{"bill_id":"110_hr37","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Science Education Tax \nIncentive for Businesses Act of 2007''.\n\nSEC. 2. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE, \n TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE \n ELEMENTARY AND SECONDARY SCHOOL LEVEL.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45O. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, \n AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY \n SCHOOL LEVEL.\n\n ``(a) In General.--For purposes of section 38, the elementary and \nsecondary science, technology, engineering, and mathematics (STEM) \ncontributions credit determined under this section for the taxable year \nis an amount equal to 100 percent of the qualified STEM contributions \nof the taxpayer for such taxable year.\n ``(b) Qualified STEM Contributions.--For purposes of this section, \nthe term `qualified STEM contributions' means--\n ``(1) STEM school contributions,\n ``(2) STEM teacher externship expenses, and\n ``(3) STEM teacher training expenses.\n ``(c) STEM School Contributions.--For purposes of this section--\n ``(1) In general.--The term `STEM school contributions' \n means--\n ``(A) STEM property contributions, and\n ``(B) STEM service contributions.\n ``(2) STEM property contributions.--The term `STEM property \n contributions' means the amount which would (but for subsection \n (f)) be allowed as a deduction under section 170 for a \n charitable contribution of STEM inventory property if--\n ``(A) the donee is an elementary or secondary \n school described in section 170(b)(1)(A)(ii),\n ``(B) substantially all of the use of the property \n by the donee is within the United States or within the \n defense dependents' education system for educational \n purposes in any of the grades K-12 that are related to \n the purpose or function of the donee,\n ``(C) the original use of the property begins with \n the donee,\n ``(D) the property will fit productively into the \n donee's education plan,\n ``(E) the property is not transferred by the donee \n in exchange for money, other property, or services, \n except for shipping, installation and transfer costs, \n and\n ``(F) the donee's use and disposition of the \n property will be in accordance with the provisions of \n subparagraphs (B) and (E).\n The determination of the amount of deduction under section 170 \n for purposes of this paragraph shall be made as if the \n limitation under section 170(e)(3)(B) applied to all STEM \n inventory property.\n ``(3) STEM service contributions.--The term `STEM service \n contributions' means the amount paid or incurred during the \n taxable year for STEM services provided in the United States or \n in the defense dependents' education system for the exclusive \n benefit of students at an elementary or secondary school \n described in section 170(b)(1)(A)(ii) but only if--\n ``(A) the taxpayer is engaged in the trade or \n business of providing such services on a commercial \n basis, and\n ``(B) no charge is imposed for providing such \n services.\n ``(4) STEM inventory property.--The term `STEM inventory \n property' means, with respect to any contribution to a school, \n any property--\n ``(A) which is described in paragraph (1) or (2) of \n section 1221(a) with respect to the donor, and\n ``(B) which is determined by the school to be \n needed by the school in providing education in grades \n K-12 in the areas of science, technology, engineering, \n or mathematics.\n ``(5) STEM services.--The term `STEM services' means, with \n respect to any contribution to a school, any service determined \n by the school to be needed by the school in providing education \n in grades K-12 in the areas of science, technology, \n engineering, or mathematics, including teaching courses of \n instruction at such school in any such area.\n ``(6) Defense dependents' education system.--For purposes \n of this subsection, the term `defense dependents' education \n system' means the program established and operated under the \n Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et \n seq.).\n ``(d) STEM Teacher Externship Expenses.--For purposes of this \nsection--\n ``(1) In general.--The term `STEM teacher externship \n expenses' means any amount paid or incurred to carry out a STEM \n externship program of the taxpayer but only to the extent that \n such amount is attributable to the participation in such \n program of any eligible STEM teacher, including amounts paid to \n such a teacher as a stipend while participating in such \n program.\n ``(2) STEM externship program.--The term `STEM externship \n program' means any program--\n ``(A) established by a taxpayer engaged in a trade \n or business within an area of science, technology, \n engineering, or mathematics, and\n ``(B) under which eligible STEM teachers receive \n training to enhance their teaching skills in the areas \n of science, technology, engineering, or mathematics or \n otherwise improve their knowledge in such areas.\n ``(3) Eligible stem teacher.--The term `eligible STEM \n teacher' means any individual--\n ``(A) who is a teacher in grades K-12 at an \n educational organization described in section \n 170(b)(1)(A)(ii) which is located in the United States \n or which is located on a United States military base \n outside the United States, and\n ``(B) whose teaching responsibilities at such \n school include, or are likely to include, any course in \n the areas of science, technology, engineering, or \n mathematics.\n ``(e) STEM Teacher Training Expenses.--The term `STEM teacher \ntraining expenses' means any amount paid or incurred by a taxpayer \nengaged in a trade or business within an area of science, technology, \nengineering, or mathematics which is attributable to the participation \nof any eligible STEM teacher in a regular training program provided to \nemployees of the taxpayer which is determined by such teacher's school \nas enhancing such teacher's teaching skills in the areas of science, \ntechnology, engineering, or mathematics.\n ``(f) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter for any amount allowed as a credit under this \nsection.''.\n (b) Conforming Amendments.--\n (1) Section 38(b) of such Code is amended by striking \n ``plus'' at the end of paragraph (30), by striking the period \n at the end of paragraph (31), and inserting ``, plus'', and by \n adding at the end the following new paragraph:\n ``(32) the elementary and secondary science, technology, \n engineering, and mathematics (STEM) contributions credit \n determined under section 45O.''.\n (2) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 of such Code is amended by adding at \n the end the following new item:\n\n``Sec. 45O. Contributions benefiting science, technology, engineering, \n and mathematics education at the elementary \n and secondary school level.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"National Science Education Tax Incentive for Businesses Act of 2007 - Amends the Internal Revenue Code to allow a general business tax credit for contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics .","title":"To amend the Internal Revenue Code of 1986 to encourage businesses to improve math and science education at elementary and secondary schools.","text_len":8494,"sum_len":321} {"bill_id":"112_hr2873","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Expansion and Hiring \nAct of 2011''.\n\nSEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN INDIVIDUALS NEWLY \n HIRED BEFORE 2013.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45S. RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013.\n\n ``(a) In General.--For purposes of section 38, in the case of any \ntaxable year ending after the date of the enactment of this section and \nbeginning before January 1, 2013, the retained worker credit determined \nunder this section for the taxable year is the aggregate of the lesser \nof--\n ``(1) $4,000 ($6,000 in the case of a long-term unemployed \n individual), or\n ``(2) 6.2 percent of the wages (as defined in section \n 3401(a)) paid by the taxpayer to such retained worker during \n the 52 consecutive week period referred to in subsection \n (c)(2).\n ``(b) Limitations.--\n ``(1) Increase in employment.--The number of retained \n workers taken into account under subsection (a) shall not \n exceed the excess of (if any)--\n ``(A) the number of employees of the taxpayer at \n the end of the taxable year, over\n ``(B) the number of employees of the taxpayer at \n the beginning of the taxable year.\n ``(2) Dollar limitation.--The amount allowed as a credit \n under subsection (a) for a taxable year with respect to any \n business location of the employer shall not exceed $400,000.\n ``(3) Special rules.--\n ``(A) Business-location specific.--All \n determinations under this section regarding the number \n of employees shall be determined on a location basis.\n ``(B) Employees rotated among business not \n eligible.--An employee who is moved from one location \n of the taxpayer to another location shall not be taken \n into account for purposes of paragraph (1).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Retained worker.--The term `retained worker' means \n any qualified individual--\n ``(A) who was employed by the taxpayer on any date \n during the taxable year,\n ``(B) who was so employed by the taxpayer for a \n period of not less than 52 consecutive weeks, and\n ``(C) whose wages (as defined in section 3401(a)) \n for such employment during the last 26 weeks of such \n period equaled at least 80 percent of such wages for \n the first 26 weeks of such period.\n ``(2) Qualified individual.--The term `qualified \n individual' means any individual who--\n ``(A) begins employment with a qualified employer \n after December 31, 2010, and before January 1, 2014,\n ``(B) certifies by signed affidavit, under \n penalties of perjury, that such individual has not been \n employed for 40 hours or more per week during the 60-\n day period ending on the date such individual begins \n such employment,\n ``(C) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(D) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(3) Qualified employer.--\n ``(A) In general.--The term `qualified employer' \n means any employer other than the United States, any \n State, or any political subdivision thereof, or any \n instrumentality of the foregoing which employed an \n average of less than 100 employees on business days \n during such taxable year.\n ``(B) Treatment of employees of post-secondary \n educational institutions.--Notwithstanding subparagraph \n (A), the term `qualified employer' includes any \n employer which is a public institution of higher \n education (as defined in section 101(b) of the Higher \n Education Act of 1965).\n ``(4) Long-term unemployed individual.--The term `long-term \n unemployed individual' means an individual who was in receipt \n of unemployment compensation under State or Federal law for not \n less than 26 weeks during the 1-year period ending on the day \n the individual is hired by the employer.''.\n (b) Credit Allowed as Business Credit.--Section 38(b) of the \nInternal Revenue Code of 1986 (relating to current year business \ncredit) is amended by striking ``plus'' at the end of paragraph (35), \nby striking the period at the end of paragraph (36) and inserting ``, \nplus'', and by adding at the end the following new paragraph:\n ``(37) the retained worker credit determined under section \n 45S.''.\n (c) Limitation on Carryforward.--Section 39(a) of such Code is \namended by adding at the end the following:\n ``(5) 3-year carryforward for retained worker credit.--In \n the case of the retained worker credit, paragraph (2) shall be \n applied--\n ``(A) by substituting `3 taxable years' for `21 \n taxable years' in subparagraph (A) thereof, and\n ``(B) by substituting `2 taxable years' for `20 \n taxable years' in subparagraph (B) thereof.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45R the \nfollowing new item:\n\n``Sec. 45S. Retention of certain individuals newly hired before \n 2013.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Small Business Expansion and Hiring Act of 2011 - Amends the Internal Revenue Code to allow nongovernmental employers who employ an average of fewer than 100 employees during a taxable year a retained worker tax credit until December 31, 2012, for the lesser of $4,000 or 6.2 of the wages paid to a retained worker during a period of not less than 52 consecutive weeks of employment. Limits the amount of such credit with respect to any business location of the employer to $400,000 and provides that the number of retained workers taken into account for such credit shall not exceed the excess of the number of employees of the taxpayer at the end of the taxable year over the number of such employees at the beginning of the taxable year. Defines retained worker to mean any qualified individual who was employed on any date during the taxable year for a period of not less than 52 weeks and whose wages during the last 26 weeks of such period equaled at least 80 of such wages for the first 26 weeks of such period. Defines qualified individual as any individual who: (1) begins employment after 2010 and before 2014, (2) certifies by signed affidavit that such individual has not been employed for 40 hours or more per week during the 60-day period ending on the date such individual begins employment, (3) is not replacing another employee, and (4) is not disqualified for such credit by a relationship to the employer.","title":"To amend the Internal Revenue Code of 1986 to provide a credit to employers for the retention of certain individuals hired before 2013.","text_len":6522,"sum_len":1424} {"bill_id":"109_s2408","text":"SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN.\n\n (a) In General.--The Director of National Intelligence shall make \npublicly available on an Internet website all captured documents.\n (b) Review by Director of National Intelligence.--The Director of \nNational Intelligence may review a captured document before making such \ndocument publicly available under subsection (a). The Director shall \nnot be required to make a captured document publicly available under \nsubsection (a) if--\n (1) in the case of a captured document that is reviewed by \n the Director before the date of the enactment of this Act, the \n Director submits to the relevant congressional committees a \n description of the criteria the Director used to determine it \n is not appropriate to make a captured document publicly \n available and such captured document meets such criteria; or\n (2) in the case of a captured document that is reviewed by \n the Director on or after the date of the enactment of this Act, \n the Director submits to the relevant congressional committees a \n description of the criteria the Director shall use to determine \n if it is not appropriate to make a captured document publicly \n available and the captured document meets such criteria.\n (c) Submission of Description of Non-Released Documents.--\n (1) Review before date of enactment.--Not later than 90 \n days after the date of the enactment of this Act, the Director \n of National Intelligence shall submit to the relevant \n congressional committees a report containing--\n (A) a description of each captured document that, \n before such date, the Director determined should not be \n made publicly available; and\n (B) an explanation as to why the Director does not \n consider it appropriate to make such captured document \n publicly available.\n (2) Review after date of enactment.--Not later than 30 days \n after the Director of National Intelligence determines that a \n captured document should not be made publicly available \n pursuant to subsection (b)(2), the Director shall submit to the \n relevant congressional committees a report containing a \n description of such captured document and an explanation as to \n why the Director does not consider it appropriate to make such \n document publicly available.\n (3) Request for document.--The Director of National \n Intelligence shall make a copy of each captured document \n available to the relevant congressional committees for review \n upon request of the Chairman of any of such relevant \n congressional committees. The Director shall make such copy \n available in either classified or unclassified form.\n (d) Publication or Review Date.--\n (1) In general.--The Director of National Intelligence \n shall begin making captured documents publicly available \n pursuant to subsection (a) not later than 30 days after the \n date of the enactment of this Act.\n (2) Documents collected prior to date of enactment.--\n (A) In general.--Not later than the date described \n in subparagraph (B), for each captured document \n captured or collected before the date of the enactment \n of this Act, the Director of National Intelligence \n shall make such captured document publicly available \n pursuant to subsection (a) or shall submit to the \n relevant congressional committees a report regarding \n such captured document pursuant to subsection (c).\n (B) Dates.--The date described in this subparagraph \n is--\n (i) September 30, 2006, for captured \n documents captured or collected during \n Operation Enduring Freedom and Operation Iraqi \n Freedom; and\n (ii) March 31, 2007, for captured documents \n captured or collected during Operation Desert \n Storm.\n (3) Documents collected after date of enactment.--For each \n captured document that is captured or collected on or after the \n date of the enactment of this Act, not later than 60 days after \n the date on which such captured document is captured or \n collected, the Director of National Intelligence shall make \n such captured document publicly available pursuant to \n subsection (a) or shall submit to the relevant congressional \n committees a report regarding such captured document pursuant \n to subsection (c).\n (e) Weekly Report.--Not later than 7 days after the date of \nenactment of this Act, and weekly thereafter until each captured \ndocument captured or collected before the date of the enactment of this \nAct is made publicly available pursuant to subsection (a) or described \nin a report submitted pursuant to subsection (c), the Director of \nNational Intelligence shall submit to the relevant congressional \ncommittees a report describing the progress in making captured \ndocuments publicly available.\n (f) Definitions.--In this section:\n (1) Captured document.--The term ``captured document'' \n means a document captured or collected in Afghanistan or Iraq, \n including a document collected from the Government of Iraq or \n from a private person and including a document in electronic \n form, during Operation Desert Storm, Operation Enduring \n Freedom, and Operation Iraqi Freedom.\n (2) Relevant congressional committees.--The term ``relevant \n congressional committees'' means the Permanent Select Committee \n on Intelligence of the House of Representatives and Select \n Committee on Intelligence of the Senate.","summary":"Requires the Director of National Intelligence to make publicly available on an Internet website all documents captured in Afghanistan or Iraq during Operations Desert Storm, Enduring Freedom, or Iraqi Freedom. Provides conditions under which the Director shall not be required to make a captured document publicly available, including providing a list of retained documents, and the criteria used for such retention, to the congressional intelligence committees.","title":"A bill to require the Director of National Intelligence to release documents captured in Afghanistan or Iraq during Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom.","text_len":6154,"sum_len":463} {"bill_id":"108_s1899","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Cancer Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In 2003, an estimated 1,334,100 Americans will be \n diagnosed with some form of cancer.\n (2) In 2003, an estimated 556,500 Americans will die of \n cancer. In the United States, 1 in every 4 deaths results from \n cancer.\n (3) In 2002, the National Institutes of Health estimated \n the overall cost of cancer at $171,600,000,000.\n (4) In 2003, an estimated 211,300 American women and 1,300 \n men will be diagnosed with breast cancer, and 40,200 will die \n of the disease. A mammogram every 1-2 years can reduce the risk \n of dying by about 16 percent for women 40 years of age and \n older.\n (5) In 2003, an estimated 40,100 women will be newly \n diagnosed with cancer of the uterine corpus and 6,800 women \n will die of the disease.\n (6) In 2003, an estimated 147,500 Americans will be \n diagnosed with colorectal cancer and 57,100 will die of the \n disease.\n (7) Incidence rates of colorectal cancer stabilized between \n 1995 and 1999. Research suggests that declines may be in part \n due to increased screening and polyp removal.\n (8) The Chronic Disease Prevention Department found that \n screening for colorectal cancer can reduce the number of deaths \n by at least 30 percent.\n (9) Regular screening examinations by a health care \n professional can result in early detection of cancers of the \n breast, colon, rectum, prostate, testis, oral cavity, and skin. \n If all these cancers were diagnosed at a localized stage \n through regular examinations, the 5-year survival rate would \n increase from 82 percent to 95 percent.\n (10) Cancers of the lung, mouth, larynx, bladder, kidney, \n cervix, esophagus, and pancreas are related to tobacco use. The \n American Cancer Society estimates that in 2003 more than \n 180,000 cancer deaths will be caused by tobacco use. Smoking \n alone causes \\1\/3\\ of all cancer deaths.\n (11) More than 1,000,000 skin cancers expected to be \n diagnosed in 2003 could have been prevented by protection from \n the sun's rays.\n (12) An estimated 9,000 new cases of childhood cancer are \n expected to occur in 2003.\n (13) Cancer is the chief cause of death by disease in \n children between the ages of 1 and 14.\n (14) The American Cancer Society estimates that \n approximately \\1\/3\\ of the 556,500 cancer deaths expected in \n 2003 will be related to nutrition, physical inactivity, \n obesity, and other lifestyle factors that could be prevented.\n (15) About 77 percent of all cancers are diagnosed at age \n 55 and older. In order to ensure high quality cancer care for \n American seniors, medicare reimbursements must reflect the true \n cost of treatment in every treatment setting and medicare \n payments should accurately reflect the cost of drug and \n biologics as well as the cost of administering drugs and \n supportive care therapies.\n (16) Despite an aging population, death rates for the most \n common cancers, lung, colorectal, breast, and prostate continue \n to drop at an average of 1.7 percent per year.\n (17) In May 2001, Gleevec, the first in what is expected to \n be a number of cancer treatments, was approved for use by the \n Food and Drug Administration as it appeared to be effective in \n stopping the growth of deadly Chronic Myeloid Leukemia cells \n within 3 months of use. In 2002, Gleevec showed ability to stop \n growth of gastrointestinal stromal tumors.\n (18) In early 2003, researchers used gene chips to \n accurately predict whether or not breast cancer tumors would \n spread in the future. If the findings are validated, doctors \n will be able to determine which patients are likely to relapse \n and need chemotherapy, while sparing those with a favorable \n prognosis from additional treatment.\n (19) The Lance Armstrong Foundation, a leading national \n organization providing services and support for cancer \n survivors, defines cancer survivorship as living with, through, \n and beyond cancer.\n (20) In 2001, there were 9,600,000 cancer survivors in the \n United States.\n (21) Sixty percent of adults diagnosed with cancer survive \n at least 5 years.\n (22) While nearly every childhood cancer diagnosis 20 years \n ago was fatal, today more than 80 percent of children diagnosed \n with cancer survive at least 5 years.\n\nSEC. 3. SENSE OF THE SENATE.\n\n It is the sense of the Senate that the United States is at a point \nin history in which we must take the proper steps to reach the goal of \nmaking cancer survivorship the rule and cancer deaths rare by the year \n2015.\n\n TITLE I--PUBLIC HEALTH PROVISIONS\n\nSEC. 101. NATIONAL PROGRAM OF CANCER REGISTRIES.\n\n Part M of title III of the Public Health Service Act (42 U.S.C. \n280e et seq.) is amended by inserting after section 399B the following:\n\n``SEC. 399B-1. ENHANCING CANCER REGISTRIES AND PREPARING FOR THE \n FUTURE.\n\n ``(a) Strategic Plan.--Not later than 1 year after the date of \nenactment of the National Cancer Act of 2003 the Secretary shall \ndevelop a plan and submit a report to Congress that outlines strategies \nby which the State cancer registries funded with grants under section \n399B and the Surveillance, Epidemiology, and End Results program of the \nNational Cancer Institute (in this section referred to as the `SEER \nprogram') can share information to ensure more comprehensive cancer \ndata. The report shall include ways in which the Secretary will--\n ``(1) standardize data between State cancer registries and \n the SEER program;\n ``(2) increase the portability and usability of data files \n from each registry for researchers and public health planners;\n ``(3) ensure data collection from the greatest number of \n health care facilities possible;\n ``(4) maximize the use of State registry data and data from \n the SEER program in State and regional public health planning \n processes; and\n ``(5) promote the use of data to--\n ``(A) improve the health status of cancer \n survivors; and\n ``(B) research quality of cancer care and access to \n that care.''.\n\nSEC. 102. ENHANCING EXISTING SCREENING EFFORTS.\n\n (a) Grant and Contract Authority of States.--Section 1501(b)(2) of \nthe Public Health Service Act (42 U.S.C. 300k(b)(2)) is amended to read \nas follows:\n ``(2) Certain applications.--\n ``(A) Strategies for colorectal cancer screening.--\n If any entity submits an application to a State to \n receive an award of a grant or contract pursuant to \n paragraph (1) that includes strategies for colorectal \n cancer screening and outreach, the State may give \n priority to the application submitted by that entity in \n any case in which the State determines that the quality \n of such application is equivalent to the quality of the \n application submitted by the other entities.\n ``(B) Women diagnosed with cancer.--If any entity \n submits an application to a State to receive an award \n of a grant or contract pursuant to paragraph (1) that \n includes strategies for the provision of treatment for \n uninsured women diagnosed with cancer discovered in the \n course of the screening, the State may give priority to \n the application submitted by that entity in any case in \n which the State determines that the quality of such \n application is equivalent to the quality of the \n application submitted by the other entities.''.\n (b) Requirements With Respect to Type and Quality of Services.--\nSection 1503 of the Public Health Service Act (42 U.S.C. 300m) is \namended by adding at the end the following:\n ``(d) Waiver of Direct Services Requirement.--The Secretary may \nwaive the requirement under subsection (a)(1) if--\n ``(1) the State involved will use the grant under this \n section for a demonstration project that will leverage private \n funds to supplement program efforts; or\n ``(2) such requirement would cause a barrier to the \n enrollment of qualifying women.''.\n (c) Authorization of Appropriations.--Section 1510(a) of the Public \nHealth Service Act (42 U.S.C. 300n-5(a)) is amended by striking \n``$50,000,000'' and all that follows and inserting ``such sums as may \nbe necessary for each of fiscal years 2004 through 2008.''.\n (d) Report on the Comprehensive Colorectal Cancer Initiative.--Not \nlater than 6 months after the date of enactment of this Act, the \nDirector of the Centers for Disease Control and Prevention shall submit \nto the appropriate committees of Congress a report containing an \nassessment of the success of the Comprehensive Colorectal Cancer \nInitiative (within the Centers for Disease Control and Prevention) in--\n (1) increasing public awareness of colorectal cancer;\n (2) increasing awareness of screening guidelines among \n health care providers;\n (3) monitoring national colorectal cancer screening rates;\n (4) promoting increased patient-provider communication \n about colorectal cancer screening;\n (5) supporting quantitative and qualitative research \n efforts; and\n (6) providing funding to State programs to implement \n colorectal cancer priorities.\n\nSEC. 103. ENHANCED PATIENT EDUCATION.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399O. ENHANCED PATIENT EDUCATION.\n\n ``(a) Grants Authorized.--The Secretary is authorized to award \ngrants to eligible entities to implement programs to educate patients \nand their families about--\n ``(1) the availability and options of effective medical \n techniques and pain management technology therapies to reduce \n and prevent pain and suffering for those with cancer upon \n diagnosis;\n ``(2) the unique health challenges associated with cancer \n survivorship, including--\n ``(A) the role of followup care and monitoring to \n support and improve the long-term quality of life for \n cancer survivors;\n ``(B) physical activity and healthy lifestyles; and\n ``(C) the availability of peer and mentor support \n programs; and\n ``(3) community resources available to increase access to \n quality cancer care.\n ``(b) Application.--An eligible entity desiring a grant under this \nsection shall submit to the Secretary an application at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n ``(c) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be \nnecessary.''.\n\nSEC. 104. PRACTITIONER EDUCATION PROGRAM.\n\n Section 414 of the Public Health Service Act (42 U.S.C. 285a-3) is \namended by adding at the end the following:\n ``(d) In order to receive funding under this section, a center \ndescribed under subsection (a) shall maintain a program for \ndisseminating to patients and research participants, as well as their \ncaregivers, the latest information about--\n ``(1) pain and symptom management and palliative care; and\n ``(2) the unique clinical and research challenges \n associated with cancer survivorship.\n ``(e) The Secretary may provide additional amounts to fund centers \nunder subsection (a) that develop innovative relationships with \ncommunity cancer centers, community health centers, rural hospitals, \nand other community-based health care providers who target medically \nunderserved populations for the purpose of increasing access to quality \ncancer care.''.\n\nSEC. 105. ELEVATING THE IMPORTANCE OF PAIN MANAGEMENT AND CANCER \n SURVIVORSHIP THROUGHOUT THE NATION'S CANCER PROGRAMS.\n\n (a) National Cancer Program.--Section 411 of the Public Health \nService Act (42 U.S.C. 285a) is amended to read as follows:\n ``Sec. 411. The National Cancer Program shall consist of--\n ``(1) an expanded, intensified, and coordinated cancer \n research program encompassing the research programs conducted \n and supported by the Institute and the related research \n programs of the other national research institutes, including \n research programs for--\n ``(A) pain and symptom management;\n ``(B) survivorship; and\n ``(C) the prevention of cancer caused by \n occupational or environmental exposure to carcinogens; \n and\n ``(2) the other programs and activities of the Institute, \n including research on populations with both uniquely diverse \n genetic variation and geographic isolation.''.\n (b) Cancer Control Programs.--Section 412(2) of the Public Health \nService Act (42 U.S.C. 285a-1(2)) is amended--\n (1) in subparagraph (A), by striking ``, and'' and \n inserting a semicolon; and\n (2) by adding at the end the following:\n ``(C) appropriate methods of pain and symptom \n management for individuals with cancer, including end-\n of-life care and cancer survivorship; and''.\n (c) Special Authorities of the Director.--Section 413(a)(2) of the \nPublic Health Service Act (42 U.S.C. 285a-2(a)(2)) is amended--\n (1) in subparagraph (D), by striking ``and'' at the end;\n (2) in subparagraph (E), by striking the period and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(F) assess and improve pain and symptom management of \n cancer throughout the course of treatment and cancer \n survivorship.''.\n (d) Breast and Gynecological Cancers.--Section 417 of the Public \nHealth Service Act (42 U.S.C. 285a-6) is amended--\n (1) in subsection (c)(1)--\n (A) in subparagraph (D), by striking ``and'' at the \n end;\n (B) in subparagraph (E), by striking the period and \n inserting ``; and''; and\n (C) by inserting after subparagraph (E) the \n following:\n ``(F) basic, clinical, and applied research \n concerning pain and symptom management and cancer \n survivorship.''; and\n (2) in subsection (d)--\n (A) in paragraph (4), by striking ``and'' at the \n end;\n (B) in paragraph (5), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(6) basic, clinical, and applied research concerning pain \n and symptom management and cancer survivorship.''.\n (e) Prostate Cancer.--Section 417A(c)(1) of the Public Health \nService Act (42 U.S.C. 285a-7(c)(1)) is amended--\n (1) in subparagraph (F), by striking ``and'' at the end;\n (2) in subparagraph (G), by striking the period and \n inserting ``; and''; and\n (3) by inserting after subparagraph (G) the following:\n ``(H) basic and clinical research concerning pain \n and symptom management and cancer survivorship.''.\n\nSEC. 106. SURVIVORSHIP RESEARCH PROGRAM.\n\n Subpart 1 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285 et seq.) is amended by adding at the end the following:\n\n``SEC. 417D. SURVIVORSHIP RESEARCH PROGRAM.\n\n ``(a) Establishment.--There is established, within the Institute, \nan Office on Cancer Survivorship (in this section referred to as the \n`Office'), which may be headed by an Associate Director, to implement \nand direct the expansion and coordination of the activities of the \nInstitute with respect to cancer survivorship research.\n ``(b) Collaboration Among Agencies.--In carrying out the activities \ndescribed in subsection (a), the Office shall collaborate with other \ninstitutes, centers, and offices within the National Institutes of \nHealth that are determined appropriate by the Office.\n ``(c) Report.--Not later than 1 year after the date of enactment of \nthis section, the Secretary shall prepare and submit to the appropriate \ncommittees of Congress a report providing a description of the \nsurvivorship activities of the Office and strategies for future \nactivities.''.\n\n TITLE II--RESEARCH PROVISIONS\n\nSEC. 201. NATIONAL CANCER INSTITUTE.\n\n (a) Other Transactions Authority.--Subpart 1 of part C of title IV \nof the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by \nsection 106, is further amended by adding at the end the following:\n\n``SEC. 417E. OTHER TRANSACTIONS AUTHORITY.\n\n ``Notwithstanding any other provision of this subpart, the Director \nof the National Cancer Institute may cofund grant projects with private \nentities for any purpose described in this subpart.''.\n (b) Sense of the Senate on a Central Institutional Review Board.--\nIt is the sense of the Senate that--\n (1) the current procedure of sending 1 clinical trial \n through multiple local institutional review boards may not be \n the most efficient method for the protection of patients \n enrolled in the trial and may delay the process of bringing \n lifesaving treatment to cancer patients;\n (2) the National Cancer Institute should be commended for \n its work in centralizing the institutional review board \n process; and\n (3) the research community should continue to streamline \n the institutional review board process in order to bring \n lifesaving treatments to patients as quickly as possible.\n (c) Patient and Provider Outreach Opportunities With Experimental \nTherapies.--For the purpose of enhancing patient access to experimental \ntherapies, the National Cancer Institute shall conduct the following \nactivities:\n (1) Integrate, to the maximum extent practicable, trials \n being conducted by private manufacturers into the National \n Cancer Institute's clinical trials online database. Such \n integration may require specific awareness-raising and outreach \n activities by the National Cancer Institute to private \n industry.\n (2) Establish an education program which provides patients \n and providers with--\n (A) information about how to access and use the \n National Cancer Institute clinical trials database \n online; and\n (B) information about the Food and Drug \n Administration process for approving the use of drugs \n and biologics for a single patient.","summary":"National Cancer Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop an information-sharing plan for State cancer registries. Modifies provisions concerning preventive health measures with respect to breast and cervical cancers to permit priority to be given to certain projects involving: (1) colorectal cancer screening and outreach. And (2) treating uninsured women diagnosed with cancer during such screening. Authorizes specified waivers of the direct services requirement for breast and cervical cancer screening grants. Authorizes the Secretary to award grants to eligible entities to educate cancer patients and their families about medical techniques to reduce and prevent pain, survivorship care and support programs, and related community resources. Requires a national cancer research center to have a practitioner education program that includes pain and symptom management and survivorship care. Amends various provisions of the Act to emphasize the importance of pain and symptom management throughout the nation's cancer programs. Establishes within the National Cancer Institute an Office on Cancer Survivorship. Authorizes the Director of NCI to co-fund grant projects for various cancer programs. Expresses the sense of the Senate with respect to: (1) cancer survivorship, and (2) institutional review board procedures.","title":"A bill to improve data collection and dissemination, treatment, and research relating to cancer, and for other purposes.","text_len":19853,"sum_len":1400} {"bill_id":"107_s1531","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Call-Up Relief Act''.\n\nSEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTY FOR DISTRIBUTIONS FROM \n QUALIFIED RETIREMENT PLANS TO INDIVIDUALS CALLED TO \n ACTIVE DUTY DURING THE NATIONAL EMERGENCY DECLARED BY THE \n PRESIDENT ON SEPTEMBER 14, 2001.\n\n (a) Waiver For Certain Distributions.--\n (1) In general.--Section 72(t)(2) of the Internal Revenue \n Code of 1986 (relating to 10-percent additional tax on early \n distributions from qualified retirement plans) is amended by \n adding at the end the following:\n ``(G) Distributions to individuals performing \n national emergency active duty.--Any distribution to an \n individual who, at the time of the distribution, is a \n member of a reserve component called or ordered to \n active duty pursuant to a provision of law referred to \n in section 101(a)(13)(B) of title 10, United States \n Code, during the period of the national emergency \n declared by the President on September 14, 2001.''.\n (2) Waiver of underpayment penalty.--Section 6654(e)(3) of \n such Code (relating to waiver in certain cases) is amended by \n adding at the end the following:\n ``(C) Certain early withdrawals from retirement \n plans.--No addition to tax shall be imposed under \n subsection (a) with respect to any underpayment to the \n extent such underpayment was created or increased by \n any distribution described in section 72(t)(2)(G).''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to distributions made to an individual after \n September 13, 2001.\n (b) Catch-up Contributions Allowed.--\n (1) Individual retirement accounts.--Section 219(b)(5) of \n the Internal Revenue Code of 1986 (relating to deductible \n amount) is amended by adding at the end the following:\n ``(D) Catch-up contributions for certain \n distributions.--In the case of an individual who has \n received a distribution described in section \n 72(t)(2)(G), the deductible amount for any taxable year \n shall be increased by an amount equal to--\n ``(i) the aggregate amount of such \n distributions (not attributable to earnings) \n made with respect to such individual, over\n ``(ii) the aggregate amount of such \n distributions (not attributable to earnings) \n previously taken into account under this \n subparagraph or section 414(w).''.\n (2) Roth iras.--Section 408A(c) of such Code (relating to \n treatment of contributions) is amended by redesignating \n paragraph (7) as paragraph (8) and by inserting after paragraph \n (6) the following:\n ``(7) Catch-up contributions for certain distributions.--\n Any contribution described in section 219(b)(5)(D) shall not be \n taken into account for purposes of paragraph (2).''.\n (3) Employer plans.--Section 414 of such Code (relating to \n definitions and special rules) is amended by adding at the end \n the following:\n ``(w) Catch-up contributions for certain distributions.--\n ``(1) In general.--An applicable employer plan shall not be \n treated as failing to meet any requirement of this title solely \n because the plan permits an applicable participant to make \n additional elective deferrals in any plan year.\n ``(2) Limitation on amount of additional deferrals.--\n ``(A) In general.--A plan shall not permit \n additional elective deferrals under paragraph (1) for \n any year in an amount greater than the lesser of--\n ``(i) the applicable dollar amount, or\n ``(ii) the excess (if any) of--\n ``(I) the participant's \n compensation (as defined in section \n 415(c)(3)) for the year, over\n ``(II) any other elective deferrals \n of the participant for such year which \n are made without regard to this \n subsection.\n ``(B) Applicable dollar amount.--For purposes of \n this paragraph, the applicable dollar amount with \n respect to a participant shall be an amount equal to--\n ``(i) the aggregate amount of distributions \n described in section 72(t)(2)(G) (not \n attributable to earnings) made with respect to \n such participant, over\n ``(ii) the aggregate amount of such \n distributions (not attributable to earnings) \n previously taken into account under this \n subsection or section 219(b)(5)(B).\n ``(3) Treatment of contributions.--Rules similar to the \n rules of paragraphs (3) and (4) of subsection (v) shall apply \n with respect to contributions made under this subsection.\n ``(4) Definitions.--For purposes of this subsection, the \n terms `applicable employer plan' and `elective deferral' have \n the same meanings given such terms in subsection (v)(6).''.\n (4) Conforming amendment.--Section 414(v)(2)(A)(ii)(II) of \n such Code (relating to limitation on amount of additional \n deferrals) is amended by inserting ``(other than deferrals \n under subsection (w))'' after ``deferrals''.\n (5) Effective date.--The amendments made by this subsection \n shall apply to contributions in taxable years ending after \n December 31, 2001.","summary":"Military Call-up Relief Act - Amends the Internal Revenue Code to waive the ten percent early withdrawal penalty for distributions from qualified retirement plans to individuals called to active duty during the national emergency declared by the President on September 14, 2001.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a waiver of the early withdrawal penalty for distributions from qualified retirement plans to individuals called to active duty during the national emergency declared by the President on September 14, 2001, and for other purposes.","text_len":6273,"sum_len":278} {"bill_id":"107_hr4541","text":"SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES PREMATURELY LIQUIDATED IN \n ERROR.\n\n (a) In General.--Notwithstanding sections 514 and 520 of the Tariff \nAct of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, \nthe United States Customs Service shall, not later than 90 days after \nthe date of the enactment of this Act, reliquidate those entries \ndescribed in subsection (c), in accordance with the final decision of \nthe International Trade Administration of the Department of Commerce, \nand the final results of the administrative reviews, for entries made \non or after December 1, 1993 and before April 1, 2001.\n (b) Payment of Amounts Owed.--Any amounts owed by the United States \npursuant to the liquidation or reliquidation of an entry under \nsubsection (a) shall be paid by the Customs Service within 90 days \nafter such liquidation or reliquidation.\n (c) Entry List.--The entries referred to in subsection (a), are as \nfollows:\n\n \n\n \n Entry number Date of entry Date of liquidation\n \n669-26046013 02\/09\/94 07\/12\/96\n112-62707166 02\/12\/94 05\/14\/99\n669-26046716 03\/05\/94 07\/12\/96\n669-26046997 03\/16\/94 07\/12\/96\n669-26047094 03\/22\/94 07\/12\/96\n669-26047508 04\/03\/94 07\/12\/96\n225-41000430 04\/11\/94 07\/29\/94\n669-26047862 04\/19\/94 07\/12\/96\n669-26048027 04\/22\/94 07\/12\/96\n669-26048050 04\/22\/94 07\/12\/96\n669-26048068 04\/22\/94 07\/12\/96\n669-26049199 06\/05\/94 07\/12\/96\n051-01380045 06\/14\/94 06\/21\/96\n225-21019541 07\/02\/94 Unknown\n669-26050742 07\/20\/94 07\/12\/96\n669-26051294 08\/16\/94 07\/19\/96\n669-26051377 08\/17\/94 07\/12\/96\n669-26051401 08\/23\/94 07\/19\/96\n051-01378452 09\/01\/94 08\/16\/96\n669-26051906 09\/06\/94 07\/19\/96\n669-26052714 10\/05\/94 07\/19\/96\n669-26054629 01\/02\/95 07\/12\/96\n669-26054918 01\/21\/95 07\/12\/96\n669-00985582 02\/17\/95 09\/17\/99\n225-41030148 05\/01\/95 01\/20\/95\n112-85106669 06\/07\/95 02\/25\/00\n112-80968196 08\/03\/95 11\/17\/95\n669-26059347 09\/02\/95 07\/12\/96\n112-79650961 09\/27\/95 12\/29\/95\n669-28017335 10\/06\/95 06\/14\/96\n112-05038720 05\/01\/96 08\/02\/96\n112-17629326 01\/06\/97 04\/18\/97\n112-17629326 03\/12\/97 04\/18\/97\n669-01225053 06\/12\/97 10\/15\/99\n669-01223637 06\/25\/97 10\/08\/99\n669-01225418 06\/25\/97 10\/08\/99\n669-01225913 06\/27\/97 10\/08\/99\n669-01227380 07\/03\/97 10\/08\/99\n669-01232166 07\/07\/97 10\/08\/99\n669-01230533 07\/09\/97 10\/08\/99\n669-01236357 07\/30\/97 10\/08\/99\n100-47966294 08\/08\/97 08\/26\/99\n669-01241811 08\/13\/97 10\/08\/99\n669-01245838 08\/27\/97 10\/08\/99\n669-01247933 09\/04\/97 10\/15\/99\n669-01251448 09\/21\/97 10\/08\/99\n669-01254020 09\/24\/97 10\/08\/99\n669-01256801 10\/01\/97 10\/08\/99\n669-01259466 10\/15\/97 10\/08\/99\n669-01260753 10\/15\/97 10\/08\/99\n669-01261363 10\/16\/97 10\/08\/99\n669-01262650 10\/22\/97 10\/08\/99\n669-01263856 10\/24\/97 10\/08\/99\n669-01267337 11\/06\/97 10\/08\/99\n669-01269200 11\/12\/97 10\/08\/99\n669-01271784 11\/20\/97 10\/08\/99\n669-01271800 11\/23\/97 10\/08\/99\n669-01272907 11\/30\/97 10\/08\/99\n669-01273673 11\/30\/97 10\/08\/99\n669-01274119 11\/30\/97 10\/08\/99\n669-01276585 12\/04\/97 10\/08\/99\n669-01278763 12\/14\/97 10\/15\/99\n669-01283441 12\/30\/97 10\/08\/99\n669-01296948 01\/09\/98 10\/08\/99\n669-01292186 01\/22\/98 10\/08\/99\n669-04201964 01\/23\/98 10\/08\/99\n112-14206987 01\/23\/98 02\/22\/99\n669-01295130 02\/01\/98 10\/08\/99\n669-01296955 02\/05\/98 10\/08\/99\n669-01297649 02\/12\/98 10\/08\/99\n669-01298530 02\/12\/98 10\/08\/99\n669-01302126 02\/21\/98 10\/08\/99\n669-01302134 02\/21\/98 10\/08\/99\n669-01302530 02\/21\/98 10\/08\/99\n669-01303546 02\/21\/98 10\/08\/99\n669-01304569 02\/27\/98 10\/08\/99\n669-01305947 03\/05\/98 10\/08\/99\n669-01306978 03\/07\/98 10\/08\/99\n669-01306986 03\/07\/98 10\/08\/99\n669-01307554 03\/12\/98 10\/08\/99\n669-01312711 03\/14\/98 10\/08\/99\n669-28050047 03\/20\/98 04\/02\/99\n669-01312703 03\/21\/98 10\/08\/99\n669-01318072 04\/07\/98 10\/08\/99\n669-01324781 04\/24\/98 10\/08\/99\n669-01325218 04\/25\/98 10\/08\/99\n669-01327586 04\/30\/98 10\/08\/99\n669-01330283 May-98 10\/08\/99\n669-01332081 May-98 10\/08\/99\n112-35098876 05\/08\/98 04\/02\/99\n669-01332081 05\/16\/98 10\/08\/99\n669-01335357 05\/26\/98 10\/08\/99\n700-07050910 05\/30\/98 03\/24\/00\n110-54366892 06\/03\/98 04\/16\/99\n112-38590861 09\/09\/98 07\/23\/99\n110-71159908 03\/04\/99 02\/23\/01\n112-01742119 04\/20\/99 08\/09\/96\n110-64694523 10\/07\/99 10\/01\/99\n225-21606420 11\/18\/00 11\/13\/00\n700-07505228 01\/12\/01 03\/16\/01","summary":"Requires the Customs Service to reliquidate certain entries prematurely liquidated and to refund any amounts owed.","title":"To provide for reliquidation of entries prematurely liquidated by the United States Customs Service.","text_len":11691,"sum_len":114} {"bill_id":"111_s1495","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Service Dogs for Veterans Act of \n2009''.\n\nSEC. 2. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR \n REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL \n INJURIES OR DISABILITIES.\n\n (a) Findings.--Congress makes the following findings:\n (1) The United States owes a profound debt to those who \n have served the United States honorably in the Armed Forces.\n (2) Disabled veterans suffer from a range of physical and \n mental injuries and disabilities.\n (3) In 2008, the Army reported the highest level of \n suicides among its soldiers since it began tracking the rate 28 \n years before 2009.\n (4) A scientific study documented in the 2008 Rand Report \n entitled ``Invisible Wounds of War'' estimated that 300,000 \n veterans of Operation Enduring Freedom and Operation Iraqi \n Freedom currently suffer from post-traumatic stress disorder.\n (5) Veterans have benefitted in multiple ways from the \n provision of service dogs.\n (6) The Department of Veterans Affairs has been \n successfully placing guide dogs with the blind since 1961.\n (7) Thousands of dogs around the country await adoption.\n (b) Program Required.--Not later than 120 days after the date of \nthe enactment of this Act, the Secretary of Veterans Affairs shall \ncommence a three-year pilot program to assess the benefits, \nfeasibility, and advisability of using service dogs for the treatment \nor rehabilitation of veterans with physical or mental injuries or \ndisabilities, including post-traumatic stress disorder.\n (c) Partnerships.--\n (1) In general.--The Secretary shall carry out the pilot \n program by partnering with nonprofit organizations that--\n (A) have experience providing service dogs to \n individuals with injuries or disabilities;\n (B) do not charge fees for the dogs, services, or \n lodging that they provide; and\n (C) are accredited by a generally accepted \n industry-standard accrediting institution.\n (2) Reimbursement of costs.--The Secretary shall reimburse \n partners for costs relating to the pilot program as follows:\n (A) For the first 50 dogs provided under the pilot \n program, all costs relating to the provision of such \n dogs.\n (B) For dogs provided under the pilot program after \n the first 50 dogs provided, all costs relating to the \n provision of every other dog.\n (d) Participation.--\n (1) In general.--As part of the pilot program, the \n Secretary shall provide a service dog to a number of veterans \n with physical or mental injuries or disabilities that is \n greater than or equal to the greater of--\n (A) 200; and\n (B) the minimum number of such veterans required to \n produce scientifically valid results with respect to \n assessing the benefits and costs of the use of such \n dogs for the treatment or rehabilitation of such \n veterans.\n (2) Composition.--The Secretary shall ensure that--\n (A) half of the participants in the pilot program \n are veterans who suffer primarily from a mental health \n injury or disability; and\n (B) half of the participants in the pilot program \n are veterans who suffer primarily from a physical \n injury or disability.\n (e) Study.--In carrying out the pilot program, the Secretary shall \nconduct a scientifically valid research study of the costs and benefits \nassociated with the use of service dogs for the treatment or \nrehabilitation of veterans with physical or mental injuries or \ndisabilities. The matters studied shall include the following:\n (1) The therapeutic benefits to such veterans, including \n the quality of life benefits reported by the veterans partaking \n in the pilot program.\n (2) The economic benefits of using service dogs for the \n treatment or rehabilitation of such veterans, including--\n (A) savings on health care costs, including savings \n relating to reductions in hospitalization and \n reductions in the use of prescription drugs; and\n (B) productivity and employment gains for the \n veterans.\n (3) The effectiveness of using service dogs to prevent \n suicide.\n (f) Reports.--\n (1) Annual report of the secretary.--After each year of the \n pilot program, the Secretary shall submit to Congress a report \n on the findings of the Secretary with respect to the pilot \n program.\n (2) Final report by the national academy of sciences.--Not \n later than 180 days after the date of the completion of the \n pilot program, the National Academy of Sciences shall submit to \n Congress a report on the results of the pilot program.","summary":"Service Dogs for Veterans Act of 2009 - Directs the Secretary of Veterans Affairs (VA) to commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. Requires related reports to Congress.","title":"A bill to require the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, and for other purposes.","text_len":5328,"sum_len":379} {"bill_id":"111_s3885","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Race to the Top Act of 2010''.\n\nSEC. 2. RACE TO THE TOP.\n\n (a) In General.--Title VI of the Elementary and Secondary Education \nAct of 1965 (20 U.S.C. 7301 et seq.) is amended--\n (1) by redesignating part C as part D;\n (2) by redesignating sections 6301 and 6302 as sections \n 6401 and 6402, respectively; and\n (3) by inserting after part B the following:\n\n ``PART C--RACE TO THE TOP\n\n``SEC. 6301. PURPOSES.\n\n ``The purposes of this part are to--\n ``(1) provide incentives for States and local educational \n agencies to implement comprehensive reforms and innovative \n strategies that are designed to lead to--\n ``(A) significant improvements in outcomes for all \n students, including improvements in student \n achievement, secondary school graduation rates, \n postsecondary education enrollment rates, and rates of \n postsecondary education persistence; and\n ``(B) significant reductions in achievement gaps \n among subgroups of students; and\n ``(2) encourage the broad identification, adoption, use, \n dissemination, replication, and expansion of effective State \n and local policies and practices that lead to significant \n improvement in outcomes for all students, and the elimination \n of those policies and practices that are not effective in \n improving student outcomes.\n\n``SEC. 6302. RESERVATION OF FUNDS.\n\n ``From the amounts made available under section 6308 for a fiscal \nyear, the Secretary may reserve not more than 10 percent to carry out \nactivities related to technical assistance, monitoring, outreach, \ndissemination, and prize awards that support the purposes of this part.\n\n``SEC. 6303. PROGRAM AUTHORIZED.\n\n ``(a) In General.--From the amounts made available under section \n6308 for a fiscal year and not reserved under section 6302, the \nSecretary shall award grants, on a competitive basis, to States or \nlocal educational agencies, or both, in accordance with section \n6304(b), to enable the States or local educational agencies to carry \nout the purposes of this part.\n ``(b) Grant and Subgrant Eligibility Limitations.--\n ``(1) ARRA state incentive grants.--A State that has \n received a grant under section 14006 of division A of the \n American Recovery and Reinvestment Act of 2009 (Public Law 111-\n 5; 123 Stat. 283) may not receive a grant under this part \n during the period of its grant under such section.\n ``(2) Number of grants.--A State or local educational \n agency may not receive more than 1 grant under this part per \n grant period.\n ``(3) Number of subgrants.--A local educational agency may \n receive 1 grant and 1 subgrant under this part for the same \n fiscal year.\n ``(c) Duration of Grants.--\n ``(1) In general.--A grant under this part shall be awarded \n for a period of not more than 4 years.\n ``(2) Continuation of grants.--A State or local educational \n agency that is awarded a grant under this part shall not \n receive grant funds under this part for the second or any \n subsequent year of the grant unless the State or local \n educational agency demonstrates to the Secretary, at such time \n and in such manner as determined by the Secretary, that the \n State or local educational agency, respectively, is--\n ``(A) making progress in implementing the plan \n under section 6304(a)(3) at a rate that the Secretary \n determines will result in the State or agency fully \n implementing such plan during the remainder of the \n grant period; or\n ``(B) making progress against the performance \n measures set forth in section 6305 at a rate that the \n Secretary determines will result in the State or agency \n reaching its targets and achieving the objectives of \n the grant during the remainder of the grant period.\n\n``SEC. 6304. APPLICATIONS.\n\n ``(a) Applications.--Each State or local educational agency that \ndesires to receive a grant under this part shall submit an application \nto the Secretary at such time, in such manner, and containing such \ninformation as the Secretary may reasonably require. At a minimum, each \nsuch application shall include--\n ``(1) documentation of the applicant's record, as \n applicable--\n ``(A) in increasing student achievement, including \n for all subgroups described in section \n 1111(b)(2)(C)(v)(II);\n ``(B) in decreasing achievement gaps, including for \n all subgroups described in section \n 1111(b)(2)(C)(v)(II);\n ``(C) in increasing secondary school graduation \n rates, including for all subgroups described in section \n 1111(b)(2)(C)(v)(II);\n ``(D) in increasing postsecondary education \n enrollment and persistence rates, including for all \n subgroups described in section 1111(b)(2)(C)(v)(II); \n and\n ``(E) with respect to any other performance measure \n described in section 6305 that is not included in \n subparagraphs (A) through (D);\n ``(2) evidence of conditions of innovation and reform that \n the applicant has established and the applicant's proposed plan \n for implementing additional conditions for innovation and \n reform, including--\n ``(A) a description of how the applicant has \n identified and eliminated ineffective practices in the \n past and the applicant's plan for doing so in the \n future;\n ``(B) a description of how the applicant has \n identified and promoted effective practices in the past \n and the applicant's plan for doing so in the future; \n and\n ``(C) steps the applicant has taken and will take \n to eliminate statutory, regulatory, procedural, or \n other barriers and to facilitate the full \n implementation of the proposed plan under this \n paragraph;\n ``(3) a comprehensive and coherent plan for using funds \n under this part, and other Federal, State, and local funds, to \n improve the applicant's performance on the measures described \n in section 6305, consistent with criteria set forth by the \n Secretary, including how the applicant will, if applicable--\n ``(A) improve the effectiveness of teachers and \n school leaders, and promote equity in the distribution \n of effective teachers and school leaders, in order to \n ensure that low-income and minority children are not \n taught by ineffective teachers, and are not in schools \n led by ineffective leaders, at higher rates than other \n children;\n ``(B) strengthen the use of high-quality and timely \n data to improve instructional practices, policies, and \n student outcomes, including teacher evaluations;\n ``(C) implement internationally benchmarked, \n college- and career-ready elementary and secondary \n academic standards, including in the areas of \n assessment, instructional materials, professional \n development, and strategies that translate the \n standards into classroom practice;\n ``(D) turn around the persistently lowest-achieving \n elementary schools and secondary schools served by the \n applicant;\n ``(E) support or coordinate with early learning \n programs for high-need children from birth through \n grade 3 to improve school readiness and ensure that \n students complete grade 3 on track for school success; \n and\n ``(F) create or maintain successful conditions for \n high-performing charter schools and other innovative, \n autonomous public schools;\n ``(4)(A) in the case of an applicant that is a State--\n ``(i) evidence of collaboration between the State, \n its local educational agencies, schools (as \n appropriate), parents, teachers, and other \n stakeholders, in developing the plan described in \n paragraph (3), including evidence of the commitment and \n capacity to implement the plan; and\n ``(ii)(I) the names of the local educational \n agencies the State has selected to participate in \n carrying out the plan; or\n ``(II) a description of how the State will select \n local educational agencies to participate in carrying \n out the plan; or\n ``(B) in the case of an applicant that is a local \n educational agency, evidence of collaboration between the local \n educational agency, schools, parents, teachers, and other \n stakeholders, in developing the plan described in paragraph \n (3), including evidence of the commitment and capacity to \n implement the plan;\n ``(5) the applicant's annual performance measures and \n targets, consistent with the requirements of section 6305; and\n ``(6) a description of the applicant's plan to conduct a \n rigorous evaluation of the effectiveness of activities carried \n out with funds under this part.\n ``(b) Criteria for Evaluating Applications.--\n ``(1) Award basis.--The Secretary shall award grants under \n this part on a competitive basis, based on the quality of the \n applications submitted under subsection (a), including--\n ``(A) each applicant's record in the areas \n described in subsection (a)(1);\n ``(B) each applicant's record of, and commitment \n to, establishing conditions for innovation and reform, \n as described in subsection (a)(2);\n ``(C) the quality and likelihood of success of each \n applicant's plan described in subsection (a)(3) in \n showing improvement in the areas described in \n subsection (a)(1), including each applicant's capacity \n to implement the plan and evidence of collaboration as \n described in subsection (a)(4); and\n ``(D) each applicant's evaluation plan as described \n in subsection (a)(6).\n ``(2) Explanation.--The Secretary shall publish an \n explanation of how the application review process under this \n section will ensure an equitable and objective evaluation based \n on the criteria described in paragraph (1).\n ``(c) Priority.--In awarding grants to local educational agencies \nunder this part, the Secretary shall give priority to--\n ``(1) local educational agencies with the highest numbers \n or percentages of children from families with incomes below the \n poverty line; and\n ``(2) local educational agencies that serve schools \n designated with a school locale code of 41, 42, or 43.\n\n``SEC. 6305. PERFORMANCE MEASURES.\n\n ``Each State and each local educational agency receiving a grant \nunder this part shall establish performance measures and targets, \napproved by the Secretary, for the programs and activities carried out \nunder this part. These measures shall, at a minimum, track the State's \nor local educational agency's progress in--\n ``(1) implementing its plan described in section \n 6304(a)(3); and\n ``(2) improving outcomes for all subgroups described in \n section 1111(b)(2)(C)(v)(II) including, as applicable, by--\n ``(A) increasing student achievement;\n ``(B) decreasing achievement gaps;\n ``(C) increasing secondary school graduation rates;\n ``(D) increasing postsecondary education enrollment \n and persistence rates;\n ``(E)(i) improving the effectiveness of teachers \n and school leaders, increasing the retention of \n effective teachers and school leaders; and\n ``(ii) promoting equity in the distribution of \n effective teachers and school leaders in order to \n ensure that low-income and minority children are not \n taught by ineffective teachers, and are not in schools \n led by ineffective leaders, at higher rates than other \n children; and\n ``(F) making progress on any other measures \n identified by the Secretary.\n\n``SEC. 6306. USES OF FUNDS.\n\n ``(a) Grants to States.--Each State that receives a grant under \nthis part shall use--\n ``(1) not less than 50 percent of the grant funds to make \n subgrants to the local educational agencies in the State that \n participate in the State's plan under section 6304(a)(3), based \n on such local educational agencies' relative shares of funds \n under part A of title I for the most recent year for which \n those data are available; and\n ``(2) not more than 50 percent of the grant funds for any \n purpose included in the State's plan under section 6304(a)(3).\n ``(b) Grants to Local Educational Agencies.--Each local educational \nagency that receives a grant under this part shall use the grant funds \nfor any purpose included in the local educational agency's plan under \nsection 6304(a)(3).\n ``(c) Subgrants to Local Educational Agencies.--Each local \neducational agency that receives a subgrant under this part from a \nState shall use the subgrant funds for any purpose included in the \nState's plan under section 6304(a)(3).\n\n``SEC. 6307. REPORTING.\n\n ``(a) Annual Reports.--A State or local educational agency that \nreceives a grant under this part shall submit to the Secretary, at such \ntime and in such manner as the Secretary may require, an annual report \nincluding--\n ``(1) data on the State's or local educational agency's \n progress in achieving the targets for the performance measures \n established under section 6305;\n ``(2) a description of the challenges the State or agency \n has faced in implementing its program and how it has addressed \n or plans to address those challenges; and\n ``(3) findings from the evaluation plan as described in \n section 6304(a)(6).\n ``(b) Local Reports.--Each local educational agency that receives a \nsubgrant from a State under this part shall submit to the State such \ninformation as the State may require to complete the annual report \nrequired under subsection (a).\n\n``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \n$1,350,000,000 for fiscal year 2011 and such sums as may be necessary \nfor each of the 5 succeeding fiscal years.''.\n (b) Conforming Amendments.--The table of contents for the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) \nis amended--\n (1) by striking the items relating to part C of title VI; \n and\n (2) by inserting after the item relating to section 6234 \n the following:\n\n ``Part C--Race to the Top\n\n``Sec. 6301. Purposes.\n``Sec. 6302. Reservation of funds.\n``Sec. 6303. Program authorized.\n``Sec. 6304. Applications.\n``Sec. 6305. Performance measures.\n``Sec. 6306. Uses of funds.\n``Sec. 6307. Reporting.\n``Sec. 6308. Authorization of appropriations.\n ``Part D--General Provisions\n\n``Sec. 6401. Prohibition against Federal mandates, direction, or \n control.\n``Sec. 6402. Rule of construction on equalized spending.''.","summary":"Race to the Top Act of 2010 - Directs the Secretary of Education to award competitive grants to states and local educational agencies (LEAs) to implement reforms and innovations designed to improve educational outcomes significantly for all students and reduce achievement gaps significantly among specified student subgroups. Requires each grant applicant to have a comprehensive and coherent plan for doing so that includes, if applicable: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution, (2) strengthening the use of data to improve education. (3) implementing internationally benchmarked, college- and career-ready elementary and secondary academic standards, (4) turning around its lowest-performing schools. (5) supporting, or coordinating with, early learning programs for high-need children from birth through third grade. And (6) creating or maintaining successful conditions for high-performing charter schools and other innovative, autonomous public schools. Requires each grantee to establish performance measures that track its progress in implementing its plan, and improving educational outcomes for students and specified student subgroups. Gives grant priority to LEAs with the highest number or percentages of impoverished children and those that serve rural schools. Requires each state grantee to use at least 50 of its grant for subgrants to LEAs that participate in its plan. Allows LEAs to receive a grant and subgrant for the same fiscal year.","title":"A bill to provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to significant improvement in outcomes for all students and significant reductions in achievement gaps among subgroups of students, and for other purposes.","text_len":16668,"sum_len":1525} {"bill_id":"113_hr1796","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Troop Talent Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) According to the Bureau of Labor Statistics, the \n unemployment rate for recent veterans of military operations in \n Iraq and Afghanistan was 9.4 percent in February 2013, compared \n with 7.6 percent in February 2012.\n (2) With the unemployment rate among such veterans higher \n than the national average and the number of veterans receiving \n unemployment benefits doubling since 2002, there is a \n significant need to assist members of the Armed Forces as they \n transition to the civilian workforce.\n (3) In order to remain competitive in the civilian \n employment market, members of the Armed Forces and veterans \n require information about how their military skill sets \n translate to the requirements of the civilian workforce. \n Members of the Armed Forces currently receive insufficient or \n inadequate information during their training for military \n occupational specialties on translating skills obtained during \n such training to civilian occupations and credentials.\n (4) In addition, there is a need for enhanced access by \n accredited credentialing agencies to military training \n curricula in order to facilitate and enhance the correlation \n between military training and applicable civilian credentialing \n courses and exams.\n (5) The information technology sector is one of the fastest \n growing industries, with tremendous job growth and demand for \n talented, qualified individuals. The information technology \n sector has an unemployment rate of 3.5 percent according to a \n Bureau of Labor Statistics report from February 2013.\n (6) The Bureau of Labor Statistics projects a need for \n 110,000 computer support specialists over the next decade. \n Currently, the size of the information technology workforce in \n the Armed Forces is about 160,000 members.\n\nSEC. 3. ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND TRAINING FOR \n MILITARY OCCUPATIONAL SPECIALTIES WITH SKILLS AND \n TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND \n LICENSES.\n\n (a) Improvement of Information Available to Members of the Armed \nForces About Correlation.--\n (1) In general.--The Secretaries of the military \n departments, in coordination with the Under Secretary of \n Defense for Personnel and Readiness, shall, to the maximum \n extent practicable, make information on civilian credentialing \n opportunities available to members of the Armed Forces \n beginning with, and at every stage of, training of members for \n military occupational specialties, in order to permit members--\n (A) to evaluate the extent to which such training \n correlates with the skills and training required in \n connection with various civilian certifications and \n licenses; and\n (B) to assess the suitability of such training for \n obtaining or pursuing such civilian certifications and \n licenses.\n (2) Coordination with transition goals plans success \n program.--Information shall be made available under paragraph \n (1) in a manner consistent with the Transition Goals Plans \n Success (GPS) program.\n (3) Types of information.--The information made available \n under paragraph (1) shall include, but not be limited to, the \n following:\n (A) Information on the civilian occupational \n equivalents of military occupational specialties (MOS).\n (B) Information on civilian license or \n certification requirements, including examination \n requirements.\n (C) Information on the availability and \n opportunities for use of educational benefits available \n to members of the Armed Forces, as appropriate, \n corresponding training, or continuing education that \n leads to a certification exam in order to provide a \n pathway to credentialing opportunities.\n (4) Use and adaptation of certain programs.--In making \n information available under paragraph (1), the Secretaries of \n the military departments may use and adapt appropriate portions \n of the Credentialing Opportunities On-Line (COOL) programs of \n the Army and the Navy and the Credentialing and Educational \n Research Tool (CERT) of the Air Force.\n (b) Improvement of Access of Accredited Civilian Credentialing \nAgencies to Military Training Content.--\n (1) In general.--The Secretaries of the military \n departments, in coordination with the Under Secretary of \n Defense for Personnel and Readiness, shall, to the maximum \n extent practicable consistent with national security \n requirements, make available to accredited civilian \n credentialing agencies that issue certifications or licenses, \n upon request of such agencies, information such as military \n course training curricula, syllabi, and materials, levels of \n military advancement attained, and professional skills \n developed.\n (2) Central repository.--The actions taken pursuant to \n paragraph (1) may include the establishment of a central \n repository of information on training and training materials \n provided members in connection with military occupational \n specialties that is readily accessible by accredited civilian \n credentialing agencies described in that paragraph in order to \n meet requests described in that paragraph.\n\nSEC. 4. USE OF EDUCATIONAL ASSISTANCE FOR COURSES IN PURSUIT OF \n CIVILIAN CERTIFICATIONS OR LICENSES.\n\n (a) Courses Under Department of Defense Educational Assistance \nAuthorities.--\n (1) In general.--Chapter 101 of title 10, United States \n Code, is amended by inserting after section 2015 the following \n new section:\n``Sec. 2015a. Civilian certifications and licenses: use of educational \n assistance for courses in pursuit of civilian \n certifications or licenses\n ``(a) Limitation on Use of Assistance.--In the case of a member of \nthe armed forces who is enrolled in an educational institution in a \nState for purposes of obtaining employment in an occupation or \nprofession requiring the approval or licensure of a board or agency of \nthat State, educational assistance specified in subsection (b) may be \nused by the member for a course offered by the educational institution \nthat is a required element of the curriculum to be satisfied to obtain \nemployment in that occupation or profession only if--\n ``(1) the successful completion of the curriculum fully \n qualifies a student to--\n ``(A) take any examination required for entry into \n the occupation or profession, including satisfying any \n State or professionally mandated programmatic and \n specialized accreditation requirements; and\n ``(B) be certified or licensed or meet any other \n academically related pre-conditions that are required \n for entry into the occupation or profession; and\n ``(2) in the case of State licensing or professionally \n mandated requirements for entry into the occupation or \n profession that require specialized accreditation, the \n curriculum meets the requirement for specialized accreditation \n through its accreditation or pre-accreditation by an \n accrediting agency or association recognized by the Secretary \n of Education or designated by that State as a reliable \n authority as to the quality or training offered by the \n institution in that program.\n ``(b) Covered Educational Assistance.--The educational assistance \nspecified in this subsection is educational assistance as follows:\n ``(1) Educational assistance for members of the armed \n forces under section 2007 and 2015 of this title.\n ``(2) Educational assistance for persons enlisting for \n active duty under chapter 106A of this title.\n ``(3) Educational assistance for members of the armed \n forces held as captives under section 2183 of this title.\n ``(4) Educational assistance for members of the Selected \n Reserve under chapter 1606 of this title.\n ``(5) Educational assistance for reserve component members \n supporting contingency operations and other operations under \n chapter 1607 of this title.\n ``(6) Such other educational assistance provided members of \n the armed forces under the laws administered by the Secretary \n of Defense or the Secretaries of the military departments as \n the Secretary of Defense shall designate for purposes of this \n section.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 101 of such title is amended by inserting \n after the item relating to section 2015 the following new item:\n\n``2015a. Civilian certifications and licenses: use of educational \n assistance for courses in pursuit of \n civilian certifications or licenses.''.\n (b) Courses Under Educational Assistance Authorities Administered \nby Secretary of Veterans Affairs.--Section 3679 of title 38, United \nStates Code, is amended by adding at the end the following new \nsubsection:\n ``(c) A course offered by an educational institution in a State \nthat is a required element of the curriculum to be satisfied to obtain \nemployment in an occupation or profession requiring the approval or \nlicensure of a board or agency of that State may be treated as approved \nfor purposes of this chapter by an individual seeking to obtain \nemployment in that occupation or profession only if--\n ``(1) the successful completion of the curriculum fully \n qualifies a student to--\n ``(A) take any examination required for entry into \n the occupation or profession, including satisfying any \n State or professionally mandated programmatic and \n specialized accreditation requirements; and\n ``(B) be certified or licensed or meet any other \n academically related pre-conditions that are required \n for entry into the occupation or profession; and\n ``(2) in the case of State licensing or professionally \n mandated requirements for entry into the occupation or \n profession that require specialized accreditation, the \n curriculum meets the requirement for specialized accreditation \n through its accreditation or pre-accreditation by an \n accrediting agency or association recognized by the Secretary \n of Education or designated by that State as a reliable \n authority as to the quality or training offered by the \n institution in that program.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on August 1, 2014, and shall apply with respect to courses \npursued on or after that date.\n\nSEC. 5. COVERAGE OF MILITARY OCCUPATIONAL SPECIALTIES RELATING TO \n MILITARY INFORMATION TECHNOLOGY UNDER PILOT PROGRAM ON \n RECEIPT OF CIVILIAN CREDENTIALS FOR SKILLS REQUIRED FOR \n MILITARY OCCUPATIONAL SPECIALTIES.\n\n The military occupational specialties designated for purposes of \nthe pilot program on receipt of civilian credentials for skills \nrequired for military occupational specialties under section 558 of the \nNational Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 \nnote) shall include military occupational specialties relating to the \nmilitary information technology workforce.\n\nSEC. 6. REVIVAL OF PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY \n COMMITTEE OF THE DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--The Secretary of Veterans Affairs shall \nreestablish the Professional Certification and Licensure Advisory \nCommittee of the Department of Veterans Affairs provided for under \nsection 3689(e) of title 38, United States Code. The Committee shall be \nreestablished in accordance with the provisions of such section \n3689(e), as amended by subsection (b), and shall carry out its duties \nin conformance with, and subject to the requirements of such section, \nas so amended.\n (b) Modification of Authorities and Requirements.--Section 3689(e) \nof title 38, United States Code, is amended--\n (1) in paragraph (2)--\n (A) by inserting ``(A)'' after ``(2)''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) In addition to the duties under subparagraph (A), the \nCommittee shall--\n ``(i) develop, in coordination with other appropriate \n agencies, guidance to be used by the Department or other \n entities to perform periodic audits of licensure and \n certification programs to ensure the highest quality education \n is available to veterans and members of the Armed Forces; and\n ``(ii) develop, in coordination with the Department of \n Defense, appropriate certification agencies, and other \n appropriate non-profit organizations, a plan to improve \n outreach to veterans and members of the Armed Forces on the \n importance of licensing and certification, as well as \n educational benefits available to them.'';\n (2) in paragraph (3)(B), by striking ``and the Secretary of \n Defense'' and inserting ``the Secretary of Defense, and the \n Secretary of Education'';\n (3) in paragraph (4), by striking subparagraph (B) and \n inserting the following new subparagraph:\n ``(B) The Committee shall meet with such frequency as the Committee \ndetermines appropriate.''; and\n (4) in paragraph (5), by striking ``December 31, 2006'' and \n inserting ``December 31, 2019''.\n (c) Report.--Not later than 180 days after the date of the \nreestablishment of the Professional Certification and Licensure \nAdvisory Committee of the Department of Veterans Affairs pursuant to \nthis section, the Committee shall submit to Congress a report setting \nforth an assessment of the feasibility and advisability of permitting \nmembers of the Armed Forces to use educational assistance to which they \nare entitled under chapters 30 and 33 of title 38, United States Code, \nto obtain or pursue civilian employment certifications or licenses \nwithout the use of such assistance for that purpose being charged \nagainst the entitlement of such members to such educational assistance.","summary":"Troop Talent Act of 2013 - Directs the Secretaries of the military departments, to the maximum extent practicable, to make information on civilian credentialing opportunities available to members of the Armed Forces (members) beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members. Allows members or veterans to use educational assistance provided through the Department of Defense (DOD) or the Department of Veterans Affairs (VA) in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and be certified or licensed to meet any other academic conditions required for entry into that occupation or profession. Requires the military occupational specialties designated for a military skills to civilian credentialing pilot program under the National Defense Authorization Act for Fiscal Year 2012 to include those specialties relating to the military information technology workforce. Directs the VA Secretary to reestablish the Professional Certification and Licensure Advisory Committee . Provides additional Committee duties, including the development of: (1) guidance for audits of licensure and certification programs in order to ensure high-quality education to members and veterans, and (2) a plan to improve outreach to members and veterans on the importance of licensing and certification and the availability of educational benefits.","title":"Troop Talent Act of 2013","text_len":15352,"sum_len":2151} {"bill_id":"103_hr1987","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayer's Right To View Act of \n1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The Federal Communications Commission predicts a \n diminished role for broadcast television and a more prominent \n role for cable television including pay-per-view.\n (2) Roughly 18,800,000 American homes are equipped to \n receive pay-per-view and this number is expected to increase to \n 35,900,000 by 1996. Overall pay-per-view revenue is expected to \n reach $1,100,000,000 by 1996.\n (3) There is a growing trend toward making events available \n exclusively on pay-per-view.\n (4) As this trend develops, whether the consumer has access \n to these events will be determined by the ability of the \n consumer to pay.\n (5) Professional sports leagues are beginning to see pay-\n per-view as a new revenue source to keep pace with escalating \n player salaries.\n (6) As a result, some media analysts predict that several \n of broadcast television's premier sports attractions eventually \n will migrate to pay-per-view.\n (7) Limited access to viewing such events as the ``Super \n Bowl'' or ``World Series'' would deprive citizens of the \n ability to enjoy these events which are inherent in the \n American tradition.\n (8) The majority of facilities in which such events are \n held are funded through taxpayer money.\n (9) It is unfair that taxpayers, who subsidize the \n construction and maintenance of many of these facilities, \n should have to pay an additional pay-per-view charge for \n viewing these events.\n (10) Nonprofit and public organizations including public \n and private educational institutions and their athletic \n organizations are exempt from the corporate income tax.\n (11) Furthermore, corporations can deduct their donations \n to college sporting events as charitable contributions.\n (12) Tax exempt status is granted to these nonprofit and \n public organizations by the Federal Government and it is unfair \n to allow those who use this status to engage in pay-per-view \n telecasting--thus forcing taxpayers to pay again.\n (13) It is unfair that taxpayers, who subsidize the \n construction and maintenance of many of these facilities, \n should have to pay an additional pay-per-view charge for \n viewing these events.\n (14) Therefore, Congress should ensure that all taxpaying \n citizens have free access to events that are sponsored by \n organizations with nonprofit tax exempt status and those events \n held in taxpayer subsidized facilities.\n\nSEC. 3. PAY-PER-VIEW CHARGES PROHIBITED.\n\n Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is \namended by adding at the end thereof the following new subsection:\n ``(i)(1) Notwithstanding any other provision of this title, a cable \noperator may not assess or collect any separate charges for any video \nprogramming of a sporting, theatrical, or other entertainment event if \nthat event is performed at a facility constructed, renovated, or \nmaintained with tax revenues or by an organization that receives public \nfinancial support.\n ``(2) The Commission and local franchising authorities are \nauthorized to make determinations concerning the applicability of the \nprohibition contained in paragraph (1). In making such determinations--\n ``(A) a facility shall be considered to have been \n constructed, maintained, or renovated with tax revenues if--\n ``(i) tax exempt financing was used to construct, \n maintain, or renovate the facility,\n ``(ii) the facility was constructed on land donated \n by a government, or leased by a government at below \n market rates, or\n ``(iii) public infrastructure or public service for \n the facility are provided by the government at below \n market rates, with the exception of police, fire, and \n rescue services;\n ``(B) an event is performed by a nonprofit or public \n organization that receives tax subsidies if the event is \n sponsored by, or includes the participation of a team that is a \n part of, an organization--\n ``(i) that is exempt from Federal income taxes \n under section 501 of the Internal Revenue Code of 1986, \n or\n ``(ii) that is exempt from Federal income taxes \n under section 115 of the Internal Revenue Code of 1986, \n and to which donations are tax deductible under such \n Code; and\n ``(C) notwithstanding subparagraph (A), a facility shall \n not be considered to have been constructed with tax revenues if \n the government has been reimbursed, through the proceeds of a \n sale of the facility or otherwise, for the total amount of the \n tax revenues that were used to construct the facility, as \n determined under subparagraph (A), but in this section shall be \n construed to exempt facilities from this subsection if the \n facility is receiving current financial support.\n ``(3) The Commission shall prescribe, by regulation, procedures for \nthe administration of this subsection.''.","summary":"Taxpayer's Right to View Act of 1993 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization.","title":"Taxpayer's Right to View Act of 1993","text_len":5633,"sum_len":894} {"bill_id":"103_hr1677","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Full-Service Schools Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Congressional Findings.--The Congress finds that--\n (1) one in five children entering school in 1993 lives in \n poverty;\n (2) students from poor families are three times more likely \n to drop out of school than students from more advantaged homes;\n (3) nearly 40 percent of the females who drop out of school \n do so as a result of pregnancy;\n (4) in the past two decades, the percentage of women with \n children under the age of six who are working or seeking \n employment outside the home has nearly doubled;\n (5) more than 8 million children in this country have no \n form of health insurance which may lead to untreated \n conditions, unnecessary diseases and death;\n (6) more than 70 percent of the children who need \n psychiatric treatment do not receive services;\n (7) children who are victims of child abuse, poverty, \n malnutrition, lack of health care, alcohol and drug abuse are \n at risk for failure;\n (8) without health and social intervention, at-risk \n children are often unable to improve academic performance; and\n (9) to obtain improvements in the educational system, an \n integrated system which includes comprehensive health and human \n services for at-risk children and their families is necessary.\n (b) Purpose.--It is the purpose of this Act--\n (1) to integrate service delivery systems to provide \n comprehensive public education, training, health and human \n services to at-risk children at locations accessible to and \n utilized by such children and their families;\n (2) to achieve systemic reform at the Federal, State, and \n local levels and to restructure service delivery at the local \n level; and\n (3) to improve the educational performance of at-risk \n children.\n\nSEC. 3. ESTABLISHMENT OF FEDERAL INTERAGENCY WORK GROUP.\n\n (a) In General.--There is established the Federal Interagency Work \nGroup composed of the Secretaries of Education, Health and Human \nServices, and Labor and funded equally by the departments of the \nrepresentative Secretaries to facilitate collaboration between agencies \nand to mobilize Federal policy to achieve systemic reform to meet the \ncomprehensive needs of at-risk children and to provide grants to the \nStates and local entities to develop similar programs at the State and \nlocal levels.\n (b) Duties.--The Group shall--\n (1) assist Federal, State, and local agencies in \n developing, implementing, and evaluating service integration \n programs under this Act;\n (2) to the greatest extent possible, coordinate agency \n resources and funding allowing for the consolidation of Federal \n categorical programs, when requests for such waivers are made;\n (3) establish and maintain a national data base that \n includes the collaborative efforts of the Government, the \n States, local entities, and private entities to serve at-risk \n children;\n (4) make grants to the States to develop an interagency \n work group and fund local efforts to integrate services for at-\n risk youth and their families;\n (5) determine the amounts of each grant by considering how \n many local project sites the State interagency group can \n reasonably target with not more than $200,000 allocated to a \n site; and\n (6) waive certain Federal requirements that impede \n collaborative efforts if such waivers will result in a more \n efficient use of resources.\n (c) Fiscal Agent.--The Secretary of Education shall act as the \nfiscal agent for the Group.\n\nSEC. 4. STATE ELIGIBILITY.\n\n To be eligible to receive a grant under this Act, a State shall--\n (1) establish a State interagency work group between, at a \n minimum, the departments at the State level that provide public \n education and health and human services;\n (2) develop preservice and inservice training that assists \n staff members to understand the communities in which they work \n and the full array of resources that are available to help at-\n risk children and their families;\n (3) require equal financial or in-kind contributions by the \n departments referred to in paragraph (1);\n (4) state as a goal the integration of existing funding \n sources from the departments represented;\n (5) designate a fiscal agent to be responsible for the \n receipt and disbursement of Federal funds;\n (6) provide assurances that successful programs will be \n used as models and that information regarding program successes \n are disseminated throughout the State; and\n (7) assist local entities in developing interagency \n agreements at the local level.\n\nSEC. 5. LOCAL ELIGIBILITY.\n\n To be eligible to receive a grant under this Act, a local entity \nshall--\n (1) develop a community planning process that includes--\n (A) parents and family members;\n (B) local school officials;\n (C) officials from institutions of higher education \n if such institutions are located in the local area;\n (D) public and private nonprofit organizations that \n provide health care, education, employment training \n services, child protective services or other human \n services; and\n (E) teachers selected by a local teacher \n association;\n (2) develop mandatory services as recommended by the \n planning group under paragraph (1);\n (3) if located in a city with a population of 100,000 or \n more individuals--\n (A) establish a local interagency work group \n between a local educational agency eligible for funds \n for chapter 1 of title I of the Elementary and \n Secondary Education Act of 1965 and, at a minimum, 1 \n nonprofit community-based organization which has \n provided social services to low-income, at-risk youth \n and their families; and\n (B) include parents in the operation and governance \n of the local interagency work group;\n (4) require equal financial or in-kind contributions of the \n local educational agency and entities represented;\n (5) give an assurance that such entity shall make a \n reasonable effort to initiate structural reform; and\n (6) designate a fiscal agent to receive funds from the \n State under this Act.\n\nSEC. 6. APPLICATIONS.\n\n (a) State Applications.--(1) A State that desires to receive a \ngrant under this Act shall submit an application to the Federal \nInteragency Work Group in such form and containing such information as \nthe Federal Interagency Work Group may reasonably require and which \nincludes--\n (A) assurances that the eligibility requirements under \n section 4 are or shall be met; and\n (B) program goals and objectives, including an \n approximation of use for the number of project sites per State.\n (2) The Federal Interagency Work Group shall give priority \nconsideration to States that include in the State interagency work \ngroup, nonprofit agencies, and private profit agencies that have worked \nwith disadvantaged children and their families.\n (b) Local Applications.--A local entity that desires to receive a \ngrant under this Act shall submit an application to the State \ninteragency work group in such form and containing such information as \nthe State may reasonably require and which includes--\n (A) assurances that the eligibility requirements under \n section 5 are or shall be met; and\n (B) specifications regarding the targeted areas, goals of \n the community, interim progress goals and the intended \n outcomes.\n\nSEC. 7. GRANT LIMITATIONS.\n\n (a) State Limitation.--A State interagency group that receives \nfunds under this Act may not use more than $100,000 or not more than 3 \npercent, whichever is less, of such funds for administrative and staff \ncosts to establish an interagency work group. The balance of such funds \nshall be distributed to local entities.\n (b) Local Limitation.--A local educational agency that receives \nfunds under this Act may not use more than 5 percent of such funds for \nadministrative and staff costs to establish an interagency work group \nand not more than $200,000 per site.\n\nSEC. 8. PROGRAM ACTIVITIES.\n\n (a) Improvement Programs.--A local entity that receives funds under \nthis Act shall develop or expand programs that are designed to improve \neducational performance by--\n (1) reducing school dropout rates;\n (2) reducing teenage pregnancy rates;\n (3) increasing the number of students who return to school \n after dropping out;\n (4) improving access to primary health care for families \n and their children;\n (5) increasing adult\/family literacy; or\n (6) reducing the number of children in unsupervised \n settings before and after school, holidays, and during the \n summer months.\n (b) Optional Activities.--A local entity that receives funds under \nthis Act may develop a variety of programs to serve the comprehensive \nneeds of students, including--\n (1) job training and employment services;\n (2) homework assistance and after school programs;\n (3) mental health and family counseling;\n (4) nutrition education and services;\n (5) health care services;\n (6) bilingual education programs;\n (7) parental training programs; and\n (8) adult literacy programs.\n\nSEC. 9. REPORTS.\n\n (a) Local Reports.--A local interagency work group that receives \nfunds under this Act shall submit to the State interagency work group \nan annual report that describes and evaluates the services provided, \nincluding costs and benefits of services, including progress toward \nmeeting goals and revised objectives.\n (b) State Reports.--A State interagency work group that receives \nfunds under this Act shall submit to the Federal Interagency Work Group \na report not later than the end of the second calendar year during \nwhich funds are received that evaluates the effectiveness of local \nprograms in developing and maintaining integrated services for at-risk \nchildren.\n (c) Federal Reports.--The Federal Interagency Work Group that \nreceives funds under this Act shall submit to the Congress a report not \nlater than three years after the date of the enactment of this Act that \nincludes a detailed analysis of student outcomes (such as dropout \nrates, academic performance, and usage of drug and alcohol) and systems \noutcomes (effectiveness of cooperative agreements between education and \nservice agencies).\n\nSEC. 10. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``at-risk children'' means individuals from \n birth to 18 years of age, who attend a public school where 75 \n percent or more (for elementary) and 60 percent or more (for \n secondary) of the students are eligible for the free and \n reduced price lunch program, or are Native Americans attending \n schools where the student population is composed of a majority \n of Native Americans;\n (2) the term ``local entity'' means a local educational \n agency and a community-based organization as defined in section \n 1471 of the Elementary and Secondary Education Act of 1965; and\n (3) the term ``State'' has the same meaning as such term in \n section 1471 of the Elementary and Secondary Education Act of \n 1965.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $72,000,000 for each of the \nfiscal years 1994, 1995, and 1996 to carry out the programs under this \nAct.","summary":"Full-Service Schools Act - Establishes the Federal Interagency Work Group to facilitate collaboration among Federal agencies and make grants to States and local entities in order to integrate education, health, and social and human services for at-risk children and their families. Provides that the Group shall be composed of the Secretaries of Education, Health and Human Services, and Labor and funded equally by their departments. Sets forth Group duties and State and local eligibility requirements. Sets forth application requirements and grant limitations. Requires local programs to include activities to improve educational performance by: (1) reducing school dropout and teen pregnancy rates and the number of children in unsupervised settings. (2) increasing adultfamily literacy and the number of students returning to school after dropping out. And (3) improving access to primary health care for families and their children. Allows local programs to develop a variety of programs to serve the comprehensive needs of students, including specified optional activities. Authorizes appropriations.","title":"Full-Service Schools Act","text_len":12472,"sum_len":1107} {"bill_id":"111_s3149","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wall Street Compensation Reform Act \nof 2010''.\n\nSEC. 2. EXECUTIVE COMPENSATION PAID BY SYSTEMICALLY SIGNIFICANT \n FINANCIAL INSTITUTIONS.\n\n (a) In General.--Subsection (m) of section 162 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(6) Special rule for application to systemically \n significant financial institutions.--\n ``(A) In general.--In the case of an employer which \n is a systemically significant financial institution, \n this subsection shall apply with the following \n modifications:\n ``(i) Non-public entities.--Paragraph (1) \n shall be applied by substituting `employer' for \n `publicly held corporation'.\n ``(ii) Covered employees.--Paragraph (3) \n shall be applied--\n ``(I) by substituting `such \n employee is among the 25 highest \n compensated employees' for so much of \n subparagraph (B) as precedes `for the \n taxable year (other than the chief \n executive officer).', and\n ``(II) in addition to the \n individuals described in such paragraph \n (including the individuals described in \n subclause (I) of this clause), by \n treating any employee whose actions \n have a material impact on the risk \n exposure of the taxpayer as a covered \n employee.\n Any employee whose applicable employee \n remuneration for the taxable year exceeds \n $1,000,000 is presumed to engage in actions \n which have a material impact on the risk \n exposure of the taxpayer unless the taxpayer \n submits an information return to the Secretary \n which describes the role and responsibilities \n of such employee and the reason such employee \n should not be considered to have a material \n impact on the risk exposure of the taxpayer. \n Such return shall be deemed to have been \n approved unless the Secretary notifies the \n taxpayer in writing within 90 days of the \n submission of such return. For purposes of this \n clause, the term `employee' includes employees \n within the meaning of section 401(c)(1).\n ``(iii) Remuneration payable on commission \n basis.--Subparagraph (B) of paragraph (4) shall \n not apply.\n ``(iv) Deferred deduction executive \n remuneration.--In the case of any deferred \n deduction executive remuneration (as determined \n under rules similar to the rules of paragraph \n (5)(F), if executive remuneration for purposes \n of such paragraph included remuneration of \n covered employees as defined in clause (ii) of \n this paragraph, and if the year in which the \n applicable services were performed were treated \n as an applicable taxable year), rules similar \n to the rules of paragraph (5)(A)(ii) shall \n apply by substituting `$1,000,000' for \n `$500,000'.\n ``(B) Systemically significant financial \n institution.--\n ``(i) In general.--For purposes of this \n paragraph, the term `systemically significant \n financial institution' means an entity which \n engages primarily in activities which are \n financial in nature (as determined under \n section 4(k) of the Bank Holding Company Act of \n 1956), and which--\n ``(I) owns or controls assets \n greater than $25,000,000,000, or\n ``(II) owns or controls assets \n greater than $10,000,000,000 and \n maintains a ratio of debt to equity \n which is greater than 20 to 1.\n ``(ii) Classification.--A taxpayer which is \n a systemically significant financial \n institution for any taxable year shall be a \n systemically significant financial institution \n for purposes of all subsequent taxable years.\n ``(C) Special rules for performance-based \n compensation.--Remuneration payable solely on account \n of the attainment of one or more performance goals \n (hereinafter `performance-based remuneration') which is \n paid by any systemically significant financial \n institution to any covered employee (as determined \n under subparagraph (A)(ii)) shall not be excluded under \n subparagraph (C) of paragraph (4) from treatment as \n applicable employee remuneration unless the following \n requirements are met:\n ``(i) Performance-based compensation \n pool.--The amount and allocation of the \n taxpayer's performance-based remuneration for \n covered employees are determined by the \n compensation committee required under paragraph \n (4)(C)(i) by taking into account--\n ``(I) the cost and quantity of \n capital required to support the risks \n taken by the taxpayer in the conduct of \n the financial activities of the \n taxpayer,\n ``(II) the cost and quantity of the \n liquidity risk assumed by the taxpayer \n in the conduct of such activities, and\n ``(III) the timing and likelihood \n of potential future revenues from such \n activities.\n ``(ii) Material terms.--The material terms \n of performance-based remuneration paid to \n covered employees specify that--\n ``(I) not less than 50 percent of \n such remuneration must vest no earlier \n than 5 years after the date of payment,\n ``(II) the proportion of such \n remuneration payable under vesting \n arrangements must increase based on the \n level of seniority or responsibility of \n the employee,\n ``(III) such remuneration payable \n under vesting arrangements must vest on \n a basis no faster than pro rata over \n the specified number of years of such \n arrangement (not to be less than 5),\n ``(IV) such remuneration is \n contingent on a formal agreement \n between the taxpayer and the employee \n which forbids the use of personal \n hedging strategies, remuneration-\n related insurance, or liability-related \n insurance which undermines the risk \n alignment effects of this paragraph,\n ``(V) in the case of an employer \n which is a publicly held corporation, \n not less than 50 percent of such \n remuneration must be in the form of \n stock in the employer, and\n ``(VI) in the case of remuneration \n paid to a chief executive officer or \n chief financial officer (if such chief \n financial officer is a covered \n employee) of a publicly held \n corporation, such remuneration must be \n subject to substantial forfeiture \n requirements in the event the taxpayer \n is required to prepare an accounting \n restatement due to material \n noncompliance, as a result of \n misconduct, with any financial \n reporting requirement under Federal \n securities laws.\n For purposes of this clause, the date on which \n remuneration is deemed to have vested is the \n first date on which such remuneration is not \n subject to a substantial risk of forfeiture \n (within the meaning of section 409A(d)(4)).\n ``(D) Special rule for performance-based \n compensation paid by non-public entities.--In the case \n of a systemically significant financial institution \n which is not a publicly held corporation, in addition \n to the requirements of subparagraph (C), paragraph \n (4)(C) shall be applied by substituting the following \n for clauses (i) through (iii) thereof:\n ``(i) the taxpayer commissions an annual, \n external review of its compensation policies \n and practices, including an examination and \n analysis of the taxpayer's compliance with the \n requirements of this subsection, and\n ``(ii) the taxpayer obtains certification \n from an unrelated third party commissioned to \n evaluated compensation practices that \n performance goals and other material terms \n under which the remuneration is to be paid are \n satisfied before any payment of such \n remuneration is made.'.\n For purposes of the preceding sentence, all persons \n treated as a single employer under subsection (a) or \n (b) of section 52 or subsection (b) or (c) of section \n 414 shall be treated as related taxpayers.\n ``(E) Coordination with rules for employers \n participating in the troubled assets relief program.--\n In the case of any systemically significant financial \n institution to which paragraph (5) applies for any \n taxable year, this paragraph shall not apply to any \n payment of remuneration to which such paragraph \n applies.\n ``(F) Regulatory authority.--Not later than 180 \n days after the date of the enactment of this paragraph, \n the Secretary shall prescribe such guidance, rules, or \n regulations of general applicability as are necessary \n to carry out the purposes of this paragraph, \n including--\n ``(i) the method for valuing assets for \n purposes of subparagraph (B)(i),\n ``(ii) the method for calculating the ratio \n described in subparagraph (B)(i)(II),\n ``(iii) criteria for use in determining \n whether the actions of an employee have a \n material impact on the risk exposure of the \n taxpayer, and for determining what constitutes \n a substantial forfeiture requirement with \n respect to executive remuneration,\n ``(iv) criteria for determining whether a \n remuneration agreement constitutes a hedging \n strategy, and\n ``(v) anti-abuse rules to prevent the \n avoidance of the purposes of this paragraph, \n including by use of independent contractors.\n ``(G) Application of paragraph.--This paragraph \n shall apply--\n ``(i) in the case of an entity which is a \n systemically significant financial institution \n in calendar 2010, to remuneration for services \n performed in calendar years beginning after \n 2010, and\n ``(ii) in the case of an entity which \n becomes a systemically significant financial \n institution in a calender year after 2010, to \n remuneration for services performed in calendar \n years beginning with the second calendar year \n after the year in which such entity first \n becomes a systemically significant financial \n institution.''.\n (b) Conforming Amendment.--Subparagraph (G) of section 162(m)(5) of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing: ``Paragraph (6) shall not apply to any payment of \nremuneration to which this paragraph applies.''.\n (c) Report on Performance-Based Compensation Paid by Publicly Held \nCorporations.--\n (1) In general.--Each systemically significant financial \n institution which is a publicly held corporation shall submit \n to the Chairman of the Securities and Exchange Commission, and \n shall make publicly available, an annual report on compensation \n policies and practices which describes--\n (A) the process used to develop and modify such \n institution's compensation policies, including the \n composition and the mandate of such institution's \n compensation committee,\n (B) the actions taken by such institution to comply \n with section 162(m)(6) of the Internal Revenue Code of \n 1986,\n (C) any additional actions taken to implement the \n Principles for Sound Compensation Practices adopted by \n the Financial Stability Board established by the G-20 \n Finance Ministers and Central Bank Governors,\n (D) the most important design characteristics of \n such institution's compensation policies, including \n criteria used for performance measurement and risk \n adjustment, the linkage between pay and performance, \n vesting policy and criteria, and the parameters used \n for allocating cash versus other forms of remuneration,\n (E) aggregate quantitative information on \n remuneration paid by such institution, differentiating \n between remuneration paid to senior executive officers \n and to employees whose actions have a material impact \n on the risk exposure of such institution, which \n indicates the amounts of remuneration for the financial \n year (divided into fixed and variable remuneration) and \n the number of employees to which such remuneration was \n paid, and\n (F) the amount of remuneration paid by such \n institution during the financial year preceding the \n year of the report which was nondeductible by reason of \n section 162(m) of such Code.\n (2) Timing of report.--The report required under paragraph \n (1) shall be submitted beginning in calendar year 2011 (or, if \n later, the calendar year after the year in which an entity \n first becomes a systemically significant financial institution \n which is a publicly held corporation), at such time during such \n year and each subsequent year as the Chairman of the Securities \n and Exchange Commission shall specify.\n (3) Definitions.--Any term used in this subsection which is \n also used in section 162(m)(6) of the Internal Revenue Code of \n 1986 shall have the same meaning as when used in such section.\n (d) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to remuneration for services performed after December 31, \n2010.","summary":"Wall Street Compensation Reform Act of 2010 - Amends the Internal Revenue Code to restrict the tax deduction for compensation paid to highly-paid employees of systemically significant financial institutions. Requires such compensation to be performance-based, to vest no earlier than five years after the date of payment, and to consist of 50 employer stock. Prohibits such highly-paid employees from using personal hedging strategies and remuneration or liability-related insurance and requires forfeiture of compensation paid to a chief executive or financial officer of such an institution if an accounting restatement is required due to material noncompliance, as a result of misconduct, with any federal financial reporting requirement. Defines a systemically significant financial institution as an entity which engages primarily in financial activities and which: (1) owns or controls assets greater than $25 billion. Or (2) owns or controls assets greater than $10 billion and maintains a ratio of debt to equity greater than 20 to 1. Requires each systemically significant financial institution which is a publicly held corporation to make an annual report on its compensation policies and practices to the Securities and Exchange Commission (SEC) and make such report publicly available.","title":"A bill to amend the Internal Revenue Code of 1986 to limit certain executive compensation paid by systemically significant financial institutions.","text_len":18226,"sum_len":1297} {"bill_id":"110_hr1007","text":"SECTION 1. FINDINGS.\n\n The Congress finds the following:\n (1) The goal of the Marine Mammal Protection Act of 1972 \n (16 U.S.C. 1361 et seq.) is to maintain marine mammal species \n and population stocks at their optimum sustainable populations.\n (2) If the annual removals of individuals of a species or \n population stock of marine mammals do not exceed the potential \n biological removal level, the species or population stock will \n be maintained at, or reach, its optimum sustainable population.\n (3) Requiring that commercial fishermen achieve a zero \n mortality rate goal for a species or population stock of marine \n mammals that is equal to or less than 10 percent of the \n potential biological removal of a given marine mammal species \n or population stock is unnecessary to achieve that Act's goal \n of maintaining species and stocks at their optimum sustainable \n population and penalizes commercial fishermen.\n (4) The Congress intended that the zero mortality rate goal \n under that Act would be met if fishermen use the best \n technology that is economically and technologically feasible.\n (5) Species and populations stocks of marine mammal that \n have reached historic levels are impeding the recovery of \n endangered species and threatened species through predation or \n competition in the ecosystem.\n (6) The fundamental principles of ecosystem management are \n defeated by giving one species a preeminent position in the \n ecosystem through, imposition of a zero mortality rate goal.\n (7) All persons that interact with marine mammals should \n seek to reduce and eliminate marine mammal injuries and \n mortalities through the use of the best equipment and \n techniques that are economically and technologically feasible.\n\nSEC. 2. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE OF MARINE \n MAMMALS IN COMMERCIAL FISHING.\n\n (a) Repeal of Zero Mortality Goal.--Section 118 of the Marine \nMammal Protection Act of 1972 (16 U.S.C. 1387) is amended by striking \nsubsection (b), and by redesignating subsections (c) through (l) in \norder as subsections (b) through (k).\n (b) Conforming Amendments.--Such Act is further amended as follows:\n (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking \n the third sentence.\n (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. \n 1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and \n inserting ``subsection (c)''.\n (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking \n ``section 118(f)(1)'' and inserting ``section 118(e)(1)''.\n (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in \n subparagraph (D) by striking ``, and an analysis'' and all that \n follows through the end of the subparagraph and inserting a \n semicolon.\n (5) In section 118 (16 U.S.C. 1387) by striking \n ``subsection (c)(1)(A) (i)'' each place it appears and \n inserting ``subsection (b)(1)(A)(i)''.\n (6) In section 118 (16 U.S.C. 1387) by striking \n ``subsection (c)(1)(A)(i)'' each place it appears and inserting \n ``subsection (b)(1)(A)(i)''.\n (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking \n the last sentence.\n (8) In section 118(b), as redesignated by subsection (a) of \n this section 16 U.S.C. 1387(c)(1)(B)), by striking ``subsection \n (e)'' each place it appears and inserting ``subsection (d)''.\n (9) In section 118(c)(1)(B), as redesignated by subsection \n (a) of this section (16 U.S.C. 1387(d)(1)(B)), by striking \n ``subsection (e)'' and inserting ``subsection (d)''.\n (10) In section 118(e)(9)(D), as redesignated by subsection \n (a) of this section (16 U.S.C. 1387(f)(9)(D)), by striking \n ``subsection (d)'' and inserting ``subsection (c)''.\n (11) In section 118(f)(1), as redesignated by subsection \n (a) of this section (16 U.S.C. 1387(g)(1)), by striking \n ``subsection (c)(1)(A)(iii)'' each place it appears and \n inserting ``subsection (b)(1)(A)(iii)''.\n (12) In section 118(g), as redesignated by subsection (a) \n of this section (16 U.S.C. 1387(h)), by striking ``subsection \n (c)'' and inserting ``subsection (b)''.\n (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by \n striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''.\n (c) Modification of Goal of Take Reduction Plans.--Section \n118(e)(2) of such Act, as redesignated by subsection (a) of this \nsection (16 U.S.C. 1387(f)(2)), is amended by striking the last \nsentence and inserting the following: ``The long-term goal of the plan \nshall be to reduce, within 5 years after its implementation, the \nincidental mortality or serious injury of marine mammals incidentally \ntaken in the course of fishing operations taking into account the \neconomics of the fishery, the availability of existing technology, and \nexisting State or regional fishery management plans.''.","summary":"Amends the Marine Mammal Protection Act of 1972 to repeal the long-term goal of reducing to zero the incidental mortality and serious injury of marine mammals in commercial fishing operations. Makes reduction of such incidental mortality and serious injury the long-term goal.","title":"To amend the Marine Mammal Protection Act of 1972 to repeal the long-term goal for reducing to zero the incidental mortality and serious injury of marine mammals in commercial fishing operations, and to modify the goal of take reduction plans for reducing such takings.","text_len":5261,"sum_len":276} {"bill_id":"113_hr3137","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom and Mobility in Consumer \nBanking Act''.\n\nSEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS.\n\n The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended--\n (1) by striking section 262 and inserting the following:\n\n``SEC. 262. FINDINGS AND PURPOSES.\n\n ``(a) Findings.--Congress finds that--\n ``(1) economic stability would be enhanced, competition \n between depository institutions would be improved, and the \n ability of the consumer to make informed decisions regarding \n deposit accounts, and to verify accounts, would be strengthened \n if there were uniformity in the disclosure of terms and \n conditions on which interest is paid and fees are assessed in \n connection with such accounts; and\n ``(2) consumers lack meaningful choices for managing \n household funds because--\n ``(A) despite dissatisfaction with rising account \n fees at some depository institutions, consumers often \n find it too difficult to move their funds to new \n deposit accounts;\n ``(B) the process of moving funds to new deposit \n accounts often involves several steps and substantial \n time to complete, and it is not always clear what the \n proper procedures are for closing an account at a given \n depository institution;\n ``(C) depository institutions have no obligation \n and may lack the technical capabilities to help \n consumers transfer automated deposits or debits from \n old accounts to new accounts, causing delays and \n confusion;\n ``(D) depository institutions may charge fees to \n close an account and withdraw available funds, which \n can impede banking mobility for low-income consumers; \n and\n ``(E) some depository institutions have engaged in \n the practice of reopening closed accounts without the \n consent of the consumer.\n ``(b) Purposes.--The purposes of this Act are--\n ``(1) to allow consumers to make a meaningful comparison \n between competing claims of depository institutions with regard \n to deposit accounts by requiring the clear and uniform \n disclosure of--\n ``(A) the rates of interest that are payable on \n deposit accounts by depository institutions; and\n ``(B) the fees that are assessable against deposit \n accounts; and\n ``(2) to protect rights of consumers by providing a \n framework establishing the rights, liabilities, and \n responsibilities of depository institutions and consumers in \n closing procedures for certain types of consumer deposit \n accounts.'';\n (2) by inserting after section 268 the following:\n\n``SEC. 268A. CLOSURE OF COVERED ACCOUNTS.\n\n ``(a) In General.--A depository institution may not--\n ``(1) prohibit a consumer from closing a covered account at \n the depository institution, regardless of whether the balance \n in the covered account is positive, zero, or negative;\n ``(2) charge any fee to close a covered account; or\n ``(3) reopen a covered account that a consumer has \n requested to be closed in accordance with this section to apply \n subsequent debits, whether preauthorized or otherwise, or for \n any other reason, unless the consumer expressly requests that \n the covered account be reopened.\n ``(b) Disclosures Required.--A depository institution shall provide \nto any consumer that opens a covered account at the depository \ninstitution a description of the policies and procedures that the \ndepository institution has in place to close a covered account--\n ``(1) at the time the consumer opens the covered account;\n ``(2) at any time, upon request of a consumer; and\n ``(3) on the website of the depository institution.\n ``(c) Regulations Relating to Closure of Covered Accounts.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this section, the Bureau, after consultation with \n each agency referred to in section 270(a), and public notice \n and opportunity for comment, shall prescribe final regulations \n to carry out this section.\n ``(2) Content.--The regulations required by this subsection \n shall--\n ``(A) require that a depository institution close a \n covered account not later than 5 business days after \n the date on which a consumer makes a request to close \n the covered account, except that the closure of the \n covered account may be delayed--\n ``(i) if a Federal or State law enforcement \n agency notifies the depository institution that \n the closure will interfere with a criminal \n investigation; or\n ``(ii) pursuant to any other exception that \n the Bureau determines is appropriate;\n ``(B) prescribe the methods by which a consumer may \n make a request to a depository institution to close a \n covered account, which, except as provided in \n subparagraph (C), shall include requests made in \n person, over the phone, or by other electronic or \n remote means;\n ``(C) allow a depository institution to require \n that a request by a consumer to close a covered account \n shall be made in person if the covered account contains \n an amount on deposit exceeding a certain monetary \n threshold, as determined and established by the Bureau;\n ``(D) establish procedures that require a \n depository institution to positively verify the \n identity of a consumer requesting to close a covered \n account before the depository institution closes the \n covered account, including procedures for a depository \n institution to follow if the depository institution is \n unable to verify the identity of the consumer;\n ``(E) establish procedures for a depository \n institution to provide a consumer with the funds \n contained in a covered account that the consumer has \n requested to close, which shall include procedures--\n ``(i) that ensure that the consumer whose \n identity has been positively verified by the \n depository institution has access to any funds \n available for withdrawal at the time the \n consumer makes a request to the depository \n institution to close the covered account;\n ``(ii) that establish a reasonable amount \n of time for the depository institution to remit \n to the consumer the remainder of any funds in \n the closed covered account, including funds \n that are subject to a dispute between the \n depository institution and the consumer; and\n ``(iii) that allow a consumer whose \n identity has been positively verified by the \n depository institution to receive available \n funds from a covered account that the consumer \n has requested to close in the form of--\n ``(I) a cashier's check provided to \n the consumer;\n ``(II) an electronic funds transfer \n to an account designated by the \n consumer;\n ``(III) any means offered by the \n depository institution that the \n consumer has requested; or\n ``(IV) any means that the Bureau \n determines appropriate;\n ``(F) except as provided under subparagraph (G), \n prohibit a depository institution from imposing any fee \n or charge on a covered account at the depository \n institution after the consumer has requested to close \n the covered account;\n ``(G) allow a depository institution to assess an \n overdraft fee after a consumer has requested to close a \n covered account, if such overdraft fee is associated \n with a transaction that was initiated by the consumer \n before the date on which the consumer made a request to \n the depository institution to close the covered \n account;\n ``(H) not limit the ability of a consumer to earn \n interest that a covered account had accrued before the \n date on which the consumer made a request to the \n depository institution to close the covered account;\n ``(I) establish procedures for a depository \n institution and a consumer to follow if a personal \n check written by the consumer is deposited by a person \n other than the consumer after the date on which the \n consumer has closed a covered account;\n ``(J) require the depository institution to provide \n the consumer with certain information before the \n depository institution closes a covered account of the \n consumer, including--\n ``(i) a list of any preauthorized \n transactions relating to the covered account \n that occurred within the 60 days preceding the \n date on which the consumer made a request to \n the depository institution to close the covered \n account;\n ``(ii) a list of any preauthorized \n transactions scheduled to occur in the 60 days \n after the date on which the consumer made a \n request to the depository institution to close \n the covered account;\n ``(iii) a list of any direct deposits into \n the covered account in the 60 days preceding \n the date on which the consumer made a request \n to the depository institution to close the \n covered account; and\n ``(iv) any other information that the \n Bureau determines is necessary to provide \n consumers with adequate information about \n potential preauthorized activity relating to \n the covered account;\n ``(K) prohibit a depository institution from \n reporting an outstanding balance or any other adverse \n information with respect to a covered account at the \n depository institution to any consumer reporting \n agency, as defined in section 603(f) of the Fair Credit \n Reporting Act (15 U.S.C. 1681a), if--\n ``(i) at the time the covered account is \n closed, the covered account has a negative \n balance resulting solely from any fee assessed \n by the depository institution; and\n ``(ii) that information could be used to \n adversely affect the ability of the consumer to \n open an account at another depository \n institution;\n ``(L) establish the terms under which a depository \n institution may report that a covered account had a \n negative balance at the time of the closure of the \n covered account to a consumer reporting agency, as \n defined in section 603(f) of the Fair Credit Reporting \n Act (15 U.S.C. 1681a), if the depository institution--\n ``(i) notifies the consumer of the negative \n balance; and\n ``(ii) provides the consumer with a \n reasonable period of time, as determined and \n established by the Bureau, to repay the \n negative balance; and\n ``(M) include any other provisions, guidance, or \n exceptions that the Bureau determines are appropriate \n in order to facilitate the purposes of this section.\n ``(d) Study; Rulemaking.--\n ``(1) Study.--\n ``(A) In general.--The Comptroller General of the \n United States shall conduct a study to determine \n additional barriers that could limit the ability of a \n consumer to close a covered account.\n ``(B) Contents of study.--The study required under \n paragraph (1) shall include, at a minimum, analysis \n of--\n ``(i) potential reforms to payment clearing \n and settlement systems that would enable \n depository institutions to notify consumers if \n a preauthorized recurring debit is directed to \n a covered account after the covered account has \n been closed;\n ``(ii) potential reforms to payment \n clearing and settlement systems that would \n automatically transfer any direct deposit, \n preauthorized transaction, or other similar \n scheduled activity relating to a closed covered \n account to another account designated by the \n consumer;\n ``(iii) other factors, including \n technological barriers, in payment clearing and \n scheduling systems that limit the ability of \n consumers to efficiently close a covered \n account and transfer funds to another account; \n and\n ``(iv) recommendations to Congress and the \n appropriate Federal banking agencies, including \n steps that the appropriate Federal banking \n agencies could take through rulemaking to \n facilitate the automatic transfer of funds from \n a closed covered account to another account \n designated by the consumer.\n ``(C) Report.--Not later than 1 year after the date \n of enactment of this subsection, the Comptroller \n General shall issue a report to the Congress and the \n Bureau of Consumer Financial Protection on the study \n required under subparagraph (A), including any findings \n and determinations made by the Comptroller General in \n carrying out such study.\n ``(2) Rulemaking.--Not later than 1 year after the Bureau \n receives the report issued under paragraph (1)(C) the Bureau \n shall--\n ``(A) determine whether regulations should be \n issued to remove barriers that limit the ability of a \n consumer to close a covered account; and\n ``(B) if the Bureau determines that such \n regulations should be issued, the Bureau shall, in \n consultation with each agency referred to in section \n 270(a), and after public notice and opportunity for \n comment, issue such regulations.''; and\n (3) in section 274, by adding at the end the following:\n ``(9) Available for withdrawal.--The term `available for \n withdrawal', with respect to funds deposited, means available \n for all uses generally permitted to the customer for actually \n and finally collected funds under the account agreement with \n the depository institution or policies of the depository \n institution, such as for payment of checks drawn on the \n account, certification of checks drawn on the account, \n electronic payments, withdrawals by cash, and transfers between \n accounts.\n ``(10) Covered account.--The term `covered account' means \n any checking, savings, or any other account that the Bureau may \n include, by regulation.''.","summary":"Freedom and Mobility in Consumer Banking Act - Amends the Truth in Savings Act to prohibit depository institutions from: (1) prohibiting a consumer from closing a covered account , regardless of whether the balance is positive, zero, or negative, (2) charging any fee to close such account. Or (3) reopening such an account to apply subsequent debits after a consumer has requested the account to be closed, unless the consumer requests that the account be reopened. Requires depository institutions to provide consumers with a description of the policies and procedures in place to close such accounts at the time the account is opened, upon request, and on the websites of such institutions. Directs the CFPB to prescribe regulations relating to the closure of such accounts, including: (1) allowing consumers to receive available funds from a closed account in the form of a cashier's check, electronic funds transfer, or any other means offered by the institution or determined appropriate by the CFPB. (2) requiring depository institutions to provide consumers with certain information regarding any preauthorized transactions or direct deposits associated with an account before it is closed. (3) prohibiting a depository institution from reporting adverse information regarding such account to any consumer reporting agency if, at the time the account is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution. And (4) establishing the terms under which a depository institution may report to a consumer reporting agency that an account had a negative closing balance, provided that the institution notifies the consumer and provides a reasonable period for repayment of the balance. Directs the Comptroller General (GAO) to report to Congress and the CFPB regarding additional barriers that could limit the ability of a consumer to close a covered account. Requires the CFPB, after receiving such report, to determine whether regulations should be issued to remove such barriers.","title":"Freedom and Mobility in Consumer Banking Act","text_len":17690,"sum_len":2044} {"bill_id":"115_hr1634","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education and Training for Health \nAct of 2017'' or the ``EAT for Health Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) According to 2013 national health expenditure data, \n United States health care spending increased 3.6 percent to \n reach $2.9 trillion, or $9,255 per person, and accounted for \n 17.4 percent of Gross Domestic Product (GDP).\n (2) According to the Institute of Medicine, in 2012 \n estimates of health care costs attributed over 75 percent of \n national health expenditures to treatment for chronic diseases.\n (3) A March 2003 report from the World Health Organization \n concluded diet was a major cause of chronic diseases.\n (4) Seven out of 10 deaths among people in the United \n States each year are from chronic diseases such as \n cardiovascular disease, obesity, diabetes, and cancer.\n (5) According to the Centers for Disease Control and \n Prevention, in 2013 heart disease was the leading cause of \n death for American adults. Approximately 600,000 American \n adults die each year from cardiovascular disease. Coronary \n heart disease alone costs American taxpayers $108.9 billion \n each year.\n (6) Research has shown that following a healthful diet can \n not only reduce symptoms related to cardiovascular disease but \n can also actually reverse damage done to the arteries.\n (7) According to the Journal of the American Medical \n Association, two-thirds of adults in the United States are \n currently overweight, and half of those overweight individuals \n are obese. One in three children are overweight, and one-fifth \n of children are obese. The United States spends about $147 to \n $210 billion a year on obesity related diseases, including type \n 2 diabetes, hypertension, heart disease, and arthritis.\n (8) An estimated 29.1 million people in the United States \n have diabetes. Another 86 million American adults have \n prediabetes. The Centers for Disease Control and Prevention \n predicts that one in three children born in 2000 will develop \n diabetes at some point in their lives. Total estimated costs of \n diagnosed diabetes have increased 41 percent, to $245 billion \n in 2012 from $174 billion in 2007.\n (9) According to the American Cancer Society, there will be \n an estimated 1,658,370 new cancer cases diagnosed and 589,430 \n cancer deaths in the United States in 2015. That is equivalent \n to about 1,620 deaths per day and accounts for nearly 1 of \n every 4 deaths. The Agency for Healthcare Research and Quality \n (AHRQ) estimates that the direct medical costs for cancer in \n the United States in 2011 were $88.7 billion.\n (10) According to the Journal of the American College of \n Nutrition, in 2008 physicians felt inadequately trained to \n provide proper nutrition advice. Ninety-four percent felt \n nutrition counseling should be included during primary care \n visits, but only 14 percent felt adequately trained to provide \n such counseling.\n (11) A 1985 National Academy of Sciences report recommended \n that all medical schools require at least 25 contact hours of \n nutrition education. According to a 2009 national survey of \n medical colleges published in Academic Medicine, only 38 \n percent of medical schools met these minimum standards by \n requiring 25 hours of nutrition education as part of their \n general curricula in 2004. By 2010, that number had shrunk to \n 27 percent. In addition, 30 percent of United States medical \n schools required a dedicated nutrition course in 2004. Most \n recently, only 25 percent of such schools required such a \n course in 2010.\n (12) According to the Journal of Nutrition in Clinical \n Practice in 2010, more than half of graduating medical students \n felt their nutrition education was insufficient.\n (13) Recognizing the importance of nutrition, Healthy \n People 2020--the Federal Government's framework for a healthier \n Nation--includes a goal (NWS-6) to increase the proportion of \n physician office visits that include counseling or education \n related to nutrition or weight. According to Healthy People \n 2020, only 13.8 percent of physician office visits included \n counseling about nutrition or diet (2010 latest year \n available).\n (14) According to Mission: Readiness, one in four Americans \n cannot serve in the military due to weight. For those serving, \n the military discharged 4,300 active-duty personnel due to \n weight problems in 2012.\n (15) According to the Journal of American Health Promotion, \n the military spends well over $1 billion a year to treat \n weight-related health problems such as heart disease and \n diabetes through its TRICARE health insurance for active duty \n personnel, reservists, retirees and their families.\n (16) According to the Centers for Disease Control and \n Prevention, American Indian or Alaska Native adults are 60 \n percent more likely to be obese and over twice as likely as to \n have diabetes compared to White adults.\n (17) According to the Centers for Disease Control and \n Prevention, American Indian or Alaska Native adults have the \n highest rate of diabetes among all minority groups at 15.9 \n percent.\n\nSEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL \n AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE \n FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING \n MEDICAL EDUCATION ON NUTRITION.\n\n (a) Guidelines.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nissue guidelines to Federal agencies for developing procedures and \nrequirements to ensure that every primary care health professional \nemployed full-time for such agencies have continuing education courses \nrelating to nutrition (as described in subsection (c)).\n (b) Biannual Reports.--Not later than 18 months after the date of \nthe enactment of this Act and each subsequent year, the head of each \nFederal agency that employs full-time primary care health professionals \nshall submit to Congress a report attesting, in a form and manner \nspecified by the Secretary of Health and Human Services, to the extent \nto which the agency has adopted and encouraged the guidelines issued \nunder subsection (a) with respect to such professionals employed by \nsuch agency during any portion of the previous year. If the agency, \nwith respect to such previous year, did not fully adopt and encourage \nsuch guidelines with respect to such professionals, the head of the \nagency shall include in the report for the year the percentage of such \nprofessionals employed by such agency to furnish primary care services \nwho completed continuing education courses relating to nutrition (as \ndescribed in subsection (c)).\n (c) Continuing Education Relating to Nutrition.--For purposes of \nsubsections (a) and (b), continuing education courses relating to \nnutrition shall include at least content on the role of nutrition in \nthe prevention, management, and, as possible, reversal of obesity, \ncardiovascular disease, diabetes, or cancer.\n (d) Definitions.--For purposes of this Act:\n (1) Continuing education.--The term ``continuing \n education'' is defined as courses that meet requirements for \n Continuing Medical Education (CME) or Continuing Education (CE) \n by medical or nurse practitioner professional organizations or \n certified accrediting bodies.\n (2) Nurse practitioner.--The term ``nurse practitioner'' \n has the meaning given such term in section 1861(aa)(5) of the \n Social Security Act (42 U.S.C. 1395x(aa)(5)).\n (3) Physician.--The term ``physician'' has the meaning \n given such term in section 1861(r)(1) of the Social Security \n Act (42 U.S.C. 1395x(r)(1)).\n (4) Primary care health professional.--The term ``primary \n care health professional'' means a physician or nurse \n practitioner who furnishes primary care services.\n (5) Primary care services.--The term ``primary care \n services'' has the meaning given such term in section \n 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), \n but shall include such services furnished by a nurse \n practitioner as would otherwise be included if furnished by a \n physician.","summary":"Education and Training for Health Act of 2017 or the EAT for Health Act of 2017 This bill directs the Department of Health and Human Services to issue guidelines to federal agencies to ensure that federal, full time primary care health professionals have continuing education relating to nutrition. Agencies must annually report information including the extent to which they have adopted and encouraged the guidelines. The continuing education must: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer. And (2) meet requirements for continuing medical education or continuing education by medical or nurse practitioner professional organizations or certified accrediting bodies.","title":"Education and Training for Health Act of 2017","text_len":9037,"sum_len":772} {"bill_id":"103_hr1815","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Recreational Hunting Safety and \nPreservation Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) recreational hunting, when carried out pursuant to law \n (as implemented by the regulations of Federal and State \n wildlife management agencies) is a necessary and beneficial \n element in the proper conservation and management of healthy, \n abundant, and biologically diverse wildlife resources;\n (2) recreational hunters (because of a generally \n demonstrated concern with the conservation of wildlife \n resources and preservation of habitat necessary for the \n breeding and maintenance of healthy wildlife populations, and \n through a familiarity with the resources gained from experience \n in the field) are a valuable asset in ensuring enlightened \n public input into decisions regarding management and \n maintenance programs for wildlife resources and habitat;\n (3)(A) recreational hunting supports industries highly \n significant to the national economy through sales in interstate \n commerce of sporting goods; and\n (B) the Federal excise taxes imposed on the sales provide a \n major source of funding for vital programs of wildlife \n conservation and management;\n (4) various persons are engaging in (and have announced an \n intent to continue to engage in) a variety of disruptive \n activities with the premeditated purpose of preventing and \n interfering with the conduct of lawful recreational hunting on \n Federal lands, which activities--\n (A) place both recreational hunters and the \n disruptive persons in imminent jeopardy of grave \n physical injury or death;\n (B) disrupt the peaceful, lawful, and prudent \n conduct of wildlife population and habitat management \n programs by Federal and State wildlife management \n agencies; and\n (C) ultimately may alter the planned program \n objectives, resulting in--\n (i) undesirable patterns of activity within \n populations of wildlife;\n (ii) the endangerment of the future \n viability of wildlife species; and\n (iii) damage to habitat values;\n (5) Federal lands comprise important wildlife habitat \n resources that--\n (A) support many large, diverse, and vital \n populations of wildlife; and\n (B) offer significant opportunities for legal \n recreational hunting as an important management tool to \n ensure the future viability of the wildlife \n populations;\n (6) it is the right of citizens of the United States freely \n to enjoy lawful recreational hunting on Federal lands in \n accordance with regulations promulgated by Federal and State \n wildlife management agencies; and\n (7) in many instances under current law, vagueness and \n ambiguity exist regarding the application of State laws and \n enforcement activities relating to--\n (A) the safety of hunters; and\n (B) the legal rights of recreational hunters to \n participate peacefully in lawful hunts on Federal \n lands.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) Federal lands.--The term ``Federal lands'' means--\n (A) national forests;\n (B) public lands;\n (C) national parks; and\n (D) wildlife refuges.\n (2) Lawful hunt.--The term ``lawful hunt'' means an \n occasion when an individual is engaged in the taking or \n harvesting (or attempted taking or harvesting) through a legal \n means and during a specified legal season of a wildlife or \n fish, on Federal lands, which activity--\n (A)(i) is authorized by or licensed under the law \n of the State in which it takes place; or\n (ii) is regulated by game or fishing seasons \n established by the State in which it takes place;\n (B) is not prohibited by a law of the United \n States; and\n (C) does not infringe upon a right of an owner of \n private property.\n (3) National forest.--The term ``national forest'' means \n lands included in the National Forest System (as defined in \n section 11(a) of the Forest and Rangeland Renewable Resources \n Planning Act of 1974 (16 U.S.C. 1609(a))).\n (4) National park.--The term ``national park'' means lands \n and waters included in the national park system (as defined in \n section 2(a) of the Act entitled ``An Act to facilitate the \n management of the National Park System and miscellaneous areas \n administered in connection with that system, and for other \n purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).\n (5) Public lands.--The term ``public lands'' has the same \n meaning as is provided in section 103(e) of the Federal Land \n Policy and Management Act of 1976 (43 U.S.C. 1702(e)).\n (6) Secretary.--The term ``Secretary'' means--\n (A) the Secretary of Agriculture with respect to \n national forests; and\n (B) the Secretary of the Interior with respect to--\n (i) public lands;\n (ii) national parks; and\n (iii) wildlife refuges.\n (7) Wildlife refuge.--The term ``wildlife refuge'' means \n lands and waters included in the National Wildlife Refuge \n System (as established by section 4 of the National Wildlife \n Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).\n\nSEC. 4. OBSTRUCTION OF A LAWFUL HUNT.\n\n (a) Violation.--It is unlawful for a person knowingly and with the \nintent of obstructing, impeding, or interfering with a lawful hunt by \nan individual to--\n (1) obstruct, impede, or otherwise interfere with a lawful \n hunt by an individual;\n (2) scare, herd, harass, decoy, or otherwise engage in \n activities designed to affect wildlife on Federal lands;\n (3) engage in activities that prevent or impede the \n reasonable and usual means of access by those individuals who \n intend to participate in a lawful hunt, whether the activities \n occur on Federal lands or upon a public or private road, \n highway, path, trail, or other normal route of access to \n Federal lands;\n (4) take or abuse property, equipment, or hunting dogs \n being used in conjunction with a lawful hunt; or\n (5) enter onto Federal lands, travel in interstate \n commerce, use the United States mails or an instrumentality of \n interstate telephonic or electronic communications, or \n transport or cause to be transported in interstate commerce a \n material or item, to further--\n (A) a scheme or effort to obstruct, impede, or \n otherwise interfere with a lawful hunt; or\n (B) the efforts of another person to obstruct, \n impede, or interfere with a lawful hunt.\n (b) Multiple Violations.--The Secretary may consider participation \nby a person in more than one of the activities described in this \nsection to constitute multiple violations.\n\nSEC. 5. CIVIL PENALTIES.\n\n (a) In General.--A person who engages in an activity described in \nsection 4 shall be assessed a civil penalty of not less than $500, and \nnot more than $5,000, for each violation.\n (b) Violation Involving Force or Violence.--Upon a determination by \na court that the activity involved the use of force or violence, or the \nthreatened use of force or violence, against the person or property of \nanother person, a person who engages in an activity described in \nsection 4 shall be assessed a civil penalty of not less than $1,000, \nand not more than $10,000, for each violation.\n (c) Relationship to Other Penalties.--The penalties established by \nthis section shall be in addition to other criminal or civil penalties \nthat may be levied against the person as a result of an activity in \nviolation of section 4.\n (d) Procedure.--\n (1) Complaints from government agents.--Upon receipt of a \n written complaint from an officer, employee, or agent of the \n Forest Service, Bureau of Land Management, National Park \n Service, United States Fish and Wildlife Service, or other \n Federal agency that a person violated section 4, the Secretary \n shall--\n (A) forward the complaint to the United States \n Attorney for the Federal judicial district in which the \n violation is alleged to have occurred; and\n (B) request the Attorney General of the United \n States to institute a civil action for the imposition \n and collection of the civil penalty specified in \n subsection (a) or (b).\n (2) Complaints from individuals.--Upon receipt of a sworn \n affidavit from an individual and a determination by the \n Secretary that the statement contains sufficient factual data \n to create a reasonable belief that a violation of section 4 has \n occurred, the Secretary shall--\n (A) forward a complaint to the United States \n Attorney for the Federal judicial district in which the \n violation is alleged to have occurred; and\n (B) request the Attorney General of the United \n States to institute a civil action for the imposition \n and collection of the civil penalty specified in \n subsection (a) or (b).\n (e) Use of Penalty Money Collected.--After deduction of costs \nattributable to collection, money collected from penalties shall be--\n (1) deposited into the trust fund established pursuant to \n the Act entitled ``An Act to provide that the United States \n shall aid the States in wildlife-restoration projects, and for \n other purposes'', approved September 2, 1937 (16 U.S.C. 669) \n (commonly known as the ``Pitman-Robertson Wildlife Restoration \n Act''), to support the activities authorized by such Act and \n undertaken by State wildlife management agencies; or\n (2) used in such other manner as the Secretary determines \n will enhance the funding and implementation of--\n (A) the North American Waterfowl Management Plan \n signed by the Secretary of the Interior and the \n Minister of Environment for Canada in May 1986; or\n (B) a similar program that the Secretary determines \n will enhance wildlife management--\n (i) on Federal lands; or\n (ii) on private or State-owned lands when \n the efforts will also provide a benefit to \n wildlife management objectives on Federal \n lands.\n\nSEC. 6. OTHER RELIEF.\n\n (a) Injunctive Relief.--Injunctive relief against a violation of \nsection 4 may be sought by--\n (1) the head of a State agency with jurisdiction over fish \n or wildlife management;\n (2) the Attorney General of the United States; or\n (3) any person who is or would be adversely affected by the \n violation, or a hunting or sportsman's organization to which \n the person belongs.\n (b) Damages and Attorney's Fees.--Any person who is or would be \nadversely affected by a violation of section 4, or a hunting or \nsportsman's organization to which the person belongs, may bring a civil \naction to recover--\n (1) actual and punitive damages; and\n (2) reasonable attorney's fees.\n\nSEC. 7. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.\n\n (a) Law or Ordinance.--This Act is not intended to preempt a State \nlaw or local ordinance that provides for civil or criminal penalties \nfor a person who obstructs or otherwise interferes with a lawful hunt.\n (b) Civil Action.--The bringing of an action pursuant to this Act \nshall not prevent an independent action against a person under a State \nlaw or local ordinance.\n\nSEC. 8. REGULATIONS.\n\n The Secretary may issue such regulations as are necessary to carry \nout this Act.","summary":"Recreational Hunting Safety and Preservation Act of 1993 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. Establishes: (1) civil penalties for such violations, (2) procedures for individual and government agent complaints. And (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.","title":"Recreational Hunting Safety and Preservation Act of 1993","text_len":13024,"sum_len":475} {"bill_id":"113_s1773","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Andrew Prior Act'' or ``Andrew's \nLaw''.\n\nSEC. 2. DISCHARGE OF PRIVATE STUDENT LOANS.\n\n Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is \namended by adding at the end the following:\n ``(12) Discharge of private educational loans in the event \n of the death of the borrower.--\n ``(A) Definitions.--As used in this paragraph--\n ``(i) the term `cosigner'--\n ``(I) means any individual who is \n liable for the obligation of another \n without compensation, regardless of how \n designated in the contract or \n instrument relating to the obligation;\n ``(II) includes any person whose \n signature is requested as a condition \n to grant credit or to forbear on \n collection; and\n ``(III) does not include a spouse \n of an individual referred to in \n subclause (I) whose signature is needed \n to perfect the security interest in the \n loan;\n ``(ii) the term `private educational \n lender' has the same meaning as in section 140;\n ``(iii) the term `private education loan' \n has the same meaning as in section 140; and\n ``(iv) the term `totally and permanently \n disabled' means--\n ``(I) with respect to a person \n other than a veteran, that the person \n is unable to engage in any substantial \n gainful activity because of a medically \n determinable physical or mental \n impairment that--\n ``(aa) can be expected to \n result in death;\n ``(bb) has lasted for a \n continuous period of not less \n than 60 months; or\n ``(cc) can be expected to \n last for a continuous period of \n not less than 60 months; and\n ``(II) in the case of a veteran (as \n that term is defined in section 101 of \n title 38, United States Code), a \n determination from the Secretary of \n Veterans Affairs that--\n ``(aa) such person has a \n service-connected disability or \n service-connected disabilities \n that are 100 percent disabling; \n or\n ``(bb) such person is \n totally disabled, based on an \n Individual Unemployability \n determination by the Secretary \n of Veterans Affairs.\n ``(B) Private educational loans discharged.--In the \n event of the death of a borrower of a private \n educational loan, or if the borrower of a private \n educational loan is totally and permanently disabled, \n neither the estate of the borrower nor any cosigner of \n such private educational loan shall be obligated to \n repay the outstanding principal or interest on the \n loan.\n ``(C) Limitations.--The Bureau--\n ``(i) shall develop such safeguards as may \n be necessary and appropriate to prevent fraud \n and abuse in the discharge of liability under \n this subsection; and\n ``(ii) notwithstanding any other provision \n of this subsection, may promulgate regulations \n to reinstate the obligation of loans discharged \n under this subsection in any case in which the \n Director determines necessary to protect the \n public interest.''.\n\nSEC. 3. REGULATIONS.\n\n The Director of the Bureau of Consumer Financial Protection may \nissue such regulations as may be necessary and appropriate to carry out \nthis Act.","summary":"Andrew Prior Act or Andrew's Law - Amends the Truth in Lending Act to discharge the repayment obligations of the estate of a borrower and any cosigner of a private educational loan if the borrower dies or is totally and permanently disabled. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop necessary and appropriate safeguards to prevent fraud and abuse in the discharge of those obligations. Authorizes the Director to promulgate regulations to reinstate those obligations in any case in which the Director determines that doing so is necessary to protect the public interest.","title":"Andrew's Law","text_len":5149,"sum_len":613} {"bill_id":"106_hr5585","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Independence Act of 2000''.\n\nSEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN.\n\n (a) Strategic Plan.--The Secretary of Energy shall develop, and \ntransmit to the Congress within 1 year after the date of the enactment \nof this Act, a strategic plan to ensure that the United States is \nenergy self-sufficient by the year 2010. The plan shall include \nrecommendations for legislative and regulatory actions needed to \naccomplish that goal.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Energy $20,000,000 for carrying out \nthis section.\n\nSEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM.\n\n (a) Program.--The Secretary of Energy shall establish a program for \nthe acquisition of--\n (1) up to 100 commercially available 200 kilowatt fuel cell \n power plants;\n (2) up to 20 megawatts of power generated from commercially \n available fuel cell power plants; or\n (3) a combination thereof,\nfor use at federally owned or operated facilities. The Secretary shall \nprovide funding for purchase, site engineering, installation, startup, \ntraining, operation, and maintenance costs associated with the \nacquisition of such power plants, along with any other necessary \nassistance.\n (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks \nin power plants acquired, or from which power is acquired, under \nsubsection (a) shall be assembled in the United States.\n (c) Site Selection.--In the selection of federally owned or \noperated facilities as a site for the location of power plants acquired \nunder this section, or as a site to receive power acquired under this \nsection, priority shall be given to sites with 1 or more of the \nfollowing attributes:\n (1) Location (of the Federal facility or the generating \n power plant) in an area classified as a nonattainment area \n under title I of the Clean Air Act.\n (2) Computer or electronic operations that are sensitive to \n power supply disruptions.\n (3) Need for a reliable, uninterrupted power supply.\n (4) Remote location, or other factors requiring off-grid \n power generation.\n (5) Critical manufacturing or other activities that support \n national security efforts.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Energy $140,000,000 for the period \nencompassing fiscal years 2001 through 2003 for carrying out this \nsection.\n\nSEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS.\n\n (a) In General.--\n (1) Establishment.--The President, in coordination with the \n Secretary of Energy, the Secretary of Transportation, the \n Secretary of Defense, and the Secretary of Housing and Urban \n Development, shall establish a program for the demonstration of \n fuel cell proton exchange membrane technology in the areas of \n responsibility of those Secretaries with respect to commercial, \n residential, and transportation applications, including buses. \n Such program shall specifically focus on promoting the \n application of and improved manufacturing production and \n processes for proton exchange membrane fuel cell technology.\n (2) Authorization of appropriations.--For the purpose of \n carrying out this subsection, there are authorized to be \n appropriated $140,000,000 for the period encompassing fiscal \n years 2001 through 2003.\n (b) Bus Demonstration Program.--\n (1) Establishment.--The President, in coordination with the \n Secretary of Energy and the Secretary of Transportation, shall \n establish a comprehensive proton exchange membrane fuel cell \n bus demonstration program to address hydrogen production, \nstorage, and use in transit bus applications. Such program shall cover \nall aspects of the introduction of this new technology, and shall \ninclude the following components:\n (A) Development, installation, and operation of a \n hydrogen delivery system located on-site at transit bus \n terminals.\n (B) Development, installation, and operation of on-\n site storage associated with the hydrogen delivery \n systems as well as storage tank systems incorporated \n into the bus itself.\n (C) Demonstration of use of hydrogen as a \n practical, safe, renewable energy source in a highly \n efficient, zero-emission power system for buses.\n (D) Development of a hydrogen proton exchange \n membrane fuel cell power system that is confirmed and \n verified as being compatible with transit bus \n application requirements.\n (E) Durability testing of the fuel cell bus at a \n national testing facility.\n (F) Identification and implementation of necessary \n codes and standards for the safe use of hydrogen as a \n fuel suitable for bus application, including the fuel \n cell power system and related operational facilities.\n (G) Identification and implementation of \n maintenance and overhaul requirements for hydrogen \n proton exchange membrane fuel cell transit buses.\n (H) Completion of fleet vehicle evaluation program \n by bus operators along normal transit routes, providing \n equipment manufacturers and transit operators with the \n necessary analyses to enable operation of the hydrogen \n proton exchange membrane fuel cell bus under a range of \n operating environments.\n (2) Domestic assembly.--All fuel cell systems and fuel cell \n stacks in power plants acquired, or from which power is \n acquired, under paragraph (1) shall be assembled in the United \n States.\n (3) Authorization of appropriations.--For the purpose of \n carrying out this subsection, there are authorized to be \n appropriated $150,000,000 for the period encompassing fiscal \n years 2001 through 2003.\n\nSEC. 5. FEDERAL VEHICLES.\n\n Each agency of the Federal Government that maintains a fleet of \nmotor vehicles shall develop a plan for a transition of the fleet to \nvehicles powered by fuel cell technology. Each such plan shall include \nimplementation beginning by fiscal year 2005, to be completed by fiscal \nyear 2010. Each plan shall incorporate and build on the results of \ncompleted and ongoing Federal demonstration programs, including the \nprogram established under section 4, and shall include additional \ndemonstration programs and pilot programs as necessary to test or \ninvestigate available technologies and transition procedures.\n\nSEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS.\n\n Any life-cycle cost benefit analysis undertaken by a Federal agency \nwith respect to investments in products, services, construction, and \nother projects shall include an analysis of environmental and power \nreliability factors.\n\nSEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES.\n\n (a) Grant Program.--The Secretary of Energy shall establish a \nprogram for making grants to State or local governments for the use of \nfuel cell technology in meeting their energy requirements, including \nthe use as a source of power for motor vehicles. Each grant made under \nthis section shall require at least a 10 percent matching contribution \nfrom the State or local government recipient.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Energy $110,000,000 for each of the \nfiscal years 2001 through 2005 for carrying out this section.","summary":"Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications within the Secretaries' respective areas. And (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations.","title":"Energy Independence Act of 2000","text_len":8007,"sum_len":810} {"bill_id":"114_hr2499","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Veterans Entrepreneurship Act of \n2015''.\nSEC. 2. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS.\n Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) \nis amended by adding at the end the following:\n ``(G) Guarantee fee waiver for veterans.--\n ``(i) Guarantee fee waiver.--The Administrator may not \n collect a guarantee fee described in paragraph (18) in \n connection with a loan made under this paragraph to a \n veteran or spouse of a veteran on or after October 1, 2015.\n ``(ii) Exception.--If the President's budget for the \n upcoming fiscal year, submitted to Congress pursuant to \n section 1105(a) of title 31, United States Code, includes a \n cost for the program established under this subsection that \n is above zero, the requirements of clause (i) shall not \n apply to loans made during such upcoming fiscal year.\n ``(iii) Definition.--In this subparagraph, the term \n `veteran or spouse of a veteran' means--\n\n ``(I) a veteran, as defined in section 3(q)(4);\n ``(II) an individual who is eligible to participate \n in the Transition Assistance Program established under \n section 1144 of title 10, United States Code;\n ``(III) a member of a reserve component of the \n Armed Forces named in section 10101 of title 10, United \n States Code;\n ``(IV) the spouse of an individual described in \n subclause (I), (II), or (III); or\n ``(V) the surviving spouse (as defined in section \n 101 of title 38, United States Code) of an individual \n described in subclause (I), (II), or (III) who died \n while serving on active duty or as a result of a \n disability that is service-connected (as defined in \n such section).''.\n\nSEC. 3. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE \nSMALL BUSINESS ADMINISTRATION.\n Not later than 180 days after the date of enactment of this Act, \nthe Administrator shall submit to Congress a report assessing the level \nof outreach to and consultation with female veterans regarding access \nto capital by women's business centers (as described in section 29 of \nthe Small Business Act (15 U.S.C. 656)) and Veterans Business Outreach \nCenters (as referred to in section 32 of such Act (15 U.S.C. 657b)).\nSEC. 4. BUSINESS LOANS PROGRAM.\n (a) Section 7(a) Funding Levels.--The third proviso under the \nheading ``business loans program account'' under the heading ``Small \nBusiness Administration'' under title V of division E of the \nConsolidated and Further Continuing Appropriations Act, 2015 (Public \nLaw 113-235; 128 Stat. 2371) is amended by striking ``$18,750,000,000'' \nand inserting ``$23,500,000,000''.\n (b) Loan Limitations.--Section 7(a)(1) of the Small Business Act \n(15 U.S.C. 636(a)(1)) is amended--\n (1) in subparagraph (A)--\n (A) by striking ``No financial assistance'' and inserting \n the following:\n ``(i) In general.--No financial assistance''; and\n (B) by adding at the end the following:\n ``(ii) Liquidity.--On and after October 1, 2015, the \n Administrator may not guarantee a loan under this \n subsection if the lender determines that the borrower is \n unable to obtain credit elsewhere solely because the \n liquidity of the lender depends upon the guaranteed portion \n of the loan being sold on the secondary market.''; and\n (2) by adding at the end the following:\n ``(C) Lending limits of lenders.--On and after October 1, \n 2015, the Administrator may not guarantee a loan under this \n subsection if the sole purpose for requesting the guarantee is \n to allow the lender to exceed the legal lending limit of the \n lender.''.\n (c) Reporting.--\n (1) Definitions.--In this subsection--\n (A) the term ``Administrator'' means the Administrator of \n the Small Business Administration;\n (B) the term ``business loan'' means a loan made or \n guaranteed under section 7(a) of the Small Business Act (15 \n U.S.C. 636(a));\n (C) the term ``cancellation'' means that the Administrator \n approves a proposed business loan, but the prospective borrower \n determines not to take the business loan; and\n (D) the term ``net dollar amount of business loans'' means \n the difference between the total dollar amount of business \n loans and the total dollar amount of cancellations.\n (2) Requirement.--During the 3-year period beginning on the \n date of enactment of this Act, the Administrator shall submit to \n Committee on Small Business and Entrepreneurship and the Committee \n on Appropriations of the Senate and the Committee on Small Business \n and the Committee on Appropriations of the House of Representatives \n a quarterly report regarding the loan programs carried out under \n section 7(a) of the Small Business Act (15 U.S.C. 636(a)), which \n shall include--\n (A) for the fiscal year during which the report is \n submitted and the 3 fiscal years before such fiscal year--\n (i) the weekly total dollar amount of business loans;\n (ii) the weekly total dollar amount of cancellations;\n (iii) the weekly net dollar amount of business loans--\n\n (I) for all business loans; and\n (II) for each category of loan amount described in \n clause (i), (ii), or (iii) of section 7(a)(18) of the \n Small Business Act (15 U.S.C. 636(a)(18));\n\n (B) for the fiscal year during which the report is \n submitted--\n (i) the amount of remaining authority for business \n loans, in dollar amount and as a percentage; and\n (ii) estimates of the date on which the net dollar \n amount of business loans will reach the maximum for such \n business loans based on daily net lending volume and \n extrapolations based on year to date net lending volume, \n quarterly net lending volume, and quarterly growth trends;\n (C) the number of early defaults (as determined by the \n Administrator) during the quarter covered by the report;\n (D) the total amount paid by borrowers in early default \n during the quarter covered by the report, as of the time of \n purchase of the guarantee;\n (E) the number of borrowers in early default that are \n franchisees;\n (F) the total amount of guarantees purchased by the \n Administrator during the quarter covered by the report; and\n (G) a description of the actions the Administrator is \n taking to combat early defaults administratively and any \n legislative action the Administrator recommends to address \n early defaults.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on July 23, 2015. Veterans Entrepreneurship Act of 2015 Amends the Small Business Act to prohibit the Small Business Administration (SBA) from collecting a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or the spouse of a veteran on or after October 1, 2015, except during any upcoming fiscal year for which the President's budget, submitted to Congress, includes a cost for the Program that is above zero. Requires the SBA to assess for Congress the level of outreach to and consultation with female veterans regarding access to capital by women's business centers and Veterans Business Outreach Centers. Amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase the limit from $18.75 billion to $23.5 billion for FY2015 commitments for general business loans for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans. Amends the Small Business Act to prohibit the SBA, starting October 1, 2015, from guaranteeing a loan if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit.","title":"Veterans Entrepreneurship Act of 2015","text_len":7539,"sum_len":1421} {"bill_id":"111_hr3141","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening the Health Care Safety \nNet Act of 2009''.\n\nSEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED \n ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK \n ACCESS GRANTS.\n\n (a) Establishment of DSH Redistribution Pool From Unexpended \nMedicaid DSH Allotments.--Subsection (f) of section 1923 of the Social \nSecurity Act (42 U.S.C. 1396r-4) is amended--\n (1) by redesignating paragraph (7) as paragraph (8); and\n (2) by inserting after paragraph (6) the following new \n paragraph:\n ``(7) DSH redistribution pool from portion of unexpended \n dsh allotments to fund increase in allotments for low dsh \n states and health network access grants.--\n ``(A) Establishment.--There is established a DSH \n redistribution pool in the amount provided under this \n paragraph. Such amount shall be determined by the \n Secretary at the beginning of each fiscal year and the \n Secretary may adjust such amount in subsequent fiscal \n years to take into account errors in estimates made for \n previous fiscal years. The amount in such pool shall be \n available for obligation and expenditure without fiscal \n year limitation.\n ``(B) Addition of unexpended dsh allotments.--At \n the beginning of each fiscal year (beginning with \n fiscal year 2010), there shall be added to the DSH \n redistribution pool an amount equal to the amount by \n which--\n ``(i) the total of the DSH allotments for \n all States for the third preceding fiscal year; \n exceeded\n ``(ii) the total Federal financial \n participation under this title attributable to \n such allotments for such fiscal year.\n ``(C) Reduction for expenditures resulting from \n increased allotments for low dsh states and for health \n network access grants.--At the beginning of each fiscal \n year (beginning with fiscal year 2011), there shall be \n subtracted from the DSH redistribution pool an amount \n equal to the sum of--\n ``(i) the aggregate increase in Federal \n financial participation under this title \n attributable to the amendments made by section \n 2(b) of the Strengthening the Health Care \n Safety Net Act of 2009 for the previous fiscal \n year; and\n ``(ii) the amount obligated on grants under \n subsection (k) for such previous fiscal \n year.''.\n (b) Increase in DSH Allotments for Low DSH States; Qualification of \nLow DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of \nsuch section is amended--\n (1) in subparagraph (B)--\n (A) by striking ``and'' at the end of clause (ii);\n (B) in clause (iii)--\n (i) by striking ``2009'' and inserting \n ``2015'';\n (ii) by inserting ``, subject to \n subparagraph (D),'' after ``shall be''; and\n (iii) by redesignating such clause as \n clause (iv); and\n (C) by inserting after clause (ii) the following \n new clause:\n ``(iii) each succeeding fiscal year before \n fiscal year 2015 shall be, subject to \n subparagraph (D), the DSH allotment for the \n State for the previous fiscal year increased by \n 16 percent; and''; and\n (2) by adding at the end the following new subparagraphs:\n ``(C) Additional states covered for fiscal year \n 2010 and subsequent years.--In the case of a State not \n described in subparagraph (B) in which the total \n expenditures under the State plan (including Federal \n and State shares) for disproportionate share hospital \n adjustments under this section for fiscal year 2005, as \n reported to the Administrator of the Centers for \n Medicare & Medicaid Services as of August 31, 2008, is \n greater than 0 but less than 3 percent of the State's \n total amount of expenditures under the State plan for \n medical assistance during the fiscal year, the DSH \n allotment for the State with respect to--\n ``(i) fiscal year 2010 and any succeeding \n fiscal year before fiscal year 2015 shall be, \n subject to subparagraph (D), the DSH allotment \n for the State for the previous fiscal year \n increased by 16 percent; and\n ``(ii) any subsequent fiscal year shall be, \n subject to subparagraph (D), the DSH allotment \n for the State for the previous fiscal year \n subject to an increase for inflation as \n provided in paragraph (3)(A).\n ``(D) Limitation on increases to amount available \n from dsh redistribution pool.--If the Secretary \n estimates for a fiscal year (beginning with fiscal year \n 2010) that--\n ``(i) the amount of additional expenditures \n in the fiscal year resulting from the \n application of an increase in DSH allotments \n under subparagraphs (B) and (C) beginning with \n fiscal year 2010 of 16 percent (instead of the \n application of an increase for inflation as \n provided in paragraph (3)(A)), exceeds\n ``(ii) the amount available for obligation \n from the DSH redistribution pool under \n paragraph (7) for the fiscal year,\n the Secretary shall reduce the increase in the DSH \n allotments otherwise provided under such subparagraphs \n for the fiscal year in a pro-rata manner so that the \n amount of additional expenditures in the fiscal year \n resulting from the application of such subparagraphs is \n equal to the amount described in clause (ii) for the \n fiscal year. A reduction in a DSH allotment for a State \n under this subparagraph shall not affect the \n computation of the DSH allotment for the State under \n subparagraph (B) or (C) for the subsequent fiscal \n year.''.\n (c) Demonstration Grants to Health Access Networks.--Such section \nis further amended by adding at the end the following new subsection:\n ``(k) Demonstration Grants to Health Access Networks.--\n ``(1) In general.--From the amount of funds made available \n under paragraph (6)(A) of this subsection from funds made \n available under subsection (d)(7) for a fiscal year, the \n Secretary shall award demonstration grants under this \n subsection to health access networks for such fiscal year for \n the purpose of improving access, quality, and continuity of \n care for uninsured individuals through better coordination of \n care by the network.\n ``(2) Health access network defined.--\n ``(A) In general.--In this subsection, the term \n `health access network' means an entity representing a \n collection of safety net providers, including \n hospitals, community health centers, public health \n departments, physicians, safety net health plans, \n federally qualified health centers, or other recognized \n safety net providers, that--\n ``(i) is organized for the purpose of \n restructuring and improving the access, \n quality, and continuity of care to the \n uninsured and underinsured; and\n ``(ii) offers patients access to all levels \n of care, including primary, outpatient, \n specialty, certain ancillary services, and \n acute inpatient care, within a community or \n across a broad spectrum of providers across a \n service region or State.\n ``(B) Inclusion of section 330 networks and \n plans.--Such term includes networks and plans that meet \n the requirements for funding under section 330(e)(1)(C) \n of the Public Health Service Act (42 U.S.C. \n 254b(e)(1)(C)).\n ``(C) Inclusion of integrated health care \n systems.--\n ``(i) In general.--Such term also includes \n an integrated health care system (including a \n pediatric system).\n ``(ii) Definition.--For purposes of this \n subparagraph, the term `integrated health care \n system (including a pediatric system)' means a \n health care provider that--\n ``(I) is organized to provide care \n in a coordinated fashion; and\n ``(II) assures access to a full \n range of primary, specialty, and \n hospital care, to uninsured and under-\n insured individuals, as appropriate.\n ``(3) Application and plan requirement.--\n ``(A) In general.--In order to be eligible for a \n grant under this subsection, a health access network \n shall--\n ``(i) submit an application, in such form \n and manner as the Secretary shall specify;\n ``(ii) submit with such application a plan \n that meets the requirements of subparagraph \n (B);\n ``(iii) identify in such plan measurable \n performance targets for at least 3 of the goals \n described in subparagraph (B); and\n ``(iv) agree that a portion of the payment \n of grant funds for patient care services after \n the first year for which such payment is made \n shall be contingent upon the health access \n network demonstrating success in achieving such \n targets.\n ``(B) Plan requirements.--A health access network \n that desires a grant under this subsection shall submit \n a plan to the Secretary that details how the network \n intends through the grant--\n ``(i) to manage costs associated with the \n provision of health care services to uninsured \n and underinsured individuals served by the \n network;\n ``(ii) to improve access to, and the \n availability of, health care services provided \n to uninsured and underinsured individuals \n served by the network;\n ``(iii) to enhance the quality and \n coordination of health care services provided \n to uninsured and underinsured individuals \n served by the network;\n ``(iv) to improve the health status of \n uninsured and underinsured individuals served \n by the network; and\n ``(v) to reduce health disparities in the \n population of uninsured and underinsured \n individuals served by the network.\n Nothing in this paragraph shall be construed as \n requiring a health access network operating in a State \n to operate on a statewide basis or otherwise to serve \n all uninsured and underinsured individuals in area \n served.\n ``(C) Authority to limit number of grants.--In \n awarding grants under this subsection, the Secretary \n may limit the grants in a manner so that each grantee \n is able to provide patient care services to the number \n of uninsured individuals specified by each network in \n its grant application.\n ``(4) Use of funds.--\n ``(A) In general.--A health access network that \n receives funds under a grant under this subsection \n shall expend an amount equal to at least 90 percent of \n such funds for the provision of (or payment for) direct \n patient care services.\n ``(B) Rule of construction regarding direct patient \n care services.--For purposes of subparagraph (A), the \n term `direct patient care services' means, with respect \n to a health access network, services, such as specialty \n medical care and diagnostic services, that are not \n available or are insufficiently available through the \n network's providers other than under a grant under this \n subsection.\n ``(C) Preference for services through safety net \n providers.--In purchasing direct patient care services \n for uninsured and underinsured individuals under a \n grant under this subsection, health access networks \n shall, to the maximum extent feasible, endeavor to \n purchase such services from safety net providers.\n ``(5) Supplement, not supplant.--Funds paid to a health \n access network under a grant under this subsection shall \n supplement and not supplant, other Federal or State payments \n that are made to the network to support the provision of health \n care services to low-income or uninsured patients.\n ``(6) Funding.--\n ``(A) Availability of funds from dsh redistribution \n pool.--To carry out this subsection there is hereby \n made available for each fiscal year (beginning with \n fiscal year 2010 and ending with fiscal year 2014) and \n appropriated from the DSH redistribution pool \n established under subsection (d)(7), an amount equal \n to--\n ``(i) the amount available for obligation \n from such pool in such fiscal year, reduced by\n ``(ii) the Secretary's estimate of the \n aggregate increase in Federal financial \n participation under this title for the fiscal \n year that will be attributable to the \n amendments made by section 2(b) of the \n Strengthening the Health Care Safety Net Act of \n 2009.\n ``(B) Treatment of grant funds.--Payments to a \n health access network under a grant under this \n subsection shall not be treated as a disproportionate \n share hospital payment adjustments under this section \n and shall not be counted against the DSH allotment for \n any State.\n ``(C) No state matching required.--Nothing in this \n subsection shall be construed as requiring a State to \n provide for any State matching funds to receive funds \n under this subsection.\n ``(D) Availability.--The amount of any grant to a \n health access network under this subsection shall \n remain available for expenditure under the grant \n through the end of the third fiscal year after the \n fiscal year in which the grant is made.''.\n (d) Conforming Date of Application of DSH Hospital Requirement to \nAvailability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii) \nof such section is amended by inserting before the period at the end \nthe following: ``(or, in the case of a low DSH State described in \nsubparagraph (B) or (C) of subsection (f)(5), the date of the enactment \nof the Strengthening the Safety Net Act of 2009)''.\n (e) Reporting Using Unified Reporting Document.--Not later than 60 \ndays after the date of the enactment of this Act, the Secretary of \nHealth and Human Services shall develop a unified reporting document \nfor all disproportionate share hospital (DSH) allocations and \nexpenditures under section 1923 of the Social Security Act. Beginning \nin fiscal year 2010 each State receiving a DSH allocation under such \nsection shall be required by the Secretary to report all expenditures \nagainst the allocation using such unified reporting document. This \nrequirement shall apply to States regardless of whether the DSH \nexpenditures occur through a waiver.\n (f) Effective Date.--The amendments made by this section shall \napply beginning with fiscal year 2010.","summary":"Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks.","title":"To amend title XIX of the Social Security Act to provide for a DSH redistribution pool from unexpended Medicaid DSH allotments in order to increase Medicaid DSH allotments for low DSH States and to provide grants for health access networks serving the uninsured.","text_len":18429,"sum_len":514} {"bill_id":"114_s3335","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Accountability and Innovative \nResearch Drug Pricing Act of 2016''.\n\nSEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by adding at the end the following:\n\n ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND\n\n``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.\n\n ``(a) Definitions.--In this section:\n ``(1) Average manufacturer price.--The term `average \n manufacturer price' has the meaning given the term in section \n 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-\n 8(k)(1)).\n ``(2) Manufacturer.--The term `manufacturer' means the \n person--\n ``(A) that holds the application for a drug \n approved under section 505 of the Federal Food, Drug, \n and Cosmetic Act or the license issued under section \n 351 of the Public Health Service Act; or\n ``(B) who is responsible for setting the price for \n the drug.\n ``(3) Qualifying drug.--The term `qualifying drug' means \n any drug that is approved under subsection (c) or (j) of \n section 505 of the Federal Food, Drug, and Cosmetic Act or \n licensed under subsection (a) or (k) of section 351 of this \n Act--\n ``(A) that is--\n ``(i)(I) subject to section 503(b)(1) of \n the Federal Food, Drug, and Cosmetic Act; or\n ``(II) commonly administered by hospitals \n (as determined by the Secretary);\n ``(ii) not designated as a drug for a rare \n disease or condition under section 526 of the \n Federal Food, Drug, and Cosmetic Act; and\n ``(iii) not designated by the Secretary as \n a vaccine; and\n ``(B) for which, during the previous calendar year, \n at least 1 dollar of the total amount of sales were for \n individuals enrolled under the Medicare program under \n title XVIII of the Social Security Act (42 U.S.C. 1395 \n et seq.) or under a State Medicaid plan under title XIX \n of such Act (42 U.S.C. 1396 et seq.) or under a waiver \n of such plan.\n ``(b) Report.--\n ``(1) Report required.--The manufacturer of a qualifying \n drug shall submit a report to the Secretary for each price \n increase of a qualifying drug that will result in an increase \n in the average manufacturer price of that drug that is equal to \n 10 percent or more over a 12-month period.\n ``(2) Report deadline.--Each report described in paragraph \n (1) shall be submitted to the Secretary not later than 30 days \n prior to the planned effective date of such price increase.\n ``(c) Contents.--A report under subsection (b) shall, at a minimum, \ninclude--\n ``(1) with respect to the qualifying drug--\n ``(A) the percentage by which the manufacturer will \n raise the average manufacturer price of the drug on the \n planned effective date of such price increase;\n ``(B) a justification for, and description of, each \n manufacturer's price increase that occurred during the \n 12-month period described in subsection (b)(1);\n ``(C) the identity of the initial developer of the \n drug;\n ``(D) a description of the history of the \n manufacturer's price increases for the drug since the \n approval of the application for the drug under section \n 505 of the Federal Food, Drug, and Cosmetic Act or the \n issuance of the license for the drug under section 351, \n or since the manufacturer acquired such approved \n application or license;\n ``(E) the current list price of the drug;\n ``(F) the total expenditures of the manufacturer \n on--\n ``(i) materials and manufacturing for such \n drug; and\n ``(ii) acquiring patents and licensing for \n such drug;\n ``(G) the percentage of total expenditures of the \n manufacturer on research and development for such drug \n that was derived from Federal funds;\n ``(H) the total expenditures of the manufacturer on \n research and development for such drug that is used \n for--\n ``(i) basic and preclinical research;\n ``(ii) clinical research;\n ``(iii) new drug development;\n ``(iv) pursuing new or expanded indications \n for such drug through supplemental applications \n under section 505 of the Federal Food, Drug, \n and Cosmetic Act; and\n ``(v) carrying out postmarket requirements \n related to such drug, including those under \n section 505(o)(3) of such Act;\n ``(I) the total revenue and the net profit \n generated from the qualifying drug for each calendar \n year since the approval of the application for the drug \n under section 505 of the Federal Food, Drug, and \n Cosmetic Act or the issuance of the license for the \n drug under section 351, or since the manufacturer \n acquired such approved application or license; and\n ``(J) the total costs associated with marketing and \n advertising for the qualifying drug;\n ``(2) with respect to the manufacturer--\n ``(A) the total revenue and the net profit of the \n manufacturer for the 12-month period described in \n subsection (b)(1);\n ``(B) the amount the manufacturer has spent on \n dividends and stock repurchases and the specific \n metrics used by the manufacturer to determine executive \n compensation, including any stock-based performance \n metrics, for the 12-month period described in \n subsection (b)(1); and\n ``(C) any additional information the manufacturer \n chooses to provide related to drug pricing decisions, \n such as total expenditures on--\n ``(i) drug research and development; or\n ``(ii) clinical trials on drugs that failed \n to receive approval by the Food and Drug \n Administration; and\n ``(3) such other related information as the Secretary \n considers appropriate.\n ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that \nfails to submit a report for the drug as required by this section shall \nbe subject to a civil penalty of $100,000 for each day on which the \nviolation continues.\n ``(e) Compliance Determinations.--In determining whether a \nmanufacturer may have been required to submit a report under this \nsection, and otherwise making determinations about manufacturer \ncompliance with the requirements of this section, the Inspector General \nof the Department of Health and Human Services shall annually review \nand consider the average manufacturer price information submitted under \nsection 447.510 of title 42, Code of Federal Regulations, or any \nsuccessor regulations.\n ``(f) Public Posting.--\n ``(1) In general.--Subject to paragraph (3), not later than \n 30 days after the submission of a report under subsection (b), \n the Secretary shall post the report on the public Web site of \n the Department of Health and Human Services.\n ``(2) Format.--In developing the format of such report for \n public posting, the Secretary shall consult stakeholders, \n including beneficiary groups, and shall seek feedback on the \n content and format from consumer advocates and readability \n experts to ensure such public reports are user-friendly to the \n public and are written in plain language that consumers can \n readily understand.\n ``(3) Trade secrets and confidential information.--In \n carrying out this section the Secretary shall ensure the \n protection of confidential commercial information and trade \n secrets.''.\n\n``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.\n\n ``The Secretary shall collect the civil penalties under section \n399OO, in addition to any other amounts available, and without further \nappropriation, and shall use such funds to carry out activities \ndescribed in this part and to improve consumer and provider information \nabout drug value and drug price transparency.\n\n``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.\n\n ``(a) In General.--Subject to subsection (b), the Secretary shall \nsubmit to Congress, and post on the public Web site of the Department \nof Health and Human Services in a way that is easy to use and \nunderstand, an annual report--\n ``(1) summarizing the information reported pursuant to \n section 399OO; and\n ``(2) including copies of the reports and supporting \n detailed economic analyses submitted pursuant to such section.\n ``(b) Trade Secrets and Confidential Information.--In carrying out \nthis section the Secretary shall ensure the protection of confidential \ncommercial information and trade secrets.''.","summary":"Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10 or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses.","title":"Fair Accountability and Innovative Research Drug Pricing Act of 2016","text_len":10079,"sum_len":1017} {"bill_id":"113_hr3565","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biennial Commission on Energy Policy \nAct of 2013''.\n\nSEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.\n\n (a) In General.--Title VIII of the Department of Energy \nOrganization Act (42 U.S.C. 7321) is amended by striking sections 801 \nand 802 and inserting the following new sections:\n\n``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.\n\n ``(a) Establishment.--There is established a commission to be known \nas the `Biennial Commission on Energy Policy' (in this title referred \nto as the `Commission').\n ``(b) Membership.--\n ``(1) Number and appointment.--The Commission shall be \n composed of 15 members appointed in the following manner--\n ``(A) The President shall appoint 3 members.\n ``(B) The Speaker of the House of Representatives \n shall appoint 3 members.\n ``(C) The minority leader of the House of \n Representatives shall appoint 3 members.\n ``(D) The majority leader of the Senate shall \n appoint 3 members.\n ``(E) The minority leader of the Senate shall \n appoint 3 members.\n ``(2) Deadline for appointment.--Members of the Commission \n shall be appointed not later 30 days after the first day of the \n first session of the 114th Congress.\n ``(3) Terms.--Members shall be appointed for a term of 2 \n years.\n ``(4) Consultation.--The President and Members of Congress \n specified in paragraph (1) shall consult with each other before \n appointing members to the Commission to achieve, to the maximum \n extent practicable, a diversity of experience and expertise in \n the membership of the Commission.\n ``(5) Vacancies.--Any vacancy on the Commission shall not \n affect its powers, but shall be filled in the same manner in \n which the original appointment was made. A member appointed to \n fill a vacancy occurring before the expiration of the term for \n which such member's predecessor was appointed shall be \n appointed for the remainder of that term.\n ``(6) Qualifications.--Each member appointed to the \n Commission shall have professional experience in 1 or more of \n the following areas:\n ``(A) Governmental service.\n ``(B) Energy production.\n ``(C) Renewable energy resource development.\n ``(D) Energy law.\n ``(E) Public administration.\n ``(F) Fossil fuel production.\n ``(G) Energy efficiency.\n ``(H) Environmental policy.\n ``(I) Labor.\n ``(J) Workplace safety.\n ``(K) Commerce and trade.\n ``(L) Corporate policies.\n ``(M) Infrastructure.\n ``(N) Foreign affairs.\n ``(7) Political affiliation.--Not more than 8 members of \n the Commission shall be affiliated with the same political \n party.\n ``(8) Restriction on government employees.--No individual \n may serve as a member of the Commission while employed as an \n officer or employee of the Federal Government or any State or \n local government.\n ``(9) Basic pay.--Each member of the Commission shall be \n compensated at a rate equal to the daily equivalent of the \n annual rate of basic pay prescribed for level IV of the \n Executive Schedule for each day (including travel time) during \n which the member is engaged in the performance of the duties of \n the Commission.\n ``(10) Travel expenses.--Each member of the Commission \n shall receive travel expenses, including per diem in lieu of \n subsistence, in accordance with applicable provisions under \n subchapter I of chapter 57 of title 5, United States Code.\n ``(c) Structure of Commission.--\n ``(1) Commencement.--The Commission shall meet and begin \n operations not later than 30 days after the date on which all \n members of the Commission have been appointed.\n ``(2) Chairperson; vice chairperson.--The chairperson and \n vice chairperson of the Commission shall be selected by the \n members.\n ``(3) Subcommittees.--Upon majority vote of the members, \n the Commission may create subcommittees composed of less than \n the full membership of the Commission to carry out specified \n duties of the Commission.\n ``(4) Quorum.--Six members of the Commission shall \n constitute a quorum.\n ``(5) Meetings.--\n ``(A) In general.--After its initial meeting, the \n Commission shall meet upon the call of the chairperson \n or a majority of its members.\n ``(B) Stakeholder meetings.--The Commission shall \n conduct a quarterly meeting of stakeholders to assist \n the Commission in carrying out its duties. The first \n meeting shall be held not later than 90 days after the \n date on which all members of the Commission have been \n appointed. Subsequent meetings shall be held until the \n Commission submits its final report.\n ``(C) Attendance at stakeholder meetings.--Members \n shall be encouraged to attend stakeholder meetings held \n pursuant to subparagraph (B) either in person or via \n teleconference.\n\n``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.\n\n ``(a) Duties.--\n ``(1) In general.--The Commission shall carry out the tasks \n described in paragraph (2) and make recommendations for \n legislative and administrative actions to create an integrated \n and comprehensive energy policy for the United States.\n ``(2) Tasks.--To carry out paragraph (1), the Commission \n shall--\n ``(A) analyze the accessibility, affordability, \n reliability, resiliency, and sustainability of the \n energy sources in the United States, including coal, \n oil, natural gas, wind, solar, nuclear, hydropower, \n geothermal, and biofuels;\n ``(B) assess policy options to increase domestic \n energy supplies and energy efficiency;\n ``(C) evaluate energy storage, transmission, and \n distribution requirements that shall include \n intermittent energy sources;\n ``(D) analyze the prospective role of stakeholders, \n including academia, industry representatives, the \n public, Federal laboratories (as defined in section 4 \n of the Stevenson-Wydler Technology Innovation Act of \n 1980 (15 U.S.C. 3703)), and Federal agencies in \n creating an integrated and comprehensive energy policy;\n ``(E) assess the effectiveness of and need for \n energy programs, including tax incentives, funding \n mechanisms, and energy subsidies;\n ``(F) make recommendations for changes to the \n organization of executive branch entities to facilitate \n the development and implementation of national energy \n objectives;\n ``(G) study relevant matters, as determined by the \n Commission, raised at the stakeholder meetings \n described in section 801(c)(5)(B); and\n ``(H) study other relevant matters as determined by \n the Commission.\n ``(3) Materials studied.--The Commission shall review \n materials on energy, including--\n ``(A) enacted and proposed Federal and State laws, \n regulations, policies, and programs;\n ``(B) information developed by relevant \n governmental and nongovernmental agencies, including \n Federal laboratories;\n ``(C) scientific and technical literature and \n publications; and\n ``(D) studies conducted by other entities.\n ``(b) Reports.--\n ``(1) Progress reports.--Not later than July 1 of the first \n and third year of each Presidential term, the Commission shall \n submit progress reports to Congress describing the activities \n of the Commission and a summary of the information gathered \n pursuant to subsection (a).\n ``(2) In general.--Not later than July 1 of the second and \n fourth year of each Presidential term, the Commission shall \n submit to Congress a report that shall include--\n ``(A) the findings and conclusions of the \n Commission based on tasks carried out pursuant to \n subsection (a)(2); and\n ``(B) recommendations for legislative and \n administrative actions described in subsection (a)(1).\n ``(3) Publication.--Reports submitted pursuant to paragraph \n (2) shall be made publicly available via a website.\n ``(c) Powers.--\n ``(1) Hearings and sessions.--The Commission may, for the \n purpose of carrying out this section, hold hearings, sit and \n act at times and places, take testimony, and receive evidence \n as the Commission considers appropriate. The Commission may \n administer oaths or affirmations to witnesses appearing before \n it.\n ``(2) Powers of subcommittees.--Any subcommittee created \n pursuant to section 801(c)(3) may, if authorized by the \n Commission, take any action which the Commission is authorized \n to take by this title.\n ``(3) Gifts.--The Commission may accept, use, and dispose \n of gifts or donations of services or property.\n ``(4) Postal services.--The Commission may use the United \n States mails in the same manner and under the same conditions \n as Federal departments and agencies.\n ``(5) Contract authority.--To the extent or in the amounts \n provided in advance in appropriation Acts, the Commission may \n contract with government and private agencies or persons for \n the purpose of carrying out this section, without regard to \n section 3709 of the Revised Statutes (41 U.S.C. 5).\n ``(6) Obtaining official data.--The Commission may secure \n directly from any department or agency of the United States \n information necessary to enable it to carry out this title. \n Upon request of the chairperson, vice chairperson, or a \n subcommittee of the Commission, the head of such department or \n agency shall furnish such information to the Commission.\n\n``SEC. 803. PERSONNEL MATTERS.\n\n ``(a) Executive Director and Staff.--The chairperson of the \nCommission may, without regard to the provisions of title 5, United \nStates Code, governing appointments in the competitive service, appoint \nand terminate an executive director and not more than five additional \nstaff members. The employment of an executive director shall be subject \nto confirmation by the Commission.\n ``(b) Pay.--The chairperson of the Commission may fix the \ncompensation of the executive director and staff without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of title 5, \nUnited States Code, relating to classification and General Schedule pay \nrates, except that an individual appointed under paragraph (1) may not \nreceive pay in excess of the annual rate of basic pay for level V of \nthe Executive Schedule.\n ``(c) Detail of Government Employees.--Upon request of the \nchairperson of the Commission, the head of any department or agency of \nthe Federal Government may detail, on a nonreimbursable basis, any \npersonnel of the department or agency to the Commission to assist the \nCommission in carrying out its duties.\n ``(d) Procurement of Temporary and Intermittent Services.--The \nchairperson of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level IV of the Executive Schedule \nunder section 5316 of such title.\n\n``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated $3,000,000 to the \nSecretary of Energy, without fiscal year limitation, to carry out this \ntitle.''.\n (b) Table of Contents Amendments.--The table of contents of such \nAct is amended by striking the items relating to sections 801 and 802 \nand inserting the following:\n\n``801. Biennial Commission on Energy Policy.\n``802. Duties and powers of the Commission.\n``803. Personnel matters.\n``804. Authorization of appropriations.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on the first day \nof the first session of the 114th Congress.","summary":"Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels. (2) assess policy options to increase domestic energy supplies and energy efficiency. (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources. (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies. (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies. And (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives.","title":"Biennial Commission on Energy Policy Act of 2013","text_len":13409,"sum_len":1108} {"bill_id":"113_hr5381","text":"SECTION 1. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS.\n\n (a) In General.--Paragraph (4) of section 401(a) of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(4) Nondiscrimination.--\n ``(A) In general.--A trust shall not constitute a \n qualified trust under this section unless the \n contributions or benefits provided under the plan do \n not discriminate in favor of highly compensated \n employees (within the meaning of section 414(q)). For \n purposes of this paragraph, there shall be excluded \n from consideration employees described in section \n 410(b)(3) (A) and (C).\n ``(B) Protection of older, longer service \n participants.--\n ``(i)(I) A defined benefit plan described \n in subclause (II) shall not fail to satisfy \n this paragraph with respect to plan benefits, \n rights, or features by reason of--\n ``(aa) the composition of the \n closed class of participants described \n in subclause (II), or\n ``(bb) the benefits, rights, or \n features provided to such closed class.\n ``(II) A plan is described in this \n subclause if--\n ``(aa) the plan provides benefits, \n rights, or features to a closed class \n of participants,\n ``(bb) such closed class and such \n benefits, rights, and features satisfy \n the requirements of subparagraph (A) \n (without regard to this clause) as of \n the date that the class was closed, and\n ``(cc) after the date as of which \n the class was closed, any plan \n amendments that modify the closed class \n or the benefits, rights, and features \n provided to such closed class satisfy \n subparagraph (A) (without regard to \n this clause).\n If a plan amendment causes a plan to cease to \n be described in this subclause (II) by reason \n of subclause (II)(cc), the plan is nevertheless \n described in this subclause (II) if such plan \n satisfies this subclause (II) (without regard \n to subclause (II)(cc)) as of the effective date \n of such amendment. In such cases, subclause \n (II)(bb) and (cc) shall subsequently be applied \n by reference to the effective date of the plan \n amendment, rather than by reference to the \n original date that the class was closed.\n ``(ii)(I) A defined contribution plan \n described in subclause (II) shall be permitted \n to be tested on a benefits basis.\n ``(II) A defined contribution plan is \n described in this subclause if--\n ``(aa) the plan provides make-whole \n contributions to a closed class of \n participants whose defined benefit plan \n accruals have been reduced or \n eliminated,\n ``(bb) such closed class of \n participants satisfies section \n 410(b)(2)(A)(i) as of the date that the \n class of participants was closed, and\n ``(cc) after the date as of which \n the class was closed, any plan \n amendments that modify the closed class \n or the allocations, benefits, rights, \n and features provided to such closed \n class satisfy subparagraph (A) (without \n regard to this clause).\n If a plan amendment causes a plan to cease to \n be described in this subclause (II) by reason \n of subclause (II)(cc), the plan is nevertheless \n described in this subclause (II) if such plan \n satisfies this subclause (II) (without regard \n to subclause (II)(cc)) as of the effective date \n of such amendment. In such cases, subclause \n (II)(bb) and (cc) shall subsequently be applied \n by reference to the effective date of the plan \n amendment, rather than by reference to the \n original date that the class was closed.\n ``(III) In addition to other testing \n methodologies otherwise applicable, for \n purposes of determining compliance with this \n paragraph and with section 410(b) of the \n portion of one or more defined contribution \n plans described in subclause (II) that provide \n make-whole contributions, such portion of such \n plans may be aggregated and tested on a \n benefits basis with the portion of one or more \n defined contribution plans that--\n ``(aa) provides matching \n contributions (as defined in subsection \n (m)(4)(A)), or\n ``(bb) consists of an employee \n stock ownership plan within the meaning \n of section 4975(e)(7) or a tax credit \n employee stock ownership plan within \n the meaning of section 409(a).\n For such purposes, matching contributions shall \n be treated in the same manner as employer \n contributions that are made without regard to \n whether an employee makes an elective \n contribution or employee contribution, \n including for purposes of applying the rules of \n subsection (l).\n ``(C) Definitions.--For purposes of this \n paragraph--\n ``(i) Make-whole contributions.--The term \n `make-whole contributions' means allocations \n for each employee in the class that are \n reasonably calculated, in a consistent manner, \n to replace some or all of the retirement \n benefits that the employee would have received \n under the defined benefit plan and any other \n plan or arrangement if the employee had \n continued to benefit at the same level under \n such defined benefit plan and such other plan \n or arrangement.\n ``(ii) References to closed class of \n participants.--References to a closed class of \n participants and similar references to a closed \n class shall include arrangements under which \n one or more classes of participants are closed.\n ``(D) Protecting grandfathered participants in \n defined benefit plans.--\n ``(i) One or more defined benefit plans \n described in clause (ii) shall be permitted to \n be tested on a benefits basis with one or more \n defined contribution plans.\n ``(ii) A defined benefit plan is described \n in this clause if--\n ``(I) the plan provides benefits to \n a closed class of participants,\n ``(II) the plan and such benefits \n satisfy the requirements of \n subparagraph (A) (without regard to \n this subparagraph) as of the date the \n class was closed, and\n ``(III) after the date as of which \n the class was closed, any plan \n amendments that modify the closed class \n or the benefits provided to such closed \n class satisfy subparagraph (A) (without \n regard to this subparagraph).\n If a plan amendment causes a plan to cease to \n be described in this clause (ii) by reason of \n subclause (III), the plan is nevertheless \n described in this clause (ii) if such plan \n satisfies this clause (ii) (without regard to \n subclause (III)) as of the effective date of \n such amendment. In such cases, subclauses (II) \n and (III) shall subsequently be applied by \n reference to the effective date of the plan \n amendment, rather than by reference to the \n original date that the class was closed.\n ``(iii) In addition to other testing \n methodologies otherwise applicable, for \n purposes of determining compliance with this \n paragraph and with section 410(b) of one or \n more defined benefit plans described in clause \n (ii), such plans may be aggregated and tested \n on a benefits basis with the portion of one or \n more defined contribution plans that--\n ``(I) provides matching \n contributions (as defined in subsection \n (m)(4)(A)), or\n ``(II) consists of an employee \n stock ownership plan within the meaning \n of section 4975(e)(7) or a tax credit \n employee stock ownership plan within \n the meaning of section 409(a).\n For such purposes, matching contributions shall \n be treated in the same manner as employer \n contributions that are made without regard to \n whether an employee makes an elective \n contribution or employee contribution, \n including for purposes of applying the rules of \n subsection (l).\n ``(E) Rules.--The Secretary may prescribe rules \n designed to prevent abuse of the plan designs otherwise \n permitted by reason of subparagraphs (B) and (D). Such \n rules shall be directed towards abuses under which the \n defined benefit plan was established within a specified \n period prior to the date that--\n ``(i) the class of participants described \n in subparagraphs (B)(i)(II)(aa), \n (B)(ii)(II)(aa), and (D)(ii)(I) is closed, or\n ``(ii) the defined benefit plan accruals \n have been reduced or eliminated, in the case of \n the make-whole contributions described in \n subparagraph (C).\n ``(F) Transition rules.--Within one year after the \n date of enactment of the Retirement Plan Simplification \n and Enhancement Act of 2013, the Secretary shall \n prescribe rules that facilitate the use of the \n provisions of subparagraphs (B) and (D) without regard \n to--\n ``(i) whether the closing of the class of \n participants referred to in such subparagraphs \n occurred before or after such date of \n enactment, or\n ``(ii) plan amendments that were adopted or \n effective before such date of enactment and \n that would not have been necessary if \n subparagraphs (B) and (D) had been in \n effect.''.\n (b) Participation Requirements.--Paragraph (26) of section 401(a) \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new subparagraph:\n ``(I) Protected participants.--A plan described in \n this subparagraph shall be deemed to satisfy the \n requirements of subparagraph (A). A plan is described \n in this paragraph if--\n ``(i) the plan is amended to--\n ``(I) cease all benefit accruals, \n or\n ``(II) provide future benefit \n accruals only to a closed class of \n participants, and\n ``(ii) the plan satisfies subparagraph (A) \n (without regard to this subparagraph) as of the \n effective date of the amendment.\n The Secretary may prescribe such rules as are necessary \n or appropriate to fulfill the purposes of this \n subparagraph, including prevention of abuse of this \n subparagraph in the case of plans established within a \n specific period prior to the effective date of the \n amendment.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act, without regard to \nwhether any plan modifications referenced in such amendments are \nadopted or effective before, on, or after such date of enactment.","summary":"Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants undernbsp, defined benefit plans.","title":"To amend the nondiscrimination provisions of the Internal Revenue Code of 1986 to protect older, longer service participants.","text_len":15373,"sum_len":313} {"bill_id":"115_hr313","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Savings for Seniors Act of 2017''.\n\nSEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS.\n\n (a) In General.--Section 201(d) of the Social Security Act (42 \nU.S.C. 402(d)) is amended--\n (1) by striking ``It shall be the duty'' and inserting \n ``(1) Except as provided in paragraph (2), it shall be the \n duty''; and\n (2) by adding at the end the following new paragraph:\n ``(2)(A) There is established in the Federal Old-Age and Survivors \nInsurance Trust Fund a Social Security Surplus Protection Account. As \nsoon as practicable after each fiscal year after fiscal year 2017, the \nManaging Trustee shall transfer to the Account, from amounts otherwise \navailable in the Trust Fund, amounts equivalent to the social security \nsurplus for such fiscal year. Such amounts shall be transferred from \ntime to time to the Account, such amounts to be determined on the basis \nof estimates by the Managing Trustee, and proper adjustments shall be \nmade in amounts subsequently transferred to the extent prior estimates \nwere in excess of or were less than the correct amount.\n ``(B) For purposes of subparagraph (A), the term `social security \nsurplus' means, for any fiscal year, the excess, if any, of--\n ``(i) the sum of--\n ``(I) the taxes imposed for such fiscal year by \n chapter 21 (other than sections 3101(b) and 3111(b)) of \n the Internal Revenue Code of 1986 with respect to wages \n (as defined in section 3121 of such Code) reported to \n the Secretary of the Treasury or his delegates pursuant \n to subtitle F of such Code, as determined by the \n Secretary of the Treasury by applying the applicable \n rates of tax under such chapter 21 (other than sections \n 3101(b) and 3111(b)) to such wages, less the amounts \n specified in clause (1) of subsection (b) of this \n section for such fiscal year,\n ``(II) the taxes imposed by chapter 2 (other than \n section 1401(b)) of the Internal Revenue Code of 1986 \n with respect to self-employment income (as defined in \n section 1402 of such Code) reported to the Secretary of \n the Treasury on tax returns under subtitle F of such \n Code, as determined by the Secretary of the Treasury by \n applying the applicable rate of tax under such chapter \n (other than section 1401(b)) to such self-employment \n income, less the amounts specified in clause (2) of \n subsection (b) of this section for such fiscal year, \n and\n ``(III) the amount equivalent to the aggregate \n increase in tax liabilities under chapter 1 of the \n Internal Revenue Code of 1986 which is attributable to \n the application of sections 86 and 871(a)(3) of such \n Code to payments from the Trust Fund, over\n ``(ii) the sum of--\n ``(I) benefits paid from the Trust Fund during the \n fiscal year, and\n ``(II) amounts authorized to be made available from \n the Trust Fund under subsection (g) of this section \n which are paid from the Trust Fund during such fiscal \n year.\n ``(C) Notwithstanding paragraph (1), the balance in the Account \nshall not be available for investment by the Managing Trustee.\n ``(D)(i) The preceding provisions of this paragraph shall not apply \nwith respect to fiscal years commencing with or after the first fiscal \nyear, after fiscal year 2017, for which a provision of Federal law \ntakes effect and authorizes, for amounts in the Trust Fund, an \ninvestment vehicle other than obligations of the United States \nresulting in the transfer of Trust Fund assets to the general fund of \nthe Treasury.\n ``(ii) A provision of Federal law shall be deemed to meet the \nrequirements of clause (i) if such provision includes the the \nfollowing: `This Act shall be considered to be a provision of Federal \nlaw meeting the requirements of section 201(d)(2)(D)(i) of the Social \nSecurity Act.'.''.\n\nSEC. 3. SOCIAL SECURITY INVESTMENT COMMISSION.\n\n (a) Establishment.--There is established in the executive branch of \nthe Government a Social Security Investment Commission.\n (b) Study and Report.--As soon as practicable after the date of the \nenactment of this Act, the Commission shall conduct a study to \nascertain the most effective vehicles for investment of the Federal \nOld-Age and Survivors Insurance Trust Fund, other than investment in \nthe form of obligations of the United States resulting in the transfer \nof Trust Fund assets to the general fund of the Treasury. Not later \nthan October 1, 2017, the Commission shall submit a report to the \nPresident and to each House of the Congress setting forth its \nrecommendations for such vehicles for investment, together with \nproposals for such administrative and legislative changes as the \nCommission determines necessary to authorize and implement such \nrecommendations.\n (c) Composition.--The Commission shall be composed of--\n (1) 3 members appointed by the President, of whom 1 shall \n be designated by the President as Chairman;\n (2) 2 members appointed by the Speaker of the House of \n Representatives;\n (3) 1 member appointed by the minority leader of the House \n of Representatives;\n (4) 2 members appointed by the majority leader of the \n Senate; and\n (5) 1 member appointed by the minority leader of the \n Senate.\n (d) Membership Requirements.--Members of the Commission shall have \nsubstantial experience, training, and expertise in the management of \nfinancial investments and pension benefit plans.\n (e) Length of Appointments.--Members of the Commission shall serve \nfor the life of the Commission. A vacancy on the Commission shall be \nfilled in the manner in which the original appointment was made and \nshall be subject to any conditions that applied with respect to the \noriginal appointment.\n (f) Administrative Provisions.--\n (1) Meetings.--The Commission shall meet--\n (A) not less than once during each month; and\n (B) at additional times at the call of the \n Chairman.\n (2) Exercise of powers.--\n (A) In general.--The Commission shall perform the \n functions and exercise the powers of the Commission on \n a majority vote of a quorum of the Commission. Three \n members of the Commission shall constitute a quorum for \n the transaction of business.\n (B) Vacancies.--A vacancy on the Commission shall \n not impair the authority of a quorum of the Commission \n to perform the functions and exercise the powers of the \n Commission.\n (g) Compensation.--\n (1) In general.--Each member of the Commission who is not \n an officer or employee of the Federal Government shall be \n compensated at the daily rate of basic pay for level IV of the \n Executive Schedule for each day during which such member is \n engaged in performing a function of the Commission.\n (2) Expenses.--A member of the Commission shall be paid \n travel, per diem, and other necessary expenses under subchapter \n I of chapter 57 of title 5, United States Code, while traveling \n away from such member's home or regular place of business in \n the performance of the duties of the Commission.\n (h) Termination.--The Commission shall terminate 90 days after the \ndate of the submission of its report pursuant to subsection (b).","summary":"Savings for Seniors Act of 2017 This bill amends title II (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. The Managing Trustee of the Social Security trust funds must: (1) transfer annual Social Security surpluses to the account. And (2) may not invest the balance in the account until a law takes effect after FY2017 that authorizes, for amounts in the trust fund, an investment vehicle other than US obligations resulting in the transfer of trust fund assets to the general fund of the Treasury. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund other than investments in the form of US obligations.","title":"Savings for Seniors Act of 2017","text_len":8065,"sum_len":823} {"bill_id":"112_s1539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taiwan Airpower Modernization Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings.\n (1) The Department of Defense, in its 2011 report to \n Congress on ``Military and Security Developments Involving the \n People's Republic of China,'' found that ``China continued \n modernizing its military in 2010, with a focus on Taiwan \n contingencies, even as cross-Strait relations improved. The PLA \n seeks the capability to deter Taiwan independence and influence \n Taiwan to settle the dispute on Beijing's terms. In pursuit of \n this objective, Beijing is developing capabilities intended to \n deter, delay, or deny possible U.S. support for the island in \n the event of conflict. The balance of cross-Strait military \n forces and capabilities continues to shift in the mainland's \n favor.'' In this report, the Department of Defense also \n concludes that, over the next decade, China's air force will \n remain primarily focused on ``building the capabilities \n required to pose a credible military threat to Taiwan and U.S. \n forces in East Asia, deter Taiwan independence, or influence \n Taiwan to settle the dispute on Beijing's terms''.\n (2) The Defense Intelligence Agency (DIA) conducted a \n preliminary assessment of the status and capabilities of \n Taiwan's air force in an unclassified report, dated January 21, \n 2010. The DIA found that, ``[a]lthough Taiwan has nearly 400 \n combat aircraft in service, far fewer of these are \n operationally capable.'' The report concluded, ``Many of \n Taiwan's fighter aircraft are close to or beyond service life, \n and many require extensive maintenance support. The retirement \n of Mirage and F-5 aircraft will reduce the total size of the \n Taiwan Air Force.''\n (3) Since 2006, authorities from Taiwan have made repeated \n requests to purchase 66 F-16C\/D multirole fighter aircraft from \n the United States, in an effort to modernize the air force of \n Taiwan and maintain its self-defense capability.\n (4) According to a report by the Perryman Group, a private \n economic research and analysis firm, the requested sale of F-\n 16C\/Ds to Taiwan ``would generate some $8,700,000,000 in output \n (gross product) and more than 87,664 person-years of employment \n in the US,'' including 23,407 direct jobs, while ``economic \n benefits would likely be realized in 44 states and the District \n of Columbia''.\n (5) The sale of F-16C\/Ds to Taiwan would both sustain \n existing high-skilled jobs in key United States manufacturing \n sectors and create new ones.\n (6) On August 1, 2011, a bipartisan group of 181 members of \n the House of Representatives sent a letter to the President, \n expressing support for the sale of F-16C\/Ds to Taiwan. On May \n 26, 2011, a bipartisan group of 45 members of the Senate sent a \n similar letter to the President, expressing support for the \n sale. Two other members of the Senate wrote separately to the \n President or the Secretary of State in 2011 and expressed \n support for this sale.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) a critical element to maintaining peace and stability \n in Asia in the face of China's two-decade-long program of \n military modernization and expansion of military capabilities \n is ensuring a militarily strong and confident Taiwan;\n (2) a Taiwan that is confident in its ability to deter \n Chinese aggression will increase its ability to proceed in \n developing peaceful relations with China in areas of mutual \n interest;\n (3) the cross-Strait military balance between China and our \n longstanding strategic partner, Taiwan, has clearly shifted in \n China's favor;\n (4) China's military expansion poses a clear and present \n danger to Taiwan, and this threat has very serious implications \n for the ability of the United States to fulfill its security \n obligations to allies in the region and protect our vital \n United States national interests in East Asia;\n (5) Taiwan's air force continues to deteriorate, and it \n needs additional advanced multirole fighter aircraft in order \n to modernize its fleet and maintain a sufficient self-defense \n capability;\n (6) the United States has a statutory obligation under the \n Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide Taiwan \n the defense articles necessary to enable Taiwan to maintain \n sufficient self-defense capabilities, in furtherance of \n maintaining peace and stability in the western Pacific region;\n (7) in order to comply with the Taiwan Relations Act, the \n United States must provide Taiwan with additional advanced \n multirole fighter aircraft, as well as significant upgrades to \n Taiwan's existing fleet of multirole fighter aircraft; and\n (8) the proposed sale of F-16C\/D multirole fighter aircraft \n to Taiwan would have significant economic benefits to the \n United States economy.\n\nSEC. 4. SALE OF F-16 AIRCRAFT TO TAIWAN.\n\n The President shall carry out the sale of no fewer than 66 F-16C\/D \nmultirole fighter aircraft to Taiwan.","summary":"Taiwan Air Power Modernization Act of 2011 - Expresses the sense of Congress that: (1) a critical element to maintaining peace and stability in Asia in the face of China's military expansion is ensuring a militarily strong Taiwan, (2) the United States has a statutory obligation under the Taiwan Relations Act to help Taiwan maintain sufficient self-defense capabilities, and (3) the proposed fighter aircraft sale to Taiwan would have significant economic benefits to the US economy. Directs the President to carry out the sale of no fewer than 66 F-16CD multirole fighter aircraft to Taiwan.","title":"A bill to provide Taiwan with critically needed United States-built multirole fighter aircraft to strengthen its self-defense capability against the increasing military threat from China.","text_len":5659,"sum_len":594} {"bill_id":"114_hr1759","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``All Economic Regulations are \nTransparent Act of 2015'' or the ``ALERT Act of 2015''.\n\nSEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF \n INFORMATION RELATING TO RULES.\n\n (a) Amendment.--Title 5, United States Code, is amended by \ninserting after chapter 6, the following new chapter:\n\n``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION \n OF INFORMATION RELATING TO RULES\n\n``Sec. 651. Agency monthly submission to office of information and \n regulatory affairs.\n``Sec. 652. Office of information and regulatory affairs publications.\n``Sec. 653. Requirement for rules to appear in agency-specific monthly \n publication.\n``Sec. 654. Definitions.\n\n``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND \n REGULATORY AFFAIRS.\n\n ``On a monthly basis, the head of each agency shall submit to the \nAdministrator of the Office of Information and Regulatory Affairs \n(referred to in this chapter as the `Administrator'), in such a manner \nas the Administrator may reasonably require, the following information:\n ``(1) For each rule that the agency expects to propose or \n finalize during the following year:\n ``(A) A summary of the nature of the rule, \n including the regulation identifier number and the \n docket number for the rule.\n ``(B) The objectives of and legal basis for the \n issuance of the rule, including--\n ``(i) any statutory or judicial deadline; \n and\n ``(ii) whether the legal basis restricts or \n precludes the agency from conducting an \n analysis of the costs or benefits of the rule \n during the rule making, and if not, whether the \n agency plans to conduct an analysis of the \n costs or benefits of the rule during the rule \n making.\n ``(C) Whether the agency plans to claim an \n exemption from the requirements of section 553 pursuant \n to section 553(b)(B).\n ``(D) The stage of the rule making as of the date \n of submission.\n ``(E) Whether the rule is subject to review under \n section 610.\n ``(2) For any rule for which the agency expects to finalize \n during the following year and has issued a general notice of \n proposed rule making--\n ``(A) an approximate schedule for completing action \n on the rule;\n ``(B) an estimate of whether the rule will cost--\n ``(i) less than $50,000,000;\n ``(ii) $50,000,000 or more but less than \n $100,000,000;\n ``(iii) $100,000,000 or more but less than \n $500,000,000;\n ``(iv) $500,000,000 or more but less than \n $1,000,000,000;\n ``(v) $1,000,000,000 or more but less than \n $5,000,000,000;\n ``(vi) $5,000,000,000 or more but less than \n $10,000,000,000; or\n ``(vii) $10,000,000,000 or more; and\n ``(C) any estimate of the economic effects of the \n rule, including any estimate of the net effect that the \n rule will have on the number of jobs in the United \n States, that was considered in drafting the rule. If \n such estimate is not available, a statement affirming \n that no information on the economic effects, including \n the effect on the number of jobs, of the rule has been \n considered.\n\n``SEC. 652. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS.\n\n ``(a) Agency-Specific Information Published Monthly.--Not later \nthan 30 days after the submission of information pursuant to section \n651, the Administrator shall make such information publicly available \non the Internet.\n ``(b) Cumulative Assessment of Agency Rule Making Published \nAnnually.--\n ``(1) Publication in the federal register.--Not later than \n October 1 of each year, the Administrator shall publish in the \n Federal Register, for the previous year the following:\n ``(A) The information that the Administrator \n received from the head of each agency under section \n 651.\n ``(B) The number of rules and a list of each such \n rule--\n ``(i) that was proposed by each agency, \n including, for each such rule, an indication of \n whether the issuing agency conducted an \n analysis of the costs or benefits of the rule; \n and\n ``(ii) that was finalized by each agency, \n including for each such rule an indication of \n whether--\n ``(I) the issuing agency conducted \n an analysis of the costs or benefits of \n the rule;\n ``(II) the agency claimed an \n exemption from the procedures under \n section 553 pursuant to section \n 553(b)(B); and\n ``(III) the rule was issued \n pursuant to a statutory mandate or the \n rule making is committed to agency \n discretion by law.\n ``(C) The number of agency actions and a list of \n each such action taken by each agency that--\n ``(i) repealed a rule;\n ``(ii) reduced the scope of a rule;\n ``(iii) reduced the cost of a rule; or\n ``(iv) accelerated the expiration date of a \n rule.\n ``(D) The total cost (without reducing the cost by \n any offsetting benefits) of all rules proposed or \n finalized, and the number of rules for which an \n estimate of the cost of the rule was not available.\n ``(2) Publication on the internet.--Not later than October \n 1 of each year, the Administrator shall make publicly available \n on the Internet the following:\n ``(A) The analysis of the costs or benefits, if \n conducted, for each proposed rule or final rule issued \n by an agency for the previous year.\n ``(B) The docket number and regulation identifier \n number for each proposed or final rule issued by an \n agency for the previous year.\n ``(C) The number of rules and a list of each such \n rule reviewed by the Director of the Office of \n Management and Budget for the previous year, and the \n authority under which each such review was conducted.\n ``(D) The number of rules and a list of each such \n rule for which the head of an agency completed a review \n under section 610 for the previous year.\n ``(E) The number of rules and a list of each such \n rule submitted to the Comptroller General under section \n 801.\n ``(F) The number of rules and a list of each such \n rule for which a resolution of disapproval was \n introduced in either the House of Representatives or \n the Senate under section 802.\n\n``SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGENCY-SPECIFIC MONTHLY \n PUBLICATION.\n\n ``(a) In General.--Subject to subsection (b), a rule may not take \neffect until the information required to be made publicly available on \nthe Internet regarding such rule pursuant to section 652(a) has been so \navailable for not less than 6 months.\n ``(b) Exceptions.--The requirement of subsection (a) shall not \napply in the case of a rule--\n ``(1) for which the agency issuing the rule claims an \n exception under section 553(b)(B); or\n ``(2) which the President determines by Executive order \n should take effect because the rule is--\n ``(A) necessary because of an imminent threat to \n health or safety or other emergency;\n ``(B) necessary for the enforcement of criminal \n laws;\n ``(C) necessary for national security; or\n ``(D) issued pursuant to any statute implementing \n an international trade agreement.\n\n``SEC. 654. DEFINITIONS.\n\n ``In this chapter, the terms `agency', `agency action', `rule', and \n`rule making' have the meanings given those terms in section 551.''.\n (b) Technical and Conforming Amendment.--The table of chapters for \npart I of title 5, United States Code, is amended by inserting after \nthe item relating to chapter 5, the following:\n\n``6. The Analysis of Regulatory Functions.................. 601 \n``6A. Office of Information and Regulatory Affairs 651''.\n Publication of Information \n Relating to Rules.\n (c) Effective Dates.--\n (1) Agency monthly submission to the office of information \n and regulatory affairs.--The first submission required pursuant \n to section 651 of title 5, United States Code, as added by \n subsection (a), shall be submitted not later than 30 days after \n the date of the enactment of this Act, and monthly thereafter.\n (2) Cumulative assessment of agency rule making.--\n (A) In general.--Subsection (b) of section 652 of \n title 5, United States Code, as added by subsection \n (a), shall take effect on the date that is 60 days \n after the date of the enactment of this Act.\n (B) Deadline.--The first requirement to publish or \n make available, as the case may be, under subsection \n (b) of section 652 of title 5, United States Code, as \n added by subsection (a), shall be the first October 1 \n after the effective date of such subsection.\n (C) First publication.--The requirement under \n section 652(b)(2)(A) of title 5, United States Code, as \n added by subsection (a), shall include for the first \n publication, any analysis of the costs or benefits \n conducted for a proposed or final rule, for the 10 \n years before the date of the enactment of this Act.\n (3) Requirement for rules to appear in agency-specific \n monthly publication.--Section 653 of title 5, United States \n Code, as added by subsection (a), shall take effect on the date \n that is 8 months after the date of the enactment of this Act.\n ","summary":"The expanded summary of the version reported by the House Committee on Oversight and Government Reform is repeated here.) All Economic Regulations are Transparent Act of 2015 or the ALERT Act of 2015 Requires the head of each federal agency to submit a monthly report to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) for each rule such agency expects to propose or finalize during the following year. Sets forth the required content of such reports, including: (1) a summary of the nature of the rule, (2) the objectives of and legal basis for issuance of the rule, (3) the stage of the rulemaking as of the date of submission, and (4) whether the rule is subject to periodic review as a rule with a significant economic impact. Requires each agency head to submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking. Requires such reports to include an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. Requires the Administrator to make such monthly reports publicly available on the Internet. Requires the Administrator to publish, not later than October 1 of each year, in the Federal Register: (1) information that the Administrator receives from each agency under this Act. (2) the number of rules and a list of each such rule that was proposed by each agency and each rule that was finalized by each agency. (3) the number of agency actions that repealed a rule, reduced the scope or cost of a rule, or accelerated the expiration date of a rule, (4) the total cost of all rules proposed or finalized. And (5) the number of rules for which an estimate of the cost of the rule was not available. Requires the Administrator to make publicly available on the Internet, not later than October 1 of each year: (1) the analysis of the costs or benefits of each proposed or final rule issued by an agency for the preceding year, (2) the docket number and regulation identifier number for each such rule, (3) the number of rules reviewed by OMB for the preceding year, (4) the number of rules for which a review by the head of an agency was completed, (5) the number of rules submitted to the Comptroller General, and (6) the number of rules for which a resolution of disapproval was introduced in Congress. Prohibits a rule from taking effect until the information required by this Act is posted on the Internet for not less than six months, unless the agency proposing the rule seeks an exemption under the Freedom of Information Act or the President determines by executive order that such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement. Makes such requirement effective eight months after enactment of this Act.","title":"ALERT Act of 2015","text_len":11749,"sum_len":2989} {"bill_id":"114_hr4484","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Long Island Aviation History Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Long Island has played an indispensable role in the \n development of the aviation industry in the United States. In \n particular, the Hempstead Plains, Suffolk County Air Force \n Base, and parts of Bethpage, Port Washington, and Farmingdale \n contain notable landmarks of aviation history.\n (2) The Hempstead Plains encompass approximately 950 acres \n east of Clinton Road and south of Old Country Road in Garden \n City, New York, and have been called the ``Cradle of \n Aviation''.\n (3) In the early 20th century, the Hempstead Plains had 3 \n major airfields, all of great historical significance: \n Roosevelt Field, Curtiss Field, and Mitchel Field.\n (4) During World War I, the airfields of Hempstead Plains \n were an important training center for United States military \n pilots, as well as a major hub for military aircraft research, \n development, and production.\n (5) The first transatlantic flight, carried out by the U.S. \n Navy Curtiss NC-4 in 1919, took off from Rockaway, New York, \n and cemented the United States leading role in aviation \n innovation. This aircraft was built at the Curtiss factory in \n Garden City--a building which still stands.\n (6) Roosevelt Field in Garden City, New York, was the point \n of departure for Charles Lindbergh's famous transatlantic \n flight aboard the Spirit of St. Louis completed on May 20, \n 1927.\n (7) In 1929, Amelia Earhart and other pioneering women \n pilots founded the International Organization of Women Pilots, \n or the Ninety-Nines, at Curtiss Field.\n (8) Curtiss Field also served as the terminus for \n transcontinental airmail from 1918-1929.\n (9) In the 1930s, Roosevelt Field was the busiest civilian \n airfield in the United States, and played a role in many other \n historic transcontinental, transatlantic, and record-setting \n flights.\n (10) Port Washington, New York, once known as the \n ``Plymouth Rock'' of American aviation, was Pan American World \n Airways' trans-Atlantic hub on Manhasset Isle from 1934 to \n 1940.\n (11) During World War II, Long Island was a crucial center \n of military aircraft production. These aircraft, produced in \n huge numbers for the Army, Navy, and foreign governments, were \n of excellent quality and had a major impact on the course of \n the war in all theaters.\n (12) Most notably, the Grumman Aircraft Company, based in \n Bethpage, New York, and the Republic Aviation Corporation, \n based in Farmingdale, New York, manufactured innovative planes \n that proved highly valuable to the U.S. military such as \n Grumman's F6F-3 Hellcat and Republic's P-47 Thunderbolt.\n (13) Mitchel Air Force Base, located on the Hempstead \n Plains, served as the original location of the Air Defense \n Command upon its inception in 1940, and was integral to the \n defense of the main-land United States during World War II and \n thereafter.\n (14) In 1951, the Suffolk County Air Force Base, located in \n Westhampton, New York, became the prime Air Defense Command \n base responsible for defending the New York City metropolitan \n area from all air attacks.\n (15) In 1962, Grumman won the contract to build the Lunar \n Module as part of the Apollo Program, and in 1969 the first men \n traveled to the moon aboard a spacecraft built with the \n expertise of Long Island's aviation industry.\n\nSEC. 3. SPECIAL RESOURCE STUDY.\n\n (a) Study.--The Secretary of the Interior shall conduct a special \nresource study of the study area.\n (b) Contents.--In conducting the study under subsection (a), the \nSecretary shall--\n (1) evaluate the national significance of the study area \n based on an assessment of Long Island's aviation history;\n (2) determine the suitability and feasibility of \n designating parts of the study area as a unit of the National \n Park System commemorating Long Island's aviation history;\n (3) consider other alternatives for preservation, \n protection, and interpretation of the study area by Federal, \n State, or local governmental entities, or private and nonprofit \n organizations;\n (4) identify properties related to Long Island's aviation \n history that could meet criteria for listing in the National \n Register of Historic Places or criteria for designation as \n National Historic Landmarks;\n (5) consult with interested Federal, State, or local \n governmental entities, private and nonprofit organizations, or \n any other interested individuals;\n (6) consider the appropriate management options needed to \n ensure the protection, preservation, and interpretation of the \n study area;\n (7) evaluate appropriate ways to enhance historical \n research, education, interpretation, and public awareness of \n Long Island's aviation history; and\n (8) identify cost estimates for any Federal acquisition, \n development, interpretation, operation, and maintenance \n associated with the alternatives.\n (c) Study Area.--The term ``study area'' means Long Island with a \nparticular focus on the Hempstead Plains, the areas surrounding Suffolk \nCounty Air Force Base, the hamlet of Bethpage, the hamlet of Port \nWashington, and the village of Farmingdale.\n (d) Applicable Law.--The study required under subsection (a) shall \nbe conducted in accordance with section 100507 of title 54, United \nStates Code.\n (e) Report.--Not later than 3 years after the date on which funds \nare first made available for the study under subsection (a), the \nSecretary shall submit to the Committee on Natural Resources of the \nHouse of Representatives and the Committee on Energy and Natural \nResources of the Senate a report containing the results of the study \nand any conclusions and recommendations of the Secretary.","summary":"Long Island Aviation History Act This bill directs the Department of the Interior to conduct a special resource study of the aviation history of Long Island, with a particular focus on the Hempstead Plains, the areas surrounding Suffolk County Air Force Base, the hamlet of Bethpage, the hamlet of Port Washington, and the village of Farmingdale.","title":"Long Island Aviation History Act","text_len":6465,"sum_len":346} {"bill_id":"103_hr4768","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Education and Training Act \nof 1994''.\n\nSEC. 2. FLIGHT TRAINING.\n\n (a) Active Duty Program.--Section 3034(d) of title 38, United \nStates Code, is amended--\n (1) by striking out paragraph (2);\n (2) by striking out ``(d)(1)'' and inserting in lieu \n thereof ``(d)''; and\n (3) by redesignating subparagraphs (A), (B), and (C) as \n paragraphs (1), (2), and (3), respectively.\n (b) Post-Vietnam Era.--Section 3241(b) of such title is amended--\n (1) by striking out paragraph (2);\n (2) by striking out ``(b)(1)'' and inserting in lieu \n thereof ``(b)''; and\n (3) by redesignating subparagraphs (A), (B), and (C) as \n paragraphs (1), (2), and (3), respectively.\n (c) Reserve Program.--Section 2136(c) of title 10, United States \nCode, is amended--\n (1) by striking out paragraph (2);\n (2) by striking out ``(c)(1)'' and inserting in lieu \n thereof ``(c)''; and\n (3) by redesignating subparagraphs (A), (B), and (C) as \n paragraphs (1), (2), and (3), respectively.\n\nSEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED \n DISABILITIES.\n\n (a) Rehabilitation Resources.--Section 3115 of title 38, United \nStates Code, is amended--\n (1) in subsection (a)(1), by striking ``assistance,'' and \n inserting in lieu thereof ``assistance or any federally \n recognized Indian tribe,'';\n (2) in subsection (a)(4), by inserting ``any federally \n recognized Indian tribe,'' after ``contributions,''; and\n (3) by adding at the end the following:\n ``(c) As used in this section, the term `federally recognized \nIndian tribe' means any Indian tribe, band, nation, pueblo, or other \norganized group or community, including any Alaska Native village or \nregional corporation as defined in or established pursuant to the \nAlaska Native Claims Settlement Act, which is recognized as eligible \nfor the special programs and services provided by the United States to \nIndians because of their status as Indians.''.\n (b) Allowances.--Section 3108(c)(2) of such title is amended by \ninserting ``or federally recognized Indian tribe'' after ``local \ngovernment agency''.\n (c) Technical Correction.--(1) Section 404(b) of the Veterans' \nBenefits Act of 1992 (106 Stat. 4338) is amended by striking out the \nperiod at the end thereof and inserting in lieu thereof ``, but shall \nnot apply to veterans and other persons who originally applied for \nassistance under chapter 31 of title 38, United States Code, before \nNovember 1, 1990.''.\n (2) The amendment made by paragraph (1) shall take effect as of \nOctober 29, 1992.\n\nSEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.\n\n (a) In General.--Section 3452(c) of title 38, United States Code, \nis amended by adding at the end the following: ``For the period ending \non September 30, 1996, such term includes entities that provide \ntraining required for completion of any State-approved alternative \nteacher certification program (as determined by the Secretary).''.\n (b) Clarifying Amendment.--Section 3002 of title 38, United States \nCode, is amended by adding at the end thereof the following:\n ``(8) The term `educational institution' has the meaning \n given such term in section 3452(c) of this title.''.\n (c) Effective Date.--The amendments made by this section shall be \neffective on the date of enactment of this Act.\n\nSEC. 5. EDUCATION OUTSIDE THE UNITED STATES.\n\n (a) In General.--The first sentence of section 3476 of title 38, \nUnited States Code, is amended to read as follows: ``An eligible \nveteran may not enroll in any course offered by an educational \ninstitution not located in a State unless that educational institution \nis an approved institution of higher learning and the course is \napproved by the Secretary.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to courses approved on or after the date of the \nenactment of this Act.\n\nSEC. 6. CORRESPONDENCE COURSES.\n\n (a) Approval of Programs of Education.--(1) Section 3672 of title \n38, United States Code, is amended by adding at the end the following:\n ``(e) A program of education exclusively by correspondence, and the \ncorrespondence portion of a combination correspondence-residence course \nleading to a vocational objective, that is offered by an educational \ninstitution (as defined in section 3452(c) of this title) may be \napproved only if (1) the educational institution is accredited by an \nagency recognized by the Secretary of Education, and (2) at least 50 \npercent of those pursuing such a program or course require six months \nor more to complete the program or course.''.\n (2)(A) Section 3675(a)(2)(B) of such title is amended by striking \nout ``A State'' and inserting in lieu thereof ``Except as provided in \nsection 3672(e), a State''.\n (B) Section 3680(a) of such title is amended--\n (i) by striking out ``; or'' at the end of paragraph (3) \n and inserting in lieu thereof a period; and\n (ii) by striking out paragraph (4).\n (C) Section 3686(c) of such title is amended by striking out \n``(other than one subject to the provisions of section 3676 of this \ntitle)''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply with respect to programs of education exclusively by \ncorrespondence and to correspondence-residence courses commencing after \n90 days after the date of the enactment of this Act.\n\nSEC. 7. STATE APPROVING AGENCIES.\n\n (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United \nStates Code, is amended by striking out ``$12,000,000'' each place it \nappears and inserting in lieu thereof ``$13,000,000''.\n (2) The amendment made by subsection (a) shall apply with respect \nto services provided under such section after September 30, 1994.\n (b) Elimination of Report to Congress Requirement.--Section \n3674(a)(3) of such title is amended--\n (1) by striking out subparagraph (B); and\n (2) by striking out ``(3)(A)'' and inserting in lieu \n thereof ``(3)''.\n (c) Evaluation of Agency Performance.--Section 3674A(a) of such \ntitle is amended by striking out paragraph (3) and redesignating \nparagraphs (4) and (5) as paragraphs (3) and (4), respectively.\n\nSEC. 8. MEASUREMENT OF COURSES.\n\n Section 3688(b) of title 38, United States Code, is amended--\n (1) by striking out ``this chapter or'' and inserting in \n lieu thereof ``this chapter,''; and\n (2) by inserting before the period at the end thereof the \n following: ``, or chapter 106 of title 10''.\n\nSEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION.\n\n Section 3692 of title 38, United States Code, is amended--\n (1) in subsections (a) and (b)--\n (A) by striking out ``34,'' both places it appears; \n and\n (B) by striking out ``title.'' and inserting in \n lieu thereof ``title and chapter 106 of title 10.'' \n both places it appears; and\n (2) in subsection (c), by striking out ``1994'' and \n inserting in lieu thereof ``2003''.\n\nSEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.\n\n (a) Payment Limitation.--Section 3697(b) of title 38, United States \nCode, is amended by striking out ``$5,000,000'' and inserting in lieu \nthereof ``$6,000,000''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on October 1, 1994.\n\nSEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF \n 1992.\n\n (a) Period of Training.--(1) Section 4485(d) of the Service Members \nOccupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 \nU.S.C. 1143 note) is amended by striking out ``or more than 18 \nmonths''.\n (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. \n1143 note) is amended by striking out the period at the end thereof and \ninserting in lieu thereof the following: ``in the community for the \nentire period of training of the eligible person.''.\n (B) The amendment made by subparagraph (A) shall apply with respect \nto programs of training under the Service Members Occupational \nConversion and Training Act of 1992 beginning after the date of \nenactment of this Act.\n (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. \n1143 note) is amended--\n (1) in subsection (a)(1)--\n (A) by striking out ``subparagraph (B)'' in \n subparagraph (A) and inserting in lieu thereof \n ``subparagraphs (B) and (C)'';\n (B) by inserting before the period at the end of \n subparagraph (A) the following: ``but in no event to \n exceed 18 months (or the equivalent training hours)''; \n and\n (C) by adding at the end thereof the following new \n subparagraph:\n ``(C) Assistance may be paid under this subtitle on \n behalf of an eligible person to that person's employer \n for training under two or more programs of job training \n under this subtitle if such employer has not received \n (or is not due) on that person's behalf assistance in \n an amount aggregating the applicable amount set forth \n in subparagraph (B).''; and\n (2) in subsection (b)(3), by inserting before the period at \n the end thereof ``, or upon the completion of the 18th month of \n training under the last training program approved for the \n person's pursuit with that employer under this subtitle, \n whichever is earlier''.\n (c) Entry Into Program of Job Training.--Section 4488(a) of such \nAct (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out \nthe third sentence thereof and inserting in lieu thereof ``The eligible \nperson may begin such program of job training with the employer on the \nday that notice is transmitted to such official by means prescribed by \nsuch official. However, assistance under this subtitle may not be \nprovided to the employer if such official, within two weeks after the \ndate on which such notice is transmitted, disapproves the eligible \nperson's entry into that program of job training in accordance with \nthis section.''.\n\n Passed the House of Representatives August 1, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"Veterans' Education and Training Act of 1994 - Provides for the continued use of veterans' basic educational assistance for approved flight training for regular veterans, post-Vietnam era veterans, and members of the reserves. Authorizes the Secretary of Veterans Affairs to use the facilities of any federally recognized Indian tribe in providing training or work experience for veterans with service-connected disabilities. Allows for the payment of a subsistence allowance to veterans performing training or work on the facilities of such an Indian tribe. Includes within the definition of educational institution for purposes of the provision of educational assistance to veterans, until September 31, 1996, entities that provide training required for the completion of any State-approved alternative teacher certification program. Prohibits a veteran eligible for educational assistance from enrolling in any course at an institution outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. Provides for the conditional approval of correspondence courses as courses for which veterans' educational assistance may be provided. Increases from $12 million to $13 million the annual limit on the amount authorized to be provided to State and local educational agencies for furnishing courses of education to veterans under the educational assistance program. Removes an educational agency reporting requirement with respect to the provision of such services. Continues the Veterans' Advisory Committee on Education through December 31, 2003. Increases from $5 million to $6 million the annual funding ceiling for veterans' educational and vocational counseling services obtained by the Department of Veterans Affairs. Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) repeal the 18-month limit on training under such Act for employment in stable and permanent positions, (2) revise certain certification requirements under such training program. (3) allow assistance to be paid on behalf of eligible persons for training under two or more training programs if the per-person annual training limit is not exceeded. And (4) allow a person to enter into a job training program on the day that official employer notification is given .","title":"Veterans' Education and Training Act of 1994","text_len":10793,"sum_len":2349} {"bill_id":"111_s400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Crisis Investigation Act \nof 2009''.\n\nSEC. 2. EXPANDING THE AUTHORITY OF THE TARP CONGRESSIONAL OVERSIGHT \n PANEL.\n\n Section 125 of the Emergency Economic Stabilization Act of 2008 (12 \nU.S.C. 5233) is amended by adding at the end the following:\n ``(h) Additional Duties.--The Oversight Panel shall--\n ``(1) investigate all causes, domestic and global, of the \n current financial and economic crisis in the United States, \n including the collapse of major financial and commercial firms \n and the deterioration of the credit and housing markets;\n ``(2) investigate the role in the financial and economic \n crisis, if any, of--\n ``(A) any financial or commercial corporation, \n partnership, hedge fund, private equity firm, or \n entity, including any of their employees;\n ``(B) the Securities and Exchange Commission;\n ``(C) nationally recognized statistical rating \n organizations, as that term is defined in section 3(a) \n of the Securities Exchange Act of 1934 (15 U.S.C. \n 78c(a)) including any of their employees;\n ``(D) the Commodity Futures Trading Commission;\n ``(E) the Federal National Mortgage Association or \n the Federal Home Loan Mortgage Corporation;\n ``(F) trading facilities for commodities, as those \n terms are defined in section 1a of the Commodity \n Exchange Act (7 U.S.C. 1a), and self-regulatory \n organizations, as that term is defined in section 3 of \n the Securities Exchange Act of 1934 (15 U.S.C. 78c);\n ``(G) the Federal banking agencies, as that term is \n defined in section 3 of the Federal Deposit Insurance \n Act (12 U.S.C. 1813); and\n ``(H) any other governmental or nongovernmental \n entity including any of their employees;\n ``(3) conduct a top-to-bottom review of the Nation's \n existing financial regulatory structure and the contribution of \n the current structure to the stability or instability of \n financial markets, in order to develop a comprehensive \n framework for--\n ``(A) reforming the laws governing our Nation's \n financial markets;\n ``(B) strengthening regulatory agencies; and\n ``(C) improving transparency and oversight;\n ``(4) analyze--\n ``(A) the impact of the financial regulatory \n structure on the health and stability of the United \n States economy;\n ``(B) the sustainability of the Nation's financial \n institutions; and\n ``(C) the financial well-being of American \n taxpayers;\n ``(5) review and consider all aspects of financial \n regulation, including the regulation of--\n ``(A) bank holding companies, financial holding \n companies, commercial banks, investment banks, savings \n associations, credit unions, and industrial loan \n companies;\n ``(B) payment and settlement systems;\n ``(C) hedge funds, private equity funds, and the \n markets for alternative investments;\n ``(D) special purpose vehicles and off-balance \n sheet financing for financial companies;\n ``(E) the securitization of mortgages and other \n assets;\n ``(F) exchange-based, electronic, and over-the-\n counter markets for financial derivative products;\n ``(G) the mortgage finance industry, including \n mortgage brokers and mortgage lending institutions;\n ``(H) equity markets, including short-selling \n practices, and commodity futures markets; and\n ``(I) the insurance industry and its role in the \n financial markets;\n ``(6) submit reports required by subsection (b); and\n ``(7) refer to the Attorney General of the United States, \n any appropriate State attorney general, or any other \n appropriate law enforcement official any person that the \n Oversight Panel finds may have violated the laws of the United \n States in relation to such crisis.\n ``(i) Hearings and Evidence.--\n ``(1) In general.--The Oversight Panel shall, for purposes \n of carrying out this section--\n ``(A) hold regular hearings, sit and act at times \n and places, take testimony, receive evidence, and \n administer oaths; and\n ``(B) require, by subpoena or otherwise, the \n attendance and testimony of witnesses and the \n production of books, records, correspondence, \n memoranda, papers, and other documents.\n ``(2) Subpoenas.--\n ``(A) Service.--Subpoenas issued under paragraph \n (1)(B) may be served by any person designated by the \n Oversight Panel.\n ``(B) Enforcement.--\n ``(i) In general.--In the case of contumacy \n or failure to obey a subpoena issued under \n paragraph (1)(B), the United States district \n court for the judicial district in which the \n subpoenaed person resides, is served, or may be \n found, or where the subpoena is returnable, may \n issue an order requiring such person to appear \n at any designated place to testify or to \n produce documentary or other evidence. Any \n failure to obey the order of the court may be \n punished by the court as a contempt of that \n court.\n ``(ii) Additional enforcement.--Sections \n 102 through 104 of the Revised Statutes of the \n United States (2 U.S.C. 192 through 194) shall \n apply in the case of any failure of any witness \n to comply with any subpoena or to testify when \n summoned under the authority of this section.\n ``(3) Contracting.--The Oversight Panel may enter into \n contracts to enable the Oversight Panel to discharge its duties \n under this section.\n ``(4) Information from federal agencies.--The Oversight \n Panel may secure directly from any department, agency, or \n instrumentality of the United States any information related to \n any inquiry of the Oversight Panel conducted under this Act. \n Each such department, agency, or instrumentality shall, to the \n extent authorized by law, furnish such information directly to \n the Oversight Panel upon request, not later than 7 days after \n the date on which such request is made.\n ``(5) Information from financial or commercial \n corporations, partnerships, hedge funds, private equity firms, \n or entities.--The Oversight Panel may secure directly from any \n financial or commercial corporations, partnerships, hedge \n funds, private equity firms, or entities any information \n related to any inquiry of the Oversight Panel conducted under \n this section. Each shall, to the extent authorized by law, \n furnish such information directly to the Oversight Panel upon \n request not later than 7 days after the date on which such \n request is made.\n ``(6) Assistance from federal agencies.--\n ``(A) Department of the treasury.--\n ``(i) In general.--The Secretary shall \n provide all amounts necessary to defray the \n costs and provide administrative support and \n other services to the Oversight Panel for the \n performance of the functions of the Oversight \n Panel.\n ``(ii) Limitation.--The value of the \n assistance required to be provided by the \n Secretary under this subparagraph may not \n exceed $4,000,000.\n ``(B) Other departments and agencies.--In addition \n to the assistance prescribed in subparagraph (A), \n departments and agencies of the United States are \n authorized to provide to the Oversight Panel such \n services, funds, facilities, staff, and other support \n services as they may determine advisable and as may be \n authorized by law.\n ``(7) Gifts.--The Oversight Panel may accept, use, and \n dispose of gifts or donations of services or property.\n ``(8) Postal services.--The Oversight Panel may use the \n United States mails in the same manner and under the same \n conditions as departments and agencies of the United States.\n ``(9) Powers of subcommittees, members, and agents.--Any \n subcommittee, member, or agent of the Oversight Panel may, if \n authorized by the Oversight Panel, take any action which the \n Oversight Panel is authorized to take by this section.''.\n\nSEC. 3. REPORTS OF THE OVERSIGHT PANEL.\n\n Section 125(b) of the Emergency Economic Stabilization Act of 2008 \n(12 U.S.C. 5233(b)) is amended by adding at the end the following:\n ``(3) Final report on financial crisis.--Not later than 100 \n days after the date of enactment of this paragraph, the \n Oversight Panel shall submit to the President and Congress a \n report containing--\n ``(A) the findings and conclusions of the Oversight \n Panel on the causes of the current financial and \n economic crisis in the United States; and\n ``(B) such findings, conclusions, and \n recommendations for statutory and regulatory changes as \n a majority of Oversight Panel members finds are \n necessary to prevent a financial and economic crisis \n comparable to the current financial and economic crisis \n in the United States.\n ``(4) Interim reports.--At any time after the first meeting \n of the Oversight Panel, the Oversight Panel may submit to the \n President and Congress an interim report containing such \n findings, conclusions, and recommendations for corrective \n measures as have been agreed to by a majority of Oversight \n Panel members.''.","summary":"Financial Crisis Investigation Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Oversight Panel of the Troubled Asset Relief Program (TARP) to: (1) investigate all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets. (2) investigate the role in the financial and economic crisis, if any, of specified governmental and private sector entities. (3) review the nation's existing financial regulatory structure from top to bottom, and its contribution to the stability or instability of financial markets, (4) review all aspects of financial regulation. And (5) refer to federal and state law enforcement officials any person that the Oversight Panel finds may have violated federal law in relation to such crisis. Requires the Oversight Panel to report its findings, conclusions, and recommendations to the President and Congress.","title":"A bill to expand the authority and responsibilities of the Oversight Panel of the Troubled Asset Relief Program, and for other purposes.","text_len":11252,"sum_len":1032} {"bill_id":"111_hr2240","text":"SECTION 1. NONREFUNDABLE CREDIT FOR MENTORING AND HOUSING YOUNG ADULTS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25D the following new section:\n\n``SEC. 25E. MENTORING AND HOUSING CERTAIN YOUNG ADULTS.\n\n ``(a) Allowance of Credit.--In the case of a taxpayer who is a \nqualified mentor, there shall be allowed as a credit against the tax \nimposed by this chapter for the taxable year with respect to each \nqualifying mentored individual by the taxpayer an amount equal to \n$1,000.\n ``(b) Limitations.--\n ``(1) Proration of credit for years in which individual \n attains age 18 and 21.--In the case of a qualifying mentored \n individual who attains age 18 or 21 during the taxable year, \n the credit allowed under subsection (a) shall be the amount \n specified in subsection (a) multiplied by a fraction, the \n numerator of which is the number of days in the taxable year \n such individual is 18 or 20 (as the case may be) and the \n denominator of which is the number of days in the taxable year.\n ``(2) Limitation based on amount of tax.--In the case of a \n taxable year to which section 26(a)(2) does not apply, the \n credit allowed under subsection (a) for any taxable year shall \n not exceed the excess of--\n ``(A) the sum of the regular tax liability (as \n defined in section 26(b)) plus the tax imposed by \n section 55, over\n ``(B) the sum of the credits allowable under this \n subpart (other than this section) and section 27 for \n the taxable year.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified mentor.--The term `qualified mentor' means \n an individual--\n ``(A) who attained the age of 21 before the \n beginning of the taxable year,\n ``(B) with respect to whom any agency certified by \n the State (including a private mentoring agency and \n governmental mentoring agency) in which the taxpayer \n has his principle place of abode to provide or \n facilitate mentoring services has placed a qualifying \n mentored individual, and\n ``(C) who is in compliance with the mentoring \n requirements of such agency or State with respect to \n the qualifying mentored individual.\n ``(2) Mentoring requirements.--The term `mentoring \n requirements' includes participating in a one-on-one \n relationship as a positive role model with a qualifying \n mentored individual and involves meetings and activities on not \n less than a monthly basis.\n ``(3) Qualifying mentored individual.--The term `qualifying \n mentored individual' means an individual who--\n ``(A) has attained the age of 18 as of the close of \n the taxable year but did not attain age 22 during the \n taxable year,\n ``(B) as of the day before the date on which the \n individual attained the age of 18, was placed by an \n authorized placement agency or by judgment, decree, or \n other order of any court of competent jurisdiction, and\n ``(C) has the same principal place of abode as the \n taxpayer for more than one-half of such taxable year.\n ``(d) Identification Requirement.--No credit shall be allowed under \nthis section to a taxpayer with respect to a qualifying mentored \nindividual unless the taxpayer includes the name and taxpayer \nidentification number of such qualifying mentored individual on the \nreturn of tax for the taxable year.\n ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case \nof a taxable year closed by reason of the death of the taxpayer, no \ncredit shall be allowable under this section in the case of a taxable \nyear covering a period of less than 12 months.''.\n (b) Conforming Amendments.--\n (1) Section 23(b)(4)(B) of such Code is amended by striking \n ``section 25D'' and inserting ``sections 25D and 25E''.\n (2) Section 24(b)(3)(B) of such Code is amended by \n inserting ``25E,'' after ``25D,''.\n (3) Section 25B(g)(2) of such Code is amended by inserting \n ``25E,'' after ``25D,''.\n (4) Section 25D(c)(1)(B) of such Code is amended by \n inserting ``and section 25E'' after ``this section''.\n (5) Section 26(a)(1) of such Code is amended by inserting \n ``25E,'' after ``25D,''.\n (6) Section 30(c)(2)(B)(ii) of such Code is amended by \n inserting ``25E,'' after ``25D,''.\n (7) Section 30B(i)(2)(B)(ii) of such Code is amended by \n inserting ``25E,'' after ``25D,''.\n (8) Section 30D(d)(2)(B)(ii) of such Code is amended by \n striking ``23 and 25D'' and inserting ``23, 25D, and 25E''.\n (c) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25D the following new \nitem:\n\n``Sec. 25E. Mentoring and housing certain young adults.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Amends the Internal Revenue Code to allow a tax credit to individuals who provide mentoring services to young adults between the ages of 18 and 22. Requires such individuals to participate in a one-on-one relationship as a positive role model with such young adults and to conduct meetings and activities with them on not less than a monthly basis.","title":"To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit for mentoring and housing young adults.","text_len":5578,"sum_len":348} {"bill_id":"104_hr2074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Sweetgrass Hills Protection \nAct of 1995''.\n\nSEC. 2. SPECIAL MANAGEMENT AREA.\n\n (a) In General.--For the purpose of conserving, protecting, and \nenhancing the exceptional scenic, wildlife, water quality, and cultural \ncharacteristics of lands along the Sweetgrass Hills in north central \nMontana, there is hereby established the Sweetgrass Hills Natural Area \nwithin the Bureau of Land Management's Sweetgrass Hills Area of \nCritical Environmental Concern (ACEC) as identified in the West HiLine \nResource Management Plan in the State of Montana (hereinafter in this \nAct referred to as the ``natural area'').\n (b) Area Included.--The natural area shall consist of the lands, \nwaters, and interests therein within the area generally depicted on the \nmap entitled ``Boundary Map, . . .'', numbered ________, and Dated \n__________. The map shall be on file and available for public \ninspection in the office of the Bureau of Land Management, Department \nof the Interior. The Secretary of the Interior (hereinafter in this Act \nreferred to as the ``Secretary'') may from time to time make minor \nrevisions in the boundary of the natural area to promote management \neffectiveness and efficiency in the furtherance of this Act.\n\nSEC. 3. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the natural area in \naccordance with this Act and with the provisions of law generally \napplicable to units of the Bureau of Land Management. In the \nadministration of such natural area, the Secretary may utilize such \nstatutory authority as may be available to him for the conservation of \nwildlife, natural and cultural resources, and water quality as he deems \nnecessary to carry out the purposes of this Act.\n (b) Hunting and Fishing.--The Secretary shall permit hunting and \nfishing on lands and waters within the natural area in accordance with \napplicable Federal and State law.\n\nSEC. 4. ACQUISITION OF LANDS.\n\n The Secretary is directed to acquire lands or interests in lands \nwithin the boundaries of the natural area that are necessary to carry \nout the purposes of this Act by donation, purchase with donation or \nappropriated funds, or exchange. Lands within the boundaries of the \nnatural area owned by the State of Montana or any political subdivision \nthereof may only be acquired by donation or exchange.\n\nSEC. 5. MINERALS AND MINING.\n\n (a) Withdrawals.--After the enactment of this Act:\n (1) Lands within the natural area shall not be open to \n location of mining claims under the mining laws of the United \n States.\n (2) The Secretary shall not issue any lease under the \n mineral leasing or geothermal leasing laws of the United States \n for lands within the natural area.\n (3) Lands within the natural area shall not be available \n for disposal of mineral materials under the Act of July 31, \n 1947, commonly known as the Materials Act of 1947 (30 U.S.C. \n 601 and following).\n (b) Limitation on Patent Issuance.--(1) Notwithstanding any other \nprovision of law, no patents shall be issued after July 19, 1995, for \nany location or claim made in the natural area under the mining laws of \nthe United States.\n (2) Notwithstanding any statute of limitations or similar \nrestriction otherwise applicable, any party claiming to have been \ndeprived of any property right enactment of paragraph (1) may file in \nthe United States Claims Court a claim against the United States within \none year after the date of enactment of this Act seeking compensation \nfor such property right. The United States Claims Court shall have \njurisdiction to render judgement on such claim in accordance with \nsection 1491 of title 28, United States Code.\n (c) Prohibition.--No Federal lands may be used in connection with \nany mining or mining related activities within the Natural Area.\n (d) Reclamation.--No mining or mining related activities involving \nany surface disturbance of lands or waters within such area, including \ndisturbances through subsistence, shall be permitted except in \naccordance with requirements imposed by the Secretary, including \nrequirements for reasonable reclamation of disturbed lands to a visual \nand hydrological condition as close as practicable to their premining \ncondition.\n (e) Mining Claim Validity Review.--The Secretary shall undertake \nand complete within three years after the enactment of this Act an \nexpedited program to examine all unpatented mining claims, including \nthose for which a patent application has been filed, within the natural \narea. Upon determination by the Secretary that the elements of contest \nare present, the Secretary shall immediately determine the validity of \nsuch claims. If a claim is determined to be invalid, the Secretary \nshall declare the claim null and void.\n\nSEC. 6. AUTHORIZATION FOR APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out the purposes of this Act.","summary":"Sweetgrass Hills Protection Act of 1995 - Establishes the Sweetgrass Hills Natural Area within the Bureau of Land Management's Sweetgrass Hills Area of Critical Environmental Concern in north central Montana for the purpose of conserving, protecting, and enhancing the exceptional scenic, wildlife, water quality, and cultural characteristics of such Area. Requires the Secretary of the Interior to administer the area in accordance with this Act and with the provisions of law generally applicable to units of the Bureau of Land Management. Authorizes appropriations.","title":"Sweetgrass Hills Protection Act of 1995","text_len":5074,"sum_len":568} {"bill_id":"109_s3899","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Balanced Trade Restoration Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Since the 1990s, the United States has experienced \n record trade deficits that has made the United States the \n largest debtor country in the world.\n (2) In 2005, the merchandise trade deficit of the United \n States was a record $767,000,000,000, and in 2006, the \n merchandise trade deficit of the United States is projected to \n surpass the record set in 2005.\n (3) The surging trade deficits could soon create a balance \n of payments crisis for the United States, which could wreak \n havoc with the economy of the United States.\n (4) Article XII of the General Agreement on Tariff and \n Trade (GATT 1994), annexed to the Agreement Establishing the \n World Trade Organization entered into on April 15, 1994, \n permits any member country to restrict the quantity or value of \n imports in order to safeguard the external financial position \n and the balance of payments of the member country.\n (5) In accordance with Article XII of the GATT 1994, the \n United States should take steps to restore balance to its \n merchandise trade, and safeguard its external financial \n position and its balance of payments.\n (6) The imposition of import restrictions should be phased \n in to allow the economy of the United States to absorb the \n impact of import restrictions with minimal disruption.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Balanced trade certificate; certificate.--The terms \n ``Balanced Trade Certificate'' and ``Certificate'' mean a \n certificate issued pursuant to section 4 that provides the \n holder of the certificate with a license to import into the \n United States a good with an appraised value that is equal to \n or less than the face value of the certificate.\n (2) Department.--The term ``Department'' means the \n Department of Commerce.\n (3) Oil or gas.--The term ``oil or gas'' means any good \n classifiable under--\n (A) heading 2709 of the Harmonized Tariff Schedule \n of the United States (relating to petroleum oils and \n oils obtained from bituminous minerals, crude);\n (B) heading 2710 of the Harmonized Tariff Schedule \n of the United States (relating to petroleum oils and \n oils obtained from bituminous minerals, other than \n crude); and\n (C) heading 2711 of the Harmonized Tariff Schedule \n of the United States (relating to light oils and \n preparations).\n (4) Program.--The term ``Program'' means the Balanced Trade \n Certificate Program established under section 4.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n\nSEC. 4. ESTABLISHMENT OF BALANCED TRADE PROGRAM.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary shall, in cooperation with the \nSecretary of Homeland Security, establish a Balanced Trade Certificate \nProgram within the International Trade Administration of the \nDepartment. The purpose of the Program is to create gradually balance \nbetween the dollar value of goods imported into the United States and \ngoods exported from the United States.\n (b) Regulatory Authority.--The Secretary, in cooperation with the \nSecretary of Homeland Security, shall promulgate regulations in \naccordance with section 5 that provide for--\n (1) issuing Certificates to exporters;\n (2) collecting Certificates from importers;\n (3) valuing the Certificates issued and collected; and\n (4) trading Certificates.\n\nSEC. 5. OPERATION OF THE PROGRAM.\n\n (a) Exporters.--\n (1) Issuance of certificates.--The Program established \n under section 4 shall provide for the issuance of a Certificate \n to any person who exports a good from the United States with a \n face value equivalent to a multiple of the appraised value of \n the good determined pursuant to paragraph (2).\n (2) Value of balanced trade certificates.--\n (A) Determination of value.--The Secretary shall \n establish a system for the valuation of Certificates. \n To the extent practicable, the value of a Certificate \n shall be based upon the appraised value declared on the \n shipper's export declaration (SED), in accordance with \n subparagraph (B);\n (B) System of valuation.--The value of a \n Certificate shall be determined in accordance with the \n following table:\n\n\n \n \n \nIf a Certificate is issued: The face value of the Certificate is an amount equal to:\n During the first year the Program is in 140% of the appraised value of the good exported.\n operation\n During the second year the Program is in 130% of the appraised value of the good exported.\n operation\n During the third year the Program is in 120% of the appraised value of the good exported.\n operation\n During the fourth year the Program is in 110% of the appraised value of the good exported.\n operation\n After the fourth year the Program is in 100% of the appraised value of the good exported\n operation\n\n (b) Importers.--\n (1) Submission requirement.--Except as described in \n paragraph (5), any person who imports a good into the United \n States shall submit to the Secretary of Homeland Security, not \n later than 90 days after the date on which the good enters the \n United States, a Certificate with an aggregate face value equal \n to or greater than the appraised value of the good imported \n pursuant to paragraph (2).\n (2) Valuation of imported goods.--The Secretary shall \n establish a method for the valuation of goods imported into the \n United States. The method may include the use of the declared \n dollar value of the goods on the Entry Summary (United States \n Customs and Border Protection Form 7501).\n (3) Collection of certificates.--The Secretary shall \n establish a system for the collection of Certificates submitted \n by importers to the Secretary of Homeland Security.\n (4) Penalty for failure to supply certificates.--If a \n person imports a good into the United States and fails to \n submit a Certificate with an aggregate face value equal to, or \n greater than, the value of the good imported as required by \n paragraph (1), the Secretary of Homeland Security shall--\n (A) suspend the person from importing any good \n until such time as a Certificate required by paragraph \n (1) is submitted; and\n (B) impose a penalty equal to 3 times the appraised \n value of the good imported.\n (5) Exception for oil or gas.--\n (A) Adjustment period.--During the period that \n begins on the date of the enactment of this Act and \n ends 5 years after such date, paragraph (1) shall not \n apply to a person who imports oil or gas into the \n United States.\n (B) Gradual valuation.--At the end of the period \n described in subparagraph (A), any person who imports \n oil or gas into the United States shall submit to the \n Secretary of Homeland Security, not later than 90 days \n after the date on which the oil or gas enters the \n United States, a Certificate with an aggregate face \n value equal to, or greater than, the appraised value of \n the oil or gas imported pursuant to paragraph (2), \n adjusted in accordance with the following table:\n\n\n \n \n \nIf the oil or gas is imported: The aggregate face value of the Certificate required to\n import the oil or gas is:\n During the sixth year the Program is in 60% of the appraised value of the oil or gas imported.\n operation\n During the seventh year the Program is in 70% of the appraised value of the oil or gas imported.\n operation\n During the eighth year the Program is in 80% of the appraised value of the oil or gas imported.\n operation\n During the ninth year the Program is in 90% of the appraised value of the oil or gas imported.\n operation\n After the ninth year the Program is in 100% of the appraised value of the oil or gas imported.\n operation\n\n (c) Management of Certificates.--\n (1) Certificates removed from circulation.--Upon the \n receipt of a Certificate from a person importing a good, the \n Secretary of Homeland Security, in cooperation with the \n Secretary, shall permanently remove the Certificate from \n circulation.\n (2) Transferability and limitation on validity of \n certificates.--A Certificate issued pursuant to this Act shall \n be--\n (A) fully transferable; and\n (B) valid for 365 days from the date the \n Certificate is issued.","summary":"Balanced Trade Restoration Act of 2006 - Directs the Secretary of Commerce to establish a Balanced Trade Certificate Program within the International Trade Administration of the Department of Commerce. Provides under such Program for the issuance of certificates to measure and control US imports and exports to achieve a balance in the foreign trade of the United States. Exempts importers of oil or gas during the first five years of the program.","title":"A bill to achieve balance in the foreign trade of the United States, through a market-based system of tradable certificates, and for other purposes.","text_len":9738,"sum_len":448} {"bill_id":"105_hr2085","text":"SECTION 1. EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO CHINA \n CONDITIONED ON ADHERENCE TO CODE OF CONDUCT.\n\n (a) In General.--Section 2(b) of the Export-Import Bank Act of 1945 \n(12 U.S.C. 635(b)) is amended by adding at the end the following:\n ``(f) Assistance for Exports to China Conditioned Upon Adherence to \nCode of Conduct.--\n ``(1) Prohibitions.--\n ``(A) Pre-assistance condition.--The Bank shall not \n guarantee, insure, extend credit, or participate in the \n extension of credit to an entity with respect to the \n export of any good or service destined for the People's \n Republic of China unless the Board of Directors \n determines that the entity has established and is \n adhering to the code of conduct set forth in paragraph \n (2).\n ``(B) Penalty for violation.--The Bank shall \n withdraw any guarantee, insurance, or credit that the \n Bank has provided, and shall withdraw from any \n participation in an extension of credit, to an entity \n with respect to the export of any good or service \n destined for the People's Republic of China if the \n Board of Directors determines that the entity is not \n adhering to the code of conduct set forth in paragraph \n (2).\n ``(2) Code of conduct.--An entity shall do all of the \n following in all of its operations:\n ``(A) Provide a safe and healthy workplace.\n ``(B) Ensure fair employment, including by--\n ``(i) avoiding child and forced labor, and \n discrimination based upon race, gender, \n national origin, or religious beliefs;\n ``(ii) respecting freedom of association \n and the right to organize and bargain \n collectively;\n ``(iii) paying not less than the minimum \n wage required by law or the prevailing industry \n wage, whichever is higher; and\n ``(iv) providing all legally mandated \n benefits.\n ``(C) Obey all applicable environmental laws.\n ``(D) Comply with United States and local laws \n promoting good business practices, including laws \n prohibiting illicit payments and ensuring fair \n competition.\n ``(E) Maintain, through leadership at all levels, a \n corporate culture--\n ``(i) which respects free expression \n consistent with legitimate business concerns, \n and does not condone political coercion in the \n workplace;\n ``(ii) which encourages good corporate \n citizenship and makes a positive contribution \n to the communities in which the entity \n operates; and\n ``(iii) in which ethical conduct is \n recognized, valued, and exemplified by all \n employees.\n ``(F) Require similar behavior by partners, \n suppliers, and subcontractors under terms of contracts.\n ``(G) Implement and monitor compliance with the \n subparagraphs (A) through (F) through a program that is \n designed to prevent and detect noncompliance by any \n employee or supplier of the entity and that includes--\n ``(i) standards for ethical conduct of \n employees of the entity and of suppliers which \n refer to the subparagraphs;\n ``(ii) procedures for assignment of \n appropriately qualified personnel at the \n management level to monitor and enforce \n compliance;\n ``(iii) procedures for reporting \n noncompliance by employees and suppliers;\n ``(iv) procedures for selecting qualified \n individuals who are not employees of the entity \n or of suppliers to monitor compliance, and for \n assessing the effectiveness of such compliance \n monitoring;\n ``(v) procedures for disciplinary action in \n response to noncompliance;\n ``(vi) procedures designed to ensure that, \n in cases in which noncompliance is detected, \n reasonable steps are taken to correct the \n noncompliance and prevent similar noncompliance \n from occurring; and\n ``(vii) communication of all standards and \n procedures with respect to the code of conduct \n to every employee and supplier--\n ``(I) by requiring all management \n level employees and suppliers to \n participate in a training program; or\n ``(II) by disseminating information \n orally and in writing, through posting \n of an explanation of the standards and \n procedures in prominent places \n sufficient to inform all employees and \n suppliers, in the local languages \n spoken by employees and managers.\n ``(3) Small business exception.--This subsection shall not \n apply to an entity that is a small business (within the meaning \n of the Small Business Act).''.\n (b) Annual Report.--Section 2(b)(1)(A) of such Act (12 U.S.C. \n635(b)(1)(A)) is amended by adding at the end the following: ``The Bank \nshall include in the annual report a description of the actions the \nBank has taken to comply with subsection (f) during the period covered \nby the report.''.\n (c) Sense of the Congress.--It is the sense of the Congress that \nthe Export-Import Bank of the United States and the Clearinghouse on \nCorporate Responsibility that is being developed by the Department of \nCommerce should work together to ensure that businesses are made aware \nof, and have access to, resources and organizations that can assist \nbusinesses in developing, implementing, and monitoring global codes of \ncorporate conduct.","summary":"Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank of the United States from guaranteeing, insuring, or extending credit to an entity with respect to the export of any good or service to China unless the Board of Directors of the Bank determines that such entity is adhering to certain environmental and fair employment principles under a corporate code of conduct. Expresses the sense of the Congress that the Bank and the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce should work together to ensure that businesses are made aware of, and have access to, resources and organizations that can assist them in developing and monitoring global codes of corporate conduct.","title":"To amend the Export-Import Bank Act of 1945 to ensure that the provision of assistance for exports to China is conditioned upon adherence to responsible conduct.","text_len":7002,"sum_len":744} {"bill_id":"111_s1158","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SMA Treatment Acceleration Act of \n2009''.\n\nSEC. 2. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.\n\n Part B of title IV of the Public Health Service Act is amended by \nadding at the end the following new section:\n\n``SEC. 409J. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.\n\n ``(a) Clinical Trials Network.--The Director of NIH, in \ncoordination with the Directors of the National Institute of \nNeurological Disorders and Stroke, the National Institute of Child \nHealth and Human Development, and such other Institutes and Centers as \nspecified by the Director shall provide for the upgrading and \nunification of spinal muscular atrophy clinical trial sites and the \nrecruitment of new investigators and sites to establish a national \nclinical trials network for spinal muscular atrophy. The Director of \nNIH shall ensure that such network--\n ``(1) conducts coordinated, multisite, clinical trials of \n therapies and clinical approaches to the treatment of spinal \n muscular atrophy; and\n ``(2) rapidly and efficiently disseminates scientific \n findings to the field.\n ``(b) Data Coordinating Center.--The Director of NIH, in \ncoordination with the Commissioner of Food and Drugs and the Directors \nof the National Institute of Neurological Disorders and Stroke, the \nNational Institute of Child Health and Human Development, and such \nother Institutes and Centers as specified by the Director, shall \nestablish a data coordinating center with respect to spinal muscular \natrophy to--\n ``(1) provide expert assistance in the design, conduct, \n data analysis, data management, and data warehousing of \n collaborative clinical and descriptive research projects;\n ``(2) organize and conduct multi-site monitoring \n activities;\n ``(3) provide regular reports to the National Institute of \n Neurological Disorders and Stroke, the National Institute of \n Child Health and Human Development, such other Institutes and \n Centers as specified by the Director, and the Food and Drug \n Administration on enrollment and the allocation of resources; \n and\n ``(4) conduct such other activities as are deemed necessary \n by the Secretary.\n ``(c) Pre-Clinical Activities.--The Director of NIH, in \ncoordination with the Directors of the National Institute of \nNeurological Disorders and Stroke and the National Institute of Child \nHealth and Human Development, shall expand and intensify programs of \nsuch Institutes with respect to pre-clinical translation research \nrelated to spinal muscular atrophy.''.\n\nSEC. 3. NATIONAL PATIENT REGISTRY.\n\n Part P of title III of the Public Health Service Act is amended by \nadding at the end the following new section:\n\n``SEC. 399S. NATIONAL SPINAL MUSCULAR ATROPHY PATIENT REGISTRY.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention and in coordination with \nthe Director of the NIH, shall enhance and provide ongoing support to a \nspinal muscular atrophy patient registry to provide for expanded \nepidemiological research towards improving awareness, management, \ntreatment, and prevention of spinal muscular atrophy.\n ``(b) Longitudinal Data.--In carrying out subsection (a), the \nSecretary shall ensure the collection and analysis of longitudinal data \nrelated to individuals of all ages with spinal muscular atrophy, \nincluding infants, young children, adolescents, and adults of all \nages.''.\n\nSEC. 4. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING \n COMMITTEE.\n\n Part B of title IV of the Public Health Service Act, as amended by \nsection 2, is further amended by adding at the end the following new \nsection:\n\n``SEC. 409K. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING \n COMMITTEE.\n\n ``(a) Establishment.--Not later than 6 months after the date of the \nenactment of this section, the Secretary shall establish a committee, \nto be known as the Interagency Spinal Muscular Atrophy Research \nCoordinating Committee (in this section referred to as the \n`Committee').\n ``(b) Duties.--The Committee shall--\n ``(1) share and coordinate information on existing research \n activities, and make recommendations to the National Institutes \n of Health and other Federal agencies regarding how to improve \n existing research programs, that are related to spinal muscular \n atrophy research and other related neurological diseases and \n disorders;\n ``(2) develop a comprehensive strategy related to spinal \n muscular atrophy research and other related neurological \n diseases and disorders and advise the National Institutes of \n Health and other Federal agencies, expanding proposals for \n collaborative, multidisciplinary research, including proposals \n for Common Fund research described in section 402(b)(7) and \n other proposals that involve collaboration between 2 or more \n national research institutes or national centers;\n ``(3) provide annual reports to the Secretary regarding the \n National Institutes of Health and other Federal agencies' \n collaborative multidisciplinary research efforts to support \n spinal muscular atrophy, including the Spinal Muscular Atrophy \n Project at the National Institute of Neurological Disorders and \n Stroke, the ongoing and future research needs to advance \n therapies for spinal muscular atrophy, and recommendations on \n how to strengthen the collaboration of research activities by \n the institutes and agencies to improve the results;\n ``(4) develop a summary of advances in research related to \n spinal muscular atrophy research and other related neurological \n diseases and disorders research supported or conducted by \n Federal agencies; and\n ``(5) not later than 1 year after the date of the \n establishment of the Committee, make recommendations to the \n Secretary--\n ``(A) regarding any appropriate changes to research \n activities, including recommendations to improve the \n research portfolio of the National Institutes of Health \n to ensure that scientifically-based strategic planning \n is implemented in support of research priorities that \n impact research activities related to spinal muscular \n atrophy and other related neurological diseases and \n disorders;\n ``(B) identifying barriers to the development of \n new treatments and cures for spinal muscular atrophy \n and other related neurological diseases and disorders;\n ``(C) regarding public participation in decisions \n relating to spinal muscular atrophy research and other \n related neurological diseases and disorders to increase \n the involvement of patient advocacy and community \n organizations representing a broad geographical area;\n ``(D) on how best to disseminate information on \n spinal muscular atrophy progress; and\n ``(E) on how to expand partnerships between public \n entities, including Federal agencies, and private \n entities to expand collaborative, cross-cutting \n research.\n ``(c) Rule of Construction.--In carrying out the duties described \nin subsection (b) with respect to research on spinal muscular atrophy, \nnothing in this section shall be construed to restrict the Secretary \nfrom including other neurological or genetic disorders, as appropriate, \nin such research if doing so may advance research in spinal muscular \natrophy or other related neurological diseases and disorders.\n ``(d) Membership.--\n ``(1) In general.--The Committee shall be composed of the \n following voting members:\n ``(A) Not more than 11 voting Federal \n representatives as follows:\n ``(i) The Director of the Centers for \n Disease Control and Prevention.\n ``(ii) The Director of the National \n Institutes of Health and the directors of such \n national research institutes and national \n centers (which shall include the National \n Institute of Neurological Disorders and Stroke, \n the National Institute of Child Health and \n Human Development, and the National Center for \n Research Resources) as the Secretary determines \n appropriate.\n ``(iii) The Commissioner of Food and Drugs.\n ``(iv) The heads of such other agencies and \n advisory committees as the Secretary determines \n appropriate, including the Health Resources and \n Services Administration, the Agency for \n Healthcare Research and Quality, and the \n Advisory Committee on Heritable Disorders and \n Genetic Diseases in Newborns and Children.\n ``(v) Representatives of other Federal \n agencies that conduct or support neurological \n research, or provide support services and \n resources for individuals with spinal muscular \n atrophy, such as the Department of Education \n and the Social Security Administration.\n ``(B) 9 additional voting members appointed under \n paragraph (2).\n ``(2) Additional members.--The Committee shall include \n additional voting members appointed by the Secretary as \n follows:\n ``(A) 6 members shall be appointed from among \n scientists, physicians, and other health professionals, \n who--\n ``(i) are not officers or employees of the \n United States;\n ``(ii) represent multiple disciplines, \n including clinical, basic, and public health \n sciences;\n ``(iii) represent different geographical \n regions of the United States;\n ``(iv) are from practice settings, \n academia, or other research settings; and\n ``(v) are experienced in scientific peer \n review process.\n ``(B) 3 members shall be appointed from members of \n the general public, who represent individuals with \n spinal muscular atrophy.\n ``(3) Nonvoting members.--The Committee shall include such \n nonvoting members as the Secretary determines to be \n appropriate.\n ``(e) Chairperson.--The voting members of the Committee shall \nselect a chairperson from among the Federal members of the Committee \ndescribed in subsection (d)(1)(A). The selection of a chairperson may \nbe subject to the approval of the Secretary. The chairperson shall \nserve for a term of not to exceed 2 years, but may be re-elected as \nprovided for in the first sentence.\n ``(f) Meetings.--The Committee shall meet at the call of the \nchairperson of the Committee or upon the request of the Secretary, but \nin no case less often than once each year.\n ``(g) Review.--In 2012, and biennially thereafter, the Secretary \nshall review the necessity of the Committee.''.\n\nSEC. 5. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS.\n\n Part P of title III of the Public Health Service Act, as amended by \nsection 3, is further amended by adding at the end the following new \nsection:\n\n``SEC. 399T. INFORMATION AND EDUCATION ON SMA.\n\n ``The Secretary shall establish and implement a program to provide \ninformation and education on spinal muscular atrophy to health \nprofessionals and the general public, including information and \neducation on advances in the screening, diagnosis, and treatment of \nspinal muscular atrophy and training and continuing education through \nprograms for scientists, physicians, medical students, and other health \nprofessionals who provide care for patients with spinal muscular \natrophy.''.","summary":"SMA Treatment Acceleration Act of 2009 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish a national clinical trials network for spinal muscular atrophy by upgrading and unifying spinal muscular atrophy clinical trial sites and recruiting new investigators and sites. Requires the Director to ensure that such network: (1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy. And (2) rapidly and efficiently disseminates scientific findings to the field. Requires the Director to: (1) establish a data coordinating center with respect to spinal muscular atrophy. And (2) expand and intensify NIH programs with respect to preclinical translation research related to spinal muscular atrophy. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and support a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. Requires the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages. Directs the Secretary to establish the Interagency Spinal Muscular Atrophy Research Coordinating Committee. Sets forth the duties of the Committee, including to develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders. Requires the Secretary to establish a program to provide information and education on spinal muscular atrophy to health professionals and the general public.","title":"A bill to authorize the Secretary of Health and Human Services to conduct activities to rapidly advance treatments for spinal muscular atrophy, neuromuscular disease, and other pediatric diseases, and for other purposes.","text_len":12858,"sum_len":1752} {"bill_id":"105_s1599","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Human Cloning Prohibition Act of \n1998''.\n\nSEC. 2. FINDING.\n\n Congress finds that in order to prevent the creation of a cloned \nhuman individual through human somatic cell nuclear transfer \ntechnology, it is right and proper to prohibit the creation of cloned \nhuman embryos that would never have the opportunity for implantation \nand that would therefore be created solely for research that would \nultimately lead to their destruction.\n\nSEC. 3. PROHIBITION ON CLONING.\n\n (a) In General.--Title 18, United States Code, is amended by \ninserting after chapter 15, the following:\n\n ``CHAPTER 16--CLONING\n\n ``Sec.\n ``301. Prohibition on cloning.\n``Sec. 301 Prohibition on cloning\n ``(a) In General.--It shall be unlawful for any person or entity, \npublic or private, in or affecting interstate commerce, to use human \nsomatic cell nuclear transfer technology.\n ``(b) Importation.--It shall be unlawful for any person or entity, \npublic or private, to import an embryo produced through human somatic \ncell nuclear transfer technology.\n ``(c) Penalties.--\n ``(1) In general.--Any person or entity who is convicted of \n violating any provision of this section shall be fined \n according to the provisions of this title or sentenced to up to \n 10 years in prison, or both.\n ``(2) Civil penalty.--Any person or entity who is convicted \n of violating any provision of this section shall be subject to, \n in the case of a violation that involves the derivation of a \n pecuniary gain, a civil penalty of not more than an amount \n equal to the amount of the gross gain multiplied by 2.\n ``(d) Definition.--The term `human somatic cell nuclear transfer \ntechnology' means taking the nuclear material of a human somatic cell \nand incorporating it into an oocyte from which the nucleus has been \nremoved or rendered inert and producing an embryo (including a \npreimplantation embryo).''.\n (b) Clerical Amendment.--The table of chapters for part I of title \n18, United States Code, is amended by inserting after the item relating \nto chapter 15, the following:\n\n``16. Cloning Sec. 301''....................................\n\nSEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS.\n\n (a) Establishment.--There is established within the Institute of \nMedicine a commission to be known as the National Commission to Promote \na National Dialogue on Bioethics (referred to in this section as the \n``Commission'').\n (b) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 25 members, of whom--\n (A) 6 shall be appointed by the Majority Leader of \n the Senate;\n (B) 6 shall be appointed by the Minority Leader of \n the Senate;\n (C) 6 shall be appointed by the Speaker of the \n House of Representatives; and\n (D) 6 shall be appointed by the Minority Leader of \n the House of Representatives; and\n (E) 1, who shall serve as the Chairperson of the \n Commission, to be appointed jointly by the Majority \n Leader of the Senate, and the Speaker of the House of \n Representatives, in consultation with the Minority \n Leader of the Senate and the Minority Leader of the \n House of Representatives.\n (2) Requirements.--Each individual described in \n subparagraph (A) through (D) of paragraph (1) shall ensure that \n members appointed to the Commission are representative of the \n fields of law, theology, philosophy or ethics, medicine, \n science, and society.\n (3) Deadline for appointment.--Members of the Commission \n shall be appointed by not later than December 1, 1998.\n (4) Terms of appointment.--A member of the Commission \n appointed under paragraph (1) shall serve for a term of 3 \n years. Members may not serve consecutive terms.\n (5) Meetings.--The Commission shall meet at the call of its \n Chairperson or a majority of its members.\n (6) Quorum.--A quorum shall consist of 13 members of the \n Commission.\n (7) Vacancies.--A vacancy on the Commission shall be filled \n in the same manner in which the original appointment was made \n not later than 30 days after the Commission is given notice of \n the vacancy and shall not affect the power of the remaining \n members to execute the duties of the Commission.\n (8) Compensation.--Members of the Commission shall receive \n no additional pay, allowances, or benefits by reason of their \n service on the Commission.\n (9) Expenses.--Each member of the Commission shall receive \n travel expenses and per diem in lieu of subsistence in \n accordance with sections 5702 and 5703 of title 5, United \n States Code.\n (c) Duties of the Commission.--The Commission shall provide an \nindependent forum for broad public participation and discourse \nconcerning important bioethical issues including cloning, and provide \nfor a report to Congress concerning the findings, conclusions, and \nrecommendations of the Commission concerning Federal policy and \npossible Congressional action.\n (d) Staff and Support Services.--\n (1) Staff.--With the approval of the Commission, the \n chairperson of the Commission may appoint such personnel as the \n chairperson considers appropriate.\n (2) Applicability of civil service laws.--The staff of the \n Commission shall be appointed without regard to the provisions \n of title 5, United States Code, governing appointments in the \n competitive service, and shall be paid without regard to the \n provisions of chapter 51 and subchapter III of chapter 53 of \n such title (relating to classification and General Schedule pay \n rates).\n (3) Experts and consultants.--With the approval of the \n Commission, the chairperson may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code.\n (4) Physical facilities.--The Administrator of the General \n Services Administration shall locate suitable office space for \n the operation of the Commission. The facilities shall serve as \n the headquarters of the Commission and shall include all \n necessary equipment and incidentals required for the proper \n functioning of the Commission.\n (e) Powers of Commission.--\n (1) Hearings and other activities.--For the purpose of \n carrying out its duties, the Commission may hold such public \n hearings and undertake such other activities as the Commission \n determines to be necessary to carry out its duties.\n (2) Detail of federal employees.--Upon the request of the \n Commission, the head of any Federal agency is authorized to \n detail, without reimbursement, any of the personnel of such \n agency to the Commission to assist the Commission in carrying \n out its duties. Any such detail shall not interrupt or \n otherwise affect the civil service status or privileges of the \n Federal employee.\n (3) Technical assistance.--Upon the request of the \n Commission, the head of a Federal agency shall provide such \n technical assistance to the Commission as the Commission \n determines to be necessary to carry out its duties.\n (4) Use of mails.--The Commission may use the United States \n mails in the same manner and under the same conditions as \n Federal agencies and shall, for purposes of the frank, be \n considered a commission of Congress as described in section \n 3215 of title 39, United States Code.\n (5) Obtaining information.--The Commission may secure \n directly from any Federal agency information necessary to \n enable it to carry out its duties, if the information may be \n disclosed under section 552 of title 5, United States Code. \n Upon request of the Chairperson of the Commission, the head of \n such agency shall furnish such information to the Commission.\n (6) Administrative support services.--Upon the request of \n the Commission, the Administrator of General Services shall \n provide to the Commission on a reimbursable basis such \n administrative support services as the Commission may request.\n (7) Printing.--For purposes of costs relating to printing \n and binding, including the cost of personnel detailed from the \n Government Printing Office, the Commission shall be deemed to \n be a committee of the Congress.\n (f) Subcommittees.--\n (1) In general.--The Commission shall establish 6 \n subcommittees, including--\n (A) a subcommittee on legal issues;\n (B) a subcommittee on theological issues;\n (C) a subcommittee on philosophical and ethical \n issues;\n (D) a subcommittee on medical issues;\n (E) a subcommittee on scientific issues; and\n (F) a subcommittee on social issues.\n (2) Membership.--With respect to the issues for which each \n subcommittee has been established, each subcommittee shall be \n composed of--\n (A) 1 expert to be appointed by the members of the \n Committee who were appointed under subparagraphs (A) \n and (C) of subsection (b)(1);\n (B) 1 expert to be appointed by the members of the \n Committee who were appointed under subparagraphs (B) \n and (D) of subsection (b)(1);\n (C) 1 individual operating in the private sector \n who is acquainted with the issues but who is not an \n expert to be appointed by the members of the Committee \n who were appointed under subparagraphs (A) and (C) of \n subsection (b)(1);\n (D) 1 individual operating in the private sector \n who is acquainted with the issues but who is not an \n expert to be appointed by the members of the Committee \n who were appointed under subparagraphs (B) and (D) of \n subsection (b)(1); and\n (E) 4 members of the Commission with relevant \n expertise.\n (3) Meetings.--Meetings of the subcommittees shall be \n approved by the Commission.\n (g) Report.--Not later than December 31, 1999, and annually \nthereafter, the Commission shall prepare and submit to the appropriate \ncommittees of Congress a report which shall contain a detailed \nstatement of the recommendations, findings, and conclusions of the \nCommission.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH.\n\n Nothing in this Act (or an amendment made by this Act) shall be \nconstrued to restrict areas of scientific research that are not \nspecifically prohibited by this Act (or amendments).\n\nSEC. 6. SENSE OF CONGRESS.\n\n It is the sense of Congress that the Federal Government should \nadvocate for and join an international effort to prohibit the use of \nhuman somatic cell nuclear transfer technology to produce a human \nembryo.","summary":"Human Cloning Prohibition Act of 1998 - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology. And (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both. And (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.","title":"Human Cloning Prohibition Act of 1998","text_len":11825,"sum_len":1008} {"bill_id":"108_hr2863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intermodal Equipment Safety and \nResponsibility Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Promoting safety on our Nation's highways is a national \n priority. The Department of Transportation has promulgated the \n Federal Motor Carrier Safety Regulations to further this \n purpose. The systematic maintenance, repair, and inspection of \n equipment traveling in interstate commerce are an integral part \n of the safety regime.\n (2) Intermodal transportation plays a significant role in \n expanding our Nation's commerce. The Nation's economy depends \n heavily upon the ability to transport goods via the various \n modes of transportation.\n (3) Motor carriers and their drivers often receive \n trailers, chassis, containers and other pieces of intermodal \n equipment to be transported in interstate commerce. Motor \n carriers do not, however, possess the requisite level of \n control or authority over this intermodal equipment to perform \n the systematic maintenance, repair and inspection necessary to \n ensure compliance with the Federal Motor Carrier Safety \n Regulations and to ensure the safety of our Nation's highways.\n (4) As a result of roadside inspections, motor carriers and \n their drivers are cited and fined for violations of the Federal \n Motor Carrier Safety Regulations attributable to intermodal \n equipment that motor carriers and their drivers neither \n systematically maintain nor have the opportunity to \n systematically maintain. Additionally, violations of the \n Federal Motor Carrier Safety Regulations attributable to \n intermodal equipment are assigned to the motor carrier's safety \n record. Congress should exercise its power to ensure that only \n those parties who control the equipment, thus having the \n opportunity and authority to systematically maintain, repair \n and inspect intermodal equipment, assume responsibility for the \n safety of that equipment as it travels in interstate commerce.\n\nSEC. 3. DEFINITIONS.\n\n Section 5901 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(9) Motor carrier.--The term `motor carrier' means a \n person providing motor vehicle transportation for compensation \n or a motor private carrier as that term is defined in chapter \n 131 of this title.\n ``(10) Equipment.--The term `equipment' means equipment \n commonly used in the road transport of intermodal freight, \n including trailers, chassis, containers and associated devices, \n and used as an instrumentality of foreign or interstate \n commerce.\n ``(11) Equipment interchange agreement.--The term \n `equipment interchange agreement' means a written document \n executed by an equipment controller or its agent and a motor \n carrier which establishes the responsibilities and liabilities \n of both parties as they relate to the interchange of the \n equipment.\n ``(12) Equipment controller.--The term `equipment \n controller' means any party with any legal right, title, or \n interest in the equipment, except that a motor carrier is not \n an equipment controller only because of providing or arranging \n for any part of the intermodal transportation of the equipment. \n In no instance shall a motor carrier who has not been \n contractually delegated responsibility for systematic \n maintenance and repair of equipment be considered a controller \n of that equipment.\n ``(13) Interchange.--The term `interchange' means the act \n of providing equipment to a motor carrier for the purpose of \n transporting the equipment for loading or unloading by any \n party or repositioning the equipment for the benefit of the \n equipment controller. Such term does not mean the leasing of \n equipment to a motor carrier for use in the motor carrier's \n over-the-road freight hauling operations.\n ``(14) Federal motor carrier safety regulations.--The term \n `Federal Motor Carrier Safety Regulations' means the \n regulations promulgated by the United States Department of \n Transportation governing the condition and maintenance of \n commercial motor vehicles as set forth in title 49 of the Code \n of Federal Regulations.''.\n\nSEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5910. Jurisdiction over equipment controller\n ``The authority of the Secretary of Transportation to prescribe \nregulations on commercial motor vehicle safety under section 31136 \nshall apply to controllers of equipment that is interchanged or \nintended to be interchanged.''.\n\nSEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5911. Equipment inspection, repair, and maintenance\n ``(a) Notwithstanding any provision in an equipment interchange \nagreement to the contrary, an equipment controller shall be responsible \nand held liable for the systematic inspection, maintenance, and repair \nof equipment interchanged or intended for interchange. An equipment \ncontroller shall, each time prior to offering a motor carrier agent the \nequipment for interchange, inspect the equipment and provide such \nmaintenance on, and make such repairs to, the equipment to ensure such \nequipment complies with all applicable Federal Motor Carrier Safety \nRegulations at all times. At no time shall a motor carrier agent be \noffered equipment that has not been inspected and repaired as necessary \nto comply with such regulations.\n ``(b) In the event that a repair to the equipment interchanged is \nrequired while in a motor carrier's possession in order to comply with \nthe Federal Motor Carrier Safety Regulations, the equipment controller \nshall promptly reimburse the motor carrier for the actual expenses \nincurred and time spent by the motor carrier for the necessary repair.\n ``(c) The equipment controller shall not be liable under subsection \n(b) if the motor carrier's negligence or willful misconduct caused the \ncondition requiring repair under subsection (b).''.\n\nSEC. 6. SAFETY COMPLIANCE.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5912. Compliance with safety regulations\n ``(a) Equipment Controller Liability.--Notwithstanding any \nprovision in an equipment interchange agreement to the contrary, the \nequipment controller shall be liable for all violations of the Federal \nMotor Carrier Safety Regulations attributable to the controller's \nequipment and shall pay any applicable fines, penalties, and damages \nresulting from the equipment's violation of such regulations; except \nthat the equipment controller shall not be liable for violations of \nsuch regulations attributable to the controller's equipment that are \nproximately caused by the motor carrier's or motor carrier's agent's \nnegligence or willful misconduct.\n ``(b) Motor Carrier's Limited Liability.--Except as provided in \nsubsection (a), a motor carrier and any motor carrier agent who \nreceives equipment through interchange shall not be liable for any \nviolation of the Federal Motor Carrier Safety Regulations attributable \nto that equipment.\n ``(c) Limitation on Effect.--No record or report of a violation of \nthe Federal Motor Carrier Safety Regulations, whether issued by a \nFederal, State, or local law enforcement authority, attributable to \nequipment interchanged shall have any effect on a motor carrier's \noverall safety rating or safety status measurement system score, as \ndetermined by the Federal Motor Carrier Safety Administration, or on a \nmotor carrier's agent's driving record unless such violation was \nproximately caused by the motor carrier's or motor carrier's agent's \nnegligence or willful misconduct.\n ``(d) Procedure for Records Corrections.--The Secretary of \nTransportation shall establish, within 6 months of the date of \nenactment of this section, an expedited procedure to correct records or \nreports of violations that should not have impacted a motor carrier or \na motor carrier agent under subsection (c).''.\n\nSEC. 7. AUTHORITY TO INSPECT.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5913. Authority to inspect\n ``(a) The Secretary of Transportation is authorized to enter into \nthe facility of an equipment controller to inspect and determine if \nequipment intended to be interchanged for use on a public highway \ncomplies with all applicable Federal Motor Carrier Safety Regulations.\n ``(b) The Secretary shall establish and implement with appropriate \nstaffing an inspection and audit program at facilities of equipment \ncontrollers to determine the compliance of equipment intended to be \ninterchanged for use on a public highway with the Federal Motor Carrier \nSafety Regulations. Inspection of equipment and the equipment's \ncorresponding maintenance records shall take place no less than once \nevery 3 months.\n ``(c) Equipment that fails to comply with the Federal Motor Carrier \nSafety Regulations during the inspection in subsection (b) shall be \nplaced out of service and shall not be used on a public highway until \nsuch time as repairs have been completed. Repairs of equipment placed \nout of service shall be documented in the equipment's corresponding \nmaintenance records.\n ``(d) The Secretary may establish fines against equipment \ncontrollers for violations of section 5911.''.\n\nSEC. 8. PENALTIES FOR RETALIATION.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5914. Penalties for retaliation\n ``(a) An equipment controller shall not take any action to \nthreaten, coerce, discipline, discriminate, or otherwise retaliate \nagainst a motor carrier or motor carrier agent who requests maintenance \nor repair of equipment intended for interchange in order to comply with \nthe Federal Motor Carrier Safety Regulations.\n ``(b) For purposes of this section, `retaliation' shall include, \nbut not be limited to, failing to provide compliant equipment within 60 \nminutes from the time an agent for a motor carrier that has been \nrequested to pick up equipment arrives to pick up such equipment.\n ``(c) An equipment controller who violates subsection (a) shall be \nliable to the United States Government for a civil penalty of up to \n$10,000 for each violation.''.\n\nSEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY.\n\n Chapter 59 of title 49, United States Code, is further amended by \nadding at the end the following:\n``Sec. 5915. Maintenance responsibility\n ``An equipment controller is prohibited from delegating its \nresponsibility to systematically maintain and repair equipment intended \nfor interchange to a motor carrier or motor carrier agent in an \nequipment interchange agreement.''.\n\nSEC. 10. COMPATIBILITY OF STATE LAWS.\n\n (a) In General.--Chapter 59 of title 49, United States Code, is \nfurther amended by adding at the end the following:\n``Sec. 5916. Compatibility of State laws\n ``(a) Except as provided in subsection (b) and unless authorized by \nanother law of the United States, a law, regulation, order, or other \nrequirement of a State, political subdivision of a State, or Indian \ntribe is preempted if complying with a requirement of the State, \npolitical subdivision, or tribe and a requirement of this chapter or a \nregulation prescribed under this chapter is not possible.\n ``(b) A law, regulation, order, or other requirement of a State, \npolitical subdivision of a State, or Indian tribe shall remain in \neffect if compatible with this chapter or any regulations prescribed \nunder this chapter but more stringent.''.\n (b) Conforming Amendment.--The analysis for such chapter is amended \nby adding at the end the following:\n\n``5910. Jurisdiction over equipment controller.\n``5911. Equipment inspection, repair, and maintenance.\n``5912. Compliance with safety regulations.\n``5913. Authority to inspect.\n``5914. Penalties for retaliation.\n``5915. Maintenance responsibility.\n``5916. Compatibility of State laws.''.\n\nSEC. 11. IMPLEMENTING REGULATIONS.\n\n (a) Federal Regulations.--The Secretary of Transportation, after \nnotice and opportunity for comment, shall issue regulations, as \nappropriate, implementing the provisions of this Act. The regulations \nshall be issued as part of the Federal Motor Carrier Safety \nRegulations. The implementing regulations shall include provisions to--\n (1) identify controllers of equipment interchanged or \n intended for interchange;\n (2) match such equipment readily to its controller through \n a unique identifying number;\n (3) ensure that each equipment controller maintains a \n system of maintenance and repair records;\n (4) evaluate equipment controllers' compliance with the \n Federal Motor Carrier Safety Regulations;\n (5) prohibit equipment controllers who fail to attain \n satisfactory compliance with such regulations from authorizing \n the placement of equipment on the public highways;\n (6) consider the effect that adequate maintenance \n facilities may have on the resulting safe condition of \n equipment;\n (7) provide for a process by which motor carriers and \n agents may anonymously petition the Federal Motor Carrier \n Safety Administration to undertake an investigation of a \n noncompliant equipment controller;\n (8) establish administrative procedures to resolve disputes \n arising under this Act, including the amendments made by this \n Act; and\n (9) establish the inspection and audit program 5913(b) of \n title 49, United States Code.\n (b) Deadlines.--The regulations required under subsection (a) shall \nbe developed pursuant to a rulemaking proceeding initiated within 120 \ndays after the date of enactment of this Act and shall be issued not \nlater than one year after such date of enactment. Effective on the date \nof enactment of this Act, and until such time as final regulations are \nissued, no motor carrier or motor carrier agent may be issued a \ncitation for violations on equipment interchanged (as defined in \nsection 5901 of title 49, United States Code) to them except by the \nprovisions of this Act.\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $7,000,000 for each of \nfiscal years 2004, 2005, 2006, 2007, and 2008 to the Federal Motor \nCarrier Safety Administration for the establishment and implementation \nof the inspection program under section 5913 of title 49, United States \nCode.\n\nSEC. 13. EFFECTIVE DATE.\n\n Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall be effective \n30 days after the date of enactment of this Act.","summary":"Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects an equipment controller to liability for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. Requires an equipment controller: (1) prior to offering a motor carrier agent the equipment for interchange, to inspect the equipment and perform maintenance and repairs to the equipment to ensure that it complies with all applicable Federal Motor Carrier Safety Regulations. And (2) to promptly reimburse the motor carrier for actual expenses incurred and time spent by the motor carrier for any repair required to interchanged equipment to comply with the Regulations while in a motor carrier's possession. Makes an equipment controller liable for all violations of the Regulations attributable to the controller's equipment. Directs the controller to pay any applicable fines, penalties, and damages resulting from such violations, except for violations attributable to the controller's equipment that are proximately caused by the motor carrier's negligence or willful misconduct. Authorizes the Secretary of Transportation to conduct inspections. Prohibits an equipment controller from: (1) retaliating against a motor carrier who requests maintenance or repair of equipment intended for interchange to comply with the Regulations. And (2) delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier in an equipment interchange agreement.","title":"To amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.","text_len":15408,"sum_len":1522} {"bill_id":"115_hr5709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Illegal Radio Abuse \nThrough Enforcement Act'' or the ``PIRATE Act''.\n\nSEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS.\n\n Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) \nis amended by adding at the end the following new section:\n\n``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; \n ENFORCEMENT SWEEPS; REPORTING.\n\n ``(a) Increased General Penalty.--Any person who willfully and \nknowingly does or causes or suffers to be done any pirate radio \nbroadcasting shall be subject to a fine of not more than $2,000,000.\n ``(b) Violation of This Act, Rules, or Regulations.--Any person who \nwillfully and knowingly violates this Act or any rule, regulation, \nrestriction, or condition made or imposed by the Commission under \nauthority of this Act, or any rule, regulation, restriction, or \ncondition made or imposed by any international radio or wire \ncommunications treaty or convention, or regulations annexed thereto, to \nwhich the United States is or may hereafter become party, relating to \npirate radio broadcasting shall, in addition to any other penalties \nprovided by law, be subject to a fine of not more than $100,000 for \neach day during which such offense occurs, in accordance with the limit \ndescribed in subsection (a).\n ``(c) Facilitation.--Any person who knowingly and intentionally \nfacilitates pirate radio broadcasting shall be subject to a fine of not \nmore than $2,000,000.\n ``(d) Annual Report.--Not later than 1 year after the date of \nenactment of the PIRATE Act, and annually thereafter, the Commission \nshall submit to the House Committee on Energy and Commerce and the \nSenate Committee on Commerce, Science, and Transportation a report \nsummarizing the implementation of this section and associated \nenforcement activities for the previous fiscal year, which may include \nthe efforts by the Commission to enlist the cooperation of Federal, \nState, and local law enforcement personnel (including United States \nAttorneys and the United States Marshals Service) for service of \nprocess, collection of fines or forfeitures, seizures of equipment, and \nenforcement of orders.\n ``(e) Enforcement Sweeps.--\n ``(1) Annual sweeps.--Not less than once each year, the \n Commission shall assign appropriate enforcement personnel to \n focus specific and sustained attention on the elimination of \n pirate radio broadcasting within the top five radio markets \n identified as prevalent for such broadcasts. Such effort shall \n include identifying, locating, and taking enforcement actions \n designed to terminate such operations.\n ``(2) Additional monitoring.--Within 6 months after \n conducting the enforcement sweeps required by paragraph (1), \n the Commission shall conduct monitoring sweeps to ascertain \n whether the pirate radio broadcasting identified by enforcement \n sweeps is continuing to broadcast and whether additional pirate \n radio broadcasting is occurring.\n ``(3) No effect on remaining enforcement.--Notwithstanding \n paragraph (1), the Commission shall not decrease or diminish \n the regular enforcement efforts targeted to pirate radio \n broadcast stations for other times of the year.\n ``(f) State and Local Government Authority.--The Commission may not \npreempt any State or local law prohibiting pirate radio broadcasting.\n ``(g) Revision of Commission Rules Required.--The Commission shall \nrevise its rules to require that, absent good cause, in any case \nalleging a violation of subsection (a) or (b), the Commission shall \nproceed directly to issue a `Notice of Apparent Liability' without \nfirst issuing a `Notice of Unlicensed Operations'.\n ``(h) Pirate Radio Broadcasting Database.--\n ``(1) In general.--Not later than 90 days after the date of \n the enactment of this section, and semi-annually thereafter, \n the Commission shall publish a database in a clear and legible \n format of all licensed radio stations operating in the AM and \n FM bands. The database shall be easily accessible from the \n Commission home page through a direct link. The database shall \n include the following information:\n ``(A) Each licensed station, listed by the assigned \n frequency, channel number, or Commission call letters.\n ``(B) All entities that have received a Notice of \n Unlicensed Operation, Notice of Apparent Liability, or \n Forfeiture Order by the Commission.\n ``(2) Clear identification.--The Commission shall clearly \n identify in the database--\n ``(A) each licensed station as a station licensed \n by the Commission; and\n ``(B) each entity described in paragraph (1)(B) as \n operating without a Commission license or \n authorization.\n ``(i) Definitions.--In this section:\n ``(1) Pirate radio broadcasting.--The term `pirate radio \n broadcasting' means the transmission of communications on \n spectrum frequencies between 535 to 1705 kHz or 87.7 to 108 MHz \n without a license issued by the Federal Communications \n Commission, but does not include unlicensed operations in \n compliance with part 15 of title 47, Code of Federal \n Regulations.\n ``(2) Facilitates.--The term `facilitates' means providing \n access to property (and improvements thereon) or providing \n physical goods or services, including providing housing, \n facilities, or financing, that directly aid pirate radio \n broadcasting.\n ``(3) Knowingly and intentionally.--The term `knowingly and \n intentionally' means the person was previously served by the \n Commission with a notice of unlicensed operations, notice of \n apparent liability, or citation for efforts to facilitate \n pirate radio broadcasting.''.\n\nSEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to be appropriated to carry out \nthis Act or the amendment made by\n\n\n \n\n this Act. This Act and the amendment made by this Act shall be carried \nout using amounts otherwise authorized.\n\n Passed the House of Representatives July 23, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act This bill amends the Communications Act of 1934 to address unlicensed radio broadcasting , including: increasing the fine for a pirate radio broadcasting violationnbsp. To not more than $2 million, imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit, and establishingnbsp, anbsp, fine of up tonbsp, $2 millionnbsp, for any person who facilitates pirate radio broadcasting . nbsp, nbsp, nbsp. The FCC must: (1) annually report to Congress summarizing implementation of this bill and associated enforcement activities for the previous fiscal year. And (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets. The FCC may not preempt any state or local law prohibiting pirate radio broadcasting. The FCC shall: (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations. And (2) publish a database of all licensed radio stations operating in the AM and FM bands, which shall be easily accessible from the FCC home page, identifying each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the FCC. No additional funds are authorized to carry out this bill.","title":"Preventing Illegal Radio Abuse Through Enforcement Act","text_len":6659,"sum_len":1549} {"bill_id":"106_hr5025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Maritime Safety Act of 2000''.\n\nSEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK \n VESSELS.\n\n Subtitle II of title 46, United States Code, is amended--\n (1) in the analysis at the beginning of the subtitle, by \n adding after the item relating to chapter 147 the following:\n\n``48. Response plans for nontank vessels................... 4801'';\n and\n (2) by adding at the end of part B the following:\n\n ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS\n\n``Sec.\n``4801. Definitions.\n``4802. Application.\n``4803. General response plan requirement.\n``4804. Regulations.\n``4805. Submittal of response plans.\n``4806. Review and approval of response plans.\n``Sec. 4801. Definitions\n ``In this chapter:\n ``(1) The term `covered vessel' means a vessel to which \n this chapter applies.\n ``(2) The term `maritime cooperative' means any association \n established by any combination of owners or operators of marine \n terminals, marine facilities, or vessels, vessel agents, or \n maritime industry groups, that provides oil spill response \n planning and oil spill-related communications services.\n ``(3) The term `response plan' means a plan for the \n prevention of oil spills and the containment and cleanup of oil \n spills from the navigable waters of the United States and for \n the protection of fisheries and wildlife, natural resources, \n and public and private property from such a spill.\n``Sec. 4802. Application\n ``This chapter applies to any vessel over 300 gross tons carrying \noil as fuel on the navigable waters of the United States, other than--\n ``(1) a tank vessel; and\n ``(2) a fishing vessel.\n``Sec. 4803. General response plan requirement\n ``(a) After June 1, 2001, a vessel subject to this chapter may not \noperate on the navigable waters of the United States unless a response \nplan for that operation has been approved by the Secretary and \nimplemented.\n ``(b) Approval of a response plan by the Secretary under this \nsection must be renewed at least once every 5 years.\n``Sec. 4804. Regulations\n ``Not later than January 1, 2003, the Secretary shall issue \nregulations establishing the minimum requirements for approval of \nresponse plans required under this chapter. The regulations shall \nrequire that each such response plan--\n ``(1) include complete details concerning the response to \n oil spills of various sizes from vessels to which the plan \n applies;\n ``(2) to the maximum extent practicable, be designed in \n terms of personnel, materials, and equipment, necessary to \n remove oil and minimize any damage to the environment resulting \n from a maximum probable spill and a worse case spill;\n ``(3) describe how the response plan relates to and is \n coordinated with contingency plans developed by a State, \n cooperative, port, or regional entity;\n ``(4) provide procedures for early detection of an oil \n spill and timely notification of appropriate Federal, State, \n and local authorities about the spill in accordance with \n applicable State and Federal law;\n ``(5) demonstrate ownership of or access to an emergency \n response communications network that--\n ``(A) covers all locations of operation or transit \n by the vessel to which the response plan applies; and\n ``(B) provides for immediate notification and \n continual emergency communications during cleanup \n response;\n ``(6) state the number, training preparedness, and fitness \n of all dedicated, prepositioned personnel assigned to implement \n the plan;\n ``(7) incorporate periodic training and drill programs to \n evaluate whether the personnel and equipment provided under the \n plan are in a state of operational readiness at all times;\n ``(8) state the means of protecting and mitigating the \n effects of an oil spill on the environment;\n ``(9) provide a detailed description of equipment, \n training, and procedures to be used by the crew of a vessel to \n minimize vessel damage, and to stop or reduce oil spilling from \n the vessel;\n ``(10) provide arrangements for prepositioning oil spill \n containment and cleanup equipment and trained personnel;\n ``(11) provide arrangements for enlisting the use of \n qualified and trained cleanup personnel to implement the plan;\n ``(12) provide for the disposal of recovered oil in \n accordance with local, State, and Federal law;\n ``(13) state the measures that have been taken to reduce \n the likelihood that an oil spill will occur; and\n ``(14) state the amount and type of equipment available to \n respond to a spill, where the equipment is located, and the \n extent to which other response plans rely on the same \n equipment.\n``Sec. 4805. Submittal of response plans\n ``(a) A response plan under this chapter shall be submitted to the \nSecretary for each vessel to which this chapter applies, within 12 \nmonths after the Secretary prescribes regulations under this chapter.\n ``(b) A response plan under this chapter for operations of a vessel \nmay be submitted by--\n ``(1) the owner or operator of the vessel, including a \n person authorized to submit a plan under a contract with the \n owner or operator pursuant to subsection (c);\n ``(2) the owner or operator of any facility at which the \n vessel will be loading or unloading its cargo; or\n ``(3) a qualified maritime cooperative in which the owner \n or operator of the vessel is a participating member.\n ``(c)(1) A person that has contracted with the owner or operator of \na vessel to provide containment and cleanup services for operations of \nthe vessel and that meets the standards prescribed by the Secretary \nunder this chapter may submit the response plan required under this \nchapter for those operations.\n ``(2) Subject to conditions imposed by the Secretary, a person \nreferred to in paragraph (1) may submit a single plan under this \nchapter for more than one vessel with respect to which the person is \ncontractually obligated to provide containment and cleanup services.\n ``(d)(1) A maritime cooperative may submit a response plan under \nthis chapter for a group of vessels owned or operated by members of the \ncooperative.\n ``(2) A maritime cooperative shall have a lien on a vessel owned or \noperated by a member of the cooperative--\n ``(A) for any regular operating assessments made by the \n cooperative with respect to the vessel; and\n ``(B) for any direct costs incurred by the cooperative in \n providing oil spill response or oil spill-related \n communications services for the vessel.\n``Sec. 4806. Review and approval of response plans\n ``(a) In reviewing a response plan submitted under this chapter, \nthe Secretary shall consider, among other matters, the following \nfactors:\n ``(1) The adequacy of containment and cleanup equipment, \n personnel, communications equipment, notification procedures, \n response time, and logistical arrangements for coordination and \n implementation of response efforts to remove oil spills \n promptly and properly and to protect the environment.\n ``(2) The nature and amount of vessel traffic within the \n area covered by the plan.\n ``(3) The volume and type of oil being transported within \n the area covered by the plan.\n ``(4) The existence of navigational hazards within the area \n covered by the plan.\n ``(5) The history and circumstances surrounding prior \n spills of oil within the area covered by the plan.\n ``(6) The sensitivity of fisheries and wildlife and other \n natural resources within the area covered by the plan.\n ``(7) Relevant information on previous spills contained in \n on-scene coordinator reports covered by the plan.\n ``(8) The extent to which reasonable, cost-effective \n measures to reduce the likelihood that a spill will occur have \n been incorporated into the plan.\n ``(9) The number of covered vessels calling in and the \n facilities located in the geographic area and the resulting \n ability of State and local agencies and industry groups to \n develop, finance, and maintain a response plan and spill \n response system for those vessels.\n ``(10) The spill response equipment and resources available \n to a person providing a response plan for vessels under the \n response plans filed by the person under State or Federal law \n for other covered vessels or facilities owned or operated by \n that person.\n ``(b) The Secretary may approve a response plan only if the \nSecretary determines that the plan--\n ``(1) meets the requirements established under section 4804 \n of this title; and\n ``(2) will ensure, to the maximum extent practicable, \n removal of oil promptly, properly, and with minimal damage to \n the environment.\n ``(c) On approval of a response plan, the Secretary shall issue to \nthe person that submitted the plan a certificate stating that the plan \nhas been approved. The certificate shall include the name of each \nvessel for which the certificate is issued, the effective date of the \nplan, and the date by which the plan must be submitted for renewal.\n ``(d) An owner or operator of a covered vessel or facility shall \nnotify the Secretary in writing immediately of any significant change \naffecting any response plan approved for the vessel or facility under \nthis chapter, including changes in any factor set forth in this section \nor regulations prescribed under this section. The Secretary may require \nthe owner or operator to update a response plan as a result of these \nchanges.\n ``(e) A holder of an approved response plan shall not be considered \nto have violated the terms of the response plan by furnishing to \nanother person having a response plan approved under this chapter, \nafter notifying the Secretary, equipment, materials or personnel to \nassist the other person in a response to an oil discharge.\n ``(f) The Secretary may impose any reasonable term or condition on \napproval or modification of a response plan under this chapter that the \nSecretary determines is necessary to ensure that the applicant--\n ``(1) has access to sufficient resources to protect \n environmentally sensitive areas and to prevent, contain, clean \n up and mitigate potential oil discharges from the vessel to \n which the plan applies;\n ``(2) maintains personnel levels sufficient to carry out \n emergency operations; and\n ``(3) complies with the response plan.\n ``(g) The Secretary may not approve or renew a response plan under \nthis chapter unless the plan ensures the use by the applicant of the \nbest technology available at the time the response plan was submitted \nor renewed.\n ``(h) The Secretary may require an applicant or a holder of an \napproved response plan to take steps necessary to demonstrate its \nability to carry out the response plan, including--\n ``(1) periodic training;\n ``(2) response team exercises; and\n ``(3) verification of access to inventories of equipment, \n supplies, and personnel identified as available in the response \n plan.\n ``(i)(1) The Secretary may delegate to a State the authority to \napprove response plans under this chapter for vessel operations in that \nState, to the extent that the laws of the State establish response plan \nrequirements that are substantially similar to requirements established \nby the Secretary under section 4804 of this title.\n ``(2) This subsection does not authorize the Secretary to delegate \nto a State the authority to regulate vessel design, construction, \nequipment, manning, training, or operational requirements.\n ``(j) The approval of a response plan by the Secretary does not \nconstitute an express assurance regarding the adequacy of the plan or \nconstitute a defense to liability imposed under Federal or State \nlaw.''.\n\nSEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL \n RESPONSIBILITY FOR NONTANK VESSELS.\n\n Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is \namended--\n (1) by striking ``$600'' and inserting ``$806''; and\n (2) by striking ``$500,000'' and inserting ``$672,000''.\n\nSEC. 4. VOYAGE DATA RECORDERS.\n\n Section 3305 of title 46, United States Code, is amended by adding \nat the end the following:\n ``(d)(1) A passenger vessel, small passenger vessel, and freight \nvessel (including a foreign vessel) to which this paragraph applies \nshall be equipped with a voyage data recorder of a type prescribed by \nthe Secretary. In prescribing the type of voyage data recorder for a \nvessel, the Secretary shall consider the type, size, and \ncharacteristics of the vessel.\n ``(2) Paragraph (1) of this subsection applies as follows:\n ``(A) To any small passenger vessel certified by the \n Secretary to carry more than 100 passengers, a high speed \n commercial vessel, or a passenger vessel built after June 30, \n 2002.\n ``(B) On and after June 30, 2002, to any roll-on-roll-off \n passenger vessel on an international voyage (including a \n voyage-to-nowhere), if the vessel was built before July 1, \n 2000.\n ``(C) On and after January 1, 2004, to any passenger vessel \n or small passenger vessel on an international voyage (including \n a voyage-to-nowhere), if the vessel was built before July 1, \n 2002.\n ``(D) On and after January 1, 2004, to any freight vessel \n of 20,000 or more gross tons, if the vessel was built after \n June 30, 2002.\n ``(E) On and after January 1, 2006, to any freight vessel \n of 3,000 or more gross tons and less than 20,000 gross tons, if \n the vessel was built after June 30, 2002.\n ``(F) On and after January 1, 2007, to any freight vessel \n of 20,000 or more gross tons on an international voyage \n (including a voyage-to-nowhere), if the vessel was built before \n July 1, 2002.\n ``(G) On and after January 1, 2009, to any freight vessel \n of 3,000 or more gross tons and less than 20,000 gross tons, on \n an international voyage (including a voyage-to-nowhere), if the \n vessel was built before July 1, 2002.''.\n\nSEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE.\n\n Section 6301 of title 46, United States Code, is amended--\n (1) by inserting ``, and responses to those casualties,'' \n after ``marine casualties''; and\n (2) in paragraph (6) by inserting ``or improve the response \n to future casualties'' after ``recurrence of the casualty''.\n\nSEC. 6. AUTOMATED INFORMATION SYSTEM.\n\n (a) Transponder Requirement.--\n (1) In general.--Subject to paragraph (2), the following \n vessels, while operating on the navigable waters of the United \n States, shall be equipped with a position indicating \n transponder and an appropriate situation display or other \n device suitable for accessing information made available by the \n transponder system, in accordance with regulations prescribed \n by the Secretary of Transportation:\n (A) Vessels subject to Public Law 92-63.\n (B) Small passenger vessels carrying more than a \n number of passengers determined by the Secretary of \n Transportation.\n (C) Towing vessels while towing astern or pushing \n ahead or alongside, except commercial assistance towing \n vessels rendering assistance to disabled small vessels.\n (2) Exemption.--The Secretary may exempt a vessel from \n paragraph (1) if the Secretary finds that a transponder is not \n necessary for the safe navigation of the vessel on the waters \n on which the vessel operates.\n (b) Regulations.--The Secretary of Transportation shall issue \nregulations implementing subsection (a), including requirements for the \noperation and maintenance of transponders required under subsection \n(a).\n (c) Application.--Subsection (a) shall apply as follows:\n (1) On and after July 1, 2002, to--\n (A) vessels built after that date; and\n (B) vessels operating within the geographic \n boundaries of a Vessel Traffic Service.\n (2) On and after July 1, 2003, to--\n (A) passenger vessels;\n (B) tankers; and\n (C) towing vessels engaged in moving a tank vessel.\n (3) On and after July 1, 2005, to all other vessels.\n\nSEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS.\n\n (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 \net seq.) is amended by adding at the end the following:\n\n``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS.\n\n ``The Secretary may prohibit the loading or unloading of a vessel \nin any port or place subject to the jurisdiction of the United States \nif the vessel is registered in a country that the Secretary finds fails \nto adequately enforce safety standards prescribed by the International \nMaritime Organization.''.\n (b) Review.--Within one year after the date of enactment of this \nAct, the Secretary shall--\n (1) determine the 5 countries having the greatest number of \n vessels registered in the country that were detained by the \n Coast Guard in 1999 for violation of a safety standard \n prescribed by the International Maritime Organization; and\n (2) review and report to the Congress regarding whether \n those countries have, since December 31, 1999, adequately \n enforced safety standards prescribed by such organization.\n (c) Innocent Passage and Transit Not Affected.--Nothing in this \nsection is intended to prevent entry into waters subject to the \njurisdiction of the United States by a vessel under an international \nagreement to which the United States is a party.\n\nSEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS.\n\n The Secretary of Transportation shall propose to and seek to \nnegotiate at the International Maritime Organization the elimination of \nsingle hull bunker tanks on commercial vessels capable of carrying more \nthan 1,000 barrels of fuel on board. The proposal shall include--\n (1) a requirement prohibiting the operation of any such \n vessel built after January 1, 2004, that has a single hull \n bunker tank; and\n (2) a phaseout schedule for such vessels built before that \n date that have a single hull bunker tank.","summary":"Increases the maximum liability of nontank vessels for oil spills to the greater of : (1) $806 per gross ton. Or (2) $672,000 . Requires any passenger vessel, small passenger vessel, and freight vessel subject to inspection to be equipped with a voyage data recorder of a type prescribed by the Secretary. Requires the Secretary to prescribe regulations for the immediate investigation of responses to marine casualties. Requires certain vessels, including small passenger and towing vessels, to be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system. Authorizes the Secretary to prohibit the loading or unloading of a vessel in any port or place subject to US jurisdiction if the vessel is registered in a country that fails to adequately enforce safety standards prescribed by the International Maritime Organization (IMO). Requires the Secretary to report to Congress on: (1) the five such countries with the greatest number of registered vessels detained by the Coast Guard in 1999 for violation of such safety standards. And (2) whether those countries have, since December 31, 1999, adequately enforced such standards. Directs the Secretary to seek to negotiate at the IMO the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board.","title":"Maritime Safety Act of 2000","text_len":19537,"sum_len":1431} {"bill_id":"113_s735","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Survivor Benefits Improvement Act of \n2013''.\n\nSEC. 2. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY AND \n INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WITH \n CHILDREN.\n\n Section 1311(f)(2) of title 38, United States Code, is amended by \nstriking ``two-year'' and inserting ``five-year''.\n\nSEC. 3. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION, HEALTH \n CARE, AND HOUSING LOANS FOR SURVIVING SPOUSES WHO REMARRY \n AFTER AGE 55.\n\n Subparagraph (B) of section 103(d)(2) of title 38, United States \nCode, is amended to read as follows:\n ``(B) The remarriage after age 55 of the surviving spouse of a \nveteran shall not bar the furnishing of benefits specified in paragraph \n(5) to such person as the surviving spouse of the veteran.''.\n\nSEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN \n WITH SPINA BIFIDA.\n\n (a) In General.--Subchapter III of chapter 18 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 1822. Benefits for children of certain Thailand service veterans \n born with spina bifida\n ``(a) Benefits Authorized.--The Secretary may provide to any child \nof a veteran of covered service in Thailand who is suffering from spina \nbifida the health care, vocational training and rehabilitation, and \nmonetary allowance required to be paid to a child of a Vietnam veteran \nwho is suffering from spina bifida under subchapter I of this chapter \nas if such child of a veteran of covered service in Thailand were a \nchild of a Vietnam veteran who is suffering from spina bifida under \nsuch subchapter.\n ``(b) Spina Bifida Conditions Covered.--This section applies with \nrespect to all forms and manifestations of spina bifida, except spina \nbifida occulta.\n ``(c) Veteran of Covered Service in Thailand.--For purposes of this \nsection, a veteran of covered service in Thailand is any individual, \nwithout regard to the characterization of that individual's service, \nwho--\n ``(1) served in the active military, naval, or air service \n in Thailand, as determined by the Secretary in consultation \n with the Secretary of Defense, during the period beginning on \n January 9, 1962, and ending on May 7, 1975; and\n ``(2) is determined by the Secretary, in consultation with \n the Secretary of Defense, to have been exposed to a herbicide \n agent during such service in Thailand.\n ``(d) Herbicide Agent.--For purposes of this section, the term \n`herbicide agent' means a chemical in a herbicide used in support of \nUnited States and allied military operations in Thailand, as determined \nby the Secretary in consultation with the Secretary of Defense, during \nthe period beginning on January 9, 1962, and ending on May 7, 1975.''.\n (b) Clerical Amendments.--\n (1) Subchapter heading.--The heading for subchapter III of \n chapter 18 of such title is amended by inserting ``AND \n THAILAND'' after ``KOREA''.\n (2) Table of sections.--The table of sections at the \n beginning of chapter 18 of such title is amended--\n (A) by striking the item relating to subchapter III \n and inserting the following new item:\n\n ``subchapter iii--children of certain korea and thailand service \n veterans born with spina bifida'';\n\n and\n (B) by inserting after the item relating to section \n 1821 the following new item:\n\n``1822. Benefits for children of certain Thailand service veterans born \n with spina bifida.''.\n\nSEC. 5. PILOT PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS FOR \n SURVIVING SPOUSES OF VETERANS WHO DIE WHILE SERVING ON \n ACTIVE DUTY IN THE ARMED FORCES.\n\n (a) Pilot Program Required.--\n (1) In general.--Commencing not later than 180 days after \n the date of the enactment of this Act, the Secretary of \n Veterans Affairs shall carry out, through the Readjustment \n Counseling Service of the Veterans Health Administration, a \n pilot program to assess the feasibility and advisability of \n providing grief counseling services described in subsection (b) \n in group retreat settings to surviving spouses of veterans who \n die while serving on active duty in the Armed Forces.\n (2) Participation at election of surviving spouse.--The \n participation of a surviving spouse in the pilot program under \n this section shall be at the election of the surviving spouse.\n (b) Covered Services.--The services provided to a surviving spouse \nunder the pilot program shall include the following:\n (1) Information and counseling on coping with grief.\n (2) Information about benefits and services available to \n surviving spouses under laws administered by the Secretary.\n (3) Such other information and counseling as the Secretary \n considers appropriate to assist a surviving spouse under the \n pilot program with adjusting to the death of a spouse.\n (c) Locations.--The Secretary shall carry out the pilot program at \nnot fewer than six locations as follows:\n (1) Three locations at which surviving spouses with \n dependent children are encouraged to bring their children.\n (2) Three locations at which surviving spouses with \n dependent children are not encouraged to bring their children.\n (d) Duration.--The pilot program shall be carried out during the \ntwo-year period beginning on the date of the commencement of the pilot \nprogram.\n (e) Reports.--\n (1) In general.--Not later than 180 days after the \n completion of the first year of the pilot program and not later \n than 180 days after the completion of the pilot program, the \n Secretary shall submit to Congress a report on the pilot \n program.\n (2) Contents.--Each report submitted under paragraph (1) \n shall contain the findings and conclusions of the Secretary as \n a result of the pilot program, and shall include such \n recommendations for the continuation or expansion of the pilot \n program as the Secretary considers appropriate.\n (f) Definitions.--In this section, the terms ``active duty'', \n``surviving spouse'', and ``veteran'' have the meanings given such \nterms in section 101 of title 38, United States Code.","summary":"Survivor Benefits Improvement Act of 2013 - Allows dependency and indemnity compensation (DIC) paid through the Department of Veterans Affairs (VA) to the surviving spouses of veterans to be increased for months occurring during the five-year period beginning on the date of entitlement. Provides that the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of VA DIC, health care, educational assistance, and housing loans. Authorizes the Secretary of Veterans Affairs to provide, to any spina bifida-affected child of a veteran who served on active duty in Thailand beginning on January 9, 1962, and ending on May 7, 1975, and was exposed to a herbicide agent during such service, the same health care, vocational training and rehabilitation, and monetary allowance required to be paid to a similarly-affected child of a Vietnam veteran. Directs the Secretary to carry out a two-year pilot program to assess the feasibility and advisability of providing grief counseling services for the surviving spouses of veterans who die while serving on active duty.","title":"Survivor Benefits Improvement Act of 2013","text_len":6641,"sum_len":1095} {"bill_id":"108_hr1235","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Encroachment on Military Bases \nPrevention Act''.\n\nSEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.\n\n (a) Limitation on Designation of Critical Habitat.--Section 4(a) of \nthe Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by \nadding at the end the following new paragraph:\n ``(4)(A) The Secretary may not designate as critical habitat any \nlands or other geographical areas owned or controlled by the Department \nof Defense, or designated for its use, that are subject to an \nintegrated natural resources management plan prepared under section 101 \nof the Sikes Act (16 U.S.C. 670a), if the Secretary determines that \nsuch plan addresses special management considerations or protection (as \nthose terms are used in section 3(5)(A)(i)).\n ``(B) Nothing in this paragraph affects the requirement to consult \nunder section 7(a)(2) with respect to an agency action (as that term is \ndefined in that section).\n ``(C) Nothing in this paragraph affects the obligation of the \nDepartment of Defense to comply with section 9, including the \nprohibition preventing extinction and taking of endangered species and \nthreatened species.''.\n (b) Consideration of Effects of Designation of Critical Habitat.--\nSection 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. \n1533(b)(2)) is amended by inserting ``the impact on national \nsecurity,'' after ``the economic impact,''.\n\nSEC. 3. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN \n SPECIAL RESOURCE STUDIES.\n\n Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as \nthe National Park System General Authorities Act) is amended by adding \nat the end the following new subsection:\n ``(g) Exclusion of Military Installations From Special Resource \nStudies.--\n ``(1) Notification of secretary of defense.--If a study \n under this section or any other provision of law of an area for \n potential inclusion in the National Park System will include, \n or the study will be expanded to include, the consideration of \n any military lands, the Secretary of the Interior shall provide \n written notice to the Secretary of Defense of the exact \n military lands to be covered by the study. The written notice \n shall be provided not later than 30 days before the date on \n which the Secretary of the Interior will commence the study or \n expand the study to include the military lands.\n ``(2) Authority to exclude military lands.--Upon receipt of \n written notification under paragraph (1), the Secretary of \n Defense shall evaluate the existing environmental protections \n for the military lands described in the notice and the \n importance of the military lands to military readiness and \n preparedness. The Secretary of Defense may require the \n Secretary of the Interior to exclude all or a portion of the \n military lands from the study if the Secretary of Defense \n determines that the environmental protections for the military \n lands are sufficient and that inclusion of the military lands \n in the National Park System could adversely impact military \n readiness and preparedness. Notice to the Secretary of the \n Interior shall include the reasons of the Secretary of Defense \n for requiring the exclusion of the military lands.\n ``(3) Time for making determination; effect.--The Secretary \n of Defense shall make the determination required under \n paragraph (2), and transmit notice of the determination to the \n Secretary of the Interior, before the end of the 90-day period \n beginning on the date on which the Secretary of Defense \n receives the written notice required under paragraph (1) of a \n study that covers military lands. If the notice of the \n Secretary of Defense is timely, the Secretary of the Interior \n may not consider the military lands covered by the notice for \n possible inclusion in the National Park System in that study or \n any subsequent study. If the notice is not received by the \n Secretary of the Interior before the end of the 90-day period, \n the Secretary of the Interior may proceed with the \n consideration of the military lands under the study \n notwithstanding the determination.\n ``(4) Military lands.--In this subsection, the term \n `military lands' means lands included as part of a military \n installation, as that term is defined in section 100 of the \n Sikes Act (16 U.S.C. 670).''.\n\nSEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF \n AREAS USED FOR MILITARY READINESS ACTIVITIES.\n\n (a) In General.--Section 305 of the National Marine Sanctuary Act \n(16 U.S.C. 1433) is amended--\n (1) in subsection (a) in the matter preceding paragraph (1) \n by inserting ``(subject to subsection (c))'' after ``any \n discrete area of the marine environment''; and\n (2) by adding at the end the following:\n ``(c) Restriction on Inclusion of Areas Used for Military Readiness \nActivities.--The Secretary may not designate as a national marine \nsanctuary, or add to an existing national marine sanctuary, any area \nthat the Secretary of Defense has designated for use for military \nreadiness activities, including any area the use or navigation of which \nis prohibited under regulations issued by the Secretary of the Army \nunder the first section of chapter XIX of the Act of July 9, 1918 (33 \nU.S.C. 3), popularly known as the Army Appropriation Act of 1919.''.\n (b) Application.--The amendment made by subsection (a) shall not \napply with respect to any designation of an area as, or addition of an \narea to, a national marine sanctuary that takes effect before the date \nof the enactment of this Act.","summary":"Encroachment on Military Bases Prevention Act - Amends the Endangered Species Act to prohibit the Secretary of the Interior (Secretary) from designating as critical habitat any lands or areas owned and controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan under the Sikes Act if the Secretary determines that such plan addresses special management considerations or protection. Requires the Secretary to consider impact on national security when making critical habitat determinations. Amends the Act commonly known as the National Park System General Authorities Act to require: (1) the Secretary to notify the Secretary of Defense of the exact military lands included in any study of an area for potential inclusion in the National Park System (NPS). And (2) the Secretary of Defense to evaluate the existing environmental protections for such lands and the importance of such lands to military readiness and preparation. Authorizes the Secretary of Defense to require the Secretary to exclude such lands if it is determined that current environmental protections are adequate and that their inclusion in the NPS would adversely affect military readiness and preparation. Amends the National Marine Sanctuary Act to prohibit the Secretary from including as a national marine sanctuary any area that the Secretary of Defense has designated for use for military readiness activities.","title":"To provide for the management of critical habitat of endangered species and threatened species on military installations in a manner compatible with the demands of military readiness, to ensure that the application of other resource laws on military installations is compatible with military readiness, and for other purposes.","text_len":6017,"sum_len":1465} {"bill_id":"108_hr2456","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Diamond-Blackfan Anemia Research and \nCare Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Diamond-Blackfan anemia is a rare genetic bone marrow \n failure disorder, which develops in infancy and results in \n severe anemia due to failure to make red blood cells.\n (2) Diamond-Blackfan anemia patients have an increased risk \n of leukemia, solid tumors, and complete bone marrow failure.\n (3) Fifty percent of patients with Diamond-Blackfan anemia \n are born with birth defects, including abnormalities to the \n face, head, upper arm and hand, genitourinary, and heart, and \n 21 percent of the affected patients have more than 1 defect.\n (4) Treatments for Diamond-Blackfan anemia, including the \n use of blood transfusions and steroids such as prednisone, have \n potential long-term side effects, including osteoporosis, iron \n overload (because of the transfusions), and impaired growth \n (because of the steroids).\n (5) The only cure for Diamond-Blackfan anemia is a bone \n marrow transplant, a procedure that carries serious risks and, \n since most patients lack an acceptable donor, is an option for \n only about 25 percent of patients.\n (6) Because Diamond-Blackfan anemia is a genetic disorder \n of red cell production and a cancer predisposition syndrome \n with a high rate of congenital anomalies, the Federal \n investment regarding Diamond-Blackfan anemia must be expanded \n to allow the careful dissection of this disease, which will \n provide valuable insights into the biology of blood disorders \n and cancer predisposition and serve as an important model for \n understanding the genetics of birth defects.\n\nSEC. 3. DIAMOND-BLACKFAN ANEMIA.\n\n (a) DBA-Related Activities of NIH.--Part A of title IV of the \nPublic Health Service Act is amended by inserting after section 404G \n(42 U.S.C. 283i) the following:\n\n ``diamond-blackfan anemia\n\n ``Sec. 404H. (a) In General.--The Director of NIH, in coordination \nwith the Directors of the National Heart, Lung, and Blood Institute, \nthe National Institute of Diabetes and Digestive and Kidney Diseases, \nand the Office of Rare Diseases, shall expand and intensify research \nand related activities of the National Institutes of Health with regard \nto Diamond-Blackfan anemia.\n ``(b) Comprehensive Research Initiative.--\n ``(1) In general.--In carrying out this section, the \n Director of NIH shall make grants to, or enter into contracts \n with, public or private entities to support a comprehensive \n research initiative to study, develop better treatments for, \n and ultimately find a cure for Diamond-Blackfan anemia.\n ``(2) Research.--The initiative supported under this \n subsection may include research on the following:\n ``(A) The links of Diamond-Blackfan anemia to \n chronic diseases.\n ``(B) Red cell differentiation.\n ``(C) The pathophysiology of Diamond-Blackfan \n anemia.\n ``(D) The relationship between Diamond-Blackfan \n anemia and predisposition to cancer.\n ``(E) Congenital anomalies in Diamond-Blackfan \n anemia patients.''.\n (b) DBA-Related Activities of CDC.--Part B of title III of the \nPublic Health Service Act (42 U.S.C. 243 et seq.) is amended--\n (1) by moving section 317R so that it follows section 317Q; \n and\n (2) by inserting after section 317R the following:\n\n``SEC. 317S. REGISTRY AND CLINICAL CARE CENTER FOR DIAMOND-BLACKFAN \n ANEMIA.\n\n ``(a) Registry.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention, shall maintain and expand \nthe Diamond-Blackfan Anemia Registry (in this section referred to as \nthe `Registry').\n ``(b) Comprehensive Clinical Care Center.--\n ``(1) Establishment.--The Secretary, acting through the \n Director of the Centers for Disease Control and Prevention, \n shall establish a comprehensive clinical care center for \n Diamond-Blackfan anemia where a majority of the patients with \n the disease are examined, treated, and tracked through the \n Registry, by experts in the disease.\n ``(2) Duties.--The center established under this section \n shall--\n ``(A) gather and analyze extensive data on Diamond-\n Blackfan anemia to be used for public, non-profit, and \n government research initiatives involving gene \n discovery, ribosomal protein function, genetics of \n birth defects, blood cell formation (recovery from \n cancer chemotherapy), cancer predisposition, red cell \n differentiation, and a comparison of therapeutic \n treatments including blood transfusion, steroids, and \n bone marrow transplants;\n ``(B) provide thorough examinations of Diamond-\n Blackfan anemia patients by experts in the disease to \n confirm diagnosis and provide genetic typing along with \n a multi-system evaluation; and\n ``(C) provide clinical care for Diamond-Blackfan \n anemia.''.","summary":"Diamond-Blackfan Anemia Research and Care Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health, in coordination with other specified officials, to expand and intensify research and related activities of the Institute with regard to Diamond-Blackfan Anemia. States that the Director shall as part of such effort award grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) maintain and expand the Diamond-Blackfan Anemia Registry. And (2) establish a comprehensive clinical care center for Diamond-Blackfan Anemia.","title":"To require increased activities by the National Institutes of Health and the Centers for Disease Control and Prevention regarding Diamond-Blackfan anemia, and for other purposes.","text_len":5595,"sum_len":763} {"bill_id":"105_hr4685","text":"SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO \n QUALIFIED SMALL BUSINESS STOCK.\n\n (a) Increased Exclusion.--\n (1) In general.--Subsection (a) of section 1202 of the \n Internal Revenue Code of 1986 (50-percent exclusion for gain \n from certain small business stock) is amended--\n (A) by striking ``50 percent'' and inserting ``75 \n percent'', and\n (B) by striking ``50-Percent'' in the heading and \n inserting ``75-Percent''.\n (2) Conforming amendments.--\n (A) Paragraph (8) of section 1(h) of such Code is \n amended to read as follows:\n ``(8) Section 1202 gain.--For purposes of this subsection, \n the term `section 1202 gain' means an amount equal to 25 \n percent of the gain which would be excluded from gross income \n under section 1202(a) without regard to the 75 percent \n limitation in such section.''\n (B) The heading for section 1202 of such Code is \n amended by striking ``50-percent'' and inserting ``75-\n percent''.\n (C) The table of sections for part I of subchapter \n P of chapter 1 of such Code is amended by striking \n ``50-percent'' in the item relating to section 1202 and \n inserting ``75-percent''.\n (b) Reduction in Holding Period.--\n (1) In general.--Subsection (a) of section 1202 of such \n Code is amended by striking ``5 years'' and inserting ``3 \n years''.\n (2) Conforming amendment.--Subsections (g)(2)(A) and \n (j)(1)(A) of section 1202 of such Code are each amended by \n striking ``5 years'' and inserting ``3 years''.\n (c) Exclusion Available to Corporations.--\n (1) In general.--Subsection (a) of section 1202 of such \n Code is amended by striking ``other than a corporation''.\n (2) Technical amendment.--Subsection (c) of section 1202 of \n such Code is amended by adding at the end the following new \n paragraph:\n ``(4) Stock held among members of controlled group not \n eligible.--Stock of a member of a parent-subsidiary controlled \n group (as defined in subsection (d)(3)) shall not be treated as \n qualified small business stock while held by another member of \n such group.''\n (d) Repeal of Minimum Tax Preference.--\n (1) In general.--Subsection (a) of section 57 of such Code \n (relating to items of tax preference) is amended by striking \n paragraph (7).\n (2) Technical amendment.--Subclause (II) of section \n 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), \n and (7)'' and inserting ``and (5)''.\n (e) Stock of Larger Businesses Eligible for Exclusion.--\n (1) In general.--Paragraph (1) of section 1202(d) of such \n Code (defining qualified small business) is amended by striking \n ``$50,000,000'' each place it appears and inserting \n ``$300,000,000''.\n (2) Inflation adjustment.--Section 1202(d) of such Code is \n amended by adding at the end the following:\n ``(4) Inflation adjustment of asset limitation.--In the \n case of stock issued in any calendar year after 1999, the \n $300,000,000 amount contained in paragraph (1) shall be \n increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 1998' for `calendar year 1992' in \n subparagraph (B) thereof.\n If any amount as adjusted under the preceding sentence is not a \n multiple of $10,000, such amount shall be rounded to the \n nearest multiple of $10,000.''\n (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is \namended by striking subsection (b).\n (g) Other Modifications.--\n (1) Repeal of working capital limitation.--Section \n 1202(e)(6) of such Code (relating to working capital) is \n amended--\n (A) in subparagraph (B), by striking ``2 years'' \n and inserting ``5 years''; and\n (B) by striking the last sentence.\n (2) Exception from redemption rules where business \n purpose.--Section 1202(c)(3) of such Code (relating to certain \n purchases by corporation of its own stock) is amended by adding \n at the end the following:\n ``(D) Waiver where business purpose.--A purchase of \n stock by the issuing corporation shall be disregarded \n for purposes of subparagraph (B) if the issuing \n corporation establishes that there was a business \n purpose for such purchase and one of the principal \n purposes of the purchase was not to avoid the \n limitations of this section.''\n (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code \n(defining qualified trade or business) is amended by inserting ``and'' \nat the end of subparagraph (C), by striking ``, and'' at the end of \nsubparagraph (D) and inserting a period, and by striking subparagraph \n(E).\n (i) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section apply to stock issued after the \n date of enactment of this Act.\n (2) Special rule.--The amendments made by subsections (a), \n (c), (e), (f), and (g)(1) apply to stock issued after August \n 10, 1993.\n\nSEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM \n ALTERNATIVE MINIMUM TAX.\n\n (a) Increased Exclusion.--Subsection (d) of section 422 of the \nInternal Revenue Code of 1986 (relating to $100,000 per year \nlimitation) is amended by striking ``$100,000'' each place it appears \nand inserting ``$200,000''.\n (b) Exception From Alternative Minimum Tax.--Subsection (b) of \nsection 56 of such Code is amended by striking paragraph (3).\n (c) Effective Date.--The amendments made by this section shall \napply to options exercised in calendar years beginning after the date \nof the enactment of this Act.","summary":"Amends Internal Revenue Code provisions concerning the exclusion of gain from certain small business stock to, among other things: (1) increase from 50 to 75 percent the amount of gain excluded from the sale certain small business stock. (2) reduce from five to three years the holding period applicable to such a sale, (3) make such exclusion available to corporations. And (4) make the stock of larger businesses eligible. Doubles the annual limitation on incentive stock options.","title":"To amend the Internal Revenue Code of 1986 to expand the exclusion for qualified small business stock, to increase the annual limit with respect to incentive stock options, and for other purposes.","text_len":6535,"sum_len":482} {"bill_id":"113_s1073","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gas Price and Refinery Capacity \nRelief Act of 2013''.\n\nSEC. 2. COORDINATION OF REFINERY OUTAGES.\n\n Section 804 of the Energy Independence and Security Act of 2007 (42 \nU.S.C. 17283) is amended to read as follows:\n\n``SEC. 804. COORDINATION OF REFINERY OUTAGES.\n\n ``(a) Definitions.--In this section:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the Energy Information Administration.\n ``(2) Planned refinery outage.--The term `planned refinery \n outage' means a removal, scheduled before the date on which the \n removal occurs, of a refinery, or any unit of a refinery, from \n service for maintenance, repair, or modification.\n ``(3) Refined petroleum product.--The term `refined \n petroleum product' means any gasoline, diesel fuel, fuel oil, \n lubricating oil, liquid petroleum gas, or other petroleum \n distillate that is produced through the refining or processing \n of crude oil or an oil derived from tar sands, shale, or coal.\n ``(4) Refinery.--The term `refinery' means a facility used \n in the production of a refined petroleum product through \n distillation, cracking, or any other process.\n ``(5) Unplanned refinery outage.--The `unplanned refinery \n outage' means the removal of a refinery, or any unit of a \n refinery, from service that is not scheduled in advance.\n ``(b) Reporting Requirement.--The owner or operator of a refinery \nshall submit to the Administrator information describing--\n ``(1) the schedule of the refinery for any planned refinery \n outage, including--\n ``(A) the dates for the planned refinery outage at \n least 1 year in advance of the date of the expected \n outage or the date the outage is scheduled; and\n ``(B) the estimated inventories and production of \n refined petroleum products during the period described \n in subparagraph (A); and\n ``(2) any unplanned refinery outages as soon as practicable\n ``(c) Review and Analysis of Available Information.--The \nAdministrator shall, on an ongoing basis--\n ``(1) review information on planned refinery outages and \n unplanned refinery outages--\n ``(A) reported by refineries under subsection (b); \n and\n ``(B) that is available from commercial reporting \n services;\n ``(2) analyze that information to determine whether the \n scheduling of a planned refinery outage or an unplanned \n refinery outage may nationally or regionally substantially \n affect the price or supply of any refined petroleum product \n by--\n ``(A) decreasing the production of the refined \n petroleum product; and\n ``(B) causing or contributing to a retail or \n wholesale supply shortage or disruption; and\n ``(3) alert the Secretary of any refinery outage that the \n Administrator determines may nationally or regionally \n substantially affect the price or supply of a refined petroleum \n product.\n ``(d) Action by Secretary.--On a determination by the Secretary \nthat a refinery outage may affect the price or supply of a refined \npetroleum product, the Secretary shall make available to refinery \noperators information on planned refinery outages or unplanned refinery \noutages to prevent significant market disruptions.\n ``(e) Limitation.--Nothing in this section--\n ``(1) alters any existing legal obligation or \n responsibility of a refinery operator;\n ``(2) creates any legal right of action; or\n ``(3) authorizes the Secretary--\n ``(A) to prohibit a refinery operator from \n conducting a planned refinery outage; or\n ``(B) to require a refinery operator to continue to \n operate a refinery.\n ``(f) Study on National Strategic Refined Petroleum Products \nReserve.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this subsection, the Secretary shall study and \n submit to Congress a report on the costs and benefits of \n creating a national strategic refined petroleum products \n reserve for refined petroleum products.\n ``(2) Information.--The report required under paragraph (1) \n shall include information on--\n ``(A) the days of existing storage capabilities \n within the different petroleum administration defense \n districts based on normal usage of refined petroleum \n products;\n ``(B) the feasibility of increasing storage \n capacity for refined petroleum products on a regional \n basis; and\n ``(C) the impact additional storage capacity would \n have on the retail price of refined petroleum products \n for consumers in the event of a supply shortage or \n market disruption from a natural disaster or refinery \n outage.''.","summary":"Gas Price and Refinery Capacity Relief Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require a refinery owner or operator to report to the Administrator of the Energy Information Administration (EIA): (1) at least one year in advance the schedule for any planned removal from service for maintenance, repair, or modification of any refinery or a unit. And (2) as soon as practicable any unplanned refinery outages. Directs the Secretary of Energy to: (1) review, analyze, and make available to refinery operators information on unplanned refinery outages in order to prevent significant market disruptions. And (2) analyze the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products.","title":"Gas Price and Refinery Capacity Relief Act of 2013","text_len":5385,"sum_len":772} {"bill_id":"108_s1776","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intermodal Equipment Safety and \nResponsibility Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Promoting safety on United States highways is a \n national priority. The Secretary of Transportation has \n promulgated the Federal Motor Carrier Safety Regulations to \n further this purpose. The systematic maintenance, repair, and \n inspection of equipment traveling on public highways in \n interstate commerce are an integral part of this safety regime.\n (2) Intermodal transportation plays a significant role in \n expanding the United States economy, which depends heavily upon \n the ability to transport goods by various modes of \n transportation.\n (3) Although motor carriers and their drivers often receive \n trailers, chassis, containers, and other items of intermodal \n equipment to be transported in interstate commerce, they do not \n possess the requisite level of control or authority over this \n intermodal equipment to perform the systematic maintenance, \n repair, and inspection necessary to ensure compliance with the \n applicable Federal Motor Carrier Safety Regulations and to \n ensure the safety of United States highways.\n (4) As a result of roadside inspections, motor carriers and \n their drivers are cited and fined for violations of the Federal \n Motor Carrier Safety Regulations attributable to intermodal \n equipment that they do not have the opportunity to \n systematically maintain. These violations negatively affect the \n safety records of motor carriers.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to ensure that only those parties that \ncontrol intermodal equipment transported on public highways in the \nUnited States (and thus have the opportunity and authority to \nsystematically maintain, repair, and inspect the intermodal equipment) \nhave legal responsibility for the safety of that equipment as it \ntravels in interstate commerce.\n\nSEC. 4. DEFINITIONS.\n\n Section 5901 of title 49, United States Code, is amended by adding \nat the end the following new paragraphs:\n ``(9) `motor carrier' includes--\n ``(A) a motor private carrier, as defined in \n section 13102 of this title; and\n ``(B) an agent of a motor carrier.\n ``(10) `intermodal equipment'--\n ``(A) means equipment that is commonly used in the \n intermodal transportation of freight over public \n highways as an instrumentality of foreign or interstate \n commerce; and\n ``(B) includes a trailer, chassis, container, and \n any device associated with a trailer, chassis, or \n container.\n ``(11) `equipment interchange agreement', with respect to \n intermodal equipment, means a written document that--\n ``(A) is executed by a controller of the equipment, \n or its agent, and a motor carrier; and\n ``(B) establishes the responsibilities and \n liabilities of both parties as they relate to the \n interchange of the equipment.\n ``(12) `controller', with respect to intermodal equipment, \n means any party that has any legal right, title, or interest in \n the equipment, except that a motor carrier--\n ``(A) is not a controller of the equipment solely \n because it provides or arranges for any part of the \n intermodal transportation of the equipment; and\n ``(B) may not be considered a controller of the \n equipment if authority for systematic maintenance and \n repairs of the equipment has not been delegated to the \n motor carrier.\n ``(13) `interchange', with respect to intermodal equipment, \n means the act of providing the equipment to a motor carrier for \n the purpose of transporting the equipment for loading or \n unloading by any party or repositioning the equipment for the \n benefit of the equipment controller, except that such term does \n not mean the leasing of the equipment to a motor carrier for \n use in the motor carrier's over-the-road freight hauling \n operations.\n ``(14) `applicable safety regulations' means the \n regulations applicable to controllers of intermodal equipment \n under section 5909 of this title.''.\n\nSEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS.\n\n Chapter 59 of title 49, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 5909. Jurisdiction over equipment controller\n ``The authority of the Secretary of Transportation to prescribe \nregulations on commercial motor vehicle safety under section 31136 of \nthis title shall apply to controllers of intermodal equipment that is \ninterchanged or to be interchanged.''.\n\nSEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY.\n\n (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 5, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5910. Equipment inspection, repair, and maintenance\n ``(a) In General.--Notwithstanding any provision of an equipment \ninterchange agreement, a controller of intermodal equipment that is \ninterchanged or to be interchanged--\n ``(1) shall be responsible and held liable for the \n systematic inspection, maintenance, and repair of the \n equipment;\n ``(2) shall, each time prior to offering a motor carrier \n the equipment for interchange, inspect the equipment and \n provide such maintenance on, and make such repairs to, the \n equipment to ensure that such equipment complies with all \n applicable safety regulations at all times; and\n ``(3) shall not offer intermodal equipment to a motor \n carrier unless such equipment has been inspected and repaired \n as necessary to comply with such regulations.\n ``(b) Reimbursement.--\n ``(1) In general.--In the event that a repair of \n interchanged intermodal equipment is necessary while in a motor \n carrier's possession in order to comply with applicable safety \n regulations, the controller of the equipment shall promptly \n reimburse the motor carrier for the actual expenses that are \n incurred by the motor carrier for the necessary repair, \n together with compensation for any loss incurred by the motor \n carrier by reason of delay in the transportation of the \n equipment necessitated by the need for the repair.\n ``(2) Exception.--The controller of intermodal equipment \n shall not be liable to provide reimbursement or compensation \n for a repair to a motor carrier under paragraph (1) if the \n motor carrier's negligence or willful misconduct caused the \n condition requiring the repair.\n ``(c) Fines.--The Secretary may prescribe fines against controllers \nof intermodal equipment for violations of this section.''.\n\nSEC. 7. SAFETY COMPLIANCE.\n\n (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 6, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5911. Compliance with safety regulations\n ``(a) Liability of Equipment Controller.--Notwithstanding any \nprovision of an equipment interchange agreement, the controller of \nintermodal equipment covered by such agreement shall be liable for each \nviolation of applicable safety regulations that is attributable to such \nequipment and shall pay any fine, penalty, and damages resulting from \nsuch violation, except that the controller of such equipment shall not \nbe liable for any such violations that is proximately caused by the \nnegligence or willful misconduct of a motor carrier that is not the \ncontroller of such equipment.\n ``(b) Limitation on Liability of Motor Carrier.--A motor carrier \nwho receives intermodal equipment through interchange may not be held \nliable for a violation of applicable safety regulations that is \nattributable to such equipment other than under the circumstances and \nto the extent provided in subsection (a).\n ``(c) Limitation on Effect.--No record or report of a violation of \napplicable safety regulations attributable to interchanged intermodal \nequipment, whether issued by a Federal, State, or local law enforcement \nauthority, shall have any effect on a motor carrier's overall safety \nrating or safety status measurement system score, as determined by the \nFederal Motor Carrier Safety Administration, or on a driving record of \na driver for the motor carrier unless such violation was proximately \ncaused by the negligence or willful misconduct of the motor carrier or \ndriver, respectively.\n ``(d) Procedure for Records Corrections.--The Secretary of \nTransportation shall prescribe an expedited procedure to correct \nrecords or reports of violations that under subsection (c) should not \nhave been adversely affected by a violation of applicable safety \nregulations.''.\n (b) Time for Prescribing Records Correction Procedures.--The \nSecretary shall issue final regulations setting forth the expedited \nprocedures required by section 5910(d) of title 49, United States Code, \nnot later than 180 days after the date of enactment of this Act.\n\nSEC. 8. AUTHORITY TO INSPECT.\n\n Chapter 59 of title 49, United States Code, as amended by section \n7, is further amended by adding at the end the following new section:\n``Sec. 5912. Authority to inspect\n ``(a) Authority.--The Secretary of Transportation is authorized to \nenter any facility of a controller of intermodal equipment interchanged \nfor use on a public highway in order to inspect the equipment to \ndetermine whether the equipment complies with the applicable \nregulations.\n ``(b) Inspection Program.--The Secretary shall establish and \nimplement with appropriate staffing an inspection and audit program at \nfacilities of controllers of intermodal equipment in order to make \ndeterminations under subsection (a). Inspection of equipment and \nmaintenance records for such equipment at such facility shall take \nplace not less frequently than once every 3 months.\n ``(c) Non-Complying Equipment.--Any intermodal equipment that is \ndetermined under this section as failing to comply with applicable \nsafety regulations shall be placed out of service and may not be used \non a public highway until the repairs necessary to bring such equipment \ninto compliance have been completed. Repairs of equipment placed out of \nservice shall be documented in the maintenance records for such \nequipment.''.\n\nSEC. 9. PROHIBITION ON RETALIATION.\n\n Chapter 59 of title 49, United States Code, as amended by section \n8, is further amended by adding at the end the following new section:\n``Sec. 5913. Penalties for retaliation\n ``(a) Retaliation Prohibited.--A controller of intermodal equipment \nmay not take any action to threaten, coerce, discipline, discriminate, \nor otherwise retaliate against a motor carrier in response to a request \nmade by the motor carrier for maintenance or repair of equipment \nintended for interchange in order to comply with the applicable safety \nregulations.\n ``(b) Failure To Timely Provide Safe Equipment Deemed To Be \nRetaliation.--Upon receiving a motor carrier's request for maintenance \nor repair of intermodal equipment to be picked up by the motor carrier \nin an interchange of equipment, the controller of intermodal equipment \nshall be considered to have retaliated against the motor carrier for \nthe purposes of this section if the controller of intermodal equipment \nfails to provide the motor carrier with the equipment in a condition \ncompliant with the applicable safety regulations within 60 minutes \nafter the motor carrier arrives to pick up the equipment at the place \nwhere the equipment is to be picked up.\n ``(c) Penalty.--A controller of intermodal equipment that violates \nsubsection (a) shall be liable to the United States Government for a \ncivil penalty of up to $10,000 for each violation.''.\n\nSEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY.\n\n Chapter 59 of title 49, United States Code, as amended by section \n9, is further amended by adding at the end the following new section:\n``Sec. 5914. Maintenance responsibility\n ``A controller of intermodal equipment may not delegate its \nresponsibility to systematically maintain and repair equipment intended \nfor interchange to a motor carrier or motor carrier agent in an \nequipment interchange agreement.''.\n\nSEC. 11. COMPATIBILITY OF STATE LAWS.\n\n (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 10, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5915. Compatibility of State laws\n ``(a) Preemption Generally.--Except as provided in subsection (b) \nor as otherwise authorized by Federal law, a law, regulation, order, or \nother requirement of a State or political subdivision of a State, or of \na tribal organization, is preempted if compliance with such law, \nregulation, order, or other requirement would preclude compliance with \na requirement imposed under this chapter.\n ``(b) Certain Rules not Preempted.--A law, regulation, order, or \nother requirement of a State or political subdivision of a State, or of \na tribal organization, shall not be preempted under subsection (a) if \nsuch law, regulation, order, or other requirement is more stringent \nthan, but otherwise compatible with, a requirement under this chapter.\n ``(c) Tribal Organization Defined.--In this section, the term \n`tribal organization' has the meaning given such term in section (4)(l) \nof the Indian Self-Determination and Education Assistance Act (25 \nU.S.C. 450b(l)).''.\n\nSEC. 12. REPEAL OF OBSOLETE PROVISION.\n\n Section 5907 of title 49, United States Code, is repealed.\n\nSEC. 13. CLERICAL AMENDMENTS.\n\n The table of sections at the beginning of such chapter is amended--\n (1) by striking the item relating to section 5907; and\n (2) by adding at the end the following:\n\n``5909. Jurisdiction over equipment controller.\n``5910. Equipment inspection, repair, and maintenance.\n``5911. Compliance with safety regulations.\n``5912. Authority to inspect.\n``5913. Penalties for retaliation.\n``5914. Maintenance responsibility.\n``5915. Compatibility of State laws.''.\n\nSEC. 14. IMPLEMENTING REGULATIONS.\n\n (a) Regulations.--The Secretary of Transportation, after notice and \nopportunity for comment, shall issue regulations implementing the \nprovisions of this Act. The regulations shall be issued as part of the \nFederal Motor Carrier Safety Regulations of the Department of \nTransportation. The implementing regulations shall include--\n (1) a requirement to identify controllers of intermodal \n equipment that is interchanged or intended for interchange in \n intermodal transportation;\n (2) a requirement to match such equipment readily to its \n controller through a unique identifying number;\n (3) a requirement to ensure that each controller of \n intermodal equipment maintains a system of maintenance and \n repair records for such equipment;\n (4) a requirement to evaluate the compliance of controllers \n of intermodal equipment with the applicable Federal Motor \n Carrier Safety Regulations;\n (5) a provision that prohibits controllers of intermodal \n equipment that fail to attain satisfactory compliance with such \n regulations from authorizing the placement of equipment on \n public highways;\n (6) a requirement for the Secretary to consider the effect \n that adequate maintenance facilities may have on safety \n condition of equipment;\n (7) a process by which motor carriers and agents of motor \n carriers may anonymously petition the Federal Motor Carrier \n Safety Administration to undertake an investigation of a \n noncompliant controller of intermodal equipment;\n (8) administrative procedures to resolve disputes arising \n under the regulations; and\n (9) the inspection and audit program required under section \n 5912(b) of title 49, United States Code, as added by section 8.\n (b) Time for Issuing Regulations.--The regulations required under \nsubsection (a) shall be developed pursuant to a rulemaking proceeding \ninitiated not later than 120 days after the date of the enactment of \nthis Act and shall be issued not later than one year after such date of \nenactment.\n (c) Definitions.--For the purposes of this section, the definitions \nset forth in section 5901 of title 49, United States Code, as amended \nby section 4, shall apply.\n\nSEC. 15. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Federal Motor Carrier \nSafety Administration such sums as may be necessary for the \nestablishment and implementation of the inspection program required \nunder section 5912 of title 49, United States Code, as added by section \n8.\n\nSEC. 16. EFFECTIVE DATE.\n\n Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the \namendments made by such sections shall take effect 30 days after the \ndate of the enactment of this Act.","summary":"Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects controllers of interchangeable intermodal equipment to commercial motor vehicle safety regulation and liability, including systematic inspection, maintenance, and repair requirements. Authorizes the Secretary of Transportation to conduct inspections. Prohibits a controller from retaliating against any motor carrier in response to a request for safety maintenance or repair of equipment intended for interchange, including failing to provide requested safe equipment in a timely fashion. Prohibits controller delegation of this maintenance responsibility. Directs the Secretary to issue implementing regulations as part of the Federal Motor Carrier Safety Regulations.","title":"A bill to amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.","text_len":17689,"sum_len":739} {"bill_id":"113_hr5209","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Avonte's Law Act of 2014''.\n\nSEC. 2. GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE \n WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES.\n\n Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:\n\n ``PART LL--GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE \n WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES\n\n``SEC. 3021. PROGRAM AUTHORIZED.\n\n ``(a) In General.--The Attorney General may make grants to law \nenforcement agencies to--\n ``(1) reduce the risk of injury and death relating to the \n wandering characteristics of some individuals with autism and \n other disabilities; and\n ``(2) safeguard the well-being of individuals with \n disabilities during interactions with law enforcement.\n ``(b) Uses of Funds.--A grant awarded under this section shall be--\n ``(1) distributed directly to a law enforcement agency; and\n ``(2) used to--\n ``(A) provide education and resources to law \n enforcement agencies, first responders, schools, \n clinicians, and the public in order to--\n ``(i) reduce the risk of wandering by \n individuals with autism or other disabilities;\n ``(ii) help to identify signs of abuse in \n individuals with autism or other disabilities;\n ``(iii) increase personal safety and \n survival skills for individuals with autism or \n other disabilities; and\n ``(iv) facilitate effective communication \n with individuals who have communication-related \n disabilities, including the use of assistive \n communication techniques and technology;\n ``(B) provide training and emergency protocols for \n school administrators, staff, and families;\n ``(C) provide response tools and training for law \n enforcement and search-and-rescue agencies, including--\n ``(i) tracking technology;\n ``(ii) reverse 911 technology;\n ``(iii) assistive communication technology;\n ``(iv) Endangered Missing Advisories; and\n ``(v) Federal search-and-rescue guidelines \n for special needs children; or\n ``(D) provide response tools and training to law \n enforcement agencies in order to recognize and respond \n to individuals with intellectual and developmental \n disabilities.\n ``(c) Standards and Best Practices for Use of Tracking Devices.--\n ``(1) Establishment.--\n ``(A) In general.--Not later than 120 days after \n the date of enactment of this part, the Attorney \n General, in consultation with the Secretary of Health \n and Human Services and leading research, advocacy, \n self-advocacy, and service organizations, shall \n establish standards and best practices relating to the \n use of tracking technology to monitor children with \n autism and other disabilities.\n ``(B) Requirements.--In establishing the standards \n and best practices required under subparagraph (A), the \n Attorney General--\n ``(i) shall determine--\n ``(I) the criteria used to \n determine which individuals would \n benefit from the use of a tracking \n device; and\n ``(II) who should have direct \n access to the tracking system; and\n ``(ii) may establish standards and best \n practices the Attorney General determines are \n necessary to the administration of a tracking \n system, including procedures in order to--\n ``(I) safeguard the privacy of the \n data used by the tracking device such \n that--\n ``(aa) access to the data \n is restricted to agencies \n determined necessary by the \n Attorney General; and\n ``(bb) use of the data is \n solely for the purpose of \n preventing injury or death;\n ``(II) develop criteria to \n determine whether use of the tracking \n device is the least restrictive \n alternative in order to prevent risk of \n injury or death prior to issuing the \n tracking device, including the previous \n consideration of less restrictive \n alternatives;\n ``(III) provide training for law \n enforcement agencies to recognize signs \n of abuse in their interactions with \n applicants;\n ``(IV) protecting the civil rights \n and liberties of children with \n disabilities who use tracking devices, \n including their rights under the Fourth \n Amendment of the Constitution of the \n United States;\n ``(V) establish a complaint and \n investigation process to address--\n ``(aa) incidents of \n noncompliance by grant \n recipients with the best \n practices established by the \n Attorney General or other \n applicable law; and\n ``(bb) use of a tracking \n device over the objection of a \n child with a disability; and\n ``(VI) the role which State \n agencies responsible for providing \n services to children with developmental \n disabilities and State agencies \n responsible for child protective \n services should have in the \n administration of a tracking system.\n ``(2) Required compliance.--\n ``(A) In general.--Each law enforcement agency that \n receives a grant under this section shall comply with \n any standards and best practices relating to the use of \n tracking devices as established by the Attorney General \n under paragraph (1), in consultation with the Secretary \n of Health and Human Services and leading research, \n advocacy, self-advocacy, and service organizations.\n ``(B) Determination of compliance.--The Attorney \n General, in consultation with the Secretary of Health \n and Human Services, shall determine whether a law \n enforcement agency that receives a grant under this \n section acts in compliance with the requirement \n described in paragraph (1).\n ``(3) Applicability of standards and best practices.--The \n standards and best practices established by the Attorney \n General under paragraph (1) shall apply only to the grant \n program authorized under this part.\n\n``SEC. 3022. APPLICATIONS.\n\n ``To request a grant under section 3021, the head of a law \nenforcement agency shall submit an application to the Attorney General \nin such form and containing such information as the Attorney General \nmay reasonably require.\n\n``SEC. 3023. DEFINITIONS.\n\n ``In this part--\n ``(1) the term `child' means an individual who is less than \n 18 years of age;\n ``(2) the term `Indian tribe' has the same meaning as in \n section 4(e) of the Indian Self-Determination and Education \n Assistance Act (25 U.S.C. 450b(e));\n ``(3) the term `law enforcement agency' means an agency of \n a State, unit of local government, or Indian tribe that is \n authorized by law or by a government agency to engage in or \n supervise the prevention, detection, investigation, or \n prosecution of any violation of criminal law;\n ``(4) the term `State' means each of the 50 States, the \n District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, American Samoa, Guam, and the \n Northern Mariana Islands; and\n ``(5) the term `unit of local government' means a county, \n municipality, town, township, village, parish, borough, or \n other unit of general government below the State level.\n\n``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \n$10,000,000 for each of fiscal years 2015 through 2019.''.","summary":"Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities. (2) provide training and emergency protocols for school administrators, staff, and families. (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology. Or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices.","title":"Avonte's Law Act of 2014","text_len":10216,"sum_len":1508} {"bill_id":"109_s1835","text":"SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.\n\n (a) Definitions.--In this Act:\n (1) Essential mineral right.--The term ``essential mineral \n right'' means a right to mine sand and gravel at Rocky Flats, \n as depicted on the map.\n (2) Fair market value.--The term ``fair market value'' \n means the value of an essential mineral right, as determined by \n an appraisal performed by an independent, certified mineral \n appraiser under the Uniform Standards of Professional Appraisal \n Practice.\n (3) Map.--The term ``map'' means the map entitled ``Rocky \n Flats National Wildlife Refuge'', dated July 25, 2005, and \n available for inspection in appropriate offices of the United \n States Fish and Wildlife Service and the Department of Energy.\n (4) Natural resource damage liability claim.--The term \n ``natural resource damage liability claim'' means a natural \n resource damage liability claim under subsections (a)(4)(C) and \n (f) of section 107 of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9607) \n arising from hazardous substances releases at or from Rocky \n Flats that, as of the date of enactment of this Act, are \n identified in the administrative record for Rocky Flats \n required by the National Oil and Hazardous Substances Pollution \n Contingency Plan prepared under section 105 of that Act (42 \n U.S.C. 9605).\n (5) Rocky flats.--The term ``Rocky Flats'' means the \n Department of Energy facility in the State of Colorado known as \n the ``Rocky Flats Environmental Technology Site''.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (7) Trustees.--The term ``Trustees'' means the Federal and \n State officials designated as trustees under section 107(f)(2) \n of the Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9607(f)(2)).\n (b) Purchase of Essential Mineral Rights.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, such amounts authorized to be \n appropriated under subsection (c) shall be available to the \n Secretary to purchase essential mineral rights at Rocky Flats.\n (2) Conditions.--The Secretary shall not purchase an \n essential mineral right under paragraph (1) unless--\n (A) the owner of the essential mineral right is a \n willing seller; and\n (B) the Secretary purchases the essential mineral \n right for an amount that does not exceed fair market \n value.\n (3) Limitation.--Only those funds authorized to be \n appropriated under subsection (c) shall be available for the \n Secretary to purchase essential mineral rights under paragraph \n (1).\n (4) Release from liability.--Notwithstanding any other law, \n any natural resource damage liability claim shall be considered \n to be satisfied by--\n (A) the purchase by the Secretary of essential \n mineral rights under paragraph (1) for consideration in \n an amount equal to $10,000,000;\n (B) the payment by the Secretary to the Trustees of \n $10,000,000; or\n (C) the purchase by the Secretary of any portion of \n the mineral rights under paragraph (1) for--\n (i) consideration in an amount less than \n $10,000,000; and\n (ii) a payment by the Secretary to the \n Trustees of an amount equal to the difference \n between--\n (I) $10,000,000; and\n (II) the amount paid under clause \n (i).\n (5) Use of funds.--\n (A) In general.--Any amounts received under \n paragraph (4) shall be used by the Trustees for the \n purposes described in section 107(f)(1) of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9607(f)(1)), \n including--\n (i) the purchase of additional mineral \n rights at Rocky Flats; and\n (ii) the development of habitat restoration \n projects at Rocky Flats.\n (B) Condition.--Any expenditure of funds under this \n paragraph shall be made jointly by the Trustees.\n (C) Additional funds.--The Trustees may use the \n funds received under paragraph (4) in conjunction with \n other private and public funds.\n (6) Exemption from national environmental policy act.--Any \n purchases of mineral rights under this subsection shall be \n exempt from the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.).\n (7) Rocky flats national wildlife refuge.--\n (A) Transfer of management responsibilities.--The \n Rocky Flats National Wildlife Refuge Act of 2001 (16 \n U.S.C. 668dd note; Public Law 107-107) is amended--\n (i) in section 3175--\n (I) by striking subsections (b) and \n (f); and\n (II) by redesignating subsections \n (c), (d), and (e) as subsections (b), \n (c), and (d), respectively; and\n (ii) in section 3176(a)(1), by striking \n ``section 3175(d)'' and inserting ``section \n 3175(c)''.\n (B) Boundaries.--Section 3177 of the Rocky Flats \n National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd \n note; Public Law 107-107) is amended by striking \n subsection (c) and inserting the following:\n ``(c) Composition.--\n ``(1) In general.--Except as provided in paragraph (2), the \n refuge shall consist of land within the boundaries of Rocky \n Flats, as depicted on the map--\n ``(A) entitled `Rocky Flats National Wildlife \n Refuge';\n ``(B) dated July 25, 2005; and\n ``(C) available for inspection in the appropriate \n offices of the United States Fish and Wildlife Service \n and the Department of Energy.\n ``(2) Exclusions.--The refuge does not include--\n ``(A) any land retained by the Department of Energy \n for response actions under section 3175(c);\n ``(B) any land depicted on the map described in \n paragraph (1) that is subject to 1 or more essential \n mineral rights described in section 3114(a) of the \n National Defense Authorization Act for Fiscal Year 2006 \n over which the Secretary shall retain jurisdiction of \n the surface estate until the essential mineral rights--\n ``(i) are purchased under subsection (b) of \n that Act; or\n ``(ii) are mined and reclaimed by the \n mineral rights holders in accordance with \n requirements established by the State of \n Colorado; and\n ``(C) the land depicted on the map described in \n paragraph (1) on which essential mineral rights are \n being actively mined as of the date of enactment of \n this subparagraph until--\n ``(i) the essential mineral rights are \n purchased; or\n ``(ii) the surface estate is reclaimed by \n the mineral rights holder in accordance with \n requirements established by the State of \n Colorado.\n ``(3) Acquisition of additional land.--Notwithstanding \n paragraph (2), upon the purchase of the mineral rights or \n reclamation of the land depicted on the map described in \n paragraph (1), the Secretary shall--\n ``(A) transfer the land to the Secretary of the \n Interior for inclusion in the refuge; and\n ``(B) the Secretary of the Interior shall--\n ``(i) accept the transfer of the land; and\n ``(ii) manage the land as part of the \n refuge.''.\n (c) Funding.--Of the amounts authorized to be appropriated to the \nSecretary for the Rocky Flats Environmental Technology Site for fiscal \nyear 2006, $10,000,000 shall be made available to the Secretary for the \npurposes described in subsection (b).","summary":"States that specified funds authorized to be appropriated to the Secretary of Energy for the Rocky Flats Environmental Technology Site (Colorado) shall be available to the Secretary for the purchase of essential mineral rights at Rocky Flats. Prescribes related conditions under which any natural resource damage liability claim shall be deemed to be satisfied. Exempts mineral rights purchased under this Act from the National Environmental Policy Act of 1969. Amends the Rocky Flats National Wildlife Refuge Act of 2001 to repeal the mandate for a Memorandum of Understanding in connection with the transfer to the Secretary of the Interior of management responsibilities and jurisdiction over Rocky Flats. Repeals, also, the prohibiton against any reduction in funds available to the Secretary of Energy for cleanup and closure of Rocky Flats as a result of such transfer. Revises the composition of the Rocky Flats National Wildlife Refuge and excludes specified lands subject to certain essential mineral rights.","title":"A bill to authorize the Secretary of Energy to purchase certain essential mineral rights and resolve natural resource damage liability claims.","text_len":9349,"sum_len":1017} {"bill_id":"105_hr1766","text":"SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED \n BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS \n PROGRAM.\n\n (a) Demonstration Project.--(1) Chapter 55 of title 10, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 1107. Health care coverage through Federal Employees Health \n Benefits program: demonstration project\n ``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2), \nthe Secretary of Defense, after consulting with the other administering \nSecretaries, shall enter into an agreement with the Office of Personnel \nManagement to conduct a demonstration project under which covered \nbeneficiaries described in subsection (b) and residing within the area \ncovered by the demonstration project will be eligible to enroll in \nhealth benefits plans offered through the Federal Employees Health \nBenefits program under chapter 89 of title 5.\n ``(2) The authority to enter into the agreement described in \nparagraph (1) and to conduct the demonstration project provided for by \nthe agreement shall be subject to the availability of appropriations to \ncarry out the demonstration project.\n ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary \nreferred to in subsection (a) is a member or former member of the \nuniformed services described in section 1074(b) of this title, or a \ndependent of the member described in section 1076(b) of this title, who \nis or becomes entitled to hospital insurance benefits under part A of \ntitle XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).\n ``(2) A covered beneficiary described in paragraph (1) shall not be \nrequired to satisfy any eligibility criteria specified in chapter 89 of \ntitle 5 as a condition for enrollment in health benefits plans offered \nthrough the Federal Employee Health Benefits program under the \ndemonstration project. However, if the covered beneficiary is enrolled \nin the supplemental medical insurance program under part B of title \nXVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the \ncovered beneficiary enrolls in a health benefits plan offered pursuant \nto subsection (a), the covered beneficiary shall be required to remain \nenrolled in such supplemental medical insurance program during the term \nof the demonstration project.\n ``(c) Area of Demonstration Project.--The Secretary of Defense \nshall carry out the demonstration project in two geographic areas as \nfollows:\n ``(1) One area shall include the catchment area of one or \n more military medical treatment facilities, within which not \n more than 25,000 eligible covered beneficiaries reside.\n ``(2) The other area shall not include the catchment area \n of any military medical treatment facility and not more than \n 25,000 eligible covered beneficiaries may reside in the area.\n ``(d) Time for Demonstration Project.--The Secretary of Defense \nshall conduct the demonstration project during at least two, but not \nmore than three, contract years under the Federal Employees Health \nBenefits program.\n ``(e) Management of Participation.--The authority responsible for \napproving retired or retainer pay or equivalent pay in the case of a \nmember or former member shall manage the participation of the member or \nformer member, or dependents of the member or former member, who enroll \nin health benefits plans offered through the Federal Employee Health \nBenefits program pursuant to subsection (a). Such authority shall \ndistribute program information to eligible covered beneficiaries, \nprocess enrollment applications, forward all required contributions to \nthe Employees Health Benefits Fund established under section 8909 of \ntitle 5 in a timely manner, assist in the reconciliation of enrollment \nrecords with health plans, and prepare such reports as the Office of \nPersonnel Management may require in its administration of chapter 89 of \ntitle 5.\n ``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel \nManagement shall require health benefits plans under chapter 89 of \ntitle 5 that participate in the demonstration project to maintain a \nseparate risk pool for purposes of establishing premium rates for \ncovered beneficiaries who enroll in such a plan in accordance with this \nsection.\n ``(2) The Office shall determine total subscription charges for \nself only or for family coverage for covered beneficiaries who enroll \nin a health benefits plan under chapter 89 of title 5 in accordance \nwith this section, which shall include premium charges paid to the plan \nand amounts described in section 8906(c) of title 5 for administrative \nexpenses and contingency reserves.\n ``(g) Government Contributions.--The Secretary of Defense shall be \nresponsible for the Government contribution for an eligible covered \nbeneficiary who enrolls in a health benefits plan under chapter 89 of \ntitle 5 in accordance with this section, except that the amount of the \ncontribution may not exceed the amount of the Government contribution \nwhich would be payable if the electing individual were an employee \nenrolled in the same health benefits plan and level of benefits.\n ``(h) Effect of Cancellation.--The cancellation by a covered \nbeneficiary of coverage under the Federal Employee Health Benefits \nprogram shall be irrevocable during the term of the demonstration \nproject.\n ``(i) Reporting Requirements.--Not later than May 31 of each year \nin which the demonstration project is conducted, the Secretary of \nDefense and the Director of the Office of Personnel Management shall \njointly submit a report to Congress describing the provision of health \ncare services to covered beneficiaries under this section during the \npreceding calendar year. The report shall address or contain the \nfollowing:\n ``(1) The number of covered beneficiaries enrolled in \n health benefits plans offered through the Federal Employee \n Health Benefits program pursuant to subsection (a), both in \n terms of total number and as a percentage of all covered \n beneficiaries receiving health care through the health care \n system of the uniformed services.\n ``(2) Any changes in enrollment patterns and numbers \n compared to previous open seasons under the demonstration \n project.\n ``(3) The out-of-pocket cost to enrollees under such health \n benefits plans and a comparison of those costs to the costs \n incurred by other enrollees under the Federal Employee Health \n Benefits program.\n ``(4) The cost to the Government (including the Department \n of Defense, the Department of Transportation, and the \n Department of Health and Human Services) of providing care \n under such health benefits plans.\n ``(5) A comparison of the costs determined under paragraphs \n (3) and (4) and the costs that would have otherwise been \n incurred by the Government and enrollees under alternative \n health care options available to the administering Secretaries.\n ``(6) The effect of this section on the cost, access, and \n utilization rates of other health care options under the health \n care system of the uniformed services.''.\n (2) The table of sections at the beginning of such chapter is \namended by adding at the end the following new item:\n\n``1107. Health care coverage through Federal Employees Health Benefits \n program: demonstration project.''.\n (b) Chapter 89 of title 5, United States Code, is amended--\n (1) in section 8905--\n (A) by redesignating subsections (d) through (f) as \n subsections (e) through (g), respectively; and\n (B) by inserting after subsection (c) the following \n new subsection:\n ``(d) An individual whom the Secretary of Defense determines is an \neligible covered beneficiary under subsection (b) of section 1107 of \ntitle 10 may enroll, as part of the demonstration project under such \nsection, in a health benefits plan under this chapter in accordance \nwith the agreement under subsection (a) of such section between the \nSecretary and the Office and applicable regulations under this \nchapter.'';\n (2) in section 8906(b)--\n (A) in paragraph (1), by striking ``paragraphs (2) \n and (3)'' and inserting in lieu thereof ``paragraphs \n (2), (3), and (4)''; and\n (B) by adding at the end the following new \n paragraph:\n ``(4) In the case of individuals who enroll, as part of the \ndemonstration project under section 1107 of title 10, in a health \nbenefits plan in accordance with section 8905(d) of this title, the \nGovernment contribution shall be determined in accordance with section \n1107(g) of title 10.''; and\n (3) in section 8906(g)--\n (A) in paragraph (1), by striking ``paragraph (2)'' \n and inserting in lieu thereof ``paragraphs (2) and \n (3)''; and\n (B) by adding at the end the following new \n paragraph:\n ``(3) The Government contribution described in subsection (b)(4) \nfor beneficiaries who enroll, as part of the demonstration project \nunder section 1107 of title 10, in accordance with section 8905(d) of \nthis title shall be paid as provided in section 1107(g) of title 10.''.","summary":"Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project, (2) Government contributions for beneficiary coverage under the FEHB program, and (3) reporting requirements.","title":"To amend title 10, United States Code, to establish a demonstration project to evaluate the feasibility of using the Federal Employees Health Benefits program to ensure the availability of adequate health care for Medicare-eligible beneficiaries under the military health care system.","text_len":9571,"sum_len":822} {"bill_id":"106_s2108","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campus Fire Safety Right to Know \nAct''.\n\nSEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT \n TO CAMPUS BUILDINGS.\n\n Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is \namended--\n (1) in subsection (a)(1)--\n (A) by striking ``and'' at the end of subparagraph \n (N);\n (B) by striking the period at the end of \n subparagraph (O) and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(P) the fire safety report prepared by the institution \n pursuant to subsection (h).''; and\n (2) by adding at the end the following new subsection:\n ``(h) Disclosure of Fire Safety Standards and Measures.--\n ``(1) Fire safety reports required.--Each eligible \n institution participating in any program under this title \n shall, beginning in 2001, and each year thereafter, prepare, \n publish, and distribute, through appropriate publications or \n mailings, to all current students and employees, and to any \n applicant for enrollment or employment upon request, an annual \n fire safety report containing at least the following \n information with respect to the campus fire safety practices \n and standards of that institution:\n ``(A) A statement that identifies each student \n housing facility of the institution, and whether or not \n each such facility is equipped with a fire sprinkler \n system or another equally protective fire safety \n system.\n ``(B) Statistics concerning the occurrence on \n campus, during the 2 preceding calendar years for which \n data are available, of fires and false fire alarms.\n ``(C) For each such occurrence, a statement of the \n human injuries or deaths and the structural damage \n caused by the occurrence.\n ``(D) Information regarding fire alarms, smoke \n alarms, the presence of adequate fire escape planning \n or protocols, rules on portable electrical appliances, \n smoking and open flames (such as candles), regular \n mandatory supervised fire drills, and planned and \n future improvement in fire safety.\n ``(2) Rule of construction.--Nothing in this subsection \n shall be construed to authorize the Secretary to require \n particular policies, procedures, or practices by institutions \n of higher education with respect to fire safety.\n ``(3) Reports.--Each institution participating in any \n program under this title shall make timely reports to the \n campus community on fires that are reported to local fire \n departments and the incidence of false fire alarms on campus. \n Such reports shall be provided to students and employees in a \n manner that is timely and that will aid in the prevention of \n similar occurrences.\n ``(4) Logs.--Each institution participating in any program \n under this title shall make, keep, and maintain a log, written \n in a form that can be easily understood, recording all fires \n reported to local fire departments, including the nature, date, \n time, and general location of each fire, and all false fire \n alarms. All entries that are required pursuant to this \n paragraph shall, except where disclosure of such information is \n prohibited by law, be open to public inspection.\n ``(5) Reports to secretary.--On an annual basis, each \n institution participating in any program under this title shall \n submit to the Secretary a copy of the statistics required to be \n made available under paragraph (1)(B). The Secretary shall--\n ``(A) review such statistics;\n ``(B) make copies of the statistics submitted to \n the Secretary available to the public; and\n ``(C) in coordination with representatives of \n institutions of higher education, identify exemplary \n fire safety policies, procedures, and practices and \n disseminate information concerning those policies, \n procedures, and practices that have proven effective in \n the reduction of campus fires.\n ``(6) Definition of campus.--In this subsection the term \n `campus' has the meaning provided in subsection (f)(6).''.\n\nSEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Education shall prepare and submit to the Congress a \nreport containing--\n (1) an analysis of the current status of fire safety \n systems in college and university facilities, including \n sprinkler systems;\n (2) an analysis of the appropriate fire safety standards to \n apply to these facilities, which the Secretary shall prepare \n after consultation with such fire safety experts, \n representatives of institutions of higher education, and other \n Federal agencies as the Secretary, in the Secretary's \n discretion, considers appropriate;\n (3) an estimate of the cost of bringing all nonconforming \n dormitories and other campus buildings up to current new \n building codes; and\n (4) recommendations from the Secretary concerning the best \n means of meeting fire safety standards in all college and \n university facilities, including recommendations for methods to \n fund such cost.","summary":"Directs the Secretary to: (1) review such statistics, (2) make copies available to the public. (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. And (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.","title":"Campus Fire Safety Right to Know Act","text_len":5959,"sum_len":553} {"bill_id":"115_hr1122","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Secondary Payer Advancement, \nRationalization, and Clarification Act'' or the ``SPARC Act''.\n\nSEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG \n SECONDARY CLAIMS RESPONSIBILITY.\n\n (a) In General.--Section 1860D-2(a)(4) of the Social Security Act \n(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:\n ``(4) Secondary payor and recovery rights.--\n ``(A) In general.--\n ``(i) Application of secondary payor.--A \n prescription drug plan shall be secondary payor \n to any valid and collectible payment from a \n primary drug plan (as defined in clause (iv)) \n until such time as such primary drug plan pays \n a final settlement, judgment, or award to an \n individual enrolled under the prescription drug \n plan with regard to an injury or illness \n involved or otherwise terminates its ongoing \n responsibility for medical payments with \n respect to the individual.\n ``(ii) Limitation on parties making \n prescription drug plans primary.--A primary \n drug plan (as defined in clause (iv), other \n than a group health plan or multiemployer or \n multiple employer plan of, or contributed to \n by, an employer that has 20 or fewer employees \n for each working day in each of 20 or more \n calendar weeks in the calendar year involved or \n the preceding calendar year), a self-insured \n plan, a service benefit plan, a managed care \n organization, a pharmacy benefit manager, or \n other party that, by statute, contract, or \n agreement, is legally responsible for payment \n of a claim for a covered outpatient drug, in \n enrolling an individual or in making any \n payments for benefits to the individual or on \n the individual's behalf, may not take into \n account that the individual is enrolled under a \n prescription drug plan under this part or is \n eligible for or is provided coverage for \n covered part D drugs under this part.\n ``(iii) Limitation on secretarial claims \n through subrogation.--The Secretary shall not \n assert any claim on behalf or against a \n prescription drug plan, other than through the \n recovery from such a plan of amounts paid \n related to a covered part D drug event that has \n been repaid to the plan through a subrogation \n action or otherwise.\n ``(iv) Primary drug plan defined.--In this \n paragraph, the term `primary drug plan' means, \n with respect to benefits for covered part D \n drugs, a group health plan or large group \n health plan (other than a group health plan or \n multiemployer or multiple employer plan of, or \n contributed to by, an employer that has 20 or \n fewer employees for each working day in each of \n 20 or more calendar weeks in the calendar year \n involved or the preceding calendar year), a \n workers' compensation law or plan, an \n automobile or liability insurance policy or \n plan (including a self-insured plan) or no-\n fault insurance insofar as such a plan, law, \n policy, or insurance provides such benefits, \n insofar as, under the provisions of section \n 1862(b)(2), such coverage would be treated as a \n primary plan if benefits for covered part D \n drugs were treated as benefits under parts A \n and B. For purposes of this clause, an entity \n that engages in a business, trade, or \n profession shall be deemed to have a self-\n insured plan if it carries its own risk \n (whether by a failure to obtain insurance, or \n otherwise) in whole or in part.\n ``(B) Waiver.--A prescription drug plan may waive \n (in whole or in part) the provisions of this paragraph \n in the case of an individual claim if the plan \n determines that the waiver is in the best interests of \n the program established under this part.\n ``(C) Recovery.--A prescription drug plan shall be \n subrogated (to the extent of payment made under this \n part by the plan for any covered part D drug before the \n date the plan received notice pursuant to subparagraph \n (D)) to any right of an individual or any other entity \n to payment, with respect to such covered part D drug, \n under a primary drug plan. A subrogation claim may not \n be asserted pursuant to this subparagraph by a \n prescription drug plan with respect to a payment for a \n covered part D drug after the date that is 3 years \n after the date such plan receives notice of a payment, \n with respect to such covered part D drug, pursuant to \n subparagraph (D). Any such subrogation claim shall be \n the exclusive legal remedy of the PDP sponsor of the \n plan and shall be reduced to take into account the cost \n of procuring the judgment or settlement with respect to \n such claim if an individual's liability, workers' \n compensation, or no-fault claim is disputed. Any costs \n or expense incurred by a prescription drug plan related \n to recoveries pursuant to this subparagraph shall not \n be considered an administrative cost or expense, as \n those terms are used in this part.\n ``(D) Coordination of benefits information.--Not \n later than 15 days after the date the Secretary \n receives information under paragraph (7) or (8) of \n section 1862(b) relating to an individual enrolled in a \n prescription drug plan during an applicable time, the \n Secretary shall provide such information to such \n prescription drug plan in a format convenient and \n accessible to such plans. The Secretary shall waive any \n requirements under this part that a prescription drug \n plan establish procedures for determining whether costs \n for part D eligible individuals are being reimbursed \n through insurance or otherwise or identify payers that \n are primary to the program under subparagraph (A)(ii) \n other than as required under this paragraph.\n ``(E) Coordination of benefits.--A prescription \n drug plan shall, in the case of receipt of a notice \n pursuant to subparagraph (D) related to an enrollee for \n whom a primary drug plan has reported on ongoing \n responsibility for medical costs pursuant to paragraph \n (7) or (8) of section 1862(b), authorize the provider \n of such covered part D drug to charge, in accordance \n with the charges allowed under the prescription drug \n plan, such primary drug plan for such covered part D \n drug related to or arising out of the treatment \n accident or injury subject to such notice (other than \n payments subject to a claim under subparagraph (B) or \n (F)) for the period in which the enrollee remains \n enrolled in such plan through the date upon which such \n primary drug plan has terminated such ongoing \n responsibility for medical payments.\n ``(F) Use of web site to determine final \n reimbursement amount.--\n ``(i) Notification of plans.--Not later \n than 10 days after the date the Secretary \n receives a notice under section \n 1862(b)(2)(B)(vii)(I) relating to an individual \n during the period the individual is enrolled in \n a prescription drug plan, the Secretary shall \n provide such notice to the plan.\n ``(ii) Statement by plan.--\n ``(I) In general.--Not later than \n 30 days after the date a plan receives \n a notice under clause (i), the plan may \n provide the Secretary with a statement \n of any covered part D drug for which \n the plan seeks reimbursement, including \n the amount of such reimbursement.\n ``(II) Failure to provide \n statement.--The prescription drug plan \n shall be deemed to have waived its \n rights under subparagraph (B)--\n ``(aa) in the case that the \n prescription drug plan does not \n provide such statement by such \n date, with respect to any \n covered part D drug provided to \n such individual with respect to \n such notice; and\n ``(bb) in the case that the \n prescription drug plan provides \n such statement by such date, \n with respect to any covered \n part D drug provided to such \n individual which was not \n identified in the notice.\n ``(iii) Inclusion of information on web \n site.--The Secretary shall include any covered \n part D drug identified by a prescription drug \n plan pursuant to clause (ii) within the \n Secretary's statement of reimbursement amount \n on the Web site as described in section \n 1862(b)(2)(B)(vii).\n ``(iv) Collection.--The Secretary may \n collect (on behalf of a prescription drug plan) \n the reimbursement amount for covered part D \n drugs, as identified pursuant to clause (ii), \n from the individual involved or the primary \n drug plan pursuant to the procedures set forth \n under section 1862(b)(2)(B)(vii). Any such \n amounts collected by the Secretary for covered \n part D drugs directly paid by the plan shall be \n remitted directly by the Secretary to the \n appropriate prescription drug plan that \n enrolled the individual related to the notice \n during the applicable time period for which \n such individual was enrolled, and the Secretary \n shall retain such amounts as were paid to the \n plan in subsidy for such drugs.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to drugs dispensed in years beginning more than 6 months after \nthe date of the enactment of this Act.","summary":"Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill specifiesnbsp. Recovery rules and timelines with respect to secondary claims responsibility under the Medicare prescription drug benefit. Current law specifies only thatnbsp. Secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.","title":"Secondary Payer Advancement, Rationalization, and Clarification Act","text_len":13006,"sum_len":395} {"bill_id":"113_hr5526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Manufacturing Universities Act of \n2014''.\n\nSEC. 2. MANUFACTURING UNIVERSITIES.\n\n (a) Definitions.--In this section:\n (1) Director.--The term ``Director'' means the Director of \n the Institute of Standards and Technology.\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (3) Manufacturing industry.--The term ``manufacturing \n industry'' means an industry defined in North American Industry \n Classification System codes 31, 32, and 33.\n (4) United states manufacturing university.--The term \n ``United States manufacturing university'' means an institution \n of higher education that receives a designation from the \n Director under subsection (b)(1).\n (b) Manufacturing University Program.--\n (1) Authorization.--The Director is authorized to establish \n a program to designate an institution of higher education as a \n United States manufacturing university. The Director, in \n coordination with the heads of other Federal agencies \n (including the Secretary of Defense, the Secretary of Energy, \n and the Director of the National Science Foundation), shall \n designate not more than 25 institutions of higher education as \n United States manufacturing universities. The Director shall \n award designations not earlier than January 1, 2015, and not \n later than March 31, 2015.\n (2) Funds provided.--An institution of higher education \n that receives a designation under paragraph (1) shall be \n awarded $5,000,000 for each fiscal year for a 4-year period \n beginning in the fiscal year in which the institution of higher \n education receives the designation under paragraph (1).\n (3) Use of funds.--Funds provided to an institution of \n higher education under this subsection shall be used to carry \n out the goals and meet the targets described in subsection \n (c)(2)(B).\n (c) Application.--\n (1) In general.--An institution of higher education \n desiring a designation under subsection (b)(1) shall submit an \n application to the Director at such time, in such manner, and \n accompanied by such information as the Director may reasonably \n require.\n (2) Contents.--Each application submitted pursuant to \n paragraph (1) shall--\n (A) submit data describing, as of the date of \n submission of the application--\n (i) the engineering programs offered by the \n institution of higher education, including any \n focus on manufacturing engineering and \n curricula related to manufacturing industries;\n (ii) current joint projects relating to \n engineering between firms in the manufacturing \n industry and the institution of higher \n education;\n (iii) the percentage of students in the \n engineering program of the institution of \n higher education who participated in for-credit \n internship, cooperative education, or other \n similar programs with manufacturing firms in \n the most recent academic year for which \n information is available;\n (iv) the percentage of students enrolled at \n the institution of higher education who \n received a bachelor's degree, a master's \n degree, or a doctoral degree in engineering in \n the most recent academic year for which \n information is available, and a description of \n which engineering discipline each recipient of \n such degree studied;\n (v) the amount and purpose of research and \n development funding that manufacturing firms \n have provided to the institution of higher \n education for each of the 3 years preceding the \n date of submission of the application;\n (vi) the percentage of recent master's \n degree or doctoral degree graduates of the \n institution of higher education who have begun \n careers related to manufacturing and a \n description of--\n (I) the institution's involvement \n in manufacturing startups; and\n (II) any new manufacturing \n businesses created by recent master's \n degree or doctoral degree graduates in \n the 3 years preceding the date of \n submission of the application; and\n (vii) the extent and a description of other \n programs at the institution of higher education \n related to manufacturing and entrepreneurship; \n and\n (B) submit a plan, including specific targets and \n goals to be achieved not later than 4 years after the \n date of designation under subsection (b)(1), \n describing--\n (i) how the engineering programs offered by \n the institution of higher education will be \n improved to emphasize manufacturing engineering \n and curricula related to manufacturing \n industries;\n (ii) how the institution of higher \n education will increase the number of joint \n projects relating to engineering between \n manufacturing firms and the institution of \n higher education;\n (iii) how the institution of higher \n education will increase the number of students \n in the engineering program of the institution \n who participate in for-credit internship, \n cooperative education, or other similar \n programs in manufacturing firms;\n (iv) how the institution of higher \n education will increase the number of students \n who are United States citizens or permanent \n residents enrolled at the institution who \n receive a bachelor's degree, a master's degree, \n or a doctoral degree in engineering or applied \n science, in particular disciplines related to \n manufacturing, including chemical, electrical, \n mechanical, industrial, mechatronics, computer, \n biomedical, and nano engineering, as well as \n materials science, computer science, and \n applied mathematics;\n (v) how the institution of higher education \n will cover the costs of equipment and \n facilities related to its proposal and how it \n will increase funding from industry for \n research and development related to \n manufacturing;\n (vi) how the institution of higher \n education will increase the number of students \n who receive a degree from the institution of \n higher education who launch a new manufacturing \n business, as defined by the Bureau of Economic \n Analysis as the North American Industry \n Classification System code 3111 to 3399;\n (vii) how the institution of higher \n education will oversee interdisciplinary \n programs relating to advancing manufacturing \n productivity and innovation across various \n university colleges, departments, and programs;\n (viii) how the institution of higher \n education will designate an appropriate \n individual to oversee and coordinate the \n activities committed to as a part of the \n universities outlined ``manufacturing \n university'' plan who may be designated as a \n ``Chief Manufacturing Officer'';\n (ix) how the manufacturing engineering \n program can positively impact local and \n regional economic development; and\n (x) how the participating institutions and \n departments, particularly within engineering \n and business, will recognize and reward \n faculty, including through decisions of tenure, \n for developing innovative new means to increase \n interactions with manufacturing companies.\n (d) Administration of Program.--\n (1) General policies.--The Director shall establish and \n publish general policies regarding--\n (A) review of applications;\n (B) criteria for selection of institutions of \n higher education to receive a designation under \n subsection (b)(1);\n (C) procedures and criteria for the review required \n in paragraph (2); and\n (D) such other matters as the Director may \n prescribe.\n (2) Review.--\n (A) In general.--Not later than 2 years after the \n date an institution of higher education receives a \n designation under subsection (b)(1), the Director shall \n conduct a review of the progress the institution of \n higher education has made toward the targets and goals \n described in subsection (c)(2)(B). If the Director \n determines that the institution of higher education is \n making adequate progress toward such targets and goals, \n funds provided under subsection (b)(1) shall continue \n for the remainder of the designation period.\n (B) Progress report.--Each institution of higher \n education receiving a designation under subsection \n (b)(1) shall submit a report each year that includes \n information on the progress the institution is making \n toward the targets and goals described in subsection \n (c)(2)(B).\n (C) Renewal.--An institution of higher education \n receiving a designation under subsection (b)(1) shall \n not be eligible to receive funds under subsection \n (b)(2) after the expiration of the 4-year period.\n (3) Report required.--Not later than September 30 of each \n year, the Director shall submit to Congress a report that \n includes--\n (A) a list of the institutions of higher education \n that have received a designation under subsection \n (b)(1); and\n (B) a description of the progress such institutions \n of higher education have made toward the targets and \n goals described in subsection (c)(2)(B).\n (e) Assistance for Small Businesses.--Not later than 6 months after \nthe date of enactment of this Act, the Director, in cooperation with \nthe Administrator of the Small Business Administration, shall make \nrecommendations on how the programs established under Phase III of the \nSmall Business Act (15 U.S.C. 638), can be adapted to provide \nassistance to small businesses that collaborate with United States \nmanufacturing universities.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated $125,000,000 for each of fiscal years 2015, 2016, 2017, \nand 2018 to carry out the provisions of this section.","summary":"Manufacturing Universities Act of 2014 - Authorizes the National Institute of Standards and Technology (NIST) to establish a program to designate up to 25 institutions of higher education as US manufacturing universities that are to be awarded funds over a four-year period. Requires an institution applying for such program to submit a plan describing its engineering programs, its relationship to manufacturing industries, and its ability to positively impact local and regional economic development. Requires NIST to recommend adaptations to certain Small Business Act programs to assist small businesses that collaborate with such universities.","title":"Manufacturing Universities Act of 2014","text_len":13096,"sum_len":648} {"bill_id":"114_hr4635","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Servicemembers and Veterans \nPrescription Drug Safety Act of 2016''.\n\nSEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED \n FORCES AND THEIR DEPENDENTS.\n\n (a) Definitions.--In this section:\n (1) Covered beneficiary.--The term ``covered beneficiary'' \n has the meaning given that term in section 1072 of title 10, \n United States Code.\n (2) Covered controlled substance.--The term ``covered \n controlled substance'' means a controlled substance that is \n listed in schedule II, III, IV, or V of section 202(c) of the \n Controlled Substances Act (21 U.S.C. 812(c)).\n (3) Dependent.--The term ``dependent'' has the meaning \n given that term in section 1072 of title 10, United States \n Code.\n (4) Eligible person.--The term ``eligible person'' means--\n (A) a member of the Armed Forces;\n (B) an individual who is receiving or is entitled \n to receive retired or retainer pay under chapter 71 of \n title 10, United States Code;\n (C) a dependent of a member of the Armed Forces, if \n that dependent is a covered beneficiary in receipt of \n health care services under chapter 55 of title 10, \n United States Code; and\n (D) any person lawfully entitled to dispose of the \n property of a person described in subparagraphs (A) \n through (C) who dies while lawfully in possession of a \n covered controlled substance for personal use.\n (5) Program.--The term ``program'' means the program \n established under subsection (b)(1).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Defense.\n (b) Program Required.--\n (1) In general.--The Secretary and the Attorney General \n shall jointly carry out a program, which shall, except as \n provided in paragraph (2), be carried out in accordance with \n section 302(g) of the Controlled Substances Act (21 U.S.C. \n 822(g)), under which an eligible person who has lawfully \n obtained a covered controlled substance in accordance with such \n Act may deliver the covered controlled substance to be disposed \n of at a facility and by a person specified under paragraph (2).\n (2) Delivery of controlled substances.--Notwithstanding the \n requirement under section 302(g)(1) of the Controlled \n Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a \n controlled substance be authorized to receive the controlled \n substance under such Act, the Secretary and the Attorney \n General shall jointly specify the facilities and persons to \n which covered controlled substances may be delivered under the \n program.\n (c) Prevention of Abuse.--In implementing the program, the \nSecretary and the Attorney General shall jointly develop appropriate \nguidelines and procedures to prevent the diversion, misuse, theft, or \nloss of controlled substances delivered under the program.\n (d) Administration of Program.--\n (1) Regulations.--Not later than 1 year after the date of \n enactment of this Act, the Secretary and the Attorney General \n shall jointly prescribe regulations to carry out the program.\n (2) Implementation.--Not later than 1 year after the date \n on which the Secretary and the Attorney General jointly \n prescribe regulations under paragraph (1), the Secretary shall \n fully implement the program.\n\nSEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR \n DEPENDENTS.\n\n (a) Definitions.--In this section:\n (1) Covered controlled substance.--The term ``covered \n controlled substance'' means a controlled substance that is \n listed in schedule II, III, IV, or V of section 202(c) of the \n Controlled Substances Act (21 U.S.C. 812(c)).\n (2) Eligible person.--The term ``eligible person'' means--\n (A) a veteran;\n (B) the spouse of a veteran, if the spouse is in \n receipt of medical services under laws administered by \n the Secretary;\n (C) a dependent of a veteran, if the dependent is \n in receipt of medical services under laws administered \n by the Secretary;\n (D) a person described in section 2(a)(4) who is in \n receipt of medical services at a facility of the \n Department of Veterans Affairs; and\n (E) any person lawfully entitled to dispose of the \n property of a person described in subparagraphs (A) \n through (D) who dies while lawfully in possession of a \n covered controlled substance for personal use.\n (3) Program.--The term ``program'' means the program \n established under subsection (b)(1).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Veterans Affairs.\n (5) Veteran.--The term ``veteran'' has the meaning given \n that term in section 101 of title 38, United States Code.\n (b) Program Required.--\n (1) In general.--The Secretary and the Attorney General \n shall jointly carry out a program, which shall, except as \n provided in paragraph (2), be carried out in accordance with \n section 302(g) of the Controlled Substances Act (21 U.S.C. \n 822(g)), under which an eligible person who has lawfully \n obtained a covered controlled substance in accordance with such \n Act may deliver the covered controlled substance to be disposed \n of at a facility and by a person specified under paragraph (2).\n (2) Delivery of controlled substances.--Notwithstanding the \n requirement under section 302(g)(1) of the Controlled \n Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a \n controlled substance be authorized to receive the controlled \n substance under such Act, the Secretary and the Attorney \n General shall jointly specify the facilities and persons to \n which covered controlled substances may be delivered under the \n program.\n (c) Prevention of Abuse.--In implementing the program, the \nSecretary and the Attorney General shall jointly develop appropriate \nguidelines and procedures to prevent the diversion, misuse, theft, or \nloss of controlled substances delivered under the program.\n (d) Administration of Program.--\n (1) Regulations.--Not later than 1 year after the date of \n enactment of this Act, the Secretary and the Attorney General \n shall jointly prescribe regulations to carry out the program.\n (2) Implementation.--Not later than 1 year after the date \n on which the Secretary and the Attorney General jointly \n prescribe regulations under paragraph (1), the Secretary shall \n fully implement the program.","summary":"Servicemembers and Veterans Prescription Drug Safety Act of 2016 This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be: a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program.","title":"Servicemembers and Veterans Prescription Drug Safety Act of 2016","text_len":7267,"sum_len":1395} {"bill_id":"111_s1519","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nutria Eradication and Control Act \nof 2009''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) wetland and tidal marshes in the Chesapeake Bay, the \n State of Louisiana, and other coastal States provide \n significant cultural, economic, and ecological benefits to the \n United States;\n (2) the South American nutria (Myocastor coypus) is \n directly contributing to substantial marsh loss on Federal, \n State, and private land in the States of Maryland and Louisiana \n and other coastal States;\n (3) the Nutria Eradication and Control Act of 2003 (Public \n Law 108-16; 117 Stat. 621) authorized the Maryland Nutria \n Project, which has successfully eradicated nutria from more \n than 130,000 acres of Chesapeake Bay wetland in the State of \n Maryland;\n (4) the Nutria Eradication and Control Act of 2003 (Public \n Law 108-16; 117 Stat. 621) and the Coastal Wetlands Planning, \n Protection, and Restoration Act (16 U.S.C. 3951 et seq.) \n authorized the Coastwide Nutria Control Program, which has \n reduced nutria-impacted wetland acres in the State of Louisiana \n from 80,000 acres to 23,141 acres; and\n (5) proven techniques developed under the Nutria \n Eradication and Control Act of 2003 (Public Law 108-16; 117 \n Stat. 621) that are eradicating nutria from the State of \n Maryland and are reducing the acres of nutria-impacted wetland \n in Louisiana, should be applied to nutria eradication or \n control programs in other nutria-infested coastal States.\n (b) Purpose.--The purpose of this Act is to authorize the Secretary \nof the Interior to provide financial assistance to the States of \nMaryland, Louisiana, Delaware, Oregon, Virginia, and Washington to \ncarry out activities--\n (1) to eradicate or control nutria; and\n (2) to restore nutria damaged wetland.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Coastal state.--The term ``coastal State'' means each \n of the States of Delaware, Oregon, Virginia, and Washington.\n (2) Program.--The term ``program'' means the nutria \n eradication program established by section 4(a).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. NUTRIA ERADICATION PROGRAM.\n\n (a) In General.--There is established a nutria eradication program \nunder which the Secretary may, subject to the availability of \nappropriations, provide financial assistance to the States of Maryland \nand Louisiana and the coastal States to implement measures--\n (1) to eradicate or control nutria; and\n (2) to restore wetland damaged by nutria.\n (b) Goals.--The goals of the program shall be--\n (1) to eradicate nutria in the State of Maryland;\n (2) to eradicate or control nutria in the State of \n Louisiana and the coastal States; and\n (3) to restore wetland damaged by nutria.\n (c) Activities in the State of Maryland.--The Secretary shall \nrequire that the program carried out in the State of Maryland consist \nof management, research, and public education activities carried out in \naccordance with the document published by the United States Fish and \nWildlife Service entitled ``Eradication Strategies for Nutria in the \nChesapeake and Delaware Bay Watersheds'', dated March 2002, and updated \nMarch 2009.\n (d) Cost-sharing Requirement.--\n (1) Federal share.--The Federal share of the total cost of \n the program may not exceed 75 percent.\n (2) In-kind contributions.--The non-Federal share of the \n total cost of the program may be provided in the form of in-\n kind contributions of materials or services.\n (e) Limitation on Administrative Expenses.--Not more that 5 percent \nof the financial assistance provided by the Secretary under the program \nmay be used for administrative expenses.\n\nSEC. 5. REPORT.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary and the National Invasive Species Council shall--\n (1) for purposes of the program, give consideration to--\n (A) the 2002 report for the Louisiana Department of \n Wildlife and Fisheries entitled ``Nutria in \n Louisiana''; and\n (B) the March 2009 update of the document entitled \n ``Eradication Strategies for the Nutria in the \n Chesapeake and Delaware Bay Watersheds'' and dated \n March 2002;\n (2) continue, in cooperation with the State of Louisiana \n Department of Wildlife and Fisheries and the State of Maryland \n Department of Natural Resources, a long-term nutria control or \n eradication program, as appropriate, with the objective to \n significantly reduce and restore the damage nutria cause to \n coastal wetland in the States of Louisiana and Maryland; and\n (3) develop, in cooperation with the State of Delaware \n Department of Natural Resources and Environmental Control, the \n State of Virginia Department of Game and Inland Fisheries, the \n State of Oregon Department of Fish and Wildlife, and the State \n of Washington Department of Fish and Wildlife, long-term nutria \n control or eradication programs, as appropriate, with the \n objective to significantly reduce and restore the damage nutria \n cause to coastal wetland in the coastal States.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary for each \nof fiscal years 2010 through 2014--\n (1) $4,000,000 to provide financial assistance under the \n program to each of the States of Maryland and Louisiana; and\n (2) $1,000,000 to provide financial assistance under the \n program to each of the coastal States.\n ","summary":"Nutria Eradication and Control Act of 2009 - Establishes a nutria eradication program under which the Secretary of the Interior may provide financial assistance on a cost-sharing basis to Maryland, Louisiana, and the coastal states to eradicate or control nutria and restore nutria-damaged wetland. Requires the Maryland program to consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds. Directs the Secretary and the National Invasive Species Council to: (1) give consideration to the report of the Louisiana Department of Wildlife and Fisheries entitled Nutria in Louisiana, and the updated version of the Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds document. (2) continue, in cooperation with the Louisiana Department of Wildlife and Fisheries and the Maryland Department of Natural Resources, a long-term nutria control or eradication program. And (3) develop, in cooperation with the Delaware Department of Natural Resources and Environmental Control, the Virginia Department of Game and Inland Fisheries, the Oregon Department of Fish and Wildlife, and the Washington Department of Fish and Wildlife, long-term nutria control or eradication programs. Authorizes specified FY2010-FY2014 appropriations for: (1) Maryland and Louisiana, and (2) the coastal states.","title":"A bill to provide for the eradication and control of nutria in Maryland, Louisiana, and other coastal States.","text_len":6727,"sum_len":1483} {"bill_id":"114_hr448","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women's Health Protection Act of \n2015''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Access to safe, legal abortion services is essential to \n women's health and central to women's ability to participate \n equally in the economic and social life of the United States.\n (2) Access to safe, legal abortion services has been \n hindered in the United States in various ways, including \n blockades of health care facilities and associated violence; \n restrictions on insurance coverage; restrictions on minors' \n ability to obtain services; and requirements and restrictions \n that single out abortion providers and those seeking their \n services, and which do not further women's health or the safety \n of abortion, but harm women by reducing the availability of \n services.\n (3) In the early 1990s, protests and blockades at health \n care facilities where abortions were performed, and associated \n violence, increased dramatically and reached crisis level, \n requiring Congressional action. Congress passed the Freedom of \n Access to Clinic Entrances Act (Public Law 103-259) to address \n that situation and ensure that women could physically access \n abortion services.\n (4) Since 2010, there has been an equally dramatic increase \n in the number of laws and regulations singling out abortion \n that threaten women's health and their ability to access safe \n abortion services by interfering with health care \n professionals' ability to provide such services. Congressional \n action is now necessary to put an end to these restrictions. In \n addition, there has been a dramatic increase in the passage of \n laws that blatantly violate the constitutional protections \n afforded women, such as bans on abortion prior to viability.\n (5) Legal abortion is one of the safest medical procedures \n in the United States. That safety is furthered by regulations \n that are based on science and are generally applicable to the \n medical profession or to medically comparable procedures.\n (6) Many State and local governments are imposing \n restrictions on the provision of abortion that are neither \n science-based nor generally applicable to the medical \n profession or to medically comparable procedures. Though \n described by their proponents as health and safety regulations, \n many of these abortion-specific restrictions do not advance the \n safety of abortion services and do nothing to protect women's \n health. Also, these restrictions interfere with women's \n personal and private medical decisions, make access to abortion \n more difficult and costly, and even make it impossible for some \n women to obtain those services.\n (7) These restrictions harm women's health by reducing \n access not only to abortion services but also to the other \n essential health care services offered by the providers \n targeted by the restrictions, including contraceptive services, \n which reduce unintended pregnancies and thus abortions, and \n screenings for cervical cancer and sexually transmitted \n infections. These harms fall especially heavily on low-income \n women, women of color, and women living in rural and other \n medically underserved areas.\n (8) The cumulative effect of these numerous restrictions \n has been widely varying access to abortion services such that a \n woman's ability to exercise her constitutional rights is \n dependent on the State in which she lives. Federal legislation \n putting a stop to harmful restrictions throughout the United \n States is necessary to ensure that women in all States have \n access to safe abortion services, an essential constitutional \n right repeatedly affirmed by the United States Supreme Court.\n (9) Congress has the authority to protect women's ability \n to access abortion services pursuant to its powers under the \n Commerce Clause and its powers under section 5 of the \n Fourteenth Amendment to the Constitution to enforce the \n provisions of section 1 of the Fourteenth Amendment.\n (b) Purpose.--It is the purpose of this Act to protect women's \nhealth by ensuring that abortion services will continue to be available \nand that abortion providers are not singled out for medically \nunwarranted restrictions that harm women by preventing them from \naccessing safe abortion services. It is not the purpose of this Act to \naddress all threats to access to abortion (for example, this Act does \nnot apply to clinic violence, restrictions on insurance or medical \nassistance coverage of abortion, or requirements for parental consent \nor notification before a minor may obtain an abortion) which Congress \nshould address through separate legislation as appropriate.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Abortion.--The term ``abortion'' means any medical \n treatment, including the prescription of medication, intended \n to cause the termination of a pregnancy except for the purpose \n of increasing the probability of a live birth, to remove an \n ectopic pregnancy, or to remove a dead fetus.\n (2) Abortion provider.--The term ``abortion provider'' \n means a health care professional who performs abortions.\n (3) Government.--The term ``government'' includes a branch, \n department, agency, instrumentality, or individual acting under \n color of law of the United States, a State, or a subdivision of \n a State.\n (4) Health care professional.--The term ``health care \n professional'' means a licensed medical professional (including \n physicians, certified nurse-midwives, nurse practitioners, and \n physician assistants) who is competent to perform abortions \n based on clinical training.\n (5) Medically comparable procedures.--The term ``medically \n comparable procedures'' means medical procedures that are \n similar in terms of risk, complexity, duration, or the degree \n of sterile precaution that is indicated.\n (6) Pregnancy.--The term ``pregnancy'' refers to the period \n of the human reproductive process beginning with the \n implantation of a fertilized egg.\n (7) State.--The term ``State'' includes each of the 50 \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, and each territory or possession of the United States.\n (8) Viability.--the term ``viability'' means the point in a \n pregnancy at which, in the good-faith medical judgment of the \n treating health care professional, based on the particular \n facts of the case before her or him, there is a reasonable \n likelihood of sustained fetal survival outside the uterus with \n or without artificial support.\n\nSEC. 4. PROHIBITED MEASURES AND ACTIONS.\n\n (a) General Prohibitions.--The following limitations or \nrequirements are unlawful and shall not be imposed or applied by any \ngovernment because they single out the provision of abortion services \nfor restrictions that are more burdensome than those restrictions \nimposed on medically comparable procedures, they do not significantly \nadvance women's health or the safety of abortion services, and they \nmake abortion services more difficult to access:\n (1) A requirement that a medical professional perform \n specific tests or medical procedures in connection with the \n provision of an abortion, unless generally required for the \n provision of medically comparable procedures.\n (2) A requirement that the same clinician who performs a \n patient's abortion also perform specified tests, services or \n procedures prior, or subsequent, to the abortion.\n (3) A limitation on an abortion provider's ability to \n prescribe or dispense drugs based on current evidence-based \n regimens or her or his good-faith medical judgment, other than \n a limitation generally applicable to the medical profession.\n (4) A limitation on an abortion provider's ability to \n provide abortion services via telemedicine, other than a \n limitation generally applicable to the provision of medical \n services via telemedicine.\n (5) A requirement or limitation concerning the physical \n plant, equipment, staffing, or hospital transfer arrangements \n of facilities where abortions are performed, or the credentials \n or hospital privileges or status of personnel at such \n facilities, that is not imposed on facilities or the personnel \n of facilities where medically comparable procedures are \n performed.\n (6) A requirement that, prior to obtaining an abortion, a \n patient make one or more medically unnecessary in-person visits \n to the provider of abortion services or to any individual or \n entity that does not provide abortion services.\n (7) A requirement or limitation that prohibits or restricts \n medical training for abortion procedures, other than a \n requirement or limitation generally applicable to medical \n training for medically comparable procedures.\n (b) Other Prohibited Measures or Actions.--\n (1) In general.--A measure or action directed at \n restricting the provision of abortion services or the \n facilities that provide abortion services that is similar to \n any of the prohibited limitations or requirements described in \n subsection (a) shall be unlawful if such measure or action \n singles out abortion services or makes abortion services more \n difficult to access and does not significantly advance women's \n health or the safety of abortion services.\n (2) Prima facie case.--To make a prima facie showing that a \n measure or action is unlawful under paragraph (1) a plaintiff \n shall demonstrate that the measure or action involved--\n (A) singles out the provision of abortion services \n or facilities in which abortion services are performed; \n or\n (B) impedes women's access to abortion services \n based on one or more of the factors described in \n paragraph (3).\n (3) Factors.--Factors for a court to consider in \n determining whether a measure or action impedes access to \n abortion services for purposes of paragraph (2)(B) include the \n following:\n (A) Whether the measure or action interferes with \n an abortion provider's ability to provide care and \n render services in accordance with her or his good-\n faith medical judgment.\n (B) Whether the measure or action is reasonably \n likely to delay some women in accessing abortion \n services.\n (C) Whether the measure or action is reasonably \n likely to directly or indirectly increase the cost of \n providing abortion services or the cost for obtaining \n abortion services (including costs associated with \n travel, childcare, or time off work).\n (D) Whether the measure or action requires, or is \n reasonably likely to have the effect of necessitating, \n a trip to the offices of the abortion provider that \n would not otherwise be required.\n (E) Whether the measure or action is reasonably \n likely to result in a decrease in the availability of \n abortion services in the State.\n (F) Whether the measure or action imposes criminal \n or civil penalties that are not imposed on other health \n care professionals for comparable conduct or failure to \n act or that are harsher than penalties imposed on other \n health care professionals for comparable conduct or \n failure to act.\n (G) The cumulative impact of the measure or action \n combined with other new or existing requirements or \n restrictions.\n (4) Defense.--A measure or action shall be unlawful under \n this subsection upon making a prima facie case (as provided for \n under paragraph (2)), unless the defendant establishes, by \n clear and convincing evidence, that--\n (A) the measure or action significantly advances \n the safety of abortion services or the health of women; \n and\n (B) the safety of abortion services or the health \n of women cannot be advanced by a less restrictive \n alternative measure or action.\n (c) Other Prohibitions.--The following restrictions on the \nperformance of abortion are unlawful and shall not be imposed or \napplied by any government:\n (1) A prohibition or ban on abortion prior to fetal \n viability.\n (2) A prohibition on abortion after fetal viability when, \n in the good-faith medical judgment of the treating physician, \n continuation of the pregnancy would pose a risk to the pregnant \n woman's life or health.\n (3) A restriction that limits a pregnant woman's ability to \n obtain an immediate abortion when a health care professional \n believes, based on her or his good-faith medical judgment, that \n delay would pose a risk to the woman's health.\n (4) A measure or action that prohibits or restricts a woman \n from obtaining an abortion prior to fetal viability based on \n her reasons or perceived reasons or that requires a woman to \n state her reasons before obtaining an abortion prior to fetal \n viability.\n (d) Limitation.--The provisions of this Act shall not apply to laws \nregulating physical access to clinic entrances, requirements for \nparental consent or notification before a minor may obtain an abortion, \ninsurance coverage or medical assistance of abortion, or the procedure \ndescribed in section 1531(b)(1) of title 18, United States Code.\n (e) Effective Date.--This Act shall apply to government \nrestrictions on the provision of abortion services, whether statutory \nor otherwise, whether they are enacted or imposed prior to or after the \ndate of enactment of this Act.\n\nSEC. 5. LIBERAL CONSTRUCTION.\n\n (a) Liberal Construction.--In interpreting the provisions of this \nAct, a court shall liberally construe such provisions to effectuate the \npurposes of the Act.\n (b) Rule of Construction.--Nothing in this Act shall be construed \nto authorize any government to interfere with a woman's ability to \nterminate her pregnancy, to diminish or in any way negatively affect a \nwoman's constitutional right to terminate her pregnancy, or to displace \nany other remedy for violations of the constitutional right to \nterminate a pregnancy.\n\nSEC. 6. ENFORCEMENT.\n\n (a) Attorney General.--The Attorney General may commence a civil \naction for prospective injunctive relief on behalf of the United States \nagainst any government official that is charged with implementing or \nenforcing any restriction that is challenged as unlawful under this \nAct.\n (b) Private Right of Action.--\n (1) In general.--Any individual or entity aggrieved by an \n alleged violation of this Act may commence a civil action for \n prospective injunctive relief against the government official \n that is charged with implementing or enforcing the restriction \n that is challenged as unlawful under this Act.\n (2) Facility or professional.--A health care facility or \n medical professional may commence an action for prospective \n injunctive relief on behalf of the facility's or professional's \n patients who are or may be adversely affected by an alleged \n violation of this Act.\n (c) Equitable Relief.--In any action under this section, the court \nmay award appropriate equitable relief, including temporary, \npreliminary, or permanent injunctive relief.\n (d) Costs.--In any action under this section, the court shall award \ncosts of litigation, as well as reasonable attorney fees, to any \nprevailing plaintiff. A plaintiff shall not be liable to a defendant \nfor costs in an action under this section.\n (e) Jurisdiction.--The district courts of the United States shall \nhave jurisdiction over proceedings commenced pursuant to this section \nand shall exercise the same without regard to whether the party \naggrieved shall have exhausted any administrative or other remedies \nthat may be provided for by law.\n\nSEC. 7. PREEMPTION.\n\n No State or subdivision thereof shall enact or enforce any law, \nrule, regulation, standard, or other provision having the force and \neffect of law that conflicts with any provision of this Act.\n\nSEC. 8. SEVERABILITY.\n\n If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be unconstitutional, the \nremainder of this Act, or the application of such provision to all \nother persons or circumstances, shall not be affected thereby.","summary":"Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services: a requirement that a medical professional perform specific tests or medical procedures. A requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures. A limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine. A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities. A requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity, a limitation on medical training for abortion procedures, a prohibition prior to fetal viability. A prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health. A restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health. Or a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion. A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.","title":"Women's Health Protection Act of 2015","text_len":17896,"sum_len":1612} {"bill_id":"115_s404","text":"SECTION 1. FINDINGS.\n\n Congress finds as follows:\n (1) There is a lack of transparency and consistency \n concerning inspections by the Food and Drug Administration of \n medical device establishments around the world, which leads to \n inefficiencies and inconsistencies and undermines confidence in \n United States standards.\n (2) Inspections by the Food and Drug Administration of \n foreign device establishments are often conducted more \n efficiently than inspections of domestic device establishments.\n (3) The frequency and nature of inspections of device \n establishments are not consistently risk-based, and a \n comprehensive, transparent, risk-based approach to inspections \n would result in greater focus on the more significant risks to \n public health while reducing the burdens on establishments with \n a strong track record of compliance.\n (4) There is a lack of transparency and consistency among \n United States-based regional inspection offices with respect to \n the frequency of inspections of device establishments and the \n activities and concerns that trigger for-cause inspections of \n such establishments.\n (5) Greater transparency concerning the timing and nature \n of routine inspections of device establishments would improve \n the quality and efficiency of the inspection process.\n (6) Enhancing communications before, during, and after \n inspections in which deficiencies are identified, would assist \n the Secretary of Health and Human Services and the device \n industry in maintaining the safety and effectiveness of \n devices.\n (7) Guidance for device establishments is necessary to \n provide transparency and consistency concerning inspection-\n related communications.\n (8) Enhanced training opportunities for device \n establishment investigators would improve the consistency and \n efficiency of the device inspection process.\n (9) There is a lack of transparency in the export \n certification process with respect to device establishments for \n which FDA Form 483 has been used to document issues noticed \n during an inspection conducted pursuant to section 704 of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) or \n establishments that have received Warning Letters in connection \n with such an inspection, and between domestic and foreign \n establishments, resulting in devices that are lawfully marketed \n for United States patients being denied certification for \n marketing in other countries.\n (10) Device establishments that have attempted to address \n deficiencies identified by inspections carried out by the Food \n and Drug Administration lack sufficient opportunities to \n confirm that such corrective actions are appropriate.\n\nSEC. 2. RISK-BASED INSPECTIONS FOR DEVICES.\n\n Paragraph (2) of section 510(h) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360(h)) is amended to read as follows:\n ``(2) Risk-based schedule for devices.--\n ``(A) In general.--The Secretary, acting through \n one or more officers or employees duly designated by \n the Secretary, shall inspect establishments described \n in paragraph (1) that are engaged in the manufacture, \n propagation, compounding, or processing of a device or \n devices (referred to in this subsection as `device \n establishments') in accordance with one risk-based \n inspection schedule established by the Secretary, \n applied consistently across regional offices.\n ``(B) Factors and considerations.--In establishing \n the risk-based schedule under subparagraph (A), the \n Secretary shall--\n ``(i) apply, to the extent applicable for \n device establishments, the factors identified \n in paragraph (4); and\n ``(ii) consider the participation of the \n device establishment, as applicable, in \n international device audit programs in which \n the United States participates or the United \n States recognizes for purposes of \n inspecting.''.\n\nSEC. 3. IMPROVEMENTS TO INSPECTIONS PROCESS FOR DEVICE ESTABLISHMENTS.\n\n Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n374) is amended by adding at the end the following:\n ``(h)(1) The Secretary shall adopt a uniform process and uniform \nstandards applicable to inspections of domestic and foreign device \nestablishments. Such process shall include--\n ``(A) notifying the owner, operator, or agent in charge of \n the establishment of the type and nature of the inspection;\n ``(B) announcing the inspection the establishment within a \n reasonable time before such inspection;\n ``(C) in the case of inspections other than for-cause \n inspections, providing a reasonable estimate of the timeframe \n for the inspection, an opportunity for advance communications \n between the officers or employees carrying out the inspection \n under subsection (a)(1) and the owner, operator, or agent in \n charge of the establishment concerning appropriate working \n hours during the inspection, and, to the extent feasible, \n advance notice of records that will be requested in order to \n expedite the inspection; and\n ``(D) daily communications with the owner, operator, or \n agent in charge of the establishment regarding inspection \n status, which may be recorded by either party with advance \n notice.\n ``(2) In the case of device establishments that have received a \nreport pursuant to subsection (b), and for which the owner, operator, \nor agent in charge of such establishment submits a timely response to \nsuch report that includes a request for feedback to the actions \nproposed in such response, the Secretary shall provide nonbinding \nfeedback regarding such proposed actions within 45 days of receipt of \nsuch request.\n ``(3) Nothing in this subsection limits the authority of the \nSecretary to conduct inspections otherwise permitted under this Act in \norder to ensure compliance with this Act.\n ``(4)(A) Not later than 1 year after the date of enactment of this \nsubsection, the Secretary shall issue draft guidance that--\n ``(i) specifies how the Food and Drug Administration will \n implement the process described in paragraph (1) and the \n requirements described in paragraph (2);\n ``(ii) provides for standardized templates for \n communications described in such paragraphs;\n ``(iii) establishes a standard timeframe over consecutive \n days that is applicable to both domestic and foreign \n inspections, to which each inspector shall adhere unless an \n investigator can identify to the establishment a reason that \n more time is needed; and\n ``(iv) identifies practices for investigators and device \n establishments to facilitate the continuity of inspections.\n ``(B) Not later than 18 months after the date of enactment of this \nsubsection, after notice and opportunity for public comment on the \ndraft guidance described in subparagraph (A), the Secretary shall issue \nfinal guidance consistent with this subsection.''.\n\nSEC. 4. CERTIFICATES TO FOREIGN GOVERNMENTS FOR DEVICES.\n\n Subsection (e)(4) of section 801 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 381(e)(4)) is amended--\n (1) by adding at the end the following:\n ``(E)(i) If the Secretary denies a request for certification with \nrespect to a device pursuant to subparagraph (A)(ii), the Secretary \nshall provide in writing to the person seeking such certification the \nbasis for such denial, and specifically identify the finding upon which \nsuch denial is based.\n ``(ii) If the denial of a request as described in clause (i) is \nbased on grounds other than an injunction proceeding pursuant to \nsection 302, seizure action pursuant to section 304, or a recall \ndesignated Class I or Class II pursuant to part 7, title 21, Code of \nFederal Regulations, the Secretary shall provide a substantive summary \nof the specific deficiencies identified.\n ``(iii) With respect to a device manufactured in an establishment \nthat has received a report under section 704(b), the Secretary shall \nnot deny a request for certification with respect to a device pursuant \nto subparagraph (A)(ii) if the Secretary and the owner, operator, or \nagent in charge of such establishment have agreed to a plan of \ncorrection in response to such report.\n ``(F)(i) The Secretary shall provide a process for a person who is \ndenied a certification as described in subparagraph (E)(i) to request a \nreview that conforms to the standards of section 517A(b).\n ``(ii) Notwithstanding any previous review conducted pursuant to \nclause (i), a person who has been denied a certification as described \nin subparagraph (E)(i) may at any time request a review in order to \npresent new information relating to actions taken by such person to \naddress the reasons identified by the Secretary for the denial of \ncertification, including corrective actions to address deficiencies \nidentified by the Secretary.\n ``(iii) Not later than 1 year after date of enactment of this \nsubparagraph, the Secretary shall issue guidance providing for a \nprocess to carry out this subparagraph.\n ``(G)(i) Subparagraphs (E) and (F) apply to requests for \ncertification on behalf of any device establishment registered under \nsection 510, whether the establishment is located in the United States \nor another country.\n ``(ii) The Secretary may charge a fee for the issuance of a \ncertification described in clause (i), and such fee is subject to the \nconditions and requirements of subparagraph (B).''; and\n (2) by moving the margins of subparagraphs (C) and (D) 4 \n ems to the left.","summary":"This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding Food and Drug Administration (FDA): (1) inspections of establishments that manufacture or process medical devices, and (2) certification of medical devices for export. The biannual inspection schedule for medical device establishments handling higher risk devices is replaced with a risk-based schedule. In establishing the risk-based schedule, the FDA must consider an establishment's participation in international medical device audit programs. The FDA must adopt a uniform process and uniform standards for inspections of domestic and foreign medical device establishments. Upon request, the FDA must provide to the person in charge of a medical device establishment feedback regarding the person's proposals to address issues identified during an inspection. The FDA must provide the basis for denying requests for certification of products for export as meeting FDA requirements for domestic products. A person denied such a certification may request supervisory review of that decision. Products from a medical device establishment that an inspector found to be contaminated or insanitary may be certified for export if the person in charge of the establishment has agreed to a plan to correct the issues identified during the inspection.","title":"A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the process for inspections of device establishments for granting export certifications.","text_len":10470,"sum_len":1334} {"bill_id":"103_hr1355","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Exclusion and Asylum Reform \nAmendments of 1993''.\n\nSEC. 2. ADMISSIONS FRAUD.\n\n (a) Exclusion for Fraudulent Documents and Failure To Present \nDocuments.--Section 212(a)(6)(C) of the Immigration and Nationality Act \n(8 U.S.C. 1182(a)(6)(C)) is amended--\n (1) by striking ``(C) Misrepresentation'' and inserting in \n lieu thereof the following:\n ``(C) Fraud, misrepresentation, and failure to \n present documents'';\n (2) by adding at the end the following new clause:\n ``(iii) Fraudulent documents and failure to \n present documents.--\n ``(I) Any alien who, in seeking \n entry to the United States or boarding \n a common carrier for the purpose of \n coming to the United States, presents \n any document which, in the \n determination of the immigration \n officer, is forged, counterfeit, \n altered, falsely made, stolen, or \n inapplicable to the alien presenting \n the document, or otherwise contains a \n misrepresentation of a material fact, \n is excludable.\n ``(II) Any alien who, in boarding a \n common carrier for the purpose of \n coming to the United States, presents a \n document that relates or purports to \n relate to the alien's eligibility to \n enter the United States, and fails to \n present such document to an immigration \n officer upon arrival at a port of entry \n into the United States, is \n excludable.''.\n (b) Availability of Asylum and Other Discretionary Relief.--\n (1) Section 208 of the Immigration and Nationality Act (8 \n U.S.C. 1158) is amended by adding at the end the following new \n subsection:\n ``(e)(1) Application of Fraud Exclusion.--Notwithstanding \nsubsection (a) and except as provided in paragraph (2), any alien who \nis excludable under section 212(a)(6)(C)(iii) or section \n212(a)(7)(A)(i) may not apply for or be granted asylum.\n ``(2) Exception.--The limitation under paragraph (1) shall not \napply if the action upon which the exclusion is based was pursuant to \ndirect departure from a country in which (A) the alien has a credible \nfear of persecution, or (B) there is a significant danger that the \nalien would be returned to a country in which the alien would have a \ncredible fear of persecution.\n ``(3) Definition.--As used in this subsection, the term `credible \nfear of persecution' means (A) that it is more probable than not that \nthe statements made by the alien in support of his or her claim are \ntrue, and (B) that there is a significant possibility, in light of such \nstatements and of such other facts as are known to the officer about \ncountry conditions, that the alien could establish eligibility as a \nrefugee within the meaning of section 101(a)(42)(A).''.\n (2) Section 212(c) of the Immigration and Nationality Act \n (8 U.S.C. 1182(c)) is amended in the third sentence by \n inserting before the period ``or to any alien who is excludable \n pursuant to section 212(a)(6)(C)(iii)''.\n\nSEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.\n\n Section 235(b) of the Immigration and Nationality Act (8 U.S.C. \n1225(b)) is amended to read as follows:\n ``(b) Inspection and Exclusion by Immigration Officers.--\n ``(1) An immigration officer shall inspect each alien who \n is seeking entry to the United States.\n ``(2)(A) If the examining immigration officer determines \n that an alien seeking entry--\n ``(i)(I) is excludable under section \n 212(a)(6)(C)(iii), or\n ``(II) is excludable under section 212(a)(7)(A)(i),\n ``(ii) does not have any reasonable basis for legal \n entry into the United States, and\n ``(iii) does not indicate an intention to apply for \n asylum under section 208,\n the alien shall be specially excluded from entry into the \n United States without a hearing.\n ``(B) The examining immigration officer shall refer to an \n immigration officer, specially trained to conduct interviews \n and make determinations bearing on eligibility for asylum, any \n alien who is (i) excludable under section 212(a)(6)(C)(iii) or \n section 212(a)(7)(A) (i) and (ii) who has indicated an \n intention to apply for asylum. Such an alien shall not be \n considered to have entered the United States for purposes of \n this Act.\n ``(C) An alien under subparagraph (B) who is determined by \n an immigration officer, specially trained to conduct interviews \n and make determinations bearing on eligibility for asylum, to \n be excludable and ineligible for the exception under section \n 208(e)(2), shall be specially excluded and deported from the \n United States without further hearing.\n ``(3)(A) Except as provided in subparagraph (B), if the \n examining immigration officer determines that an alien seeking \n entry is not clearly and beyond a doubt entitled to enter, the \n alien shall be detained for a hearing before an immigration \n judge.\n ``(B) The provisions of subparagraph (A) shall not apply--\n ``(i) to an alien crewman,\n ``(ii) to an alien described in paragraph (2)(A) or \n (2)(C), or\n ``(iii) if the conditions described in section \n 273(d) exist.\n ``(4) The decision of the examining immigration officer, if \n favorable to the admission of any alien, shall be subject to \n challenge by any other immigration officer and such challenge \n shall operate to take the alien, whose privilege to enter is so \n challenged, before an immigration judge for a hearing on \n exclusion of the alien.\n ``(5) The Attorney General shall establish procedures that \n ensure that aliens are not specially excluded under paragraph \n (2)(A) without an inquiry into their reasons for seeking entry \n into the United States.\n ``(6)(A) Subject to subparagraph (B), an alien has not \n entered the United States for purposes of this Act unless and \n until such alien has been inspected and admitted by an \n immigration officer pursuant to this subsection.\n ``(B) An alien who (i) is physically present in the United \n States, (ii) has been physically present in the United States \n for a continuous period of one year, and (iii) has not been \n inspected and admitted by an immigration officer may be said to \n have entered the United States without inspection. Such an \n alien is subject to deportation pursuant to section \n 241(a)(1)(B).''.\n\nSEC. 4. JUDICIAL REVIEW.\n\n Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) \n(as amended by section 3) is amended by adding after subsection (c) the \nfollowing new subsections:\n ``(d) Habeas Corpus Review.--Notwithstanding any other provision of \nlaw, no court shall have jurisdiction to review, except by petition for \nhabeas corpus, any determination made with respect to an alien found \nexcludable pursuant to section 212(a)(6)(C)(iii) or section \n212(a)(7)(A)(i). In any such case, review by habeas corpus shall be \nlimited to examination of whether the petitioner (1) is an alien, and \n(2) was ordered excluded from the United States pursuant to section \n235(b)(2).\n ``(e) Other Limits on Judicial Review and Action.--Notwithstanding \nany other provision of law, no court shall have jurisdiction (1) to \nreview the procedures established by the Attorney General for the \ndetermination of exclusion pursuant to section 212(a)(6)(C)(iii) or \nsection 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive \nrelief with respect to the implementation of subsection (b)(2). \nRegardless of the nature of the suit or claim, no court shall have \njurisdiction except by habeas corpus petition as provided in subsection \n(d) to consider the validity of any adjudication or determination of \nspecial exclusion or to provide declaratory or injunctive relief with \nrespect to the special exclusion of any alien.\n ``(f) Collateral Enforcement Proceedings.--In any action brought \nfor the assessment of penalties for improper entry or re-entry of an \nalien under section 275 or 276, no court shall have jurisdiction to \nhear claims collaterally attacking the validity of orders of exclusion, \nspecial exclusion, or deportation entered under sections 235, 236, and \n242.''.\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n Section 237(a) of the Immigration and Nationality Act (8 U.S.C. \n1227(a)) is amended--\n (1) in the second sentence of paragraph (1) by striking out \n ``Deportation'' and inserting in lieu thereof ``Subject to \n section 235(b)(2), deportation''; and\n (2) in the first sentence of paragraph (2) by striking out \n ``If'' and inserting in lieu thereof ``Subject to section \n 235(b)(2), if''.\n\nSEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.\n\n Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. \n1324(a)(1)) is amended by striking ``five years'' and inserting ``ten \nyears''.\n\nSEC. 7. EFFECTIVE DATE.\n\n Except as otherwise provided, the amendments made by this Act shall \ntake effect on the date of the enactment of this Act and shall apply to \naliens who arrive in or seek admission to the United States on or after \nsuch date.","summary":"Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose. Or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a US port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution. Or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal for such admission document fraud. Increases penalties for certain alien smuggling offenses.","title":"Exclusion and Asylum Reform Amendments of 1993","text_len":10336,"sum_len":1070} {"bill_id":"107_hr2096","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Responsible Stem Cell Research Act \nof 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Past investments in biomedical research have resulted \n in better health, an improved quality of life for all \n Americans, and a reduction in national health care \n expenditures.\n (2) The Nation's commitment to biomedical research has \n expanded the base of scientific knowledge about health and \n disease and revolutionized the practice of medicine.\n (3) Research sponsored by the National Institutes of Health \n is responsible for the identification of genetic mutations \n relating to nearly 100 diseases, including Alzheimer's disease, \n cystic fibrosis, Huntington's disease, osteoporosis, many forms \n of cancer, and immune deficiency disorders.\n (4) Many Americans still face serious and life-threatening \n health problems, both acute and chronic.\n (5) Neurodegenerative diseases of the elderly, such as \n Alzheimer's and Parkinson's disease, threaten to destroy the \n lives of millions of Americans.\n (6) Cancer remains a comprehensive threat to any tissue or \n organ of the body at any age, and remains a leading cause of \n morbidity and mortality.\n (7) The extent of psychiatric and neurological diseases \n poses considerable challenges in understanding the workings of \n the brain and nervous system.\n (8) Diabetes, both insulin and noninsulin forms, afflicts \n 16 million Americans and places them at risk for acute and \n chronic complications, including blindness, kidney failure, \n atherosclerosis, and nerve degeneration.\n (9) Recent scientific developments show that human stem \n cell research based on ethically responsible stem cell sources \n may lead to exponential improvements in the treatment of many \n terminal and debilitating conditions, from cancer to \n Parkinson's to Alzheimer's to diabetes to heart disease.\n (10) To take full advantage of the tremendous potential for \n finding a cure or effective treatment for many debilitating \n diseases, the Federal investment in ethical stem cell research \n must be expanded.\n\nSEC. 3. NATIONAL STEM CELL DONOR BANK.\n\n (a) In General.--The Secretary of Health and Human Services shall \nby contract establish and maintain a National Stem Cell Donor Bank (in \nthis section referred to as the ``Donor Bank''). The purpose of the \nDonor Bank shall be to seek and preserve donations of qualifying human \nstem cells and to make such donated cells available for biomedical \nresearch and for therapeutic purposes.\n (b) Qualifying Human Stem Cells.--For purposes of this Act, the \nterm ``qualifying human stem cells'' means human stem cells obtained \nfrom human placentas, umbilical cord blood, organs or tissues of a \nliving or deceased human being who has been born, or organs or tissues \nof unborn human offspring who died of natural causes (such as \nspontaneous abortion).\n (c) Administration of Donor Bank.--The Donor Bank shall be under \nthe general supervision of the Secretary, and under the direction of a \nboard of directors meeting such criteria as the Secretary may \nestablish.\n (d) Patient Registry.--The Donor Bank shall with respect to \nqualifying human stem cells--\n (1) operate a registry of patients who are transplant \n candidates;\n (2) establish a system for finding donors who are unrelated \n to the candidate patients and are suitably matched to the \n patients; and\n (3) carry out informational and educational activities.\n (e) Criteria.--The Secretary shall establish criteria for the Donor \nBank and other entities that participate in the program under this \nsection, including--\n (1) quality standards and standards for tissue typing and \n obtaining the informed consent of donors, or the parents or \n legal representatives of donors as appropriate;\n (2) donor selection criteria, based on established medical \n criteria, to protect both donors and transplant recipients and \n to prevent the transmission of potentially harmful infectious \n diseases;\n (3) procedures to ensure the proper collection and \n transportation of qualifying human stem cells; and\n (4) standards that--\n (A) require the establishment of a system of strict \n confidentiality of records relating to the identity and \n address of and medical information on patients and \n donors; and\n (B) prescribe the purposes for which the records \n described in subparagraph (A) may be disclosed, and the \n circumstances and extent of the disclosure.\n (f) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2002 through 2006.\n\nSEC. 4. USE OF QUALIFYING HUMAN STEM CELLS IN RESEARCH CONDUCTED OR \n SUPPORTED BY NATIONAL INSTITUTES OF HEALTH.\n\n (a) In General.--The Secretary, acting through the Director of the \nNational Institutes of Health, may conduct and support research that \nuses qualifying human stem cells.\n (b) Authorization of Appropriations.--For the purpose of carrying \nout subsection (a), there are authorized to be appropriated $30,000,000 \nfor fiscal year 2002, and such sums as may be necessary for each of the \nfiscal years 2003 through 2006.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``qualifying human stem cells'' has the \n meaning given such term in section 3.\n (2) The term ``Secretary'' means the Secretary of Health \n and Human Services.","summary":"Responsible Stem Cell Research Act of 2001- Directs the Secretary of Health and Human Services to establish by contract a National Stem Cell Donor Bank to preserve qualifying human stem cells and make such cells available for biomedical research and therapeutic purposes. Authorizes the Secretary, through the National Institutes of Health, to conduct and support human stem cell research.","title":"To provide for a National Stem Cell Donor Bank regarding qualifying human stem cells, and for the conduct and support of research using such cells.","text_len":6044,"sum_len":389} {"bill_id":"115_hr2835","text":"SECTION 1. PERMANENT LOAN GUARANTEE FEE WAIVERS FOR VETERANS.\n\n Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is \namended--\n (1) in paragraph (14)(B)(ii), by adding at the end the \n following:\n ``(III) Guarantee fee waiver for \n veterans.--\n ``(aa) Definition.--In this \n subclause, the term `veteran or \n spouse of a veteran' has the \n meaning given the term in \n paragraph (31)(G)(iii).\n ``(bb) Guarantee fee \n waiver.--The Administrator may \n not collect a guarantee fee \n described in paragraph (18) in \n connection with a loan of not \n more than $150,000 made under \n this paragraph to a veteran or \n spouse of a veteran on or after \n October 1 of the first fiscal \n year beginning after the date \n of enactment of this subclause.\n ``(cc) Exception.--If the \n President's budget for the \n upcoming fiscal year, submitted \n to Congress pursuant to section \n 1105(a) of title 31, United \n States Code, includes a cost \n for the program established \n under this subsection that is \n above zero, the requirements of \n item (bb) shall not apply to \n loans made during such upcoming \n fiscal year.'';\n (2) in paragraph (16), by adding at the end the following:\n ``(G) Guarantee fee waiver for veterans.--\n ``(i) Definition.--In this subparagraph, \n the term `veteran or spouse of a veteran' has \n the meaning given the term in paragraph \n (31)(G)(iii).\n ``(ii) Guarantee fee waiver.--The \n Administrator may not collect a guarantee fee \n described in paragraph (18) in connection with \n a loan of not more than $150,000 made under \n this paragraph to a veteran or spouse of a \n veteran on or after October 1 of the first \n fiscal year beginning after the date of \n enactment of this subparagraph.\n ``(iii) Exception.--If the President's \n budget for the upcoming fiscal year, submitted \n to Congress pursuant to section 1105(a) of \n title 31, United States Code, includes a cost \n for the program established under this \n subsection that is above zero, the requirements \n of clause (ii) shall not apply to loans made \n during such upcoming fiscal year.''; and\n (3) in paragraph (34), by adding at the end the following:\n ``(D) Guarantee fee waiver for veterans.--\n ``(i) Definition.--In this subparagraph, \n the term `veteran or spouse of a veteran' has \n the meaning given the term in paragraph \n (31)(G)(iii).\n ``(ii) Guarantee fee waiver.--The \n Administrator may not collect a guarantee fee \n described in paragraph (18) in connection with \n an express loan of not more than $150,000 made \n under this paragraph to a veteran or spouse of \n a veteran on or after October 1 of the first \n fiscal year beginning after the date of \n enactment of this subparagraph.\n ``(iii) Exception.--If the President's \n budget for the upcoming fiscal year, submitted \n to Congress pursuant to section 1105(a) of \n title 31, United States Code, includes a cost \n for the program established under this \n subsection that is above zero, the requirements \n of clause (ii) shall not apply to express loans \n made during such upcoming fiscal year.''.","summary":"This bill amends the Small Business Act to prohibit the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan of not more than $150,000 made to a veteran or spouse of a veteran beginning the first fiscal year after enactment of this bill under the SBA's Export Working Capital, International Trade, or Export Express programs. If the President's budget for the upcoming fiscal year includes a cost for such a program that is above zero, this prohibition shall not apply to loans made during such upcoming fiscal year.","title":"To amend the Small Business Act to waive the guarantee fee for loans of not more than $150,000 provided to veterans and spouses of veterans under the Export Working Capital, International Trade, and Export Express programs.","text_len":5237,"sum_len":556} {"bill_id":"112_hr4402","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Strategic and Critical \nMinerals Production Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The industrialization of China and India has driven \n demand for nonfuel mineral commodities, sparking a period of \n resource nationalism exemplified by China's reduction in \n exports of rare-earth elements necessary for \n telecommunications, military technologies, healthcare \n technologies, and conventional and renewable energy \n technologies.\n (2) The availability of minerals and mineral materials are \n essential for economic growth, national security, technological \n innovation, and the manufacturing and agricultural supply \n chain.\n (3) The exploration, production, processing, use, and \n recycling of minerals contribute significantly to the economic \n well-being, security and general welfare of the Nation.\n (4) The United States has vast mineral resources, but is \n becoming increasingly dependent upon foreign sources of these \n mineral materials, as demonstrated by the following:\n (A) Twenty-five years ago the United States was \n dependent on foreign sources for 30 nonfuel mineral \n materials, 6 of which the United States imported 100 \n percent of the Nation's requirements, and for another \n 16 commodities the United States imported more than 60 \n percent of the Nation's needs.\n (B) By 2011 the United States import dependence for \n nonfuel mineral materials had more than doubled from 30 \n to 67 commodities, 19 of which the United States \n imported 100 percent of the Nation's requirements, and \n for another 24 commodities, imported more than 50 \n percent of the Nation's needs.\n (C) The United States share of world wide mineral \n exploration dollars was 8 percent in 2011, down from 19 \n percent in the early 1990s.\n (D) In the 2012 Ranking of Countries for Mining \n Investment, out of 25 major mining countries, the \n United States ranked last with Papua New Guinea in \n permitting delays, and towards the bottom regarding \n government take and social issues affecting mining.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Strategic and critical minerals.--The term ``strategic \n and critical minerals'' means minerals that are necessary--\n (A) for national defense and national security \n requirements;\n (B) for the Nation's energy infrastructure, \n including pipelines, refining capacity, electrical \n power generation and transmission, and renewable energy \n production;\n (C) to support domestic manufacturing, agriculture, \n housing, telecommunications, healthcare, and \n transportation infrastructure; and\n (D) for the Nation's economic security and balance \n of trade.\n (2) Agency.--The term ``agency'' means any agency, \n department, or other unit of Federal, State, local, or tribal \n government, or Alaska Native Corporation.\n (3) Mineral exploration or mine permit.--The term ``mineral \n exploration or mine permit'' includes plans of operation issued \n by the Bureau of Land Management and the Forest Service \n pursuant to 43 CFR 3809 and 36 CFR 228A respectively.\n\n TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL \n MINERALS\n\nSEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.\n\n Domestic mines that will provide strategic and critical minerals \nshall be considered an ``infrastructure project'' as described in \nPresidential Order ``Improving Performance of Federal Permitting and \nReview of Infrastructure Projects'' dated March 22, 2012.\n\nSEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.\n\n (a) In General.--The lead agency with responsibility for issuing a \nmineral exploration or mine permit shall appoint a project lead who \nshall coordinate and consult with other agencies, cooperating agencies, \nproject proponents and contractors to ensure that agencies minimize \ndelays, set and adhere to timelines and schedules for completion of \nreviews, set clear permitting goals and track progress against those \ngoals.\n (b) The lead agency with responsibility for issuing a mineral \nexploration or mine permit shall determine any such action would not \nconstitute a major Federal action significantly affecting the quality \nof the human environment within the meaning of the National \nEnvironmental Policy Act of 1969 if the procedural and substantive \nsafeguards of the lead agency's permitting process alone, any \napplicable State permitting process alone, or a combination of the two \nprocesses together provide an adequate mechanism to ensure that \nenvironmental factors are taken into account.\n (c) The lead agency with responsibility for issuing a mineral \nexploration or mine permit shall enhance government coordination on \npermitting and review by avoiding duplicative reviews, minimizing \npaperwork and engaging other agencies and stakeholders early in the \nprocess. The lead agency shall consider the following best practices:\n (1) Deferring to and relying upon baseline data, analysis \n and reviews preformed by State agencies with jurisdiction over \n the proposed project.\n (2) Conducting reviews concurrently rather than \n sequentially to the extent practicable and when such concurrent \n review will expedite rather than delay a decision.\n (d) At the request of a project proponent, the project lead of the \nagency with responsibility for issuing a mineral exploration or mine \npermit shall enter into an agreement with the project proponent and \nother cooperating agencies that sets time limits for each part of the \npermit review process including the following:\n (1) The decision on whether to prepare a document required \n under the National Environmental Policy Act of 1969.\n (2) A determination of the scope of any document required \n under the National Environmental Policy Act of 1969.\n (3) The scope of and schedule for the baseline studies \n required to prepare a document required under the National \n Environmental Policy Act of 1969.\n (4) Preparation of any draft document required under the \n National Environmental Policy Act of 1969.\n (5) Preparation of a final document required under the \n National Environmental Policy Act of 1969.\n (6) Consultations required under applicable laws.\n (7) Submission and review of any comments required under \n applicable law.\n (8) Publication of any public notices required under \n applicable law.\n (9) A final or any interim decisions.\n (e) In no case should the total review process described in \nsubsection (d) exceed 30 months unless agreed to by the signatories of \nthe agreement.\n (f) The lead agency is not required to address agency or public \ncomments that were not submitted during the public comment periods \nprovided by the lead agency or otherwise required by law.\n (g) The lead agency will determine the amount of financial \nassurance for reclamation of a mineral exploration or mining site, \nwhich must cover the estimated cost if the lead agency were to contract \nwith a third party to reclaim the operations according to the \nreclamation plan, including construction and maintenance costs for any \ntreatment facilities necessary to meet Federal, State or tribal \nenvironmental standards.\n (h) This section shall apply with respect to a mineral exploration \nor mine permit for which an application was submitted before the date \nof the enactment of this Act if the applicant for the permit submits a \nwritten request to the lead agency for the permit. The lead agency \nshall begin implementing this section with respect to such application \nwithin 30 days after receiving such written request.\n (i) With respect to strategic and critical materials within a \nfederally administered unit of the National Forest System, the lead \nagency shall--\n (1) exempt all areas of identified mineral resources in \n Land Use Designations, other than Non-Development Land Use \n Designations, in existence as of the date of the enactment of \n this Act from the procedures detailed at and all rules \n promulgated under part 294 of title 36, Code for Federal \n Regulations;\n (2) apply such exemption to all additional routes and areas \n that the lead agency finds necessary to facilitate the \n construction, operation, maintenance, and restoration of the \n areas of identified mineral resources described in paragraph \n (1); and\n (3) continue to apply such exemptions after approval of the \n Minerals Plan of Operations for the unit of the National Forest \n System.\n\nSEC. 103. CONSERVATION OF THE RESOURCE.\n\n In developing the mineral exploration or mine permit, the priority \nof the lead agency shall be to maximize the development of the mineral \nresource, while mitigating environmental impacts, so that more of the \nmineral resource can be brought to the market place.\n\nSEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING \n PROJECTS.\n\n (a) Preparation of Federal Notices for Mineral Exploration and Mine \nDevelopment Projects.--The preparation of Federal Register notices \nrequired by law associated with the issuance of a mineral exploration \nor mine permit shall be delegated to the organization level within the \nagency responsible for issuing the mineral exploration or mine permit. \nAll Federal Register notices regarding official document availability, \nannouncements of meetings, or notices of intent to undertake an action \nshall be originated and transmitted to the Federal Register from the \noffice where documents are held, meetings are held, or the activity is \ninitiated.\n (b) Departmental Review of Federal Register Notices for Mineral \nExploration and Mining Projects.--Absent any extraordinary circumstance \nor except as otherwise required by any Act of Congress, each Federal \nRegister notice described in subsection (a) shall undergo any required \nreviews within the Department of the Interior or the Department of \nAgriculture and be published in its final form in the Federal Register \nno later than 30 days after its initial preparation.\n\nTITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND \n MINE PERMITS\n\nSEC. 201. DEFINITIONS FOR TITLE.\n\n In this title the term ``covered civil action'' means a civil \naction containing a claim under section 702 of title 5, United States \nCode, regarding agency action affecting a mineral exploration or mine \npermit.\n\nSEC. 202. TIMELY FILINGS.\n\n A covered civil action is barred unless filed no later than the end \nof the 60-day period beginning on the date of the final Federal agency \naction to which it relates.\n\nSEC. 203. EXPEDITION IN HEARING AND DETERMINING THE ACTION.\n\n The court shall endeavor to hear and determine any covered civil \naction as expeditiously as possible.\n\nSEC. 204. LIMITATION ON PROSPECTIVE RELIEF.\n\n In a covered civil action, the court shall not grant or approve any \nprospective relief unless the court finds that such relief is narrowly \ndrawn, extends no further than necessary to correct the violation of a \nlegal requirement, and is the least intrusive means necessary to \ncorrect that violation.\n\nSEC. 205. LIMITATION ON ATTORNEYS' FEES.\n\n Sections 504 of title 5, United States Code, and 2412 of title 28, \nUnited States Code (together commonly called the Equal Access to \nJustice Act) do not apply to a covered civil action, nor shall any \nparty in such a covered civil action receive payment from the Federal \nGovernment for their attorneys' fees, expenses, and other court costs.\n\n Passed the House of Representatives July 12, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"National Strategic and Critical Minerals Production Act of 2012 - Title I: Development of Domestic Sources Of Strategic and Critical Minerals - Deems a domestic mine that will provide strategic and critical minerals to be an infrastructure project as described in Presidential Order Improving Performance of Federal Permitting and Review of Infrastructure Projects dated March 22, 2012. Sets forth the responsibilities of the lead agency with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement. Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process. Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request. Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations. (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources. And (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. Prescribes the Federal Register notice process for mineral exploration and mining projects. Title II: Judicial Review Of Agency Actions Relating To Exploration And Mine Permits - Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates. Requires the court to hear and determine any covered civil action as expeditiously as possible. Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation. Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.","title":"To require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness.","text_len":12715,"sum_len":3573} {"bill_id":"107_s722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Telemarketer Identification Act of \n2001''.\n\nSEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION \n SERVICES.\n\n (a) In General.--Section 227 of the Communications Act of 1934 (47 \nU.S.C. 227) is amended--\n (1) by redesignating subsections (e) and (f) as subsections \n (f) and (g), respectively; and\n (2) by inserting after subsection (d) the following new \n subsection (e):\n ``(e) Prohibition on Interference With Caller Identification \nServices.--\n ``(1) In general.--It shall be unlawful for any person or \n entity within the United States, in making any commercial \n telephone solicitation, to interfere with or circumvent the \n ability of a caller identification service to access or provide \n to the recipient of the call the information about the call (as \n required under the regulations issued under paragraph (2)) that \n such service is capable of providing.\n ``(2) Regulations.--Not later than 18 months after the date \n of the enactment of the Telemarketer Identification Act of \n 2001, the Commission shall prescribe regulations to implement \n this subsection. The regulations shall--\n ``(A) require any person or entity making a \n commercial telephone solicitation to make such \n solicitation in a manner such that a recipient of such \n solicitation having a caller identification service \n capable of providing such information will be provided \n by such service with--\n ``(i) the name of the person or entity on \n whose behalf such solicitation is being made, \n or the name of the person or entity making the \n solicitation; and\n ``(ii) a valid and working telephone number \n at which the person or entity making such \n solicitation or the person or entity on whose \n behalf such solicitation was made may be \n reached during regular business hours for the \n purpose of requesting that the recipient of \n such solicitation be placed on the do-not-call \n list required under section 64.1200 of the \n Commission's regulations (47 C.F.R. 64.1200) to \n be maintained by the person making such \n solicitation; and\n ``(B) provide that any person or entity who \n receives a request from a person to be placed on such \n do-not-call list may not use such person's name and \n telephone number for any other telemarketing purpose \n (including transfer or sale to any other entity for \n telemarketing use) other than enforcement of such list.\n ``(3) Private right of action.--A person or entity may, if \n otherwise permitted by the laws or rules of court of a State, \n bring in an appropriate court of that State--\n ``(A) an action based on a violation of this \n subsection or the regulations prescribed under this \n subsection to enjoin such violation;\n ``(B) an action to recover for actual monetary loss \n from such a violation, or to receive $500 in damages \n for each such violation, whichever is greater; or\n ``(C) both such actions.\n If the court finds that the defendant willfully or knowingly \n violated this subsection or the regulations prescribed under \n this subsection, the court may, in its discretion, increase the \n amount of the award to an amount equal to not more than 3 times \n the amount available under subparagraph (B).\n ``(4) Definitions.--In this subsection:\n ``(A) Caller identification service.--The term \n `caller identification service' means any service or \n device designed to provide the user of the service or \n device with the telephone number of an incoming \n telephone call.\n ``(B) Telephone call.--The term `telephone call' \n means any telephone call or other transmission which is \n made to or received at a telephone number of any type \nof telephone service. Such term includes calls made by an automatic \ntelephone dialing system, an integrated services digital network, and a \ncommercial mobile radio source.''.\n (b) Delayed Effective Date.--\n (1) In general.--The regulations prescribed by the Federal \n Communications Commission under subsection (e) of section 227 \n of the Communications Act of 1934, as added by subsection (a), \n shall take effect on the date that is two years after the date \n of the enactment of this Act.\n (2) Additional delay for good cause shown.--The Commission \n may grant a wavier from compliance with the regulations \n referred to in paragraph (1) for a period of not more than 24 \n months upon application (made at such time, in such form, and \n containing such information as the Commission may require), and \n after notice to the public and an opportunity for comment, to \n any person who demonstrates to the satisfaction of the \n Commission that--\n (A) it will comply with the regulations before the \n expiration of the period of time for which the waiver \n is requested;\n (B) without the requested waiver, timely compliance \n with the regulations would be technically infeasible \n because of technical problems associated with the \n telecommunications equipment used by the applicant; and\n (C) replacement or upgrading of the \n telecommunications equipment used by the applicant in \n order to comply with the regulations in a timely manner \n without the waiver--\n (i) would impose an unduly onerous \n financial burden on the applicant;\n (ii) is not feasible because the equipment, \n software, or technical assistance necessary for \n the replacement or upgrade is not available; or\n (iii) cannot be completed before the \n effective date of the regulations.\n\nSEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.\n\n (a) Effect on State Law.--Subsection (f)(1) of section 227 of the \nCommunications Act of 1934 (47 U.S.C. 227), as redesignated by section \n2 of this Act, is further amended--\n (1) in subparagraph (C), by striking ``or'' at the end;\n (2) in subparagraph (D), by striking the period and \n inserting ``; or''; and\n (3) by adding at the end the following new subparagraph:\n ``(E) interfering with or circumventing caller \n identification services.''.\n (b) Actions by States.--The first sentence of subsection (g)(1) of \nsuch section 227, as so redesignated, is further amended by inserting \nafter ``this section,'' the following: ``or has engaged or is engaging \nin a pattern or practice of interfering with or circumventing caller \nidentification services of residents of that State in violation of \nsubsection (e) or the regulations prescribed under such subsection,''.","summary":"Telemarketer Identification Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person or entity making a commercial telephone solicitation to interfere with or circumvent a caller identification service. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition. Authorizes the FCC to grant a temporary waiver from compliance for good cause shown .","title":"A bill to amend the Communications Act of 1934 to prohibit telemarketers from interfering with the caller identification service of any person to whom a telephone solicitation is made, and for other purposes.","text_len":7852,"sum_len":461} {"bill_id":"106_s2082","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Presidential Sites Improvement Act \nof 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there are many sites honoring Presidents located \n throughout the United States, including Presidential \n birthplaces, homes, museums, burial sites, and tombs;\n (2) most of the sites are owned, operated, and maintained \n by non-Federal entities such as State and local agencies, \n family foundations, colleges and universities, libraries, \n historical societies, historic preservation organizations, and \n other nonprofit organizations;\n (3) Presidential sites are often expensive to maintain;\n (4) many Presidential sites are in need of capital, \n technological, and interpretive display improvements for which \n funding is insufficient or unavailable; and\n (5) to promote understanding of the history of the United \n States by recognizing and preserving historic sites linked to \n Presidents of the United States, the Federal Government should \n provide grants for the maintenance and improvement of \n Presidential sites.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Grant commission.--The term ``Grant Commission'' means \n the Presidential Site Grant Commission established by section \n 4(d).\n (2) Presidential site.--The term ``Presidential site'' \n means a Presidentially-related site of national significance \n that is--\n (A) managed, maintained, and operated for, and is \n accessible to, the public; and\n (B) owned or operated by--\n (i) a State; or\n (ii) a private institution, organization, \n or person.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Director of the National \n Park Service.\n\nSEC. 4. GRANTS FOR PRESIDENTIAL SITES.\n\n (a) In General.--The Secretary shall award grants for major \nmaintenance and improvement projects at Presidential sites to owners or \noperators of Presidential sites in accordance with this section.\n (b) Use of Grant Funds.--\n (1) In general.--A grant awarded under this section may be \n used for--\n (A) repairs or capital improvements at a \n Presidential site (including new construction for \n necessary modernization) such as--\n (i) installation or repair of heating or \n air conditioning systems, security systems, or \n electric service; or\n (ii) modifications at a Presidential site \n to achieve compliance with requirements under \n titles II and III of the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12131 et \n seq.); and\n (B) interpretive improvements to enhance public \n understanding and enjoyment of a Presidential site.\n (2) Allocation of funds.--\n (A) In general.--Of the funds made available to \n award grants under this Act--\n (i) 15 percent shall be used for emergency \n projects, as determined by the Secretary;\n (ii) 65 percent shall be used for grants \n for Presidential sites with--\n (I) a 3-year average annual \n operating budget of less than $700,000 \n (not including the amount of any grant \n received under this section); and\n (II) an endowment in an amount that \n is less than 3 times the annual \n operating budget of the site; and\n (iii) 20 percent shall be used for grants \n for Presidential sites with--\n (I) an annual operating budget of \n $700,000 or more (not including the \n amount of any grant received under this \n section); and\n (II) an endowment in an amount that \n is equal to or more than 3 times the \n annual operating budget of the site.\n (B) Unexpended funds.--If any funds allocated for a \n category of projects described in subparagraph (A) are \n unexpended, the Secretary may use the funds to award \n grants for another category of projects described in \n that subparagraph.\n (c) Application and Award Procedure.--\n (1) In general.--Not later than a date to be determined by \n the Secretary, an owner or operator of a Presidential site may \n submit to the Secretary an application for a grant under this \n section.\n (2) Involvement of grant commission.--\n (A) In general.--The Secretary shall forward each \n application received under paragraph (1) to the Grant \n Commission.\n (B) Consideration by grant commission.--Not later \n than 60 days after receiving an application from the \n Secretary under subparagraph (A), the Grant Commission \n shall return the application to the Secretary with a \n recommendation of whether the proposed project should \n be awarded a Presidential site grant.\n (C) Recommendation of grant commission.--In making \n a decision to award a Presidential site grant under \n this section, the Secretary shall take into \n consideration any recommendation of the Grant \n Commission.\n (3) Award.--Not later than 180 days after receiving an \n application for a Presidential site grant under paragraph (1), \n the Secretary shall--\n (A) award a Presidential site grant to the \n applicant; or\n (B) notify the applicant, in writing, of the \n decision of the Secretary not to award a Presidential \n site grant.\n (4) Matching requirements.--\n (A) In general.--The Federal share of the cost of a \n project at a Presidential site for which a grant is \n awarded under this section shall not exceed 50 percent.\n (B) Non-federal share.--The non-Federal share of \n the cost of a project at a Presidential site for which \n a grant is awarded under this section may be provided \n in cash or in kind.\n (d) Presidential Site Grant Commission.--\n (1) In general.--There is established the Presidential Site \n Grant Commission.\n (2) Composition.--The Grant Commission shall be composed \n of--\n (A) the Director of the National Park Service; and\n (B) 4 members appointed by the Secretary as \n follows:\n (i) A State historic preservation officer.\n (ii) A representative of the National Trust \n for Historic Preservation.\n (iii) A representative of a site described \n in subsection (b)(2)(A)(ii).\n (iv) A representative of a site described \n in subsection (b)(2)(A)(iii).\n (3) Term.--A member of the Grant Commission shall serve a \n term of 2 years.\n (4) Duties.--The Grant Commission shall--\n (A) review applications for Presidential site \n grants received under subsection (c); and\n (B) recommend to the Secretary projects for which \n Presidential site grants should be awarded.\n (5) Ineligibility of sites during term of representative.--\n A site described in clause (iii) or (iv) of paragraph (2)(B) \n shall be ineligible for a grant under this Act during the 2-\n year period in which a representative of the site serves on the \n Grant Commission.\n (6) Nonapplicability of faca.--The Grant Commission shall \n not be subject to the Federal Advisory Committee Act (5 U.S.C. \n App.).\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this Act $5,000,000 for each of fiscal years \n2001 through 2005, to remain available until expended.","summary":"Establishes the Presidential Site Grant Commission to review grant applications and make award recommendations to the Secretary. Authorizes appropriations.","title":"Presidential Sites Improvement Act of 2000","text_len":9078,"sum_len":155} {"bill_id":"114_s3488","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SuperPAC Elimination Act of 2017''.\n\nSEC. 2. ELIMINATION OF CERTAIN CONTRIBUTIONS LIMITATIONS.\n\n (a) Purpose.--The purpose of this section is to allow unlimited \ndirect contributions by citizens and lawful permanent residents of the \nUnited States to candidates in Federal elections.\n (b) Elimination of Limitations.--Section 315(a) of the Federal \nElection Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended--\n (1) in paragraph (1)--\n (A) by striking subparagraph (A) and redesignating \n subparagraphs (B), (C), and (D) as subparagraphs (A), \n (B), and (C), respectively; and\n (B) in subparagraph (B), as redesignated by \n subparagraph (A), by striking ``(other than a committee \n described in subparagraph (D))'' and inserting ``(other \n than an authorized political committee of a candidate \n or a committee described in subparagraph (C))'';\n (2) in paragraph (2)--\n (A) by striking subparagraph (A) and redesignating \n subparagraphs (B) and (C) as subparagraphs (A) and (B), \n respectively; and\n (B) in subparagraph (B), as redesignated by \n subparagraph (A), by inserting ``(other than an \n authorized political committee of a candidate)'' after \n ``political committee''; and\n (3) by striking paragraph (3).\n (c) Conforming Amendments.--\n (1) Section 315(a) of such Act (52 U.S.C. 30116(a)) is \n amended by striking paragraph (6).\n (2)(A) Section 315(c) of such Act (52 U.S.C. 30116(c)) is \n amended--\n (i) by striking ``(a)(1)(B), (a)(3),'' in paragraph \n (1)(B)(i);\n (ii) by striking ``, (a)(1)(B), (a)(3),'' in \n subparagraph (1)(C); and\n (iii) by striking ``, (a)(1)(B), (a)(3),'' in \n paragraph (2)(B)(ii).\n (B) Section 304(i)(3)(B) of such Act (52 U.S.C. \n 30104(i)(3)(B)) is amended by striking ``, (a)(1)(B), \n (a)(3),''.\n (3) Section 323(e)(1)(B)(i) of such Act (52 U.S.C. \n 30125(e)(1)(B)(i)) is amended by striking ``contributions to \n candidates and political committees under paragraphs (1), (2), \n and (3)'' and inserting ``contributions to political committees \n under paragraphs (1) and (2)''.\n\nSEC. 3. 24-HOUR NOTIFICATION REQUIRED FOR ALL DIRECT CONTRIBUTIONS TO \n CANDIDATES.\n\n Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 \n(52 U.S.C. 30104(a)(6)(A)) is amended to read as follows:\n ``(A) In general.--\n ``(i) If a candidate receives an aggregate \n amount of contributions in excess of $200 from \n any contributor during a calendar year, the \n principal campaign committee of such candidate \n shall submit to the Secretary or the \n Commission, and the Secretary of State, as \n appropriate, in writing, a notification \n containing the name of the candidate and office \n sought by the candidate, the identification of \n the contributor, and the date of the receipt \n and amount of the contribution.\n ``(ii) If, at any time after a candidate is \n required to submit a notification under this \n subparagraph with respect to a contributor \n during a calendar year, the candidate receives \n additional contributions from that contributor \n during that year, the principal campaign \n committee of the candidate shall submit an \n additional notification under clause (i) with \n respect to such contributor.\n ``(iii) The principal campaign committee of \n the candidate shall submit the notification \n required under this subparagraph with respect \n to a contributor--\n ``(I) in the case of a notification \n described in clause (i), not later than \n 24 hours after the date on which the \n aggregate amount of contributions \n received from the contributor during \n the calendar year exceeds $200; or\n ``(II) in the case of an additional \n notification described in clause (ii), \n not later than 24 hours after the date \n of the contribution.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to contributions made \nfor elections occurring after the date of the enactment of this Act.","summary":"SuperPAC Elimination Act of 2017 This bill amends the Federal Election Campaign Act of 1971 to: (1) eliminate the limitations on direct contributions from individuals and political committees to candidates in federal elections. And (2) require 24-hour notification to the Secretary of the Senate or the Federal Election Commission, and the Secretary of State, as appropriate, for all direct contributions to candidates in excess of $200.","title":"SuperPAC Elimination Act of 2017","text_len":5309,"sum_len":437} {"bill_id":"112_hr3114","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civic Justice Corps Act of 2011''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to develop, implement, and expand \neducational and work experience opportunities for court-involved, \npreviously incarcerated, and otherwise disadvantaged youth and young \nadults through service and conservation corps and other community-based \nservice organizations.\n\nSEC. 3. FINDINGS.\n\n The Congress finds as follows:\n (1) On any given day, more than 500,000 juvenile court \n cases in the United States end in incarceration or probation.\n (2) The per diem cost of locking up one young person in a \n juvenile facility ranges from $24 in Wyoming to $726 in \n Connecticut, but the American Correctional Association \n estimates that, on average, it costs States $240.99 per day, or \n around $88,000 a year, for every young person in a juvenile \n facility.\n (3) States spend nearly $6,000,000,000 a year incarcerating \n youth.\n (4) Youth who are imprisoned are up to 50 percent more \n likely to recidivate than their counterparts who remain in \n their communities.\n (5) Nearly 70 percent of youth in residential facilities \n have been adjudicated for nonviolent offenses and could be \n safely managed within their communities.\n (6) The most effective programs at reducing recidivism \n rates and promoting positive life outcomes for youth are \n administered within communities, outside of the criminal \n juvenile justice system.\n (7) In the United States there are more than 150 service \n and conservation corps, the direct descendants of the Civilian \n Conservation Corps of the 1930s, that operate in all 50 States, \n provide educational and economic opportunities to more than \n 30,000 young people each year, and make important contributions \n in the communities in which they are located.\n (8) The Civic Justice Corps Model, developed by The Corps \n Network in conjunction with the Gates and Open Society \n Foundations, utilizes community service projects to deliver \n life skills, education, workforce readiness, and supportive and \n transitional services to formerly incarcerated and court-\n involved youth and young adults between the ages of 16 and 25.\n (9) Data from 14 original Civic Justice Corps sites \n demonstrate 80 percent post-program participant placement rates \n and 11 percent recidivism rates among program participants (as \n opposed to the prevailing recidivism rate of 50 to 70 percent).\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Civic justice corps model.--The term ``Civic Justice \n Corps Model'' refers to programs that--\n (A) intentionally recruit and primarily enroll as \n participants in the program court-involved, previously \n incarcerated, and otherwise disadvantaged youth and \n young adults between the ages of 16 and 25;\n (B) provide such participants with educational \n programming and support designed to lead to a high \n school diploma or its recognized equivalent;\n (C) provide such participants with assessment, \n career planning, workforce readiness, and service or \n work experience designed to lead to unsubsidized \n employment, enrollment in postsecondary education or an \n apprenticeship program, the obtainment of an industry-\n recognized credential, or some other type of career \n pathway program, including military service;\n (D) demonstrate relationships with local criminal, \n juvenile justice, and other social service agencies and \n provide a range of supportive and transitional services \n to participants;\n (E) engage participants in relevant, necessary, and \n team-based community service projects designed to \n instill life and jobs skills and long-term civic \n engagement;\n (F) demonstrate relationships with local boards (as \n such term is defined in section 101 of the Workforce \n Investment Act of 1998 (29 U.S.C. 2801)) and local \n employers and can provide participants with appropriate \n post-program placements;\n (G) require participants to be enrolled in the \n program for not less than 6 months, and provide \n participants with at least 12 months of post-program \n support and services;\n (H) collect post-program data for at least the 12 \n months after such participants complete the program; \n and\n (I) have in place a plan for sustaining the program \n after the expiration of the grant.\n (2) Local subgrantee.--The term ``local subgrantee'' refers \n to a service and conservation corps or other community-based \n service organization that--\n (A) has been competitively selected by a national \n intermediary to carry out a Civic Justice Corps program \n that implements the Civic Justice Corps Model; and\n (B) demonstrates--\n (i) a local need for a Civic Justice Corps \n program;\n (ii) the ability to recruit and enroll \n court-involved, previously incarcerated, and \n otherwise disadvantaged youth and young adults \n between the ages of 16 and 25;\n (iii) the ability to provide the education, \n workforce development, service and work \n experience, and supportive and follow-up \n services described in paragraph (1);\n (iv) relationships with local criminal, \n juvenile justice, and social service agencies;\n (v) relationships with local boards (as \n such term is defined in section 101 of the \n Workforce Investment Act of 1998 (29 U.S.C. \n 2801)) and employers and the ability to place \n participants upon program completion;\n (vi) the ability to collect data and report \n on the performance measures described in \n section 6(b); and\n (vii) a plan to sustain the Civic Justice \n Corps program after the expiration of the \n subgrant.\n (3) National intermediary.--The term ``national \n intermediary'' means a national nonprofit organization that--\n (A) has experience in developing and administering \n programs that utilize community service to deliver \n education and work experience to court-involved, \n formerly incarcerated, and otherwise disadvantaged \n youth;\n (B) demonstrates an ability to administer a \n competitive subgrant process that will result in the \n selection of no less than nine geographically diverse \n local subgrantees to carry out Civil Justice Corps \n programs that implement the Civic Justice Corps Model;\n (C) demonstrates an ability to provide training and \n technical assistance to subgrantees; and\n (D) has the ability to collect information from the \n subgrantees on the performance measures described in \n section 6(b) and report such information to the \n Attorney General on an annual basis.\n (4) Service and conservation corps.--The term ``service and \n conservation corps'' means any State or local service or \n conservation corps, including a service or conservation corps \n carried out under the national service laws.\n\nSEC. 5. CIVIC JUSTICE CORPS GRANTS.\n\n (a) In General.--The Attorney General shall award grants to one or \nmore national intermediaries to develop, implement, and collect data \nfrom Civic Justice Corps programs administered by no fewer than nine \nlocal subgrantees in diverse geographic locations.\n (b) Grant and Subgrant Periods.--Each grant awarded to a national \nintermediary, and each subgrant awarded to a local subgrantee, under \nthis section shall be for a period of 3 years.\n (c) Use of Grant Funds.--\n (1) In general.--Each national intermediary receiving a \n grant under this section shall make at least nine subgrants to \n local subgrantees to carry out Civil Justice Corps programs \n that implement the Civil Justice Corps Model described in \n section 4(1) with the funds provided under such subgrant.\n (2) Reservation.--Each national intermediary receiving a \n grant under this section shall reserve--\n (A) not less than 90 percent for subgrants to local \n subgrantees; and\n (B) not more than 10 percent for training and \n technical assistance to, and data collection from, such \n local subgrantees.\n (d) Use of Subgrants.--An entity receiving a subgrant under this \nsection shall use the funds made available through such subgrant to \ncarry out a Civic Justice Corps program that implements the Civic \nJustice Corps Model. Such program shall include the provision of \neducational programming and support to participants, which may \ninclude--\n (1) basic instruction and remedial education;\n (2) language instruction for individuals with limited \n English proficiency;\n (3) secondary education services and activities, including \n drop-out prevention, tutoring, and other activities;\n (4) preparation for and access to postsecondary education \n opportunities, including counseling and assistance with \n applying for student financial aid;\n (5) work readiness training, which may include--\n (A) development of basic skills, such as--\n (i) arriving on time to work;\n (ii) being prepared to work;\n (iii) working independently;\n (iv) working with others;\n (v) working safely; and\n (vi) demonstrating a commitment to produce \n high quality work;\n (B) development of job-specific occupational skills \n and on-the-job training; and\n (C) assessment of skills, career counseling, and \n job search assistance; and\n (6) development and monitoring of individual education and \n career plans.\n\nSEC. 6. REPORTS.\n\n (a) Annual Reports to the Attorney General.--Each national \nintermediary receiving a grant under this Act shall submit a report \nannually to the Attorney General at such time, in such manner, and \nproviding such information as the Attorney General may require, \nincluding information on the performance measures reported by \nsubgrantees in accordance with subsection (b).\n (b) Subgrantee Reports on Performance Measures.--Each entity \nreceiving a subgrant under this section shall annually report to the \nnational intermediary that awarded such subgrant on the following \nperformance measures of participant progress:\n (1) The obtainment of a high school diploma, a recognized \n equivalent, or some other industry-recognized credential.\n (2) Post-program placement for each participant in one of \n the following, and total post-program placement rates for each \n of the following:\n (A) Unsubsidized employment.\n (B) Postsecondary education.\n (C) A registered apprenticeship or further job \n training.\n (D) A career pathway program, including military \n service.\n (3) Post-program recidivism rates.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this section \n$20,000,000 for each of the fiscal years 2012 through 2018.","summary":"Civic Justice Corps Act of 2011 - Directs the Attorney General to award three-year Civic Justice Corps grants to national nonprofit organizations that have experience in developing and administering programs to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25. Requires such organizations to develop, implement, and collect data from Civic Justice Corps programs administered by at least nine local subgrantees in diverse geographic locations. Requires national intermediaries and subgrantees to submit annual reports on performance measures of participant progress.","title":"To provide grants for Civic Justice Corps programs for court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults.","text_len":12882,"sum_len":678} {"bill_id":"114_hr1139","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Detergent Poisoning And Child Safety \nAct of 2015'' or the ``Detergent PACS Act of 2015''.\n\nSEC. 2. SPECIAL PACKAGING AND OTHER REQUIREMENTS FOR LIQUID DETERGENT \n PACKETS.\n\n (a) Definitions.--In this Act:\n (1) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission.\n (2) Consumer product.--The term ``consumer product'' has \n the meaning given such term in section 3(a) of the Consumer \n Product Safety Act (15 U.S.C. 2052(a)).\n (3) Detergent packet.--The term ``detergent packet'' means \n a consumer product that consists of a detergent enclosed in a \n water soluble outer layer.\n (4) Liquid detergent packet.--The term ``liquid detergent \n packet'' means a consumer product that consists of a \n substantially liquid or gel detergent enclosed in a water \n soluble outer layer.\n (5) Special packaging.--The term ``special packaging'' has \n the meaning given that term in section 2 of the Poison \n Prevention Packaging Act of 1970 (15 U.S.C. 1471).\n (b) Safety Standards Required.--\n (1) In general.--Except as provided in subsection (c)(1), \n not later than 540 days after the date of the enactment of this \n Act, the Commission shall promulgate a final rule that \n establishes safety standards for liquid detergent packets to \n protect children who are younger than 5 years of age from \n injury or illness caused by exposure to such packets.\n (2) Elements.--The final rule promulgated under paragraph \n (1) shall--\n (A) require special packaging for liquid detergent \n packets;\n (B) include standards to address the design and \n color of liquid detergent packets to--\n (i) make them less attractive to children;\n (ii) reduce the likelihood of exposure to \n detergent; and\n (iii) otherwise reduce risks related to the \n ingestion or aspiration of, or ocular contact \n with, detergent and other potential injury \n risks of liquid detergent packets;\n (C) include standards to address the composition of \n liquid detergent packets to make the consequences of \n exposure less severe; and\n (D) prescribe warning labels that--\n (i) adequately inform consumers of the \n potential risks of injury and death caused by \n liquid detergent packets;\n (ii) are conspicuous and visible at the \n point of sale;\n (iii) clarify hazard patterns, including \n known consequences of such hazards; and\n (iv) identify actions needed to avoid \n injury.\n (3) Treatment as consumer product safety standard.--A rule \n promulgated under paragraph (1) shall be treated as a consumer \n product safety standard described in section 7(a) of the \n Consumer Product Safety Act (15 U.S.C. 2056(a)).\n (4) Rulemaking.--\n (A) In general.--A rule under paragraph (1) shall \n be promulgated in accordance with section 553 of title \n 5, United States Code.\n (B) Inapplicability of certain requirements.--\n Section 9 of the Consumer Product Safety Act (15 U.S.C. \n 2058) shall not apply to a rulemaking under paragraph \n (1).\n (c) Adoption of Voluntary Standard.--\n (1) In general.--Subsection (b)(1) shall not apply if the \n Commission determines that--\n (A) a voluntary standard pertaining to liquid \n detergent packets manufactured or imported for use in \n the United States protects children as described in \n subsection (b)(1);\n (B) such voluntary standard is or will be in effect \n not later than 1 year after the date of the enactment \n of this Act; and\n (C) such voluntary standard is developed by ASTM \n International Subcommittee F15.71 on Liquid Laundry \n Packets, or such other entity as the Commission \n considers a successor to ASTM International \n Subcommittee F15.71.\n (2) Publication of determination.--If the Commission makes \n a determination under paragraph (1), the Commission shall \n publish such determination in the Federal Register.\n (3) Treatment of voluntary standard.--If the Commission \n determines that a voluntary standard meets the conditions in \n paragraph (1), such standard shall be treated as a consumer \n product safety standard described in section 7(a) of the \n Consumer Product Safety Act (15 U.S.C. 2056(a)) beginning on \n the date that is the later of--\n (A) the date that is 180 days after the date of the \n publication under paragraph (2) of such determination; \n or\n (B) the effective date specified in the voluntary \n standard.\n (4) Revision of voluntary standard.--\n (A) Notice of revision.--If a voluntary standard is \n treated as a consumer product safety standard under \n paragraph (3) and such standard is revised by ASTM \n International after the Commission makes a \n determination under paragraph (1), ASTM International \n shall notify the Commission of such revision not later \n than 60 days after making such revision.\n (B) Treatment of revisions.--A voluntary standard \n with respect to which the Commission receives notice \n under subparagraph (A) shall be treated as a consumer \n product safety standard described in section 7(a) of \n the Consumer Product Safety Act (15 U.S.C. 2056(a)), \n promulgated in lieu of the prior version, effective 180 \n days after the date the Commission is notified of the \n revision under subparagraph (A), unless not later than \n 90 days after receiving that notice the Commission \n determines that the revised voluntary standard does not \n meet the requirements of paragraph (1)(A), in which \n case the Commission shall continue to enforce the prior \n version.\n (d) Future Rulemaking.--\n (1) In general.--The Commission may, at any time after \n promulgating a final rule under subsection (b)(1) or making a \n determination under subsection (c)(1), promulgate such rules in \n accordance with section 553 of title 5, United States Code, as \n the Commission considers appropriate to protect, to the maximum \n degree practicable, children as described in subsection (a)(1).\n (2) Treatment as consumer product safety standard.--A rule \n promulgated under paragraph (1) shall be treated as a consumer \n product safety standard described in section 7(a) of the \n Consumer Product Safety Act (15 U.S.C. 2056(a)).\n (3) Inapplicability of certain requirements.--Section 9 of \n the Consumer Product Safety Act (15 U.S.C. 2058) shall not \n apply to a rulemaking under paragraph (1).\n (e) Report to Congress.--\n (1) In general.--Not later than 4 years after the date of \n the enactment of this Act, the Commission shall submit to the \n Committee on Commerce, Science, and Transportation of the \n Senate and the Committee on Energy and Commerce of the House of \n Representatives a report on risks posed by detergent packets to \n young children and how the Commission is working to protect \n such children from such risks.\n (2) Matters covered.--The report required by paragraph (1) \n shall include the following:\n (A) A quantitative assessment of annual national \n pediatric exposure to detergent packets, including the \n number of exposure incidents, the means of exposure \n (whether by ingestion, aspiration, or ocular contact), \n the clinical effects of the exposures, and medical \n outcomes.\n (B) An assessment as to whether the rule \n promulgated under subsection (b)(1) or the voluntary \n standard adopted under subsection (c), as the case may \n be, has been effective in protecting young children \n from injury or illness caused by exposure to detergent \n packets.\n (C) Such recommendations for legislative or \n administrative action as the Commission may have to \n protect young children as described in subparagraph \n (B).\n (3) Publication.--The Commission shall make the report \n required by paragraph (1) available to the public on the \n Internet website of the Commission.","summary":"Detergent Poisoning And Child Safety Act of 2015 or the Detergent PACS Act of 2015 Requires the Consumer Product Safety Commission (CPSC) to establish safety standards for liquid detergent packets to protect children who are younger than five years of age from injury or illness. Directs the CPSC to establish such standards by promulgating a rule or adopting voluntary ASTM International standards. Provides for any final rule that is promulgated to include: (1) requirements for special packaging and warning labels, (2) standards to make the color and design of packets less attractive to children, and (3) liquid composition standards to make the consequences of exposure less severe. Requires the rule or standards to be treated as consumer product safety standards under the Consumer Product Safety Act.","title":"Detergent PACS Act of 2015","text_len":9646,"sum_len":809} {"bill_id":"112_hr1793","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Up Government Act of 2011''.\n\nSEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND \n OTHER INTANGIBLE RIGHTS.\n\n Sections 1341 and 1343 of title 18, United States Code, are each \namended by striking ``money or property'' and inserting ``money, \nproperty, or any other thing of value''.\n\nSEC. 3. VENUE FOR FEDERAL OFFENSES.\n\n Section 3237(a) of title 18, United States Code, is amended by \ninserting after ``begun, continued, or completed'' the following: ``or \nin any district in which an act in furtherance of an offense is \ncommitted''.\n\nSEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL \n FINANCIAL ASSISTANCE.\n\n Section 666(a) of title 18, United States Code, is amended by \nstriking ``10 years'' and inserting ``20 years''.\n\nSEC. 5. PENALTY FOR SECTION 641 VIOLATIONS.\n\n Section 641 of title 18, United States Code, is amended by striking \n``ten years'' and inserting ``20 years''.\n\nSEC. 6. BRIBERY AND GRAFT.\n\n Section 201 of title 18, United States Code, is amended--\n (1) in subsection (b), by striking ``fifteen years'' and \n inserting ``20 years''; and\n (2) in subsection (c), by striking ``two years'' and \n inserting ``five years''.\n\nSEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY \n OFFENSE.\n\n Section 641 of title 18, United States Code, is amended by \ninserting ``the District of Columbia or'' before ``the United States'' \neach place such term appears.\n\nSEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.\n\n Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United \nStates Code, are each amended by inserting ``the official's or person's \nofficial position or'' before ``any official act''.\n\nSEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''.\n\n Section 201(a)(3) of title 18, United States Code, is amended to \nread as follows:\n ``(3) the term `official act'--\n ``(A) includes any act within the range of official \n duty, and any decision, recommendation, or action on \n any question, matter, cause, suit, proceeding, or \n controversy, which may at any time be pending, or which \n may by law be brought before any public official, in \n such public official's official capacity or in such \n official's place of trust or profit;\n ``(B) may be a single act, more than one act, or a \n course of conduct; and\n ``(C) includes a decision or recommendation that a \n government should not take action.''.\n\nSEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN \n CRIMES.\n\n (a) Directive to Sentencing Commission.--Pursuant to its authority \nunder section 994(p) of title 28, United States Code, and in accordance \nwith this section, the United States Sentencing Commission forthwith \nshall review and amend its guidelines and its policy statements \napplicable to persons convicted of an offense under section 201, 641, \n666, 1951, 1952, or 1962 of title 18, United States Code in order to \nreflect the intent of Congress that such penalties be increased in \ncomparison to those currently provided by guidelines and policy \nstatements.\n (b) Requirements.--In carrying out this subsection, the Commission \nshall--\n (1) ensure that the sentencing guidelines and policy \n statements reflect Congress's intent that the guidelines and \n policy statements reflect the serious nature of the offenses \n described in paragraph (1), the growing incidence of such \n offenses, and the need for an effective deterrent and \n appropriate punishment to prevent such offenses;\n (2) consider the extent to which the guidelines may or may \n not appropriately account for--\n (A) the potential and actual harm to the public and \n the amount of any loss resulting from the offense;\n (B) the level of sophistication and planning \n involved in the offense;\n (C) whether the offense was committed for purposes \n of commercial advantage or private financial benefit;\n (D) whether the defendant acted with intent to \n cause either physical or property harm in committing \n the offense;\n (E) the extent to which the offense represented an \n abuse of trust by the offender and was committed in a \n manner that undermined public confidence in the \n Federal, State or local government; and\n (F) whether the violation was intended to or had \n the effect of creating a threat to public health or \n safety, injury to any person or even death;\n (3) assure reasonable consistency with other relevant \n directives and with other sentencing guidelines;\n (4) account for any additional aggravating or mitigating \n circumstances that might justify exceptions to the generally \n applicable sentencing ranges;\n (5) make any necessary conforming changes to the sentencing \n guidelines; and\n (6) assure that the guidelines adequately meet the purposes \n of sentencing as set forth in section 3553(a)(2) of title 18, \n United States Code.\n\nSEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC \n CORRUPTION OFFENSES.\n\n (a) In General.--Chapter 213 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 3302. Corruption offenses\n ``Unless an indictment is returned or the information is filed \nagainst a person within 10 years after the commission of the offense, a \nperson may not be prosecuted, tried, or punished for a violation of, or \na conspiracy or an attempt to violate the offense in--\n ``(1) section 201 or 666;\n ``(2) section 1341 or 1343, when charged in conjunction \n with section 1346 and where the offense involves a scheme or \n artifice to deprive another of the intangible right of honest \n services of a public official;\n ``(3) section 1951, if the offense involves extortion under \n color of official right;\n ``(4) section 1952, to the extent that the unlawful \n activity involves bribery; or\n ``(5) section 1962, to the extent that the racketeering \n activity involves bribery chargeable under State law, involves \n a violation of section 201 or 666, section 1341 or 1343, when \n charged in conjunction with section 1346 and where the offense \n involves a scheme or artifice to deprive another of the \n intangible right of honest services of a public official, or \n section 1951, if the offense involves extortion under color of \n official right.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 213 of title 18, United States Code, is amended by adding at \nthe end the following new item:\n\n``3302. Corruption offenses.''.\n (c) Application of Amendment.--The amendments made by this section \nshall not apply to any offense committed before the date of enactment \nof this Act.\n\nSEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION \n RELATED OFFENSES.\n\n (a) Solicitation of Political Contributions.--Section 602(a)(4) of \ntitle 18, United States Code, is amended by striking ``3 years'' and \ninserting ``10 years''.\n (b) Promise of Employment for Political Activity.--Section 600 of \ntitle 18, United States Code, is amended by striking ``one year'' and \ninserting ``10 years''.\n (c) Deprivation of Employment for Political Activity.--Section \n601(a) of title 18, United States Code, is amended by striking ``one \nyear'' and inserting ``10 years''.\n (d) Intimidation To Secure Political Contributions.--Section 606 of \ntitle 18, United States Code, is amended by striking ``three years'' \nand inserting ``10 years''.\n (e) Solicitation and Acceptance of Contributions in Federal \nOffices.--Section 607(a)(2) of title 18, United States Code, is amended \nby striking ``3 years'' and inserting ``10 years''.\n (f) Coercion of Political Activity by Federal Employees.--Section \n610 of title 18, United States Code, is amended by striking ``three \nyears'' and inserting ``10 years''.\n\nSEC. 13. ADDITIONAL RICO PREDICATES.\n\n (a) In General.--Section 1961(1) of title 18, United States Code, \nis amended--\n (1) by inserting ``section 641 (relating to embezzlement or \n theft of public money, property, or records),'' after ``473 \n (relating to counterfeiting),'';\n (2) by inserting ``section 666 (relating to theft or \n bribery concerning programs receiving Federal funds),'' after \n ``section 664 (relating to embezzlement from pension and \n welfare funds),''; and\n (3) by inserting ``section 1031 (relating to major fraud \n against the United States)'' after ``section 1029 (relating to \n fraud and related activity in connection with access \n devices),''.\n (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 18, \nUnited States Code, is amended--\n (1) by striking ``section 641 (relating to public money, \n property, or records),''; and\n (2) by striking ``section 666 (relating to theft or bribery \n concerning programs receiving Federal funds),''.\n\nSEC. 14. ADDITIONAL WIRETAP PREDICATES.\n\n Section 2516(1)(c) of title 18, United States Code, is amended--\n (1) by inserting ``section 641 (relating to embezzlement or \n theft of public money, property, or records), section 666 \n (relating to theft or bribery concerning programs receiving \n Federal funds),'' after ``section 224 (bribery in sporting \n contests),''; and\n (2) by inserting ``section 1031 (relating to major fraud \n against the United States)'' after ``section 1014 (relating to \n loans and credit applications generally; renewals and \n discounts),''.\n\nSEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE \n PROCEEDINGS.\n\n (a) In General.--Section 1512(i) of title 18, United States Code, \nis amended to read as follows:\n ``(i) A prosecution under section 1503, 1504, 1505, 1508, 1509, \n1510, or this section may be brought in the district in which the \nconduct constituting the alleged offense occurred or in which the \nofficial proceeding (whether or not pending or about to be instituted) \nwas intended to be affected.''.\n (b) Perjury.--\n (1) In general.--Chapter 79 of title 18, United States \n Code, is amended by adding at the end the following:\n``Sec. 1624. Venue\n ``A prosecution under section 1621(1), 1622 (in regard to \nsubornation of perjury under 1621(1)), or 1623 of this title may be \nbrought in the district in which the oath, declaration, certificate, \nverification, or statement under penalty of perjury is made or in which \na proceeding takes place in connection with the oath, declaration, \ncertificate, verification, or statement.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 79 of title 18, United States Code, is \n amended by adding at the end the following:\n\n``1624. Venue.''.\n\nSEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS.\n\n (a) In General.--Chapter 63 of title 18, United States Code, is \namended by inserting after section 1346 the following new section:\n``Sec. 1346A. Undisclosed self-dealing by public officials\n ``(a) Undisclosed Self-Dealing by Public Officials.--For purposes \nof this chapter, the term `scheme or artifice to defraud' also includes \na scheme or artifice by a public official to engage in undisclosed \nself-dealing.\n ``(b) Definitions.--As used in this section:\n ``(1) Official act.--The term `official act'--\n ``(A) includes any act within the range of official \n duty, and any decision, recommendation, or action on \n any question, matter, cause, suit, proceeding, or \n controversy, which may at any time be pending, or which \n may by law be brought before any public official, in \n such public official's official capacity or in such \n official's place of trust or profit;\n ``(B) may be a single act, more than one act, or a \n course of conduct; and\n ``(C) includes a decision or recommendation that a \n government should not take action.\n ``(2) Public official.--The term `public official' means an \n officer, employee, or elected or appointed representative, or \n person acting for or on behalf of the United States, a State, \n or a subdivision of a State, or any department, agency or \n branch of government thereof, in any official function, under \n or by authority of any such department, agency, or branch of \n government.\n ``(3) State.--The term `State' includes a State of the \n United States, the District of Columbia, and any commonwealth, \n territory, or possession of the United States.\n ``(4) Undisclosed self-dealing.--The term `undisclosed \n self-dealing' means that--\n ``(A) a public official performs an official act \n for the purpose, in whole or in part, of benefitting or \n furthering a financial interest of--\n ``(i) the public official;\n ``(ii) the spouse or minor child of a \n public official;\n ``(iii) a general business partner of the \n public official;\n ``(iv) a business or organization in which \n the public official is serving as an employee, \n officer, director, trustee, or general partner; \n or\n ``(v) an individual, business, or \n organization with whom the public official is \n negotiating for, or has any arrangement \n concerning, prospective employment or financial \n compensation; and\n ``(B) the public official knowingly falsifies, \n conceals, or covers up material information that is \n required to be disclosed regarding that financial \n interest by any Federal, State, or local statute, rule, \n regulation, or charter applicable to the public \n official, or knowingly fails to disclose material \n information regarding that financial interest in a \n manner that is required by any Federal, State, or local \n statute, rule, regulation, or charter applicable to the \n public official.''.\n (b) Conforming Amendment.--The table of sections for chapter 63 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 1346 the following new item:\n\n``1346A. Undisclosed self-dealing by public officials.''.\n (c) Applicability.--The amendments made by this section apply to \nacts engaged in on or after the date of the enactment of this Act.\n\nSEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST JUDGES.\n\n Section 360(a) of title 28, United States Code, is amended--\n (1) in paragraph (2) by striking ``or'';\n (2) in paragraph (3), by striking the period at the end, \n and inserting ``; or''; and\n (3) by inserting after paragraph (3) the following:\n ``(4) such disclosure of information regarding a potential \n criminal offense is made to the Attorney General, a Federal, \n State, or local grand jury, or a Federal, State, or local law \n enforcement agency.''.\n\nSEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY OFFENSES.\n\n Section 666(c) of title 18, United States Code, is amended--\n (1) by striking ``This section does not apply to''; and\n (2) by inserting ``This subsection shall apply to the \n giving or receiving of `anything of value' that is corruptly \n solicited, demanded, accepted or agreed to be accepted in \n subsection (a)(1)(B) and corruptly given, offered, or agreed to \n be given in subsection (a)(2) shall not include'', before the \n words ``bona fide salary''.\n\nSEC. 19. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES.\n\n Section 3731 of title 18, United States Code, is amended by \ninserting after ``United States attorney'' the following: ``, Deputy \nAttorney General, Assistant Attorney General, or the Attorney \nGeneral''.","summary":"Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. Expands mail and wire fraud statutes to cover offenses involving any other thing of value . Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. Increases the maximum term of imprisonment from: (1) 10 to 20 years for theft or bribery involving federally-assisted programs. (2) 10 to 20 years for theft and embezzlement of federal money, property, or records, (3) 15 to 20 years for bribery of public officials. And (4) 2 to 5 years for providing gratuities because of an official's or person's official position or for any official act, or for bribery of a witness at a trial, hearing, or other proceeding before any court, any committee of Congress, or any US agency, commission, or officer. Expands the definition of official act to include any act within the range of official duty, including any recommendation, which may be a single act, more than one act, or a course of conduct, and which may include a decision or recommendation that a government should not take action. Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia. Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption and racketeering offenses to reflect the intent of Congress that penalties for such offenses be increased. Establishes a 10-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering. Increases to 10 years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) promise of employment made possible by an Act of Congress for political activity, (3) deprivation of such employment for political activity, (4) intimidation to secure political contributions, (5) solicitation and acceptance of contributions in federal offices, and (6) coercion of political activity by federal employees. Includes embezzlement or theft of government money or property, and specified activity relating to major fraud against the United States, as predicates for racketeering prosecutions and wiretaps. Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred. Includes as a prohibited scheme or artifice to defraud any scheme or artifice by a public official to engage in undisclosed self-dealing, as defined in this Act. Amends the federal judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Department of Justice (DOJ), a federal, state, or local grand jury, or federal, state, or local law enforcement agents. Permits the US attorney, Deputy Attorney General, Assistant Attorney General, or the Attorney General to certify to the district court that an appeal by the United States is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.","title":"To amend title 18, United States Code, to deter public corruption, and for other purposes.","text_len":17192,"sum_len":3460} {"bill_id":"111_hr2058","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Post-Deployment Health Assessment \nAct of 2009''.\n\nSEC. 2. MENTAL HEALTH SCREENINGS FOR MEMBERS OF THE ARMED FORCES \n DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.\n\n (a) Mental Health Screenings.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary of Defense shall issue \n guidance for the provision of an in-person mental health \n screening for each member of the Armed Forces who is deployed \n in connection with a contingency operation as follows:\n (A) At a time during the period beginning 180 days \n before the date of deployment in connection with the \n contingency operation and ending 90 days before the \n date of deployment in connection with the contingency \n operation.\n (B) At a time during the period beginning 90 days \n after the date of redeployment from the contingency \n operation and ending 180 days after the date of \n redeployment from the contingency operation.\n (C) Subject to subsection (d), not later than each \n of 6 months, 12 months, and 18 months after the \n screening provided under subparagraph (B).\n (2) Exclusion of certain members.--A mental health \n screening is not required for a members of the Armed Forces \n under subparagraphs (B) and (C) of paragraph (1) if the \n Secretary determines that the member was not subjected or \n exposed to combat stress during deployment in the contingency \n operation concerned.\n (b) Purpose.--The purpose of the mental health screenings provided \npursuant to this section shall be to identify post-traumatic stress \ndisorder, suicidal tendencies, and other behavioral health issues \nidentified among members of the Armed Forces described in subsection \n(a) in order to determine which such members are in need of additional \ncare and treatment for such health issues.\n (c) Elements.--\n (1) In general.--The mental health screenings provided \n pursuant to this section shall--\n (A) be performed by personnel trained and certified \n to perform such screenings in accordance with such \n criteria as the Secretary of Defense shall establish; \n and\n (B) include an in-person dialogue between members \n of the Armed Forces described in subsection (a) and \n personnel described by paragraph (1) on such matters as \n the Secretary shall specify in order that the \n screenings achieve the purpose specified in subsection \n (b) for such screenings.\n (2) Treatment of current assessments and screenings.--The \n Secretary may treat periodic health assessments and other in-\n person screenings that are provided to members of the Armed \n Forces as of the date of the enactment of this Act as meeting \n the requirements for mental health screenings required under \n this section if the Secretary determines that such assessments \n and in-person screenings meet the requirements for mental \n health screenings established by this section.\n (d) Cessation of Screenings.--No mental health screening is \nrequired to be provided an individual under subsection (a)(1)(C) after \nthe individual's discharge or release from the Armed Forces.\n (e) Sharing of Information.--\n (1) In general.--The Secretary of Defense shall share with \n the Secretary of Veterans Affairs such information on members \n of the Armed Forces that is derived from confidential mental \n health screenings, including mental health screenings provided \n pursuant to this section and health assessments and other in-\n person screenings provided before the date of the enactment of \n this Act, as the Secretary of Defense and the Secretary of \n Veterans Affairs jointly consider appropriate to ensure \n continuity of mental health care and treatment of members of \n the Armed Forces during their transition from health care and \n treatment provided by the Department of Defense to health care \n and treatment provided by the Department of Veterans Affairs.\n (2) Protocols.--Any sharing of information under paragraph \n (1) shall occur pursuant to a protocol jointly established by \n the Secretary of Defense and the Secretary of Veterans Affairs \n for purposes of this subsection. Any such protocol shall be \n consistent with the following:\n (A) Applicable provisions of the Wounded Warrior \n Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 \n note), including in particular, section 1614 of that \n Act (122 Stat. 443; 10 U.S.C. 1071 note).\n (B) Section 1720F of title 38, United States Code.\n (f) Contingency Operation Defined.--In this section, the term \n``contingency operation'' has the meaning given that term in section \n101(a)(13) of title 10, United States Code.\n (g) Reports.--\n (1) Report on guidance.--Upon the issuance of the guidance \n required by subsection (a), the Secretary of Defense shall \n submit to Congress a report describing the guidance.\n (2) Report on implementation of guidance.--Not later than \n one year after the date of the issuance of the guidance \n required by subsection (a), the Secretary shall submit to \n Congress a report on the implementation of the guidance by the \n military departments. The report shall include an evidence-\n based assessment of the effectiveness of the mental health \n screenings provided pursuant to the guidance in achieving the \n purpose specified in subsection (b) for such screenings.","summary":"Post-Deployment Health Assessment Act of 2009 - Directs the Secretary of Defense to issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces deployed in connection with a contingency operation, in order to identify post-traumatic stress disorder (PTSD), suicidal tendencies, and other behavioral health issues for which additional care and treatment may be necessary. Excludes from such screenings members not subjected or exposed to combat stress during their deployment. Requires the Secretary to share screening results with the Secretary of Veterans Affairs in order to ensure continuity of mental health care and treatment for such members during their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA).","title":"To require mental health screenings for members of the Armed Forces who are deployed in connection with a contingency operation, and for other purposes.","text_len":6134,"sum_len":877} {"bill_id":"110_s1571","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Aviation Improvement Act''.\n\nSEC. 2. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.\n\n (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, is amended by striking section 41747, and such title 49 \nshall be applied as if such section 41747 had not been enacted.\n (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, is amended by striking the item relating to section \n41747.\n\nSEC. 3. PER PASSENGER SUBSIDY FOR ESSENTIAL AIR SERVICE.\n\n (a) In General.--Section 41742 of title 49, United States Code, is \namended by adding at the end the following:\n ``(c) Per Passenger Subsidy Cap.--\n ``(1) In general.--The Secretary of Transportation may not \n provide compensation to an air carrier to provide air \n transportation under this subchapter to an otherwise eligible \n place in the 48 contiguous States if the eligible place--\n ``(A) is located fewer than 70 highway miles from \n the nearest large or medium hub airport; or\n ``(B) is fewer than 210 miles from the nearest \n large or medium hub airport and requires a per \n passenger subsidy in excess of the dollar amount \n described in paragraph (2).\n ``(2) Dollar amount of per passenger subsidy.--\n ``(A) In general.--The dollar amount described in \n this paragraph is--\n ``(i) for calendar year 2008, $200; and\n ``(ii) for each calendar year after \n calendar year 2008, $200 increased by an amount \n equal to--\n ``(I) $200, multiplied by\n ``(II) the percentage (if any) by \n which the CPI for the preceding \n calendar year exceeds the CPI for \n calendar year 2007.\n ``(B) Rounding.--Any increase under subparagraph \n (A)(ii) shall be rounded to the nearest dollar.\n ``(3) Definitions.--In this subsection:\n ``(A) CPI for the preceding calendar year.--The \n term `CPI for the preceding calendar year' means the \n average of the Consumer Price Index as of the close of \n the 12-month period ending on August 31 of such \n calendar year.\n ``(B) Consumer price index.--The term `Consumer \n Price Index' means the last Consumer Price Index for \n all-urban consumers published by the Department of \n Labor.''.\n (b) Per Passenger Subsidy Defined.--Section 41731(a) of title 49, \nUnited States Code, is amended by adding at the end the following:\n ``(3) `per passenger subsidy' means--\n ``(A) the total compensation provided by the \n Secretary of Transportation to an air carrier under \n this subchapter that is necessary for the air carrier \n to provide air transportation to an eligible place, \n divided by\n ``(B) the total number of passengers using such air \n transportation.''.\n (c) Conforming Repeal.--Section 332 of the Department of \nTransportation and Related Agencies Appropriations Act, 2000 (Public \nLaw 106-69; 49 U.S.C. 41731 note) is repealed.\n\nSEC. 4. COMMUNITIES ABOVE PER PASSENGER SUBSIDY CAP.\n\n (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 41749. Essential air service for eligible places above per \n passenger subsidy cap\n ``(a) Proposals.--A State or local government may submit a proposal \nto the Secretary of Transportation for compensation for an air carrier \nto provide air transportation to a place described in subsection (b).\n ``(b) Place Described.--A place described in this subsection is a \nplace--\n ``(1) that is otherwise an eligible place; and\n ``(2) for which the per passenger subsidy exceeds the \n dollar amount allowable under section 41742(c).\n ``(c) Decisions.--Not later than 90 days after receiving a proposal \nunder subsection (a) for compensation for an air carrier to provide air \ntransportation to a place described in subsection (b), the Secretary \nshall--\n ``(1) decide whether to provide compensation for the air \n carrier to provide air transportation to the place; and\n ``(2) approve the proposal if the State or local government \n or a person is willing and able to pay the difference between--\n ``(A) the per passenger subsidy; and\n ``(B) the dollar amount allowable for such subsidy \n under section 41742(c).\n ``(d) Compensation Payments.--\n ``(1) In general.--The Secretary shall pay compensation \n under this section at such time and in such manner as the \n Secretary determines is appropriate.\n ``(2) Duration of payments.--The Secretary shall continue \n to pay compensation under this section only as long as--\n ``(A) the State or local government or person \n agreeing to pay compensation under subsection (c)(2) \n continues to pay such compensation; and\n ``(B) the Secretary decides the compensation is \n necessary to maintain air transportation to the place.\n ``(e) Review.--\n ``(1) In general.--The Secretary shall periodically review \n the type and level of air service provided under this section.\n ``(2) Consultation.--The Secretary may make appropriate \n adjustments in the type and level of air service to a place \n under this section based on the review under paragraph (1) and \n consultation with the affected community and the State or local \n government or person agreeing to pay compensation under \n subsection (c)(2).\n ``(f) Ending, Suspending, and Reducing Air Transportation.--An air \ncarrier providing air transportation to a place under this section may \nend, suspend, or reduce such air transportation if, not later than 30 \ndays before ending, suspending, or reducing such air transportation, \nthe air carrier provides notice of the intent of the air carrier to \nend, suspend, or reduce such air transportation to--\n ``(1) the Secretary;\n ``(2) the affected community; and\n ``(3) the State or local government or person agreeing to \n pay compensation under subsection (c)(2).''.\n (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, is amended by adding after the item relating to \nsection 41748 the following new item:\n\n``41749. Essential air service for eligible places above per passenger \n subsidy cap.''.\n\nSEC. 5. PREFERRED ESSENTIAL AIR SERVICE.\n\n (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, as amended by section 4, is further amended by adding \nafter section 41749 the following:\n``Sec. 41750. Preferred essential air service\n ``(a) Proposals.--A State or local government may submit a proposal \nto the Secretary of Transportation for compensation for a preferred air \ncarrier described in subsection (b) to provide air transportation to an \neligible place.\n ``(b) Preferred Air Carrier Described.--A preferred air carrier \ndescribed in this subsection is an air carrier that--\n ``(1) submits an application under section 41733(c) to \n provide air transportation to an eligible place;\n ``(2) is not the air carrier that submits the lowest cost \n bid to provide air transportation to the eligible place; and\n ``(3) is an air carrier that the affected community prefers \n to provide air transportation to the eligible place instead of \n the air carrier that submits the lowest cost bid.\n ``(c) Decisions.--Not later than 90 days after receiving a proposal \nunder subsection (a) for compensation for a preferred air carrier \ndescribed in subsection (b) to provide air transportation to an \neligible place, the Secretary shall--\n ``(1) decide whether to provide compensation for the \n preferred air carrier to provide air transportation to the \n eligible place; and\n ``(2) approve the proposal if the State or local government \n or a person is willing and able to pay the difference between--\n ``(A) the rate of compensation the Secretary would \n provide to the air carrier that submits the lowest cost \n bid to provide air transportation to the eligible \n place; and\n ``(B) the rate of compensation the preferred air \n carrier estimates to be necessary to provide air \n transportation to the eligible place.\n ``(d) Compensation Payments.--\n ``(1) In general.--The Secretary shall pay compensation \n under this section at such time and in such manner as the \n Secretary determines is appropriate.\n ``(2) Duration of payments.--The Secretary shall continue \n to pay compensation under this section only as long as--\n ``(A) the State or local government or person \n agreeing to pay compensation under subsection (c)(2) \n continues to pay such compensation; and\n ``(B) the Secretary decides the compensation is \n necessary to maintain air transportation to the \n eligible place.\n ``(e) Review.--\n ``(1) In general.--The Secretary shall periodically review \n the type and level of air service provided under this section.\n ``(2) Consultation.--The Secretary may make appropriate \n adjustments in the type and level of air service to an eligible \n place under this section based on the review under paragraph \n (1) and consultation with the affected community and the State \n or local government or person agreeing to pay compensation \n under subsection (c)(2).\n ``(f) Ending, Suspending, and Reducing Air Transportation.--A \npreferred air carrier providing air transportation to an eligible place \nunder this section may end, suspend, or reduce such air transportation \nif, not later than 30 days before ending, suspending, or reducing such \nair transportation, the preferred air carrier provides notice of the \nintent of the preferred air carrier to end, suspend, or reduce such air \ntransportation to--\n ``(1) the Secretary;\n ``(2) the affected community; and\n ``(3) the State or local government or person agreeing to \n pay compensation under subsection (c)(2).''.\n (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, as amended by section 4, is further amended by \nadding after the item relating to section 41749 the following new item:\n\n``41750. Preferred essential air service.''.\n\nSEC. 6. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE \n SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR \n SERVICE.\n\n Section 41733 of title 49, United States Code, is amended by adding \nat the end the following new subsection:\n ``(f) Restoration of Eligibility for Subsidized Essential Air \nService.--\n ``(1) In general.--If the Secretary of Transportation \n terminates the eligibility of an otherwise eligible place to \n receive basic essential air service by an air carrier for \n compensation under subsection (c), a State or local government \n may submit to the Secretary a proposal for restoring such \n eligibility.\n ``(2) Determination by secretary.--If the per passenger \n subsidy required by the proposal submitted by a State or local \n government under paragraph (1) does not exceed the per \n passenger subsidy cap provided under section 41742(c), the \n Secretary shall issue an order restoring the eligibility of the \n otherwise eligible place to receive basic essential air service \n by an air carrier for compensation under subsection (c).''.\n\nSEC. 7. CALCULATION OF HIGHWAY MILEAGE TO MEDIUM AND LARGE HUB \n AIRPORTS.\n\n (a) In General.--Section 41731 of title 49, United States Code, is \namended by adding at the end the following:\n ``(c) Calculation of Highway Mileage to Medium and Large Hub \nAirports.--\n ``(1) In general.--In any determination under this \n subchapter of compensation or eligibility for compensation for \n essential air service based on the highway mileage of an \n eligible place from the nearest medium hub airport or large hub \n airport, the highway mileage shall be that of the most commonly \n used route, as identified under paragraph (2).\n ``(2) Most commonly used route.--The Secretary of \n Transportation shall identify the most commonly used route \n between an eligible place and the nearest medium hub airport or \n large hub airport by--\n ``(A) consulting with the Governor or a designee of \n the Governor in the State in which the eligible place \n is located; and\n ``(B) considering the certification of the Governor \n or a designee of the Governor as to the most commonly \n used route.\n ``(3) Applicability.--This subsection shall apply only to \n eligible places in the 48 contiguous States and the District of \n Columbia.''.\n (b) Conforming Amendment.--Section 409 of Vision 100--Century of \nAviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 41731 note) \nis repealed.\n\nSEC. 8. OFFICE OF RURAL AVIATION.\n\n (a) Establishment.--There is established within the Office of the \nSecretary of Transportation the Office of Rural Aviation (referred to \nin this section as the ``Office'').\n (b) Functions.--The functions of the Office are--\n (1) to develop a uniform 4-year contract for air carriers \n providing essential air service to communities under subchapter \n II of chapter 417 of title 49, United States Code;\n (2) to develop a mechanism for comparing applications \n submitted by air carriers under section 41733(c) to provide \n essential air service to communities, including comparing--\n (A) estimates from air carriers on--\n (i) the cost of providing essential air \n service; and\n (ii) the revenues air carriers expect to \n receive when providing essential air service; \n and\n (B) estimated schedules for air transportation; and\n (3) to select an air carrier from among air carriers \n applying to provide essential air service, based on the \n criteria described in paragraph (2).\n\nSEC. 9. EXTENSION OF AUTHORITY TO MAKE AGREEMENTS UNDER THE ESSENTIAL \n AIR SERVICE PROGRAM.\n\n Section 41743(e)(2) of title 49, United States Code, is amended by \nstriking ``2008'' and inserting ``2011''.\n\nSEC. 10. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS.\n\n Section 41737 of title 49, United States Code, is amended--\n (1) in subsection (a)(1)--\n (A) in subparagraph (B), by striking ``; and'' and \n inserting a semicolon;\n (B) in subparagraph (C), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(D) provide for an adjustment in compensation to \n account for significant increases in fuel costs, in \n accordance with subsection (e).''; and\n (2) in subsection (e)--\n (A) in paragraph (1), by striking ``may'' and \n inserting ``shall''; and\n (B) in paragraph (2), by striking ``may'' and \n inserting ``shall''.\n\nSEC. 11. CHARTER AIR CARRIER PASSENGER BOARDINGS.\n\n Notwithstanding any other provision of law, the Secretary of \nTransportation shall treat passenger boardings on aircraft operated by \ncharter air carriers at airports receiving essential air service under \nsubchapter II of chapter 417 of title 49, United States Code, as \npassenger boardings for purposes of section 47114(c)(1)(E) of such \ntitle.\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR ESSENTIAL AIR SERVICE.\n\n (a) Adjustment to Authorization of Appropriations.--Section 41742 \nof title 49, United States Code, is amended--\n (1) in subsection (a)(2), by striking ``$77,000,000'' and \n inserting ``$33,000,000''; and\n (2) in subsection (b), by striking ``Notwithstanding \n section 47114'' and all that follows.\n (b) Funds From Airport and Airway Trust Fund.--Section 41737(d)(2) \nof title 49, United States Code, is amended to read as follows:\n ``(2) In addition to amounts authorized to be appropriated \n under section 41742(a), not more than $50,000,000 shall be \n available to the Secretary out of the Fund for each of the \n fiscal years 2008 through 2011 to incur obligations under this \n section. Amounts made available under this section remain \n available until expended.''.","summary":"Rural Aviation Improvement Act - Repeals the Essential Air Service Local Participation Program. Prohibits the Secretary of Transportation from compensating an air carrier for providing essential air service to an eligible community in the 48 contiguous states if such community: (1) is located fewer than 70 miles from the nearest large or medium hub airport. Or (2) is fewer than 210 miles from the nearest large or medium hub airport and requires a per passenger subsidy for such service in excess of $200 for calendar year 2008, including any increase for each ensuing calendar year. Authorizes a state or local government to submit a proposal to the Secretary to: (1) compensate an air carrier for essential air service to an eligible community above the $200 per passenger subsidy cap, (2) compensate a preferred air carrier for providing such service. And (3) restore the eligibility of a community to receive subsidized essential air service. Requires the Secretary, in determining compensation for essential air service based on highway mileage, to use the highway mileage of the most commonly used route between the eligible community and the nearest medium hub airport or large hub airport. Establishes within the Office of the Secretary the Office of Rural Aviation. Extends through FY2011 the Secretary's authority under the essential air service program to make agreements to provide assistance to underserved airports. Requires adjustment of compensation to air carriers for providing essential air service in order to take into account significant increases in fuel costs. Directs the Secretary to treat passenger boardings on aircraft operated by charter air carriers at airports receiving essential air service as passenger boardings for purposes of making apportionments of airport improvement grant funds.","title":"A bill to reform the essential air service program, and for other purposes.","text_len":17919,"sum_len":1824} {"bill_id":"108_hr4231","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs Nurse \nRecruitment and Retention Act of 2004''.\n\nSEC. 2. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS \n NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS \n HEALTH-CARE FACILITIES.\n\n (a) Pilot.--(1) Not later than 90 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall \ndesignate a health-care service region, or a section within such a \nregion, in which health-care facilities of the Department of Veterans \nAffairs are adversely affected by a shortage of qualified nurses.\n (2) The Secretary shall conduct a pilot program in the region or \nsection designated under paragraph (1) to determine the effectiveness \nof the use of innovative human-capital tools and techniques in the \nrecruitment of qualified nurses for positions at Department health-care \nfacilities and for the retention of nurses at such facilities. In \ncarrying out the pilot program, the Secretary shall enter into a \ncontract with a private-sector entity for services under the pilot \nprogram for recruitment of qualified nurses.\n (b) Private-Sector Recruitment Practices.--For purposes of the \npilot program under this section, the Secretary shall identify and use \nrecruitment practices that have proven effective for placing qualified \nindividuals in positions that are difficult to fill due to shortages of \nqualified individuals or other factors. Recruitment practices to be \nreviewed by the Secretary for use in the pilot program shall include--\n (1) employer branding and interactive advertising \n strategies;\n (2) Internet technologies and automated staffing systems; \n and\n (3) the use of recruitment, advertising, and communication \n agencies.\n (c) Streamlined Hiring Process.--In carrying out the pilot program \nunder this section, the Secretary shall, at health-care facilities of \nthe Department in the region or section in which the pilot program is \nconducted, revise procedures and systems for selecting and hiring \nqualified nurses to reduce the length of the hiring process. If the \nSecretary identifies measures to streamline and automate the hiring \nprocess that can only be implemented if authorized by law, the \nSecretary shall submit to the Committees on Veterans' Affairs of the \nSenate and House of Representatives recommendations for such changes in \nlaw as may be necessary to enable such measure to be implemented.\n (d) Report.--Not later than one year after the date of the \nenactment of this Act, the Secretary shall submit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives a report \non the extent to which the pilot program achieved the goal of improving \nthe recruitment and retention of nurses in Department of Veterans \nAffairs health-care facilities.\n\nSEC. 3. ALTERNATE WORK SCHEDULES FOR NURSES.\n\n (a) Enhanced Shift Flexibility.--Chapter 74 of title 38, United \nStates Code, is amended by inserting after section 7456 the following \nnew section:\n``Sec. 7456a. Alternate work schedules\n ``(a) Applicability.--This section applies to registered nurses \nappointed under this chapter.\n ``(b) 36\/40 Work Schedule.--(1) Subject to paragraph (2), if the \nSecretary determines it to be necessary in order to obtain or retain \nthe services of registered nurses at a Department health-care facility, \nthe Secretary may provide, in the case of registered nurses employed at \nthat facility, that such a nurse who works three regularly scheduled \n12-hour tours of duty within a workweek shall be considered for all \npurposes (except computation of full-time equivalent employees for the \npurposes of determining compliance with personnel ceilings) to have \nworked a full 40-hour basic workweek. Such a schedule may be referred \nto as a `36\/40 work schedule'.\n ``(2)(A) Basic and additional pay for a registered nurse who is \nconsidered under paragraph (1) to have worked a full 40-hour basic \nworkweek is subject to subparagraphs (B) and (C).\n ``(B) The hourly rate of basic pay for such a nurse for service \nperformed as part of a regularly scheduled 36-hour tour of duty within \nthe workweek shall be derived by dividing the nurse's annual rate of \nbasic pay by 1,872.\n ``(C)(i) Such a nurse who performs a period of service in excess of \nsuch nurse's regularly scheduled 36-hour tour of duty within a workweek \nis entitled to overtime pay under section 7453(e) of this title, or \nother applicable law, for officially ordered or approved service \nperformed in excess of--\n ``(I) eight hours on a day other than a day on which such \n nurse's regularly scheduled 12-hour tour falls;\n ``(II) 12 hours for any day included in the regularly \n scheduled 36-hour tour of duty; and\n ``(III) 40 hours during an administrative workweek.\n ``(ii) Except as provided in clause (i), a registered nurse to whom \nthis subsection is applicable is not entitled to additional pay under \nsection 7453 of this title, or other applicable law, for any period \nincluded in a regularly scheduled 12-hour tour of duty.\n ``(3) A nurse who works a 36\/40 work schedule described in this \nsubsection who is absent on approved sick leave or annual leave during \na regularly scheduled 12-hour tour of duty shall be charged for such \nleave at a rate of ten hours of leave for nine hours of absence.\n ``(c) 7\/7 Work Schedule--(1) Subject to paragraph (2), if the \nSecretary determines it to be necessary in order to obtain or retain \nthe services of registered nurses at a Department health-care facility, \nthe Secretary may provide, in the case of registered nurses employed at \nsuch facility, that such a nurse who works seven regularly scheduled \n10-hour tours of duty, with seven days off duty, within a two-week pay \nperiod, shall be considered for all purposes (except computation of \nfull-time equivalent employees for the purposes of determining \ncompliance with personnel ceilings) to have worked a full 80 hours for \nthe pay period. Such a schedule may be referred to as a `7\/7 work \nschedule'.\n ``(2)(A) Basic and additional pay for a registered nurse who is \nconsidered under paragraph (1) to have worked a full 80-hour pay period \nis subject to subparagraphs (B) and (C).\n ``(B) The hourly rate of basic pay for such a nurse for service \nperformed as part of a regularly scheduled 70-hour tour of duty within \nthe pay period shall be derived by dividing the nurse's annual rate of \nbasic pay by 1,820.\n ``(C)(i) Such a nurse who performs a period of service in excess of \nsuch nurse's regularly scheduled 70-hour tour of duty within a pay \nperiod is entitled to overtime pay under section 7453(e) of this title, \nor other applicable law, for officially ordered or approved service \nperformed in excess of--\n ``(I) eight hours on a day other than a day on which such \n nurse's regularly scheduled 10-hour tour falls;\n ``(II) 10 hours for any day included in the regularly \n scheduled 70-hour tour of duty; and\n ``(III) 80 hours during a pay period.\n ``(ii) Except as provided in subparagraph (i), a registered nurse \nto whom this subsection is applicable is not entitled to additional pay \nunder section 7453 of this title, or other applicable law, for any \nperiod included in a regularly scheduled 10-hour tour of duty.\n ``(3) A nurse who works a 7\/7 work schedule described in this \nsubsection who is absent on approved sick leave or annual leave during \na regularly scheduled 12-hour tour of duty shall be charged for such \nleave at a rate of eight hours of leave for seven hours of absence.\n ``(d) 9-Month Work Schedule.--The Secretary may authorize a \nregistered nurse appointed under section 7405 of this title, with the \nnurse's written consent, to work full-time for nine months with three \nmonths off duty, within a fiscal year, and be paid at 75 percent of the \nfull-time rate for such nurse's grade for each pay period of that \nfiscal year. A nurse working on such a schedule for any fiscal year \nshall be considered a \\3\/4\\ full-time equivalent employee for that \nfiscal year in computing full-time equivalent employees for the \npurposes of determining compliance with personnel ceilings. Service on \nsuch a schedule shall be considered to be part-time service for \npurposes of computing benefits under chapters 83 and 84 of title 5.\n ``(e) Regulations.--The Secretary shall prescribe regulations for \nthe implementation of this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 74 of such title is amended by inserting after the item \nrelating to section 7456 the following new item:\n\n``7456a. Alternate work schedules.''.\n\nSEC. 4. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID POSITIONS IN \n VETERANS HEALTH ADMINISTRATION.\n\n Section 7401(3) of title 38, United States Code, is amended--\n (1) by striking ``and dental technologists'' and inserting \n ``technologists, dental hygienists, dental assistants''; and\n (2) by striking ``technicians, therapeutic radiologic \n technicians, and social workers'' and inserting \n ``technologists, therapeutic radiologic technologists, social \n workers, blind rehabilitation specialists, and blind \n rehabilitation outpatient specialists''.\n\nSEC. 5. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS \n HOMES.\n\n (a) In General.--(1) Chapter 17 of title 38, United States Code, is \namended by inserting after section 1743 the following new section:\n``Sec. 1744. Hiring and retention of nurses: payments to assist States\n ``(a) Payment Program.--The Secretary shall make payments to States \nunder this section for the purpose of assisting State homes in the \nhiring and retention of nurses and the reduction of nursing shortages \nat State homes.\n ``(b) Eligible Recipients.--Payments to a State for a fiscal year \nunder this section shall, subject to submission of an application, be \nmade to any State that during that year--\n ``(1) receives per diem payments under this subchapter for \n that fiscal year; and\n ``(2) has in effect an employee incentive scholarship \n program or other employee incentive program at a State home \n designed to promote the hiring and retention of nursing staff \n and to reduce nursing shortages at that home.\n ``(c) Use of Funds Received.--A State may use an amount received \nunder this section only to provide funds for a program described in \nsubsection (b)(2). Any program shall meet such criteria as the \nSecretary may prescribe. In prescribing such criteria, the Secretary \nshall take into consideration the need for flexibility and innovation.\n ``(d) Limitations on Amount of Payment.--(1) A payment under this \nsection may not be used to provide more than 50 percent of the costs \nfor a fiscal year of the employee incentive scholarship or other \nincentive program for which the payment is made.\n ``(2) The amount of the payment to a State under this section for \nany fiscal year is, for each State home in that State with a program \ndescribed in subsection (b)(2), the amount equal to 2 percent of the \namount of payments estimated to be made to that State, for that State \nhome, under section 1741 of this title for that fiscal year.\n ``(e) Applications.--A payment under this section for any fiscal \nyear with respect to any State home may only be made based upon an \napplication submitted by the State seeking the payment with respect to \nthat State home. Any such application shall describe the nursing \nshortage at the State home and the employee incentive scholarship \nprogram or other incentive program described in subsection (c) for \nwhich the payment is sought.\n ``(f) Source of Funds.--Payments under this section shall be made \nfrom funds available for other payments under this subchapter.\n ``(g) Disbursement.--Payments under this section to a State home \nshall be made as part of the disbursement of payments under section \n1741 of this title with respect to that State home.\n ``(h) Use of Certain Receipts.--The Secretary shall require as a \ncondition of any payment under this section that, in any case in which \nthe State home receives a refund payment made by an employee in breach \nof the terms of an agreement for employee assistance that used funds \nprovided under this section, the payment shall be returned to the State \nhome's incentive program account and credited as a non-Federal funding \nsource.\n ``(i) Annual Report From Payment Recipients.--Any State home \nreceiving a payment under this section for any fiscal year, shall, as a \ncondition of the payment, be required to agree to provide to the \nSecretary a report setting forth in detail the use of funds received \nthrough the payment, including a descriptive analysis of how effective \nthe incentive program has been on nurse staffing in the State home \nduring that fiscal year. The report for any fiscal year shall be \nprovided to the Secretary within 60 days of the close of the fiscal \nyear and shall be subject to audit by the Secretary. Eligibility for a \npayment under this section for any later fiscal year is contingent upon \nthe receipt by the Secretary of the annual report under this subsection \nfor the previous year in accordance with this subsection.\n ``(j) Regulations.--The Secretary shall prescribe regulations to \ncarry out this section. The regulations shall include the establishment \nof criteria for the award of payments under this section.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after section 1743 the following new item:\n\n``1744. Hiring and retention of nurses: payments to assist States.''.\n (b) Implementation.--The Secretary of Veterans Affairs shall \nimplement section 1744 of title 38, United States Code, as added by \nsubsection (a), as expeditiously as possible. The Secretary shall \nestablish such interim procedures as necessary so as to ensure that \npayments are made to eligible States under that section commencing not \nlater than January 1, 2005, notwithstanding that regulations under \nsubsection (j) of that section may not have become final.\n\nSEC. 6. TECHNICAL CLARIFICATION.\n\n Section 8111(d)(2) of title 38, United States Code, is amended by \ninserting before the period at the end of the last sentence the \nfollowing: ``and shall be available for any purpose authorized by this \nsection''.\n\nSEC. 7. UNDER SECRETARY FOR HEALTH.\n\n Section 305(a)(2) of title 38, United States Code, is amended--\n (1) in the matter preceding subparagraph (A), by striking \n ``shall be a doctor of medicine and''; and\n (2) in subparagraph (A), by striking ``and in health-care'' \n and inserting ``or in health-care''.\n\n Passed the House of Representatives September 30, 2004.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 - Directs the Secretary of Veterans Affairs to designate a health care service region, or section within such a region, in which health care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses, and to conduct a pilot program in such region or section on the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for such positions. Requires the Secretary, as part of the pilot program, to: (1) identify and use private-sector nurse recruitment practices that have proven effective. And (2) revise procedures and systems to reduce the length of the hiring process. Requires a report from the Secretary to the congressional veterans' committees on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department health-care facilities. Authorizes the Secretary, with respect to appointed nurses, to provide: (1) a three 12-hour day work schedule, with authorized overtime after a 36-hour workweek. (2) a seven day, 10-hour work schedule for each two-week period, with authorized overtime after working 80 hours within such period. And (3) a nine-month work period with three months off, with such nurses paid at 75 percent of the full-time rate. Includes dental hygienists, dental assistants, and blind rehabilitation specialists within those positions which the Secretary is authorized to make appointments. Authorizes the Secretary to make payments to States to assist State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. Limits payment amounts. Requires, from each State home receiving such assistance, an annual report to the Secretary on the use of such funds. Removes the requirement that the Department's Under Secretary for Health be a doctor of medicine.","title":"To provide for a pilot program in the Department of Veterans Affairs to improve recruitment and retention of nurses, and for other purposes.","text_len":15259,"sum_len":1939} {"bill_id":"112_hr2437","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Academic, Social, and Emotional \nLearning Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) To succeed in school, students need to be engaged. They \n need to know how to maintain focus and effort in the face of \n setbacks, work effectively with others, and be good \n communicators and problem-solvers.\n (2) Social and emotional skills form a foundation for young \n people's success not just in school, but as healthy and caring \n adults, productive workers, and engaged citizens.\n (3) Not only can these skills be taught, they can be taught \n by regular classroom teachers in schools of every type to \n students of every background.\n (4) Academic outcomes resulting from social and emotional \n learning include greater motivation to learn and commitment to \n school, increased time devoted to schoolwork and mastery of \n subject matter, improved attendance, graduation rates, grades, \n and test scores.\n (5) These positive outcomes increase in students who are \n involved in social and emotional learning programming by an \n average of 11 percentile points over students who are not \n involved in such programming.\n (6) Social and emotional learning programming also results \n in reduced problem behavior, improved health outcomes, a lower \n rate of violent delinquency, and a lower rate of heavy alcohol \n use.\n\nSEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT.\n\n (a) Teacher and Principal Training and Recruiting Fund.--Part A of \ntitle II of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6601 et seq.) is amended--\n (1) in section 2113(c)(2)--\n (A) by striking ``and'' at the end of subparagraph \n (A);\n (B) by striking the period at the end of \n subparagraph (B) and insert ``; and''; and\n (C) by adding at the end the following:\n ``(C) train teachers and principals in practices \n that have demonstrated effectiveness in improving \n student achievement, attainment, and behavior through \n addressing the social and emotional development needs \n of students, such as through social and emotional \n learning programming.''; and\n (2) in section 2123(a)(3)(B)(iii)--\n (A) by striking ``and'' at the end of (I);\n (B) by redesignating subclause (II) as subclause \n (III); and\n (C) by inserting after subclause (I) the following:\n ``(II) addressing the social and \n emotional development needs of students \n to improve student achievement and \n attainment, such as through social and \n emotional learning programming; and''.\n (b) Definitions.--Section 9101 of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 7801) is amended by adding at the end \nthe following:\n ``(44) Social and emotional learning.--The term `social and \n emotional learning' means the process through which children \n and adults acquire the knowledge, attitudes, and skills \n associated with the core areas of social and emotional \n competency, including--\n ``(A) self-awareness and self-management to achieve \n school and life success, such as identifying and \n recognizing strengths, needs, emotions, values and \n self-efficacy, impulse control and stress management, \n self-motivation and discipline, and goal setting and \n organizational skills;\n ``(B) social awareness and interpersonal skills to \n establish and maintain positive relationships, such as \n perspective taking and respect for others, \n communication, working cooperatively, negotiation, \n conflict management, and help seeking; and\n ``(C) decisionmaking skills and responsible \n behaviors in personal, academic and community contexts, \n such as situational analysis, problem solving, \n reflection and personal, and social and ethical \n responsibility.\n ``(45) Social and emotional learning programming.--The term \n `social and emotional learning programming' refers to classroom \n instruction and schoolwide activities and initiatives that--\n ``(A) integrate social and emotional learning into \n school curriculum;\n ``(B) provide systematic instruction whereby social \n and emotional skills are taught, modeled, practiced, \n and applied so that students use them as part of their \n daily behavior;\n ``(C) teach children to apply social and emotional \n skills to prevent specific problem behaviors such as \n substance use, violence, bullying, and school failure, \n and to promote positive behaviors in class, school, and \n community activities; and\n ``(D) establish safe and caring learning \n environments that foster student participation, \n engagement, and connection to learning and school.''.","summary":"Academic, Social, and Emotional Learning Act of 2011 - Amends title II of the Elementary and Secondary Education Act of 1965 to include teacher and principal training in practices that address the social and emotional development needs of students among the activities funded under the Teacher and Principal Training and Recruiting Fund program. Allows funded training to include training in classroom instruction and schoolwide initiatives that enable students to acquire the knowledge, attitudes, and skills most conducive to social and emotional competency.","title":"To support evidence-based social and emotional learning programming.","text_len":5745,"sum_len":560} {"bill_id":"110_hr4091","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Adoption Equality Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In 1997, Congress enacted the Adoption and Safe \n Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), \n clearly stating that a child's health and safety are paramount, \n and that each child deserves a permanent home.\n (2) The Adoption and Safe Families Act of 1997 provides \n incentives for adoptions, and for fiscal year 2005, States \n placed nearly 52,000 children from State care.\n (3) In 2003, the Adoption Promotion Act (Public Law 108-\n 145, 117 Stat. 1879), which reauthorized the incentive program, \n gave greater emphasis on moving older children into permanency.\n (4) Despite the increase in adoptions, in 2005, more than \n 115,000 children in foster care were waiting to be adopted.\n (5) Some States have chosen to limit services provided to \n special needs adopted children who are not eligible for \n adoption assistance under part E of title IV of the Social \n Security Act, in effect discriminating against a child whose \n parental rights have been terminated by basing the child's \n eligibility for such assistance on the financial status of \n adults who are no longer the child's legal parents.\n (6) These children have many special needs and require \n Federal financial assistance and support to start the physical \n and emotional healing after what may have been past years of \n abuse and neglect.\n\nSEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.\n\n (a) In General.--Section 473(a)(2) of the Social Security Act (42 \nU.S.C. 673(a)(2)) is amended to read as follows:\n ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the \nrequirements of this paragraph if the child--\n ``(i)(I) at the time of termination of parental rights, was \n in the care of a public or licensed private child placement \n agency or Indian tribal organization pursuant to a voluntary \n placement agreement, relinquishment, or involuntary removal of \n the child from the home, and the State has determined, pursuant \n to criteria established by the State, that continuation in the \n home would be contrary to the safety or welfare of the child;\n ``(II) meets all medical or disability requirements of \n title XVI with respect to eligibility for supplemental security \n income benefits; or\n ``(III) was residing in a foster family home or child care \n institution with a minor parent of the child pursuant to a \n voluntary placement agreement, relinquishment, or involuntary \n removal of the child from the home, and the State has \n determined, pursuant to criteria established by the State, that \n continuation in the home would be contrary to the safety or \n welfare of the child; and\n ``(ii) has been determined by the State, pursuant to \n subsection (c), to be a child with special needs, which needs \n shall be considered by the State, together with the \n circumstances of the adopting parents, in determining the \n amount of any payments to be made to the adoptive parents.\n ``(B) Notwithstanding any other provision of law, and except as \nprovided in paragraph (7), a child who is not a citizen or resident of \nthe United States, who is lawfully present in the United States, and \nwho meets the requirements of subparagraph (A) shall be treated as \nmeeting the requirements of this paragraph for purposes of paragraph \n(1)(B)(ii).\n ``(C) A child who meets the requirements of subparagraph (A) of \nthis paragraph, who was determined eligible for adoption assistance \npayments under this part with respect to a prior adoption (or who would \nhave been determined eligible for such payments had the Adoption and \nSafe Families Act of 1997 been in effect at the time that such \ndetermination would have been made), and who is available for adoption \nbecause the prior adoption has been dissolved and the parental rights \nof the adoptive parents have been terminated, or because the child's \nadoptive parents have died, shall be treated as meeting the \nrequirements of this paragraph for purposes of paragraph (1)(B)(ii).''.\n (b) Exception.--Section 473(a) of such Act (42 U.S.C. 673(a)) is \namended by adding at the end the following:\n ``(7)(A) Notwithstanding any other provision of this subsection, a \nState shall not make a payment pursuant to this section to parents with \nrespect to a child considered by a State to be a special needs child if \nthe child--\n ``(i) is not a citizen or resident of the United States; \n and\n ``(ii) was adopted outside of the United States or was \n brought into the United States for the purpose of being \n adopted.\n ``(B) Subparagraph (A) shall not be construed as prohibiting \npayments under this part for a child described in subparagraph (A) that \nis placed in foster care subsequent to the failure, as determined by \nthe State, of the initial adoption of the child by the parents \ndescribed in such subparagraph.''.\n (c) Determination of a Child With Special Needs.--Section 473(c)(1) \nof such Act (42 U.S.C. 673(c)(1)) is amended to read as follows:\n ``(1)(A) the State has determined, pursuant to criteria \n established by the State, that the child cannot or should not \n be returned to the home of his or her parents; or\n ``(B) the child meets all medical or disability \n requirements of title XVI with respect to eligibility for \n supplemental security income benefits; and''.\n\nSEC. 4. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that the States should reinvest in \nchild welfare programs any savings resulting from the implementation of \nthe amendments made by this Act.\n\nSEC. 5. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this Act shall take effect on October 1, 2008, and \nshall apply with respect to adoption assistance agreements entered \ninto, and to payments under part E of title IV of the Social Security \nAct for calendar quarters beginning, on or after such date, without \nregard to whether regulations to implement the amendments are \npromulgated by such date.\n (b) Delay Permitted if State Legislation Required.--If the \nSecretary of Health and Human Services determines that State \nlegislation (other than legislation appropriating funds) is required in \norder for a State plan approved under part E of title IV of the Social \nSecurity Act to meet the additional requirements imposed by the \namendments made by this Act, the plan shall not be regarded as failing \nto meet any of the additional requirements before the 1st day of the \n1st calendar quarter beginning after the first regular session of the \nState legislature that begins after the date of the enactment of this \nAct. If the State has a 2-year legislative session, each year of the \nsession is deemed to be a separate regular session of the State \nlegislature.","summary":"Adoption Equality Act of 2007 - Amends part E of title IV of the Social Security Act to revise requirements for children with special needs in the adoption assistance program. Requires that the child be in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, where the state has determined that continuation in the home would be contrary to the child's safety or welfare. Specifies related requirements. Prohibits adoption assistance to parents with respect to a child who is not a US citizen or resident, and who was adopted outside of the United States or brought into the United States for the purposes of being adopted. Expresses the sense of the Congress that the states should reinvest in child welfare programs any savings resulting from the implementation of this Act.","title":"To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.","text_len":7308,"sum_len":929} {"bill_id":"113_hr1322","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Customs Training Enhancement Act''.\n\nSEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND \n BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE \n IMPORTED ARTICLES.\n\n (a) Educational Seminars.--\n (1) In general.--The Commissioner shall establish and carry \n out educational seminars at United States ports of entry to \n improve the ability of U.S. Customs and Border Protection \n personnel to classify and appraise articles imported into the \n United States in accordance with the customs laws of the United \n States, including to improve the ability of U.S. Customs and \n Border Protection personnel to identify and prevent the \n mislabeling and transshipment of articles.\n (2) Number and exception.--The Commissioner shall establish \n and carry out not less than 15 educational seminars each year \n under paragraph (1). The Commissioner may establish and carry \n out fewer than 15 seminars each year under paragraph (1) if the \n Commissioner determines and notifies Congress that it is \n appropriate to do so.\n (b) Content.--\n (1) In general.--The Commissioner and interested parties \n selected under subsection (d) should provide instruction and \n related instructional materials at each educational seminar to \n U.S. Customs and Border Protection personnel and, as \n appropriate, U.S. Immigration and Customs Enforcement personnel \n on the following:\n (A) Conducting a physical inspection of an article \n imported into the United States, including testing of \n samples of the article, to determine if the article is \n mislabeled in the manifest or other accompanying \n documentation.\n (B) Reviewing the manifest and other accompanying \n documentation of an article imported into the United \n States to determine if--\n (i) the country of origin of the article \n listed in the manifest or other accompanying \n documentation is accurate; and\n (ii) the industry supply chain represented \n in the manifest or other accompanying \n documentation is accurate.\n (C) Other related matters as determined to be \n appropriate by the Commissioner.\n (2) Approval of commissioner.--The instruction and related \n instructional materials at each educational seminar shall be \n subject to the approval of the Commissioner.\n (c) Costs and Expenses.--The Commissioner shall pay the costs to \nestablish and carry out each educational seminar and shall pay expenses \nfor U.S. Customs and Border Protection personnel, U.S. Immigration and \nCustoms Enforcement personnel, and interested parties to provide \ninstruction in or receive training at the seminar.\n (d) Selection Process.--\n (1) In general.--The Commissioner shall establish a process \n to solicit, evaluate, and select interested parties for \n purposes of assisting in providing instruction in the \n educational seminars under this section.\n (2) Criteria.--The Commissioner shall, in consultation with \n the United States International Trade Commission, evaluate and \n select interested parties under the process established under \n paragraph (1) based on--\n (A) availability and usefulness;\n (B) the volume, value, and incidence of mislabeling \n of an imported article that relates to a comparable \n domestic product of the interested party; and\n (C) other appropriate criteria established by the \n Commissioner.\n (3) Public availability.--The Commissioner shall publish in \n the Federal Register a detailed description of the process \n established under paragraph (1) and the criteria established \n under paragraph (2).\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commissioner.--The term ``Commissioner'' means the \n Commissioner responsible for U.S. Customs and Border \n Protection.\n (2) Comparable domestic product.--The term ``comparable \n domestic product'' means a product which is comparable in \n characteristics and uses with an article imported into the \n United States and which is covered by an educational seminar \n under this Act.\n (3) Customs laws of the united states.--The term ``customs \n laws of the United States'' means any law or regulation \n enforced or administered by U.S. Customs and Border Protection.\n (4) Interested party.--The term ``interested party'' \n means--\n (A) a manufacturer, producer, or wholesaler in the \n United States of a comparable domestic product;\n (B) a certified union or recognized union or group \n of workers which is representative of an industry \n engaged in the manufacture, production, or wholesale in \n the United States of a comparable domestic product;\n (C) a trade or business association a majority of \n whose members manufacture, produce, or wholesale a \n comparable domestic product in the United States; or\n (D) an association, a majority of whose members is \n composed of interested parties described in \n subparagraph (A), (B), or (C) with respect to a \n comparable domestic product.\n (5) United states.--The term ``United States'' means the \n customs territory of the United States, as defined in General \n Note 2 to the Harmonized Tariff Schedule of the United States.\n (6) U.S. customs and border protection personnel.--The term \n ``U.S. Customs and Border Protection personnel'' means Import \n Specialists and other appropriate employees of U.S. Customs and \n Border Protection.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$3,000,000 for each of the fiscal years 2013 through 2017.","summary":"Customs Training Enhancement Act - Directs the Commissioner of the US Customs and Border Protection (CBP) to establish educational seminars at US ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with US customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles.","title":"Customs Training Enhancement Act","text_len":6529,"sum_len":402} {"bill_id":"109_hr359","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Liquefied Natural Gas Act of 2005''.\n\nSEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT \n TERMINALS.\n\n (a) Exportation or Importation of Natural Gas.--Section 3 of the \nNatural Gas Act (15 U.S.C. 717b) is amended to read as follows:\n\n ``exportation or importation of natural gas\n\n ``Sec. 3. (a) Authorization Order.--No person shall export any \nnatural gas from the United States to a foreign country or import any \nnatural gas from a foreign country without first having secured an \norder of the Secretary of Energy authorizing such person to do so. The \nSecretary shall issue such order upon application, unless, after \nopportunity for hearing, the Secretary finds that the proposed \nexportation or importation will not be consistent with the public \ninterest. The Secretary may by order grant such application, in whole \nor in part, with such modification and upon such terms and conditions \nas the Secretary may find necessary or appropriate, and may from time \nto time, after opportunity for hearing, and for good cause shown, make \nsuch supplemental order as the Secretary may find necessary or \nappropriate.\n ``(b) Free Trade Agreements and Liquefied Natural Gas.--With \nrespect to natural gas which is imported into the United States from a \nnation with which there is in effect a free trade agreement requiring \nnational treatment for trade in natural gas, and with respect to \nliquefied natural gas--\n ``(1) the importation of such natural gas shall be treated \n as a `first sale' within the meaning of section 2(21) of the \n Natural Gas Policy Act of 1978; and\n ``(2) the Secretary of Energy shall not, on the basis of \n national origin, treat any such imported natural gas on an \n unjust, unreasonable, unduly discriminatory, or preferential \n basis.\n ``(c) Application and Approval Process.--For purposes of subsection \n(a), the importation of the natural gas referred to in subsection (b), \nor the exportation of natural gas to a nation with which there is in \neffect a free trade agreement requiring national treatment for trade in \nnatural gas, shall be deemed to be consistent with the public interest, \nand applications for such importation or exportation shall be granted \nwithout modification or delay.\n ``(d) Authorization for Liquefied Natural Gas Import Terminals.--\n(1) No person shall site, construct, expand, or operate a liquefied \nnatural gas import terminal without first having secured an order of \nthe Federal Energy Regulatory Commission authorizing such person to do \nso. The Federal Energy Regulatory Commission shall issue such order \nupon application, unless, after opportunity for hearing, it finds that \nthe proposed siting, construction, expansion, or operation will not be \nconsistent with the public interest. The Federal Energy Regulatory \nCommission may by its order grant such application, in whole or in \npart, with such modification and upon such terms and conditions as the \nFederal Energy Regulatory Commission may find necessary or appropriate.\n ``(2) An order issued pursuant to paragraph (1) shall not be \nconditioned on--\n ``(A) a requirement that the liquefied natural gas import \n terminal offer service to persons other than the person \n securing the order;\n ``(B) any regulation of the liquefied natural gas import \n terminal's rates, charges, terms, or conditions of service; or\n ``(C) a requirement to file with the Federal Energy \n Regulatory Commission schedules or contracts related to the \n liquefied natural gas import terminal's rates, charges, terms, \n or conditions of service.\n ``(3) Except as otherwise provided by Federal law, no State or \nlocal government may require a permit, license, concurrence, approval, \ncertificate, or other form of authorization with respect to the siting, \nconstruction, expansion, or operation of a liquefied natural gas import \nterminal.\n ``(4) Any decision made or action taken by a Federal administrative \nagency or officer (or State administrative agency or officer acting \nunder delegated Federal authority) with respect to the siting, \nconstruction, expansion, or operation of a liquefied natural gas import \nterminal must be consistent with any authorization provided by the \nFederal Energy Regulatory Commission pursuant to this subsection with \nrespect to the liquefied natural gas import terminal, and shall not \nprohibit or unreasonably delay the siting, construction, expansion, or \noperation.\n ``(5) Nothing in this subsection shall be construed to repeal or \nmodify the authority under this section to authorize a person to import \nor export natural gas or to authorize facilities for the import or \nexport of natural gas other than liquefied natural gas import \nterminals.\n ``(e) Schedule and Administrative Record.--(1) The Federal Energy \nRegulatory Commission shall approve or deny any application to site, \nconstruct, expand, or operate a liquefied natural gas import terminal \nunder subsection (d) not later than 1 year after the application is \ncomplete.\n ``(2) With respect to each application under subsection (d), the \nFederal Energy Regulatory Commission shall establish a schedule for all \nFederal and State administrative proceedings commenced under authority \nof Federal law, the completion of which is required before a person may \nsite, construct, expand, or operate the liquefied natural gas import \nterminal, in order to ensure expeditious progress toward such siting, \nconstruction, expansion, or operation. The schedule shall also include \nall Federal and State administrative proceedings authorized by Federal \nlaw for the siting, construction, expansion, and operation of natural \ngas pipelines and facilities related to the transportation of liquefied \nnatural gas or natural gas from the liquefied natural gas import \nterminal. In establishing the schedule, the Federal Energy Regulatory \nCommission shall, to the extent practicable, accommodate the applicable \nschedules established by Federal law for such proceedings. If a Federal \nor State administrative agency or officer fails to complete a \nproceeding in accordance with the schedule established by the Federal \nEnergy Regulatory Commission, the action of the Federal or State \nadministrative agency or officer that is required before a person may \nsite, construct, expand, or operate the liquefied natural gas import \nterminal shall be conclusively presumed and the siting, construction, \nexpansion, or operation shall proceed without condition.\n ``(3) With respect to the siting, construction, expansion, or \noperation of a liquefied natural gas import terminal, the Federal \nEnergy Regulatory Commission shall compile a single administrative \nrecord which shall consolidate the records of the proceedings referred \nto in paragraph (2).\n ``(4) Any Federal administrative proceeding that is an appeal or \nreview of a decision made or action taken by a Federal administrative \nagency or officer (or State administrative agency or officer acting \nunder delegated Federal authority) with respect to the siting, \nconstruction, expansion, or operation of a liquefied natural gas import \nterminal shall use as its exclusive record for all purposes the \nadministrative record compiled by the Federal Energy Regulatory \nCommission under paragraph (3).\n ``(f) Judicial Review.--(1) Except for review by the Supreme Court \nof the United States on writ of certiorari, the United States Court of \nAppeals for the District of Columbia Circuit shall have original and \nexclusive jurisdiction to hear and determine any civil action for \nreview of a decision made or action taken by a Federal administrative \nagency or officer (or State administrative agency or officer acting \nunder delegated Federal authority) with respect to the siting, \nconstruction, expansion, or operation of a liquefied natural gas import \nterminal. The civil action shall be filed not later than 60 days after \nthe decision or action described in this paragraph.\n ``(2) If a civil action referred to in paragraph (1) is filed, the \nFederal Energy Regulatory Commission shall file in the United States \nCourt of Appeals for the District of Columbia Circuit the single \nadministrative record compiled under subsection (e)(3) with respect to \nthe liquefied natural gas import terminal named in the civil action.\n ``(g) Lead Agency.--With respect to the siting, construction, \nexpansion, or operation of a liquefied natural gas import terminal, the \nFederal Energy Regulatory Commission shall be the lead Federal agency \nfor purposes of complying with the National Environmental Policy Act of \n1969 (42 U.S.C. 4321 et seq.).''.\n (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) \nis amended by adding at the end the following new paragraph:\n ``(11) `Liquefied natural gas import terminal' includes all \n facilities located onshore or in State waters that are used to \n receive, unload, store, transport, gasify, or process liquefied \n natural gas that is imported to the United States from a \n foreign country, but does not include the tankers used to \n deliver liquefied natural gas to such facilities.''.","summary":"Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.","title":"To require certain terms and conditions for the siting, construction, expansion, and operation of liquefied natural gas import terminals, and for other purposes.","text_len":9400,"sum_len":1135} {"bill_id":"108_hr4560","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Foreign Credit Reform Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Unsustainable debt in the world's poorest countries \n constitutes a serious impediment to the development of stable \n democratic political structures, broad-based economic growth, \n poverty eradication, and food security.\n (2) Financing should be appropriate for the purposes for \n which it is used and should, to the maximum extent possible, \n generate a return sufficient to pay the principal and interest \n due. As such, long-term lending for perishable goods, such as \n food commodities, may be construed as inappropriate to the \n extent that it places a long-term debt burden on the recipient \n country without generating sufficient revenues with which to \n service the debt.\n (3) Since 1955, the United States has extended more than \n $27,800,000,000 in loans for food under title I of the \n Agricultural Trade Development and Assistance Act of 1954 \n (commonly referred to as ``PL 480''), $10,632,858,000 of which \n remained outstanding at the end of 2002.\n (4) As of December 31, 2002, arrears on principal and \n interest payments under title I of PL 480 totaled \n $1,241,472,000.\n (5) Since 1992 the United States provided the independent \n states of the former Soviet Union with $1,601,500,000 in loans \n for food under title I of PL 480, for which these countries are \n estimated to have paid $112,748,000 in principal and interest \n in 2003. Russia alone has received $1,035,000,000 in credits, \n paying an estimated $79,695,000 in principal and interest in \n 2003.\n (6) Rising debt stocks and debt-to-export ratios may \n undermine a country's credit worthiness and jeopardize its \n ability to borrow from commercial lenders.\n (7) Debt reduction contributes marginally to a country's \n development prospects if new debt is allowed to create the next \n generation of heavy indebtedness. Therefore, President Bush's \n initiative, adopted by Group of Seven (G-7) leaders at the June \n 2002 summit, to increase World Bank grant assistance to the \n most heavily indebted poor countries is a crucial step toward \n alleviating poverty, curbing future unsustainable debt, and \n providing for urgent human needs in countries in which people \n live on less than one dollar a day. Replacing loans with \n targeted grants will eliminate the need for governments to \n repay long-term investments in people, especially for \n education, health, nutrition, water supply, and sanitation \n purposes.\n (8) The G-7 agreement at the June 2002 summit to fully fund \n the remaining costs of the enhanced Heavily Indebted Poor \n Country (HIPC) initiative is essential to ensuring that \n eligible debt-distressed nations receive full benefits under \n the HIPC debt relief measure.\n (9) The United States has been a leading voice for more \n than a decade in international debt reduction initiatives for \n poor countries, including a 1991 initiative to cancel \n $689,000,000 in food loans under title I of PL 480 owed by 15 \n sub-Saharan African countries.\n (10) The United States must continue its leadership role to \n encourage full participation by all Paris Club creditors in \n multilateral debt negotiations.\n (11) Several poor countries that are not eligible for \n enhanced HIPC debt reduction terms face a severe debt overhang \n that undermines increased resource allocation for development \n and discourages productive investment.\n (12) The World Bank, which has provided over $1,700,000,000 \n since 1986 to fight the spread of HIV\/AIDS, should continue to \n place the highest priority on programs to combat infectious \n diseases, including HIV\/AIDS, malaria, and tuberculosis.\n (13) Debt reduction is an important, but only partial \n solution to long-term development. Promoting an environment \n that will stimulate internal economic growth, promote trade and \n external investment, and encourage responsible governance are \n the most important ingredients for sustainable growth.\n\n TITLE I--MULTILATERAL DEBT RELIEF\n\nSEC. 101. SUPPORT FOR THE HIPC TRUST FUND.\n\n Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced \non October 24, 2000, and enacted into law by section 101(a) of Public \nLaw 106-429 (and contained in the appendix thereto) is amended by \nstriking ``2003, $435,000,000'' and inserting ``2006, such sums as may \nbe necessary''.\n\nSEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.\n\n The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further \namended by adding at the end the following:\n\n``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.\n\n ``(a) Negotiation of Agreement.--The Secretary of the Treasury \nshall seek to negotiate an agreement among the member countries of the \nBank and the Fund, under which, on approval by the Global Fund of a \ngrant proposal originating from an eligible country, the Bank and the \nFund shall make a contribution to the Global Fund in an amount equal to \nthe amount of the grant award for the year, except that the total \namount of the contributions so made with respect to the country during \na year shall not exceed the total amount of debt service payments made \nby the country to the Bank and the Fund during the year.\n ``(b) Definitions.--In this section:\n ``(1) Global fund.--The term `Global Fund' means the \n public-private partnership known as the Global Fund to Fight \n AIDS, Tuberculosis and Malaria that was established upon the \n call of the United Nations Secretary General in April 2001.\n ``(2) Eligible country.--The term `eligible country' means \n a country--\n ``(A) which has received debt relief under the \n Enhanced HIPC Initiative; and\n ``(B) in which the prevalence of HIV\/AIDS among \n individuals who have attained 15 years of age but have \n not attained 49 years of age is not less than 5 \n percent.\n ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC \n Initiative' means the multilateral debt initiative for heavily \n indebted poor countries presented in the Report of G-7 Finance \n Ministers on the Cologne Debt Initiative to the Cologne \n Economic Summit, Cologne, June 18-20, 1999.\n ``(4) HIV\/AIDS.--The term `HIV\/AIDS' means, with respect to \n an individual, an individual who is infected with HIV or living \n with AIDS.\n ``(5) HIV.--The term `HIV' means the human immunodeficiency \n virus, the pathogen that causes AIDS.\n ``(6) AIDS.--The term `AIDS' means the acquired immune \n deficiency syndrome.''.\n\n TITLE II--BILATERAL DEBT RELIEF\n\nSEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.\n\n Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on \nNovember 17, 1999, and enacted into law by section 1000(a)(5) of Public \nLaw 106-113 (and contained in Appendix E thereto), is amended by \nstriking ``2004'' and inserting ``2005''.\n\nSEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480.\n\n (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006, \nthe President is authorized and encouraged to use the authority of \nsection 411 of the Agricultural Trade Development and Assistance Act of \n1954 (7 U.S.C. 1736e) to waive payments of principal and interest that \na country described in subsection (b) would otherwise be required to \nmake to the Commodity Credit Corporation under dollar sales agreements \nunder title I of such Act (7 U.S.C. 1701 et seq.).\n (b) Country Described.--A country referred to in subsection (a) is \na country--\n (1) which has outstanding public and publicly guaranteed \n debt, the net present value of which on December 31, 2003, was \n at least 150 percent of the value of exports of the country in \n 2003; or\n (2) whose debt service payments on public and publicly \n guaranteed debt exceeded 8 percent of the value of its exports \n in 2003.\n (c) Applicable Provisions.--Except to the extent inconsistent with \nthe provisions of this section, section 411 of the Agricultural Trade \nDevelopment and Assistance Act of 1954 (7 U.S.C. 1736e) (except \nsubsection (e) of such section) shall apply with respect to the \nauthority to waive payments of principal and interest under this \nsection to the same extent and in the same manner as such section \napplies to the authority to waive payments of principal and interest \nunder section 411 of such Act.\n (d) Authorization of Appropriations.--For the cost (as defined in \nsection 502 of the Federal Credit Reform Act of 1990) for the reduction \nor cancellation of any debt pursuant to this section, there are \nauthorized to be appropriated to the President for each of the fiscal \nyears 2005 and 2006 such sums as may be necessary.\n\nSEC. 203. MISCELLANEOUS AMENDMENTS.\n\n (a) Financing Assistance Under Title I of Public Law 480.--Section \n101(b) of the Agricultural Trade Development and Assistance Act of 1954 \n(7 U.S.C. 1701(b)) is amended--\n (1) by striking ``To carry out the policies'' and inserting \n the following:\n ``(1) In general.--To carry out the policies'';\n (2) by striking ``developing countries'' and inserting \n ``developing countries described in paragraph (2)''; and\n (3) by adding at the end the following:\n ``(2) Developing country described.--A developing country \n referred to in paragraph (1) is a developing country that meets \n the following requirements:\n ``(A) The country is not prohibited from receiving \n assistance under the Foreign Assistance Act of 1961 by \n reason of the application of section 620(q) of such Act \n and irrespective of whether or not the President has \n determined that assistance to the country is in the \n national interest of the United States.\n ``(B) The country is not in default, during a \n period in excess of six calendar months, in payment to \n the United States of principal or interest on any loan \n made to such country under this title or under any \n other provision of law.\n ``(C) The country is not a low-income country or \n lower-middle income country, as defined by the \n International Bank for Reconstruction and Development \n in its World Development Indicators Report (issued in \n April 2004 and updated annually).\n ``(D) The country is not a severely-indebted \n country or moderately-indebted country as defined by \n the International Bank for Reconstruction and \n Development in its World Development Indicators Report \n (issued in April 2004 and updated annually).''.\n (b) Economic Assistance Under the Foreign Assistance Act of 1961.--\nSection 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2370(q)) is amended--\n (1) by inserting after ``under this Act'' the second place \n it appears the following: ``or under title I of the \n Agricultural Trade Development and Assistance Act of 1954 (7 \n U.S.C. 1701 et seq.)''; and\n (2) by adding at the end the following: ``A determination \n by the President under the preceding sentence that assistance \n to a country is in the national interest of the United States \n shall be effective for a period not to exceed one calendar \n year.''.","summary":"Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the US contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund. Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define developing country for purposes of title I assistance.","title":"To provide multilateral and bilateral debt relief for developing countries, and for other purposes.","text_len":12313,"sum_len":869} {"bill_id":"109_s2608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Partners in \nReconstruction Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the terms ``Administration'' and ``Administrator'' mean \n the Small Business Administration and the Administrator \n thereof, respectively;\n (2) the term ``small business concern'' has the same \n meaning as in section 3 of the Small Business Act (15 U.S.C. \n 632); and\n (3) the term ``small business concern owned and controlled \n by socially and economically disadvantaged individuals'' has \n the same meaning as in section 8 of the Small Business Act (15 \n U.S.C. 637).\n\nSEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE \n GUIDANCE.\n\n Section 5 of the Small Business Act (15 U.S.C. 634) is amended by \nadding at the end the following:\n ``(i) Small Business Emergency Procurement Flexibilities; \nGovernment-Wide Guidance.--\n ``(1) Definition.--In this subsection, the term \n `Guidelines' means the guidelines entitled `Emergency \n Procurement Flexibilities (A Framework for Responsive \n Contracting & Guidelines for Using Simplified Acquisition \n Procedures)' issued by the Office of Federal Procurement Policy \n of the Office of Management and Budget on May 30, 2003, or any \n successor thereto.\n ``(2) Office of federal procurement policy.--In order to \n enable the Federal Government to purchase goods and service \n quickly and efficiently in times of disaster, contingency, or \n other emergency, while promoting small business concern \n utilization, the Administrator for Federal Procurement Policy \n shall--\n ``(A) ensure that the Guidelines continue to \n strongly encourage that the Federal Government utilize \n the small business procurement flexibilities in this \n Act;\n ``(B) ensure that the Guidelines fully address all \n available small business procurement flexibilities \n (including flexibilities authorized for small business \n concerns owned and controlled by socially and \n economically disadvantaged individuals under section \n 8(a), HUBZone small business concerns, and small \n business concerns owned and controlled by service-\n disabled veterans);\n ``(C) periodically revise, update, or modify the \n Guidelines;\n ``(D) publish the Guidelines, as updated to comply \n with this paragraph, in the Federal Register; and\n ``(E) consult with the Administrator on any changes \n to the Guidelines.\n ``(3) Administration.--The Administrator shall, with regard \n to the Guidelines--\n ``(A) develop and conduct ongoing government-wide \n training on small business emergency procurement \n flexibilities (including flexibilities authorized for \n small business concerns owned and controlled by \n socially and economically disadvantaged individuals \n under section 8(a), HUBZone small business concerns, \n and small business concerns owned and controlled by \n service-disabled veterans); and\n ``(B) designate not fewer than 1 official to \n provide advice and assistance to the Office of Federal \n Procurement Policy and other Federal agencies on the \n use of small business procurement flexibilities in \n times of disaster, contingency, or other emergency.''.\n\nSEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS.\n\n Not later than 30 days after the date of enactment of this Act, the \nAdministrator shall ensure that all eligible small business concerns \nreceive the full benefit of reciprocity in certifications between \nFederal and Federally-funded contracting programs for small business \nconcerns owned and controlled by socially and economically \ndisadvantaged individuals.\n\nSEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA.\n\n Not later than 30 days after the date of enactment of this Act, the \nAdministrator for Federal Procurement Policy and the Administrator \nshall ensure that the Federal Procurement Data System contains \ncomprehensive Government-wide data on small business participation in \ncontracting related to Hurricane Katrina of 2005 or Hurricane Rita of \n2005.\n\nSEC. 6. DISASTER AREA HUBZONES.\n\n Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is \namended--\n (1) in subparagraph (D), by striking ``or'';\n (2) in subparagraph (E), by striking the period and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(F) any area affected by Hurricane Katrina of \n 2005 or Hurricane Rita of 2005, for such time or in \n such geographic area as designated by the \n Administrator.''.\n\nSEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES.\n\n (a) In General.--Not later than 90 days after the date of enactment \nof this Act, the Administrator shall establish a contracting outreach \nand technical assistance program for small business concerns that--\n (1) had a primary place of business, or other significant \n presence, in the area affected by Hurricane Katrina of 2005 or \n Hurricane Rita of 2005, as designated by the Administrator \n under section 7(b)(2) of the Small Business Act, beginning on \n the date that is 60 days before the date of that designation by \n the Administrator; or\n (2) have a primary place of business, or other significant \n presence, in the area affected by Hurricane Katrina of 2005 or \n Hurricane Rita of 2005, as designated by the Administrator \n under section 7(b)(2) of the Small Business Act, during the \n period beginning on the date of that designation and ending on \n the date that is 5 years after the date of that designation.\n (b) Administrator Action.--The Administrator may fulfill the \nrequirement of subsection (a) by acting through--\n (1) the Administration;\n (2) the Federal agency small business officials designated \n under section 15(k)(1) of the Small Business Act (15 U.S.C. \n 644(k)(1)); and\n (3) any Federal, State, or local government entity, higher \n education institution, Procurement Technical Assistance Center, \n or private nonprofit organization that the Administrator \n determines is proper, upon conclusion of a memorandum of \n understanding or assistance agreement, as appropriate, with the \n Administrator.\n\nSEC. 8. SMALL BUSINESS BONDING THRESHOLD.\n\n (a) In General.--Except as provided in subsection (b), and \nnotwithstanding any other provision of law, for any procurement related \nto Hurricane Katrina of 2005 or Hurricane Rita of 2005, the \nAdministrator may, upon such terms and conditions as the Administrator \nmay prescribe, guarantee and enter into commitments to guarantee any \nsurety against loss resulting from a breach of the terms of a bid bond, \npayment bond, performance bond, or bonds ancillary thereto, by a \nprincipal on any total work order or contract amount at the time of \nbond execution that does not exceed $5,000,000.\n (b) Increase of Amount.--Upon request of the head of any Federal \nagency other than the Administration involved in reconstruction efforts \nin response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the \nAdministrator may guarantee and enter into a commitment to guarantee \nany security against loss under subsection (a) on any total work order \nor contract amount at the time of bond execution that does not exceed \n$10,000,000.\n\nSEC. 9. FAIR SMALL BUSINESS PARTICIPATION.\n\n In order to facilitate the maximum practicable participation of \nsmall business concerns in activities related to relief and recovery \nfrom Hurricane Katrina of 2005 and Hurricane Rita of 2005, the \nAdministrator and the head of any Federal agency making procurements \nrelated to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita \nof 2005, shall set a goal of awarding to small business concerns not \nless than 30 percent of amounts expended for prime contracts and not \nless than 40 percent of amounts expended for subcontracts on \nprocurements by such agency related to the aftermath of Hurricane \nKatrina of 2005 or Hurricane Rita of 2005, respectively.\n\nSEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION.\n\n Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is \namended by adding at the end the following:\n ``(4) For any contracts involving the use of the special emergency \nprocurement authority under section 32A(c) of the Office of Federal \nProcurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the \nsmall business reservation established in paragraph (1) shall be \nadjusted to match the applicable amount of the simplified acquisition \nthreshold.''.\n\nSEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS.\n\n (a) In General.--The Administrator and the Administrator for \nFederal Procurement Policy shall ensure that the Federal Government \nestablishes and maintains multiple-award contracts with small business \nconcerns of all categories on a nationwide and regional basis for the \npurpose of conducting or supporting Federal disaster recovery efforts.\n (b) Report.--At the end of each fiscal year, the Administrator and \nthe Administrator for Federal Procurement Policy shall submit to \nCommittee on Small Business and Entrepreneurship of the Senate and the \nCommittee on Small Business of the House of Representatives a report \ndescribing the terms, conditions, and status of the contracts described \nin subsection (a) awarded during the preceding fiscal year.\n\nSEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING.\n\n The Administrator and the head of each executive agency awarding \nrecovery and reconstruction contracts related to Hurricane Katrina of \n2005 or Hurricane Rita of 2005 shall ensure that each such contract for \nwhich a small business subcontracting plan is required by law or \ncontract terms contains a clause requiring the posting of \nsubcontracting opportunities on the SUB-Net database established by the \nAdministration under section 8(e) of the Small Business Act (15 U.S.C. \n637(e)), or any successor thereto.\n\nSEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING.\n\n Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. \n637(d)(4)(D)) is amended--\n (1) by striking ``(D) No contract'' and inserting the \n following:\n ``(D) Small business participation.--\n ``(i) In general.--No contract''; and\n (2) by adding at the end the following:\n ``(ii) Emergency procurements.--\n ``(I) In general.--For any contract \n which otherwise meets the requirements \n of this subsection, and which involves \n the use of special emergency \n procurement authority under section \n 32A(c) of the Office of Federal \n Procurement Policy Act (41 U.S.C. \n 428a(c)), the subcontracting plan \n required under this subsection shall be \n negotiated as soon as is practicable, \n but not later than 30 days after the \n date on which the contract is awarded.\n ``(II) Payment.--Not greater than \n 50 percent of the amounts due under any \n contract described in subclause (I) may \n be paid, unless a subcontracting plan \n compliant with this subsection is \n negotiated by the contractor.''.\n\nSEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES.\n\n Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is \namended--\n (1) by striking ``(d) For purposes'' and inserting the \n following:\n ``(d) Contracting Priorities.--\n ``(1) In general.--For purposes''; and\n (2) by adding at the end the following:\n ``(2) Disaster contracting priority in general.--The \n Administrator shall designate any disaster area as an area of \n concentrated unemployment or underemployment, or a labor \n surplus area for purposes of paragraph (1).\n ``(3) Local small businesses.--\n ``(A) In general.--The Administrator shall give \n priority in the awarding of contracts and the placement \n of subcontracts for disaster relief to local small \n business concerns.\n ``(B) Other agencies.--The head of each executive \n agency shall give priority in the awarding of contracts \n and the placement of subcontracts for disaster relief \n to local small business concerns, by using, as \n appropriate--\n ``(i) preferential factors in evaluations \n of contract bids and proposals;\n ``(ii) competitions restricted to local \n small business concerns, where there is a \n reasonable expectation of receiving \n competitive, reasonably priced bids or \n proposals from not fewer than 2 local small \n business concerns;\n ``(iii) requirements of preference for \n local small business concerns in subcontracting \n plans; and\n ``(iv) assessments of liquidated damages \n and other contractual penalties, including \n contract termination.\n ``(C) Other disaster assistance.--Priority shall be \n given to local small business concerns in the awarding \n of contracts and the placement of subcontracts for \n disaster relief in any Federal procurement and any \n procurement by a State or local government made with \n Federal disaster assistance funds.\n ``(4) Definitions.--In this subsection--\n ``(A) the term `declared disaster' means Hurricane \n Katrina of 2005, Hurricane Rita of 2005, or any other \n disaster, as designated by the Administrator;\n ``(B) the term `disaster area' means any State or \n area affected by a declared disaster, as determined by \n the Administrator;\n ``(C) the term `executive agency' has the same \n meaning as in section 105 of title 5, United States \n Code; and\n ``(D) the term `local small business concern' means \n a small business concern that--\n ``(i) on the date immediately preceding the \n date on which a declared disaster occurred--\n ``(I) had a principal office in the \n disaster area for such declared \n disaster; and\n ``(II) employed a majority of the \n workforce of such small business \n concern in the disaster area for such \n declared disaster; and\n ``(ii) is capable of performing a \n substantial proportion of any contract or \n subcontract for disaster relief within the \n disaster area for such declared disaster, as \n determined by the Administrator.''.\n\nSEC. 15. RELIEF FROM TEST PROGRAM.\n\n Section 711(d) of the Small Business Competitive Demonstration \nProgram Act of 1988 (15 U.S.C. 644 note) is amended--\n (1) by striking ``The Program'' and inserting the \n following:\n ``(1) In general.--Except as provided in paragraph (2), the \n Program''; and\n (2) by adding at the end the following:\n ``(2) Exception.--The Program shall not apply to any \n contract related to relief or reconstruction from Hurricane \n Katrina of 2005 or Hurricane Rita of 2005.''.","summary":"Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define Guidelines as the guidelines entitled Emergency Procurement Flexibilities for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003. Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency. And (2) periodically revise, update, modify, and publish such Guidelines. Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals. (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting, (3) disaster contracting outreach programs for small businesses, (4) small business performance bonding thresholds. (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts, and (6) disaster contracting priorities for local small businesses.","title":"A bill to ensure full partnership of small contractors in Federal disaster reconstruction efforts.","text_len":17175,"sum_len":1286} {"bill_id":"105_hr688","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Leaking Underground Storage Tank \nTrust Fund Amendments Act of 1997''.\n\nTITLE I--DISTRIBUTIONS FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND\n\nSEC. 101. LEAKING UNDERGROUND STORAGE TANKS.\n\n (a) Trust Fund Distribution.--Section 9004 of the Solid Waste \nDisposal Act (42 U.S.C. 6991c) is amended by adding at the end the \nfollowing new subsection:\n ``(f) Trust Fund Distribution to States.--\n ``(1) In general.--(A) The Administrator shall distribute \n to States at least 85 percent of the funds appropriated to the \n Environmental Protection Agency from the Leaking Underground \n Storage Tank Trust Fund (in this subsection referred to as the \n `Trust Fund') each fiscal year for the reasonable costs under \n cooperative agreements entered into with the Administrator for \n the following:\n ``(i) States' actions under section 9003(h)(7)(A).\n ``(ii) Necessary administrative expenses directly \n related to corrective action and compensation programs \n under subsection (c)(1).\n ``(iii) Enforcement of a State or local program \n approved under this section or enforcement of this \n subtitle or similar State or local provisions by a \n State or local government.\n ``(iv) State and local corrective actions pursuant \n to regulations promulgated under section 9003(c)(4).\n ``(v) Corrective action and compensation programs \n under subsection (c)(1) for releases from underground \n storage tanks regulated under this subtitle in any \n instance, as determined by the State, in which the \n financial resources of an owner or operator, excluding \n resources provided by programs under subsection (c)(1), \n are not adequate to pay for the cost of a corrective \n action without significantly impairing the ability of \n the owner or operator to continue in business.\n ``(B) Funds provided by the Administrator under \n subparagraph (A) may not be used by States for purposes of \n providing financial assistance to an owner or operator in \n meeting the requirements respecting underground storage tanks \n contained in section 280.21 of title 40 of the Code of Federal \n Regulations (as in effect on the date of the enactment of this \n subsection) or similar requirements in State programs approved \n under this section or similar State or local provisions.\n ``(2) Allocation.--\n ``(A) Process.--In the case of a State that the \n Administrator has entered into a cooperative agreement \n with under section 9003(h)(7)(A), the Administrator \n shall distribute funds from the Trust Fund to the State \n using the allocation process developed by the \n Administrator for such cooperative agreements.\n ``(B) Revisions to process.--The Administrator may \n revise such allocation process only after--\n ``(i) consulting with State agencies \n responsible for overseeing corrective action \n for releases from underground storage tanks and \n with representatives of owners and operators; \n and\n ``(ii) taking into consideration, at a \n minimum, the total revenue received from each \n State into the Trust Fund, the number of \n confirmed releases from leaking underground \n storage tanks in each State, the number of \n notified petroleum storage tanks in each State, \n and the percent of the population of each State \n using groundwater for any beneficial purpose.\n ``(3) Recipients.--Distributions from the Trust Fund under \n this subsection shall be made directly to the State agency \n entering into a cooperative agreement or enforcing the State \n program.\n ``(4) Cost recovery prohibition.--Funds provided to States \n from the Trust Fund to owners or operators for programs under \n subsection (c)(1) for releases from underground storage tanks \n are not subject to cost recovery by the Administrator under \n section 9003(h)(6).''.\n (b) Technical Amendments.--Subtitle I of the Solid Waste Disposal \nAct (42 U.S.C. 6991 et seq.) is amended as follows:\n (1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by \n striking out ``sustances'' and inserting in lieu thereof \n ``substances''.\n (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended \n by striking out ``subsection (c) and (d)'' and inserting in \n lieu thereof ``subsections (c) and (d)''.\n (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by \n striking out ``in 9001(2)(A)'' and inserting in lieu thereof \n ``in section 9001(2)(A)''.\n (4) Section 9005 (42 U.S.C. 6991d) is amended--\n (A) in subsection (a), by striking out ``study \n taking'' and inserting in lieu thereof ``study, \n taking'';\n (B) in subsection (b)(1), by striking out \n ``relevent'' and inserting in lieu thereof \n ``relevant''; and\n (C) in subsection (b)(4), by striking out \n ``Evironmental'' and inserting in lieu thereof \n ``Environmental''.\n\n TITLE II--EXTENSION OF TRUST FUND PURPOSES\n\nSEC. 201. EXTENSION OF TRUST FUND PURPOSES.\n\n Paragraph (1) of section 9508(c) of the Internal Revenue Code of \n1986 (relating to expenditures) is amended by striking ``to carry out \nsection 9003(h)'' and all that follows and inserting ``to carry out--\n ``(A) section 9003(h) of the Solid Waste Disposal \n Act (as in effect on the date of the enactment of the \n Superfund Amendments and Reauthorization Act of 1986), \n and\n ``(B) section 9004(f) of the Solid Waste Disposal \n Act (as in effect on the date of the enactment of the \n Leaking Underground Storage Tank Trust Fund Amendments \n Act of 1997).''\n\n Passed the House of Representatives April 23, 1997.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"TABLE OF CONTENTS: Title I: Distributions from Leaking Underground Storage Tank Trust Fund Title II: Extension of Trust Fund Purposes Leaking Underground Storage Tank Trust Fund Amendments Act of 1997 - Title I: Distributions from Leaking Underground Storage Tank Trust Fund - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses. (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements. (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business. (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions. And (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. Title II: Extension of Trust Fund Purposes - Amends the Internal Revenue Code to authorize use of amounts in the Trust Fund for making expenditures to carry out this Act.","title":"Leaking Underground Storage Tank Trust Fund Amendments Act of 1997","text_len":6915,"sum_len":1891} {"bill_id":"104_hr1519","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Low Income Community Development Tax \nCredit Act of 1995''.\n\nSEC. 2. CREDIT FOR NONRESIDENTIAL BUILDINGS CONSTRUCTED OR RENOVATED IN \n DISTRESSED AREAS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45C. CREDIT FOR NONRESIDENTIAL BUILDINGS IN DISTRESSED AREAS.\n\n ``(a) In General.--For purposes of section 38, the amount of the \ndistressed area building credit determined under this section for any \ntaxable year in the credit period shall be an amount equal to--\n ``(1) the applicable percentage of\n ``(2) the eligible basis of each qualified distressed area \n building.\n ``(b) Applicable Percentage: 70 Percent Present Value Credit for \nCertain New Buildings; 30 Percent Present Value Credit for Certain \nOther Buildings.--For purposes of this section--\n ``(1) In general.--The term `applicable percentage' means \n the appropriate percentage prescribed by the Secretary for the \n earlier of--\n ``(A) the month in which such building is placed in \n service, or\n ``(B) at the election of the taxpayer--\n ``(i) the month in which the taxpayer and \n the credit allocating agency enter into an \n agreement with respect to such building (which \n is binding on such agency, the taxpayer, and \n all successors in interest) as to the building \n credit dollar amount to be allocated to such \n building, or\n ``(ii) in the case of any building to which \n the rules of section 42(h)(4)(B) apply, the \n month in which the tax-exempt obligations are \n issued.\n A month may be elected under clause (ii) only if the election \n is made not later than the 5th day after the close of such \n month. Such an election, once made, shall be irrevocable.\n ``(2) Method of prescribing percentages.--\n ``(A) In general.--The percentages prescribed by \n the Secretary for any month shall be percentages which \n will yield over a 10-year period amounts of credit \n under subsection (a) which have a present value equal \n to--\n ``(i) 70 percent of the eligible basis of a \n new building, and\n ``(ii) 30 percent of the eligible basis of \n an existing building.\n ``(B) Increased credit for buildings in more \n distressed areas.--In the case of buildings located in \n a census tract which would be a distressed area if `50 \n percent' were substituted for `80 percent' in \n subsection (c)(2), subparagraph (A) shall be applied by \n substituting `75 percent' for `70 percent' and `35 \n percent' for `30 percent'.\n ``(c) Qualified Distressed Area Building; Distressed Area.--For \npurposes of this section--\n ``(1) Qualified distressed area building.--The term \n `qualified distressed area building' means any building (other \n than residential rental property) which, when placed in \n service, is located in a distressed area.\n ``(2) Distressed area.--The term `distressed area' means \n any census tract in which, for the most recent year for which \n census data are available on household income in such tract, 70 \n percent or more of the households have an income which is 80 \n percent or less of the area median gross income (within the \n meaning of section 142(d)) for such year.\n ``(d) Eligible basis.--For purposes of this section, the eligible \nbasis of any building shall be determined under the rules of paragraphs \n(1) and (2) of section 42(d).\n ``(e) Rehabilitation expenditures treated as separate new \nbuilding.--\n ``(1) In general.--Rehabilitation expenditures paid or \n incurred by the taxpayer with respect to any building shall be \n treated for purposes of this section as a separate new \n building.\n ``(2) Rehabilitation expenditures.--For purposes of \n paragraph (1)--\n ``(A) In general.--The term `rehabilitation \n expenditures' means amounts chargeable to capital \n account and incurred for property (or additions or \n improvements to property) of a character subject to the \n allowance for depreciation in connection with the \n rehabilitation of a building.\n ``(B) Cost of acquisition, etc., not included.--\n Such term does not include the cost of acquiring any \n building (or interest therein).\n ``(3) Minimum expenditures to qualify.--\n ``(A) In general.--Paragraph (1) shall apply to \n rehabilitation expenditures with respect to any \n building only if the amount of such expenditures during \n any 24-month period is not less than 10 percent of the \n adjusted basis of the building (determined as of the \n 1st day of such period and without regard to paragraphs \n (2) and (3) of section 1016(a)).\n ``(B) Date of determination.--The determination \n under subparagraph (A) shall be made as of the close of \n the 1st taxable year in the credit period with respect \n to such expenditures.\n ``(4) Special rules.--Rules similar to the rules of \n paragraph (4)(A) and (5) of section 42(e) shall apply for \n purposes of this subsection.\n ``(f) Definition and Special Rules Relating to Credit Period.--\n ``(1) Credit period defined.--For purposes of this section, \n the term `credit period' means, with respect to any building, \n the period of 10 taxable years beginning with--\n ``(A) the taxable year in which the building is \n placed in service, or\n ``(B) at the election of the taxpayer, the \n succeeding taxable year,\n but only if the building is a qualified distressed area \n building as of the close of the 1st year of such period. The \n election under subparagraph (B), once made, shall be \n irrevocable.\n ``(2) Special rules.--Rules similar to the rules of \n paragraphs (3), (4), and (5) of section 42(f) shall apply for \n purposes of this subsection.\n ``(g) Limitation on Aggregate Credit Allowable With Respect To \nBuildings Located in a State.--\n ``(1) Credit may not exceed credit amount allocated to \n building.--\n ``(A) In general.--The amount of the credit \n determined under this section for any taxable year with \n respect to any building shall not exceed the distressed \n area building credit dollar amount allocated to such \n building under this subsection.\n ``(B) Time for making allocation.--Rules similar to \n the rules of subparagraphs (B) through (F) of section \n 42(h)(1) shall apply for purposes of this paragraph.\n ``(2) Allocated credit amount to apply to all taxable years \n ending during or after credit allocation year.--Any distressed \n area building credit dollar amount allocated to any building \n for any calendar year--\n ``(A) shall apply to such building for all taxable \n years in the credit period ending during or after such \n calendar year, and\n ``(B) shall reduce the aggregate distressed area \n building credit dollar amount of the credit allocating \n agency only for such calendar year.\n ``(3) Distress area building credit dollar amount for \n agencies.--\n ``(A) In general.--The aggregate distressed area \n building credit dollar amount which a credit agency may \n allocate for any calendar year is the portion of the \n State distressed area building credit ceiling allocated \n under this paragraph for such calendar year to such \n agency.\n ``(B) State ceiling initially allocated to State \n housing credit agencies.--The State distressed area \n building credit ceiling for each calendar year shall be \n allocated to the housing credit agency of such State. \n If there is more than 1 housing credit agency of a \n State, all such agencies shall be treated as a single \n agency.\n ``(C) State distressed area building credit \n ceiling.--The State distressed area building credit \n ceiling applicable to any State for any calendar year \n shall be an amount equal to the sum of--\n ``(i) $1.25 multiplied by the State \n population,\n ``(ii) the unused State distressed area \n building credit ceiling (if any) of such State \n for the preceding calendar year,\n ``(iii) the amount of State distressed area \n building credit ceiling returned in the \n calendar year, plus\n ``(iv) the amount (if any) allocated under \n subparagraph (D) to such State by the \n Secretary.\n For purposes of clause (ii), the unused State \n distressed area building credit ceiling for any \n calendar year is the excess (if any) of the sum of the \n amounts described in clauses (i) and (iii) over the \n aggregate distressed area building credit dollar amount \n allocated for such year.\n ``(D) Unused credit carryovers allocated among \n certain states.--Rules similar to the rules of section \n 42(h)(2)(D) shall apply for purposes of this paragraph.\n ``(4) Other rules to apply.--Rules similar to the rules of \n subparagraphs (E), (F), and (G) of section 42(h)(2), and \n paragraphs (4), (5), and (7) of section 42(h), shall apply for \n purposes of this subsection.\n ``(5) Definitions.--For purposes of this subsection--\n ``(A) Credit allocating agency.--The term `credit \n allocating agency' means any agency authorized to carry \n out this subsection.\n ``(B) Possessions treated as states.--The term \n `State' includes a possession of the United States.\n ``(h) Definitions and special rules.--For purposes of this section \n--\n ``(1) New building.--The term `new building' means a \n building the original use of which begins with the taxpayer.\n ``(2) Existing building.--The term `existing building' \n means any building which is not a new building.\n ``(3) Application to estates and trusts.--In the case of an \n estate or trust, the amount of the credit determined under \n subsection (a) shall be apportioned between the estate or trust \n and the beneficiaries on the basis of the income of the estate \n or trust allocable to each.\n ``(i) Application of At-Risk Rules.--Rules similar to the rules of \nsection 42(j) shall apply for purposes of this section.\n ``(j) Certifications and Other Reports to Secretary.--\n ``(1) Certification with respect to 1st year of credit \n period.--Following the close of the 1st taxable year in the \n credit period with respect to any qualified distressed area \n building, the taxpayer shall certify to the Secretary (at such \n time and in such form and in such manner as the Secretary \n prescribes)--\n ``(A) the taxable year, and calendar year, in which \n such building was placed in service,\n ``(B) the adjusted basis and eligible basis of such \n building as of the close of the 1st year of the credit \n period,\n ``(C) the maximum applicable percentage and \n eligible basis permitted to be taken into account by \n the appropriate credit allocating agency, and\n ``(D) such other information as the Secretary may \n require.\n In the case of a failure to make the certification required by \n the preceding sentence on the date prescribed therefor, unless \n it is shown that such failure is due to reasonable cause and \n not to willful neglect, no credit shall be allowable by reason \n of subsection (a) with respect to such building for any taxable \n year ending before such certification is made.\n ``(2) Reports to the secretary.--The Secretary may require \n taxpayers and credit allocating agencies to submit such reports \n as the Secretary determines necessary or appropriate to carry \n out the purposes of this section.\n ``(k) Credit Allocated to Building Not to Exceed Amount Necessary \nTo Assure Project Feasibility.--\n ``(1) In general.--The distressed area building credit \n dollar amount allocated to a building shall not exceed the \n amount the credit allocating agency determines is necessary for \n the financial feasibility of the building throughout the credit \n period.\n ``(2) Agency evaluation.--In making the determination under \n paragraph (1), the credit allocating agency shall consider--\n ``(A) the sources and uses of funds and the total \n financing planned for the building,\n ``(B) any proceeds or receipts expected to be \n generated by reason of tax benefits, and\n ``(C) the percentage of the distressed area \n building credit dollar amount used for building costs \n other than the cost of intermediaries.\n Subparagraph (C) shall not be applied so as to impede the \n development of buildings in hard-to-develop areas. Such a \n determination shall not be construed to be a representation or \n warranty as to the feasibility or viability of the building.\n ``(3) Determination made when credit amount applied for and \n when building placed in service.--\n ``(A) In general.--A determination under paragraph \n (1) shall be made as of each of the following times:\n ``(i) The application for the distressed \n area building credit dollar amount.\n ``(ii) The allocation of the distressed \n area building credit dollar amount.\n ``(iii) The date the building is placed in \n service.\n ``(B) Certification as to amount of other \n subsidies.--Prior to each determination under \n subparagraph (A), the taxpayer shall certify to the \n credit allocating agency the full extent of all \n Federal, State, and local subsidies which apply (or \n which the taxpayer expects to apply) with respect to \n the building.\n ``(l) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection.''\n (b) Credit To Be Part of General Business Credit.--\n (1) Subsection (b) of section 38 of such Code is amended by \n striking ``plus'' at the end of paragraph (10), by striking the \n period at the end of paragraph (11) and inserting ``, plus'', \n and by adding at the end the following new paragraph:\n ``(12) the distressed area building credit determined under \n section 45C(a).''\n (2) Subsection (d) of section 39 of such Code is amended by \n adding at the end the following new paragraph:\n ``(7) Distressed area building credit.--No portion of the \n unused business credit which is attributable to the credit \n determined under section 45C (relating to distressed area \n building credit) may be carried to any taxable year ending \n before January 1, 1996.''\n (3) Subsection (c) of section 196 of such Code (relating to \n deduction for certain unused business credits) is amended by \n striking ``and'' at the end of paragraph (6), by striking the \n period at the end of paragraph (7) and inserting ``, and'', and \n by adding at the end the following new paragraph:\n ``(8) the distressed area building credit determined under \n section 45C(a).''\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 45C. Credit for nonresidential \n buildings in distressed \n areas.''\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 1995.","summary":"Low Income Community Development Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow, as part of the general business credit, a tax credit for placing a nonresidential building in service in a distressed area, with a greater credit allowed for a new building than an existing building. Provides for calculation of the basis of such buildings according to the rules governing the low-income housing credit. Defines a distressed area as one in which at least 70 percent of the households have an income that is no more than 80 percent of the area median gross income. Increases the credit with respect to buildings in areas in which income is lower. Treats rehabilitation expenditures, provided they are above a certain threshold, as a separate new building. Imposes an annual State distressed area building credit ceiling.","title":"Low Income Community Development Tax Credit Act of 1995","text_len":18148,"sum_len":836} {"bill_id":"112_hr6493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global Investments in America's \nCities Act''.\n\nSEC. 2. MODIFICATION OF EB-5 VISA PROGRAM.\n\n Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. \n1153(b)(5)) is amended by adding at the end the following:\n ``(E) Set-aside for economically distressed urban \n areas.--\n ``(i) In general.--Not less than 3,000 of \n the visas made available under this paragraph \n in each fiscal year shall be reserved for \n qualified immigrants seeking to invest in a new \n commercial enterprise described in subparagraph \n (A) which will create employment in an \n economically distressed urban area and--\n ``(I) with respect to which such \n alien or a relative of that alien has \n invested or, is actively in the process \n of investing, in that new enterprise, \n capital in an amount not less than the \n amount specified in clause (ii);\n ``(II) with respect to which such \n alien has completed an investment \n agreement with a qualified venture \n capital operating company for an \n investment in that new enterprise of an \n amount not less than the amount \n specified in clause (ii); or\n ``(III) with respect to which such \n alien has completed an investment \n agreement with one or more angel \n investors for an investment in that new \n enterprise of an amount not less than \n the amount specified in clause (ii).\n ``(ii) Capital amount required.--The amount \n of capital specified in this clause is \n $250,000. To account for inflation, the \n Secretary of Homeland Security may by rule \n adjust the amount of capital specified in this \n clause.\n ``(iii) Definitions.--In this subparagraph:\n ``(I) Angel investor.--The term \n `angel investor' means, with respect to \n a qualified immigrant, an individual \n who--\n ``(aa) is an accredited \n investor (as defined in section \n 230.501(a) of title 17, Code of \n Federal Regulations (as in \n effect on April 1, 2010));\n ``(bb) is a United States \n citizen or an alien lawfully \n admitted to the United States \n for permanent residence; and\n ``(cc) has made at least 2 \n equity investments of not less \n than $50,000 in each of the 3 \n years before the date of a \n petition by the qualified \n immigrant for classification \n under this paragraph.\n ``(II) Economically distressed \n urban area.--The term `economically \n distressed urban area' means, at the \n time a petition for classification \n under this paragraph is filed the \n following:\n ``(aa) A city that has an \n average unemployment rate of \n not less than 150 percent of \n the national average rate for \n the preceding year.\n ``(bb) Any principal city \n for a Metropolitan Statistical \n Area, as defined by the Office \n of Management and Budget.\n ``(III) Qualified venture capital \n operating company.--The term `qualified \n venture capital operating company' \n means an entity that--\n ``(aa) is registered under \n the Investment Company Act of \n 1940 (15 U.S.C. 80a-1 et seq.); \n or\n ``(bb) is an investment \n company, as defined in \n subsection (a)(1) of section 3 \n of such Act (15 U.S.C. 80a-3), \n that is exempt from \n registration under subsection \n (c)(1) or (c)(7) of such \n section, and is not registered.\n ``(IV) Relative.--The term \n `relative' means, with respect to a \n qualified immigrant--\n ``(aa) a spouse;\n ``(bb) a sibling;\n ``(cc) a child;\n ``(dd) a parent;\n ``(ee) an aunt or uncle;\n ``(ff) a first cousin; or\n ``(gg) a grandparent.''.\n\nSEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS.\n\n Section 286(u) of the Immigration and Nationality Act (8 U.S.C. \n1356(u)) is amended by adding at the end the following: ``In the case \nof a petition filed under section 204(a)(1)(H) for classification under \nsection 203(b)(5)(E), the petitioner shall be guaranteed of a decision \non the petition in 60 days or less.''.\n\nSEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.\n\n (a) In General.--Not later than 2 years after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit a report to Congress on the EB-5 Visa Program authorized \nunder section 203(b)(5) of the Immigration and Nationality Act (8 \nU.S.C. 1153(b)(5)).\n (b) Contents.--The report described in subsection (a) shall include \ninformation regarding--\n (1) the number of immigrant entrepreneurs who have received \n a visa under such visa program, listed by country of origin;\n (2) the localities in which such immigrant entrepreneurs \n have initially settled;\n (3) whether such immigrant entrepreneurs generally remain \n in the localities in which they initially settle;\n (4) the types of commercial enterprises that such immigrant \n entrepreneurs have established; and\n (5) the types and number of jobs created by such immigrant \n entrepreneurs.","summary":"Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000. (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000. Or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000. Requires petitions for such immigrant visas to be decided within 60 days. Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program.","title":"To create jobs by attracting global investment to economically distressed urban areas, and for other purposes.","text_len":8111,"sum_len":810} {"bill_id":"109_hr3608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Drug Sales Accountability \nAct''.\n\nSEC. 2. SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET \n SALES SITES.\n\n The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by \ninserting after section 423 the following section:\n\n``SEC. 424. PROHIBITIONS REGARDING SALES OF CONTROLLED SUBSTANCES \n THROUGH THIRD-PARTY INTERNET SALES SITES.\n\n ``(a) In General.--Subject to subsection (d), it is unlawful for a \nperson who controls a third-party Internet sales site--\n ``(1) to accept for posting on the site an offer to sell an \n item that the person knows is a controlled substance; or\n ``(2) to fail to promptly remove from the site an offer to \n sell an item when a Federal or State official notifies the \n person, in accordance with subsection (e), that the item is a \n controlled substance.\n ``(b) Third-Party Internet Sales Site.--For purposes of this \nsection, the term `third-party Internet sales site' means an Internet \nsite, operated as part of a business, that permits users of the site to \npost an offer to sell an item directly to a consumer.\n ``(c) Advertising.--For purposes of this section, the term `offer', \nwith respect to the sale of an item, includes an advertisement for the \nsale of the item.\n ``(d) Exclusion Regarding Licensed Pharmacies.--Subsection (a) does \nnot have any applicability with respect to the sale of controlled \nsubstances by a licensed pharmacy, including a licensed Internet \npharmacy.\n ``(e) Notice Regarding Controlled Substance.--A person who controls \na third-party Internet sales site shall create a system for receipt of \nnotice under subsection (a)(2) in accordance with this subsection if \nthe notice is in writing and the notice--\n ``(1) specifies this section as the relevant statutory \n authority;\n ``(2) specifies the name, title, physical address, and \n contact information of the Federal or State official or \n officials who sent the notice;\n ``(3) specifies the third-party Internet site involved;\n ``(4) specifies the offer with which the notice is \n concerned, including the controlled substance involved;\n ``(5) specifies the location of the offer on the site \n through the uniform resource locator (commonly referred to as \n the URL) or through the Internet Protocol numbers that \n constitute the address of the location; and\n ``(6) is provided to the designated agent of the third-\n party Internet sales site designated in accordance with section \n 512 of title 17, United States Code, if the site has designated \n such an agent.\n ``(f) Penalties.--\n ``(1) Criminal penalties.--\n ``(A) First conviction.--A person who violates \n subsection (a) shall be fined under title 18, United \n States Code, or imprisoned not more than one year, or \n both, subject to subparagraph (B).\n ``(B) Subsequent convictions.--If a person commits \n a violation of subsection (a) after a single prior \n conviction of the person under this paragraph, the \n person shall for such violation be fined under title \n 18, United States Code, or imprisoned not more than \n five years, or both. If a person commits a violation of \n such subsection after two or more prior convictions of \n the person under this paragraph, the person shall for \n such violation be fined under such title or imprisoned \n not more than 10 years, or both.\n ``(2) Civil penalty.--A person who violates a requirement \n under subsection (e) is subject to a civil penalty not \n exceeding $1,000,000 for each such violation.\n ``(g) Protection for Identifying and Removing Illegal Offers.--\n ``(1) Monitoring and removal of offers.--A third-party \n Internet sales site should monitor and remove in good faith any \n posting of an offer to sell an item that the third-party \n Internet sales site believes to violate Federal or State law, \n or that is the subject of a notice described in subsection (e).\n ``(2) Protection against liability.--A third-party Internet \n sales site that in good faith monitors and removes any posting \n in accordance with paragraph (1) shall not be liable under any \n Federal or State law.\n ``(h) Additional Definitions.--For purposes of this section:\n ``(1) The term `control', with respect to an Internet site, \n means to have the legal right to exercise control over all or \n substantially all of the content of the site, without regard to \n the extent to which such authority actually is exercised.\n ``(2) The term `Internet' means collectively the myriad of \n computer and telecommunications facilities, including equipment \n and operating software, which comprise the interconnected \n world-wide network of networks that employ the transmission \n control protocol\/internet protocol, or any predecessor or \n successor protocols to such protocol, to communicate \n information of all kinds by wire or radio.\n ``(3) The terms `Internet site', with respect to the \n Internet, mean a specific location on the Internet that is \n determined by Internet Protocol numbers or by any successor \n protocol for determining a specific location on the Internet.\n ``(4) The term `licensed Internet pharmacy' mean an \n Internet site that is controlled by a licensed pharmacy and is \n used by such pharmacy to make sales of controlled substances or \n other drugs.\n ``(5) The term `licensed pharmacy' means a person who is \n licensed as a pharmacy under applicable Federal or State law.\n ``(6) The term `remove', with respect to an offer posted on \n a third-party Internet sales site, includes disabling public \n access to the offer.''.","summary":"Internet Drug Sales Accountability Act - Amends the Controlled Substances Act to prohibit a person who controls a third-party Internet sales site from: (1) accepting for posting on the site an offer to sell an item that the person knows is a controlled substance. Or (2) failing to promptly remove from the site an offer to sell an item which a federal or state official notifies the person is a controlled substance. Requires such person to create a system for receipt of such notice in writing and specifying information including the offer and substance involved and the name, title, address, and contact information of the officials who sent the notice. Sets criminal and civil penalties for violations. Requires a third-party Internet sales site to monitor and remove in good faith any posting of an offer to sell an item that the site believes to violate federal or state law or that is the subject of notice under this Act. Shields from liability any such site that in good faith monitors and removes a posting pursuant to this provision.","title":"To amend the Controlled Substances Act to prohibit third-party Internet sales sites from posting offers to sell controlled substances, and for other purposes.","text_len":6291,"sum_len":1045} {"bill_id":"106_hr975","text":"SECTION 1. REDUCTION IN VOLUME OF STEEL IMPORTS.\n\n (a) Reduction.--Notwithstanding any other provision of law, within \n60 days after the date of the enactment of this Act, the President \nshall take the necessary steps, by imposing quotas, tariff surcharges, \nnegotiated enforceable voluntary export restraint agreements, or \notherwise, to ensure that the volume of steel products imported into \nthe United States during any month does not exceed the average volume \nof steel products that was imported monthly into the United States \nduring the 36-month period preceding July 1997.\n (b) Enforcement Authority.--Within 60 days after the date of the \nenactment of this Act, the Secretary of the Treasury, through the \nUnited States Customs Service, and the Secretary of Commerce shall \nimplement a program for administering and enforcing the restraints on \nimports under subsection (a). The Customs Service is authorized to \nrefuse entry into the customs territory of the United States of any \nsteel products that exceed the allowable levels of imports of such \nproducts.\n (c) Applicability.--\n (1) Categories.--This section shall apply to the following \n categories of steel products: semifinished, plates, sheets and \n strips, wire rods, wire and wire products, rail type products, \n bars, structural shapes and units, pipes and tubes, iron ore, \n and coke products.\n (2) Volume.--Volume of steel products for purposes of this \n section shall be determined on the basis of tonnage of such \n products.\n (d) Expiration.--This section shall expire at the end of the 3-year \nperiod beginning 60 days after the date of the enactment of this Act.\n\nSEC. 2. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM.\n\n (a) In General.--Not later than 30 days after the date of the \nenactment of this Act, the Secretary of Commerce, in consultation with \nthe Secretary of the Treasury, shall establish and implement a steel \nimport notification and monitoring program. The program shall include a \nrequirement that any person importing a product classified under \nchapter 72 or 73 of the Harmonized Tariff Schedule of the United States \nobtain an import notification certificate before such products are \nentered into the United States.\n (b) Steel Import Notification Certificates.--\n (1) In general.--In order to obtain a steel import \n notification certificate, an importer shall submit to the \n Secretary of Commerce an application containing--\n (A) the importer's name and address;\n (B) the name and address of the supplier of the \n goods to be imported;\n (C) the name and address of the producer of the \n goods to be imported;\n (D) the country of origin of the goods;\n (E) the country from which the goods are to be \n imported;\n (F) the United States Customs port of entry where \n the goods will be entered;\n (G) the expected date of entry of the goods into \n the United States;\n (H) a description of the goods, including the \n classification of such goods under the Harmonized \n Tariff Schedule of the United States;\n (I) the quantity (in kilograms and net tons) of the \n goods to be imported;\n (J) the cost insurance freight (CIF) and free \n alongside ship (FAS) values of the goods to be entered;\n (K) whether the goods are being entered for \n consumption or for entry into a bonded warehouse or \n foreign trade zone;\n (L) a certification that the information furnished \n in the certificate application is correct; and\n (M) any other information the Secretary of Commerce \n determines to be necessary and appropriate.\n (2) Entry into customs territory.--In the case of \n merchandise classified under chapter 72 or 73 of the Harmonized \n Tariff Schedule of the United States that is initially entered \n into a bonded warehouse or foreign trade zone, a steel import \n notification certificate shall be required before the \n merchandise is entered into the customs territory of the United \n States.\n (3) Issuance of steel import notification certificate.--The \n Secretary of Commerce shall issue a steel import notification \n certificate to any person who files an application that meets \n the requirements of this section. Such certificate shall be \n valid for a period of 30 days from the date of issuance.\n (c) Statistical Information.--\n (1) In general.--The Secretary of Commerce shall compile \n and publish on a weekly basis information described in \n paragraph (2).\n (2) Information described.--Information described in this \n paragraph means information obtained from steel import \n notification certificate applications concerning steel imported \n into the United States and includes with respect to such \n imports the Harmonized Tariff Schedule of the United States \n classification (to the tenth digit), the country of origin, the \n port of entry, quantity, value of steel imported, and whether \n the imports are entered for consumption or are entered into a \n bonded warehouse or foreign trade zone. Such information shall \n also be compiled in aggregate form and made publicly available \n by the Secretary of Commerce on a weekly basis by public \n posting through an Internet website. The information provided \n under this section shall be in addition to any information \n otherwise required by law.\n (d) Fees.--The Secretary of Commerce may prescribe reasonable fees \nand charges to defray the costs of carrying out the provisions of this \nsection, including a fee for issuing a certificate under this section.\n (e) Single Producer and Exporter Countries.--Notwithstanding any \nother provision of law, the Secretary of Commerce shall make publicly \navailable all information required to be released pursuant to \nsubsection (c), including information obtained regarding imports from a \nforeign producer or exporter that is the only producer or exporter of \ngoods subject to this section from a foreign country.\n (f) Regulations.--The Secretary of Commerce may prescribe such \nrules and regulations relating to the steel import notification and \nmonitoring program as may be necessary to carry the provisions of this \nsection.\n\n Passed the House of Representatives March 17, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.\n \n\n ","summary":"Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the US customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.","title":"To provide for a reduction in the volume of steel imports, and to establish a steel import notification and monitoring program.","text_len":7644,"sum_len":1437} {"bill_id":"107_hr1687","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Poverty Trap Study Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Low income people are subject to many taxes, including \n the Federal income tax, payroll taxes, and State income taxes. \n In addition, eligibility for many Federal and State programs \n for assistance to the working poor, such as the earned income \n tax credit, food stamps, housing assistance programs, medicaid, \n child care assistance, and the women, infants, and children \n (WIC) nutrition program is based in part on income levels. The \n rates at which the benefits from such programs are phased out \n have the same effect as additional taxes imposed on the \n beneficiaries.\n (2) The total effective marginal rate of tax for additional \n income earned by low income people can exceed 100 percent and \n can be a disincentive to working more hours, getting a raise, \n learning a more lucrative trade, getting married, or engaging \n in other economic or social activities.\n\nSEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR.\n\n (a) Establishment.--There is established a commission to be known \nas the National Commission on Marginal Tax Rates for the Working Poor \n(in this section referred to as the ``Commission'').\n (b) Duties of the Commission.--The Commission shall--\n (1) determine the total effective marginal rate of tax from \n all taxes and benefit program phaseouts that persons are \n subject to (both as individuals and as married couples) at all \n earnings levels between $7,000 and $30,000 per year for at \n least 5 States, including Wisconsin and California; and\n (2) submit the report required under subsection (f) to \n Congress.\n (c) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 12 members, of whom--\n (A) 3 shall be appointed by the Speaker of the \n House of Representatives;\n (B) 2 shall be appointed by the Minority Leader of \n the House of Representatives;\n (C) 3 shall be appointed by the Majority Leader of \n the Senate;\n (D) 2 shall be appointed by the Minority Leader of \n the Senate; and\n (E) 2 shall be appointed by the President.\n (2) Chairman.--The members of the Commission shall elect a \n chairman of the Commission at its first meeting.\n (3) Background.--At least half of the members appointed by \n each person who appoints members under paragraph (1) shall be \n recognized experts from think tanks or academia in the subject \n matter reviewed by the Commission.\n (4) Terms of appointment.--The term of any appointment \n under paragraph (1) to the Commission shall be for the life of \n the Commission.\n (5) Meetings.--The President shall designate a member of \n the Commission to call the first meeting of the Commission. \n Thereafter, the Commission shall meet at the call of its \n Chairman or a majority of its members.\n (6) Quorum.--A quorum shall consist of 7 members of the \n Commission.\n (7) Vacancies.--A vacancy on the Commission shall be filled \n in the same manner in which the original appointment was made, \n not later than 30 days after the Commission is given notice of \n the vacancy, and shall not affect the power of the remaining \n members to execute the duties of the Commission.\n (8) Compensation.--Members of the Commission shall receive \n no additional pay, allowances, or benefits by reason of their \n service on the Commission.\n (9) Expenses.--Each member of the Commission shall receive \n travel expenses and per diem in lieu of subsistence in \n accordance with sections 5702 and 5703 of title 5, United \n States Code.\n (d) Staff and Support Services.--\n (1) Executive director.--\n (A) Appointment.--The Chairman shall appoint an \n executive director of the Commission.\n (B) Compensation.--The executive director shall be \n paid the rate of basic pay for level V of the Executive \n Schedule.\n (2) Staff.--With the approval of the Commission, the \n executive director may appoint such personnel as the executive \n director considers appropriate.\n (3) Applicability of civil service laws.--The staff of the \n Commission shall be appointed without regard to the provisions \n of title 5, United States Code, governing appointments in the \n competitive service, and shall be paid without regard to the \n provisions of chapter 51 and subchapter III of chapter 53 of \n such title (relating to classification and General Schedule pay \n rates).\n (4) Experts and consultants.--With the approval of the \n Commission, the executive director may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code.\n (5) Physical facilities.--The Administrator of General \n Services shall locate suitable office space for the operation \n of the Commission. The facilities shall serve as the \n headquarters of the Commission and shall include all necessary \n equipment and incidentals required for the proper functioning \n of the Commission.\n (e) Powers of Commission.--\n (1) Hearings and other activities.--For the purpose of \n carrying out its duties, the Commission may hold such hearings \n and undertake such other activities as the Commission \n determines to be necessary to carry out its duties.\n (2) Studies by gao.--Upon the request of the Commission, \n the Comptroller General shall conduct such studies or \n investigations as the Commission determines to be necessary to \n carry out its duties.\n (3) Detail of federal employees.--Upon the request of the \n Commission, the head of any Federal agency is authorized to \n detail, without reimbursement, any of the personnel of such \n agency to the Commission to assist the Commission in carrying \n out its duties. Any such detail shall not interrupt or \n otherwise affect the civil service status or privileges of the \n Federal employee.\n (4) Technical assistance.--Upon the request of the \n Commission, the head of a Federal agency shall provide such \n technical assistance to the Commission as the Commission \n determines to be necessary to carry out its duties.\n (5) Use of mails.--The Commission may use the United States \n mails in the same manner and under the same conditions as \n Federal agencies and shall, for purposes of the frank, be \n considered a commission of Congress as described in section \n 3215 of title 39, United States Code.\n (6) Obtaining information.--The Commission may secure \n directly from any Federal agency information necessary to \n enable it to carry out its duties, if the information may be \n disclosed under section 552 of title 5, United States Code. \n Upon request of the Chairman of the Commission, the head of \n such agency shall furnish such information to the Commission.\n (7) Administrative support services.--Upon the request of \n the Commission, the Administrator of General Services shall \n provide to the Commission on a reimbursable basis such \n administrative support services as the Commission may request.\n (8) Printing.--For purposes of costs relating to printing \n and binding, including the cost of personnel detailed from the \n Government Printing Office, the Commission shall be deemed to \n be a committee of the Congress.\n (f) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Commission shall submit to Congress a report \ncontaining--\n (1) the Commission's findings; and\n (2) recommendations for resolving any economic and other \n disincentives found by the Commission caused by the marginal \n tax rates to which the working poor are subject.\n (g) Termination.--The Commission shall terminate 30 days after the \ndate of submission of the report required in subsection (f). Section \n14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to \nthe Commission.\n (h) Limitations on Authorization of Appropriations.--There are \nauthorized to be appropriated not more than $900,000 to carry out this \nsection.","summary":"Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California. And (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report.","title":"To establish a commission to study and make recommendations on marginal tax rates for the working poor.","text_len":9015,"sum_len":489} {"bill_id":"112_hr4383","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Streamlining Permitting of American \nEnergy Act of 2012''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n The table of contents for this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\n\n TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM\n\nSec. 101. Permit to drill application timeline.\nSec. 102. Solar and wind right-of-way rental reform.\n\n TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM\n\nSec. 201. Administrative protest documentation reform.\n\n TITLE III--PERMIT STREAMLINING\n\nSec. 301. Improve Federal energy permit coordination.\nSec. 302. Administration of current law.\nSec. 303. Policies regarding buying, building, and working for America.\n\n TITLE IV--JUDICIAL REVIEW\n\nSec. 401. Definitions.\nSec. 402. Exclusive venue for certain civil actions relating to covered \n energy projects.\nSec. 403. Timely filing.\nSec. 404. Expedition in hearing and determining the action.\nSec. 405. Standard of review.\nSec. 406. Limitation on injunction and prospective relief.\nSec. 407. Limitation on attorneys' fees.\nSec. 408. Legal standing.\n\n TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM\n\nSEC. 101. PERMIT TO DRILL APPLICATION TIMELINE.\n\n Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) \nis amended to read as follows:\n ``(2) Applications for permits to drill reform and \n process.--\n ``(A) Timeline.--The Secretary shall decide whether \n to issue a permit to drill within 30 days after \n receiving an application for the permit. The Secretary \n may extend such period for up to 2 periods of 15 days \n each, if the Secretary has given written notice of the \n delay to the applicant. The notice shall be in the form \n of a letter from the Secretary or a designee of the \n Secretary, and shall include the names and titles of \n the persons processing the application, the specific \n reasons for the delay, and a specific date a final \n decision on the application is expected.\n ``(B) Notice of reasons for denial.--If the \n application is denied, the Secretary shall provide the \n applicant--\n ``(i) in writing, clear and comprehensive \n reasons why the application was not accepted \n and detailed information concerning any \n deficiencies; and\n ``(ii) an opportunity to remedy any \n deficiencies.\n ``(C) Application deemed approved.--If the \n Secretary has not made a decision on the application by \n the end of the 60-day period beginning on the date the \n application is received by the Secretary, the \n application is deemed approved, except in cases in \n which existing reviews under the National Environmental \n Policy Act of 1969 or Endangered Species Act of 1973 \n are incomplete.\n ``(D) Denial of permit.--If the Secretary decides \n not to issue a permit to drill in accordance with \n subparagraph (A), the Secretary shall--\n ``(i) provide to the applicant a \n description of the reasons for the denial of \n the permit;\n ``(ii) allow the applicant to resubmit an \n application for a permit to drill during the \n 10-day period beginning on the date the \n applicant receives the description of the \n denial from the Secretary; and\n ``(iii) issue or deny any resubmitted \n application not later than 10 days after the \n date the application is submitted to the \n Secretary.\n ``(E) Fee.--\n ``(i) In general.--Notwithstanding any \n other law, the Secretary shall collect a single \n $6,500 permit processing fee per application \n from each applicant at the time the final \n decision is made whether to issue a permit \n under subparagraph (A). This fee shall not \n apply to any resubmitted application.\n ``(ii) Treatment of permit processing \n fee.--Of all fees collected under this \n paragraph, 50 percent shall be transferred to \n the field office where they are collected and \n used to process protests, leases, and permits \n under this Act subject to appropriation.''.\n\nSEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.\n\n Notwithstanding any other provision of law, each fiscal year, of \nfees collected as annual wind energy and solar energy right-of-way \nauthorization fees required under section 504(g) of the Federal Land \nPolicy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall \nbe retained by the Secretary of the Interior to be used, subject to \nappropriation, by the Bureau of Land Management to process permits, \nright-of-way applications, and other activities necessary for renewable \ndevelopment, and, at the discretion of the Secretary, by the U.S. Fish \nand Wildlife Service or other Federal agencies involved in wind and \nsolar permitting reviews to facilitate the processing of wind energy \nand solar energy permit applications on Bureau of Land Management \nlands.\n\n TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM\n\nSEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.\n\n Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is \nfurther amended by adding at the end the following:\n ``(4) Protest fee.--\n ``(A) In general.--The Secretary shall collect a \n $5,000 documentation fee to accompany each protest for \n a lease, right of way, or application for permit to \n drill.\n ``(B) Treatment of fees.--Of all fees collected \n under this paragraph, 50 percent shall remain in the \n field office where they are collected and used to \n process protests subject to appropriation.''.\n\n TITLE III--PERMIT STREAMLINING\n\nSEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.\n\n (a) Establishment.--The Secretary of the Interior (referred to in \nthis section as the ``Secretary'') shall establish a Federal Permit \nStreamlining Project (referred to in this section as the ``Project'') \nin every Bureau of Land Management field office with responsibility for \npermitting energy projects on Federal land.\n (b) Memorandum of Understanding.--\n (1) In general.--Not later than 90 days after the date of \n enactment of this Act, the Secretary shall enter into a \n memorandum of understanding for purposes of this section with--\n (A) the Secretary of Agriculture;\n (B) the Administrator of the Environmental \n Protection Agency; and\n (C) the Chief of the Army Corps of Engineers.\n (2) State participation.--The Secretary may request that \n the Governor of any State with energy projects on Federal lands \n to be a signatory to the memorandum of understanding.\n (c) Designation of Qualified Staff.--\n (1) In general.--Not later than 30 days after the date of \n the signing of the memorandum of understanding under subsection \n (b), all Federal signatory parties shall, if appropriate, \n assign to each of the Bureau of Land Management field offices \n an employee who has expertise in the regulatory issues relating \n to the office in which the employee is employed, including, as \n applicable, particular expertise in--\n (A) the consultations and the preparation of \n biological opinions under section 7 of the Endangered \n Species Act of 1973 (16 U.S.C. 1536);\n (B) permits under section 404 of Federal Water \n Pollution Control Act (33 U.S.C. 1344);\n (C) regulatory matters under the Clean Air Act (42 \n U.S.C. 7401 et seq.);\n (D) planning under the National Forest Management \n Act of 1976 (16 U.S.C. 472a et seq.); and\n (E) the preparation of analyses under the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et \n seq.).\n (2) Duties.--Each employee assigned under paragraph (1) \n shall--\n (A) not later than 90 days after the date of \n assignment, report to the Bureau of Land Management \n Field Managers in the office to which the employee is \n assigned;\n (B) be responsible for all issues relating to the \n energy projects that arise under the authorities of the \n employee's home agency; and\n (C) participate as part of the team of personnel \n working on proposed energy projects, planning, and \n environmental analyses on Federal lands.\n (d) Additional Personnel.--The Secretary shall assign to each \nBureau of Land Management field office identified in subsection (a) any \nadditional personnel that are necessary to ensure the effective \napproval and implementation of energy projects administered by the \nBureau of Land Management field offices, including inspection and \nenforcement relating to energy development on Federal land, in \naccordance with the multiple use mandate of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1701 et seq.).\n (e) Funding.--Funding for the additional personnel shall come from \nthe Department of the Interior reforms identified in sections 101, 102, \nand 201.\n (f) Savings Provision.--Nothing in this section affects--\n (1) the operation of any Federal or State law; or\n (2) any delegation of authority made by the head of a \n Federal agency whose employees are participating in the \n Project.\n (g) Definition.--For purposes of this section the term ``energy \nprojects'' includes oil, natural gas, coal, and other energy projects \nas defined by the Secretary.\n\nSEC. 302. ADMINISTRATION OF CURRENT LAW.\n\n Notwithstanding any other law, the Secretary of the Interior shall \nnot require a finding of extraordinary circumstances in administering \nsection 390 of the Energy Policy Act of 2005.\n\nSEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.\n\n (a) Congressional Intent.--It is the intent of Congress that--\n (1) this Act will support a healthy and growing United \n States domestic energy sector that, in turn, helps to \n reinvigorate American manufacturing, transportation, and \n service sectors by employing the vast talents of United States \n workers to assist in the development of energy from domestic \n sources; and\n (2) Congress will monitor the deployment of personnel and \n material onshore under this Act to encourage the development of \n American technology and manufacturing to enable United States \n workers to benefit from this Act through good jobs and careers, \n as well as the establishment of important industrial facilities \n to support expanded access to American energy resources.\n (b) Requirement.--The Secretary of the Interior shall, when \npossible and practicable, encourage the use of United States workers \nand equipment manufactured in the United States in all construction \nrelated to mineral resource development under this Act.\n\n TITLE IV--JUDICIAL REVIEW\n\nSEC. 401. DEFINITIONS.\n\n In this Act--\n (1) the term ``covered civil action'' means a civil action \n containing a claim under section 702 of title 5, United States \n Code, regarding agency action (as defined for the purposes of \n that section) affecting a covered energy project on Federal \n lands of the United States; and\n (2) the term ``covered energy project'' means the leasing \n of Federal lands of the United States for the exploration, \n development, production, processing, or transmission of oil, \n natural gas, wind, or any other source of energy, and any \n action under such a lease, except that the term does not \n include any disputes between the parties to a lease regarding \n the obligations under such lease, including regarding any \n alleged breach of the lease.\n\nSEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED \n ENERGY PROJECTS.\n\n Venue for any covered civil action shall lie in the district court \nwhere the project or leases exist or are proposed.\n\nSEC. 403. TIMELY FILING.\n\n To ensure timely redress by the courts, a covered civil action must \nbe filed no later than the end of the 90-day period beginning on the \ndate of the final Federal agency action to which it relates.\n\nSEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION.\n\n The court shall endeavor to hear and determine any covered civil \naction as expeditiously as possible.\n\nSEC. 405. STANDARD OF REVIEW.\n\n In any judicial review of a covered civil action, administrative \nfindings and conclusions relating to the challenged Federal action or \ndecision shall be presumed to be correct, and the presumption may be \nrebutted only by the preponderance of the evidence contained in the \nadministrative record.\n\nSEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.\n\n In a covered civil action, the court shall not grant or approve any \nprospective relief unless the court finds that such relief is narrowly \ndrawn, extends no further than necessary to correct the violation of a \nlegal requirement, and is the least intrusive means necessary to \ncorrect that violation. In addition, courts shall limit the duration of \npreliminary injunctions to halt covered energy projects to no more than \n60 days, unless the court finds clear reasons to extend the injunction. \nIn such cases of extensions, such extensions shall only be in 30-day \nincrements and shall require action by the court to renew the \ninjunction.\n\nSEC. 407. LIMITATION ON ATTORNEYS' FEES.\n\n Sections 504 of title 5, United States Code, and 2412 of title 28, \nUnited States Code, (together commonly called the Equal Access to \nJustice Act) do not apply to a covered civil action, nor shall any \nparty in such a covered civil action receive payment from the Federal \nGovernment for their attorneys' fees, expenses, and other court costs.\n\nSEC. 408. LEGAL STANDING.\n\n Challengers filing appeals with the Department of the Interior \nBoard of Land Appeals shall meet the same standing requirements as \nchallengers before a United States district court.\n ","summary":"Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands. Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application. Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit. Requires that 50 of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development. And (2) either the US Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands. Title II: Administrative Protest Documentation Reform - Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. Title III: Permit Streamlining - Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land. And (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers. Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding. Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices. States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA). Expresses the intent of Congress that: (1) this Act will support a growing US domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing US workers to assist in the development of energy from domestic sources. And (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources. Directs the Secretary when possible and practicable, to encourage the use of US workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. Title IV: Judicial Review - States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.","title":"To streamline the application for permits to drill process and increase funds for energy project permit processing, and for other purposes.","text_len":15590,"sum_len":3677} {"bill_id":"109_s136","text":"SECTION 1. TABLE OF CONTENTS.\n\n The table of contents of this Act is as follows:\n\nSec. 1. Table of contents.\n\n TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS\n\nSec. 101. Payments for educational services.\nSec. 102. Authorization for park facilities to be located outside the \n boundaries of Yosemite National Park.\n\n TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA \n BOUNDARY ADJUSTMENT\n\nSec. 201. Short title.\nSec. 202. Golden Gate National Recreation Area, California.\n\n TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT\n\nSec. 301. Short title.\nSec. 302. Redwood National Park boundary adjustment.\n\n TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS\n\nSEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.\n\n (a) In General.--(1) For fiscal years 2006 through 2009, the \nSecretary of the Interior may provide funds to the Bass Lake Joint \nUnion Elementary School District and the Mariposa Unified School \nDistrict in the State of California for educational services to \nstudents--\n (A) who are dependents of persons engaged in the \n administration, operation, and maintenance of Yosemite National \n Park; or\n (B) who live within or near the park upon real property owned \n by the United States.\n (2) The Secretary's authority to make payments under this section \nshall terminate if the State of California or local education agencies \ndo not continue to provide funding to the schools referred to in \nsubsection (a) at per student levels that are no less than the amount \nprovided in fiscal year 2005.\n (b) Limitation on Use of Funds.--Payments made under this section \nshall only be used to pay public employees for educational services \nprovided in accordance with subsection (a). Payments may not be used \nfor construction, construction contracts, or major capital \nimprovements.\n (c) Limitation on Amount of Funds.--Payments made under this \nsection shall not exceed the lesser of--\n (1) $400,000 in any fiscal year; or\n (2) the amount necessary to provide students described in \n subsection (a) with educational services that are normally provided \n and generally available to students who attend public schools \n elsewhere in the State of California.\n (d) Source of Payments.--(1) Except as otherwise provided in this \nsubsection, the Secretary may use funds available to the National Park \nService from appropriations, donations, or fees.\n (2) Funds from the following sources shall not be used to make \npayments under this section:\n (A) Any law authorizing the collection or expenditure of \n entrance or use fees at units of the National Park System, \n including--\n (i) the Land and Water Conservation Fund Act of 1965 (16 \n U.S.C. 460l-4 et seq.); and\n (ii) the Federal Lands Recreation Enhancement Act (16 \n U.S.C. 6801 et seq.).\n (B) Any unexpended receipts collected through--\n (i) the recreational fee demonstration program established \n under section 315 of the Department of the Interior and Related \n Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note; \n Public Law 104-134); or\n (ii) the national park passport program established under \n section 602 of the National Parks Omnibus Management Act of \n 1998 (16 U.S.C. 5992).\n (C) Emergency appropriations for flood recovery at Yosemite \n National Park.\n (3)(A) The Secretary may use an authorized funding source to make \npayments under this section only if the funding available to Yosemite \nNational Park from such source (after subtracting any payments to the \nschool districts authorized under this section) is greater than or \nequal to the amount made available to the park for the prior fiscal \nyear, or in fiscal year 2005, whichever is greater.\n (B) It is the sense of Congress that any payments made under this \nsection should not result in a reduction of funds to Yosemite National \nPark from any specific funding source, and that with respect to \nappropriated funds, funding levels should reflect annual increases in \nthe park's operating base funds that are generally made to units of the \nNational Park System.\n\nSEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE \n BOUNDARIES OF YOSEMITE NATIONAL PARK.\n\n (a) Funding Authority for Transportation Systems and External \nFacilities.--Section 814(c) of the Omnibus Parks and Public Lands \nManagement Act of 1996 (16 U.S.C. 346e) is amended--\n (1) in the heading by inserting ``AND YOSEMITE NATIONAL PARK'' \n after ``ZION NATIONAL PARK'';\n (2) in the first sentence--\n (A) by inserting ``and Yosemite National Park'' after \n ``Zion National Park''; and\n (B) by inserting ``for transportation systems or'' after \n ``appropriated funds''; and\n (3) in the second sentence by striking ``facilities'' and \n inserting ``systems or facilities''.\n (b) Clarifying Amendment for Transportation Fee Authority.--Section \n501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. \n5981) is amended in the first sentence by striking ``service contract'' \nand inserting ``service contract, cooperative agreement, or other \ncontractual arrangement''.\n\nTITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA \n BOUNDARY ADJUSTMENT\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Rancho Corral de Tierra Golden \nGate National Recreation Area Boundary Adjustment Act''.\n\nSEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.\n\n Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is \namended--\n (1) by striking ``The recreation area shall comprise'' and \n inserting the following:\n ``(1) Initial lands.--The recreation area shall comprise''; and\n (2) by striking ``The following additional lands are also'' and \n all that follows through the period at the end of the subsection \n and inserting the following new paragraphs:\n ``(2) Additional lands.--In addition to the lands described in \n paragraph (1), the recreation area shall include the following:\n ``(A) The parcels numbered by the Assessor of Marin County, \n California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, \n 166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, \n 166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, \n 119-240-54, 166-010-12, 166-010-13, and 119-235-10.\n ``(B) Lands and waters in San Mateo County generally \n depicted on the map entitled `Sweeney Ridge Addition, Golden \n Gate National Recreation Area', numbered NRA GG-80,000-A, and \n dated May 1980.\n ``(C) Lands acquired under the Golden Gate National \n Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; \n Public Law 102-299).\n ``(D) Lands generally depicted on the map entitled \n `Additions to Golden Gate National Recreation Area', numbered \n NPS-80-076, and dated July 2000\/PWR-PLRPC.\n ``(E) Lands generally depicted on the map entitled `Rancho \n Corral de Tierra Additions to the Golden Gate National \n Recreation Area', numbered NPS-80,079E, and dated March 2004.\n ``(3) Acquisition limitation.--The Secretary may acquire land \n described in paragraph (2)(E) only from a willing seller.''.\n\n TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT\n\nSEC. 301. SHORT TITLE.\n\n This title may be cited as the ``Redwood National Park Boundary \nAdjustment Act of 2005''.\n\nSEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.\n\n Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is \namended--\n (1) in the first sentence, by striking ``(a) The area'' and all \n that follows through the period at the end and inserting the \n following: ``(a)(1) The Redwood National Park consists of the land \n generally depicted on the map entitled `Redwood National Park, \n Revised Boundary', numbered 167\/60502, and dated February, 2003.'';\n (2) by inserting after paragraph (1) (as designated by \n paragraph (1)) the following:\n ``(2) The map referred to in paragraph (1) shall be--\n ``(A) on file and available for public inspection in the \n appropriate offices of the National Park Service; and\n ``(B) provided by the Secretary of the Interior to the \n appropriate officers of Del Norte and Humboldt Counties, \n California.''; and\n (3) in the second sentence--\n (A) by striking ``The Secretary'' and inserting the \n following:\n ``(3) The Secretary;'' and\n (B) by striking ``one hundred and six thousand acres'' and \n inserting ``133,000 acres''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Title I: Yosemite National Park Authorized Payments - Authorizes the Secretary of the Interior to provide funds for FY2006-FY2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park. Or (2) live within or near the Park upon Federal property. Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that at least equal to the amount provided in FY2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits the use of funds to make payments under this Act from the following sources: (1) any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System. (2) any unexpended receipts collected through the recreational fee demonstration program or the national park passport program. And (3) emergency appropriations for Yosemite flood recovery. Allows the Secretary to use an authorized funding source to make payments only if the funding available to Yosemite National Park from such source is greater than or equal to the amount made available to the Park for the prior fiscal year, or in FY2005, whichever is greater. Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Title II: Rancho Corral De Tierra Golden Gate National Recreation Area Boundary Adjustment - Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller. Title III: Redwood National Park Boundary Adjustment - Redwood National Park Boundary Adjustment Act of 2005 - Revises the boundaries of the Redwood National Park in California. Requires that the map of the revised boundaries be placed on file and be available for public inspection in offices of the National Park Service and that such map be provided by the Secretary of the Interior to officers of Del Norte and Humboldt Counties, California. Increases to 133,000 acres the maximum acreage of the Park.","title":"A bill to authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the State of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, to adjust the boundaries of Redwood National Park, and for other purposes.","text_len":9108,"sum_len":2585} {"bill_id":"110_hr1706","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Specialty Crop Export \nOpportunities Act of 2007''.\n\nSEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL \n CONTROL ORGANISMS, AND NOXIOUS WEEDS.\n\n (a) In General.--Subtitle A of title IV of the Agricultural Risk \nProtection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at \nthe end the following new section:\n\n``SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL \n CONTROL ORGANISMS, AND NOXIOUS WEEDS.\n\n ``(a) In General.--The Secretary may regulate plants, plant \nproducts, biological control organisms, and noxious weeds for export \npurposes.\n ``(b) Duties.--The Secretary shall--\n ``(1) coordinate fruit and vegetable market analyses with \n the private sector and the Administrator of the Foreign \n Agricultural Service; and\n ``(2) make publicly available on an Internet website--\n ``(A) the status of all export petitions;\n ``(B) to the greatest extent possible, an \n explanation of the sanitary or phytosanitary issues \n associated with each pending export petition; and\n ``(C) to the greatest extent possible, information \n on the import requirements of foreign countries for \n fruits and vegetables.\n ``(c) Regulations.--The Secretary may issue regulations to \nimplement this section.''.\n (b) Table of Contents.--The table of contents in section 1(b) of \nsuch Act (7 U.S.C. 1501 note) is amended by inserting after the item \nrelating to section 419 the following new item:\n\n``Sec. 420. Regulation of exports of plants, plant products, biological \n control organisms, and noxious weeds.''.\n\nSEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION \n FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.\n\n (a) Repeal of Transfer of Functions.--Section 421 of the Homeland \nSecurity Act of 2002 (6 U.S.C. 231) is repealed.\n (b) Conforming Amendment to Function of Secretary of Homeland \nSecurity.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. \n202) is amended--\n (1) by striking paragraph (7); and\n (2) by redesignating paragraph (8) as paragraph (7).\n (c) Transfer Agreement.--\n (1) In general.--Not later than the effective date \n described in subsection (g), the Secretary of Agriculture and \n the Secretary of Homeland Security shall enter into an \n agreement to effectuate the return of functions required by the \n amendments made by this section.\n (2) Use of certain employees.--The agreement may include \n authority for the Secretary of Agriculture to use employees of \n the Department of Homeland Security to carry out authorities \n delegated to the Animal and Plant Health Inspection Service \n regarding the protection of domestic livestock and plants.\n (d) Restoration of Department of Agriculture Employees.--Not later \nthan the effective date described in subsection (e), all full-time \nequivalent positions of the Department of Agriculture transferred to \nthe Department of Homeland Security under section 421(g) of the \nHomeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the \nday before the effective date described in subsection (g)) shall be \nrestored to the Department of Agriculture.\n (e) Authority of APHIS.--\n (1) Establishment of program.--The Secretary of Agriculture \n shall establish within the Animal and Plant Health Inspection \n Service a program, to be known as the ``International \n Agricultural Inspection Program'', under which the \n Administrator of the Animal and Plant Health Inspection Service \n (referred to in this subsection as the ``Administrator'') shall \n carry out import and entry agricultural inspections.\n (2) Information gathering and inspections.--In carrying out \n the program under paragraph (1), the Administrator shall have \n full access to--\n (A) each secure area of any terminal for screening \n passengers or cargo under the control of the Department \n of Homeland Security on the day before the date of \n enactment of this Act for purposes of carrying out \n inspections and gathering information; and\n (B) each database (including any database relating \n to cargo manifests or employee and business records) \n under the control of the Department of Homeland \n Security on the day before the date of enactment of \n this Act for purposes of gathering information.\n (3) Inspection alerts.--The Administrator may issue \n inspection alerts, including by indicating cargo to be held for \n immediate inspection.\n (4) Inspection user fees.--The Administrator may, as \n applicable--\n (A) continue to collect any agricultural quarantine \n inspection user fee; and\n (B) administer any reserve account for the fees.\n (5) Career track program.--\n (A) In general.--The Administrator shall establish \n a program, to be known as the ``import and entry \n agriculture inspector career track program'', to \n support the development of long-term career \n professionals with expertise in import and entry \n agriculture inspection.\n (B) Strategic plan and training.--In carrying out \n the program under this paragraph, the Administrator, in \n coordination with the Secretary of Agriculture, shall--\n (i) develop a strategic plan to incorporate \n import and entry agricultural inspectors into \n the infrastructure protecting food, fiber, \n forests, bioenergy, and the environment of the \n United States from animal and plant pests, \n diseases, and noxious weeds; and\n (ii) as part of the plan under clause (i), \n provide training for import and entry \n agricultural inspectors participating in the \n program not less frequently than once each year \n to improve inspection skills.\n (f) Duties of Secretary.--\n (1) In general.--The Secretary of Agriculture (referred to \n in this subsection as the ``Secretary'') shall--\n (A) develop standard operating procedures for \n inspection, monitoring, and auditing relating to import \n and entry agricultural inspections, in accordance with \n recommendations from the Comptroller General of the \n United States and reports of interagency advisory \n groups, as applicable; and\n (B) ensure that the Animal and Plant Health \n Inspection Service has a national electronic system \n with real-time tracking capability for monitoring, \n tracking, and reporting inspection activities of the \n Service.\n (2) Federal and state cooperation.--\n (A) Communication system.--The Secretary shall \n develop and maintain an integrated, real-time \n communication system with respect to import and entry \n agricultural inspections to alert State departments of \n agriculture of significant inspection findings of the \n Animal and Plant Health Inspection Service.\n (B) Advisory committee.--\n (i) Establishment.--The Secretary shall \n establish a committee, to be known as the \n ``International Trade Inspection Advisory \n Committee'' (referred to in this subparagraph \n as the ``committee''), to advise the Secretary \n on policies and other issues relating to import \n and entry agricultural inspection.\n (ii) Model.--In establishing the committee, \n the Secretary shall use as a model the \n Agricultural Trade Advisory Committee.\n (iii) Membership.--The committee shall be \n composed of members representing--\n (I) State departments of \n agriculture;\n (II) directors of ports and \n airports in the United States;\n (III) the transportation industry;\n (IV) the public; and\n (V) such other entities as the \n Secretary determines to be appropriate.\n (3) Report.--Not less frequently than once each year, the \n Secretary shall submit to Congress a report containing an \n assessment of--\n (A) the resource needs for import and entry \n agricultural inspection, including the number of \n inspectors required;\n (B) the adequacy of--\n (i) inspection and monitoring procedures \n and facilities in the United States; and\n (ii) the strategic plan developed under \n subsection (e)(5)(B)(i); and\n (C) new and potential technologies and practices, \n including recommendations regarding the technologies \n and practices, to improve import and entry agricultural \n inspection.\n (4) Funding.--The Secretary shall pay the costs of each \n import and entry agricultural inspector employed by the Animal \n and Plant Health Inspection Service--\n (A) from amounts made available to the Department \n of Agriculture for the applicable fiscal year; or\n (B) if amounts described in subparagraph (A) are \n unavailable, from amounts of the Commodity Credit \n Corporation.\n (g) Effective Date.--The amendments made by this section take \neffect on the date that is 180 days after the date of enactment of this \nAct.\n\nSEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES.\n\n Whenever the Agricultural Policy Committee on Trade or the \nAgricultural Technical Advisory Committee on Trade in Fruits and \nVegetables, established under section 135 of the Trade Act of 1974, \nprovides any recommendations to the United States Trade Representative, \nthat committee shall at the same time provide those recommendations to \nthe Committee on Agriculture and the Committee on Ways and Means of the \nHouse of Representatives and to the Committee on Agriculture and the \nCommittee on Finance of the Senate.\n\nSEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE STAFFING LEVELS FOR \n MONITORING OTHER COUNTRIES' COMPLIANCE WITH TRADE \n AGREEMENTS.\n\n Not later than 60 days after the date of the enactment of this Act, \nthe Secretary of Agriculture shall submit to Congress a report--\n (1) evaluating the ability of the Foreign Agricultural \n Service to adequately monitor other countries' compliance with \n the terms of the Uruguay Round Agreements and the terms of \n other agreements (including NAFTA and other bilateral \n agreements) to ensure that the United States realizes the full \n benefits of these agreements as they relate to agricultural \n commodities; and\n (2) containing the recommending of the Secretary regarding \n whether current vacancies in the monitoring office of the \n Foreign Agricultural Service should be filled.\n\nSEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEMNIFICATION FOR \n UNSUBSIDIZED COMMODITIES.\n\n Not later than January 1, 2008, the Secretary of Agriculture shall \nsubmit to Congress a report evaluating the feasibility and cost of \nestablishing an indemnity program for exporters of articles classified \nunder chapters 7 and 8 of the Harmonized Tariff Schedule of the United \nStates that will provide compensation to those exporters when they \ncomply fully with United States export and foreign country import \nrequirements for the articles, but the articles are wrongfully denied \nentry into the foreign country.\n\nSEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES UNDER AGREEMENT ON \n AGRICULTURE.\n\n The United States Trade Representative shall propose in the Doha \nRound of negotiations conducted under the auspices of the World Trade \nOrganization that all articles classified under chapters 7 and 8 of the \nHarmonized Tariff Schedule of the United States be excluded from \ncoverage under article 13 of the Agreement on Agriculture referred to \nin section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. \n3511(d)(2)).\n\nSEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM.\n\n The Secretary of Agriculture shall establish and maintain a program \nof export credits that is, as nearly as may be, identical to the \nprogram administered under sections 1493.400 through 1493.530 of title \n7, Code of Federal Regulations, except that--\n (1) either an exporter to, or an importer in, a foreign \n place shall be eligible for a credit guarantee;\n (2) the guarantee shall be for a period of 45 days \n beginning on the date of issuance of the guarantee; and\n (3) the cost of the guarantee shall not exceed 45 cents for \n each $100 of coverage purchased.\n\nSEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET CREDIT PROGRAM.\n\n Section 1542 of the Food, Agriculture, Conservation, and Trade Act \nof 1990 (7 U.S.C. 5622 note) is amended--\n (1) in subsections (a) and (d)(1)(A)(i) by striking \n ``2007'' and inserting ``2013''; and\n (2) in subsections (a) and (d) (1)(H) by striking \n $10,000,000'' and inserting ``$20,000,000''.\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) NAFTA.--The term ``NAFTA'' means the North American \n Free Trade Agreement.\n (2) Uruguay round agreements.--The term ``Uruguay Round \n Agreements'' means the agreements referred to in section 101(d) \n of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).","summary":"United States Specialty Crop Export Opportunities Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to authorize the Secretary of Agriculture to regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. Directs the Secretary to: (1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service. And (2) make publicly available on an Internet website the status of all export petitions and an explanation of the sanitary or phytosanitary issues associated with each pending export petition, and information on the import requirements of foreign countries for fruits and vegetables. Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary to establish: (1) within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections, (2) a federal-state agricultural inspection communications system, (3) the International Trade Inspection Advisory Committee. And (4) a special export credit guarantee program. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend: (1) the promotion of agricultural exports to emerging markets program. And (2) the E. (Kika) de la Garza Agricultural Fellowship program.","title":"To provide for assistance to United States exporters of certain fruits and vegetables in order to ensure better access to foreign markets.","text_len":14909,"sum_len":1491} {"bill_id":"115_hr2048","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Eliminating Health Disparities \nAct of 2017''.\n\nSEC. 2. HEALTH DISPARITIES ELIMINATION STATE PLAN OPTION.\n\n Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is \namended by adding at the end the following:\n\n``SEC. 1947. HEALTH DISPARITIES ELIMINATION PROGRAM STATE PLAN OPTION.\n\n ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to \nstatewideness), section 1902(a)(10)(B) (relating to comparability), and \nany other provision of this title that the Secretary determines is \nnecessary to waive in order to implement this section, beginning fiscal \nyear 2018, a State, at its option as a State plan amendment, may \nestablish a Health Disparities Elimination Program for purposes of \nreducing health disparities among targeted populations in communities \nserved by qualified community health systems under which the State \nprovides incentive payments to qualified community health systems for \ninitiatives approved under subsection (c), if the State meets the \nrequirements specified in subsection (c).\n ``(b) State Plan Amendment.--Each State seeking a State plan \namendment under this section shall submit such amendment to the \nSecretary for approval. The Secretary shall approve any such amendment \nthat meets the requirements of subsection (c) and includes--\n ``(1) State goals for reducing health disparities through \n the Health Disparities Elimination Program to be established by \n the State;\n ``(2) any requirements for the development and approval of \n action plans described in subsection (c)(1);\n ``(3) eligibility criteria for any qualified community \n health system seeking to establish a health disparities \n elimination initiative (in this section referred to as an \n `initiative') pursuant to this section;\n ``(4) the methodology for determining the amount of \n incentive payments to be made to a qualified community health \n system through an initiative, based on the size of the target \n population to be served through the initiative and the \n potential of the initiative for reducing health disparities; \n and\n ``(5) the period during which initiatives may be \n implemented, in accordance with subsection (c)(3).\n ``(c) State Requirements.--The requirements specified in this \nsubsection with respect to a State are the following:\n ``(1) Health system action plan.--The State shall require \n that a qualified community health system submit an action plan \n for an initiative to the State agency with responsibility for \n administering the State plan under this title for approval that \n identifies--\n ``(A) the target population or populations to be \n served by the initiative;\n ``(B) specific, evidence-based projects that the \n system will undertake through the initiative to reduce \n health disparities for such population or populations;\n ``(C) targets and benchmarks associated with such \n projects that must be met in order to receive incentive \n payments pursuant to this section;\n ``(D) measures for evaluating the effectiveness of \n the initiative in reducing health disparities with \n respect to the goals established by the State pursuant \n to subsection (b)(1); and\n ``(E) the amount of any proposed initial incentive \n payments to be made pursuant to this section to support \n startup costs of the initiative.\n ``(2) Priority in selection of health systems for \n participation.--In selecting qualified community health systems \n to establish an initiative under a State plan amendment \n approved under this section, the State shall give priority to \n health systems--\n ``(A) that have submitted action plans (under \n paragraph (1)) that include the use of evidence-based \n interventions shown to reduce or eliminate health \n disparities;\n ``(B) that demonstrate the potential to have a high \n impact in the elimination of health disparities, \n improved health care access, improved health outcomes, \n or health care savings compared to the total incentive \n funding requested;\n ``(C) that have prior experience working on \n projects with the goal of reducing health disparities;\n ``(D) that demonstrate long-term commitment to \n providing health services to the target population or \n populations; and\n ``(E) with a demonstrated need for additional \n financial resources in order to strengthen and advance \n existing efforts of the health system to reduce health \n disparities.\n ``(3) Duration of action plan.--\n ``(A) In general.--The State may not approve an \n action plan submitted under paragraph (1) for a period \n exceeding 5 years.\n ``(B) Report.--At the end of any such period, the \n State shall require each participating qualified \n community health system to submit a report to the State \n describing the effectiveness of its initiative using \n the measures described in paragraph (1)(D).\n ``(C) Extension.--A State may extend the initiative \n of such health system upon approval of a new action \n plan to extend, improve, or expand the initiative, if \n the State determines that the initiative has proved \n effective, taking into account the report submitted \n under subparagraph (B).\n ``(d) State Report and Evaluation.--\n ``(1) In general.--A State with a State plan amendment \n approved under this section shall submit to the Secretary, in a \n time and manner to be specified by the Secretary--\n ``(A) an annual report on the progress of the \n Health Disparities Elimination Program of the State \n towards meeting the goals of the State described under \n subsection (b)(1); and\n ``(B) not less than once every 5 years, an \n evaluation of the effectiveness of the Health \n Disparities Elimination Program of the State.\n ``(2) Contents.--The evaluation described in paragraph \n (1)(B) shall include--\n ``(A) an assessment of the effectiveness of \n initiatives receiving incentive payments pursuant to \n this section during the period covered by the report in \n meeting the goals of the State described under \n subsection (b)(1); and\n ``(B) a description of the activities of such \n initiatives.\n ``(3) Publication.--The Secretary shall publish on the \n public Web site of the Centers for Medicare & Medicaid Services \n each evaluation submitted under paragraph (1)(B).\n ``(e) Funding.--\n ``(1) State funding.--\n ``(A) In general.--For the purpose of making \n allocations to States under subparagraph (C), there is \n appropriated for fiscal year 2018 and each subsequent \n fiscal year, out of any money in the Treasury not \n otherwise appropriated, an amount equal to one half of \n one percent of the total of the Federal share of \n expenditures with respect to all State plans under this \n title in the most recent fiscal year for which complete \n expenditure data is available.\n ``(B) Incentive payment fund.--The Secretary shall \n deposit all funds appropriated under subparagraph (A) \n into an incentive payment fund. Such funds shall remain \n available until expended.\n ``(C) Allocation among states.--Of the total amount \n appropriated for this section for a fiscal year, the \n Secretary shall, except as provided in subparagraph \n (D), allocate for such fiscal year to each State an \n amount in proportion to the ratio of--\n ``(i) the State's total expenditures under \n the State plan under this title in the most \n recent fiscal year for which complete \n expenditure data is available; to\n ``(ii) the sum of all States' total \n expenditures under all State plans under this \n title in the fiscal year described in clause \n (i).\n ``(D) Funds not used by the state.--If the \n Secretary determines, on the basis of information \n available on the first day of a fiscal year, that any \n allocation under subparagraph (C) to a State for such \n fiscal year will not be required because a State does \n not have a State plan amendment approved under \n subsection (b) for such fiscal year, then such State's \n allocation shall be treated as an unused allocation for \n such fiscal year and re-allocated in accordance with \n subparagraph (E)(i).\n ``(E) Qualifying states.--\n ``(i) Re-allocation to qualifying states.--\n In addition to the allocation available to a \n State under subparagraph (C), the Secretary \n shall allocate to each qualifying State for a \n fiscal year, out of the sum of unused \n allocations, as described in subparagraph (D), \n for such fiscal year, an amount in proportion \n to the ratio of--\n ``(I) each such State's total \n expenditures under the State plan under \n this title in the most recent fiscal \n year for which complete expenditure \n data is available; to\n ``(II) the sum of all such States' \n total expenditures under all State \n plans of such States under this title \n in the fiscal year described in \n subclause (I).\n ``(ii) Availability of funds.--Allocations \n made to a qualifying State under clause (i) and \n subparagraph (C) shall remain available until \n expended.\n ``(iii) Definitions.--In this section, the \n term `qualifying State' means a State with a \n State plan amendment approved under this \n section that--\n ``(I) has in effect an agreement \n with one or more qualified community \n health system initiatives; and\n ``(II) in any fiscal year other \n than the first fiscal year for which \n such State receives an allocation under \n subparagraph (C) that is not re-\n allocated under subparagraph (D), has a \n Health Disparities Elimination Program \n established under this section that, as \n determined by the Secretary, has made \n measurable progress towards meeting the \n State's goals, as described under \n subsection (b)(1), based on reports and \n evaluations submitted under subsection \n (d).\n ``(2) Payments.--\n ``(A) In general.--Subject to the provisions of \n this section, the Secretary shall pay to each State \n with a State plan amendment approved under this \n section, from its allocation under paragraph (1)(C) \n and, in the case of a qualifying State, from its \n allocation under paragraph (1)(E)(i), an amount for \n each quarter equal to 90 percent of the sum expended by \n the State in such quarter for incentive payments made \n to qualified community health systems for initiatives \n approved pursuant to this section.\n ``(B) Status of incentive payments.--Incentive \n payments made under a State plan amendment approved \n under this section shall not be considered payment for \n health care items or services and shall not count \n towards any limit with respect to the maximum amount of \n payments that may be made to a provider under the State \n plan under this title (or under a waiver of such plan).\n ``(f) Definitions.--In this section:\n ``(1) The term `health disparity' means a disparity in care \n provided to a health disparity population, as defined in \n section 903(d) of the Public Health Service Act (42 U.S.C. \n 299a-1(d)).\n ``(2) The term `qualified community health system' means--\n ``(A) a hospital described in a report submitted \n under section 1900(b)(6)(B)(ii)(III); or\n ``(B) an affiliated group of health care providers \n anchored by such hospital.\n ``(3) The term `State' means each of the several States and \n the District of Columbia.\n ``(4) The term `target population' means a population of \n individuals that has empirically experienced disparities in \n health care access and quality and shall not be limited by \n source of coverage or lack thereof.''.","summary":"Eliminating Health Disparities Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to allow a state to establish a Health Disparities Elimination Program, through which the state shall provide incentive payments to qualified community health systems for approved initiatives to reduce health disparities. In selecting qualified community health systems for participation, a state shall give priority to those that: (1) have included, in their required action plans, the use of evidence-based interventions, (2) have had relevant prior experience. And (3) demonstrate a long-term commitment to serving the target populations, a need for additional financial resources, and the potential for high impact relative to the amount of funding requested. Federal funding for program support shall be allocated based on each state's share of total federal Medicaid expenditures.","title":"Eliminating Health Disparities Act of 2017","text_len":14874,"sum_len":894} {"bill_id":"108_s2708","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Strategy for Homeland \nSecurity Act of 2004''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Commission.--The term ``Commission'' means the Homeland \n Security Strategy Commission established under section 4.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Homeland Security.\n (3) Strategy.--The term ``Strategy'' means the National \n Strategy for Homeland Security developed under this Act.\n\nSEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY.\n\n (a) Development and Submission of Strategy.--\n (1) Development.--The Secretary, under the direction of the \n President, and in collaboration with the Assistant to the \n President for Homeland Security and the Homeland Security \n Council, shall develop the National Strategy for Homeland \n Security for the detection, prevention, protection, response, \n and recovery with regard to terrorist threats to the United \n States.\n (2) Submission to congress.--\n (A) Initial submission.--Not later than December 1, \n 2005, and not later than December 1st of each year in \n which a President is inaugurated, the Secretary shall \n submit the Strategy to Congress.\n (B) Biennial update.--Not later than 2 years after \n each submission of the Strategy under subparagraph (A), \n the Secretary shall submit to Congress an updated \n version of the Strategy.\n (C) Progress reports.--Each year, in conjunction \n with the President's budget request, the Secretary \n shall provide an assessment of progress on implementing \n the Strategy, including the adequacy of resources to \n meet the objectives of the Strategy, and \n recommendations to improve and implement the Strategy.\n (3) Classified material.--Any part of the Strategy that \n involves information that is properly classified under criteria \n established by Executive Order shall be submitted to Congress \n separately in classified form.\n (b) Coordination With the Assistant to the President for Homeland \nSecurity.--The Secretary shall seek the assistance of the Assistant to \nthe President for Homeland Security and the Homeland Security Council \nto--\n (1) coordinate the input of Federal departments and \n agencies outside the Department of Homeland Security, which \n have homeland security responsibilities; and\n (2) work with the Secretary on all aspects of the Strategy.\n (c) Contents.--\n (1) In general.--The Strategy shall include--\n (A) a comprehensive statement of purpose, mission, \n and scope;\n (B) threat, vulnerability, and risk assessment and \n analysis, including an analysis of the threats and \n vulnerabilities regarding critical infrastructure, \n assets, and operations and a description of the role of \n the Homeland Security Institute in conducting such risk \n assessments;\n (C) a statement of desired end-states, including a \n hierarchy of strategic goals and subordinate \n objectives, as well as specific activities for \n achieving results and specific priorities, milestones, \n and performance measures to monitor progress toward \n goals;\n (D) an assessment of necessary resources and \n investments to achieve strategic goals, including the \n types of necessary resources involved and resource \n allocation mechanisms;\n (E) a delineation of organizational roles and \n responsibilities across the many entities involved in \n homeland security efforts, including--\n (i) the proper roles and responsibilities \n of State, local, private, and international \n sectors, and a designation of coordinating \n mechanisms; and\n (ii) other specific measures to enhance \n cooperative efforts between the Federal \n government and the sectors described in clause \n (i); and\n (F) an explanation of the relationship between the \n Strategy and other Federal strategies addressing \n terrorist threats, including how these strategies will \n be integrated, and details on subordinate strategies \n within the Department of Homeland Security regarding \n specific aspects of homeland security.\n (2) Additional contents.--In addition to the items listed \n in paragraph (1), the Strategy shall include--\n (A) policies and procedures to maximize the \n collection, translation, analysis, exploitation, and \n dissemination of information relating to combating \n terrorism and the homeland security response throughout \n the Federal government, and with State and local \n authorities, and, as appropriate, the private sector;\n (B) plans for countering chemical, biological, \n radiological, nuclear and explosive, and cyber threats;\n (C) plans for the coordination with, and \n integration of, the capabilities and assets of the \n United States military into all aspects of the \n Strategy, as appropriate;\n (D) plans for improving the resources of, \n coordination among, and effectiveness of, health and \n medical sectors for preventing, detecting, and \n responding to terrorist attacks on the homeland;\n (E) measures needed to enhance transportation \n security with respect to potential terrorist attacks, \n including aviation and non-aviation modes of \n transportation;\n (F) measures, based on the risk assessments under \n paragraph (1)(B), to identify and prioritize the need \n for protective and support measures for critical \n infrastructure and plans to secure these key assets;\n (G) an assessment of the Nation's ability to \n prevent, respond to, and recover from threatened and \n actual domestic terrorist attacks, and measures to \n enhance such preparedness across all levels of \n government and the private sector;\n (H) measures to secure the Nation's borders from \n terrorist threats, including agroterror, while \n continuing to facilitate the flow of legitimate goods \n and visitors;\n (I) plans for identifying, prioritizing, and \n meeting research and development objectives to support \n homeland security needs; and\n (J) plans for addressing other critical homeland \n security needs.\n (d) Cooperation.--At the request of the Secretary or the Assistant \nto the President for Homeland Security, Federal agencies shall provide \nnecessary information or planning documents relating to the Strategy.\n\nSEC. 4. NATIONAL HOMELAND SECURITY COMMISSION.\n\n (a) Establishment.--The Secretary shall establish a nonpartisan, \nindependent commission to be known as the Homeland Security Commission.\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 9 \n members, including a chair, who shall be appointed by the \n Secretary, in consultation with the chairman and ranking member \n of--\n (A) the Committee on Governmental Affairs of the \n Senate; and\n (B) the Select Committee on Homeland Security of \n the House of Representatives.\n (2) Qualifications.--Members of the Commission appointed \n under paragraph (1)--\n (A) shall be recognized experts in matters relating \n to the homeland security of the United States; and\n (B) shall not be officers or employees of the \n Federal Government.\n (3) Period of appointment.--Each member of the Commission \n shall be appointed to the Commission for an 18-month term, \n which shall begin on December 1, 2005.\n (4) Vacancies.--Any vacancy in the Commission shall not \n affect its powers, but shall be filled in the same manner as \n the original appointment.\n (5) Quorum.--A majority of the members of the Commission \n shall constitute a quorum, but a lesser number of members may \n hold hearings. A quorum is required to approve any report \n issued by the Commission, but a minority of members may submit \n an appendix to be included in such report.\n (c) Duties.--The Commission shall conduct an independent, \nalternative assessment of the optimal policies and programs to improve \nhomeland security against terrorist threats, including, to the extent \npracticable, an estimate of the funding required each fiscal year to \nsupport such policies and programs.\n (d) Compensation.--Each member of the Commission shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day, including \ntravel time, during which the member is engaged in the performance of \nthe duties of the Commission.\n (e) Travel Expenses.--Each member of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (f) Staff.--\n (1) In general.--The Chair of the Commission may, without \n regard to the civil service laws and regulations, appoint and \n terminate an executive director (subject to Commission \n confirmation) and such other additional personnel as may be \n necessary to enable the Commission to perform its duties.\n (2) Compensation.--The Chair of the Commission may fix the \n compensation of the executive director and other personnel \n without regard to chapter 51 and subchapter III of chapter 53 \n of title 5, United States Code, relating to the classification \n of positions and General Schedule pay rates, except that the \n rate of pay may not exceed the rate payable for level V of the \n Executive Schedule under section 5316 of such title.\n (3) Personnel as federal employees.--\n (A) In general.--The executive director and all \n employees of the Commission shall be employees under \n section 2015 of title 5, United States Code, for \n purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 \n of such title.\n (B) Members of commission.--Subparagraph (A) shall \n not apply to members of the Commission.\n (4) Detail of government employees.--Any Federal Government \n employee may be detailed to the Commission without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status or privilege.\n (g) Administrative Provisions.--\n (1) Use of mail and printing.--The Commission may use the \n United States mails and obtain printing and binding services in \n the same manner and under the same conditions as other \n departments and agencies of the Federal Government.\n (2) Support services.--The Secretary shall furnish the \n Commission any administrative and support services requested by \n the Commission.\n (3) Gifts.--The Commission may accept and dispose of gifts \n or donations of services or property.\n (h) Payment of Commission Expenses.--The compensation, travel \nexpenses, and per diem allowances of members and employees of the \nCommission shall be paid out of funds available to the Department for \nthe payment of compensation, travel allowances and per diem allowances, \nrespectively, of civilian employees of the Department. The other \nexpenses of the Commission shall be paid out of funds available to the \nDepartment for the payment of similar expenses incurred by the \nDepartment.\n (i) Report.--Not later than December 1, 2006, the Commission shall \nsubmit, to the committees referred to under subsection (b)(1), a report \nthat--\n (1) describes the activities, findings, and recommendations \n of the Commission; and\n (2) provides recommendations for legislation that the \n Commission considers appropriate.","summary":"National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter. And (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis, (2) a statement of desired end-states, (3) an assessment of necessary resources and investments. (4) a delineation of organizational roles and responsibilities across the many entities involved. And (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required.","title":"A bill to develop the National Strategy for Homeland Security, and for other purposes.","text_len":13549,"sum_len":1315} {"bill_id":"110_s2486","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HIV Nondiscrimination in Travel and \nImmigration Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Under Federal immigration law, prospective immigrants, \n foreign students, refugees, and tourists who are infected with \n the Human Immunodeficiency Virus (HIV) are prohibited from \n entering the United States. Applicants for permanent residence \n and refugee status are required to be tested for HIV infection.\n (2) Applicants for temporary admission as nonimmigrants, \n such as tourists and foreign students, are required to disclose \n their HIV status when applying for a visa. If questioned, such \n applicants may be required to undergo an HIV test.\n (3) The Secretary of Homeland Security may issue a waiver \n to the HIV prohibition, on a case-by-case basis, only to any \n HIV-positive individual who--\n (A)(i) applies for permanent admission as an \n immigrant;\n (ii) is the parent, spouse, unmarried son or \n daughter, or minor adopted child of a United States \n citizen or a permanent resident, or a refugee or asylee \n adjusting to immigrant status; and\n (iii) can establish that--\n (I) the danger to the public health of the \n United States created by the applicant's \n admission would be minimal;\n (II) the possibility of the spread of the \n infection created by the applicant's admission \n would be minimal; and\n (III) there would be no cost incurred by \n any level of government agency of the United \n States without the prior consent of that \n agency;\n (B)(i) applies for admission as a refugee;\n (ii) is eligible for admission for humanitarian \n purposes or to assure family unity, or whose admission \n is otherwise in the public interest; and\n (iii) meets the requirements described in \n subclauses (I) and (II) of subparagraph (A)(iii); or\n (C) applies for a short-term nonimmigrant visa, \n including--\n (i) a tourist who meets the requirements \n described in subclauses (I) through (III) of \n subparagraph (A)(iii) and intends to remain in \n the United States for less than 30 days; and\n (ii) a participant in a designated event, \n such as a conference or international sporting \n event and intends to remain in the United \n States for less than 10 days.\n (4) The travel and immigration ban on HIV-positive \n individuals--\n (A) was implemented in 1987 by regulations issued \n through the Public Health Service of the Department of \n Health and Human Services; and\n (B) requires HIV screening for all persons over 14 \n years of age who apply for an immigrant or nonimmigrant \n visa.\n (5) Section 212(a)(1)(A)(i) of the Immigration and \n Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) authorizes the \n Secretary of Health and Human Services to prescribe regulations \n to determine which diseases are considered ``communicable \n diseases of public health significance'' that would exclude \n noncitizens with such diseases from entering the United States.\n (6) In 1991, the Secretary of Health and Human Services, \n after conducting a public health analysis, proposed ending the \n HIV travel and immigration ban by removing HIV from the list of \n communicable diseases of public health significance. The \n proposal was eventually dropped due to opposition from the \n Congress.\n (7) In 1993, Congress revoked the authority of the \n Secretary of Health and Human Services to make a public health \n determination regarding HIV status as grounds for \n inadmissibility for potential foreign students, tourists, \n refugees, and immigrants to the United States by specifically \n designating ``infection with the etiologic agent for acquired \n immune deficiency syndrome'' as a communicable disease of \n public health significance under section 212(a)(1)(A)(i) of the \n Immigration and Nationality Act.\n (8) The United States is 1 of 13 countries with a law that \n bans travel and immigration for persons with HIV. The other \n countries are Armenia, Brunei, China, Iraq, Qatar, South Korea, \n Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and \n Sudan.\n (9) The HIV travel and immigration ban impacts thousands of \n prospective HIV-positive foreign students, tourists, refugees \n and immigrants who may be denied entry into the United States \n due solely to their HIV status.\n (10) The HIV travel and immigration ban may discourage some \n foreign students, refugees, and nonpermanent residents who are \n in the United States and who may be at risk of infection from \n seeking testing, treatment, or care for HIV\/AIDS.\n (11) The United Nations, the Joint United Nations Programme \n on HIV\/AIDS (UNAIDS), and the World Health Organization oppose \n any restrictions on travel and immigration for people living \n with HIV\/AIDS. The 2006 Consolidated Version of the United \n Nation's International Guidelines on HIV\/AIDS and Human Rights, \n produced jointly by the Office of the United Nations High \n Commissioner for Human Rights and UNAIDS, states ``There is no \n public health rationale for restricting liberty of movement or \n choice of residence on the grounds of HIV status. According to \n current international health regulations, the only disease \n which requires a certificate for international travel is yellow \n fever. Therefore, any restrictions on these rights based on \n suspected or real HIV status alone, including HIV screening of \n international travellers, are discriminatory and cannot be \n justified by public health concerns. . . . Where States \n prohibit people living with HIV from longer-term residency due \n to concerns about economic costs, States should not single out \n HIV\/AIDS, as opposed to comparable conditions, for such \n treatment and should establish that such costs would indeed be \n incurred in the case of the individual alien seeking residency. \n In considering entry applications, humanitarian concerns, such \n as family reunification and the need for asylum, should \n outweigh economic considerations.''.\n (12) On World AIDS Day, December 1, 2006, the President \n proposed streamlining the current waiver process for HIV-\n positive individuals seeking to enter the United States on \n short-term business or tourist visas for up to 60 days by \n granting them a categorical waiver. If implemented, the \n President's proposal would only affect the waiver process for \n short-term visitors, and would not affect HIV-positive \n individuals seeking permanent residence or nontourist visas.\n (13) There is no scientific evidence to support the claim \n that the HIV travel and immigration ban is an effective way to \n prevent the spread of HIV or that it provides any economic \n benefit by reducing costs to the public health care system.\n\nSEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.\n\n Section 212(a)(1)(A) of the Immigration and Nationality Act (8 \nU.S.C. 1182(a)(1)(A)) is amended--\n (1) in clause (i), by striking ``which shall include \n infection with the etiologic agent for acquired immune \n deficiency syndrome,''; and\n (2) by striking ``is inadmissibility'' and inserting ``is \n inadmissible''.\n\nSEC. 4. REVIEW OF TRAVEL AND IMMIGRATION REGULATIONS REGARDING HIV.\n\n (a) Review.--Not later than 15 days after the date of the enactment \nof this Act, the Secretary of Health and Human Services, in \nconsultation with the Secretary of Homeland Security, shall convene a \npanel of public health experts, including nongovernmental experts, to \nreview all policies regarding HIV as a communicable disease of public \nhealth significance under section 212(a)(1)(A)(i) of the Immigration \nand Nationality Act (8 U.S.C. 1182 (a)(1)(A)(i)), including--\n (1) the results of the last analysis of the policy \n conducted by the Public Health Service; and\n (2) a 60-day public comment period initiated after \n sufficient public notice in the Federal Register.\n (b) Report.--Not later than 90 days after initiating the review \nunder subsection (a), the Secretary of Health and Human Services, in \nconsultation with the Secretary of Homeland Security, shall--\n (1) make a determination regarding the continued listing of \n HIV as a communicable disease of public health significance \n under section 212(a)(1)(A)(i) of such Act;\n (2) submit a report to Congress containing the results of \n such review, including--\n (A) the determination reached by the review \n process;\n (B) the rationale for the determination;\n (C) the anticipated public health impact of the \n determination in relation to other communicable \n diseases;\n (D) the estimated costs of implementing the \n determination;\n (E) the names and affiliations of members of the \n review panel; and\n (F) a brief summary of the public comments; and\n (3) make the report described in paragraph (2) available to \n the public.","summary":"HIV Nondiscrimination in Travel and Immigration Act of 2007 - Amends the Immigration and Nationality Act to eliminate the human immunodeficiency virus (HIV) bar to US admission. Directs the Secretary of Health and Human Services to: (1) convene a panel of public health experts to review immigration policies regarding HIV as a communicable disease of public health significance. And (2) make a determination and report to Congress regarding the continued listing of HIV as a health-related ground for inadmissibility.","title":"A bill to remove a provision from the Immigration and Nationality Act that prohibits individuals with HIV from being admissible to the United States, and for other purposes.","text_len":10474,"sum_len":518} {"bill_id":"105_hr3896","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Information Technology Partnerships \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) There are more than 200,000 to 400,000 vacancies in \n various categories of information technology jobs.\n (2) From 1996 to 2005, more than 1,300,000 new computer \n scientists, engineers, and systems analysts will be required in \n the United States to fill vacant jobs, which equals 136,800 new \n workers per year.\n (3) Systems analysts will experience the largest job \n growth, accounting for a 103 percent increase in the number of \n new positions from 1996 (506,000) to 2005 (1,025,000).\n (4) The shortage of information technology workers \n transcends industries, affecting the manufacturing, service, \n transportation, health care, education, and government sectors. \n Within each sector, vacancies exist at all levels from aides \n and mechanics to programmers and designers.\n (5) The information technology worker shortage is having an \n adverse effect on the viability of businesses in the United \n States and on the Nation's competitiveness. Industry surveys \n report that half of industry executives cite the lack of \n workers skilled in technology as the number one obstacle to \n their company's growth. An additional 20 percent of industry \n executives identify the lack of information technology workers \n as a major obstacle to their company's growth.\n (6) A major factor affecting the short supply of \n information technology workers is the mismatch between what \n universities teach and what industry needs.\n (7) It is in the national interest to promote special \n initiatives which effectively educate and train our domestic \n workforce to keep pace with these expanding job opportunities.\n (8) Institutions of higher education have the capacity and \n resources to provide a role of oversight and technical \n assistance to a wide range of local entities, including \n community-based organizations, participating in a comprehensive \n education and training program for potential technology \n workers.\n (9) Higher education institutions must be responsive to the \n digital environment and expand both their outreach efforts and \n on-campus activities to train and certify individuals to close \n the information technology worker gap.\n\nSEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION \n AND EMPLOYMENT ASSISTANCE.\n\n (a) Grants Authorized.--The Secretary may make grants under this \nAct, in accordance with competitive criteria established by the \nSecretary, to institutions of higher education, in order to establish, \noversee the operation of, and provide technical assistance to, projects \ndescribed in subsection (b).\n (b) Projects.--Projects under this Act shall be projects \nimplemented by a community-based organization described in section 4, \nor by the institution of higher education receiving the grant, to \nprovide postsecondary information technology education and employment \nprocurement assistance to eligible individuals described in section 5.\n (c) Restrictions.--An institution of higher education shall be \neligible to receive only one grant under this Act, but may, subject to \nthe requirements of this Act, use the grant to enter into contracts \nwith more than one community-based organization. A community-based \norganization shall not be eligible to enter into a contract under this \nAct with more than one institution of higher education.\n (d) Period of Grant.--The provision of payments under a grant under \nthis Act shall not exceed 5 fiscal years and shall be subject to the \nannual approval of the Secretary and subject to the availability of \nappropriations for each fiscal year involved.\n\nSEC. 4. COMMUNITY-BASED ORGANIZATIONS.\n\n (a) In General.--Subject to subsection (b), a community-based \norganization described in this section is an entity that, at the time \nthe entity enters into a contract with an institution of higher \neducation for a project under this Act, and throughout the duration of \nthat contract--\n (1) is--\n (A) a governmental agency; or\n (B) an organization described in section 501(c)(3) \n of the Internal Revenue Code of 1986 and exempt from \n tax under section 501(a) of such Code; and\n (2) is one of the following:\n (A) A local partnership (as defined in section 4 of \n the School-to-Work Opportunities Act of 1994) receiving \n a grant under section 302 of such Act.\n (B) An entity organized and operated for religious \n purposes.\n (C) An entity furnishing school-age child care \n services after school.\n (D) A community-based computer center.\n (E) An entity furnishing adult education.\n (F) A library.\n (G) A museum.\n (H) Any other entity organized and operated for \n cultural, literary, or educational purposes.\n (b) Limitation.--An entity shall not be considered a community-\nbased organization described in this section unless, at the time the \nentity enters into a contract with an institution of higher education \nfor a project under this Act, it has demonstrated to the satisfaction \nof the Secretary that--\n (1) it has the capacity successfully to recruit eligible \n individuals described in section 5 for participation in a \n project described in section 3, consistent with the enrollment \n requirements in section 6(b)(5);\n (2) it is providing an educational service, social service, \n or employment procurement service; and\n (3) in the case of an entity that independently manages its \n own finances, it has been in existence 2 years or more.\n\nSEC. 5. ELIGIBLE INDIVIDUALS.\n\n An eligible individual described in this section is an individual \nwho--\n (1) has submitted a satisfactory application to receive \n postsecondary information technology education and employment \n procurement assistance through a project under this Act; and\n (2) has a certificate of graduation from a school providing \n secondary education, or the recognized equivalent of such a \n certificate.\n\nSEC. 6. DUTIES.\n\n (a) Institutions of Higher Education.--An institution of higher \neducation receiving a grant under this Act shall use the funds provided \nunder the grant to carry out the following duties:\n (1) Final selection of community-based organizations \n described in section 4 desiring to provide, at one or more \n sites, in accordance with a contract with the institution of \n higher education and this Act, postsecondary information \n technology education and employment procurement assistance to \n eligible individuals described in section 5.\n (2) Entering into a contract with each community-based \n organization selected under paragraph (1) under which the \n institution and the organization agree to carry out the duties \n respectively required of them under this Act with respect to \n each site described in paragraph (1).\n (3) With respect to each site described in paragraph (1)--\n (A) provision of such funding for the establishment \n and initial operation of the site as was specified in \n the grant application submitted by the institution to \n the Secretary;\n (B) approval of final site selection and \n preparation;\n (C) initial orientation and training of personnel \n employed to manage and operate the site;\n (D) design and certification of the instructional \n and academic programs, and oversight of the \n implementation of the programs;\n (E) oversight of equipment purchases and contracts \n for equipment maintenance; and\n (F) selection of an outside contractor for periodic \n evaluation of the management and operation of the site.\n (b) Community-Based Organizations.--\n (1) In general.--A community-based organization \n implementing a project under this Act with an institution of \n higher education, at one or more sites, shall carry out the \n duties described in this subsection, with respect to each such \n site, subject to the oversight and guidance of the institution.\n (2) General duties.--The organization--\n (A) shall undertake final site selection and \n preparation;\n (B) shall recruit and hire a site director;\n (C) shall carry out any supplementary \n instructional, academic, or educational activities \n specified in the contract with the institution of \n higher education that are not described in paragraph \n (4);\n (D) shall assemble an advisory committee composed \n of individuals residing in the community in which the \n site is located, as well as industry representatives, \n who desire to assist the organization in ensuring that \n the goals of the organization are consistent with the \n goals and needs of the community population;\n (E) shall provide to the institution other evidence \n of volunteer support from individuals residing in the \n community in which the site is located and industry \n representatives;\n (F) shall recruit eligible individuals for \n enrollment, subject to paragraph (5);\n (G) shall maintain waiting lists of eligible \n individuals desiring to enroll in the project's \n programs;\n (H) shall provide career counseling to eligible \n individuals enrolled in the project's programs; and\n (I) shall provide job and internship information \n and placement, employer contacts, and other forms of \n employment procurement assistance to eligible \n individuals enrolled in the project's programs.\n (3) Site requirements.--The organization shall ensure that \n each site--\n (A) has a minimum of 20 fully functioning computers \n with sufficient capacity to perform all of the computer \n operations that are the subject of the curriculum \n specified in paragraph (4);\n (B) in addition to the space for the computers \n described in subparagraph (A), has--\n (i) a classroom space with the capacity for \n seating a minimum of 30 students;\n (ii) a space in which to conduct the \n required career and employment counseling \n functions specified in paragraph (2); and\n (iii) a separate office for the site \n director;\n (C) is real property subject to the control of the \n organization or the institution, through a lease or \n other legal instrument, for a period of not less than 5 \n years;\n (D) is open to enrolled individuals not less than \n 12 hours per day; and\n (E) is located within walking distance of public \n transportation.\n (4) Information technology curriculum.--\n (A) In general.--The organization shall ensure that \n each site offers enrollees a curriculum that includes a \n broad range of course work that will assist them in \n qualifying for employment in the field of information \n technology.\n (B) Courses leading to certification.--Such \n curriculum shall include course work leading to a \n certification of competence in areas of information \n technology recognized by the National Skill Standards \n Board established under the National Skill Standards \n Act of 1994.\n (C) Specific courses.--The computer training \n offered shall include courses in basic computer \n competence, on-the-job upgrade assistance, and advanced \n computer competence.\n (5) Enrollment requirements.--The organization shall ensure \n that its enrollment of eligible individuals at each site is \n consistent with the following:\n (A) Not less than 50 percent of the eligible \n individuals shall be, at the time of enrollment, \n individuals--\n (i) to whom a credit was allowed under \n section 32 of the Internal Revenue Code of 1986 \n for the preceding taxable year;\n (ii) who are recipients of assistance under \n a State program funded under part A of title IV \n of the Social Security Act;\n (iii) who are a member of a household \n participating in the food stamp program; or\n (iv) who are considered low-income pursuant \n to regulations promulgated by the Secretary \n under this Act.\n (B) Not less than 50 percent of the eligible \n individuals shall be, at the time of enrollment, under \n 25 years of age.\n (C) No prerequisite relating to net worth, income, \n or assets may be applied to any eligible individual \n who, at the time of enrollment, is over 50 years of \n age, except that this requirement shall not be \n construed to supersede subparagraph (A).\n\nSEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS.\n\n The Secretary may make a grant under this Act to an institution of \nhigher education that desires to implement a project under this Act \nwithout the participation of a community-based organization described \nin section 4, if the institution agrees to carry out all of the duties \nrequired of such an organization under this Act, in addition to the \nduties otherwise required of an institution of higher education. The \nSecretary shall, in awarding grants under this Act, give priority to \ninstitutions of higher education whose grant application includes an \nassurance that the institution will contract with one or more \ncommunity-based organizations in accordance with this Act.\n\nSEC. 8. APPLICATIONS.\n\n To apply for a grant under this Act for any fiscal year, an \ninstitution of higher education shall submit an application to the \nSecretary in accordance with the procedures established by the \nSecretary. The application shall specify the institution's preliminary \nselections for the community-based organizations (if any) with which \nthe institution proposes to contract, and shall include information \nwith respect to preliminary site selections.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$100,000,000 for fiscal year 1999 and such sums as may be necessary for \neach of the 4 succeeding fiscal years.\n\nSEC. 10. DEFINITIONS.\n\n For purposes of this Act:\n (1) Adult education.--The term ``adult education'' has the \n meaning given such term in section 312 of the Adult Education \n Act.\n (2) Community-based computer center.--The term ``community-\n based computer center'' means a computer center--\n (A) funded by both the Federal Government and at \n least one private sector entity;\n (B) located in a low-income community (as \n determined by the Secretary); and\n (C) organized and operated for the purpose of \n providing families with access to computer resources \n that otherwise would not be available to them.\n (3) Food stamp program.--The term ``food stamp program'' \n has the meaning given such term in section 3(h) of the Food \n Stamp Act of 1977.\n (4) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 1201 of the Higher Education Act of 1965.\n (5) Library.--The term ``library'' has the meaning given \n such term in section 213 of the Library Services and Technology \n Act.\n (6) Museum.--The term ``museum'' has the meaning given such \n term in section 272 of the Museum and Library Services Act.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Education.","summary":"Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects. Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants. Makes applicants eligible for such project assistance if they have a high school diploma or equivalent. Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations, (2) project sites, (3) information technology curricula. And (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25. Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations. But gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations. Authorizes appropriations.","title":"Information Technology Partnerships Act","text_len":17695,"sum_len":1194} {"bill_id":"115_s1185","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Illegal Trafficking in Firearms \nAct of 2017''.\n\nSEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.\n\n (a) In General.--Chapter 44 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 932. Straw purchasing of firearms\n ``(a) Definitions.--For purposes of this section--\n ``(1) the term `crime of violence'--\n ``(A) has the meaning given that term in section \n 924(c)(3); and\n ``(B) includes a felony offense under the laws of a \n State that meets the criteria described in subparagraph \n (A) or (B) of such section 924(c)(3);\n ``(2) the term `drug trafficking crime'--\n ``(A) has the meaning given that term in section \n 924(c)(2); and\n ``(B) includes a felony punishable under the law of \n a State for which the conduct constituting the offense \n would constitute a felony punishable under the \n Controlled Substances Act (21 U.S.C. 801 et seq.), the \n Controlled Substances Import and Export Act (21 U.S.C. \n 951 et seq.), or chapter 705 of title 46;\n ``(3) the term `Federal crime of terrorism' has the meaning \n given that term in section 2332b(g)(5); and\n ``(4) the term `purchase' includes the receipt of any \n firearm by a person who does not own the firearm--\n ``(A) by way of pledge or pawn as security for the \n payment or repayment of money; or\n ``(B) on consignment.\n ``(b) Violation.--It shall be unlawful for any person (other than a \nlicensed importer, licensed manufacturer, licensed collector, or \nlicensed dealer) to knowingly purchase, or attempt or conspire to \npurchase, any firearm in or otherwise affecting interstate or foreign \ncommerce--\n ``(1) from a licensed importer, licensed manufacturer, \n licensed collector, or licensed dealer for, on behalf of, or at \n the request or demand of any other person, known or unknown; or\n ``(2) from any person who is not a licensed importer, \n licensed manufacturer, licensed collector, or licensed dealer \n for, on behalf of, or at the request or demand of any other \n person, known or unknown, knowing or having reasonable cause to \n believe that such other person--\n ``(A) is under indictment for, or has been \n convicted in any court of, a crime punishable by \n imprisonment for a term exceeding 1 year;\n ``(B) is a fugitive from justice;\n ``(C) is an unlawful user of or addicted to any \n controlled substance (as defined in section 102 of the \n Controlled Substances Act (21 U.S.C. 802));\n ``(D) has been adjudicated as a mental defective or \n has been committed to any mental institution;\n ``(E) is an alien who--\n ``(i) is illegally or unlawfully in the \n United States; or\n ``(ii) except as provided in section \n 922(y)(2), has been admitted to the United \n States under a nonimmigrant visa (as that term \n is defined in section 101(a)(26) of the \n Immigration and Nationality Act (8 U.S.C. \n 1101(a)(26)));\n ``(F) has been discharged from the Armed Forces \n under dishonorable conditions;\n ``(G) having been a citizen of the United States, \n has renounced his or her citizenship;\n ``(H) is subject to a court order that restrains \n such person from harassing, stalking, or threatening an \n intimate partner of such person or child of such \n intimate partner or person, or engaging in other \n conduct that would place an intimate partner in \n reasonable fear of bodily injury to the partner or \n child, except that this subparagraph shall only apply \n to a court order that--\n ``(i) was issued after a hearing of which \n such person received actual notice, and at \n which such person had the opportunity to \n participate; and\n ``(ii)(I) includes a finding that such \n person represents a credible threat to the \n physical safety of such intimate partner or \n child; or\n ``(II) by its terms explicitly prohibits \n the use, attempted use, or threatened use of \n physical force against such intimate partner or \n child that would reasonably be expected to \n cause bodily injury;\n ``(I) has been convicted in any court of a \n misdemeanor crime of domestic violence;\n ``(J)(i) does not reside in any State; and\n ``(ii) is not a citizen or lawful permanent \n resident of the United States;\n ``(K) intends to sell or otherwise dispose of the \n firearm to a person described in any of subparagraphs \n (A) through (J); or\n ``(L) intends to--\n ``(i) use, carry, possess, or sell or \n otherwise dispose of the firearm in furtherance \n of a Federal crime of terrorism, a crime of \n violence, or a drug trafficking crime; or\n ``(ii) export the firearm in violation of \n law.\n ``(c) Penalty.--\n ``(1) In general.--Except as provided in paragraph (2), any \n person who violates subsection (b) shall be fined under this \n title, imprisoned for not more than 15 years, or both.\n ``(2) Use in crimes of violence.--If a violation of \n subsection (b) is committed knowing or with reasonable cause to \n believe that any firearm involved will be used to commit a \n crime of violence, the person shall be sentenced to a term of \n imprisonment of not more than 25 years.\n ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm \nthat is lawfully purchased by a person--\n ``(1) to be given as a bona fide gift to a recipient who \n provided no service or tangible thing of value to acquire the \n firearm;\n ``(2) to be given to a bona fide winner of an organized \n raffle, contest, or auction conducted in accordance with law \n and sponsored by a national, State, or local organization or \n association;\n ``(3) to be given as a bona fide gratuity to a hunting \n guide;\n ``(4) to be given as a bona fide bonus to an employee as \n the result of lawful services performed in the course of an \n employment relationship; or\n ``(5) to be given as a bona fide commemorative award or \n honorarium,\nunless the purchaser knows or has reasonable cause to believe the \nrecipient of the firearm is prohibited by Federal law from possessing, \nreceiving, selling, shipping, transporting, transferring, or otherwise \ndisposing of the firearm.\n``Sec. 933. Trafficking in firearms\n ``(a) In General.--It shall be unlawful for any person to--\n ``(1) ship, transport, transfer, cause to be transported, \n or otherwise dispose of any firearm to another person in or \n otherwise affecting interstate or foreign commerce, if such \n person knows or has reasonable cause to believe that the use, \n carrying, or possession of a firearm by the recipient would be \n in violation of any Federal or State law punishable by a term \n of imprisonment exceeding 1 year;\n ``(2) receive from another person any firearm in or \n otherwise affecting interstate or foreign commerce, if the \n recipient knows or has reasonable cause to believe that such \n receipt would be in violation of any Federal or State law \n punishable by a term of imprisonment exceeding 1 year; or\n ``(3) attempt or conspire to commit the conduct described \n in paragraph (1) or (2).\n ``(b) Penalty.--Any person who violates subsection (a) shall be \nfined under this title, imprisoned for not more than 15 years, or both.\n``Sec. 934. Forfeiture and fines\n ``(a) Forfeiture.--\n ``(1) In general.--Any person convicted of a violation of \n section 932 or 933 shall forfeit to the United States, \n irrespective of any provision of State law--\n ``(A) any property constituting, or derived from, \n any proceeds the person obtained, directly or \n indirectly, as the result of such violation; and\n ``(B) any of the person's property used, or \n intended to be used, in any manner or part, to commit, \n or to facilitate the commission of, such violation, \n except that for any forfeiture of any firearm or \n ammunition pursuant to this section, section 924(d) \n shall apply.\n ``(2) Imposition.--The court, in imposing sentence on a \n person convicted of a violation of section 932 or 933, shall \n order, in addition to any other sentence imposed pursuant to \n section 932 or 933, that the person forfeit to the United \n States all property described in paragraph (1).\n ``(b) Fines.--A defendant who derives profits or other proceeds \nfrom an offense under section 932 or 933 may be fined not more than the \ngreater of--\n ``(1) the fine otherwise authorized by this part; or\n ``(2) the amount equal to twice the gross profits or other \n proceeds of the offense under section 932 or 933.''.\n (b) Title III Authorization.--Section 2516(1)(n) of title 18, \nUnited States Code, is amended by striking ``sections 922 and 924'' and \ninserting ``section 922, 924, 932, or 933''.\n (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United \nStates Code, is amended by inserting ``section 932 (relating to straw \npurchasing), section 933 (relating to trafficking in firearms),'' \nbefore ``section 1028''.\n (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, \nUnited States Code, is amended by striking ``section 924(n)'' and \ninserting ``section 924(n), 932, or 933''.\n (e) Directive to Sentencing Commission.--Pursuant to its authority \nunder section 994 of title 28, United States Code, and in accordance \nwith this section, the United States Sentencing Commission shall review \nand amend its guidelines and policy statements to ensure that persons \nconvicted of an offense under section 932 or 933 of title 18, United \nStates Code, and other offenses applicable to the straw purchases and \nfirearms trafficking of firearms are subject to increased penalties in \ncomparison to those currently provided by the guidelines and policy \nstatements for such straw purchasing and firearms trafficking offenses. \nIn its review, the Commission shall consider, in particular, an \nappropriate amendment to reflect the intent of Congress that straw \npurchasers without significant criminal histories receive sentences \nthat are sufficient to deter participation in such activities. The \nCommission shall also review and amend its guidelines and policy \nstatements to reflect the intent of Congress that a person convicted of \nan offense under section 932 or 933 of title 18, United States Code, \nwho is affiliated with a gang, cartel, organized crime ring, or other \nsuch enterprise should be subject to higher penalties than an otherwise \nunaffiliated individual.\n (f) Technical and Conforming Amendment.--The table of sections for \nchapter 44 of title 18, United States Code, is amended by adding at the \nend the following:\n\n``932. Straw purchasing of firearms.\n``933. Trafficking in firearms.\n``934. Forfeiture and fines.''.\n\nSEC. 3. AMENDMENTS TO SECTION 922(D).\n\n Section 922(d) of title 18, United States Code, is amended--\n (1) in paragraph (8), by striking ``or'' at the end;\n (2) in paragraph (9), by striking the period at the end and \n inserting a semicolon; and\n (3) by striking the matter following paragraph (9) and \n inserting the following:\n ``(10) intends to sell or otherwise dispose of the firearm \n or ammunition to a person described in any of paragraphs (1) \n through (9); or\n ``(11) intends--\n ``(A) to sell or otherwise dispose of the firearm \n or ammunition in furtherance of a Federal crime of \n terrorism, a crime of violence, or a drug trafficking \n offense, as such terms are defined in section 932(a); \n or\n ``(B) to export the firearm or ammunition in \n violation of law.\nThis subsection shall not apply with respect to the sale or disposition \nof a firearm or ammunition to a licensed importer, licensed \nmanufacturer, licensed dealer, or licensed collector who pursuant to \nsubsection (b) of section 925 is not precluded from dealing in firearms \nor ammunition, or to a person who has been granted relief from \ndisabilities pursuant to subsection (c) of section 925.''.\n\nSEC. 4. AMENDMENTS TO SECTION 924(A).\n\n Section 924(a) of title 18, United States Code, is amended--\n (1) in paragraph (2), by striking ``(d), (g),''; and\n (2) by adding at the end the following:\n ``(8) Whoever knowingly violates subsection (d) or (g) of section \n922 shall be fined under this title, imprisoned for not more than 15 \nyears, or both.''.\n\nSEC. 5. AMENDMENTS TO SECTION 924(D).\n\n Section 924(d) of title 18, United States Code, is amended--\n (1) in paragraph (1), by inserting ``932, or 933,'' after \n ``section 924,''; and\n (2) in paragraph (3)--\n (A) in subparagraph (E), by striking ``and'' at the \n end;\n (B) in subparagraph (F), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(G) any offense under section 932 or 933.''.\n\nSEC. 6. AMENDMENTS TO SECTION 924(H).\n\n Section 924 of title 18, United States Code, is amended by striking \nsubsection (h) and inserting the following:\n ``(h)(1) Whoever knowingly receives or transfers a firearm or \nammunition, or attempts or conspires to do so, knowing or having \nreasonable cause to believe that such firearm or ammunition will be \nused to commit a Federal crime of terrorism, a crime of violence, or a \ndrug trafficking crime (as such terms are defined in section 932(a)), \nor a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), \nthe International Emergency Economic Powers Act (50 U.S.C. 1701 et \nseq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 \net seq.), shall be fined under this title, imprisoned for not more than \n15 years, or both.\n ``(2) No term of imprisonment imposed on a person under this \nsubsection shall run concurrently with any term of imprisonment imposed \non the person under section 932.''.\n\nSEC. 7. AMENDMENTS TO SECTION 924(K).\n\n Section 924 of title 18, United States Code, is amended by striking \nsubsection (k) and inserting the following:\n ``(k)(1) A person who smuggles or knowingly brings into the United \nStates a firearm or ammunition, or attempts or conspires to do so, with \nintent to engage in or to promote conduct that--\n ``(A) is punishable under the Controlled Substances Import \n and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title \n 46; or\n ``(B) constitutes a Federal crime of terrorism, a crime of \n violence, or a drug trafficking crime (as such terms are \n defined in section 932(a)),\nshall be fined under this title, imprisoned for not more than 15 years, \nor both.\n ``(2) A person who smuggles or knowingly takes out of the United \nStates a firearm or ammunition, or attempts or conspires to do so, with \nintent to engage in or to promote conduct that--\n ``(A) would be punishable under the Controlled Substances \n Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 \n of title 46, if the conduct had occurred within the United \n States; or\n ``(B) would constitute a Federal crime of terrorism or a \n crime of violence (as such terms are defined in section 932(a)) \n for which the person may be prosecuted in a court of the United \n States, if the conduct had occurred within the United States,\nshall be fined under this title, imprisoned for not more than 15 years, \nor both.''.\n\nSEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS.\n\n The Department of Justice, and any of its law enforcement \ncoordinate agencies, shall not conduct or otherwise facilitate the \ntransfer of an operable firearm to an individual if any law enforcement \nofficer employed by the Department of Justice involved with the \ntransfer knows or has reasonable cause to believe that the recipient of \nthe firearm is an agent of a drug cartel, unless law enforcement \npersonnel of the United States continuously monitor or control the \nfirearm at all times.\n\nSEC. 9. RULE OF CONSTRUCTION.\n\n Nothing in this Act, or an amendment made by this Act, shall be \nconstrued to allow the establishment of a Federal system of \nregistration of firearms, firearms ownership, or firearms transactions \nor dispositions.","summary":"Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person. (2) to sell or transfer a firearm to further a crime of violence, a federal crime of terrorism, or a drug trafficking offense. Or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises existing prohibitions on: (1) transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense. And (2) smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of and increases the maximum prison term for violating the prohibitions. The bill also makes it a crime to smuggle a firearm or ammunition out of the United States, or to conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence, a federal crime of terrorism, or a drug trafficking offense. Finally, the bill prohibits the Department of Justice, or its law enforcement coordinate agencies, from facilitating the transfer of an operable firearm to a known or suspected agent of drug cartel, unless US law enforcement personnel continuously monitor or control the firearm.","title":"Stop Illegal Trafficking in Firearms Act of 2017","text_len":18249,"sum_len":1598} {"bill_id":"111_hr6519","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Railroad Hours of Service Act of \n2010''.\n\nSEC. 2. REDESIGNATIONS.\n\n Chapter 211 of title 49, United States Code, is amended by \nredesignating sections 21101 through 21109 as sections 21102 through \n21110, respectively.\n\nSEC. 3. PURPOSE.\n\n Chapter 211 of title 49, United States Code, is further amended by \ninserting before section 21102 (as so redesignated by section 2 of this \nAct) the following:\n``Sec. 21101. Purpose\n ``Railroad employees covered by this chapter shall be provided \npredictable and defined work and rest periods.''.\n\nSEC. 4. DEFINITIONS.\n\n Section 21102 (as so redesignated by section 2 of this Act) of \nchapter 211 of title 49, United States Code, is amended--\n (1) in paragraph (5), by inserting ``and yardmaster \n employee'' before the period; and\n (2) by adding at the end the following:\n ``(6) `yardmaster employee' means an employee who \n supervises and coordinates the activities of workers engaged in \n railroad traffic operations, including making up or breaking up \n trains and switching inbound or outbound traffic.''.\n\nSEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE \n REGIME.\n\n Section 21103(c) (as so redesignated by section 2 of this Act) of \nchapter 211 of title 49, United States Code is amended--\n (1) in paragraph (1)(A), by striking ``21109(b)'' and \n inserting ``21110(b)'';\n (2) in paragraph (3), by striking ``21109(b)'' and \n inserting ``21110(b)'';\n (3) by striking subparagraph (C) of paragraph (4);\n (4) by redesignating subparagraph (D) of paragraph (4) as \n subparagraph (B); and\n (5) by striking ``new section 21103'' each place it appears \n and inserting ``section 21104''.\n\nSEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.\n\n Section 21104 (as so redesignated by section 2 of this Act) of \nchapter 211 of title 49, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (3)--\n (i) by striking ``remain or go on duty \n unless'' and inserting ``initiate an on duty \n period unless''; and\n (ii) by striking ``during the prior 24 \n hours; or'' and inserting ``immediately prior \n to going on duty; or'';\n (B) in paragraph (4)(A)--\n (i) in clause (i), by striking ``work'' and \n inserting ``initiate an on duty period''; and\n (ii) in clause (ii), by striking ``works'' \n and inserting ``initiates an on duty period \n on''; and\n (C) in the matter after paragraph (4) by inserting \n ``For purposes of paragraph (4)(A) and (B), within 12 \n months after the date of enactment of the Railroad \n Hours of Service Act of 2010, the Secretary shall \n prescribe regulations to require all deadhead \n transportation in excess of a specific number of hours \n to be counted as time on duty and shall reset the \n calendar day clock.'' before ``The Secretary may \n waive'';\n (2) in subsection (b)(7), by striking ``when the employee \n is prevented'' and all that follows through ``employee left the \n designated terminal.'' and inserting ``. A train employee shall \n be notified before going off duty whether such period off duty \n is an interim release.''; and\n (3) in subsection (c)(1)--\n (A) in subparagraph (A)(ii), by striking ``and'' at \n the end;\n (B) in subparagraph (B)(ii), by striking ``21109.'' \n and inserting ``21110; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(C) to exceed 2 hours in deadhead transportation \n per each tour of duty.''.\n\nSEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.\n\n Section 21105 (as so redesignated by section 2 of this Act) of \nchapter 211 of title 49, United States Code, is amended--\n (1) in subsection (b)(2), by inserting ``, including all \n work where there is a potential to interact or otherwise come \n into contact with safety-critical devices or circuits,'' before \n ``is time on duty'';\n (2) in subsection (e), by adding at the end the following: \n ``Signal employees operating motor vehicles requiring a \n commercial driver's license while on duty shall be considered \n covered service.''; and\n (3) by adding at the end the following new subsection:\n ``(f) Safety-Critical Devices or Circuits.--Time on duty shall \ninclude all work where there is a potential to interact or otherwise \ncome into contact with safety-critical devices or circuits.''.\n\nSEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND \n YARDMASTER EMPLOYEES.\n\n Section 21106 (as so redesignated by section 2 of this Act) of \nchapter 211 of title 49, United States Code, is amended--\n (1) in the section heading by inserting ``and yardmaster \n employees'' after ``service employees'';\n (2) in subsection (a)--\n (A) by striking ``21103 or 21104'' and inserting \n ``21104 or 21105''; and\n (B) by inserting ``or yardmaster employee'' after \n ``service employee'';\n (3) in subsection (b), by inserting ``or yardmaster \n employee'' after ``a dispatching service employee'';\n (4) in subsection (c), by adding at the end the following: \n ``All commingle service involving yardmaster service and \n dispatcher service mixing with freight service shall be covered \n under the provisions of section 21104.''; and\n (5) in subsection (d), by inserting ``or yardmaster \n employee'' after ``dispatching service employee''.\n\nSEC. 9. CLERICAL AMENDMENT.\n\n Chapter 211 of title 49, United States Code, is further amended by \namending the table of sections at the beginning of the chapter to read \nas follows:\n\n``Sec.\n``21101. Purpose.\n``21102. Definitions.\n``21103. Nonapplication, exemption, and alternate hours of service \n regime.\n``21104. Limitations on duty hours of train employees.\n``21105. Limitations on duty hours of signal employees.\n``21106. Limitations on duty hours of dispatching service employees and \n yardmaster employees.\n``21107. Limitations on employee sleeping quarters.\n``21108. Maximum duty hours and subjects of collective bargaining.\n``21109. Pilot projects.\n``21110. Regulatory authority.''.","summary":"Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty. And (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation that applies to the hours of dispatching service employees in an emergency.","title":"To amend title 49, United States Code, with respect to hours of service rules for railroad employees.","text_len":7046,"sum_len":2405} {"bill_id":"105_hr2980","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Beverage Container \nRecycling Initiative Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The failure to reuse and recycle empty beverage \n containers represents a significant and unnecessary waste of \n important national energy and material resources.\n (2) The littering of empty beverage containers constitutes \n a public nuisance, safety hazard, and aesthetic blight and \n imposes on public agencies, private businesses, farmers, and \n landowners unnecessary costs for the collection and removal of \n the containers.\n (3) Solid waste resulting from the empty beverage \n containers constitutes a significant proportion of municipal \n solid waste and increases the cost and problems of effectively \n managing the disposal of the waste.\n (4) It is difficult for local communities to raise the \n necessary capital to initiate comprehensive recycling programs.\n (5) The reuse and recycling of empty beverage containers \n would help eliminate unnecessary burdens on individuals, local \n governments, and the environment.\n (6) Several States have previously enacted and implemented \n State laws designed to protect the environment, conserve energy \n and material resources, and promote resource recovery of waste \n by requiring a refund value on the sale of all beverage \n containers.\n (7) The laws referred to in paragraph (6) have proven \n inexpensive for government to administer and effective at \n reducing financial burdens on communities by internalizing the \n cost of recycling and litter control to the producers and \n consumers of beverages.\n (8) A national system for requiring a refund value on the \n sale of all beverage containers would act as a positive \n incentive to individuals to clean up the environment and \n would--\n (A) result in a high level of reuse and recycling \n of the containers; and\n (B) help reduce the costs associated with solid \n waste management.\n (9) A national system for requiring a refund value on the \n sale of all beverage containers would result in significant \n energy conservation and resource recovery.\n (10) The reuse and recycling of empty beverage containers \n would eliminate unnecessary waste management burdens on the \n Federal Government, State and local governments, and the \n environment.\n (11) The collection of unclaimed refunds from a national \n system of beverage container recycling would provide the \n resources necessary to assist comprehensive reuse and recycling \n programs throughout the United States.\n (12) A national system of beverage container recycling is \n consistent with the intent of the Solid Waste Disposal Act (42 \n U.S.C. 6901 et seq.).\n (13) This Act is consistent with the goals established by \n the Administrator of the Environmental Protection Agency during \n June 1996 that include a national goal of 35 percent source \n reduction and recycling by 2005, coupled with a reduction in \n per capita waste generation.\n\nSEC. 3. BEVERAGE CONTAINER RECYCLING.\n\n (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et \nseq.) is amended by adding at the end the following:\n\n ``Subtitle K--Beverage Container Recycling\n\n``SEC. 12001. DEFINITIONS.\n\n ``In this subtitle:\n ``(1) Beverage.--The term `beverage' means beer, ale, or \n other drink produced by fermenting malt, spirits, wine, wine \n coolers, soda or noncarbonated water, and all nonalcoholic \n carbonated or noncarbonated drinks in liquid form and intended \n for human consumption except for milk and dairy-derived \n products.\n ``(2) Beverage container.--The term `beverage container' \n means a bottle, can, jar, or other container made of glass, \n metal, or plastic which has been sealed by a manufacturer and \n which, at the time of sale, contains 4 liters or less of a \n beverage.\n ``(3) Beverage distributor.--The term `beverage \n distributor' means a person who sells or offers for sale in \n interstate commerce to beverage retailers beverages in beverage \n containers for resale.\n ``(4) Beverage retailer.--\n ``(A) In general.--The term `beverage retailer' \n means a person who--\n ``(i) purchases from a beverage distributor \n beverages in beverage containers for sale to a \n consumer; or\n ``(ii) sells or offers to sell in commerce \n beverages in beverage containers to a consumer.\n ``(B) Beverage vending machines.--The Administrator \n shall promulgate regulations that define `beverage \n retailer' for any case in which a beverage in a \nbeverage container is sold to a consumer through a beverage vending \nmachine.\n ``(5) Consumer.--The term `consumer' means a person who \n purchases a beverage container for any use other than resale.\n ``(6) Refund value.--The term `refund value' means the \n amount specified as the refund value of a beverage container \n under section 12002.\n ``(7) Unbroken beverage container.--The term `unbroken \n beverage container' includes--\n ``(A) a beverage container opened in a manner in \n which the container was designed to be opened; and\n ``(B) a beverage container made of metal or plastic \n that is compressed if the statement of the amount of \n the refund value of the container is still readable.\n ``(8) Wine cooler.--The term `wine cooler' means a drink \n containing less than 8 percent alcohol (by volume)--\n ``(A) consisting of wine and plain, sparkling, or \n carbonated water; and\n ``(B) containing a non-alcoholic beverage, \n flavoring, coloring material, fruit juice, fruit \n adjunct, sugar, carbon dioxide, preservatives, or any \n other natural or artificial blending materials (or any \n combination thereof).\n ``(9) Spirits.--The term `spirits' means any liquor \n produced by distillation or, if produced by any other process, \n strengthened or fortified by the addition of distilled spirits \n of any kind. The term includes fortified wine.\n ``(10) Wine.--The term `wine' means any liquor containing \n not more than 15.5 percent alcohol by volume which is produced \n by the fermentation of fruit or other agricultural products \n containing sugar and to which no spirits are added. The term \n includes table wine, still wine, sparkling wine, and champagne, \n if the alcohol content is not above 15.5 percent by volume.\n\n``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.\n\n ``(a) In General.--Except as provided in section 12007, no beverage \ndistributor or beverage retailer may sell or offer for sale in \ninterstate commerce a beverage in a beverage container unless--\n ``(1) in the case of wine and spirit containers, there is \n clearly, prominently, and securely affixed to, or printed on, \n the container a statement of the refund value of the container \n in the amount of 15 cents (as adjusted under subsection (c)); \n and\n ``(2) in the case of all other containers, there is \n clearly, prominently, and securely affixed to, or printed on, \n the container a statement of the refund value of the container \n in the amount of 5 cents (as adjusted under subsection (c)).\n ``(b) Size and Location of Statement.--The Administrator shall \npromulgate regulations establishing uniform standards for the size and \nlocation of the refund value statement on beverage containers.\n ``(c) Adjustments of Refund Value.--\n ``(1) In general.--The Administrator shall adjust the \n amount of the refund value of the container under subsection \n (a)--\n ``(A) on the date that is 10 years after the date \n of enactment of this subtitle, to reflect changes in \n the Consumer Price Index for all-urban consumers \n published by the Department of Labor since the date of \n enactment of this subtitle; and\n ``(B) on the date that is 10 years after the \n initial adjustment made under paragraph (1), and each \n 10 years thereafter, to reflect changes in the Consumer \n Price Index for all-urban consumers published by the \n Department of Labor since the most recent adjustment.\n ``(2) Rounding.--The Administrator shall round any \n adjustment under paragraph (1) to the nearest 5 cent increment.\n\n``SEC. 12003. COLLECTION OF REFUND VALUE.\n\n ``(a) Collection From Retailers by Distributors.--In the case of \neach beverage in a beverage container sold in interstate commerce to a \nbeverage retailer by a beverage distributor, the distributor shall \ncollect from the retailer or redemption center the amount of the refund \nvalue shown on the container.\n ``(b) Collection From Consumers by Retailers.--In the case of each \nbeverage in a beverage container sold in interstate commerce to a \nconsumer by a beverage retailer, the retailer shall collect from the \nconsumer the amount of the refund value shown on the container.\n ``(c) Other Collections.--No person other than a person described \nin subsection (a) or (b) may collect a deposit on a beverage container.\n\n``SEC. 12004. RETURN OF REFUND VALUE.\n\n ``(a) Payment by Retailer.--\n ``(1) In general.--If a person, other than a beverage \n distributor or beverage retailer, tenders for refund an empty, \n unbroken, and reasonably clean beverage container to a beverage \n retailer who sells (or has sold at any time during the 90-day \n period ending on the date of tender) the same brand of beverage \n in the same kind and size of container, the retailer shall \n promptly pay the person the amount of the refund value stated \n on the container.\n ``(2) Limitations.--(A) A retailer may limit the total \n number of beverage containers which the retailer will accept \n from any one consumer or other person in any one business day \n to 240 containers, or any other number greater than 240.\n ``(B) A retailer may refuse to accept beverage containers \n during no more than 8 hours in any one business day. If a \n retailer refuses to accept beverage containers under this \n subsection, the hours during which the retailer would accept \n containers shall be conspicuously posted.\n ``(b) Payment by Distributor.--\n ``(1) In general.--If a person tenders for refund an empty \n and unbroken beverage container to a beverage distributor who \n sells (or has sold at any time during the 90-day period ending \n on the date of tender) the same brand of beverage in the same \n kind and size of container, the distributor shall promptly pay \n the person--\n ``(A) the amount of the refund value stated on the \n container; plus\n ``(B) an amount equal to at least 2 cents per \n container to help defray the cost of handling.\n ``(2) Tendering beverage containers to other persons.--This \n subsection shall not preclude any person from tendering a \n beverage container to a person other than a beverage \n distributor.\n ``(c) Agreements.--\n ``(1) In general.--Nothing in this subtitle precludes an \n agreement between a distributor, a retailer, or other person to \n establish a centralized beverage container collection center, \n including a center that acts as an agent of the retailer.\n ``(2) Agreement for crushing or bundling.--Nothing in this \n subtitle precludes an agreement between a beverage retailer, a \n beverage distributor, or other person for the crushing or \n bundling (or both) of beverage containers.\n\n``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE \n RECYCLING FUNDS.\n\n ``(a) Unclaimed Refunds.--\n ``(1) Payments to states.--At the end of each calendar \n year, each beverage distributor shall pay to each State an \n amount equal to the sum by which the total refund value of all \n containers sold by the distributor for resale in that State \n during the year exceeds the total sum paid during that year by \n the distributor under section 12004(b) to persons in the State.\n ``(2) Use by states.--The total amount of unclaimed refunds \n received by any State under this section shall be available to \n carry out pollution prevention and recycling programs in the \n State.\n ``(b) Refunds in Excess of Collections.--If the total amount of \npayments made by a beverage distributor for any calendar year under \nsection 12004(b) for any State exceeds the total amount of the refund \nvalues of all containers sold by the distributor for resale in the \nState, the excess shall be credited against the amount otherwise \nrequired to be paid by the distributor to that State under subsection \n(a) for a subsequent calendar year, designated by the beverage \ndistributor.\n\n``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION \n DISPOSAL.\n\n ``(a) Detachable Openings.--No beverage distributor or beverage \nretailer may sell, or offer for sale, in interstate commerce a beverage \nin a metal beverage container a part of which is designed to be \ndetached in order to open the container.\n ``(b) Post-Redemption Disposal.--No retailer or distributor or \nagent of a retailer or distributor may dispose of any beverage \ncontainer labeled pursuant to section 12002 or any metal, glass, or \nplastic from the beverage container (other than the top or other seal \nof the container) in any landfill or other solid waste disposal \nfacility.\n\n``SEC. 12007. EXEMPTED STATES.\n\n ``(a) Exemption.--Sections 12002 through 12005 and sections 12008 \nand 12009 shall not apply in any State that has adopted and implemented \nrequirements applicable to all beverage containers sold in the State if \nthe Administrator determines the requirements to be substantially \nsimilar to the requirements of sections 12002 through 12005 and \nsections 12008 and 12009.\n ``(b) Determination of Tax.--No State or political subdivision of a \nState that imposes a tax on the sale of any beverage container may \nimpose a tax on any amount attributable to the refund value of the \ncontainer.\n ``(c) Effect on Other Laws.--Nothing in this subtitle affects the \nauthority of any State or political subdivision of a State--\n ``(1) to enact or enforce (or continue in effect) any law \n concerning a refund value on containers other than beverage \n containers; or\n ``(2) to regulate redemption and other centers that \n purchase empty beverage containers from beverage retailers, \n consumers, or other persons.\n\n``SEC. 12008. PENALTIES.\n\n ``A person who violates section 12002, 12003, 12004, or 12006 shall \nbe subject to a civil penalty of not more than $10,000 for each \nviolation.\n\n``SEC. 12009. REGULATIONS.\n\n ``Not later than 1 year after the date of enactment of this \nsubtitle, the Administrator shall promulgate regulations to carry out \nthis subtitle.\n\n``SEC. 12010. EFFECTIVE DATE.\n\n ``Except as provided in section 12009, this subtitle takes effect \non the date that is 2 years after the date of enactment of this \nsubtitle.''.\n (b) Table of Contents.--The table of contents for the Solid Waste \nDisposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the \nfollowing:\n\n ``Subtitle K--Beverage Container Recycling\n\n``Sec. 12001. Definitions.\n``Sec. 12002. Required beverage container labeling.\n``Sec. 12003. Collection of refund value.\n``Sec. 12004. Return of refund value.\n``Sec. 12005. Accounting for unclaimed refunds and provisions for State \n recycling funds.\n``Sec. 12006. Prohibitions on detachable openings and post-redemption \n disposal.\n``Sec. 12007. Exempted States.\n``Sec. 12008. Penalties.\n``Sec. 12009. Regulations.\n``Sec. 12010. Effective date.''.","summary":"National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form in beverage containers by retailers and distributors unless such containers carry a refund value of five cents. Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers. And (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands sold. Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts . Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings. And (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.","title":"National Beverage Container Recycling Initiative Act","text_len":17130,"sum_len":1789} {"bill_id":"104_s1688","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Law Enforcement Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) effective and impartial enforcement of the law is one \n of the most important functions of the government;\n (2) the preservation of our form of Government and the \n rights of our citizens are dependent upon competent and \n professional law enforcement agencies;\n (3) responsibility for law enforcement in the United States \n resides primarily with State and local governments;\n (4)(A) one-third of all Americans live in nonurban areas \n and 90 percent of all law enforcement agencies serve \n populations of fewer than 25,000 residents; and\n (B) 75 percent serve a population of fewer than 10,000 \n residents;\n (5) rural violent crime has increased over 35 percent from \n 1985 to 1995, and is taking a toll on rural citizens and rural \n law enforcement practitioners;\n (6) approximately 22,400 local government entities exist in \n the 50 States, and the needs of rural law enforcement in the \n areas of research, technical assistance, and the delivery of \n executive education and training programs have been jointly \n identified by the Federal Bureau of Investigation, the \n Department of Justice, and the National Center for Rural Law \n Enforcement at the University of Arkansas at Little Rock; and\n (7) the National Center for Rural Law Enforcement at the \n University of Arkansas at Little Rock will continue to \n cooperate with the Federal Bureau of Investigation and the \n Department of Justice to promote the development and \n implementation of training and education programs for rural law \n enforcement agencies.\n\nSEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.\n\n (a) In General.--Title XVIII of the Violent Crime Control and Law \nEnforcement Act of 1994 is amended by adding at the end the following \nnew subtitle:\n\n ``Subtitle D--National Center for Rural Law Enforcement\n\n``SEC. 180401. ESTABLISHMENT.\n\n ``(a) In General.--There is established at the University of \nArkansas, at Little Rock, the National Center for Rural Law \nEnforcement.\n ``(b) Advisory Board.--\n ``(1) In general.--There shall be established within the \n National Center for Rural Law Enforcement an Advisory Board \n (referred to in this Act as the `Advisory Board') that shall be \n comprised of 15 members, of whom--\n ``(A) 10 shall be selected by the Attorney General \n of the United States, in consultation with the Director \n of the Federal Bureau of Investigation, from personnel \n of rural law enforcement agencies serving communities \n with populations of less than 25,000 people, 2 from \n each of 5 regions (including the Northeast, Northwest, \n Southeast, Southwest, and Midwest);\n ``(B) 2 shall be selected by the Attorney General \n from personnel of State law enforcement agencies, 1 \n from training and 1 from law enforcement;\n ``(C) 2 shall be selected by the Director of the \n Federal Bureau of Investigation from employees of the \n Federal Bureau of Investigation; and\n ``(D) the Executive Director of the National Center \n for Rural Law Enforcement, who shall serve as a \n permanent member of the Advisory Board.\n ``(2) Powers.--\n ``(A) Terms of the Advisory Board members will be \n for 1 year, with 3 members rotating each year. The \nfirst Advisory Board members, at their first meeting, will draw lots \nfrom 1 to 5 years.\n ``(B) The Advisory Board members shall formulate, \n adopt, and publish guidelines governing the operation \n of the Center, consistent with its mission.\n ``(3) Travel expenses.--The members of the Advisory Board \n shall be allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in performance of services for the Advisory Board.\n ``(c) Executive Director.--\n ``(1) Appointment.--The Attorney General shall appoint the \n Executive Director of the National Center for Rural Law \n Enforcement in consultation with the Director of the Federal \n Bureau of Investigation and the Chancellor of the University of \n Arkansas at Little Rock. The Executive Director shall serve a \n term not longer than 5 years.\n ``(2) Duties.--The Executive Director shall have the duties \n and responsibilities fulfilling functions as set forth in this \n Act, including the preparation and submission of a periodic \n report to the Advisory Board and the Chancellor of the \n University of Arkansas at Little Rock.\n ``(d) Procurement of Temporary and Intermittent Services.--The \nNational Center for Rural Law Enforcement, with the advice of the \nAdvisory Board, may procure temporary and intermittent services under \nsection 3109 of title 5, United States Code, at rates for individuals \nthat do not exceed the daily equivalent of the annual rate of basic pay \nprescribed for members of the Senior Executive Service, ES-6, Level V \nof the Executive Schedule as authorized by section 5352 of such title.\n\n``SEC. 180402. FUNCTIONS.\n\n ``(a) In General.--The Director of the National Center for Rural \nLaw Enforcement shall provide for--\n ``(1) the training of supervisory and executive managers of \n rural law enforcement in a systematic and effective manner;\n ``(2) the support of rural law enforcement agencies with \n technical assistance and practical and focused research;\n ``(3) equitable education and training opportunities for \n rural law enforcement personnel;\n ``(4) the delivery of training programs by Federal agencies \n and the Center;\n ``(5) the promotion, development, and adoption of a \n voluntary national system of education and training standards \n and certification;\n ``(6) the development and dissemination of information \n designed to assist States and units of local government in \n rural areas throughout the country;\n ``(7) grants to, and contracts with, Federal, State, and \n general units of local government, public and private agencies, \n educational institutions, organizations, and individuals to \n carry out this subtitle;\n ``(8) the establishment and continuation of a clearinghouse \n and information center for the collection, preparation, and \n dissemination of information on criminal justice and rural law \n enforcement, including programs for prevention of crime and \n recidivism, and management training of law enforcement \n personnel;\n ``(9) assistance and service in a consulting capacity to \n Federal, State, and local criminal justice agencies in the \n development, maintenance, and coordination of programs, \n facilities and services, training, research, and prevention \n with respect to crime in rural areas;\n ``(10) the encouragement and assistance to Federal, State, \n and local government programs and services, and programs for \n law enforcement officers, judges and judicial personnel, \n probation and parole personnel, correctional personnel, welfare \n workers, and other persons;\n ``(11) the development of technical training teams to aid \n in the development of seminars, workshops, and training \n programs within the States and with the State and local \n agencies that work with rural law enforcement managers;\n ``(12) the conduct, encouragement, and coordination of \n research relating to law enforcement and criminal justice \n issues, including the causes, diagnosis, and prevention of \n criminal activity;\n ``(13) the formulation and dissemination of rural law \n enforcement policy, goals, standards, and recommendations for \n Federal, State, and local criminal justice agencies, \n organizations, institutions, and personnel; and\n ``(14) evaluation programs that study the effectiveness of \n new approaches, techniques, systems, programs, and devices \n employed to improve rural law enforcement systems.\n ``(b) Authority.--The National Center for Rural Law Enforcement \nmay--\n ``(1) enter into contracts with public or private agencies, \n organizations, or individuals for the performance of any of the \n functions of the Center;\n ``(2) enter into cooperative agreements with Federal, \n State, and local agencies and nonprofit entities to carry out \n the functions of the Center;\n ``(3) arrange with and reimburse the heads of Federal \n departments and agencies for the use of personnel, facilities, \n or equipment of such departments and agencies;\n ``(4) confer with and avail itself of the assistance, \n services, records, and facilities of State and local \n governments or other public or private agencies, organizations, \n and individuals; and\n ``(5) procure the services of experts and consultants in \n accordance with section 3109 of title 5, United States Code, at \n rates of compensation not to exceed the daily equivalent of the \n rate authorized for members of the Senior Executive Service, \n ES-6, Level 5, as authorized by section 5352 of title 5, United \n States Code.\n ``(c) Methods.--In carrying out its functions under this section, \nthe National Center for Rural Law Enforcement shall--\n ``(1) utilize consensus building;\n ``(2) work in cooperation with--\n ``(A) rural, nonurban law enforcement agencies;\n ``(B) agencies of Federal, State, and local \n governments; and\n ``(C) institutions of higher learning, law \n enforcement associations, and other not-for-profit \n organizations;\n ``(3) request and receive from other Federal departments \n and agencies such statistics, data, program reports, and other \n materials necessary for the Center to carry out its functions;\n ``(4) arrange with and reimburse the heads of other Federal \n departments and agencies for the use of personnel, facilities, \n or equipment of such departments and agencies; and\n ``(5) use the assistance, services, records, and facilities \n of State and local governments or other public or private \n agencies, organizations, and individuals.\n\n``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this \nsubtitle, as a separate line item in the Department of Justice \nAppropriations Act--\n ``(1) $12,000,000 for fiscal year 1997; and\n ``(2) such sums as are necessary for each of the fiscal \n years 1998 through 2001.''.\n (b) Technical Amendment.--The table of contents for the Violent \nCrime Control and Law Enforcement Act of 1994 is amended by adding at \nthe end of the matter relating to title XVIII, the following:\n\n ``Subtitle D--National Center for Rural Law Enforcement\n\n``Sec. 180401. Establishment.\n``Sec. 180402. Functions.\n``Sec. 180403. Authorization of appropriations.''.","summary":"Rural Law Enforcement Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock. Establishes an advisory board and requires the Attorney General to appoint an Executive Director of the Center to prepare and submit a periodic report to the advisory board and the University. Sets forth the Director's functions, including providing for: (1) the support of rural law enforcement agencies with technical assistance and practical and focused research. (2) education and training for rural law enforcement managers and personnel, (3) grants and contracts to carry out this Act. (4) the establishment and continuation of a clearinghouse and information center on criminal justice and rural law enforcement. (5) consulting assistance and service to Federal, State, and local criminal justice agencies with respect to crime in rural areas. And (6) evaluation programs that study the effectiveness of new approaches employed to improve rural law enforcement systems. Authorizes appropriations to carry out this Act as a separate line item in the Department of Justice Appropriations Act.","title":"Rural Law Enforcement Act of 1996","text_len":12083,"sum_len":1203} {"bill_id":"104_hr2699","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fans Rights Act of 1995''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) professional sports teams foster a strong local \n identity with the people of the cities and regions in which \n they are located, providing a source of civic pride for their \n supporters;\n (2) professional sports teams provide employment \n opportunities, revenues, and a valuable form of entertainment \n for the cities and regions in which they are located;\n (3) there are significant public investments associated \n with professional sports facilities;\n (4) it is in the public interest to encourage professional \n sports leagues to operate under policies that promote stability \n among their member teams and to promote the equitable \n resolution of disputes arising from the proposed relocation of \n professional sports teams; and\n (5) professional sports teams travel in interstate to \n compete and utilize materials shipped in interstate commerce, \n and professional sports games are broadcast nationally.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``home territory'' means the geographic area \n within which a member team operates and plays the majority of \n its home games, as defined in the governing agreement or \n agreements of the relevant league on November 1, 1995, or upon \n the commencement of operations of any league after such date;\n (2) the term ``interested party'' includes--\n (A) any local government that has provided \n financial assistance, including tax abatement, to the \n facilities in which the team plays;\n (B) a representative of the local government for \n the locality in which a member team's stadium or arena \n is located;\n (C) a member team;\n (D) the owner or operator of a stadium or arena of \n a member team; and\n (E) any other affected party, as designated by the \n relevant league;\n (3) the term ``local government'' means a city, county, \n parish, town, township, village, or any other general \n governmental unit established under State law;\n (4) the terms ``member team'' and ``team'' mean any team of \n professional athletes--\n (A) organized to play major league football, \n basketball, hockey, or baseball; and\n (B) that is a member of a professional sports \n league;\n (5) the term ``person'' means any individual, partnership, \n corporation, or unincorporated association, any combination or \n association thereof, or any political subdivision;\n (6) the terms ``professional sports league'' and ``league'' \n mean an association that--\n (A) is composed of 2 or more member teams;\n (B) regulates the contests and exhibitions of its \n member teams; and\n (C) has been engaged in competition in a particular \n sport for more than 7 years; and\n (7) the terms ``stadium'' and ``arena'' mean the principal \n physical facility within which a member team plays the majority \n of its home games.\n\nSEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO THE RELOCATION AND \n RELOCATION DETERMINATION CRITERIA.\n\n (a) Application of Antitrust Laws.--It shall not be unlawful by \nreason of any provision of the antitrust laws for a professional sports \nleague to enforce rules authorizing the membership of the league to \ndecide that a member club of such league shall not be relocated.\n (b) Criteria for Relocation Decisions.--Notwithstanding any other \nlaw, prior to making a decision to approve or disapprove the relocation \nof a member team, a professional sports league shall take into \nconsideration--\n (1) the extent to which fan loyalty to and support for the \n team has been demonstrated during the team's tenure in the \n community;\n (2) the degree to which the team has engaged in good faith \n negotiations with appropriate persons concerning terms and \n conditions under which the team would continue to play its \n games in the community or elsewhere within its home territory;\n (3) the degree to which the ownership or management of the \n team has contributed to any circumstances that might \n demonstrate the need for the relocation;\n (4) the extent to which the team, directly or indirectly, \n received public financial support by means of any publicly \n financed playing facility, special tax treatment, or any other \n form of public financial support;\n (5) the adequacy of the stadium in which the team played \n its home games in the previous season, and the willingness of \n the stadium, arena authority, or local government to remedy any \n deficiencies in the facility;\n (6) whether the team has incurred net operating losses, \n exclusive of depreciation and amortization, sufficient to \n threaten the continued financial viability of the team;\n (7) whether any other team in the league is located in the \n community in which the team is located;\n (8) whether the team proposes to relocate to a community in \n which no other team in the league is located;\n (9) whether the stadium authority, if public, is opposed to \n the relocation; and\n (10) whether there is a bona fide investor offering fair \n market value for the member team and seeking to retain the team \n in the home territory.\n\nSEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRITORY AND RIGHT OF FIRST \n REFUSAL.\n\n (a) In General.--Any person seeking to change the home territory of \na member team to a location other than the location of such member \nteam's home territory shall furnish notice of such proposed change not \nlater than 180 days before the commencement of the season in which the \nmember team is to play in such other location.\n (b) Parties Entitled to Receive Notice.--The notice required under \nsubsection (a) shall be furnished to all interested parties.\n (c) Requirements.--The notice shall--\n (1) be in writing and delivered in person or by certified \n mail;\n (2) be made available to the news media;\n (3) be published in 1 or more newspapers of general \n circulation within the member team's home territory; and\n (4) contain--\n (A) an identification of the proposed new location \n of such member team;\n (B) a summary of the reasons for the change in home \n territory based on the criteria listed in section 4(b); \n and\n (C) the date on which the proposed change would \n become effective.\n (d) Opportunity to Purchase.--\n (1) In general.--During the 180-day notice period under \n subsection (a), a local government, stadium, arena authority, \n person, or any combination thereof, may prepare and present a \n proposal to purchase the member team to retain the team in the \n home territory.\n (2) Membership in league.--If a bid under paragraph (1) is \n successful, the professional sports league of the member team \n shall not prohibit membership in the league on the basis that \n the new ownership of the member team is made up of multiple \n owners or that the new ownership includes 1 or more local \n governments.\n (e) Opportunity to Induce Team to Stay.--During the 180-day notice \nperiod under subsection (a), a local government, stadium authority, \nperson, or any combination thereof, shall be given the opportunity to \nprepare and present a proposal to induce the member team to remain in \nits home territory.\n (f) Response.--The response of the owner to any offer made under \nsubsection (d) or (e) shall--\n (1) be in writing and delivered in person or by certified \n mail; and\n (2) state in detail the reasons for refusal of any bona \n fide offer.\n (g) Determination by League.--\n (1) In general.--The professional sports league shall make \n a determination with respect to the location of such member \n team's home territory before the expiration of the 180-day \n notice period required by this section.\n (2) Hearings.--In making a determination under this \n subsection, the professional sports league shall conduct a \n hearing at which interested parties are afforded an opportunity \n to present oral or written testimony regarding a change in the \n location of a member team's home territory. The league shall \n keep a record of all such proceedings.\n (3) Consideration of proposals.--The professional sports \n league shall take into account any inducement proposal that has \n been offered under subsection (e).\n (h) Considerations.--In determining whether to approve or \ndisapprove the relocation of a member team, a professional sports \nleague shall take into consideration the criteria listed in section \n4(b).\n\nSEC. 6. JUDICIAL REVIEW.\n\n (a) In General.--A decision by a professional sports league to \napprove or disapprove the relocation of a member team may be reviewed \nin a civil action brought by an interested party.\n (b) Venue.--\n (1) In general.--Subject to paragraph (3), venue shall be \n proper in any district court of the United States having \n jurisdiction over the action under section 1331 of title 28, \n United States Code.\n (2) Change of venue.--Subject to paragraph (3), upon the \n motion of any party, the district court may, for the \n convenience of the parties or in the interests of justice, \n transfer an action brought under this section to any district \n that has jurisdiction over such action under section 1331 of \n title 28, United States Code.\n (3) Limitation.--No action may be brought under this \n section in any United States district court of the State that \n contains--\n (A) the member club's home territory; or\n (B) the proposed location of such member club.\n (c) Additional Proceedings.--In any case in which the interested \nparties have not been afforded an opportunity to present oral or \nwritten testimony in accordance with section 5(f), the district court \nmay, by order, require the relevant professional sports league to \nconduct additional proceedings at which such testimony may be \npresented, and to reconsider its decision to approve or disapprove the \nrelocation based on such testimony. Not later than 30 days after the \ndate of any such order, the league shall reconsider and resubmit its \ndecision to the district court, and the district court shall review \nsuch decision in accordance with this section.\n (d) No Waiver of Rights.--Nothing in this Act shall be construed to \nrequire the waiver of any legal rights in existence prior to the date \nof enactment of this Act.\n\nSEC. 7. INAPPLICABILITY TO CERTAIN MATTERS.\n\n (a) In General.--Nothing contained in this Act shall--\n (1) alter, determine, or otherwise affect the applicability \n or inapplicability of the antitrust laws, the labor laws, or \n any other provision of law relating to the wages, hours, or \n other terms and conditions of employment of players in any \n professional sports league, to any employment matter regarding \n players in any such league, or to any collective bargaining \n rights and privilege of any player union in any such league;\n (2) alter or affect the applicability or inapplicability of \n the antitrust laws or any applicable Federal or State law \n relating to broadcasting or telecasting, including section 1291 \n of title 15, United States Code, any agreement between any \n professional sports league or its member teams, and any person \n not affiliated with such a league for the broadcasting or \n telecasting of the games of such league or its member teams on \n any form of television;\n (3) affect any contract, or provision of a contract, \n relating to the use of a stadium or arena between a member team \n and the owner or operator of any stadium or arena or any other \n person;\n (4) exempt from the antitrust laws any agreement to fix the \n prices of admission to sports contests;\n (5) exempt from the antitrust laws any predatory practice \n or other conduct with respect to competing sports leagues that \n would otherwise be unlawful under the antitrust laws; or\n (6) except as provided in this Act, alter, determine, or \n otherwise affect the applicability or inapplicability of the \n antitrust laws to any act, contract, agreement, rule, course of \n conduct, or other activity by, between, or among persons \n engaging in, conducting, or participating in professional \n football, basketball, hockey, or baseball.\n (b) Definition.--As used in this section, the term ``antitrust \nlaws'' shall have the meaning given to such term in the first section \nof the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission \nAct (15 U.S.C. 41 et seq.).\n\nSEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS.\n\n It shall be unlawful for any person, including a member team, \nowner, or affiliated party, or any State or political subdivision, to \nmake or offer to make a payment of money or to provide or arrange with \nothers for the provision of other value to a league or to any of its \nmembers in connection with a decision regarding the relocation of a \nmember team.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall apply to any relocation of the home territory of a \nmember team that occurs on or after October 1, 1995.","summary":"Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty. (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support. (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility. And (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory. And (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.","title":"Fans Rights Act of 1995","text_len":14490,"sum_len":2250} {"bill_id":"114_hr4739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Greater Sage Grouse Protection and \nRecovery Act of 2016''.\n\nSEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE.\n\n (a) Definitions.--In this section:\n (1) Federal resource management plan.--The term ``Federal \n resource management plan'' means--\n (A) a land use plan prepared by the Bureau of Land \n Management for public lands pursuant to section 202 of \n the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1712); or\n (B) a land and resource management plan prepared by \n the Forest Service for National Forest System lands \n pursuant to section 6 of the Forest and Rangeland \n Renewable Resources Planning Act of 1974 (16 U.S.C. \n 1604).\n (2) Greater sage grouse.--The term ``Greater Sage Grouse'' \n means a sage grouse of the species Centrocercus urophasianus.\n (3) State management plan.--The term ``State management \n plan'' means a State-approved plan for the protection and \n recovery of the Greater Sage Grouse.\n (b) Purpose.--The purpose of this section is--\n (1) to facilitate implementation of State management plans \n over a period of multiple, consecutive Greater Sage Grouse life \n cycles; and\n (2) to demonstrate the efficacy of the State management \n plans for the protection and recovery of the Greater Sage \n Grouse.\n (c) Delay in Making Endangered Species Act of 1973 Finding.--\n (1) Delay required.--In the case of any State with a State \n management plan, the Secretary of the Interior may not make a \n finding under clause (i), (ii), or (iii) of section 4(b)(3)(B) \n of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) \n with respect to the Greater Sage Grouse in that State before \n September 30, 2026.\n (2) Effect on other laws.--The delay imposed by paragraph \n (1) is, and shall remain, effective without regard to any other \n statute, regulation, court order, legal settlement, or any \n other provision of law or in equity.\n (3) Effect on conservation status.--Until the date \n specified in paragraph (1), the conservation status of the \n Greater Sage Grouse shall remain not warranted for listing \n under the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n seq.).\n (d) Coordination of Federal Land Management and State Management \nPlans.--\n (1) Prohibition on withdrawals and modifications of federal \n resource management plans.--In order to foster coordination \n between a State management plan and Federal resource management \n plans that affect the Greater Sage Grouse, upon notification by \n the Governor of a State with a State management plan, the \n Secretary of the Interior and the Secretary of Agriculture, as \n applicable, may not exercise authority under section 204 of the \n Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) \n to make, modify, or extend any withdrawal, nor amend or \n otherwise modify any Federal resource management plan \n applicable to Federal land in the State, in a manner \n inconsistent with the State management plan for a period, to be \n specified by the Governor in the notification, of at least five \n years beginning on the date of the notification.\n (2) Retroactive effect.--In the case of any State that \n provides notification under paragraph (1), if any withdrawal \n was made, modified, or extended or if any amendment or \n modification of a Federal resource management plan applicable \n to Federal lands in the State was issued during the three-year \n period preceding the date of the notification and the \n withdrawal, amendment, or modification altered management of \n the Greater Sage Grouse or its habitat, implementation and \n operation of the withdrawal, amendment, or modification shall \n be stayed to the extent that the withdrawal, amendment, or \n modification is inconsistent with the State management plan. \n The Federal resource management plan, as in effect immediately \n before the amendment or modification, shall apply instead with \n respect to management of the Greater Sage Grouse and its \n habitat, to the extent consistent with the State management \n plan.\n (3) Determination of inconsistency.--Any disagreement \n regarding whether a withdrawal, or an amendment or other \n modification of a Federal resource management plan, is \n inconsistent with a State management plan shall be resolved by \n the Governor of the affected State.\n (e) Relation to National Environmental Policy Act of 1969.--With \nregard to any major Federal action consistent with a State management \nplan, any findings, analyses, or conclusions regarding the Greater Sage \nGrouse or its habitat under section 102(2)(C) of the National \nEnvironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have \na preclusive effect on the approval or implementation of the major \nFederal action in that State.\n (f) Reporting Requirement.--Not later than one year after the date \nof the enactment of this Act and annually thereafter through 2026, the \nSecretary of the Interior and the Secretary of Agriculture shall \njointly submit to the Committee on Energy and Natural Resources of the \nSenate and the Committee on Natural Resources of the House of \nRepresentatives a report on the Secretaries' implementation and \neffectiveness of systems to monitor the status of Greater Sage Grouse \non Federal lands under their jurisdiction.\n (g) Judicial Review.--Notwithstanding any other provision of \nstatute or regulation, the requirements and implementation of this \nsection, including determinations made under subsection (d)(3), are not \nsubject to judicial review.","summary":"Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.","title":"Greater Sage Grouse Protection and Recovery Act of 2016","text_len":6176,"sum_len":485} {"bill_id":"114_hr2497","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NEPA Reciprocity Act''.\n\nSEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES \n UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish a program to \n eliminate duplicative environmental reviews and approvals under \n State and Federal law of projects. Under this program, a State \n may use State laws and procedures to conduct reviews and make \n approvals in lieu of Federal environmental laws and \n regulations, consistent with the provisions of this section.\n (2) Participating states.--All States are eligible to \n participate in the program.\n (3) Scope of alternative review and approval procedures.--\n For purposes of this section, alternative environmental review \n and approval procedures may include one or more of the \n following:\n (A) Substitution of one or more State environmental \n laws for one or more Federal environmental laws, if the \n Secretary determines in accordance with this section \n that the State environmental laws provide environmental \n protection and opportunities for public involvement \n that are substantially equivalent to the applicable \n Federal environmental laws.\n (B) Substitution of one or more State regulations \n for Federal regulations implementing one or more \n Federal environmental laws, if the Secretary determines \n in accordance with this section that the State \n regulations provide environmental protection and \n opportunities for public involvement that are \n substantially equivalent to the Federal regulations.\n (b) Application.--To participate in the program, a State shall \nsubmit to the Secretary an application containing such information as \nthe Secretary may require, including--\n (1) a full and complete description of the proposed \n alternative environmental review and approval procedures of the \n State;\n (2) for each State law or regulation included in the \n proposed alternative environmental review and approval \n procedures of the State, an explanation of the basis for \n concluding that the law or regulation meets the requirements \n under subsection (a)(3); and\n (3) evidence of having sought, received, and addressed \n comments on the proposed application from the public and \n appropriate Federal environmental resource agencies.\n (c) Review of Application.--The Secretary shall--\n (1) review an application submitted under subsection (b);\n (2) approve or disapprove the application in accordance \n with subsection (d) not later than 90 days after the date of \n the receipt of the application; and\n (3) transmit to the State notice of the approval or \n disapproval, together with a statement of the reasons for the \n approval or disapproval.\n (d) Approval of State Programs.--\n (1) In general.--The Secretary shall approve each such \n application if the Secretary finds that the proposed \n alternative environmental review and approval procedures of the \n State are substantially equivalent to the applicable Federal \n environmental laws and Federal regulations.\n (2) Exclusion.--The National Environmental Policy Act of \n 1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n seq.) shall not apply to any decision by the Secretary to \n approve or disapprove any application submitted pursuant to \n this section.\n (e) Compliance With Permits.--Compliance with a permit or other \napproval of a project issued pursuant to a program approved by the \nSecretary under this section shall be considered compliance with the \nFederal laws and regulations identified in the program approved by the \nSecretary pursuant to this section.\n (f) Review and Termination.--\n (1) Review.--All State alternative environmental review and \n approval procedures approved under this section shall be \n reviewed by the Secretary not less than once every 5 years.\n (2) Public notice and comment.--In conducting the review \n process under paragraph (1), the Secretary shall provide notice \n and an opportunity for public comment.\n (3) Extensions and terminations.--At the conclusion of the \n review process, the Secretary may extend the State alternative \n environmental review and approval procedures for an additional \n 5-year period or terminate the State program.\n (g) Report to Congress.--Not later than 2 years after the date of \nenactment of this section, and annually thereafter, the Secretary shall \nsubmit to Congress a report that describes the administration of the \nprogram.\n (h) Definitions.--For purposes of this section:\n (1) Environmental law.--The term ``environmental law'' \n includes any law that provides procedural or substantive \n protection, as applicable, for the natural or built environment \n with regard to the construction and operation of projects.\n (2) Federal environmental laws.--The term ``Federal \n environmental laws'' means laws governing the review of \n environmental impacts of, and issuance of permits and other \n approvals for, the construction and operation of projects, \n including section 102(2)(C) of the National Environmental \n Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the \n Federal Water Pollution Control Act (33 U.S.C. 1344), section \n 106 of the National Historic Preservation Act (16 U.S.C. 470f), \n and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the \n Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2), \n 1538(a)(1)(B), 1539(a)(1)(B)).\n (3) Project.--The term ``project'' means any project \n eligible for federal assistance under title 23, subtitle V of \n title 49, or chapter 53 of title 49 of the United States Code, \n or involves the participation of more than one Department of \n Transportation modal administration or secretarial office.","summary":"NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations.","title":"NEPA Reciprocity Act","text_len":6532,"sum_len":398} {"bill_id":"108_s2333","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Criminal Gang Activity Act of \n2004''.\n\nSEC. 2. AMENDMENT TO TITLE 18.\n\n Section 922(g) of title 18, United States Code, is amended--\n (1) in paragraph (8), by striking ``or'' after the \n semicolon;\n (2) in paragraph (9), by striking the comma at the end and \n inserting ``; or''; and\n (3) by adding after paragraph (9) the following:\n ``(10) who participates in a criminal street gang as \n described in subsection (z);''.\n\nSEC. 3. CRIMINAL STREET GANGS.\n\n Section 922 of title 18, United States Code, is amended by adding \nat the end thereof the following:\n ``(z) As used in subsection (g)(10):\n ``(1) The term `criminal street gang' means a formal or \n informal group, club, organization, or association of 3 or more \n individuals, who act in concert, or agree to act in concert, \n with a purpose that any of these persons alone, or in any \n combination, commit or will commit, 2 or more predicate gang \n crimes, 1 of which occurs after the date of enactment of this \n subsection and the last of which occurs not later than 10 years \n (excluding any period of imprisonment) after the commission of \n a prior predicate gang crime, provided that the activities of \n the criminal street gang affect interstate or foreign commerce.\n ``(2) The term `predicate gang crime' means--\n ``(A) any act or threat, or attempted act or \n threat, which is chargeable under Federal or State law \n and punishable by imprisonment for more than 1 year, \n involving murder, attempted murder, manslaughter, \ngambling, kidnapping, robbery, extortion, arson, obstruction of \njustice, tampering with or retaliating against a witness, victim, or \ninformant, burglary, sexual assault, carjacking, or manufacturing, \nimporting, distributing, possessing with intent to distribute, or \notherwise dealing in a controlled substance or listed chemicals (as \nthose terms are defined in section 102 of the Controlled Substances Act \n(21 U.S.C. 802));\n ``(B) any act punishable by imprisonment for more \n than 1 year under section 844 (relating to explosive \n materials), section 922(g)(1) (where the underlying \n conviction is a serious violent felony (as defined in \n section 3559(c)(2)(F) of this title) or is a serious \n drug offense (as defined in section 942(e)(2)(A) of \n this title), or subsection (a)(2), (b), (c), (g), or \n (h) of section 924 (relating to receipt, possession, \n and transfer of firearms), sections 1028 and 1029 \n (relating to fraud and related activity in connection \n with identification documents or access devices), \n section 1503 (relating to obstruction of justice), \n section 1510 (relating to obstruction of criminal \n investigations), section 1512 (relating to tampering \n with a witness, victim, or informant), or section 1513 \n (relating to retaliating against a witness, victim, or \n informant), section 1951 (relating to interference with \n commerce, robbery or extortion), section 1952 (relating \n to racketeering), section 1956 (relating to the \n laundering of monetary instruments), section 1957 \n (relating to engaging in monetary transactions in \n property derived from specified unlawful activity), \n section 1958 (relating to use of interstate commerce \n facilities in the commission of murder-for-hire), \n sections 2312 through 2315 (relating to interstate \n transportation of stolen motor vehicles or stolen \n property); or\n ``(C) any act involving the Immigration and \n Nationality Act, section 274 (relating to brining in \n and harboring certain aliens), section 277 (relating to \n aiding or assisting certain aliens to enter the United \n States), or section 278 (relating to importation of \n alien for immoral purpose).\n ``(3) The term `State' means each of the several States of \n the United States, the District of Columbia, and any \n commonwealth, territory, or possession of the United States.\n ``(4) The term `participates in a criminal street gang' \n means--\n ``(A) to participate in a criminal street gang by \n committing, or conspiring or attempting to commit, 2 or \n more predicate gang crimes--\n ``(i) in furtherance or in aid of the \n activities of a criminal street gang; or\n ``(ii) for the purpose of gaining entrance \n to or maintaining or increasing position in \n such a gang; or\n ``(B) to employ, use, command, counsel, persuade, \n induce, entice, or coerce any individual to commit, \n cause to commit, or facilitate the commission of, a \n predicate gang crime--\n ``(i) in furtherance or in aid of the \n activities of a criminal street gang; or\n ``(ii) for the purpose of gaining entrance \n to or maintaining or increasing position in \n such a gang.''.","summary":"Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position.","title":"A bill to prohibit members of criminal street gangs from possessing firearms.","text_len":5774,"sum_len":458} {"bill_id":"103_hr4636","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employment Non-Discrimination Act of \n1994''.\n\nSEC. 2. DISCRIMINATION PROHIBITED.\n\n A covered entity, in connection with employment or employment \nopportunities, shall not--\n (1) subject an individual to different standards or \n treatment on the basis of sexual orientation;\n (2) discriminate against an individual based on the sexual \n orientation of persons with whom such individual is believed to \n associate or to have associated; or\n (3) otherwise discriminate against an individual on the \n basis of sexual orientation.\n\nSEC. 3. BENEFITS.\n\n This Act does not apply to the provision of employee benefits to an \nindividual for the benefit of his or her partner.\n\nSEC. 4. NO DISPARATE IMPACT.\n\n The fact that an employment practice has a disparate impact, as the \nterm ``disparate impact'' is used in section 703(k) of the Civil Rights \nAct of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation \ndoes not establish a prima facie violation of this Act.\n\nSEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.\n\n (a) Quotas.--A covered entity shall not adopt or implement a quota \non the basis of sexual orientation.\n (b) Preferential Treatment.--A covered entity shall not give \npreferential treatment to an individual on the basis of sexual \norientation.\n\nSEC. 6. RELIGIOUS EXEMPTION.\n\n (a) In General.--Except as provided in subsection (b), this Act \nshall not apply to religious organizations.\n (b) For-Profit Activities.--This Act shall apply to a religious \norganization's for-profit activities subject to taxation under section \n511(a) of the Internal Revenue Code of 1986 as in effect on the date of \nthe enactment of this Act.\n\nSEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' \n PREFERENCES.\n\n (a) Armed Forces.--(1) For purposes of this Act, the term \n``employment or employment opportunities'' does not apply to the \nrelationship between the United States and members of the Armed Forces.\n (2) As used in paragraph (1), the term ``Armed Forces'' means the \nArmy, Navy, Air Force, Marine Corps, and Coast Guard.\n (b) Veterans' Preferences.--This Act does not repeal or modify any \nFederal, State, territorial, or local law creating special rights or \npreferences for veterans.\n\nSEC. 8. ENFORCEMENT.\n\n (a) Enforcement Powers.--With respect to the administration and \nenforcement of this Act--\n (1) the Commission and the Librarian of Congress shall have \n the same powers, respectively, as the Commission and the \n Librarian of Congress have to administer and enforce title VII \n of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);\n (2) the Attorney General of the United States shall have \n the same powers as the Attorney General has to administer and \n enforce such title; and\n (3) the district courts of the United States shall have the \n same jurisdiction and powers as such courts have to enforce \n such title and section 309 of the Civil Rights Act of 1991 (2 \n U.S.C. 1209).\n (b) Procedures and Remedies.--The procedures and remedies \napplicable to a claim for a violation of this Act are as follows:\n (1) For a violation alleged by an individual, other than an \n individual specified in paragraph (2) or (3), the procedures \n and remedies applicable to a claim brought by an individual for \n a violation of title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.) shall apply.\n (2) For a violation alleged by an employee of the House of \n Representatives or of an instrumentality of the Congress, the \n procedures and remedies applicable to a claim by such employee \n for a violation of section 117 of the Civil Rights Act of 1991 \n (2 U.S.C. 60l) shall apply.\n (3) For a violation alleged by a Senate employee, the \n procedures and remedies applicable to a claim by such employee \n for a violation of section 302 of the Civil Rights Act of 1991 \n (2 U.S.C. 1202) shall apply.\n\nSEC. 9. STATE AND FEDERAL IMMUNITY.\n\n (a) State Immunity.--A State shall not be immune under the eleventh \narticle of amendment to the Constitution of the United States from an \naction in a Federal court of competent jurisdiction for a violation of \nthis Act. In an action against a State for a violation of this Act, \nremedies (including remedies at law and in equity) are available for \nthe violation to the same extent as such remedies are available in an \naction against any public or private entity other than a State.\n (b) Liability of the United States.--The United States shall be \nliable for all remedies under this Act to the same extent as a private \nperson and shall be liable to the same extent as a nonpublic party for \ninterest to compensate for delay in payment.\n\nSEC. 10. ATTORNEYS' FEES.\n\n In any action or administrative proceeding commenced pursuant to \nthis Act, the court or the Commission, in its discretion, may allow the \nprevailing party, other than the United States, a reasonable attorney's \nfee, including expert fees and other litigation expenses, and costs. \nThe United States shall be liable for the foregoing the same as a \nprivate person.\n\nSEC. 11. RETALIATION AND COERCION PROHIBITED.\n\n (a) Retaliation.--A covered entity shall not discriminate against \nan individual because such individual opposed any act or practice \nprohibited by this Act or because such individual made a charge, \nassisted, testified, or participated in any manner in an investigation, \nproceeding, or hearing under this Act.\n (b) Coercion.--A person shall not coerce, intimidate, threaten, or \ninterfere with any individual in the exercise or enjoyment of, or on \naccount of his or her having exercised, enjoyed, assisted, or \nencouraged the exercise or enjoyment of, any right granted or protected \nby this Act.\n\nSEC. 12. POSTING NOTICES.\n\n A covered entity shall post notices for employees, applicants for \nemployment, and members describing the applicable provisions of this \nAct in the manner prescribed by, and subject to the penalty provided \nunder, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-\n10).\n\nSEC. 13. REGULATIONS.\n\n The Commission shall have authority to issue regulations to carry \nout this Act.\n\nSEC. 14. RELATIONSHIP TO OTHER LAWS.\n\n This Act shall not invalidate or limit the rights, remedies, or \nprocedures available to an individual claiming discrimination \nprohibited under any other Federal law or any law of a State or \npolitical subdivision of a State.\n\nSEC. 15. SEVERABILITY.\n\n If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be invalid, the remainder of \nthis Act and the application of such provision to other persons or \ncircumstances shall not be affected thereby.\n\nSEC. 16. EFFECTIVE DATE.\n\n This Act shall take effect 60 days after the date of the enactment \nof this Act and shall not apply to conduct occurring before such \neffective date.\n\nSEC. 17. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``Commission'' means the Equal Employment \n Opportunity Commission.\n (2) The term ``covered entity'' means an employer, \n employment agency, labor organization, joint labor management \n committee, an entity to which section 717(a) of the Civil \n Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing \n authority of the House of Representatives, an employing office \n of the Senate, or an instrumentality of the Congress.\n (3) The term ``employer'' has the meaning given such term \n in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(b)).\n (4) The term ``employment agency'' has the meaning given \n such term in section 701(c) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(c)).\n (5) The term ``employment or employment opportunities'' \n includes job application procedures, hiring, advancement, \n discharge, compensation, job training, or any other term, \n condition, or privilege of employment.\n (6) The term ``instrumentalities of the Congress'' has the \n meaning given such term in section 117(b)(4) of the Civil \n Rights Act of 1991 (2 U.S.C. 60l(b)(4)).\n (7) The term ``labor organization'' has the meaning given \n such term in section 701(d) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(d)).\n (8) The term ``person'' has the meaning given such term in \n section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(a)).\n (9) The term ``religious organization'' means--\n (A) a religious corporation, association, or \n society; or\n (B) a college, school, university, or other \n educational institution, not otherwise a religious \n organization, if--\n (i) it is in whole or substantial part \n controlled, managed, owned, or supported by a \n religious corporation, association, or society; \n or\n (ii) its curriculum is directed toward the \n propagation of a particular religion.\n (10) The term ``Senate employee'' has the meaning given \n such term in section 301(c) of the Civil Rights Act of 1991 (2 \n U.S.C. 1201(c)).\n (11) The term ``sexual orientation'' means lesbian, gay, \n bisexual, or heterosexual orientation, real or perceived, as \n manifested by identity, acts, statements, or associations.\n (12) The term ``State'' has the meaning given such term in \n section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(i)).","summary":"Employment Non-Discrimination Act of 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner. And (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations, (2) the armed forces. Or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.","title":"Employment Non-Discrimination Act of 1994","text_len":10082,"sum_len":872} {"bill_id":"104_hr909","text":"SECTION 1. STATEMENT OF PRINCIPLES.\n\n (a) Purpose.--It is the purpose of this Act to create principles \ngoverning the conduct of commercial cooperation projects of United \nStates nationals in the Socialist Republic of Vietnam.\n (b) Principles.--It is the sense of the Congress that any United \nStates national conducting a commercial cooperation project in the \nSocialist Republic of Vietnam should adhere to the following \nprinciples:\n (1) Seek to ensure that political or religious views, sex, \n ethnic or national background, involvement in political \n activities or nonviolent demonstrations, or association with \n suspected or known dissidents will not prohibit hiring, lead to \n harassment, demotion, or dismissal, or in any way affect the \n status or terms of employment in the commercial cooperation \n project. The United States national should not discriminate in \n terms or conditions of employment in the commercial cooperation \n project against former members of the armed forces of the \n Republic of Vietnam (South Vietnam), former government \n officials of the Republic of Vietnam, former employees of the \n United States Government in the Republic of Vietnam, former \n employees of United States Government officials in the Republic \n of Vietnam, former employees of United States enterprises in \n the Republic of Vietnam, and repatriated asylum-seekers (so-\n called ``boat people'').\n (2) Ensure that methods of production used in the \n commercial cooperation project do not pose an unnecessary \n physical danger to workers and neighboring populations and \n property and that the commercial cooperation project does not \n unnecessarily risk harm to the surrounding environment.\n (3) Strive to use business enterprises that are not \n controlled by the Socialist Republic of Vietnam or its \n authorized agents and departments as potential partners in the \n commercial cooperation project.\n (4) Prohibit any military presence on the premises of the \n commercial cooperation project.\n (5) Undertake to promote freedom of association and \n assembly among the employees of the United States national, \n including the right of employees to form collective bargaining \n units. The United States national should protest any \n infringement by the Government of the Socialist Republic of \n Vietnam of these freedoms to the appropriate authorities of \n that government and to the International Labor Organization.\n (6) Prohibit any compulsory political indoctrination \n programs from taking place on the premises of the operations of \n the commercial cooperation project.\n (7) Promote freedom of expression, including the freedom to \n seek, receive, and impart information and ideas of all kinds, \n regardless of frontiers, either orally, in writing or in print, \n in the form of art, or through any media. To this end, the \n United States national should raise with appropriate \n authorities of the Government of the Socialist Republic of \n Vietnam concerns about restrictions on importation of foreign \n publications.\n (8) Undertake to promote a full accounting of all Americans \n missing in action from the Vietnam conflict.\n (c) Promotion of Principles by Other Nations.--The Secretary of \nState shall forward a copy of the principles described in subsection \n(b) to the member nations of the Organization for Economic Cooperation \nand Development and encourage them to promote principles similar to \nthese principles.\n\nSEC. 2. REGISTRATION REQUIREMENT.\n\n (a) In General.--Each United States national conducting a \ncommercial cooperation project in the Socialist Republic of Vietnam \nshall register with the Secretary of State and indicate whether the \nUnited States national agrees to implement the principles described in \nsection 1(b). No fee shall be required for registration under this \nsubsection.\n (b) Effective Date.--The registration requirement of subsection (a) \nshall take effect 6 months after the date of the enactment of this Act.\n\nSEC. 3. REPORTING REQUIREMENTS.\n\n (a) Report.--Each United States national conducting a commercial \ncooperation project in the Socialist Republic of Vietnam shall report \nto the Department of State describing the United States national's \nadherence to the principles described in section 1(b). Such national \nshall submit a completed reporting form furnished by the Department of \nState. The first report shall be submitted not later than 1 year after \nthe date on which the national registers under section 2 and not later \nthan the end of each 1-year period occurring thereafter.\n (b) Review of Report.--The Secretary of State shall review each \nreport submitted under subsection (a) and determine whether the United \nStates national submitting the report is adhering to the principles \ndescribed in section 1(b). The Secretary may request additional \ninformation from the United States national and other sources to verify \nthe information submitted.\n (c) Annual Report.--The Secretary of State shall submit a report to \nthe Congress and to the Secretariat of the Organization for Economic \nCooperation and Development, describing the level of adherence to the \nprinciples described in section 1(b) by United States nationals subject \nto the reporting requirement of subsection (a). This report shall be \nsubmitted not later than 2 years after the date of the enactment of \nthis Act and not later than the end of each 1-year period occurring \nthereafter.\n\nSEC. 4. EXPORT MARKETING SUPPORT.\n\n (a) Support.--Departments and agencies of the United States may \nonly intercede with a foreign government or foreign national regarding \nexport marketing activity in the Socialist Republic of Vietnam on \nbehalf of a United States national subject to the reporting \nrequirements of section 3(a) if that United States national adheres to \nthe principles.\n (b) Type of Contact.--The term ``intercede with a foreign \ngovernment or foreign national'' includes any contact by an officer or \nemployee of the United States with officials of any foreign government \nor foreign national involving or contemplating any effort to assist in \nselling a good, service, or technology in the Socialist Republic of \nVietnam. Such term does not include multilateral or bilateral \ngovernment-to-government trade negotiations intended to resolve trade \nissues which may affect United States nationals who do not adhere to \nthe principles.\n (c) Effective Date.--Subsection (a) shall take effect 2 years after \nthe date of enactment of this Act.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the terms ``adhere to the principles'', ``adhering to \n the principles'' and ``adherence to the principles'' mean--\n (A) agreeing to implement the principles described \n in section 1(b);\n (B) implementing those principles by taking good \n faith measures with respect to each such principle; and\n (C) reporting accurately to the Department of State \n on the measures taken to implement those principles;\n (2) the term ``commercial cooperation project'' refers to a \n for-profit activity the business operations of which employ \n more than 25 individuals or have assets greater than $25,000; \n and\n (3) the term ``United States national'' means--\n (A) a citizen or national of the United States or a \n permanent resident of the United States; and\n (B) a corporation, partnership, and other business \n association organized under the laws of the United \n States, any State or territory thereof, the District of \n Columbia, the Commonwealth of Puerto Rico, or the \n Commonwealth of the Northern Mariana Islands.","summary":"Expresses the sense of the Congress that any US national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment, (2) worker and environmental safety, (3) partnerships with businesses not controlled by the Vietnamese Government. (4) prohibitions on a military presence and political indoctrination programs on project premises, (5) freedoms of association and expression. And (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires US nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles. And (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a US national regarding export marketing activities in Vietnam only if such individual adheres to the principles.","title":"To encourage liberty inside the Socialist Republic of Vietnam.","text_len":8210,"sum_len":1177} {"bill_id":"103_hr3582","text":"SECTION 1. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS.\n\n Section 9(b)(6) of the National School Lunch Act (42 U.S.C. \n1758(b)(6)) is amended--\n (1) in subparagraph (A)--\n (A) in the matter preceding clause (i), by striking \n ``a member of'';\n (B) in clause (i)--\n (i) by inserting ``a member of'' after \n ``(i)''; and\n (ii) by striking ``or'' at the end of the \n clause;\n (C) in clause (ii)--\n (i) by inserting ``a member of'' after \n ``(ii)''; and\n (ii) by striking the period at the end of \n the clause and inserting ``; or''; and\n (D) by adding at the end the following new clause:\n ``(iii) enrolled as a participant in a Head Start program \n authorized under the Head Start Act (42 U.S.C. 9831 et \n seq.).''; and\n (2) in subparagraph (B), by striking ``food stamps or aid \n to families with dependent children'' and inserting ``food \n stamps, aid to families with dependent children, or enrollment \n or participation in a Head Start program''.\n\nSEC. 2. CHILD AND ADULT CARE FOOD PROGRAM.\n\n (a) Definition of Institution.--The second sentence of section \n17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended \nby striking ``for which it receives'' and all that follows through \n``whichever is less)'' and inserting ``if at least 25 percent of the \nchildren served by the organization meet the income eligibility \ncriteria established under section 9(b) for free or reduced price \nmeals''.\n (b) Additional Reimbursement for Family or Group Day Care Home \nSponsoring Organizations.--Section 17(f)(2)(B) of such Act (42 U.S.C. \n1766(f)(2)(B)) is amended by striking ``in the case of an institution \n(but not in the case of a family or group day care home sponsoring \norganization),''.\n (c) Enhanced Administrative Reimbursement Rate for Family or Group \nDay Care Home Sponsoring Organizations Serving Rural or Low-Income Area \nProviders.--Section 17(f)(3)(B) of such Act (42 U.S.C. 1766(f)(3)(B)) \nis amended by inserting after the second sentence the following new \nsentences: ``The Secretary shall set enhanced reimbursement levels for \nthe administrative expenses of sponsors serving providers in rural \nareas or areas in which poor economic conditions exist. Such levels \nshall be $10 higher than the standard reimbursement for administrative \nexpenses described in the first sentence of this subparagraph. Such \nenhanced reimbursement levels shall be adjusted July 1 of each year to \nreflect changes in the Consumer Price Index for all items for the most \nrecent 12-month period for which such data are available.''.\n (d) Expansion Funds.--Section 17(f)(3)(C) of such Act (42 U.S.C. \n1766(f)(3)(C)) is amended--\n (1) in the last sentence, by striking ``two months'' and \n inserting ``6 months''; and\n (2) by adding at the end the following new sentences: \n ``Expansion funds may be used to conduct outreach to unlicensed \n day care homes to enable the day care homes to become licensed \n and to participate in the program established under this \n section. A sponsoring organization may receive expansion funds \n for no more than 50 day care homes.''.\n (e) Extension.--Section 17(p)(5) of such Act (42 U.S.C. 1766(p)(5)) \nis amended by striking ``1994'' and inserting ``1998''.\n (f) Medicaid and WIC Information.--Section 17 of such Act (42 \nU.S.C. 1766) is amended by adding at the end the following new \nsubsection:\n ``(q)(1)(A) The Secretary shall provide materials concerning the \nmedical assistance program established under title XIX of the Social \nSecurity Act (42 U.S.C. 1396 et seq.) (referred to in this subsection \nas the `medicaid program') to State agencies for use in carrying out \nthe program established under this section.\n ``(B) The materials shall inform State agencies about the \navailability and importance of--\n ``(i) the medicaid program to children from low-income \n families, including a basic explanation of program benefits and \n national income standards; and\n ``(ii) the medicaid program components established for low-\n income elderly and disabled persons under subparagraphs \n (A)(ii)(X) and (E) of section 1902(a)(10) of the Social \n Security Act (42 U.S.C. 1396a(a)(10)), including a basic \n explanation of program benefits and national income standards.\n ``(C) The Secretary--\n ``(i) may request that the Secretary of Health and Human \n Services assist in the preparation of the materials; and\n ``(ii) shall submit the materials to the Secretary of \n Health and Human Services for comment prior to submitting the \n materials to State agencies.\n ``(2) The Secretary shall also provide State agencies with basic \ninformation concerning the importance and benefits of the special \nnutrition program for women, infants, and children authorized under \nsection 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).\n ``(3) The State agency shall--\n ``(A) provide each child care institution participating in \n the program established under this section, other than \n institutions providing day care outside school hours for \n schoolchildren, with materials that include--\n ``(i) a basic explanation of the benefits and \n importance of--\n ``(I) health care coverage provided to \n young low-income children under the medicaid \n program; and\n ``(II) the special nutrition program for \n women, infants, and children;\n ``(ii) the maximum income limits, according to \n family size, applicable to children up to age 5 in the \n State under the medicaid program and under the special \n nutrition program for women, infants, and children; and\n ``(iii) a listing of the addresses and phone \n numbers of offices at which parents may apply;\n ``(B) provide each adult day care center participating in \n the program established under this section with materials that \n include--\n ``(i) a basic explanation of benefits provided \n under subparagraphs (A)(ii)(X) and (E) of section \n 1902(a)(10) of the Social Security Act;\n ``(ii) information on the income limits for the \n benefits by household size; and\n ``(iii) a listing of addresses and phone numbers of \n offices at which low-income elderly and disabled \n persons may apply for the benefits;\n ``(C) annually provide the institutions with an update of \n the information on income limits described in subparagraphs \n (A)(ii) and (B)(ii);\n ``(D) ensure that, at least once a year, the institutions \n to which subparagraph (A) applies provide written information \n to parents that includes--\n ``(i) basic information on the benefits provided \n under the medicaid program and the special nutrition \n program for women, infants, and children;\n ``(ii) information on the maximum income limits, \n according to family size, applicable to each program; \n and\n ``(iii) information on where parents may apply to \n participate in each program; and\n ``(E) ensure that, at least once a year, adult day care \n centers provide written information to program participants \n that provides--\n ``(i) basic information on the benefits provided \n under subparagraphs (A)(ii)(X) and (E) of section \n 1902(a)(10) of the Social Security Act;\n ``(ii) information on the income limits, by \n household size, applicable to the benefits; and\n ``(iii) information on where low-income and \n disabled persons may apply for the benefits.''.\n\nSEC. 3. EXPANDED ELIGIBILITY FOR MEAL SUPPLEMENTS FOR AFTERSCHOOL CARE \n PROGRAM.\n\n (a) In General.--Section 17A of the National School Lunch Act (42 \nU.S.C. 1766a) is amended--\n (1) in subsection (a)(1), by inserting ``and youths'' after \n ``children''; and\n (2) in subsection (b), by striking ``served to children'' \n and all that follows and inserting ``served to children and \n youths who have not attained the age of 18, including children \n of migrant workers or children with handicaps.''.\n (b) Conforming Amendment.--The section heading of section 17A of \nsuch Act (42 U.S.C. 1766a) is amended by inserting ``and youths'' after \n``children''.\n\nSEC. 4. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS \n CHILDREN.\n\n Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c)) \nis amended--\n (1) in paragraph (6)--\n (A) by inserting ``(A)'' after ``(6)''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) The Secretary shall submit a report to the appropriate \ncommittees of Congress that includes--\n ``(i) an explanation of the actions the Secretary has taken \n to carry out paragraph (7);\n ``(ii) an estimate, if practicable, of the number of \n children living in homeless shelters who are not served by the \n program established under this subsection; and\n ``(iii) a detailed plan for expanding the program so that \n more eligible children may participate in the program.''; and\n (2) by adding at the end the following new paragraph:\n ``(8)(A) Out of the funds provided to carry out this subsection, \nthe Secretary shall use funds, for each of fiscal years 1995 through \n1998, to carry out programs operated by shelters, halfway houses, and \nhospitals described in subparagraph (B) that the Secretary has approved \nfor participation, for the purpose of providing nutrition counseling, \nnutrition assessments, and referrals to individuals participating in--\n ``(i) the program established under this subsection;\n ``(ii) the special nutrition program for women, infants, \n and children established under section 17 of the Child \n Nutrition Act of 1966 (42 U.S.C. 1786);\n ``(iii) the medical assistance program established under \n title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) \n (also known as the `medicaid program'); and\n ``(iv) similar programs for homeless pregnant women, \n pregnant women at risk of becoming homeless, homeless mothers \n with newborn infants, or the guardians of boarder babies or \n other abandoned infants.\n ``(B) Programs administered by halfway houses, homeless shelters, \nhospitals, or transitional housing organizations under subparagraph \n(A), if approved by the Secretary, may receive funding under this \nparagraph for purposes specified in regulations of the Secretary.\n ``(C) The Secretary shall impose such auditing and recordkeeping \nrequirements as are necessary to monitor the use of Federal funds to \ncarry out this paragraph.\n ``(D) The Secretary shall periodically report to the appropriate \ncommittees of Congress on the referral and nutrition counseling and \nassessment programs carried out under this paragraph.''.\n\nSEC. 5. NUTRITION EDUCATION AND TRAINING ASSISTANCE FOR FAMILY DAY CARE \n HOME SPONSORS AND DAY CARE CENTER STAFF.\n\n Section 19(f) of the Child Nutrition Act of 1966 (42 U.S.C. \n1788(f)) is amended--\n (1) by redesignating paragraphs (3) and (4) as paragraphs \n (4) and (5), respectively; and\n (2) by inserting after paragraph (2) the following new \n paragraph:\n ``(3)(A) Subject to subparagraph (B), any State that receives a \ngrant authorized by this section in an amount that exceeds the amount \nunder a grant received by such State for the preceding fiscal year \nunder this section shall use 20 percent of the excess amount to provide \nnutrition education and training in accordance with this section to \ninstitutions (including family or group day care home sponsoring \norganizations) under section 17 of the National School Lunch Act (42 \nU.S.C. 1766) for the purpose of improving the delivery of services \nunder the child and adult care food program under such section.\n ``(B) The requirements contained in subparagraph (A) shall apply to \nStates only with respect to fiscal years for which more than \n$10,000,000 is appropriated pursuant to subsection (i) to carry out \nthis section.''.\n\nSEC. 6. EFFECTIVE DATES.\n\n (a) In General.--Except as provided in subsection (b), this Act and \nthe amendments made by this Act take effect on the date of enactment of \nthis Act.\n (b) Special Effective Dates.--The amendments made by--\n (1) sections 1, 2(a), and 2(d), take effect on July 1, \n 1995; and\n (2) section 2(e) take effect on October 1, 1995.","summary":"Amends the National School Lunch Act (NSLA) to make Head Start participants automatically eligible for free meals under the NSLA school lunch program and the school breakfast program of the Child Nutrition Act of 1966 (CNA). Revises the child and adult care food program under NSLA. Broadens the definition of eligible institution. Provides for additional reimbursement for family or group day care home sponsoring organizations and an enhanced administrative reimbursement rate for such organizations serving rural or low-income area providers. Increases the allowable amount of startup and expansion funds. Allows expansion funds to be used for outreach to unlicensed day care homes. Extends the authorization of appropriations for such program. Adds provisions relating to information about Medicaid and the special nutrition program for women, infants, and children (WIC). Expands eligibility for meal supplements for the afterschool care program to youths up to age 18. Requires the Secretary of Agriculture to report on demonstration projects to improve food service for homeless children. Directs the Secretary to use certain funds for nutrition counseling, assessments, and referrals for participants in such homeless demonstration program, WIC, Medicaid, and similar programs for homeless pregnant women or those at risk of becoming so, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. Requires periodic reports. Amends the Child Nutrition Act of 1966 (CNA) to require States to use a portion of certain increased grant funds for nutrition education and training assistance for family day care home sponsors and day care center staff.","title":"To amend the National School Lunch Act and the Child Nutrition Act of 1966 to improve and expand the school lunch and related programs under those Acts.","text_len":13623,"sum_len":1696} {"bill_id":"110_s2497","text":"SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE \n NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION, \n DEPLOYMENT, AND DEMOBILIZATION.\n\n (a) Findings.--Congress makes the following findings:\n (1) The members of the National Guard and Reserve have made \n extraordinary contributions to Operation Iraqi Freedom and \n Operation Enduring Freedom.\n (2) The scope and scale of recent mobilizations and \n deployments of members of the National Guard and Reserve is \n unprecedented in the modern history of the Armed Forces.\n (3) The frequency and length of such mobilizations and \n deployments has placed significant strain on the family members \n of deployed members.\n (4) The Department of Defense Task Force on Mental Health \n determined that family members of deployed members of the \n National Guard and Reserve are more likely to experience mental \n health challenges as a result of these mobilizations and \n deployments.\n (5) The Department of Defense Task Force on Mental Health \n also determined that family members of deployed members of the \n National Guard and Reserve are less likely to have ready access \n to mental health care during periods of deployment.\n (6) Family members of members of the National Guard and \n Reserve often live far from military installations that are the \n primary locations for mental health care provided by the \n Department of Defense.\n (7) Adequate support for family members of deployed members \n of the Armed Forces is critical to maintaining morale, both on \n the battlefield and on the home front.\n (b) Sense of Congress.--It is the sense of Congress that the \nDepartment of Defense should undertake appropriate actions to ensure \nthat family members of members of the National Guard and Reserve who \nare deployed have full access to mental health care during the periods \nof mobilization, deployment, and demobilization of such members of the \nNational Guard and Reserve.\n (c) Initiative To Increase Access to Mental Health Care.--\n (1) In general.--The Secretary of Defense shall undertake a \n nationwide initiative intended to increase access to mental \n health care for family members of members of the National Guard \n and Reserve who are mobilized.\n (2) Elements.--The initiative shall include the following:\n (A) Programs and activities to educate the family \n members of members of the National Guard and Reserve \n who are mobilized on potential mental health challenges \n connected with such mobilization.\n (B) Programs and activities to provide such family \n members with complete information on all mental health \n care resources available to such family members through \n the Department of Defense and otherwise.\n (C) Requirements for mental health counselors at \n military installations in communities with large \n numbers of mobilized members of the National Guard and \n Reserve to expand the reach of their counseling \n activities to include families of such members in such \n communities.\n (d) Mental Health Care Under TRICARE.--\n (1) In general.--Under such regulations as the Secretary of \n Defense shall prescribe, reimbursement shall be provided under \n the TRICARE program under chapter 55 of title 10, United States \n Code, for any mental health care specified in paragraph (3) \n that is provided to a family member of a covered member of the \n National Guard or Reserve during the period of deployment of \n such covered member of the National Guard or Reserve as \n described in paragraph (2).\n (2) Covered members of the national guard or reserve.--For \n purposes of this subsection, a covered member of the National \n Guard or Reserve is any member of the National Guard or Reserve \n on active duty for more than 30 days for a deployment in \n connection with Operation Iraqi Freedom or Operation Enduring \n Freedom who, while so on active duty, is covered by the TRICARE \n program on a for self and family basis.\n (3) Mental health care.--The mental health care specified \n in this paragraph is mental health care as follows:\n (A) Mental health care otherwise provided to \n covered dependents of members of the uniformed services \n under the TRICARE program.\n (B) Any mental health care and treatment that is \n provided at a facility accredited by the Joint \n Commission on Accreditation of Healthcare \n Organizations.\n (C) Any mental health care and treatment that is \n provided at a facility accredited by a State-\n accrediting institution, including a facility not \n otherwise recognized as an authorized provider under \n the TRICARE program.\n (D) Chemical dependency treatment at any partial \n hospital program, substance-abuse disorder \n rehabilitation facility, or residential treatment \n center accredited by the Joint Commission on \n Accreditation of Healthcare Organizations or by a \n State-accrediting institution.\n (4) Effective date.--This subsection shall take effect on \n January 1, 2008.\n (e) Reports.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, and every 180 days thereafter, the \n Secretary of Defense shall submit to the Committees on Armed \n Services of the Senate and the House of Representatives a \n report on this section.\n (2) Elements.--Each report shall include the following:\n (A) A current assessment of the extent to which \n family members of members of the National Guard and \n Reserve who are deployed have access to, and are \n utilizing, mental health care available under this \n section.\n (B) A current assessment of the quality of mental \n health care being provided d to family members of the \n National Guard and Reserve who are deployed at State-\n accredited treatment centers.\n (C) Such recommendations for legislative or \n administrative action as the Secretary considers \n appropriate in order to further assure full access by \n family members of members of the National Guard and \n Reserve who are deployed to mental health care during \n the mobilization, deployment, and demobilization of \n such members of the National Guard and Reserve.","summary":"Expresses the sense of Congress that the Department of Defense (DOD) should undertake actions to ensure that family members of National Guard and Reserve personnel who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization. Requires the Secretary of Defense to undertake an initiative to increase access to mental health care, including education concerning mental health challenges and information on available resources, for family members of such personnel who are mobilized. Requires reimbursement under the TRICARE program for certain mental health care services, including chemical dependency treatment, provided to a family member of a covered Guard or Reserve member during a period of deployment on active duty for more than 30 days in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while on such duty, is covered by the TRICARE program on a for self and family basis. Requires regular reports from the Secretary assessing the access and quality of such family mental health care services and recommendations for legislative and administrative action.","title":"A bill to ensure that families of members of the National Guard and Reserve have full access to mental health care during the mobilization, deployment, and demobilization of such members, and for other purposes.","text_len":7262,"sum_len":1152} {"bill_id":"108_hr4114","text":"TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``Migratory Bird Treaty Reform Act \nof 2004''.\n\nSEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN \n PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.\n\n Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is \namended--\n (1) in the first sentence by striking ``That unless and \n except as permitted'' and inserting the following: ``(a) In \n General.--Unless and except as permitted''; and\n (2) by adding at the end the following:\n ``(b) Limitation on Application to Introduced Species.--\n ``(1) In general.--This section applies only to migratory \n bird species that are native to the United States and whose \n occurrence in the United States is entirely the result of \n natural biological or ecological conditions.\n ``(2) Treatment of introduced species.--For purposes of \n paragraph (1)--\n ``(A) a bird species shall not be treated as native \n to the United States if it occurs in the United States \n solely as a result of intentional or unintentional \n human-assisted introduction; and\n ``(B) a migratory bird species shall be treated as \n native to the United States if--\n ``(i) it was native to the United States \n and extant in 1918;\n ``(ii) it was extirpated after 1918 \n throughout its range in the United States; and\n ``(iii) after such extirpation, it was \n reintroduced in the United States as a part of \n a program carried out by a Federal agency.''.\n\nSEC. 103. PUBLICATION OF LIST.\n\n The Secretary of the Interior shall publish in the Federal Register \nwithin 3 months after the date of enactment of this Act a list of all \nnon-native, human introduced bird species to which the Migratory Bird \nTreaty Act does not apply that belong to biological families of \nmigratory birds covered under any of the migratory bird conventions \nwith Great Britain (for Canada), Mexico, Russia, or Japan. The \nSecretary shall provide adequate time for public comment. Nothing in \nthis section concerning the publication of the list shall delay \nimplementation of other provisions of this Act that exclude non-native, \nhuman introduced bird species from the application of the Migratory \nBird Treaty Act.\n\n TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Neotropical Migratory Bird \nConservation Improvement Act of 2004''.\n\nSEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.\n\n (a) Findings.--Section 2(1) of the Neotropical Migratory Bird \nConservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but \nbreed in Canada and the United States'' after ``the Caribbean''.\n (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird \nConservation Act (16 U.S.C. 6102(2)) is amended by inserting \n``Canada,'' after ``United States,''.\n (c) Definition of Caribbean.--Section 4 of the Neotropical \nMigratory Bird Conservation Act is amended by redesignating paragraphs \n(2) and (3) in order or paragraphs (3) and (4), and by inserting \nparagraph (1) the following:\n ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico \n and the United States Virgin Islands.''.\n (d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird \nConservation Act (16 U.S.C. 6104(e)) is amended--\n (1) in paragraph (1) by striking ``25 percent'' and \n inserting ``50 percent''; and\n (2) in paragraph (2) by amending subparagraph (B) to read \n as follows:\n ``(B) Form of payment.--\n ``(i) Projects in the united states and \n canada.--The non-Federal share required to be \n paid for a project carried out in the United \n States or Canada shall be paid in cash.\n ``(ii) Projects in latin america and the \n caribbean.--The non-Federal share required to \n be paid for a project carried out in Latin \n America or the Caribbean may be paid in cash or \n in kind.''.\n (e) Report.--Section 8 of the Neotropical Migratory Bird \nConservation Act (16 U.S.C. 6107) is amended--\n (1) by striking ``October 1, 2002,'' and inserting ``12 \n months after the date of the enactment of the Neotropical \n Migratory Bird Conservation Improvement Act of 2004,''; and\n (2) by inserting before the period the following: ``, and a \n description of the activities of the advisory committee \n convened under section 7(b)''.\n (f) Neotropical Migratory Bird Conservation Fund.--\n (1) In general.-- Section 9 of the Neotropical Migratory \n Bird Conservation Act (16 U.S.C. 6108) is amended by striking \n so much as precedes subsection (c) and inserting the following:\n\n``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.\n\n ``(a) Establishment.--There is established in the Treasury a \nseparate account, which shall be known as the `Neotropical Migratory \nBird Conservation Fund'. The Fund shall consist of amounts deposited \ninto the Fund by the Secretary of the Treasury under subsection (b).\n ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall \ndeposit into the Fund--\n ``(1) all amounts received by the Secretary in the form of \n donations under subsection (d); and\n ``(2) other amounts appropriated to the Fund.''.\n (2) Administrative expenses.--Section 9(c)(2) of the \n Neotropical Migratory Bird Conservation Act (16 U.S.C. \n 6108(c)(2)) is amended by striking ``$80,000'' and inserting \n ``$150,000''.\n (3) Conforming amendments.--The Neotropical Migratory Bird \n Conservation Act is amended as follows:\n (A) In section 4 (16 U.S.C. 6103), by striking \n paragraph (1) and inserting the following:\n ``(1) Fund.--The term `Fund' means the Neotropical \n Migratory Bird Conservation Fund established by section \n 9(a).''.\n (B) In section 9(d) (16 U.S.C. 6108(d)), by \n striking ``Account'' and inserting ``Fund''.\n (4) Transfer.--The Secretary of the Treasury may transfer \n to the Neotropical Migratory Bird Conservation Fund amounts \n that were in the Neotropical Migratory Bird Conservation \n Account immediately before the enactment of this Act.\n (g) Authorization of Appropriations.--Section 10 of the Neotropical \nMigratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as \nfollows:\n\n``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There is authorized to be appropriated to the \nFund to carry out this Act the following amounts:\n ``(1) $5,000,000 for fiscal year 2005.\n ``(2) $5,000,000 for fiscal year 2006.\n ``(3) $10,000,000 for fiscal year 2007.\n ``(4) $15,000,000 for fiscal year 2008.\n ``(b) Availability.--Amounts appropriated under this section may \nremain available until expended.\n ``(c) Allocation.--Of amounts appropriated under this section for \neach fiscal year, not less than 75 percent shall be expended for \nprojects carried out outside the United States.\n ``(d) Limitation on Expenditures for Projects in Canada.--Amounts \nappropriated under this section for a fiscal year may not be used for \nany project in Canada unless the amount available to carry out this Act \nfor that fiscal year is greater than $10,000,000.''.\n\n\n\n\n ","summary":"Title I: Exclusion of Nonnative Species from Migratory Bird Treaty Act - Migratory Bird Treaty Reform Act of 2004 - Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions. Excludes from coverage under the MBTA bird species occurring as the result of human assisted introduction unless the species: (1) was native to the United States and extant in 1918, (2) became extinct throughout its range thereafter. And (3) was reintroduced as part of a Federal program. Requires the Secretary of the Interior to publish a list of all non-native, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain , Mexico, Russia, or Japan. Title II: Conservation of Neotropical Migratory Birds - Neotropical Migratory Bird Conservation Improvement Act of 2004 - Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to increase the Federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean. Establishes the Neotropical Migratory Bird Conservation Fund. Increases the amount of funds that the Secretary may expend to administer the NMBCA. Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. Authorizes appropriations. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Prohibits expenditures for projects in Canada during a fiscal year unless the amount available to carry out NMBCA exceeds $10 million for that year.","title":"To amend the Migratory Bird Treaty Act to exclude non-native migratory bird species from the application of that Act, and for other purposes.","text_len":8078,"sum_len":1971} {"bill_id":"115_s670","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Over-the-Counter Hearing Aid Act of \n2017''.\n\nSEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS.\n\n (a) In General.--Section 520 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360j) is amended by adding at the end the \nfollowing:\n ``(p) Regulation of Over-the-Counter Hearing Aids.--\n ``(1) Definition.--In this subsection, the term `over-the-\n counter hearing aid' means a device--\n ``(A) that uses the same fundamental scientific \n technology as air conduction hearing aids (as defined \n in section 874.3300 of title 21, Code of Federal \n Regulations) (or any successor regulation) or wireless \n air conduction hearing aids (as defined in section \n 874.3305 of title 21, Code of Federal Regulations) (or \n any successor regulation);\n ``(B) that is intended to be used by adults over \n the age of 18 to compensate for perceived mild to \n moderate hearing impairment;\n ``(C) that, through tools, tests, or software, \n allows the user to control the over-the-counter hearing \n aid and customize it to the user's hearing needs;\n ``(D) that may--\n ``(i) use wireless technology; or\n ``(ii) include tests for self-assessment of \n hearing loss; and\n ``(E) that is available over-the-counter, without \n the supervision, prescription, or other order, \n involvement, or intervention of a licensed person, to \n consumers through in-person transactions, by mail, or \n online.\n ``(2) Regulation.--An over-the-counter hearing aid shall be \n subject to the regulations promulgated in accordance with \n section 2(b) of the Over-the-Counter Hearing Aid Act of 2017 \n and shall be exempt from sections 801.420 and 801.421 of title \n 21, Code of Federal Regulations (or any successor \n regulations).''.\n (b) Regulations To Establish Category.--\n (1) In general.--The Secretary of Health and Human Services \n (referred to in this section as the ``Secretary''), not later \n than 3 years after the date of enactment of this Act, shall \n promulgate proposed regulations to establish a category of \n over-the-counter hearing aids, as defined in subsection (p) of \n section 520 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 360j) as amended by subsection (a), and, not later than \n 180 days after the date on which the public comment period on \n the proposed regulations closes, shall issue such final \n regulations.\n (2) Requirements.--In promulgating the regulations under \n paragraph (1), the Secretary shall--\n (A) include requirements that provide reasonable \n assurances of the safety and efficacy of over-the-\n counter hearing aids;\n (B) include requirements that establish or adopt \n output limits appropriate for over-the-counter hearing \n aids;\n (C) include requirements for appropriate labeling \n of the over-the-counter hearing aid, including how \n consumers may report adverse events, any conditions or \n contraindications, and any advisements to consult \n promptly with a licensed physician; and\n (D) describe the requirements under which the sale \n of over-the-counter hearing aids is permitted, without \n the supervision, prescription, or other order, \n involvement, or intervention of a licensed person, to \n consumers through in-person transactions, by mail, or \n online.\n (3) Premarket notification.--The Secretary shall make \n findings under section 510(m) of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the-\n counter hearing aids (as defined in section 520(p) of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j), as \n amended by subsection (a)) require a report under section \n 510(k) to provide reasonable assurance of safety and \n effectiveness.\n (4) Effect on state law.--No State or local government \n shall establish or continue in effect any law, regulation, \n order, or other requirement specifically applicable to hearing \n products that would restrict or interfere with the servicing, \n marketing, sale, dispensing, use, customer support, or \n distribution of over-the-counter hearing aids (as defined in \n section 520(p) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 360j), as amended by subsection (a)) through in-person \n transactions, by mail, or online, that is different from, in \n addition to, or otherwise not identical to, the regulations \n promulgated under this subsection, including any State or local \n requirement for the supervision, prescription, or other order, \n involvement, or intervention of a licensed person for consumers \n to access over-the-counter hearing aids.\n (c) New Guidance Issued.--Not later than the date on which final \nregulations are issued under subsection (b), the Secretary shall update \nand finalize the draft guidance of the Department of Health and Human \nServices entitled, ``Regulatory Requirements for Hearing Aid Devices \nand Personal Sound Amplification Products'', issued on November 7, \n2013. Such updated and finalized guidance shall clarify which products, \non the basis of claims or other marketing, advertising, or labeling \nmaterial, meet the definition of a device in section 201 of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 321) and which products meet \nthe definition of a personal sound amplification product, as set forth \nin such guidance.","summary":"Over-the-Counter Hearing Aid Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must: (1) provide reasonable assurances of safety and efficacy, (2) establish output limits and labeling requirements. And (3) describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements specifically applicable to hearing products that are not identical to FDA requirements and that restrict or interfere with the servicing or sale of over-the-counter hearing aids. The FDA must update and finalize its draft guidance on hearing products. The guidance must clarify which products are medical devices.","title":"Over-the-Counter Hearing Aid Act of 2017","text_len":6248,"sum_len":946} {"bill_id":"109_s3460","text":"SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE \n PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004.\n\n (a) In General.--Notwithstanding section 514 of the Tariff Act of \n1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of \nCustoms and Border Protection shall, not later than 90 days after the \nreceipt of the request described in subsection (b), liquidate or \nreliquidate the entries described in subsection (d) at a rate of duty \nof 1.9 cents per kilogram plus 1.5 percent ad valorem.\n (b) Request.--Liquidation or reliquidation may be made under \nsubsection (a) with respect to an entry described in subsection (d) \nonly if a request is filed with the Bureau of Customs and Border \nProtection not later than 90 days after the date of the enactment of \nthis Act.\n (c) Refund of Amounts Owed.--Any amounts owed by the United States \npursuant to the liquidation or reliquidation of an entry described in \nsubsection (d) (including interest from the date of entry) shall be \nrefunded not later than 90 days after the date of such liquidation or \nreliquidation.\n (d) Affected Entries.--The entries referred to in subsection (a) \nare as follows:\n\n\n \n \n \n Entry number Date of entry\n EF4-0054953-3........................ 06\/11\/04\n EF4-0054958-2........................ 06\/18\/04\n EF4-0054987-1........................ 06\/24\/04\n EF4-0054989-7........................ 06\/19\/04\n EF4-0054990-5........................ 06\/24\/04\n EF4-0054991-3........................ 06\/24\/04\n EF4-0054992-1........................ 06\/24\/04\n EF4-0054993-9........................ 06\/24\/04\n EF4-0054994-7........................ 06\/26\/04\n EF4-0054995-4........................ 06\/26\/04\n EF4-0055060-6........................ 06\/25\/04\n EF4-0055070-5........................ 06\/24\/04\n EF4-0055073-9........................ 06\/21\/04\n EF4-0055090-3........................ 06\/19\/04\n EF4-0055120-8........................ 07\/01\/04\n EF4-0055125-7........................ 06\/27\/04\n EF4-0055127-3........................ 07\/03\/04\n EF4-0055128-1........................ 07\/03\/04\n EF4-0055129-9........................ 06\/29\/04\n EF4-0055130-7........................ 07\/03\/04\n EF4-0055131-5........................ 07\/03\/04\n EF4-0055132-3........................ 07\/03\/04\n EF4-0055166-1........................ 07\/09\/04\n EF4-0055177-8........................ 07\/09\/04\n EF4-0055182-8........................ 07\/10\/04\n EF4-0055200-8........................ 07\/04\/04\n EF4-0055224-8........................ 07\/05\/04\n EF4-0055227-1........................ 07\/09\/04\n EF4-0055232-1........................ 07\/09\/04\n EF4-0055234-7........................ 07\/08\/04\n EF4-0055242-0........................ 07\/17\/04\n EF4-0055263-6........................ 07\/17\/04\n EF4-0055283-4........................ 07\/12\/04\n EF4-0055299-0........................ 07\/17\/04\n EF4-0055304-8........................ 07\/09\/04\n EF4-0055313-9........................ 07\/19\/04\n EF4-0055314-7........................ 07\/23\/04\n EF4-0055315-4........................ 07\/23\/04\n EF4-0055316-2........................ 07\/23\/04\n EF4-0055318-8........................ 07\/23\/04\n EF4-0055319-6........................ 07\/23\/04\n EF4-0055336-0........................ 07\/16\/04\n EF4-0055340-2........................ 07\/22\/04\n EF4-0055385-7........................ 07\/19\/04\n EF4-0055398-0........................ 07\/30\/04\n EF4-0055401-2........................ 07\/30\/04\n EF4-0055402-0........................ 07\/30\/04\n EF4-0055403-8........................ 07\/30\/04\n EF4-0055420-2........................ 07\/22\/04\n EF4-0055421-0........................ 07\/22\/04\n EF4-0055426-9........................ 07\/22\/04\n EF4-0055430-1........................ 07\/24\/04\n EF4-0055444-2........................ 07\/25\/04\n EF4-0055486-3........................ 07\/31\/04\n EF4-0055505-0........................ 07\/29\/04\n EF4-0055506-8........................ 07\/29\/04\n EF4-0055517-5........................ 08\/08\/04\n EF4-0055522-5........................ 08\/07\/04\n EF4-0055583-7........................ 08\/13\/04\n EF4-0055584-5........................ 08\/13\/04\n EF4-0055585-2........................ 08\/24\/04\n EF4-0055598-5........................ 08\/05\/04\n EF4-0055609-0........................ 08\/14\/04\n EF4-0055635-5........................ 08\/06\/04\n EF4-0055642-1........................ 08\/12\/04\n EF4-0055647-0........................ 08\/07\/04\n EF4-0055663-7........................ 08\/15\/04\n EF4-0055676-9........................ 09\/05\/04\n EF4-0055770-0........................ 08\/11\/04\n EF4-0055771-8........................ 08\/11\/04\n EF4-0055812-0........................ 08\/19\/04\n EF4-0055818-7........................ 08\/29\/04\n EF4-0055819-5........................ 08\/27\/04\n EF4-0055831-0........................ 09\/03\/04\n EF4-0055832-8........................ 09\/03\/04\n EF4-0055834-4........................ 08\/28\/04\n EF4-0055835-1........................ 08\/14\/04\n EF4-0055836-9........................ 08\/14\/04\n EF4-0055899-7........................ 09\/06\/04\n EF4-0055900-3........................ 09\/06\/04\n EF4-0055917-7........................ 09\/02\/04\n EF4-0055960-7........................ 09\/13\/04\n EF4-0055961-5........................ 09\/10\/04\n EF4-0055962-3........................ 09\/10\/04\n EF4-0055963-1........................ 09\/11\/04\n EF4-0055965-6........................ 09\/11\/04\n EF4-0055967-2........................ 09\/11\/04\n EF4-0056074-6........................ 09\/24\/04\n EF4-0056078-7........................ 09\/16\/04\n EF4-0056079-5........................ 09\/16\/04\n EF4-0056080-3........................ 09\/16\/04\n EF4-0056108-2........................ 09\/15\/04\n EF4-0056109-0........................ 08\/26\/04\n EF4-0056123-1........................ 09\/25\/04\n EF4-0056171-0........................ 09\/10\/04\n EF4-0056197-5........................ 10\/02\/04\n EF4-0056291-6........................ 09\/29\/04\n EF4-0056303-9........................ 10\/08\/04\n EF4-0056304-7........................ 10\/04\/04\n EF4-0056354-2........................ 10\/07\/04\n EF4-0056355-9........................ 10\/09\/04\n EF4-0056356-7........................ 10\/09\/04\n EF4-0056357-5........................ 10\/09\/04\n EF4-0056359-1........................ 10\/07\/04\n EF4-0056426-8........................ 10\/16\/04","summary":"Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries relating to high-density, fiberboard-core laminate panels and refund any amounts owed.","title":"A bill to provide for the liquidation or reliquidation of certain entries relating to high-density, fiberboard-core laminate panels entered in June 2004 through October 2004.","text_len":6724,"sum_len":182} {"bill_id":"114_hr5171","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Legacy IRA Act''.\n\nSEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR \n CHARITABLE PURPOSES.\n\n (a) In General.--Paragraph (8) of section 408(d) of the Internal \nRevenue Code of 1986 (relating to tax treatment of distributions) is \namended to read as follows:\n ``(8) Distributions for charitable purposes.--\n ``(A) In general.--No amount shall be includible in \n gross income by reason of a qualified charitable \n distribution.\n ``(B) Limitations.--\n ``(i) In general.--The aggregate amount \n excluded from gross income by subparagraph (A) \n for a taxable year shall not exceed $400,000.\n ``(ii) Organization and entity specific \n limitations.--The amount excluded from gross \n income by subparagraph (A) for a taxable year \n shall not exceed--\n ``(I) $100,000, in the case of any \n distribution described in subparagraph \n (C)(i)(I), and\n ``(II) $400,000, in the case of any \n distribution described in subparagraph \n (C)(i)(II).\n ``(C) Qualified charitable distribution.--For \n purposes of this paragraph, the term `qualified \n charitable distribution' means any distribution from an \n individual retirement account--\n ``(i) which is made directly by the \n trustee--\n ``(I) to a specified charitable \n organization, or\n ``(II) to a split-interest entity, \n and\n ``(ii) which is made on or after the date \n that the individual for whose benefit the \n account is maintained has attained--\n ``(I) in the case of any \n distribution described in clause \n (i)(I), age 70\\1\/2\\, and\n ``(II) in the case of any \n distribution described in clause \n (i)(II), age 65.\n ``(D) Special rules relating to distributions.--For \n purposes of this paragraph--\n ``(i) Distribution must be otherwise \n includible.--A distribution from an individual \n retirement account shall be treated as a \n qualified charitable distribution only to the \n extent that the distribution would be \n includible in gross income without regard to \n subparagraph (A).\n ``(ii) Limitation on income interests.--A \n distribution from an individual retirement \n account to a split-interest entity may only be \n treated as a qualified charitable distribution \n if--\n ``(I) no person holds an income \n interest in the split-interest entity \n other than the individual for whose \n benefit such account is maintained, the \n spouse of such individual, or both, and\n ``(II) the income interest in the \n split-interest entity is nonassignable.\n ``(iii) Contributions must be otherwise \n deductible.--A distribution from an individual \n retirement account to a specified charitable \n organization may be treated as a qualified \n charitable distribution only if--\n ``(I) in the case of a distribution \n to a charitable remainder annuity trust \n or a charitable remainder unitrust, a \n deduction for the entire value of the \n remainder interest in the distribution \n for the benefit of a specified \n charitable organization would be \n allowable under section 170 (determined \n without regard to subsection (b) \n thereof and this paragraph), and\n ``(II) in the case of a charitable \n gift annuity, a deduction in an amount \n equal to the amount of the distribution \n reduced by the value of the annuity \n described in section 501(m)(5)(B) would \n be allowable under section 170 \n (determined without regard to \n subsection (b) thereof and this \n paragraph).\n ``(E) Specified charitable organization defined.--\n For purposes of this paragraph, the term `specified \n charitable organization' means an organization \n described in section 170(b)(1)(A) (other than any \n organization described in section 509(a)(3) or any fund \n or account described in section 4966(d)(2)).\n ``(F) Split-interest entity defined.--For purposes \n of this paragraph, the term `split-interest entity' \n means--\n ``(i) a charitable remainder annuity trust \n (as defined in section 664(d)(1)), but only if \n such trust is funded exclusively by a qualified \n charitable distribution,\n ``(ii) a charitable remainder unitrust (as \n defined in section 664(d)(2)), but only if such \n unitrust is funded exclusively by one or more \n qualified charitable distributions, or\n ``(iii) a charitable gift annuity (as \n defined in section 501(m)(5)), but only if such \n annuity is funded exclusively by a qualified \n charitable distribution and commences fixed \n payments of 5 percent or greater not later than \n one year from date of funding.\n ``(G) Special rules.--\n ``(i) Charitable remainder trusts.--\n Notwithstanding section 664(b), distributions \n made from a trust described in clause (i) or \n (ii) of subparagraph (F) shall be treated as \n ordinary income in the hands of the beneficiary \n to whom is paid the annuity described in \n section 664(d)(1)(A) or the payment described \n in section 664(d)(2)(A).\n ``(ii) Charitable gift annuities.--\n Qualified charitable distributions made for a \n charitable gift annuity shall not be treated as \n an investment in the contract for purposes of \n section 72(c).\n ``(iii) Application of section 72.--\n Notwithstanding section 72, in determining the \n extent to which a distribution is a qualified \n charitable distribution, the entire amount of \n the distribution shall be treated as includible \n in gross income without regard to subparagraph \n (A) to the extent that such amount does not \n exceed the aggregate amount which would have \n been so includible if all amounts in all \n individual retirement plans of the individual \n were distributed during the taxable year and \n all such plans were treated as 1 contract for \n purposes of determining under section 72 the \n aggregate amount which would have been so \n includible. Proper adjustments shall be made in \n applying section 72 to other distributions in \n such taxable year and subsequent taxable years.\n ``(iv) Determining deduction under section \n 170.--Qualified charitable distributions shall \n not be taken into account in determining the \n deduction under section 170.\n ``(v) Required minimum distributions.--The \n entire amount of a qualified charitable \n distribution shall be taken into account for \n purposes of section 401(a)(9).\n ``(H) Termination with respect to split-entities.--\n Subparagraph (A) shall not apply to a distribution to a \n split-interest entity after December 31, 2020.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto distributions made in taxable years ending after the date of the \nenactment of this Act.","summary":"Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5 no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both. And (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65.","title":"Legacy IRA Act","text_len":10127,"sum_len":1359} {"bill_id":"106_s584","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Smoking Prevention, \nHealth, and Learning Trust Fund Act of 1999''.\n\nSEC. 2. AUTHORITY TO WAIVE RECOUPMENT UNDER THE MEDICAID PROGRAM OF \n TOBACCO-RELATED FUNDS.\n\n (a) In General.--Section 1903(d)(3) of the Social Security Act (42 \nU.S.C. 1396b(d)(3)) is amended--\n (1) by inserting ``(A)'' before ``The''; and\n (2) by adding at the end the following:\n ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any \namount recovered or paid to a State as part of the comprehensive \nsettlement of November 1998 between manufacturers of tobacco products \n(as defined in section 5702(d) of the Internal Revenue Code of 1986) \nand States, or as part of any individual State settlement or judgment \nreached in litigation initiated or pursued by a State against one or \nmore such manufacturers, if the Secretary finds that the following \nconditions are met:\n ``(i) Subject to subparagraph (C), with respect to any \n fiscal year, the State demonstrates, through a plan submitted \n to, and approved by, the Secretary, that 50 percent of amounts \n so recovered or paid (in this subparagraph referred to as the \n `Federal share') during the fiscal year shall be expended \n consistent with the following:\n ``(I) At least 35 percent of the Federal share \n shall be expended on one or more of the tobacco use \n prevention programs described in subparagraph (D).\n ``(II) Subject to subparagraph (F), the remainder \n of the Federal share (determined after the application \n of subclause (I)) shall be expended on one or more of \n the health care and early learning programs described \n in subparagraph (E).\n ``(ii) With respect to any fiscal year--\n ``(I) the level of funds expended by the State \n (determined without regard to any portion of the \n Federal share expended by the State) for any program on \n which a portion of the Federal share is to be expended \n is not less than the level of funds expended by the \n State during the most recent State fiscal year ending \n before the date on which the State first recovered or \n received any funds pursuant to a settlement or judgment \n described in this subparagraph; and\n ``(II) an amount equal to the Federal share is used \n to supplement and not supplant the level of funds \n expended by the State for any such program during such \n State fiscal year.\n ``(iii) The State files with the Secretary an annual report \n that, with respect to a fiscal year--\n ``(I) details how the Federal share of the amounts \n so recovered or paid has been spent consistent with \n clause (i); and\n ``(II) identifies, with respect to each program \n funded in accordance with clause (i) (and, if \n applicable, subparagraph (F))--\n ``(aa) the amount of additional \n expenditures made for each such program;\n ``(bb) the number of additional individuals \n participating in the program and the nature of \n the services provided; and\n ``(cc) such other information as the \n Secretary determines is necessary.\n ``(C) If any State can demonstrate to the Secretary that the \nFederal share of the total amount expended by the State under this \ntitle to treat tobacco-induced illnesses is less than 50 percent of the \ntotal amount recovered or paid to the State as a result of a settlement \nor judgment described in subparagraph (B), clause (i) of that \nsubparagraph shall be applied by substituting for `50 percent' the \npercentage so demonstrated by the State.\n ``(D) For purposes of subparagraph (B)(i)(I), tobacco use \nprevention programs described in this subparagraph are the following:\n ``(i) Counter-advertising programs to discourage tobacco \n use.\n ``(ii) Smoking cessation programs.\n ``(iii) School-based tobacco use prevention programs.\n ``(iv) Community-based tobacco use prevention programs.\n ``(v) Programs to enforce prohibitions on the sale of \n tobacco products to youth.\n ``(vi) Other State-initiated programs to deter tobacco use \n and assist individuals suffering from nicotine addiction or \n smoking-induced disease.\n ``(E) For purposes of subparagraph (B)(i)(II), health care and \nearly learning programs described in this subparagraph are the \nfollowing:\n ``(i) Community health centers that receive funds under \n section 330 of the Public Health Service Act (42 U.S.C. 254b).\n ``(ii) Prescription drug assistance programs to help senior \n citizens pay for pharmaceuticals.\n ``(iii) The State Children's Health Insurance Program \n established under title XXI.\n ``(iv) Maternal and child health services provided under \n title V.\n ``(v) The Child Care and Development Block Grant Act of \n 1990 (42 U.S.C. (42 U.S.C. 9858 et seq.).\n ``(vi) The Safe and Drug-Free Schools and Communities \n Program under title IV of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7101 et seq.).\n ``(vii) State-initiated programs approved by the Secretary \n to--\n ``(I) make health insurance available to the \n uninsured;\n ``(II) provide health services to the underserved \n or uninsured;\n ``(III) reduce public health risks; or\n ``(IV) support medical research and expand access \n to clinical trials for individuals with serious \n illnesses.\n ``(viii) State-initiated programs approved by the Secretary \n to--\n ``(I) award grants to communities for the creation, \n improvement, and expansion of early childhood education \n opportunities; or\n ``(II) serve the educational and developmental \n needs of children 5 years of age or younger.\n ``(F) In the case of any State that is a tobacco-growing State, the \nState may use up to 25 percent of the remainder of the Federal share \n(determined after the application of subparagraph (B)(i)(I)) for \nprograms to assist tobacco farmers and tobacco workers who have \nsustained an adverse financial impact as a direct result of a \nsettlement or judgment described in subparagraph (B).\n ``(G) Amounts provided to a State under any provision of law \nreferred to in subparagraph (D) or (E) shall not be reduced solely as a \nresult of the availability of funds recovered or received pursuant to a \nsettlement or judgment described in subparagraph (B).\n ``(H) If the Secretary determines that amounts described in \nsubparagraph (B)(i) are not being spent in accordance with \nsubparagraphs (D), (E), and, as applicable, (C) and (F), or that a \nState has failed to comply with the requirements of clauses (ii) and \n(iii) of subparagraph (B), subparagraph (A) and paragraph (2)(B) shall \napply to such amounts and the Secretary shall take appropriate action \nto offset such amounts from the amounts otherwise paid to the State \nunder this title.''.\n (b) Prohibition on Payment for Administrative Expenses Incurred in \nPursuing Tobacco Litigation.--Section 1903(i) of the Social Security \nAct (42 U.S.C. 1396b(i)) is amended--\n (1) in paragraph (18), by striking the period and inserting \n ``; or''; and\n (2) by inserting after paragraph (18) the following:\n ``(19) with respect to any amount expended on \n administrative costs to initiate or pursue litigation against \n one or more manufacturers of tobacco products (as defined in \n section 5702(d) of the Internal Revenue Code of 1986).''.\n (c) Effective Date.--The amendments made by this section apply to \namounts recovered or paid to a State before, on, or after the date of \nenactment of this Act.","summary":"Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid. And (2) payment for administrative expenses incurred in pursuing tobacco litigation is prohibited. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act.","title":"Children's Smoking Prevention, Health, and Learning Trust Fund Act of 1999","text_len":8556,"sum_len":453} {"bill_id":"107_s1266","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SCHIP Enhancement Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The State children's health insurance program (SCHIP) \n established under title XXI of the Social Security Act (42 \n U.S.C. 1397aa et seq.) currently limits coverage of children \n under that program to children whose family income does not \n exceed 200 percent of the Federal poverty line or 50 percentage \n points above the State's medicaid applicable income level.\n (2) Three million uninsured children (over 1 of every 4 \n such children) have family incomes that exceed 200 percent of \n the Federal poverty line, and 1,400,000 of those uninsured \n children would be provided health insurance coverage if the \n income eligibility level for SCHIP were increased to 300 \n percent of the Federal poverty line.\n\nSEC. 3. STATE OPTION TO EXPAND INCOME ELIGIBILITY UNDER SCHIP.\n\n (a) Definition of Low-Income Child.--Section 2110(c)(4) of the \nSocial Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended--\n (1) by striking ``The term'' and inserting the following:\n ``(A) In general.--The term''; and\n (2) by adding at the end the following new subparagraph:\n ``(B) State option to expand eligibility.--\n ``(i) In general.--A State may elect \n through a plan amendment to apply subparagraph \n (A) as if `300 percent' were substituted for \n `200 percent'.\n ``(ii) No effect on determination of \n section 2104 allotments.--An election under \n clause (i) shall have no effect on the \n determination of a State's allotment under \n subsection (b) or (c) of section 2104.''.\n (b) Effective Date.--The amendments made by subsection (a) apply to \nchild health assistance provided on or after October 1, 2001.\n\nSEC. 4. ADDITIONAL ALLOTMENTS FOR STATES THAT EXPAND INCOME ELIGIBILITY \n UNDER SCHIP.\n\n (a) In General.--Title XXI of the Social Security Act (42 U.S.C. \n1397aa et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 2111. ADDITIONAL ALLOTMENTS FOR STATES THAT OPT TO EXPAND INCOME \n ELIGIBILITY.\n\n ``(a) Eligibility for Additional Allotments.--A State that, not \nlater than December 31 of any fiscal year, meets the following \nrequirements shall be eligible for the additional allotments determined \nfor the State under subsection (b) for that fiscal year:\n ``(1) Increase in income eligibility.--The State submits to \n the Secretary a certification by the chief executive officer of \n the State that, during the fiscal year, the State child health \n plan (whether implemented under title XIX or under this title) \n will have an income standard for children that is at least--\n ``(A) with respect to the additional allotment \n determined under subsection (b)(1), 250 percent of the \n poverty line; and\n ``(B) with respect to the additional allotment \n determined under subsection (b)(2), 300 percent of the \n poverty line.\n ``(2) Submission of information required for certain uses \n of the additional allotment.--In the case of a State that \n intends to use the additional allotment provided under \n subsection (b)(2) for the purpose described in subsection \n (c)(3), the State submits to the Secretary a description of the \n reasonable planning and implementation costs the State expects \n to incur in providing premium assistance for family coverage \n under an employer-sponsored group health plan in accordance \n with subsection (d).\n ``(b) Determination of Additional Allotments.--\n ``(1) States that increase income standard to 250 \n percent.--With respect to $617,000,000 of the amount available \n for the additional allotments under subsection (e) for a fiscal \n year, the Secretary shall allot an amount to each State with a \n State child health plan approved under this title that \n satisfies the requirements of paragraph (1)(A) and, if \n applicable, paragraph (2) of subsection (a)--\n ``(A) in the case of such a State other than a \n commonwealth or territory described in subparagraph \n (B), an amount determined to bear the same ratio to \n $617,000,000 as the State's allotment under section \n 2104(b) (determined without regard to section 2104(f)) \n bears to 98.95 percent of the total amount of the \n allotments determined under section 2104(b) for such \n States for such fiscal year; and\n ``(B) in the case of a commonwealth or territory \n described in section 2104(c)(3), determined to bear the \n same ratio to $617,000,000 as the commonwealth's or \n territory's allotment under section 2104(c) (determined \n without regard to section 2104(f)) bears to 1.05 \n percent of the total amount of the allotments \n determined under section 2104(c) for commonwealths and \n territories for such fiscal year.\n ``(2) States that increase income standard to 300 \n percent.--\n ``(A) In general.--With respect to $383,000,000 of \n the amount available for the additional allotments \n under subsection (e) for a fiscal year, the Secretary \n shall allot an amount to each State with a State child \n health plan approved under this title that satisfies \n the requirements of paragraph (1)(B) and, if \n applicable, paragraph (2) of subsection (a) determined \n in the same manner as the additional allotments under \n paragraph (1).\n ``(B) Allotments in addition to 250 percent \n allotments.--The allotments provided under this \n paragraph to a State shall be in addition to the \n allotments provided to the State under paragraph (1).\n ``(3) Availability.--\n ``(A) 3-year availability.--Except as provided in \n subparagraph (B), amounts allotted to a State under \n paragraph (1) and, if applicable, paragraph (2) for a \n fiscal year shall remain available for expenditure by \n the State through the end of the second succeeding \n fiscal year.\n ``(B) Return of unused allotments.--The allotments \n set-aside under paragraphs (1) and (2) for a fiscal \n year for any State that has not met the requirements of \n subsection (a) on January 1 of that fiscal year shall \n be returned to the Treasury.\n ``(c) Use of Additional Allotments.--The additional allotments \nprovided under subsection (b) to a State for a fiscal year may be--\n ``(1) combined with the State's allotment for the fiscal \n year determined under section 2104 and used to provide child \n health assistance to all targeted low-income children under the \n State child health plan; or\n ``(2) used for--\n ``(A) a premium assistance program under which the \n State pays part of the premiums for coverage of a child \n who is eligible for child health assistance under group \n health insurance or a group health plan in accordance \n with subsection (d); and\n ``(B) reasonable planning and implementation costs \n specified by the State under subsection (a)(2) without \n regard to the limitation on such costs under section \n 2105(c)(2)(A).\n ``(d) Premium Assistance for Family Coverage Under an Employer-\nSponsored Group Health Plan.--The additional allotments provided under \nsubsection (b) to a State for a fiscal year may be used for a premium \nassistance program that meets the following requirements:\n ``(1) The premium assistance program is cost-effective.\n ``(2) The State provides assurances that a child provided \n such assistance will receive the minimum benefits and cost-\n sharing protections established under this title either through \n the employer-sponsored group health plan or as a supplement to \n such coverage.\n ``(3) Employees eligible for employer-sponsored health \n coverage apply for the full premium contribution available from \n the employer.\n ``(4) The State evaluates the amount of substitution that \n occurs as a result of the premium assistance program and the \n effect of the program on access to health coverage.\n ``(e) Appropriation.--For the purpose of providing additional \nallotments under this section to States that meet the requirements of \nsubsection (a), there is appropriated, out of any money in the Treasury \nnot otherwise appropriated, for each of fiscal years 2002 through 2011, \n$1,000,000,000.''.\n\nSEC. 5. EVALUATION AND REPORT ON PREMIUM ASSISTANCE FOR FAMILY \n COVERAGE.\n\n (a) In General.--The Secretary of Health and Human Services shall \nconduct an evaluation of any premium assistance programs conducted with \nthe allotments provided to States under section 2111(b) of the Social \nSecurity Act (as added by section 4). Such evaluation shall identify \nany implementation problems with the provision of such assistance and \nwhether the assistance has supplanted health insurance coverage that \notherwise would be provided to such children.\n (b) Report.--Not later than January 1, 2006, the Secretary of \nHealth and Human Services shall submit to Congress a report on the \nevaluation conducted under subsection (a), together with any \nrecommendations for legislation that the Secretary determines to be \nappropriate as a result of such evaluation.","summary":"SCHIP Enhancement Act of 2001 - Amends title XXI (SCHIP) of the Social Security Act (SSA) to give States the option to expand income eligibility under SCHIP to children whose family income totals up to 300 percent of the Federal poverty line. Provides for additional allotments for States that expand income eligibility under SCHIP, allowing such allotments to be used for premium assistance for family coverage under an employee-sponsored group health plan.","title":"A bill to amend title XXI of the Social Security Act to expand the provision of child health assistance to children with family income up to 300 percent of poverty.","text_len":10468,"sum_len":458} {"bill_id":"109_hr5939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Criminal Terrorism Improvements Act \nof 2006''.\n\nSEC. 2. TERRORIST OFFENSE RESULTING IN DEATH.\n\n (a) New Offense.--Chapter 113B of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 2339E. Terrorist offenses resulting in death\n ``(a) Whoever, in the course of committing a terrorist offense, \nengages in conduct that results in the death of a person, shall be \npunished by death or imprisoned for any term of years or for life.\n ``(b) As used in this section, the term `terrorist offense' means--\n ``(1) a felony offense that is--\n ``(A) a Federal crime of terrorism as defined in \n section 2332b(g), other than an offense under section \n 1363; or\n ``(B) an offense under this chapter, section 175, \n 175b, 229, or 831, or section 236 of the Atomic Energy \n Act of 1954; or\n ``(2) a Federal offense that is an attempt or conspiracy to \n commit an offense described in paragraph (1).''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 113B of title 18, United States Code, is amended by adding at \nthe end the following new item:\n\n``2339E. Terrorist offenses resulting in death.''.\n\nSEC. 3. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.\n\n (a) Participation in Nuclear and Weapons of Mass Destruction \nThreats to the United States.--Section 832(c) of title 18, United \nStates Code, is amended by inserting ``punished by death if death \nresults to any person from the offense, or'' after ``shall be''.\n (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of \ntitle 18, United States Code, is amended by inserting ``punished by \ndeath or'' after ``shall be''.\n (c) Atomic Weapons.--The last sentence of section 222 b. of the \nAtomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting \n``death or'' before ``imprisonment for life'' the last place it \nappears.\n (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title \n18, United States Code, is amended by inserting ``death or'' before \n``imprisonment for life''.\n (e) Variola Virus.--Section 175c(c)(3) of title 18, United States \nCode, is amended by inserting ``death or'' before ``imprisonment for \nlife''.\n\nSEC. 4. INCREASE IN CERTAIN PENALTIES.\n\n (a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United \nStates Code, is amended by striking ``20 years'' and inserting ``30 \nyears''.\n (b) Section 2332(c).--Section 2332(c) of title 18, United States \nCode, is amended by striking ``ten years'' and inserting ``20 years''.\n (c) Section 2339C(d).--Section 2339C(d) of title 18, United States \nCode, is amended--\n (1) in paragraph (1), by striking ``20 years'' and \n inserting ``30 years''; and\n (2) in paragraph (2), by striking ``10 years'' and \n inserting ``20 years''.\n\nSEC. 5. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C \n OFFENSES.\n\n Section 2339C of title 18, United States Code, is amended by \nstriking ``unlawfully and wilfully'' and inserting ``knowingly''.\n\nSEC. 6. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.\n\n (a) Providing Material Support to Terrorists.--Section 2339A(a) of \ntitle 18, United States Code, is amended by striking ``, imprisoned not \nmore than 15 years,'' and all that follows through ``life.'' and \ninserting ``and imprisoned for not less than 10 years or for life, and, \nif the death of any person results, shall be imprisoned for not less \nthan 30 years or for life.''.\n (b) Receiving Military-Type Training From a Foreign Terrorist \nOrganization.--Section 2339D of title 18, United States Code, is \namended by striking ``or imprisoned for ten years, or both.'' and \ninserting ``and imprisoned for not less than 3 years and not more than \n15 years.''.\n\nSEC. 7. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.\n\n (a) In General.--Chapter 113B of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 2339F. Denial of Federal benefits to terrorists\n ``(a) In General.--Any individual who is convicted of a Federal \ncrime of terrorism (as defined in section 2332b(g)) shall, as provided \nby the court on motion of the Government, be ineligible for any or all \nFederal benefits for any term of years or for life.\n ``(b) Federal Benefit Defined.--As used in this section, `Federal \nbenefit' has the meaning given that term in section 421(d) of the \nControlled Substances Act (21 U.S.C. 862(d)).''.\n (b) Table of Sections Amendment.--The table of sections of chapter \n113B of title 18, United States Code, is amended by inserting at the \nend the following:\n\n``2339F. Denial of Federal benefits to terrorists.''.\n\nSEC. 8. WIRETAP PREDICATE.\n\n Section 2516(q) of title 18, United States Code, is amended by \nstriking ``section 2332'' and all that follows through ``2339C'' and \ninserting ``chapter 113B''.\n\nSEC. 9. ADDITION OF ATTEMPTS AND CONSPIRACIES TO AN OFFENSE RELATING TO \n MILITARY TRAINING.\n\n Section 2339D of title 18, United States Code, is amended by \ninserting ``, or attempts or conspires to receive,'' after \n``receives''.","summary":"Criminal Terrorism Improvements Act of 2006 - Amends the federal criminal code to impose the death penalty or life imprisonment on individuals who cause the death of a person while committing a terrorist act. Authorizes the death penalty for: (1) developing, possessing, or threatening to use radiological weapons against a person or against US property. (2) causing the death of an individual by using missile systems designed to destroy aircraft, by using radiological dispersal devices, or by using the variola virus. And (3) use of atomic weapons with intent to injure the United States. Increases criminal penalties for: (1) attempting or conspiring to kill a US national. (2) engaging in physical violence with the intent to injure a US national. (3) financing terrorism or concealing assets to be used for terrorist activities. And (4) providing material support to terrorists or receiving military-type training from a foreign terrorist organization. Amends the crime of receiving military-type training from a foreign terrorist organization to include attempts or conspiracies to receive such training. Denies certain federal benefits to individuals convicted of a federal crime of terrorism. Expands the authorization for interception of communications (wiretapping) to include all federal crimes of terrorism.","title":"To amend title 18, United States Code, to improve the criminal law relating to terrorism, and for other purposes.","text_len":5277,"sum_len":1320} {"bill_id":"114_hr6281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Block Access to North Korea Act of \n2016'' or ``BANK Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) North Korea continues to develop a ballistic missile \n and nuclear weapons program, despite numerous United States and \n international sanctions, including United Nations Security \n Council Resolutions 1695, 1718, 1874, 2087, 2094, and 2270, \n among others.\n (2) North Korea tested its fifth and largest nuclear device \n on September 9, 2016.\n (3) North Korea has increased the pace of its missile \n testing, including the test of a submarine-launched ballistic \n missile, potentially furthering the development of a second-\n strike capability.\n (4) North Korea has persistently demonstrated an \n unwillingness to meaningfully negotiate with the United States \n regarding denuclearization.\n (5) By its actions and continued investments in its nuclear \n program, it is clear that the Government of North Korea has no \n intention to reduce or eliminate its nuclear weapons program.\n (6) Specialized financial messaging services allow for \n messaging and contact, including the transfer of funds, between \n financial institutions.\n (7) The Central Bank of the Democratic People's Republic of \n Korea and certain other financial institutions are currently \n able to avail themselves to financial messaging systems which \n could be used in funding the North Korean nuclear program.\n (8) Experts link North Korea to the hacking of specialized \n financial messaging institutions, resulting in the theft of \n $81,000,000 from the central bank of Bangledesh.\n (9) North Korean provocations continue to endanger its \n citizens, those of United States allies, and those of \n Americans.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) providers of specialized financial messaging services \n are a critical link to the international financial system;\n (2) directly providing specialized financial messaging \n services to, or enabling or facilitating direct or indirect \n access to such messaging services for, any financial \n institution is inconsistent with paragraph 11 of the United \n Nations Security Council Resolution 2094; and\n (3) the United States reaffirms its commitment to its \n allies in the region, including the Republic of Korea and \n Japan, which are directly threatened by North Korea.\n\nSEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO THE \n PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO \n THE CENTRAL BANK OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF \n KOREA AND CERTAIN OTHER FINANCIAL INSTITUTIONS AND \n SANCTIONED PERSONS.\n\n (a) In General.--The President shall impose sanctions pursuant to \nthe International Emergency Economic Powers Act (50 U.S.C. 1701 et \nseq.) with respect to a person if, on or after the date that is 90 days \nafter the date of the enactment of this Act, the person continues to \nknowingly and directly provide specialized financial messaging services \nto, or knowingly enable or facilitate direct or indirect access to such \nmessaging services for--\n (1) the Central Bank of the Democratic People's Republic of \n Korea;\n (2) a financial institution that facilitates any \n transaction or transactions or provides significant financial \n services for nuclear development or proliferation for or on \n behalf of North Korea; or\n (3) a person identified on the list of specially designated \n nationals and blocked persons maintained by the Office of \n Foreign Assets Control of the Department of the Treasury by \n reason of assisting the nuclear development or proliferation \n efforts of North Korea.\n (b) Waiver.--The President may waive the requirement to impose \nsanctions with respect to a person under subsection (a) if--\n (1) the person is subject to a sanctions regime under its \n governing foreign law that requires it to eliminate the knowing \n provision of such messaging services to, and the knowing \n enabling and facilitation of direct or indirect access to such \n messaging services for, the Central Bank of the Democratic \n People's Republic of Korea, any financial institution described \n in subsection (a)(2), and any person described in subsection \n (a)(3);\n (2) the person has, pursuant to that sanctions regime, \n terminated the knowing provision of such messaging services to, \n and the knowing enabling and facilitation of direct or indirect \n access to such messaging services for, the Central Bank of the \n Democratic People's Republic of Korea, any financial \n institution described in subsection (a)(2), and any person \n described in subsection (a)(3); and\n (3) the President determines that such a waiver is in the \n national interest of the United States.\n (c) Clarification.--For purposes of this section, enabling or \nfacilitating direct or indirect access to specialized financial \nmessaging services for the Central Bank of the Democratic People's \nRepublic of Korea, a financial institution described in subsection \n(a)(2), or a person described in subsection (a)(3) includes doing so by \nserving as an intermediary financial institution with access to such \nmessaging services.","summary":"Block Access to North Korea Act of 2016 or BANK Act of 2016 This bill requires the President to impose sanctions pursuant to the International Emergency Economic Powers Act, with specified waiver authority, against a person that continues to knowingly and directly provide specialized financial messaging services to, or to knowingly enable or facilitate access to such messaging services for: the Central Bank of the Democratic People's Republic of Korea , a financial institution that facilitates any transaction or provides significant financial services for nuclear development or proliferation on North Korea's behalf, or a person identified on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control for assisting North Korea's nuclear development or proliferation efforts.","title":"BANK Act of 2016","text_len":5781,"sum_len":866} {"bill_id":"105_hr3117","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Commission Act of \n1998''.\n\nSEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Extension.--Section 6 of the Civil Rights Commission Act of \n1983 (42 U.S.C. 1975d) is amended by striking ``1996'' and inserting \n``2001''.\n (b) Authorization.--The first sentence of section 5 of the Civil \nRights Commission Act of 1983 (42 U.S.C. 1975c) is amended to read \n``There are authorized to be appropriated such sums as may be necessary \nto carry out this Act for fiscal years through fiscal year 2001.''.\n\nSEC. 3. STAFF DIRECTOR.\n\n Section 4(a)(1) of the Civil Rights Commission Act of 1983 (42 \nU.S.C. 1975b(a)(1)) is amended--\n (1) by striking ``There shall'' and inserting the \n following:\n ``(A) In general.--There shall'';\n (2) by striking ``(A)'' and inserting the following:\n ``(i)'';\n (3) by striking ``(B)'' and inserting the following:\n ``(ii)''; and\n (4) by adding at the end the following:\n ``(B) Term of office.--The term of office of the \n Staff Director shall be 4 years.\n ``(C) Review and retention.--The Commission shall \n annually review the performance of the staff \n director.''.\n\nSEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY, SUNSHINE, AND \n ADVISORY COMMITTEE ACTS.\n\n Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. \n1975b) is amended by adding at the end the following:\n ``(f) Application of Certain Provisions of Law.--The Commission \nshall be considered to be an agency, as defined in section 551(1) of \ntitle 5, United States Code, for the purposes of sections 552, 552a, \nand 552b of title 5, United States Code, and for the purposes of the \nFederal Advisory Committee Act.''.\n\nSEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT.\n\n Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. \n1975b) is further amended by adding at the end the following:\n ``(g) Independent Audit.--Beginning with the fiscal year ending \nSeptember 30, 1998, and each year thereafter, the Commission shall \nprepare an annual financial statement in accordance with section 3515 \nof title 31, United States Code, and shall have the statement audited \nby an independent external auditor in accordance with section 3521 of \nsuch title.''.\n\nSEC. 6. TERMS OF MEMBERS.\n\n (a) In General.--Section 2(c) of the Civil Rights Commission Act of \n1983 (42 U.S.C. 1975(c)) is amended by striking ``6 years'' and \ninserting ``5 years''.\n (b) Applicability.--The amendment made by this section shall apply \nonly with respect to terms of office commencing after the date of the \nenactment of this Act.\n\nSEC. 7. REPORTS.\n\n Section 3(c)(1) of the Civil Rights Commission Act of 1983 (42 \nU.S.C. 1975a(c)(1)) is amended by striking ``at least one report \nannually'' and inserting ``a report on or before September 30 of each \nyear''.\n\nSEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION.\n\n (a) Implementation of GAO Recommendations.--The Commission shall, \nnot later than June 30, 1998, implement the United States General \nAccounting Office recommendations regarding revision of the \nCommission's Administrative Instructions and structural regulations to \nreflect the current agency structure, and establish a management \ninformation system to enhance the oversight and project efficiency of \nthe Commission.\n (b) ADA Enforcement Report.--Not later than September 30, 1998, the \nCommission shall complete and submit a report regarding the enforcement \nof the Americans with Disabilities Act of 1990.\n (c) Religious Freedom in Public Schools.--\n (1) Report required.--Not later than September 30, 1998, \n the Commission shall prepare, and submit under section 3 of the \n Civil Rights Commission Act of 1983, a report evaluating the \n policies and practices of public schools to determine whether \n laws are being effectively enforced to prevent discrimination \n or the denial of equal protection of the law based on religion, \n and whether such laws need to be changed in order to protect \n more fully the constitutional and civil rights of students and \n of teachers and other school employees.\n (2) Review of enforcement activities.--Such report shall \n include a review of the enforcement activities of Federal \n agencies, including the Departments of Justice and Education, \n to determine if those agencies are properly protecting the \n religious freedom in schools.\n (3) Description of rights.--Such report shall also include \n a description of--\n (A) the rights of students and others under the \n Federal Equal Access Act (20 U.S.C. 4071 et seq.), \n constitutional provisions regarding equal access, and \n other similar laws;\n (B) the rights of students and teachers and other \n school employees to be free from discrimination in \n matters of religious expression and the accommodation \n of the free exercise of religion; and\n (C) issues relating to religious non-discrimination \n in curriculum construction.\n (d) Crisis of Young African-American Males Report.--Not later than \nSeptember 30, 1999, the Commission shall submit a report on the crisis \nof young African-American males.\n (e) Fair Employment Law Enforcement Report.--Not later than \nSeptember 30, 1999, the Commission shall submit a report on fair \nemployment law enforcement.\n (f) Regulatory Obstacles Confronting Minority Entrepreneurs.--Not \nlater than September 30, 1999, the Commission shall develop and carry \nout a study on the civil rights implications of regulatory obstacles \nconfronting minority entrepreneurs, and report the results of such \nstudy under section 3 of the Civil Rights Commission Act of 1983.\n\nSEC. 9. ADVISORY COMMITTEES.\n\n Section 3(d) of the Civil Rights Commission Act of 1983 (42 U.S.C. \n1975a(d)) is amended by adding at the end the following: ``The purpose \nof each such advisory committee shall be to conduct fact finding \nactivities and develop findings or recommendations for the Commission. \nAny report by such an advisory committee to the Commission shall be \nfairly balanced as to the viewpoints represented.''.\n\n Passed the House of Representatives March 18, 1998.\n\n Attest:\n\n Robin H. Carle,\n\n Clerk.","summary":"Civil Rights Commission Act of 1998 - Amends the Civil Rights Commission Act of 1983 to extend the termination date of the United States Commission on Civil Rights. Authorizes appropriations to carry out that Act. Sets a four-year term of office for the Commission's staff director and requires the Commission to annually review the staff director's performance. Includes the Commission in the term agency for purposes of the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Federal Advisory Committee Act. Requires the Commission to prepare an annual financial statement and have the statement audited by an independent external auditor. Shortens Commission Members' terms of office to five years. Requires the Commission to implement the General Accounting Office's recommendations regarding revision of the Commission's Administrative Instructions and structural regulations and to establish a management information system. Requires the Commission to report regarding: (1) enforcement of the Americans with Disabilities Act of 1990, (2) religious freedom in public schools, (3) the crisis of young African-American males, (4) fair employment law enforcement. And (5) the civil rights implications of regulatory obstacles confronting minority entrepreneurs. Declares that the purpose of advisory committees constituted by the Commission is to conduct fact finding and develop findings or recommendations. Requires any report by an advisory committee to be fairly balanced in the viewpoints represented.","title":"Civil Rights Commission Act of 1998","text_len":6777,"sum_len":1553} {"bill_id":"114_hr2709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Professional's Access To Health \nWorkforce Integration Act of 2015''.\n\nSEC. 2. CAREER SUPPORT FOR SKILLED, INTERNATIONALLY EDUCATED HEALTH \n PROFESSIONALS.\n\n (a) Findings.--Congress finds the following:\n (1) According to the Association of Schools of Public \n Health, projections indicate a nationwide shortage of up to \n 250,000 public health workers needed by 2020.\n (2) Similar trends are projected for other health \n professions indicating shortages across disciplines, including \n within the fields of nursing (500,000 by 2025), dentistry \n (15,000 by 2025), pharmacy (38,000 by 2030), mental and \n behavioral health, primary care (46,000 by 2025), and community \n and allied health.\n (3) A nationwide health workforce shortage will result in \n serious health threats and more severe and costly health care \n needs, due to, in part, a delayed response to food-borne \n outbreaks, emerging infectious diseases, natural disasters, \n fewer cancer screenings, and delayed treatment.\n (4) Vulnerable and underserved populations and health \n professional shortage areas will be most severely impacted by \n the health workforce shortage.\n (5) According to the Migration Policy Institute, over \n 2,000,000 college-educated immigrants in the United States \n today are unemployed or underemployed in low- or semi-skilled \n jobs that fail to draw on their education and expertise.\n (6) Approximately 2 out of every 5 internationally educated \n immigrants are unemployed or underemployed.\n (7) According to Drexel University Center for Labor Markets \n and Policy, underemployment for internationally educated \n immigrant women is 28 percent higher than for their male \n counterparts.\n (8) According to the Drexel University Center for labor \n markets and policy, the mean annual earnings of underemployed \n immigrants were $32,000, or 43 percent less than United States \n born college graduates employed in the college labor market.\n (9) According to Upwardly Global and the Welcome Back \n Initiative, with proper guidance and support, underemployed \n skilled immigrants typically increase their income by 215 \n percent to 900 percent.\n (10) According to the Brookings Institution and the \n Partnership for a New American Economy, immigrants working in \n the health workforce are, on average, better educated than \n United States-born workers in the health workforce.\n (b) Grants to Eligible Entities.--\n (1) Authority to provide grants.--The Secretary of Health \n and Human Services acting through the Bureau of Health \n Workforce within the Health Resources and Services \n Administration, the National Institute on Minority Health and \n Health Disparities, or the Office of Minority Health (in this \n section referred to as the ``Secretary'') may award grants to \n eligible entities to carry out activities described in \n subsection (c).\n (2) Eligibility.--To be eligible to receive a grant under \n this section, an entity shall--\n (A) be a clinical, public health, or health \n services organization, a community-based or nonprofit \n entity, an academic institution, a faith-based \n organization, a State, county, or local government, an \n Area Health Education Center, or another entity \n determined appropriate by the Secretary; and\n (B) submit to the Secretary an application at such \n time, in such manner, and containing such information \n as the Secretary may require.\n (c) Authorized Activities.--A grant awarded under this section \nshall be used--\n (1) to provide services to assist unemployed and \n underemployed skilled immigrants, residing in the United \n States, who have legal, permanent work authorization and who \n are internationally educated health professionals, enter into \n the American health workforce with employment matching their \n health professional skills and education, and advance in \n employment to positions that better match their health \n professional education and expertise;\n (2) to provide training opportunities to reduce barriers to \n entry and advancement in the health workforce for skilled, \n internationally educated immigrants;\n (3) to educate employers regarding the abilities and \n capacities of internationally educated health professionals;\n (4) to assist in the evaluation of foreign credentials; and\n (5) to facilitate access to contextualized and accelerated \n courses on English as a second language.\n (d) Definition.--In this section:\n (1) The term ``health professional'' means an individual \n trained for employment or intended employment in the field of \n public health, health management, dentistry, health \n administration, medicine, nursing, pharmacy, psychology, social \n work, psychiatry, other mental and behavioral health, allied \n health, community health or wellness work, including fitness \n and nutrition, or other fields as determined appropriate by the \n Secretary.\n (2) The term ``underemployed'' means being employed at less \n skilled tasks than an employee's training or abilities would \n otherwise permit.\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2016 through 2020.","summary":"Professional's Access To Health Workforce Integration Act of 2015 Directs the Department of Health and Human Services, acting through the Bureau of Health Workforce within the Health Resources and Services Administration, the National Institute on Minority Health and Health Disparities, or the Office of Minority Health (HHS), to award grants to eligible entities to: provide services to assist unemployed and underemployed skilled immigrants residing in the United States, who have legal, permanent work authorization and who are internationally educated health professionals, in entering into and advancing in the American health workforce with employment matching their health professional skills, education, and expertise. Provide training opportunities to reduce barriers to entry and advancement in the health workforce for skilled, internationally educated immigrants. Educate employers regarding the abilities and capacities of internationally educated health professionals, assist in the evaluation of foreign credentials. And facilitate access to contextualized and accelerated courses on English as a second language. Includes as an eligible entity a clinical, public health, or health services organization, a community-based or nonprofit entity, an academic institution, a faith-based organization, a state, county, or local government, or an Area Health Education Center that submits an application that meets HHS requirements. Defines quot, health professionalquot. As an individual trained for employment or intended employment in specified fields, including public health, health management, dentistry, health administration, medicine, nursing, pharmacy, psychology, social work, psychiatry, and other mental and behavioral health, allied health, and community health or wellness work.","title":"Professional's Access To Health Workforce Integration Act of 2015","text_len":5991,"sum_len":1803} {"bill_id":"107_hr4037","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Central American Security Act''.\n\nSEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, \n GUATEMALA, AND HONDURAS.\n\n Section 202 of the Nicaraguan Adjustment and Central American \nRelief Act (8 U.S.C. 1255 note) is amended--\n (1) in the section heading, by striking ``nicaraguans and \n cubans'' and inserting ``nicaraguans, cubans, salvadorans, \n guatemalans, and hondurans'';\n (2) in subsection (a)(1)(A), by striking ``April 1, 2000'' \n and inserting ``two years after the promulgation of a final \n rule implementing the Central American Security Act'';\n (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' \n and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, or \n Honduras''; and\n (4) in subsection (d)(1)(E), by striking ``April 1, 2000'' \n and inserting ``two years after the promulgation of a final \n rule implementing the Central American Security Act''.\n\nSEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF \n THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF \n ACT.\n\n An application for relief properly filed by a national of Guatemala \nor El Salvador under the amendments made by section 203 of the \nNicaraguan Adjustment and Central American Relief Act which was filed \non or before the date of the enactment of this Act, and on which a \nfinal administrative determination has not been made, shall, at the \nelection of the applicant, be considered to be an application for \nadjustment of status under the provisions of section 202 of the \nNicaraguan Adjustment and Central American Relief Act, as amended by \nthis Act, upon the payment of any fees, and in accordance with \nprocedures, that the Attorney General shall prescribe by regulation. \nThe Attorney General may not refund any fees paid in connection with an \napplication filed by a national of Guatemala or El Salvador under the \namendments made by section 203 of that Act.\n\nSEC. 4. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL \n AMERICAN RELIEF ACT.\n\n (a) In General.--Section 202 of the Nicaraguan Adjustment and \nCentral American Relief Act (8 U.S.C. 1255 note) is amended--\n (1) in subsection (a)--\n (A) by inserting before the period at the end of \n paragraph (1)(B) the following: ``, and the Attorney \n General may waive the grounds of inadmissibility \n specified in subparagraphs (A)(i) and (6)(C) of section \n 212(a)(1) of such Act for humanitarian purposes, to \n assure family unity, or when it is otherwise in the \n public interest''; and\n (B) by amending paragraph (3) to read as follows:\n ``(3) Relationship of application to certain orders.--An \n alien present in the United States who has been ordered \n excluded, deported, or removed, or ordered to depart \n voluntarily from the United States under any provision of the \n Immigration and Nationality Act may, notwithstanding such \n order, apply for adjustment of status under paragraph (1). Such \n an alien may not be required, as a condition of submitting or \n granting such application, to file a separate motion to reopen, \n reconsider, or vacate such order. Such an alien may be required \n to seek a stay of such an order in accordance with subsection \n (c) to prevent the execution of the order pending the \n adjudication of the application for adjustment of status. If \n the Attorney General denies a stay of a final order of \n exclusion, deportation, or removal, or if the Attorney General \n renders a final administrative determination to deny the \n application for adjustment of status, the order shall be \n effective and enforceable to the same extent as if the \n application had not been made. If the Attorney General grants \n the application for adjustment of status, the Attorney General \n shall cancel the order.'';\n (2) in subsection (b)(1), by adding at the end the \n following: ``Subsection (a) shall not apply to an alien \n lawfully admitted for permanent residence, unless the alien is \n applying for relief under that subsection in deportation or \n removal proceedings.'';\n (3) in subsection (c)(1), by adding at the end the \n following: ``Nothing in this section requires the Attorney \n General to stay the removal of an alien who is ineligible for \n adjustment of status under this section.'';\n (4) in subsection (d)--\n (A) by amending the subsection heading to read as \n follows:\n ``(d) Spouses, Children, and Unmarried Sons and Daughters.--'';\n (B) by amending the heading of paragraph (1) to \n read as follows:\n ``(1) Adjustment of status.--'';\n (C) by amending paragraph (1)(A) to read as \n follows:\n ``(A) the alien entered the United States on or \n before the date of the enactment of the Central \n American Security Act;'';\n (D) by amending paragraph (1)(B) to read as \n follows:\n ``(B) the alien--\n ``(i) is the spouse, child, or unmarried \n son or daughter of an alien whose status is \n adjusted to that of an alien lawfully admitted \n for permanent residence under subsection (a) or \n pursuant to the amendments made by section 203, \n except that--\n ``(I) any determination of whether \n the alien satisfies the age requirement \n in the matter preceding subparagraph \n (A) of section 101(b)(1) shall be made \n using the age of the alien on the date \n on which the principal alien filed for \n adjustment under subsection (a) or \npursuant to the amendments made by section 203;\n ``(II) in the case of such a \n spouse, stepchild, or unmarried stepson \n or stepdaughter, the spouse, stepchild, \n stepson, or stepdaughter shall be \n required to establish that the \n qualifying marriage was entered into \n before the date of the enactment of the \n Central American Security Act; and\n ``(III) in the case of such an \n unmarried son or daughter, the son or \n daughter shall be required to establish \n that the son or daughter has been \n physically present in the United States \n for a continuous period beginning not \n later than December 1, 1995, and ending \n not earlier than the date on which the \n application for adjustment under this \n subsection is filed; or\n ``(ii) was, at the time at which a \n principal alien filed for adjustment under \n subsection (a) or pursuant to the amendments \n made by section 203, the spouse or child of \n such principal alien, the status of such \n principal alien is adjusted to that of an alien \n lawfully admitted for permanent residence under \n subsection (a) or pursuant to the amendments \n made by section 203, and the spouse, child, or \n child of the spouse has been battered or \n subjected to extreme cruelty by such principal \n alien;''; and\n (E) by adding at the end the following new \n paragraph:\n ``(3) Eligibility of certain spouses and children for \n issuance of immigrant visas.--\n ``(A) In general.--In accordance with regulations \n to be promulgated by the Attorney General and the \n Secretary of State, upon approval of an application for \n adjustment of status to that of an alien lawfully \n admitted for permanent residence under subsection (a) \n or pursuant to the amendments made by section 203, an \n alien who is the spouse or child of the alien being \n granted such status may be issued a visa for admission \n to the United States as an immigrant following to join \n the principal applicant, if the spouse or child--\n ``(i) satisfies the requirements in \n paragraphs (1)(B) and (1)(D); and\n ``(ii) applies for such a visa within a \n time period to be established by such \n regulations.\n ``(B) Retention of fees for processing \n applications.--The Secretary of State may retain fees \n to recover the cost of immigrant visa application \n processing and issuance for certain spouses and \n children of aliens whose applications for adjustment of \n status under subsection (a) have been approved. Such \n fees--\n ``(i) shall be deposited as an offsetting \n collection to any Department of State \n appropriation to recover the cost of such \n processing and issuance; and\n ``(ii) shall be available until expended \n for the same purposes of such appropriation to \n support consular activities.'';\n (5) in subsection (g), by inserting ``, or an immigrant \n classification,'' after ``for permanent residence''; and\n (6) by adding at the end the following new subsection:\n ``(i) Statutory Construction.--Nothing in this section authorizes \nany alien to apply for admission to, be admitted to, be paroled into, \nor otherwise lawfully return to the United States, to apply for, or to \npursue an application for adjustment of status under this section \nwithout the express authorization of the Attorney General.''.\n (b) Effective Date.--The amendments made by paragraphs (1)(B), (2), \nand (6) shall be effective as if included in the enactment of the \nNicaraguan Adjustment and Central American Relief Act. The amendments \nmade by paragraphs (1)(A), (3), (4), and (5) shall take effect on the \ndate of the enactment of this Act.\n\nSEC. 5. SECURITY AND CRIMINAL BACKGROUND INVESTIGATIONS.\n\n Notwithstanding any other provision of law, no applicant for relief \nunder this Act, or the amendments made by this Act, is eligible to \nreceive a waiver from any security or criminal background investigation \nrequired to process an application under section 202 of the Nicaraguan \nAdjustment and Central American Relief Act (8 U.S.C. 1255 note). All \napplicants seeking relief under this Act, or the amendments made by \nthis Act, shall submit fingerprints to the appropriate government \nagency in order to facilitate such processing.\n\nSEC. 6. MOTIONS TO REOPEN.\n\n Notwithstanding any time and number limitations imposed by law on \nmotions to reopen, a national of Cuba or Nicaragua who, on the date of \nthe enactment of the Act, has a final administrative denial of an \napplication for adjustment of status under the Nicaraguan Adjustment \nand Central American Relief Act, and who is made eligible for \nadjustment of status under that Act by the amendments made by this Act, \nmay file one motion to reopen an exclusion, deportation, or removal \nproceeding to have the application reconsidered. Any such motion shall \nbe filed within 180 days of the date of the enactment of this Act. The \nscope of any proceeding reopened on this basis shall be limited to a \ndetermination of the alien's eligibility for adjustment of status under \nthe Nicaraguan Adjustment and Central American Relief Act.","summary":"Central American Security Act - Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) extend permanent resident status adjustment provisions to qualifying Salvadoran, Guatemalan, and Honduran nationals. And (2) revise the application filing deadline. Permits certain pending applications filed by Salvadoran or Guatemalan nationals to be converted to an application for status adjustment under the Act. Amends the Act to: (1) authorize the Attorney General to waive certain grounds of inadmissibility. And (2) provide for issuance of immigrant visas to certain spouses and children. States that applicants for relief: (1) shall not be granted a waiver from any security or criminal background investigation required by the Act. And (2) shall submit fingerprints to the appropriate Federal agencies. Provides for the limited reopening of certain orders of deportation, exclusion, or removal by certain Cuban, or Nicaraguan nationals.","title":"To amend the Nicaraguan Adjustment and Central American Relief Act to identify and register certain Central Americans residing in the United States.","text_len":12903,"sum_len":951} {"bill_id":"115_hr2820","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fight Russian Corruption Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Russian Federation uses corruption as a strategic \n tool to erode democratic governance from within and discredit \n the liberal democratic system, thereby strengthening Russia's \n sphere of influence.\n (2) Russia's ultimate goal is to dissolve the transatlantic \n union by capitalizing on and exacerbating existing tensions \n within European countries.\n (3) In 2016, the Center for Strategic and International \n Studies (CSIS) and the Centre for the Study of Democracy \n concluded that Russia has cultivated an opaque network of \n patronage across the region that it uses to influence and \n direct decision-making. Russia seeks to gain influence over if \n not control of critical state institutions, bodies, and the \n economy and uses this influence to shape national policies and \n decisions.\n (4) Central and Eastern European leaders, including those \n from Romania, the Czech Republic, Latvia, and Poland, have \n warned that Russia engages in economic warfare by using \n politically motivated investments to advance its agenda, and \n seeks to challenge the transatlantic orientation of Central and \n Eastern Europe.\n (5) While countries along Russia's border, especially the \n Baltic countries, Ukraine, and Georgia, are under threat from \n Moscow's malign influence and military aggression, corruption \n is also part of Russia's hybrid warfare strategy to use direct \n and indirect action to coerce, destabilize and exercise malign \n influence over other countries.\n (6) Much like a virus, malign Russian-fueled corruption \n inconspicuously penetrates a country through what appears to be \n a host of legitimate financial transactions.\n (7) According to CSIS, the corruption, often through opaque \n financial transactions, infects various strategic sectors of \n host economies, particularly energy, media, and financial \n sectors. Over time, the host countries' institutions become \n compromised and can no longer self-police or resist Russian \n influence, thereby allowing Russian control over the \n government.\n (8) In France, Austria, Germany, and the United Kingdom, \n Russia directly supports entities that feed directly off lack \n of confidence and trust in democratic systems, which enhances \n the popularity of extreme parties.\n (9) The United States intelligence community concluded that \n Russia deployed similar tactics in the 2016 United States \n elections in order to erode public confidence and trust in the \n United States political system.\n (10) This strategy exploits the inherent openness and \n vulnerabilities within Western capitalist systems. To combat \n it, the United States must support efforts of foreign partner \n countries to investigate corruption and strengthen fiscal \n transparency.\n (11) Only through strengthening Western governance and \n institutions will the United States and its partners thwart \n Russian tactics of corruption and exploitation and prevent \n Russia's virus-like corruption from eroding democracy in the \n United States.\n\nSEC. 3. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL \n ACTIVITIES IN EUROPE.\n\n Title I of the State Department Basic Authorities Act of 1956 (22 \nU.S.C. 2651a et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 64. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN \n FINANCIAL ACTIVITIES IN EUROPE.\n\n ``(a) Establishment.--The Secretary of State shall establish within \nthe Department of State the Office of Anti-Corruption relating to \nIllicit Russian Financial Activities in Europe (in this section \nreferred to as the `Office').\n ``(b) Head of Office.--The head of the Office shall be the Director \nof Anti-Corruption relating to Illicit Russian Financial Activities in \nEurope (in this section referred to as the `Director'). The Director \nshall be appointed by Secretary, in consultation with the Assistant \nSecretary of State for European Affairs.\n ``(c) Functions.--The Office shall carry out the following \nfunctions:\n ``(1) In coordination with the intelligence community, \n analyze financial networks of the Russian Federation that \n operate in European countries relating to investments in the \n real estate, energy, media, infrastructure, philanthropy, civil \n society, sports, nongovernmental organization, and other \n sectors.\n ``(2) In coordination with the Secretary of the Treasury, \n train United States liaison officers to serve in key United \n States diplomatic and consular posts in European countries to \n cooperate with foreign partners in the uncovering and \n prosecution of illicit Russian financial activity.\n ``(d) Report.--\n ``(1) In general.--The Office shall develop and submit to \n the appropriate congressional committees on an annual basis a \n report on the conduct and results of activities of the Office \n carried out under subsection (c) during the prior year.\n ``(2) Form.--The report required under this subsection \n shall be submitted in unclassified form but may contain a \n classified annex.\n ``(e) Personnel.--The Secretary of State is authorized to accept \ndetails or assignments of any personnel on a reimbursable or \nnonreimbursable basis for the purpose of carrying out this section, and \nthe head of any Federal agency is authorized to detail or assign \npersonnel of such agency on a reimbursable or nonreimbursable basis to \nthe Secretary for purposes of carrying out this section.\n ``(f) Appropriate Congressional Committees Defined.--The term \n`appropriate congressional committees' means--\n ``(1) the Committee on Foreign Affairs and the Committee on \n Financial Services of the House of Representatives; and\n ``(2) the Committee on Foreign Relations and the Committee \n on Banking, Housing, and Urban Affairs, and the Committee on \n Finance of the Senate.''.\n\nSEC. 4. FOREIGN ASSISTANCE AND RELATED MATTERS.\n\n (a) Authority To Provide Foreign Assistance.--\n (1) In general.--The Secretary of State is authorized to \n provide assistance to European countries to combat corruption.\n (2) Types of assistance.--Assistance authorized to be \n provided under paragraph (1) may include the following:\n (A) Support for activities described in paragraphs \n (1) and (2) of section 64(c) of the State Department \n Basic Authorities Act of 1956 (as added by section 3 of \n this Act).\n (B) Support for and strengthening of foreign \n programs focused on investigative journalism and \n independence of the media environment to expose Russian \n corruption.\n (C) Support for activities in Europe relating to \n anti-corruption, anti-propaganda, and anti-Russian \n malign influence.\n (b) Matters Relating to NATO.--The Secretary of State shall seek to \nwork with the North Atlantic Treaty Organization (NATO) to carry out \nthe following actions:\n (1) Elevate anti-corruption as an element of NATO's \n Readiness Action Plan.\n (2) Task the NATO Assistant Secretary General for \n Intelligence and Warning with monitoring Russian influence in \n NATO member states.\n (3) Prioritizing the combating of Russian influence under \n the NATO-European Union framework.\n (c) EU-US Summit.--The Secretary of State, in coordination with the \nSecretary of the Treasury, is authorized to host a summit between the \nUnited States and the European Union on preventing undeclared, cross-\nborder money flows invested in strategic areas or economic sectors of \nEuropean countries.\n\nSEC. 5. NATIONAL INTELLIGENCE ESTIMATE.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Director of National Intelligence shall \ndevelop and submit to the appropriate congressional committees a \nNational Intelligence Estimate on the matters described in subsection \n(b).\n (b) Matters Described.--The matters described in this subsection \nare the following:\n (1) Any purchases made in the 5-year period ending on the \n date of the enactment of this Act by individuals and entities \n of key sectors in European countries, particularly purchases \n that provide monopolistic control of a sector.\n (2) A detailed analysis of the individuals and entities \n making such purchases, including sources of revenue for each \n individual and entity and any links to the Russian Federation.\n\nSEC. 6. REPORT.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Secretary of State and the Secretary of Treasury shall jointly \nsubmit to the appropriate congressional committees a report on the \nimplementation of this Act.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs and the \n Committee on Financial Services of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Banking, Housing, and Urban Affairs, and \n the Committee on Finance of the Senate.\n (2) Intelligence community.--The term ``intelligence \n community'' has the meaning given the term in section 3 of the \n National Security Act of 1947 (50 U.S.C. 3003).","summary":"Fight Russian Corruption Act This bill amends the State Department Basic Authorities Act of 1956 to require the Department of State to establish the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe. Such office shall: (1) analyze financial networks of the Russian Federation operating in European countries that relate to real estate, energy, media, infrastructure, and other sectors. And (2) train US liaison officers to serve in key US diplomatic and consular posts in such countries to cooperate with foreign partners in uncovering and prosecuting illicit Russian financial activity. The bill authorizes the State Department to provide assistance to European countries to combat corruption, including to support: (1) activities of such office. (2) foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption. And (3) activities in Europe related to anti-corruption, anti-propoganda, and anti-Russian malign influence. The State Department shall seek to work with the North Atlantic Treaty Organization (NATO) to: (1) elevate anti-corruption as an element of NATO's Readiness Action Plan, (2) task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states, and (3) prioritize the combating of Russian influence under the NATO-European Union framework. The Office of the Director of National Intelligence shall submit a National Intelligence Estimate on: (1) purchases made in the last five years by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector. And (2) the individuals and entities making such purchases, including any links to the Russian Federation.","title":"Fight Russian Corruption Act","text_len":10276,"sum_len":1804} {"bill_id":"114_s1080","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protect Marriage from the Courts Act \nof 2015''.\n\nSEC. 2. LEGISLATIVE FINDINGS.\n\n The Senate makes the following findings:\n (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme \n Court of the United States upheld a State law defining marriage \n as the union of one man and one woman against a constitutional \n challenge by a same-sex couple seeking to marry. The Court \n rejected the challenge in a one-sentence order that read, ``The \n appeal is dismissed for want of a substantial federal \n question.''.\n (2) The Supreme Court's judgment in Baker is as sound today \n as it was then. Challenging a State marriage law on the basis \n that it does not extend to same-sex couples raises no \n substantial Federal question because nothing in the text or \n history of the 14th Amendment to the Constitution of the United \n States even arguably indicates a general public understanding \n at the time of ratification that the ratifiers had adopted a \n constitutional principle that invalidated State laws defining \n marriage as a male-female union.\n (3) It follows that the power to decide whether to extend \n the legal status and benefits of marriage to same-sex couples \n does not belong to the courts, but rests instead with the \n people through their elected State representatives, unless \n their State constitutions provide otherwise. The Constitution \n of the United States leaves it to the people of each State to \n decide for themselves through their democratic processes how to \n redefine the legal meaning of marriage for purposes of their \n respective State laws.\n (4) Numerous Federal courts, including the United States \n Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth \n Circuits, have nevertheless invalidated State marriage laws \n that do not allow the licensing of same-sex marriages. In so \n doing, these courts have exceeded their authority under the \n Constitution and have usurped the people's exclusive authority \n to decide this issue. Pending before the Supreme Court are 4 \n related cases challenging the marriage laws in Kentucky, \n Michigan, Ohio, and Tennessee.\n (5) The purpose of this Act (including the amendment made \n by this Act) is to maintain the authority of the States to \n define marriage and to prevent, consistent with the \n Constitution, any further unlawful action by Federal courts \n until such time as an amendment to the Constitution is enacted \n unequivocally guaranteeing that the States have the power to \n define marriage as limited to the union of one man and one \n woman.\n (6) This Act prevents that unlawful action by eliminating \n the jurisdiction of all courts created by Federal law, as well \n as the appellate jurisdiction of the Supreme Court, to \n adjudicate claims pertaining to the constitutionality of State \n marriage laws. Because section 1 of article III of the \n Constitution gives Congress the power to ``ordain and \n establish'' ``inferior Courts'', the Supreme Court has long \n held that Congress has the power to limit the jurisdiction of \n the lower Federal courts. See Palmore v. United States, 411 \n U.S. 389, 400-01 (1973). In addition, section 2 of article III \n of the Constitution gives Congress the power to make \n ``Exceptions'' to the appellate jurisdiction of the Supreme \n Court. The Supreme Court itself has acknowledged that this \n power applies even to cases that are pending before the Court. \n See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869).\n (7) Finally, this Act makes clear that a court's judgment \n only applies to the parties before the court and that \n nonparties have no legal obligation to comply with the decision \n until so ordered by a court.\n\nSEC. 3. LIMITATION OF JURISDICTION.\n\n (a) In General.--Chapter 99 of title 28, United States Code, is \namended by adding at the end the following:\n``Sec. 1632. Limitations on Federal jurisdiction\n ``(a) No court created by Federal law shall have jurisdiction, and \nthe Supreme Court shall have no appellate jurisdiction, to adjudicate \nor enforce any claim pertaining to the validity, under the Constitution \nof the United States, of a State law, or State administrative or \njudicial decision, that--\n ``(1) defines marriage as limited to the union of one man \n and one woman; or\n ``(2) refuses State recognition of or allows the State to \n refuse recognition of same-sex marriages performed and licensed \n in other States.\n ``(b) To the extent that either a court created by Federal law or \nthe Supreme Court has entered a final judgment on a claim described in \nsubsection (a) before the effective date of this section, that judgment \nbinds only the parties to the case. No person who is not a party to the \ncase shall have any obligation to comply with the decision in the \ncase.''.\n (b) Severability.--If any provision of this Act, an amendment made \nby this Act, or the application of such provision or amendment to any \nperson or circumstance is held to be unconstitutional, the remainder of \nthis Act, the amendments made by this Act, and the application of such \nprovision or amendment to any person or circumstance shall not be \naffected.\n (c) Effective Date and Application.--\n (1) Effective date.--This Act (including the amendment made \n by this Act) takes effect on the date of enactment of this Act.\n (2) Application.--This Act applies to all claims pending on \n or after that date of enactment.\n (d) Amendments to the Table of Sections.--The table of sections for \nchapter 99 of title 28, United States Code, is amended by adding at the \nend the following:\n\n``1632. Limitations on Federal jurisdiction.''.","summary":"Protect Marriage from the Courts Act of 2015 Prohibits federal courts from having jurisdiction to adjudicate or enforce any claim pertaining to the validity, under the US Constitution, of a state law or a state administrative or judicial decision that: (1) defines marriage as limited to the union of one man and one woman, or (2) refuses state recognition of, or allows the state to refuse recognition of, same-sex marriages performed and licensed in other states. Allows final judgments entered by federal courts before the enactment of this Act to remain binding on the parties to the case, but persons who are not a party to such a case are not obligated to comply with such decisions.","title":"Protect Marriage from the Courts Act of 2015","text_len":6195,"sum_len":689} {"bill_id":"111_s2926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Fairness for Seniors Act''.\n\nSEC. 2. MEDICARE PART B PREMIUM FOR 2010.\n\n Section 1839 of the Social Security Act (42 U.S.C. 1395r) is \namended--\n (1) in subsection (a), by adding at the end the following \n new paragraph:\n ``(5) The monthly premium under this subsection for 2010 shall be \nthe monthly premium under this subsection for 2009.''; and\n (2) in subsection (i)(3)(A), by adding after and below \n clause (ii) the following:\n ``In applying clause (ii) for 2010, the monthly \n actuarial rate described in such clause shall be such \n monthly actuarial rate for 2009.''.\n\nSEC. 3. EXTENSION OF CERTAIN ECONOMIC RECOVERY PAYMENTS.\n\n (a) In General.--Section 2201 of the American Recovery and \nReinvestment Tax Act of 2009 is amended--\n (1) by inserting ``in each of calendar years 2009 and \n 2010'' after ``the Secretary of the Treasury shall disburse'' \n in subsection (a)(1)(A);\n (2) by inserting ``(for purposes of payments made for \n calendar year 2009), or the 3-month period ending with the \n month which ends prior to the month that includes the date of \n the enactment of the Economic Fairness for Seniors Act (for \n purposes of payments made for calendar year 2010)'' after ``the \n month that includes the date of the enactment of this Act'' in \n subsection (a)(1)(A);\n (3) by inserting ``(for purposes of payments made under \n this paragraph for calendar year 2009), or the 3 month period \n ending with the month which ends prior to the month that \n includes the date of the enactment of the Economic Fairness for \n Seniors Act (for purposes of payments made under this paragraph \n for calendar year 2010)'' after ``the month that includes the \n date of the enactment of this Act'' in subsection \n (a)(1)(B)(iii);\n (4) by inserting ``for any calendar year'' after ``1 \n payment under this section'' in subsection (a)(3);\n (5) by inserting ``An individual who is entitled to, or \n eligible for, a benefit or cash payment described in paragraph \n (1) in both of the 3-month periods described in paragraph \n (1)(A) shall be paid a payment under this section in each of \n calendar years 2009 and 2010.'' at the end of paragraph (3) of \n subsection (a);\n (6) by inserting ``in same year'' after ``No double \n payments'' in the heading of paragraph (3) of subsection (a);\n (7) by inserting ``applicable'' before ``3-month period'' \n in subsection (a)(4)(A);\n (8) by inserting ``applicable'' before ``3 month period'' \n in subsection (a)(4)(B);\n (9) by inserting ``for purposes of payments made for \n calendar year 2009, or after December 31, 2011, for purposes of \n payments made for calendar year 2010,'' after ``December 31, \n 2010,'' in subsection (a)(5)(B);\n (10) by striking ``2011'' in subsection (e) and inserting \n ``2012'';\n (11) by striking ``$90,000,000'' in subsection (e)(2)(B) \n and inserting ``$135,000,000'';\n (12) by striking ``$1,400,000'' in subsection (e)(3)(B) and \n inserting ``$2,100,000'';\n (13) by striking ``$100,000'' in subsection (e)(4)(A)(ii) \n and inserting ``$150,000''; and\n (14) by striking ``$7,100,000'' in subsection (e)(4)(A)(ii) \n and inserting ``$10,650,000''.\n (b) Extension of Special Credit for Certain Government Retirees.--\nIn the case of an eligible individual (as defined in section 2202(b) of \nthe American Recovery and Reinvestment Tax Act of 2009, applied by \nsubstituting ``2010'' for ``2009''), with respect to the first taxable \nyear of such individual beginning in 2010, section 2202 of the American \nRecovery and Reinvestment Tax Act of 2009 shall be applied by \nsubstituting ``2010'' for ``2009'' each place it appears.\n\nSEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.\n\n (a) Study.--The Bureau of Labor Statistics of the Department of \nLabor shall study whether a consumer price index for elderly consumers \n(CPI-E) more accurately reflects the true costs of inflation for \nelderly Americans than the Consumer Price Index for Urban Wage Earners \nand Clerical Workers (CPI-W) and if the elderly are being financially \ndisadvantaged by the use of the CPI-W in the determination of current \nbenefit levels and, if so, shall prepare such a CPI-E.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Bureau of Labor Statistics of the Department \nof Labor shall report to Congress the results of the study required \nunder subsection (a) and, if appropriate, the creation of a consumer \nprice index for elderly consumers that more accurately reflects the \ntrue cost of inflation for the elderly.\n\nSEC. 5. OFFSET THROUGH REDUCTION IN TARP FUNDS.\n\n Paragraph (3) of section 115(a) of the Emergency Economic \nStabilization Act of 2008 (12 U.S.C. 5225) is amended by striking \n``$1,259,000,000'' and inserting ``$39,259,000,000''.","summary":"Economic Fairness for Seniors Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to keep the same Medicare part B premium for 2010 that was in effect for 2009. Amends the American Recovery and Reinvestment Tax Act of 2009 (ARRA) to require an additional economic recovery payment in calendar 2010 to certain beneficiaries of SSA title II (OASDI), railroad retirement, or veterans benefits. Makes appropriations to fund such payments. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to study and report to Congress on: (1) whether a consumer price index for elderly consumers (CPI-E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). And (2) if the elderly are being financially disadvantged by the use of the CPI-W in the determination of current benefit levels. Requires the BLS to prepare such a CPI-E if elderly Americans are disadvantaged by the CPI-W. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to offset the expenses of this Act through a reduction in Troubled Asset Relief Program (TARP) Funds.","title":"A bill to amend the XVIII of the Social Security Act to provide for the application of a consistent Medicare part B premium for all Medicare beneficiaries in a budget neutral manner for 2010, to provide an additional round of economic recovery payments to certain beneficiaries, and to assess the need for a consumer price index for elderly consumers to compute cost-of-living increases for certain governmental benefits.","text_len":5271,"sum_len":1171} {"bill_id":"110_hr7298","text":"SECTION 1. SMALL BUSINESS EXPENSING PROVISIONS MADE PERMANENT.\n\n (a) Increase in Small Business Expensing Made Permanent.--\n (1) In general.--Subsection (b) of section 179 of the \n Internal Revenue Code of 1986 (relating to limitations) is \n amended--\n (A) by striking ``$25,000 ($125,000 in the case of \n taxable years beginning after 2006 and before 2011)'' \n in paragraph (1) and inserting ``$500,000'', and\n (B) by striking ``$200,000 ($500,000 in the case of \n taxable years beginning after 2006 and before 2011)'' \n in paragraph (2) and inserting ``$1,000,000''.\n (2) Conforming amendment.--Section 179(b) of such Code is \n amended by striking paragraph (7).\n (b) Expensing for Computer Software Made Permanent.--Clause (ii) of \nsection 179(d)(1)(A) of such Code is amended by striking ``and which is \nplaced in service in a taxable year beginning after 2002 and before \n2011,''.\n (c) Inflation Adjustment.--\n (1) So much of subparagraph (A) of section 179(b)(5) of \n such Code as precedes clause (i) thereof is amended to read as \n follows:\n ``(A) In general.--In the case of any taxable year \n beginning in a calendar year after 2009, the $500,000 \n and $1,00,000 amounts in paragraphs (1) and (2) shall \n each be increased by an amount equal to--''.\n (2) Section 179(b)(5)(A)(ii) of such Code is amended by \n striking ``2006'' and inserting ``2008''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\nSEC. 2. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED \n AUTOMOBILES.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 224 as \nsection 225 and by inserting after section 223 the following new \nsection:\n\n``SEC. 224. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED \n AUTOMOBILES.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction an amount equal to the cost of any \nqualified automobile placed in service by the taxpayer during the \ntaxable year.\n ``(b) Limitation Per Vehicle.--The amount of the deduction allowed \nunder subsection (a) for any vehicle shall not exceed $10,000.\n ``(c) Qualified Automobile.--For purposes of this section--\n ``(1) In general.--The term `qualified automobile' means \n any motor vehicle--\n ``(A) the final assembly of which is in the United \n States by a manufacturer,\n ``(B) the original use of which commences with the \n taxpayer, and\n ``(C) which is acquired for use by the taxpayer and \n not for resale.\n ``(2) Motor vehicle.--For purposes of paragraph (1), the \n term `motor vehicle' means any vehicle which is manufactured \n primarily for use on public streets, roads, and highways (not \n including a vehicle operated exclusively on a rail or rails) \n and which has at least 4 wheels.\n ``(d) Special Rules.--\n ``(1) Basis reduction.--The basis of any property for which \n a deduction is allowable under subsection (a) shall be reduced \n by the amount of such deduction.\n ``(2) Recapture.--The Secretary shall, by regulations, \n provide for recapturing the benefit of any deduction allowable \n under subsection (a) with respect to any property which ceases \n to be property eligible for such deduction.\n ``(3) Property used outside united states, etc., not \n qualified.--No deduction shall be allowed under subsection (a) \n with respect to any property referred to in section 50(b) or \n with respect to the portion of the cost of any property taken \n into account under section 179.\n ``(4) Property used in trade or business.--No deduction \n shall be allowed under subsection (a) with respect to any \n property of a character which is subject to the allowance under \n section 167 (relating to allowance for depreciation, etc.).\n ``(e) Denial of Double Benefit.--No deduction shall be allowed \nunder subsection (a) for any expense for which a deduction or credit is \nallowed under any other provision of this chapter.\n ``(f) Termination.--This section shall not apply to any taxable \nyear beginning after December 31, 2010.''.\n (b) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the last \nitem and inserting the following new items:\n\n``Sec. 224. Deduction for purchase of domestically manufactured \n automobiles.\n``Sec. 225. Cross reference.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service in taxable years ending after the \ndate of the enactment of this Act.","summary":"Amends the Internal Revenue Code to: (1) increase and make permanent the expensing allowance for depreciable business assets. And (2) allow a tax deduction, up to $10,000, for the purchase of a motor vehicle manufactured in the United States. Terminates such tax deduction after 2010.","title":"To amend the Internal Revenue Code of 1986 to make permanent the deduction for expensing certain depreciable business assets and to allow a deduction for the original purchase of domestically manufactured automobiles.","text_len":5257,"sum_len":284} {"bill_id":"108_hr4793","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Justice and Understanding By \nInternational Loan Elimination and Equity Act of 2004'' or the \n``JUBILEE Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Many poor countries have been struggling under the \n burden of international debts for many years.\n (2) Many poor countries have debts that are odious because \n they were incurred by dictatorships that did not use the funds \n in ways that benefitted the population of the country.\n (3) The international Jubilee coalitions have been working \n to raise awareness of the needs of these impoverished countries \n for full debt cancellation.\n (4) The International Monetary Fund (IMF) has imposed \n onerous structural adjustment requirements on many poor \n countries as a condition of past loans and of participation in \n debt relief programs.\n (5) Justice requires that these countries receive full \n cancellation of their debts.\n\nSEC. 3. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES.\n\n Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-8) is amended by adding at the end the following:\n\n``SEC. 1626. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES.\n\n ``(a) In General.--\n ``(1) Cancellation of debt.--In order to achieve \n multilateral debt cancellation and promote human and economic \n development and poverty alleviation in eligible poor countries, \n the Secretary of the Treasury shall commence immediate efforts, \n within the Paris Club of Official Creditors, the International \n Monetary Fund (IMF), the International Bank for Reconstruction \n and Development (World Bank), and the other international \n financial institutions (as defined in section 1701(c)(2)), to \n accomplish the following:\n ``(A) Each international financial institution \n shall cancel all debts owed to the institution by \n eligible poor countries. To the extent possible, each \n institution shall finance the debt cancellation from \n their ongoing operations, procedures, and accounts.\n ``(B) Any waiting period before receiving debt \n cancellation shall not exceed 1 month from the date of \n an eligible poor country's application for debt \n cancellation.\n ``(C) The government of each eligible poor country \n shall be encouraged to allocate at least 20 percent of \n its national budget, including the savings from the \n cancellation of debt, for the provision of basic health \n care services, education services, and clean water \n services to individuals in the country. In providing \n such services, the government should seek input from a \n broad cross-section of members of civil society.\n ``(2) Establishment of framework for creditor \n transparency.--In order to ensure that creditor activity is \n known and assessed by all stakeholders, the Secretary of the \n Treasury shall commence immediate efforts, within the Paris \n Club of Official Creditors, the International Monetary Fund \n (IMF), the International Bank for Reconstruction and \n Development (World Bank), and the other international financial \n institutions (as so defined), to ensure that each of such \n institutions--\n ``(A) continues to make efforts to promote greater \n transparency regarding the activities of the \n institution, including project design, project \n monitoring and evaluation, project implementation, \n resource allocation, and decisionmaking; and\n ``(B) supports continued efforts to allow informed \n participation and input by affected communities, \n including translation of information on proposed \n projects, provision of information through information \n technology application, oral briefings, and outreach to \n and dialogue with community organizations and \n institutions in affected areas.\n ``(3) Availability on treasury department website of \n remarks of united states executive directors at meetings of \n international financial institutions' boards of directors.--The \n Secretary of the Treasury shall make available on the website \n of the Department of the Treasury the full record of the \n remarks of the United States Executive Director at meetings of \n the Board of Directors of the International Monetary Fund \n (IMF), the International Bank for Reconstruction and \n Development (World Bank), and the other international financial \n institutions (as so defined), about cancellation or reduction \n of debts owed to the institution involved, with redaction by \n the Secretary of the Treasury of material deemed too sensitive \n for public distribution, but showing the topic, amount of \n material redacted, and reason for the redaction.\n ``(4) Report from the comptroller general.--Within 1 year \n after the date of the enactment of this section, the \n Comptroller General of the United States shall prepare and \n submit to the Committee on Financial Services of the House of \n Representatives and the Committee on Banking, Housing, and \n Urban Affairs of the Senate a report on the availability of the \n ongoing operations, procedures, and accounts of the \n International Monetary Fund (IMF), the International Bank for \n Reconstruction and Development (World Bank), and the other \n international financial institutions (as so defined) for \n canceling the debt of eligible poor countries.\n ``(5) Annual reports from the president.--Not later than \n December 31 of each year, the President shall submit to the \n Committees on Financial Services and on International Relations \n of the House of Representatives and the Committees on Foreign \n Relations and on Banking, Housing, and Urban Affairs of the \n Senate a report, which shall be made available to the public, \n on the activities undertaken under this section, and other \n progress made in accomplishing the purposes of this section, \n for the prior fiscal year. The report shall include a list of \n the countries that have received debt cancellation, a list of \n the countries whose request for such debt cancellation has been \n denied and the reasons therefor, and a list of the countries \n whose requests for such debt cancellation are under \n consideration.\n ``(b) Promotion of Equitable Burden Sharing.--In order to promote \nequitable burden sharing by bilateral, multilateral, and private \ncreditors, the Secretary of the Treasury shall commence immediate \nefforts to ensure that such creditors draw upon their own resources to \nfinance debt reduction to the extent possible without diverting funds \nfrom other high-priority poverty alleviation programs.\n ``(c) Eligible Poor Country Defined.--In this section, the term \n`eligible poor country' means Angola, Bangladesh, Benin, Bolivia, \nBotswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African \nRepublic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, \nGambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, \nKenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, \nMozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, \nPhilippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, \nSierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and \nZambia, but not if--\n ``(1) the government of the country has an excessive level \n of military expenditures;\n ``(2) the government of the country has repeatedly provided \n support for acts of international terrorism, as determined by \n the Secretary of State under section 6(j)(1) of the Export \n Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or \n section 620A(a) of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2371(a));\n ``(3) the government of the country is failing to cooperate \n on international narcotics control matters;\n ``(4) the government of the country (including its military \n or other security forces) engages in a consistent pattern of \n gross violations of internationally recognized human rights; or\n ``(5) in the case of Haiti, the government of the country \n has not been elected through free and fair elections.''.\n\nSEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS.\n\n Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-8) is further amended by adding at the end the \nfollowing:\n\n``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS.\n\n ``(a) Prohibition of Structural Adjustment Conditions.--In order to \npromote human and economic development and poverty alleviation in \neligible poor countries (as defined in section 1626(c)), the Secretary \nof the Treasury shall commence immediate efforts within the Paris Club \nof Official Creditors, as well as the International Monetary Fund \n(IMF), the International Bank for Reconstruction and Development (World \nBank), and the other international financial institutions (as defined \nin section 1701(c)(2)), to ensure that the provision of debt \ncancellation to the countries is not conditioned on any agreement by \nsuch a country to implement or comply with policies that deepen poverty \nor degrade the environment, including any policy that--\n ``(1) implements or extends user fees on primary education \n or primary health care, including prevention and treatment \n efforts for HIV\/AIDS, tuberculosis, malaria, and infant, child, \n and maternal well-being;\n ``(2) provides for increased cost recovery from poor people \n to finance basic public services such as education, health \n care, or sanitation;\n ``(3) would have the effect of increasing the cost to \n consumers with incomes of less than $2 per day for access to \n clean drinking water through--\n ``(A) decreased public subsidy for water supply, \n treatment, disposal, distribution, or management;\n ``(B) reduced intrasectoral or intersectoral \n subsidization of residential water consumers with \n incomes of less than $2 per day;\n ``(C) reduced government ability to regulate; or\n ``(D) mandated privatization of water; or\n ``(4) undermines workers' ability to exercise effectively \n their internationally recognized worker rights, as defined \n under section 526(e) of the Foreign Operations, Export \n Financing and Related Programs Appropriations Act, 1995 (22 \n U.S.C. 262p-4p).\n ``(b) Annual Reports to the Congress.--Not later than December 31 \nof each year, the President shall submit to the Committees on Financial \nServices and on International Relations of the House of Representatives \nand the Committees on Foreign Relations and on Banking, Housing, and \nUrban Affairs of the Senate a report, which shall be made available to \nthe public, on the activities undertaken under this section, and other \nprogress made in accomplishing the purposes of this section, for the \nprior fiscal year.''.","summary":"Justice and Understanding By International Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development , and other international financial institutions (multilateral development institutions (MDI's)) to accomplish: (1) the cancellation of all debts owed to each institution by specified eligible poor countries, and the financing of such debt cancellation from the institution's ongoing operations, procedures, and accounts. (2) the limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it. And (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) establishment of a framework to ensure transparency regarding each international financial institution's activities. And (2) availability on the Treasury Department's website of US Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment.","title":"To provide for the cancellation of debts owed to international financial institutions by poor countries, and for other purposes.","text_len":11967,"sum_len":1787} {"bill_id":"108_s1685","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Basic Pilot Program Extension and \nExpansion Act of 2003''.\n\nSEC. 2. EXTENSION OF PROGRAMS.\n\n Section 401(b) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking \n``6-year period'' and inserting ``11-year period''.\n\nSEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.\n\n (a) In General.--Section 401(c)(1) of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) \nis amended by inserting after ``United States'' the following: ``, and \nthe Secretary of Homeland Security shall expand the operation of the \nprogram to all 50 States not later than December 1, 2004''.\n (b) Report.--Section 405 of the Illegal Immigration Reform and \nImmigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--\n (1) by striking ``The'' and inserting:\n ``(a) In General.--The'', and\n (2) by adding at the end the following new subsection:\n ``(b) Report on Expansion.--Not later than June 1, 2004, the \nSecretary of Homeland Security shall submit to the Committees on the \nJudiciary of the House of Representatives and the Senate a report--\n ``(1) evaluating whether the problems identified by the report \n submitted under subsection (a) have been substantially resolved; \n and\n ``(2) describing what actions the Secretary of Homeland \n Security shall take before undertaking the expansion of the basic \n pilot program to all 50 States in accordance with section \n 401(c)(1), in order to resolve any outstanding problems raised in \n the report filed under subsection (a).''.\n (c) Conforming Amendments.--Section 402(c) of the Illegal \nImmigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. \n1324a note) is amended--\n (1) in paragraph (2)(B), by striking ``or entity electing--'' \n and all that follows through ``(ii) the citizen attestation pilot \n program'' and inserting ``or entity electing the citizen \n attestation pilot program'';\n (2) by striking paragraph (3); and\n (3) by redesignating paragraph (4) as paragraph (3).\n (d) Additional Technical and Conforming Amendments.--Title IV of \nthe Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n(8 U.S.C. 1324a note) is amended by striking ``Attorney General'' each \nplace that term appears and inserting ``Secretary of Homeland \nSecurity''.\n\nSEC. 4. PILOT IMMIGRATION PROGRAM.\n\n (a) Processing Priority Under Pilot Immigration Program for \nRegional Centers To Promote Economic Growth.--Section 610 of the \nDepartments of Commerce, Justice, and State, the Judiciary, and Related \nAgencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--\n (1) by striking ``Attorney General'' each place such term \n appears and inserting ``Secretary of Homeland Security''; and\n (2) by adding at the end the following:\n ``(d) In processing petitions under section 204(a)(1)(H) of the \nImmigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) for \nclassification under section 203(b)(5) of such Act (8 U.S.C. \n1153(b)(5)), the Secretary of Homeland Security may give priority to \npetitions filed by aliens seeking admission under the pilot program \ndescribed in this section. Notwithstanding section 203(e) of such Act \n(8 U.S.C. 1153(e)), immigrant visas made available under such section \n203(b)(5) may be issued to such aliens in an order that takes into \naccount any priority accorded under the preceding sentence.''.\n (b) Extension.--Section 610(b) of the Departments of Commerce, \nJustice, and State, the Judiciary, and Related Agencies Appropriations \nAct, 1993 (8 U.S.C. 1153 note) is amended by striking ``10 years'' and \ninserting ``15 years''.\n\nSEC. 5. GAO STUDY.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the General Accounting Office shall report to Congress on \nthe immigrant investor program created under section 203(b)(5) of the \nImmigration and Nationality Act (8 U.S.C. 1153(b)(5)).\n (b) Contents.--The report described in subsection (a) shall include \ninformation regarding--\n (1) the number of immigrant investors that have received visas \n under the immigrant investor program in each year since the \n inception of the program;\n (2) the country of origin of the immigrant investors;\n (3) the localities where the immigrant investors are settling \n and whether those investors generally remain in the localities \n where they initially settle;\n (4) the number of immigrant investors that have sought to \n become citizens of the United States;\n (5) the types of commercial enterprises that the immigrant \n investors have established; and\n (6) the types and number of jobs created by the immigrant \n investors.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Basic Pilot Program Extension and Expansion Act of 2003 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend for five additional years: (1) the basic employment verification system pilot program, (2) the citizen attestation pilot program. And (3) the machine-readable-document pilot program. Extends the scope of the basic pilot program to all States by December 1, 2004 . Directs the Secretary of Homeland Security to report on such program extension by June 1, 2004. Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to authorize the Secretary of Homeland Security to give immigration priority to petitions filed under the pilot immigration for regional centers to promote economic growth. Extends such program for an additional five years. Directs the General Accounting Office (GAO) to conduct a study of the immigrant investor program, including information on the number of such immigrants and their country of origin, settlement locality, and employment created by them.","title":"A bill to extend and expand the basic pilot program for employment eligibility verification, and for other purposes.","text_len":5110,"sum_len":1082} {"bill_id":"113_hr5197","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency in Reporting to Protect \nAmerican Workers and Prevent Human Trafficking Act''.\n\nSEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES.\n\n Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. \n1184(c)(8)) is amended to read as follows:\n ``(8)(A)(i)(I) The Secretary of Homeland Security annually shall \nsubmit to the Committees on the Judiciary of the House of \nRepresentatives and of the Senate and timely upload to a public website \na report (along with the corresponding raw data set) with respect to \neach of the subparagraphs of sections 101(a)(15) and 214(e) that permit \nemployment in the United States under any circumstances, including \ncultural exchange, training, or business activities which result in \nreceiving any form of compensation, including a stipend, from any \nsource.\n ``(II) Each report under subclause (I) shall contain the following \ndata regarding any nonimmigrant visa or any grant of nonimmigrant \nstatus:\n ``(aa) The number of aliens who were granted such a visa or \n status.\n ``(bb) The number of aliens who had such visas or statuses \n that were expired, revoked, or otherwise terminated during each \n month of the preceding fiscal year.\n ``(cc) Information on the countries of origin of (including \n local region or state if available), age, gender, and \n occupations of, educational levels attained by, and \n compensation paid to aliens issued such visa or status.\n ``(dd) The names and addresses of employers and the number \n of aliens authorized per category and subclass to work for each \n employer, including the country of origin, age, and gender of \n each alien authorized to work for each employer, the alien's \n primary work location, and secondary work location if one \n exists.\n ``(III) Each report under subclause (I) shall contain the following \ndata regarding any nonimmigrant visa category or status (including \nextensions and transfers to another visa category or subclass, or \nrequest to switch to another employer) that requires approval from the \nSecretary of Homeland Security through a Petition for Nonimmigrant \nWorker, Form I-129 (or any successor form):\n ``(aa) The number of petitions filed.\n ``(bb) The number of petitions approved and the number of \n workers (by occupation) included in such approved petitions.\n ``(cc) The number of petitions denied and the number of \n workers (by occupation) requested in such denied petitions.\n ``(dd) The Standard Occupational Classification (SOC) code \n for each occupation in each approved petition.\n ``(ee) The number of petitions withdrawn.\n ``(ff) The number of petitions awaiting final action.\n ``(ii) The Secretary of Homeland Security annually shall submit to \nthe Committees on the Judiciary of the House of Representatives and of \nthe Senate and timely upload to a public website a report (along with \nthe corresponding raw data set) that contains the following:\n ``(I) A list of all employers who petition for visas under \n section 101(a)(15)(H)(i)(b).\n ``(II) The number of such petitions filed and approved for \n each such employer.\n ``(III) The Standard Occupational Classifications (SOC) for \n the approved positions.\n ``(IV) The number of nonimmigrants for whom each such \n employer files for adjustment to permanent resident status.\n ``(V) A list of all employers who are H-1B-dependent \n employers (as defined in section 212(n)(3)(A)).\n ``(VI) A list of all employers for whom more than 30 \n percent of their United States workforce are nonimmigrants \n described in subparagraph (H)(i)(b) or (L) of section \n 101(a)(15).\n ``(VII) A list of all employers for whom more than 50 \n percent of their United States workforce are nonimmigrants \n described in subparagraph (H)(i)(b) or (L) of section \n 101(a)(15).\n ``(VIII) A gender breakdown by occupation and by country of \n origin for the nonimmigrants described in section \n 101(a)(15)(H)(i)(b).\n ``(IX) A list of all employers who conduct outplacement of \n nonimmigrants described in section 101(a)(15)(H)(i)(b).\n ``(X) The number of nonimmigrants described in section \n 101(a)(15)(H)(i)(b) categorized by their highest level of \n education and major or primary field of study, and whether such \n education was obtained in the United States or in a foreign \n country.\n ``(iii) The Secretary of Homeland Security annually shall submit to \nthe Committees on the Judiciary of the House of Representatives and of \nthe Senate and timely upload to a public website a report (along with \nthe corresponding raw data set) that contains the following:\n ``(I) A list of all employers who have filed petitions with \n the Secretary of Homeland Security for nonimmigrants under \n section 101(a)(15)(L).\n ``(II) The number of such petitions filed and approved for \n each such employer, whether each petition was processed by the \n Department of Homeland Security or the Department of State as a \n blanket petition under paragraph (2)(A).\n ``(III) The Standard Occupational Classifications (SOC) \n code for each occupation in each approved positions.\n ``(IV) The amount of compensation paid to each beneficiary.\n ``(V) The number of nonimmigrants described in section \n 101(a)(15)(L) for whom each such employer files for adjustment \n to permanent resident status.\n ``(VI) A list of all employers for whom more than 30 \n percent of their United States workforce are nonimmigrants \n described in subparagraph (H)(i)(b) or (L) of section \n 101(a)(15).\n ``(VII) A list of all employers for whom more than 50 \n percent of their United States workforce are nonimmigrants \n described in subparagraph (H)(i)(b) or (L) of section \n 101(a)(15).\n ``(VIII)(aa) A list of all employers who have been \n authorized to file blanket petitions under paragraph (2)(A), \n including those who were identified by aliens applying for a \n visa under section 101(a)(15)(L) as the employer seeking to \n employ such aliens; and\n ``(bb) the number of such visa applications approved \n pursuant to each blanket petition.\n ``(IX) A gender breakdown by occupation and by country of \n origin for the nonimmigrants described in section \n 101(a)(15)(L).\n ``(X) list of all employers who conduct outplacement of \n nonimmigrants described in section 101(a)(15)(L).\n ``(XI) The number of nonimmigrants described in section \n 101(a)(15)(L) categorized by their highest level of education \n and major or primary field of study, and whether such education \n was obtained in the United States or in a foreign country.\n ``(XII) The number of petitions which have been authorized \n as blanket petitions under paragraph (2)(A).\n ``(iv) Reporting required by this subparagraph includes information \ngathered on petitions for nonimmigrant status or in any other manner, \nincluding consular processing, and computer systems managed by the \nSecretary of Homeland Security for tracking students and exchange \nvisitors.\n ``(v) The information included in the reports under this \nsubparagraph shall be disaggregated by nonimmigrant visa type and each \nsubclass, if applicable as set forth in subparagraph (C).\n ``(vi) The annual reports required under this subparagraph shall be \nsubmitted not later than 3 months after the end of each fiscal year and \nshall contain data pertaining to the requested categories from the \nimmediately preceding fiscal year.\n ``(B)(i) The Secretary of Homeland Security shall maintain an \naccurate count of the number of aliens subject to numerical \nlimitations, if any, of the visa issued or nonimmigrant status \nprovided, including under subsection (g)(1).\n ``(ii) The Secretary of Homeland Security shall notify, on a \nquarterly basis, the Committees on the Judiciary of the House of \nRepresentatives and the Senate of the numbers of aliens who during the \npreceding 3-month period were issued visas or otherwise provided \nnonimmigrant status under section 101(a)(15)(H)(i)(b).\n ``(iii) The Secretary of Homeland Security shall notify, on a \nsemiannual basis, the Committees on the Judiciary of the House of \nRepresentatives and the Senate of the number of aliens who during the \npreceding 1-year period were issued visas or otherwise provided \nnonimmigrant status under all annually capped visas enumerated in \nsection 101(a)(15) or who had such a visa or such status revoked or \notherwise terminated.\n ``(iv) Each notification under clause (i), and each submission \nunder clause (ii), shall include the number of aliens who were issued \nvisas or otherwise provided nonimmigrant status pursuant to petitions \nfiled by institutions or organizations described in section 212(p)(1).\n ``(C) The Secretary of Homeland Security shall collect and report \nthe required data described in subparagraphs (A) and (B) for \nnonimmigrant visas issued, or nonimmigrant status granted, under any \nsubparagraph of section 101(a)(15) and disaggregate the data \naccordingly with respect to any particular subclass, or employment-\nauthorized exchange or training program authorized under each subclass \nor otherwise specified in regulations or Federal agency guidance or \ndirectives, including--\n ``(i) with respect to section 101(a)(15)(J), the specific \n program provisions enumerated in subpart B of part 62 of title \n 22, Code of Federal Regulations;\n ``(ii) with respect to section 101(a)(15)(B), the specific \n categories of business visitor activity enumerated in notes 9-\n 11 of section 41.31 of volume 9, U.S. Department of State \n Foreign Affairs Manual; and\n ``(iii) with respect to section 101(a)(15)(F), all persons \n granted employment authorization pursuant to the provisions \n enumerated in section 214.2(f)(10) of title 8, Code of Federal \n Regulations.\n ``(D) If the Secretary of Homeland Security determines that \ninformation maintained by either the Secretary of State or the \nSecretary of Labor is required to make a submission described in this \nparagraph, for example if any of the required information is gathered \nduring consular processing or during the labor certification process, \nthe Secretaries of State and Labor shall provide such information to \nthe Secretary of Homeland Security upon request.\n ``(E) The Secretaries of Homeland Security, State, and Labor shall \ntake such steps as are necessary to revise any applications, petition \nforms, and databases used for nonimmigrant visas or status under each \nsubparagraph and corresponding subcategory or subclass of section \n101(a)(15) which permit an alien beneficiary to work in the United \nStates under any circumstances, including training or business \nactivities which result in receiving any form of compensation, \nincluding a stipend, from any source, so as to ensure that sufficient \ninformation is collected to report the data as required under this \nparagraph.''.","summary":"Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act - Amends the Immigration and Nationality Act to revise and expand the data reporting requirements to cover all nonimmigrant employees. Requires that such information be available on a public website.","title":"Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act","text_len":11652,"sum_len":287} {"bill_id":"110_hr7207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spectrum Relocation Improvement Act \nof 2008''.\n\nSEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM \n RELOCATION PROCESS.\n\n (a) Eligible Federal Entities.--Section 113(g)(1) of the National \nTelecommunications and Information Administration Organization Act (47 \nU.S.C. 923(g)(1)) is amended to read as follows:\n ``(1) Eligible federal entities.--Any Federal entity, as \n defined in subsection (i), that operates a Federal Government \n station assigned to a band of eligible frequencies, as \n described in paragraph (2), and that incurs relocation costs \n because of the reallocation of frequencies from Federal use to \n non-Federal use shall receive payment for such costs from the \n Spectrum Relocation Fund if the Federal entity is found by the \n Office of Management and Budget (`OMB') to comply with the \n requirements of this section and section 118. For purposes of \n this paragraph, Federal power agencies exempted under \n subsection (c)(4) that choose to relocate from the frequencies \n identified for reallocation pursuant to subsection (a) are \n eligible to receive payment under this paragraph.''.\n (b) Public Information on Relocation Process.--Section 113(g) of \nsuch Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) \nas paragraph (7) and by inserting after paragraph (5) the following new \nparagraph:\n ``(6) Public notice of relocation plans.--\n ``(A) Not later than 60 days after the date on \n which the NTIA, on behalf of eligible Federal entities \n and after review by OMB, notifies the Commission of \n estimated relocation costs and timelines for such \n relocation as required by subsection (g)(4)(A), NTIA \n shall post on its website detailed transition plans \n from each of the eligible Federal entities. Each \n Federal entity's transition plan shall provide the \n public with the following information about its \n spectrum relocation requirements:\n ``(i) Current use of the spectrum.\n ``(ii) Geographic location of the Federal \n entities' facilities or systems.\n ``(iii) Frequency bands used by such \n facilities or systems, described by geographic \n location.\n ``(iv) The steps to be taken by the Federal \n entity to relocate its current spectrum uses \n from the eligible frequencies, detailed \n according to timelines for specific geographic \n locations in sufficient detail to indicate when \n use of such frequencies at specific locations \n will be shared between the Federal entity and \n the commercial licensee.\n ``(v) The specific interactions between \n eligible Federal entities and NTIA needed to \n implement the transition plan.\n ``(vi) The professional staff, including \n managers, who are responsible for the Federal \n entity's relocation efforts and who are \n authorized to meet and negotiate with \n commercial licensees regarding the relocation \n process.\n ``(vii) The Federal entity's plans and \n timeline for using relocation funds received \n from the Spectrum Relocation Fund.\n ``(viii) The Federal entity's plans and \n timeline for procuring new equipment and \n additional personnel needed for the relocation.\n ``(ix) The Federal entity's plans and \n timeline for field-testing and deploying new \n equipment needed in the relocation.\n ``(x) The Federal entity's plans and \n timeline for hiring and relying on contract \n personnel, if any.\n ``(xi) Risk factors in the relocation \n process that could affect the Federal entity's \n fulfillment of its transition plan.\n ``(B) To be eligible to receive payment for \n relocation costs from the Spectrum Relocation Fund--\n ``(i) Federal entities shall make the \n transition plans described in this subsection \n available to NTIA at least 60 days prior to the \n date that NTIA must make such plans publicly \n available on its website pursuant to \n subparagraph (A), in a common format to be \n specified by NTIA after public input; and\n ``(ii) each transition plan shall be \n evaluated by a standing 3-member technical \n panel (in this section referred to as the \n `Technical Panel'), which shall report to NTIA \n and to the Federal entity, within 30 days after \n the plan's submission to NTIA, on the \n sufficiency of the plan under this paragraph, \n including whether the required public \n information is included and whether proposed \n timelines and estimated relocation costs are \n reasonable.\n ``(C) The Director of OMB, the Administrator of \n NTIA, and the Chairman of the FCC shall each appoint \n one member to the Technical Panel, and each such member \n shall be a radio engineer or technical expert not \n employed by, or a paid consultant to, any Federal or \n State governmental agency. NTIA shall adopt regulations \n to govern the workings of the Technical Panel after \n public notice and comment, subject to OMB approval, and \n the members of the Technical Panel shall be appointed, \n within 180 days of the date of enactment of the \n Spectrum Relocation Improvement Act of 2008.\n ``(D) If any of the information otherwise required \n in subparagraph (g)(6) is `classified information,' as \n that term is defined in section 798(b) of title 18, \n United States Code, the Federal entity's transition \n plan shall explain the exclusion of any such \n information as specifically as possible, shall make all \n relevant non-classified information available in its \n transition plan, and shall discuss as a risk factor the \n extent of the classified information and the effect on \n the relocation process of the classified \n information.''.\n (c) Sharing and Coordination of Spectrum Between Commercial \nLicensees and Federal Entities During Relocation Transition.--Section \n118 of such Act (47 U.S.C. 928) is amended by adding at the end the \nfollowing new subsections:\n ``(f) Eligibility for Payment of Relocation Costs.--\n ``(1) Spectrum sharing.--To be eligible to receive payment \n for relocation costs from the Spectrum Relocation Fund, a \n Federal entity must--\n ``(A) in its transition plan for relocating its \n current spectrum uses, provide, to the fullest extent \n possible, for sharing and coordination of eligible \n frequencies with commercial licensees, including \n reasonable accommodation by the Federal entity for the \n use of eligible frequencies by the commercial licensee \n during the period that the Federal entity is relocating \n its spectrum uses (in this subsection referred to as \n the `transition period');\n ``(B) during the transition period, make itself \n available, within 30 days after a written request, for \n negotiation and discussion with commercial licensees; \n and\n ``(C) during the transition period, make available \n to a commercial licensee with appropriate security \n clearances any `classified information' as that term is \n defined in section 798(b) of title 18, United States \n Code, regarding the relocation process, on a need-to-\n know basis, to assist the commercial licensee in the \n relocation process with that Federal entity or other \n Federal entities.\n ``(2) Timely and successful completion of relocation.--In \n addition to the conditions of paragraph (1), to be eligible to \n receive payment for relocation costs from the Spectrum \n Relocation Fund, a Federal entity must--\n ``(A) complete the relocation of its current \n spectrum uses not later than 1 year after the date upon \n which funds are transferred to the entity to fund the \n relocation unless, prior to the date that NTIA is \n required to post publicly the Federal entity's \n transition plan, the Federal entity receives written \n approval from OMB, with advice of NTIA, for a different \n time period for completion; and\n ``(B) make available to NTIA, not later than 15 \n days prior to the date that is the halfway point of the \n time period described in subparagraph (A), a complete \n update of its transition plan. NTIA shall post such \n update publicly on its website not later than the date \n that is the halfway point of the time period described \n in subparagraph (A).\n ``(3) Nothing in paragraphs (1) or (2) shall be construed \n to adversely affect critical communications related to the \n mission of any Federal entity.\n ``(4) Subject to subsection (d), payments for relocation \n costs from the Spectrum Relocation Fund shall be made to an \n eligible Federal entity not later than 30 days after the grant \n of the first license following the close of the auction.\n ``(g) Dispute Resolution Process.--\n ``(1) If, during the spectrum relocation process, a dispute \n arises over the execution, timing, or cost of the Federal \n entity's transition plan, either the Federal entity or the \n affected commercial licensee may seek resolution of the dispute \n from a 3-member dispute resolution board, consisting of a \n representative of OMB, NTIA, and the Commission, and chaired by \n the representative of OMB.\n ``(2) The dispute resolution board shall meet with \n representatives of the Federal entity and the commercial \n licensee together to discuss the dispute. The dispute \n resolution board may require the parties to make written \n submissions to it. The dispute resolution board shall rule on \n any dispute within 28 days after the date that the dispute was \n brought before it.\n ``(3) The dispute resolution board shall be assisted by the \n Technical Panel described in section 113(g)(6)(C).\n ``(4) Subject to OMB approval, NTIA shall adopt regulations \n to govern the working of the dispute resolution board and the \n role of the Technical Panel after public notice and comment \n within 180 days after the date of enactment of the Spectrum \n Relocation Improvement Act of 2008.\n ``(5) Appeals may be taken from decisions of the dispute \n resolution board to the United States Court of Appeals for the \n District of Columbia Circuit by filing a notice of appeal with \n that court within 30 days after the date of such decision. Each \n party shall bear its own costs and expenses, including \n attorneys' fees, for any litigation to enforce this subsection \n or any decision rendered under it.''.","summary":"Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.","title":"To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.","text_len":12888,"sum_len":698} {"bill_id":"112_s1068","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Loan Simplification and \nOpportunity Act of 2011''.\n\nSEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY.\n\n (a) Repeal.--\n (1) In general.--Section 459A of the Higher Education Act \n of 1965 (20 U.S.C. 1087i-1) is repealed.\n (2) Conforming amendments.--Part D of the Higher Education \n Act of 1965 (20 U.S.C. 1087a et seq.) is amended--\n (A) in section 451(a) (20 U.S.C. 1087a), by \n striking ``(1) to make loans to all eligible students \n (and the eligible parents of such students) in \n attendance at participating institutions of higher \n education selected by the Secretary, to enable such \n students to pursue their courses of study at such \n institutions during the period beginning July 1, 1994; \n and (2) for purchasing loans under section 459A.'' and \n inserting ``to make loans to all eligible students (and \n the eligible parents of such students) in attendance at \n participating institutions of higher education selected \n by the Secretary, to enable such students to pursue \n their courses of study at such institutions during the \n period beginning July 1, 1994.''; and\n (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i-\n 2(a)(2)(B)), by striking ``purchased by the Secretary \n pursuant to section 459A'' and inserting ``purchased by \n the Secretary pursuant to section 459A under the terms \n of that provision in effect on or before June 30, 2010, \n or converted by the Secretary pursuant to section \n 459A''.\n (b) Student Loan Debt Conversion.--Part D of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting \nafter section 459 the following:\n\n``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT.\n\n ``(a) In General.--\n ``(1) Authority.--The Secretary shall, at the request of an \n eligible borrower (as described in subsection (b)), convert an \n eligible student loan debt (as described in subsection (c)) \n into a Federal debt by paying the holder of the eligible \n student loan the outstanding balance of principal and interest \n on that loan, and the borrower shall enter into an agreement to \n repay to the Secretary the amount advanced to convert the debt \n to a Federal debt.\n ``(2) Duration of authority.--The Secretary shall convert \n eligible student loan debt under this section for those \n eligible borrowers whose applications for conversion are \n received on or after January 1, 2012 and before October 1, \n 2012.\n ``(3) Designation of loan.--The repayment obligation of the \n borrower whose eligible student loan debt was repaid by the \n Secretary and converted to a Federal debt under this section \n shall be referred to as a `FFEL Debt Conversion Loan'.\n ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt \nConversion Loan if the borrower, in addition to the loans described in \nsubsection (c), has an outstanding loan that was made under this part, \nor an outstanding loan that was purchased by the Secretary pursuant to \nsection 459A under the terms of that provision in effect on or before \nJune 30, 2010.\n ``(c) Eligible Student Loan Debt.--A student loan of an eligible \nborrower is eligible for payment by a FFEL Debt Conversion Loan if--\n ``(1) the loan was made, insured, or guaranteed under part \n B, and not previously purchased by the Secretary pursuant to \n section 459A under the terms of that provision in effect on or \n before June 30, 2010;\n ``(2) the loan is not in default; and\n ``(3) the loan is not delinquent for 270 days or more.\n ``(d) Terms and Conditions of Debt Conversion Loans.--\n ``(1) Continuation of terms.--A FFEL Debt Conversion Loan \n shall be repayable by the borrower under the same terms and \n conditions as were applicable under the promissory note signed \n by the borrower for the eligible student loan debt being repaid \n by the Secretary under this section, including such terms as \n applied when the borrower entered repayment, and the \n availability of grace periods and deferments.\n ``(2) Aggregate loan limits.--Notwithstanding any other \n provision of this title, a FFEL Debt Conversion Loan shall be \n included in the calculation of the aggregate loan limit that \n was applicable to the borrower's eligible student loan for \n which the FFEL Debt Conversion Loan was obtained.\n ``(3) Other terms.--\n ``(A) FFEL terms.--Other borrower benefits offered \n by the originating lender or the holder of the eligible \n student loan being repaid that are not specified in \n part B or in the borrower's promissory note for that \n loan are not available with respect to a FFEL Debt \n Conversion Loan.\n ``(B) Direct loan terms.--Except as provided in \n paragraph (5), benefits offered only for loans made \n under this part are not available with respect to a \n FFEL Debt Conversion Loan.\n ``(4) Fees.--\n ``(A) No fees imposed by secretary.--The Secretary \n shall not charge the borrower any origination or other \n fee for the making of a FFEL Debt Conversion Loan.\n ``(B) No fees imposed by holder of eligible student \n loan debt.--Notwithstanding any other provision of law, \n the holder of an eligible student loan shall not charge \n the Secretary or the borrower any origination or other \n fee, including any fee for providing the information \n described in subsection (e), for the conversion of the \n eligible student loan debt to a FFEL Debt Conversion \n Loan.\n ``(5) Ffel debt conversion benefits.--The Secretary may \n offer benefits to a borrower of a FFEL Debt Conversion Loan, in \n an amount that shall not exceed 2 percent of the amount \n advanced on the FFEL Debt Conversion Loan, which may include \n payments to borrowers, reductions in the outstanding principal \n and interest on the FFEL Debt Conversion Loan, or such other \n benefits as the Secretary may establish.\n ``(e) Information From Holders of Student Loan Debt Eligible for \nConversion.--A holder of an eligible student loan shall promptly \nprovide the Secretary with the amount outstanding and such other \ninformation as may be needed to convert that debt under this section.\n ``(f) Notification.--Not later than December 1, 2011, the Secretary \nshall notify eligible borrowers--\n ``(1) of their eligibility to convert an eligible student \n loan debt under this section; and\n ``(2) of the time frame for applying for such \n conversion.''.\n (c) Conforming Amendments.--\n (1) Cohort default rate.--Section 435(m)(2) of the Higher \n Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by \n adding at the end the following:\n ``(E) For purposes of this subsection, a borrower \n who obtains a FFEL Debt Conversion Loan under section \n 459A shall continue to be considered as having entered \n repayment on the date the borrower entered repayment on \n the eligible student loan debt that was repaid by the \n Secretary and converted to a Federal debt under that \n section.''.\n (2) Contracts.--Section 456(b) of the Higher Education Act \n of 1965 (20 U.S.C. 1087f(b)) is amended--\n (A) in paragraph (2), by inserting ``, converted,'' \n after ``made''; and\n (B) in paragraph (3), by inserting ``, converted,'' \n after ``made''.\n (3) Federal consolidation loans.--Section 428C(a)(4)(C) of \n the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is \n amended by inserting ``or converted'' after ``made''.\n (4) Income-based repayment.--Section 493C of the Higher \n Education Act of 1965 (20 U.S.C. 1098e) is amended--\n (A) in subsection (a)(3)(A), by inserting \n ``converted,'' after ``made,'';\n (B) in subsection (b)(1), by inserting \n ``converted,'' after ``made,''; and\n (C) in subsection (c), by inserting ``converted,'' \n after ``made,''.\n (d) Inapplicability of Title IV Negotiated Rulemaking and Master \nCalendar Exception.--Sections 482(c) and 492 of the Higher Education \nAct of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the \namendments made by this section, or to any regulations promulgated \nunder those amendments.\n (e) Annual Cost Estimate.--Notwithstanding any other provision of \nthis Act or an amendment made by this Act, the Secretary of Education \nshall carry out the requirement of section 459A(e)(3) of the Higher \nEducation Act of 1965, as in effect on the day before the date of \nenactment of this Act, with respect to the annual cost estimates \nrequired to be submitted not later than February 15, 2012.\n (f) Funds for Federal Pell Grants.--The proceeds to the Federal \nGovernment from the temporary authority to convert student loan debt \nprovided by the amendments made by this Act shall be used to carry out \nFederal Pell Grants under section 401 of the Higher Education Act of \n1965 (20 U.S.C. 1070a).","summary":"Student Loan Simplification and Opportunity Act of 2011 - Amends title IV of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans. And (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2 of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program.","title":"A bill to amend the Higher Education Act of 1965 to provide for temporary student loan debt conversion authority.","text_len":10091,"sum_len":1214} {"bill_id":"106_s1683","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Rural Alaska Access Rights Act \nof 1999''.\n\nSEC. 2. AMENDMENT OF ACT.\n\n The Alaska National Interest Lands Conservation Act (Public Law 96-\n487; 94 Stat. 2371) is amended as follows:\n (a) Section 101 is amended by adding a new subsection (e) as \nfollows:\n ``(e) All Federal public land managers in Alaska, or a region that \nincludes Alaska, shall participate in an Alaska National Interest Lands \nConservation Act (ANILCA) training class, as outlined in this \nlegislation, to be completed within 120 days after enactment. All \nfuture appointed Federal public land managers in Alaska, or a region \ncontaining Alaska, shall complete ANILCA training within 60 days of \nassuming their position.''.\n (b) Section 103(c) is amended by inserting ``validly selected or'' \nin the second sentence before the word ``conveyed''.\n (c) In section 1102, add a new subsection (5) at the end as \nfollows:\n ``(5) The term `compatible with the uses for which the unit \n was established' means activities which would not cause \n significant adverse impacts on conservation system units \n purposes.''.\n (d) Section 1105 is amended by designating the existing language as \nsubsection (a) and inserting a new subsection (b) as follows:\n ``(b) any alternative route that may be identified by the head of \nthe Federal agency shall not be less economically feasible and prudent \nthan the route being sought by the applicant.''.\n (e) Section 1109 is amended by deleting ``access.'' and inserting \nin lieu thereof: ``access, including rights-of-way established under \nRevised Statute 2477.''.\n (f) The second sentence of section 1110(a) is amended by adding \n``specifically and tangibly'' before the word ``detrimental''.\n (g) The second sentence in section 1110(a) is amended by striking \n``area'' and inserting in lieu thereof: ``area: except that (1) \nreasonable regulations shall not include any requirements for the \ndemonstration of pre-existing use and (2) the Secretary shall limit any \nprohibitions to the smallest area practicable and to the shortest \nperiod of time. No prohibition may be imposed prior to formal \nconsultation with and consideration of the views of the State of \nAlaska.''.\n (h) The last sentence of section 1110(b) is amended by inserting \n``may include easements, right-of-way, or other interests in land or \npermits and'' after ``such rights''.\n (i) In the last sentence of section 1110(b), strike ``lands.'' and \ninsert in lieu thereof: ``lands, except that the Secretary may not \nimpose any unreasonable fees or charges on those seeking to exercise \ntheir rights under this subsection. Individuals or entities possessing \nrights under this subsection shall not be subject to the requirement of \nsections 1104, 1105, 1106, and 1107 of this Act.''.\n (j) Section 1301(d) is amended by striking ``permit'' in the final \nsentence and inserting in lieu thereof ``shall enable''.\n (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and \ninserting in lieu thereof: ``located, except that the applicant may not \nbe required to waive, forfeit, or relinquish any possessory or personal \ninterests in a cabin or structure.''.\n (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and \ninserting in lieu thereof: ``located, except that the applicant may not \nbe required to waive, forfeit, or relinquish any possessory or personal \ninterests in a cabin or structure.''.\n (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and \ninserting in lieu thereof: ``located, except that the applicant may not \nbe required to waive, forfeit, or relinquish any possessory or personal \ninterests in a cabin or structure.''.\n (n) Section 1303 is amended by adding a new subsection (e) as \nfollows:\n ``(e)(1) All permits, permit renewals, or renewal or continuation \nof valid leases issued pursuant to this section shall provide for \nrepair, maintenance, and replacement activities and may authorize \nalterations to cabins and similar structure that do not constitute a \nsignificant impairment of unit purposes. Reasonable access, including \naccess by aircraft, shall be afforded to permittees and lessees for \nthese purposes.\n ``(2) Fees for all permits and leases issued pursuant to this \nsection shall be reasonable and consistent with purpose of maintaining \nand facilitating authorized use. Reasonable fees are those that enable \nthe issuing agency to recover and may not exceed permit or lease \nprocessing costs.\n ``(3) For purposes of this section, a claimant shall include \npersons who have regularly used a cabin related to the provision of \nauthorized fishing or hunting services.''.\n (o) Section 1307 (a) is amended by adding a new sentence at the end \nas follows: ``Inability to provide the service for up to a five year \nperiod shall not constitute a relinquishment of a right under this \nsection.''.\n (p) Section 1313 is amended by adding at the end of the first \nsentence: ``A purpose of all preserve units is to provide for fish and \nwildlife dependent recreation including fishing and hunting.''.\n (q) Section 1314 (c) is amended by striking ``law.'' at the end of \nthe first sentence and inserting the following: ``law except that the \ntaking of fish and wildlife for sport as well as subsistence purposes \nshall be permitted on each unit of the Refuge system in Alaska. The \nSecretary may designate zones where and periods when no hunting, \nfishing, and trapping may be permitted for reasons of public safety, \nadministration, floral and faunal protection, or public use and \nenjoyment. Except in emergencies, any regulations prescribing such \nrestrictions relating to hunting, fishing, or trapping shall be put \ninto effect only after consultation with the appropriate state agency \nhaving responsibility over hunting, fishing, and trapping.''.\n (r) Section 1315 is amended by adding a new subsection ``(g)'' as \nfollows:\n ``(g) Notwithstanding any other provision of law, within National \nForest Wilderness Areas and National Forest Monument areas as \ndesignated in this Act, the Secretary of Agriculture shall permit or \notherwise regulate helicopter use and landings.''.\n (s) Section 1316 (a) is amended in the first sentence by deleting \n``equipment'' and inserting in lieu thereof: ``equipment, including \nmotorized and mechanical equipment,''.\n (t) Section 1316 (a) is amended in the second sentence by striking \n``consistent with the protection'' and inserting in lieu thereof: ``not \ninconsistent with the conservation''.\n (u) Section 1316 (a) is amended by striking ``permittee.'' in the \nlast sentence and inserting in lieu thereof: ``permittee except that \nstructures and facilities may be allowed to stand from season to \nseason.''.\n (v) Section 1316 (b) is amended by inserting ``significantly'' \nbefore the word ``detrimental''.\n (w) Section 1317 (c) is amended by deleting ``section.'' and \ninserting in lieu thereof: ``section except that the Secretary shall \nnot establish management directives, guidelines, policies or \nprescriptions for the purpose of administering any study area to \npreserve Wilderness values prior to action by Congress on \nrecommendations, if any, for wilderness designation of a study area.''.\n (x) Section 1319 is amended by designating the existing text as \nsubsection ``(a)'' and adding the following subsection (b):\n ``(b) Nothing in this Act shall be construed as limiting or \nrestricting the power and authority of the State of Alaska except as \nexpressly provided herein.''.\n (y) The first sentence of Section 1326 (a) is amended by striking \n``withdraws'' in the first sentence and inserting in lieu thereof: \n``withdraws, redesignates or reclassifies into a different or \nadditional land management category''.","summary":"Rural Alaska Access Rights Act of 1999 - Amends the Alaska National Interest Lands Conservation Act to: (1) require all Federal public land managers in Alaska, or a region that includes Alaska, to participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, and for future Alaska public land managers to complete ANILCA training. (2) require any alternative route across Alaska public lands chosen by the head of a Federal agency to be no less economically feasible and prudent than the route being sought by an applicant. (3) provide that nothing in such Act shall be construed to adversely affect rights-of-way established under Revised Statute 2477. (4) provide that reasonable regulations governing transportation across Alaska public lands shall not include any requirements for the demonstration of pre-existing use (requiring the Secretary of the Interior. (5) allow the Secretary to grant easements and rights-of-way to private landholders across Alaska public lands for economic and other purposes. (6) prohibit the Secretary from imposing unreasonable fees or charges for those seeking to exercise such access rights. (7) require the Secretary to enable specified officials to participate in the development of an Alaska National Park System (System) conservation and management plan. (8) state that a current occupier of a cabin or other structure on System lands may not be required to waive, forfeit, or relinquish any possessory or personal interest therein. (9) authorize necessary repairs or minor alterations to such cabins or structures. (10) require fees for permits and leases to be reasonable and consistent with authorized uses. (11) include fish and wildlife dependent recreation as a purpose of Alaska national preserve units. (12) authorize the Secretary to designate zones where and periods when hunting, fishing, and trapping will be prohibited on Alaska public lands. (13) direct the Secretary of Agriculture to permit or regulate helicopter use and landings within Alaska National Forest Wilderness areas and Alaska National Forest Monument areas. And (14) prohibit the Secretary, on Alaska wilderness areas, from establishing management directives for administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.","title":"Rural Alaska Access Rights Act of 1999","text_len":7884,"sum_len":2370} {"bill_id":"111_s864","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Good IRA Rollover Act of \n2009''.\n\nSEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR \n CHARITABLE PURPOSES.\n\n (a) In General.--Paragraph (8) of section 408(d) of the Internal \nRevenue Code of 1986 (relating to tax treatment of distributions) is \namended to read as follows:\n ``(8) Distributions for charitable purposes.--\n ``(A) In general.--No amount shall be includible in \n gross income by reason of a qualified charitable \n distribution.\n ``(B) Qualified charitable distribution.--For \n purposes of this paragraph, the term `qualified \n charitable distribution' means any distribution from an \n individual retirement account--\n ``(i) which is made directly by the \n trustee--\n ``(I) to an organization described \n in section 170(c), or\n ``(II) to a split-interest entity, \n and\n ``(ii) which is made on or after the date \n that the individual for whose benefit the \n account is maintained has attained--\n ``(I) in the case of any \n distribution described in clause \n (i)(I), age 70\\1\/2\\, and\n ``(II) in the case of any \n distribution described in clause \n (i)(II), age 59\\1\/2\\.\n A distribution shall be treated as a qualified \n charitable distribution only to the extent that the \n distribution would be includible in gross income \n without regard to subparagraph (A) and, in the case of \n a distribution to a split-interest entity, only if no \n person holds an income interest in the amounts in the \n split-interest entity attributable to such distribution \n other than one or more of the following: the individual \n for whose benefit such account is maintained, the \n spouse of such individual, or any organization \n described in section 170(c).\n ``(C) Contributions must be otherwise deductible.--\n For purposes of this paragraph--\n ``(i) Direct contributions.--A distribution \n to an organization described in section 170(c) \n shall be treated as a qualified charitable \n distribution only if a deduction for the entire \n distribution would be allowable under section \n 170 (determined without regard to subsection \n (b) thereof and this paragraph).\n ``(ii) Split-interest gifts.--A \n distribution to a split-interest entity shall \n be treated as a qualified charitable \n distribution only if a deduction for the entire \n value of the interest in the distribution for \n the use of an organization described in section \n 170(c) would be allowable under section 170 \n (determined without regard to subsection (b) \n thereof and this paragraph).\n ``(D) Application of section 72.--Notwithstanding \n section 72, in determining the extent to which a \n distribution is a qualified charitable distribution, \n the entire amount of the distribution shall be treated \n as includible in gross income without regard to \n subparagraph (A) to the extent that such amount does \n not exceed the aggregate amount which would have been \n so includible if all amounts in all individual \n retirement plans of the individual were distributed \n during the taxable year and all such plans were treated \n as 1 contract for purposes of determining under section \n 72 the aggregate amount which would have been so \n includible. Proper adjustments shall be made in \n applying section 72 to other distributions in such \n taxable year and subsequent taxable years.\n ``(E) Special rules for split-interest entities.--\n ``(i) Charitable remainder trusts.--\n Notwithstanding section 664(b), distributions \n made from a trust described in subparagraph \n (G)(i) shall be treated as ordinary income in \n the hands of the beneficiary to whom is paid \n the annuity described in section 664(d)(1)(A) \n or the payment described in section \n 664(d)(2)(A).\n ``(ii) Pooled income funds.--No amount \n shall be includible in the gross income of a \n pooled income fund (as defined in subparagraph \n (G)(ii)) by reason of a qualified charitable \n distribution to such fund, and all \n distributions from the fund which are \n attributable to qualified charitable \n distributions shall be treated as ordinary \n income to the beneficiary.\n ``(iii) Charitable gift annuities.--\n Qualified charitable distributions made for a \n charitable gift annuity shall not be treated as \n an investment in the contract.\n ``(F) Denial of deduction.--Qualified charitable \n distributions shall not be taken into account in \n determining the deduction under section 170.\n ``(G) Split-interest entity defined.--For purposes \n of this paragraph, the term `split-interest entity' \n means--\n ``(i) a charitable remainder annuity trust \n or a charitable remainder unitrust (as such \n terms are defined in section 664(d)) which must \n be funded exclusively by qualified charitable \n distributions,\n ``(ii) a pooled income fund (as defined in \n section 642(c)(5)), but only if the fund \n accounts separately for amounts attributable to \n qualified charitable distributions, and\n ``(iii) a charitable gift annuity (as \n defined in section 501(m)(5)).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto distributions made in taxable years beginning after December 31, \n2008.","summary":"Public Good IRA Rollover Act of 2009 - Amends the Internal Revenue Code to revise the tax exclusion of distributions from individual retirement accounts (IRAs) for charitable purposes to: (1) make such exclusion permanent, (2) eliminate the $100,000 cap on such exclusion, (3) permit tax-free distributions from IRAs to a split-interest entity. And (4) allow distributions to a split-interest entity to be made when the account beneficiary attains age 59-12 .","title":"A bill to amend the Internal Revenue Code of 1986 to expand tax-free distributions from individual retirement accounts for charitable purposes.","text_len":7392,"sum_len":459} {"bill_id":"107_hr2710","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Asset Management Improvement \nAct of 2001''.\n\n TITLE I--IMPROVED PROPERTY MANAGEMENT\n\nSEC. 101. PERFORMANCE MEASUREMENT.\n\n (a) Performance Measures Required.--\n (1) In general.--The Administrator, in consultation with \n the heads of executive agencies, shall establish performance \n measures to determine the effectiveness of Federal property \n management. The performance measures shall be designed to--\n (A) enable the Congress and heads of executive \n agencies to track progress in the achievement of \n property management objectives on a governmentwide \n basis; and\n (B) allow for comparing the performance of \n executive agencies against industry and other public \n sector agencies in terms of performance.\n (2) Use of existing data and data collection tools.--In \n developing and implementing the performance measures, the \n Administrator shall use existing data sources and automated \n data collection tools to the maximum extent practical.\n (b) Executive Agencies.--The head of each executive agency shall--\n (1) monitor the performance of the agency against the \n performance measures established under subsection (a); and\n (2) report the results of such monitoring to the Congress \n in the agency's budget submission under section 1105 of title \n 31, United States Code.\n (c) Management Plan.--Within 90 days after the date of the \nenactment of this Act, the Administrator of General Services shall \nsubmit to the Congress a program management plan describing--\n (1) how the program established by this Act will be \n implemented;\n (2) individuals who will exercise operational authority \n over the program;\n (3) the qualifications of such individuals; and\n (4) a timeline for implementation of the program.\n\n TITLE II--PUBLIC-PRIVATE PARTNERSHIPS\n\nSEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY.\n\n Title II of the Federal Property and Administrative Services Act of \n1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the \nfollowing:\n ``Sec. 213. (a) The Administrator may enter into agreements for the \ncreation of one or more public-private partnerships with a \nnongovernmental person, the purpose of which shall be (1) to lease \nFederal real property under the terms of subsection (c), and (2) to \ndevelop, rehabilitate, or renovate facilities on such leased property \nfor the use, in whole or part, by executive agencies. The public-\nprivate partnership may be a limited liability company, limited \npartnership, corporation, business trust, or other form of entity, as \nthe Administrator may designate. The nongovernmental person shall \nexercise control of the management of the public-private partnership, \nand shall hold a majority interest in ownership and profits of the \npublic-private partnership.\n ``(b) Each agreement entered into pursuant to this section--\n ``(1) shall have as its primary purpose the enhancement of \n the functional and economic efficiency of Federal real \n property;\n ``(2) shall be negotiated pursuant to such procedures as \n the Administrator considers necessary to promote competition \n and protect the public interest;\n ``(3) shall provide a lease option to the United States to \n occupy space in the facilities acquired, constructed, or \n rehabilitated by the public-private partnership, but shall not \n guarantee occupancy by the United States;\n ``(4) shall describe the consideration, duties, and \n responsibilities for which the United States and the \n nongovernmental person are responsible and may provide for the \n alteration, repair, or improvement of the real property as part \n or all of the consideration of the nongovernmental person, \n notwithstanding any provision of law, including the Act of June \n 30, 1932 (chapter 314; 40 U.S.C. 303b);\n ``(5) shall provide--\n ``(A) that the United States shall not be liable \n for any actions, debts, or liability of any person \n created by such agreement; and\n ``(B) that no person is authorized by the agreement \n to execute any instrument or document creating or \n evidencing any indebtedness unless such instrument or \n document specifically disclaims any liability of the \n United States under the instrument or document; and\n ``(6) shall provide that the leasehold interests of the \n United States are senior to that of any lender to the \n nongovernmental person.\nParagraph (6) shall not impair the ability of a public-private \npartnership to pledge as collateral its leasehold interest under a \nlease with the United States entered into pursuant to the terms of \nsubsection (c).\n ``(c)(1) Notwithstanding any other provision of law, including \nsections 202 and 203 of this Act, the Administrator may lease real \nproperty to a public-private partnership created under this section in \nfurtherance of agreements under subsection (a).\n ``(2) Master leases under this subsection may be for such period as \nthe Administrator determines appropriate.\n ``(3) The Administrator may dispose of equity interest controlled \nby the United States in any public-private partnership created under \nthis section whenever determined by the Administrator to be beneficial \nto the United States, if the Administrator receives the estimated fair \nmarket value of such interests. Proceeds from such disposal shall be \ndeposited into the fund created by section 210(f).\n ``(4) Real property leased under this subsection shall not be \nconsidered unutilized or underutilized for purposes of section 501 of \nthe Stewart B. McKinney Homeless Assistance Act and may be leased under \nthis subsection without regard to any other provision of law.\n ``(d) Notwithstanding any other provision of law, the \nAdministrator, or his or her designee, may provide services to a \npublic-private partnership created under this section on such terms as \nthe Administrator considers appropriate.\n ``(e)(1) Notwithstanding any other provision of law, the \nAdministrator may retain and use any revenues derived from agreements \nentered into under this section for the physical improvement of Federal \nreal property.\n ``(2) At the discretion of the Administrator, revenues from master \nleases authorized by this section shall be deposited into the fund \nestablished by section 210(f), or deposited into the general fund of \nthe Treasury as miscellaneous receipts.\n ``(3) Net revenues received by the Administrator from public-\nprivate partnerships created under this section, other than proceeds \nfrom master leases of real property, shall be deposited in the fund \nestablished by section 210(f).\n ``(f) Upon request of the head of an executive agency, the \nAdministrator shall delegate to the head of the executive agency \nauthority of the Administrator under subsections (a) through (e).\n ``(g) The Administrator shall prepare and transmit to the Congress \na business plan regarding each agreement with a nongovernmental person \nunder this section not later than 30 days before the date on which the \nAdministrator enters into the agreement. The business plan shall \nidentify the property that the Administrator proposes to make available \nunder the agreement, an explanation of the agreement, the name, \nresources, and qualifications of the nongovernmental person, the \nfactors in support of the proposed project, and performance measures by \nwhich the proposed project will be measured.\n ``(h) The Administrator shall describe, in the budget submitted by \nthe President pursuant to section 1105 of title 31, United States Code, \nthe projected economic performance, including expenditures and \nreceipts, arising from agreements entered into pursuant this section.\n ``(i) In this section:\n ``(1) The term `nongovernmental person' means a person that \n is not an executive agency.\n ``(2) The term `master lease' means a conveyance of Federal \n real property to a public-private partnership created under \n this section through a lease entered into by the Administrator \n with the public-private partnership.''.\n\nSEC. 202. REPORTS.\n\n (a) Office of the Administrator.--Not later than 5 years after the \ndate of enactment of this Act, the Administrator of General Services \nshall submit to the Congress a report on the use by executive agencies \nof the authorities provided by this Act. The report shall--\n (1) assess the effectiveness of the authority to enter into \n agreements to enhance the value of the properties subject to \n the agreements; and\n (2) review the performance measures included in the \n explanatory statements submitted pursuant to section 201.\n (b) Report of the Comptroller General.--Not later than 5 years \nafter the date of enactment of this Act, the Comptroller General of the \nUnited States shall submit to the Congress a report on the use by \nexecutive agencies of the authorities provided by this Act.","summary":"Federal Asset Management Improvement Act of 2001 - Directs the: (1) Administrator of General Services to establish performance measures to determine the effectiveness of Federal property management. (2) head of each executive agency to monitor their agency's performance against such measures and report results to Congress. And (3) Administrator to submit to Congress a Federal property management plan. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property. And (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.","title":"To authorize public-private partnerships to rehabilitate Federal real property, and for other purposes.","text_len":9526,"sum_len":886} {"bill_id":"106_hr950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Beaches Environmental Assessment, \nClosure, and Health Act of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) the Nation's beaches and coastal recreation waters are \n valuable public resources used for recreation by millions of \n people annually;\n (2) the beaches of coastal States are hosts to many out-of-\n State and international visitors;\n (3) tourism in the coastal zone generates billions of \n dollars annually;\n (4) increased population and urbanization of the watershed \n have contributed to the decline in the environmental quality of \n coastal waters;\n (5) pollution in coastal waters is not restricted by State \n and other political boundaries;\n (6) coastal States have different methods of testing, and \n parameters for evaluating, the quality of coastal recreation \n waters, providing varying degrees of protection to the public;\n (7) the adoption of consistent criteria by coastal States \n for monitoring and evaluating the quality of coastal recreation \n waters, and the posting of signs at beaches notifying the \n public during periods when the standards are exceeded, would \n enhance public health and safety; and\n (8) while the adoption of such criteria will enhance public \n health and safety, exceedances of such criteria should be \n addressed (for example, as part of a watershed approach to \n effectively identify and eliminate sources of pollution).\n (b) Purpose.--The purpose of this Act is to require uniform \ncriteria and procedures for testing, monitoring, and notifying users of \nthose coastal recreation waters and beaches open for use by the public \nin order to protect public safety and improve environmental quality.\n\nSEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY.\n\n The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is \namended by adding at the end the following:\n\n ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY\n\n``SEC. 701. DEFINITIONS.\n\n ``In this title, the following definitions apply:\n ``(1) Coastal recreation waters.--The term `coastal \n recreation waters' means waters adjacent to public beaches of \n the Great Lakes and other marine coastal waters (including \n bays, lagoon mouths, and coastal estuaries within the tidal \n zone) used by the public for swimming, bathing, surfing, or \n other similar water contact activities.\n ``(2) Floatable materials.--The term `floatable materials' \n means any foreign matter that may float or remain suspended in \n the water column and includes plastic, aluminum cans, wood, \n bottles, paper products, and fishing gear.\n\n``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY \n STATES.\n\n ``(a) General Rule.--A State shall adopt water quality criteria for \ncoastal recreation waters which, at a minimum, are consistent with the \ncriteria published by the Administrator under section 304(a)(1) not \nlater than 3\\1\/2\\ years following the date of the enactment of this \ntitle. Such water quality criteria shall be developed and promulgated \nin accordance with the requirements of section 303(c). A State shall \nincorporate such criteria into all appropriate programs into which such \nState would incorporate other water quality criteria adopted under \nsection 303(c) and revise such criteria not later than 3 years \nfollowing the date of publication of revisions by the Administrator \nunder section 703(b).\n ``(b) Failure of States To Adopt.--If a State has not complied with \nsubsection (a) by the last day of the 3\\1\/2\\-year period beginning on \nthe date of the enactment of this title, the water quality criteria \nissued by the Administrator under section 304(a)(1) shall become \napplicable as the water quality criteria for coastal recreational \nwaters for the State, and shall be deemed to have been promulgated by \nthe Administrator pursuant to section 303(c)(4).\n\n``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.\n\n ``(a) Studies.--After consultation with appropriate Federal, State, \nand local officials, including local health officials, and other \ninterested persons, but not later than the last day of the 3-year \nperiod beginning on the date of the enactment of this Act, the \nAdministrator shall conduct, in cooperation with the Under Secretary of \nCommerce for Oceans and Atmosphere, studies to provide additional \ninformation to the current base of knowledge for use in developing--\n ``(1) a more complete list of potential human health risks \n from inhalation, ingestion, or body contact with coastal \n recreation waters, including effects to the upper respiratory \n system;\n ``(2) appropriate and effective indicators for improving \n direct detection of the presence of pathogens that are harmful \n to human health in coastal recreational waters;\n ``(3) appropriate, accurate, and expeditious methods \n (including predictive models) for detecting the presence of \n pathogens, harmful to human health, found in coastal recreation \n waters; and\n ``(4) guidance for the State-to-State application of the \n criteria to be issued under subsection (b) to account for the \n diversity of geographic and aquatic conditions nationwide.\n ``(b) Revised Criteria.--Based on the results of the studies \nconducted under subsection (a), the Administrator, after consultation \nwith appropriate Federal, State, and local officials, including local \nhealth officials, and other interested persons, shall--\n ``(1) issue, within 5 years after the date of the enactment \n of this title, revised water quality criteria for pathogens in \n coastal recreation waters that are harmful to human health, \n including a revised list of indicators and testing methods; and\n ``(2) review and revise such criteria from time to time \n thereafter, but in no event less than once every 5 years.\n\n``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.\n\n ``(a) Monitoring.--Within 18 months after the date of enactment of \nthis title, the Administrator shall publish regulations requiring \nmonitoring by States of those coastal recreation waters and beaches \nopen for use by the public for compliance with applicable water quality \ncriteria and protection of public safety. Monitoring requirements \nestablished pursuant to this subsection shall specify, at a minimum--\n ``(1) available monitoring methods to be used by States;\n ``(2) the frequency and location of monitoring based on--\n ``(A) the periods of recreational use of such \n waters;\n ``(B) the extent and degree of use during such \n periods; and\n ``(C) the proximity of coastal recreation waters to \n known or identified point and nonpoint sources of \n pollution and in relation to storm events;\n ``(3) methods for detecting levels of pathogens that are \n harmful to human health and for identifying short-term \n increases in pathogens that are harmful to human health in \n coastal recreation waters, including in relation to storm \n events; and\n ``(4) conditions and procedures under which discrete areas \n of coastal recreation waters may be exempted by the \n Administrator from the monitoring requirements of this \n subsection, if the Administrator determines that an exemption \n will not impair compliance with the applicable water quality \n criteria for those waters and protection of public safety.\n ``(b) Notification.--\n ``(1) Requirement.--Regulations published pursuant to \n subsection (a) shall require States to provide prompt \n notification to local governments, the public, and the \n Administrator of an exceedance of applicable water quality \n criteria for State coastal recreation waters or the immediate \n likelihood of such an exceedance.\n ``(2) Contents.--Notification pursuant to this subsection \n shall include, at a minimum--\n ``(A) prompt communication of the occurrence, \n nature, extent, location, and substances (including \n pathogens) of such an exceedance, or the immediate \n likelihood of such an exceedance, to a designated \n official of a local government having jurisdiction over \n land adjoining the coastal recreation waters for which \n an exceedance is identified; and\n ``(B) posting of signs for the period during which \n the exceedance continues, sufficient to give notice to \n the public of an exceedance of applicable water quality \n criteria for such waters and the potential risks \n associated with water contact activities in such \n waters.\n ``(c) Review and Revision of Regulations.--The Administrator shall \nreview and revise regulations published pursuant to this section \nperiodically, but in no event less than once every 5 years.\n ``(d) State Implementation.--A State must implement a monitoring \nand notification program that conforms to the regulations issued \npursuant to subsections (a) and (b) not later than 3\\1\/2\\ years after \nthe date of the enactment of this title and revise such program not \nlater than 2 years following the date of publication of revisions by \nthe Administrator under subsection (c).\n ``(e) Delegation of Responsibility.--Not later than 18 months after \nthe date of the enactment of this title, the Administrator shall issue \nguidance establishing core performance measures for testing, \nmonitoring, and notification programs and the delegation of such \nprograms under this section to local government authorities. In the \ncase that such responsibilities are delegated by a State to a local \ngovernment authority, or have been delegated to a local government \nauthority before such date of enactment, in a manner that, at a \nminimum, is consistent with the guidance issued by the Administrator, \nState resources, including grants made under section 706, shall be \nmade available to the delegated authority for the purpose of program \nimplementation.\n ``(f) Floatable Materials Monitoring Procedures.--The Administrator \nshall provide technical assistance to States for the implementation of \nuniform assessment and monitoring procedures for floatable materials in \ncoastal recreation waters and specify the conditions under which the \npresence of floatable material will constitute a threat to public \nhealth and safety.\n ``(g) Occurrence Database.--The Administrator shall establish, \nmaintain, and make available to the public by electronic and other \nmeans--\n ``(1) a national coastal recreation water pollution \n occurrence database, using reliable information, including that \n reported under subsection (b); and\n ``(2) a listing of those communities complying with the \n regulations issued under subsections (a) and (b).\n\n``SEC. 705. REPORT TO CONGRESS.\n\n ``Not later than 4 years after the date of the enactment of this \ntitle, and periodically thereafter, the Administrator shall submit to \nCongress a report including--\n ``(1) recommendations concerning the need for additional \n water quality criteria and other actions needed to improve the \n quality of coastal recreation waters; and\n ``(2) an evaluation of State efforts to implement this \n title.\n\n``SEC. 706. GRANTS TO STATES.\n\n ``(a) Grants.--The Administrator may make grants to States for use \nin fulfilling requirements established pursuant to sections 702 and \n704.\n ``(b) Cost Sharing.--The total amount of grants to a State under \nthis section for a fiscal year shall not exceed 50 percent of the cost \nto the State of implementing requirements established pursuant to \nsections 702 and 704.\n ``(c) Eligible State.--After the last day of the 3\\1\/2\\-year period \nbeginning on the date of the enactment of this title, the Administrator \nmay make a grant to a State under this section only if the State \ndemonstrates to the satisfaction of the Administrator that it is \nimplementing its monitoring and notification program under section 704.\n\n``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to the Administrator--\n ``(1) for use in making grants to States under section 706 \n not more than $9,000,000 for each of fiscal years 2000 through \n 2004; and\n ``(2) for carrying out the other provisions of this title \n not more than $3,000,000 for each of fiscal years 2000 through \n 2004.''.","summary":"Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system. (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters. And (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in such waters. (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. And (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.","title":"Beaches Environmental Assessment, Closure, and Health Act of 1999","text_len":13171,"sum_len":1976} {"bill_id":"112_s1167","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hereditary Hemorrhagic \nTelangiectasia Diagnosis and Treatment Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Hereditary hemorrhagic telangiectasia (``HHT'') is a \n largely undiagnosed or misdiagnosed vascular genetic bleeding \n disorder that causes abnormalities of the blood vessels. A \n person with HHT has the tendency to form blood vessels that \n lack the capillaries between an artery and vein. HHT can cause \n spontaneous hemorrhage or stroke when brain or lung \n arteriovenous malformations, which are tangled blood vessels, \n rupture unexpectedly in all age groups. In addition to \n hemorrhagic stroke, embolic stroke, and brain abscess occur in \n approximately 30 percent of individuals with HHT caused by \n artery-vein malformations in the lung (due to lack of \n capillaries between the arterial and venous systems which \n prevent or normally filter out clots and bacteria), causing \n disability and sudden premature death.\n (2) One in 5,000 American children and adults suffer from \n HHT.\n (3) Studies have found an increase in morbidity and \n mortality rate for individuals who suffer from HHT.\n (4) Due to the widespread lack of knowledge, accurate \n diagnosis, and appropriate intervention, 90 percent of HHT-\n affected families are at risk for preventable life-threatening \n and disabling medical incidents such as stroke.\n (5) Early detection, screening, and treatment can prevent \n premature deaths, spontaneous hemorrhage, hemorrhagic stroke, \n embolic stroke, brain abscess, and other long-term health care \n complications resulting from HHT.\n (6) HHT is an important health condition with serious \n health consequences which are amenable to early identification \n and diagnosis with suitable tests, and acceptable and available \n treatments in established treatment centers.\n (7) Timely identification and management of HHT cases is an \n important public health objective because it will save lives, \n prevent disability, and reduce direct and indirect health care \n costs expenditures.\n (8) Without a new program for early detection, screening, \n and treatment, 14,000 children and adults who suffer from HHT \n in the population today will suffer premature death and \n disability.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to create a federally led and financed \ninitiative for early diagnosis and appropriate treatment of hereditary \nhemorrhagic telangiectasia that will result in the reduction of the \nsuffering of families, prevent premature death and disability, and \nlower health care costs through proven treatment interventions.\n\nSEC. 4. NATIONAL INSTITUTES OF HEALTH.\n\n Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.\n\n ``(a) HHT Initiative.--\n ``(1) Establishment.--The Secretary shall establish and \n implement an HHT initiative to assist in coordinating \n activities to improve early detection, screening, and treatment \n of people who suffer from HHT. Such initiative shall focus on--\n ``(A) advancing research on the causes, diagnosis, \n and treatment of HHT, including through the conduct or \n support of such research; and\n ``(B) increasing physician and public awareness of \n HHT.\n ``(2) Consultation.--In carrying out this subsection, the \n Secretary shall consult with the Director of the National \n Institutes of Health and the Director of the Centers for \n Disease Control and Prevention.\n ``(b) HHT Coordinating Committee.--\n ``(1) Establishment.--Not later than 60 days after the date \n of the enactment of this section, the Secretary, in \n consultation with the Director of the National Institutes of \n Health, shall establish a committee to be known as the HHT \n Coordinating Committee.\n ``(2) Membership.--\n ``(A) In general.--The members of the Committee \n shall be appointed by the Secretary, in consultation \n with the Director of the National Institutes of Health, \n and shall consist of 12 individuals who are experts in \n HHT or arteriovenous malformation (AVM) as follows:\n ``(i) Four representatives of HHT Treatment \n Centers of Excellence designated under section \n 317U(c)(1).\n ``(ii) Four experts in vascular, molecular, \n or basic science.\n ``(iii) Four representatives of the \n National Institutes of Health.\n ``(B) Chair.--The Secretary shall designate the \n Chair of the Committee from among its members.\n ``(C) Interim members.--In place of the 4 members \n otherwise required to be appointed under paragraph \n (2)(A)(i), the Secretary may appoint 4 experts in \n vascular, molecular, or basic science to serve as \n members of the Committee during the period preceding \n designation and establishment of HHT Treatment Centers \n of Excellence under section 317U.\n ``(D) Publication of names.--Not later than 30 days \n after the establishment of the Committee, the Secretary \n shall publish the names of the Chair and members of the \n Committee on the Website of the Department of Health \n and Human Services.\n ``(E) Terms.--The members of the Committee shall \n each be appointed for a 3-year term and, at the end of \n each such term, may be reappointed.\n ``(F) Vacancies.--A vacancy on the Committee shall \n be filled by the Secretary in the same manner in which \n the original appointment was made.\n ``(3) Responsibilities.--The Committee shall develop and \n coordinate implementation of a plan to advance research and \n understanding of HHT by--\n ``(A) conducting or supporting basic, \n translational, and clinical research on HHT across the \n relevant national research institutes, national \n centers, and offices of the National Institutes of \n Health, including the National Heart, Lung, and Blood \n Institute; the National Institute of Neurological \n Disorders and Stroke; the National Institutes of \n Diabetes and Digestive and Kidney Diseases; the Eunice \n Kennedy Shriver National Institute of Child Health and \n Human Development; the National Cancer Institute; and \n the Office of Rare Diseases; and\n ``(B) conducting evaluations and making \n recommendations to the Secretary, the Director of the \n National Institutes of Health, and the Director of the \n National Cancer Institute regarding the prioritization \n and award of National Institutes of Health research \n grants relating to HHT, including with respect to \n grants for--\n ``(i) expand understanding of HHT through \n basic, translational, and clinical research on \n the cause, diagnosis, prevention, control, and \n treatment of HHT;\n ``(ii) training programs on HHT for \n scientists and health professionals; and\n ``(iii) HHT genetic testing research to \n improve the accuracy of genetic testing.\n ``(c) Definitions.--In this section:\n ``(1) The term `Committee' means the HHT Coordinating \n Committee established under subsection (b).\n ``(2) The term `HHT' means hereditary hemorrhagic \n telangiectasia.''.\n\nSEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.\n\n Part B of title III of the Public Health Service Act is amended by \ninserting after section 317T (42 U.S.C. 247b-22) the following:\n\n``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.\n\n ``(a) In General.--With respect to hereditary hemorrhagic \ntelangiectasia (in this section referred to as `HHT'), the Director of \nthe Centers for Disease Control and Prevention (in this section \nreferred to as the `Director') shall carry out the following \nactivities:\n ``(1) The conduct of population screening described in \n subsection (c).\n ``(2) The identification and conduct of investigations to \n further develop and support guidelines for diagnosis of, and \n intervention for, HHT, including cost-benefit studies.\n ``(3) The development of a standardized survey and \n screening tool on family history.\n ``(4) The establishment, in collaboration with a voluntary \n health organization representing HHT families, of an HHT \n resource center within the Centers for Disease Control and \n Prevention to provide comprehensive education on, and \n disseminate information about, HHT to health professionals, \n patients, industry, and the public.\n ``(5) The conduct or support of public awareness programs \n in collaboration with medical, genetic, and professional \n organizations to improve the education of health professionals \n about HHT.\n ``(b) Collaborative Approaches.--The Director shall carry out this \nsection through collaborative approaches within the National Center on \nBirth Defects and Developmental Disabilities and the Division for Heart \nDisease and Stroke Prevention of the Centers for Disease Control and \nPrevention.\n ``(c) Population Screening.--In carrying out population screening \nunder subsection (a)(1), the Director shall--\n ``(1) designate and provide funding for a sufficient number \n of HHT Treatment Centers of Excellence to improve patient \n access to information, treatment, and care by HHT experts;\n ``(2) conduct surveillance through a regional population \n study, supplemented by sentinel health care provider or center \n surveillance, and administrative database analyses as useful to \n accurately identify--\n ``(A) the prevalence of HHT; and\n ``(B) the prevalence of hemorrhagic and embolic \n stroke and brain abscess, resulting from HHT;\n ``(3) include HHT screening questions in the Behavioral \n Risk Factor Surveillance System survey conducted by the Centers \n for Disease Control and Prevention in order to screen a broader \n population and more accurately determine the prevalence of HHT;\n ``(4) disseminate data collected under paragraph (2)(B) to \n the Paul Coverdell National Acute Stroke Registry, to be \n utilized for analyses of natural history of hemorrhagic and \n embolic stroke in HHT, and to develop screening and artery-vein \n malformation treatment guidelines specific to prevention of \n complications from HHT;\n ``(5) develop and implement programs, targeted for \n physicians and health care professional groups likely to be \n accessed by families with HHT, to increase HHT diagnosis and \n treatment rates through the--\n ``(A) establishment of a partnership with HHT \n Treatment Centers of Excellence designated under \n paragraph (1) through the creation of an international \n database of patients assessed at such HHT Treatment \n Centers of Excellence (including with respect to \n phenotype information, genotype information, \n transfusion dependence, and radiological findings);\n ``(B) integration of such database with the \n universal data collection system used by the Centers \n for monitoring hemophilia with the blood disorders and \n the Paul Coverdell National Acute Stroke Registry; and\n ``(C) inclusion of other medical providers who \n treat HHT patients; and\n ``(6) use existing administrative databases on non-HHT \n Treatment Center of Excellence patients to learn about the \n natural history of HHT, the efficacy of various treatment \n modalities, and to better inform and develop screening and \n treatment guidelines associated with improvement in health care \n outcomes, and research priorities relevant to HHT.\n ``(d) Eligibility for Designation as HHT Treatment Center of \nExcellence.--In carrying out subsection (c)(1), the Director may \ndesignate as an HHT Treatment Center of Excellence only academic health \ncenters demonstrating each of the following:\n ``(1) The academic health center possesses a team of \n medical experts capable of providing comprehensive evaluation, \n treatment, and education to individuals with known or suspected \n HHT and their health care providers.\n ``(2) The academic health center has sufficient personnel \n with knowledge about HHT, or formal collaboration with \n partnering organizations for personnel or resources, to be able \n to--\n ``(A) respond in a coordinated, multidisciplinary \n way to patient inquiries; and\n ``(B) coordinate evaluation, treatment, and \n education of patients and their families in a timely \n manner.\n ``(3) The academic health center has the following \n personnel, facilities, and patient volume:\n ``(A) A medical director with--\n ``(i) specialized knowledge of the main \n organ manifestations of HHT; and\n ``(ii) the ability to coordinate the \n multidisciplinary diagnosis and treatment of \n patients referred to the center.\n ``(B) Administrative staff with--\n ``(i) sufficient knowledge to respond to \n patient inquiries and coordinate patient care \n in a timely fashion; and\n ``(ii) adequate financial support to allow \n the staff to commit at least 25 to 50 percent \n of their time on the job to HHT.\n ``(C) An otolaryngologist with experience and \n expertise in the treatment of recurrent epistaxis in \n HHT patients.\n ``(D) An interventional radiologist with experience \n and expertise in the treatment of pulmonary \n arteriovenous malformations (AVM).\n ``(E) A genetic counselor or geneticist with the \n expertise to provide HHT-specific genetic counseling to \n patients and families.\n ``(F) On-site facilities to screen for all major \n organ manifestations of HHT.\n ``(G) A patient volume of at least 25 new HHT \n patients per year.\n ``(H) Established mechanisms to coordinate \n surveillance and outreach with HHT patient advocacy \n organizations.''.\n\nSEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.\n\n With respect to hereditary hemorrhagic telangiectasia (in this sec \nreferred to as ``HHT''), the Secretary of Health and Human Services, \nacting through the Administrator of the Centers for Medicare & Medicaid \nServices, shall award grants on a competitive basis--\n (1) for an analysis by grantees of the Medicare Provider \n Analysis and Review (MEDPAR) file to develop preliminary \n estimates on the total costs to the Medicare program under \n title XVIII of the Social Security Act for items, services, and \n treatments for HHT furnished to individuals with HHT who are \n entitled to benefits under part A of title XVIII of the Social \n Security Act or enrolled under part B of such title; and\n (2) to make recommendations regarding an enhanced data \n collection protocol to permit a more precise determination of \n the total costs described in paragraph (1).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--To carry out section 409K of the Public Health \nService Act as added by section 4 of this Act, section 317U of the \nPublic Health Service Act as added by section 5 of this Act, and \nsection 6 of this Act, there is authorized to be appropriated \n$5,000,000 for each of fiscal years 2012 through 2016.\n (b) Resource Center.--Of the amount authorized to be appropriated \nunder subsection (a) for each of fiscal years 2012 through 2016, \n$1,000,000 shall be for carrying out section 317U(a)(4) of the Public \nHealth Service Act, as added by section 5 of this Act.","summary":"Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT. Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT. Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence. Requires the Administrator of the Centers for Medicare Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT. And (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs.","title":"A bill to amend the Public Health Service Act to improve the diagnosis and treatment of hereditary hemorrhagic telangiectasia, and for other purposes.","text_len":17809,"sum_len":1841} {"bill_id":"103_s1173","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Japan Trade Equalizing \nAct of 1993''.\n\n TITLE I--FINDINGS AND DEFINITIONS\n\nSEC. 101. FINDINGS, PURPOSE, AND DISCLAIMERS.\n\n (a) Findings.--The Congress makes the following findings:\n (1) The United States trade deficit with Japan has \n increased substantially over the past decade. In 1991, the \n United States trade deficit with Japan was $43,400,000,000. The \n trade deficit increased by 14 percent in 1 year, to over \n $49,400,000,000 by the end of 1992.\n (2) The traditional domestic motor vehicle and motor \n vehicle parts sector directly employs more than 1 million \n workers and indirectly employs several million more. The \n workers are skilled, hard working, productive, capable, and \n proud of their work. The workers and their employers have \n achieved great improvements in quality, performance, fuel \n economy, safety, and design of domestic motor vehicles.\n (3) The domestic motor vehicle and motor vehicle parts \n sector directly and indirectly accounts for about 12 percent of \n our gross national product and generates more than \n $200,000,000,000 a year in revenue.\n (4) The domestic motor vehicle and motor vehicle parts \n sector is a major consumer of steel, glass, textiles, rubber, \n aluminum, machine tools, chemicals, electronics, and other \n important products.\n (5) Recognizing the competitive pressures facing the motor \n vehicle industry, Japan has operated under a voluntary export \n restraint arrangement since 1981 that has not been recognized \n or enforced by the United States Government.\n (6) Since 1986 the United States Government has engaged, \n with little result, in a negotiating process with the \n Government of Japan to obtain fair access to the markets of \n that nation for United States producers of motor vehicle parts \n and manufacturers of motor vehicles.\n (7) Despite these negotiating efforts, in 1992 the United \n States posted a $49,400,000,000 trade deficit with Japan of \n which over $30,000,000,000 was accounted for by the automotive \n sector deficit ($9,800,000,000 of which was attributable to \n motor vehicle parts), and there is little evidence that the \n Japanese Government is seriously trying to eliminate such \n deficits which are detrimental to the United States economy and \n jobs.\n (8) In addition to transplant assembly facilities in the \n United States that are owned or controlled by Japanese persons, \n motor vehicles and motor vehicle parts are being imported from \n Japan into the United States in such increased quantities and \n under such conditions as to cause, or threaten to cause, \n serious injury to domestic manufacturers of like or directly \n competitive products and to the domestic workers producing such \n products.\n (9) In the last 5 years, transplant assembly facilities in \n the United States that are owned or controlled by persons from \n Japan have not shifted significantly their procurement to \n traditional United States producers of motor vehicle parts, as \n illustrated by the fact that--\n (A) the United States automotive parts trade \n deficit with Japan grew between 1985 and 1990 at an \n annual average rate of 17 percent and totaled \n $9,800,000,000 in 1992; and\n (B) only 12.5 percent of the customs value of \n vehicles manufactured in such transplant facilities in \n the United States is based on parts produced by \n traditional United States motor vehicle parts \n producers, while 35.1 percent of such value is based on \n imports from Japan and 32.4 percent of such value is \n based on purchases from Japanese-affiliated parts \n producers located in the United States.\n (10) The pattern of procurement described in paragraph (9) \n has contributed significantly to the overall United States \n merchandise trade deficit with Japan.\n (11) The continuation of current procurement practices by \n automobile companies owned or controlled by persons from Japan \n and the increased production of vehicles by transplant \n facilities in the United States is projected to result in a 110 \n percent (or $21,990,000,000) increase in the United States \n motor vehicle parts trade deficit by 1994.\n (12) Aftermarket parts are likely to account for 50 percent \n of the motor vehicle parts trade deficit with Japan by 1994 \n because transplant facilities are not purchasing sufficient \n quantities of original equipment from United States suppliers.\n (13) Traditional United States motor vehicle parts \n manufacturers are particularly underrepresented in the \n production of motor vehicles produced by transplant facilities \n in the United States in the following 3 major, high value-added \n vehicle systems:\n (A) Engines.\n (B) Transmissions.\n (C) Body structures.\n (14) In the 1991 National Trade Estimates Report, the \n United States Trade Representative listed ``close and durable \n relationships'' between Japanese motor vehicle makers and \n suppliers as a barrier to United States motor vehicle parts \n sales in Japan.\n (15) The market share of Japanese motor vehicle \n manufacturers in the European Community is currently 10 percent \n while their market share in the United States is about 35 \n percent.\n (16) The European Community has negotiated an understanding \n with the Government of Japan limiting the market share of motor \n vehicles produced by Japanese motor vehicle manufacturing \n companies both in Japan and in the European Community to less \n than 16 percent until the year 2000.\n (17) The home market for motor vehicles and motor vehicle \n parts in Japan remains largely closed to all foreign \n manufacturers whose combined market share equals no more than 3 \n percent.\n (18) Japan's nontariff market barriers include onerous \n inspection and certification systems that discriminate against \n foreign-made motor vehicles and motor vehicle parts, a tax \n system that discriminates against foreign-made products, closed \n distribution systems and dealer networks, and government-\n tolerated ``Keiretsu'' relationships involving motor vehicle \n and motor vehicle parts manufacturers and dealers. At the same \n time, Japanese firms enjoy open markets in the United States \n with no limitations or discrimination.\n (b) Purpose.--The purpose of this Act is to decrease the \nmerchandise trade deficit of the United States with Japan by providing \nfor a staged merchandise trade deficit reduction over a 5-year period.\n (c) Congressional Disclaimers.--It is the intent of Congress that \nthis Act shall not be deemed to modify or amend the terms or conditions \nof any international treaty, convention, or agreement that may be \napplicable to motor vehicles and motor vehicle parts and to which the \nUnited States, on the date of the enactment of this Act, is a party, \nincluding, but not limited to, the terms or conditions of any such \ntreaty, convention, or agreement which provide for the resolution of \nconflicts between the parties thereto. Nothing in this Act shall be \nconstrued (1) to confer jurisdiction upon any court of the United \nStates to consider and resolve such conflicts, or (2) to alter or amend \nany law existing on the date of the enactment of this Act which may \nconfer such jurisdiction in such courts.\n\nSEC. 102. DEFINITIONS.\n\n For purposes of this Act:\n (1) Motor vehicle and motor vehicle parts.--\n (A) The term ``motor vehicle'' means any article of \n a kind described in heading 8703 or 8704 of the \n Harmonized Tariff Schedule of the United States.\n (B) The term ``motor vehicle parts'' means any \n article of a kind described in the following provisions \n of the Harmonized Tariff Schedule of the United States \n if suitable for use in the manufacture or repair of \n motor vehicles:\n (i) Subheadings 8407.31.00 through \n 8407.34.20 (relating to spark-ignition \n reciprocating or rotary internal combustion \n piston engines).\n (ii) Subheading 8408.20 (relating to the \n compression-ignition internal combustion \n engines).\n (iii) Subheading 8409 (relating to parts \n suitable for use solely or principally with \n engines described in clauses (i) and (ii)).\n (iv) Subheading 8483 (relating to \n transmission shafts and related parts).\n (v) Subheadings 8706.00.10 and 8706.00.15 \n (relating to chassis fitted with engines).\n (vi) Heading 8707 (relating to motor \n vehicle bodies).\n (vii) Heading 8708 (relating to bumpers, \n brakes and servo brakes, gear boxes, drive \n axles, nondriving axles, road wheels, \n suspension shock absorbers, radiators, mufflers \n and exhaust pipes, clutches, steering wheels, \n steering columns, steering boxes, and other \n parts and accessories of motor vehicles).\n The Secretary shall by regulation include as motor \n vehicle parts such other articles (described by \n classification under such Harmonized Tariff Schedule) \n that the Secretary considers appropriate for the \n purposes of this Act.\n (C)(i) The term ``Japanese motor vehicle'' means a \n motor vehicle which is the product of Japan.\n (ii) The term ``Japanese motor vehicle part'' means \n a motor vehicle part which is the product of Japan.\n (2) Entered.--The term ``entered'' means entered, or \n withdrawn from warehouse for consumption, in the customs \n territory of the United States.\n (3) Import restriction implementation period.--The term \n ``import restriction implementation period'' means a calendar \n year which--\n (A) occurs after 1994 and before calendar year \n 2001, and\n (B) follows a calendar year with respect to which \n the Secretary finds, under section 201(b), that the \n trade deficit reduction target was not met.\n (4) Interstate sale.--The term ``interstate sale'' means \n sale or distribution in the interstate commerce of the United \n States.\n (5) Baseline deficit.--(A) The term ``baseline deficit'' \n means the average monthly merchandise trade deficit, as \n computed by the Secretary, of the United States with Japan \n during calendar year 1993.\n (B) In computing merchandise trade deficits under this \n section, the value of bilateral trade between the United States \n and Japan in--\n (i) crude petroleum; and\n (ii) nonmonetary gold;\n shall not be included.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (7) Trade representative.--The term ``Trade \n Representative'' means the United States Trade Representative.\n\n TITLE II--MERCHANDISE TRADE DEFICIT REDUCTION\n\nSEC. 201. STAGED TRADE DEFICIT REDUCTION.\n\n (a) Trade Deficit Reduction Targets.--\n (1) In general.--The trade deficit reduction target for \n each of the calendar years listed below is an average monthly \n merchandise trade deficit of the United States with Japan \n during such year that does not exceed an amount that equals the \n applicable percentage of the baseline deficit that appears \n opposite such year:\n\nCalendar year Applicable percentage of baseline \n deficit\n 1994.......................................... 80 percent\n 1995.......................................... 60 percent\n 1996.......................................... 40 percent\n 1997.......................................... 20 percent\n 1998.......................................... 0 percent\n (2) Special rule for 1998.--For calendar year 1998, the 0 \n percent trade deficit reduction target shall be treated as \n having been met if the merchandise trade deficit of the United \n States with Japan during such year does not exceed--\n (A) an amount equal to 5 percent of the value of \n the aggregate bilateral merchandise trade between the \n United States and Japan during such year; or\n (B) $5,000,000,000.\n (b) Computations.--\n (1) In general.--Not later than January 1 following each \n calendar year listed in subsection (a)(1), the Secretary shall \n compute whether the trade deficit reduction target for such \n year was met.\n (2) Announcement of import restriction implementation \n period.--If the Secretary finds under paragraph (1) that the \n trade deficit reduction target specified under subsection (a) \n for a calendar year was not met, the Secretary shall announce, \n by publication in the Federal Register, that the import \n restriction implementation period is in effect beginning on \n January 1 of the year after the year to which the finding \n applies.\n\nSEC. 202. COMPUTATION OF IMPORT RESTRICTIONS IF TRADE DEFICIT REDUCTION \n TARGET NOT MET.\n\n (a) In General.--On January 1 of the first calendar year (and each \ncalendar year thereafter) for which an import restriction \nimplementation period is in effect, the Secretary shall compute and \npublish in the Federal Register the quantitative import restrictions \nfor such calendar year.\n (b) Computation.--\n (1) In general.--For purposes of subsection (a), the term \n ``quantitative import restrictions'' means the aggregate \n quantity of Japanese motor vehicles and the aggregate quantity \n of Japanese motor vehicle parts that may be entered into the \n United States (in accordance with paragraph (2) or (3)) for a \n calendar year described in subsection (a).\n (2) First year restrictions.--The aggregate quantity of \n Japanese motor vehicles and Japanese motor vehicle parts that \n may be entered into the United States, during the first \n calendar year for which an import restriction implementation \n period is in effect, may not exceed the aggregate quantity of \n such motor vehicles and the aggregate quantity of such motor \n vehicle parts entered into the United States during 1993, \n reduced by 20 percent.\n (3) Subsequent years.--In the case of any calendar year for \n which an import restriction period is in effect after the first \n such calendar year, the aggregate quantity of Japanese motor \n vehicles and Japanese motor vehicle parts that may be entered \n into the United States shall not exceed the amount of such \n motor vehicles and motor vehicle parts entered during the most \n recent preceding calendar year for which an import restriction \n implementation period was in effect, reduced by 20 percent.\n (4) Administration.--In order to prevent import surging or \n to otherwise ensure the efficient administration of this Act, \n the Secretary may impose temporary quantitative import \n restrictions on Japanese motor vehicles and Japanese motor \n vehicle parts entered during the first 3 months of a calendar \n year in an import restriction implementation period.\n\nSEC. 203. REPORTS.\n\n Within 30 days after a computation is made under section 201 or 202 \nwith respect to a calendar year, the Secretary shall submit to the \nCongress a report setting forth the bases of the computation.\n\nSEC. 204. SENSE OF CONGRESS REGARDING ACHIEVEMENT OF MERCHANDISE TRADE \n DEFICIT REDUCTION TARGETS.\n\n It is the sense of the Congress that representatives of the United \nStates and Japanese Governments should undertake continuing discussions \nregarding the means and measures, to be selected by the Japanese \nGovernment, to achieve the merchandise trade deficit reduction targets \nrequired under section 201(a). During the discussions, the Trade \nRepresentative should particularly address market access priorities for \nUnited States exports to Japan.","summary":"TABLE OF CONTENTS: Title I: Findings and Definitions Title II: Merchandise Trade Deficit Reduction United States-Japan Trade Equalizing Act of 1993 - Title I: Findings and Definitions - Sets forth congressional findings and purposes with respect to access to Japanese markets by US manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce to: (1) compute annually whether the target has been met for each year. (2) publish in the Federal Register that the import restriction implementation period is in effect for the year following the year a target has not been met. And (3) compute annually and publish in the Federal Register the quantitative import restrictions for years in which import restrictions are effective. Prohibits the quantity of Japanese motor vehicles and parts that may be entered into the United States in: (1) the first year in which a restriction is in effect from exceeding the quantity of such vehicles and parts entered during 1993, reduced by 20 percent. And (2) subsequent years from exceeding the quantity entered during the most recent year for which a restriction was in effect, reduced by 20 percent. Authorizes the Secretary to impose temporary quantitative import restrictions on such motor vehicles and parts during the first three months of an import restriction implementation period in order to prevent surging. Expresses the sense of the Congress that representatives of the US and Japanese Governments should undertake continuing discussions regarding the measures to be selected by the Japanese Government to achieve the merchandise trade deficit reduction targets.","title":"United States-Japan Trade Equalizing Act of 1993","text_len":17787,"sum_len":1813} {"bill_id":"115_hr2500","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Executive Appointee Ethics \nImprovement Act''.\n\nSEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18.\n\n (a) Extension of Post-Employment Ban on Lobbying for Certain Former \nGovernment Employees.--Section 207 of title 18, United States Code, is \namended--\n (1) in subsection (c)--\n (A) in the subsection heading, by striking ``One-\n year'' and inserting ``Two-Year'';\n (B) in paragraph (1)--\n (i) by striking ``within 1 year after'' and \n inserting ``within 2 years after''; and\n (ii) by striking ``within 1 year before \n such termination''; and\n (C) in paragraph (2), by adding at the end the \n following:\n ``(D) Not later than 30 days after a waiver is granted \n under subparagraph (C), the waiver shall be published in the \n Federal Register and accompanied by a signed statement by the \n Director of the Office of Government Ethics describing in \n detail the reasons for providing such waiver unless such a \n description would compromise national security.'';\n (2) in subsection (d)(1), in the matter following \n subparagraph (C), by striking ``within 2 years'' and inserting \n ``within 5 years''; and\n (3) in subsection (d)(2)(A), by striking ``in such \n position'' and all that follows through ``terminated''.\n (b) Lifetime Ban on Representation of Foreign Entities for Certain \nHigh-Level Former Employees.--Section 207(f) of such title is amended--\n (1) in paragraph (1), by inserting ``(or, in the case of an \n individual described in paragraph (2), at any time)'' after \n ``within 1 year'';\n (2) in paragraph (2), by striking ``paragraph (1)'' and \n inserting ``paragraphs (1) and (2)'';\n (3) by redesignating paragraphs (2) and (3) as paragraphs \n (3) and (4); and\n (4) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) Description of individuals subject to lifetime ban.--\n An individual described in this paragraph is any individual who \n was--\n ``(A) employed in a position described under \n sections 5312 through 5316 of title 5, United States \n Code (relating to the Executive Schedule);\n ``(B) a limited term appointee, limited emergency \n appointee, or noncareer appointee in the Senior \n Executive Service, as defined under paragraphs (5), \n (6), and (7), respectively, of section 3132(a) of title \n 5, United States Code; or\n ``(C) employed in a position of a confidential or \n policy-determining character under schedule C of \n subpart C of part 213 of title 5 of the Code of Federal \n Regulations.''.\n\nSEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS \n EMPLOYMENT.\n\n (a) In General.--Chapter 11 of title 18, United States Code, is \namended by inserting after section 219 the following new section:\n``Sec. 220. Prohibition on participation in matter relating to previous \n employment\n ``(a) During the 2-year period beginning on the date an individual \nis appointed to a covered position at an agency, any such individual \nwho has not received a waiver under subsection (b)--\n ``(1) who participates in any particular matter involving \n specific parties that is directly and substantially related to \n the individual's former employer or former clients, or\n ``(2) with respect to any such individual who was a \n registered lobbyist under the Lobbying Disclosure Act of 1995, \n or who was not a registered lobbyist under such Act but who \n engaged in lobbying activity as defined in subsection (c), \n during the 2-year period preceding the date of such \n appointment, who--\n ``(A) participates in any particular matter on \n which the individual made a lobbying contact (in the \n case of a registered lobbyist under such Act), or \n engaged in such activity, during such 2-year period,\n ``(B) participates in the specific issue area in \n which such particular matter falls, or\n ``(C) seeks or accepts employment with any agency \n with respect to which the individual made a lobbying \n contact (in the case of a registered lobbyist under \n such Act), or engaged in such activity, during such 2-\n year period,\nshall be punished as provided in section 216 of this title.\n ``(b)(1) The Director of the Office of Management and Budget, in \nconsultation with the Counsel to the President, may waive the \nrequirements of subsection (a) with respect to any individual covered \nby such subsection if the Director certifies, in writing, to the \nCommittee on Oversight and Government Reform of the House of \nRepresentatives, the Committee on Homeland Security and Governmental \nAffairs of the Senate, and the appropriate congressional committees of \njurisdiction, that it is in the public interest to grant the waiver.\n ``(2) For purposes of carrying out paragraph (1)--\n ``(A) the public interest includes exigent circumstances \n relating to public health, public safety, or national security;\n ``(B) de minimis contact with an agency shall be cause for \n a waiver of subsection (a)(2); and\n ``(C) any waiver shall take effect when the certification \n is published in the Federal Register, accompanied by a signed \n statement by the Director describing in detail the reasons for \n providing the waiver unless such a description would compromise \n national security.\n ``(c)(1) In this section, the term `lobbying activity' means, with \nrespect to an individual, knowingly making, with the intent to \ninfluence, any communication to or appearance before any officer or \nemployee of the Federal Government on behalf of another person as an \nemployee of a lobbying firm or lobbying organization, in connection \nwith any matter on which such person seeks official action by such \nofficer or employee of the Federal Government. The previous sentence \napplies only with respect to an individual who spends greater than 20% \nof the individual's time as an employee of a lobbying firm or lobbying \norganization engaged in such lobbying activity.\n ``(2) In paragraph (1), the term `lobbying firm' means any firm, \ncorporation, or limited liability company in which--\n ``(A) employees of the firm in the aggregate make 2 or more \n lobbying contacts at any time on behalf of a particular client; \n and\n ``(B) the firm receives or expects to receive from a \n particular client for matters related to lobbying activities at \n least the amount specified in section 4(a)(3)(A) of the \n Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the \n quarterly period during which registration would be made under \n such Act.\n ``(3) In paragraph (1), the term `lobbying organization' includes \nany organization in which--\n ``(A) employees of the firm in the aggregate make 2 or more \n lobbying contacts at any time on its behalf; and\n ``(B) the organization expends in connection with lobbying \n activities at least the amount specified in section 4(a)(3)(B) \n of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) \n in the quarterly period during which registration would be made \n under such Act.\n ``(4) In this subsection, the term `employee' has the meaning given \nsuch term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 \nU.S.C. 1602(5)).\n ``(d) In this section, the following definitions apply:\n ``(1) The term `agency' means an `Executive agency' (as \n that term is defined in section 105 of title 5), the Executive \n Office of the President, the United States Postal Service, and \n the Postal Regulatory Commission, but does not include the \n Government Accountability Office.\n ``(2) The term `covered position'--\n ``(A) means any--\n ``(i) full-time, non-career position which \n requires appointment by the President or Vice-\n President;\n ``(ii) non-career position within the \n Senior Executive Service or other SES-type \n system; or\n ``(iii) position that has been excepted \n from the competitive service by reason of being \n of a confidential or policymaking character, \n including positions under schedule C of subpart \n C of part 213 of title 5 of the Code of Federal \n Regulations; and\n ``(B) does not include any individual appointed as \n a member of the Senior Foreign Service or solely as a \n uniformed service commissioned officer.\n ``(3) The term `directly and substantially related to \n former employer or former clients' means matters in which the \n individual's former employer or a former client is a party or \n represents a party.\n ``(4) The term `former client' means any person for whom \n the individual served personally as agent, attorney, or \n consultant, but does include instances where the service \n provided was limited to a speech or similar appearance or \n clients of the individual's former employer to whom the \n individual did not personally provide services.\n ``(5) The term `former employer' means any person for whom \n the individual has within the 2 years prior to the date of \n appointment served as an employee, officer, director, trustee, \n or general partner, but does not include any agency or other \n entity of the Federal Government, Native American tribe, or any \n United States territory or possession.\n ``(6) The term `lobbying contact' has the meaning given \n such term in section 3(8) of the Lobbying Disclosure Act of \n 1995 (2 U.S.C. 1602(8)).\n ``(7) The term `particular matter' has the meaning given \n that term in section 207 and section 2635.402(b)(3) of title 5, \n Code of Federal Regulations, or any successor regulation.\n ``(8) The term `participate' means to participate \n personally and substantially.\n ``(9) The term `particular matter involving specific \n parties' has the meaning as set forth in section 2641.201(h) of \n title 5, Code of Federal Regulations, or any successor \n regulation, except that it shall also include any meeting or \n other communication relating to the performance of an \n individual's official duties with a former employer or former \n client, unless the communication applies to a particular matter \n of general applicability and participation in the meeting or \n other event is open to all interested parties.''.\n (b) Clerical Amendment.--The table of sections of chapter 11 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 219 the following new item:\n\n``220. Prohibition on participation in matter relating to previous \n employment.''.\n (c) Application.--The amendments made after subsection (a) shall \napply to any individual appointed to a covered position (as that term \nis defined in section 220(d)(2) of title 18, United States Code, as \nadded by such subsection) after the date of enactment of this Act.","summary":"Executive Appointee Ethics Improvement Act This bill lengthens from one to two years the ban on certain senior personnel of the executive branch and independent agencies from lobbying the department or agency in which the person served. If the Director of the Office of Government Ethics decides to waive this restriction, such decision shall be published in the Federal Register unless it would compromise national security. The bill lengthens from two to five years the ban on certain very senior personnel of the executive branch and independent agencies, including the Vice President, from lobbying any office or employee of any department or agency in which such person served. Certain high-level employees of the executive branch are subject to a lifetime ban on knowingly representing a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee. During a two-year period beginning on the date an individual is appointed to a covered position, such individual is banned from participating in any matter involving specific parties that is directly related to the individual's former employer or former clients. Additionally, any individual who was a registered lobbyist or who engaged in lobbying activities during a two-year period prior to appointment is prohibited from participating in any particular matter on which the individual made a lobbying contact or participating in the specific issue area in which the matter falls. The Office of Management and Budget (OMB) may waive these requirements if OMB certifies in writing to various congressional committees that it is in the public interest to grant the waiver.","title":"Executive Appointee Ethics Improvement Act","text_len":12247,"sum_len":1730} {"bill_id":"109_s1022","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Resource Efficient Appliance \nIncentives Act of 2005.''.\n\nSEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45J. ENERGY EFFICIENT APPLIANCE CREDIT.\n\n ``(a) General Rule.--\n ``(1) In general.--For purposes of section 38, the energy \n efficient appliance credit determined under this section for \n any taxable year is an amount equal to the sum of the credit \n amounts determined under paragraph (2) for each type of \n qualified energy efficient appliance produced by the taxpayer \n during the calendar year ending with or within the taxable \n year.\n ``(2) Credit amounts.--The credit amount determined for any \n type of qualified energy efficient appliance is--\n ``(A) the applicable amount determined under \n subsection (b) with respect to such type, multiplied by\n ``(B) the eligible production for such type.\n ``(b) Applicable Amount.--\n ``(1) In general.--For purposes of subsection (a)--\n ``(A) Dishwashers.--The applicable amount is the \n energy savings amount in the case of a dishwasher \n which--\n ``(i) is manufactured in calendar year 2006 \n or 2007, and\n ``(ii) meets the requirements of the Energy \n Star program which are in effect for \n dishwashers in 2007.\n ``(B) Clothes washers.--The applicable amount is--\n ``(i) $50, in the case of a clothes washer \n which--\n ``(I) is manufactured in calendar \n year 2005, and\n ``(II) has an MEF of at least 1.42,\n ``(ii) $100, in the case of a clothes \n washer which--\n ``(I) is manufactured in calendar \n year 2005, 2006, or 2007, and\n ``(II) meets the requirements of \n the Energy Star program which are in \n effect for clothes washers in 2007, and\n ``(iii) the energy and water savings \n amount, in the case of a clothes washer which--\n ``(I) is manufactured in calendar \n year 2008, 2009, or 2010, and\n ``(II) meets the requirements of \n the Energy Star program which are in \n effect for clothes washers in 2010.\n ``(C) Refrigerators.--\n ``(i) 15 percent savings.--The applicable \n amount is $75 in the case of a refrigerator \n which--\n ``(I) is manufactured in calendar \n year 2005 or 2006, and\n ``(II) consumes at least 15 percent \n less kilowatt hours per year than the \n 2001 energy conservation standard.\n ``(ii) 20 percent savings.--In the case of \n a refrigerator which consumes at least 20 \n percent less kilowatt hours per year than the \n 2001 energy conservation standards, the \n applicable amount is--\n ``(I) $125 for a refrigerator which \n is manufactured in calendar year 2005, \n 2006, or 2007, and\n ``(II) $100 for a refrigerator \n which is manufactured in calendar year \n 2008.\n ``(iii) 25 percent savings.--In the case of \n a refrigerator which consumes at least 25 \n percent less kilowatt hours per year than the \n 2001 energy conservation standards, the \n applicable amount is--\n ``(I) $175 for a refrigerator which \n is manufactured in calendar year 2005, \n 2006, or 2007, and\n ``(II) $150 for a refrigerator \n which is manufactured in calendar year \n 2008, 2009, or 2010.\n ``(2) Energy savings amount.--For purposes of paragraph \n (1)(A)--\n ``(A) In general.--The energy savings amount is the \n lesser of--\n ``(i) the product of--\n ``(I) $3, and\n ``(II) 100 multiplied by the energy \n savings percentage, or\n ``(ii) $100.\n ``(B) Energy savings percentage.--For purposes of \n subparagraph (A), the energy savings percentage is the \n ratio of--\n ``(i) the EF required by the Energy Star \n program for dishwashers in 2007 minus the EF \n required by the Energy Star program for \n dishwashers in 2005, to\n ``(ii) the EF required by the Energy Star \n program for dishwashers in 2007.\n ``(3) Energy and water savings amount.--For purposes of \n paragraph (1)(B)(iii)--\n ``(A) In general.--The energy and water savings \n amount is the lesser of--\n ``(i) the product of--\n ``(I) $10, and\n ``(II) 100 multiplied by the energy \n and water savings percentage, or\n ``(ii) $200.\n ``(B) Energy and water savings percentage.--For \n purposes of subparagraph (A), the energy and water \n savings percentage is the average of the MEF savings \n percentage and the WF savings percentage.\n ``(C) MEF savings percentage.--For purposes of this \n subparagraph, the MEF savings percentage is the ratio \n of--\n ``(i) the MEF required by the Energy Star \n program for clothes washers in 2010 minus the \n MEF required by the Energy Star program for \n clothes washers in 2007, to\n ``(ii) the MEF required by the Energy Star \n program for clothes washers in 2010.\n ``(D) WF savings percentage.--For purposes of this \n subparagraph, the WF savings percentage is the ratio \n of--\n ``(i) the WF required by the Energy Star \n program for clothes washers in 2010 minus the \n WF required by the Energy Star program for \n clothes washers in 2007, to\n ``(ii) the WF required by the Energy Star \n program for clothes washers in 2010.\n ``(c) Eligible Production.--\n ``(1) In general.--Except as provided in paragraphs (2) and \n (3), the eligible production in a calendar year with respect to \n each type of energy efficient appliance is the excess of--\n ``(A) the number of appliances of such type which \n are produced by the taxpayer in the United States \n during such calendar year, over\n ``(B) the average number of appliances of such type \n which were produced by the taxpayer (or any \n predecessor) in the United States during the preceding \n 3-calendar year period.\n ``(2) Special rule for refrigerators.--The eligible \n production in a calendar year with respect to each type of \n refrigerator described in subsection (b)(1)(C) is the excess \n of--\n ``(A) the number of appliances of such type which \n are produced by the taxpayer in the United States \n during such calendar year, over\n ``(B) 110 percent of the average number of \n appliances of such type which were produced by the \n taxpayer (or any predecessor) in the United States \n during the preceding 3-calendar year period.\n ``(3) Special rule for 2005 production.--For purposes of \n determining eligible production for calendar year 2005--\n ``(A) only production after the date of enactment \n of this section shall be taken into account under \n paragraphs (1)(A) and (2)(A), and\n ``(B) the amount taken into account under \n paragraphs (1)(B) and (2)(B) shall be an amount which \n bears the same ratio to the amount which would (but for \n this paragraph) be taken into account under such \n paragraph as--\n ``(i) the number of days in calendar year \n 2005 after the date of enactment of this \n section, bears to\n ``(ii) 365.\n ``(d) Types of Energy Efficient Appliance.--For purposes of this \nsection, the types of energy efficient appliances are--\n ``(1) dishwashers described in subsection (b)(1)(A),\n ``(2) clothes washers described in subsection (b)(1)(B)(i),\n ``(3) clothes washers described in subsection \n (b)(1)(B)(ii),\n ``(4) clothes washers described in subsection \n (b)(1)(B)(iii),\n ``(5) refrigerators described in subsection (b)(1)(C)(i),\n ``(6) refrigerators described in subsection \n (b)(1)(C)(ii)(I),\n ``(7) refrigerators described in subsection \n (b)(1)(C)(ii)(II),\n ``(8) refrigerators described in subsection \n (b)(1)(C)(iii)(I), and\n ``(9) refrigerators described in subsection \n (b)(1)(C)(iii)(II).\n ``(e) Limitations.--\n ``(1) Aggregate credit amount allowed.--The aggregate \n amount of credit allowed under subsection (a) with respect to a \n taxpayer for any taxable year shall not exceed $75,000,000 \n reduced by the amount of the credit allowed under subsection \n (a) to the taxpayer (or any predecessor) for all prior taxable \n years.\n ``(2) Amount allowed for certain appliances.--\n ``(A) In general.--In the case of appliances \n described in subparagraph (C), the aggregate amount of \n the credit allowed under subsection (a) with respect to \n a taxpayer for any taxable year shall not exceed \n $20,000,000 reduced by the amount of the credit allowed \n under subsection (a) to the taxpayer (or any \n predecessor) for all prior taxable years with respect \n to such appliances.\n ``(B) Election to increase allowable credit.--In \n the case of any taxpayer who makes an election under \n this subparagraph--\n ``(i) subparagraph (A) shall be applied by \n substituting `$25,000,000' for `$20,000,000', \n and\n ``(ii) the aggregate amount of the credit \n allowed under subsection (a) with respect to \n such taxpayer for any taxable year for \n appliances described in subparagraph (C) and \n the additional appliances described in \n subparagraph (D) shall not exceed $50,000,000 \n reduced by the amount of the credit allowed \n under subsection (a) to the taxpayer (or any \n predecessor) for all prior taxable years with \n respect to such appliances.\n ``(C) Appliances described.--The appliances \n described in this subparagraph are--\n ``(i) clothes washers described in \n subsection (b)(1)(B)(i), and\n ``(ii) refrigerators described in \n subsection (b)(1)(C)(i).\n ``(D) Additional appliances.--The additional \n appliances described in this subparagraph are--\n ``(i) refrigerators described in subsection \n (b)(1)(C)(ii)(I), and\n ``(ii) refrigerators described in \n subsection (b)(1)(C)(ii)(II).\n ``(3) Limitation based on gross receipts.--The credit \n allowed under subsection (a) with respect to a taxpayer for the \n taxable year shall not exceed an amount equal to 2 percent of \n the average annual gross receipts of the taxpayer for the 3 \n taxable years preceding the taxable year in which the credit is \n determined.\n ``(4) Gross receipts.--For purposes of this subsection, the \n rules of paragraphs (2) and (3) of section 448(c) shall apply.\n ``(f) Definitions.--For purposes of this section--\n ``(1) Qualified energy efficient appliance.--The term \n `qualified energy efficient appliance' means--\n ``(A) any dishwasher described in subsection \n (b)(1)(A),\n ``(B) any clothes washer described in subsection \n (b)(1)(B), and\n ``(C) any refrigerator described in subsection \n (b)(1)(C).\n ``(2) Dishwasher.--The term `dishwasher' means a \n residential dishwasher subject to the energy conservation \n standards established by the Department of Energy.\n ``(3) Clothes washer.--The term `clothes washer' means a \n residential model clothes washer, including a residential style \n coin operated washer.\n ``(4) Refrigerator.--The term `refrigerator' means a \n residential model automatic defrost refrigerator-freezer which \n has an internal volume of at least 16.5 cubic feet.\n ``(5) MEF.--The term `MEF' means the modified energy factor \n established by the Department of Energy for compliance with the \n Federal energy conservation standards.\n ``(6) EF.--The term `EF' means the energy factor \n established by the Department of Energy for compliance with the \n Federal energy conservation standards.\n ``(7) WF.--The term `WF' means Water Factor (as determined \n by the Secretary of Energy).\n ``(8) Produced.--The term `produced' includes manufactured.\n ``(9) 2001 energy conservation standard.--The term `2001 \n energy conservation standard' means the energy conservation \n standards promulgated by the Department of Energy and effective \n July 1, 2001.\n ``(g) Special Rules.--For purposes of this section--\n ``(1) In general.--Rules similar to the rules of \n subsections (c), (d), and (e) of section 52 shall apply.\n ``(2) Controlled group.--\n ``(A) In general.--All persons treated as a single \n employer under subsection (a) or (b) of section 52 or \n subsection (m) or (o) of section 414 shall be treated \n as a single producer.\n ``(B) Inclusion of foreign corporations.--For \n purposes of subparagraph (A), in applying subsections \n (a) and (b) of section 52 to this section, section 1563 \n shall be applied without regard to subsection (b)(2)(C) \n thereof.\n ``(3) Verification.--No amount shall be allowed as a credit \n under subsection (a) with respect to which the taxpayer has not \n submitted such information or certification as the Secretary, \n in consultation with the Secretary of Energy, determines \n necessary.''.\n (b) Conforming Amendment.--Section 38(b) of the Internal Revenue \nCode of 1986 (relating to general business credit) is amended by \nstriking ``plus'' at the end of paragraph (18), by striking the period \nat the end of paragraph (19) and inserting ``, plus'', and by adding at \nthe end the following new paragraph:\n ``(20) the energy efficient appliance credit determined \n under section 45J(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n ``Sec. 45J. Energy efficient appliance credit''.\n (d) Effective Date.--The amendments made by this section shall \napply to appliances produced after the date of the enactment of this \nAct, in taxable years ending after such date.","summary":"Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances . Bases the amount of such credit on specified energy and water efficiency ratings.","title":"A bill to amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit.","text_len":17903,"sum_len":269} {"bill_id":"103_hr837","text":"SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH.\n\n (a) Old-Age Insurance Benefits.--Section 202(a) of the Social \nSecurity Act (42 U.S.C. 402(a)) is amended by striking ``the month \npreceding'' in the matter following subparagraph (B).\n (b) Wife's Insurance Benefits.--\n (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. \n 402(b)(1)) is amended--\n (A) by striking ``and ending with the month'' in \n the matter immediately following clause (ii) and \n inserting ``and ending with the month in which she dies \n or (if earlier) with the month'';\n (B) by striking subparagraph (E); and\n (C) by redesignating subparagraphs (F) through (K) \n as subparagraphs (E) through (J), respectively.\n (2) Conforming amendment.--Section 202(b)(5)(B) of such Act \n (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), \n (H), or (J)'' and inserting ``(E), (G), or (I)''.\n (c) Husband's Insurance Benefits.--\n (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. \n 402(c)(1)) is amended--\n (A) by striking ``and ending with the month'' in \n the matter immediately following clause (ii) and \n inserting ``and ending with the month in which he dies \n or (if earlier) with the month'';\n (B) by striking subparagraph (E); and\n (C) by redesignating subparagraphs (F) through (K) \n as subparagraphs (E) through (J), respectively.\n (2) Conforming amendment.--Section 202(c)(5)(B) of such Act \n (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), \n (H), or (J)'' and inserting ``(E), (G), or (I)''.\n (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 \nU.S.C. 402(d)(1)) is amended--\n (1) by striking ``and ending with the month'' in the matter \n immediately preceding subparagraph (D) and inserting ``and \n ending with the month in which such child dies or (if earlier) \n with the month''; and\n (2) by striking ``dies, or'' in subparagraph (D).\n (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 \nU.S.C. 402(e)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: she \nremarries, dies,'' in the matter following subparagraph (F) and \ninserting ``ending with the month in which she dies or (if earlier) \nwith the month preceding the first month in which any of the following \noccurs: she remarries, or''.\n (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act \n(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: he \nremarries, dies,'' in the matter following subparagraph (F) and \ninserting ``ending with the month in which he dies or (if earlier) with \nthe month preceding the first month in which any of the following \noccurs: he remarries,''.\n (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of \nsuch Act (42 U.S.C. 402(g)(1)) is amended--\n (1) by inserting ``with the month in which he or she dies \n or (if earlier)'' after ``and ending'' in the matter following \n subparagraph (F); and\n (2) by striking ``he or she remarries, or he or she dies'' \n and inserting ``or he or she remarries''.\n (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 \nU.S.C. 402(h)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: such \nparent dies, marries,'' in the matter following subparagraph (E) and \ninserting ``ending with the month in which such parent dies or (if \nearlier) with the month preceding the first month in which any of the \nfollowing occurs: such parent marries,''.\n (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act \n(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month \npreceding whichever of the following months is the earliest: the month \nin which he dies,'' in the matter following subparagraph (D) and \ninserting the following: ``ending with the month in which he dies or \n(if earlier) with whichever of the following months is the earliest:''.\n (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section \n228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the \nmonth preceding'' in the matter following paragraph (4).\n\nSEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.\n\n (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the \nSocial Security Act (42 U.S.C. 402) is amended by adding at the end the \nfollowing new subsection:\n\n ``Last Payment of Monthly Insurance Benefit Terminated by Death\n\n ``(y) The amount of any individual's monthly insurance benefit \nunder this section paid for the month in which the individual dies \nshall be an amount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n (b) Disability Insurance Benefits.--Section 223 of such Act (42 \nU.S.C. 423) is amended by adding at the end the following new \nsubsection:\n\n ``Last Payment of Benefit Terminated by Death\n\n ``(j) The amount of any individual's monthly benefit under this \nsection paid for the month in which the individual dies shall be an \namount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section \n228 of such Act (42 U.S.C. 428) is amended by adding at the end the \nfollowing new subsection:\n\n ``Last Payment of Benefit Terminated by Death\n\n ``(i) The amount of any individual's monthly benefit under this \nsection paid for the month in which the individual dies shall be an \namount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to deaths \noccurring on or after the date of the enactment of this Act.","summary":"Amends title II of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.","title":"To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies and that such benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of the recipient's death.","text_len":8198,"sum_len":151} {"bill_id":"106_hr3637","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Private Mortgage Insurance Technical \nCorrections and Clarification Act''.\n\nSEC. 2. CHANGES IN AMORTIZATION SCHEDULE.\n\n (a) Treatment of Adjustable Rate Mortgages.--The Homeowners \nProtection Act of 1998 (12 U.S.C. 4901 et seq.) is amended--\n (1) in section 2--\n (A) in paragraph (2)(B)(i), by striking \n ``amortization schedules'' and inserting ``the \n amortization schedule then in effect'';\n (B) in paragraph (16)(B), by striking \n ``amortization schedules'' and inserting ``the \n amortization schedule then in effect'';\n (C) by redesignating paragraphs (6) through (16) \n (as amended by the preceding provisions of this \n paragraph) as paragraphs (8) through (18), \n respectively; and\n (D) by inserting after paragraph (5) the following \n new paragraph:\n ``(6) Amortization schedule then in effect.--The term \n `amortization schedule then in effect' means, with respect to \n an adjustable rate mortgage, a schedule established at the time \n at which the residential mortgage transaction is consummated \n or, if such schedule has been changed or recalculated, is the \n most recent schedule under the terms of the note or mortgage, \n which shows--\n ``(A) the amount of principal and interest that is \n due at regular intervals to retire the principal \n balance and accrued interest over the remaining \n amortization period of the loan; and\n ``(B) the unpaid balance of the loan after each \n such scheduled payment is made.''; and\n (2) in section 3(f)(1)(B)(ii), by striking ``amortization \n schedules'' and inserting ``the amortization schedule then in \n effect''.\n (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of \nthe Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by \nadding at the end the following new sentence: ``A residential mortgage \nthat (A) does not fully amortize over the term of the obligation, and \n(B) contains a conditional right to refinance or modify the unamortized \nprincipal at the maturity date of the term, shall be considered to be \nan adjustable rate mortgage for purposes of this Act.''.\n (c) Treatment of Loan Modifications.--\n (1) In general.--Section 3 of the Homeowners Protection Act \n of 1998 (12 U.S.C. 4902) is amended--\n (A) by redesignating subsections (d) through (f) as \n subsections (e) through (g), respectively; and\n (B) by inserting after subsection (c) the following \n new subsection:\n ``(d) Treatment of Loan Modifications.--If a mortgagor and \nmortgagee (or holder of the mortgage) agree to a modification of the \nterms or conditions of a loan pursuant to a residential mortgage \ntransaction, the cancellation date, termination date, or final \ntermination shall be recalculated to reflect the modified terms and \nconditions of such loan.''.\n (2) Conforming amendments.--Section 4(a) of the Homeowners \n Protection Act of 1998 (12 U.S.C. 4903(a)) is amended--\n (A) in paragraph (1)--\n (i) in the matter preceding subparagraph \n (A), by striking ``section 3(f)(1)'' and \n inserting ``section 3(g)(1)'';\n (ii) in subparagraph (A)(ii)(IV), by \n striking ``section 3(f)'' and inserting \n ``section 3(g)''; and\n (iii) in subparagraph (B)(iii), by striking \n ``section 3(f)'' and inserting ``section \n 3(g)''; and\n (B) in paragraph (2), by striking ``section \n 3(f)(1)'' and inserting ``section 3(g)(1)''.\n\nSEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES.\n\n (a) Termination of Private Mortgage Insurance.--Section 3 of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4902) is amended--\n (1) in subsection (c), by inserting ``on residential \n mortgage transactions'' after ``imposed''; and\n (2) in subsection (g) (as so redesignated by section \n 2(c)(1)(A) of this Act)--\n (A) in paragraph (1), in the matter preceding \n subparagraph (A), by striking ``mortgage or'';\n (B) in paragraph (2), by striking ``mortgage or''; \n and\n (C) in paragraph (3), by striking ``mortgage or'' \n and inserting ``residential mortgage or residential''.\n (b) Disclosure Requirements.--Section 4 of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4903(a)) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by striking ``mortgage or'' the first \n place it appears; and\n (ii) by striking ``mortgage or'' the second \n place it appears and inserting ``residential''; \n and\n (B) in paragraph (2), by striking ``mortgage or'' \n and inserting ``residential'';\n (2) in subsection (c), by striking ``paragraphs (1)(B) and \n (3) of subsection (a)'' and inserting ``subsection (a)(3)''; \n and\n (3) in subsection (d), by inserting before the period at \n the end the following: ``, which disclosures shall relate to \n the mortgagor's rights under this Act''.\n (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.--\nSection 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is \namended--\n (1) in subsection (c)--\n (A) in the matter preceding paragraph (1), by \n striking ``a residential mortgage or''; and\n (B) in paragraph (2), by inserting ``transaction'' \n after ``residential mortgage''; and\n (2) in subsection (d), by inserting ``transaction'' after \n ``residential mortgage''.\n\nSEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE.\n\n Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) \nis amended--\n (1) in subsection (a)--\n (A) in the matter preceding paragraph (1), by \n inserting after ``cancellation date'' the following: \n ``or any later date that the mortgagor fulfills all of \n the requirements under paragraphs (1) through (4)'';\n (B) in paragraph (2), by striking ``and'' at the \n end;\n (C) by redesignating paragraph (3) as paragraph \n (4); and\n (D) by inserting after paragraph (2) the following \n new paragraph:\n ``(3) is current on the payments required by the terms of \n the residential mortgage transaction; and''; and\n (2) in subsection (e)(1)(B) (as so redesignated by section \n 2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' \n and inserting ``subsection (a)(4)''.\n\nSEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER \n PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS.\n\n (a) Good Payment History.--Section 2(4) of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4901(4)) is amended--\n (1) in subparagraph (A)--\n (A) by inserting ``the later of (i)'' before ``the \n date''; and\n (B) by inserting ``, or (ii) the date that the \n mortgagor submits a request for cancellation under \n section 3(a)(1)'' before the semicolon; and\n (2) in subparagraph (B)--\n (A) by inserting ``the later of (i)'' before ``the \n date''; and\n (B) by inserting ``, or (ii) the date that the \n mortgagor submits a request for cancellation under \n section 3(a)(1)'' before the period at the end.\n (b) Automatic Termination.--Paragraph (2) of section 3(b) of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to \nread as follows:\n ``(2) if the mortgagor is not current on the termination \n date, on the first day of the first month beginning after the \n date that the mortgagor becomes current on the payments \n required by the terms of the residential mortgage \n transaction.''.\n (c) Premium Payments.--Section 3 of the Homeowners Protection Act \nof 1998 (12 U.S.C. 4902) is amended by adding at the end the following \nnew subsection:\n ``(h) Accrued Obligation for Premium Payments.--The cancellation or \ntermination under this section of the private mortgage insurance of a \nmortgagor shall not affect the rights of any mortgagee, servicer, or \nmortgage insurer to enforce any obligation of such mortgagor for \npremium payments accrued prior to the date on which such cancellation \nor termination occurred.''.\n\nSEC. 6. DEFINITIONS.\n\n (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by \ninserting after ``refinanced'' the following: ``(under the meaning \ngiven such term in the regulations issued by the Board of Governors of \nthe Federal Reserve System to carry out the Truth in Lending Act (15 \nU.S.C. 1601 et seq.))''.\n (b) Midpoint of the Amortization Period.--Section 2 of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by \ninserting after paragraph (6) (as added by section 2(a)(1)(D) of this \nAct) the following new paragraph:\n ``(7) Midpoint of the amortization period.--The term \n ``midpoint of the amortization period'' means, with respect to \n a residential mortgage transaction, the point in time that is \n halfway through the period that begins upon the first day of \n the amortization period established at the time a residential \n mortgage transaction is consummated and ends upon the \n completion of the entire period over which the mortgage is \n scheduled to be amortized.''.\n (c) Original Value.--Section 2(12) of the Homeowners Protection Act \nof 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) \nof this Act) is amended--\n (1) by inserting ``transaction'' after ``a residential \n mortgage''; and\n (2) by adding at the end the following new sentence: ``In \n the case of a residential mortgage transaction for refinancing \n the principal residence of the mortgagor, such term means only \n the appraised value relied upon by the mortgagee to approve the \n refinance transaction.''.\n (d) Principal Residence.--Section 2 of the Homeowners Protection \nAct of 1998 (12 U.S.C. 4901) is amended--\n (1) in paragraph (14) (as so redesignated by section \n 2(a)(1)(C) of this Act) by striking ``primary'' and inserting \n ``principal''; and\n (2) in paragraph (15) (as so redesignated by section \n 2(a)(1)(C) of this Act) by striking ``primary'' and inserting \n ``principal''.\n\n Passed the House of Representatives May 23, 2000.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Includes balloon mortgages within the definition of adjustable rate mortgages. States that if a residential mortgage loan is modified the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications. Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments. Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date. States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments. Revises specified definitions.","title":"Private Mortgage Insurance Technical Corrections and Clarification Act","text_len":11754,"sum_len":748} {"bill_id":"111_hr2306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Climate Service Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Weather, climate change, and climate variability affect \n public safety, environmental services and security, human \n health, agriculture, energy use, water resources, and other \n factors vital to national security and human welfare.\n (2) Climate forecasts create opportunities for society to \n prepare, potentially reducing the costs of climate-related \n events, as well as serving national needs related to enhancing \n economic growth, managing risk, protecting life and property, \n and promoting environmental stewardship.\n (3) Information on predicted climate and climate impacts is \n not being fully disseminated or used well, despite the \n increasing predictability of climate.\n (4) The United States lacks adequate research, \n infrastructure, and coordinated outreach and communication \n mechanisms to meet national climate monitoring, prediction, and \n decision support needs for adapting to and mitigating the \n impacts of climate change and climate variability.\n (5) Increasing societal resilience to climate impacts \n requires understanding climate trends and variations as well as \n possible, understanding the impacts of climate on human and \n nonhuman systems, providing decision-relevant tools based on \n that information, and increasing society's capacity to act on \n that information.\n\nSEC. 3. PURPOSE.\n\n It is the purpose of this Act to establish a National Climate \nService that will assist the Nation and the world in understanding, \nanticipating, and responding to climate, climate change, and climate \nvariability and their impacts and implications. The Service shall \ninform the public through the sustained production and delivery of \nauthoritative, timely, useful information about impacts on local, \nState, regional, tribal, national, and global scales. The Service shall \nbe user-centric, by ensuring that the information is accessible, \nconsistent with users' ability to respond, and based on user needs and \nlimitations. The Service shall provide such usable information through \na sustained network of observations, modeling, and research activities.\n\nSEC. 4. NATIONAL CLIMATE SERVICE.\n\n (a) Establishment.--\n (1) In general.--The Secretary of Commerce shall establish \n within the Climate Program Office of the National Oceanic and \n Atmospheric Administration a National Climate Service (in this \n Act referred to as the ``Service'') not later than one year \n after the date of enactment of this Act. The Service shall \n include a national center and a network of regional and local \n facilities for operational climate observation, modeling, and \n research.\n (2) General purpose.--The Service shall inform the public \n through the sustained production and delivery of authoritative, \n timely, useful information about impacts on local, State, \n regional, tribal, national, and global scales.\n (3) Specific services.--The Service, at minimum, shall--\n (A) serve as a clearinghouse and technical access \n point to stakeholders for regionally and nationally \n relevant information on climate, climate impacts, and \n adaptation, developing comprehensive databases of \n information relevant to specific regional and national \n stakeholder needs;\n (B) provide education on climate impacts, \n vulnerabilities, and application of climate information \n in decisionmaking;\n (C) design decision-support tools that facilitate \n use of climate information in stakeholders' near-term \n operations and long-term planning\n (D) facilitate user access to climate and climate \n impacts experts for technical assistance in use of \n climate information and to inform the climate forecast \n community of their information needs;\n (E) provide researcher, modeler, and observations \n experts access to users to help guide direction of \n research, modeling, and observation activities; and\n (F) propose and evaluate adaptation strategies for \n climate variability and change.\n (4) Specific functions.--The Service, at minimum, shall--\n (A) integrate global, national, and regional \n observations to produce information and assessments of \n use to stakeholders and researchers;\n (B) develop climate models for decision support;\n (C) perform basic and applied research on climate \n dynamics and impacts relevant to stakeholder interests;\n (D) create and maintain an operational delivery \n system and facilitate transition of new climate \n applications products to Service member agencies;\n (E) establish an atmospheric monitoring and \n verification program utilizing aircraft, satellite, \n ground sensors, ocean and coastal observing systems, \n and modeling capabilities to monitor, measure, and \n verify greenhouse gas concentrations and emissions \n throughout the global oceans and atmosphere;\n (F) develop and maintain a dialog among research \n teams, Federal agencies, and stakeholders for \n developing information relevant for planning and \n decisionmaking;\n (G) identify climate-related vulnerabilities and \n build national capacity to increase resilience;\n (H) articulate regional and national climate issues \n and concerns in regional and national policy arenas and \n facilitate regional-national communications on Service \n needs and performance; and\n (I) outreach to stakeholder groups.\n (b) Action Plan.--Within 1 year after the date of enactment of this \nAct, the Secretary of Commerce shall submit to the Committee on \nCommerce, Science, and Transportation of the Senate and the Committee \non Science and Technology of the House of Representatives a plan of \naction for the National Climate Service. The plan, at a minimum, \nshall--\n (1) provide for the interpretation and communication of \n climate data, conditions, predictions, projections, and risks \n on an ongoing basis to decision and policy makers at the local, \n regional, and national levels;\n (2) design, deploy, and operate a national climate \n observing system that closes gaps in existing coverage;\n (3) support infrastructure and ability to archive and \n ensure the quality of climate data, and make federally funded \n model simulations and other relevant climate information \n available from Global Change Research Program activities and \n other sources (and related data from paleoclimate studies);\n (4) include a program for long-term stewardship, quality \n control, development of relevant climate products, and \n efficient access to all relevant climate data, products, and \n model simulations;\n (5) establish a national coordinated modeling strategy, \n including a national climate modeling center to provide a \n dedicated capability for modeling and forecasting scenarios, \n and a regular schedule of projections on long-term and short-\n term time horizons over a range of scales, including regional \n scales;\n (6) improve integrated modeling, assessment, and predictive \n capabilities needed to document and forecast climate changes \n and impacts, and to guide national, regional, and local \n planning and decisionmaking;\n (7) provide a system of regular consultation and \n coordination with Federal agencies, States, tribes, \n nongovernmental organizations, the private sector, and the \n academic community to ensure--\n (A) that the information requirements of these \n groups are well incorporated; and\n (B) timely and full sharing, dissemination and use \n of climate information and services in risk \n preparedness, planning, decisionmaking, and early \n warning and natural resources management, both \n domestically and internationally;\n (8) develop standards, evaluation criteria, and performance \n objectives to ensure that the Service meets the evolving \n information needs of the public, policy makers, and \n decisionmakers in the face of a changing climate;\n (9) develop funding estimates to implement the plan; and\n (10) support competitive research programs that will \n improve elements of the Service described in this Act through \n the Climate Program Office within the Service headquarter \n function.\n (c) Director.--The Administrator shall appoint a Director of the \nService, who shall oversee all processes associated with managing the \norganization and executing the functions and actions described in this \nAct.\n (d) National Climate Service Advisory Council.--The Administrator \nshall, in consultation with the Chairmen and ranking minority members \nof the Committee on Commerce, Science, and Transportation of the Senate \nand the Committee on Science and Technology of the House of \nRepresentatives, and the National Academy of Sciences, appoint the \nmembership of a National Climate Service Advisory Council, with members \nserving 4-year terms, that shall include a diverse membership from \nappropriate Federal, State, and local government, universities, and \nnongovernment and private sectors who use climate information and cover \na range of sectors, such as water, drought, fisheries, coasts, \nagriculture, health, natural resources, transportation, and insurance. \nThe Council shall advise the Director of the Service of key priorities \nin climate-related issues that require the attention of the Service. \nThe Council shall be responsible for promoting coordination across \nregional, national, and international concerns and the assessment of \nevolving information needs.\n\nSEC. 5. CONTRACT AND GRANT AUTHORITY.\n\n Functions vested in any Federal officer or agency by this Act or \nunder the program established under this Act may be exercised through \nthe facilities and personnel of the agency involved or, to the extent \nprovided or approved in advance in appropriation Acts, by other persons \nor entities under contracts or grant arrangements entered into by such \nofficer or agency.\n\nSEC. 6. ANNUAL REPORT.\n\n The Secretary of Commerce shall prepare and submit to the President \nand the Congress, not later than March 31 of each year, a report on the \nactivities conducted pursuant to this Act during the preceding fiscal \nyear, including--\n (1) a summary of the achievements of the National Climate \n Service during the previous fiscal year; and\n (2) an analysis of the progress made toward achieving the \n goals and objectives of the Service.\n\nSEC. 7. DEFINITIONS.\n\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the National Oceanic and Atmospheric \n Administration.\n (2) Advisory council.--The term ``Advisory Council'' refers \n to the National Climate Service Advisor Council.\n (3) Climate change.--The term ``climate change'' means any \n change in climate over time, whether due to natural variability \n or as a result of human activity.\n (4) Director.--The term ``Director'' means the director of \n the National Oceanic and Atmospheric Administration's National \n Climate Service.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (6) Service.--The term ``Service'' means the National \n Oceanic and Atmospheric Administration's National Climate \n Service.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary to carry \nout this Act--\n (1) $300,000,000 for fiscal year 2011.\n (2) $350,000,000 for fiscal year 2012.\n (3) $400,000,000 for fiscal year 2013.\n (4) $450,000,000 for fiscal year 2014.\n (5) $500,000,000 for fiscal year 2015.","summary":"National Climate Service Act of 2009 - Requires the Secretary of Commerce to establish within the Climate Program Office of the National Oceanic and Atmospheric Administration (NOAA) a National Climate Service that includes a national center and a network of regional and local facilities for operational climate observation, modeling, and research. Requires the Service to: (1) inform the public about climate impacts. (2) serve as a clearinghouse and technical access point to stakeholders for information on climate, climate impacts, and adaptation, and relevant comprehensive databases of information. (3) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking. (4) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning. (5) facilitate user access to climate experts for technical assistance in the use of climate information and to inform the climate forecast community of their information needs. (6) provide researcher, modeler, and observations experts access to users to help guide direction of their activities. And (7) propose and evaluate adaptation strategies for climate variability and change. Sets forth the Service's functions, including establishing an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the oceans and atmosphere. Requires the Secretary to report to specified congressional committees on a plan of action for the Service. Requires the Administrator of NOAA to appoint a Director of the Service. Requires the Director to appoint members of a National Climate Service Advisory Council to promote coordination across regional, national, and international concerns and assess information needs.","title":"To provide for the establishment of a National Climate Service, and for other purposes.","text_len":13055,"sum_len":1956} {"bill_id":"103_hr4999","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Commission Amendments \nAct of 1994''.\n\nSEC. 2. AMENDMENT OF 1983 ACT.\n\n That the portion of the United States Commission on Civil Rights \nAct of 1983 which follows the enacting clause is amended to read as \nfollows:\n\n``SECTION 1. SHORT TITLE.\n\n ``This Act may be cited as the `Civil Rights Commission Act of \n1983'.\n\n``SEC. 2. ESTABLISHMENT OF COMMISSION.\n\n ``(a) Generally.--There is established the United States Commission \non Civil Rights (hereinafter in this Act referred to as the \n`Commission').\n ``(b) Membership.--The Commission shall be composed of 8 members. \nNot more than 4 of the members shall at any one time be of the same \npolitical party. The initial membership of the Commission shall be the \nmembers of the United States Commission on Civil Rights on September \n30, 1994. Thereafter vacancies in the membership of the Commission \nshall continue to be appointed as follows:\n ``(1) 4 members of the Commission shall be appointed by the \n President.\n ``(2) 2 members of the Commission shall be appointed by the \n President pro tempore of the Senate, upon the recommendations \n of the majority leader and the minority leader, and of the \n members appointed not more than one shall be appointed from the \n same political party.\n ``(3) 2 members of the Commission shall be appointed by the \n Speaker of the House of Representatives upon the \n recommendations of the majority leader and the minority leader, \n and of the members appointed not more than one shall be \n appointed from the same political party.\n ``(c) Terms.--The term of office of each member of the Commission \nshall be 6 years. The term of each member of the Commission in the \ninitial membership of the Commission shall expire on the date such term \nwould have expired as of September 30, 1994.\n ``(d) Chairperson.--(1) Except as provided in paragraphs (2) and \n(3), the individuals serving as Chairperson and Vice Chairperson of the \nUnited States Commission on Civil Rights on September 30, 1994 shall \ninitially fill those roles on the Commission.\n ``(2) Thereafter the President may, with the concurrence of a \nmajority of the Commission's members, designate a Chairperson or Vice \nChairperson, as the case may be, from among the Commission's members.\n ``(3) The President shall, with the concurrence of a majority of \nthe Commission's members, fill a vacancy by designating a Chairperson \nor Vice Chairperson, as the case may be, from among the Commission's \nmembers.\n ``(4) The Vice Chairperson shall act in place of the Chairperson in \nthe absence of the Chairperson.\n ``(e) Removal of Members.--The President may remove a member of the \nCommission only for neglect of duty or malfeasance in office.\n ``(f) Quorum.--5 members of the Commission constitute a quorum of \nthe Commission.\n\n``SEC. 3. DUTIES OF THE COMMISSION.\n\n ``(a) Generally.--The Commission--\n ``(1) shall investigate allegations in writing under oath \n or affirmation relating to deprivations--\n ``(A) because of color, race, religion, sex, age, \n disability, or national origin; or\n ``(B) as a result of any pattern or practice of \n fraud;\n of the right of citizens of the United States to vote and have \n votes counted; and\n ``(2) shall--\n ``(A) study and collect information relating to;\n ``(B) make appraisals of the laws and policies of \n the Federal Government with respect to;\n ``(C) serve as a national clearinghouse for \n information relating to; and\n ``(D) prepare public service announcements and \n advertising campaigns to discourage;\n discrimination or denials of equal protection of the laws under \n the Constitution of the United States because of color, race, \n religion, sex, age, disability, or national origin, or in the \n administration of justice.\n ``(b) Limitations on Investigatory Duties.--Nothing in this or any \nother Act shall be construed as authorizing the Commission, its \nadvisory committees, or any person under its supervision or control, to \ninquire into or investigate any membership practices or internal \noperations of any fraternal organization, any college or university \nfraternity or sorority, any private club, or any religious \norganization.\n ``(c) Reports.--\n ``(1) Annual report.--The Commission shall submit to the \n President and Congress at least one report annually that \n monitors Federal civil rights enforcement efforts in the United \n States.\n ``(2) Other reports generally.--The Commission shall submit \n such other reports to the President and the Congress as the \n Commission, the Congress, or the President shall deem \n appropriate.\n ``(d) Advisory Committees.--The Commission may constitute such \nadvisory committees as it deems advisable. The Commission shall \nestablish at least one such committee in each State and the District of \nColumbia composed of citizens of that State or District.\n ``(e) Hearings and Ancillary Matters.--\n ``(1) Power to hold hearings.--The Commission, or on the \n authorization of the Commission, any subcommittee of two or \n more members of the Commission, at least one of whom shall be \n of each major political party, may, for the purpose of carrying \n out this Act, hold such hearings and act at such times and \n places as the Commission or such authorized subcommittee deems \n advisable. Each member of the Commission shall have the power \n to administer oaths and affirmations in connection with the \n proceedings of the Commission. The holding of a hearing by the \n Commission or the appointment of a subcommittee to hold a \n hearing pursuant to this paragraph must be approved by a \n majority of the Commission, or by a majority of the members \n present at a meeting when a quorum is present.\n ``(2) Power to issue subpoenas.--The Commission may issue \n subpoenas for the attendance of witnesses and the production of \n written or other matter. Such a subpoena may not require the \n presence of a witness more than 100 miles outside the place \n wherein the witness is found or resides or is domiciled or \n transacts business, or has appointed an agent for receipt of \n service of process. In case of contumacy or refusal to obey a \n subpoena, the Attorney General may in a Federal court of \n appropriate jurisdiction obtain an appropriate order to enforce \n the subpoena.\n ``(3) Witness fees.--A witness attending any proceeding of \n the Commission shall be paid the same fees and mileage that are \n paid witnesses in the courts of the United States.\n ``(4) Depositions and interrogatories.--The Commission may \n use depositions and written interrogatories to obtain \n information and testimony about matters that are the subject of \n a Commission hearing or report.\n ``(f) Limitation Relating to Abortion.--Nothing in this or any \nother Act shall be construed as authorizing the Commission, its \nadvisory committees, or any other person under its supervision or \ncontrol to study and collect, make appraisals of, or serve as a \nclearinghouse for any information about laws and policies of the \nFederal Government or any other governmental authority in the United \nStates, with respect to abortion.\n\n``SEC. 4. ADMINISTRATIVE PROVISIONS.\n\n ``(a) Staff.--\n ``(1) Director.--There shall be a full-time staff director \n for the Commission who shall--\n ``(A) serve as the administrative head of the \n Commission; and\n ``(B) be appointed by the President with the \n concurrence of a majority of the Commission.\n ``(2) Other personnel.--Within the limitation of its \n appropriations, the Commission may--\n ``(A) appoint such other personnel as it deems \n advisable, under the civil service and classification \n laws; and\n ``(B) procure services, as authorized in section \n 3109 of title 5, United States Code, but at rates for \n individuals not in excess of the daily equivalent paid \n for positions at the maximum rate for GS-15 of the \n General Schedule under section 5332 of title 5, United \n States Code.\n ``(b) Compensation of Members.--\n ``(1) Generally.--Each member of the Commission who is not \n otherwise in the service of the Government of the United States \n shall receive a sum equivalent to the compensation paid at \n level IV of the Executive Schedule under section 5315 of title \n 5, United States Code, prorated on an daily basis for time \n spent in the work of the Commission.\n ``(2) Persons otherwise in government service.--Each member \n of the Commission who is otherwise in the service of the \n Government of the United States shall serve without \n compensation in addition to that received for such other \n service, but while engaged in the work of the Commission shall \n be paid actual travel expenses and per diem in lieu of \n subsistence expenses when away from such member's usual place \n of residence, under subchapter I of chapter 57 of title 5, \n United States Code.\n ``(c) Voluntary or Uncompensated Personnel.--The Commission shall \nnot accept or use the services of voluntary or uncompensated persons. \nThis limitation shall apply with respect to services of members of the \nCommission as it does with respect to services by other persons.\n ``(d) Rules.--\n ``(1) Generally.--The Commission may make such rules as are \n necessary to carry out the purposes of this Act.\n ``(2) Continuation of old rules.--Except as inconsistent \n with this Act, and until modified by the Commission, the rules \n of the Commission on Civil Rights in effect on September 30, \n 1994 shall be the initial rules of the Commission.\n ``(e) Cooperation.--All Federal agencies shall cooperate fully with \nthe Commission to the end that it may effectively carry out its \nfunctions and duties.\n\n``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated, to carry out this Act \n$9,500,000 for fiscal year 1995. None of the sums authorized to be \nappropriated for fiscal year 1995 may be used to create additional \nregional offices.\n\n``SEC. 6. TERMINATION.\n\n ``This Act shall terminate on September 30, 1995.''","summary":"Civil Rights Commission Amendments Act of 1994 - Amends the United States Commission on Civil Rights Act of 1983 to reauthorize the Commission. Renames such Act as the Civil Rights Commission Act of 1983. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on September 30, 1994, and thereafter vacancies shall continue to be appointed according to a specified formula. And (2) the term of each member in the initial membership shall expire on the date such term would have expired as of September 30, 1994. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson, (2) removal of members. And (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of US citizens to vote and have votes counted. And (2) study and collect information relating to, make appraisals of Federal laws and policies regarding, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage, discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to: (1) inquire into or investigate any membership practices or internal operations of any fraternal organization, college or university fraternity or sorority, private club, or religious organization. Or (2) study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports, (2) advisory committees, (3) hearings and ancillary matters. And (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995.","title":"Civil Rights Commission Amendments Act of 1994","text_len":11083,"sum_len":2148} {"bill_id":"109_hr5292","text":"SECTION 1. STATEMENT OF POLICY.\n\n It shall be the policy of the United States to--\n (1) undertake the necessary measures to deny the Cuban \n regime the financial resources to engage in activities that \n threaten--\n (A) United States national security, its interests \n and its allies;\n (B) the environment and natural resources of the \n submerged lands of Cuba's northern coast and Florida's \n unique maritime environment; and\n (C) that prolong the dictatorship that oppresses \n the Cuban people; and\n (2) deter foreign investments that would enhance the \n ability of the Cuban regime to develop its petroleum resources.\n\nSEC. 2. EXCLUSION OF CERTAIN ALIENS.\n\n (a) In General.--The Cuban Liberty and Democratic Solidarity \n(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting \nafter section 401 the following:\n\n``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE \n TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF \n OF CUBA'S NORTHERN COAST.\n\n ``(a) In General.--The Secretary of State shall deny a visa to, and \nthe Secretary of Homeland Security shall exclude from the United \nStates, any alien who the Secretary of State determines is a person \nwho--\n ``(1) is an officer or principal of an entity, or a \n shareholder who owns a controlling interest in an entity, that, \n on or after May 2, 2006, makes an investment that equals or \n exceeds $1,000,000 (or any combination of investments that in \n the aggregate equals or exceeds $1,000,000 in any 12-month \n period), that contributes to the enhancement of Cuba's ability \n to develop petroleum resources of the submerged lands of Cuba's \n northern coast; or\n ``(2) is a spouse, minor child, or agent of a person \n described in paragraph (1).\n ``(b) Waiver.--The Secretary of State may waive the application of \nsubsection (a) if the Secretary certifies and reports to the \nappropriate congressional committees, on a case-by-case basis, that the \nadmission to the United States of a person described in subsection \n(a)--\n ``(1) is necessary for critical medical reasons or for \n purposes of litigation of an action under title III; or\n ``(2) is appropriate if the requirements of sections 203, \n 204, and 205 have been satisfied.\n ``(c) Definitions.--In this section:\n ``(1) Develop.--The term `develop', with respect to \n petroleum resources, means the exploration for, or the \n extraction, refining, or transportation by pipeline or other \n means of, petroleum resources.\n ``(2) Investment.--The term `investment' means any of the \n following activities if such activity is undertaken pursuant to \n an agreement, or pursuant to the exercise of rights under such \n an agreement, that is entered into with the Government of Cuba \n (or any agency or instrumentality thereof) or a nongovernmental \n entity in Cuba, on or after May 2, 2006:\n ``(A) The entry into a contract that includes \n responsibility for the development of petroleum \n resources of the submerged lands of Cuba's northern \n coast, or the entry into a contract providing for the \n general supervision and guarantee of another person's \n performance of such a contract.\n ``(B) The purchase of a share of ownership, \n including an equity interest, in that development.\n ``(C) The entry into a contract providing for the \n participation in royalties, earnings, or profits in \n that development, without regard to the form of the \n participation.\n ``(D) The entry into, performance, or financing of \n a contract to sell or purchase goods, services, or \n technology related to that development.\n ``(3) Petroleum resources.--The term `petroleum resources' \n includes petroleum and natural gas resources.''.\n (b) Effective Date.--The amendment made by this section applies to \naliens seeking admission to the United States on or after the date of \nthe enactment of this Act.\n\nSEC. 3. IMPOSITION OF SANCTIONS.\n\n (a) In General.--The President shall impose two or more of the \nsanctions described in subsection (b) if the President determines that \na person has, on or after May 2, 2006, made an investment that equals \nor exceeds $1,000,000 (or any combination of investments that in the \naggregate equals or exceeds $1,000,000 in any 12-month period) that \ncontributes to the enhancement of Cuba's ability to develop petroleum \nresources of the submerged lands of Cuba's northern coast.\n (b) Sanctions Described.--The sanctions to be imposed on a \nsanctioned person under this section are as follows:\n (1) Export-import bank assistance for exports to sanctioned \n persons.--The President may direct the Export-Import Bank of \n the United States not to give approval to the issuance of any \n guarantee, insurance, extension of credit, or participation in \n the extension of credit in connection with the export of any \n goods or services to any sanctioned person.\n (2) Export sanction.--The President may order the United \n States Government not to issue any specific license and not to \n grant any other specific permission or authority to export any \n goods or technology to a sanctioned person under--\n (A) the Export Administration Act of 1979;\n (B) the Arms Export Control Act;\n (C) the Atomic Energy Act of 1954; or\n (D) any other statute that requires the prior \n review and approval of the United States Government as \n a condition for the export or reexport of goods or \n services.\n (3) Loans from united states financial institutions.--The \n United States Government may prohibit any United States \n financial institution from making loans or providing credits to \n any sanctioned person totaling more than $10,000,000 in any 12-\n month period unless such person is engaged in activities to \n relieve human suffering and the loans or credits are provided \n for such activities.\n (4) Prohibitions on financial institutions.--The following \n prohibitions may be imposed against a sanctioned person that is \n a financial institution:\n (A) Prohibition on designation as primary dealer.--\n Neither the Board of Governors of the Federal Reserve \n System nor the Federal Reserve Bank of New York may \n designate, or permit the continuation of any prior \n designation of, such financial institution as a primary \n dealer in United States Government debt instruments.\n (B) Prohibition on service as a repository of \n government funds.--Such financial institution may not \n serve as agent of the United States Government or serve \n as repository for United States Government funds.\n The imposition of either sanction under subparagraph (A) or (B) \n shall be treated as one sanction for purposes of this section, \n and the imposition of both such sanctions shall be treated as \n two sanctions for purposes of this section.\n (5) Procurement sanction.--The United States Government may \n not procure, or enter into any contract for the procurement of, \n any goods or services from a sanctioned person.\n (c) Person Defined.--In this section, the term ``person'' includes \na foreign subsidiary of a person referred to in subsection (a).","summary":"States that it shall be US policy to: (1) undertake measures to deny the Cuban regime the financial resources to engage in activities that threaten US national security and other interests, threaten the environment and natural resources of northern Cuba and Florida, and prolong the dictatorship that oppresses the Cuban people. And (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from US entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment of $1 million or more , that significantly contributes to Cuba's ability to develop petroleum and natural gas resources off its north coast. Or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation. Or (2) where a transition government is in place. Defines investment for purposes of this Act. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast.","title":"To exclude from admission to the United States aliens who have made investments contributing to the enhancement of the ability of Cuba to develop its petroleum resources, and for other purposes.","text_len":8139,"sum_len":1437} {"bill_id":"112_s482","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Tax Prevention Act of 2011''.\n\nSEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.\n\n (a) In General.--Title III of the Clean Air Act (42 U.S.C. 7601 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.\n\n ``(a) Definition.--In this section, the term `greenhouse gas' means \nany of the following:\n ``(1) Water vapor.\n ``(2) Carbon dioxide.\n ``(3) Methane.\n ``(4) Nitrous oxide.\n ``(5) Sulfur hexafluoride.\n ``(6) Hydrofluorocarbons.\n ``(7) Perfluorocarbons.\n ``(8) Any other substance subject to, or proposed to be \n subject to, regulation, action, or consideration under this Act \n to address climate change.\n ``(b) Limitation on Agency Action.--\n ``(1) Limitation.--\n ``(A) In general.--The Administrator may not, under \n this Act, promulgate any regulation concerning, take \n action relating to, or take into consideration the \n emission of a greenhouse gas to address climate change.\n ``(B) Air pollutant definition.--The definition of \n the term `air pollutant' in section 302(g) does not \n include a greenhouse gas. Nothwithstanding the previous \n sentence, such definition may include a greenhouse gas \n for purposes of addressing concerns other than climate \n change.\n ``(2) Exceptions.--Paragraph (1) does not prohibit the \n following:\n ``(A) Notwithstanding paragraph (4)(B), \n implementation and enforcement of the rule entitled \n `Light-Duty Vehicle Greenhouse Gas Emission Standards \n and Corporate Average Fuel Economy Standards' (75 Fed. \n Reg. 25324 (May 7, 2010) and without further revision) \n and finalization, implementation, enforcement, and \n revision of the proposed rule entitled `Greenhouse Gas \n Emissions Standards and Fuel Efficiency Standards for \n Medium- and Heavy-Duty Engines and Vehicles' published \n at 75 Fed. Reg. 74152 (November 30, 2010).\n ``(B) Implementation and enforcement of section \n 211(o).\n ``(C) Statutorily authorized Federal research, \n development, and demonstration programs addressing \n climate change.\n ``(D) Implementation and enforcement of title VI to \n the extent such implementation or enforcement only \n involves one or more class I or class II substances (as \n such terms are defined in section 601).\n ``(E) Implementation and enforcement of section 821 \n (42 U.S.C. 7651k note) of Public Law 101-549 (commonly \n referred to as the `Clean Air Act Amendments of 1990').\n ``(3) Inapplicability of provisions.--Nothing listed in \n paragraph (2) shall cause a greenhouse gas to be subject to \n part C of title I (relating to prevention of significant \n deterioration of air quality) or considered an air pollutant \n for purposes of title V (relating to air permits).\n ``(4) Certain prior agency actions.--The following rules, \n and actions (including any supplement or revision to such rules \n and actions) are repealed and shall have no legal effect:\n ``(A) `Mandatory Reporting of Greenhouse Gases', \n published at 74 Fed. Reg. 56260 (October 30, 2009).\n ``(B) `Endangerment and Cause or Contribute \n Findings for Greenhouse Gases under section 202(a) of \n the Clean Air Act' published at 74 Fed. Reg. 66496 \n (Dec. 15, 2009).\n ``(C) `Reconsideration of the Interpretation of \n Regulations That Determine Pollutants Covered by Clean \n Air Act Permitting Programs' published at 75 Fed. Reg. \n 17004 (April 2, 2010) and the memorandum from Stephen \n L. Johnson, Environmental Protection Agency (EPA) \n Administrator, to EPA Regional Administrators, \n concerning `EPA's Interpretation of Regulations that \n Determine Pollutants Covered by Federal Prevention of \n Significant Deterioration (PSD) Permit Program' (Dec. \n 18, 2008).\n ``(D) `Prevention of Significant Deterioration and \n Title V Greenhouse Gas Tailoring Rule', published at 75 \n Fed. Reg. 31514 (June 3, 2010).\n ``(E) `Action To Ensure Authority To Issue Permits \n Under the Prevention of Significant Deterioration \n Program to Sources of Greenhouse Gas Emissions: Finding \n of Substantial Inadequacy and SIP Call', published at \n 75 Fed. Reg. 77698 (December 13, 2010).\n ``(F) `Action To Ensure Authority To Issue Permits \n Under the Prevention of Significant Deterioration \n Program to Sources of Greenhouse Gas Emissions: Finding \n of Failure to Submit State Implementation Plan \n Revisions Required for Greenhouse Gases', published at \n 75 Fed. Reg. 81874 (December 29, 2010).\n ``(G) `Action To Ensure Authority To Issue Permits \n Under the Prevention of Significant Deterioration \n Program to Sources of Greenhouse Gas Emissions: Federal \n Implementation Plan', published at 75 Fed. Reg. 82246 \n (December 30, 2010).\n ``(H) `Action To Ensure Authority To Implement \n Title V Permitting Programs Under the Greenhouse Gas \n Tailoring Rule', published at 75 Fed. Reg. 82254 \n (December 30, 2010).\n ``(I) `Determinations Concerning Need for Error \n Correction, Partial Approval and Partial Disapproval, \n and Federal Implementation Plan Regarding Texas \n Prevention of Significant Deterioration Program', \n published at 75 Fed. Reg. 82430 (December 30, 2010).\n ``(J) `Limitation of Approval of Prevention of \n Significant Deterioration Provisions Concerning \n Greenhouse Gas Emitting-Sources in State Implementation \n Plans; Final Rule', published at 75 Fed. Reg. 82536 \n (December 30, 2010).\n ``(K) `Determinations Concerning Need for Error \n Correction, Partial Approval and Partial Disapproval, \n and Federal Implementation Plan Regarding Texas \n Prevention of Significant Deterioration Program; \n Proposed Rule', published at 75 Fed. Reg. 82365 \n (December 30, 2010).\n ``(L) Except for action listed in paragraph (2), \n any other Federal action under this Act occurring \n before the date of enactment of this section that \n applies a stationary source permitting requirement or \n an emissions standard for a greenhouse gas to address \n climate change.\n ``(5) State action.--\n ``(A) No limitation.--This section does not limit \n or otherwise affect the authority of a State to adopt, \n amend, enforce, or repeal State laws and regulations \n pertaining to the emission of a greenhouse gas.\n ``(B) Exception.--\n ``(i) Rule.--Notwithstanding subparagraph \n (A), any provision described in clause (ii)--\n ``(I) is not federally enforceable;\n ``(II) is not deemed to be a part \n of Federal law; and\n ``(III) is deemed to be stricken \n from the plan described in clause \n (ii)(I) or the program or permit \n described in clause (ii)(II), as \n applicable.\n ``(ii) Provisions defined.--For purposes of \n clause (i), the term `provision' means any \n provision that--\n ``(I) is contained in a State \n implementation plan under section 110 \n and authorizes or requires a limitation \n on, or imposes a permit requirement \n for, the emission of a greenhouse gas \n to address climate change; or\n ``(II) is part of an operating \n permit program under title V, or a \n permit issued pursuant to title V, and \n authorizes or requires a limitation on \n the emission of a greenhouse gas to \n address climate change.\n ``(C) Action by administrator.--The Administrator \n may not approve or make federally enforceable any \n provision described in subparagraph (B)(ii).''.\n\nSEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.\n\n Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by \nadding at the end the following:\n ``(4) With respect to standards for emissions of greenhouse \n gases (as defined in section 330) for model year 2017 or any \n subsequent model year for new motor vehicles and new motor \n vehicle engines--\n ``(A) the Administrator may not waive application \n of subsection (a); and\n ``(B) no waiver granted prior to the date of \n enactment of this paragraph may be considered to waive \n the application of subsection (a).''.","summary":"Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of air pollutant for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards and finalization, implementation, enforcement, and revision of the proposed rule, Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, (2) implementation of the renewable fuel program. (3) statutorily authorized federal research, development, and demonstration programs addressing climate change. (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances. And (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.","title":"A bill to amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.","text_len":10489,"sum_len":1933} {"bill_id":"114_hr3602","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gold King Mine Spill Recovery Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) on August 5, 2015, approximately 3,000,000 gallons of \n contaminated water was discharged from the Gold King Mine north \n of Silverton, Colorado, into Cement Creek, a tributary of the \n Animas River, while contractors of the Environmental Protection \n Agency were conducting an investigation of the mine--\n (A) to assess the ongoing water releases from the \n mine;\n (B) to treat mine water; and\n (C) to assess the feasibility of further mine \n remediation;\n (2) the plume of contaminated water resulting from the \n discharge described in paragraph (1)--\n (A) was found to contain high levels of heavy \n metals, including aluminum, arsenic, cadmium, cobalt, \n copper, iron, lead, manganese, mercury, molybdenum, \n nickel, and zinc; and\n (B) flowed through the Animas River, the San Juan \n River, and Lake Powell;\n (3) as of the date of enactment of this Act, with respect \n to the discharge described in paragraph (1)--\n (A) state of emergency declarations have been made \n by--\n (i) the States of Colorado, New Mexico, and \n Utah; and\n (ii) the Navajo Nation; and\n (B) a declaration of disaster has been issued by \n the Southern Ute Indian Tribe; and\n (4) on August 11, 2015, Administrator of the Environmental \n Protection Agency Gina McCarthy stated that the Environmental \n Protection Agency will take full responsibility for the \n discharge described in paragraph (1).\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Gold king mine spill.--The term ``Gold King Mine \n spill'' means the discharge on August 5, 2015, of approximately \n 3,000,000 gallons of contaminated water from the Gold King Mine \n north of Silverton, Colorado, into Cement Creek that occurred \n while contractors of the Environmental Protection Agency were \n conducting an investigation of the Gold King Mine.\n (3) Injured person.--The term ``injured person'' means a \n person that--\n (A) suffered injury resulting from the Gold King \n Mine spill; and\n (B) is--\n (i) an individual, regardless of the \n citizenship or alien status of the individual;\n (ii) an Indian tribe, tribal corporation, \n or other tribal organization;\n (iii) a corporation, business, partnership, \n company, association, insurer, county, \n township, city, State or political subdivision \n of a State, school district, ditch company, \n special district, water district, water \n company, the Animas-La Plata Operation, \n Maintenance and Replacement Association, or \n other non-Federal entity; or\n (iv) a legal representative of an \n individual or entity described in any of \n clauses (i) through (iii).\n (4) Injury.--The term ``injury'' means any damage to, or \n loss of, property, or a personal injury or death, caused by a \n negligent or wrongful act or omission of a Federal officer, \n employee, contractor, or subcontractor while acting within the \n scope of office, employment, or contract, under circumstances \n in which the Federal officer, employee, contractor, or \n subcontractor, if a private person, would be liable to the \n claimant in accordance with the law of the jurisdiction in \n which the act or omission occurred.\n (5) Office.--The term ``Office'' means the Office of Gold \n King Mine Spill Claims established by section 4(b)(1).\n\nSEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.\n\n (a) Federal Tort Claims.--\n (1) In general.--Subject to paragraph (4), each injured \n person shall be entitled to receive from the United States \n compensation for a claim filed, or civil action brought, under \n chapter 171 of title 28, United States Code (commonly known as \n the ``Federal Tort Claims Act''), arising out of or relating to \n an injury resulting from the Gold King Mine spill.\n (2) Effect of acceptance.--The acceptance by an injured \n person of compensation under paragraph (1) shall have the same \n effect as acceptance of compensation under chapter 171 of title \n 28, United States Code (commonly known as the ``Federal Tort \n Claims Act''), or any other Federal or State law, arising out \n of or relating to the Gold King Mine spill.\n (3) Requirement.--The Administrator and the Attorney \n General shall process a claim filed, or civil action brought, \n pursuant to paragraph (1) as expeditiously as practicable.\n (4) Nonapplicability of limitation.--With respect to any \n claim under this Act arising out of, or relating to, an injury \n resulting from the Gold King Mine spill--\n (A) the maximum amount limitation on claims \n described in the proviso of the first sentence of \n section 2672 of title 28, United States Code, shall be \n waived; and\n (B) the Administrator may provide compensation for \n the claim in an amount greater than $25,000 without \n prior written approval of the Attorney General (or a \n designee), as the Administrator determines to be \n appropriate.\n (b) Office of Gold King Mine Spill Claims.--\n (1) Establishment.--There is established within the \n Environmental Protection Agency an Office of Gold King Mine \n Spill Claims.\n (2) Purpose.--The Office shall receive, process, and pay \n claims in accordance with this section.\n (3) Treatment.--The establishment of the Office by this \n subsection shall not diminish the ability of the Administrator \n to carry out the responsibilities of the Environmental \n Protection Agency under any other provision of law.\n (4) Detailees.--On request of the Administrator, the head \n of any Federal department or agency may detail, on a \n reimbursable basis, any personnel of that department or agency \n to the Office to assist in carrying out the duties under this \n Act.\n (c) Allowable Damages.--\n (1) Property loss.--A claim that is paid for loss of \n property under this section may include otherwise-uncompensated \n damages resulting from the Gold King Mine spill for--\n (A) a cost resulting from lost tribal subsistence \n from hunting, fishing, firewood gathering, timbering, \n grazing, or agricultural activities, or from lost use \n for traditional or ceremonial uses, conducted on land \n or water damaged by the Gold King Mine spill;\n (B) a cost of reforestation or revegetation on \n tribal or non-Federal land, to the extent that the cost \n of reforestation or revegetation is not covered by any \n other Federal program;\n (C) any costs borne by any injured person to \n determine the extent of--\n (i) the damages to agricultural land; or\n (ii) any other damages covered by this Act;\n (D) any costs borne by an injured person who had to \n pay for water supplies or equipment to treat water \n during the period for which a water supply of the \n injured person was compromised by the Gold King Mine \n spill; and\n (E) any other loss that the Administrator \n determines to be appropriate for inclusion as loss of \n property.\n (2) Business loss.--A claim that is paid for an injury \n under this section may include damages resulting from the Gold \n King Mine spill for the following types of otherwise \n uncompensated business loss:\n (A) Damage to tangible assets or inventory.\n (B) Business interruption losses.\n (C) Overhead costs.\n (D) Employee wages for work not performed.\n (E) Any other loss that the Administrator \n determines to be appropriate for inclusion as a \n business loss.\n (3) Financial loss.--A claim that is paid for an injury \n under this section may include damages resulting from the Gold \n King Mine spill for the following types of otherwise \n uncompensated financial loss:\n (A) An insurance deductible.\n (B) Lost wages or personal income.\n (C) Emergency staffing expenses.\n (D) Debris removal and other cleanup costs.\n (E) Any other loss that the Administrator \n determines to be appropriate for inclusion as a \n financial loss.\n\nSEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS \n SUPERFUND SITE.\n\n (a) Gold King Mine Spill Response Program.--\n (1) In general.--The Administrator shall work with affected \n States and Indian tribes to develop, fund, and implement a \n long-term monitoring program for water quality of the Animas \n and San Juan Rivers in response to the Gold King Mine spill.\n (2) Requirement.--The program under paragraph (1) shall \n provide--\n (A) full disclosure to the public of applicable \n water quality and sediment data; and\n (B) a clear and meaningful comparison between those \n data and all relevant water quality standards.\n (b) Sense of Congress.--It is the sense of Congress that the \nAdministrator should--\n (1) consult with all local communities along the Animas and \n San Juan Rivers affected by the Gold King Mine spill, the \n Navajo Nation, the Southern Ute Indian Tribe, and the States of \n Colorado and New Mexico to determine whether it is appropriate \n to seek a designation for the Upper Animas River watershed on \n the National Priorities List under the Comprehensive \n Environmental Response, Compensation, and Liability Act of 1980 \n (42 U.S.C. 9601 et seq.); and\n (2) prioritize the construction of a water treatment plant \n in the Upper Animas River basin to significantly reduce the \n ongoing heavy metal discharge into the Animas River from Cement \n Creek.\n\nSEC. 6. AMENDMENT TO CERCLA.\n\n Title I of the Comprehensive Environmental Response, Compensation, \nand Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding \nat the end the following:\n\n``SEC. 129. MINING-RELATED PROVISIONS.\n\n ``(a) Assessments.--The Administrator, the Secretary of \nAgriculture, and the Secretary of the Interior, in coordination with \nthe Governors of affected States, the heads of appropriate research \nuniversities, and the heads of other relevant Federal departments and \nagencies, shall--\n ``(1) not later than 180 days after the date of enactment \n of this section, review known, existing abandoned and inactive \n mines--\n ``(A) to identify the most dangerous abandoned and \n inactive mines on public land and private land with \n respect to the existence of pollution and the potential \n to release any hazardous substance or other pollutant, \n particularly with respect to contamination of water; \n and\n ``(B) to establish a priority plan for activities \n for removal and remediation of the hazardous substances \n and other pollutants;\n ``(2) periodically thereafter, as appropriate, update the \n priority plan established under paragraph (1)(B) as new \n information becomes available; and\n ``(3) develop a long-term research initiative to evaluate \n the physical, chemical, and geological attributes of closed, \n abandoned, and inactive mines and pursue technological \n developments to aid in the cleanup of such mines.\n ``(b) Actions Prior to Certain Activities.--Before conducting any \nactivity at a mine that presents the significant potential for \naccidental discharge of a hazardous substance or other pollutant, the \nAdministrator or the head of any other Federal department or agency \ncarrying out an activity for mine remediation shall--\n ``(1) provide to each tribal, State, and local unit of \n government the resources or residents of which may be affected \n by such a discharge notice regarding the activity; and\n ``(2) develop a spill prevention, control, and \n countermeasures plan to avoid and mitigate the impacts of such \n a discharge.''.\n\nSEC. 7. EFFECT OF ACT.\n\n Nothing in this Act (or an amendment made by this Act) provides for \ncompensation of any injured person pursuant to this Act (or an \namendment made by this Act) from the Hazardous Substances Superfund \nestablished by section 9507(a) of the Internal Revenue Code of 1986.","summary":"Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities. And (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill.","title":"Gold King Mine Spill Recovery Act of 2015","text_len":14282,"sum_len":1521} {"bill_id":"114_hr6120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Secondary Payer Advancement, \nRationalization, and Clarification Act'' or the ``SPARC Act''.\n\nSEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG \n SECONDARY CLAIMS RESPONSIBILITY.\n\n (a) In General.--Section 1860D-2(a)(4) of the Social Security Act \n(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:\n ``(4) Secondary payor and recovery rights.--\n ``(A) In general.--\n ``(i) Application of secondary payor.--A \n prescription drug plan shall be secondary payor \n to any valid and collectible payment from a \n primary drug plan (as defined in clause (iv)) \n until such time as such primary drug plan pays \n a final settlement, judgment, or award to an \n individual enrolled under the prescription drug \n plan with regard to an injury or illness \n involved or otherwise terminates its ongoing \n responsibility for medical payments with \n respect to the individual.\n ``(ii) Limitation on parties making \n prescription drug plans primary.--A primary \n drug plan (as defined in clause (iv), other \n than a group health plan or multiemployer or \n multiple employer plan of, or contributed to \n by, an employer that has 20 or fewer employees \n for each working day in each of 20 or more \n calendar weeks in the calendar year involved or \n the preceding calendar year), a self-insured \n plan, a service benefit plan, a managed care \n organization, a pharmacy benefit manager, or \n other party that, by statute, contract, or \n agreement, is legally responsible for payment \n of a claim for a covered outpatient drug, in \n enrolling an individual or in making any \n payments for benefits to the individual or on \n the individual's behalf, may not take into \n account that the individual is enrolled under a \n prescription drug plan under this part or is \n eligible for or is provided coverage for \n covered part D drugs under this part.\n ``(iii) Limitation on secretarial claims \n through subrogation.--The Secretary shall not \n assert any claim on behalf or against a \n prescription drug plan, other than through the \n recovery from such a plan of amounts paid \n related to a covered part D drug event that has \n been repaid to the plan through a subrogation \n action.\n ``(iv) Primary drug plan defined.--In this \n paragraph, the term `primary drug plan' means, \n with respect to benefits for covered part D \n drugs, a group health plan or large group \n health plan (other than a group health plan or \n multiemployer or multiple employer plan of, or \n contributed to by, an employer that has 20 or \n fewer employees for each working day in each of \n 20 or more calendar weeks in the calendar year \n involved or the preceding calendar year), a \n workers' compensation law or plan, an \n automobile or liability insurance policy or \n plan (including a self-insured plan) or no-\n fault insurance insofar as such a plan, law, \n policy, or insurance provides such benefits, \n insofar as, under the provisions of section \n 1862(b)(2), such coverage would be treated as a \n primary plan if benefits for covered part D \n drugs were treated as benefits under parts A \n and B. For purposes of this clause, an entity \n that engages in a business, trade, or \n profession shall be deemed to have a self-\n insured plan if it carries its own risk \n (whether by a failure to obtain insurance, or \n otherwise) in whole or in part.\n ``(B) Recovery.--A prescription drug plan shall be \n subrogated (to the extent of payment made under this \n part by the plan for any covered part D drug before the \n date the plan received notice pursuant to subparagraph \n (D)) to any right of an individual or any other entity \n to payment, with respect to such covered part D drug, \n under a primary drug plan. A subrogation claim may not \n be asserted pursuant to this subparagraph by a \n prescription drug plan with respect to a payment for a \n covered part D drug after the date that is 3 years \n after the date such plan receives notice of a payment, \n with respect to such covered part D drug, pursuant to \n subparagraph (D). Any such subrogation claim shall be \n the exclusive legal remedy of the PDP sponsor of the \n plan and shall be reduced to take into account the cost \n of procuring the judgment or settlement with respect to \n such claim if an individual's liability, workers' \n compensation, or no-fault claim is disputed. Any costs \n or expense incurred by a prescription drug plan related \n to recoveries pursuant to this subparagraph shall not \n be considered an administrative cost or expense, as \n those terms are used in this part.\n ``(C) Waiver.--A prescription drug plan may waive \n (in whole or in part) the provisions of this paragraph \n in the case of an individual claim if the plan \n determines that the waiver is in the best interests of \n the program established under this part.\n ``(D) Coordination of benefits information.--Not \n later than 15 days after the date the Secretary \n receives information under paragraph (7) or (8) of \n section 1862(b) relating to an individual enrolled in a \n prescription drug plan during an applicable time, the \n Secretary shall provide such information to such \n prescription drug plan in a format convenient and \n accessible to such plans. The Secretary shall waive any \n requirements under this part that a prescription drug \n plan establish procedures for determining whether costs \n for part D eligible individuals are being reimbursed \n through insurance or otherwise or identify payers that \n are primary to the program under subparagraph (A)(ii) \n other than as required under this paragraph.\n ``(E) Coordination of benefits.--A prescription \n drug plan shall, in the case of receipt of a notice \n pursuant to subparagraph (D) related to an enrollee for \n whom a primary drug plan has reported on ongoing \n responsibility for medical costs pursuant to paragraph \n (7) or (8) of section 1862(b), authorize the provider \n of such covered part D drug to charge, in accordance \n with the charges allowed under the prescription drug \n plan, such primary drug plan for such covered part D \n drug related to or arising out of the treatment \n accident or injury subject to such notice (other than \n payments subject to a claim under subparagraph (B) or \n (F)) for the period in which the enrollee remains \n enrolled in such plan through the date upon which such \n primary drug plan has terminated such ongoing \n responsibility for medical payments.\n ``(F) Use of website to determine final \n reimbursement amount.--\n ``(i) Notification of plans.--Not later \n than 10 days after the date the Secretary \n receives a notice under section \n 1862(b)(2)(B)(vii)(I) relating to an individual \n during the period the individual is enrolled in \n a prescription drug plan, the Secretary shall \n provide such notice to the plan.\n ``(ii) Statement by plan.--\n ``(I) In general.--Not later than \n 20 days after the date a plan receives \n a notice under clause (i), the plan may \n provide the Secretary with a statement \n of any covered part D drug for which \n the plan seeks reimbursement, including \n the amount of such reimbursement.\n ``(II) Failure to provide \n statement.--The prescription drug plan \n shall be deemed to have waived its \n rights under subparagraph (B)--\n ``(aa) in the case that the \n prescription drug plan does not \n provide such statement by such \n date, with respect to any \n covered part D drug provided to \n such individual with respect to \n such notice; and\n ``(bb) in the case that the \n prescription drug plan provides \n such statement by such date, \n with respect to any covered \n part D drug provided to such \n individual which was not \n identified in the notice.\n ``(iii) Inclusion of information on \n website.--The Secretary shall include any \n covered part D drug identified by a \n prescription drug plan pursuant to clause (ii) \n within the Secretary's statement of \n reimbursement amount on the website as \n described in section 1862(b)(2)(B)(vii).\n ``(iv) Collection.--The Secretary may \n collect (on behalf of a prescription drug plan) \n the reimbursement amount for covered part D \n drugs, as identified pursuant to clause (ii), \n from the individual involved or the primary \n drug plan pursuant to the procedures set forth \n under section 1862(b)(2)(B)(vii). Any such \n amounts collected by the Secretary for covered \n part D drugs shall be remitted directly by the \n Secretary to the appropriate prescription drug \n plan that enrolled the individual related to \n the notice during the applicable time period \n for which such individual was enrolled.''.\n (b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security \nAct (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third-\nparty reimbursement.--'' and inserting ``third-party reimbursement.--\nSolely for the purpose of applying the requirements of subparagraph \n(C)(ii):''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to drugs dispensed in years beginning more than 6 months after \nthe date of the enactment of this Act.","summary":"Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.","title":"SPARC Act","text_len":13085,"sum_len":416} {"bill_id":"104_hr2756","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Health Security Partnership \nAct of 1995.''\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds as follows:\n (1) 40 million Americans do not have health insurance \n coverage.\n (2) Cost shifting among payers and providers contributes to \n the increasing cost of health care in the United States.\n (3) The only means of ending this cost shifting is to \n ensure that each individual in the United States has health \n insurance coverage.\n (b) Purpose.--It is the purpose of this Act to provide assistance \nto each State to enable the State to ensure, in the manner the State \nitself considers most appropriate, that each individual has health \ninsurance coverage at least equivalent to the coverage provided to \nemployees of the Federal Government.\n\nSEC. 3. STATE DEFINED.\n\n In this Act, the term ``State'' means each of the 50 States and the \nDistrict of Columbia.\n\n TITLE I--FEDERAL PAYMENTS TO STATES\n\nSEC. 101. PAYMENTS TO STATES WITH CERTIFIED PLANS.\n\n For purposes of assisting States in carrying out plans approved \nunder title II, the Secretary of Health and Human Services (hereafter \nin this Act referred to as the ``Secretary'') shall make payments to \nStates with comprehensive health insurance plans certified under title \nII for a fiscal year in an amount determined under section 102.\n\nSEC. 102. AMOUNT OF STATE PAYMENT.\n\n The amount of payment made to a State for a fiscal year under \nsection 101 shall be equal to the State's allocation of the total \namount available for payments under this title for the fiscal year \nunder section 103, as determined in accordance with the following \nformula:\n (1) 50 percent of the total amount available shall be \n allocated among the States on the basis of the ratio of the \n population of each State to the population of all States.\n (2) 50 percent of the total amount available shall be \n allocated among the States in amounts determined in accordance \n with the representative revenue system established by the \n Advisory Commission on Intergovernmental Relations.\n\nSEC. 103. TOTAL AMOUNT AVAILABLE FOR PAYMENTS.\n\n The total amount available for payments to States for a fiscal year \nunder this title is equal to the following:\n (1) For fiscal year 1998, $1,000,000,000.\n (2) For fiscal year 1999, $2,000,000,000.\n (3) For fiscal year 2000, $28,000,000,000.\n (4) For fiscal year 2001, $29,000,000,000.\n (5) For fiscal year 2002, $30,000,000,000.\n (6) For fiscal year 2003, $31,000,000,000.\n\n TITLE II--REQUIREMENTS FOR COMPREHENSIVE HEALTH PLANS\n\nSEC. 201. IMPLEMENTATION OF CERTIFIED HEALTH INSURANCE PLANS BY STATES.\n\n (a) In General.--Not later than July 1, 1999, each State shall \nsubmit to the Secretary a comprehensive health insurance plan designed \nto be administered by the State and containing the provisions required \nunder this title, and shall have such plan in place and operating not \nlater than January 1, 2000.\n (b) Certification of Plans by Secretary.--The Secretary shall \ncertify for a fiscal year those State plans developed and implemented \nunder this title which meet the applicable requirements of this title \nfor the fiscal year.\n\nSEC. 202. REQUIRED PROVISIONS OF HEALTH INSURANCE PLAN.\n\n Each State shall have maximum flexibility in developing and \nimplementing its comprehensive health insurance plan under this title, \nexcept that the plan shall include at least the following provisions:\n (1) Coverage.--Health insurance coverage meeting the \n requirements of this title for all individuals in the State \n without regard to employment status, income, or pre-existing \n condition or other health status.\n (2) Portability and guaranteed renewal.--A prohibition \n against the denial, cancellation, or refusal to renew the \n coverage of an individual or employer except--\n (A) on the basis of nonpayment of premiums,\n (B) on the basis of fraud or misrepresentation, or\n (C) because the plan is ceasing to provide any \n coverage in a geographic area.\n (3) Benefits.--\n (A) Comparable to fehbp.--Coverage comparable to \n the coverage available to employees of the Federal \n Government under the Federal Employees Health Benefits \n Program (FEHBP) (as determined by the Secretary). \n Coverage under title XVIII of the Social Security Act \n or coverage under a State plan under title XIX of such \n Act shall be deemed to meet the requirement of the \n previous sentence.\n (B) Availability of home- and community-based \n care.--The offering of home- and community-based care \nas an alternative to institutional care if medically appropriate.\n (4) Community rating of premiums.--A requirement that the \n premium charged shall be equivalent for all individuals within \n any community, except that the premium may vary with respect to \n an individual on the basis of the individual's age or the \n number of members of the individual's family covered.\n (5) State supplemental premium payments.--The payment by \n the State of supplemental amounts to ensure that all \n individuals may obtain coverage at reasonable rates.\n (6) Quality of care.--The creation of adequate mechanisms \n designed to assure, monitor, and maintain the provision of high \n quality health care to individuals in the State.\n (7) Cost containment.--The creation of adequate mechanisms \n designed to control premiums and the costs of providing high \n quality health care to individuals in the State.\n\nSEC. 203. WAIVER OF ERISA LIMITATION ON STATE REGULATION OF SELF-\n INSURED PLANS.\n\n Section 514(b) of the Employee Retirement Income Security Act of \n1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following \nparagraph:\n ``(9) Subsection (a) shall not apply to any State law to \n the extent such law conforms to or reflects the provisions of a \n comprehensive health insurance plan developed and implemented \n by the State and certified by the Secretary of Health and Human \n Services under title II of the American Health Security \n Partnership Act of 1995.''.\n\nSEC. 204. REQUIRING OPERATION OF CERTIFIED PLAN TO RECEIVE MEDICAID \n PAYMENTS.\n\n Section 1903 of the Social Security Act (42 U.S.C. 1396b) is \namended by adding at the end the following new subsection:\n ``(x)(1) In order to receive payments under this title for any \nquarter beginning on or after January 1, 2000, a State must have in \neffect a comprehensive health insurance plan certified for the fiscal \nyear in which the quarter occurs by the Secretary under section 201(b) \nof the American Health Security Partnership Act of 1995.\n ``(2)(A) The provisions of this subsection shall not apply to a \nState for any quarter--\n ``(i) that follows the quarter during which the State meets \n the requirements of this subsection; or\n ``(ii) with respect to which the Secretary determines that \n the State is unable to comply with the relevant requirements of \n this subsection--\n ``(I) for good cause (but such a waiver may not be \n for a period in excess of 4 quarters), or\n ``(II) due to circumstances beyond the control of \n such State.\n ``(B) For purposes of determining deadlines imposed under this \nsubsection, any time period during which a State was found under \nsubparagraph (A)(ii)(II) to be unable to comply with the requirements \nof this subsection shall not be taken into account, and the Secretary \nshall modify all such deadlines with respect to such State \naccordingly.''.\n\nSEC. 205. INCREASE IN MINIMUM COMMUNITY SPOUSE RESOURCE ALLOWANCE UNDER \n MEDICAID.\n\n (a) In General.--Section 1924(f)(2)(A)(i) of the Social Security \nAct (42 U.S.C. 1396r-5(f)(2)(A)(i)) is amended by striking ``$12,000'' \nand inserting ``$50,000''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to quarters beginning on or after October 1, 1995.\n\n TITLE III--FINANCING MECHANISMS\n\nSEC. 301. INCREASE IN TOP INCOME TAX RATE APPLICABLE TO CORPORATIONS.\n\n (a) In General.--Subsection (b) of section 11 of the Internal \nRevenue Code of 1986 is amended by striking ``35 percent'' each place \nit appears and inserting ``36 percent''.\n (b) Conforming Amendments.--\n (1) The last sentence of section 11(b) of such Code is \n amended by striking ``$100,000'' and inserting ``$200,000''.\n (2) Clause (iii) of section 852(b)(3)(D) of such Code is \n amended by striking ``65 percent'' and inserting ``64 \n percent''.\n (3) Subsection (a) of section 1201 of such Code is amended \n by striking ``35 percent'' each place it appears and inserting \n ``36 percent''.\n (4) Paragraphs (1) and (2) of section 1445(e) of such Code \n are each amended by striking ``35 percent'' and inserting ``36 \n percent''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.\n\nSEC. 302. REVISION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE UNDER \n MEDICAID.\n\n Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is \namended--\n (1) in the first sentence, by striking ``83 per centum'' \n and inserting ``the applicable maximum percentage described in \n the second sentence''; and\n (2) by inserting after the first sentence the following new \n sentence: ``In the previous sentence, the `applicable maximum \n percentage' is 83 per centum for quarters occurring during \n fiscal years prior to fiscal year 1998 and 60 per centum for \n quarters occurring during fiscal year 1998 and each succeeding \n fiscal year.''.\n\nSEC. 303. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS.\n\n (a) Cigarettes.--Subsection (b) of section 5701 of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``$12 per thousand ($10 per thousand on \n cigarettes removed during 1991 or 1992)'' in paragraph (1) and \n inserting ``$49.50 per thousand'', and\n (2) by striking ``$25.20 per thousand ($21 per thousand on \n cigarettes removed during 1991 or 1992)'' in paragraph (2) and \n inserting ``$103.95 per thousand''.\n (b) Cigars.--Subsection (a) of section 5701 of such Code is \namended--\n (1) by striking ``$1.125 cents per thousand (93.75 cents \n per thousand on cigars removed during 1991 or 1992)'' in \n paragraph (1) and inserting ``$38.62\\1\/2\\ per thousand'', and\n (2) by striking ``equal to'' and all that follows in \n paragraph (2) and inserting ``equal to 52.594 percent of the \n price for which sold but not more than $123.75 per thousand.''.\n (c) Cigarette Papers.--Subsection (c) of section 5701 of such Code \nis amended by striking ``0.75 cent (0.625 cent on cigarette papers \nremoved during 1991 or 1992)'' and inserting ``3.09 cents''.\n (d) Cigarette Tubes.--Subsection (d) of section 5701 of such Code \nis amended by striking ``1.5 cents (1.25 cents on cigarette tubes \nremoved during 1991 or 1992)'' and inserting ``6.19 cents''.\n (e) Smokeless Tobacco.--Subsection (e) of section 5701 of such Code \nis amended--\n (1) by striking ``36 cents (30 cents on snuff removed \n during 1991 or 1992)'' in paragraph (1) and inserting \n ``$12.86'', and\n (2) by striking ``12 cents (10 cents on chewing tobacco \n removed during 1991 or 1992)'' in paragraph (2) and inserting \n ``$12.62''.\n (f) Pipe Tobacco.--Subsection (f) of section 5701 of such Code is \namended by striking ``67.5 cents (56.25 cents on pipe tobacco removed \nduring 1991 or 1992)'' and inserting ``$13.17\\1\/2\\''.\n (g) Effective Date.--The amendments made by this section shall \napply to articles removed (as defined in section 5702(k) of the \nInternal Revenue Code of 1986) after December 31, 1996.\n\n TITLE IV--TAX DEDUCTIBILITY OF HEALTH INSURANCE\n\nSEC. 401. TAX DEDUCTIBILITY OF HEALTH INSURANCE.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions) is amended by redesignating section 220 as section 221 and \nby inserting after section 219 the following new section:\n\n``SEC. 220. HEALTH INSURANCE COSTS.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a deduction an amount equal to 80 percent (or 100 percent, \nin the case of an individual who is a self-employed individual within \nthe meaning of section 401(c)) of the amount paid during the taxable \nyear for insurance which constitutes medical care for the taxpayer, his \nspouse, and dependents.\n ``(b) Limitation Based on Earned Income.--No deduction shall be \nallowed under subsection (a) to the extent that the amount of such \ndeduction exceeds the sum of--\n ``(1) the taxpayer's wages, salaries, tips, and other \n employee compensation includible in gross income, plus\n ``(2) the taxpayer's earned income (as defined in section \n 401(c)(2)).\n ``(c) Other Coverage.--Subsection (a) shall not apply to any \ntaxpayer for any calendar month for which the taxpayer is eligible to \nparticipate in any subsidized health plan maintained by any employer of \nthe taxpayer or of the spouse of the taxpayer.\n ``(d) Special Rules.--\n ``(1) Coordination with medical deduction, etc.--Any amount \n paid by a taxpayer for insurance to which subsection (a) \n applies shall not be taken into account in computing the amount \n allowable to the taxpayer as a deduction under section 213(a).\n ``(2) Deduction not allowed for self-employment tax \n purposes.--The deduction allowable by reason of this section \n shall not be taken into account in determining an individual's \n net earnings from self-employment (within the meaning of \n section 1402(a)) for purposes of chapter 2.''\n (b) Conforming Amendments.--\n (1) Subsection (l) of section 162 of such Code is hereby \n repealed.\n (2) Subsection (a) of section 62 of such Code is amended by \n inserting after paragraph (15) the following new item:\n ``(16) Health insurance costs.--The deduction allowed by \n section 220.''\n (3) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by striking the last item and \n inserting the following new items:\n\n ``Sec. 220. Health insurance costs.\n ``Sec. 221. Cross reference.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.","summary":"TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit and operate a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State. (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX, (3) home- and community-based care when medically appropriate, (4) community premium rating. (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates, (6) quality control mechanisms. And (7) premium control and cost control mechanisms. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. Modifies the method for determining the amount of the community spouse resource allowance for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care.","title":"American Health Security Partnership Act of 1995","text_len":15505,"sum_len":1975} {"bill_id":"105_hr2265","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Electronic Theft (NET) Act''.\n\nSEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.\n\n (a) Definition of Financial Gain.--Section 101 of title 17, United \nStates Code, is amended by inserting after the undesignated paragraph \nrelating to the term ``display'', the following new paragraph:\n ``The term `financial gain' includes receipt, or expectation of \n receipt, of anything of value, including the receipt of other \n copyrighted works.''.\n (b) Criminal Offenses.--Section 506(a) of title 17, United States \nCode, is amended to read as follows:\n ``(a) Criminal Infringement.--Any person who infringes a copyright \nwillfully either--\n ``(1) for purposes of commercial advantage or private financial \n gain, or\n ``(2) by the reproduction or distribution, including by \n electronic means, during any 180-day period, of 1 or more copies or \n phonorecords of 1 or more copyrighted works, which have a total \n retail value of more than $1,000,\nshall be punished as provided under section 2319 of title 18, United \nStates Code. For purposes of this subsection, evidence of reproduction \nor distribution of a copyrighted work, by itself, shall not be \nsufficient to establish willful infringement.''.\n (c) Limitation on Criminal Proceedings.--Section 507(a) of title \n17, United States Code, is amended by striking ``three'' and inserting \n``5''.\n (d) Criminal Infringement of a Copyright.--Section 2319 of title \n18, United States Code, is amended--\n (1) in subsection (a), by striking ``subsection (b)'' and \n inserting ``subsections (b) and (c)'';\n (2) in subsection (b)--\n (A) in the matter preceding paragraph (1), by striking \n ``subsection (a) of this section'' and inserting ``section \n 506(a)(1) of title 17''; and\n (B) in paragraph (1)--\n (i) by inserting ``including by electronic means,'' \n after ``if the offense consists of the reproduction or \n distribution,''; and\n (ii) by striking ``with a retail value of more than \n $2,500'' and inserting ``which have a total retail value of \n more than $2,500''; and\n (3) by redesignating subsection (c) as subsection (e) and \n inserting after subsection (b) the following:\n ``(c) Any person who commits an offense under section 506(a)(2) of \ntitle 17, United States Code--\n ``(1) shall be imprisoned not more than 3 years, or fined in \n the amount set forth in this title, or both, if the offense \n consists of the reproduction or distribution of 10 or more copies \n or phonorecords of 1 or more copyrighted works, which have a total \n retail value of $2,500 or more;\n ``(2) shall be imprisoned not more than 6 years, or fined in \n the amount set forth in this title, or both, if the offense is a \n second or subsequent offense under paragraph (1); and\n ``(3) shall be imprisoned not more than 1 year, or fined in the \n amount set forth in this title, or both, if the offense consists of \n the reproduction or distribution of 1 or more copies or \n phonorecords of 1 or more copyrighted works, which have a total \n retail value of more than $1,000.\n ``(d)(1) During preparation of the presentence report pursuant to \nRule 32(c) of the Federal Rules of Criminal Procedure, victims of the \noffense shall be permitted to submit, and the probation officer shall \nreceive, a victim impact statement that identifies the victim of the \noffense and the extent and scope of the injury and loss suffered by the \nvictim, including the estimated economic impact of the offense on that \nvictim.\n ``(2) Persons permitted to submit victim impact statements shall \ninclude--\n ``(A) producers and sellers of legitimate works affected by \n conduct involved in the offense;\n ``(B) holders of intellectual property rights in such works; \n and\n ``(C) the legal representatives of such producers, sellers, and \n holders.''.\n (e) Unauthorized Fixation and Trafficking of Live Musical \nPerformances.--Section 2319A of title 18, United States Code, is \namended--\n (1) by redesignating subsections (d) and (e) as subsections (e) \n and (f), respectively; and\n (2) by inserting after subsection (c) the following:\n ``(d) Victim Impact Statement.--(1) During preparation of the \npresentence report pursuant to Rule 32(c) of the Federal Rules of \nCriminal Procedure, victims of the offense shall be permitted to \nsubmit, and the probation officer shall receive, a victim impact \nstatement that identifies the victim of the offense and the extent and \nscope of the injury and loss suffered by the victim, including the \nestimated economic impact of the offense on that victim.\n ``(2) Persons permitted to submit victim impact statements shall \ninclude--\n ``(A) producers and sellers of legitimate works affected by \n conduct involved in the offense;\n ``(B) holders of intellectual property rights in such works; \n and\n ``(C) the legal representatives of such producers, sellers, and \n holders.''.\n (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of \ntitle 18, United States Code, is amended--\n (1) by redesignating subsections (d) and (e) as subsections (e) \n and (f), respectively; and\n (2) by inserting after subsection (c) the following:\n ``(d)(1) During preparation of the presentence report pursuant to \nRule 32(c) of the Federal Rules of Criminal Procedure, victims of the \noffense shall be permitted to submit, and the probation officer shall \nreceive, a victim impact statement that identifies the victim of the \noffense and the extent and scope of the injury and loss suffered by the \nvictim, including the estimated economic impact of the offense on that \nvictim.\n ``(2) Persons permitted to submit victim impact statements shall \ninclude--\n ``(A) producers and sellers of legitimate goods or services \n affected by conduct involved in the offense;\n ``(B) holders of intellectual property rights in such goods or \n services; and\n ``(C) the legal representatives of such producers, sellers, and \n holders.''.\n (g) Directive to Sentencing Commission.--(1) Under the authority of \nthe Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) \nand section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 \nStat. 1271; 18 U.S.C. 994 note) (including the authority to amend the \nsentencing guidelines and policy statements), the United States \nSentencing Commission shall ensure that the applicable guideline range \nfor a defendant convicted of a crime against intellectual property \n(including offenses set forth at section 506(a) of title 17, United \nStates Code, and sections 2319, 2319A, and 2320 of title 18, United \nStates Code) is sufficiently stringent to deter such a crime and to \nadequately reflect the additional considerations set forth in paragraph \n(2) of this subsection.\n (2) In implementing paragraph (1), the Sentencing Commission shall \nensure that the guidelines provide for consideration of the retail \nvalue and quantity of the items with respect to which the crime against \nintellectual property was committed.\n\nSEC. 3. INFRINGEMENT BY UNITED STATES.\n\n Section 1498(b) of title 28, United States Code, is amended by \nstriking ``remedy of the owner of such copyright shall be by action'' \nand inserting ``action which may be brought for such infringement shall \nbe an action by the copyright owner''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"No Electronic Theft (NET) Act - Amends Federal copyright law to define financial gain to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain. Or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above. (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1). And (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the US Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.","title":"No Electronic Theft (NET) Act","text_len":7852,"sum_len":2428} {"bill_id":"113_s2163","text":"SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND.\n\n (a) Definitions.--In this section:\n (1) Emergency watershed protection program.--The term \n ``emergency watershed protection program'' means the emergency \n watershed protection program established under section 403 of \n the Agricultural Credit Act of 1978 (16 U.S.C. 2203).\n (2) Fund.--The term ``Fund'' means the Emergency Watershed \n Protection Disaster Assistance Fund established by subsection \n (b).\n (3) Natural disaster.--The term ``natural disaster'' \n means--\n (A) a natural disaster declared by the Secretary \n under section 321(a) of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 1961(a)); or\n (B) a major disaster or emergency designated by the \n President under the Robert T. Stafford Disaster Relief \n and Emergency Assistance Act (42 U.S.C. 5121 et seq.).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (b) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the ``Emergency Watershed \nProtection Disaster Assistance Fund'', to be administered by the \nSecretary to carry out activities under the emergency watershed \nprotection program.\n (c) Purpose and Availability of Fund.--\n (1) In general.--Subject to subsection (d), amounts in the \n Fund shall be available to the Secretary, until expended, to \n provide additional amounts for authorized activities described \n in subsection (b) in areas affected by a natural disaster.\n (2) Maintenance of funding.--Amounts in the Fund shall \n supplement (and not supplant) other Federal funding for natural \n disasters.\n (d) Directly Appropriated Amounts.--Amounts appropriated directly \nto the Fund by this Act or any subsequent Act for a specific purpose \nshall be available only for that purpose until such time as the \ntransfer authority provided by subsection (f) takes effect with regard \nto the amounts.\n (e) Transfer of Prior Appropriations to Fund.--\n (1) In general.--The Secretary may transfer to the Fund, \n and merge with other amounts generally appropriated to the \n Fund, the available unobligated balance of any amounts \n described in paragraph (2) if, in advance of the transfer, the \n Secretary--\n (A) determines that the unobligated amounts are no \n longer needed to respond to the natural disaster for \n which the amounts were originally appropriated; and\n (B) provides a certification of that determination \n to the Committees on Appropriations of the House of \n Representatives and the Senate.\n (2) Amounts.--\n (A) In general.--Amounts described in this \n paragraph are amounts for the emergency watershed \n protection program that--\n (i) except in the case of funds described \n in subparagraph (B), remain unobligated as of \n the date of enactment of this Act; or\n (ii)(I) are made available under the \n Disaster Relief Appropriations Act, 2013 \n (division A of Public Law 113-2; 127 Stat. 4); \n and\n (II) are not necessary to fulfill any \n eligible request for the funds made in \n accordance with that Act.\n (B) Emergency designations.--\n (i) Emergency designation for statutory \n paygo.--This subsection is designated as an \n emergency requirement pursuant to section 4(g) \n of the Statutory Pay-As-You-Go Act of 2010 \n (Public Law 111-139; 2 U.S.C. 933(g)).\n (ii) Emergency designation for \n congressional enforcement.--In the Senate, this \n subsection is designated as an emergency \n requirement pursuant to sections 403(a) and \n 423(b) of S. Con. Res. 13 (111th Congress), the \n concurrent resolution on the budget for fiscal \n year 2010.\n (3) Certain funds.--\n (A) Preliminary deposit.--Not later than 30 days \n after the date of enactment of this Act, the Secretary \n shall transfer to the Fund all amounts described in \n paragraph (2)(A)(ii) that are in excess of amounts \n requested in applications received by the Secretary on \n or before April 18, 2014, in accordance with the \n Disaster Relief Appropriations Act, 2013 (division A of \n Public Law 113-2; 127 Stat. 4).\n (B) Final deposit.--As soon as practicable after \n the Secretary has made final determinations on all \n applications described in subparagraph (A), the \n Secretary shall transfer to the Fund all remaining \n unobligated amounts described in paragraph (2)(A)(ii).\n (f) Transfer of Other Appropriations to Fund.--\n (1) In general.--Unless otherwise specifically provided in \n an appropriations Act, the Secretary may transfer to or within \n the Fund, and merge with other amounts generally appropriated \n to the Fund, the available unobligated balance of any amounts \n that are appropriated for fiscal year 2014 or any subsequent \n fiscal year for the emergency watershed protection program to \n respond to a natural disaster or are designated by the Congress \n as an emergency requirement if, in advance of the transfer, the \n Secretary--\n (A) determines that the unobligated amounts are no \n longer needed to respond to the natural disaster for \n which the amounts were originally appropriated; and\n (B) provides a certification of that determination \n to the Committees on Appropriations of the House of \n Representatives and the Senate.\n (2) Timing.--A transfer of unobligated amounts with respect \n to a natural disaster may not be made under this subsection \n until after the end of the 2-year period beginning on the date \n on which the amounts were originally appropriated for that \n natural disaster.\n (g) Availability of Funds.--Amounts transferred into the Fund under \nthis section shall be available to the Secretary for obligation without \nfurther appropriation.\n (h) Administrative Expenses.--In addition to any other funds \navailable to the Secretary to cover administrative costs, the Secretary \nmay use up to 3 percent of the amounts allocated from the Fund for a \nspecific natural disaster to cover administrative costs of the State \nand local offices of the Department of Agriculture in the areas \naffected by the natural disaster to carry out disaster-related \nactivities.\n (i) Limitation on Per Disaster Obligations.--\n (1) In general.--Amounts in the Fund, except for amounts \n described in subsection (d) that are appropriated to the Fund \n and obligated in accordance with that subsection, may not be \n obligated in excess of $1,000,000 for a natural disaster until \n at least 15 days after the date on which the Secretary notifies \n the Committees on Appropriations of the House of \n Representatives and the Senate of the determination of the \n Secretary to obligate additional amounts and the reasons for \n the determination.\n (2) Specific and extreme need.--The Secretary may not \n obligate more than 50 percent of the amounts in the Fund for \n any 1 natural disaster unless the Secretary declares that there \n is a specific and extreme need for additional funds to be \n provided in response to that natural disaster at time of the \n obligation.\n (j) Quarterly Reports.--The Secretary shall submit, on a quarterly \nbasis, to the Committees on Appropriations of the House of \nRepresentatives and the Senate a report describing the status of the \nFund and any transactions that have affected the Fund since the \nprevious report.","summary":"Establishes in the Treasury the Emergency Watershed Protection Disaster Assistance Fund to be administered by the Secretary of Agriculture (USDA) to carry out emergency watershed protection activities in natural disaster-affected areas. Sets forth limitations on per disaster obligations.","title":"A bill to establish an emergency watershed protection disaster assistance fund to be available to the Secretary of Agriculture to provide assistance for any natural disaster.","text_len":8724,"sum_len":288} {"bill_id":"112_s1626","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Aggregate Risk and Revenue \nManagement Act of 2011'' or the ``ARRM Act of 2011''.\n\nSEC. 2. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.\n\n Section 1105 of the Food, Conservation, and Energy Act of 2008 (7 \nU.S.C. 8715) is amended to read as follows:\n\n``SEC. 1105. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Alternative price.--The term `alternative price' \n means an average of the price for each of the immediately \n preceding 4 years, as determined by the National Agricultural \n Statistics Service, for each crop for which the harvest price \n is unavailable.\n ``(2) ARRM.--The term `ARRM' means the aggregate risk and \n revenue management program established under this section.\n ``(3) CRD.--The term `CRD' means a crop reporting district, \n as determined by the National Agricultural Statistics Service.\n ``(4) Harvest price.--The term `harvest price' means the \n harvest price determined by the Risk Management Agency.\n ``(b) Availability and Election of Alternative Approach.--\n ``(1) Availability of aggregate risk and revenue management \n payments.--With respect to all covered commodities and peanuts \n on a farm, during each of the 2013 through 2017 crop years, the \n Secretary shall give the operator, tenant, or sharecropper, as \n appropriate, on the farm an opportunity to make an annual \n election for all producers on the farm to receive aggregate \n risk and revenue management payments under this section for the \n crop year for which the election is made.\n ``(2) Limitations.--\n ``(A) In general.--The total number of planted \n acres for which the producers on a farm may receive \n ARRM payments under this section shall be equal to the \n total number of acres planted to all covered \n commodities and peanuts on the farm.\n ``(B) Native sod.--\n ``(i) In general.--Native sod (as defined \n in section 508(o)(1) of the Federal Crop \n Insurance Act (7 U.S.C. 1508(o)(1))) acreage \n that is tilled for the purpose of producing an \n annual crop after the date of enactment of the \n ARRM Act of 2011 shall not be considered \n acreage planted to the covered commodity or \n peanuts for harvest on a farm in a crop year \n for purposes of making ARRM payments under this \n section during the first 5 crop years of \n planting.\n ``(ii) Requirement.--Ineligibility under \n clause (i) shall only apply to the actual \n acreage of native sod that was converted to \n crop production.\n ``(3) Election; time for election.--\n ``(A) In general.--The Secretary shall provide \n notice to the operators, tenants, or sharecroppers, as \n appropriate regarding the opportunity to make each of \n the elections described in paragraph (1).\n ``(B) Notice requirements.--The notice shall \n include--\n ``(i) notice of the opportunity of the \n operator, tenant, or sharecropper, as \n appropriate, on a farm to make the election; \n and\n ``(ii) information regarding the manner in \n which the election must be made and the time \n periods and manner in which notice of the \n election must be submitted to the Secretary.\n ``(4) Election deadline.--Within the time period and in the \n manner prescribed pursuant to paragraph (3), the operator, \n tenant, or sharecropper, as appropriate, on a farm shall submit \n to the Secretary notice of an election made under paragraph \n (1).\n ``(5) Effect of failure to make election.--If the \n operators, tenants, or sharecroppers, as appropriate, on a farm \n fail to make an election under paragraph (1) or fail to timely \n notify the Secretary of the election made, as required by \n paragraph (4), all of the producers on the farm shall be deemed \n to not have made the election described in paragraph (1), for \n the applicable crop years.\n ``(c) Payments Required.--\n ``(1) In general.--In the case of producers on a farm who \n make an election under subsection (b) to receive ARRM payments \n for any of the 2013 through 2017 crop years for all covered \n commodities and peanuts, the Secretary shall make ARRM payments \n available to the producers on a farm in accordance with this \n subsection.\n ``(2) ARRM payment.--\n ``(A) In general.--Subject to paragraph (3), in the \n case of producers on a farm described in paragraph (1), \n the Secretary shall make ARRM payments available to the \n producers on a farm for each crop year if--\n ``(i) the actual CRD revenue for the crop \n year for the covered commodity or peanuts in \n the CRD determined under subsection (e); is \n less than\n ``(ii) the ARRM program guarantee for the \n crop year for the covered commodity or peanuts \n in the CRD determined under subsection (d).\n ``(B) Individual loss.--The Secretary shall make \n ARRM payments available to the producers on a farm in a \n CRD for a crop year only if (as determined by the \n Secretary)--\n ``(i) the actual farm revenue for the crop \n year for the covered commodity or peanuts, as \n determined under subsection (g); is less than\n ``(ii) the farm ARRM revenue guarantee for \n the crop year for the covered commodity or \n peanuts, as determined under subsection (f).\n ``(3) Time for payments.--In the case of each of the 2013 \n through 2017 crop years, the Secretary shall make ARRM payments \n beginning October 1, or as soon as practicable thereafter, \n after the date of determination of the harvest price for the \n covered commodity or peanuts.\n ``(d) ARRM Program Guarantee.--\n ``(1) CRD amount.--\n ``(A) In general.--For purposes of subsection \n (c)(2)(A) and subject to subparagraphs (B) and (C), the \n ARRM program guarantee for a crop year for a covered \n commodity or peanuts in a CRD shall equal 90 percent of \n the CRD average revenue, as determined under \n subparagraph (B).\n ``(B) CRD average revenue.--For purposes of \n subparagraph (A), the CRD average revenue shall be the \n average during the marketing years for the immediately \n preceding 5 crops of a covered commodity and peanuts, \n excluding the year in which the CRD revenue was the \n highest and the year in which the CRD revenue was the \n lowest in the period, of the product obtained by \n multiplying--\n ``(i) the CRD yield for the covered \n commodity or peanuts in a CRD determined under \n paragraph (2); and\n ``(ii) the harvest price or alternative \n price for the covered commodity or peanuts.\n ``(C) Minimum and maximum guarantee.--The ARRM \n program guarantee for a crop year for a covered \n commodity or peanuts under subparagraph (A) shall not \n decrease or increase more than 10 percent from the \n guarantee for the preceding crop year.\n ``(D) Double-cropped acreage.--Any crop \n subsequently planted on land determined for purposes of \n the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) \n to be prevented planted acreage shall not be included \n in calculating the ARRM program guarantee under \n subparagraph (A) or the actual farm revenue under \n subsection (g) unless the farm has a history of double-\n cropping and is located in a region in which double-\n cropping is an acceptable farming practice, as \n determined by the Secretary.\n ``(2) Assigned crd yield.--If the Secretary cannot \n establish the CRD yield for each planted acre for a crop year \n for a covered commodity or peanuts in a CRD in accordance with \n subparagraph (A) or if the yield determined under subparagraph \n (A) is an unrepresentative average yield for the CRD (as \n determined by the Secretary), the Secretary shall assign a CRD \n yield for each planted acre for the crop year for the covered \n commodity or peanuts in the CRD on the basis of--\n ``(A) previous average yields for a period of 5 \n crop years, excluding each of the crop years with the \n highest and lowest yields; or\n ``(B) CRD yields for planted acres for the crop \n year for the covered commodity or peanuts in similar \n CRDs.\n ``(3) CRDs with irrigated and nonirrigated land.--In the \n case of a CRD in which at least 25 percent of the acreage \n planted to a covered commodity or peanuts in the CRD is \n irrigated and at least 25 percent of the acreage planted to the \n covered commodity or peanuts in the CRD is not irrigated, the \n Secretary shall calculate a separate ARRM program guarantee for \n the irrigated and nonirrigated areas of the CRD for the covered \n commodity or peanuts.\n ``(e) Actual CRD Revenue.--\n ``(1) In general.--For purposes of subsection (c)(2)(A), \n the amount of the actual CRD revenue for a crop year of a \n covered commodity or peanuts shall equal the product obtained \n by multiplying--\n ``(A) the actual CRD yield for each planted acre \n for the crop year for the covered commodity or peanuts \n determined under paragraph (2); and\n ``(B) the national average harvest price or \n alternative price received by producers for the crop \n year for the covered commodity or peanuts as determined \n by the Risk Management Agency.\n ``(2) Actual crd yield.--For purposes of paragraph (1)(A), \n the actual CRD yield for each planted acre for a crop year for \n a covered commodity or peanuts in a CRD shall equal (as \n determined by the Secretary)--\n ``(A) the quantity of the covered commodity or \n peanuts that is produced in the CRD during the crop \n year; divided by\n ``(B) the number of acres that are planted to the \n covered commodity or peanuts in the CRD during the crop \n year.\n ``(f) Farm ARRM Revenue Guarantee.--\n ``(1) In general.--For purposes of subsection (c)(2)(B), \n the farm ARRM revenue guarantee for the crop year for a covered \n commodity or peanuts shall equal 90 percent of the average farm \n revenue as determined under paragraph (2).\n ``(2) Average farm revenue.--The average farm revenue shall \n be equal to the sum obtained by adding--\n ``(A) the average during the marketing years for \n the immediately preceding 5 crops of a covered \n commodity and peanuts, excluding the year in which the \n farm revenue was the highest and the year in which the \n farm revenue was the lowest in the period, of the \n product obtained by multiplying--\n ``(i) the actual production history, as \n determined using production records and data of \n the Risk Management Agency; and\n ``(ii) the harvest price or alternative \n price for the covered commodity or peanuts in a \n CRD; and\n ``(B) the amount of the per acre crop insurance \n premium required to be paid by the producers on the \n farm for the applicable crop year for the covered \n commodity or peanuts on the farm.\n ``(g) Actual Farm Revenue.--For purposes of subsection (c)(2)(B) \nand except as provided in subsection (d)(1)(C), the amount of the \nactual farm revenue for a crop year for a covered commodity or peanuts \nshall equal the amount determined by multiplying--\n ``(1) the actual yield for the covered commodity or peanuts \n of the producers on the farm; and\n ``(2) the national average harvest price or alternative \n price for the crop year for the covered commodity or peanuts.\n ``(h) Payment Amount.--If ARRM payments are required to be paid for \nany of the 2013 through 2017 crop years of a covered commodity or \npeanuts under this section, the amount of the ARRM payment to be paid \nto the producers on the farm for the crop year under this section shall \nbe equal to the product obtained by multiplying--\n ``(1) the lesser of--\n ``(A) the difference between--\n ``(i) the ARRM program guarantee for the \n crop year for the covered commodity or peanuts \n in the CRD determined under subsection (d); and\n ``(ii) the actual CRD revenue from the crop \n year for the covered commodity or peanuts in \n the CRD determined under subsection (e); and\n ``(B) 15 percent of the ARRM program guarantee for \n the crop year for the covered commodity or peanuts in \n the CRD determined under subsection (d);\n ``(2) 85 percent of the acreage planted to the covered \n commodity or peanuts for harvest on the farm in the crop year; \n and\n ``(3) the quotient obtained by dividing--\n ``(A) the actual production history for the covered \n commodity or peanuts of the producers on the farm, as \n determined using production records and data of the \n Risk Management Agency; and\n ``(B) the assigned CRD yield for each planted acre \n for the crop year for the covered commodity or peanuts \n in a CRD, as determined under subsection (d)(2).\n ``(i) Crop Reporting District Assessment.--The Secretary shall \nreview CRDs in western States that have 7 or fewer CRDs to assess \nwhether additional CRDs in the States are necessary.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n (a) Repeal of Direct and Counter-Cyclical Payments for Covered \nCommodities and Peanuts.--\n (1) In general.--Sections 1103, 1104, 1303, and 1304 of the \n Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, \n 8714, 8753, 8754) are repealed.\n (2) Application.--The amendments made by paragraph (1) \n apply beginning with the 2013 crop year.\n (b) Period of Effectiveness.--Section 1109 of the Food, \nConservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended by \nstriking ``2012'' and inserting ``2017''.\n (c) Suspension of Permanent Price Support Authority.--Section 1602 \nof the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) is \namended--\n (1) by striking ``through 2012'' each place it appears and \n inserting ``through 2017''; and\n (2) by striking ``December 31, 2012'' each place it appears \n and inserting ``December 31, 2017''.\n (d) Technical Amendments.--\n (1) Section 1001 of the Food, Conservation, and Energy Act \n of 2008 (7 U.S.C. 8702) is amended by striking paragraph (1) \n and inserting the following:\n ``(1) Aggregate risk and revenue management payment.--The \n term `aggregate risk and revenue management payment' means a \n payment made to producers on a farm under section 1105.''\n (2) Section 1101(d)(1) of the Food, Conservation, and \n Energy Act of 2008 (7 U.S.C. 8711(d)(1)) is amended by striking \n ``average crop revenue election'' and inserting ``aggregate \n risk and revenue management''.\n (3) Section 1106 of the Food, Conservation, and Energy Act \n of 2008 (7 U.S.C. 8716) is amended by striking ``average crop \n revenue election'' each place it appears in subsections (a)(1), \n (b), and (e) and inserting ``aggregate risk and revenue \n management''.\n (4) Section 1302(d)(1) of the Food, Conservation, and \n Energy Act of 2008 (7 U.S.C. 8752(d)(1)) is amended by striking \n ``average crop revenue election'' and inserting ``aggregate \n risk and revenue management''.\n (5) Section 1305 of the Food, Conservation, and Energy Act \n of 2008 (7 U.S.C. 8755) is amended by striking ``average crop \n revenue election'' each place it appears in subsections (a)(1), \n (b), and (e) and inserting ``aggregate risk and revenue \n management''.\n (6) Section 1001 of the Food Security Act of 1985 (7 U.S.C. \n 1308) is amended--\n (A) by striking ``ACRE'' each place it appears in \n the headings of subsections (b) and (c) and inserting \n ``ARRM'';\n (B) by striking ``ACRE'' each place it appears in \n the headings of paragraph (3) of subsections (b) and \n (c) and inserting ``ARRM''; and\n (C) by striking ``average crop revenue election'' \n each place it appears in subsections (b) and (c) and \n inserting ``aggregate risk and revenue management''.\n (7) Section 1001D of the Food Security Act of 1985 (7 \n U.S.C. 1308-3a) is amended--\n (A) in subsection (b)(C)(i), by striking ``average \n crop revenue election'' and inserting ``aggregate risk \n and revenue management''; and\n (B) in subsection (f), by striking ``2012'' and \n inserting ``2017''.","summary":"Aggregate Risk and Revenue Management Act of 2011 or the ARRM Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), regarding all covered commodities and peanuts during each of the 2013-2017 crop years, to give the operator, tenant, or sharecropper on a farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments for the crop year for which the election is made. Repeals the direct and counter-cyclical payment programs for covered commodities and peanuts beginning with the 2013 crop year. Suspends permanent price support authority through December 31, 2017.","title":"A bill to amend the Food, Conservation, and Energy Act of 2008 to reform agricultural programs by establishing the aggregate risk and revenue management program.","text_len":19359,"sum_len":697} {"bill_id":"109_hr5000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``9\/11 Commission Civil Liberties \nBoard Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) On July 22, 2004 the National Commission on Terrorist \n Attacks Upon the United States (also known as the 9\/11 \n Commission) issued a report that included 41 specific \n recommendations to help prevent future terrorist attacks, \n including details of a global strategy and government \n reorganization necessary to implement that strategy.\n (2) One of the recommendations focused on the protections \n of civil liberties. Specifically the following recommendation \n was made: ``At this time of increased and consolidated \n government authority, there should be a board within the \n executive branch to oversee adherence to the guidelines we \n recommend and the commitment the government makes to defend our \n civil liberties.''.\n (3) The report also states that ``the choice between \n security and liberty is a false choice, as nothing is more \n likely to endanger America's liberties than the success of a \n terrorist attack at home. Our History has shown that the \n insecurity threatens liberty at home. Yet if our liberties are \n curtailed, we lose the values that we are struggling to \n defend.''.\n (4) On December 17, 2004, Public Law 108-458, the National \n Intelligence Reform Act, was signed into law. This law created \n a civil liberties board that does not have the authority \n necessary to protect civil liberties.\n (5) The establishment and adequate funding of a Privacy and \n Civil Liberties Oversight Board was a crucial recommendation \n made by the 9\/11 Commission.\n (6) In its Final Report on 9\/11 Commission Recommendations, \n the Commission noted ``very little urgency'' and \n ``insufficient'' funding as it relates to the establishment of \n the Privacy and Civil Liberties Oversight Board.\n (7) While the President's budget submission for fiscal year \n 2006 included $750,000 for the Privacy and Civil Liberties \n Oversight Board, the President's budget submission for fiscal \n year 2007 does not contain a funding line for the Board.\n\nSEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD \n INDEPENDENT.\n\n Section 1061(b) of the Intelligence Reform and Terrorism Prevention \nAct of 2004 is amended by striking ``within the Executive Office of the \nPresident'' and inserting ``as an independent agency within the \nExecutive branch''.\n\nSEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES \n OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.\n\n Subsection (e) of section 1061 of the Intelligence Reform and \nTerrorism Prevention Act of 2004 is amended to read as follows:\n ``(e) Membership.--\n ``(1) Members.--The Board shall be composed of a full-time \n chairman and 4 additional members, who shall be appointed by \n the President, by and with the advice and consent of the \n Senate.\n ``(2) Qualifications.--Members of the Board shall be \n selected solely on the basis of their professional \n qualifications, achievements, public stature, expertise in \n civil liberties and privacy, and relevant experience, and \n without regard to political affiliation, but in no event shall \n more than 3 members of the Board be members of the same \n political party. The President shall, before appointing an \n individual who is not a member of the same political party as \n the President consult with the leadership of that party, if \n any, in the Senate and House of Representatives.\n ``(3) Incompatible office.--An individual appointed to the \n Board may not, while serving on the Board, be an elected \n official, officer, or employee of the Federal Government, other \n than in the capacity as a member of the Board.\n ``(4) Term.--Each member of the Board shall serve a term of \n six years, except that--\n ``(A) a member appointed to a term of office after \n the commencement of such term may serve under such \n appointment only for the remainder of such term;\n ``(B) upon the expiration of the term of office of \n a member, the member shall continue to serve until the \n member's successor has been appointed and qualified, \n except that no member may serve under this \n subparagraph--\n ``(i) for more than 60 days when Congress \n is in session unless a nomination to fill the \n vacancy shall have been submitted to the \n Senate; or\n ``(ii) after the adjournment sine die of \n the session of the Senate in which such \n nomination is submitted; and\n ``(C) the members initially appointed under this \n subsection shall serve terms of two, three, four, five, \n and six years, respectively, from the effective date of \n this Act, with the term of each such member to be \n designated by the President.\n ``(5) Quorum and meetings.--The Board shall meet upon the \n call of the chairman or a majority of its members. Three \n members of the Board shall constitute a quorum.''.\n\nSEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT \n BOARD.\n\n Section 1061(d) of the Intelligence Reform and Terrorism Prevention \nAct of 2004 is amended--\n (1) so that subparagraph (D) of paragraph (1) reads as \n follows:\n ``(D) require, by subpoena issued at the direction \n of a majority of the members of the Board, persons \n (other than departments, agencies, and elements of the \n executive branch) to produce any relevant information, \n documents, reports, answers, records, accounts, papers, \n and other documentary or testimonial evidence.''; and\n (2) so that paragraph (2) reads as follows:\n ``(2) Enforcement of subpoena.--In the case of contumacy or \n failure to obey a subpoena issued under paragraph (1)(D), the \n United States district court for the judicial district in which \n the subpoenaed person resides, is served, or may be found may \n issue an order requiring such person to produce the evidence \n required by such subpoena.''.\n\nSEC. 6. REPORTING REQUIREMENTS.\n\n (a) Duties of Board.--Paragraph (4) of section 1061(c) of the \nIntelligence Reform and Terrorism Prevention Act of 2004 is amended to \nread as follows:\n ``(4) Reports.--\n ``(A) Receipt, review, and submission.--\n ``(i) In general.--The Board shall--\n ``(I) receive and review reports \n from privacy officers and civil \n liberties officers described in section \n 212; and\n ``(II) periodically submit, not \n less than semiannually, reports to the \n appropriate committees of Congress, \n including the Committees on the \n Judiciary of the Senate and the House \n of Representatives, the Committee on \n Homeland Security and Governmental \n Affairs of the Senate, the Committee on \n Government Reform of the House of \n Representatives, the Select Committee \n on Intelligence of the Senate, and the \n Permanent Select Committee on \n Intelligence of the House of \n Representatives, and to the President.\n Such reports shall be in unclassified form to \n the greatest extent possible, with a classified \n annex where necessary.\n ``(ii) Contents.--Not less than 2 reports \n the Board submits each year under clause \n (i)(II) shall include--\n ``(I) a description of the major \n activities of the Board during the \n preceding period;\n ``(II) information on the findings, \n conclusions, and recommendations of the \n Board resulting from its advice and \n oversight functions under subsection \n (c);\n ``(III) the minority views on any \n findings, conclusions, and \n recommendations of the Board resulting \n from its advice and oversight functions \n under subsection (c); and\n ``(IV) each proposal reviewed by \n the Board under subsection (c)(1) that \n the Board advised against implementing, \n but that notwithstanding such advice, \n was implemented.\n ``(B) Informing the public.--The Board shall--\n ``(i) make its reports, including its \n reports to Congress, available to the public to \n the greatest extent that is consistent with the \n protection of classified information and \n applicable law; and\n ``(ii) hold public hearings and otherwise \n inform the public of its activities, as \n appropriate and in a manner consistent with the \n protection of classified information and \n applicable law.''.\n (b) Privacy and Civil Liberties Officers.--Section 1062 of the \nIntelligence Reform and Terrorism Prevention Act of 2004 is amended to \nread as follows:\n\n``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.\n\n ``(a) Designation and Functions.--The Attorney General, the \nSecretary of Defense, the Secretary of State, the Secretary of the \nTreasury, the Secretary of Health and Human Services, the Secretary of \nHomeland Security, the National Intelligence Director, the Director of \nthe Central Intelligence Agency, any other entity within the \nintelligence community (as defined in section 3 of the National \nSecurity Act of 1947 (50 U.S.C. 401a)), and the head of any other \ndepartment, agency, or element of the executive branch designated by \nthe Privacy and Civil Liberties Oversight Board to be appropriate for \ncoverage under this section shall designate not less than 1 senior \nofficer to--\n ``(1) assist the head of such department, agency, or \n element and other officials of such department, agency, or \n element in appropriately considering privacy and civil \n liberties concerns when such officials are proposing, \n developing, or implementing laws, regulations, policies, \n procedures, or guidelines related to efforts to protect the \n Nation against terrorism;\n ``(2) periodically investigate and review department, \n agency, or element actions, policies, procedures, guidelines, \n and related laws and their implementation to ensure that such \n department, agency, or element is adequately considering \n privacy and civil liberties in its actions;\n ``(3) ensure that such department, agency, or element has \n adequate procedures to receive, investigate, respond to, and \n redress complaints from individuals who allege such department, \n agency, or element has violated their privacy or civil \n liberties; and\n ``(4) in providing advice on proposals to retain or enhance \n a particular governmental power the officer shall consider \n whether such department, agency, or element has established--\n ``(A) that the power actually enhances security and \n the need for the power is balanced with the need to \n protect privacy and civil liberties;\n ``(B) that there is adequate supervision of the use \n by such department, agency, or element of the power to \n ensure protection of privacy and civil liberties; and\n ``(C) that there are adequate guidelines and \n oversight to properly confine its use.\n ``(b) Exception to Designation Authority.--\n ``(1) Privacy officers.--In any department, agency, or \n element referred to in subsection (a) or designated by the \n Board, which has a statutorily created privacy officer, such \n officer shall perform the functions specified in subsection (a) \n with respect to privacy.\n ``(2) Civil liberties officers.--In any department, agency, \n or element referred to in subsection (a) or designated by the \n Board, which has a statutorily created civil liberties officer, \n such officer shall perform the functions specified in \n subsection (a) with respect to civil liberties.\n ``(c) Supervision and Coordination.--Each privacy officer or civil \nliberties officer described in subsection (a) or (b) shall--\n ``(1) report directly to the head of the department, \n agency, or element concerned; and\n ``(2) coordinate their activities with the Inspector \n General of such department, agency, or element to avoid \n duplication of effort.\n ``(d) Agency Cooperation.--The head of each department, agency, or \nelement shall ensure that each privacy officer and civil liberties \nofficer--\n ``(1) has the information, material, and resources \n necessary to fulfill the functions of such officer;\n ``(2) is advised of proposed policy changes;\n ``(3) is consulted by decisionmakers; and\n ``(4) is given access to material and personnel the officer \n determines to be necessary to carry out the functions of such \n officer.\n ``(e) Reprisal for Making Complaint.--No action constituting a \nreprisal, or threat of reprisal, for making a complaint or for \ndisclosing information to a privacy officer or civil liberties officer \ndescribed in subsection (a) or (b), or to the Privacy and Civil \nLiberties Oversight Board, that indicates a possible violation of \nprivacy protections or civil liberties in the administration of the \nprograms and operations of the Federal Government relating to efforts \nto protect the Nation from terrorism shall be taken by any Federal \nemployee in a position to take such action, unless the complaint was \nmade or the information was disclosed with the knowledge that it was \nfalse or with willful disregard for its truth or falsity.\n ``(f) Periodic Reports.--\n ``(1) In general.--The privacy officers and civil liberties \n officers of each department, agency, or element referred to or \n described in subsection (a) or (b) shall periodically, but not \n less than quarterly, submit a report on the activities of such \n officers--\n ``(A)(i) to the appropriate committees of Congress, \n including the Committees on the Judiciary of the Senate \n and the House of Representatives, the Committee on \n Homeland Security and Governmental Affairs of the \n Senate, the Committee on Government Reform of the House \n of Representatives, the Select Committee on \n Intelligence of the Senate, and the Permanent Select \n Committee on Intelligence of the House of \n Representatives;\n ``(ii) to the head of such department, agency, or \n element; and\n ``(iii) to the Privacy and Civil Liberties \n Oversight Board; and\n ``(B) which shall be in unclassified form to the \n greatest extent possible, with a classified annex where \n necessary.\n ``(2) Contents.--Each report submitted under paragraph (1) \n shall include information on the discharge of each of the \n functions of the officer concerned, including--\n ``(A) information on the number and types of \n reviews undertaken;\n ``(B) the type of advice provided and the response \n given to such advice;\n ``(C) the number and nature of the complaints \n received by the department, agency, or element \n concerned for alleged violations; and\n ``(D) a summary of the disposition of such \n complaints, the reviews and inquiries conducted, and \n the impact of the activities of such officer.\n ``(g) Informing the Public.--Each privacy officer and civil \nliberties officer shall--\n ``(1) make the reports of such officer, including reports \n to Congress, available to the public to the greatest extent \n that is consistent with the protection of classified \n information and applicable law; and\n ``(2) otherwise inform the public of the activities of such \n officer, as appropriate and in a manner consistent with the \n protection of classified information and applicable law.\n ``(h) Savings Clause.--Nothing in this section shall be construed \nto limit or otherwise supplant any other authorities or \nresponsibilities provided by law to privacy officers or civil liberties \nofficers.\n ``(i) Protections for Human Research Subjects.--The Secretary of \nHomeland Security shall ensure that the Department of Homeland Security \ncomplies with the protections for human research subjects, as described \nin part 46 of title 45, Code of Federal Regulations, or in equivalent \nregulations as promulgated by such Secretary, with respect to research \nthat is conducted or supported by such Department.''.\n\nSEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS.\n\n Section 1105(a) of title 31, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(36) a separate statement of the amount of appropriations \n requested for the Privacy and Civil Liberties Oversight \n Board.''.","summary":"Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power. Requires the Board to: (1) receive and review reports from privacy and civil liberties officers. And (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters. Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention. Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department. Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board.","title":"To amend the Intelligence Reform and Terrorism Prevention Act of 2004 with respect to the Privacy and Civil Liberties Oversight Board, and for other purposes.","text_len":19361,"sum_len":1309} {"bill_id":"113_s407","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reinvesting In Vital Economic Rivers \nand Waterways Act of 2013'' or the ``RIVER Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that the inland waterways navigation system--\n (1) is an essential economic resource for the United \n States;\n (2) serves as the most efficient sustainable transportation \n mode for bulk commodities in the United States while \n maintaining environmental resources; and\n (3) as of the date of enactment of this Act, is underfunded \n and needs significant changes to remain viable in the future.\n\nSEC. 3. PURPOSES.\n\n The purpose of this Act is to establish a sustainable, cost-\neffective way to ensure that the inland and intracoastal waterways of \nthe United States remain economically viable through--\n (1) the redesign of the program and project management \n process applicable to the construction and major rehabilitation \n of navigation projects on those waterways;\n (2) the continued development and improvement of inland \n waterways navigation systems;\n (3) enhanced efficiency of inland waterways navigation \n project completion schedules; and\n (4) inland waterways navigation capital investments to \n ensure that projects can be completed in a reasonable timeframe \n and to allow maximum systemwide benefits.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Inland and intracoastal waterways.--The term ``inland \n and intracoastal waterways'' means the inland and intracoastal \n waterways of the United States described in section 206 of the \n Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).\n (2) Inland waterway users board.--The term ``Inland \n Waterway Users Board'' means the Inland Waterway Users Board \n established by section 302 of the Water Resources Development \n Act of 1986 (33 U.S.C. 2251).\n (3) Major rehabilitation project.--The term ``major \n rehabilitation project'' means a project for the restoration of \n a major project or major project feature of the inland and \n intracoastal waterways that has an estimated cost greater than \n $50,000,000.\n (4) Qualifying project.--The term ``qualifying project'' \n means any construction or major rehabilitation project for \n navigation infrastructure of the inland and intracoastal \n waterways that is--\n (A) authorized before, on, or after the date of \n enactment of this Act;\n (B) not completed as of the date of enactment of \n this Act; and\n (C) funded at least in part from the Inland \n Waterways Trust Fund established by section 9506 of the \n Internal Revenue Code of 1986.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Army, acting through the Chief of Engineers.\n\nSEC. 5. PROJECT DELIVERY PROCESS REFORMS.\n\n (a) In General.--The Secretary shall promulgate regulations that, \nat a minimum, shall require for each qualifying project--\n (1) a cost estimation that is risk-based and has a \n confidence level of not less than 80 percent;\n (2) an independent external peer review and submission to \n Congress (in the case of a feasibility report) or the Secretary \n (in the case of a rehabilitation evaluation report) for any \n qualifying project--\n (A) that--\n (i) has an estimated total project cost \n greater than $45,000,000;\n (ii) is subject to public safety concerns, \n as determined by the Secretary;\n (iii) involves a high level of complexity \n or novel or precedent-setting approaches, as \n determined by the Secretary; or\n (iv) is identified by the Secretary as a \n matter of significant interagency interest; or\n (B) for which a review has been requested by the \n Governor of any State affected by the project;\n (3) the appointment to a project development team for the \n qualifying project of a member of the Inland Waterways Users \n Board, as selected by a majority of the Inland Waterways Users \n Board;\n (4) a quarterly update submitted to the Inland Waterways \n Users Board of the status of a qualifying project that is under \n construction;\n (5) the inclusion of the Chairman of the Inland Waterways \n Users Board and the project development team appointee under \n paragraph (3) as signatories of the project management plan for \n a qualifying project;\n (6) the establishment of a system to identify and apply on \n a continuing basis lessons learned from prior or ongoing \n projects so as to improve the likelihood of on-time and on-\n budget completion of qualifying projects;\n (7) the evaluation, including through the use of 1 or more \n pilot projects, of early contractor involvement acquisition \n procedures to improve on-time and on-budget project delivery \n performance; and\n (8) any additional measures that the Secretary determines \n will achieve the purposes of this Act, including, as determined \n appropriate by the Secretary--\n (A) the implementation of applicable practices and \n procedures drawn from the management of the military \n construction program by the Secretary;\n (B) the development and use of a portfolio of \n standard designs for inland navigation locks;\n (C) the use of full-funding contracts or the \n formulation of a revised continuing contracts \n provision; and\n (D) the establishment of procedures for \n recommending new project construction starts using a \n capital projects business model.\n (b) Report Requirement.--\n (1) In general.--For each fiscal year, the Secretary shall \n submit to Congress a report that describes each project, if \n any, that receives more than 50 percent of the total amount of \n funds made available in that fiscal year under the Inland \n Waterways Trust Fund established by section 9506 of the \n Internal Revenue Code of 1986.\n (2) Requirement.--For each project described in paragraph \n (1) that exceeds the estimated cost of carrying out that \n project for 3 or more consecutive years, the Secretary shall \n include in the report submitted under that paragraph \n alternative financing plans for the project.\n\nSEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM.\n\n (a) Program Required.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary, in conjunction with the \n Inland Waterways Users Board, shall submit to Congress a 20-\n year program for making capital investments on the inland and \n intracoastal waterways, which shall include plans to update \n communications technology and be based on the application of \n objective national project-selection prioritization criteria, \n as developed by the Secretary.\n (2) Contents.--The 20-year program described in paragraph \n (1) may be based on the 20-year capital investment strategy \n contained in the Inland Marine Transportation System Capital \n Projects Business Model, Final Report published on April 13, \n 2010, as approved by the Inland Waterways Users Board.\n (b) Annual Review and Update.--\n (1) In general.--Beginning not later than 1 year after the \n date on which a 20-year program is submitted to Congress under \n subsection (a), and each year thereafter, the Secretary, in \n conjunction with the Inland Waterways Users Board, shall submit \n to Congress an updated 20-year program.\n (2) Contents.--The updated program described in paragraph \n (1) shall include an identification and explanation of any \n changes that were made to the project-specific recommendations \n included in the previous 20-year program, including any changes \n that were made to the objective national project-selection \n prioritization criteria used to develop the updated \n recommendations.\n (c) Strategic Review and Update.--\n (1) In general.--Not later than 5 years after the date of \n enactment of this Act, and every 5 years thereafter, the \n Secretary, in conjunction with the Inland Waterways Users \n Board, shall submit to Congress a strategic review of the \n capital investment program for the Inland Marine Transportation \n System, including any revisions to the program that the \n Secretary and the Users Board jointly consider to be \n appropriate.\n (2) Inclusions.--The review described in paragraph (1) \n shall include an analysis of the communications technology in \n use on the inland and intracoastal waterways system and a \n description of any plans to modernize that technology to \n increase safety and maximize efficiency.\n\nSEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST \n FUND.\n\n Section 9506 of the Internal Revenue Code of 1986 is amended--\n (1) in subsection (c)(1), by--\n (A) inserting ``and subject to subsection (d),'' \n after ``Except as provided in paragraph (2),''; and\n (B) inserting before the period at the end ``, \n provided that such expenditures may not exceed 50 \n percent of the total cost of the construction or \n rehabilitation''; and\n (2) by inserting at the end the following:\n ``(d) Limitation on Expenditures From Trust Fund.--\n ``(1) In general.--Amounts in the Inland Waterways Trust \n Fund shall not be available for expenditures for--\n ``(A) construction or rehabilitation of dams, or\n ``(B) any rehabilitation expenditure that does not \n equal or exceed $50,000,000.\n ``(2) Restriction on total cost.--Amounts in the Inland \n Waterways Trust Fund shall not be used to pay for any part of \n the cost to construct an authorized Federal project that \n exceeds the sum of--\n ``(A) the amount equal to--\n ``(i) the total authorized cost to \n construct the Federal project as specified in \n the Public Law that authorized construction of \n the project or, in the case of a rehabilitation \n project, in the relevant rehabilitation \n evaluation report, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the year \n in which construction or rehabilitation under \n the project begins (determined by substituting \n the year that precedes the calendar year in \n which such project was authorized for `1992' in \n subparagraph (B) of such section), and\n ``(B) any additional amount that is jointly agreed \n to by the Secretary and the Inland Waterways Users \n Board as appropriate to the project.''.\n\nSEC. 8. REVISION TO INLAND WATERWAYS USER FEE.\n\n Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is \namended to read as follows:\n ``(A) The Inland Waterways Trust Fund financing \n rate is the rate determined in accordance with the \n following table:\n\n The tax per\n``If the use occurs: gallon is:\n During 2013........................................ 20 cents \n After 2013......................................... 29 cents''.","summary":"Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50 of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate from 20 cents to 29 cents after 2013.","title":"Reinvesting In Vital Economic Rivers and Waterways Act of 2013","text_len":12645,"sum_len":1198} {"bill_id":"103_hr3657","text":"SECTION 1. COMMUNICATION SITE USE FEES.\n\n (a) Fees.--Notwithstanding any other provision of law, the \nSecretary of the Interior and the Secretary of Agriculture (hereinafter \nreferred to as the ``Secretaries''), shall assess and collect charges \nfor utilization of radio and television communications sites located on \nFederal lands administered by the Forest Service or the Bureau of Land \nManagement at such rates as the Forest Service and the Bureau of Land \nManagement shall establish or at such modified rates as are established \npursuant to the provisions of subsection (b) of this section.\n (b) Adjustments.--(1) The Schedule of Charges established under \nthis section shall be reviewed by the Forest Service and the Bureau of \nLand Management on an annual basis, and shall be adjusted by the Forest \nService and the Bureau of Land Management to reflect changes in the \nConsumer Price Index. Increases or decreases in charges shall apply to \nall categories of charges, but any increase or decrease shall not total \nless than 3 percent or more than 5 percent of the charge assessed to \nthe user in the preceding year. The Bureau of Land Management and the \nForest Service shall transmit to the Congress notification of any such \nadjustment not later than 60 days before the effective date of such \nadjustment.\n (2) Under the Schedule of Changes established under the section, if \nany radio or television communications site user is to be charged an \namount that is greater than $1,000 more than the amount such site user \npays to the Bureau of Land Management or the Forest Service as of \nJanuary 1, 1993, then during the first year in which the Schedule of \nCharges is in effect, such site user shall pay an amount equal to the \namount it paid to the Bureau of Land Management of the Forest Service \nas of January 1, 1993, plus $1,000. Each year thereafter, such site \nuser shall pay the full amount under the Schedule of Charges, as \nmodified pursuant to the subsection.\n (3) Under the Schedule of Charges established under this section, \nif any radio or television communications site user is to be charged an \namount that is less than the amount such site user paid to the Bureau \nof Land Management or the Forest Service as of January 1, 1993, then \nsuch site user shall continue to pay the higher amount until such time \nas the charge to the site user in the Schedule of Charges equals or \nexceeds that amount, as modified pursuant to this subsection.\n (c) Additional Users.--(1) If the radio or television \ncommunications site user is permitted under the terms of its site use \nauthorization from the Bureau of Land Management or the Forest Service \nto grant access to the site to additional users, then the radio or \ntelevision communications site user shall pay annually to the Bureau of \nLand Management or the Forest Service an amount equal to 25 percent of \nthe gross income it receives from each such additional user during that \nyear.\n (2) Authorizations to radio and television communications site \nusers shall require such site users to provide the Bureau of Land \nManagement or the Forest Service with a certified list which identifies \nall additional users of such sites and all gross revenues received from \nsuch additional users. The Bureau of Land Management and the Forest \nService shall not require any additional user of a radio or television \ncommunications site to obtain a separate authorization to use such a \nsite.\n (d) Administrative Provisions.--(1) The Secretaries shall prescribe \nappropriate rules and regulations to carry out the provisions of this \nsection.\n (2) Ten years after the date of enactment of this section, the \nSecretaries shall establish a broad-based advisory group, including \nrepresentatives from the radio and television broadcast industry, to \nreview the Schedule of Charges and other acceptable criteria for \ndetermining fair market value for radio and television communications \nsite uses. The advisory group shall report its findings to the Congress \nno later than 1 year after it is established.\n (e) Existing Charges.--(1) Until modified pursuant to subsection \n(b) of this section, the Schedule of Charges for television \ncommunications site users which the Secretaries shall prescribe \npursuant to subsection (a) of this section shall be as listed in \nexhibit 3 (television rental fee schedule) in the report of the radio \nand television broadcast use fee advisory committee dated December \n1992.\n (2) Until modified pursuant to subsection (b) of this section, the \nSchedule of Charges for radio communications site users which the \nSecretaries shall prescribe pursuant to subsection (a) of this section \nshall be as listed in exhibit 4, radio rental fee schedule in the \nreport of the radio and television broadcast use fee advisory committee \ndated December 1992.\n\nSEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD.\n\n (a) Establishment.--The Secretaries of the Interior and Agriculture \nare directed to jointly establish a broad-based advisory group \ncomprised of representatives from the nonbroadcast communications \nindustry (users of both private and public communication sites) and the \n2 agencies to review recommendations on acceptable criteria for \ndetermining fair market values and next best alternative use.\n (b) Review.--The advisory group shall review the methodology used \nin any previous studies and reach concurrence on such methodology.\n (c) Assessments.--The advisory group shall also assess the validity \nof the results of such studies, taking into account all reasonable \noptions for the establishment of fair market values and next best \nalternative use.\n (d) Report.--The advisory group shall report its findings to the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Natural Resources of the House of Representatives within 1 \nyear after the enactment of this Act.","summary":"Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.","title":"To establish fees for communication sites on public lands.","text_len":5933,"sum_len":900} {"bill_id":"106_hr4829","text":".--\n (1) Definition.--For purposes of this section, a joint \n resolution means a resolution introduced by any Member of \n Congress after the date the notification described in section 3 \n is received, the resolving clause of which contains only the \n following: ``That Congress does not agree with the \n justification contained in the notification submitted by the \n President pursuant to the China Nonproliferation Act on \n ______________ and that the President shall exercise the \n mandatory measures under section 4 of the Act and one or all of \n the tier ____ measures under that Act.''; with the first blank \n space being filled with the appropriate date and the second \n blank space being filled with the appropriate tier.\n (2) Referral to committee.--\n (A) Senate.--A joint resolution introduced in the \n Senate shall be referred to the Committee on Foreign \n Relations of the Senate.\n (B) House of representatives.--A joint resolution \n introduced in the House of Representatives shall be \n referred to the Committee on International Relations of \n the House of Representatives.\n (C) Reporting.--A joint resolution may not be \n reported before the 8th day after the date on which the \n joint resolution is introduced.\n (3) Discharge of committee.--If the committee to which a \n joint resolution is referred in either House has not reported \n the joint resolution (or an identical joint resolution) at the \n end of 15 calendar days during which that House is in \nsession after the date on which the joint resolution is introduced--\n (A) the committee shall be deemed to be discharged \n from further consideration of the joint resolution; and\n (B) the joint resolution shall be placed on the \n appropriate calendar of that House.\n (4) Floor consideration.--\n (A) In general.--\n (i) Motion to proceed to consideration.--\n When the committee to which a joint resolution \n is referred in either House has reported, or \n has been deemed to be discharged (under \n paragraph (3)) from further consideration of, a \n joint resolution--\n (I) it is at any time thereafter in \n order (even though a previous motion to \n the same effect has been disagreed to) \n for any Member of that House to move to \n proceed to the consideration of the \n joint resolution; and\n (II) all points of order against \n the joint resolution (and against \n consideration of the joint resolution) \n are waived.\n (ii) Treatment of motion.--A motion under \n clause (i)--\n (I) is privileged in the Senate and \n is highly privileged in the House of \n Representatives;\n (II) is not debatable; and\n (III) is not subject to amendment, \n a motion to postpone, or a motion to \n proceed to the consideration of other \n business.\n (iii) No motion to reconsider.--A motion to \n reconsider the vote by which a motion under \n clause (i) is agreed to or disagreed to shall \n not be in order.\n (iv) Agreement to motion.--If a motion \n under clause (i) is agreed to, the joint \n resolution shall remain the unfinished business \n of the House until the House disposes of the \n joint resolution.\n (B) Debate.--\n (i) Time.--Debate on a joint resolution, \n and on all debatable motions and appeals in \n connection with consideration of a joint \n resolution, shall be limited to not more than \n 10 hours, which shall be divided equally \n between those favoring and those opposing the \n joint resolution. A motion further to limit \n debate is in order and not debatable.\n (ii) Amendments and motions out of order.--\n An amendment to a joint resolution, a motion to \n postpone, to proceed to the consideration of \n other business, or to recommit such a joint \n resolution, or a motion to reconsider the vote \n by which such a joint resolution is agreed to \n or disagreed to is not in order.\n (C) Vote on final passage.--A vote on final passage \n of the joint resolution shall be taken in each House on \n or before the close of the 15th calendar day during \n which that House is in session after the resolution is \n reported by the committee of that House to which it was \n referred, or after the committee has been discharged \n from further consideration of the resolution.\n (D) Rulings of the chair of procedure.--Appeals \n from the decisions of the Chair relating to the \n application of the rules of either House to the \n procedure relating to a joint resolution shall be \n decided without debate.\n (5) Coordination with action by other house.--\n (A) In general.--If, before the passage by 1 House \n of a joint resolution of that House, that House \n receives from the other House a joint resolution, the \n procedures stated in this paragraph shall apply.\n (B) No referral.--The joint resolution of the other \n House shall not be referred to a committee.\n (C) Procedure.--With respect to a joint resolution \n of the House receiving the joint resolution--\n (i) the procedure in that House shall be \n the same as if no joint resolution had been \n received from the other House; but\n (ii) the vote on final passage shall be on \n the joint resolution of the other House.\n (6) Rules of the senate and the house of representatives.--\n This subsection is enacted by Congress--\n (A) as an exercise of the rulemaking power of the \n Senate and the House of Representatives, respectively; \n and\n (i) is deemed a part of the rules of each \n House, respectively, but applicable only with \n respect to the procedure to be followed in that \n House in the case of a joint resolution; and\n (ii) supersedes other rules only to the \n extent that the subsection is inconsistent with \n those rules; and\n (B) with full recognition of the constitutional \n right of either House to change the rules (so far as \n the rules relate to the procedure of that House) at any \n time, in the same manner and to the same extent as in \n the case of any other rule of that House.\n\nSEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF \n CHINA FROM SECTIONS 4 AND 5.\n\n (a) In General.--Sections 4 and 5 shall not apply to a person or to \nthe People's Republic of China 15 days after the President reports to \nthe Committee on International Relations of the House of \nRepresentatives, the Committee on Foreign Relations of the Senate, the \nCommittee on Armed Services of the Senate, the Select Committee on \nIntelligence of the Senate, and the Committee on Governmental Affairs \nof the Senate, that the President has determined, on the basis of \ninformation provided by that person, or otherwise obtained by the \nPresident, that--\n (1) the person did not, on or after January 1, 2000, \n knowingly transfer to or export from the People's Republic of \n China the goods, services, or technology the apparent transfer \n or export of which caused that person to be identified in a \n report submitted pursuant to section 3(a);\n (2) the person is subject to the primary jurisdiction of a \n government that is an adherent to one or more relevant \n nonproliferation regimes, the person was identified in a report \n submitted pursuant to section 3(a) with respect to a transfer \n of goods, services, or technology described in section 3(a)(1), \n and such transfer was made consistent with the guidelines and \n parameters of all such relevant regimes of which such \n government is an adherent; or\n (3) it is important to the national security of the United \n States not to apply the provisions of section 4 or 5.\n (b) Opportunity To Provide Information.--Congress urges the \nPresident--\n (1) in every appropriate case, to contact in a timely \n fashion each person identified in each report submitted \n pursuant to section 3(a), or the government with primary \n jurisdiction over such person, in order to afford such person \n or government, the opportunity to provide explanatory, \n exculpatory, or other additional information with respect to \n the transfer that caused such person to be identified in a \n report submitted pursuant to section 3(a); and\n (2) to exercise the authority in subsection (a) in all \n cases where information obtained from a foreign person \n identified in a report submitted pursuant to section 3(a), or \n from the government with primary jurisdiction over such person, \n establishes that the exercise of such authority is warranted.\n (c) Submission in Classified Form.--The determination and report of \nthe President under subsection (a) should be submitted in unclassified \nform, with classified annexes as necessary.\n\nSEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT.\n\n (a) Definitions.--In this section, the following definitions shall \napply:\n (1) Commission.--The term ``Commission'' means the \n Securities and Exchange Commission.\n (2) Registered national securities association.--The term \n ``registered national securities association'' means an \n association registered under section 15A(b) of the Securities \n Exchange Act of 1934 (15 U.S.C. 78o-3(b)).\n (3) Registered national securities exchange.--The term \n ``registered national securities exchange'' means a national \n securities exchange registered under 6 of the Securities \n Exchange Act of 1934 (15 U.S.C. 78f).\n (4) Registration statement.--The term ``registration \n statement'' has the same meaning as in section 2 of the \n Securities Act of 1933 (15 U.S.C. 77b).\n (5) Securities laws.--The terms ``securities laws'' and \n ``security'' have the same meanings as in section 3 of the \n Securities Exchange Act of 1934 (15 U.S.C. 78c).\n (b) Notification to the Commission.--Each report prepared by the \nPresident under section 3 shall be transmitted to the Commission at the \ntimes specified in section 3(b).\n (c) Regulations.--Not later than 6 months after the date of \nenactment of this Act, the Commission shall promulgate regulations--\n (1) to ensure that securities investors are notified of the \n identity of any person included in a report prepared by the \n President under section 3, the securities of which are listed, \n or authorized for listing, on a registered national securities \n exchange (or tier or segment thereof) or by a registered \n national securities association; and\n (2) to require each person included in a report of the \n President under section 3 to provide notice of such inclusion \n in each written report, statement, or other filing or notice \n required from that person under the securities laws, \n including--\n (A) any registration statement;\n (B) any annual or quarterly report, statement, or \n other filing or notice;\n (C) any proxy, consent, authorization, information \n statement, or other notice required to be sent to \n shareholders with respect to any security registered \n pursuant to the securities laws;\n (D) any report, statement, or other filing or \n notice required in connection with an initial public \n offering; and\n (E) any report, statement, or other filing required \n in connection with a merger, acquisition, tender offer, \n or similar transaction.","summary":"Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act. (2) on measures taken against such persons or against China in response to proliferation activities. And (3) other specified information. Requires submission of such reports in unclassified form, with classified annexes as necessary. Directs the President to apply certain measures for at least 12 months to each person identified in the annual report. Includes among such measures: (1) those set forth Executive Order No. 12938. (2) prohibition of US Government transfers or sales to such person of any item on the US Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act. (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations. (4) prohibition of US Government procurement of any goods or services from such person. (5) prohibition of US assistance to such person in the form of grants, loans, credits, guarantees, or otherwise. (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the US Munitions List. Sets conditions for the lifting of such measures. Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures. Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision. Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act. Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange or by a registered national securities association. And (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws.","title":"China Nonproliferation Act","text_len":14026,"sum_len":3043} {"bill_id":"114_hr3515","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dismemberment Abortion Ban Act of \n2015''.\n\nSEC. 2. DISMEMBERMENT ABORTION BAN.\n\n (a) In General.--Chapter 74 of title 18, United States Code, is \namended by inserting after section 1531 the following:\n``Sec. 1532. Dismemberment abortion ban\n ``(a) Dismemberment Abortion Prohibited.--Any physician who, in or \naffecting interstate or foreign commerce, knowingly performs a \ndismemberment abortion and thereby kills an unborn child shall be fined \nunder this title or imprisoned not more than 2 years, or both. This \nsubsection does not apply to a dismemberment abortion that is necessary \nto save the life of a mother whose life is endangered by a physical \ndisorder, physical illness, or physical injury, including a life-\nendangering physical condition caused by or arising from the pregnancy \nitself.\n ``(b) Rule of Construction.--Nothing in this section shall be \nconstrued to limit abortions performed for any reason, including when \nthe pregnancy is a result of rape or incest, if performed by a method \nother than dismemberment abortion.\n ``(c) Civil Remedies.--\n ``(1) Civil action by a woman on whom an abortion is \n performed.--A woman upon whom an abortion has been performed in \n violation of any provision of this section may, in a civil \n action against any person who committed the violation, obtain \n appropriate relief.\n ``(2) Civil action by a parent of a minor on whom an \n abortion is performed.--A parent of a minor upon whom an \n abortion has been performed in violation of any provision of \n this section may, in a civil action against any person who \n committed the violation obtain appropriate relief, unless the \n pregnancy resulted from the plaintiff's criminal conduct.\n ``(3) Appropriate relief.--Appropriate relief in a civil \n action under this subsection includes--\n ``(A) objectively verifiable money damages for all \n injuries, psychological and physical, occasioned by the \n violation;\n ``(B) statutory damages equal to three times the \n cost of the abortion; and\n ``(C) punitive damages.\n ``(4) Attorneys fees for plaintiff.--The court shall award \n a reasonable attorney's fee as part of the costs to a \n prevailing plaintiff in a civil action under this subsection.\n ``(5) Attorneys fees for defendant.--If a defendant in a \n civil action under this subsection prevails and the court finds \n that the plaintiff's suit was frivolous, the court shall award \n a reasonable attorney's fee in favor of the defendant against \n the plaintiff.\n ``(6) Awards against woman.--Except under paragraph (5), in \n a civil action under this subsection, no damages, attorney's \n fee or other monetary relief may be assessed against the woman \n upon whom the abortion was performed or attempted.\n ``(d) Immunity From Prosecution for Woman Upon Whom a Dismemberment \nAbortion Is Performed.--A woman upon whom a dismemberment abortion is \nperformed may not be prosecuted under this section, for a conspiracy to \nviolate this section, or for an offense under section 2, 3, or 4 of \nthis title based on a violation of this section.\n ``(e) Definitions.--In this section--\n ``(1) Abortion.--The term `abortion' means the use or \n prescription of any instrument, medicine, drug, or any other \n substance or device--\n ``(A) to intentionally kill the unborn child of a \n woman known to be pregnant; or\n ``(B) to intentionally terminate the pregnancy of a \n woman known to be pregnant, with an intention other \n than--\n ``(i) after viability to produce a live \n birth and preserve the life and health of the \n child born alive; or\n ``(ii) to remove a dead unborn child.\n ``(2) Dismemberment abortion.--The term `dismemberment \n abortion'--\n ``(A) means, with the purpose of causing the death \n of an unborn child, knowingly dismembering a living \n unborn child and extracting such unborn child one piece \n at a time or intact but crushed from the uterus through \n the use of clamps, grasping forceps, tongs, scissors or \n similar instruments that, through the convergence of \n two rigid levers, slice, crush or grasp a portion of \n the unborn child's body in order to cut or rip it off \n or crush it; but\n ``(B) does not include an abortion which uses \n suction to dismember the body of the unborn child by \n sucking fetal parts into a collection container unless \n the actions described in subparagraph (A) are used to \n cause the death of an unborn child but suction is \n subsequently used to extract fetal parts after the \n death of the unborn child.\n ``(3) Minor.--The term `minor' means an individual who has \n not attained the age of 18 years.\n ``(4) Physician.--The term `physician' means a doctor of \n medicine or osteopathy legally authorized to practice medicine \n and surgery by the State in which the doctor performs such \n activity, or any other individual legally authorized by the \n State to perform abortions: Provided, however, That any \n individual who is not a physician or not otherwise legally \n authorized by the State to perform abortions, but who \n nevertheless directly performs an abortion prohibited in this \n section shall be subject to the provisions of this section.\n ``(5) Unborn child.--The term `unborn child' means an \n individual organism of the species homo sapiens, beginning at \n fertilization, until the point of being born alive as defined \n in section 8(b) of title 1.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 74 of title 18, United States Code, is amended by adding at the \nend the following new item:\n\n``1532. Dismemberment abortion ban.''.\n (c) Chapter Heading Amendments.--\n (1) Chapter heading in chapter.--The chapter heading for \n chapter 74 of title 18, United States Code, is amended by \n striking ``PARTIAL-BIRTH ABORTIONS'' and inserting \n ``ABORTIONS''.\n (2) Table of chapters for part i.--The item relating to \n chapter 74 in the table of chapters at the beginning of part I \n of title 18, United States Code, is amended by striking \n ``Partial-birth abortions'' and inserting ``Abortions''.","summary":"Dismemberment Abortion Ban Act of 2015 This bill amends the federal criminal code to prohibit a physician from knowingly performing a dismemberment abortion. It provides a definition of the term quot, dismemberment abortion. quot. A physician who performs a dismemberment abortion is subject to a criminal fine, up to two years in prison, or both, unless the dismemberment abortion was necessary to save the mother's life. A woman or a parent of a minor who undergoes a dismemberment abortion may file a civil action for damages against an individual who violates this bill. The legislation bars the criminal prosecution of a woman who undergoes a dismemberment abortion for conspiracy to violate the provisions of this bill, for being a principal or an accessory after the fact, or for concealment of felony.","title":"Dismemberment Abortion Ban Act of 2015","text_len":7035,"sum_len":809} {"bill_id":"112_s477","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Excess Prevention Act of \n2011''.\n\nSEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Director of the Office of Management and Budget shall coordinate \nwith the heads of Federal departments and independent agencies to--\n (1) determine which Government publications could be \n available on Government websites and no longer printed and to \n devise a strategy to reduce overall Government printing costs \n over the 10-year period beginning with fiscal year 2012, except \n that the Director shall ensure that essential printed documents \n prepared for Social Security recipients, Medicare \n beneficiaries, and other populations in areas with limited \n Internet access or use continue to remain available;\n (2) establish government-wide Federal guidelines on \n employee printing;\n (3) issue on the Office of Management and Budget's public \n website the results of a cost-benefit analysis on implementing \n a digital signature system and on establishing employee \n printing identification systems, such as the use of individual \n employee cards or codes, to monitor the amount of printing done \n by Federal employees; except that the Director of the Office of \n Management and Budget shall ensure that Federal employee \n printing costs unrelated to national defense, homeland \n security, border security, national disasters, and other \n emergencies do not exceed $860,000,000 annually; and\n (4) issue guidelines requiring every department, agency, \n commission, or office to list at a prominent place near the \n beginning of each publication distributed to the public and \n issued or paid for by the Federal Government--\n (A) the name of the issuing agency, department, \n commission, or office;\n (B) the total number of copies of the document \n printed;\n (C) the collective cost of producing and printing \n all of the copies of the document; and\n (D) the name of the firm publishing the document.\n\nSEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS.\n\n (a) In General.--Notwithstanding any other provision of law, the \ntotal amount which is paid or reimbursed by an agency under subchapter \nI of chapter 57 of title 5, United States Code (relating to travel and \nsubsistence expenses; mileage allowances for official travel by Federal \nemployees) may not, for any of the 5 fiscal years beginning after the \ndate of enactment of this Act, exceed 50 percent of the total amount so \npaid or reimbursed by such agency for the fiscal year in which such \ndate of enactment occurs.\n (b) Exceptions.--For purposes of carrying out subsection (a), there \nshall not be taken into account the amounts paid or reimbursed for--\n (1) any subsistence or travel expenses for threatened law \n enforcement personnel, as described in section 5706a of title \n 5, United States Code; or\n (2) any other expenses for which an exception is \n established under subsection (c) for reasons relating to \n national security or public safety.\n (c) Regulations.--Any regulations necessary to carry out this \nsection shall, in consultation with the Director of the Office of \nManagement and Budget, be prescribed by the same respective authorities \nas are responsible for prescribing regulations under section 5707 of \ntitle 5, United States Code.\n\nSEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS.\n\n Notwithstanding any other provision of law--\n (1) of the amounts made available to the General Services \n Administration for the acquisition of new vehicles for the \n Federal fleet for fiscal year 2011 and remaining unobligated as \n of the date of enactment of this Act, an amount equal to 20 \n percent of all such amounts is rescinded;\n (2) for fiscal year 2012 and each fiscal year thereafter--\n (A) the amount made available to the General \n Services Administration for the acquisition of new \n vehicles for the Federal fleet shall not exceed an \n amount equal to 80 percent of the amount made available \n for the acquisition of those vehicles for fiscal year \n 2011 (before application of paragraph (1)); and\n (B) the number of new vehicles acquired by the \n General Services Administration for the Federal fleet \n shall not exceed a number equal to 50 percent of the \n vehicles so acquired for fiscal year 2011; and\n (3) any amounts made available under the American Recovery \n and Reinvestment Act of 2009 (Public Law 111-5) for the \n acquisition of new vehicles for the Federal fleet shall be \n disregarded for purposes of determining the baseline.","summary":"Government Excess Prevention Act of 2011 - Directs the Director of the Office of Management and Budget (OMB) to coordinate with federal agencies to: (1) determine which government publications could be published on government websites and devise a strategy to reduce government printing costs over the 10-year period beginning with FY2012, (2) issue on OMB's public website the results of a cost-benefit analysis for monitoring government printing, and (3) establish guidelines on employee printing and for disclosing the cost of printing government publications. Imposes limitations on government travel and subsistence expenses, except for expenses incurred for threatened law enforcement personnel and for other expenses related to national security or public safety. Rescinds in FY2011 20 of the funding for the acquisition of new vehicles for the federal fleet by the General Services Administration (GSA). Imposes limitations on such funding in FY2012 and subsequent fiscal years.","title":"A bill to limit Government printing, Government travel costs, and Federal vehicle costs.","text_len":5157,"sum_len":986} {"bill_id":"106_hr3249","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Artists' Contribution to American \nHeritage Act of 1999''.\n\nSEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE \n TAXPAYER.\n\n (a) In General.--Subsection (e) of section 170 of the Internal \nRevenue Code of 1986 (relating to certain contributions of ordinary \nincome and capital gain property) is amended by adding at the end the \nfollowing new paragraph:\n ``(7) Special rule for certain contributions of literary, \n musical, or artistic compositions.--\n ``(A) In general.--In the case of a qualified \n artistic charitable contribution--\n ``(i) the amount of such contribution shall \n be the fair market value of the property \n contributed (determined at the time of such \n contribution), and\n ``(ii) no reduction in the amount of such \n contribution shall be made under paragraph (1).\n ``(B) Qualified artistic charitable contribution.--\n For purposes of this paragraph, the term `qualified \n artistic charitable contribution' means a charitable \n contribution of any literary, musical, artistic, or \n scholarly composition, or similar property, or the \n copyright thereon (or both), but only if--\n ``(i) such property was created by the \n personal efforts of the taxpayer making such \n contribution no less than 18 months prior to \n such contribution,\n ``(ii) the taxpayer--\n ``(I) has received a qualified \n appraisal of the fair market value of \n such property in accordance with the \n regulations under this section, and\n ``(II) attaches to the taxpayer's \n income tax return for the taxable year \n in which such contribution was made a \n copy of such appraisal,\n ``(iii) the donee is an organization \n described in subsection (b)(1)(A),\n ``(iv) the use of such property by the \n donee is related to the purpose or function \n constituting the basis for the donee's \n exemption under section 501 (or, in the case of \n a governmental unit, to any purpose or function \n described under subsection (c)),\n ``(v) the taxpayer receives from the donee \n a written statement representing that the \n donee's use of the property will be in \n accordance with the provisions of clause (iv), \n and\n ``(vi) the written appraisal referred to in \n clause (ii) includes evidence of the extent (if \n any) to which property created by the personal \n efforts of the taxpayer and of the same type as \n the donated property is or has been--\n ``(I) owned, maintained, and \n displayed by organizations described in \n subsection (b)(1)(A), and\n ``(II) sold to or exchanged by \n persons other than the taxpayer, donee, \n or any related person (as defined in \n section 465(b)(3)(C)).\n ``(C) Maximum dollar limitation; no carryover of \n increased deduction.--The increase in the deduction \n under this section by reason of this paragraph for any \n taxable year--\n ``(i) shall not exceed the artistic \n adjusted gross income of the taxpayer for such \n taxable year, and\n ``(ii) shall not be taken into account in \n determining the amount which may be carried \n from such taxable year under subsection (d).\n ``(D) Artistic adjusted gross income.--For purposes \n of this paragraph, the term `artistic adjusted gross \n income' means that portion of the adjusted gross income \n of the taxpayer for the taxable year attributable to--\n ``(i) income from the sale or use of \n property created by the personal efforts of the \n taxpayer which is of the same type as the \n donated property, and\n ``(ii) income from teaching, lecturing, \n performing, or similar activity with respect to \n property described in clause (i).\n ``(E) Paragraph not to apply to certain \n contributions.--Subparagraph (A) shall not apply to any \n charitable contribution of any letter, memorandum, or \n similar property which was written, prepared, or \n produced by or for an individual while the individual \n is an officer or employee of any person (including any \n government agency or instrumentality) unless such \n letter, memorandum, or similar property is entirely \n personal.\n ``(F) Copyright treated as separate property for \n partial interest rule.--In the case of a qualified \n artistic charitable contribution, the tangible \n literary, musical, artistic, or scholarly composition, \n or similar property and the copyright on such work \n shall be treated as separate properties for purposes of \n this paragraph and subsection (f)(3).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto contributions made after the date of the enactment of this Act in \ntaxable years ending after such date.","summary":"Limits such increased deduction to the donor's artistic adjusted income .","title":"Artists' Contribution to American Heritage Act of 1999","text_len":6572,"sum_len":73} {"bill_id":"111_hr1704","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mental Health on Campus Improvement \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The 2007 National Survey of Counseling Center Directors \n found that the average ratio of counselors to students on \n campus is nearly 1 to 2,000 and is often far higher on large \n campuses. The International Association of Counseling Services \n accreditation standards recommend 1 counselor per 1,000 to \n 1,500 students.\n (2) College counselors report that 8.5 percent of enrolled \n students sought counseling in the past year, totaling an \n estimated 1,600,000 students.\n (3) Over 90 percent of counseling directors believe there \n is an increase in the number of students coming to campus with \n severe psychological problems. The majority of counseling \n directors report concerns that the demand for services is \n growing without an increase in resources.\n (4) A 2008 American College Health Association survey \n revealed that 43 percent of students at colleges and \n universities report having felt so depressed it was difficult \n to function, and one out of every 11 students seriously \n considered suicide within the past year.\n (5) Research conducted between 1989 and 2002 found that \n students seen for anxiety disorders doubled, for depression \n tripled, and for serious suicidal intention tripled.\n (6) Many students who need help never receive it. \n Counseling directors report that, of the students who committed \n suicide on their campuses, only 22 percent were current or \n former counseling center clients. Directors did not know the \n previous psychiatric history of 60 percent of those students.\n (7) A survey conducted by the University of Idaho Student \n Counseling Center in 2000 found that 77 percent of students who \n responded reported that they were more likely to stay in school \n because of counseling and that their school performance would \n have declined without counseling.\n (8) A 6-year longitudinal study of college students found \n that personal and emotional adjustment was an important factor \n in retention and predicted attrition as well as, or better \n than, academic adjustment (Gerdes & Mallinckrodt, 1994).\n\nSEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES.\n\n Title V of the Public Health Service Act is amended by inserting \nafter section 520E-2 (42 U.S.C. 290bb-36b) the following:\n\n``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON \n COLLEGE CAMPUSES.\n\n ``(a) Purpose.--It is the purpose of this section, with respect to \ncollege and university settings, to--\n ``(1) increase access to mental and behavioral health \n services;\n ``(2) foster and improve the prevention of mental and \n behavioral health disorders, and the promotion of mental \n health;\n ``(3) improve the identification and treatment for students \n at risk;\n ``(4) improve collaboration and the development of \n appropriate levels of mental and behavioral health care;\n ``(5) reduce the stigma for students with mental health \n disorders and enhance their access to mental health services; \n and\n ``(6) improve the efficacy of outreach efforts.\n ``(b) Grants.--The Secretary, acting through the Administrator and \nin consultation with the Secretary of Education, shall award \ncompetitive grants to eligible entities to improve mental and \nbehavioral health services and outreach on college and university \ncampuses.\n ``(c) Eligibility.--To be eligible to receive a grant under \nsubsection (b), an entity shall--\n ``(1) be an institution of higher education (as defined in \n section 101 of the Higher Education Act of 1965 (20 U.S.C. \n 1001)); and\n ``(2) submit to the Secretary an application at such time, \n in such manner, and containing such information as the \n Secretary may require, including the information required under \n subsection (d).\n ``(d) Application.--An application for a grant under this section \nshall include--\n ``(1) a description of the population to be targeted by the \n program carried out under the grant, the particular mental and \n behavioral health needs of the students involved, and the \n Federal, State, local, private, and institutional resources \n available for meeting the needs of such students at the time \n the application is submitted;\n ``(2) an outline of the objectives of the program carried \n out under the grant;\n ``(3) a description of activities, services, and training \n to be provided under the program, including planned outreach \n strategies to reach students not currently seeking services;\n ``(4) a plan to seek input from community mental health \n providers, when available, community groups, and other public \n and private entities in carrying out the program;\n ``(5) a plan, when applicable, to meet the specific mental \n and behavioral health needs of veterans attending institutions \n of higher education;\n ``(6) a description of the methods to be used to evaluate \n the outcomes and effectiveness of the program; and\n ``(7) an assurance that grant funds will be used to \n supplement, and not supplant, any other Federal, State, or \n local funds available to carry out activities of the type \n carried out under the grant.\n ``(e) Special Considerations.--In awarding grants under this \nsection, the Secretary shall give special consideration to applications \nthat describe programs to be carried out under the grant that--\n ``(1) demonstrate the greatest need for new or additional \n mental and behavioral health services, in part by providing \n information on current ratios of students to mental and \n behavioral health professionals;\n ``(2) propose effective approaches for initiating or \n expanding campus services and supports using evidence-based \n practices;\n ``(3) target traditionally underserved populations and \n populations most at risk;\n ``(4) where possible, demonstrate an awareness of, and a \n willingness to, coordinate with a community mental health \n center or other mental health resource in the community, to \n support screening and referral of students requiring intensive \n services;\n ``(5) identify how the college or university will address \n psychiatric emergencies, including how information will be \n communicated with families or other appropriate parties; and\n ``(6) demonstrate the greatest potential for replication \n and dissemination.\n ``(f) Use of Funds.--Amounts received under a grant under this \nsection may be used to--\n ``(1) provide mental and behavioral health services to \n students, including prevention, promotion of mental health, \n screening, early intervention, assessment, treatment, \n management, and education services relating to the mental and \n behavioral health of students;\n ``(2) provide outreach services to notify students about \n the existence of mental and behavioral health services;\n ``(3) educate families, peers, faculty, staff, and \n communities to increase awareness of mental health issues;\n ``(4) support student groups on campus that engage in \n activities to educate students, reduce stigma surrounding \n mental and behavioral disorders, and promote mental health \n wellness;\n ``(5) employ appropriately trained staff;\n ``(6) expand mental health training through internship, \n post-doctorate, and residency programs;\n ``(7) develop and support evidence-based and emerging best \n practices, including a focus on culturally and linguistically \n appropriate best practices; and\n ``(8) evaluate and disseminate best practices to other \n colleges and universities.\n ``(g) Duration of Grants.--A grant under this section shall be \nawarded for a period not to exceed 3 years.\n ``(h) Evaluation and Reporting.--\n ``(1) Evaluation.--Not later than 18 months after the date \n on which a grant is received under this section, the eligible \n entity involved shall submit to the Secretary the results of an \n evaluation to be conducted by the entity concerning the \n effectiveness of the activities carried out under the grant and \n plans for the sustainability of such efforts.\n ``(2) Report.--Not later than 2 years after the date of \n enactment of this section, the Secretary shall submit to the \n appropriate committees of Congress a report concerning the \n results of--\n ``(A) the evaluations conducted under paragraph \n (1); and\n ``(B) an evaluation conducted by the Secretary to \n analyze the effectiveness and efficacy of the \n activities conducted with grants under this section.\n ``(i) Technical Assistance.--The Secretary may provide technical \nassistance to grantees in carrying out this section.\n ``(j) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\n``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON \n COLLEGE CAMPUSES.\n\n ``(a) Purpose.--It is the purpose of this section to increase \naccess to, and reduce the stigma associated with, mental health \nservices so as to ensure that college students have the support \nnecessary to successfully complete their studies.\n ``(b) National Public Education Campaign.--The Secretary, acting \nthrough the Administrator and in collaboration with the Director of the \nCenters for Disease Control and Prevention, shall convene an \ninteragency, public-private sector working group to plan, establish, \nand begin coordinating and evaluating a targeted public education \ncampaign that is designed to focus on mental and behavioral health on \ncollege campuses. Such campaign shall be designed to--\n ``(1) improve the general understanding of mental health \n and mental health disorders;\n ``(2) encourage help-seeking behaviors relating to the \n promotion of mental health, prevention of mental health \n disorders, and treatment of such disorders;\n ``(3) make the connection between mental and behavioral \n health and academic success; and\n ``(4) assist the general public in identifying the early \n warning signs and reducing the stigma of mental illness.\n ``(c) Composition.--The working group under subsection (b) shall \ninclude--\n ``(1) mental health consumers, including students and \n family members;\n ``(2) representatives of colleges and universities;\n ``(3) representatives of national mental and behavioral \n health and college associations;\n ``(4) representatives of college health promotion and \n prevention organizations;\n ``(5) representatives of mental health providers, including \n community mental health centers; and\n ``(6) representatives of private- and public-sector groups \n with experience in the development of effective public health \n education campaigns.\n ``(d) Plan.--The working group under subsection (b) shall develop a \nplan that shall--\n ``(1) target promotional and educational efforts to the \n college age population and individuals who are employed in \n college and university settings, including the use of \n roundtables;\n ``(2) develop and propose the implementation of research-\n based public health messages and activities;\n ``(3) provide support for local efforts to reduce stigma by \n using the National Mental Health Information Center as a \n primary point of contact for information, publications, and \n service program referrals; and\n ``(4) develop and propose the implementation of a social \n marketing campaign that is targeted at the college population \n and individuals who are employed in college and university \n settings.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n\nSEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.\n\n (a) Purpose.--It is the purpose of this section, pursuant to \nExecutive Order 13263 (and the recommendations issued under section \n6(b) of such Order), to provide for the establishment of a College \nCampus Task Force under the Federal Executive Steering Committee on \nMental Health, to discuss mental and behavioral health concerns on \ncollege and university campuses.\n (b) Establishment.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary'') shall establish a \nCollege Campus Task Force (referred to in this section as the ``Task \nForce''), under the Federal Executive Steering Committee on Mental \nHealth, to discuss mental and behavioral health concerns on college and \nuniversity campuses.\n (c) Membership.--The Task Force shall be composed of a \nrepresentative from each Federal agency (as appointed by the head of \nthe agency) that has jurisdiction over, or is affected by, mental \nhealth and education policies and projects, including--\n (1) the Department of Education;\n (2) the Department of Health and Human Services;\n (3) the Department of Veterans Affairs; and\n (4) such other Federal agencies as the Administrator of the \n Substance Abuse and Mental Health Services Administration and \n the Secretary jointly determine to be appropriate.\n (d) Duties.--The Task Force shall--\n (1) serve as a centralized mechanism to coordinate a \n national effort--\n (A) to discuss and evaluate evidence and knowledge \n on mental and behavioral health services available to, \n and the prevalence of mental health illness among, the \n college age population of the United States;\n (B) to determine the range of effective, feasible, \n and comprehensive actions to improve mental and \n\n behavioral health on college and university campuses;\n (C) to examine and better address the needs of the \n college age population dealing with mental illness;\n (D) to survey Federal agencies to determine which \n policies are effective in encouraging, and how best to \n facilitate outreach without duplicating, efforts \n relating to mental and behavioral health promotion;\n (E) to establish specific goals within and across \n Federal agencies for mental health promotion, including \n determinations of accountability for reaching those \n goals;\n (F) to develop a strategy for allocating \n responsibilities and ensuring participation in mental \n and behavioral health promotions, particularly in the \n case of competing agency priorities;\n (G) to coordinate plans to communicate research \n results relating to mental and behavioral health \n amongst the college age population to enable reporting \n and outreach activities to produce more useful and \n timely information;\n (H) to provide a description of evidence-based best \n practices, model programs, effective guidelines, and \n other strategies for promoting mental and behavioral \n health on college and university campuses;\n (I) to make recommendations to improve Federal \n efforts relating to mental and behavioral health \n promotion on college campuses and to ensure Federal \n efforts are consistent with available standards and \n evidence and other programs in existence as of the date \n of enactment of this Act; and\n (J) to monitor Federal progress in meeting specific \n mental and behavioral health promotion goals as they \n relate to college and university settings;\n (2) consult with national organizations with expertise in \n mental and behavioral health, especially those organizations \n working with the college age population; and\n (3) consult with and seek input from mental health \n professionals working on college and university campuses as \n appropriate.\n (e) Meetings.--\n (1) In general.--The Task Force shall meet at least 3 times \n each year.\n (2) Annual conference.--The Secretary shall sponsor an \n annual conference on mental and behavioral health in college \n and university settings to enhance coordination, build \n partnerships, and share best practices in mental and behavioral \n health promotion, data collection, analysis, and services.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.","summary":"Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses. Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need, (2) propose effective approaches for initiating or expanding campus services, (3) target underserved and at-risk populations. (4) coordinate with a community mental health center or other community mental health resources. (5) identify how the college or university will address psychiatric emergencies. And (6) demonstrate the greatest potential for replication and dissemination. Allows the Secretary to provide technical assistance to grantees. Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses.","title":"To amend the Public Health Service Act to improve mental and behavioral health services on college campuses.","text_len":18084,"sum_len":1390} {"bill_id":"109_hr5113","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fairness and Accountability in \nReorganizations Act of 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) it is becoming more common for corporations that file \n for bankruptcy protection under chapter 11 of title 11, United \n States Code, to ask for great sacrifices from workers, \n retirees, creditors, and former shareholders, while executives \n provide themselves with generous bonuses and other forms of \n lucrative compensation;\n (2) in the case of one company, an executive pay package \n for key employees would have given executives and managers \n $510,000,000 in compensation, while rank-and-file workers were \n asked to take large wage cuts or forced to lose their jobs;\n (3) decency requires that the highly paid not seek to \n enrich themselves on the backs of working families;\n (4) some bankruptcies involve companies with both foreign \n and domestic operations, and judges need to be able to evaluate \n the entirety of the operations when deciding whether sacrifices \n by American workers and retirees are necessary; and\n (5) there is a need for fairness and accountability and a \n new partnership for the future of the American workforce.\n\nSEC. 3. EXECUTIVE COMPENSATION.\n\n Section 1129(a)(5) of title 11, United States Code, is amended--\n (1) in subparagraph (A)(ii), by striking ``and'' at the \n end; and\n (2) in subparagraph (B), by striking the period at the end \n and inserting the following:\n ``; and\n ``(C) the compensation disclosed pursuant to subparagraph \n (B) has been approved by, or is subject to the approval of, the \n court, as reasonable.''.\n\nSEC. 4. LIMITATIONS ON COMPENSATION ENHANCEMENTS.\n\n Section 503(c) of title 11, United States Code, is amended--\n (1) in paragraph (1), by inserting ``, or for the payment \n of a performance, incentive, or other bonus, or any other \n compensation enhancement'' after ``remain with the debtor's \n business''; and\n (2) by striking paragraph (3) and inserting the following:\n ``(3) other transfers or obligations, whether or not \n outside of the ordinary course of business, to or for the \n benefit of officers, managers, or consultants retained by the \n debtor, before or after the filing of the petition, in the \n absence of a finding by the court based upon evidence in the \n record, and without deference to the debtor's request for such \n payments, that such transfers or obligations are essential to \n the survival of the business or (in the case of a liquidation \n of some or all of the debtors' assets) essential to the orderly \n liquidation and maximization of value of the assets of the \n debtor, in either case, because of the essential nature of the \n services provided, and then only to the extent that the court \n finds those transfers or obligations are reasonable under the \n circumstances of the case.''.\n\nSEC. 5. TREATMENT OF FOREIGN AFFILIATES.\n\n (a) Collective Bargaining Agreements.--Section 1113(d) of title 11, \nUnited States Code, is amended by adding at the end the following:\n ``(4) Foreign Affiliates.--In determining whether the proposal \nrequired by subsection (b)(1) provides for those necessary \nmodifications in employee benefits and protections that are necessary \nto permit the reorganization of the debtor and assures that all \ncreditors, the debtor, and all affected parties are treated fairly and \nequitably, the court shall take into account the ongoing impact on the \ndebtor of the debtor's relationship with all subsidiaries and \naffiliates, regardless of whether any such subsidiary or affiliate is \ndomestic or nondomestic, or whether any such subsidiary or affiliate is \na debtor entity.''.\n (b) Retiree Health Benefits.--Section 1114 of title 11, United \nStates Code, is amended by adding at the end the following:\n ``(n) Retiree Health Benefits; Foreign Affiliates.--In determining \nwhether the proposal required by subsection (f)(1)(A) provides for \nthose necessary modifications in retiree benefits that are necessary to \npermit the reorganization of the debtor and assures that all creditors, \nthe debtor, and all affected parties are treated fairly and equitably, \nthe court shall take into account the ongoing impact on the debtor of \nthe debtor's relationship with all subsidiaries and affiliates, \nregardless of whether any such subsidiary or affiliate is domestic or \nnondomestic, or whether any such subsidiary or affiliate is a debtor \nentity.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n Notwithstanding any other provision of law, the amendments made by \nthis Act shall apply to any case under chapter 11 of title 11, United \nStates Code, filed or pending on or after October 1, 2005.","summary":"Fairness and Accountability in Reorganizations Act of 2006 - Revises federal bankruptcy law to add to the conditions for court confirmation of a corporate reorganization plan that the compensation of an insider who will be employed or retained by the reorganized debtor has been approved by, or is subject to the approval of, the court, as reasonable. Prohibits the payment of a compensation enhancement in order to induce an insider of the debtor to remain with the debtor's business, unless the court finds that any transfers or obligations to or for the insider's benefit are essential to the survival of the business, or to the orderly liquidation and maximization of the value of the debtor's assets. Revises requirements for collective bargaining agreements and retiree health benefits to instruct the court to take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether domestic or foreign, or whether any such subsidiary or affiliate is a debtor entity.","title":"To amend title 11, United States Code, with respect to reform of executive compensation in corporate bankruptcies.","text_len":5039,"sum_len":1041} {"bill_id":"112_s3498","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Syria Humanitarian Support and \nDemocratic Transition Assistance Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In March 2011, peaceful demonstrations in Syria began \n against the authoritarian rule of Bashar al-Assad. The regime \n responded with terrible violence against the citizens of Syria, \n including the use of weapons of war, torture, extrajudicial \n killings, arbitrary executions, sexual violence, and \n interference with access to medical treatment.\n (2) In December 2011, the Government of Syria agreed to \n allow an Arab League observer group into the country to assess \n the humanitarian and political situation on the ground. \n However, on January 28, 2012, the League officially ended its \n observer mission, citing escalating violence and the \n intransigence of the Assad regime.\n (3) In February 2012, the group Friends of the Syrian \n People met in Tunis and issued a declaration demanding, among \n other things, that the Syrian regime ``allow free and unimpeded \n access by the UN and humanitarian agencies to carry out a full \n assessment of needs''.\n (4) On March 16, 2012, United Nations and League of Arab \n States Special Envoy Kofi Annan presented a six-point peace \n plan for Syria that called on the Government of Syria to, among \n other things--\n (A) commit to stop the fighting and urgently \n achieve a United Nations-supervised cessation of \n violence;\n (B) cease military activity in and around civilian \n population centers;\n (C) work with the Envoy in an inclusive Syrian-led \n political process;\n (D) ensure timely provision of humanitarian \n assistance;\n (E) release arbitrarily detained persons;\n (F) ensure freedom of movement for journalists; and\n (G) respect the freedom of association and the \n right to demonstrate peacefully.\n (5) In March 2012, the United Nations Refugee Agency \n (UNHCR) appealed for $84,100,000 to assist approximately 30,000 \n Syrian refugees living outside the country. Panos Moumtzis was \n appointed Regional Refugee Coordinator for Syria by UNHCR, \n indicating the importance of responding to the growing needs of \n Syrian refugees.\n (6) In April 2012, the group Friends of the Syrian People \n met in Istanbul and committed to increase pressure on the Assad \n regime, provide greater humanitarian relief to people in need, \n and support the Syrian opposition as it works toward an \n inclusive democratic transition.\n (7) As of July 2012, the London-based Syrian Observatory \n for Human Rights estimated that more than 20,000 people have \n been killed as a result of the violence in Syria, while the \n United Nations has reportedly stopped keeping track of casualty \n numbers due to the difficulty in obtaining accurate information \n from inside Syria.\n (8) As a result of the violence, the United Nations \n estimates that 1,500,000 people are in need of humanitarian \n assistance, including access to food, water, shelter, and \n medical care. Basic services such as health care, education, \n and electricity have also been cut off in some parts of the \n country.\n (9) Syria faces growing food insecurity, as wheat harvests \n have declined due to drought. The United Nations expects aid \n agencies to provide food aid to 850,000 Syrians in July 2012, \n up from 500,000 the previous month.\n (10) Hundreds of thousands of Syrians have fled the country \n due to escalating violence. According to the United Nations, \n there are more than 100,000 Syrian refugees registered in \n Lebanon, Turkey, Jordan, and Iraq, and even more who are \n unregistered. According to the Syrian Arab Red Crescent, \n hundreds of thousands of Syrians are displaced within the \n country. More than three-quarters of refugees and internally \n displaced persons are women and children, who are particularly \n vulnerable to economic and physical insecurity.\n (11) In June 2012, UNHCR more than doubled its appeal for \n assistance for Syrian refugees to $193,000,000, reflecting the \n significant increase in the number of refugees in need of \n assistance.\n (12) The United Nations requested an additional \n $189,000,000 to meet humanitarian needs inside Syria. According \n to a United Nations spokesperson, only about 20 percent of \n these appeals have been funded. In July 2012, John Ging, \n Director of Operations for the United Nations Office for the \n Coordination of Humanitarian Affairs, said, ``If we don't get \n more money, people will die.''\n (13) The United Nations Children's Fund (UNICEF) issued an \n urgent appeal for $20,000,000 to meet the emergency needs of \n children and young people who have fled the violence in Syria. \n UNICEF estimates that it will need to provide humanitarian \n support and basic services to approximately 90,000 Syrian \n children between July and December 2012. As of July 2012, \n UNICEF has received less than $6,000,000 to provide support and \n protection to the most vulnerable victims of the crisis in \n Syria.\n (14) An agreement between the United Nations and the Syrian \n regime to facilitate the delivery of humanitarian assistance in \n the country has allowed aid workers greater access to victims \n of the conflict. However, staff of the International Committee \n of the Red Cross and the Syrian Arab Red Crescent cite security \n concerns as a major obstacle to aid distribution. The \n Government of Syria is also refusing to grant visas for aid \n workers from countries that have criticized the regime, \n including the United States, Canada, the United Kingdom, and \n France.\n (15) In July 2012, Human Rights Watch reported widespread \n torture and mistreatment of political prisoners being held in \n detention facilities managed by intelligence agencies of the \n Government of Syria. The report cites overcrowding, denial of \n adequate food and medical assistance, and the routine use of a \n wide range of torture methods. The report also raised concerns \n that authorities in Syria could choose to kill detainees rather \n than allow them to be released in the event of a political \n transition.\n (16) As of July 2012, the United States Government has \n pledged $52,000,000 in humanitarian and non-lethal assistance \n to Syria.\n (17) According to the Unclassified Report to Congress on \n the Acquisition of Technology Relating to Weapons of Mass \n Destruction and Advanced Conventional Munitions Covering 1 \n January to 31 December 2011, ``Syria has had a [chemical \n weapons] program for many years and has a stockpile of CW \n agents, which can be delivered by aerial bombs, ballistic \n missiles, and artillery rockets.'' In a hearing before the \n Committee on Armed Services of the Senate in March 2012, \n Chairman of the Joint Chiefs of Staff General Martin Dempsey \n testified that the magnitude of Syria's chemical weapons \n arsenal was ``100 times more than we experienced in Libya''. \n The Government of Syria's stockpiles are thought to include \n mustard, sarin, and VX gases.\n (18) There are concerns about the existence of numerous \n rebel militias and their role in Syria during a post-transition \n period. On June 30, 2012, during an international meeting on \n Syria in Geneva, Special Envoy Kofi Annan said, ``A transition \n must be implemented in a climate of safety for all, stability \n and calm, including completion of withdrawals and the \n disarming, demobilization and reintegration of armed groups.''\n\nSEC. 3. STATEMENT OF POLICY.\n\n It is the policy of the United States--\n (1) to strongly condemn the ongoing violence and widespread \n human rights violations perpetrated against the Syrian people \n by the regime of President Bashar al-Assad;\n (2) to promote the protection of civilians and innocent \n victims of the conflict in Syria, particularly women and \n children who are displaced and vulnerable to physical \n exploitation;\n (3) to assist the people of Syria in meeting basic needs, \n including access to food, health care, shelter, and clean \n drinking water;\n (4) to support efforts of democratically oriented political \n opposition groups in Syria to agree upon a political transition \n plan that is inclusive and reflects the democratic aspirations \n of all minority ethnic groups in the country;\n (5) to work with the international community, including \n multilateral organizations and host countries, to support \n Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq;\n (6) to support efforts to identify, recover, and dispose of \n chemical weapons and other conventional and unconventional \n weapons stockpiled in Syria; and\n (7) to help ensure that, once a stable transitional \n government is established in Syria, it is committed to \n multiparty democracy, open and transparent governance, respect \n for human rights and religious freedom, promoting peace and \n stability with its neighbors, enhancing the rule of law, and \n rehabilitating and reintegrating former combatants.\n\nSEC. 4. SPECIAL ENVOY FOR SYRIA.\n\n (a) Appointment of Special Envoy.--Not later than 30 days after the \ndate of the enactment of this Act, the President shall appoint a \nSpecial Envoy for Syria to coordinate United States engagement with the \ncountry and to ensure that the United States Government supports \nefforts to bring about a democratic transition in Syria.\n (b) Duties.--The Special Envoy for Syria should be given a clear \nmandate--\n (1) to direct United States Government efforts to provide \n assistance to civilians and innocent victims of the conflict in \n Syria;\n (2) to provide detailed assessments of challenges and \n progress on the ground in Syria with regard to providing \n humanitarian relief, supporting an inclusive political \n transition, assisting internally displaced persons and \n refugees, reintegrating former combatants, and securing \n conventional and unconventional weapons; and\n (3) to pursue a peaceful, inclusive democratic future for \n Syria that protects the rights of all ethnic and religious \n minorities.\n (c) Staffing and Resources.--The Special Envoy for Syria should be \nprovided with appropriate resources, including adequate staffing in the \nregion and in Washington, District of Columbia.\n\nSEC. 5. BILATERAL ASSISTANCE TO SYRIA.\n\n (a) Authority.--The President should--\n (1) provide enhanced support for humanitarian activities \n taking place in and outside Syria, including the provision of \n food, water, and medical supplies;\n (2) support efforts for a peaceful resolution of the \n conflict in Syria as well as the establishment of an inclusive \n representative form of government in Syria;\n (3) continue to encourage the participation of all groups, \n including women, business leaders, civil society organizations, \n traditional and religious leaders, and minority groups in \n efforts for a peaceful resolution of the conflict and political \n transition in Syria;\n (4) encourage the Arab League and other international \n bodies to insist that transitional and future governments are \n committed to multiparty democracy, open and transparent \n governance, respect for human rights and religious freedom, \n ending the violence throughout the country, promoting peace and \n stability with Syria's neighbors, enhancing the rule of law and \n combating corruption, and rehabilitating and reintegrating \n former combatants;\n (5) contribute to future capacity building for governing \n institutions after a political transition takes place in Syria; \n and\n (6) support post-transition efforts, including programs for \n demobilizing and reintegrating former combatants.\n (b) Funding.--\n (1) Fiscal years 2013 and 2014.--Of the amounts made \n available to carry out the Foreign Assistance Act of 1961 (22 \n U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums \n as may be necessary should be allocated for bilateral \n assistance programs in Syria.\n (2) Future funding.--It is the sense of Congress that the \n Department of State should submit a budget request for fiscal \n year 2014 that contains an appropriate increase in bilateral \n and multilateral assistance for Syria based on progress by the \n Government of Syria toward accomplishing the policy objectives \n described in section 3.\n (3) Availability.--Amounts appropriated pursuant to the \n authorization of appropriations under paragraphs (1) and (2)--\n (A) are authorized to remain available until \n expended; and\n (B) are in addition to funds otherwise available \n for such purposes.\n (c) Coordination With Other Donor Nations.--The United States \nshould work with other donor nations, on a bilateral and multilateral \nbasis, to increase international contributions to the people of Syria \nand accomplish the policy objectives described in section 3.\n\nSEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT \n ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.\n\n The President should instruct the United States permanent \nrepresentative or executive director, as the case may be, to the United \nNations voluntary agencies, including the World Food Program, the \nUnited Nations Development Program, and the United Nations High \nCommissioner for Refugees, and other appropriate international \norganizations to use the voice and vote of the United States to support \nadditional humanitarian and development assistance for the people of \nSyria in order to accomplish the policy objectives described in section \n3.\n\nSEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN \n REFUGEES.\n\n (a) Authority.--The President should increase bilateral funding to \ncountries, including Iraq, Jordan, Turkey, and Lebanon, that have \nexperienced an influx of refugees from Syria.\n (b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made \navailable to carry out the Foreign Assistance Act of 1961 (22 U.S.C. \n2151 et seq.) for fiscal years 2013 and 2014, such sums as may be \nnecessary should be allocated for bilateral refugee assistance programs \nin the countries surrounding Syria.\n\nSEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA.\n\n (a) Establishment.--Not later than 30 days after the date of the \nenactment of this Act, the President shall instruct the Secretary of \nState to work with the appropriate United Nations agencies, regional \norganizations, nongovernmental organizations, and the broader \ninternational community to establish an international donors group to \nmaximize resources and efficiently provide humanitarian assistance to \nthe people of Syria.\n (b) Purpose.--The purpose of the donors group shall be to \ncoordinate resources for the following activities in Syria and the \nregion:\n (1) Providing humanitarian relief to civilians impacted by \n the violence in Syria and Syrian refugees in surrounding \n countries.\n (2) Supporting inclusive post-transitional governance and \n the establishment of the rule of law.\n (3) Supporting disarmament, demobilization, and \n reintegration of combatants and members of militias.\n (c) Annual Report.--The Department of State shall submit a report \non the specific programs, projects, and activities carried out by the \ndonors group during the preceding year, including an evaluation of the \nresults of such programs, projects, and activities.\n\nSEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA.\n\n (a) Transition Plan.--The United States should work with regional \npartners to develop a plan, to be implemented in the event of a \npolitical transition, to--\n (1) identify and secure conventional and unconventional \n weapons stockpiles in Syria;\n (2) recover and dispose of all unconventional weapons \n stockpiled in Syria, with particular attention to chemical \n weapons; and\n (3) prevent the illicit sale or transfer of conventional \n and unconventional weapons out of Syria in order to preclude \n regional weapons proliferation.\n (b) Sense of Congress.--It is the sense of Congress that the \nDepartment of State should submit a budget request for fiscal year 2014 \nthat contains an increase in bilateral nonproliferation, demining, and \nanti-terrorism assistance for Syria toward accomplishing the policy \nobjectives described in this section.\n\nSEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA.\n\n Not later than 60 days after the date of the enactment of this Act, \nand annually thereafter, the President shall submit to Congress a \ndetailed report on the implementation of this Act, including a \ndescription of--\n (1) progress made as a result of humanitarian and \n stabilization efforts, including refugee assistance in Syria;\n (2) progress made toward establishing an inclusive, \n democratic government that protects the rights of all Syrians; \n and\n (3) key challenges, gaps, and obstacles to further \n enhancing stability and peace in Syria, including between Syria \n and its neighbors.","summary":"Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate US engagement with the country and to ensure US support for efforts to bring about a democratic transition in Syria. Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria. Urges: (1) the allocation of funding for bilateral assistance programs in Syria. And (2) the United States to work with other donor nations to increase international contributions for the people of Syria. (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees. And (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria. Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U. N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria.","title":"A bill to provide humanitarian assistance and support a democratic transition in Syria, and for other purposes.","text_len":18782,"sum_len":1424} {"bill_id":"105_hr305","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protection from Sexual Predators Act \nof 1997''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) rape and sexual assaults continue to be serious threats \n to the safety of communities across America;\n (2) sexual offenders are much more likely than any other \n category of criminals to repeat their crimes again and again, \n even after serving time in prison;\n (3) the average rape sentence is just 10\\1\/2\\ years, and \n the average time served is half of that, approximately 5 years; \n and\n (4) repeat sexual offenders frequently strike in more than \n one State and, while States have primary responsibility for the \n prosecution of sexual offenders, the option of Federal \n prosecution provides a needed additional tool to safeguard \n communities victimized by these individuals.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) States should more seriously consider the relatively \n high recidivism rate of sexual offenders when deciding whether \n to plea bargain with a first-time sexual offender and whether \n to grant parole to sexual offenders; and\n (2) States should review their treatment and parole \n supervision programs for sexual offenders to assure that these \n programs are fulfilling their goals, and, if they are not, \n these programs should be immediately replaced or abandoned.\n\nSEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES.\n\n Section 2241 of title 18, United States Code, is amended by adding \nat the end the following:\n ``(e) Punishment for Sexual Predators.--(1) Whoever, in a \ncircumstance described in paragraph (2) of this subsection--\n ``(A) violates this section; or\n ``(B) engages in conduct that would violate this section, \n if the conduct had occurred in the special maritime and \n territorial jurisdiction of the United States, and--\n ``(i) that conduct is in interstate or foreign \n commerce;\n ``(ii) the person engaging in that conduct crossed \n a State line with intent to engage in the conduct; or\n ``(iii) the person engaging in that conduct \n thereafter engages in conduct that is a violation of \n section 1073(1) with respect to an offense that \n consists of the conduct so engaged in;\nshall be imprisoned for life.\n ``(2) The circumstance referred to in paragraph (1) of this \nsubsection is that the defendant has previously been convicted of \nanother State or Federal offense for conduct which--\n ``(A) is an offense under this section or section 2242 of \n this title; or\n ``(B) would have been an offense under either of such \n sections if the offense had occurred in the special maritime or \n territorial jurisdiction of the United States.''.\n\nSEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS.\n\n Section 20104 of the Violent Crime Control and Law Enforcement Act \nof 1994 is amended by adding at the end the following:\n ``(c) Additional Requirement.--A State is not eligible for a grant \nunder this section unless such State has provided assurances to the \nAttorney General that such State has in effect laws which allow the \ncourt to impose a sentence of life in prison without parole on a \ndefendant in a criminal case who is convicted of a State offense for \nconduct that--\n ``(1) is an offense under section 2241 or 2242 of title 18, \n United States Code; or\n ``(2) would have been an offense under either of such \n sections if the offense had occurred in the special maritime or \n territorial jurisdiction of the United States;\nafter having previously been convicted of another State or Federal \noffense for conduct that was an offense described in paragraph (1) or \n(2).''.\n\nSEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS.\n\n The National Institute of Justice, either directly or through \ngrant, shall carry out a study of persistent sexual predators. Not \nlater than one year after the date of the enactment of this Act, such \nInstitute shall report to Congress and the President the results of \nsuch study. Such report shall include--\n (1) a synthesis of current research in psychology, \n sociology, law, criminal justice, and other fields regarding \n persistent sexual offenders, including--\n (A) common characteristics of such offenders;\n (B) recidivism rates for such offenders;\n (C) treatment techniques and their effectiveness;\n (D) responses of offenders to treatment and \n deterrence; and\n (E) the possibility of early intervention to \n prevent people from becoming sexual predators; and\n (2) an agenda for future research in this area.","summary":"Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders. And (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse after previously having been convicted of another State or Federal sexual abuse offense shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.","title":"Protection from Sexual Predators Act of 1997","text_len":5133,"sum_len":1363} {"bill_id":"107_hr5352","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Reducing Special \nEducation Through Prevention Act''.\n\nSEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.\n\n (a) In General.--Part D of the Individuals with Disabilities \nEducation Act (20 U.S.C. 1451 et seq.) is amended by adding at the end \nthe following:\n\n``Subpart 3--Grants To Improve School-Based Early Intervention Services \n for Children With Emotional Disturbances\n\n``SEC. 691. FINDINGS; PURPOSE.\n\n ``(a) Findings.--Congress finds the following:\n ``(1) During 2002-2001 approximately 472,932 children \n between the ages of 6 and 21 who were receiving special \n education and related services were identified as having \n emotional disturbances--a 21.8 percent increase from the number \n of such children so identified during 1990-1991. These children \n with emotional disturbances represent 7.7 percent of the total \n number of children with disabilities and approximately 1 \n percent of the general population of the United States.\n ``(2) It is estimated that up to 19 percent of the total \n number of students in elementary and secondary schools in the \n United States exhibit symptoms of emotional disturbance or \n symptoms of other mental health conditions, but only 1 percent \n of such students are properly identified as such and receive \n necessary services. These students fail more classes, miss more \n days of school, have lower grades, are more frequently retained \n at the same grade level for more than 1 school year, drop out \n from school more frequently, and have lower graduation rates \n than do other students with disabilities.\n ``(3) At the Conference on Children's Mental Health in \n September 2000, the Surgeon General stated that `[c]hildren and \n families are suffering because of missed opportunities for \n prevention and early identification [of children with emotional \n disturbances], fragmented services, and low priorities for \n resources'.\n ``(4) Goal Number 3 of the Conference on Children's Mental \n Health Report is to improve the assessment and recognition of \n the mental health needs of children, including through the \n following actions:\n ``(A) Encourage early identification of mental \n health needs in existing preschool, childcare, \n education, health, welfare, juvenile justice, and \n substance abuse treatment systems.\n ``(B) Promote cost-effective, proactive systems of \n behavior support at the school level. These systems of \n behavior support should emphasize universal, primary \n prevention methods that recognize the unique \ndifferences of all children and youth, but should include selective \nindividual student support for those students with more intense and \nlong-term needs.\n ``(5) Improving outcomes for children with emotional \n disturbances depends not only on improving the learning \n opportunities of such children, but also on promoting effective \n coordination among schools, families, and systems that provide \n services for such children, such as the social services, \n health, mental health, child welfare, and juvenile justice \n systems. Positive results of such coordination include \n increased retention in school, improved educational outcomes, \n and the cognitive, emotional, and behavioral development of \n such children.\n ``(6) Increased academic performance, improved attendance, \n increased engagement in academic activities, and fewer \n disruptions to the learning environment are a few of the many \n positive outcomes documented when systems that provide services \n for children with emotional disturbances include a continuum of \n services such as prevention, early intervention at the first \n indication of a mental health problem or behavioral difficulty \n of a child, and treatment of severe and chronic mental health \n problems.\n ``(7) Surveys of school administrators indicate that \n behavioral problems, lack of discipline, safety of students, \n and violence in schools are among top concerns with respect to \n public education today. Teachers spend inordinate amounts of \n time and energy during the school day managing student \n misbehavior and conflict--time and energy that could be spent \n on teaching and learning.\n ``(8) Effective early intervention strategies to reduce the \n number of children who have, or who are at risk of developing, \n emotional disturbances currently exist. As the National Academy \n of Sciences concluded in its 2002 report ``Minority Students in \n Special and Gifted Education'', early intervention for children \n at risk of behavorial problems ``has been demonstrated to be \n considerably greater than the effectiveness of later, \n postfailure intervention''.\n ``(b) Purpose.--The purpose of this subpart is to develop and \nimplement strategies to reduce the number of children who have, or who \nare at risk of developing, emotional disturbances that require the \nprovision of special education and related services under this Act.\n\n``SEC. 692. AUTHORIZATION.\n\n ``(a) In General.--The Secretary is authorized to make grants for a \nthree-year period to State educational agencies and local educational \nagencies to develop and implement effective strategies to reduce the \nnumber of children who have, or who are at risk of developing, \nemotional disturbances that require the provision of special education \nand related services under this Act.\n ``(b) Priority.--In making grants under subsection (a), the \nSecretary shall give priority to State educational agencies and local \neducational agencies that agree to provide additional annual reports to \nthe Secretary in accordance with section 697 after completion of the \nterm of the grant.\n\n``SEC. 693. APPLICATION.\n\n ``(a) In General.--A State educational agency or local educational \nagency that desires to receive a grant under this subpart shall submit \nto the Secretary an application at such time, in such manner, and \nincluding such information as the Secretary may require.\n ``(b) Contents.--The application shall include the following:\n ``(1) A description of a plan, developed in consultation \n with families of children who will be eligible to participate \n in activities carried out under this subpart, teachers, and \n mental health and related service providers, to carry out \n activities under the grant.\n ``(2) A description of prevention and early intervention \n services provided to date in schools with respect to which \n activities under a grant under this subpart are proposed to be \n carried out.\n ``(3) A description of the outcome measures that will be \n used to demonstrate the effectiveness of activities carried out \n to achieve the purpose of this subpart and to comply with the \n requirements of paragraphs (4) and (5) of section 694(b).\n ``(4) A description of the funding structure of amounts \n received under a grant under this subpart, including a detailed \n description for compliance with the matching requirement under \n section 695.\n ``(5) Assurances that activities carried out under this \n subpart will be culturally competent.\n ``(6) Assurances that amounts received under a grant under \n this subpart will be used to supplement and not supplant \n amounts from other sources to carry out activities consistent \n with the purpose of this subpart.\n\n``SEC. 694. USE OF AMOUNTS.\n\n ``(a) In General.--A State educational agency or local educational \nagency, as the case may be, that receives a grant under this subpart \nmay use amounts received under the grant to carry out activities that \nare consistent with the purpose of this subpart, including the \nfollowing activities:\n ``(1) Universal, primary prevention strategies at the \n school level to reduce the number of children who have, or who \n are at risk of developing, emotional disturbances that require \n the provision of special education and related services under \n this Act.\n ``(2) Early intervention services and individual support \n for children who have, or who are at risk of developing, \n emotional disturbances and who are not currently provided \n services pursuant to part B of this Act.\n ``(3) Effective coordination among schools, families, and \n systems that provide services for such children, such as the \n social services, health, mental health, child welfare, and \n juvenile justice systems.\n ``(4) Training of staff and professional development with \n respect to prevention and early intervention strategies.\n ``(b) Additional Requirements.--In carrying out the activities \ndescribed in subsection (a), the agency shall--\n ``(1) coordinate such activities with appropriate social \n services providers, health (including mental health) providers, \n child welfare organizations, and juvenile justice \n organizations;\n ``(2) ensure that a sufficient number of children are \n provided services in order to produce results that are \n measurable and reliable under evaluations of such activities \n conducted pursuant to section 698;\n ``(3) ensure that not more than 5 percent of the amount of \n a grant is used for administrative expenses, including expenses \n related to the collection of data;\n ``(4) ensure that such activities do not adversely affect \n school attendance, dropout rates, classroom behavior, academic \n achievement, or the general welfare of students who receive \n special education and related services;\n ``(5) ensure that such activities do not result in \n increased segregation of students receiving special education \n classes from students in the general education program or \n curriculum of the school; and\n ``(6) ensure that such activities are culturally competent \n and are evidenced-based.\n\n``SEC. 695. MATCHING REQUIREMENT.\n\n ``The Secretary may not make a grant to a State educational agency \nor local educational agency under this subpart unless the agency agrees \nthat, with respect to the costs to be incurred in carrying out the \nactivities for which the grant was awarded, the agency will make \navailable non-Federal contributions in an amount equal to not less than \n35 percent of such costs for the first year of the grant, 50 percent of \nsuch costs for the second year of the grant, and 65 percent of such \ncosts for the third year of the grant.\n\n``SEC. 696. ADMINISTRATIVE EXPENSES.\n\n The Secretary may reserve not more than 10 percent of the amount \nmade available to carry out this subpart for a fiscal year for \nadministrative expenses in carrying out this subpart, including \nexpenses relating to the evaluation conducted under section 698.\n\n``SEC. 697. REPORTS TO SECRETARY.\n\n ``A State educational agency or local educational agency that \nreceives a grant under this subpart shall submit annually to the \nSecretary a report that contains such information as the Secretary may \nreasonably require, including a description of the collection of data \nby the agency to ensure compliance with the requirements of this \nsubpart (particularly the requirements contained in paragraphs (4) and \n(5) of section 694(b)).\n\n``SEC. 698. EVALUATIONS.\n\n ``The Secretary shall, directly or through grants, contracts, or \ncooperative agreements, conduct evaluations of activities established \nand carried out under grants made under this subpart.\n\n``SEC. 699. REPORTS TO CONGRESS.\n\n ``The Secretary shall submit annually to Congress a report that \ncontains the following:\n ``(1) A summary and analysis of the data in the reports \n submitted to the Secretary under section 697.\n ``(2) A summary of the evaluations conducted under section \n 698.\n\n``SEC. 699A. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this subpart \nsuch sums as may be necessary for each of the fiscal years 2003 through \n2007.''.\n (b) Conforming Amendment.--The table of contents of the Individuals \nwith Disabilities Education Act (20 U.S.C. 1400(b)) is amended by \nadding at the end the following:\n\n``subpart 3--grants to improve school-based early intervention services \n for children with emotional disturbances\n``Sec. 691. Findings; purpose.\n``Sec. 692. Authorization.\n``Sec. 693. Application.\n``Sec. 694. Use of amounts.\n``Sec. 695. Matching requirement.\n``Sec. 696. Administrative expenses.\n``Sec. 697. Reports to Secretary.\n``Sec. 698. Evaluations.\n``Sec. 699. Reports to Congress.\n``Sec. 699A. Authorization of appropriations.","summary":"Reducing Special Education Through Prevention Act - Amends the Individuals with Disabilities Education Act (IDEA) to establish a program of grants to improve school-based early intervention services for children with emotional disturbances. Authorizes the Secretary of Education to make program grants to State or local educational agencies to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require special education and related services under IDEA. Includes among authorized activities: (1) universal, primary prevention strategies at the school level. (2) early intervention services and individual support for such children who are not currently served under IDEA, (3) coordination among schools, families, and other service provider systems, and (4) staff training and professional development.","title":"To amend the Individuals with Disabilities Education Act to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require the provision of special education and related services under that Act.","text_len":13438,"sum_len":889} {"bill_id":"103_s1962","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Support Assurance Act of \n1994''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) the number of single-parent households has increased \n significantly;\n (2) there is a high correlation between childhood poverty \n and growing up in a single-parent household;\n (3) family dissolution often brings the economic \n consequence of a lower standard of living for the custodian and \n children;\n (4) children are nearly twice as likely to be in poverty \n after a family dissolution as before a family dissolution;\n (5) one-fourth of the single mothers who are owed child \n support receive none and another one-fourth of such mothers \n receive only partial child support payments;\n (6) single mothers above and below the poverty line are \n equally likely to receive none of the child support they are \n owed; and\n (7) the failure of children to receive an adequate level of \n child support limits the ability of such children to thrive and \n to develop their potential and leads to long-term societal \n costs in terms of health care, welfare, and loss in labor force \n productivity.\n (b) Purpose.--It is the purpose of this Act to enable participating \nStates to establish child support assurance systems in order to improve \nthe economic circumstances of children who do not receive a minimum \nlevel of child support from the noncustodial parents of such children \nand to strengthen the establishment and enforcement of child support \nawards. The child support assurance approach is structured on a \ndemonstration basis in order to implement and evaluate different \noptions with respect to the provision of intensive support services and \nmechanisms for administering the program on a national basis.\n\nSEC. 3. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION \n PROJECTS.\n\n (a) In General.--In order to encourage States to provide a \nguaranteed minimum level of child support for every eligible child not \nreceiving such support, the Secretary of Health and Human Services \n(hereafter in this section referred to as the ``Secretary'') shall make \ngrants to not more than 6 States to conduct demonstration projects for \nthe purpose of establishing or improving a system of assured minimum \nchild support payments in accordance with this section.\n (b) Contents of Application.--An application for grants under this \nsection shall be submitted by the Governor of a State and shall--\n (1) contain a description of the proposed child support \n assurance project to be established, implemented, or improved \n using amounts provided under this section, including the level \n of the assured benefit to be provided, the specific activities \n to be undertaken, and the agencies that will be involved;\n (2) specify whether the project will be carried out \n throughout the State or in limited areas of the State;\n (3) estimate the number of children who will be eligible \n for assured minimum child support payments under the project, \n and the amounts to which they will be entitled on average as \n individuals and in the aggregate;\n (4) describe the child support guidelines and review \n procedures which are in use in the State and any expected \n modifications;\n (5) contain a commitment by the State to carry out the \n project during a period of not less than 3 and not more than 5 \n consecutive fiscal years beginning with fiscal year 1996;\n (6) contain assurances that the State--\n (A) is currently at or above the national median \n paternity establishment rate (as defined in section \n 452(g)(2) of the Social Security Act),\n (B) will improve the performance of the agency \n designated by the State to carry out the requirements \n under part D of title IV of the Social Security Act by \n at least 4 percent each year in which the State \n operates a child support assurance project under this \n section in--\n (i) the number of cases in which paternity \n is established when required;\n (ii) the number of cases in which child \n support orders are obtained; and\n (iii) the number of cases with child \n support orders in which collections are made; \n and\n (C) to the maximum extent possible under current \n law, will use Federal, State, and local job training \n assistance to assist individuals who have been \n determined to be unable to meet such individuals' child \n support obligations;\n (7) describe the extent to which multiple agencies, \n including those responsible for administering the Aid to \n Families With Dependent Children Program under part A of title \n IV of the Social Security Act and child support collection, \n enforcement, and payment under part D of such title, will be \n involved in the design and operation of the child support \n assurance project; and\n (8) contain such other information as the Secretary may \n require by regulation.\n (c) Use of Funds.--A State shall use amounts provided under a grant \nawarded under this section to carry out a child support assurance \nproject designed to provide a minimum monthly child support benefit for \neach eligible child in the State to the extent that such minimum child \nsupport is not paid in a month by the noncustodial parent.\n (d) Requirements.--(1) A child support assurance project funded \nunder this section shall provide that--\n (A) any child (as defined in paragraph (2)) with a living \n noncustodial parent for whom a child support order has been \n sought (as defined in paragraph (3)) or obtained and any child \n who meets ``good cause'' criteria for not seeking or enforcing \n a support order is eligible for the assured child support \n benefit;\n (B) the assured child support benefit shall be paid \n promptly to the custodial parent at least once a month and \n shall be--\n (i) an amount determined by the State which is--\n (I) not less than $1,500 per year for the \n first child, $1,000 per year for the second \n child, and $500 per year for the third and each \n subsequent child, and\n (II) not more than $3,000 per year for the \n first child and $1,000 per year for the second \n and each subsequent child;\n (ii) offset and reduced to the extent that the \n custodial parent receives child support in a month from \n the noncustodial parent;\n (iii) indexed and adjusted for inflation; and\n (iv) in the case of a family of children with \n multiple noncustodial parents, calculated in the same \n manner as if all such children were full siblings, but \n any child support payment from a particular \n noncustodial parent shall only be applied against the \n assured child support benefit for the child or children \n of that particular noncustodial parent;\n (C) for purposes of determining the need of a child or \n relative and the level of assistance, one-half of the amount \n received as a child support payment shall be disregarded from \n income until the total amount of child support and Aid to \n Families With Dependent Children benefit received under part A \n of title IV of the Social Security Act equals the Federal \n poverty level for a family of comparable size;\n (D) in the event that the family as a whole becomes \n ineligible for Aid to Families With Dependent Children under \n part A of the Social Security Act due to consideration of \n assured child support benefits, the continuing eligibility of \n the caretaker for Aid to Families With Dependent Children under \n such title shall be calculated without consideration of the \n assured child support benefit; and\n (E) in order to participate in the child support assurance \n project, the child's caretaker shall apply for services of the \n State's child support enforcement program under part D of title \n IV of the Social Security Act.\n (2) For purposes of this section, the term ``child'' means an \nindividual who is of such an age, disability, or educational status as \nto be eligible for child support as provided for by the law of the \nState in which such individual resides.\n (3) For purposes of this section, a child support order shall be \ndeemed to have been ``sought'' where an individual has applied for \nservices from the State agency designated by the State to carry out the \nrequirements of part D of title IV of the Social Security Act or has \nsought a child support order through representation by private or \npublic counsel or pro se.\n (e) Consideration and Priority of Applications.--(1) The Secretary \nshall consider all applications received from States desiring to \nconduct demonstration projects under this section and shall approve not \nmore than 6 applications which appear likely to contribute \nsignificantly to the achievement of the purpose of this section. In \nselecting States to conduct demonstration projects under this section, \nthe Secretary shall--\n (A) ensure that the applications selected represent a \n diversity of minimum benefits distributed throughout the range \n specified in subsection (d)(1)(B)(i);\n (B) consider the geographic dispersion and variation in \n population of the applicants;\n (C) give priority to States the applications of which \n demonstrate--\n (i) significant recent improvements in--\n (I) establishing paternity and child \n support awards,\n (II) enforcement of child support awards, \n and\n (III) collection of child support payments;\n (ii) a record of effective automation; and\n (iii) that efforts will be made to link child \n support systems with other service delivery systems;\n (D) ensure that the proposed projects will be of a size \n sufficient to obtain a meaningful measure of the effects of \n child support assurance;\n (E) give priority, first, to States intending to operate a \n child support assurance project on a statewide basis, and, \n second, to States that are committed to phasing in an expansion \n of such project to the entire State, if interim evaluations \n suggest such expansion is warranted; and\n (F) ensure that, if feasible, the States selected use a \n variety of approaches for child support guidelines.\n (2) Of the States selected to participate in the demonstration \nprojects conducted under this section, the Secretary shall require, if \nfeasible--\n (A) that at least 2 provide intensive integrated social \n services for low-income participants in the child support \n assurance project, for the purpose of assisting such \n participants in improving their employment, housing, health, \n and educational status; and\n (B) that at least 2 have adopted the Uniform Interstate \n Family Support Act.\n (f) Duration.--(1) During fiscal year 1995, the Secretary shall \ndevelop criteria, select the States to participate in the \ndemonstration, and plan for the evaluation required under subsection \n(h). The demonstration projects conducted under this section shall \ncommence on October 1, 1995, and shall be conducted for not less than 3 \nand not more than 5 consecutive fiscal years, except that the Secretary \nmay terminate a project before the end of such period if the Secretary \ndetermines that the State conducting the project is not in substantial \ncompliance with the terms of the application approved by the Secretary \nunder this section.\n (g) Cost Savings Recovery.--The Secretary shall develop a \nmethodology to identify any State cost savings realized in connection \nwith the implementation of a child support assurance project conducted \nunder this Act. Any such savings realized as a result of the \nimplementation of a child support assurance project shall be utilized \nfor child support enforcement improvements or expansions and \nimprovements in the Aid to Families With Dependent Children Program \nconducted under part A of title IV of the Social Security Act within \nthe participating State.\n (h) Evaluation and Report to Congress.--(1) The Secretary shall \nconduct an evaluation of the effectiveness of the demonstration \nprojects funded under this section. The evaluation shall include an \nassessment of the effect of an assured benefit on--\n (A) income from nongovernment sources and the number of \n hours worked;\n (B) the use and amount of government supports;\n (C) the ability to accumulate resources;\n (D) the well-being of the children, including educational \n attainment and school behavior; and\n (E) the State's rates of establishing paternity and support \n orders and of collecting support.\n (2) Three and 5 years after commencement of the demonstration \nprojects, the Secretary shall submit an interim and final report based \non the evaluation to the Committee on Finance and the Committee on \nLabor and Human Resources of the Senate, and the Committee on Ways and \nMeans and the Committee on Education and Labor of the House of \nRepresentatives concerning the effectiveness of the child support \nassurance projects funded under this section.\n (i) State Reports.--The Secretary shall require each State that \nconducts a demonstration project under this section to annually report \nsuch information on the project's operation as the Secretary may \nrequire, except that all such information shall be reported according \nto a uniform format prescribed by the Secretary.\n (j) Restrictions on Matching and Use of Funds.--(1) A State \nconducting a demonstration project under this section shall be \nrequired--\n (A) except as provided in paragraph (2), to provide not \n less than 20 percent of the total amounts expended in each \n calendar year of the project to pay the costs associated with \n the project funded under this section;\n (B) to maintain its level of expenditures for child support \n collection, enforcement, and payment at the same level, or at a \n higher level, than such expenditures were prior to such State's \n participation in a demonstration project provided by this \n section; and\n (C) to maintain the Aid to Families With Dependent Children \n benefits provided under part A of title IV of the Social \n Security Act at the same level, or at a higher level, as the \n level of such benefits on the date of the enactment of this \n Act.\n (2) A State participating in a demonstration project under this \nsection may provide no less than 10 percent of the total amounts \nexpended to pay the costs associated with the project funded under this \nsection in years after the first year such project is conducted in a \nState if the State meets the improvements specified in subsection \n(b)(6)(B).\n (k) Coordination With Certain Means-Tested Programs.--For purposes \nof--\n (1) the United States Housing Act of 1937;\n (2) title V of the Housing Act of 1949;\n (3) section 101 of the Housing and Urban Development Act of \n 1965;\n (4) sections 221(d)(3), 235, and 236 of the National \n Housing Act;\n (5) the Food Stamp Act of 1977;\n (6) title XIX of the Social Security Act; and\n (7) child care assistance provided through part A of title \n IV of the Social Security Act, the Child Care and Development \n Block Grant, or title XX of the Social Security Act,\nany payment made to an individual within the demonstration project area \nfor child support up to the amount which an assured child support \nbenefit would provide shall not be treated as income and shall not be \ntaken into account in determining resources for the month of its \nreceipt and the following month.\n (l) Treatment of Child Support Benefit.--Any assured child support \nbenefit received by an individual under this Act shall be considered \nchild support for purposes of the Internal Revenue Code of 1986.\n (m) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary in each of the fiscal years \n1995, 1996, 1997, 1998, 1999, and 2000 to carry out the purposes of \nthis Act.","summary":"Child Support Assurance Act of 1994 - Directs the Secretary of Health and Human Services to make grants to up to six States for demonstration programs to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or the child to have good cause for the absence of such an award, to qualify for the program. Authorizes appropriations.","title":"Child Support Assurance Act of 1994","text_len":17641,"sum_len":444} {"bill_id":"115_hr4544","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Data Protection Act''.\n\nSEC. 2. DATA SECURITY.\n\n (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et \nseq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2) \nthe following:\n\n``SEC. 605C. DATA SECURITY AT CONSUMER REPORTING AGENCIES.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `affected individual' means an individual, \n the sensitive personal information of whom is lost, stolen, or \n accessed without authorization because of a data breach;\n ``(2) the term `appropriate committees of Congress' means--\n ``(A) the Committee on the Judiciary of the Senate;\n ``(B) the Committee on Banking, Housing, and Urban \n Affairs of the Senate;\n ``(C) the Committee on the Judiciary of the House \n of Representatives; and\n ``(D) the Committee on Financial Services of the \n House of Representatives;\n ``(3) the term `covered action' means an action that \n restricts the legal rights available to a consumer, including--\n ``(A) requiring the consumer to--\n ``(i) waive the right of the consumer to--\n ``(I) file a civil action in an \n appropriate court; or\n ``(II) bring, or participate in, a \n class action; or\n ``(ii) engage in settlement negotiations \n before bringing an action under subsection \n (c)(3); and\n ``(B) offering a financial inducement in exchange \n for the consumer waiving any right of the consumer;\n ``(4) the term `credit freeze'--\n ``(A) except as provided in subparagraph (B), means \n a restriction placed on the consumer report of a \n consumer at the request of the consumer, or a personal \n representative of the consumer, that prohibits a \n consumer reporting agency from releasing the consumer \n report for any purpose; and\n ``(B) with respect to the consumer report of a \n consumer, shall not apply to the use of the consumer \n report by--\n ``(i) a person, or a subsidiary, affiliate, \n agent, subcontractor, or assignee of the \n person, with which the consumer has, or before \n assignment had, an account, contract, or \n debtor-creditor relationship for the purposes \n of--\n ``(I) reviewing the active account; \n or\n ``(II) collecting the financial \n obligation owed on the account, \n contract, or debt;\n ``(ii) any person acting under a court \n order, warrant, or subpoena;\n ``(iii) a Federal, State, or local \n government or an agent or assignee of a \n Federal, State, or local government;\n ``(iv) any person for the sole purpose of \n providing a credit monitoring or identity theft \n protection service to which the consumer has \n subscribed;\n ``(v) any person for the purpose of \n providing a consumer with a copy of the \n consumer report, credit score, or educational \n credit score of the consumer upon request by \n the consumer;\n ``(vi) any person or entity for insurance \n purposes, including use in setting or adjusting \n a rate, adjusting a claim, or underwriting; and\n ``(vii) any person acting under an \n authorization from a consumer to use the \n consumer report of the consumer for employment \n purposes;\n ``(5) the term `data breach' means the loss, theft, or \n other unauthorized access, other than access that is incidental \n to the scope of employment, of data containing sensitive \n personal information, in electronic or printed form, that \n results in the potential compromise of the confidentiality or \n integrity of the data; and\n ``(6) the term `sensitive personal information' means, with \n respect to an individual, information--\n ``(A) about the individual relating to the \n education, financial transactions, medical history, \n criminal history, or employment history of the \n individual; and\n ``(B) that can be used to distinguish or trace the \n identity of the individual, including the name, social \n security number, date and place of birth, mother's \n maiden name, and biometric records of the individual.\n ``(b) Data Breaches at Consumer Reporting Agencies.--With respect \nto a data breach at a consumer reporting agency, the consumer reporting \nagency--\n ``(1) subject to paragraph (2), shall notify--\n ``(A) not later than 2 days after the date on which \n the consumer reporting agency discovers the data \n breach--\n ``(i) the Federal Trade Commission;\n ``(ii) the Bureau; and\n ``(iii) appropriate law enforcement and \n intelligence agencies, as identified by the \n Secretary of Homeland Security; and\n ``(B) not later than 3 days after the date on which \n the consumer reporting agency discovers the data \n breach, and as quickly and efficiently as is \n practicable, each affected individual with respect to \n the data breach;\n ``(2) may receive an extension of the 2-day deadline \n described in paragraph (1)(A) or the 3-day deadline described \n in paragraph (1)(B) if the Federal Trade Commission and the \n intelligence agencies identified under paragraph (1)(A)(iii) \n determine that there is a national security concern that \n requires granting such an extension;\n ``(3) shall, upon request by any affected individual with \n respect to the data breach, provide, without charge to the \n affected individual and during the lifetime of the affected \n individual--\n ``(A) a credit freeze, including the cost relating \n to imposing, lifting, or permanently removing a credit \n freeze, with respect to the consumer report of the \n affected individual at any consumer reporting agency \n described in section 603(p); and\n ``(B) credit monitoring services for the affected \n individual at any consumer reporting agency described \n in section 603(p); and\n ``(4) shall, in consultation with the Bureau, establish a \n consumer assistance unit--\n ``(A) that shall--\n ``(i) be carried out, and paid for, by the \n consumer reporting agency; and\n ``(ii) provide assistance, free of charge \n and for a period of 10 years beginning on the \n date on which the consumer reporting agency \n submits the notifications required under \n paragraph (1)(A), to any affected individual \n who wants to dispute an item in the file of the \n affected individual that was entered into that \n file after the date on which the data breach \n occurred; and\n ``(B) with respect to which the consumer reporting \n agency shall, as soon as practicable after the date on \n which the consumer assistance unit is established, \n notify each affected individual with respect to the \n data breach by mail and e-mail.\n ``(c) Enforcement.--\n ``(1) In general.--Subject to subtitle B of the Consumer \n Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), the \n Federal Trade Commission or the Bureau may bring a civil action \n to recover a civil penalty in an appropriate district court of \n the United States against any person that negligently, \n knowingly, or willingly causes a data breach at a consumer \n reporting agency.\n ``(2) Penalty amount.--\n ``(A) In general.--In a successful action brought \n under paragraph (1), the person against which the \n action is brought shall be liable for a civil penalty \n of not more than--\n ``(i) $2,500 for each affected individual \n with respect to the data breach caused by the \n person; and\n ``(ii) $25,000,000 in total.\n ``(B) Considerations.--In determining the amount of \n a civil penalty in a successful action brought under \n paragraph (1), the court shall consider, with respect \n to the person against which the action is brought--\n ``(i) the degree of culpability of the \n person;\n ``(ii) any history of similar prior conduct \n by the person;\n ``(iii) the ability of the person to pay;\n ``(iv) the effect of the penalty on the \n ability of the person to continue to do \n business; and\n ``(v) any other factor as justice may \n require.\n ``(3) Private cause of action.--\n ``(A) Definition.--In this paragraph, the term \n `actual loss' means the total cost to an affected \n individual as a result of a data breach at a consumer \n reporting agency, including--\n ``(i) the costs incurred by the affected \n individual--\n ``(I) in responding to the data \n breach; and\n ``(II) as a result of--\n ``(aa) reviewing accounts \n of the affected individual for \n fraudulent charges;\n ``(bb) closing accounts of \n the affected individual that \n may have been compromised by \n the data breach; and\n ``(cc) imposing credit \n freezes and obtaining credit \n monitoring services; and\n ``(ii) any revenue lost, or cost or \n consequential damage incurred, by the affected \n individual relating to the interruption of the \n ability of the affected individual to obtain \n credit.\n ``(B) Cause of action.--\n ``(i) In general.--An affected individual \n may bring an action in an appropriate district \n court of the United States against any person \n that negligently, knowingly, or willingly \n caused a data breach at a consumer reporting \n agency in which the sensitive personal \n information of the affected individual was \n lost, stolen, or accessed without \n authorization.\n ``(ii) Damages.--In a successful action \n brought by an affected individual under clause \n (i), the affected individual may recover--\n ``(I) the greater of--\n ``(aa) the actual loss to \n the affected individual with \n respect to the data breach \n described in that clause; or\n ``(bb) $1,000 in liquidated \n damages;\n ``(II) punitive damages, as the \n court may allow; and\n ``(III) the costs of the action, \n together with reasonable attorney's \n fees, as determined by the court.\n ``(d) Review of Compliance With Standards for Safeguarding Customer \nInformation.--\n ``(1) Definition.--In this subsection, the term `covered \n person' has the meaning given the term in section 1002 of the \n Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).\n ``(2) Examination.--The Bureau may examine any consumer \n reporting agency that is a covered person subject to \n supervision under section 1024 of the Consumer Financial \n Protection Act of 2010 (12 U.S.C. 5514) for compliance by that \n agency with the standards established by the Federal Trade \n Commission under section 501(b) of the Gramm-Leach-Bliley Act \n (15 U.S.C. 6801(b)).\n ``(e) Protection of Legal Rights of Consumers.--A consumer \nreporting agency may not take a covered action--\n ``(1) as a condition of providing any service or product \n to, or on behalf of, a consumer; and\n ``(2) that relates to the rights of a consumer after a data \n breach at the consumer reporting agency in which the sensitive \n personal information of the consumer is lost, stolen, or \n accessed without authorization.\n ``(f) Annual Study and Report.--\n ``(1) In general.--Beginning in the first full year after \n the date of enactment of this section, and annually thereafter, \n the Bureau and the Federal Trade Commission, in consultation \n with the Attorney General, shall conduct a study regarding the \n costs to affected individuals from data breaches at consumer \n reporting agencies, including--\n ``(A) the economic costs to those affected \n individuals;\n ``(B) the effects on--\n ``(i) the ability of those affected \n individuals to obtain credit and housing; and\n ``(ii) the reputations of those affected \n individuals; and\n ``(C) the costs relating to the emotional and \n psychological stress of those affected individuals from \n having the sensitive personal information of those \n affected individuals lost, stolen, or accessed without \n authorization.\n ``(2) Submission to congress.--Not later than 30 days after \n the date on which each study conducted under paragraph (1) is \n completed, the Bureau and the Federal Trade Commission shall \n submit to the appropriate committees of Congress a report that \n contains the results of the study.\n ``(3) Contents.--Each study conducted under paragraph (1) \n and each report submitted under paragraph (2) shall contain a \n survey of affected individuals who were contacted for the \n purposes of conducting the study.\n ``(4) Authority.--In conducting any study under paragraph \n (1), the Bureau, the Federal Trade Commission, and the Attorney \n General may compel a consumer reporting agency to disclose \n nonproprietary information.\n ``(g) Rule of Construction.--Nothing in this section may be \nconstrued as modifying, limiting, or superseding any provision of State \nlaw if the protection that the provision of State law provides to \nconsumers is greater than the protection provided to consumers under \nthis section.''.\n (b) Technical and Conforming Amendment.--The table of contents for \nthe Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by \ninserting after the item relating to section 605B the following:\n\n``605C. Data security at consumer reporting agencies.''.","summary":"Consumer Data Protection Act This bill amends the Fair Credit Reporting Act to direct a consumer reporting agency experiencing a data breach to: (1) notify the Federal Trade Commission, the Consumer Financial Protection Bureau (CFPB), other appropriate law enforcement agencies, and affected individuals. (2) provide affected individuals with free credit freezes and credit monitoring services. And (3) establish a consumer assistance unit. The bill also establishes legal enforcement provisions concerning data breaches at consumer reporting agencies. The CFPB may examine a consumer reporting agency to assess compliance with personal information protection laws.","title":"Consumer Data Protection Act","text_len":17543,"sum_len":665} {"bill_id":"109_hr4320","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Flood Insurance Program \nCommitment to Policyholders and Reform Act of 2005''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds that--\n (1) the amount of the flood insurance claims resulting from \n Hurricane Katrina and Hurricane Rita will likely exceed the \n aggregate amount of all claims previously paid in the history \n of the national flood insurance program, and will require an \n increase in the program's borrowing authority;\n (2) flood insurance policyholders have a legitimate \n expectation that they will receive fair and timely compensation \n for losses covered under their policies;\n (3) substantial flooding has occurred, and will likely \n occur again, outside of the areas designated as the 100-year \n floodplain;\n (4) to adequately and correctly assess potential flood \n damage and losses in all areas on the United States, the \n national flood insurance program will need to update its flood \n maps with the latest technology;\n (5) the maximum coverage limits for flood insurance \n policies should be increased to reflect inflation and the \n increased cost of housing;\n (6) significant reforms to the national flood insurance \n program required in the Bunning-Bereuter-Blumenauer Flood \n Insurance Reform Act of 2004 have yet to be implemented; and\n (7) despite reforms required in the Bunning-Bereuter-\n Blumenauer Flood Insurance Reform Act of 2004, the national \n flood insurance program requires a modernized and updated \n administrative model to ensure that the people of the United \n States have continued access to flood insurance.\n (b) Purposes.--The purposes of this Act are--\n (1) to protect the integrity of the national flood \n insurance program by fully funding existing legal obligations \n expected by existing policyholders who have paid policy \n premiums in return for flood insurance coverage;\n (2) to increase incentives for homeowners and communities \n to participate in the national flood insurance program and to \n improve oversight to ensure full participation in the program \n for owners of properties for which such participation is \n mandatory;\n (3) to increase awareness of homeowners of flood risks and \n improve the quality of information regarding such risks \n provided to homeowners; and\n (4) to better mitigate future flood damage risks through a \n combination of enhanced protective measures, property \n elevation, and buyouts of flood-prone properties.\n\nSEC. 3. STUDY REGARDING MANDATORY PURCHASE REQUIREMENT FOR 500-YEAR \n FLOODPLAIN AND REPORTS REGARDING FLOOD MAP MODERNIZATION.\n\n (a) Study Regarding Mandatory Purchase Requirement for 500-Year \nFloodplain.--\n (1) In general.--The Comptroller General of the United \n States shall conduct a study regarding the impact, \n effectiveness, and feasibility of amending the provisions of \n the Flood Disaster Protection Act of 1973 regarding the \n properties that are subject to the mandatory flood insurance \n coverage purchase requirements under such Act to extend such \n requirements to all properties located in the 500-year \n floodplain.\n (2) Issues.--The study under this subsection shall assess--\n (A) the regulatory, financial and economic impacts \n of extending such requirements on the costs of \n homeownership, the actuarial soundness of the national \n flood insurance program, the Federal Emergency \n Management Agency, local communities, insurance \n companies, and local land use;\n (B) the effectiveness of extending such \n requirements in protecting homeowners from financial \n loss and in protecting the financial soundness of the \n national flood insurance program, and the effectiveness \n of extending such requirements in comparison with \n providing for more effective enforcement of existing \n mandatory flood insurance purchase requirements;\n (C) the feasibility of extending such requirements \n taking into consideration the need for identifying and \n mapping the 500-year floodplain;\n (D) any liability on the part of lenders to comply \n with or enforce such extended requirements;\n (E) any burdens on building officials and flood \n plain managers to implement such requirements in the \n expanded area;\n (F) any increased burden on the Federal Emergency \n Management Agency to make determinations on exemptions \n to the floodplain and approval of local decisions;\n (G) the effects of extending such requirements on \n existing policy holders of flood insurance coverage for \n properties located in the 100-year floodplain, \n including the effects on continued compliance and \n premium rates; and\n (H) the effects of extending such requirements on \n the ability of homeowners to make renovations to their \n homes.\n (3) Report.--The Comptroller General shall submit a report \n to the Congress regarding the results and conclusions of the \n study under this subsection not later than the expiration of \n the 6-month period beginning on the date of the enactment of \n this Act.\n (b) Annual Flood Map Modernization Reports and Certification of \nCompletion.--\n (1) In general.--During the period that ends upon the \n completion by the Director of the Federal Emergency Management \n Agency of the updating and modernization of all floodplain \n areas and flood-risk zones, the Director shall submit a report \n annually to the Congress describing the extent to which such \n updating and modernization has been completed. Upon the \n completion of such updating, the Director shall submit to the \n Congress, and cause to be published in the Federal Register, a \n report certifying such completion.\n (2) Timing.--The first report under this subsection shall \n be submitted not later than June 30, 2006, and successive \n reports required under this subsection during the period \n referred to in paragraph (1) shall be submitted not later than \n June 30 of each year during such period.\n\nSEC. 4. ENFORCEMENT.\n\n Paragraph (5) of section 102(f) of the Flood Disaster Protection \nAct of 1973 (42 U.S.C. 4012a) is amended--\n (1) by striking ``$350'' and inserting ``$2,000''; and\n (2) by striking the last sentence.\n\nSEC. 5. REITERATION OF FEMA RESPONSIBILITIES UNDER 2004 REFORM ACT.\n\n (a) Appeals Process.--As directed in section 205 of the Bunning-\nBereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 \nnote), the Director of the Federal Emergency Management Agency is again \ndirected to, not later than 90 days after the date of the enactment of \nthis Act, establish an appeals process through which holders of a flood \ninsurance policy may appeal the decisions, with respect to claims, \nproofs of loss, and loss estimates relating to such flood insurance \npolicy as required by such section.\n (b) Minimum Training and Education Requirements.--The Director of \nthe Federal Emergency Management Agency is directed to enforce the \nminimum training and education requirements for all insurance agents \nwho sell flood insurance policies that have been established under the \nnotice published September 1, 2005 (70 Fed. Reg. 52117) pursuant to \nsection 207 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform \nAct of 2004 (42 U.S.C. 4011 note).\n (c) Mitigation Programs.--Not later than the expiration of the 30-\nday period beginning on the date of the enactment of this Act, the \nDirector of the Federal Emergency Management Agency shall issue \nregulations necessary to implement the amendments made by sections 102, \n103, 104, and 105 of the Bunning-Bereuter-Blumenauer Flood Insurance \nReform Act of 2004 (118 Stat. 714 et seq.).\n (d) Report.--Not later than the expiration of the 6-month period \nbeginning on the date of the enactment of this Act, the Director of the \nFederal Emergency Management Agency shall submit a report to the \nCongress describing the implementation of each provision of the \nBunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public \nLaw 108-264) and identifying each regulation, order, notice, and other \nmaterial issued by the Director in implementing each such provision.\n\nSEC. 6. MAXIMUM COVERAGE LIMITS.\n\n Subsection (b) of section 1306 of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4013(b)) is amended--\n (1) in paragraph (2), by striking ``$250,000'' and \n inserting ``$335,500'';\n (2) in paragraph (3), by striking ``$100,000'' and \n inserting ``$135,000''; and\n (3) in paragraph (4), by striking ``$500,000'' each place \n such term appears and inserting ``$670,700''.\n\nSEC. 7. COVERAGE FOR ADDITIONAL LIVING EXPENSES AND BUSINESS \n INTERRUPTION.\n\n Subsection (b) of section 1306 of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4013) is amended--\n (1) in paragraph (4), by striking ``and'' at the end;\n (2) in paragraph (5), by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(6) in the case of any residential property, each renewal \n or new contract for flood insurance coverage shall provide not \n less than $1,000 aggregate liability per dwelling unit for any \n necessary increases in living expenses incurred by the insured \n when losses from a flood make the residence unfit to live in, \n which coverage shall be available only at chargeable rates that \n are not less than the estimated premium rates for such coverage \n determined in accordance with section 1307(a)(1);\n ``(7) in the case of any residential property, coverage for \n additional living expenses described in paragraph (6) shall be \n made available to every insured upon renewal and every \n applicant in excess of the limits provided in paragraph (6) in \n such amounts and at such rates as the Director shall establish, \n except that such chargeable rates shall not be less than the \n estimated premium rates for such coverage determined in \n accordance with section 1307(a)(1); and\n ``(8) in the case of any commercial property, optional \n coverage for losses resulting from any partial or total \n interruption of the insured's business caused by damage to, or \n loss of, such property from a flood shall be made available to \n every insured upon renewal and every applicant, except that--\n ``(A) for purposes of such coverage, losses shall \n be determined based on the profits the covered business \n would have earned, based on previous financial records, \n had the flood not occurred; and\n ``(B) such coverage shall be made available only at \n chargeable rates that are not less than the estimated \n premium rates for such coverage determined in \n accordance with section 1307(a)(1).''.\n\nSEC. 8. INCREASE IN BORROWING AUTHORITY.\n\n (a) Borrowing Authority.--The first sentence of subsection (a) of \nsection 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. \n4016(a)), as amended by the National Flood Insurance Program Enhanced \nBorrowing Authority Act of 2005 (Public Law 109-65; 119 Stat. 1998), is \namended by striking ``$3,500,000,000'' and inserting \n``$22,000,000,000''.\n (b) FEMA Report.--Not later than the expiration of the 6-month \nperiod beginning on the date of the enactment of this Act, the Director \nof the Federal Emergency Management Agency shall submit a report to the \nCongress setting forth a plan for repaying any amounts borrowed \npursuant to increase in borrowing authority authorized under the \namendments made by subsection (a).\n\nSEC. 9. CLARIFICATION OF REPLACEMENT COST PROVISIONS, FORMS, AND POLICY \n LANGUAGE.\n\n Not later than the expiration of the 3-month period beginning on \nthe date of the enactment of this Act, the Director of the Federal \nEmergency Management Agency shall--\n (1) issue regulations, and revise any materials made \n available by such Agency, to clarify the applicability of \n replacement cost coverage under the national flood insurance \n program;\n (2) revise any regulations, forms, notices, guidance, and \n publications relating to the full cost of repair or replacement \n under the replacement cost coverage to more clearly describe \n such coverage to flood insurance policyholders and information \n to be provided by such policyholders relating to such coverage, \n and to avoid providing misleading information to such \n policyholders; and\n (3) revise the language in standard flood insurance \n policies under such program regarding rating and coverage \n descriptions in a manner that is consistent with language used \n widely in other homeowners and property and casualty insurance \n policies, including such language regarding classification of \n buildings, basements, crawl spaces, detached garages, \n enclosures below elevated buildings, and replacement costs.\n\nSEC. 10. FEMA REPORTS ON FINANCIAL STATUS OF INSURANCE PROGRAM.\n\n Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C. \n4027) is amended--\n (1) in the section heading, by striking ``REPORT TO THE \n PRESIDENT'' and inserting ``REPORTS'';\n (2) in subsection (a), by striking ``In General'' and \n inserting ``Biennial Report to President'' ; and\n (3) by adding at the end the following new subsection:\n ``(c) Semiannual Reports to Congress on Financial Status.--Not \nlater than June 30 and December 31 of each year, the Director shall \nsubmit a report to the Congress regarding the financial status of the \nnational flood insurance program under this title. Each such report \nshall describe the financial status of the National Flood Insurance \nFund and current and projected levels of claims, premium receipts, \nexpenses, and borrowing under the program.''.\n\nSEC. 11. NOTICE OF AVAILABILITY OF FLOOD INSURANCE IN RESPA GOOD FAITH \n ESTIMATE.\n\n Subsection (c) of section 5 of the Real Estate Settlement \nProcedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the \nend the following new sentence: ``Each such good faith estimate shall \ninclude a conspicuous statement that flood insurance coverage for \nresidential real estate is generally available under the National Flood \nInsurance Program whether or not the real estate is located in an area \nhaving special flood hazards and that, to obtain such coverage, a home \nowner or purchaser should contact a hazard insurance provider.''.\n\nSEC. 12. ELIGIBILITY OF PROPERTY DEMOLITION AND REBUILDING FOR \n MITIGATION ASSISTANCE PROGRAM.\n\n Subparagraph (B) of section 1366(e)(5) of the National Flood \nInsurance Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) is amended by \ninserting before the semicolon at the end the following: ``, or the \ndemolition and rebuilding of structures located in such areas to at \nleast Base Flood Elevation or any higher elevation required by any \nlocal ordinance''.\n\nSEC. 13. AUTHORIZATION OF ADDITIONAL FEMA STAFF.\n\n Notwithstanding any other provision of law, the Director of the \nFederal Emergency Management Agency may employ such additional staff of \nsuch Agency as may be necessary to carry out all of the \nresponsibilities of the Director pursuant to this Act and the \namendments made by this Act. There are authorized to be appropriated to \nDirector such sums as may be necessary for costs of employing such \nadditional staff.\n ","summary":"National Flood Insurance Program Commitment to Policyholders and Reform Act of 2005 - Directs the Comptroller General to study and report to Congress on whether the mandatory flood insurance coverage purchase requirements of the Flood Disaster Protection Act of 1973 should extend to properties located in the 500-year floodplain. Requires the Director of the Federal Emergency Management Agency (FEMA) to report annually to Congress on the extent to which updating and modernization of all floodplain areas and flood-risk zones has been completed. Amends the Flood Disaster Protection Act of 1973 to: (1) increase from $350 to $2,000 the civil monetary penalty for mortgage lender failures to require flood insurance. And (2) eliminate the $100,000 cap on the total amount of such penalties assessed against any single regulated lending institution or enterprise during any calendar year. Requires the FEMA Director to: (1) establish an appeals process through which holders of a flood insurance policy may appeal decisions on claims, proofs of loss, and loss estimates relating to such flood insurance policy. (2) enforce the minimum training and education requirements for insurance agents who sell certain flood insurance policies. (3) issue regulations to implement specified requirements of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004. And (4) identify for Congress each regulation, order, notice, and other material issued by the Director to implement each provision of such Act. Amends the National Flood Insurance Act of 1968 to increase the maximum flood insurance coverage limits for residential property. Prescribes coverage of additional living expenses and business interruption. Increases from $3.5 billion to $22 billion the borrowing authority vested in the Director. Requires the Director to report to Congress a plan for repaying any amounts borrowed pursuant to such increase. Instructs the Director to: (1) issue regulations and revise materials to clarify replacement cost coverage under the national flood insurance program. And (2) revise regulations, forms, notices, guidance, and publications regarding the full cost of repair or replacement under the replacement cost coverage to more clearly describe such coverage and to avoid providing misleading information to policyholders. Requires the Director to report semi-annually to Congress on the financial status of the national flood insurance program. Amends the Real Estate Settlement Procedures Act of 1974 to require a good faith estimate to include a conspicuous statement that flood insurance coverage for residential real estate is generally available under the National Flood Insurance Program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact a hazard insurance provider. Amends the National Flood Insurance Act of 1968 to include among eligible mitigation plan activities the demolition and rebuilding of structures located in areas having special flood hazards to at least Base Flood Elevation or any higher elevation required by any local ordinance. Authorizes the Director to employ additional FEMA staff.","title":"To restore the financial solvency of the national flood insurance program, and for other purposes.","text_len":16804,"sum_len":3226} {"bill_id":"111_hr1182","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Spouses Residency Relief \nAct''.\n\nSEC. 2. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR \n VOTING PURPOSES.\n\n (a) In General.--Section 705 of the Servicemembers Civil Relief Act \n(50 U.S.C. App. 595) is amended--\n (1) by striking ``For'' and inserting the following:\n ``(a) In General.--For'';\n (2) by adding at the end the following new subsection:\n ``(b) Spouses.--For the purposes of voting for any Federal office \n(as defined in section 301 of the Federal Election Campaign Act of 1971 \n(2 U.S.C. 431)) or a State or local office, a person who is absent from \na State because the person is accompanying the person's spouse who is \nabsent from that same State in compliance with military or naval orders \nshall not, solely by reason of that absence--\n ``(1) be deemed to have lost a residence or domicile in \n that State, without regard to whether or not the person intends \n to return to that State;\n ``(2) be deemed to have acquired a residence or domicile in \n any other State; or\n ``(3) be deemed to have become a resident in or a resident \n of any other State.''; and\n (3) in the section heading, by inserting ``and spouses of \n military personnel'' before the period at the end.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act (50 U.S.C. App. 501) is amended by striking the item relating \nto section 705 and inserting the following new item:\n\n``Sec. 705. Guarantee of residency for military personnel and spouses \n of military personnel.''.\n (c) Application.--Subsection (b) of section 705 of such Act (50 \nU.S.C. App. 595), as added by subsection (a) of this section, shall \napply with respect to absences from States described in such subsection \n(b) on or after the date of the enactment of this Act, regardless of \nthe date of the military or naval order concerned.\n\nSEC. 3. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF \n MILITARY PERSONNEL.\n\n (a) In General.--Section 511 of the Servicemembers Civil Relief Act \n(50 U.S.C. App. 571) is amended--\n (1) in subsection (a)--\n (A) by striking ``A servicemember'' and inserting \n the following:\n ``(1) In general.--A servicemember''; and\n (B) by adding at the end the following:\n ``(2) Spouses.--A spouse of a servicemember shall neither \n lose nor acquire a residence or domicile for purposes of \n taxation with respect to the person, personal property, or \n income of the spouse by reason of being absent or present in \n any tax jurisdiction of the United States solely to be with the \n servicemember in compliance with the servicemember's military \n orders if the residence or domicile, as the case may be, is the \n same for the servicemember and the spouse.'';\n (2) by redesignating subsections (c), (d), (e), and (f) as \n subsections (d), (e), (f), and (g), respectively;\n (3) by inserting after subsection (b) the following new \n subsection:\n ``(c) Income of a Military Spouse.--Income for services performed \nby the spouse of a servicemember shall not be deemed to be income for \nservices performed or from sources within a tax jurisdiction of the \nUnited States if the spouse is not a resident or domiciliary of the \njurisdiction in which the income is earned because the spouse is in the \njurisdiction solely to be with the servicemember serving in compliance \nwith military orders.''; and\n (4) in subsection (d), as redesignated by paragraph (2)--\n (A) in paragraph (1), by inserting ``or the spouse \n of a servicemember'' after ``The personal property of a \n servicemember''; and\n (B) in paragraph (2), by inserting ``or the \n spouse's'' after ``servicemember's''.\n (b) Application.--Subsections (a)(2) and (c) of section 511 of such \nAct (50 U.S.C. App. 571), as added by subsection (a) of this section, \nand the amendments made to such section 511 by subsection (a)(4) of \nthis section, shall apply with respect to any return of State or local \nincome tax filed for any taxable year beginning with the taxable year \nthat includes the date of the enactment of this Act.\n\nSEC. 4. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF \n MILITARY PERSONNEL.\n\n (a) In General.--Section 508 of the Servicemembers Civil Relief Act \n(50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the \nspouse of such servicemember'' after ``a servicemember in military \nservice''.\n (b) Application.--The amendment made by subsection (a) shall apply \nwith respect to servicemembers in military service (as defined in \nsection 101 of such Act (50 U.S.C. App. 511)) on or after the date of \nthe enactment of this Act.","summary":"Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any US tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.","title":"To amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency, and for other purposes.","text_len":5078,"sum_len":1222} {"bill_id":"106_s1746","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Turkey Free Trade \nAgreement Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Republic of Turkey (in this Act referred to as \n ``Turkey'') has played an important strategic, political, and \n economic role in Europe, Asia, and the Middle East since its \n founding in 1923 by Mustafa Kemal ``Ataturk'' following the \n collapse of the 600-year Ottoman Empire.\n (2) The friendship shared between the United States and \n Turkey dates to the late 18th century and was consecrated by \n the Treaty of Commerce and Navigation between the United States \n and the Ottoman Empire in 1830.\n (3) The United States reaffirmed its relationship with \n Turkey by entering into the Treaty of Commerce and Navigation \n of 1929.\n (4) The United States and Turkey have subsequently entered \n into over 60 treaties, memoranda of understanding, and other \n agreements on a broad range of issues, including a bilateral \n investment treaty (1986), a bilateral tax treaty (1998), and a \n trade and investment framework agreement (1999), as evidence of \n their strong friendship.\n (5) Turkey is located in the strategic corridor between \n Europe and Asia, bordering the Black Sea and the Mediterranean \n Sea.\n (6) Turkey has been a strategic partner of the United \n States since it joined the allies at the end of World War II.\n (7) The strategic alliance between Turkey and the United \n States was cemented by--\n (A) the agreement of July 12, 1947 implementing the \n Truman doctrine;\n (B) Turkey's membership in the North Atlantic \n Treaty Organization (NATO) in 1952; and\n (C) the United States-Turkey Agreement for \n Cooperation on Defense and Economy of 1980.\n (8) Turkey is also an important industrialized economy and \n was a founding member of the Organization for Economic \n Cooperation and Development (OECD) and the United Nations.\n (9) Turkey has made significant progress since the 1980's \n in liberalizing its economy and integrating with the global \n economy.\n (10) Turkey has joined other nations in advocating an open \n trading system through its membership in the General Agreement \n on Tariffs and Trade and the World Trade Organization.\n (11) Despite the deep friendship between the United States \n and Turkey, their trading relationship remains small.\n (12) In 1998, United States merchandise exports to Turkey \n reached $3,500,000,000.\n (13) In 1998, United States imports from Turkey totaled \n $2,500,000,000 or less than 0.3 percent of United States total \n imports.\n (14) A free trade agreement between the United States and \n Turkey would greatly benefit both the United States and Turkey \n by expanding their commercial ties.\n\nSEC. 3. NEGOTIATING OBJECTIVES FOR A UNITED STATES-TURKEY FREE TRADE \n AGREEMENT.\n\n The overall trade negotiating objectives of the United States with \nrespect to a United States-Turkey Free Trade Agreement are to obtain--\n (1) more open, equitable, and reciprocal market access \n between the United States and Turkey; and\n (2) the reduction or elimination of barriers and other \n trade-distorting policies and practices that inhibit trade \n between the United States and Turkey.\n\nSEC. 4. NEGOTIATION OF A UNITED STATES-TURKEY FREE TRADE AGREEMENT.\n\n (a) In General.--Subject to sections 5 and 6, the President is \nauthorized to enter into an agreement described in subsection (c). The \nprovisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. \n2191(c)) shall apply with respect to a bill to implement such agreement \nif such agreement is entered into on or before December 31, 2005.\n (b) Tariff Proclamation Authority.--\n (1) In general.--The President is authorized to proclaim--\n (A) such modification or continuation of any \n existing duty,\n (B) such continuance of existing duty-free or \n excise treatment, or\n (C) such additional duties\n as the President determines to be required or appropriate to \n carry out the trade agreement described in subsection (c).\n (2) Limitations.--No proclamation may be made under \n paragraph (1) that--\n (A) reduces any rate of duty (other than a rate of \n duty that does not exceed 5 percent ad valorem on the \n date of enactment of this Act) to a rate which is less \n than 50 percent of the rate of such duty that applies \n on such date of enactment;\n (B) provides for a reduction of duty on an article \n to take effect on a date that is more than 10 years \n after the first reduction that is proclaimed to carry \nout a trade agreement with respect to such article; or\n (C) increases any rate of duty above the rate that \n applied on the date of enactment of this Act.\n (3) Aggregate reduction; exemption from staging.--\n (A) Aggregate reduction.--Except as provided in \n subparagraph (B), the aggregate reduction in the rate \n of duty on any article which is in effect on any day \n pursuant to a trade agreement entered into under \n paragraph (1) shall not exceed the aggregate reduction \n which would have been in effect on such day if--\n (i) a reduction of 3 percent ad valorem or \n a reduction of one-tenth of the total \n reduction, whichever is greater, had taken \n effect on the effective date of the first \n reduction proclaimed under paragraph (1) to \n carry out such agreement with respect to such \n article; and\n (ii) a reduction equal to the amount \n applicable under clause (i) had taken effect at \n 1-year intervals after the effective date of \n such first reduction.\n (B) Exemption from staging.--No staging under \n subparagraph (A) is required with respect to a rate \n reduction that is proclaimed under paragraph (1) for an \n article of a kind that is not produced in the United \n States. The United States International Trade \n Commission shall advise the President of the identity \n of articles that may be exempted from staging under \n this subparagraph.\n (4) Rounding.--If the President determines that such action \n will simplify the computation of reductions under paragraph \n (3), the President may round an annual reduction by the lesser \n of--\n (A) the difference between the reduction without \n regard to this paragraph and the next lower whole \n number; or\n (B) one-half of 1 percent ad valorem.\n (5) Other limitations.--A rate of duty reduction or \n increase that may not be proclaimed by reason of paragraph (2) \n may take effect only if a provision authorizing such reduction \n or increase is included within an implementing bill provided \n for under section 6(c) and that bill is enacted into law.\n (c) Agreement Described.--An agreement described in this subsection \nmeans a bilateral agreement between the United States and Turkey that \nprovides for the reduction and ultimate elimination of tariffs and \nnontariff barriers to trade and the eventual establishment of a free \ntrade agreement between the United States and Turkey.\n\nSEC. 5. CONSULTATIONS WITH CONGRESS ON NEGOTIATIONS OF A UNITED STATES-\n TURKEY FREE TRADE AGREEMENT.\n\n Before entering into any trade agreement under section 4 (including \nimmediately before initialing an agreement), the President shall \nconsult closely and on a timely basis on the nature of the agreement \nand the extent to which it will achieve the purposes of this Act with--\n (1) the Committee on Ways and Means of the House of \n Representatives and the Committee on Finance of the Senate;\n (2) the congressional advisers for trade policy and \n negotiations appointed under section 161 of the Trade Act of \n 1974 (19 U.S.C. 2211); and\n (3) each other committee of the House of Representatives \n and the Senate, and each joint committee of Congress, which has \n jurisdiction over legislation involving subject matters that \n would be affected by the trade agreement.\n\nSEC. 6. IMPLEMENTATION OF UNITED STATES-TURKEY FREE TRADE AGREEMENT.\n\n (a) Notification and Submission.--Any agreement entered into under \nsection 4 shall enter into force with respect to the United States if \n(and only if)--\n (1) the President, at least 60 calendar days before the day \n on which the President enters into the trade agreement, \n notifies the House of Representatives and the Senate of the \n President's intention to enter into the agreement, and promptly \n thereafter publishes notice of such intention in the Federal \n Register;\n (2) within 60 calendar days after entering into the \n agreement, the President submits to Congress a description of \n those changes to existing laws that the President considers \n would be required in order to bring the United States into \n compliance with the agreement;\n (3) after entering into the agreement, the President \n submits a copy of the final legal text of the agreement, \n together with--\n (A) a draft of an implementing bill described in \n subsection (c);\n (B) a statement of any administrative action \n proposed to implement the trade agreement; and\n (C) the supporting information described in \n subsection (b); and\n (4) the implementing bill is enacted into law.\n (b) Supporting Information.--The supporting information required \nunder subsection (a)(3)(C) consists of--\n (1) an explanation as to how the implementing bill and \n proposed administrative action will change or affect existing \n law; and\n (2) a statement--\n (A) asserting that the agreement makes progress in \n achieving the objectives of this Act; and\n (B) setting forth the reasons of the President \n regarding--\n (i) how and to what extent the agreement \n makes progress in achieving the objectives \n referred to in subparagraph (A);\n (ii) whether and how the agreement changes \n provisions of an agreement previously \n negotiated;\n (iii) how the agreement serves the \n interests of United States commerce; and\n (iv) any proposed administrative action.\n (c) Bills Qualifying for Trade Agreement Approval Procedures.--The \nprovisions of section 151 of the Trade Act of 1974 apply to an \nimplementing bill submitted pursuant to subsection (b) that contains \nonly--\n (1) provisions that approve a trade agreement entered into \n under section 4 that achieves the negotiating objectives set \n forth in section 3 and the statement of administrative action \n (if any) proposed to implement such trade agreement;\n (2) provisions that are--\n (A) necessary to implement such agreement; or\n (B) otherwise related to the implementation, \n enforcement, and adjustment to the effects of such \n trade agreement; and\n (3) provisions necessary for purposes of complying with \n section 252 of the Balanced Budget and Emergency Deficit \n Control Act of 1985 in implementing the applicable trade \n agreement.\n\nSEC. 7. CONSIDERATION OF IMPLEMENTING BILL.\n\n (a) Congressional Consideration of Implementing Bill.--When the \nPresident submits to Congress a bill to implement the trade agreement \nas described in section 6(c), the bill shall be introduced and \nconsidered pursuant to the provisions of section 151 of the Trade Act \nof 1974 (19 U.S.C. 2191).\n (b) Conforming Amendments.--Section 151 of the Trade Act of 1974 \n(19 U.S.C. 2191) is amended--\n (1) in subsection (b)(1), by inserting ``section 6 of the \n United States-Turkey Free Trade Agreement Act of 1999'' after \n ``the Omnibus Trade and Competitiveness Act of 1988,''; and\n (2) in subsection (c)(1), by inserting ``or under section 6 \n of the United States-Turkey Free Trade Agreement Act of 1999,'' \n after ``the Uruguay Round Agreements Act,''.","summary":"Authorizes the President to enter into a bilateral agreement between the United States and Turkey that provides for the reduction and ultimate elimination of tariffs and nontariff barriers to trade and the eventual establishment of a free trade agreement between the two countries. Requires the President to consult with Congress before entering into any trade agreement under this Act. Sets forth congressional procedures for consideration of implementing legislation with respect to a United States-Turkey Free Trade Agreement.","title":"United States-Turkey Free Trade Agreement Act of 1999","text_len":13648,"sum_len":529} {"bill_id":"108_hr776","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technological Resource to Assist \nCriminal Enforcement (TRACE) Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to increase public safety by assisting law enforcement \n in solving more gun-related crimes and offering prosecutors \n evidence to link felons to gun crimes through ballistics \n technology;\n (2) to provide for ballistics testing of all new firearms \n for sale to assist in the identification of firearms used in \n crimes;\n (3) to require ballistics testing of all firearms in \n custody of Federal agencies to assist in the identification of \n firearms used in crimes; and\n (4) to add ballistics testing to existing firearms \n enforcement programs.\n\nSEC. 3. DEFINITION OF BALLISTICS.\n\n Section 921(a) of title 18, United States Code, is amended by \nadding at the end the following:\n ``(36) The term `ballistics' means a comparative analysis of fired \nbullets and cartridge casings to identify the firearm from which \nbullets and cartridge casings were discharged, through identification \nof the unique markings that each firearm imprints on bullets and \ncartridge casings.''.\n\n SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.\n\n (a) Amendment.--Section 923 of title 18, United States Code, is \namended by adding at the end the following:\n ``(m)(1) In addition to the other licensing requirements under this \nsection, a licensed manufacturer or licensed importer shall--\n ``(A) test fire firearms manufactured or imported by such \n licensees as specified by the Attorney General by regulation;\n ``(B) prepare ballistics images of the fired bullet and \n cartridge casings from the test fire;\n ``(C) make the records available to the Attorney General \n for entry in a computerized database; and\n ``(D) store the fired bullet and cartridge casings in such \n a manner and for such a period as specified by the Attorney \n General by regulation.\n ``(2) Nothing in this subsection creates a cause of action against \nany Federal firearms licensee or any other person for any civil \nliability except for imposition of a civil penalty under this section.\n ``(3)(A) The Attorney General shall assist firearm manufacturers \nand importers in complying with paragraph (1) by--\n ``(i) acquiring, installing, and upgrading ballistics \n equipment and bullet and cartridge casing recovery equipment to \n be placed at or near the sites of licensed manufacturers and \n importers;\n ``(ii) hiring or designating sufficient personnel to \n develop and maintain a database of ballistics images of fired \n bullets and cartridge casings, research, and evaluation;\n ``(iii) providing education about the role of ballistics as \n part of a comprehensive firearm crime reduction strategy;\n ``(iv) providing for the coordination among Federal, State, \n and local law enforcement and regulatory agencies and the \n firearm industry to curb firearm-related crime and illegal \n firearm trafficking; and\n ``(v) taking other necessary steps to make ballistics \n testing effective.\n ``(B) The Attorney General shall--\n ``(i) establish a computer system through which State and \n local law enforcement agencies can promptly access the \n ballistics records stored under this subsection, as soon as \n such a capability is available; and\n ``(ii) require training for all ballistics examiners.\n ``(4) The Attorney General shall conduct mandatory ballistics \ntesting of all firearms obtained or in the possession of their \nrespective agencies.\n ``(5) Not later than 3 years after the date of enactment of this \nsubsection, and annually thereafter, the Attorney General shall submit \nto the Committees on the Judiciary of the Senate and the House of \nRepresentatives a report regarding the implementation of this section, \nincluding--\n ``(A) the number of Federal and State criminal \n investigations, arrests, indictments, and prosecutions of all \n cases in which access to ballistics records, provided under the \n system established under this section and under similar systems \n operated by any State, served as a valuable investigative tool \n in the prosecution of gun crimes;\n ``(B) the extent to which ballistics records are accessible \n across jurisdictions; and\n ``(C) a statistical evaluation of the test programs \n conducted pursuant to paragraph (4).\n ``(6) There are authorized to be appropriated to the Department of \nJustice $20,000,000 for each of the fiscal years 2004 through 2007, to \ncarry out this subsection, to be used to--\n ``(A) install ballistics equipment and bullet and cartridge \n casing recovery equipment;\n ``(B) establish sites for ballistics testing;\n ``(C) pay salaries and expenses of necessary personnel; and\n ``(D) conduct related research and evaluation.''.\n (b) Effective Date.--\n (1) In general.--Except as provided in paragraphs (2) and \n (3), the amendment made by subsection (a) shall take effect on \n the date on which the Attorney General, in consultation with \n the Board of the National Integrated Ballistics Information \n Network, certifies that the ballistics system used by the \n Department of Justice is sufficiently developed to support \n mandatory ballistics testing of new firearms.\n (2) Ballistics testing.--Section 923(m)(1) of title 18, \n United States Code, as added by subsection (a), shall take \n effect 2 years after the date of enactment of this Act.\n (3) Effective on date of enactment.--Section 923(m)(4) of \n title 18, United States Code, as added by subsection (a), shall \n take effect on the date of enactment of this Act.\n\nSEC. 5. PRIVACY RIGHTS OF LAW-ABIDING CITIZENS.\n\n Ballistics information of individual guns in any form or database \nestablished by this Act may not be used for prosecutorial purposes \nunless law enforcement officials have a reasonable belief that a crime \nhas been committed and that ballistics information would assist in the \ninvestigation of that crime.","summary":"Technological Resource to Assist Criminal Enforcement (TRACE) Act - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Attorney General. (2) prepare ballistics images of the fired bullet and cartridge casings. (3) make the records available to the Attorney General for entry into a computerized database. And (4) store the fired bullet and cartridge casings. Directs the Attorney General to assist firearm manufacturers and importers in complying with these requirements by: (1) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment. (2) hiring or designating sufficient personnel to develop and maintain a ballistics database, (3) providing education about the role of ballistics. And (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking. Requires the Attorney General to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records, (2) require training for all ballistics examiners. (3) conduct mandatory ballistics testing of all firearms obtained by or in the possession of the Department of Justice. And (4) report to Congress on the implementation of this Act. Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation.","title":"To amend chapter 44 of title 18, United States Code, to require ballistics testing of all firearms manufactured and all firearms in custody of Federal agencies.","text_len":6523,"sum_len":1661} {"bill_id":"110_hr6926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fast Track to College Act of 2008''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to increase high school graduation rates \nand the percentage of students who complete a recognized postsecondary \ncredential by the age of 26, including among low-income students and \nstudents from other populations underrepresented in higher education.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Dual enrollment program.--The term ``dual enrollment \n program'' means an academic program through which a high school \n student is able simultaneously to earn credit toward a high \n school diploma and a postsecondary degree or certificate.\n (2) Early college high school.--The term ``early college \n high school'' means a high school that provides a course of \n study that enables a student to earn a high school diploma and \n either an associate's degree or one to two years of college \n credit toward a postsecondary degree or credential.\n (3) Educational service agency.--The term ``educational \n service agency'' means an educational service agency as defined \n by section 9101(17) of the Elementary and Secondary Education \n Act of 1965.\n (4) Eligible entity.--The term ``eligible entity'' means a \n local educational agency, which may be an educational service \n agency, in a collaborative partnership with an institution of \n higher education. Such partnership also may include other \n entities, such as a nonprofit organization with experience in \n youth development.\n (5) Institution of higher education.--The term \n ``institution of higher education'' means an institution of \n higher education as defined by section 102 of the Higher \n Education Act of 1965.\n (6) Local educational agency.--The term ``local educational \n agency'' means a local educational agency as defined by section \n 9101(26) of the Elementary and Secondary Education Act of 1965.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Early College High Schools.--To support early college high \nschools under this Act, there are authorized to be appropriated \n$50,000,000 for fiscal year 2009 and such sums as may be necessary for \neach of fiscal years 2010 through 2014.\n (b) Other Dual Enrollment Programs.--To support other dual \nenrollment programs under this Act, there are authorized to be \nappropriated $50,000,000 for fiscal year 2009 and such sums as may be \nnecessary for each of fiscal years 2010 through 2014.\n (c) Funds Reserved.--The Secretary shall reserve 3 percent of funds \nappropriated pursuant to subsection (b) for grants to States under \nsection 9.\n\nSEC. 5. AUTHORIZED PROGRAM.\n\n (a) In General.--The Secretary is authorized to award six-year \ngrants to eligible entities seeking to establish a new or support an \nexisting early college high school or other dual enrollment program.\n (b) Grant Amount.--A grant under this Act shall not exceed \n$2,000,000.\n (c) Matching Requirement.--\n (1) In general.--An eligible entity shall contribute \n matching funds toward the costs of the early college high \n school or other dual enrollment program to be supported under \n this Act, of which not less than half shall be from non-Federal \n sources, which funds shall represent not less than the \n following:\n (A) 20 percent of the grant amount in the first and \n second years of the grant.\n (B) 30 percent in the third and fourth years.\n (C) 40 percent in the fifth year.\n (D) 50 percent in the sixth year.\n (2) Determination of amount contributed.--The Secretary \n shall allow an eligible entity to satisfy the requirement of \n this subsection through in-kind contributions.\n (d) Supplement, Not Supplant.--An eligible entity shall use a grant \nreceived under this Act only to supplement funds that would, in the \nabsence of such grant, be made available from non-Federal funds for \nsupport of the activities described in the eligible entity's \napplication under section 7, and not to supplant such funds.\n (e) Priority.--In awarding grants under this Act, the Secretary \nshall give priority to applicants--\n (1) that propose to establish or support an early college \n high school or other dual enrollment program that will serve a \n student population of which 40 percent or more are students \n counted under section 1113(a)(5) of the Elementary and \n Secondary Education Act of 1965; and\n (2) from States that provide assistance to early college \n high schools or other dual enrollment programs, such as \n assistance to defray the costs of higher education, such as \n tuition, fees, and textbooks.\n (f) Geographic Distribution.--The Secretary shall, to the maximum \nextent practicable, ensure that grantees are from a representative \ncross-section of urban, suburban, and rural areas.\n\nSEC. 6. USES OF FUNDS.\n\n (a) Mandatory Activities.--An eligible entity shall use grant funds \nreceived under section 7 to support the activities described in its \napplication, including for the following:\n (1) Planning year.--In the case of a new early college high \n school or dual enrollment program, during the first year of the \n grant--\n (A) hiring a principal and staff, as appropriate;\n (B) designing the curriculum and sequence of \n courses in collaboration with at a minimum, teachers \n from the local educational agency and faculty from the \n partner institution of higher education;\n (C) educating parents and the community about the \n school;\n (D) recruiting students;\n (E) liaison activities among partners in the \n eligible entity; and\n (F) coordinating secondary and postsecondary \n support services, academic calendars, and \n transportation.\n (2) Implementation period.--During the remainder of the \n grant period--\n (A) academic and social support services, including \n counseling;\n (B) student recruitment and community education and \n engagement;\n (C) professional development, including joint \n professional development for secondary school and \n faculty from the institution of higher education; and\n (D) school design and planning team activities, \n including curriculum development.\n (b) Allowable Activities.--An eligible entity may also use grant \nfunds received under this Act to otherwise support the activities \ndescribed in its application, including, but not limited to--\n (1) purchasing textbooks and equipment that support \n academic programs;\n (2) learning opportunities for students that complement \n classroom experiences, such as internships, career-based \n capstone projects, and opportunities provided under title IV, \n part A, subpart 2, and chapters 1 and 2 of the Higher Education \n Act of 1965;\n (3) transportation;\n (4) planning time for high school and college educators to \n collaborate; and\n (5) data collection, sharing, reporting, and evaluation.\n\nSEC. 7. APPLICATION.\n\n (a) In General.--To receive a grant under section 4(a) or (b), an \neligible entity shall submit to the Secretary an application at such \ntime, in such manner, and including such information as the Secretary \ndetermines to be appropriate.\n (b) Contents of Application.--At a minimum, the application \ndescribed in subsection (a) shall include a description of--\n (1) the early college high school's or other dual \n enrollment program's budget;\n (2) each partner in the eligible entity and its experience \n with early college high schools or other dual enrollment \n programs, key personnel from each partner and their \n responsibilities for the early college high school or dual \n enrollment program, and how the eligible entity will work with \n secondary and postsecondary teachers, other public and private \n entities, community-based organizations, businesses, and labor \n organizations to ensure that students will be prepared to \n succeed in postsecondary education and employment, which may \n include the development of an advisory board;\n (3) how the eligible entity will target and recruit at-risk \n youth, including those at risk of dropping out of school, first \n generation college students, and students from populations \n described in section 1111(b)(2)(C)(v)(II) of the Elementary and \n Secondary Education Act of 1965;\n (4) a system of student supports including, but not limited \n to, small group activities, tutoring, literacy and numeracy \n skill development in all academic disciplines, parental \n outreach, extended learning time, and college readiness \n activities, such as early college academic seminars and \n counseling;\n (5) in the case of an early college high school, how a \n graduation and career plan will be developed, consistent with \n State graduation requirements, for each student and reviewed \n each semester;\n (6) how parents or guardians of dually enrolled students \n will be informed of their academic performance and progress \n and, subject to paragraph (5), involved in the development of \n their career and graduation plan;\n (7) coordination between the institution of higher \n education and the local educational agency, including regarding \n academic calendars, provision of student services, curriculum \n development, and professional development;\n (8) how the eligible entity will ensure that teachers in \n the early college high school or other dual enrollment program \n receive appropriate professional development and other \n supports, including to enable them to help English-language \n learners, students with disabilities, and students from diverse \n cultural backgrounds to succeed;\n (9) learning opportunities for students that complement \n classroom experiences, such as internships, career-based \n capstone projects, and opportunities provided under title IV, \n part A, subpart 2, and chapters 1 and 2 of the Higher Education \n Act of 1965;\n (10) a plan to ensure that postsecondary credits earned \n will be transferable to, at a minimum, public institutions of \n higher education within the State, consistent with existing \n statewide articulation agreement;\n (11) student assessments and other measurements of students \n achievement including benchmarks for student achievement;\n (12) outreach programs to provide elementary and secondary \n school students, especially those in middle grades, and their \n parents, teachers, school counselors, and principals \n information about and academic preparation for the early \n college high school or other dual enrollment program;\n (13) how the eligible entity will help students meet \n eligibility criteria for postsecondary courses; and\n (14) how the eligible entity will sustain the early college \n high school or other dual enrollment program after the grant \n expires.\n (c) Assurances.--An eligible entity's application under subsection \n(a) shall include assurances that--\n (1) in the case of an early college high school, the \n majority of courses offered, including of postsecondary \n courses, will be offered at facilities of the institution of \n higher education;\n (2) students will not be required to pay tuition or fees \n for postsecondary courses;\n (3) postsecondary credits earned will be transcribed upon \n completion of the requisite coursework; and\n (4) faculty teaching postsecondary courses meet the normal \n standards for faculty established by the institution of higher \n education.\n (d) Waiver.--The Secretary may waive the requirement of subsection \n(c)(1) upon a showing that it is impractical to apply due to geographic \nconsiderations.\n\nSEC. 8. PEER REVIEW.\n\n (a) Peer Review of Applications.--The Secretary shall establish \npeer review panels to review applications submitted pursuant to section \n7 to advise the Secretary regarding such applications.\n (b) Composition of Peer Review Panels.--The Secretary shall ensure \nthat each peer review panel is not comprised wholly of full-time \nofficers or employees of the Federal Government and includes, at a \nminimum--\n (1) experts in the establishment and administration of \n early college high schools or other dual enrollment programs \n from the high school and college perspective;\n (2) faculty at institutions of higher education and \n secondary school teachers with expertise in dual enrollment; \n and\n (3) experts in the education of at-risk students.\n\nSEC. 9. GRANTS TO STATES.\n\n (a) In General.--The Secretary is authorized to award six-year \ngrants to State agencies responsible for secondary or postsecondary \neducation for efforts to support or establish statewide dual enrollment \nprograms.\n (b) Application.--To receive a grant under this section, a State \nagency shall submit to the Secretary an application at such time, in \nsuch manner, and including such information as the Secretary determines \nto be appropriate.\n (c) Contents of Application.--At a minimum, the application \ndescribed in subsection (b) shall include--\n (1) how the State will create outreach programs to ensure \n that middle and high school students and their families are \n aware of dual enrollment programs in the State;\n (2) how the State will provide technical assistance to \n local dual enrollment programs as appropriate;\n (3) how the State will ensure the quality of state and \n local dual enrollment programs; and\n (4) such other information as the Secretary determines to \n be appropriate.\n (d) State Activities.--A State receiving a grant under this section \nshall use such funds for--\n (1) planning and implementing a statewide strategy for \n expanding access to dual enrollment programs for students who \n are underrepresented in higher education; and\n (2) providing technical assistance to local dual enrollment \n programs.\n\nSEC. 10. REPORTING AND OVERSIGHT.\n\n (a) Reporting by Grantees.--\n (1) In general.--The Secretary shall establish uniform \n guidelines for all grantees concerning information such \n grantees annually shall report to the Secretary to demonstrate \n a grantee's progress toward achieving the goals of this Act.\n (2) Contents of report.--At a minimum, the report described \n in paragraph (1) shall include, for eligible entities receiving \n funds under section 7, for each category of students described \n in section 1111(h)(1)(C)(i) of the Elementary and Secondary \n Education Act of 1965:\n (A) The number of students.\n (B) The percentage of students scoring advanced, \n proficient, basic, and below basic on the assessments \n described in section 1111(b)(3) of the Elementary and \n Secondary Education Act of 1965.\n (C) The performance of students on other \n assessments or measurements of achievement.\n (D) The number of secondary school credits earned.\n (E) The number of postsecondary credits earned.\n (F) Attendance rate.\n (G) Graduation rate.\n (H) Placement in postsecondary education or \n advanced training, in military service, and in \n employment.\n (b) Reporting by the Secretary.--The Secretary annually shall \ncompile and analyze the information described in subsection (a) and \nreport it to the Committee on Health, Education, Labor, and Pensions of \nthe Senate and the Committee on Education and Labor of the House of \nRepresentatives, which report shall include identification of best \npractices for achieving the goals of this Act.\n (c) Monitoring Visits.--The Secretary's designee shall visit each \ngrantee at least once for the purpose of helping the grantee achieve \nthe goals of this Act and to monitor the grantee's progress toward \nachieving such goals.\n (d) National Evaluation.--Within six months of the appropriation of \nfunds for this Act, the Secretary shall enter into a contract with an \nindependent organization to perform an evaluation of the grants awarded \nunder this Act. Such evaluation shall apply rigorous procedures to \nobtain valid and reliable data concerning participants' outcomes by \nsocial and academic characteristics and monitor the progress of \nstudents from high school to and through postsecondary education.\n (e) Technical Assistance.--The Secretary shall provide technical \nassistance to eligible entities concerning best practices in early \ncollege high schools and dual enrollment programs and shall disseminate \nsuch best practices among eligible entities and State and local \neducational agencies.\n\nSEC. 11. RULES OF CONSTRUCTION.\n\n (a) Employees.--Nothing in this Act shall be construed to alter or \notherwise affect the rights, remedies, and procedures afforded to the \nemployees of local educational agencies (including schools) or \ninstitutions of higher education under Federal, State, or local laws \n(including applicable regulations or court orders) or under the terms \nof collective bargaining agreements, memoranda of understanding, or \nother agreements between such employees and their employers.\n (b) Graduation Rate.--A student who graduates from an early college \nhigh school supported under this Act in the standard number of years \nfor graduation described in the eligible entity's application shall be \nconsidered to have graduated on time for purposes of section \n1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965.","summary":"Fast Track to College Act of 2008 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual enrollment programs, such as early college high schools, that allow high school students to simultaneously earn credit toward a high school diploma and a postsecondary degree or certificate. Gives grant priority to applicants: (1) that propose to establish or support a dual enrollment program for a student body at least 40 of which is impoverished. And (2) from states that provide assistance to dual enrollment programs, such as assistance defraying the costs of higher education. Requires applicants to make assurances that students will not be required to pay tuition or fees for postsecondary courses, and that those courses will be taught by faculty that meet their partner IHE's normal standards. Authorizes the Secretary to award six-year grants to states to: (1) plan and implement statewide strategies to make dual enrollment programs more accessible to students who are underrepresented in postsecondary education. And (2) provide technical assistance to local dual enrollment programs. Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs. And (2) provide technical assistance to LEAs and their partners, and disseminate information concerning best practices in dual enrollment programs.","title":"To authorize the Secretary of Education to make grants to support early college high schools and other dual enrollment programs.","text_len":19060,"sum_len":1471} {"bill_id":"111_hr6039","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fox-Wisconsin Heritage Parkway \nNational Heritage Area Act of 2010''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Fox-Wisconsin Heritage Parkway National Heritage Area \n established by section 3(a).\n (2) Local coordinating entity.--The term ``local \n coordinating entity'' means the local coordinating entity for \n the Heritage Area designated by section 3(d).\n (3) Management plan.--The term ``management plan'' means \n the management plan for the Heritage Area required under \n section 5(a).\n (4) Map.--The term ``map'' means the map included under \n section 5(b)(3)(H).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of \n Wisconsin.\n\nSEC. 3. FOX-WISCONSIN HERITAGE PARKWAY NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established in the State the Fox-\nWisconsin Heritage Parkway National Heritage Area.\n (b) Boundaries.--\n (1) In general.--The Heritage Area shall include--\n (A) the area included in Appendix A, Map 1 of the \n feasibility study submitted by the local coordinating \n entity, which includes approximately 1,444 square miles \n of land in 15 counties in central and southeastern \n Wisconsin, including Brown, Calumet, Columbia, \n Crawford, Dane, Fond du Lac, Grant, Green Lake, Iowa, \n Marquette, Outagamie, Richland, Sauk, Waushara, and \n Winnebago counties; and\n (B) any contributing sites, buildings, and \n districts within the area described in subparagraph (A) \n that are recommended for inclusion in the Heritage Area \n by the management plan.\n (2) Revisions.--The boundaries of the Heritage Area may be \n revised if the revisions are--\n (A) proposed in the management plan developed for \n the Heritage Area;\n (B) depicted on the map; and\n (C) approved by the Secretary in accordance with \n this Act.\n (c) Map.--The map shall be available for public inspection in the \nappropriate offices of--\n (1) the National Park Service; and\n (2) the local coordinating entity.\n (d) Local Coordinating Entity.--The local coordinating entity for \nthe Heritage Area shall be the Fox-Wisconsin Heritage Parkway, a \nnonprofit organization established in the State.\n\nSEC. 4. ADMINISTRATION.\n\n (a) Authorities.--To carry out the management plan, the Secretary, \nacting through the local coordinating entity, may use amounts made \navailable under this Act--\n (1) to make grants to the State (including any political \n subdivision of the State), nonprofit organizations, and other \n individuals;\n (2) to enter into cooperative agreements with, or provide \n technical assistance to, the State (including any political \n subdivision of the State), nonprofit organizations, and other \n interested parties;\n (3) to hire and compensate staff, which shall include \n individuals with expertise in natural, cultural, and historical \n resource protection, and heritage programming;\n (4) to obtain funds or services from any source, including \n funds or services that are provided under any other Federal law \n or program;\n (5) to enter into contracts for goods or services; and\n (6) to serve as a catalyst for any other activity that--\n (A) furthers the purposes and goals of the Heritage \n Area; and\n (B) is consistent with the approved management \n plan.\n (b) Duties.--The local coordinating entity shall--\n (1) in accordance with section 5, prepare and submit to the \n Secretary a management plan for the Heritage Area;\n (2) assist units of local government, regional planning \n organizations, and nonprofit organizations in carrying out the \n approved management plan by--\n (A) carrying out programs and projects that \n recognize, protect, and enhance important resource \n values located in the Heritage Area;\n (B) establishing and maintaining interpretive \n exhibits and programs in the Heritage Area;\n (C) developing recreational and educational \n opportunities in the Heritage Area;\n (D) increasing public awareness of, and \n appreciation for, the natural, historical, scenic, and \n cultural resources of the Heritage Area;\n (E) protecting and restoring historic sites and \n buildings in the Heritage Area that are consistent with \n Heritage Area themes;\n (F) ensuring that clear, consistent, and \n appropriate signs identifying points of public access, \n and sites of interest, are posted throughout the \n Heritage Area; and\n (G) promoting a wide range of partnerships among \n governments, organizations, and individuals to further \n the Heritage Area;\n (3) consider the interests of diverse units of government, \n businesses, organizations, and individuals in the Heritage Area \n in the preparation and implementation of the management plan;\n (4) conduct meetings open to the public at least \n semiannually regarding the development and implementation of \n the management plan;\n (5) for any year for which Federal funds have been received \n under this Act--\n (A) submit an annual report to the Secretary that \n describes the activities, expenses, and income of the \n local coordinating entity (including grants to any \n other entities during the year that the report is \n made);\n (B) make available to the Secretary for audit all \n records relating to the expenditure of the funds and \n any matching funds; and\n (C) require, with respect to all agreements \n authorizing expenditure of Federal funds by other \n organizations, that the organizations receiving the \n funds make available to the Secretary for audit all \n records concerning the expenditure of the funds; and\n (6) encourage by appropriate means economic viability that \n is consistent with the Heritage Area.\n (c) Prohibition on the Acquisition of Real Property.--The local \ncoordinating entity shall not use Federal funds made available under \nthis Act to acquire real property or any interest in real property.\n\nSEC. 5. MANAGEMENT PLAN.\n\n (a) In General.--Not later than 3 years after the date of enactment \nof this Act, the local coordinating entity shall submit to the \nSecretary for approval a proposed management plan for the Heritage \nArea.\n (b) Requirements.--The management plan shall--\n (1) incorporate an integrated and cooperative approach for \n the protection, enhancement, and interpretation of the natural, \n cultural, historic, scenic, educational, and recreational \n resources of the Heritage Area;\n (2) take into consideration State and local plans;\n (3) include--\n (A) an inventory of the resources located in the \n Heritage Area;\n (B) comprehensive policies, strategies, and \n recommendations for conservation, funding, management, \n and development of the Heritage Area;\n (C) a description of actions that governments, \n private organizations, and individuals have agreed to \n take to protect the natural, cultural, historic, \n scenic, educational, and recreational resources of the \n Heritage Area;\n (D) a program of implementation for the management \n plan by the local coordinating entity that includes a \n description of--\n (i) actions to facilitate ongoing \n collaboration among partners to promote plans \n for resource protection, restoration, and \n construction; and\n (ii) specific commitments for \n implementation that have been made by the local \n coordinating entity or any government, \n organization, or individual for the first 5 \n years of operation;\n (E) the identification of sources of funding for \n carrying out the management plan;\n (F) analysis and recommendations for means by which \n local, State, and Federal programs, including the role \n of the National Park Service in the Heritage Area, may \n best be coordinated to carry out this Act;\n (G) an interpretive plan for the Heritage Area; and\n (H) a map of the Heritage Area; and\n (4) recommend policies and strategies for resource \n management that consider and detail the application of \n appropriate land and water management techniques, including the \n development of intergovernmental and interagency cooperative \n agreements to protect the natural, cultural, historic, scenic, \n educational, and recreational resources of the Heritage Area.\n (c) Deadline.--If a proposed management plan is not submitted to \nthe Secretary by the date that is 3 years after the date of enactment \nof this Act, the local coordinating entity shall be ineligible to \nreceive additional funding under this Act until the date on which the \nSecretary approves a management plan.\n (d) Approval or Disapproval of Management Plan.--\n (1) In general.--Not later than 180 days after the date of \n receipt of the management plan under subsection (a), the \n Secretary, in consultation with the State, shall approve or \n disapprove the management plan.\n (2) Criteria for approval.--In determining whether to \n approve the management plan, the Secretary shall consider \n whether--\n (A) the local coordinating entity is representative \n of the diverse interests of the Heritage Area, \n including governments, natural and historic resource \n protection organizations, educational institutions, \n businesses, and recreational organizations;\n (B) the local coordinating entity has afforded \n adequate opportunity, including public hearings, for \n public and governmental involvement in the preparation \n of the management plan; and\n (C) the resource protection and interpretation \n strategies contained in the management plan, if \n implemented, would adequately protect the natural, \n cultural, historic, scenic, educational, and \n recreational resources of the Heritage Area.\n (3) Action following disapproval.--If the Secretary \n disapproves the management plan under paragraph (1), the \n Secretary shall--\n (A) advise the local coordinating entity in writing \n of the reasons for the disapproval;\n (B) make recommendations for revisions to the \n management plan; and\n (C) not later than 180 days after the date of \n receipt of any proposed revision of the management plan \n from the local coordinating entity, approve or \n disapprove the proposed revision.\n (4) Amendments.--\n (A) In general.--The Secretary shall approve or \n disapprove each amendment to the management plan that \n the Secretary determines would make a substantial \n change to the management plan.\n (B) Use of funds.--The local coordinating entity \n shall not use Federal funds authorized to be \n appropriated by this Act to carry out any amendments to \n the management plan until the Secretary has approved \n the amendments.\n\nSEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.\n\n (a) In General.--Nothing in this Act affects the authority of a \nFederal agency to provide technical or financial assistance under any \nother law (including regulations).\n (b) Consultation and Coordination.--To the maximum extent \npracticable, the head of any Federal agency planning to conduct \nactivities that may have an impact on the Heritage Area is encouraged \nto consult and coordinate the activities with the Secretary and the \nlocal coordinating entity.\n (c) Other Federal Agencies.--Nothing in this Act--\n (1) modifies, alters, or amends any law (including any \n regulation) authorizing a Federal agency to manage Federal land \n under the jurisdiction of the Federal agency;\n (2) limits the discretion of a Federal land manager to \n implement an approved land use plan within the boundaries of \n the Heritage Area; or\n (3) modifies, alters, or amends any authorized use of \n Federal land under the jurisdiction of a Federal agency.\n\nSEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.\n\n Nothing in this Act--\n (1) abridges the rights of any public or private property \n owner, including the right to refrain from participating in any \n plan, project, program, or activity conducted within the \n Heritage Area;\n (2) requires any property owner--\n (A) to permit public access (including access by \n Federal, State, tribal, or local agencies) to the \n property of the property owner; or\n (B) to modify public access or use of property of \n the property owner under any other Federal, State, or \n local law;\n (3) alters any duly adopted land use regulation, approved \n land use plan, or other regulatory authority of any Federal, \n State, or local agency;\n (4) conveys any land use or other regulatory authority to \n the local coordinating entity;\n (5) authorizes or implies the reservation or appropriation \n of water or water rights;\n (6) diminishes the authority of the State to manage fish \n and wildlife, including the regulation of fishing and hunting \n within the Heritage Area; or\n (7) creates any liability, or affects any liability under \n any other law (including regulations), of any private property \n owner with respect to any individual injured on the private \n property.\n\nSEC. 8. EVALUATION; REPORT.\n\n (a) In General.--Not later than 3 years before the date on which \nauthority for Federal funding terminates for the Heritage Area, the \nSecretary shall--\n (1) conduct an evaluation of the accomplishments of the \n Heritage Area; and\n (2) prepare a report in accordance with subsection (c).\n (b) Evaluation.--An evaluation conducted under subsection (a)(1) \nshall--\n (1) assess the progress of the local coordinating entity \n with respect to--\n (A) accomplishing the purposes of this Act for the \n Heritage Area; and\n (B) achieving the goals and objectives of the \n approved management plan for the Heritage Area;\n (2) analyze the Federal, State, local, and private \n investments in the Heritage Area to determine the leverage and \n impact of the investments; and\n (3) review the management structure, partnership \n relationships, and funding of the Heritage Area to identify the \n critical components for sustainability of the Heritage Area.\n (c) Report.--\n (1) In general.--Based on the evaluation conducted under \n subsection (a)(1), the Secretary shall prepare a report that \n includes recommendations for the future role of the National \n Park Service, if any, with respect to the Heritage Area.\n (2) Required analysis.--If the report prepared under \n paragraph (1) recommends that Federal funding for the Heritage \n Area be reauthorized, the report shall include an analysis of--\n (A) ways in which Federal funding for the Heritage \n Area may be reduced or eliminated; and\n (B) the appropriate time period necessary to \n achieve the recommended reduction or elimination.\n (3) Submission to congress.--On completion of the report, \n the Secretary shall submit the report to--\n (A) the Committee on Energy and Natural Resources \n of the Senate; and\n (B) the Committee on Natural Resources of the House \n of Representatives.\n\nSEC. 9. FUNDING.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this Act $10,000,000, of which not more than \n$1,000,000 may be made available for any fiscal year.\n (b) Availability.--Amounts made available under subsection (a) \nshall remain available until expended.\n (c) Cost-Sharing Requirement.--\n (1) In general.--The Federal share of the cost of any \n activity carried out using any assistance made available under \n this Act shall be not more than 50 percent.\n (2) Non-federal share.--The non-Federal share--\n (A) shall be from non-Federal sources; and\n (B) may be in the form of in-kind contributions of \n goods or services fairly valued.\n\nSEC. 10. TERMINATION OF AUTHORITY.\n\n The authority of the Secretary to provide assistance under this Act \nterminates on the date that is 15 years after the date of enactment of \nthis Act.","summary":"Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010 - Establishes the Fox-Wisconsin Heritage Parkway National Heritage Area in Wisconsin. Designates the Fox-Wisconsin Heritage Parkway as the local coordinating entity for the Heritage Area. Requires the Fox-Wisconsin Heritage Parkway to prepare and submit a management plan for the Heritage Area. Sets forth requirements for the approval or disapproval of the management plan.","title":"To establish the Fox-Wisconsin Heritage Parkway National Heritage Area, and for other purposes.","text_len":18838,"sum_len":440} {"bill_id":"105_hr461","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Water Conservation \nAct''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) the Federal Government has an historic commitment to \n assisting areas of the Nation in need of developing adequate \n water supplies,\n (2) water is becoming increasingly scarce and expensive in \n many parts of the United States, which is compounded when \n multiple years of drought occur,\n (3) in most areas of the United States, farms are \n overwhelmingly the largest water consumers, and\n (4) it is in the national interest for farmers to implement \n water conservation measures which address water conservation \n needs and for the Federal Government to promote such \n conservation measures.\n\nSEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF AGRICULTURAL WATER \n CONSERVATION SYSTEMS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to foreign tax credit, \netc.) is amended by adding at the end the following new section:\n\n``SEC. 30B. PURCHASE AND INSTALLATION OF AGRICULTURAL WATER \n CONSERVATION SYSTEMS.\n\n ``(a) Allowance of Credit.--In the case of an eligible taxpayer, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for the taxable year an amount equal to 30 percent of the water \nconservation system expenses paid or incurred by the taxpayer during \nsuch year.\n ``(b) Maximum Credit.--The credit allowed by subsection (a) with \nrespect to any water conservation system shall not exceed the product \nof $500 and the number of acres served by such system.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Eligible taxpayer.--The term `eligible taxpayer' \n means any taxpayer if--\n ``(A) at least 50 percent of such taxpayer's gross \n income is normally derived from a trade or business \n referred to in paragraph (3)(C), and\n ``(B) such taxpayer complies with all Federal, \n State, and local water rights and environmental laws.\n ``(2) Water conservation system expenses.--\n ``(A) In general.--The term `water conservation \n system expenses' means expenses for the purchase and \n installation of a water conservation system but only \n if--\n ``(i) the land served by the water is \n entirely in an area which has been identified, \n in the taxable year or in any of the 3 \n preceding taxable years, as an area of--\n ``(I) extreme drought severity on \n the Palmer Drought Severity Index \n published by the National Oceanic and \n Atmospheric Administration, or\n ``(II) water shortage (due to \n increasing demands, limited supplies, \n or limited storage) by the Natural \n Resources Conservation Service of the \n Department of Agriculture or the Bureau \n of Reclamation of the Department of the \n Interior,\n ``(ii) the taxpayer has in effect a water \n conservation plan which has been reviewed and \n approved by such Service and Bureau,\n ``(iii) such expenses are consistent with \n such plan, and\n ``(iv) there is an irrigation water savings \n of at least 5 percent which is attributable to \n such system.\n For purposes of clause (iv), water savings shall be \n determined and verified under regulations prescribed \n jointly by such Service and Bureau.\n ``(B) Water conservation system.--The term `water \n conservation system' means materials or equipment which \n are primarily designed to substantially conserve \n irrigation water used or to be used on farm land.\n ``(C) Farm land.--The term `farm land' means land \n used in a trade or business by the taxpayer or a tenant \n of the taxpayer for--\n ``(i) the production of crops, fruits, or \n other agricultural products,\n ``(ii) the raising, harvesting, or growing \n of trees, or\n ``(iii) the sustenance of livestock.\n ``(c) Limitation Based on Amount of Tax.--\n ``(1) Liability for tax.--The credit allowable under \n subsection (a) for any taxable year shall not exceed the excess \n (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(2) Carryforward of unused credit.--If the amount of the \n credit allowable under subsection (a) for any taxable year \n exceeds the limitation under paragraph (1) for the taxable \n year, the excess shall be carried to the succeeding taxable \n year and added to the amount allowable as a credit under \n subsection (a) for such succeeding taxable year.\n ``(d) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter with respect to any expense which is taken into \naccount in determining the credit under this section, and any increase \nin the basis of any property which would (but for this subsection) \nresult from such expense shall be reduced by the amount of credit \nallowed under this section for such expense.''\n (b) Technical Amendment.--Subsection (a) of section 1016 of such \nCode is amended by striking ``and'' at the end of paragraph (25), by \nstriking the period at the end of paragraph (26) and inserting ``; \nand'', and by adding at the end the following new paragraph:\n ``(27) to the extent provided in section 30B(d), in the \n case of amounts with respect to which a credit has been allowed \n under section 30B.''\n (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 30B. Purchase and installation of \n agricultural water conservation \n systems.''\n (d) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act, in taxable years ending after such date.","summary":"Agricultural Water Conservation Act - Amends the Internal Revenue Code to allow a tax credit for water conservation system expenses, if used on farm land having an extreme drought or a water shortage and meeting other requirements. Limits the amount of the credit and allows unused credit to be carried to the succeeding taxable year. Reduces by the amount of the credit any basis increase that would otherwise occur.","title":"Agricultural Water Conservation Act","text_len":7281,"sum_len":417} {"bill_id":"106_hr2051","text":"SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE \n AIR CARRIER COMPETITION AT AIRPORTS.\n\n Section 41712 of title 49, United States Code, is amended--\n (1) by inserting ``(a) In General.--'' before ``On the \n initiative''; and\n (2) by adding at the end the following:\n ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate \nAir Carrier Competition at Airports.--\n ``(1) In general.--If the Secretary receives a petition \n submitted by the sponsor of a commercial service airport (or by \n the attorney general of a State on behalf of 1 or more persons, \n including governmental entities, with respect to an airport) \n claiming that fares for scheduled air transportation at the \n airport are unreasonably high, or that competition between air \n carriers at the airport is inadequate, the Secretary shall \n investigate and hold a public hearing on the petition before \n the expiration of the 90-day period beginning on the date of \n receipt of the petition.\n ``(2) Location of hearing.--A public hearing under \n paragraph (1) shall be held in the community served by the \n airport if requested in the petition and if practicable.\n ``(3) Information to be provided by air carriers.--An air \n carrier providing air transportation at the airport shall \n provide to the Secretary pursuant to section 41708 such \n information concerning fares for air transportation and air \n service at the airport as the Secretary considers necessary to \n making findings in response to the petition.\n ``(4) Opportunity to testify.--A sponsor of an airport or \n an attorney general of a State submitting a petition under \n paragraph (1), and each air carrier providing air \n transportation at the airport, shall be provided an opportunity \n to testify at the public hearing conducted with respect to the \n petition. The Secretary may also take testimony from other \n interested persons and shall consider all written petitions \n received in response to each petition.\n ``(5) Findings.--Not later than 60 days after the date on \n which a public hearing is convened with respect to a petition \n submitted under this subsection, the Secretary shall issue \n written findings in response to the issues raised in the \n petition, including, at a minimum, findings as to--\n ``(A) subject to paragraph (8), whether fares for \n air transportation at the airport are substantially \n higher than at comparable airports in the Nation;\n ``(B) whether air carrier costs to provide air \n transportation at the airport appear substantially \n higher than at comparable airports;\n ``(C) whether barriers to entry are discouraging or \n preventing other air carriers from initiating \n competitive air transportation at the airport;\n ``(D) whether marketing practices described in \n subsection (c) or other air carrier practices are \n contributing to such barriers to entry or are otherwise \n resulting in higher air carrier costs or higher fares \n for air transportation; and\n ``(E) as appropriate, whether any programs under \n the Secretary's authority could be helpful to airports \n in marketing their facilities to air carriers, reducing \n fares for air transportation, or minimizing barriers to \n entry by other air carriers seeking to provide air \n transportation at the airport.\n ``(6) Subsequent petitions.--If the Secretary receives a \n petition under this section with respect to an airport for \n which the Secretary has previously conducted an investigation \n and public hearing under this subsection, the Secretary may \n decide not to conduct a subsequent investigation and public \n hearing in response to the new petition. In deciding whether to \n conduct the investigation and public hearing, the Secretary \n shall consider whether changed circumstances may have limited \n the continuing validity of the Secretary's previous findings \n with respect to the airport.\n ``(7) Reports to congress.--Not later than 180 days after \n the date of enactment of this subsection, and at the end of \n each 180-day period thereafter, the Secretary shall transmit to \n Congress a report on the results of the investigations, if any, \n completed under this subsection during that period.\n ``(8) Limitation on statutory construction.--Nothing in \n this subsection may be construed to authorize the Secretary to \n set or invalidate any fare for air transportation.\n ``(c) Marketing Practices That Adversely Affect Air Carrier \nCompetition.--\n ``(1) Review.--Not later than 180 days after the date of \n enactment of this subsection, the Secretary shall review the \n marketing practices of air carriers that may inhibit the \n availability of quality, affordable air transportation services \n to commercial service airports, including--\n ``(A) marketing arrangements between air carriers \n and travel agents;\n ``(B) code-sharing partnerships;\n ``(C) frequent flyer incentive programs and \n restrictions on purchases of frequent flyer mileage by \n other air carriers;\n ``(D) computer reservation system displays;\n ``(E) gate arrangements at airports;\n ``(F) exclusive dealing arrangements; and\n ``(G) any other marketing practices that may have \n similar impacts.\n ``(2) Regulations.--If the Secretary finds, after \n conducting the review required by paragraph (1), that 1 or more \n marketing practices of air carriers inhibit the availability of \n quality, affordable air transportation services at commercial \n service airports, the Secretary, after providing notice and an \n opportunity for public comment, shall issue regulations to \n address the marketing practices.''.","summary":"Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition. And (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.","title":"To amend title 49, United States Code, to require the Secretary of Transportation to investigate and hold public hearings in response to petitions claiming unreasonably high air fares or inadequate air carrier competition at airports.","text_len":6595,"sum_len":869} {"bill_id":"113_hr4173","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfield Redevelopment and \nEconomic Development Innovative Financing Act of 2014''.\n\nSEC. 2. BROWNFIELD REDEVELOPMENT AND ECONOMIC DEVELOPMENT INNOVATIVE \n FINANCING PROGRAM.\n\n (a) Establishment and Purpose.--The Secretary of Housing and Urban \nDevelopment, in consultation with the Secretary of the Treasury, shall \nestablish a program, to be known as the Brownfield Redevelopment and \nEconomic Development Innovative Financing program, under which the \nSecretary may guarantee, and make commitments to guarantee, the \nrepayment of principal and interest on loans made by lenders to local \ngovernments, local redevelopment agencies, or BRAC redevelopment \nprojects for the purposes of carrying out projects for redeveloping \nbrownfields and promoting urban renewal.\n (b) Eligibility Requirements.--\n (1) Application.--A local government, local redevelopment \n agency, or BRAC redevelopment project shall be eligible to \n receive a loan guarantee under the Program only if such \n government, agency, or project submits to the Secretary (at \n such time and in such form as the Secretary may require)--\n (A) a master plan that meets the requirements under \n subsection (c);\n (B) a certification from the Environmental \n Protection Agency, or an entity designated by the \n Environmental Protection Agency, that the brownfield to \n be redeveloped under the master plan requires \n environmental remediation; and\n (C) any other information as the Secretary may \n require.\n (2) Loan eligibility.--A loan may be guaranteed under the \n Program only if the loan meets the following requirements:\n (A) Use.--Such loan shall be used for costs of \n carrying out a project to redevelop brownfields and \n promote urban renewal, which may include--\n (i) acquisition of a brownfield site;\n (ii) remediation of a brownfield site;\n (iii) relocation of existing facilities in \n operation on the redevelopment site; or\n (iv) site preparation, including the \n installation of utilities, sewers, storm \n drains, and transportation facilities.\n (B) Contamination.--A local government, local \n redevelopment agency, or BRAC redevelopment project may \n not receive a loan guarantee under the Program if the \n applying agency was responsible for contaminating a \n brownfield to be redeveloped using such loan.\n (C) Number of loans.--A local government, local \n redevelopment agency, or BRAC redevelopment project may \n not at any time have more than one outstanding loan \n that is guaranteed under the Program.\n (D) Amount of principal.--The original principal \n amount of such loan shall not--\n (i) be less than $25,000,000; and\n (ii) exceed the lesser of--\n (I) the total cost of the \n redevelopment project for which the \n loan is to be used; or\n (II) $150,000,000.\n (E) Interest rate.--Such loan shall bear interest \n at a rate negotiated between the lender and the \n borrower, subject to any limitations that the Secretary \n may establish.\n (F) Duration.--The term to maturity of such loan \n shall not be shorter than 20 years nor longer than 30 \n years.\n (G) Repayment.--Such loan--\n (i) shall not require any repayment of \n principal or interest within 10 years after the \n date that the lender makes the loan to the \n borrower; and\n (ii) shall require that repayment shall \n begin not later than 15 years after the date \n that such loan is made.\n (c) Master Plan.--A master plan under this subsection shall \ndescribe the proposed brownfield redevelopment project for which the \nloan guarantee is to be made, and shall include--\n (1) a description of the project to be funded by the loan, \n including a schedule of activities to be undertaken and a \n budget for such project;\n (2) a demonstration that the brownfield redevelopment \n project will result in major redevelopment, based on economic \n development and environmental quality and restoration, in the \n community in which such project is located, which shall include \n information regarding--\n (A) the extent of non-Federal funds committed to \n the project;\n (B) the number of long-term jobs created by the \n project;\n (C) the environmental remediation of brownfield \n sites due to the project;\n (D) a description of the environmental and economic \n impact of the project on the community;\n (E) the amount of affordable housing created by the \n project;\n (F) the reduction of vehicle congestion and \n emissions expected to result from the project;\n (G) the extent of integration of green technology \n into developments and buildings created by the project;\n (H) the extent of improvement in air quality \n expected to result from the project; and\n (I) the extent to which complete streets planning \n and transit-oriented development is incorporated into \n the project;\n (3) evidence of the commitments of investment from non-\n Federal entities, established through zoning or other \n documentation; and\n (4) a remediation action plan that has been approved by the \n Environmental Protection Agency, or its designee.\n (d) Selection Criteria.--The Secretary shall establish criteria for \nselecting local governments, local redevelopment agencies, and BRAC \nredevelopment projects to receive loan guarantees under the Program. \nSuch criteria shall take into consideration the information required \nunder subsection (c)(2). Such criteria shall provide that existing BRAC \nredevelopment projects having existing Federal grants, loans, or other \nassistance or commitments for Federal grants, loans, or other \nassistance, shall be given additional favorable consideration toward \nsuch selection.\n (e) Full Faith and Credit.--The full faith and credit of the United \nStates is pledged to the payment of all guarantees made under this \nsection. Any such guarantee made by the Secretary shall be conclusive \nevidence of the eligibility of the obligations for such guarantee with \nrespect to principal and interest, and the validity of any such \nguarantee so made shall be incontestable in the hands of a holder of \nthe guaranteed obligations.\n (f) Protection Against Liability for Environmental Remediation.--\nThe Federal Government shall not be liable under the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9601 et seq.) or any other Federal, State, or local law as a \nresult of a loan guarantee made under this section.\n (g) Processing; Repayment and Collateral; Congressional \nOversight.--\n (1) Processing.--The Secretary shall consider, process, and \n approve all requests for loan guarantees under this section \n using an approval process that is substantially identical to \n the approval process used for loan guarantees provided under \n section 108 of the Housing and Community Development Act of \n 1974 (42 U.S.C. 5308).\n (2) Repayment schedule and collateralization.--To be \n eligible for a loan guarantee under this section, an applicant \n shall demonstrate a viable repayment schedule and shall provide \n sufficient collateral to ensure repayment of loans so \n guaranteed, which may be in the form of a pledge of grants for \n which the applicant may become eligible under title I of the \n Housing and Community Development Act of 1974 (42 U.S.C. 5301 \n et seq.), except that the Secretary may not require a pledge of \n such grants as collateral and shall provide for applicants to \n provide collateral in other forms, at the option of the \n applicant.\n (3) Congressional oversight.--Before final approval of any \n loan guarantee under this section, the Secretary shall notify \n the Committees on Financial Services and Appropriations of the \n House of Representatives and Committees on Banking, Housing, \n and Urban Affairs and Appropriations of the Senate of such \n approval.\n (h) Definitions.--For purposes of this section the following \ndefinitions shall apply:\n (1) BRAC redevelopment project.--The term ``BRAC \n redevelopment project'' means a project to redevelop a site \n that has been designated as a Base Realignment and Closure Site \n by the Secretary of Defense, through the Defense Base Closure \n and Realignment Commission, and is listed on the website of the \n Department of Defense as such a site.\n (2) Brownfield.--The term ``brownfield'' has the meaning \n given such term in section 101(39) of the Comprehensive \n Environmental Response, Compensation, and Liability Act of 1980 \n (42 U.S.C. 9601(39).\n (3) Local redevelopment agency.--The term ``local \n redevelopment agency'' means any agency, office, or division of \n a State government whose purpose includes improving blighted, \n deteriorated, or otherwise economically depressed areas.\n (4) Remediation action plan.--The term ``remediation action \n plan'' means, with respect to a brownfield redevelopment \n project, a document that describes how the project site will be \n remediated, what technology will be used to accomplish such \n remediation, and when the remediation actions will take place.\n (5) Program.--The term ``Program'' means the Brownfield \n Redevelopment and Economic Development Innovative Financing \n program established under this section.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (i) Regulations.--Not later than 6 months after the date of \nenactment of this section, the Secretary shall issue regulations as may \nbe necessary to carry out the Program.\n (j) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary $100,000,000 for fiscal year 2015 for \ncosts (as such term is defined in section 502 of the Federal Credit \nReform Act of 1990 (2 U.S.C. 661a)) of loans guaranteed under this \nsection, which amounts shall remain available through fiscal year 2019.","summary":"Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish the Brownfield Redevelopment and Economic Development Innovative Financing Program, under which the Secretary may guarantee the repayment of loans made by lenders to local governments, local redevelopment agencies, or Base Realignment and Closure Commission (BRAC) redevelopment projects to carry out projects for redeveloping brownfields and promoting urban renewal. Requires such an entity, in order to receive such a loan guarantee, to submit: (1) a master plan that describes the proposed brownfield redevelopment project, demonstrates that such project will result in major redevelopment, provides evidence of investment commitments from non-federal entities, and includes a remediation action plan approved by the Environmental Protection Agency (EPA). And (2) a certification from EPA that the brownfield to be redeveloped requires environmental remediation. Prohibits an entity from: (1) receiving a loan guarantee if it was responsible for contaminating the brownfield to be redeveloped, or (2) having more than one outstanding loan that is guaranteed under the Program. Sets forth requirements regarding an eligible loan's principal amount, interest rate, duration, and repayment terms. Directs the Secretary to establish criteria for selecting entities to receive loan guarantees.","title":"Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014","text_len":11621,"sum_len":1450} {"bill_id":"111_s1561","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arctic Marine Shipping Assessment \nImplementation Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States is an Arctic nation with--\n (A) an approximately 700-mile border with the \n Arctic Ocean;\n (B) more than 100,000,000 acres of land above the \n Arctic Circle; and\n (C) an even broader area defined as Arctic by \n temperature, which includes the Bering Sea and Aleutian \n Islands.\n (2) The Arctic region of the United States--\n (A) is home to an indigenous population which has \n subsisted for millennia on the abundance in marine \n mammals, fish, and wildlife, many of which are unique \n to the region;\n (B) is known to the indigenous population as \n Inuvikput or the ``place where we live''; and\n (C) has produced more than 16,000,000,000 barrels \n of oil and, according to the United States Geological \n Survey, may hold an additional 30,000,000,000 barrels \n of oil and 220,000,000,000,000 cubic feet of natural \n gas, making the region of fundamental importance to the \n national interest of the United States.\n (3) Temperatures in the United States Arctic region have \n warmed by 3 to 4 degrees Celsius over the past half-century, a \n rate of increase that is twice the global average.\n (4) The Arctic ice pack is rapidly diminishing and \n thinning, and the National Oceanic and Atmospheric \n Administration estimates the Arctic Ocean may be ice free \n during summer months in as few as 30 years.\n (5) Such changes to the Arctic region are having a \n significant impact on the indigenous people of the Arctic, \n their communities and ecosystems, as well as the marine \n mammals, fish, and wildlife upon which they depend.\n (6) Such changes are opening new portions of the United \n States Arctic continental shelf to possible development for \n offshore oil and gas, commercial fishing, marine shipping, and \n tourism.\n (7) It is in the interests of the United States to work \n with the State of Alaska and the United States neighbors in the \n Arctic region to ensure that shipping in the Arctic Ocean and \n adjacent seas is safe for mariners, protective of the natural \n environment, including the air, land, water, and wildlife of \n the Arctic, and mindful of the needs of longstanding \n subsistence users of Arctic resources.\n (8) It is in the interests of the United States to ensure \n that shipping in the Arctic Ocean and adjacent seas is secure, \n that United States sovereign and security interests, including \n the freedom of navigation rights of United States and foreign \n vessels to transit international straits, are respected and \n protected, consistent with international and customary law, \n that access is provided throughout the Arctic Ocean for \n legitimate research vessels of all nations, and that peaceful \n relations are maintained in the Arctic region.\n (9) It is in the interests of the United States to \n cooperate to establish a system of international cooperation to \n support reliable shipping, with methods for joint investment in \n providing mariners aids to navigation, ports of refuge, vessel-\n to-shore communication, weather and ice forecasting, ship \n tracking and reporting, hydrographic mapping, and search and \n rescue capability.\n (10) The United States has continuing research, security, \n environmental, and commercial interests in the Arctic region \n that rely on the availability of polar class icebreakers of the \n Coast Guard that were commissioned in the 1970s and are in need \n of replacement.\n (11) Sovereign interests of the United States in the Arctic \n Ocean and Bering Sea regions may grow with submission of a \n United States claim for an extended continental shelf, pending \n the United States becoming a party to the United Nations \n Convention on the Law of the Sea, done at Montego Bay December \n 10, 1982.\n (12) Building new icebreakers, forward operating bases, \n aids to navigation, and other facilities, and establishing \n coordinated shipping regulations and oil spill prevention and \n response capability through international cooperation requires \n long lead times.\n (13) Beginning such efforts, with the completion of an \n Arctic Marine Shipping Assessment by the 8-nation Arctic \n Council, is essential to protect United States interests given \n the extensive current use of the Arctic Ocean and adjacent seas \n by vessels of many nations.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to ensure safe, secure, and reliable \nmaritime shipping in the Arctic, including the availability of aids to \nnavigation, vessel escorts, spill response capability, and maritime \nsearch and rescue in the Arctic.\n\nSEC. 4. DEFINITIONS.\n\n In this Act, the term ``Arctic'' has the meaning given that term in \nsection 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. \n4111).\n\nSEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS.\n\n It is the sense of Congress that, to carry out the purpose of this \nAct, the Secretary of State, in consultation with the Secretary of \nHomeland Security, acting through the Commandant of the Coast Guard, \nshould work to establish agreements to promote coordinated action among \nthe United States, Russia, Canada, Iceland, Norway, and Denmark and \nother seafaring and Arctic nations with respect to--\n (1) placement and maintenance of aids to navigation in \n waters of the Arctic;\n (2) improved navigational charts;\n (3) the monitoring of ocean conditions including wind, \n waves, and currents and the timely reporting of information \n about ice and weather conditions;\n (4) appropriate icebreaking escort, tug, and salvage \n capabilities;\n (5) oil spill prevention and response capability;\n (6) maritime domain awareness, including long-range vessel \n tracking and communications facilities;\n (7) search and rescue; and\n (8) facilities for ship generated waste.\n\nSEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS.\n\n (a) Submission of Report Analysis to Congress.--\n (1) Requirement for submission.--Not later than 90 days \n following the completion of the High Latitude Polar Ice-\n Breaking Mission Analysis Report, the Commandant of the Coast \n Guard shall submit to the appropriate committees of Congress--\n (A) such report; and\n (B) consistent with section 93(a)(24) of title 14, \n United States Code, any recommendations of the \n Commandant related to such report.\n (2) Appropriate committees of congress defined.--In this \n subsection, the term ``appropriate committees of Congress'' \n means the Committee on Commerce, Science, and Transportation of \n the Senate and the Committee on Transportation and \n Infrastructure of the House of Representatives.\n (b) Mission Requirements Analysis.--\n (1) Mission requirements analysis.--Not later than 90 days \n after the date of the enactment of this Act, the Commandant of \n the Coast Guard shall, subject to the availability of \n appropriations, execute a contract with an independent entity \n to--\n (A) conduct an analysis of future mission \n requirements of the Coast Guard in the Arctic and \n Antarctic; and\n (B) estimate the necessary resources to provide for \n such requirements.\n (2) Submission of analysis and estimate.--Not later than \n 120 days after the date that the contract described in \n paragraph (1) is executed, the analysis and estimate described \n in subparagraph (A) and (B) of that paragraph shall be \n submitted to--\n (A) the appropriate committees of Congress;\n (B) the Commandant of the Coast Guard; and\n (C) the Comptroller General of the United States.\n (3) Additional recommendations.--Not later than 90 days \n after the submission of the analysis and estimate described in \n paragraph (2)--\n (A) the Commandant of the Coast Guard shall submit \n to the appropriate committees of Congress, consistent \n with section 93(a)(24) of title 14, United States Code, \n any recommendations of the Commandant related to such \n analysis and estimate; and\n (B) the Comptroller General shall submit to the \n appropriate committees of Congress any recommendations \n of the Comptroller General related to such analysis and \n estimate.\n (4) Appropriate committees of congress defined.--In this \n subsection, the term ``appropriate committees of Congress'' \n means--\n (A) the Committee on Commerce, Science, and \n Transportation and the Committee on Homeland Security \n and Governmental Affairs of the Senate; and\n (B) the Committee on Homeland Security and the \n Committee on Transportation and Infrastructure of the \n House of Representatives.\n\nSEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS.\n\n (a) In General.--Pursuant to sections 4 and 5 of the Ports and \nWaterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant \nof the Coast Guard, in consultation with the appropriate Area Committee \nestablished under section 311(j)(4) of the Federal Water Pollution \nControl Act (33 U.S.C. 1321(j)(4)), shall prepare--\n (1) not later than 2 years after the date of the enactment \n of this Act, a vessel traffic risk assessment for the Bering \n Strait, Alaska; and\n (2) not later than 3 years after the date of the enactment \n of this Act, a vessel traffic risk assessment for the Arctic \n Ocean waters adjacent to Alaska's North Slope.\n (b) Contents.--A vessel traffic risk assessment, prepared pursuant \nto subsection (a), shall describe for the Bering Strait or the Arctic \nOcean, as appropriate--\n (1) the amount and character of present and estimated \n future shipping traffic in the region; and\n (2) the current and projected use and effectiveness in \n reducing risk of--\n (A) traffic separation schemes and routing \n measures;\n (B) long-range vessel tracking systems developed \n under section 70115 of title 46, United States Code;\n (C) towing, response, or escort tugs;\n (D) vessel traffic services;\n (E) emergency towing packages on vessels;\n (F) increased spill response equipment including \n equipment appropriate for severe weather and sea \n conditions;\n (G) the automatic identification system developed \n under section 70114 of title 46, United States Code;\n (H) particularly sensitive sea areas, important \n ecological areas, areas to be avoided, and other \n traffic exclusion zones;\n (I) aids to navigation;\n (J) vessel response plans, facility response plans, \n any other response plans that the Secretary deems \n necessary; and\n (K) area contingency plans and the effectiveness of \n the several response plans to support an area \n contingency plans.\n (c) Recommendations.--\n (1) In general.--An assessment, prepared pursuant to this \n section, may include any appropriate recommendations to enhance \n the safety and security, or lessen potential adverse \n environmental impacts, of marine shipping.\n (2) Consultation.--Prior to making any recommendation \n described in paragraph (1), the Commandant of the Coast Guard, \n acting through the appropriate Area Committee established under \n section 311(j)(4) of the Federal Water Pollution Control Act \n (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, \n State, and local government agencies, representatives of the \n fishing industry, Alaska Natives from the region, the \n conservation community, and the merchant shipping and oil \n transportation industries.\n\nSEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE.\n\n (a) Consultation and Determination.--Not later than 1 year after \nthe date of the enactment of this Act, the Commandant of the Coast \nGuard shall consult with the Secretary of the Army to determine the \nviability of and the improvements necessary to make the harbor at St. \nGeorge Island, Alaska, a fully functional harbor of refuge throughout \nthe year to enhance safety of life at sea and protection from oil \npollution in the Central Bering Sea.\n (b) Completion of Harbor.--Not later than 3 years after the date of \nthe enactment of this Act, the Secretary of the Army shall complete the \nharbor at St. George Island, Alaska, including the improvements \ndetermined under subsection (a) and any engineering design needed for \nsafe navigation.\n\nSEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.\n\n (a) Study.--\n (1) In general.--The Commandant of the Coast Guard shall \n conduct a study on the feasibility and potential of \n establishing a deep water sea port in the Arctic to protect and \n advance strategic United States interests within the evolving \n and ever more important Arctic region.\n (2) Scope.--The study required under paragraph (1) shall \n address the following issues:\n (A) The capability that such a port would provide.\n (B) Potential and optimum locations for such a \n port.\n (C) Resources needed to establish such a port.\n (D) The time frame needed to establish such a port.\n (E) The infrastructure required to support such a \n port.\n (F) Any other issues the Secretary determines \n necessary to complete the study.\n (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of Defense shall submit to the congressional \ndefense committees a report on the findings of the study conducted \nunder subsection (a).\n\nSEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES.\n\n Notwithstanding any other provision of law, the Director of the \nNational Science Foundation shall transfer all amounts provided \npursuant to any Act for the procurement of polar icebreaking services \nto the United States Coast Guard Appropriation Accounts, and such \namounts shall remain available until expended for operating expenses, \nrenovation, and improvement.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to the \nSecretary of Homeland Security--\n (1) $40,000,000 in fiscal year 2011 for the design of a new \n polar class icebreaker;\n (2) $800,000,000 for each of fiscal years 2011 and 2012 for \n the construction of 2 polar capable icebreakers;\n (3) $5,000,000 for each of fiscal years 2011 through 2015 \n for seasonal operations in the Arctic;\n (4) $10,000,000 for each of fiscal years 2012 through 2015 \n to carry out any agreements referred to in section 5;\n (5) $4,000,000, to remain available until expended, for a \n vessel traffic risk assessments to be conducted pursuant to \n section 7; and\n (6) $100,000,000 in each of the fiscal years 2011 through \n 2013 for the construction of forward operating bases, including \n aircraft hangar, bunk and mess facilities in Barrow, Nome, and \n Saint Paul Island, Alaska.\n (b) Hydrographic Services.--Section 306 of the Hydrographic \nServices Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding \nat the end the following new paragraphs:\n ``(7) To acquire hydrographic data, provide hydrographic \n services, and conduct coastal change analyses necessary to \n ensure safe navigation, and to improve the management of \n coastal change in the Arctic, $10,000,000 for each of fiscal \n years 2011 and 2012.\n ``(8) To acquire hydrographic data and provide hydrographic \n services in the Arctic necessary to delineate the United States \n extended continental shelf, $5,000,000 for each of fiscal years \n 2011 and 2012.''.","summary":"Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic. Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it. (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic. And (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope. Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation. Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance US strategic interests within the Arctic region. Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement. Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska. And (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic.","title":"A bill to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic, and for other purposes.","text_len":17585,"sum_len":2167} {"bill_id":"106_s3180","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spyware Control and Privacy \nProtection Act of 2000''.\n\nSEC. 2. COLLECTION OF INFORMATION BY COMPUTER SOFTWARE.\n\n (a) Notice and Choice Required.--\n (1) In general.--Any computer software made available to \n the public, whether by sale or without charge, that includes a \n capability to collect information about the user of such \n computer software, the hardware on which such computer software \n is used, or the manner in which such computer software is used, \n and to disclose to such information to any person other than \n the user of such computer software, shall include--\n (A) a clear and conspicuous written notice, on the \n first electronic page of the instructions for the \n installation of such computer software, that such \n computer software includes such capability;\n (B) a description of the information subject to \n collection and the name and address of each person to \n whom such computer software will transmit or otherwise \n communicate such information; and\n (C) a clear and conspicuous written electronic \n notice, in a manner reasonably calculated to provide \n the user of such computer software with easily \n understood instructions on how to disable such \n capability without affecting the performance or \n operation of such computer software for the purposes \n for which such computer software was intended.\n (2) Enablement of capability.--A capability of computer \n software described in paragraph (1) may not be enabled unless \n the user of such computer software provides affirmative \n consent, in advance, to the enablement of the capability.\n (3) Exception.--The requirements in paragraphs (1) and (2) \n shall not apply to any capability of computer software that is \n reasonably needed to--\n (A) determine whether or not the user is a licensed \n or authorized user of such computer software;\n (B) provide, upon request of the user, technical \n support of the use of such computer software by the \n user; or\n (C) enable an employer to monitor computer usage by \n its employees while such employees are within the scope \n of employment as authorized by applicable Federal, \n State, or local law.\n (4) Use of information collected through excepted \n capability.--Any information collected through a capability \n described in paragraph (1) for a purpose referred to in \n paragraph (3) may be utilized only for the purpose for which \n such information is collected under paragraph (3).\n (5) Access to information collected through excepted \n capability.--Any person collecting information about a user of \n computer software through a capability described in paragraph \n (1) shall--\n (A) upon request of the user, provide reasonable \n access by user to information so collected;\n (B) provide a reasonable opportunity for the user \n to correct, delete, or supplement such information; and\n (C) make the correction or supplementary \n information a part of the information about the user \n for purposes of any future use of such information \n under this subsection.\n (6) Security of information collected through excepted \n capability.--Any person collecting information through a \n capability described in paragraph (1) shall establish and \n maintain reasonable procedures necessary to protect the \n security, confidentiality, and integrity of such information.\n (b) Preinstallation.--In the case of computer software described in \nsubsection (a)(1) that is installed on a computer by someone other than \nthe user of such computer software, whether through preinstallation by \nthe provider of such computer or computer software, by installation by \nsomeone before delivery of such computer to the user, or otherwise, the \nnotice and instructions under that subsection shall be provided in \nelectronic form to the user before the first use of such computer \nsoftware by the user.\n (c) Violations.--A violation of subsection (a) or (b) shall be \ntreated as an unfair or deceptive act or practice proscribed by section \n18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. \n57a(a)(1)(B)).\n (d) Disclosure to Law Enforcement or Under Court Order.--\n (1) In general.--Notwithstanding any other provision of \n this section, a computer software provider that collects \n information about users of the computer software may disclose \n information about a user of the computer software--\n (A) to a law enforcement agency in response to a \n warrant issued under the Federal Rules of Criminal \n Procedure, an equivalent State warrant, or a court \n order issued in accordance with paragraph (3); or\n (B) in response to a court order in a civil \n proceeding granted upon a showing of compelling need \n for the information that cannot be accommodated by any \n other means if--\n (i) the user to whom the information \n relates is given reasonable notice by the \n person seeking the information of the court \n proceeding at which the order is requested; and\n (ii) the user is afforded a reasonable \n opportunity to appear and contest the issuance \n of the requested order or to narrow its scope.\n (2) Safeguards against further disclosure.--A court that \n issues an order described in paragraph (1) shall impose \n appropriate safeguards on the use of the information to protect \n against its unauthorized disclosure.\n (3) Court orders.--A court order authorizing disclosure \n under paragraph (1)(A) may issue only with prior notice to the \n user and only if the law enforcement agency shows that there is \n probable cause to believe that the user has engaged, is \n engaging, or is about to engage in criminal activity and that \n the records or other information sought are material to the \n investigation of such activity. In the case of a State \n government authority, such a court order shall not issue if \n prohibited by the law of such State. A court issuing an order \n pursuant to this paragraph, on a motion made promptly by the \n computer software provider may quash or modify such order if \n the information or records requested are unreasonably \n voluminous in nature or if compliance with such order otherwise \n would cause an unreasonable burden on the provider.\n (e) Private Right of Action.--\n (1) Actions authorized.--A person may, if otherwise \n permitted by the laws or rules of court of a State, bring in an \n appropriate Federal court, if such laws or rules prohibit such \n actions, either or both of the actions as follows:\n (A) An action based on a violation of subsection \n (a) or (b) to enjoin such violation.\n (B) An action to recover actual monetary loss for a \n violation of subsection (a) or (b) in an amount equal \n to the greater of--\n (i) the amount of such actual monetary \n loss; or\n (ii) $2,500 for such violation, not to \n exceed a total amount of $500,000.\n (2) Additional remedy.--If the court in an action under \n paragraph (1) finds that the defendant willfully, knowingly, or \n repeatedly violated subsection (a) or (b), the court may, in \n its discretion, increase the amount of the award under \n paragraph (1)(B) to an amount not greater than three times the \n amount available under paragraph (1)(B)(ii).\n (3) Litigation costs and attorney fees.--In any action \n under paragraph (1), the court may, in its discretion, require \n an undertaking for the payment of the costs of such action and \n assess reasonable costs, including reasonable attorney fees, \n against the defendant.\n (4) Venue.--In addition to any contractual provision \n otherwise, venue for an action under paragraph (1) shall lie \n where the computer software concerned was installed or used or \n where the person alleged to have committed the violation \n concerned is found.\n (5) Protection of trade secrets.--At the request of any \n party to an action under paragraph (1), or any other \n participant in such action, the court may, in its discretion, \n issue a protective order and conduct proceedings in such action \n so as to protect the secrecy and security of the computer, \n computer network, computer data, computer program, and computer \n software involved in order to--\n (A) prevent possible recurrence of the same or a \n similar act by another person; or\n (B) protect any trade secrets of such party or \n participant.\n (f) Definitions.--In this section:\n (1) Collect.--The term ``collect'' means the gathering of \n information about a computer or a user of computer software by \n any means, whether direct or indirect and whether active or \n passive.\n (2) Computer.--The term ``computer'' means a programmable \n electronic device that can store, retrieve, and process data.\n (3) Computer software.--(A) Except as provided in \n subparagraph (B), the term ``computer software'' means any \n program designed to cause a computer to perform a desired \n function or functions.\n (B) The term does not include a text file, or cookie, \n placed on a person's computer system by an Internet service \n provider, interactive computer service, or commercial Internet \n website to return information to the Internet service provider, \n interactive computer service, commercial Internet website, or \n third party if the person subsequently uses the Internet \n service provider or interactive computer service, or accesses \n the commercial Internet website.\n (4) Information.--The term ``information'' means \n information that personally identifies a user of computer \n software, including the following:\n (A) A first and last name, whether given at birth \n or adoption, assumed, or legally changed.\n (B) A home or other physical address including \n street name and name of a city or town.\n (C) An electronic mail address.\n (D) A telephone number.\n (E) A social security number.\n (F) A credit card number, any access code \n associated with the credit card, or both.\n (G) A birth date, birth certificate number, or \n place of birth.\n (H) Any other unique information identifying an \n individual that a computer software provider, Internet \n service provider, interactive computer service, or \n operator of a commercial Internet website collects and \n combines with information described in subparagraphs \n (A) through (G) of this paragraph.\n (5) Person.--The term ``person'' has the meaning given that \n term in section 3(32) of the Communications Act of 1934 (47 \n U.S.C. 153(32)).\n (6) User.--The term ``user'' means an individual who \n acquires, through purchase or otherwise, computer software for \n purposes other than resale.\n (g) Effective Date.--This section shall take effect 180 days after \nthe date of the enactment of this Act.","summary":"Prohibits such capability from being enabled unless the user consent in advance. Provides exceptions for any such capability reasonably needed to: (1) determine whether a user is a licensed or authorized user, (2) provide technical support for such software. Or (3) enable an employer to monitor computer usage by employees within the scope of employment authorized by applicable Federal, State, or local law. Requires the protection of information collected through such exceptions. Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order . Requires a court issuing such an order to ensure appropriate safeguards on the use of such information. Provides a private right of action for users for enforcement of this Act. Authorizes a court, in such an action, to issue a protective order and conduct proceedings so as to protect trade secrets.","title":"Spyware Control and Privacy Protection Act of 2000","text_len":12696,"sum_len":1059} {"bill_id":"110_hr5170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Homeland Security \nComponent Privacy Officer Act of 2008''.\n\nSEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF \n DEPARTMENT OF HOMELAND SECURITY.\n\n (a) In General.--Subtitle C of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after \nsection 222 the following new section:\n\n``SEC. 222A. PRIVACY OFFICIALS.\n\n ``(a) Designation.--\n ``(1) In general.--For each component of the Department \n under paragraph (2), the Secretary shall, in consultation with \n the head of the component, designate a full-time privacy \n official, who shall report directly to the senior official \n appointed under section 222. Each such component privacy \n official shall have primary responsibility for its component in \n implementing the privacy policy for the Department established \n by the senior official appointed under section 222.\n ``(2) Components.--The components of the Department \n referred to in this subparagraph are as follows:\n ``(A) The Transportation Security Administration.\n ``(B) The Bureau of Citizenship and Immigration \n Services.\n ``(C) Customs and Border Protection.\n ``(D) Immigration and Customs Enforcement.\n ``(E) The Federal Emergency Management Agency.\n ``(F) The Coast Guard.\n ``(G) The Directorate of Science and Technology.\n ``(H) The Office of Intelligence and Analysis.\n ``(I) The Directorate for National Protection and \n Programs.\n ``(b) Responsibilities.--Each privacy official designated under \nsubsection (a) shall report directly to both the head of the official's \ncomponent and the senior official appointed under section 222, and \nshall have the following responsibilities with respect to the \ncomponent:\n ``(1) Serve as such senior official's main point of contact \n at the component to implement the polices and directives of \n such senior official in carrying out section 222.\n ``(2) Advise the head of that component on privacy \n considerations when any law, regulation, program, policy, \n procedure, or guideline is proposed, developed, or implemented.\n ``(3) Assure that the use of technologies by the component \n sustain or enhance privacy protections relating to the use, \n collection, and disclosure of personal information within the \n component.\n ``(4) Identify privacy issues related to component programs \n and apply appropriate privacy policies in accordance with \n Federal privacy law and Departmental policies developed to \n ensure that the component protects the privacy of individuals \n affected by its activities.\n ``(5) Monitor the component's compliance with all \n applicable Federal privacy laws and regulations, implement \n corrective, remedial, and preventive actions and notify the \n senior official appointed under section 222 of privacy issues \n or non-compliance, whenever necessary.\n ``(6) Ensure that personal information contained in Privacy \n Act systems of records is handled in full compliance with \n section 552a of title 5, United States Code.\n ``(7) Assist in drafting and reviewing privacy impact \n assessments, privacy threshold assessments, and system of \n records notices, in conjunction with and under the direction of \n the senior official appointed under section 222, for any new or \n substantially changed program or technology that collects, \n maintains, or disseminates personally identifiable information \n within the official's component.\n ``(8) Assist in drafting and reviewing privacy impact \n assessments, privacy threshold assessments, and system of \n records notices in conjunction with and under the direction of \n the senior official appointed under section 222, for proposed \n rulemakings and regulations within the component.\n ``(9) Conduct supervision of programs, regulations, \n policies, procedures, or guidelines to ensure the component's \n protection of privacy and, as necessary, promulgate guidelines \n and conduct oversight to ensure the protection of privacy.\n ``(10) Implement and monitor privacy training for component \n employees and contractors in coordination with the senior \n official appointed under section 222.\n ``(11) Provide the senior official appointed under section \n 222 with written materials and information regarding the \n relevant activities of the component, including privacy \n violations and abuse, that are needed by the senior official to \n successfully prepare the reports the senior official submits to \n Congress and prepares on behalf of the Department.\n ``(12) Any other responsibilities assigned by the Secretary \n or the senior official appointed under section 222.\n ``(c) Role of Component Heads.--The head of a component identified \nin subsection (a)(2) shall ensure that the privacy official designated \nunder subsection (a) for that component--\n ``(1) has the information, material, and resources \n necessary to fulfill the responsibilities of such official \n under this section;\n ``(2) is advised of proposed policy changes and the \n development of new programs, rules, regulations, procedures, or \n guidelines during the planning stage and is included in the \n decision-making process; and\n ``(3) is given access to material and personnel the privacy \n official deems necessary to carry out the official's \n responsibilities.\n ``(d) Limitation.--Nothing in this section shall be considered to \nabrogate the role and responsibilities of the senior official appointed \nunder section 222.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by inserting after the item related to section 222 \nthe following new item:\n\n``Sec. 222A. Privacy officials.''.\n\n Passed the House of Representatives July 30, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA), (2) the Bureau of Citizenship and Immigration Services (CIS), (3) Customs and Border Protection (CBP), (4) Immigration and Customs Enforcement (ICE), (5) the Federal Emergency Management Agency (FEMA), (6) the Coast Guard, (7) the Directorate of Science and Technology, (8) the Office of Intelligence and Analysis. And (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer. Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives. (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented. (3) assuring that the use of technologies sustains or enhances privacy protections, (4) identifying privacy issues related to component programs. (5) monitoring the component's compliance with all applicable federal privacy laws and regulations. (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices. (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer. And (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS. Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities. (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages, and (3) is included in decision-making.","title":"To amend the Homeland Security Act of 2002 to provide for a privacy official within each component of the Department of Homeland Security, and for other purposes.","text_len":6665,"sum_len":2458} {"bill_id":"109_s3536","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Intelligence Oversight Act''.\n\nSEC. 2. INTELLIGENCE ON IRAN.\n\n (a) Submittal to Congress of Updated National Intelligence Estimate \non Iran.--\n (1) Submittal required.--As soon as is practicable, but not \n later than 90 days after the date of the enactment of this Act, \n the Director of National Intelligence shall submit to Congress \n an updated National Intelligence Estimate on Iran.\n (2) Notice regarding submittal.--If the Director determines \n that the National Intelligence Estimate required by paragraph \n (1) cannot be submitted by the date specified in that \n paragraph, the Director shall submit to Congress a report \n setting forth--\n (A) the reasons why the National Intelligence \n Estimate cannot be submitted by such date; and\n (B) an estimated date for the submittal of the \n National Intelligence Estimate.\n (3) Form.--The National Intelligence Estimate under \n paragraph (1) shall be submitted in classified form. Consistent \n with the protection of intelligence sources and methods, an \n unclassified summary of the key judgments of the National \n Intelligence Estimate should be submitted.\n (4) Elements.--The National Intelligence Estimate submitted \n under paragraph (1) shall address the following:\n (A) The foreign policy and regime objectives of \n Iran.\n (B) The current status of the nuclear programs of \n Iran, including--\n (i) an assessment of the current and \n projected capabilities of Iran to design a \n nuclear weapon, to produce plutonium, enriched \n uranium, and other weapons materials, to build \n a nuclear weapon, and to deploy a nuclear \n weapon; and\n (ii) an assessment of the intentions of \n Iran regarding possible development of nuclear \n weapons, the motivations underlying such \n intentions, and the factors that might \n influence changes in such intentions.\n (C) The military and defense capabilities of Iran, \n including any non-nuclear weapons of mass destruction \n programs and related delivery systems.\n (D) The relationship of Iran with terrorist \n organizations, the use by Iran of terrorist \n organizations in furtherance of its foreign policy \n objectives, and the factors that might cause Iran to \n reduce or end such relationships.\n (E) The prospects for support from the \n international community for various potential courses \n of action with respect to Iran, including diplomacy, \n sanctions, and military action.\n (F) The anticipated reaction of Iran to the courses \n of action set forth under subparagraph (E), including \n an identification of the course or courses of action \n most likely to successfully influence Iran in \n terminating or moderating its policies of concern.\n (G) The level of popular and elite support within \n Iran for the Iran regime, and for its civil nuclear \n program, nuclear weapons ambitions, and other policies, \n and the prospects for reform and political change \n within Iran.\n (H) The views among the populace and elites of Iran \n with respect to the United States, including views on \n direct discussions with or normalization of relations \n with the United States.\n (I) The views among the populace and elites of Iran \n with respect to other key countries involved in nuclear \n diplomacy with Iran.\n (J) The likely effects and consequences of any \n military action against the nuclear programs or other \n regime interests of Iran.\n (K) The confidence level of key judgments in the \n National Intelligence Estimate, the quality of the \n sources of intelligence on Iran, the nature and scope \n of any gaps in intelligence on Iran, and any \n significant alternative views on the matters contained \n in the National Intelligence Estimate.\n (b) Presidential Report on Policy Objectives and United States \nStrategy Regarding Iran.--\n (1) Report required.--As soon as is practicable, but not \n later than 90 days after the date of the enactment of this Act, \n the President shall submit to Congress a report on the \n following:\n (A) The objectives of United States policy on Iran.\n (B) The strategy for achieving such objectives.\n (2) Form.--The report under paragraph (1) shall be \n submitted in unclassified form with a classified annex, as \n appropriate.\n (3) Elements.--The report submitted under paragraph (1) \n shall--\n (A) address the role of diplomacy, incentives, \n sanctions, other punitive measures and incentives, and \n other programs and activities relating to Iran for \n which funds are provided by Congress; and\n (B) summarize United States contingency planning \n regarding the range of possible United States military \n actions in support of United States policy objectives \n with respect to Iran.\n (c) Director of National Intelligence Report on Process for Vetting \nand Clearing Administration Officials' Statements Drawn From \nIntelligence.--\n (1) Report required.--As soon as is practicable, but not \n later than 90 days after the date of the enactment of this Act, \n the Director of National Intelligence shall submit to Congress \n a report on the process for vetting and clearing statements of \n Administration officials that are drawn from or rely upon \n intelligence.\n (2) Elements.--The report shall--\n (A) describe current policies and practices of the \n Office of the Director of National Intelligence and the \n intelligence community for--\n (i) vetting and clearing statements of \n senior Administration officials that are drawn \n from or rely upon intelligence; and\n (ii) how significant misstatements of \n intelligence that may occur in public \n statements of senior public officials are \n identified, brought to the attention of any \n such officials, and corrected;\n (B) assess the sufficiency and adequacy of such \n policies and practices; and\n (C) include any recommendations that the Director \n considers appropriate to improve such policies and \n practices.","summary":"Iran Intelligence Oversight Act - Requires the Director of National Intelligence, within 90 days after the enactment of this Act, to submit to Congress an updated National Intelligence Estimate on Iran. Directs, within the same time frame: (1) the President to report on the objectives of US policy on Iran, as well as the strategy for achieving such objectives. And (2) the Director to report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence.","title":"A bill to ensure oversight of intelligence on Iran, and for other purposes.","text_len":7606,"sum_len":519} {"bill_id":"105_hr2605","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Communist China Subsidy Reduction \nAct of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the People's Republic of China has enjoyed ready access \n to international capital through commercial loans, direct \n investment, sales of securities, bond sales, and foreign aid;\n (2) regarding international commercial lending, the \n People's Republic of China had $48,000,000,000 in loans \n outstanding from private creditors in 1995;\n (3) regarding international direct investment, \n international direct investment in the People's Republic of \n China from 1993 through 1995 totaled $97,151,000,000, and in \n 1996 alone totaled $47,000,000,000;\n (4) regarding investment in Chinese securities, the \n aggregate value of outstanding Chinese securities currently \n held by Chinese nationals and foreign persons is \n $175,000,000,000, and from 1993 through 1995 foreign persons \n invested $10,540,000,000 in Chinese stocks;\n (5) regarding investment in Chinese bonds, entities \n controlled by the Government of the People's Republic of China \n have issued 75 bonds since 1988, including 36 dollar-\n denominated bond offerings valued at more than $6,700,000,000, \n and the total value of long-term Chinese bonds outstanding as \n of January 1, 1996, was $11,709,000,000;\n (6) regarding international assistance, the People's \n Republic of China received almost $1,000,000,000 in foreign aid \n grants and an additional $1,566,000,000 in technical assistance \n grants from 1993 through 1995, and in 1995 received \n $5,540,000,000 in bilateral assistance loans, including \n concessional aid, export credits, and related assistance; and\n (7) regarding international financial institutions--\n (A) despite the People's Republic of China's access \n to international capital and world financial markets, \n international financial institutions have annually \n provided it with more than $4,000,000,000 in loans in \n recent years, amounting to almost a third of the loan \n commitments of the Asian Development Bank and 17.1 \n percent of the loan approvals by the International Bank \n for Reconstruction and Development in 1995; and\n (B) the People's Republic of China borrows more \n from the International Bank for Reconstruction and \n Development and the Asian Development Bank than any \n other country, and loan commitments from those \n institutions to the People's Republic of China \n quadrupled from $1,100,000,000 in 1985 to \n $4,300,000,000 by 1995.\n\nSEC. 3. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE \n PEOPLE'S REPUBLIC OF CHINA.\n\n Title XV of the International Financial Institutions Act (22 U.S.C. \n262o-262o-1) is amended by adding at the end the following:\n\n``SEC. 1503. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE \n PEOPLE'S REPUBLIC OF CHINA.\n\n ``(a) In General.--The Secretary of the Treasury shall instruct the \nUnited States Executive Directors at each international financial \ninstitution (as defined in section 1702(c)(2) of the International \nFinancial Institutions Act) to use the voice and vote of the United \nStates to oppose the provision by the institution of concessional loans \nto the People's Republic of China, any citizen or national of the \nPeople's Republic of China, or any entity established in the People's \nRepublic of China.\n ``(b) Concessional Loans Defined.--As used in subsection (a), the \nterm `concessional loans' means loans with highly subsidized interest \nrates, grace periods for repayment of 5 years or more, and maturities \nof 20 years or more.''.\n\nSEC. 4. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES \n NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN \n THE PEOPLE'S REPUBLIC OF CHINA.\n\n (a) Purpose.--It is the purpose of this section to create \nprinciples governing the conduct of industrial cooperation projects of \nUnited States nationals in the People's Republic of China.\n (b) Statement of Principles.--It is the sense of the Congress that \nany United States national conducting an industrial cooperation project \nin the People's Republic of China should:\n (1) Suspend the use of any goods, wares, articles, or \n merchandise that the United States national has reason to \n believe were mined, produced, or manufactured, in whole or in \n part, by convict labor or forced labor, and refuse to use \n forced labor in the industrial cooperation project.\n (2) Seek to ensure that political or religious views, sex, \n ethnic or national background, involvement in political \n activities or nonviolent demonstrations, or association with \n suspected or known dissidents will not prohibit hiring, lead to \n harassment, demotion, or dismissal, or in any way affect the \n status or terms of employment in the industrial cooperation \n project. The United States national should not discriminate in \n terms or conditions of employment in the industrial cooperation \n project against persons with past records of arrest or internal \n exile for nonviolent protest or membership in unofficial \n organizations committed to nonviolence.\n (3) Ensure that methods of production used in the \n industrial cooperation project do not pose an unnecessary \n physical danger to workers and neighboring populations or \n property, and that the industrial cooperation project does not \n unnecessarily risk harm to the surrounding environment; and \n consult with community leaders regarding environmental \n protection with respect to the industrial cooperation project.\n (4) Strive to establish a private business enterprise when \n involved in an industrial cooperation project with the \n Government of the People's Republic of China or other state \n entity.\n (5) Discourage any Chinese military presence on the \n premises of any industrial cooperation projects which involve \n dual-use technologies.\n (6) Undertake to promote freedom of association and \n assembly among the employees of the United States national. The \n United States national should protest any infringement by the \n Government of the People's Republic of China of these freedoms \n to the International Labor Organization's office in Beijing.\n (7) Provide the Department of State with information \n relevant to the Department's efforts to collect information on \n prisoners for the purposes of the Prisoner Information \n Registry, and for other reporting purposes.\n (8) Discourage or undertake to prevent compulsory political \n indoctrination programs from taking place on the premises of \n the industrial cooperation project.\n (9) Promote freedom of expression, including the freedom to \n seek, receive, and impart information and ideas of all kinds, \n regardless of frontiers, either orally, in writing or in print, \n in the form of art, or through any media. To this end, the \n United States national should raise with appropriate \n authorities of the Government of the People's Republic of China \n concerns about restrictions on the free flow of information.\n (10) Undertake to prevent harassment of workers who, \n consistent with the United Nations World Population Plan of \n Action, decide freely and responsibly the number and spacing of \n their children; and prohibit compulsory population control \n activities on the premises of the industrial cooperation \n project.\n (c) Promotion of Principles by Other Nations.--The Secretary of \nState shall forward a copy of the principles set forth in subsection \n(b) to the member nations of the Organization for Economic Cooperation \nand Development and encourage them to promote principles similar to \nthese principles.\n (d) Registration Requirement.--\n (1) In general.--Each United States national conducting an \n industrial cooperation project in the People's Republic of \n China shall register with the Secretary of State and indicate \n that the United States national agrees to implement the \n principles set forth in subsection (b). No fee shall be \n required for registration under this subsection.\n (2) Preference for participation in trade missions.--The \n Secretary of Commerce shall consult the register prior to the \n selection of private sector participants in any form of trade \n mission to China, and undertake to involve those United States \n nationals that have registered their adoption of the principles \n set forth above.\n (e) Definitions.--As used in this section--\n (1) the term ``industrial cooperation project'' refers to a \n for-profit activity the business operations of which employ \n more than 25 individuals or have assets greater than $25,000; \n and\n (2) the term ``United States national'' means--\n (A) a citizen or national of the United States or a \n permanent resident of the United States; and\n (B) a corporation, partnership, or other business \n association organized under the laws of the United \n States, any State or territory thereof, the District of \n Columbia, the Commonwealth of Puerto Rico, or the \n Commonwealth of the Northern Mariana Islands.\n\nSEC. 5. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL, \n MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES \n BETWEEN THE UNITED STATES AND CHINA.\n\n (a) Exchanges Between the United States and China.--Agencies of the \nUnited States Government which engage in educational, cultural, \nscientific, agricultural, military, legal, political, and artistic \nexchanges shall endeavor to initiate or expand such exchange programs \nwith regard to China.\n (b) Sense of Congress.--It is the sense of the Congress that a \nfederally chartered not-for-profit organization should be established \nto fund exchanges between the United States and China through private \ndonations.\n\n Passed the House of Representatives November 6, 1997.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Communist China Subsidy Reduction Act of 1997 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the US Executive Directors at each international financial institution to vote to oppose the provision of concessional loans to China, any Chinese citizen or national, or any Chinese entity. Expresses the sense of the Congress that US nationals conducting industrial cooperation projects in China should adhere to certain principles, including: (1) suspending the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refusing to use forced labor in their projects. (2) seeking to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or otherwise affect the employment status of an individual employed in the industrial cooperation project. (3) ensuring that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment. (4) striving to establish private business enterprises when involved in a project with the Government of China. (5) discouraging any military presence on the premises of the project, (6) promoting freedom of association and assembly among employees. (7) providing the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry. (8) discouraging or preventing compulsory political indoctrination programs from taking place on project premises, (9) promoting freedom of expression of all kinds. And (10) preventing harassment of workers who decide freely the number and spacing of their children, and prohibiting compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each US national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Directs the Secretary of Commerce to give preference to US nationals who have adopted such principles when selecting participants for trade missions to China. Directs US agencies that engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges to initiate and expand such exchange programs with regard to China. Expresses the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations.","title":"Communist China Subsidy Reduction Act of 1997","text_len":11075,"sum_len":2822} {"bill_id":"105_hr4744","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Postresearch Chimpanzee Care Act''.\n\nSEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED \n OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH.\n\n Subpart 1 of part E of title IV of the Public Health Service Act \n(42 U.S.C. 287 et seq.) is amended by inserting after section 481B the \nfollowing section:\n\n ``sanctuary system for surplus chimpanzees\n\n ``Sec. 481C. (a) In General.--The Secretary shall provide for the \nestablishment and operation in accordance with this section of a system \nto provide for the lifetime care of chimpanzees that have been used, or \nwere bred or purchased for use, in research conducted or supported by \nthe National Institutes of Health, the Food and Drug Administration, or \nother agencies of the Federal Government, and with respect to which it \nhas been determined by the Secretary that the chimpanzees are not \nneeded for such research (in this section referred to as `surplus \nchimpanzees').\n ``(b) Administration of Sanctuary System.--The Secretary shall \ncarry out this section, including the establishment of regulations \nunder subsection (d), in consultation with the board of directors of \nthe nonprofit private entity that receives the contract under \nsubsection (e) (relating to the operation of the sanctuary system).\n ``(c) Acceptance of Chimpanzees into System.--All surplus \nchimpanzees owned by the Federal Government shall be accepted into the \nsanctuary system. Subject to standards under subsection (d)(3), any \nsurplus chimpanzee that is not owned by the Federal Government shall be \naccepted into the system if the owner transfers to the Federal \nGovernment title to the chimpanzee.\n ``(d) Standards for Permanent Retirement of Surplus Chimpanzees.--\n ``(1) In general.--The Secretary shall by regulation \n establish standards for operating the sanctuary system to \n provide for the permanent retirement of surplus chimpanzees. In \n establishing the standards, the Secretary shall consider the \n recommendations of the National Research Council applicable to \n surplus chimpanzees that are made in the report published in \n 1997 and entitled `Chimpanzees in Research--Strategies for \n Their Ethical Care, Management, and Use'.\n ``(2) Chimpanzees accepted into system.--With respect to \n chimpanzees that are accepted into the sanctuary system, \n standards under paragraph (1) shall include the following:\n ``(A) A prohibition that the chimpanzees may not be \n used for research. This subparagraph does not prohibit \n noninvasive behavioral studies of the chimpanzees, or \n medical studies conducted during the course of normal \n veterinary care that is provided for the benefit of the \n chimpanzees.\n ``(B) Provisions regarding the housing of the \n chimpanzees.\n ``(C) Provisions regarding the behavioral well-\n being of the chimpanzees.\n ``(D) A requirement that the chimpanzees be cared \n for in accordance with the Animal Welfare Act.\n ``(E) A requirement that the chimpanzees be \n prevented from breeding.\n ``(F) A requirement that complete histories be \n maintained on the health and use in research of the \n chimpanzees.\n ``(G) A requirement that the chimpanzees be \n monitored for the purpose of promptly detecting the \n presence in the chimpanzees of any condition that may \n be a threat to the public health.\n ``(H) A requirement that chimpanzees posing such a \n threat be contained in accordance with applicable \n recommendations of the Director of the Centers for \n Disease Control and Prevention.\n ``(I) A prohibition that the chimpanzees may not be \n discharged from the system.\n ``(J) A provision that the Secretary may, in the \n discretion of the Secretary, accept into the system \n chimpanzees that are not surplus chimpanzees.\n ``(K) Such additional standards as the Secretary \n determines to be appropriate.\n ``(3) Non-federal chimpanzees offered for acceptance into \n system.--With respect to a surplus chimpanzee that is not owned \n by the Federal Government and is offered for acceptance into \n the sanctuary system, standards under paragraph (1) shall \n include the following:\n ``(A) A provision that the Secretary may authorize \n the imposition of a fee for accepting such chimpanzee \n into the system, except as follows:\n ``(i) Such a fee may not be imposed for \n accepting the chimpanzee if, on the day before \n the date of the enactment of the Postresearch \n Chimpanzee Care Act, the chimpanzee was owned \n by the nonprofit private entity that receives \n the contract under subsection (e).\n ``(ii) Such a fee may not be imposed for \n accepting the chimpanzee if the chimpanzee is \n owned by an entity that operates a primate \n center, and if the chimpanzee is housed in the \n primate center pursuant to the program for \n regional centers for research on primates that \n is carried out by the National Center for \n Research Resources.\n Any fees collected under this subparagraph are \n available to the Secretary for the costs of operating \n the system. Any other fees received by the Secretary \n for the long-term care of chimpanzees (including any \n Federal fees that are collected for such purpose and \n are identified in the report under section 3 of the \n Postresearch Chimpanzee Care Act) are available for \n operating the system, in addition to availability for \n such other purposes as may be authorized for the use of \n the fees.\n ``(B) A provision that the Secretary may deny such \n chimpanzee acceptance into the system if the capacity \n of the system is not sufficient to accept the \n chimpanzee, taking into account the physical capacity \n of the system; the financial resources of the system; \n the number of individuals serving as the staff of the \n system, including the number of professional staff; the \n necessity of providing for the safety of the staff and \n of the public; the necessity of caring for accepted \n chimpanzees in accordance with the standards under \n paragraph (1); and such other factors as may be \n appropriate.\n ``(C) A provision that the Secretary may deny such \n chimpanzee acceptance into the system if a complete \n history of the health and use in research of the \n chimpanzee is not available to the Secretary.\n ``(D) Such additional standards as the Secretary \n determines to be appropriate.\n ``(e) Award of Contract for Operation of System.--\n ``(1) In general.--Subject to the availability of funds \n pursuant to subsection (g), the Secretary shall make an award \n of a contract to a nonprofit private entity under which the \n entity has the responsibility of operating (and establishing, \n as applicable) the sanctuary system.\n ``(2) Requirements.--The Secretary may make an award under \n paragraph (1) to a nonprofit private entity only if the entity \n meets the following requirements:\n ``(A) The entity has a governing board of directors \n that is composed and appointed in accordance with \n paragraph (3) and is satisfactory to the Secretary.\n ``(B) The terms of service for members of such \n board are in accordance with paragraph (3).\n ``(C) The members of the board serve without \n compensation. The members may be reimbursed for travel, \n subsistence, and other necessary expenses incurred in \n carrying out the duties of the board.\n ``(D) The entity has an executive director meeting \n such requirements as the Secretary determines to be \n appropriate.\n ``(E) The entity makes the agreement described in \n paragraph (4) (relating to non-Federal contributions).\n ``(F) The entity agrees to comply with standards \n under subsection (d).\n ``(G) Such other requirements as the Secretary \n determines to be appropriate.\n ``(3) Board of directors.--For purposes of subparagraphs \n (A) and (B) of paragraph (2):\n ``(A) The governing board of directors of the \n nonprofit private entity involved is composed and \n appointed in accordance with this paragraph if the \n following conditions are met:\n ``(i) Such board is composed of not more \n than 15 voting members.\n ``(ii) Such members include individuals \n with expertise and experience in the science of \n managing captive chimpanzees (including primate \n veterinary care), appointed from among \n individuals endorsed by organizations that \n represent individuals in such field.\n ``(iii) Such members include individuals \n with expertise and experience in the field of \n animal protection, appointed from among \n individuals endorsed by organizations that \n represent individuals in such field.\n ``(iv) Such members include individuals \n with expertise and experience in the zoological \n field (including behavioral primatology), \n appointed from among individuals endorsed by \n organizations that represent individuals in \n such field.\n ``(v) Such members include individuals with \n expertise and experience in the field of the \n business and management of nonprofit \n organizations, appointed from among individuals \n endorsed by organizations that represent \n individuals in such field.\n ``(vi) Such members include representatives \n from entities that provide accreditation in the \n field of laboratory animal medicine.\n ``(vii) Such members include individuals \n with expertise and experience in the field of \n containing biohazards.\n ``(viii) Such members include an additional \n member who serves as the chair of the board, \n appointed from among individuals who have been \n endorsed for purposes of clause (ii), (iii), \n (iv), or (v).\n ``(ix) None of the members of the board has \n been fined for a violation of the Animal \n Welfare Act.\n ``(B) The terms of service for members of the board \n of directors are in accordance with this paragraph if \n the following conditions are met:\n ``(i) The term of the chair of the board is \n three years.\n ``(ii) The initial members of the board \n select, by a random method, one member from \n each of the four fields specified in \n subparagraph (A) to serve a term of two years \n and (in addition to the chair) one member from \n each of such fields to serve a term of three \n years.\n ``(iii) After the initial terms under \n clause (ii) expire, each member of the board \n (other than the chair) is appointed to serve a \n term of two years.\n ``(iv) An individual whose term of service \n expires may be reappointed to the board.\n ``(v) A vacancy in the membership of the \n board is filled in the manner in which the \n original appointment was made.\n ``(vi) If a member of the board does not \n serve the full term applicable to the member, \n the individual appointed to fill the resulting \n vacancy is appointed for the remainder of the \n term of the predecessor member.\n ``(4) Requirement of matching funds.--The agreement \n required in paragraph (2)(E) for a nonprofit private entity \n (relating to the award of the contract under paragraph (1)) is \n an agreement that, with respect to the costs to be incurred by \n the entity in establishing and operating the sanctuary system, \n the entity will make available (directly or through donations \n from public or private entities) non-Federal contributions \n toward such costs, in cash or in kind, in an amount not less \n than the following, as applicable:\n ``(A) For expenses associated with establishing the \n sanctuary system (as determined by the Secretary), 10 \n percent of such costs ($1 for each $9 of Federal funds \n provided under the contract under paragraph (1)).\n ``(B) For expenses associated with operating the \n sanctuary system (as determined by the Secretary), 50 \n percent of such costs ($1 for each $1 of Federal funds \n provided under such contract).\n ``(5) Establishment of contract entity.--If the Secretary \n determines that an entity meeting the requirements of paragraph \n (2) does not exist, the Secretary may for purposes of paragraph \n (1) make a grant for the establishment of such an entity, \n including paying the cost of incorporating the entity under the \n law of one of the States.\n ``(f) Definitions.--For purposes of this section:\n ``(1) The term `permanent retirement', with respect to a \n surplus chimpanzee, means that the chimpanzee has been accepted \n into the sanctuary system, that under subsection (a) the system \n provides for the lifetime care of the chimpanzee, that under \n subsection (d)(2) the system does not permit the chimpanzee to \n be used in research, that under such subsection the system will \n not discharge the chimpanzee from the system, and that under \n such subsection the system otherwise cares for the chimpanzee.\n ``(2) The term `sanctuary system' means the system \n described in subsection (a).\n ``(3) The term `surplus chimpanzees' has the meaning \n indicated for such term in subsection (a).\n ``(g) Funding.--\n ``(1) In general.--Of the amount appropriated under this \n Act for fiscal year 2000 and each subsequent fiscal year, the \n Secretary, subject to paragraph (2), shall reserve a portion \n for purposes of the operation (and establishment, as \n applicable) of the sanctuary system, except that the Secretary \n may not for such purposes reserve any further funds from such \n amount after the aggregate total of the funds so reserved for \n such fiscal years reaches $15,000,000. The purposes for which \n funds reserved under the preceding sentence may be expended \n include the construction and renovation of facilities for the \n sanctuary system, subject to section 496(b).\n ``(2) Limitation.--Funds may not be reserved for a fiscal \n year under paragraph (1) unless the amount appropriated under \n this Act for such year equals or exceeds the amount \n appropriated under this Act for fiscal year 1998.''.\n\nSEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING \n FOR CARE OF CHIMPANZEES.\n\n With respect to chimpanzees that have been used, or were bred or \npurchased for use, in research conducted or supported by the National \nInstitutes of Health, the Food and Drug Administration, or other \nagencies of the Federal Government, the Secretary of Health and Human \nServices shall, not later than 120 days after the date of the enactment \nof this Act, submit to the Congress a report providing the following \ninformation:\n (1) The number of such chimpanzees in the United States, \n whether owned or held by the Federal Government, any of the \n States, or private entities.\n (2) An identification of any requirement imposed by the \n Federal Government that, as a condition of the use of such a \n chimpanzee in research by a non-Federal entity--\n (A) fees be paid by the entity to the Federal \n Government for the purpose of providing for the care of \n the chimpanzee (including any fees for long-term care); \n or\n (B) funds be provided by the entity to a State, \n unit of local government, or private entity for an \n endowment or other financial account whose purpose is \n to provide for the care of the chimpanzee (including \n any funds provided for long-term care).\n (3) An accounting for fiscal years 1997 and 1998 of all \n fees paid and funds provided by non-Federal entities pursuant \n to requirements described in subparagraphs (A) and (B) of \n paragraph (2).\n (4) In the case of such fees, a specification of whether \n the fees were available to the Secretary (or other Federal \n officials) pursuant to annual appropriations Acts or pursuant \n to permanent appropriations.","summary":"Postresearch Chimpanzee Care Act - Amends title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to provide for the establishment and operation of a national sanctuary system for all surplus federally owned chimpanzees that are no longer needed in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other Federal agencies. Mandates that any surplus chimpanzee that is not owned by the Federal Government be accepted into the system if the owner transfers title to the chimpanzee to the Federal Government. Provides for standards for permanent retirement of surplus chimpanzees into the system. Requires such standards to authorize the Secretary to authorize imposition of a fee for accepting a non-Federal chimpanzee into the system. Outlines provisions for the awarding of contracts for operation of the system. Provides for funding.","title":"Postresearch Chimpanzee Care Act","text_len":19432,"sum_len":930} {"bill_id":"107_hr974","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Interest Checking Act \nof 2001''.\n\nSEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.\n\n (a) Repeal of Prohibition on Payment of Interest on Demand \nDeposits.--\n (1) Federal reserve act.--Section 19(i) of the Federal \n Reserve Act (12 U.S.C. 371a) is amended to read as follows:\n ``(i) [Repealed]''.\n (2) Home owners' loan act.--The first sentence of section \n 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. \n 1464(b)(1)(B)) is amended by striking ``savings association may \n not--'' and all that follows through ``(ii) permit any'' and \n inserting ``savings association may not permit any''.\n (3) Federal deposit insurance act.--Section 18(g) of the \n Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to \n read as follows:\n ``(g) [Repealed]''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect at the end of the 2-year period beginning on the date of \nthe enactment of this Act.\n\nSEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL \n BUSINESSES.\n\n Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--\n (1) in subsection (a), by adding at the end the following \n new paragraph:\n ``(3) Exception from paragraph (2) limitation.--Paragraph \n (2) shall not apply to any depository institution which is \n prohibited by the applicable law of its chartering State from \n offering demand deposits and either--\n ``(A) does not engage in any lending activities; or\n ``(B) is not an affiliate of any company or \n companies with assets that, in the aggregate, represent \n more than 10 percent of the total assets of the \n depository institution.'';\n (2) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (3) by inserting after subsection (a) the following:\n ``(b) Notwithstanding any other provision of law, any depository \ninstitution may permit the owner of any deposit or account which is a \ndeposit or account on which interest or dividends are paid and is not a \ndeposit or account described in subsection (a)(2) to make up to 24 \ntransfers per month (or such greater number as the Board may determine \nby rule or order), for any purpose, to another account of the owner in \nthe same institution. Nothing in this subsection shall be construed to \nprevent an account offered pursuant to this subsection from being \nconsidered a transaction account (as defined in section 19(b) of the \nFederal Reserve Act for purposes of such Act).''.\n\nSEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In General.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a depository \n institution may receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate or rates not to exceed the general \n level of short-term interest rates.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(B), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions.''.\n (b) Authorization for Pass Through Reserves for Member Banks.--\nSection 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) \nis amended by striking ``which is not a member bank''.\n (c) Survey of Bank Fees and Services.--Section 19 of the Federal \nReserve Act (as amended by subsections (a) and (b) of this section) is \namended by adding at the end the following new subsection:\n ``(n) Survey of Bank Fees and Services.--\n ``(1) Annual survey required.--The Board shall obtain \n annually a sample, which is representative by type and size of \n the institution and geographic location, of the following \n retail banking services and products provided by insured \n depository institutions and insured credit unions (along with \n related fees and minimum balances):\n ``(A) Checking and other transaction accounts.\n ``(B) Negotiable order of withdrawal and savings \n accounts.\n ``(C) Automated teller machine transactions.\n ``(D) Other electronic transactions.\n ``(E) Credit Cards.\n ``(2) Minimum survey requirement.--The annual survey \n described in paragraph (1) shall meet the following minimum \n requirements:\n ``(A) Checking and other transaction accounts.--\n Data on checking and transaction accounts shall \n include, at a minimum, the following:\n ``(i) Monthly and annual fees and minimum \n balances to avoid such fees.\n ``(ii) Minimum opening balances.\n ``(iii) Check processing fees.\n ``(iv) Check printing fees.\n ``(v) Balance inquiry fees.\n ``(vi) Fees imposed for using a teller or \n other institution employee.\n ``(vii) Stop payment order fees.\n ``(viii) Nonsufficient fund fees.\n ``(ix) Overdraft fees.\n ``(x) Deposit items returned fees.\n ``(xi) Availability of no-cost or low-cost \n accounts for consumers who maintain low \n balances.\n ``(B) Negotiable order of withdrawal accounts and \n savings accounts.--Data on negotiable order of \n withdrawal accounts and savings accounts shall include, \n at a minimum, the following:\n ``(i) Monthly and annual fees and minimum \n balances to avoid such fees.\n ``(ii) Minimum opening balances.\n ``(iii) Rate at which interest is paid to \n consumers.\n ``(iv) Check processing fees for negotiable \n order of withdrawal accounts.\n ``(v) Check printing fees for negotiable \n order of withdrawal accounts.\n ``(vi) Balance inquiry fees.\n ``(vii) Fees imposed for using a teller or \n other institution employee.\n ``(viii) Stop payment order fees for \n negotiable order of withdrawal accounts.\n ``(ix) Nonsufficient fund fees for \n negotiable order of withdrawal accounts.\n ``(x) Overdraft fees for negotiable order \n of withdrawal accounts.\n ``(xi) Deposit items returned fees.\n ``(xii) Availability of no-cost or low-cost \n accounts for consumers who maintain low \n balances.\n ``(C) Automated teller transactions.--Data on \n automated teller machine transactions shall include, at \n a minimum, the following:\n ``(i) Annual and monthly fees.\n ``(ii) Card fees.\n ``(iii) Fees charged to customers for \n withdrawals, deposits, transfers between \n accounts, balance inquiries through \n institution-owned machines.\n ``(iv) Fees charged to customers for \n withdrawals, deposits, transfers between \n accounts, balance inquiries through machines \n owned by others.\n ``(v) Fees charged to noncustomers for \n withdrawals, deposits, transfers between \n accounts, balance inquiries through \n institution-owned machines.\n ``(vi) Point-of-sale transaction fees.\n ``(vii) Surcharges.\n ``(D) Other electronic transactions.--Data on other \n electronic transactions shall include, at a minimum, \n the following:\n ``(i) Wire transfer fees.\n ``(ii) Fees related to payments made over \n the Internet or through other electronic means.\n ``(E) Credit card charges and fees.--Data related \n to credit cards shall include, at a minimum, the \n following:\n ``(i) Application fees.\n ``(ii) Annual and monthly fees.\n ``(iii) Rates of interest charged for \n purchases and cash advances, when an account is \n not in default.\n ``(iv) Rates of interest charged for \n purchases and cash advances, when an account is \n in default.\n ``(v) Average annual finance charges paid \n by customers.\n ``(vi) Late payment fees.\n ``(vii) Cash advance and convenience check \n fees.\n ``(viii) Balance transfer fees.\n ``(ix) Over-the-credit-limit fees.\n ``(x) Foreign currency conversion fees.\n ``(F) Other fees and charges.--Data on any other \n fees and charges that the Board determines to be \n appropriate to meet the purposes of this section.\n ``(3) Annual Report to Congress Required.--\n ``(A) Preparation.--The Board shall prepare a \n report of the results of each survey conducted pursuant \n to paragraph (1) and (2).\n ``(B) Contents of the report.--In addition to the \n data required to be collected pursuant to paragraphs \n (1) and (2), each report prepared pursuant to \n subparagraph (A) shall include a description of any \n discernible trend, in the Nation as a whole, in each of \n the 50 States, and in each metropolitan statistical \n area (as defined by the Director of the Office of \n Management and Budget), in the cost and availability of \n the retail banking services, including those described \n in paragraphs (1) and (2) (including related fees and \n minimum balances), that delineates differences between \n institutions on the basis of the type of institution, \n the size of the institution and any engagement of the \n institution in multistate activity.\n ``(C) Submission to congress.--The Board shall \n submit an annual report to the Congress under this \n paragraph not later than June 1, 2002, and not later \n than June 1 of each subsequent year.\n ``(4) Definitions.--For purposes of this subsection, the \n terms `insured depository institution' and `insured credit \n union' mean any depository institution (as defined in \n subsection (b)(1)(A)) the deposits or shares in which are \n insured under the Federal Deposit Insurance Act or the Federal \n Credit Union Act.''.\n (d) Technical and Conforming Amendments.--Section 19 of the Federal \nReserve Act (12 U.S.C. 461) is amended--\n (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking \n subparagraph (C) and redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively; and\n (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by \n striking ``subsection (b)(4)(C)'' and inserting ``subsection \n (b)''.\n\nSEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE \n REQUIREMENTS.\n\n Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. \n461(b)(2)(A)) is amended--\n (1) in clause (i), by striking ``the ratio of 3 per \n centum'' and inserting ``a ratio not greater than 3 percent \n (and which may be zero)''; and\n (2) in clause (ii), by striking ``and not less than 8 per \n centum,'' and inserting ``(and which may be zero),''.\n\nSEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES.\n\n (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. \n289(b)) is amended by adding at the end the following new paragraph:\n ``(4) Additional transfers to cover interest payments for \n fiscal years 2002 through 2006.--\n ``(A) In general.--In addition to the amounts \n required to be transferred from the surplus funds of \n the Federal reserve banks pursuant to subsection \n (a)(3), the Federal reserve banks shall transfer from \n such surplus funds to the Board of Governors of the \n Federal Reserve System for transfer to the Secretary of \n the Treasury for deposit in the general fund of the \n Treasury, such sums as are necessary to equal the net \n cost of section 19(b)(12), as estimated by the Office \n of Management and Budget, in each of the fiscal years \n 2002 through 2006.\n ``(B) Allocation by federal reserve board.--Of the \n total amount required to be paid by the Federal reserve \n banks under subparagraph (A) for fiscal years 2002 \n through 2006, the Board of Governors of the Federal \n Reserve System shall determine the amount each such \n bank shall pay in such fiscal year.\n ``(C) Replenishment of surplus fund prohibited.--\n During fiscal years 2002 through 2006, no Federal \n reserve bank may replenish such bank's surplus fund by \n the amount of any transfer by such bank under \n subparagraph (A).''.\n (b) Technical and Conforming Amendment.--Section 7(a) of the \nFederal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end \nthe following new paragraph:\n ``(3) Payment to treasury.--During fiscal years 2002 \n through 2006, any amount in the surplus fund of any Federal \n reserve bank in excess of the amount equal to 3 percent of the \n paid-in capital and surplus of the member banks of such bank \n shall be transferred to the Secretary of the Treasury for \n deposit in the general fund of the Treasury.''.\n\nSEC. 7. RULE OF CONSTRUCTION.\n\n No provision of this Act, or any amendment made by this Act, shall \nbe construed as creating any presumption or implication that, in the \ncase of an escrow account maintained at a depository institution in \nconnection with a real estate transaction--\n (1) the absorption, by the depository institution, of \n expenses incidental to providing a normal banking function with \n respect to such escrow account;\n (2) the forbearance, by the depository institution, from \n charging a fee for providing any such banking function; and\n (3) any benefit which may accrue to the holder or the \n beneficiary of such escrow account as a result of an action of \n the depository institution described in paragraph (1) or (2),\nmay be treated as the payment or receipt of interest for purposes of \nany provision of Public Law 93-100, the Federal Reserve Act, the Home \nOwners' Loan Act, or the Federal Deposit Insurance Act relating to the \npayment of interest on accounts or deposits at depository institutions.\n\n Passed the House of Representatives April 3, 2001.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Small Business Interest Checking Act of 2001- Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against payment of interest on demand deposits. Authorizes certain depository institutions prohibited by State law from offering demand deposits to offer all owners of a interest- or dividend-paying deposit or account to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Requires that such an institution either: (1) not engage in lending activities. Or (2) not be an affiliate of a company or companies whose aggregate assets represent over ten percent of the institution's total assets. Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution. Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly to a depository institution on any balance it maintains at the reserve bank. Repeals a specified restriction in order to authorize pass-through reserves for member banks . Instructs the Board of Governors of the Federal Reserve System to obtain annually a prescribed survey of designated retail bank fees and services , and report the results annually to Congress. Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, for transaction accounts of $25 million or less. And (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006. Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period.","title":"To repeal the prohibition on the payment of interest on demand deposits, to increase the number of interaccount transfers which may be made from business accounts at depository institutions, to authorize the Board of Governors of the Federal Reserve System to pay interest on reserves, and for other purposes.","text_len":17794,"sum_len":2102} {"bill_id":"110_hr1732","text":"SECTION 1. ALTERNATIVE RETIRED PAY RATES FOR MEMBERS OF THE ARMED \n FORCES WITH A COMBAT-RELATED DISABILITY.\n\n (a) Alternative Retired Pay Base for Chapter 71 Retired Pay.--\nSection 1401 of title 10, United States Code, is amended by adding at \nthe end the following new subsection:\n ``(c) Alternative Retired Pay Base for Members With a Combat-\nRelated Disability.--(1) In the case of a member of the armed forces \nwith a combat-related disability who is entitled to monthly retired pay \ncomputed using a formula specified in subsection (a), the Secretary \nconcerned shall permit the member to elect to have used in that \nformula, in lieu of the retired pay base of the member computed under \nsection 1406(b) or 1407 of this title, a retired pay base equal to \n$2,917, which represents the average monthly salary for high school \ngraduates in the United States, as determined by the Census Bureau for \n2006.\n ``(2) The alternative retired pay base in effect under paragraph \n(1) for a calendar year shall be adjusted on December 1 of that year in \nthe manner provided by section 1401a(b) of this title for use during \nthe next calendar year.\n ``(3) In this subsection, the term `combat-related disability' \nmeans a disability that is compensable under the laws administered by \nthe Secretary of Veterans Affairs and that--\n ``(A) is attributable to an injury for which the member was \n awarded the Purple Heart; or\n ``(B) was incurred (as determined under criteria prescribed \n by the Secretary of Defense for purposes of section 1413a of \n this title) as a direct result of armed conflict.''.\n (b) Alternative Retired Pay Base for Retired Pay for Non-Regular \nService.--Section 12739 of such title is amended by adding at the end \nthe following new subsection:\n ``(e)(1) In the case of a member of the armed forces with a combat-\nrelated disability who is entitled to monthly retired pay computed \nunder subsection (a), the Secretary concerned shall permit the member \nto elect to have used in paragraph (1) of such subsection, in lieu of \nthe retired pay base of the member computed under section 1406(b) or \n1407 of this title, a retired pay base equal to $2,917, which \nrepresents the average monthly salary for high school graduates in the \nUnited States, as determined by the Census Bureau for 2006.\n ``(2) The alternative retired pay base in effect under paragraph \n(1) for a calendar year shall be adjusted on December 1 of that year in \nthe manner provided by section 1401a(b) of this title for use during \nthe next calendar year.\n ``(3) In this subsection, the term `combat-related disability' \nmeans a disability that is compensable under the laws administered by \nthe Secretary of Veterans Affairs and that--\n ``(A) is attributable to an injury for which the member was \n awarded the Purple Heart; or\n ``(B) was incurred (as determined under criteria prescribed \n by the Secretary of Defense for purposes of section 1413a of \n this title) as a direct result of armed conflict.''.\n (c) Application of Amendments.--The amendments made by subsections \n(a) and (b) shall apply with respect to members of the Armed Forces who \nretired or whose names were placed on the temporary disability retired \nlist after September 11, 2001, except that any recomputation of the \nretired pay for a member on account of such amendments who retired or \nwhose name was placed on the temporary disability retired list before \nthe date of the enactment of this Act shall be effective only for \nmonths beginning after the date of the enactment of this Act.\n\nSEC. 2. ALTERNATIVE WARTIME DISABILITY COMPENSATION RATES FOR CERTAIN \n VETERANS.\n\n (a) Alternative Compensation Base for Chapter 11 Wartime Disability \nCompensation.--Section 1114 of title 38, United States Code, is amended \nby adding at the end the following new subsection:\n ``(t)(1) In the case of a veteran--\n ``(A) having a covered service-connected disability \n rated as total, the Secretary shall permit the veteran \n to elect to receive, in lieu of the monthly \n compensation rate in effect under subsection (j), a \n monthly compensation equal to $2,917, which represents \n the average monthly salary for high school graduates in \n the United States, as determined by the Census Bureau \n for 2006; and\n ``(B) having a covered service-connected disability \n rated at a percentage other than total, the Secretary \n shall permit the veteran to elect to receive, in lieu \n of the monthly compensation rate in effect under \n subsections (a) through (i), as applicable, a monthly \n compensation equal to the amount that is the percentage \n of $2,917 that corresponds to the percentage of the \n service-connected disability rating of the veteran.\n ``(2) For purposes of this subsection, the term `covered service-\nconnected disability' means a service-connected disability that--\n ``(A) is attributable to an injury for which the veteran \n was awarded the Purple Heart; or\n ``(B) was incurred (as determined under criteria prescribed \n by the Secretary of Defense for purposes of section 1413a of \n title 10) as a direct result of armed conflict.''.\n (b) Application of Amendment.--The amendment made by subsection (a) \nshall apply with respect to veterans who became eligible to receive \ncompensation under section 1110 of title 38, United States Code, after \nSeptember 11, 2001, except that any recomputation of disability \ncompensation for a veteran on account of such an amendment who so \nbecame eligible before the date of the enactment of this Act shall be \neffective only for months beginning after the date of the enactment of \nthis Act.","summary":"Directs the Secretary of the military department concerned, in the case of a regular or reserve member of the Armed Forces with a combat-related disability who is entitled to monthly retired pay, to permit such member to elect an alternative retired pay rate based on $2,917, the average monthly salary for high school graduates in the United States. Directs the Secretary of Veterans Affairs, with respect to veterans with service-connected disabilities, to permit such veterans to elect to receive a monthly compensation of $2,917 or a percentage of such amount .","title":"To provide alternative retired pay rates under title 10, United States Code, and alternative disability compensation rates under title 38, United States Code, for members of the Armed Forces with a combat-related disability, with such rates based on the average monthly salary for high school graduates in the United States, and for other purposes.","text_len":6037,"sum_len":565} {"bill_id":"110_s2677","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting Education for Returning \nVeterans Act of 2008''.\n\nSEC. 2. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER \n EDUCATION.\n\n Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et \nseq.) is amended by adding at the end the following:\n\n ``PART F--PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER \n EDUCATION\n\n``SEC. 781. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF \n HIGHER EDUCATION.\n\n ``(a) Grants Authorized.--\n ``(1) In general.--Subject to the availability of \n appropriations, the Secretary is authorized to award grants to \n institutions of higher education to enable the institutions of \n higher education to establish programs that support veterans \n who are students at such institutions by providing and \n coordinating services that address the academic, financial, \n physical, and social needs of such veterans.\n ``(2) Grant period.--A grant awarded under this section \n shall be awarded for a period of 3 years.\n ``(b) Selection of Grant Recipients.--\n ``(1) Application.--An institution of higher education \n seeking a grant under this section shall submit to the \n Secretary an application in such form, at such time, and \n containing such information as the Secretary may require.\n ``(2) Approval.--The Secretary shall, in consultation with \n the Secretary of Veterans Affairs, approve or disapprove each \n application submitted by an institution of higher education \n under paragraph (1). In determining whether to approve or \n disapprove an application, the Secretary shall consider the \n following:\n ``(A) The number of veterans enrolled as students \n at the institution of higher education.\n ``(B) The needs of such veterans at such \n institution.\n ``(C) The ability of such institution to sustain a \n Center of Excellence for Veteran Student Success \n described in subsection (c)(2)(A) after the completion \n of the grant period described in subsection (a)(2).\n ``(D) The equitable distribution of grants under \n this section among various types and sizes of \n institutions of higher education.\n ``(E) The equitable geographic distribution of \n grants under this section.\n ``(F) The equitable distribution of grants under \n this section among rural and urban areas.\n ``(c) Use of Grant Funds.--\n ``(1) Program required.--Each institution of higher \n education receiving a grant under this section shall use the \n grant to establish a program that supports each veteran who is \n a student at such institution by providing and coordinating \n services that address the academic, financial, physical, and \n social needs of such veteran.\n ``(2) Required program activities.--Each program \n established under paragraph (1) shall include the following:\n ``(A) Establishing a Center of Excellence for \n Veteran Student Success on the campus of the \n institution of higher education that provides a single \n point of contact to coordinate comprehensive support \n services for veterans who are students, including the \n following:\n ``(i) Admissions.\n ``(ii) Registration.\n ``(iii) Financial aid.\n ``(iv) Veterans benefits.\n ``(v) Academic advising.\n ``(vi) Student health.\n ``(vii) Personal or mental health \n counseling.\n ``(viii) Career advising.\n ``(ix) Disabilities services.\n ``(B) Establishing a support team for veterans who \n are students, including representatives from the \n student veteran association and veteran service office \n of such institution of higher education, if any.\n ``(C) Providing a full-time or part-time \n coordinator whose primary responsibility is to \n coordinate the program.\n ``(D) With respect to such veterans, monitoring the \n rates of enrollment, persistence, and completion of \n programs of education at such institution.\n ``(3) Optional program activities.--With respect to \n veterans who are students at an institution of higher education \n receiving a grant under this section, a program established \n under paragraph (1) by such institution may include the \n following:\n ``(A) Outreach to, and recruitment of, veterans.\n ``(B) Supportive instructional services for \n veterans, which may include--\n ``(i) personal, academic, and career \n counseling, as an ongoing part of the program;\n ``(ii) tutoring and academic skill-building \n instruction assistance, as needed; and\n ``(iii) assistance with special admissions \n and transfer of credit from previous \n postsecondary education or experience.\n ``(C) Assistance in obtaining student financial \n aid.\n ``(D) Housing support.\n ``(E) Providing classes that are limited to \n veterans to help them fulfill general education \n requirements.\n ``(F) Providing activities designed to ease the \n transition of veterans to life on the campus of such \n institution.\n ``(G) Support for veteran student organizations and \n veteran student support groups on campus.\n ``(H) Coordination of academic advising and \n admissions counseling with military bases and National \n Guard and Reserve units in the area.\n ``(I) Such other support services as the \n institution considers necessary to ensure the success \n of veterans in achieving the veterans' educational and \n career goals.\n ``(d) Evaluation and Accountability Plan.--The Secretary shall \ndevelop an evaluation and accountability plan for programs established \nunder subsection (c)(1) to measure the impact of such programs, \nincluding an objective measure of whether the rates of enrollment, \npersistence, and completion of programs of education at institutions of \nhigher education by veterans increase as a result of such programs.''.","summary":"Supporting Education for Returning Veterans Act of 2008 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award three-year grants to institutions of higher education to establish programs that support veterans who are students by providing and coordinating services that address their academic, financial, physical, and social needs. Requires each grantee to establish a campus Center of Excellence for Veteran Student Success that provides a single point of contact for the coordination of comprehensive support services for students who are veterans. Requires the Secretary to develop an evaluation and accountability plan for measuring the effect such programs have on veterans' success in postsecondary education.","title":"A bill to amend the Higher Education Act of 1965 to authorize the Secretary of Education to provide grants to institutions of higher education to establish programs for the provision of services and support to veterans who are students at such institutions, and for other purposes.","text_len":7212,"sum_len":752} {"bill_id":"110_hr3725","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage Disclosure Simplification \nAct of 2007''.\n\nSEC. 2. REQUIRED DISCLOSURES REGARDING LOAN TERMS.\n\n The Real Estate Settlement Procedures Act of 1974 is amended by \ninserting after section 4 (12 U.S.C. 2603) the following new section:\n\n``SEC. 4A. REQUIRED DISCLOSURES REGARDING LOAN TERMS.\n\n ``(a) Development.--The Secretary, in consultation with appropriate \nFederal lending regulation agencies, shall develop and prescribe \nstandard written forms under subsection (c) for statement of the \nessential terms of a federally related mortgage loan.\n ``(b) Requirement To Use.-- The Secretary shall require that--\n ``(1) the forms developed pursuant to subsection (a) be \n used in all transactions in the United States that involve \n federally related mortgage loans; and\n ``(2) that in any such a transaction--\n ``(A) the form under subsection (c)(1) shall be \n appropriately and accurately completed by the lender or \n mortgage broker, or both; and\n ``(B) the completed form under subsection (c)(1) \n shall be provided to the borrower, together with the \n form under subsection (c)(2), not later than three days \n after the application for the federally related \n mortgage loan is made.\n ``(c) Contents.--With respect to a federally related mortgage loan, \nthe standard written forms required under this subsection are as \nfollows:\n ``(1) Statement of loan terms.--A single page, written \n disclosure regarding the federally related mortgage loan that, \n when completed by the lender or mortgage broker, or both, sets \n forth, in accordance with such requirements as the Secretary \n shall by regulation establish--\n ``(A) a best possible estimate of--\n ``(i) the total loan amount under the \n federally related mortgage loan;\n ``(ii) the loan-to-value ratio for the \n loan;\n ``(iii) the final maturity date for the \n loan;\n ``(iv) the amount and due date for any \n balloon payment under the loan;\n ``(v) the amount of any prepayment fee to \n be charged if the loan is paid in full before \n the final maturity date for the loan;\n ``(vi) the initial interest rate under the \n loan expressed as an annual percentage rate, \n and the amount of the monthly payment due under \n such rate;\n ``(vii) the duration during which such \n initial interest rate will be charged;\n ``(viii) the fully indexed rate of interest \n under the loan expressed as an annual \n percentage rate and the amount of the monthly \n payment due under such rate;\n ``(ix) the maximum possible rate of \n interest under the loan expressed as an annual \n percentage rate and the amount of the monthly \n payment due under such rate;\n ``(x) the monthly household income of the \n borrower upon which the loan is based;\n ``(xi) the amount of initial monthly \n payment due under the loan, and the amount of \n such initial monthly payment plus monthly \n amounts due for taxes and insurance on the \n property for which the loan is made, both \n expressed as a percentage of the monthly \n household income of the borrower;\n ``(xii) the amount of the fully indexed \n monthly payment due under the loan, and the \n amount of such fully indexed monthly payment \n plus monthly amounts due for taxes and \n insurance on the property for which the loan is \n made, both expressed as a percentage of the \n monthly household income of the borrower;\n ``(xiii) the aggregate amount of settlement \n charges for all settlement services provided in \n connection with the loan, the amount of such \n charges that are included in the loan amount \n and the amount of such charges the borrower \n must pay at closing, the aggregate amount of \n lender's fees connection with the loan, and the \n aggregate amount of other fees or required \n payments in connection with the loan; and\n ``(xiv) the aggregate amount of fees paid \n to the mortgage broker in connection with the \n loan, the amount of such fees paid directly by \n the borrower, and any additional amount \n received by the broker from the lender based on \n the interest rate of the loan (commonly \n referred to as a yield spread premium);\n ``(B) a name, telephone number, and electronic mail \n address that may be used by the borrower to obtain \n information regarding the loan; and\n ``(C) a prominent statement that the amounts to be \n provided by the lender or mortgage broker, or both, \n under the federally related mortgage loan shall be \n subject to final underwriting of the loan.\n ``(2) Statement of definitions and explanations.--A two-\n page written disclosure that sets forth, in accordance with \n such requirements as the Secretary shall, by regulation, \n establish, basic easy-to-understand definitions or \n explanations, of terms relating to residential mortgage loans, \n including each of the following terms: appraised value, types \n of loans, initial interest rate, fully indexed rate of \n interest, maximum possible rate of interest, monthly household \n income, monthly loan payment including taxes and insurance, \n fully indexed housing expense ratio, prepayment fee, balloon \n payment, payment option loan, points, closing costs, settlement \n services, settlement charges, lender's fees, and mortgage \n broker.\n ``(d) Savings Clause.--Notwithstanding disclosure pursuant to \nsubsection (c)(1)(A) of best possible estimates of the information \nrequired under such subsection with respect to a federally related \nmortgage loan, the amounts to be provided by the lender or mortgage \nbroker, or both, under the loan shall be subject to final underwriting \nof the loan.''.","summary":"Mortgage Disclosure Simplification Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to instruct the Secretary of Housing and Urban Development to develop and prescribe standard written forms stating the essential terms of a federally related mortgage loan, which lenders or mortgage brokers shall provide to prospective mortgagors. Requires such disclosures to include: (1) a statement of terms regarding a federally related mortgage loan. And (2) a statement of basic easy-to-understand definitions or explanations of such terms.","title":"To amend the Real Estate Settlement Procedures Act of 1974 to require the submission to each borrower under a federally related mortgage loan of a one-page description of the essential terms of the loan.","text_len":7349,"sum_len":552} {"bill_id":"107_s1517","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Montgomery GI Bill Improvements Act \nof 2001''.\n\nSEC. 2. REPEAL OF PAY REDUCTION AND ELECTION NOT TO ENROLL IN BASIC \n EDUCATIONAL ASSISTANCE.\n\n (a) Pay Reduction.--(1) Section 3011 of title 38, United States \nCode, is amended by striking subsection (b).\n (2) Section 3012 of that title is amended by striking subsection \n(c).\n (b) Authority To Elect Not To Enroll.--(1) Section 3011(c) of that \ntitle is amended--\n (A) by striking paragraph (1); and\n (B) by redesignating paragraphs (2) and (3) as paragraphs \n (1) and (2), respectively.\n (2) Section 3012(d) of that title is amended--\n (A) by striking paragraph (1); and\n (B) by redesignating paragraphs (2) and (3) as paragraphs \n (1) and (2), respectively.\n (c) Opportunities To Withdraw Election Not To Enroll.--(1) Section \n3016(a)(1) of that title is amended by striking ``, and does not make \nan election under section 3011(c)(1) or section 3012(d)(1)''.\n (2) Sections 3018A and 3018B of that title are each amended by \nadding at the end the following new subsection:\n ``(e) Notwithstanding subsection (b), no reduction in the pay of an \nindividual under this section shall be made for months beginning on or \nafter the date that is six months after the date of the enactment of \nthe Montgomery GI Bill Improvements Act of 2001. Any obligation of an \nindividual under subsection (b) as of the commencement of such month \nshall be deemed to be fully satisfied as of the date of the \ncommencement of such month.''.\n (3)(A) Section 3018C(e) of that title is amended--\n (i) by striking paragraphs (3) and (4); and\n (ii) by redesignating paragraph (5) as paragraph (3).\n (B) Section 3018C of that title is amended by adding at the end the \nfollowing new subsection:\n ``(f) Notwithstanding subsection (b), no reduction in the pay of an \nindividual under this section shall be made for months beginning on or \nafter the date that is six months after the date of the enactment of \nthe Montgomery GI Bill Improvements Act of 2001. Any obligation of an \nindividual under subsection (b) as of the commencement of such month \nshall be deemed to be fully satisfied as of the date of the \ncommencement of such month.''.\n (d) Effective Date.--The amendments made by subsections (a) and (b) \nshall take effect six months after the date of the enactment of this \nAct, and apply to individuals whose initial obligated period of active \nduty under section 3011 or 3012 of title 38, United States Code, as the \ncase may be, begins on or after such date.\n (e) Termination of Pay Reductions in Progress.--Any reduction in \nthe basic pay of an individual referred to in subsection (b) of section \n3011 of title 38, United States Code, by reason of such subsection, or \nof any individual referred to in subsection (c) of section 3012 of such \ntitle by reason of such subsection, shall cease commencing with months \nbeginning on or after the date that is six months after the date of the \nenactment of this Act, and any obligation of such individual under such \nsubsection (b) or (c), as the case may be, as of that date shall be \ndeemed to be fully satisfied as of the date of the commencement of the \nfirst such month.\n\nSEC. 3. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY MEMBERS \n WITH 15 YEARS OF ACTIVE DUTY SERVICE.\n\n (a) Transfer of Entitlement.--Subchapter II of chapter 30 of title \n38, United States Code, is amended by adding at the end the following \nnew section:\n``Sec. 3020. Transfer of entitlement to basic educational assistance: \n individuals with 15 years of active duty service\n ``(a) An individual described in subsection (b) who is entitled to \nbasic educational assistance under this subchapter may transfer, in \nwhole or in part, such individual's entitlement to such assistance to \nthe dependents specified in subsection (c).\n ``(b) An individual described in this subsection is any individual \nentitled to basic educational assistance under this subchapter who has \ncompleted not less than 15 years of service on active duty as a member \nof the Armed Forces.\n ``(c) An individual may transfer entitlement under this section as \nfollows:\n ``(1) To the individual's spouse.\n ``(2) To one or more of the individual's children.\n ``(3) To a combination of the individuals referred to in \n paragraphs (1) and (2).\n ``(d) An individual transferring entitlement to basic educational \nassistance under this section shall--\n ``(1) designate the dependent or dependents to whom such \n entitlement is being transferred and the percentage of such \n entitlement to be transferred to each such dependent; and\n ``(2) specify the period for which the transfer shall be \n effective for each dependent designated under paragraph (1).\n ``(e)(1) Subject to the time limitation for use of entitlement \nunder section 3031 of this title, an individual may transfer \nentitlement under this section at any time without regard to whether \nthe individual is a member of the Armed Forces when the transfer is \nexecuted.\n ``(2)(A) An individual transferring entitlement under this section \nmay modify or revoke at any time the transfer of any unused portion of \nthe entitlement so transferred.\n ``(B) The modification or revocation of the transfer of entitlement \nunder this paragraph shall be made by the submittal of written notice \nof the action to the Secretary.\n ``(f)(1) The use of any entitlement to basic educational assistance \ntransferred under this section shall be charged against the entitlement \nof the individual making the transfer at the rate of one month for each \nmonth of transferred entitlement that is used.\n ``(2) Except as provided under subsection (d)(2) and subject to \nparagraph (4), a dependent to whom entitlement is transferred under \nthis section is entitled to basic educational assistance under this \nsubchapter in the same manner and at the same rate as the individual \nfrom whom the entitlement was transferred.\n ``(3) The death of an individual transferring an entitlement under \nthis section shall not affect the use of the entitlement by the \nindividual to whom the entitlement is transferred.\n ``(4) The administrative provisions of this chapter (including the \nprovisions set forth in section 3034(a)(1) of this title) shall apply \nto the use of entitlement transferred under this section, except that \nthe dependent to whom the entitlement is transferred shall be treated \nas the eligible veteran for purposes of such provisions.\n ``(5) The purposes for which a dependent to whom entitlement is \ntransferred under this section may use such entitlement shall include \nthe pursuit and completion of the requirements of a secondary school \ndiploma (or equivalency certificate).\n ``(f) In the event of an overpayment of basic educational \nassistance with respect to a dependent to whom entitlement is \ntransferred under this section, the dependent and the individual making \nthe transfer shall be jointly and severally liable to the United States \nfor the amount of the overpayment for purposes of section 3685 of this \ntitle.\n ``(g) The Secretary shall prescribe regulations for purposes of \nthis section. Such regulations shall specify the manner and effect of \nan election to modify or revoke a transfer of entitlement under \nsubsection (e)(2), and shall specify the manner of the applicability of \nthe administrative provisions referred to in subsection (e)(4) to a \ndependent to whom entitlement is transferred under this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n3019 the following new item:\n\n``3020. Transfer of entitlement to basic educational assistance: \n individuals with 15 years of active duty \n service.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect six months after the date of the enactment of this Act.\n\nSEC. 4. EXTENSION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND \n ENTITLEMENT.\n\n (a) All Volunteer Force Program.--Section 3031 of title 38, United \nStates Code, is amended--\n (1) by striking ``10-year period'' each place it appears \n (other than subsection (g)) and inserting ``20-year period''; \n and\n (2) in subsection (g), by striking ``the last day'' and all \n that follows through ``Act'' and inserting ``November 30, \n 2019,''.\n (b) Educational Assistance for Selected Reserve.--Section 16133(a) \nof title 10, United States Code, is amended by striking ``10-year \nperiod'' and inserting ``20-year period''.\n\nSEC. 5. BENEFIT FOR MEMBERS OF SELECTED RESERVE CALLED TO ACTIVE DUTY \n FOR MORE THAN ONE YEAR FOR CONTINGENCY OPERATION.\n\n (a) Increased Benefit Under Educational Assistance for Selected \nReserve.--Section 16131 of title 10, United States Code, is amended by \nadding at the end the following:\n ``(j) In the case of a member of the Selected Reserve entitled to \neducational assistance under this chapter who, during the period \nreferred to in subsection (a) with respect to the member, is called or \nordered to, or retained on, active duty for or in support of a \ncontingency operation, the rate of the educational assistance allowance \napplicable to the member is as follows:\n ``(1) If the member's aggregate period on active duty for \n or in support of a contingency operation is more than one year \n but less than two years--\n ``(A) for each month of full-time pursuit of a \n program of education, an amount equal to the average of \n the amount otherwise applicable to the person under \n subsection (b)(1)(A) and the amount applicable to an \n individual under section 3015(b)(1) of title 38;\n ``(B) for each month of three-quarter-time pursuit \n of a program of education, an amount equal to three-\n quarters of the amount determined under subparagraph \n (A);\n ``(C) for each month of half-time pursuit of a \n program of education, an amount equal to three-quarters \n of the amount determined under subparagraph (A); and\n ``(D) for each month of less than half-time pursuit \n of a program of education, an appropriately reduced \n amount, as determined under regulations prescribed \n under subsection (b)(1)(D), subject to the limitation \n specified in that subsection.\n ``(2) If the member's aggregate period on active duty for \n or in support of a contingency operation is more than two years \n but less than three years, the amount that would be applicable \n to the member under section 3015(b) of title 38 were the member \n an individual described by that section.\n ``(3) If the member's aggregate period on active duty for \n or in support of a contingency operation is more than three \n years, the amount that would be applicable to the member under \n section 3015(a) of title 38 were the member an individual \n described by that section.''.\n (b) Effect of Active Duty on Entitlement for Basic Assistance for \nService in Selected Reserve.--(1) Clause (ii) of section 3012(a)(1)(A) \nof title 38, United States Code, is amended to read as follows:\n ``(ii) subject to subsection (b) of this \n section and beginning within one year after \n completion of the service on active duty \n described in clause (i) of this clause--\n ``(I) serves at least four years of \n continuous duty in the Selected Reserve \n during which the individual \n participates satisfactorily in training \n as required by the Secretary concerned; \n or\n ``(II) during continuous duty in \n the Selected Reserve during which the \n individual participates satisfactorily \n in training as required by the \n Secretary concerned, serves on active \n duty for or in support of a contingency \n operation (as that term is defined in \n section 101(a) of title 10) for an \n aggregate period of not less than one \n year; or''.\n (2) Section 3015(c) of that title is amended--\n (A) in paragraph (1), by striking ``paragraph (1)'' and \n inserting ``paragraph (1) or (2)''; and\n (B) by adding at the end the following new paragraph:\n ``(3) Paragraph (1) of this subsection also applies to an \nindividual entitled to an educational assistance allowance under \nsection 3012 of this title who is described in subsection \n(a)(1)(A)(ii)(II) of that section.''.","summary":"Montgomery GI Bill Improvements Act of 2001 - Amends Federal basic educational assistance provisions to eliminate the pay reduction currently required of service members as a precondition to eligibility for benefits Permits certain service members to transfer their entitlement to benefits to their spouses or dependent children. Extends the period after discharge during which former service members may utilize their benefits. Increases benefits available to members of the Selected Reserve called to active duty as part of a contingency operation.","title":"A bill to amend titles 10 and 38, United States Code, to enhance the Montgomery GI Bill, and for other purposes.","text_len":13569,"sum_len":550} {"bill_id":"114_s1006","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Positive Train \nControl Safety Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Implementation deadline.\nSec. 3. Transparency.\nSec. 4. Positive train control on high-hazard flammable trains.\nSec. 5. Coordination of spectrum.\nSec. 6. Confidential close call reporting systems.\nSec. 7. Commuter rail track inspections.\nSec. 8. Positive train control at grade crossings effectiveness study.\nSec. 9. Redundant signal protection.\n\nSEC. 2. IMPLEMENTATION DEADLINE.\n\n Section 20157 of title 49, United States Code, is amended--\n (1) by redesignating subsections (h) and (i) as subsections \n (i) and (j), respectively; and\n (2) by inserting after subsection (g) the following:\n ``(h) Extension.--\n ``(1) In general.--After transmitting the report under \n subsection (d), the Secretary may extend the implementation \n deadline, in 1-year increments, upon application, if the \n Secretary--\n ``(A) determines that--\n ``(i) full implementation will likely be \n infeasible due to circumstances beyond the \n control of the applicant, including funding \n availability, spectrum acquisition, resource \n and technology availability, and \n interoperability standards;\n ``(ii) the applicant has demonstrated good \n faith in its positive train control \n implementation; and\n ``(iii) the applicant has presented a \n revised positive train control implementation \n plan indicating how it will fully implement \n positive train control as soon as feasible, and \n not later than December 31, 2018; and\n ``(B) has taken into consideration--\n ``(i) whether the affected areas of track \n have been identified as areas of greater risk \n to the public and railroad employees in the \n applicant's positive train control \n implementation plan under section \n 236.1011(a)(4) of title 49, Code of Federal \n Regulations; and\n ``(ii) the risk of operational failure to \n the affected service areas and the applicant.\n ``(2) Application review.--Not later than 120 days after \n the Secretary receives an application under paragraph (1), the \n Secretary review and approve or disapprove the application.\n ``(3) Maximum extension.--The Secretary may extend the \n implementation deadline for an applicant whose application is \n under review, but may not extend the implementation deadline \n beyond June 30, 2016.''.\n\nSEC. 3. TRANSPARENCY.\n\n Section 20157(a) of title 49, United States Code, as amended by \nsection 2, is further amended by adding at the end the following:\n ``(3) Progress reports.--\n ``(A) In general.--Beginning 6 months after the \n date of the enactment of the Positive Train Control \n Safety Act, and annually thereafter until its positive \n train control system is certified by the Secretary \n under subsection (h), each Class I railroad carrier, \n and each entity providing regularly scheduled intercity \n or commuter rail passenger transportation, required to \n submit a plan under paragraph (1) shall submit a \n progress report to the Secretary on the status of the \n plan.\n ``(B) Contents.--Each progress report submitted \n under subparagraph (A) shall include--\n ``(i) a section describing--\n ``(I) the total number of positive \n train control components required;\n ``(II) the number of such \n components that have been installed, \n equipped, or deployed;\n ``(III) the number of components \n that remain to be installed, equipped, \n or deployed; and\n ``(IV) an estimated completion date \n for full positive train control system \n completion;\n ``(ii) a section summarizing--\n ``(I) the number of employees \n requiring training under section \n 236.1041 of title 49, Code of Federal \n Regulations; and\n ``(II) the status of such training \n activities; and\n ``(iii) a section summarizing the remaining \n challenges to full positive train control \n system implementation, including--\n ``(I) testing issues;\n ``(II) interoperability challenges; \n and\n ``(III) certification challenges.\n ``(C) Defined term.--In this paragraph, the term \n `component' means a locomotive apparatus, a wayside \n interface unit, switches in non-signal positive train \n control territory, a base station radio, a wayside \n radio, or a locomotive radio.\n ``(D) Public availability.--Not later than 30 days \n after receiving a progress report under this paragraph, \n the Secretary shall make the report available on the \n website of the Federal Railroad Administration.''.\n\nSEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS.\n\n Section 20157(a)(1) of title 49, United States Code, as amended by \nthis Act, is further amended--\n (1) by striking ``Not later than 18 months after the date \n of enactment of the Rail Safety Improvement Act of 2008, each'' \n and inserting ``Each'';\n (2) in subparagraph (B)--\n (A) by striking ``parts'' and inserting \n ``sections''; and\n (B) by striking ``transported; and'' and inserting \n ``transported on or after December 31, 2015;'';\n (3) by redesignating subparagraph (C) as subparagraph (D); \n and\n (4) by inserting after subparagraph (B), the following:\n ``(C) its main line over which 20 or more tank cars \n loaded with petroleum crude oil, ethanol, or other \n Class 3 material (as described in section 172.101 of \n title 49, Code of Federal Regulations) are transported; \n and''.\n\nSEC. 5. COORDINATION OF SPECTRUM.\n\n (a) Coordination of Spectrum.--Subchapter II of chapter 201 of \ntitle 49, United States Code, is amended by adding at the end the \nfollowing:\n``Sec. 20168. Electromagnetic spectrum\n ``Not later than 120 days after the date of the enactment of the \nPositive Train Control Safety Act, the Secretary of Transportation, in \ncoordination with the Chairman of the Federal Communications \nCommission, shall assess spectrum needs and availability for \nimplementing positive train control systems (as defined in section \n20157(j)). In carrying out this section, the Secretary and the Chairman \nmay consult with external stakeholders.''.\n (b) Clerical Amendment.--The table of sections for chapter 201 of \ntitle 49, United States Code, is amended by inserting after the item \nrelating to section 20167 the following:\n\n``20168. Electromagnetic spectrum.''.\n\nSEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS.\n\n (a) In General.--Subchapter II of chapter 201 of title 49, United \nStates Code, as amended by section 6(a), is further amended by adding \nat the end the following:\n``Sec. 20169. Confidential close call reporting systems\n ``(a) Rulemaking.--Not later than 1 year after the date of the \nenactment of the Positive Train Control Safety Act, the Secretary shall \npromulgate regulations setting forth the requirements that an \napplicable railroad carrier shall follow in establishing a confidential \nclose call reporting system program. The Secretary may use any \ninformation and experience gathered through research and pilot programs \non confidential close call reporting systems in developing regulations \nunder this subsection, including continuing the use of third parties \nfor the collection of close call reports and distribution of close call \ndata. The Secretary shall ensure that an applicable railroad carrier's \nemployees receive protection under its program from any related Federal \nRailroad Administration enforcement actions.\n ``(b) Program Development and Oversight.--\n ``(1) In general.--Not later than 180 days after the date \n on which final regulations are promulgated under subsection \n (a), an applicable railroad carrier shall develop and submit a \n proposed confidential close call reporting system program to \n the Secretary for review and approval.\n ``(2) Contents.--The proposal submitted by a railroad \n carrier under paragraph (1) shall--\n ``(A) a describe the core principles and values of \n its proposed program;\n ``(B) explain the rights, roles, and \n responsibilities of program stakeholders;\n ``(C) identify concerns and interests; and\n ``(D) describe how the program will operate.\n ``(3) Review.--\n ``(A) In general.--The Secretary shall review and \n approve or disapprove each proposed program within a \n reasonable amount of time. If a proposed program is not \n approved, the Secretary shall notify the applicable \n railroad carrier in writing of the specific areas in \n which the proposed program is deficient. The applicable \n railroad carrier shall correct all deficiencies within \n a reasonable period of time following receipt of \n written notice from the Secretary.\n ``(B) Updates.--An applicable railroad carrier \n shall update its program as needed and obtain the \n Secretary's approval prior to making any major changes \n to its program.\n ``(C) Annual reviews.--The Secretary shall conduct \n an annual review to ensure that each applicable \n railroad carrier is in compliance with its approved \n program.\n ``(c) In General.--Not later than 2 years after the date of the \nenactment of the Positive Train Control Safety Act, each applicable \nrailroad carrier shall establish a confidential close call reporting \nsystem.\n ``(d) Program Elements.--Each applicable railroad carrier shall--\n ``(1) provide a safe environment for its employees to \n report unsafe events and conditions;\n ``(2) for unsafe events and conditions reported within the \n scope of a confidential close call reporting system, ensure \n that its employees are protected from railroad carrier \n discipline;\n ``(3) use information collected through the confidential \n close call reporting system to develop and implement targeted \n corrective actions, as appropriate; and\n ``(4) use information collected by the system to supplement \n inspection data in identifying safety issues and emerging risks \n before they develop into accidents.\n ``(e) Consensus.--\n ``(1) In general.--Each applicable railroad carrier shall \n consult with, employ good faith with, and use its best efforts \n to reach agreement with all of its directly affected employees, \n including any nonprofit employee labor organization \n representing a class or craft of directly affected employees of \n the applicable railroad carrier, on the development and \n implementation of the proposed program.\n ``(2) Statements.--If an applicable railroad carrier and \n its directly affected employees, including any nonprofit \n employee labor organization representing a class or craft of \n directly affected employees of the applicable railroad carrier, \n cannot reach consensus on the development and implementation of \n the proposed program, then directly affected employees and such \n organization may file a statement with the Secretary explaining \n their views on the proposed program on which consensus was not \n reached. The Secretary shall consider such views during review \n of the proposed program under subsection (b)(3)(A).\n ``(f) Voluntary Program Establishment.--Any railroad carrier that \nis not an applicable railroad carrier may voluntarily establish a \nprogram under this section. This section, and any regulations \npromulgated under this section, shall apply to a program that is \nvoluntarily established.\n ``(g) Use of Data.--The Secretary may use the confidential close \ncall reporting data when--\n ``(1) implementing or updating the Federal Railroad \n Administration's National Inspection Plan;\n ``(2) performing focused inspections; or\n ``(3) developing agency rulemakings and guidance, as \n appropriate.\n ``(h) Defined Term.--In this section, the term `applicable railroad \ncarrier' means a railroad carrier that--\n ``(1) is a Class I railroad;\n ``(2) has inadequate safety performance, as determined by \n the Secretary; or\n ``(3) provides intercity rail passenger or commuter rail \n passenger transportation.\n ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as may be necessary--\n ``(1) to implement this section; and\n ``(2) to support the nationwide implementation of \n confidential close call reporting system programs, as the \n Secretary determines appropriate.''.\n (b) Clerical Amendment.--The table of sections for chapter 201 of \ntitle 49, United States Code, as amended by section 7(b), is further \namended by adding at the end the following:\n\n``20169. Confidential close call reporting systems.''.\n\nSEC. 7. COMMUTER RAIL TRACK INSPECTIONS.\n\n (a) In General.--Subchapter II of chapter 201 of title 49, United \nStates Code, as amended by sections 6 and 7, is further amended by \nadding at the end the following:\n``Sec. 20170. Commuter rail track inspections\n ``(a) In General.--When performing a required inspection under \nsubpart F of part 213 of title 49, Code of Federal Regulations, a \nrailroad carrier providing commuter rail passenger transportation on \nhigh density commuter railroad lines (as described in section \n213.233(b)(3) of title 49, Code of Federal Regulations) shall--\n ``(1) at least once each 2 weeks--\n ``(A) traverse each main line by vehicle; or\n ``(B) inspect each main line on foot; and\n ``(2) at least once each month, traverse and inspect each \n siding by vehicle or by foot.\n ``(b) Construction.--Nothing in this section may be construed to \nlimit the authority of the Secretary to promulgate regulations or issue \norders under any other law.''.\n (b) Clerical Amendment.--The table of sections for chapter 201 of \ntitle 49, United States Code, as amended by sections 6 and 7, is \nfurther amended by adding at the end the following:\n\n``20170. Commuter rail track inspections.''.\n\nSEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY.\n\n (a) In General.--The Secretary of Transportation, in consultation \nwith the Administrator of the Federal Railroad Administration, shall \nconduct a study of the effectiveness of positive train control and \nrelated technologies on reducing collisions at highway-rail grade \ncrossings.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to conduct the study \ndescribed in subsection (a).\n\nSEC. 9. REDUNDANT SIGNAL PROTECTION.\n\n Not later than 1 year after the date of the enactment of the \nPositive Train Control Safety Act, the Secretary of Transportation \nshall promulgate such regulations as the Secretary considers necessary \nto require that on-track safety programs, as described in subpart C of \npart 214 of title 49, Code of Federal Regulations, whenever practicable \nand consistent with other safety requirements and operational \nconsiderations, include requiring implementation of redundant signal \nprotection, such as shunting, for maintenance-of-way work crews who \ndepend on a train dispatcher to provide signal protection.","summary":"Positive Train Control Safety Act This bill authorizes the Department of Transportation (DOT) to extend the deadline, in one-year increments, for implementation of positive train control systems if full implementation by the existing deadline will likely be infeasible due to circumstances beyond the control of the applicant, and other certain other criteria are met. Each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, must submit annual progress reports to DOT on the status of fits implementation plan. Such plans shall now be required for any such carrier or entity governing operations on a main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material are transported. DOT shall assess electromagnetic spectrum needs and availability for implementing positive train control systems. Applicable railroad carriers shall establish a confidential close call reporting system program subject to DOT regulations. A railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines, when performing a required inspection, shall: at least once each two weeks traverse each line by vehicle or inspect each main line on foot, and at least once each month traverse and inspect each siding by vehicle or by foot. DOT shall: study the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings. And promulgate regulations to require that on-track safety programs, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.","title":"Positive Train Control Safety Act","text_len":17645,"sum_len":1863} {"bill_id":"113_s128","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campus Sexual Violence Elimination \nAct''.\n\nSEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND \n STALKING EDUCATION AND PREVENTION.\n\n (a) In General.--Section 485(f) of the Higher Education Act of 1965 \n(20 U.S.C. 1092(f)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (C)(iii), by striking the \n period at the end and inserting ``, when the victim of \n such crime elects or is unable to make such a \n report.''; and\n (B) in subparagraph (F)--\n (i) in clause (i)(VIII), by striking \n ``and'' after the semicolon;\n (ii) in clause (ii)--\n (I) by striking ``sexual \n orientation'' and inserting ``national \n origin, sexual orientation, gender \n identity,''; and\n (II) by striking the period and \n inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(iii) of domestic violence, dating \n violence, and stalking incidents that were \n reported to campus security authorities or \n local police agencies.'';\n (2) in paragraph (3), by inserting ``, that withholds the \n names of victims as confidential,'' after ``that is timely'';\n (3) in paragraph (6)(A)--\n (A) by redesignating clauses (i), (ii), and (iii) \n as clauses (ii), (iii), and (iv), respectively;\n (B) by inserting before clause (ii), as \n redesignated by subparagraph (A), the following:\n ``(i) The terms `dating violence', `domestic violence', and \n `stalking' have the meaning given such terms in section \n 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. \n 13925(a)).''; and\n (C) by inserting after clause (iv), as redesignated \n by subparagraph (A), the following:\n ``(v) The term `sexual assault' means an offense classified \n as a forcible or nonforcible sex offense under the uniform \n crime reporting system of the Federal Bureau of \n Investigation.'';\n (4) in paragraph (7)--\n (A) by striking ``paragraph (1)(F)'' and inserting \n ``clauses (i) and (ii) of paragraph (1)(F)''; and\n (B) by inserting after ``Hate Crime Statistics \n Act.'' the following: ``For the offenses of domestic \n violence, dating violence, and stalking, such \n statistics shall be compiled in accordance with the \n definitions used in section 40002(a) of the Violence \n Against Women Act of 1994 (42 U.S.C. 13925(a)).'';\n (5) by striking paragraph (8) and inserting the following:\n ``(8)(A) Each institution of higher education participating in any \nprogram under this title, other than a foreign institution of higher \neducation, shall develop and distribute as part of the report described \nin paragraph (1) a statement of policy regarding--\n ``(i) such institution's programs to prevent domestic \n violence, dating violence, sexual assault, and stalking; and\n ``(ii) the procedures that such institution will follow \n once an incident of domestic violence, dating violence, sexual \n assault, or stalking has been reported, including a statement \n of the standard of evidence that will be used during any \n institutional conduct proceeding arising from such a report.\n ``(B) The policy described in subparagraph (A) shall address the \nfollowing areas:\n ``(i) Education programs to promote the awareness of rape, \n acquaintance rape, domestic violence, dating violence, sexual \n assault, and stalking, which shall include--\n ``(I) primary prevention and awareness programs for \n all incoming students and new employees, which shall \n include--\n ``(aa) a statement that the institution of \n higher education prohibits the offenses of \n domestic violence, dating violence, sexual \n assault, and stalking;\n ``(bb) the definition of domestic violence, \n dating violence, sexual assault, and stalking \n in the applicable jurisdiction;\n ``(cc) the definition of consent, in \n reference to sexual activity, in the applicable \n jurisdiction;\n ``(dd) safe and positive options for \n bystander intervention that may be carried out \n by an individual to prevent harm or intervene \n when there is a risk of domestic violence, \n dating violence, sexual assault, or stalking \n against a person other than such individual;\n ``(ee) information on risk reduction to \n recognize warning signs of abusive behavior and \n how to avoid potential attacks; and\n ``(ff) the information described in clauses \n (ii) through (vii); and\n ``(II) ongoing prevention and awareness campaigns \n for students and faculty, including information \n described in items (aa) through (ff) of subclause (I).\n ``(ii) Possible sanctions or protective measures that such \n institution may impose following a final determination of an \n institutional disciplinary procedure regarding rape, \n acquaintance rape, domestic violence, dating violence, sexual \n assault, or stalking.\n ``(iii) Procedures victims should follow if a sex offense, \n domestic violence, dating violence, sexual assault, or stalking \n has occurred, including information in writing about--\n ``(I) the importance of preserving evidence as may \n be necessary to the proof of criminal domestic \n violence, dating violence, sexual assault, or stalking, \n or in obtaining a protection order;\n ``(II) to whom the alleged offense should be \n reported;\n ``(III) options regarding law enforcement and \n campus authorities, including notification of the \n victim's option to--\n ``(aa) notify proper law enforcement \n authorities, including on-campus and local \n police;\n ``(bb) be assisted by campus authorities in \n notifying law enforcement authorities if the \n victim so chooses; and\n ``(cc) decline to notify such authorities; \n and\n ``(IV) where applicable, the rights of victims and \n the institution's responsibilities regarding orders of \n protection, no contact orders, restraining orders, or \n similar lawful orders issued by a criminal, civil, or \n tribal court.\n ``(iv) Procedures for institutional disciplinary action in \n cases of alleged domestic violence, dating violence, sexual \n assault, or stalking, which shall include a clear statement \n that--\n ``(I) such proceedings shall--\n ``(aa) provide a prompt, fair, and \n impartial investigation and resolution;\n ``(bb) be conducted by officials who \n receive annual training on the issues related \n to domestic violence, dating violence, sexual \n assault, and stalking and how to conduct an \n investigation and hearing process that protects \n the safety of victims and promotes \n accountability; and\n ``(cc) use the preponderance of the \n evidence standard;\n ``(II) the accuser and the accused are entitled to \n the same opportunities to have others present during an \n institutional disciplinary proceeding, including the \n opportunity to be accompanied to any related meeting or \n proceeding by an advisor of their choice; and\n ``(III) both the accuser and the accused shall be \n simultaneously informed, in writing, of--\n ``(aa) the outcome of any institutional \n disciplinary proceeding that arises from an \n allegation of domestic violence, dating \n violence, sexual assault, or stalking;\n ``(bb) the institution's procedures for the \n accused and the victim to appeal the results of \n the institutional disciplinary proceeding;\n ``(cc) any change to the results that \n occurs prior to the time that such results \n become final; and\n ``(dd) when such results become final.\n ``(v) Information about how the institution will protect \n the confidentiality of victims, including how publicly \n available recordkeeping will be accomplished without the \n inclusion of identifying information about the victim, to the \n extent permissible by law.\n ``(vi) Written notification of students and employees about \n existing counseling, health, mental health, victim advocacy, \n legal assistance, and other services available for victims both \n on-campus and in the community.\n ``(vii) Written notification of victims about options for, \n and available assistance in, changing academic, living, \n transportation, and working situations, if so requested by the \n victim and if such accommodations are reasonably available, \n regardless of whether the victim chooses to report the crime to \n campus police or local law enforcement.\n ``(C) A student or employee who reports to an institution of higher \neducation that the student or employee has been a victim of domestic \nviolence, dating violence, sexual assault, or stalking, whether the \noffense occurred on or off campus, shall be provided with a written \nexplanation of the student or employee's rights and options, as \ndescribed in clauses (ii) through (vii) of subparagraph (B).'';\n (6) in paragraph (9), by striking ``The Secretary'' and \n inserting ``The Secretary, in consultation with the Attorney \n General of the United States,'';\n (7) by striking paragraph (16) and inserting the following:\n ``(16)(A) The Secretary shall seek the advice and counsel of the \nAttorney General of the United States concerning the development, and \ndissemination to institutions of higher education, of best practices \ninformation about campus safety and emergencies.\n ``(B) The Secretary shall seek the advice and counsel of the \nAttorney General of the United States and the Secretary of Health and \nHuman Services concerning the development, and dissemination to \ninstitutions of higher education, of best practices information about \npreventing and responding to incidents of domestic violence, dating \nviolence, sexual assault, and stalking, including elements of \ninstitutional policies that have proven successful based on evidence-\nbased outcome measurements.''; and\n (8) by striking paragraph (17) and inserting the following:\n ``(17) No officer, employee, or agent of an institution \nparticipating in any program under this title shall retaliate, \nintimidate, threaten, coerce, or otherwise discriminate against any \nindividual for exercising their rights or responsibilities under any \nprovision of this subsection.''.\n (b) Effective Date.--The amendments made by this section shall take \neffect with respect to the annual security report under section \n485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) \nprepared by an institution of higher education 1 calendar year after \nthe date of enactment of this Act, and each subsequent calendar year.","summary":"Campus Sexual Violence Elimination Act - Amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality. And (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses, possible sanctions or protective measures imposed following disciplinary action, procedures victims should follow after such an offense occurs, institutional disciplinary procedures, information about how the IHE will protect victim confidentiality. The written notification of students and employees concerning on-campus and community services available for victims. And the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.","title":"Campus Sexual Violence Elimination Act","text_len":13055,"sum_len":2262} {"bill_id":"110_hr3539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airport and Airway Trust Fund \nFinancing Act of 2007''.\n\nSEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY \n TRUST FUND.\n\n (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--\n (1) Aviation-grade kerosene.--Subparagraph (A) of section \n 4081(a)(2) of the Internal Revenue Code of 1986 (relating to \n rates of tax) is amended by striking ``and'' at the end of \n clause (ii), by striking the period at the end of clause (iii) \n and inserting ``, and'', and by adding at the end the following \n new clause:\n ``(iv) in the case of aviation-grade \n kerosene, 35.9 cents per gallon.''.\n (2) Aviation gasoline.--Clause (ii) of section \n 4081(a)(2)(A) of such Code is amended by striking ``19.3 \n cents'' and inserting ``24.1 cents''.\n (3) Fuel removed directly into fuel tank of airplane used \n in noncommercial aviation.--Subparagraph (C) of section \n 4081(a)(2) of such Code is amended to read as follows:\n ``(C) Taxes imposed on fuel used in commercial \n aviation.--In the case of aviation-grade kerosene which \n is removed from any refinery or terminal directly into \n the fuel tank of an aircraft for use in commercial \n aviation by a person registered for such use under \n section 4101, the rate of tax under subparagraph \n (A)(iv) shall be 4.3 cents per gallon.''.\n (4) Conforming amendments.--\n (A) Clause (iii) of section 4081(a)(2)(A) of such \n Code is amended by inserting ``other than aviation-\n grade kerosene'' after ``kerosene''.\n (B) The following provisions of such Code are each \n amended by striking ``kerosene'' and inserting \n ``aviation-grade kerosene'':\n (i) Section 4081(a)(3)(A)(ii).\n (ii) Section 4081(a)(3)(A)(iv).\n (iii) Section 4081(a)(3)(D).\n (C) Section 4081(a)(3)(D) of such Code is amended--\n (i) by striking ``paragraph (2)(C)(i)'' in \n clause (i) and inserting ``paragraph (2)(C)'', \n and\n (ii) by striking ``paragraph (2)(C)(ii)'' \n in clause (ii) and inserting ``paragraph \n (2)(A)(iv)''.\n (D) Section 4081(a)(4) of such Code is amended in \n the heading by striking ``kerosene'' and inserting \n ``aviation-grade kerosene''.\n (E) Section 4081(d)(2) of such Code is amended by \n inserting ``, (a)(2)(A)(iv),'' after ``subsections \n (a)(2)(A)(ii)''.\n (b) Extension.--\n (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such \n Code is amended by striking ``gallon--'' and all that follows \n and inserting ``gallon after September 30, 2011''.\n (2) Taxes on transportation of persons and property.--\n (A) Persons.--Clause (ii) of section 4261(j)(1)(A) \n of such Code is amended by striking ``September 30, \n 2007'' and inserting ``September 30, 2011''.\n (B) Property.--Clause (ii) of section 4271(d)(1)(A) \n of such Code is amended by striking ``September 30, \n 2007'' and inserting ``September 30, 2011''.\n (c) Exemption for Aviation-Grade Kerosene Removed Into an \nAircraft.--Subsection (e) of section 4082 of such Code is amended--\n (1) by striking ``kerosene'' and inserting ``aviation-grade \n kerosene'',\n (2) by striking ``section 4081(a)(2)(A)(iii)'' and \n inserting ``section 4081(a)(2)(A)(iv)'', and\n (3) by striking ``Kerosene'' in the heading and inserting \n ``Aviation-Grade Kerosene''.\n (d) Retail Tax on Aviation Fuel.--\n (1) Exemption for previously taxed fuel.--Paragraph (2) of \n section 4041(c) of such Code is amended by inserting ``at the \n rate specified in subsection (a)(2)(A)(iv) thereof'' after \n ``section 4081''.\n (2) Rate of tax.--Paragraph (3) of section 4041(c) of such \n Code is amended to read as follows:\n ``(3) Rate of tax.--The rate of tax imposed by this \n subsection shall be the rate of tax in effect under section \n 4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any \n sale or use for commercial aviation).''.\n (e) Refunds Relating to Aviation-Grade Kerosene.--\n (1) Kerosene used in commercial aviation.--Clause (ii) of \n section 6427(l)(4)(A) of such Code is amended by striking \n ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the \n case may be,'' and inserting ``so imposed''.\n (2) Kerosene used in aviation.--Paragraph (4) of section \n 6427(l) of such Code is amended--\n (A) by striking subparagraph (B) and redesignating \n subparagraph (C) as subparagraph (B), and\n (B) by amending subparagraph (B), as redesignated \n by subparagraph (A), to read as follows:\n ``(B) Payments to ultimate, registered vendor.--\n With respect to any kerosene used in aviation (other \n than kerosene to which paragraph (6) applies), if the \n ultimate purchaser of such kerosene waives (at such \n time and in such form and manner as the Secretary shall \n prescribe) the right to payment under paragraph (1) and \n assigns such right to the ultimate vendor, then the \n Secretary shall pay (without interest) the amount which \n would be paid under paragraph (1) to such ultimate \n vendor, but only if such ultimate vendor--\n ``(i) is registered under section 4101, and\n ``(ii) meets the requirements of \n subparagraph (A), (B), or (D) of section \n 6416(a)(1).''.\n (3) Aviation-grade kerosene not used in aviation.--\n Subsection (l) of section 6427 of such Code is amended by \n redesignating paragraph (5) as paragraph (6) and by inserting \n after paragraph (4) the following new paragraph:\n ``(5) Refunds for aviation-grade kerosene not used in \n aviation.--If tax has been imposed under section 4081 at the \n rate specified in section 4081(a)(2)(A)(iv) and the fuel is \n used other than in an aircraft, the Secretary shall pay \n (without interest) to the ultimate purchaser of such fuel an \n amount equal to the amount of tax imposed on such fuel reduced \n by the amount of tax that would be imposed under section 4041 \n if no tax under section 4081 had been imposed.''.\n (4) Conforming amendments.--\n (A) Section 6427(i)(4) of such Code is amended--\n (i) by striking ``(4)(C)'' the first two \n places it occurs and inserting ``(4)(B)'', and\n (ii) by striking ``, (l)(4)(C)(ii), and'' \n and inserting ``and''.\n (B) Section 4082(d)(2)(B) of such Code is amended \n by striking ``6427(l)(5)(B)'' and inserting \n ``6427(l)(6)(B)''.\n (f) Airport and Airway Trust Fund.--\n (1) Extension of trust fund authorities.--\n (A) Expenditures from trust fund.--Paragraph (1) of \n section 9502(d) of such Code is amended--\n (i) in the matter preceding subparagraph \n (A) by striking ``October 1, 2007'' and \n inserting ``October 1, 2011'', and\n (ii) in subparagraph (A) by inserting ``or \n the FAA Reauthorization Act of 2007'' before \n the semicolon at the end.\n (B) Limitation on transfers to trust fund.--\n Paragraph (2) of section 9502(f) of such Code is \n amended by striking ``October 1, 2007'' and inserting \n ``October 1, 2011''.\n (2) Transfers to trust fund.--Subparagraph (C) of section \n 9502(b)(1) of such Code is amended to read as follows:\n ``(C) section 4081 with respect to aviation \n gasoline and aviation-grade kerosene, and''.\n (3) Transfers on account of certain refunds.--\n (A) In general.--Subsection (d) of section 9502 of \n such Code is amended--\n (i) in paragraph (2) by striking ``(other \n than subsection (l)(4) thereof)'', and\n (ii) in paragraph (3) by striking ``(other \n than payments made by reason of paragraph (4) \n of section 6427(l))''.\n (B) Conforming amendments.--\n (i) Section 9503(b)(4) of such Code is \n amended by striking ``or'' at the end of \n subparagraph (C), by striking the period at the \n end of subparagraph (D) and inserting a comma, \n and by inserting after subparagraph (D) the \n following:\n ``(E) section 4081 to the extent attributable to \n the rate specified in clause (ii) or (iv) of section \n 4081(a)(2)(A), or\n ``(F) section 4041(c).''.\n (ii) Section 9503(c) of such Code is \n amended by striking the last paragraph \n (relating to transfers from the Trust Fund for \n certain aviation fuel taxes).\n (iii) Section 9502(a) of such Code is \n amended by striking ``, section 9503(c)(7),''.\n (4) Transfers on account of aviation-grade kerosene not \n used in aviation.--Section 9502(d) of such Code is amended by \n adding at the end the following new paragraph:\n ``(7) Transfers from airport and airway trust fund on \n account of aviation-grade kerosene not used in aviation.--The \n Secretary of the Treasury shall pay from time to time from the \n Airport and Airway Trust Fund into the Highway Trust Fund \n amounts as determined by the Secretary of the Treasury \n equivalent to amounts transferred to the Airport and Airway \n Trust Fund with respect to aviation-grade kerosene not used in \n aviation.''.\n (5) Expenditures for air traffic control modernization.--\n Section 9502(d) of such Code, as amended by this Act, is \n amended by adding at the end the following new paragraph:\n ``(8) Expenditures for air traffic control modernization.--\n The following amounts may be used only for making expenditures \n to carry out air traffic control modernization:\n ``(A) So much of the amounts appropriated under \n subsection (b)(1)(C) as the Secretary estimates are \n attributable to--\n ``(i) 14.1 cents per gallon of the tax \n imposed at the rate specified in section \n 4081(a)(2)(A)(iv) in the case of aviation-grade \n kerosene used other than in commercial aviation \n (as defined in section 4083(b)), and\n ``(ii) 4.8 cents per gallon of the tax \n imposed at the rate specified in section \n 4081(a)(2)(A)(ii) in the case of aviation \n gasoline used other than in commercial aviation \n (as so defined).\n ``(B) Any amounts credited to the Airport and \n Airway Trust Fund under section 9602(b) with respect to \n amounts described in this paragraph.''.\n (g) Effective Date.--\n (1) Modifications.--Except as provided in paragraph (2), \n the amendments made by this section shall apply to fuels \n removed, entered, or sold after December 31, 2007.\n (2) Extensions.--The amendments made by subsections (b) and \n (f)(1) shall take effect on the date of the enactment of this \n Act.\n (h) Floor Stocks Tax.--\n (1) Imposition of tax.--In the case of aviation fuel which \n is held on January 1, 2008, by any person, there is hereby \n imposed a floor stocks tax on aviation fuel equal to--\n (A) the tax which would have been imposed before \n such date on such fuel had the amendments made by this \n section been in effect at all times before such date, \n reduced by\n (B) the sum of--\n (i) the tax imposed before such date on \n such fuel under section 4081 of the Internal \n Revenue Code of 1986, as in effect on such \n date, and\n (ii) in the case of kerosene held \n exclusively for such person's own use, the \n amount which such person would (but for this \n clause) reasonably expect (as of such date) to \n be paid as a refund under section 6427(l) of \n such Code with respect to such kerosene.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding aviation \n fuel on January 1, 2008, shall be liable for such tax.\n (B) Time and method of payment.--The tax imposed by \n paragraph (1) shall be paid on April 30, 2008, and in \n such manner as the Secretary of the Treasury shall \n prescribe.\n (3) Transfer of floor stock tax revenues to trust funds.--\n For purposes of determining the amount transferred to the \n Airport and Airway Trust Fund, the tax imposed by this \n subsection shall be treated as imposed by the provision of \n section 4081 of the Internal Revenue Code of 1986 which applies \n with respect to the aviation fuel involved.\n (4) Definitions.--For purposes of this subsection--\n (A) Aviation fuel.--The term ``aviation fuel'' \n means aviation-grade kerosene and aviation gasoline, as \n such terms are used within the meaning of section 4081 \n of the Internal Revenue Code of 1986.\n (B) Held by a person.--Aviation fuel shall be \n considered as held by a person if title thereto has \n passed to such person (whether or not delivery to the \n person has been made).\n (C) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or the Secretary's delegate.\n (5) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to any aviation fuel held by any \n person exclusively for any use to the extent a credit or refund \n of the tax is allowable under the Internal Revenue Code of 1986 \n for such use.\n (6) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1) on any aviation fuel held on January 1, \n 2008, by any person if the aggregate amount of such \n aviation fuel held by such person on such date does not \n exceed 2,000 gallons. The preceding sentence shall \n apply only if such person submits to the Secretary (at \n the time and in the manner required by the Secretary) \n such information as the Secretary shall require for \n purposes of this subparagraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account any aviation fuel \n held by any person which is exempt from the tax imposed \n by paragraph (1) by reason of paragraph (6).\n (C) Controlled groups.--For purposes of this \n subsection--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of subparagraph (A) shall apply to a group of \n persons under common control if 1 or more of \n such persons is not a corporation.\n (7) Other laws applicable.--All provisions of law, \n including penalties, applicable with respect to the taxes \n imposed by section 4081 of such Code on the aviation fuel \n involved shall, insofar as applicable and not inconsistent with \n the provisions of this subsection, apply with respect to the \n floor stock taxes imposed by paragraph (1) to the same extent \n as if such taxes were imposed by such section.\n ","summary":"Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon. (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline. And (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene. Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund. Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization.","title":"To amend the Internal Revenue Code of 1986 to extend financing for the Airport and Airway Trust Fund, and for other purposes.","text_len":18721,"sum_len":635} {"bill_id":"107_hr516","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Apples for Teachers Act''.\n\nSEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO \n APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF \n ELEMENTARY AND SECONDARY SCHOOL TEACHERS.\n\n (a) In General.--Section 67(b) of the Internal Revenue Code of 1986 \n(defining miscellaneous itemized deductions) is amended by striking \n``and'' at the end of paragraph (11), by striking the period at the end \nof paragraph (12) and inserting ``, and'', and by adding at the end the \nfollowing new paragraph:\n ``(13) any deduction allowable for the qualified \n professional development expenses paid or incurred by an \n eligible teacher.''.\n (b) Definitions.--Section 67 of such Code (relating to 2-percent \nfloor on miscellaneous itemized deductions) is amended by adding at the \nend the following new subsection:\n ``(g) Qualified Professional Development Expenses of Eligible \nTeachers.--For purposes of subsection (b)(13)--\n ``(1) Qualified professional development expenses.--\n ``(A) In general.--The term `qualified professional \n development expenses' means expenses--\n ``(i) for tuition, fees, books, supplies, \n equipment, and transportation required for the \n enrollment or attendance of an individual in a \n qualified course of instruction, and\n ``(ii) with respect to which a deduction is \n allowable under section 162 (determined without \n regard to this section).\n ``(B) Qualified course of instruction.--The term \n `qualified course of instruction' means a course of \n instruction which--\n ``(i) is--\n ``(I) directly related to the \n curriculum and academic subjects in \n which an eligible teacher provides \n instruction, or\n ``(II) designed to enhance the \n ability of an eligible teacher to \n understand and use State standards for \n the academic subjects in which such \n teacher provides instruction,\n ``(ii) may--\n ``(I) provide instruction in how to \n teach children with different learning \n styles, particularly children with \n disabilities and children with special \n learning needs (including children who \n are gifted and talented), or\n ``(II) provide instruction in how \n best to discipline children in the \n classroom and identify early and \n appropriate interventions to help \n children described in subclause (I) to \n learn,\n ``(iii) is tied to challenging State or \n local content standards and student performance \n standards,\n ``(iv) is tied to strategies and programs \n that demonstrate effectiveness in increasing \n student academic achievement and student \n performance, or substantially increasing the \n knowledge and teaching skills of an eligible \n teacher,\n ``(v) is of sufficient intensity and \n duration to have a positive and lasting impact \n on the performance of an eligible teacher in \n the classroom (which shall not include 1-day or \n short-term workshops and conferences), except \n that this clause shall not apply to an activity \n if such activity is one component described in \n a long-term comprehensive professional \ndevelopment plan established by an eligible teacher and the teacher's \nsupervisor based upon an assessment of the needs of the teacher, the \nstudents of the teacher, and the local educational agency involved, and\n ``(vi) is part of a program of professional \n development which is approved and certified by \n the appropriate local educational agency as \n furthering the goals of the preceding clauses.\n ``(C) Local educational agency.--The term `local \n educational agency' has the meaning given such term by \n section 14101 of the Elementary and Secondary Education \n Act of 1965, as in effect on the date of the enactment \n of this subsection.\n ``(2) Eligible teacher.--\n ``(A) In general.--The term `eligible teacher' \n means an individual who is a kindergarten through grade \n 12 classroom teacher in an elementary or secondary \n school.\n ``(B) Elementary or secondary school.--The terms \n `elementary school' and `secondary school' have the \n meanings given such terms by section 14101 of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so \nin effect.''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE \n CLASSROOM MATERIALS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO \n PROVIDE CLASSROOM MATERIALS.\n\n ``(a) Allowance of Credit.--In the case of an eligible teacher, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for such taxable year an amount equal to the qualified \nelementary and secondary education expenses which are paid or incurred \nby the taxpayer during such taxable year.\n ``(b) Maximum Credit.--The credit allowed by subsection (a) for any \ntaxable year shall not exceed $400.\n ``(c) Definitions.--\n ``(1) Eligible teacher.--The term `eligible teacher' means \n an individual who is a kindergarten through grade 12 classroom \n teacher, instructor, counselor, aide, or principal in an \n elementary or secondary school on a full-time basis for an \n academic year ending during a taxable year.\n ``(2) Qualified elementary and secondary education \n expenses.--The term `qualified elementary and secondary \n education expenses' means expenses for books, supplies (other \n than nonathletic supplies for courses of instruction in health \n or physical education), computer equipment (including related \n software and services) and other equipment, and supplementary \n materials used by an eligible teacher in the classroom.\n ``(3) Elementary or secondary school.--The term `elementary \n or secondary school' means any school which provides elementary \n education or secondary education (through grade 12), as \n determined under State law.\n ``(d) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this chapter for any expense for which credit is \n allowed under this section.\n ``(2) Application with other credits.--The credit allowable \n under subsection (a) for any taxable year shall not exceed the \n excess (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 30B. Credit to elementary and \n secondary school teachers who \n provide classroom materials.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.","summary":"Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers. And (2) allow a credit to elementary and secondary school teachers who provide classroom materials.","title":"To amend the Internal Revenue Code of 1986 to provide tax relief to elementary and secondary school teachers.","text_len":9192,"sum_len":316} {"bill_id":"107_hr5297","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Continuation Coverage \nAct of 2002''.\n\nSEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE.\n\n (a) Establishment.--\n (1) In general.--Not later than 60 days after the date of \n enactment of this Act, the Secretary of the Treasury, in \n consultation with the Secretary of Labor, shall establish a \n program under which premium assistance for COBRA continuation \n coverage shall be provided for qualified individuals under this \n section.\n (2) Qualified individuals.--For purposes of this section, a \n qualified individual is an individual who--\n (A) establishes that the individual--\n (i) on or after July 1, 2001, became \n entitled to elect COBRA continuation coverage; \n and\n (ii) has elected such coverage; and\n (B) enrolls in the premium assistance program under \n this section by not later than the end of such 1-year \n period.\n (b) Limitation of Period of Premium Assistance.--Premium assistance \nprovided under this subsection shall end with respect to an individual \non the earlier of--\n (1) the date the individual is no longer covered under \n COBRA continuation coverage; or\n (2) 12 months after the date the individual is first \n enrolled in the premium assistance program established under \n this section.\n (c) Payment, and Crediting of Assistance.--\n (1) Amount of assistance.--Premium assistance provided \n under this section shall be equal to 100 percent of the amount \n of the premium required for the COBRA continuation coverage.\n (2) Provision of assistance.--Premium assistance provided \n under this section shall be provided through the establishment \n of direct payment arrangements with the administrator of the \n group health plan (or other entity) that provides or \n administers the COBRA continuation coverage. It shall be a \n fiduciary duty of such administrator (or other entity) to enter \n into such arrangements under this section.\n (3) Premiums payable by qualified individual reduced by \n amount of assistance.--Premium assistance provided under this \n section shall be credited by such administrator (or other \n entity) against the premium otherwise owed by the individual \n involved for such coverage.\n (d) Change in COBRA Notice.--\n (1) General notice.--\n (A) In general.--In the case of notices provided \n under section 4980B(f)(6) of the Internal Revenue Code \n of 1986 with respect to individuals who, on or after \n July 1, 2001, become entitled to elect COBRA \n continuation coverage, such notices shall include an \n additional notification to the recipient of the \n availability of premium assistance for such coverage \n under this section.\n (B) Alternative notice.--In the case of COBRA \n continuation coverage to which the notice provision \n under section 4980B(f)(6) of the Internal Revenue Code \n of 1986 does not apply, the Secretary of the Treasury \n shall, in coordination with administrators of the group \n health plans (or other entities) that provide or \n administer the COBRA continuation coverage involved, \n assure provision of such notice.\n (C) Form.--The requirement of the additional \n notification under this paragraph may be met by \n amendment of existing notice forms or by inclusion of a \n separate document with the notice otherwise required.\n (2) Specific requirements.--Each additional notification \n under paragraph (1) shall include--\n (A) the forms necessary for establishing \n eligibility under subsection (a)(2)(A) and enrollment \n under subsection (a)(2)(B) in connection with the \n coverage with respect to each covered employee or other \n qualified beneficiary;\n (B) the name, address, and telephone number \n necessary to contact the plan administrator and any \n other person maintaining relevant information in \n connection with the premium assistance; and\n (C) the following statement displayed in a \n prominent manner:\n ``You may be eligible to receive assistance with payment of 100 \npercent of your COBRA continuation coverage premiums for a duration of \nnot to exceed 12 months.''.\n (3) Notice relating to retroactive coverage.--In the case \n of such notices previously transmitted before the date of the \n enactment of this Act in the case of an individual described in \n paragraph (1) who has elected (or is still eligible to elect) \n COBRA continuation coverage as of the date of the enactment of \n this Act, the administrator of the group health plan (or other \n entity) involved or the Secretary of the Treasury (in the case \n described in the paragraph (1)(B)) shall provide (within 60 \n days after the date of the enactment of this Act) for the \n additional notification required to be provided under paragraph \n (1).\n (4) Model notices.--The Secretary shall prescribe models \n for the additional notification required under this subsection.\n (f) Obligation of Funds.--This section constitutes budget authority \nin advance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of premium assistance \nunder this section.\n (g) Prompt Issuance of Guidance.--The Secretary of the Treasury, in \nconsultation with the Secretary of Labor, shall issue guidance under \nthis section not later than 30 days after the date of the enactment of \nthis Act.\n (h) Definitions.--In this section:\n (1) Administrator.--The term ``administrator'' has the \n meaning given such term in section 3(16) of the Employee \n Retirement Income Security Act of 1974.\n (2) COBRA continuation coverage.--The term ``COBRA \n continuation coverage'' means continuation coverage provided \n pursuant to title XXII of the Public Health Service Act, \n section 4980B of the Internal Revenue Code of 1986 (other than \n subsection (f)(1) of such section insofar as it relates to \n pediatric vaccines), part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974 (other than \n under section 609), section 8905a of title 5, United States \n Code, or under a State program that provides continuation \n coverage comparable to such continuation coverage.\n (3) Group health plan.--The term ``group health plan'' has \n the meaning given such term in section 9832(a) of the Internal \n Revenue Code of 1986.\n (4) State.--The term ``State'' includes the District of \n Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, \n Guam, American Samoa, and the Commonwealth of the Northern \n Mariana Islands.\n\nSEC. 3. TEMPORARY MEDICAID COVERAGE FOR CERTAIN UNINSURED EMPLOYEES.\n\n (a) In General.--Notwithstanding any other provision of law, with \nrespect to any month, as a condition for the receipt of Federal \nfinancial participation under title XIX of the Social Security Act, a \nState shall provide, under its medicaid program under such title, \nmedical assistance in the case of an individual--\n (1) who has become totally or partially separated from \n employment on or after July 1, 2001;\n (2) who is not eligible for COBRA continuation coverage; \n and\n (3) who is uninsured;\nand to the individual's spouse and dependents (as defined for purposes \nof the Internal Revenue Code of 1986) if they also are uninsured.\n (b) Limitation of Period of Coverage.--Assistance under this \nsection shall end with respect to an individual on the earlier of--\n (1) the date the individual is no longer uninsured; or\n (2) 12 months after the date the individual is first \n determined to be eligible for medical assistance under this \n section.\n (c) Special Rules.--In the case of medical assistance provided \nunder this section--\n (1) the Federal medical assistance percentage under section \n 1905(b) of the Social Security Act shall be the enhanced FMAP \n (as defined in section 2105(b) of such Act);\n (2) a State may elect to apply alternative income, asset, \n and resource limitations and the provisions of section 1916(g) \n of such Act, except that in no case shall a State cover \n individuals with higher family income without covering \n individuals with a lower family income;\n (3) such medical assistance shall not be provided for \n periods before the date the individual becomes uninsured;\n (4) individuals eligible for medical assistance under this \n section shall be deemed to be described in the list of \n individuals described in the matter preceding paragraph (1) of \n section 1905(a) of such Act;\n (5) a State may elect to provide such medical assistance \n without regard to any limitation under sections 401(a), 402(b), \n 403, and 421 of the Personal Responsibility and Work \n Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), \n 1612(b), 1613, and 1631) and no debt shall accrue under an \n affidavit of support against any sponsor of an individual who \n is an alien who is provided such assistance, and the cost of \n such assistance shall not be considered as an unreimbursed \n cost; and\n (6) the Secretary of Health and Human Services shall not \n count, for purposes of section 1108(f) of the Social Security \nAct, such amount of payments under this section as bears a reasonable \nrelationship to the average national proportion of payments made under \nthis section for the 50 States and the District of Columbia to the \npayments otherwise made under title XIX for such States and District.\n (d) Definitions.--For purposes of this subtitle:\n (1) Uninsured.--The term ``uninsured'' means, with respect \n to an individual, that the individual is not covered under--\n (A) a group health plan (as defined in section \n 2791(a) of the Public Health Service Act),\n (B) health insurance coverage (as defined in \n section 2791(b)(1) of the Public Health Service Act), \n or\n (C) a program under title XVIII, XIX, or XXI of the \n Social Security Act, other than under such title XIX \n pursuant to this section.\n For purposes of this paragraph, such coverage under \n subparagraph (A) or (B) shall not include coverage consisting \n solely of coverage of excepted benefits (as defined in section \n 2791(c) of the Public Health Service Act).\n (2) COBRA continuation coverage.--The term ``COBRA \n continuation coverage'' means coverage under a group health \n plan provided by an employer pursuant to title XXII of the \n Public Health Service Act, section 4980B of the Internal \n Revenue Code of 1986, part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974, or section \n 8905a of title 5, United States Code.\n (3) State.--The term ``State'' has the meaning given such \n term for purposes of title XIX of the Social Security Act.\n (e) Effective Date.--This section shall take effect upon its \nenactment, whether or not regulations implementing this section are \nissued.\n\nSEC. 4. TEMPORARY COVERAGE FOR UNSUBSIDIZED PORTION OF COBRA \n CONTINUATION PREMIUMS.\n\n (a) In General.--Notwithstanding any other provision of law, with \nrespect to COBRA continuation coverage provided for any month, as a \ncondition of receipt of Federal financial participation under title XIX \nof the Social Security Act, a State shall provide payment of the \nunsubsidized portion of the premium for COBRA continuation coverage in \nthe case of any individual--\n (1) who has become totally or partially separated from \n employment on or after July 1, 2001; and\n (2) who is eligible for, and has elected coverage under, \n COBRA continuation coverage;\nand to the individual's spouse and dependents (as defined for purposes \nof the Internal Revenue Code of 1986) if they also are eligible for \nsuch coverage and are otherwise uninsured.\n (b) Limitation of Period of Coverage.--Premium assistance under \nthis section shall end with respect to an individual on the earlier \nof--\n (1) the date the individual is no longer covered under \n COBRA continuation coverage; or\n (2) 12 months after the date the individual is first \n determined to be eligible for premium assistance under this \n section.\n (c) Financial Payment to States.--A State providing premium \nassistance under this section shall be entitled to payment under \nsection 1903(a) of the Social Security Act with respect to such \nassistance (and administrative expenses relating to such assistance) in \nthe same manner as such State is entitled to payment with respect to \nmedical assistance (and such administrative expenses) under such \nsection, except that, for purposes of this subsection, any reference to \nthe Federal medical assistance percentage shall be deemed a reference \nto the enhanced FMAP (as defined in section 2105(b) of such Act). The \nprovisions of subsections (c)(5) and (c)(6) of section 3 shall apply \nwith respect to this section in the same manner as it applies under \nsuch section.\n (d) Unsubsidized Portion of Premium for COBRA Continuation \nCoverage.--For purposes of this section, the term `unsubsidized portion \nof premium for COBRA continuation coverage' means that portion of the \npremium for COBRA continuation coverage for which there is no financial \nassistance available under section 2.\n (e) Effective Date.--This section shall take effect upon its \nenactment, whether or not regulations implementing this section are \nissued.\n\nSEC. 5. AMENDMENT TO THE FOOD STAMP ACT OF 1977.\n\n (a) Amendment.--Section 5(d) of the Food Stamp Act of 1977 (7 \nU.S.C. 2014(d)) is amended--\n (1) by striking ``and (15)'' and inserting ``(15)'', and\n (2) by inserting before the period at the end the \n following: ``, and (16) compensation under the State's \n unemployment compensation law (including amounts payable \n pursuant to an agreement under a Federal unemployment \n compensation law)''.\n (b) Application of Amendment.--The amendment made by subsection (a) \nshall not apply with respect to certification periods that begin before \nthe date of the enactment of this Act.","summary":"Health Care Continuation Coverage Act of 2002 - Directs the Secretary of the Treasury to establish a program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Public Health Service Act, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974 (ERISA). Requires States to provide temporary Medicaid coverage, under title XIX (Medicaid) of the Social Security Act, for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001, (2) are not eligible for COBRA continuation coverage. And (3) are not covered under a group health plan, health insurance, Medicare, or Medicaid. Includes coverage of such individuals' spouses and dependents who are also uninsured. Requires States, under Medicaid, to pay the unsubsidized portion of COBRA continuation benefits for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001. And (2) are eligible for COBRA continuation coverage. Includes coverage of such individuals' spouses and dependents who are also eligible and otherwise uninsured. Amends the Food Stamp Act of 1977 to exclude unemployment compensation in determining eligibility and benefits under such Act.","title":"To provide for health care premium assistance; and to amend the Food Stamp Act of 1977 to exclude unemployment compensation for purposes of determining eligibility and benefits under such Act.","text_len":15538,"sum_len":1331} {"bill_id":"111_hr421","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Troubled Assets Relief Program \nTargeted Assets Act of 2009''.\n\nSEC. 2. DEFINITIONS.\n\n Section 3 of the Emergency Economic Stabilization Act of 2008 \n(division A of Public Law 110-343) is amended by striking paragraph (9) \nand inserting the following new paragraphs:\n ``(9) Troubled assets.--The term `troubled assets' means--\n ``(A) any residential mortgage, and any security, \n obligation, or other instrument that is based on or \n related to such mortgage--\n ``(i) is in pre-foreclosure;\n ``(ii) with respect to which the borrower \n has missed at least 2 payments within the last \n 6 months; or\n ``(iii) which is in forbearance; or\n ``(B) any other financial instrument that the \n Secretary, after consultation with the Chairman of the \n Board of Governors of the Federal Reserve System, \n determines the purchase of which is necessary to \n promote financial market stability, but only upon \n transmittal of such determination, in writing, to the \n appropriate committees of Congress.\n ``(10) Rehabilitated mortgage.--The term `rehabilitated \n mortgage' means a mortgage which has been restructured, \n refinanced or otherwise modified to lower the borrower's \n monthly payment--\n ``(A) creating a front-end debt ratio, including \n the cost of mortgage principal, interest, taxes, and \n insurance, of no more than 30 percent of the gross \n monthly income of the borrower; or\n ``(B) to a term deemed affordable by the borrower \n after full disclosure by the lender and pursuant to \n rules as may be established by the Secretary.\n ``(11) Independent appraiser.--The term `independent \n appraiser' means a person who--\n ``(A) is licensed pursuant to the laws and \n regulations of the State where the person practices;\n ``(B) is disclosed to the borrower or buyer; and\n ``(C) is not coerced, extorted, induced, \n intimidated, bribed or otherwise influenced by or in \n collusion with the mortgage lender, mortgaged broker, \n mortgage banker, real estate broker, appraisal \n management company or other persons or companies having \n a vested interest in the transaction.''.\n\nSEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES.\n\n Section 101 of the Emergency Economic Stabilization Act of 2008 \n(division A of Public Law 110-343) is amended by striking subsection \n(a) and inserting the following new subsection:\n ``(a) Authority.--\n ``(1) In general.--The Secretary is authorized to establish \n the Troubled Asset Restoration and Assistance Program \n (hereafter in this title referred to as the `TARAP') to allow \n the Treasury to purchase lender or servicer `losses' on \n rehabilitated mortgages, on such terms and conditions as are \n defined in this Act and determined by the Secretary.\n ``(2) Authority to purchase.--Through the TARAP, the \n Treasury shall pay up to 80 percent of the difference between \n the original asset and the rehabilitated asset to the lender or \n servicer under certain conditions.\n ``(3) Write off of remainder.--That portion of the \n difference between the original asset and the rehabilitated \n asset to the lender or servicer that is not paid for by the \n Secretary under paragraph (2) may be written to loss.''.\n\nSEC. 4. REGULATIONS AND GUIDELINES.\n\n Section 101(c) of the Emergency Economic Stabilization Act of 2008 \n(division A of Public Law 110-343) is amended by striking paragraph (5) \nand inserting the following new paragraphs:\n ``(5) Issuing such regulations and other guidance as may be \n necessary or appropriate to define terms or carry out the \n authorities or purposes of this title including determining \n qualifications for an independent appraiser, making the final \n determinations as to whether an asset is troubled, what the \n values are that will determine the amount of purchase, the \n amount of reductions in the purchase price for purposes of \n subsection (d)(2), and any other functionality issues required \n to operate the program.\n ``(6) Conforming to guidelines established in subsection \n (g), the Secretary is authorized to make all necessary rules \n and determinations regarding documented best efforts, required \n timelines, and other processes and procedures.''.\n\nSEC. 5. ELIGIBLE ASSET.\n\n Section 101 of the Emergency Economic Stabilization Act of 2008 \n(division A of Public Law 110-343) is amended--\n (1) by striking subsection (d);\n (2) by redesignating subsection (e) as subsection (i); and\n (3) by inserting after subsection (c) the following new \n subsections:\n ``(d) Eligible Assets.--\n ``(1) In general.--An asset is eligible for TARAP if--\n ``(A) it is the borrower's primary residence; and\n ``(B) it--\n ``(i) is a troubled asset, as defined in \n section 3(9); or\n ``(ii) it was a troubled asset but has been \n rehabilitated by the servicer or lender (as \n defined in section 3(10)) on or after October \n 3, 2008, and allowing the borrower to remain in \n the borrower's home.\n ``(2) Assets not included.--An asset is not eligible for \n TARAP if--\n ``(A) it was valued at more than 150 percent of the \n current fair market value; and\n ``(B) the original value was assessed solely by the \n lender's appraiser,\n unless the servicer or lender agrees to such reduction in the \n purchase amount as the Secretary may require as a condition for \n the purchase.\n ``(f) Eligible Lender or Servicer.--A lender or servicer is \neligible for TARAP assistance if--\n ``(1) the lender or servicer has agreed to full disclosure \n requirements as may be established by the Secretary; or\n ``(2) the lender or servicer has agreed to use an \n independent appraiser and standard appraisal practices as may \n be established by the Secretary;\n ``(g) Program Guidelines.--\n ``(1) TARAP shall pay a servicer or lender up to 80 percent \n of the difference between the original asset and rehabilitated \n asset pursuant to such regulations as may be prescribed by the \n Secretary.\n ``(2) The servicer or lender shall use documented best \n efforts, prior to foreclosure, to work with the borrower to \n create an affordable front-end debt ratio of up to 30 percent \n of the borrower's gross monthly income.\n ``(3) The Secretary may establish mechanisms to provide for \n those assets which cannot be rehabilitated under the preceding \n guidelines.\n ``(h) Program Termination.--All authority under this section ceases \nno later than December 31, 2009.''.\n\nSEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A \n CONSUMER FOR A 90-DAY PERIOD.\n\n (a) In General.--Notwithstanding any provision of any State or \nFederal law, after the date of the enactment of this Act, no creditor, \nservicer, or holder of such mortgage, or any other person acting on \nbehalf of any such creditor, servicer, or holder, may take any action \nto initiate a foreclosure, whether judicial or nonjudicial, or any \naction in connection with a foreclosure already instituted other than \nto suspend such foreclosure, with respect to any eligible mortgage of a \nconsumer, until the end of the 90-day period beginning on the date of \nthe enactment of this Act.\n (b) Action by Consumer.--\n (1) In general.--After the date of the enactment of this \n Act, any consumer shall have the right to defer any initiation \n of a foreclosure, whether judicial or nonjudicial, or any \n action in connection with a foreclosure already instituted, \n including any foreclosure sale, with respect to any eligible \n mortgage by any creditor, servicer, or holder of such mortgage, \n or any other person acting on behalf of any such creditor, \n servicer, or holder, until the end of the 90-day period \n beginning on the date of the enactment of this Act.\n (2) Enforcement of right.--Any consumer may defend against \n a foreclosure or bring an action in any court of competent or \n general jurisdiction to compel compliance with the right of the \n consumer under paragraph (1) to defer any initiation of a \n foreclosure or any action in connection with a foreclosure \n already instituted, including any foreclosure sale, with \n respect to any eligible mortgage.\n (c) Rule of Construction.--No provision of this section shall be \nconstrued as affecting or altering the obligations of the consumer \nunder the terms of the eligible mortgage notwithstanding any deferral \nof foreclosure.\n (d) Eligible Mortgage Defined.--For purposes of this section, the \nterm ``eligible mortgage'' means any residential mortgage loan to any \nconsumer that constitutes a first lien on the dwelling or real property \nsecuring the loan which constitutes, or on which is located, the \nprincipal residence of the consumer.","summary":"Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary. Directs the Treasury, acting through TARAP, to pay up to 80 of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss. Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled. (2) what the values are that will determine the amount of purchase. (3) the amount of reductions in the purchase price for certain otherwise ineligible assets. And (4) any other functionality issues required to operate the program. Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures. Identifies criteria for eligible assets and eligible lenders or servicers. Sunsets TARAP on December 31, 2009. Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted , with respect to any eligible mortgage of a consumer. Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act.","title":"To amend the Emergency Economic Stabilization Act of 2008 to restrict which assets banks can write off as loss for purposes of the Troubled Assets Relief Program, and for other purposes.","text_len":10038,"sum_len":1971} {"bill_id":"113_hr5261","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Central American and USA Initiatives \nAct'' or the ``CAUSA Initiatives Act''.\n\nSEC. 2. NORTH AND CENTRAL AMERICAN BORDER SECURITY COOPERATION \n INITIATIVE.\n\n (a) Border Security Cooperation Initiative.--\n (1) In general.--The Secretary of Homeland Security, in \n coordination with the Secretary of State and other appropriate \n United States officials, shall work with the appropriate \n officials of the Government of Canada and the Government of \n Mexico, in conjunction with representatives from the \n governments of Central American countries, to establish a \n program to--\n (A) assess the specific needs of Central American \n countries to maintain the security of the international \n borders of such countries;\n (B) determine the support needed by such countries \n from the United States, Canada, and Mexico, to meet \n such needs; and\n (C) assess the current structure for handling \n displaced minors and other vulnerable individuals in \n Central American countries and recommendations to \n improve such structure.\n (2) Consideration.--Any actions taken pursuant to this \n subsection by the individuals referred to in paragraph (1) \n shall be taken in accordance with the goals of advancing human \n rights and economic opportunities, as well as programming and \n support for the rule of law, good governance, and civil \n society.\n (b) Report.--The Secretary of Homeland Security shall submit to the \nCommittee on Homeland Security and the Committee on Foreign Affairs of \nthe House of Representatives and the Committee on Homeland Security and \nGovernmental Affairs and the Committee on Foreign Relations of the \nSenate a report on the assessments and determination carried out in \naccordance with subsection (a).\n\nSEC. 3. CARIBBEAN BORDER SECURITY COOPERATION INITIATIVES.\n\n (a) In General.--The Secretary of Homeland Security, in cooperation \nwith the Secretary of State, shall work with appropriate officials of \nthe governments of the countries of the Caribbean to establish a \nprogram to assess the specific needs of such countries to address the \nunique challenges of maritime border security.\n (b) Report.--The Secretary of Homeland Security shall submit to the \nCommittee on Homeland Security and the Committee on Foreign Affairs of \nthe House of Representatives and the Committee on Homeland Security and \nGovernmental Affairs and the Committee on Foreign Relations of the \nSenate a report on the assessment of needs carried out in accordance \nwith subsection (a).\n\nSEC. 4. ENHANCING THE SECURITY OF MEXICO'S SOUTHERN BORDER.\n\n (a) In General.--The Secretary of Homeland Security, in \ncoordination with the Secretary of State, shall work with appropriate \nofficials of the Government of Mexico to establish a program to assess \nthe specific needs of Mexico to help secure Mexico's southern border \nfrom undocumented aliens, drugs, weapons, and other contraband. Such \nplan shall include--\n (1) a comprehensive plan for the deployment and use of \n technology along the southern border of Mexico, which at a \n minimum shall contain--\n (A) an assessment of current technology \n capabilities along the southern border of Mexico;\n (B) a description of the research and development \n capabilities of the Government of Mexico, and \n collaboration between the Science and Technology \n Directorate of the Department of Homeland Security to \n help improve such capabilities; and\n (C) a description of Mexico's technology needs to \n address southern border crossing transportation \n screening, including vehicle, pedestrian and rail \n screening; and\n (2) a comprehensive plan for the repatriation of migrants \n to their home countries, which at a minimum shall contain--\n (A) a description of the ways the Government of \n Mexico and the Government of the United States can \n coordinate with international non-governmental \n organizations to ensure humane repatriation methods are \n practiced;\n (B) a description of the training, personnel and \n equipment needed to implement such a repatriation \n program; and\n (C) an assessment of current and future land and \n rail ports of entry infrastructure that will be needed \n to maintain legitimate border activity along the \n southern border of Mexico.\n (b) Report.--The Secretary of Homeland Security shall submit to the \nCommittee on Homeland Security and the Committee on Foreign Affairs of \nthe House of Representatives and the Committee on Homeland Security and \nGovernmental Affairs and the Committee on Foreign Relations of the \nSenate a report on the assessment of needs carried out in accordance \nwith subsection (a).\n\nSEC. 5. IMPROVING UNITED STATES SHORT TERM DETENTION STANDARDS.\n\n (a) Proper Access to Adequate Facilities and Personal Needs Upon or \nas Soon as Practicable Following Apprehension and During Short Term \nDetention at Border Patrol Processing Centers.--The Secretary of \nHomeland Security, acting through the Commissioner of U.S. Customs and \nBorder Protection, shall ensure that adequate facilities and sustaining \nneeds, such as access to food and water, medical care and sanitary \nfacilities, are provided to an individual apprehended and detained by a \nBorder Patrol agent between ports of entry upon or as soon as \npracticable following the time of such apprehension or during \nsubsequent short term detention.\n (b) Access to Information on Detainee Rights at Border Patrol \nProcessing Centers.--\n (1) In general.--The Secretary of Homeland Security, acting \n through Commissioner of U.S. Customs and Border Protection, \n shall ensure that an individual unlawfully present in the \n United States who is apprehended by a Border Patrol agent is \n promptly provided with information concerning such individual's \n rights, including the right to contact a representative of such \n individual's government for purposes of United States treaty \n obligations.\n (2) Form.--The information referred to in paragraph (1) may \n be provided either verbally or in writing by the apprehending \n Border Patrol agent, and shall be posted in the detention \n holding cell in which such individual is being held. The \n information shall be provided in a language understandable to \n such individual.\n (c) Documentation Concerning Repatriated Individuals.--The \nSecretary of Homeland Security, acting through Commissioner of U.S. \nCustoms and Border Protection, shall establish and maintain a database \ncontaining the following information relating to individuals unlawfully \npresent in the United States who are apprehended and detained by Border \nPatrol agents:\n (1) Information on the location of apprehension.\n (2) Information on family members separated by the Border \n Patrol during apprehension or detention.\n (3) Information on the medical conditions of apprehended \n and detained individuals during short term detention.\n (4) Information on any personal property that was returned \n to the individual upon repatriation.\n (d) Daytime Repatriation.--Repatriations shall be limited to \ndaylight hours and avoid locations that are determined to have high \nindices of crime and violence.\n (e) Short Term Detention Defined.--In this section, the term \n``short term detention'' means detention of an individual in a Border \nPatrol processing center for 72 hours or less, before repatriation of \nsuch individual to such individual's country of nationality or last \nhabitual residence.\n (f) Report.--Not later than 90 days after the date of the enactment \nof this section, the Comptroller General of the United States shall \nsubmit to the Committee on Homeland Security of the House of \nRepresentatives and the Committee on Homeland Security and Governmental \nAffairs of the Senate a report on the procurement process and standards \nof entities with which the Department of Homeland Security has \ncontracts for the transportation and detention of individuals \nunlawfully present in the United States who are apprehended by agents \nor officers of the Department. Such report should also consider the \noperational efficiency of contracting out for the transportation and \ndetention of individuals unlawfully present in the United States.","summary":"Central American and USA Initiatives Act or the CAUSA Initiatives Act - Directs the Secretary of Homeland Security (DHS) to work with Canada, Mexico, and the countries of Central America to establish a program to: assess the needs of Central American countries to maintain the security of their international borders. Determine the support needed by such countries from the United States, Canada, and Mexico to meet such needs. And assess the current structure for handling displaced minors and other vulnerable individuals in Central American countries and make recommendations to improve such structure. Directs the Secretary to work with: the Caribbean countries to establish a program to address maritime border security. And Mexico to establish a program to help secure Mexico's southern border from undocumented aliens, drugs, weapons, and other contraband. Directs the Secretary, through the Commissioner of US Customs and Border Protection, to: ensure that adequate facilities and sustaining needs are provided to an individual apprehended and detained by the Border Patrol as soon as practicable, ensure that an individual unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such individual's rights, and maintain a database on individuals unlawfully present in the United States who are apprehended and detained by Border Patrol agents.","title":"CAUSA Initiatives Act","text_len":9045,"sum_len":1427} {"bill_id":"112_hr2671","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Charles August Long Undiagnosed \nDiseases Research and Collaboration Network Act of 2011'' or the ``CAL \nUndiagnosed Diseases Research and Collaboration Network Act of 2011''.\n\nSEC. 2. CAL NETWORK OF UNDIAGNOSED DISEASES.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by inserting after section 317T the following:\n\n``SEC. 317U. THE NATIONAL CAL NETWORK OF UNDIAGNOSED DISEASES.\n\n ``(a) Establishment.--The Secretary, acting through the Director of \nNIH, shall establish and maintain an undiagnosed diseases patient \nnetwork (in this section referred to as the `CAL Network').\n ``(b) Purposes.--The purposes of the CAL Network shall be to--\n ``(1) provide physicians who are handling cases of \n undiagnosed diseases with a means, consistent with applicable \n privacy laws, including HIPAA privacy and security law (as \n defined in section 3009(a)(2)), to search for similar cases and \n to network and collaborate with the physicians handling such \n similar cases in order to find a diagnosis and to improve \n patient care and outcomes;\n ``(2) better enable and examine cross-disease research \n whereby cases of undiagnosed diseases can be cross-referenced \n against attributes of common diseases and rare diseases to \n assist in the rendering of a diagnosis; elucidate \n commonalities; identify atypical presentations, rare subgroups, \n similar findings; and identify potential treatments;\n ``(3) better describe the types and prevalence of cases of \n undiagnosed diseases in the United States;\n ``(4) make necessary data available to elucidate \n appropriate factors (such as genetic, environmental, and \n occupational factors) that may be associated with the various \n types of cases of undiagnosed diseases reported by individuals \n specified by the Director of NIH;\n ``(5) better outline key demographic factors (such as age, \n race or ethnicity, gender, sex, geographic location, and family \n medical history) of individuals who are undiagnosed;\n ``(6) provide such data necessary to better understand the \n length of time for a diagnoses to be rendered in cases of \n undiagnosed diseases and to identify barriers to diagnoses and \n reasons for misdiagnosis of diseases; and\n ``(7) provide such information necessary to determine, in \n order to improve access of individuals with undiagnosed \n diseases throughout the United States (including those with \n severe illnesses which limit or restrict travel) to programs \n similar to the Undiagnosed Disease Program conducted at the \n National Institutes of Health, if the needs and number of such \n individuals support--\n ``(A) the expansion of such Undiagnosed Disease \n Program, as in existence as of the date of the \n enactment of this section, to include the establishment \n of additional undiagnosed diseases programs of like \n scope and nature at other locations throughout the \n United States; and\n ``(B) the establishment by entities other than the \n National Institutes of Health of separate undiagnosed \n disease programs of like scope and nature to the \n Undiagnosed Disease Program at locations throughout the \n United States under the guidance of and through grants \n provided by and through such Undiagnosed Diseases \n Program.\n ``(c) Content of the CAL Network.--The Secretary shall include in \nthe CAL Network such information respecting undiagnosed diseases as the \nSecretary deems appropriate for the purposes described in subsection \n(b) and other purposes to facilitate the early recognition, treatment, \ncure, and control of such diseases.\n ``(d) Availability.--\n ``(1) Design requirements.--Subject to paragraph (2), for \n the purposes described in subsection (c) and consistent with \n applicable privacy laws, including HIPAA privacy and security \n law (as defined in section 3009(a)(2)), the Secretary shall \n ensure that the CAL Network is designed in such a manner as \n to--\n ``(A) make the information in the CAL Network \n available to appropriate health care professionals, \n patients, and other qualified individuals and \n organizations, as determined by the Secretary, who are \n registered to access such network in accordance with \n such process and requirements as specified by the \n Secretary;\n ``(B) make epidemiological and other types of \n information obtained through the CAL Network available \n to Federal agencies and health-related agencies;\n ``(C) provide for different levels and types of \n access to such network to be granted based on the \n circumstances and individuals involved; and\n ``(D) allow for an individual to have only the \n level and type of access to the network so granted.\n ``(2) Information which may not be publically disclosed.--\n The design under paragraph (1) shall ensure that the following \n information is not publicly disclosed:\n ``(A) Individually identifiable information.\n ``(B) Trade secrets or commercial or financial \n information obtained from a person and privileged or \n confidential, as provided in section 552(b)(4) of title \n 5, United States Code.\n ``(e) Grants.--The Secretary, acting through the Director of NIH, \nmay award grants to, and enter into contracts and cooperative \nagreements with, public or private nonprofit entities for--\n ``(1) the collection, analysis, and reporting of data on \n cases of undiagnosed diseases and other disorders that can \n often go undiagnosed or be misdiagnosed as other diseases or \n disorders; and\n ``(2) the establishment of separate undiagnosed disease \n programs described in subsection (b)(7)(B).\n ``(f) Implementation Schedule.--In carrying out this section, the \nSecretary shall--\n ``(1) not later than 1 year after the date of the enactment \n of this section, complete any study, research, and development \n necessary to implement the CAL Network; and\n ``(2) complete the implementation of the CAL Network such \n that it is fully operational by not later than September 30, \n 2013.\n ``(g) Undiagnosed Diseases Defined.--For purposes of this section, \nthe term `undiagnosed disease' means a medically unexplained chronic \nmulti-symptom disease that--\n ``(1) causes the decline of, limitations in, or cessation \n of a person's developmental status, functional status, quality \n of life, or any combination thereof;\n ``(2) has not been diagnosed by a medical specialist in a \n tertiary medical center;\n ``(3) is defined by a cluster of signs or symptoms; which \n by history, physical examination, and laboratory tests cannot \n be attributed to any known clinical diagnosis;\n ``(4) is without conclusive pathophysiology or etiology;\n ``(5) is characterized by overlapping symptoms and signs; \n or\n ``(6) exhibits an inconsistent demonstration of laboratory \n abnormalities.\n ``(h) Authorization of Appropriations.--\n ``(1) In general.--To carry out this section, there are \n authorized to be appropriated $5,000,000 for the period of \n fiscal years 2012 through 2017.\n ``(2) Offset.--To offset amounts appropriated pursuant to \n the authorization of appropriations in paragraph (1), the \n Secretary shall reduce funds that would otherwise be obligated \n and expended under the account heading `National Institutes of \n Health--Office of the Director' by $5,000,000 for the period of \n fiscal years 2012 through 2017.''.","summary":"Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011 - Requires the Director of the National Institutes of Health (NIH) to establish and maintain an undiagnosed diseases patient network. Includes among the purposes of the CAL Network to: (1) provide physicians who are handling cases of undiagnosed diseases with a means to search for similar cases and to network and collaborate with physicians handling similar cases, (2) better enable and examine cross-disease research. (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States. And (4) provide such data necessary to better understand the length of time for a diagnosis to be rendered and to identify barriers to diagnoses and reasons for misdiagnosis of diseases. Authorizes the Secretary of Health and Human Services (HHS) to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for: (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders, and (2) the establishment of separate undiagnosed disease programs.","title":"To amend the Public Health Service Act to provide for the establishment and maintenance of an undiagnosed diseases network, and for other purposes.","text_len":8465,"sum_len":1308} {"bill_id":"111_s1315","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug Price Competition Act of \n2009''.\n\nSEC. 2. EXCLUSIVITY PERIOD.\n\n (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--\n (1) in subparagraph (B)(iv)--\n (A) in subclause (II), by striking item (bb) and \n inserting the following:\n ``(bb) First applicant.--As \n used in this subsection, the \n term `first applicant' means--\n\n ``(AA) an applicant \n that, on the first day \n on which a \n substantially complete \n application containing \n a certification \n described in paragraph \n (2)(A)(vii)(IV) is \n submitted for approval \n of a drug, submits a \n substantially complete \n application that \n contains and lawfully \n maintains a \n certification described \n in paragraph \n (2)(A)(vii)(IV) for the \n drug; or\n\n ``(BB) an applicant \n for the drug not \n described in item (AA) \n that satisfies the \n requirements of \n subclause (III).''; and\n\n (B) by adding at the end the following:\n ``(III) An applicant described in \n subclause (II)(bb)(BB) shall--\n ``(aa) submit and lawfully \n maintain a certification \n described in paragraph \n (2)(A)(vii)(IV) or a statement \n described in paragraph \n (2)(A)(viii) for each unexpired \n patent for which a first \n applicant described in item \n (AA) had submitted a \n certification described in \n paragraph (2)(A)(vii)(IV) on \n the first day on which a \n substantially complete \n application containing such a \n certification was submitted;\n ``(bb) with regard to each \n such unexpired patent for which \n the applicant submitted a \n certification described in \n paragraph (2)(A)(vii)(IV), no \n action for patent infringement \n was brought against the \n applicant within the 45-day \n period specified in paragraph \n (5)(B)(iii), or if an action \n was brought within such time \n period, the applicant has \n obtained the decision of a \n court (including a district \n court) that the patent is \n invalid or not infringed \n (including any substantive \n determination that there is no \n cause of action for patent \n infringement or invalidity, and \n including a settlement order or \n consent decree signed and \n entered by the court stating \n that the patent is invalid or \n not infringed); and\n ``(cc) but for the \n effective date of approval \n provisions in subparagraphs (B) \n and (F) and sections 505A and \n 527, be eligible to receive \n immediately effective approval \n at a time before any other \n applicant has begun commercial \n marketing.''; and\n (2) in subparagraph (D)--\n (A) in clause (i)(IV), by striking ``The first \n applicant'' and inserting ``The first applicant, as \n defined in subparagraph (B)(iv)(II)(bb)(AA),''; and\n (B) in clause (iii), in the matter preceding \n subclause (I)--\n (i) by striking ``If all first applicants \n forfeit the 180-day exclusivity period under \n clause (ii)''; and\n (ii) by inserting ``If all first \n applicants, as defined in subparagraph \n (B)(iv)(II)(bb)(AA), forfeit the 180-day \n exclusivity period under clause (ii) at a time \n at which no applicant has begun commercial \n marketing''.\n (b) Effective Date and Transitional Provision.--\n (1) Effective date.--The amendments made by subsection (a) \n shall be effective only with respect to an application filed \n under section 505(j) of the Federal Food, Drug, and Cosmetic \n Act (21 U.S.C. 355(j)) to which the amendments made by section \n 1102(a) of the Medicare Prescription Drug Improvement and \n Modernization Act of 2003 (Public Law 108-173) apply.\n (2) Transitional provision.--An application filed under \n section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 355(j)), to which the 180-day exclusivity period \n described in paragraph (5)(iv) of such section does not apply, \n and that contains a certification under paragraph \n (2)(A)(vii)(IV) of such Act, shall be regarded as a previous \n application containing such a certification within the meaning \n of section 505(j)(5)(B)(iv) of such Act (as in effect before \n the amendments made by Medicare Prescription Drug Improvement \n and Modernization Act of 2003 (Public Law 108-173)) if--\n (A) no action for infringement of the patent that \n is the subject of such certification was brought \n against the applicant within the 45-day period \n specified in section 505(j)(5)(B)(iii) of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. \n 355(j)(5)(B)(iii)), or if an action was brought within \n such time period, the applicant has obtained the \n decision of a court (including a district court) that \n the patent is invalid or not infringed (including any \n substantive determination that there is no cause of \n action for patent infringement or invalidity, and \n including a settlement order or consent decree signed \n and entered by the court stating that the patent is \n invalid or not infringed);\n (B) the application is eligible to receive \n immediately effective approval, but for the effective \n date of approval provisions in sections 505(j)(5)(B) \n (as in effect before the amendment made by Public Law \n 108-173), 505(j)(5)(F), 505A, and 527 of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B), \n 355(j)(5)(F), 355a, 360cc); and\n (C) no other applicant has begun commercial \n marketing.","summary":"Drug Price Competition Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of first applicant under such Act to allow a generic drug manufacturer that is currently considered an applicant subsequent to a brand-name manufacturer's 180-day exclusivity period to qualify as a first applicant for purposes of filing an abbreviated application for a new drug. Requires such applicant to submit a substantially complete application that contains and lawfully maintains a certification for such drug.","title":"A bill to amend the Federal Food, Drug, and Cosmetic Act to define the term \"first applicant\" for purposes of filing an abbreviated application for a new drug.","text_len":9351,"sum_len":528} {"bill_id":"108_s2630","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Universal Access to Affordable \nInsurance for all Americans Act of 2004''.\n\nSEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.\n\n (a) In General.--Subpart G of part III of title 5, United States \nCode, is amended by inserting after chapter 89 the following:\n\n ``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES\n\n``Sec.\n``8951. Definitions.\n``8952. Health insurance for non-Federal employees.\n``8953. Contract requirement.\n``8954. Eligibility of non-Federal employees.\n``8955. Alternative conditions to Federal employee health benefits \n plans.\n``Sec. 8951. Definitions\n ``In this chapter--\n ``(1) the terms defined under section 8901 shall have the \n meanings given such terms under that section; and\n ``(2) the term `Office' means the Office of Personnel \n Management.\n``Sec. 8952. Health insurance for non-Federal employees\n ``(a) The Office of Personnel Management shall administer a health \ninsurance program for non-Federal employees in accordance with this \nchapter.\n ``(b) Except as provided under this chapter, the Office shall \nprescribe regulations to apply the provisions of chapter 89 to the \ngreatest extent practicable to eligible individuals covered under this \nchapter.\n``Sec. 8953. Contract requirement\n ``(a) In each calendar year, the Office shall enter into a contract \nwith 1 or more carriers to make available 1 or more health benefits \nplans (subject to the provisions of this chapter) to eligible \nindividuals under this chapter.\n ``(b) In carrying out this section, the Office may require 1 or \nmore carriers to enter into a contract described in subsection (a), as \na condition of entering into a contract under section 8902.\n``Sec. 8954. Eligibility of non-Federal employees\n ``(a) Except as provided under subsection (b), any individual may \nenroll in a health benefits plan under this section.\n ``(b) An individual may not enroll in a health benefits plan under \nthis chapter, if the individual--\n ``(1) is 65 years of age or older;\n ``(2) is enrolled or eligible to enroll for coverage under \n a public health insurance program, including coverage under \n title XVIII of the Social Security Act, coverage under a State \n plan under title XIX of such Act, coverage under a State plan \n under title XX of such Act, or coverage under any other program \n determined by the Office;\n ``(3) is enrolled or eligible to enroll in a plan under \n chapter 89; or\n ``(4) is a member of the uniformed services as defined \n under section 101(a)(5) of title 10.\n``Sec. 8955. Alternative conditions to Federal employee health benefits \n plans\n ``(a) Rates charged and premiums paid for a health benefits plan \nunder this chapter may differ between or among geographic regions.\n ``(b) No Government contribution shall be made for any individual \nunder this chapter.\n ``(c) In the administration of this chapter, the Office shall \nensure that individuals covered under this chapter shall be in a risk \npool that is separate from the risk pool maintained for individuals \ncovered under chapter 89.''.\n (b) Technical and Conforming Amendments.--\n (1) Contract requirement under chapter 89.--Section 8902 of \n title 5, United States Code, is amended by adding after \n subsection (o) the following:\n ``(p) Each contract under this chapter may include, at the \ndiscretion of the Office, a provision that the carrier shall enter into \na contract to provide 1 or more health benefits plans as described \nunder chapter 89A.''.\n (2) Table of chapters.--The table of chapters for part III \n of title 5, United States Code, is amended by inserting after \n the item relating to chapter 89 the following:\n\n``89A. Health Insurance for Non-Federal Employees........... 8951''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this Act and shall apply to \ncontracts that take effect with respect to the calendar year following \nsuch date of enactment.\n\nSEC. 3. CREDIT FOR HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL \n EMPLOYEES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and inserting \nafter section 35 the following new section:\n\n``SEC. 36. HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by subtitle A for the \ntaxable year an amount equal to the applicable percentage of the amount \npaid during such taxable year by the taxpayer for coverage of the \ntaxpayer and family members under the health insurance plan established \nunder chapter 89A of title 5, United States Code.\n ``(b) Applicable Percentage.--For purposes of subsection (a)--\n ``(1) In general.--The applicable percentage shall be \n determined in accordance with the table under paragraph (2).\n ``(2) Determination of applicable percentage.--\n\n``In the case of any taxpayer whose The applicable percentage is--\n family income is the \n following percentage of the \n poverty line--\n Not more than 100 percent..................... 100 percent \n More than 100, but not more than 200 percent.. 65 percent \n More than 200, but not more than 300 percent.. 40 percent \n More than 300, but not more than 400 percent.. 30 percent \n More than 400 percent......................... 0 percent.\n ``(3) Poverty line.--For purposes of paragraph (2), the \n term `poverty line' means the poverty line as defined in \n section 673(2) of the Community Services Block Grant Act, for a \n family of the size involved.\n ``(c) Special Rules.--\n ``(1) Coordination with advance payments of credit.--With \n respect to any taxable year, the amount which would (but for \n this subsection) be allowed as a credit to the taxpayer under \n subsection (a) shall be reduced (but not below zero) by the \n aggregate amount paid on behalf of such taxpayer under section \n 7528 for such taxable year.\n ``(2) Coordination with other deductions.--Amounts taken \n into account under subsection (a) shall not be taken into \n account in determining any deduction allowed under section \n 162(l) or 213.\n ``(3) Treatment of payments.--For purposes of this section, \n payments made by the Secretary on behalf of any individual \n under section 7528 (relating to advance payment of credit for \n health insurance costs of eligible individuals) shall be \n treated as having been made by the taxpayer.\n ``(4) Regulations.--The Secretary may prescribe such \n regulations and other guidance as may be necessary or \n appropriate to carry out this section and section 7528.''.\n (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue \nCode of 1986 (relating to miscellaneous provisions) is amended by \nadding at the end the following new section:\n\n``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF \n CERTAIN NON-FEDERAL EMPLOYEES.\n\n ``Not later than August 1, 2004, the Secretary shall establish a \nprogram for making payments on behalf of individuals described in \nsection 36(a) to the health insurance plan established under chapter \n89A of title 5, United States Code.''.\n (c) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 36 of such Code''.\n (2) The table of sections for subpart C of part IV of \n chapter 1 of the Internal Revenue Code of 1986 is amended by \n striking the last item and inserting the following new items:\n\n ``Sec. 36. Health insurance costs of \n certain non-Federal employees.\n ``Sec. 37. Overpayments of tax.''.\n (3) The table of sections for chapter 77 of such Code is \n amended by adding at the end the following new item:\n\n ``Sec. 7528. Advance payment of credit \n for health insurance costs of \n certain non-Federal \n employees.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2004.\n\nSEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.\n\n Not later than 6 months after the date of enactment of this Act and \nafter consultation with appropriate experts, representatives of \naffected individuals, and Federal officers, the Director of the Office \nof Personnel Management shall submit a comprehensive plan to Congress \nthat--\n (1) provides for the orderly implementation of the \n amendments made by this Act; and\n (2) includes a schedule of actions to be taken to provide \n for that implementation.\n\n\n\n\n ","summary":"Universal Access to Affordable Health Insurance for all Americans Act of 2004 - Directs the Office of Personnel Management to: (1) administer a health insurance program for non-Federal employees. And (2) enter into contracts with carriers to make health benefits plans available to eligible individuals. Allows the Office to require carriers to offer such a plan to be eligible to enter into a contract for a Federal Employees Health Benefit (FEHB) plan. Prohibits individuals from joining the plan that are: (1) 65 years of age or older. (2) eligible to enroll for coverage under a public health insurance program, (3) eligible to enroll in a FEHB plan. Or (4) members of the uniformed services. Allows rates charged and premiums paid for such a plan to differ among geographic regions. Prohibits any Government contribution to such plans. Requires the Office to keep individuals under such plans in a separate risk pool from individuals covered under a FEHB plan. Amends the Internal Revenue Code of 1986 to provide for refundable credits for payments made to such plans. Provides for full credit for those below the poverty line, and gradually decreasing credit based on individual income. Directs the Secretary of the Treasury to make advance payments to such a plan on behalf of an enrollee equal to the Secretary's estimate of the amount of credit allowable for the enrollee.","title":"A bill to amend title 5, United States Code to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employee, and for other purposes.","text_len":10225,"sum_len":1381} {"bill_id":"112_hr4001","text":"SECTION 1. INCENTIVES FOR INFRASTRUCTURE INVESTMENTS.\n\n (a) Infrastructure Income To Be Qualifying Income for Purposes of \nDetermining Publicly Traded Partnership Status.--\n (1) In general.--Paragraph (1) of section 7704(d) of the \n Internal Revenue Code of 1986 (defining qualifying income) is \n amended by redesignating subparagraphs (F) and (G) as \n subparagraphs (G) and (H), respectively, and by inserting after \n subparagraph (E) the following new subparagraph:\n ``(F) income and gains from the use, sale, or \n exchange of infrastructure property,''.\n (2) Infrastructure property.--Subsection (d) of section \n 7704 of such Code is amended by adding at the end the following \n new paragraph:\n ``(6) Infrastructure property.--The term `infrastructure \n property' means property which is part of any of the following:\n ``(A) Roads and related improvements.\n ``(B) Train tracks and related improvements.\n ``(C) Airports.\n ``(D) Docks and wharves.\n ``(E) Facilities for the furnishing of water.\n ``(F) Sewage facilities.\n ``(G) Solid waste disposal facilities.\n ``(H) Facilities for the generation, transmission, \n and distribution of electricity, including property \n described in clause (iii) or (iv) of section \n 168(e)(3)(D).\n ``(I) Facilities for the transmission and \n distribution of natural gas.\n ``(J) Communications facilities.\n For purposes of subparagraphs (A) and (B), related improvements \n include bridges, tunnels, and traffic control equipment.''.\n (b) Expansion of Deduction for Domestic Production Activities in \nthe Case of Publicly Traded Partnerships.--\n (1) Reduction for oil related qualified production \n activities income not to apply.--Paragraph (9) of section \n 199(d) of such Code is amended by adding at the end the \n following new subparagraph:\n ``(D) Exception for income from publicly traded \n partnerships.--Subparagraph (A) shall not apply to \n income derived from any publicly traded partnership (as \n defined in section 7704(b)).''.\n (2) Distribution and transmission activities of a publicly \n traded partnership to be eligible.--Subparagraph (B) of section \n 199(c)(4) of such Code is amended by adding at the end the \n following new flush sentence:\n ``Clause (ii) shall not apply to the activities of a \n publicly traded partnership (as defined in section \n 7704(b)).''.\n (c) Infrastructure Property Treated as 5-Year Property.--\n (1) In general.--Subparagraph (B) of section 168(e)(3) of \n such Code is amended by striking ``and'' at the end of clause \n (vi), by striking the period at the end of clause (vii) and \n inserting ``, and'', and by inserting after clause (vii) the \n following new clause:\n ``(viii) infrastructure property (as \n defined in section 7704(d)(6)).''.\n (2) Conforming amendments.--\n (A) Subparagraph (C) of section 168(e)(3) of such \n Code is amended by striking clause (i) and by \n redesignating the succeeding clauses accordingly.\n (B) Subparagraph (D) of such section is amended by \n adding ``and'' at the end of clause (i), by striking \n ``, and'' at the end of clause (ii) and inserting a \n period, and by striking clauses (iii) and (iv).\n (C) Subparagraph (E) of such section is amended by \n striking clauses (i), (ii), and (vii) and by \n redesignating clauses (iii), (iv), (v), (vi), (viii), \n and (ix) as clauses (i), (ii), (iii), (iv), (v), and \n (vi), respectively.\n (D) Subparagraph (F) of such section is hereby \n repealed.\n (E) Subsection (e) of section 168 of such Code is \n amended by striking paragraphs (4) and (5) and by \n redesignating the succeeding paragraphs accordingly.\n (F) The table contained in section 168(g)(3)(B) of \n such Code is amended by striking the item relating to \n subparagraph (C)(i) and all that follows and inserting \n the following:\n\n\n \n \n------------------------------------------------------------------------\n``(C)(ii).................................................. 22\n(C)(iii)................................................... 14\n(D)(i)..................................................... 15\n(D)(ii).................................................... 20\n(E)(i)..................................................... 20\n(E)(ii).................................................... 39\n(E)(iii)................................................... 39\n(E)(iv).................................................... 20\n(E)(v)..................................................... 35\n(E)(vi).................................................... 39''.\n------------------------------------------------------------------------\n\n (d) Like-Kind Exchange Treatment for Exchanges of Infrastructure \nProperty.--Section 1031 of such Code (relating to exchange of property \nheld for productive use or investment) is amended by adding at the end \nthe following new subsection:\n ``(j) All Infrastructure Property Treated as Like Kind.--Except as \nprovided in subsection (h), each real property--\n ``(1) which is infrastructure property (as defined in \n section 7704(d)(6)), and\n ``(2) which is held for productive use in a trade or \n business or for investment,\nshall be treated as being of a like kind to every other real property \nwhich is infrastructure property (as so defined) and which is so \nheld.''.\n (e) Effective Dates.--\n (1) In general.--Except as provided in paragraphs (2) and \n (3), the amendments made by this section shall apply to taxable \n years beginning after the date of the enactment of this Act.\n (2) Depreciation.--The amendments made by subsection (c) \n shall apply to property placed in service after the date of the \n enactment of this Act in taxable years ending after such date.\n (3) Exchanges.--The amendment made by subsection (d) shall \n apply to transfers after the date of the enactment of this Act \n in taxable years ending after such date.","summary":"Amends the Internal Revenue Code to: (1) treat income and gains from the use, sale, or exchange of infrastructure property as qualifying income for purposes of the tax treatment of publicly-traded partnerships. (2) exempt publicly-traded partnerships from the limitation on the tax deduction for income attributable to oil-related qualified production activities, (3) allow accelerated depreciation of infrastructure property. And (4) treat exchanges of infrastructure property as like-kind exchanges . Defines infrastructure property as property which is part of: (1) roads and related improvements, (2) train tracks and related improvements, (3) airports, (4) docks and wharves. (5) facilities for sewage, solid waste disposal, the furnishing of water, the transmission and distribution of natural gas, or the generation, transmission, and distribution of electricity, or (6) communications facilities.","title":"To amend the Internal Revenue Code of 1986 to allow partnerships invested in infrastructure property to be treated as publicly traded partnerships, to reduce the depreciation recovery periods for such property, and for other purposes.","text_len":6985,"sum_len":904} {"bill_id":"109_hr6018","text":"SECTION 1. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING \n FABRIC.\n\n (a) Certain Cotton Shirting Fabrics.--\n (1) In general.--Subchapter II of chapter 99 of the \n Harmonized Tariff Schedule of the United States is amended by \n inserting in numerical sequence the following new headings:\n\n \n\n`` 9902.52.08 Woven fabrics of Free No change No change On or before 12\/\n cotton, of a type 31\/2008\n described in\n subheading\n 5208.21, 5208.22,\n 5208.29, 5208.31,\n 5208.32, 5208.39,\n 5208.41, 5208.42,\n 5208.49, 5208.51,\n 5208.52, or\n 5208.59 of average\n yarn number\n exceeding 135\n metric, other than\n fabrics provided\n for in heading\n 9902.52.09,\n certified by the\n importer to be\n suitable for use\n in men's and boys'\n shirts, the\n foregoing imported\n by or for the\n benefit of a\n manufacturer of\n men's and boys'\n shirts under the\n terms of U.S.\n Notes 18 and 19 of\n this subchapter...\n 9902.52.09 Woven fabrics of Free No change No change On or before 12\/\n cotton of a type 31\/2008 ''\n described in .\n subheading\n 5208.21, 5208.22,\n 5208.29, 5208.31,\n 5208.32, 5208.39,\n 5208.41, 5208.42,\n 5208.49, 5208.51,\n 5208.52, or\n 5208.59 of average\n yarn number\n exceeding 135\n metric, certified\n by the importer to\n be wholly of pima\n cotton grown in\n the United States\n and to be suitable\n for use in men's\n and boys' shirts,\n the foregoing\n imported by or for\n the benefit of a\n manufacturer of\n men's and boys'\n shirts under the\n terms of U.S. Note\n 18 of this\n subchapter........\n\n (2) Definitions and limitation on quantity of imports.--The \n U.S. Notes to subchapter II of chapter 99 of the Harmonized \n Tariff Schedule of the United States are amended by adding at \n the end the following:\n``18. For purposes of headings 9902.52.08 and 9902.52.09, the term \n ``manufacturer'' means a person or entity that cuts and sews \n men's and boys' shirts in the United States.\n``19. The aggregate quantity of fabrics entered under heading \n 9902.52.08 from January 1 to December 31 of each year, \n inclusive, by or on behalf of each manufacturer of men's and \n boys' shirts shall be limited to 85 percent of the total square \n meter equivalents of all imported woven fabrics of cotton \n containing 85 percent or more by weight of cotton used by such \n manufacturer in cutting and sewing men's and boys' cotton \n shirts in the United States and purchased by such manufacturer \n during calendar year 2000.''.\n (b) Determination of Tariff-Rate Quotas.--\n (1) Authority to issue licenses and license use.--In order \n to implement the limitation on the quantity of cotton woven \n fabrics that may be entered under heading 9902.52.08 of the \n Harmonized Tariff Schedule of the United States, as required by \n U.S. Note 19 to subchapter II of chapter 99 of such Schedule, \n the Secretary of Commerce shall issue licenses to eligible \n manufacturers under such heading 9902.52.08, specifying the \n restrictions under each such license on the quantity of cotton \n woven fabrics that may be entered each year by or on behalf of \n the manufacturer. A licensee may assign the authority (in whole \n or in part) under the license to import fabric under subheading \n 9902.52.08 of such Schedule.\n (2) Licenses under u.s. note 19.--For purposes of U.S. Note \n 19 to subchapter II of chapter 99 of the Harmonized Tariff \n Schedule of the United States, the Secretary of Commerce shall \n issue a license to a manufacturer within 60 days after the \n manufacturer files with the Secretary of Commerce an \n application containing a notarized affidavit from an officer of \n the manufacturer that the manufacturer is eligible to receive a \n license and stating the quantity of imported woven fabrics of \n cotton containing 85 percent or more by weight of cotton \n purchased during calendar year 2000 for use in the cutting and \n sewing of men's and boys' shirts in the United States.\n (3) Affidavits.--For purposes of an affidavit described in \n this subsection, the date of purchase shall be--\n (A) the invoice date if the manufacturer is not the \n importer of record; and\n (B) the date of entry if the manufacturer is the \n importer of record.\n\nSEC. 2. COTTON TRUST FUND.\n\n (a) Establishment of Trust Fund.--\n (1) In general.--There is established in the Treasury of \n the United States a trust fund to be known as the ``Pima Cotton \n Trust Fund'' (in this section referred to as the ``Trust \n Fund''), consisting of such amounts as may be transferred to \n the Trust Fund under paragraph (2).\n (2) Transfer of amounts.--\n (A) In general.--Beginning October 1, 2006, the \n Secretary of the Treasury shall transfer to the Trust \n Fund, from the general fund of the Treasury, amounts \n determined by the Secretary of the Treasury to be \n equivalent to the amounts received in the general fund \n that are attributable to duties received since January \n 1, 1994, on articles under subheadings 5208.21.60, \n 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, \n 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, \n 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, and \n 5210.31.80 of the Harmonized Tariff Schedule of the \n United States, subject to the limitation in \n subparagraph (B).\n (B) Limitation.--The Secretary may not transfer \n more than $16,000,000 to the Trust fund in any fiscal \n year, and may not transfer any amount beginning on or \n after October 1, 2008.\n (3) Distribution of funds.--From amounts in the Trust Fund, \n the Commissioner of the Bureau of Customs and Border Protection \n shall make the following payments annually beginning in fiscal \n year 2007:\n (A) 25 percent of the amounts in the Trust Fund \n shall be paid annually to a nationally recognized \n association established for the promotion of pima \n cotton grown in the United States for the use in \n textile and apparel goods.\n (B) 25 percent of the amounts in the Trust Fund \n shall be paid annually to yarn spinners of pima cotton \n grown in the United States, and shall be allocated to \n each spinner in an amount that bears the same ratio \n as--\n (i) the spinner's production of ring spun \n cotton yarns, measuring less than 83.33 decitex \n (exceeding 120 metric number) from pima cotton \n grown in the United States in single and plied \n form during calendar year 2002 (as evidenced by \n an affidavit provided by the spinner) bears \n to--\n (ii) the production of the yarns described \n in clause (i) during calendar year 2002 for all \n spinners who qualify under this subparagraph.\n (C) 50 percent of the amounts in the Trust Fund \n shall be paid annually to those manufacturers who cut \n and sew cotton shirts in the United States who certify \n that they used imported cotton fabric during the period \n January 1, 1998, through July 1, 2003, and shall be \n allocated to each such manufacturer in an amount that \n bears the same ratio as--\n (i) the dollar value (excluding duty, \n shipping, and related costs) of imported woven \n cotton shirting fabric of 80s or higher count \n and 2-ply in warp purchased by the manufacturer \n during calendar year 2002 (as evidenced by an \n affidavit from the manufacturer that meets the \n requirements of paragraph (4)) used in the \n manufacturing of men's and boys' cotton shirts, \n bears to--\n (ii) the dollar value (excluding duty, \n shipping, and related costs) of the fabric \n described in clause (i) purchased during \n calendar year 2002 by all manufacturers who \n qualify under this subparagraph.\n (4) Affidavit of shirting manufacturers.--The affidavit \n required by paragraph (3)(C) is a notarized affidavit provided \n by an officer of the manufacturer of men's and boys' shirts \n concerned that affirms--\n (A) that the manufacturer used imported cotton \n fabric during the period January 1, 1998, through July \n 1, 2003, to cut and sew men's and boys' woven cotton \n shirts in the United States;\n (B) the dollar value of imported woven cotton \n shirting fabric of 80s or higher count and 2-ply in \n warp purchased during calendar year 2002;\n (C) that the manufacturer maintains invoices along \n with other supporting documentation (such as price \n lists and other technical descriptions of the fabric \n qualities) showing the dollar value of such fabric \n purchased, the date of purchase, and evidencing the \n fabric as woven cotton fabric of 80s or higher count \n and 2-ply in warp; and\n (D) that the fabric was suitable for use in the \n manufacturing of men's and boys' cotton shirts.\n (5) Date of purchase.--For purposes of the affidavit under \n paragraph (4), the date of purchase shall be the invoice date, \n and the dollar value shall be determined excluding duty, \n shipping, and related costs.\n (6) Affidavit of yarn spinners.--The affidavit required by \n paragraph (3)(B) is a notarized affidavit provided by an \n officer of the producer of ring spun yarns that affirms--\n (A) that the producer used pima cotton grown in the \n United States during the period January 1, 2002, \n through December 31, 2002, to produce ring spun cotton \n yarns, measuring less than 83.33 decitex (exceeding 120 \n metric number), in single and plied form during 2002;\n (B) the quantity, measured in pounds, of ring spun \n cotton yarns, measuring less than 83.33 decitex \n (exceeding 120 metric number), in single and plied form \n during calendar year 2002; and\n (C) that the producer maintains supporting \n documentation showing the quantity of such yarns \n produced, and evidencing the yarns as ring spun cotton \n yarns, measuring less than 83.33 decitex (exceeding 120 \n metric number), in single and plied form during \n calendar year 2002.\n (7) No appeal.--Any amount paid by the Commissioner of the \n Bureau of Customs and Border Protection under this section \n shall be final and not subject to appeal or protest.","summary":"Amends the Harmonized Tariff Schedule of the United States (HTSUS) to reduce, through December 31, 2008 , the duty on certain cotton shirting fabrics. Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation. Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified HTSUS headings. Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of US-grown pima cotton, and to yarn spinners of such cotton.","title":"To provide temporary duty reductions for certain cotton fabrics, and for other purposes.","text_len":13622,"sum_len":784} {"bill_id":"106_s1994","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``First-time Homebuyer Affordability \nAct of 1999''.\n\nSEC. 2. FINDINGS AND POLICY.\n\n (a) Findings.--The Congress finds that--\n (1) it is desirable to make funds available from individual \n retirement plans to encourage first time home ownership, and\n (2) the tax and penalty on the premature withdrawal of \n funds from individual retirement plans are substantial \n impediments to making such funds available for that purpose.\n (b) Policy.--It is the policy of the Congress to remove impediments \nto home investment by first-time homebuyers by permitting owners of \nindividual retirement plans to direct the trustees of such plans to \ninvest plan funds as home equity or debt in the homes of such owners or \nin the home of family members who are first-time homebuyers.\n\nSEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS \n IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS.\n\n (a) Exemption From Prohibited Transaction Rules.--Section 4975 of \nthe Internal Revenue Code of 1986 (relating to tax on prohibited \ntransactions) is amended by redesignating subsections (h) and (i) as \nsubsections (i) and (j), respectively, and by inserting after \nsubsection (g) the following new subsection:\n ``(h) Special Rule for Home Equity Participation Arrangements.--\n ``(1) In general.--The prohibitions provided in subsection \n (c) shall not apply to any qualified home equity participation \n arrangement to the extent that the amount paid to acquire the \n ownership interest referred to paragraph (2)(A) does not exceed \n $10,000.\n ``(2) Qualified home equity participation arrangement.--For \n purposes of this subsection--\n ``(A) In general.--The term `qualified home equity \n participation arrangement' means an arrangement--\n ``(i) under which the trustee of an \n individual retirement plan, at the direction of \n the eligible participant, shall acquire an \n ownership interest in any dwelling unit which \n within a reasonable period of time (determined \n at the time the arrangement is executed) is to \n be used as the principal residence for a first-\n time homebuyer, and\n ``(ii) which meets the requirements of \n subparagraph (B).\n ``(B) Ownership interest requirement.--An \n arrangement shall meet the requirements of this \n subparagraph if the ownership interest described in \n subparagraph (A)--\n ``(i) is a fee interest in such property \n (and, in the case of an arrangement which is \n not otherwise at arm's length, the trustee's \n fee interest would be reasonable in an arm's \n length arrangement),\n ``(ii) by its terms requires repayment in \n full upon the sale or other transfer of the \n dwelling unit, and\n ``(iii) may not be used as security for any \n loan secured by any interest in the dwelling \n unit.\n ``(3) Definitions.--For purposes of this subsection--\n ``(A) Eligible participant.--The term `eligible \n participant' means an individual on whose behalf an \n individual retirement plan is established.\n ``(B) First-time homebuyer.--The term `first-time \n homebuyer' means an individual who--\n ``(i) is an eligible participant or \n qualified family member, and\n ``(ii) had (and if married, such \n individual's spouse had) no present ownership \n interest in a principal residence at any time \n during the 24-month period before the date of \n the arrangement.\n ``(C) Qualified family member.--The term `qualified \n family member' means a child (as defined in section \n 151(c)(3)), parent, or grandparent of the eligible \n participant (or such participant's spouse). Section \n 152(b)(2) shall apply in determining if an individual \n is a parent or grandparent of an eligible participant \n (or such participant's spouse).\n ``(D) Acquisition; etc.--\n ``(i) Acquisition.--The term `acquisition' \n includes construction, reconstruction, and \n improvement related to such acquisition.\n ``(ii) Acquisition cost.--The term \n `acquisition cost' has the meaning given such \n term by section 143(k)(3).\n ``(E) Principal residence.--The term `principal \n residence' has the same meaning as when used in section \n 121.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto arrangements entered into after the date of the enactment of this \nAct.\n\nSEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME \n HOMEBUYERS.\n\n (a) Individual Retirement Plans.--Section 408(e) of the Internal \nRevenue Code of 1986 (relating to tax treatment of accounts and \nannuities) is amended by adding at the end thereof the following new \nparagraph:\n ``(7) Loans used to purchase a home for first-time \n homebuyers.--\n ``(A) In general.--Paragraph (3) shall not apply to \n any qualified home purchase loan made by an individual \n retirement plan.\n ``(B) Qualified home purchase loan.--For purposes \n of this paragraph, the term `qualified home purchase \n loan' means a loan--\n ``(i) made by the trustee of an individual \n retirement plan at the direction of the \n individual on whose behalf such plan is \n established,\n ``(ii) the proceeds of which are used for \n the acquisition of a dwelling unit which within \n a reasonable period of time (determined at the \n time the loan is made) is to be used as the \n principal residence for a first-time homebuyer,\n ``(iii) which by its terms requires \n interest on the loan to be paid not less \n frequently than monthly,\n ``(iv) which by its terms requires \n repayment in full not later than the earlier \n of--\n ``(I) the date which is 15 years \n after the date of acquisition of the \n dwelling unit, or\n ``(II) the date of the sale or \n other transfer of the dwelling unit,\n ``(v) which by its terms treats--\n ``(I) any amount required to be \n paid under clause (iii) during any \n taxable year which is not paid at the \n time required to be paid, and\n ``(II) any amount remaining unpaid \n as of the beginning of the taxable year \n beginning after the period described in \n clause (iv),\n as distributed during such taxable year to the \n individual on whose behalf such plan is \n established and subject to section 72(t)(1), \n and\n ``(vi) which bears interest from the date \n of the loan at a rate not less than 2 \n percentage points below, and not more than 2 \n percentage points above, the rate for \n comparable United States Treasury obligations \n on such date.\n Nothing in this paragraph shall be construed to require \n such a loan to be secured by the dwelling unit.\n ``(C) Limitation on amount of loans.--The amount of \n borrowings to which paragraph (3) does not apply by \n reason of this paragraph shall not exceed $10,000.\n ``(D) Denial of interest deduction.--No deduction \n shall be allowed under this chapter for interest on any \n qualified home purchase loan.\n ``(E) Definitions.--For purposes of this \n paragraph--\n ``(i) First-time homebuyer.--The term \n `first-time homebuyer' has the meaning given \n such term by section 4975(h)(3)(B).\n ``(ii) Acquisition.--The term `acquisition' \n has the meaning given such term by section \n 4975(h)(3)(D)(i).\n ``(iii) Principal residence.--The term \n `principal residence' has the same meaning as \n when used in section 121.\n ``(iv) Date of acquisition.--The term `date \n of acquisition' means the date--\n ``(I) on which a binding contract \n to acquire the principal residence to \n which subparagraph (B) applies is \n entered into, or\n ``(II) on which construction, \n reconstruction, or improvement of such \n a principal residence is commenced.''.\n (b) Prohibited Transaction.--Section 4975(d) of the Internal \nRevenue Code of 1986 (relating to exemptions from tax on prohibited \ntransactions) is amended by striking ``or'' at the end of paragraph \n(14), by striking the period at the end of paragraph (15) and inserting \n``; or'', and by inserting after paragraph (15) the following new \nparagraph:\n ``(16) any loan that is a qualified home purchase loan (as \n defined in section 408(e)(7)(B)).''.\n (c) Effective Date.--The amendments made by this section shall \napply to loans made after the date of the enactment of this Act.","summary":"Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. Requires repayment within 15 years.","title":"First-time Homebuyer Affordability Act of 1999","text_len":11175,"sum_len":268} {"bill_id":"108_s1630","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Calling for 2-1-1 Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Federal Communications Commission has assigned 2-1-\n 1 as the national telephone number for telephone service for \n information and referral on human services, declaring that 2-1-\n 1 best satisfies the public interest in allotting the limited \n resource of this abbreviated number. In 2005, the Commission \n will assess the widespread utilization of the 2-1-1 telephone \n number and evaluate whether to continue the assignment of that \n telephone number for that service.\n (2) The number ``2-1-1'' is an easy-to-remember telephone \n number that facilitates critical connections between \n individuals and families seeking services, volunteer \n opportunities, or both and appropriate human service agencies, \n including community-based and faith-based organizations and \n government agencies.\n (3) There are more than 820,000 nonprofit organizations in \n the United States. Individuals and families often find it \n difficult to navigate through a complex and ever-growing maze \n of human service agencies and programs, spending inordinate \n amounts of time trying to identify an agency or program that \n provides a service that may be immediately or urgently required \n and often abandoning the search from frustration or a lack of \n quality information.\n (4) At the Federal, State, and local levels, government \n funding supports well-intentioned programs that are not fully \n utilized because of a lack of access to and information on such \n programs by the public. Program administrators have indicated \n that there is a need for a simple way to connect those eligible \n for programs with available program resources. 2-1-1 telephone \n service will reduce the number of inappropriate calls to \n government offices by directing consumers to the appropriate \n human services agency, resulting in a more effective use of \n government services.\n (5) Many families need information on government and not-\n for-profit services that address domestic violence, support \n adequate and stable housing, alleviate hunger, and provide for \n high-quality day care, afterschool activities, summer \n activities, job training and assistance, elder care, and \n disaster recovery.\n (6) Individuals often need support, services, or both when \n suffering emotional distress, having suicidal thoughts or \n behavior, contemplating violence, or using drugs or alcohol.\n (7) Americans desire to volunteer and become involved in \n their communities. This desire, together with a desire to \n donate to organizations which provide human services, are among \n the reasons to contact a center which provides information and \n referral on volunteer opportunities and human services.\n (8) Following the September 11, 2001, terrorist attacks, an \n estimated 400 telephone hotlines were established in New York, \n New York, for various funds and services, creating a confusing \n network for victims and volunteers to navigate. A Comptroller \n General report on charitable aid following the terrorist \n attacks found that ``families of victims generally believed \n they had to navigate a maze of service providers in the early \n months'' and that ``good information about and easy access to \n available assistance could help survivors in the recovery \n process''.\n (9) The 107th Congress recognized the importance of 2-1-1 \n telephone service in community preparedness and response by \n including use of that telephone number for public information \n as an allowable use of funds under grants for preparedness and \n response to bioterrorism and other public health emergencies \n under section 319C-1 of the Public Health Service Act (42 \n U.S.C. 247d-3a), as added by section 131 of the Public Health \n Security and Bioterrorism Preparedness and Response Act of 2002 \n (Public Law 107-188).\n (10) While 20 percent of the population has access to 2-1-1 \n telephone service in 21 States, inadequate funding prevents \n access to that telephone service throughout each of the States. \n 2-1-1 telephone service is currently available statewide only \n in Connecticut and Hawaii.\n (11) Rapid deployment nationwide of 2-1-1 telephone service \n as a means of access to information about and referral on human \n services requires collaboration among State governments, \n comprehensive and specialized information and referral centers, \n human service organizations and service providers, emergency \n management and homeland security officials, telephone \n companies, and other relevant entities.\n (12) 2-1-1 telephone service facilitates the availability \n of a single repository where comprehensive data on all \n community services is collected, maintained, and updated \n regularly, reducing costs and duplication of efforts. The \n reliable data provided through 2-1-1 telephone service helps to \n better assess the needs of our communities and to immediately \n mobilize resources toward those needs.\n\nSEC. 3. GRANTS TO FACILITATE NATIONWIDE AVAILABILITY OF 2-1-1 SERVICE \n FOR INFORMATION AND REFERRAL ON HUMAN SERVICES.\n\n (a) Grants Required.--The Secretary of Commerce shall award a grant \nto each State to carry out a program for the purpose of making \navailable throughout such State 2-1-1 telephone service for information \nand referral on human services.\n (b) Grant To Be Available for Each State.--In awarding grants under \nthis section, the Secretary shall develop a formula for allocating \ngrant amounts among the States so that a grant may be awarded to each \nState seeking a grant.\n (c) Requirement on Share of Activities.--\n (1) Requirement.--A State may not be awarded a grant under \n this section unless the State ensures that at least 50 percent \n of the resources of the program funded by the grant will be \n derived from other sources.\n (2) In-kind contributions.--The requirement in paragraph \n (1) may be satisfied by in-kind contributions of goods or \n services.\n (d) Lead Entity.--\n (1) In general.--A State seeking a grant under this section \n shall carry out this section through a lead entity meeting the \n requirements of this subsection.\n (2) 2-1-1 Collaborative.--An entity shall be treated as the \n 2-1-1 Collaborative for a State under this subsection if the \n entity--\n (A) exists for such purpose under State law;\n (B) exists for such purpose by order of the State \n public utility commission; or\n (C) is a collaborative entity established by the \n State for such purpose from among representatives of--\n (i) an informal existing 2-1-1 statewide \n collaborative, if any, in the State;\n (ii) State agencies;\n (iii) community-based organizations;\n (iv) faith-based organizations;\n (v) not-for-profit organizations;\n (vi) comprehensive and specialized \n information and referral providers, including \n current 2-1-1 call centers;\n (vii) foundations; and\n (viii) businesses.\n (3) Requirements for preexisting lead entities.--An entity \n described by subparagraph (A) or (B) of paragraph (2) may be \n treated as a lead entity under this subsection only if such \n entity collaborates, to the extent practicable, with the \n organizations and entities listed in subparagraph (C) of that \n paragraph.\n (e) Application.--\n (1) In general.--The lead entity on behalf of each State \n seeking a grant under this section shall submit to the \n Secretary an application therefor in such form as the Secretary \n shall require.\n (2) Information.--An application on behalf of a State under \n this subsection shall contain information as follows:\n (A) Information on the program to be carried out by \n the lead entity of the State in order to plan to make \n available throughout the State 2-1-1 telephone service \n for information and referral on human services, \n including information on the manner in which the lead \n entity will develop, sustain, and evaluate the program.\n (B) Information on the sources of resources for the \n program for purposes of meeting the requirement in \n subsection (c).\n (C) Any additional information that the Secretary \n may require for purposes of this section.\n (f) Subgrants.--\n (1) Authority.--In carrying out a program to make 2-1-1 \n telephone service available throughout a State at no charge to \n the caller, the lead entity of the State may make subgrants to \n such persons or entities as the lead entity considers \n appropriate for purposes of the program, including subgrants to \n provide funds--\n (A) for the provision of 2-1-1 telephone service;\n (B) for the operation and maintenance of 2-1-1 call \n centers; and\n (C) for such other purposes as the 2-1-1 \n Collaborative considers appropriate for purposes of the \n program, including planning, public awareness, \n training, accreditation, and evaluation.\n (2) Considerations.--In awarding a subgrant under this \n subsection, a lead entity shall consider--\n (A) the ability of the person or entity seeking the \n subgrant to carry out activities or provide services \n consistent with the program;\n (B) the extent to which the award of the subgrant \n will facilitate equitable geographic distribution of \n subgrants under this section to ensure that rural \n communities have access to 2-1-1 telephone service; and\n (C) the extent to which the recipient of the \n subgrant will establish and maintain cooperative \n relationships with specialized information and referral \n centers, crisis centers, 9-1-1 call centers, and 3-1-1 \n call centers, if applicable.\n (g) Use of Grant and Subgrant Amounts.--\n (1) In general.--Amounts awarded as grants or subgrants \n under this section shall be used solely to make available 2-1-1 \n telephone service for community information and referral on \n human services, including telephone connections between \n families and individuals seeking such services and the \n providers of such services.\n (2) Particular matters.--In making 2-1-1 telephone service \n available, the recipient of a grant or subgrant shall, to the \n maximum extent practicable--\n (A) abide by the Key Standards for 2-1-1 Centers as \n specified in the Standards for Professional Information \n and Referral Requirements for Alliance of Information \n Referral Systems (AIRS) Accreditation and Operating 2-\n 1-1 Systems; and\n (B) collaborate with human service organizations, \n whether public or private, to provide an exhaustive \n database of services with which to provide information \n or referral to individuals utilizing 2-1-1 telephone \n service.\n (3) Use of funds.--Amounts of a subgrant under subsection \n (e) may be used by grantees for Statewide and regional \n planning, start-up costs (including costs of software and \n hardware upgrades and telecommunications costs), training, \n accreditation, public awareness, evaluation of activities, and \n the provision of 2-1-1 telephone service.\n (h) Requirement on Allocation of Grant Amounts.--Of the amounts \nawarded under this section, an aggregate of not less than 10 percent \nshall be allocated for evaluation, training, and technical assistance, \nand for management and administration of subgrants awarded under this \nsection.\n (i) Reports.--The lead entity of each State awarded a grant under \nthis section for a fiscal year shall submit to the Secretary, not later \nthan 60 days after the end of such fiscal year, a report on the program \nfunded by the grant. Each report shall--\n (1) describe the program funding by the grant; and\n (2) assess the effectiveness of the program in making \n available throughout such State 2-1-1 telephone service for \n information and referral on human services in accordance with \n the provisions of this section.\n (j) Definitions.--In this section:\n (1) Human services.--The term ``human services'' means \n services as follows:\n (A) Services that assist individuals in becoming \n more self-sufficient, in preventing dependency, and in \n strengthening family relationships.\n (B) Services that support personal and social \n development.\n (C) Services that help ensure the health and well-\n being of individuals, families, and communities.\n (2) Information and referral center.--The term \n ``information and referral center'' means a center that--\n (A) maintains a database of providers of human \n services in a State or locality;\n (B) assists individuals, families, and communities \n in identifying, understanding, and accessing the \n providers of human services and the human services \n offered by the providers of such services; and\n (C) tracks types of calls referred and received to \n document the demands for services.\n (3) State.--The term ``State'' means the several States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n Virgin Islands, Guam, American Samoa, and the Commonwealth of \n the Northern Mariana Islands.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act amounts as follows:\n (1) For fiscal year 2004, $200,000,000.\n (2) For each of fiscal years 2005 through 2009, such sums \n as may be necessary.\n (b) Availability.--Amounts appropriated pursuant to the \nauthorization of appropriations in subsection (a) shall remain \navailable until expended.","summary":"Calling for 2-1-1 Act of 2003 - Directs the Secretary of Commerce to award a grant to each State to carry out a program for making available throughout that State the 2-1-1 telephone service for information and referral on human services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers. And (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service.","title":"A bill to facilitate nationwide availability of 2-1-1 telephone service for information and referral services, and for other purposes.","text_len":15654,"sum_len":1043} {"bill_id":"113_hr5858","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Building Bridges and Transforming \nResentment and Unfairness to Support and Trust for Municipal Law \nEnforcement Act of 2014'' or the ``Build TRUST Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The growing trend of local units of government using \n traffic fines and traffic court fees and costs as revenue \n generators promotes unfair, excessive targeting of citizens by \n law enforcement agents, infringes on civil liberties, and \n promotes reliance on unpredictable revenue sources.\n (2) The growing trend of local units of government using \n traffic fines and traffic court fees and costs as revenue \n generators has the potential to breed public cynicism and \n distrust of local law enforcement agencies, and to lessen \n public confidence that the laws are being enforced impartially \n and the criminal justice system is administered equally.\n\nSEC. 3. REDUCTION IN GRANT FUNDING FOR UNITS OF LOCAL GOVERNMENT.\n\n (a) Collection of Fines for Violations of Traffic Laws.--Except as \nprovided in subsection (b) or section 4, a unit of local government \nwhich, during the previous 3 fiscal years, funded an amount that, on \naverage, was greater than 18 percent of its operating budget using \nrevenue generated from collecting fines and other fees related to \nviolations of traffic laws, shall, in the case of a unit of local \ngovernment receiving grant funds under subpart 1 of part E of title I \nof the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3750 et seq.), receive only 25 percent of the grant award that would \nhave otherwise been awarded to that unit of local government under such \nsubpart.\n (b) Disproportionate Racial Composition of Law Enforcement \nAgencies.--In the case of a unit of local government described in \nsubsection (a) for which, during the previous fiscal year, the \npercentage of individuals who identify as a race who were employees of \nthe law enforcement agency for that unit of local government, and the \npercentage of individuals who identify as that race who live in the \njurisdiction which that law enforcement agency serves, differs by \ngreater than 30 percent, the unit of local government shall receive \nonly 5 percent of the grant award that would have otherwise been \nawarded to that unit of local government under subpart 1 of part E of \ntitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 \nU.S.C. 3750 et seq.).\n (c) Obligation of States.--A State that receives a grant award \nunder subpart 1 of part E of title I of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not \nreduce a subgrant award made under such grant to a unit of local \ngovernment in its jurisdiction in accordance with this section, shall, \nin the succeeding fiscal year, receive only 50 percent of the grant \naward that would have otherwise been awarded to that State under such \nsubpart.\n (d) Reallocation.--Any funds withheld from a State or unit of local \ngovernment from a direct grant award by the Attorney General shall be \nreallocated in accordance with subpart 1 of part E of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et \nseq.).\n\nSEC. 4. EXEMPTIONS.\n\n The provisions of section 3 shall not apply in the case of any unit \nof local government--\n (1) that serves a population of less than 15,000 people and \n so certifies to the Attorney General; or\n (2) to which the Attorney General has granted a waiver \n under section 5.\n\nSEC. 5. WAIVERS.\n\n The Attorney General may, in his or her discretion, grant a waiver \nunder this section to any unit of local government for good cause \nshown, and shall consider the following factors:\n (1) Whether, resulting from allegations of excessive uses \n of force, false arrests, improper searches and seizures, \n failures to discipline officers sufficiently, or failure to \n supervise officers, the unit of local government is subject to \n a consent decree or Memorandum of Understanding, or the subject \n of an investigation by the Special Litigation Section of the \n Civil Rights Division of the Department of Justice.\n (2) Whether the unit of local government has taken \n affirmative action to ensure that adequate practices and \n procedures are in place to increase public trust and confidence \n in the impartial and equitable administration of justice, \n including--\n (A) whether incidents of officer involved shootings \n and uses of excessive force are investigated by a \n Special Prosecutor appointed by the Governor, State \n Attorney General, or Presiding Judge of the local court \n of jurisdiction;\n (B) whether incidents of officer involved shootings \n and uses of excessive force are adjudicated in a public \n proceeding rather than the grand jury process.\n (3) Whether the minority community is equitably represented \n in the municipality's legislative body and executive \n departments.","summary":"Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014 or the Build TRUST Act of 2014 - Reduces the amount that would otherwise be awarded to a unit of local government under the Edward Byrne Memorial Justice Assistance Grant Program: (1) by 75 for any such unit that, during the previous three fiscal years, funded an amount that on average was greater than 18 of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws. And (2) by 95 for any such unit for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit and the percentage of individuals who identify as that race who live in the jurisdiction such agency serves differ by greater than 30. Reduces by 50 the amount that would otherwise be awarded under such Program to a state that did not reduce a subgrant award to a unit of local government in accordance with this Act in the preceding fiscal year. Requires the Attorney General to reallocate funds withheld from a state or unit of local government pursuant to this Act in accordance with the Program. Exempts any local governmental unit which certifies that it serves a population of less than 15,000 or to which the Attorney General has granted a waiver for good cause shown based on specified factors, including that: (1) such unit has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, and (2) the minority community is equitably represented in the unit's legislative body and executive departments.","title":"Build TRUST Act of 2014","text_len":5342,"sum_len":1781} {"bill_id":"113_hr3234","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pay Accountability Act''.\n\nSEC. 2. WITHHOLDING OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT \n SHUTDOWN IS IN EFFECT OR PUBLIC DEBT LIMIT IS REACHED.\n\n (a) Holding Salaries in Escrow.--If during any pay period during a \nCongress a Government shutdown is in effect or the public debt limit is \nreached, the payroll administrator of a House of Congress shall--\n (1) withhold from the payments otherwise required to be \n made with respect to the pay period for the compensation of \n each Member of Congress who serves in that House of Congress an \n amount equal to the product of--\n (A) an amount equal to one day's worth of pay under \n the annual rate of pay applicable to the Member under \n section 601(a) of the Legislative Reorganization Act of \n 1946 (2 U.S.C. 31) for the pay period; and\n (B) the number of 24-hour periods during which the \n Government shutdown is in effect or the public debt \n limit is reached (as the case may be) which occur \n during the pay period; and\n (2) deposit in an escrow account all amounts withheld under \n paragraph (1).\n (b) Transfer to Secretary of the Treasury at End of the Congress.--\n (1) Transfer.--The payroll administrator of a House of \n Congress shall transfer to the Secretary of the Treasury any \n amounts remaining in any escrow account under this section on \n the last day of the Congress involved.\n (2) Requiring amounts to be used for deficit reduction.--\n Any amounts transferred to the Secretary of the Treasury under \n paragraph (1) shall be deposited in the Treasury and used for \n deficit reduction.\n (c) Role of Secretary of the Treasury.--The Secretary of the \nTreasury shall provide the payroll administrators of the Houses of \nCongress with such assistance as may be necessary to enable the payroll \nadministrators to carry out this section.\n (d) Definitions.--In this section--\n (1) the term ``Member of Congress'' means an individual \n serving in a position under subparagraph (A), (B), or (C) of \n section 601(a) of the Legislative Reorganization Act of 1946 (2 \n U.S.C. 31); and\n (2) the ``payroll administrator'' of a House of Congress \n means--\n (A) in the case of the House of Representatives, \n the Chief Administrative Officer of the House of \n Representatives, or an employee of the Office of the \n Chief Administrative Officer who is designated by the \n Chief Administrative Officer to carry out this section; \n and\n (B) in the case of the Senate, the Secretary of the \n Senate, or an employee of the Office of the Secretary \n of the Senate who is designated by the Secretary to \n carry out this section.\n\nSEC. 3. WITHHOLDING OF PAY OF PRESIDENT AND VICE PRESIDENT IF \n GOVERNMENT SHUTDOWN OCCURS OR PUBLIC DEBT LIMIT IS \n REACHED.\n\n (a) Holding Salaries in Escrow.--If during any pay period during a \nPresident's or Vice President's term of office a Government shutdown is \nin effect or the public debt limit is reached, the White House Office \nshall--\n (1) withhold from the payments otherwise required to be \n made with respect to the pay period for the compensation of the \n President or the Vice President an amount equal to the product \n of--\n (A) an amount equal to one day's worth of pay under \n the annual rate of compensation of the President under \n 102 of title 3, United States Code, or the annual rate \n of salary of the Vice President under section 104 of \n title 3, United States Code (as the case may be), for \n the pay period; and\n (B) the number of 24-hour periods during which the \n Government shutdown is in effect or the public debt \n limit is reached (as the case may be) which occur \n during the pay period; and\n (2) deposit in an escrow account all amounts withheld under \n paragraph (1).\n (b) Role of Secretary of the Treasury.--The Secretary of the \nTreasury shall provide the White House Office with such assistance as \nmay be necessary to enable the White House Office to carry out this \nsection.\n (c) Transfer to Secretary of the Treasury at End of Term of \nOffice.--\n (1) Transfer.--The White House Office shall transfer to the \n Secretary of the Treasury any amounts remaining in any escrow \n account under this section on the last day of the President's \n or Vice President's term of office involved.\n (2) Requiring amounts to be used for deficit reduction.--\n Any amounts transferred to the Secretary of the Treasury under \n paragraph (1) shall be deposited in the Treasury and used for \n deficit reduction.\n\nSEC. 4. DETERMINATIONS.\n\n (a) Government Shutdown.--For purposes of this Act, a Government \nshutdown shall be considered to be in effect if there is a lapse in \nappropriations for any Federal agency or department as a result of a \nfailure to enact a regular appropriations bill or continuing \nresolution.\n (b) Public Debt Limit.--For purposes of this Act, the public debt \nlimit shall be considered to be reached if the Federal Government is \nunable to make payments or meet obligations because the public debt \nlimit under section 3101 of title 31, United States Code, has been \nreached.","summary":"Pay Accountability Act - Requires the pay of Members of Congress, the President, and the Vice President to be withheld during any period of: (1) a lapse in appropriations for any federal agency as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) the federal government's inability to make payments or meet obligations because the public debt limit. Provides for such withheld amounts to be deposited in an escrow account to be transferred to the Secretary of the Treasury and deposited in the Treasury for deficit reduction.","title":"Pay Accountability Act","text_len":5849,"sum_len":569} {"bill_id":"107_hr4532","text":"SECTION 1. DISPERSE ORANGE 30, DISPERSE BLUE 79:1, DISPERSE RED 167:1, \n DISPERSE YELLOW 64, DISPERSE RED 60, DISPERSE BLUE 60, \n DISPERSE BLUE 77, DISPERSE YELLOW 42, DISPERSE RED 86, \n AND DISPERSE RED 86:1.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new heading:\n\n \n\n`` 9902.32.39 Propanenitrile, Free No change No change On or before 12\/\n 3-[[2- 31\/2007\n (acetyloxy)-\n ethyl][4-[(2,6-\n dichloro -4-\n nitro-\n phenyl)azo]-\n phenyl]amino]-\n (CAS No. 5261-\n 31-4) (provided\n for in\n subheading\n 3204.12.50)....\n`` 9902.32.40 Acetamide, N-[5- Free No change No change On or before 12\/\n [bis[2- 31\/2007\n (acetyloxy)ethy\n l]amino]-2-[(2-\n bromo-4,6-\n dinitrophenyl)-\n azo]-4-\n methoxyphenyl]-\n (CAS No. 3618-\n 72-2) (provided\n for in\n subheading\n 3204.12.50)....\n`` 9902.32.41 Acetamide, N-[5- Free No change No change On or before 12\/\n [bis[2- 31\/2007\n (acetyloxy)-\n ethyl]amino]-2-\n [(2-chloro-4-\n nitrophenyl)azo\n ]phenyl]- (CAS\n No. 1533-78-4)\n (provided for\n in subheading\n 3204.11.50)....\n`` 9902.32.42 1H-Indene- Free No change No change On or before 12\/\n 1,3(2H)-dione, 31\/2007\n 2-(4-bromo-3-\n hydroxy-2-\n quinolinyl)-\n (CAS No. 10319-\n 14-9) (provided\n for in\n subheading\n 3204.11.50)....\n`` 9902.32.43 9,10-Anthra- Free No change No change On or before 12\/\n cenedione, 1- 31\/2007\n amino-4-hydroxy-\n 2-phenoxy- (CAS\n No. 17418-58-5)\n (provided for\n in subheading\n 3204.11.50)....\n`` 9902.32.45 1H-Naphth[2,3- Free No change No change On or before 12\/\n f]isoindole- 31\/2007\n 1,3,5,10(2H)-\n tetrone, 4,11-\n diamino-2-(3-\n methoxypropyl)-\n (CAS No. 12217-\n 80-0) (provided\n for in\n subheading\n 3204.11.50)....\n`` 9902.32.47 9,10- Free No change No change On or before 12\/\n Anthracenedione 31\/2007\n , 1,8-dihydroxy-\n 4-nitro-5-\n (phenylamino)-\n (CAS No. 20241-\n 76-3) (provided\n for in\n subheading\n 3204.11.50)....\n`` 9902.32.48 Benzenesulfonami Free No change No change On or before 12\/\n de, 3-nitro-N- 31\/2007\n phenyl-4-\n (phenylamino)-\n (CAS No. 5124-\n 25-4) (provided\n for in\n subheading\n 3204.11.50)....\n`` 9902.32.51 Benzenesulfonami Free No change No change On or before 12\/\n de, N-(4-amino- 31\/2007\n 9,10-dihydro-3-\n methoxy-9,10-\n dioxo-1-\n anthracenyl)-4-\n methyl- (CAS\n No. 81-68-5)\n (provided for\n in subheading\n 3204.11.50)....\n`` 9902.32.52 Benzenesulfonami Free No change No change On or before 12\/\n de, N-(4-amino- 31\/2007 ''\n 9,10-dihydro-3- .\n methoxy-9,10-\n dioxo-1-\n anthracenyl)\n (CAS No. 69563-\n 51-5) (provided\n for in\n subheading\n 3204.11.50)....\n\n (b) Effective Date.--The amendment made by subsection (a) applies \nwith respect to goods entered, or withdrawn from warehouse for \nconsumption, on or after the 15th day after the date of the enactment \nof this Act.","summary":"Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2007, the duty on Disperse Orange 30, Disperse Blue 79:1, Disperse Red 167:1, Disperse Yellow 64, Disperse Red 60, Disperse Blue 60, Disperse Blue 77, Disperse Yellow 42, Disperse Red 86, and Disperse Red 86:1.","title":"To suspend temporarily the duty on Disperse Orange 30, Disperse Blue 79:1, Disperse Red 167:1, Disperse Yellow 64, Disperse Red 60, Disperse Blue 60, Disperse Blue 77, Disperse Yellow 42, Disperse Red 86, and Disperse Red 86:1.","text_len":5860,"sum_len":302} {"bill_id":"110_hr7141","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stem Cell Research Enhancement Act \nof 2008''.\n\nSEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH.\n\n Part H of title IV of the Public Health Service Act (42 U.S.C. 289 \net seq.) is amended by inserting after section 498C the following:\n\n``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH.\n\n ``(a) In General.--Notwithstanding any other provision of law \n(including any regulation or guidance), the Secretary shall conduct and \nsupport research that utilizes human embryonic stem cells (regardless \nof the date on which the stem cells were derived from a human embryo).\n ``(b) Ethical Requirements.--Human embryonic stem cells shall be \neligible for use in any research conducted or supported by the \nSecretary if the cells meet each of the following:\n ``(1) The stem cells were derived from human embryos that \n have been donated from in vitro fertilization clinics, were \n created for the purposes of fertility treatment, and were in \n excess of the clinical need of the individuals seeking such \n treatment.\n ``(2) Prior to the consideration of embryo donation and \n through consultation with the individuals seeking fertility \n treatment, it was determined that the embryos would never be \n implanted in a woman and would otherwise be discarded.\n ``(3) The individuals seeking fertility treatment donated \n the embryos with written informed consent and without receiving \n any financial or other inducements to make the donation.''.\n\nSEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS.\n\n Part H of title IV of the Public Health Service Act (42 U.S.C. 289 \net seq.) is further amended by inserting after section 498D, as \ninserted by this Act, the following:\n\n``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS.\n\n ``(a) In General.--Not later than 90 days after the date of the \nenactment of this section, the Director of NIH--\n ``(1) shall issue guidelines on research involving human \n embryonic stem cells; and\n ``(2) may issue guidelines on research involving other \n human stem cells, as determined to be scientifically warranted \n by the Director of NIH.\n ``(b) Updates.--\n ``(1) In general.--Subject to paragraph (2), the Director \n of NIH shall review and, as appropriate, update the guidelines \n issued under paragraphs (1) and (2) of subsection (a) when the \n Director determines that such updates are scientifically \n warranted. The Director of NIH may determine the extent to \n which such an update applies to ongoing National Institutes of \n Health conducted- or supported-research.\n ``(2) Frequency of updates.--The first update required \n under paragraph (1), with respect to guidelines issued under \n paragraph (1) or (2) of subsection (a), shall be made not later \n than the last day of the three-year period beginning on the \n date such respective guidelines are issued and each subsequent \n update to such respective guidelines shall be made not later \n than the last day of each subsequent three-year period.\n ``(c) Consideration of Other Guidelines.--In developing and \nupdating the guidelines under this section, the Director of NIH shall, \nas appropriate, take into consideration guidelines on human stem cell \nresearch developed by nationally- and internationally-recognized \nscientific organizations.\n ``(d) Application of Guidelines to Research.--\n ``(1) In general.--Subject to paragraph (2), research that \n is first conducted or supported by the National Institutes of \n Health on or after the effective date of the applicable \n guidelines under subsection (a) shall comply with such \n guidelines.\n ``(2) Exception for cells derived before the effective date \n of the guidelines.--The Director of NIH shall determine the \n extent to which the guidelines under this section shall apply \n to research described in paragraph (1) that uses human stem \n cells derived before the effective date of such guidelines.\n ``(e) Public Disclosure.--The Director of NIH shall publish the \nguidelines issued and updated under this section on the public website \nof the National Institutes of Health.''.\n\nSEC. 4. REPORTING REQUIREMENTS.\n\n Section 403(a)(5) of the Public Health Service Act (42 U.S.C. \n283(a)(5)) is amended--\n (1) by redesignating subparagraph (L) as (M); and\n (2) by inserting the following:\n ``(L) Human stem cells.''.\n\nSEC. 5. SENSE OF CONGRESS.\n\n It is the sense of the Congress that--\n (1) in developing, updating, and implementing the \n guidelines under section 498E of the Public Health Service Act, \n as added by section 3, the Director of the National Institutes \n of Health should consult with the Commissioner of Food and \n Drugs;\n (2) any research using human stem cells, irrespective of \n whether such research is federally funded, should comply with \n the guidelines under section 498E; and\n (3) the Commissioner of Food and Drugs should keep the \n Director of the National Institutes of Health informed of the \n types of human stem cell and related research that would \n facilitate the evaluation of the safety or effectiveness of \n drugs, devices, and biological products.","summary":"Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment. (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. And (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements. Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations. Requires NIH research to comply with guidelines under this Act. Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines. And (2) include in its biennial report to Congress a summary of research activities on human stem cells.","title":"To amend the Public Health Service Act to provide for human embryonic stem cell research, to direct the National Institutes of Health to issue guidelines for such stem cell research, and for other purposes.","text_len":5589,"sum_len":1703} {"bill_id":"109_s575","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Educational Opportunity for All Act \nof 2005''.\n\nSEC. 2. EDUCATIONAL OPPORTUNITY FOR ALL TAX CREDIT.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by redesignating \nsection 36 as section 37 and by inserting after section 35 the \nfollowing new section:\n\n``SEC. 36. EDUCATIONAL OPPORTUNITY TAX CREDIT.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--There shall be allowed as a credit \n against the tax imposed by this subtitle for the taxable year \n an amount equal to the qualified tuition expenses paid by the \n taxpayer during the taxable year (for education furnished \n during any academic period beginning in such taxable year).\n ``(2) Per student limitation.--The credit allowed under \n this section shall not exceed $4,000 with respect to any \n individual.\n ``(b) Election Not to Have Section Apply.--A taxpayer may elect not \nto have this section apply with respect to the qualified tuition \nexpenses of an individual for any taxable year.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified tuition expenses.--\n ``(A) In general.--The term `qualified tuition \n expenses' means tuition required for the enrollment or \n attendance of--\n ``(i) the taxpayer,\n ``(ii) the taxpayer's spouse, or\n ``(iii) any dependent of the taxpayer with \n respect to whom the taxpayer is allowed a \n deduction under section 151,\n at an eligible educational institution for courses of \n instruction of such individual at such institution.\n ``(B) Exception for education involving sports, \n etc.--Such term does not include expenses with respect \n to any course or other education involving sports, \n games, or hobbies, unless such course or other \n education is part of the individual's degree program.\n ``(C) Exception for nonacademic fees.--Such term \n does not include student activity fees, athletic fees, \n insurance expenses, or other fees or expenses unrelated \n to an individual's academic course of instruction.\n ``(D) Job improvement included.--Such term shall \n include tuition expenses described in subparagraph (A) \n with respect to any course of instruction at an \n eligible educational institution to acquire or improve \n job skills.\n ``(2) Eligible educational institution.--The term `eligible \n educational institution' means an institution--\n ``(A) which is described in section 481 of the \n Higher Education Act of 1965 (20 U.S.C. 1088), as in \n effect on the date of the enactment of the Taxpayer \n Relief Act of 1997, and\n ``(B) which is eligible to participate in a program \n under title IV of such Act.\n ``(d) Special Rules.--\n ``(1) Identification requirement.--No credit shall be \n allowed under subsection (a) to a taxpayer with respect to the \n qualified tuition expenses of an individual unless the taxpayer \n includes the name and taxpayer identification number of such \n individual on the return of tax for the taxable year.\n ``(2) Adjustment for certain scholarships, etc.--The amount \n of qualified tuition expenses otherwise taken into account \n under subsection (a) with respect to an individual for an \n academic period shall be reduced by the sum of any amounts paid \n for the benefit of such individual which are allocable to such \n period as--\n ``(A) a qualified scholarship which is excludable \n from gross income under section 117,\n ``(B) an educational assistance allowance under \n chapter 30, 31, 32, 34, or 35 of title 38, United \n States Code, or under chapter 1606 of title 10, United \n States Code, and\n ``(C) a payment (other than a gift, bequest, \n devise, or inheritance within the meaning of section \n 102(a)) for such individual`s educational expenses, or \n attributable to such individual's enrollment at an \n eligible educational institution, which is excludable \n from gross income under any law of the United States.\n ``(3) Treatment of expenses paid by dependent.--If a \n deduction under section 151 with respect to an individual is \n allowed to another taxpayer for a taxable year beginning in the \n calendar year in which such individual's taxable year begins--\n ``(A) no credit shall be allowed under subsection \n (a) to such individual for such individual's taxable \n year, and\n ``(B) qualified tuition expenses paid by such \n individual during such individual's taxable year shall \n be treated for purposes of this section as paid by such \n other taxpayer.\n ``(4) Treatment of certain prepayments.--If qualified \n tuition expenses are paid by the taxpayer during a taxable year \n for an academic period which begins during the first 3 months \n following such taxable year, such academic period shall be \n treated for purposes of this section as beginning during such \n taxable year.\n ``(5) Denial of double benefit.--No credit shall be allowed \n under this section for any expense for which a deduction is \n allowed under any other provision of this chapter.\n ``(6) Coordination with hope scholarship and lifetime \n learning credits.--The qualified tuition and related expenses \n with respect to an individual for whom a Hope Scholarship \n Credit or the Lifetime Learning Credit under section 25A is \n allowed for the taxable year shall not be taken into account \n under this section.\n ``(7) No credit for married individuals filing separate \n returns.--If the taxpayer is a married individual (within the \n meaning of section 7703), this section shall apply only if the \n taxpayer and the taxpayer's spouse file a joint return for the \n taxable year.\n ``(8) Nonresident aliens.--If the taxpayer is a nonresident \n alien individual for any portion of the taxable year, this \n section shall apply only if such individual is treated as a \n resident alien of the United States for purposes of this \n chapter by reason of an election under subsection (g) or (h) of \n section 6013.\n ``(e) Regulations.--The Secretary may prescribe such regulations as \nmay be necessary or appropriate to carry out this section, including \nregulations providing for a recapture of the credit allowed under this \nsection in cases where there is a refund in a subsequent taxable year \nof any amount which was taken into account in determining the amount of \nsuch credit.''.\n (b) Refundability of Credit.--Paragraph (2) of section 1324(b) of \ntitle 31, United States Code, is amended by inserting before the period \n``or enacted by the Educational Opportunity for All Act of 2005''.\n (c) Conforming Amendments.--\n (1) Sections 135(d)(2)(A), 222(c)(2)(A), \n 529(c)(3)(B)(v)(II), and 530(d)(2)(C)(i)(II) of the Internal \n Revenue Code of 1986 are each amended by inserting ``or section \n 36'' after ``section 25A'' each place it appears.\n (2) Section 6213(g)(2)(J) of such Code is amended by \n inserting ``or section 36(d)(1)'' after ``expenses)''.\n (3) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the item relating to section 36 and inserting the following:\n\n ``Sec. 36. Educational opportunity tax credit.\n ``Sec. 37. Overpayments of tax.''.\n (d) Effective Date.--The amendments made by this section shall \napply to expenses paid after December 31, 2004, for education furnished \nin academic periods beginning after such date.","summary":"Educational Opportunity for All Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for qualfied tuition expenses. Defines qualified tuition expenses as tuition required for the enrollment of the taxpayer, the taxpayer's spouse or dependents at an institution of higher learning. Limits the annual amount of such credit to $4,000 per student.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit for certain education expenses.","text_len":8631,"sum_len":370} {"bill_id":"104_hr2391","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Working Families Flexibility Act of \n1996''.\n\nSEC. 2. COMPENSATORY TIME.\n\n Subsection (o) of section 7 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 207) is amended--\n (1) by striking paragraphs (1) through (5) and inserting \n the following:\n ``(1) An employee may receive, in accordance with this subsection \nand in lieu of monetary overtime compensation, compensatory time off at \na rate not less than one and one-half hours for each hour of employment \nfor which overtime compensation is required by this section.\n ``(2) An employer may provide compensatory time under paragraph (1) \nonly--\n ``(A) pursuant to--\n ``(i) applicable provisions of a collective \n bargaining agreement, memorandum of understanding, or \n any other agreement between the employer and \n representatives of such employees, or\n ``(ii) in the case of employees who are not \n represented by a collective bargaining agent or other \n representative designated by the employee, an agreement \n or understanding arrived at between the employer and \n employee before the performance of the work if such \n agreement or understanding was entered into knowingly \n and voluntarily by such employee;\n ``(B) in the case of an employee who is not an employee of \n a public agency, if such employee has affirmed, in a written or \n otherwise verifiable statement that is made, kept, and \n preserved in accordance with section 11(c), that the employee \n has chosen to receive compensatory time in lieu of overtime \n compensation; and\n ``(C) if the employee has not accrued compensatory time in \n excess of the limit applicable to the employee prescribed by \n paragraph (4) or (5).\nIn the case of employees described in subparagraph (A)(ii) who are \nemployees of a public agency and who were hired before April 15, 1986, \nthe regular practice in effect on such date with respect to \ncompensatory time off for such employees in lieu of the receipt of \novertime compensation, shall constitute an agreement or understanding \ndescribed in such subparagraph. Except as provided in the preceding \nsentence, the provision of compensatory time off to employees of a \npublic agency for hours worked after April 14, 1986, shall be in \naccordance with this subsection. An employer may provide compensatory \ntime under paragraph (1) to an employee who is not an employee of a \npublic agency only if such agreement or understanding was not a \ncondition of employment.\n ``(3) An employer which is not a public agency and which provides \ncompensatory time under paragraph (1) to employees shall not directly \nor indirectly intimidate, threaten, or coerce or attempt to intimidate, \nthreaten, or coerce any employee for the purpose of--\n ``(A) interfering with such employee's rights under this \n subsection to request or not request compensatory time off in \n lieu of payment of overtime compensation for overtime hours; or\n ``(B) requiring any employee to use such compensatory time.\n ``(4)(A) An employee, who is not an employee of a public agency, \nmay accrue not more than 240 hours of compensatory time.\n ``(B)(i) Not later than January 31 of each calendar year, the \nemployee's employer shall provide monetary compensation for any \ncompensatory time off accrued during the preceding calendar year which \nwas not used prior to December 31 of the preceding year at the rate \nprescribed by paragraph (6). An employer may designate and communicate \nto the employer's employees a 12-month period other than the calendar \nyear, in which case such compensation shall be provided not later than \n31 days after the end of such 12-month period.\n ``(ii) The employer may provide monetary compensation for an \nemployee's unused compensatory time in excess of 80 hours at any time \nafter giving the employee at least 30 days notice. Such compensation \nshall be provided at the rate prescribed by paragraph (6).\n ``(iii) An employer which has adopted a policy offering \ncompensatory time to employees may discontinue such policy upon giving \nemployees 30 days notice. An employee who is not an employee of a \npublic agency may withdraw an agreement or understanding described in \nparagraph (2)(A)(ii) at any time.\n ``(C) An employee may also request in writing that monetary \ncompensation be provided, at any time, for all compensatory time \naccrued which has not yet been used. Within 30 days of receiving the \nwritten request, the employer shall provide the employee the monetary \ncompensation due in accordance with paragraph (6).\n ``(5)(A) If the work of an employee of a public agency for which \ncompensatory time may be provided included work in a public safety \nactivity, an emergency response activity, or a seasonal activity, the \nemployee engaged in such work may accrue not more than 480 hours of \ncompensatory time for hours worked after April 15, 1986. If such work \nwas any other work, the employee engaged in such work may accrue not \nmore than 240 hours of compensatory time for hours worked after April \n15, 1986. Any such employee who, after April 15, 1986, has accrued 480 \nor 240 hours, as the case may be, of compensatory time off shall, for \nadditional overtime hours of work, be paid overtime compensation.\n ``(B) If compensation is paid to an employee described in \nsubparagraph (A) for accrued compensatory time off, such compensation \nshall be paid at the regular rate earned by the employee at the time \nthe employee receives such payment.\n ``(6)(A) An employee of an employer which is not a public agency \nwho has accrued compensatory time off authorized to be provided under \nparagraph (1) shall, upon the voluntary or involuntary termination of \nemployment, be paid for the unused compensatory time at a rate of \ncompensation not less than--\n ``(i) the average regular rate received by such employee \n during the period during which the compensatory time was \n accrued, or\n ``(ii) the final regular rate received by such employee,\nwhichever is higher.\n ``(B) An employee of an employer which is a public agency who has \naccrued compensatory time off authorized to be provided under paragraph \n(1) shall, upon the voluntary or involuntary termination of employment, \nbe paid for the unused compensatory time at a rate of compensation not \nless than--\n ``(i) the average regular rate received by such employee \n during the last 3 years of the employee's employment, or\n ``(ii) the final regular rate received by such employee,\nwhichever is higher.\n ``(C) Any payment owed to an employee under this subsection for \nunused compensatory time shall be considered unpaid overtime \ncompensation.\n ``(7) An employee--\n ``(A) who has accrued compensatory time off authorized to \n be provided under paragraph (1), and\n ``(B) who has requested the use of such compensatory time,\nshall be permitted by the employee's employer to use such time within a \nreasonable period after making the request if the use of the \ncompensatory time does not unduly disrupt the operations of the \nemployer.''; and\n (2) by redesignating paragraphs (6) and (7) as paragraphs \n (8) and (9), respectively.\n\nSEC. 3. REMEDIES.\n\n Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) \nis amended--\n (1) in subsection (b), by striking ``(b) Any employer'' and \n inserting ``(b) Except as provided in subsection (f), any \n employer''; and\n (2) by adding at the end the following:\n ``(f) An employer which is not a public agency and which violates \nsection 7(o)(3) shall be liable to the employee affected in the amount \nof the rate of compensation (determined in accordance with section \n7(o)(6)(A)) for each hour of compensatory time accrued by the employee \nand in an additional equal amount as liquidated damages reduced by the \namount of such rate of compensation for each hour of compensatory time \nused by such employee.''.\n\nSEC. 4. NOTICE TO EMPLOYEES.\n\n Not later than 30 days after the date of the enactment of this Act, \nthe Secretary of Labor shall revise the materials the Secretary \nprovides, under regulations published at 29 C.F.R. 516.4, to employers \nfor purposes of a notice explaining the Fair Labor Standards Act of \n1938 to employees so that such notice reflects the amendments made to \nsuch Act by this Act.\n\n Passed the House of Representatives July 30, 1996.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Working Families Flexibility Act of 1996 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to an agreement with employee representatives, or, where there are no designated representatives, with the employee if such agreement was entered into knowingly and voluntarily. (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay. And (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay. Or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue . Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period. And (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee. Directs the Secretary of Labor to revise materials provided to employers for notices explaining FLSA to employees to reflect amendments made by this Act.","title":"Working Families Flexibility Act of 1996","text_len":8967,"sum_len":2541} {"bill_id":"105_hr1124","text":"SECTION 1. 100 PERCENT CAPITAL GAINS DEDUCTION.\n\n (a) General Rule.--Section 1201 of the Internal Revenue Code of \n1986 is amended to read as follows:\n\n``SEC. 1201. CAPITAL GAINS DEDUCTION.\n\n ``(a) General Rule.--If for any taxable year a taxpayer has a net \ncapital gain, 100 percent of such gain shall be a deduction from gross \nincome.\n ``(b) Estates and Trusts.--In the case of an estate or trust, the \ndeduction shall be computed by excluding the portion (if any) of the \ngains for the taxable year from sales or exchanges of capital assets \nwhich, under sections 652 and 662 (relating to inclusions of amounts in \ngross income of beneficiaries of trusts), is includible by the income \nbeneficiaries as gain derived from the sale or exchange of capital \nassets.\n ``(c) Coordination With Treatment of Capital Gain Under Limitation \non Investment Interest.--For purposes of this section, the net capital \ngain for any taxable year shall be reduced (but not below zero) by the \namount which the taxpayer takes into account as investment income under \nsection 163(d)(4)(B)(iii).\n ``(d) Transitional Rules.--\n ``(1) In general.--In the case of a taxable year which \n includes January 1, 1997--\n ``(A) the amount taken into account as the net \n capital gain under subsection (a) shall not exceed the \n net capital gain determined by only taking into account \n gains and losses properly taken into account for the \n portion of the taxable year on or after January 1, \n 1997, and\n ``(B) the amount of the net capital gain taken into \n account in applying section 1(h) for such year shall be \n reduced by the amount taken into account under \n subparagraph (A) for such year.\n ``(2) Special rules for pass-thru entities.--\n ``(A) In general.--In applying paragraph (1) with \n respect to any pass-thru entity, the determination of \n when gains and losses are properly taken into account \n shall be made at the entity level.\n ``(B) Pass-thru entity defined.--For purposes of \n subparagraph (A), the term `pass-thru entity' means--\n ``(i) a regulated investment company,\n ``(ii) a real estate investment trust,\n ``(iii) an S corporation,\n ``(iv) a partnership,\n ``(v) an estate or trust, and\n ``(vi) a common trust fund.''\n (b) Deduction Allowable in Computing Adjusted Gross Income.--\nSubsection (a) of section 62 of such Code is amended by inserting after \nparagraph (16) the following new paragraph:\n ``(17) Long-term capital gains.--The deduction allowed by \n section 1201.''\n (c) Technical and Conforming Changes.--\n (1) Section 1 of such Code is amended by striking \n subsection (h).\n (2) Section 12 of such Code is amended by striking \n paragraph (4) and redesignating the following paragraphs \n accordingly.\n (3)(A) Subsection (a) of section 57 of such Code is amended \n by striking paragraph (7).\n (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code \n is amended by striking ``, (5), and (7)'' and inserting ``and \n (5)''.\n (4) The first sentence of paragraph (1) of section 170(e) \n of such Code is amended by striking ``reduced by the sum of--'' \n and all that follows and inserting ``reduced by the amount of \n gain which would not have been long-term capital gain if the \n property contributed had been sold by the taxpayer at its fair \n market value (determined at the time of such contribution).''\n (5) Paragraph (2) of section 172(d) of such Code is amended \n to read as follows:\n ``(2) Capital gains and losses.--\n ``(A) Losses of taxpayers other than \n corporations.--In the case of a taxpayer other than a \n corporation, the amount deductible on account of losses \n from sales or exchanges of capital assets shall not \n exceed the amount includible on account of gains from \n sales or exchanges of capital assets.\n ``(B) Deduction for capital gains.--The deduction \n under section 1201 shall not be allowed.''\n (6) The last sentence of section 453A(c)(3) of such Code is \n amended by striking all that follows ``long-term capital \n gain,'' and inserting ``the deduction under section 1201 shall \n be taken into account.''\n (7) Paragraph (2) of section 468B(b) of such Code is \n amended by inserting ``the deduction allowed by section 1201 \n and by'' after ``reduced by''.\n (8) Paragraph (2) of section 527(b) of such Code is hereby \n repealed.\n (9) Subparagraph (A) of section 641(d)(2) of such Code is \n amended by striking ``Except as provided in section 1(h), the'' \n and inserting ``The''.\n (10) Paragraph (4) of section 642(c) of such Code is \n amended to read as follows:\n ``(4) Adjustments.--To the extent that the amount otherwise \n allowable as a deduction under this subsection consists of gain \n from the sale or exchange of capital assets held for more than \n 1 year, proper adjustment shall be made for any deduction \n allowable to the estate or trust under section 1201 (relating \n to capital gains deduction). In the case of a trust, the \n deduction allowed by this subsection shall be subject to \n section 681 (relating to unrelated business income).''\n (11) The last sentence of section 643(a)(3) of such Code is \n amended to read as follows: ``The deduction under section 1201 \n (relating to capital gains deduction) shall not be taken into \n account.''\n (12) Subparagraph (C) of section 643(a)(6) of such Code is \n amended by inserting ``(i)'' before ``there shall'' and by \n inserting before the period ``, and (ii) the deduction under \n section 1201 (relating to capital gains deduction) shall not be \n taken into account''.\n (13) Paragraph (4) of section 691(c) of such Code is \n amended by striking ``1(h),''.\n (14) Paragraph (2) of section 801(a) of such Code is hereby \n repealed.\n (15) Subsection (c) of section 831 of such Code is amended \n by striking paragraph (1) and redesignating the following \n paragraphs accordingly.\n (16)(A) Paragraph (3) of section 852(b) of such Code is \n amended by striking subparagraph (A).\n (B) Subparagraph (D) of section 852(b)(3) of such Code is \n amended--\n (i) in clause (i) by striking ``shall not exceed'' \n and all that follows and inserting ``shall not exceed \n that part of the excess (if any) of the net capital \n gain over the deduction for dividends paid (as defined \n in section 561 and determined with reference to capital \n gain dividends only) which he would have received if \n all of such amount had been distributed as capital gain \n dividends by the company to the holders of such shares \n at the close of its taxable year.'', and\n (ii) by striking clauses (ii), (iii), and (iv) and \n redesignating clause (v) as clause (ii).\n (17)(A) Paragraph (2) of section 857(b) of such Code is \n amended by adding at the end the following new subparagraph:\n ``(G) There shall be excluded the amount of the net \n capital gain, if any.''\n (B) Paragraph (3) of section 857(b) of such Code is amended \n by striking subparagraph (A).\n (C) Subparagraph (C) of section 857(b)(3) of such Code is \n amended by striking ``the excess described in subparagraph \n (A)(ii) of this paragraph'' and inserting ``the excess (if any) \n of the net capital gain over the deduction for dividends paid \n (as defined in section 561 and determined with reference to \n capital gain dividends only)''.\n (18) The second sentence of section 871(a)(2) of such Code \n is amended by striking ``1202'' and inserting ``1201''.\n (19) Paragraph (1) of section 882(a) of such Code is \n amended by striking ``section 11, 55, 59A, or 1201(a)'' and \n inserting ``section 11, 55, or 59A''.\n (20)(A) Paragraph (2) of section 904(b) of such Code is \n amended to read as follows:\n ``(2) Capital gains.--Taxable income from sources outside \n the United States shall include gain from the sale or exchange \n of capital assets only to the extent of foreign source capital \n gain net income.''\n (B) Paragraph (3) of section 904(b) of such Code is amended \n by striking subparagraphs (B), (D), and (E) and by \n redesignating subparagraph (C) as subparagraph (B).\n (21) Section 1202 of such Code is hereby repealed.\n (22) Subsection (b) of section 1374 of such Code is amended \n by striking paragraph (4).\n (23) Subsection (b) of section 1381 of such Code is amended \n by striking ``or 1201''.\n (24) Paragraph (1) of section 1402(i) of such Code is \n amended by inserting ``, and the deduction provided by section \n 1201 shall not apply'' before the period at the end thereof.\n (25) Subsection (e) of section 1445 of such Code is \n amended--\n (A) in paragraph (1) by striking ``35 percent (or, \n to the extent provided in regulations, 28 percent)'' \n and inserting ``the rate specified by the Secretary'', \n and\n (B) in paragraph (2) by striking ``35 percent'' and \n inserting ``the rate specified by the Secretary''.\n (26) Clause (i) of section 6425(c)(1)(A) of such Code is \n amended by striking ``or 1201(a)''.\n (27) Clause (i) of section 6655(g)(1)(A) of such Code is \n amended by striking ``or 1201(a)''.\n (28)(A) The second sentence of section 7518(g)(6)(A) of \n such Code is amended to read as follows:\n ``No tax shall be imposed under the preceding sentence \n with respect to the portion of any nonqualified \n withdrawal made out of the capital gain account.''\n (B) The second sentence of section 607(h)(6)(A) of the \n Merchant Marine Act, 1936, is amended to read as follows:\n ``No tax shall be imposed under the preceding sentence \n with respect to the portion of any nonqualified \n withdrawal made out of the capital gain account.''\n (29) The table of sections for part I of subchapter P of \n chapter 1 of such Code is amended to read as follows:\n\n ``Sec. 1201. Capital gains deduction.''\n (d) Effective Dates.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n taxable years ending after December 31, 1996.\n (2) Repeal of section 1(h).--The amendment made by \n subsection (c)(1) shall apply to taxable years beginning after \n January 1, 1997.\n (3) Contributions.--The amendment made by subsection (c)(4) \n shall apply only to contributions on or after January 1, 1997.\n (4) Withholding.--The amendment made by subsection (c)(25) \n shall apply only to amounts paid after the date of the \n enactment of this Act.\n (5) Coordination with prior transition rule.--Any amount \n treated as long-term capital gain by reason of paragraph (3) of \n section 1122(h) of the Tax Reform Act of 1986 shall not be \n taken into account for purposes of applying section 1201 of the \n Internal Revenue Code of 1986 (as added by this section).","summary":"Amends the Internal Revenue Code to replace provisions relating to an alternative tax for corporations on capital gains with provisions making 100 percent of the net capital gain of a taxpayer a deduction from gross income. Provides for the treatment of estates and trusts. Requires reducing net capital gain by the amount the taxpayer takes into account as investment income under specified provisions.","title":"To amend the Internal Revenue Code of 1986 to provide that no capital gains tax shall apply to individuals or corporations.","text_len":12502,"sum_len":403} {"bill_id":"103_hr804","text":"SECTION 1. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS.\n\n (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 \n(relating to environmental taxes) is amended by adding at the end \nthereof the following new subchapter:\n\n ``Subchapter E--Carbon Tax on Primary Fossil Fuels\n\n``Sec. 4691. Tax on coal.\n``Sec. 4692. Tax on petroleum.\n``Sec. 4693. Tax on natural gas.\n``Sec. 4694. Inflation adjustments.\n\n``SEC. 4691. TAX ON COAL.\n\n ``(a) General Rule.--There is hereby imposed a tax at the rate \nspecified in subsection (b) on coal sold by the producer or importer \nthereof.\n ``(b) Rate of Tax.--\n ``(1) In general.--Except as provided in paragraph (2), the \n rate of the tax imposed by subsection (a) shall be $18 per ton.\n ``(2) Phase-in.--\n \n The rate of the tax\n \n imposed by subsection\n Effective during\n (a) shall be the fol-\n calendar year:\n lowing amount per ton:\n 1994................................. $3.60\n 1995................................. $7.20\n 1996................................. $10.80\n 1997................................. $14.40\n ``(c) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Coal to include lignite.--The term `coal' includes \n lignite.\n ``(2) Ton.--The term `ton' means 2,000 pounds.\n ``(3) Use treated as sale.--If the producer or importer of \n any coal uses such coal, such producer or importer shall be \n liable for tax under this section in the same manner as if such \n coal were sold by such producer or importer.\n\n``SEC. 4692. TAX ON PETROLEUM.\n\n ``(a) General Rule.--There is hereby imposed a tax at the rate \nspecified in subsection (c) on any petroleum with respect to which \nthere is a taxable event.\n ``(b) Taxable Event.--For purposes of this section, the term \n`taxable event' means any event which would result in tax being imposed \nunder section 4611 if--\n ``(1) such section were applied without regard to \n subsections (b)(2), (e), and (f) thereof, and\n ``(2) section 4612(b) were applied by substituting `section \n 4692' for `section 4611'.\n ``(c) Amount of Tax.--\n ``(1) In general.--Except as provided in paragraph (2), the \n rate of the tax imposed by subsection (a) shall be $3.90 per \n barrel.\n ``(2) Phase-in.--\n \n The rate of the tax\n \n imposed by subsection\n Effective during\n (a) shall be the fol-\n calendar year:\n lowing amount per barrel:\n 1994................................. $.78\n 1995................................. $1.56\n 1996................................. $2.34\n 1997................................. $3.12\n ``(d) Person Liable for Tax.--The person required to pay the tax \nimposed by this section on any petroleum shall be determined under the \nprinciples of section 4611(d).\n ``(e) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Petroleum.--The term `petroleum' means any petroleum \n product including crude oil.\n ``(2) Barrel.--The term `barrel' means 42 United States \n gallons.\n ``(3) Fraction of barrel.--In the case of a fraction of a \n barrel, the tax imposed by this section shall be the same \n fraction of the amount of such tax imposed on a whole barrel.\n ``(4) Certain rules made applicable.--Rules similar to the \n rules of subsections (c) and (e) of section 4612 shall apply to \n the tax imposed by this section.\n\n``SEC. 4693. TAX ON NATURAL GAS.\n\n ``(a) General Rule.--There is hereby imposed a tax at the rate \nspecified in subsection (c) on--\n ``(1) natural gas received at a United States pipeline \n facility, and\n ``(2) natural gas entered into the United States for \n consumption, use, or warehousing.\n ``(b) Tax on Certain Uses, Etc.--\n ``(1) In general.--If--\n ``(A) any domestic natural gas is used in or \n exported from the United States, and\n ``(B) before such use or exportation, no tax was \n imposed on such natural gas under subsection (a),\n then a tax at the rate specified in subsection (c) is hereby \n imposed on such natural gas.\n ``(2) Exception for certain uses on premises where \n produced.--Paragraph (1) shall not apply to any use of natural \n gas for extracting oil or natural gas on the premises where \n such natural gas was produced. The preceding sentence shall not \n apply to any use involving the combustion of the natural gas.\n ``(c) Rate of Tax.--\n ``(1) In general.--Except as provided in paragraph (2), the \n rate of the taxes imposed by this section shall be 48 cents per \n MCF.\n ``(2) Phase-in.--\n \n The rate of the taxes\n \n imposed by subsection (a)\n Effective during\n shall be the fol-\n calendar year\n lowing amount per MCF\n 1994................................. $.096\n 1995................................. $.192\n 1996................................. $.288\n 1997................................. $.384\n ``(d) Persons Liable for Tax.--\n ``(1) Receipt at pipeline.--The tax imposed by subsection \n (a)(1) shall be paid by the operator of the United States \n pipeline facility.\n ``(2) Importation.--The tax imposed by subsection (a)(2) \n shall be paid by the person entering the natural gas for \n consumption, use, or warehousing.\n ``(3) Tax on use or exports.--The tax imposed by subsection \n (b) shall be paid by the person using or exporting the natural \n gas, as the case may be.\n ``(e) Definitions.--For purposes of this section--\n ``(1) Natural gas.--The term `natural gas' includes any \n natural gas liquid which is not treated as petroleum for \n purposes of the tax imposed by section 4692.\n ``(2) Domestic natural gas.--The term `domestic natural \n gas' means any natural gas produced from a well located in the \n United States.\n ``(3) United states pipeline facility.--The term `United \n States pipeline facility' means any pipeline in the United \n States used for purposes of transporting natural gas (other \n than a pipeline which is part of a gathering system).\n ``(4) MCF.--The term `MCF' means 1,000 cubic feet.\n ``(5) Other definitions.--The terms `United States' and \n `premises' have the respective meanings given such terms by \n section 4612(a).\n ``(6) Fractional part of mcf.--In the case of a fraction of \n an MCF, the tax imposed by this section shall be the same \n fraction of the amount of such tax imposed on a whole MCF.\n ``(7) Certain rules made applicable.--Rules similar to the \n rules of subsections (b), (c), and (e) of section 4612 shall \n apply to the tax imposed by this section.\n\n``SEC. 4694. INFLATION ADJUSTMENTS.\n\n ``(a) General Rule.--Each rate of tax which would otherwise be in \neffect under this subchapter during any calendar year after 1994 shall \nbe increased by the percentage (if any) by which--\n ``(1) the CPI for the preceding calendar year (as defined \n in section 1(f)(4)), exceeds\n ``(2) the CPI for calendar year 1993 (as so defined).\n ``(b) Rounding.--Any increase under subsection (a) shall be \nrounded--\n ``(1) to the nearest multiple of 10 cents in the case of a \n rate in effect under section 4691,\n ``(2) to the nearest multiple of 1 cent in the case of a \n rate in effect under section 4692, and\n ``(3) to the nearest multiple of 1\/10 cent in the case of a \n rate in effect under section 4693.''\n (b) Clerical Amendment.--The table of subchapters for chapter 38 of \nsuch Code is amended by adding at the end thereof the following new \nitem:\n\n ``Subchapter E. Carbon tax on primary \n fossil fuels.''\n (c) Effective Date.--The amendments made by this section shall take \neffect on January 1, 1994.","summary":"Amends the Internal Revenue Code to impose a tax on the sale or importation of the following fuels based on their carbon content: coal, petroleum, and natural gas. Provides an inflation adjustment for such tax rates after calendar year 1994.","title":"To amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on certain fuels based on their carbon content.","text_len":9256,"sum_len":241} {"bill_id":"106_hr781","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Access and Work Incentives \nAct''.\n\n TITLE I--PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS\n\nSEC. 101. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS.\n\n (a) Preference.--In awarding a contract covered by this section, \nthe head of a department or agency of the Federal Government shall give \npreference to an entity that agrees to hire welfare recipients for jobs \ncreated to carry out the contract.\n (b) Evaluation.--To carry out subsection (a), the head of a \ndepartment or agency shall develop a system under which, in the \nevaluation of an offer from an entity for a contract, the preference \ngiven to the entity will be greater as the number of welfare recipients \nthat the offeror agrees to hire increases.\n (c) Exceptions.--The requirement of subsection (a) shall not apply \nin the evaluation of offers for a contract if--\n (1) the Secretary of Defense determines that the subsection \n should not apply for national security reasons; or\n (2) the head of the department or agency determines that no \n entry-level jobs are expected to be created to carry out the \n contract.\n (d) Covered Contracts.--This section applies to any contract in an \namount in excess of $500,000 entered into after the date of the \nenactment of this Act by a department or agency of the Federal \nGovernment using competitive procedures.\n (e) Welfare Recipient.--The term ``welfare recipient'' means a \nrecipient of assistance under a State program funded under part A of \ntitle IV of the Social Security Act.\n\n TITLE II--JOB ACCESS AND REVERSE COMMUTE GRANTS\n\nSEC. 201. JOB ACCESS AND REVERSE COMMUTE GRANTS.\n\n Section 3037(l)(1) of the Transportation Equity Act for the 21st \nCentury (49 U.S.C. 5309 note; 112 Stat. 391) is amended--\n (1) in subparagraph (A) by striking clauses (ii) through \n (v) and inserting the following:\n ``(ii) $500,000,000 for fiscal year 2000;\n ``(iii) $500,000,000 for fiscal year 2001;\n ``(iv) $500,000,000 for fiscal year 2002;\n ``(v) $500,000,000 for fiscal year 2003; \n and\n ``(vi) $500,000,000 for fiscal year \n 2004.'';\n (2) in subparagraph (B) by striking ``this section'' and \n all that follows through the period at the end and inserting \n ``this section $10,000,000 for fiscal year 1999.''; and\n (3) in subparagraph (C) by striking ``this section'' and \n all that follows through the period at the end and inserting \n ``this section $100,000,000 for fiscal year 1999.''.\n\n TITLE III--GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT \n WELFARE RECIPIENTS\n\nSEC. 301. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT \n WELFARE RECIPIENTS.\n\n (a) In General.--The Secretary of Health and Human Services may \nprovide loan guarantees to States in accordance with this section.\n (b) Limitation on Annual Amount of Loan Guarantees.--The total \ndollar amount of loan guarantees that may be provided under this \nsection in a fiscal year shall not exceed $50,000,000.\n (c) Limitation on Annual Amount of Loan Guarantees per State.--The \ntotal dollar amount of loan guarantees that may be provided to a State \nunder this section in a fiscal year is the amount that bears the same \nratio to $50,000,000 as the total dollar amount payable to the State \nunder section 403(a)(1) of the Social Security Act for the fiscal year \n(determined without regard to any penalty imposed under section 409 of \nsuch Act) bears to the total dollar amount payable to all States under \nsuch section 403(a)(1) for the fiscal year (as so determined).\n (d) Loans That May Be Guaranteed.--The Secretary of Health and \nHuman Services may provide a loan guarantee under this section with \nrespect to a loan if--\n (1) the loan is made by a State;\n (2) the borrower is a recipient of assistance under a State \n program funded under part A of title IV of the Social Security \n Act;\n (3) the principal amount of the loan is not less than $20 \n and not more than $5,000; and\n (4) the loan bears interest at an annual rate that does not \n exceed the rate at which interest is payable annually on bonds \n most recently issued by the smallest political subdivision of \n the State in which the borrower resides that has borrowing \n authority.\n (e) Definition of State.--In this section, the term ``State'' has \nthe meaning given such term in section 419(5) of the Social Security \nAct.\n (f) Regulations.--The Secretary of Health and Human Services shall \nprescribe such regulations as may be necessary to carry out this \nsection.\n\n TITLE IV--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES\n\nSEC. 401. APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF SUBSTANCE ABUSE \n AND MENTAL HEALTH SERVICES ADMINISTRATION.\n\n For carrying out titles V and XIX of the Public Health Service Act \nwith respect to substance abuse and mental health services, there is \nappropriated, out of any money in the Treasury not otherwise \nappropriated, $2,730,000,000 for fiscal year 2000.\n\n TITLE V--RESTORATION OF DEDUCTIONS\n\nSEC. 501. RESTORATION OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT \n AND FOR TRAVEL EXPENSES OF SPOUSES AND OTHERS \n ACCOMPANYING THE TAXPAYER ON BUSINESS.\n\n (a) Restoration of Deduction for Business Meals and \nEntertainment.--\n (1) In general.--Subsection (n) of section 274 of the \n Internal Revenue Code of 1986 (relating to only 50 percent of \n meal and entertainment expenses allowed as deduction) is hereby \n repealed.\n (2) Effective date.--The amendment made by this subsection \n shall apply to taxable years beginning after December 31, 1999.\n (b) Repeal of Special Limitation on Deduction for Travel Expenses \nof Spouses, Etc.--\n (1) In general.--Subsection (m) of section 274 of such Code \n is amended by striking paragraph (3).\n (2) Effective date.--The amendment made by this subsection \n shall apply to amounts paid or incurred after December 31, \n 1999.","summary":"TABLE OF CONTENTS: Title I: Preference for Contractors That Hire Welfare Recipients Title II: Job Access and Reverse Commute Grants Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients Title IV: Substance Abuse and Mental Health Services Title V: Restoration of Deductions Job Access and Work Incentives Act - Title I: Preference for Contractors that Hire Welfare Recipients - Requires the head of a department or agency of the Federal Government, in awarding a covered contract , to give preference to an entity that agrees to hire welfare recipients (a recipient of assistance under part A for jobs created to carry out the contract. Title II: Job Access and Reverse Commute Grants - Amends the Transportation Equity Act for the 21st Century to extend and increase the job access and reverse commute grants program. Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients - Authorizes the Secretary of Health and Human Services to provide a loan guarantee to a State with respect to a loan if: (1) the loan is made by a State. (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act. (3) the principal amount of the loan is not less than $20 and not more than $5,000. And (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. Title IV: Substance Abuse and Mental Health Services - Appropriates funds, as specified under the Public Health Service Act, for the Substance Abuse and Mental Health Services Administration. Title V: Restoration of Deductions - Amends the Internal Revenue Code to repeal the current limitations on the deductions for: (1) meals and entertainment expenses. And (2) luxury water transportation, travel as a form of education, and travel expenses for spouses and dependents.","title":"Job Access and Work Incentives Act","text_len":6479,"sum_len":2035} {"bill_id":"114_s1417","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Grain Standards Act \nReauthorization Act of 2015''.\n\nSEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT.\n\n (a) Official Inspection and Weighing Requirements.--\n (1) Weighing requirements at export elevators.--Section \n 5(a)(2) of the United States Grain Standards Act (7 U.S.C. \n 77(a)(2)) is amended in the proviso by striking ``intracompany \n shipments of grain into an export elevator by any mode of \n transportation, grain transferred into an export elevator by \n transportation modes other than barge,'' and inserting \n ``shipments of grain into an export elevator by any mode of \n transportation''.\n (2) Disruption in grain inspection or weighing.--Section 5 \n of the United States Grain Standards Act (7 U.S.C. 77) is \n amended by adding at the end the following:\n ``(d) Disruption in Grain Inspection or Weighing.--In the case of a \ndisruption in official grain inspections or weighings, including if the \nSecretary waives the requirement for official inspection due to an \nemergency under subsection (a)(1), the Secretary shall--\n ``(1) immediately take such actions as are necessary to \n address the disruption and resume inspections or weighings;\n ``(2) not later than 24 hours after the start of the \n disruption in inspection or weighing, submit to the Committee \n on Agriculture of the House of Representatives and the \n Committee on Agriculture, Nutrition, and Forestry of the Senate \n a report that describes--\n ``(A) the disruption; and\n ``(B) any actions necessary to address the concerns \n of the Secretary relating to the disruption so that \n inspections or weighings may resume; and\n ``(3) once the initial report in paragraph (2) has been \n made, provide daily updates until official inspection or \n weighing services at the site of disruption have resumed.''.\n (b) Official Inspection Authority and Funding.--\n (1) Delegation of official inspection authority.--Section \n 7(e)(2) of the United States Grain Standards Act (7 U.S.C. \n 79(e)(2)) is amended--\n (A) by striking ``(2) If the Secretary'' and \n inserting the following:\n ``(2) Delegation of authority to state agencies.--\n ``(A) In general.--If the Secretary'';\n (B) in the first sentence--\n (i) by striking ``and (A)'' and inserting \n ``and (i)'';\n (ii) by striking ``or (B)(i)'' and \n inserting ``or (ii)(I)'';\n (iii) by striking ``(ii)'' and inserting \n ``(II)''; and\n (iv) by striking ``(iii)'' and inserting \n ``(III)''; and\n (C) by adding at the end the following:\n ``(B) Certification.--\n ``(i) In general.--Every 5 years, the \n Secretary shall certify that each State agency \n with a delegation of authority is meeting the \n criteria described in subsection (f)(1)(A).\n ``(ii) Process.--Not later than 1 year \n after the date of enactment of the United \n States Grain Standards Act Reauthorization Act \n of 2015, the Secretary shall establish a \n process for certification under which the \n Secretary shall--\n ``(I) publish in the Federal \n Register notice of intent to certify a \n State agency and provide a 30-day \n period for public comment;\n ``(II) evaluate the public comments \n received and, in accordance with \n paragraph (3), conduct an investigation \n to determine whether the State agency \n is qualified;\n ``(III) make findings based on the \n public comments received and \n investigation conducted; and\n ``(IV) publish in the Federal \n Register a notice announcing whether \n the certification has been granted and \n describing the basis on which the \n Secretary made the decision.\n ``(C) State agency requirements.--\n ``(i) In general.--If a State agency that \n has been delegated authority under this \n paragraph intends to temporarily discontinue \n official inspection or weighing services for \n any reason, except in the case of a major \n disaster, the State agency shall notify the \n Secretary in writing of the intention of the \n State agency to do so at least 72 hours in \n advance of the discontinuation date.\n ``(ii) Secretarial consideration.--The \n Secretary shall consider receipt of a notice \n described in clause (i) as a factor in \n administering the delegation of authority under \n this paragraph.''.\n (2) Consultation.--Section 7(f)(1) of the United States \n Grain Standards Act (7 U.S.C. 79(f)(1)) is amended--\n (A) in subparagraph (A)(xi), by striking ``and'' at \n the end;\n (B) in subparagraph (B), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(C) the Secretary--\n ``(i) periodically conducts a consultation \n with the customers of the applicant, in a \n manner that provides opportunity for protection \n of the identity of the customer if desired by \n the customer, to review the performance of the \n applicant with regard to the provision of \n official inspection services and other \n requirements of this Act; and\n ``(ii) works with the applicant to address \n any concerns identified during the consultation \n process.''.\n (3) Duration of designation authority.--Section 7(g)(1) of \n the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is \n amended by striking ``triennially'' and inserting ``every 5 \n years''.\n (4) Fees.--Section 7(j) of the United States Grain \n Standards Act (7 U.S.C. 79(j)(1)) is amended--\n (A) by striking ``(j)(1) The Secretary'' and \n inserting the following:\n ``(j) Fees.--\n ``(1) Inspection fees.--\n ``(A) In general.--The Secretary'';\n (B) in paragraph (1)--\n (i) the second sentence, by striking ``The \n fees'' and inserting the following:\n ``(B) Amount of fees.--The fees'';\n (ii) in the third sentence, by striking \n ``Such fees'' and inserting the following:\n ``(C) Use of fees.--Fees described in this \n paragraph''; and\n (iii) by adding at the end the following:\n ``(D) Export tonnage fees.--For an official \n inspection at an export facility performed by the \n Secretary, the portion of the fees based on export \n tonnage shall be based on the rolling 5-year average of \n export tonnage volumes.'';\n (C) by redesignating paragraph (4) as paragraph \n (5);\n (D) by inserting after paragraph (3) the following:\n ``(4) Adjustment of fees.--In order to maintain an \n operating reserve of not less than 3 and not more than 6 \n months, the Secretary shall adjust the fees described in \n paragraphs (1) and (2) not less frequently than annually.''; \n and\n (E) in paragraph (5) (as redesignated by \n subparagraph (C)), in the first sentence, by striking \n ``2015'' and inserting ``2020''.\n (c) Weighing Authority.--Section 7A of the United States Grain \nStandards Act (7 U.S.C. 79a) is amended--\n (1) in subsection (c)(2), in the last sentence, by striking \n ``subsection (g) of section 7'' and inserting ``subsections (e) \n and (g) of section 7''; and\n (2) in subsection (l)--\n (A) by striking ``(l)(1) The Secretary'' and \n inserting the following:\n ``(l) Fees.--\n ``(1) Weighing fees.--\n ``(A) In general.--The Secretary'';\n (B) in paragraph (1)--\n (i) the second sentence, by striking ``The \n fees'' and inserting the following:\n ``(B) Amount of fees.--The fees'';\n (ii) in the third sentence, by striking \n ``Such fees'' and inserting the following:\n ``(C) Use of fees.--Fees described in this \n paragraph''; and\n (iii) by adding at the end the following:\n ``(D) Export tonnage fees.--For an official \n weighing at an export facility performed by the \n Secretary, the portion of the fees based on export \n tonnage shall be based on the rolling 5-year average of \n export tonnage volumes.'';\n (C) by redesignating paragraph (3) as paragraph \n (4);\n (D) by inserting after paragraph (2) the following:\n ``(3) Adjustment of fees.--In order to maintain an \n operating reserve of not less than 3 and not more than 6 \n months, the Secretary shall adjust the fees described in \n paragraphs (1) and (2) not less frequently than annually.''; \n and\n (E) in paragraph (4) (as redesignated by \n subparagraph (C)), in the first sentence, by striking \n ``2015'' and inserting ``2020''.\n (d) Limitation and Administrative and Supervisory Costs.--Section \n7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended \nby striking ``2015'' and inserting ``2020''.\n (e) Issuance of Authorization.--Section 8(b) of the United States \nGrain Standards Act (7 U.S.C. 84(b)) is amended by striking \n``triennially'' and inserting ``every 5 years''.\n (f) Appropriations.--Section 19 of the United States Grain \nStandards Act (7 U.S.C. 87h) is amended by striking ``2015'' and \ninserting ``2020''.\n (g) Advisory Committee.--Section 21(e) of the United States Grain \nStandards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and \ninserting ``2020''.\n\nSEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Agriculture shall submit to the Committee on \nAgriculture, Nutrition, and Forestry of the Senate, the Committee on \nAgriculture of the House of Representatives, the Subcommittee on \nAgriculture, Rural Development, Food and Drug Administration, and \nRelated Agencies of the Committee on Appropriations of the Senate, and \nthe Subcommittee on Agriculture, Rural Development, Food and Drug \nAdministration, and Related Agencies of the Committee on Appropriations \nof the House of Representatives a report that describes--\n (1) the specific factors that led to disruption in Federal \n inspection of grain exports at the Port of Vancouver in the \n summer of 2014;\n (2) any factors that contributed to the disruption referred \n to in paragraph (1) that were unique to the Port of Vancouver, \n including a description of the port facility, security needs \n and available resources for that purpose, and any other \n significant factors as determined by the Secretary; and\n (3) any changes in policy that the Secretary has \n implemented to ensure that a similar disruption in Federal \n inspection of grain exports at the Port of Vancouver or any \n other location does not occur in the future.\n\nSEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Agriculture, in consultation with the United States \nTrade Representative, shall submit to the Committee on Agriculture, \nNutrition, and Forestry of the Senate and the Committee on Agriculture \nof the House of Representatives a report that describes--\n (1) the policy barriers to United States grain producers in \n countries the grain of which receives official grading in the \n United States but which do not offer official grading for \n United States grain or provide only the lowest designation for \n United States grain, including an analysis of possible \n inconsistencies with trade obligations; and\n (2) any actions the Executive Branch is taking to remedy \n the policy barriers so as to put United States grain producers \n on equal footing with grain producers in countries imposing the \n barriers.\n ","summary":"United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. USDA must report to Congress on policy barriers to US grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for US grain or provide only the lowest designation for US grain.","title":"United States Grain Standards Act Reauthorization Act of 2015","text_len":14830,"sum_len":2911} {"bill_id":"111_s1359","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Adopted Children Equality \nAct'' or the ``FACE Act''.\n\nSEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUTSIDE THE UNITED \n STATES.\n\n (a) In General.--Section 320(b) of the Immigration and Nationality \nAct (8 U.S.C. 1431(b)) is amended to read as follows:\n ``(b) Citizenship for Children Adopted From Outside the United \nStates.--\n ``(1) In general.--A child born outside the United States \n automatically becomes a citizen of the United States if the \n Secretary of State is satisfied that all of the following \n conditions are met:\n ``(A) The child is adopted by a parent who is a \n citizen of the United States.\n ``(B) The child is younger than 18 years of age.\n ``(C) It is determined that each adopting parent is \n eligible and suitable to adopt the child, including \n determining that the parent is able to support the \n child and has undergone an appropriate criminal \n background check.\n ``(D) Prior to the adoption, the child was an \n unmarried individual younger than 18 years of age--\n ``(i)(I) whose biological parents (or \n parent, in the case of an individual who has 1 \n sole or surviving parent) or other person or \n institution that retains legal custody of the \n individual--\n ``(aa) have freely given their \n written irrevocable consent to the \n termination of their legal relationship \n with the individual, and to the \n individual's emigration and adoption \n and that such consent has not been \n induced by payment or compensation of \n any kind and has not been given prior \n to the birth of the individual;\n ``(bb) are unable to provide proper \n care for the individual, as determined \n by the competent authority of the \n individual's residence; or\n ``(cc) have voluntarily \n relinquished the individual to the \n competent authorities pursuant to the \n law of the individual's residence; or\n ``(II) who, as determined by the competent \n authority of the individual's residence--\n ``(aa) has been abandoned or \n deserted by the individual's biological \n parents or legal guardian; or\n ``(bb) has been orphaned due to the \n death or disappearance of the \n individual's biological parents or \n legal guardian; and\n ``(ii) with respect to whom the Secretary \n of State--\n ``(I) is satisfied that the proper \n care will be furnished the individual \n if admitted to the United States;\n ``(II) is satisfied that the \n purpose of the adoption is to form a \n bona fide parent-child relationship and \n that the parent-child relationship of \n the individual and the biological \n parents has been terminated (and in \n carrying out both obligations under \n this subparagraph, the Secretary of \n State, in consultation with the \n Secretary of Homeland Security, may \n consider whether there is a petition \n pending to confer immigrant status on 1 \n or both of the biological parents);\n ``(III) is satisfied that there has \n been no inducement, financial or \n otherwise, offered to obtain the \n consent nor was it given before the \n birth of the individual; and\n ``(IV) in consultation with the \n Secretary of Homeland Security, is \n satisfied that the individual is not a \n security risk.\n ``(2) Citizenship from birth.--An individual who becomes a \n citizen of the United States pursuant to paragraph (1) shall be \n deemed to have been a citizen of the United States at birth and \n shall be issued a United States Consular Report of Birth.\n ``(3) Special rule for adoptees who are older than 18 years \n of age.--\n ``(A) In general.--A person described in \n subparagraph (B) shall be deemed to have been a citizen \n of the United States at birth after the approval of an \n application filed within the United States or with a \n United States Embassy.\n ``(B) Person described.--A person described in this \n clause is a person who--\n ``(i) is older than 18 years of age;\n ``(ii) was born outside the United States \n and was adopted by a parent who is a citizen of \n the United States before the date on which the \n person reached 18 years of age; and\n ``(iii) was described in subparagraph (E), \n (F), or (G) of section 101(b)(1).\n ``(4) No liability for prior taxes.--An individual who \n becomes a citizen of the United States pursuant to paragraph \n (1) or (3) may not be liable for any taxes that the individual \n would have paid to the United States as a citizen of the United \n States before the date on which the individual becomes such a \n citizen.''.\n (b) Conforming Amendments.--\n (1) Heading.--The heading of section 320 of the Immigration \n and Nationality Act (8 U.S.C. 1431) is amended to read as \n follows:\n\n ``children born outside the united states; conditions under which \n citizenship is acquired''.\n\n (2) Section 301 of the immigration and nationality act.--\n Section 301 of the Immigration and Nationality Act (8 U.S.C. \n 1401) is amended--\n (A) in subsection (g), by striking ``and'' at the \n end;\n (B) in subsection (h), by striking the period at \n the end, inserting a semicolon and ``and''; and\n (C) by adding at the end the following:\n ``(i) a person deemed a citizen at birth pursuant to section \n320(b).''.\n (c) Clerical Amendment.--The table of contents of the Immigration \nand Nationality Act is amended by striking the item relating to section \n320 and inserting the following:\n\n``Sec. 320. Children born outside the United States; conditions under \n which citizenship acquired.''.\n\nSEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT TO THE UNITED STATES \n TO BE ADOPTED.\n\n Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(15)) is amended--\n (1) in subparagraph (U), by striking ``or'' at the end;\n (2) in subparagraph (V), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(W) an individual brought to the United States as \n a child to be adopted by a citizen of the United \n States.''.\n\nSEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOPTION.\n\n (a) Requirement To Provide Opportunity To Appeal.--If the Secretary \nof State determines that a covered individual is not eligible to be \nadopted by a citizen or national of the United States on the basis that \nthe conditions described in subsection (c) are not met, the Secretary \nshall provide--\n (1) a notice of intent to deny the adoption of the child to \n such citizen or national of the United States; and\n (2) an opportunity for such citizen or national to appeal \n the determination.\n (b) Covered Individual Defined.--In this section, the term \n``covered individual'' means an individual who--\n (1) is younger than 18 years of age;\n (2) was born in a foreign country; and\n (3) is seeking to be adopted by a parent who is a citizen \n or national of the United States.\n (c) Conditions for Adoption.--The conditions described in this \nsubsection are met if--\n (1) the covered individual's biological parents (or parent, \n in the case of an individual who has 1 sole or surviving \n parent) or other person or institution that retains legal \n custody of the covered individual--\n (A) have freely given their written irrevocable \n consent to the termination of their legal relationship \n with the individual, and to the individual's emigration \n and adoption and that such consent has not been induced \n by payment or compensation of any kind and has not been \n given prior to the birth of the individual;\n (B) are unable to provide proper care for the \n individual, as determined by the competent authority in \n the country of the individual's residence; or\n (C) have voluntarily relinquished the individual to \n the competent authorities pursuant to the law of the \n country of the individual's residence; or\n (2) the covered individual, as determined by the competent \n authority in the country of the individual's residence--\n (A) has been abandoned or deserted by the \n individual's biological parents or legal guardian; or\n (B) has been orphaned due to the death or \n disappearance of the individual's biological parents or \n legal guardian.\n\nSEC. 5. RULE OF CONSTRUCTION.\n\n Nothing in this Act, or in any amendment made by this Act, may be \nconstrued to--\n (1) abrogate any citizenship rights provided to an adoptee \n by the adoptee's country of origin; or\n (2) nullify the facts of the adoptee's birth history.\n\nSEC. 6. SENSE OF CONGRESS.\n\n It is the sense of Congress that the government of each foreign \ncountry from which children are adopted by citizens of the United \nStates should provide documentation of the adopted children's original \nbirth history to the adoptive family in accordance with the laws of \nsuch country.","summary":"Foreign Adopted Children Equality Act or the FACE Act - Amends the Immigration and Nationality Act to set forth automatic citizenship criteria for a child adopted outside the United States by a US citizen parent. Deems such an adopted child to be a US citizen at birth. Deems to be a US citizen at birth, after the approval of an application filed within the United States or with a US Embassy, a person who: (1) is older than 18 years of age. (2) was born outside the United States and was adopted by a US citizen parent before such person reached 18 years of age. And (3) was adopted under 16 years of age and has lived with the adoptive parents for at least two years, was abused, or is an orphan who was under 16 years of age at the time an immediate relative status petition was filed on his or her behalf. Includes within the definition of nonimmigrant an individual brought to the United States as a child to be adopted by a US citizen. Expresses the sense of Congress that the government of each foreign country from which children are adopted by US citizens should provide the adoptive family with birth history documentation.","title":"A bill to provide United States citizenship for children adopted from outside the United States, and for other purposes.","text_len":11691,"sum_len":1135} {"bill_id":"106_hr304","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Health Access District \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n (a) Comprehensive Health Access District.--In this Act, the term \n``comprehensive health access district'' means a community in which \nunemployment and the percentage of residents with incomes below the \npoverty line are greater than the national average, and in which a \nmajority of the following conditions occur at rates greater than the \nnational average:\n (1) Infant mortality and low birth-weight babies.\n (2) Proportion of children below the age of 5 who have not \n received age-appropriate routine child-hood immunizations.\n (3) Hospitalization for preventable illnesses and \n conditions that may be managed successfully on an outpatient \n basis, such as otitis media, diabetes, and hypertension.\n (4) Emergency room visits for nonemergency conditions.\n (5) Accidental injury.\n (6) Incidence of tuberculosis, acquired immune deficiency \n syndrome, Black Lung disease, or cancer.\n (7) Incidence of violent crimes.\n (b) Comprehensive Community-Based Health Access Plan.--In this Act, \nthe terms ``comprehensive community-based health access plan'' and \n``health access plan'' mean an entity that provides health care \nservices on a prepaid, capitated basis or any other risk basis and that \nthe Secretary has certified meets all the requirements contained in \nsection 5.\n (c) Secretary.--In this Act, the term ``Secretary'' means the \nSecretary of Health and Human Services.\n\nSEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH \n ACCESS DISTRICTS.\n\n Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is \namended--\n (1) by striking the period at the end of paragraph (65) and \n inserting ``; and'', and\n (2) by inserting after paragraph (65) the following new \n paragraph:\n ``(66) provide that each comprehensive health access \n district located within the State is served by a comprehensive \n community-based health access district plan (as such terms are \n defined in section 2 of the Comprehensive Health Access \n District Act).''.\n\nSEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE \n HEALTH ACCESS DISTRICTS.\n\n Each Health Alliance or other health insurance purchasing \ncooperative created as a result of the enactment of comprehensive \nhealth care reform legislation that receives premiums on behalf of \npersons formerly insured under title XIX of the Social Security Act and \nwhose boundaries encompass a comprehensive health access district shall \ninsure that a least one comprehensive community-based health access \nplan is available to persons living in such district.\n\nSEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS.\n\n (a) Organizational Requirements.--\n (1) In general.--A health access plan must--\n (A) be a public or private organization, organized \n under the laws of any State;\n (B) locate its primary place of business in the \n comprehensive health access district it serves;\n (C) give preference in hiring to otherwise \n qualified individuals who live within the comprehensive \n health access district; and\n (D) have made adequate provision against the risk \n of insolvency, which provision is satisfactory to the \n State and which assures that individuals enrolled in a \n plan are in no case liable for debt of the plan in case \n of the plan's insolvency.\n (2) Methods of providing against risk of insolvency.--The \n provisions against the risk of insolvency under paragraph \n (1)(D) may include--\n (A) escrow or similar arrangements to ensure that \n funds for the payment of providers are available only \n for such payments and cannot be otherwise used by the \n plan;\n (B) reinsurance purchased by the plan of an amount \n which is reasonably adequate to insure against \n unexpected costs;\n (C) a demonstration of financial viability, as \n evidenced by the plan's obtaining a significant amount \n of reinsurance, line of credit, or performance bond; or\n (D) such other mechanisms and requirements as the \n State finds appropriate.\n (b) Service Requirements.--\n (1) Basic benefits.--A health access plan shall provide, \n either directly or through arrangements with providers, the \n following basic benefits:\n (A) Hospital services, including inpatient, \n outpatient and 24-hour emergency services.\n (B) Emergency and ambulatory medical and surgical \n services.\n (C) Physicians' services.\n (D) Medical care other than physicians' services \n recognized under State law and furnished by licensed \n practitioners within the scope of their practice as \n defined by State law.\n (E) Dental services.\n (F) Vision services.\n (G) Preventive health care services (including \n children's eye and ear examinations to determine the \n need for vision and hearing correction, well child \n services, immunizations against vaccine-preventable \n diseases, and screening for elevated blood lead \n levels).\n (H) Outpatient laboratory, radiology, and \n diagnostic services.\n (I) Ambulance services.\n (J) Mental health and substance abuse services.\n (K) Family planning services and services for \n pregnant women.\n (L) Outpatient prescription drugs and biologicals.\n (2) Community-based health services.--In addition to \n providing the services described in paragraph (1), a health \n access plan shall--\n (A) identify the most frequent causes of morbidity \n and mortality in the comprehensive health access \n district (such as acquired immune deficiency syndrome, \n tuberculosis, mental illness, substance abuse and \n addiction, childhood developmental disorders \n (particularly those caused by children's exposure to \n violence), asthma, teen pregnancy, unhealthy behaviors \n (such as smoking and high-fat diets), and lead \n poisoning); and\n (B) design and implement programs of prevention, \n early intervention, or treatment intended to ameliorate \n or eliminate the factors identified in subparagraph \n (A).\n (3) Coordination of services.--In addition to \n providing the services described in paragraphs (1) and \n (2), a health access plan must promote its enrollees' \n access to social, educational or economic services \n (such as child day care, nutritional services, \n vocational training, and adult literacy programs).\n (c) Service Network Requirements.--\n (1) Basic service network.--A health access plan shall \n enter into arrangements with a sufficient number and variety of \n providers to guarantee that--\n (A) the plan's enrollees have access to the \n services described in subsection (b); and\n (B) the provider network takes into account and is \n representative of the cultural identity and diversity \n of the community being served.\n (2) Traditional community providers.--A health access plan \n shall, to the extent feasible, draw upon health care providers \n currently serving the community, including health centers (as \n defined in section 330(a) of the Public Health Service Act) and \n hospitals operated by units of local government, in developing \n its service network.\n (3) Development of new health resources.--A health access \n plan shall develop new health resources in the community (such \n as schoolbased clinics, mobile screening programs, and clinics \n based in public housing) to meet needs that are not met by \n existing community resources.\n (d) Access Standards.--A health access plan shall insure that each \nindividual enrolled in it--\n (1) is linked with the primary care physician within the \n health access plan's provider network of the individual's \n choice and has access to that doctor on a 24-hour a day, 7-day \n a week basis;\n (2) has round-the-clock telephone access to a central \n program office for information purposes as well as to voice \n grievances; and\n (3) has access to interpreter services as necessary (where \n a significant proportion of the population in the community \n health access district is non-English speaking, the health \n access plan shall insure that a corresponding proportion of its \n health care providers have multilingual capability).\n (e) Quality Assurance Standards.--A health access plan shall \nestablish and maintain a quality assurance program that includes at \nleast the following activities:\n (1) Treatment standards.--A health access plan shall \n establish--\n (A) minimum standards for treating patients that \n participating providers must satisfy;\n (B) a program of ongoing medical record reviews and \n other provider audits to insure compliance with the \n plan's treatment standards; and\n (C) a system of sanctions to insure that providers \n who do not comply with the plan's treatment standards \n will be penalized and, if found to be repeatedly out of \n compliance, terminated from participation in the health \n access plan service network.\n (2) Data collection.--A health access plan shall monitor \n morbidity and mortality within the comprehensive health access \n district and identify the leading causes of death and disease.\n (3) Member surveys.--A health access plan shall survey its \n enrollees on a regular basis to determine their satisfaction \n with the quality of services received.\n (4) Independent quality audits.--A health access plan shall \n be evaluated on a regular basis by an independent health care \n accrediting organization.\n (f) Effective Grievance Procedures.--A health access plan must \nprovide for effective procedures for hearing and resolving grievances \nbetween the plan and individuals enrolled in the plan.\n (g) Confidentiality of Enrollee Records.--\n (1) A health access plan shall ensure that information \n concerning its enrollees is protected from unauthorized \n disclosure by the plan, its employees or its providers.\n (2) To promote the coordination of benefits to health plan \n enrollees, a health access plan may disclose information about \n its enrollees to the extent necessary to facilitate the \n enrollee's receipt of services and assistance from other \n entities.\n\nSEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND \n CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH \n ACCESS PLANS.\n\n The Secretary shall designate a community that meets the criteria \nset forth in section 2(a) as a comprehensive health access district and \nshall certify an entity that meets the requirements set forth in \nsection 5 as a comprehensive community-based health access plan. Each \nsuch certification and designation shall be reviewed every five years. \nThe Secretary may delegate all or part of the certification function \nfor health access plans to the State in which the health access plan \noperates.\n\nSEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION.\n\n (a) Provision of Information.--In order to evaluate the performance \nof health access plans in improving the health status of persons living \nin comprehensive health access districts, each health access plan shall \nprovide the Secretary, at a time and in a manner specified by the \nSecretary, at least the following information:\n (1) Information on the characteristics of enrollees that \n may affect their need for or use of health services.\n (2) Information on the types of treatments and services and \n outcomes of treatments with respect to the clinical health, \n functional status and well-being of enrollees.\n (3) Information on enrollee satisfaction.\n (4) Information on health care expenditures, volume and \n prices of procedures, and use of specialized services.\n (b) Analysis of Information.--The Secretary shall analyze the \ninformation reported by health access plans in order to report to \nCongress, the plans and the public, not less often than annually, on \nthe following:\n (1) The health status of persons living in comprehensive \n health access district (particularly those indicators listed in \n section 2(a)).\n (2) The level and rate of expenditures by health access \n plans on medical services and other programs to improve health \n status.\n (3) The effectiveness of health access plans in improving \n health outcomes (particularly outcomes related to health \n indicators listed in section 2(a)).\n (c) Research.--\n (1) The Secretary shall examine the relationship between \n socioeconomic factors and health status and, based on his \n findings, suggest interventions appropriate to comprehensive \n health access districts.\n (2) The Secretary may contract with non-governmental \n entities to perform this research. Persons undertaking this \n work shall have access to the information provided by the \n health access plans to the Secretary.\n\nSEC. 8. REGULATIONS AND EFFECTIVE DATE.\n\n (a) In General.--The Secretary shall promulgate regulations \nnecessary to implement this Act.\n (b) Effective Date.--This Act shall take effect on July 1, 2000, \nwithout regard to whether or not final regulations to carry out this \nAct have been promulgated by such date.","summary":"Comprehensive Health Access District Act - Defines: (1) comprehensive health access district as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average. And (2) comprehensive community-based health access plan as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.","title":"Comprehensive Health Access District Act","text_len":15032,"sum_len":1820} {"bill_id":"105_s2103","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Personal Privacy Protection Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Individuals and their families have been harassed and \n endangered by being persistently followed or chased in a manner \n that puts them in reasonable fear of bodily injury, and in \n danger of serious bodily injury or even death, by \n photographers, videographers, and audio recorders attempting to \n capture images or other reproductions of their private lives \n for commercial purposes.\n (2) The legitimate privacy interests of individuals and \n their families have been violated by photographers, \n videographers, and audio recorders who physically trespass in \n order to capture images or other reproductions of their private \n lives for commercial purposes, or who do so constructively \n through intrusive modern visual or auditory enhancement \n devices, such as powerful telephoto lenses and hyperbolic \n microphones that enable invasion of private areas that would \n otherwise be impossible without trespassing.\n (3) Such harassment and trespass threatens not only \n professional public persons and their families, but also \n private persons and their families for whom personal tragedies \n or circumstances beyond their control create media interest.\n (4) Federal legislation is necessary to protect individuals \n and their families from persistent following or chasing for \n commercial purposes that causes reasonable fear of bodily \n injury, because such harassment is not directly regulated by \n applicable Federal, State, and local statutory or common laws, \n because those laws provide an uneven patchwork of coverage, and \n because those laws may not cover such activities when \n undertaken for commercial purposes.\n (5) Federal legislation is necessary to prohibit and \n provide proper redress in Federal courts for trespass and \n constructive trespass using intrusive visual or auditory \n enhancement devices for commercial purposes, because \n technological advances such as telephoto lenses and hyperbolic \n microphones render inadequate existing common law and State and \n local regulation of such trespass and invasion of privacy.\n (6) There is no right, under the first amendment to the \n Constitution of the United States, to persistently follow or \n chase another in a manner that creates a reasonable fear of \n bodily injury, to trespass, or to constructively trespass \n through the use of intrusive visual or auditory enhancement \n devices.\n (7) This Act, and the amendments made by this Act, do not \n in any way regulate, prohibit, or create liability for \n publication or broadcast of any image or information, but \n rather use narrowly tailored means to prohibit and create \n liability for specific dangerous and intrusive activities that \n the Federal Government has an important interest in preventing, \n and ensure a safe and secure private realm for individuals \n against intrusion, which the Federal Government has an \n important interest in ensuring.\n (8) This Act protects against unwarranted harassment, \n endangerment, invasion of privacy, and trespass in an \n appropriately narrowly tailored manner without abridging the \n exercise of any rights guaranteed under the first amendment to \n the Constitution of the United States, or any other provision \n of law.\n (9) Congress has the affirmative power under section 8 of \n article I of the Constitution of the United States to enact \n this Act.\n (10) Because this Act regulates only conduct undertaken in \n order to create products intended to be and routinely \n transmitted, bought, or sold in interstate or foreign commerce, \n or persons who travel in interstate or foreign commerce in \n order to engage in regulated conduct, the Act is limited \n properly to regulation of interstate or foreign commerce.\n (11) Photographs and other reproductions of the private \n activities of persons obtained through activities regulated by \n this Act, and the amendments made by this Act, are routinely \n reproduced and broadcast in interstate and international \n commerce.\n (12) Photographers, videographers, and audio recorders \n routinely travel in interstate commerce in order to engage in \n the activities regulated by this Act, and the amendments made \n by this Act, with the intent, expectation, and routine result \n of gaining material that is bought and sold in interstate \n commerce.\n (13) The activities regulated by this Act, and the \n amendments made by this Act, occur routinely in the channels of \n interstate commerce, such as the persistent following or \n chasing of subjects in an inappropriate manner on public \n streets and thoroughfares or in airports, and the use of public \n streets and thoroughfares, interstate and international \n airports, and travel in interstate and international waters in \n order to physically or constructively trespass for commercial \n purposes.\n (14) The activities regulated by this Act, and the \n amendments made by this Act, substantially affect interstate \n commerce by threatening the careers, livelihoods, and rights to \n publicity of professional public persons in the national and \n international media, and by thrusting private persons into the \nnational and international media.\n (15) The activities regulated by this Act, and the \n amendments made by this Act, substantially affect interstate \n commerce by restricting the movement of persons who are \n targeted by such activities and their families, often forcing \n them to curtail travel or appearances in public spaces, or, \n conversely, forcing them to travel in interstate commerce in \n order to escape from abuses regulated by this Act, and the \n amendments made by this Act.\n (b) Purposes.--The purposes of this Act are--\n (1) to protect individuals and their families against \n reasonable fear of bodily injury, endangerment, trespass, and \n intrusions on their privacy due to activities undertaken in \n connection with interstate and international commerce in \n reproduction and broadcast of their private activities;\n (2) to protect interstate commerce affected by such \n activities, including the interstate commerce of individuals \n who are the subject of such activities; and\n (3) to establish the right of private parties injured by \n such activities, as well as the Attorney General of the United \n States and State attorneys general in appropriate cases, to \n bring actions for appropriate relief.\n\nSEC. 3. CRIMINAL OFFENSE.\n\n (a) In General.--Chapter 89 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1822. Harassment for commercial purposes\n ``(a) Definitions.--In this section:\n ``(1) For commercial purposes.--\n ``(A) In general.--The term `for commercial \n purposes' means with the expectation of sale, financial \n gain, or other consideration.\n ``(B) Rule of construction.--For purposes of this \n section, a visual image, sound recording, or other \n physical impression shall not be found to have been, or \n intended to have been, captured for commercial purposes \n unless it was intended to be, or was in fact, sold, \n published, or transmitted in interstate or foreign \n commerce, or unless the person attempting to capture \n such image, recording, or impression moved in \n interstate or foreign commerce in order to capture such \n image, recording, or impression.\n ``(2) Harasses.--The term `harasses' means persistently \n physically follows or chases a person in a manner that causes \n the person to have a reasonable fear of bodily injury, in order \n to capture by a visual or auditory recording instrument any \n type of visual image, sound recording, or other physical \n impression of the person for commercial purposes.\n ``(b) Prohibition and Penalties.--Whoever harasses any person \nwithin the United States or the special maritime and territorial \njurisdiction of the United States--\n ``(1) if death is proximately caused by such harassment, \n shall be imprisoned not less than 20 years and fined under this \n title;\n ``(2) if serious bodily injury is proximately caused by \n such harassment, shall be imprisoned not less than 5 years and \n fined under this title; and\n ``(3) if neither death nor serious bodily injury is \n proximately caused by such harassment, shall be imprisoned not \n more than 1 year, fined under this title, or both.\n ``(c) Cause of Action.--Any person who is legally present in the \nUnited States and who is subjected to a violation of this section may, \nin a civil action against the person engaging in the violation, obtain \nany appropriate relief, including compensatory damages, punitive \ndamages, and injunctive and declaratory relief. In any civil action or \nproceeding to enforce a provision of this section, the court shall \nallow the prevailing party reasonable attorney's fees as part of the \ncosts. In awarding attorney's fees, the court shall include expert fees \nas part of the attorney's fees.\n ``(d) Limitation on Defenses.--It is not a defense to a prosecution \nor civil action under this section that--\n ``(1) no image or recording was captured; or\n ``(2) no image or recording was sold.\n ``(e) Use of Images.--Nothing in this section may be construed to \nmake the sale, transmission, publication, broadcast, or use of any \nimage or recording of the type or under the circumstances described in \nthis section in any otherwise lawful manner by any person subject to \ncriminal charge or civil liability.\n ``(f) Limitation.--Only a person physically present at the time of, \nand engaging or assisting another in engaging in, a violation of this \nsection is subject to criminal charge or civil liability under this \nsection. A person shall not be subject to such charge or liability by \nreason of the conduct of an agent, employee, or contractor of that \nperson or because images or recordings captured in violation of this \nsection were solicited, bought, used, or sold by that person.\n ``(g) Law Enforcement Exemption.--The prohibitions of this section \ndo not apply with respect to official law enforcement activities.\n ``(h) Savings.--Nothing in this section shall be taken to preempt \nany right or remedy otherwise available under Federal, State or local \nlaw.''.\n (b) Technical Amendment.--The analysis for chapter 89 of title 18, \nUnited States Code, is amended by adding at the end the following:\n\n``1822. Harassment for commercial purposes.''.\n\nSEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES.\n\n (a) Definition of For Commercial Purposes.--\n (1) In general.--In this section, the term `for commercial \n purposes' means with the expectation of sale, financial gain, \n or other consideration.\n (2) Rule of construction.--For purposes of this section, a \n visual image, sound recording, or other physical impression \n shall not be found to have been, or intended to have been, \n captured for commercial purposes unless it was intended to be, \n or was in fact, sold, published, or transmitted in interstate \n or foreign commerce, or unless the person attempting to capture \n such image, recording, or impression moved in interstate or \n foreign commerce in order to capture such image, recording, or \n impression.\n (b) Trespass for Commercial Purposes and Invasion of Legitimate \nInterest in Privacy for Commercial Purposes.--\n (1) Trespass for commercial purposes.--It shall be unlawful \n to trespass on private property in order to capture any type of \n visual image, sound recording, or other physical impression of \n any person for commercial purposes.\n (2) Invasion of legitimate interest in privacy for \n commercial purposes.--It shall be unlawful to capture any type \n of visual image, sound recording, or other physical impression \n for commercial purposes of a personal or familial activity \n through the use of a visual or auditory enhancement device, \n even if no physical trespass has occurred, if--\n (A) the subject of the image, sound recording, or \n other physical impression has a reasonable expectation \n of privacy with respect to the personal or familial \n activity captured; and\n (B) the image, sound recording, or other physical \n impression could not have been captured without a \n trespass if not produced by the use of the enhancement \n device.\n (c) Cause of Action.--Any person who is legally present in the \nUnited States who is subjected to a violation of this section may, in a \ncivil action against the person engaging in the violation, obtain any \nappropriate relief, including compensatory damages, punitive damages \nand injunctive and declaratory relief. A person obtaining relief may be \neither or both the owner of the property or the person whose visual or \nauditory impression has been captured. In any civil action or \nproceeding to enforce a provision of this section, the court shall \nallow the prevailing party reasonable attorney's fees as part of the \ncosts. In awarding attorney's fees, the court shall include expert fees \nas part of the attorney's fees.\n (d) Limitation on Defenses.--It is not a defense to an action under \nthis section that--\n (1) no image or recording was captured; or\n (2) no image or recording was sold.\n (e) Use of Images.--Nothing in this section may be construed to \nmake the sale, transmission, publication, broadcast, or use of any \nimage or recording of the type or under the circumstances described \nherein in any otherwise lawful manner by any person subject to criminal \ncharge or civil liability.\n (f) Limitation.--Only a person physically present at the time of, \nand engaging or assisting another in engaging in, a violation of this \nsection is subject to civil liability under this section. A person \nshall not be subject to such liability by reason of the conduct of an \nagent, employee, or contractor of that person, or because images or \nrecordings captured in violation of this section were solicited, \nbought, used, or sold by that person.\n (g) Law Enforcement Exemption.--The prohibitions of this section do \nnot apply with respect to official law enforcement activities.\n (h) Savings.--Nothing in this section shall be taken to preempt any \nright or remedy otherwise available under Federal, State, or local law.\n\nSEC. 5. SEVERABILITY.\n\n If any provision of this Act, an amendment made by this Act, or the \napplication of such provision or amendment to any person or \ncircumstance is held to be unconstitutional, the remainder of this Act, \nthe amendments made by this Act, and the application of the provisions \nof such to any person or circumstance shall not be affected thereby.","summary":"Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the US special maritime and territorial jurisdiction. Defines harass to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. Prohibits: (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes. And (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device. Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief. Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees. Specifies that: (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold. And (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act. Makes this Act's prohibitions inapplicable to official law enforcement activities.","title":"Personal Privacy Protection Act","text_len":16139,"sum_len":1864} {"bill_id":"106_s1281","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Safe Food Act of \n1999''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings and purposes.\nSec. 3. Definitions.\nSec. 4. Establishment of independent Food Safety Administration.\nSec. 5. Consolidation of separate food safety and inspection services \n and agencies.\nSec. 6. Additional authorities of the Administration.\nSec. 7. Limitation on authorization of appropriations.\nSec. 8. Effective date.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The safety and security of the food supply of the \n United States requires efficient and effective management of \n food safety regulations.\n (2) The safety of the food supply of the United States is \n facing tremendous pressures with regard to the following \n issues:\n (A) Emerging pathogens and the ability to detect \n them.\n (B) An aging population with a growing number of \n people at high risk for foodborne illnesses.\n (C) An increasing volume of imported foods, without \n adequate monitoring and inspection.\n (D) Maintenance of adequate inspection of the \n domestic food processing and food service industry.\n (3) Federal food safety inspection, enforcement, and \n research efforts should be based on scientifically supportable \n assessments of risks to public health.\n (4) The Federal food safety system is fragmented, with at \n least 12 primary Federal agencies governing food safety.\n (b) Purposes.--It is the purpose of this Act--\n (1) to establish a single agency, the Food Safety \n Administration, that will be responsible for the regulation of \n food safety and labeling and for conducting food safety \n inspections to ensure, with reasonable certainty, that no harm \n will result from the consumption of food, by preventing food-\n borne illnesses due to microbial, natural, or chemical hazards \n in food; and\n (2) to transfer to the Food Safety Administration the food \n safety, labeling, and inspection functions currently performed \n by other Federal agencies, to achieve more efficient management \n and effective application of Federal food safety laws for the \n protection and improvement of public health.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Administration.--The term ``Administration'' means the \n Food Safety Administration established under section 4.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of Food Safety appointed under section 4.\n (3) Food safety laws.--The term ``food safety laws'' means \n the following:\n (A) The Federal Meat Inspection Act (21 U.S.C. 601 \n et seq.).\n (B) The Poultry Products Inspection Act (21 U.S.C. \n 451 et seq.).\n (C) The Egg Products Inspection Act (21 U.S.C. 1031 \n et seq.).\n (D) The Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 301 et seq.), with regard to food safety, \n labeling, and inspection under that Act.\n (E) Such other laws and portions of laws regarding \n food safety, labeling, and inspection as the President \n may designate by Executive order as appropriate to \n consolidate under the administration of the \n Administration.\n\nSEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.\n\n (a) Establishment of Administration; Administrator.--There is \nestablished in the executive branch an agency to be known as the ``Food \nSafety Administration''. The Administration shall be an independent \nestablishment, as defined in section 104 of title 5, United States \nCode. The Administration shall be headed by the Administrator of Food \nSafety, who shall be appointed by the President, by and with the advice \nand consent of the Senate.\n (b) Responsibilities.--The Administrator shall administer and \nenforce the food safety laws for the protection of the public health \nand shall oversee the following functions of the Administration:\n (1) Implementation of Federal food safety inspection, \n enforcement, and research efforts, based on scientifically \n supportable assessments of risks to public health.\n (2) Development of consistent and science-based standards \n for safe food.\n (3) Coordination and prioritization of food safety research \n and education programs with other Federal agencies.\n (4) Coordination of the Federal response to foodborne \n illness outbreaks with other Federal agencies and State \n agencies.\n (5) Integration of Federal food safety activities with \n State and local agencies.\n\nSEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES \n AND AGENCIES.\n\n (a) Transfer of Functions.--For each Federal agency specified in \nsubsection (b), there are transferred to the Administration all \nfunctions that the head of the Federal agency exercised on the day \nbefore the effective date specified in section 8 (including all related \nfunctions of any officer or employee of the Federal agency) that relate \nto administration or enforcement of the food safety laws, as determined \nby the President.\n (b) Covered Agencies.--The Federal agencies referred to in \nsubsection (a) are the following:\n (1) The Food Safety and Inspection Service of the \n Department of Agriculture.\n (2) The Center for Food Safety and Applied Nutrition of the \n Food and Drug Administration.\n (3) The Center for Veterinary Medicine of the Food and Drug \n Administration.\n (4) The National Marine Fisheries Service of the National \n Oceanic and Atmospheric Administration of the Department of \n Commerce as it relates to the Seafood Inspection Program.\n (5) Such other offices, services, or agencies as the \n President may designate by Executive order to further the \n purposes of this Act.\n (c) Transfer of Assets and Funds.--Consistent with section 1531 of \ntitle 31, United States Code, the personnel, assets, liabilities, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds that \nrelate to the functions transferred under subsection (a) from a Federal \nagency shall be transferred to the Administration. Unexpended funds \ntransferred pursuant to this subsection shall be used by the \nAdministration only for the purposes for which the funds were \noriginally authorized and appropriated.\n (d) References.--After the transfer of functions from a Federal \nagency under subsection (a), any reference in any other Federal law, \nExecutive order, rule, regulation, document, or other material to that \nFederal agency or the head of that agency in connection with the \nadministration or enforcement of the food safety laws shall be deemed \nto be a reference to the Administration or the Administrator, \nrespectively.\n (e) Savings Provisions.--The transfer of functions from a Federal \nagency under subsection (a) shall not affect--\n (1) an order, determination, rule, regulation, permit, \n agreement, grant, contract, certificate, license, registration, \n privilege, or other administrative action issued, made, \n granted, or otherwise in effect or final with respect to that \n agency on the day before the transfer date with respect to the \n transferred functions; or\n (2) any suit commenced with regard to that agency, and any \n other proceeding (including a notice of proposed rulemaking), \n or any application for any license, permit, certificate, or \n financial assistance pending before that agency on the day \n before the transfer date with respect to the transferred \n functions.\n\nSEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.\n\n (a) Officers and Employees.--The Administrator may appoint officers \nand employees for the Administration in accordance with the provisions \nof title 5, United States Code, relating to appointment in the \ncompetitive service, and fix the compensation of the officers and \nemployees in accordance with chapter 51 and with subchapter III of \nchapter 53 of such title, relating to classification and General \nSchedule pay rates.\n (b) Experts and Consultants.--The Administrator may procure the \nservices of experts and consultants as authorized by section 3109 of \ntitle 5, United States Code, and pay in connection with the services \ntravel expenses of individuals, including transportation and per diem \nin lieu of subsistence while away from the homes or regular places of \nbusiness of the individuals, as authorized by section 5703 of such \ntitle.\n (c) Bureaus, Offices, and Divisions.--The Administrator may \nestablish within the Administration such bureaus, offices, and \ndivisions as the Administrator may determine to be necessary to \ndischarge the responsibilities of the Administration.\n (d) Rules.--The Administrator may prescribe, in accordance with \nchapters 5 and 6 of title 5, United States Code, such rules as the \nAdministrator determines to be necessary or appropriate to administer \nand manage the functions of the Administrator.\n\nSEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.\n\n For the fiscal year that includes the effective date of this Act, \nthe amount authorized to be appropriated to carry out this Act shall \nnot exceed--\n (1) the amount appropriated for that fiscal year for the \n Federal agencies described in section 5(b) for the purpose of \n administering or enforcing the food safety laws; or\n (2) the amount appropriated for these agencies for such \n purpose for the preceding fiscal year, if, as of the effective \n date of this Act, appropriations for these agencies for the \n fiscal year that includes the effective date have not yet been \n made.\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act shall take effect on the earlier of--\n (1) the date that is 180 days after the date of the \n enactment of this Act; and\n (2) such date during that 180-day period as the President \n may direct in an Executive order.","summary":"Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture. (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA), (3) the Center for Veterinary Medicine of FDA. (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program. And (5) such others as the President may designate by executive order.","title":"Safe Food Act of 1999","text_len":10834,"sum_len":648} {"bill_id":"108_s667","text":"SECTION 1. PAYMENT LIMITATIONS.\n\n Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is \namended--\n (1) in subsection (b)(1), by striking ``$40,000'' and \n inserting ``$20,000'';\n (2) in subsection (c)(1), by striking ``$65,000'' and \n inserting ``$30,000'';\n (3) by striking ``(d)'' and all that follows through the \n end of paragraph (1) and inserting the following:\n ``(d) Limitations on Marketing Loan Gains, Loan Deficiency \nPayments, and Commodity Certificate Transactions.--\n ``(1) Loan commodities.--The total amount of the following \n gains and payments that a person may receive during any crop \n year may not exceed $87,500:\n ``(A)(i) Any gain realized by a producer from \n repaying a marketing assistance loan for 1 or more loan \n commodities under subtitle B of title I of the Farm \n Security and Rural Investment Act of 2002 (7 U.S.C. \n 7931 et seq.) at a lower level than the original loan \n rate established for the loan commodity under that \n subtitle.\n ``(ii) In the case of settlement of a marketing \n assistance loan for 1 or more loan commodities under \n that subtitle by forfeiture, the amount by which the \n loan amount exceeds the repayment amount for the loan \n if the loan had been settled by repayment instead of \n forfeiture.\n ``(B) Any loan deficiency payments received for 1 \n or more loan commodities under that subtitle.\n ``(C) Any gain realized from the use of a commodity \n certificate issued by the Commodity Credit Corporation \n for 1 or more loan commodities, as determined by the \n Secretary, including the use of a certificate for the \n settlement of a marketing assistance loan made under \n that subtitle.''; and\n (4) by adding at the end the following:\n ``(h) Single Farming Operation.--\n ``(1) In general.--Notwithstanding subsections (b) through \n (d), subject to paragraph (2), if a person participates only in \n a single farming operation and receives, directly or \n indirectly, any payment or gain covered by this section through \n the operation, the total amount of payments or gains (as \n applicable) covered by this section that the person may receive \n during any crop year may not exceed twice the applicable dollar \n amounts specified in subsections (b), (c), and (d).\n ``(2) Individuals.--The total amount of payments or gains \n (as applicable) covered by this section that an individual \n person may receive during any crop year may not exceed \n $275,000.\n ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d), \nexcept as provided in subsection (e)(2)(C)(i), if an individual and \nspouse are covered by subsection (e)(2)(C) and receive, directly or \nindirectly, any payment or gain covered by this section, the total \namount of payments or gains (as applicable) covered by this section \nthat the individual and spouse may jointly receive during any crop year \nmay not exceed twice the applicable dollar amounts specified in \nsubsections (b), (c), and (d).\n ``(j) Regulations.--\n ``(1) In general.--Not later than July 1, 2003, the \n Secretary shall promulgate regulations--\n ``(A) to ensure that total payments and gains \n described in this section made to or through joint \n operations or multiple entities under the primary \n control of a person, in combination with the payments \n and gains received directly by the person, shall not \n exceed twice the applicable dollar amounts specified in \n subsections (b), (c), and (d);\n ``(B) in the case of a person that in the aggregate \n owns, conducts farming operations, or provides custom \n farming services on land with respect to which the \n aggregate payments received by the person exceed the \n applicable dollar amounts specified in subsections (b), \n (c), and (d), to attribute all payments and gains made \n to the person on crops produced on the land to--\n ``(i) a person that rents land for a share \n of the crop that is less than the usual and \n customary rate, as determined by the Secretary;\n ``(ii) a person that provides custom \n farming services through arrangements under \n which--\n ``(I) all or part of the \n compensation for the services is at \n risk;\n ``(II) farm management services are \n provided by--\n ``(aa) the same person;\n ``(bb) an immediate family \n member; or\n ``(cc) an entity or \n individual that has a business \n relationship that is not an \n arm's length relationship, as \n determined by the Secretary; or\n ``(III) more than \\2\/3\\ of all \n payments received for custom farming \n services are received by--\n ``(aa) the same person;\n ``(bb) an immediate family \n member; or\n ``(cc) an entity or \n individual that has a business \n relationship that is not an \n arm's length relationship, as \n determined by the Secretary; or\n ``(iii) a person under such other \n arrangements as the Secretary determines are \n established to transfer payments from persons \n that would otherwise exceed the applicable \n dollar amounts specified in subsections (b), \n (c), and (d); and\n ``(C) to ensure that payments attributed under this \n section to a person other than the direct recipient \n shall also count toward the limit of the direct \n recipient.\n ``(2) Primary control.--The regulations under paragraph (1) \n shall define `primary control' to include a joint operation or \n multiple entity in which a person owns an interest that is \n greater than the total interests held by other persons that \n materially participate on a regular, substantial, and \n continuous basis in the management of the operation or \n entity.''.\n\nSEC. 2. REGULATIONS.\n\n (a) In General.--The Secretary of Agriculture may promulgate such \nregulations as are necessary to implement this Act and the amendments \nmade by this Act.\n (b) Procedure.--The promulgation of the regulations and \nadministration of this Act and the amendments made by this Act shall be \nmade without regard to--\n (1) the notice and comment provisions of section 553 of \n title 5, United States Code;\n (2) the Statement of Policy of the Secretary of Agriculture \n effective July 24, 1971 (36 Fed. Reg. 13804), relating to \n notices of proposed rulemaking and public participation in \n rulemaking; and\n (3) chapter 35 of title 44, United States Code (commonly \n known as the ``Paperwork Reduction Act'').\n (c) Congressional Review of Agency Rulemaking.--In carrying out \nthis section, the Secretary shall use the authority provided under \nsection 808 of title 5, United States Code.","summary":"Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $87,500 for such payments. Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $275,000.","title":"A bill to amend the Food Security Act of 1985 to strengthen payment limitations for commodity payments and benefits.","text_len":8521,"sum_len":466} {"bill_id":"110_hr5617","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Political Intelligence Disclosure \nAct''.\n\nSEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER LOBBYING \n DISCLOSURE ACT.\n\n (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 \n(2 U.S.C. 1602) is amended--\n (1) in paragraph (2)--\n (A) by inserting after ``lobbying activities'' each \n place that term appears the following: ``or political \n intelligence activities''; and\n (B) by inserting after ``lobbyists'' the following: \n ``or political intelligence consultants''; and\n (2) by adding at the end the following new paragraphs:\n ``(17) Political intelligence activities.--The term \n `political intelligence activities' means political \n intelligence contacts and efforts in support of such contacts, \n including preparation and planning activities, research, and \n other background work that is intended, at the time it is \n performed, for use in contacts, and coordination with the \n political intelligence activities of others.\n ``(18) Political intelligence contact.--\n ``(A) Definition.--The term `political intelligence \n contact' means any oral or written communication \n (including an electronic communication) to or from a \n covered executive branch official or a covered \n legislative branch official, the information derived \n from which is intended for use in analyzing securities \n or commodities markets, or in informing investment \n decisions, that is made on behalf of a client with \n regard to--\n ``(i) the formulation, modification, or \n adoption of Federal legislation (including \n legislative proposals);\n ``(ii) the formulation, modification, or \n adoption of a Federal rule, regulation, \n Executive order, or any other program, policy, \n or position of the United States Government; or\n ``(iii) the administration or execution of \n a Federal program or policy (including the \n negotiation, award, or administration of a \n Federal contract, grant, loan, permit, or \n license).\n ``(B) Exception.--The term `political intelligence \n contact' does not include a communication that is made \n by or to a representative of the media if the purpose \n of the communication is gathering and disseminating \n news and information to the public.\n ``(19) Political intelligence firm.--The term `political \n intelligence firm' means a person or entity that has 1 or more \n employees who are political intelligence consultants to a \n client other than that person or entity.\n ``(20) Political intelligence consultant.--The term \n `political intelligence consultant' means any individual who is \n employed or retained by a client for financial or other \n compensation for services that include one or more political \n intelligence contacts.''.\n (b) Registration Requirement.--Section 4 of the Lobbying Disclosure \nAct of 1995 (2 U.S.C. 1603) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by inserting after ``whichever is \n earlier,'' the following: ``or a political \n intelligence consultant first makes a political \n intelligence contact,''; and\n (ii) by inserting after ``such lobbyist'' \n each place that term appears the following: \n ``or consultant'';\n (B) in paragraph (2), by inserting after \n ``lobbyists'' each place that term appears the \n following: ``or consultants''; and\n (C) in paragraph (3)(A)--\n (i) by inserting after ``lobbying \n activities'' each place that term appears the \n following: ``and political intelligence \n activities''; and\n (ii) in clause (i), by inserting after \n ``lobbying firm'' the following: ``or political \n intelligence firm'';\n (2) in subsection (b)--\n (A) in paragraph (3), by inserting after ``lobbying \n activities'' each place that term appears the \n following: ``or political intelligence activities'';\n (B) in paragraph (4)--\n (i) in the matter preceding subparagraph \n (A), by inserting after ``lobbying activities'' \n the following: ``or political intelligence \n activities''; and\n (ii) in subparagraph (C), by inserting \n after ``lobbying activity'' the following: ``or \n political intelligence activity'';\n (C) in paragraph (5), by inserting after ``lobbying \n activities'' each place that term appears the \n following: ``or political intelligence activities'';\n (D) in paragraph (6), by inserting after \n ``lobbyist'' each place that term appears the \n following: ``or political intelligence consultant''; \n and\n (E) in the matter following paragraph (6), by \n inserting ``or political intelligence activities'' \n after ``such lobbying activities'';\n (3) in subsection (c)--\n (A) in paragraph (1), by inserting after ``lobbying \n contacts'' the following: ``or political intelligence \n contacts''; and\n (B) in paragraph (2)--\n (i) by inserting after ``lobbying contact'' \n the following: ``or political intelligence \n contact''; and\n (ii) by inserting after ``lobbying \n contacts'' the following: ``and political \n intelligence contacts''; and\n (4) in subsection (d)(1), by inserting after ``lobbying \n activities'' each place that term appears the following: ``or \n political intelligence activities''.\n (c) Reports by Registered Political Intelligence Consultants.--\nSection 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is \namended--\n (1) in subsection (a), by inserting after ``lobbying \n activities'' the following: ``and political intelligence \n activities'';\n (2) in subsection (b)--\n (A) in paragraph (2)--\n (i) in the matter preceding subparagraph \n (A), by inserting after ``lobbying activities'' \n the following: ``or political intelligence \n activities'';\n (ii) in subparagraph (A)--\n (I) by inserting after ``lobbyist'' \n the following: ``or political \n intelligence consultant''; and\n (II) by inserting after ``lobbying \n activities'' the following: ``or \n political intelligence activities'';\n (iii) in subparagraph (B), by inserting \n after ``lobbyists'' the following: ``or \n political intelligence consultants''; and\n (iv) in subparagraph (C), by inserting \n after ``lobbyists'' the following: ``or \n political intelligence consultants'';\n (B) in paragraph (3)--\n (i) by inserting after ``lobbying firm'' \n the following: ``or political intelligence \n firm''; and\n (ii) by inserting after ``lobbying \n activities'' each place that term appears the \n following: ``or political intelligence \n activities''; and\n (C) in paragraph (4), by inserting after ``lobbying \n activities'' each place that term appears the \n following: ``or political intelligence activities''; \n and\n (3) in subsection (d)(1), in the matter preceding \n subparagraph (A), by inserting ``or a political intelligence \n consultant'' after ``a lobbyist''.\n (d) Disclosure and Enforcement.--Section 6(a) of the Lobbying \nDisclosure Act of 1995 (2 U.S.C. 1605) is amended--\n (1) in paragraph (3)(A), by inserting after ``lobbying \n firms'' the following: ``, political intelligence consultants, \n political intelligence firms,'';\n (2) in paragraph (7), by striking ``or lobbying firm'' and \n inserting ``lobbying firm, political intelligence consultant, \n or political intelligence firm''; and\n (3) in paragraph (8), by striking ``or lobbying firm'' and \n inserting ``lobbying firm, political intelligence consultant, \n or political intelligence firm''.\n (e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure \nAct of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying \ncontacts'' and inserting ``lobbying contacts, political intelligence \nactivities, or political intelligence contacts''.\n (f) Identification of Clients and Covered Officials.--Section 14 of \nthe Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--\n (1) in subsection (a)--\n (A) in the heading, by inserting ``or Political \n Intelligence'' after ``Lobbying'';\n (B) by inserting ``or political intelligence \n contact'' after ``lobbying contact'' each place that \n term appears; and\n (C) in paragraph (2), by inserting ``or political \n intelligence activity, as the case may be'' after \n ``lobbying activity'';\n (2) in subsection (b)--\n (A) in the heading, by inserting ``or Political \n Intelligence'' after ``Lobbying'';\n (B) by inserting ``or political intelligence \n contact'' after ``lobbying contact'' each place that \n term appears; and\n (C) in paragraph (2), by inserting ``or political \n intelligence activity, as the case may be'' after \n ``lobbying activity''; and\n (3) in subsection (c), by inserting ``or political \n intelligence contact'' after ``lobbying contact''.\n (g) Annual Audits and Reports by Comptroller General.--Section 26 \nof the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended--\n (1) in subsection (a), by inserting ``political \n intelligence firms, political intelligence consultants,'' after \n ``lobbying firms'';\n (2) in subsection (b)(1)(A), by inserting ``political \n intelligence firms, political intelligence consultants,'' after \n ``lobbying firms''; and\n (3) in subsection (c), by inserting ``or political \n intelligence consultant'' after ``a lobbyist''.","summary":"Political Intelligence Disclosure Act - Amends the Lobbying Disclosure Act of 1995 (LDA) to require the disclosure of political intelligence activities. Requires political intelligence consultants to register with the Secretary of the Senate and the Clerk of the House of Representatives, and make quarterly reports on political intelligence activities. Requires any person or entity that makes an oral political intelligence contact with a covered legislative branch or executive branch official on the official's request to: (1) state whether such person or entity is registered under this Act. (2) identify the client on behalf of whom the contact is made. And (3) state whether such client is a foreign entity, and make any related disclosures. Requires any person making a written political intelligence contact with a covered legislative branch or executive branch official to make similar disclosures, especially about clients considered foreign entities.","title":"To amend the Lobbying Disclosure Act of 1995 to require the disclosure of political intelligence activities.","text_len":12076,"sum_len":962} {"bill_id":"108_hr4167","text":"TITLE I--MOTOR VEHICLE SAFETY\n\nSEC. 101. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 30104 of title 49, United States Code, is amended to read \nas follows:\n``Sec. 30104. Authorization of Appropriations\n ``There is authorized to be appropriated to the Secretary of \nTransportation $125,221,000 for the National Highway Traffic Safety \nAdministration to carry out this part for fiscal year 2005, and such \nsums as may be necessary for fiscal years 2006 and 2007.''.\n\nSEC. 102. INTERNATIONAL COOPERATION.\n\n (a) In General.--Subchapter I of chapter 301 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 30106. International Cooperation\n ``The Secretary of Transportation may participate and cooperate in \ninternational activities to enhance motor vehicle and traffic safety \nthrough such means as exchanging information, conducting safety \nresearch, examining safety needs, best practices, new technology, and \nimprovements in motor vehicle safety standards, and participating in \nthe implementation of existing international agreements concerning \nmotor vehicle safety to which the United States is a contracting \npartner.''.\n (b) Clerical Amendment.--The table of sections for subchapter I of \nchapter 301 of title 49, United States Code is amended by adding at the \nend the following new item:\n\n``30106. International cooperation.''.\n\nSEC. 103. CERTIFICATION LABELS.\n\n Section 30115(a) of title 49, United States Code, is amended by \ninserting at the end the following: ``A person shall not affix a \ncertification label to a motor vehicle or item of motor vehicle \nequipment unless the person has either performed tests or otherwise \ndocumented the basis for certifying compliance with all applicable \nsafety standards prescribed under this chapter, except that, in \naffixing the certification label or tag, a manufacturer that completes \na vehicle after receiving compliance documentation from the \nmanufacturer of the earlier stage of the vehicle may rely on such \ndocumentation in accordance with the regulations issued by the \nSecretary.''.\n\nSEC. 104. NOTIFICATION OF NONCOMPLIANCE.\n\n Section 30118 of title 49, United States Code is amended in \nsubsections (a), (b), and (c) by striking ``motor vehicle or \nreplacement equipment'' each place it appears and inserting ``motor \nvehicle, original equipment, or replacement equipment''.\n\nSEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE.\n\n Section 30120 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(k) Limitation on Sale or Lease of Used Motor Vehicles.--\n ``(1) A dealer may not sell a used motor vehicle for \n purposes other than resale or lease a used motor vehicle until \n the dealer informs the purchaser or lessee of any notification \n of a defect or noncompliance pursuant to section 30118(b) or \n (c) of this title with respect to a vehicle that has not been \n remedied, and either--\n ``(A) offers to have the defects or noncompliances \n remedied; or\n ``(B) gives the purchaser or lessee a written \n description of the defects or noncompliances, including \n all relevant information from any notification pursuant \n to section 30118(b) or (c) of this title, and\n reviews a written acknowledgment of the offer or description \n from the purchaser or lessee.\n ``(2) The requirements of paragraph (1) of this subsection \n shall apply after a period of time following issuance of \n notifications that the Secretary shall specify. The Secretary \n may extend this period with respect to particular \n notifications.\n ``(3) In this subsection, notwithstanding section \n 30102(a)(1) of this title--\n ``(A) `dealer' means a person who sold at least 10 \n motor vehicles during the prior 12 months to purchasers \n that in good faith purchased the vehicles other than \n for resale; and\n ``(B) `used motor vehicle' means a motor vehicle \n that has previously been purchased other than for \n resale.\n ``(4) Subject to regulations issued by the Secretary, a \n manufacturer of a motor vehicle shall establish and maintain an \n Internet-accessible record system that dealers of used motor \n vehicles and members of the public may access, without charge, \n to determine whether a particular vehicle manufactured by the \n manufacturer has been subject to any notification of a defect \n or noncompliance pursuant to section 30118(b) or (c) of this \n title that has not been remedied. If the Secretary determines \n that establishing and maintaining such an Internet-accessible \n record system is not practicable for certain classes of \n manufacturers, the Secretary may exempt such manufacturers from \n the requirements of this paragraph.\n ``(l) Limitation on Operation by Owners and Lessors of School Buses \nand Vehicles Used to Transport Passengers for Compensation.--\n ``(1) Subject to paragraphs (2) and (3), a person who owns \n or leases a school bus or a motor vehicle used to transport \n passengers for compensation and who receives a notice of a \n defect or noncompliance pursuant to section 30118(b) or (c) of \n this title may not operate the vehicle to which the notice \n applies as a school bus or for compensation until the defect or \n noncompliance is remedied as required by this section.\n ``(2) The requirements of paragraph (1) shall apply after a \n period of time following issuance of such notifications that \n the Secretary shall specify. The Secretary may extend this \n period with respect to particular notifications.\n ``(3) This subsection shall not apply to taxicabs, or to \n motor vehicles owned or operated by State or local \n governments.''.\n\nSEC. 106. NONUSE OF SAFETY BELT INTERLOCKS.\n\n (a) In General.--Section 30124 of title 49 United States Code, is \namended to read as follows:\n``Sec. 30124. Nonuse of safety belt interlocks\n ``A motor vehicle safety standard prescribed under this chapter may \nnot require or allow a manufacturer to comply with the standard by \nusing a safety belt interlock designed to prevent starting or operating \na motor vehicle if an occupant is not using a safety belt.''.\n (b) Clerical Amendment.--The table of sections for subchapter II of \nchapter 301 of title 49, United States Code is amended by amending the \nitem related to section 30124 to read as follows:\n\n``30124. Nonuse of safety belt interlocks.''.\n\nSEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.\n\n Section 30168 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition \nto the authority provided under this section, the Secretary is \nauthorized to expend $5,000,000 per year to conduct a safety research \ninitiative for alternate fuel vehicles that includes risk assessment \nstudies of hydrogen-fueled and other alternative-fuel vehicles, the \ndevelopment of test and evaluation procedures and performance criteria \nto assess the likelihood of potential failures that could indicate \nunsafe conditions, and the development of suitable countermeasures. In \nparticular, such research initiative shall investigate the safety of \nthe power train, the vehicle fuel container and delivery system, the \nonboard refueling system, and the full vehicle system performance of \nalternate fuel vehicles.\n ``(g) Safety Initiative for Driver Assistance Technologies.--In \naddition to the authority provided under this section, the Secretary is \nauthorized to expend $10,000,000 per year to conduct research into \nvehicle-based driver assistance technologies, and to develop \nappropriate performance standards and consumer education programs, to \nensure that appropriate safety benefits are derived from these \ntechnologies. Such research shall include evaluations of crash \navoidance technologies, such as electronic stability control, \ntelematics, radar braking and other similar vehicle advances.''.\n\n TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS\n\nSEC. 201. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 32102 of title 49, United States Code, is amended to read \nas follows:\n``Sec. 32102. Authorization of appropriations\n ``There is authorized to be appropriated to the Secretary of \nTransportation $14,080,000 for the National Highway Traffic Safety \nAdministration to carry out this part in fiscal year 2005, and such \nsums as may be necessary in fiscal years 2006 and 2007.''.\n\nSEC. 202. PENALTIES AND ENFORCEMENT.\n\n Section 32709(a)(1) of title 49, United States Code, is amended--\n (1) by striking ``$2,000'' and inserting ``$5,000''; and\n (2) by striking ``$100,000'' and inserting ``$1,000,000''.\n\nSEC. 203. CIVIL ACTIONS BY PRIVATE PERSON.\n\n Section 32710(a) of title 49, United States Code, is amended by \nstriking ``$1,500'' and inserting ``$10,000''.\n\nSEC. 204. DEFINITIONS.\n\n (a) Crash Avoidance.--Section 32301 of title 49, United States \nCode, is amended by adding at the end the following:\n ``(3) `crash avoidance' means preventing a motor vehicle \n accident.''.\n (b) Passenger Motor Vehicle Information.--Section 32302 of title \n49, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (2), by inserting ``and crash \n avoidance'' after ``crashworthiness''; and\n (B) by striking paragraph (4); and\n (2) by striking subsection (c).\n\nSEC. 205. REPEALS.\n\n (a) In General.--Sections 32303 and 33112 of title 49, United \nStates Code, are repealed.\n (b) Clerical Amendments.--\n (1) The table of sections for chapter 323 of title 49, \n United States Code is amended by striking the item related to \n section 32303.\n (2) The table of sections for chapter 331 of title 49, \n United States Code is amended by striking the item related to \n section 33112.","summary":"Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA). Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety. Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards. Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment. Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met. Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied. Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied. Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt. Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies. Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements. Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers.","title":"To authorize appropriations for the motor vehicle safety and information and cost savings programs of the National Highway Traffic Safety Administration for fiscal years 2005 through 2007, and for other purposes.","text_len":10387,"sum_len":2144} {"bill_id":"105_s2319","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Migratory Bird Hunting and \nConservation Stamp Promotion Act of 1998''.\n\nSEC. 2. PROMOTION OF STAMP SALES.\n\n (a) In General.--Section 4 of the Act of March 16, 1934 (commonly \nknown as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16 \nU.S.C. 718d), is amended--\n (1) in subsection (b), by striking ``subsection (c) of this \n section'' and inserting ``subsections (c) and (d)''; and\n (2) by adding at the end the following:\n ``(d) Promotion of Stamp Sales.--\n ``(1) In general.--Subject to approval of an annual \n marketing plan by the Migratory Bird Conservation Commission \n established by section 2 of the Migratory Bird Conservation Act \n (16 U.S.C. 715a), the Secretary of the Interior may use from \n receipts from the sale of migratory bird hunting and \n conservation stamps an amount not to exceed $1,000,000 for each \n of fiscal years 1999 through 2003 for the promotion of \n additional stamp sales.\n ``(2) Annual report.--The Secretary of the Interior shall--\n ``(A) include in each report under section 3 of the \n Migratory Bird Conservation Act (16 U.S.C. 715b) a \n statement of all expenditures under paragraph (1); and\n ``(B) provide a copy to the Migratory Bird \n Conservation Commission, the Committee on Environment \n and Public Works of the Senate, and the Committee on \n Resources of the House of Representatives.''.\n (b) Technical Amendments.--\n (1) Short title.--\n (A) The Act of March 16, 1934 (16 U.S.C. 718 et \n seq.), is amended by adding at the end the following:\n\n``SEC. 11. SHORT TITLE.\n\n ``This Act may be cited as the `Migratory Bird Hunting and \nConservation Stamp Act'.''.\n (B) Section 4(d)(2) of the National Wildlife Refuge \n System Administration Act of 1966 (16 U.S.C. \n 668dd(d)(2)) is amended in the last sentence by \n striking ``Migratory Bird Hunting Stamp Act'' and \n inserting ``Migratory Bird Hunting and Conservation \n Stamp Act''.\n (C) Section 102 of the Sikes Act (16 U.S.C. 670b) \n is amended by striking ``Migratory Bird Hunting Stamp \n Act as amended'' and inserting ``Migratory Bird Hunting \n and Conservation Stamp Act (16 U.S.C. 718 et seq.)''.\n (D) Section 203(b)(4)(A) of the Sikes Act (16 \n U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of \n March 16, 1934, commonly referred to as the Migratory \n Bird Hunting Stamp Act'' and inserting ``Migratory Bird \n Hunting and Conservation Stamp Act''.\n (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k-\n 4) is amended by striking ``Migratory Bird Hunting \n Stamp Act of March 16, 1934, as amended'' and inserting \n ``Migratory Bird Hunting and Conservation Stamp Act''.\n (F) Section 201 of the Emergency Wetlands Resources \n Act of 1986 (16 U.S.C. 3911) is amended--\n (i) in subsection (b)(1)(A), by striking \n ``Act of March 16, 1934 (16 U.S.C. 718b) \n (commonly known as the Duck Stamp Act)'' and \n inserting ``Migratory Bird Hunting and \n Conservation Stamp Act (16 U.S.C. 718b)''; and\n (ii) in subsection (c)(B), by striking \n ``Act of March 16, 1934'' and inserting \n ``Migratory Bird Hunting and Conservation Stamp \n Act''.\n (G) Section 203 of the Emergency Wetlands Resources \n Act of 1986 (16 U.S.C. 3912) is amended by striking \n ``Act of March 16, 1934'' and inserting ``Migratory \n Bird Hunting and Conservation Stamp Act''.\n (H) Clause (ii) of section 504(1) of title 18, \n United States Code, is amended by striking ``Migratory \n Bird Hunting Stamp Act of 1934'' and inserting \n ``Migratory Bird Hunting and Conservation Stamp Act (16 \n U.S.C. 718 et seq.)''.\n (I) Section 28(f) of the Act of August 13, 1954 (25 \n U.S.C. 564w-1(f) is amended--\n (i) in the second sentence, by striking \n ``Migratory Bird Hunting Stamp Act of March 16, \n 1934, as amended (16 U.S.C. 718)'' and \n inserting ``Migratory Bird Hunting and \n Conservation Stamp Act (16 U.S.C. 718 et \n seq.)''; and\n (ii) in the third sentence, by striking \n ``section 4 of the Act of March 16, 1934 (48 \n Stat. 451), as amended or supplemented'' and \n inserting ``section 4 of the Migratory Bird \n Hunting and Conservation Stamp Act (16 U.S.C. \n 718d)''.\n (2) Migratory bird hunting and conservation stamp.--\n (A) The first section and section 10 of the Act of \n March 16, 1934 (16 U.S.C. 718a, 718j), are amended by \n striking ``migratory-bird hunting and conservation \n stamp'' each place it appears and inserting ``migratory \n bird hunting and conservation stamp''.\n (B) Section 2(a) of the Act of March 16, 1934 (16 \n U.S.C. 718b(a)), is amended in the fifth sentence by \n striking ``migratory-bird hunting stamps'' and \n inserting ``migratory bird hunting and conservation \n stamps''.\n (C) Sections 4(a) and 5(c) of the Act of March 16, \n 1934 (16 U.S.C. 718d(a), 718e(c)), are amended by \n striking ``migratory bird hunting stamps'' each place \n it appears and inserting ``migratory bird hunting and \n conservation stamps''.\n (D) Section 5(a) of the Act of March 16, 1934 (16 \n U.S.C. 718e(a)), is amended by striking ``migratory-\n bird hunting stamp'' and inserting ``migratory bird \n hunting and conservation stamp''.\n (E) Section 2(4) of the Act of September 28, 1962 \n (16 U.S.C. 460k-1(4)), is amended by striking \n ``migratory bird hunting stamps'' and inserting \n ``migratory bird hunting and conservation stamps''.\n (F) Section 203(b)(4)(A) of the Sikes Act (16 \n U.S.C. 670i(b)(4)(A)) is amended by striking \n ``migratory bird hunting stamp'' and inserting \n ``migratory bird hunting and conservation stamp''.\n (G) Section 3(a) of the Act of July 30, 1956 (16 \n U.S.C. 718b-1), is amended by striking ``migratory-bird \n hunting stamps'' and inserting ``migratory bird hunting \n and conservation stamps''.\n\n\n\n\n ","summary":"Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to: (1) make such title the legislated short title. And (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales. Requires the Secretary to: (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures. And (2) provide a copy to the Commission and specified congressional committees.","title":"Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998","text_len":8073,"sum_len":764} {"bill_id":"113_s2524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pathways to Prosperity Act of \n2014''.\n\nSEC. 2. REFERENCES.\n\n Except as otherwise expressly provided, wherever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Carl D. Perkins Career \nand Technical Education Act (20 U.S.C. 2301 et seq.).\n\nSEC. 3. DEFINITIONS.\n\n Section 3 (20 U.S.C. 2302) is amended--\n (1) by redesignating paragraphs (6) through (9), (10) \n through (17), (18), (19), and (20) through (34) as paragraphs \n (7) through (10), (12) through (19), (21), (22), and (24) \n through (38), respectively;\n (2) by inserting after paragraph (5) the following:\n ``(6) Career and technical education program of study.--The \n term `career and technical education program of study' means a \n coordinated, non-duplicative sequence of secondary and \n postsecondary academic and technical courses that--\n ``(A) contain rigorous, State-identified college \n and career readiness standards that address both \n academic and technical content and align to local, \n regional, or State labor market needs, as identified by \n employers and labor market information;\n ``(B) support attainment of career readiness \n skills;\n ``(C) progress in content specificity (beginning \n with all aspects of an industry or career cluster \n leading to more occupationally specific instruction);\n ``(D) incorporate multiple entry and exit points \n with portable demonstrations of technical competency, \n which may include postsecondary education credits as \n recognized by credit transfer or articulation \n agreements or industry-recognized credentials; and\n ``(E) culminate in the attainment of an industry-\n recognized credential, an apprenticeship or \n postsecondary certificate, or an associate or \n baccalaureate degree.'';\n (3) by inserting after paragraph (10), as redesignated by \n paragraph (1) of this section, the following:\n ``(11) Credit transfer agreement.--The term `credit \n transfer agreement' refers to an opportunity for secondary \n students to be awarded transcripted postsecondary credit, \n supported with formal agreements among secondary and \n postsecondary education systems, such as dual enrollment, dual \n credit, 2-year to 4-year college articulation agreements, or \n articulated credit, which may include credit awarded for \n performance on technical assessments.'';\n (4) by inserting after paragraph (19), as redesignated by \n paragraph (1) of this section, the following:\n ``(20) Industry-recognized credential.--The term `industry-\n recognized credential' means a credential that--\n ``(A) is sought or accepted by employers within the \n industry or sector involved as a recognized, preferred, \n or required credential for recruitment, screening, \n hiring, retention or advancement purposes; and\n ``(B) if appropriate, is endorsed by a nationally \n recognized trade association or organization \n representing a significant part of the industry or \n sector.''; and\n (5) by inserting after paragraph (22), as redesignated by \n paragraph (1) of this section, the following:\n ``(23) Labor market information.--The term `labor market \n information' means economic, social, and demographic \n information that--\n ``(A) pertains to labor markets for the purposes of \n determining the supply of, and demand for, labor and \n related skills and competencies; and\n ``(B) supports students, job seekers, employers, \n developers of curricula, and other relevant \n stakeholders in understanding labor market and economic \n trends to help make informed labor market decisions.''.\n\nSEC. 4. ACCOUNTABILITY.\n\n Section 113(b)(2) of the Carl D. Perkins Career and Technical \nEducation Act (20 U.S.C. 2323(b)(2)) is amended--\n (1) in subparagraph (A), by striking clause (vi); and\n (2) in subparagraph (B), by striking clause (v) and \n inserting the following:\n ``(v) the median earnings of students who \n are employed during the second quarter after \n completing a career and technical education \n program of study in the State. The Secretary \n shall, consistent with State law, ensure that \n the necessary wage records are available to \n enable eligible agencies to collect data \n relating to this State performance measure.''.\n\nSEC. 5. NATIONAL ACTIVITIES.\n\n Section 114(d)(4)(A) (20 U.S.C. 2324) is amended--\n (1) by redesignating clause (iv) as clause (v);\n (2) in clause (iii), by striking ``and'' after the \n semicolon; and\n (3) by inserting after clause (iii) the following:\n ``(iv) to engage in evaluation and \n technical assistance activities that will \n assist in--\n ``(I) collecting information on the \n industry-recognized credentials awarded \n to participants in career and technical \n education programs of study, \n including--\n ``(aa) the name of such \n industry-recognized \n credentials;\n ``(bb) the awarding body;\n ``(cc) the duration of the \n program of study for the \n credential; and\n ``(dd) the number of such \n participants receiving the \n credential; and\n ``(II) developing the necessary \n infrastructure to support the State and \n local reporting of information \n described in subclause (I), including \n through activities such as \n establishing--\n ``(aa) data sharing \n agreements with State licensing \n agencies and with industry \n associations and employers who \n award certifications or other \n industry-recognized \n credentials;\n ``(bb) a consistent \n reporting method across States; \n and\n ``(cc) a collection system \n to process reports in a timely \n fashion; and''.\n\nSEC. 6. STATE LEADERSHIP ACTIVITIES.\n\n Section 124(b) (20 U.S.C. 2341(a)) is amended--\n (1) in paragraph (8), by striking ``and'' after the \n semicolon;\n (2) in paragraph (9) by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(10) establishing statewide credit transfer agreements \n aligned to approved career and technical education programs of \n study.''.\n\nSEC. 7. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.\n\n Section 134(b) (20 U.S.C. 2354(b)) is amended--\n (1) in paragraph (11), by striking ``and'' after the \n semicolon;\n (2) in paragraph (12) by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(13) describe how the eligible recipient will partner \n with business and industry to--\n ``(A) identify opportunities for experiential and \n work-based learning opportunities either in-person or \n virtually;\n ``(B) ensure career and technical education \n programs of study are responsive to community and \n employment demands and are--\n ``(i) aligned with employment priorities in \n the State, regional, or local economy \n identified by employers and other relevant \n stakeholders identified in section 134(b)(5);\n ``(ii) informed by labor market \n information; and\n ``(iii) designed to meet current, \n intermediate, and long term labor market \n projections;\n ``(C) ensure funding under this Act is spent in a \n coordinated manner with other local resources.''.\n\nSEC. 8. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF \n 1965.\n\n Section 1502(a) of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 6492(a)) is amended by striking ``challenging State \nacademic content standards and challenging State student academic \nachievement standards'' and inserting ``rigorous, State-identified \ncollege and career readiness standards that address both academic \ncontent and career and technical education content identified under \nsection 113(b)(2)(A)(ii) of the Carl D. Perkins Career and Technical \nEducation Act.''.","summary":"Pathways to Prosperity Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act to replace specified minimum measures of student attainment in the core indicators of performance for career and technical education students at the secondary level with a measure of the median earnings of students employed during the second quarter after completing a career and technical education program of study in the state. Requires the national research center, established under the Act, to engage in evaluation and technical assistance activities that will assist in: (1) collecting information on the industry-recognized credentials awarded to participants in career and technical education programs, and (2) developing the necessary infrastructure to support the state and local reporting of specified related information. Makes it a responsibility of the state agency involved to establish statewide credit transfer agreements aligned to approved career and technical education programs of study. Requires each local plan for career and technical education programs to describe how the eligible recipient of assistance will partner with business and industry to: (1) identify opportunities for experiential and work-based learning opportunities either in-person or virtually, (2) ensure the career and technical education programs of study are responsive to community and employment demands and meet other specified criteria, and (3) ensure funding under the Act is spent in a coordinated manner with other local resources. Amends the Elementary and Secondary Education Act of 1965 to revise the purpose of grants for demonstration projects of innovative practices to require the projects to show the most promise of enabling the children served to meet rigorous, state-identified college and career readiness standards that address both certain academic content and certain career and technical education content.","title":"Pathways to Prosperity Act of 2014","text_len":10567,"sum_len":1926} {"bill_id":"103_hr4099","text":"SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN.\n\n (a) In General.--Part II of subchapter O of chapter 1 of the \nInternal Revenue Code of 1986 (relating to basis rules of general \napplication) is amended by inserting after section 1021 the following \nnew section:\n\n``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING \n GAIN.\n\n ``(a) General Rule.--\n ``(1) Indexed basis substituted for adjusted basis.--Solely \n for purposes of determining gain on the sale or other \n disposition by an individual of an indexed asset which has been \n held for more than 1 year, the indexed basis of the asset shall \n be substituted for its adjusted basis.\n ``(2) Special rule for recapture gain.--\n ``(A) In general.--Paragraph (1) shall not apply \n for purposes of determining the amount of recapture \n gain on the sale or other disposition of an indexed \n asset, but the amount of any such recapture gain shall \n increase the adjusted basis of the asset for purposes \n of applying paragraph (1) to determine the amount of \n other gain on such sale or other disposition.\n ``(B) Recapture gain.--For purposes of subparagraph \n (A), the term `recapture gain' means any gain treated \n as ordinary income under section 1245 or 1254 or which \n would be treated as ordinary income under section 1250 \n if such section applied to all depreciation adjustments \n instead of only additional depreciation.\n ``(b) Indexed Asset.--\n ``(1) In general.--For purposes of this section, the term \n `indexed asset' means--\n ``(A) any stock in a corporation, and\n ``(B) any tangible property (or any interest \n therein),\n which is a capital asset or property used in the trade or \n business (as defined in section 1231(b)).\n ``(2) Certain property excluded.--For purposes of this \n section, the term `indexed asset' does not include--\n ``(A) Creditor's interest.--Any interest in \n property which is in the nature of a creditor's \n interest.\n ``(B) Collectibles.--Any collectible (as defined in \n section 408(m)(2) without regard to section 408(m)(3)).\n ``(C) Options.--Any option or other right to \n acquire an interest in property.\n ``(D) Net lease property.--In the case of a lessor, \n net lease property (within the meaning of subsection \n (i)(3)).\n ``(E) Certain preferred stock.--Stock which is \n fixed and preferred as to dividends and does not \n participate in corporate growth to any significant \n extent.\n ``(F) Stock in foreign corporations.--Stock in a \n foreign corporation.\n ``(G) Stock in s corporations.--Stock in an S \n corporation.\n ``(3) Exception for stock in foreign corporation which is \n regularly traded on national or regional exchange.--Paragraph \n (2)(F) shall not apply to stock in a foreign corporation the \n stock of which is listed on the New York Stock Exchange, the \n American Stock Exchange, or any domestic regional exchange for \n which quotations are published on a regular basis or is \n authorized for trading on the national market system operated \n by the National Association of Securities Dealers other than--\n ``(A) stock of a foreign investment company (within \n the meaning of section 1246(b)),\n ``(B) stock in a passive foreign investment company \n (as defined in section 1296), and\n ``(C) stock in a foreign corporation held by a \n United States person who meets the requirements of \n section 1248(a)(2).\n ``(c) Indexed Basis.--For purposes of this section--\n ``(1) Indexed basis.--The indexed basis for any asset is--\n ``(A) the adjusted basis of the asset, multiplied \n by\n ``(B) the applicable inflation ratio.\n ``(2) Applicable inflation ratio.--The applicable inflation \n ratio for any asset shall be determined by dividing--\n ``(A) the CPI for the calendar year preceding the \n calendar year in which the disposition takes place, by\n ``(B) the CPI for the calendar year preceding the \n calendar year in which the taxpayer's holding period \n for such asset began (or, if later, for calendar year \n 1992).\n The applicable inflation ratio shall not be taken into account \n unless it is greater than 1. The applicable inflation ratio for \n any asset shall be rounded to the nearest one-hundredth.\n ``(3) Conventions.--For purposes of paragraph (2), if any \n asset is disposed of during any calendar year--\n ``(A) such disposition shall be treated as \n occurring on the last day of such calendar year, and\n ``(B) the taxpayer's holding period for such asset \n shall be treated as beginning in the same calendar year \n as would be determined for an asset actually disposed \n of on such last day with a holding period of the same \n length as the actual holding period of the asset \n involved.\n ``(4) CPI.--For purposes of this subsection, the CPI for \n any calendar year shall be determined under section 1(f)(4).\n ``(d) Short Sales.--\n ``(1) In general.--In the case of a short sale of an \n indexed asset with a short sale period in excess of 1 year, for \n purposes of this title, the amount realized shall be an amount \n equal to the amount realized (determined without regard to this \n paragraph) multiplied by the applicable inflation ratio. In \n applying subsection (c)(2) for purposes of the preceding \n sentence, the date on which the property is sold short shall be \n treated as the date on which the holding period for the asset \n begins and the closing date for the sale shall be treated as \n the date of disposition.\n ``(2) Short sale of substantially identical property.--If \n the taxpayer or the taxpayer's spouse sells short property \n substantially identical to an asset held by the taxpayer, the \n asset held by the taxpayer and the substantially identical \n property shall not be treated as indexed assets for the short \n sale period.\n ``(3) Short sale period.--For purposes of this subsection, \n the short sale period begins on the day after property is sold \n and ends on the closing date for the sale.\n ``(e) Treatment of Regulated Investment Companies and Real Estate \nInvestment Trusts.--\n ``(1) Adjustments at entity level.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the adjustment under subsection (a) \n shall be allowed to any qualified investment entity \n (including for purposes of determining the earnings and \n profits of such entity).\n ``(B) Exception for corporate shareholders.--Under \n regulations--\n ``(i) in the case of a distribution by a \n qualified investment entity (directly or \n indirectly) to a corporation--\n ``(I) the determination of whether \n such distribution is a dividend shall \n be made without regard to this section, \n and\n ``(II) the amount treated as gain \n by reason of the receipt of any capital \n gain dividend shall be increased by the \n percentage by which the entity's net \n capital gain for the taxable year \n determined without regard to this \n section exceeds the entity's net \n capital gain for such year determined \n with regard to this section, and\n ``(ii) there shall be other appropriate \n adjustments (including deemed distributions) so \n as to ensure that the benefits of this section \n are not allowed (directly or indirectly) to \n corporate shareholders of qualified investment \n entities.\n For purposes of the preceding sentence, any amount \n includible in gross income under section 852(b)(3)(D) \n shall be treated as a capital gain dividend and an S \n corporation shall not be treated as a corporation.\n ``(C) Exception for qualification purposes.--This \n section shall not apply for purposes of sections 851(b) \n and 856(c).\n ``(D) Exception for certain taxes imposed at entity \n level.--\n ``(i) Tax on failure to distribute entire \n gain.--If any amount is subject to tax under \n section 852(b)(3)(A) for any taxable year, the \n amount on which tax is imposed under such \n section shall be increased by the percentage \n determined under subparagraph (B)(i)(II). A \n similar rule shall apply in the case of any \n amount subject to tax under paragraph (2) or \n (3) of section 857(b) to the extent \n attributable to the excess of the net capital \n gain over the deduction for dividends paid \n determined with reference to capital gain \n dividends only. The first sentence of this \n clause shall not apply to so much of the amount \n subject to tax under section 852(b)(3)(A) as is \n designated by the company under section \n 852(b)(3)(D).\n ``(ii) Other taxes.--This section shall not \n apply for purposes of determining the amount of \n any tax imposed by paragraph (4), (5), or (6) \n of section 857(b).\n ``(2) Adjustments to interests held in entity.--\n ``(A) In general.--Stock in a qualified investment \n entity shall be an indexed asset for any calendar month \n in the same ratio as the fair market value of the \n assets held by such entity at the close of such month \n which are indexed assets bears to the fair market value \n of all assets of such entity at the close of such \n month.\n ``(B) Ratio of 90 percent or more.--If the ratio \n for any calendar month determined under subparagraph \n (A) would (but for this subparagraph) be 90 percent or \n more, such ratio for such month shall be 100 percent.\n ``(C) Ratio of 10 percent or less.--If the ratio \n for any calendar month determined under subparagraph \n (A) would (but for this subparagraph) be 10 percent or \n less, such ratio for such month shall be zero.\n ``(D) Valuation of assets in case of real estate \n investment trusts.--Nothing in this paragraph shall \n require a real estate investment trust to value its \n assets more frequently than once each 36 months (except \n where such trust ceases to exist). The ratio under \n subparagraph (A) for any calendar month for which there \n is no valuation shall be the trustee's good faith \n judgment as to such valuation.\n ``(3) Qualified investment entity.--For purposes of this \n subsection, the term `qualified investment entity' means--\n ``(A) a regulated investment company (within the \n meaning of section 851), and\n ``(B) a real estate investment trust (within the \n meaning of section 856).\n ``(f) Other Pass-Thru Entities.--\n ``(1) Partnerships.--\n ``(A) In general.--In the case of a partnership, \n the adjustment made under subsection (a) at the \n partnership level shall be passed through to the \n partners (but only for purposes of determining the \n income of partners who are individuals).\n ``(B) Special rule in the case of section 754 \n elections.--In the case of a transfer of an interest in \n a partnership with respect to which the election \n provided in section 754 is in effect--\n ``(i) the adjustment under section \n 743(b)(1) shall, with respect to the transferor \n partner, be treated as a sale of the \n partnership assets for purposes of applying \n this section, and\n ``(ii) with respect to the transferee \n partner, the partnership's holding period for \n purposes of this section in such assets shall \n be treated as beginning on the date of such \n adjustment.\n ``(2) S corporations.--In the case of an S corporation, the \n adjustment made under subsection (a) at the corporate level \n shall be passed through to the shareholders. This section shall \n not apply for purposes of determining the amount of any tax \n imposed by section 1374 or 1375.\n ``(3) Common trust funds.--In the case of a common trust \n fund, the adjustment made under subsection (a) at the trust \n level shall be passed through to the participants (but only for \n purposes of determining the income of participants who are \n individuals).\n ``(g) Dispositions Between Related Persons.--This section shall not \napply to any sale or other disposition of property between related \npersons (within the meaning of section 465(b)(3)(C)) if such property, \nin the hands of the transferee, is of a character subject to the \nallowance for depreciation provided in section 167.\n ``(h) Transfers To Increase Indexing Adjustment.--If any person \ntransfers cash, debt, or any other property to another person and the \nprincipal purpose of such transfer is to secure or increase an \nadjustment under subsection (a), the Secretary may disallow part or all \nof such adjustment or increase.\n ``(i) Special Rules.--For purposes of this section--\n ``(1) Treatment as separate asset.--In the case of any \n asset, the following shall be treated as a separate asset:\n ``(A) A substantial improvement to property.\n ``(B) In the case of stock of a corporation, a \n substantial contribution to capital.\n ``(C) Any other portion of an asset to the extent \n that separate treatment of such portion is appropriate \n to carry out the purposes of this section.\n ``(2) Assets which are not indexed assets throughout \n holding period.--The applicable inflation ratio shall be \n appropriately reduced for periods during which the asset was \n not an indexed asset.\n ``(3) Net lease property defined.--The term `net lease \n property' means leased property where--\n ``(A) the term of the lease (taking into account \n options to renew) was 50 percent or more of the useful \n life of the property, and\n ``(B) for the period of the lease, the sum of the \n deductions with respect to such property which are \n allowable to the lessor solely by reason of section 162 \n (other than rents and reimbursed amounts with respect \n to such property) is 15 percent or less of the rental \n income produced by such property.\n ``(j) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection.''\n (b) Clerical Amendment.--The table of sections for part II of \nsubchapter O of chapter 1 is amended by inserting after the item \nrelating to section 1021 the following new item:\n\n ``Sec. 1022. Indexing of certain assets \n acquired after 1991 for \n purposes of determining gain.''\n (c) Effective Date.--The amendments made by this section shall \napply to dispositions of any property after the date of the enactment \nof this Act.","summary":"Amends the Internal Revenue Code to require indexing, based on the consumer price index, of the adjusted basis of certain assets that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.","title":"To amend the Internal Revenue Code of 1986 to index the basis of certain assets for purposes of determining gain.","text_len":17933,"sum_len":262} {"bill_id":"111_hr3925","text":"SECTION 1. ERISA PREEMPTION NOT TO APPLY TO CERTAIN STATE LAW CAUSES OF \n ACTION.\n\n (a) In General.--Section 514 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1144) is amended--\n (1) by redesignating subsections (d) and (e) as subsection \n (e) and (f), respectively, and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d) Preemption Not To Apply to Causes of Action Under State Law \nInvolving Medically Reviewable Decision.--\n ``(1) In general.--Except as provided in this subsection, \n nothing in this title (including section 502) shall be \n construed to supersede or otherwise alter, amend, modify, \n invalidate, or impair any cause of action under State law of a \n participant or beneficiary under a group health plan (or the \n estate of such a participant or beneficiary) against the plan, \n the plan sponsor, any health insurance issuer offering health \n insurance coverage in connection with the plan, or any managed \n care entity in connection with the plan to recover damages \n resulting from personal injury or for wrongful death if such \n cause of action arises by reason of a medically reviewable \n decision.\n ``(2) Definitions and related rules.--For purposes of this \n subsection--\n ``(A) Medically reviewable decision.--The term \n `medically reviewable decision' means a denial of a \n claim for benefits under the plan.\n ``(B) Personal injury.--The term `personal injury' \n means a physical injury and includes an injury arising \n out of the treatment (or failure to treat) a mental \n illness or disease.\n ``(C) Claim for benefit.--The term `claim for \n benefits' means any request for coverage (including \n authorization of coverage), for eligibility, or for \n payment (or reimbursement for payment) in whole or in \n part, for an item or service under a group health plan \n or health insurance coverage.\n ``(D) Denial of claim for benefits.--The term \n `denial' means, with respect to a claim for benefits, a \n denial (in whole or in part) of, or a failure to act on \n a timely basis upon, the claim for benefits and \n includes a failure to provide benefits (including items \n and services) required to be provided under this title.\n ``(E) Managed care entity.--\n ``(i) In general.--The term `managed care \n entity' means, in connection with a group \n health plan and subject to clause (ii), any \n entity that is involved in determining the \n manner in which or the extent to which items or \n services (or reimbursement therefor) are to be \n provided as benefits under the plan.\n ``(ii) Treatment of treating physicians, \n other treating health care professionals, and \n treating hospitals.--Such term does not include \n a treating physician or other treating health \n care professional of the participant or \n beneficiary and also does not include a \n treating hospital insofar as it is acting \n solely in the capacity of providing treatment \n or care to the participant or beneficiary. \n Nothing in the preceding sentence shall be \n construed to preempt vicarious liability of any \n plan, plan sponsor, health insurance issuer, or \n managed care entity.\n ``(3) Exclusion of employers and other plan sponsors.--\n ``(A) Causes of action against employers and plan \n sponsors precluded.--Subject to subparagraph (B), \n paragraph (1) does not apply with respect to--\n ``(i) any cause of action against an \n employer or other plan sponsor maintaining the \n plan (or against an employee of such an \n employer or sponsor acting within the scope of \n employment), or\n ``(ii) a right of recovery, indemnity, or \n contribution by a person against an employer or \n other plan sponsor (or such an employee) for \n damages assessed against the person pursuant to \n a cause of action to which paragraph (1) \n applies.\n ``(B) Certain causes of action permitted.--\n Notwithstanding subparagraph (A), paragraph (1) applies \n with respect to any cause of action that is brought by \n a participant or beneficiary under a group health plan \n (or the estate of such a participant or beneficiary) to \n recover damages resulting from personal injury or for \n wrongful death against any employer or other plan \n sponsor maintaining the plan (or against an employee of \n such an employer or sponsor acting within the scope of \n employment) if such cause of action arises by reason of \n a medically reviewable decision, to the extent that \n there was direct participation by the employer or other \n plan sponsor (or employee) in the decision.\n ``(C) Direct participation.--\n ``(i) Direct participation in decisions.--\n For purposes of subparagraph (B), the term \n `direct participation' means, in connection \n with a decision described in subparagraph (B), \n the actual making of such decision or the \n actual exercise of control in making such \n decision or in the conduct constituting the \n failure.\n ``(ii) Rules of construction.--For purposes \n of clause (i), the employer or plan sponsor (or \n employee) shall not be construed to be engaged \n in direct participation because of any form of \n decisionmaking or other conduct that is merely \n collateral or precedent to the decision \n described in subparagraph (B) on a particular \n claim for benefits of a particular participant \n or beneficiary, including (but not limited \n to)--\n ``(I) any participation by the \n employer or other plan sponsor (or \n employee) in the selection of the group \n health plan or health insurance \n coverage involved or the third party \n administrator or other agent;\n ``(II) any engagement by the \n employer or other plan sponsor (or \n employee) in any cost-benefit analysis \n undertaken in connection with the \n selection of, or continued maintenance \n of, the plan or coverage involved;\n ``(III) any participation by the \n employer or other plan sponsor (or \n employee) in the process of creating, \n continuing, modifying, or terminating \n the plan or any benefit under the plan, \n if such process was not substantially \n focused solely on the particular \n situation of the participant or \n beneficiary referred to in paragraph \n (1)(A); and\n ``(IV) any participation by the \n employer or other plan sponsor (or \n employee) in the design of any benefit \n under the plan, including the amount of \n copayment and limits connected with \n such benefit.''.\n (b) Conforming Amendment.--Section 502(b)(4) of such Act (29 U.S.C. \n1132(b)(4)) is amended by striking ``514(e)(3)'' and inserting \n``514(f)(3)''.\n (c) Effective Date.--The amendments made by this section shall \napply to acts and omissions (from which a cause of action arises) \noccurring on or after the date of the enactment of this Act.","summary":"Amends the Employee Retirement Income Security Act of 1974 (ERISA) to preclude federal preemption of a cause of action brought under state law by a participant or beneficiary under a group health plan to recover damages resulting from personal injury or for wrongful death against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan if such cause of action arises by reason of a medically reviewable decision denying a benefits claim. Allows such a cause of action under state law against any employer or other plan sponsor maintaining the plan to the extent that there was direct participation by the employer or other plan sponsor in such decision. Declares that this waiver of federal preemption does not apply with respect to: (1) any cause of action against an employer or other plan sponsor maintaining the plan , except where the employer or plan sponsor participated directly in the decision to deny the claim. Or (2) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor for damages assessed against the person pursuant to a cause of action under state law allowed by this Act.","title":"To amend the Employee Retirement Income Security Act of 1974 to preclude preemption of a State cause of action relating to a denial of a claim for benefits under a health care plan.","text_len":9419,"sum_len":1257} {"bill_id":"107_hr2721","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arsenic-Treated Wood Mandatory \nLabeling Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) inorganic arsenic compounds, such as chromated copper \n arsenate (referred to in this Act as ``CCA''), are used as wood \n preservatives;\n (2) according to the Environmental Protection Agency--\n (A) inorganic arsenic is a human poison;\n (B) exposure to inorganic arsenic may be fatal; and\n (C) at low levels, inorganic arsenic exposure may \n cause--\n (i) nausea, vomiting, and diarrhea;\n (ii) decreased production of red and white \n blood cells;\n (iii) abnormal heart rhythm; and\n (iv) blood vessel damage;\n (3) the Department of Health and Human Services has \n determined that arsenic is a known carcinogen;\n (4) breathing inorganic arsenic increases the risk of lung \n cancer;\n (5) ingesting inorganic arsenic increases the risk of skin \n cancer and tumors of the bladder, kidney, liver, and lung;\n (6) to protect against health risks associated with the use \n of CCA, CCA is classified as a ``restricted use chemical'';\n (7) as a restricted use chemical, CCA may be purchased and \n used only by a certified applicator (or a person under the \n direct supervision of a certified applicator) whose \n certification specifically covers the purchase and use of CCA;\n (8) individuals who use arsenic to treat wood are required \n to wear--\n (A) protective clothing; and\n (B) a respirator, if the level of arsenic in the \n ambient air of the workplace of the individual--\n (i) is unknown; or\n (ii) exceeds the permissible exposure limit \n of 10 micrograms per cubic meter of air \n averaged over an 8-hour workday, as required \n under standards established by the Occupational \n Safety and Health Administration;\n (9) producers of pressure-treated wood are required to \n provide consumer information sheets to all lumber yards and \n other retailers of treated wood products;\n (10) those information sheets provide instructions on how \n consumers should handle treated wood products, such as \n instructions on the use of protective gloves, coveralls, and \n face masks when sawing treated wood products; and\n (11) because many consumers in the United States are \n unaware of the dangers of mishandling arsenic-treated wood, an \n appropriate consumer warning label should be affixed to each \n piece of arsenic-treated wood sold in the United States.\n\nSEC. 3. LABELING OF ARSENIC-TREATED WOOD.\n\n The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is \namended by adding at the end the following:\n\n ``Subtitle D--Commodity-Specific Labeling Standards\n\n``SEC. 281. DEFINITION OF SECRETARY.\n\n ``In this subtitle, the term `Secretary' means the Secretary of \nAgriculture.\n\n``SEC. 282. LABELING OF ARSENIC-TREATED WOOD.\n\n ``Each piece of arsenic-treated wood offered for sale in the United \nStates shall have affixed to the piece of wood a consumer warning label \nthat displays each of the following statements (or substantially \nsimilar statements, as determined by the Secretary):\n ``(1) `This piece of wood has been treated with arsenic.'.\n ``(2) `Arsenic exposure through the mishandling of this \n wood can cause cancer, nausea, vomiting, or diarrhea.'.\n ``(3) `Never burn this wood; doing so will release arsenic \n into the air.'.\n ``(4) `To avoid the health risks associated with \n mishandling arsenic-treated wood, you must wear gloves, \n goggles, coveralls, and face masks when working with it.'.\n ``(5) `Wash exposed body areas thoroughly with soap and \n water after working with arsenic-treated wood.'.\n\n``SEC. 283. REGULATIONS.\n\n ``The Secretary shall promulgate such regulations as are necessary \nto ensure compliance with, and otherwise carry out, this subtitle.\n\n``SEC. 284. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated such sums as are \nnecessary to carry out this subtitle.''.\n\nSEC. 4. REPORTS TO CONGRESS.\n\n (a) Definitions.--In this section:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (b) Report on Ongoing Arsenic Review.--Not later than 60 days after \nthe date of enactment of this Act, the Administrator, in consultation \nwith the Secretary, shall submit to Congress a report that--\n (1) provides an update on the status of any ongoing review \n by the Environmental Protection Agency of the health risks \n associated with exposure to arsenic (including an estimated \n date of completion of the review); and\n (2) includes recommendations for interim guidelines, \n pending the completion of the review described in paragraph \n (1), for the use of arsenic-treated wood in public and \n recreational facilities (including parks and playground \n equipment).\n (c) Report on Results of Arsenic Review.--Not later than 30 days \nafter the date of completion of the review described in subsection \n(b)(1), the Administrator, in consultation with the Secretary, shall \nsubmit to Congress a report that--\n (1) describes the results of the review; and\n (2) includes recommendations for final guidelines, pending \n the completion of the review described in paragraph (1), for \n the use of arsenic-treated wood in public and recreational \n facilities (including parks and playground equipment).","summary":"Arsenic-Treated Wood Mandatory Labeling Act - Amends the Agricultural Marketing Act of 1946 to require that a specified warning label be affixed to arsenic-treated wood sold in the United States.","title":"To amend the Agricultural Marketing Act of 1946 to require that a warning label be affixed to arsenic-treated wood sold in the United States.","text_len":6270,"sum_len":195} {"bill_id":"112_hr3426","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Neighborhoods from Oil \nPollution Act of 2011''.\n\nSEC. 2. OIL STORAGE AND PROCESSING FACILITIES.\n\n Section 311 of the Federal Water Pollution Control Act (33 U.S.C. \n1321) is amended by adding at the end the following:\n ``(s) Oil Storage and Processing Facilities.--\n ``(1) Closure.--Not later than 6 months after the date of \n enactment of the Protecting Neighborhoods from Oil Pollution \n Act of 2011, the Administrator shall issue final regulations \n requiring an owner or operator of an oil storage or processing \n facility to permanently close the oil storage or processing \n facility if one or both of the following conditions apply:\n ``(A) The oil storage or processing facility is \n located within 1 mile of 100 or more residential units, \n and 2 or more covered discharges occur at the oil \n storage or processing facility within any 10-year \n period.\n ``(B) The oil storage or processing facility is the \n source of groundwater contamination affecting 100 or \n more residential units.\n ``(2) Regulations.--The Administrator shall include in \n regulations issued under paragraph (1) the following:\n ``(A) A definition of the term `permanently close', \n to include requirements that--\n ``(i) all liquid and sludge are removed \n from each container and connecting line \n associated with the oil storage or processing \n facility;\n ``(ii) all connecting lines and piping \n associated with the oil storage or processing \n facility are disconnected from each such \n container and blanked off, all valves (except \n for ventilation valves) are closed and locked, \n and conspicuous signs are posted on each such \n container stating that it is a permanently \n closed container and noting the date of \n closure; and\n ``(iii) all other applicable Federal laws \n and regulations are followed with respect to \n clean up and remediation of any other \n contamination at, or originating from, the oil \n storage or processing facility.\n ``(B) Any additional closure and post-closure \n requirements the Administrator determines appropriate.\n ``(C) A requirement that closure of an oil storage \n or processing facility be completed by one of the \n following deadlines, as applicable:\n ``(i) Not later than 1 year after the date \n of enactment of the Protecting Neighborhoods \n from Oil Pollution Act of 2011, in the case of \n an oil storage or processing facility at which \n 2 or more covered discharges have occurred on \n or before such date of enactment.\n ``(ii) Not later than 1 year after the date \n on which a second covered discharge occurs at \n the oil storage or processing facility within \n any 10-year period, in the case of any oil \n storage or processing facility not described in \n clause (i).\n ``(iii) Not later than 1 year after the \n date on which the Administrator determines that \n the oil storage or processing facility is the \n source of groundwater contamination affecting \n 100 or more residential units.\n ``(D) Any other requirements the Administrator \n determines appropriate.\n ``(3) Prohibited exemptions.--The Administrator may not \n include in regulations issued under paragraph (1) exemptions to \n any of the requirements of this subsection for covered \n discharges resulting from an act of God, an act of war, or \n negligence on the part of the United States Government.\n ``(4) Waiver and extension authority.--The Administrator \n may waive the requirement for closure of an oil storage or \n processing facility under this subsection, or grant an \n extension of the deadline for such closure, if the \n Administrator determines that the owner or operator of the \n facility has taken or is taking all practicable steps to \n remediate the condition requiring closure under paragraph (1).\n ``(5) Health and welfare authority.--A condition requiring \n closure under paragraph (1) shall be considered to be--\n ``(A) a substantial threat to the public health or \n welfare of the United States for the purposes of \n subsections (c) and (e); and\n ``(B) an imminent and substantial endangerment to \n the health of persons or to the welfare of persons for \n the purposes of section 504.\n ``(6) Definitions.--For the purposes of this subsection, \n the following definitions apply:\n ``(A) Covered discharge.--The term `covered \n discharge' means a discharge of oil greater than 40 \n gallons from any source.\n ``(B) Oil storage or processing facility.--The term \n `oil storage or processing facility' means any \n structure, group of structures, equipment, or device, \n including any associated property, that is used for \n producing, storing, handling, transferring, processing, \n or transporting oil.\n ``(7) Rule of construction.--Nothing in this subsection \n shall be construed to restrict any other Federal or State \n authority regarding the remediation of, or other response to, a \n covered discharge.''.","summary":"Protecting Neighborhoods from Oil Pollution Act of 2011 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to issue final regulations requiring an owner or operator to permanently close any oil storage or processing facility that: (1) is located within one mile of 100 or more residential units if two or more discharges of more than 40 gallons of oil occur at such facility within any 10-year period, or (2) is the source of groundwater contamination affecting 100 or more residential units. Requires such closures to be completed by specified deadlines. Requires such regulations to define permanently close to require: (1) all liquid and sludge to be removed from each container and connecting line associated with such facilities. (2) all such connecting lines and piping to be disconnected from such containers and blanked off, all valves to be closed and locked, and conspicuous signs to be posted on each container stating that it is a permanently closed container and noting the date of closure. And (3) other applicable laws to be followed with respect to clean up and remediation of any other contamination at, or originating from, such facilities. Prohibits the Administrator from including in such regulations exemptions to any of the requirements of this Act for discharges resulting from an act of God, an act of war, or US negligence. Authorizes the Administrator to waive the requirement for closure of such facilities or grant an extension of the closure deadline if the Administrator determines that such owners or operators have taken or are taking all practicable steps to remediate the condition requiring closure. Requires such conditions requiring closure to be considered to be: (1) a substantial threat to the public health or welfare of the United States for the purposes of federal removal authority and civil enforcement, or (2) an imminent and substantial endangerment to the health of persons or to the welfare of persons for the purposes of emergency powers.","title":"To amend the Federal Water Pollution Control Act to require the closure of oil storage and processing facilities that have spilled oil multiple times near residential neighborhoods, and for other purposes.","text_len":6462,"sum_len":2061} {"bill_id":"112_hr861","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NSP Termination Act''.\n\nSEC. 2. RESCISSION OF $1 BILLION FUNDING FOR 3RD ROUND OF NEIGHBORHOOD \n STABILIZATION PROGRAM.\n\n (a) Recission.--Effective on the date of the enactment of this Act, \nthere are rescinded and permanently canceled all unobligated balances \nremaining available as of such date of enactment of the amounts made \navailable by section 1497(a) of the Dodd-Frank Wall Street Reform and \nConsumer Protection Act (Public Law 111-203; 124 Stat. 2209; 42 U.S.C. \n5301 note). All such unobligated balances so rescinded and permanently \ncanceled should be retained in the General Fund of the Treasury for \nreducing the budget deficit of the Federal Government.\n (b) Identification of Amounts Subject to Possible Rescission.--\n (1) In general.--The Secretary of Housing and Urban \n Development has allocated funding to the States, including \n city, county, and municipal governments, under the 3rd round of \n funding for the Neighborhood Stabilization Program, as set \n forth in paragraph (2). Amounts from the allocations set forth \n in paragraph (2) of this subsection will be subject to possible \n rescission and cancellation, to the extent provided in \n subsection (a).\n (2) Allocation.--The allocations set forth in this \n paragraph for the following States are the following amounts:\n (A) Alaska: $5,000,000.\n (B) Alabama: $7,576,151.\n (C) Arizona: $45,377,073.\n (D) Arkansas: $5,000,000.\n (E) California: $149,308,651.\n (F) Colorado: $17,349,270.\n (G) Connecticut: $9,322,756.\n (H) District of Columbia: $5,000,000.\n (I) Delaware: $5,000,000.\n (J) Florida: $208,437,144.\n (K) Georgia: $50,421,988.\n (L) Hawaii: $5,000,000.\n (M) Iowa: $5,000,000.\n (N) Idaho: $5,000,000.\n (O) Illinois: $30,143,105.\n (P) Indiana: $31,509,101.\n (Q) Kansas: $6,137,796.\n (R) Kentucky: $5,000,000.\n (S) Louisiana: $5,000,000.\n (T) Massachusetts: $7,387,994.\n (U) Maryland: $6,802,242.\n (V) Maine: $5,000,000.\n (W) Michigan: $57,524,473.\n (X) Minnesota: $12,427,113.\n (Y) Missouri: $13,110,604.\n (Z) Mississippi: $5,000,000.\n (AA) Montana: $5,000,000.\n (BB) North Carolina: $5,000,000.\n (CC) North Dakota: $5,000,000.\n (DD) Nebraska: $6,183,085.\n (EE) New Hampshire: $5,000,000.\n (FF) New Jersey: $11,641,549.\n (GG) New Mexico: $5,000,000.\n (HH) Nevada: $43,314,669.\n (II) New York: $19,834,940.\n (JJ) Ohio: $51,789,035.\n (KK) Oklahoma: $5,000,000.\n (LL) Oregon: $5,000,000.\n (MM) Pennsylvania: $5,000,000.\n (NN) Puerto Rico: $5,000,000.\n (OO) Rhode Island: $6,309,231.\n (PP) South Carolina: $5,615,020.\n (QQ) South Dakota: $5,000,000.\n (RR) Tennessee: $10,195,848.\n (SS) Texas: $18,038,242.\n (TT) Utah: $5,000,000.\n (UU) Virginia: $6,254,970.\n (VV) Vermont: $5,000,000;\n (WW) Washington: $5,000,000.\n (XX) Wisconsin: $7,687,949.\n (YY) West Virginia: $5,000,000.\n (ZZ) Wyoming: $5,000,000.\n\nSEC. 3. TERMINATION OF NEIGHBORHOOD STABILIZATION PROGRAM.\n\n (a) Repeal.--Sections 2301 through 2303 of the Housing and Economic \nRecovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C. \n5301 note) are hereby repealed.\n (b) Treatment of Remaining Funds.--\n (1) Savings clause.--Notwithstanding the repeal under \n subsection (a), any amounts made available under the provisions \n specified in paragraph (2) of this subsection shall continue to \n be governed by any provisions of law applicable to such amounts \n as in effect immediately before such repeal.\n (2) Remaining funds.--The provisions specified in this \n paragraph are as follows:\n (A) Section 2301(a) of the Housing and Economic \n Recovery Act of 2008 (Public Law 110-289; 122 Stat. \n 2850; 42 U.S.C. 5301 note).\n (B) The second undesignated paragraph under the \n heading ``Department of Housing and Urban Development, \n Community Planning and Development, Community \n Development Fund'' in title XII of division A of the \n American Recovery and Reinvestment Act of 2009 (Public \n Law 111-5, 123 Stat. 217).\n (c) Termination.--Upon the obligation of all amounts made available \nunder the provisions specified in subsection (b)(2), and outlays to \nliquidate all such amounts, the Secretary of Housing and Urban \nDevelopment shall terminate the Neighborhood Stabilization Program \nauthorized under the provisions specified in subsections (a) and \n(b)(2).\n\nSEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE.\n\n Not later than 5 days after the date of the enactment of this Act, \nthe Secretary of Housing and Urban Development shall publish to its \nWebsite on the World Wide Web in a prominent location, large point \nfont, and boldface type the following statement: ``The Neighborhood \nStabilization Program (NSP) has been terminated. If you are concerned \nabout the impact of foreclosed properties on your community, please \ncontact your Member of Congress, State, county, and local officials for \nassistance in mitigating the impacts of foreclosed properties on your \ncommunity.''.\n\nSEC. 5. GAO STUDY OF ECONOMIC IMPACTS OF ROUND 3 NSP FUNDING.\n\n The Comptroller General of the United States shall conduct a study \nto determine the economic impacts that providing assistance under the \nNeighborhood Stabilization Program, using the funding identified in \nsection 2, would have on States and communities in the United States, \nif such funding were not rescinded and canceled under such section, but \nremained available and was used in accordance with the provisions of \nlaw applicable to such amounts as in effect immediately before the \nrepeal under section 3(a). Not later than the expiration of the 90-day \nperiod beginning on the date of the enactment of this Act, the \nComptroller General shall submit to the Congress a report setting forth \nthe results and conclusions of the study under this section.\n\nSEC. 6. GAO STUDY OF ECONOMIC IMPACTS OF ROUNDS 1 AND 2 NSP FUNDING.\n\n The Comptroller General of the United States shall conduct a study \nto determine the economic impacts that providing assistance under the \nNeighborhood Stabilization Program has had on States and communities in \nthe United States. The study shall identify such impacts resulting from \nthe funding under the each of the provisions of law specified in \nsubparagraphs (A) and (B) of section 3(b)(2). Not later than the \nexpiration of the 90-day period beginning on the date of the enactment \nof this Act, the Comptroller General shall submit to the Congress a \nreport setting forth the results and conclusions of the study under \nthis section.\n\n Passed the House of Representatives March 16, 2011.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"NSP Termination Act - Rescinds and cancels permanently all unobligated balances remaining available, as of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to the Secretary of Housing and Urban Development (HUD) for assistance to states and local governments for the redevelopment of abandoned and foreclosed homes and residential properties. Urges that all such rescinded and canceled amounts be retained in the Treasury General Fund for reducing the federal budget deficit. Subjects to possible rescission and permanent cancellation certain amounts allocated by the Secretary under the third round of funding for the NSP to specified states, including city, county, and municipal governments. Amends the Housing and Economic Recovery Act of 2008 to repeal emergency FY2008 appropriations for the Program. States that such appropriations, together with amounts made available for the Program in the HUD, Community Planning and Development, Community Development Fund under title XII of division A of the American Recovery and Reinvestment Act of 2009, shall continue to be governed by any provisions of law applicable to such amounts as in effect before the repeal. Requires the Secretary to terminate the Program upon the obligation of all such amounts and outlays to liquidate them. Requires the Secretary to publish on the HUD website a statement as to: (1) termination of the NSP. And (2) the availability of a Member of Congress and state, county, and local officials to provide assistance in mitigating the impacts of foreclosed properties on an individual's community. Requires the Comptroller General to study the economic impacts of: (1) round three NSP funding on states and communities that would occur if it were not rescinded and canceled but remained available, and (2) actual round one and round two NSP assistance on those states and communities.","title":"To rescind the third round of funding for the Neighborhood Stabilization Program and to terminate the program.","text_len":7968,"sum_len":1894} {"bill_id":"106_s2617","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Normalization With Cuba Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) with the end of the Cold War and the collapse of the \n Soviet Union, Cuba is no longer a threat to the United States \n or the Western Hemisphere;\n (2) the continuation of the embargo on trade between the \n United States and Cuba that was declared in February of 1962 is \n counterproductive, adding to the hardships of the Cuban people \n while making the United States the scapegoat for the failures \n of the communist system;\n (3) in the former Soviet Union, the Eastern bloc countries, \n China, and Vietnam, the United States is using economic, \n cultural, academic, and scientific engagement to support its \n policy of promoting democratic and human rights reforms; and\n (4) the United States can best support democratic change in \n Cuba by promoting trade and commerce, travel, communications, \n and cultural, academic, and scientific exchanges.\n\nSEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS \n WITH CUBA.\n\n (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the \nForeign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.\n (b) Trading With the Enemy Act.--The authorities conferred upon the \nPresident by section 5(b) of the Trading With the Enemy Act, which were \nbeing exercised with respect to Cuba on July 1, 1977, as a result of a \nnational emergency declared by the President before that date, and are \nbeing exercised on the day before the effective date of this Act, may \nnot be exercised on or after such effective date with respect to Cuba. \nAny regulations in effect on the day before such effective date \npursuant to the exercise of such authorities, shall cease to be \neffective on such date.\n (c) Exercise of Authorities Under Other Provisions of Law.--\n (1) Removal of prohibitions.--Any prohibition on exports to \n Cuba that is in effect on the day before the effective date of \n this Act under the Export Administration Act of 1979 shall \n cease to be effective on such effective date.\n (2) Authority for new restrictions.--The President may, on \n and after the effective date of this Act--\n (A) impose export controls with respect to Cuba \n under section 5, 6(j), 6(l), or 6(m) of the Export \n Administration Act of 1979, and\n (B) exercise the authorities he has under the \n International Emergency Economic Powers Act with \n respect to Cuba pursuant to a declaration of national \n emergency required by that Act that is made on account \n of an unusual and extraordinary threat, that did not \n exist before the enactment of this Act, to the national \n security, foreign policy, or economy of the United \n States.\n (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 \nU.S.C. 6001 and following) is repealed.\n (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) \nAct of 1996.--\n (1) Repeal.--The Cuban Liberty and Democratic Solidarity \n (LIBERTAD) Act of 1996 is repealed.\n (2) Conforming amendments.--(A) Section 498A of the Foreign \n Assistance Act of 1961 (22 U.S.C. 2295a) is amended--\n (i) in subsection (a)(11) by striking ``and \n intelligence facilities, including the military and \n intelligence facilities at Lourdes and Cienfuegos,'' \n and inserting ``facilities,'';\n (ii) in subsection (b)--\n (I) in paragraph (4) by adding ``and'' \n after the semicolon;\n (II) by striking paragraph (5); and\n (III) by redesignating paragraph (6) as \n paragraph (5); and\n (iii) by striking subsection (d).\n (B) Section 498B(k) of the Foreign Assistance Act of 1961 \n (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and \n (4).\n (C) Section 1611 of title 28, United States Code, is \n amended by striking subsection (c).\n (D) Sections 514 and 515 of the International Claims \n Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are \n repealed.\n (f) Termination of Denial of Foreign Tax Credit With Respect to \nCuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue \nCode of 1986 (relating to denial of foreign tax credit, etc., with \nrespect to certain foreign countries) is amended by adding at the end \nthereof the following new flush sentence:\n ``Notwithstanding the preceding sentence, this \n subsection shall not apply to Cuba after the date which \n is 60 days after the date of the enactment of this \n sentence.''.\n (g) Sugar Quota Prohibition Under Food Security Act of 1985.--\nSection 902(c) of the Food Security Act of 1985 is repealed.\n\nSEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.\n\n Any common carrier within the meaning of section 3 of the \nCommunications Act of 1934 (47 U.S.C. 153) is authorized to install, \nmaintain, and repair telecommunications equipment and facilities in \nCuba, and otherwise provide telecommunications services between the \nUnited States and Cuba. The authority of this section includes the \nauthority to upgrade facilities and equipment.\n\nSEC. 5. TRAVEL.\n\n (a) In General.--Travel to and from Cuba by individuals who are \ncitizens or residents of the United States, and any transactions \nordinarily incident to such travel, may not be regulated or prohibited \nif such travel would be lawful in the United States.\n (b) Transactions Incident to Travel.--Any transactions ordinarily \nincident to travel which may not be regulated or prohibited under \nsubsection (a) include--\n (1) transactions ordinarily incident to travel or \n maintenance in Cuba; and\n (2) normal banking transactions involving foreign currency \n drafts, traveler's checks, or other negotiable instruments \n incident to such travel.\n\nSEC. 6. DIRECT MAIL DELIVERY TO CUBA.\n\n The United States Postal Service shall take such actions as are \nnecessary to provide direct mail service to and from Cuba, including, \nin the absence of common carrier service between the 2 countries, the \nuse of charter providers.\n\nSEC. 7. NEGOTIATIONS WITH CUBA.\n\n (a) Negotiations.--The President should take all necessary steps to \nconduct negotiations with the Government of Cuba--\n (1) for the purpose of settling claims of nationals of the \n United States against the Government of Cuba for the taking of \n property by such government; and\n (2) for the purpose of securing the protection of \n internationally recognized human rights.\n (b) Definitions.--In this section, the terms ``national of the \nUnited States'' and ``property'' have the meanings given those terms in \nsection 502 of the International Claims Settlement Act of 1949 (22 \nU.S.C. 1643a).\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act shall take effect 60 days after the date of the enactment \nof this Act.","summary":"Repeals: (1) the Cuban Democracy Act of 1992. (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. And (3) the sugar quota prohibition under the Food Security Act of 1985. Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba after enactment of this Act. Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba. And (2) travel to and from Cuba by United States citizens or residents. Requires the United States Postal Service to provide direct mail service to and from Cuba. Directs the President to negotiate with the Government of Cuba for the purpose of: (1) settling claims of US nationals for the taking of property by such government, and (2) securing the protection of internationally recognized human rights.","title":"Trade Normalization With Cuba Act","text_len":7484,"sum_len":894} {"bill_id":"103_hr1831","text":"SECTION 1. BASIC PROGRAM REQUIREMENTS.\n\n (a) Program Description.--Paragraph (2) of section 1011 of the \nElementary and Secondary Education Act is amended by inserting ``the \ntraining of teachers, librarians, counselors, and other instructional \nand pupil services personnel in gender-equitable education methods, \ntechniques, and practices; the evaluation of the degree of gender \nequity in the programs and projects assisted under this chapter;'' \nafter ``school year);''.\n (b) Innovative Projects.--Subsection (b) of section 1011 of the \nElementary and Secondary Education Act of 1965 is amended--\n (1) in paragraph (6), by striking ``and'' after the \n semicolon;\n (2) in paragraph 7, by striking the period and adding ``; \n and''; and\n (3) by adding at the end the following:\n ``(8) training of parents, teachers, and other \n instructional pupil services personnel regarding the impact of \n gender-role socialization on the educational needs of eligible \n children and the use of gender-equitable educational \n practices.''.\n\nSEC. 2. SCHOOLWIDE PROJECTS.\n\n Subsection (b) of section 1015 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) in paragraph (1)--\n (A) by redesignating subparagraphs (D) and (E) as \n (E) and (F), respectively; and\n (B) by inserting after subparagraph (C) the \n following:\n ``(D) describes the methods used to ensure gender-\n equitable instruction in programs supported under this \n part;''; and\n (2) in paragraph (4), by inserting ``including training in \n the impact of gender role socialization on learning and gender-\n equitable teaching practices'' after ``the plan''.\n\nSEC. 3. PARENTAL INVOLVEMENT.\n\n Paragraph (3) of section 1016(a) of the Elementary and Secondary \nEducation Act of 1965 is amended by inserting ``, including training in \nthe impact of gender-role socialization on learning and on gender-\nequitable teaching practices'' before the period.\n\nSEC. 4. PROGRAM IMPROVEMENT.\n\n Subsection (b) of section 1021 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) by redesignating paragraph (2) as paragraph (3); and\n (2) by inserting after paragraph (1) the following:\n ``(2) A local educational agency that demonstrates a \n substantial difference in the participation or achievement of \n students by sex shall include a description of planned efforts \n to implement gender equity training for chapter 1 personnel;''.\n\nSEC. 5. EVEN START USES OF FUNDS.\n\n Paragraph (4) of section 1054(b) of the Elementary and Secondary \nEducation Act of 1965 is amended by inserting ``, including training on \nthe impact of gender-role socialization on learning and gender-\nequitable education practices'' after ``programs''.\n\nSEC. 6. SECONDARY SCHOOL APPLICATIONS.\n\n Subsection (b) of section 1104 of the Elementary and Secondary \nEducation Act is amended--\n (1) by redesignating paragraphs (10), (11), and (12) as \n paragraphs (11), (12), and (13), respectively; and\n (2) by inserting after paragraph (9) the following:\n ``(10) describe the methods used to ensure gender-equitable \n instruction in the programs supported under this part;''.\n\nSEC. 7. AWARD OF GRANTS.\n\n Subsection (a) of section 1105 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) in paragraph (3), by striking ``and'' after the \n semicolon;\n (2) in paragraph (4) by striking the period and adding ``; \n and''; and\n (3) by adding at the end the following:\n ``(5) demonstrate the greatest degree of effort to promote \n gender equity and to incorporate gender-equitable instruction \n into the program.''.\n\nSEC. 8. LOCAL TARGETED ASSISTANCE PROGRAMS.\n\n Subsection (b) of section 1531 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) by redesignating paragraphs (6) and (7) as paragraphs \n (7) and (8), respectively; and\n (2) by inserting after paragraph (5) the following:\n ``(6) programs designed to promote gender equity in \n education by eliminating gender bias in instruction and \n educational materials, identifying and analyzing gender \n inequities in education, and implementing and evaluating \n educational policies and practices designed to achieve gender \n equity, including training in gender-equitable instruction for \n teachers and other educational personnel and community \n education programs to enhance the leadership and academic \n skills of girls and young women;''.\n\nSEC. 9. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.\n\n Paragraph (1) of section 2006(b) of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) in subparagraph (D), by striking ``or'' after the \n semicolon;\n (2) in subparagraph (E), by striking the period and adding \n ``; and''; and\n (3) by adding at the end the following:\n ``(F) preservice, inservice, and retraining of \n teachers and other school personnel in gender-equitable \n instruction in mathematics and science.''.\n\nSEC. 10. NATIONAL PROGRAMS.\n\n Paragraph (3) of section 2012(e) of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) in subparagraph (D), by striking ``and'' after the \n semicolon;\n (2) in subparagraph (E), by striking the period and adding \n ``; and''; and\n (3) by adding at the end the following:\n ``(F) demonstrate a commitment to achieving gender \n equity both in access to the computer-use program and \n in the teaching practices used in the program.''.\n\nSEC. 11. WOMEN'S EDUCATIONAL EQUITY.\n\n (a) Application; Participation.--Paragraph (1) of section 4002(a) \nof the Elementary and Secondary Education Act of 1965 is amended--\n (1) in subparagraph (B)--\n (A) by inserting ``the development and \n implementation of'' before ``model''; and\n (B) by inserting ``gender and'' after ``to \n provide''.\n (2) in subparagraph (D);\n (A) by inserting ``the development and \n implementation of'' before ``guidance''; and\n (B) by inserting ``career education programs and'' \n after ``including''.\n\nSEC. 12. GIFTED AND TALENTED CHILDREN.\n\n Subsection (b) of section 4104 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) by redesignating paragraphs (4) and (5) as (5) and (6), \n respectively; and\n (2) by inserting after paragraph (3) the following:\n ``(4) training of personnel involved in talented and gifted \n programs with respect to the impact of gender-role \n socialization on the educational needs of gifted and talented \n children and in gender-equitable education methods, techniques \n and practices;''.\n\nSEC. 13. SECRETARY'S FUND FOR INNOVATION IN EDUCATION.\n\n Subsection (b) of section 4604 of the Elementary and Secondary \nEducation Act of 1965 is amended--\n (1) by redesignating paragraphs (2) and (3) as (3) and (4), \n respectively; and\n (2) by inserting after paragraph (1) the following:\n ``(2) training programs for teachers and instructional \n personnel on the impact of gender-role socialization on \n computer learning styles and gender-equitable methods, \n techniques, and practices for computer-based instruction;''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to establish gender equity requirements and training programs for teachers and other educational personnel with respect to: (1) basic program requirements , innovative projects, schoolwide projects, parental involvement, and program improvement, (2) Even Start progam uses of funds, (3) secondary school programs applications and award of grants, (4) local targeted assistance programs. (5) Eisenhower Mathematics and Science program school teacher training and national programs, (6) Women's Educational Equity personnel training and career education programs, (7) gifted and talented students personnel training. And (8) computer-based instruction personnel training under the Secretary's fund for innovation in education.","title":"To amend the Elementary and Secondary Education Act of 1965 to establish gender equity teacher training programs to ensure gender equity in education programs, and for other purposes.","text_len":7967,"sum_len":782} {"bill_id":"114_s2080","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Pipeline \nImprovement and Preventing Spills Act of 2015''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--INFORMATION TRANSPARENCY\n\nSec. 101. References to title 49, United States Code.\nSec. 102. Notice to property owners and residents.\nSec. 103. Facility operation information standards.\nSec. 104. Availability of industry standards and procedures adopted in \n regulations by reference.\nSec. 105. Considerations for identification of high-consequence areas.\n TITLE II--PIPELINE SPILL PREVENTION\n\nSec. 201. Assessment of oil spill impacts and response in the Great \n Lakes.\nSec. 202. Great Lakes Basin water crossing study and alternatives \n assessment.\nSec. 203. Prohibition on transport of crude oil on Great Lakes.\nSec. 204. Definition of worst case discharge.\n\n TITLE I--INFORMATION TRANSPARENCY\n\nSEC. 101. REFERENCES TO TITLE 49, UNITED STATES CODE.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or a \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of title 49, \nUnited States Code.\n\nSEC. 102. NOTICE TO PROPERTY OWNERS AND RESIDENTS.\n\n Section 60102(c)(4) is amended by adding at the end the following:\n ``(C) Notice to property owners and residents.--\n ``(i) In general.--Not later than 1 year \n after the date of enactment of this \n subparagraph, the Secretary shall prescribe \n minimum standards to require the owner or \n operator of a pipeline facility to notify all \n owners and residents of property located within \n 2,000 feet of a transmission line of the \n facility of--\n ``(I) the proximity of the property \n to the transmission line; and\n ``(II) in the case of a \n transmission line located on private \n residential property, the specific \n location of the line on the property.\n ``(ii) Required information.--The notice \n under clause (i) shall include, at a minimum--\n ``(I) a method for electronic \n access to the information described in \n clause (i) through the Geospatial \n Platform or such other Federal data \n archive as the Secretary considers \n appropriate;\n ``(II) information on how to obtain \n a map of the pipeline system through \n the National Pipeline Mapping System; \n and\n ``(III) such other information as \n the Secretary considers appropriate.\n ``(iii) Deadlines.--The notice under clause \n (i) shall be provided not later than 2 years \n after the date of enactment of this \n subparagraph and at least once every 3 years \n thereafter.''.\n\nSEC. 103. FACILITY OPERATION INFORMATION STANDARDS.\n\n Section 60102(d) is amended--\n (1) in paragraph (2), by redesignating subparagraphs (A) \n and (B) as clauses (i) and (ii), respectively, and indenting \n appropriately;\n (2) in paragraph (3), by redesignating subparagraphs (A) \n and (B) as clauses (i) and (ii), respectively, and indenting \n appropriately;\n (3) in paragraph (5), by redesignating subparagraphs (A) \n through (C) as clauses (i) through (iii), respectively, and \n indenting appropriately;\n (4) by designating paragraphs (1) through (6) as \n subparagraphs (A) through (F), respectively, and indenting \n appropriately; and\n (5) by striking ``The Secretary'' and all that follows \n through ``shall include--'' and inserting the following:\n ``(1) In general.--Subject to paragraph (2), not later than \n 1 year after the date of enactment of the Pipeline Improvement \n and Preventing Spills Act of 2015, the Secretary shall \n prescribe minimum standards under this section requiring an \n operator of a pipeline facility subject to this chapter--\n ``(A) to maintain information related to operating \n the facility as required by the standards prescribed \n under this chapter; and\n ``(B) to provide that information, including any \n updates and changes, to the Secretary, State regulatory \n officials, State and local emergency responders, and \n such other entities as the Secretary considers \n appropriate.\n ``(2) Local emergency responders.--In the case of a local \n emergency responder, the Secretary shall provide the \n information described in subparagraphs (A), (B), (E), and (F) \n of paragraph (4) only to the extent applicable to the local \n district.\n ``(3) Maintenance.--The Secretary shall keep on file the \n information submitted to the Secretary under paragraphs (1) and \n (2).\n ``(4) Information.--The information shall include--''.\n\nSEC. 104. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN \n REGULATIONS BY REFERENCE.\n\n Section 60102 is amended by adding at the end the following:\n ``(q) Availability of Industry Standards and Procedures Adopted in \nRegulations by Reference.--\n ``(1) In general.--The Secretary shall ensure that industry \n standards and procedures adopted by reference as part of the \n Federal pipeline safety regulatory program under this chapter \n are easily available to the public free of charge.\n ``(2) Application.--This subsection shall apply to \n regulations issued before, on, or after the date of enactment \n of this subsection.''.\n\nSEC. 105. CONSIDERATIONS FOR IDENTIFICATION OF HIGH-CONSEQUENCE AREAS.\n\n Section 60109 is amended by adding at the end the following:\n ``(g) Considerations for Identification of High-Consequence \nAreas.--In identifying high-consequence areas under this chapter, the \nSecretary shall consider--\n ``(1) the age of the pipe;\n ``(2) whether the pipe at issue can be inspected using the \n most modern instrumented internal inspection devices;\n ``(3) whether the pipe at issue crosses open waters of the \n Great Lakes; and\n ``(4) the type of commodity (including the type and grade \n of petroleum product) being transported through the pipe.''.\n\n TITLE II--PIPELINE SPILL PREVENTION\n\nSEC. 201. ASSESSMENT OF OIL SPILL IMPACTS AND RESPONSE IN THE GREAT \n LAKES.\n\n (a) Assessment.--\n (1) In general.--The Interagency Coordinating Committee on \n Oil Pollution Research, in consultation with the Secretary of \n the department in which the Coast Guard is operating, the \n Administrator of the Environmental Protection Agency, and the \n heads of other relevant agencies, shall--\n (A) identify measures to respond to spills or leaks \n of oil in the Great Lakes; and\n (B) conduct an assessment of the effectiveness of \n such measures in preventing significant or substantial \n harm to the public health or welfare, including fish, \n shellfish, wildlife, public and private property, \n shorelines, and beaches of the Great Lakes system.\n (2) Elements.--The assessment required under paragraph (1) \n shall include--\n (A) new scientific research on the impacts of a \n spill or leak of oil or a hazardous substance in fresh \n water under a wide range of meteorological and \n hydrological conditions, including an evaluation of the \n impacts of different types of petroleum, including \n synthetic oil from tar sands;\n (B) an evaluation of oil spill or leak prevention \n and response plans (including techniques to address \n submerged oil recovery and recovery in ice-choked \n waters) in order to identify vulnerabilities and \n existing threats to the Great Lakes system; and\n (C) recommendations to foster improvements to \n safety technologies, spill response planning, clean-up \n techniques, and environmental protection systems.\n (b) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, the Interagency Coordinating Committee on Oil \nPollution Research shall submit to Congress a report on the results of \nthe assessment required under subsection (a).\n\nSEC. 202. GREAT LAKES BASIN WATER CROSSING STUDY AND ALTERNATIVES \n ASSESSMENT.\n\n (a) Survey Required.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Transportation, working with \npipeline facility owners, operators, and State governments, shall \nconduct a comprehensive water crossing survey of all intrastate and \ninterstate hazardous liquid pipeline facilities that cross waterways in \nthe Great Lakes Basin in the waters of the United States (as defined in \nthe final rule of the Corps of Engineers and the Environmental \nProtection Agency entitled ``Clean Water Rule: Definition of `Waters of \nthe United States''' (80 Fed. Reg. 37054; June 29, 2015)).\n (b) Elements.--The survey required under subsection (a) shall--\n (1) produce a comprehensive map of all hazardous pipeline \n waterway crossings in the Great Lakes Basin, including lakes, \n rivers, and streams;\n (2) evaluate the condition and structural integrity of \n pipelines at each crossing, considering factors that include \n pipeline thickness, diameter, weld integrity, internal and \n external corrosion, age, pressure, control and shut-off valves, \n burial depths, water depths, currents, and ice cover;\n (3) identify risks of leak and rupture resulting from \n pipeline integrity failures, or any other vulnerability at the \n pipeline water crossings;\n (4) identify gaps in data and information that exist in the \n pipeline network in the Great Lakes Basin, and request \n information related to pipeline integrity or risks from owners \n and operators with facilities that cross lakes, rivers, and \n streams; and\n (5) produce recommendations to prevent future leaks, \n ruptures, and failures that could result in damage to waterways \n and natural resources in the Great Lakes Basin.\n (c) National Research Council Study.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of Transportation shall \n enter into a joint agreement with the National Research Council \n of the National Academies of Sciences to conduct a study in \n connection with the survey under this section.\n (2) Elements.--The study conducted under this subsection \n shall include--\n (A) a study covering the elements described under \n paragraphs (4) and (5) of subsection (b);\n (B) consideration of ways in which review of \n facility response plans as required by the Oil \n Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and \n approval of permits under section 404 of the Federal \n Water Pollution Control Act (33 U.S.C. 1344) in \n accordance with the National Environmental Policy Act \n of 1969 (42 U.S.C. 4321 et seq.) of future and existing \n pipelines that cross waterways in the Great Lakes Basin \n would help prevent spills in the Great Lakes; and\n (C) a risk assessment analysis for alternative \n transportation options to the hazardous liquid pipeline \n facility that crosses from the Upper Peninsula of \n Michigan to the Lower Peninsula of Michigan through the \n Straits of Mackinac, including--\n (i) no action (status quo);\n (ii) rerouting;\n (iii) decommissioning and abandoning;\n (iv) replacing;\n (v) modifying operations (such as limiting \n pipeline product transport to only natural gas \n liquids); and\n (vi) other transportation means.\n\nSEC. 203. PROHIBITION ON TRANSPORT OF CRUDE OIL ON GREAT LAKES.\n\n Section 108 of the Federal Water Pollution Control Act (33 U.S.C. \n1258) is amended--\n (1) by redesignating subsection (e) as subsection (f); and\n (2) by inserting after subsection (d) the following:\n ``(e) Prohibition on Transport of Crude Oil on Great Lakes.--\nNotwithstanding any other provision of law, effective beginning on the \ndate of enactment of the Pipeline Improvement and Preventing Spills Act \nof 2015, crude oil (as that term is defined in section 2101 of title \n46, United States Code) and crude oil derived from oil sands may not be \ntransported on the Great Lakes by vessel (as that term is defined in \nsection 3 of title 1, United States Code).''.\n\nSEC. 204. DEFINITION OF WORST CASE DISCHARGE.\n\n Section 311(a)(24)(B) of the Federal Water Pollution Control Act \n(33 U.S.C. 1321(a)(24)(B)) is amended by inserting before the semicolon \nat the end the following: ``, including conditions in which waters that \nmay receive a discharge are covered in whole or in part by ice''.","summary":"Pipeline Improvement and Preventing Spills Act of 2015 This bill directs the Department of Transportation (DOT) to prescribe minimum standards to require the owner or operator of a pipeline facility to notify all owners and residents of property located within 2,000 feet of a transmission line of: the property's proximity to the line, and the line's specific location if it is on private residential property. DOT shall ensure that industry standards and procedures adopted as part of the federal pipeline safety regulatory program are easily available to the public free of charge. In identifying high-consequence areas, DOT shall consider specified features of a pipe, including its age, whether it can be inspected using the most modern instrumented internal inspection devices, whether it crosses open waters of the Great Lakes, and the type of commodity it transports. The Interagency Coordinating Committee on Oil Pollution Research shall: identify measures to respond to spills or leaks of oil in the Great Lakes. And assess their effectiveness in preventing significant or substantial harm to the public health or welfare. DOT shall: conduct a comprehensive water crossing survey of all intrastate and interstate hazardous liquid pipeline facilities that cross US waterways in the Great Lakes Basin. And enter into a joint agreement with the National Research Council of the National Academies of Sciences to identify gaps in data and information in the Basin pipeline network, and make recommendations to prevent future leaks, ruptures, and failures that could result in damage to Basin waterways and natural resources. The Federal Water Pollution Control Act is amended to: prohibit vessel transportation of crude oil and crude oil derived from oil sands on the Great Lakes, and include in the meaning of quot, worst-case discharge,quot. In the case of an offshore or onshore facility, the largest foreseeable discharge in adverse weather conditions in which waters that may receive a discharge are covered by ice.","title":"Pipeline Improvement and Preventing Spills Act of 2015","text_len":14761,"sum_len":2026} {"bill_id":"113_hr3639","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Provide for the \nCommon Defense Act of 2013''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY\n\nSec. 101. Elimination of 251A reductions for revised security category \n in fiscal years 2014 and 2015.\n TITLE II--OFFSETTING PAYMENT CHANGES\n\n Subtitle A--Medicare\n\nSec. 201. Adjustments to calculation of Medicare part B and part D \n premiums for high-income beneficiaries.\nSec. 202. Increase in part B deductible for new enrollees.\n Subtitle B--Agriculture\n\nSec. 211. Cap on overall rate of return for crop insurance providers.\nSec. 212. Cap on reimbursements for administrative and operating \n expenses of crop insurance providers.\nSec. 213. Reduction in share of crop insurance premium paid by Federal \n Crop Insurance Corporation.\n Subtitle C--Federal Retirement\n\nSec. 221. Retirement contributions.\nSec. 222. Annuity supplement.\nSec. 223. Use of Chained Consumer Price Index.\n Subtitle D--Chained CPI\n\nSec. 231. Change in index used to calculate Social Security cost-of-\n living adjustments.\n\n TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY\n\nSEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY \n IN FISCAL YEARS 2014 AND 2015.\n\n (a) Elimination of the Adjustment Under Section 251A for Fiscal \nYears 2014 and 2015.--Section 251A of the Balanced Budget and Emergency \nDeficit Control Act of 1985 (2 U.S.C. 901a) is amended--\n (1) in paragraphs (7)(B) and (8), by striking ``On the \n date'' in each instance and inserting ``Subject to paragraph \n (12), on the date''; and\n (2) by adding at the end the following new paragraph:\n ``(12) No reductions for revised security category in \n fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall \n have no force or effect for fiscal years 2014 and 2015 with \n respect to the revised security category.''.\n (b) Discretionary Spending Limits for the Revised Security Category \nin Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 (as modified \nby section 251A(2) of such Act), for fiscal years 2014 and 2015, the \ndiscretionary spending limit for the revised security category in each \nsuch fiscal year shall be $552,000,000,000 and $566,000,000,000, \nrespectively.\n\n TITLE II--OFFSETTING PAYMENT CHANGES\n\n Subtitle A--Medicare\n\nSEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D \n PREMIUMS FOR HIGH-INCOME BENEFICIARIES.\n\n (a) Increase in Applicable Percentage Used To Calculate Premiums.--\nSection 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C. \n1395r(i)(3)(C)(i)) is amended--\n (1) by inserting after ``In general.--'' the following:\n ``(I) Years before 2017.--For \n calendar years prior to 2017:''; and\n (2) by adding at the end the following new subclause:\n ``(II) 2017 and subsequent years.--For \n calendar year 2017 and each subsequent calendar \n year:\n\n``If the modified adjusted The applicable\n gross income is: percentage is:\n More than $85,000 but not more than $107,000........... 40 \n More than $107,000 but not more than $160,000.......... 55 \n More than $160,000 but not more than $214,000.......... 70 \n More than $214,000..................................... 90.''.\n (b) Temporary Adjustment to Income Thresholds Used To Calculate \nPremiums.--\n (1) In general.--Section 1839(i)(6) of the Social Security \n Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding \n subparagraph (A) by striking ``December 31, 2019'' and \n inserting ``December 31 of the year after 2019 that is the \n first year after the year in which at least 25 percent of \n individuals enrolled under this part are subject to a reduction \n under this subsection to the monthly amount of the premium \n subsidy applicable to the premium under this section.''.\n (2) Application of inflation adjustment.--Section \n 1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) \n is amended--\n (A) in subparagraph (A), by striking ``In the \n case'' and inserting ``Subject to subparagraph (C), in \n the case''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(C) Treatment of years after temporary adjustment \n period.--In applying subparagraph (A) for the first \n year beginning after the period described in paragraph \n (6) and for each subsequent year, the 12-month period \n ending with August 2006 described in clause (ii) of \n such subparagraph shall be deemed to be the 12-month \n period ending with August of the last year of such \n period described in paragraph (6).''.\n\nSEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES.\n\n Section 1833 of the Social Security Act (42 U.S.C. 1395l) is \namended--\n (1) in the first sentence of subsection (b), by inserting \n ``(subject to subsection (z))'' after ``for a subsequent \n year''; and\n (2) by adding at the end the following:\n ``(z) Higher Deductible for New Enrollees.--In the case of an \nindividual who is not enrolled under this part before January 1, 2017, \nthe amount of the deductible under subsection (b)--\n ``(1) for 2017 shall be the amount otherwise determined \n under such subsection for 2017 increased by $25;\n ``(2) for 2018 shall be the amount otherwise determined \n under such subsection for 2018, taking into account the \n application of the previous paragraph;\n ``(3) for 2019 shall be the amount otherwise determined \n under such subsection for 2019, taking into the application of \n the previous paragraphs, , increased by $25;\n ``(4) for 2020 shall be the amount otherwise determined \n under such subsection for 2020, taking into account the \n application of the previous paragraphs, increased by $25;\n ``(5) for 2021 shall be the amount otherwise determined \n under such subsection for 2021, taking into account the \n application of the previous paragraphs, increased by $25; and\n ``(6) for any subsequent year shall be the amount otherwise \n determined under such subsection for such year, taking into \n account the application of the previous paragraphs and this \n paragraph for previous years.''.\n\n Subtitle B--Agriculture\n\nSEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.\n\n Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) \nis amended--\n (1) by designating paragraph (3) as subparagraph (A) (and \n adjusting the margin two ems to the right);\n (2) by inserting before subparagraph (A) (as so designated) \n the following:\n ``(3) Risk.--''; and\n (3) by adding at the end the following new subparagraph:\n ``(B) Cap on overall rate of return.--The target \n rate of return for all the companies combined for the \n 2014 and subsequent reinsurance years shall be 12.8 \n percent of retained premium.''.\n\nSEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING \n EXPENSES OF CROP INSURANCE PROVIDERS.\n\n Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. \n1508(k)(4)) is amended by adding at the end the following new \nsubparagraph:\n ``(G) Additional cap on reimbursements.--\n Notwithstanding subparagraphs (A) through (F), total \n reimbursements for administrative and operating costs \n for the 2014 insurance year for all types of policies \n and plans of insurance shall not exceed $935,000,000. \n For each subsequent insurance year, the dollar amount \n in effect pursuant to the preceding sentence shall be \n increased by the same inflation factor as established \n for the administrative and operating costs cap in the \n 2011 Standard Reinsurance Agreement.''.\n\nSEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL \n CROP INSURANCE CORPORATION.\n\n (a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the \nFederal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by \nstriking ``sufficient to cover anticipated losses and a reasonable \nreserve'' and inserting ``for all crops for which catastrophic risk \nprotection coverage is available shall be reduced by the percentage \nequal to the difference between the average loss ratio for such crop \nand 100 percent, plus a reasonable reserve''.\n (b) Additional Coverage.--Section 508(e)(2) of the Federal Crop \nInsurance Act (7 U.S.C. 1508(e)(2)) is amended--\n (1) in subparagraph (B)(i), by striking ``67'' and \n inserting ``64'';\n (2) in subparagraph (C)(i), by striking ``64'' and \n inserting ``61'';\n (3) in subparagraph (D)(i), by striking ``59'' and \n inserting ``56''; and\n (4) in subparagraph (E)(i), by striking ``55'' and \n inserting ``52''.\n (c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the \nFederal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by \nstriking ``80'' and inserting ``77''.\n (d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop \nInsurance Act (7 U.S.C. 1508(e)(6)) is amended--\n (1) in subparagraph (A)(i), by striking ``59'' and \n inserting ``56''; and\n (2) in subparagraph (B)(i), by striking ``55'' and \n inserting ``52''.\n (e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop \nInsurance Act (7 U.S.C. 1508) is amended--\n (1) in subparagraph (A)(i), by striking ``59'' and \n inserting ``56'';\n (2) in subparagraph (B)(i), by striking ``55'' and \n inserting ``52''; and\n (3) in subparagraph (C)(i), by striking ``51'' and \n inserting ``48''.\n (f) Effective Date.--The amendments made by this section shall \napply with respect to the first contract change date for a contract \nunder the Federal Crop Insurance Act occurring after the date of the \nenactment of this Act.\n\n Subtitle C--Federal Retirement\n\nSEC. 221. RETIREMENT CONTRIBUTIONS.\n\n (a) Civil Service Retirement System.--\n (1) Individual contributions.--Section 8334(c) of title 5, \n United States Code, is amended--\n (A) by striking ``(c) Each'' and inserting ``(c)(1) \n Each''; and\n (B) by adding at the end the following:\n ``(2) Notwithstanding any other provision of this subsection, the \napplicable percentage of basic pay under this subsection for civilian \nservice by an employee or Member shall, for purposes of computing an \namount--\n ``(A) for a period in calendar year 2014, be equal to the \n applicable percentage under this subsection for calendar year \n 2013 plus an additional 0.4 percentage point;\n ``(B) for a period in calendar year 2015, be equal to the \n applicable percentage under this subsection for calendar year \n 2014 (as determined under subparagraph (A)) plus an additional \n 0.4 percentage point;\n ``(C) for a period in calendar year 2016, be equal to the \n applicable percentage under this subsection for calendar year \n 2015 (as determined under subparagraph (B)) plus an additional \n 0.4 percentage point; and\n ``(D) for a period in any calendar year after 2016, be \n equal to the applicable percentage under this subsection for \n calendar year 2015 (as determined under subparagraph (C)).\n ``(3)(A) Notwithstanding subsection (a)(2), any excess \ncontributions under subsection (a)(1)(A) (including the portion of any \ndeposit under this subsection allocable to excess contributions) shall, \nif made by an employee of the United States Postal Service or the \nPostal Regulatory Commission, be deposited to the credit of the Postal \nService Fund under section 2003 of title 39, rather than the Civil \nService Retirement and Disability Fund.\n ``(B) For purposes of this paragraph, the term `excess \ncontributions', as used with respect to contributions made under \nsubsection (a)(1)(A) by an employee of the United States Postal Service \nor the Postal Regulatory Commission, means the amount by which--\n ``(i) deductions from basic pay of such employee which are \n made under subsection (a)(1)(A), exceed\n ``(ii) deductions from basic pay of such employee which \n would have been so made if paragraph (2) had not been \n enacted.''.\n (2) Government contributions.--Section 8334(a)(1)(B) of \n title 5, United States Code, is amended--\n (A) in clause (i), by striking ``Except as provided \n in clause (ii),'' and inserting ``Except as provided in \n clause (ii) or (iii),''; and\n (B) by adding at the end the following:\n ``(iii) The amount to be contributed under clause (i) shall, with \nrespect to a period in any year beginning after December 31, 2013, be \nequal to--\n ``(I) the amount which would otherwise apply under clause \n (i) with respect to such period, reduced by\n ``(II) the amount by which, with respect to such period, \n the withholding under subparagraph (A) exceeds the amount which \n would otherwise have been withheld from the basic pay of the \n employee or elected official involved under subparagraph (A) \n based on the percentage applicable under subsection (c) for \n calendar year 2013.''.\n (b) Individual Contributions Under the Federal Employees' \nRetirement System.--Section 8422(a)(3) of title 5, United States Code, \nis amended--\n (1) by redesignating subparagraph (B) as subparagraph (C); \n and\n (2) by inserting after subparagraph (A) the following:\n ``(B) Notwithstanding any other provision of this paragraph, the \napplicable percentage under this paragraph for civilian service by \nemployees or Members other than revised annuity employees shall--\n ``(i) for a period in calendar year 2014, be equal to the \n applicable percentage under this paragraph for calendar year \n 2013 plus an additional 0.4 percentage point;\n ``(ii) for a period in calendar year 2015, be equal to the \n applicable percentage under this paragraph for calendar year \n 2014 (as determined under clause (i)) plus an additional 0.4 \n percentage point;\n ``(iii) for a period in calendar year 2016, be equal to the \n applicable percentage under this paragraph for calendar year \n 2015 (as determined under clause (ii)) plus an additional 0.4 \n percentage point; and\n ``(iv) for a period in any calendar year after 2016, be \n equal to the applicable percentage under this paragraph for \n calendar year 2016 (as determined under clause (iii)).''.\n\nSEC. 222. ANNUITY SUPPLEMENT.\n\n Section 8421(a) of title 5, United States Code, is amended--\n (1) in paragraph (1), by striking ``paragraph (3)'' and \n inserting ``paragraphs (3) and (4)'';\n (2) in paragraph (2), by striking ``paragraph (3)'' and \n inserting ``paragraphs (3) and (4)''; and\n (3) by adding at the end the following:\n ``(4) No annuity supplement under this section shall be payable in \nthe case of an individual who first becomes subject to this chapter \nafter December 31, 2013.''.\n\nSEC. 223. USE OF CHAINED CONSUMER PRICE INDEX.\n\n (a) In General.--Paragraph (15) of section 8331 of title 5, United \nStates Code, is amended to read as follows:\n ``(15) the term `price index' means the Chained Consumer \n Price Index (all items-all urban consumers) published monthly \n by the Bureau of Labor Statistics;''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on January 1, 2015, and shall apply with respect to any \ncost-of-living adjustment taking effect under section 8340 or 8462 of \ntitle 5, United States Code, on or after that date.\n\n Subtitle D--Chained CPI\n\nSEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-\n LIVING ADJUSTMENTS.\n\n (a) In General.--Section 215(i)(1) of the Social Security Act (42 \nU.S.C. 415(i)(1)) is amended--\n (1) in subparagraph (G), by striking the period at the end \n and inserting ``; and''; and\n (2) by adding at the end the following new subparagraph:\n ``(H) the term `Consumer Price Index' means the Chained \n Consumer Price Index for All Urban Consumers (C-CPI-U, as \n published in its initial version by the Bureau of Labor \n Statistics of the Department of Labor).''.\n (b) Application to Pre-1979 Law.--\n (1) In general.--Section 215(i)(1) of the Social Security \n Act as in effect in December 1978, and as applied in certain \n cases under the provisions of such Act as in effect after \n December 1978, is amended--\n (A) in subparagraph (C), by striking the period at \n the end and inserting ``; and''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(D) the term `Consumer Price Index' means the Chained \n Consumer Price Index for All Urban Consumers (C-CPI-U, as \n published in its initial version by the Bureau of Labor \n Statistics of the Department of Labor).''.\n (2) Conforming change.--Section 215(i)(4) of the Social \n Security Act (42 U.S.C. 415(i)(4)) is amended by inserting \n ``and by section 231 of the Provide for the Common Defense Act \n of 2013'' after ``1986''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to adjustments effective with or after December \n2014.","summary":"Provide for the Common Defense Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to nullify the presidential sequestration order issued for the revised security category for FY2014-FY2015 to enforce a specified budget goal. Establishes the discretionary spending limit for the revised security category for each such fiscal year. Amends part B of title XVIII (Medicare) of the Social Security Act (SSA) with respect to adjustments to the calculation of Medicare parts B and D premiums for high income beneficiaries for 2017 and subsequent years. Reduces the monthly amount of the Medicare parts B and D premium subsidies for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $85,000 (40) and finally exceeding $214,000 (90). Revises the temporary adjustment to income thresholds used to calculate premiums between January 1, 2011, and December 31, 2019, to extend it through December 31 of the first year after 2019 after the year in which at least 25 of individuals enrolled in the Medicare parts B and D are subject to a reduction to the monthly amount of the applicable premium subsidy. Increases by $25 per year the part B deductible for new enrollees after January 1, 2017, and subsequent years. Amends the Federal Crop Insurance Act to establish caps beginning with FY2014 for: (1) combined crop insurance provider rates of return, and (2) reimbursements for crop insurance provider administrative and operating expenses. Reduces according to a specified formula the crop insurance premium for catastrophic risk protection coverage. Reduces the portion of premium paid by the Federal Crop Insurance Corporation for the following coverages: (1) additional insurance, (2) enterprise and whole farm units, (3) area revenue plans, and (4) area yield plans. Requires an additional .4 increase per year, beginning in calendar 2014, in the percentage of basic pay that federal employees or Members of Congress must contribute to their pension plans under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Reduces government contributions to CSRS and FERS by the amount of such increased employee contributions. Eliminates annuity supplements for federal employees hired after 2013. Revises the definition of ldquo, price index,rdquo. For purposes of cost-of-living adjustments to federal employee benefits, to mean the Chained Consumer Price Index for All Urban Consumers instead of the Consumer Price Index. Amends SSA title II (OASDI) to require the use of the Chained CPI for calculation of Social Security cost-of-living adjustments.","title":"Provide for the Common Defense Act of 2013","text_len":19150,"sum_len":2743} {"bill_id":"113_hr2574","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Keep Student Loans Affordable Act of \n2013''.\n\nSEC. 2. INTEREST RATE EXTENSION.\n\n Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. \n1087e(b)(7)(D)) is amended--\n (1) in the matter preceding clause (i), by striking ``and \n before July 1, 2013,'' and inserting ``and before July 1, \n 2014,''; and\n (2) in clause (v), by striking ``and before July 1, 2013,'' \n and inserting ``and before July 1, 2014,''.\n\nSEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS.\n\n (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code \nof 1986 is amended to read as follows:\n ``(B) Required distributions where employee dies \n before entire interest is distributed.--\n ``(i) 5-year general rule.--A trust shall \n not constitute a qualified trust under this \n section unless the plan provides that, if an \n employee dies before the distribution of the \n employee's interest (whether or not such \n distribution has begun in accordance with \n subparagraph (A)), the entire interest of the \n employee will be distributed within 5 years \n after the death of such employee.\n ``(ii) Exception for eligible designated \n beneficiaries.--If--\n ``(I) any portion of the employee's \n interest is payable to (or for the \n benefit of) an eligible designated \n beneficiary,\n ``(II) such portion will be \n distributed (in accordance with \n regulations) over the life of such \n eligible designated beneficiary (or \n over a period not extending beyond the \n life expectancy of such beneficiary), \n and\n ``(III) such distributions begin \n not later than 1 year after the date of \n the employee's death or such later date \n as the Secretary may by regulations \n prescribe,\n then, for purposes of clause (i) and except as \n provided in clause (iv) or subparagraph \n (E)(iii), the portion referred to in subclause \n (I) shall be treated as distributed on the date \n on which such distributions begin.\n ``(iii) Special rule for surviving spouse \n of employee.--If the eligible designated \n beneficiary referred to in clause (ii)(I) is \n the surviving spouse of the employee--\n ``(I) the date on which the \n distributions are required to begin \n under clause (ii)(III) shall not be \n earlier than the date on which the \n employee would have attained age 70\\1\/\n 2\\, and\n ``(II) if the surviving spouse dies \n before the distributions to such spouse \n begin, this subparagraph shall be \n applied as if the surviving spouse were \n the employee.\n ``(iv) Rules upon death of eligible \n designated beneficiary.--If an eligible \n designated beneficiary dies before the portion \n of an employee's interest described in clause \n (ii) is entirely distributed, clause (ii) shall \n not apply to any beneficiary of such eligible \n designated beneficiary and the remainder of \n such portion shall be distributed within 5 \n years after the death of such beneficiary.''.\n (b) Definition of Eligible Designated Beneficiary.--Section \n401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as \nfollows:\n ``(E) Definitions and rules relating to designated \n beneficiary.--For purposes of this paragraph--\n ``(i) Designated beneficiary.--The term \n `designated beneficiary' means any individual \n designated as a beneficiary by the employee.\n ``(ii) Eligible designated beneficiary.--\n The term `eligible designated beneficiary' \n means, with respect to any employee, any \n designated beneficiary who, as of the date of \n death of the employee, is--\n ``(I) the surviving spouse of the \n employee,\n ``(II) subject to clause (iii), a \n child of the employee who has not \n reached majority (within the meaning of \n subparagraph (F)),\n ``(III) disabled (within the \n meaning of section 72(m)(7)),\n ``(IV) a chronically ill individual \n (within the meaning of section \n 7702B(c)(2), except that the \n requirements of subparagraph (A)(i) \n thereof shall only be treated as met if \n there is a certification that, as of \n such date, the period of inability \n described in such subparagraph with \n respect to the individual is an \n indefinite one that is reasonably \n expected to be lengthy in nature), or\n ``(V) an individual not described \n in any of the preceding subparagraphs \n who is not more than 10 years younger \n than the employee.\n ``(iii) Special rule for children.--Subject \n to subparagraph (F), an individual described in \n clause (ii)(II) shall cease to be an eligible \n designated beneficiary as of the date the \n individual reaches majority and the requirement \n of subparagraph (B)(i) shall not be treated as \n met with respect to any remaining portion of an \n employee's interest payable to the individual \n unless such portion is distributed within 5 \n years after such date.''.\n (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nclause:\n ``(v) Employees becoming 5-percent owners \n after age 70\\1\/2\\.--If an employee becomes a 5-\n percent owner (as defined in section 416) with \n respect to a plan year ending in a calendar \n year after the calendar year in which the \n employee attains age 70\\1\/2\\, then clause \n (i)(II) shall be applied by substituting the \n calendar year in which the employee became such \n an owner for the calendar year in which the \n employee retires.''.\n (d) Effective Dates.--\n (1) In general.--Except as provided in this subsection, the \n amendments made by this section shall apply to distributions \n with respect to employees who die after December 31, 2013.\n (2) Required beginning date.--\n (A) In general.--The amendment made by subsection \n (c) shall apply to employees becoming a 5-percent owner \n with respect to plan years ending in calendar years \n beginning before, on, or after the date of the \n enactment of this Act.\n (B) Special rule.--If--\n (i) an employee became a 5-percent owner \n with respect to a plan year ending in a \n calendar year which began before January 1, \n 2013, and\n (ii) the employee has not retired before \n calendar year 2014,\n such employee shall be treated as having become a 5-\n percent owner with respect to a plan year ending in \n 2013 for purposes of applying section 401(a)(9)(C)(v) \n of the Internal Revenue Code of 1986 (as added by the \n amendment made by subsection (c)).\n (3) Exception for certain beneficiaries.--If a designated \n beneficiary of an employee who dies before January 1, 2014, \n dies after December 31, 2013--\n (A) the amendments made by this section shall apply \n to any beneficiary of such designated beneficiary, and\n (B) the designated beneficiary shall be treated as \n an eligible designated beneficiary for purposes of \n applying section 401(a)(9)(B)(iv) of such Code (as in \n effect after the amendments made by this section).\n (4) Exception for certain existing annuity contracts.--\n (A) In general.--The amendments made by this \n section shall not apply to a qualified annuity which is \n a binding annuity contract in effect on the date of the \n enactment of this Act and at all times thereafter.\n (B) Qualified annuity contract.--For purposes of \n this paragraph, the term ``qualified annuity'' means, \n with respect to an employee, an annuity--\n (i) which is a commercial annuity (as \n defined in section 3405(e)(6) of such Code) or \n payable by a defined benefit plan,\n (ii) under which the annuity payments are \n substantially equal periodic payments (not less \n frequently than annually) over the lives of \n such employee and a designated beneficiary (or \n over a period not extending beyond the life \n expectancy of such employee or the life \n expectancy of such employee and a designated \n beneficiary) in accordance with the regulations \n described in section 401(a)(9)(A)(ii) of such \n Code (as in effect before such amendments) and \n which meets the other requirements of this \n section 401(a)(9) of such Code (as so in \n effect) with respect to such payments, and\n (iii) with respect to which--\n (I) annuity payments to the \n employee have begun before January 1, \n 2014, and the employee has made an \n irrevocable election before such date \n as to the method and amount of the \n annuity payments to the employee or any \n designated beneficiaries, or\n (II) if subclause (I) does not \n apply, the employee has made an \n irrevocable election before the date of \n the enactment of this Act as to the \n method and amount of the annuity \n payments to the employee or any \n designated beneficiaries.","summary":"Keep Student Loans Affordable Act of 2013 - Amends title IV of the Higher Education Act of 1965 to extend the 3.4 interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines eligible designated beneficiary to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act.","title":"Keep Student Loans Affordable Act of 2013","text_len":12968,"sum_len":916} {"bill_id":"115_hr3871","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Organic Farmer and Consumer \nProtection Act of 2017''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM.\n\n Subsection (b) of section 2123 of the Organic Foods Production Act \nof 1990 (7 U.S.C. 6522) is amended to read as follows:\n ``(b) National Organic Program.--Notwithstanding any other \nprovision of law, in order to carry out activities under the national \norganic program established under this title, there are authorized to \nbe appropriated--\n ``(1) $15,000,000 for fiscal year 2018;\n ``(2) $16,500,000 for fiscal year 2019;\n ``(3) $18,000,000 for fiscal year 2020;\n ``(4) $20,000,000 for fiscal year 2021;\n ``(5) $22,000,000 for fiscal year 2022; and\n ``(6) $24,000,000 for fiscal year 2023.''.\n\nSEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY \n SYSTEMS AND DATA COLLECTION.\n\n Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6522) is amended by adding at the end the following new subsection:\n ``(d) Modernization and Improvement of International Trade \nTechnology Systems and Data Collection.--\n ``(1) In general.--The Secretary shall modernize \n international trade tracking and data collection systems of the \n national organic program.\n ``(2) Activities.--In carrying out paragraph (1), the \n Secretary shall modernize trade and transaction certificates to \n ensure full traceability without unduly hindering trade, such \n as through an electronic trade document exchange system.\n ``(3) Funding.--Of the funds of the Commodity Credit \n Corporation, the Secretary shall make available $5,000,000 for \n fiscal year 2019 for the purposes of--\n ``(A) carrying out this subsection; and\n ``(B) maintaining the database and technology \n upgrades previously carried out pursuant to subsection \n (c).\n ``(4) Availability.--The amount made available under \n paragraph (3) is in addition to any other funds made available \n for the purposes specified in such paragraph and shall remain \n available until expended.''.\n\nSEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT.\n\n (a) In General.--Section 2120 of the Organic Foods Production Act \nof 1990 (7 U.S.C. 6519) is amended by adding at the end the following:\n ``(d) Collaborative Investigations and Enforcement.--\n ``(1) Information sharing during active investigation.--In \n carrying out this title, all parties to an active investigation \n (including certifying agents, State organic certification \n programs, and the national organic program) may share \n confidential business information with Federal and State \n government officers and employees and certifying agents \n involved in the investigation as necessary to fully investigate \n and enforce potential violations of this title and regulations \n issued under this title.\n ``(2) Access to data documentation systems.--The Secretary \n shall have access to available data from cross-border \n documentation systems administered by other Federal agencies, \n including--\n ``(A) the Automated Commercial Environment system \n of the U.S. Customs and Border Patrol; and\n ``(B) the Phytosanitary Certificate Issuance and \n Tracking system of the Animal and Plant Health \n Inspection Service.\n ``(3) Additional documentation and verification.--The \n Secretary, acting through the national organic program, has the \n authority, and shall grant an accredited certifying agent the \n authority, to require increased additional documentation or \n verification before granting certification, in the case of a \n known area of risk or when there is a specific area of concern, \n as determined by the Secretary or the certifying agent.''.\n (b) Modification of Regulations on Exclusions From Certification.--\nNot later than 1 year after the date of the enactment of this Act, the \nSecretary of Agriculture shall issue regulations to limit the type of \noperations that are excluded from certification under section 205.101 \nof title 7, Code of Federal Regulations, and any other corresponding \nsections.\n\nSEC. 5. ADDITIONAL ACCREDITATION AUTHORITY.\n\n Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6514) is amended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by inserting after subsection (b) the following:\n ``(c) Satellite Offices and Overseas Operations.--As part of the \naccreditation of certifying agents under this section, the Secretary--\n ``(1) has oversight and approval authority over any \n certifying agent operating in a foreign country; and\n ``(2) shall require an annual authorization for each \n certifying agent that intends to operate in any foreign \n country.''.\n\nSEC. 6. ANNUAL REPORT.\n\n Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6521) is amended by adding at the end the following:\n ``(c) Annual Report.--Not later than March 1, 2019, and annually \nthereafter, the Secretary shall submit to Congress a report describing \nnational organic program activities with respect to all domestic and \noverseas investigations and compliance actions taken pursuant to this \ntitle during the preceding year.''.","summary":"Organic Farmer and Consumer Protection Act of 2017 This bill amends the Organic Foods Production Act of 1990 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) National Organic Program (NOP). USDA must modernize the international trade tracking and data collection systems of the NOP, which must include ensuring that trade and transaction certificates are fully traceable without unduly hindering trade. The bill authorizes mandatory funding to be used for this purpose and for maintaining previous database and technology upgrades. The bill modifies requirements for recordkeeping, investigations, and enforcement with respect to the organic certification process to: allow parties to an active investigation to share confidential business information with government officers or employees and certifying agents involved in the investigation, require federal agencies that administer cross-border documentation systems to provide USDA with access to the data from the systems, allow the NOP to grant an accredited certifying agent the authority to require additional documentation or verification before granting certification, and require USDA to issue regulations limiting the type of operations that are excluded from certification. With respect to the accreditation process for certifying agents, the bill: (1) authorizes USDA to oversee and approve certifying agents operating in a foreign country, and (2) requires certifying agents that intend to operate in a foreign country to be annually authorized.","title":"Organic Farmer and Consumer Protection Act of 2017","text_len":5699,"sum_len":1538} {"bill_id":"109_hr6050","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Balanced Trade Act of 2006''.\n\nSEC. 2. FINDINGS OF CONGRESS.\n\n Congress makes the following findings:\n (1) Since 1997, the United States current account deficit, \n the broadest measure of United States international trade, has \n grown substantially, both absolutely and relative to gross \n domestic product (GDP), increasing from $140,400,000,000 in \n 1997 (1.7 percent of GDP) to $791,000,000,000 in 2005 (6.3 \n percent of GDP).\n (2) Strong manufacturing and agricultural sectors are \n important to nurturing and sustaining the health and security \n of the Nation's economy. The persistent current account deficit \n weakens United States manufacturing and agriculture and causes \n the loss of United States jobs. It can be estimated that the \n 2005 merchandise trade deficit cost the United States up to \n 15,000,000 jobs.\n (3) The direction and trend of the current account deficit \n is unsustainable in the long run and needs immediate corrective \n action.\n (4) It is critical to the Nation's economic future that the \n current account deficit be addressed by adopting statutory \n changes that will eliminate some of the causes of the trade \n deficit and will begin to move the Nation to a positive trade \n balance.\n\nSEC. 3. MANDATORY PRESIDENTIAL ACTION WHENEVER THE UNITED STATES \n CURRENT ACCOUNT DEFICIT EXCEEDS 2 PERCENT OF THE UNITED \n STATES GROSS DOMESTIC PRODUCT.\n\n Section 122 of the Trade Act of 1974 (19 U.S.C. 2132) is amended--\n (1) by redesignating subsections (c) through (h) as (d) \n through (i), respectively; and\n (2) by inserting after subsection (b) the following new \n subsection (c):\n ``(c) Mandatory Presidential Proclamation of Temporary Import \nSurcharge Whenever the United States Current Account Deficit Exceeds 2 \nPercent of the Gross Domestic Product.--\n ``(1) In general.--Notwithstanding the provisions of \n subsections (a) and (b), whenever there is a United States \n current account deficit that exceeds 2 percent of the gross \n domestic product, then--\n ``(A) for purposes of subsection (a), the President \n shall determine that fundamental international payments \n problems do exist that require special import measures \n to restrict imports; and\n ``(B) within 30 days after making that \n determination, the President shall proclaim, for the \n period described in paragraph (2), a temporary import \n surcharge under this subsection in the form of duties \n (in addition to those already imposed, if any) on \n articles imported into the United States.\n ``(2) Period of surcharge.--The period of the surcharge \n proclaimed under this subsection is the period beginning on the \n date on which the surcharge is proclaimed and ending on the \n date on which there is not a United States current account \n deficit, or there is a United States current account deficit \n that does not exceed 1 percent of the gross domestic product.\n ``(3) Amount of surcharge.--\n ``(A) Minimum.--The amount of the surcharge \n proclaimed under this subsection shall be not less than \n 20 percent ad valorem.\n ``(B) Adjustment to ensure period of not more than \n 24 months.--Subject to subparagraph (A), the amount of \n the surcharge shall be adequate to ensure that the \n period in which the surcharge applies (as described in \n paragraph (2)) is not more than 24 months. Whenever the \n President determines that the amount of the surcharge \n is inadequate to ensure that the period in which the \n surcharge applies is not more than 24 months, the \n President shall increase the amount by at least 1 \n percent.\n ``(4) Data used in making determinations.--Each \n determination under this subsection shall be made using the \n most recently available information for a 1-year period \n compiled by the Bureau of Economic Analysis of the Department \n of Commerce.\n ``(5) Exceptions.--\n ``(A) Country exemptions.--Subsection (e)(2) \n applies to a surcharge proclaimed under this subsection \n to the same extent that it applies to an import \n restricting action proclaimed pursuant to subsection \n (a).\n ``(B) Product exceptions.--Subsection (f) applies \n to a surcharge proclaimed under this subsection to the \n same extent that it applies to an import restricting \n action proclaimed pursuant to subsection (a).''.","summary":"Balanced Trade Act of 2006 - Amends the Trade Act of 1974 to require the President whenever there is a trade deficit that exceeds 2 of the gross domestic product (GDP) to: (1) restrict imports. And (2) proclaim, for a determined period, a temporary import surcharge of not less than 20 ad valorem on articles imported into the United States. (Currently, the President has the authority to temporarily impose import surcharges","title":"To amend the Trade Act of 1974 to require the President to make a determination that a fundamental international payments problem exists and to proclaim a temporary import surcharge whenever the United States current account deficit exceeds 2 percent of the United States Gross Domestic Product.","text_len":5158,"sum_len":425} {"bill_id":"110_hr3807","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Renewable Energy Assistance Act of \n2007''.\n\nSEC. 2. INCREASE AND EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY \n EFFICIENT PROPERTY.\n\n (a) Extension.--Subsection (g) of section 25D of the Internal \nRevenue Code of 1986 is amended by striking ``December 31, 2008'' and \ninserting ``December 31, 2016''.\n (b) Repeal of Maximum Dollar Limitation.--\n (1) In general.--Subsection (b) of section 25D of such Code \n is amended to read as follows:\n ``(b) Certification of Solar Water Heating Property.--No credit \nshall be allowed under this section for an item of property described \nin subsection (d)(1) unless such property is certified for performance \nby the non-profit Solar Rating Certification Corporation or a \ncomparable entity endorsed by the government of the State in which such \nproperty is installed.''.\n (2) Conforming amendments.--\n (A) Subsection (e) of section 25D of such Code is \n amended by striking paragraph (4) and by redesignating \n paragraphs (5) through (9) as paragraphs (4) through \n (8), respectively.\n (B) Paragraph (1) of section 25C(e) of such Code is \n amended by striking ``(8), and (9)'' and inserting \n ``and (8) (and paragraph (4) as in effect before its \n repeal)''.\n (c) Credit Allowed Against Alternative Minimum Tax.--\n (1) In general.--Subsection (c) of section 25D of such Code \n is amended to read as follows:\n ``(c) Limitation Based on Amount of Tax; Carryforward of Unused \nCredit.--\n ``(1) Limitation based on amount of tax.--In the case of a \n taxable year to which section 26(a)(2) does not apply, the \n credit allowed under subsection (a) for the taxable year shall \n not exceed the excess of--\n ``(A) the sum of the regular tax liability (as \n defined in section 26(b)) plus the tax imposed by \n section 55, over\n ``(B) the sum of the credits allowable under this \n subpart (other than this section) and section 27 for \n the taxable year.\n ``(2) Carryforward of unused credit.--\n ``(A) Rule for years in which all personal credits \n allowed against regular and alternative minimum tax.--\n In the case of a taxable year to which section 26(a)(2) \n applies, if the credit allowable under subsection (a) \n exceeds the limitation imposed by section 26(a)(2) for \n such taxable year reduced by the sum of the credits \n allowable under this subpart (other than this section), \n such excess shall be carried to the succeeding taxable \n year and added to the credit allowable under subsection \n (a) for such succeeding taxable year.\n ``(B) Rule for other years.--In the case of a \n taxable year to which section 26(a)(2) does not apply, \n if the credit allowable under subsection (a) exceeds \n the limitation imposed by paragraph (1) for such \n taxable year, such excess shall be carried to the \n succeeding taxable year and added to the credit \n allowable under subsection (a) for such succeeding \n taxable year.''.\n (2) Conforming amendments.--\n (A) Section 23(b)(4)(B) of such Code is amended by \n inserting ``and section 25D'' after ``this section''.\n (B) Section 24(b)(3)(B) of such Code is amended by \n striking ``and 25B'' and inserting ``, 25B, and 25D''.\n (C) Section 25B(g)(2) of such Code is amended by \n striking ``section 23'' and inserting ``sections 23 and \n 25D''.\n (D) Section 26(a)(1) of such Code is amended by \n striking ``and 25B'' and inserting ``25B, and 25D''.\n (d) Effective Dates.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n expenditures made after the date of the enactment of this Act.\n (2) Extension.--The amendment made by subsection (a) shall \n apply to property placed in service after December 31, 2008.\n (3) Allowance against alternative minimum tax.--\n (A) In general.--The amendments made by subsection \n (c) shall apply to taxable years beginning after the \n date of the enactment of this Act.\n (B) Application of egtrra sunset.--The amendments \n made by subparagraphs (A) and (B) of subsection (c)(2) \n shall be subject to title IX of the Economic Growth and \n Tax Relief Reconciliation Act of 2001 in the same \n manner as the provisions of such Act to which such \n amendments relate.\n\nSEC. 3. EXTENSION AND MODIFICATION OF ENERGY CREDIT.\n\n (a) Extension of 30 Percent Credit for Solar Energy.--Subclause \n(II) of section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is \namended by striking ``January 1, 2009'' and inserting ``January 1, \n2017''.\n (b) Extension for Qualified Fuel Cells.--Subparagraph (E) of \nsection 48(c)(1) of such Code is amended by striking ``December 31, \n2008'' and inserting ``December 31, 2016''.\n (c) Public Electric Utility Property Taken Into Account.--\n (1) In general.--Paragraph (3) of section 48(a) of such \n Code is amended by striking the second sentence thereof.\n (2) Conforming amendment.--Paragraph (1) of section 48(c) \n of such Code, after amendment under subsection (b), is amended \n by striking subparagraph (D) and redesignating subparagraph (E) \n as subparagraph (D).\n (3) Effective date.--The amendments made by this subsection \n shall apply to periods after June 20, 2007, in taxable years \n ending after such date, under rules similar to the rules of \n section 48(m) of the Internal Revenue Code of 1986 (as in \n effect on the day before the date of the enactment of the \n Revenue Reconciliation Act of 1990).\n\nSEC. 4. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.\n\n Subsection (g) of section 25C of the Internal Revenue Code of 1986 \nis amended by striking ``December 31, 2007'' and inserting ``December \n31, 2015''.\n\nSEC. 5. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR \n APPLIANCES PRODUCED AFTER 2007.\n\n (a) In General.--Subsection (b) of section 45M of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(b) Applicable Amount.--For purposes of subsection (a)--\n ``(1) Dishwashers.--The applicable amount is--\n ``(A) $45 in the case of a dishwasher which is \n manufactured in calendar year 2008 or 2009 and which \n uses no more than 324 kilowatt hours per year and 5.8 \n gallons per cycle, and\n ``(B) $75 in the case of a dishwasher which is \n manufactured in calendar year 2008, 2009, or 2010 and \n which uses no more than 307 kilowatt hours per year and \n 5.0 gallons per cycle (5.5 gallons per cycle for \n dishwashers designed for greater than 12 place \n settings).\n ``(2) Clothes washers.--The applicable amount is--\n ``(A) $75 in the case of a residential top-loading \n clothes washer manufactured in calendar year 2008 which \n meets or exceeds a 1.72 modified energy factor and does \n not exceed a 8.0 water consumption factor,\n ``(B) $125 in the case of a residential top-loading \n clothes washer manufactured in calendar year 2008 or \n 2009 which meets or exceeds a 1.8 modified energy \n factor and does not exceed a 7.5 water consumption \n factor,\n ``(C) $150 in the case of a residential or \n commercial clothes washer manufactured in calendar year \n 2008, 2009 or 2010 which meets or exceeds 2.0 modified \n energy factor and does not exceed a 6.0 water \n consumption factor, and\n ``(D) $250 in the case of a residential or \n commercial clothes washer manufactured in calendar year \n 2008, 2009, or 2010 which meets or exceeds 2.2 modified \n energy factor and does not exceed a 4.5 water \n consumption factor.\n ``(3) Refrigerators.--The applicable amount is--\n ``(A) $50 in the case of a refrigerator which is \n manufactured in calendar year 2008, and consumes at \n least 20 percent but not more than 22.9 percent less \n kilowatt hours per year than the 2001 energy \n conservation standards,\n ``(B) $75 in the case of a refrigerator which is \n manufactured in calendar year 2008 or 2009, and \n consumes at least 23 percent but no more than 24.9 \n percent less kilowatt hours per year than the 2001 \n energy conservation standards,\n ``(C) $100 in the case of a refrigerator which is \n manufactured in calendar year 2008, 2009 or 2010, and \n consumes at least 25 percent but not more than 29.9 \n percent less kilowatt hours per year than the 2001 \n energy conservation standards, and\n ``(D) $200 in the case of a refrigerator \n manufactured in calendar year 2008, 2009 or 2010 and \n which consumes at least 30 percent less energy than the \n 2001 energy conservation standards.\n ``(4) Dehumidifiers.--The applicable amount is--\n ``(A) $15 in the case of a dehumidifier \n manufactured in calendar year 2008 that has a capacity \n less than or equal to 45 pints per day and is 7.5 \n percent more efficient than the applicable Department \n of Energy energy conservation standard effective \n October 2012, and\n ``(B) $25 in the case of a dehumidifier \n manufactured in calendar year 2008 that has a capacity \n greater than 45 pints per day and is 7.5 percent more \n efficient than the applicable Department of Energy \n energy conservation standard effective October 2012.''.\n (b) Eligible Production.--\n (1) Similar treatment for all appliances.--Subsection (c) \n of section 45M of such Code is amended--\n (A) by striking paragraph (2),\n (B) by striking ``(1) In general'' and all that \n follows through ``the eligible'' and inserting ``The \n eligible'', and\n (C) by moving the text of such subsection in line \n with the subsection heading and redesignating \n subparagraphs (A) and (B) as paragraphs (1) and (2), \n respectively.\n (2) Modification of base period.--Paragraph (2) of section \n 45M(c) of such Code, as amended by paragraph (1) of this \n section, is amended by striking ``3-calendar year'' and \n inserting ``2-calendar year''.\n (c) Types of Energy Efficient Appliances.--Subsection (d) of \nsection 45M of such Code is amended to read as follows:\n ``(d) Types of Energy Efficient Appliance.--For purposes of this \nsection, the types of energy efficient appliances are--\n ``(1) dishwashers described in subsection (b)(1),\n ``(2) clothes washers described in subsection (b)(2),\n ``(3) refrigerators described in subsection (b)(3), and\n ``(4) dehumidifiers described in subsection (b)(4).''.\n (d) Aggregate Credit Amount Allowed.--\n (1) Increase in limit.--Paragraph (1) of section 45M(e) of \n such Code is amended to read as follows:\n ``(1) Aggregate credit amount allowed.--The aggregate \n amount of credit allowed under subsection (a) with respect to a \n taxpayer for any taxable year shall not exceed $75,000,000 \n reduced by the amount of the credit allowed under subsection \n (a) to the taxpayer (or any predecessor) for all prior taxable \n years beginning after December 31, 2007.''.\n (2) Exception for certain refrigerator and clothes \n washers.--Paragraph (2) of section 45M(e) of such Code is \n amended to read as follows:\n ``(2) Amount allowed for certain refrigerators and clothes \n washers.--Refrigerators described in subsection (b)(3)(D) and \n clothes washers described in subsection (b)(2)(D) shall not be \n taken into account under paragraph (1).''.\n (e) Qualified Energy Efficient Appliances.--\n (1) In general.--Paragraph (1) of section 45M(f) of such \n Code is amended to read as follows:\n ``(1) Qualified energy efficient appliance.--The term \n `qualified energy efficient appliance' means--\n ``(A) any dishwasher described in subsection \n (b)(1),\n ``(B) any clothes washer described in subsection \n (b)(2),\n ``(C) any refrigerator described in subsection \n (b)(3), and\n ``(D) any dehumidifier described in subsection \n (b)(4).''.\n (2) Clothes washer.--Section 45M(f)(3) of such Code is \n amended by inserting ``commercial'' before ``residential'' the \n second place it appears.\n (3) Top-loading clothes washer.--Subsection (f) of section \n 45M of such Code is amended by redesignating paragraphs (4), \n (5), (6), and (7) as paragraphs (5), (6), (7), and (8), \n respectively, and by inserting after paragraph (3) the \n following new paragraph:\n ``(4) Top-loading clothes washer.--The term ``top-loading \n clothes washer'' means a clothes washer which has the clothes \n container compartment access located on the top of the machine \n and which operates on a vertical axis.''.\n (4) Dehumidifier.--Subsection (f) of section 45M of such \n Code, as amended by paragraph (3), is amended by redesignating \n paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), \n respectively, and by inserting after paragraph (5) the \n following new paragraph:\n ``(6) Dehumidifier.--The term `dehumidifier' means a self-\n contained, electrically operated, and mechanically refrigerated \n encased assembly consisting of--\n ``(A) a refrigerated surface that condenses \n moisture from the atmosphere,\n ``(B) a refrigerating system, including an electric \n motor,\n ``(C) an air-circulating fan, and\n ``(D) means for collecting or disposing of \n condensate.''.\n (5) Replacement of energy factor.--Section 45M(f)(7) of \n such Code, as amended by paragraph (4), is amended to read as \n follows:\n ``(7) Modified energy factor.--The term `modified energy \n factor' means the modified energy factor established by the \n Department of Energy for compliance with the Federal energy \n conservation standard.''.\n (6) Gallons per cycle; water consumption factor.--Section \n 45M(f) of such Code is amended by adding at the end the \n following:\n ``(10) Gallons per cycle.--The term `gallons per cycle' \n means, with respect to a dishwasher, the amount of water, \n expressed in gallons, required to complete a normal cycle of a \n dishwasher.\n ``(11) Water consumption factor.--The term `water \n consumption factor' means, with respect to a clothes washer, \n the quotient of the total weighted per-cycle water consumption \n divided by the cubic foot (or liter) capacity of the clothes \n washer.''.\n (f) Effective Date.--The amendments made by this section shall \napply to appliances produced after December 31, 2007.","summary":"Renewable Energy Assistance Act of 2007 - Amends the Internal Revenue Code to: (1) eliminate the dollar limitation on the tax credit for residential energy efficiency property expenditures and extend such credit through 2016. (2) extend through 2016 the energy tax credit for solar energy and qualified fuel cell property. (3) allow public electric utility property to qualify for the energy tax credit. (4) extend through 2015 the tax credit for nonbusiness energy property. And (5) modify energy efficient appliance tax credit amounts for appliances produced after 2007.","title":"To amend the Internal Revenue Code of 1986 to increase and extend certain renewable energy and energy efficiency incentives.","text_len":16778,"sum_len":572} {"bill_id":"111_hr5412","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Asset Investment and \nModernization (AIM) Act of 2010''.\n\nSEC. 2. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.\n\n Section 502(2)(A) of the Small Business Investment Act of 1958 (15 \nU.S.C. 696(2)(A)) is amended--\n (1) in clause (i), by striking ``$1,500,000'' and inserting \n ``$5,000,000'';\n (2) in clause (ii), by striking ``$2,000,000'' and \n inserting ``$5,000,000'';\n (3) in clause (iii), by striking ``$4,000,000'' and \n inserting ``$5,500,000'';\n (4) in clause (iv), by striking ``$4,000,000'' and \n inserting ``$5,500,000''; and\n (5) in clause (v), by striking ``$4,000,000'' and inserting \n ``$5,500,000''.\n\nSEC. 3. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS \n LOAN PROGRAM.\n\n Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. \n696) is amended by adding at the end the following:\n ``(8) Temporary authority for debt refinancing of \n commercial real estate.--\n ``(A) In general.--During the period beginning on \n the date of enactment of this paragraph and ending on \n September 30, 2012, notwithstanding paragraph (7), the \n Administrator may approve, for financing under this \n title, the refinancing of indebtedness that is secured \n by a lien on commercial real estate or equipment of a \n small business concern under such terms and conditions \n as the Administrator determines appropriate, except at \n a minimum such terms and conditions shall include the \n following:\n ``(i) The existing indebtedness is maturing \n not more than one year after the loan approval \n date.\n ``(ii) The proceeds of the existing \n indebtedness were used to acquire land, \n including a building situated thereon, to \n construct a building thereon, or to purchase \n equipment.\n ``(iii) The small business concern has been \n current on all payments due on the existing \n indebtedness for a period beginning on a date \n that is not less than 1 year before the date of \n refinancing and ending on the date of \n refinancing.\n ``(iv) At the time of refinancing, the lien \n shall be assigned or released in a manner that \n ensures that the financing under this title is \n in the same lien position as the existing \n indebtedness.\n ``(v) The existing indebtedness was \n incurred for the benefit of the small business \n concern.\n ``(vi) The financing under this title will \n be used only for refinancing existing \n indebtedness or costs relating to such \n refinancing.\n ``(vii) The amount being refinanced may not \n exceed 90 percent of the appraised value of the \n commercial real estate or equipment on the date \n of refinancing or 100 percent of the \n outstanding principal amount of the existing \n indebtedness, whichever is less, plus allowable \n closing costs as determined by the \n Administrator.\n ``(viii) Notwithstanding any other \n provision of this title, for a refinancing \n under this paragraph--\n ``(I) not less than 50 percent of \n the appraised value of the commercial \n real estate or equipment on the date of \n refinancing shall come from the \n institutions described in subclauses \n (I), (II) or (III) of paragraph \n (3)(B)(i): Provided, That if the \n indebtedness being refinanced pursuant \n to this paragraph is held by such an \n institution, or an affiliate thereof, \n that is providing funds for the \n refinancing, the institution shall \n contribute not less than 70 percent of \n such appraised value of the commercial \n real estate or equipment; and\n ``(II) the remaining funds needed \n for the refinancing (including closing \n costs) shall come from the development \n company.\n ``(ix) In addition to the other fees \n imposed under this title, the Administrator \n shall assess, collect, and retain such annual \n fees in amounts necessary to reduce to zero the \n cost (as that term is defined in section 502 of \n the Federal Credit Reform Act of 1990) to the \n Administrator of making guarantees under the \n authority of section 503(a) with respect to \n refinancings under this paragraph.\n ``(x) The temporary fee elimination \n authorized under section 501(b) of the American \n Recovery and Reinvestment Act of 2009, Public \n Law 111-5, shall not apply to any refinancing \n made under this paragraph.\n ``(xi) No fee reduction or elimination \n applicable to loans under this title shall \n apply to loans under this paragraph.\n ``(xii) No portion of the indebtedness may \n be subject to a guarantee by a Federal agency.\n ``(xiii) The development company may charge \n the small business concern a processing fee of \n up to 50 basis points more than the amount that \n the Administrator authorizes under section \n 120.971(a)(1) of title 13, Code of Federal \n Regulations, as in effect on January 1, 2010.\n ``(B) Total amount of loans.--The Administrator may \n provide not more than a total of $7,500,000,000 of \n financing under this paragraph for each fiscal year.\n ``(C) Nondelegation.--Notwithstanding section \n 508(e) of this title, the Administrator may not permit \n a premier certified lender to approve or disapprove an \n application for assistance under this paragraph.\n ``(D) Term appointments.--\n ``(i) To carry out the authority under this \n paragraph, the Administrator may authorize term \n appointments within the Administration under \n subchapter I of chapter 33 of title 5, United \n States Code, for a period of not less than 1 \n year and not more than 6 years.\n ``(ii) Notwithstanding chapter 33 of title \n 5, United States Code, or any other provision \n of law relating to the examination, \n certification, and appointment of individuals \n in the competitive service, the Administrator \n may convert an employee serving under a term \n appointment to a permanent appointment in the \n competitive service within the Administration \n without further competition if--\n ``(I) such individual was appointed \n under open, competitive examination \n under subchapter I of chapter 33 of \n title 5, United States Code, to the \n term position;\n ``(II) the announcement for the \n term appointment from which the \n conversion is made stated that there \n was potential for subsequent conversion \n to a career-conditional or career \n appointment;\n ``(III) the employee has completed \n at least 2 years of current continuous \n service under a term appointment in the \n competitive service;\n ``(IV) the employee's performance \n under such term appointment was at \n least fully successful or equivalent; \n and\n ``(V) the position to which such \n employee is being converted under this \n section is in the same occupational \n series, is in the same geographic \n location, and provides no greater \n promotion potential than the term \n position for which the competitive \n examination was conducted.\n ``(iii) Notwithstanding chapter 33 of title \n 5, United States Code, or any other provision \n of law relating to the examination, \n certification, and appointment of individuals \n in the competitive service, the Administrator \n may convert an employee serving under a term \n appointment to a permanent appointment in the \n competitive service within the Administration \n through internal competitive promotion \n procedures if the conditions under subclauses \n (I) through (IV) of subparagraph (D)(ii) are \n met.\n ``(iv) An employee converted under this \n subparagraph becomes a career-conditional \n employee, unless the employee has otherwise \n completed the service requirements for career \n tenure.\n ``(v) An employee converted to career or \n career-conditional employment under this \n subparagraph acquires competitive status upon \n conversion.\n ``(E) Elimination of pension offset for certain \n rehired federal retirees.--\n ``(i) In general.--To carry out the \n authority under this paragraph, the \n Administrator may waive the application of \n section 8344 or 8468 of title 5, United States \n Code, on a case-by-case basis for employment of \n an annuitant.\n ``(ii) Procedures.--The Administrator shall \n prescribe procedures for the exercise of \n authority under this subparagraph, including--\n ``(I) criteria for any exercise of \n authority; and\n ``(II) procedures for a delegation \n of authority.\n ``(iii) Effect of waiver.--An employee as \n to whom a waiver under this subparagraph is in \n effect shall not be considered an employee for \n purposes of subchapter III of chapter 83, or \n chapter 84, of title 5, United States Code.\n ``(F) Emergency rulemaking authority.--\n ``(i) The Administrator shall--\n ``(I) not later than 90 days after \n the date of enactment of the Small \n Business Asset Investment and \n Modernization (AIM) Act of 2010, \n without providing notice or opportunity \n for comment, issue interim regulations \n implementing this paragraph; and\n ``(II) not later than 180 days \n after the date of enactment of the \n Small Business Asset Investment and \n Modernization (AIM) Act of 2010, after \n providing notice and opportunity for \n comment, issue final regulations \n implementing this paragraph.\n ``(ii) The interim regulations issued under \n clause (i)(I) shall cease to be effective on \n the date that the Administrator issues final \n regulations under clause (i)(II).''.","summary":"Small Business Asset Investment and Modernization (AIM) Act of 2010 - Amends the Small Business Investment Act of 1958 concerning the 504 program to increase maximum program loan amounts. Authorizes the Administrator of the SBA, from the date of enactment of this Act through FY2012, to approve under such program the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business, under specified terms and conditions. Limits to $7.5 billion the total amount of such financing in a fiscal year. Authorizes the Administrator, in order to carry out such program, to make personnel appointments of at least one year and not more than six years. Allows the Administrator to eliminate the pension offset for the reemployment of retired federal employees for such purposes.","title":"To amend the Small Business Investment Act of 1958 to increase maximum loan amounts under the program in title V of that Act, to provide temporary authority for debt refinancing of commercial real estate, and for other purposes.","text_len":14379,"sum_len":818} {"bill_id":"109_hr2206","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterinary Workforce Expansion Act \nof 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Veterinary medicine is an integral and indispensable \n component of the Nation's public health system. Veterinarians \n protect human health by preventing and controlling infectious \n diseases, ensuring the safety and security of the nation's food \n supply, promoting healthy environments, and providing health \n care for animals.\n (2) Veterinarians are essential for early detection and \n response to unusual disease events that could be linked to \n newly emerging infectious diseases, such as monkeypox, SARS, \n and West Nile Virus, or other biothreat agents of concern.\n (3) There is a need to build national capacity in research \n and training in the prevention, surveillance, diagnosis, and \n control of newly emerging and re-emerging infectious diseases.\n (4) Veterinarians are uniquely qualified to address these \n high priority public health issues because of their extensive \n professional training in basic biomedical sciences, population \n medicine, and broad, multi-species, comparative medical \n approach to disease prevention and control.\n (5) There is a shortage of veterinarians working in public \n health practice. As used in the preceding sentence, the term \n ``public health practice'' includes bioterrorism and emergency \n preparedness, environmental health, food safety and food \n security, regulatory medicine, diagnostic laboratory medicine, \n and biomedical research.\n (6) The Bureau of Labor Statistics expects there to be \n 28,000 job openings in the veterinary medical profession by \n 2012 due to growth and net replacements, a turnover of nearly \n 38 percent.\n (7) The Nation's veterinary medical colleges do not have \n the capacity to satisfy the current and future demand for \n veterinarians and veterinary expertise that is vital to \n maintain public health preparedness.\n\nSEC. 3. COMPETITIVE GRANTS PROGRAM.\n\n Part E of title VII of the Public Health Service Act (42 U.S.C. \n294n et seq.) is amended by adding at the end the following:\n\n ``Subpart 3--Veterinary Medicine\n\n``SEC. 771. COMPETITIVE GRANT PROGRAM.\n\n ``(a) In General.--The Secretary shall award competitive grants to \neligible entities for the purpose of improving public health \npreparedness through increasing the number of veterinarians in the \nworkforce.\n ``(b) Eligible Entities.--To be eligible to receive a grant under \nsubsection (a), an entity shall--\n ``(1) be--\n ``(A) a public or other nonprofit school of \n veterinary medicine, department of comparative \n medicine, department of veterinary science, school of \n public health, or school of medicine that offers \n postgraduate training for veterinarians in a public \n health practice area as determined by the Secretary; \n and\n ``(B) accredited by a recognized body or bodies \n approved for such purpose by the Department of \n Education; and\n ``(2) prepare and submit to the Secretary an application, \n at such time, in such manner, and containing such information \n as the Secretary may require.\n ``(c) Consideration of Applications.--The Secretary shall establish \nprocedures to ensure that applications under subsection (b)(2) are \nrigorously reviewed and that grants are competitively awarded based \non--\n ``(1) the ability of the applicant to increase the number \n of veterinarians who are trained in specified public practice \n areas as determined by the Secretary;\n ``(2) the ability of the applicant to increase capacity in \n research on high priority disease agents; or\n ``(3) any other consideration the Secretary determines \n necessary.\n ``(d) Preference.--In awarding grants under subsection (a)(1), the \nSecretary shall give preference to applicants that demonstrate a \ncomprehensive approach by involving more than one school of veterinary \nmedicine, department of comparative medicine, department of veterinary \nscience, school of public health, or school of medicine that offers \npostgraduate training for veterinarians in a public health practice \narea as determined by the Secretary.\n ``(e) Use of Funds.--Amounts received under a grant under this \nsubsection shall be used by a grantee to increase the number of \nveterinarians in the workforce through--\n ``(1) paying the costs associated with construction, the \n acquisition of equipment, and other capital costs relating to \n the expansion of existing schools of veterinary medicine, \n departments of comparative medicine, or departments of \n veterinary science; or\n ``(2) paying the capital costs associated with the \n expansion of academic programs that offer postgraduate training \n for veterinarians or concurrent training for veterinary \n students in specific areas of specialization.\n ``(f) Definition.--In this section, the term `public health \npractice' includes bioterrorism and emergency preparedness, \nenvironmental health, food safety and food security, regulatory \nmedicine, diagnostic laboratory medicine, and biomedical research.\n ``(g) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n to carry out this section, $300,000,000 for fiscal year 2006, \n and $1,264,000,000 for the 9-fiscal year period beginning with \n fiscal year 2007. Amounts appropriated under this subsection \n shall remain available until expended.\n ``(2) Requirement.--Not more than 25 percent of the amount \n appropriated under paragraph (1) in each fiscal year shall be \n made available to schools of veterinary medicine that were \n established after the date of enactment of this section.''.","summary":"Veterinary Workforce Expansion Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to eligible entities to improve public health preparedness through increasing the number of veterinarians in the workforce. Defines eligible entities as accredited public or nonprofit schools of veterinary medicine, departments of comparative medicine, departments of veterinary science, schools of public health, or schools of medicine that offer training for veterinarians in a public health practice area. Requires the Secretary to give preference to applicants that demonstrate a comprehensive approach by involving more than one eligible entity. Allows grantees to use funds to: (1) pay the costs associated with construction, the acquisition of equipment, and other capital costs relating to the expansion of existing schools or departments. And (2) pay the capital costs associated with the expansion of academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization","title":"To amend the Public Health Service Act to establish a competitive grant program to build capacity in veterinary medical education and expand the workforce of veterinarians engaged in public health practice and biomedical research.","text_len":6320,"sum_len":1114} {"bill_id":"104_hr2081","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Revised Statutes 2477 Rights-of-Way \nSettlement Act''.\n\nSEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED UNDER \n REVISED STATUES SECTION 2477.\n\n (a) Notice of RS 2477 Right-of-Way.--Any State, political \nsubdivision thereof, or other holder of a right-of-way across public \nlands which was granted under section 2477 of the Revised Statutes \nbefore the enactment of the Federal Land Policy and Management Act of \n1976, or any person who uses or could use the right-of-way for passage \nacross such lands to access property in which such person has an \ninterest, may file with the appropriate Secretary of the Department \nconcerned (hereafter in this Act referred to as the ``Secretary'') a \nnotice of the right-of-way. The notice shall be filed within 10 years \nafter the date of the enactment of this Act, shall identify the State \nor political subdivision thereof through which the right-of-way passes, \nand shall contain a map and a general description of the route, \ntermini, and scope of the right-of-way.\n (b) Recognition of or Objection to Right-of-Way by the Secretary.--\n (1) In general.--Not later than two years after the date on \n which notice is filed with the Secretary under subsection (a), \n the Secretary shall notify the holder, or other party giving \n notice, of the recognition or objections of the Secretary of \n the right-of-way or any portion thereof. In considering any \n right-of-way notice filed under subsection (a), the Secretary \n shall recognize any right-of-way which was accepted or \n established in accordance with the laws of the State where the \n right-of-way is located or by an affirmative act of a State or \n political subdivision thereof indicating acceptance of the \n grant.\n (2) Recognition.--To the extent the Secretary accepts the \n right-of-way, the provisions of section 4 shall apply.\n (3) Objections.--If the Secretary objects to the right-of-\n way as presented under subsection (a), the Secretary shall \n specifically state the Secretary's objections to the existence, \n identity of the holder, route, or scope of the right-of-way, or \n portion thereof, and shall provide the factual and legal basis \n for each objection.\n (4) Effect of failure to object.--If the Secretary does not \n object within the two-year period required by this subsection, \n the right-of-way shall be deemed to be valid as it was \n presented to the Secretary under subsection (a).\n\nSEC. 3. JUDICIAL REVIEW.\n\n (a) Quiet Title Action Relating to Objections.--Not later than two \nyears after the date on which\n the Secretary notifies a holder under section 2(b) of objections to a \nright-of-way, or portion thereof, the Secretary may bring an action \nbased on those objections in a United States district court in which \nthe right-of-way or a portion thereof is located to challenge the \nvalidity of the right-of-way or portion thereof.\n (b) Burden of Proof.--In any action brought pursuant to subsection \n(a), the United States shall bear the burden of proof on all issues, \nincluding (but not limited to) proving that--\n (1) the right-of-way was not a public right-of-way;\n (2) the right-of-way was not accepted or established in \n accordance with the laws of the State where the right-of-way is \n located or by an affirmative act of a State or political \n subdivision thereof indicating acceptance of the grant;\n (3) the land on which the right-of-way is located was \n reserved for public use at the time of acceptance of the right-\n of-way; and\n (4) the scope of the right-of-way identified in the notice \n of right-of-way exceeds that permitted under State law.\n (c) Failure To Bring Action.--If the Secretary does not bring such \nan action within the two-year period required by this subsection, the \nright-of-way shall be deemed to be valid in the form presented under \nsection 2(a).\n (d) Standing.--Standing to challenge an action of the Secretary \nunder this Act relating to the existence, description, route, or scope \nof a right-of-way shall be limited to a party with a claim of a \nproperty interest in or to the right-of-way or in lands served thereby.\n\nSEC. 4. MANAGEMENT OF LANDS.\n\n A right-of-way accepted or deemed to be accepted under this Act is \nvalid. The Secretary shall record the right-of-way in the land records \nand on maps of the Secretary and shall manage the lands subject to the \nright-of-way accordingly.\n\nSEC. 5. MISCELLANEOUS PROVISIONS.\n\n (a) Quiet Title Action.--Nothing in this Act shall be construed to \nprevent the holder of a right-of-way described in section 2 from \nbringing an action at any time to quiet title with respect to such \nright-of-way under section 2409a of title 28, United States Code, nor \nshall any proceedings taken pursuant to this Act be deemed a \nprerequisite to filing any such action. Such action may be brought \nwithin the later of--\n (1) 12 years from the date of notice of objection from the \n Secretary under section 2(b)(1); or\n (2) the termination of the limitations period under section \n 2409a of title 28, United States Code.\n (b) Relinquishment Not Required.--Nothing in this Act shall be \nconstrued to require a relinquishment of a right-of-way granted under \nsection 2477 of the Revised Statutes. A failure to file the notice \nprovided for under section 2(a) does not constitute a relinquishment of \nany such right-of-way.\n (c) Application of State Law.--Nothing in this Act shall be \nconstrued to limit the application of State law in determining the \nvalidity of rights-of-way granted under section 2477 of the Revised \nStatutes. In every proceeding the law of the State where the right-of-\nway is located shall determine the scope of the right-of-way. The \npublished regulations of the Department of the Interior pertaining to \nsection 2477 of the Revised Statutes which were in effect until the \ndate of enactment of the Federal Land Policy and Management Act of 1976 \nshall be binding on the Secretary in all such proceedings.\n (d) NEPA.--The National Environmental Policy Act of 1969 shall not \napply with respect to actions taken to carry out this Act.\n (e) Road Closures.--The Secretary shall not close any right-of-way \ngranted under section 2477 of the Revised Statutes which was in use \nprior to October 21, 1976, until one year after providing notice to the \nState and any political subdivision thereof with jurisdiction over \nhighways in that location which describes the right-of-way and the \npurpose of the intended closure. In no event shall the Secretary close \nany such right-of-way if closure would leave any non-Federal lands \nadjoining the right-of-way without an established public or private \naccess.","summary":"Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision thereof, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, to file with the appropriate Secretary of the Department concerned a notice of the right-of-way. Directs the Secretary to notify the holder of the recognition or objections of the Secretary to the right-of-way or any portion thereof within two years or the right-of-way shall be deemed to be valid. Allows the Secretary to bring an action to challenge the validity of the right-of-way in a US district court within two years after notifying a holder of objections or the right-of-way shall be deemed to be valid. Permits a holder to bring an action to quiet title with respect to such a right-of-way within the later of: (1) 12 years from the date of notice of objection from the Secretary. Or (2) the termination of the limitations period applicable under the Federal judicial code. Prohibits the Secretary from closing any right-of-way in use before October 21, 1976: (1) until one year after providing notice to the appropriate State or subdivision. Or (2) if closure would leave any adjoining non-Federal lands without an established public or private access.","title":"Revised Statutes 2477 Rights-of-Way Settlement Act","text_len":7036,"sum_len":1499} {"bill_id":"111_s3181","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Motor Vehicle Owners Right to Repair \nAct of 2010''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Motor vehicle owners are entitled to choose which \n service provider will diagnose, service, maintain, or repair \n their motor vehicles.\n (2) Promoting competition in price and quality for the \n diagnosis of problems, service, maintenance, and repair of \n motor vehicles will benefit consumers.\n (3) Regular diagnosis, service, maintenance, and repair of \n motor vehicles, motor vehicle equipment, and motor vehicle \n systems, such as pollution control, transmission, antilock \n brakes, electronic and mechanical systems, heating, air-\n conditioning, and steering are essential to facilitating United \n States mobility, minimizing fuel consumption, protecting the \n environment, and enabling the highest possible levels of safety \n in modern motor vehicles.\n (4) Various kinds of computers have been integrated by \n manufacturers into motor vehicle equipment and motor vehicle \n systems. On-board computer technology controls virtually all of \n the motor vehicle's systems, and only service technicians with \n the necessary tools and information can access the computers to \n perform diagnosis, service, maintenance, and repair of the \n motor vehicle.\n (5) Manufacturers have provided their authorized dealers \n and service providers with the information, tools, codes, and \n replacement equipment necessary to diagnose problems and to \n service, maintain, and repair motor vehicles that incorporate \n computers in their motor vehicle systems.\n (6) Consumers in the United States have benefitted from the \n availability of a wide choice of service providers for their \n motor vehicles. The United States economy has also benefitted \n from the availability of a tools and parts supply aftermarket \n that provides jobs to more than 5,000,000 workers in \n approximately 495,000 businesses, and generates approximately \n $200,000,000,000 in annual sales.\n (7) New motor vehicles are being equipped with systems that \n permit such vehicles to transmit repair and diagnostic \n information wirelessly to the vehicle manufacturer and repair \n facilities. Car owners have the right to choose where and to \n whom information generated by their vehicle and vehicle \n computers is sent.\n (b) Purposes.--The purposes of this Act are--\n (1) to protect the rights of motor vehicle owners to choose \n a service provider for the diagnosis, service, maintenance, and \n repair of their motor vehicles;\n (2) to promote competition in price and quality among \n service providers; and\n (3) to promote safety and fuel efficiency by allowing \n consumers to choose among competing service providers.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Attorney general of a state.--The term ``attorney \n general of a State'' means the attorney general or other chief \n law enforcement officer of a State.\n (2) Commerce.--The term ``commerce'' has the meaning given \n that term in section 4 of the Federal Trade Commission Act (15 \n U.S.C. 44).\n (3) Consumer, motor vehicle owner.--The terms ``consumer'' \n and ``motor vehicle owner'' mean any person who owns, leases, \n or otherwise has the legal right to use and possess a motor \n vehicle, or the agent of such person.\n (4) Dealer, manufacturer, motor vehicle, motor vehicle \n equipment.--The terms ``dealer'', ``manufacturer'', ``motor \n vehicle'', and ``motor vehicle equipment'' have the meaning \n given those terms in section 30102(a) of title 49, United \n States Code.\n (5) Replacement equipment.--The term ``replacement \n equipment'' has the meaning given that term in section \n 30102(b)(1) of such title.\n (6) Service provider.--The term ``service provider'' means \n any person engaged in the diagnosis, service, maintenance, or \n repair of motor vehicles or motor vehicle engines.\n (7) Technical service bulletin.--The term ``technical \n service bulletin''--\n (A) means a communication sent to a dealer about \n the diagnosis, service, maintenance or repair of a \n motor vehicle or item of motor vehicle equipment; and\n (B) includes all communications sent to the \n Secretary of Transportation under subsections (f) and \n (m)(3)(A)(ii) of section 30166 of title 49, United \n States Code.\n\nSEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFACTURERS.\n\n (a) Duty To Disclose Information.--\n (1) In general.--The manufacturer of a motor vehicle sold, \n leased, or otherwise introduced into commerce in the United \n States shall provide to the owner of the motor vehicle and the \n service provider of the motor vehicle, using reasonable \n business means and on a non-discriminatory basis, all \n information to diagnose, service, maintain, or repair the motor \n vehicle.\n (2) Elements.--The information required under paragraph (1) \n with respect to a motor vehicle shall include the following:\n (A) Information about all safety alerts, recalls, \n service bulletins, and the adjustments needed to \n maintain the efficiency, safety, and convenience of the \n vehicle.\n (B) All information of any kind provided directly, \n indirectly, or wirelessly to new car dealers or any \n repair facility to diagnose, service, maintain, repair, \n activate, certify, or install any motor vehicle \n equipment (including replacement parts and equipment) \n in the motor vehicle.\n (b) Duty To Make Tools Available.--The manufacturer of a motor \nvehicle sold, leased, or otherwise introduced into commerce in the \nUnited States shall--\n (1) offer for sale to the owner of the motor vehicle and to \n all service providers on a reasonable and non-discriminatory \n basis, any tool for the diagnosis, service, maintenance, or \n repair of the motor vehicle; and\n (2) provide all information that enables aftermarket tool \n companies to manufacture tools with the same functional \n characteristics as those tools made available by the \n manufacturers to authorized dealers.\n (c) Replacement Equipment.--The manufacturer of a motor vehicle \nsold, leased, or otherwise introduced into commerce in the United \nStates shall offer for sale to the owner of the motor vehicle and to \nall service providers on reasonable and non-discriminatory terms, all \nequipment for diagnosis, service, maintenance, or repair of the motor \nvehicle.\n (d) Protection of Trade Secrets.--\n (1) In general.--Except as provided in paragraph (2), \n nothing in this section may be construed to require a \n manufacturer to disclose publicly information that, if made \n public, would divulge methods or processes entitled to \n protection as trade secrets.\n (2) Exception.--No information may be withheld by a \n manufacturer on the ground that it is a trade secret if that \n information is provided (directly or indirectly) to authorized \n dealers or service providers.\n\nSEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.\n\n (a) In General.--The Federal Trade Commission shall enforce the \nprovisions of this Act in the same manner, by the same means, and with \nthe same jurisdiction, powers, and duties as though all applicable \nterms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 \net seq.) were incorporated into and made part of this Act.\n (b) Unfair or Deceptive Acts or Practices.--\n (1) Violation of a duty.--Any failure to comply with the \n provisions of section 4 shall be treated as an unfair method of \n competition and an unfair or deceptive act or practice within \n the meaning of section 5(a)(1) of the Federal Trade Commission \n Act (15 U.S.C. 45(a)(1)).\n (2) Violation of a rule.--A violation of a rule prescribed \n under subsection (c) shall be treated as a violation of a rule \n defining an unfair or deceptive act or practice prescribed \n under section 18(a)(1)(B) of the Federal Trade Commission Act \n (15 U.S.C. 57a(a)(1)(B)).\n (c) Rulemaking.--\n (1) In general.--Except as provided in paragraph (2), the \n Federal Trade Commission may prescribe such rules as may be \n necessary to carry out the provisions of this Act.\n (2) Limitation.--The Federal Trade Commission may not \n prescribe rules under this subsection that--\n (A) interfere with the authority of the \n Administrator of the Environmental Protection Agency \n under section 202(m) of the Clean Air Act (42 U.S.C. \n 7521(m)) with regard to motor vehicle emissions control \n diagnostics systems; or\n (B) conflict with rules prescribed by the \n Administrator of the Environmental Protection Agency.\n\nSEC. 6. ACTION BY STATES.\n\n (a) In General.--In any case in which the attorney general of a \nState has reason to believe that an interest of the residents of the \nState has been or is threatened or adversely affected by the engagement \nof any person subject to a provision of section 4 or a rule prescribed \nunder section 5(c) in a practice that violates such provision or rule, \nthe State may, as parens patriae, bring a civil action on behalf of the \nresidents of the State in an appropriate district court of the United \nStates or other court of competent jurisdiction--\n (1) to enjoin that practice;\n (2) to enforce compliance with the provision or rule;\n (3) to obtain damages, restitution, or other compensation \n on behalf of residents of the State; or\n (4) to obtain such other relief as the court considers \n appropriate.\n (b) Rights of Federal Trade Commission.--\n (1) Notice to federal trade commission.--\n (A) In general.--Except as provided in subparagraph \n (C), the attorney general of a State shall notify the \n Federal Trade Commission in writing of any civil action \n under subsection (a), prior to initiating such civil \n action.\n (B) Contents.--The notice required by subparagraph \n (A) shall include a copy of the complaint to be filed \n to initiate such civil action.\n (C) Exception.--If it is not feasible for the \n attorney general of a State to provide the notice \n required by subparagraph (A), the State shall provide \n notice immediately upon instituting a civil action \n under subsection (a).\n (2) Intervention by federal trade commission.--\n (A) In general.--Upon receiving notice required by \n paragraph (1) with respect to a civil action, the \n Federal Trade Commission may--\n (i) intervene in such action; and\n (ii) upon intervening--\n (I) be heard on all matters arising \n in such civil action;\n (II) remove the action to the \n appropriate district court of the \n United States; and\n (III) file petitions for appeal of \n a decision in such action.\n (B) Continued participation of states.--If the \n Federal Trade Commission removes an action to the \n appropriate district court of the United States under \n subparagraph (A)(ii)(III), the State shall remain a \n party to the action in such court.\n (c) Investigatory Powers.--Nothing in this section may be construed \nto prevent the attorney general of a State from exercising the powers \nconferred on such attorney general by the laws of such State to conduct \ninvestigations or to administer oaths or affirmations or to compel the \nattendance of witnesses or the production of documentary and other \nevidence.\n (d) Preemptive Action by Federal Trade Commission.--If the Federal \nTrade Commission institutes a civil action or an administrative action \nto enforce a violation of a rule prescribed under section 5(c), no \nState may, during the pendency of such action, bring a civil action \nunder subsection (a) against any defendant named in the complaint of \nthe Commission for violation of a rule prescribed under section 5(c) \nthat is alleged in such complaint.\n (e) Actions by Other State Officials.--\n (1) In general.--In addition to actions brought by an \n attorney general of a State under subsection (a), an action may \n be brought by officers of a State who are so authorized.\n (2) Savings provision.--Nothing contained in this section \n may be construed to prohibit an authorized official of a State \n from proceeding in a court of such State on the basis of an \n alleged violation of any civil or criminal statute of such \n State.\n\nSEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS.\n\n In any case in which a consumer or service provider has reason to \nbelieve that an interest of the consumer or service provider is \nthreatened or adversely affected by the engagement of any person \nsubject to a provision of section 4 or a rule prescribed under section \n5(c) in a practice that violates such provision or rule, the consumer \nor service provider may bring a civil action in an appropriate district \ncourt of the United States or other court of competent jurisdiction--\n (1) to enjoin the practice;\n (2) to enforce compliance with the provision or rule;\n (3) to obtain damages or restitution, including court costs \n and reasonable attorney and expert witness fees; or\n (4) to obtain such other relief as the court considers \n appropriate.\n\nSEC. 8. TECHNICAL SERVICE BULLETINS.\n\n The Federal Trade Commission shall cooperate with the Secretary of \nTransportation in preparing a technical service bulletin that the \nSecretary intends to publish on an Internet Web site of the Federal \nGovernment.","summary":"Motor Vehicle Owners Right to Repair Act of 2010 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States to provide to the owner of the motor vehicle and the service provider of the motor vehicle, using reasonable business means and on a non-discriminatory basis, all information and tools needed to diagnose, service, maintain, or repair the motor vehicle. Provides for enforcement by the Federal Trade Commission (FTC). Permits civil actions by: (1) states on behalf of the state's residents. And (2) consumers and service providers. Provides for the protection of trade secrets, except that no information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided to authorized dealers or service providers.","title":"A bill to protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes.","text_len":15169,"sum_len":822} {"bill_id":"110_hr3653","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Human Rights Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) There is currently not a democratic government in Iran. \n Instead, Iran is an ideological dictatorship presided over by \n an unelected Supreme Leader with limitless veto power, an \n unelected Expediency Council, and a Council of Guardians \n capable of eviscerating any reforms.\n (2) The Supreme Leader appoints the heads of the judiciary, \n the clergy members on the powerful Council of Guardians, the \n commanders of all the armed forces, Friday prayer leaders, and \n the head of radio and television and confirms the president's \n election, rendering him the most powerful person in Iranian \n politics with little accountability within the political \n system.\n (3) Members of the Council of Guardians in Iran, who are \n chosen by the Supreme Leader, must vet all candidates for \n election based on their political predispositions and all \n legislation before it can be entered into law.\n (4) There has been a re-entrenchment of revolutionary \n forces in the political system in Iran. Elections held in \n February 2004 resulted in significant gains by conservative \n hard-liners affiliated with the regime's clerical army, the \n Pasdaran, culminating in the election of President Mahmoud \n Ahmadinejad in June 2005.\n (5) Over the past decade, human rights have been in steady \n decline in Iran. Torture, executions after unfair trials, and \n censorship of all media remain rampant throughout the country. \n Stoning, amputation, flogging, and beheading are used as \n methods of punishment.\n (6) Since his rise to power, President Ahmadinejad has \n embarked upon a concerted campaign of domestic repression, \n including new restrictions on radio, television, and film \n content, a ban on the publication of virtually all books, and \n an expansion in the activities of the regime's ``morals \n police''.\n (7) The United Nations General Assembly adopted Resolution \n 61\/176 on December 19, 2006, to express its grave concern over \n the deteriorating human rights situation in Iran. The \n resolution urges the Government of Iran ``to ensure full \n respect for the rights to freedom of assembly, opinion and \n expression ... to eliminate the use of torture and other cruel, \n inhuman or degrading treatment or punishment ... [and] to \n eliminate, in law and in practice, all forms of discrimination \n based on religion, ethnicity, or linguistic grounds.\n (8) The 2006 State Department Country Reports on Human \n Rights Practices states that ``the Government's poor human \n rights record worsened, and it continued to commit numerous, \n serious abuses''.\n (9) According to Human Rights Watch's World Report 2006, \n many of the human rights violations committed in Iran were \n performed by quasi-official ``parallel institutions'', which \n include ``paramilitary groups and plainclothes intelligence \n agents [that] violently attack peaceful protesters, and \n intelligence services [that] run illegal secret prisons and \n interrogation centers''. Uniformed police officers are fearful \n of challenging plainclothes agents, who belong to groups such \n as Ansar-e Hizbollah and Basij.\n (10) According to the 2006 State Department International \n Religious Freedom Report, the population of Iran is 89 percent \n Shi'a Muslim and 8 percent Sunni Muslim; less than 2 percent of \n the remaining population is comprised of Baha'is, Jews, \n Christians, Mandaeans, and Zoroastrians.\n (11) Religious minorities in Iran face significant \n discrimination, including imprisonment, harassment, and \n intimidation. Accordingly, the Secretary of State has, since \n 1999, designated Iran as a country of particular concern \n pursuant to section 402(b)(1)(A) of the International Religious \n Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)).\n (12) Ambeyi Ligabo, United Nations Special Rapporteur on \n the Right to Freedom of Opinion and Expression, submitted a \n report to the Commission on Human Rights in 2004 on ``Civil and \n Political Rights, Including the Question of Freedom of \n Expression''. Mr. Ligabo asserted that ``the climate of fear \n induced by the systematic repression of people expressing \n critical views against the authorized political and religious \n doctrine and the functioning of the institutions coupled with \n the severe and disproportionate sentences imposed lead to self-\n censorship on the part of many journalists, intellectuals, \n politicians, students and the population at large, thus in \n effect impeding freedom of expression''.\n (13) According to the 2006 State Department Country Reports \n on Human Rights Practices, on July 31, 2006, student protestor \n Akbar Mohammadi died in Evin Prison from medical complications \n related to a hunger strike. The report states that \n ``authorities reportedly denied Mohammadi's parents permission \n to see their son's body and did not respond to calls for an \n independent investigation into the cause of death.\n (14) Amnesty International's 2003 Report on Iran detailed \n the arrest of Iranian-born Canadian journalist Zahra Kazemi for \n taking photographs outside Evin prison in Tehran on June 23, \n 2003. Over the course of her detention, judicial officials \n interrogated Ms. Kazemi for three days. While in custody, Ms. \n Kazemi was beaten, and she died of a brain hemorrhage on July \n 23, 2003. Despite court orders for investigation, no progress \n has been made on this case.\n (15) Men and women are not equal under the laws of Iran, \n and women are legally deprived of their basic rights. The 2006 \n State Department Country Reports on Human Rights Practices \n stated that the weight of a woman's court testimony in Iran is \n half that of a man's testimony and the family of a female crime \n victim in that country receives only half the amount of ``blood \n money'' provided to the family of a male crime victim. The \n Government of Iran mandates gender segregation in most public \n spaces, including on public buses and at entrances to public \n buildings, universities, and airports.\n (16) The April 30, 2007, State Department Country Reports \n on Terrorism states that Iran remains the most active state \n sponsor of terrorism.\n (17) There exists a broad-based movement and desire for \n political change in the Islamic Republic of Iran that is pro-\n democratic and seeks freedom and economic opportunity, and \n which represents all sectors of Iranian society, including \n youth, women, students, military personnel, and religious \n figures.\n (18) The people of Iran have increasingly expressed \n frustration at the slow pace of reform in Iran, and any efforts \n for nonviolent change in their society have been suppressed.\n (19) On September 7, 2006, Mohammad Khatami, President of \n Iran from 1997 to 2005, became the highest ranking Iranian to \n visit Washington, DC, since the hostage crisis of 1979, despite \n his government's state sponsorship of terrorism, repression of \n political opponents, and dismal human rights record and the \n advancement of Iran's uranium enrichment program.\n (20) President Ahmadinejad is moving to limit freedom of \n expression in higher education. On September 5, 2006, he \n expressed concern that universities were too secular and called \n for a purge of liberal and secular faculty members from \n universities in Iran.\n\nSEC. 3. AMENDMENTS TO THE IRAN FREEDOM SUPPORT ACT.\n\n (a) Foreign Policy Priorities.--Section 301(a) of the Iran Freedom \nSupport Act (Public Law 109-293; 22 U.S.C. 2151 note) is amended--\n (1) in paragraph (1), by striking ``and'' at the end;\n (2) in paragraph (2), by striking ``in Iran.'' and \n inserting ``inside and outside Iran that maintain \n internationally recognized human rights standards, including \n those provided for in the Universal Declaration of Human Rights \n and the Helsinki Commitments;''; and\n (3) by adding at the end the following:\n ``(3) to make the deplorable human rights record of the \n Government of Iran a top concern and priority of United States \n foreign policy; and\n ``(4) to keep the deplorable human rights record of Iran a \n top priority, irrespective of ongoing nuclear issues.''.\n (b) Support for Democracy and Human Rights in Iran.--Section 302 of \nsuch Act is amended--\n (1) by amending the section header to read as follows: \n ``support for democracy and human rights in iran''; and\n (2) by redesignating subsections (a) through (g) as \n subsections (b) through (h), respectively;\n (3) in subsection (d), as redesignated--\n (A) by inserting ``, acting through the Special \n Envoy,'' after ``The President''; and\n (B) in paragraph (2), by striking ``(g)'' and \n inserting ``(h)''; and\n (4) by inserting before subsection (b) the following:\n ``(a) Special Envoy on Human Rights in Iran.--\n ``(1) Appointment of special envoy.--The President shall \n appoint a special envoy for human rights in Iran within the \n Department of State (in this section referred to as the \n `Special Envoy'). The Special Envoy should--\n ``(A) be a person of recognized distinction in the \n field of human rights;\n ``(B) not be an incumbent official of the \n Department of State; and\n ``(C) report directly to the Secretary of State.\n ``(2) Duties.--\n ``(A) In general.--The Special Envoy shall \n coordinate and promote efforts to improve respect for \n the fundamental human rights of the people of Iran and \n work with organizations committed to promoting \n democracy in Iran.\n ``(B) Specific duties.--The Special Envoy shall--\n ``(i) support and promote international \n efforts to promote human rights and political \n freedoms in Iran, including coordination \n between the United States and the United \n Nations, the European Union, the Organization \n for Security and Cooperation in Europe, and \n countries in the region;\n ``(ii) establish the regional framework \n described in section 304;\n ``(iii) coordinate with appropriate offices \n of the Department of State, the Department of \n Defense, the National Security Council, and \n such other agencies as may be necessary to \n coordinate the establishment and operation of \n the regional framework;\n ``(iv) serve as point of contact for \n opposition groups, diaspora groups, and \n nongovernmental organizations interested in \n advocating democracy and human rights in Iran;\n ``(v) coordinate efforts with appropriate \n departments and agencies of the Federal \n Government, international organizations, \n nongovernmental organizations, and individuals \n and organizations from the Iranian diaspora to \n acquire greater information and reporting on \n conditions in Iran;\n ``(vi) oversee funding for, and providing \n consultative authority with respect to, public \n and private broadcasting into Iran; and\n ``(vii) review strategies for improving the \n protection of human rights in Iran, including \n technical training and exchange programs.\n ``(3) Report on activities.--Not later than 180 days after \n the date of the enactment of the Iran Human Rights Act of 2007, \n and annually thereafter for each of the following 5 years, the \n Special Envoy shall submit a report on the activities \n undertaken under paragraph (2) during the preceding 12 months \n to--\n ``(A) the Committee on Foreign Relations of the \n Senate;\n ``(B) the Committee on Appropriations of the \n Senate;\n ``(C) the Committee on Foreign Affairs of the House \n of Representatives; and\n ``(D) the Committee on Appropriations of the House \n of Representatives.''.\n (c) Sense of Congress.--Title III of such Act is amended by adding \nat the end the following:\n\n``SEC. 303. SENSE OF CONGRESS ON THE IMPORTANCE OF HUMAN RIGHTS IN \n IRAN.\n\n ``It is the sense of Congress that--\n ``(1) there is a direct relationship between the state of \n freedom and democracy within Iran and the efforts of the \n current regime of Iran to acquire nuclear weapons and the long-\n term success of the global war on terror; and\n ``(2) it is essential that the issue of human rights \n violations in Iran should remain a top United States foreign \n policy priority, independent of efforts to address the nuclear \n threat in Iran.\n\n``SEC. 304. ESTABLISHMENT OF REGIONAL FRAMEWORK.\n\n ``(a) Finding.--Congress finds that human rights initiatives can be \nundertaken on a multilateral basis, as demonstrated by the Organization \nfor Security and Cooperation in Europe, which established a regional \nframework for discussing human rights, scientific and educational \ncooperation, and economic and trade issues.\n ``(b) Sense of Congress.--It is the sense of Congress that the \nUnited States Government should explore the possibility of a regional \nhuman rights dialogue on Iran that is modeled on the Helsinki process \nestablished by the Organization for Security and Cooperation in Europe, \nengaging all countries in the region in a common commitment to respect \nhuman rights and fundamental freedoms.\n\n``SEC. 305. SENSE OF CONGRESS ON THE ROLE OF THE UNITED NATIONS.\n\n ``It is the sense of Congress that the United Nations has a \nsignificant role to play in promoting and improving human rights in \nIran, and that--\n ``(1) the United Nations General Assembly has taken \n positive steps by adopting Resolution 61\/176, which expresses \n its grave concern over the deteriorating human rights situation \n in Iran;\n ``(2) the severe human rights violations in Iran warrant \n country-specific attention and reporting by the United Nations \n Working Group on Arbitrary Detention, the United Nations \n Working Group on Enforced and Involuntary Disappearances, the \n Special Rapporteur on Extrajudicial, Summary, or Arbitrary \n Executions, the Special Rapporteur on the Promotion and \n Protection of the Right to Freedom of Opinion and Expression, \n the Special Rapporteur on Freedom of Religion or Belief, and \n the Special Rapporteur on Violence Against Women;\n ``(3) United Nations member states should not support Iran \n as a member of the United Nations Human Rights Council until \n the Government of Iran has made significant progress in its \n human rights record, including the adherence to the Universal \n Declaration on Human Rights; and\n ``(4) the Special Envoy should work with the United Nations \n to compile accurate statistical data on social and political \n conditions inside Iran.\n\n``SEC. 306. SENSE OF CONGRESS ON VISA POLICY.\n\n ``It is the sense of Congress that the commitment to human rights \nand democracy of a national of Iran who has applied for a visa to enter \nthe United States should be considered when determining the eligibility \nof such national for the visa.''.","summary":"Iran Human Rights Act of 2007 - Amends the Iran Freedom Support Act to direct the President to appoint a special envoy for human rights in Iran within the Department of State to coordinate efforts to improve respect for the fundamental human rights of the people of Iran and work with organizations committed to promoting democracy in Iran. Expresses the sense of Congress that: (1) there is a direct relationship between the state of freedom and democracy within Iran and the efforts of the Iranian regime to acquire nuclear weapons and the long-term success of the global war on terror. (2) it is essential that the issue of human rights violations in Iran should remain a top US foreign policy priority independent of efforts to address the nuclear threat in Iran. (3) the US government should explore the possibility of a regional human rights dialogue with Iran. (4) the United Nations has a significant role to play in improving human rights in Iran. And (5) the commitment to human rights and democracy of an Iranian national who has applied for a US entry visa should be considered when determining visa eligibility.","title":"To hold the current regime in Iran accountable for its human rights record and to support a transition to democracy in Iran.","text_len":17199,"sum_len":1124} {"bill_id":"106_s2875","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Magistrate Judge Improvement Act of \n2000''.\n\nSEC. 2. MAGISTRATE JUDGE CONTEMPT AUTHORITY.\n\n Section 636(e) of title 28, United States Code is amended to read \nas follows:\n ``(e) Magistrate Judge Contempt Authority.--\n ``(1) In general.--A United States magistrate judge serving \n under this chapter shall have within the territorial \n jurisdiction prescribed by his or her appointment the power to \n exercise contempt authority as set forth in this subsection.\n ``(2) Summary criminal contempt authority.--A magistrate \n judge shall have the power to punish summarily by fine or \n imprisonment such contempt of the authority of that magistrate \n judge constituting misbehavior of any person in the presence of \n the magistrate judge so as to obstruct the administration of \n justice. The order of contempt shall be issued pursuant to \n Federal Rules of Criminal Procedure.\n ``(3) Additional criminal contempt authority in civil \n consent and misdemeanor cases.--In any case in which a United \n States magistrate judge presides with the consent of the \n parties under subsection (c) of this section, and in any \n misdemeanor case proceeding before a magistrate judge under \n section 3401 of title 18, the magistrate judge shall have the \n power to punish by fine or imprisonment such criminal contempt \n constituting disobedience or resistance to the lawful writ, \n process, order, rule, decree, or command of the magistrate \n judge. Disposition of such contempt shall be conducted upon \n notice and hearing pursuant to the Federal Rules of Criminal \n Procedure.\n ``(4) Civil contempt authority in civil consent and \n misdemeanor cases.--In any case in which a United States \n magistrate judge presides with the consent of the parties under \n subsection (c) of this section, and in any misdemeanor case \n proceeding before a magistrate judge under section 3401 of \n title 18, the magistrate judge may exercise the civil contempt \n authority of the district court. This paragraph shall not be \n construed to limit the authority of a magistrate judge to order \n sanctions pursuant to any other statute, the Federal Rules of \n Civil Procedure, or the Federal Rules of Criminal Procedure.\n ``(5) Criminal contempt penalties.--The sentence imposed by \n a magistrate judge for any criminal contempt set forth in \n paragraphs (2) and (3) of this subsection shall not exceed the \n penalties for a class C misdemeanor as set forth in sections \n 3571(b)(6) and 3581(b)(8) of title 18.\n ``(6) Certification of other contempts to the district \n judge.--\n ``(A) In general.--Upon the commission of any act \n described in subparagraph (B)--\n ``(i) the magistrate judge shall promptly \n certify the facts to a district judge and may \n serve or cause to be served upon any person \n whose behavior is brought into question under \n this paragraph an order requiring such person \n to appear before a district judge upon a day \n certain to show cause why such person should \n not be adjudged in contempt by reason of the \n facts so certified; and\n ``(ii) the district judge shall hear the \n evidence as to the act or conduct complained of \n and, if it is such as to warrant punishment, \n punish such person in the same manner and to \n the same extent as for a contempt committed \n before a district judge.\n ``(B) Acts described.--An act is described in this \n subparagraph if it is--\n ``(i) in any case in which a United States \n magistrate judge presides with the consent of \n the parties under subsection (c) of this \n section, or in any misdemeanor case proceeding \n before a magistrate judge under section 3401 of \n title 18, an act that may, in the opinion of \n the magistrate judge, constitute a serious \n criminal contempt punishable by penalties \n exceeding those set forth in paragraph (5) of \n this subsection; or\n ``(ii) in any other case or proceeding \n under subsection (a) or (b), or any other \n statute--\n ``(I) an act committed in the \n presence of the magistrate judge that \n may, in the opinion of the magistrate \n judge, constitute a serious criminal \n contempt punishable by penalties \n exceeding those set forth in paragraph \n (5);\n ``(II) an act that constitutes a \n criminal contempt that occurs outside \n the presence of the magistrate judge; \n or\n ``(III) an act that constitutes a \n civil contempt.\n ``(7) Appeals of magistrate judge contempt orders.--The \n appeal of an order of contempt issued pursuant to this section \n shall be made to the court of appeals in any case proceeding \n under subsection (c). The appeal of any other order of contempt \n issued pursuant to this section shall be made to the district \n court.''.\n\nSEC. 3. MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES.\n\n (a) Title 18, United States Code.--Section 3401(b) of title 18, \nUnited States Code, is amended in the first sentence by striking ``that \nis a class B'' and all that follows through ``infraction''.\n (b) Title 28, United States Code.--Section 636(a) of title 28, \nUnited States Code, is amended by striking paragraphs (4) and (5) and \ninserting the following:\n ``(4) the power to enter a sentence for a petty offense; \n and\n ``(5) the power to enter a sentence for a class A \n misdemeanor in a case in which the parties have consented.''.\n\nSEC. 4. MAGISTRATE JUDGE AUTHORITY IN CASES INVOLVING JUVENILES.\n\n Section 3401(g) of title 18, United States Code, is amended--\n (1) by striking the first sentence and inserting the \n following: ``The magistrate judge may, in a petty offense case \n involving a juvenile, exercise all powers granted to the \n district court under chapter 403 of this title.'';\n (2) in the second sentence by striking ``any other class B \n or C misdemeanor case'' and inserting ``the case of any \n misdemeanor, other than a petty offense,''; and\n (3) by striking the last sentence.","summary":"Provides the process for certification of the facts of a contempt ruling to a district judge for execution of punishment or sanctions. Amends the Federal criminal code to provide magistrate judge authority in cases involving petty offenses and petty cases involving juveniles.","title":"Magistrate Judge Improvement Act of 2000","text_len":7468,"sum_len":276} {"bill_id":"110_hr2137","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Super-Efficient Appliance Incentives \nand Market Transformation Act of 2007''.\n\nSEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR \n APPLIANCES PRODUCED AFTER 2007.\n\n (a) In General.--Subsection (b) of section 45M of the Internal \nRevenue Code of 1986 (relating to applicable amount) is amended to read \nas follows:\n ``(b) Applicable Amount.--For purposes of subsection (a)--\n ``(1) Dishwashers.--The applicable amount is--\n ``(A) $45 in the case of a dishwasher which is \n manufactured in calendar year 2008 or 2009 and which \n uses no more than 324 kilowatt hours per year and 5.8 \n gallons per cycle, and\n ``(B) $75 in the case of a dishwasher which is \n manufactured in calendar year 2008, 2009, or 2010 and \n which uses no more than 307 kilowatt hours per year and \n 5.0 gallons per cycle (5.5 gallons per cycle for \n dishwashers designed for greater than 12 place \n settings).\n ``(2) Clothes washers.--The applicable amount is--\n ``(A) $75 in the case of a residential top-loading \n clothes washer manufactured in calendar year 2008 which \n meets or exceeds a 1.72 modified energy factor and does \n not exceed a 8.0 water consumption factor,\n ``(B) $125 in the case of a residential top-loading \n clothes washer manufactured in calendar year 2008 or \n 2009 which meets or exceeds a 1.8 modified energy \n factor and does not exceed a 7.5 water consumption \n factor,\n ``(C) $150 in the case of a residential or \n commercial clothes washer manufactured in calendar year \n 2008, 2009 or 2010 which meets or exceeds 2.0 modified \n energy factor and does not exceed a 6.0 water \n consumption factor, and\n ``(D) $250 in the case of a residential or \n commercial clothes washer manufactured in calendar year \n 2008, 2009, or 2010 which meets or exceeds 2.2 modified \n energy factor and does not exceed a 4.5 water \n consumption factor.\n ``(3) Refrigerators.--The applicable amount is--\n ``(A) $50 in the case of a refrigerator which is \n manufactured in calendar year 2008, and consumes at \n least 20 percent but not more than 22.9 percent less \n kilowatt hours per year than the 2001 energy \n conservation standards,\n ``(B) $75 in the case of a refrigerator which is \n manufactured in calendar year 2008 or 2009, and \n consumes at least 23 percent but no more than 24.9 \n percent less kilowatt hours per year than the 2001 \n energy conservation standards,\n ``(C) $100 in the case of a refrigerator which is \n manufactured in calendar year 2008, 2009 or 2010, and \n consumes at least 25 percent but not more than 29.9 \n percent less kilowatt hours per year than the 2001 \n energy conservation standards, and\n ``(D) $200 in the case of a refrigerator \n manufactured in calendar year 2008, 2009 or 2010 and \n which consumes at least 30 percent less energy than the \n 2001 energy conservation standards.\n ``(4) Dehumidifiers.--The applicable amount is--\n ``(A) $15 in the case of a dehumidifier \n manufactured in calendar year 2008 that has a capacity \n less than or equal to 45 pints per day and is 7.5 \n percent more efficient than the applicable Department \n of Energy energy conservation standard effective \n October 2012, and\n ``(B) $25 in the case of a dehumidifier \n manufactured in calendar year 2008 that has a capacity \n greater than 45 pints per day and is 7.5 percent more \n efficient than the applicable Department of Energy \n energy conservation standard effective October 2012.''.\n (b) Eligible Production.--\n (1) Similar treatment for all appliances.--Subsection (c) \n of section 45M of such Code (relating to eligible production) \n is amended--\n (A) by striking paragraph (2),\n (B) by striking ``(1) In general'' and all that \n follows through ``the eligible'' and inserting ``The \n eligible'', and\n (C) by moving the text of such subsection in line \n with the subsection heading and redesignating \n subparagraphs (A) and (B) as paragraphs (1) and (2), \n respectively.\n (2) Modification of base period.--Paragraph (2) of section \n 45M(c) of such Code, as amended by paragraph (1) of this \n section, is amended by striking ``3-calendar year'' and \n inserting ``2-calendar year''.\n (c) Types of Energy Efficient Appliances.--Subsection (d) of \nsection 45M of such Code (defining types of energy efficient \nappliances) is amended to read as follows:\n ``(d) Types of Energy Efficient Appliance.--For purposes of this \nsection, the types of energy efficient appliances are--\n ``(1) dishwashers described in subsection (b)(1),\n ``(2) clothes washers described in subsection (b)(2),\n ``(3) refrigerators described in subsection (b)(3), and\n ``(4) dehumidifiers described in subsection (b)(4).''.\n (d) Aggregate Credit Amount Allowed.--\n (1) Increase in limit.--Paragraph (1) of section 45M(e) of \n such Code (relating to aggregate credit amount allowed) is \n amended to read as follows:\n ``(1) Aggregate credit amount allowed.--The aggregate \n amount of credit allowed under subsection (a) with respect to a \n taxpayer for any taxable year shall not exceed $100,000,000 \n reduced by the amount of the credit allowed under subsection \n (a) to the taxpayer (or any predecessor) for all prior taxable \n years beginning after December 31, 2007.''.\n (2) Exception for certain refrigerator and clothes \n washers.--Paragraph (2) of section 45M(e) of such Code is \n amended to read as follows:\n ``(2) Amount allowed for certain refrigerators and clothes \n washers.--Refrigerators described in subsection (b)(3)(D) and \n clothes washers described in subsection (b)(2)(D) shall not be \n taken into account under paragraph (1).''.\n (e) Qualified Energy Efficient Appliances.--\n (1) In general.--Paragraph (1) of section 45M(f) of such \n Code (defining qualified energy efficient appliance) is amended \n to read as follows:\n ``(1) Qualified energy efficient appliance.--The term \n `qualified energy efficient appliance' means--\n ``(A) any dishwasher described in subsection \n (b)(1),\n ``(B) any clothes washer described in subsection \n (b)(2),\n ``(C) any refrigerator described in subsection \n (b)(3), and\n ``(D) any dehumidifier described in subsection \n (b)(4).''.\n (2) Clothes washer.--Section 45M(f)(3) of such Code \n (defining clothes washer) is amended by inserting \n ``commercial'' before ``residential'' the second place it \n appears.\n (3) Top-loading clothes washer.--Subsection (f) of section \n 45M of such Code (relating to definitions) is amended by \n redesignating paragraphs (4), (5), (6), and (7) as paragraphs \n (5), (6), (7), and (8), respectively, and by inserting after \n paragraph (3) the following new paragraph:\n ``(4) Top-loading clothes washer.--The term ``top-loading \n clothes washer'' means a clothes washer which has the clothes \n container compartment access located on the top of the machine \n and which operates on a vertical axis.''.\n (4) Dehumidifier.--Subsection (f) of section 45M of such \n Code, as amended by paragraph (3), is amended by redesignating \n paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), \n respectively, and by inserting after paragraph (5) the \n following new paragraph:\n ``(6) Dehumidifier.--The term `dehumidifier' means a self-\n contained, electrically operated, and mechanically refrigerated \n encased assembly consisting of--\n ``(A) a refrigerated surface that condenses \n moisture from the atmosphere,\n ``(B) a refrigerating system, including an electric \n motor,\n ``(C) an air-circulating fan, and\n ``(D) means for collecting or disposing of \n condensate.''.\n (5) Replacement of energy factor.--Section 45M(f)(7) of \n such Code, as amended by paragraph (4), is amended to read as \n follows:\n ``(7) Modified energy factor.--The term `modified energy \n factor' means the modified energy factor established by the \n Department of Energy for compliance with the Federal energy \n conservation standard.''.\n (6) Gallons per cycle; water consumption factor.--Section \n 45M(f) of such Code (relating to definitions) is amended by \n adding at the end the following:\n ``(10) Gallons per cycle.--The term `gallons per cycle' \n means, with respect to a dishwasher, the amount of water, \n expressed in gallons, required to complete a normal cycle of a \n dishwasher.\n ``(11) Water consumption factor.--The term `water \n consumption factor' means, with respect to a clothes washer, \n the quotient of the total weighted per-cycle water consumption \n divided by the cubic foot (or liter) capacity of the clothes \n washer.''.\n (f) Effective Date.--The amendments made by this section shall \napply to appliances produced after December 31, 2007.","summary":"Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances produced after 2007.","title":"To amend the Internal Revenue Code of 1986 to modify the energy efficient appliance credit for appliances produced after 2007.","text_len":10558,"sum_len":212} {"bill_id":"111_hr1609","text":"SECTION 1. AMENDMENTS TO REQUIRE NEW PENALTIES AND ADMINISTRATOR \n VERIFICATION OF ELIGIBILITY FOR SUBSIDY PROGRAMS.\n\n (a) Addition of Repayment Penalty.--Section 1001B of the Food \nSecurity Act of 1985 (7 U.S.C. 1308-2) is amended--\n (1) in subsection (b), by striking ``the Secretary may for \n a period not to exceed 5 crop years deny the issuance of \n payments to the person or legal entity.'' and inserting ``the \n Secretary shall for a period not less than 5 years, or \n permanently, deny the issuance of payments to the person or \n legal entity.'';\n (2) by redesignating subsections (c) through (e) as \n subsections (d) through (f), respectively; and\n (3) after subsection (b), by inserting the following new \n subsection:\n ``(c) Repayment.--If a person or legal entity is determined under \nsubsection (d) of section 1001D to be ineligible for benefits or \npayments, the person or legal entity shall reimburse the Secretary for \nthe full amount of any benefit or payment described in subsection (b) \nof such section that the person or legal entity has already received \nwhile the person or entity was ineligible.''.\n (b) Addition of Income Verification and Enforcement Procedures.--\nSection 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is \namended by striking subsection (d) and inserting the following new \nsubsection:\n ``(d) Income Verification and Enforcement.--\n ``(1) Submission to administrator.--Within 30 days after \n receiving an application from a person or legal entity for a \n benefit described in subsection (b), the Secretary shall \n request the Administrator of the Internal Revenue Service \n (referred to in this subsection as the `Administrator') to \n verify the average adjusted gross income, average adjusted \n gross farm income, and average adjusted gross nonfarm income of \n the person or legal entity. The request for verification shall \n include the following:\n ``(A) The name of the person or legal entity.\n ``(B) The social security number or employer \n identification number of the person or legal entity.\n ``(C) Any other information that the Secretary \n determines to be relevant in assisting the \n Administrator in verifying the average adjusted gross \n income, average adjusted gross farm income, and average \n adjusted gross nonfarm income of the person or legal \n entity.\n ``(2) Administrator determination and denial of benefits.--\n ``(A) Administrator determination.--Not later than \n 30 days after the receipt of a verification request \n under paragraph (1) or a request of redetermination \n under paragraph (3), the Administrator shall--\n ``(i) determine whether the average \n adjusted gross income, average adjusted gross \n farm income, and average adjusted gross nonfarm \n income of the person or legal entity is within \n the applicable limitations established under \n subsection (b); and\n ``(ii) notify the Secretary of the results \n of such determination.\n ``(B) Denial of benefits.--Subject to paragraph \n (3), if the Administrator determines under subparagraph \n (A) that a person or legal entity does not comply with \n the applicable limitations set forth in subsection (b), \n the Secretary shall deny the issuance of applicable \n payments and benefits specified in subsection (b) to \n the person or legal entity, under similar terms and \n conditions as described in section 1001B.\n ``(3) Farm service agency reconsideration for ineligible \n applicants.--\n ``(A) Submission of evidence to farm service \n agency.--A person or legal entity subject to denial of \n benefits under paragraph (2) may request a \n reconsideration of the denial by the Farm Service \n Agency office serving the location in which the person \n or legal entity resides or operates. The person or \n legal entity shall submit evidence, accompanied with a \n certification by a certified public accountant, to \n support the claim that the person or legal entity \n satisfies the income eligibility requirements under \n subsection (b).\n ``(B) Submission of evidence to administrator.--If \n the Farm Service Agency determines that the claim of \n the person or legal entity is supported by the evidence \n submitted under subparagraph (A), the Secretary shall \n submit the evidence to the Administrator for a second \n determination under paragraph (2)(A).\n ``(C) Time requirement.--The Farm Service Agency \n shall make the determination in subparagraph (B) within \n 30 days after the date on which the person or legal \n entity submits the evidence under subparagraph (A).\n ``(4) Limitation on redetermination.--A person or legal \n entity may not apply for more than one redetermination, as \n described under paragraph (3), a calendar year.''.","summary":"Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to deny certain agricultural commodity payments for not less than five years, or permanently, to a person or legal entity that has knowingly engaged in, or aided in the creation of a fraudulent document, or failed to disclose material information relevant to the administration of such benefits. Requires that a person or legal entity that received benefits while ineligible due to excess income repay such amounts fully. Directs the Secretary to request the Internal Revenue Service (IRS) to verify the income-related eligibility of a benefit applicant, and deny benefits to a person or entity determined to be ineligible. Authorizes Farm Service Agency reconsideration of a denial.","title":"To amend the Food Security Act of 1985 to require the Administrator of the Internal Revenue Service to verify income for purposes of determining the eligibility of persons for certain Department of Agriculture payments and benefits, and for other purposes.","text_len":5747,"sum_len":759} {"bill_id":"115_hr1172","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Presidential Trade Transparency Act \nof 2017''.\n\nSEC. 2. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES \n ASSOCIATED WITH COUNTRIES WITH WHICH THE UNITED STATES IS \n NEGOTIATING A TRADE OR INVESTMENT AGREEMENT.\n\n (a) In General.--Before initiating or continuing negotiations with \na country for a trade or investment agreement, the President shall \nsubmit to Congress a report, in accordance with subsection (b) or (c), \ncontaining a full and complete statement of income earned, assets held, \nand liabilities owed by the President and associated with the country \nin the 12-month period preceding the submission of the report.\n (b) Timing of Report for New Negotiations.--In the case of \nnegotiations for a trade or investment agreement with a country \ninitiated on or after the date of the enactment of this Act, the \nPresident shall submit the report required by subsection (a)--\n (1) in the case of negotiations subject to the Bipartisan \n Congressional Trade Priorities and Accountability Act of 2015 \n (19 U.S.C. 4201 et seq.) with respect to which the President is \n required to submit a notification under section 103(a)(2) or \n 105(a)(1)(A) of that Act (19 U.S.C. 4202(a)(2) and \n 4204(a)(1)(A)), not later than the date on which the President \n submits the notification;\n (2) in the case of negotiations subject to the Uruguay \n Round Agreements Act (19 U.S.C. 3501 et seq.), not later than \n the date on which the President submits the report required by \n section 115(2) of that Act (19 U.S.C. 3524(2));\n (3) in the case of negotiations subject to the North \n American Free Trade Agreement Implementation Act (19 U.S.C. \n 3301 et seq.), not later than the date on which the President \n submits the report required by section 103(a)(2) of that Act \n (19 U.S.C. 3313(a)(2)); or\n (4) in the case of negotiations for a trade or investment \n agreement not covered by paragraph (1), (2), or (3), not less \n than 60 days before initiating the negotiations.\n (c) Timing of Report for Pending Negotiations.--In the case of \nnegotiations for a trade or investment agreement with a country \ninitiated before the date of the enactment of this Act, the President \nshall submit the report required by subsection (a) with respect to that \ncountry not later than 90 days after such date of enactment.\n\nSEC. 3. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES \n ASSOCIATED WITH COUNTRIES SUBJECT TO PRESIDENTIAL \n DETERMINATIONS IN TRADE ENFORCEMENT ACTIONS.\n\n (a) In General.--Before taking a covered action under a trade \nenforcement law with respect to a country, the President shall submit \nto Congress, in accordance with subsection (b), a report containing a \nfull and complete statement of income earned, assets held, and \nliabilities owed by the President and associated with the country in \nthe 12-month period preceding the submission of the report.\n (b) Timing of Report.--The President shall submit the report \nrequired by subsection (a)--\n (1) in the case of a covered action under section 201 of \n the Trade Act of 1974 (19 U.S.C. 2251) with respect to which a \n document is required to be transmitted to Congress under \n section 203(b) of that Act (19 U.S.C. 2253(b)), not less than \n 30 days before the President transmits the document;\n (2) in the case of a covered action under section 301 of \n the Trade Act of 1974 (19 U.S.C. 2411) that is the subject of a \n direction of the President as described in subsection (a)(1) or \n (b)(2) of that section, not less than 30 days before making \n that direction;\n (3) in the case of a covered action under section 337 of \n the Tariff Act of 1930 (19 U.S.C. 1337), not later than 30 days \n after the date on which a copy of the determination of the \n United States International Trade Commission is transmitted to \n the President under subsection (j) of that section;\n (4) in the case of a covered action under section 701(b)(2) \n of the Trade Facilitation and Trade Enforcement Act of 2015 (19 \n U.S.C. 4421(b)(2)), not later than the date on which the report \n required under subparagraph (B) of that section is submitted to \n Congress; or\n (5) in the case of a covered action not covered by \n paragraph (1), (2), (3), or (4), not less than 30 days before \n taking such action.\n (c) Definitions.--In this section:\n (1) Covered action.--The term ``covered action'' means--\n (A) the modification under a trade enforcement law \n of a duty imposed with respect to articles imported \n from a country; or\n (B) waiving action, or declining to exercise \n authority to take action, under a trade enforcement law \n in a trade enforcement matter with respect to a \n country.\n (2) Trade enforcement law.--The term ``trade enforcement \n law'' means--\n (A) chapter I of title II of the Trade Act of 1974 \n (19 U.S.C. 2251 et seq.);\n (B) title III of that Act (19 U.S.C. 2411 et seq.);\n (C) section 122 of that Act (19 U.S.C. 2132);\n (D) section 406, 421, or 422 of that Act (19 U.S.C. \n 2436, 2451, and 2451a);\n (E) sections 337 and 338(a) of the Tariff Act of \n 1930 (19 U.S.C. 1337 and 1338(a));\n (F) section 232 of the Trade Expansion Act of 1962 \n (19 U.S.C. 1862);\n (G) section 701 of the Trade Facilitation and Trade \n Enforcement Act of 2015 (19 U.S.C. 4421);\n (H) the International Emergency Economic Powers Act \n (50 U.S.C. 1701 et seq.); or\n (I) any other provision of law providing the \n President with authority to restrict trade with a \n foreign country through modification of a duty on \n imports.\n\nSEC. 4. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES \n ASSOCIATED WITH COUNTRIES ELIGIBLE FOR TRADE PREFERENCE \n PROGRAMS.\n\n (a) In General.--Before taking a covered action under a trade \npreference program with respect to a country or an article imported \nfrom a country, the President shall submit to Congress, in accordance \nwith subsection (b), a report containing a full and complete statement \nof income earned, assets held, and liabilities owed by the President \nand associated with the country in the 12-month period preceding the \nsubmission of the report.\n (b) Timing of Report.--The President shall submit the report \nrequired by subsection (a)--\n (1) in the case of a covered action under title V of the \n Trade Act of 1974 (19 U.S.C. 2461 et seq.) with respect to \n which the President is required to submit a notification under \n section 502(f) of the Trade Act of 1974 (19 U.S.C. 2462(f)) or \n a report under section 506A(a)(2) of that Act (19 U.S.C. \n 2466a(a)(2)), at the time the President submits the \n notification or report;\n (2) in the case of a covered action under the Caribbean \n Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) with \n respect to which the President is required to submit a \n notification under paragraph (1) or (2) of section 212(a) of \n that Act (19 U.S.C. 2702(a)) or a report under section \n 213(b)(2)(A)(v)(II)(cc) of that Act (19 U.S.C. \n 2703(b)(2)(A)(v)(II)(cc)), at the time the President submits \n the notification or report; or\n (3) in the case of a covered action not covered by \n paragraph (1) or (2), not later than 60 days before taking the \n action.\n (c) Definitions.--In this section:\n (1) Covered action.--The term ``covered action'' means--\n (A) the designation of a country as eligible for \n preferential treatment under a trade preference \n program;\n (B) the termination of such a designation;\n (C) any determination with respect to the \n eligibility of an article for preferential treatment \n under a trade preference program;\n (D) the withdrawal, suspension, or limitation of \n preferential treatment under a trade preference program \n with respect to a country or an article; or\n (E) the exercise of the authority to waive the \n competitive need limitation with respect to an article \n under section 503(d) of the Trade Act of 1974 (19 \n U.S.C. 2463(d)).\n (2) Trade preference program.--The term ``trade preference \n program'' means--\n (A) the Generalized System of Preferences under \n title V of the Trade Act of 1974 (19 U.S.C. 2461 et \n seq.);\n (B) the African Growth and Opportunity Act (19 \n U.S.C. 3701 et seq.);\n (C) the Caribbean Basin Economic Recovery Act (19 \n U.S.C. 2701 et seq.); or\n (D) section 915 of the Trade Facilitation and Trade \n Enforcement Act of 2015 (19 U.S.C. 4454).\n\nSEC. 5. CONTENTS OF DISCLOSURE REPORTS.\n\n The President shall include in a report required under section 2, \n3, or 4 with respect to a country--\n (1) the information specified in section 102(a) of the \n Ethics in Government Act of 1978 (5 U.S.C. App. 102(a)), with \n respect to each source of income, each asset, and each \n liability associated with the country; and\n (2) a detailed description of the nature of the association \n of each such source of income, asset, or liability with the \n country.\n\nSEC. 6. EFFECT OF FAILURE TO TIMELY DISCLOSE.\n\n (a) Tariff Modifications.--If the President fails to submit a \nreport required by this Act with respect to an action modifying tariff \ntreatment with respect to articles imported from a country by the time \nrequired by this Act, any instrument providing for the modification of \nsuch tariff treatment shall have no force or effect.\n (b) Trade and Investment Agreements.--If the President fails to \nsubmit a report required by section 2 with respect to negotiations for \na trade or investment agreement with a country by the time required by \nthat section, the implementing bill submitted to Congress with respect \nto that agreement shall not be eligible for the trade authorities \nprocedures under section 103 of the Bipartisan Congressional Trade \nPriorities and Accountability Act of 2015 (19 U.S.C. 4202).\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Associated with a country.--The term ``associated with \n a country'' or ``associated with the country''--\n (A) with respect to an asset, means--\n (i) any financial account maintained by a \n financial institution that is a person of the \n country;\n (ii) any stock or security issued by a \n person of the country;\n (iii) any financial instrument or contract \n held for investment that has an issuer or \n counterparty that is a person of the country;\n (iv) any interest in a person of the \n country; or\n (v) any real property located in the \n country or in which a person of the country, \n including any representative or agent of the \n government of the country, has a financial \n interest;\n (B) with respect to income, includes dividends, \n rents, interest, or capital gains or any other income \n (as defined in section 61 of the Internal Revenue Code \n of 1986) received directly or indirectly from an asset \n associated with the country or any gift or \n reimbursement received from a person of the country, \n including any representative or agent of the government \n of the country; and\n (C) with respect to a liability, refers to any \n liability owed to any creditor that is a person of the \n country, including an enterprise owned or controlled by \n the government of the country.\n (2) Person of the country.--\n (A) In general.--Except as provided in subparagraph \n (B), with respect to a country, the term ``person of \n the country'' means--\n (i) an individual who is a citizen of the \n country; or\n (ii) a branch, partnership, group or \n subgroup, association, estate, trust, \n corporation or division of a corporation, or \n other organization if--\n (I) it is organized under the laws \n of the country;\n (II) its principal place of \n business is in the country; or\n (III) its equity securities are \n primarily traded on one or more \n exchanges of the country.\n (B) Exception.--The term ``person of the country'' \n does not include any branch, partnership, group or \n subgroup, association, estate, trust, corporation or \n division of a corporation, or other organization for \n which it is demonstrated that a majority of the equity \n interest in the organization is ultimately owned by \n nationals of the United States.","summary":"Presidential Trade Transparency Act of 2017 This bill requires the President to submit to Congress a report containing a full and complete statement of the President's income earned, assets held, and liabilities owed in the preceding 12 months that are associated with a foreign country: with which the United States is negotiating a trade or investment agreement, that is subject to a presidential trade enforcement action determination modifying the tariff treatment of imported articles from such country, or that is designated as eligible for preferential trade treatment under a trade preference program. If the President fails to report such information to Congress: any instrument providing for the modification of such tariff treatment shall have no force or effect, and the bill implementing such a trade or investment agreement shall not be eligible for trade authorities procedures under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.","title":"Presidential Trade Transparency Act of 2017","text_len":14575,"sum_len":976} {"bill_id":"108_s177","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Montgomery GI Bill Revitalization \nAct of 2003''.\n\nSEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF \n ACTIVE-DUTY SERVICE.\n\n (a) In General.--Chapter 30 of title 38, United States Code, is \namended by adding at the end the following new subchapter:\n ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE\n``Sec. 3041. Enhanced educational assistance entitlement\n ``(a) Entitlement.--An eligible individual is entitled to enhanced \neducational assistance under this subchapter.\n ``(b) Eligible Individual Defined.--For purposes of this \nsubchapter, the term `eligible individual' means an individual who \nmeets the service requirement described in subsection (c) and whose \nstatus after completion of such service is described in section \n3011(a)(2) of this title. Such term does not include an individual \ndescribed in paragraph (1) or (2) of section 3011(c) of this title.\n ``(c) Service Requirement.--(1) The service requirement referred to \nin subsection (b) is as follows:\n ``(A) After September 30, 2003, the individual--\n ``(i) first enters on active duty;\n ``(ii) reenlists or extends an enlistment on active \n duty as a member of the Armed Forces; or\n ``(iii) in the case of an officer, continues to \n serve on active duty after that date.\n ``(B) From the date of such entry, reenlistment, extension, \n or continuation, as the case may be, the individual--\n ``(i) serves a continuous period of active duty of \n at least four years in the Armed Forces; or\n ``(ii) serves on active duty in the Armed Forces \n and is discharged or released from active duty--\n ``(I) as provided in subclause (I) of \n section 3011(a)(1)(A)(ii) of this title;\n ``(II) for the convenience of the \n Government, after having completed not less \n than 42 months of continuous active duty; or\n ``(III) as provided in subclause (III) of \n section 3011(a)(1)(A)(ii) of this title.\n ``(2) In determining service under paragraph (1), the following \nrules apply:\n ``(A) Any period of service described in paragraph (2) or \n (3) of section 3011(d) of this title that applies to an \n eligible individual under this section shall not be considered \n a part of the individual's period of active duty.\n ``(B) A member described in paragraph (2) of section \n 3011(f) of this title who serves the periods of active duty \n referred to in such paragraph shall be deemed to have served a \n continuous period of active duty the length of which is the \n aggregate length of the periods of active duty referred to in \n such paragraph.\n ``(C) Subsections (g) and (h) of section 3011 of this title \n apply with respect to an eligible individual under this section \n in the same manner as they apply to an individual under section \n 3011 of this title.\n ``(d) Election of Basic Educational Assistance.--(1) An eligible \nindividual entitled to enhanced educational assistance under this \nsubchapter may elect (in a form and manner prescribed by the Secretary) \nto receive basic educational assistance under subchapter II in lieu of \nsuch enhanced educational assistance for an enrollment period. Such an \nelection shall be made not later than 30 days before the beginning of \nthe enrollment period.\n ``(2) An eligible individual may revoke an election made pursuant \nto paragraph (1), but in no case may such revocation be made later than \n30 days before the beginning of the enrollment period.\n``Sec. 3042. Duration of enhanced educational assistance\n ``(a) In General.--Subject to section 3695 of this title and except \nas provided in subsection (b), each individual entitled to enhanced \neducational assistance under section 3041 of this title is entitled to \na monthly enhanced educational assistance allowance under this \nsubchapter for a period or periods not to exceed a total of 36 months \n(or the equivalent thereof in part-time enhanced educational \nassistance).\n ``(b) Special Rule for Certain Early Separations.--Subject to \nsection 3695 of this title, in the case of an individual described in \nsubclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who \ndoes not serve a continuous period of active duty of at least four \nyears in the Armed Forces (as described in section 3041(c)(1)(B)(i) of \nthis title), the individual is entitled to one month of enhanced \neducational assistance benefits under this subchapter (not to exceed a \ntotal of 36 months (or the equivalent thereof in part-time enhanced \neducational assistance)) for each month of continuous active duty \nserved by the individual beginning with the date on which the entry on \nactive duty, reenlistment, enlistment extension, or continuation \napplicable to that individual under section 3041(c)(1)(A) of this title \nbegins.\n``Sec. 3043. Payment of educational expenses\n ``(a) In General.--(1) Subject to paragraph (2), the Secretary \nshall pay to the educational institution providing a course under an \napproved program of education to an eligible individual under this \nsubchapter who is enrolled in the course the actual cost of tuition and \nfees otherwise payable by the individual.\n ``(2) Such cost may not exceed the amount charged to similarly \ncircumstanced nonveterans.\n ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall \npay to each eligible individual under this subchapter who is pursuing \nan approved program of education--\n ``(1) a stipend as provided in section 3044 of this title; \n and\n ``(2) in accordance with regulations prescribed by the \n Secretary, an amount equal to the average cost of books and \n supplies payable by individuals pursuing courses of education \n at educational institutions.\n ``(c) Exclusion From Income for Eligibility Determinations for \nFederal Educational Loans.--Notwithstanding any other provision of law, \namounts payable by the Secretary under this subchapter with respect to \nan eligible individual shall not be considered as income for purposes \nof determining eligibility of such individual for education grants or \nloans under any other provision of Federal law.\n``Sec. 3044. Amount of stipend\n ``(a) In General.--Except as provided in section 3042 of this \ntitle, the stipend under this subchapter shall be paid at a monthly \nrate (as that rate may be increased pursuant to subsection (b)) as \nfollows:\n ``(1) At the monthly rate of $900 for an approved program \n of education pursued on a full-time basis.\n ``(2) At the monthly rate of $700 for an approved program \n of education pursued on a three-quarter-time basis.\n ``(3) At the monthly rate of $500 for an approved program \n of education pursued on a half-time basis.\n ``(4) At the monthly rate of $300 for an approved program \n of education pursued on less than a half-time basis.\n ``(b) Adjustment for Inflation.--With respect to any fiscal year \nbeginning after fiscal year 2004, the Secretary shall increase the rate \npaid under subsection (a) for the previous fiscal year by the \npercentage applicable under section 3015(h) of this title.\n``Sec. 3045. Tutorial assistance\n ``An individual entitled to an enhanced educational assistance \nallowance under this subchapter shall be entitled to benefits provided \nan individual under section 3019 of this title, subject to the \nconditions provided in such section.''.\n (b) Conforming Amendments.--(1) Section 3002 of such title is \namended by inserting at the end the following new paragraph:\n ``(9) The term `enhanced educational assistance' means educational \nassistance provided under subchapter V.''.\n (2) Section 3011 of such title is amended in subsection (f)(1) and \n(g) by striking ``chapter'' each place it appears and inserting \n``subchapter''.\n (3) Section 3018A(a) of such title is amended by striking \n``education assistance under this chapter'' and inserting ``educational \nassistance under this subchapter''.\n (4) Section 3018B of such title is amended by striking ``education \nassistance under this chapter'' each place it appears and inserting \n``educational assistance under this subchapter''.\n (5) Section 3018C of such title is amended by striking \n``educational assistance under this chapter'' each place it appears and \ninserting ``educational assistance under this subchapter''.\n (6) Section 3019 of such title is amended by striking ``chapter'' \neach place it appears and inserting ``subchapter''.\n (7) Section 3031 of such title is amended--\n (A) in subsection (f), by inserting ``or 3042 of this \n title'' after ``section 3013'' each place it appears; and\n (B) in subsection (h), by inserting ``or \n 3031(c)(1)(B)(ii)(III)'' after ``section \n 3011(a)(1)(A)(ii)(III)''.\n (8) Section 3032(e)(3) of such title is amended by inserting ``, or \nsection 3044(a)(1),'' after ``section 3015''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 30 of such title is amended by adding at the end the following \nnew items:\n\n ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE\n\n``3041. Enhanced educational assistance entitlement.\n``3042. Duration of enhanced educational assistance.\n``3043. Payment of educational expenses.\n``3044. Amount of stipend.\n``3045. Tutorial assistance.''.\n\nSEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL \n GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC \n EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.\n\n (a) Repeal of Pay Reduction and Election of Benefits.--\n (1) Active duty program.--(A) Section 3011 of title 38, \n United States Code, is amended--\n (i) by striking subsection (b); and\n (ii) in subsection (c), by striking paragraph (1) \n and redesignating paragraphs (2) and (3) as paragraphs \n (1) and (2), respectively.\n (B) Section 3012 of such title is amended--\n (i) by striking subsection (c); and\n (ii) in subsection (d), by striking paragraph (1) \n and redesignating paragraphs (2) and (3) as paragraphs \n (1) and (2), respectively.\n (2) Opportunities to withdraw election not to enroll.--(A) \n Section 3016(a)(1) of such title is amended by striking ``, and \n does not make an election under section 3011(c)(1) or section \n 3012(d)(1)''.\n (B) Sections 3018A and 3018B of such title are each amended \n by adding at the end the following new subsection:\n ``(e) Notwithstanding subsection (b), no reduction in the pay of an \nindividual under this section shall be made for months beginning after \nSeptember 30, 2003. Any obligation of such individual under subsection \n(b) as of such date shall be deemed to be fully satisfied as of such \ndate.''.\n (C)(i) Section 3018C(e) of such title is amended--\n (I) by striking paragraphs (3) and (4); and\n (II) by redesignating paragraph (5) as paragraph \n (3).\n (ii) Section 3018C of such title is amended by adding at \n the end the following new subsection:\n ``(f) Notwithstanding subsection (b), no reduction in the pay of an \nindividual under this section shall be made for months beginning after \nSeptember 30, 2003. Any obligation of such individual under subsection \n(b) as of such date shall be deemed to be fully satisfied as of such \ndate.''.\n (3) Effective date.--The amendments made by this subsection \n shall take effect on October 1, 2003, and apply to individuals \n whose initial obligated period of active duty under section \n 3011 or 3012 of title 38, United States Code, as the case may \n be, begins on or after such date.\n (4) Termination of pay reductions in progress.--Any \n reduction in the basic pay of an individual referred to in \n subsection (b) of section 3011 of title 38, United States Code, \n by reason of such subsection, or of any individual referred to \n in subsection (c) of section 3012 of such title by reason of \n such subsection, shall cease commencing with months beginning \n after September 30, 2003, and any obligation of such individual \n under such subsections, as the case may be, as of such date \n shall be deemed to be fully satisfied as of such date.\n (b) Repeal of High School Graduation Requirement.--\n (1) Active duty.--(A) Section 3011(a) of title 38, United \n States Code, is amended--\n (i) by striking paragraph (2); and\n (ii) by redesignating paragraph (3) as paragraph \n (2).\n (B) Section 3012(a) of such title is amended--\n (i) by striking paragraph (2); and\n (ii) by redesignating paragraph (3) as paragraph \n (2).\n (2) Opportunities to withdraw election not to enroll.--(A) \n Section 3018(b) of such title is amended--\n (i) by inserting ``and'' at the end of paragraph \n (3)(C);\n (ii) by striking paragraph (4); and\n (iii) by redesignating paragraph (5) as paragraph \n (4).\n (B)(i) Section 3018A(a) of such title is amended--\n (I) by striking paragraph (2);\n (II) by redesignating paragraphs (3), (4), and (5) \n as paragraphs (2), (3), and (4), respectively; and\n (III) in paragraphs (3) and (4), as so \n redesignated, by striking ``paragraph (3) of this \n subsection'' and inserting ``paragraph (2)''.\n (ii) Section 3018A(c) of such title is amended by striking \n ``subsection (a)(3) of this section'' and inserting \n ``subsection (a)(2)''.\n (iii) Section 3018A(d)(1) of such title is amended by \n striking ``subsection (a)(4) of this subsection'' and inserting \n ``subsection (a)(3)''.\n (C)(i) Section 3018B(a)(1) of such title is amended--\n (I) by striking subparagraph (B);\n (II) by redesignating subparagraphs (C), (D), and \n (E) as subparagraphs (B), (C), and (D), respectively; \n and\n (III) in subparagraphs (C) and (D), as so \n redesignated, by striking ``subparagraph (C) of this \n paragraph'' and inserting ``subparagraph (B)''.\n (D)(i) Section 3018B(a)(2) of such title is amended--\n (I) by striking subparagraph (B);\n (II) by redesignating subparagraphs (C), (D), and \n (E) as subparagraphs (B), (C), and (D), respectively;\n (III) in subparagraph (B), as so redesignated, by \n striking ``paragraph (1)(C) of this subsection'' and \n inserting ``paragraph (1)(B)''; and\n (IV) in subparagraphs (C) and (D), as so \n redesignated, by striking ``subparagraph (C)'' and \n inserting ``subparagraph (B)''.\n (ii) Section 3018B(c) of such title is amended by striking \n ``subsection (a)(1)(C) or (a)(2)(C) of this section'' and \n inserting ``subsection (a)(1)(B) or (a)(2)(B)''.\n (iii) Section 3018B(d)(1) of such title is amended by \n striking ``subsection (a)(1)(D) or (a)(2)(D) of this section'' \n and inserting ``subsection (a)(1)(C) or (a)(2)(C)''.\n (E)(i) Section 3018C(a) of such title is amended--\n (I) by striking paragraph (3);\n (II) by redesignating paragraphs (4) and (5) as \n paragraphs (3) and (4), respectively; and\n (III) in paragraph (3), as so redesignated, by \n striking ``paragraph (5)'' and inserting ``paragraph \n (4)''.\n (ii) Section 3018C(b)(2) of such title is amended by \n striking ``subsection (a)(4)'' and inserting ``subsection \n (a)(3)''.\n (iii) Section 3018C(c)(1) of such title is amended by \n striking ``subsection (a)(5)'' and inserting ``subsection \n (a)(4)''.\n (iv) Section 3018C(e)(1) of such title is amended by \n striking ``elections made under subsection (a)(5)'' and \n inserting ``elections made under subsection (a)(4)''.\n (v) Section 3018C(e)(2) of such title is amended--\n (I) by striking subparagraph (C); and\n (II) by redesignating subparagraph (D) as \n subparagraph (C).\n (3) Effective date.--The amendments made by this subsection \n shall take effect on October 1, 2003, and shall apply with \n respect to individuals applying for basic educational \n assistance under chapter 30 of title 38, United States Code, on \n or after such date.\n (c) Education Outreach Services to Members of the Armed Forces.--\n (1) In general.--Section 3034(e)(1) of title 38, United \n States Code, is amended to read as follows:\n ``(e)(1) Not later than one year after an individual initially \nenters on active duty as a member of the Armed Forces, and at such \nadditional times as the Secretary determines appropriate, the Secretary \nshall furnish the individual the information described in paragraph \n(2).''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect on October 1, 2003, and shall apply to \n individuals whose initial obligated period of active duty under \n section 3011 or 3012 of title 38, United States Code, as the \n case may be, begins on or after such date.","summary":"Montgomery GI Bill Revitalization Act of 2003 - Amends Federal basic educational assistance provisions to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty, (2) reenlists or continues to serve on active duty. (3) serves a continuous period of active duty of four years. Or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government , or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides: (1) a monthly stipend for approved programs of education. And (2) tutorial assistance. Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program. (2) a provision authorizing individuals to elect not to receive such assistance. (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance. And (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program.","title":"A bill to amend title 38, United States Code, to improve benefits under the Montgomery GI Bill by establishing an enhanced educational assistance program and by repealing the requirement for reduction in pay for participation in the program, and for other purposes.","text_len":18399,"sum_len":1321} {"bill_id":"105_hr4352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Video Competition and Consumer \nChoice Act of 1998''.\n\nSEC. 2. CABLE PROGRAMMING SERVICES REGULATION.\n\n Section 623(c)(4) of the Communications Act of 1934 (47 U.S.C. \n543(c)(4)) is amended to read as follows:\n ``(4) Sunset of upper tier rate regulation.--\n ``(A) Programming choice required.--The authority \n to regulate rates under this subsection shall not apply \n to cable programming services provided after March 31, \n 1999, by a cable system unless the franchising \n authority for such cable system, after notice and \n opportunity for a public hearing at which the operator, \n subscribers, and other interested persons may appear \n and present evidence, certifies to the Commission that \n the cable operator of such system is not providing to \n subscribers an acceptable range of programming choices \n to the extent technically feasible and economically \n reasonable.\n ``(B) Basis for certification.--Any franchising \n authority making such a certification shall include \n with the statement the factors upon which the \n franchising authority bases its determination. Such \n factors may include (but are not limited to) the \n factors described in paragraph (2) and any one or more \n of the following:\n ``(i) delivery of the packages is \n technically feasible based on the current and \n expected capability of the system;\n ``(ii) delivery of the packages is \n economically reasonable based on the technical \n requirements for delivery of the packages;\n ``(iii) delivery of the packages can be \n performed without jeopardizing security of \n multichannel video programming and other \n services offered over the system, or impeding \n the legal rights of the system operator to \n prevent theft of service;\n ``(iv) any revenues received by the cable \n operator and cable programming providers from \n advertising, including the economic effect of \n offering additional programming choices on \n advertising revenues and subscriber rates;\n ``(v) the packages permit subscribers to \n subscribe to significantly less than the \n majority of upper tier programing services \n available; and\n ``(vi) the packages are related to the \n program category interests of groups as \n demonstrated by polling, surveys, referenda, \n statistics, or other comparable means based on \n statistics from the franchising area.\n ``(C) Commission review.--Upon receipt of a request \n for review from a cable operator, the Commission may \n review any certification submitted under subparagraph \n (A) and may rescind such certification if the \n Commission determines that the determination of the \n franchising authority is arbitrary and capricious.\n ``(D) Duration.--A certification under subparagraph \n (A) is effective for one year, unless earlier withdrawn \n by the franchising authority or rescinded by the \n Commission.\n ``(E) No effect on effective competition test.--\n Notwithstanding any certification under this paragraph, \n a cable system that is subject to effective \n competition, as determined under subsection (a)(2), \n shall not be subject to regulation under this \n subsection.''.\n\nSEC. 3. PROGRAM ACCESS.\n\n (a) Amendments To Extend and Revise Program Access Requirements.--\nSection 628 of the Communications Act of 1934 (47 U.S.C. 548) is \namended--\n (1) in subsection (a), by striking ``satellite cable \n programming and satellite broadcast programming'' and inserting \n ``multichannel video programming'';\n (2) in subsection (b)--\n (A) by striking ``cable operator, a satellite cable \n programming vendor in which a cable operator has an \n attributable interest, or a satellite broadcast \n programming vendor'' and inserting ``multichannel video \n programming distributor''; and\n (B) by striking ``satellite cable programming or \n satellite broadcast programming'' and inserting \n multichannel video programming'';\n (3) in subsection (c)--\n (A) by striking ``Within 180 days after the date of \n enactment of this section, the Commission'' in \n paragraph (1) and inserting ``The Commission'';\n (B) by striking paragraph (2) and inserting the \n following:\n ``(2) Minimum contents of regulations.--The regulations to \n be promulgated under this section shall--\n ``(A) establish effective safeguards to prevent any \n multichannel video programming distributor from unduly \n or improperly influencing the decision of any \n multichannel video programming vendor to sell, or the \n prices, terms, and conditions of sale of, multichannel \n video programming to any other multichannel video \n programming distributor;\n ``(B) prohibit discrimination by a multichannel \n video programming vendor in the prices, terms, and \n conditions of sale or delivery of such programming \n among or between cable systems, cable operators, or \n other multichannel video programming distributors, or \n their agents or buying groups; except that a \n multichannel video programming vendor shall not be \n prohibited from--\n ``(i) imposing reasonable requirements for \n creditworthiness, offering of service, and \n financial stability and standards regarding \n character and technical quality;\n ``(ii) establishing different prices, \n terms, and conditions to take into account \n actual and reasonable differences in the cost \n of creation, sale, delivery, or transmission of \n multichannel video programming;\n ``(iii) establishing different prices, \n terms, and conditions which take into account \n economies of scale, cost savings, or other \n direct and legitimate economic benefits \n reasonably attributable to the number of \n subscribers served by the distributor; or\n ``(iv) entering into an exclusive contract \n that is permitted under subparagraph (D);\n ``(C) prohibit practices, understandings, \n arrangements, and activities, including exclusive \n contracts for multichannel video programming between a \n multichannel video programming distributor and a \n multichannel video programming vendor, that prevent any \n multichannel video programming distributor from \n obtaining such programming for distribution to persons \n in areas not served by a cable operator;\n ``(D) with respect to distribution to persons in \n areas served by a cable operator--\n ``(i) prohibit exclusive contracts for \n multichannel video programming between a cable \n operator and a multichannel video programming \n vendor in which a cable operator has an \n attributable interest, unless the Commission \n determines (in accordance with paragraph (4)) \n that such contract is in the public interest;\n ``(ii) not prohibit exclusive contracts for \n multichannel video programming between a \n multichannel video programming distributor, \n other than a cable operator, and a multichannel \n video programming vendor, other than a \n multichannel video programming vendor in which \n a cable operator has an attributable interest, \n unless the Commission determines (in accordance \n with paragraph (4)) that such contract is \n contrary to the public interest.''; and\n (C) in paragraph (5), by striking ``enactment of \n this section'' and inserting ``enactment of the Video \n Competition and Consumer Choice Act of 1998'';\n (4) in subsection (h), by adding at the end the following \n new paragraph:\n ``(3) Other contracts.--No contract to grant exclusive \n distribution rights to any person with respect to multichannel \n video programming may be entered into on or after the date of \n enactment of the Video Competition and Consumer Choice Act of \n 1998, except as permitted under subsection (c)(2)(D). No \n contract entered into after June 1, 1990, and before such date \n of enactment that grants such rights may continue in effect \n after 120 days after the date of enactment of the Video \n Competition and Consumer Choice Act of 1998.'';\n (5) in subsection (i), by adding at the end the following \n new paragraphs:\n ``(5) The term `multichannel video programming' means video \n programming which is transmitted by any means and which is \n primarily intended for the direct receipt by multichannel video \n programming distributors for retransmission to their \n subscribers.\n ``(6) The term `multichannel video programming vendor' \n means a person engaged in the production, creation, or \n wholesale distribution for sale of multichannel video \n programming.''.\n (6) by striking subsection (j) and inserting the following:\n ``(j) Common Carriers.--Any provision that applies to a \nmultichannel video programming distributor or multichannel video \nprogramming vendor under this section shall apply to a common carrier \nor its affiliate that provides multichannel video programming.''.\n (b) Deadlines for Revised Regulations.--The Federal Communications \nCommission shall prescribe such revisions to its regulations as may be \nnecessary to implement the amendments made by subsection (a) within 120 \ndays after the date of enactment of this Act.\n\nSEC. 4. LIFELINE CABLE SERVICE TIER.\n\n Section 623(b) of the Communications Act of 1934 (47 U.S.C. 543(b)) \nis amended--\n (1) in the subsection heading by inserting ``and Lifeline'' \n after ``Basic''; and\n (2) by adding at the end the following new paragraph:\n ``(9) Lifeline service tier.--\n ``(A) Contents.--Each cable operator of a cable \n system shall make available for sale to its subscribers \n a separately packaged lifeline service tier. Such \n lifeline service tier shall consist exclusively of the \n following:\n ``(i) All signals carried in fulfillment of \n the requirements of sections 614 and 615.\n ``(ii) Any public, educational, and \n governmental access programming required by the \n franchise of the cable system to be provided to \n subscribers.\n ``(iii) Any signal of a local television \n broadcast station that is provided by the cable \n operator to any subscriber, except that a \n digital television service signal shall not be \n required to be carried as part of the lifeline \n service tier pursuant to this clause (iii) \n unless such carriage is required by regulations \n prescribed by the Commission.\n ``(B) Prohibition on additions.--A cable operator \n may not add additional video programming signals or \n services to the lifeline service tier.\n ``(C) Rate regulation.--The Commission shall \n prescribe regulations concerning the rates for the \n lifeline service tier. Such regulations shall be \n designed to achieve the goals of--\n ``(i) ensuring that rates for the lifeline \n service tier are reasonable; and\n ``(ii) promoting multichannel video \n programming distribution competition.''.","summary":"Video Competition and Consumer Choice Act of 1998 - Amends the Communications Act of 1934 to make the authority of the Federal Communications Commission (FCC) to regulate cable television service rates inapplicable to services provided after March 31, 1999, by a cable system unless the franchising authority for such system, after notice and opportunity for a public hearing, certifies to the FCC that the cable operator of such system is not providing subscribers an acceptable range of programming choices to the extent technically feasible and economically reasonable. Outlines factors to be considered for such certification. Authorizes FCC review of such certifications. Makes such certifications effective for one year, unless earlier withdrawn or rescinded. Replaces references to satellite cable programming and satellite broadcast programming with multichannel video programming (MVP). Repeals a deadline for FCC regulations concerning the development of competition and diversity in MVP distribution. Outlines minimum requirements for such regulations, including prohibited actions by an MVP vendor with respect to the sale or delivery of such programming among cable systems, cable operators, and other MVP distributors. Prohibits entering into contracts to grant exclusive distribution rights to any person with respect to MVP after the date of enactment of this Act, except for certain exclusivity contracts granted by the FCC in the public interest. Prohibits any such contract already entered into before such date of enactment to continue after 120 days after such date. Defines MVP as video programming which is transmitted by any means and which is primarily intended for the direct receipt by MVP distributors for retransmission to their subscribers. Requires the revision of MVP regulations as necessitated by this Act within 120 days after enactment. Requires each cable operator of a cable system to make available for sale to its subscribers a separately packaged lifeline service tier consisting exclusively of: (1) FCC-required local commercial television and noncommercial educational television programming. (2) any public, educational, and governmental access programming required by the cable system franchise. And (3) any signal of a local television broadcast station provided by the cable operator to any subscriber . Prohibits a cable operator from adding additional video programming signals or services to the lifeline tier. Directs the FCC to prescribe regulations for lifeline tier rates.","title":"Video Competition and Consumer Choice Act of 1998","text_len":14020,"sum_len":2526} {"bill_id":"114_hr1301","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Amateur Radio Parity Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) More than 730,000 radio amateurs in the United States \n are licensed by the Federal Communications Commission in the \n amateur radio services.\n (2) Amateur radio, at no cost to taxpayers, provides a \n fertile ground for technical self-training in modern \n telecommunications, electronics technology, and emergency \n communications techniques and protocols.\n (3) There is a strong Federal interest in the effective \n performance of amateur stations established at the residences \n of licensees. Such stations have been shown to be frequently \n and increasingly precluded by unreasonable private land use \n restrictions, including restrictive covenants.\n (4) Federal Communications Commission regulations have for \n three decades prohibited the application to stations in the \n amateur service of State and local regulations that preclude or \n fail to reasonably accommodate amateur service communications, \n or that do not constitute the minimum practicable regulation to \n accomplish a legitimate State or local purpose. Commission \n policy has been and is to require States and localities to \n permit erection of a station antenna structure at heights and \n dimensions sufficient to accommodate amateur service \n communications.\n (5) The Commission has sought guidance and direction from \n Congress with respect to the application of the Commission's \n limited preemption policy regarding amateur service \n communications to private land use restrictions, including \n restrictive covenants.\n (6) There are aesthetic and common property considerations \n that are uniquely applicable to private land use regulations \n and the community associations obligated to enforce covenants, \n conditions, and restrictions in deed-restricted communities. \n These considerations are dissimilar to those applicable to \n State law and local ordinances regulating the same residential \n amateur radio facilities.\n (7) In recognition of these considerations, a separate \n Federal policy than exists at section 97.15(b) of title 47, \n Code of Federal Regulations, is warranted concerning amateur \n service communications in deed-restricted communities.\n (8) Community associations should fairly administer private \n land use regulations in the interest of their communities, \n while nevertheless permitting the installation and maintenance \n of effective outdoor amateur radio antennas. There exist \n antenna designs and installations that can be consistent with \n the aesthetics and physical characteristics of land and \n structures in community associations while accommodating \n communications in the amateur radio services.\n\nSEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR \n STATIONS.\n\n (a) Amendment of FCC Rules.--Not later than 120 days after the date \nof the enactment of this Act, the Federal Communications Commission \nshall amend section 97.15 of title 47, Code of Federal Regulations, by \nadding a new paragraph that prohibits the application to amateur \nstations of any private land use restriction, including a restrictive \ncovenant, that--\n (1) on its face or as applied, precludes communications in \n an amateur radio service;\n (2) fails to permit a licensee in an amateur radio service \n to install and maintain an effective outdoor antenna on \n property under the exclusive use or control of the licensee; or\n (3) does not constitute the minimum practicable restriction \n on such communications to accomplish the lawful purposes of a \n community association seeking to enforce such restriction.\n (b) Additional Requirements.--In amending its rules as required by \nsubsection (a), the Commission shall--\n (1) require any licensee in an amateur radio service to \n notify and obtain prior approval from a community association \n concerning installation of an outdoor antenna;\n (2) permit a community association to prohibit installation \n of any antenna or antenna support structure by a licensee in an \n amateur radio service on common property not under the \n exclusive use or control of the licensee; and\n (3) subject to the standards specified in paragraphs (1) \n and (2) of subsection (a), permit a community association to \n establish reasonable written rules concerning height, location, \n size, and aesthetic impact of, and installation requirements \n for, outdoor antennas and support structures for the purpose of \n conducting communications in the amateur radio services.\n\nSEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE \n REGULATION.\n\n The Federal Communications Commission may not change section \n97.15(b) of title 47, Code of Federal Regulations, which shall remain \napplicable to State and local land use regulation of amateur service \ncommunications.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Community association.--The term ``community \n association'' means any non-profit mandatory membership \n organization composed of owners of real estate described in a \n declaration of covenants or created pursuant to a covenant or \n other applicable law with respect to which a person, by virtue \n of the person's ownership of or interest in a unit or parcel, \n is obligated to pay for a share of real estate taxes, insurance \n premiums, maintenance, improvement, services, or other expenses \n related to common elements, other units, or any other real \n estate other than the unit or parcel described in the \n declaration.\n (2) Terms defined in regulations.--The terms ``amateur \n radio services'', ``amateur service'', and ``amateur station'' \n have the meanings given such terms in section 97.3 of title 47, \n Code of Federal Regulations.\n\n Passed the House of Representatives September 12, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on September 9, 2016. Amateur Radio Parity Act of 2016 This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction: precludes communications in an amateur radio service, fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction. Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.","title":"Amateur Radio Parity Act of 2016","text_len":6644,"sum_len":1024} {"bill_id":"111_s1310","text":"SECTION 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY \n PROJECTS.\n\n The Secretary of Veterans Affairs may carry out the following major \nmedical facility projects in fiscal year 2010, with each project to be \ncarried out in the amount specified for each project:\n (1) Construction (including acquisition of land) for the \n realignment of services and closure projects at the Department \n of Veterans Affairs Medical Center in Livermore, California, in \n an amount not to exceed $55,430,000.\n (2) Construction of a Multi-Specialty Care Facility in \n Walla Walla, Washington, in an amount not to exceed $71,400,00.\n (3) Construction (including acquisition of land) for a new \n medical facility at the Department of Veterans Affairs Medical \n Center in Louisville, Kentucky, in an amount not to exceed \n $75,000,000.\n\nSEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR MEDICAL \n FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.\n\n The Secretary of Veterans Affairs may carry out the following major \nmedical facility projects in fiscal year 2010:\n (1) Replacement of the existing Department of Veterans \n Affairs Medical Center in Denver, Colorado, in an amount not to \n exceed $800,000,000.\n (2) Construction of Outpatient and Inpatient Improvements \n in Bay Pines, Florida, in an amount not to exceed $194,400,000.\n\nSEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY \n LEASES.\n\n The Secretary of Veterans Affairs may carry out the following \nfiscal year 2010 major medical facility leases at the locations \nspecified, in an amount not to exceed the amount shown for that \nlocation:\n (1) Anderson, South Carolina, Outpatient Clinic, in an \n amount not to exceed $4,774,000.\n (2) Atlanta, Georgia, Specialty Care Clinic, in an amount \n not to exceed $5,172,000.\n (3) Bakersfield, California, Community Based Outpatient \n Clinic, in an amount not to exceed $3,464,000.\n (4) Birmingham, Alabama, Annex Clinic and Parking Garage, \n in an amount not to exceed $6,279,000.\n (5) Butler, Pennsylvania, Health Care Center, in an amount \n not to exceed $16,482,000.\n (6) Charlotte, North Carolina, Health Care Center, in an \n amount not to exceed $30,457,000.\n (7) Fayetteville, North Carolina, Health Care Center, in an \n amount not to exceed $23,487,000.\n (8) Huntsville, Alabama, Outpatient Clinic Expansion, in an \n amount not to exceed $4,374,000.\n (9) Kansas City, Kansas, Community Based Outpatient Clinic, \n in an amount not to exceed $4,418,000.\n (10) Loma Linda, California, Health Care Center, in an \n amount not to exceed $31,154,000\n (11) McAllen, Texas, Outpatient Clinic, in an amount not to \n exceed $4,444,000.\n (12) Monterey, California, Health Care Center, in an amount \n not to exceed $11,628,000.\n (13) Montgomery, Alabama, Health Care Center, in an amount \n not to exceed $9,943,000.\n (14) Tallahassee, Florida, Outpatient Clinic, in an amount \n not to exceed $13,165,000.\n (15) Winston-Salem, North Carolina, Health Care Center, in \n an amount not to exceed $26,986,000.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations for Construction.--There is \nauthorized to be appropriated to the Secretary of Veterans Affairs for \nfiscal year 2010 or the year in which funds are appropriated for the \nConstruction, Major Projects, account--\n (1) $201,830,000 for the projects authorized in section 1; \n and\n (2) $994,400,000 for the projects authorized in section 2.\n (b) Authorization of Appropriations for Medical Facility Leases.--\nThere is authorized to be appropriated to the Secretary of Veterans \nAffairs for fiscal year 2010 or the year in which funds are \nappropriated for the Medical Facilities account $196,227,000 for the \nleases authorized in section 3.\n (c) Limitation.--The projects authorized in sections 1 and 2 may \nonly be carried out using--\n (1) funds appropriated for fiscal year 2010 pursuant to the \n authorization of appropriations in subsection (a) of this \n section;\n (2) funds available for Construction, Major Projects, for a \n fiscal year before fiscal year 2010 that remain available for \n obligation;\n (3) funds available for Construction, Major Projects, for a \n fiscal year after fiscal year 2010 that remain available for \n obligation;\n (4) funds appropriated for Construction, Major Projects, \n for fiscal year 2010 for a category of activity not specific to \n a project;\n (5) funds appropriated for Construction, Major Projects, \n for a fiscal year before 2010 for a category of activity not \n specific to a project; and\n (6) funds appropriated for Construction, Major Projects, \n for a fiscal year after 2010 for a category of activity not \n specific to a project.","summary":"Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2010 in: (1) Livermore, California, (2) Walla Walla, Washington. And (3) Louisville, Kentucky. Authorizes the Secretary to carry out projects in FY2010, as previously authorized, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and Bay Pines, Florida. Authorizes the Secretary to carry out specified major medical facility leases (leases) in Alabama, California, Florida, Georgia, Kansas, North Carolina, Pennsylvania, South Carolina, and Texas. Authorizes appropriations for projects and leases authorized under this Act.","title":"A bill to authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2010, and for other purposes.","text_len":5306,"sum_len":656} {"bill_id":"107_s2234","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women's Autoimmune Diseases Research \nand Prevention Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) The term ``autoimmune disease'' refers to a varied \n group of more than 80 serious, chronic illnesses that involve \n the human organ system, the nervous, gastrointestinal and \n endocrine systems, the skin and other connective tissues, eyes, \n and blood and blood vessels.\n (2) These diseases include, but are not limited to, \n Epstein-Barr virus, lupus, rheumatoid arthritis, scleroderma, \n multiple sclerosis, Guillain-Barre syndrome, Hashimoto's \n thyroiditis, Graves' disease, and vasculitis syndromes.\n (3) 50 million Americans are afflicted with some form of \n autoimmune disease.\n (4) 75 percent of autoimmune diseases occur in women, most \n frequently during but not limited to the childbearing years.\n (5) Taken together, autoimmune diseases represent the \n fourth largest cause of disability among women in the United \n States.\n (6) Female-to-male ratios in autoimmune diseases are \n dramatically skewed toward women, in some cases by ratios as \n high as 50 to 1.\n (7) Autoimmune diseases remain among the most poorly \n understood and poorly recognized of any category of illnesses; \n while science suggest they may have a genetric component, they \n can cluster in families as different illnesses.\n (8) To help women live longer, healthier lives, more \n research is needed to shed light on genetic as well as hormonal \n and environmental risk factors that contribute to the causes of \n these diseases, as well as providing early diagnosis and \n treatment.\n\nSEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING \n AUTOIMMUNE DISEASES ON WOMEN.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 399O. AUTOIMMUNE DISEASES IN WOMEN.\n\n ``(a) Definition.--In this section, an `autoimmune disease' means \nan illness in which the body's immune system becomes misdirected, \nattacking the organs it was designed to protect. It includes, but is \nnot limited to, Epstein-Barr virus, lupus, rheumatoid arthritis, \nscleroderma, multiple sclerosis, Guillain-Barre syndrome, Hashimoto's \nthroiditis, Graves disease, and vasculitis syndromes.\n ``(b) In General.--The Director of the Office on Women's Health in \nthe Department of Health and Human Services shall expand, intensify, \nand coordinate research and related activities of the Department with \nrespect to autoimmune diseases in women.\n ``(c) Coordination With Other Institutes.--The Director of the \nOffice on Women's Health shall coordinate activities under subsection \n(b) with other similar activities conducted by the other \nnational research institutes and agencies of the National Institutes of \nHealth to the extent that such Institutes and agencies have \nresponsibilities that are related to autoimmune diseases in women.\n ``(d) Certain Programs.--In carrying out subsection (b), the \nDirector of the Office of Women's Health shall conduct or support \nresearch to expand the understanding of the causes of, and develop \nmethods for preventing, autoimmune diseases in women. Activities under \nsuch subsection shall include conducting and supporting the following:\n ``(1) Research to determine the prevalence of autoimmune \n diseases in women, including African American women and other \n women who are members of racial or ethnic minority groups.\n ``(2) Basic research concerning the etiology and causes of \n autoimmune diseases in women, including genetic, hormonal, and \n environmental factors.\n ``(3) Epidemiological studies to address the frequency and \n natural history of such diseases and the differences among men \n and women, and among racial and ethnic groups, with respect to \n such diseases.\n ``(4) The development of safe, efficient, and cost-\n effective diagnostic approaches to evaluating women with \n suspected autoimmune diseases.\n ``(5) Clinical research for the development and evaluation \n of new treatments for women, including rehabilitation.\n ``(6) Studies to gain a better understanding of methods of \n preventing autoimmune diseases in women.\n ``(7) Information and education programs for patients and \n health care providers on genetic, hormonal, and environmental \n risk factors associated with autoimmune diseases in women, and \n on the importance of the prevention or control of such risk \n factors and timely referral with appropriate diagnosis and \n treatment. Such programs shall include information and \n education on the prevalence and nature of autoimmune diseases \n in women, and on health-related behaviors that can improve \n certain risk factors.\n ``(e) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2003 through 2007. The \nauthorization of appropriations established in the preceding sentence \nis in addition to any other authorization of appropriation that is \navailable for such purpose.''.","summary":"Women's Autoimmune Diseases Research and Prevention Act - Amends the Public Health Service Act to require the Director of the Office on Women's Health in the Department of Health and Human Services to expand, intensify, and coordinate research and related activities of the Department with respect to autoimmune diseases in women. Requires such efforts to examine: (1) disease prevalence in women, (2) the etiology and causes of such diseases, (3) epidemiology and gender and ethnic differences, (4) diagnostic approaches, (5) new treatments, and (6) prevention and education programs.","title":"A bill to amend the Public Health Service Act to provide for expanding, intensifying, and coordinating activities of the Office on Women's Health in the Department of Health and Human Services with respect to autoimmune disease in women.","text_len":5575,"sum_len":585} {"bill_id":"108_s1170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sports Agent Responsibility and \nTrust Act''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act, the following definitions apply:\n (1) Agency contract.--The term ``agency contract'' means an \n oral or written agreement in which a student athlete authorizes \n a person to negotiate or solicit on behalf of the student \n athlete a professional sports contract or an endorsement \n contract.\n (2) Athlete agent.--The term ``athlete agent'' means an \n individual who enters into an agency contract with a student \n athlete, or directly or indirectly recruits or solicits a \n student athlete to enter into an agency contract, and does not \n include a spouse, parent, sibling, grandparent, or guardian of \n such student athlete, any legal counsel for purposes other than \n that of representative agency, or an individual acting solely \n on behalf of a professional sports team or professional sports \n organization.\n (3) Athletic director.--The term ``athletic director'' \n means an individual responsible for administering the athletic \n program of an educational institution or, in the case that such \n program is administered separately, the athletic program for \n male students or the athletic program for female students, as \n appropriate.\n (4) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (5) Endorsement contract.--The term ``endorsement \n contract'' means an agreement under which a student athlete is \n employed or receives consideration for the use by the other \n party of that individual's person, name, image, or likeness in \n the promotion of any product, service, or event.\n (6) Intercollegiate sport.--The term ``intercollegiate \n sport'' means a sport played at the collegiate level for which \n eligibility requirements for participation by a student athlete \n are established by a national association for the promotion or \n regulation of college athletics.\n (7) Professional sports contract.--The term ``professional \n sports contract'' means an agreement under which an individual \n is employed, or agrees to render services, as a player on a \n professional sports team, with a professional sports \n organization, or as a professional athlete.\n (8) State.--The term ``State'' includes a State of the \n United States, the District of Columbia, Puerto Rico, the \n United States Virgin Islands, or any territory or insular \n possession subject to the jurisdiction of the United States.\n (9) Student athlete.--The term ``student athlete'' means an \n individual who engages in, is eligible to engage in, or may be \n eligible in the future to engage in, any intercollegiate sport. \n An individual who is permanently ineligible to participate in a \n particular intercollegiate sport is not a student athlete for \n purposes of that sport.\n\nSEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN \n CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND \n A STUDENT ATHLETE.\n\n (a) Conduct Prohibited.--It is unlawful for an athlete agent to--\n (1) directly or indirectly recruit or solicit a student \n athlete to enter into an agency contract, by--\n (A) giving any false or misleading information or \n making a false promise or representation; or\n (B) providing anything of value to a student \n athlete or anyone associated with the student athlete \n before the student athlete enters into an agency \n contract including any consideration in the form of a \n loan, or acting in the capacity of a guarantor or co-\n guarantor for any debt;\n (2) enter into an agency contract with a student athlete \n without providing the student athlete with the disclosure \n document described in subsection (b); or\n (3) predate or postdate an agency contract.\n (b) Required Disclosure by Athlete Agents to Student Athletes.--\n (1) In general.--In conjunction with the entering into of \n an agency contract, an athlete agent shall provide to the \n student athlete, or, if the student athlete is under the age of \n 18 to such student athlete's parent or legal guardian, a \n disclosure document that meets the requirements of this \n subsection. Such disclosure document is separate from and in \n addition to any disclosure which may be required under State \n law.\n (2) Signature of student athlete.--The disclosure document \n must be signed by the student athlete, or, if the student \n athlete is under the age of 18 by such student athlete's parent \n or legal guardian, prior to entering into the agency contract.\n (3) Required language.--The disclosure document must \n contain, in close proximity to the signature of the student \n athlete, or, if the student athlete is under the age of 18, the \n signature of such student athlete's parent or legal guardian, a \n conspicuous notice in boldface type stating: ``Warning to \n Student Athlete: If you agree orally or in writing to be \nrepresented by an agent now or in the future you may lose your \neligibility to compete as a student athlete in your sport. Within 72 \nhours after entering into this contract or before the next athletic \nevent in which you are eligible to participate, whichever occurs first, \nboth you and the agent by whom you are agreeing to be represented must \nnotify the athletic director of the educational institution at which \nyou are enrolled, or other individual responsible for athletic programs \nat such educational institution, that you have entered into an agency \ncontract.''.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Unfair or Deceptive Act or Practice.--A violation of this Act \nshall be treated as a violation of a rule defining an unfair or \ndeceptive act or practice prescribed under section 18(a)(1)(B) of the \nFederal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Actions by the Commission.--The Commission shall enforce this \nAct in the same manner, by the same means, and with the same \njurisdiction, powers, and duties as though all applicable terms and \nprovisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) \nwere incorporated into and made a part of this Act.\n\nSEC. 5. ACTIONS BY STATES.\n\n (a) In General.--\n (1) Civil actions.--In any case in which the attorney \n general of a State has reason to believe that an interest of \n the residents of that State has been or is threatened or \n adversely affected by the engagement of any athlete agent in a \n practice that violates section 3 of this Act, the State may \n bring a civil action on behalf of the residents of the State in \n a district court of the United States of appropriate \n jurisdiction to--\n (A) enjoin that practice;\n (B) enforce compliance with this Act; or\n (C) obtain damage, restitution, or other \n compensation on behalf of residents of the State.\n (2) Notice.--\n (A) In general.--Before filing an action under \n paragraph (1), the attorney general of the State \n involved shall provide to the Commission--\n (i) written notice of that action; and\n (ii) a copy of the complaint for that \n action.\n (B) Exemption.--Subparagraph (A) shall not apply \n with respect to the filing of an action by an attorney \n general of a State under this subsection, if the \n attorney general determines that it is not feasible to \n provide the notice described in that subparagraph \n before filing of the action. In such case, the attorney \n general of a State shall provide notice and a copy of \n the complaint to the Commission at the same time as the \n attorney general files the action.\n (b) Intervention.--\n (1) In general.--On receiving notice under subsection \n (a)(2), the Commission shall have the right to intervene in the \n action that is the subject of the notice.\n (2) Effect of intervention.--If the Commission intervenes \n in an action under subsection (a), it shall have the right--\n (A) to be heard with respect to any matter that \n arises in that action; and\n (B) to file a petition for appeal.\n (c) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this title shall be construed to prevent an \nattorney general of a State from exercising the powers conferred on the \nattorney general by the laws of that State to--\n (1) conduct investigations;\n (2) administer oaths or affirmations; or\n (3) compel the attendance of witnesses or the production of \n documentary and other evidence.\n (d) Actions by the Commission.--In any case in which an action is \ninstituted by or on behalf of the Commission for a violation of section \n3, no State may, during the pendency of that action, institute an \naction under subsection (a) against any defendant named in the \ncomplaint in that action.\n (e) Venue.--Any action brought under subsection (a) may be brought \nin the district court of the United States that meets applicable \nrequirements relating to venue under section 1391 of title 28, United \nStates Code.\n (f) Service of Process.--In an action brought under subsection (a), \nprocess may be served in any district in which the defendant--\n (1) is an inhabitant; or\n (2) may be found.\n\nSEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.\n\n (a) Notice Required.--Within 72 hours after entering into an agency \ncontract or before the next athletic event in which the student athlete \nmay participate, whichever occurs first, the athlete agent and the \nstudent athlete shall each inform the athletic director of the \neducational institution at which the student athlete is enrolled, or \nother individual responsible for athletic programs at such educational \ninstitution, that the student athlete has entered into an agency \ncontract, and the athlete agent shall provide the athletic director \nwith notice in writing of such a contract.\n (b) Civil Remedy.--\n (1) In general.--An educational institution has a right of \n action against an athlete agent for damages caused by a \n violation of this Act.\n (2) Damages.--Damages of an educational institution may \n include amd are limited to actual losses and expenses incurred \n because, as a result of the conduct of the athlete agent, the \n educational institution was injured by a violation of this Act \n or was penalized, disqualified, or suspended from participation \n in athletics by a national association for the promotion and \n regulation of athletics, by an athletic conference, or by \n reasonable self-imposed disciplinary action taken to mitigate \n actions likely to be imposed by such an association or \n conference.\n (3) Costs and attorneys fees.--In an action taken under \n this section, the court may award to the prevailing party costs \n and reasonable attorneys fees.\n (4) Effect on other rights, remedies and defenses.--This \n section does not restrict the rights, remedies, or defenses of \n any person under law or equity.\n\nSEC. 7. LIMITATION.\n\n Nothing in the Act shall be construed to prohibit an individual \nfrom seeking any remedies available under existing State law or equity.\n\nSEC. 8. SENSE OF CONGRESS.\n\n It is the sense of Congress that States should enact the Uniform \nAthlete Agents Act of 2000 drafted by the National Conference of \nCommissioners on Uniform State Laws, to protect student athletes and \nthe integrity of amateur sports from unscrupulous sports agents. In \nparticular, it is the sense of Congress that States should enact the \nprovisions relating to the registration of sports agents, the required \nform of contract, the right of the student athlete to cancel an agency \ncontract, the disclosure requirements relating to record maintenance, \nreporting, renewal, notice, warning, and security, and the provisions \nfor reciprocity among the States.","summary":"Sports Agent Responsibility and Trust Act - Prohibits an athlete agent from: (1) recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information, making a false promise or representation, or providing anything of value to the athlete or anyone associated with the athlete before entering into such contract, including any consideration in the form of a loan, or acting as guarantor or co-guarantor for any debt. (2) entering into an agency contract with a student athlete without providing the required disclosure document. Or (3) predating or postdating an agency contract. Requires an athlete agent to provide to the athlete a separate disclosure document that includes notice that if the athlete agrees orally or in writing to be represented by an agent, he or she may lose eligibility to compete as a student athlete. Requires both the student athlete and the agent, within 72 hours or before the athlete's next athletic event, whichever occurs first, to notify the athletic director of the athlete's educational institution that the athlete has entered into an agency contract. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general and educational institutions. Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws.","title":"A bill to designate certain conduct by sports agents relating to signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission.","text_len":12983,"sum_len":1502} {"bill_id":"107_hr2540","text":"SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.\n\n (a) Short Title.--This Act may be cited as the ``Veterans' \nCompensation Rate Amendments of 2001''.\n (b) References to Title 38, United States Code.--Except as \notherwise expressly provided, whenever in this Act an amendment or \nrepeal is expressed in terms of an amendment to, or repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of title 38, United States Code.\n\nSEC. 2. DISABILITY COMPENSATION.\n\n (a) Increase in Rates.--Section 1114 is amended--\n (1) by striking ``$98'' in subsection (a) and inserting \n ``$103'';\n (2) by striking ``$188'' in subsection (b) and inserting \n ``$199'';\n (3) by striking ``$288'' in subsection (c) and inserting \n ``$306'';\n (4) by striking ``$413'' in subsection (d) and inserting \n ``$439'';\n (5) by striking ``$589'' in subsection (e) and inserting \n ``$625'';\n (6) by striking ``$743'' in subsection (f) and inserting \n ``$790'';\n (7) by striking ``$937'' in subsection (g) and inserting \n ``$995'';\n (8) by striking ``$1,087'' in subsection (h) and inserting \n ``$1,155'';\n (9) by striking ``$1,224'' in subsection (i) and inserting \n ``$1,299'';\n (10) by striking ``$2,036'' in subsection (j) and inserting \n ``$2,163'';\n (11) in subsection (k)--\n (A) by striking ``$76'' both places it appears and \n inserting ``$80''; and\n (B) by striking ``$2,533'' and ``$3,553'' and inserting \n ``$2,691'' and ``$3,775'', respectively;\n (12) by striking ``$2,533'' in subsection (l) and inserting \n ``$2,691'';\n (13) by striking ``$2,794'' in subsection (m) and inserting \n ``$2,969'';\n (14) by striking ``$3,179'' in subsection (n) and inserting \n ``$3,378'';\n (15) by striking ``$3,553'' each place it appears in \n subsections (o) and (p) and inserting ``$3,775'';\n (16) by striking ``$1,525'' and ``$2,271'' in subsection (r) \n and inserting ``$1,621'' and ``$2,413'', respectively; and\n (17) by striking ``$2,280'' in subsection (s) and inserting \n ``$2,422''.\n (b) Special Rule.--The Secretary of Veterans Affairs may authorize \nadministratively, consistent with the increases authorized by this \nsection, the rates of disability compensation payable to persons within \nthe purview of section 10 of Public Law 85-857 who are not in receipt \nof compensation payable pursuant to chapter 11 of title 38, United \nStates Code.\n\nSEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.\n\n Section 1115(1) is amended--\n (1) by striking ``$117'' in clause (A) and inserting ``$124'';\n (2) by striking ``$201'' and ``$61'' in clause (B) and \n inserting ``$213'' and ``$64'', respectively;\n (3) by striking ``$80'' and ``$61'' in clause (C) and inserting \n ``$84'' and ``$64'', respectively;\n (4) by striking ``$95'' in clause (D) and inserting ``$100'';\n (5) by striking ``$222'' in clause (E) and inserting ``$234''; \n and\n (6) by striking ``$186'' in clause (F) and inserting ``$196''.\n\nSEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.\n\n Section 1162 is amended by striking ``$546'' and inserting \n``$580''.\n\nSEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.\n\n (a) New Law Rates.--Section 1311(a) is amended--\n (1) by striking ``$881'' in paragraph (1) and inserting \n ``$935''; and\n (2) by striking ``$191'' in paragraph (2) and inserting \n ``$202''.\n (b) Old Law Rates.--The table in section 1311(a)(3) is amended to \nread as follows:\n\n \n\n Monthly Monthly\n``Pay grade rate Pay grade rate\n E-1...................... $935 W-4........ $1,119\n E-2...................... 935 O-1........ 988\n E-3...................... 935 O-2........ 1,021\n E-4...................... 935 O-3........ 1,092\n E-5...................... 935 O-4........ 1,155\n E-6...................... 935 O-5........ 1,272\n E-7...................... 967 O-6........ 1,433\n E-8...................... 1,021 O-7........ 1,549\n E-9...................... 1,066\\1\\ O-8........ 1,699\n W-1...................... 988 O-9........ 1,818\n W-2...................... 1,028 O-10....... 1,994\\2\\\n W-3...................... 1,058\n \n``\\1\\If the veteran served as Sergeant Major of the Army, Senior\n Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force,\n Sergeant Major of the Marine Corps, or Master Chief Petty Officer of\n the Coast Guard, at the applicable time designated by section 1302 of\n this title, the surviving spouse's rate shall be $1,149.\n``\\2\\If the veteran served as Chairman or Vice Chairman of the Joint\n Chiefs of Staff, Chief of Staff of the Army, Chief of Naval\n Operations, Chief of Staff of the Air Force, Commandant of the Marine\n Corps, or Commandant of the Coast Guard, at the applicable time\n designated by section 1302 of this title, the surviving spouse's rate\n shall be $2,139.''.\n\n (c) Additional DIC for Children.--Section 1311(b) is amended by \nstriking ``$222'' and inserting ``$234''.\n (d) Aid and Attendance Allowance.--Section 1311(c) is amended by \nstriking ``$222'' and inserting ``$234''.\n (e) Housebound Rate.--Section 1311(d) is amended by striking \n``$107'' and inserting ``$112''.\n\nSEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.\n\n (a) DIC for Orphan Children.--Section 1313(a) is amended--\n (1) by striking ``$373'' in paragraph (1) and inserting \n ``$397'';\n (2) by striking ``$538'' in paragraph (2) and inserting \n ``$571'';\n (3) by striking ``$699'' in paragraph (3) and inserting \n ``$742''; and\n (4) by striking ``$699'' and ``$136'' in paragraph (4) and \n inserting ``$742'' and ``$143'', respectively.\n (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is \namended--\n (1) by striking ``$222'' in subsection (a) and inserting \n ``$234'';\n (2) by striking ``$373'' in subsection (b) and inserting \n ``$397''; and\n (3) by striking ``$188'' in subsection (c) and inserting \n ``$199''.\n\nSEC. 7. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on December 1, \n2001.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Veterans' Compensation Rate Amendments of 2001 - Increases, as of December 1, 2001, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and for children.","title":"An act to amend title 38, United States Code, to provide a cost-of-living adjustment in the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of such veterans.","text_len":6860,"sum_len":313} {"bill_id":"110_hr6352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Communities Committed to College Tax \nCredit Act of 2008''.\n\nSEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED \n COLLEGE SCHOLARSHIPS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits) is \namended by adding at the end the following new section:\n\n``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE \n SCHOLARSHIPS.\n\n ``(a) Allowance of Credit.--In addition to any deduction allowable \nunder this title, there shall be allowed as a credit against the tax \nimposed by this chapter for the taxable year an amount equal to 50 \npercent of designated qualified college scholarship funding \ncontributions made by the taxpayer during the taxable year.\n ``(b) Designated Qualified College Scholarship Funding \nContribution.--For purposes of this section--\n ``(1) In general.--The term `designated qualified college \n scholarship funding contribution' means any charitable \n contribution (as defined in section 170(c))--\n ``(A) which is paid in cash by the taxpayer to a \n qualified scholarship funding trust, and\n ``(B) which is designated by the trust for purposes \n of this section.\n ``(2) Qualified scholarship funding trust.--The term \n `qualified scholarship funding trust' means a trust--\n ``(A) which is established and maintained in the \n United States by an organization--\n ``(i) described in section 501(c)(3) and \n exempt from tax under section 501(a), and\n ``(ii) organized primarily for educational \n purposes,\n ``(B) which is part of a plan of one or more local \n education agencies (as defined in section 9101 of the \n Elementary and Secondary Education Act of 1965) of the \n State in which such trust is established and maintained \n to provide scholarships to children of such agencies, \n and\n ``(C) the written governing instrument of which--\n ``(i) requires that the income of the trust \n be used exclusively to provide qualified \n scholarships (as defined in section 117(b)) to \n individuals who--\n ``(I) are candidates for a degree \n at an institution of higher education \n (within the meaning given such term by \n section 101 of the Higher Education Act \n of 1965 (20 U.S.C. 1001)), and\n ``(II) have demonstrated financial \n need in accordance with section 471 of \n such Act (20 U.S.C. 1087kk), and\n ``(ii) requires that the assets of the \n trust not be distributed for any purpose.\n ``(c) Limitations.--\n ``(1) In general.--There is a national qualified college \n scholarship funding contribution limitation of $1,000,000,000.\n ``(2) Allocation of limitation.--\n ``(A) In general.--Such national limitation shall \n be allocated by the Secretary among the qualified \n scholarship funding trusts which have registered with \n the Secretary on or before the 180th day after the date \n of the enactment of this section. Each trust's share of \n such national limitation shall be the amount which \n bears the same ratio to such limitation as the number \n of school age children of such trust's sponsoring \n agencies bears to the aggregate number of school age \n children of the sponsoring agencies of all trusts which \n have so registered with the Secretary.\n ``(B) School age children of sponsoring agencies.--\n For purposes of subparagraph (A), the number of school \n age children of a trust's sponsoring agencies is the \n number of children of the local education agencies \n referred to in subsection (b)(2)(B) who have attained \n age 5 but not age 18 for the most recent fiscal year \n ending before the date the allocations under this \n paragraph are made.\n ``(3) Designation subject to allocated limitation amount.--\n The amount of contributions made to a qualified scholarship \n funding trust which may be designated by such trust for \n purposes of this section shall not exceed the limitation amount \n allocated to such trust under paragraph (2).\n ``(4) Maximum allocation per trust.--The maximum qualified \n college scholarship funding contribution limitation which may \n be allocated to each trust is $200,000,000. An amount which may \n not be allocated to a trust by reason of the preceding sentence \n shall be allocated as provided in paragraph (2) among \n registered qualified scholarship funding trusts whose allocated \n limitation (without regard to this sentence) does not exceed \n $200,000,000.\n ``(d) Application With Other Credits.--The credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess (if \nany) of--\n ``(1) the regular tax liability (as defined in section \n 26(b)) reduced by the sum of the credits allowable under \n subpart A and sections 27, 30, 30B, and 30C, over\n ``(2) the tentative minimum tax for the taxable year.\n ``(e) Application of Section.--This section shall apply only to \ncontributions made during the 3-year period beginning on the 180th day \nafter the date of the enactment of this section.''.\n (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 30D. Contributions to trust used to provide need-based college \n scholarships.''.\n (c) Effective Date.--The amendments made by this section shall \napply to contributions made on or after the 180th day after the date of \nthe enactment of this Act in taxable years ending after such date.","summary":"Communities Committed to College Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 50 of any contribution to a tax-exempt scholarship funding trust established to provide scholarships for individuals with demonstrated financial need to attend institutions of higher education.","title":"To amend the Internal Revenue Code of 1986 to allow a credit against income tax for contributions to a trust used to provide need-based college scholarships.","text_len":6718,"sum_len":310} {"bill_id":"107_s120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Master Teacher Act of 2001''.\n\nSEC. 2. MASTER TEACHER DEMONSTRATION PROJECT.\n\n (a) Definitions.--In this section:\n (1) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n (2) Master teacher.--The term ``master teacher'' means a \n teacher who--\n (A) is licensed or credentialed under State law;\n (B) has been teaching for at least 5 years in a \n public or private school or institution of higher \n education;\n (C) is selected upon application, is judged to be \n an excellent teacher, and is recommended by \n administrators and other teachers who are knowledgeable \n of the individual's performance;\n (D) at the time of submission of such application, \n is teaching and based in a public school;\n (E) assists other teachers in improving \n instructional strategies, improves the skills of other \n teachers, performs mentoring, develops curriculum, and \n offers other professional development; and\n (F) enters into a contract with the local \n educational agency to continue to teach and serve as a \n master teacher for at least 5 additional years.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (b) Establishment of Demonstration Project.--\n (1) In general.--Not later than July 1, 2002, the Secretary \n shall conduct a demonstration project under which the Secretary \n shall award competitive grants to local educational agencies to \n increase teacher salaries and employee benefits for teachers \n who enter into contracts with the local educational agencies to \n serve as master teachers.\n (2) Requirements.--In awarding grants under the \n demonstration project, the Secretary shall--\n (A) ensure that grants are awarded under the \n demonstration project to a diversity of local \n educational agencies in terms of size of school \n district, location of school district, ethnic and \n economic composition of students, and experience of \n teachers; and\n (B) give priority to local educational agencies in \n school districts that have schools with a high \n proportion of economically disadvantaged students.\n (c) Applications.--In order to receive a grant under the \ndemonstration project, a local educational agency shall submit an \napplication to the Secretary that contains--\n (1) an assurance that funds received under the grant will \n be used in accordance with this section; and\n (2) a detailed description of how the local educational \n agency will use the grant funds to pay the salaries and \n employee benefits for positions designated by the local \n educational agency as master teacher positions.\n (d) Matching Requirement.--The Secretary may not award a grant to a \nlocal educational agency under the demonstration project unless the \nlocal educational agency agrees that, with respect to costs to be \nincurred by the agency in carrying out activities for which the grant \nwas awarded, the agency shall provide (directly, through the State, or \nthrough a combination thereof) in non-Federal contributions an amount \nequal to the amount of the grant awarded to the agency.\n (e) Study and Report.--\n (1) In general.--Not later than July 1, 2005, the Secretary \n shall conduct a study and transmit a report to Congress \n analyzing the results of the demonstration project conducted \n under this section.\n (2) Contents of report.--The report shall include--\n (A) an analysis of the results of the project on--\n (i) the recruitment and retention of \n experienced teachers;\n (ii) the effect of master teachers on \n teaching by less experienced teachers;\n (iii) the impact of mentoring new teachers \n by master teachers; and\n (iv) the impact of master teachers on \n student achievement; and\n (B) recommendations regarding--\n (i) continuing or terminating the \n demonstration project; and\n (ii) establishing a grant program to expand \n the project to additional local educational \n agencies and school districts.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $100,000,000, for the period of \nfiscal years 2002 through 2006.","summary":"Master Teacher Act of 2001 - Directs the Secretary of Education to conduct a demonstration project to increase teacher salaries and employee benefits for teachers who contract with local educational agencies (LEAs) to serve as master teachers. Gives priority to LEAs in school districts that have schools with a high proportion of economically disadvantaged students.","title":"A bill to establish a demonstration project to increase teacher salaries and employee benefits for teachers who enter into contracts with local educational agencies to serve as master teachers.","text_len":5238,"sum_len":367} {"bill_id":"112_hr2886","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Homeland Security, \nIntelligence, and Essential Law Enforcement Departments Act of 2011'' \nor the ``SHIELD Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States Armed Forces represent the finest \n fighting force in the world.\n (2) An interruption in compensation could affect morale and \n cause hardship which would threaten United States security and \n the safety of our troops.\n (3) It is a vital national interest that the United States \n Armed Forces, including reserve components, can operate with \n the assurance that they will continue to receive pay and \n allowances for their service if a funding gap occurs.\n (4) Federal law enforcement officers are highly trained and \n dedicated men and women, committed to protecting liberty, \n public safety, and the security of our Nation from both foreign \n and domestic threats.\n (5) They have no equal in the private sector, and perform a \n role that is both unique and vital to the continuing operation \n of the Federal Government and commerce during times of crisis.\n (6) Each and every day, Federal law enforcement officers \n are engaged around the clock in activities that include, but \n are not limited to, dignitary protection, criminal \n investigation, homeland security, border security, intelligence \n gathering, and fighting waste, fraud and abuse.\n (7) These critical Government functions cannot be \n interrupted due to an absence of Congressional appropriations \n or during periods of a Government shutdown, nor can we expect \n that the threats posed by violent criminals, terrorists and \n America's enemies will lessen during such periods of fiscal \n uncertainty.\n\nSEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE \n AND FEDERAL LAW ENFORCEMENT.\n\n In the event that the total public debt reaches the public debt \nlimit, as established under section 3101 of title 31, United States \nCode, the following payments on obligations incurred by the Government \nof the United States shall be made:\n (1) The pay and allowances of members of the Army, Navy, \n Air Force, Marine Corps, and Coast Guard, including reserve \n components thereof, who perform active service.\n (2) The pay and allowances of critical law enforcement \n officers who are employed by Federal agencies.\n\nSEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW \n ENFORCEMENT DURING A FUNDING GAP.\n\n (a) Appropriation of Funds for Military Pay and Allowances.--During \na period of lapsed appropriations for the Armed Forces, the Secretary \nof the Treasury shall make available to the Secretary of Defense (and \nthe Secretary of Homeland Security in the case of the Coast Guard), out \nof any amounts in the general fund of the Treasury not otherwise \nappropriated, such amounts as the Secretary of Defense (and the \nSecretary of Homeland Security in the case of the Coast Guard) \ndetermines to be necessary to continue to provide pay and allowances \n(without interruption) to members of the Army, Navy, Air Force, Marine \nCorps, and Coast Guard, including reserve components thereof, who \nperform active service during the period of lapsed appropriations.\n (b) Appropriation of Funds for Federal Law Enforcement Officer Pay \nand Allowances.--During a period of lapsed appropriations for a federal \nagency that employs critical law enforcement officers, the Secretary of \nthe Treasury shall make available to the head of such agency, out of \nany amounts in the general fund of the Treasury not otherwise \nappropriated, such amounts as the heads of such agencies determine to \nbe necessary to continue to provide pay and allowances (without \ninterruption) to such critical law enforcement officers during the \nperiod of lapsed appropriations.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Critical law enforcement officer.--The term ``critical \n law enforcement officer'' means an employee--\n (A) who has statutory authority to make arrests or \n apprehensions;\n (B) who is authorized by the agency of the employee \n to carry firearms; and\n (C) whose duties include performing emergency work \n involving the safety of human life or the protection of \n property.\n (2) Period of lapsed appropriations.--The term ``period of \n lapsed appropriations'' means any period during which \n appropriations are not available due to the absence of the \n timely enactment of any Act or joint resolution (including any \n Act or joint resolution making continuing appropriations) \n appropriating funds for the payment of the pay and allowances.\n (3) Total public debt.--The term ``total public debt'' has \n the meaning given such term in section 3130 of title 31, United \n States Code.","summary":"Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011 or SHIELD Act of 2011 - Requires, in the event that the US public debt limit is reached, priority payment of the pay and allowances of: (1) members of the Armed Forces, including reserves, who perform active service. And (2) critical law enforcement officers employed by federal agencies. Requires the Secretary of the Treasury, during a period of lapsed appropriations for the Armed Forces or federal agencies employing critical law enforcement officers, to make available necessary amounts to continue such pay and allowances.","title":"To prioritize the payment of pay and allowances to members of the Armed Forces and Federal law enforcement officers in the event the debt ceiling is reached or there is a funding gap.","text_len":5234,"sum_len":629} {"bill_id":"115_hr3642","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Sexual Assault Victims \nEmpowerment Act'' or the ``Military SAVE Act''.\n\nSEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS WHO ARE \n SURVIVORS OF MILITARY SEXUAL TRAUMA.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall carry \nout a pilot program to furnish hospital care and medical services to \neligible veterans through non-Department health care providers to treat \ninjuries or illnesses which, in the judgment of a professional employed \nby the Department, resulted from a physical assault of a sexual nature, \nbattery of a sexual nature, or sexual harassment which occurred while \nthe veteran was serving on active duty, active duty for training, or \ninactive duty training.\n (b) Duration.--The Secretary shall carry out the pilot program \nunder subsection (a) for a 3-year period. If at the completion of the \npilot program an eligible veteran is receiving hospital care and \nmedical services from a non-Department health care provider under the \npilot program, the Secretary may approve, on a case-by-case basis, the \ncontinuation of such hospital care and medical services from that non-\nDepartment health care provider until the completion of the episode of \ncare.\n (c) Eligible Veterans.--A veteran is eligible to participate in the \npilot program under subsection (a) if the veteran--\n (1) is eligible to receive counseling and appropriate care \n and services under section 1720D of title 38, United States \n Code; and\n (2) resides in a site selected under subsection (d).\n (d) Sites.--\n (1) Selection.--The Secretary shall select not more than \n five sites in which to carry out the pilot program under \n subsection (a). Each site shall meet each of the following \n criteria:\n (A) Except as provided by paragraph (2), the site \n consists of a city with a population between 200,000 \n and 500,000, as determined by the Bureau of the Census \n as of the first day of the pilot program.\n (B) The site is in a State in which the National \n Violence Against Women Prevention Research Center or \n the Centers for Disease Control and Prevention, or \n both, has determined the rate of sexual assault to be a \n substantial problem.\n (C) The site is in a State that, as of the first \n day of the pilot program, has a weighted percentage of \n reported rape of not less than 20 percent but not more \n than 30 percent of sexual assault cases, in accordance \n with the finding of the Centers for Disease Control and \n Prevention contained in the ```Lifetime Prevalence of \n Sexual Violence by any Perpetrator'' (NISVS 2010).\n (2) Rural site.--Not fewer than one site selected under \n paragraph (1) shall be rural, as determined by the Secretary.\n (e) Participation.--\n (1) Election.--Subject to paragraph (2), an eligible \n veteran may elect to participate in the pilot program under \n subsection (a). Such election shall not affect the ability of \n the veteran to receive health care furnished by Department \n providers.\n (2) Number.--Not more than 75 veterans may participate in \n the pilot program under subsection (a) at each site selected \n under subsection (d).\n (3) Choice of non-department health care providers.--An \n eligible veteran who participates in the pilot program under \n subsection (a) may freely choose from which non-Department \n health care provider the veteran receives hospital care or \n medical services under the pilot program, except that the \n Secretary shall--\n (A) ensure that each such non-Department health \n care provider maintains at least the same or similar \n credentials and licenses as those credentials and \n licenses that are required of health care providers of \n the Department, as determined by the Secretary for the \n purposes of this section; and\n (B) make a reasonable effort to ensure that such \n non-Department health care provider is familiar with \n the conditions and concerns that affect members of the \n Armed Forces and veterans and is trained in evidence-\n based psychotherapy.\n (4) Provision of information.--The Secretary shall--\n (A) notify eligible veterans of the ability to make \n an election under paragraph (1); and\n (B) provide to such veterans educational referral \n materials, including through pamphlets and internet \n websites, on the non-Department providers in the sites \n selected under subsection (d).\n (f) Authorization and Monitoring of Care.--In accordance with \nsubsection (e), the Secretary shall ensure that the Department of \nVeterans Affairs authorizes and monitors the hospital care and medical \nservices furnished under the pilot program for appropriateness and \nnecessity. In authorizing and monitoring such care, the Secretary \nshall--\n (1) treat a non-Department health care provider that \n furnishes to such a veteran hospital care or medical services \n under the pilot program as an authorized recipient of records \n of such veteran for purposes of section 7332(b) of title 38, \n United States Code; and\n (2) ensure that such non-Department health care provider \n transmits to the Department such records as the Secretary \n determines appropriate.\n (g) Payments.--\n (1) Current providers.--If a non-Department health care \n provider has entered into a contract, agreement, or other \n arrangement with the Secretary pursuant to another provision of \n law to furnish hospital care or medical services to veterans, \n the Secretary shall pay the health care provider for hospital \n care or medical services furnished under this section using the \n same rates and payment schedules as provided for in such \n contract, agreement, or other arrangement.\n (2) New providers.--If a non-Department health care \n provider has not entered into a contract, agreement, or other \n arrangement with the Secretary pursuant to another provision of \n law to furnish hospital care or medical services to veterans, \n the Secretary shall pay the health care provider for hospital \n care or medical services furnished under this section using the \n same rates and payment schedule as if such care and services \n was furnished pursuant to section 1703 of title 38, United \n States Code.\n (3) New contracts and agreements.--The Secretary shall take \n reasonable efforts to enter into a contract, agreement, or \n other arrangement with a non-Department health care provider \n described in subsection (a) to ensure that future care and \n services authorized by the Secretary and furnished by the \n provider are subject to such a contract, agreement, or other \n arrangement.\n (h) Surveys.--The Secretary shall conduct a survey of a sample of \neligible veterans to assess the hospital care and medical services \nfurnished to such veterans either pursuant to this section or section \n1720D of title 38, United States Code, as the case may be.\n (i) Report.--Not later than 60 days before the completion of the \npilot program under subsection (a), the Secretary shall submit to the \nCommittees on Veterans' Affairs of the House of Representatives and the \nSenate a report on the pilot program. The report shall include the \nfollowing:\n (1) The results of the pilot program, including, to the \n extent possible, an assessment of the health outcomes of \n veterans who participated in the pilot program.\n (2) The recommendation of the Secretary with respect to \n extending or making permanent the pilot program.\n (j) Definitions.--In this section:\n (1) The term ``non-Department health care provider'' means \n an entity specified in section 101(a)(1)(B) of section 101 of \n the Veterans Access, Choice, and Accountability Act of 2015 \n (Public Law 113-146; 38 U.S.C. 1701) or any other health care \n provider that has entered into a contract, agreement, or other \n arrangement with the Secretary pursuant to another provision of \n law to furnish hospital care or medical services to veterans.\n (2) The term ``sexual harassment'' has the meaning given \n that term in section 1720D of title 38, United States Code.\n (3) The term ``State'' has the meaning given that term in \n section 101(20) of title 38, United States Code.\n\nSEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to be appropriated to carry out \nthe requirements of this Act. Such requirements shall be carried out \nusing amounts otherwise authorized to be appropriated.\n\n Passed the House of Representatives May 21, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Military Sexual Assault Victims Empowerment Act or the Military SAVE Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training. Program participation shall not affect a veteran's ability to receive VA health care. An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements. The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site. The bill sets forth payment provisions for current and new non-VA providers.","title":"Military Sexual Assault Victims Empowerment Act","text_len":9670,"sum_len":973} {"bill_id":"113_hr3636","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Update, Promote, and Develop \nAmerica's Transportation Essentials Act of 2013''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--The Congress finds the following:\n (1) Since the passage of SAFETEA-LU, Congress has \n transferred over $50 billion from the General Fund to the \n Highway Trust Fund, in order to maintain solvency.\n (2) The Congressional Budget Office estimates after the end \n of Fiscal year 2014, annual General Fund transfers of \n approximately $15 billion will be necessary in order to \n maintain current Highway Trust Fund spending levels.\n (3) The Congressional Budget Office also estimates that in \n order to provide funding for surface transportation projects \n where the Federal benefit outweighs the cost, an additional $83 \n billion a year would need to be allocated to the Highway and \n Transit Trust Funds.\n (4) The American Society for Civil Engineers estimates that \n in order to meet our economic and transportation needs, the \n United States should invest at least an additional $500 billion \n in our surface transportation system by 2020.\n (5) The National Commission on Fiscal Reform and \n Responsibility report, often referred to as the ``Simpson-\n Bowles'' plan, includes a recommendation to raise the gas tax \n by fifteen cents.\n (6) The National Surface Transportation Infrastructure \n Financing Commission recommended, in their 2009 report, that \n Congress take action to prevent the Highway Trust Fund from \n becoming insolvent, and to avoid any reductions in \n infrastructure spending. The Commission also noted that a \n Federal funding system based on a vehicle miles traveled \n system, is the consensus choice for the future.\n (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the \nsense of Congress that by 2024 the gas tax should be repealed and \nreplaced with a more sustainable, stable funding source.\n\nSEC. 3. TAX ON MOTOR FUELS.\n\n (a) Gasoline Other Than Aviation Gasoline.--Section \n4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to \nread as follows:\n ``(i) in the case of gasoline other than \n aviation gasoline--\n ``(I) for tax imposed before 2014, \n 18.3 cents per gallon,\n ``(II) for tax imposed during 2014, \n 26.3 cents per gallon,\n ``(III) for tax imposed during \n 2015, 30.3 cents per gallon, and\n ``(IV) for tax imposed after 2015 \n and before 2025, 33.3 cents per \n gallon,''.\n (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the \nInternal Revenue Code of 1986 is amended to read as follows:\n ``(iii) in the case of diesel fuel or \n kerosene--\n ``(I) for tax imposed before 2014, \n 24.3 cents per gallon,\n ``(II) for tax imposed during 2014, \n 32.3 cents per gallon,\n ``(III) for tax imposed during \n 2015, 36.3 cents per gallon, and\n ``(IV) for tax imposed after 2015 \n and before 2025, 39.3 cents per \n gallon,''.\n (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of \nsuch Code is amended by adding at the end the following:\n ``(E) Adjustment for inflation.--In the case of any \n calendar year beginning after 2016, the rates of tax \n contained in clauses (i)(IV) and (iii)(IV) of \n subparagraph (A) shall each be increased by an amount \n equal to--\n ``(i) such rate, multiplied by\n ``(ii) the cost of living adjustment \n determined under section 1(f)(3) for the \n calendar year, determined by substituting \n `calendar year 2015' for `calendar year 1992' \n in subparagraph (B) thereof.\n Any increase under the preceding sentence shall be \n rounded to the nearest 0.1 cents.''.\n (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the \nInternal Revenue Code of 1986 is amended by striking ``19.7 cents'' for \n``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate \nin effect under subparagraph (A) (without regard to this \nsubparagraph)''.\n (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code \nof 1986 is amended by striking ``September 30, 2016'' and inserting \n``December 31, 2024''.\n (f) Effective Date.--The amendments made by this section shall \napply to fuels or liquids removed, entered, or sold after December 31, \n2013.\n\nSEC. 4. FLOOR STOCKS TAX.\n\n (a) Imposition of Tax.--In the case of any taxable liquid which is \nheld on the floor stocks tax date by any person, there is hereby \nimposed a floor stocks tax equal to the excess of the tax which would \nbe imposed on such liquid under section 4041 or 4081 of the Internal \nRevenue Code of 1986 had the taxable event occurred on the floor stocks \ntax date over the tax paid under any such section on such liquid.\n (b) Liability for Tax and Method of Payment.--\n (1) Liability for tax.--A person holding a liquid on the \n floor stocks tax date to which the tax imposed by subsection \n (a) applies shall be liable for such tax.\n (2) Method of payment.--The tax imposed by subsection (a) \n shall be paid in such manner as the Secretary shall prescribe.\n (3) Time of payment.--The tax imposed by subsection (a) \n shall be paid on or before the date which is 6 months after the \n floor stocks tax date.\n (c) Definitions.--For purposes of this section--\n (1) Held by a person.--A liquid shall be considered as held \n by a person if title thereto has passed to such person (whether \n or not delivery to the person has been made).\n (2) Taxable liquid.--The term ``taxable liquid'' means \n diesel fuel and kerosene (other than aviation-grade kerosene).\n (3) Floor stocks date.--The term ``floor stocks tax date'' \n means any January 1 of any calendar year beginning after the \n date of the enactment of this Act on which a rate of tax under \n section 4041 or 4081 of such Code increases pursuant to an \n amendment made by section 2.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n (d) Exception for Exempt Uses.--The tax imposed by subsection (a) \nshall not apply to taxable liquid held by any person exclusively for \nany use to the extent a credit or refund of the tax imposed by a \nsection of such Code is allowable for such use.\n (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be \nimposed by subsection (a) on taxable liquid held in the tank of a motor \nvehicle or motorboat.\n (f) Exception for Certain Amounts of Fuel.--\n (1) In general.--No tax shall be imposed by subsection (A) \n on any liquid held on the floor stocks tax date by any person \n if the aggregate amount of liquid held by such person on such \n date does not exceed 2,000 gallons. The preceding sentence \n shall apply only if such person submits to the Secretary (at \n the time and in the manner required by the Secretary) such \n information as the Secretary shall require for purposes of this \n paragraph.\n (2) Exempt fuel.--For purposes of paragraph (1), there \n shall not be taken into account fuel held by any person which \n is exempt from the tax imposed by subsection (a) by reason of \n subsection (d) or (e).\n (3) Controlled groups.--For purposes of this section--\n (A) Corporations.--\n (i) In general.--All persons treated as a \n controlled group shall be treated as 1 person.\n (ii) Controlled group.--The term \n ``controlled group'' has the meaning given to \n such term by subsection (a) of section 1563 of \n such Code; except that for such purposes the \n phrase ``more than 50 percent'' shall be \n substituted for the phrase ``at least 80 \n percent'' each place it appears in such \n subsection.\n (B) Nonincorporated persons under common control.--\n Under regulations prescribed by the Secretary, \n principles similar to the principles of clause (i) \n shall apply to a group of persons under common control \n where one or more of such persons is not a corporation.\n (g) Other Laws Applicable.--All provisions of law, including \npenalties, applicable with respect to the taxes imposed by chapter 31 \nor 32 of such Code shall, insofar as applicable and not inconsistent \nwith the provisions of this section, apply with respect to the floor \nstock taxes imposed by subsection (a) to the same extent as if such \ntaxes were imposed by such chapter.","summary":"Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024,nbsp. The gas tax should be repealed and replaced with a more sustainable, stable funding source. Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024. Imposes a floor stocks tax onnbsp, rate increases for gasoline, diesel fuel, andnbsp. Kerosene , subject to specified exemptions for exempt uses and low-volume producers.","title":"Update, Promote, and Develop America's Transportation Essentials Act of 2013","text_len":9842,"sum_len":809} {"bill_id":"107_hr4607","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Joseph Moakley Memorial Fire Safe \nCigarette Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Cigarette ignited fires are the leading cause of fire \n deaths in the United States.\n (2) In 1998 there were 903 deaths from cigarette ignited \n fires, 2,453 civilian injuries from such fires, and \n $411,700,000 in property damage caused by such fires.\n (3) Nearly 100 children are killed each year from cigarette \n related fires.\n (4) The results accomplished under the Cigarette Safety Act \n of 1984 and the Fire Safe Cigarette Act of 1990 complete the \n necessary technical work for a cigarette fire safety standard.\n (5) It is appropriate for Congress to require by law the \n establishment of a cigarette fire safety standard for the \n manufacture and importation of cigarettes.\n (6) A recent study by the Consumer Product Safety \n Commission found that the cost of the loss of human life and \n personal property from not having a cigarette fire safety \n standard is $4,600,000,000 a year.\n (7) It is appropriate that the regulatory expertise of the \n Consumer Product Safety Commission be used to implement a \n cigarette fire safety standard.\n\nSEC. 3. CIGARETTE FIRE SAFETY STANDARD.\n\n (a) In General.--\n (1) Requirement for standard.--Not later than 18 months \n after the date of the enactment of this Act, the Commission \n shall, by rule, prescribe one or more fire safety standards for \n cigarettes to reduce the risk of ignition presented by \n cigarettes.\n (2) General test requirements.--\n (A) Testing methodology.--Except as provided in \n paragraph (3), in establishing standards under \n paragraph (1), the Commission shall use the testing \n methodology for determining the ignition propensity of \n cigarettes referred to in ``Relative Ignition \n Propensity of Test Market Cigarettes--National \n Institute of Standards and Technology--NIST Technical \n Note 1436, January, 2001--Appendix D: Cigarette \n Extinction Method'', together with any requirements \n specified in this paragraph.\n (B) Additional requirement.--Testing shall be \n conducted on 10 layers of filter paper, as described in \n the testing methodology referred to in subparagraph \n (A).\n (C) Complete test trial.--Forty replicate tests \n shall be required to comprise a complete test trial for \n each cigarette tested. Test results and the application \n of an acceptance criterion shall be derived only for \n complete test trials comprised of 40 replicate tests.\n (D) Test failure.--A test failure shall consist of \n more than 25 percent of the cigarettes tested in a test \n trial failing to self-extinguish before burning the \n full length of the tobacco column.\n (3) Cigarettes with unique characteristics.--In \n establishing standards under paragraph (1) with respect to a \n cigarette that cannot be tested using the testing methodology \n referred to in paragraph (2) because of unique or \n nontraditional characteristics, the Commission shall accept a \n testing methodology and acceptance criterion that are proposed \n by the manufacturer or manufacturers of the cigarette if the \n Commission, after review of the application of the proposed \n testing methodology and acceptance criterion, determines that \n the cigarette has an ignition propensity equivalent to or less \n than cigarettes that pass the acceptance criterion referred to \n in paragraph (2).\n (4) Cigarette paper.--In addition to establishing standards \n under paragraph (1), the Commission may also regulate the \n ignition propensity of cigarette paper for roll-your-own \n tobacco products.\n (5) Exercise of authority.--If the Commission does not \n prescribe the standard required by paragraph (1) within the \n time specified in that paragraph, paragraph (1) shall continue \n to apply, and the provisions of paragraph (2) shall be in \n effect as a consumer product safety standard under the Consumer \n Product Safety Act (15 U.S.C. 2051 et seq.) until the \n Commission prescribes the standard under paragraph (1).\n (b) Stockpiling.--\n (1) In general.--The Commission shall include in the rule \n prescribed under subsection (a) a prohibition on the \n stockpiling of cigarettes to which the fire safety standards in \n the rule will apply.\n (2) Stockpiling defined.--In this subsection, the term \n ``stockpiling'', in the case of a cigarette to which a standard \n under subsection (a) will apply, means the manufacturing or \n importing of the cigarette, between the date the standard is \n issued and the date the standard takes effect, at a rate \n greater than the rate the cigarette was manufactured or \n imported during the one-year period ending on the date the \n standard is issued.\n (c) Procedure.--\n (1) In general.--The rule under subsection (a), and any \n modification thereof, shall be prescribed in accordance with \n the provisions of section 553 of title 5, United States Code.\n (2) Modifications.--\n (A) Modification by sponsor.--If the sponsor of the \n testing methodology under subsection (a)(2) modifies \n the testing methodology in any material respect, the \n sponsor shall notify the Commission of the \n modification, and the Commission may incorporate the \n modification in the rule prescribed under subsection \n (a) if the Commission determines that the modification \n will enhance a fire safety standard established under \n subsection (a)(2).\n (B) Modification by commission.--The Commission may \n modify the rule prescribed under subsection (a), \n including the test requirements specified in subsection \n (a)(2), in whole or in part, if the Commission \n determines that compliance with such modification is \n technically feasible and will enhance a fire safety \n standard established under that subsection. Any such \n modification shall not take effect earlier than 3 years \n after the date on which the rule is first issued.\n (3) Inapplicability of certain laws.--No Federal law, or \n any Executive order, other than the rulemaking and review \n provisions of title 5, United States Code, that are commonly \n referred to as the Administrative Procedures Act, may be \n construed to apply to the promulgation of the rule required by \n subsection (a), or the modification of the rule under paragraph \n (2), including the following:\n (A) The Consumer Product Safety Act (15 U.S.C. 2051 \n et seq.).\n (B) Chapter 6 of title 5, United States Code.\n (C) The National Environmental Policy Act of 1969 \n (42 U.S.C. 4321 et seq.).\n (D) The Small Business Regulatory Enforcement \n Fairness Act of 1996 (Public Law 104-121), and the \n amendments made by that Act.\n (d) Effective Date.--The Commission shall specify in the rule \nprescribed under subsection (a) the effective date of the rule. The \neffective date may not be later than 30 months after the date of the \nenactment of this Act.\n (e) Treatment of Standard.--\n (1) In general.--The fire safety standard promulgated under \n subsection (a) shall be treated as a consumer product safety \n standard promulgated under the Consumer Product Safety Act (15 \n U.S.C. 2051 et seq.).\n (2) Treatment of cigarettes.--A cigarette shall be treated \n as a consumer product under section 3(a)(1)(B) of the Consumer \n Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of \n implementing and enforcing compliance with this Act and the \n standard promulgated under this Act, including for purposes of \n sections 17 and 18 of the Consumer Product Safety Act (15 \n U.S.C. 2066, 2067).\n\nSEC. 4. PREEMPTION.\n\n (a) In General.--This Act, and any cigarette fire safety standard \nestablished under section 3, may not be construed to preempt or \notherwise affect in any way any law or regulation of a State or \npolitical subdivision thereof which prescribes a fire safety standard \nfor cigarettes which is more stringent than a fire safety standard \nestablished under section 3.\n (b) Private Remedies.--The provisions of section 25 of the Consumer \nProduct Safety Act (15 U.S.C. 2074) shall apply with respect to the \nfire safety standard promulgated under subsection (a).\n\nSEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.\n\n Except as otherwise provided in this Act, the Commission shall have \nno jurisdiction over tobacco or tobacco products.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission.\n (2) Cigarette.--The term ``cigarette'' has the meaning \n given that term in section 3(1) of the Federal Cigarette \n Labeling and Advertising Act (15 U.S.C. 1332(1)).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated to the Consumer Product Safety Commission for fiscal \nyear 2002, $2,000,000 for purposes of carrying out this Act.\n (b) Availability.--Amounts authorized to be appropriated by \nsubsection (a) shall remain available until expended.","summary":"Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes . Sets forth general test requirements. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.","title":"To provide for fire safety standards for cigarettes, and for other purposes.","text_len":10398,"sum_len":353} {"bill_id":"109_s2140","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Children from Sexual \nExploitation Act of 2005''.\n\nSEC. 2. RECORD KEEPING OF DIGITAL IMAGES.\n\n Section 2257 of title 18, United States Code, is amended--\n (1) in subsection (a), by inserting after ``videotape,'' \n the following: ``digital image, digitally- or computer-\n manipulated image of an actual human being, picture,''; and\n (2) in subsection (f)(4), by inserting after ``video'' the \n following: ``digital image, digitally- or computer-manipulated \n image of an actual human being, picture,''.\n\nSEC. 3. OTHER RECORD KEEPING REQUIREMENTS.\n\n Section 2257 of title 18, United States Code, is amended--\n (1) in subsection (f), by--\n (A) in paragraph (3), by striking ``and'' after the \n semicolon;\n (B) in paragraph (4), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(5) for any person to whom subsection (a) applies to \n refuse to permit the Attorney General or his or her designee to \n conduct an inspection under subsection (c).''; and\n (2) by striking subsection (h) and inserting the following:\n ``(h) In this section--\n ``(1) the term `actual sexually explicit conduct' means \n actual but not simulated conduct as defined in clauses (i) \n through (v) of section 2256(2)(A) of this title;\n ``(2) the term `produces'--\n ``(A) means--\n ``(i) actually filming, videotaping, \n photographing, creating a picture, digital \n image, or digitally- or computer-manipulated \n image of an actual human being;\n ``(ii) digitizing an image, of a visual \n depiction of sexually explicit conduct; or, \n assembling, manufacturing, publishing, \n duplicating, reproducing, or reissuing a book, \n magazine, periodical, film, videotape, digital \n image, or picture, or other matter intended for \n commercial distribution, that contains a visual \n depiction of sexually explicit conduct; or\n ``(iii) inserting on a computer site or \n service a digital image of, or otherwise \n managing the sexually explicit content, of a \n computer site or service that contains a visual \n depiction of, sexually explicit conduct; and\n ``(B) does not include activities that are limited \n to--\n ``(i) photo or film processing, including \n digitization of previously existing visual \n depictions, as part of a commercial enterprise, \n with no other commercial interest in the \n sexually explicit material, printing, and video \n duplication;\n ``(ii) distribution;\n ``(iii) any activity, other than those \n activities identified in subparagraph (A), that \n does not involve the hiring, contracting for, \n managing, or otherwise arranging for the \n participation of the depicted performers;\n ``(iv) the provision of web-hosting \n services when the provider does not, and \n reasonably cannot, manage the sexually explicit \n content of the computer site or service; or\n ``(v) the provision of an electronic \n communication service or remote computing \n service when the provider does not, and \n reasonably cannot, manage the sexually explicit \n content of the computer site or service; and\n ``(3) the term `performer' includes any person portrayed in \n a visual depiction engaging in, or assisting another person to \n engage in, actual sexually explicit conduct.''.\n\nSEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.\n\n (a) In General.--Chapter 110 of title 18, United States Code, is \namended by inserting after section 2257 the following:\n``Sec. 2257A. Record keeping requirements for simulated sexual conduct\n ``(a) Whoever produces any book, magazine, periodical, film, \nvideotape, or other matter that--\n ``(1) contains one or more visual depictions of simulated \n sexually explicit conduct; and\n ``(2) is produced in whole or in part with materials which \n have been mailed or shipped in interstate or foreign commerce, \n or is shipped or transported or is intended for shipment or \n transportation in interstate or foreign commerce;\nshall create and maintain individually identifiable records pertaining \nto every performer portrayed in such a visual depiction.\n ``(b) Any person to whom subsection (a) applies shall, with respect \nto every performer portrayed in a visual depiction of simulated \nsexually explicit conduct--\n ``(1) ascertain, by examination of an identification \n document containing such information, the performer's name and \n date of birth, and require the performer to provide such other \n indicia of his or her identity as may be prescribed by \n regulations;\n ``(2) ascertain any name, other than the performer's \n present and correct name, ever used by the performer including \n maiden name, alias, nickname, stage, or professional name; and\n ``(3) record in the records required by subsection (a) the \n information required by paragraphs (1) and (2) and such other \n identifying information as may be prescribed by regulation.\n ``(c) Any person to whom subsection (a) applies shall maintain the \nrecords required by this section at their business premises, or at such \nother place as the Attorney General may by regulation prescribe and \nshall make such records available to the Attorney General for \ninspection at all reasonable times.\n ``(d)(1) No information or evidence obtained from records required \nto be created or maintained by this section shall, except as provided \nin this section, directly or indirectly, be used as evidence against \nany person with respect to any violation of law.\n ``(2) Paragraph (1) shall not preclude the use of such information \nor evidence in a prosecution or other action for a violation of this \nchapter or chapter 71, or for a violation of any applicable provision \nof law with respect to the furnishing of false information.\n ``(e)(1) Any person to whom subsection (a) applies shall cause to \nbe affixed to every copy of any matter described in subsection (a)(1) \nin such manner and in such form as the Attorney General shall by \nregulations prescribe, a statement describing where the records \nrequired by this section with respect to all performers depicted in \nthat copy of the matter may be located.\n ``(2) If the person to whom subsection (a) applies is an \norganization the statement required by this subsection shall include \nthe name, title, and business address of the individual employed by \nsuch organization responsible for maintaining the records required by \nthis section.\n ``(f) It shall be unlawful--\n ``(1) for any person to whom subsection (a) applies to fail \n to create or maintain the records as required by subsections \n (a) and (c) or by any regulation promulgated under this \n section;\n ``(2) for any person to whom subsection (a) applies \n knowingly to make any false entry in or knowingly to fail to \n make an appropriate entry in, any record required by subsection \n (b) or any regulation promulgated under this section;\n ``(3) for any person to whom subsection (a) applies \n knowingly to fail to comply with the provisions of subsection \n (e) or any regulation promulgated pursuant to that subsection; \n or\n ``(4) for any person knowingly to sell or otherwise \n transfer, or offer for sale or transfer, any book, magazine, \n periodical, film, video, or other matter, produced in whole or \n in part with materials which have been mailed or shipped in \n interstate or foreign commerce or which is intended for \n shipment in interstate or foreign commerce, that--\n ``(A) contains one or more visual depictions made \n after the date of enactment of this subsection of \n simulated sexually explicit conduct; and\n ``(B) is produced in whole or in part with \n materials which have been mailed or shipped in \n interstate or foreign commerce, or is shipped or \n transported or is intended for shipment or \n transportation in interstate or foreign commerce;\n which does not have affixed thereto, in a manner prescribed as \n set forth in subsection (e)(1), a statement describing where \n the records required by this section may be located, but such \n person shall have no duty to determine the accuracy of the \n contents of the statement or the records required to be kept; \n and\n ``(5) for any person to whom subsection (a) applies to \n refuse to permit the Attorney General or his or her designee to \n conduct an inspection under subsection (c).\n ``(g) As used in this section, the terms `simulated sexually \nexplicit conduct', `produces', and `performer' have the same meaning as \nin section 2257(h) of this title.\n ``(h)(1) Whoever violates this section shall be imprisoned for not \nmore than 1 year, and fined in accordance with the provisions of this \ntitle, or both.\n ``(2) Whoever violates this section in an effort to conceal a \nsubstantive offense involving the causing, transporting, permitting or \noffering or seeking by notice or advertisement, a minor to engage in \nsexually explicit conduct for the purpose of producing a visual \ndepiction of such conduct in violation of this title, or to conceal a \nsubstantive offense that involved trafficking in material involving the \nsexual exploitation of a minor, including receiving, transporting, \nadvertising, or possessing material involving the sexual exploitation \nof a minor with intent to traffic, in violation of this title, shall be \nimprisoned for not more than 5 years and fined in accordance with the \nprovisions of this title, or both.\n ``(3) Whoever violates paragraph (2) after having been previously \nconvicted of a violation punishable under that paragraph shall be \nimprisoned for any period of years not more than 10 years but not less \nthan 2 years, and fined in accordance with the provisions of this \ntitle, or both.''.\n (b) Chapter Analysis.--The chapter analysis for chapter 110 of \ntitle 18, United States Code, is amended by inserting after the item \nfor section 2257 the following:\n\n ``2257A. Record keeping requirements for simulated sexual \n conduct.''.","summary":"Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.","title":"A bill to enhance protection of children from sexual exploitation by strengthening section 2257 of title 18, United States Code, requiring producers of sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes.","text_len":11597,"sum_len":589} {"bill_id":"109_hr6057","text":"SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN \n OR LOSS.\n\n (a) In General.--Part II of subchapter O of chapter 1 (relating to \nbasis rules of general application) is amended by redesignating section \n1023 as section 1024 and by inserting after section 1022 the following \nnew section:\n\n``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING \n GAIN OR LOSS.\n\n ``(a) General Rule.--\n ``(1) Indexed basis substituted for adjusted basis.--Solely \n for purposes of determining gain or loss on the sale or other \n disposition by a taxpayer (other than a corporation) of an \n indexed asset which has been held for more than 3 years, the \n indexed basis of the asset shall be substituted for its \n adjusted basis.\n ``(2) Exception for depreciation, etc.--The deductions for \n depreciation, depletion, and amortization shall be determined \n without regard to the application of paragraph (1) to the \n taxpayer or any other person.\n ``(b) Indexed Asset.--\n ``(1) In general.--For purposes of this section, the term \n `indexed asset' means--\n ``(A) common stock in a C corporation (other than a \n foreign corporation), and\n ``(B) tangible property,\n which is a capital asset or property used in the trade or \n business (as defined in section 1231(b)).\n ``(2) Stock in certain foreign corporations included.--For \n purposes of this section--\n ``(A) In general.--The term `indexed asset' \n includes common stock in a foreign corporation which is \n regularly traded on an established securities market.\n ``(B) Exception.--Subparagraph (A) shall not apply \n to--\n ``(i) stock of a foreign investment \n company,\n ``(ii) stock in a passive foreign \n investment company (as defined in section \n 1296),\n ``(iii) stock in a foreign corporation held \n by a United States person who meets the \n requirements of section 1248(a)(2), and\n ``(iv) stock in a foreign personal holding \n company.\n ``(C) Treatment of american depository receipts.--\n An American depository receipt for common stock in a \n foreign corporation shall be treated as common stock in \n such corporation.\n ``(c) Indexed Basis.--For purposes of this section--\n ``(1) General rule.--The indexed basis for any asset is--\n ``(A) the adjusted basis of the asset, increased by\n ``(B) the applicable inflation adjustment.\n ``(2) Applicable inflation adjustment.--The applicable \n inflation adjustment for any asset is an amount equal to--\n ``(A) the adjusted basis of the asset, multiplied \n by\n ``(B) the percentage (if any) by which--\n ``(i) the gross domestic product deflator \n for the last calendar quarter ending before the \n asset is disposed of, exceeds\n ``(ii) the gross domestic product deflator \n for the last calendar quarter ending before the \n asset was acquired by the taxpayer.\n The percentage under subparagraph (B) shall be rounded to the \n nearest \\1\/10\\ of 1 percentage point.\n ``(3) Gross domestic product deflator.--The gross domestic \n product deflator for any calendar quarter is the implicit price \n deflator for the gross domestic product for such quarter (as \n shown in the last revision thereof released by the Secretary of \n Commerce before the close of the following calendar quarter).\n ``(d) Suspension of Holding Period Where Diminished Risk of Loss; \nTreatment of Short Sales.--\n ``(1) In general.--If the taxpayer (or a related person) \n enters into any transaction which substantially reduces the \n risk of loss from holding any asset, such asset shall not be \n treated as an indexed asset for the period of such reduced \n risk.\n ``(2) Short sales.--\n ``(A) In general.--In the case of a short sale of \n an indexed asset with a short sale period in excess of \n 3 years, for purposes of this title, the amount \n realized shall be an amount equal to the amount \n realized (determined without regard to this paragraph) \n increased by the applicable inflation adjustment. In \n applying subsection (c)(2) for purposes of the \n preceding sentence, the date on which the property is \n sold short shall be treated as the date of acquisition \n and the closing date for the sale shall be treated as \n the date of disposition.\n ``(B) Short sale period.--For purposes of \n subparagraph (A), the short sale period begins on the \n day that the property is sold and ends on the closing \n date for the sale.\n ``(e) Treatment of Regulated Investment Companies and Real Estate \nInvestment Trusts.--\n ``(1) Adjustments at entity level.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the adjustment under subsection (a) \n shall be allowed to any qualified investment entity \n (including for purposes of determining the earnings and \n profits of such entity).\n ``(B) Exception for corporate shareholders.--Under \n regulations--\n ``(i) in the case of a distribution by a \n qualified investment entity (directly or \n indirectly) to a corporation--\n ``(I) the determination of whether \n such distribution is a dividend shall \n be made without regard to this section, \n and\n ``(II) the amount treated as gain \n by reason of the receipt of any capital \n gain dividend shall be increased by the \n percentage by which the entity's net \n capital gain for the taxable year \n (determined without regard to this \n section) exceeds the entity's net \n capital gain for such year determined \n with regard to this section, and\n ``(ii) there shall be other appropriate \n adjustments (including deemed distributions) so \n as to ensure that the benefits of this section \n are not allowed (directly or indirectly) to \n corporate shareholders of qualified investment \n entities.\n For purposes of the preceding sentence, any amount \n includible in gross income under section 852(b)(3)(D) \n shall be treated as a capital gain dividend and an S \n corporation shall not be treated as a corporation.\n ``(C) Exception for qualification purposes.--This \n section shall not apply for purposes of sections 851(b) \n and 856(c).\n ``(D) Exception for certain taxes imposed at entity \n level.--\n ``(i) Tax on failure to distribute entire \n gain.--If any amount is subject to tax under \n section 852(b)(3)(A) for any taxable year, the \n amount on which tax is imposed under such \n section shall be increased by the percentage \n determined under subparagraph (B)(i)(II). A \n similar rule shall apply in the case of any \n amount subject to tax under paragraph (2) or \n (3) of section 857(b) to the extent \n attributable to the excess of the net capital \n gain over the deduction for dividends paid \n determined with reference to capital gain \n dividends only. The first sentence of this \n clause shall not apply to so much of the amount \n subject to tax under section 852(b)(3)(A) as is \n designated by the company under section \n 852(b)(3)(D).\n ``(ii) Other taxes.--This section shall not \n apply for purposes of determining the amount of \n any tax imposed by paragraph (4), (5), or (6) \n of section 857(b).\n ``(2) Adjustments to interests held in entity.--\n ``(A) Regulated investment companies.--Stock in a \n regulated investment company (within the meaning of \n section 851) shall be an indexed asset for any calendar \n quarter in the same ratio as--\n ``(i) the average of the fair market values \n of the indexed assets held by such company at \n the close of each month during such quarter, \n bears to\n ``(ii) the average of the fair market \n values of all assets held by such company at \n the close of each such month.\n ``(B) Real estate investment trusts.--Stock in a \n real estate investment trust (within the meaning of \n section 856) shall be an indexed asset for any calendar \n quarter in the same ratio as--\n ``(i) the fair market value of the indexed \n assets held by such trust at the close of such \n quarter, bears to\n ``(ii) the fair market value of all assets \n held by such trust at the close of such \n quarter.\n ``(C) Ratio of 80 percent or more.--If the ratio \n for any calendar quarter determined under subparagraph \n (A) or (B) would (but for this subparagraph) be 80 \n percent or more, such ratio for such quarter shall be \n 100 percent.\n ``(D) Ratio of 20 percent or less.--If the ratio \n for any calendar quarter determined under subparagraph \n (A) or (B) would (but for this subparagraph) be 20 \n percent or less, such ratio for such quarter shall be \n zero.\n ``(E) Look-thru of partnerships.--For purposes of \n this paragraph, a qualified investment entity which \n holds a partnership interest shall be treated (in lieu \n of holding a partnership interest) as holding its \n proportionate share of the assets held by the \n partnership.\n ``(3) Treatment of return of capital distributions.--Except \n as otherwise provided by the Secretary, a distribution with \n respect to stock in a qualified investment entity which is not \n a dividend and which results in a reduction in the adjusted \n basis of such stock shall be treated as allocable to stock \n acquired by the taxpayer in the order in which such stock was \n acquired.\n ``(4) Qualified investment entity.--For purposes of this \n subsection, the term `qualified investment entity' means--\n ``(A) a regulated investment company (within the \n meaning of section 851), and\n ``(B) a real estate investment trust (within the \n meaning of section 856).\n ``(f) Other Pass-Thru Entities.--\n ``(1) Partnerships.--\n ``(A) In general.--In the case of a partnership, \n the adjustment made under subsection (a) at the \n partnership level shall be passed through to the \n partners.\n ``(B) Special rule in the case of section 754 \n elections.--In the case of a transfer of an interest in \n a partnership with respect to which the election \n provided in section 754 is in effect--\n ``(i) the adjustment under section \n 743(b)(1) shall, with respect to the transferor \n partner, be treated as a sale of the \n partnership assets for purposes of applying \n this section, and\n ``(ii) with respect to the transferee \n partner, the partnership's holding period for \n purposes of this section in such assets shall \n be treated as beginning on the date of such \n adjustment.\n ``(2) S corporations.--In the case of an S corporation, the \n adjustment made under subsection (a) at the corporate level \n shall be passed through to the shareholders. This section shall \n not apply for purposes of determining the amount of any tax \n imposed by section 1374 or 1375.\n ``(3) Common trust funds.--In the case of a common trust \n fund, the adjustment made under subsection (a) at the trust \n level shall be passed through to the participants.\n ``(4) Indexing adjustment disregarded in determining loss \n on sale of interest in entity.--Notwithstanding the preceding \n provisions of this subsection, for purposes of determining the \n amount of any loss on a sale or exchange of an interest in a \n partnership, S corporation, or common trust fund, the \n adjustment made under subsection (a) shall not be taken into \n account in determining the adjusted basis of such interest.\n ``(g) Dispositions Between Related Persons.--\n ``(1) In general.--This section shall not apply to any sale \n or other disposition of property between related persons except \n to the extent that the basis of such property in the hands of \n the transferee is a substituted basis.\n ``(2) Related persons defined.--For purposes of this \n section, the term `related persons' means--\n ``(A) persons bearing a relationship set forth in \n section 267(b), and\n ``(B) persons treated as single employer under \n subsection (b) or (c) of section 414.\n ``(h) Transfers To Increase Indexing Adjustment.--If any person \ntransfers cash, debt, or any other property to another person and the \nprincipal purpose of such transfer is to secure or increase an \nadjustment under subsection (a), the Secretary may disallow part or all \nof such adjustment or increase.\n ``(i) Special Rules.--For purposes of this section--\n ``(1) Treatment of improvements, etc.--If there is an \n addition to the adjusted basis of any tangible property or of \n any stock in a corporation during the taxable year by reason of \n an improvement to such property or a contribution to capital of \n such corporation--\n ``(A) such addition shall never be taken into \n account under subsection (c)(1)(A) if the aggregate \n amount thereof during the taxable year with respect to \n such property or stock is less than $1,000, and\n ``(B) such addition shall be treated as a separate \n asset acquired at the close of such taxable year if the \n aggregate amount thereof during the taxable year with \n respect to such property or stock is $1,000 or more.\n A rule similar to the rule of the preceding sentence shall \n apply to any other portion of an asset to the extent that \n separate treatment of such portion is appropriate to carry out \n the purposes of this section.\n ``(2) Assets which are not indexed assets throughout \n holding period.--The applicable inflation adjustment shall be \n appropriately reduced for periods during which the asset was \n not an indexed asset.\n ``(3) Treatment of certain distributions.--A distribution \n with respect to stock in a corporation which is not a dividend \n shall be treated as a disposition.\n ``(4) Section cannot increase ordinary loss.--To the extent \n that (but for this paragraph) this section would create or \n increase a net ordinary loss to which section 1231(a)(2) \n applies or an ordinary loss to which any other provision of \n this title applies, such provision shall not apply. The \n taxpayer shall be treated as having a long-term capital loss in \n an amount equal to the amount of the ordinary loss to which the \n preceding sentence applies.\n ``(5) Acquisition date where there has been prior \n application of subsection (a)(1) with respect to the \n taxpayer.--If there has been a prior application of subsection \n (a)(1) to an asset while such asset was held by the taxpayer, \n the date of acquisition of such asset by the taxpayer shall be \n treated as not earlier than the date of the most recent such \n prior application.\n ``(6) Collapsible corporations.--The application of section \n 341(a) (relating to collapsible corporations) shall be \n determined without regard to this section.\n ``(j) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection.''.\n (b) Clerical Amendment.--The table of sections for part II of \nsubchapter O of chapter 1 is amended by striking the item relating to \nsection 1023 and by inserting after the item relating to section 1022 \nthe following new item:\n\n``Sec. 1022. Indexing of certain assets for purposes of determining \n gain or loss.\n``Sec. 1023. Cross references.''.\n (c) Effective Date.--The amendments made by this section shall \napply to dispositions after December 31, 2006, in taxable years ending \nafter such date.","summary":"Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons.","title":"To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss.","text_len":19247,"sum_len":520} {"bill_id":"111_s423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Health Care Budget Reform \nand Transparency Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Title 38, United States Code, authorizes the Secretary \n of Veterans Affairs to furnish hospital and domiciliary care, \n medical services, nursing home care, and related services to \n eligible and enrolled veterans, but only to the extent that \n appropriated resources and facilities are available for such \n purposes.\n (2) For 19 of the past 22 fiscal years, funds have not been \n appropriated for the Department of Veterans Affairs for the \n provision of health care as of the commencement of the new \n fiscal year, causing the Department great challenges in \n planning and managing care for enrolled veterans, to the \n detriment of veterans.\n (3) The cumulative effect of insufficient, late, and \n unpredictable funding for the Department for health care \n endangers the viability of the health care system of the \n Department and impairs the specialized health care resources \n the Department requires to maintain and improve the health of \n sick and disabled veterans.\n (4) Appropriations for the health care programs of the \n Department have too often proven insufficient over the past \n decade, requiring the Secretary to ration health care and \n Congress to approve supplemental appropriations for those \n programs.\n (5) Providing sufficient, timely, and predictable funding \n would ensure the Government meets its obligation to provide \n health care to sick and disabled veterans and ensure that all \n veterans enrolled for health care through the Department have \n ready access to timely and high quality care.\n (6) Providing sufficient, timely, and predictable funding \n would allow the Department to properly plan for and meet the \n needs of veterans.\n\nSEC. 3. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE \n ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) Two-fiscal Year Budget Authority.--\n (1) In general.--Chapter 1 of title 38, United States Code, \n is amended by inserting after section 113 the following new \n section:\n``Sec. 113A. Two-fiscal year budget authority for certain medical care \n accounts\n ``(a) In General.--Beginning with fiscal year 2011, new \ndiscretionary budget authority provided in an appropriations Act for \nthe appropriations accounts of the Department specified in subsection \n(b) shall be made available for the fiscal year involved, and shall \ninclude new discretionary budget authority for such appropriations \naccounts that first become available for the first fiscal year after \nsuch fiscal year.\n ``(b) Medical Care Accounts.--The medical care accounts of the \nDepartment specified in this subsection are the medical care accounts \nof the Veterans Health Administration as follows:\n ``(1) Medical Services.\n ``(2) Medical Support and Compliance.\n ``(3) Medical Facilities.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 1 of such title is amended by inserting \n after the item relating to section 113 the following new item:\n\n``113A. Two-fiscal year budget authority for certain medical care \n accounts.''.\n\nSEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND \n ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT \n OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES.\n\n (a) Study of Adequacy and Accuracy of Baseline Model Projections.--\nThe Comptroller General of the United States shall conduct a study of \nthe adequacy and accuracy of the budget projections made by the \nEnrollee Health Care Projection Model, its equivalent, or other \nmethodologies, as utilized for the purpose of estimating and projecting \nhealth care expenditures of the Department of Veterans Affairs (in this \nsection referred to as the ``Model'') with respect to the fiscal year \ninvolved and the subsequent four fiscal years.\n (b) Reports.--\n (1) In general.--Not later than the date of each year in \n 2011, 2012, and 2013, on which the President submits the budget \n request for the next fiscal year under section 1105 of title \n 31, United States Code, the Comptroller General shall submit to \n the appropriate committees of Congress and to the Secretary a \n report.\n (2) Elements.--Each report under this paragraph shall \n include, for the fiscal year beginning in the year in which \n such report is submitted, the following:\n (A) A statement whether the amount requested in the \n budget of the President for expenditures of the \n Department for health care in such fiscal year is \n consistent with anticipated expenditures of the \n Department for health care in such fiscal year as \n determined utilizing the Model.\n (B) The basis for such statement.\n (C) Such additional information as the Comptroller \n General determines appropriate.\n (3) Availability to the public.--Each report submitted \n under this subsection shall also be made available to the \n public.\n (4) Appropriate committees of congress defined.--In this \n subsection, the term ``appropriate committees of Congress'' \n means--\n (A) the Committees on Veterans' Affairs, \n Appropriations, and the Budget of the Senate; and\n (B) the Committees on Veterans' Affairs, \n Appropriations, and the Budget of the House of \n Representatives.\n ","summary":"Veterans Health Care Budget Reform and Transparency Act of 2009 - Requires, beginning with FY2011, a two-fiscal-year new discretionary budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services, (2) Medical Support and Compliance. And (3) Medical Facilities. Requires the Comptroller General to: (1) conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures. And (2) report during 2011-2013 to the Secretary of Veterans Affairs and the congressional veterans, appropriations, and budget committees on the sufficiency of budget requests for VA health expenditures in relation to the baseline model projections.","title":"A bill to amend title 38, United States Code, to authorize advance appropriations for certain medical care accounts of the Department of Veterans Affairs by providing two-fiscal year budget authority, and for other purposes.","text_len":6795,"sum_len":708} {"bill_id":"108_hr4020","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Veterans Home Nurse \nRecruitment Act of 2004''.\n\nSEC. 2. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS \n HOMES.\n\n (a) In General.--(1) Chapter 17 of title 38, United States Code, is \namended by inserting after section 1743 the following new section:\n``Sec. 1744. Hiring and retention of nurses: payments to assist States\n ``(a) Payment Program.--The Secretary shall make payments to States \nunder this section for the purpose of assisting State homes in the \nhiring and retention of nurses and the reduction of nursing shortages \nat State homes.\n ``(b) Eligible Recipients.--Payments to a State for a fiscal year \nunder this section shall, subject to submission of an application, be \nmade to any State that during that year--\n ``(1) receives per diem payments under this subchapter for \n that fiscal year; and\n ``(2) has in effect an employee incentive scholarship \n program or other employee incentive program at a State home \n designed to promote the hiring and retention of nursing staff \n and to reduce nursing shortages at that home.\n ``(c) Use of Funds Received.--A State may use an amount received \nunder this section only to provide funds for a program described in \nsubsection (b)(2). Any program shall meet such criteria as the \nSecretary may prescribe. In prescribing such criteria, the Secretary \nshall take into consideration the need for flexibility and innovation.\n ``(d) Limitations on Amount of Payment.--(1) A payment under this \nsection may not be used to provide more than 50 percent of the costs \nfor a fiscal year of the employee incentive scholarship or other \nincentive program for which the payment is made.\n ``(2) The amount of the payment to a State under this section for \nany fiscal year is, for each State home in that State with a program \ndescribed in subsection (b)(2), the amount equal to 2 percent of the \namount of payments estimated to be made to that State, for that State \nhome, under section 1741 of this title for that fiscal year.\n ``(e) Applications.--A payment under this section for any fiscal \nyear with respect to any State home may only be made based upon an \napplication submitted by the State seeking the payment with respect to \nthat State home. Any such application shall describe the nursing \nshortage at the State home and the employee incentive scholarship \nprogram or other incentive program described in subsection (c) for \nwhich the payment is sought.\n ``(f) Source of Funds.--Payments under this section shall be made \nfrom funds available for other payments under this subchapter.\n ``(g) Disbursement.--Payments under this section to a State home \nshall be made as part of the disbursement of payments under section \n1741 of this title with respect to that State home.\n ``(h) Use of Certain Receipts.--The Secretary shall require as a \ncondition of any payment under this section that, in any case in which \nthe State home receives a refund payment made by an employee in breach \nof the terms of an agreement for employee assistance that used funds \nprovided under this section, the payment shall be returned to the State \nhome's incentive program account and credited as a non-Federal funding \nsource.\n ``(i) Annual Report From Payment Recipients.--Any State home \nreceiving a payment under this section for any fiscal year, shall, as a \ncondition of the payment, be required to agree to provide to the \nSecretary a report setting forth in detail the use of funds received \nthrough the payment, including a descriptive analysis of how effective \nthe incentive program has been on nurse staffing in the State home \nduring that fiscal year. The report for any fiscal year shall be \nprovided to the Secretary within 60 days of the close of the fiscal \nyear and shall be subject to audit by the Secretary. Eligibility for a \npayment under this section for any later fiscal year is contingent upon \nthe receipt by the Secretary of the annual report under this subsection \nfor the previous year in accordance with this subsection.\n ``(j) Regulations.--The Secretary shall prescribe regulations to \ncarry out this section. The regulations shall include the establishment \nof criteria for the award of payments under this section.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after section 1743 the following new item:\n\n``1744. Hiring and retention of nurses: payments to assist States.''.\n (b) Implementation.--The Secretary of Veterans Affairs shall \nimplement section 1744 of title 38, United States Code, as added by \nsubsection (a), as expeditiously as possible. The Secretary shall \nestablish such interim procedures as necessary so as to ensure that \npayments are made to eligible States under that section commencing not \nlater than January 1, 2005, notwithstanding that regulations under \nsubsection (j) of that section may not have become final.","summary":"State Veterans Home Nurse Recruitment Act of 2004 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs to make payments to States for assisting State veterans' homes in the hiring and retention of nurses and the reduction of nursing shortages at such homes. Makes eligible for such assistance State homes that: (1) currently receive per diem payments from the Secretary for the care of veterans. And (2) have in effect an employee incentive scholarship or other program designed to promote the hiring and retention of nursing staff and reduce nursing shortages. Limits such assistance to no more than 50 percent of the fiscal year costs of such a program. Requires the assistance program to be implemented as expeditiously as possible, so that payments are made to eligible States commencing no later than January 1, 2005.","title":"To amend title 38, United States Code, to establish within the Department of Veterans Affairs a program to assist the States in hiring and retaining nurses at State veterans homes.","text_len":5042,"sum_len":860} {"bill_id":"115_hr1728","text":"SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF \n PREY NATIONAL CONSERVATION AREA, IDAHO.\n\n (a) Definitions.--In this section:\n (1) Conservation area.--The term ``Conservation Area'' \n means the Morley Nelson Snake River Birds of Prey National \n Conservation Area.\n (2) Gateway west.--The term ``Gateway West'' means the \n high-voltage transmission line project in Idaho and Wyoming \n jointly proposed by the entities Idaho Power Company, \n incorporated in the State of Idaho, and Rocky Mountain Power, a \n division of PacifiCorp, an Oregon Corporation.\n (3) Map.--The term ``map'' means the map titled ``Proposed \n Snake River Birds of Prey NCA Boundary Adjustment'' and dated \n October 13, 2016.\n (4) Sage-grouse species.--The term ``sage-grouse species'' \n means the greater sage-grouse (Centrocercus urophasianus) \n (including all distinct population segments).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (b) Areas To Be Added to and Removed From Morley Nelson Snake River \nBirds of Prey National Conservation Area.--The boundary of the \nConservation Area is hereby modified--\n (1) to include--\n (A) the approximately 4726 acres of land generally \n depicted as ``BLM Administered Lands'' on the map, to \n the extent such lands are part of the Lower Saylor \n Creek Allotment those lands would continue to be \n managed by the BLM Jarbidge Field Office until terms of \n the No. CV-04-181-S-BLW Stipulated Settlement Agreement \n are fully met, after which the lands would be managed \n by the Morley Nelson Snake River Birds of Prey National \n Conservation Area office; and\n (B) the approximately 86 acres of land generally \n depicted as ``BOR Administered Lands'' on the map; and\n (2) to exclude--\n (A) the approximately 761 acres land generally \n depicted as ``Segment 8 Revised Proposed Route'' on the \n map, including 125 feet on either side of the center \n line of the Gateway West Transmission line, the Gateway \n West Transmission Line shall be sited so that the \n center line of Segment 8 is no more than 500 feet from \n the center line of the existing Summer Lake \n Transmission Line as described in the Summer Lake \n Transmission Line Right of Way Grant per FLPMA, IDI-\n 008875; and\n (B) the approximately 1,845 acres land generally \n depicted as ``Segment 9 Revised Proposed Route'' on the \n map including 125 feet on either side of the center \n line of the Gateway West Transmission line.\n (c) Right-of-Way and Conditions.--\n (1) Right-of-way.--Notwithstanding any other provision of \n law, not later than 90 days after the date of the enactment of \n this section, the Secretary shall issue to Gateway West a \n right-of-way for the lands described in subsection (b)(2) to be \n used for the construction and maintenance of transmission \n lines, including access roads and activities related to fire \n prevention and suppression. The right-of-way issued under this \n paragraph shall contain the conditions described in subsection \n (c)(2), and be in alignment with the revised proposed routes \n for segments 8 and 9 identified as Alternative 1 in the \n Supplementary Final Environmental Impact Analysis released \n October 5, 2016.\n (2) Conditions.--The conditions that the Secretary shall \n include in the right-of-way described in paragraph (1) shall be \n in accordance with section 505 of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1765) and are as follows:\n (A) Mitigation.--During the time of construction of \n each respective line segment, Gateway West shall \n mitigate for the impacts related to the transmission \n lines in accordance with the Compensatory Mitigation \n and Enhancement framework described in the final \n Supplemental Environmental Impact Statement with the \n stipulation that Compensatory Mitigation and \n Enhancement costs shall not exceed $8,543,440.\n (B) Conservation.--Gateway West shall contribute \n $2,000 per acre of right-of-way in the Conservation \n Area during the time of construction of Segment 8 \n Revised Proposed Route (comprising 761 acres) and \n during the construction of Segment 9 Revised Proposed \n Route (comprising 1,845 acres) to the Bureau of Land \n Management Foundation that shall be used for the \n purpose of conservation, including enhancing National \n Landscape Conservation System Units in Idaho, also \n known as National Conservation Lands.\n (C) Costs.--Gateway West shall pay all costs \n associated with the boundary modification, including \n the costs of any surveys, recording costs, and other \n reasonable costs.\n (D) Other.--Standard terms and conditions in \n accordance with section 505 of the Federal Land Policy \n and Management Act of 1976 (43 U.S.C. 1765).\n (d) Administration.--The Secretary shall--\n (1) administer the lands described in subsection (b)(1) as \n part of the Conservation Area in accordance with Public Law \n 103-64 and as part of the National Landscape Conservation \n System; and\n (2) continue to administer lands described in subsection \n (b)(2), but as lands that are not included in a Conservation \n Area or subject to Public Law 103-64.\n (e) Transfer of Administrative Jurisdiction.--Administrative \njurisdiction over the approximately 86 acres of land depicted as ``BOR \nAdministered Lands'' on the map is hereby transferred from the Bureau \nof Reclamation to the Bureau of Land Management.\n (f) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the Bureau of Land \nManagement.\n (g) Management Plan Amendment.--Not later than 18 months after the \ndate of the enactment of this Act, the Secretary shall amend the \nmanagement plan for the Conservation Area to address the long-term \nmanagement of the lands described in subsection (b)(1) in order to--\n (1) determine appropriate management activities and uses of \n the lands described in subsection (b)(1) consistent with Public \n Law 103-64 and this section;\n (2) continue managing the grazing of livestock on the lands \n described in subsection (b)(1) in which grazing is established \n as of the date of the enactment of this section such that the \n grazing shall be allowed to continue, subject to such \n reasonable regulations, policies, and practices that the \n Secretary considers necessary;\n (3) allow motorized access on roads existing on the lands \n described in subsection (b)(1) on the date of the enactment of \n this section, subject to such reasonable regulations, policies, \n and practices that the Secretary considers necessary; and\n (4) allow hunting and fishing on the lands described in \n subsection (b)(1) consistent with applicable laws and \n regulations.\n\nSEC. 2. COTTEREL WIND POWER PROJECT.\n\n The approximately 203 acres of Federal land identified as ``Project \nArea'' on the map titled ``Cotterel Wind Power Project'' and dated \nMarch 1, 2006, may not be used for the production of electricity from \nwind.\n\nSEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION.\n\n The Secretary of the Interior shall--\n (1) establish a Bureau of Land Management Foundation as a \n charitable and nonprofit corporation under section 501(c)(3) of \n the Internal Revenue Code of 1986; and\n (2) grant to such Foundation the same authorities granted \n to the National Park Foundation for its activities to benefit \n the National Park Service under subchapter II of chapter 1011 \n of title 54, United States Code, for the purpose of providing \n opportunities for the Bureau of Land Management to address a \n variety of specific challenges that could be better addressed \n with the support of a foundation, including--\n (A) reclamation of legacy wells, contaminated \n native lands, and abandoned mine land sites;\n (B) sustainable management of wild horses and \n burros;\n (C) expanded scientific understanding of \n responsible development techniques;\n (D) voluntary conservation activities; and\n (E) proper identification and cataloging of \n cultural and historical treasure on public lands.","summary":"This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation.","title":"To modify the boundaries of the Morley Nelson Snake River Birds of Prey National Conservation Area, and for other purposes.","text_len":9480,"sum_len":1727} {"bill_id":"112_hr6543","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Care Coordination for Older \nAmericans Act of 2012''.\n\nSEC. 2. DECLARATION OF OBJECTIVES.\n\n Section 101(4) of the Older Americans Act of 1965 (42 U.S.C. \n3001(4)) is amended by inserting ``care coordination and'' after \n``including''.\n\nSEC. 3. DEFINITIONS.\n\n Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is \namended by adding at the end the following:\n ``(55)(A) The term `care coordination' means a person- and \n family-centered, assessment-based, and interdisciplinary \n approach to meet the needs and preferences of an older \n individual and a family caregiver while enhancing the \n capabilities of the older individual (including the ability to \n self-direct services).\n ``(B) The term `care coordination' means coordination \n that--\n ``(i) integrates health care, long-term services \n and supports, housing, and social support services in a \n high-quality and cost-effective manner in which an \n individual's needs, preferences, and capabilities are \n assessed, along with the needs and preferences of a \n family caregiver;\n ``(ii) includes, as a core element, the active \n involvement of the older individual, the family, or a \n representative appointed by the older individual or \n legally acting on the individual's behalf, community-\n based service professionals, and health care \n professionals providing care to the older individual, \n in the design and implementation of an individualized, \n individual-centered service and support plan, through \n which the services and supports will be provided in a \n manner free from conflicts of interest;\n ``(iii) integrates services and interventions that \n are implemented, monitored, and evaluated for \n effectiveness using an evidence-based process, which \n typically involves a designated lead care coordinator \n and involves feedback from the older individual;\n ``(iv) includes activities that aim simultaneously \n at meeting individual and family needs and preferences, \n building on individual capabilities, and improving \n outcomes and systems of care;\n ``(v) includes provision of some or all of the \n services and activities described in clauses (i) \n through (iv) by trained professionals employed by or \n under a contract with--\n ``(I) area agencies on aging;\n ``(II) Aging and Disability Resource \n Centers; or\n ``(III) other service providers, including \n in-home service providers; and\n ``(vi) is not furnished to directly diagnose, \n treat, or cure a medical disease or condition.''.\n\nSEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY.\n\n Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. \n3012(a)) is amended--\n (1) in paragraph (27), by striking ``and'' at the end;\n (2) in paragraph (28), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(29)(A) encourage, provide technical assistance to, and \n share best practices with, States, area agencies on aging, \n Aging and Disability Resource Centers, and service providers to \n carry out outreach and coordinate activities with health care \n entities in order to assure better care coordination for \n individuals with multiple chronic illnesses; and\n ``(B) coordinate activities with other Federal agencies \n that are working to improve care coordination and developing \n new models and best practices.''.\n\nSEC. 5. ORGANIZATION.\n\n Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. \n3025(g)) is amended--\n (1) in paragraph (2), by striking ``and'' at the end;\n (2) in paragraph (3), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(4) the State agency shall promote the development and \n implementation of a State system to address the care \n coordination needs of older individuals with multiple chronic \n illnesses, and shall work with acute care providers, area \n agencies on aging, service providers, and Federal agencies to \n ensure that the system uses best practices and is evaluated on \n its provision of care coordination.''.\n\nSEC. 6. AREA PLANS.\n\n Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. \n3026(a)) is amended--\n (1) in paragraph (4)(B)(i)(VII) by inserting ``with \n multiple chronic illnesses or'' after ``older individuals'';\n (2) in paragraph (6)(D), by inserting ``(including acute \n care providers)'' after ``service providers'';\n (3) in paragraph (16), by striking ``and'' at the end;\n (4) in paragraph (17) by striking the period and inserting \n ``; and''; and\n (5) by adding at the end the following:\n ``(18) provide assurances that the area agency on aging \n will--\n ``(A) identify existing (as of the date of \n submission of the plan) care coordination programs and \n systems;\n ``(B) identify unmet community need for care \n coordination;\n ``(C) facilitate the development and implementation \n of an area-wide system to address the care coordination \n needs of older individuals with multiple chronic \n illnesses; and\n ``(D) work with acute care providers, service \n providers, and Federal and State agencies to ensure \n that the system uses best practices in its provision of \n care coordination.''.\n\nSEC. 7. STATE PLANS.\n\n Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. \n3027(a)) is amended--\n (1) in paragraph (2)(A), by inserting ``care \n coordination,'' after ``information and assistance,'';\n (2) in paragraph (17), by striking ``and develop \n collaborative programs, where appropriate,'' and inserting ``, \n ensure care coordination, and (where appropriate) develop \n collaborative programs,'';\n (3) in paragraph (18), in the matter preceding subparagraph \n (A), by inserting ``and ensure care coordination that \n integrates long-term care services and other care services,'' \n before ``for older'';\n (4) in paragraph (23), by striking ``with other State \n services'' and inserting ``with other Federal and State health \n care programs and services''; and\n (5) by adding at the end the following:\n ``(31) The plan shall provide assurances that the area \n agencies on aging in the State will facilitate the area-wide \n development and implementation of an area-wide system to \n address the care coordination needs of older individuals with \n multiple chronic illnesses, and work with acute care providers, \n service providers, and other Federal and State agencies to \n ensure that the system uses best practices and is evaluated on \n its provision of care coordination.''.","summary":"Care Coordination for Older Americans Act of 2012 - Amends the Older Americans Act of 1965 to make it a duty and function of the Administration on Aging (AOA) in the Department of Health and Human Services (HHS) to provide technical assistance to, and share best practices with, states, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses. Requires AOA also to coordinate activities with other federal agencies working to improve care coordination and developing new models and best practices. Requires the designated state agency to promote the development and implementation of a state system to: (1) address the care coordination needs of older individuals with multiple chronic illnesses. And (2) work with acute care providers, area agencies on aging, service providers, and federal agencies to ensure that the system uses best practices. Requires area and state plans to provide assurances that the area agencies on aging will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses.","title":"To amend the Older Americans Act of 1965 to define care coordination, include care coordination as a fully restorative service, and detail the care coordination functions of the Assistant Secretary, and for other purposes.","text_len":7826,"sum_len":1303} {"bill_id":"110_hr7277","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Temporary IRA Distribution \nSuspension Act of 2008''.\n\nSEC. 2. SUSPENSION OF REQUIRED BEGINNING DATE FOR DISTRIBUTIONS FROM \n DEFINED CONTRIBUTION PLANS.\n\n (a) In General.--In the case of a defined contribution plan--\n (1) section 401(a)(9) of the Internal Revenue Code of 1986 \n shall not apply during the suspension period,\n (2) in lieu of the calendar year specified in subparagraph \n (C)(i) of section 401(a)(9) of such Code, the calendar year \n specified in such subparagraph shall be the later of--\n (A) the calendar year described in such \n subparagraph (C)(i), or\n (B) calendar year 2010, and\n (3) the suspension period shall not be taken into account \n for purposes of applying any time limitation in such section \n 401(a)(9).\n (b) Suspension Period.--For purposes of this section, the term \n``suspension period'' means the period beginning on January 1, 2008, \nand ending on December 31, 2009.\n (c) Application to Certain Other Plans.--The following sections \nshall be applied for the suspension period under rules similar to the \nrules of subsection (a) of this section--\n (1) in the case of a defined contribution plan, subsections \n (a) and (b) of section 403, and sections 408 and 408A, of such \n Code, and\n (2) in the case of an eligible deferred compensation plan \n described in section 457(b) of such Code which is maintained by \n an eligible employer described in section 457(e)(1)(A)) of such \n Code, section 457 of such Code.\n (d) Application to Certain Periodic Payments.--For purposes of this \nsection, in the case of a defined contribution plan, the failure to \nmake a payment from a qualified retirement plan during the suspension \nperiod in an amount less than would be required under the applicable \nmethod shall not be treated as a modification for purposes of section \n72(t)(2)(A)(iv) of such Code.\n (e) Provisions Relating to Plan Amendments.--\n (1) In general.--If this section applies to any plan or \n annuity contract, such plan or contract shall be treated as \n being operated in accordance with the terms of the plan during \n the period described in paragraph (2)(B)(i).\n (2) Amendments to which section applies.--\n (A) In general.--This section shall apply to any \n amendment to any plan or annuity contract which is \n made--\n (i) pursuant to this section or pursuant to \n any regulation issued by the Secretary of the \n Treasury to carry out this section, and\n (ii) on or before the last day of the first \n plan year beginning on or after January 1, \n 2009.\n (B) Conditions.--This section shall not apply to \n any amendment unless--\n (i) during the period--\n (I) beginning on the first day of \n the suspension period, and\n (II) ending on the date described \n in subparagraph (A)(ii) (or, if \n earlier, the date the plan or contract \n amendment is adopted), the plan or \n contract is operated as if such plan or \n contract amendment were in effect, and\n (ii) such plan or contract amendment \n applies retroactively for such period.\n (f) Effective Date.--\n (1) In general.--This section shall take effect on the date \n of the enactment of this Act.\n (2) Recontribution of distributions before date of \n enactment.--\n (A) In general.--Any individual who receives a \n payment or distribution during the period beginning on \n January 1, 2008, and ending on the date of the \n enactment of this Act from a plan to which subsection \n (a) or (c) of this section applies may, before the end \n of the suspension period, make one or more \n contributions in an aggregate amount not to exceed the \n amount of such payments or distributions to an eligible \n retirement plan of which such individual is a \n beneficiary and to which a rollover contribution of \n such distribution could be made under section 402(c), \n 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such \n Code, as the case may be.\n (B) Treatment of repayments of distributions from \n eligible retirement plans other than iras.--For \n purposes of the Internal Revenue Code of 1986, if a \n contribution is made pursuant to subparagraph (A) to an \n eligible retirement plan other than an individual \n retirement plan, then the taxpayer shall, to the extent \n of the amount of the contribution, be treated as having \n received such payments or distributions in an eligible \n rollover distribution (as defined in section 402(c)(4) \n of such Code) and as having transferred the amount to \n the eligible retirement plan in a direct trustee to \n trustee transfer within 60 days of the distribution.\n (C) Treatment of repayments for distributions from \n iras.--For purposes of the Internal Revenue Code of \n 1986, if a contribution is made pursuant to \n subparagraph (A) to an individual retirement plan (as \n defined by section 7701(a)(37) of such Code), then, to \n the extent of the amount of the contribution, such \n payments or distributions shall be treated as a \n distribution described in section 408(d)(3) of such \n Code and as having been transferred to the individual \n retirement plan in a direct trustee to trustee transfer \n within 60 days of the distribution.","summary":"Temporary IRA Distribution Suspension Act of 2008 - Suspends for calendar 2008 and 2009 the beginning date for required distributions from certain individual retirement (IRA) plans.","title":"To suspend the beginning date for required distributions from certain retirement plans, and for other purposes.","text_len":6515,"sum_len":181} {"bill_id":"114_hr2866","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy Maternity and Obstetric \nMedicine Act'' or the ``Healthy MOM Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Pregnancy is a significant life event for millions of \n women in the United States each year.\n (2) For more than 30 years, our Nation, through the \n Medicaid program, has recognized that pregnant women need \n immediate access to affordable care, and has allowed women who \n meet income-eligibility requirements to enroll in Medicaid \n coverage when they become pregnant.\n (3) Congress recognized the central importance of maternity \n coverage by classifying maternity and newborn care as one of \n the ten essential health benefits that must now be covered on \n most individual and small group health insurance plans under \n section 1302(b)(1) of the Patient Protection and Affordable \n Care Act (42 U.S.C. 18022(b)(1)).\n (4) Access to comprehensive maternity coverage allows women \n to access important pregnancy-related care, which is \n demonstrated to improve health outcomes for women and newborns \n and reduce financial costs for both consumers and insurers.\n (5) Uninsured women, women with grandfathered and \n transitional health plans, self-funded student health plans, \n and catastrophic and high-deductible health plans may lack \n access to comprehensive and affordable maternity coverage.\n (6) A special enrollment period is especially important for \n young adults, who are at high risk for unintended pregnancies, \n yet young adults are frequently enrolled in catastrophic \n coverage, which often has fewer benefits, more restrictions, \n and higher deductibles.\n (7) Timely maternity care improves the health of pregnant \n women, as well as birth outcomes and the health of babies \n throughout their lifetimes. Pregnancy-related maternal \n mortality is three to four times higher among women who receive \n no maternity care compared to women who do. Regular maternity \n care can detect or mitigate serious pregnancy-related health \n complications, including preeclampsia, placental abruption, \n complications from diabetes, complications from heart disease, \n and Graves' disease, all of which can result in morbidity or \n mortality for the mother or newborn.\n (8) Regular maternity care can reduce preterm births and \n the health complications associated with preterm births.\n (9) Timely maternity care can reduce short- and long-term \n health care costs. If a woman does not have access to \n affordable maternity care during her pregnancy, and she or her \n newborn experiences pregnancy complications that result in \n health problems after birth, their insurer may end up paying \n much higher costs than if the insurer had covered the woman's \n maternity care during her pregnancy. Intensive maternity care \n can reduce hospital and neonatal intensive care unit admissions \n among infants, resulting in cost savings of $1,768 to $5,560 \n per birth. For women with high-risk pregnancies, intensive \n maternity care saves $1.37 for every $1 invested in maternity \n care.\n (b) Purpose.--The purpose of this Act is to protect the health of \nwomen and newborns by ensuring that all women eligible for coverage \nthrough the Exchanges established under title I of the Patient \nProtection and Affordable Care Act (Public Law 111-148) can access \naffordable health coverage during their pregnancy.\n\nSEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT WOMEN.\n\n (a) Public Health Service Act.--Section 2702(b)(2) of the Public \nHealth Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting \n``including a special enrollment period for pregnant women, beginning \non the date on which the pregnancy is reported to the health insurance \nissuer'' before the period at the end.\n (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) \nof the Patient Protection and Affordable Care Act (42 U.S.C. \n18031(c)(6)) is amended--\n (1) in subparagraph (C), by striking ``and'' at the end;\n (2) by redesignating subparagraph (D) as subparagraph (E); \n and\n (3) by inserting after subparagraph (C) the following new \n subparagraph:\n ``(D) a special enrollment period for pregnant \n women, beginning on the date on which the pregnancy is \n reported to the Exchange; and''.\n (c) Special Enrollment Periods.--Section 9801(f) of the Internal \nRevenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the \nend the following new paragraph:\n ``(4) For pregnant women.--\n ``(A) A group health plan shall permit an employee \n who is eligible, but not enrolled, for coverage under \n the terms of the plan (or a dependent of such an \n employee if the dependent is eligible, but not \n enrolled, for coverage under such terms) to enroll for \n coverage under the terms of the plan upon pregnancy, \n with the special enrollment period beginning on the \n date on which the pregnancy is reported to the group \n health plan.\n ``(B) The Secretary shall promulgate regulations \n with respect to the special enrollment period under \n subparagraph (A), including establishing a time period \n for pregnant women to enroll in coverage and effective \n date of such coverage.''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to plan years beginning after the 2016 plan year.\n\nSEC. 4. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS.\n\n (a) In General.--The Director of the Office of Personnel Management \nshall issue such regulations as are necessary to ensure that pregnancy \nis considered a change in family status and a qualifying life event for \nan individual who is eligible to enroll, but is not enrolled, in a \nhealth benefit plan under chapter 89 title 5, United States Code.\n (b) Effective Date.--The requirement in subsection (a) shall apply \nwith respect to any contract entered into under section 8902 of such \ntitle beginning 12 months after the date of enactment of this Act.","summary":"Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act This bill amends the Public Health Service Act and Internal Revenue Code to require health insurers, health insurance exchanges, and group health plans to offer a special enrollment period to pregnant women beginning when the pregnancy is reported to the issuer, exchange, or plan. The Office of Personnel Management must ensure that eligible pregnant women are allowed to enroll in federal employee health benefit plans outside of the open enrollment period.","title":"Healthy MOM Act","text_len":6670,"sum_len":527} {"bill_id":"114_s1278","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alaska Outer Continental Shelf Lease \nSale Act''.\n\nSEC. 2. AUTHORIZATION OF BEAUFORT AND COOK INLET LEASE SALES.\n\n Beginning in fiscal year 2016 and each fiscal year thereafter, the \nSecretary shall conduct under the Outer Continental Shelf Lands Act (43 \nU.S.C. 1331 et seq.) 1 or more oil and gas lease sales in--\n (1) the Cook Inlet Planning Area; and\n (2) the portion of the Beaufort Planning Area located \n within 3 nautical miles of the seaward boundary of Alaska.\n\nSEC. 3. LEASE TERMS OF CERTAIN CHUKCHI AND BEAUFORT LEASES.\n\n (a) In General.--Section 8(b)(2) of the Outer Continental Shelf \nLands Act (43 U.S.C. 1337(b)(2)) is amended--\n (1) in subparagraph (A), by striking ``or'' at the end;\n (2) in subparagraph (B), by striking ``;'' and inserting \n ``; or''; and\n (3) by adding at the end the following:\n ``(C) in the case of an oil and gas lease in the \n portion of the Beaufort Planning Area or Chukchi \n Planning Area that is beyond 3 nautical miles of the \n seaward boundary of the State of Alaska, 20 years;''.\n (b) Extension of Existing Leases.--\n (1) In general.--The Secretary, with the consent of the \n holder of a covered lease described in paragraph (2), shall \n extend the initial term of the covered lease to 20 years.\n (2) Description of covered lease.--A covered lease referred \n to in paragraph (1) is a lease for oil and gas production in \n effect on the date of enactment of this Act that was issued \n under section 8 of the Outer Continental Shelf Lands Act (43 \n U.S.C. 1337) for a portion of the Beaufort Planning Area or \n Chukchi Planning Area that is beyond 3 nautical miles of the \n seaward boundary of the State.\n\nSEC. 4. DISTRIBUTION OF REVENUE TO ALASKA.\n\n Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) \nis amended--\n (1) by striking ``All rentals,'' and inserting the \n following:\n ``(a) In General.--Except as provided in subsection (b), all \nrentals,''; and\n (2) by adding at the end the following:\n ``(b) Distribution of Revenue to Alaska.--\n ``(1) Definitions.--In this subsection:\n ``(A) Coastal political subdivision.--The term \n `coastal political subdivision' means a county-\n equivalent subdivision of the State--\n ``(i) all or part of which lies within the \n coastal zone of the State (as defined in \n section 304 of the Coastal Zone Management Act \n of 1972 (16 U.S.C. 1453)); and\n ``(ii)(I) the closest point of which is not \n more than 200 nautical miles from the \n geographical center of any leased tract in the \n Alaska outer Continental Shelf region; or\n ``(II)(aa) the closest point of which is \n more than 200 nautical miles from the \n geographical center of a leased tract in the \n Alaska outer Continental Shelf region; and\n ``(bb) that is determined by the State to \n be a significant staging area for oil and gas \n servicing, supply vessels, operations, \n suppliers, or workers.\n ``(B) Institution of higher education.--The term \n `institution of higher education' has the meaning given \n the term in section 102 of the Higher Education Act of \n 1965 (20 U.S.C. 1002).\n ``(C) Qualified revenues.--\n ``(i) In general.--The term `qualified \n revenues' means all revenues derived from all \n rentals, royalties, bonus bids, and other sums \n due and payable to the United States from \n energy development in the Alaska outer \n Continental Shelf region.\n ``(ii) Exclusions.--The term `qualified \n revenues' does not include revenues generated \n from leases subject to section 8(g).\n ``(D) State.--The term `State' means the State of \n Alaska.\n ``(E) Workforce investment board.--The term \n `workforce investment board' means a State or local \n workforce investment board established under subtitle B \n of title I of the Workforce Investment Act of 1998 (29 \n U.S.C. 2811 et seq.).\n ``(2) Fiscal years 2016-2026.--For each of fiscal years \n 2016 through 2026, the Secretary shall deposit--\n ``(A) 50 percent of qualified revenues in the \n general fund of the Treasury;\n ``(B) 27.5 percent of qualified revenues in the \n Treasury, to be used for deficit reduction;\n ``(C) 7.5 percent of qualified revenues in a \n special account in the Treasury, to be distributed by \n the Secretary to the State;\n ``(D) 7.5 percent of qualified revenues in a \n special account in the Treasury, to be distributed by \n the Secretary to coastal political subdivisions;\n ``(E) 2.5 percent of qualified revenues in a \n special account in the Treasury, to be used to carry \n out the North Slope Science Initiative established \n under section 6(a)(1) of the Alaska Outer Continental \n Shelf Lease Sale Act;\n ``(F) 2.5 percent of qualified revenues in a \n special account in the Treasury, to be used by the \n Secretary to provide grants on a competitive basis to \n eligible institutions of higher education and workforce \n investment boards in the State to establish and \n providing funding for--\n ``(i) programs to ensure an adequately \n skilled workforce to construct, operate, or \n maintain oil or gas pipelines; or\n ``(ii) programs to ensure an adequately \n skilled workforce to operate, maintain, and \n perform all environmental processes relating to \n existing or future oil and gas infrastructure; \n and\n ``(G) 2.5 percent of qualified revenues in a \n special account in the Treasury to provide financial \n assistance for--\n ``(i) offshore leasing and development \n programs in the State; and\n ``(ii) the development of rights-of-way for \n pipelines to transport oil or gas produced \n offshore through land under the jurisdiction of \n the Secretary in the State.\n ``(3) Subsequent fiscal years.--For fiscal year 2027 and \n each subsequent fiscal year, the Secretary shall deposit--\n ``(A) 50 percent of qualified revenues in general \n fund of the Treasury;\n ``(B) 30 percent of qualified revenues in a special \n account in the Treasury, to be distributed by the \n Secretary to the State;\n ``(C) 12.5 percent of qualified revenues in the \n Treasury, to be used for low-income home energy \n assistance, weatherization programs, and infrastructure \n in the Arctic; and\n ``(D) 7.5 in a special account in the Treasury, to \n be distributed by the Secretary to coastal political \n subdivisions.\n ``(4) Allocation among coastal political subdivisions.--Of \n the amount paid by the Secretary to coastal political \n subdivisions under paragraph (2)(D) or (3)(D)--\n ``(A) 90 percent shall be allocated in amounts \n (based on a formula established by the Secretary by \n regulation) that are inversely proportional to the \n respective distances between the point in each coastal \n political subdivision that is closest to the geographic \n center of the applicable leased tract and the \n geographic center of the leased tract; and\n ``(B) 10 percent shall be divided equally among \n each coastal political subdivision that--\n ``(i) is more than 200 nautical miles from \n the geographic center of a leased tract; and\n ``(ii) the State of Alaska determines to be \n a significant staging area for oil and gas \n servicing, supply vessels, operations, \n suppliers, or workers.\n ``(5) Timing.--The amounts required to be deposited under \n paragraphs (2) and (3) for the applicable fiscal year shall be \n made available in accordance with those paragraphs during the \n fiscal year immediately following the applicable fiscal year.\n ``(6) Administration.--Amounts made available under \n paragraphs (2) and (3) shall--\n ``(A) be made available, without further \n appropriation, in accordance with this subsection;\n ``(B) remain available until expended; and\n ``(C) be in addition to any amounts appropriated \n under any other provision of law.''.\n\nSEC. 5. INCLUSION OF BEAUFORT AND CHUKCHI LEASE SALES IN 5-YEAR LEASING \n PROGRAMS.\n\n Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. \n1344) is amended by adding at the end the following:\n ``(i) Inclusion of Certain Lease Sales.--The Secretary shall \ninclude in any leasing program prepared in accordance with this section \nprovisions for the conduct of at least 3 lease sales in each of the \nBeaufort Planning Area and the Chukchi Planning Area during the term of \nthe leasing program.''.\n\nSEC. 6. NORTH SLOPE SCIENCE INITIATIVE.\n\n Section 348 of the Energy Policy Act of 2005 (42 U.S.C. 15906) is \namended--\n (1) in subsection (a)--\n (A) in paragraph (1), by inserting ``(referred to \n in this section as the `Secretary')'' after ``Secretary \n of the Interior''; and\n (B) in paragraph (2), by inserting ``(including the \n Beaufort and Chukchi seas)'' after ``North Slope of \n Alaska'';\n (2) in subsection (b)--\n (A) in paragraph (1), by inserting ``(including the \n Beaufort and Chukchi seas)'' after ``North Slope''; and\n (B) in paragraph (2), by striking ``develop an \n understanding of'' and inserting ``identify''; and\n (3) in subsection (c)(2), by inserting ``the Northwest \n Arctic Borough, the NANA Regional Corporation,'' after ``Arctic \n Slope Regional Corporation,''.","summary":"Alaska Outer Continental Shelf Lease Sale Act This bill requires the Department of the Interior to conduct oil and gas lease sales in the Cook Inlet Planning Area, and in the portion of the Beaufort Planning Area located within three nautical miles of the seaward boundary of Alaska. Oil and gas leases under the Outer Continental Shelf Lands Act shall have an initial 20-year lease period if they are located in the portion of the Beaufort Planning Area or Chukchi Planning Area beyond three nautical miles of the seaward boundary of the State of Alaska. The bill establishes, for FY2016-FY2026, a scheme for revenue allocation between the Treasury and the state of Alaska for specified purposes, including workforce development relating to oil and gas infrastructure and, for FY2027 and beyond, certain related activities of coastal political subdivisions. Interior must also include in any leasing program at least three lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area. The North Slope Science Initiative under the Energy Policy Act of 2005 shall now include the Beaufort and Chukchi Seas. Interior must enter into cooperative agreements with the Northwest Arctic Borough and the NANA Regional Corporation to coordinate efforts, share resources, and fund projects.","title":"Alaska Outer Continental Shelf Lease Sale Act","text_len":11697,"sum_len":1299} {"bill_id":"112_hr3333","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foster Children Opportunity Act''.\n\nSEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN \n CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL \n IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT \n STATUS.\n\n Sect. 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27)) \nis amended by inserting ``, and if the child is an alien without a \nlawful immigration status, for reviewing the child's eligibility for \nspecial immigrant juvenile status, lawful permanent resident status, \nand other forms of relief under immigration law, within 1 year after \nthe status of the child is first reviewed pursuant to section \n475(5)(B), and annually thereafter, and for assisting the child in \napplying for special immigrant juvenile status, lawful permanent \nresident status, and other forms of relief under immigration law, so \nthat the child can reasonably be expected to achieve such relief before \nexiting foster care, if doing so would be in the best interests of the \nchild'' before the period.\n\nSEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR \n EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE \n ALIEN FOSTER CHILDREN.\n\n Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is \namended by adding at the end the following:\n ``(H) In the case of an alien child who, after a \n review conducted pursuant to section 471(a)(27), is \n determined to be a child who may qualify for special \n immigrant juvenile status, lawful permanent resident \n status, or other forms of relief under immigration law, \n documentation of the steps the agency is taking in \n assisting the child to obtain the status before exiting \n foster care, including whether the requisite petitions \n have been filed on behalf of the child, and whether \n assistance has been provided to secure immigration \n legal counsel for the child.''.\n\nSEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL \n IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT \n STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST \n INTEREST IN APPROPRIATE CASES.\n\n Section 475(5)(C)(i) of the Social Security Act (42 U.S.C. \n675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien \nchild without lawful immigration status, the hearing shall determine \nwhether a petition for special immigrant juvenile status or lawful \npermanent resident status has been filed on behalf of the child and, if \nsuch a petition has not been so filed, whether it is in the best \ninterests of the child, including consideration of the potential \neffects on family reunification efforts, to have such a petition so \nfiled or to have immigration counsel appointed'' before the semicolon \nat the end.\n\nSEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO \n EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF, \n INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL \n ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN \n ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL \n PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF \n UNDER IMMIGRATION LAW.\n\n Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) \nis amended--\n (1) by striking ``and'' at the end of subparagraph (A);\n (2) by adding ``and'' at the end of subparagraph (B); and\n (3) by adding at the end the following:\n ``(C) to educate and train child welfare and court \n staff, including judges, social workers, court-\n appointed special advocates, and attorneys to assist \n alien children in achieving special immigrant juvenile \n status, lawful permanent resident status, and other \n forms of relief under immigration law in a timely \n manner;''.\n\nSEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.\n\n On request of a State child welfare agency for technical assistance \nin carrying out the amendments made by this Act, the Secretary of \nHealth and Human Services, in consultation with the Secretary of \nHomeland Security and the Secretary of State, shall provide the \nassistance, and may award grants to and enter into contracts with \nqualified non-profit or other community-based service providers with \nsubstantive expertise to perform the assistance.\n\nSEC. 7. ELIGIBILITY FOR ASSISTANCE.\n\n (a) Public Benefits.--\n (1) Federal means-tested public benefits.--Section 403(b) \n of the Personal Responsibility and Work Opportunity \n Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by \n adding at the end the following:\n ``(3) Exception for individuals who have obtained special \n immigrant juvenile status.--An alien who is granted special \n immigrant juvenile status under section 101(a)(27)(J) of the \n Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.\n (2) Other federal programs.--Section 402 of such Act (8 \n U.S.C. 1612) is amended--\n (A) in subsection (a)(2), by adding at the end the \n following:\n ``(N) Exception for individuals who have obtained \n special immigrant juvenile status.--With respect to \n eligibility for benefits for the specified Federal \n programs described in paragraph (3), paragraph (1) \n shall not apply to any alien who is granted special \n immigrant juvenile status under section 101(a)(27)(J) \n of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(27)(J)).''; and\n (B) in subsection (b)(2), by adding at the end the \n following:\n ``(G) Exception for individuals who have obtained \n special immigrant juvenile status.--An alien who is \n granted special immigrant juvenile status under section \n 101(a)(27)(J) of the Immigration and Nationality Act (8 \n U.S.C. 1101(a)(27)(J)).''.\n (b) State Reimbursement.--Section 472(a)(4) of the Social Security \nAct (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child \nis an alien who has obtained special immigrant juvenile status under \nsection 101(a)(27)(J) of the Immigration and Nationality Act and would \nhave been qualified to receive aid under the State plan approved under \nsection 402 of this Act in or for the month in which the agreement \ndescribed in paragraph (2)(A)(i) of this subsection was entered into or \ncourt proceedings leading to the determination described in paragraph \n(2)(A)(ii) of this subsection were initiated if the child had been a \nUnited States citizen, the child shall be considered to satisfy the \nrequirements of paragraph (3) with respect to the month'' before the \nperiod.\n\nSEC. 8. EFFECTIVE DATE.\n\n (a) In General.--The amendments made by this Act, other than by \nsection 7, shall take effect on the date of the enactment of this Act, \nand shall apply to payments under part E of title IV of the Social \nSecurity Act for quarters beginning on or after such date.\n (b) Delay Permitted if State Legislation Required.--In the case of \na State plan approved under part E of title IV of the Social Security \nAct which the Secretary of Health and Human Services determines \nrequires State legislation (other than legislation appropriating funds) \nin order for the plan to meet the additional requirements imposed by \nthis Act, the State plan shall not be regarded as failing to comply \nwith the requirements of such part solely on the basis of the failure \nof the plan to meet such additional requirements before the 1st day of \nthe 1st calendar quarter beginning after the close of the 1st regular \nsession of the State legislature that ends after the 1-year period \nbeginning with the date of the enactment of this Act. For purposes of \nthe preceding sentence, in the case of a State that has a 2-year \nlegislative session, each year of the session is deemed to be a \nseparate regular session of the State legislature.","summary":"Foster Children Opportunity Act - Amends part E of title IV of the Social Security Act to require state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status before exiting foster care. Requires case plans to include documentation of the steps the state child welfare agency is taking in assisting children obtain lawful immigrant status before exiting foster care. Requires a permanency hearing to determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of an alien foster child and, if it has not been filed, whether it is in the child's best interest to have such a petition filed or to have immigration counsel appointed. Authorizes the use of court improvement program grant funds to educate and train child welfare and court staff to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law. Requires the Secretary of Health and Human Services (HHS), on the request of a child welfare agency, to provide technical assistance in carrying out this Act. Authorizes the Secretary to award grants to and contract with qualified non-profit or other community-based service providers to perform the assistance. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an exception to the five-year limited eligibility of qualified aliens for federal means-tested public benefits for individuals who have obtained special immigrant juvenile status. Makes a similar exception for such individuals with respect to the limited eligibility of qualified aliens for certain Federal programs.","title":"To amend part E of title IV of the Social Security Act to require States to help alien children in the child welfare system apply for all available forms of immigration relief, and for other purposes.","text_len":8495,"sum_len":1827} {"bill_id":"114_hr6059","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency in Energy Production \nAct of 2016''.\n\nSEC. 2. ONLINE PUBLICATION OF CARBON EMISSIONS.\n\n (a) In General.--The Secretary of the Interior shall make available \nto the public through the Internet--\n (1) information that describes for all covered operations--\n (A) the aggregate amount of each fossil fuel, by \n type and by State, produced under Federal leases; and\n (B) for gas reported, the portion and source of \n such amount that was released by each of venting, \n flaring, and fugitive release;\n (2) information that accurately describes the estimated \n amounts of existing fossil fuel resources on Federal lands \n under lease for the production of fossil fuels, and of Federal \n lands that have potential for such leasing; and\n (3) information that describes the amount and sources of \n energy, in megawatts, produced from operating solar, wind, and \n geothermal projects on Federal lands under lease for the \n production of renewable energy.\n (b) Format.--Information made available under this section shall be \npresented in a format that--\n (1) translates such amounts and portions into emissions of \n metric tons of greenhouse gases expressed in carbon dioxide \n equivalent using both the 20-year and 100-year Global Warming \n Potential-weighted emission values;\n (2) for energy produced from solar, wind, and geothermal \n projects, includes an estimate of the greenhouse gas emissions \n that would result from production of the same amount of energy \n from fossil fuel resources; and\n (3) allows--\n (A) downloading in a machine readable format; and\n (B) accessing the information without payment of \n any fee or other charge.\n (c) Data Publication Frequency.--The data made available under this \nsection shall be updated at least annually.\n\nSEC. 3. ACCURATE MEASUREMENT AND REPORTING OF METHANE EMISSIONS FROM \n FEDERAL LANDS.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, if the Secretary of the Interior determines that \nrevisions or promulgation of rules are needed to implement section 2 \nwith regard to methane emissions, the Secretary shall initiate a \nprocess under the Federal Oil and Gas Royalty Management Act of 1982 \n(30 U.S.C. 1711 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et \nseq.), or other applicable law to promulgate regulations to require \naccurate measuring and reporting to the Secretary, by each holder of a \nlease for the production of fossil fuels on Federal land, of the actual \namount of methane gas produced under such lease, including all such gas \nnot sold by or on behalf of the lessee.\n (b) Reporting of Gases.--The rules shall include requirements for \nreporting by holders of leases, to the maximum extent possible, the \namount and source of all vented, flared, and fugitive releases of gas \nresulting from the production of fossil fuels from Federal lands.\n\nSEC. 4. REPORT TO CONGRESS.\n\n Every 2 years, the Secretary shall submit a report to Congress that \nincludes--\n (1) efforts underway by the Department of the Interior to \n decrease greenhouse gas emissions from covered operations on \n Federal lands and waters; and\n (2) plans for future reductions in greenhouse gas emissions \n from covered operations on Federal lands and waters.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Covered operations.--The term ``covered operations'' \n means all fossil fuel operations that are subject to the \n mineral leasing laws or title V of the Federal Land Policy and \n Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of \n size, including production, storage, gathering, processing, \n transportation, and handling operations.\n (2) Flaring.--The term ``flaring'' means the intentional \n and controlled burning of gas that occurs in the course of oil \n and gas or coal operations.\n (3) Fossil fuel.--The term ``fossil fuel'' means all \n natural fuels, including oil, natural gas, natural gas liquids, \n and coal.\n (4) Fugitive release.--The term ``fugitive release'' means \n the unintentional and uncontrolled release of gas into the \n atmosphere in the course of oil and gas or coal operations.\n (5) Global warming potential-weighted emission.--The term \n ``Global Warming Potential-weighted emission'' means the ratio \n of the time-integrated radiative forcing from the instantaneous \n release of 1 kilogram of a trace substance relative to that of \n 1 kilogram of carbon dioxide, measured in metric tons of carbon \n dioxide equivalent for each greenhouse gas according to the \n most recent, and any subsequent, decisions by the \n Intergovernmental Panel on Climate Change regarding global \n warming potentials.\n (6) Resources.--The term ``resources'' means oil, gas, and \n coal resources, both identified and inferred, that are both \n technically recoverable and economically recoverable using the \n range of past, and predicted future, commodity prices.\n (7) Venting.--The term ``venting'' means the intentional \n and controlled release of gas into the atmosphere in the course \n of oil and gas operations.\n (8) Produced and production.--The terms ``produced'' and \n ``production'' mean extracted, mined, withdrawn, sold, stored, \n released (including release by venting, flaring, or fugitive \n release), flared, used for beneficial purposes, or otherwise \n emitted during production.","summary":"Transparency in Energy Production Act of 2016 This bill requires the Department of the Interior to publicly disclose the amounts of fossil fuel production, including amounts of gas released , and renewable energy production on public lands. The data shall present amounts of greenhouse gas emissions using the 20- and 100-year Global Warming Potential-weighted emission values and, for renewable energy production, compare fossil fuel-generated emissions resulting from the same amount of energy. As determined necessary to implement this bill, Interior shall promulgate regulations regarding accurate measurement and reporting of methane emissions.","title":"Transparency in Energy Production Act of 2016","text_len":5997,"sum_len":649} {"bill_id":"114_hr2086","text":"SECTION 1. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE \n STANISLAUS RIVER, CALIFORNIA.\n\n (a) Establishment of Nonnative Predator Fish Removal Pilot \nProgram.--The Secretary of Commerce and the districts, in consultation \nwith the United States Fish and Wildlife Service, shall jointly develop \nand conduct a nonnative predator fish removal pilot program to remove \nnonnative striped bass, smallmouth bass, largemouth bass, black bass, \nand other nonnative predator fishes from the Stanislaus River, \nCalifornia. The pilot program shall--\n (1) be scientifically based;\n (2) include methods to quantify the number and size of \n predator fishes removed each year, the impact of such removal \n on the overall abundance of predator fishes, and the impact of \n such removal on the populations of juvenile anadromous fish \n found in the Stanislaus River by, among other things, \n evaluating the number of juvenile anadromous fish that migrate \n past the rotary screw trap located at Caswell;\n (3) among other methods, use wire fyke trapping, portable \n resistance board weirs, and boat electrofishing;\n (4) be developed, including the application for all \n necessary scientific research and species enhancement permits \n under section 10(a)(1) of the Endangered Species Act of 1973 \n (16 U.S.C. 1539(a)(1)) for the performance of the pilot \n program, not later than 6 months after the date of the \n enactment of this Act;\n (5) be implemented as quickly as possible following the \n issuance of all necessary scientific research and species \n enhancement permits needed to begin the pilot program; and\n (6) be implemented for a period of 7 consecutive calendar \n years.\n (b) Management.--The management of the pilot program shall be the \njoint responsibility of the Secretary and the districts. Such parties \nshall work collaboratively to ensure the performance of the pilot \nprogram, and shall discuss and agree upon, among other things, changes \nin the structure, management, personnel, techniques, strategy, data \ncollection, reporting, and conduct of the pilot program.\n (c) Conduct.--\n (1) In general.--By agreement between the Secretary and the \n districts, the pilot program may be conducted by their own \n personnel, qualified private contractors hired by the \n districts, personnel of, on loan to, or otherwise assigned to \n the National Marine Fisheries Service, or a combination \n thereof.\n (2) Participation by the national marine fisheries \n service.--If the districts elect to conduct the program using \n their own personnel or qualified private contractors hired by \n them in accordance with paragraph (1), the Secretary may assign \n an employee of, on loan to, or otherwise assigned to the \n National Marine Fisheries Service, to be present for all \n activities performed in the field. Such presence shall ensure \n compliance with the agreed-upon elements specified in \n subsection (b). The districts shall pay the cost of such \n participation in accordance with subsection (d).\n (3) Timing of election.--The districts shall notify the \n Secretary of their election on or before October 15 of each \n calendar year of the pilot program. Such an election shall \n apply to the work performed in the subsequent calendar year.\n (d) Funding.--\n (1) In general.--The districts shall be responsible for 100 \n percent of the cost of the pilot program.\n (2) Contributed funds.--The Secretary may accept and use \n contributions of funds from the districts to carry out \n activities under the pilot program.\n (3) Estimation of cost.--On or before December 1 of each \n year of the pilot program, the Secretary shall submit to the \n districts an estimate of the cost to be incurred by the \n National Marine Fisheries Service for the pilot program in the \n following calendar year, if any, including the cost of any data \n collection and posting under subsection (e). If an amount equal \n to the estimate is not provided through contributions pursuant \n to paragraph (2) before December 31 of that year--\n (A) the Secretary shall have no obligation to \n conduct the pilot program activities otherwise \n scheduled for such following calendar year until such \n amount is contributed by the districts; and\n (B) the districts may not conduct any aspect of the \n pilot program until such amount is contributed by the \n districts.\n (4) Accounting.--On or before September 1 of each year, the \n Secretary shall provide to the districts an accounting of the \n costs incurred by the Secretary for the pilot program in the \n preceding calendar year. If the amount contributed by the \n districts pursuant to paragraph (2) for that year was greater \n than the costs incurred by the Secretary, the Secretary shall--\n (A) apply the excess contributions to costs of \n activities to be performed by the Secretary under the \n pilot program, if any, in the next calendar year; or\n (B) if no such activities are to be performed, \n repay the excess contribution to the districts.\n (e) Reporting and Evaluation.--\n (1) In general.--On or before the 15th day of each month, \n the Secretary shall post on the Internet website of the \n National Marine Fisheries Service a tabular summary of the raw \n data collected under the pilot program in the preceding month.\n (2) Report.--On or before June 30 of the year following the \n completion of the pilot program, the Secretary and the \n districts shall jointly submit for peer review a report that--\n (A) discusses the findings and conclusions of the \n pilot program;\n (B) synthesizes the data collected under paragraph \n (1); and\n (C) makes recommendations for further study and \n action.\n (f) Permits Process.--\n (1) Requirement.--Not later than 180 days after the filing \n by the Secretary and the districts of an application for \n scientific research and species enhancement permits under \n section 10(a)(1) of the Endangered Species Act of 1973 (16 \n U.S.C. 1539(a)(1)) for the pilot program, the Secretary of the \n Interior, the Secretary of Commerce, or both, as appropriate, \n shall issue to the National Marine Fisheries Service and the \n districts all such permits that are necessary for the \n performance of the pilot program. Each such permit shall \n authorize activities under the permits to be carried out by the \n districts and by the National Marine Fisheries Service.\n (2) Delegation of authority.--The districts and the \n Secretary may delegate the authority to conduct activities \n under such permits to any qualified private contractor retained \n in accordance with subsection (c).\n (3) Failure to issue permits.--The pilot program, including \n amendments thereto by the appropriate Federal agencies, shall \n constitute a conservation plan that complies with section \n 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. \n 1539(a)(2)) if the Secretaries have not carried out paragraph \n (1) within 270 days after the filling of an application in \n accordance with such paragraph.\n (4) Treatment of striped bass.--For purposes of the \n application of the Central Valley Project Improvement Act \n (title III of Public Law 102-575) with respect to the pilot \n program, striped bass shall not be treated as anadromous fish.\n (g) NEPA.--\n (1) Limitation on application.--If the Secretaries have not \n carried out subsection (f)(1) within 365 days after the filing \n by the Secretary of Commerce and the districts of an \n application referred to in that subsection, section 102(2)(C) \n of the National Environmental Policy Act of 1969 (42 U.S.C. \n 4332(2)(C)) shall not apply with respect to this section and \n the issuance of any permit under this section, during the 7-\n year period beginning on the date of the submission of such \n application.\n (2) Emergency environmental reviews.--The Secretary of the \n Interior and the Secretary of Commerce shall consult with the \n Council on Environmental Quality in accordance with section \n 1506.11 of title 40, Code of Federal Regulations (including \n successor regulations) to develop alternative arrangements to \n comply with the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.), as necessary to expedite the benefits of \n the pilot program for the conservation of threatened species \n and endangered species.\n (h) Definitions.--For the purposes of this section:\n (1) Districts.--The term ``districts'' means the Oakdale \n Irrigation District and the South San Joaquin Irrigation \n District, California.\n (2) Pilot program.--The term ``pilot program'' means the \n nonnative predator fish removal pilot program established under \n this section.\n (3) Secretary of commerce.--The term ``Secretary of \n Commerce'' means the Secretary of Commerce acting through the \n National Marine Fisheries Service.\n (i) State Law Preempted.--\n (1) In general.--Any restriction imposed under California \n law on the catch, take, or harvest of any nonnative or \n introduced aquatic or terrestrial species that preys upon \n anadromous fish and that occupies or is found in the Stanislaus \n River, or the permitting thereof, is hereby void and is \n preempted.\n (2) State permits not required.--Neither the districts nor \n the Secretaries are required to obtain a Scientific Collection \n Permit or any other permit or authorization from the California \n Department of Fish and Wildlife or any other division or \n instrumentality of the State of California pursuant to section \n 1002(a) of the California Fish and Game Code, section 5514(a) \n of the California Fish and Game Code, section 650 or title 14 \n of the California Code of Regulations, or any other provision \n of California law to implement any aspect of the pilot program.\n (j) Sunset.--The authorities provided under this section shall \nexpire 7 years after date of the issuance of the permits referred to in \nsubsection (f)(1).","summary":"Directs the National Marine Fisheries Service and the Oakdale and South San Joaquin Irrigation Districts in California to jointly develop and conduct a pilot program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fish from the Stanislaus River. Requires the program to: (1) be scientifically based. (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of certain juvenile anadromous fish found in the Stanislaus River. And (3) be implemented for seven consecutive years. Requires the districts to be responsible for the cost of such program. Authorizes the Service to accept and use contributions of funds from the districts to carry out activities under the program. Directs: (1) the Service to post, each month, on its Internet website a tabular summary of the raw data collected under the program in the preceding month. And (2) the Service and the districts, by June 30 of the year following the completion of the program, to jointly submit for peer review a report that discusses program's findings and conclusions, synthesizes the data collected, and makes recommendations for further study and action. Voids and preempts any California legal restriction imposed on, or the permitting of, the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon specified stocks of anadromous fish and that occupies or is found in the Stanislaus River.","title":"To direct the Secretary of Commerce, with the Oakdale Irrigation District and the South San Joaquin Irrigation District, California, to develop and conduct a pilot program to remove nonnative predator fishes from the Stanislaus River, California, and for other purposes.","text_len":11172,"sum_len":1611} {"bill_id":"110_hr6621","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reinstatement of Enrollment for \nMedicaid Eligibility of Disadvantaged Youth (REMEDY) Act''.\n\nSEC. 2. REINSTATEMENT OF ENROLLMENT FOR MEDICAID AND SCHIP BENEFITS FOR \n CERTAIN YOUTH UPON RELEASE FROM PUBLIC INSTITUTIONS.\n\n (a) Application to Medicaid.--Section 1902(a) of the Social \nSecurity Act (42 U.S.C. 1396b) is amended--\n (1) by striking ``and'' at the end of paragraph (69);\n (2) by striking the period at the end of paragraph (70) and \n inserting ``; and''; and\n (3) by inserting after paragraph (70) the following new \n paragraph:\n ``(71) provide that in the case of any individual who is a \n youth, as determined under the State plan for purposes of \n eligibility for medical assistance under such plan, as of the \n date of becoming an inmate of a public institution and who is a \n youth (as so determined) at the time of release from such \n institution, if the individual was enrolled for medical \n assistance under the State plan immediately before becoming \n such an inmate the State must suspend, rather than terminate, \n such enrollment for such individual during the period in which \n such individual is such an inmate in a manner such that--\n ``(A) the enrollment of such individual shall be \n reinstated upon release from such institution unless \n and until there is a determination that the individual \n is no longer eligible to be so enrolled; and\n ``(B) any period of continuous eligibility in \n effect on the date the individual became such an inmate \n shall be reinstated as of the date of the release and \n the duration of such period shall be determined without \n regard to the period in which the individual was such \n an inmate.''.\n (b) Application to SCHIP.--Section 2102(b)(1) of the Social \nSecurity Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end \nthe following new subparagraph:\n ``(C) Reinstatement of enrollment for certain youth \n upon release from public institutions.--A State child \n health plan shall provide that in the case of any child \n who becomes an inmate of a public institution and who \n is still a child at the time of release from such \n institution, if the child was enrolled for child health \n assistance under the State child health plan \n immediately before becoming such an inmate the State \n must suspend, rather than terminate, such enrollment \n for such child during the period in which such child is \n such an inmate in a manner such that--\n ``(i) the enrollment of such child shall be \n reinstated upon release from such institution \n unless and until there is a determination that \n the child is no longer eligible to be so \n enrolled; and\n ``(ii) any period of continuous eligibility \n in effect on the date the child became such an \n inmate shall be reinstated as of the date of \n the release and the duration of such period \n shall be determined without regard to the \n period in which the child was such an \n inmate.''.\n (c) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by this section shall apply to individuals who become \n inmates of a public institution on or after January 1, 2009.\n (2) Exception if state legislation required.--In the case \n of a State plan for medical assistance under title XIX of the \n Social Security Act, or a State child health plan for child \n health assistance under title XXI of such Act, which the \n Secretary of Health and Human Services determines requires \n State legislation (other than legislation appropriating funds) \n in order for the plan to meet the additional requirement \n imposed by the amendment made by subsection (a)(3) or (b), \n respectively, the State plan or State child health plan, \n respectively, shall not be regarded as failing to comply with \n the requirements of such title solely on the basis of its \n failure to meet such respective additional requirement before \n the first day of the first calendar quarter beginning after the \n close of the first regular session of the State legislature \n that begins after the date of the enactment of this Act. For \n purposes of the previous sentence, in the case of a State that \n has a 2-year legislative session, each year of such session \n shall be deemed to be a separate regular session of the State \n legislature.","summary":"Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act - Amends titles XIX (Medicaid) and XXI (SCHIP) of the Social Security Act to require a state plan to provide for the reinstatement to enrollment for medical assistance and child health assistance upon release from a public institution of an individual youth who was enrolled for such assistance immediately before becoming an inmate of such institution.","title":"To amend titles XIX and XXI of the Social Security Act to provide for the reinstatement of enrollment for medical assistance and child health assistance of certain youth who were enrolled for such assistance immediately before becoming inmates of public institutions upon the release of such youth from such institutions.","text_len":5214,"sum_len":442} {"bill_id":"109_s2917","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Freedom Preservation Act''.\n\nSEC. 2. INTERNET NEUTRALITY.\n\n Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) \nis amended by adding at the end the following:\n\n``SEC. 12. INTERNET NEUTRALITY.\n\n ``(a) Duty of Broadband Service Providers.--With respect to any \nbroadband service offered to the public, each broadband service \nprovider shall--\n ``(1) not block, interfere with, discriminate against, \n impair, or degrade the ability of any person to use a broadband \n service to access, use, send, post, receive, or offer any \n lawful content, application, or service made available via the \n Internet;\n ``(2) not prevent or obstruct a user from attaching or \n using any device to the network of such broadband service \n provider, only if such device does not physically damage or \n substantially degrade the use of such network by other \n subscribers;\n ``(3) provide and make available to each user information \n about such user's access to the Internet, and the speed, \n nature, and limitations of such user's broadband service;\n ``(4) enable any content, application, or service made \n available via the Internet to be offered, provided, or posted \n on a basis that--\n ``(A) is reasonable and nondiscriminatory, \n including with respect to quality of service, access, \n speed, and bandwidth;\n ``(B) is at least equivalent to the access, speed, \n quality of service, and bandwidth that such broadband \n service provider offers to affiliated content, \n applications, or services made available via the public \n Internet into the network of such broadband service \n provider; and\n ``(C) does not impose a charge on the basis of the \n type of content, applications, or services made \n available via the Internet into the network of such \n broadband service provider;\n ``(5) only prioritize content, applications, or services \n accessed by a user that is made available via the Internet \n within the network of such broadband service provider based on \n the type of content, applications, or services and the level of \n service purchased by the user, without charge for such \n prioritization; and\n ``(6) not install or utilize network features, functions, \n or capabilities that impede or hinder compliance with this \n section.\n ``(b) Certain Management and Business-Related Practices.--Nothing \nin this section shall be construed to prohibit a broadband service \nprovider from engaging in any activity, provided that such activity is \nnot inconsistent with the requirements of subsection (a), including--\n ``(1) protecting the security of a user's computer on the \n network of such broadband service provider, or managing such \n network in a manner that does not distinguish based on the \n source or ownership of content, application, or service;\n ``(2) offering directly to each user broadband service that \n does not distinguish based on the source or ownership of \n content, application, or service, at different prices based on \n defined levels of bandwidth or the actual quantity of data flow \n over a user's connection;\n ``(3) offering consumer protection services (including \n parental controls for indecency or unwanted content, software \n for the prevention of unsolicited commercial electronic \n messages, or other similar capabilities), if each user is \n provided clear and accurate advance notice of the ability of \n such user to refuse or disable individually provided consumer \n protection capabilities;\n ``(4) handling breaches of the terms of service offered by \n such broadband service provider by a subscriber, provided that \n such terms of service are not inconsistent with the \n requirements of subsection (a); or\n ``(5) where otherwise required by law, to prevent any \n violation of Federal or State law.\n ``(c) Exception.--Nothing in this section shall apply to any \nservice regulated under title VI, regardless of the physical \ntransmission facilities used to provide or transmit such service.\n ``(d) Stand-Alone Broadband Service.--A broadband service provider \nshall not require a subscriber, as a condition on the purchase of any \nbroadband service offered by such broadband service provider, to \npurchase any cable service, telecommunications service, or IP-enabled \nvoice service.\n ``(e) Implementation.--Not later than 180 days after the date of \nenactment of the Internet Freedom Preservation Act, the Commission \nshall prescribe rules to implement this section that--\n ``(1) permit any aggrieved person to file a complaint with \n the Commission concerning any violation of this section; and\n ``(2) establish enforcement and expedited adjudicatory \n review procedures consistent with the objectives of this \n section, including the resolution of any complaint described in \n paragraph (1) not later than 90 days after such complaint was \n filed, except for good cause shown.\n ``(f) Enforcement.--\n ``(1) In general.--The Commission shall enforce compliance \n with this section under title V, except that--\n ``(A) no forfeiture liability shall be determined \n under section 503(b) against any person unless such \n person receives the notice required by section \n 503(b)(3) or section 503(b)(4); and\n ``(B) the provisions of section 503(b)(5) shall not \n apply.\n ``(2) Special orders.--In addition to any other remedy \n provided under this Act, the Commission may issue any \n appropriate order, including an order directing a broadband \n service provider--\n ``(A) to pay damages to a complaining party for a \n violation of this section or the regulations hereunder; \n or\n ``(B) to enforce the provisions of this section.\n ``(g) Definitions.--In this section, the following definitions \nshall apply:\n ``(1) Affiliated.--The term `affiliated' includes--\n ``(A) a person that (directly or indirectly) owns \n or controls, is owned or controlled by, or is under \n common ownership or control with, another person; or\n ``(B) a person that has a contract or other \n arrangement with a content, applications, or service \n provider relating to access to or distribution of such \n content, applications, or service.\n ``(2) Broadband service.--The term `broadband service' \n means a 2-way transmission that--\n ``(A) connects to the Internet regardless of the \n physical transmission facilities used; and\n ``(B) transmits information at an average rate of \n at least 200 kilobits per second in at least 1 \n direction.\n ``(3) Broadband service provider.--The term `broadband \n service provider' means a person or entity that controls, \n operates, or resells and controls any facility used to provide \n broadband service to the public, whether provided for a fee or \n for free.\n ``(4) IP-enabled voice service.--The term `IP-enabled voice \n service' means the provision of real-time 2-way voice \n communications offered to the public, or such classes of users \n as to be effectively available to the public, transmitted \n through customer premises equipment using TCP\/IP protocol, or a \n successor protocol, for a fee (whether part of a bundle of \n services or separately) with interconnection capability such \n that service can originate traffic to, and terminate traffic \n from, the public switched telephone network\n ``(5) User.--The term `user' means any residential or \n business subscriber who, by way of a broadband service, takes \n and utilizes Internet services, whether provided for a fee, in \n exchange for an explicit benefit, or for free.''.\n\nSEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES.\n\n Not later than 270 days after the date of enactment of this Act, \nand annually thereafter, the Federal Communications Commission shall \ntransmit a report to the Committee on Commerce, Science, and \nTransportation of the Senate and the Committee on Energy and Commerce \nof the House of Representatives on the--\n (1) ability of providers of content, applications, or \n services to transmit and send such information into and over \n broadband networks;\n (2) ability of competing providers of transmission \n capability to transmit and send such information into and over \n broadband networks;\n (3) price, terms, and conditions for transmitting and \n sending such information into and over broadband networks;\n (4) number of entities that transmit and send information \n into and over broadband networks; and\n (5) state of competition among those entities that transmit \n and send information into and over broadband networks.","summary":"Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.","title":"A bill to amend the Communications Act of 1934 to ensure net neutrality.","text_len":9787,"sum_len":878} {"bill_id":"114_s1215","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Methane Hydrate Research and \nDevelopment Amendments Act of 2015''.\n\nSEC. 2. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT ACT \n OF 2000.\n\n (a) Findings.--Section 2 of the Methane Hydrate Research and \nDevelopment Act of 2000 (30 U.S.C. 2001) is amended--\n (1) in paragraph (4), by striking ``and'' at the end;\n (2) in paragraph (5), by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following:\n ``(6) methane is a powerful greenhouse gas that may be \n exchanged between terrestrial methane hydrate reservoirs and \n the atmosphere by natural or anthropogenic processes; and\n ``(7) the short- and long-term release of methane from \n arctic or marine reservoirs may have significant environmental \n effects, including global climate change.''.\n (b) Methane Hydrate Research and Development Program.--\n (1) In general.--Section 4 of the Methane Hydrate Research \n and Development Act of 2000 (30 U.S.C. 2003) is amended by \n striking subsection (b) and inserting the following:\n ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds \nTransfer Agreements, and Field Work Proposals.--\n ``(1) Assistance and coordination.--In carrying out the \n program of methane hydrate research and development authorized \n by this section, the Secretary may award grants to, or enter \n into contracts or cooperative agreements with, institutions \n that--\n ``(A) conduct basic and applied research to \n identify, explore, assess, and develop methane hydrate \n as a commercially viable source of energy;\n ``(B) identify and characterize methane hydrate \n resources using remote sensing and seismic data, \n including the characterization of hydrate \n concentrations in marine reservoirs in the Gulf of \n Mexico or the Atlantic Ocean Basin by the date that is \n 4 years after the date of enactment of the Methane \n Hydrate Research and Development Amendments Act of \n 2015;\n ``(C) develop technologies required for efficient \n and environmentally sound development of methane \n hydrate resources;\n ``(D) conduct basic and applied research to assess \n and mitigate the environmental impact of hydrate \n degassing (including natural degassing and degassing \n associated with commercial development);\n ``(E) develop technologies to reduce the risks of \n drilling through methane hydrates;\n ``(F) conduct exploratory drilling, well testing, \n and production testing operations on permafrost and \n nonpermafrost gas hydrates in support of the activities \n authorized by this paragraph, including--\n ``(i) drilling of a test well and \n performing a long-term hydrate production test \n on land in the United States Arctic region by \n the date that is 4 years after the date of \n enactment of the Methane Hydrate Research and \n Development Amendments Act of 2015;\n ``(ii) drilling of a test well and \n performing a long-term hydrate production test \n in a marine environment by the date that is 10 \n years after the date of enactment of the \n Methane Hydrate Research and Development \n Amendments Act of 2015; and\n ``(iii) drilling a full-scale production \n test well at a location to be determined by the \n Secretary; or\n ``(G) expand education and training programs in \n methane hydrate resource research and resource \n development through fellowships or other means for \n graduate education and training.\n ``(2) Environmental monitoring.--The Secretary shall \n conduct a long-term environmental monitoring program to study \n the effects of production from methane hydrate reservoirs.\n ``(3) Competitive peer review.--Funds made available under \n paragraphs (1) and (2) shall be made available based on a \n competitive process using external scientific peer review of \n proposed research.''.\n (2) Conforming amendment.--Section 4(e) of the Methane \n Hydrate Research and Development Act of 2000 (30 U.S.C. \n 2003(e)) is amended in the matter preceding paragraph (1) by \n striking ``subsection (b)(1)'' and inserting ``paragraphs (1) \n and (2) of subsection (b)''.\n (c) Authorization of Appropriations.--The Methane Hydrate Research \nand Development Act of 2000 is amended by striking section 7 (30 U.S.C. \n2006) and inserting the following:\n\n``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Secretary such \nsums as are necessary to carry out this Act.''.","summary":"Methane Hydrate Research and Development Amendments Act of 2015 This bill amends the Methane Hydrate Research and Development Act of 2000 to revise and reauthorize the Department of Energy's (DOE) program of methane hydrate research and development. In carrying out the program, DOE may award grants to, or enter into contracts or cooperative agreements with, institutions that: (1) drill a test well and perform a long-term hydrate production test on land in the US Arctic region within 4 years, (2) drill a test well and perform a long-term hydrate production test in a marine environment within 10 years, or (3) drill a full-scale production test well at a location to be determined by DOE. DOE must conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs.","title":"Methane Hydrate Research and Development Amendments Act of 2015","text_len":5486,"sum_len":823} {"bill_id":"114_s1564","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guaranteed Paid Vacation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Eligible employee.--The term ``eligible employee'' \n means an employee who--\n (A) has been employed for not less than 1 year by \n the employer providing the paid vacation time under \n section 3; and\n (B) through such employment, has provided not less \n than 1,250 hours of service to such employer during the \n previous year.\n (2) Employee.--The term ``employee'' means an individual \n who is--\n (A)(i) an employee, as defined in section 3(e) of \n the Fair Labor Standards Act of 1938 (29 U.S.C. \n 203(e)), who is not covered under subparagraph (E), \n including such an employee of the Library of Congress, \n except that a reference in such section to an employer \n shall be considered to be a reference to an employer \n who employs not less than 15 employees at any time \n during a calendar year and is described in clauses \n (i)(I) and (ii) of paragraph (3)(A); or\n (ii) an employee of the Government Accountability \n Office;\n (B) a State employee described in section 304(a) of \n the Government Employee Rights Act of 1991 (42 U.S.C. \n 2000e-16c(a));\n (C) a covered employee, as defined in section 101 \n of the Congressional Accountability Act of 1995 (2 \n U.S.C. 1301), other than an applicant for employment;\n (D) a covered employee, as defined in section \n 411(c) of title 3, United States Code; or\n (E) a Federal officer or employee covered under \n subchapter V of chapter 63 of title 5, United States \n Code.\n (3) Employer.--\n (A) In general.--The term ``employer'' means a \n person who employs not less than 15 employees at any \n time during a calender year and is--\n (i)(I) a covered employer, as defined in \n subparagraph (B), who is not covered under \n subclause (V);\n (II) an entity employing a State employee \n described in section 304(a) of the Government \n Employee Rights Act of 1991;\n (III) an employing office, as defined in \n section 101 of the Congressional Accountability \n Act of 1995;\n (IV) an employing office, as defined in \n section 411(c) of title 3, United States Code; \n or\n (V) an employing agency covered under \n subchapter V of chapter 63 of title 5, United \n States Code; and\n (ii) is engaged in commerce (including \n government), or an industry or activity \n affecting commerce (including government), as \n defined in subparagraph (B)(iii).\n (B) Covered employer.--\n (i) In general.--In subparagraph (A)(i)(I), \n the term ``covered employer''--\n (I) means any person engaged in \n commerce or in any industry or activity \n affecting commerce;\n (II) includes--\n (aa) any person who acts, \n directly or indirectly, in the \n interest of an employer to any \n of the employees of such \n employer; and\n (bb) any successor in \n interest of an employer;\n (III) includes any ``public \n agency'', as defined in section 3(x) of \n the Fair Labor Standards Act of 1938 \n (29 U.S.C. 203(x)); and\n (IV) includes the Government \n Accountability Office and the Library \n of Congress.\n (ii) Public agency.--For purposes of clause \n (i)(III), a public agency shall be considered \n to be a person engaged in commerce or in an \n industry or activity affecting commerce.\n (iii) Definitions.--For purposes of this \n subparagraph:\n (I) Commerce.--The terms \n ``commerce'' and ``industry or activity \n affecting commerce'' mean any activity, \n business, or industry in commerce or in \n which a labor dispute would hinder or \n obstruct commerce or the free flow of \n commerce, and include ``commerce'' and \n any ``industry affecting commerce'', as \n defined in paragraphs (1) and (3) of \n section 501 of the Labor Management \n Relations Act, 1947 (29 U.S.C. 142 (1) \n and (3)).\n (II) Employee.--The term \n ``employee'' has the same meaning given \n such term in section 3(e) of the Fair \n Labor Standards Act of 1938 (29 U.S.C. \n 203(e)).\n (III) Person.--The term ``person'' \n has the same meaning given such term in \n section 3(a) of the Fair Labor \n Standards Act of 1938 (29 U.S.C. \n 203(a)).\n (C) Predecessors.--Any reference in this paragraph \n to an employer shall include a reference to any \n predecessor of such employer.\n (4) Paid vacation time.--The term ``paid vacation time'' \n means an increment of compensated leave to which an eligible \n employee is entitled under section 3 to use during an absence \n from employment, in accordance with the provisions of such \n section. For purposes of this paragraph and section 3, any sick \n leave, family leave, or leave otherwise required by law (other \n than this Act) shall not be treated as or counted towards leave \n to which an eligible employee is entitled under section 3.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n\nSEC. 3. GUARANTEED PAID VACATION TIME.\n\n (a) In General.--Beginning 1 year after the date of enactment of \nthis Act, an eligible employee of an employer shall be entitled to not \nless than 10 days of paid vacation time during each 12-month period to \nbe used on consecutive or nonconsecutive days.\n (b) Limitation on Carryover.--Any paid vacation time that is not \nused during the applicable 12-month period shall not carry over to a \nsubsequent 12-month period.\n (c) Written Notice.--Not later than 15 days prior to the date on \nwhich an eligible employee is to begin to use any paid vacation time, \nthe eligible employee shall provide the employer with written notice of \nthe intention to use such paid vacation time, including an indication \nof the dates on which such paid vacation time are to begin and end.\n (d) Compensation.--\n (1) Rate of compensation.--\n (A) In general.--Subject to subparagraph (B), an \n eligible employee using paid vacation time shall be \n compensated at the rate at which such eligible employee \n would be compensated if not using paid vacation time.\n (B) Tipped employees.--An eligible employee who is \n a tipped employee using paid vacation time shall be \n compensated at the rate in effect under section 6(a)(1) \n of the Fair Labor Standards Act of 1938 (29 U.S.C. \n 206(a)(1)).\n (2) Employment benefits.--\n (A) In general.--Any employment benefits offered to \n an eligible employee, when such eligible employee is \n not using paid vacation time, shall continue to be \n offered to such eligible employee when such eligible \n employee is using paid vacation time. Such continued \n employment benefits shall be offered at the same level \n and under the same conditions as employment benefits \n offered to such eligible employee when such eligible \n employee is not using paid vacation time.\n (B) Cost contributions.--If the employer requires \n an eligible employee to contribute to the cost of the \n benefits described in subparagraph (A), the employer \n may require that such eligible employee contribute to \n such cost during the use of paid vacation time at the \n same rate as the rate at which such eligible employee \n would otherwise be required to contribute if not using \n paid vacation time.\n (C) Restoration to position.--Any eligible employee \n who uses paid vacation time shall be entitled, on \n return from using such paid vacation time, to be \n restored by the employer to the position of employment \n held by such eligible employee when such paid vacation \n time commenced.\n (e) Employers With Existing Policies.--Any employer with a paid \nleave policy who provides an amount of paid leave that is sufficient to \nmeet the requirements of this section and that may be used under the \nsame conditions as the conditions described in this section shall not \nbe required to provide an eligible employee with additional paid \nvacation time under this section.\n (f) Enforcement.--\n (1) Employees covered by the fair labor standards act of \n 1938 and other employees.--\n (A) Definition.--In this paragraph--\n (i) the term ``eligible employee'' means an \n eligible employee who is an employee described \n in subparagraph (A) or (B) of section 2(2); and\n (ii) the term ``employer'' means an \n employer who employs not less than 15 employees \n at any time during a calendar year and is \n described in subclause (I) or (II) of section \n 2(3)(A)(i).\n (B) Secretary of labor.--With respect to an \n eligible employee and an employer and notwithstanding \n section 13 of the Fair Labor Standards Act of 1938 (29 \n U.S.C. 213), the Secretary shall receive, investigate, \n attempt to resolve, and enforce a complaint of a \n violation of this Act in the same manner that the \n Secretary receives, investigates, attempts to resolve, \n and enforces a complaint of a violation of section 7 of \n the Fair Labor Standards Act of 1938 (29 U.S.C. 207). \n An employer's liability for a violation under this Act \n shall be, as the case may be--\n (i) the amount of unpaid vacation time owed \n to such employee under this section, and an \n additional equal amount as liquidated damages; \n or\n (ii) compensation in accordance with \n subsection (d) for any uncompensated unpaid \n vacation time used by the eligible employee, \n and an additional equal amount as liquidated \n damages.\n (C) Government accountability office.--\n Notwithstanding any other provision of this paragraph, \n in the case of the Government Accountability Office and \n the Library of Congress, the authority of the Secretary \n under this paragraph shall be exercised respectively by \n the Comptroller General of the United States and the \n Librarian of Congress.\n (2) Employees covered by congressional accountability act \n of 1995.--The powers, remedies, and procedures provided in the \n Congressional Accountability Act of 1995 (2 U.S.C. 1301 et \n seq.) to the Board (as defined in section 101 of that Act (2 \n U.S.C. 1301)), or any person, alleging a violation of section \n 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the \n powers, remedies, and procedures this Act provides to that \n Board, or any person, alleging an unlawful employment practice \n in violation of this Act against an eligible employee who is an \n employee described in section 2(2)(C).\n (3) Employees covered by chapter 5 of title 3, united \n states code.--The powers, remedies, and procedures provided in \n chapter 5 of title 3, United States Code, to the President, the \n Merit Systems Protection Board, or any person, alleging a \n violation of section 412(a)(1) of that title, shall be the \n powers, remedies, and procedures this Act provides to the \n President, that Board, or any person, respectively, alleging an \n unlawful employment practice in violation of this Act against \n an eligible employee who is an employee described in section \n 2(2)(D).\n (4) Employees covered by chapter 63 of title 5, united \n states code.--The powers, remedies, and procedures provided in \n title 5, United States Code, to an employing agency, provided \n in chapter 12 of that title to the Merit Systems Protection \n Board, or provided in that title to any person, alleging a \n violation of chapter 63 of that title, shall be the powers, \n remedies, and procedures this Act provides to that agency, that \n Board, or any person, respectively, alleging an unlawful \n employment practice in violation of this Act against an \n eligible employee who is an employee described in section \n 2(2)(E).\n\nSEC. 4. PUBLIC AWARENESS CAMPAIGN BY THE DEPARTMENT OF LABOR.\n\n (a) In General.--The Secretary is authorized to conduct a public \nawareness campaign, through the Internet and other media, to inform the \npublic of an eligible employee's entitlement to paid vacation time \nunder this Act.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out subsection (a).","summary":"Guaranteed Paid Vacation Act This bill amends the Fair Labor Standards Act to require specified employers who employ at least 15 employees at any time during a calendar year to provide each eligible employee at least 10 days of paid vacation time during each 12-month period, to be used on consecutive or nonconsecutive days. An employee is eligible for paid vacation time only if he or she has been employed by the employer for at least one year and has worked at least 1,250 hours for that employer during the previous year. The employee must give the employer at least 15 days' prior notice of his or her intent to take paid vacation, including the dates it will begin and end. The Department of Labor shall conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under the Act.","title":"Guaranteed Paid Vacation Act","text_len":15802,"sum_len":881} {"bill_id":"104_s1677","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Citizenship Promotion Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) American democracy performs best when the maximum \n number of people subject to its laws participate in the \n political process, at all levels of government.\n (2) Citizenship actively exercised will better assure that \n individuals both assert their rights and fulfill their \n responsibilities of membership within our political community, \n thereby benefiting all citizens and residents of the United \n States.\n\nSEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.\n\n Title III of the Immigration and Nationality Act is amended by \nadding at the end the following new chapter:\n\n ``CHAPTER 5--CITIZENSHIP PROMOTION\n\n``SEC. 371. DEFINITIONS.\n\n ``As used in this chapter--\n ``(1) the term `Agency' means the United States Citizenship \n Promotion Agency; and\n ``(2) the term `Board' means the National Advisory Board on \n Citizenship established by section 373.\n\n``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY.\n\n ``(a) Establishment.--There is established within the Immigration \nand Naturalization Service an agency to be known as the United States \nCitizenship Promotion Agency.\n ``(b) Mission.--The Agency shall have as its mission the following:\n ``(1) To carry out the functions relating to naturalization \n arising under chapter 2 of this title.\n ``(2) To assist in the implementation of a comprehensive \n program of encouraging and assisting eligible immigrants to \n become naturalized citizens as soon thereafter as they become \n eligible to do so.\n ``(c) Headed by Associate Commissioner.--\n ``(1) Appointment.--The Agency shall be headed by an \n Associate Commissioner for Citizenship. Reasonable efforts \n shall be made to fill the position with a naturalized citizen \n of the United States.\n ``(2) Compensation.--The position of Associate Commissioner \n for Citizenship shall be a position in the Senior Executive \n Service.\n ``(d) Powers.--The Agency is authorized to exercise all necessary \nand appropriate powers and duties to carry out its mission, including \nthe authority--\n ``(1) to enter into cooperative agreements with Federal, \n State, and local governmental entities;\n ``(2) to enter into contracts, subject to the availability \n of appropriations; and\n ``(3) to make grants to private and nonprofit entities.\n ``(e) Role of Advisory Board.--The Commissioner and the Associate \nCommissioner for Citizenship shall seek the consultation and advice of \nthe Board regarding the policies, practices, and procedures used by the \nAgency in fulfillment of its duties.\n ``(f) Termination of Existing Offices and Positions.--(1) There are \ntransferred to the Agency all functions being exercised before the date \nof enactment of the Citizenship Promotion Act of 1996 by the Attorney \nGeneral, the Commissioner, or the Service relating to the following:\n ``(A) The naturalization of persons under chapter 2 of this \n title.\n ``(B) The encouragement and assistance of eligible \n immigrants to become naturalized citizens.\n ``(2) Upon such date, the Commissioner shall abolish or \nconsolidate, as the case may be, any office or position existing before \nsuch date within the Service that performed functions transferred under \nparagraph (1), if such office or position is not otherwise created by \nstatute.\n ``(3) The personnel employed in connection with, and the assets, \nliabilities, contracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds employed, \nused, held, arising from, available to, or to be made available in \nconnection with the functions transferred under this paragraph (1), \nsubject to section 1531 of title 31, United States Code, shall be \ntransferred to the Agency.\n\n``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP.\n\n ``(a) Establishment.--There is established the National Advisory \nBoard on Citizenship to advise the Associate Commissioner for \nCitizenship, the Attorney General, the President, and Congress \nregarding the carrying out of the Agency's objectives.\n ``(b) Composition.--(1) The Board shall be composed of 9 voting \nmembers, who shall be appointed by the Attorney General, except as \notherwise provided, as follows:\n ``(A) One member drawn from among individuals having \n extensive academic experience in the study of immigration.\n ``(B) Two members drawn from among individuals having been \n recently naturalized, including at least one who is engaged in \n nonprofessional employment.\n ``(C) Two members drawn from among individuals having \n extensive recent experience in counseling and advising resident \n aliens to become naturalized citizens.\n ``(D) Two members drawn from among individuals who have \n extensive experience working with the immigrant community.\n ``(E) One member to be appointed by the Committee on the \n Judiciary of the Senate.\n ``(F) One member to be appointed by the Committee on the \n Judiciary of the House of Representatives.\n ``(2) The Assistant Secretary of Education for Vocational and Adult \nEducation, or his or her designee, shall serve on the Board in a \nnonvoting capacity.\n ``(3) The voting members shall serve staggered terms in a manner to \nbe prescribed by the Attorney General.\n ``(4) At the first meeting of the Board each year, the members of \nthe Board shall elect a chair and vice chair, who shall serve for a \nterm of one year.\n ``(5) The Board shall meet no more frequently than quarterly each \nyear to carry out its responsibilities under subsection (c).\n ``(c) Responsibilities.--(1) The Board shall have the general \nresponsibility to prepare independent biannual reports relating to the \nadministration of policies of the Agency. Such reports may include \nminority reports, if timely submitted.\n ``(2) In the course of carrying out its responsibilities, the Board \nmay do the following:\n ``(A) Review the policies, plans, and objectives of the \n Agency, including the effectiveness thereof, both short- and \n long-term.\n ``(B) Review programs and policies of other Federal and \n State agencies under the area of oversight of the Agency, as is \n necessary, including the effectiveness thereof, both short- and \n long-term.\n ``(C) Assess the resources and funds for the Agency, and \n make reports and recommendations to the Commissioner and \n Congress.\n ``(3) The Board shall give an annual oral report to the Attorney \nGeneral, the Commissioner, and the Associate Commissioner for \nCitizenship.\n ``(d) Administrative Matters.--The Attorney General shall approve \nthe budget of the Board. The Attorney General and the Commissioner \nshall provide administrative support, including staffing, to enable the \nBoard to fulfill its functions.\n ``(e) Compensation.--While away from their homes or regular places \nof business in the performance of duties for the Board, Board members \nshall be compensated at a rate not to exceed $100 per day and shall be \nallowed reasonable travel expenses.\n ``(f) Applicability of Federal Advisory Committee Act.--The \nprovisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall \napply to the Board, except to the extent that this section establishes \ncontrary policies or procedures.\n\n``SEC. 374. NATURALIZATION OUTREACH.\n\n ``In order to enable the Agency to fulfill its naturalization \noutreach duties, the Agency--\n ``(1) shall seek the assistance of appropriate community \n groups, private voluntary agencies, and other appropriate \n organizations; and\n ``(2) may enter into cooperative agreements with, or make \n grants to, such other governmental, private, and nonprofit \n entities (including entities that encourage or facilitate \n community service or are engaged in such service) that it \n considers useful in carrying out such duties.\n\n``SEC. 375. FEES.\n\n ``(a) Naturalization Examinations Fee Account.--There is \nestablished in the general fund of the Treasury of the United States a \nseparate account which shall be known as the `Naturalization \nExaminations Fee Account' (hereafter in this section referred to as the \n`Account').\n ``(b) Deposits.--(1) There shall be deposited into the Account the \nfollowing:\n ``(A) All funds in the Immigration Examinations Fee Account \n that were collected pursuant to section 344(a) before the date \n of the enactment of the Citizenship Promotion Act of 1996 and \n that remain available for obligation on such date.\n ``(B) Except as provided in paragraph (2), all fees paid to \n the Attorney General pursuant to section 344(a) after such \n date.\n ``(2) Fees paid after such date pursuant to section 344(a) by \napplicants residing in the United States Virgin Islands, and in Guam, \nshall be paid over to the treasury of the Virgin Islands and the \ntreasury of Guam, respectively.\n ``(c) Amount of Fees.--The Attorney General shall establish, and \nmay revise from time to time, the amount of the fees to be collected \npursuant to section 344(a) for deposit into the Account. The amount of \nsuch fees may be set at a level that will ensure the full recovery of \nthe costs referred to in subsection (d)(1) and the costs of the \nadministration of such fees.\n ``(d) Use of Funds.--(1) The Attorney General may use funds in the \nAccount to cover the following:\n ``(A) The costs of the Agency in carrying out \n naturalization functions under chapter 2 of this title.\n ``(B) The costs of the Agency in encouraging and assisting \n eligible immigrants in becoming naturalized citizens under this \n chapter, including the facilitation of instruction of \n immigrants in the English language.\n ``(C) The costs of the Agency in collecting fees for \n deposit into the Account and in administering the Account.\n ``(2) Amounts in the Account shall remain available until expended.\n ``(e) Annual Financial Statements.--The Attorney General shall \nprepare and submit annually to Congress statements of financial \ncondition of the Account, including beginning account balance revenues, \nwithdrawals, and ending account balance and projections for the ensuing \nfiscal year.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n The Immigration and Nationality Act is amended--\n (1) in section 286 (8 U.S.C. 1356)--\n (A) in the second proviso of subsection (m), by \n striking ``and naturalization''; and\n (B) in subsection (n), by striking ``and \n naturalization''; and\n (2) in section 332 (8 U.S.C. 1443)--\n (A) in subsection (a), by inserting after the first \n sentence the following new sentence: ``The Attorney \n General shall discharge such provisions through the \n United States Citizenship Promotion Agency established \n under chapter 5 of this title.''; and\n (B) by striking subsection (h).","summary":"Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service. Establishes the National Advisory Board on Citizenship. Directs the Agency to carry out naturalization outreach activities. Establishes in the Treasury the Naturalization Examinations Fee Account.","title":"Citizenship Promotion Act of 1996","text_len":11668,"sum_len":510} {"bill_id":"112_hr3249","text":"SECTION 1. SMALL EMPLOYER BENEFIT ARRANGEMENTS.\n\n (a) Amendments to IRC.--\n (1) In general.--Section 414 of the Internal Revenue Code \n of 1986 is amended by adding at the end the following new \n subsection:\n ``(y) Small Employer Benefit Arrangements.--\n ``(1) Treatment as employer.--\n ``(A) Retirement, accident, and health insurance.--\n A small employer benefit arrangement meeting the \n requirements of this subsection shall be treated as an \n `employer' for the purpose of providing qualified \n retirement and accident and health plans (including a \n plan qualified under section 105(h) or section 125) or \n group-term life insurance under section 79.\n ``(B) Allocation of income.--Notwithstanding \n subparagraph (A), the shareholder-members of the small \n employer benefit arrangement shall be treated as \n employers for purposes of administering and allocating \n items of income, credits, deductions, or exclusions \n associated with the provision of employee benefits.\n ``(2) Certain organizations prohibited.--\n ``(A) In general.--An organization shall not be \n treated as a small employer benefit arrangement if the \n small employer benefit arrangement or any related \n entity is owned, in whole or in part, or managed or \n controlled in whole or in part, by any management \n agreement or certificates of indebtedness, directly or \n indirectly, or by an agents, brokers or providers of \n a--\n ``(i) health, life, or disability insurer;\n ``(ii) retirement plan service provider \n (including persons who provide plan design, \n administration, and investment advice services \n to retirement plans);\n ``(iii) claim administrators; and\n ``(iv) investment advisors.\n ``(B) Ordinary provision of products and \n services.--Nothing in this paragraph shall be \n construed--\n ``(i) to prohibit a small employer benefit \n arrangement from contracting for the ordinary \n provision of products and services from any \n persons or organizations that might otherwise \n be prohibited from having an ownership or \n management interest in a small employer benefit \n arrangement, or\n ``(ii) to prohibit small employer benefit \n arrangements from creating, by and between \n themselves, service organizations owned and \n controlled exclusively by small employer \n benefit arrangements to provide for such \n products and services in the fulfillment of \n their purposes.\n ``(3) Definition.--The term `small employer benefit \n arrangement' means a member owned, democratically controlled \n cooperative organization that--\n ``(A) meets the requirements of subchapter T;\n ``(B) has at least 21 shareholders of whom 90 \n percent are in the same or similar line of business;\n ``(C) sponsors an accident and health plan for \n shareholder-members and any employees of shareholder-\n members;\n ``(D) sponsors a qualified retirement plan that \n meets the requirements of paragraph (12) or (13) of \n section 401(k) and is available to shareholder-members \n and any employees of shareholder-members;\n ``(E) provides employee benefits pursuant to a \n written agreement; and\n ``(F) requires all benefit eligible employees of a \n shareholder-member to participate according to the same \n statutory eligibility criteria normally accorded such \n persons.''.\n (2) Effective date.--The amendments made by this subsection \n shall apply with respect to plan years beginning on or after \n the date of the enactment of this Act.\n (b) Amendments to ERISA.--\n (1) Treatment as employer.--Section 3 of the Employee \n Retirement and Income Security Act (29 U.S.C. 1002) is \n amended--\n (A) in paragraph (5), by inserting ``or a small \n employer benefit arrangement'' after ``a group or \n association of employers''; and\n (B) by adding at the end the following new \n paragraph:\n ``(43) The term `small employer benefit arrangement' means a member \nowned, democratically controlled cooperative organization that--\n ``(A) meets the requirements of subchapter T of chapter 1 \n of the Internal Revenue Code of 1986;\n ``(B) has at least 21 shareholders of whom 90 percent are \n in the same or similar line of business;\n ``(C) sponsors an accident and health plan for shareholder-\n members and any employees of shareholder-members;\n ``(D) sponsors a qualified retirement plan that meets the \n requirements of paragraph (12) or (13) of section 401(k) of the \n Internal Revenue Code of 1986 and is available to shareholder-\n members and any employees of shareholder-members;\n ``(E) provides employee benefits pursuant to a written \n agreement; and\n ``(F) requires all benefit eligible employees of a \n shareholder-member to participate according to the same \n statutory eligibility criteria normally accorded such \n persons.''.\n (2) Self-insurance prohibited.--Section 609 of such Act (29 \n U.S.C. 1169) is amended--\n (A) by redesignating subsection (e) as subsection \n (f); and\n (B) by inserting after subsection (d) the following \n new subsection:\n ``(e) Small Employer Benefit Arrangements.--\n ``(1) Self-insurance prohibited.--Any group health plan \n established or maintained by a small employer benefit \n arrangement shall be fully insured.\n ``(2) Fully insured defined.--A group health plan \n established or maintained by a small employer benefit \n arrangement shall be considered fully insured only if the terms \n of the arrangement provide for benefits the amount of all of \n which the Secretary determines are guaranteed under a contract, \n or policy of insurance, issued by an insurance company, \n insurance service, or insurance organization, qualified to \n conduct business in a State.''.\n (3) Effective date.--The amendments made by this subsection \n shall apply with respect to plan years beginning on or after \n the date of the enactment of this Act.\n (c) Amendments to PPACA.--\n (1) Small employer benefit arrangement defined.--Section \n 1304(b) of the Patient Protection and Affordable Care Act (42 \n U.S.C. 18024(b)) is amended by adding at the end the following \n new paragraph:\n ``(5) Small employer benefit arrangement.--The term `small \n employer benefit arrangement' has the meaning given such term \n in section 3(43) of the Employee Retirement and Income Security \n Act.''.\n (2) Qualified health plans.--Section 1301(a) of such Act \n (42 U.S.C. 18021(a)) is amended by adding at the end the \n following new paragraph:\n ``(5) Inclusion of small employer benefit arrangement \n plans.--Any reference in this title to a qualified health plan \n shall be deemed to include any group health plan established or \n maintained by a small employer benefit arrangement.''.\n (3) Eligibility to participate in american health benefit \n exchanges.--Section 1312(f)(2) of such Act (42 U.S.C. \n 18032(f)(2)) is amended by adding at the end the following new \n subparagraph:\n ``(C) Small employer benefit arrangements.--For \n purposes of subparagraph (A), a small employer benefit \n arrangement shall be treated as a small employer.''.\n (4) Effective date.--The amendments made to any provision \n by this subsection shall take effect as if included in the \n enactment of such provision.","summary":"Amends the Internal Revenue Code, the Employee Retirement and Income Security Act (ERISA), and the Patient Protection and Affordable Care Act to treat certain small employer benefit arrangements (SEBAs) as employers for the purpose of providing qualified retirement and accident and health plans or group-term life insurance. Defines a SEBA as a member owned, democratically controlled cooperative organization that: (1) has at least 21 shareholders of whom 90 percent are in the same or similar line of business. (2) sponsors an accident and health plan for shareholder-members and any of their employees. (3) sponsors a qualified retirement plan meeting specified requirements and available to shareholder-members and their employees, (4) provides employee benefits pursuant to a written agreement. And (5) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded them. Treats the shareholder-members of a SEBA as employers for purposes of administering and allocating items of income, credits, deductions, or exclusions associated with the provision of employee benefits. Prohibits treatment as a SEBA of any organization or related entity that is owned, in whole or in part, or managed or controlled in whole or in part, by any management agreement or certificates of indebtedness, directly or indirectly, or by: (1) any agents, brokers or providers of a health, life, or disability insurer, (2) a retirement plan service provider, (3) claim administrators. Or (4) investment advisors. Requires any group health plan established or maintained by a SEBA to be fully insured .","title":"To recognize small employer benefit arrangements as employers, and for other purposes.","text_len":8970,"sum_len":1671} {"bill_id":"114_s678","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``English Language Unity Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds and declares the following:\n (1) The United States is comprised of individuals from \n diverse ethnic, cultural, and linguistic backgrounds, and \n continues to benefit from this rich diversity.\n (2) Throughout the history of the United States, the common \n thread binding individuals of differing backgrounds has been \n the English language.\n (3) Among the powers reserved to the States respectively is \n the power to establish the English language as the official \n language of the respective States, and otherwise to promote the \n English language within the respective States, subject to the \n prohibitions enumerated in the Constitution of the United \n States and in laws of the respective States.\n\nSEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.\n\n (a) In General.--Title 4, United States Code, is amended by adding \nat the end the following:\n\n ``CHAPTER 6--OFFICIAL LANGUAGE\n\n``Sec. 161. Official language of the United States\n ``The official language of the United States is English.\n``Sec. 162. Preserving and enhancing the role of the official language\n ``Representatives of the Federal Government shall have an \naffirmative obligation to preserve and enhance the role of English as \nthe official language of the Federal Government. Such obligation shall \ninclude encouraging greater opportunities for individuals to learn the \nEnglish language.\n``Sec. 163. Official functions of Government to be conducted in English\n ``(a) Scope.--For the purposes of this section--\n ``(1) the term `official' refers to any function that--\n ``(A) binds the Government;\n ``(B) is required by law; or\n ``(C) is otherwise subject to scrutiny by either \n the press or the public; and\n ``(2) the term `United States' means the several States and \n the District of Columbia.\n ``(b) Official Functions.--The official functions of the Government \nof the United States shall be conducted in English.\n ``(c) Practical Effect.--This section--\n ``(1) shall apply to all laws, public proceedings, \n regulations, publications, orders, actions, programs, and \n policies; and\n ``(2) shall not apply to--\n ``(A) teaching of languages;\n ``(B) requirements under the Individuals with \n Disabilities Education Act (20 U.S.C. 1400 et seq.);\n ``(C) actions, documents, or policies necessary for \n national security, international relations, trade, \n tourism, or commerce;\n ``(D) actions or documents that protect the public \n health and safety;\n ``(E) actions or documents that facilitate the \n activities of the Bureau of the Census in compiling any \n census of population;\n ``(F) actions that protect the rights of victims of \n crimes or criminal defendants; or\n ``(G) using terms of art or phrases from languages \n other than English.\n``Sec. 164. Uniform English language rule for naturalization\n ``(a) Uniform Language Testing Standard.--All citizens of the \nUnited States should be able to read and understand generally the \nEnglish language text of the Declaration of Independence, the \nConstitution, and the laws of the United States made in pursuance of \nthe Constitution.\n ``(b) Ceremonies.--All naturalization ceremonies shall be conducted \nin English.\n``Sec. 165. Rules of construction\n ``Nothing in this chapter shall be construed--\n ``(1) to prohibit a Member of Congress or any officer or \n agent of the Federal Government, while performing official \n functions under section 163, from communicating unofficially \n through any medium with another person in a language other than \n English (as long as official functions are performed in \n English);\n ``(2) to limit the preservation or use of Native Alaskan or \n Native American languages (as defined in the Native American \n Languages Act (25 U.S.C. 2901 et seq.));\n ``(3) to disparage any language or to discourage any person \n from learning or using a language; or\n ``(4) to be inconsistent with the Constitution of the \n United States.\n``Sec. 166. Standing\n ``A person injured by a violation of this chapter may in a civil \naction (including an action under chapter 151 of title 28) obtain \nappropriate relief.''.\n (b) Clerical Amendment.--The table of chapters at the beginning of \ntitle 4, United States Code, is amended by inserting after the item \nrelating to chapter 5 the following:\n\n ``Chapter 6. Official Language''.\n\nSEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE \n LAWS OF THE UNITED STATES.\n\n (a) In General.--Chapter 1 of title 1, United States Code, is \namended by adding at the end the following:\n``Sec. 9. General rules of construction for laws of the United States\n ``(a) English language requirements and workplace policies, whether \nin the public or private sector, shall be presumptively consistent with \nthe laws of the United States.\n ``(b) Any ambiguity in the English language text of the laws of the \nUnited States shall be resolved, in accordance with the last two \narticles of the Bill of Rights, not to deny or disparage rights \nretained by the people, and to reserve powers to the States \nrespectively, or to the people.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 1 of title 1, United States Code, is amended by inserting after \nthe item relating to section 8 the following:\n\n``9. General Rules of Construction for Laws of the United States.''.\n\nSEC. 5. IMPLEMENTING REGULATIONS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Homeland Security shall issue for public notice and \ncomment a proposed rule for uniform testing English language ability of \ncandidates for naturalization, which shall be based upon the principles \nthat--\n (1) all citizens of the United States should be able to \n read and understand generally the English language text of the \n Declaration of Independence, the Constitution, and the laws of \n the United States which are made in pursuance thereof; and\n (2) any exceptions to the standard described in paragraph \n (1) should be limited to extraordinary circumstances, such as \n asylum.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by sections 3 and 4 shall take effect on the \ndate that is 180 days after the date of enactment of this Act.","summary":"English Language Unity Act of 2015 Establishes English as the official language of the United States. Requiresnbsp. Naturalization ceremonies and official functions of the US government, subject to exceptions, tonbsp. Be conducted in English. Declares that all citizens should be able to read and understand generally the English language text of US laws. Allows a person injured by a violation of this Act to obtain relief, including a declaratory judgment, in a civil action. Declares that English language requirements and workplace policies, whether in the public or private sector,nbsp. Shall be presumptively consistent with US laws. Requires any ambiguity innbsp, US lawsnbsp. To be resolved in accordance with the rights retained by the people and the powers reserved to states under the Bill of Rights. Directs the Department of Homeland Security to issue a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States. And (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.","title":"English Language Unity Act of 2015","text_len":7035,"sum_len":1283} {"bill_id":"115_hr3376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Jobs Now Act of 2017''.\n\nSEC. 2. GRANTS TO UNITS OF GENERAL LOCAL GOVERNMENT.\n\n Subtitle D of title I of the Workforce Innovation and Opportunity \nAct (29 U.S.C. 3221 et seq.) is amended by adding after section 172 the \nfollowing:\n\n``SEC. 173. PILOT PROGRAM.\n\n ``(a) Program Authorized.--Notwithstanding section 181(e), from the \namounts appropriated under subsection (h), the Secretary shall carry \nout a 2-year pilot program to award grants, on a competitive basis, to \nunits of general local government or community-based organizations to \nretain, employ, or train employees providing a public service for a \nunit of general local government.\n ``(b) Unit of General Local Government Defined.--For purposes of \nthis section, the term `unit of general local government' means any \ngeneral purpose political subdivision of a State, or the United States \nVirgin Islands, Guam, American Samoa, the Commonwealth of the Northern \nMariana Islands, the freely associated states of the Republic of the \nMarshall Islands, the Federated States of Micronesia, or the Republic \nof Palau, that has the power to levy taxes and spend funds, as well as \ngeneral corporate and police powers.\n ``(c) Uses of Funds.--\n ``(1) Required uses.--\n ``(A) In general.--Subject to subparagraph (B), a \n unit of general local government or community-based \n organization shall use not less than 50 percent of the \n grant funds received under this section to--\n ``(i) in the case of a unit, retain \n employees of such unit who are providing a \n public service for the unit and who would \n otherwise be laid off as a consequence of \n budget cuts; and\n ``(ii) in the case of an organization, \n retain employees of the organization who are \n providing a public service for the unit in \n which the organization is located and who would \n otherwise be laid off as a consequence of \n budget cuts.\n ``(B) Exception.--In a case in which 50 percent of \n a grant amount received under this section would exceed \n the amount needed for a unit or organization to retain \n the employees described in subparagraph (A), the unit \n or organization may use only the amount needed to \n retain such employees for such purpose.\n ``(2) Authorized uses.--After using grant funds received \n under this section in accordance with paragraph (1), a unit of \n general local government or community-based organization may \n use any remaining grant funds provided under this section to--\n ``(A) in the case of a unit of general local \n government--\n ``(i) employ individuals in new positions \n providing a public service for the unit; or\n ``(ii) train individuals for new public \n service positions for the unit; and\n ``(B) in the case of a community-based \n organization--\n ``(i) employ individuals in new positions \n that would provide a public service for the \n unit in which the organization is located or \n services in the private sector; or\n ``(ii) train individuals for any such \n positions.\n ``(d) Priority for Certain Individuals.--The Secretary shall \nencourage each unit of general local government and each community-\nbased organization receiving a grant under this section to use such \ngrant funds to retain, employ, or train--\n ``(1) veterans;\n ``(2) individuals with disabilities;\n ``(3) individuals who are receiving unemployment benefits; \n or\n ``(4) dislocated workers.\n ``(e) Priority for Certain Units and Organizations.--\n ``(1) Units.--In awarding grants to units of general local \n government under this section, the Secretary shall give \n priority to units of general local government with high \n unemployment, foreclosure, and poverty rates as compared to \n other units of general local government applying to receive a \n grant under this section.\n ``(2) Organizations.--In awarding grants to units of \n general local government under this section, the Secretary \n shall give priority to community-based organizations located in \n units of general local government with high unemployment, \n foreclosure, and poverty rates as compared to other units of \n general local government applying to receive a grant under this \n section.\n ``(f) Application.--Each unit of general local government or \ncommunity-based organization desiring to receive a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n ``(g) Report.--Not later than 2 years after the first appropriation \nof funds under subsection (h), the Secretary shall submit to Congress, \na report on--\n ``(1) the number and percentage of individuals hired or \n trained, and the number and percentage of employees of units \n retained, as a result of a grant under this section; and\n ``(2) best practices in carrying out a grant program to \n hire, train, or retain employees of units of general local \n government.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated $1,000,000,000 to carry out this section for fiscal years \n2018 and 2019.''.","summary":"Jobs Now Act of 2017 This bill amends the Workforce Innovation and Opportunity Act to direct the Department of Labor to carry out a two-year pilot program to award competitive grants to general local government units or community-based organizations to retain, employ, or train employees who provide a local government unit with a public service. The bill prescribes required and authorized uses of grant fund and priorities for awarding and using grant funds, including: encouraging grantees to use funds to retain, employ, or train veterans, individuals with disabilities, individuals who receive unemployment benefits, or dislocated workers. And giving priority in awarding grants to local government units and their community-based organizations with high unemployment, foreclosure, and poverty rates.","title":"Jobs Now Act of 2017","text_len":6064,"sum_len":805} {"bill_id":"112_s1812","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alaska Natural Gas Pipeline \nImprovement Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) North American demand for natural gas is expected to \n increase dramatically over the course of the next several \n decades, as described in section 114 of the Alaska Natural Gas \n Pipeline Act of 2004 (15 U.S.C. 720l);\n (2) although North American natural gas supplies are \n adequate to meet customer needs in calendar years 2011 and 2012 \n and for the near future, the availability of Alaska gas as an \n additional domestic source would further shield the United \n States from any future reliance on overseas energy supplies in \n the years ahead;\n (3) 2 military installations in the Fairbanks North Star \n Borough, Alaska, Fort Wainwright and Eielson Air Force Base--\n (A) are a central component of the ability of the \n United States to project power over a vast area of the \n Pacific region;\n (B) are home to approximately 23,000 military \n members and families;\n (C) are located along or relatively adjacent to any \n cost-effective Alaska natural gas pipeline project \n corridor; and\n (D) would benefit from access to affordable natural \n gas supplies drawn from the proposed Alaska natural gas \n pipeline project, freeing up funding for pursuing mid-\n term and long-term renewable energy goals;\n (4) the Fairbanks North Star Borough--\n (A) suffers from a thermal inversion that traps \n particulate emissions and other air pollutants; and\n (B) has been declared a nonattainment zone for \n failing to achieve reductions in particulate matter by \n the Environmental Protection Agency;\n (5) the availability of affordable clean-burning natural \n gas would significantly improve air quality in the public \n health interest of Borough residents;\n (6) the most logical route for an Alaska natural gas \n transportation project (as defined in section 102 of the Alaska \n Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) would travel \n through Atigun Pass;\n (7) Atigun Pass--\n (A) holds both the James W. Dalton Highway and the \n trans-Alaska oil pipeline, both of which are essential \n to the strategically important operation of North Slope \n oil fields; and\n (B) is the highest-altitude point on the Dalton \n Highway (with an elevation of 4,739 feet or 1,422 \n meters) and is on the Continental Divide;\n (8) space constraints and difficulties of Arctic \n construction in Atigun Pass restrict the available right-of-\n way, allowing room for only 1 additional pipeline in the \n preferred route through the Pass;\n (9) the public interest would best be served by all \n proponents of a natural gas pipeline from the Alaska North \n Slope agreeing on a single project that--\n (A) passes through Atigun Pass, taking advantage of \n the preferred right-of-way and avoiding costly \n duplication of design, permitting, and construction \n expenses that would fall on consumers; and\n (B) serves Alaskans and other North American \n consumers; and\n (10) a natural gas pipeline with sufficient capacity to \n facilitate economic transportation of natural gas as part of a \n Alaska natural gas transportation project (as defined in \n section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 \n U.S.C. 720)) is in the national interest.\n\nSEC. 3. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT.\n\n Section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 \nU.S.C. 720) is amended by striking paragraph (2) and inserting the \nfollowing:\n ``(2) Alaska natural gas transportation project.--The term \n `Alaska Natural Gas Transportation Project' means--\n ``(A) any natural gas pipeline system that carries \n Alaska natural gas to the border between Alaska and \n Canada (including related facilities subject to the \n jurisdiction of the Commission) that is authorized \n under--\n ``(i) the Alaska Natural Gas Transportation \n Act of 1976 (15 U.S.C. 719 et seq.); or\n ``(ii) section 103; and\n ``(B) any pipeline segment that the Commission \n finds could feasibly be incorporated into and serve as \n an integrated segment of the system described in \n subparagraph (A) (including the construction and \n operation of the segment), which shall be subject to \n this Act and the jurisdiction of the Commission under \n the Natural Gas Act (15 U.S.C. 717 et seq.), regardless \n of whether the segment--\n ``(i) is proposed and constructed prior to \n the construction of the entire system described \n in subparagraph (A); or\n ``(ii) initially transports Alaska natural \n gas solely for delivery to consumers within the \n State of Alaska.''.","summary":"Alaska Natural Gas Pipeline Improvement Act of 2011 - Amends the Alaska Natural Gas Pipeline Act of 2004 to include in the Alaska Natural Gas Transportation Project any pipeline segment that the Federal Energy Regulatory Commission (FERC) finds could feasibly be incorporated into and serve as an integrated segment of that system, regardless of whether it: (1) is proposed and constructed before construction of the entire system, or (2) initially transports natural gas solely for delivery to customers within Alaska.","title":"A bill to amend the Alaska Natural Gas Pipeline Act of 2004 to promote the availability of affordable, clean-burning natural gas to North American markets, and for other purposes.","text_len":5795,"sum_len":519} {"bill_id":"105_s436","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intercity Passenger Rail Trust Fund \nAct of 1997''.\n\nSEC. 2. INTERCITY PASSENGER RAIL TRUST FUND.\n\n (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the \nInternal Revenue Code of 1986 (relating to trust fund code) is amended \nby adding at the end the following new section:\n\n``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Intercity \nPassenger Rail Trust Fund', consisting of such amounts as may be \ntransferred or credited to the Trust Fund as provided in this section \nor section 9602(b).\n ``(b) Transfer to Intercity Passenger Rail Trust Fund of Amounts \nEquivalent to Certain Taxes.--There are hereby appropriated to the \nIntercity Passenger Rail Trust Fund amounts equivalent to the taxes \nreceived in the Treasury at the rate of .5 cent for each gallon with \nrespect to which tax is imposed under section 4041 or 4081 after \nSeptember 30, 1997, and before October 1, 2002, but only to the extent \nsuch taxes are not attributable to the Highway Trust Fund financing \nrate.\n ``(c) Expenditures From Trust Fund.--\n ``(1) In general.--Amounts in the Intercity Passenger Rail \n Trust Fund shall be available without fiscal year limitation to \n finance qualified expenses of--\n ``(A) the National Railroad Passenger Corporation, \n and\n ``(B) each non-Amtrak State, to the extent \n determined under paragraph (2).\n ``(2) Maximum amount of funds to non-Amtrak states.--Each \n non-Amtrak State shall receive under this subsection an amount \n equal to the lesser of--\n ``(A) the State's qualified expenses for the fiscal \n year, or\n ``(B) the product of--\n ``(i) \\1\/12\\ of 1 percent of the lesser \n of--\n ``(I) the aggregate amounts \n transferred and credited to the \n Intercity Passenger Rail Trust Fund \n under subsection (a) for such fiscal \n year, or\n ``(II) the aggregate amounts \n appropriated from the Intercity \n Passenger Rail Trust Fund for such \n fiscal year, and\n ``(ii) the number of months such State is a \n non-Amtrak State in such fiscal year.\n If the amount determined under subparagraph (B) exceeds the \n amount under subparagraph (A) for any fiscal year, the amount \n under subparagraph (B) for the following fiscal year shall be \n increased by the amount of such excess.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Qualified expenses.--The term `qualified expenses' \n means expenses incurred, with respect to obligations made, \n after September 30, 1997, and before October 1, 2002--\n ``(A) for--\n ``(i) in the case of the National Railroad \n Passenger Corporation, the acquisition of \n equipment, rolling stock, and other capital \n improvements, the upgrading of maintenance \n facilities, and the maintenance of existing \n equipment, in intercity passenger rail service, \n and the payment of interest and principal on \n obligations incurred for such acquisition, \n upgrading, and maintenance, and\n ``(ii) in the case of a non-Amtrak State, \n the acquisition of equipment, rolling stock, \n and other capital improvements, the upgrading \n of maintenance facilities, and the maintenance \n of existing equipment, in intercity passenger \n rail or bus service, and the payment of \n interest and principal on obligations incurred \n for such acquisition, upgrading, and \n maintenance, and\n ``(B) certified by the Secretary of Transportation \n on October 1 as meeting the requirements of \n subparagraph (A) and as qualified for payment under \n subsection (e) for the fiscal year beginning on such \n date.\n ``(2) Non-Amtrak state.--The term `non-Amtrak State' means \n any State which does not receive intercity passenger rail \n service from the National Railroad Passenger Corporation.\n ``(e) Contract Authority.--Notwithstanding any other provision of \nlaw, the Secretary of Transportation shall certify expenses as \nqualified for a fiscal year on October 1 of such year, in an amount not \nto exceed the amount of receipts estimated by the Secretary of the \nTreasury to be transferred to the Intercity Passenger Rail Trust Fund \nfor such fiscal year. Such certification shall result in a contractual \nobligation of the United States for the payment of such expenses.\n ``(f) Tax Treatment of Trust Fund Expenditures.--With respect to \nany payment of qualified expenses from the Intercity Passenger Rail \nTrust Fund during any taxable year to a taxpayer--\n ``(1) such payment shall not be included in the gross \n income of the taxpayer for such taxable year,\n ``(2) no deduction shall be allowed to the taxpayer with \n respect to any amount paid or incurred which is attributable to \n such payment, and\n ``(3) the basis of any property shall be reduced by the \n portion of the cost of such property which is attributable to \n such payment.\n ``(g) Termination.--The Secretary shall determine and retain, not \nlater than October 1, 2002, the amount in the Intercity Passenger Rail \nTrust Fund necessary to pay any outstanding qualified expenses, and \nshall transfer any amount not so retained to the general fund of the \nTreasury.''\n (b) Conforming Amendment.--The table of sections for subchapter A \nof chapter 98 of such Code (relating to trust fund code) is amended by \nadding at the end the following new item:\n\n ``Sec. 9512. Intercity Passenger Rail \n Trust Fund.''\n (c) Effective Date.--The amendments made by this section shall \napply with respect to taxes imposed after September 30, 1997.","summary":"Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation, and (2) non-Amtrak States.","title":"Intercity Passenger Rail Trust Fund Act of 1997","text_len":6840,"sum_len":261} {"bill_id":"107_hr5301","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defense of Freedom Education Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) In order to preserve and defend freedom and \n civilization, especially in these challenging times, future \n generations of Americans must be taught to understand their \n full significance and value, and the threats with which they \n are faced.\n (2) Basic knowledge of United States and Western history is \n essential to full and informed participation in civic life and \n to the larger vibrancy of the American experiment in self-\n government, binding together a diverse people into a single \n Nation with a common purpose.\n (3) American citizens who lack knowledge of the organizing \n principles of Western civilization will also lack a true \n understanding and appreciation of the democratic principles \n that define and sustain America as a free people, such as \n liberty, justice, tolerance, government by the consent of the \n governed, and equality under the law.\n (4) America's colleges and universities are bellwethers of \n national priorities and values, setting standards for the whole \n of the United States education system and sending signals to \n students, teachers, parents, and public schools about what \n every educated citizen in a democracy must know.\n (5) Most of the Nation's colleges and universities no \n longer require United States history or systematic study of \n Western civilization as a prerequisite to graduation.\n (6) Distinguished historians and intellectuals fear that \n without a common civic memory and a common understanding of the \n remarkable individuals, events, and ideals that have shaped the \n Nation, the people in the United States risk losing much of \n what it means to be an American, as well as the ability to \n fulfill the fundamental responsibilities of citizens in a \n democracy.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To establish and strengthen post-secondary education \n programs emphasizing the nature, history and philosophy of free \n institutions, the nature of Western civilization, and the \n nature of the threats to freedom from totalitarianism in all \n its forms.\n (2) To develop innovative teacher education programs \n designed to equip teachers to more effectively impart a \n knowledge of the nature of free institutions, the threats to \n free institutions, and the content of Western civilization to \n elementary, middle and high school teachers.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) American founding.--The term ``American founding'' \n means a field of study in an institution of higher education \n that--\n (A) encompasses part or all of the period of \n American history between the years 1607 through 1865, \n with particular emphasis on the years 1763-1865;\n (B) focuses on the major events, issues and \n historical personages of this period;\n (C) examines the historical antecedents of the \n major events, issues and historical personages \n described in subparagraph (B); or\n (D) conforms with other criteria that the secretary \n may prescribe.\n (2) Defense of freedom.--The term ``defense of freedom'' \n means fields of study in an institution of higher education \n that--\n (A) examines potent political threats to free \n institutions (as such term is defined in this Act), \n including communism, fascism, national socialism, and \n nihilism; or\n (B) examines human tendencies that threaten free \n institutions, including tribalism, racism, caste \n consciousness, and zealotry; or\n (C) examines world history in the period 1901 \n through 2001, with particular emphasis on the years \n 1914 to the present, in order to understand the \n challenges of maintaining a free society while \n resisting totalitarian movements of global ambition.\n (3) Eligible institution.--\n (A) In general.--The term ``eligible institution'' \n means--\n (i) institutions of higher education;\n (ii) specific programs within an \n institution of higher education;\n (iii) foundations associated with \n institutions of higher education or with \n specific programs within an institution of \n higher education; or\n (iv) other nonprofit organizations \n participating in, or supporting, the \n development of academic programs described in \n section 2.\n (B) Special rule.--Organizations described in \n subparagraph (A)(iv) may apply to award subgrants to \n eligible institutions at the discretion of, and subject \n to the oversight of, the Secretary. Grants to such \n organizations shall not be subject to the limitations \n of section 4(f).\n (4) Free institution.--The term ``free institution'', for \n the purposes of this Act, means institutions characteristic of \n Western Civilization, such as democracy, universalism, \n individual rights market economics, religious freedom and \n tolerance, and freedom of thought and inquiry.\n (5) Institution of higher education.--The term \n ``institution of higher education'' has the same meaning given \n that term under section 101 of the Higher Education Act of 1965 \n (20 U.S.C. 1001).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (7) Western civilization.--The term ``western \n civilization'' means a field of study in an institution of \n higher education that--\n (A) encompasses part or all of the period of \n European history between 500 B.C. and the present day;\n (B) encompasses part or all of the period of \n American history between 1607 and the present day;\n (C) focuses on major events, issues, and historical \n personages of the period described in subparagraphs (A) \n and (B); and\n (D) examines the historical antecedents of the \n major events, issues, and historical personages \n described in subparagraph (C); or\n (E) examines the development of free institutions \n characteristic of Western civilization, as such term is \n defined in this Act;\n (F) examines the intellectual, cultural, political \n and religious underpinnings of Western civilization, \n such as the scientific enterprise, entrepreneurship, \n political pluralism, egalitarianism, moral \n universalism, and the belief in the possibility of \n progress;\n (G) examines the characteristic negative features \n of Western civilization, such as totalitarianism and \n social Darwinism;\n (H) examines the interaction of the West with other \n civilizations, the Western debt to other civilizations, \n and the comparative study of high civilization; or\n (I) conforms with other criteria that the Secretary \n may prescribe.\n\nSEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS.\n\n (a) In General.--From amounts appropriated to carry out this Act, \nthe Secretary shall provide, on a competitive basis, grants to eligible \ninstitutions which shall be used for one or more of the following:\n (1) Research, planning, and coordination activities devoted \n to the ends of this Act.\n (2) Design and implementation of courses and the \n development of new, and supporting of existing, centers devoted \n to the ends of this Act.\n (3) Research and publication costs of relevant readers and \n other course materials devoted to the ends of this Act.\n (4) General expenses associated with carrying out this \n section.\n (5) Salaries and expenses of faculty teaching in \n undergraduate and graduate programs focused on the American \n founding, defense of freedom, and Western civilization.\n (6) Support of graduate and postgraduate fellowships for \n scholars in the fields related to the American founding, the \n defense of freedom, and Western civilization.\n (7) Development of teacher education programs that--\n (A) stress content mastery in history or \n government; and\n (B) stress civic education preparation, including \n the history and philosophy of free institutions, and \n the study of Western civilization).\n (b) Selection Criteria.--In selecting eligible institutions for \ngrants under this section for any fiscal year, the Secretary shall \nestablish criteria by regulation.\n (c) Required Criteria.--In establishing criteria under subsection \n(b), the Secretary shall consider the following selection criteria in \nmaking grants:\n (1) Educational value, and relevance to one or more purpose \n described in section 2 of the proposed project.\n (2) Plan of operation.\n (3) Qualification of key personnel.\n (4) Budget and cost effectiveness.\n (5) Evaluation plan.\n (6) Adequacy of resources.\n (7) Identification of need for the project.\n (8) Potential institutional impact of the project.\n (9) Institutional commitment to the project.\n (d) Grant Application.--An eligible institution that desires to \nreceive a grant under this Act shall submit to the Secretary an \napplication therefor at such time or times, or in such manner, and \ncontaining such information as the Secretary may prescribe by \nregulation. Such application shall set forth--\n (1) a program of activities for carrying out the purposes \n described in section 2 in such detail as will enable the \n Secretary to determine the degree to which such program will \n accomplish such purpose; and\n (2) such other policies, procedures, and assurances as the \n Secretary may require by regulation.\n (e) Grant Review.--The Secretary shall establish procedures for \nreviewing and evaluating grants and contracts made or entered into \nunder such programs.\n (f) Grant Awards.--For the purposes of this Act, the Secretary \nshall award grants of not less than $400,000 and not more than \n$6,000,000 to eligible institutions.\n (g) Multiple Awards.--For the purposes of this Act, the Secretary \nmay award more than one grant to an eligible institution.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) For the purpose of carrying out this Act, there are authorized \nto be appropriated--\n (1) $140,000,000 for fiscal year 2003; and\n (2) such sums as may be necessary for each of the \n succeeding 5 fiscal years.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act shall take effect on September 1, 2002.","summary":"Defense of Freedom Education Act - Directs the Secretary of Education to make competitive grants to eligible institutions of higher education, foundations, and other nonprofit institutions for various activities supporting academic programs focused on the American founding, defense of freedom, Western civilization, and free institutions . Allows use of grants for: (1) research, planning, and coordination. (2) design and implementation of courses, and development and support of centers, (3) research and publication costs of course materials, (4) associated general expenses. (5) salaries and expenses of faculty teaching in undergraduate and graduate focused programs. (6) support of graduate and postgraduate fellowships for scholars in fields related to focused programs. And (7) development of teacher education programs that stress content mastery in history or government and civic education preparation, including the history and philosophy of free institutions and the study of Western civilization.","title":"To strengthen secondary and post-secondary education programs emphasizing the nature, history, and philosophy of free institutions, the nature of Western civilization, and the nature of the threats to freedom from totalitarianism.","text_len":12036,"sum_len":1011} {"bill_id":"114_s523","text":"SECTION 1. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.\n\n (a) Definitions.--In this section:\n (1) School.--The term ``school'' means--\n (A) an elementary school or secondary school (as \n defined in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801));\n (B) an institution of higher education (as defined \n in section 102(a) of the Higher Education Act of 1965 \n (20 U.S.C. 1002(a));\n (C) a school of the defense dependents' education \n system under the Defense Dependents' Education Act of \n 1978 (20 U.S.C. 921 et seq.) or established under \n section 2164 of title 10, United States Code;\n (D) a school operated by the Bureau of Indian \n Affairs;\n (E) a tribally controlled school (as defined in \n section 5212 of the Tribally Controlled Schools Act of \n 1988 (25 U.S.C. 2511)); and\n (F) a Tribal College or University (as defined in \n section 316(b) of the Higher Education Act of 1965 (20 \n U.S.C. 1059c(b))).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (b) Designation of Lead Agency.--The Secretary, acting through the \nOffice of Energy Efficiency and Renewable Energy, shall act as the lead \nFederal agency for coordinating and disseminating information on \nexisting Federal programs and assistance that may be used to help \ninitiate, develop, and finance energy efficiency, renewable energy, and \nenergy retrofitting projects for schools.\n (c) Requirements.--In carrying out coordination and outreach under \nsubsection (b), the Secretary shall--\n (1) in consultation and coordination with the appropriate \n Federal agencies, carry out a review of existing programs and \n financing mechanisms (including revolving loan funds and loan \n guarantees) available in or from the Department of Agriculture, \n the Department of Energy, the Department of Education, the \n Department of the Treasury, the Internal Revenue Service, the \n Environmental Protection Agency, and other appropriate Federal \n agencies with jurisdiction over energy financing and \n facilitation that are currently used or may be used to help \n initiate, develop, and finance energy efficiency, renewable \n energy, and energy retrofitting projects for schools;\n (2) establish a Federal cross-departmental collaborative \n coordination, education, and outreach effort to streamline \n communication and promote available Federal opportunities and \n assistance described in paragraph (1) for energy efficiency, \n renewable energy, and energy retrofitting projects that enables \n States, local educational agencies, and schools--\n (A) to use existing Federal opportunities more \n effectively; and\n (B) to form partnerships with Governors, State \n energy programs, local educational, financial, and \n energy officials, State and local government officials, \n nonprofit organizations, and other appropriate entities \n to support the initiation of the projects;\n (3) provide technical assistance for States, local \n educational agencies, and schools to help develop and finance \n energy efficiency, renewable energy, and energy retrofitting \n projects--\n (A) to increase the energy efficiency of buildings \n or facilities;\n (B) to install systems that individually generate \n energy from renewable energy resources;\n (C) to establish partnerships to leverage economies \n of scale and additional financing mechanisms available \n to larger clean energy initiatives; or\n (D) to promote--\n (i) the maintenance of health, \n environmental quality, and safety in schools, \n including the ambient air quality, through \n energy efficiency, renewable energy, and energy \n retrofit projects; and\n (ii) the achievement of expected energy \n savings and renewable energy production through \n proper operations and maintenance practices;\n (4) develop and maintain a single online resource website \n with contact information for relevant technical assistance and \n support staff in the Office of Energy Efficiency and Renewable \n Energy for States, local educational agencies, and schools to \n effectively access and use Federal opportunities and assistance \n described in paragraph (1) to develop energy efficiency, \n renewable energy, and energy retrofitting projects; and\n (5) establish a process for recognition of schools that--\n (A) have successfully implemented energy \n efficiency, renewable energy, and energy retrofitting \n projects; and\n (B) are willing to serve as resources for other \n local educational agencies and schools to assist \n initiation of similar efforts.\n (d) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report describing \nthe implementation of this section.","summary":"This bill amends the Energy Policy and Conservation Act to direct the Department of Energy (DOE), acting through the Office of Energy Efficiency and Renewable Energy, to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. DOE must: carry out a review of existing programs and financing mechanisms available in or from appropriate federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used for such purposes. Establish a federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available federal opportunities and assistance for such projects that enables states, local educational agencies, and schools to use existing federal opportunities more effectively and to form partnerships with appropriate entities to support project initiation. Provide technical assistance for states, local educational agencies, and schools to help develop and finance projects that meet specified requirements. Develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office for states, local educational agencies, and schools to effectively access and use federal opportunities and assistance to develop such projects. And establish a process for recognition of schools that have successfully implemented such projects and are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts.","title":"A bill to coordinate the provision of energy retrofitting assistance to schools.","text_len":5778,"sum_len":1741} {"bill_id":"112_s1544","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Company Capital Formation Act \nof 2011''.\n\nSEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES.\n\n (a) In General.--Section 3(b) of the Securities Act of 1933 (15 \nU.S.C. 77c(b)) is amended--\n (1) by striking ``(b) The Commission'' and inserting the \n following:\n ``(b) Additional Exemptions.--\n ``(1) Small issues exemptive authority.--The Commission''; \n and\n (2) by adding at the end the following:\n ``(2) Additional issues.--The Commission shall by rule or \n regulation add a class of securities to the securities exempted \n pursuant to this section in accordance with the following terms \n and conditions:\n ``(A) The aggregate offering amount of all \n securities offered and sold within the prior 12-month \n period in reliance on the exemption added in accordance \n with this paragraph shall not exceed $50,000,000.\n ``(B) The securities may be offered and sold \n publicly.\n ``(C) The securities shall not be restricted \n securities within the meaning of the Federal securities \n laws and the regulations promulgated thereunder.\n ``(D) The civil liability provision in section \n 12(a)(2) shall apply to any person offering or selling \n such securities.\n ``(E) The issuer may solicit interest in the \n offering prior to filing any offering statement, on \n such terms and conditions as the Commission may \n prescribe in the public interest or for the protection \n of investors.\n ``(F) The Commission shall require the issuer to \n file audited financial statements with the Commission \n annually.\n ``(G) Such other terms, conditions, or requirements \n as the Commission may determine necessary in the public \n interest and for the protection of investors, which may \n include--\n ``(i) a requirement that the issuer prepare \n and electronically file with the Commission and \n distribute to prospective investors an offering \n statement, and any related documents, in such \n form and with such content as prescribed by the \n Commission, including audited financial \n statements and a description of the issuer's \n business operations, its financial condition, \n its corporate governance principles, its use of \n investor funds, and other appropriate matters; \n and\n ``(ii) disqualification provisions under \n which the exemption shall not be available to \n the issuer or its predecessors, affiliates, \n officers, directors, underwriters, or other \n related persons, which shall be substantially \n similar to the disqualification provisions \n contained in the regulations adopted in \n accordance with section 926 of the Dodd-Frank \n Wall Street Reform and Consumer Protection Act \n (15 U.S.C. 77d note).\n ``(3) Limitation.--Only the following types of securities \n may be exempted under a rule or regulation adopted pursuant to \n paragraph (2): equity securities, debt securities, and debt \n securities convertible or exchangeable to equity interests, \n including any guarantees of such securities.\n ``(4) Periodic disclosures.--Upon such terms and conditions \n as the Commission determines necessary in the public interest \n and for the protection of investors, the Commission by rule or \n regulation may require an issuer of a class of securities \n exempted under paragraph (2) to make available to investors and \n file with the Commission periodic disclosures regarding the \n issuer, its business operations, its financial condition, its \n corporate governance principles, its use of investor funds, and \n other appropriate matters, and also may provide for the \n suspension and termination of such a requirement with respect \n to that issuer.\n ``(5) Adjustment.--Not later than 2 years after the date of \n enactment of the Small Company Capital Formation Act of 2011 \n and every 2 years thereafter, the Commission shall review the \n offering amount limitation described in paragraph (2)(A) and \n shall increase such amount as the Commission determines \n appropriate. If the Commission determines not to increase such \n amount, it shall report to the Committee on Financial Services \n of the House of Representatives and the Committee on Banking, \n Housing, and Urban Affairs of the Senate on its reasons for not \n increasing the amount.''.\n (b) Treatment as Covered Securities for Purposes of NSMIA.--Section \n18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is \namended--\n (1) in subparagraph (C), by striking ``; or'' at the end \n and inserting a semicolon; and\n (2) by redesignating subparagraph (D) as subparagraph (E), \n and inserting after subparagraph (C) the following:\n ``(D) a rule or regulation adopted pursuant to \n section 3(b)(2) and such security is--\n ``(i) offered or sold on a national \n securities exchange; or\n ``(ii) offered or sold to a qualified \n purchaser as defined by the Commission pursuant \n to paragraph (3) with respect to that purchase \n or sale.''.\n (c) Conforming Amendment.--Section 4(5) of the Securities Act of \n1933 is amended by striking ``section 3(b)'' and inserting ``section \n3(b)(1)''.\n\nSEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A \n OFFERINGS.\n\n Not later than 3 months after the date of enactment of this Act, \nthe Comptroller General shall--\n (1) conduct a study on the impact of State laws regulating \n securities offerings (commonly referred to as ``Blue Sky \n laws'') on offerings made under Regulation A (17 C.F.R. 230.251 \n et seq.); and\n (2) transmit a report on the findings of the study to the \n Committee on Financial Services of the House of Representatives \n and the Committee on Banking, Housing, and Urban Affairs of the \n Senate.","summary":"Small Company Capital Formation Act of 2011 - Amends the Securities Act of 1933 to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on such exemption is between $5 million and $50 million, subject to specified terms and conditions. Limits such an exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, its financial condition, and its use of investor funds. And (2) provide for the suspension and termination of such a requirement with respect to that issuer. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate. And (2) report to certain congressional committees on its reasons for not increasing the amount if it determines not to do so. Treats as a covered security with respect to a transaction exempt from registration requirements pursuant to a rule or regulation adopted under this Act any such security offered or sold: (1) on a national securities exchange, or (2) to a qualified purchaser. Directs the Comptroller General to study the impact of state laws regulating securities offerings on offerings made under Regulation A .","title":"A bill to amend the Securities Act of 1933 to require the Securities and Exchange Commission to exempt a certain class of securities from such Act.","text_len":7047,"sum_len":1552} {"bill_id":"103_hr5056","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Animal Drug Amendments of 1994''.\n\nSEC. 2. UNAPPROVED USES\n\n (a) General Rule.--Section 512(a) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new \nparagraphs at the end:\n ``(4)(A) Except as provided in subparagraph (B), if an \n approval of an application filed under subsection (b) is in \n effect with respect to a particular use or intended use of a \n new animal drug, the drug shall not be deemed unsafe for the \n purposes of paragraph (1) and shall be exempt from the \n requirements of section 502(f) with respect to a different use \n or intended use of the drug, other than a use in or on animal \n feed, if such use or intended use--\n ``(i) is by or on the lawful written or oral order \n of a licensed veterinarian within the context of a \n veterinarian-client-patient relationship, as defined by \n the Secretary; and\n ``(ii) is in compliance with regulations \n promulgated by the Secretary that establish the \n conditions for such different use or intended use.\n Regulations under clause (ii) may prohibit particular uses of \n an animal drug and shall not permit such different use of an \n animal drug if the labeling of another animal drug which \n contains the same active ingredient and which is in the same \n dosage form and concentration provides for such different use.\n ``(B) If the Secretary finds that there is a reasonable \n probability that a use of an animal drug authorized under \n subparagraph (A) may present a risk to the public health, the \n Secretary may--\n ``(i) establish a safe level for a residue of an \n animal drug when it is used for such different use \n authorized by subparagraph (A); and\n ``(ii) require the development of a practical, \n analytical method for the detection of residues of the \n drug above the safe level established under clause (i).\n The use of an animal drug which results in residues exceeding a \n safe level established under clause (i) shall be considered an \n unsafe use of such drug under paragraph (1). Safe levels may be \n established under clause (i) either by regulation or order.\n ``(C) The Secretary may by general regulation provide \n access to the records of veterinarians to ascertain any use or \n intended use authorized under subparagraph (A) that the \n Secretary has determined may present a risk to the public \n health.\n ``(D) If the Secretary finds, after affording an \n opportunity for public comment, that a use of an animal drug \n authorized under subparagraph (A) presents a risk to the public \n health or that an analytical method required under subparagraph \n (B) has not been developed and submitted to the Secretary, the \n Secretary may, by order, prohibit any such use.\n ``(5) If the approval of an application filed under section \n 505 is in effect, the drug under such application shall not be \n deemed unsafe for purposes of paragraph (1) and shall be exempt \n from the requirements of section 502(f) with respect to a use \n or intended use of the drug in animals if such use or intended \n use--\n ``(A) is by or on the lawful written or oral order \n of a licensed veterinarian within the context of a \n veterinarian-client-patient relationship, as defined by \n the Secretary; and\n ``(B) is in compliance with regulations promulgated \n by the Secretary that establish the conditions for the \n use or intended use of the drug in animals.''.\n (b) Other Amendments.--\n (1) Section 301.--Section 301 of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 331) is amended--\n (A) in paragraph (e), by inserting \n ``512(a)(4)(C),'' before ``512(j)'',\n (B) by adding at the end the following:\n ``(u) The violation of section 512(a)(4)(A), 512(a)(4)(D), \n or 512(a)(5).''.\n (2) Section 512(e).--Section 512(e) of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 360b(e) is amended in \n subparagraph (A), by inserting before the semicolon the \n following: ``or the condition of use authorized under \n subsection (a)(4)(A)''.\n (3) Section 512(l).--Section 512(l)(1) of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by \n inserting after ``relating to experience'' the following: ``, \n including experience with uses authorized under subsection \n (a)(4)(A),''.\n (c) Regulations.--Not later than 2 years after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \npromulgate regulations to implement paragraphs (4)(A) and (5) of \nsection 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended \nby subsection (a)).\n (d) Effective Date.--The amendments made by this section shall take \neffect upon the adoption of final regulations under subsection (c).","summary":"Animal Drug Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to permit the extra-label use of drugs in animals if an approval of an application is in effect with respect to a particular use or intended use of a new animal drug and such use is upon the order of a licensed veterinarian within the context of a veterinarian-client-patient relationship and is in compliance with regulations that establish the conditions for such use. Authorizes the Secretary of Health and Human Services, if the Secretary finds that there is a reasonable probability that such use may present a risk to the public health, to establish a safe level for a residue of an animal drug when used for such different use and require the development of a practical, analytical method for the detection of residues of the drug above the safe level established. Prohibits such use if it results in residues exceeding the safe level.","title":"Animal Drug Amendments of 1994","text_len":5502,"sum_len":923} {"bill_id":"106_s877","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Broadband Internet Regulatory Relief \nAct of 1999''.\n\nSEC. 2. DEFINITIONS.\n\n (a) In General.--Section 3 of the Communications Act of 1934 (47 \nU.S.C. 153) is amended by--\n (1) redesignating paragraph (1) through (51) as paragraphs \n (3) through (53), respectively;\n (2) inserting before paragraph (3), as redesignated, the \n following:\n ``(1) Advanced service.--The term `advanced service' means \n a communications service or combination of such services \n providing a digitally encoded signal downstream from a provider \n to a consumer at a rated speed of 200 kilobits per second or \n above and upstream from a consumer to a provider at a rated \n speed of 128 kilobits per second or above for access to the \n Internet or other interstate information and data services.\n ``(2) Advanced service provider.--The term `advanced \n service provider' means any provider of advanced services.'';\n (3) redesignating paragraphs (19) through (53), as \n redesignated by paragraph (1) of this subsection, as paragraphs \n (20) through (54), respectively; and\n (4) inserting before paragraph (20), as redesignated by \n paragraph (3) of this subsection, the following:\n ``(19) DSL-capable loop.--The term `DSL-capable loop' means \n a loop capable of transporting an advanced service.''.\n (b) Conforming Amendment.--Section 271(c)(1)(A) of the \nCommunications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by \nstriking ``3(47)(A),'' and inserting ``3(50)(A),''.\n\nSEC. 3. REGULATION OF ADVANCED SERVICE.\n\n (a) In General.--Part II of title II of the Communications Act of \n1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof \nthe following:\n\n``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE \n CARRIER.\n\n ``(a) In General.--Nothwithstanding section 2(b) of this Act, or \nany other provision of law, an incumbent local exchange carrier shall \nnot be subject to the requirements of--\n ``(1) section 251(c)(3) with respect to facilities and \n equipment used exclusively to provide advanced service; and\n ``(2) section 251(c)(4) for the provision of advanced \n service,\nin any State in which 70 percent of the incumbent local exchange \ncarrier's loops in its service territory are DSL-capable, as determined \nby that State.\n ``(b) Pricing Flexibility.--\n ``(1) Competition for advanced service.--Except as provided \n in paragraph (4), the prices, terms, and conditions of any \n advanced service by an incumbent local exchange carrier shall \n not be subject to regulation if the Commission determines that \n advanced service is being offered by an unaffiliated advanced \n service provider in competition with the incumbent local \n exchange carrier within a geographic area served by a central \n office.\n ``(2) Petition.--An incumbent local exchange carrier \n seeking pricing flexibility under paragraph (1) may file a \n petition with the Commission seeking such relief. A petition \n under this paragraph is deemed to have been approved if the \n Commission does not act on it within 30 days after it is filed.\n ``(3) Unconditional relief.--If the Commission determines \n under paragraph (1) that advanced service is being offered by \n an unaffiliated provider in the manner described in that \n paragraph, the Commission shall approve the petition of the \n incumbent local exchange carrier unconditionally.\n ``(4) Advanced service outside an incumbent's territory.--\n The rates, terms, and conditions of advanced service offered by \n an incumbent local exchange carrier or its affiliate are not \n subject to regulation in any geographic area in which that \n carrier, its successor, or assigns was not the local incumbent \n exchange carrier on February 8, 1996.\n ``(5) Schedule of charges.--For any advanced service that \n has not been determined by the Commission to be subject to \n competition under paragraph (1), the incumbent local exchange \n carrier furnishing such advanced service shall file with the \n Commission a schedule of charges and practices for such \n advanced service in a manner prescribed by the Commission under \n section 204. Any such schedule of charges and practices shall \n be deemed lawful and shall be effective 2 days after the date \n on which it was filed with the Commission unless the Commission \n takes action under section 204(a)(1) before the end of that 2-\n day period.\n ``(c) Definition of Incumbent Local Exchange Carrier.--For purposes \nof this section, the term `incumbent local exchange carrier' has the \nmeaning given to that term by section 251(h).\n\n``SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE \n REQUIREMENTS.\n\n ``Notwithstanding section 2(b), or any other provision of law, \nsection 251(b)(1) does not apply to a local exchange carrier with \nrespect to its provision of advanced service.''.","summary":"Broadband Internet Regulatory Relief Act of 1999 - Amends the Communications Act of 1934 to mandate that an incumbent local exchange carrier shall not be subject to Federal requirements concerning: (1) facilities and equipment used exclusively to provide advanced communications service. And (2) the provision of such service in any State in which 70 percent of such carrier's loops in its service territory are DSL-capable . Provides that the prices, terms, and conditions of any advanced service by such a carrier shall not be subject to Federal regulation if the Federal Communications Commission (FCC) determines that advanced service is being offered by an unaffiliated provider in competition with such carrier within a geographic area served by a central office. States that prices, terms, and conditions offered by a carrier or an affiliate shall not be subject to FCC regulation in an area in which such carrier was not the carrier on February 8, 1996. Requires carriers not subject to regulation to file with the FCC a schedule of charges and practices. Provides that the duty not to prohibit or impose unreasonable or discriminatory conditions on the resale of telecommunications services shall not apply to such a carrier with respect to its provision of advanced service.","title":"Broadband Internet Regulatory Relief Act of 1999","text_len":5350,"sum_len":1284} {"bill_id":"110_hr2093","text":"SECTION 1. DISCLOSURE OF PAID COMMUNICATIONS CAMPAIGNS TO INFLUENCE THE \n GENERAL PUBLIC TO LOBBY CONGRESS.\n\n (a) Applicability.--The amendments made by this section shall not \napply to any person or entity other than a lobbying firm that is \nretained on behalf of a client other than that person or entity. No \nperson or entity other than a lobbying firm is required to register or \nfile a report under the amendments made by this section.\n (b) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 \n(2 U.S.C. 1602) is amended--\n (1) in paragraph (7), by adding at the end the following: \n ``For purposes of a lobbying firm only, the term `lobbying \n activities' includes paid communications campaigns to influence \n the general public to lobby Congress.'';\n (2) in paragraph (9)--\n (A) in the first sentence--\n (i) by striking ``means a person'' and \n inserting\n ``(A) means--\n ``(i) a person'';\n (ii) by moving the remaining text of the \n sentence 4 ems to the right; and\n (iii) by striking ``entity.'' and inserting \n ``entity; and\n ``(ii) a person or entity that is retained \n by 1 or more clients (other than that person or \n entity) to engage in paid communications \n campaigns to influence the general public to \n lobby Congress, and receives income of, or \n spends or agrees to spend, an aggregate of \n $100,000 or more for such efforts in any \n quarterly period; and''; and\n (B) in the last sentence--\n (i) by striking ``The term also includes'' \n and inserting\n ``(B) includes''; and\n (ii) by moving the remaining text of the \n sentence 2 ems to the right; and\n (3) by adding at the end the following:\n ``(17) Paid communications campaigns to influence the \n general public to lobby congress.--The term `paid \n communications campaigns to influence the general public to \n lobby Congress' means any efforts by a lobbying firm, on behalf \n of a client that retains the firm, to influence the general \n public or segments thereof to contact 1 or more covered \n legislative or executive branch officials (or Congress \n generally) to urge such officials (or Congress) to take \n specific action with respect to a matter described in paragraph \n (8)(A), except that such term does not include--\n ``(A) communications made to the members of the \n client; or\n ``(B) direct mail communications to the general \n public, or segments of the general public, that are \n made primarily for the purpose of recruiting members to \n join an organization.''.\n (c) Registration.--Section 4(a) of the Lobbying Disclosure Act of \n1995 (2 U.S.C. 1603(a)) is amended by inserting after paragraph (2) the \nfollowing and redesignating the succeeding paragraph accordingly:\n ``(3) Filing by certain lobbying firms.--Any person or \n entity that qualifies as a lobbying firm under section \n 3(9)(A)(ii) shall register with the Secretary of the Senate and \n the Clerk of the House of Representatives not later than 45 \n days after such lobbying firm is first retained by a client to \n engage in paid communications campaigns to influence the \n general public to lobby Congress.''.\n (d) Separate Itemization of Paid Communications Campaigns To \nInfluence the General Public To Lobby Congress.--Section 5(b) of the \nAct (2 U.S.C. 1604(b)) is amended--\n (1) in paragraph (3)--\n (A) by striking ``firm, a good'' and inserting \n ``firm--\n ``(A) a good'';\n (B) by moving the remaining text 2 ems to the \n right; and\n (C) by adding at the end the following:\n ``(B) a separate good faith estimate of the total \n amount of income relating specifically to paid \n communications campaigns to influence the general \n public to lobby Congress, if such income from the \n client exceeds $50,000 during the quarterly filing \n period; and''; and\n (2) by adding at the end the following:\n``Subparagraphs (B) and (C) of paragraph (2) shall not apply with \nrespect to reports relating to paid communications campaigns to \ninfluence the general public to lobby Congress.''.","summary":"Amends the Lobbying Disclosure Act of 1995 (LDA) to revise the definition of lobbying activities to include paid communications campaigns to influence the general public to lobby Congress. Redefines lobbying firm to include a person or entity retained by one or more clients to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period. Defines paid communications campaigns to influence the general public to lobby Congress as efforts by a lobbying firm, on behalf of a client, to influence the general public or its segments to contact one or more covered legislative or executive branch officials to urge them to take specific action regarding a specific matter. Excludes from the meaning of such communications: (1) any made to the members of the client. Or (2) direct mail communications to the general public or its segments made primarily to recruit members to join an organization. Sets forth LDA registration and reporting requirements of such lobbying firms.","title":"To amend the Lobbying Disclosure Act of 1995 to provide for additional reporting by lobbying firms.","text_len":5008,"sum_len":1129} {"bill_id":"115_hr1299","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Berta Caceres Human Rights in \nHonduras Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Honduran police are widely established to be deeply \n corrupt and commit human rights abuses, including torture, \n rape, illegal detention, and murder, with impunity.\n (2) The New York Times revealed documents on April 15, \n 2016, indicating that top officials of the Honduran police \n ordered the killings of drug-crime investigators Julian \n Aristides Gonzales and Alfredo Landaverde in 2009 and 2011, \n respectively, with the subsequent knowledge of top police and, \n evidently, high-ranking government officials. The Times \n suggested in a subsequent article that the revelations were \n being manipulated by the President of Honduras for his own \n corrupt purposes.\n (3) Individuals in the police with documented records of \n having committed gross human abuses with impunity continue to \n be appointed to high positions within the police.\n (4) International human rights bodies have reported that \n the Honduran military and police commit human rights abuses, \n including killings, with impunity. The Associated Press has \n documented death squad activity by police. Human Rights Watch \n reports: ``The use of lethal force by the national police is a \n chronic problem. Investigations into the police abuses are \n marred by inefficiency and corruption, little information about \n them is made public; and impunity is the rule.''.\n (5) The Department of State's Honduran Human Rights Report \n for 2016 reports: ``Impunity remains a serious problem, with \n prosecution in cases of military and police officials charged \n with human rights violations moving too slowly or remaining \n inconclusive.''.\n (6) Repeated efforts to clean up the Honduran police have \n largely failed. A recent commission to clean up the police \n reports that it has separated a number of police. However, to \n date there has been minimal and only token progress in \n effectively prosecuting members of the police involved in \n corruption and human rights abuses, and the reported \n separations have not been independently verified. Moreover, \n long-lasting, fundamental reform of the police still needs to \n be enacted.\n (7) Rights Action documented the Fifteenth Battalion of the \n Honduran Armed Forces allegedly participated with police and \n private security forces in some of the killings of over 100 \n small-farmer activists in the Aguan Valley beginning in 2000. \n In 2015, Human Rights Watch confirmed that the killings of \n Aguan farmers were met with no consequences. To date there has \n been one confirmed conviction of a private actor. \n Assassinations of key activists continue. In October 2016, Jose \n Angel Flores, the president of the Unified Campesino Movement \n of the Aguan (MUCA), and Silmer Dionisio George, another MUCA \n member, were assassinated.\n (8) Further examples abound of human rights abuses by the \n military: in July 2013 members of the Armed Forces shot and \n killed Tomas Garcia, a Lenca Indigenous activist, and injured \n his son while they were peacefully protesting a dam project; in \n May 2014, nine members of the Ninth Infantry reportedly \n tortured and killed Amado Maradiaga Quiroz and tortured his \n son, Milton Noe Maradiaga Varela. The cases remain unresolved. \n In a recent emblematic case, on December 27, 2015, the Honduran \n Navy reportedly killed Joel Palacios Lino and Elvis Armando \n Garcia, two Garifuna Afro-Indigenous men who were engaged in \n digging a car out of the sand on a beach. The case remains in \n impunity over a year later.\n (9) The current Government of Honduras has expanded the \n military's reach into domestic policing, including the creation \n of a 3,000-member Military Police in clear violation of the \n Honduran constitution and with disastrous results, including \n the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a \n student, Erlin Misael Carias Moncada, in 2014, after they had \n passed unarmed through checkpoints, and the January 2, 2017, \n killing of 17-year-old Edgardo Moreno Rodriquez. Since the \n creation of the Military Police ``allegations of human rights \n abuses by the military have increased notably'', reports Human \n Rights Watch. In 2016 the creation of two new battalions of the \n Military Police was announced.\n (10) The Honduran judicial system has been widely \n documented to be rife with corruption. Judges, prosecutors and \n other officials are interconnected with organized crime and \n drug traffickers, contributing to near-complete immunity.\n (11) The Department of State in its 2015 Human Rights \n Report for Honduras reports ``corruption, intimidation, and \n institutional weakness of the justice system leading to \n widespread impunity.''.\n (12) Summarizing the situation, Human Rights Watch reports \n in 2016 that ``Rampant crime and impunity for human rights \n abuses remain the norm in Honduras . . . Efforts to reform the \n institutions responsible for providing public security have \n made little progress. Marred by corruption and abuse, the \n judiciary and police remain largely ineffective.''.\n (13) The March 2, 2016, assassination of prominent Lenca \n Indigenous and environmental activist Berta Caceres, world-\n renowned recipient of the 2015 Goldman Environmental Prize for \n her work defending Indigenous land rights against a \n hydroelectric dam project, illustrates the human rights crisis \n in Honduras, and the deep complicity of the Honduran \n government. Caceres, the leader of COPINH, the Council of \n Indigenous and Popular Organizations of Honduras, had reported \n to authorities 33 threats previous to her killing, but none had \n been investigated, and the government had failed to provide \n adequate protection measures as mandated by the Inter-American \n Commission on Human Rights, with protection by Honduran \n security being withdrawn the day of her death.\n (14) As of February 2017, eight suspects, four of whom have \n ties to the Honduran military, have been arrested in the \n killing of Caceres, one of whom is a current officer in the \n military and three others are former military. These arrests \n raise serious questions about the role of the Honduran military \n in her assassination, including the chain of command within the \n military as well as the identity of the true authors of the \n assassination.\n (15) The Government of Honduras continues to unduly limit \n legally mandated access by Ms. Caceres' family to the case \n file. In late September 2016, the original case file was \n allowed to leave the Public Ministry and was stolen.\n (16) Despite calls from 62 Members of Congress, members of \n the family of Berta Caceres, COPINH, leaders of the European \n Union, the Vatican Pontifical Council on Peace and Justice, and \n many others, the Honduran government has not permitted the \n Inter-American Commission on Human rights to conduct an \n independent investigation of the case.\n (17) In this context of corruption and human rights abuses, \n trade unionists, journalists, lawyers, Afro-Indigenous \n activists, Indigenous activists, small-farmer activists, LGBTI \n activists, human rights defenders, and critics of the \n government remain at severe risk; and previous human rights \n abuses against them remain largely unpunished.\n (18) The May 2, 2016, shooting of prominent opposition \n journalist Felix Molina illustrates the continued risk facing \n activists. Hours before he was shot, Molina had posted \n information potentially linking Caceres's killing to a top \n government official, members of an elite family, and one of the \n prosecutors in the case.\n (19) The Consolidated Appropriations Act, 2016 allocated \n approximately $18,000,000 to the Honduran police and military, \n in addition to the National Defense Authorization Act for \n Fiscal Year 2016 authorizing additional funding. The \n Administration's funding request for fiscal year 2017 also \n calls for an increase in security funding for Honduras.\n (20) The Inter-American Development Bank in 2012 lent \n $59,800,000 to the Honduran police, with United States \n approval.\n\nSEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO \n REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN \n MET.\n\n (a) Suspension of Security Assistance.--No funds may be made \navailable to provide assistance for the police or military of the \nRepublic of Honduras, including assistance for equipment and training.\n (b) Loans From Multilateral Development Banks.--The Secretary of \nthe Treasury shall instruct United States representatives at \nmultilateral development banks to vote no on any loans for the police \nor military of the Republic of Honduras.\n\nSEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS.\n\n The provisions of this Act shall terminate on the date on which the \nSecretary of State determines and certifies to the Committee on Foreign \nAffairs of the House of Representatives and the Committee on Foreign \nRelations of the Senate that the Government of Honduras has--\n (1) pursued all legal avenues to bring to trial and obtain \n a verdict of those who ordered and carried out--\n (A) the March 2, 2016, murder of Berta Caceres;\n (B) the killings of over 100 small-farmer activists \n in the Aguan Valley;\n (C) the December 27, 2015, killings of Joel \n Palacios Lino and Elvis Armando Garcia; and\n (D) the May 3, 2016, armed attack on Felix Molina;\n (2) investigated and successfully prosecuted members of \n military and police forces who are credibly found to have \n violated human rights, and ensured that the military and police \n cooperated in such cases, and that such violations have ceased;\n (3) withdrawn the military from domestic policing, in \n accordance with the Honduran Constitution, and ensured that all \n domestic police functions are separated from the command and \n control of the Armed Forces of Honduras and are instead \n directly responsible to civilian authority;\n (4) established that it protects effectively the rights of \n trade unionists, journalists, human rights defenders, \n Indigenous, Afro-Indigenous, small-farmer, and LGBTI activists, \n critics of the government, and other civil society activists to \n operate without interference; and\n (5) taken effective steps to fully establish the rule of a \n law and to guarantee a judicial system that is capable of \n investigating, prosecuting, and bringing to justice members of \n the police and military who have committed human rights abuses.","summary":"Berta Caceres Human Rights in Honduras Act This bill prohibits funds from being made available to Honduras for the police or military , and directs the Department of the Treasury to instruct US representatives at multilateral development banks to vote against any loans for the police or military of Honduras, until the Department of States certifies that the government of Honduras has: prosecuted members of the military and police for human rights violations and ensured that such violations have ceased. Established the rule of law and guaranteed a judicial system capable of bringing to justice members of the police and military who have committed human rights abuses. Established that it protects the rights of trade unionists, journalists, human rights defenders, government critics, and civil society activists to operate without interference, withdrawn the military from domestic policing. And brought to trial and obtained verdicts against those who ordered and carried out the attack on Felix Molina and the killings of Berta Caceres, Joel Palacios Lino, Elvis Armando Garcia, and over 100 small-farmer activists in the Aguan Valley.","title":"Berta C\u00e1ceres Human Rights in Honduras Act","text_len":11869,"sum_len":1145} {"bill_id":"109_hr5378","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Corporate Welfare Reduction and Job \nPreservation Act of 2006''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds the following:\n (1) Corporations are subject to a tax rate of up to 34 \n percent or 35 percent.\n (2) Over the past several years, one of the most serious \n problems affecting the middle-class has been corporate \n downsizing. Many large, wealthy, and profitable corporations \n have reduced the number of their American employees by \n transferring those jobs to foreign countries or have reduced \n the number of their employees in order to realize an immediate \n short-term profit or increase in stock value.\n\nSEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS \n WHICH REDUCE WORKFORCE.\n\n (a) In General.--Subchapter C of chapter 1 of the Internal Revenue \nCode of 1986 (relating to corporate distributions and adjustments) is \namended by adding at the end the following new part:\n\n``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS \n WHICH REDUCE WORKFORCE\n\n``Sec. 386. Reduction of tax benefits for profitable large corporations \n which reduce workforce.\n\n``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS \n WHICH REDUCE WORKFORCE.\n\n ``(a) In General.--For any taxable year, if any profitable large \ncorporation reduces by 15 percent or more the number of employees who \nperform any task or function at any facility in the United States, the \namount of each facility-related tax benefit shall be reduced by 50 \npercent.\n ``(b) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Facility-related tax benefit.--\n ``(A) In general.--The term `facility-related tax \n benefit' means--\n ``(i) any tax benefit to the extent \n attributable to a facility described in \n subsection (a), or\n ``(ii) to the extent that a tax benefit is \n not attributable to any facility, a pro rata \n portion of such tax benefit (as determined \n under regulations prescribed by the Secretary).\n ``(B) Exception.--Such term shall not include--\n ``(i) any exclusion from gross income under \n section 127 or 129 or any other deduction for \n the cost of employee health care, child care, \n job training, or retraining, or\n ``(ii) any other tax benefit (other than \n wages) which the Secretary determines by \n regulation to be a tax benefit for costs \n incurred primarily for the benefit of employees \n rather than the employer.\n ``(2) Large corporation.--The term `large corporation' \n means a corporation or partnership which is not a small-\n business concern (within the meaning of section 3 of the Small \n Business Act, as in effect on the date of the enactment of this \n section).\n ``(3) Profitable.--Any large corporation shall be treated \n as profitable, for any taxable year, if the sum of taxable \n income (if any) for the 5-taxable-year period ending with the \n preceding taxable year (or, if shorter, the period consisting \n of all preceding taxable years of such large corporation) \n equals or exceeds the sum of the net operating losses (if any) \n attributable to such period.\n ``(4) Related persons.--\n ``(A) In general.--All related persons shall be \n treated as one person.\n ``(B) Related persons defined.--The term `related \n persons' means--\n ``(i) persons bearing a relationship \n described in section 267 or 707(b), and\n ``(ii) persons treated as a single employer \n under subsection (a) or (b) of section 52.\n ``(5) Tax benefit.--The term `tax benefit' means a credit, \n deduction, or exclusion allowable under this title.''\n (b) Transmission of Data by Secretary of Labor.--The Secretary of \nLabor shall transmit to the Secretary of the Treasury, not less than \nannually, a list of corporations and partnerships described in section \n386(a) of the Internal Revenue Code of 1986 (as added by this section).\n (c) Clerical Amendment.--The table of parts for subchapter C of \nchapter 1 of such Code is amended by adding at the end the following \nnew item:\n\n``Part VII. Reduction of tax benefits for profitable large corporations \n which reduce workforce''\n\n (d) Effective Date.--This section and the amendments made by this \nsection shall apply to taxable years beginning after December 31, 2006.\n\nSEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS \n PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH \n REDUCE WORKFORCE.\n\n (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 \n(22 U.S.C. 2195) is amended by adding at the end the following:\n ``(g) Limitations on Assistance to Profitable Large Corporations \nThat Reduce Workforce.--\n ``(1) In general.--If a facility-related tax benefit of an \n entity for a taxable year is reduced by reason of section \n 386(a) of the Internal Revenue Code of 1986, then--\n ``(A) the entity shall immediately repay to the \n Corporation the amount of any loan made by the \n Corporation to the entity under section 234;\n ``(B) any insurance policy provided by the \n Corporation to the entity under such section is \n rescinded; and\n ``(C) until the Secretary of the Treasury \n determines that the activity on the basis of which the \n facility-related tax benefit of the entity was so \n reduced has ceased, the Corporation may not, during the \n immediately succeeding taxable year of the entity, \n extend credit, participate in an extension of credit, \n or provide any insurance, directly to the entity under \n such section.\n ``(2) Effect of failure to repay loan.--Interest shall \n accrue on any amount required by paragraph (1)(A) to be repaid \n to the Corporation at a rate of 10 percent per month.''.\n (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank \nAct of 1945 (12 U.S.C. 635) is amended by adding at the end the \nfollowing:\n ``(g) Limitations on Assistance to Profitable Large Corporations \nThat Reduce Workforce.--\n ``(1) In general.--If a facility-related tax benefit of an \n entity for a taxable year is reduced by reason of section \n 386(a) of the Internal Revenue Code of 1986, then--\n ``(A) the entity shall immediately repay to the \n Bank the amount of any loan made by the Bank to the \n entity;\n ``(B) any insurance policy provided by the Bank to \n the entity is rescinded; and\n ``(C) until the Secretary of the Treasury \n determines that the activity on the basis of which the \n facility-related tax benefit of the entity was so \n reduced has ceased, the Bank may not, during the \n immediately succeeding taxable year of the entity, \n extend credit, participate in an extension of credit, \n or provide any insurance, directly to the entity.\n ``(2) Effect of failure to repay loan.--Interest shall \n accrue on any amount required by paragraph (1)(A) to be repaid \n to the Bank at a rate of 10 percent per month.''.","summary":"Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50 reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15 or more. Defines large profitable corporation as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period. Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations that reduce their employee workforce by 15 or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts.","title":"To amend the Internal Revenue Code of 1986 to reduce by 50 percent certain tax benefits allowable to profitable large corporations which make certain workforce reductions.","text_len":8237,"sum_len":745} {"bill_id":"112_hr2328","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``End Excessive Oil Speculation Now \nAct of 2011''.\n\nSEC. 2. ELIMINATION OF EXCESSIVE OIL SPECULATION.\n\n (a) Findings.--Congress finds that--\n (1) the national average retail price for a gallon of \n gasoline was $3.75 on June 8, 2011;\n (2) increased gasoline prices are causing severe economic \n pain to the American people;\n (3) Congress has a responsibility--\n (A) to ensure that gasoline prices at the pump \n reflect the fundamentals of supply and demand; and\n (B) to bring needed relief to consumers and \n businesses of the United States at the gas pump;\n (4) there is mounting evidence that the spike in gasoline \n prices has--\n (A) little to do with the fundamentals of supply \n and demand; and\n (B) more to do with Wall Street speculators \n increasing oil and gas prices in the energy futures and \n swaps markets;\n (5) as of May 27, 2011--\n (A) the supply of gasoline in the United States was \n higher than it was 2 years ago; and\n (B) the demand for gasoline was lower than it was 2 \n years ago when the national average for a gallon of \n regular unleaded gasoline was $2.44 a gallon;\n (6) on May 12, 2011, Exxon Mobil Chairman and Chief \n Executive Officer, Rex Tillerson, told the Committee on Finance \n of the Senate that oil should cost between $60 and $70 per \n barrel, if the price of oil was based on supply and demand \n fundamentals;\n (7) on March 21, 2011, Goldman Sachs warned clients that \n speculators were boosting crude oil prices by as much as $27 a \n barrel;\n (8) on March 25, 2011, Delta Airlines General Counsel, Ben \n Hirst, said that the marginal cost of oil production is between \n $60 to $70 a barrel;\n (9) in the summer of 2008, when gas prices rose to over $4 \n a gallon, Saudi Arabian government officials told the Federal \n Government that speculators were responsible for increasing oil \n prices by about $40 a barrel;\n (10) the Commodity Futures Trading Commission has the \n authority to ensure that the price discovery for oil and \n gasoline is based on the fundamentals of supply and demand, \n rather than excessive speculation;\n (11) title VII of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act (15 U.S.C. 8301 et seq.) (and \n amendments made by that Act) requires the Commission to \n establish position limits ``to diminish, eliminate, or prevent \n excessive speculation'' for trading in crude oil, gasoline, \n heating oil and other physical commodity derivatives;\n (12) as of the date of introduction of this Act, the \n Commission has failed to impose position limits to diminish, \n eliminate, or prevent excessive oil and gasoline speculation as \n required by law; and\n (13) the proposed position limits for derivatives that the \n Commission included in the notice of proposed rulemaking \n entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 \n (January 26, 2011)) are not scheduled to go into effect until \n the first quarter of 2012, which would--\n (A) occur on a date that is later than the \n statutory deadline for the regulations; and\n (B) fail to diminish, eliminate, or prevent \n excessive speculation as required by the Dodd-Frank \n Wall Street Reform and Consumer Protection Act (Public \n Law 111-203; 124 Stat. 1376).\n (b) Elimination of Excessive Oil Speculation.--\n (1) Definitions.--In this Act:\n (A) Bona-fide hedge trading; bona-fide hedge \n transaction.--The terms ``bona-fide hedge trading'' and \n ``bona-fide hedge transaction'' means a transaction or \n position that--\n (i)(I) represents a substitute for a \n transaction made or to be made, or a position \n taken or to be taken, at a later time in a \n physical marketing channel;\n (II) is economically appropriate for the \n reduction of risks in the conduct and \n management of a commercial enterprise; and\n (III) arises from the potential change in \n the value of--\n (aa) assets that a person owns, \n produces, manufactures, processes, or \n merchandises or anticipates owning, \n producing, manufacturing, processing, \n or merchandising;\n (bb) liabilities that a person has \n incurred or anticipates incurring; or\n (cc) services that a person \n provides, purchases, or anticipates \n providing or purchasing; or\n (ii) reduces risks attendant to a position \n resulting from a swap that--\n (I) was executed opposite a \n counterparty for which the transaction \n would qualify as a bona-fide hedging \n transaction; or\n (II) meets the requirements of \n clause (i).\n (B) Commission.--The term ``Commission'' means the \n Commodity Futures Trading Commission.\n (2) Duty of chairman of the commission.--Notwithstanding \n section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any \n other provision of law (including regulations), not later than \n 14 days after the date of enactment of this Act, the Chairman \n of the Commission shall unilaterally--\n (A) establish 1 or more speculative position limits \n in any registered entity on or through which crude oil, \n gasoline, diesel fuel, jet fuel, or heating oil futures \n or swaps are traded that are equal to the position \n accountability levels or position limits, as \n appropriate, established by the New York Mercantile \n Exchange;\n (B) establish 1 or more speculative position limits \n that are equal to the position accountability levels or \n position limits, as appropriate, established by the New \n York Mercantile Exchange on the aggregate number or \n amount of positions in contracts based upon the same \n underlying commodity that may be held by any person, \n including any group or class of traders, for each month \n across--\n (i) contracts listed by designated contract \n markets;\n (ii) with respect to an agreement, \n contract, or transaction that settles against \n any price (including the daily or final \n settlement price) of 1 or more contracts listed \n for trading on a registered entity, contracts \n traded on a foreign board of trade that \n provides members or other participants located \n in the United States with direct access to the \n electronic trading and order matching system of \n the foreign board of trade; and\n (iii) swap contracts that perform or affect \n a significant price discovery function with \n respect to regulated entities;\n (C) establish margin requirements of 12 percent for \n speculative swaps and futures trading in crude oil, \n gasoline, diesel fuel, jet fuel, and heating oil;\n (D) require that each bank holding company, \n investment bank, hedge fund, or swaps dealer engaged in \n the trading of energy futures or swaps for the benefit \n of the bank holding company, investment bank, hedge \n fund, or swaps dealer or on the behalf of, or as \n counterparty to, an index fund, exchange traded fund, \n or other noncommercial participant--\n (i) register with the Commission as a \n noncommercial participant; and\n (ii) be subject to each position limit and \n margin requirement under this subsection for \n each position in a manner by which the position \n is considered to be a speculative, proprietary \n position of the bank holding company, \n investment bank, hedge fund, or swaps dealer;\n (E) take any other action that the Chairman of the \n Commission determines to be necessary to eliminate \n excessive speculation in the aggregate to ensure that \n the price of crude oil, gasoline, diesel fuel, jet \n fuel, and heating oil accurately reflects the \n fundamentals of supply and demand; and\n (F) ensure that each bank holding company, hedge \n fund, investment bank, and swaps dealer that is engaged \n in the trading of energy futures or swaps for the \n benefit of the bank holding company, hedge fund, \n investment bank, and swaps dealer, or on the behalf of, \n or as counterparty to, 1 or more noncommercial \n participants, abides by each position limit and margin \n requirement under this subsection.\n (3) Applicability.--Each position limit and margin \n requirement under this subsection shall not apply to bona-fide \n hedge trading.\n (4) Adjustments.--Notwithstanding section 2 of the \n Commodity Exchange Act (7 U.S.C. 2) or any other provision of \n law (including regulations), the Chairman of the Commission may \n adjust any position limit under this subsection to the extent \n that the position of all noncommercial participants or \n speculators (in the aggregate and measured on an annual basis) \n shall not equal an amount greater than 35 percent of the \n annual, aggregate position of all traders in such futures and \n swaps market or markets for crude oil, gasoline, diesel fuel, \n jet fuel, and heating oil trading.\n (5) Sunset.--\n (A) In general.--This Act, and the authority \n provided under this Act, shall terminate on the date on \n which the Commission imposes position limits to \n diminish, eliminate, or prevent excessive speculation \n as required by, and increased margin requirements as \n authorized in, title VII of the Dodd-Frank Wall Street \n Reform and Consumer Protection Act (15 U.S.C. 8301 et \n seq.) (and amendments made by that Act).\n (B) Sense of congress.--It is the sense of Congress \n that, if finalized, the proposed position limits for \n derivatives that the Commission included in the notice \n of proposed rulemaking entitled ``Position Limits for \n Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) \n are not sufficient to fulfill the statutory \n requirements of title VII of the Dodd-Frank Wall Street \n Reform and Consumer Protection Act (15 U.S.C. 8301 et \n seq.) (and amendments made by that Act) to diminish, \n eliminate, or prevent excessive speculation.","summary":"End Excessive Oil Speculation Now Act of 2011 - Directs the Chairman of the Commodity Futures Trading Commission (CFTC) to establish speculative position limits: (1) in any registered trading entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits established by the New York Mercantile Exchange (Exchange). And (2) that are equal to the position accountability levels or position limits established by such Exchange upon the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person for each month across specified contracts, transactions, and swap contracts. Directs the Chairman to: (1) establish margin requirements of 12 for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil. (2) require each bank holding company, investment bank, hedge fund, or swaps dealer trading energy futures or swaps for its own benefit, or on behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant, to register with the CFTC as a noncommercial participant and be subject to position limits and margin requirements under this Act. Exempts bona-fide hedge trading from such position limits and margin requirements. Expresses the sense of Congress that, if finalized, the proposed position limits for derivatives that the CFTC included in a specified notice of proposed rulemaking do not fulfill the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act to diminish, eliminate, or prevent excessive speculation.","title":"To require the Chairman of the Commodity Futures Trading Commission to impose unilaterally position limits and margin requirements to eliminate excessive oil speculation, and to take other actions to ensure that the price of crude oil, gasoline, diesel fuel, jet fuel, and heating oil accurately reflects the fundamentals of supply and demand, to remain in effect until the date on which the Commission establishes position limits to diminish, eliminate, or prevent excessive speculation as required by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and for other purposes.","text_len":12648,"sum_len":1712} {"bill_id":"105_s2015","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``New Medications to Treat Addiction \nAct of 1998''.\n\n TITLE I--PHARMACOTHERAPY RESEARCH\n\nSEC. 101. REAUTHORIZATION FOR MEDICATION DEVELOPMENT PROGRAM.\n\n Section 464P(e) of the Public Health Service Act (42 U.S.C. 285o-\n4(e)) is amended to read as follows:\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of the fiscal years 1999 through 2001 of which the following \namount may be appropriated from the Violent Crime Reduction Trust Fund:\n ``(1) $100,000,000 for fiscal year 2000; and\n ``(2) $100,000,000 for fiscal year 2001.''.\n\n TITLE II--PATENT PROTECTIONS FOR PHARMACOTHERAPIES\n\nSEC. 201. RECOMMENDATION FOR INVESTIGATION OF DRUGS.\n\n Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 360aa(a)) is amended--\n (1) in the first sentence, by striking ``States'' and \n inserting ``States, or for treatment of an addiction to illegal \n drugs,'';\n (2) in the second sentence, by striking ``States'' and \n inserting ``States, or for treatment of an addiction to illegal \n drugs''; and\n (3) by striking ``such disease or condition'' each place it \n appears and inserting ``such disease or condition, or treatment \n of such addiction,''.\n\nSEC. 202. DESIGNATION OF DRUGS.\n\n Section 526(a) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 360bb(a)) is amended--\n (1) in paragraph (1)--\n (A) by inserting before the period in the first \n sentence the following: ``, or for treatment of an \n addiction to illegal drugs'';\n (B) in the third sentence, by striking ``rare \n disease or condition'' and inserting ``rare disease or \n condition, or for treatment of an addiction to illegal \n drugs,'';\n (C) by striking ``such disease or condition,'' and \n inserting ``such disease or condition, or treatment of \n such addiction,''; and\n (D) by striking ``such disease or condition.'' and \n inserting ``such disease or condition, or treatment of \n such addiction.''; and\n (2) in paragraph (2)--\n (A) by striking ``(2) For'' and inserting ``(2)(A) \n For'';\n (B) by striking ``(A) affects'' and inserting ``(i) \n affects'';\n (C) by striking ``(B) affects'' and inserting \n ``(ii) affects''; and\n (D) by adding at the end the following:\n ``(B) For purposes of this subchapter, the term `treatment of an \naddiction to illegal drugs' means treatment by any pharmacological \nagent or medication that--\n ``(i) reduces the craving for an illegal drug for an \n individual who--\n ``(I) habitually uses the illegal drug in a manner \n that endangers the public health, safety, or welfare; \n or\n ``(II) is so addicted to the use of the illegal \n drug that the individual is not able to control the \n addiction through the exercise of self-control;\n ``(ii) blocks the behavioral and physiological effects of \n an illegal drug for an individual described in clause (i);\n ``(iii) safely serves as a replacement therapy for the \n treatment of abuse of an illegal drug for an individual \n described in clause (i);\n ``(iv) moderates or eliminates the process of withdrawal \n from an illegal drug for an individual described in clause (i);\n ``(v) blocks or reverses the toxic effect of an illegal \n drug on an individual described in clause (i); or\n ``(vi) prevents, where possible, the initiation of abuse of \n an illegal drug in individuals at high risk.\n ``(C) The term `illegal drug' means a controlled substance \nidentified under schedules I, II, III, IV, and V in section 202(c) of \nthe Controlled Substances Act (21 U.S.C. 812(c)).''.\n\nSEC. 203. PROTECTION FOR DRUGS.\n\n Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n360cc) is amended--\n (1) in subsection (a), by striking ``rare disease or \n condition,'' and inserting ``rare disease or condition, or for \n treatment of an addiction to illegal drugs,'';\n (2) in subsection (b), by striking ``rare disease or \n condition'' and inserting ``rare disease or condition, or for \n treatment of an addiction to illegal drugs,'';\n (3) by striking ``such disease or condition'' each place it \n appears and inserting ``such disease or condition, or treatment \n of such addiction,''; and\n (4) in subsection (b)(1), by striking ``the disease or \n condition'' and inserting ``the disease, condition, or \n addiction''.\n\nSEC. 204. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS.\n\n Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n360dd) is amended--\n (1) by striking ``rare disease or condition'' and inserting \n ``rare disease or condition, or for treatment of an addiction \n to illegal drugs,''; and\n (2) by striking ``the disease or condition'' each place it \n appears and inserting ``the disease, condition, or addiction''.\n\nSEC. 205. CONFORMING AMENDMENTS.\n\n (a) Subchapter Heading.--The subchapter heading of subchapter B of \nchapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa \net seq.) is amended by striking ``Conditions'' and inserting \n``Conditions, or for Treatment of an Addiction''.\n (b) Section Headings.--The section heading of sections 525 through \n528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa \nthrough 360dd) are amended by striking ``conditions'' and inserting \n``conditions, or for treatment of an addiction''.\n (c) Fees.--Section 736(a)(1)(E) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 379h(a)(1)(E)) is amended--\n (1) in the subparagraph heading, by striking ``orphan'';\n (2) by striking ``for a rare disease or condition'' each \n place it appears and inserting ``for a rare disease or \n condition, or for treatment of an addiction to illegal \n drugs,''; and\n (3) in the first sentence, by striking ``rare disease or \n condition.'' and inserting ``rare disease or condition, or \n other than for treatment of an addiction to illegal drugs, \n respectively.''.\n\n TITLE III--ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPIES\n\nSEC. 301. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE \n TREATMENT OF ADDICTION TO ILLEGAL DRUGS.\n\n Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n351 et seq.) is amended by adding at the end the following:\n\n ``Subchapter F--Drugs for Cocaine and Heroin Addictions\n\n``SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND \n HEROIN ADDICTIONS.\n\n ``(a) In General.--Subject to subsections (b) and (c), the \nSecretary shall, in cooperation with the Institute of Medicine of the \nNational Academy of Sciences, establish criteria for an acceptable drug \nfor the treatment of an addiction to cocaine and for an acceptable drug \nfor the treatment of an addiction to heroin. The criteria shall be used \nby the Secretary in making a contract, or entering into a licensing \nagreement, under section 572.\n ``(b) Requirements.--The criteria established under subsection (a) \nfor a drug shall include requirements--\n ``(1) that the application to use the drug for the \n treatment of addiction to cocaine or heroin was filed and \n approved by the Secretary under this Act after the date of \n enactment of this section;\n ``(2) that a performance based test on the drug--\n ``(A) has been conducted through the use of a \n randomly selected test group that received the drug as \n a treatment and a randomly selected control group that \n received a placebo; and\n ``(B) has compared the long term differences in the \n addiction levels of control group participants and test \n group participants;\n ``(3) that the performance based test conducted under \n paragraph (2) demonstrates that the drug is effective through \n evidence that--\n ``(A) a significant number of the participants in \n the test who have an addiction to cocaine or heroin are \n willing to take the drug for the addiction;\n ``(B) a significant number of the participants in \n the test who have an addiction to cocaine or heroin and \n who were provided the drug for the addiction during the \n test are willing to continue taking the drug as long as \n necessary for the treatment of the addiction; and\n ``(C) a significant number of the participants in \n the test who were provided the drug for the period of \n time required for the treatment of the addiction \n refrained from the use of cocaine or heroin, after the \n date of the initial administration of the drug on the \n participants, for a significantly longer period than \n the average period of refraining from such use under \n currently available treatments (as of the date of the \n application described in paragraph (1)); and\n ``(4) that the drug shall have a reasonable cost of \n production.\n ``(c) Review and Publication of Criteria.--The criteria established \nunder subsection (a) shall, prior to the publication and application of \nsuch criteria, be submitted for review to the Committee on the \nJudiciary, and the Committee on Education and the Workplace, of the \nHouse of Representatives, and the Committee on the Judiciary, and the \nCommittee on Labor and Human Resources, of the Senate. Not later than \n90 days after notifying each of the committees, the Secretary shall \npublish the criteria in the Federal Register.\n\n``SEC. 572. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT.\n\n ``(a) Application.--\n ``(1) In general.--The patent owner of a drug to treat an \n addiction to cocaine or heroin, may submit an application to \n the Secretary--\n ``(A) to enter into a contract with the Secretary \n to sell to the Secretary the patent rights of the owner \n relating to the drug; or\n ``(B) in the case in which the drug is approved \n under section 505 by the Secretary for more than 1 \n indication, to enter into an exclusive licensing \n agreement with the Secretary for the manufacture and \n distribution of the drug to treat an addiction to \n cocaine or heroin.\n ``(2) Requirements.--An application described in paragraph \n (1) shall be submitted at such time and in such manner, and \n accompanied by such information, as the Secretary may require.\n ``(b) Contract and Licensing Agreements.--\n ``(1) Requirements.--The Secretary may enter into a \n contract or a licensing agreement described in subsection (a) \n with a patent owner who has submitted an application in \n accordance with subsection (a) if the drug covered under the \n contract or licensing agreement meets the criteria established \n by the Secretary under section 551(a).\n ``(2) Special rule.--The Secretary may, under paragraph \n (1), enter into--\n ``(A) not more than 1 contract or exclusive \n licensing agreement relating to a drug for the \n treatment of an addiction to cocaine; and\n ``(B) not more than 1 contract or licensing \n agreement relating to a drug for the treatment of an \n addiction to heroin.\n ``(3) Coverage.--A contract or licensing agreement \n described in subparagraph (A) or (B) of paragraph (2) shall \n cover not more than 1 drug.\n ``(4) Purchase amount.--Subject to amounts provided in \n advance in appropriations Acts--\n ``(A) the amount to be paid to a patent owner who \n has entered into a contract or licensing agreement \n under this subsection relating to a drug to treat an \n addiction to cocaine shall not exceed $100,000,000; and\n ``(B) the amount to be paid to a patent owner who \n has entered into a contract or licensing agreement \n under this subsection relating to a drug to treat an \n addiction to heroin shall not exceed $50,000,000.\n ``(c) Transfer of Rights Under Contracts and Licensing Agreement.--\n ``(1) Contracts.--A contract under subsection (b)(1) to \n purchase the patent rights relating to a drug to treat cocaine \n or heroin addiction shall transfer to the Secretary--\n ``(A) the exclusive right to make, use, or sell the \n patented drug within the United States for the term of \n the patent;\n ``(B) any foreign patent rights held by the patent \n owner with respect to the drug;\n ``(C) any patent rights relating to the process of \n manufacturing the drug; and\n ``(D) any trade secret or confidential business \n information relating to the development of the drug, \n process for manufacturing the drug, and therapeutic \n effects of the drug.\n ``(2) Licensing agreements.--A licensing agreement under \n subsection (b)(1) to purchase an exclusive license relating to \n manufacture and distribution of a drug to treat an addiction to \n cocaine or heroin shall transfer to the Secretary--\n ``(A) the exclusive right to make, use, or sell the \n patented drug for the purpose of treating an addiction \n to cocaine or heroin within the United States for the \n term of the patent;\n ``(B) the right to use any patented processes \n relating to manufacturing the drug; and\n ``(C) any trade secret or confidential business \n information relating to the development of the drug, \n process for manufacturing the drug, and therapeutic \n effects of the drug relating to use of the drug to \n treat an addiction to cocaine or heroin.\n\n``SEC. 573. PLAN FOR MANUFACTURE AND DEVELOPMENT.\n\n ``(a) In General.--Not later than 90 days after the date on which \nthe Secretary purchases the patent rights of a patent owner, or enters \ninto a licensing agreement with a patent owner, under section 572, \nrelating to a drug under section 571, the Secretary shall develop a \nplan for the manufacture and distribution of the drug.\n ``(b) Plan Requirements.--The plan shall set forth--\n ``(1) procedures for the Secretary to enter into licensing \n agreements with private entities for the manufacture and the \n distribution of the drug;\n ``(2) procedures for making the drug available to nonprofit \n entities and private entities to use in the treatment of a \n cocaine or heroin addiction;\n ``(3) a system to establish the sale price for the drug; \n and\n ``(4) policies and procedures with respect to the use of \n Federal funds by State and local governments or nonprofit \n entities to purchase the drug from the Secretary.\n ``(c) Applicability of Procurement and Licensing Laws.--Federal law \nrelating to procurements and licensing agreements by the Federal \nGovernment shall be applicable to procurements and licenses covered \nunder the plan described in subsection (a).\n ``(d) Review of Plan.--\n ``(1) In general.--Upon completion of the plan under \n subsection (a), the Secretary shall notify the Committee on the \n Judiciary, and the Committee on Education and the Workplace, of \n the House of Representatives, and the Committee on the \n Judiciary, and the Committee on Labor and Human Resources, of \n the Senate, of the development of the plan and publish the plan \n in the Federal Register. The Secretary shall provide an \n opportunity for public comment on the plan for a period of not \n more than 30 days after the date of the publication of the plan \n in the Federal Register.\n ``(2) Final plan.--Not later than 60 days after the date of \n the expiration of the comment period described in paragraph \n (1), the Secretary shall publish in the Federal Register a \n final plan described in subsection (a). The implementation of \n the plan shall begin on the date of the publication of the \n final plan.\n ``(e) Construction.--The development, publication, or \nimplementation of the plan, or any other agency action with respect to \nthe plan, shall not be considered agency action subject to judicial \nreview. No official or court of the United States shall have power or \njurisdiction to review the decision of the Secretary on any question of \nlaw or fact relating to any agency action with respect to the plan.\n ``(f) Regulations.--The Secretary may promulgate regulations to \ncarry out this section.\n\n``SEC. 574. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this \nsubchapter, such sums as may be necessary in each of the fiscal years \n1999 through 2001.''.","summary":"TABLE OF CONTENTS: Title I: Pharmacotherapy Research Title II: Patent Protections for Pharmacotherapies Title III: Encouraging Private Sector Development of Pharmacotherapies New Medications to Treat Addiction Act of 1998 - Title I: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations as necessary to carry out provisions relating to development of medications to treat drug addiction, allowing specified sums of those amounts to be appropriated from the Violent Crime Reduction Trust Fund. Title II: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception. Requires that the sponsor of such a treatment drug be encouraged to design open protocols. Title III: Encouraging Private Sector Development of Pharmacotherapies - Mandates establishment of criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin. Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary. Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan. Authorizes appropriations to carry out this title.","title":"New Medications to Treat Addiction Act of 1998","text_len":18318,"sum_len":1670} {"bill_id":"113_s1230","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Alternative Fueled \nVehicles Competitiveness and Energy Security Act of 2013''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Loan guarantees for alternative fuel infrastructure.\nSec. 4. Advanced technology vehicles manufacturing incentive program.\nSec. 5. Conventional fuel replacement calculation and assessment.\nSec. 6. Technical assistance and coordination.\nSec. 7. Workforce training.\nSec. 8. Reduction of engine idling and conventional fuel consumption.\nSec. 9. Electric, hydrogen, and natural gas utility and oil pipeline \n participation.\nSec. 10. Federal fleets.\nSec. 11. HOV lane access extension.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Alternative fuel.--The term ``alternative fuel'' has \n the meaning given the term in section 301 of the Energy Policy \n Act of 1992 (42 U.S.C. 13211).\n (2) Alternative fueled vehicle.--The term ``alternative \n fueled vehicle'' has the meaning given the term in section 301 \n of the Energy Policy Act of 1992 (42 U.S.C. 13211).\n (3) Community college.--The term ``community college'' has \n the meaning given the term ``junior or community college'' in \n section 312 of the Higher Education Act of 1965 (20 U.S.C. \n 1058).\n (4) Department.--The term ``Department'' means the \n Department of Energy.\n (5) Nonroad vehicle.--\n (A) In general.--The term ``nonroad vehicle'' means \n a vehicle that is not licensed for onroad use.\n (B) Inclusions.--The term ``nonroad vehicle'' \n includes a vehicle described in subparagraph (A) that \n is used principally--\n (i) for industrial, farming, or commercial \n use;\n (ii) for rail transportation;\n (iii) at an airport; or\n (iv) for marine purposes.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\nSEC. 3. LOAN GUARANTEES FOR ALTERNATIVE FUEL INFRASTRUCTURE.\n\n Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. \n16513(b)) is amended by adding at the end the following:\n ``(11) Infrastructure for provision and distribution of \n alternative fuels.''.\n\nSEC. 4. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.\n\n Section 136 of the Energy Independence and Security Act of 2007 (42 \nU.S.C. 17013) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by redesignating subparagraphs (A) \n through (C) as clauses (i) through (iii), \n respectively, and indenting appropriately;\n (ii) in the matter preceding clause (i) (as \n redesignated by clause (i)), by striking \n ``means an ultra efficient vehicle or a light \n duty vehicle that meets--'' and inserting \n ``means--\n ``(A) an ultra efficient vehicle or a light duty \n vehicle that meets--'';\n (iii) in clause (iii) (as redesignated by \n clause (i)), by striking the period at the end \n and inserting a semicolon; and\n (iv) by adding at the end the following:\n ``(B) a vehicle (such as a medium-duty or heavy-\n duty work truck, bus, or rail transit vehicle) that--\n ``(i) is used on a public street, road, \n highway, or transitway;\n ``(ii) meets each applicable emission \n standard that is established as of the date of \n the application; and\n ``(iii) will reduce consumption of \n conventional motor fuel by 25 percent or more, \n as compared to existing surface transportation \n technologies that perform a similar function, \n unless the Secretary determines that--\n ``(I) the percentage is not \n achievable for a vehicle type or class; \n and\n ``(II) an alternative percentage \n for that vehicle type or class will \n result in substantial reductions in \n motor fuel consumption within the \n United States.'';\n (B) in paragraph (3)(B)--\n (i) by striking ``equipment and'' and \n inserting ``equipment,''; and\n (ii) by inserting ``, and manufacturing \n process equipment'' after ``suppliers''; and\n (C) by striking paragraph (4) and inserting the \n following:\n ``(4) Qualifying components.--The term `qualifying \n components' means components, systems, or groups of subsystems \n that the Secretary determines--\n ``(A) to be designed to improve fuel economy or \n otherwise substantially reduce consumption of \n conventional motor fuel; or\n ``(B) to contribute measurably to the overall \n improved fuel use of an advanced technology vehicle, \n including idle reduction technologies.'';\n (2) in subsection (b), in the matter preceding paragraph \n (1), by striking ``to automobile'' and inserting ``to advanced \n technology vehicle'';\n (3) in subsection (d)(1), in the first sentence, by \n striking ``a total of not more than $25,000,000,000 in'';\n (4) in subsection (h)--\n (A) in the subsection heading, by striking \n ``Automobile'' and inserting ``Advanced Technology \n Vehicle''; and\n (B) in paragraph (1)(B), by striking \n ``automobiles'' each place it appears and inserting \n ``advanced technology vehicles''; and\n (5) in subsection (i), by striking ``2012'' and inserting \n ``2018''.\n\nSEC. 5. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND ASSESSMENT.\n\n (a) Methodology.--Not later than 180 days after the date of \nenactment of this Act, the Secretary shall, by rule, develop a \nmethodology for calculating the equivalent volumes of conventional fuel \ndisplaced by use of each alternative fuel to assess the effectiveness \nof alternative fuel and alternative fueled vehicles in reducing oil \nimports.\n (b) National Assessment.--Not later than 3 years after the date of \nenactment of this Act, the Secretary shall--\n (1) conduct a national assessment (using the methodology \n developed under subsection (a)) of the effectiveness of \n alternative fuel and alternative fueled vehicles in reducing \n oil imports into the United States, including as assessment \n of--\n (A) market penetration of alternative fuel and \n alternative fueled vehicles in the United States;\n (B) successes and barriers to deployment identified \n by the programs established under this Act; and\n (C) the maximum feasible deployment of alternative \n fuel and alternative fueled vehicles by 2020 and 2030; \n and\n (2) report to Congress the results of the assessment.\n\nSEC. 6. TECHNICAL ASSISTANCE AND COORDINATION.\n\n (a) Technical Assistance to State, Local, and Tribal Governments.--\n (1) In general.--In carrying out this title, the Secretary \n shall provide, at the request of the Governor, mayor, county \n executive, public utility commissioner, or other appropriate \n official or designee, technical assistance to State, local, and \n tribal governments or to a public-private partnership described \n in paragraph (2) to assist with the deployment of alternative \n fuel and alternative fueled vehicles and infrastructure.\n (2) Public-private partnership.--Technical assistance under \n this section may be awarded to a public-private partnership, \n comprised of State, local or tribal governments and \n nongovernmental entities, including--\n (A) electric or natural gas utilities or other \n alternative fuel distributors;\n (B) vehicle manufacturers;\n (C) alternative fueled vehicle or alternative fuel \n technology providers;\n (D) vehicle fleet owners;\n (E) transportation and freight service providers; \n or\n (F) other appropriate non-Federal entities, as \n determined by the Secretary.\n (3) Assistance.--The technical assistance described in \n paragraph (1) may include--\n (A) coordination in the selection, location, and \n timing of alternative fuel recharging and refueling \n equipment and distribution infrastructure, including \n the identification of transportation corridors and \n specific alternative fuels that would be made \n available;\n (B) development of protocols and communication \n standards that facilitate vehicle refueling and \n recharging into electric, natural gas, and other \n alternative fuel distribution systems;\n (C) development of codes and standards for the \n installation of alternative fuel distribution and \n recharging and refueling equipment;\n (D) education and outreach for the deployment of \n alternative fuel and alternative fueled vehicles; and\n (E) utility rate design and integration of \n alternative fueled vehicles into electric and natural \n gas utility distribution systems.\n (b) Cost Sharing.--Cost sharing for assistance awarded under this \nsection shall be consistent with section 988 of the Energy Policy Act \nof 2005 (42 U.S.C. 16352).\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2014 through 2018.\n\nSEC. 7. WORKFORCE TRAINING.\n\n (a) In General.--The Secretary, in consultation with the Secretary \nof Labor, shall award grants to community colleges, other institutions \nof higher education, and other qualified training and education \ninstitutions for the establishment or expansion of programs to provide \ntraining and education for vocational workforce development for--\n (1) the manufacture and maintenance of alternative fueled \n vehicles; and\n (2) the manufacture, installation, support, and inspection \n of alternative fuel recharging, refueling, and distribution \n infrastructure.\n (b) Purpose.--Training funded under this section shall be intended \nto ensure that the workforce has the necessary skills needed to \nmanufacture, install, and maintain alternative fuel infrastructure and \nalternative fueled vehicles.\n (c) Scope.--Training funded under this section shall include \ntraining for--\n (1) electricians, plumbers, pipefitters, and other trades \n and contractors who will be installing, maintaining, or \n providing safety support for alternative fuel recharging, \n refueling, and distribution infrastructure;\n (2) building code inspection officials;\n (3) vehicle, engine, and powertrain dealers and mechanics; \n and\n (4) others positions as the Secretary determines necessary \n to successfully deploy alternative fuels and vehicles.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2014 through 2018.\n\nSEC. 8. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL CONSUMPTION.\n\n (a) Definition of Idle Reduction Technology.--Section 756(a) of the \nEnergy Policy Act of 2005 (42 U.S.C. 16104(a)) is amended by striking \nparagraph (5) and inserting the following:\n ``(5) Idle reduction technology.--The term `idle reduction \n technology' means an advanced truck stop electrification \n system, auxiliary power unit, or other technology that--\n ``(A)(i) is used to reduce long-duration idling; \n and\n ``(ii) allows for the main drive engine or \n auxiliary refrigeration engine to be shut down; or\n ``(B) uses an alternative fuel to reduce \n consumption of conventional fuel and environmental \n emissions.''.\n (b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act of 2005 \n(42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) and (ii) by \nstriking ``fiscal year 2008'' each place it appears and inserting \n``each of fiscal years 2008 through 2018''.\n\nSEC. 9. ELECTRIC, HYDROGEN, AND NATURAL GAS UTILITY AND OIL PIPELINE \n PARTICIPATION.\n\n (a) In General.--The Secretary shall identify barriers and remedies \nin existing electric and natural gas and oil pipeline transmission and \ndistribution systems to the distribution of alternative fuels and the \ndeployment of alternative fuel recharging and refueling capability, at \neconomically competitive costs of alternative fuel for consumers, \nincluding--\n (1) model regulatory rate design and billing for recharging \n and refueling alternative fueled vehicles;\n (2) electric grid load management and applications that \n will allow batteries in plug-in electric drive vehicles to be \n used for grid storage, ancillary services provision, and backup \n power;\n (3) integration of plug-in electric drive vehicles with \n smart grid technology, including protocols and standards, \n necessary equipment, and information technology systems;\n (4) technical and economic barriers to transshipment of \n biofuels by oil pipelines, or distribution of hydrogen; and\n (5) any other barriers to installing sufficient and \n appropriate alternative fuel recharging and refueling \n infrastructure.\n (b) Consultation.--The Secretary shall carry out this section in \nconsultation with--\n (1) the Federal Energy Regulatory Commission;\n (2) State public utility commissions;\n (3) State consumer advocates;\n (4) electric and natural gas utility and transmission \n owners and operators;\n (5) oil pipeline owners and operators;\n (6) hydrogen suppliers; and\n (7) other affected entities.\n (c) Report.--Not later than 2 years after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report describing \nactions taken to carry out this section.\n\nSEC. 10. FEDERAL FLEETS.\n\n (a) In General.--The Secretary (in consultation with the \nAdministrator of General Services, the Secretary of Defense, the \nPostmaster General, and the Director of the Office of Management and \nBudget) shall establish an interagency coordination council for the \ndevelopment and procurement of alternative fueled vehicles by Federal \nagencies.\n (b) Electricity and Natural Gas.--Electricity and natural gas \nconsumed by Federal agencies to fuel alternative fueled vehicles shall \nbe--\n (1) considered an alternative fuel; and\n (2) accounted for under Federal fleet management reporting \n requirements, rather than under Federal building management \n reporting requirements.\n (c) Assessment and Report.--Not later than 180 days after the date \nof enactment of this Act, the Secretary (in consultation with the \nAdministrator of General Services, the Secretary of Defense, the \nPostmaster General, and the Director of the Office of Management and \nBudget) shall complete an assessment of Federal Government fleets \n(including the United States Postal Service and the Department of \nDefense) and submit to Congress a report that describes--\n (1) for each Federal agency with a fleet of more than 200 \n vehicles, which types of vehicles the agency uses that would or \n would not be suitable for alternative fuel use either through \n the procurement of new alternative fueled vehicles, or the \n conversion to alternative fuel, taking into account the types \n of vehicles for which alternative fuel could provide comparable \n functionality and lifecycle costs;\n (2) the quantity of alternative fueled vehicles that could \n be deployed by the Federal Government in 5 years and in 10 \n years, assuming that the vehicles are available and are \n purchased when new vehicles are needed or existing vehicles are \n replaced; and\n (3) the estimated cost and benefits to the Federal \n Government for vehicle purchases or conversions described in \n this subsection.\n\nSEC. 11. HOV LANE ACCESS EXTENSION.\n\n Section 166(b)(5) of title 23, United States Code, is amended--\n (1) in subparagraph (A), by striking ``Before September 30, \n 2017, the State'' and inserting ``The State''; and\n (2) in subparagraph (B), by striking ``Before September 30, \n 2017, the State'' and inserting ``The State''.","summary":"Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 - Amends the Energy Policy Act of 2005 to expand the list of technology categories that are eligible for loan guarantees by including a category for infrastructure for provision and distribution of alternative fuels. Amends the Energy Independence and Security Act of 2007 to: (1) redefine advanced technology vehicle, for purposes of the advanced technology vehicles manufacturing incentive program, to include certain vehicles that will reduce consumption of conventional motor fuel by 25 or more compared to existing surface transportation technologies that perform a similar function. (2) repeal the limit on the amount of appropriations that may be used for direct loans under such program. And (3) extend funding through FY2018 for such program. Directs the Secretary to: (1) assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports. (2) provide technical assistance for the deployment of alternative fuel and alternative fueled vehicles and infrastructure. And (3) award grants to provide training and education for vocational workforce development for the manufacture and maintenance of alternative fueled vehicles and the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. Amends the Energy Policy Act of 2005 to: (1) redefine quot, idle reduction technologyquot. To include a technology that uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions. And (2) extend appropriations through FY2018 to reduce extended idling from heavy-duty vehicles and locomotives. Requires the Secretary to identify barriers and remedies in electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability at economically competitive costs for consumers. Requires the Secretary to establish an interagency coordination council for the development and procurement of alternative fueled vehicles by federal agencies. Requires electricity and natural gas consumed by federal agencies to fuel alternative fueled vehicles to be considered an alternative fuel and accounted for under federal fleet management reporting requirements, rather than under federal building management reporting requirements. Requires the Secretary to assess federal government fleets. Extends states' authority to allow inherently low-emission and energy-efficient vehicles to use high occupancy vehicle (HOV) lanes.","title":"Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013","text_len":18190,"sum_len":2646} {"bill_id":"105_hr622","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Declaration of Official Language Act \nof 1997''.\n\nSEC. 2. ENGLISH AS OFFICIAL LANGUAGE.\n\n (a) In General.--Title 4, United States Code, is amended by adding \nat the end the following new chapter:\n\n ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT\n\n``Sec.\n``161. Declaration of official language.\n``162. Preferred language of communication\n``163. Preserving and enhancing the role of the official language\n``164. Duties of citizenship.\n``165. Reform of naturalization requirement.\n``166. Exceptions.\n``167. Preemption.\n``168. Construction.\n``169. Enforcement.\n``Sec. 161. Declaration of official language\n ``English is the official language of the Government of the United \nStates.\n``Sec. 162. Preferred language of communication\n ``English is the preferred language of communication among citizens \nof the United States.\n``Sec. 163. Preserving and enhancing the role of the official language\n ``The Government of the United States shall promote and support the \nuse of English for communications among United States citizens. \nCommunications by officers and employees of the Government of the \nUnited States with United States citizens shall be in English.\n``Sec. 164. Duties of citizenship\n ``All United States citizens should be encouraged to read, write, \nand speak English to the extent of their physical and mental abilities.\n``Sec. 165. Reform of naturalization requirements\n ``(a) It has been the long-standing national belief that full \ncitizenship in the United States requires fluency in English. English \nis the language of opportunity for all immigrants to take their \nrightful place in American society.\n ``(b) The Immigration and Naturalization Service shall--\n ``(1) enforce the established English language proficiency \n standard for all applicants for United States citizenship, and\n ``(2) conduct all naturalization ceremonies entirely in \n English.\n``Sec. 166. Exceptions\n ``This chapter does not apply to the use of a language other than \nEnglish for--\n ``(1) religious purposes,\n ``(2) training in foreign languages for international \n communication, or\n ``(3) use of non-English terms of art in government \n documents.\n``Sec. 167. Preemption\n ``This chapter preempts any State or Federal law which is \ninconsistent with this chapter.\n``Sec. 168. Construction\n ``This Act is not intended to affect programs in schools designed \nto encourage students to learn foreign languages.\n``Sec. 169. Enforcement\n ``(a) Cause of Action.--Whoever is injured by a violation of this \nchapter may, in a civil action, obtain appropriate relief.\n ``(b) Attorney's Fees.--In any action under this chapter, the court \nmay allow a prevailing party, other than the United States, a \nreasonable attorney's fee as part of costs.''.\n (b) Clerical Amendment.--The table of chapters for title 4, United \nStates Code, is amended by adding at the end the following new item:\n\n``6. Language of the Government............................. 161''.\n (c) Repeals.--Title VII of the Elementary and Secondary Education \nAct of 1965 (other than sections 7201 through 7309) is repealed.\n\nSEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS.\n\n (a) In General.--\n (1) Bilingual election requirements.-- Section 203 of the \n Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.\n (2) Voting rights.--Section 4 of the Voting Rights Act of \n 1965 (42 U.S.C. 1973b) is amended by striking subsection (f).\n (b) Conforming Amendments.--\n (1) References to section 203.--The Voting Rights Act of \n 1965 (42 U.S.C. 1973 et seq.) is amended--\n (A) in section 204, by striking ``or 203,''; and\n (B) in the first sentence of section 205, by \n striking ``, 202, or 203'' and inserting ``or 202''.\n (2) References to section 4.--The Voting Rights Act of 1965 \n (42 U.S.C. 1973 et seq.) is amended--\n (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, \n and 13, by striking ``, or in contravention of the \n guarantees set forth in section 4(f)(2)'';\n (B) in paragraphs (1)(A) and (3) of section 4(a), \n by striking ``or (in the case of a State or subdivision \n seeking a declaratory judgment under the second \n sentence of this subsection) in contravention of the \n guarantees of subsection (f)(2)''; and\n (C) in paragraphs (1)(B) and (5) of section 4(a), \n by striking ``or (in the case of a State or subdivision \n which sought a declaratory judgment under the second \n sentence of this subsection) that denials or \n abridgments of the right to vote in contravention of \n the guarantees of subsection (f)(2) have occurred \n anywhere in the territory of such State or \n subdivision''.","summary":"Declaration of Official Language Act of 1997 - Declares English to be the official language of the US Government. States that English is the preferred language of communication among US citizens. Requires the US Government to promote and support the use of English for communications among US citizens. Requires communications by officers and employees of the US Government with US citizens to be in English. Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for US citizenship. And (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the US Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act . Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements.","title":"Declaration of Official Language Act of 1997","text_len":5133,"sum_len":1000} {"bill_id":"107_s2552","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pathways to Self-Sufficiency Act of \n2002''.\n\nSEC. 2. AUTHORITY TO ESTABLISH UNDERGRADUATE POST-SECONDARY OR \n VOCATIONAL EDUCATIONAL PROGRAM UNDER TANF.\n\n (a) State Option.--Section 404 of the Social Security Act (42 \nU.S.C. 604) is amended by adding at the end the following new \nsubsection:\n ``(l) Authority To Establish Undergraduate Post-Secondary or \nVocational Educational Program.--\n ``(1) In general.--Subject to paragraph (2), a State to \n which a grant is made under section 403 may use the grant to \n establish a program under which an eligible participant (as \n defined in paragraph (3)) may be provided support services \n described in paragraph (5).\n ``(2) No federal funds for tuition.--A State may not use \n Federal funds provided under a grant made under section 403 to \n pay tuition for an eligible participant.\n ``(3) Definition of eligible participant.--\n ``(A) In general.--In this subsection, the term \n `eligible participant' means an individual who receives \n assistance under the State program funded under this \n part and satisfies the following requirements:\n ``(i) The individual is enrolled in a \n postsecondary 2- or 4-year degree program or in \n a vocational educational training program.\n ``(ii) During the first 24 months that the \n individual participates in the program, the \n individual engages in a combination of \n educational activities in connection with a \n course of study, training, study time, \n employment, or work experience for an average \n of not less than 24 hours per week.\n ``(iii) After the first 24 months of the \n individual's participation in the program, the \n individual--\n ``(I) works not less than an \n average of 15 hours per week (in \n addition to school and study time); or\n ``(II) engages in a combination of \n educational activities in connection \n with a course of study, training, study \n time, employment, or work experience \n for an average of not less than 30 \n hours per week.\n ``(iv) During the period the individual \n participates in the program, the individual \n maintains satisfactory academic progress, as \n defined by the institution operating the \n undergraduate post-secondary or vocational \n educational program in which the individual is \n enrolled.\n ``(B) Determination of hours.--For purposes of \n determining hours per week under clause (ii) or (iii) \n of subparagraph (A), a State may not count study time \n of less than 1 hour for every hour of class time or \n more than 2 hours for every hour of class time.\n ``(4) Required time periods for completion of degree or \n vocational educational training program.--\n ``(A) In general.--Subject to subparagraph (B), an \n individual participating in a program established under \n this subsection shall be required to complete the \n requirements of a degree or vocational educational \n training program within the normal time frame for full \n time students seeking the particular degree or \n completing the vocational educational training program.\n ``(B) Exception.--For good cause, the State may \n allow an individual to complete their degree \nrequirements or vocational educational training program within a period \nnot to exceed 1\\1\/2\\ times the normal time frame established under \nsubparagraph (A) (unless further modification is required by the \nAmericans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or \nsection 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)) and may \nmodify the requirements applicable to an individual participating in \nthe program. For purposes of the preceding sentence, good cause \nincludes the case of an individual with 1 or more significant barriers \nto normal participation, as determined by the State, such as the need \nto care for a family member with special needs.\n ``(5) Support services described.--For purposes of \n paragraph (1), the support services described in this paragraph \n include any or all of the following during the period the \n eligible participant is in the program established under this \n subsection:\n ``(A) Child care.\n ``(B) Transportation services.\n ``(C) Payment for books and supplies.\n ``(D) Other services provided under policies \n determined by the State to ensure coordination and lack \n of duplication with other programs available to provide \n support services.''.\n (b) State Option To Include Participants As Engaged in Work.--\n (1) In general.--Section 407(c)(2) of the Social Security \n Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the \n following:\n ``(E) State option to include participants as \n engaged in work.--\n ``(i) In general.--Subject to clause (ii), \n in the case of a State that elects to establish \n an undergraduate post-secondary or vocational \n education program under section 404(l), the \n State may include, for purposes of determining \n monthly participation rates under paragraphs \n (1)(B)(i) and (2)(B) of subsection (b), all \n families that include an individual \n participating in the program during the month \n as being engaged in work for the month, so long \n as each such individual is in compliance with \n the requirements of that program.\n ``(ii) Limitation.--With respect to a \n month, the number of families counted as being \n engaged in work under clause (i) may not exceed \n the amount equal to 10 percent of the number of \n families receiving assistance under the State \n program funded under this part for the \n month.''.\n (2) Conforming amendments.--\n (A) Section 407(c)(2)(D) of the Social Security Act \n (42 U.S.C. 607(c)(2)(D)) is amended--\n (i) in the heading, by inserting \n ``certain'' after ``participation in''; and\n (ii) by inserting ``(determined without \n regard to individuals participating in a \n program referred to in subparagraph (E)(i))'' \n after ``training''.\n (B) Section 407(d)(8) of the Social Security Act \n (42 U.S.C. 607(d)(8)) is amended by inserting ``other \n than an individual participating in a program that \n meets the requirements of section 404(l)'' after \n ``individual''.\n (c) State Option To Credit Months of Participation For Purposes of \n5-Year Assistance Limit.--Section 408(a)(7) of the Social Security Act \n(42 U.S.C. 608(a)(7)) is amended by adding at the end the following:\n ``(H) Credit for months participating in a pathways \n to self-sufficiency program.--In determining the number \n of months for which an adult has received assistance \n under a State program funded under this part, the State \n may disregard any month during which the adult is a \n participant in a program that meets the requirements of \n section 404(l).''.\n (d) Effective Date.--The amendments made by this section take \neffect on October 1, 2002.","summary":"Pathways to Self-Sufficiency Act of 2002 - Amends part A (TANF) of title IV of the Social Security Act to give States that receive a TANF grant the option to: (1) use the grant to establish a program, including an undergraduate post-secondary or vocational education program, under which an eligible participant may be provided certain support services although the State may not use Federal TANF grant funds to pay the participant's tuition. And (2) credit months of program participation for disregard in calculation of the five year TANF assistance limitation.","title":"A bill to amend part A of title IV of the Social Security Act to give States the option to create a program that allows individuals receiving temporary assistance to needy families to obtain post-secondary or longer duration vocational education.","text_len":8901,"sum_len":563} {"bill_id":"108_hr4709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Sexual Assault Crimes \nRevision Act of 2004''.\n\nSEC. 2. MILITARY SEXUAL ABUSE.\n\n (a) Sexual Abuse.--Section 920 of title 10, United States Code \n(article 120 of the Uniform Code of Military Justice), is amended to \nread as follows:\n``Sec. 920. Art. 120. Sexual abuse\n ``(a) Any person subject to this chapter who knowingly--\n ``(1) causes another person to engage in a sexual act by \n using force against that other person;\n ``(2) causes another person to engage in a sexual act by \n threatening or placing that other person in fear that any \n person will be subjected to death, grievous bodily harm, or \n kidnapping;\n ``(3) renders another person unconscious and thereby \n engages in a sexual act with that other person; or\n ``(4) administers to another person by force or threat of \n force, or without the knowledge or permission of that other \n person, a drug, intoxicant, or other similar substance and \n thereby--\n ``(A) substantially impairs the ability of that \n other person to appraise or control conduct; and\n ``(B) engages in a sexual act with that other \n person;\nis guilty of aggravated sexual abuse and shall be punished as a court-\nmartial may direct.\n ``(b) Any person subject to this chapter who knowingly engages in a \nsexual act with another person who has not attained the age of twelve \nyears is guilty of aggravated sexual abuse of a child and shall be \npunished as a court-martial may direct. In a prosecution under this \nsubsection, it need not be proven that the accused knew that the other \nperson engaging in the sexual act had not attained the age of twelve \nyears.\n ``(c) Any person subject to this chapter who knowingly--\n ``(1) causes another person to engage in a sexual act by \n threatening or placing that other person in fear (other than by \n threatening or placing that other person in fear that any \n person will be subjected to death, grievous bodily harm, or \n kidnapping); or\n ``(2) engages in a sexual act with another person if that \n other person is--\n ``(A) incapable of appraising the nature of the \n conduct; or\n ``(B) physically incapable of declining \n participation in, or communicating unwillingness to \n engage in, that sexual act;\nis guilty of sexual abuse and shall be punished as a court-martial may \ndirect.\n ``(d)(1) Any person subject to this chapter who knowingly engages \nin a sexual act with another person who--\n ``(A) has attained the age of twelve years but has not \n attained the age of sixteen years; and\n ``(B) is not that person's spouse;\nis guilty of sexual abuse of a minor and shall be punished as a court-\nmartial may direct.\n ``(2) In a prosecution under this subsection, it need not be proven \nthat the accused knew the age of the other person engaging in the \nsexual act.\n ``(3) In a prosecution under this subsection, it is an affirmative \ndefense that the accused reasonably believed that the other person had \nattained the age of sixteen years. The accused has the burden of \nproving a defense under this paragraph by a preponderance of the \nevidence.\n ``(e) Any person subject to this chapter who knowingly engages in a \nsexual act with another person who is--\n ``(1) in official detention or confinement;\n ``(2) under the custodial, supervisory, or disciplinary \n authority of the person so engaging; and\n ``(3) is not that person's spouse;\nis guilty of sexual abuse of a prisoner and shall be punished as a \ncourt-martial may direct.\n ``(f) In this section, the term `sexual act' means--\n ``(1) contact between the penis and the vulva or the penis \n and the anus, and for purposes of this subparagraph contact \n involving the penis occurs upon penetration, however slight;\n ``(2) contact between the mouth and the penis, the mouth \n and the vulva, or the mouth and the anus;\n ``(3) the penetration, however slight, of the anal or \n genital opening of another by a hand or finger or by any \n object, with an intent to abuse, humiliate, harass, degrade, or \n arouse or gratify the sexual desire of any person; or\n ``(4) the intentional touching, not through the clothing, \n of the genitalia of another person who has not attained the age \n of sixteen years with an intent to abuse, humiliate, harass, \n degrade, or arouse or gratify the sexual desire of any \n person.''.\n (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of \ntitle 10, United States Code (article 118 of the Uniform Code of \nMilitary Justice), is amended by striking ``rape,'' and inserting \n``aggravated sexual abuse, aggravated sexual abuse of a child,''.\n (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United \nStates Code (article 43 of the Uniform Code of Military Justice), is \namended by striking ``Rape or carnal knowledge'' and inserting \n``Aggravated sexual abuse of a child or sexual abuse of a minor''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 47 of title 10, United States Code, is amended by striking the \nitem relating to section 920 and inserting the following new item:\n\n``920. Art. 120. Sexual abuse.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect 6 months after the date of the enactment of this Act and apply \nwith respect to offenses committed after such effective date.\n (e) Interim Maximum Punishments.--Until the President otherwise \nprovides pursuant to section 856 of title 10, United States Code \n(article 56 of the Uniform Code of Military Justice), the punishment \nwhich a court-martial may direct for an offense under section 920 of \nsuch title (article 120 of the Uniform Code of Military Justice), as \namended by this section, may not exceed the following limits:\n (1) For aggravated sexual abuse or aggravated sexual abuse \n of a child, such punishment may not exceed dishonorable \n discharge, forfeiture of all pay and allowances, and \n confinement for life without eligibility for parole.\n (2) For sexual abuse or sexual abuse of a minor, such \n punishment may not exceed dishonorable discharge, forfeiture of \n all pay and allowances, and confinement for twenty years.\n (3) For sexual abuse of a prisoner, such punishment may not \n exceed bad-conduct discharge, forfeiture of all pay and \n allowances, and confinement for one year.\n (f) No Preemption.--The prosecution or punishment of an accused for \nan offense under section 920 of title 10, United States Code (article \n120 of the Uniform Code of Military Justice), as amended by this \nsection, does not preclude the prosecution or punishment of that \naccused for any other offense.","summary":"Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force. (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping, (3) by rendering another person unconscious. (4) by administering to another person an impairing drug or intoxicant. Or (5) with a person under 12 years of age whether or not the accused knew the person's age. Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear. (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining. Or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16. Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement. (2) under the custodial, supervisory, or disciplinary authority of the accused. And (3) is not the accused's spouse. Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.","title":"To amend the Uniform Code of Military Justice to bring sexual assault crimes under military law into parallel with sexual assault crimes under Federal law, and for other purposes.","text_len":7192,"sum_len":1373} {"bill_id":"112_s1882","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair And Immediate Release of \nGeneric Drugs Act'' or the ``FAIR Generics Act''.\n\nSEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT \n STATUS.\n\n (a) Amendments to Federal Food, Drug, and Cosmetic Act.--\n (1) In general.--Section 505(j)(5)(B) of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended--\n (A) in clause (iv)(II)--\n (i) by striking item (bb); and\n (ii) by redesignating items (cc) and (dd) \n as items (bb) and (cc), respectively; and\n (B) by adding at the end the following:\n ``(v) First Applicant Defined.--As used in this subsection, the \nterm `first applicant' means an applicant--\n ``(I)(aa) that, on the first day on which a substantially \n complete application containing a certification described in \n paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, \n submits a substantially complete application that contains and \n lawfully maintains a certification described in paragraph \n (2)(A)(vii)(IV) for the drug; and\n ``(bb) that has not entered into a disqualifying agreement \n described under clause (vii)(II); or\n ``(II)(aa) for the drug that is not described in subclause \n (I) and that, with respect to the applicant and drug, each \n requirement described in clause (vi) is satisfied; and\n ``(bb) that has not entered into a disqualifying agreement \n described under clause (vii)(II).\n ``(vi) Requirement.--The requirements described in this clause are \nthe following:\n ``(I) The applicant described in clause (v)(II) submitted \n and lawfully maintains a certification described in paragraph \n (2)(A)(vii)(IV) or a statement described in paragraph \n (2)(A)(viii) for each unexpired patent for which a first \n applicant described in clause (v)(I) had submitted a \n certification described in paragraph (2)(A)(vii)(IV) on the \n first day on which a substantially complete application \n containing such a certification was submitted.\n ``(II) With regard to each such unexpired patent for which \n the applicant described in clause (v)(II) submitted a \n certification described in paragraph (2)(A)(vii)(IV), no action \n for patent infringement was brought against such applicant \n within the 45 day period specified in paragraph (5)(B)(iii); or \n if an action was brought within such time period, such an \n action was withdrawn or dismissed by a court (including a \n district court) without a decision that the patent was valid \n and infringed; or if an action was brought within such time \n period and was not withdrawn or so dismissed, such applicant \n has obtained the decision of a court (including a district \n court) that the patent is invalid or not infringed (including \n any substantive determination that there is no cause of action \n for patent infringement or invalidity, and including a \n settlement order or consent decree signed and entered by the \n court stating that the patent is invalid or not infringed).\n ``(III) If an applicant described in clause (v)(I) has \n begun commercial marketing of such drug, the applicant \n described in clause (v)(II) does not begin commercial marketing \n of such drug until the date that is 30 days after the date on \n which the applicant described in clause (v)(I) began such \n commercial marketing.''.\n (2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of \n such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking \n ``The first applicant'' and inserting ``The first applicant, as \n defined in subparagraph (B)(v)(I),''.\n (b) Applicability.--The amendments made by subsection (a) shall \napply only with respect to an application filed under section 505(j) of \nthe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which \nthe amendments made by section 1102(a) of the Medicare Prescription \nDrug, Improvement, and Modernization Act of 2003 (Public Law 108-173) \napply.\n\nSEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO \n DEFER COMMERCIAL MARKETING.\n\n (a) Amendments to Federal Food, Drug, and Cosmetic Act.--\n (1) Limitations on agreements to defer commercial marketing \n date.--Section 505(j)(5)(B) of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, \n is further amended by adding at the end the following:\n ``(vii) Agreement by first applicant to defer commercial \n marketing; limitation on acceleration of deferred commercial \n marketing date.--\n ``(I) Agreement to defer approval or commercial \n marketing date.--An agreement described in this \n subclause is an agreement between a first applicant and \n the holder of the application for the listed drug or an \n owner of one or more of the patents as to which any \n applicant submitted a certification qualifying such \n applicant for the 180-day exclusivity period whereby \n that applicant agrees, directly or indirectly, (aa) not \n to seek an approval of its application that is made \n effective on the earliest possible date under this \n subparagraph, subparagraph (F) of this paragraph, \n section 505A, or section 527, (bb) not to begin the \n commercial marketing of its drug on the earliest \n possible date after receiving an approval of its \n application that is made effective under this \n subparagraph, subparagraph (F) of this paragraph, \n section 505A, or section 527, or (cc) to both items \n (aa) and (bb).\n ``(II) Agreement that disqualifies applicant from \n first applicant status.--An agreement described in this \n subclause is an agreement between an applicant and the \n holder of the application for the listed drug or an \n owner of one or more of the patents as to which any \n applicant submitted a certification qualifying such \n applicant for the 180-day exclusivity period whereby \n that applicant agrees, directly or indirectly, not to \n seek an approval of its application or not to begin the \n commercial marketing of its drug until a date that is \n after the expiration of the 180-day exclusivity period \n awarded to another applicant with respect to such drug \n (without regard to whether such 180-day exclusivity \n period is awarded before or after the date of the \n agreement).\n ``(viii) Limitation on acceleration.--If an agreement \n described in clause (vii)(I) includes more than 1 possible date \n when an applicant may seek an approval of its application or \n begin the commercial marketing of its drug--\n ``(I) the applicant may seek an approval of its \n application or begin such commercial marketing on the \n date that is the earlier of--\n ``(aa) the latest date set forth in the \n agreement on which that applicant can receive \n an approval that is made effective under this \n subparagraph, subparagraph (F) of this \n paragraph, section 505A, or section 527, or \n begin the commercial marketing of such drug, \n without regard to any other provision of such \n agreement pursuant to which the commercial \n marketing could begin on an earlier date; or\n ``(bb) 180 days after another first \n applicant begins commercial marketing of such \n drug; and\n ``(II) the latest date set forth in the agreement \n on which that applicant can receive an approval that is \n made effective under this subparagraph, subparagraph \n (F) of this paragraph, section 505A, or section 527, or \n begin the commercial marketing of such drug, without \n regard to any other provision of such agreement \n pursuant to which commercial marketing could begin on \n an earlier date, shall be the date used to determine \n whether an applicant is disqualified from first \n applicant status pursuant to clause (vii)(II).''.\n (2) Notification of fda.--Section 505(j) of such Act (21 \n U.S.C. 355(j)) is amended by adding at the end the following:\n ``(11)(A) The holder of an abbreviated application under this \nsubsection shall submit to the Secretary a notification that includes--\n ``(i)(I) the text of any agreement entered into by such \n holder described under paragraph (5)(B)(vii)(I); or\n ``(II) if such an agreement has not been reduced to text, a \n written detailed description of such agreement that is \n sufficient to disclose all the terms and conditions of the \n agreement; and\n ``(ii) the text, or a written detailed description in the \n event of an agreement that has not been reduced to text, of any \n other agreements that are contingent upon, provide a contingent \n condition for, or are otherwise related to an agreement \n described in clause (i).\n ``(B) The notification described under subparagraph (A) shall be \nsubmitted not later than 10 business days after execution of the \nagreement described in subparagraph (A)(i). Such notification is in \naddition to any notification required under section 1112 of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003.\n ``(C) Any information or documentary material filed with the \nSecretary pursuant to this paragraph shall be exempt from disclosure \nunder section 552 of title 5, United States Code, and no such \ninformation or documentary material may be made public, except as may \nbe relevant to any administrative or judicial action or proceeding. \nNothing in this paragraph is intended to prevent disclosure to either \nbody of the Congress or to any duly authorized committee or \nsubcommittee of the Congress.''.\n (3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C. \n 331(e)) is amended by striking ``505 (i) or (k)'' and inserting \n ``505 (i), (j)(11), or (k)''.\n (b) Infringement of Patent.--Section 271(e) of title 35, United \nStates Code, is amended by adding at the end the following:\n ``(7) The exclusive remedy under this section for an infringement \nof a patent for which the Secretary of Health and Human Services has \npublished information pursuant to subsection (b)(1) or (c)(2) of \nsection 505 of the Federal Food, Drug, and Cosmetic Act shall be an \naction brought under this subsection within the 45-day period described \nin subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal \nFood, Drug, and Cosmetic Act.''.\n (c) Applicability.--\n (1) Limitations on acceleration of deferred commercial \n marketing date.--The amendment made by subsection (a)(1) shall \n apply only with respect to--\n (A) an application filed under section 505(j) of \n the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 355(j)) to which the amendments made by section 1102(a) \n of the Medicare Prescription Drug, Improvement, and \n Modernization Act of 2003 (Public Law 108-173) apply; \n and\n (B) an agreement described under section \n 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and \n Cosmetic Act (as added by subsection (a)(1)) executed \n after the date of enactment of this Act.\n (2) Notification of fda.--The amendments made by paragraphs \n (2) and (3) of subsection (a) shall apply only with respect to \n an agreement described under section 505(j)(5)(B)(vii)(I) of \n the Federal Food, Drug, and Cosmetic Act (as added by \n subsection (a)(1)) executed after the date of enactment of this \n Act.","summary":"Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise the definition of \u201cfirst applicant\u201d for purposes of the 180-day exclusivity period given to first applicants to file an abbreviated new drug application . Makes applicants for a generic drug eligible for the exclusivity period only if they have not entered into a disqualifying agreement . Expands the definition of \u201cfirst applicant\u201d to include an applicant that meets the following criteria: (1) the applicant is not the first generic applicant. (2) either no action for patent infringement was brought, such action was withdrawn or dismissed by a court without a decision that the patent was valid and infringed, or the court decided that the patent was invalid or not infringed. And (3) the applicant does not begin commercial marketing of such drug until 30 days after the first applicant began such commercial marketing. Prohibits a party that enters an agreement to delay seeking approval of its generic drug application or to delay the commercial marketing of a generic drug from seeking approval of its application or beginning commercial marketing before the earlier of: (1) the latest date set forth in the agreement to seek approval or market the drug without regard to any earlier date under the agreement when commercial marketing could begin, or (2) 180 days after another first applicant begins commercial marketing of such drug. Requires notice to the Secretary of the Health and Human Services (HHS) of the details of any agreement under this Act not later than ten business days after execution of the agreement. Declares that the exclusive remedy for an infringement of a patent included within a new drug application shall be an action brought under the FFDCA within the 45-day period prescribed.","title":"A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure that valid generic drugs may enter the market.","text_len":12923,"sum_len":1857} {"bill_id":"111_s3810","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gulf Security and Iran Sanctions \nEnforcement Act''.\n\nSEC. 2. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING.\n\n (a) Certification Requirement.--The Secretary of the Interior \nshall--\n (1) include in each lease issued after the date of \n enactment of this Act that authorizes drilling for oil and gas \n on the Outer Continental Shelf a provision that requires that--\n (A) the person that is the lessee to certify \n annually to the Secretary that the person does not \n engage in any activity for which sanctions may be \n imposed under section 5 of the Iran Sanctions Act of \n 1996 (50 U.S.C. 1701 note); and\n (B) authorizes the Secretary to cancel the lease if \n the person fails to make such a certification or makes \n such a certification that is false; and\n (2) upon determination by the Secretary, in consultation \n with the Secretary of State and the Secretary of the Treasury, \n that the person has failed to make a certification required \n under such provision or made such a certification that is \n false, shall cancel the lease.\n (b) Disclosure Requirement.--The Secretary of the Interior shall--\n (1) include in each lease issued after the date of \n enactment of this Act that authorizes drilling for oil and gas \n on the Outer Continental Shelf a provision that--\n (A) requires the person that is the lessee to \n disclose to the Secretary any participation by the \n person in any energy-related joint venture, investment, \n or partnership located outside Iran that involves--\n (i) any person whose property and interests \n in property are blocked pursuant to Executive \n Order 13224 (66 Fed. Reg. 49079; relating to \n blocking property and prohibiting transacting \n with persons who commit, threaten to commit, or \n support terrorism);\n (ii) any person whose property and \n interests in property are blocked pursuant to \n Executive Order 13382 (70 Fed. Reg. 38567; \n relating to blocking of property of weapons of \n mass destruction proliferators and their \n supporters); or\n (iii) any entity listed on appendix A to \n part 560 of title 31, Code of Federal \n Regulations (relating to the Iranian \n Transactions Regulations); and\n (B) authorizes the Secretary to cancel the lease if \n the person fails to make such a disclosure or makes \n such a disclosure that is false; and\n (2) upon determination by the Secretary, in consultation \n with the Secretary of State and the Secretary of the Treasury, \n that the person has failed to make a disclosure required under \n such provision or made such a disclosure that is false, shall \n cancel the lease.\n (c) Waiver.--\n (1) In general.--The Secretary of the Interior may waive \n the requirement of subsection (a) or (b) (or both) on a case-\n by-case basis if the Secretary determines and certifies in \n writing to the appropriate congressional committees that it is \n in the national interest of the United States to do so.\n (2) Reporting requirement.--Not later than 120 days after \n the date of the enactment of this Act and semi-annually \n thereafter, the Secretary of the Interior shall submit to the \n appropriate congressional committees a report on waivers \n granted under paragraph (1).\n (d) Reporting Requirement.--The Secretary of the Interior shall \npromptly report to the appropriate congressional committees any \ncancellation of a lease under this section, including an explanation of \nthe reasons for the cancellation.\n (e) Definitions.--In this section--\n (1) the term ``appropriate congressional committees'' \n means--\n (A) the Committee on Natural Resources and the \n Committee on Foreign Affairs of the House of \n Representatives; and\n (B) the Committee on Energy and Natural Resources \n and the Committee on Foreign Relations of the Senate; \n and\n (2) the term ``person'' has the meaning given such term in \n section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. \n 1701 note).\n\nSEC. 3. SUNSET.\n\n This Act shall terminate 30 days after the date on which the \nPresident certifies to Congress that the Government of Iran--\n (1) has permanently ceased--\n (A) providing support for acts of international \n terrorism and no longer satisfies the requirements for \n designation as a state sponsor of terrorism for \n purposes of section 6(j) of the Export Administration \n Act of 1979, section 620A of the Foreign Assistance Act \n of 1961, section 40 of the Arms Export Control Act, or \n any other provision of law; and\n (B) the pursuit, acquisition, and development of \n nuclear, biological, and chemical weapons and missiles; \n and\n (2) poses no significant threat to United States national \n security, interests, or allies.","summary":"Gulf Security and Iran Sanctions Enforcement Act - Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996. And (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 or 13382. Or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements.","title":"A bill to restrict participation in offshore oil and gas leasing by a person who engages in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996, to require the lessee under an offshore oil and gas lease to disclose any participation by the lessee in certain energy-related joint ventures, investments, or partnerships located outside Iran, and for other purposes.","text_len":5841,"sum_len":1083} {"bill_id":"111_hr916","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventive Medicine and Public \nHealth Training Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The American Board of Preventive medicine defines \n preventive medicine as ``that specialty of medical practice \n which focuses on the health of individuals and defined \n populations in order to protect, promote and maintain health \n and well-being and prevent disease, disability and premature \n death''.\n (2) Specialists in preventive medicines are uniquely \n trained in both clinical medicine and public health. They have \n the skills needed to understand and reduce the risks of \n disease, disability and death in individuals and in population \n groups.\n (3) Preventive medicine includes both clinical and non-\n clinical aspects. Clinicians see patients on a daily basis and \n provide services in screening, health counseling, and \n immunization to diabetics, cardiac patients, and others who can \n benefit from prevention and lifestyle modification. Non-\n clinical preventive medicine includes health policy, social and \n behavioral aspects of health and disease, epidemiology, or \n other areas in which populations, not individual patients, are \n the primary focus. Many preventive medicine physicians practice \n both clinical and non-clinical medicine.\n (4) Of the 24 medical specialities recognized by the \n American Board of Medical Specialties, preventive medicine is \n the only specialty that requires training in both clinical \n medicine and public health.\n (5) While preventive medicine doctors are employed in all \n health sectors, they often serve in lead roles within the \n public health force, working in State and local health \n departments, as well as Federal Government agencies, such as \n the Centers for Disease Control and Prevention and the National \n Institutes of Health.\n (6) In the workplace, preventive medicine doctors in \n occupational medicine parallel the general public health system \n in dealing with illnesses and injuries in workplace populations \n through worker protection, personal health promotion, hazard \n control, business continuity and effective medical management.\n (7) There is an extreme shortage of doctors in the public \n health field. For example, only 23 percent of local health \n agencies are directed by physicians and 8 percent are directed \n by physicians who have masters of public health degrees or are \n fellows in the American College of Preventive Medicine.\n (8) Many of these physicians are nearing retirement, and \n the average age of public health doctors today is 58 years.\n (9) The Health Resources and Services Administration \n reports that the demand for public health professionals will \n grow at twice the rate of all occupations between 2000 and \n 2010.\n (10) In addition, as the body of evidence supporting the \n effectiveness of clinical and population-based interventions to \n prevent and control diseases continues to expand, so does the \n need for specialists trained in preventive medicine.\n (11) The Health Resources and Services Administration \n reported that in 2000, there were 7,011 preventive medicine \n specialists. This was a decrease from 7,734 in 1970.\n (12) The number of preventive medicine residency programs \n has decreased from 90 in 1998-1999 to 76 programs today. Over \n this same period, the number of preventive medicine residents \n declined from 420 to 364.\n (13) In 2000, less than 3 percent of all medical school \n faculty also held masters degrees in public health. An even \n smaller number had completed preventive medicine training or \n were board certified in preventive medicine.\n (14) Preventive medicine trained physicians are an \n essential part of the public health workforce and are critical \n to the Nation's ability to protect its citizens from biological \n threats, including avian influenza and emerging threats from \n bioterrorism.\n\nSEC. 3. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM.\n\n Part D of title III of the Public Health Service Act (42 U.S.C. \n254b et seq.) is amended by adding at the end the following:\n\n ``Subpart XI--Preventive Medicine Training\n\n``SEC. 340H. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT \n PROGRAM.\n\n ``(a) Grants.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention, may award grants to, or \nenter into contracts with, eligible entities to provide training to \ngraduate medical residents in preventive medicine specialties.\n ``(b) Eligibility.--To be eligible to receive a grant or contract \nunder subsection (a), an entity shall--\n ``(1) be a school of public health, public health \n department, school of medicine or osteopathic medicine, public \n or private hospital, or public or private nonprofit entity;\n ``(2) submit to the Secretary an application at such time, \n in such manner, and containing such information as the \n Secretary may require; and\n ``(3) maintain and adhere to a letter of agreement with a \n local community health center (if available in the local area \n involved) that supports practicum training of preventive \n medicine residents, if practicable.\n ``(c) Use of Funds.--Amounts received under a grant or contract \nunder this section shall be used to--\n ``(1) plan, develop, and operate residency programs for \n preventive medicine or public health;\n ``(2) provide financial assistance, including tuition and \n stipends, to resident physicians (MD or DO) who plan to \n specialize in preventive medicine or public health;\n ``(3) defray the costs associated with the planning, \n development, and operation of preventive medicine or public \n health programs, including the development of curriculum to be \n used in such programs, and the costs of practicum experiences; \n and\n ``(4) provide for the improvement of academic \n administrative units.\n ``(d) Duration of Award.--A grant or contract under this section \nshall be for a term of not to exceed 5 years.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section, $43,000,000 for fiscal year \n2010, and such sums as may be necessary for each succeeding fiscal \nyear.''.","summary":"Preventive Medicine and Public Health Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to or enter into contracts with certain eligible entities to provide training to graduate medical residents in preventive medicine specialties. Requires grant funds to be used for: (1) residency programs for preventive medicine or public health. (2) financial assistance to resident physicians who plan to specialize in preventive medicine or public health. (3) preventive medicine or public health program costs, including curriculum development and practicum costs, and (4) the improvement of academic administrative units.","title":"To amend the Public Health Service Act to provide grants for the training of graduate medical residents in preventive medicine and public health.","text_len":6947,"sum_len":773} {"bill_id":"112_hr6286","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clear Creek National Recreation Area \nand Conservation Act of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Management plan.--The term ``management plan'' means \n the Plan for the Recreation Area prepared under section 4(c).\n (2) Recreation area.--The term ``Recreation Area'' means \n the Clear Creek National Recreation Area.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) State.--The term ``State'' means the State of \n California.\n\nSEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.\n\n (a) In General.--To promote environmentally responsible high-\nquality motorized and non-motorized trail based recreation, including \noff-highway vehicle use, scenic touring, access for hunting and gem \ncollecting, while protecting ecological, geological, scenic, cultural, \nand historic resources, fish and wildlife values, and other resources \nof the landscape, there is established the Clear Creek National \nRecreation Area in the State, to be managed by the Secretary.\n (b) Boundaries.--The Recreation Area shall consist of approximately \n75,000 acres of Federal land in San Benito County and Fresno County, \nCalifornia, as generally depicted on the map entitled ``Clear Creek \nNational Recreation Area'' and dated July 30, 2012.\n (c) Map.--\n (1) In general.--As soon as practicable, after the date of \n the enactment of this Act, the Secretary shall submit a map and \n legal description of the Recreation Area to--\n (A) the Committee on Natural Resources of the House \n of Representatives; and\n (B) the Committee on Energy and Natural Resources \n of the Senate.\n (2) Availability.--Copies of the map submitted under \n paragraph (1) shall be on file and available for public \n inspection in--\n (A) the Office of the Director of the Bureau of \n Land Management; and\n (B) the appropriate office of the Bureau of Land \n Management in California.\n\nSEC. 4. MANAGEMENT.\n\n (a) In General.--The Secretary shall manage the Recreation Area to \nfurther the purposes described in section 3(a), in accordance with--\n (1) this Act;\n (2) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (3) any other applicable law.\n (b) Uses.--The Secretary shall--\n (1) allow hiking, camping, hunting, gem collecting, and \n sightseeing and the use of motorized vehicles, mountain bikes, \n and horses on designated roads, trails, and areas;\n (2) issue special recreation permits for motorized and non-\n motorized events; and\n (3) reopen the Clear Creek Management Area to the uses \n described in this subsection as soon as practicable following \n the enactment of this Act and in accordance with the management \n guidelines outlined in this Act and other applicable law.\n (c) Interim Management Plan.--The Secretary shall use the 2005 \nClear Creek Management Area Travel Management Plan as modified by this \nAct, or by the Secretary to incorporate natural resource protection \ninformation not available in 2005, as the basis of an interim \nmanagement plan to govern motorized recreation within the Recreation \nArea pending the completion of the long-term management plan required \nin subsection (d).\n (d) Permanent Management Plan.--Not later than 2 years after the \ndate of the enactment of this Act, the Secretary shall create a \ncomprehensive management plan for the Clear Creek Recreation Area \nthat--\n (1) shall describe the appropriate uses and management of \n the Recreation Area in accordance with this Act;\n (2) shall be prepared in consultation with--\n (A) appropriate Federal, State, and local agencies \n (including San Benito, Monterey, and Fresno Counties);\n (B) adjacent land owners; and\n (C) other stakeholders (including conservation and \n recreational organizations);\n (3) shall include a hazards education program to inform \n people entering the Recreation Area of the asbestos related \n risks associated with various activities within the Recreation \n Area, including, but not limited to, off-highway vehicle \n recreation;\n (4) shall include a user fee program for motorized vehicle \n use within the Recreational Area and guidelines for the use of \n the funds collected for the management and improvement of the \n Recreation Area;\n (5) may incorporate any appropriate decisions, as \n determined by the Secretary, in accordance with this Act, that \n are contained in any management or activity plan for the area \n completed before the date of the enactment of this Act;\n (6) may incorporate appropriate wildlife habitat management \n plans or other plans prepared for the land within or adjacent \n to the Recreation Area before the date of the enactment of this \n Act, in accordance with this Act;\n (7) may use information developed under any studies of land \n within or adjacent to the Recreation Area carried out before \n the date of enactment of this Act; and\n (8) may include cooperative agreements with State or local \n government agencies to manage all or a portion of the \n recreational activities within the Recreation Area in \n accordance with an approved management plan and the \n requirements of this Act.\n (e) Acquisition of Property.--\n (1) In general.--The Secretary may acquire land adjacent to \n the National Recreation Area by purchase from willing sellers, \n donation, or exchange.\n (2) Management.--Any land acquired under paragraph (1) \n shall be managed in accordance with--\n (A) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.);\n (B) this Act; and\n (C) any other applicable law (including \n regulations).\n (3) Improved access.--The Secretary may acquire by purchase \n from willing sellers, donation, exchange, or easement, land, or \n interest in land to improve public safety in providing access \n to the Recreation Area.\n (f) Private Property.--\n (1) Access to private property.--\n (A) In general.--The Secretary shall provide \n landowners adequate access to inholdings within the \n Recreation Area.\n (B) Inholdings.--For access purposes, private land \n adjacent to the Recreation Area to which there is no \n other practicable access except through the Recreation \n Area shall be managed as an inholding.\n (2) Use of private property.--Nothing in this Act affects \n the ownership, management, or other rights relating to any non-\n Federal land (including any interest in any non-Federal land).\n (3) Buffer zones.--Nothing in this Act creates a protective \n perimeter or buffer zone around the Recreation Area.\n (4) Valid rights.--Nothing in this Act affects any \n easements, rights-of-way, and other valid rights in existence \n on the date of the enactment of this Act.\n (g) Water Right Exclusion.--Nothing in this Act--\n (1) shall constitute or be construed to constitute either \n an express or implied reservation by the United States of any \n water or water rights with respect to the Recreation Area; or\n (2) shall affect any water rights existing on the date of \n the enactment of this Act.\n (h) Hunting and Fishing.--Nothing in this Act--\n (1) limits hunting or fishing; or\n (2) affects the authority, jurisdiction, or responsibility \n of the State to manage, control, or regulate fish and resident \n wildlife under State law (including regulations), including the \n regulation of hunting or fishing on public land managed by the \n Bureau of Land Management.\n (i) Motorized Vehicles.--Except in cases in which motorized \nvehicles are needed for administrative purposes or to respond to an \nemergency, the use of motorized vehicles on public land in the \nRecreation Area shall be permitted only on roads, trails, and areas \ndesignated by the management plan for the use by motorized vehicles.\n (j) Grazing.--In the Recreation Area, the grazing of livestock in \nareas in which grazing is allowed as of the date of the enactment of \nthis Act shall be allowed to continue, consistent with--\n (1) this Act;\n (2) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (3) any regulations promulgated by the Secretary, acting \n through the Director of the Bureau of Land Management.\n (k) Withdrawal.--Subject to valid existing rights, all Federal land \nwithin the Recreation Area is withdrawn from--\n (1) all forms of entry, appropriation, and disposal under \n the public land laws;\n (2) location, entry, and patenting under the mining laws; \n and\n (3) operation of the mineral leasing, mineral materials, \n and geothermal leasing laws.\n (l) Fees.--Amounts received by the Secretary under the fee \nstructure required by subsection (c)(3)(G) shall be--\n (1) deposited in a special account in the Treasury of the \n United States; and\n (2) made available until expended, without further \n appropriation, to the Secretary for use in the Recreation Area.\n (m) Risk Standard.--The National Oil and Hazardous Substances \nPollution Contingency Plan (40 C.F.R. 300), published pursuant to \nsection 105 of the Comprehensive Environmental Response, Compensation, \nand Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the \nSecretary's management of asbestos exposure risks faced by the public \nwhen recreating within the Clear Creek Recreation Area described in \nsection 3(b).\n\nSEC. 5. JOAQUIN ROCKS WILDERNESS.\n\n In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the \napproximately 21,000 acres of Federal lands located in Fresno County \nand San Benito County, California, and generally depicted on a map \nentitled ``Proposed Joaquin Rocks Wilderness'' and dated March 11, \n2012, is designated as wilderness areas and as components of the \nNational Wilderness Preservation System and shall be known as the \n``Joaquin Rocks Wilderness''.\n\nSEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS.\n\n Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following paragraphs:\n ``(208) Larious canyon.--The approximately 5.25 miles of \n Larious Canyon Creek from its source near Idria Peak in Section \n 6, R12E, T18S, to the boundary of the Clear Creek Special \n Recreation Management Area in Section 23, R11E, T17S.\n ``(209) San carlos creek.--The approximately 5.51 miles of \n the East Fork San Carlos Creek from its source near San Benito \n Mountain in Section 10, R12E, T18S, to the boundary of the \n Clear Creek Special Recreation Management Area in Section 22, \n R12E, T17S.\n ``(210) Cantua creek.--The approximately 7.68 miles of \n Cantua Creek from its source north of Santa Rita Peak in \n Section 24, R12E, T18S, to the public land boundary in Section \n 3, R13E, T18S.\n ``(211) Picacho creek.--The approximately 2.65 miles of \n Picacho Creek, from its source spring in Section 20, R12E, \n T18S, to its confluence with the San Benito River.\n ``(212) White creek and tributaries.--\n ``(A) The approximately 5.37 miles of White Creek, \n from its source in Section 36, R12E, T18S, to the \n boundary of the Clear Creek Special Recreation \n Management Area in Section 17, R13E, T19S.\n ``(B) The approximately 2.29 miles of the unnamed \n tributary of White Creek from its source just south of \n Spanish Lake in Section 29, R13E, T18S, to its \n confluence with White Creek.\n ``(C) The approximately 2.45 miles of the unnamed \n tributary of White Creek from its source in Section 33, \n R13E, T18S, to its confluence with White Creek.''.","summary":"Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources. Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area. Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act. Requires landowners to be provided with adequate access to inholdings within the Recreation Area. Permits livestock grazing to be allowed to continue in areas in which it is allowed. Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System. Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System.","title":"To establish the Clear Creek National Recreation Area in the State of California, and for other purposes.","text_len":12949,"sum_len":1413} {"bill_id":"111_s981","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Inflammatory Bowel Disease Research \nand Awareness Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Crohn's disease and ulcerative colitis are serious \n inflammatory diseases of the gastrointestinal tract.\n (2) Crohn's disease may occur in any section of the \n gastrointestinal tract but is predominately found in the lower \n part of the small intestine and the large intestine. Ulcerative \n colitis is characterized by inflammation and ulceration of the \n innermost lining of the colon. Complete removal of the colon in \n patients with ulcerative colitis can potentially alleviate and \n cure symptoms.\n (3) Because Crohn's disease and ulcerative colitis behave \n similarly, they are collectively known as inflammatory bowel \n disease. Both diseases present a variety of symptoms, including \n severe diarrhea, abdominal pain with cramps, fever, arthritic \n joint pain, inflammation of the eye, and rectal bleeding. There \n is no known cause of inflammatory bowel disease, or medical \n cure.\n (4) It is estimated that up to 1,400,000 people in the \n United States suffer from inflammatory bowel disease, 30 \n percent of whom are diagnosed during their childhood years.\n (5) Children with inflammatory bowel disease miss school \n activities because of bloody diarrhea and abdominal pain, and \n many adults who had onset of inflammatory bowel disease as \n children had delayed puberty and impaired growth and have never \n reached their full genetic growth potential.\n (6) Inflammatory bowel disease patients are at high risk \n for developing colorectal cancer.\n (7) The total annual medical costs for inflammatory bowel \n disease patients are estimated at more than $2,000,000,000.\n (8) The average time from presentation of symptoms to \n diagnosis in children is 3 years.\n (9) Delayed diagnosis of inflammatory bowel disease \n frequently results in more-active disease associated with \n increased morbidity and complications.\n (10) Congress has appropriated $3,480,000 from fiscal year \n 2005 to fiscal year 2009 for epidemiology research on \n inflammatory bowel disease through the Centers for Disease \n Control and Prevention.\n (11) The National Institutes of Health National Commission \n on Digestive Diseases issued comprehensive research goals \n related to inflammatory bowel disease in its April 2009 report \n to Congress and the American public entitled; ``Opportunities \n and Challenges in Digestive Diseases Research: Recommendations \n of the National Commission on Digestive Diseases''.\n\nSEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL \n DISEASE AT THE CENTERS FOR DISEASE CONTROL AND \n PREVENTION.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 320A the following:\n\n``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall conduct, support \nand expand existing epidemiology research on inflammatory bowel disease \nin both pediatric and adult populations.\n ``(b) Grants.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention, may award grants to, and \nenter into contracts and cooperative agreements with, a patient or \nmedical organization with expertise in conducting inflammatory bowel \ndisease research to develop and administer the epidemiology program.\n ``(c) Rule of Construction.--Nothing in this section shall be \nconstrued to limit the authority of the Centers for Disease Control and \nPrevention to support a pediatric inflammatory bowel disease patient \nregistry.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section, $1,500,000 for each of the \nfiscal years 2010 through 2014.\n\n``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE \n AND IMPROVING HEALTH PROFESSIONAL EDUCATION.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall award grants to \neligible entities for the purpose of increasing awareness of \ninflammatory bowel disease among the general public and health care \nproviders.\n ``(b) Use of Funds.--An eligible entity shall use grant funds under \nthis section to develop educational materials and conduct awareness \nprograms focused on the following subjects:\n ``(1) Crohn's disease and ulcerative colitis, and their \n symptoms.\n ``(2) Testing required for appropriate diagnosis, and the \n importance of accurate and early diagnosis.\n ``(3) Key differences between pediatric and adult disease.\n ``(4) Specific physical and psychosocial issues impacting \n pediatric patients, including stunted growth, malnutrition, \n delayed puberty, and depression.\n ``(5) Treatment options for both adult and pediatric \n patients.\n ``(6) The importance of identifying aggressive disease in \n children at an early stage in order to implement the most \n effective treatment protocol.\n ``(7) Complications of inflammatory bowel disease and \n related secondary conditions, including colorectal cancer.\n ``(8) Federal and private information resources for \n patients and physicians.\n ``(9) Incidence and prevalence data on pediatric and adult \n inflammatory bowel disease.\n ``(c) Eligible Entity.--For purposes of this section, the term \n`eligible entity' means a patient or medical organization with \nexperience in serving adults and children with inflammatory bowel \ndisease.\n ``(d) Report to Congress.--Not later than September 30, 2010, the \nSecretary shall submit to the Committee on Energy and Commerce of the \nHouse of Representatives, the Committee on Health, Education, Labor, \nand Pensions of the Senate, and the Committee on Appropriations of the \nHouse of Representatives and the Senate, a report regarding the status \nof activities carried out under this section.\n ``(e) Authorization of Appropriations.--For the purpose of carrying \nout this section, there is authorized to be appropriated such sums as \nmay be necessary for each of fiscal years 2010 through 2014.''.\n\nSEC. 4. EXPANSION OF BIOMEDICAL RESEARCH ON INFLAMMATORY BOWEL DISEASE.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) the Secretary of Health and Human Services, acting \n through the Director of the National Institutes of Health and \n the Director of the National Institute of Diabetes and \n Digestive and Kidney Diseases (in this section referred to as \n the Institute), should aggressively support basic, \n translational, and clinical research designed to meet the \n research goals for inflammatory bowel disease included in the \n National Institutes of Health National Commission on Digestive \n Diseases report entitled ``Opportunities and Challenges in \n Digestive Diseases Research: Recommendations of the National \n Commission on Digestive Diseases'', which shall include--\n (A) establishing an objective basis for determining \n clinical diagnosis, detailed phenotype, and disease \n activity in inflammatory bowel disease;\n (B) developing an individualized approach to \n inflammatory bowel disease risk evaluation and \n management based on genetic susceptibility;\n (C) modulating the intestinal microflora to prevent \n or control inflammatory bowel disease;\n (D) effectively modulating the mucosal immune \n system to prevent or ameliorate inflammatory bowel \n disease;\n (E) sustaining the health of the mucosal surface;\n (F) promoting regeneration and repair of injury in \n inflammatory bowel disease;\n (G) providing effective tools for clinical \n evaluation and intervention in inflammatory bowel \n disease; and\n (H) ameliorating or preventing adverse effects of \n inflammatory bowel disease on growth and development in \n children and adolescents;\n (2) the Institute should support the training of qualified \n health professionals in biomedical research focused on \n inflammatory bowel disease, including pediatric investigators; \n and\n (3) the Institute should continue its strong collaboration \n with medical and patient organizations concerned with \n inflammatory bowel disease and seek opportunities to promote \n research identified in the scientific agendas ``Challenges in \n Inflammatory Bowel Disease Research'' (Crohn's and Colitis \n Foundation of America) and ``Chronic Inflammatory Bowel \n Disease'' (North American Society for Pediatric \n Gastroenterology, Hepatology and Nutrition).\n (b) Biennial Reports.--As part of the biennial report submitted \nunder section 403 of the Public Health Service Act (42 U.S.C. 283), the \nSecretary of Health and Human Services shall include information on the \nstatus of inflammatory bowel disease research at the National \nInstitutes of Health.","summary":"Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to: (1) require the Centers for Disease Control and Prevention (CDC) to conduct, support, and expand existing epidemiology research on inflammatory bowel disease in both pediatric and adult populations. (2) authorize the CDC to award grants and enter into cooperative agreements to develop and administer such epidemiology research. And (3) direct the CDC to award grants to increase awareness of inflammatory bowel disease among the general public and health care providers. Expresses the sense of Congress that the Directors of the National Institutes of Health (NIH) and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel diseases.","title":"A bill to support research and public awareness activities with respect to inflammatory bowel disease, and for other purposes.","text_len":9885,"sum_len":821} {"bill_id":"115_s2205","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tribal Connect Act of 2017''.\n\nSEC. 2. ELIGIBILITY OF TRIBAL LIBRARIES AND QUALIFYING ANCHOR \n INSTITUTIONS FOR E-RATE SUPPORT.\n\n Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is \namended--\n (1) in subsection (h)(4), by inserting ``, except as \n provided in subsection (m),'' before ``is a library or library \n consortium''; and\n (2) by adding at the end the following:\n ``(m) Eligibility of Tribal Libraries and Qualifying Anchor \nInstitutions for E-Rate Support.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `broadband Internet access service' \n has the meaning given the term in section 8.2 of title \n 47, Code of Federal Regulations, or any successor \n regulation;\n ``(B) the term `E-rate program' means the universal \n service program for schools and libraries authorized \n under subsection (h)(1)(B), the rules of which are set \n forth under subpart F of part 54 of title 47, Code of \n Federal Regulations (or any successor regulation), as \n authorized under subsection (h)(2)(A);\n ``(C) the term `E-rate support' means universal \n service discounts on eligible services in accordance \n with subpart F of part 54 of title 47, Code of Federal \n Regulations (or any successor regulation), as \n authorized under subsection (h)(2)(A);\n ``(D) the term `Indian tribe' has the meaning given \n the term in section 20.1 of title 25, Code of Federal \n Regulations, or any successor regulation; and\n ``(E) the term `qualifying anchor institution' \n means a facility owned by an Indian tribe, including a \n tribal government building, chapter house, longhouse, \n community center, senior center, or other similar \n public building.\n ``(2) Eligibility of tribal libraries for e-rate support.--\n ``(A) Designation of tribal libraries as libraries \n eligible for e-rate support.--\n ``(i) In general.--An Indian tribe that is \n eligible for support under section 261 of the \n Library Services and Technology Act (20 U.S.C. \n 9161) may designate a tribal library or tribal \n library consortium as a library or consortium \n that is eligible for E-rate support, without \n regard to whether the library or library \n consortium is eligible for assistance from a \n State Library Administrative Agency under the \n Library Services and Technology Act (20 U.S.C. \n 9121 et seq.), if the library or library \n consortium is eligible for support from an \n Indian tribe under such section 261.\n ``(ii) Rule of construction.--Nothing in \n clause (i) shall be construed to exempt a \n tribal library from any requirement under the \n E-rate program not described in that clause, \n including the other requirements relating to \n eligible recipients under section 54.501 of \n title 47, Code of Federal Regulations (or any \n successor regulation).\n ``(B) Tribal anchor institution demonstration \n program.--\n ``(i) In general.--The Commission, in \n consultation with the Institute of Museum and \n Library Services and any other agency with \n relevant responsibilities, shall establish a \n pilot program to be known as the `Tribal Anchor \n Institution Program', under which the \n Commission shall provide E-rate support to \n Indian tribes for qualifying anchor \n institutions designated by the Indian tribes.\n ``(ii) Eligibility.--\n ``(I) In general.--To be eligible \n to obtain E-rate support under this \n subparagraph, a tribal government shall \n not have an existing tribal library \n eligible for the Schools and Libraries \n Universal Service Support program \n within the tribal community.\n ``(II) Requirements.--E-rate \n support obtained under this \n subparagraph shall only be available \n for an Indian tribe if--\n ``(aa) the proposed \n qualifying anchor institution \n is exclusively owned by the \n Indian tribe; and\n ``(bb) the proposed \n qualifying anchor institution \n intends to deliver publicly \n available Internet access to \n students, teachers, librarians, \n and members of the community \n for educational purposes.\n ``(III) Rule of construction.--\n Nothing in this clause shall be \n construed to provide the Commission \n with the authority to modify the \n eligibility requirements described in \n this clause.\n ``(iii) Use of contributions.--Of the \n amount collected for the Universal Service Fund \n under subsection (d), $20,000,000 shall be made \n available for each of the first 5 fiscal years \n beginning after the date of enactment of the \n Tribal Connect Act of 2017 to the Commission to \n carry out this paragraph.\n ``(3) Training and technical assistance for tribal schools \n and libraries.--\n ``(A) Annual reports.--The Commission shall direct \n the Administrator of the Schools and Libraries \n Universal Service Support program to submit an annual \n report to the Commission regarding the actions of the \n Schools and Libraries Universal Service Support program \n to ensure that tribal schools and libraries can \n participate fully and effectively in the E-rate \n program, including--\n ``(i) outreach efforts targeted to tribal \n schools and libraries to promote awareness of \n the E-rate program;\n ``(ii) specific E-rate training programs \n for tribal schools and libraries; and\n ``(iii) other technical assistance \n initiatives regarding the program's application \n process that are available to tribal schools \n and libraries.\n ``(B) Review of annual reports.--The Commission \n shall review each annual report required under \n subparagraph (A) to determine whether additional steps \n are necessary to ensure that tribal schools and \n libraries can participate fully and effectively in the \n E-rate program.\n ``(4) Coordination and performance measurement.--The \n Commission shall--\n ``(A) improve the reliability of the data of the \n Commission relating to institutions that receive E-rate \n support by defining the term `tribal' on the \n application for E-rate support; and\n ``(B)(i) develop performance goals and measures to \n track progress on achieving the strategic objective of \n the Commission of ensuring that all tribal libraries \n have affordable access to broadband Internet access \n service technologies for educational purposes for \n students, teachers, librarians, and members of the \n community; and\n ``(ii) not later than 1 year after the date of \n enactment of this subsection, submit to Congress and \n make public a report on the goals and measures \n developed under clause (i).''.","summary":"Tribal Connect Act of 2017 This bill amends the Communications Act of 1934 to expand the Schools and Libraries Universal Service Support (E-rate) program to include support for Indian tribal libraries that are eligible for support under the Library Services and Technology Act (LSTA), without regard to whether the libraries are eligible for assistance from state library administrative agencies under the LSTA. The E-rate program provides discounted telecommunications services to certain schools and libraries. The Federal Communications Commission must establish a pilot Tribal Anchor Institution Program to provide E-rate support to tribes for institutions that are not schools or libraries, such as community centers. E-rate support may be provided to institutions designated by tribes if: (1) the tribes do not have existing libraries that are eligible for E-rate support, (2) the institutions are exclusively owned by the tribes. And (3) the institutions intend to deliver publicly available Internet access to students, teachers, librarians, and community members for educational purposes.","title":"Tribal Connect Act of 2017","text_len":9476,"sum_len":1097} {"bill_id":"111_hr5739","text":"SECTION 1. GRANT OF FEDERAL CHARTER TO AMERICAN MILITARY RETIREES \n ASSOCIATION.\n\n (a) Grant of Charter.--Part B of subtitle II of title 36, United \nStates Code, is amended by inserting after chapter 1403 the following \nnew chapter:\n\n ``CHAPTER 1404--AMERICAN MILITARY RETIREES ASSOCIATION\n\n``Sec.\n``140401. Organization.\n``140402. Purposes.\n``140403. Membership.\n``140404. Governing body.\n``140405. Powers.\n``140406. Restrictions.\n``140407. Tax-exempt status required as condition of charter.\n``140408. Records and inspection.\n``140409. Service of process.\n``140410. Liability for acts of officers and agents.\n``140411. Annual report.\n``140412. Definition.\n``Sec. 140401. Organization\n ``(a) Federal Charter.--American Military Retirees Association (in \nthis chapter, the `corporation'), a nonprofit organization that meets \nthe requirements for a veterans service organization under section \n501(c)(19) of the Internal Revenue Code of 1986 and is organized under \nthe laws of the State of New York, is a federally chartered \ncorporation.\n ``(b) Expiration of Charter.--If the corporation does not comply \nwith the provisions of this chapter, the charter granted by subsection \n(a) shall expire.\n``Sec. 140402. Purposes\n ``(a) General.--The purposes of the corporation are as provided in \nits bylaws and articles of incorporation and include--\n ``(1) encouraging military retirees to band together to \n protect earned benefits by educating on benefits available; and\n ``(2) advocating for the protection of earned benefits \n through active monitoring of legislation in Congress and the \n policies and proposals of the Department of Defense and the \n Department of Veterans Affairs.\n``Sec. 140403. Membership\n ``Eligibility for membership in the corporation, and the rights and \nprivileges of members of the corporation, are as provided in the bylaws \nof the corporation.\n``Sec. 140404. Governing body\n ``(a) Board of Directors.--The composition of the board of \ndirectors of the corporation, and the responsibilities of the board, \nare as provided in the articles of incorporation and bylaws of the \ncorporation.\n ``(b) Officers.--The positions of officers of the corporation, and \nthe election of the officers, are as provided in the articles of \nincorporation and bylaws.\n``Sec. 140405. Powers\n ``The corporation has only those powers provided in its bylaws and \narticles of incorporation filed in each State in which it is \nincorporated.\n``Sec. 140406. Restrictions\n ``(a) Stock and Dividends.--The corporation may not issue stock or \ndeclare or pay a dividend.\n ``(b) Distribution of Income or Assets.--The income or assets of \nthe corporation may not inure to the benefit of, or be distributed to, \na director, officer, or member of the corporation during the life of \nthe charter granted by this chapter. This subsection does not prevent \nthe payment of reasonable compensation to an officer or employee of the \ncorporation or reimbursement for actual necessary expenses in amounts \napproved by the board of directors.\n ``(c) Loans.--The corporation may not make a loan to a director, \nofficer, employee, or member of the corporation.\n ``(d) Claim of Governmental Approval or Authority.--The corporation \nmay not claim congressional approval or the authority of the United \nStates Government for any of its activities.\n ``(e) Corporate Status.--The corporation shall maintain its status \nas a corporation incorporated under the laws of the Commonwealth of \nVirginia.\n``Sec. 140407. Tax-exempt status required as condition of charter\n ``If the corporation fails to maintain its status as an \norganization exempt from taxation under the Internal Revenue Code of \n1986, the charter granted under this chapter shall terminate.\n``Sec. 140408. Records and inspection\n ``(a) Records.--The corporation shall keep--\n ``(1) correct and complete records of account;\n ``(2) minutes of the proceedings of the members, board of \n directors, and committees of the corporation having any of the \n authority of the board of directors of the corporation; and\n ``(3) at the principal office of the corporation, a record \n of the names and addresses of the members of the corporation \n entitled to vote on matters relating to the corporation.\n ``(b) Inspection.--A member entitled to vote on any matter relating \nto the corporation, or an agent or attorney of the member, may inspect \nthe records of the corporation for any proper purpose at any reasonable \ntime.\n``Sec. 140409. Service of process\n ``The corporation shall comply with the law on service of process \nof each State in which it is incorporated and each State in which it \ncarries on activities.\n``Sec. 140410. Liability for acts of officers and agents\n ``The corporation is liable for any act of any officer or agent of \nthe corporation acting within the scope of the authority of the \ncorporation.\n``Sec. 140411. Annual report\n ``The corporation shall submit to Congress an annual report on the \nactivities of the corporation during the preceding fiscal year. The \nreport shall be submitted at the same time as the report of the audit \nrequired by section 10101(b) of this title. The report may not be \nprinted as a public document.\n``Sec. 140412. Definition\n ``In this chapter, the term `State' includes the District of \nColumbia and the territories and possessions of the United States.''.\n (b) Clerical Amendment.--The table of chapters at the beginning of \nsubtitle II of title 36, United States Code, is amended by inserting \nafter the item relating to chapter 1403 the following new item:\n\n ``1404. American Military Retirees Association..... 140401''.","summary":"Grants a federal charter to the American Military Retirees Association.","title":"To amend title 36, United States Code, to grant a Federal charter to the American Military Retirees Association, and for other purposes.","text_len":5814,"sum_len":71} {"bill_id":"106_hr2941","text":"SECTION 1. DEFINITIONS.\n\n For the purposes of this Act, the following definitions apply:\n (1) Conservation area.--The term ``Conservation Area'' means \n the Las Cienegas National Conservation Area established by section \n 4(a).\n (2) Acquisition planning district.--The term ``Acquisition \n Planning District'' means the Sonoita Valley Acquisition Planning \n District established by section 2(a).\n (3) Management plan.--The term ``management plan'' means the \n management plan for the Conservation Area.\n (4) Public lands.--The term ``public lands'' has the meaning \n given the term in section 103(e) of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1702(e)), except that such term \n shall not include interest in lands not owned by the United States.\n (5) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n\nSEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING \n DISTRICT.\n\n (a) In General.--In order to provide for future acquisitions of \nimportant conservation land within the Sonoita Valley region of the \nState of Arizona, there is hereby established the Sonoita Valley \nAcquisition Planning District.\n (b) Areas Included.--The Acquisition Planning District shall \nconsist of approximately 142,800 acres of land in the Arizona counties \nof Pima and Santa Cruz, including the Conservation Area, as generally \ndepicted on the map entitled ``Sonoita Valley Acquisition Planning \nDistrict and Las Cienegas National Conservation Area'' and dated \nOctober 2, 2000.\n (c) Map and Legal Description.--As soon as practicable after the \ndate of the enactment of this Act, the Secretary shall submit to \nCongress a map and legal description of the Acquisition Planning \nDistrict. In case of a conflict between the map referred to in \nsubsection (b) and the map and legal description submitted by the \nSecretary, the map referred to in subsection (b) shall control. The map \nand legal description shall have the same force and effect as if \nincluded in this Act, except that the Secretary may correct clerical \nand typographical errors in such map and legal description. Copies of \nthe map and legal description shall be on file and available for public \ninspection in the Office of the Director of the Bureau of Land \nManagement, and in the appropriate office of the Bureau of Land \nManagement in Arizona.\n\nSEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT.\n\n (a) In General.--The Secretary shall negotiate with land owners for \nthe acquisition of lands and interest in lands suitable for \nConservation Area expansion that meet the purposes described in section \n4(a). The Secretary shall only acquire property under this Act pursuant \nto section 7.\n (b) Federal Lands.--The Secretary, through the Bureau of Land \nManagement, shall administer the public lands within the Acquisition \nPlanning District pursuant to this Act and the applicable provisions of \nthe Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et \nseq.), subject to valid existing rights, and in accordance with the \nmanagement plan. Such public lands shall become part of the \nConservation Area when they become contiguous with the Conservation \nArea.\n (c) Fish and Wildlife.--Nothing in this Act shall be construed as \naffecting the jurisdiction or responsibilities of the State of Arizona \nwith respect to fish and wildlife within the Acquisition Planning \nDistrict.\n (d) Protection of State and Private Lands and Interests.--Nothing \nin this Act shall be construed as affecting any property rights or \nmanagement authority with regard to any lands or interest in lands held \nby the State of Arizona, any political subdivision of the State of \nArizona, or any private property rights within the boundaries of the \nAcquisition Planning District.\n (e) Public Lands.--Nothing in this Act shall be construed as in any \nway diminishing the Secretary's or the Bureau of Land Management's \nauthorities, rights, or responsibilities for managing the public lands \nwithin the Acquisition Planning District.\n (f) Coordinated Management.--The Secretary shall coordinate the \nmanagement of the public lands within the Acquisition Planning District \nwith that of surrounding county, State, and private lands consistent \nwith the provisions of subsection (d).\n\nSEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA.\n\n (a) In General.--In order to conserve, protect, and enhance for the \nbenefit and enjoyment of present and future generations the unique and \nnationally important aquatic, wildlife, vegetative, archaeological, \npaleontological, scientific, cave, cultural, historical, recreational, \neducational, scenic, rangeland, and riparian resources and values of \nthe public lands described in subsection (b) while allowing livestock \ngrazing and recreation to continue in appropriate areas, there is \nhereby established the Las Cienegas National Conservation Area in the \nState of Arizona.\n (b) Areas Included.--The Conservation Area shall consist of \napproximately 42,000 acres of public lands in the Arizona counties of \nPima and Santa Cruz, as generally depicted on the map entitled \n``Sonoita Valley Acquisition Planning District and Las Cienegas \nNational Conservation Area'' and dated October 2, 2000.\n (c) Maps and Legal Description.--As soon as practicable after the \ndate of the enactment of this Act, the Secretary shall submit to \nCongress a map and legal description of the Conservation Area. In case \nof a conflict between the map referred to in subsection (b) and the map \nand legal description submitted by the Secretary, the map referred to \nin subsection (b) shall control. The map and legal description shall \nhave the same force and effect as if included in this Act, except that \nthe Secretary may correct clerical and typographical errors in such map \nand legal description. Copies of the map and legal description shall be \non file and available for public inspection in the Office of the \nDirector of the Bureau of Land Management, and in the appropriate \noffice of the Bureau of Land Management in Arizona.\n (d) Forest Lands.--Any lands included in the Coronado National \nForest that are located within the boundaries of the Conservation Area \nshall be considered to be a part of the Conservation Area. The \nSecretary of Agriculture shall revise the boundaries of the Coronado \nNational Forest to reflect the exclusion of such lands from the \nCoronado National Forest.\n\nSEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA.\n\n (a) In General.--The Secretary shall manage the Conservation Area \nin a manner that conserves, protects, and enhances its resources and \nvalues, including the resources and values specified in section 4(a), \npursuant to the Federal Land Policy and Management Act of 1976 (43 \nU.S.C. 1701 et seq.) and other applicable law, including this Act.\n (b) Uses.--The Secretary shall allow only such uses of the \nConservation Area as the Secretary finds will further the purposes for \nwhich the Conservation Area is established as set forth in section \n4(a).\n (c) Grazing.--The Secretary of the Interior shall permit grazing \nsubject to all applicable laws, regulations, and Executive orders \nconsistent with the purposes of this Act.\n (d) Motorized Vehicles.--Except where needed for administrative \npurposes or to respond to an emergency, use of motorized vehicles on \npublic lands in the Conservation Area shall be allowed only--\n (1) before the effective date of a management plan prepared \n pursuant to section 6, on roads and trails designated for use of \n motorized vehicles in the management plan that applies on the date \n of the enactment of this Act; and\n (2) after the effective date of a management plan prepared \n pursuant to section 6, on roads and trails designated for use of \n motor vehicles in that management plan.\n (e) Military Airspace.--Prior to the date of the enactment of this \nAct the Federal Aviation Administration approved restricted military \nairspace (Areas 2303A and 2303B) which covers portions of the \nConservation Area. Designation of the Conservation Area shall not \nimpact or impose any altitude, flight, or other airspace restrictions \non current or future military operations or missions. Should the \nmilitary require additional or modified airspace in the future, the \nCongress does not intend for the designation of the Conservation Area \nto impede the military from petitioning the Federal Aviation \nAdministration to change or expand existing restricted military \nairspace.\n (f) Access to State and Private Lands.--Nothing in this Act shall \naffect valid existing rights-of-way within the Conservation Area. The \nSecretary shall provide reasonable access to nonfederally owned lands \nor interest in lands within the boundaries of the Conservation Area.\n (g) Hunting.--Hunting shall be allowed within the Conservation Area \nin accordance with applicable laws and regulations of the United States \nand the State of Arizona, except that the Secretary, after consultation \nwith the Arizona State wildlife management agency, may issue \nregulations designating zones where and establishing periods when no \nhunting shall be permitted for reasons of public safety, \nadministration, or public use and enjoyment.\n (h) Preventative Measures.--Nothing in this Act shall preclude such \nmeasures as the Secretary determines necessary to prevent devastating \nfire or infestation of insects or disease within the Conservation Area.\n (i) No Buffer Zones.--The establishment of the Conservation Area \nshall not lead to the creation of protective perimeters or buffer zones \naround the Conservation Area. The fact that there may be activities or \nuses on lands outside the Conservation Area that would not be permitted \nin the Conservation Area shall not preclude such activities or uses on \nsuch lands up to the boundary of the Conservation Area consistent with \nother applicable laws.\n (j) Withdrawals.--Subject to valid existing rights all Federal \nlands within the Conservation Area and all lands and interest therein \nwhich are hereafter acquired by the United States are hereby withdrawn \nfrom all forms of entry, appropriation, or disposal under the public \nland laws and from location, entry, and patent under the mining laws, \nand from operation of the mineral leasing and geothermal leasing laws \nand all amendments thereto.\n\nSEC. 6. MANAGEMENT PLAN.\n\n (a) Plan Required.--Not later than 2 years after the date of the \nenactment of this Act, the Secretary, through the Bureau of Land \nManagement, shall develop and begin to implement a comprehensive \nmanagement plan for the long-term management of the public lands within \nthe Conservation Area in order to fulfill the purposes for which it is \nestablished, as set forth in section 4(a). Consistent with the \nprovisions of this Act, the management plan shall be developed--\n (1) in consultation with appropriate departments of the State \n of Arizona, including wildlife and land management agencies, with \n full public participation;\n (2) from the draft Empire-Cienega Ecosystem Management Plan\/\n EIS, dated October 2000, as it applies to Federal lands or lands \n with conservation easements; and\n (3) in accordance with the resource goals and objectives \n developed through the Sonoita Valley Planning Partnership process \n as incorporated in the draft Empire-Cienega Ecosystem Management \n Plan\/EIS, dated October 2000, giving full consideration to the \n management alternative preferred by the Sonoita Valley Planning \n Partnership, as it applies to Federal lands or lands with \n conservation easements.\n (b) Contents.--The management plan shall include--\n (1) provisions designed to ensure the protection of the \n resources and values described in section 4(a);\n (2) an implementation plan for a continuing program of \n interpretation and public education about the resources and values \n of the Conservation Area;\n (3) a proposal for minimal administrative and public facilities \n to be developed or improved at a level compatible with achieving \n the resource objectives for the Conservation Area and with the \n other proposed management activities to accommodate visitors to the \n Conservation Area;\n (4) cultural resources management strategies for the \n Conservation Area, prepared in consultation with appropriate \n departments of the State of Arizona, with emphasis on the \n preservation of the resources of the Conservation Area and the \n interpretive, educational, and long-term scientific uses of these \n resources, giving priority to the enforcement of the Archaeological \n Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the \n National Historic Preservation Act (16 U.S.C. 470 et seq.) within \n the Conservation Area;\n (5) wildlife management strategies for the Conservation Area, \n prepared in consultation with appropriate departments of the State \n of Arizona and using previous studies of the Conservation Area;\n (6) production livestock grazing management strategies, \n prepared in consultation with appropriate departments of the State \n of Arizona;\n (7) provisions designed to ensure the protection of \n environmentally sustainable livestock use on appropriate lands \n within the Conservation Area;\n (8) recreation management strategies, including motorized and \n nonmotorized dispersed recreation opportunities for the \n Conservation Area, prepared in consultation with appropriate \n departments of the State of Arizona;\n (9) cave resources management strategies prepared in compliance \n with the goals and objectives of the Federal Cave Resources \n Protection Act of 1988 (16 U.S.C. 4301 et seq.); and\n (10) provisions designed to ensure that if a road or trail \n located on public lands within the Conservation Area, or any \n portion of such a road or trail, is removed, consideration shall be \n given to providing similar alternative access to the portion of the \n Conservation Area serviced by such removed road or trail.\n (c) Cooperative Agreements.--In order to better implement the \nmanagement plan, the Secretary may enter into cooperative agreements \nwith appropriate Federal, State, and local agencies pursuant to section \n307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. \n1737(b)).\n (d) Research Activities.--In order to assist in the development and \nimplementation of the management plan, the Secretary may authorize \nappropriate research, including research concerning the environmental, \nbiological, hydrological, cultural, agricultural, recreational, and \nother characteristics, resources, and values of the Conservation Area, \npursuant to section 307(a) of the Federal Land Policy and Management \nAct of 1976 (43 U.S.C. 1737(a)).\n\nSEC. 7. LAND ACQUISITION.\n\n (a) In General.--\n (1) Priority to conservation easements.--In acquiring lands or \n interest in lands under this section, the Secretary shall give \n priority to such acquisitions in the form of conservation \n easements.\n (2) Private lands.--The Secretary is authorized to acquire \n privately held lands or interest in lands within the boundaries of \n the Acquisition Planning District only from a willing seller \n through donation, exchange, or purchase.\n (3) County lands.--The Secretary is authorized to acquire \n county lands or interest in lands within the boundaries of the \n Acquisition Planning District only with the consent of the county \n through donation, exchange, or purchase.\n (4) State lands.--\n (A) In general.--The Secretary is authorized to acquire \n lands or interest in lands owned by the State of Arizona \n located within the boundaries of the Acquisition Planning \n District only with the consent of the State and in accordance \n with State law, by donation, exchange, or purchase.\n (B) Consideration.--As consideration for the acquisitions \n by the United States of lands or interest in lands under this \n paragraph, the Secretary shall pay fair market value for such \n lands or shall convey to the State of Arizona all or some \n interest in Federal lands (including buildings and other \n improvements on such lands or other Federal property other than \n real property) or any other asset of equal value within the \n State of Arizona.\n (C) Transfer of jurisdiction.--All Federal agencies are \n authorized to transfer jurisdiction of Federal lands or \n interest in lands (including buildings and other improvements \n on such lands or other Federal property other than real \n property) or any other asset within the State of Arizona to the \n Bureau of Land Management for the purpose of acquiring lands or \n interest in lands as provided for in this paragraph.\n (b) Management of Acquired Lands.--Lands acquired under this \nsection shall, upon acquisition, become part of the Conservation Area \nand shall be administered as part of the Conservation Area. These lands \nshall be managed in accordance with this Act, other applicable laws, \nand the management plan.\n\nSEC. 8. REPORTS TO CONGRESS.\n\n (a) Protection of Certain Lands.--Not later than 2 years after the \ndate of the enactment of this Act, the Secretary shall submit to \nCongress a report describing the most effective measures to protect the \nlands north of the Acquisition Planning District within the Rincon \nValley, Colossal Cave area, and Agua Verde Creek corridor north of \nInterstate 10 to provide an ecological link to Saguaro National Park \nand the Rincon Mountains and contribute to local government \nconservation priorities.\n (b) Implementation of This Act.--Not later than 5 years after the \ndate of the enactment of this Act, and at least at the end of every 10-\nyear period thereafter, the Secretary shall submit to Congress a report \ndescribing the implementation of this Act, the condition of the \nresources and values of the Conservation Area, and the progress of the \nSecretary in achieving the purposes for which the Conservation Area is \nestablished as set forth in section 4(a).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Directs the Secretary to develop and begin to implement a comprehensive management plan for the long-term management of the Area. Authorizes the Secretary to acquire for the Area surrounding lands within the District owned by private individuals, local counties, or the State of Arizona. Requires the Secretary to report to Congress: (1) describing the most effective measures for the protection of certain lands north of the District. And (2) five years after the enactment of this Act, and at least every ten years thereafter, on the implementation of this Act.","title":"Las Cienegas National Conservation Area Establishment Act of 1999","text_len":18732,"sum_len":563} {"bill_id":"111_hr2969","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Water System Adaptation Partnerships \nAct of 2009''.\n\nSEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS.\n\n (a) Grants.--Beginning in fiscal year 2010, the Administrator of \nthe Environmental Protection Agency shall make grants to water systems \nto assist in planning, designing, constructing, implementing, or \nmaintaining any program, strategy, or infrastructure improvement--\n (1) to conserve water or increase water use efficiency;\n (2) to carry out water metering to measure water efficiency \n effectiveness of a water efficiency program;\n (3) to preserve or improve water quality;\n (4) to enhance water management by increasing source water \n preservation and protection, or natural or engineered green \n infrastructure in the management, conveyance, or treatment of \n water, wastewater, or stormwater;\n (5) to increase energy efficiency or the use and generation \n of renewable energy in the management, conveyance, or treatment \n of water, wastewater, or stormwater;\n (6) to support the adoption and use of advanced water \n treatment, water supply management, or water demand management \n technologies or processes (such as those used in water reuse \n and recycling or adaptive conservation pricing) that maintain \n or increase water supply or improve water quality;\n (7) to complete studies or assessments to project how \n climate change may impact the future operations and \n sustainability of the water system; or\n (8) to carry out any other activity or project to address \n any ongoing or forecasted, based on the best available research \n and data, climate-related impact on the water quality or \n quantity of a region of the United States that increases the \n resiliency of a water system to the impacts of climate change.\n (b) Application.--To be eligible to receive a grant from the \nAdministrator under subsection (a), the owner or operator of a water \nsystem shall--\n (1) submit to the Administrator an application that \n includes a proposal of the program, strategy, or infrastructure \n improvement to be planned, designed, constructed, implemented, \n or maintained by the water system;\n (2) cite the best available research or data that \n describes--\n (A) the risk to the system's water resources or \n infrastructure as a result of ongoing or forecasted \n changes to the hydrological system brought about by \n factors arising from global climate change; and\n (B) how the proposed program, strategy, or \n infrastructure improvement would perform under the \n anticipated climate conditions;\n (3) explain how the proposed program, strategy, or \n infrastructure improvement is expected to increase the water \n system's resiliency to these risks or reduce the water system's \n direct or indirect greenhouse gas emissions; and\n (4) demonstrate the consistency of the program, strategy, \n or infrastructure improvement with an applicable climate \n adaptation plan completed and adopted by a State.\n (c) Competitive Process.--Each calendar year, the Administrator \nshall conduct a competitive process to select and fund applications \nunder this section. In carrying out the process, the Administrator \nshall--\n (1) give priority to applications that--\n (A) are submitted by water systems that are, based \n on the best available research and data, at the \n greatest and most immediate risk of facing significant \n climate-related negative impacts on water quality or \n quantity;\n (B) will impact the largest numbers of water users; \n and\n (C) will provide the greatest benefit per dollar \n expended;\n (2) solicit applications from water systems that are--\n (A) located in all regions of the United States; \n and\n (B) facing varying risks as a result of climate \n change; and\n (3) provide for solicitation and consideration of public \n input in the development of criteria used in evaluating \n applications.\n (d) Cost Sharing.--\n (1) Federal share.--The Federal share of the cost of any \n program, strategy, or infrastructure improvement that is the \n subject of a grant awarded by the Administrator to a water \n system under subsection (a) shall not exceed, in a single \n calendar year, 50 percent of the cost of the program, strategy, \n or infrastructure improvement.\n (2) Calculation of non-federal share.--In calculating the \n non-Federal share of the cost of a program, strategy, or \n infrastructure improvement proposed by a water system through \n an application submitted by the water system under subsection \n (b), the Administrator shall--\n (A) include the value of any in-kind services that \n substantially contributes toward the completion of the \n program, strategy, or infrastructure improvement, as \n determined by the Administrator; and\n (B) not include any other amount that the water \n system receives from a Federal agency.\n (e) Regulations.--Not later than 1 year after the date of the \nenactment of this Act, the Administrator of the Environmental \nProtection Agency shall promulgate final regulations to carry out this \nsection.\n (f) Report to Congress.--Not later than 3 years after the date of \nthe enactment of this Act, and every 3 years thereafter, the \nAdministrator of the Environmental Protection Agency shall submit to \nthe Congress a report on progress in implementing this section, \nincluding information on project applications received and funded \nannually.\n (g) Definitions.--In this section:\n (1) The term ``Administrator'' means the Administrator of \n the Environmental Protection Agency.\n (2) The term ``water system'' means a community water \n system as defined in section 1401 of the Safe Drinking Water \n Act (42 U.S.C. 300f), a treatment works as defined in section \n 212 of the Federal Water Pollution Control Act (33 U.S.C. \n 1292), a municipal separate storm sewer system (as defined by \n the Administrator), or a combined sewer system as defined in \n 402(q) of the Federal Water Pollution Control Act (33 U.S.C. \n 1342(q)).\n (h) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated such sums as may be necessary.","summary":"Water System Adaptation Partnerships Act of 2009 - Directs the Administrator of the Environmental Protection Agency (EPA) to make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement to: (1) conserve water or increase water use efficiency. (2) carry out water metering to measure water efficiency effectiveness of a water efficiency program, (3) preserve or improve water quality. (4) enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure, in the management, conveyance, or treatment of water, wastewater, or stormwater. (5) increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater. (6) support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes that maintain or increase water supply or improve water quality. (7) complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system. Or (8) carry out any other activity or project to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. Sets forth grant application requirements. Requires the Administrator to conduct a competitive process to select and fund applications, giving priority to applications that: (1) are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts, (2) will impact the largest numbers of water users. And (3) will provide the greatest benefit per dollar expended. Limits the federal share to 50 of the cost.","title":"To authorize the Administrator of the Environmental Protection Agency to establish water system adaptation partnerships.","text_len":7038,"sum_len":1924} {"bill_id":"105_hr1258","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Opportunity and Welfare \nReduction Act of 1997''.\n\nSEC. 2. PILOT PROGRAM FOR PLACING WELFARE RECIPIENTS IN JOBS VACATED BY \n UNAUTHORIZED ALIENS.\n\n (a) In General.--The Attorney General shall conduct a pilot program \nunder which the Attorney General shall provide a written notice to a \nState of one or more potential employment opportunities for an adult \nwho is receiving assistance under the State program funded under part A \nof title IV of the Social Security Act, where such opportunity arises \nfrom--\n (1) the removal of one or more unauthorized aliens from a \n work site in the State by an officer or employee of the Service \n performing duties relating to the enforcement of the \n immigration laws; or\n (2) the issuance of an unauthorized work letter by the \n Attorney General to an employer.\n (b) Implementation Deadline; Termination.--The Attorney General \nshall implement the pilot program not later than October 1, 1998. The \nAttorney General shall terminate the pilot program at the end of the 4-\nyear period beginning on the first day the pilot program is in effect.\n (c) Scope of Operation.--The Attorney General shall provide for the \noperation of the pilot program in each State--\n (1) the chief executive officer of which has requested that \n the Attorney General provide for such operation; and\n (2) that is receiving a grant under part A of title IV of \n the Social Security Act.\n (d) Notice.--\n (1) Contents.--The notice required under subsection (a) \n shall include the following:\n (A) The name and address of the employer--\n (i) from whose work site an unauthorized \n alien was removed; or\n (ii) to whom the unauthorized work letter \n was issued.\n (B) A classification of the employment position (or \n positions) formerly held by each unauthorized alien who \n was removed from the work site or was the subject of \n the unauthorized work letter, in terms of industry and \n whether the work performed was skilled or unskilled.\n (C) The location of the work site.\n (D) The number of unauthorized aliens who were--\n (i) removed; or\n (ii) the subject of the unauthorized work \n letter.\n (2) Deadline.--The Attorney General shall submit the notice \n required under subsection (a) not later than 8 days after the \n day on which--\n (A) the unauthorized alien is removed (in a case \n described in subsection (a)(1)); or\n (B) an officer or employee of the Service enters \n onto the work site for the purpose of removing an \n unauthorized alien, following issuance of the \n unauthorized work letter (in a case described in \n subsection (a)(2)).\n (e) Definitions.--For purposes of this Act:\n (1) Service.--The term ``Service'' has the meaning given \n such term in section 101(a)(34) of the Immigration and \n Nationality Act.\n (2) State.--The term ``State'' has the meaning given such \n term in section 101(a)(36) of the Immigration and Nationality \n Act.\n (3) Unauthorized alien.--The term ``unauthorized alien'' \n has the meaning given such term in section 274A(h)(3) of the \n Immigration and Nationality Act.\n (4) Unauthorized work letter.--The term ``unauthorized work \n letter'' means a Form I-9 Inspection Result Letter, issued by \n the Attorney General to an employer, identifying the possible \n presence of an unauthorized alien worker.\n\nSEC. 3. BONUS TO REWARD PARTICIPATING STATES.\n\n (a) In General.--Section 403(a)(4) of the Social Security Act (42 \nU.S.C. 603(a)(4)) (as amended by section 103 of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (Public \nLaw 104-193; 110 Stat. 2121)) is amended--\n (1) in subparagraph (B)(i), by adding at the end the \n following:\n ``In the case of a high performing State that \n is an immigration pilot program State, such \n amount shall also be based on the score \n assigned to the State under subparagraph \n (D)(iii) for such fiscal year.'';\n (2) by amending subparagraph (C) to read as follows:\n ``(C) Formula for measuring state performance.--\n ``(i) In general.--Not later than 1 year \n after the date of the enactment of the Personal \n Responsibility and Work Opportunity \n Reconciliation Act of 1996, the Secretary, in \n consultation with the National Governors' \n Association and the American Public Welfare \n Association, shall develop a formula for \n measuring State performance in operating the \n State program funded under this part so as to \n achieve the goals set forth in section 401(a).\n ``(ii) Immigration pilot program states.--\n Not later than 6 months after the date of the \n enactment of the Job Opportunity and Welfare \n Reduction Act of 1997, the Secretary, in \n consultation with the National Governors' \n Association and the American Public Welfare \n Association, shall develop a formula for \n measuring the performance of immigration pilot \n program States in placing adults receiving \n assistance under the State program funded under \n this part in employment vacancies arising \n from--\n ``(I) the removal of an \n unauthorized alien (as defined in \n section 2 of such Act) from a work site \n in the State by an officer or employee \n of the Immigration and Naturalization \n Service performing duties relating to \n the enforcement of the immigration \n laws; or\n ``(II) the issuance by the Attorney \n General to an employer of an \n unauthorized work letter (as defined in \n such section) with respect to a work \n site in the State.'';\n (3) by amending subparagraph (D) to read as follows:\n ``(D) Scoring of state performance; setting of \n performance thresholds.--For each bonus year, the \n Secretary shall--\n ``(i) use the formula developed under \n subparagraph (C)(i) to assign a score to each \n eligible State for the fiscal year that \n immediately precedes the bonus year;\n ``(ii) prescribe a performance threshold, \n based on the scores assigned under clause (i), \n in such a manner so as to ensure that--\n ``(I) the average annual total \n amount of grants to be made under this \n paragraph for each bonus year equals \n $200,000,000; and\n ``(II) the total amount of grants \n to be made under this paragraph for all \n bonus years equals $1,000,000,000; and\n ``(iii) use the formula developed under \n subparagraph (C)(ii) to assign an additional \n score to each immigration pilot program State \n for the fiscal year that immediately precedes \n the bonus year, which score shall be used to \n reward immigration pilot program States--\n ``(I) based on their performance, \n as measured under subparagraph (C)(ii); \n and\n ``(II) in a manner consistent with \n subclauses (I) and (II) of clause \n (ii).''; and\n (4) in subparagraph (E), by adding at the end the \n following:\n ``(iii) Immigration pilot program state.--\n The term `immigration pilot program State' \n means, with respect to a fiscal year \n immediately preceding a bonus year, an eligible \n State--\n ``(I) within which the Attorney \n General is operating the pilot program \n under section 2 of the Job Opportunity \n and Welfare Reduction Act of 1997;\n ``(II) that, after each receipt of \n a notice of an employment vacancy (or \n vacancies) from the Attorney General \n under such section 2, provided to the \n employer having the vacancy a list \n containing, with respect to each such \n vacancy, the name, address, and \n telephone number of not more than 3 \n adults who are receiving assistance \n under the State program funded under \n this part and who are determined by the \n State, based on the adult's training, \n skills, prior experience, and \n availability for employment, to be \n qualified to fill the vacancy; and\n ``(III) that provided to the \n Secretary, in such form and manner as \n the Secretary may have required, a \n report containing the information \n necessary for the Secretary to measure \n the State's performance under \n subparagraph (C)(ii).''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the later of July 1, 1998, or the date of the enactment \nof this Act.\n\nSEC. 4. REPORT.\n\n Not later than 3 months after the date of the termination of the \npilot program under section 2, the Secretary of Health and Human \nServices shall submit to the Congress a report, based on the rate of \nsuccess of the program in providing referrals leading to job \nplacements, containing the recommendations of the Secretary of Health \nand Human Services concerning whether the program should be \nreauthorized, whether the program should be expanded, and how the \nprogram could be improved.","summary":"Job Opportunity and Welfare Reduction Act of 1997 - Directs the Attorney General to conduct a temporary pilot program in States participating in the program under part A (TANF) of title IV of the Social Security Act. Requires the Attorney General to notify a State of potential employment opportunities for an adult TANF recipient arising from: (1) removal of an unauthorized alien from a work site by the Immigration and Naturalization Service. Or (2) the issuance by the Attorney General to an employer of an unauthorized work letter . Provides for a bonus under TANF to reward high-performing States.","title":"Job Opportunity and Welfare Reduction Act of 1997","text_len":11987,"sum_len":603} {"bill_id":"111_s1249","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Payment Improvement Act of \n2009''.\n\nSEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.\n\n (a) In General.--Section 1848(e)(5) of the Social Security Act (42 \nU.S.C. 1395w-4(e)) is amended by adding at the end the following new \nparagraph:\n ``(6) Value index.--\n ``(A) In general.--The Secretary shall determine a \n value index for each hospital referral area (as defined \n by the Secretary). The value index shall be the ratio \n of the quality component under subparagraph (B) to the \n cost component under subparagraph (C) for that hospital \n referral area.\n ``(B) Quality component.--\n ``(i) In general.--The quality component \n shall be based on a composite score that \n reflects quality measures available on a State \n or hospital referral area (as so defined) \n basis. The measures shall reflect health \n outcomes and health status for the Medicare \n population, patient safety, and patient \n satisfaction. The Secretary shall use the best \n data available, after consultation with the \n Agency for Healthcare Research and Quality and \n with private entities that compile quality \n data.\n ``(ii) Advisory group.--\n ``(I) In general.--Not later than \n 60 days after the date of enactment of \n the Medicare Payment Improvement Act of \n 2009, the Secretary shall establish a \n group of experts and stakeholders to \n make consensus recommendations to the \n Secretary regarding development of the \n quality component. The membership of \n the advisory group shall at least \n reflect providers, purchasers, health \n plans, researchers, relevant Federal \n agencies, and individuals with \n technical expertise on health care \n quality.\n ``(II) Duties.--In the development \n of recommendations with respect to the \n quality component, the group \n established under subclause (I) shall \n consider at least the following areas:\n ``(aa) High variation and \n high cost per capita \n utilization of resources, \n including rates of \n hospitalizations, number of \n visits and subspecialty \n referrals, and number of \n procedures (as determined by \n data under this title).\n ``(bb) Health outcomes and \n functional status of patients.\n ``(cc) The continuity, \n management, and coordination of \n health care and care \n transitions, including episodes \n of care, for patients across \n the continuum of providers, \n health care settings, and \n health plans.\n ``(dd) Patient, caregiver, \n and authorized representative \n experience, quality and \n relevance of information \n provided to patients, \n caregivers, and authorized \n representatives, and use of \n information by patients, \n caregivers, and authorized \n representatives to inform \n decision making.\n ``(ee) The safety, \n effectiveness, and timeliness \n of care.\n ``(ff) The appropriate use \n of health care resources and \n services.\n ``(gg) Other items \n determined appropriate by the \n Secretary.\n ``(iii) Requirement.--In establishing the \n quality component under this subparagraph, the \n Secretary shall--\n ``(I) take into account the \n recommendations of the group \n established under clause (ii)(I); and\n ``(II) provide for an open and \n transparent process for the activities \n conducted pursuant to the convening of \n such group with respect to the \n development of the quality component.\n ``(iv) Establishment.--The quality \n component for each hospital referral area (as \n so defined) shall be the ratio of the quality \n score for such area to the national average \n quality score.\n ``(v) Quality baseline.--If the quality \n component for a hospital referral area (as so \n defined) does not rank in the top 25th \n percentile as compared to the national average \n (as determined by the Secretary) and the amount \n of reimbursement for services under this \n section is greater than the amount of \n reimbursement for such services that would have \n applied under this section if the amendments \n made by section 2 of the Medicare Payment \n Improvement Act of 2009 had not been enacted, \n this section shall be applied as if such \n amendments had not been enacted.\n ``(vi) Application.--In the case of a \n hospital referral area (as so defined) that is \n less than an entire State, if available quality \n data is not sufficient to measure quality at \n the sub-State level, the quality component for \n a sub-State hospital referral area shall be the \n quality component for the entire State.\n ``(C) Cost component.--\n ``(i) In general.--The cost component shall \n be total annual per beneficiary Medicare \n expenditures under part A and this part for the \n hospital referral area (as so defined). The \n Secretary may use total per beneficiary \n expenditures under such parts in the last two \n years of life as an alternative measure if the \n Secretary determines that such measure better \n takes into account severity differences among \n hospital referral areas.\n ``(ii) Establishment.--The cost component \n for a hospital referral area (as so defined) \n shall be the ratio of the cost per beneficiary \n for such area to the national average cost per \n beneficiary.''.\n (b) Conforming Amendments.--Section 1848 of the Social Security Act \n(42 U.S.C. 1395w-4) is amended--\n (1) in subsection (b)(1)(C), by striking ``geographic'' and \n inserting ``geographic and value''; and\n (2) in subsection (e)--\n (A) in paragraph (1)--\n (i) in the heading, by inserting ``and \n value'' after ``geographic'';\n (ii) in subparagraph (A), by striking \n clause (iii) and inserting the following new \n clause:\n ``(iii) a value index (as defined in \n paragraph (6)) applicable to physician work.'';\n (iii) in subparagraph (C), by inserting \n ``and value'' after ``geographic'' in the first \n sentence;\n (iv) in subparagraph (D), by striking \n ``physician work effort'' and inserting \n ``value'';\n (v) by striking subparagraph (E); and\n (vi) by striking subparagraph (G);\n (B) by striking paragraph (2) and inserting the \n following new paragraph:\n ``(2) Computation of geographic and value adjustment \n factor.--For purposes of subsection (b)(1)(C), for all \n physicians' services for each hospital referral area (as \n defined by the Secretary) the Secretary shall establish a \n geographic and value adjustment factor equal to the sum of the \n geographic cost-of-practice adjustment factor (specified in \n paragraph (3)), the geographic malpractice adjustment factor \n (specified in paragraph (4)), and the value adjustment factor \n (specified in paragraph (5)) for the service and the area.''; \n and\n (C) by striking paragraph (5) and inserting the \n following new paragraph:\n ``(5) Physician work value adjustment factor.--For purposes \n of paragraph (2), the `physician work value adjustment factor' \n for a service for a hospital referral area (as defined by the \n Secretary), is the product of--\n ``(A) the proportion of the total relative value \n for the service that reflects the relative value units \n for the work component; and\n ``(B) the value index score for the area, based on \n the value index established under paragraph (6).''.\n (c) Availability of Quality Component Prior to Implementation.--The \nSecretary of Health and Human Services shall make the quality component \ndescribed in section 1848(c)(6)(B) of the Social Security Act, as added \nby subsection (a), for each hospital referral area (as defined by the \nSecretary) available to the public by not later than July 1, 2011.\n (d) Effective Date.--Subject to subsection (e), the amendments made \nby this section shall apply to the Medicare physician fee schedule for \n2012 and each subsequent year.\n (e) Transition.--Notwithstanding the amendments made by the \npreceding provisions of this section, the Secretary of Health and Human \nServices shall provide for an appropriate transition to the amendments \nmade by this section. Under such transition, in the case of payments \nunder such fee schedule for services furnished during--\n (1) 2012, 25 percent of such payments shall be based on the \n amount of payment that would have applied to the services if \n such amendments had not been enacted and 75 percent of such \n payment shall be based on the amount of payment that would have \n applied to the services if such amendments had been fully \n implemented;\n (2) 2013, 50 percent of such payment shall be based on the \n amount of payment that would have applied to the services if \n such amendments had not been enacted and 50 percent of such \n payment shall be based on the amount of payment that would have \n applied to the services if such amendments had been fully \n implemented; and\n (3) 2014 and subsequent years, 100 percent of such payment \n shall be based on the amount of payment that is applicable \n under such amendments.","summary":"Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area.","title":"A bill to amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule.","text_len":13389,"sum_len":261} {"bill_id":"103_hr4621","text":"SECTION 1. NATIONAL ACADEMY OF SPACE.\n\n (a) Establishment of Academy.--The Administrator shall establish a \nNational Academy of Space for the instruction and preparation of \nselected individuals for service in a space-related capacity in the \nemploy of the United States or a United States corporation. The Academy \nshall consist of a program of instruction leading to baccalaureate \ndegrees in science, mathematics, and engineering at not less than 6 nor \nmore than 10 universities selected under subsection (b)(3), with \nuniform curriculum criteria established by the Board, in conjunction \nwith the Director. The Academy shall establish a permanent headquarters \nwithin 85 miles of an existing National Aeronautics and Space \nAdministration facility for its administrative staff and for use by the \nBoard.\n (b) Board.--\n (1) Membership.--The Administrator shall appoint a Board of \n the National Academy of Space (in this section referred to as \n the ``Board'') consisting of a broadly representative group of \n scientists, engineers, educators, and businessmen representing \n space-related industries, along with the president of each \n university selected under paragraph (3).\n (2) Functions.--The Board shall--\n (A) develop an exam for secondary students testing \n knowledge in science, mathematics, and engineering, or \n select an exam from among existing national exams, and \n annually administer such exam;\n (B) establish uniform curriculum criteria for \n Member Institutes;\n (C) provide for the placement at one of the Member \n Institutes of students awarded scholarships under this \n section at the Academy;\n (D) administer the awarding of such scholarships; \n and\n (E) establish a placement program to assist \n recipients of awards under this section in obtaining \n positions described in subsection (k)(1)(A).\n (3) Selection of universities for academy.--The Board shall \n select not less than 6 nor more than 10 State universities that \n are regional in scope and that have outstanding degree programs \n in science, mathematics, and engineering to be designated as \n Member Institutes of the Academy. The selections shall come \n from universities that have applied to the Board and that have \n demonstrated the willingness and capability to provide room, in \n a separate dormitory or portion of a dormitory, and board to \n scholarship winners and to offer the Academy's uniform \n curriculum.\n (c) Results of Exam.--The Board shall annually certify the top 10 \nscorers in each congressional district on the exam developed or \nselected under subsection (b)(2)(A), and award to the top 2 scorers in \neach State, and to the top scorer in each district who is not one of \nthe top 2 scorers in the State, a scholarship under this section.\n (d) Scholarships Authorized.--(1) The Board shall establish a \nscholarship program for students to attend the Academy who are willing \nto commit themselves to service described in subsection (k).\n (2) A student who satisfies the requirements of subsection (f)(1) \nmay receive a scholarship for a period of 1 academic year of \nundergraduate study at the Academy.\n (3) A student who satisfies the requirements of subsection (f)(2) \nmay receive additional scholarships, each awarded for a period of 1 \nacademic year, in order to complete his or her undergraduate course of \nstudy to a maximum of 3 such additional awards.\n (4) The individuals awarded scholarships under this section shall \nbe referred to as the ``Space Corps''.\n (e) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall \nbe disbursed on behalf of students who receive scholarships under this \nsection to the institutions of higher education at which the students \nare enrolled. No scholarship proceeds shall be disbursed on behalf of a \nstudent unless the student is enrolled at an institution of higher \neducation.\n (f) Eligibility.--\n (1) Initial eligibility.--Only individuals who are--\n (A) citizens or nationals of the United States, or \n aliens lawfully admitted to the United States for \n permanent residence;\n (B) majoring in the physical, life, or computer \n sciences, mathematics, or engineering; and\n (C) enrolled in an institution of higher education \n as a full-time undergraduate student (as determined by \n the institution of higher education),\n shall be eligible for awards under this section.\n (2) Requirements for continuation awards.--A student who \n has received a scholarship under this section may receive a \n continuation award under subsection (d)(3) for a subsequent \n academic year of undergraduate education if the student--\n (A) maintains a high level of academic achievement, \n as determined in accordance with the regulations of the \n Administrator;\n (B) continues to major in one of the physical, \n life, or computer sciences, mathematics, or \n engineering; and\n (C) continues to be enrolled at an institution of \n higher education as a full-time undergraduate student \n (as determined by the institution).\n (g) Waiver of Full-Time Attendance Requirement.--The Administrator \nmay waive the full-time attendance requirements in this section in \nunusual circumstances.\n (h) Failure To Meet Eligibility Requirements.--In the event that \nthe student fails to meet the requirements of this section, the \nstudent's eligibility to receive further scholarships (or scholarship \nproceeds) under this section shall be suspended in accordance with the \nregulations of the Administrator.\n (i) Reinstatement or Eligibility.--The Administrator shall \ndetermine circumstances under which eligibility of a scholarship \nrecipient under this section may be reinstated if the recipient seeks \nto reenter school after an interruption of schooling for personal \nreasons, including, but not limited to, pregnancy, child-rearing, and \nother family responsibilities.\n (j) Scholarship Amount.--\n (1) Amount of award.--Except as provided in paragraph (2), \n the amount of a scholarship awarded under this section shall \n cover the full tuition and fees of the student at the Academy.\n (2) Adjustments for insufficient appropriations.--In the \n event that funds available in a fiscal year are insufficient to \n fully fund all awards under this section, the amount paid to \n each student shall be reduced proportionately.\n (k) Service Requirement.--\n (1) Space scholarships.--Each recipient of an award under \n this section shall, as a condition of the receipt of such \n award, agree to complete 4 years of--\n (A) service in a space-related capacity in the \n employ of the United States or any corporation or other \n entity, organized under the laws of the United States \n or of a State of the United States, at least 50 percent \n of which is owned by United States nationals, and which \n is engaged in space-related research or endeavor;\n (B) postgraduate education in physical, life, or \n computer science, mathematics, or engineering at an \n institution of higher education; or\n (C) a combination of service and education \n described under subparagraphs (A) and (B).\n (2) Repayment obligation.--As part of the agreement \n required under paragraph (1), each recipient shall agree, in \n the event of failure to complete the service obligation \n described in paragraph (1), to repay an amount equal to--\n (A) the total amount of awards received by such \n individual under this section; plus\n (B) the interest on such amounts which would be \n payable if at the time the amounts were received the \n amounts were loans bearing interest at the maximum \n legal prevailing rate, as determined by the Treasurer \n of the United States.\n Such repayment shall be made within 1 year after the recipient \n has ceased to perform the service obligation described in \n paragraph (1).\n (3) Exceptions.--The Administrator may provide for the \n partial or total waiver or suspension of any service obligation \n or payment by an individual under this section in the same \n manner as is permitted under section 558 of the Higher \n Education Act of 1965 with respect to scholarships under \n subpart 1 of part D of title V of the Higher Education Act of \n 1965, except that pregnancy, child-rearing, or comparable \n family responsibilities shall also be grounds for deferral.\n (l) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n (1) $9,000,000 for fiscal year 1996, of which $5,000,000 \n shall be for the establishment of a permanent headquarters for \n the Academy pursuant to section 1(a);\n (2) $4,000,000 for fiscal year 1997;\n (3) $4,000,000 for fiscal year 1998;\n (4) $4,000,000 for fiscal year 1999; and\n (5) $4,000,000 for fiscal year 2000.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Administrator'' means the Administrator of \n the National Aeronautics and Space Administration;\n (2) the term ``institution of higher education'' has the \n meaning given such term in section 1201(a) of the Higher \n Education Act of 1965; and\n (3) the term ``State'' means each of the 50 States and any \n other Commonwealth, territory, or possession of the United \n States represented in the Congress by a Member or Delegate.","summary":"Directs the Administrator of the National Aeronautics and Space Administration to: (1) establish a National Academy of Space to prepare qualifying individuals for Government or US corporate space-related service. And (2) appoint a Board of the National Academy of Space whose functions shall include exam and curriculum development, scholarship and placement administration, and selection of State universities as Member Institutes of the Academy. Authorizes appropriations.","title":"To establish a National Academy of Space, and for other purposes.","text_len":10457,"sum_len":474} {"bill_id":"115_hr4433","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Department of Homeland \nSecurity Firearms Act of 2017'' or the ``Securing DHS Firearms Act of \n2017''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Department.--The term ``Department'' means the \n Department of Homeland Security.\n (2) Lost.--The term ``lost'' includes loss by theft.\n (3) Sensitive assets.--The term ``sensitive assets'' means \n any asset, regardless of value--\n (A) that the Department of Homeland Security issues \n to a Department employee; and\n (B) that either the Under Secretary for Management \n of the Department or a component head determines \n requires special control and accounting.\n (4) Under secretary for management.--The term ``Under \n Secretary for Management'' means the Under Secretary for \n Management of the Department of Homeland Security.\n\nSEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN \n RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.\n\n Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is \namended--\n (1) in subsection (a)(6), by inserting ``(including \n firearms and other sensitive assets)'' after ``equipment'';\n (2) by redesignating the second subsection (e) (relating to \n the definition of interoperable communications) as subsection \n (f); and\n (3) by amending such redesignated subsection (f) to read as \n follows:\n ``(f) Definitions.--In this section:\n ``(1) Interoperable communications.--The term \n `interoperable communications' has the meaning given such term \n in section 7303(g) of the Intelligence Reform and Terrorism \n Prevention Act of 2004 (6 U.S.C. 194(g)).\n ``(2) Sensitive assets.--The term `sensitive assets' means \n any asset, regardless of value--\n ``(A) that the Department of Homeland Security \n issues to a Department employee; and\n ``(B) that either the Under Secretary for \n Management of the Department or a component head \n determines requires special control and accounting.''.\n\nSEC. 4. MANAGEMENT DIRECTIVE.\n\n (a) Safeguarding Firearms and Sensitive Assets Directive.--\n (1) In general.--Not later than 120 days after the date of \n the enactment of this Act, the Under Secretary for Management \n shall develop and disseminate a Department-wide directive for \n achieving adequate security over firearms and other sensitive \n assets across the Department.\n (2) Contents.--The directive required under subsection (a) \n shall, at a minimum, include the following:\n (A) Descriptions of what equipment, in addition to \n firearms, is classified as a sensitive asset for the \n purpose of carrying out this Act.\n (B) Requirements for securing Department-issued \n firearms and other sensitive assets.\n (C) A classification system for all categories of \n Department-issued badges and corresponding requirements \n for safeguarding such assets.\n (D) Reporting requirements for lost firearms and \n other sensitive assets, including timelines for such \n reporting, to supervisors, local law enforcement, the \n Federal Bureau of Investigation's National Crime \n Information Center, and Department headquarters.\n (E) Recordkeeping requirements for lost firearms \n and other sensitive assets in inventory systems, \n including a timeline for recording such losses.\n (3) Review and update of directive.--Not later than 1 year \n after the issuance of the directive required under subsection \n (a) the Under Secretary for Management shall review and update, \n as necessary, such directive, including adding a requirement \n relating to recording in the inventory systems maintained by \n each component of the Department the acceptance or transfer of \n a firearm or other sensitive asset by such component.\n (b) Personal Property Asset Management Program Manual.--Together \nwith the issuance of the directive pursuant to subsection (a), the \nUnder Secretary for Management shall disseminate a revised version of \nthe Personal Property Asset Management Program Manual that includes the \nfollowing:\n (1) Requirements for component heads to develop procedures \n to safeguard firearms and other sensitive assets during on and \n off-duty time.\n (2) Requirements for the issuance of safety locking devices \n and policies on the use of such assets, as applicable.\n (3) Requirements for initial, recurrent, and remedial \n training on safeguarding such assets.\n (4) Examples, with detail, of how to report and record lost \n sensitive assets across components of the Department, and an \n enforcement mechanism to ensure supervisors maintain such \n records.\n (5) A requirement that the file maintained on a lost \n firearm or other sensitive asset contains both the \n corresponding police report and the Department report detailing \n the circumstances surrounding such loss, including information \n on adherence to safeguarding procedures.\n\nSEC. 5. COMPONENT RESPONSIBILITIES.\n\n Department component heads shall--\n (1) comply with Federal law, Federal regulations, executive \n branch guidance, and Department policy, including directives \n required by this Act, relating to the management and oversight \n of securing firearms and other sensitive assets;\n (2) review the need for non-law enforcement badges;\n (3) require component personnel to safeguard firearms and \n other sensitive assets in accordance with the directive issued \n by the Under Secretary for Management under section 4;\n (4) require that component personnel adhere to the \n procedures and timelines for properly reporting to supervisors \n lost firearms and other sensitive assets;\n (5) require that lost firearms and other sensitive assets \n are reported to local law enforcement, the Federal Bureau of \n Investigation's National Crime Information Center, and \n Department headquarters in the timeframe established in such \n directive; and\n (6) require that lost firearms and other sensitive assets \n are recorded in inventory systems in the timeframe established \n by such directive.\n\nSEC. 6. INSPECTOR GENERAL REVIEW.\n\n The Inspector General of the Department of Homeland Security shall, \non an ongoing basis, review implementation of this Act and, not later \nthan 180 days after issuance of the directive under section 4, submit \nto the Committee on Homeland Security of the House of Representatives \nand the Committee on Homeland Security and Governmental Affairs of the \nSenate a review of the progress and effectiveness of such directive, \nincluding an assessment of the adequacy of such directive, as well as \nthe level of compliance among the components of the Department to \nachieve adequate security of sensitive assets across Department \ncomponents.\n\n Passed the House of Representatives January 9, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Securing Department of Homeland Security Firearms Act of 2017 or the Securing DHS Firearms Act of 2017 This bill makes the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for the security of DHS firearms and other sensitive assets. quot, Sensitive assetsquot. Are defined as any asset, regardless of value, that DHS issues to a DHS employee and that the Under Secretary or a component head determines requires special control and accounting. The Under Secretary shall develop and disseminate a directive for achieving adequate security over such assets across DHS, which shall include: (1) descriptions of what equipment is classified as a sensitive asset, (2) requirements for securing such assets, (3) a classification system for all categories of DHS-issued badges and corresponding requirements for safeguarding such assets, and (4) reporting and record keeping requirements for lost assets . The Under Secretary shall update such directive within one year, including by adding a requirement relating to recording in the inventory systems maintained by each DHS component the acceptance or transfer of a sensitive asset. The Under Secretary shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes: requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on- and off-duty time. Requirements for the issuance of safety locking devices and policies on the use of such assets, requirements for training on safeguarding such assets. Instructions for reporting and recording lost sensitive assets and an enforcement mechanism to ensure that supervisors maintain such records. And a requirement that a file on a lost asset contain the DHS report and the corresponding police report. DHS components must: comply with federal law, executive branch guidance, and DHS policy regarding the management and oversight of securing sensitive assets, review the need for non-law enforcement badges. Require personnel to comply with requirements for safeguarding sensitive assets and reporting on lost assets. And require that lost assets are reported to local law enforcement, the National Crime Information Center, and DHS headquarters and recorded in inventory systems in the time frame established by the security directive. The Inspector General of DHS shall, on an ongoing basis, review implementation of this bill and report to Congress on the progress and effectiveness of the directive for safeguarding firearms and sensitive assets.","title":"Securing Department of Homeland Security Firearms Act of 2017","text_len":7841,"sum_len":2573} {"bill_id":"111_hr896","text":"SECTION 1. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``base closure law'' means the Defense Base \n Closure and Realignment Act of 1990 (part A of title XXIX of \n Public Law 101-510; 10 U.S.C. 2687 note) and title II of the \n Defense Authorization Amendments and Base Closure and \n Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);\n (2) the term ``closed military installation'' means a \n military installation closed or approved for closure pursuant \n to a base closure law;\n (3) the term ``designated refinery'' means a refinery \n designated under section 2(a);\n (4) the term ``Federal refinery authorization''--\n (A) means any authorization required under Federal \n law, whether administered by a Federal or State \n administrative agency or official, with respect to \n siting, construction, expansion, or operation of a \n refinery; and\n (B) includes any permits, special use \n authorizations, certifications, opinions, or other \n approvals required under Federal law with respect to \n siting, construction, expansion, or operation of a \n refinery;\n (5) the term ``refinery'' means--\n (A) a facility designed and operated to receive, \n load, unload, store, transport, process, and refine \n crude oil by any chemical or physical process, \n including distillation, fluid catalytic cracking, \n hydrocracking, coking, alkylation, etherification, \n polymerization, catalytic reforming, isomerization, \n hydrotreating, blending, and any combination thereof, \n in order to produce gasoline or other fuel; or\n (B) a facility designed and operated to receive, \n load, unload, store, transport, process, and refine \n coal by any chemical or physical process, including \n liquefaction, in order to produce gasoline, diesel, or \n other liquid fuel as its primary output;\n (6) the term ``Secretary'' means the Secretary of Energy; \n and\n (7) the term ``State'' means a State, the District of \n Columbia, the Commonwealth of Puerto Rico, and any other \n territory or possession of the United States.\n\nSEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.\n\n (a) Designation Requirement.--Not later than 90 days after the date \nof enactment of this Act, the President shall designate no less than 3 \nclosed military installations, or portions thereof, subject to \nsubsection (c)(2), that are appropriate for the purposes of siting a \nrefinery.\n (b) Analysis of Refinery Sites.--In considering any site for \npossible designation under subsection (a), the President shall conduct \nan analysis of--\n (1) the availability of crude oil supplies to the site, \n including supplies from domestic production of shale oil and \n tar sands and other strategic unconventional fuels;\n (2) the distribution of the Nation's refined petroleum \n product demand;\n (3) whether such site is in close proximity to substantial \n pipeline infrastructure, including both crude oil and refined \n petroleum product pipelines, and potential infrastructure \n feasibility;\n (4) the need to diversify the geographical location of the \n domestic refining capacity;\n (5) the effect that increased refined petroleum products \n from a refinery on that site may have on the price and supply \n of gasoline to consumers;\n (6) the impact of locating a refinery on the site on the \n readiness and operations of the Armed Forces; and\n (7) such other factors as the President considers \n appropriate.\n (c) Sale or Disposal.--\n (1) Designation.--Except as provided in paragraph (2), \n until the expiration of 2 years after the date of enactment of \n this Act, the Federal Government shall not sell or otherwise \n dispose of the military installations designated pursuant to \n subsection (a).\n (2) Governor's objection.--No site may be used for a \n refinery under this Act if, not later than 60 days after \n designation of the site under subsection (a), the Governor of \n the State in which the site is located transmits to the \n President an objection to the designation, unless, not later \n than 60 days after the President receives such objection, the \n Congress has by law overridden the objection.\n (d) Redevelopment Authority.--With respect to a closed military \ninstallation, or portion thereof, designated by the President as a \npotentially suitable refinery site pursuant to subsection (a)--\n (1) the redevelopment authority for the installation, in \n preparing or revising the redevelopment plan for the \n installation, shall consider the feasibility and practicability \n of siting a refinery on the installation; and\n (2) the Secretary of Defense, in managing and disposing of \n real property at the installation pursuant to the base closure \n law applicable to the installation, shall give substantial \n deference to the recommendations of the redevelopment \n authority, as contained in the redevelopment plan for the \n installation, regarding the siting of a refinery on the \n installation.\n\nSEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE.\n\n (a) Designation as Lead Agency.--\n (1) In general.--The Department of Energy shall act as the \n lead agency for the purposes of coordinating all applicable \n Federal refinery authorizations and related environmental \n reviews with respect to a designated refinery.\n (2) Other agencies.--Each Federal and State agency or \n official required to provide a Federal refinery authorization \n shall cooperate with the Secretary and comply with the \n deadlines established by the Secretary.\n (b) Schedule.--\n (1) Secretary's authority to set schedule.--The Secretary \n shall establish a schedule for all Federal refinery \n authorizations with respect to a designated refinery. In \n establishing the schedule, the Secretary shall--\n (A) ensure expeditious completion of all such \n proceedings; and\n (B) accommodate the applicable schedules \n established by Federal law for such proceedings.\n (2) Failure to meet schedule.--If a Federal or State \n administrative agency or official does not complete a \n proceeding for an approval that is required for a Federal \n refinery authorization in accordance with the schedule \n established by the Secretary under this subsection, the \n applicant may pursue remedies under subsection (d).\n (c) Consolidated Record.--The Secretary shall, with the cooperation \nof Federal and State administrative agencies and officials, maintain a \ncomplete consolidated record of all decisions made or actions taken by \nthe Secretary or by a Federal administrative agency or officer (or \nState administrative agency or officer acting under delegated Federal \nauthority) with respect to any Federal refinery authorization. Such \nrecord shall be the record for judicial review under subsection (d) of \ndecisions made or actions taken by Federal and State administrative \nagencies and officials, except that, if the Court determines that the \nrecord does not contain sufficient information, the Court may remand \nthe proceeding to the Secretary for further development of the \nconsolidated record.\n (d) Judicial Review.--\n (1) In general.--The United States Court of Appeals for the \n District of Columbia shall have original and exclusive \n jurisdiction over any civil action for the review of--\n (A) an order or action, related to a Federal \n refinery authorization, by a Federal or State \n administrative agency or official; and\n (B) an alleged failure to act by a Federal or State \n administrative agency or official acting pursuant to a \n Federal refinery authorization.\n The failure of an agency or official to act on a Federal \n refinery authorization in accordance with the Secretary's \n schedule established pursuant to subsection (b) shall be \n considered inconsistent with Federal law for the purposes of \n paragraph (2) of this subsection.\n (2) Court action.--If the Court finds that an order or \n action described in paragraph (1)(A) is inconsistent with the \n Federal law governing such Federal refinery authorization, or \n that a failure to act as described in paragraph (1)(B) has \n occurred, and the order, action, or failure to act would \n prevent the siting, construction, expansion, or operation of \n the designated refinery, the Court shall remand the proceeding \n to the agency or official to take appropriate action consistent \n with the order of the Court. If the Court remands the order, \n action, or failure to act to the Federal or State \n administrative agency or official, the Court shall set a \n reasonable schedule and deadline for the agency or official to \n act on remand.\n (3) Secretary's action.--For any civil action brought under \n this subsection, the Secretary shall promptly file with the \n Court the consolidated record compiled by the Secretary \n pursuant to subsection (c).\n (4) Expedited review.--The Court shall set any civil action \n brought under this subsection for expedited consideration.\n (5) Attorney's fees.--In any action challenging a Federal \n refinery authorization that has been granted, reasonable \n attorney's fees and other expenses of litigation shall be \n awarded to the prevailing party. This paragraph shall not apply \n to any action seeking remedies for denial of a Federal refinery \n authorization or failure to act on an application for a Federal \n refinery authorization.","summary":"Requires the President to designate not less than three closed military installations that are appropriate for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the US Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.","title":"To expedite the construction of new refining capacity on closed military installations in the United States, and for other purposes.","text_len":10612,"sum_len":490} {"bill_id":"107_hr4554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dual Incentive Education Act of \n2002''.\n\nSEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH \n EMPLOYEES.\n\n (a) In General.--The head of each employing office in the \nlegislative branch may make payments to an eligible employee of the \noffice to reimburse the employee for tuition and fees paid by the \nemployee to an institution of higher education during a semester for \nenrollment in a program of post-baccalaureate study leading to a \ngraduate degree.\n (b) Amount of Payment.--The amount of a payment made to an eligible \nemployee under this Act shall be equal to the amount of tuition and \nfees paid by the employee to the institution of higher education for \nthe semester (excluding any portion of such tuition and fees covered by \na scholarship or other type of financial assistance which does not \nconsist of a student loan), except that such amount may not exceed \n$3,000.\n\nSEC. 3. ELIGIBILITY OF EMPLOYEES.\n\n (a) In General.--For purposes of this section, an employee is \neligible to receive a payment under this Act if--\n (1) at the time the first payment is made to the employee \n under this Act, the employee has been continuously employed on \n a full-time basis by an employing office for not fewer than 12 \n consecutive months;\n (2) with respect to the semester for which the payment is \n made, the employee meets the student assistance eligibility \n requirements of section 484(a) of the Higher Education \n Assistance Act of 1965 (20 U.S.C. 1091(a));\n (3) with respect to the semester for which the payment is \n made, the employee provides the head of the employing office \n with a certification from the institution of higher education \n in which the employee is enrolled of the employee's enrollment \n in a graduate program and of the amount of tuition and fees \n paid by the employee to the institution;\n (4) the employee has not received a payment under this Act \n for enrollment in another program of post-baccalaureate study, \n except that nothing in this paragraph may be construed to \n prohibit an employee from receiving a payment for enrollment in \n a program leading to more than one graduate degree; and\n (5) the employee provides the office with such other \n information and assurances as the head of the office may \n require.\n (b) Treatment of Payments as Addition to Basic Pay.--Any payment \nmade to an eligible employee under this Act shall be in addition to \nbasic pay and any other form of compensation otherwise payable to the \nemployee involved.\n\nSEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT.\n\n An employing office which makes a payment under this Act to an \neligible employee with respect to a semester may make a payment under \nthis Act with respect to any semester occurring during the 12-month \nperiod which ends on the first day of the first semester for which a \npayment is made to the employee by such office under this Act if--\n (1) the payment is made with respect to the same program of \n post-baccalaureate study for which the first payment is made to \n the employee by such office under this Act; and\n (2) the employee meets the eligibility requirements of \n section 3 with respect to such semester.\n\nSEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION.\n\n The Secretary of Education shall assist employing offices in the \nlegislative branch in carrying out this Act.\n\nSEC. 6. EMPLOYING OFFICE DEFINED.\n\n The term ``employing office in the legislative branch'' means any \nof the following:\n (1) The personal office of a Member of the House of \n Representatives (including a Delegate or Resident Commissioner \n to the Congress).\n (2) A committee of the House of Representatives or a joint \n committee, except that the majority and minority office of such \n a committee shall each be considered as a separate employing \n office in the legislative branch.\n (3) Any other office headed by a person with the final \n authority to appoint, hire, discharge, and set the terms, \n conditions, or privileges of the employment of an employee of \n the House of Representatives.\n (4) The Office of the Architect of the Capitol.\n (5) The Capitol Police Board.\n (6) The Congressional Budget Office.\n (7) The General Accounting Office.\n (8) The Government Printing Office.\n (9) The Library of Congress (including the Congressional \n Research Service).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to each employing office \nsuch sums as may be necessary for making graduate study payments under \nthis Act in fiscal year 2003 and each succeeding fiscal year.","summary":"Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.","title":"To establish a program under which employees of the legislative branch may be reimbursed for the costs of graduate school tuition and fees, and for other purposes.","text_len":5019,"sum_len":570} {"bill_id":"107_hr822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Certified Registered Nurse \nFirst Assistant Direct Reimbursement Act of 2001''.\n\nSEC. 2. MEDICARE COVERAGE OF SURGICAL FIRST ASSISTING SERVICES OF \n CERTIFIED REGISTERED NURSE FIRST ASSISTANTS.\n\n (a) Services Covered.--Section 1861(s)(2) of the Social Security \nAct (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) \nof the Medicare, Medicaid, and SCHIP Benefits Improvement and \nProtection Act of 2000, as enacted into law by section 1(a)(6) of \nPublic Law 106-554, is amended--\n (1) by striking ``and'' at the end of subparagraph (U);\n (2) by inserting ``and'' at the end of subparagraph (V); \n and\n (3) by adding at the end the following new subparagraph:\n ``(W) surgical first assisting services (as defined in \n subsection (ww)(1)) furnished by a certified registered nurse \n first assistant (as defined in subsection (ww)(2));''.\n (b) Services Described.--Section 1861 of the Social Security Act \n(42 U.S.C. 1395x) , as amended by sections 102(b) and 105(b) of the \nMedicare, Medicaid, and SCHIP Benefits Improvement and Protection Act \nof 2000, as enacted into law by section 1(a)(6) of Public Law 106-554, \nis amended by adding at the end the following new subsection:\n\n ``Surgical First Assisting Services; Certified Registered Nurse First \n Assistant\n\n ``(ww)(1) The term `surgical first assisting services' means \nservices consisting of first assisting a physician with surgery and \nrelated preoperative, intraoperative, and postoperative care (as \ndetermined by the Secretary) furnished by a certified registered nurse \nfirst assistant (as defined in paragraph (2)) which the certified \nregistered nurse first assistant is legally authorized to perform by \nthe State in which the services are performed.\n ``(2) The term `certified registered nurse first assistant' means \nan individual who--\n ``(A) is a registered nurse and is licensed to practice \n nursing in the State in which the surgical first assisting \n services are performed;\n ``(B) has completed a minimum of 2,000 hours of first \n assisting a physician with surgery and related preoperative, \n intraoperative, and postoperative care; and\n ``(C) is certified as a registered nurse first assistant by \n an organization recognized by the Secretary.''.\n (c) Payment Amount.--Section 1833(a)(1) of the Social Security Act \n(42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) of \nthe Medicare, Medicaid, and SCHIP Benefits Improvement and Protection \nAct of 2000, as enacted into law by section 1(a)(6) of Public Law 106-\n554, is amended--\n (1) by striking ``and'' before ``(U)''; and\n (2) by inserting before the semicolon at the end the \n following: ``, and (V) with respect to surgical first assisting \n services (as defined in section 1861(ww)(1)) furnished by a \n certified registered nurse first assistant (as defined in \n section 1861(ww)(2)), the amount paid shall be 80 percent of \n the lesser of the actual charge for the services or 85 percent \n of the amount determined under the fee schedule established \n under section 1848(b) for the same services if furnished by a \n physician''.\n (d) Payments to Employers.--\n (1) In general.--Section 1833(r) of the Social Security Act \n (42 U.S.C. 1395l(r)) is amended--\n (A) in paragraph (1), by inserting ``or section \n 1861(s)(2)(W) (relating to surgical first assisting \n services)'' after ``clinical nurse specialist \n services)''; and\n (B) in paragraph (2), by striking \n ``1861(s)(2)(K)(ii)'' and inserting ``1861(s)(2)(K)(ii) \n or 1861(s)(2)(W)''.\n (2) Application of mandatory assignment rules.--Section \n 1842(b)(18)(C)(i) of such Act (42 U.S.C. 1395u(b)(18)(C)(i)) is \n amended by striking ``physician assistant, nurse practitioner, \n clinical nurse specialist'' and inserting ``physician \n assistant, nurse practitioner, clinical nurse specialist, or \n certified registered nurse first assistant''.\n (3) Exclusion from bundled payments for covered skilled \n nursing facility services.--Section 1888(e)(2)(A)(ii) of such \n Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting \n ``surgical first assisting services of a certified registered \n nurse first assistant,'' after ``services of a certified \n registered nurse anesthetist,''.\n (e) Reduction in Payments To Avoid Duplicate Payment.--\nNotwithstanding any other provision of law, the Secretary of Health and \nHuman Services may reduce the amount of payments otherwise made to \nhospitals under title XVIII of the Social Security Act (42 U.S.C. 1395 \net seq.) to eliminate estimated duplicate payments for historical or \ncurrent costs attributable to surgical first assisting services \nfurnished by certified registered nurse first assistants as described \nin section 1861(ww) of such Act (as added by subsection (a)).\n (f) Effective Date.--The amendments made by this section shall \napply to services furnished on or after the date of the enactment of \nthis Act.\n\nSEC. 3. STUDY OF PAYMENT RATES.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Secretary of Health and Human Services shall submit to \nCongress a report containing recommendations for adjustments to the \npayment amounts established under part B of title XVIII of the Social \nSecurity Act for surgical first assisting services furnished by \ncertified registered nurse first assistants (as described in section \n1861(ww) of such Act (as added by section 1(a)) to ensure that the \npayment amounts reflect the approximate costs of furnishing such \nservices, taking into account the costs of compensation, overhead, and \nsupervision attributable to certified registered nurse first \nassistants.","summary":"Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of surgical first assisting services furnished by certified registered nurse first assistants.","title":"To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program for surgical first assisting services of certified registered nurse first assistants.","text_len":6177,"sum_len":262} {"bill_id":"104_s1715","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Adoption Promotion Act of 1996''.\n\nSEC. 2. CREDIT FOR ADOPTION EXPENSES.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 22 the \nfollowing new section:\n\n``SEC. 23. ADOPTION EXPENSES.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year the amount of the qualified adoption expenses paid \nor incurred by the taxpayer with respect to the adoption of a child.\n ``(b) Limitations.--\n ``(1) Dollar limitation.--The aggregate amount of qualified \n adoption expenses which may be taken into account under \n subsection (a) with respect to the adoption of a child shall \n not exceed $5,000 ($7,500, in the case of a child with special \n needs).\n ``(2) Income limitation.--The amount allowable as a credit \n under subsection (a) for any taxable year shall be reduced (but \n not below zero) by an amount which bears the same ratio to the \n amount so allowable (determined without regard to this \n paragraph but with regard to paragraph (1)) as--\n ``(A) the amount (if any) by which the taxpayer's \n adjusted gross income (determined without regard to \n sections 911, 931, and 933) exceeds $65,000, bears to\n ``(B) $30,000.\n ``(3) Denial of double benefit.--\n ``(A) In general.--No credit shall be allowed under \n subsection (a) for any expense for which a deduction or \n credit is allowable under any other provision of this \n chapter.\n ``(B) Grants.--No credit shall be allowed under \n subsection (a) for any expense to the extent that funds \n for such expense are received under any Federal, State, \n or local program.\n ``(C) Reimbursement.--No credit shall be allowed \n under subsection (a) for any expense to the extent that \n such expense is reimbursed and the reimbursement is \n excluded from gross income under section 138.\n ``(c) Carryforwards of Unused Credit.--If the credit allowable \nunder subsection (a) for any taxable year exceeds the limitation \nimposed by section 26(a) for such taxable year reduced by the sum of \nthe credits allowable under this subpart (other than this section), \nsuch excess shall be carried to the succeeding taxable year and added \nto the credit allowable under subsection (a) for such taxable year. No \ncredit may be carried forward under this subsection to any taxable year \nfollowing the fifth taxable year after the taxable year in which the \ncredit arose. For purposes of the preceding sentence, credits shall be \ntreated as used on a first-in first-out basis.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Qualified adoption expenses.--The term `qualified \n adoption expenses' means--\n ``(A) reasonable and necessary adoption fees, court \n costs, attorney fees, and other expenses--\n ``(i) which are directly related to, and \n the principal purpose of which is for, the \n legal and finalized adoption of an eligible \n child by the taxpayer, and\n ``(ii) which are not incurred in violation \n of State or Federal law or in carrying out any \n surrogate parenting arrangement, and\n ``(B) in the case of the adoption of a child with \n special needs, any other expenses.\n ``(2) Expenses for adoption of spouse's child not \n eligible.--The term `qualified adoption expenses' shall not \n include any expenses in connection with the adoption by an \n individual of a child who is the child of such individual's \n spouse.\n ``(3) Eligible child.--The term `eligible child' means any \n individual who has not attained age 18 as of the time of the \n adoption.\n ``(4) Child with special needs.--The term `child with \n special needs' means any eligible child if--\n ``(A) a State has determined that the child cannot \n or should not be returned to the home of his parents, \n and\n ``(B) such State has determined that there exists \n with respect to the child a specific factor or \n condition (such as his ethnic background, age, or \n membership in a minority or sibling group, or the \n presence of factors such as medical conditions or \n physical, mental, or emotional handicaps) because of \n which it is reasonable to conclude that such child \n cannot be placed with adoptive parents without \n providing adoption assistance.\n ``(e) Married Couples Must File Joint Returns.--Rules similar to \nthe rules of paragraphs (2), (3), and (4) of section 21(e) shall apply \nfor purposes of this section.''.\n (b) Conforming Amendments.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 22 the \nfollowing new item:\n\n ``Sec. 23. Adoption expenses.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.\n\nSEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO \n PAY ADOPTION EXPENSES.\n\n (a) In General.--Paragraph (2) of section 72(t) of the Internal \nRevenue Code of 1986 (relating to exceptions to 10-percent additional \ntax on early distributions from qualified retirement plans) is amended \nby adding at the end the following new subparagraph:\n ``(D) Distributions from certain plans for adoption \n expenses.--Distributions to an individual from an \n individual retirement plan of so much of the qualified \n adoption expenses (as defined in section 23(d)) of the \n individual as does not exceed $2,000.''.\n (b) Conforming Amendment.--Subparagraph (B) of section 72(t)(2) of \nthe Internal Revenue Code of 1986 is amended by striking ``or (C)'' and \ninserting ``, (C) or (D)''.\n (c) Effective Date.--The amendments made by this section shall \napply to payments and distributions after December 31, 1995.\n\nSEC. 4. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION \n ASSISTANCE PROGRAMS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by redesignating section 137 as section \n138 and by inserting after section 136 the following new section:\n\n``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.\n\n ``(a) In General.--Gross income of an employee does not include \namounts paid or expenses incurred by the employer for qualified \nadoption expenses in connection with the adoption of a child by an \nemployee if such amounts are furnished pursuant to an adoption \nassistance program.\n ``(b) Limitations.--\n ``(1) Dollar limitation.--The aggregate amount excludable \n from gross income under subsection (a) for all taxable years \n with respect to the adoption of any single child by the \n taxpayer shall not exceed $5,000 ($7,500, in the case of a \n child with special needs (as defined in section 23(d)(4))).\n ``(2) Income limitation.--The amount excludable from gross \n income under subsection (a) for any taxable year shall be \n reduced (but not below zero) by an amount which bears the same \n ratio to the amount so excludable (determined without regard to \n this paragraph but with regard to paragraph (1)) as--\n ``(A) the amount (if any) by which the taxpayer's \n adjusted gross income (determined without regard to \n this section and sections 911, 931, and 933) exceeds \n $75,000, bears to\n ``(B) $40,000.\n ``(c) Adoption Assistance Program.--For purposes of this section, \nan adoption assistance program is a plan of an employer--\n ``(1) under which the employer provides employees with \n adoption assistance, and\n ``(2) which meets requirements similar to the requirements \n of paragraphs (2), (3), and (5) of section 127(b).\nAn adoption reimbursement program operated under section 1052 of title \n10, United States Code (relating to armed forces) or section 514 of \ntitle 14, United States Code (relating to members of the Coast Guard) \nshall be treated as an adoption assistance program for purposes of this \nsection.\n ``(d) Qualified Adoption Expenses.--For purposes of this section, \nthe term `qualified adoption expenses' has the meaning given such term \nby section 23(d).''.\n (b) Conforming Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by striking the item relating to section 137 and inserting the \nfollowing:\n\n ``Sec. 137. Adoption assistance programs.\n ``Sec. 138. Cross reference to other \n Acts.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.","summary":"Adoption Promotion Act of 1996 - Amends the Internal Revenue Code to allow an individual a tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income. Permits unused credit to be carried forward to the succeeding taxable year on a first-in first-out basis, but prohibits carrying forward credit to any taxable year following the fifth taxable year after the taxable year in which the credit arose. Allows distributions from an individual retirement plan to be used without penalty to pay for adoption expenses. Excludes from gross income aggregate amounts of up to $5,000 paid or expenses incurred by the employee for qualified adoption expenses in connection with the adoption of a child if such amounts are received under an employer's adoption assistance program. Provides a limitation based on modified adjusted gross income.","title":"Adoption Promotion Act of 1996","text_len":9926,"sum_len":933} {"bill_id":"107_hr5646","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Taking Our Health Privacy \n(STOHP) Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) People in the United States are deeply concerned about \n the confidentiality of their health information. According to a \n recent survey conducted by the Princeton Survey Research \n Associates, 1 in 6 people in the United States has done \n something out of the ordinary to keep personal health \n information confidential, including withholding information, \n providing inaccurate information, or, in some cases, avoiding \n care entirely.\n (2) Pursuant to the Health Insurance Portability and \n Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936 \n et seq.) (commonly referred to as ``HIPAA''), the Clinton \n Administration issued comprehensive medical privacy regulations \n which were promulgated in final form in December 2000.\n (3) Such regulations established a sound foundation of \n privacy protections by prohibiting the use or disclosure of an \n individual's health information unless specifically authorized \n by the regulations or by the individual. The regulations also \n provided individuals with the right to be notified of the \n privacy practices of health plans, health care providers, and \n health care clearinghouses regarding disclosure of their health \n information, the right to access and copy their own health \n records, and the right to request corrections of their health \n records, among other provisions.\n (4) Such regulations took effect in April 2001 and require \n health care providers, health plans (other than small health \n plans) and health care clearinghouses to comply not later than \n April 2003.\n (5) In August 2002, the Bush Administration issued a final \n rule that significantly weakened medical privacy protections in \n the December 2000 medical privacy rule.\n (6) The Bush Administration undermined medical privacy \n protections by eliminating the rule's requirement that covered \n entities obtain patient consent before using and disclosing \n patient health information for treatment, payment, and health \n care operations. This change means that patients' medical \n records can be used and disclosed without their permission for \n a wide range of purposes including business activities that \n have nothing to do with the treatment of a patient, such as the \n sale or merger of a health maintenance organization. This \n change also allows the use and disclosure of information in \n existing medical records even though patients disclosed the \n information with the understanding and expectation that it \n would not be further used or disclosed without their consent. \n The elimination of consent compromises the confidentiality at \n the heart of physician-patient relationships, which is \n indispensable for the delivery of high-quality, thorough care.\n (7) The Bush Administration also undermined medical privacy \n protections by expanding the circumstances under which \n patients' information can be shared without their knowledge or \n consent to include activities that consumers typically consider \n marketing. This change was accomplished by narrowing the scope \n of activities that are regulated by the provisions of the rule \n governing marketing. Under this change, pharmacies and other \n providers can use a consumer's medical information without \n consent to mail the consumer unsolicited drug product \n recommendations, without having to disclose fees paid by drug \n companies for sending such communications or provide the \n consumer an opportunity to decline to receive such \n communications in the future.\n (8) The Bush Administration further undermined medical \n privacy protections by changing the language in the section of \n the rule governing public health to allow the disclosure of \n medical information without patient permission to entities \nregulated by the Food and Drug Administration, such as pharmaceutical \ncompanies and medical device manufacturers, for an expanded and broad \nrange of purposes which may include marketing campaigns. In contrast, \nthe December 2000 rule allowed nonconsensual disclosure of patient \nhealth information for an exclusive list of public health related \nactivities, such as for the purpose of reporting serious side effects \nfrom a prescription drug to the Food and Drug Administration.\n (9) Reversal of the Bush Administration's changes to the \n December 2000 medical privacy rule is integral to any effort to \n ensure medical privacy protection for consumers and preserve \n access to high-quality health care in the United States.\n (10) Core medical privacy protections of the December 2000 \n medical privacy rule should be restored by--\n (A) reinstating the patient consent requirement for \n treatment, payment, and health care operations, while \n ensuring that the requirement does not impede important \n health care activities such as filling pharmaceutical \n prescriptions and making referrals;\n (B) returning to the December 2000 definition of \n ``marketing'' and thus ensuring that activities \n typically considered marketing, such as drug companies \n paying pharmacies to send product recommendations to \n patients, fall under the rule's privacy protections \n relating to the use of patient health information for \n marketing activities; and\n (C) eliminating the broad ``public health'' \n exemption created by the August 2002 rule.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to restore patient privacy protections \nessential for high-quality health care that were undermined by the Bush \nAdministration's August 2002 modifications of the December 2000 medical \nprivacy rule.\n\nSEC. 4. RESTORATION OF PRIVACY PROTECTIONS.\n\n (a) Consent for Uses or Disclosures To Carry Out Treatment, \nPayment, or Health Care Operations.--\n (1) In general.--The modifications made to section 164.506 \n of title 45, Code of Federal Regulations, by the August 2002 \n medical privacy rule shall have no force or effect.\n (2) Clarification regarding instances when consent is not \n required.--In addition to the circumstances described in the \n December 2000 medical privacy rule, and notwithstanding any \n provision to the contrary, such section 164.506 shall be \n construed and applied so as to permit a health care provider to \n use or disclose an individual's protected health information \n without obtaining the prior consent of the individual in the \n following circumstances:\n (A) A health care provider may use or disclose an \n individual's protected health information to fill or \n dispense a prescription, search for drug interactions \n related to that prescription, and determine eligibility \n and obtain authorization for payment regarding that \n prescription, if the health care provider obtains \n written consent from the individual as soon as \n practicable.\n (B) A health care provider may use or disclose an \n individual's protected health information to carry out \n treatment of that individual if--\n (i) the individual and the health care \n provider have not had in-person communication \n regarding such treatment;\n (ii) obtaining consent would be \n impracticable;\n (iii) the health care provider determines, \n in the exercise of professional judgment, that \n the individual's consent is clearly inferred \n from the circumstances, such as an order or \n referral from another health care provider; and\n (iv) the health care provider obtains \n written consent from the individual as soon as \n practicable.\n (b) Marketing.--\n (1) In general.--The modifications made by the August 2002 \n medical privacy rule to the definition of the term \n ``marketing'' in section 164.501 of title 45, Code of Federal \n Regulations, shall have no force or effect.\n (2) Treatment of certain communications.--The exception for \n oral communications in paragraph (2)(i) of the definition of \n the term ``marketing'' in section 164.501 of title 45, Code of \n Federal Regulations, as contained in the December 2000 medical \n privacy rule, shall have no force or effect.\n (3) Authorizations for marketing.--Section 164.508 of title \n 45, Code of Federal Regulations, shall be construed and applied \n so as to require that, if an authorization is required for a \n use or disclosure for marketing, the authorization shall be \n considered invalid unless it--\n (A) uses the term ``marketing'';\n (B) states that the purpose of the use or \n disclosure involved is marketing;\n (C) describes the specific marketing uses and \n disclosures authorized, including whether the protected \n health information involved--\n (i) may be used for purposes internal to \n the covered entity;\n (ii) may be disclosed to, and used by, a \n business associate of the covered entity; and\n (iii) may be disclosed to, and used by, any \n person or entity other than a business \n associate of the covered entity; and\n (D) states that the use or disclosure of protected \n health information for marketing will directly result \n in remuneration to the covered entity from a third \n party, in any case in which a covered entity expects, \n or reasonably should expect, that such remuneration \n will occur.\n (c) Public Health.--The modifications made to section \n164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the \nAugust 2002 medical privacy rule shall have no force or effect.\n\nSEC. 5. DEFINITIONS; EFFECTIVE DATE.\n\n (a) In General.--For purposes of this Act:\n (1) December 2000 medical privacy rule.--The term \n ``December 2000 medical privacy rule'' means the final rule on \n standards for privacy of individually identifiable health \n information published on December 28, 2000, in the Federal \n Register (65 Fed. Reg. 82462), including the provisions of \n title 45, Code of Federal Regulations, revised or added by such \n rule.\n (2) August 2002 medical privacy rule.--The term ``August \n 2002 medical privacy rule'' means the final rule, published on \n August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), \n that modified the December 2000 medical privacy rule.\n (b) Other Terms Defined.--For purposes of this Act:\n (1) Business associate; covered entity; health care \n provider.--The terms ``business associate'', ``covered \n entity'', and ``health care provider'' shall have the meaning \n given such terms in section 160.103 of title 45, Code of \n Federal Regulations, as contained in the December 2000 medical \n privacy rule.\n (2) Disclosure; individual, protected health information; \n treatment; use.--The terms ``disclosure'', ``individual'', \n ``protected health information'', ``treatment'', and ``use'' \n shall have the meaning given such terms in section 164.501 of \n title 45, Code of Federal Regulations, as contained in the \n December 2000 medical privacy rule.\n (c) Effective Date; No Regulations Required.--This Act shall take \neffect on the date of the enactment of this Act and does not require \nthe issuance of regulations.","summary":"Stop Taking Our Health Privacy (STOHP) Act of 2002 - Declares that modifications made by an August 14, 2002, final rule affecting medical privacy to a Code of Federal Regulations (CFR) section concerning consent for uses or disclosures to carry out treatment, payment, or health care operations shall have no force or effect. Directs that such CFR section shall be construed and applied to permit a health care provider to use or disclose an individual's protected health information without prior consent under specified circumstances, provided that the provider obtains written consent from the individual as soon as practicable. Declares that a CFR section dealing with uses and disclosures for which an authorization is required shall be construed and applied so that an authorization shall be invalid unless it meets specified criteria, including that it describes the specific marketing uses and disclosures authorized. States that the modifications made by the August 14 final rule dealing with permitted disclosures for public health activities shall have no force or effect.","title":"To restore standards to protect the privacy of individually identifiable health information that were weakened by the August 2002 modifications, and for other purposes.","text_len":12903,"sum_len":1083} {"bill_id":"111_s2765","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Health Information \nTechnology Financing Act of 2009''.\n\nSEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.\n\n The Small Business Act (15 U.S.C. 631 et seq.) is amended--\n (1) by redesignating section 44 as section 45; and\n (2) by inserting after section 43 the following:\n\n``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `cost' has the meaning given that term in \n section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. \n 661a);\n ``(2) the term `eligible professional' means--\n ``(A) a physician (as defined in section 1861(r) of \n the Social Security Act (42 U.S.C. 1395x(r)));\n ``(B) a practitioner described in section \n 1842(b)(18)(C) of the Social Security Act (42 U.S.C. \n 1395u(b)(18)(C));\n ``(C) a physical or occupational therapist;\n ``(D) a qualified speech-language pathologist (as \n defined in section 1861(ll)(4)(A) of the Social \n Security Act (42 U.S.C. 1395x(ll)(4)(A));\n ``(E) a qualified audiologist (as defined in \n section 1861(ll)(4)(B) of the Social Security Act (42 \n U.S.C. 1395x(ll)(4)(B));\n ``(F) a qualified medical transcriptionist;\n ``(G) a State-licensed pharmacist;\n ``(H) a State-licensed supplier of durable medical \n equipment, prosthetics, orthotics, or supplies; and\n ``(I) a State-licensed, a State-certified, or a \n nationally accredited home health care provider;\n ``(3) the term `health information technology'--\n ``(A) means computer hardware, software, and \n related technology that--\n ``(i) supports the requirements for being \n treated as a meaningful EHR user (as described \n in section 1848(o)(2)(A) of the Social Security \n Act (42 U.S.C. 1395w-4(o)(2)(A))) and is \n purchased by an eligible professional to aid in \n the provision of health care in a health care \n setting, including electronic medical records; \n and\n ``(ii) provides for--\n ``(I) enhancement of continuity of \n care for patients through electronic \n storage, transmission, and exchange of \n relevant personal health data and \n information, such as ensuring that this \n information is accessible at the times \n and places where clinical decisions \n will be or are likely to be made;\n ``(II) enhancement of communication \n between patients and health care \n providers;\n ``(III) improvement of quality \n measurement by eligible professionals \n enabling the eligible professionals to \n collect, store, measure, and report on \n the processes and outcomes of \n individual and population performance \n and quality of care;\n ``(IV) improvement of evidence-\n based decision support; or\n ``(V) enhancement of consumer and \n patient empowerment; and\n ``(B) does not include information technology the \n sole use of which is financial management, maintenance \n of inventory of basic supplies, or appointment \n scheduling;\n ``(4) the term `qualified eligible professional' means an \n eligible professional whose office is a small business concern; \n and\n ``(5) the term `qualified medical transcriptionist' means a \n specialist in medical language and the healthcare documentation \n process who--\n ``(A) interprets and transcribes dictation by \n physicians and other healthcare professionals to ensure \n accurate, complete, and consistent documentation of \n healthcare encounters; and\n ``(B) is certified by or registered with the \n Association for Healthcare Documentation Integrity, or \n a successor association thereto.\n ``(b) Loan Guarantees for Qualified Eligible Professionals.--\n ``(1) In general.--Subject to paragraph (2), the \n Administrator may guarantee not more than 90 percent of a loan \n made to a qualified eligible professional for the acquisition \n of health information technology for use in the medical \n practice of the qualified eligible professional and for the \n costs associated with the installation of the health \n information technology. Except as otherwise provided in this \n section, a loan guaranteed under this section shall be made on \n the same terms and conditions as a loan made under section \n 7(a).\n ``(2) Limitations on guarantee amounts.--The maximum amount \n of loan principal guaranteed under this subsection may not be \n more than--\n ``(A) $350,000 with respect to any 1 qualified \n eligible professional; and\n ``(B) $2,000,000 with respect to 1 group of \n affiliated qualified eligible professionals.\n ``(c) Fees.--\n ``(1) In general.--The Administrator may--\n ``(A) impose a guarantee fee on a qualified \n eligible professional for the purpose of reducing the \n cost of the guarantee to zero in an amount not to \n exceed 2 percent of the total guaranteed portion of any \n loan guaranteed under this section; and\n ``(B) impose an annual servicing fee on a lender \n making a loan guaranteed under this section of not more \n 0.5 percent of the outstanding balance of the \n guaranteed portion of loans by the lender guaranteed \n under this section.\n ``(2) No fees by lenders.--No service fees, processing \n fees, origination fees, application fees, points, brokerage \n fees, bonus points, or other fees may be charged to a loan \n applicant or recipient by a lender relating to a loan \n guaranteed under this section.\n ``(d) Deferral Period.--A loan guaranteed under this section shall \ncarry a deferral period of not less than 1 year and not more than 3 \nyears. The Administrator may subsidize interest during the period for \nwhich a loan guaranteed under this section is deferred.\n ``(e) Effective Date.--The Administrator may not guarantee a loan \nunder this section until the meaningful EHR use requirements have been \ndetermined by the Secretary of Health and Human Services.\n ``(f) Sunset.--The Administrator may not guarantee a loan under \nthis section after the date that is 7 years after meaningful EHR use \nrequirements have been determined by the Secretary of Health and Human \nServices.\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary for the cost of guaranteeing \n$10,000,000,000 in loans under this section. The Administrator shall \ndetermine the cost of guaranteeing loans under this section separately \nand distinctly from other programs operated by the Administrator.''.","summary":"Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90 of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term health information technology to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling.","title":"A bill to amend the Small Business Act to authorize loan guarantees for health information technology.","text_len":8216,"sum_len":912} {"bill_id":"111_s3753","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Preventing \nUnemployment Act of 2010''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Treatment of short-time compensation programs.\nSec. 3. Temporary financing of certain short-time compensation \n payments.\nSec. 4. Temporary Federal short-time compensation.\nSec. 5. Grants for implementation of State short-time compensation \n programs.\nSec. 6. Assistance and guidance in implementing programs.\nSec. 7. Reports.\n\nSEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.\n\n (a) Definition.--\n (1) In general.--Section 3306 of the Internal Revenue Code \n of 1986 (26 U.S.C. 3306) is amended by adding at the end the \n following new subsection:\n ``(v) Short-Time Compensation Program.--For purposes of this \nchapter, the term `short-time compensation program' means a program \nunder which--\n ``(1) the participation of an employer is voluntary;\n ``(2) an employer reduces the number of hours worked by \n employees in lieu of temporary layoffs;\n ``(3) such employees whose workweeks have been reduced by \n at least 10 percent, and by not more than the percentage, if \n any, that is determined by the State to be appropriate, are \n eligible for unemployment compensation;\n ``(4) the amount of unemployment compensation payable to \n any such employee is a pro rata portion of the unemployment \n compensation which would be payable to the employee if such \n employee were totally unemployed;\n ``(5) such employees are not expected to meet the \n availability for work or work search test requirements while \n collecting short-time compensation benefits, but are required \n to be available for their normal workweek;\n ``(6) eligible employees may participate, as appropriate, \n in an employer-sponsored training program to enhance job skills \n if such program has been approved by the State agency;\n ``(7) the State agency shall require an employer to certify \n that the employer will continue to provide health benefits and \n retirement benefits under a defined benefit plan (as defined in \n section 414(j)) and contributions under a defined contribution \n plan (as defined in section 414(i)) to any employee whose \n workweek is reduced under the program under the same terms and \n conditions as though the workweek of such employee had not been \n reduced;\n ``(8) the State agency shall require an employer (or an \n employer's association which is party to a collective \n bargaining agreement) to submit a written plan describing the \n manner in which the requirements of this subsection will be \n implemented and containing such other information as the \n Secretary of Labor determines is appropriate;\n ``(9) in the case of employees represented by a union, the \n appropriate official of the union has agreed to the terms of \n the employer's written plan and implementation is consistent \n with employer obligations under the National Labor Relations \n Act; and\n ``(10) only such other provisions are included in the State \n law as the Secretary of Labor determines appropriate for \n purposes of a short-term compensation program.''.\n (2) Effective date.--\n (A) In general.--Except as provided in subparagraph \n (B), the amendment made by paragraph (1) shall take \n effect on the date of the enactment of this Act.\n (B) Delay permitted.--In the case of a State that \n is administering a short-time compensation program as \n of the date of the enactment of this Act and the State \n law cannot be administered consistent with the \n amendment made by paragraph (1), such amendment shall \n take effect on the earlier of--\n (i) the date the State changes its State \n law in order to be consistent with such \n amendment; or\n (ii) the date that is 2 years after the \n date of the enactment of this Act.\n (b) Conforming Amendments.--\n (1) Internal revenue code of 1986.--\n (A) Subparagraph (E) of section 3304(a)(4) of the \n Internal Revenue Code of 1986 is amended to read as \n follows:\n ``(E) amounts may be withdrawn for the payment of \n short-time compensation under a short-time compensation \n program (as defined under section 3306(v));''.\n (B) Subsection (f) of section 3306 of the Internal \n Revenue Code of 1986 is amended--\n (i) by striking paragraph (5) (relating to \n short-term compensation) and inserting the \n following new paragraph:\n ``(5) amounts may be withdrawn for the payment of short-\n time compensation under a short-time compensation program (as \n defined in subsection (v)); and''; and\n (ii) by redesignating paragraph (5) \n (relating to self-employment assistance \n program) as paragraph (6).\n (2) Social security act.--Section 303(a)(5) of the Social \n Security Act is amended by striking ``the payment of short-time \n compensation under a plan approved by the Secretary of Labor'' \n and inserting ``the payment of short-time compensation under a \n short-time compensation program (as defined in section 3306(v) \n of the Internal Revenue Code of 1986)''.\n (3) Unemployment compensation amendments of 1992.--\n Subsections (b) through (d) of section 401 of the Unemployment \n Compensation Amendments of 1992 (26 U.S.C. 3304 note) are \n repealed.\n\nSEC. 3. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION \n PAYMENTS.\n\n (a) Payments to States.--\n (1) In general.--Subject to paragraph (3), there shall be \n paid to a State an amount equal to 100 percent of the amount of \n short-time compensation paid under a short-time compensation \n program (as defined in section 3306(v) of the Internal Revenue \n Code of 1986, as added by section 2(a)) under the provisions of \n the State law. Notwithstanding section 2(a)(2), a State \n administering a short-term compensation program as of the date \n of the enactment of this Act shall not be eligible to receive \n payments under this section until the program administered by \n such State meets the requirements of section 3306(v) of the \n Internal Revenue Code of 1986 (as so added). Payments shall \n also be made for additional State administrative expenses \n incurred (as determined by the Secretary).\n (2) Terms of payments.--Payments made to a State under \n paragraph (1) shall be payable by way of reimbursement in such \n amounts as the Secretary estimates the State will be entitled \n to receive under this section for each calendar month, reduced \n or increased, as the case may be, by any amount by which the \n Secretary finds that the Secretary's estimates for any prior \n calendar month were greater or less than the amounts which \n should have been paid to the State. Such estimates may be made \n on the basis of such statistical, sampling, or other method as \n may be agreed upon by the Secretary and the State agency of the \n State involved.\n (3) Limitations on payments.--\n (A) General payment limitations.--No payments shall \n be made to a State under this section for benefits paid \n to an individual by the State in excess of 26 weeks of \n benefits.\n (B) Employer limitations.--No payments shall be \n made to a State under this section for benefits paid to \n an individual by the State under a short-time \n compensation program if such individual is employed by \n an employer--\n (i) whose workforce during the 3 months \n preceding the date of the submission of the \n employer's short-time compensation plan has \n been reduced by temporary layoffs of more than \n 20 percent; or\n (ii) on a seasonal, temporary, or \n intermittent basis.\n (b) Applicability.--Payments to a State under subsection (a) shall \nbe available for weeks of unemployment--\n (1) beginning on or after the date of the enactment of this \n Act; and\n (2) ending on or before the date that is 3 years after the \n date of the enactment of this Act.\n (c) Funding and Certifications.--\n (1) Funding.--There are appropriated, out of moneys in the \n Treasury not otherwise appropriated, such sums as may be \n necessary for purposes of carrying out this section.\n (2) Certifications.--The Secretary shall from time to time \n certify to the Secretary of the Treasury for payment to each \n State the sums payable to such State under this section.\n (d) Definitions.--In this section:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (2) State; state agency; state law.--The terms ``State'', \n ``State agency'', and ``State law'' have the meanings given \n those terms in section 205 of the Federal-State Extended \n Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).\n\nSEC. 4. TEMPORARY FEDERAL SHORT-TIME COMPENSATION.\n\n (a) Federal-State Agreements.--\n (1) In general.--Any State which desires to do so may enter \n into, and participate in, an agreement under this section with \n the Secretary provided that such State's law does not provide \n for the payment of short-time compensation under--\n (A) a short-time compensation program (as defined \n in section 3306(v) of the Internal Revenue Code of \n 1986, as added by section 2(a)); or\n (B) subsections (b) through (d) of section 401 of \n the Unemployment Compensation Amendments Act of 1992, \n as in effect on the day before the date of the \n enactment of this Act.\n (2) Ability to terminate.--Any State which is a party to an \n agreement under this section may, upon providing 30 days' \n written notice to the Secretary, terminate such agreement.\n (b) Provisions of Federal-State Agreement.--\n (1) In general.--Any agreement under this section shall \n provide that the State agency of the State will make payments \n of short-time compensation under a plan approved by the State. \n Such plan shall provide that payments are made in accordance \n with the requirements under section 3306(v) of the Internal \n Revenue Code of 1986, as added by section 2(a).\n (2) Limitations on plans.--\n (A) General payment limitations.--A short-time \n compensation plan approved by a State shall not permit \n the payment of short-time compensation in excess of 26 \n weeks.\n (B) Employer limitations.--A short-time \n compensation plan approved by a State shall not provide \n payments to an individual if such individual is \n employed by an employer--\n (i) whose workforce during the 3 months \n preceding the date of the submission of the \n employer's short-time compensation plan has \n been reduced by temporary layoffs of more than \n 20 percent; or\n (ii) on a seasonal, temporary, or \n intermittent basis.\n (3) Employer payment of costs.--Any short-time compensation \n plan entered into by an employer must provide that the employer \n will pay the State an amount equal to one-half of the amount of \n short-time compensation paid under such plan. Such amount shall \n be deposited in the State's unemployment fund and shall not be \n used for purposes of calculating an employer's contribution \n rate under section 3303(a)(1) of the Internal Revenue Code of \n 1986.\n (c) Payments to States.--\n (1) In general.--There shall be paid to each State with an \n agreement under this section an amount equal to--\n (A) one-half of the amount of short-time \n compensation paid to individuals by the State pursuant \n to such agreement; and\n (B) any additional administrative expenses incurred \n by the State by reason of such agreement (as determined \n by the Secretary).\n (2) Terms of payments.--Payments made to a State under \n paragraph (1) shall be payable by way of reimbursement in such \n amounts as the Secretary estimates the State will be entitled \n to receive under this section for each calendar month, reduced \n or increased, as the case may be, by any amount by which the \n Secretary finds that the Secretary's estimates for any prior \n calendar month were greater or less than the amounts which \n should have been paid to the State. Such estimates may be made \n on the basis of such statistical, sampling, or other method as \n may be agreed upon by the Secretary and the State agency of the \n State involved.\n (3) Funding.--There are appropriated, out of moneys in the \n Treasury not otherwise appropriated, such sums as may be \n necessary for purposes of carrying out this section.\n (4) Certifications.--The Secretary shall from time to time \n certify to the Secretary of the Treasury for payment to each \n State the sums payable to such State under this section.\n (d) Applicability.--An agreement entered into under this section \nshall apply to weeks of unemployment--\n (1) beginning on or after the date on which such agreement \n is entered into; and\n (2) ending on or before the date that is 2 years after the \n date of the enactment of this Act.\n (e) Transition Rule.--If a State has entered into an agreement \nunder this section and subsequently enacts a State law providing for \nthe payment of short-time compensation under a short-time compensation \nprogram (as defined in section 3306(v) of the Internal Revenue Code of \n1986, as added by section 2(a)), the State shall not be eligible for \npayments under this section for weeks of unemployment beginning after \nthe effective date of such State law.\n (f) Definitions.--In this section:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (2) State; state agency; state law.--The terms ``State'', \n ``State agency'', and ``State law'' have the meanings given \n those terms in section 205 of the Federal-State Extended \n Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).\n\nSEC. 5. GRANTS FOR IMPLEMENTATION OF STATE SHORT-TIME COMPENSATION \n PROGRAMS.\n\n (a) Grants.--\n (1) In general.--The Secretary shall award start-up grants \n to State agencies--\n (A) in States that enact short-time compensation \n programs (as defined in section 3306(v) of the Internal \n Revenue Code of 1986, as added by section 2(a)) on or \n after May 1, 2010, for the purpose of creating such \n programs; and\n (B) that apply for such grants not later than \n September 30, 2012.\n (2) Amount.--The amount of a grant awarded under paragraph \n (1) shall be an amount determined by the Secretary based on the \n costs of implementing a short-time compensation program.\n (3) Only 1 grant per state.--A State agency is only \n eligible to receive 1 grant under this section.\n (b) Funding.--There are appropriated, out of moneys in the Treasury \nnot otherwise appropriated, such sums as may be necessary for purposes \nof carrying out this section.\n (c) Reporting.--The Secretary may establish reporting requirements \nfor State agencies receiving a grant under this section in order to \nprovide oversight of grant funds used by States for the creation of the \nshort-time compensation programs.\n (d) Definitions.--In this section:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (2) State; state agency.--The terms ``State'' and ``State \n agency'' have the meanings given those terms in section 205 of \n the Federal-State Extended Unemployment Compensation Act of \n 1970 (26 U.S.C. 3304 note).\n\nSEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.\n\n In order to assist States in establishing, qualifying, and \nimplementing short-time compensation programs (as defined in section \n3306(v) of the Internal Revenue Code of 1986, as added by section \n2(a)), the Secretary of Labor shall--\n (1) develop model legislative language which may be used by \n States in developing and enacting such programs and \n periodically review and revise such model legislative language;\n (2) provide technical assistance and guidance in \n developing, enacting, and implementing such programs;\n (3) establish reporting requirements for States, including \n reporting on--\n (A) the number of averted layoffs;\n (B) the number of participating companies and \n workers; and\n (C) such other items as the Secretary of Labor \n determines are appropriate.\n\nSEC. 7. REPORTS.\n\n (a) Initial Report.--Not later than 4 years after the date of the \nenactment of this Act, the Secretary of Labor shall submit to Congress \nand to the President a report or reports on the implementation of the \nprovisions of this Act, including an analysis of the significant \nimpediments to State enactment and implementation of short-time \ncompensation programs (as defined in section 3306(v) of the Internal \nRevenue Code of 1986, as added by section 2(a)).\n (b) Subsequent Reports.--After the submission of the report under \nsubsection (a), the Secretary of Labor may submit such additional \nreports on the implementation of short-time compensation programs as \nthe Secretary deems appropriate.\n (c) Funding.--There are appropriated, out of any moneys in the \nTreasury not otherwise appropriated, to the Secretary of Labor, \n$1,500,000 to carry out this section, to remain available without \nfiscal year limitation.","summary":"Preventing Unemployment Act of 2010 - Amends the Federal Unemployment Tax Act (FUTA), the Internal Revenue Code, and the Unemployment Compensation Amendments of 1992 to prescribe requirements for the treatment and temporary financing of voluntary short-time compensation (STC) programs, under which: (1) an employer reduces the number of hours worked by employees in lieu of temporary layoffs. And (2) such employees are eligible for pro-rata unemployment compensation if their workweeks are reduced by between 10 and an appropriate state-determined percentage. Requires payments to states meeting the requirements of this Act in an amount equal to 100 of the STC paid to individuals. Prohibits such STC payments: (1) for more than 26 weeks. Or (2) for an employee whose employer's workforce during the three months preceding submission of the employer's STC plan has been reduced by temporary layoffs of more than 20, or on a seasonal, temporary, or intermittent basis. Authorizes temporary federal-state agreements for STC programs if a state does not currently provide for STC payments under an existing program. Requires employers under an STC plan to pay the state one-half of the amount of STC paid under the plan. Requires federal payments to states in an amount equal to: (1) one-half of the amount of STC paid to individuals by the state. And (2) any additional related administrative expenses incurred by the state. Requires the Secretary of Labor to award one start-up grant to state agencies: (1) in states that enact STC programs on or after May 1, 2010. And (2) that apply for such grants before FY2013. Specifies assistance and guidance the Secretary shall give states in establishing and implementing STC programs.","title":"A bill to provide for the treatment and temporary financing of short-time compensation programs.","text_len":19698,"sum_len":1730} {"bill_id":"105_hr4852","text":"SECTION 1. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME MANNER AS \n ASSUMPTION OF LIABILITY.\n\n (a) Repeal of Property Subject to a Liability Test.--\n (1) Section 357.--Section 357(a)(2) of the Internal Revenue \n Code of 1986 (relating to assumption of liability) is amended \n by striking ``, or acquires from the taxpayer property subject \n to a liability''.\n (2) Section 358.--Section 358(d)(1) of such Code (relating \n to assumption of liability) is amended by striking ``or \n acquired from the taxpayer property subject to a liability''.\n (3) Section 368.--\n (A) Section 368(a)(1)(C) of such Code is amended by \n striking ``, or the fact that property acquired is \n subject to a liability,''.\n (B) The last sentence of section 368(a)(2)(B) of \n such Code is amended by striking ``, and the amount of \n any liability to which any property acquired from the \n acquiring corporation is subject,''.\n (b) Clarification of Assumption of Liability.--\n (1) In general.--Section 357 of the Internal Revenue Code \n of 1986 is amended by adding at the end the following new \n subsection:\n ``(d) Determination of Amount of Liability Assumed.--\n ``(1) In general.--For purposes of this section, section \n 358(d), section 362(d), section 368(a)(1)(C), and section \n 368(a)(2)(B), except as provided in regulations--\n ``(A) a recourse liability (or portion thereof) \n shall be treated as having been assumed if, as \n determined on the basis of all facts and circumstances, \n the transferee has agreed to, and is expected to, \n satisfy such liability (or portion), whether or not the \n transferor has been relieved of such liability; and\n ``(B) except to the extent provided in paragraph \n (2), a nonrecourse liability shall be treated as having \n been assumed by the transferee of any asset subject to \n such liability.\n ``(2) Exception for nonrecourse liability.--The amount of \n the nonrecourse liability treated as described in paragraph \n (1)(B) shall be reduced by the lesser of--\n ``(A) the amount of such liability which an owner \n of other assets not transferred to the transferee and \n also subject to such liability has agreed with the \n transferee to, and is expected to, satisfy, or\n ``(B) the fair market value of such other assets \n (determined without regard to section 7701(g)).\n ``(3) Regulations.--The Secretary shall prescribe such \n regulations as may be necessary to carry out the purposes of \n this subsection and section 362(d). The Secretary may also \n prescribe regulations which provide that the manner in which a \n liability is treated as assumed under this subsection is \n applied, where appropriate, elsewhere in this title.''\n (2) Limitation on basis increase attributable to assumption \n of liability.--Section 362 of such Code is amended by adding at \n the end the following new subsection:\n ``(d) Limitation on Basis Increase Attributable to Assumption of \nLiability.--\n ``(1) In general.--In no event shall the basis of any \n property be increased under subsection (a) or (b) above the \n fair market value of such property (determined without regard \n to section 7701(g)) by reason of any gain recognized to the \n transferor as a result of the assumption of a liability.\n ``(2) Treatment of gain not subject to tax.--Except as \n provided in regulations, if--\n ``(A) gain is recognized to the transferor as a \n result of an assumption of a nonrecourse liability by a \n transferee which is also secured by assets not \n transferred to such transferee; and\n ``(B) no person is subject to tax under this title \n on such gain,\n then, for purposes of determining basis under subsections (a) \n and (b), the amount of gain recognized by the transferor as a \n result of the assumption of the liability shall be determined \n as if the liability assumed by the transferee equaled such \n transferee's ratable portion of such liability determined on \n the basis of the relative fair market values (determined \n without regard to section 7701(g)) of all of the assets subject \n to such liability.''.\n (c) Application to Provisions Other Than Subchapter C.--\n (1) Section 584.--Section 584(h)(3) of the Internal Revenue \n Code of 1986 is amended--\n (A) by striking ``, and the fact that any property \n transferred by the common trust fund is subject to a \n liability,'' in subparagraph (A); and\n (B) by striking clause (ii) of subparagraph (B) and \n inserting:\n ``(ii) Assumed liabilities.--For purposes \n of clause (i), the term `assumed liabilities' \n means any liability of the common trust fund \n assumed by any regulated investment company in \n connection with the transfer referred to in \n paragraph (1)(A).\n ``(C) Assumption.--For purposes of this paragraph, \n in determining the amount of any liability assumed, the \n rules of section 357(d) shall apply.''\n (2) Section 1031.--The last sentence of section 1031(d) of \n such Code is amended--\n (A) by striking ``assumed a liability of the \n taxpayer or acquired from the taxpayer property subject \n to a liability'' and inserting ``assumed (as determined \n under section 357(d)) a liability of the taxpayer''; \n and\n (B) by striking ``or acquisition (in the amount of \n the liability)''.\n (d) Conforming Amendments.--\n (1) Section 351(h)(1) of the Internal Revenue Code of 1986 \n is amended by striking ``, or acquires property subject to a \n liability,''.\n (2) Section 357 of such Code is amended by striking ``or \n acquisition'' each place it appears in subsection (a) or (b).\n (3) Section 357(b)(1) of such Code is amended by striking \n ``or acquired''.\n (4) Section 357(c)(1) of such Code is amended by striking \n ``, plus the amount of the liabilities to which the property is \n subject,''.\n (5) Section 357(c)(3) of such Code is amended by striking \n ``or to which the property transferred is subject''.\n (6) Section 358(d)(1) of such Code is amended by striking \n ``or acquisition (in the amount of the liability)''.\n (e) Effective Date.--The amendments made by this section shall \napply to transfers after October 18, 1998.","summary":"Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.","title":"To amend the Internal Revenue Code of 1986 to provide that the transfer of property subject to a liability shall be treated in the same manner as the transfer of property involving an assumption of liability.","text_len":7370,"sum_len":153} {"bill_id":"112_hr2938","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gila Bend Indian Reservation Lands \nReplacement Clarification Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) In 1986, Congress passed the Gila Bend Indian \n Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. \n 1798, to authorize the Tohono O'odham Nation to purchase up to \n 9,880 acres of replacement lands in exchange for granting all \n right, title and interest to the Gila Bend Indian Reservation \n to the United States.\n (2) The intent of the Gila Bend Indian Reservation Lands \n Replacement Act was to replace primarily agriculture land that \n the Tohono O'odham Nation was no longer able to use due to \n flooding by Federal dam projects.\n (3) In 1988, Congress passed the Indian Gaming Regulatory \n Act, which restricted the ability of Indian tribes to conduct \n gaming activities on lands acquired after the date of enactment \n of the Act.\n (4) Since 1986, the Tohono O'odham Nation has purchased \n more than 16,000 acres of land. The Tohono O'odham Nation does \n not currently game on any lands acquired pursuant to the Gila \n Bend Indian Reservation Lands Replacement Act.\n (5) Beginning in 2003, the Tohono O'odham Nation began \n taking steps to purchase approximately 134.88 acres of land \n near 91st and Northern Avenue in Maricopa County, within the \n City of Glendale (160 miles from the Indian tribe's \n headquarters in Sells). The Tohono O'odham Nation is now trying \n to have these lands taken into trust status by the Secretary of \n the Interior pursuant to the Gila Bend Indian Reservation Lands \n Replacement Act of 1986 (``Gila Bend Act''), and has asked the \n Secretary to declare these lands eligible for gaming, thereby \n allowing the Indian tribe to conduct Las Vegas style gaming on \n the lands. The Secretary has issued an opinion stating that he \n has the authority to take approximately 53.54 acres of these \n lands into trust status, and plans to do so when legally able \n to do so.\n (6) The State of Arizona, City of Glendale, and at least 12 \n Indian tribes in Arizona oppose the Tohono O'odham Nation \n gaming on these lands. No Indian tribe supports the Tohono \n O'odham Nation's efforts to conduct gaming on these lands.\n (7) The Tohono O'odham Nation's proposed casino violates \n existing Tribal-State gaming compacts and State law, \n Proposition 202, agreed to by all Arizona Indian tribes, which \n effectively limits the number of tribal gaming facilities in \n the Phoenix metropolitan area to seven, which is the current \n number of facilities operating.\n (8) The Tohono O'odham casino proposal will not generate \n sales taxes as the State Gaming Compact specifically prohibits \n the imposition of any taxes, fees, charges, or assessments.\n (9) The proposed casino would be located close to existing \n neighborhoods and a newly built school and raises a number of \n concerns. Homeowners, churches, schools, and businesses made a \n significant investment in the area without knowing that a \n tribal casino would or even could locate within the area.\n (10) The development has the potential to impact the future \n of transportation projects, including the Northern Parkway, a \n critical transportation corridor to the West Valley.\n (11) The Tohono O'odham Nation currently operates three \n gaming facilities: 2 in the Tucson metropolitan area and 1 in \n Why, Arizona.\n (12) Nothing in the language or legislative history of the \n Gila Bend Indian Reservation Lands Replacement Act indicates \n that gaming was an anticipated use of the replacement lands.\n (13) It is the intent of Congress to clarify that lands \n purchased pursuant to the Gila Bend Indian Reservation Lands \n Replacement Act are not eligible for Class II and Class III \n gaming pursuant to the Indian Gaming Regulatory Act. Such lands \n may be used for other forms of economic development by the \n Tohono O'odham Nation.\n\nSEC. 3. GAMING CLARIFICATION.\n\n Section 6(d) of Public Law 99-503 is amended by inserting ``except \nthat no class II or class III gaming activities, as defined in section \n4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be \nconducted on such land if such land is located north of latitude 33 \ndegrees, 4 minutes north'' after ``shall be deemed to be a Federal \nIndian Reservation for all purposes''.\n\nSEC. 4. NO EFFECT.\n\n The limitation on gaming set forth in the amendment made by section \n3 shall have no effect on any interpretation, determination, or \ndecision to be made by any court, administrative agency or department, \nor other body as to whether any lands located south of latitude 33 \ndegrees, 4 minutes north taken into trust pursuant to this Act qualify \nas lands taken into trust as part of a settlement of a land claim for \npurposes of title 25 U.S.C. 2719(b).\n\n Passed the House of Representatives June 19, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation. Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.","title":"To prohibit certain gaming activities on certain Indian lands in Arizona.","text_len":5542,"sum_len":759} {"bill_id":"111_hr1315","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Terrorist Detainees Procedures Act \nof 2009''.\n\nSEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL \n STATION, GUANTANAMO BAY, CUBA.\n\n As soon as practicable, but by not later than December 31, 2009, \nthe President shall ensure that no person alleged to be an unlawful \nenemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.\n\nSEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY, \n CUBA.\n\n (a) Status Reviews Required.--In the case of a person described in \nsubsection (b), the status of the person shall be determined by a panel \nof three military judges in accordance with this section.\n (b) Person Described.--A person described in this subsection is a \nperson who, as of the date of the enactment of this Act, is detained by \nthe United States at Naval Station, Guantanamo Bay, Cuba, and who is \nsuspected of being an unlawful enemy combatant.\n (c) Jurisdiction.--The panel of military judges convened to conduct \na status review under this section shall have exclusive jurisdiction to \ndetermine the status of the person suspected of being an unlawful enemy \ncombatant.\n (d) Procedure.--A review under this section shall be conducted \nunder the same procedures as are applicable to an investigation under \nsection 832 (article 32) of title 10, United States Code, except that a \nperson whose status is reviewed under subsection (a) shall also be \nentitled to an interpreter with appropriate security clearance.\n (e) Military Judges.--To serve as a military judge for purposes of \na status review under this section, a military judge shall be a \ncommissioned officer of the armed forces who is a member of the bar of \na Federal court or a member of the bar of the highest court of a State \nand who is certified to be qualified for duty as a military judge by \nthe Judge Advocate General of the armed force of which such military \njudge is a member.\n (f) Deadline for Review.--Each person described in subsection (b) \nshall receive a status review under this section by no later than the \ndate that is 120 days after the date of the enactment of this Act, \nunless a military judge determines that such date should be extended \nfor good cause.\n (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X \nof Public Law 109-148; 119 Stat. 2742) is amended by striking section \n1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law \n109-163; 119 Stat. 3474) is amended by striking section 1405.\n (h) Treatment of Combatant Status Review Tribunals.--A review \nconducted pursuant to section 1005 of the Detainee Treatment Act of \n2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801 \nnote), as in effect before the date of the enactment of this Act, shall \nnot satisfy the requirement of subsection (a).\n\nSEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS.\n\n (a) Unlawful Enemy Combatants.--\n (1) In general.--Any person who is determined, pursuant to \n a review under section 3, to be an unlawful enemy combatant \n shall be--\n (A) transferred to a military or civilian detention \n facility in the United States, charged with a violation \n of United States or international law, and tried--\n (i) by courts-martial under chapter 47 of \n title 10, United States Code (the Uniform Code \n of Military Justice); or\n (ii) in a district court of the United \n States;\n (B) transferred to an international tribunal \n operating under the authority of the United Nations \n with jurisdiction to hold trials of such person;\n (C) transferred to a NATO-run detention facility, \n or to a different country, provided that there are \n adequate assurances that the person will not be subject \n to torture in that country, consistent with the \n obligations of the United States under international \n law; or\n (D) held in accordance with the law of armed \n conflict until the earlier of--\n (i) the cessation of the hostilities that \n are directly related to the person's initial \n detention; or\n (ii) such time as the person is determined \n to no longer be a threat.\n (2) Charges.--If charges are brought under subsection \n (a)(1)(A) against a person determined to be an unlawful enemy \n combatant pursuant to a review under section 3, such charges \n shall be brought before the end of the 120-day period that \n begins on the date on which such review is concluded, unless a \n military judge determines that relevant evidence has become \n available after the end of such period and that such period \n should be extended.\n (b) Other Detainees.--Any person who is determined, pursuant to a \nreview under section 3, not to be an unlawful enemy combatant and who \nis not suspected of violating any law of the United States or any \ninternational law shall be--\n (1) transferred to the person's country of citizenship, \n place of capture, or a different country, as long as that \n country provides adequate assurances that the person will not \n be subject to torture, consistent with the obligations of the \n United States under international law; or\n (2) released.\n (c) Construction.--The transfer of a person under subsection (a) \nshall not be considered an entry into the United States for purposes of \nimmigration status.\n\nSEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA.\n\n (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title \n28, United States Code, is amended by striking subsection (e).\n (b) Jurisdiction.--An application for a writ of habeas corpus \nbrought by a person described in section 3(b) may only be heard in the \nUnited States District Court for the District of Columbia.\n (c) Sense of Congress.--It is the sense of Congress that the \njudicial review of all applications for writs of habeas corpus brought \nby persons described in section 3(b) that are pending as of the date of \nthe enactment of this Act should be suspended until the completion of \nthe status reviews required under section 3.\n\nSEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.\n\n (a) Repeal.--Title 10, United States Code, is amended by striking \nchapter 47A.\n (b) Conforming Amendments.--Title 10, United States Code, as \namended by subsection (a), is further amended--\n (1) in tables of chapters at the beginning of subtitle A, \n and at the beginning of part II of subtitle A, by striking the \n item relating to chapter 47A;\n (2) in section 802(a) (article 2) by striking paragraph \n (13);\n (3) in each of sections 821, 828, 848, 850(a), 904, and 906 \n (articles 21, 28, 48, 50(a), 104, and 106) by striking the \n following: ``This section does not apply to a military \n commission established under chapter 47A of this title.''; and\n (4) in section 836 (article 36)--\n (A) in subsection (a), by striking ``, except as \n provided in chapter 47A of this title,''; and\n (B) in subsection (b), by striking ``, except \n insofar as applicable to military commissions \n established under chapter 47A of this title''.\n\nSEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY.\n\n Not later than 120 days after the date of the enactment of this \nAct, the President shall submit to Congress a report containing the \nPresident's recommendations with respect to any statutory changes \nnecessary to implement a comprehensive Federal policy governing the \napprehension, detention, trial, transfer, release, or other disposition \nof individuals captured or apprehended in connection with armed \nconflicts and counterterrorism operations.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) The term ``unlawful enemy combatant'' means a person \n who has engaged in hostilities or who has purposefully and \n materially supported hostilities against the United States or \n its co-belligerents who is not a lawful enemy combatant \n (including a person who is part of the Taliban, al Qaeda, or \n associated forces).\n (2) The term ``co-belligerent'', with respect to the United \n States, means any State or armed force joining and directly \n engaged with the United States in hostilities or directly \n supporting hostilities against a common enemy.\n (3) The term ``lawful enemy combatant'' means a person who \n is--\n (A) a member of the regular forces of a State party \n engaged in hostilities against the United States;\n (B) a member of a militia, volunteer corps, or \n organized resistance movement belonging to a State \n party engaged in such hostilities, which are under \n responsible command, wear a fixed distinctive sign \n recognizable at a distance, carry their arms openly, \n and abide by the law of war; or\n (C) a member of a regular armed force who professes \n allegiance to a government engaged in such hostilities, \n but not recognized by the United States.\n\nSEC. 9. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on the date of \nthe enactment of this Act, and shall apply to all cases, without \nexception, pending on or after the date of the enactment of this Act \nwhich relate to any aspect of the detention, transfer, treatment, \ntrial, or conditions of detention of an alien detained by the United \nStates since September 11, 2001.","summary":"Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba. Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant. Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of US or international law, and tried by courts-martial or in a district court. (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person. (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country. Or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release. Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba. Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews. Repeals the Military Commissions Act of 2006. Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.","title":"To prohibit the detention of enemy combatants at Naval Station, Guantanamo Bay, Cuba, to provide for de novo combatant status reviews by military judges, to repeal the Military Commissions Act of 2006, and for other purposes.","text_len":10198,"sum_len":1833} {"bill_id":"104_hr931","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Low-Income Housing Preservation Act \nof 1995''.\n\nSEC. 2. 15-YEAR RECOVERY PERIOD.\n\n (a) General Rule.--Subsection (c) of section 168 of the Internal \nRevenue Code of 1986 (relating to applicable recovery period) is \namended--\n (1) by striking ``as provided in paragraph (2)'' in \n paragraph (1) and inserting ``as otherwise provided in this \n subsection'',\n (2) by redesignating paragraph (2) as paragraph (3), and\n (3) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) Low-income housing.--In the case of any residential \n rental property which is part of a qualified low-income housing \n project (as defined in subsection (i)(14)), the applicable \n recovery period shall be 15 years.''\n (b) Qualified Low-Income Housing Project.--Subsection (i) of \nsection 168 of such Code is amended by adding at the end the following \nnew paragraph:\n ``(14) Qualified low-income housing project.--\n ``(A) In general.--For purposes of this section, \n the term `qualified low-income housing project' means \n any project for residential rental property if--\n ``(i) such project is assisted under a \n specified HUD program,\n ``(ii) 50 percent or more of the \n residential units in such project--\n ``(I) in the case of a project \n described in clause (i) or (ii) of \n subparagraph (C), are occupied by \n individuals whose income (at the time \n of their initial occupancy in such \n project) was less than 80 percent of \n the area median gross income (as of \n such time), or\n ``(II) in the case of a project \n described in clause (iii) or (iv) of \n subparagraph (C), are units with \n respect to which rental assistance is \n provided under section 8 of the United \n States Housing Act of 1937 (42 U.S.C. \n 1437f),\n ``(iii) such project was originally placed \n in service at least 10 years before the \n taxpayer acquired an interest in such project,\n ``(iv) such project is substantially \n rehabilitated,\n ``(v) the taxpayer acquired such taxpayer's \n interest in such project by purchase, and\n ``(vi) such project was not previously \n placed in service by the taxpayer or by any \n person who was a related person (as defined in \n section 42(d)(2)(D)(iii)) with respect to the \n taxpayer as of the time previously placed in \n service.\n ``(B) Denial of double benefit.--A project shall \n not be treated as a qualified low-income housing \n project if the taxpayer (or any other person holding an \n interest in such project) claims any benefits with \n respect to such project under--\n ``(i) section 42 (relating to low-income \n housing credit),\n ``(ii) section 47 (relating to \n rehabilitation credit),\n ``(iii) the Low-Income Housing Preservation \n and Resident Homeownership Act of 1990 (12 \n U.S.C. 4101 et seq.), or\n ``(iv) the Emergency Low-Income Housing \n Preservation Act of 1987 pursuant to section \n 604 of the Cranston-Gonzalez National \n Affordable Housing Act (12 U.S.C. 4101 note).\n ``(C) Specified hud programs.--For purposes of \n subparagraph (A), a project is assisted under a \n specified HUD program if such project was financed by a \n loan or mortgage which--\n ``(i) is insured or held by the Secretary \n of Housing and Urban Development under section \n 221(d)(3) of the National Housing Act (12 \n U.S.C. 1715l(d)(3)) and bears interest at a \n rate determined under the proviso of section \n 221(d)(5) of such Act,\n ``(ii) is insured, assisted, or held by \n such Secretary or a State or State agency under \n section 236 of such Act (12 U.S.C. 1715z-1),\n ``(iii) is insured or held by such \n Secretary under section 221(d)(3) of such Act \n and receiving assistance under section 8 of the \n United States Housing Act of 1937 (42 U.S.C. \n 1437f), or\n ``(iv) is insured or held by such Secretary \n under section 221(d)(4) of the National Housing \n Act.\n ``(D) Substantially rehabilitated.--\n ``(i) In general.--For purposes of \n subparagraph (A), a project is substantially \n rehabilitated if the amount of the \n rehabilitation expenditures with respect to \n such project during the 24-month period \n beginning on the date the taxpayer acquired his \n interest in such project equals or exceeds 10 \n percent of the aggregate adjusted bases (as of \n the beginning of such 24-month period) of the \n residential rental property which is part of \n such project.\n ``(ii) Rehabilitation expenditures.--\n ``(I) In general.--For purposes of \n clause (i), the term `rehabilitation \n expenditures' means amounts chargeable \n to capital account and incurred for \n property (or additions or improvements \n to property) of a character subject to \n the allowance for depreciation in \n connection with the rehabilitation of a \n building. Such term shall not include \n the cost of acquiring the building (or \n any interest therein).\n ``(II) Special rule.--An \n expenditure may be taken into account \n only if it benefits the low-income \n units in the project at least in \n proportion to the total number of units \n in such project which are low-income \n units. For purposes of the preceding \n sentence, the term `low-income units' \n means units with respect to which the \n requirements of subparagraph (A)(ii) \n are met.\n ``(E) Income determinations.--For purposes of \n subparagraph (A), income of individuals and area median \n gross income shall be determined as provided in section \n 142(d)(2)(B).\n ``(F) Purchase.--For purposes of subparagraph (A), \n the term `purchase' has the meaning given to such term \n by section 179(d)(2); except that such term shall not \n include any acquisition where the basis of the property \n acquired is determined in whole or in part by reference \n to the basis of other property held at any time by the \n person acquiring the property.\n ``(G) Treatment of units occupied by individuals \n whose incomes rise above limit.--\n ``(i) In general.--Except as provided in \n clause (ii), notwithstanding an increase in the \n income of the occupants of a low-income unit \n above the income limitation applicable under \n subparagraph (A)(ii), such unit shall continue \n to be treated as a low-income unit if the \n income of such occupants initially met such \n income limitation.\n ``(ii) Next available unit must be rented \n to low-income tenant if income rises above 140 \n percent of income limit.--If the income of the \n occupants of the unit increases above 140 \n percent of the income limitation applicable \n under subparagraph (A)(ii), clause (i) shall \n cease to apply to any such unit if any \n residential unit in the project (of a size \n comparable to, or smaller than, such unit) is \n occupied by a new resident whose income exceeds \n such income limitation. In the case of a \n project described in section 142(d)(4)(B), the \n preceding sentence shall be applied by \n substituting `170 percent' for `140 percent' \n and by substituting `any low-income unit in the \n project is occupied by a new resident whose \n income exceeds 40 percent of area median gross \n income' for `any residential unit in the \n project (of a size comparable to, or smaller \n than, such unit) is occupied by a new resident \n whose income exceeds such income limitation'.\n ``(H) Recapture rules.--\n ``(i) Substantially rehabilitation \n requirements.--If the requirements of \n subparagraph (D) are not satisfied with respect \n to any project--\n ``(I) such project shall not be \n treated as a qualified low-income \n housing project for any period \n (including periods before the close of \n the 24-month period set forth in \n subparagraph (D)(i)), and\n ``(II) the statutory period for the \n assessment of any deficiency \n attributable to the failure of the \n project to meet such requirements shall \n not expire before the date prescribed \n by section 6501 for the assessment of a \n deficiency for the taxable year in \n which the 24-month period set forth in \n subparagraph (D)(i) ends.\n ``(ii) Cross Reference.--\n\n ``For treatment of subsequent failure \nto meet other requirements after initial qualification, see paragraph \n(5) of this subsection.''\n\nSEC. 3. EXEMPTION FROM PASSIVE LOSS LIMITATIONS.\n\n Section 469 of the Internal Revenue Code of 1986 (relating to \nlimitation on passive activity losses and credits) is amended--\n (1) by redesignating subsections (j), (k), (l), and (m) as \n subsections (k), (l), (m), and (n), respectively, and\n (2) by inserting after subsection (i) the following new \n subsection:\n ``(j) $50,000 Offset for Certain Low-Income Housing Activities.--\n ``(1) In general.--Subsection (a) shall not apply to that \n portion of the passive activity loss for any taxable year which \n is attributable to rental activities with respect to \n residential rental property which is part of a qualified low-\n income housing project (as defined in section 168(i)(14)).\n ``(2) Dollar limitation.--The aggregate amount to which \n paragraph (1) applies for any taxable year shall not exceed \n $50,000 ($25,000 in the case of a separate return by a married \n individual).\n ``(3) Coordination with subsection (i).--This subsection \n shall be applied before the application of subsection (i).''\n\nSEC. 4. MINIMUM TAX TREATMENT.\n\n (a) General Rule.--Paragraph (1) of section 56(a) of the Internal \nRevenue Code of 1986 (relating to depreciation deduction) is amended--\n (1) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E), respectively, and\n (2) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) Special rule for certain low-income housing \n projects.--In the case of residential rental property \n which is part of a qualified low-income housing project \n (as defined in section 168(i)(14))--\n ``(i) the depreciation deduction with \n respect to 50 percent of the adjusted basis of \n such property shall be determined as provided \n in subparagraph (A), and\n ``(ii) the depreciation deduction with \n respect to the other 50 percent of such \n adjusted basis shall be determined under the \n method applicable in computing the regular \n tax.''\n (b) Conforming Amendment.--Clause (i) of section 56(g)(4)(A) of \nsuch Code is amended by inserting before the period at the end the \nfollowing: ``or, if applicable, the rules of subsection (a)(1)(C)''.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this section shall apply to property placed \nin service after December 31, 1995.","summary":"Low-Income Housing Preservation Act of 1995 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts $50,000 of such rehabilitation costs from the passive loss limitations. Provides a special rule for computing the depreciation deduction for such housing projects.","title":"Low-Income Housing Preservation Act of 1995","text_len":15128,"sum_len":393} {"bill_id":"110_hr4135","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Foreclosure Rescue \nCorporation Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to provide emergency relief with \nrespect to home mortgage indebtedness through the establishment of a \ncorporation to directly refinance home mortgages to homeowners \ncurrently in foreclosure, serious default, or with a reasonable \nexpectation of imminent, sustained default and--\n (1) to extend relief to the owners of homes occupied by \n them and who are unable to amortize their debt elsewhere, \n including those homeowners whose outstanding mortgage \n indebtedness exceeds the value of their home due to recent \n declines in the housing market;\n (2) to provide necessary funds for refinancing without \n reliance on liquidity and credit availability in private \n markets;\n (3) to stabilize neighborhoods by reducing foreclosures and \n the downward impact on house prices created by the threat of \n widespread foreclosure;\n (4) to encourage loan originators and servicers to modify \n the terms of existing non-performing loans to obligations that \n borrowers can reasonably repay;\n (5) to provide mortgage assistance in an efficient manner \n at minimal to no cost to the taxpayer, with corporate profits \n returned to the Treasury of the United States; and\n (6) to minimize the impacts of the current mortgage crisis \n on the broader economy.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Corporation.--The term ``Corporation'' means the Family \n Foreclosure Rescue Corporation established under section 4.\n (2) Board.--The term ``Board'' means the Board of Directors \n of the Corporation.\n (3) Home mortgage.--The term ``home mortgage'' means a \n first mortgage on real estate--\n (A)(i) in fee simple, upon which there is located a \n dwelling for not more than four families;\n (ii) on a leasehold under a renewable lease for not \n less than 99 years, upon which there is located a \n dwelling for not more than four families; or\n (iii) that is a single unit in a condominium; and\n (B) has a value not exceeding the lower of--\n (i) 125 percent of the local area median \n home price; or\n (ii) 175 percent of the dollar amount \n limitation for a single-family residence then \n in effect under section 305(a)(2) of the \n Federal Home Loan Mortgage Corporation Act (12 \n U.S.C. 1454(a)(2)) .\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n\nSEC. 4. ESTABLISHMENT.\n\n The Secretary of the Treasury shall establish a corporation to be \nknown as the Family Foreclosure Rescue Corporation, which shall be an \ninstrumentality of the United States, and which shall have authority to \nsue and to be sued in any court of competent jurisdiction, Federal or \nState.\n\nSEC. 5. BOARD.\n\n (a) In General.--The Corporation shall be under the direction of a \nBoard of Directors and shall be operated by the Board under such \nbylaws, rules, and regulations as the Board may prescribe for the \naccomplishment of the purposes and intent of this Act.\n (b) Members.--The Board shall consist of seven members, as follows:\n (1) Two of the members shall be appointed by the President.\n (2) Four of the members shall be appointed by President \n from among a list of 10 nominees selected jointly by the \n Speaker of the House of Representatives and the majority leader \n of the Senate.\n (3) The Secretary shall serve as an ex officio member of \n the Board.\n\nSEC. 6. CAPITAL STOCK.\n\n (a) In General.--The Corporation shall have capital stock \nsubscribed to by the Secretary on behalf of the United States \nGovernment in such amount as the Secretary may determine to be \nappropriate, to the extent provided in advance in an appropriation Act \nfor any fiscal year, but not to exceed in the aggregate $200,000,000.\n (b) Certificates.--Certificates evidencing shares of nonvoting \ncapital stock of the Corporation shall be issued by the Corporation to \nthe Secretary, to the extent of payments made for the capital stock of \nthe Corporation.\n (c) Public Debt Transaction.--For the purpose of purchasing shares \nof capital stock of the Corporation, the Secretary may use as a public-\ndebt transaction the proceeds of any securities issued under chapter 31 \nof title 31, United States Code.\n\nSEC. 7. BORROWING.\n\n (a) Issuance.--The Corporation may issue bonds in an aggregate \namount not to exceed $150,000,000,000, which may be sold by the \nCorporation to obtain funds for carrying out the purposes of this Act, \nor exchanged as hereinafter provided. Such bonds shall be issued in \nsuch denominations as the Board shall prescribe, shall mature within a \nperiod of not more than 30 years from the date of their issue, shall \nbear interest at a rate not to exceed 5 percent annually, and shall be \nfully and unconditionally guaranteed as to principal and interest by \nthe United States, and such guaranty shall be expressed on the face \nthereof.\n (b) Payment.--The Corporation shall make bond payments of accrued \ninterest plus principal in the amount sufficient to return the \nprincipal within a period not to exceed 30 years, and such payments may \nbe made monthly, quarterly, semi-annually, or annually, in the \ndiscretion of the Corporation. Outstanding principal and accrued \ninterest shall be paid to the bond holder in the event that the \nmortgage issued in exchange for that bond is paid off or title to the \nunderlying property is transfered by sale or foreclosured.\n (c) Treasury Borrowing.--In the event that the Corporation is \nunable to pay upon demand, when due, the interest on any such bonds, \nthe Secretary shall pay to the Corporation the amount of such interest, \nwhich is hereby authorized to be appropriated to the Corporation, and \nthe Corporation shall pay the amount of such interest to the holders of \nthe bonds. Upon the payment of such interest by the Secretary, the \namount so paid shall become an obligation of the Corporation to the \nUnited States and shall bear interest at the same rate as that borne by \nthe bonds upon which the interest has been so paid.\n (d) Treatment.--The bonds issued by the Corporation under this \nsection shall be exempt, both as to principal and interest, from all \ntaxation (except surtaxes, estate, inheritance, and gift taxes) now or \nhereafter imposed by the United States or any District, Territory, \ndependency, or possession thereof, or by any State, county, \nmunicipality, or local taxing authority.\n\nSEC. 8. TREATMENT OF CORPORATION.\n\n The Corporation, including its franchise, its capital, reserves, \nand surplus, and its loans and income, shall be exempt from taxation \nreferred to in section 7(c), except that any real property of the \nCorporation shall be subject to taxation to the same extent, according \nto its value, as other real property is taxed.\n\nSEC. 9. EMERGENCY MORTGAGE RELIEF.\n\n (a) Acquisition of Mortgages.--The Corporation may, during the \nthree-year period that begins upon the date of the enactment of this \nAct--\n (1) acquire in exchange for bonds issued by the \n Corporation, home mortgages and other obligations and liens \n secured by real estate (including the interest of a vendor \n under a purchase-money mortgage or contract) recorded or filed \n in the proper office or executed prior to the date of the \n enactment of this Act, which are currently in default or at \n foreseeable risk of default, except that--\n (A) in the event that the home mortgage was placed \n in a trust or other qualified special purpose vehicle \n for the purposes of securitization, acceptance of \n Corporation bonds by a duly appointed servicer as \n payment in full for the purchase of the home mortgage \n shall be construed as a non-foreclosure alternative to \n the termination of a loan, equivalent to a short sale \n or short payoff;\n (B) the face value of the bonds so exchanged and \n the cash so advanced shall not exceed, in any case, the \n principal balance plus accrued interest on that balance \n (exclusive of additional fees incurred as part of \n lender workouts and similar actions), as of the time of \n acquisition by the Corporation, as determined by an \n appraisal made by the Corporation; and\n (C) in any case in which the amount of the face \n value of the bonds exchanged plus accrued interest \n thereon and the cash advanced is less than the amount \n the homeowner owes with respect to the home mortgage or \n other obligation or lien so acquired by the \n Corporation, the Corporation shall credit the \n difference between such amounts to the homeowner and \n shall reduce the amount owed by the homeowner to the \n Corporation, to that extent; and\n (2) in connection with any such exchange, make advances in \n cash to pay the taxes and assessments on the real estate, to \n meet the incidental expenses of the transaction, and to pay \n such amounts, not exceeding $750, to the holder of the \n mortgage, obligation, or lien acquired as may be the difference \n between the face value of the bonds exchanged and the purchase \n price of the mortgage, obligation, or lien;\n (b) Amortization.--Each home mortgage or other obligation or lien \nso acquired shall be carried as a first lien or refinanced as a home \nmortgage by the Corporation on the basis of the price paid for the \nmortgage, obligation, or lien by the Corporation, and shall be \namortized by means of monthly payments sufficient to retire the \ninterest and principal within a period of not to exceed 30 years; but \nthe amortization payments of any homeowner may be made quarterly, \nsemiannually, or annually, if in the judgment of the Corporation the \nsituation of the homeowner requires it.\n (c) Maximum Interest Rate.--Interest on the unpaid balance of the \nobligation of the homeowner to the Corporation shall be at a rate not \nexceeding 7.5 percent annually.\n (d) Extensions.--The Corporation may at any time grant an extension \nof time to any homeowner for the payment of any installment of \nprincipal or interest owed by the homeowner to the Corporation if, in \nthe judgment of the Corporation, the circumstances of the homeowner and \nthe condition of the security justify such extension.\n (e) Redemption and Recovery of Foreclosed Properties.--The \nCorporation may, during the three-year period described in subsection \n(a), exchange bonds and advance cash subject to the limitations \nprovided in subsection (a), to redeem or recover homes lost by the \nowners by foreclosure or forced sale by a trustee under a deed of trust \nor under power of attorney, or by voluntary surrender to the mortgagee \nwithin two years prior to such exchange or advance.\n (f) Real Estate.--As used in this section, the term ``real estate'' \nincludes only real estate described in section 3(3).\n\nSEC. 10. NONDISCRIMINATION.\n\n (a) Location of Real Estate.--No discrimination shall be made under \nthis Act against any home mortgage by reason of the fact that the real \nestate securing such mortgage is located in a municipality, county, or \ntaxing district which is in default upon any of its obligations.\n (b) Characteristics of Applicants.--The Corporation is prohibited \nfrom discriminating in its lending behavior based on the race, color, \nreligion, sex, national origin, age, disability, or familial status of \nthe applicant or applicants.\n\nSEC. 11. DENIAL OF APPLICATIONS.\n\n (a) Authority To Deny.--The Corporation may deny a home mortgage \napplication on the grounds of an applicant's inability to pay or excess \nindebtedness, as determined by credit score, household income and \nassets, or other criteria, to be determined by the Board or its \ndesignees.\n (b) Counseling.--The Corporation shall provide applicants who are \ndenied a home mortgage issued by the Corporation information sufficient \nto identify and contact a housing counseling provider serving the local \narea in which the applicant resides who has been certified pursuant to \nsection 106(f) of the Housing and Urban Development Act of 1968 (12 \nU.S.C. 1701x(f)).\n\nSEC. 12. DISPOSITION OF REAL ESTATE.\n\n In the event the Corporation takes possession of real estate \nthrough foreclosure, voluntary transfer of title, or otherwise, the \nCorporation shall dispose of the real estate in a manner that minimizes \nadverse impacts on neighboring property values by staggering sales so \nas not to create an excess supply of properties for sale or by offering \nproperties for rent until disposition is possible. The Corporation may \nmake necessary repairs to Corporation-owned property to maintain the \nvalue of the property and to prepare it for disposition.\n\nSEC. 13. APPRAISALS.\n\n The Board shall make rules for the appraisal of the property on \nwhich loans are made under this Act, to accomplish the purposes of this \nAct.\n\nSEC. 14. OTHER PROVISIONS.\n\n (a) Officers and Employees.--The Corporation shall have power to \nselect, employ, and fix the compensation of such officers, employees, \nattorneys, or agents as shall be necessary for the performance of its \nduties under this Act, without regard to the provisions of other laws \napplicable to the employment or compensation of officers, employees, \nattorneys, or agents of the United States. No such officer, employee, \nattorney, or agent shall be paid compensation at a rate in excess of \nthe rate provided for the members of the Board.\n (b) Use of Mails.--The Corporation may use the United States mails \nin the same manner and under the same conditions as other departments \nand agencies of the United States.\n (c) Salaries and Expenses.--The Corporation shall pay such \nproportion of the salary and expenses of the members of the Board and \nof its officers and employees as the Board may determine to be \nequitable, and may use the facilities of Federal Home Loan Banks, upon \nmaking reasonable compensation for such use, as determined by the \nBoard.\n (d) Bylaws, Rules, and Regulations.--The Board may make such \nbylaws, rules and regulations, not inconsistent with the provisions of \nthis Act, as may be necessary for the proper conduct of the affairs of \nthe Corporation.\n (e) Retirement of Stock.--The Corporation shall retire and cancel \nthe bonds and stock of the Corporation as rapidly as the resources of \nthe Corporation will permit. Upon the retirement of such stock, the \nreasonable value thereof as determined by the Board shall be paid into \nthe Treasury of the United States and the receipts issued therefor \nshall be canceled.\n\nSEC. 15. LIQUIDATION.\n\n The Board shall proceed to liquidate the Corporation when its \npurposes have been accomplished, and shall pay any surplus or \naccumulated funds into the Treasury of the United States. The \nCorporation may declare and pay such dividends to the United States as \nmay be earned and as in the judgment of the Board it is proper for the \nCorporation to pay.","summary":"Family Foreclosure Rescue Corporation Act - Instructs the Secretary of the Treasury to establish the Family Foreclosure Rescue Corporation to acquire, via the sale of bonds, home mortgages and other obligations and liens secured by real estate which are currently in default or at foreseeable risk of default.","title":"To establish the Family Foreclosure Rescue Corporation to provide emergency relief to refinance home mortgages of homeowners in foreclosure or default.","text_len":15918,"sum_len":309} {"bill_id":"106_s2588","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ute-Moab Land Restoration Act''.\n\nSEC. 2. TRANSFER OF OIL SHALE RESERVE.\n\n Section 3405 of the Strom Thurmond National Defense Authorization \nAct for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is \namended to read as follows:\n\n``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.\n\n ``(a) Definitions.--In this section:\n ``(1) Map.--The term ``map'' means the map entitled \n `Boundary Map, .............', numbered ____ and dated \n ________, to be kept on file and available for public \n inspection in the offices of the Department of the Interior.\n ``(2) Moab site.--The term `Moab site' means the Moab \n uranium milling site located approximately 3 miles northwest of \n Moab, Utah, and identified in the Final Environmental Impact \n Statement issued by the Nuclear Regulatory Commission in March \n 1996, in conjunction with Source Material License No. SUA 917.\n ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve \n Numbered 2, as identified on a map on file in the Office of the \n Secretary of the Interior.\n ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe \n of the Uintah and Ouray Indian Reservation.\n ``(b) Conveyance.--\n ``(1) In general.--Except as provided in paragraph (2), the \n United States conveys to the Tribe, subject to valid existing \n rights in effect on the day before the date of enactment of \n this section, all Federal land within the exterior boundaries \n of NOSR-2 in fee simple (including surface and mineral rights).\n ``(2) Reservations.--The conveyance under paragraph (1) \n shall not include the following reservations of the United \n States:\n ``(A) A 9 percent royalty interest in the value of \n any oil, gas, other hydrocarbons, and all other \n minerals from the conveyed land that are produced, \n saved, and sold, the payments for which shall be made \n by the Tribe or its designee to the Secretary of Energy \n during the period that the oil, gas, hydrocarbons, or \n minerals are being produced, saved, sold, or extracted.\n ``(B) The portion of the bed of Green River \n contained entirely within NOSR-2, as depicted on the \n map.\n ``(C) The land (including surface and mineral \n rights) to the west of the Green River within NOSR-2, \n as depicted on the map.\n ``(D) A \\1\/4\\ mile scenic easement on the east side \n of the Green River within NOSR-2.\n ``(3) Conditions.--\n ``(A) Management authority.--On completion of the \n conveyance under paragraph (1), the United States \n relinquishes all management authority over the conveyed \n land (including tribal activities conducted on the \n land).\n ``(B) No reversion.--The land conveyed to the Tribe \n under this subsection shall not revert to the United \n States for management in trust status.\n ``(C) Use of easement.--The reservation of the \n easement under paragraph (2)(D) shall not affect the \n right of the Tribe to obtain, use, and maintain access \n to, the Green River through the use of the road within \n the easement, as depicted on the map.\n ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date \nof enactment of this section are revoked.\n ``(d) Administration of Reserved land, Interests in land.--\n ``(1) In general.--The Secretary shall administer the land \n and interests in land reserved from conveyance under \n subparagraphs (B) and (C) of subsection (b)(2) in accordance \n with the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.).\n ``(2) Management plan.--Not later than 3 years after the \n date of enactment of this section, the Secretary shall submit \n to Congress a land use plan for the management of the land and \n interests in land referred to in paragraph (1).\n ``(3) Authorization of appropriations.--There are \n authorized to be appropriated to the Secretary such sums as are \n necessary to carry out this subsection.\n ``(e) Royalty.--\n ``(1) Payment of royalty.--\n ``(A) In general.--The royalty interest reserved \n from conveyance in subsection (b)(2)(A) that is \n required to be paid by the Tribe shall not include any \n development, production, marketing, and operating \n expenses.\n ``(B) Federal tax responsibility.--The United \n States shall bear responsibility for and pay--\n ``(i) gross production taxes;\n ``(ii) pipeline taxes; and\n ``(iii) allocation taxes assessed against \n the gross production.\n ``(2) Report.--The Tribe shall submit to the Secretary of \n Energy and to Congress an annual report on resource development \n and other activities of the Tribe concerning the conveyance \n under subsection (b).\n ``(3) Financial audit.--\n ``(A) In general.--Not later than 5 years after the \n date of enactment of this section, and every 5 years \n thereafter, the Tribe shall obtain an audit of all \n resource development activities of the Tribe concerning \n the conveyance under subsection (b), as provided under \n chapter 75 of title 31, United States Code.\n ``(B) Inclusion of results.--The results of each \n audit under this paragraph shall be included in the \n next annual report submitted after the date of \n completion of the audit.\n ``(f) River Management.--\n ``(1) In general.--The Tribe shall manage, under Tribal \n jurisdiction and in accordance with ordinances adopted by the \n Tribe, land of the Tribe that is adjacent to, and within \\1\/4\\ \n mile of, the Green River in a manner that--\n ``(A) maintains the protected status of the land; \n and\n ``(B) is consistent with the government-to-\n government agreement and in the memorandum of \n understanding dated February 11, 2000, as agreed to by \n the Tribe and the Secretary.\n ``(2) No management restrictions.--An ordinance referred to \n in paragraph (1) shall not impair, limit, or otherwise restrict \n the management and use of any land that is not owned, \n controlled, or subject to the jurisdiction of the Tribe.\n ``(3) Repeal or amendment.--An ordinance adopted by the \n Tribe and referenced in the government-to-government agreement \n may not be repealed or amended without the written approval \n of--\n ``(A) the Tribe; and\n ``(B) the Secretary.\n ``(g) Plant Species.--\n ``(1) In general.--In accordance with a government-to-\n government agreement between the Tribe and the Secretary, in a \n manner consistent with levels of legal protection in effect on \n the date of enactment of this section, the Tribe shall protect, \n under ordinances adopted by the Tribe, any plant species that \n is--\n ``(A) listed as an endangered species or threatened \n species under section 4 of the Endangered Species Act \n of 1973 (16 U.S.C. 1533); and\n ``(B) located or found on the NOSR-2 land conveyed \n to the Tribe.\n ``(2) Tribal jurisdiction.--The protection described in \n paragraph (1) shall be performed solely under tribal \n jurisdiction\n ``(h) Horses.--\n ``(1) In general.--The Tribe shall manage, protect, and \n assert control over any horse not owned by the Tribe or tribal \n members that is located or found on the NOSR-2 land conveyed to \n the Tribe in a manner that is consistent with Federal law \n governing the management, protection, and control of horses in \n effect on the date of enactment of this section.\n ``(2) Tribal jurisdiction.--The management, control, and \n protection of horses described in paragraph (1) shall be \n performed solely--\n ``(A) under tribal jurisdiction; and\n ``(B) in accordance with a government-to-government \n agreement between the Tribe and the Secretary.\n ``(i) Remedial Action at Moab Site.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this subsection, the Secretary of Energy shall \n prepare a plan for the commencement, not later than 1 year \n after the date of completion of the plan, of remedial action \n (including groundwater restoration) at the Moab site in \n accordance with section 102(a) of the Uranium Mill Tailings \n Radiation Control Act of 1978 (42 U.S.C. 7912(a)).\n ``(2) Limit on expenditures.--The Secretary shall limit the \n amounts expended in carrying out the remedial action under \n paragraph (1) to--\n ``(A) amounts specifically appropriated for the \n remedial action in an Act of appropriation; and\n ``(B) other amounts made available for the remedial \n action under this subsection.\n ``(3) Retention of royalties.--\n ``(A) In general.--The Secretary of Energy shall \n retain the amounts received as royalties under \n subsection (e)(1).\n ``(B) Availability.--Amounts referred to in \n subparagraph (A) shall be available, without further \n Act of appropriation, to carry out the remedial action \n under paragraph (1).\n ``(C) Excess amounts.--On completion of the \n remedial action under paragraph (1), all remaining \n royalty amounts shall be deposited in the General Fund \n of the Treasury.\n ``(D) Authorization of appropriations.--\n ``(i) In general.--There are authorized to \n be appropriated to the Secretary of Energy to \n carry out the remedial action under paragraph \n (1) such sums as are necessary.\n ``(ii) Continuation of nrc trustee \n remediation activities.--After the date of \n enactment of this section and until such date \n as funds are made available under clause (i), \n the Secretary, using funds available to the \n Secretary that are not otherwise appropriated, \n shall carry out--\n ``(I) this subsection; and\n ``(II) any remediation activity \n being carried out at the Moab site by \n the trustee appointed by the Nuclear \n Regulatory Commission for the Moab site \non the date of enactment of this section.\n ``(4) Sale of moab site.--\n ``(A) In general.--If the Moab site is sold after \n the date on which the Secretary of Energy completes the \n remedial action under paragraph (1), the seller shall \n pay to the Secretary of Energy, for deposit in the \n miscellaneous receipts account of the Treasury, the \n portion of the sale price that the Secretary determines \n resulted from the enhancement of the value of the Moab \n site that is attributable to the completion of the \n remedial action, as determined in accordance with \n subparagraph (B).\n ``(B) Determination of enhanced value.--The \n enhanced value of the Moab site referred to in \n subparagraph (A) shall be equal to the difference \n between--\n ``(i) the fair market value of the Moab \n site on the date of enactment of this section, \n based on information available on that date; \n and\n ``(ii) the fair market value of the Moab \n site, as appraised on completion of the \n remedial action.''.\n\nSEC. 3. URANIUM MILL TAILINGS.\n\n Section 102(a) of the Uranium Mill Tailings Radiation Control Act \nof 1978 (42 U.S.C. 7912(a)) is amended by inserting after paragraph (3) \nthe following:\n ``(4) Designation as processing site.--\n ``(A) In general.--Notwithstanding any other \n provision of law, the Moab uranium milling site \n (referred to in this paragraph as the `Moab Site') \n located approximately 3 miles northwest of Moab, Utah, \n and identified in the Final Environmental Impact \n Statement issued by the Nuclear Regulatory Commission \n in March 1996, in conjunction with Source Material \n License No. SUA 917, is designated as a processing \n site.\n ``(B) Applicability.--This title applies to the \n Moab Site in the same manner and to the same extent as \n to other processing sites designated under this \n subsection, except that--\n ``(i) sections 103, 107(a), 112(a), and \n 115(a) of this title shall not apply;\n ``(ii) a reference in this title to the \n date of the enactment of this Act shall be \n treated as a reference to the date of enactment \n of this paragraph; and\n ``(iii) the Secretary, subject to the \n availability of appropriations and without \n regard to section 104(b), shall conduct \n remediation at the Moab site in a safe and \n environmentally sound manner, including--\n ``(I) groundwater restoration; and\n ``(II) the removal, to at a site in \n the State of Utah, for permanent \n disposition and any necessary \n stabilization, of residual radioactive \n material and other contaminated \n material from the Moab Site and the \n floodplain of the Colorado River.''.\n\nSEC. 4. CONFORMING AMENDMENT.\n\n Section 3406 of the Strom Thurmond National Defense Authorization \nAct for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting \nafter subsection (e) the following:\n ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to \nthe transfer of Oil Shale Reserve Numbered 2 under section 3405.''.","summary":"Declares that the United States relinquishes all management authority over such conveyed land, including tribal activities conducted on such land, on completion of such conveyance. Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status. Revokes all withdrawals in effect on NOSR-2. Directs the Secretary of the Interior (Secretary) to administer the land and interests in land reserved from such conveyance and to submit to Congress a land use plan. Prohibits the royalty interest reserved from conveyance that is required to be paid by the Tribe from including any development, production, marketing, and operating expenses. Requires the United States to bear responsibility for and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production. Requires the Tribe to: (1) submit to the Secretary of Energy and Congress an annual report on resource development and other activities of the Tribe concerning such conveyance. And (2) obtain an audit of all such resource development activities every five years and include the results in the next annual report. Requires the Tribe: (1) to manage land adjacent to and within a 14 mile of the Green River in a in a manner that maintains the land's protected status and is consistent with a government-to-government agreement and a specified memorandum of understanding between the Tribe and the Secretary. And (2) in accordance with such agreement, to protect any endangered or threatened plant species located or found on the NOSR-2 land conveyed to the Tribe and to manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on such land in a manner that is consistent with Federal law. Requires the Secretary of Energy: (1) to prepare a plan for the commencement of remedial action, including groundwater restoration, at the Atlas uranium milling site, Moab, Utah. (2) to retain the amounts received as royalties under this Act to carry out such remedial action. And (3) until funds authorized by this Act are made available, to use available funds to carry out such remedial action and any remediation activity being carried out at the site by the trustee appointed by the Nuclear Regulatory Commission. Provides that if the site is sold after remedial action is completed, the seller shall pay to the Secretary of Energy the portion of the sale price attributable to such action. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate such site as a processing site, with specified exceptions.","title":"Ute-Moab Land Restoration Act","text_len":15925,"sum_len":2625} {"bill_id":"109_s1913","text":"SECTION 1. TABLE OF CONTENTS.\n\n The table of contents of this Act is as follows:\n\nSection 1. Table of contents.\n TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER\n\nSec. 101. Short title.\nSec. 102. Definitions.\nSec. 103. Memorandum of understanding.\nSec. 104. Lease agreement.\nSec. 105. Authorization of appropriations.\n TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS\n\nSec. 201. Short title.\nSec. 202. Gaylord Nelson Wilderness.\nSec. 203. Arlington House land transfer.\nSec. 204. Cumberland Island Wilderness.\nSec. 205. Petrified Forest boundary.\nSec. 206. Commemorative works.\n\n TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``Dorothy Buell Memorial Visitor \nCenter Lease Act''.\n\nSEC. 102. DEFINITIONS.\n\n In this title:\n (1) Commission.--The term ``Commission'' means the Porter \n County Convention, Recreation and Visitor Commission.\n (2) Lakeshore.--The term ``Lakeshore'' means the Indiana \n Dunes National Lakeshore.\n (3) Lakeshore center.--The term ``Lakeshore Center'' means \n the visitor center for the Lakeshore authorized under section \n 104(a).\n (4) Memorial center.--The term ``Memorial Center'' means \n the Dorothy Buell Memorial Visitor Center located south of the \n Lakeshore boundary on Indiana Route 49.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 103. MEMORANDUM OF UNDERSTANDING.\n\n (a) In General.--The Secretary may enter into a memorandum of \nunderstanding with the Commission to establish a joint partnership with \nrespect to the management of the Memorial Center.\n (b) Requirements.--The memorandum of understanding shall--\n (1) identify the overall goals and purposes of the Memorial \n Center;\n (2) describe the allocation of management and operational \n duties between the Secretary and the Commission with respect to \n the Memorial Center;\n (3) identify how activities of the Memorial Center will be \n funded;\n (4) identify the parties responsible for providing \n amenities at the Memorial Center;\n (5) establish procedures for changing or dissolving the \n joint partnership; and\n (6) address any other issues determined to be appropriate \n by the Secretary or the Commission.\n\nSEC. 104. LEASE AGREEMENT.\n\n (a) In General.--After entering into a memorandum of understanding \nunder section 103(a), the Secretary may enter into an agreement with \nthe Commission to lease space in the Memorial Center for use as a \nvisitor center for the Lakeshore.\n (b) Staff.--The Secretary may use employees of the Lakeshore to \nprovide visitor information and education at the Lakeshore Center.\n\nSEC. 105. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary such sums \nas are necessary to carry out this title.\n\n TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Public Land Technical Amendments \nAct of 2006''.\n\nSEC. 202. GAYLORD NELSON WILDERNESS.\n\n (a) Redesignation.--Section 140 of division E of the Consolidated \nAppropriations Act, 2005 (16 U.S.C. 1132 note; Public Law 108-447), is \namended--\n (1) in subsection (a), by striking ``Gaylord A. Nelson'' \n and inserting ``Gaylord Nelson''; and\n (2) in subsection (c)(4), by striking ``Gaylord A. Nelson \n Wilderness'' and inserting ``Gaylord Nelson Wilderness''.\n (b) References.--Any reference in a law, map, regulation, document, \npaper, or other record of the United States to the ``Gaylord A. Nelson \nWilderness'' shall be deemed to be a reference to the ``Gaylord Nelson \nWilderness''.\n\nSEC. 203. ARLINGTON HOUSE LAND TRANSFER.\n\n Section 2863(h)(1) of Public Law 107-107 (115 Stat. 1333) is \namended by striking ``the George Washington Memorial Parkway'' and \ninserting ``Arlington House, the Robert E. Lee Memorial,''.\n\nSEC. 204. CUMBERLAND ISLAND WILDERNESS.\n\n Section 2(a)(1) of Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. \n709) is amended by striking ``numbered 640\/20,038I, and dated September \n2004'' and inserting ``numbered 640\/20,038K, and dated September \n2005''.\n\nSEC. 205. PETRIFIED FOREST BOUNDARY.\n\n Section 2(1) of the Petrified Forest National Park Expansion Act of \n2004 (16 U.S.C. 119 note) is amended by striking ``numbered 110\/80,044, \nand dated July 2004'' and inserting ``numbered 110\/80,045, and dated \nJanuary 2005''.\n\nSEC. 206. COMMEMORATIVE WORKS.\n\n Section 8908(b)(1) of title 40, United States Code, is amended in \nthe second sentence by striking ``House Administration'' and inserting \n``Resources''.\n\n Passed the Senate September 29, 2006.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Title I: Dorothy Buell Memorial Visitor Center - Dorothy Buell Memorial Visitor Center Lease Act - Authorizes the Secretary of the Interior to enter into a specified memorandum of understanding with the Porter County Convention, Recreation and Visitor Commission to establish a joint partnership with respect to the management of the Dorothy Buell Memorial Visitor Center and, after entering into such a memorandum, lease space in such Memorial Center for use as a visitor center for the Indiana Dunes National Lakeshore . Permits the Secretary to use Lakeshore employees to provide visitor information and education at the Lakeshore Center. Authorizes appropriations. Title II: Public Land Technical Amendments - Public Land Technical Amendments Act of 2006 - Makes technical amendments with respect to certain public lands.","title":"A bill to authorize the Secretary of the Interior to lease a portion of the Dorothy Buell Memorial Visitor Center for use as a visitor center for the Indiana Dunes National Lakeshore, and for other purposes.","text_len":5049,"sum_len":825} {"bill_id":"113_s2865","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voter Registration Modernization \nAct''.\n\nSEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.\n\n (a) Requiring Availability of Internet for Registration.--The \nNational Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is \namended by inserting after section 6 the following new section:\n\n``SEC. 6A. INTERNET REGISTRATION.\n\n ``(a) Requiring Availability of Internet for Online Registration.--\n ``(1) Availability of online registration.--Each State, \n acting through the chief State election official, shall ensure \n that the following services are available to the public at any \n time on the official public websites of the appropriate State \n and local election officials in the State, in the same manner \n and subject to the same terms and conditions as the services \n provided by voter registration agencies under section 7(a):\n ``(A) Online application for voter registration.\n ``(B) Online assistance to applicants in applying \n to register to vote.\n ``(C) Online completion and submission by \n applicants of the mail voter registration application \n form prescribed by the Election Assistance Commission \n pursuant to section 9(a)(2), including assistance with \n providing a signature in electronic form as required \n under subsection (c).\n ``(D) Online receipt of completed voter \n registration applications.\n ``(b) Acceptance of Completed Applications.--A State shall accept \nan online voter registration application provided by an individual \nunder this section, and ensure that the individual is registered to \nvote in the State, if--\n ``(1) the individual meets the same voter registration \n requirements applicable to individuals who register to vote by \n mail in accordance with section 6(a)(1) using the mail voter \n registration application form prescribed by the Election \n Assistance Commission pursuant to section 9(a)(2); and\n ``(2)(A) in the case of an individual who has a signature \n on file with the State motor vehicle authority, the information \n provided in the application matches the records of such State \n motor vehicle authority; and\n ``(B) in any other case, the individual provides a \n signature in electronic form in accordance with subsection (c).\n ``(c) Signatures in Electronic Form.--For purposes of this section, \nan individual provides a signature in electronic form by--\n ``(1) executing a computerized mark in the signature field \n on an online voter registration application; or\n ``(2) submitting with the application an electronic copy of \n the individual's handwritten signature through electronic \n means.\n ``(d) Provision of Services in Nonpartisan Manner.--The services \nmade available under subsection (a) shall be provided in a manner that \nensures that, consistent with section 7(a)(5)--\n ``(1) the online application does not seek to influence an \n applicant's political preference or party registration; and\n ``(2) there is no display on the website promoting any \n political preference or party allegiance, except that nothing \n in this paragraph may be construed to prohibit an applicant \n from registering to vote as a member of a political party.\n ``(e) Protection of Security of Information.--In meeting the \nrequirements of this section, the State shall establish appropriate \ntechnological security measures to prevent to the greatest extent \npracticable any unauthorized access to information provided by \nindividuals using the services made available under subsection (a).\n ``(f) Nondiscrimination Among Registered Voters Using Mail and \nOnline Registration.--In carrying out this Act, the Help America Vote \nAct of 2002, or any other Federal, State, or local law governing the \ntreatment of registered voters in the State or the administration of \nelections for public office in the State, a State shall treat a \nregistered voter who registered to vote online in accordance with this \nsection in the same manner as the State treats a registered voter who \nregistered to vote by mail.\n ``(g) Accessibility of Online Registration.--The services provided \nunder subsection (a) shall be provided in a manner that is accessible \nto individuals with disabilities, including those that are blind and \nvisually impaired, in a manner that provides the same opportunity for \naccess and participation (including privacy and independence) as for \nother voters.''.\n (b) Treatment as Individuals Registering To Vote by Mail for \nPurposes of First-Time Voter Identification Requirements.--Section \n303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. \n21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by \nmail or online under section 6A of the National Voter Registration Act \nof 1993''.\n (c) Conforming Amendments.--\n (1) Timing of registration.--Section 8(a)(1) of the \n National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) \n is amended--\n (A) by striking ``and'' at the end of subparagraph \n (C);\n (B) by redesignating subparagraph (D) as \n subparagraph (E); and\n (C) by inserting after subparagraph (C) the \n following new subparagraph:\n ``(D) in the case of online registration through \n the official public website of an election official \n under section 6A, if the valid voter registration \n application is submitted online not later than the \n lesser of 30 days, or the period provided by State law, \n before the date of the election (as determined by \n treating the date on which the application is sent \n electronically as the date on which it is submitted); \n and''.\n (2) Informing applicants of eligibility requirements and \n penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) \n is amended by striking ``and 7'' and inserting ``6A, and 7''.\n\nSEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.\n\n (a) In General.--\n (1) Updates to information contained on computerized \n statewide voter registration list.--Section 303(a) of the Help \n America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by \n adding at the end the following new paragraph:\n ``(6) Use of internet by registered voters to update \n information.--\n ``(A) In general.--The appropriate State or local \n election official shall ensure that any registered \n voter on the computerized list may at any time update \n the voter's registration information, including the \n voter's address and electronic mail address, online \n through the official public website of the election \n official responsible for the maintenance of the list, \n so long as the voter attests to the contents of the \n update by providing a signature in electronic form in \n the same manner required under section 6A(c) of the \n National Voter Registration Act of 1993.\n ``(B) Processing of updated information by election \n officials.--If a registered voter updates registration \n information under subparagraph (A), the appropriate \n State or local election official shall--\n ``(i) revise any information on the \n computerized list to reflect the update made by \n the voter; and\n ``(ii) if the updated registration \n information affects the voter's eligibility to \n vote in an election for Federal office, ensure \n that the information is processed with respect \n to the election if the voter updates the \n information not later than the lesser of 30 \n days, or the period provided by State law, \n before the date of the election.''.\n (2) Conforming amendment relating to effective date.--\n Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is \n amended by striking ``subparagraph (B)'' and inserting \n ``subparagraph (B) and subsection (a)(6)''.\n (b) Ability of Registrant To Use Online Update To Provide \nInformation on Residence.--Section 8(d)(2)(A) of the National Voter \nRegistration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--\n (1) in the first sentence, by inserting after ``return the \n card'' the following: ``or update the registrant's information \n on the computerized Statewide voter registration list using the \n online method provided under section 303(a)(6) of the Help \n America Vote Act of 2002''; and\n (2) in the second sentence, by striking ``returned,'' and \n inserting the following: ``returned or if the registrant does \n not update the registrant's information on the computerized \n Statewide voter registration list using such online method,''.\n\nSEC. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.\n\n (a) In General.--The Director of the National Institute of \nStandards and Technology shall conduct an ongoing study on best \npractices for implementing the requirements for Internet registration \nunder section 6A of the National Voter Registration Act of 1993 (as \nadded by section 2) and the requirement to permit voters to update \nvoter registration information online under section 303(a)(6) of the \nHelp America Vote Act of 2002 (as added by section 3) in a fully \naccessible manner.\n (b) Report.--\n (1) In general.--Not later than 4 months after the date of \n the enactment of this Act, the Director of the National \n Institute of Standards and Technology shall make publicly \n available a report on the study conducted under subsection (a).\n (2) Quadrennial update.--The Director of the National \n Institute of Standards and Technology shall review and update \n the report made under paragraph (1).\n (c) Use of Best Practices in EAC Voluntary Guidance.--Subsection \n(a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C. \n21101(a)) is amended by adding at the end the following new sentence: \n``Such voluntary guidance shall utilize the best practices developed by \nthe Director of the National Institute of Standards and Technology \nunder section 4 of the Voter Registration Modernization Act for the use \nof the Internet in voter registration.''.\n\nSEC. 5. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO \n INDIVIDUALS REGISTERED TO VOTE.\n\n (a) Including Option on Voter Registration Application To Provide \nE-Mail Address and Receive Information.--\n (1) In general.--Section 9(b) of the National Voter \n Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--\n (A) by striking ``and'' at the end of paragraph \n (3);\n (B) by striking the period at the end of paragraph \n (4) and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(5) shall include a space for the applicant to provide \n (at the applicant's option) an electronic mail address, \n together with a statement that, if the applicant so requests, \n instead of using regular mail the appropriate State and local \n election officials shall provide to the applicant, through \n electronic mail sent to that address, the same voting \n information (as defined in section 302(b)(2) of the Help \n America Vote Act of 2002) which the officials would provide to \n the applicant through regular mail.''.\n (2) Prohibiting use for purposes unrelated to official \n duties of election officials.--Section 9 of such Act (52 U.S.C. \n 20508) is amended by adding at the end the following new \n subsection:\n ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than \nOfficial Purposes.--The chief State election official shall ensure that \nany electronic mail address provided by an applicant under subsection \n(b)(5) is used only for purposes of carrying out official duties of \nelection officials and is not transmitted by any State or local \nelection official (or any agent of such an official, including a \ncontractor) to any person who does not require the address to carry out \nsuch official duties and who is not under the direct supervision and \ncontrol of a State or local election official.''.\n (b) Requiring Provision of Information by Election Officials.--\nSection 302(b) of the Help America Vote Act of 2002 (52 U.S.C. \n21082(b)) is amended by adding at the end the following new paragraph:\n ``(3) Provision of other information by electronic mail.--\n If an individual who is a registered voter has provided the \n State or local election official with an electronic mail \n address for the purpose of receiving voting information (as \n described in section 9(b)(5) of the National Voter Registration \n Act of 1993), the appropriate State or local election official, \n through electronic mail transmitted not later than 30 days \n before the date of the election involved, shall provide the \n individual with information on how to obtain the following \n information by electronic means:\n ``(A) The name and address of the polling place at \n which the individual is assigned to vote in the \n election.\n ``(B) The hours of operation for the polling place.\n ``(C) A description of any identification or other \n information the individual may be required to present \n at the polling place.''.\n\nSEC. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO \n SHOW ELIGIBILITY TO VOTE.\n\n Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. \n20507) is amended--\n (1) by redesignating subsection (j) as subsection (k); and\n (2) by inserting after subsection (i) the following new \n subsection:\n ``(j) Requirement for State To Register Applicants Providing \nNecessary Information To Show Eligibility To Vote.--For purposes \nmeeting the requirement of subsection (a)(1) that an eligible applicant \nis registered to vote in an election for Federal office within the \ndeadlines required under such subsection, the State shall consider an \napplicant to have provided a `valid voter registration form' if--\n ``(1) the applicant has accurately completed the \n application form and attested to the statement required by \n section 9(b)(2); and\n ``(2) in the case of an applicant who registers to vote \n online in accordance with section 6A, the applicant provides a \n signature in accordance with subsection (c) of such section.''.\n\nSEC. 7. IMPLEMENTATION PAYMENTS.\n\n (a) In General.--The Election Assistance Commission shall make an \nimplementation payment each year in an amount determined under \nsubsection (c) to each State.\n (b) Use of Funds.--\n (1) In general.--Except as provided in paragraph (2), a \n State receiving a payment under subsection (a) shall use the \n payment only to meet the requirements of this Act.\n (2) Other activities.--A State may use implementation \n payments to carry out other activities to improve the \n administration of elections for Federal office if the State \n certifies to the Commission that--\n (A) the State has implemented the requirements of \n this Act; and\n (B) the amount expended with respect to such other \n activities does not exceed the an amount equal to the \n minimum payment amount applicable to the State under \n subsection (c)(3).\n (3) Limitation.--Rules similar to the rules of section \n 251(f) of the Help America Vote Act of 2002 (52 U.S.C. \n 21001(f)) shall apply for purposes of this section.\n (c) Allocation of Funds.--\n (1) In general.--Subject to paragraph (3), the amount of an \n implementation payment made to a State for any year shall be \n equal to--\n (A) the total amount appropriated for \n implementation payments for the year pursuant to the \n authorization under subsection (d); and\n (B) the State allocation percentage for the State.\n (2) State allocation percentage.--The term ``State \n allocation percentage'' has the same meaning as given such term \n under section 252(b) of the Help America Vote Act of 2002 (52 \n U.S.C. 21002(b)).\n (3) Minimum amount of payment; other rules.--Rules similar \n to the rules of subsections (c), (d), and (e) of section 252 of \n such Act (52 U.S.C. 21002) shall apply for purposes of this \n subsection.\n (d) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated \n for implementation payments under this section $15,000,000 for \n fiscal year 2015.\n (2) Availability.--Any amounts appropriated pursuant to the \n authority of paragraph (1) shall remain available without \n fiscal year limitation until expended.\n (e) Reports.--Not later than April 1, 2017, each State which \nreceived an implementation payment under this section shall submit a \nreport to the Commission on the activities conducted with funds \nprovided under this section.\n\nSEC. 8. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this Act (other than the amendments made by section \n5) shall take effect January 1, 2016.\n (b) Waiver.--If a State certifies to the Election Assistance \nCommission not later than January 1, 2016, that the State will not meet \nthe deadline referred to in subsection (a) for good cause and includes \nin the certification the reasons for the failure to meet such deadline, \nsubsection (a) shall apply to the State as if the reference in such \nsubsection to ``January 1, 2016'' were a reference to ``January 1, \n2018''.","summary":"Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website. Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information. Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it. Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections.","title":"Voter Registration Modernization Act","text_len":19109,"sum_len":974} {"bill_id":"108_s967","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Equal Treatment Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Veterans Equitable Resource Allocation (VERA) \n formula, established by the Department of Veterans Affairs \n pursuant to section 429 of the Departments of Veterans Affairs \n and Housing and Urban Development, and Independent Agencies \n Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), \n has proved to be an ineffective means of allocating veterans \n medical care dollars fairly across the 22 national service \n regions, known as Veterans Integrated Service Networks (VISNs), \n of the Department of Veterans Affairs.\n (2) The VERA formula has resulted in a system of \n inequitable care at veterans hospitals in different regions of \n the country.\n (3) The VERA formula has resulted in a system in which \n veterans in some regions of the country are forced to compete \n with veterans in other regions for critical medical care \n funding, when the system should be providing funding for \n medical care for all veterans, regardless of where they live, \n to ensure that all veterans have access to the level and \n quality of medical care that they have all earned and deserve.\n (4) The VERA formula should be replaced with a new funding \n formula that puts the funds provided to the Department of \n Veterans Affairs for medical care into the Department of \n Veterans Affairs Medical Centers that are treating patients.\n\nSEC. 3. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) Termination of Vera Formula.--The funding allocation formula \nfor the Department of Veterans Affairs medical care system known as the \nVeterans Equitable Resource Allocation system, established pursuant to \nsection 429 of the Department of Veterans Affairs pursuant to section \n429 of the Departments of Veterans Affairs and Housing and Urban \nDevelopment, and Independent Agencies Appropriations Act, 1997 (Public \nLaw 104-204; 110 Stat. 2929), shall be discontinued by the Secretary of \nVeterans Affairs effective at the end of the fiscal year during which \nthis Act is enacted.\n (b) Development of Replacement Formula.--The Secretary of Veterans \nAffairs shall develop a new formula for the allocation of funds \nappropriated to the Department of Veterans Affairs for Medical Care to \nthe national service regions, known as Veterans Integrated Service \nNetworks (VISNs), of the Department. In developing such formula, the \nSecretary shall take the following requirements into account:\n (1) For any fiscal year for which the amount appropriated \n for Medical Care is an increase from the preceding year, the \n funding level provided under the new formula to any VISN may \n not be less than the amount provided for the preceding year.\n (2) The new formula shall take into account additional \n costs incurred by a VISN due to any of the following factors at \n that VISN being in excess of the median for all VISNs:\n (A) The number of veterans moving into the \n geographic area of that VISN.\n (B) The median age of veterans in that VISN.\n (C) The number of veterans in that VISN requiring \n complex care or nursing home care.\n (D) The age of Department health care facilities in \n that VISN.\n (c) Transition Formula.--If as of the date specified in subsection \n(a) for the termination of the funding allocation formula referred to \nin that subsection the Secretary of Veterans Affairs has not \nimplemented a replacement funding allocation formula in accordance with \nsubsection (b), then effective as of that date and until such \nreplacement funding allocation formula is implemented, the funding \nallocation formula to be applied to amounts appropriated for veterans \nmedical care shall be the formula in effect before the formula referred \nto in subsection (a).\n\nSEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations for Replacement Allocation \nFormula.--There is authorized to be appropriated to the Department of \nVeterans Affairs for fiscal year 2004, $10,000,000 for development and \nimplementation of a replacement funding allocation formula in \naccordance with section 3(b).\n (b) Additional Authorization of Appropriations for Medical Care.--\nThere is authorized to be appropriated to the Department of Veterans \nAffairs for fiscal year 2004, $100,000,000 for ``Medical Care'' for the \nDepartment of Veterans Affairs. Such amount is in addition to any other \namount authorized to be appropriated to the Department of Veterans \nAffairs for fiscal year 2004 and shall be allocated by the Secretary of \nVeterans Affairs to the national service regions, known as Veterans \nIntegrated Service Networks (VISNs), of the Department of Veterans \nAffairs on the basis of need, as follows:\n (1) First, to the VISN that has experienced the greatest \n reduction in funding from the funding levels for fiscal year \n 1997.\n (2) Second, to any other VISN that has experienced an \n overall funding decrease during the six-fiscal-year period \n beginning with fiscal year 1997.\n (3) Third, if any amount appropriated pursuant to such \n authorization remains after allocations pursuant to paragraphs \n (1) and (2), such amount shall be allocated equally among the \n remaining 22 VISNs before implementation of the new formula.","summary":"Veterans Equal Treatment Act - Requires the Secretary of Veterans Affairs to: (1) discontinue the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system at the end of the fiscal year in which this Act is enacted. And (2) develop a new formula for the allocation of funds to the national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs. Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions.","title":"A bill to require the Secretary of Veterans Affairs to replace with a more equitable formula the current formula, known as the Veterans Equitable Resource Allocation (VERA), for the allocation of funds appropriated to the Department of Veterans Affairs for medical care to different geographic regions of the Nation, and for other purposes.","text_len":5800,"sum_len":772} {"bill_id":"104_hr1974","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SSI Disability Benefits Reform Act \nof 1995''.\n\nSEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI BENEFITS BY \n REASON OF DISABILITY.\n\n (a) In General.--Section 1614(a)(3)(G) of the Social Security Act \n(42 U.S.C. 1382c(a)(3)(G)) is amended--\n (1) by inserting ``(i)'' after ``(G)''; and\n (2) by adding at the end the following clause:\n ``(ii) In the case of an individual who has attained 18 years of \nage and for whom a determination has been made of eligibility for a \nbenefit under this title by reason of disability, the following \napplies:\n ``(I) Subject to the provisions of this clause, the \n determination of eligibility is effective for the 3-year period \n beginning on the date of the determination, and the eligibility \n of the individual lapses unless a determination of continuing \n eligibility is made before the end of such period, and before \n the end of each subsequent 3-year period. This subclause ceases \n to apply to the individual upon the individual attaining 65 \n years of age. This subclause does not apply to the individual \n if the individual has an impairment that is not expected to \n improve (or a combination of impairments that are not expected \n to improve).\n ``(II) With respect to a determination under subclause (I) \n of whether the individual continues to be eligible for the \n benefit (in this clause referred to as a `redetermination'), \n the Commissioner may not make the redetermination unless the \n individual submits to the Commissioner an application \n requesting the redetermination. If such an application is \n submitted, the Commissioner shall make the redetermination. \n This subclause is subject to subclause (V).\n ``(III) If as of the date on which this clause takes effect \n the individual has been receiving the benefit for three years \n or less, the first period under subclause (I) for the \n individual is deemed to end on the expiration of the period \n beginning on the date on which this clause takes effect and \n continuing through a number of months equal to 12 plus a number \n equal to 36 minus the number of months the individual has been \n receiving the benefit.\n ``(IV) If as of the date on which this clause takes effect \n the individual has been receiving the benefit for five years or \n less, but for more than three years, the first period under \n subclause (I) for the individual is deemed to end on the \n expiration of the\n 1-year period beginning on the date on which this clause takes \neffect.\n ``(V) If as of the date on which this clause takes effect \n the individual has been receiving the benefit for more than \n five years, the Commissioner shall make redeterminations under \n subclause (I) and may not require the individual to submit \n applications for the redeterminations. The first 3-year period \n under subclause (I) for the individual is deemed to begin upon \n the expiration of the period beginning on the date on which \n this clause takes effect and ending upon the termination of a \n number of years equal to the lowest number (greater than zero) \n that can be obtained by subtracting the number of years that \n the individual has been receiving the benefit from a number \n that is a multiple of three.\n ``(VI) If the individual first attains 18 years of age on \n or after the date on which this clause takes effect, the first \n 3-year period under subclause (I) for the individual is deemed \n to end on the date on which the individual attains such age.\n ``(VII) Not later than one year prior to the date on which \n a determination under subclause (I) expires, the Commissioner \n shall (except in the case of an individual to whom subclause \n (V) applies) provide to the individual a written notice \n explaining the applicability of this clause to the individual, \n including an explanation of the effect of failing to submit the \n application. If the individual submits the application not \n later than 180 days prior to such date and the Commissioner \n does not make the redetermination before such date, the \n Commissioner shall continue to provide the benefit pending the \n redetermination and shall publish in the Federal Register a \n notice that the Commissioner was unable to make the \n redetermination by such date.\n ``(VIII) If the individual fails to submit the application \n under subclause (II) by the end of the applicable period under \n subclause (I), the individual may apply for a redetermination. \n The Commissioner shall make the redetermination for the \n individual only after making redeterminations for individuals \n for whom eligibility has not lapsed pursuant to subclause \n (I).''.\n (b) Effective Date.--The amendment made by subsection (a) takes \neffect upon the expiration of the 9-month period beginning on the date \nof the enactment of this Act.\n (c) Conforming Repeal.--Section 207 of the Social Security \nIndependence and Program Improvements Act of 1994 (42 U.S.C. 1382 note; \n108 Stat. 1516) is hereby repealed.\n\nSEC. 3. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF \n INELIGIBILITY.\n\n Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is \namended by striking paragraph (4).\n\nSEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL IMPAIRMENTS.\n\n (a) In General.--Section 1614(a)(3)(A) of the Social Security Act \n(42 U.S.C. 1382c(a)(3)(A)) is amended--\n (1) by inserting ``(i)'' after ``(3)(A)''; and\n (2) by adding at the end the following clause:\n ``(ii) In making determinations under clause (i) regarding the \nseverity of mental impairments, the Secretary shall revise the \nregulations under subpart P of part 404 of title 20, Code of Federal \nRegulations in order to accomplish the result that (relative to such \nregulations as in effect prior to the date on which this clause takes \neffect) the growth in the enrollment of the program under this title on \nthe basis of mental impairments is slowed. The final rule issued \npursuant to the preceding sentence applies to individuals without \nregard to whether the individuals were receiving benefits under this \ntitle prior to the effective date of such rule.''.\n (b) Final Regulations.--The final rule for the regulations required \nin subsection (a) shall be issued before the expiration of the 9-month \nperiod beginning on the date of the enactment of this Act, and shall \ntake effect upon the expiration of such period.","summary":"SSI Disability Benefits Reform Act of 1995 - Amends title XVI (SSI) of the Social Security Act to: (1) require periodic reapplications with respect to continued receipt of SSI benefits by reason of disability, (2) strike certain restrictions regarding determination of SSI ineligibility, and (3) modify criteria regarding mental impairments.","title":"SSI Disability Benefits Reform Act of 1995","text_len":6995,"sum_len":341} {"bill_id":"103_s1417","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wastewater Treatment Operator \nTraining and Certification Act of 1993''.\n\nSEC. 2. OPERATOR TRAINING.\n\n Section 109 of the Federal Water Pollution Control Act (33 U.S.C. \n1259) is amended to read as follows:\n\n``SEC. 109. OPERATOR TRAINING.\n\n ``(a) National Program.--\n ``(1) In general.--The Administrator shall develop and \n implement a national program to train individuals in the \n operation of municipal and industrial wastewater treatment \n works and other facilities with a water pollution control \n purpose.\n ``(2) Requirements for training program.--The training \n program under this section shall include--\n ``(A) the preparation of undergraduate students \n enrolled in institutions of higher education to enter \n an occupation that involves the design, operation, and \n maintenance of wastewater treatment works;\n ``(B) inservice training to improve and advance the \n knowledge and skills of individuals employed in fields \n related to the design, operation, and maintenance of \n wastewater treatment works; and\n ``(C) preservice training to be provided to high \n school graduates who are not employed to carry out the \n operation and maintenance of a wastewater treatment \n works at the time the training is provided.\n ``(b) Training Program Grants.--\n ``(1) In general.--The Administrator shall make grants to, \n or offer to enter into contracts with, the appropriate \n officials of institutions of higher education, or combinations \n of the institutions, and State agencies to support the \n development and implementation of wastewater treatment training \n programs pursuant to this section.\n ``(2) Guidance.--Not later than 1 year after the date of \n enactment of paragraph (5), the Administrator shall publish \n guidance that specifies the minimum elements of the wastewater \n training programs referred to in paragraph (1). The guidance \n shall indicate the relative emphasis that shall be given to--\n ``(A) facility design, operation, and maintenance;\n ``(B) undergraduate, inservice, and preservice \n training; and\n ``(C) training for industrial and municipal \n facilities.\n ``(3) Solicitation of proposals.--Not later than 18 months \n after the date of enactment of paragraph (5), the Administrator \n shall solicit proposals from institutions of higher education, \n or combinations of the institutions, and State agencies to \n provide training services.\n ``(4) Training grants.--The Administrator shall, to the \n extent adequate funds are available, award training grants to \n institutions of higher education, or combinations of the \n institutions, and State agencies for each fiscal year.\n ``(5) Considerations for awarding grants.--In awarding a \n training grant under this subsection, the Administrator shall \n consider--\n ``(A) the demonstrated capability of the applicant \n to provide training services;\n ``(B) the degree to which the proposed program is \n consistent with the guidance published pursuant to \n paragraph (2);\n ``(C) the results of any evaluation conducted \n pursuant to paragraph (7); and\n ``(D) the degree to which the geographic area to be \n served by the program that is the subject of the grant \n proposal will, in combination with other programs \n funded pursuant to this section, ensure the reasonable \n availability of training programs throughout the United \n States.\n ``(6) Allocation of grants.--In allocating available grant \n funds among training programs, the Administrator shall consider \n the need for training in the area served, as reflected in the \n report to Congress issued pursuant to section 112(b).\n ``(7) Review and evaluation.--The Administrator shall \n provide for the review and evaluation of each training program \n that receives funding pursuant to this section not later than 3 \n years after the program initially receives the funding, and \n every 3 years thereafter.\n ``(c) Training Needs.--The Administrator shall develop and maintain \na system for forecasting the supply of, and demand for, various \nprofessional and other occupational categories needed for the \nprevention, reduction, and elimination of water pollution in each \nregion, State, or area of the United States.''.\n\nSEC. 3. OPERATOR CERTIFICATION.\n\n (a) In General.--Section 110 of the Federal Water Pollution Control \nAct (33 U.S.C. 1260) is amended to read as follows:\n\n``SEC. 110. OPERATOR CERTIFICATION.\n\n ``(a) In General.--\n ``(1) Certification.--The Chief Operator of a publicly \n owned treatment works that has a permit issued pursuant to \n section 402, and such additional personnel as may be designated \n by the Administrator, shall be required to be certified as \n proficient pursuant to this section by a State that has a \n certification program that is approved by the Administrator.\n ``(2) Effective date.--The requirement referred to in \n paragraph (1) shall become effective on the date that is 4 \n years after the date of enactment of paragraph (4), unless the \n Administrator extends the effective date pursuant to paragraph \n (3).\n ``(3) Extension.--The Administrator may extend the \n effective date of the requirement referred to in paragraph (1) \n for a period of not to exceed 3 years on a facility-specific \n basis if the Administrator determines that, with respect to a \n facility, adequate opportunity to seek certification did not \n exist during the period described in paragraph (2).\n ``(4) Certification granted to individual.--Each \n certification of proficiency issued by the appropriate official \n of a State under this section shall be granted to the \n individual that receives the certification and shall not be \n granted to the treatment works where the individual is \n employed.\n ``(5) Period of certification.--A certification of \n proficiency issued under this section shall be effective during \n the 5-year period beginning on the date of certification. An \n individual may be recertified on termination of the 5-year \n period (and on termination of each subsequent 5-year period) if \n the individual complies with inservice training and related \n education requirements for the certification.\n ``(6) Statutory construction.--Nothing in this section is \n intended to be construed to prevent a State from requiring more \n frequent certification than is specified in paragraph (5).\n ``(b) Guidelines.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this subsection, the Administrator shall publish \n guidelines specifying minimum standards for certification of \n operators by a State pursuant to this section.\n ``(2) Requirements for guidelines.--\n ``(A) In general.--The guidelines described in \n paragraph (1) shall specify minimum standards for a \n Chief Operator of a publicly owned treatment works and \n for such additional personnel as the Administrator \n determines appropriate for proficiency certification.\n ``(B) Additional standards.--In addition to the \n standards referred to in subparagraph (A), the \n guidelines shall establish such additional standards as \n the Administrator determines necessary to ensure \n proficiency in the operation of large, complex \n treatment systems. The guidelines may provide for \n onsite assessment in any case in which the assessment \n is necessary to determine proficiency.\n ``(3) Treatment works operator's manual.--Not later than 1 \n year after the date of enactment of this subsection, the \n Administrator shall publish a treatment works operator's manual \n that describes essential knowledge and skills of--\n ``(A) a Chief Operator; and\n ``(B) such additional personnel as the \n Administrator determines appropriate to receive \n operator proficiency certification.\n ``(c) State Programs.--\n ``(1) In general.--Beginning on the date of publication of \n the guidelines under subsection (b), the Governor of a State \n may submit to the Administrator, in such form as the \n Administrator may require, a certification program under this \n section.\n ``(2) Program approval.--\n ``(A) In general.--The Administrator shall review \n and approve or disapprove a program submitted pursuant \n to paragraph (1) not later than 90 days after the \n submittal of the application. The Administrator shall \n approve the application on the basis of a determination \n that--\n ``(i) the State certification program will \n be consistent with the guidelines published \n pursuant to subsection (b);\n ``(ii) the State has committed to implement \n the program by not later than 1 year after the \n date of approval of the application; and\n ``(iii) the State agrees to provide to the \n Administrator such information concerning the \n program as the Administrator may request.\n ``(B) Programs in effect before the submittal of an \n application.--With respect to any State that submits an \n application pursuant to this subsection concerning a \n State certification program that was implemented before \n the date of submittal of the application, in making a \n decision whether to approve the application, the \n Administrator may consider the effectiveness of the \n program in effect on the date of submittal of a program \n pursuant to this subsection.\n ``(3) Disapproval of program.--In any case in which the \n Administrator disapproves a program, the Administrator shall \n provide to the State a written statement of the reasons for \n disapproval. The State may, not later than 90 days after \n receipt of the statement of the Administrator, submit to the \n Administrator such modifications to the application as may be \n necessary. Not later than 30 days after receipt of the revised \n application, the Administrator shall approve or disapprove the \n revised application.\n ``(4) Additional requirements.--A State may establish a \n certification requirement in addition to the requirements \n established pursuant to this section.''.\n (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C. \n1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated \nsection''.\n\nSEC. 4. SCHOLARSHIPS.\n\n (a) Relationship to Training Grant Program.--Section 111(3) of the \nFederal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by \nstriking subparagraph (C) and inserting the following new subparagraph:\n ``(C) that the institution is participating in, or has \n participated in, the training grant program under section \n 109(b); and''.\n (b) Representation of Minorities and Women.--Section 111(3)(D) of \nsuch Act (33 U.S.C. 1261(3)(D)) is amended--\n (1) by striking ``and'' at the end of clause (i); and\n (2) by striking the period at the end and inserting ``, and \n (iii) the institution will make reasonable efforts to ensure \n representation of minorities and women in the program.''.\n\nSEC. 5. DEFINITIONS AND AUTHORIZATIONS.\n\n Section 112 of the Federal Water Pollution Control Act (33 U.S.C. \n1262) is amended--\n (1) in subsection (a)(1), by inserting after the first \n sentence the following new sentence: ``The term shall include \n any community college, technical college, or State \n environmental agency.'';\n (2) by striking subsection (b) and inserting the following \n new subsection:\n ``(b) The Administrator shall, not later than 2 years after the \ndate of enactment of the Wastewater Treatment Operator Training and \nCertification Act of 1993, and not less frequently than every 2 years \nthereafter, submit a report to Congress concerning the implementation \nof training, certification, and scholarship programs under sections \n109, 110, and 111. Each report submitted to Congress under this \nsubsection shall include a forecast of the supply of, and demand for, \nwater pollution control professionals.''; and\n (3) in subsection (c)--\n (A) by inserting ``(1)'' after ``(c)''; and\n (B) by adding at the end the following new \n paragraph:\n ``(2) There are authorized to be appropriated to the Environmental \nProtection Agency to carry out sections 109 and 111, $15,000,000 for \neach of fiscal years 1994 through 2000.''.","summary":"Wastewater Treatment Operator Training and Certification Act of 1993 - Amends the Federal Water Pollution Control Act to revise provisions concerning training grants and contracts to require the Administrator of the Environmental Protection Agency to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities. (2) make grants to, or contracts with, institutions of higher education to support such programs. And (3) publish guidance on the minimum elements of such programs. Requires chief operators and other designated personnel of publicly owned treatment works to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification. And (2) a treatment works operator's manual. Authorizes the delegation of authority for a certification program to a State, subject to certain conditions. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual complies with in-service training and related education. Requires institutions of higher education, in addition to other requirements for receiving scholarships for individuals planning to enter occupations involving treatment works, to: (1) have participated in the treatment works training program. And (2) ensure representation of minorities and women in the scholarship program. Authorizes appropriations.","title":"Wastewater Treatment Operator Training and Certification Act of 1993","text_len":14132,"sum_len":1517} {"bill_id":"113_s2552","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Advantage Participant Bill \nof Rights Act of 2014''.\n\nSEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA \n ORGANIZATIONS.\n\n (a) Limitation.--Section 1852(d) of the Social Security Act (42 \nU.S.C. 1395w-22(d)) is amended by adding at the end the following:\n ``(7) Limitation on removal of providers from ma plans by \n ma organizations.--\n ``(A) Removal of providers with cause.--Beginning \n with plan year 2015, except as provided in subparagraph \n (C), an MA organization offering an MA plan may only \n remove a provider of services or a supplier from a \n network of such plan if the organization has cause to \n remove such provider or supplier.\n ``(B) Cause to remove providers.--\n ``(i) In general.--An MA organization \n offering an MA plan has cause to remove a \n provider of services or a supplier from a \n network of such plan if the Secretary \n determines that the provider or supplier is--\n ``(I) medically negligent;\n ``(II) in violation of any legal or \n contractual requirement applicable to \n the provider or supplier acting within \n the lawful scope of practice, including \n any participation or other requirement \n applicable to such provider or supplier \n under this title or under any \n contractual term for such plan; or\n ``(III) otherwise unfit to furnish \n items and services in accordance with \n requirements of this title.\n ``(ii) Consideration of cost to ma \n organizations.--For purposes of subparagraph \n (A), cost to an MA organization offering an MA \n plan due to the participation of a provider of \n services or supplier in a network of such plan \n does not constitute cause for the MA \n organization to remove such provider or \n supplier from the network, and such cost may \n not be considered as a factor in favor of a \n determination that such organization has cause \n to remove the provider.\n ``(C) Exception.--With respect to each upcoming \n plan year, beginning with plan year 2015, an MA \n organization offering an MA plan may only remove a \n provider of services or supplier from a network of such \n plan for reasons not specified in subparagraph (B)(i) \n before the date that is 60 days before the first day of \n the annual coordinated election period for such plan \n year under section 1851(e)(3).\n ``(D) Notice and appeal process.--\n ``(i) In general.--Any removal of a \n provider of services or supplier from a network \n of an MA plan may occur only after the \n completion of a fair notice and appeal process \n that the Secretary shall establish by \n regulation. Such process shall require the MA \n organization to provide to such provider or \n supplier and to the Secretary an explanation of \n the reason or reasons for the removal.\n ``(ii) Application.--\n ``(I) Application of new process.--\n In the case of a removal of a provider \n of services or supplier from a network \n of an MA plan occurring on or after the \n effective date published in a final \n rule for such fair notice and appeal \n process, such process shall apply in \n lieu of the process for the termination \n or suspension of a provider contract \n under section 422.202(a) of title 42, \n Code of Federal Regulations.\n ``(II) Continuation of old \n process.--In the case of a removal of a \n provider of services or supplier from a \n network of an MA plan occurring before \n such effective date, the process for \n the termination or suspension of a \n provider contract under section \n 422.202(a) of title 42, Code of Federal \n Regulations, shall apply.\n ``(E) Participant notice and protection.--\n ``(i) Notice to participants of provider \n removal.--Not less than 60 days before the date \n on which a provider of services or supplier is \n removed from a network of an MA plan, the MA \n organization offering such plan shall provide \n notification of the removal to each individual \n enrolled in such plan receiving items or \n services from the provider or supplier during \n the plan year in effect on the date of removal \n or during the previous plan year. Such \n notification shall include--\n ``(I) the names and telephone \n numbers of in-network providers of \n services and suppliers offering items \n and services that are the same or \n similar to the items and services \n offered by the removed provider or \n supplier;\n ``(II) information regarding the \n options available to an individual \n enrolled in such plan to request the \n continuation of medical treatment or \n therapy with the removed provider or \n supplier; and\n ``(III) one or more customer \n service telephone numbers that an \n individual enrolled in such plan may \n access to obtain information regarding \n changes to the network of the plan.\n ``(ii) Annual notice of change.--In \n addition to providing the notification of \n removal as required under clause (i), the MA \n organization offering such MA plan shall \n include such notification in the annual notice \n of change for the MA plan for the upcoming plan \n year.\n ``(iii) Continuity of care.--In any case in \n which a provider of services or supplier is \n removed from a network of an MA plan, such plan \n shall ensure that the removal satisfies the \n continuity of care requirements under paragraph \n (1)(A) with respect to each individual enrolled \n in such plan receiving items or services from \n the provider or supplier during the plan year \n in effect on the date of removal or during the \n previous plan year.\n ``(F) Rule of construction.--Nothing in this \n paragraph shall be construed as affecting the ability \n of a provider of services or supplier to decline to \n participate in a network of an MA plan.\n ``(8) Transparency in measures used by ma organizations to \n establish or modify provider networks.--\n ``(A) In general.--Beginning with plan year 2016, \n an MA organization offering an MA plan shall include \n the information described in subparagraph (B)--\n ``(i) in the annual bid information \n submitted by the MA organization with respect \n to the MA plan under section 1854; and\n ``(ii) on the Internet Web Site for the MA \n plan.\n ``(B) Information described.--The information \n described in this subparagraph is the following:\n ``(i) Information regarding the measures \n used by the MA organization to establish or \n modify the provider network of the MA plan, \n including measures of the quality and \n efficiency of providers. Such information shall \n include the specifications, methodology, and \n sample size of such measures.\n ``(ii) Other information related to the \n establishment or modification of such provider \n network that the Secretary determines \n appropriate.\n ``(C) Limitation.--The information described in \n subparagraph (B) shall not include any individually \n identifiable information of any provider or supplier of \n services.''.\n (b) Enforcement.--\n (1) Sanctions for noncompliance.--Section 1857(g)(1) of the \n Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--\n (A) in subparagraph (J), by striking ``or'';\n (B) by redesignating subparagraph (K) as \n subparagraph (L);\n (C) by inserting after subparagraph (J) the \n following new subparagraph:\n ``(K) fails to comply with sections 1852(d)(7) or \n 1852(d)(8); or''; and\n (D) in subparagraph (L) (as so redesignated), by \n striking ``through (J)'' and inserting ``through (K)''.\n (2) Sanctions not applicable to part d.--Title XVIII of the \n Social Security Act is amended--\n (A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w-\n 112(b)(3)(E)), by striking ``paragraph (1)(F)'' and \n inserting ``paragraphs (1)(F) and (1)(K)''; and\n (B) in section 1894(e)(6)(B) (42 U.S.C. \n 1395eee(e)(6)(B)), by inserting ``(other than paragraph \n (1)(K) of such section)'' after ``1857(g)(1)''.\n (c) Network Access Adequacy Standards.--Beginning with plan year \n2015, in applying the network access adequacy standards pursuant to \nsection 1852(d)(1) of the Social Security Act (42 U.S.C. 1395w-\n22(d)(1)), the Secretary of Health and Human Services shall seek input \nfrom patient advocacy groups, providers of services and suppliers, and \nMA plans under part C of title XVIII of such Act.\n (d) Medicare Advantage Plan Compare Tool.--Not later than September \n30, 2015, the Secretary of Health and Human Services shall take such \nmeasures as are necessary to ensure that the Medicare Advantage Compare \nTool takes into account the preferences and utilization needs of such \nindividuals.","summary":"Medicare Advantage Participant Bill of Rights Act of 2014 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act to require a Medicare Advantage (MA) organization to remove a service provider or a supplier from a plan network only for cause, subject to completion of a fair notice and appeals process. Lists as cause for removal: (1) medical negligence, (2) violation of any legal or contractual requirement for the provider or supplier acting within the lawful scope of practice, or (3) unfitness to furnish items and services in accordance with Medicare requirements. Requires an MA organization offering an MA plan to include information on the measures used to establish or modify the plan's provider network: (1) in the annual bid information submitted about the MA plan, and (2) on the plan's Internet Web. Subjects to certain sanctions MA organizations with contracts which fail to meet these information requirements. Directs the Secretary of Health and Human Services (HHS) to: (1) seek input from patient advocacy groups and others in applying network access adequacy standards, and (2) take necessary measures to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.","title":"Medicare Advantage Participant Bill of Rights Act of 2014","text_len":12460,"sum_len":1280} {"bill_id":"110_hr2330","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Employment Transition \nSupport Act of 2007'' or the ``VETS Act of 2007''.\n\nSEC. 2. CREDIT FOR EMPLOYERS HIRING VETERANS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45O. CREDIT FOR EMPLOYERS HIRING VETERANS.\n\n ``(a) General Rule.--For purposes of section 38, the military \nservice personnel employment credit for the taxable year shall be equal \nto--\n ``(1) in the case of a qualified veteran, 40 percent of the \n qualified first-year wages with respect to such veteran for \n such year, and\n ``(2) in the case of a qualified disabled veteran, the \n applicable percentage of the qualified first-year wages with \n respect to such veteran for such year.\n ``(b) Veteran Taken Into Account Only Once.--No credit shall be \ndetermined under subsection (a) with respect to any veteran unless such \nveteran has elected (in such form and manner as the Secretary may \nrequire) to have his qualified first-year wages taken into account with \nrespect to the employer paying such wages. A veteran may make only one \nelection under this subsection. The Secretary shall require such \nreporting as the Secretary determines is necessary to carry out the \npurposes of this subsection.\n ``(c) Qualified Wages.--For purposes of this section--\n ``(1) In general.--The term `qualified wages' means, with \n respect to any individual, the wages paid or incurred by the \n employer during the taxable year to such individual.\n ``(2) Qualified first-year wages.--The term `qualified \n first-year wages' means, with respect to any individual, \n qualified wages attributable to service rendered during the 1-\n year period beginning with the day the individual begins work \n for the employer.\n ``(3) Wages.--The term `wages' has the meaning given such \n term by section 51(c), without regard to paragraph (4) thereof.\n ``(d) Qualified Veteran; Hiring Date.--For purposes of this \nsection--\n ``(1) Qualified veteran.--The term `qualified veteran' \n means any individual who is certified by the designated local \n agency (as defined in section 51(d)(11)) as being a veteran (as \n defined in section 51(d)(3)(B)).\n ``(2) Hiring date.--The term `hiring date' has the meaning \n given such term by section 51(d).\n ``(e) Qualified Disabled Veteran; Applicable Percentage.--\n ``(1) In general.--The term `qualified disabled veteran' \n means any qualified veteran who is certified by the designated \n local agency (as defined in section 51(d)(11)) as having a \n disability that has been determined under the laws administered \n by the Secretary of Veterans Affairs to be service-connected \n and that is rated by such Secretary (as of the date of the \n certification) as 10 percent or more disabling.\n ``(2) Applicable percentage.--The term `applicable \n percentage' means the percentage determined in accordance with \n the following table:\n\n \n \n \n``Percentage of disability: Applicable percentage:\nAt least 10 but not over 20....... 41\nAt least 20 but not over 30....... 42\nAt least 30 but not over 40....... 43\nAt least 40 but not over 50....... 44\nAt least 50 but not over 60....... 45\nAt least 60 but not over 70....... 46\nAt least 70 but not over 80....... 47\nAt least 80 but not over 90....... 48\nAt least 90 but not over 100...... 49\n100 percent....................... 50\n\n ``(f) Certain Rules To Apply.--Rules similar to the rules of \nsection 52, and subsections (d)(11), (f), (g), (i) (as in effect on the \nday before the date of the enactment of the Taxpayer Relief Act of \n1997), (j), and (k) of section 51, shall apply for purposes of this \nsection.\n ``(g) Coordination With Work Opportunity Credit.--The credit \nallowed under this section with respect to any qualified first-year \nwages shall be in addition to any credit allowed under section 51 with \nrespect to such wages.''.\n (b) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (30), by striking the period at the end of paragraph (31) \nand inserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(32) the military service personnel employment credit \n determined under section 45O(a).''.\n (c) Technical Amendments.--\n (1) Clause (iii) of section 41(b)(2)(D) of such Code is \n amended to read as follows:\n ``(iii) Exclusion for wages to which \n employment credits apply.--The term `wages' \n shall not include any amount taken into account \n in determining the credit under section 45O(a) \n or 51(a).''.\n (2) Subparagraph (B) of section 45A(b)(1) of such Code is \n amended to read as follows:\n ``(B) Coordination with other employment credits.--\n The term `qualified wages' shall not include wages \n attributable to service rendered during the 1-year \n period beginning with the day the individual begins \n work for the employer if any portion of such wages is \n taken into account in determining the credit under \n section 45O or 51.''.\n (3) Subsection (a) of section 280C of such Code is amended \n by inserting ``45O(a),'' after ``45A(a),''.\n (4) Paragraph (3) of section 1396(c) of such Code is \n amended to read as follows:\n ``(3) Coordination with other employment credits.--\n ``(A) In general.--The term `qualified wages' shall \n not include wages taken into account in determining the \n credit under section 45O or 51.\n ``(B) Coordination with paragraph (2).--The $15,000 \n amount in paragraph (2) shall be reduced for any \n calendar year by the amount of wages paid or incurred \n during such year which are taken into account in \n determining the credits under sections 45O and 51.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45O. Credit for employers hiring veterans.''.\n (e) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for the employer after the date of \nthe enactment of this Act.","summary":"Veterans' Employment Transition Support Act of 2007 or the VETS Act of 2007 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring certain veterans certified by designated local agencies as having served on active duty in the Armed Forces for a period of more than 180 days or having been discharged or released from active duty for a service-connected disability. Sets the amount of such credit at 40 of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings.","title":"To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for hiring veterans.","text_len":6942,"sum_len":585} {"bill_id":"114_hr2675","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Low Volume Motor Vehicle \nManufacturers Act of 2015''.\n\nSEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME \n MANUFACTURERS.\n\n Section 30114 of title 49, United States Code, is amended--\n (1) by striking ``The'' and inserting ``(a) Vehicles Used \n for Particular Purposes.--The''; and\n (2) by adding at the end the following new subsection:\n ``(b) Exemption for Low Volume Manufacturers.--\n ``(1) In general.--The Secretary shall--\n ``(A) exempt from section 30112(a) of this title \n not more than 500 replica motor vehicles per year that \n are manufactured or imported by a low volume \n manufacturer; and\n ``(B) except as provided in paragraph (5) of this \n subsection, limit any such exemption to the Federal \n Motor Vehicle Safety Standards applicable to motor \n vehicles and not motor vehicle equipment.\n ``(2) Registration requirement.--To qualify for an \n exemption under paragraph (1), a low volume manufacturer shall \n register with the Secretary at such time, in such manner, and \n under such terms that the Secretary determines appropriate. The \n Secretary shall establish terms that ensure that no person may \n register as a low volume manufacturer if the person is \n registered as an importer under section 30141 of this title.\n ``(3) Permanent label requirement.--\n ``(A) In general.--The Secretary shall require a \n low volume manufacturer to affix a permanent label to a \n motor vehicle exempted under paragraph (1) that \n identifies the specified standards and regulations for \n which such vehicle is exempt from section 30112(a) and \n designates the model year such vehicle replicates.\n ``(B) Written notice.--The Secretary may require a \n low volume manufacturer of a motor vehicle exempted \n under paragraph (1) to deliver written notice of the \n exemption to--\n ``(i) the dealer; and\n ``(ii) the first purchaser of the motor \n vehicle, if the first purchaser is not an \n individual that purchases the motor vehicle for \n resale.\n ``(C) Reporting requirement.--A low volume \n manufacturer shall annually submit a report to the \n Secretary including the number and description of the \n motor vehicles exempted under paragraph (1) and a list \n of the exemptions described on the label affixed under \n subparagraph (A).\n ``(4) Definitions.--In this subsection:\n ``(A) Low volume manufacturer.--The term `low \n volume manufacturer' means a motor vehicle \n manufacturer, other than a person who is registered as \n an importer under section 30141 of this title, whose \n annual worldwide production is not more than 5,000 \n motor vehicles.\n ``(B) Replica motor vehicle.--The term `replica \n motor vehicle' means a motor vehicle produced by a low \n volume manufacturer and that--\n ``(i) is intended to resemble the body of \n another motor vehicle that was manufactured not \n less than 25 years before the manufacture of \n the replica motor vehicle; and\n ``(ii) is manufactured under a license for \n the product configuration, trade dress, \n trademark or patent for the motor vehicle that \n is intended to be replicated from the original \n manufacturer, its successors or assignees, or \n current owner of such rights, unless there is a \n preponderance of evidence that such rights have \n been abandoned for at least three years.\n ``(5) Conforming amendment.--Any motor vehicle exempted \n under this subsection shall also be exempted from sections \n 32304, 32502, and 32902 of this title, and from section 1232 of \n title 15 of the United States Code.\n ``(6) Limitation and public notice.--The Secretary shall \n have 60 days to review and approve a registration submitted \n under paragraph (2). Any registration not approved or denied \n within 60 days shall be deemed approved. The Secretary shall \n have the authority to revoke an existing registration based on \n a failure to comply with requirements set forth in this \n subsection. The registrant shall be provided a reasonable \n opportunity to correct all deficiencies, if such are \n correctable based on the sole discretion of the Secretary. An \n exemption granted by the Secretary to a low volume manufacturer \n under this subsection may not be transferred to any other \n person, and any unused allotment of vehicles authorized to be \n manufactured or imported on an annual basis by a low volume \n manufacturer shall not carry forward to another calendar year. \n The Secretary shall maintain and update the list of current \n registrants on an annual basis and publish such list in the \n Federal Register or on a Web page operated by the Secretary.\n ``(7) Limitation of liability for original manufacturers, \n licensors, or owners of product configuration, trade dress or \n design patents.--The original manufacturer, its successor or \n assignee, or current owner who grants a license or otherwise \n transfers rights to a low volume manufacturer as defined in \n this section shall incur no liability to any person or entity \n under Federal or State statute, regulation, local ordinance, or \n under any Federal or State common law for such license or \n assignment to a low volume manufacturer.''.\n\nSEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR \n VEHICLE MANUFACTURERS.\n\n Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is \namended--\n (1) in section 206(a) by adding at the end the following \n new paragraph:\n ``(5)(A) A motor vehicle engine (including all engine \n emission controls) from a motor vehicle that has been granted a \n certificate of conformity by the Administrator for the model \n year in which the motor vehicle is assembled, or an engine that \n has been granted an Executive order for the model year in which \n the motor vehicle is assembled subject to regulations \n promulgated by the California Air Resources Board, may be \n installed in an exempted specially produced motor vehicle, if--\n ``(i) the manufacturer of the engine supplies \n written instructions explaining how to install the \n engine and maintain functionality of the engine's \n emission control system and the on-board diagnostic \n system (commonly known as `OBD II'), except with \n respect to evaporative emissions diagnostics;\n ``(ii) the producer of the exempted specially \n produced motor vehicle installs the engine in \n accordance with such instructions; and\n ``(iii) the installation instructions include \n emission control warranty information from the engine \n manufacturer in compliance with section 207, including \n where warranty repairs can be made, emission control \n labels to be affixed to the vehicle, and the \n certificate of conformity number for the applicable \n vehicle in which the engine was originally intended or \n the applicable Executive order number for the engine.\n ``(B) A motor vehicle containing an engine compliant with \n the requirements of subparagraph (A) shall be treated as \n meeting the requirements of section 202 applicable to new \n vehicles manufactured or imported in the model year in which \n the exempted specially produced motor vehicle is assembled.\n ``(C) Engine installations that are not performed in \n accordance with installation instructions provided by the \n manufacturer and alterations to the engine not in accordance \n with the installation instructions shall be treated as \n prohibited acts by the installer under section 203 and subject \n to penalties under section 205.\n ``(D) The producer of an exempted specially produced motor \n vehicle that has an engine compliant with the requirements of \n subparagraph (A) shall provide to the purchaser of such vehicle \n all information received by the producer from the engine \n manufacturer, including information regarding emissions \n warranties from the engine manufacturer and all emissions-\n related recalls by the engine manufacturer.\n ``(E) To qualify to install an engine under this paragraph, \n a producer of exempted specially produced motor vehicles shall \n register with the Administrator at such time and in such manner \n as the Administrator determines appropriate. The producer shall \n submit an annual report to the Administrator that includes--\n ``(i) a description of the exempted specially \n produced motor vehicles produced and engines installed \n in such vehicles; and\n ``(ii) the certificate of conformity number issued \n to the motor vehicle in which the engine was originally \n intended or the applicable Executive order number for \n the engine.\n ``(F) Exempted specially produced motor vehicles compliant \n with this paragraph shall be exempted from--\n ``(i) motor vehicle certification testing that \n might otherwise be required under section 206; and\n ``(ii) vehicle emission control inspection and \n maintenance programs required under section 110.\n ``(G) A producer of exempted specially produced motor \n vehicles that is compliant with subparagraphs (A) through (E) \n of this paragraph is not considered a manufacturer for the \n purposes of this Act.''; and\n (2) in section 216 by adding at the end the following new \n paragraph:\n ``(12) Exempted specially produced motor vehicle.--The term \n `exempted specially produced motor vehicle' means a replica \n motor vehicle that is exempt from specified standards as \n defined in section 30114(b) of title 49, United States Code.''.\n\nSEC. 4. IMPLEMENTATION.\n\n Not later than 12 months after the date of the enactment of this \nAct, the Secretary of Transportation and the Administrator of the \nEnvironmental Protection Agency shall issue such regulations as may be \nnecessary to implement sections 2 and 3 of this Act, respectively.","summary":"Low Volume Motor Vehicle Manufacturers Act of 2015 This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer. The term quot, low volume manufacturerquot. Means a motor vehicle manufacturer that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met.","title":"Low Volume Motor Vehicle Manufacturers Act of 2015","text_len":11670,"sum_len":1168} {"bill_id":"114_hr5606","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Anti-terrorism Information Sharing \nIs Strength Act''.\n\nSEC. 2. INFORMATION SHARING.\n\n (a) In General.--Section 314 of the USA PATRIOT Act (31 U.S.C. 5311 \nnote) is amended--\n (1) in subsection (b)--\n (A) by striking ``terrorist or money laundering \n activities'' and inserting ``terrorist acts, money \n laundering activities, or a specified unlawful activity \n (as defined under section 1956(c)(7) of title 18, \n United States Code)''; and\n (B) by striking ``activities that may involve \n terrorist acts or money laundering activities'' and \n inserting ``activities that may involve terrorist acts, \n money laundering activities, or a specified unlawful \n activity''; and\n (2) in subsection (c), by inserting ``or a specified \n unlawful activity (as defined under section 1956(c)(7) of title \n 18, United States Code)'' after ``terrorist acts or money \n laundering activities''.\n (b) Update to Regulations.--Section 314(a) of the USA PATRIOT Act \n(31 U.S.C. 5311 note) is amended by striking ``or money laundering \nactivities'' each place such term appears and inserting ``, money \nlaundering activities, or a specified unlawful activity (as defined \nunder section 1956(c)(7) of title 18, United States Code)''.\n (c) Sense of Congress.--Section 314 of the USA PATRIOT Act (31 \nU.S.C. 5311 note) is amended by adding at the end the following:\n ``(e) Sense of Congress.--It is the sense of the Congress that, in \nfurtherance of efforts to stop the financing of terror and other forms \nof illicit financing through increased sharing of information, and \nconsistent with the need to prevent inappropriate dissemination of such \ninformation--\n ``(1) Federal law enforcement agencies and regulators \n should share information about terrorist activities, money \n laundering activities, and other specified unlawful activities \n (as defined under section 1956(c)(7) of title 18, United States \n Code) to the fullest extent possible and in a timely fashion; \n and\n ``(2) financial institutions, including nonbank financial \n institutions, should share information about such acts and \n activities with each other to the fullest extent possible and \n in a timely fashion.''.\n\nSEC. 3. DISCLOSURE LIABILITY.\n\n Section 5318(g)(3)(B) of title 31, United States Code, is amended--\n (1) in clause (i), by striking ``or'' at the end;\n (2) in clause (ii), by striking the period and inserting \n ``; or''; and\n (3) by adding at the end the following:\n ``(iii) any duty or requirement of a \n financial institution or any director, officer, \n employee, or agent of such institution to \n demonstrate to any person, as used in such \n subparagraph, that a disclosure referenced in \n such subparagraph is made in good faith.''.\n\nSEC. 4. REPORT TO CONGRESS.\n\n (a) In General.--Not later than the end of the 120-day period \nbeginning on the date of the enactment of this Act, the Secretary of \nthe Treasury shall report to the Committee on Financial Services of the \nHouse of Representatives and the Committee on Banking, Housing, and \nUrban Affairs of the Senate regarding--\n (1) the Department of the Treasury's assessment of the \n risks and benefits of allowing sharing of information, \n consistent with appropriate privacy protections--\n (A) between United States financial institutions \n and foreign financial institutions;\n (B) between United States financial institutions \n and their foreign subsidiaries; and\n (C) between United States subsidiaries of foreign \n financial institutions and their parent financial \n institutions; and\n (2) whether a financial institution defined under section \n 5312(a)(2) of title 31, United States Code, that is not \n required under Treasury regulations on the date of the \n enactment of this Act to maintain an anti-money laundering \n program, should be authorized to appropriately share \n information pursuant to subsection (b) of section 314 of the \n USA PATRIOT Act, if--\n (A) the financial institution voluntarily \n establishes and maintains such an anti-money laundering \n program;\n (B) such program is subject to examination, and has \n been examined, by the appropriate regulator; and\n (C) the Secretary determines such program to be \n adequately operating.\n (b) Separate Presentation of Classified Material.--Any part of the \nreport described under subsection (a) that involves information which \nis properly classified under criteria established by the President \nshall be submitted to the committees described under subsection (a) \nseparately in a classified annex and, if requested by the chairman or \nranking Member of one of such committees, as a briefing at an \nappropriate level of security.\n\nSEC. 5. RULEMAKING.\n\n Not later than the end of the 180-day period beginning on the date \nof the enactment of this Act, the Secretary of the Treasury shall issue \nregulations to be consistent with the amendments made by this Act.","summary":"Anti-terrorism Information Sharing Is Strength Act This bill amends the USA PATRIOT Act to allow two or more financial institutions and any association of financial institutions, upon notice provided to the Department of the Treasury, to share information with one another regarding individuals, entities, organizations, and countries suspected of the unlawful activity the proceeds of which form the basis of a money laundering offense. A financial institution or association that transmits, receives, or shares such information to identify and report this activity shall not be liable to any person for such disclosure or for any failure to provide notice of it to the subject, or any other person identified in the disclosure, except where the transmission, receipt, or sharing violates the Act or regulations promulgated under it. The bill expresses the sense of Congress concerning the need for federal law enforcement agencies and regulators, as well as financial institutions, to share information about terrorist activities, money laundering activities, and unlawful activities to the fullest extent possible and in a timely fashion.","title":"Anti-terrorism Information Sharing Is Strength Act","text_len":5709,"sum_len":1141} {"bill_id":"103_hr1011","text":"SECTION 1. NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN.\n\n Not later than 30 days after the date of enactment of this Act, the \nAttorney General shall establish a task force to be known as the \n``National Task Force on Violence against Women'' (referred to in this \nAct as the ``task force'').\n\nSEC. 2. DUTIES.\n\n (a) General Purpose of Task Force.--The task force shall develop a \nuniform Federal, State, and local law enforcement strategy aimed at \nprotecting women against violent crime, punishing persons who commit \nsuch crimes, and enhancing the rights of victims of such crimes.\n (b) Duties of Task Force.--The task force shall perform such \nfunctions as the Attorney General deems appropriate to carry out the \npurposes of the task force, including--\n (1) considering the reports of past Federal and State task \n forces or commissions on violent crime, family violence, and \n crime victims, including the President's Task Force on Victims \n of Crime (1982), the Attorney General's Task Force on Family \n Violence (1984), and the task forces and commissions \n established by the States of Alabama, Alaska, Arkansas, Hawaii, \n Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, \n Nebraska, New Mexico, New York, North Carolina, Rhode Island, \n Virginia, Texas, Wisconsin, and Wyoming;\n (2) developing strategies for Federal, State, and local law \n enforcement designated to protect women against violent crime, \n and to prosecute and punish those responsible for such crime;\n (3) evaluating the adequacy of sentencing, incarceration, \n and release of violent offenders against women, and making \n recommendations designated to ensure that such offenders \n receive appropriate punishment; and\n (4) evaluating the adequacy of the treatment of victims of \n violent crime against women within the criminal justice system, \n and making recommendations designed to improve such treatment.\n\nSEC. 3. MEMBERSHIP.\n\n (a) In General.--The task force shall consist of up to 10 members, \nwho shall be appointed by the Attorney General not later than 60 days \nafter the date of enactment of this Act. The Attorney General shall \nensure that the task force includes representatives of State and local \nlaw enforcement, the State and local judiciary, and groups dedicated to \nprotecting the rights of victims.\n (b) Chairperson.--The Attorney General or a designee shall serve as \nthe chairperson of the task force.\n\nSEC. 4. PAY.\n\n (a) No Additional Compensation.--Members of the task force who are \nofficers or employees of a governmental agency shall receive no \nadditional compensation by reason of their service on the task force.\n (b) Per Diem.--While away from their homes or regular places of \nbusiness in the performance of duties for the task force, members of \nthe task force shall be allowed travel expenses, including per diem in \nlieu of subsistence, at rates authorized for employees of agencies \nunder sections 5702 and 5703 of title 5, United States Code.\n\nSEC. 5. EXECUTIVE DIRECTOR AND STAFF.\n\n (a) Executive Director.--\n (1) Appointment.--The task force shall have an Executive \n Director who shall be appointed by the Attorney General not \n later than 30 days after the task force is fully constituted \n under subsection (c).\n (2) Compensation.--The Executive Director shall be \n compensated at a rate not to exceed the maximum rate of the \n basic pay payable under GS-15 of the General Schedule as \n contained in title 5, United States Code.\n (b) Staff.--With the approval of the task force, the Executive \nDirector may appoint not more than 12 individuals to serve as staff and \nfix the compensation of such additional personnel as the Executive \nDirector considers necessary to carry out the duties of the task force.\n (c) Applicability of Civil Service Laws.--The Executive Director \nand the additional personnel of the task force appointed under \nparagraph (2) may be appointed without regard to the provisions of \ntitle 5, United States Code, governing appointments in the competitive \nservice, and may be paid without regard to the provisions of chapter 51 \nand subchapter III of chapter 53 of such title relating to \nclassification and General Schedule pay rates.\n\nSEC. 6. POWERS OF TASK FORCE.\n\n (a) Hearings.--For the purpose of carrying out this section, the \ntask force may conduct such hearings, sit and act at such times and \nplaces, take such testimony, and receive such evidence, as the task \nforce considers appropriate. The task force may administer oaths before \nthe task force.\n (b) Delegation.--Any member or employee of the task force may, if \nauthorized by the task force, take any action that the task force is \nauthorized to take under this section.\n (c) Access to Information.--The task force may secure directly from \nany executive department or agency such information as may be necessary \nto enable the task force to carry out this section, to the extent \naccess to such information is permitted by law.\n (d) Mail.--The task force may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n\nSEC. 7. REPORT.\n\n Not later than 1 year after the date on which the task force is \nfully constituted under subsection (c), the Attorney General shall \nsubmit a detailed report to the Congress on the findings and \nrecommendations of the task force.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $500,000 to carry out the \npurposes of this Act.\n\nSEC. 9. TERMINATION.\n\n The task force shall cease to exist 30 days after the date on which \nthe Attorney General's report is submitted under section 8.","summary":"Directs the Attorney General to establish a National Task Force on Violence against Women. Includes among the duties of the task force: (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims. (2) developing strategies for Federal, State, and local law enforcement to protect women against violent crime and to prosecute and punish those responsible for such crime. (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women and making recommendations to ensure that such offenders receive appropriate punishment. And (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system and making recommendations designed to improve such treatment. Authorizes appropriations.","title":"To establish a task force to recommend a uniform strategy to protect women against violent crime.","text_len":5912,"sum_len":853} {"bill_id":"105_hr3222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Highway Infrastructure Privatization \nAct''.\n\nSEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE \n CONSTRUCTION.\n\n (a) Treatment as Exempt Facility Bond.--Subsection (a) of section \n142 of the Internal Revenue Code of 1986 (relating to exempt facility \nbond) is amended by striking ``or'' at the end of paragraph (11), by \nstriking the period at the end of paragraph (12) and inserting ``, \nor'', and by adding at the end the following:\n ``(13) qualified highway infrastructure projects.''\n (b) Qualified Highway Infrastructure Projects.--Section 142 of such \nCode is amended by adding at the end the following:\n ``(k) Qualified Highway Infrastructure Projects.--\n ``(1) In general.--For purposes of subsection (a)(13), the \n term `qualified highway infrastructure project' means a \n project--\n ``(A) for the construction or reconstruction of a \n highway, and\n ``(B) designated under paragraph (2) as an eligible \n pilot project.\n ``(2) Eligible pilot project.--\n ``(A) In general.--The Secretary of Transportation, \n in consultation with the Secretary of the Treasury, \n shall select not more than 15 highway infrastructure \n projects to be pilot projects eligible for tax-exempt \n financing.\n ``(B) Eligibility criteria.--The Secretary of \n Transportation shall establish criteria for the \n selection of projects under subparagraph (A), except \n that no project may be selected unless the project--\n ``(i) serves the general public;\n ``(ii) is necessary to evaluate the \n potential of the private sector's participation \n in the provision of the highway infrastructure \n of the United States;\n ``(iii) is located on publicly owned \n rights-of-way;\n ``(iv) is publicly owned or the ownership \n of the highway constructed or reconstructed \n under the project reverts to the public; and\n ``(v) is consistent with a transportation \n plan developed pursuant to section 134(g) or \n 135(e) of title 23, United States Code.\n ``(3) Aggregate face amount of tax-exempt financing.--\n ``(A) In general.--An issue shall not be treated as \n an issue described in subsection (a)(13) if the \n aggregate face amount of bonds issued pursuant thereto \n (when added to the aggregate face amount of bonds \n previously so issued and outstanding) exceeds \n $15,000,000,000.\n ``(B) Allocation.--The Secretary of Transportation \n shall allocate the amount described in subparagraph (A) \n among the eligible pilot projects designated under \n paragraph (2).\n ``(C) Reallocation.--If any portion of an \n allocation under subparagraph (B) is unused on the date \n which is 3 years after such allocation, the Secretary \n of Transportation may reallocate such portion among the \n remaining eligible pilot projects.''\n (c) Exemption From General State Volume Caps.--Paragraph (3) of \nsection 146(g) of such Code (relating to exception for certain bonds) \nis amended--\n (1) by striking ``or (12)'' and inserting ``(12), or \n (13)'', and\n (2) by striking ``and environmental enhancements of \n hydroelectric generating facilities'' and inserting \n ``environmental enhancements of hydroelectric generating \n facilities, and qualified highway infrastructure projects''.\n (d) Report.--\n (1) In general.--Not later than the earlier of--\n (A) one year after either one-half of the projects \n authorized under section 142(k) of the Internal Revenue \n Code of 1986 have been identified or one-half of the \n total bonds allowable for such projects under such \n section have been issued, or\n (B) seven years after the date of the enactment of \n this Act,\n the Secretary of Transportation, in consultation with the \n Secretary of the Treasury, shall submit to the Committees on \n Finance and Environment and Public Works of the Senate and the \n Committees on Ways and Means and Transportation and \n Infrastructure of the House of Representatives the report \n described in paragraph (2).\n (2) Contents.--The report under paragraph (1) shall \n evaluate the overall success of the program conducted pursuant \n to the amendments made by this Act, including--\n (A) a description of each project,\n (B) the extent to which such projects used new \n technologies, construction techniques, or innovative \n cost controls which resulted in savings in building the \n project, and\n (C) the use and efficiency of the Federal tax \n subsidy provided by the bond financing.\n (e) Effective Date.--The amendments made by this section shall \napply to bonds issued after the date of the enactment of this Act.","summary":"Highway Infrastructure Privatization Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt facility bond. Directs the Secretary of the Treasury to select no more than 15 highway infrastructure projects as pilot projects eligible for tax-exempt financing.","title":"Highway Infrastructure Privatization Act","text_len":5731,"sum_len":332} {"bill_id":"110_hr4321","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Safety in Medicine \nUtilizing Leading Advanced Simulation Technologies to Improve Outcomes \nNow Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Simulation-based education and training in medicine, \n nursing, allied health, podiatry, osteopathy, dentistry, and \n emergency response teams can enhance procedural skills and \n reinforce best practices by allowing students, experienced \n clinicians, and health care professionals to practice \n procedures in a realistic setting.\n (2) The enhanced clinical skill development provided by \n simulation-based training benefits patients and health care \n consumers in the form of improved health outcomes, patient \n safety, and quality; reduced medical errors and deaths; and \n reduced costs associated with providing patient care.\n (3) Many educational institutions and health care \n providers, particularly those in urban and rural settings, have \n difficulty acquiring medical simulation technology. Financial \n assistance in the form of Federal grants would significantly \n enhance the ability of these entities to deploy medical \n simulation technology and incorporate such technology into \n training protocols.\n (4) The creation of medical simulation centers of \n excellence to provide guidance and leadership to educational \n institutions and health care entities will facilitate the \n deployment of medical simulation technologies and the \n commercialization of cutting-edge medical simulation research.\n (5) A Federal medical simulation coordinating council would \n promote better communication and collaboration between the \n Federal entities with experience or interest in simulation-\n based education and medical simulation technology deployment.\n\nSEC. 3. MEDICAL SIMULATION ENHANCEMENT.\n\n Part B of title IX of the Public Health Service Act (42 U.S.C. 299b \net seq.) is amended by adding at the end the following:\n\n``SEC. 918. MEDICAL SIMULATION ENHANCEMENT.\n\n ``(a) In General.--The Director shall conduct and support research, \nevaluations, initiatives, and demonstration projects, and provide \ngrants or enter into contracts or cooperative agreements, to enhance \nthe deployment of medical simulation technologies and the incorporation \nof such technologies and equipment into medical, nursing, allied \nhealth, podiatric, osteopathic, and dental education and training \nprotocols.\n ``(b) Programs.--In carrying out subsection (a), the Director shall \nestablish the following programs:\n ``(1) Medical simulation centers of excellence.--\n ``(A) Establishment.--The Director shall establish \n medical simulation centers of excellence--\n ``(i) to provide leadership and conduct \n research with respect to enhancing and \n expanding the utilization of medical simulation \n technologies and simulation-based skills \n training for physicians, nurses, allied health \n professionals, and qualified students; and\n ``(ii) to improve the efficiency and \n effectiveness of medical simulation research \n and programs.\n ``(B) Purpose.--Each medical simulation center of \n excellence established under subsection (a) shall--\n ``(i) provide leadership in a specific area \n of medical simulation technology or knowledge;\n ``(ii) enhance and expand the knowledge \n base within the specific area of medical \n simulation technology or knowledge in line with \n the program requirements and the long-term \n interests of the medical simulation community; \n and\n ``(iii) serve as a resource center to \n interested health professional schools and \n individuals who want to learn about medical \n simulation.\n ``(2) Medical simulation innovation.--The Director shall \n promote innovation in medical simulation technologies and \n encourage development and deployment of challenging and complex \n medical simulation technologies and applications by--\n ``(A) conducting and supporting research on the \n development and deployment of complex or challenging \n medical simulation and interdisciplinary simulation \n technologies;\n ``(B) identifying, in consultation with the \n Telemedicine and Advanced Technology Research Center, \n particularly challenging or complex medical simulation \n technologies and applications; and\n ``(C) developing, in consultation with the National \n Library of Medicine, an electronic clearinghouse of \n medical simulation technologies currently available and \n those being developed.\n ``(3) Medical simulation technology acquisition.--\n ``(A) Grants.--The Director shall award grants to \n eligible entities for the purchase of medical \n simulation technologies for use in the training of \n physicians, nurses, allied health professionals, and \n qualified students.\n ``(B) Definition.--In this paragraph, the term \n `eligible entity' means a hospital, an academic medical \n center, or a school of allied health, dentistry, \n medicine, nursing, osteopathic medicine, or podiatric \n medicine.\n ``(4) Medical and interdisciplinary simulation curricula.--\n ``(A) Grants.--The Director shall award grants to \n eligible entities to incorporate medical simulation and \n interdisciplinary simulation technologies into \n curricula and training of physicians, nurses, and \n allied health professionals.\n ``(B) Definition.--In this subsection, the term \n `eligible entity' means an academic medical center or a \n school of medicine, osteopathy, podiatry, dentistry, \n nursing, or allied health.\n ``(5) Grants to professional organizations.--\n ``(A) Grants.--The Director shall award grants to \n eligible entities to deploy medical simulation \n technologies for the purpose of providing training to \n health care providers.\n ``(B) Definition.--In this paragraph, the term \n `eligible entity' means an academic medical center, a \n professional organization that provides accreditation \n or quality assurance to health care professionals, a \n health profession licensing board, or an agency \n studying utilization of simulation-based methods in \n credentialing and accreditation in health care.\n ``(6) Federal medical simulation coordinating council.--\n ``(A) Establishment.--There is established within \n the Department of Health and Human Services the Federal \n Medical Simulation Coordinating Council (in this \n paragraph referred to as the `Coordinating Council').\n ``(B) Purpose.--The Coordinating Council shall \n coordinate the Federal Government's activities \n regarding the research on and development, deployment, \n and utilization of medical simulation technologies.\n ``(C) Voting members.--The voting members of the \n Coordinating Council shall consist of representatives \n of Federal agencies with responsibility for improving \n health care delivery to patients, as follows:\n ``(i) A majority of the voting members of \n the Coordinating Council shall be \n representatives of the Department of Health and \n Human Services. Such majority shall consist of \n the Director and such individuals as may be \n appointed by the Secretary of Health and Human \n Services. At a minimum, the Secretary shall \n appoint representatives of--\n ``(I) the Agency for Healthcare \n Research and Quality;\n ``(II) the National Institutes of \n Health;\n ``(III) the Health Resources and \n Services Administration;\n ``(IV) the Centers for Medicare & \n Medicaid Services; and\n ``(V) the Food and Drug \n Administration.\n ``(ii) The remainder of the voting members \n of the Coordinating Council shall consist of--\n ``(I) representatives of the \n Department of Defense, appointed by the \n Secretary of Defense; and\n ``(II) representatives of the \n Department of Veterans Affairs, \n appointed by the Secretary of Veterans \n Affairs.\n ``(D) Liaisons.--In addition to the voting members \n appointed pursuant to subparagraph (C), the membership \n of the Coordinating Council shall include 2 \n representatives of the advisory panel established under \n subsection (c) who--\n ``(i) shall be selected by the Secretary of \n Health and Human Services, the Secretary of \n Defense, and the Secretary of Veterans Affairs \n acting jointly;\n ``(ii) shall be nonvoting members; and\n ``(iii) shall serve as liaisons between the \n advisory panel and the Coordinating Council.\n ``(E) Leadership.--The Director shall serve as the \n Chair of the Coordinating Council and shall be \n responsible for the leadership and oversight of the \n activities of the Coordinating Council.\n ``(F) Consultation.--In carrying out the purpose \n described in subparagraph (B), the Coordinating Council \n shall consult with outside organizations on ways to \n improve medical simulation policy and access.\n ``(G) Meetings.--\n ``(i) In general.--The Coordinating Council \n shall meet regularly and no less than 2 times \n each year.\n ``(ii) Notice.--Notice of any upcoming \n meeting of the Coordinating Council shall be \n published in the Federal Register.\n ``(iii) Public access.--Any meeting of the \n Coordinating Council shall be open to the \n public.\n ``(c) Advisory Panel.--The Director shall establish an advisory \npanel to make recommendations on how to structure the programs under \nsubsection (b). The members of such advisory panel shall consist of a \ntotal of at least 10 representatives of the medical simulation \ncommunity, including representatives of--\n ``(1) academic medical centers or schools of medicine, \n osteopathy, podiatry, dentistry, nursing, or allied health;\n ``(2) health care professionals who are actively involved \n in medical simulation centers; and\n ``(3) at least 2 multidisciplinary associations which are \n recognized as having a primary focus on medical simulation.\n ``(d) Definitions.--\n ``(1) Medical simulation.--The term `medical simulation' \n means the use of a device, such as a mannequin, a task trainer, \n virtual reality, or a standardized patient, to emulate a real \n device, patient, or patient care situation or environment to \n teach therapeutic and diagnostic procedures, processes, medical \n concepts, and decisionmaking to a health care professional.\n ``(2) Qualified student.--The term `qualified student' \n means a student enrolled full-time or part-time in--\n ``(A) a school of allied health, a school of \n dentistry, a school of medicine, a school of \n osteopathic medicine, or a school of podiatric medicine \n (as such terms are defined in section 799B); or\n ``(B) a school of nursing (as such term is defined \n in section 801).\n ``(e) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated--\n ``(1) $50,000,000 for fiscal year 2008; and\n ``(2) such sums as may be necessary for fiscal years 2009 \n through 2012.''.","summary":"Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. Requires the Director to: (1) establish medical simulation centers of excellence. (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies. And (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students. Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act.","title":"To amend the Public Health Service Act to authorize medical simulation enhancement programs, and for other purposes.","text_len":13991,"sum_len":1335} {"bill_id":"110_hr2959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Park Centennial Challenge \nFund Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress here by finds that--\n (1) Our national parks are icons of America;\n (2) The one hundredth anniversary of the National Park \n System will be in 2016;\n (3) It is appropriate for all Americans to help in the \n efforts to enhance our parks as the country gets ready for this \n centennial celebration;\n (4) The President has proposed a National Park Centennial \n Initiative that, over ten years, will provide up to $3 billion \n to prepare parks for another century of conservation, \n preservation, and enjoyment; and\n (5) A part of that Initiative is the establishment of a \n Centennial Challenge to encourage individuals, foundations, and \n the private sector to donate money each year by providing up to \n $100 million in dedicated Federal funding to match donations \n for signature projects and programs.\n (b) Purpose.--It is the purpose of this Act to establish a fund in \nthe Treasury that will be used to finance signature projects and \nprograms to enhance the National Park System as it approaches its \ncentennial in 2016 and to prepare the parks for another century of \nconservation, preservation, and enjoyment.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act, the term---\n (1) ``Challenge Fund'' means the National Park Centennial \n Challenge Fund.\n (2) ``Director'' means the Director of the National Park \n Service.\n (3) ``Secretary'' means Secretary of the Interior.\n (4) ``Signature project or program'' means, for the \n purposes of this Act, any project or program identified by the \n Director as one that will help prepare the national parks for \n another century of conservation, preservation and enjoyment.\n (5) ``Qualified donation'' means a cash non-Federal \n donation to the National Park Service that the Director \n certifies is for a listed signature project or program.\n\nSEC. 4. NATIONAL PARK CENTENNIAL CHALLENGE FUND.\n\n (a) Establishment.--There is established in the Treasury a fund to \nbe known as the National Park Centennial Challenge Fund. The Challenge \nFund shall consist of:\n (1) Qualified donations transferred from the Donations to \n the National Park Service account, in accordance with section \n 6(a) of this Act: and\n (2) Amounts appropriated from the general fund of the \n Treasury, in accordance with section 6(b) of this Act.\n (b) Availability.--All amounts deposited in the Challenge Fund \nshall be available, subject to restrictions in section 6(c) of this \nAct, to the Secretary for signature projects and programs under this \nAct without further appropriation and without fiscal year limitation. \nNo monies shall be available for indirect administrative costs. The \nexpenditure of amounts in the Challenge Fund shall follow Federal \nprocurement and financial laws and standards.\n\nSEC. 5. SIGNATURE PROJECTS AND PROGRAMS.\n\n (a) List.--The Secretary, acting through the Director, shall \ndevelop a list of signature projects and programs eligible for funding \nfrom the Challenge Fund. The list shall be submitted to the President \nand to the Committees on Appropriations and Energy and Natural \nResources in the United States Senate, and to the Committees on \nAppropriations and Natural Resources in the House of Representatives.\n (b) Signature Projects and Programs.--For purposes of this Act, a \nsignature project or program shall be a project or program identified \nby the Director as one that will help prepare the national parks for \nanother century of conservation, preservation and enjoyment.\n (c) Updates.--The Secretary, acting through the Director, may, from \ntime to time as the Secretary or Director finds necessary, add any \nproject or program to the list developed pursuant to subsection (a) \nthat the Director believes is a signature project or program. If the \nDirector adds any project or program to the list, the Secretary shall \nnotify the Committees referred to in subsection (a) at the time the \nproject or program is added.\n\nSEC. 6. DONATIONS AND MATCHING FEDERAL FUNDS.\n\n (a) Qualified Donations.--Beginning on October 1, 2007, and ending \non September 30, 2017, the Secretary may transfer to the Challenge Fund \nqualified donations of cash, including cash to liquidate a letter of \ncredit, received by the National Park Service.\n (b) Matching Amount.--There is hereby appropriated in each fiscal \nyear beginning on October 1, 2007 and ending on September 30, 2017, an \namount equal to the qualified donations received and the pledge of \ndonations through letters of credit in the same fiscal year, not to \nexceed $100 million in any one year. In no case may the matching amount \nexceed the amount of donations received or pledged in any year. For the \npurpose of this subsection, the Secretary may consider a donation for \nany fiscal year to be received when a pledge of a donation for that \nfiscal year is guaranteed and a valid irrevocable letter of credit is \nissued for such purposes.\n (c) The Secretary may not obligate any amounts based on a letter of \ncredit, or amounts to match a letter of credit pursuant to subsection \n(b), until amounts from that letter of credit are deposited in the \nChallenge Fund.\n (d) Solicitation.--Nothing in this Act shall be construed as \nexpanding any authority that exists on the date of its enactment with \nrespect to the ability of the National Park Service and its employees \nto receive or solicit for donations.\n\nSEC. 7. REPORT TO CONGRESS.\n\n The Secretary shall provide with the submission of the President's \nbudget a list of the signature projects and programs and the status of \ntheir funding.\n\nSEC. 8. REGULATIONS.\n\n The Secretary may promulgate such regulations as may be necessary \nto carry out this Act.","summary":"National Park Centennial Challenge Fund Act - Establishes in the Treasury the National Park Centennial Challenge Fund which shall consist of qualified donations transferred from the Donations to the National Park Service account and amounts appropriated from the general fund of the Treasury, in accordance with this Act. Makes available all amounts deposited in the Challenge Fund to the Secretary of the Interior for signature projects and programs under this Act (projects and programs identified by the Director of the National Park Service . Requires the Secretary, acting through the Director, to develop a list of signature projects and programs eligible for funding from the Challenge Fund. Requires that such list be submitted to the President and specified congressional committees.","title":"To establish a fund for the National Park Centennial Challenge, and for other purposes.","text_len":6101,"sum_len":792} {"bill_id":"107_hr5675","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``21st Century Veterans Equitable \nTreatment Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Veterans were promised by the Federal Government that \n for their service to the country they would be provided a \n lifetime of health care services, as well as their own health \n care service network.\n (2) The current allocation system for appropriations made \n to the Department of Veterans Affairs for medical care, known \n as the Veterans Equitable Resource Allocation (VERA) formula \n and established by the Secretary of Veterans Affairs pursuant \n to section 429 of the Departments of Veterans Affairs and \n Housing and Urban Development, and Independent Agencies \n Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), \n has proved to be an ineffective means of allocating such funds \n fairly across the 22 national service regions, known as \n Veterans Integrated Service Networks (VISNs), of the Department \n of Veterans Affairs.\n (3) The VERA formula has resulted in a system in which \n veterans in some regions of the country are forced to compete \n with veterans in other regions for critical medical care funds, \n whereas the system should be providing the funding necessary to \n meet the health care needs of all veterans, regardless of where \n they live, to ensure that all veterans have access to the level \n and quality of care that they have all earned and deserve.\n (4) The Secretary of Veterans Affairs established a set of \n performance goals in fiscal year 2000, which are referred to as \n ``30-30-20'', representing the Secretary's goal to schedule \n nonurgent primary care visits within 30 days, specialty care \n visits within 30 days, and the maximum amount of time veterans \n must wait once they arrive to be seen by a doctor as 20 \n minutes.\n (5) According to the Department's Performance Report for \n Fiscal Year 2001, nationally 87 percent of primary care \n appointments were scheduled within 30 days of the desired date \n and 84 percent of specialty care appointments were scheduled \n within 30 days of the desired date, while in VISN 1, only 82 \n percent of primary care appointments were scheduled within 30 \n days of the desired date and only 80 percent of specialty care \n appointments were scheduled within 30 days of the desired date.\n (6) Until the VERA formula is changed to ensure a more \n equitable and adequate distribution of medical care funding \n within the Department of Veterans Affairs system, providing \n appropriate access to medical care for the Nation's veterans \n must remain a national priority with a method found to provide \n a safety net that will ensure that veterans have access to the \n health care they need without undermining the existing health \n care network of the Department of Veterans Affairs.\n\nSEC. 3. STANDARD FOR TIME FOR REFERRAL FOR SPECIALIST CARE.\n\n (a) Time for Specialist Appointments.--(1) The Secretary of \nVeterans Affairs shall establish by regulation a maximum specialist \nreferral period, subject to such exceptions as the Secretary considers \nnecessary.\n (2) For purposes of paragraph (1), the term ``specialist referral \nperiod'' means the period of time between (A) the date on which a \nveteran is referred to a specialty clinic of the Department by the \nveteran's primary care physician within the Department of Veterans \nAffairs health care system, and (B) the date for which the veteran is \nscheduled for an appointment with a Department specialist pursuant to \nsuch referral.\n (3) In establishing a maximum specialist referral period under \nparagraph (1), the Secretary shall act in a manner consistent with the \ncurrent treatment policies of the Department based on clinical need and \nwith the established 30-30-20 performance goal of the Department for \nsuch a referral period.\n (b) Standard for Transportation.--The Secretary shall take such \nsteps as necessary to ensure that the Department of Veterans Affairs is \nable to provide appropriate transportation services for qualified \nveterans within a reasonable time period of a scheduled appointment.\n\nSEC. 4. CONTRACT CARE TO BE PROVIDED WHEN DEPARTMENT OF VETERANS \n AFFAIRS CARE NOT AVAILABLE IN ACCORDANCE WITH STANDARDS.\n\n (a) Contract Care.--In any case in which the Secretary of Veterans \nAffairs is not able to provide hospital care or medical services in \naccordance with the standard prescribed under section 3(a) or to \nprovide transportation services in accordance with section 3(b), the \nSecretary shall promptly provide for such care or transportation from a \nprivate source. Hospital care or medical services so provided shall be \nthose for which the veteran is otherwise eligible within the Department \nof Veterans Affairs medical care system.\n (b) Reimbursement Rate.--Whenever care or services are provided \nunder subsection (a), the Secretary shall reimburse the provider of \nsuch care or services for the reasonable value of such care or \nservices, as determined by the Secretary. Such reimbursement shall be \nprovided in the same manner as applies to reimbursement for emergency \ntreatment under section 1725 of title 38, United States Code, subject \nto such of the terms and conditions otherwise applicable to such \nreimbursements under such section as the Secretary determines to be \nappropriate for purposes of this section.\n (c) Expedited Reimbursement Procedures.--The Secretary shall take \nappropriate steps to expedite the reimbursement required by subsection \n(b). Such steps may include steps to take advantage of modern \ntechnology, including so-called ``smart card'' technology that would \nallow claims for such reimbursement to be processed electronically. The \nSecretary shall, to the extent possible, also apply such steps for \nexpediting reimbursement to claims for emergency services provided to \nveterans for which the Secretary provides reimbursement under \nprovisions of law in effect before the date of the enactment of this \nAct.\n\nSEC. 5. TERMINATION OF 24-MONTH RULE FOR REIMBURSEMENT FOR EMERGENCY \n SERVICES.\n\n The provisions of subparagraph (B) of section 1725(b)(2) of title \n38, United States Code, shall not apply with respect to emergency \ntreatment furnished on or after the date of the enactment of this Act.\n\nSEC. 6. MEDICAL ADMINISTRATOR PERFORMANCE RATINGS.\n\n The Secretary of Veterans Affairs shall include in the standards of \nperformance used for measuring performance of administrators in the \nDepartment of Veterans Affairs medical care system a standard of \nassessing improvements in appointment waiting times.\n\nSEC. 7. REPORTS.\n\n The Secretary of Veterans Affairs shall submit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives a report \nat the end of each fiscal-year quarter on the waiting times for \nappointments in the Department of Veterans Affairs medical care system. \nThe report shall describe any reductions in such waiting times and any \nexperience with appointment delays.","summary":"st Century Veterans Equitable Treatment Act - Directs the Secretary of Veterans Affairs to: (1) establish a maximum specialist referral period. And (2) provide appropriate transportation to such appointments for qualified veterans. Requires the Secretary, in any case in which such period is exceeded or in which transportation was not so provided, to promptly provide for such care or transportation from a private source and to reimburse such source at an appropriate rate. Requires expedited reimbursement procedures. Directs the Secretary to include within standards of performance used for measuring Department medical care administration a standard of assessing improvements in appointment waiting times.","title":"To amend title 38, United States Code, to provide for a more equitable geographic allocation of funds appropriated to the Department of Veterans Affairs for medical care.","text_len":7402,"sum_len":710} {"bill_id":"108_hr289","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ottawa National Wildlife Refuge \nComplex Expansion and Detroit River International Wildlife Refuge \nExpansion Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the western basin of Lake Erie, as part of the Great Lakes \n ecosystem--\n (A) is the largest freshwater ecosystem in the world; and\n (B) is vitally important to the economic and environmental \n future of the United States;\n (2) over the 30-year period preceding the date of enactment of \n this Act, the citizens and governmental institutions of the United \n States and Canada have devoted increasing attention and resources \n to the restoration of the water quality and fisheries of the Great \n Lakes, including the western basin;\n (3) that increased awareness has been accompanied by a gradual \n shift toward a holistic ecosystem approach that highlights a \n growing recognition that shoreline areas, commonly referred to as \n nearshore terrestrial ecosystems, are an integral part of the \n western basin and the Great Lakes ecosystem;\n (4) the Great Lakes account for more than 90 percent of the \n surface freshwater in the United States;\n (5) the western basin receives approximately 90 percent of its \n flow from the Detroit River and only approximately 10 percent from \n tributaries;\n (6) the western basin is an important ecosystem that includes a \n number of distinct islands, channels, rivers, and shoals that \n support dense populations of fish, wildlife, and aquatic plants;\n (7) coastal wetland of Lake Erie supports the largest diversity \n of plant and wildlife species in the Great Lakes;\n (8) because Lake Erie is located at a more southern latitude \n than other Great Lakes, the moderate climate of Lake Erie is \n appropriate for many species that are not found in or along the \n northern Great Lakes;\n (9) more than 300 species of plants, including 37 significant \n species, have been identified in the aquatic and wetland habitats \n of the western basin;\n (10) the shallow western basin of Lake Erie, extending from the \n Lower Detroit River to Sandusky Bay, is home to the greatest \n concentration of marshes in Lake Erie, including--\n (A) Mouille, Metzger, and Magee marshes;\n (B) the Maumee Bay wetland complex;\n (C) the wetland complexes flanking Locust Point; and\n (D) the wetland in Sandusky Bay;\n (11) the larger islands of the United States in western Lake \n Erie have wetland in small embayments;\n (12) the wetland in the western basin comprises some of the \n most important waterfowl habitat in the Great Lakes;\n (13) waterfowl, wading birds, shore birds, gulls and terns, \n raptors, and perching birds use the wetland in the western basin \n for migration, nesting, and feeding;\n (14) hundreds of thousands of diving ducks stop to rest in the \n Lake Erie area during autumn migration from Canada to points east \n and south;\n (15) the wetland of the western basin provides a major stopover \n for ducks, such as migrating bufflehead, common goldeneye, common \n mergansers, and ruddy duck;\n (16) the international importance of Lake Erie is indicated in \n the United States by congressional designation of the Ottawa and \n Cedar Point National Wildlife Refuges;\n (17)(A) Lake Erie has an international reputation for walleye, \n perch, and bass fishing, recreational boating, birding, \n photography, and duck hunting; and\n (B) on an economic basis, tourism in the Lake Erie area \n accounts for an estimated $1,500,000,000 in retail sales and more \n than 50,000 jobs;\n (18)(A) many of the 417,000 boats that are registered in the \n State of Ohio are used in the western basin, in part to fish for \n the estimated 10,000,000 walleye that migrate from the lake to \n spawn; and\n (B) that internationally renowned walleye fishery drives much \n of the $2,000,000,000 sport fishing industry in the State of Ohio;\n (19) coastal wetland in the western basin has been subjected to \n intense pressure for 150 years;\n (20) prior to 1850, the western basin was part of an extensive \n coastal marsh and swamp system consisting of approximately 122,000 \n hectares that comprised a portion of the Great Black Swamp;\n (21) by 1951, only 12,407 wetland hectares remained in the \n western basin;\n (22) 50 percent of that acreage was destroyed between 1972 and \n 1987, leaving only approximately 5,000 hectares in existence today;\n (23) along the Michigan shoreline, coastal wetland was reduced \n by 62 percent between 1916 and the early 1970s;\n (24) the development of the city of Monroe, Michigan, has had a \n particularly significant impact on the coastal wetland at the mouth \n of the Raisin River;\n (25) only approximately 100 hectares remain physically \n unaltered today in an area in which, 70 years ago, marshes were 10 \n times more extensive;\n (26) in addition to the actual loss of coastal wetland acreage \n along the shores of Lake Erie, the quality of much remaining dike \n wetland has been degraded by numerous stressors, especially \n excessive loadings of sediments and nutrients, contaminants, \n shoreline modification, exotic species, and the diking of wetland; \n and\n (27) protective peninsula beach systems, such as the former Bay \n Point and Woodtick, at the border of Ohio and Michigan near the \n mouth of the Ottawa River and Maumee Bay, have been eroded over the \n years, exacerbating erosion along the shorelines and negatively \n affecting breeding and spawning grounds.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) International refuge.--The term ``International Refuge'' \n means the Detroit River International Wildlife Refuge established \n by section 5(a) of the Detroit River International Wildlife Refuge \n Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894).\n (2) Refuge complex.--The term ``Refuge Complex'' means the \n Ottawa National Wildlife Refuge Complex and the lands and waters in \n the complex, as described in the document entitled ``The \n Comprehensive Conservation Plan for the Ottawa National Wildlife \n Refuge Complex'' and dated September 22, 2000, including--\n (A) the Ottawa National Wildlife Refuge, established by the \n Secretary in accordance with the Migratory Bird Conservation \n Act (16 U.S.C. 715 et seq.);\n (B) the West Sister Island National Wildlife Refuge \n established by Executive Order No. 7937, dated August 2, 1937; \n and\n (C) the Cedar Point National Wildlife Refuge established by \n the Secretary in accordance with the Migratory Bird \n Conservation Act (16 U.S.C. 715 et seq.).\n (3) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n (4) Western basin.--\n (A) In general.--The term ``western basin'' means the \n western basin of Lake Erie, consisting of the land and water in \n the watersheds of Lake Erie extending from the watershed of the \n Lower Detroit River in the State of Michigan to and including \n Sandusky Bay and the watershed of Sandusky Bay in the State of \n Ohio.\n (B) Inclusion.--The term ``western basin'' includes the \n Bass Island archipelago in the State of Ohio.\n\nSEC. 4. EXPANSION OF BOUNDARIES.\n\n (a) Refuge Complex Boundaries.--\n (1) Expansion.--The boundaries of the Refuge Complex are \n expanded to include land and water in the State of Ohio from the \n eastern boundary of Maumee Bay State Park to the eastern boundary \n of the Darby Unit (including the Bass Island archipelago), as \n depicted on the map entitled ``Ottawa National Wildlife Refuge \n Complex Expansion and Detroit River International Wildlife Refuge \n Expansion Act'' and dated September 6, 2002.\n (2) Availability of map.--The map referred to in paragraph (1) \n shall be available for inspection in appropriate offices of the \n United States Fish and Wildlife Service.\n (b) Boundary Revisions.--The Secretary may make such revisions of \nthe boundaries of the Refuge Complex as the Secretary determines to be \nappropriate to facilitate the acquisition of property within the Refuge \nComplex.\n (c) Acquisition.--\n (1) In general.--Subject to paragraph (2), the Secretary may \n acquire by donation, purchase with donated or appropriated funds, \n or exchange the land and water, and interests in land and water \n (including conservation easements), within the boundaries of the \n Refuge Complex.\n (2) Manner of Acquisition.--Any and all acquisitions of land or \n waters under the provisions of this Act shall be made in a \n voluntary manner and shall not be the result of forced takings.\n (d) Transfers From Other Agencies.--Administrative jurisdiction \nover any Federal property that is located within the boundaries of the \nRefuge Complex and under the administrative jurisdiction of an agency \nof the United States other than the Department of the Interior may, \nwith the concurrence of the head of the administering agency, be \ntransferred without consideration to the Secretary for the purpose of \nthis Act.\n (e) Study of Associated Area.--\n (1) In general.--The Secretary, acting through the Director of \n the United States Fish and Wildlife Service, shall conduct a study \n of fish and wildlife habitat and aquatic and terrestrial \n communities in and around the 2 dredge spoil disposal sites that \n are--\n (A) referred to by the Toledo-Lucas County Port Authority \n as ``Port Authority Facility Number Three'' and ``Grassy \n Island'', respectively; and\n (B) located within Toledo Harbor near the mouth of the \n Maumee River.\n (2) Report.--Not later than 18 months after the date of \n enactment of the Act, the Secretary shall--\n (A) complete the study under paragraph (1); and\n (B) submit to Congress a report on the results of the \n study.\n\nSEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.\n\n The southern boundary of the International Refuge is extended south \nto include additional land and water in the State of Michigan located \neast of Interstate Route 75, extending from the southern boundary of \nSterling State Park to the Ohio State boundary, as depicted on the map \nreferred to in section 4(a)(1).\n\nSEC. 6. ADMINISTRATION.\n\n (a) Refuge Complex.--\n (1) In general.--The Secretary shall administer all federally \n owned land, water, and interests in land and water that are located \n within the boundaries of the Refuge Complex in accordance with--\n (A) the National Wildlife Refuge System Administration Act \n of 1966 (16 U.S.C. 668dd et seq.); and\n (B) this Act.\n (2) Additional authority.--The Secretary may use such \n additional statutory authority available to the Secretary for the \n conservation of fish and wildlife, and the provision of \n opportunities for fish- and wildlife-dependent recreation, as the \n Secretary determines to be appropriate to carry out this Act.\n (b) Additional Purposes.--In addition to the purposes of the Refuge \nComplex under other laws, regulations, Executive orders, and \ncomprehensive conservation plans, the Refuge Complex shall be managed--\n (1) to strengthen and complement existing resource management, \n conservation, and education programs and activities at the Refuge \n Complex in a manner consistent with the primary purposes of the \n Refuge Complex--\n (A) to provide major resting, feeding, and wintering \n habitats for migratory birds and other wildlife; and\n (B) to enhance national resource conservation and \n management in the western basin;\n (2) in partnership with nongovernmental and private \n organizations and private individuals dedicated to habitat \n enhancement, to conserve, enhance, and restore the native aquatic \n and terrestrial community characteristics of the western basin \n (including associated fish, wildlife, and plant species);\n (3) to facilitate partnerships among the United States Fish and \n Wildlife Service, Canadian national and provincial authorities, \n State and local governments, local communities in the United States \n and Canada, conservation organizations, and other non-Federal \n entities to promote public awareness of the resources of the \n western basin; and\n (4) to advance the collective goals and priorities that--\n (A) were established in the report entitled ``Great Lakes \n Strategy 2002--A Plan for the New Millennium'', developed by \n the United States Policy Committee, comprised of Federal \n agencies (including the United States Fish and Wildlife \n Service, the National Oceanic and Atmospheric Administration, \n the United States Geological Survey, the Forest Service, and \n the Great Lakes Fishery Commission) and State governments and \n tribal governments in the Great Lakes basin; and\n (B) include the goals of cooperating to protect and restore \n the chemical, physical, and biological integrity of the Great \n Lakes basin ecosystem.\n (c) Priority Uses.--In providing opportunities for compatible fish- \nand wildlife-dependent recreation, the Secretary, in accordance with \nparagraphs (3) and (4) of section 4(a) of the National Wildlife Refuge \nSystem Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure \nthat hunting, fishing, wildlife observation and photography, and \nenvironmental education and interpretation are the priority public uses \nof the Refuge Complex.\n (d) Cooperative Agreements Regarding Non-Federal Land.--To promote \npublic awareness of the resources of the western basin and encourage \npublic participation in the conservation of those resources, the \nSecretary may enter into cooperative agreements with the State of Ohio \nor Michigan, any political subdivision of the State, or any person for \nthe management, in a manner consistent with this Act, of land that--\n (1) is owned by the State, political subdivision, or person; \n and\n (2) is located within the boundaries of the Refuge Complex.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are \nnecessary--\n (1) to acquire land and water within the Refuge Complex under \n section 4(c);\n (2) to carry out the study under section 4(e); and\n (3) to develop, operate, and maintain the Refuge Complex.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex. Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor. Expands the southern boundary of the Detroit River International Wildlife Refuge to include additional land and water located in the State of Michigan east of Interstate Route 75. Prescribes requirements for administration of the Complex. Directs the Secretary to administer all Federally owned land, water, and interests in land and water that are located within the boundaries of the Complex in accordance with this Act and the National Wildlife Refuge System Administration Act of 1966. States that the Complex shall be managed to strengthen and complement existing resource management, conservation, and education programs and activities in order to facilitate: (1) the provision of major resting, feeding, and wintering habits for migratory birds and other wildlife. And (2) the enhancement of national resource conservation and management in the western basin. States other purposes for which the Complex shall be managed, including to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex. Authorizes appropriations.","title":"To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge.","text_len":15221,"sum_len":1944} {"bill_id":"112_hr2209","text":"SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST \n SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT \n PLANS.\n\n (a) Replacement of Current Administrative Appeals Process.--Section \n322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking \nsubsections (c), (d), and (e) and inserting the following new \nsubsections:\n ``(c) Pre-Decisional Administrative Review Process for Certain \nForest Service Actions.--\n ``(1) Establishment as sole means for administrative \n review.--The Secretary shall establish by regulation a pre-\n decisional administrative review process that will serve as the \n sole means by which a person can seek administrative review \n regarding proposed actions referred to in subsection (a).\n ``(2) Review period.--The pre-decisional administrative \n review process for a proposed action referred to in subsection \n (a) shall occur during the period--\n ``(A) beginning after the completion of the \n environmental assessment or environmental impact \n statement prepared for the action; and\n ``(B) ending not later than the date of the \n issuance of the final decision approving the action.\n ``(3) Eligibility.--To be eligible to participate in the \n pre-decisional administrative review process for a proposed \n action referred to in subsection (a), a person shall submit to \n the Secretary, during scoping or the public comment period for \n the draft environmental analysis for the action, specific \n written comments that relate to the proposed action.\n ``(4) Notice of proposed decision.--Following the \n conclusion of the pre-decisional administrative review process \n for a proposed action referred to in subsection (a), the \n Secretary shall provide notice of, and distribute, the proposed \n decision along with the final environmental assessment or \n environmental impact statement.\n ``(d) Emergency Situations.--\n ``(1) Exemption from pre-decisional administrative review \n process.--Subject to paragraphs (2) and (3), if the Chief of \n the Forest Service determines that an emergency situation \n exists for which immediate implementation of a proposed action \n referred to in subsection (a) is necessary, the proposed action \n shall not be subject the pre-decisional administrative review \n process in subsection (c).\n ``(2) Notice; post-decisional objection process.--In the \n case of an action exempted under paragraph (1), the Forest \n Service shall--\n ``(A) provide notice of the final decision for the \n proposed action; and\n ``(B) provide for an expedited post-decisional \n review process.\n ``(3) Implementation.--The Forest Service may implement an \n action exempted under paragraph (1) immediately after notice is \n provided under paragraph (2)(A) and continue such \n implementation during the post-decisional administrative review \n process.\n ``(e) Efforts To Expedite Judicial Review.--Subsections (b) and \n(c)(3) of section 106 of the Healthy Forests Restoration Act of 2003 \n(16 U.S.C. 6516) shall apply with respect to--\n ``(1) the judicial review of an action challenging an \n action referred to in subsection (a); and\n ``(2) any request for an injunction regarding such an \n action.\n ``(f) Relationship to Other Authorities.--This section does not \napply to--\n ``(1) an authorized hazardous fuel reduction project under \n title I of the Healthy Forests Restoration Act of 2003 (16 \n U.S.C. 6501 et seq.), which has its own special administrative \n review process under section 105 of such Act (16 U.S.C. 6515); \n and\n ``(2) a proposed action referred to in subsection (a) for \n which a categorically exclusion is provided.\n ``(g) Short Title.--This section may be cited as the `Forest \nService Administrative Review Act'.''.\n (b) Technical Corrections.--Section 322 of Public Law 102-381 (16 \nU.S.C. 1612 note) is further amended--\n (1) in subsection (a), by striking ``(16 U.S.C. 1601 et \n seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and\n (2) in subsection (b)--\n (A) by striking ``Secretary'' both places it \n appears and inserting ``Forest Service''; and\n (B) by striking the comma at the end of paragraph \n (1)(A).\n (c) Effective Date and Interim Process.--\n (1) Effective date.--Subject to paragraph (3), the pre-\n decisional administrative review process required by subsection \n (c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), \n as added by subsection (a), shall take effect upon the issuance \n of final regulations by the Secretary of Agriculture \n establishing the process.\n (2) Interim process.--Pending issuance of the final \n regulations, the Secretary shall apply--\n (A) the regulations in part 215, title 36, Code of \n Federal Regulations that implement the notice and \n comment provisions in subsections (a) and (b) of \n section 322 of Public Law 102-381; and\n (B) the regulations in part 218, title 36, Code of \n Federal Regulations, to provide the pre-decisional \n administrative review process under subsection (c) of \n section 322 of Public Law 102-381, except that \n subsection (c)(5) of such section shall apply to \n require notice and distribution of proposed decisions.\n (3) Transition.--Upon issuance of the final regulations, \n the Secretary shall no longer apply the regulations in part \n 215, title 36, Code of Federal Regulations, that implement \n subsections (c), (d), and (e) of section 322 of Public Law 102-\n 381, as in effect on the day before the date of enactment of \n this Act, except with respect to a decision which was, or could \n have been, appealed under such part on the day before the date \n of the issuance of the final regulations.","summary":"Forest Service Administrative Review Act - Directs the Secretary of Agriculture (USDA), through the Forest Service, to establish a pre-decisional administrative review process that will serve as the sole means by which persons can seek an administrative review regarding proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. Sets forth requirements for the pre-decisional administrative review process concerning the occurrence of the review period, eligibility of a participant in the process, and notice of the proposed decision. Exempts from such process an emergency situation that exists for which immediate implementation of a proposed action is necessary. Applies certain judicial review provisions of the Healthy Forests Restoration Act of 2003 with respect to: (1) the judicial review of an action challenging a proposed action under this Act, and (2) any request for an injunction regarding such an action. Makes this Act non-applicable to: (1) an authorized hazardous fuel reduction project under such Act that has its own special administrative review process, and (2) a proposed action under this Act for which a categorical exclusion is provided.","title":"To replace the current Forest Service administrative appeals process with a pre-decisional administrative review process modeled after the successful approach used in the Healthy Forests Restoration Act of 2003, and for other purposes.","text_len":6526,"sum_len":1313} {"bill_id":"107_s1073","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Commission to Eliminate \nWaste in Government Act of 2001''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established the National Commission to Eliminate Waste in \nGovernment (in this Act referred to as the ``Commission'').\n\nSEC. 3. DUTIES.\n\n (a) In General.--It shall be the duty of the Commission to--\n (1) conduct a private sector survey on management and cost \n control in the Federal Government;\n (2) conduct in-depth reviews of the operations of the \n executive agencies;\n (3)(A) review existing reports from the Government \n Accounting Office, the Congressional Budget Office, and the \n various Inspector General offices within executive agencies, \n reports and other existing governmental and nongovernmental \n recommendations for reducing waste, including recommendations \n from the President's Private Sector Survey on Cost Control; and\n (B) based on the review under subparagraph (A), \n periodically submit reports to the President and Congress \n including--\n (i) a list of such recommendations that the \n Commission determines are most significant;\n (ii) the estimated savings of the recommendations; \n and\n (iii) determinations of whether the recommendations \n can be implemented by Executive order or require \n legislative action; and\n (4) submit to the President and the Congress \n recommendations for improving the budget process and management \n and for reducing waste and costs in the Federal Government.\n (b) Particular Areas To Be Examined.--In fulfilling the duties \ndescribed under subsection (a), the Commission shall identify and \naddress--\n (1) opportunities for increased efficiency and reduced \n costs in the Federal Government that can be realized by \n Executive action or legislation;\n (2) areas in the Federal Government where managerial \n accountability can be enhanced and administrative control can \n be improved;\n (3) specific Federal programs that have accomplished their \n objectives and should be terminated;\n (4) specific Federal program services that could be \n provided at a lower cost by the private sector;\n (5) specific reforms of the budget process that would yield \n savings, increase accountability and efficiency, and enhance \n public confidence in the budget process; and\n (6) specific areas in the Federal Government where further \n study can be justified by potential savings.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--\n (1) Number.--The Commission shall be composed of 12 members \n who are not officers or employees of any government and who are \n especially qualified to serve on the Commission by virtue of \n their education, training, or experience.\n (2) Political party representation.--Not more than 6 \n members of the Commission shall be of the same political party.\n (3) Appointment.--The members of the Commission shall be \n appointed as follows:\n (A) 4 individuals shall be appointed by the \n President, not more than 2 of whom shall be from the \n same political party.\n (B) 3 individuals shall be appointed by the Speaker \n of the House of Representatives, not more than 2 of \n whom shall be from the same political party.\n (C) 1 individual shall be appointed by the minority \n leader of the House of Representatives.\n (D) 3 individuals shall be appointed by the \n majority leader of the Senate, not more than 2 of whom \n shall be from the same political party.\n (E) 1 individual shall be appointed by the minority \n leader of the Senate.\n (b) Continuation of Membership.--If an individual is appointed to \nthe Commission, and later becomes an officer or employee of a \ngovernment, such individual may continue as a member of the Commission \nfor not longer than the 30-day period beginning on the date such \nindividual becomes such an officer or employee.\n (c) Appointment of Members.--Appointments shall be made not later \nthan 30 days after the date of enactment of this Act.\n (d) Terms.--Each member shall be appointed for the life of the \nCommission.\n (e) Vacancies.--A vacancy in the Commission shall be filled within \n30 days in the manner in which the original appointment was made.\n (f) Compensation.--Federal funds may not be used to pay any member \nof the Commission for services performed as a member.\n (g) Quorum.--Five members of the Commission shall constitute a \nquorum, but a lesser number may hold hearings.\n (h) Chairperson.--The Chairperson of the Commission shall be \nelected by the members from among the members.\n (i) Meetings.--The Commission shall meet at least once each month \nat the call of the Chairperson of the Commission.\n\nSEC. 5. STAFF AND SUPPORT SERVICES.\n\n (a) Director.--The Commission shall have a Director appointed by \nthe Chairperson of the Commission and paid a rate determined by the \nCommission.\n (b) Staff.--With the approval of the Commission, the Director of \nthe Commission may appoint personnel as the Director considers \nappropriate.\n\nSEC. 6. POWERS.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate.\n (b) Delegation of Authority.--Any Member or agent of the Commission \nmay, if authorized by the Commission, take any action which the \nCommission is authorized to take by this section.\n (c) Information.--The Commission may secure directly from any \nFederal agency information necessary to enable it to carry out this \nAct. Upon request of the Chairperson of the Commission, the head of the \nFederal agency shall furnish the information to the Commission.\n (d) Contract Authority.--The Commission may contract with and \ncompensate government and private agencies or persons for supplies or \nservices without regard to section 3709 of the Revised Statutes (41 \nU.S.C. 5).\n\nSEC. 7. REPORTS.\n\n (a) Periodic Reports.--In accordance with section 3(a)(3), the \nCommission shall issue periodic reports to the President and the \nCongress.\n (b) Final Report.--Not later than the expiration of the 24-month \nperiod beginning on the date of enactment of this Act, the Commission \nshall submit to the President and the Congress a final report setting \nforth the findings and conclusions of the Commission and specific \nrecommendations for legislative and administrative actions that the \nCommission determines to be appropriate.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate not later than the expiration of the \n30-day period beginning on the date on which the Commission submits its \nfinal report under section 7(b).\n\nSEC. 9 FUNDING AND SUPPORT.\n\n The Commission shall be funded, staffed, and equipped by the \nprivate sector without cost to the Federal Government.","summary":"National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government, (2) conduct in-depth reviews of executive agency operations. (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action. And (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs. Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government.","title":"A bill to establish a National Commission to Eliminate Waste in Government.","text_len":7440,"sum_len":1100} {"bill_id":"107_s2090","text":"<greek-th> x \n\nSECTION 1. SHORT TITLE.<greek-th> x \n\n This Act may be cited as the ``Sexual Assault Prosecution Act of \n2002''.<greek-th> x \n\nSEC. 2. SEXUAL OFFENSE LIMITATION.<greek-th> x \n\n (a) In General.--Chapter 213 of title 18, United States Code, is \namended--<greek-th> x \n (1) in section 3283, by striking ``sexual or''; \n and<greek-th> x \n (2) by adding at the end the following:<greek-th> x \n``Sec. 1A3296. Sexual offenses<greek-th> x \n ``An indictment for any offense committed in violation of chapter \n109A of this title may be found at any time without \nlimitation.''.<greek-th> x \n (b) Technical and Conforming Amendments.--The table of sections for \nchapter 213 of title 18, United States Code, is amended by adding at \nthe end the following:<greek-th> x \n\n<greek-th><greek-e>``3296. Sexual \n offenses.''.<greek-th><greek-e><greek-th> x \n\n\nSEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.<greek-th> x \n\n (a) Development of Plan.--<greek-th> x \n (1) In general.--Not later than 45 days after the date of \n enactment of this Act, the Director of the Federal Bureau of \n Investigation, in coordination with the Assistant Attorney \n General of the Office of Justice Programs of the Department of \n Justice, and after consultation with representatives of States \n and private forensic laboratories, shall develop a plan to \n grant voluntary awards to States to facilitate DNA analysis of \n all casework evidence of unsolved crimes.<greek-th> x \n (2) Objective.--The objective of the plan developed under \n paragraph (1) shall be to--<greek-th> x \n (A) effectively expedite the analysis of all \n casework evidence of unsolved crimes in an efficient \n and effective manner; and<greek-th> x \n (B) provide for the entry of DNA profiles into the \n combined DNA Indexing System (``CODIS'').<greek-th> x \n (b) Award Criteria.--The Federal Bureau of Investigation, in \ncoordination with the Assistant Attorney General of the Office of \nJustice Programs of the Department of Justice, shall develop criteria \nfor the granting of awards under this section including--<greek-th> x \n (1) the number of unsolved crimes awaiting DNA analysis in \n the State that is applying for an award under this section; \n and<greek-th> x \n (2) the development of a comprehensive plan to collect and \n analyze DNA evidence by the State that is applying for an award \n under this section.<greek-th> x \n (c) Granting of Awards.--The Federal Bureau of Investigation, in \ncoordination with the Assistant Attorney General of the Office of \nJustice Programs of the Department of Justice, shall--<greek-th> x \n (1) develop applications for awards to be granted to States \n under this section;<greek-th> x \n (2) consider all applications submitted by States; \n and<greek-th> x \n (3) disburse all awards under this section.<greek-th> x \n (d) Award Conditions.--States receiving awards under this section \nshall--<greek-th> x \n (1) require that each laboratory performing DNA analysis \n satisfies quality assurance standards and utilizes state-of-\n the-art DNA testing methods, as set forth by the Federal Bureau \n of Investigation in coordination with the Assistant Attorney \n General of the Office of Justice Programs of the Department of \n Justice;<greek-th> x \n (2) ensure that each DNA sample collected and analyzed be \n made available only--<greek-th> x \n (A) to criminal justice agencies for law \n enforcement purposes;<greek-th> x \n (B) in judicial proceedings if otherwise \n admissible;<greek-th> x \n (C) for criminal defense purposes, to a criminal \n defendant who shall have access to samples and analyses \n performed in connection with any case in which such \n defendant is charged; or <greek-th> x \n (D) if personally identifiable information is \n removed, for--<greek-th> x \n (i) a population statistics \n database;<greek-th> x \n (ii) identification research and protocol \n development purposes; or <greek-th> x \n (iii) quality control purposes; \n and<greek-th> x \n (3) match the award by spending 15 percent of the amount of \n the award in State funds to facilitate DNA analysis of all \n casework evidence of unsolved crimes.<greek-th> x \n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Department of Justice $15,000,000 for each of \nfiscal years 2003 through 2006, for awards to be granted under this \nsection.<greek-th> x \n 08","summary":"Sexual Assault Prosecution Act of 2002 - Amends the Federal criminal code to remove any statute of limitations on indictments for sexual offenses. Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to grant voluntary awards to States to facilitate deoxyribonucleic acid (DNA) analysis of all casework evidence of unsolved crimes, with the objective of effectively expediting the analysis of all such evidence in an efficient and effective manner and to provide for the entry of DNA profiles into the Combined DNA Indexing System. Directs the FBI to develop grant criteria, including: (1) the number of unsolved crimes awaiting DNA analysis. And (2) the development of a comprehensive plan to collect and analyze DNA evidence. Sets forth award conditions regarding quality assurance standards, DNA sample and analysis availability, and a 15 percent matching requirement.","title":"A bill to eliminate any limitation on indictment for sexual offenses and make awards to States to reduce their DNA casework backlogs.","text_len":5382,"sum_len":903} {"bill_id":"111_hr3355","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Older Driver and Pedestrian Safety \nand Roadway Enhancement Act of 2009.''\n\n TITLE I--ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND \n PEDESTRIANS\n\nSEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND \n PEDESTRIANS.\n\n (a) Establishment of Program.--The Secretary of Transportation \nshall establish and implement a program, the roadway safety enhancement \nprogram for older drivers and pedestrians, to improve roadway safety \ninfrastructure in all States in a manner consistent with the \nrecommendations included in the publication of the Federal Highway \nAdministration entitled ``Highway Design Handbook for Older Drivers and \nPedestrians'' (FHWA-RD-01-103), referred to in this Act as the \n``Handbook'', dated May 2001 or as subsequently revised and updated \npursuant to section 103.\n (b) Purpose.--The purpose of the roadway safety enhancement program \nfor older drivers and pedestrians is to achieve a significant reduction \nin roadway fatalities and serious injuries among drivers and \npedestrians 65 years of age or older on all public roads.\n (c) Apportionment of Funds.--\n (1) In general.--On October 1 of each fiscal year, the \n Secretary shall apportion such funds authorized to be \n appropriated to carry out this section for such fiscal year \n among the States in accordance with the following formula:\n (A) 33\\1\/3\\ percent of the apportionment in the \n ratio that--\n (i) the total vehicle miles traveled on \n lanes on public roads in each State; bears to\n (ii) the total vehicle miles traveled on \n lanes on public roads in all States.\n (B) 33\\1\/3\\ percent of the apportionment in the \n ratio that--\n (i) the total per capita population of \n individuals 65 years of age or older residing \n in each State in the latest fiscal year for \n which data is available, bears to\n (ii) the total per capital population of \n individuals 65 years of age or older residing \n in all States in the latest fiscal year for \n which data is available.\n (C) 33\\1\/3\\ percent of the apportionments in the \n ratio that--\n (i) the total number of fatalities and \n serious injuries among drivers and pedestrians \n 65 years of age or older on public roads in \n each State in the latest fiscal year for which \n data are available, bears to\n (ii) the total number of fatalities and \n serious injuries among drivers and pedestrians \n 65 years of age or older on the public roads in \n all States in the latest fiscal year for which \n data are available.\n (2) Minimum apportionment.--Notwithstanding paragraph (1), \n each State shall receive a minimum apportionment of not less \n than one percent of the funds apportioned under this \n subsection.\n (d) Project Eligibility and Selection.--\n (1) In general.--A State may obligate funds apportioned to \n the State under subsection (c) for the planning, design, and \n construction of infrastructure-related projects that employ \n safety enhancement recommendations set forth in the Handbook--\n (A) to improve safety at intersections, \n interchanges, rail grade crossings, and roadway \n segments;\n (B) to make systemic roadway safety improvements on \n public roads; and\n (C) to improve roadway safety on other sections or \n elements of public roads that a State transportation \n department identifies as hazardous for older drivers \n and pedestrians.\n (2) Project identification and selection priorities.--To \n obligate funds apportioned under subsection (c) to carry out \n this section, a State shall have in effect, either in \n conjunction with a State strategic highway safety plan pursuant \n to section 148 of title 23, United States Code, or separately, \n appropriate policies and procedures developed by the State \n transportation department to--\n (A) analyze and make effective use of State, \n regional and local crash and fatality data, hospital \n reports and other data to document traffic-related \n fatalities and injuries to individuals 65 years of age \n or older;\n (B) consult with appropriate State and local \n transportation planning agencies, State and local \n safety agencies and organizations, representatives of \n the roadway infrastructure safety industry, and State \n and local organizations representing older drivers and \n pedestrians, to identify hazardous locations, sections, \n and elements of public roads that constitute a danger \n for drivers, vehicle occupants, or pedestrians 65 years \n of age or older;\n (C) determine the relative severity of hazardous \n road and highway locations, sections and elements for \n drivers and pedestrians age 65 years or older through \n crash and injury data analysis;\n (D) establish priorities for obligating funds among \n potential projects for correction of hazardous road and \n highway conditions, which shall include projects that--\n (i) involve hazardous intersection, road or \n highway conditions identified in a strategic \n highway safety plan pursuant to section \n 148(c)(1)(D) as exhibiting the most severe \n safety needs;\n (ii) make use of multiple Handbook \n recommendations or the use of a systemic \n program to correct the most serious highway \n safety hazards for drivers or pedestrians 65 \n years of age or older; or\n (iii) are used in conjunction with other \n Federal programs such as the safe routes to \n schools program pursuant to section 1404 of \n SAFETEA-LU or such other road safety design \n improvements or funding that enhance traffic \n and pedestrian safety for all roadway users;\n (E) establish and implement a schedule of roadway \n infrastructure safety improvement projects for hazard \n correction and hazard prevention; and\n (F) establish an evaluation process to analyze and \n assess results achieved by highway safety improvement \n projects carried out in accordance with procedures and \n criteria established by the section and report annually \n the results of such evaluations to the Secretary.\n (e) Federal Share.--The Federal share of the cost of a project \ncarried out under this section shall be 90 percent.\n (f) Definitions.--As used in this section, the terms ``public \nroad'', ``State'', and ``State transportation department'' have the \nmeaning such terms have in section 101 of title 23, United States Code.\n (g) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated out \n of the Highway Trust Fund (other than the Mass Transit Account) \n $500,000,000 to carry out this section for each of fiscal years \n 2010 through 2015.\n (2) Applicability of title 23.--Funds authorized to be \n appropriated to carry out this section shall be available for \n obligation in the same manner as if such funds were \n appropriated under chapter 1 of title 23, United States Code, \n and such funds shall remain available until expended and shall \n not be transferable.\n\nSEC. 102. REGULATIONS.\n\n Not later than 9 months after the date of enactment of this Act, \nthe Secretary shall issue regulations to carry out section 101.\n\nSEC. 103. REVISION OF THE HIGHWAY DESIGN HANDBOOK FOR OLDER DRIVERS AND \n PEDESTRIANS.\n\n The Secretary of Transportation shall--\n (1) finalize the revision of the Handbook for publication \n on or before the date required for issuance of regulations in \n section 102;\n (2) initiate a review of applicable traffic safety research \n for purposes of incorporating in the Handbook appropriate \n recommendations relating to--\n (A) supplemental lighting at intersections, \n interchanges, rail-grade rail crossings and hazardous \n sections of roadways, as appropriate, to address visual \n impairments among older drivers;\n (B) wet-night visibility of pavement markings and \n edgelines; and\n (C) design of intersection curbs and curb ramps to \n address physical limitations of older or disabled \n pedestrians;\n (3) issue, not later than one year after the date of \n enactment of this section, a guidance memo regarding the \n appropriateness of applying to public roads and highways \n pedestrian safety improvements relating to the following \n intersection design elements:\n (A) receiving lane (throat) width for turning \n operations;\n (B) channelization;\n (C) offset (single) left-turn lane geometry, \n signing, and delineation;\n (D) curb radius; and\n (E) pedestrian crossing design, operations, and \n control; and\n (4) conduct ongoing research to permit revision and \n publication of an updated Handbook not later than December 31, \n 2014.\n\n TITLE II--OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND \n ADMINISTRATIVE COORDINATION\n\nSEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS.\n\n (a) Collection of Traffic Injury and Fatality Data on Older Drivers \nand Pedestrians.--Section 148(c)(1)(D) of title 23, United States Code, \nis amended--\n (1) by striking ``and'' at the end of clause (iii);\n (2) by inserting ``and'' at the end of clause (iv); and\n (3) by inserting after clause (iv), the following:\n ``(v) includes a means of identifying the \n relative severity of hazardous locations \n described in clause (iii) in terms of \n accidents, injuries, and death involving \n drivers, passengers, and pedestrians 65 years \n of age or older;''.\n (b) Repeal of Existing Law.--Section 1405 of the Safe, Accountable, \nFlexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C. \n401 note; 119 Stat. 1230), and the item relating to such section in \nsection 1(b) of such Act, are repealed.\n\nSEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER SAFETY.\n\n (a) In General.--The Secretary shall appoint a Special Assistant \nfor Older Driver and Pedestrian Safety within the Office of the \nSecretary to oversee and coordinate programs operated or funded by the \nDepartment relating to transportation safety, research, and services \nfor individuals age 65 and older.\n (b) Policy Goals and Implementation.--The Secretary shall \nestablish, after consultation with other Federal and State \ntransportation agencies, organizations representing individuals age 65 \nand older, representatives of law enforcement, and advocates for \nroadway safety infrastructure, national goals for increasing driver, \npassenger, and pedestrian safety for persons age 65 and older, together \nwith procedures for implementing and monitoring progress toward \nachieving such goals.\n (c) Duties of the Special Assistant.--The Special Assistant for \nOlder Driver and Pedestrian Safety shall be responsible for planning \nand implementing policies to achieve the national goals set forth by \nthe Secretary pursuant to subsection (b), and, in consultation with the \nSecretary and the Undersecretary for Policy, shall also have \nresponsibility to:\n (1) oversee collection and analysis of national traffic \n accident, injury, and fatality data relating to individuals age \n 65 and older;\n (2) coordinate and make recommendations regarding research \n undertaken by the Department to identify and address the safety \n needs of drivers, passengers, and pedestrians age 65 and older;\n (3) oversee the revision of the Handbook, as required by \n section 103 of this Act;\n (4) oversee the conduct of research and make \n recommendations for inclusion in the manual on uniform traffic \n control devices of appropriate safety features and traffic \n control devices in the Handbook that have been determined \n effective in reducing injuries or fatalities among drivers, \n passengers, and pedestrians age 65 and older;\n (5) oversee research by the National Highway Traffic Safety \n Administration to test and implement vehicle crash dummies that \n more accurately reproduce and measure the severity of vehicle-\n related injuries for occupants age 65 and older;\n (6) encourage and facilitate revision of the abbreviated \n injury scale system of injury quantification to more accurately \n measure injuries and fatalities to vehicle occupants age 65 and \n older, including measuring the effect of pre-existing and \n chronic conditions and long-term injury outcomes;\n (7) improve coordination of research sponsored by the \n Department to develop efficient, effective and safe mobility \n options for individuals age 65 and older with research \n conducted by the National Center on Senior Transportation; and\n (8) undertake such other duties and responsibilities that \n the Secretary or the Undersecretary for Policy shall determine \n appropriate.\n (d) Report to Congress.--The Secretary, not later than 12 months \nafter the date of enactment of this section, and not less than annually \nthereafter, shall submit to Congress a report that documents the \nprogress made by the Department to achieve the goals set forth by the \nSecretary pursuant to subsection (b), that shall include, as \nappropriate, descriptions of any impediments to achieving such goals, \nexplanation of strategies or plans to address such impediments, and \nrecommendations for additional Congressional action.\n (e) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated out \n of the Highway Trust Fund (other than the Mass Transit Account) \n $250,000 to carry out subsection (d) for each of fiscal years \n 2010 through 2015.\n (2) Applicability of title 23.--Funds authorized to be \n appropriated to carry out subsection (d) shall be available for \n obligation in the same manner as if such funds were \n appropriated under chapter 1 of title 23, United States Code, \n and such funds shall remain available until expended and shall \n not be transferable.\n\nSEC. 203. MINIMUM LEVELS OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS.\n\n Not later than October 1, 2010, the Secretary of Transportation \nshall revise the manual on uniform traffic control devices to include a \nstandard for a minimum level of retroreflectivity that must be \nmaintained for pavement markings, which shall apply to all roads open \nto public travel.","summary":"Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009 - Directs the Secretary of Transportation to implement a roadway safety enhancement program for older drivers and pedestrians to: (1) improve roadway safety infrastructure in states that is consistent with recommendations of the Federal Highway Administration (FHWA) in the Highway Design Handbook for Older Drivers and Pedestrians. And (2) achieve significant reductions in roadway fatalities and serious injuries among drivers and pedestrians 65 years old or older on all public roads. Sets forth project eligibility requirements and project identification and selection priorities. Requires the Secretary to finalize revision of the Handbook for publication. Amends the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) to repeal its program for roadway safety improvements for older drivers and pedestrians. Requires the Secretary to: (1) appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary. And (2) establish national goals for increasing driver, passenger, and pedestrian safety for persons 65 years old or older. Requires the Secretary to revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity for pavement markings on all public roads.","title":"To direct the Secretary of Transportation to carry out a program to improve roadway safety infrastructure in all States to enhance the safety of older drivers and pedestrians, and for other purposes.","text_len":16593,"sum_len":1366} {"bill_id":"113_hr5611","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public School Emergency Relief \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) In 2014, the United States experienced an unprecedented \n influx in arrivals of unaccompanied alien children.\n (2) Between January 1, 2014, and July 31, 2014, the \n Department of Health and Human Services Office of Refugee \n Resettlement released 37,477 unaccompanied alien children to \n sponsors nationwide.\n (3) Federal law, as upheld by the Supreme Court decision \n Plyer v. Doe, permits all children residing in the United \n States access to a public elementary and secondary education \n regardless of their immigration status.\n (4) An unprecedented influx of unaccompanied alien children \n has resulted in a strain on the Nation's public school system.\n (5) In response to these conditions, this Act creates an \n emergency grant for the 2014-2015 school year tailored to the \n needs of local educational agencies affected by enrollment \n increases attributable to unaccompanied alien children.\n\nSEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS.\n\n (a) Temporary Emergency Impact Aid Authorized.--\n (1) Aid to state educational agencies.--From amounts \n appropriated to carry out this Act, the Secretary of Education \n shall provide emergency impact aid to State educational \n agencies to enable the State educational agencies to make \n emergency impact aid payments to eligible local educational \n agencies and eligible BIA-funded schools to enable such \n eligible local educational agencies and schools to provide for \n the instruction of students served by such agencies and \n schools.\n (2) Aid to local educational agencies and bia-funded \n schools.--A State educational agency shall make emergency \n impact aid payments to eligible local educational agencies and \n eligible BIA-funded schools in accordance with subsection (c).\n (3) Notice of funds availability.--Not later than 14 \n calendar days after the date of enactment of this Act, the \n Secretary of Education shall publish in the Federal Register a \n notice of the availability of funds under this section.\n (b) Application.--\n (1) State educational agency.--A State educational agency \n that desires to receive emergency impact aid under this section \n shall submit an application to the Secretary of Education, not \n later than 7 calendar days after the date by which an \n application under paragraph (2) must be submitted, in such \n manner, and accompanied by such information as the Secretary of \n Education may reasonably require, including information on the \n total immigrant student child count of the State provided by \n eligible local educational agencies in the State and eligible \n BIA-funded schools in the State under paragraph (2).\n (2) Local educational agencies and bia-funded schools.--An \n eligible local educational agency or eligible BIA-funded school \n that desires an emergency impact aid payment under this section \n shall submit an application to the State educational agency, \n not later than 14 calendar days after the date of the \n publication of the notice described in subsection (a)(3), in \n such manner, and accompanied by such information as the State \n educational agency may reasonably require, including \n documentation submitted quarterly for the 2014-2015 school year \n that indicates the following:\n (A) In the case of an eligible local educational \n agency, the number of immigrant students enrolled in \n the elementary schools and secondary schools (including \n charter schools) served by such agency for such \n quarter.\n (B) In the case of an eligible BIA-funded school, \n the number of immigrant students enrolled in such \n school for such quarter.\n (3) Determination of number of immigrant students.--In \n determining the number of immigrant students for a quarter \n under paragraph (2), an eligible local educational agency or \n eligible BIA-funded school shall include the number of \n immigrant students served--\n (A) in the case of a determination for the first \n quarterly installment, during the quarter prior to the \n date of enactment of this Act; and\n (B) in the case of a determination for each \n subsequent quarterly installment, during the quarter \n immediately preceding the quarter for which the \n installment is provided.\n (c) Amount of Emergency Impact Aid.--\n (1) Aid to state educational agencies.--\n (A) In general.--The amount of emergency impact aid \n received by a State educational agency for the 2014-\n 2015 school year shall equal the product of--\n (i) the increase (if any) in the number of \n immigrant students--\n (I) as determined by the eligible \n local educational agencies and eligible \n BIA-funded schools in the State under \n subsection (b)(2); over\n (II) the number of such students \n enrolled during the corresponding \n quarter of the 2012-2013 school year; \n and\n (ii) $12,000.\n (B) Insufficient funds.--If the amount available \n under this section to provide emergency impact aid \n under this subsection is insufficient to pay the full \n amount that a State educational agency is eligible to \n receive under this section, the Secretary of Education \n shall ratably reduce the amount of such emergency \n impact aid.\n (C) Retention of state share.--In the case of a \n State educational agency that has made a payment prior \n to the date of enactment of this Act to a local \n educational agency for the purpose of covering \n additional costs incurred as a result of enrolling an \n immigrant student in a school served by the local \n educational agency, the State educational agency may \n retain a portion of the payment described in paragraph \n (2)(A)(ii) that bears the same relation to the total \n amount of the payment under such paragraph as the sum \n of such prior payments bears to the total cost of \n attendance for all students in that local educational \n agency for whom the State educational agency made such \n prior payments.\n (2) Aid to eligible local educational agencies and eligible \n bia-funded schools.--\n (A) Quarterly installments.--\n (i) In general.--A State educational agency \n shall provide emergency impact aid payments \n under this section on a quarterly basis for the \n 2014-2015 school year by such dates as \n determined by the Secretary of Education. Such \n quarterly installment payments shall be based \n on the number of immigrant students reported \n under subsection (b)(2).\n (ii) Payment amount.--Subject to paragraph \n (1)(B), each quarterly installment payment \n under clause (i) shall equal 25 percent of the \n amount determined under paragraph (1)(A).\n (iii) Timeline.--The Secretary of Education \n shall establish a timeline for quarterly \n reporting on the number of immigrant students \n in order to make the appropriate disbursements \n in a timely manner.\n (iv) Insufficient funds.--If, for any \n quarter, the amount available under this \n section to make payments under this subsection \n is insufficient to pay the full amount that an \n eligible local educational agency or eligible \n BIA-funded school is eligible to receive under \n this section, the State educational agency \n shall ratably reduce the amount of such \n payments.\n (3) Immigrant students.--Subject to the subsection (d), an \n eligible local educational agency or eligible BIA-funded school \n receiving emergency impact aid payments under this section \n shall use the payments to provide services and assistance to \n elementary schools and secondary schools (including charter \n schools) served by such agency, or to such BIA-funded school, \n that enrolled an immigrant student.\n (d) Use of Funds.--\n (1) Authorized uses.--The authorized uses of funds are the \n following:\n (A) Paying the compensation of personnel, including \n teacher aides, in schools enrolling immigrant students.\n (B) Identifying and acquiring curricular material, \n including the costs of providing additional classroom \n supplies, and mobile educational units and leasing \n sites or spaces.\n (C) Basic instructional services for such students, \n including tutoring, mentoring, or academic counseling.\n (D) Reasonable transportation costs.\n (E) Health and counseling services.\n (F) Education and support services.\n (G) Other uses as allowed under title III of the \n Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6801 et seq.).\n (2) Provision of special education and related services.--\n (A) In general.--In the case of an immigrant \n student who is a child with a disability, any payment \n made on behalf of such student to an eligible local \n educational agency shall be used to pay for special \n education and related services consistent with the \n Individuals with Disabilities Education Act (20 U.S.C. \n 1400 et seq.).\n (B) Definitions.--In subparagraph (A), the terms \n ``child with a disability'', ``special education'', and \n ``related services'' have the meaning given such terms \n in section 602 of the Individuals with Disabilities \n Education Act (20 U.S.C. 1401).\n (e) Return of Aid.--\n (1) Eligible local educational agency or eligible bia-\n funded school.--An eligible local educational agency or \n eligible BIA-funded school that receives an emergency impact \n aid payment under this section shall return to the State \n educational agency any payment provided to the eligible local \n educational agency or school under this section that the \n eligible local educational agency or school has not obligated \n by the end of the 2014-2015 school year in accordance with this \n section.\n (2) State educational agency.--A State educational agency \n that receives emergency impact aid under this section, shall \n return to the Secretary of Education--\n (A) any aid provided to the agency under this \n section that the agency has not obligated by the end of \n the 2014-2015 school year in accordance with this \n section; and\n (B) any payment funds returned to the State \n educational agency under paragraph (1).\n (f) Limitation on Use of Aid and Payments.--Aid and payments \nprovided under this section shall only be used for expenses incurred \nduring the 2014-2015 school year.\n (g) Administrative Expenses.--A State educational agency that \nreceives emergency impact aid under this section may use not more than \n1 percent of such aid for administrative expenses. An eligible local \neducational agency or eligible BIA-funded school that receives \nemergency impact aid payments under this section may use not more than \n2 percent of such payments for administrative expenses.\n (h) Special Funding Rule.--In calculating funding under section \n8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n7703) for an eligible local educational agency that receives an \nemergency impact aid payment under this section, the Secretary of \nEducation shall not count immigrant students served by such agency for \nwhom an emergency impact aid payment is received under this section, \nnor shall such students be counted for the purpose of calculating the \ntotal number of children in average daily attendance at the schools \nserved by such agency as provided in section 8003(b)(3)(B)(i) of such \nAct (20 U.S.C. 7703(b)(3)(B)(i)).\n (i) Nondiscrimination.--\n (1) In general.--Nothing in this Act may be construed to \n alter or modify the provisions of the Individuals with \n Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI \n of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), \n title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et \n seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et \n seq.).\n (2) Prohibition.--A school that enrolls an immigrant \n student under this section shall not discriminate against \n students on the basis of race, color, national origin, \n religion, disability, or sex.\n (3) Rule of construction.--The amount of any payment (or \n other form of support provided on behalf of an immigrant \n student) under this section shall not be treated as income of a \n parent or guardian of the student for purposes of Federal tax \n laws or for determining eligibility for any other Federal \n program.\n (j) Treatment of State Aid.--A State shall not take into \nconsideration emergency impact aid payments received under this section \nby a local educational agency in the State in determining the \neligibility of such local educational agency for State aid, or the \namount of State aid, with respect to free public education of children.\n\nSEC. 4. DEFINITIONS.\n\n (a) In General.--Unless otherwise specified, the terms used in this \nAct have the meanings given the terms in section 9101 of the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 7801).\n (b) Specific Definitions.--In this Act:\n (1) Eligible local educational agency.--The term ``eligible \n local educational agency'' means a local educational agency \n that serves an elementary school or secondary school (including \n a charter school) in which there is enrolled an immigrant \n student.\n (2) Eligible bia-funded school.--The term ``eligible BIA-\n funded school'' means a school funded by the Bureau of Indian \n Affairs in which there is enrolled an immigrant student.\n (3) Immigrant student.--The term ``immigrant student'' has \n the meaning given the term ``immigrant children and youth'' in \n section 3301 of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 7011).","summary":"Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students. Authorizes the funds to be used for: compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III of the Elementary and Secondary Education Act of 1965. Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year.","title":"Public School Emergency Relief Act","text_len":16345,"sum_len":1123} {"bill_id":"114_hr3124","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Slate for Marijuana Offenses \nAct of 2015''.\n\nSEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED \n OFFENSES.\n\n (a) In General.--Chapter 229 of title 18, United States Code, is \namended by inserting after subchapter C the following new subchapter:\n\n ``SUBCHAPTER D--EXPUNGEMENT\n\n``Sec.\n``3631. Expungement of certain criminal records in limited \n circumstances.\n``3632. Requirements for expungement.\n``3633. Procedure for expungement.\n``3634. Effect of expungement.\n``3635. Disclosure of expunged records.\n``Sec. 3631. Expungement of certain criminal records in limited \n circumstances\n ``(a) In General.--Any individual convicted of a qualifying \nmarijuana-related offense who fulfills the requirements of section 3632 \nmay, upon petition for expungement made in accordance with this \nsubchapter, obtain an order granting expungement under this subchapter.\n ``(b) Definition of Qualifying Marijuana-Related Offense.--In this \nsubchapter, the term `qualifying marijuana-related offense' means an \noffense against the United States in which the conduct constituting the \noffense--\n ``(1) was legal under the State law at the time of the \n offense; or\n ``(2) was the possession of marijuana in a quantity is not \n greater than one ounce.\n ``(c) Definition of State.--In this subchapter, the term `State' \nincludes the District of Columbia, Puerto Rico, and any other territory \nor possession of the United States.\n``Sec. 3632. Requirements for expungement\n ``No individual shall be eligible for an order of expungement under \nthis subchapter unless, before filing a petition under this subchapter, \nsuch individual fulfills all requirements of the sentence for the \nconviction for which expungement is sought, including completion of any \nterm of imprisonment or period of probation, meeting all conditions of \na supervised release, and paying all fines.\n``Sec. 3633. Procedure for expungement\n ``(a) Petition.--An individual may file a petition for expungement \nof a conviction in the court in which the conviction was obtained. A \ncopy of the petition shall be served by the court upon the United \nStates Attorney for the judicial district of that court.\n ``(b) Opportunity for Government To Contest Petition.--Not later \nthan 60 days after the date a copy of a petition is served on the \nGovernment under subsection (a), the Government may, if the Government \ndetermines the facts do not support the petition, inform the court and \nthe petitioner that the Government opposes granting expungement. If the \nGovernment does so inform the court and the petitioner, the court shall \nallow the Government and the petitioner an opportunity to present \nevidence and argument relating to the petition.\n ``(c) Court-Ordered Expungement.--If, after the passage of the 60-\nday period described in subsection (a) or earlier, if the Government \ninforms the court it will not oppose granting expungement or if \nproceedings related to that opposition have been completed, the court \ndetermines the preponderance of the evidence before the court supports \nthe granting of expungement under this subchapter, the court shall \nissue an order granting that expungement. If the court determines the \npetition is not supported by the preponderance of the evidence before \nthe court, the court shall deny the petition.\n``Sec. 3634. Effect of expungement\n ``(a) In General.--An order granting expungement under this \nsubchapter restores the individual concerned, in the contemplation of \nthe law, to the status that individual occupied before the arrest or \nthe institution of criminal proceedings for the offense for which \nexpungement is granted.\n ``(b) No Disqualification; Statements.--After an order under this \nsubchapter granting expungement of an individual's criminal records, \nthat individual is not required to divulge information pertaining to \nthe expunged conviction. The fact that such individual has been \nconvicted of the criminal offense concerned shall not operate as a \ndisqualification of that individual to pursue or engage in any lawful \nactivity, occupation, or profession. Such individual is not guilty of \nany perjury, false answering, or making a false statement by reason of \nthat individual's failure to recite or acknowledge such arrest or \ninstitution of criminal proceedings, or results thereof, in response to \nan inquiry made of that individual for any purpose.\n ``(c) Records To Be Destroyed.--Except as provided in section 3635, \nupon order of expungement, all official law enforcement and court \nrecords, including all references to such person's arrest for the \noffense, the institution of criminal proceedings against the \nindividual, and the results thereof, except publicly available court \nopinions or briefs on appeal, shall be permanently destroyed.\n``Sec. 3635. Disclosure of expunged records\n ``(a) Index To Assist Authorized Disclosure.--The Department of \nJustice shall maintain a nonpublic manual or computerized record of \nexpungements under this subchapter containing only the name of, and \nalphanumeric identifiers selected by the Department of Justice that \nrelate to, the persons who obtained expungement under this subchapter, \nand the order of expungement.\n ``(b) Authorized Disclosure to Individual.--Information in the \nindex shall be made available only to the individual to whose \nexpungement it pertains or to such individual's designated agent.\n ``(c) Punishment for Improper Disclosure.--Whoever knowingly \ndiscloses information relating to an expunged conviction other than as \nauthorized in this subchapter shall be fined under this title or \nimprisoned not more than one year, or both.''.\n (b) Clerical Amendment.--The table of subchapters at the beginning \nof chapter 229 of title 18, United States Code, is amended by adding at \nthe end the following item:\n\n``D. Expungement........................................ 3631''.\n (c) Effective Date.--The amendments made by this Act apply to \nindividuals convicted of an offense before, on, or after the date of \nenactment of this Act.","summary":"Clean Slate for Marijuana Offenses Act of 2015 Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction. Defines a qualifying marijuana-related offense as an offense against the United States in which the conduct constituting the offense: (1) was legal under the state law at the time of the offense, or (2) was the possession of not more than one ounce of marijuana. Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted. (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession. (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense. And (4) records pertaining to an expunged conviction shall be destroyed. Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction.","title":"Clean Slate for Marijuana Offenses Act of 2015","text_len":6272,"sum_len":2057} {"bill_id":"112_hr2809","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Microenterprise and Youth \nEntrepreneurship Development Act of 2011''.\n\nSEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING \n PROGRAM.\n\n (a) Definitions.--Section 172(5) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) \nis amended--\n (1) in subparagraph (B) by striking ``or'' at the end;\n (2) in subparagraph (C) by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(D) an entrepreneur that operates a business or \n intends to operate a business in an investment area (as \n such term is defined in section 103(16) of this \n Act).''.\n (b) Uses of Assistance.--Section 174 of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is \namended--\n (1) in paragraph (3) by striking ``and'' at the end;\n (2) by redesignating paragraph (4) as paragraph (5); and\n (3) by inserting after paragraph (3) the following:\n ``(4) to advertise in print, electronic, and other media \n the training and technical assistance provided under paragraph \n (1); and''.\n (c) Targeted Assistance.--Section 176(b) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) \nis amended by striking ``50 percent'' and inserting ``60 percent''.\n (d) Matching Requirements.--Section 177(c) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) \nis amended by adding at the end the following:\n ``(3) Consideration.--In determining whether to reduce or \n eliminate matching requirements under paragraph (1), the \n Administrator shall consider the impact of the economic crisis \n of 2007 through 2009 on the geographic area in which an \n applicant operates.''.\n (e) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Administrator of the Small Business Administration shall \nsubmit to the Committee on Small Business of the House of \nRepresentatives and the Committee on Small Business and \nEntrepreneurship of the Senate a report describing recommendations for \nimproving the application and grant making process of the \nmicroenterprise technical assistance and capacity building grant \nprogram (carried out under subtitle C of title I of the Riegle \nCommunity Development and Regulatory Improvement Act of 1994), \nincluding recommendations, developed in consultation with stakeholders, \nfor streamlining the application and grant making process of that \nprogram.\n (f) Microenterprise Coordinator.--\n (1) Establishment.--Not later than 1 year after the date of \n enactment of this Act, the Administrator shall establish in the \n Small Business Administration the position of Microenterprise \n Coordinator.\n (2) Duties.--The Microenterprise Coordinator shall--\n (A) work to ensure that the contributions of \n microenterprises to the economy are maximized;\n (B) work to enhance, support, and coordinate the \n programs of the Federal Government providing assistance \n to microenterprises, including Federal technical \n assistance programs;\n (C) work to ensure that underserved entrepreneurs \n are included in the programs of the Federal Government \n providing assistance to microenterprises;\n (D) make available to the public annually a \n comprehensive list and description of each Federal \n program that provides assistance to microenterprises; \n and\n (E) encourage public-private partnerships that \n support entrepreneurship.\n (3) Microenterprise defined.--In this subsection, the term \n ``microenterprise'' has the meaning given that term in section \n 172(10) of the Riegle Community Development and Regulatory \n Improvement Act of 1994 (15 U.S.C. 6901(10)).\n\nSEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP.\n\n (a) Establishment.--Not later than 1 year after the date of \nenactment of this Act, the Administrator of the Small Business \nAdministration shall establish an Office of Youth Entrepreneurship (in \nthis section referred to as the ``Office'') in the Small Business \nAdministration.\n (b) Director.--The Administrator shall appoint a Director of Youth \nEntrepreneurship (in this section referred to as the ``Director'') to \nserve as the head of the Office.\n (c) Duties.--The Director shall--\n (1) carry out the youth entrepreneurship technical \n assistance grant program described in subsection (d);\n (2) carry out the youth entrepreneurship curriculum grant \n program described in subsection (e);\n (3) promote the growth of youth entrepreneurship by \n establishing public-private partnerships and carrying out \n advertising campaigns;\n (4) sponsor and support State and national youth \n entrepreneurship competitions that raise awareness of the \n importance of small business development;\n (5) study and promote Federal activities that support \n entrepreneurship education; and\n (6) support the establishment of public and private youth \n entrepreneurship education and mentoring opportunities.\n (d) Youth Entrepreneurship Technical Assistance Grant Program.--The \nDirector shall establish a program under which the Director may make \ngrants to assist entities, including nonprofit microenterprise \ndevelopment organizations, to provide individuals under 25 years of age \nwith technical assistance related to entrepreneurship.\n (e) Youth Entrepreneurship Curriculum Grant Program.--\n (1) In general.--The Director shall establish a program \n under which the Director may make grants to a covered entity to \n assist the development, improvement, or implementation of a \n youth entrepreneurship curriculum that includes information on \n the topics of--\n (A) securing capital and borrowing;\n (B) business plan conception and drafting;\n (C) accounting;\n (D) management; and\n (E) marketing.\n (2) Application process.--To be eligible for a grant \n described in paragraph (1), a covered entity shall submit to \n the Director an application at such time, in such manner, and \n containing such information as the Director may require, except \n that the application shall include at least--\n (A) a description of the curriculum to be \n developed, improved, or implemented;\n (B) a description of how grant funds will be used;\n (C) a description of goals relating to the use of \n grant funds and the curriculum to be developed, \n improved, or implemented; and\n (D) a description of how progress will be measured \n with respect to the goals described in subparagraph \n (C).\n (3) Covered entity defined.--In this subsection, the term \n ``covered entity'' means a local educational agency in any of \n the several States, the District of Columbia, or a territory or \n possession of the United States and a local educational agency \n of a federally recognized Indian tribe.\n (f) Investment Areas.--\n (1) In general.--The Director shall ensure that at least 25 \n percent of the amounts made available to carry out the Office \n each fiscal year are used to assist youth in investment areas.\n (2) Investment area defined.--In this subsection, the term \n ``investment area'' has the meaning given that term in section \n 103(16) of the Riegle Community Development and Regulatory \n Improvement Act of 1994 (12 U.S.C. 4702(16)).\n (g) Student Loan Assistance.--Not later than 180 days after the \ndate of enactment of this Act, the Director, in consultation with the \nSecretary of Education, shall submit to Congress a report that includes \ndetailed recommendations for legislation--\n (1) establishing a program to forgive student loans in a \n manner that assists youth entrepreneurship by making available \n capital for business formation; and\n (2) establishing a program to defer student loan repayments \n in a manner that assists youth entrepreneurship by making \n available capital for business formation.\n\nSEC. 4. GAO STUDY AND REPORT.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study on--\n (1) the economic impact of allowing youth entrepreneurs to \n defer student loan repayments to make available capital for \n business formation;\n (2) the economic impact of increasing the participation of \n individuals under 25 years of age in the microloan program of \n the Small Business Administration (carried out under section \n 7(m) of the Small Business Act (15 U.S.C. 636(m)), \n notwithstanding the limited collateral and formal business \n experience of such individuals;\n (3) alternative methods for measuring creditworthiness that \n may assist youth entrepreneurship; and\n (4) actions Congress should consider to promote youth \n entrepreneurship.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Comptroller General shall submit to the Committee on \nSmall Business of the House of Representatives and the Committee on \nSmall Business and Entrepreneurship of the Senate a report on the \nresults of the study conducted under subsection (a).","summary":"Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of disadvantaged entrepreneur a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60 the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. And (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.","title":"To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes.","text_len":10151,"sum_len":1463} {"bill_id":"110_hr3352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hydrographic Services Improvement \nAct Amendments of 2008''.\n\nSEC. 2. DEFINITIONS.\n\n Section 302 of the Hydrographic Services Improvement Act of 1998 \n(33 U.S.C. 892) is amended--\n (1) by amending paragraph (3) to read as follows:\n ``(3) Hydrographic data.--The term `hydrographic data' \n means information that--\n ``(A) is acquired through--\n ``(i) hydrographic, bathymetric, \n photogrammetric, lidar, radar, remote sensing, \n or shoreline and other ocean- and coastal-\n related surveying;\n ``(ii) geodetic, geospatial, or geomagnetic \n measurements;\n ``(iii) tide, water level, and current \n observations; or\n ``(iv) other methods; and\n ``(B) is used in providing hydrographic \n services.'';\n (2) by amending paragraph (4)(A) to read as follows:\n ``(A) the management, maintenance, interpretation, \n certification, and dissemination of bathymetric, \n hydrographic, shoreline, geodetic, geospatial, \n geomagnetic, and tide, water level, and current \n information, including the production of nautical \n charts, nautical information databases, and other \n products derived from hydrographic data;''; and\n (3) by striking paragraph (5).\n\nSEC. 3. FUNCTIONS OF THE ADMINISTRATOR.\n\n Section 303 of the Hydrographic Services Improvement Act of 1998 \n(33 U.S.C. 892a) is amended--\n (1) in subsection (a)--\n (A) by striking ``the Act of 1947,'' and inserting \n ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et \n seq.)''; and\n (B) in paragraph (1) by striking ``data;'' and \n inserting ``data and provide hydrographic services;'';\n (2) in subsection (b)--\n (A) by striking ``the Act of 1947,'' and inserting \n ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et \n seq.)'';\n (B) in paragraph (3) by striking ``title IX of the \n Federal Property and Administrative Services Act of \n 1949; and'' and inserting ``subchapter VI of chapter 10 \n of title 40, United States Code;'';\n (C) in paragraph (4) by striking the period and \n inserting ``; and''; and\n (D) by adding at the end the following:\n ``(5) may create, support, and maintain a Joint \n Hydrographic Institute.''; and\n (3) by striking subsection (c) and inserting the following:\n ``(c) Acquisition of Hydrographic Data and Provide Hydrographic \nServices.--To the extent that it does not detract from the promotion of \nsafe and efficient navigation, the Administrator may acquire \nhydrographic data and provide hydrographic services to--\n ``(1) support the conservation and management of coastal \n and ocean resources;\n ``(2) save and protect life and property;\n ``(3) support the resumption of commerce in response to \n emergencies, natural disasters, and man-made disasters; and\n ``(4) meet homeland security and maritime domain awareness \n needs, including carrying out mission assignments (as that term \n is defined in section 641 of the Post-Katrina Emergency \n Management Reform Act of 2006 (6 U.S.C. 741).''.\n\nSEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.\n\n Section 305 of the Hydrographic Services Improvement Act of 1998 \n(33 U.S.C. 892c) is amended--\n (1) in subsection (c)(1)(A) by striking ``Director'' and \n inserting ``Co-directors'';\n (2) in subsections (c)(1)(C), (c)(3), and (e) by striking \n ``Secretary'' each place it appears and inserting \n ``Administrator''; and\n (3) by amending subsection (d) to read as follows:\n ``(d) Compensation.--Voting members of the panel shall be \nreimbursed for actual and reasonable expenses, including travel and per \ndiem, incurred in the performance of duties for the panel.''.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 306 of the Hydrographic Services Improvement Act of 1998 \n(33 U.S.C. 892d) is amended to read as follows:\n\n``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Administrator the \nfollowing:\n ``(1) To carry out nautical mapping and charting functions \n under sections 303 and 304, except for conducting hydrographic \n surveys--\n ``(A) $55,000,000 for fiscal year 2009;\n ``(B) $56,000,000 for fiscal year 2010;\n ``(C) $57,000,000 for fiscal year 2011; and\n ``(D) $58,000,000 for fiscal year 2012.\n ``(2) To contract for hydrographic surveys under section \n 303(b)(1), including the leasing or time chartering of \n vessels--\n ``(A) $32,130,000 for fiscal year 2009;\n ``(B) $32,760,000 for fiscal year 2010;\n ``(C) $33,390,000 for fiscal year 2011; and\n ``(D) $34,020,000 for fiscal year 2012.\n ``(3) To operate hydrographic survey vessels owned by the \n United States and operated by the Administration--\n ``(A) $25,900,000 for fiscal year 2009;\n ``(B) $26,400,000 for fiscal year 2010;\n ``(C) $26,900,000 for fiscal year 2011; and\n ``(D) $27,400,000 for fiscal year 2012.\n ``(4) To carry out geodetic functions under this title--\n ``(A) $32,640,000 for fiscal year 2009;\n ``(B) $32,280,000 for fiscal year 2010;\n ``(C) $33,920,000 for fiscal year 2011; and\n ``(D) $34,560,000 for fiscal year 2012.\n ``(5) To carry out tide and current measurement functions \n under this title--\n ``(A) $27,000,000 for fiscal year 2009;\n ``(B) $27,500,000 for fiscal year 2010;\n ``(C) $28,000,000 for fiscal year 2011; and\n ``(D) $28,500,000 for fiscal year 2012.\n ``(6) To acquire a replacement hydrographic survey vessel \n capable of staying at sea continuously for at least 30 days \n $75,000,000.''.\n\nSEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW.\n\n The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is \namended by adding at the end the following:\n\n``SEC. 11. SHORT TITLE.\n\n ``This Act may be cited as the `Coast and Geodetic Survey Act'.''.\n\n Passed the House of Representatives March 31, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of hydrographic data to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of hydrographic services to include shoreline and water level information. Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute. Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel. Amends the Act of August 6, 1947, to give it the name Coast and Geodetic Survey Act.","title":"To reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.","text_len":7203,"sum_len":1545} {"bill_id":"106_s2061","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kids 2000 Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) There is an increasing epidemic of juvenile crime \n throughout the United States.\n (2) It is well documented that the majority of juvenile \n crimes take place during after-school hours.\n (3) Knowledge of technology is becoming increasingly \n necessary for children in school and out of school.\n (4) The Boys and Girls Clubs of America have 2,300 clubs \n throughout all 50 States, serving over 3,000,000 boys and girls \n primarily from at-risk communities.\n (5) The Boys and Girls Clubs of America have the physical \n structures in place for immediate implementation of an after-\n school technology program.\n (6) Building technology centers and providing integrated \n content and full-time staffing at those centers in the Boys and \n Girls Clubs of America nationwide will help foster education, \n job training, and an alternative to crime for at-risk youth.\n (7) Partnerships between the public sector and the private \n sector are an effective way of providing after-school \n technology programs in the Boys and Girls Clubs of America.\n (8) PowerUp: Bridging the Digital Divide is an entity \n comprised of more than a dozen nonprofit organizations, major \n corporations, and Federal agencies that have joined together to \n launch a major new initiative to help ensure that America's \n underserved young people acquire the skills, experiences, and \n resources they need to succeed in the digital age.\n (9) Bringing PowerUp into the Boys and Girls Clubs of \n America will be an effective way to ensure that our youth have \n a safe, crime-free environment in which to learn the \n technological skills they need to close the divide between \n young people who have access to computer-based information and \n technology-related skills and those who do not.\n\nSEC. 3. AFTER-SCHOOL TECHNOLOGY GRANTS TO THE BOYS AND GIRLS CLUBS OF \n AMERICA.\n\n (a) Purposes.--The Attorney General shall make grants to the Boys \nand Girls Clubs of America for the purpose of funding effective after-\nschool technology programs, such as PowerUp, in order to provide--\n (1) constructive technology-focussed activities that are \n part of a comprehensive program to provide access to technology \n and technology training to youth during after-school hours, \n weekends, and school vacations;\n (2) supervised activities in safe environments for youth; \n and\n (3) full-time staffing with teachers, tutors, and other \n qualified personnel.\n (b) Subawards.--The Boys and Girls Clubs of America shall make \nsubawards to local boys and girls clubs authorizing expenditures \nassociated with providing technology programs such as PowerUp, \nincluding the hiring of teachers and other personnel, procurement of \ngoods and services, including computer equipment, or such other \npurposes as are approved by the Attorney General.\n\nSEC. 4. APPLICATIONS.\n\n (a) Eligibility.--In order to be eligible to receive a grant under \nthis Act, an applicant for a subaward (specified in section 3(b)) shall \nsubmit an application to the Boys and Girls Clubs of America, in such \nform and containing such information as the Attorney General may \nreasonably require.\n (b) Application Requirements.--Each application submitted in \naccordance with subsection (a) shall include--\n (1) a request for a subgrant to be used for the purposes of \n this Act;\n (2) a description of the communities to be served by the \n grant, including the nature of juvenile crime, violence, and \n drug use in the communities;\n (3) written assurances that Federal funds received under \n this Act will be used to supplement and not supplant, non-\n Federal funds that would otherwise be available for activities \n funded under this Act;\n (4) written assurances that all activities funded under \n this Act will be supervised by qualified adults;\n (5) a plan for assuring that program activities will take \n place in a secure environment that is free of crime and drugs;\n (6) a plan outlining the utilization of content-based \n programs such as PowerUp, and the provision of trained adult \n personnel to supervise the after-school technology training; \n and\n (7) any additional statistical or financial information \n that the Boys and Girls Clubs of America may reasonably \n require.\n\nSEC. 5. GRANT AWARDS.\n\n In awarding subgrants under this Act, the Boys and Girls Clubs of \nAmerica shall consider--\n (1) the ability of the applicant to provide the intended \n services;\n (2) the history and establishment of the applicant in \n providing youth activities; and\n (3) the extent to which services will be provided in crime-\n prone areas and technologically underserved populations, and \n efforts to achieve an equitable geographic distribution of the \n grant awards.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated \n$20,000,000 for each of the fiscal years 2001 through 2006 to carry out \nthis Act.\n (b) Source of Funds.--Funds to carry out this Act may be derived \nfrom the Violent Crime Reduction Trust Fund.\n (c) Continued Availability.--Amounts made available under this \nsection shall remain available until expended.","summary":"Directs the Boys and Girls Clubs of America to make sub-awards to local boys and girls clubs authorizing expenditures associated with providing technology programs, including the hiring of teachers and other personnel and the procurement of goods and services, including computer equipment. Sets forth provisions regarding grant eligibility, application requirements, and criteria for making grant awards. Authorizes appropriations. Allows funds to carry out this Act to be derived from the Violent Crime Reduction Trust Fund.","title":"Kids 2000 Act","text_len":5823,"sum_len":526} {"bill_id":"110_hr6410","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Legislative Automatic Spending \nHikes (SLASH) Act of 2008''.\n\n TITLE I--ELIMINATION OF INEFFECTIVE AGENCIES AND PROGRAMS\n\nSEC. 101. ANNUAL LIST OF AFFECTED AGENCIES AND PROGRAMS.\n\n Before October 1 of each calendar year, the Director of the Office \nof Management and Budget shall transmit to Congress a report containing \na list comprised of all agencies and programs that received ineffective \nratings under the most recent program assessment rating tool pursuant \nto the Government Performance and Results Act of 1993 (Public Law 103-\n62; 107 Stat. 285) or three consecutive annual adequate ratings under \nthat program assessment rating tool and the preceding two program \nassessment rating tools.\n\nSEC. 102. TERMINATION OF CERTAIN AGENCIES AND PROGRAMS.\n\n Sixty calendar days after the date upon which the Director of the \nOffice of Management and Budget transmits a report to Congress under \nsection 1, all agencies and programs named on such list shall terminate \nunless, before the end of such 60-day period, a statute has been \nenacted into law stating that all such agencies and programs shall not \nterminate.\n\nSEC. 103. TRANSITION PROVISIONS.\n\n Whenever any agency or program is terminated under this Act, all \norders, grants, contracts, and other determinations or actions of that \nagency or program that are effective as of the date before the date of \nsuch termination, shall be transferred by the Director of the Office of \nManagement and Budget to an appropriate agency and shall continue in \neffect according to their terms unless changed pursuant to law.\n\nSEC. 104. ESTIMATION OF SAVINGS.\n\n The Director of the Office of Management and Budget shall annually \nestimate the dollar amount of savings to the Government from the \noperation of this title for each calendar year and shall annually \nreport such dollar amount to the Secretary of the Treasury.\n\n TITLE II--REBATES TO TAXPAYERS\n\nSEC. 201. REBATE OF SAVINGS TO TAXPAYERS.\n\n (a) In General.--Subchapter B of chapter 65 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new section:\n\n``SEC. 6431. PROGRAM ELIMINATION REBATES.\n\n ``(a) In General.--In the case of an eligible taxpayer, there shall \nbe allowed as a credit against the tax imposed by subtitle A for the \nfirst taxable year beginning in any calendar year an amount equal to \nthe program elimination rebate amount determined by the Secretary for \nsuch calendar year.\n ``(b) Program Elimination Rebate Amount.--For purposes of this \nsection, the term `program elimination rebate amount' means, with \nrespect to any calendar year, the amount that the Secretary estimates \nwill result in a reduction in revenue to the Government equal to the \ndollar amount of estimated savings reported to the Secretary by the \nDirector of the Office of Management and Budget under section 104 of \nthe Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 for \nthe preceding calendar year.\n ``(c) Eligible Taxpayer.--For purposes of this section,\n ``(1) In general.--The term `eligible taxpayer' means any \n eligible individual if such taxpayer--\n ``(A) has qualifying income of at least $3,000, or\n ``(B) has--\n ``(i) net income tax liability which is \n greater than zero, and\n ``(ii) gross income which is greater than \n the sum of the basic standard deduction plus \n the exemption amount (twice the exemption \n amount in the case of a joint return).\n ``(2) Eligible individual.--The term `eligible individual' \n means any individual other than--\n ``(A) any nonresident alien individual,\n ``(B) any individual with respect to whom a \n deduction under section 151 is allowable to another \n taxpayer for a taxable year beginning in the calendar \n year in which the individual's taxable year begins, and\n ``(C) an estate or trust.\n ``(3) Qualifying income.--The term `qualifying income' \n means--\n ``(A) earned income,\n ``(B) Social Security benefits (within the meaning \n of section 86(d)), and\n ``(C) any compensation or pension received under \n chapter 11, chapter 13, or chapter 15 of title 38, \n United States Code.\n ``(4) Net income tax liability.--The term `net income tax \n liability' means the excess of--\n ``(A) the sum of the taxpayer's regular tax \n liability (within the meaning of section 26(b)) and the \n tax imposed by section 55 for the taxable year, over\n ``(B) the credits allowed by part IV (other than \n section 24 and subpart C thereof) of subchapter A of \n chapter 1.\n ``(d) Treatment of Credit.--The credit allowed by subsection (a) \nshall be treated as allowed by subpart C of part IV of subchapter A of \nchapter 1.\n ``(e) Coordination With Advance Refunds of Credit.--\n ``(1) In general.--The amount of credit which would (but \n for this paragraph) be allowable under this section for any \n taxable year shall be reduced (but not below zero) by the \n aggregate refunds and credits made or allowed to the taxpayer \n under subsection (f) with respect to such amount for the \n preceding taxable year. Any failure to so reduce the credit \n shall be treated as arising out of a mathematical or clerical \n error and assessed according to section 6213(b)(1).\n ``(2) Joint returns.--In the case of a refund or credit \n made or allowed under subsection (f) with respect to a joint \n return, half of such refund or credit shall be treated as \n having been made or allowed to each individual filing such \n return.\n ``(f) Advance Refunds and Credits.--\n ``(1) In general.--Each individual who was an eligible \n individual for the taxable year preceding any taxable year to \n which subsection (a) applies shall be treated as having made a \n payment against the tax imposed by chapter 1 for such preceding \n taxable year in an amount equal to the program elimination \n refund amount determined for the taxable year to which \n subsection (a) applies.\n ``(2) Timing of payments.--The Secretary shall, subject to \n the provisions of this title, refund or credit any overpayment \n attributable to this subsection as rapidly as possible. No \n refund or credit shall be made or allowed under this subsection \n with respect to any taxable year beginning in a calendar year \n after December 31 of the following calendar year.\n ``(3) No interest.--No interest shall be allowed on any \n overpayment attributable to this subsection.\n ``(g) Identification Number Requirement.--\n ``(1) In general.--No credit shall be allowed under \n subsection (a) to an eligible individual who does not include \n on the return of tax for the taxable year--\n ``(A) such individual's valid identification \n number, and\n ``(B) in the case of a joint return, the valid \n identification number of such individual's spouse,\n ``(2) Valid identification number.--For purposes of \n paragraph (1), the term `valid identification number' means a \n Social Security number issued to an individual by the Social \n Security Administration. Such term shall not include a TIN \n issued by the Internal Revenue Service.''.\n (b) Administrative Provisions.--\n (1) Definition of deficiency.--Section 6211(b)(4)(A) of the \n Internal Revenue Code of 1986 is amended by striking ``and \n 6428'' and inserting ``6428 and 6431''.\n (2) Mathematical or clerical error authority.--Section \n 6213(g)(2)(L) of such Code is amended by striking ``or 6428'' \n and inserting ``6428, or 6431''.\n (c) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by striking ``or 6428'' inserting \n ``6428, or 6431''.\n (2) The table of section for subchapter B of chapter 65 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new item:\n\n``Sec. 6431. Program elimination rebates.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 - Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress on all agencies and programs that received ineffective ratings or three consecutive annual adequate ratings under the Government Performance and Results Act of 1993. (2) the termination of such agencies and programs unless continued by statute. (3) the transfer of the functions of such terminated agencies and programs to other appropriate agencies. And (4) an annual OMB estimate of the savings under this Act. Amends the Internal Revenue Code to grant tax rebates to individual taxpayers from the amounts saved by the termination of ineffective agencies and programs under this Act.","title":"To provide for the elimination of agencies and programs which receive ineffective ratings or three consecutive adequate ratings under the Government Performance and Results Act of 1993 and to amend the Internal Revenue Code of 1986 to rebate the savings from such eliminations to the taxpayers.","text_len":8948,"sum_len":743} {"bill_id":"107_s3138","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hibben Center for Archaeological \nResearch Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) when the Chaco Culture National Historical Park was \n established in 1907 as the Chaco Canyon National Monument, the \n University of New Mexico owned a significant portion of the \n land located within the boundaries of the Park;\n (2) during the period from the 1920's to 1947, the \n University of New Mexico conducted archaeological research in \n the Chaco Culture National Historical Park;\n (3) in 1949, the University of New Mexico--\n (A) conveyed to the United States all right, title, \n and interest of the University in and to the land in \n the Park; and\n (B) entered into a memorandum of agreement with the \n National Park Service establishing a research \n partnership with the Park;\n (4) since 1971, the Chaco Culture National Historical Park, \n through memoranda of understanding and cooperative agreements \n with the University of New Mexico, has maintained a research \n museum collection and archive at the University;\n (5) both the Park and the University have large, \n significant archaeological research collections stored at the \n University in multiple, inadequate, inaccessible, and cramped \n repositories; and\n (6) insufficient storage at the University makes research \n on and management, preservation, and conservation of the \n archaeological research collections difficult.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Hibben center.--The term ``Hibben Center'' means the \n Hibben Center for Archaeological Research to be constructed at \n the University under section 4(a).\n (2) Park.--The term ``Park'' means the Chaco Culture \n National Historical Park in the State of New Mexico.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) Tenant improvement.--The term ``tenant improvement'' \n includes--\n (A) finishing the interior portion of the Hibben \n Center leased by the National Park Service under \n section 4(c)(1); and\n (B) installing in that portion of the Hibben \n Center--\n (i) permanent fixtures; and\n (ii) portable storage units and other \n removable objects.\n (5) University.--The term ``University'' means the \n University of New Mexico.\n\nSEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH.\n\n (a) Establishment.--The Secretary may, in cooperation with the \nUniversity, construct and occupy a portion of the Hibben Center for \nArchaeological Research at the University.\n (b) Grants.--\n (1) In general.--The Secretary may provide to the \n University a grant to pay the Federal share of the construction \n and related costs for the Hibben Center under paragraph (2).\n (2) Federal share.--The Federal share of the construction \n and related costs for the Hibben Center shall be 37 percent.\n (3) Limitation.--Amounts provided under paragraph (1) shall \n not be used to pay any costs to design, construct, and furnish \n the tenant improvements under subsection (c)(2).\n (c) Lease.--\n (1) In general.--Before funds made available under section \n 5 may be expended for construction costs under subsection \n (b)(1) or for the costs for tenant improvements under paragraph \n (2), the University shall offer to enter into a long-term lease \n with the United States that--\n (A) provides to the National Park Service space in \n the Hibben Center for storage, research, and offices; \n and\n (B) is acceptable to the Secretary.\n (2) Tenant improvements.--The Secretary may design, \n construct, and furnish tenant improvements for, and pay any \n moving costs relating to, the portion of the Hibben Center \n leased to the National Park Service under paragraph (1).\n (d) Cooperative Agreements.--To encourage collaborative management \nof the Chacoan archaeological objects associated with northwestern New \nMexico, the Secretary may enter into cooperative agreements with the \nUniversity, other units of the National Park System, other Federal \nagencies, and Indian tribes for--\n (1) the curation of and conduct of research on artifacts in \n the museum collection described in section 2(4); and\n (2) the development, use, management, and operation of the \n portion of the Hibben Center leased to the National Park \n Service under subsection (c)(1).\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated--\n (1) to pay the Federal share of the construction costs \n under section 4(b), $1,574,000; and\n (2) to pay the costs of carrying out section 4(c)(2), \n $2,198,000.\n (b) Availability.--Amounts made available under subsection (a) \nshall remain available until expended.\n (c) Reversion.--If the lease described in section 4(c)(1) is not \nexecuted by the date that is 2 years after the date of enactment of \nthis Act, any amounts made available under subsection (a) shall revert \nto the Treasury of the United States.","summary":"Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico. (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center. And (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS). Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices. And (2) is acceptable to the Secretary. Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University. And (2) the development, use, management, and operation of the portion of the Center leased to NPS.","title":"A bill to authorize the Secretary of the Interior, in cooperation with the University of New Mexico, to construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico, and for other purposes.","text_len":5697,"sum_len":1252} {"bill_id":"105_hr2673","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trigger Lock Act of 1997''.\n\nSEC. 2. CHILD SAFETY LOCKS FOR FIREARMS.\n\n (a) Civil Prohibitions.--\n (1) Prohibition against transfer of firearm without locking \n device attached.--\n (A) Prohibition.--Effective 12 months after the \n date of the enactment of this Act, it shall be unlawful \n for any person, in or affecting commerce, to transfer a \n firearm in the United States, unless a locking device \n is attached to, or is an integral part of, the firearm.\n (B) Penalties.--\n (i) Private transfers.--The Secretary shall \n impose a civil fine of $5,000 on any person, \n other than a licensed dealer or licensed \n manufacturer, who violates subparagraph (A).\n (ii) Transfers by federally licensed \n firearms dealers.--The Secretary shall impose a \n civil fine of $10,000 on any licensed dealer \n who violates subparagraph (A), and shall \n suspend or revoke any license issued under \n chapter 44 of title 18, United States Code, to \nthe dealer.\n (iii) Transfers by federally licensed \n firearms manufacturers.--The Secretary shall \n impose a civil fine of $25,000 on any licensed \n manufacturer who violates subparagraph (A), and \n shall suspend or revoke any license issued \n under chapter 44 of title 18, United States \n Code, to the manufacturer.\n (2) Prohibition against manufacture of handgun without \n locking device attached.--\n (A) Prohibition.--Effective 18 months after the \n date of the enactment of this Act, it shall be unlawful \n for any person, in or affecting commerce, to \n manufacture a handgun in the United States, unless a \n locking device that meets the minimum quality standards \n prescribed under subsection (e) is attached to, or is \n an integral part of, the firearm.\n (B) Penalties.--The Secretary shall impose a civil \n fine of $25,000 on any person who violates subparagraph \n (A), and shall suspend or revoke any license issued \n under chapter 44 of title 18, United States Code, to \n the manufacturer.\n (3) Prohibition against transfer of firearm by licensee \n without notice and warning.--\n (A) Prohibition.--Effective 60 days after the date \n of the enactment of this Act, it shall be unlawful for \n any licensed importer, licensed manufacturer, or \n licensed dealer to transfer a handgun that is not \n accompanied by the following, which shall be printed in \n \\3\/4\\-inch type:\n ``THE USE OF A LOCKING BOX OR LOCKING DEVICE PLACED ON THE TRIGGER \nGUARD OF A FIREARM IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. \nFIREARMS AND THEIR AMMUNITION SHOULD BE STORED AND SECURED IN A \nLOCATION THAT IS INACCESSIBLE TO CHILDREN.\n ``IF MISUSED, HANDGUNS CAN RESULT IN UNINTENTIONAL INJURY OR LOSS \nOF LIFE. TRIGGER LOCKS LOWER THE RISK OF UNINTENTIONAL DISCHARGE, \nHOWEVER TRIGGER LOCKS DO NOT TOTALLY ELIMINATE THE RISK.\n ``FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN \nCIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE \nPOSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.''.\n (B) Penalties.--\n (i) Transfers by federally licensed \n firearms dealers or importers.--The Secretary \n shall impose a civil fine of $10,000 on any \n licensed dealer or licensed importer who \n violates subparagraph (A), and shall suspend or \n revoke any license issued under chapter 44 of \n title 18, United States Code, to the dealer or \n importer.\n (ii) Transfers by federally licensed \n firearms manufacturers.--The Secretary shall \n impose a civil fine of $5,000 on any licensed \n manufacturer who violates subparagraph (A), and \n shall suspend or revoke any license issued \n under chapter 44 of title 18, United States \n Code, to the manufacturer.\n (4) Inapplicability to governmental entities.--Paragraphs \n (1), (2), and (3) shall not apply to conduct of, or authorized \n by, the United States or any department or agency thereof, or \n any State or any department, agency, or political subdivision \n thereof.\n (5) Judicial review.--Not later than 60 days after an \n individual receives notice from the Secretary of a decision to \n impose a fine on, or suspend or revoke a license of, the \n individual under this subsection, the individual may bring an \n action against the Secretary in any United States district \n court for de novo review of the decision.\n (b) Criminal Prohibition Against Adult Leaving Firearm and \nAmmunition With an Unsupervised Minor.--\n (1) Prohibition.--Section 922 of title 18, United States \n Code, is amended by inserting after subsection (x) the \n following:\n ``(y)(1) It shall be unlawful for an adult to leave a loaded \nfirearm, or an unloaded firearm and ammunition for the firearm, with a \nminor, unless the possession of the firearm by the minor is supervised \nby an adult who is not prohibited by Federal, State, or local law from \npossessing a firearm.\n ``(2) As used in paragraph (1):\n ``(A) The term `adult' means an individual who has attained \n 18 years of age.\n ``(B) The term `minor' means an individual who has not \n attained 18 years of age.''.\n (2) Penalties.--Section 924(a) of such title is amended by \n adding at the end the following:\n ``(7) Whoever knowingly violates section 922(y) shall, \nnotwithstanding section 3571, be fined not more than $10,000, \nimprisoned not more than 1 year, or both.''.\n (c) Studies.--\n (1) Standards for Locking Devices.--\n (A) In general.--The National Institute of Justice \n and the Consumer Product Safety Commission shall each \n conduct a study to determine the feasibility of \n developing minimum quality standards for locking \n devices.\n (B) Report.--Not later than 90 days after the date \n of the enactment of this Act, the National Institute of \n Justice and the Consumer Product Safety Commission \n shall each submit to the Attorney General and the \n Secretary of the Treasury a report that includes the \n results of the study required of the entity by \n subparagraph (A) and any recommendations for \n legislative or regulatory action.\n (2) Results of this section.--\n (A) In general.--The Director of the Centers for \n Disease Control shall conduct a study on the results of \n this section.\n (B) Report.--Not later than 18 months after the \n date of the enactment of this Act, the Director of the \n Centers for Disease Control and Prevention shall submit \n to the Attorney General and the Secretary of the \n Treasury a report that contains the findings of the \n study required by subparagraph (A).\n (d) Educational Programs.--For public service announcements and \ncounter advertisements designed to educate the public on the proper \nstorage of firearms, not more than $1,000,000 are authorized to be \nappropriated for fiscal year 1998 to each of the Attorney General and \nthe Secretary of Health and Human Services, who shall coordinate their \nexpenditure of the sums appropriated pursuant to this subsection, and \nthe sums are authorized to remain available until expended.\n (e) Regulations Governing Manufacture of Locking Devices.--Within 6 \nmonths after the date of the enactment of this Act, the Secretary shall \nissue final regulations which prescribe minimum quality standards for \nlocking devices.\n (f) Definitions.--As used in this section:\n (1) Locking device.--The term ``locking device'' means a \n device that--\n (A) when installed and secured (with a key, \n electronic code, or electro-mechanically operated \n combination lock) on the trigger guard of a firearm, \n and while activated, prevents the firearm from being \n discharged; or\n (B) is incorporated into the design of, and is an \n integral part of, a handgun, and while activated, \n prevents the handgun from being discharged.\n (2) Other terms.--The terms ``State'', ``firearm'', \n ``handgun'', ``dealer'', ``licensed dealer'', ``manufacturer'', \n ``licensed manufacturer'', ``importer'', ``licensed importer'', \n and ``Secretary'' shall have the meanings given such terms in \n section 921(a) of title 18, United States Code.","summary":"Trigger Lock Act of 1997 - Prohibits the transfer of a firearm in the United States, in or affecting commerce, unless a locking device is attached to, or is an integral part of, the firearm. Sets penalties for private transfers and transfers by federally licensed firearms dealers and manufacturers. Prohibits and sets penalties for: (1) the manufacture of a handgun in the United States, in or affecting commerce, unless a locking device that meets specified minimum quality standards is attached to, or is an integral part of, the firearm. (2) the transfer by any licensed importer, manufacturer, or dealer of a handgun that is not accompanied by a specified printed message regarding firearm safety and storage. And (3) leaving a loaded firearm, or an unloaded firearm and ammunition, with a minor unless the possession by the minor is supervised by an adult who is not prohibited from possessing a firearm. Directs the National Institute of Justice and the Consumer Product Safety Commission to each study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices. Requires: (1) the Director of the Centers for Disease Control and Prevention to conduct a study on the results of this Act and report to the Attorney General and the Secretary. And (2) the Secretary to issue final regulations which prescribe minimum quality standards for locking devices. Authorizes appropriations for FY 1998 to the Attorney General and the Secretary of Health and Human Services who shall coordinate their expenditures for public service announcements and counter advertisements to educate the public on proper firearm storage.","title":"Trigger Lock Act of 1997","text_len":9863,"sum_len":1705} {"bill_id":"104_hr2503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bank Insurance Regulation Act of \n1995''.\n\nSEC. 2. AUTHORITY OF THE COMPTROLLER OF THE CURRENCY.\n\n (a) State Supervision.--Chapter 1 of Title LXII of the Revised \nStatutes of the United States (12 U.S.C. 21 et seq.) is amended--\n (1) by redesignating section 5136A as section 5136B; and\n (2) by inserting after section 5136 (12 U.S.C. 24) the \n following new section:\n\n``SEC. 5136A. STATE SUPERVISION OF INSURANCE.\n\n ``(a) State Licensing of Insurance Activities.--\n ``(1) In general.--Subject to paragraph (2), no provision \n of section 5136, any other section of this title, or section 13 \n of the Federal Reserve Act may be construed as limiting or \n otherwise impairing the authority of any State to regulate--\n ``(A) the extent to which, and the manner in which, \n a national bank may engage within the State in \n insurance activities pursuant to section 13 of the \n Federal Reserve Act;\n ``(B) the manner in which a national bank may \n engage within the State in insurance activities \n pursuant to section 5136(b)(2)(B) of the Revised \n Statutes of the United States; or\n ``(C) the manner in which a national bank may \n engage within the State in insurance activities \n pursuant to section 5136(b)(2)(A) of the Revised \n Statutes of the United States through, and limited to, \n consumer disclosure requirements or licensing \n requirements, procedures, and qualifications as \n described in paragraph (2)(C).\n ``(2) Prohibition on state discrimination against national \n banks.--Notwithstanding paragraph (1)--\n ``(A) Providing insurance as agent or broker.--No \n State may impose any insurance regulatory requirement \n relating to providing insurance as an agent or broker \n that treats a national bank differently than all other \n persons who are authorized to provide insurance as \n agents or brokers in such State, unless there is a \n legitimate and reasonable State regulatory purpose for \n the requirement for which there is no less restrictive \n alternative.\n ``(B) Providing insurance as principal, agent, or \n broker.--\n ``(i) No State may impose on a national \n bank any insurance regulatory requirement \n relating to providing insurance as principal, \n agent, or broker that treats the national bank \n more restrictively than any other depository \n institution (as defined in section 3(c)(1) of \n the Federal Deposit Insurance Act) operating in \n the State.\n ``(ii) Nothing in this subparagraph shall \n affect the validity of a State law that--\n ``(I) prevents a national bank from \n engaging in insurance activities within \n the State to as great an extent as a \n savings association (as defined in \n section 3(b)(1) of the Federal Deposit \n Insurance Act) may engage in such \n activities within the State; and\n ``(II) was in effect on June 1, \n 1995.\n ``(C) Licensing qualifications and procedures.--No \n State may discriminate against a national bank with \n respect to the following requirements, procedures, and \n qualifications as such requirements, procedures, and \n qualifications relate to the authority of the national \n bank to provide insurance in such State as an agent or \n broker:\n ``(i) License application and processing \n procedures.\n ``(ii) Character, experience, and \n educational qualifications for licenses.\n ``(iii) Testing and examination \n requirements for licenses.\n ``(iv) Fee requirements for licenses.\n ``(v) Continuing education requirements.\n ``(vi) Types of licenses required.\n ``(vii) Standards and requirements for \n renewal of licenses.\n ``(b) Authority of the Comptroller of the Currency.--A national \nbank may not provide insurance as a principal, agent, or broker except \nas specifically provided in this section, the paragraph designated as \nthe `Seventh' of section 5136(a) of this chapter, or section 5136(b) of \nthis chapter, or section 13 of the Federal Reserve Act.\n ``(c) Preservation of Federally Authorized Bank Activities in \nPermissive States.--No provision of this section may be construed as \naffecting the authority, pursuant to section 13 of the Federal Reserve \nAct, of a national bank to act as insurance agent or broker consistent \nwith State law.\n ``(d) Preservation of National Bank Authority Consistent With State \nBank Authority.--Except as provided in subsection (a)(2)(B), no \nprovision of this section or section 5136(b)(1) shall have the effect \nof enabling a State to deny a national bank authority that the bank \notherwise possesses to provide a product in a State, including as \nagent, broker, or principal, where the bank is not providing the \nproduct in the State other than to an extent and in a manner that a \nState bank (as defined in section 3(a)(2) of the Federal Deposit \nInsurance Act) is permitted by the law of the State to provide such \nproduct, except that nothing in this subsection shall be construed as \ngranting any new authority to a national bank to provide any product \nbecause the law of the State has authorized State banks to provide such \nproduct.\n ``(e) Definitions.--For purposes of this section, section 5136, and \nsection 13 of the Federal Reserve Act, the following definitions shall \napply:\n ``(1) Insurance.--The term `insurance' means any product \n defined or regulated as insurance, consistent with the relevant \n State insurance law, by the insurance regulatory authority of \n the State in which such product is sold, solicited, or \n underwritten, including any annuity contract the income on \n which is tax deferred under section 72 of the Internal Revenue \n Code of 1986.\n ``(2) State.--The term `State' has the same meaning as in \n section 3(a)(3) of the Federal Deposit Insurance Act.\n ``(f) Grandfather Provision.--\n ``(1) In general.--Any national bank which, before January \n 1, 1995, was providing insurance as agent or broker under \n section 13 of the Federal Reserve Act may provide insurance as \n an agent or broker under such section, to no less extent and in \n a no more restrictive manner as such bank was providing \n insurance as agent or broker under such section on January 1, \n 1995, notwithstanding contrary State law, subject to final, \n controlling judgment in a pending action.\n ``(2) Termination.--This subsection shall cease to apply \n with respect to any national bank described in paragraph (1) \n if--\n ``(A) the bank is subject to an acquisition, \n merger, consolidation, or change in control, other than \n a transaction to which section 18(c)(12) of the Federal \n Deposit Insurance Act applies; or\n ``(B) any bank holding company which directly or \n indirectly controls such bank is subject to an \n acquisition, merger, consolidation, or change in \n control, other than a transaction in which the \n beneficial ownership of such bank holding company or of \n a bank holding company which controls such company does \n not change as a result of the transaction.''.\n (b) Interpretive Authority of the Comptroller of the Currency.--\nSection 5136 of the Revised Statutes of the United States (12 U.S.C. \n24) is amended--\n (1) by striking ``Upon duly making and filing articles of \n association'' and inserting ``(a) In General.--Upon duly making \n and filing articles of association''; and\n (2) by adding at the end the following new subsection:\n ``(b) Interpretive Authority of the Comptroller of the Currency.--\n ``(1) In general.--Subject to paragraph (2), it shall not \n be incidental to banking for a national bank to provide \n insurance as a principal, agent, or broker.\n ``(2) Scope of application.--Notwithstanding paragraph (1), \n it shall be incidental to banking for a national bank to engage \n in the following activities:\n ``(A) Providing, as an agent or broker, any annuity \n contract the income on which is tax deferred under \n section 72 of the Internal Revenue Code of 1986.\n ``(B) Providing, as a principal, agent, or broker, \n any type of insurance, other than an annuity or title \n insurance, which the Comptroller of the Currency \n specifically determined, before May 1, 1995, to be \n incidental to banking with respect to national \n banks.''.\n (c) Technical and Conforming Amendments.--\n (1) The 11th undesignated paragraph of section 13 of the \n Federal Reserve Act (12 U.S.C. 92) is amended by inserting ``, \n and subject to section 5136A of the Revised Statutes of the \n United States,'' after ``the laws of the United States''.\n (2) The paragraph designated the ``Seventh'' of section \n 5136 of the Revised Statutes of the United States (12 U.S.C. \n 24) is amended by striking ``subject to law,'' and inserting \n ``subject to subsection (b), section 5136A, and any other \n provision of law,''.\n (3) Section 1306 of title 18, United States Code, is \n amended by striking ``5136A'' and inserting ``5136B''.\n (d) Clerical Amendment.--The table of sections for chapter 1 of \ntitle LXII of the Revised Statutes of the United States is amended--\n (1) by redesignating the item relating to section 5136A as \n section 5136B; and\n (2) by inserting after the item relating to section 5136 \n the following new item:\n\n``5136A. State supervision of insurance.''.\n (e) Preservation of Bank Holding Company Insurance Authority.--No \nprovision of this section, and no amendment made by this section to any \nother provision of law, may be construed as affecting the authority of \na bank holding company to engage in insurance agency activity pursuant \nto section 4(c) of the Bank Holding Company Act of 1956.","summary":"Bank Insurance Regulation Act of 1995 - Amends Federal banking law to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State. Proscribes State discrimination against national banks: (1) in their functions of providing insurance as principal, agent or broker. Or (2) with respect to licensing qualifications and procedures. Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters. States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law. States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide. Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker . Declares to be incidental to banking : (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible. And (2) bank provision, as a principal, agent, or broker, of any type of insurance specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks. Preserves the authority of a bank holding company to engage in insurance agency activities.","title":"Bank Insurance Regulation Act of 1995","text_len":11536,"sum_len":1520} {"bill_id":"105_s1993","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Home Health Equity Act of \n1998''.\n\nSEC. 2. REVISION OF HOME HEALTH INTERIM PAYMENT FORMULA.\n\n (a) Restoration of Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of \nthe Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by \nsection 4602 of the Balanced Budget Act of 1997) is amended--\n (1) by striking ``105 percent'' and inserting ``112 \n percent''; and\n (2) by striking ``median'' and inserting ``mean''.\n (b) Change in Additions to Cost Limits.--Section 1861(v)(1)(L)(v) \nof the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) (as added by \nsection 4602 of the Balanced Budget Act of 1997) is amended to read as \nfollows:\n ``(v)(I) For services furnished by home health agencies for cost \nreporting periods beginning on or after October 1, 1997, the Secretary \nshall provide for an interim system of limits. Payment shall not exceed \nthe costs determined under the preceding provisions of this \nsubparagraph or, if lower, the product of--\n ``(aa) an agency-specific per beneficiary annual limitation \n calculated based 75 percent on the reasonable costs (including \n nonroutine medical supplies) of the standardized national \n average cost per patient in calendar year 1994, or best \n estimate thereof, (as published in the Health Care Financing \n Review Medicare and Medicaid 1997 Statistical Supplement) and \n based 25 percent on the reasonable costs (including nonroutine \n medical supplies) of the standardized regional average cost per \n patient for the agency's census division in calendar year 1995 \n (as so published), such national and regional costs updated by \n the home health market basket index and adjusted pursuant to \n clause (II); and\n ``(bb) the agency's unduplicated census count of patients \n (entitled to benefits under this title) for the cost reporting \n period subject to the limitation.\n ``(II) The labor-related portion of the updated national and \nregional costs described in subclause (I)(aa) shall be adjusted by the \narea wage index applicable under section 1886(d)(3)(E) for the area in \nwhich the agency is located (as determined without regard to any \nreclassification of the area under section 1886(d)(8)(B) or a decision \nof the Medicare Geographic Classification Review Board or the Secretary \nunder section 1886(d)(10) for cost reporting periods beginning after \nOctober 1, 1995).''.\n (c) Conforming Amendments.--\n (1) Section 1861(v)(1)(L)(vi) of the Social Security Act \n (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602 of the \n Balanced Budget Act of 1997) is amended to read as follows:\n ``(vi) In any case in which the Secretary determines that \nbeneficiaries use services furnished by more than 1 home health agency \nfor purposes of circumventing the per beneficiary annual limitation in \nclause (v), the per beneficiary limitations shall be prorated among the \nagencies.''.\n (2) Section 1861(v)(1)(L)(vii)(I) of the Social Security \n Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) (as added by section \n 4602 of the Balanced Budget Act of 1997) is amended by striking \n ``clause (v)(I)'' and inserting ``clause (v)(I)(aa)''.\n (d) Effective Date.--The amendments made by this section shall \napply as if included in the enactment of the Balanced Budget Act of \n1997.\n\nSEC. 3. CBO ESTIMATE OF HOME HEALTH PAYMENT SAVINGS.\n\n (a) Estimate.--Not later than 60 days after the date of enactment \nof this Act, and annually thereafter until the prospective payment \nsystem for home health agencies established by section 1895 of the \nSocial Security Act (42 U.S.C. 1395fff) is in effect, the Director of \nthe Congressional Budget Office (referred to in this section as the \n``Director'') shall estimate the amount of savings to the Medicare \nprogram under title XVIII of such Act (42 U.S.C. 1395 et seq.) \nresulting from the interim payment system for home health services \nestablished by the amendments to section 1861 of such Act (42 U.S.C. \n1395x) made by section 4602 of the Balanced Budget Act of 1997.\n (b) Certification.--If the Director determines that the amount \nestimated under subsection (a) exceeds the amount of savings to the \nMedicare program that the Director estimated immediately prior to the \nenactment of the Balanced Budget Act of 1997 by reason of such interim \npayment system, then the Director shall certify such excess to the \nSecretary of Health and Human Services (referred to in this subsection \nas the ``Secretary'').\n (c) Adjustment.--\n (1) In general.--If the Director certifies an amount to the \n Secretary pursuant to subsection (b), the Secretary shall \n prescribe rules under which appropriate adjustments are made to \n the amount of payments to home health agencies otherwise made \n under subparagraph (L) of section 1861(v)(1) of the Social \n Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section \n 4602 of the Balanced Budget Act of 1997) in the case of \n outliers--\n (A) where events beyond the home health agency's \n control or extraordinary circumstances, including the \n case mix of such agency, create reasonable costs for a \n payment year which exceed the applicable payment \n limits; or\n (B) in any case not described in subparagraph (A) \n where the Secretary deems such an adjustment \n appropriate.\n (2) Amount.--The total amount of adjustments made under \n paragraph (2) for a year may not exceed the amount certified to \n the Secretary pursuant to subsection (b) for such year. To the \n extent that such adjustments in a year would otherwise exceed \n the amount certified to the Secretary pursuant to subsection \n (b) for such year, the Secretary shall reduce the payments to \n home health agencies in a pro rata manner so that the \n adjustments do not exceed such amount.","summary":"Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean with regard to payments to home health agencies under Medicare. And (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits. Or (2) in any other case where the Secretary deems such an adjustment appropriate.","title":"Medicare Home Health Equity Act of 1998","text_len":6227,"sum_len":1375} {"bill_id":"113_s2418","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Bankruptcy \nFairness and Employee Benefits Protection Act of 2014''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title.\n TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES\n\nSec. 101. Prohibition of unfair reductions to employee and retiree \n benefits.\nSec. 102. Payment of insurance benefits to retirees.\nSec. 103. Fair treatment of compensation.\nSec. 104. Venue; change of venue.\nSec. 105. Protection of benefits in chapter 9 bankruptcy.\nSec. 106. Requirement to make pension contributions.\n TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS\n\nSec. 201. Notification of extent to which health benefits can be \n modified or terminated.\nSec. 202. Protection of retirees under certain collectively bargained \n agreements.\nSec. 203. Comptroller General report.\n\n TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES\n\nSEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE \n BENEFITS.\n\n (a) Collective Bargaining Agreements.--Section 1113 of title 11, \nUnited States Code, is amended--\n (1) in subsection (b)--\n (A) in paragraph (1)(A), by striking ``necessary \n modifications in the employees benefits and protections \n that are necessary to permit the reorganization of the \n debtor'' and insert ``minimum modifications in the \n employees benefits and protections that are necessary \n to prevent the liquidation of the debtor''; and\n (B) by adding at the end the following:\n ``(3)(A) If the proposal made under paragraph (1) provides \n for a modification of the health insurance benefits of \n employees of the debtor, the proposal shall provide for a \n modification of the health insurance benefits of officers and \n directors of the debtor--\n ``(i) to, at a minimum, be comparable to the \n modification of health insurance benefits of employees \n of the debtor; and\n ``(ii) such that the health insurance benefits of \n officers and directors are not more generous than those \n of employees of the debtor.\n ``(B) If the proposal made under paragraph (1) provides for \n a modification of any benefit of employees of the debtor other \n than health insurance benefits, including wages and pension \n benefits, the proposal shall provide for a modification of such \n benefit of officers and directors of the debtor that is, at a \n minimum, in an amount equal to the percentage by which such \n benefit of employees of the debtor was modified.'';\n (2) in subsection (c)--\n (A) in paragraph (1), by striking ``subsection \n (b)(1)'' and inserting ``paragraphs (1) and (3) of \n subsection (b)'';\n (B) by redesignating paragraphs (2) and (3) as \n paragraphs (3) and (4), respectively; and\n (C) by inserting after paragraph (1) the following:\n ``(2) the debtor established by clear and convincing \n evidence that any modification of the benefits and protections \n of an employee of the debtor proposed under subsection (b)(1) \n is the minimum modification necessary to prevent the \n liquidation of the debtor;''; and\n (3) by adding at the end the following:\n ``(g) The rejection of a collective bargaining agreement under this \nsection constitutes a breach of the agreement, and shall entitle \nemployees of the debtor to a claim for damages.''.\n (b) Health Insurance Benefits of Retired Employees.--Section 1114 \nof title 11, United States Code, is amended--\n (1) in subsection (f)--\n (A) in paragraph (1)(A), by striking ``necessary \n modifications in the retiree benefits that are \n necessary to permit the reorganization of the debtor'' \n and insert ``minimum modifications in the retiree \n benefits that are necessary to prevent the liquidation \n of the debtor''; and\n (B) by adding at the end the following:\n ``(3) If the proposal made under paragraph (1) provides for a \nmodification of the health insurance benefits of retired employees of \nthe debtor, the proposal shall provide for a modification of the health \ninsurance benefits of officers and directors of the debtor--\n ``(A) to, at a minimum, be comparable to the modification \n of health insurance benefits of retired employees of the \n debtor; and\n ``(B) such that the health insurance benefits of officers \n and directors are not more generous than those of retired \n employees of the debtor.''; and\n (2) in subsection (g)(3), by striking ``necessary to permit \n the reorganization of the debtor'' and insert ``the minimum \n modification necessary to prevent the liquidation of the \n debtor''.\n\nSEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES.\n\n (a) In General.--Section 1114(j) of title 11, United States Code, \nis amended to read as follows:\n ``(j)(1) No claim for retiree benefits shall be limited by section \n502(b)(7).\n ``(2)(A) A retired employee whose retiree benefits are modified \nunder subsection (e)(1) or (g) shall have a claim in an amount equal to \nthe value of the retiree benefits lost as a result of the modification, \nwhich shall be reduced by the amount paid by a debtor under \nsubparagraph (B).\n ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall \npay a retired employee with a claim under subparagraph (A)--\n ``(I) cash in an amount equal to the 2-year cost of \n premiums for continuation coverage (as defined in section 602 \n of the Employee Retirement Income Security Act of 1974 (29 \n U.S.C. 1162)) for the retired employee under section 602(3) of \n the Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1162(3)); or\n ``(II) if the retired employee is not eligible for \n continuation coverage, cash in an amount equal to the 2-year \n cost of premiums for a comparable health insurance plan offered \n through a State Exchange, Federally Facilitated Exchange, or \n Federal-State Partnership Exchange established under the \n Patient Protection and Affordable Care Act (42 U.S.C. 18001 et \n seq.).\n ``(ii) Notwithstanding clause (i), if the court determines it to be \nin the interest of fairness and equity, the court may require a debtor \nto pay a retired employee with a claim under subparagraph (A) cash in \nan amount equal to the cost of premiums for continuation coverage under \nclause (i)(I) or for a comparable health insurance plan under clause \n(i)(II) for a period of more than 2 years.\n ``(iii) The amount paid by a debtor under this subparagraph shall \nnot exceed the amount of the claim under subparagraph (A).\n ``(C) Any amount of the claim under subparagraph (A) that is not \npaid under subparagraph (B) shall be a general unsecured claim.''.\n (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United \nStates Code, is amended to read as follows:\n ``(13) The plan provides--\n ``(A) for the continuation, after the effective \n date of the plan, of the payment of all retiree \n benefits (as defined in section 1114(a)), at the level \n established pursuant to subsection (e)(1) or (g) of \n section 1114, at any time before the confirmation of \n the plan, for the duration of the period the debtor has \n obligated itself to provide such benefits; and\n ``(B) that the holder of a claim under section \n 1114(j)(2)(A) shall receive from the debtor, on the \n effective date of the plan, cash equal to the amount \n calculated under section 1114(j)(2)(B).''.\n\nSEC. 103. FAIR TREATMENT OF COMPENSATION.\n\n (a) Prohibition of Bonus Payments.--Section 503(c) of title 11, \nUnited States Code, is amended--\n (1) in paragraph (2)(B), by striking ``or'' at the end;\n (2) by redesignating paragraph (3) as paragraph (4); and\n (3) by inserting after paragraph (2) the following:\n ``(3) a bonus payment to an insider of the debtor, \n including an incentive-based bonus payment; or''.\n (b) Increased Priority Claim Amount for Employee Wages and \nBenefits.--Section 507(a) of title 11, United States Code, is amended--\n (1) in paragraph (4)--\n (A) by striking ``$10,000'' and inserting \n ``$25,000''; and\n (B) by striking ``180 days'' and inserting ``1 \n year''; and\n (2) in paragraph (5)--\n (A) in subparagraph (A), by striking ``180 days'' \n and inserting ``1 year''; and\n (B) in subparagraph (B)(i), by striking ``$10,000'' \n and inserting ``$25,000''.\n (c) Recovery of Excess Compensation.--Section 547 of title 11, \nUnited States Code, is amended by adding at the end the following:\n ``(j) The court, upon motion of a party in interest, may prohibit a \ntransfer of compensation made to an insider of the debtor within 1 year \nbefore the date on which the petition is filed if the court finds, \nafter notice and hearing, that the transfer--\n ``(1) was not made in the ordinary course of business; or\n ``(2) resulted in unjust enrichment.''.\n\nSEC. 104. VENUE; CHANGE OF VENUE.\n\n Chapter 87 of title 28, United States Code, is amended--\n (1) by amending section 1408 to read as follows:\n``Sec. 1408. Venue of cases under title 11\n ``Except as provided in section 1410, a case under title 11 shall \nbe commenced in the district court for the district in which the \nlargest share of employees, retired employees, physical assets, and \noperations of the person or entity that is the subject of the case were \nlocated in the year immediately preceding the commencement of the \ncase.''; and\n (2) in section 1412, by striking ``to a district court for \n another district'' and inserting ``to the district court for \n the district in which the principal place of business in the \n United States of the person or entity that is the subject of \n the case was located in the year immediately preceding the \n commencement of the case''.\n\nSEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY.\n\n Section 901(a) of title 11, United States Code, is amended--\n (1) by inserting ``507(a)(4), 507(a)(5),'' after \n ``507(a)(2)'';\n (2) by inserting ``1113, 1114,'' after ``1111(b)''; and\n (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''.\n\nSEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS.\n\n (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I \nof chapter 11 of title 11, United States Code, is amended by adding at \nthe end the following:\n``Sec. 1117. Duty of debtor in possession to make required pension \n contributions\n ``(a) Definitions.--In this section--\n ``(1) the term `pension plan' has the meaning given that \n term under section 3 of the Employee Retirement Income Security \n Act of 1974 (29 U.S.C. 1002); and\n ``(2) the term `required pension contributions' means \n contributions necessary to satisfy the minimum funding \n standards under sections 412 and 430 of the Internal Revenue \n Code of 1986 and sections 302 and 303 of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. 1082 and \n 1083), including any required installment contributions.\n ``(b) Requirement.--A debtor in possession that sponsors a pension \nplan or is a member of the controlled group with respect to such a \nplan, or the trustee of the debtor in possession, shall--\n ``(1) make all required pension contributions to the \n pension plan that become due after the filing of the petition; \n and\n ``(2) make such contributions on or before the due dates \n specified in section 430(j) of the Internal Revenue Code and \n section 303(j) of the Employee Retirement Income Security Act \n of 1974 (29 U.S.C. 1083(j)).''.\n (b) Treatment as Administrative Expenses.--Section 503(b) of title \n11, United States Code, is amended--\n (1) in paragraph (8)(B), by striking ``and'' at the end;\n (2) in paragraph (9), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(10) any required pension contributions under section \n 1117 due to be made after the filing of the petition that are \n unpaid.''.\n (c) Perfection of Statutory Liens for Missed Pension \nContributions.--Section 362(b) of title 11, United States Code, is \namended--\n (1) in paragraph (27), by striking ``and'' at the end;\n (2) in paragraph (28), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(29) under subsection (a), of any act to perfect, or to \n maintain or continue the perfection of, a statutory lien \n imposed by section 430(k) of the Internal Revenue Code of 1986 \n or section 303(k) of the Employee Retirement Income Security \n Act (29 U.S.C. 1083(k)) (which shall not be voidable under \n section 545 of this title), for failure to make contribution \n payments required under those sections, without regard to \n whether such contributions became due or whether such lien \n arose before or after the filing of the petition.''.\n\n TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS\n\nSEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE \n MODIFIED OR TERMINATED.\n\n (a) Inclusion in Summary Plan Description.--Section 102(b) of the \nEmployee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is \namended by inserting ``; in the case of a group health plan (as so \ndefined), whether the provisions of the plan permit the plan sponsor or \nany employer participating in the plan to unilaterally modify or \nterminate the benefits under the plan with respect to employees, \nretired employees, and beneficiaries, and when and to what extent \nbenefits under the plan are fully vested with respect to employees, \nretired employees, and beneficiaries'' after ``the name and address of \nsuch issuer''.\n (b) Presumption That Retired Employee Health Benefits Cannot Be \nModified or Terminated.--Section 502 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1132) is amended by adding at the end \nthe following new subsection:\n ``(n) In the case of a suit brought under this title by a \nparticipant or beneficiary relating to benefits of a retired employee \nor the dependents of a retired employee under a group health plan (as \ndefined in section 733(a)(1)), the presumption for purposes of such \nsuit shall be that as of the date an employee retires or completes 20 \nyears of service with the employer, benefits available under the plan \nduring retirement of the employee are fully vested and cannot be \nmodified or terminated for the life of the employee or, if longer, the \nlife of the employee's spouse. This presumption can be overcome only \nupon a showing, by clear and convincing evidence, that the terms of the \ngroup health plan allow for a modification or termination of benefits \navailable under the plan and that the employee, prior to becoming a \nparticipant in the plan, was made aware, in clear and unambiguous \nterms, that the plan allowed for such modification or termination of \nbenefits.''.\n\nSEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED \n AGREEMENTS.\n\n Section 8 of the National Labor Relations Act (29 U.S.C. 158) is \namended by adding at the end the following:\n ``(h) It shall be an unfair labor practice for any labor \norganization and any employer to enter into any contract or agreement, \nexpress or implied, whereby the organization and employer agree to \nmodify the terms of any previous agreement in a manner that would \nresult in a reduction or termination of retiree health insurance \nbenefits provided to an employee or a dependent of an employee under \nthe previous agreement, if such modification of the terms of the \nprevious agreement occurs after the date on which the employee \nretires.''.\n\nSEC. 203. COMPTROLLER GENERAL REPORT.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Comptroller General of the United States \nshall submit to Congress a report on the strategies that corporations \nuse to avoid obligations to pay promised employee and retiree benefits.\n (b) Contents.--The report under subsection (a) shall include a \ndiscussion of--\n (1) the use of spin-offs, mergers, subsidiaries, \n bankruptcies, asset sales, and other strategies to avoid \n obligations to pay promised employee and retiree benefits;\n (2) the impact of such avoidance on the financial, \n physical, and mental well-being of employees and retirees;\n (3) the impact on Federal and State budgets when employers \n terminate or reduce the benefits of employees and retirees, \n including the costs that are incurred when employees and \n retirees seek assistance from Federal and State government \n programs and services as a result of the termination or \n reduction of their employment-related benefits; and\n (4) recommendations to prevent corporations from evading \n contractual obligations to pay employee and retiree benefits.","summary":"Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections that are necessary to prevent liquidation of the debtor. Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees. Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified. Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation. Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage. Or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act. Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years. Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment. Increases the priority claim amount for employee wages and benefits. Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment. Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case. Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries. And (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.","title":"Bankruptcy Fairness and Employee Benefits Protection Act of 2014","text_len":18352,"sum_len":4452} {"bill_id":"112_hr3423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Achieving a Better Life Experience \nAct of 2011'' or the ``ABLE Act of 2011''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are as follows:\n (1) To encourage and assist individuals and families in \n saving private funds for the purpose of supporting individuals \n with disabilities to maintain health, independence, and quality \n of life.\n (2) To provide secure funding for disability-related \n expenses on behalf of designated beneficiaries with \n disabilities that will supplement, but not supplant, benefits \n provided through private insurance, the Medicaid program under \n title XIX of the Social Security Act, the supplemental security \n income program under title XVI of such Act, the beneficiary's \n employment, and other sources.\n\nSEC. 3. ABLE ACCOUNTS.\n\n (a) Establishment.--\n (1) In general.--Section 529 of the Internal Revenue Code \n of 1986 is amended by redesignating subsection (f) as \n subsection (g) and by inserting after subsection (e) the \n following new subsection:\n ``(f) ABLE Accounts.--\n ``(1) General rules.--For purposes of any other provision \n of law with respect to a qualified ABLE program and an ABLE \n account, except as otherwise provided in this subsection--\n ``(A) a qualified ABLE program and an ABLE account \n shall be treated in the same manner as a qualified \n tuition program and an account described in subsection \n (b)(1)(A)(ii), respectively, are treated, and\n ``(B) qualified disability expenses with respect to \n a program or account described in subparagraph (A) \n shall be treated in the same manner as qualified higher \n education expenses are treated.\n ``(2) Qualified able program.--For purposes of this \n subsection, the term `qualified ABLE program' means a program \n established and maintained by a State or agency or \n instrumentality thereof--\n ``(A) under which a person may make contributions \n to an ABLE account which is established for the purpose \n of meeting the qualified disability expenses of the \n designated beneficiary of the account,\n ``(B) which meets the requirements of the preceding \n subsections of this section (as modified by this \n subsection), determined by substituting--\n ``(i) `qualified ABLE program' for \n `qualified tuition program', and\n ``(ii) `ABLE account' for `account', and\n ``(C) which meets the other requirements of this \n subsection.\n ``(3) Qualified disability expenses.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified disability \n expenses' means any expenses which are made for the \n benefit of an individual with a disability who is a \n designated beneficiary.\n ``(B) Expenses included.--The following expenses \n shall be qualified disability expenses if such expenses \n are made for the benefit of an individual with a \n disability who is a designated beneficiary and are \n related to such disability:\n ``(i) Education.--Expenses for education, \n including tuition for preschool thru post-\n secondary education, books, supplies, and \n educational materials related to such \n education, tutors, and special education \n services.\n ``(ii) Housing.--Expenses for a primary \n residence, including rent, purchase of a \n primary residence or an interest in a primary \n residence, mortgage payments, real property \n taxes, and utility charges.\n ``(iii) Transportation.--Expenses for \n transportation, including the use of mass \n transit, the purchase or modification of \n vehicles, and moving expenses.\n ``(iv) Employment support.--Expenses \n related to obtaining and maintaining \n employment, including job-related training, \n assistive technology, and personal assistance \n supports.\n ``(v) Health, prevention, and wellness.--\n Expenses for health and wellness, including \n premiums for health insurance, mental health, \n medical, vision, and dental expenses, \n habilitation and rehabilitation services, \n durable medical equipment, therapy, respite \n care, long term services and supports, \n nutritional management, communication services \n and devices, adaptive equipment, assistive \n technology, and personal assistance.\n ``(vi) Miscellaneous expenses.--Financial \n management and administrative services; legal \n fees; expenses for oversight; monitoring; home \n improvements, and modifications, maintenance \n and repairs, at primary residence; or funeral \n and burial expenses.\n ``(vii) Assistive technology and personal \n support services.--Expenses for assistive \n technology and personal support with respect to \n any item described in clauses (i) through (vi).\n ``(viii) Other approved expenses.--Any \n other expenses which are approved by the \n Secretary under regulations and consistent with \n the purposes of this section.\n ``(C) Individual with a disability.--\n ``(i) In general.--Except as provided in \n clause (ii), an individual is an individual \n with a disability for a year if the individual \n (regardless of age)--\n ``(I) has a medically determinable \n physical or mental impairment, which \n results in marked and severe functional \n limitations, and which can be expected \n to result in death or which has lasted \n or can be expected to last for a \n continuous period of not less than 12 \n month, or\n ``(II) is blind.\n ``(ii) Disability certification required.--\n An individual shall not be treated as an \n individual with a disability for a year unless \n the individual--\n ``(I) is receiving (or, for \n purposes of title XIX of the Social \n Security Act, is deemed to be, or \n treated as, receiving) benefits under \n the supplemental security income \n program under title XVI of such Act, or \n whose benefits under such program are \n suspended other than by reason of \n misconduct,\n ``(II) is receiving disability \n benefits under title II of such Act, or\n ``(III) files a disability \n certification with the Secretary for \n such year.\n ``(iii) Disability certification defined.--\n The term `disability certification' means, with \n respect to an individual, a certification to \n the satisfaction of the Secretary by the \n designated beneficiary or the parent or \n guardian of the designated beneficiary that--\n ``(I) the individual meets the \n criteria described in clause (i), and\n ``(II) includes a copy of the \n designated beneficiary's diagnosis, \n signed by a physician meeting the \n criteria of section 1861(r)(1) of the \n Social Security Act.\n ``(iv) Restriction on use of \n certification.--No inference may be drawn from \n a disability certification for purposes of \n establishing eligibility for benefits under \n title II or XVI of the Social Security Act.\n ``(4) Rollovers from able accounts.--The limits on \n contributions pursuant to subsection (b)(6) shall not apply to \n any amount paid or distributed from an ABLE account to the \n extent that the amount received is paid, not later than the \n 60th day after the date of such payment or distribution, into--\n ``(A) another ABLE account for the benefit of--\n ``(i) the same beneficiary, or\n ``(ii) an individual who--\n ``(I) is the spouse of such \n individual with a disability, or bears \n a relationship to such individual with \n a disability which is described in \n section 152(d)(2), and\n ``(II) is also an individual with a \n disability,\n ``(B) any trust which is described in subparagraph \n (A) or (C) of section 1917(d)(4) of the Social Security \n Act and which is for the benefit of an individual \n described in clause (i) or (ii) of subparagraph (A), or\n ``(C) a qualified tuition program--\n ``(i) for the benefit of the designated \n beneficiary, or\n ``(ii) to the credit of another designated \n beneficiary under a qualified tuition program \n who is a member of the family of the designated \n beneficiary with respect to which the \n distribution was made.\n The preceding sentence shall not apply to any payment or \n distribution if it applied to any prior payment or distribution \n during the 12-month period ending on the date of the payment or \n distribution.\n ``(5) Transfer to state.--Subject to any outstanding \n payments due for qualified disability expenses, in the case \n that the designated beneficiary dies or ceases to be an \n individual with a disability, all amounts remaining in the \n qualified ABLE account not in excess of the amount equal to the \n total medical assistance paid for the designated beneficiary \n after the establishment of the account, net of any premiums \n paid from the account or paid by or on behalf of the \n beneficiary to a Medicaid Buy-In program, under any State \n Medicaid plan established under title XIX of the Social \n Security Act shall be distributed to such State upon filing of \n a claim for payment by such State. For purposes of this \n paragraph, the State shall be a creditor of an ABLE account and \n not a beneficiary. Subsection (c)(3) shall not apply to a \n distribution under the preceding sentence.\n ``(6) Regulations.--Not later than 6 months after the date \n of the enactment of this section, the Secretary may prescribe \n such regulations or other guidance as the Secretary determines \n necessary or appropriate to carry out the purposes of this \n section, including regulations to prevent fraud and abuse with \n respect to amounts claimed as qualified disability expenses.''.\n (2) Conforming amendment.--Paragraph (2) of section 6693(a) \n of the Internal Revenue Code of 1986 such Code is amended by \n striking ``and'' at the end of subparagraph (D), by striking \n the period at the end of subparagraph (E) and inserting \n ``and'', and by inserting after subparagraph (E) the following \n new subparagraph:\n ``(F) section 529(d) by reason of 529(f) (relating \n to ABLE accounts).''.\n (b) Annual Reports.--\n (1) In general.--The Secretary of the Treasury shall report \n annually to Congress on the usage of ABLE accounts under \n section 529(f) of the Internal Revenue Code of 1986.\n (2) Contents of report.--Any report under paragraph (1) \n shall include--\n (A) the number of people with an ABLE account,\n (B) the total amount of contributions to such \n accounts,\n (C) the total amount and nature of distributions \n from such accounts,\n (D) issues relating to the abuse of such accounts, \n if any, and\n (E) the amounts repaid from such accounts to State \n Medicaid programs established under title XIX of the \n Social Security Act.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 4. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL PROGRAMS.\n\n (a) Account Funds Disregarded for Purposes of Certain Other Means-\nTested Federal Programs.--Notwithstanding any other provision of \nFederal law that requires consideration of 1 or more financial \ncircumstances of an individual, for the purpose of determining \neligibility to receive, or the amount of, any assistance or benefit \nauthorized by such provision to be provided to or for the benefit of \nsuch individual, any amount (including earnings thereon) in any ABLE \naccount (as defined in section 529(f) of the Internal Revenue Code of \n1986) of such individual, and any distribution for qualified disability \nexpenses (as defined in paragraph (3) of such section) shall be \ndisregarded for such purpose with respect to any period during which \nsuch individual maintains, makes contributions to, or receives \ndistributions from such ABLE account, except that, in the case of the \nsupplemental security income program under title XVI of the Social \nSecurity Act, a distribution for housing expenses (as defined in \nsubparagraph (B)(ii) of such paragraph) shall not be so disregarded, \nand in the case of such program, only the 1st $100,000 of the amount \n(including such earnings) in such ABLE account shall be so disregarded.\n (b) Suspension of SSI Benefits During Periods of Excessive Account \nFunds.--\n (1) In general.--The benefits of an individual under the \n supplemental security income program under title XVI of the \n Social Security Act shall not be terminated, but shall be \n suspended, by reason of excess resources of the individual \n attributable to an amount in the ABLE account (as defined in \n section 529(f) of the Internal Revenue Code of 1986) of the \n individual not disregarded under subsection (a) of this \n section.\n (2) No impact on medicaid eligibility.--An individual who \n would be receiving payment of such supplemental security income \n benefits but for the application of the previous sentence shall \n be treated for purposes of title XIX of the Social Security Act \n as if the individual continued to be receiving payment of such \n benefits.","summary":"Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines qualified disability expenses to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes . Defines qualified ABLE program as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account.","title":"To amend the Internal Revenue Code of 1986 to provide for the tax treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes.","text_len":16910,"sum_len":1142} {"bill_id":"106_hr2832","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Life-Saving Service \nHeritage Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) The United States has a long tradition of heroic \n efforts to rescue those in peril on the sea.\n (2) Legislation providing appropriations to the Secretary \n of the Treasury for ``surf boats, rockets, carronades, and \n other necessary apparatus for the better preservation of life \n and property from shipwrecks on the coast of New Jersey, \n between Sandy Hook and Little Egg Harbor'' was approved August \n 14, 1848 (9 Stat. 322), and was subsequently extended to \n support volunteer lifesaving efforts on the coast of New Jersey \n between Little Egg Harbor and Cape May, and in other States and \n territories.\n (3) Legislation providing appropriations to the Secretary \n of the Treasury ``for the purpose of more effectively securing \n life and property on the coast of New Jersey and Long Island... \n and to employ crews of experienced surfmen at such stations'' \n was approved April 20, 1871 (17 Stat. 12).\n (4) The Life-Saving Service was reorganized by the Congress \n by enactment of the Act entitled ``An Act to organize the Life-\n Saving-Service'', approved June 18, 1878 (chapter 265; 20 Stat. \n 163).\n (5) America's lifesaving stations and boats were staffed by \n brave volunteer and professional lifesavers, who risked life \n and limb to rescue shipwrecked passengers and crews.\n (6) Many surviving Life-Saving Service stations are of rare \n architectural significance, yet these historic stations are \n threatened by harsh coastal environments, rapid economic \n development in the coastal zone, neglect, and lack of resources \n for their preservation.\n (7) The heroic actions of Life-Saving Service personnel \n deserve greater recognition, and their contributions to \n America's maritime and architectural history should be \n celebrated through a comprehensive preservation program and \n greater opportunities for the public's education about the \n heritage of the Life-Saving Service and related private and \n public organizations.\n (b) Purpose.--The purpose of this Act is to authorize the Secretary \nof the Interior to establish a program to inventory, evaluate, \ndocument, and assist in efforts to restore and preserve surviving \nlifesaving stations and other structures and artifacts dedicated to our \nforefathers' lifesaving efforts.\n\nSEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM.\n\n (a) In General.--The Secretary of the Interior, through the \nNational Maritime Initiative of the National Park Service, shall \nestablish a program in accordance with this section to inventory, \nevaluate, document, and assist efforts to restore and preserve \nsurviving United States Life-Saving Service stations.\n (b) Inventory, Documentation, and Evaluation.--The Secretary, in \ncooperation with the U.S. Life-Saving Service Heritage Association, \nshall--\n (1) survey coastal regions of the United States to identify \n and prepare an inventory of surviving historic lifesaving \n stations, boats, and other significant lifesaving equipment;\n (2) document the designs of significant existing structures \n and lifesaving boats for inclusion in the Historic American \n Building Survey\/Historic American Engineering Record Collection \n in the Library of Congress; and\n (3) evaluate historic lifesaving stations, including--\n (A) assessing the historic significance, integrity, \n and condition of surviving historic lifesaving \n stations;\n (B) making recommendations for outstanding examples \n of historic lifesaving stations that should be listed \n on the National Register of Historic Places, or \n designated as National Historic Landmarks; and\n (C) making recommendations for outstanding examples \n of lifesaving boats to be included in the Historic \n American Engineering Record Collection.\n (c) Technical Assistance, Educational Materials, Research Aids, and \nOther Information.--The Secretary shall--\n (1) serve as a clearinghouse of information for persons \n interested in restoring and preserving historic lifesaving \n stations, their boats, and related lifesaving equipment; and\n (2) make available to the public, including through the \n Internet, educational materials, research aids, guides, \n bibliographies, and other information regarding the Life-Saving \n Service, Revenue Cutter Service, and related organizations that \n provided humanitarian assistance to shipwrecked mariners and \n their passengers, including--\n (A) information on the history and development of \n the Life-Saving Service, the Revenue Cutter Service, \n predecessor private and State lifesaving organizations \n such as the Humane Society of the Commonwealth of \n Massachusetts, and early Coast Guard lifesaving and \n lifeboat stations;\n (B) technical descriptions of lifesaving boats, \n line-guns, life cars, and beachcarts;\n (C) the inventory, documentation, and evaluation \n prepared under subsection (b);\n (D) guidance and technical assistance in the \n listing of historic lifesaving and lifeboat stations on \n the National Register of Historic Places, or their \n designation as National Historic Landmarks; and\n (E) guidance and technical assistance in the \n listing of historic lifesaving boats in the Historic \n American Engineering Record Collection.\n (d) Grants.--\n (1) In general.--The Secretary, subject to the availability \n of appropriations, shall make grants to coordinate and assist \n in the restoration and preservation of historic lifesaving \n stations, historic lifesaving boats, and other significant \n lifesaving artifacts.\n (2) Cost share.--The Federal share of the cost of an \n activity carried out with financial assistance under this \n subsection shall not exceed 75 percent of the total cost of the \n activity.\n (e) Definitions.--In this section:\n (1) Historic lifesaving station.--The term ``historic \n lifesaving station'' means any land, structure, equipment, or \n other physical artifact or facility formerly under the \n jurisdiction or control of the Life-Saving Service or any \n earlier private or State organizations, including lifesaving \n and lifeboat stations, sailors' refuges, shipwreck survivors' \n cache sites, boats, and beachcarts.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the National Maritime \n Initiative of the National Park Service.\n (3) U.S. life-saving service heritage association.--The \n term ``U.S. Life-Saving Service Heritage Association'' means \n the national nonprofit educational organization by that name \n established under the laws of the Commonwealth of Massachusetts \n for the purposes and objectives of meeting and preserving \n America's lifesaving heritage.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary--\n (1) for use in making grants under subsection (d), \n $5,000,000 for each of fiscal years 2000 through 2004; and\n (2) for carrying out the other provisions of this section \n $500,000 for each of fiscal years 2000 through 2004.","summary":"Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations, boats, and related equipment. And (2) make information regarding the Service, the Revenue Cutter Service, and related organizations that provided humanitarian assistance to shipwrecked mariners and passengers available to the public. Provides for grants, subject to the availability of appropriations, for coordination and assistance in restoration and preservation of historic lifesaving stations, boats, and other artifacts. Authorizes appropriations.","title":"United States Life-Saving Service Heritage Act","text_len":8204,"sum_len":605} {"bill_id":"111_hr4249","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission On Reforming Entitlement \nSpending Act'' or the ``CORE Spending Act''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the ``Commission \nOn Reforming Entitlement Spending'' (hereinafter in this Act referred \nto as the ``Commission'').\n\nSEC. 3. DUTIES OF COMMISSION.\n\n (a) Mandatory Legislation Development.--\n (1) Issues to address.--The Commission shall examine the \n long-term fiscal challenges facing the United States and \n develop legislation designed to address the following issues:\n (A) The unsustainable imbalance between long-term \n Federal spending commitments and projected revenues.\n (B) Increasing net national savings to provide for \n domestic investment and economic growth.\n (C) The implications of foreign ownership of debt \n instruments issued by the United States Government.\n (D) Improving the budget process to place greater \n emphasis on long-term fiscal issues.\n (2) Policy solutions.--Legislation developed to address the \n issues described in paragraph (1) may include the following:\n (A) Reforms that limit the growth of entitlement \n spending to ensure that the programs are fiscally \n sustainable.\n (B) Reforms that strengthen the safety net \n functions of entitlement programs to provide assistance \n to the neediest people.\n (C) Incentives to increase private savings.\n (D) Automatic stabilizers or triggers to enforce \n spending and revenue targets.\n (E) Any other reforms designed to address the \n issues described in paragraph (1).\n (3) Limitation.--The legislation developed under this \n subsection may not include any new, or any increase in an \n existing, Federal tax.\n (b) Optional Development of Cost Estimate Alternatives.--The \nCommission shall by an affirmative vote of 5 members develop not more \nthan 2 methods for estimating the cost of legislation as an alternative \nto the method currently used by the Congressional Budget Office. Any \nsuch alternative method must be designed to address any flaws in the \nmethod currently used with regard to estimating the positive economic \neffects of legislation.\n\nSEC. 4. INITIAL TOWN HALL STYLE PUBLIC HEARINGS.\n\n (a) In General.--The Commission shall hold at least 1 town hall \nstyle public hearing within each Federal reserve district, and shall, \nto the extent feasible, ensure that there is broad public participation \nin the hearings.\n (b) Hearing Format.--During each hearing, the Commission shall \npresent to the public, and generate comments and suggestions regarding, \nthe issues described in section 3, policies designed to address the \nissues, and tradeoffs between the policies.\n\nSEC. 5. REPORT.\n\n The Commission shall, not later than 180 days after the date of \nenactment of this Act, submit a report to Congress and the President \ncontaining the following:\n (1) A detailed description of the activities of the \n Commission.\n (2) A summary of comments and suggestions generated from \n the town hall style public hearings.\n (3) A detailed statement of any findings of the Commission \n as to public preferences regarding the issues, policies, and \n tradeoffs presented in the town hall style public hearings.\n (4) A detailed description of the long-term fiscal problems \n faced by the United States.\n (5) A list of policy options for addressing those problems.\n (6) Criteria for the legislative proposal to be developed \n by the Commission.\n\nSEC. 6. LEGISLATIVE PROPOSAL.\n\n (a) In General.--Not later than 60 days after the date the report \nis submitted under section 5 and by a vote of two-thirds of the \nmembers, the Commission shall submit a legislative proposal to Congress \nand the President designed to address the issues described section 3.\n (b) Proposal Requirements.--The proposal must, to the extent \nfeasible, be designed--\n (1) to achieve generational equity and long-term economic \n stability;\n (2) to address the comments and suggestions of the public; \n and\n (3) to meet the criteria set forth in the Commission \n report.\n (c) Inclusion of Cost Estimate.--The Commission shall submit with \nthe proposal--\n (1) a long-term CBO cost estimate prepared under section 14 \n for the proposal; and\n (2) if an alternative cost estimate method is developed by \n the Commission, a 50-year cost estimate using such method.\n\nSEC. 7. MEMBERSHIP AND MEETINGS.\n\n (a) In General.--The Commission shall be composed of 15 voting \nmembers appointed pursuant to paragraph (1) and 2 nonvoting members \ndescribed in paragraph (2).\n (1) Voting members.--(A) The President shall appoint 3 \n members, one of which the President shall appoint as \n chairperson of the Commission.\n (B) The Speaker of the House of Representatives shall \n appoint 3 members.\n (C) The minority leader of the House of Representatives \n shall appoint 3 members.\n (D) The majority leader of the Senate shall appoint 3 \n members.\n (E) The minority leader of the Senate shall appoint 3 \n members.\n (2) Nonvoting members.--The Comptroller General of the \n United States and the Director of the Congressional Budget \n Office shall each be nonvoting members of the Commission and \n shall advise and assist at the request of the Commission.\n (b) Limitation as to Members of Congress.--Each appointing \nauthority described in subsection (a)(1) who is a Member of Congress \nmay only appoint 1 Member of Congress to the Commission.\n (c) Date for Original Appointment.--The appointing authorities \ndescribed in subsection (a)(1) shall appoint the initial members of the \nCommission not later than 30 days after the date of enactment of this \nAct.\n (d) Terms.--\n (1) In general.--The term of each member is for the life of \n the Commission.\n (2) Vacancies.--A vacancy in the Commission shall be filled \n not later than 30 days after such vacancy occurs and in the \n manner in which the original appointment was made.\n (e) Pay and Reimbursement.--\n (1) No compensation for members of commission.--Except as \n provided in paragraph (2), a member of the Commission may not \n receive pay, allowances, or benefits by reason of their service \n on the Commission.\n (2) Travel expenses.--Each member shall receive travel \n expenses, including per diem in lieu of subsistence under \n subchapter I of chapter 57 of title 5, United States Code.\n (f) Meetings.--The Commission shall meet upon the call of the \nchairperson or a majority of its voting members.\n (g) Quorum.--Six voting members of the Commission shall constitute \na quorum, but a lesser number may hold hearings.\n\nSEC. 8. DIRECTOR AND STAFF OF COMMISSION.\n\n (a) Director.--\n (1) In general.--Subject to subsection (c) and to the \n extent provided in advance in appropriation Acts, the \n Commission shall appoint and fix the pay of a director.\n (2) Duties.--The director of the Commission shall be \n responsible for the administration and coordination of the \n duties of the Commission and shall perform other such duties as \n the Commission may direct.\n (b) Staff.--In accordance with rules agreed upon by the Commission, \nsubject to subsection (c), and to the extent provided in advance in \nappropriation Acts, the director may appoint and fix the pay of \nadditional personnel.\n (c) Applicability of Certain Civil Service Laws.--The director and \nstaff of the Commission may be appointed without regard to the \nprovisions of title 5, United States Code, governing appointments in \nthe competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates, except that \npay fixed under subsection (a) may not exceed $150,000 per year and pay \nfixed under subsection (b) may not exceed a rate equal to the daily \nequivalent of the annual rate of basic pay for level V of the Executive \nSchedule under section 5316 of title 5, United States Code.\n (d) Detailees.--Any Federal Government employee may be detailed to \nthe Commission without reimbursement from the Commission, and such \ndetailee shall retain the rights, status, and privileges of their \nregular employment without interruption.\n (e) Experts and Consultants.--In accordance with rules agreed upon \nby the Commission and to the extent provided in advance in \nappropriation Acts, the director may procure the services of experts \nand consultants under section 3109(b) of title 5, United States Code, \nbut at rates not to exceed the daily equivalent of the annual rate of \nbasic pay for level V of the Executive Schedule under section 5316 of \ntitle 5, United States Code.\n\nSEC. 9. POWERS OF COMMISSION.\n\n (a) Hearings and Evidence.--The Commission may, for the purpose of \ncarrying out this Act, hold such hearings in addition to the town hall \nstyle public hearings, sit and act at such times and places, take such \ntestimony, and receive such evidence as the Commission considers \nappropriate. The Commission may administer oaths or affirmations to \nwitnesses appearing before it.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take under this section.\n (c) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (d) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (e) Contract Authority.--To the extent provided in advance in \nappropriation Acts, the Commission may enter into contracts to enable \nthe Commission to discharge its duties under this Act.\n (f) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 10. TERMINATION.\n\n The Commission shall terminate 60 days after submitting its \nlegislative proposal.\n\nSEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT.\n\n The President may, not later than 60 days after the Commission \nsubmits its legislative proposal, submit to Congress an alternative to \nthe legislative proposal submitted by the Commission.\n\nSEC. 12. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE COMMITTEE ON THE \n BUDGET.\n\n The Committee on the Budget of either House may, in consultation \nwith the relevant committees of their respective House and not later \nthan 60 days after the Commission submits its legislative proposal, \nhave published in the Congressional Record an alternative to the \nlegislative proposal submitted by the Commission.\n\nSEC. 13. CONSIDERATION OF LEGISLATION.\n\n (a) Introduction.--On the first legislative day after the \nCommission submits its legislative proposal, the Speaker of the House \nof Representatives and the Majority Leader of the Senate shall \nintroduce (by request) the legislation submitted by the Commission.\n (b) In the House of Representatives.--\n (1) Privileged consideration.--In the House of \n Representatives, if a committee to which the legislation has \n been referred has not reported the legislation before the \n expiration of the 60-day period described in section 12, then--\n (A) that committee shall be discharged from \n consideration of the legislation;\n (B) the legislation shall be placed on the \n appropriate calendar; and\n (C) a motion to proceed to the consideration of the \n legislation is highly privileged and is not debatable.\n (2) Amendments limited.--\n (A) In general.--Except as provided in subparagraph \n (B), an amendment to the legislation may not be offered \n in the House of Representatives.\n (B) Permitted amendments.--(i) Any Member may \n offer, as an amendment in the nature of a substitute, \n the alternative legislative proposal submitted by the \n President.\n (ii) Any Member may offer, as an amendment in the \n nature of a substitute, the alternative legislative \n proposal submitted by the Commission.\n (iii) The chairman of the House Committee on the \n Budget may offer, as an amendment in the nature of a \n substitute, the alternative legislative proposal \n published in the Congressional Record by the House \n Committee on the Budget.\n (C) Points of order.--An amendment offered under \n subparagraph (B) is subject to a point of order if--\n (i) the amendment is not accompanied by a \n long-term CBO cost estimate of the amendment; \n or\n (ii) the long-term CBO cost estimate of the \n amendment exceeds the long-term CBO cost \n estimate of the legislative proposal submitted \n by the Commission.\n (D) Multiple amendments.--If more than one \n amendment is offered under this paragraph, then each \n amendment shall be considered separately, and the \n amendment receiving both a majority and the highest \n number of votes shall be the amendment adopted.\n\nSEC. 14. LONG-TERM CBO COST ESTIMATE.\n\n (a) Preparation and Submission.--When the Commission, the \nPresident, or the chairman of the Committee on the Budget of either \nHouse submits a written request to the Director of the Congressional \nBudget Office for a long-term CBO cost estimate of legislation proposed \nunder this Act or an amendment referred to in section 13(b)(2)(B), the \nDirector shall prepare the estimate and have it published in the \nCongressional Record as expeditiously as possible.\n (b) Content.--A long-term CBO cost estimate shall include--\n (1) an estimate of the cost of each provision of the \n legislation or amendment for first fiscal year it would take \n effect and for each of the 50 fiscal years thereafter; and\n (2) a statement of any estimated future costs not reflected \n by the estimate described in paragraph (1).","summary":"Commission On Reforming Entitlement Spending Act, or CORE Spending Act - Establishes the Commission On Reforming Entitlement Spending to examine the long-term fiscal challenges facing the United States and develop legislation designed to address them. Authorizes the President and the House or Senate Budget Committee to submit alternatives to the legislative proposal submitted by the Commission. Requires the Director of the Congressional Budget Office (CBO) to prepare a long-term cost estimate of legislation proposed under this Act or a related amendment, and have it published in the Congressional Record as expeditiously as possible.","title":"To establish a commission to develop legislation designed to reform entitlement benefit programs and ensure a sound fiscal future for the United States, and for other purposes.","text_len":15395,"sum_len":640} {"bill_id":"105_hr1728","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Park System New Area \nStudies Act''.\n\nSEC. 2. STUDY OF NEW PARK SYSTEM AREAS.\n\n Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as \nthe National Park System General Authorities Act) is amended as \nfollows:\n (1) By inserting ``General Authority.--'' after ``(a)''.\n (2) By striking the second through the seventh sentences of \n subsection (a).\n (3) By designating the last two sentences of subsection (a) \n as subsection (e) and inserting in the first of such sentences \n before the words ``For the purposes of carrying'' the \n following: ``(e) Authorization of Appropriations.--''.\n (4) By inserting the following after subsection (a):\n ``(b) Studies of Areas for Potential Addition.--(1) At the \nbeginning of each calendar year, along with the annual budget \nsubmission, the Secretary of the Interior shall submit to the Committee \non Resources of the House of Representatives and to the Committee on \nEnergy and Natural Resources of the United States Senate a list of \nareas recommended for study for potential inclusion in the National \nPark System.\n ``(2) In developing the list to be submitted under this subsection, \nthe Secretary shall give consideration to those areas that have the \ngreatest potential to meet the established criteria of national \nsignificance, suitability, and feasibility. The Secretary shall give \nspecial consideration to themes, sites, and resources not already \nadequately represented in the National Park System.\n ``(3) No study of the potential of an area for inclusion in the \nNational Park System may be initiated after the date of enactment of \nthis subsection, except as provided by specific authorization of an Act \nof Congress.\n ``(4) Nothing in this Act shall limit the authority of the National \nPark Service to conduct preliminary resource assessments, gather data \non potential study areas, provide technical and planning assistance, \nprepare or process nominations for administrative designations, update \nprevious studies, or complete reconnaissance surveys of individual \nareas requiring a total expenditure of less than $25,000.\n ``(5) Nothing in this section shall be construed to apply to or to \naffect or alter the study of any river segment for potential addition \nto the national wild and scenic rivers system or to apply to or to \naffect or alter the study of any trail for potential addition to the \nnational trails system.\n ``(c) Report.--(1) The Secretary of the Interior shall complete the \nstudy for each area for potential inclusion in the National Park System \nwithin 3 complete fiscal years following the date of enactment of \nspecific legislation providing for the study of such area. Each study \nunder this section shall be prepared with appropriate opportunity for \npublic involvement, including at least one public meeting in the \nvicinity of the area under study, and after reasonable efforts to \nnotify potentially affected landowners and State and local governments.\n ``(2) In conducting the study, the Secretary shall consider whether \nthe area under study--\n ``(A) possesses nationally significant natural or cultural \n resources and represents one of the most important examples of \n a particular resource type in the country; and\n ``(B) is a suitable and feasible addition to the system.\n ``(3) Each study--\n ``(A) shall consider the following factors with regard to \n the area being studied--\n ``(i) the rarity and integrity of the resources;\n ``(ii) the threats to those resources;\n ``(iii) similar resources are already protected in \n the National Park System or in other public or private \n ownership;\n ``(iv) the public use potential;\n ``(v) the interpretive and educational potential;\n ``(vi) costs associated with acquisition, \n development and operation;\n ``(vii) the socioeconomic impacts of any \n designation;\n ``(viii) the level of local and general public \n support; and\n ``(ix) whether the area is of appropriate \n configuration to ensure long-term resource protection \n and visitor use;\n ``(B) shall consider whether direct National Park Service \n management or alternative protection by other public agencies \n or the private sector is appropriate for the area;\n ``(C) shall identify what alternative or combination of \n alternatives would in the professional judgment of the Director \n of the National Park Service be most effective and efficient in \n protecting significant resources and providing for public \n enjoyment; and\n ``(D) may include any other information which the Secretary \n deems to be relevant.\n ``(4) Each study shall be completed in compliance with the National \nEnvironmental Policy Act of 1969.\n ``(5) The letter transmitting each completed study to Congress \nshall contain a recommendation regarding the Secretary's preferred \nmanagement option for the area.\n ``(d) List of Areas.--At the beginning of each calendar year, along \nwith the annual budget submission, the Secretary of the Interior shall \nsubmit to the Committee on Resources of the House of Representatives \nand to the Committee on Energy and Natural Resources of the United \nStates Senate a list of areas which have been previously studied which \ncontain primarily historical resources, and a list of areas which have \nbeen previously studied which contain primarily natural resources, in \nnumerical order of priority for addition to the National Park System. \nIn developing the lists, the Secretary should consider threats to \nresource values, cost escalation factors, and other factors listed in \nsubsection (c) of this section. The Secretary should only include on \nthe lists areas for which the supporting data is current and \naccurate.''.\n (5) By adding at the end of subsection (e) (as designated \n by paragraph (3) of this section) the following: ``For carrying \n out subsections (b) through (d) there are authorized to be \n appropriated $2,000,000.''.\n\n Passed the House of Representatives August 3, 1998.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"National Park System New Area Studies Act - Amends Federal law to repeal provisions which require: (1) the Secretary of the Interior to annually report to the Speaker of the House of Representatives and to the President of the Senate on areas of national significance that have been studied for potential inclusion in the National Park System (NPS) and requiring, within such report, a listing of not less than 12 such areas. And (2) a synopsis to accompany the annual listing of the areas, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. Directs the Secretary to submit to the Committee on Resources of the House and the Committee on Energy and Natural Resources of the Senate, along with the annual budget, a list of areas recommended for study for potential inclusion in the NPS. Requires the Secretary to give: (1) consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility. And (2) special consideration to themes, sites, and resources not already adequately represented in the NPS. Prohibits studies of potential areas for inclusion in the NPS from being initiated after the enactment of this Act, except as specifically authorized by an Act of Congress. Provides that nothing in this Act shall: (1) limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. Or (2) be construed to apply to the study of any river segment or any trail for potential addition to the national wild and scenic rivers system or the national trails system. Directs the Secretary to complete the study for each area for potential inclusion in the NPS within three complete fiscal years following the date of enactment of specific legislation providing for the study. Requires: (1) each study to consider specified factors, including similar resources already protected, costs, public support, and alternatives for protecting the area. (2) each study to be completed in compliance with the National Environmental Policy Act of 1969. And (3) the letter transmitting each completed study to the Congress to contain a recommendation regarding the Secretary's preferred management option for the area. Requires the Secretary to submit to such Committees, along with the annual budget, a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the NPS. Authorizes appropriations.","title":"National Park System New Area Studies Act","text_len":6695,"sum_len":3096} {"bill_id":"111_hr4492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Metropolitan Medical Response System \nProgram Act of 2009''.\n\nSEC. 2. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.\n\n (a) Amendment.--Title V of the Homeland Security Act of 2002 (6 \nU.S.C. 311 et seq.) is amended by adding at the end the following:\n\n``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.\n\n ``(a) In General.--The Secretary shall conduct a Metropolitan \nMedical Response System Program, that shall assist State and local \ngovernments in preparing for and responding to public health and mass \ncasualty incidents resulting from natural disasters, acts of terrorism, \nand other man-made disasters.\n ``(b) Financial Assistance.--\n ``(1) Authorization of grants.--\n ``(A) In general.--The Secretary, through the \n Administrator of the Federal Emergency Management \n Agency, may make grants under this section to State and \n local governments to assist in preparing for and \n responding to mass casualty incidents resulting from \n natural disasters, acts of terrorism, and other man-\n made disasters.\n ``(B) Consultation.--In developing guidance for \n grants authorized under this section, the Administrator \n shall consult with the Assistant Secretary, Office of \n Health Affairs.\n ``(2) Use of funds.--A grant made under this section may be \n used to support the integration of emergency management, \n health, and medical systems into a coordinated response to mass \n casualty incidents caused by any hazard, including--\n ``(A) to strengthen medical surge capacity;\n ``(B) to strengthen mass prophylaxis capabilities \n including development and maintenance of an initial \n pharmaceutical stockpile sufficient to protect first \n responders, their families, and immediate victims from \n a chemical or biological event;\n ``(C) to strengthen chemical, biological, \n radiological, nuclear, and explosive detection, \n response, and decontamination capabilities;\n ``(D) to develop and maintain mass triage and pre-\n hospital treatment plans and capabilities;\n ``(E) for planning;\n ``(F) to support efforts to strengthen information \n sharing and collaboration capabilities of regional, \n State, and urban areas in support of public health and \n medical preparedness;\n ``(G) for medical supplies management and \n distribution;\n ``(H) for training and exercises;\n ``(I) for integration and coordination of the \n activities and capabilities of public health personnel \n and medical care providers with those of other \n emergency response providers as well as other Federal \n agencies, the private sector, and nonprofit \n organizations, for the forward movement of patients; \n and\n ``(J) for such other activities as the \n Administrator provides.\n ``(3) Eligibility.--\n ``(A) In general.--Except as provided in \n subparagraph (C), any jurisdiction that received funds \n through the Metropolitan Medical Response System \n Program in fiscal year 2009 shall be eligible to \n receive a grant under this section.\n ``(B) Additional jurisdictions.--\n ``(i) Unrepresented states.--\n ``(I) In general.--Except as \n provided in subparagraph (C), for any \n State in which no jurisdiction received \n funds through the Metropolitan Medical \n Response System Program in fiscal year \n 2009, or in which funding was received \n only through another State, the \n metropolitan statistical area in such \n State with the largest population of \n all such areas in such State shall be \n eligible to receive a grant under this \n section.\n ``(II) Limitation.--For each of \n fiscal years 2010 through 2012, no \n jurisdiction that would otherwise be \n eligible to receive grants under \n subclause (I) shall receive a grant \n under this section if it would result \n in any jurisdiction under subparagraph \n (A) receiving less funding than such \n jurisdiction received in fiscal year \n 2009.\n ``(ii) Other jurisdictions.--\n ``(I) In general.--Subject to \n subparagraph (C), the Administrator may \n determine that additional jurisdictions \n are eligible to receive grants under \n this section.\n ``(II) Limitation.--For each of \n fiscal years 2010 through 2012, the \n eligibility of any additional \n jurisdiction to receive grants under \n this section is subject to the \n availability of appropriations beyond \n that necessary to--\n ``(aa) ensure that each \n jurisdiction eligible to \n receive a grant under \n subparagraph (A) does not \n receive less funding than such \n jurisdiction received in fiscal \n year 2009; and\n ``(bb) provide grants to \n jurisdictions eligible under \n clause (i).\n ``(C) Performance requirement after fiscal year \n 2010.--A jurisdiction shall not be eligible for a grant \n under this subsection from funds available after fiscal \n year 2010 unless the Secretary determines that the \n jurisdiction maintains a sufficient measured degree of \n capability in accordance with the performance measures \n issued under subsection (c).\n ``(4) Distribution of funds.--\n ``(A) In general.--The Administrator shall \n distribute grant funds under this section to the State \n in which the jurisdiction receiving a grant under this \n section is located.\n ``(B) Pass through.--Subject to subparagraph (C), \n not later than 45 days after the date on which a State \n receives grant funds under subparagraph (A), the State \n shall provide the jurisdiction receiving the grant 100 \n percent of the grant funds, and not later than 45 days \n after the State releases the funds, all fiscal agents \n shall make the grant funds available for expenditure.\n ``(C) Exception.--The Administrator may permit a \n State to provide to a jurisdiction receiving a grant \n under this section 97 percent of the grant funds \n awarded if doing so would not result in any \n jurisdiction eligible for a grant under paragraph \n (3)(A) receiving less funding than such jurisdiction \n received in fiscal year 2009.\n ``(5) Regional coordination.--The Administrator shall \n ensure that each jurisdiction that receives a grant under this \n section, as a condition of receiving such grant, is actively \n coordinating its preparedness efforts with surrounding \n jurisdictions, with the official with primary responsibility \n for homeland security (other than the Governor) of the \n government of the State in which the jurisdiction is located, \n and with emergency response providers from all relevant \n disciplines, as determined by the Administrator, to effectively \n enhance regional preparedness.\n ``(c) Performance Measures.--The Administrator, in coordination \nwith the Assistant Secretary, Office of Health Affairs, and the \nNational Metropolitan Medical Response System Working Group, shall \nissue performance measures within one year after the date of enactment \nof this section that enable objective evaluation of the performance and \neffective use of funds provided under this section in any jurisdiction.\n ``(d) Metropolitan Medical Response System Working Group Defined.--\nIn this section, the term `National Metropolitan Medical Response \nSystem Working Group' means--\n ``(1) 10 Metropolitan Medical Response System Program grant \n managers, who shall--\n ``(A) include one such grant manager from each \n region of the Agency;\n ``(B) comprise a population-based cross section of \n jurisdictions that are receiving grant funds under the \n Metropolitan Medical Response System Program; and\n ``(C) include--\n ``(i) 3 selected by the Administrator; and\n ``(ii) 3 selected by the Assistant \n Secretary, Office of Health Affairs; and\n ``(2) 3 State officials who are responsible for \n administration of State programs that are carried out with \n grants under this section, who shall be selected by the \n Administrator.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated $75,000,000 to carry out the program for each of fiscal \nyears 2010 through 2014.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by adding at the end of the items relating to title \nV the following new item:\n\n``Sec. 525. Metropolitan Medical Response System Program.''.\n\nSEC. 3. METROPOLITAN MEDICAL RESPONSE PROGRAM REVIEW.\n\n (a) In General.--The Administrator of the Federal Emergency \nManagement Agency, the Assistant Secretary, Office of Health Affairs, \nand the National Metropolitan Medical Response System Working Group \nshall conduct a review of the Metropolitan Medical Response System \nProgram authorized under section 525 of the Homeland Security Act of \n2002, as added by section 2 of this Act, including an examination of--\n (1) the goals and objectives of the Metropolitan Medical \n Response System Program;\n (2) the extent to which the goals and objectives are being \n met;\n (3) the performance metrics that can best help assess \n whether the Metropolitan Medical Response System Program is \n succeeding;\n (4) how the Metropolitan Medical Response System Program \n can be improved;\n (5) how the Metropolitan Medical Response System Program \n complements and enhances other preparedness programs supported \n by the Department of Homeland Security and the Department of \n Health and Human Services;\n (6) the degree to which the strategic goals, objectives, \n and capabilities of the Metropolitan Medical Response System \n Program are incorporated in State and local homeland security \n plans;\n (7) how eligibility for financial assistance, and the \n allocation of financial assistance, under the Metropolitan \n Medical Response System Program should be determined, including \n how allocation of assistance could be based on risk;\n (8) whether the Metropolitan Medical Response System \n Program would be more effective if it were managed as a \n contractual agreement; and\n (9) the resource requirements of the Metropolitan Medical \n Response System Program.\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Administrator and the Assistant Secretary, Office of \nHealth Affairs shall submit to the Committee on Homeland Security of \nthe House of Representatives and the Committee on Homeland Security and \nGovernmental Affairs of the Senate a report on the results of the \nreview under this subsection.\n (c) Consultation.--The Administrator of the Federal Emergency \nManagement Agency shall consult with the Secretary of Health and Human \nServices in the implementation of subsection (a)(5).\n (d) Definition.--In this section the term ``National Metropolitan \nMedical Response System Working Group'' has the meaning that term has \nin section 525 of the Homeland Security Act of 2002, as amended by this \nsection.\n\nSEC. 4. TECHNICAL AND CONFORMING AMENDMENT.\n\n Section 635 of the Post-Katrina Management Reform Act of 2006 (6 \nU.S.C. 723) is repealed.","summary":"Metropolitan Medical Response System Program Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to conduct a Metropolitan Medical Response System Program that shall assist state and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, terrorist acts, and other man-made disasters. Authorizes the Secretary, through the Administrator of the Federal Emergency Management Agency (FEMA), to make grants to state and local governments for such purposes. Authorizes the use of grant funds to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. Sets forth eligibility requirements. Directs the Administrator to ensure that each jurisdiction that receives a grant, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security of the government of the state in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, to effectively enhance regional preparedness. Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures that enable objective evaluation of the performance and effective use of funds provided in any jurisdiction. And (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program.","title":"To amend the Homeland Security Act of 2002 to ensure continuation of the Metropolitan Medical Response System Program, and for other purposes.","text_len":13923,"sum_len":1678} {"bill_id":"108_hr873","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Eating Disorders Awareness, \nPrevention, and Education Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) An estimated 5,000,000 to 10,000,000 women and girls \n and 1,000,000 men and boys suffer from eating disorders, \n including anorexia nervosa, bulimia nervosa, and binge eating \n disorder, as well as eating disorders that are not otherwise \n defined.\n (2) Anorexia Nervosa is an eating disorder characterized by \n self-starvation and excessive weight loss.\n (3) An estimated .5 to 3.7 percent of American women will \n suffer from anorexia nervosa in their lifetime.\n (4) Anorexia Nervosa is associated with serious health \n consequences including heart failure, kidney failure, \n osteoporosis, and death.\n (5) Anorexia Nervosa has the highest mortality rate of all \n psychiatric disorders. A young woman is 12 times more likely to \n die than other women her age without Anorexia.\n (6) Bulimia Nervosa is an eating disorder characterized by \n excessive food consumption followed by inappropriate \n compensatory behaviors, such as self-induced vomiting, misuse \n of laxatives, fasting, or excessive exercise.\n (7) Bulimia Nervosa is common: an estimated 1.1 to 4.2 \n percent of American women will suffer from this disorder in \n their lifetime.\n (8) Bulimia Nervosa is associated with cardiac, \n gastrointestinal, and dental problems including irregular \n heartbeats, gastric rupture, peptic ulcer, and tooth decay.\n (9) Binge Eating Disorder is characterized by frequent \n episodes of uncontrolled overeating.\n (10) Binge Eating Disorder is common: an estimated 2 to 5 \n percent of Americans experience this disorder in a 6-month \n period.\n (11) Binge Eating is associated with obesity, heart \n disease, gall bladder disease, and diabetes.\n (12) Eating disorders usually appear in adolescence and are \n associated with substantial psychological problems, including \n depression, substance abuse, and suicide.\n (13) Forty-two percent of 1st through 3d grade girls want \n to be thinner, and 81 percent of 10-year-old children are \n afraid of being fat.\n (14) Thirty-five percent of dieters progress to \n pathological dieting, and 20 to 25 percent of these individuals \n progress to partial or full syndrome eating disorders.\n (15) Eating disorders can lead to death. According to the \n National Institute of Mental Health, 1 in 10 people with \n anorexia nervosa will die of starvation, cardiac arrest, or \n other medical complications.\n (16) Eating disorders can have a negative impact on the \n educational advancement of a student, a situation often \n overlooked and rarely addressed in our Nation's schools.\n (17) Educational efforts to prevent eating disorders are of \n primary importance to the health, well being and academic \n success of our Nation's students.\n (18) Females are much more likely than males to develop an \n eating disorder. An estimated 5 to 15 percent of people with \n anorexia or bulimia and an estimated 35 percent of people with \n binge-eating disorder are male.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are the following:\n (1) To provide States, local school districts, and parents \n with the means and flexibility to improve awareness of, \n identify, and help students with eating disorders.\n (2) To help ensure that such individuals receive a quality \n education and secure their chance for a bright future.\n\nSEC. 4. INNOVATIVE ASSISTANCE FOR THE IDENTIFICATION OF, TRAINING ON, \n AND EDUCATIONAL AWARENESS OF EATING DISORDERS.\n\n Section 5131(a) of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 7215(a)) is amended by adding at the end the following:\n ``(28) Programs to improve the identification of students \n with eating disorders, increase awareness of such disorders \n among parents and students, and train educators (such as \n teachers, school nurses, school social workers, coaches, school \n counselors, and administrators) on effective eating disorder \n prevention and assistance methods.''.\n\nSEC. 5. PUBLIC SERVICE ANNOUNCEMENTS.\n\n The Secretary of Education, in consultation with the Secretary of \nHealth and Human Services and the National Institutes of Health, shall \ncarry out a program to develop, distribute, and promote the \nbroadcasting of public service announcements to improve public \nawareness, and to promote the identification and prevention, of eating \ndisorders.\n\nSEC. 6. EATING DISORDER RESEARCH AND REPORT.\n\n Not later than 18 months after the enactment of this Act, the \nNational Center for Education Statistics and the National Center for \nHealth Statistics shall conduct a study on the impact eating disorders \nhave on educational advancement and achievement. The study shall--\n (1) determine the prevalence of eating disorders among \n students and the morbidity and mortality rates associated with \n eating disorders;\n (2) evaluate the extent to which students with eating \n disorders are more likely to miss school, have delayed rates of \n development, or have reduced cognitive skills;\n (3) report on current State and local programs to educate \n youth about the dangers of eating disorders, as well as \n evaluate the value of such programs; and\n (4) make recommendations on measures that could be \n undertaken by Congress, the Department of Education, States, \n and local educational agencies to strengthen eating disorder \n prevention and awareness programs.","summary":"Eating Disorders Awareness, Prevention, and Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to authorize the use of innovative assistance funds for programs to: (1) improve identification of students with eating disorders, (2) increase awareness of such disorders among parents and students. And (3) train educators with respect to effective eating disorder prevention and assistance methods. Directs the Secretary of Education to carry out a program to broadcast public service announcements to improve public awareness, and to promote the identification and prevention, of eating disorders. Requires the National Center for Education Statistics and the National Center for Health Statistics to: (1) study the impact eating disorders have on educational advancement and achievement. (2) report on current State and local programs to educate youth on the dangers of eating disorders. And (3) recommend Federal, State, and local measures that could be undertaken.","title":"To amend title V of the Elementary and Secondary Education Act of 1965 to raise awareness of eating disorders and to create educational programs concerning the same, and for other purposes.","text_len":6112,"sum_len":996} {"bill_id":"113_hr1076","text":"SECTION 1. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY HEALTH BENEFITS \n POOLS.\n\n The Patient Protection and Affordable Care Act (Public Law 111-148) \nis amended by inserting after section 1332 (42 U.S.C. 18052) the \nfollowing new section (and inserting a corresponding item in the table \nof contents of the Act):\n\n``SEC. 1332A. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY BENEFITS \n POOLS.\n\n ``(a) Application.--\n ``(1) In general.--A State authorized public entity health \n benefits pool (in this section referred to as a `pool') may \n apply to the Secretary for a pass through of funding described \n in subsection (b) with respect to health care benefits provided \n through that pool for coverage years beginning on or after \n January 1, 2014.\n ``(2) Approval of application.--The Secretary shall approve \n such an application of a pool if the Secretary determines that \n health care benefits provided through the pool--\n ``(A) will provide coverage that is at least as \n comprehensive as the coverage defined in section \n 1302(b);\n ``(B) will provide coverage and cost sharing \n protections against excessive out-of-pocket spending \n that are at least as affordable as the provisions of \n this title would provide; and\n ``(C) will result in cost savings to the Federal \n Government because the cost of providing health care \n benefits to individuals through the pool will be less \n than the cost of providing health care benefits to such \n individuals had they become participants in a qualified \n health plan offered through an Exchange, and so the \n payment amount under subsection (b) will be less than \n the total of premium tax credits, cost-sharing \n reductions, or small business credits that would \n otherwise be required if individuals and small \n employers in the pool were instead participants in an \n Exchange.\n ``(3) Consideration.--Not later than 90 days after the date \n of the enactment of this section, the Secretary shall \n promulgate regulations relating to pass through of funding \n under this section. The Secretary shall begin accepting \n applications under this section no later than 180 days after \n such date of enactment.\n ``(4) Additional consequences of approval.--An individual \n receiving health care benefits through such a pool for which \n such an application is approved under this section shall be \n treated, for purposes of section 5000A of the Internal Revenue \n Code of 1986, as being covered under minimum essential coverage \n described in subsection (f)(1)(E) of such section.\n ``(b) Pass Through of Funding.--\n ``(1) In general.--With respect to a pool application under \n subsection (a)(1), under which individuals and small employers \n in the pool would not qualify for the premium tax credits, \n cost-sharing reductions, or small business credits under \n sections 36B or 45R of the Internal Revenue Code of 1986 for \n which they would otherwise be eligible if they had entered an \n Exchange, the Secretary shall provide for an alternative means \n by which an aggregate amount determined under paragraph (2) \n shall be paid to the pool for purposes of implementing the \n application.\n ``(2) Payment determination.--The amount to be paid under \n paragraph (1) shall be determined--\n ``(A) based on the sum of premium tax credits, \n cost-sharing reductions, and small business credits \n under sections 36B or 45R of the Internal Revenue Code \n of 1986 that would have been provided with respect to \n individuals in the pool had the health care benefits \n provided by the pool been a qualified health plan \n offered in an Exchange, but taking into account the \n lower cost of providing health care benefits to \n individuals through the pool; and\n ``(B) annually by the Secretary, taking into \n consideration the experience of individuals and small \n employers participating in Exchanges.\n ``(c) Timely Determination by Secretary.--The Secretary shall make \na determination under subsection (a)(1) with respect to the application \nof a pool not later than 180 days after the date of receipt of such \napplication, and shall notify the pool involved of such determination.\n ``(d) Definitions.--In this section:\n ``(1) The term `public entity' means a county, \n municipality, special district, school district, junior college \n district, housing authority, or other political subdivision or \n public entity defined under State law.\n ``(2) The term `State authorized public entity health \n benefits pool' means a risk pool authorized or permitted by \n State statute or otherwise regulated by a State agency under \n which--\n ``(A) a public entity or group of public entities, \n directly or through a pool, provide health care \n benefits primarily for public entity officials, \n employees, and retirees and their dependents; and \n officials, employees, and retirees and dependents of \n affiliated service contractors of such public entities; \n and\n ``(B) such pool may provide health care benefits \n from the assets of the pool or its member public \n entities through any combination of self-funded \n arrangements or fully insured products.\n ``(3) The term `affiliated service contractor' means an \n organization that provides governmental or quasi-governmental \n services on behalf of a public entity when such contractor is \n eligible to obtain health care benefits through a state \n authorized public entity health benefits pool for its \n officials, employees, retirees and their dependents.''.","summary":"Amends the Patient Protection and Affordable Care Act (PPACA) to allow a state-authorized public entity benefits pool to apply to the Secretary of Health and Human Services (HHS) for pass-through funding with respect to health care benefits provided through the pool for coverage years beginning on or after January 1, 2014. Requires the Secretary to approve such a pool if the health care benefits provided through it will: (1) provide at least the essential health benefits, (2) provide coverage and cost-sharing protections against excessive out-of-pocket spending that are at least as affordable as the health insurance requirements of PPACA would provide, and (3) result in cost savings to the federal government because the cost of coverage through the pool is less than the cost of coverage through an exchange. Treats an individual covered under such a plan as having minimum essential coverage for purposes of the Internal Revenue Code. Requires the Secretary to provide for an alternative means by which an aggregate amount shall be paid to the pool annually based on the premium tax credits, cost-sharing reductions, and small business credits that would have been provided to an exchange plan. Gives the Secretary 180 days to make a determination on an application under this Act.","title":"To amend the Patient Protection and Affordable Care Act to provide for savings to the Federal Government by permitting pass-through funding for State authorized public entity health benefits pools.","text_len":6497,"sum_len":1292} {"bill_id":"107_hr3398","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer and Retail Sales Stimulus \nAct of 2001''.\n\nSEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS.\n\n (a) In General.--The Secretary shall reimburse each State for the \namount of State and local sales tax payable and not collected during \nthe sales tax holiday period.\n (b) Determination and Timing of Reimbursement.--\n (1) Predetermined amount.--Not later than 30 days after the \n expiration of the sales tax holiday period, the Secretary shall \n pay to each State an amount equal to the sum of--\n (A)(i) the amount of State and local sales tax \n payable and collected in such State during the same \n period in 2000 as the sales tax holiday period, times\n (ii) an acceleration factor equal to 1.73, plus\n (B) an amount equal to 1 percent of the amount \n determined under subparagraph (A) for State \n administrative costs.\n (2) Reconciliation amount.--Not later than 60 days after \n the expiration of the sales tax holiday period, the Secretary \n shall pay to each electing State under subsection (c)(2) an \n amount equal to the excess (if any) of--\n (A) the amount of State and local sales tax payable \n and not collected in such State during the sales tax \n holiday period, over\n (B) the amount determined under paragraph (1)(A) \n and paid to such State.\n (c) Requirement for Reimbursement.--The Secretary may not pay a \nreimbursement under this section unless--\n (1) the chief executive officer of the State informs the \n Secretary, not later than 10 days after the date of the \n enactment of this Act, of the intention of the State to qualify \n for such reimbursement by not collecting sales tax payable \n during the sales tax holiday period,\n (2) in the case of a State which elects to receive the \n reimbursement of a reconciliation amount under subsection \n (b)(2)--\n (A) the chief executive officer of the State \n informs the Secretary and the Director of Management \n and Budget and the retail sellers of tangible property \n in such State, not later than 10 days after the date of \n the enactment of this Act, of the intention of the \n State to make such an election,\n (B) the chief executive officer of the State \n informs the retail sellers of tangible property in such \n State, not later than 10 days after the date of the \n enactment of this Act, of the intention of the State to \n make such an election and the additional information \n (if any) that will be required as an addendum to the \n standard reports required of such retail sellers with \n respect to the reporting periods including the sales \n tax holiday period,\n (C) the chief executive officer reports to the \n Secretary and the Director of Management and Budget, \n not later than 45 days after the expiration of the \n sales tax holiday period, the amount determined under \n subsection (b)(2) in a manner specified by the \n Secretary,\n (D) if amount determined under subsection (b)(1)(A) \n and paid to such State exceeds the amount determined \n under subsection (b)(2)(A), the chief executive officer \n agrees to remit to the Secretary such excess not later \n than 60 days after the expiration of the sales tax \n holiday period, and\n (E) the chief executive officer of the State \n certifies that such State--\n (i) in the case of any retail seller unable \n to identify and report sales which would \n otherwise be taxable during the sales tax \n holiday period, shall treat the reporting by \n such seller of sales revenue during such \n period, multiplied by the ratio of taxable \n sales to total sales for the same period in \n 2000 as the sales tax holiday period, as a good \n faith effort to comply with the requirements \n under subparagraph (B), and\n (ii) shall not treat any such retail seller \n of tangible property who has made such a good \n faith effort liable for any error made as a \n result of such effort to comply unless it is \n shown that the retailer acted recklessly or \n fraudulently,\n (3) in the case of any home rule State, the chief executive \n officer of such State certifies that all local governments that \n impose sales taxes in such State agree to provide a sales tax \n holiday during the sales tax holiday period,\n (4) the chief executive officer of the State agrees to pay \n each local government's share of the reimbursement (as \n determined under subsection (d)) not later than 20 days after \n receipt of such reimbursement, and\n (5) in the case of not more than 20 percent of the States \n which elect to receive the reimbursement of a reconciliation \n amount under subsection (b)(2), the Director of Management and \n Budget certifies the amount of the reimbursement required under \n subsection (b)(2) based on the reports by the chief executive \n officers of such States under paragraph (2)(C).\n (d) Determination of Reimbursement of Local Sales Taxes.--For \npurposes of subsection (c)(4), a local government's share of the \nreimbursement to a State under this section shall be based on the ratio \nof the local sales tax to the State sales tax for such State for the \nsame time period taken into account in determining such reimbursement, \nbased on data published by the Bureau of the Census.\n (e) Definitions.--For purposes of this section--\n (1) Home rule state.--The term ``home rule State'' means a \n State that does not control imposition and administration of \n local taxes.\n (2) Local.--The term ``local'' means a city, county, or \n other subordinate revenue or taxing authority within a State.\n (3) Sales tax.--The term ``sales tax'' means--\n (A) a tax imposed on or measured by general retail \n sales of taxable tangible property, or services \n performed incidental to the sale of taxable tangible \n property, that is--\n (i) calculated as a percentage of the \n price, gross receipts, or gross proceeds, and\n (ii) can or is required to be directly \n collected by retail sellers from purchasers of \n such property,\n (B) a use tax, or\n (C) the Illinois Retailers' Occupation Tax, as \n defined under the law of the State of Illinois,\n but excludes any tax payable with respect to food and beverages \n sold for immediate consumption on the premises, beverages \n containing alcohol, and tobacco products.\n (4) Sales tax holiday period.--The term ``sales tax holiday \n period'' means the 30-day period beginning on the 21st day \n occurring after the date of the enactment of this Act.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n (6) State.--The term ``State'' means any of the several \n States, the District of Columbia, or the Commonwealth of Puerto \n Rico.\n (7) Use tax.--The term ``use tax'' means a tax imposed on \n the storage, use, or other consumption of tangible property \n that is not subject to sales tax.","summary":"Consumer and Retail Sales Stimulus Act of 2001 - Directs the Secretary of the Treasury to reimburse States for the amount of State and local sales tax payable and not collected during the sales tax holiday period. Sets forth requirements and formulae for determining the amount and timing of reimbursement.","title":"To provide Federal reimbursement to State and local governments for a 30-day sales, use, and retailers' occupation tax holiday.","text_len":8406,"sum_len":306} {"bill_id":"115_hr328","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Incentives for our Nation's Veterans \nin Energy Sustainability Technologies'' or as the ``INVEST Act''.\n\nSEC. 2. WORK OPPORTUNITY TAX CREDIT FOR VETERANS HIRED IN THE FIELD OF \n RENEWABLE ENERGY.\n\n (a) In General.--Section 51(d)(14) of the Internal Revenue Code of \n1986 is amended to read as follows:\n ``(14) Certain veterans hired in the field of renewable \n energy.--\n ``(A) In general.--For purposes of this subpart, an \n individual shall be treated a member of a targeted \n group if such individual is a specified veteran, but \n qualified wages with respect to such individual shall \n include only wages attributable to services rendered in \n a field of renewable energy.\n ``(B) Specified veteran.--For purposes of this \n paragraph, the term `specified veteran' means any \n veteran (as defined in paragraph (3)) who is certified \n by the designated local agency as--\n ``(i) having received a credential or \n certification from the Department of Defense of \n military occupational specialty or skill in a \n field of renewable energy or with respect to \n advanced manufacturing, machinist or welding, \n or engineering,\n ``(ii) having completed a vocational degree \n in a field of renewable energy during the 1-\n year period ending on the hiring date, or\n ``(iii) having completed a LEED \n certification with the United States Green \n Building Council.\n ``(C) Renewable energy.--For purposes of this \n paragraph, renewable energy means resources that rely \n on fuel sources that restore themselves over short \n periods of time and do not diminish, including the sun, \n wind, moving water, organic plant and waste material, \n and the earth's heat.''.\n (b) Treatment of Possessions.--\n (1) Payments to possessions.--\n (A) Mirror code possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States with a mirror code tax system amounts equal to \n the loss to that possession by reason of the amendment \n made by this section. Such amounts shall be determined \n by the Secretary of the Treasury based on information \n provided by the government of the respective possession \n of the United States.\n (B) Other possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States which does not have a mirror code tax system the \n amount estimated by the Secretary of the Treasury as \n being equal to the loss to that possession that would \n have occurred by reason of the amendment made by this \n section if a mirror code tax system had been in effect \n in such possession. The preceding sentence shall not \n apply with respect to any possession of the United \n States unless such possession establishes to the \n satisfaction of the Secretary that the possession has \n implemented (or, at the discretion of the Secretary, \n will implement) an income tax benefit which is \n substantially equivalent to the income tax credit in \n effect after the amendments made by this section.\n (2) Coordination with credit allowed against united states \n income taxes.--The credit allowed against United States income \n taxes for any taxable year under the amendment made by this \n section to section 51 of the Internal Revenue Code of 1986 to \n any person with respect to any qualified veteran shall be \n reduced by the amount of any credit (or other tax benefit \n described in paragraph (1)(B)) allowed to such person against \n income taxes imposed by the possession of the United States by \n reason of this subsection with respect to such qualified \n veteran for such taxable year.\n (3) Definitions and special rules.--\n (A) Possession of the united states.--For purposes \n of this subsection, the term ``possession of the United \n States'' includes American Samoa, Guam, the \n Commonwealth of the Northern Mariana Islands, the \n Commonwealth of Puerto Rico, and the United States \n Virgin Islands.\n (B) Mirror code tax system.--For purposes of this \n subsection, the term ``mirror code tax system'' means, \n with respect to any possession of the United States, \n the income tax system of such possession if the income \n tax liability of the residents of such possession under \n such system is determined by reference to the income \n tax laws of the United States as if such possession \n were the United States.\n (C) Treatment of payments.--For purposes of section \n 1324(b)(2) of title 31, United States Code, the \n payments under this subsection shall be treated in the \n same manner as a refund due from credit provisions \n described in such section.\n (c) Effective Date.--The amendment made by this section shall apply \nto individuals who begin work for the employer after December 31, 2016.","summary":"Incentives for our Nation's Veterans in Energy Sustainability Technologies ornbsp. The INVEST Act This bill amends the Internal Revenue Code to allow the work opportunity tax credit for the hiring of a specified veteran who works innbsp. A field of renewable energy. A specified veteran means any veteran who is certified as: (1) having received a credential or certification from the Department of Defense of a military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering. (2) having completed a vocational degree in a field of renewable energy, or (3) having completed a LEED nbsp. Certification with the United States Green Building Council. The Department of the Treasury shall pay: (1) each US possession with a mirror code tax system amounts equal to the loss to such possession due to this Act. And (2) each US possession without such a tax system an amount estimated to equal the loss to such possession that would have occurred due to this Act if such a tax system had been in effect.","title":"Incentives for our Nation\u2019s Veterans in Energy Sustainability Technologies","text_len":6030,"sum_len":1084} {"bill_id":"103_hr2837","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Television and Radio Program \nViolence Reduction Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Television and radio programming are bringing ever-\n increasing levels of violent programming into the American \n home. Over 25 percent of prime-time television shows contain \n `very violent' material, according to the National Coalition on \n Television Violence.\n (2) Prime time violence tripled during the 1980's, the \n American Academy of Pediatrics reports.\n (3) Programs developed for children are especially violent. \n A University of Pennsylvania study found that children's \n programming contains over 30 violent acts per hour.\n (4) Before the average child finishes grade school, he or \n she sees 8,000 murders and 100,000 acts of violence on \n television.\n (5) Numerous academic studies have built up astonishing \n evidence that shows children tend to imitate the behavior they \n see on television. The National Institute of Mental Health \n finds that violence on television leads to aggressive behavior \n by children and teenagers who watch violent programs.\n (6) Three different Surgeons General, the Attorney \n General's Task Force on Family Violence, the American Medical \n Association, the American Psychiatric Association, the American \n Academy of Pediatrics, and other authorities have all found \n that viewing televised violence is harmful to children.\n (7) Americans watch enormous amounts of television, and \n many children will watch television for twice as many hours \n (22,000 hours) as they attend school.\n (8) Many children watch violent television programs without \n adult supervision or guidance.\n (9) More than 20 years of research has led to a consensus \n that watching televised violence increases children's \n aggressiveness and desensitizes them to the effects and \n implications of violence, and the solidity of the agreement \n among respected scientists that televised violence is harmful \n nullifies arguments to the contrary by the television industry.\n (10) There is a need to find solutions that limit the \n harmful influence of television and radio violence and yet \n maintain our freedom of expression.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``violence'' means any action that has as an \n element the use or threatened use of physical force against the \n person of another, or against one's self, with intent to cause \n bodily harm to such person or one's self. For purposes of this \n Act, an action may involve violence regardless of whether or \n not such action or threat of action occurs in a realistic or \n serious context or in a humorous or cartoon type context.\n (2) The term ``programming'' includes cartoons.\n (3) The term ``child'' or ``children'' means any individual \n or individuals under 18 years of age.\n (4) The term ``person'' shall have the same meaning given \n that term under section 602(14) of the Communications Act of \n 1934 (47 U.S.C. 522(14)).\n (5) The term ``cable operator'' shall have the same meaning \n given that term under section 602(4) of the Communications Act \n of 1934 (47 U.S.C. 522(4)).\n (6) The term ``cable service'' shall have the same meaning \n given that term under section 602(5) of the Communications Act \n of 1934 (47 U.S.C. 522(5)).\n (7) The term ``television or radio broadcast licensee'' \n means a ``licensee'' as defined in section 3(c) of the \n Communications Act of 1934 (47 U.S.C. 153(c)) authorized to \n engage in television or radio broadcasting, including \n independent television broadcasting.\n (8) The term ``franchising authority'' shall have the same \n meaning given that term under section 602(10) of the \n Communications Act of 1934 (47 U.S.C. 522(10)).\n\nSEC. 4. RULEMAKING REQUIRED.\n\n (a) Standards.--The Federal Communications Commission shall, within \n60 days after the date of the enactment of this section, initiate a \nrulemaking proceeding to prescribe standards applicable to television \nand radio broadcast licensees and cable operators providing cable \nservice under a franchise granted by a franchising authority, requiring \nsuch television or radio broadcast licensees and cable operators, \nincluding cable programmers, to reduce the broadcasting of all video \nand audio programming which contains violence.\n (b) Final Standards.--The Commission shall, within 150 days \nfollowing the date of the enactment of this Act, prescribe final \nstandards in accordance with this section.\n\nSEC. 5. VIOLATIONS.\n\n (a) Violations.--If a person violates any rule or regulation issued \nor promulgated pursuant to section 3, the Federal Communications \nCommission shall, after notice and opportunity for hearing, impose on \nthe person a civil fine of not more than $5,000. For purposes of this \nsubsection, each program in violation constitutes a separate violation.\n (b) Intentional Violations.--If a person intentionally violates any \nrule or regulation issued or promulgated pursuant to section 3, the \nFederal Communications Commission shall, after notice and opportunity \nfor hearing, impose on the person a civil fine of not less than $10,000 \nor more than $25,000. For purposes of this subsection, each program in \nviolation constitutes a separate violation.\n (c) Repeated Violations.--If a person repeatedly violates any rule \nor regulation issued or promulgated pursuant to section 3, the Federal \nCommunications Commission shall, after notice and opportunity for \nhearing, immediately repeal the person's broadcast license in the case \nof a broadcaster, and immediately repeal the person's satellite license \nin the case of the cable operator.\n\nSEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING.\n\n The Federal Communications Commission may exempt, as public \ninterest requires, certain video and audio programming from the \nrequirements of section 3, including news broadcasts, sporting events, \neducational programming and documentaries.\n\nSEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL.\n\n The Federal Communications Commission shall consider, among the \nelements in its review of an application for renewal of a television or \nradio broadcast license, including an independent television \nbroadcaster, whether the licensee has complied with the standards \nrequired to be prescribed under section 3 of this Act.","summary":"Television and Radio Program Violence Reduction Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television and radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. Authorizes the FCC to exempt, as public interest requires, certain video and audio programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television or radio broadcast license, whether the licensee has complied with this Act.","title":"Television and Radio Program Violence Reduction Act of 1993","text_len":6892,"sum_len":675} {"bill_id":"110_hr4206","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Fracture Prevention and \nOsteoporosis Testing Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since 1997, Congress has recognized the importance of \n osteoporosis prevention by standardizing reimbursement under \n the Medicare program for bone mass measurement.\n (2) One decade later, osteoporosis remains underdiagnosed \n and untreated despite numerous Federal initiatives, including \n recommendations of the United States Preventive Services Task \n Force, the 2004 United States Surgeon General's Report on Bone \n Health and Osteoporosis, and inclusion of bone mass measurement \n in the Welcome to Medicare exam.\n (3) Even though osteoporosis is a highly manageable \n disease, many patients lack access to early diagnosis that can \n prevent debilitating fractures, morbidity, and loss of \n mobility.\n (4) Although Caucasians are most likely to sustain \n osteoporosis fractures, the cost of fractures among the \n nonwhite population is projected to increase by as much as 180 \n percent over the next 20 years.\n (5) Black women are more likely than White women to die \n following a hip fracture.\n (6) Osteoporosis is a critical women's health issue. Women \n account for 71 percent of fractures and 75 percent of \n osteoporosis-associated costs.\n (7) The World Health Organization, the Centers for Medicare \n & Medicaid Services, and other medical experts concur that the \n most widely accepted method of measuring bone mass to predict \n fracture risk is dual-energy x-ray absorptiometry (in this Act \n referred to as ``DXA''). Vertebral fracture assessment (in this \n Act referred to as ``VFA'') is another test used to identify \n patients at high risk for future fracture.\n (8) Unlike other imaging procedures, bone mass measurement \n testing remains severely underutilized with less than 20 \n percent of eligible Medicare beneficiaries taking advantage of \n the benefit.\n (9) Underutilization of bone mass measurement will strain \n the Medicare budget because--\n (A) 55 percent of the people age 50 and older in \n 2002 had osteoporosis or low bone mass;\n (B) more than 61,000,000 people in the United \n States are projected to have osteoporosis or low bone \n mass in 2020, as compared to 43,000,000 in 2002;\n (C) osteoporosis fractures are projected to \n increase by almost 50 percent over the next 2 decades \n with at least 3,000,000 fractures expected to occur \n annually by 2025;\n (D) the population aged 65 and older represents 89 \n percent of fracture costs; and\n (E) the economic burden of osteoporosis fractures \n are projected to increase by 50 percent over the next 2 \n decades, reaching $25,300,000,000 in 2025.\n (10) Underutilization of bone mass measurement will also \n strain the Medicaid budget, which funds treatment for \n osteoporosis in low-income Americans.\n (11) Reimbursement under the Medicare program for DXA \n provided in physician offices and other non-hospital settings \n was reduced by 40 percent and will be reduced by a total of 75 \n percent by 2010. This drop represents one of the largest \n reimbursement reductions in the history of the Medicare \n program. Reimbursement for VFA will also be reduced by 50 \n percent by 2010.\n (12) The reduction in reimbursement discourages physicians \n from continuing to provide access to DXA or VFA in their \n offices. Since two-thirds of all DXA scans are performed in \n nonfacility settings, such as physician offices, patient access \n to bone mass measurement will be severely compromised when \n physicians discontinue providing those tests in their offices, \n thereby exacerbating the current underutilization of the \n benefit.\n\nSEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.\n\n (a) In General.--Section 1848(b) of the Social Security Act (42 \nU.S.C. 1395w-4(b)) is amended by adding at the end the following:\n ``(5) Treatment of bone mass scans.--Notwithstanding the \n provisions of paragraph (1), the Secretary shall establish a \n national minimum payment amount for CPT code 77080 (relating to \n dual-energy x-ray absorptiometry) and CPT code 77082 (relating \n to vertebral fracture assessment), and any successor to such \n codes as identified by the Secretary. Such minimum payment \n amount shall not be less than 100 percent of the reimbursement \n rates in effect for such codes (or predecessor codes) on \n December 31, 2006.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to bone mass measurement furnished on or after January 1, 2008.\n\nSEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.\n\n (a) In General.--The Secretary of Health and Human Services shall \nenter into an arrangement with the Institute of Medicine of the \nNational Academies to conduct a study on the following:\n (1) The ramifications of Medicare reimbursement reductions \n for DXA and VFA on beneficiary access to bone mass measurement \n benefits in general and in rural and minority communities \n specifically.\n (2) Methods to increase use of bone mass measurement by \n Medicare beneficiaries.\n (b) Report.--The agreement entered into under subsection (a) shall \nprovide for the Institute of Medicine to submit to the Secretary and \nthe Congress, not later than 1 year after the date of the enactment of \nthis Act, a report containing a description of the results of the study \nconducted under such subsection and the conclusions and recommendations \nof the Institute of Medicine regarding each of the issues described in \nparagraphs (1) and (2) of such subsection.","summary":"Medicare Fracture Prevention and Osteoporosis Testing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 and CPT code 77082 , and any successor to such codes as identified by the Secretary . Directs the Secretary to arrange with the Institute of Medicine of the National Academies to conduct a study for a report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits. And (2) the methods to increase use of bone mass measurement by Medicare beneficiaries.","title":"To amend title XVIII of the Social Security Act to improve access to, and increase utilization of, bone mass measurement benefits under the Medicare part B Program.","text_len":6319,"sum_len":705} {"bill_id":"114_s3233","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Affordable Childcare for \nEveryone Act'' or the ``PACE Act''.\n\nSEC. 2. REFUNDABILITY OF CHILD AND DEPENDENT CARE TAX CREDIT.\n\n (a) In General.--The Internal Revenue Code of 1986 is amended--\n (1) by redesignating section 21 as section 36C, and\n (2) by moving section 36C, as so redesignated, from subpart \n A of part IV of subchapter A of chapter 1 to the location \n immediately before section 37 in subpart C of part IV of \n subchapter A of chapter 1.\n (b) Technical Amendments.--\n (1) Paragraph (1) of section 23(f) of the Internal Revenue \n Code of 1986 is amended by striking ``21(e)'' and inserting \n ``36C(e)''.\n (2) Paragraph (6) of section 35(g) of such Code is amended \n by striking ``21(e)'' and inserting ``36C(e)''.\n (3) Paragraph (1) of section 36C(a) of such Code (as \n redesignated by subsection (a)) is amended by striking ``this \n chapter'' and inserting ``this subtitle''.\n (4) Subparagraph (C) of section 129(a)(2) of such Code is \n amended by striking ``section 21(e)'' and inserting ``section \n 36C(e)''.\n (5) Paragraph (2) of section 129(b) of such Code is amended \n by striking ``section 21(d)(2)'' and inserting ``section \n 36C(d)(2)''.\n (6) Paragraph (1) of section 129(e) of such Code is amended \n by striking ``section 21(b)(2)'' and inserting ``section \n 36C(b)(2)''.\n (7) Subsection (e) of section 213 of such Code is amended \n by striking ``section 21'' and inserting ``section 36C''.\n (8) Subparagraph (H) of section 6213(g)(2) of such Code is \n amended by striking ``section 21'' and inserting ``section \n 36C''.\n (9) Subparagraph (L) of section 6213(g)(2) of such Code is \n amended by striking ``section 21, 24, or 32,'' and inserting \n ``section 24, 32, or 36C,''.\n (10) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``36C,'' after ``36B,''.\n (11) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 36B \n the following:\n\n``Sec. 36C. Expenses for household and dependent care services \n necessary for gainful employment.''.\n (12) The table of sections for subpart A of such part IV is \n amended by striking the item relating to section 21.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.\n\nSEC. 3. ENHANCEMENT OF THE CHILD AND DEPENDENT CARE TAX CREDIT.\n\n (a) In General.--Section 36C of the Internal Revenue Code of 1986, \nas redesignated by section 2 of this Act, is amended--\n (1) in paragraph (1) of subsection (a), by striking ``35 \n percent reduced (but not below 20 percent)'' and inserting ``50 \n percent reduced (but not below 35 percent)'',\n (2) by redesignating subsection (f) as subsection (g), and\n (3) by inserting after subsection (e) the following new \n subsection:\n ``(f) Inflation Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning after 2016, each of the dollar amounts in subsections \n (a)(2) and (c) shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2015' for `calendar year 1992' in \n subparagraph (B) thereof.\n ``(2) Rounding.--If any increase determined under paragraph \n (1) is not a multiple of $50, such increase shall be rounded to \n the nearest multiple of $50.''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.\n\nSEC. 4. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE \n ASSISTANCE.\n\n (a) In General.--Subparagraph (A) of section 129(a)(2) of the \nInternal Revenue Code of 1986 (relating to dependent care assistance \nprograms) is amended by striking ``$5,000 ($2,500'' and inserting \n``$7,500 (half such dollar amount''.\n (b) Inflation Adjustment.--Paragraph (2) of section 129(a) of such \nCode is amended by redesignating subparagraph (C) as subparagraph (D) \nand by inserting after subparagraph (B) the following new subparagraph:\n ``(C) Inflation adjustment.--In the case of any \n taxable year beginning in a calendar year after 2017, \n the $7,500 amount in subparagraph (A) shall be \n increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2016' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n Any increase determined under the preceding sentence \n shall be rounded to the nearest multiple of $100.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.","summary":"Promoting Affordable Childcare for Everyone Act or the PACE Act This bill amends the Internal Revenue Code, with respect to the tax credit for expenses for household and dependent care services necessary for gainful employment , to: (1) make the credit refundable, (2) increase the rate for the credit, and (3) require the dollar amounts for such credit to be adjusted for inflation after 2016. The bill also increases the amount of employer-provided dependent care assistance which may be excluded from the gross income of an employee and requires the increased exclusion amount to be adjusted for inflation after 2017.","title":"PACE Act","text_len":5788,"sum_len":620} {"bill_id":"115_s1753","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SAFE Transitional License Act''.\n\nSEC. 2. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.\n\n (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 \nU.S.C. 5101 et seq.) is amended by adding at the end the following:\n\n``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.\n\n ``(a) Temporary Authority To Originate Loans for Loan Originators \nMoving From a Depository Institution to a Non-Depository Institution.--\n ``(1) In general.--Upon employment by a State-licensed \n mortgage company, an individual who is a registered loan \n originator shall be deemed to have temporary authority to act \n as a loan originator in an application State for the period \n described in paragraph (2) if the individual--\n ``(A) has not had an application for a loan \n originator license denied, or had such a license \n revoked or suspended in any governmental jurisdiction;\n ``(B) has not been subject to or served with a \n cease and desist order in any governmental jurisdiction \n or as described in section 1514(c);\n ``(C) has not been convicted of a felony that would \n preclude licensure under the law of the application \n State;\n ``(D) has submitted an application to be a State-\n licensed loan originator in the application State; and\n ``(E) was registered in the Nationwide Mortgage \n Licensing System and Registry as a loan originator \n during the 12-month period preceding the date of \n submission of the information required under section \n 1505(a).\n ``(2) Period.--The period described in this paragraph shall \n begin on the date on which the individual submits the \n information required under section 1505(a) and shall end on the \n earliest of--\n ``(A) the date on which the individual withdraws \n the application to be a State-licensed loan originator \n in the application State;\n ``(B) the date on which the application State \n denies, or issues a notice of intent to deny, the \n application;\n ``(C) the date on which the application State \n grants a State license; or\n ``(D) the date that is 120 days after the date on \n which the individual submits the application, if the \n application is listed on the Nationwide Mortgage \n Licensing System and Registry as incomplete.\n ``(b) Temporary Authority To Originate Loans for State-Licensed \nLoan Originators Moving Interstate.--\n ``(1) In general.--A State-licensed loan originator shall \n be deemed to have temporary authority to act as a loan \n originator in an application State for the period described in \n paragraph (2) if the State-licensed loan originator--\n ``(A) meets the requirements of subparagraphs (A), \n (B), (C), and (D) of subsection (a)(1);\n ``(B) is employed by a State-licensed mortgage \n company in the application State; and\n ``(C) was licensed in a State that is not the \n application State during the 30-day period preceding \n the date of submission of the information required \n under section 1505(a) in connection with the \n application submitted to the application State.\n ``(2) Period.--The period described in this paragraph shall \n begin on the date on which the State-licensed loan originator \n submits the information required under section 1505(a) in \n connection with the application submitted to the application \n State and end on the earliest of--\n ``(A) the date on which the State-licensed loan \n originator withdraws the application to be a State-\n licensed loan originator in the application State;\n ``(B) the date on which the application State \n denies, or issues a notice of intent to deny, the \n application;\n ``(C) the date on which the application State \n grants a State license; or\n ``(D) the date that is 120 days after the date on \n which the State-licensed loan originator submits the \n application, if the application is listed on the \n Nationwide Mortgage Licensing System and Registry as \n incomplete.\n ``(c) Applicability.--\n ``(1) Employer of loan originators.--Any person employing \n an individual who is deemed to have temporary authority to act \n as a loan originator in an application State pursuant to this \n section shall be subject to the requirements of this title and \n to applicable State law to the same extent as if such \n individual was a State-licensed loan originator licensed by the \n application State.\n ``(2) Engaging in mortgage loan activities.--Any individual \n who is deemed to have temporary authority to act as a loan \n originator in an application State pursuant to this section and \n who engages in residential mortgage loan origination activities \n shall be subject to the requirements of this title and to \n applicable State law to the same extent as if such individual \n was a State-licensed loan originator licensed by the \n application State.\n ``(d) Definitions.--In this section, the following definitions \nshall apply:\n ``(1) Application state.--The term `application State' \n means a State in which a registered loan originator or a State-\n licensed loan originator seeks to be licensed.\n ``(2) State-licensed mortgage company.--The term `State-\n licensed mortgage company' means an entity licensed or \n registered under the law of any State to engage in residential \n mortgage loan origination and processing activities.''.\n (b) Table of Contents Amendment.--The table of contents in section \n1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 \nnote) is amended by inserting after the item relating to section 1517 \nthe following:\n\n``Sec. 1518. Employment transition of loan originators.''.\n (c) Effective Date.--This section and the amendments made by this \nsection shall take effect on the date that is 18 months after the date \nof enactment of this Act.","summary":"SAFE Transitional License Act This bill amends the S. A. F. E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1)nbsp. From one state to another, or (2) from a depository institution to a non-depository institution.","title":"SAFE Transitional License Act","text_len":6832,"sum_len":315} {"bill_id":"114_s13","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane Sand Dunes National \nRecreation Area Act of 2015''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--The term ``Federal land'' means land \n owned and managed by the Bureau of Land Management in \n Washington County in the State.\n (2) Map.--The term ``map'' means the map prepared by the \n Bureau of Land Management entitled ``Hurricane Sand Dunes \n National Recreation Area'' and dated November 14, 2014.\n (3) Non-federal land.--The term ``non-Federal land'' means \n the State land identified on the map as State land.\n (4) Proposed exchange parcel.--The term ``proposed exchange \n parcel'' means the approximately 1,205 acres of Bureau of Land \n Management land identified on the map as ``Proposed Exchange \n Parcel''.\n (5) Recreation area.--The term ``Recreation Area'' means \n the Hurricane Sand Dunes National Recreation Area established \n by section 3(a).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (7) State.--The term ``State'' means the State of Utah.\n\nSEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH.\n\n (a) Designation.--There is established in the State the Hurricane \nSand Dunes National Recreation Area to provide for--\n (1) the enhancement of recreational uses; and\n (2) the use of off-highway vehicles.\n (b) Boundary.--\n (1) In general.--The Recreation Area shall consist of the \n approximately 18,447 acres of Bureau of Land Management land in \n the State identified on the map as ``Open OHV Area''.\n (2) Exclusion.--The proposed exchange parcel shall be \n excluded from the Recreation Area.\n (c) Administration of Recreation Area and Proposed Exchange \nParcel.--The Secretary, acting through the Director of the Bureau of \nLand Management, shall--\n (1) administer the Recreation Area and proposed exchange \n parcel--\n (A) in accordance with--\n (i) the applicable Federal laws (including \n regulations) and rules applicable to the Bureau \n of Land Management; and\n (ii) applicable land use plans; and\n (B) consistent with the administration of the Sand \n Mountain Open OHV Area, as in existence on the day \n before the date of enactment of this Act; and\n (2) only allow uses of the Recreation Area that are \n consistent with the purposes described in subsection (a).\n (d) Fish and Wildlife.--Nothing in this section affects the \njurisdiction or responsibilities of the State with respect to fish and \nwildlife in the State.\n (e) Adjacent Management.--Nothing in this section creates any \nprotective perimeter or buffer zone around the Recreation Area.\n (f) Use of Off-Highway Vehicles.--The land described in subsection \n(b)(1) shall remain open, in perpetuity, to the use of off-highway \nvehicles.\n\nSEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.\n\n (a) In General.--If the State offers to convey to the United States \ntitle to the non-Federal land, the Secretary shall--\n (1) accept the offer; and\n (2) on receipt of all right, title, and interest in and to \n the non-Federal land, convey to the State all right, title, and \n interest of the United States in and to the Federal land.\n (b) Valid Existing Rights.--The exchange authorized under \nsubsection (a) shall be subject to valid existing rights.\n (c) Title Approval.--Title to the Federal land and non-Federal land \nto be exchanged under this section shall be in a format acceptable to \nthe Secretary and the State.\n (d) Appraisals.--\n (1) In general.--The value of the Federal land and the non-\n Federal land to be exchanged under this section shall be \n determined by appraisals conducted by 1 or more independent \n appraisers retained by the State, with the consent of the \n Secretary.\n (2) Applicable law.--The appraisals under paragraph (1) \n shall be conducted in accordance with nationally recognized \n appraisal standards, including, as appropriate, the Uniform \n Appraisal Standards for Federal Land Acquisitions.\n (3) Approval.--The appraisals conducted under paragraph (1) \n shall be submitted to the Secretary and the State for approval.\n (e) Equal Value Exchange.--\n (1) In general.--The value of the Federal land and non-\n Federal land to be exchanged under this section--\n (A) shall be equal; or\n (B) shall be made equal in accordance with \n paragraph (2).\n (2) Equalization.--\n (A) Surplus of federal land.--If the value of the \n Federal land exceeds the value of the non-Federal land, \n the value of the Federal land and non-Federal land \n shall be equalized, as determined to be appropriate and \n acceptable by the Secretary and the State--\n (i) by reducing the acreage of the Federal \n land to be conveyed; or\n (ii) by adding additional State land to the \n non-Federal land to be conveyed.\n (B) Surplus of non-federal land.--If the value of \n the non-Federal land exceeds the value of the Federal \n land, the value of the Federal land and non-Federal \n land shall be equalized by reducing the acreage of the \n non-Federal land to be conveyed, as determined to be \n appropriate and acceptable by the Secretary and the \n State.\n (f) Status and Management of Non-Federal Land.--On conveyance to \nthe Secretary, the non-Federal land shall, in accordance with section \n206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be \nadded to, and administered by the Secretary as part of, the Recreation \nArea.","summary":"Hurricane Sand Dunes National Recreation Area Act of 2015 Establishes the Hurricane Sand Dunes National Recreation Area in Utah, consisting of approximately 18,447 acres of land managed by the Bureau of Land Management, to provide for the enhancement of recreational uses and the use of off-highway vehicles. Excludes 1,205 acres to be used in a land exchange under this Act. Provides for the conveyance of federal lands in Washington County, Utah, in an equal-value exchange for certain non-federal lands.","title":"Hurricane Sand Dunes National Recreation Area Act of 2015","text_len":6293,"sum_len":506} {"bill_id":"110_s183","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Improved Passenger \nAutomobile Fuel Economy Act of 2007''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--40 MPG STANDARD BY 2017\n\nSec. 101. Cafe standards for passenger automobiles.\nSec. 102. Fuel economy standard credits.\nSec. 103. Authorization of appropriations.\nSec. 104. Effective date.\n TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION\n\nSec. 201. Market-based initiatives. \nSec. 202. Implementing panel.\nSec. 203. Definitions.\n\n TITLE I--40 MPG STANDARD BY 2017\n\nSEC. 101. CAFE STANDARDS FOR PASSENGER AUTOMOBILES.\n\n (a) Average Fuel Economy Standards for Automobiles.--Section 32902 \nof title 49, United States Code, is amended--\n (1) by striking subsections (b) and (c) and inserting the \n following:\n ``(b) Passenger Automobiles.--\n ``(1) In general.--At least 18 months before the beginning \n of each model year, the Secretary of Transportation shall \n prescribe by regulation average fuel economy standards for \n passenger automobiles manufactured by a manufacturer in that \n model year. Each standard shall be the maximum feasible average \n fuel economy level that the Secretary decides the manufacturers \n can achieve in that model year. The Secretary may prescribe \n separate standards for different classes of passenger \n automobiles.\n ``(2) Minimum standard.--Except as provided in paragraph \n (3), in prescribing a standard under paragraph (1), the \n Secretary shall ensure that no manufacturer's standard for a \n particular model year is less than the greater of--\n ``(A) the standard in effect on the date of \n enactment of the Improved Passenger Automobile Fuel \n Economy Act of 2007; or\n ``(B) a standard established in accordance with the \n requirement of section 104(c)(2) of that Act.\n ``(3) 40 miles per gallon standard for model year 2017.--\n The Secretary shall prescribe an average fuel economy standard \n for passenger automobiles manufactured by a manufacturer in \n model year 2017 of 40 miles per gallon. If the Secretary \n determines that more than 1 manufacturer is not reasonably \n expected to achieve that standard, the Secretary shall notify \n the Senate Committee on Commerce, Science, and Transportation \n and the House of Representatives Committee on Energy and \n Commerce of that determination.\n ``(c) Flexibility of Authority.--\n ``(1) In general.--The authority of the Secretary to \n prescribe by regulation average fuel economy standards for \n automobiles under this section includes the authority to \n prescribe standards based on one or more vehicle attributes \n that relate to fuel economy, and to express the standards in \n the form of a mathematical function. The Secretary may issue a \n regulation prescribing standards for one or more model years.\n ``(2) Required lead-time.--When the Secretary prescribes an \n amendment to a standard under this section that makes an \n average fuel economy standard more stringent, the Secretary \n shall prescribe the amendment at least 18 months before the \n beginning of the model year to which the amendment applies.\n ``(3) No across-the-board increases.--When the Secretary \n prescribes a standard, or prescribes an amendment under this \n section that changes a standard, the standard may not be \n expressed as a uniform percentage increase from the fuel-\n economy performance of automobile classes or categories already \n achieved in a model year by a manufacturer.'';\n (2) by inserting ``motor vehicle safety, emissions,'' in \n subsection (f) after ``economy,'';\n (3) by striking ``energy.'' in subsection (f) and inserting \n ``energy and reduce its dependence on oil for \n transportation.'';\n (4) by striking subsection (j) and inserting the following:\n ``(j) Notice of Final Rule.--Before taking final action on a \nstandard or an exemption from a standard under this section, the \nSecretary of Transportation shall notify the Secretary of Energy and \nthe Administrator of the Environmental Protection Agency and provide \nthem a reasonable time to comment on the standard or exemption.''; and\n (5) by adding at the end thereof the following:\n ``(k) Costs-Benefits.--The Secretary of Transportation may not \nprescribe an average fuel economy standard under this section that \nimposes marginal costs that exceed marginal benefits, as determined at \nthe time any change in the standard is promulgated.''.\n (b) Exemption Criteria.--The first sentence of section \n32904(b)(6)(B) of title 49, United States Code, is amended--\n (1) by striking ``exemption would result in reduced'' and \n inserting ``manufacturer requesting the exemption will \n transfer'';\n (2) by striking ``in the United States'' and inserting \n ``from the United States''; and\n (3) by inserting ``because of the grant of the exemption'' \n after ``manufacturing''.\n (c) Conforming Amendments.--\n (1) Section 32902 of title 49, United States Code, is \n amended--\n (A) by striking ``or (c)'' in subsection (d)(1);\n (B) by striking ``(c),'' in subsection (e)(2);\n (C) by striking ``subsection (a) or (d)'' each \n place it appears in subsection (g)(1) and inserting \n ``subsection (a), (b), or (d)'';\n (D) by striking ``(1) The'' in subsection (g)(1) \n and inserting ``The'';\n (E) by striking subsection (g)(2); and\n (F) by striking ``(c),'' in subsection (h) and \n inserting ``(b),''.\n (2) Section 32903 of such title is amended by striking \n ``section 32902(b)-(d)'' each place it appears and inserting \n ``subsection (b) or (d) of section 32902''.\n (3) Section 32904(a)(1)(B) of such title is amended by \n striking ``section 32902(b)-(d)'' and inserting ``subsection \n (b) or (d) of section 32902''.\n (4) The first sentence of section 32909(b) of such title is \n amended to read ``The petition must be filed not later than 59 \n days after the regulation is prescribed.''.\n (5) Section 32917(b)(1)(B) of such title is amended by \n striking ``or (c)''.\n\nSEC. 102. FUEL ECONOMY STANDARD CREDITS.\n\n (a) In General.--Section 32903 of title 49, United States Code, is \namended by striking the second sentence of subsection (a) and inserting \n``The credits--\n ``(1) may be applied to any of the 3 model years \n immediately following the model year for which the credits are \n earned; or\n ``(2) transferred to the registry established under section \n 201 of the Improved Passenger Automobile Fuel Economy Act of \n 2007.''.\n (b) Greenhouse Gas Credits Applied to CAFE Standards.--Section \n32903 of title 49, United States Code, is amended by adding at the end \nthe following:\n ``(g) Greenhouse Gas Credits.--\n ``(1) In general.--A manufacturer may apply credits \n purchased through the registry established by section 201 of \n the Improved Passenger Automobile Fuel Economy Act of 2007 \n toward any model year after model year 2010 under subsection \n (d), subsection (e), or both.\n ``(2) Limitation.--A manufacturer may not use credits \n purchased through the registry to offset more than 10 percent \n of the fuel economy standard applicable to any model year.''.\n\nSEC. 103. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nTransportation such sums as may be necessary to carry out this title \nand chapter 329 of title 49, United States Code, as amended by this \ntitle.\n\nSEC. 104. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), this title, \nand the amendments made by this title, take effect on the date of \nenactment of this Act.\n (b) Transition for Passenger Automobile Standard.--Notwithstanding \nsubsection (a), and except as provided in subsection (c)(2), until the \neffective date of a standard for passenger automobiles that is issued \nunder the authority of section 32902(b) of title 49, United States \nCode, as amended by this Act, the standard or standards in place for \npassenger automobiles under the authority of section 32902 of that \ntitle, as that section was in effect on the day before the date of \nenactment of this Act, shall remain in effect.\n (c) Rulemaking.--\n (1) Initiation of rulemaking under amended law.--Within 60 \n days after the date of enactment of this Act, the Secretary of \n Transportation shall initiate a rulemaking for passenger \n automobiles under section 32902(b) of title 49, United States \n Code, as amended by this Act.\n (2) Amendment of existing standard.--Until the Secretary \n issues a final rule pursuant to the rulemaking initiated in \n accordance with paragraph (1), the Secretary shall amend the \n average fuel economy standard prescribed pursuant to section \n 32092(b) of title 49, United States Code, with respect to \n passenger automobiles in model years to which the standard \n adopted by such final rule does not apply.\n\n TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION\n\nSEC. 201. MARKET-BASED INITIATIVES.\n\n (a) Establishment of Registry for Voluntary Trading Systems.--The \nSecretary of Commerce shall establish a national registry system for \ngreenhouse gas trading among industry under which emission reductions \nfrom the applicable baseline are assigned unique identifying numerical \ncodes by the registry. Participation in the registry is voluntary. Any \nentity conducting business in the United States may register its \nemission results, including emissions generated outside of the United \nStates, on an entity-wide basis with the registry, and may utilize the \nservices of the registry.\n (b) Purposes.--The purposes of the national registry are--\n (1) to encourage voluntary actions to reduce greenhouse gas \n emissions and increase energy efficiency, including increasing \n the fuel economy of passenger automobiles and light trucks and \n reducing the reliance by United States markets on petroleum \n produced outside the United States used to provide vehicular \n fuel;\n (2) to enable participating entities to record voluntary \n greenhouse gas emissions reductions; in a consistent format \n that is supported by third party verification;\n (3) to encourage participants involved in existing \n partnerships to be able to trade emissions reductions among \n partnerships;\n (4) to further recognize, publicize, and promote \n registrants making voluntary and mandatory reductions;\n (5) to recruit more participants in the program; and\n (6) to help various entities in the nation establish \n emissions baselines.\n (c) Functions.--The national registry shall carry out the following \nfunctions:\n (1) Referrals.--Provide referrals to approved providers for \n advice on--\n (A) designing programs to establish emissions \n baselines and to monitor and track greenhouse gas \n emissions; and\n (B) establishing emissions reduction goals based on \n international best practices for specific industries \n and economic sectors.\n (2) Uniform reporting format.--Adopt a uniform format for \n reporting emissions baselines and reductions established \n through--\n (A) the Director of the National Institute of \n Standards and Technology for greenhouse gas baselines \n and reductions generally; and\n (B) the Secretary of Transportation for credits \n under section 32903 of title 49, United States Code.\n (3) Record maintenance.--Maintain a record of all emission \n baselines and reductions verified by qualified independent \n auditors.\n (4) Encourage participation.--Encourage organizations from \n various sectors to monitor emissions, establish baselines and \n reduction targets, and implement efficiency improvement and \n renewable energy programs to achieve those targets.\n (5) Public awareness.--Recognize, publicize, and promote \n participants that--\n (A) commit to monitor their emissions and set \n reduction targets;\n (B) establish emission baselines; and\n (C) report on the amount of progress made on their \n annual emissions.\n (d) Transfer of Reductions.--The registry shall--\n (1) allow for the transfer of ownership of any reductions \n realized in accordance with the program; and\n (2) require that the registry be notified of any such \n transfer within 30 days after the transfer is effected.\n (e) Future Considerations.--Any reductions achieved under this \nprogram shall be credited against any future mandatory greenhouse gas \nreductions required by the government. Final approval of the amount and \nvalue of credits shall be determined by the agency responsible for the \nimplementation of the mandatory greenhouse gas emission reduction \nprogram, except that credits under section 32903 of title 49, United \nStates Code, shall be determined by the Secretary of Transportation. \nThe Secretary of Commerce shall by rule establish an appeals process, \nthat may incorporate an arbitration option, for resolving any dispute \narising out of such a determination made by that agency.\n (f) CAFE Standards Credits.--The Secretary of Transportation shall \nwork with the Secretary of Commerce and the implementing panel \nestablished by section 202 to determine the equivalency of credits \nearned under section 32903 of title 49, United States Code, for \ninclusion in the registry. The Secretary shall by rule establish an \nappeals process, that may incorporate an arbitration option, for \nresolving any dispute arising out of such a determination.\n\nSEC. 202. IMPLEMENTING PANEL.\n\n (a) Establishment.--There is established within the Department of \nCommerce an implementing panel.\n (b) Composition.--The panel shall consist of--\n (1) the Secretary of Commerce or the Secretary's designee, \n who shall serve as Chairperson;\n (2) the Secretary of Transportation or the Secretary's \n designee; and\n (3) 1 expert in the field of greenhouse gas emissions \n reduction, certification, or trading from each of the following \n agencies--\n (A) the Department of Energy;\n (B) the Environmental Protection Agency;\n (C) the Department of Agriculture;\n (D) the National Aeronautics and Space \n Administration;\n (E) the Department of Commerce; and\n (F) the Department of Transportation.\n (c) Experts and Consultants.--Any member of the panel may secure \nthe services of experts and consultants in accordance with the \nprovisions of section 3109 of title 5, United States Code, for \ngreenhouse gas reduction, certification, and trading experts in the \nprivate and non-profit sectors and may also utilize any grant, \ncontract, cooperative agreement, or other arrangement authorized by law \nto carry out its activities under this subsection.\n (d) Duties.--The panel shall--\n (1) implement and oversee the implementation of this \n section;\n (2) promulgate--\n (A) standards for certification of registries and \n operation of certified registries; and\n (B) standards for measurement, verification, and \n recording of greenhouse gas emissions and greenhouse \n gas emission reductions by certified registries;\n (3) maintain, and make available to the public, a list of \n certified registries; and\n (4) issue rulemakings on standards for measuring, \n verifying, and recording greenhouse gas emissions and \n greenhouse gas emission reductions proposed to the panel by \n certified registries, through a standard process of issuing a \n proposed rule, taking public comment for no less than 30 days, \n then finalizing regulations to implement this act, which will \n provide for recognizing new forms of acceptable greenhouse gas \n reduction certification procedures.\n (e) Certification and Operation Standards.--The standards \npromulgated by the panel shall include--\n (1) standards for ensuring that certified registries do not \n have any conflicts of interest, including standards that \n prohibit a certified registry from--\n (A) owning greenhouse gas emission reductions \n recorded in any certified registry; or\n (B) receiving compensation in the form of a \n commission where sources receive money for the total \n number of tons certified;\n (2) standards for authorizing certified registries to enter \n into agreements with for-profit persons engaged in trading of \n greenhouse gas emission reductions, subject to paragraph (1); \n and\n (3) such other standards for certification of registries \n and operation of certified registries as the panel determines \n to be appropriate.\n (f) Measurement, Verification, and Recording Standards.--The \nstandards promulgated by the panel shall provide for, in the case of \ncertified registries--\n (1) ensuring that certified registries accurately measure, \n verify, and record","summary":"Improved Passenger Automobile Fuel Economy Act of 2007 - Revises minimum corporate average fuel economy (CAFE) standards for passenger automobiles to direct the Secretary of Transportation, for each model year, to prescribe minimum CAFE standards for passenger automobiles, with the minimum standard being the current standard of 27.5 miles per gallon. Requires a CAFE standard of 40 miles per gallon for passenger automobiles manufactured in model year 2017. Authorizes credits earned by a manufacturer when the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable established average fuel economy standard to be applied to any of the three model years immediately following the model year in which such credits are earned, or transferred to a national registry system for greenhouse gases. Authorizes a manufacturer to apply credits purchased through the registry toward applicable CAFE standards for passenger or non-passenger automobiles after model year 2010. Establishes a national greenhouse registry to encourage voluntary actions to monitor and reduce greenhouse gas emissions and increase energy efficiency. Establishes within the Department of Commerce an implementing panel to, among other things promulgate standards for: (1) certification of registries and operation of certified registries. And (2) measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries.","title":"A bill to require the establishment of a corporate average fuel economy standard for passenger automobiles of 40 miles per gallon by 2017, and for other purposes.","text_len":18634,"sum_len":1519} {"bill_id":"103_s917","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Birth Defects \nPrevention Act of 1993''.\n (b) Findings.--The Congress makes the following findings:\n (1) Birth defects are the leading cause of infant \n mortality, directly responsible for one out of every five \n infant deaths.\n (2) Thousands of the 250,000 infants born with a birth \n defect annually face a lifetime of chronic disability and \n illness.\n (3) Birth defects threaten the lives of infants of all \n racial and ethnic backgrounds. However, some conditions pose \n excess risks for certain populations. For example, compared to \n all infants born in the United States, Hispanic-American \n infants are more likely to be born with anencephaly spina \n bifida and other neural tube defects and African-American \n infants are more likely to be born with sickle-cell anemia.\n (4) Birth defects can be caused by exposure to \n environmental hazards, adverse health conditions during \n pregnancy, or genetic mutations. Prevention efforts are slowed \n by lack of information about the number and causes of birth \n defects. Outbreaks of birth defects may go undetected because \n surveillance and research efforts are underdeveloped and poorly \n coordinated.\n\nSEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317A the following new \nsection:\n\n ``birth defects prevention and research programs\n\n ``Sec. 317B. (a) National Birth Defects Surveillance Program.--The \nSecretary, acting through the Director of the Centers for Disease \nControl, may award grants to, enter into cooperative agreements with, \nor provide direct technical assistance in lieu of cash to States, State \nhealth authorities, or health agencies of political subdivisions of a \nState for collection, analysis, and reporting of birth defects \nstatistics from birth certificates, infant death certificates, hospital \nrecords, or other sources and to collect and disaggregate such \nstatistics by gender and racial and ethnic group.\n ``(b) Centers for Excellence for Birth Defects Prevention \nResearch.--\n ``(1) In general.--The Secretary shall establish at least \n five regional birth defects monitoring and research programs \n for the purpose of collecting and analyzing information on the \n number, incidence, correlates, and causes of birth defects, to \n include information regarding gender and different racial and \n ethnic groups, including Hispanics, non-Hispanic whites, \n African Americans, Native Americans, and Asian Americans.\n ``(2) Authority for awards.--For purposes of paragraph (1), \n the Secretary, acting through the Director of the Centers for \n Disease Control, may award grants or enter into cooperative \n agreements with State departments of health, universities, or \n other private, nonprofit entities engaged in research to enable \n such entities to serve as Centers of Excellence for Birth \n Defects Prevention Research.\n ``(3) Application.--To be eligible for grants or \n cooperative agreements under paragraph (2), the entity shall \n prepare and submit to the Secretary an application at such \n time, in such manner and containing such information as the \n Secretary may prescribe, including assurances that--\n ``(A) the program will collect, analyze, and report \n birth defects data according to guidelines prescribed \n by the Director of the Centers for Disease Control;\n ``(B) the program will coordinate States birth \n defects surveillance and prevention efforts within a \n region;\n ``(C) education, training, and clinical skills \n improvement for health professionals aimed at the \n prevention and control of birth defects will be \n included in the program activities;\n ``(D) development and evaluation of birth defects \n prevention strategies will be included in the program \n activities, as appropriate; and\n ``(E) the program funds will not be used to \n supplant or duplicate State efforts.\n ``(4) Centers to focus on racial and ethnic disparities in \n birth defects.--One of the Centers of Excellence shall focus on \n birth defects among ethnic minorities, and shall be located in \n a standard metropolitan statistical area that has over a 60 \n percent ethnic minority population, is federally designated as \n a health professional shortage area, and has an incidence of \n one or more birth defects more than four times the national \n average.\n ``(c) Clearinghouse.--The Centers for Disease Control shall serve \nas the coordinating agency for birth defects prevention activities \nthrough establishment of a clearinghouse for the collection and storage \nof data and generated from birth defects monitoring programs developed \nunder subsections (a) and (b). Functions of such clearinghouse shall \ninclude facilitating the coordination of research and policy \ndevelopment to prevent birth defects. The clearinghouse shall \ndisaggregate data by gender and by racial and ethnic groups, the major \nHispanic subgroups, non-Hispanic whites, African Americans, Native \nAmericans, and Asian Americans.\n ``(d) Prevention Strategies.--The Secretary, acting through the \nDirector of the Centers for Disease Control, shall award grants to or \nenter into cooperative agreements with State departments of health, \nuniversities, or other private, or nonprofit entities to enable such \nentities to develop, evaluate and implement prevention strategies \ndesigned to reduce the incidence and effects or birth defects \nincluding--\n ``(1) demonstration projects for the prevention of birth \n defects, including--\n ``(A) at least one project aimed at enhancing \n prevention services in a `high-risk area' that has a \n proportion of birth to minority women above the \n national average, is federally designated as a health \n professional shortage area, and has a high incidence of \n one or more birth defects; and\n ``(B) at least one outcome research project to \n study the effectiveness of infant interventions aimed \n at amelioration of birth defects; and\n ``(2) public information and education programs for the \n prevention of birth defects, including but not limited to \n programs aimed at prevention of alcohol and illicit drug use \n during pregnancy and promotion of use of folic acid vitamin \n supplements for women of childbearing age in a manner which is \n sensitive to the cultural and linguistic context of a given \n community.\n ``(e) Advisory Committee.--\n ``(1) Establishment of committee.--The Secretary shall \n establish an Advisory Committee for Birth Defects Prevention \n (in this subsection referred to as the `Committee'). The \n Committee shall provide advice and recommendations on \n prevention and amelioration of birth defects to the Secretary \n and the Director of the Centers for Disease Control.\n ``(2) Functions.--With respect to birth defects prevention, \n the Committee shall--\n ``(A) make recommendations regarding prevention \n research and intervention priorities;\n ``(B) study and recommend ways to prevent birth \n defects, with emphasis on emerging technologies;\n ``(C) identify annually the important areas of \n government and nongovernment cooperation needed to \n implement prevention strategies;\n ``(D) identify research and prevention strategies \n which would be successful in addressing birth defects \n disparities among the major Hispanic subgroups, non-\n Hispanic whites, African Americans, Native Americans, \n and Asian Americans; and\n ``(E) review and recommend policies and guidance \n related to birth defects research and prevention.\n ``(3) Composition.--The Committee shall be composed of 15 \n members appointed by the Secretary, including--\n ``(A) four health professionals, who are not \n employees of the United States, who have expertise in \n issues related to prevention of or care for children \n with birth defects;\n ``(B) two representatives from health professional \n associations;\n ``(C) four representatives from voluntary health \n agencies concerned with conditions leading to birth \n defects or childhood disability;\n ``(D) five members of the general public, of whom \n at least three shall be parents of children with birth \n defects or persons having birth defects; and\n ``(E) representatives of the Public Health Service \n agencies involved in birth defects research and \n prevention programs and representatives of other \n appropriate Federal agencies, including but not limited \n to the Department of Education and the Environmental \n Protection Agency, shall be appointed as ex officio, \n liaison members for purposes of informing the Committee \n regarding Federal agency policies and practices;\n ``(4) Structure.--\n ``(A) Term of office.--Appointed members of the \n Committee shall be appointed for a term of office of 3 \n years, except that of the members first appointed, 5 \n shall be appointed for a term of 1 year, 5 shall be \n appointed for a term of 2 years, and 5 shall be \n appointed for a term of 3 years, as determined by the \n Secretary.\n ``(B) Meetings.--The Committee shall meet not less \n than three times per year and at the call of the chair.\n ``(C) Compensation.--Members of the Committee who \n are employees of the Federal Government shall serve \n without compensation. Members of the Committee who are \n not employees of the Federal Government shall be \n compensated at a rate not to exceed the daily \n equivalent of the rate in effect for grade GS-18.\n ``(f) Report.--The Secretary shall prepare and submit to the \nCommittee on Energy and Commerce of the House of Representatives and \nthe Committee on Labor and Human Resources of the Senate a biennial \nreport regarding the incidence of birth defects, the contribution of \nbirth defects to infant mortality, the outcome of implementation of \nprevention strategies, and identified needs for research and policy \ndevelopment to include information regarding the various racial and \nethnic groups, including Hispanic, non-Hispanic whites, African \nAmericans, Native Americans, and Asian Americans.\n ``(g) Authorization of Appropriations.--\n ``(1) For the purpose of carrying out subsections (a), (b), \n and (c), there are authorized to be appropriated $15,000,000 \n for fiscal year 1994, $20,000,000 for fiscal year 1995, and \n such sums as may be necessary for each of the fiscal years 1996 \n and 1997.\n ``(2) For the purpose of carrying out subsection (d), there \n are authorized to be appropriated $15,000,000 for fiscal year \n 1994, $20,000,000 for fiscal year 1995, and such sums as may be \n necessary for each of the fiscal years 1996 and 1997.\n ``(3) For the purpose of carrying out subsections (e) and \n (f), there are authorized to be appropriated $2,000,000 for \n each of the fiscal years 1994 through 1997.''.","summary":"Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Authorizes appropriations.","title":"Birth Defects Prevention Act of 1993","text_len":12573,"sum_len":1657} {"bill_id":"110_hr7165","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Millennium Challenge Compact \nImprovement Act (MCIA)''.\n\nSEC. 2. MILLENNIUM CHALLENGE COMPACT.\n\n (a) Duration of Compacts.--Section 609 of the Millennium Challenge \nAct of 2003 (22 U.S.C. 7708) is amended--\n (1) by striking subsection (j); and\n (2) by inserting after subsection (i) the following new \n subsection:\n ``(j) Duration of Compact.--\n ``(1) In general.--Except as provided in subparagraph (2), \n the duration of a Compact shall not exceed 5 years.\n ``(2) Exception.--The duration of a Compact (including a \n regional Compact) may exceed 5 years if the Board--\n ``(A) determines that the Compact includes a \n project that cannot be completed in 5 years or less; \n and\n ``(B) approves a duration for the Compact of not \n more than 10 years.\n ``(3) Advance notification.--Not later than 15 days before \n the Board approves a duration for a Compact that exceeds 5 \n years pursuant to subparagraph (2), the Board, acting through \n the Chief Executive Officer, shall submit to the appropriate \n congressional committees an advance notification of such \n approval, including a detailed explanation for the \n determination and approval.''.\n (b) Concurrent and Subsequent Compacts.--Section 609 of such Act \n(22 U.S.C. 7708) is amended--\n (1) by striking subsection (k); and\n (2) by inserting after subsection (j) (as amended by \n subsection (a)) the following new subsection:\n ``(k) Concurrent and Subsequent Compacts.--\n ``(1) In general.--Subject to the requirements of paragraph \n (2), and in accordance with the requirements of this title, an \n eligible country and the United States--\n ``(A) may enter into and have in effect more than \n one Compact at any given time; and\n ``(B) may enter into subsequent Compacts after the \n expiration of existing Compacts.\n ``(2) Requirements.--\n ``(A) Concurrent compacts.--An eligible country and \n the United States may enter into a concurrent Compact \n (including a regional Compact) only if the Board \n determines that the country is making considerable and \n demonstrable progress in implementing the terms of its \n existing Compact and supplementary agreements thereto.\n ``(B) Subsequent compacts.--An eligible country and \n the United States may enter into a subsequent Compact \n only if the Board determines that the country has \n substantially met the objectives of prior Compacts \n between the country and the United States and \n supplementary agreements thereto, or the Board \n determines that the eligible country has demonstrated \n sufficient capacity to perform successfully on a \n subsequent Compact.''.\n (c) Applicability.--The amendments made by subsections (a) and (b) \napply with respect to Compacts entered into between the United States \nand an eligible country under the Millennium Challenge Act of 2003 \nbefore, on or after the date of the enactment of this Act.\n (d) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 \nU.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' \nand inserting ``any''.\n\nSEC. 3. AUTHORIZATION OF REGIONAL ASSISTANCE.\n\n (a) Assistance.--Section 605(a) of the Millennium Challenge Act of \n2003 (22 U.S.C. 7704(a)) is amended by adding at the end the following \nnew sentence: ``The assistance contemplated by this subsection may be \nprovided through a Compact with a country individually and\/or through a \nCompact with two or more countries in the same geographic region \ncollectively.''.\n (b) Eligible Entities.--Section 605(c) of such Act (22 U.S.C. \n7704(c)) is amended--\n (1) in paragraph (2), by striking ``or'' at the end;\n (2) in paragraph (3), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(4) an entity, structure, or other arrangement \n established by two or more eligible countries in connection \n with a regional Compact.''.\n (c) Conforming Amendments.--\n (1) Compact.--Section 609(a) of such Act (22 U.S.C. \n 7708(a)) is amended by inserting after ``only if the country'' \n the following: ``(or countries, in the case of a regional \n Compact)''.\n (2) Assistance for development of compact.--Section 609(g) \n of such Act (22 U.S.C. 7708(g)) is amended--\n (A) by inserting after ``eligible country'' the \n following: ``(or countries, in the case of a regional \n compact)''; and\n (B) by inserting at the end before the period the \n following: ``(or countries, as appropriate)''.\n (3) Suspension and termination of assistance.--Section 611 \n of such Act (22 U.S.C. 7710) is amended--\n (A) by redesignating subsections (c) and (d) as \n subsections (d) and (e), respectively; and\n (B) by inserting after subsection (b) the following \n new subsection:\n ``(c) Regional Compacts.--In the case of a regional compact, the \nChief Executive Officer may--\n ``(1) after consultation with the Board, suspend or \n terminate assistance in whole or in part to one or more \n countries, as appropriate, based on a determination consistent \n with subsection (a); and\n ``(2) reinstate assistance for a country or countries, as \n appropriate, based on a determination consistent with \n subsection (b).''.","summary":"Millennium Challenge Compact Improvement Act (MCIA) - Amends the Millennium Challenge Act of 2003 to authorize under specified circumstances: (1) Millennium Challenge Compacts in excess of five years. And (2) concurrent Compacts. States that assistance may be provided through a Compact with a country individually andor through a Compact with two or more countries in the same geographic region collectively. Sets forth provisions regarding suspension or termination of regional Compacts.","title":"To amend the Millennium Challenge Act of 2003 to authorize regional and concurrent compacts under that Act, and for other purposes.","text_len":6074,"sum_len":489} {"bill_id":"112_hr367","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom to Serve Without Fear Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) A central tenet of representative democracy is that \n citizens enjoy the right to peaceably assemble and petition \n their government for redress of grievances.\n (2) For this right to be exercised meaningfully, elected \n representatives must be able to make themselves accessible to \n their constituents.\n (3) Fear of gun violence at events where elected \n representatives are performing their official or \n representational duties has a chilling effect on our democracy \n in at least 2 ways:\n (A) by discouraging citizens from engaging in the \n public and personal dialogue with their representatives \n that is the lifeblood of vibrant democratic politics; \n and\n (B) by leading elected representatives to reduce \n the frequency and extent of personal contact with their \n constituents as a reasonable precaution against \n unreasonable threats to their personal safety.\n (4) During the summer of 2009, there were multiple cases of \n persons carrying firearms outside of venues at which the \n President of the United States was holding meetings and \n official events. In one instance, a man carried an AR-15 \n automatic assault rifle and a sidearm. In another instance, \n occurring hours before a presidential town hall a week earlier, \n a man was arrested for breaching a security perimeter at the \n location of the event, and was found to be in possession of an \n unlicensed and loaded handgun.\n (5) In recent months, there has been a threefold increase \n in the number of reported threats against Members of the United \n States House of Representatives and Members of the United \n States Senate.\n\nSEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT \n WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND \n REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE.\n\n (a) Prohibition.--Section 922 of title 18, United States Code, is \namended by adding at the end the following:\n ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful \nfor any person, in or affecting interstate or foreign commerce, to \nknowingly carry a firearm--\n ``(A) in, or within 250 feet of an entrance to or exit \n from, a building or structure where the person knows that a \n Member of Congress is--\n ``(i) performing an official and representational \n duty of the Member;\n ``(ii) engaging in campaign activity as a candidate \n for election for Federal office for purposes of the \n Federal Election Campaign Act of 1971; or\n ``(iii) engaging in campaign activity as a \n candidate for election for State or local office, as \n determined pursuant to State law; or\n ``(B) at, or within 500 feet of, any other place where the \n person knows that a Member of Congress is performing such a \n duty or engaging in such a campaign activity,\nif there is visible, at each place that is at the applicable distance \nspecified in this sentence from the building, structure, or other \nplace, a sign which clearly and conspicuously states that a Member of \nCongress will be present at the building, structure, or other place, \nand so states the time interval during which the Member of Congress is \nscheduled to be so present.\n ``(2) Paragraph (1) shall not apply to the carrying of a firearm--\n ``(A) by a law enforcement officer (whether on- or off-\n duty) who is authorized to carry a firearm in the line of duty; \n or\n ``(B) pursuant to the express written permission of--\n ``(i) any Member of Congress present at the \n location involved, which permission has been filed with \n the chief of police of the locality involved; or\n ``(ii) the chief of police of the locality \n involved;\n ``(C) on real property owned or rented by the carrier of \n the firearm;\n ``(D) on the premises of a business in which the carrier of \n the firearm is employed and authorized by the employer to carry \n the firearm; or\n ``(E) which is in a locked container or otherwise not \n readily accessible for use.\n ``(3) If Federal investigative or prosecutive jurisdiction is \nasserted for a violation of this subsection, such assertion shall \nsuspend the exercise of jurisdiction by a State or local authority, \nunder any applicable State or local law, until Federal action is \nterminated.\n ``(4) Violations of this subsection shall be investigated by the \nFederal Bureau of Investigation. Assistance may be requested from any \nFederal, State, or local agency, including the Army, Navy, and Air \nForce, any statute, rule, or regulation to the contrary \nnotwithstanding.''.\n (b) Penalties.--Section 924(a) of such title is amended by adding \nat the end the following:\n ``(8) Whoever knowingly violates section 922(aa) shall be fined \nunder this title, imprisoned not more than 10 years, or both.''.\n\nSEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO \n FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND \n APPOINTED OFFICIALS.\n\n (a) In General.--For each fiscal year after the expiration of the \nperiod specified in subsection (b)(1) in which a State receives funds \nfor the Edward Byrne Memorial Justice Assistance Grant Program under \nsubpart 1 of part E of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in \neffect throughout the State laws and policies that prohibit any person \nto knowingly possess a firearm near a venue at which an elected or \nappointed State or local official is performing an official and \nrepresentational duty or campaigning for public office if such \npossession would constitute an offense under subsection (aa) of section \n922 of title 18, United States Code, if such official were a Member of \nCongress.\n (b) Compliance and Ineligibility.--\n (1) Compliance date.--Each State shall have not more than 1 \n year from the date of enactment of this Act to comply with \n subsection (a), except that--\n (A) the Attorney General may grant an additional 1 \n year to a State that is making good faith efforts to \n comply with such subsection; and\n (B) the Attorney General shall waive the \n requirements of subsection (a) if compliance with such \n subsection by a State would be unconstitutional under \n the constitution of such State.\n (2) Ineligibility for funds.--For any fiscal year after the \n expiration of the period specified in paragraph (1), a State \n that fails to comply with subsection (a) shall not receive 10 \n percent of the funds that would otherwise be allocated for that \n fiscal year to the State for the Edward Byrne Memorial Justice \n Assistance Grant Program under subpart 1 of part E of title I \n of the Omnibus Crime Control and Safe Streets Act of 1968 (42 \n U.S.C. 3750 et seq.).\n (c) Reallocation.--Amounts not allocated under such Edward Byrne \nMemorial Justice Assistance Grant Program to a State for failure to \nfully comply with subsection (a) shall be reallocated under that \nprogram to States that have not failed to comply with such subsection.","summary":"Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved. Requires a 10 reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office.","title":"To prohibit the knowing possession of a firearm near a venue at which a Member of Congress is performing an official and representational duty or campaigning for public office.","text_len":7975,"sum_len":1167} {"bill_id":"107_s2045","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Tuberculosis Control \nAct of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that:\n (1) Tuberculosis is a great health and economic burden to \n impoverished nations and a health and security threat to the \n United States and other industrialized countries.\n (2) Tuberculosis kills 2,000,000 people each year (a person \n every 15 seconds) and is second only to HIV\/AIDS as the \n greatest infectious killer of adults worldwide.\n (3) Tuberculosis is today the leading killer of women of \n reproductive age and of people who are HIV-positive.\n (4) One-third of the world's population is currently \n infected with the tuberculosis bacterium, including 10,000,000 \n through 15,000,000 persons in the United States, and someone in \n the world is newly infected with tuberculosis every second.\n (5) With 46 percent of tuberculosis cases in the United \n States in the year 2000 found in foreign-born persons, as \n compared to 24 percent in 1990, it is clear that the only way \n to control tuberculosis in the United States is to control it \n worldwide.\n (6) Left untreated, a person with active tuberculosis can \n infect an average of 10 through 15 people in one year.\n (7) Pakistan and Afghanistan are among the 22 countries \n identified by the World Health Organization as having the \n highest tuberculosis burden globally.\n (8) More than one-quarter of all adult deaths in Pakistan \n are due to tuberculosis, and Afghan refugees entering Pakistan \n have very high rates of tuberculosis, with refugee camps, in \n particular, being areas where tuberculosis runs rampant.\n (9) The tuberculosis and AIDS epidemics are inextricably \n linked. Tuberculosis is the first manifestation of AIDS in more \n than 50 percent of cases in developing countries and is \n responsible for 40 percent or more of deaths of people with \n AIDS worldwide.\n (10) An effective, low-cost cure exists for tuberculosis: \n Directly Observed Treatment Short-course or DOTS. Expansion of \n DOTS is an urgent global priority.\n (11) DOTS is one of the most cost-effective health \n interventions available today. A full course of DOTS drugs \n costs as little as US$10 in low-income countries.\n (12) Proper DOTS treatment is imperative to prevent the \n development of dangerous multidrug resistant tuberculosis (MDR-\n TB) that arises through improper or incomplete tuberculosis \n treatment.\n (13) The Global Fund to fight AIDS, Tuberculosis, and \n Malaria is an important new global partnership established to \n combat these 3 infectious diseases that together kill 6,000,000 \n people a year. Expansion of effective tuberculosis treatment \n programs should constitute a major component of Global Fund \n investment.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) DOTS.--The term ``DOTS'' or ``Directly Observed \n Treatment Short-course'' means the World Health Organization-\n recommended strategy for treating standard tuberculosis.\n (2) Global alliance for tuberculosis drug development.--The \n term ``Global Alliance for Tuberculosis Drug Development'' \n means the public-private partnership that brings together \n leaders in health, science, philanthropy, and private industry \n to devise new approaches to tuberculosis and to ensure that new \n medications are available and affordable in high tuberculosis \n burden countries and other affected countries.\n (3) Global plan to stop tuberculosis.--The term ``Global \n Plan to Stop Tuberculosis'' means the plan developed jointly by \n the Stop Tuberculosis Partnership Secretariat and Partners in \n Health that lays out what needs to be done to control and \n eliminate tuberculosis.\n (4) Global tuberculosis drug facility.--The term ``Global \n Tuberculosis Drug Facility (GDF)'' means the new initiative of \n the Stop Tuberculosis Partnership to increase access to high-\n quality tuberculosis drugs to facilitate DOTS expansion.\n (5) Stop tuberculosis partnership.--The term ``Stop \n Tuberculosis Partnership'' means the partnership of the World \n Health Organization, donors including the United States, high \n tuberculosis burden countries, multilateral agencies, and \n nongovernmental and technical agencies committed to short- and \n long-term measures required to control and eventually eliminate \n tuberculosis as a public health problem in the world.\n\n SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, \n AND ELIMINATION.\n\n Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2151b(c)) is amended by adding at the end the following:\n ``(7)(A) Congress recognizes the growing international \n problem of tuberculosis and the impact its continued existence \n has on those countries that had previously largely controlled \n the disease. Congress further recognizes that the means exist \n to control and treat tuberculosis by implementing the Global \n Plan to Stop Tuberculosis and by adequately investing in newly \n created mechanisms, including the Global Tuberculosis Drug \n Facility, and that it is therefore a major objective of the \n foreign assistance program to control the disease. To this end, \n Congress expects the agency primarily responsible for \n administering this part--\n ``(i) to coordinate with the World Health \n Organization, the Centers for Disease Control, the \n National Institutes of Health, and other organizations \n with respect to the development and implementation of a \n comprehensive tuberculosis control program; and\n ``(ii) to set as a goal the detection of at least \n 70 percent of the cases of infectious tuberculosis, and \n the cure of at least 85 percent of the cases detected, \n by December 31, 2005, in those countries classified by \n the World Health Organization as among the highest \n tuberculosis burden, and by December 31, 2010, in all \n countries in which the agency has established \n development programs.\n ``(B)(i) There is authorized to be appropriated \n $200,000,000 for each of the fiscal years 2003 through 2005 for \n carrying out this paragraph.\n ``(ii) Funds appropriated under this paragraph are \n authorized to remain available until expended.\n ``(C) In carrying out subparagraph (A), not less than 75 \n percent of the amount authorized to be appropriated under \n subparagraph (B) shall be expended for antituberculosis drugs, \n supplies, patient services, and training in diagnosis and care, \n in order to increase directly observed treatment shortcourse \n (DOTS) coverage, including funding for the Global Tuberculosis \n Drug Facility.\n ``(D) In carrying out subparagraph (A), of the amount \n authorized to be appropriated under subparagraph (B)--\n ``(i) not less than 10 percent shall be used for \n funding of the Global Tuberculosis Drug Facility;\n ``(ii) not less than 7.5 percent shall be used for \n funding of the Stop Tuberculosis Partnership; and\n ``(iii) not less than 2.5 percent shall be used for \n funding of the Global Alliance for Tuberculosis Drug \n Development.\n ``(E) The President shall submit a report to Congress \n annually specifying the increases in the number of people \n treated and the increases in number of tuberculosis patients \n cured through each program, project, or activity receiving \n United States foreign assistance for tuberculosis control \n purposes.''.","summary":"International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease. Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program. And (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them. Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility.","title":"A bill to amend the Foreign Assistance Act of 1961 to take steps to control the growing international problem of tuberculosis.","text_len":8417,"sum_len":1283} {"bill_id":"108_s544","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Staffing for Adequate Fire and \nEmergency Response Firefighters Act of 2003''.\n\nSEC. 2. OFFICE OF GRANT MANAGEMENT.\n\n The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 \net seq.) is amended by redesignating the second section 33 and section \n34 as sections 35 and 36, respectively, and by inserting after the \nfirst section 33 the following new section:\n\n``SEC. 34. OFFICE OF GRANT MANAGEMENT.\n\n ``(a) Establishment.--A new office within the United States Fire \nAdministration shall be established to administer the SAFER Firefighter \ngrant program under this section.\n ``(b) Authority To Make Grants.--(1) The Administrator may make \ngrants directly to career, voluntary, and combination fire departments \nof a State, in consultation with the chief executive of the State, for \nthe purpose of substantially increasing the number of firefighters so \nthat communities can meet industry minimum standards to provide \nadequate protection from acts of terrorism and hazards.\n ``(2)(A) Grants made under paragraph (1) shall be for 4 years and \nbe used for programs to hire new, additional career firefighters.\n ``(B) Grantees are required to commit to retaining for at least 1 \nyear beyond the termination of their grants those career firefighters \nhired under paragraph (1).\n ``(3) In awarding grants under this section, the Administrator may \ngive preferential consideration, where feasible, to applications for \nhiring and rehiring additional career firefighters that involve a non-\nFederal contribution exceeding the minimums under paragraph (5).\n ``(4) The Administrator may provide technical assistance to States, \nunits of local government, Indian tribal governments, and to other \npublic entities, in furtherance of the purposes of this section.\n ``(5) The portion of the costs of a program, project, or activity \nprovided by a grant under paragraph (1) may not exceed--\n ``(A) 90 percent in the first year of the grant;\n ``(B) 80 percent in the second year of the grant;\n ``(C) 50 percent in the third year of the grant; and\n ``(D) 30 percent in the fourth year of the grant,\nunless the Administrator waives, wholly or in part, the requirement \nunder this paragraph of a non-Federal contribution to the costs of a \nprogram, project, or activity.\n ``(6) The authority under paragraph (1) of this section to make \ngrants for the hiring of additional career firefighters shall lapse at \nthe conclusion of 10 years from the date of enactment of this section. \nPrior to the expiration of this grant authority, the Administrator \nshall submit a report to Congress concerning the experience with and \neffects of such grants. The report may include any recommendations the \nAdministrator may have for amendments to this section and related \nprovisions of law.\n ``(c) Applications.--(1) No grant may be made under this section \nunless an application has been submitted to, and approved by, the \nAdministrator.\n ``(2) An application for a grant under this section shall be \nsubmitted in such form, and contain such information, as the \nAdministrator may prescribe by regulation or guidelines.\n ``(3) In accordance with the regulations or guidelines established \nby the Administrator, each application for a grant under this section \nshall--\n ``(A) include a long-term strategy and detailed \n implementation plan that reflects consultation with community \n groups and appropriate private and public agencies and reflects \n consideration of the statewide strategy;\n ``(B) explain the applicant's inability to address the need \n without Federal assistance;\n ``(C) outline the initial and ongoing level of community \n support for implementing the proposal including financial and \n in-kind contributions or other tangible commitments;\n ``(D) specify plans for obtaining necessary support and \n continuing the proposed program, project, or activity following \n the conclusion of Federal support; and\n ``(E) provide assurances that the applicant will, to the \n extent practicable, seek, recruit, and hire members of racial \n and ethnic minority groups and women in order to increase their \n ranks within firefighting.\n ``(4) Notwithstanding any other provision of this section, in \nrelation to applications under this section of units of local \ngovernment or fire districts having jurisdiction over areas with \npopulations of less than 50,000, the Administrator may waive 1 or more \nof the requirements of paragraph (3) and may otherwise make special \nprovisions to facilitate the expedited submission, processing, and \napproval of such applications.\n ``(d) Limitation on Use of Funds.--(1) Funds made available under \nthis section to States or units of local government for salaries and \nbenefits to hire new, additional career firefighters shall not be used \nto supplant State or local funds, or, in the case of Indian tribal \ngovernments, funds supplied by the Bureau of Indian Affairs, but shall \nbe used to increase the amount of funds that would, in the absence of \nFederal funds received under this section, be made available from State \nor local sources, or in the case of Indian tribal governments, from \nfunds supplied by the Bureau of Indian Affairs.\n ``(2) Funds appropriated by the Congress for the activities of any \nagency of an Indian tribal government or the Bureau of Indian Affairs \nperforming firefighting functions on any Indian lands may be used to \nprovide the non-Federal share of the cost of programs or projects \nfunded under this section.\n ``(3)(A) Total funding provided under this section over 4 years for \nhiring a career firefighter may not exceed $100,000, unless the \nAdministrator grants a waiver from this limitation.\n ``(B) The $100,000 cap shall be adjusted annually for inflation \nbeginning in fiscal year 2005.\n ``(e) Performance Evaluation.--(1) Each program, project, or \nactivity funded under this section shall contain a monitoring \ncomponent, developed pursuant to guidelines established by the \nAdministrator. The monitoring required by this subsection shall include \nsystematic identification and collection of data about activities, \naccomplishments, and programs throughout the life of the program, \nproject, or activity and presentation of such data in a usable form.\n ``(2) Selected grant recipients shall be evaluated on the local \nlevel or as part of a national evaluation, pursuant to guidelines \nestablished by the Administrator. Such evaluations may include \nassessments of individual program implementations. In selected \njurisdictions that are able to support outcome evaluations, the \neffectiveness of funded programs, projects, and activities may be \nrequired.\n ``(3) The Administrator may require a grant recipient to submit to \nthe Administrator the results of the monitoring and evaluations \nrequired under paragraphs (1) and (2) and such other data and \ninformation as the Administrator considers reasonably necessary.\n ``(f) Revocation or Suspension of Funding.--If the Administrator \ndetermines, as a result of the activities under subsection (e), or \notherwise, that a grant recipient under this section is not in \nsubstantial compliance with the terms and requirements of an approved \ngrant application submitted under subsection (c), the Administrator may \nrevoke or suspend funding of that grant, in whole or in part.\n ``(g) Access to Documents.--(1) The Administrator shall have access \nfor the purpose of audit and examination to any pertinent books, \ndocuments, papers, or records of a grant recipient under this section \nand to the pertinent books, documents, papers, or records of State and \nlocal governments, persons, businesses, and other entities that are \ninvolved in programs, projects, or activities for which assistance is \nprovided under this section.\n ``(2) Paragraph (1) shall apply with respect to audits and \nexaminations conducted by the Comptroller General of the United States \nor by an authorized representative of the Comptroller General.\n ``(h) Definitions.--In this section, the term--\n ``(1) `firefighter' has the meaning given the term \n `employee in fire protection activities' under section 3(a) of \n the Fair Labor Standards Act (29 U.S.C. 203(y)); and\n ``(2) `Indian tribe' means a tribe, band, pueblo, nation, \n or other organized group or community of Indians, including an \n Alaska Native village (as defined in or established under the \n Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), \n that is recognized as eligible for the special programs and \n services provided by the United States to Indians because of \n their status as Indians.\n ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated for the purposes of carrying out this section--\n ``(1) $1,000,000,000 for fiscal year 2004;\n ``(2) $1,030,000,000 for fiscal year 2005;\n ``(3) $1,061,000,000 for fiscal year 2006;\n ``(4) $1,093,000,000 for fiscal year 2007;\n ``(5) $1,126,000,000 for fiscal year 2008;\n ``(6) $1,159,000,000 for fiscal year 2009; and\n ``(7) $1,194,000,000 for fiscal year 2010.''.","summary":"Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of an office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act. Authorizes the US Fire Administrator to make direct four-year grants to State career, volunteer, and combination fire departments for staff increases in order to provide protection from terrorism and hazards. Specifies Federal grant contribution levels. Requires grantees to retain hired career firefighters for at least one year after grant termination. Terminates program authority ten years after enactment of this Act. Authorizes the Administrator to: (1) give preferential hiring to career firefighters where non-federal contributions exceed the minimums provided for by this Act. And (2) provide technical assistance to States, local governments, Indian tribes, and other public entities. Requires project evaluations.","title":"A bill to establish a SAFER Firefighter Grant Program.","text_len":9472,"sum_len":1065} {"bill_id":"113_hr5789","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rapid DNA Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by \ninserting at the end the following:\n\n``SEC. __. DEFINITIONS.\n\n ``(1) The term `reference DNA sample' means a tissue, \n fluid, or other bodily sample of an individual on which a DNA \n analysis can be carried out.\n ``(2) The term `DNA analysis' means analysis of the \n deoxyribonucleic acid (DNA) identification information from a \n bodily sample.\n ``(3) The term `sample-to-answer DNA analysis systems' \n means fully automated systems that after input of a DNA sample \n can perform all necessary sample preparation and analysis with \n no operator intervention.\n ``(4) The term `qualified agencies' means booking stations, \n jails, prisons, detention centers, other law enforcement \n organizations, and facilities outside of forensic laboratories \n that can perform DNA analysis using sample-to-answer DNA \n systems on subjects meeting current legislative guidelines.\n ``(5) The term `operators' means persons trained to operate \n a sample-to-answer DNA system.''.\n\nSEC. 3. REVISED QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.\n\n Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. \n14131) is amended--\n (1) in subsection (a)(1)(B), by inserting after \n ``Technology'' the following: ``, and members from Federal, \n State, and local law enforcement agencies.'';\n (2) in subsection (a)(1)(C), by inserting after ``DNA'' the \n following: ``and separate standards for testing the proficiency \n of qualified agencies, and operators, in conducting analyses of \n DNA samples using sample-to-answer DNA analysis systems.'';\n (3) in subsection (a)(2), by inserting after ``DNA'' the \n following: ``DNA and separate standards for testing the \n proficiency of qualified agencies, and operators, in conducting \n analyses of DNA samples using sample-to-answer DNA analysis \n systems.'';\n (4) in subsection (a)(3), by inserting after ``used by \n forensic laboratories'' the following: ``and by qualified \n agencies conducting analyses of DNA samples using sample-to-\n answer DNA analysis systems.''; and by inserting after \n ``determine whether a laboratory'' the following: ``, or \n agency,'';\n (5) in subsection (a)(4), by inserting after ``for purposes \n of this section'' the following: ``, and for qualified agencies \n the quality assurance guidelines recommended by the scientific \n working group on DNA analysis methods.'';\n (6) in subsection (c)(1)(A), by inserting after ``forensic \n DNA analyses'' the following: ``; and qualified agencies \n conducting analyses of DNA samples using sample-to-answer DNA \n analysis systems.'';\n (7) in subsection (c)(1)(B), by inserting after ``forensic \n DNA analyses'' the following: ``; and for qualified agencies \n conducting analyses of DNA samples using sample-to-answer DNA \n analysis systems.'';\n (8) in subsection (c)(1)(C), by inserting after ``forensic \n DNA analyses'' the following: ``; and qualified agencies \n conducting analyses of DNA samples using sample-to-answer DNA \n analysis systems.''; and\n (9) in subsection (c)(2), by inserting after ``routine \n evidence'' the following: ``; and for qualified agencies the \n term `blind external proficiency test' means a test that is \n presented to qualified agencies through a second agency and \n appears to the operator to involve routine DNA samples for \n sample-to-answer DNA analysis systems.''.\n\nSEC. 4. QUALIFYING AGENCIES.\n\n Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. \n14132) is amended--\n (1) in subsection (b)(2), by inserting after \n ``laboratories'' the following: ``or qualified agencies'';\n (2) in subsection (b)(2)(A), by striking ``; and'' at the \n end and inserting a semicolon; and\n (3) in subsection (b)(2), by inserting the following new \n subparagraph:\n ``(C) are a qualifying agency engaged in the \n intake, processing, booking, detention, or \n incarceration of individuals charged or convicted of \n qualifying offenses and the analysis of DNA samples is \n conducted on a sample-to-answer DNA analysis system; \n and''.\n\nSEC. 5. DISTRICT OF COLUMBIA DNA ANALYSIS.\n\n Section ____ of the DNA Identification Act of 1994 (42 U.S.C. \n14135b) is amended in subsection (b), by inserting after ``the DNA \nshall be analyzed'' the following: ``on a sample-to-answer DNA analysis \nsystem''.","summary":"Rapid DNA Act of 2014 - Amends the DNA Identification Act of 1994 to require: the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation (FBI) to include members from federal, state, and local law enforcement agencies. Such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems. The National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible. And the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system.","title":"Rapid DNA Act of 2014","text_len":5021,"sum_len":1105} {"bill_id":"114_s448","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans TRICARE Choice Act''.\n\nSEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE \n CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.\n\n (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code \nof 1986 is amended by striking ``and'' at the end of clause (ii), by \nstriking the period at the end of clause (iii) and inserting ``, and'', \nand by adding at the end the following new clause:\n ``(iv) coverage under the TRICARE program \n under chapter 55 of title 10, United States \n Code, for any period with respect to which an \n election is in effect under section 1097d of \n such title providing that the individual is \n ineligible to be enrolled in (and receive \n benefits under) such program.''.\n (b) Provisions Relating to Election of Ineligibility Under \nTRICARE.--\n (1) In general.--Chapter 55 of title 10, United States \n Code, is amended by inserting after section 1097c the following \n new section:\n``Sec. 1097d. TRICARE program: Election of eligibility\n ``(a) Election.--A TRICARE-eligible individual may elect at any \ntime to be ineligible to enroll in (and receive any benefits under) the \nTRICARE program.\n ``(b) Change of Election.--(1) If a TRICARE-eligible individual \nmakes an election under subsection (a), the TRICARE-eligible individual \nmay later elect to be eligible to enroll in the TRICARE program. An \nelection made under this subsection may be made only during a special \nenrollment period.\n ``(2) The Secretary shall ensure that a TRICARE-eligible individual \nwho makes an election under subsection (a) may efficiently enroll in \nthe TRICARE program pursuant to an election under paragraph (1), \nincluding by maintaining the individual, as appropriate, in the health \ncare enrollment system under section 1099 of this title in an inactive \nmanner.\n ``(c) Period of Election.--If a TRICARE-eligible individual makes \nan election under subsection (a), such election shall be in effect \nbeginning on the date of such election and ending on the date that such \nindividual makes an election under subsection (b)(1) to enroll in the \nTRICARE program.\n ``(d) Health Savings Account Participation.--(1) For provisions \nallowing participation in a health savings account in connection with \ncoverage under a high deductible health plan during the period that the \nelection under subsection (a) is in effect, see section \n223(c)(1)(B)(iv) of the Internal Revenue Code of 1986.\n ``(2) The Secretary shall submit to the Commissioner of Internal \nRevenue the name of, and any other information that the Commissioner \nmay require with respect to, each TRICARE-eligible individual who makes \nan election under subsection (a) or (b), not later than 90 days after \nsuch election, for purposes of determining the eligibility of such \nTRICARE-eligible individual for a health savings account described in \nparagraph (1).\n ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible \nindividual who makes an election under subsection (a) is maintained on \nthe Defense Enrollment Eligibility Reporting System, or successor \nsystem, regardless of whether the individual is eligible for the \nTRICARE program during the period of such election.\n ``(f) Annual Report.--Not later than 60 days after the end of each \nfiscal year, the Secretary shall submit to the congressional defense \ncommittees a report on elections by TRICARE-eligible individuals under \nthis section that includes the following:\n ``(1) The number of TRICARE-eligible individuals, as of the \n date of the submittal of the report, who are ineligible to \n enroll in (and receive any benefits under) the TRICARE program \n pursuant to an election under subsection (a).\n ``(2) The number of TRICARE-eligible individuals who made \n an election described under subsection (a) but, as of the date \n of the submittal of the report, are enrolled in the TRICARE \n program pursuant to a change of election under subsection (b).\n ``(g) Definitions.--In this section:\n ``(1) The term `TRICARE-eligible individual' means an \n individual who is eligible to be a covered beneficiary entitled \n to health care benefits under the TRICARE program (determined \n without regard to this section).\n ``(2) The term `special enrollment period' means the period \n in which a beneficiary under the Federal Employees Health \n Benefits program under chapter 89 of title 5 may enroll in or \n change a plan under such program by reason of a qualifying \n event or during an open enrollment season. For purposes of this \n section, such qualifying events shall also include events \n determined appropriate by the Secretary of Defense, including \n events relating to a member of the armed forces being ordered \n to active duty.''.\n (2) Conforming amendment.--The table of sections at the \n beginning of chapter 55 of such title is amended by inserting \n after the item relating to section 1097c the following new \n item:\n\n``1097d. TRICARE program: Election of eligibility.''.","summary":"Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account. And (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act.","title":"Veterans TRICARE Choice Act","text_len":5427,"sum_len":715} {"bill_id":"106_s736","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom From Restraint Act of \n1999''.\n\nSEC. 2. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF \n SENTINEL EVENTS UNDER MEDICARE.\n\n (a) In General.--Part D of title XVIII of the Social Security Act \n(42 U.S.C. 1395x et seq.) is amended by adding at the end the \nfollowing:\n\n ``individuals' freedom from restraint and reporting of sentinel events\n\n ``Sec. 1897. (a) Definitions.--In this section:\n ``(1) Provider of services.--The term `provider of \n services' has the meaning given that term in section 1861(u), \n except that for purposes of this section the term includes a \n psychiatric hospital but does not include a home health agency.\n ``(2) Sentinel event.--The term `sentinel event' means an \n unexpected occurrence involving an individual in the care of a \n provider of services for treatment for a psychiatric or \n psychological illness that results in death or serious physical \n or psychological injury that is unrelated to the natural course \n of the individual's illness or underlying condition.\n ``(b) Protection of Right To Be Free From Restraints.--A provider \nof services eligible to be paid under this title for providing services \nto an individual entitled to benefits under part A or enrolled under \npart B (including an individual provided with a Medicare+Choice plan \noffered by a Medicare+Choice organization under part C) shall--\n ``(1) protect and promote the right of each such individual \n to be free from physical or mental abuse, corporal punishment, \n involuntary seclusion, and any physical or chemical restraints \n imposed for purposes of discipline or convenience;\n ``(2) impose restraints--\n ``(A) only to ensure the physical safety of the \n individual or other individuals in the care or custody \n of the provider; and\n ``(B) only upon the written order of a physician \n that specifies the duration and circumstances under \n which the restraints are to be used (except in \n emergency circumstances specified by the Secretary \n until such an order could reasonably be obtained); and\n ``(2) submit the reports required under subsection (c).\n ``(c) Reports.--\n ``(1) Reports to agencies or entities with oversight \n authority.--\n ``(A) In general.--A provider of services shall \n report each sentinel event that occurs to an individual \n while the individual is in the care or custody of the \n provider to--\n ``(i) in the case of a provider of services \n participating in the program established under \n this title or the medicaid program under title \n XIX as a result of accreditation by a national \n accrediting body, the national accrediting body \n for that provider; and\n ``(ii) in the case of all other providers \n of services, the Secretary or, upon agreement \n between the Secretary and the relevant State, \n the State agency designated by the Secretary.\n ``(B) Investigation and further reporting of \n sentinel events.--Upon receipt of a report made \n pursuant to subparagraph (A), the agency or entity with \n oversight authority shall--\n ``(i) ensure that the provider--\n ``(I) conducts an investigation of \n the sentinel event reported;\n ``(II) determines the root cause or \n causes of the sentinel event; and\n ``(III) establishes a time-limited \n plan or strategy, that allows the \n agency or entity with oversight \n authority to review and approve the \n analyses and any corrective actions \n proposed or made by the provider of \n services, to correct the problem or \n problems that resulted in the sentinel \n event, and to lead to risk reduction; \n and\n ``(ii) prepare and submit the reports \n required under paragraph (2).\n ``(2) Reports to the secretary.--\n ``(A) In general.--Subject to subparagraph (D), the \n agency or entity with oversight authority shall submit \n a report containing the information described in \n subparagraph (B) to the Secretary in such form and \n manner, and by such date, as the Secretary prescribes.\n ``(B) Information to be reported.--\n ``(i) In general.--The report submitted \n under subparagraph (A) shall be submitted to \n the Secretary at regular intervals, but not \n less frequently than annually, and shall \n include--\n ``(I) a description of the sentinel \n events occurring during the period \n covered by the report;\n ``(II) a description of any \n corrective action taken by the \n providers of services with respect to \n the sentinel events or any other \n measures necessary to prevent similar \n sentinel events from occurring in the \n future;\n ``(III) proposed systems changes \n identified as a result of analysis of \n events from multiple providers; and\n ``(IV) such additional information \n as the Secretary determines to be \n essential to ensure compliance with the \n requirements of this section.\n ``(ii) Information excluded.--The report \n submitted under subparagraph (A) shall not \n identify any individual provider of services, \n practitioner, or individual.\n ``(C) Additional reporting requirements when a \n provider has been identified as having a pattern of \n poor performance.--\n ``(i) In general.--In addition to the \n report required under subparagraph (A), the \n agency or entity with oversight authority shall \n report to the Secretary the name and address of \n any provider of services with a pattern of poor \n performance.\n ``(ii) Determination of pattern.--The \n agency or entity with oversight authority shall \n determine if a pattern of poor performance \n exists with respect to a provider of services \n in accordance with the definition of pattern of \n poor performance developed by the Secretary \n under clause (iii).\n ``(iii) Development of definition.--The \n Secretary, in consultation with national \n accrediting organizations and others, shall \n develop a definition to identify a provider of \n services with a pattern of poor performance.\n ``(D) Authority to waive reporting requirement.--\n The Secretary may waive the requirement to submit a \n report required under this paragraph (but not a report \n regarding a sentinel event that resulted in death \n required under paragraph (3)) upon consideration of the \n severity of the sentinel event.\n ``(3) Additional reporting requirements for sentinel events \n resulting in death.--In addition to the report required under \n paragraph (1), a provider of services shall report any sentinel \n event resulting in death to--\n ``(A) the Secretary or the Secretary's designee;\n ``(B) the State Attorney General or, upon agreement \n with the State Attorney General, to the appropriate law \n enforcement agency;\n ``(C) the State agency responsible for licensing \n the provider of services; and\n ``(D) the State protection and advocacy system \n established pursuant to part C of title I of the \n Developmental Disabilities Assistance and Bill of \n Rights Act (42 U.S.C. 6041 et seq.) for the State in \n which the event occurred.\n ``(4) Responsibilities of the agency or entity with \n oversight authority.--Upon receipt of a report of a sentinel \n event that resulted in death, the agency or entity with \n oversight authority shall, in addition to the requirements of \n paragraph (2)--\n ``(A) determine whether the death was related to \n the use of restraints or seclusion; and\n ``(B) notify the Secretary of the determination.\n ``(5) Sanctions for failure to report.--\n ``(A) In general.--The Secretary shall establish \n sanctions, including intermediate sanctions, as \n appropriate, for failure of a provider of services or \n an agency or entity with oversight authority to submit \n the reports and information required under this \n subsection.\n ``(B) Removal of agency or entity with oversight \n authority.--The Secretary, after notice to an agency or \n entity with oversight authority of a provider of \n services, as determined in paragraph (1), and \n opportunity to comply, may remove the agency or entity \n of such authority if the agency or entity refuses to \n submit the reports and information required under this \n subsection.\n ``(6) Liability for reporting.--An individual, provider of \n services, agency, or entity shall be liable with respect to any \n information contained in a report required under this \n subsection if the individual, provider of services, agency, or \n entity had knowledge of the falsity of the information \n contained in the report at the time the report was submitted \n under this subsection. Nothing in the preceding sentence shall \n be construed as limiting the liability of an individual, \n provider of services, agency, or entity for damages relating to \n the occurrence of a sentinel event, including a sentinel event \n that results in death.\n ``(7) Nondisclosure of analysis.--Notwithstanding any other \n provision of law or regulation, the root cause analysis \n developed under this subsection shall be kept confidential and \n shall not be subject to disclosure or discovery in a civil \n action.\n ``(d) Establishment or Designation of Sentinel Events Database.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this section, the Secretary shall establish or \n designate a database of information using the reports submitted \n under paragraphs (2) and (3) of subsection (c) (in this \n subsection referred to as the `Sentinel Events Database').\n ``(2) Contents.--\n ``(A) In general.--Subject to subparagraph (B), the \n Sentinel Events Database shall include the following:\n ``(i) The name and address of any provider \n of services that is the subject of a report \n submitted under subsection (c)(3), if the \n agency or entity with oversight authority has \n determined that the death was related to the \n use of restraints or seclusion.\n ``(ii) The information reported by the \n agency or entity under subparagraphs (B) and \n (C) of subsection (c)(2).\n ``(B) Confidentiality.--The Secretary shall \n establish procedures to ensure that the privacy of \n individuals whose treatment is the subject of a report \n submitted under paragraph (2) or (3) of subsection (c) \n is protected.\n ``(3) Procedures for entry of information.--\n ``(A) In general.--The Secretary shall--\n ``(i) prior to entry of information in the \n Sentinel Events Database, disclose the \n information to the provider of services that is \n the subject of the information; and\n ``(ii) establish procedures to--\n ``(I) resolve disputes regarding \n the accuracy of the information; and\n ``(II) ensure the accuracy of the \n information.\n ``(B) No delay of sanctions.--Any sanction to be \n imposed by the Secretary against a provider of services \n or an agency or entity with oversight authority in \n relation to a sentinel event shall not be delayed as a \n result of a dispute regarding the accuracy of \n information to be entered into the database.\n ``(4) Access to the database.--\n ``(A) Availability.--The Secretary shall establish \n procedures for making the information maintained in the \n Sentinel Events Database related to a sentinel event \n resulting in death, and any reports of sentinel \n injuries arising from those providers of services with \n a pattern of poor performance identified in accordance \n with subsection (c)(2)(C), available to Federal and \n State agencies, national accrediting bodies, health \n care researchers, and the public.\n ``(B) Internet access.--In addition to any other \n procedures that the Secretary develops under \n subparagraph (A), the information in the Sentinel \n Events Database shall be accessible through the \n Internet.\n ``(C) Fees for disclosure.--\n ``(i) In general.--Subject to clause (ii), \n the Secretary may establish or approve \n reasonable fees for disclosing information \n maintained in the Sentinel Events Database.\n ``(ii) No fee for federal agencies.--No fee \n shall be charged to a Federal agency for access \n to the Sentinel Events Database.\n ``(iii) Application of fees.--Fees \n collected under this clause shall be applied by \n the Secretary toward the cost of maintaining \n the Sentinel Events Database.''.\n (b) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by this section take effect on the date of enactment of \n this Act.\n (2) Reporting requirements.--The reporting requirements \n under section 1897(c) of the Social Security Act, as added by \n subsection (a), shall apply to sentinel events occurring on and \n after the date of enactment of this Act.\n\nSEC. 3. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF \n SENTINEL EVENTS UNDER MEDICAID.\n\n (a) State Plans for Medical Assistance.--Section 1902(a) of the \nSocial Security Act (42 U.S.C. 1396a(a)) is amended--\n (1) in paragraph (65), by striking the period and inserting \n ``; and''; and\n (2) by adding at the end the following:\n ``(66) provide that the State will ensure that any \n congregate care provider (as defined in section 1905(v)) that \n provides services to an individual for which medical assistance \n is available shall--\n ``(A) protect and promote the right of each \n individual to be free from physical or mental abuse, \n corporal punishment, involuntary seclusion, and any \n physical or chemical restraints imposed for purposes of \n discipline or convenience;\n ``(B) impose restraints only--\n ``(i) to ensure the physical safety of the \n individual or other individuals; and\n ``(ii) upon the written order of a \n physician that specifies the duration and \n circumstances under which the restraints are to \n be used (except in emergency circumstances \n specified by the Secretary until such an order \n could reasonably be obtained); and\n ``(C) submit the reports required under subsection \n (c) of section 1897 (relating to sentinel events) in \n the same manner as a provider of services under that \n section is required to submit such reports.''.\n (b) Definition of Congregate Care Provider.--Section 1905 of the \nSocial Security Act (42 U.S.C. 1396d) is amended by adding at the end \nthe following:\n ``(v) The term `congregate care provider' means an entity that \nprovides hospital services, nursing facility services, services of \nintermediate care facilities for the mentally retarded, hospice care, \nresidential treatment centers for children, services in an institution \nfor mental diseases, inpatient psychiatric hospital services for \nindividuals under age 21, or congregate care services under a waiver \nauthorized under section 1915(c).''.\n (c) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by this section take effect on the date of enactment of \n this Act.\n (2) Reporting requirements.--The reporting requirements \n under section 1902(a)(66)(C) of the Social Security Act (42 \n U.S.C. 1396a(a)(66)(C)), as added by subsection (a), shall \n apply to sentinel events occurring on and after the date of \n enactment of this Act.","summary":"Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care. And (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used . Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance. And (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.","title":"Freedom From Restraint Act of 1999","text_len":19830,"sum_len":1087} {"bill_id":"105_hr3534","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mandates Information Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Before acting on proposed private sector mandates, the \n Congress should carefully consider the effects on consumers, \n workers, and small businesses.\n (2) The Congress has often acted without adequate \n information concerning the costs of private sector mandates, \n instead focusing only on the benefits.\n (3) The costs of private sector mandates are often borne in \n part by consumers, in the form of higher prices and reduced \n availability of goods and services.\n (4) The costs of private sector mandates are often borne in \n part by workers, in the form of lower wages, reduced benefits, \n and fewer job opportunities.\n (5) The costs of private sector mandates are often borne in \n part by small businesses, in the form of hiring disincentives \n and stunted growth.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are the following:\n (1) To improve the quality of the Congress' deliberation \n with respect to proposed mandates on the private sector, by--\n (A) providing the Congress with more complete \n information about the effects of such mandates; and\n (B) ensuring that the Congress acts on such \n mandates only after focused deliberation on the \n effects.\n (2) To enhance the ability of the Congress to distinguish \n between private sector mandates that harm consumers, workers, \n and small businesses, and mandates that help those groups.\n\nSEC. 4. FEDERAL PRIVATE SECTOR MANDATES.\n\n (a) In General.--\n (1) Estimates.--Section 424(b)(2) of the Congressional \n Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended--\n (A) in subparagraph (A) by striking ``and'' after \n the semicolon; and\n (B) by redesignating subparagraph (B) as \n subparagraph (C), and inserting after subparagraph (A) \n the following:\n ``(B) when applicable, the impact (including any \n disproportionate impact in particular regions or \n industries) on consumers, workers, and small \n businesses, of the Federal private sector mandates in \n the bill or joint resolution, including--\n ``(i) an analysis of the effect of the \n Federal private sector mandates in the bill or \n joint resolution on consumer prices and on the \n actual supply of goods and services in consumer \n markets;\n ``(ii) an analysis of the effect of the \n Federal private sector mandates in the bill or \n joint resolution on worker wages, worker \n benefits, and employment opportunities; and\n ``(iii) an analysis of the effect of the \n Federal private sector mandates in the bill or \n joint resolution on the hiring practices, \n expansion, and profitability of businesses with \n 100 or fewer employees; and''.\n (2) Point of order.--Section 424(b)(3) of the Congressional \n Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding \n after the period the following: ``If such determination is made \n by the Director, a point of order under this part shall lie \n only under section 425(a)(1) and as if the requirement of \n section 425(a)(1) had not been met.''.\n (3) Threshold amounts.--Section 425(a) of the Congressional \n Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by--\n (A) striking ``and'' after the semicolon at the end \n of paragraph (1) and redesignating paragraph (2) as \n paragraph (3); and\n (B) inserting after paragraph (1) the following new \n paragraph:\n ``(2) any bill, joint resolution, amendment, motion, or \n conference report that would increase the direct costs of \n Federal private sector mandates (excluding any direct costs \n that are attributable to revenue resulting from tax or tariff \n provisions of any such measure if it does not raise net tax and \n tariff revenues over the 5-fiscal-year period beginning with \n the first fiscal year such measure affects such revenues) by an \n amount that causes the thresholds specified in section \n 424(b)(1) to be exceeded; and''.\n (4) Application relating to appropriations committees.--(A) \n Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2 \n U.S.C. 658d(c)(1)(A)) is amended by striking ``except''.\n (B) Section 425(c)(1)(B) of the Congressional Budget Act of \n 1974 (2 U.S.C. 658d(c)(1)(B)) is amended--\n (i) in clause (i) by striking \n ``intergovernmental'';\n (ii) in clause (ii) by striking \n ``intergovernmental'';\n (iii) in clause (iii) by striking \n ``intergovernmental''; and\n (iv) in clause (iv) by striking \n ``intergovernmental''.\n (5) Threshold burden.--(A) Section 426(b)(2) of the \n Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is \n amended by inserting ``legislative'' before ``language''.\n (B) Section 426(b)(2) of the Congressional Budget Act of \n 1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425 \n or subsection (a) of this section'' and inserting ``part B''.\n (6) Question of consideration.--(A) Section 426(b)(3) of \n the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is \n amended by striking ``section 425 or subsection (a) of this \n section'' and inserting ``part B''.\n (B) Section 426(b)(3) of the Congressional Budget Act of \n 1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except \n that not more than one point of order shall be recognized by \n the Chair under section 425(a)(1) or (a)(2)'' before the \n period.\n (7) Application relating to congressional budget office.--\n Section 427 of the Congressional Budget Act of 1974 (2 U.S.C. \n 658f) is amended by striking ``intergovernmental''.\n (b) Rules of the House of Representatives.--Clause 5(c) of rule \nXXIII of the Rules of the House of Representatives is amended by \nstriking ``intergovernmental'' and by striking ``section 424(a)(1)'' \nand inserting ``section 424 (a)(1) or (b)(1)''.\n (c) Exercise of Rulemaking Powers.--This section is enacted by \nCongress--\n (1) as an exercise of the rulemaking power of the Senate \n and the House of Representatives, respectively, and as such it \n shall be considered as part of the rules of such House, \n respectively, and shall supersede other rules only to the \n extent that they are inconsistent therewith; and\n (2) with full recognition of the constitutional right of \n either House to change such rules (so far as relating to such \n House) at any time, in the same manner, and to the same extent \n as in the case of any other rule of each House.\n (d) Annual CBO Reports.--Within 90 calendar days after the end of \neach fiscal year, the Director of the Congressional Budget Office shall \ntransmit a report to each House of Congress of the economic impact of \nthe amendments made by this Act to the Congressional Budget Act of 1974 \non employment and businesses in the United States.\n\nSEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.\n\n Section 421(5)(B) of the Congressional Budget and Impoundment \nControl Act of 1974 (2 U.S.C. 658(5)(B)) is amended--\n (1) by striking ``the provision'' after ``if'';\n (2) in clause (i)(I) by inserting ``the provision'' before \n ``would'';\n (3) in clause (i)(II) by inserting ``the provision'' before \n ``would''; and\n (4) in clause (ii)--\n (A) by inserting ``that legislation, statute, or \n regulation does not provide'' before ``the State''; and\n (B) by striking ``lack'' and inserting ``new or \n expanded''.\n\n Passed the House of Representatives May 19, 1998.\n\n Attest:\n\n Clerk.","summary":"Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate. And (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate contained in such Senator's amendment. Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses. Redefines Federal intergovernmental mandate to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided.","title":"Mandates Information Act of 1998","text_len":8873,"sum_len":1751} {"bill_id":"109_s2675","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fuel-Efficient Fleets Act of 2006''.\n\nSEC. 2. FUEL ECONOMY OF THE FEDERAL FLEET.\n\n Section 32917 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(c) New Vehicles.--\n ``(1) In general.--Except as provided in paragraph (2), or \n by a waiver granted by the Adminstrator of the General Services \n Administration, each passenger automobile purchased, or leased \n for at least 60 consecutive days, by an executive agency after \n the date of enactment of the Fuel-Efficient Fleets Act of 2006 \n shall achieve a minimum fuel economy as follows:\n ``(A) For vans (except minivans), not less than 15 \n miles per gallon.\n ``(B) For minivans, not less than 20 miles per \n gallon.\n ``(C) For pickup trucks, not less than 24 miles per \n gallon.\n ``(D) For sport utility vehicles, not less than 36 \n miles per gallon.\n ``(E) For passenger automobiles not described in \n subparagraphs (A) through (D), not less than 45 miles \n per gallon.\n ``(2) Phase-in period.--Of the automobiles described in \n paragraph (1), not fewer than--\n ``(A) 25 percent of such automobiles purchased by \n an executive agency during the 1-year period beginning \n on the date of the enactment of the Fuel-Efficient \n Fleets Act of 2006 shall achieve the minimum fuel \n economy described in paragraph (1)(D);\n ``(B) 50 percent of such automobiles purchased by \n an executive agency during the 1-year period beginning \n 1 year after the date of the enactment of the Fuel-\n Efficient Fleets Act of 2006 shall achieve the minimum \n fuel economy described in paragraph (1)(D); and\n ``(C) 75 percent of such automobiles purchased by \n an executive agency during the 1-year period beginning \n 2 years after the date of the enactment of the Fuel-\n Efficient Fleets Act of 2006 shall achieve the minimum \n fuel economy described in paragraph (1)(D); and\n ``(D) 100 percent of such automobiles purchased by \n an executive agency during the 1-year period beginning \n 3 years after the date of the enactment of the Fuel-\n Efficient Fleets Act of 2006 shall achieve the minimum \n fuel economy described in paragraph (1)(D).''.\n\nSEC. 3. FUEL ECONOMY STANDARD EVALUATION.\n\n (a) Study.--The Secretary of Energy, in consultation with the \nSecretary of Transportation, shall annually evaluate the fuel economy \nstandards under section 32917(c)(1) of title 49, United States Code, \nbased on relevant technological advances during the previous year.\n (b) Increased Standards.--If the Secretary of Energy determines \nthat significant technological improvements make it feasible to achieve \nhigher fuel economy, the Secretary shall increase the fuel economy \nstandards under section 32917(c)(1) of title 49, United States Code \nconsistent with such determination.\n\nSEC. 4. GRANTS TO STATES.\n\n (a) Grants Authorized.--The Secretary of Transportation may award \ngrants to assist States to purchase vans, trucks, sport utility \nvehicles, minivans, or passenger automobiles that meet the fuel economy \nrequirements for new federal fleet vehicles described in section \n32917(c) of title 49, United States Code, as added by section 2.\n (b) Eligibility.--Grants shall be made available to States that \ncomply with the minimum fuel economy standards described in section \n32917(c) of title 49, United States Code.\n (c) Duration.--The Secretary shall award grants to eligible States \nunder this section for periods not to exceed 1 year.\n (d) Use of Funds.--Grants awarded under this section shall be used \nto purchase vehicles that meet the fuel economy requirements described \nin subsection (b).\n (e) Application.--The appropriate official of a State seeking a \ngrant under this section shall submit an application to the Secretary \nof Transportation, at such time and in such manner as the Secretary may \nrequire, containing a vehicle purchase plan in accordance with \nsubsection (b).\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated $100,000,000 for fiscal year 2007, which shall remain \navailable for the 5-year period beginning on the date of the enactment \nof this Act, for grants to eligible States under this section.\n\nSEC. 5. BUY AMERICAN PREFERENCE.\n\n An executive agency (as defined in section 32917(a) of title 49, \nUnited States Code) that purchases or leases (for at least 60 \nconsecutive days) passenger automobiles (as defined in section 32901 of \ntitle 49, United States Code) shall, when determining which models to \npurchase, give a preference to automobiles that are assembled in the \nUnited States from components, of which not less than 50 percent were \nmanufactured in the United States.","summary":"Fuel-Efficient Fleets Act of 2006 - Amends federal transportation law to set forth certain phased-in minimum fuel economy standards for new federal fleet vehicles. Authorizes the award of grants to assist states in purchasing vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the new federal fleet vehicle fuel economy standards. Subjects federal agencies to Buy American requirements requiring not less than 50 of newly purchased or leased federal fleet vehicles to be US manufactured.","title":"A bill to amend title 49, United States Code, to set minimum fuel economy requirements for federal vehicles, to authorize grants to States to purchase fuel efficient vehicles, and for other purposes.","text_len":5263,"sum_len":519} {"bill_id":"108_hr2542","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Joint Committee on Agency Rule \nReview Act of 2003'' or the ``JCARR Act''.\n\nSEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON AGENCY RULE REVIEW.\n\n Section 802 of title 5, United States Code, is amended by \nredesignating subsection (g) as subsection (i) and by inserting before \nsubsection (i) the following new subsection:\n ``(h)(1) There is established a Joint Committee on Agency Rule \nReview to be composed of 12 Members of the Senate to be appointed by \nthe majority leader of the Senate and 12 Members of the House of \nRepresentatives to be appointed by the Speaker of the House of \nRepresentatives. In each instance, not more than 7 Members shall be \nmembers of the same political party.\n ``(2) In carrying out its duties under this chapter, the joint \ncommittee, or any duly authorized subcommittee thereof, is authorized \nto--\n ``(A) hold such hearings, to sit and act at such places and \n times within the United States during the sessions, recesses, \n and adjourned periods of Congress;\n ``(B) require the attendance of such witnesses and the \n production of such books, papers, and documents, administer \n such oaths, take such testimony, procure such printing and \n binding as it deems necessary; and\n ``(C) make such rules respecting its organization and \n procedures as it deems necessary, but no bill shall be reported \n from the joint committee unless a majority of the committee \n assent.\n ``(3) The members of the joint committee who are Members of the \nSenate shall from time to time report to the Senate, and the members of \nthe joint committee who are Members of the House of Representatives \nshall from time to time report to the House, by bill or otherwise, \ntheir recommendations with respect to matters within the jurisdiction \nof their respective Houses which are referred to the joint committee or \notherwise within the jurisdiction of the joint committee.\n ``(4) Vacancies in the membership of the joint committee shall not \naffect the power of the remaining members to execute the functions of \nthe joint committee, and shall be filled in the same manner as in the \ncase of the original selection. The joint committee shall select a \nchairman and a vice chairman from among its members at the beginning of \neach Congress. The vice chairman shall act in place of the chairman in \nthe absence of the chairman. The chairmanship shall alternate between \nthe Senate and the House of Representatives with each Congress, and the \nchairman shall be selected by the Members from that House entitled to \nthe chairmanship. The vice chairman shall be chosen from the House \nother than that of the chairman by the Members from that House.\n ``(5) The joint committee may appoint and fix the compensation of \nsuch staff as it deems necessary.\n ``(6)(A) Notwithstanding any law, rule, or other authority, there \nshall be paid out of the applicable accounts of the House of \nRepresentatives such sums as may be necessary for one-half of the \nexpenses of the joint committee. Such payments shall be made on \nvouchers signed by the chairman or vice chairman of the joint committee \nwho is a Member of the House of Representatives, as the case may be, \nand approved in the manner directed by the Committee on House \nAdministration of the House of Representatives. Amounts made available \nunder this paragraph shall be expended in accordance with regulations \nprescribed by the Committee on House Administration of the House of \nRepresentatives.\n ``(B) (To be supplied by the Senate).''.\n\nSEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.\n\n (a) House of Representatives.--Section 802 of title 5, United \nStates Code, is amended by redesignating subsection (f) as subsection \n(g) and by inserting after subsection (e) the following new subsection:\n ``(f)(1) In the House, after the third legislative day after the \ndate on which the joint committee has reported a joint resolution \ndescribed in subsection (a), it is in order for any Member of the House \nto move to proceed to consideration of the joint resolution. All points \nof order against the motion to proceed and against consideration of \nthat motion are waived. The motion is privileged in the House and is \nnot debatable. The motion is not subject to amendment, or to a motion \nto postpone, or to a motion to proceed to the consideration of other \nbusiness. A motion to reconsider the vote by which the motion is agreed \nto or disagreed to shall not be in order. If a motion to proceed to the \nconsideration of the joint resolution is agreed to, the House shall \nimmediately proceed to consideration of the joint resolution without \nintervening motion (except one motion to adjourn), order, or other \nbusiness.\n ``(2)(A) In the House, debate shall be confined to the joint \nresolution and shall not exceed one hour equally divided and controlled \nby a proponent and an opponent of the joint resolution. The previous \nquestion shall be considered as ordered on the joint resolution to \nfinal passage without intervening motion, except one motion to \nrecommit. A motion to reconsider the vote on passage of the joint \nresolution shall not be in order.''.\n (b) Senate.--The first sentence of section 802(d)(1) of title 5, \nUnited States Code, is amended by inserting ``any Member of the Senate \nto make'' before ``a motion to proceed''.\n\nSEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Congressional Review.--Section 801(a) of title 5, United States \nCode, is amended--\n (1) in paragraph (1)(A), by striking ``each House of \n Congress'' and inserting ``the joint committee'';\n (2) in paragraph (1)(B), by striking ``each House of \n Congress'' and inserting ``the joint committee'';\n (3) by amending paragraph (1)(C) to read as follows:\n ``(C) Upon receipt of a report submitted under subparagraph (A), \nthe chairman or vice chairman of the joint committee shall provide \ncopies of the report to the chairman and ranking member of each \napplicable standing committee with jurisdiction under the rules of the \nHouse of Representatives or the Senate of the subject matter of the \nprovision of law under which the rule is issued.'';\n (4) in paragraph (2)(A), by striking ``committees of \n jurisdiction in each House of the Congress'' and inserting \n ``joint committee'';\n (5) in paragraph (3)(A)(i), by striking ``Congress'' and \n inserting ``joint committee''; and\n (6) in paragraph (4), by striking ``Congress'' and \n inserting ``the joint committee''.\n (b) Congressional Disapproval Procedure.--Section 802 of title 5, \nUnited States Code, is amended--\n (1) in subsection (a), by striking ``Congress'' the first \n place it appears and inserting ``the joint committee'';\n (2) by striking subsection (b) and inserting the following \n new subsection:\n ``(b) For purposes of this section, the term `submission or \npublication date' means the later of the date on which--\n ``(1) the joint committee receives the report submitted \n under section 801(a)(1); or\n ``(2) the rule is published in the Federal Register, if so \n published.'';\n (3) in subsection (c), by striking ``committee to which is \n referred a joint resolution described in subsection (a) has not \n reported such'' and inserting ``joint committee has not \n reported a''; and\n (4) in subsection (d)(1), by striking ``committee to which \n is referred a joint resolution is referred has reported'' and \n inserting ``joint committee'' and by striking ``a committee'' \n and inserting ``the joint committee''.\n (c) Definitions.--Section 804 of title 5, United States Code, is \namended by adding at the end the following new paragraph:\n ``(4) The term `joint committee' refers to the Joint \n Committee on Agency Rule Review.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act and the amendments made by it shall take effect at noon on \nJanuary 3, 2005.","summary":"Joint Committee on Agency Rule Review Act of 2003 - Amends Federal law to establish the Joint Committee on Agency Rule Review. Prescribes a procedure for expedited consideration by the House of Representatives of a joint resolution reported by such committee disapproving an agency rule.","title":"To amend chapter 8 of title 5, United States Code, to establish the Joint Committee on Agency Rule Review.","text_len":8240,"sum_len":287} {"bill_id":"111_hr1347","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Concussion Treatment and Care Tools \nAct of 2010'' or the ``ConTACT Act of 2010''.\n\nSEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED \n CHILDREN.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317T the following:\n\n``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-\n AGED CHILDREN.\n\n ``(a) Concussion Management Guidelines.--\n ``(1) Establishment.--Not later than 2 years after the date \n of the enactment of this section, the Secretary shall establish \n concussion management guidelines that address the prevention, \n identification, treatment, and management of concussions (as \n defined by the Secretary) in school-aged children, including \n standards for such children to return to play after \n experiencing such a concussion, and shall make available such \n guidelines and standards to the general public, including \n health professionals.\n ``(2) Conference.--The Secretary shall convene a conference \n of medical, athletic, and educational stakeholders for purposes \n of assisting in the establishment of the guidelines.\n ``(b) Grants to States.--\n ``(1) In general.--After establishing the guidelines under \n subsection (a), the Secretary may make grants to States for \n purposes of--\n ``(A) providing for the collection by target \n entities of information on the incidence and prevalence \n of concussions among school-aged children attending or \n participating in such entities;\n ``(B) adopting, disseminating, and ensuring the \n implementation by target entities of the guidelines;\n ``(C) funding implementation by target entities of \n pre-season baseline and post-injury testing, including \n computerized testing, for school-aged children; and\n ``(D) any other activity or purpose specified by \n the Secretary.\n ``(2) Grant applications.--\n ``(A) In general.--To be eligible to receive a \n grant under this subsection, the Secretary shall \n require a State to submit an application to the \n Secretary at such time, in such manner, and containing \n such information as the Secretary shall require.\n ``(B) Minimum contents.--The Secretary shall \n require that an application of a State under \n subparagraph (A) contain at a minimum--\n ``(i) a description of the strategies the \n State will use to disseminate, and ensure the \n implementation by target entities of, the \n guidelines, including coordination with ongoing \n State-based efforts to implement State laws \n governing youth concussion management; and\n ``(ii) an agreement by the State to \n periodically provide data to the Secretary with \n respect to the incidence of concussions and \n second impact syndrome among school-aged \n children in the State.\n ``(3) Utilization of high school sports associations, youth \n sports associations, athletic trainer associations, and local \n chapters of national brain injury organizations.--In \n disseminating and ensuring the implementation by target \n entities of the guidelines pursuant to a grant under this \n subsection, the Secretary shall require States receiving grants \n under this subsection to utilize, to the extent practicable, \n applicable expertise and services offered by high school sports \n associations, youth sports associations, athletic trainer \n associations, and local chapters of national brain injury \n organizations in such States.\n ``(c) Coordination of Activities.--In carrying out activities under \nthis section, the Secretary shall coordinate in an appropriate manner \nwith the heads of other Federal departments and agencies that carry out \nactivities related to concussions and other traumatic brain injuries.\n ``(d) Reports.--\n ``(1) Establishment of the guidelines.--Not later than 2 \n years after the date of the enactment of this section, the \n Secretary shall submit to the Congress a report on the \n implementation of subsection (a).\n ``(2) Grant program and data collection.--Not later than 4 \n years after the date of the enactment of this section, the \n Secretary shall submit to the Congress a report on the \n implementation of subsection (b), including--\n ``(A) the number of States that have adopted the \n guidelines;\n ``(B) the number of target entities that have \n implemented pre-season baseline and post-injury \n testing, including computerized testing, for school-\n aged children; and\n ``(C) the data collected with respect to the \n incidence of concussions and second impact syndrome \n among school-aged children.\n ``(e) Definitions.--In this section:\n ``(1) The term `guidelines' means the concussion management \n guidelines established under subsection (a).\n ``(2) The term `return to play' means, with respect to a \n school-aged child experiencing a concussion, the return of such \n child to participating in the sport or other activity related \n to such concussion.\n ``(3) The term `school-aged children' means individuals who \n are at least 5 years of age and not more than 18 years of age.\n ``(4) The term `second impact syndrome' means catastrophic \n or fatal events that occur when an individual suffers a \n concussion while symptomatic and healing from a previous \n concussion.\n ``(5) The term `Secretary' means the Secretary of Health \n and Human Services, acting through the Director of the Centers \n for Disease Control and Prevention.\n ``(6) The term `State' means each of the 50 States and the \n District of Columbia.\n ``(7) The term `target entity' means an elementary school, \n a secondary school, or a youth sports association.''.\n\n Passed the House of Representatives September 30 \n (legislative day September 29), 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Concussion Treatment and Care Tools Act of 2010 or the ConTACT Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and publish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for such children to return to play after experiencing a concussion. Requires the Secretary to convene a conference of medical, athletic, and educational stakeholders to assist in establishing such guidelines. Authorizes the Secretary to make grants to states to: (1) provide for the collection by elementary schools, secondary schools, or youth sports associations of information on the incidence and prevalence of concussions among school-aged children attending or participating in sports or activities. (2) adopt, disseminate, and ensure the implementation by such schools and associations of the guidelines. And (3) fund implementation by schools and associations of preseason baseline and post-injury testing, including computerized testing, for school aged children. Directs the Secretary to require states receiving grants under this Act to utilize applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such states. Requires the Secretary to coordinate with the heads of other federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. Sets forth reporting requirements.","title":"To amend title III of the Public Health Service Act to provide for the establishment and implementation of concussion management guidelines with respect to school-aged children, and for other purposes.","text_len":7032,"sum_len":1643} {"bill_id":"110_hr2737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Relief Act of 2007''.\n\nSEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY \n UNINSURED INDIVIDUALS.\n\n (a) Allowance of Credit.--\n (1) In general.--Subpart C of part IV of subchapter A of \n chapter 1 of the Internal Revenue Code of 1986 (relating to \n refundable personal credits) is amended by redesignating \n section 36 as section 37 and by inserting after section 35 the \n following new section:\n\n``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.\n\n ``(a) Allowance of Credit.--In the case of a previously uninsured \nindividual, there shall be allowed as a credit against the tax imposed \nby this subtitle for the taxable year an amount equal to the amount \npaid by the taxpayer during such taxable year for health insurance \ncoverage for the taxpayer and the taxpayer's spouse and dependents.\n ``(b) Limitation.--The amount allowed as a credit under subsection \n(a) for the taxable year shall not exceed $1,000 ($2,000 in the case of \na joint return filed by 2 previously uninsured individuals).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Previously uninsured individual.--The term \n `previously uninsured individual' means any individual who had \n no health insurance coverage at any time during the 6-month \n period before the earliest date that such individual has health \n insurance coverage by reason of the payments taken into account \n under subsection (a).\n ``(2) Health insurance coverage.--The term `health \n insurance coverage' has the meaning given to such term by \n section 9832(b)(1).\n ``(d) Special Rules.--\n ``(1) Coordination with other benefits.--The amount which \n would (but for this paragraph) be taken into account by the \n taxpayer under sections 35, 162(l), 213, 220, or 223 for the \n taxable year shall be reduced by the credit allowed by this \n section to the taxpayer for such year.\n ``(2) Denial of credit to dependents.--No credit shall be \n allowed under this section to any individual with respect to \n whom a deduction under section 151 is allowable to another \n taxpayer for a taxable year beginning in the calendar year in \n which such individual's taxable year begins.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``, 36,'' after ``35''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the last item and inserting the \n following:\n\n``Sec. 36. Health insurance costs of previously uninsured individuals.\n``Sec. 37. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following:\n\n``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES.\n\n ``(a) General Rule.--For purposes of section 38, in the case of a \nsmall employer, the health insurance credit determined under this \nsection for the taxable year is an amount equal to 35 percent of the \nexpenses paid by the taxpayer during the taxable year for health \ninsurance coverage for such year provided under a new health plan for \nemployees of such employer.\n ``(b) Limitations.--\n ``(1) Per employee dollar limitation.--The amount of \n expenses taken into account under subsection (a) with respect \n to any employee for any taxable year shall not exceed--\n ``(A) $800 in the case of self-only coverage, and\n ``(B) $2,000 in the case of family coverage.\n In the case of an employee who is covered by a new health plan \n of the employer for only a portion of such taxable year, the \n limitation under the preceding sentence shall be an amount \n which bears the same ratio to such limitation (determined \n without regard to this sentence) as such portion bears to the \n entire taxable year.\n ``(2) Period of coverage.--Expenses may be taken into \n account under subsection (a) only with respect to coverage for \n the 4-year period beginning on the date the employer \n establishes a new health plan.\n ``(3) Employer must bear 65 percent of cost.--Expenses may \n be taken into account under subsection (a) only if at least 65 \n percent of the cost of the coverage (without regard to this \n section) is borne by the employer.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Health insurance coverage.--The term `health \n insurance coverage' has the meaning given such term by section \n 9832(b)(1).\n ``(2) New health plan.--\n ``(A) In general.--The term `new health plan' means \n any arrangement of the employer which provides health \n insurance coverage to employees if--\n ``(i) such employer (and any predecessor \n employer) did not establish or maintain such \n arrangement (or any similar arrangement) at any \n time during the 2 taxable years ending prior to \n the taxable year in which the credit under this \n section is first allowed, and\n ``(ii) such arrangement provides health \n insurance coverage to at least 70 percent of \n the qualified employees of such employer.\n ``(B) Qualified employee.--The term `qualified \n employee' means any employee of an employer and shall \n include a leased employee within the meaning of section \n 414(n).\n ``(3) Small employer.--The term `small employer' has the \n meaning given to such term by section 4980D(d)(2); except \n that--\n ``(A) only qualified employees shall be taken into \n account, and\n ``(B) such section shall be applied by substituting \n `100 employees' for `50 employees'.\n ``(d) Special Rules.--\n ``(1) Certain rules made applicable.--For purposes of this \n section, rules similar to the rules of section 52 shall apply.\n ``(2) Amounts paid under salary reduction arrangements.--No \n amount paid or incurred pursuant to a salary reduction \n arrangement shall be taken into account under subsection (a).\n ``(3) Inflation adjustment.--In the case of any taxable \n year beginning in a calendar year after 2008, each dollar \n amount contained in subsection (b) shall be increased by an \n amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2006' for `calendar year 1992' in \n subparagraph (B) thereof.\n Any increase determined under the preceding sentence shall be \n rounded to the nearest multiple of $50.\n ``(e) Termination.--This section shall not apply to expenses paid \nor incurred by an employer with respect to any arrangement established \non or after January 1, 2014.''.\n (b) Credit To Be Part of General Business Credit.--Section 38(b) of \nsuch Code (relating to current year business credit) is amended by \nstriking ``plus'' at the end of paragraph (30), by striking the period \nat the end of paragraph (31) and inserting ``, plus'', and by adding at \nthe end the following:\n ``(32) in the case of a small employer (as defined in \n section 45O(c)(3)), the health insurance credit determined \n under section 45O(a).''.\n (c) Denial of Double Benefit.--Section 280C of such Code is amended \nby adding at the end the following new subsection:\n ``(e) Credit for Small Business Health Insurance Expenses.--\n ``(1) In general.--No deduction shall be allowed for that \n portion of the expenses (otherwise allowable as a deduction) \n taken into account in determining the credit under section 45O \n for the taxable year which is equal to the amount of the credit \n determined for such taxable year under section 45O(a).\n ``(2) Controlled groups.--Persons treated as a single \n employer under subsection (a) or (b) of section 52 shall be \n treated as 1 person for purposes of this section.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following:\n\n``Sec. 45O. Small business health insurance expenses.''.\n (e) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years beginning after \nDecember 31, 2007, for arrangements established after the date of the \nenactment of this Act.","summary":"Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents. And (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage.","title":"To amend the Internal Revenue Code of 1986 to allow previously uninsured individuals a refundable credit for health insurance costs and to provide tax incentives to encourage small business health plans.","text_len":9623,"sum_len":375} {"bill_id":"112_hr1891","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Setting New Priorities in Education \nSpending Act''.\n\nSEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.\n\n (a) Repeals.--The following provisions of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed:\n (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; \n relating to Early Reading First).\n (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; \n relating to the William F. Goodling Even Start Family Literacy \n programs).\n (3) Subpart 4 of part B of title I (20 U.S.C. 6383; \n relating to improving literacy through school libraries).\n (4) Section 1502 (20 U.S.C. 6492; relating to \n demonstrations of innovative practices).\n (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up \n Fellowship program).\n (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to \n comprehensive school reform).\n (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to \n school dropout prevention).\n (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school \n leadership).\n (9) Section 2151(c) (20 U.S.C. 6651(c); relating to \n advanced certification or advanced credentialing).\n (10) Section 2151(d) (20 U.S.C. 6651(d); relating to \n special education teacher training).\n (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early \n childhood educator professional development).\n (12) Section 2151(f) (20 U.S.C. 6651(f); relating to \n teacher mobility).\n (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et \n seq.; relating to the National Writing Project).\n (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et \n seq.; relating to the teaching of traditional American \n history).\n (15) Part D of title II (20 U.S.C. 6751 et seq.; relating \n to enhancing education through technology).\n (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly \n referred to as the ``Improving Language Instruction Educational \n Programs for Academic Achievement Act'').\n (17) Section 4003(1) (20 U.S.C. 7103(1); relating to \n subpart 1 of part A of title IV).\n (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et \n seq.; relating to State grants for safe and drug-free schools \n and communities).\n (19) Section 4129 (20 U.S.C. 7139; relating to grants to \n reduce alcohol abuse).\n (20) Section 4130 (20 U.S.C. 7140; relating to mentoring \n programs).\n (21) Subpart 2 of part D of title V (20 U.S.C. 7245; \n relating to elementary and secondary school counseling \n programs).\n (22) Subpart 3 of part D of title V (20 U.S.C. 7247; \n relating to partnerships in character education).\n (23) Subpart 4 of part D of title V (20 U.S.C. 7249; \n relating to smaller learning communities).\n (24) Subpart 5 of part D of title V (20 U.S.C. 7251; \n relating to the Reading is Fundamental--Inexpensive Book \n Distribution program).\n (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et \n seq.; relating to gifted and talented students).\n (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et \n seq.; commonly referred to as the ``Star Schools Act'').\n (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et \n seq.; relating to the Ready to Teach program).\n (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et \n seq.; commonly referred to as the ``Foreign Language Assistance \n Act of 2001'').\n (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et \n seq.; commonly referred to as the ``Carol M. White Physical \n Education Program'').\n (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et \n seq.; relating to community technology centers).\n (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et \n seq.; relating to educational, cultural, apprenticeship, and \n exchange programs for Alaska Natives, Native Hawaiians, and \n their historical whaling and trading partners in \n Massachusetts).\n (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et \n seq.; commonly referred to as the ``Excellence in Economic \n Education Act of 2001'').\n (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et \n seq.; relating to grants to improve the mental health of \n children).\n (34) Subpart 15 of part D of title V (20 U.S.C. 7271; \n relating to arts in education).\n (35) Subpart 17 of part D of title V (20 U.S.C. 7275; \n relating to combatting domestic violence).\n (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et \n seq.; relating to healthy, high-performance schools).\n (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et \n seq.; relating to additional assistance for certain local \n educational agencies impacted by Federal property acquisition).\n (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et \n seq.; commonly referred to as the ``Women's Educational Equity \n Act of 2001'').\n (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly \n referred to as the ``Native Hawaiian Education Act'').\n (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly \n referred to as the ``Alaska Native Educational Equity, Support, \n and Assistance Act'').\n (b) Conforming Amendments.--\n (1) Title i.--\n (A) Section 1002.--Section 1002 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 6302) is \n amended--\n (i) in subsection (b)--\n (I) by striking paragraphs (2) \n through (4); and\n (II) by striking the following:\n ``(b) Reading First.--\n ``(1) Reading first.--For'', and inserting the following:\n ``(b) Reading First.--For'';\n (ii) in subsection (e)--\n (I) by striking paragraph (2); and\n (II) by striking the following:\n ``(e) Federal Activities.--\n ``(1) Sections 1501 and 1502.--For the purpose of carrying \n out sections 1501 and 1502,'', and inserting the following:\n ``(e) Federal Activities.--For the purpose of carrying out section \n1501,'';\n (iii) by striking subsection (f);\n (iv) by redesignating subsections (g) \n through (i) as subsections (f) through (h), \n respectively;\n (v) by striking subsection (g) (as so \n redesignated); and\n (vi) by redesignating subsection (h) (as so \n redesignated) as subsection (g).\n (B) Section 1116.--Section 1116(b)(3)(A)(i) of such \n Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking \n ``, and may include'' and all that follows through \n ``part F''.\n (C) Section 1202.--Section 1202 of such Act (20 \n U.S.C. 6362) is amended--\n (i) in subsection (a)(1), by striking \n ``section 1002(b)(1)'' and inserting ``section \n 1002(b)''; and\n (ii) in subsection (c)(7)(A)(vii), by \n striking ``, including coordination'' and all \n that follows through ``where applicable''.\n (D) Section 1703.--Section 1703 of such Act (20 \n U.S.C. 6533) is amended by striking ``section 1002(g)'' \n and inserting ``section 1002(f)''.\n (2) Title ii.--\n (A) Section 2103.--Section 2103 of such Act (20 \n U.S.C. 6603) is amended--\n (i) in subsection (a), by striking \n ``subpart 5'' and inserting ``section \n 2151(a)''; and\n (ii) in subsection (b), by striking \n ``subpart 5'' and inserting ``section \n 2151(a)''.\n (B) Section 2123.--Section 2123(a)(5)(A) of such \n Act (20 U.S.C. 6623(a)(5)(A)) is amended by striking \n ``, and are coordinated'' and all that follows through \n ``part D''.\n (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) \n is amended--\n (A) in subsection (a)--\n (i) in paragraph (1), by striking ``, \n except for subpart 4 of part B'';\n (ii) by striking paragraph (2); and\n (iii) by striking the following:\n ``(a) Authorization of Appropriations.--\n ``(1) In general.--Subject'', and inserting the following:\n ``(a) Authorization of Appropriations.--Subject'';\n (B) in subsection (b)--\n (i) in paragraph (1), by striking \n ``paragraphs (1) and (2) of'';\n (ii) by striking paragraph (2); and\n (iii) by striking the following:\n ``(b) Conditions on Effectiveness of Parts A and B.--\n ``(1) Part a.--Part A'', and inserting the following:\n ``(b) Conditions on Effectiveness of Part A.--Part A''; and\n (C) by striking subsection (c).\n (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) \n (as amended by subsection (a)(17)), is further amended by \n striking ``appropriated--'' and all that follows through \n ``such'' and inserting ``appropriated such''.\n (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. \n 7351a(a)(3)) is amended by striking ``, as described in part D \n of title II''.\n (6) Title ix.--\n (A) Section 9101.--Section 9101 of such Act (20 \n U.S.C. 7801) is amended--\n (i) by amending paragraph (13) to read as \n follows:\n ``(13) Covered program.--The term `covered program' means \n each of the programs authorized by--\n ``(A) part A of title I;\n ``(B) part C of title I;\n ``(C) part D of title I;\n ``(D) part A of title II;\n ``(E) part A of title III;\n ``(F) part A of title IV;\n ``(G) part B of title IV;\n ``(H) part A of title V; and\n ``(I) subpart 2 of part B of title VI.''; and\n (ii) by amending paragraph (34)(A)(vii)(I) \n by striking ``(except'' and all that follows \n through ``part D of title II)''.\n (B) Section 9501.--Paragraph (1) of section 9501(b) \n of such Act (20 U.S.C. 7881(b)(1)) is amended to read \n as follows:\n ``(1) In general.--This section applies to programs under--\n ``(A) subpart 1 of part B of title I;\n ``(B) part C of title I;\n ``(C) part A of title II, to the extent provided in \n paragraph (3);\n ``(D) part B of title II;\n ``(E) part A of title III;\n ``(F) part A of title IV; and\n ``(G) part B of title IV.''.\n ","summary":"Setting New Priorities in Education Spending Act - Repeals specified provisions of the Elementary and Secondary Education Act of 1965. Lists the repealed provisions as those pertaining to: the Early Reading First program, under subpart 2 of part B of title I. The William F. Goodling Even Start Family Literacy programs, under subpart 3 of part B of title I. Improving literacy through school libraries, under subpart 4 of part B of title I. Demonstration projects of innovative practices for enabling children to meet state academic content and achievement standards, under part E of title I. The Close Up Fellowship program, under part E of title I, comprehensive school reform, under part F of title I, school dropout prevention, under part H of title I. School leadership, under subpart 5 of part A of title II. Advanced certification or advanced credentialing for teachers, under subpart 5 of part A of title II. Special education teacher training, under subpart 5 of part A of title II. Early childhood educator professional development, under subpart 5 of part A of title II. Teacher mobility, under subpart 5 of part A of title II. The National Writing Project, under subpart 2 of part C of title II. The teaching of traditional American history, under subpart 4 of part C of title II, enhancing education through technology, under part D of title II. Programs to improve language instruction for limited English proficient children, under part B of title III. State grants for safe and drug-free schools and communities, under subpart 1 of part A of title IV. Grants to reduce alcohol abuse, under subpart 2 of part A of title IV. Mentoring programs, under subpart 2 of part A of title IV. Elementary and secondary school counseling programs, under subpart 2 of part D of title V. Partnerships in character education, under subpart 3 of part D of title V. Smaller learning communities, under subpart 4 of part D of title V. The Reading is Fundamental Inexpensive Book Distribution program, under subpart 5 of part D of title V. Gifted and talented students, under subpart 6 of part D of title V. The Star Schools program, under subpart 7 of part D of title V. The Ready to Teach program, under subpart 8 of part D of title V. The Foreign Language Assistance program, under subpart 9 of part D of title V. The Carol M. White Physical Education Program, under subpart 10 of part D of title V. Community technology centers, under subpart 11 of part D of title V. Educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts, under subpart 12 of part D of title V. Excellence in economic education, under subpart 13 of part D of title V. Grants to improve the mental health of children, under subpart 14 of part D of title V. Arts in education, under subpart 15 of part D of title V. Combatting domestic violence, under subpart 17 of part D of title V. Healthy, high-performance schools, under subpart 18 of part D of title V. Additional assistance for certain local educational agencies impacted by federal property acquisition, under subpart 20 of part D of title V. The Women's Educational Equity Act, under subpart 21 of part D of title V. The Native Hawaiian Education program, under part B of title VII. And the Alaska Native Education program, under part C of title VII.","title":"To repeal ineffective or unnecessary education programs in order to restore the focus of Federal programs on quality elementary and secondary education programs for disadvantaged students.","text_len":12143,"sum_len":3387} {"bill_id":"103_s1409","text":"Sec. 2. Public Law 94-241 (90 Stat. 263), as amended, is further \namended by striking ``law'' in subsection (b) of section 4 and \ninserting in lieu thereof ``law: Provided, That for fiscal years 1994 \nthrough 1998, payments shall be limited to the provisions set forth in \nthe Agreement of the Special Representatives on Future Federal \nFinancial Assistance of the Northern Mariana Islands, executed on \nDecember 17, 1992, between the special representative of the President \nand the special representatives of the Governor of the Northern Mariana \nIslands for the first five years of such 1992 Agreement: Provided \nfurther, That no amendment to such 1992 Agreement may take effect until \napproved by an Act of Congress: Provided further, That after fiscal \nyear 1998, the amount shall continue at the annual amount of \n$27,720,000, unless Congress otherwise provides by law.\n ``(c) No funds made available in accordance with the 1992 Agreement \nreferred to in subsection (b) shall be obligated until sixty days after \nthe Secretary of the Interior certifies, together with findings, after \nthe date of enactment of this provision, and each fiscal year \nthereafter, to the Committee on Natural Resources of the House of \nRepresentatives, and the Committee on Energy and Natural Resources of \nthe Senate, that the following conditions have been fulfilled, to the \nextent such condition is applicable in such fiscal year, and no such \nfunds shall be obligated for additional projects thereafter if the \nSecretary of the Interior determines that the Northern Mariana Islands \nare not in compliance with such conditions to the extent such condition \nis applicable at that time:\n ``(1) The number of aliens (a person who is not a citizen \n or national of the United States, a citizen of a state in free \n association with the United States, or an alien lawfully \n admitted into the United States) present in the Northern \n Mariana Islands for work or residency does not exceed the 1992 \n average daily number of such aliens present in the Northern \n Mariana Islands as determined by the Commissioner of the United \n States Immigration and Naturalization Service (INS), except \n that within such limitation, the Northern Mariana Islands shall \n impose a numerical limitation on the total number of alien \n workers admitted for employment in the garment industry so that \n the percentage of alien workers compared to the total number of \n workers in the garment industry shall be 75 percent in 1994, 70 \n percent in 1995, and 65 percent in 1996 and thereafter;\n ``(2) The Northern Mariana Islands shall implement a \n petitioning mechanism similar to that in section 214(c)(1) of \n the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) to \n measure and compare the number of alien admissions with the \n 1992 average and the Northern Mariana Islands shall provide the \n Immigration and Naturalization Service with such information \n and access as the Commissioner of the Service determines to be \n necessary to make his determination and for verification;\n ``(3) The Northern Mariana Islands has enacted and is \n enforcing such measures as may be necessary to raise revenues, \n and expend for public purposes, in each of the years funding is \n provided pursuant to the Agreement, in addition to those \n revenues which would have been raised under laws in effect on \n the date of enactment of this provision, of at least the same \n amount of net revenue (taking into account all credits, \n deductions, exemptions, and payments provided for in Federal \n law) that would otherwise have been raised in calendar year \n 1992 under full application of section 601 of the Covenant \n absent any rebates pursuant to section 602 of such Covenant, \n less the actual amount of revenues retained by the Northern \n Mariana Islands from income taxes, which measures may include, \n but need not be limited to, one or more of the following--\n (A) developer taxes and impact fees;\n (B) taxes on services to visitors;\n (C) a reduction in the level of rebates of taxes \n levied under section 602 of the Covenant;\n (D) income taxes; or\n (E) taxes or fees imposed for public benefit of \n users of publicly provided services.\n ``(4) The Northern Mariana Islands is implementing a rate \n schedule approved by the Secretary of the Interior that, over a \n five-year period beginning on the date of enactment of this \n provision, will phase in charges for all (except low-income) \n users of utilities which will recover the full operating, \n maintenance, and debt service cost of the power utility \n services, and, as a minimum, the operating and maintenance \n costs of the water and sewer utility services;\n ``(5) The Secretary has approved the plans of the Northern \n Mariana Islands for the fiscal year for the use of the funds \n which indicate the priority and purpose of the projects and \n their cost and financing arrangements; and\n ``(6) The Secretary of the Interior, in consultation with \n the Secretary of Labor, determines that the Northern Mariana \n Islands has enacted and is enforcing laws--\n ``(A) to provide no greater deductions from wages \n for housing, food, transportation, health care, \n employment fees, or other expenses for any workers not \n permanently admitted into the Northern Mariana Islands \n than are contained in the Fair Labor Standards Act of \n 1938, and\n ``(B) which allow for the same exemptions from the \n payment of minimum wages as provided in the Fair Labor \n Standards Act of 1938.''.","summary":"Limits Federal assistance to the Northern Mariana Islands for FY 1994 through 1998 as set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands of December 1992. Continues the payment of a specified annual amount after FY 1998 unless otherwise provided by law. Bars the obligation of funds in accordance with the Agreement until the Secretary of the Interior certifies to specified congressional committees in each fiscal year that the Northern Mariana Islands: (1) does not have an amount of aliens that exceeds the 1992 average daily number of aliens in the Islands as determined by the Commissioner of the Immigration and Naturalization Service (INS) and imposes a specified numerical limitation on the number of alien workers admitted for employment in the garment industry. (2) is implementing a petitioning mechanism to measure and compare the number of alien admissions with the 1992 average and provides the INS with such information for verification purposes, (3) has enacted and is enforcing measures to raise revenues. (4) is implementing a rate schedule approved by the Secretary that will phase in charges for users of utilities to recover specified costs of power, water, and sewer services. (5) has plans approved by the Secretary for the use of project funds. And (6) has enacted and is enforcing laws to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for workers not permanently admitted into the Islands than are contained in the Fair Labor Standards Act of 1938 and which allow for the same exemptions from the payment of minimum wages as provided in such Act.","title":"A bill to limit the funding to the Northern Mariana Islands pursuant to the provisions set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance, and for other purposes.","text_len":6144,"sum_len":1727} {"bill_id":"109_hr6212","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ethanol Stimulus Act of 2006''.\n\nSEC. 2. ETHANOL PRODUCTION TAX INCENTIVES IN HIGH-CONSUMPTION, LOW-\n PRODUCTION STATES.\n\n (a) In General.--Section 40(b)(4) of the Internal Revenue Code of \n1986 (relating to small ethanol producer credit) is amended by adding \nat the end the following new subparagraph:\n ``(E) Credit for ethanol production in two-two \n states.--\n ``(i) In general.--In the case of qualified \n ethanol production by any eligible small \n ethanol producer in all eligible ethanol \n production facilities of such producer--\n ``(I) subparagraph (A) shall be \n applied by substituting `20 cents' for \n `10 cents', and\n ``(II) subparagraph (C) shall be \n applied by substituting `50,000,000 \n gallons' for `15,000,000 gallons'.\n ``(ii) 5-year per facility limitation on \n credit amount.--With respect to each eligible \n ethanol production facility, the credit \n determined under this section by reason of this \n subparagraph shall apply to production from \n such facility for the period--\n ``(I) beginning with the taxable \n year during which production from such \n facility begins, and\n ``(II) ending on the last day of \n the fourth taxable year following the \n taxable year described in subclause \n (I).\n ``(iii) Eligible ethanol production \n facility.--For purposes of this subparagraph, \n the term `eligible ethanol production facility' \n means any ethanol production facility the \n original use of which commences with the \n taxpayer and--\n ``(I) which is acquired by purchase \n (as defined in section 179(d)(2)) by \n the taxpayer after August 8, 2005, and \n before August 9, 2010, but only if no \n written binding contract for the \n acquisition was in effect before August \n 9, 2005,\n ``(II) which is acquired by the \n taxpayer pursuant to a written binding \n contract which was entered into after \n August 8, 2005, and before August 9, \n 2010, or\n ``(III) in the case of a taxpayer \n constructing property for the \n taxpayer's own use, the construction of \n which begins after August 8, 2005, and \n before August 9, 2010,\n in a State which is a two-two State on the date \n of such purchase under subclause (I), of such \n written binding contract under subclause (II), \n or the beginning of such construction under \n subclause (III).\n ``(iv) Two-two state.--For purposes of this \n subparagraph, the term `two-two State' means \n for any period any State (as determined by the \n Energy Information Administration) within \n which--\n ``(I) is consumed more than 2 \n percent of the aggregate amount of \n gasoline consumed in all States during \n such period, and\n ``(II) is produced less than 2 \n percent of the aggregate amount of \n ethanol produced in all States during \n such period.''.\n (b) Eligible Small Ethanol Producer.--Section 40(g)(1) of the \nInternal Revenue Code of 1986 (defining eligible small ethanol \nproducer) is amended by inserting ``(150,000,000 gallons in the case of \nsuch productive capacity in all two-two States (as defined in \nsubsection (b)(4)(E)(iv))'' after ``60,000,000 gallons''.\n (c) Conforming Amendment.--Section 40(g)(2) of the Internal Revenue \nCode of 1986 is amended by striking ``For purposes of the 15,000,000 \ngallon limitation under subsection (b)(4)(C) and the 60,000,000 gallon \nlimitation under paragraph (1)'' and inserting ``For purposes of each \ngallon limitation under subsection (b)(4) and paragraph (1)''.\n (d) Effective Date.--The amendments made by this section shall \napply to ethanol produced in taxable years ending after the date of the \nenactment of this Act.","summary":"Ethanol Stimulus Act of 2006 - Amends the Internal Revenue Code to provide for an increased small ethanol producer tax credit for ethanol production in states which have a gasoline consumption rate of more than 2 of aggregate nationwide consumption and which produce less than 2 of the aggregate nationwide amount of ethanol .","title":"To amend the Internal Revenue Code of 1986 to provide a tax incentive to produce ethanol in high-consumption, low-production States, and for other purposes.","text_len":5476,"sum_len":326} {"bill_id":"109_hr3752","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gas Price Relief Act of 2005''.\n\nSEC. 2. WINDFALL PROFITS TAX.\n\n (a) In General.--Subtitle E of the Internal Revenue Code of 1986 \n(relating to alcohol, tobacco, and certain other excise taxes) is \namended by adding at the end the following new chapter:\n\n ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL\n\n``Sec. 5896. Imposition of tax.\n``Sec. 5897. Windfall profit; removal price; base price; qualified \n investment.\n``Sec. 5898. Special rules and definitions.\n\n``SEC. 5896. IMPOSITION OF TAX.\n\n ``(a) In General.--In addition to any other tax imposed under this \ntitle, there is hereby imposed on any integrated oil company (as \ndefined in section 291(b)(4)) an excise tax equal to the excess of--\n ``(1) the amount equal to 50 percent of the windfall profit \n from all barrels of taxable crude oil removed from the property \n during each taxable year, over\n ``(2) the amount of qualified investment by such company \n during such taxable year.\n ``(b) Fractional Part of Barrel.--In the case of a fraction of a \nbarrel, the tax imposed by subsection (a) shall be the same fraction of \nthe amount of such tax imposed on the whole barrel.\n ``(c) Tax Paid by Producer.--The tax imposed by this section shall \nbe paid by the producer of the taxable crude oil.\n\n``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED \n INVESTMENT.\n\n ``(a) General Rule.--For purposes of this chapter, the term \n`windfall profit' means the excess of the removal price of the barrel \nof taxable crude oil over the base price of such barrel.\n ``(b) Removal Price.--For purposes of this chapter--\n ``(1) In general.--Except as otherwise provided in this \n subsection, the term `removal price' means the amount for which \n the barrel of taxable crude oil is sold.\n ``(2) Sales between related persons.--In the case of a sale \n between related persons, the removal price shall not be less \n than the constructive sales price for purposes of determining \n gross income from the property under section 613.\n ``(3) Oil removed from property before sale.--If crude oil \n is removed from the property before it is sold, the removal \n price shall be the constructive sales price for purposes of \n determining gross income from the property under section 613.\n ``(4) Refining begun on property.--If the manufacture or \n conversion of crude oil into refined products begins before \n such oil is removed from the property--\n ``(A) such oil shall be treated as removed on the \n day such manufacture or conversion begins, and\n ``(B) the removal price shall be the constructive \n sales price for purposes of determining gross income \n from the property under section 613.\n ``(5) Property.--The term `property' has the meaning given \n such term by section 614.\n ``(c) Base Price Defined.--For purposes of this chapter, the term \n`base price' means $40 for each barrel of taxable crude oil.\n ``(d) Qualified Investment.--For purposes of this chapter, the term \n`qualified investment' means any amount paid or incurred with respect \nto any qualified facility described in paragraph (1), (2), (3), or (4) \nof section 45(d) (determined without regard to any placed in service \ndate).\n\n``SEC. 5898. SPECIAL RULES AND DEFINITIONS .\n\n ``(a) Withholding and Deposit of Tax.--The Secretary shall provide \nsuch rules as are necessary for the withholding and deposit of the tax \nimposed under section 5896 on any taxable crude oil.\n ``(b) Records and Information.--Each taxpayer liable for tax under \nsection 5896 shall keep such records, make such returns, and furnish \nsuch information (to the Secretary and to other persons having an \ninterest in the taxable crude oil) with respect to such oil as the \nSecretary may by regulations prescribe.\n ``(c) Return of Windfall Profit Tax.--The Secretary shall provide \nfor the filing and the time of such filing of the return of the tax \nimposed under section 5896.\n ``(d) Definitions.--For purposes of this chapter--\n ``(1) Producer.--The term `producer' means the holder of \n the economic interest with respect to the crude oil.\n ``(2) Crude oil.--\n ``(A) In general.--The term `crude oil' includes \n crude oil condensates and natural gasoline.\n ``(B) Exclusion of newly discovered oil.--Such term \n shall not include any oil produced from a well drilled \n after the date of the enactment of the Gas Price Relief \n Act of 2005, except with respect to any oil produced \n from a well drilled after such date on any proven oil \n or gas property (within the meaning of section \n 613A(c)(9)(A)).\n ``(3) Barrel.--The term `barrel' means 42 United States \n gallons.\n ``(e) Adjustment of Removal Price.--In determining the removal \nprice of oil from a property in the case of any transaction, the \nSecretary may adjust the removal price to reflect clearly the fair \nmarket value of oil removed.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nchapter.\n ``(g) Termination.--This chapter shall not apply to taxable crude \noil removed after the date which is 1 year after the date of the \nenactment of this section.''.\n (b) Transfer of Windfall Profit Tax Receipts to Highway Trust \nFund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of \n1986 is amended by striking ``and'' at the end of subparagraph (D), by \nstriking the period at the end of subparagraph (E) and inserting ``, \nand'', and by inserting after subparagraph (E) the following new \nsubparagraph:\n ``(F) section 5896 (relating to windfall profits \n tax on crude oil).''.\n (c) Deductibility of Windfall Profit Tax.--The first sentence of \nsection 164(a) of the Internal Revenue Code of 1986 (relating to \ndeduction for taxes) is amended by inserting after paragraph (5) the \nfollowing new paragraph:\n ``(6) The windfall profit tax imposed by section 5896.''.\n (d) Clerical Amendment.--The table of chapters for subtitle E of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing new item:\n\n ``Chapter 56. Windfall profit on crude oil''.\n\n (e) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to crude oil removed after the date of the enactment of \n this Act, in taxable years ending after such date.\n (2) Transitional rules.--For the period ending December 31, \n 2005, the Secretary of the Treasury or the Secretary's delegate \n shall prescribe rules relating to the administration of chapter \n 56 of the Internal Revenue Code of 1986. To the extent provided \n in such rules, such rules shall supplement or supplant for such \n period the administrative provisions contained in chapter 56 of \n such Code (or in so much of subtitle F of such Code as relates \n to such chapter 56).\n\nSEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS.\n\n (a) In General.--Section 4081 of the Internal Revenue Code of 1986 \n(relating to imposition of tax on motor and aviation fuels) is amended \nby adding at the end the following new subsection:\n ``(f) Reduction of Highway Motor Fuel Taxes.--\n ``(1) In general.--During the reduction period, the rate of \n tax imposed by section 4041 (other than subsection (d) thereof) \n or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 \n cents per gallon.\n ``(2) Definitions and special rule.--For purposes of this \n subsection--\n ``(A) Reduction period.--The term `reduction \n period' means the 1-year period beginning on the date \n of enactment of the Gas Price Relief Act of 2005.\n ``(B) Highway motor fuel.--The term `highway motor \n fuel' means any fuel subject to tax under section 4041 \n or 4081 other than aviation gasoline and aviation-grade \n kerosene.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act.\n\nSEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO \n TRUST FUNDS TREATED AS TAXES.\n\n (a) In General.--There is hereby appropriated (out of any money in \nthe Treasury not otherwise appropriated) to the Highway Trust Fund an \namount equal to the excess (if any) of--\n (1) the amount (but for this subsection) of reduced \n revenues received in the Highway Trust Fund as a result of a \n reduction in a rate of tax by reason of section 4081(f)(1) of \n the Internal Revenue Code of 1986 (as added by section 3 of \n this Act), over\n (2) amounts appropriated to the Highway Trust Fund by \n section 9503(b)(1)(F) of the Internal Revenue Code of 1986 \n (relating to windfall profits tax on crude oil).\n (b) Special Rules.--Amounts appropriated by subsection (a) to the \nHighway Trust Fund--\n (1) shall be transferred from the general fund at such \n times and in such manner as to replicate to the extent possible \n the transfers which would have occurred had section 3 of this \n Act not been enacted, and\n (2) shall be treated for all purposes of Federal law as \n taxes received under the appropriate section referred to in \n such section 4081(f)(1).\n\nSEC. 5. FLOOR STOCK REFUNDS.\n\n (a) In General.--If--\n (1) before the tax rate reduction date, tax has been \n imposed under section 4081 of the Internal Revenue Code of 1986 \n on any highway motor fuel, and\n (2) on such date such fuel is held by a dealer and has not \n been used and is intended for sale,\nthere shall be credited or refunded (without interest) to the person \nwho paid such tax (hereafter in this section referred to as the \n``taxpayer'') an amount equal to the excess of the tax paid by the \ntaxpayer over the tax which would be imposed on such fuel had the \ntaxable event occurred on such date.\n (b) Time for Filing Claims.--No credit or refund shall be allowed \nor made under this section unless--\n (1) claim therefor is filed with the Secretary of the \n Treasury before the date which is 6 months after the tax rate \n reduction date based on a request submitted to the taxpayer \n before the date which is 3 months after the tax rate reduction \n date by the dealer who held the highway motor fuel on such \n date, and\n (2) the taxpayer has repaid or agreed to repay the amount \n so claimed to such dealer or has obtained the written consent \n of such dealer to the allowance of the credit or the making of \n the refund.\n (c) Exception for Fuel Held in Retail Stocks.--No credit or refund \nshall be allowed under this section with respect to any highway motor \nfuel in retail stocks held at the place where intended to be sold at \nretail.\n (d) Definitions.--For purposes of this section--\n (1) Tax rate reduction date.--The term ``tax rate reduction \n date'' means the first day of the reduction period (as defined \n in section 4081(f) of the Internal Revenue Code of 1986 (as \n added by section 3 of this Act)).\n (2) Other terms.--The terms ``dealer'' and ``held by a \n dealer'' have the respective meanings given to such terms by \n section 6412 of such Code.\n (e) Certain Rules to Apply.--Rules similar to the rules of \nsubsections (b) and (c) of section 6412 of such Code shall apply for \npurposes of this section.\n\nSEC. 6. FLOOR STOCKS TAX.\n\n (a) Imposition of Tax.--In the case of any highway motor fuel which \nis held on the tax restoration date by any person, there is hereby \nimposed a floor stocks tax equal to the excess of the tax which would \nbe imposed on such fuel had the taxable event occurred on such date \nover the tax (if any) previously paid (and not credited or refunded) on \nsuch fuel.\n (b) Liability for Tax and Method of Payment.--\n (1) Liability for tax.--The person holding highway motor \n fuel on the tax restoration date to which the tax imposed by \n subsection (a) applies shall be liable for such tax.\n (2) Method of payment.--The tax imposed by subsection (a) \n shall be paid in such manner as the Secretary shall prescribe.\n (3) Time for payment.--The tax imposed by subsection (a) \n shall be paid on or before the 45th day after the tax \n restoration date.\n (c) Definitions.--For purposes of this section--\n (1) Tax restoration date.--The term ``tax restoration \n date'' means the first day after the reduction period (as \n defined in section 4081(f) of the Internal Revenue Code of \n 1986).\n (2) Highway motor fuel.--The term ``highway motor fuel'' \n has the meaning given to such term by section 4081(f) of such \n Code.\n (3) Held by a person.--A highway motor fuel shall be \n considered as held by a person if title thereto has passed to \n such person (whether or not delivery to the person has been \n made).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury or the Secretary's delegate.\n (d) Exception for Exempt Uses.--The tax imposed by subsection (a) \nshall not apply to any highway motor fuel held by any person \nexclusively for any use to the extent a credit or refund of the tax is \nallowable for such use.\n (e) Exception for Certain Amounts of Fuel.--\n (1) In general.--No tax shall be imposed by subsection (a) \n on any highway motor fuel held on the tax restoration date by \n any person if the aggregate amount of such highway motor fuel \n held by such person on such date does not exceed 2,000 gallons. \n The preceding sentence shall apply only if such person submits \n to the Secretary (at the time and in the manner required by the \n Secretary) such information as the Secretary shall require for \n purposes of this paragraph.\n (2) Exempt fuel.--For purposes of paragraph (1), there \n shall not be taken into account any highway motor fuel held by \n any person which is exempt from the tax imposed by subsection \n (a) by reason of subsection (d).\n (3) Controlled groups.--For purposes of this section--\n (A) Corporations.--\n (i) In general.--All persons treated as a \n controlled group shall be treated as 1 person.\n (ii) Controlled group.--The term \n ``controlled group'' has the meaning given to \n such term by subsection (a) of section 1563 of \n such Code; except that for such purposes the \n phrase ``more than 50 percent'' shall be \n substituted for the phrase ``at least 80 \n percent'' each place it appears in such \n subsection.\n (B) Nonincorporated persons under common control.--\n Under regulations prescribed by the Secretary, \n principles similar to the principles of subparagraph \n (A) shall apply to a group of persons under common \n control if 1 or more of such persons is not a \n corporation.\n (f) Other Laws Applicable.--All provisions of law, including \npenalties, applicable with respect to the taxes imposed by section 4081 \nof such Code shall, insofar as applicable and not inconsistent with the \nprovisions of this section, apply with respect to the floor stock taxes \nimposed by subsection (a) to the same extent as if such taxes were \nimposed by such sections.","summary":"Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil. (2) allow a tax deduction for the payment of any windfall profit tax. (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act. (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund. And (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines windfall profit as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price of such barrel.","title":"To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on crude oil and to ease gas prices for consumers, and for other purposes.","text_len":16495,"sum_len":835} {"bill_id":"115_s720","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Israel Anti-Boycott Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United Nations Human Rights Council (in this \n section referred to as the ``UNHRC'') has long targeted Israel \n with systematic, politically motivated, assaults on its \n legitimacy designed to stigmatize and isolate Israel \n internationally.\n (2) The UNHRC maintains a permanent agenda item known as \n ``Item 7'' to ensure that Israel will be criticized at every \n gathering of the UNHRC.\n (3) At its 31st session on March 24, 2016, the UNHRC \n targeted Israel with a commercial boycott, calling for the \n establishment of a database, such as a ``blacklist'', of \n companies that operate, or have business relations with \n entities that operate, beyond Israel's 1949 Armistice lines, \n including East Jerusalem.\n (4) At its 32nd session in March 2017, the UNHRC is \n considering a resolution pursuant to agenda item 7 to withhold \n assistance from and prevent trade with ``territories occupied \n since 1967'', including East Jerusalem, the West Bank, and the \n Golan Heights, stating that businesses that engage in economic \n activity in those areas could face civil or criminal legal \n action.\n (5) For a half century, Congress has combated anti-Israel \n boycotts and other discriminatory activity under the Export \n Administration Act of 1979 (as continued in effect pursuant to \n the International Emergency Economic Powers Act (50 U.S.C. 1701 \n et seq.)), under part VI of title X of the Tax Reform Act of \n 1976 (Public Law 94-455; 90 Stat. 1649) (commonly referred to \n as the ``Ribicoff Amendment''), in free trade agreements with \n Bahrain and Oman, and in Saudi Arabia's accession negotiations \n to the World Trade Organization.\n (6) The recent action of the UNHRC is reminiscent of the \n Arab League Boycott, which also called for the establishment of \n a ``blacklist'' and promoted a primary, as well as a secondary \n and tertiary, boycott against Israel, targeting United States \n and other companies that trade or invest with or in Israel, \n designed to harm Israel, any business operating in, or doing \n business with, Israel, or companies that do business with \n companies operating in Israel.\n (7) Congress recently passed anti-boycott, divestment, and \n sanctions measures in the Bipartisan Congressional Trade \n Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et \n seq.) and section 909 of the Trade Facilitation and Trade \n Enforcement Act of 2015 (19 U.S.C. 4452), which establish, \n among other things--\n (A) the opposition of the United States to actions \n to boycott, divest from, or sanction Israel;\n (B) requirements that the United States utilize \n trade negotiations to combat state-led or international \n governmental organization-led actions to boycott, \n divest from, or sanction Israel; and\n (C) reporting requirements regarding the actions of \n foreign countries or international organizations that \n establish barriers to trade or investment for United \n States companies in or with Israel.\n\nSEC. 3. STATEMENT OF POLICY.\n\n Congress--\n (1) opposes the United Nations Human Rights Council \n resolution of March 24, 2016, which urges countries to pressure \n their own companies to divest from, or break contracts with, \n Israel, and calls for the creation of a ``blacklist'' of \n companies that either operate, or have business relations with \n entities that operate, beyond Israel's 1949 Armistice lines, \n including East Jerusalem;\n (2) views such policies as actions to boycott, divest from, \n or sanction Israel; and\n (3) in order to counter the effects of actions to boycott, \n divest from, or sanction Israel, encourages full implementation \n of the United States-Israel Strategic Partnership Act of 2014 \n (Public Law 113-296; 128 Stat. 4075) through enhanced, \n governmentwide, coordinated United States-Israel scientific and \n technological cooperation in civilian areas such as with \n respect to energy, water, agriculture, alternative fuel \n technology, civilian space technology, and security.\n\nSEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER \n EXPORT ADMINISTRATION ACT OF 1979.\n\n (a) Declaration of Policy.--Section 3(5) of the Export \nAdministration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect \npursuant to the International Emergency Economic Powers Act (50 U.S.C. \n1701 et seq.)) is amended--\n (1) by amending subparagraph (A) to read as follows:\n ``(A) to oppose--\n ``(i) restrictive trade practices or \n boycotts fostered or imposed by foreign \n countries, or requests to impose restrictive \n trade practices or boycotts by foreign \n countries, against other countries friendly to \n the United States or against any United States \n person; and\n ``(ii) restrictive trade practices or \n boycotts fostered or imposed by any \n international governmental organization against \n Israel or requests to impose restrictive trade \n practices or boycotts by any international \n governmental organization against Israel;''; \n and\n (2) in subparagraph (B), by striking ``which have the \n effect'' and all the follows and inserting the following: \n ``which have the effect of furthering or supporting--\n ``(i) restrictive trade practices or \n boycotts fostered or imposed by any foreign \n country, or requests to impose restrictive \n trade practices or boycotts by any foreign \n country, against a country friendly to the \n United States or against any United States \n person; and\n ``(ii) restrictive trade practices or \n boycotts fostered or imposed by any \n international governmental organization against \n Israel or requests to impose restrictive trade \n practices or boycotts by any international \n governmental organization against Israel; \n and''.\n (b) Foreign Boycotts.--Section 8 of the Export Administration Act \nof 1979 (50 U.S.C. 4607) (as continued in effect pursuant to the \nInternational Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) \nis amended--\n (1) in subsection (a)(1)--\n (A) in the matter preceding subparagraph (A)--\n (i) by inserting ``, or request to impose \n any boycott by a foreign country,'' after ``a \n foreign country'';\n (ii) by inserting ``, or support any \n boycott fostered or imposed by any \n international governmental organization against \n Israel or request to impose any boycott by any \n international governmental organization against \n Israel'' after ``pursuant to United States law \n or regulation'';\n (B) in subparagraph (A), by inserting ``or \n international governmental organization (as the case \n may be)'' after ``of the boycotting country''; and\n (C) in subparagraph (D)--\n (i) by inserting ``, or requesting the \n furnishing of information,'' after ``Furnishing \n information''; and\n (ii) by inserting ``or with the \n international governmental organization (as the \n case may be)'' after ``in the boycotting \n country''; and\n (2) in subsection (c)--\n (A) by inserting ``, or requests to impose \n restrictive trade practices or boycotts by foreign \n countries,'' after ``foreign countries''; and\n (B) by inserting ``or restrictive trade practices \n or boycotts fostered or imposed by any international \n governmental organization against Israel or requests to \n impose restrictive trade practices or boycotts by any \n international governmental organization against \n Israel'' before the period at the end.\n (c) Violations of Section 8(a).--Section 11 of the Export \nAdministration Act of 1979 (50 U.S.C. 4610) (as continued in effect \npursuant to the International Emergency Economic Powers Act (50 U.S.C. \n1701 et seq.)) is amended--\n (1) in subsection (a), by inserting ``or (j)'' after \n ``subsection (b)''; and\n (2) by adding at the end the following:\n ``(j) Violations of Section 8(a).--Whoever knowingly violates or \nconspires to or attempts to violate any provision of section 8(a) or \nany regulation, order, or license issued thereunder shall be fined in \naccordance with section 206 of the International Emergency Economic \nPowers Act (50 U.S.C. 1705).''.\n (d) Definition of International Governmental Organization.--Section \n16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as \ncontinued in effect pursuant to the International Emergency Economic \nPowers Act (50 U.S.C. 1701 et seq.)) is amended--\n (1) by redesignating paragraphs (7) and (8) as paragraphs \n (8) and (9), respectively; and\n (2) by inserting after paragraph (6) the following:\n ``(7) the term `international governmental organization' \n includes the United Nations and the European Union;''.\n (e) Effective Date.--The amendments made by this section take \neffect on the date of the enactment of this Act and apply with respect \nto actions described in section 8(a) of the Export Administration Act \nof 1979 (as continued in effect pursuant to the International Emergency \nEconomic Powers Act (50 U.S.C. 1701 et seq.)) taken or knowingly agreed \nto be taken on or after such date of enactment.\n (f) Implementation.--The President shall implement the amendments \nmade by this section by exercising the authorities of the President \nunder the International Emergency Economic Powers Act (50 U.S.C. 1701 \net seq.).\n\nSEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER \n EXPORT-IMPORT BANK ACT OF 1945.\n\n Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. \n635(b)(1)(B)) is amended in the sixth sentence by inserting after \n``child labor),'' the following: ``or opposing policies and actions \nthat are politically motivated and are intended to penalize or \notherwise limit commercial relations specifically with citizens or \nresidents of Israel, entities organized under the laws of Israel, or \nthe Government of Israel,''.\n\nSEC. 6. DEFINITIONS.\n\n (a) In General.--In this Act:\n (1) Actions to boycott, divest from, or sanction israel.--\n The term ``actions to boycott, divest from, or sanction \n Israel'' has the meaning given that term in section \n 102(b)(20)(B) of the Bipartisan Congressional Trade Priorities \n and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)).\n (2) International governmental organization.--The term \n ``international governmental organization'' includes the United \n Nations and the European Union.\n (3) Politically motivated.--The term ``politically \n motivated'' means actions to impede or constrain commerce with \n Israel that are intended to coerce political action from or \n impose policy positions on Israel.\n (b) Rule of Construction.--Nothing in this section shall be \nconstrued to alter the established policy of the United States or to \nestablish new United States policy concerning final status issues \nassociated with the Arab-Israeli conflict, including border \ndelineation, that can only be resolved through direct negotiations \nbetween the parties.","summary":"Israel Anti-Boycott Act This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel. And (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated US-Israel scientific and technological cooperation in civilian areas. The bill amends the Export Administration Act of 1979 to declare that it shall be US policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against US persons. And restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits any US person engaged interstate or foreign commerce from supporting: any request by a foreign country to impose any boycott against a country that is friendly to the United States and that is not itself the object of any form of boycott pursuant to United States law or regulation, or any boycott fostered or imposed by any international governmental organization against Israel or any request by any international governmental organization to impose such a boycott. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the government of Israel.","title":"Israel Anti-Boycott Act","text_len":13037,"sum_len":1842} {"bill_id":"110_hr4327","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Chronic Care Practice \nResearch Network Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Two-thirds of all Medicare spending involves \n beneficiaries living with 5 or more chronic conditions.\n (2) Eighty-four percent of people ages 65 to 70 live with \n at least one of the following chronic conditions: hypertension, \n heart disease or heart attack, cancer, diabetes, arthritis, or \n high cholesterol.\n (3) Medicare beneficiaries with chronic conditions are more \n likely to undergo duplicative tests, receive contradictory \n information from their healthcare providers, experience adverse \n responses to medications, and undergo hospital visits that \n could have been prevented.\n (4) Both traditional fee-for-service Medicare and Medicare \n Advantage are not currently configured to meet the unique needs \n of beneficiaries living with multiple chronic conditions.\n (5) Care for these patients is typically fragmented and \n delivered by multiple providers working at multiple sites.\n (6) Medicare has implemented a number of demonstration \n projects focused on ways to improve care for beneficiaries with \n multiple chronic conditions, yet there has been limited \n translation of evidence-based results to the wider chronic care \n community in a timely manner.\n (7) As the population of Medicare beneficiaries living with \n multiple chronic conditions continues to increase, the Centers \n for Medicare & Medicaid Services should seek more effective \n actions to test various care models, analyze the outcomes, and \n implement evidence-based best practices as soon as possible.\n (8) The United States Government should partner with \n qualified and experienced health care institutions already \n serving these beneficiaries to effectively and efficiently \n develop, evaluate, and translate improvements in coordinated \n care for them. Generating this information and supporting its \n translation into clinical practice will serve beneficiaries far \n more effectively.\n\nSEC. 3. MEDICARE CHRONIC CARE PRACTICE RESEARCH NETWORK TO DEVELOP AND \n APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE \n BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS.\n\n (a) Establishment.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, the Secretary of Health and Human \n Services (in this section referred to as the ``Secretary'') \n shall establish in accordance with this section a Medicare \n Chronic Care Practice Research Network (in this section \n referred to as the ``Network'').\n (2) Duration.--The initial period of the Network shall be \n not less than five years. The Secretary may extend or make \n permanent the Network if the Network's performance demonstrates \n benefit to the Medicare program.\n (b) Purpose and Duties of Network.--\n (1) Purpose.--The purpose of the Network is to enable \n highly qualified providers, including providers participating \n in the Medicare Coordinated Care Demonstration under section \n 1807 of the Social Security Act (in this section referred to as \n the ``MCCD''), to form a stable and flexible research \n infrastructure that accelerates the development and deployment \n of evidence-based chronic care management practices for \n Medicare beneficiaries with multiple, chronic conditions.\n (2) Duties of the network.--\n (A) In general.--The Network shall develop and \n evaluate evidence-based chronic care management \n practices for Medicare beneficiaries who have two or \n more chronic illnesses, with a focus on such \n beneficiaries who are provided benefits under the \n Medicare fee-for-service program and whose care is most \n costly.\n (B) Specific duties.--The Network shall--\n (i) research, design, implement, test, and \n validate specific interventions designed to \n improve care management for Medicare \n beneficiaries with multiple chronic conditions; \n and\n (ii) provide a reproducible, reliable, and \n scalable framework to standardize and translate \n best practices for all Medicare beneficiaries.\n (3) Financial support.--The Network shall provide financial \n support in the following areas:\n (A) Collaboration.--Support of collaboration and \n networking, including conference calls, meetings, and \n other forms of communication between and among Network \n project sites, of publication of guidelines and \n findings, and of development and dissemination of \n information on proven, common care management \n practices.\n (B) Infrastructure.--Support of research and \n infrastructure for Network project sites, which may be \n based upon enrollment size and success of such sites in \n realizing targets and compliance with data submission \n requirements.\n (C) Patient recruitment and care management.--\n Support of patient recruitment and care management at \n Network project sites for the delivery of specific \n services and ongoing testing of improvements to large \n patient panels.\n (D) Evaluation.--Support of internal and external \n evaluation activities, including evaluation activities \n conducted at individual Network project sites and the \n Network.\n (4) Establishment of target enrollment numbers.--The \n Secretary and the Network shall jointly develop, based on \n demographics and previous history, target enrollment numbers \n for each Network project site.\n (c) Board of Directors.--\n (1) Membership.--\n (A) In general.--The Network shall have a Board of \n Directors (in this section referred to as the \n ``Board'') composed of the following:\n (i) CMS administrator.--The Administrator \n of the Centers for Medicare & Medicaid \n Services, who shall serve as chairman of the \n Board and head of the Network.\n (ii) Ex officio members.--\n (I) The Director of the Agency for \n Health Research and Quality.\n (II) The Director of the National \n Institute on Aging.\n (III) Representatives of other \n Federal health care and research agency \n officials, as selected by the \n Secretary.\n (iii) Appointed members.--Members appointed \n under subparagraph (B).\n (B) Appointed members.--\n (i) Initial appointment.--The Secretary \n shall appoint at least 8 individuals to serve \n on the Board, including one individual \n representing each MCCD site.\n (ii) Additional members.--The Secretary may \n appoint additional members to the Board to the \n extent the Secretary determines, including \n individuals who represent Network project sites \n not otherwise represented under clause (i).\n (iii) Term.--The term of office of each \n member of the Board appointed under this \n subparagraph shall be five years.\n (C) Vacancy.--Any vacancy in the membership of the \n Board--\n (i) shall not affect the power of the \n remaining members to execute the duties of the \n Board; and\n (ii) shall be filled by appointment by the \n Secretary.\n (2) Project evaluations.--The Board shall provide for both \n an internal and external evaluation of each Network project \n site.\n (3) Initial meeting.--Not later than 60 days after the date \n members are first appointed under paragraph (1)(B), the \n Secretary shall convene a meeting of the members of the Board \n to--\n (A) initiate the Network; and\n (B) begin the planning phase of the Network.\n (d) Biennial Reports.--\n (1) Congressional reports.--Beginning not later than 2 \n years after the date of the establishment of the Network, the \n Secretary shall submit to the appropriate committees of \n Congress biennial reports on the Network. Each report shall \n include at least the following:\n (A) A report on progress made toward developing an \n efficient and effective research infrastructure capable \n of robustly testing new interventions and models of \n care for chronically ill Medicare beneficiaries in a \n timely manner.\n (B) An evaluation of the overall quality, \n satisfaction, and cost effectiveness of interventions \n tested.\n (C) An evaluation of the capability of the Network \n to define and test specifications needed to deploy \n successful interventions on a large geographic or \n nationwide scale without loss of effectiveness.\n (D) A description of benefits to the Medicare \n program resulting from increased collaboration and \n partnership between Network sites.\n (E) Any other information regarding the Network \n that the Secretary determines to be appropriate.\n (2) Public reports on care models.--Every two years, the \n Network shall develop and the Secretary shall issue a public \n report of recommended practices and guidelines for chronic care \n that summarizes the care models the Network has found to be \n most effective in managing Medicare beneficiaries with \n multiple, chronic problems.\n (e) Waiver.--The Secretary shall waive such provisions of title \nXVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be \nnecessary for the Network to conduct activities under this section.\n (f) Funding.--There are authorized to be appropriated from the \nFederal Hospital Insurance Trust Fund under section 1817 of the Social \nSecurity Act (42 U.S.C. 1395i) and from the Federal Supplementary \nMedical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. \n1395t), in such proportions as the Secretary determines to be \nappropriate, $60,000,000. Such amount shall be available to carry out \nthis section during a 5-fiscal-year period.\n (g) Definitions.--For purposes of this section:\n (1) Medicare program.--The term ``Medicare program'' means \n the programs under title XVIII of the Social Security Act.\n (2) Network project site.--The term ``Network project \n site'' means the site of a chronic care management program \n conducted under the authority of the Network.","summary":"Medicare Chronic Care Practice Research Network Act of 2007 - Directs the Secretary of Health and Human Services to establish a Medicare Chronic Care Practice Research Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic conditions, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly.","title":"To establish a Medicare Chronic Care Practice Research Network to develop and apply improved practices in care management for Medicare beneficiaries with multiple, chronic conditions.","text_len":12234,"sum_len":400} {"bill_id":"110_s1229","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hass Avocado Quality Assurance Act \nof 2007''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Hass avocados are an integral food source in the United \n States that are a valuable and healthy part of the human diet \n and are enjoyed by millions of persons every year for a \n multitude of everyday and special occasions.\n (2) Hass avocados are a significant tree fruit crop grown \n by many individual producers both domestically and abroad.\n (3) Hass avocados move in interstate and foreign commerce \n and Hass avocados that do not move in interstate or foreign \n channels of commerce but only in intrastate commerce directly \n affect interstate commerce of Hass avocados.\n (4) The maintenance and expansion of markets in existence \n on the date of enactment of this Act, and the development of \n new or improved markets or uses for Hass avocados, are needed \n to preserve and strengthen the economic viability of the \n domestic Hass avocado industry for the benefit of producers, \n importers, and other persons associated with the producing, \n importing, marketing, processing, and consuming of Hass \n avocados.\n (5) The marketing of immature Hass avocados adversely \n affects demand for all Hass avocados because immature avocados \n are unpalatable and unfit for human consumption and, when \n marketed, result in dissatisfied customers who will cease \n purchasing Hass avocados.\n (6) There is no better method of ensuring the maturity of \n Hass avocados than through requiring that Hass avocados meet an \n established mandatory minimum maturity standard, as measured by \n percentage of dry matter.\n (7) The application of consistent and mandatory minimum \n maturity standards for all Hass avocados is necessary for the \n maintenance, expansion, and development of markets for Hass \n avocados.\n (b) Purpose.--It is the purpose of this Act to set forth certain \nmandatory quality standards in the form of mandatory minimum maturity \nrequirements for all Hass avocados, and to provide the Secretary with \nthe authority necessary to ensure that such standards are met, with the \nintention of--\n (1) strengthening the position of the Hass avocado industry \n in the domestic marketplace; and\n (2) maintaining, developing, and expanding markets and uses \n for Hass avocados.\n\nSEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS.\n\n Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 \net seq.) is amended by adding at the end the following:\n\n``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS.\n\n ``(a) In General.--Not later than 180 days after the date of the \nenactment of the Hass Avocado Quality Assurance Act of 2007, the \nSecretary of Agriculture shall issue final regulations to ensure that \nall Hass avocados sold to consumers in the United States meet the \nminimum maturity standards (as measured by percentage of dry matter) \nfor sale to a consumer of the State of California, as required by \nregulations issued pursuant to chapter 9 of division 17 of the \nCalifornia Food and Agricultural Code or any succeeding provision of \nCalifornia law governing the minimum maturity standards of Hass \navocados for sale to a consumer.\n ``(b) Exceptions.--Subsection (a) and the regulations issued \npursuant to subsection (a) shall not apply to Hass avocados--\n ``(1) intended for consumption by charitable institutions;\n ``(2) intended for distribution by relief agencies;\n ``(3) intended for commercial processing into products; or\n ``(4) that the Secretary determines should not be subject \n to such subsection or such regulations.\n ``(c) Use of Existing Inspectors.--The Secretary shall, to the \ngreatest extent practicable, use inspectors that inspect avocados for \ncompliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. \n608e-1), reenacted with amendments by the Agricultural Marketing \nAgreement Act of 1937, to conduct inspections under this section.\n ``(d) Penalties.--\n ``(1) Diversion.--The Secretary may divert, export, or \n repack and reinspect any Hass avocados that do not meet the \n requirements of this section or the regulations issued pursuant \n to this section.\n ``(2) Civil penalties.--The Secretary may require any \n person who violates this section or the regulations issued \n pursuant to this section to--\n ``(A) forfeit to the United States a sum equal to \n the value of the commodity at the time of violation, \n which forfeiture shall be recoverable in a civil suit \n brought in the name of the United States; or\n ``(B) on conviction, be fined not less than $50 or \n more than $5,000 for each violation.\n ``(e) Fees.--The Secretary may prescribe and collect fees to cover \nthe costs of providing for the inspection of Hass avocados under this \nsection. All fees and penalties collected shall be credited to the \naccounts that incur such costs and shall remain available until \nexpended without fiscal year limitation.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n\nSEC. 4. SEVERABILITY.\n\n If any provision of this Act or the amendment made by this Act, or \nthe application of such provision to any person or circumstance, is \nheld invalid, the remainder of this Act and the amendment made by this \nAct, and the application of such provision to other persons not \nsimilarly situated or to other circumstances, shall not be affected by \nsuch invalidation.","summary":"Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California. Provides exceptions for commercial processing and charitable and relief uses. Sets forth penalty provisions.","title":"A bill to amend the Agricultural Marketing Act of 1946 to provide for the application of mandatory minimum maturity standards applicable to all domestic and imported Hass avocados.","text_len":6010,"sum_len":367} {"bill_id":"105_hr4409","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``The Small Watershed Rehabilitation \nAmendments of 1998''.\n\nSEC. 2. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES \n CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE \n PROGRAMS.\n\n The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 \net seq.) is amended by adding at the end the following new section:\n\n``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST \n THEIR EVALUATED LIFE EXPECTANCY.\n\n ``(a) Definitions.--For purposes of this section:\n ``(1) Rehabilitation.--The term `rehabilitation', with \n respect to a structural measure constructed as part of a \n covered water resource project, means the completion of all \n work necessary to extend the service life of the structural \n measure and meet applicable safety and performance standards. \n This may include (A) protecting the integrity of the structural \n measure, or prolonging the useful life of the structural \n measure, beyond the original evaluated life expectancy, (B) \n correcting damage to the structural measure from a catastrophic \n event, (C) correcting the deterioration of structural \n components that are deteriorating at an abnormal rate, or (D) \n upgrading the structural measure to meet changed land use \n conditions in the watershed served by the structural measure or \n changed safety criteria applicable to the structural measure.\n ``(2) Covered water resource project.--The term `covered \n water resource project' means a work of improvement carried out \n under any of the following:\n ``(A) This Act.\n ``(B) Section 13 of the Act of December 22, 1944 \n (Public Law 78-534; 58 Stat. 905).\n ``(C) The pilot watershed program authorized under \n the heading `Flood Prevention' of the Department of \n Agriculture Appropriation Act, 1954 (Public Law 156; 67 \n Stat. 214).\n ``(D) Subtitle H of title XV of the Agriculture and \n Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly \n known as the Resource Conservation and Development \n Program).\n ``(3) Eligible local organization.--The term `eligible \n local organization' means a local organization or appropriate \n State agency responsible for the operation and maintenance of \n structural measures constructed as part of a covered water \n resource project.\n ``(4) Structural measure.--The term ``structural measure'' \n means a physical improvement that impounds water and was \n constructed as part of a covered water resource project.\n ``(b) Cost Share Assistance For Rehabilitation.--\n ``(1) Amount and use.--The Secretary may provide financial \n assistance to an eligible local organization to assist the \n local organization with the rehabilitation of structural \n measures originally constructed as part of a covered water \n resource project. The amount of the financial assistance for a \n particular rehabilitation project may not exceed 65 percent of \n the total rehabilitation costs for the structural measures \n included in the rehabilitation project. The total costs of \n rehabilitation may include financial assistance to pay for \n costs associated with the rehabilitation project, including \n land, easements, and rights-of-ways costs, costs of water, \n mineral and other resource rights, rehabilitation project \n administration, and contracting.\n ``(2) Relation to land use and development regulations.--As \n a condition on entering into an agreement to provide financial \n assistance under this subsection, the Secretary, working in \n concert with the eligible local organization, may require that \n proper zoning or other developmental regulations are in place \n in the watershed in which the structural measures to be \n rehabilitated under the agreement are located so that--\n ``(A) the completed rehabilitation project is not \n quickly rendered inadequate by additional development; \n and\n ``(B) society can realize the full benefits of the \n rehabilitation investment.\n ``(c) Technical Assistance For Watershed Project Rehabilitation.--\nThe Secretary may provide technical assistance in planning, designing, \nand implementing rehabilitation projects should an eligible local \norganization request such assistance. Such assistance may consist of \nspecialists in such fields as engineering, geology, soils, agronomy, \nbiology, hydraulics, hydrology, economics, water quality, and contract \nadministration.\n ``(d) Prohibited Use.--\n ``(1) Performance of operation and maintenance.--\n Rehabilitation assistance provided under this section may not \n be used to perform operation and maintenance activities \n specified in the agreement for the covered water resource \n project entered into between the Secretary and the eligible \n local organization responsible for the works of improvement. \n Such operation and maintenance activities shall remain the \n responsibility of the local organization, as provided in the \n project work plan.\n ``(2) Renegotiation.--Notwithstanding paragraph (1), as \n part of the provision of financial assistance under subsection \n (b), the Secretary may renegotiate the original agreement for \n the covered water resource project entered into between the \n Secretary and the eligible local organization regarding \n responsibility for the operation and maintenance of the \n project.\n ``(e) Application For Rehabilitation Assistance.--An eligible local \norganization may apply to the Secretary for technical and financial \nassistance under this section if the application has also been \nsubmitted to and approved by the State agency having supervisory \nresponsibility over the covered water resource project at issue or, if \nthere is no State agency having such responsibility, by the Governor of \nthe State. The Secretary shall request the State dam safety officer (or \nequivalent State official) to be involved in the application process if \nState permits or approvals are required. The rehabilitation of \nstructural measures shall meet standards established by the Secretary \nand address other dam safety issues. Personnel of the Natural Resources \nConservation Service of the Department of Agriculture shall assist in \npreparing applications for assistance.\n ``(f) Justification For Rehabilitation Assistance.--In order to \nqualify for technical or financial assistance under this authority, the \nSecretary shall require the rehabilitation project to be performed in \nthe most cost-effective manner that accomplishes the rehabilitation \nobjective. Since the requirements for accomplishing the rehabilitation \nare generally for public health and safety reasons, in many instances \nbeing mandated by other State or Federal laws, benefit-cost analysis \nand a positive benefit cost-ratio will not be required. The benefits of \nand the requirements for the rehabilitation project shall be documented \nto ensure the wise and responsible use of Federal funds.\n ``(g) Ranking of Requests For Rehabilitation Assistance.--The \nSecretary shall establish such system of approving rehabilitation \nrequests, recognizing that such requests will be received throughout \nthe fiscal year and subject to the availability of funds to carry out \nthis section, as is necessary for proper administration by the \nDepartment of Agriculture and equitable for all eligible local \norganizations. The approval process shall be in writing, and made known \nto all eligible local organizations and appropriate State agencies.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated $60,000,000 for each of the fiscal years 1999 through 2008 \nto carry out this section.\n ``(i) Assessment of Rehabilitation Needs.--Of the amount \nappropriated pursuant to subsection (h) for both fiscal year 1999 and \n2000, $5,000,000 shall be used by the Secretary, in concert with the \nresponsible State agencies, to conduct an assessment of the \nrehabilitation needs of covered water resource projects in all States \nin which such projects are located.\n ``(j) Reports.--The Secretary shall submit an annual report to \nCongress providing the status of activities conducted under this \nsection. An eligible local organization that receives rehabilitation \nassistance shall make an annual report to the Secretary giving the \nstatus of any rehabilitation effort undertaken using financial \nassistance provided under this section.''.","summary":"Small Watershed Rehabilitation Amendments of 1998 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization for the rehabilitation of structural measures originally constructed as part of a covered water resource project. Limits the amount of such assistance to 65 percent of total rehabilitation costs. Authorizes the Secretary to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 1999 through 2008. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects.","title":"Small Watershed Rehabilitation Amendments of 1998","text_len":9063,"sum_len":1050} {"bill_id":"115_hr3118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran and Hizballah Western \nHemisphere Prevention Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) On June 26, 2017, Ali Issa Chamas, a dual Paraguayan-\n Lebanese national reportedly with ties to Hizballah, was \n indicted by a Miami Federal grand jury for drug trafficking \n after being arrested in the Tri-Border Area of Argentina, \n Paraguay, and Brazil for allegedly trying to smuggle cocaine to \n the United States.\n (2) On June 8, 2017, the Department of Justice announced \n the arrest of Ali Kourani and Samer El Debek for attempting to \n provide support to Hizballah, including in Panama, which \n involved locating the United States and Israeli Embassies and \n casing security procedures at the Panama Canal.\n (3) In April 2017, Commander, United States Southern \n Command, Admiral Kurt Tidd testified to Congress that ``as a \n continuing state sponsor of terrorism, Iranian involvement in \n the Western Hemisphere is always a matter of concern [and] with \n the easing of economic sanctions, Iran may be seeking to \n rebuild its relationships in the region''.\n (4) In February 2017, the United States imposed sanctions \n on Venezuelan Vice President Tareck El Aissami, designating him \n as a drug kingpin for facilitating narcotics to the United \n States. A subsequent CNN investigation linked El Aissami to \n ``173 Venezuelan passports and IDs that were issued to \n individuals from the Middle East, including people connected to \n the terrorist group Hezbollah''.\n (5) In September 2016, Iranian President Hassan Rouhani \n conducted his first visit to Latin America, visiting Venezuela \n and Cuba. In the same month, Iran's Foreign Minister Javad \n Zarif also visited Bolivia, Chile, Cuba, Ecuador, Mexico, \n Nicaragua, and Venezuela.\n (6) In February 2016, a Federal prosecutor in Argentina \n alleged that Special Prosecutor Alberto Nisman's death in \n January 2015 was a homicide. Nisman had previously published \n two reports documenting Iranian activities in several countries \n in the region and filed a judicial complaint against former \n Argentine President Cristina Fernandez de Kirchner for \n minimizing Iranian involvement in the 1994 terrorist attack \n against the Argentine-Israeli Mutual Association (AMIA) that \n killed 85 people.\n (7) In February 2016, the U.S. Drug Enforcement \n Administration (DEA) announced the disruption of a Hizballah \n network as part of DEA's ``Project Cassandra'', which affirmed \n that members of Hizballah's External Security Organization \n Business Affairs Component (BAC) had established business \n relationships with South American drug cartels, such as La \n Oficina de Envigado.\n (8) According to the Department of State's 2015 Country \n Report on Terrorism, Hezbollah maintains a presence in the \n Western Hemisphere ``with members, facilitators, and supporters \n engaging in activity in support of the organization'', which \n includes ``efforts to build Hezbollah's infrastructure in South \n America and fundraising, both through licit and illicit \n means''.\n (9) In 2015, former Commander, United States Southern \n Command, General Kelly testified to Congress that ``our limited \n intelligence capabilities make it difficult to fully assess the \n amount of terrorist financing generated in Latin America, or \n understand the scope of possible criminal-terrorist \n collaboration''.\n (10) In November 2014, Brazilian media published police \n reports that revealed that Hizballah helped a Brazilian prison \n gang, the First Capital Command (PCC), obtain weapons in \n exchange for the protection of prisoners of Lebanese origin \n tied to Hizballah. Those same reports also found that Lebanese \n traffickers tied to Hizballah helped sell C4 explosives that \n the PCC allegedly stole in Paraguay.\n (11) In November 2014, Peruvian counterterrorism police \n arrested Mohammed Amadar, a Lebanese citizen, who was \n reportedly a Hizballah operative, after finding traces of \n explosive materials and detonators at his home. His targets \n reportedly included places associated with Israelis and Jews in \n Peru, the Israeli embassy in Lima, and Jewish community \n institutions.\n (12) Hizballah is classified by the Department of State as \n a Foreign Terrorist Organization, but multiple reports have \n found that Hizballah has significant and expanding ties to \n transnational organized crime, drug trafficking, and money-\n laundering activities in the Western Hemisphere, including \n partnerships with Mexico's Los Zetas, Colombia's Revolutionary \n Armed Forces of Colombia (FARC), and Brazil's Primeriro Comando \n de la Capital.\n (13) As of June 2017, the United States has sanctioned 11 \n individuals and four companies in the Tri-Border Area of \n Argentina, Paraguay, and Brazil for their involvement with \n Hizballah's terror finance networks. However, multiple reports \n show that despite United States measures, some of these \n individuals who are Specially Designated Global Terrorists \n (SDGTs) under Executive Order 13224 of September 2001 continue \n to have access to the global financial system.\n\nSEC. 3. STATEMENT OF POLICY.\n\n Congress declares that it is the policy of the United States to \ncontinue the policy outlined in the Hizballah International Financing \nPrevention Act of 2015 (Public Law 114-102) and the government-wide \nstrategy outlined in Countering Iran in the Western Hemisphere Act of \n2012 (Public Law 112-220) to prevent further penetration of Iran and \nHizballah into the Western Hemisphere and prioritize United States \ndiplomatic efforts to engage countries in the Western Hemisphere to \ndisrupt and degrade Hizballah's illicit networks operating in the \nregion.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Western hemisphere.--The term ``Western Hemisphere'' \n has the meaning given such term in section 4(1) of the \n Countering Iran in the Western Hemisphere Act of 2012 (Public \n Law 112-220; 22 U.S.C. 8701 note).\n (2) Relevant congressional committees.--The term ``relevant \n congressional committees'' has the meaning given such term in \n section 4(2) of the Countering Iran in the Western Hemisphere \n Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note).\n (3) Hizballah.--The term ``Hizballah'' has the meaning \n given such term in section 102(f) of the Hizballah \n International Financing Prevention Act of 2015 (Public Law 114-\n 102; 50 U.S.C. 1701 note).\n (4) Hostile activities.--The term ``hostile activities'' \n means any activities that promote anti-American or undemocratic \n views that threaten United States national security through \n government-to-government, private sector, nongovernmental \n organizations, or public diplomacy engagement.\n\nSEC. 5. UNITED STATES STRATEGY TO PREVENT HOSTILE ACTIVITIES BY IRAN \n AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS IN \n THE WESTERN HEMISPHERE.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of State shall submit to the \nrelevant congressional committees a strategy to prevent hostile \nactivities by Iran and disrupt and degrade Hizballah's illicit networks \nin the Western Hemisphere that--\n (1) identifies Department of State priorities, in \n coordination with other executive branch agencies, for defining \n United States policy to protect United States interests from \n Iranian and Hizballah threats in the Western Hemisphere;\n (2) involves a whole-of-government approach led by the \n Secretary of State, in coordination with other executive branch \n agencies, to ensure that information-sharing, interdictions, \n arrests, investigations, indictments, sanctions, and \n designations related to Hizballah individuals or networks in \n the Western Hemisphere are integrated, coordinated, and \n publicly communicated by the United States in a manner that \n supports United States interests;\n (3) outlines a counter-network disruption campaign that \n includes the input of other executive branch agencies and that \n uses all appropriate United States national tools;\n (4) describes Iranian and Hizballah activities in the \n Western Hemisphere, their relationships with transnational \n criminal organizations in the region, their use of the region's \n commodities trade to engage in illicit activities, and their \n use of Latin American and Caribbean visas, including through \n Citizenship by Investment Programs to seek admittance into the \n United States, as well as a plan to address any security \n vulnerabilities to the United States;\n (5) includes a review of all relevant United States \n sanctions that relate to Hizballah's activities in Latin \n America and the Caribbean and an assessment of their use, \n effectiveness, and any capability gaps;\n (6) includes a review of the use of the Department of \n State's rewards program under section 36 of the State \n Department Basic Authorities Act (22 U.S.C. 2708) to obtain \n information related to Latin America-based Hizballah operatives \n and illicit networks and an assessment of the effectiveness of \n this program for targeting Hizballah in the Western Hemisphere;\n (7) includes a review of all relevant United States \n sanctions on financial institutions in Latin America and the \n Caribbean that engage in activities outlined by section 102 of \n Hizballah International Financing Prevention Act of 2015 \n (Public Law 114-102; 50 U.S.C. 1701 note) and an assessment of \n the use of the authorities outlined, their effectiveness, and \n recommendations for improvement;\n (8) describes Hizballah criminal support networks, \n including country facilitation, in the Western Hemisphere and \n outlines a United States approach to partners in the region to \n address those illicit networks and build country capacity to \n combat the transnational criminal activities of Hizballah; and\n (9) includes a review of the actions of governments in the \n Western Hemisphere to identify, investigate, and prosecute \n Latin America-based Hizballah operatives, and enforce sanctions \n either personally or to their business interests of Latin \n America-based Hizballah operatives as well as recommendations \n for United States action towards governments who refuse to \n impose sanctions or who willingly facilitate Latin America-\n based Hizballah illicit activities.\n (b) Form.--The strategy required by subsection (b) shall be \nsubmitted in unclassified form to the greatest extent possible but may \ninclude a classified annex.\n\nSEC. 6. UNITED STATES BILATERAL AND MULTILATERAL ENGAGEMENT ON \n HIZBALLAH IN THE WESTERN HEMISPHERE.\n\n (a) Bilateral Engagement.--Not later than 90 days after the date of \nthe enactment of this Act, the President shall instruct the Secretary \nof State to prioritize United States diplomatic engagement with \ncountries in the Western Hemisphere to increase cooperation and build \ngovernments' capacity to prevent hostile activities by Iran and disrupt \nand degrade Hizballah's illicit networks operating in the region. Such \ndiplomatic engagement may include--\n (1) efforts to target and expose illicit networks, arrest \n perpetrators, freeze assets, and attack Iran and Hizballah's \n use of illicit networks using international trade and banking \n systems;\n (2) efforts to revoke or deny visas from those implicated \n in Hizballah activity in the region, including lawyers, \n accountants, business partners, and service providers and \n politicians who knowingly facilitate or fail to take measures \n to counter Hizballah's illicit finance in their own \n jurisdictions;\n (3) efforts to assist willing nations with the development \n of counter-organized crime legislation, the strengthening of \n financial investigative capacity, and a fully-vetted counter-\n organized crime judicial model in places plagued with \n corruption; and\n (4) efforts to persuade governments in the region to list \n Hizballah as a terrorist organization.\n (b) Multilateral Engagement.--\n (1) In general.--Title I of the Hizballah International \n Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat. \n 2206; 50 U.S.C. 1701 note) is amended by adding at the end the \n following:\n\n``SEC. 103. DIPLOMATIC INITIATIVES.\n\n ``(a) Sense of Congress.--It is the sense of Congress that--\n ``(1) the designation of Hizballah as a terrorist \n organization by the Gulf Cooperation Council represents a \n positive step; and\n ``(2) the United States should provide necessary technical \n and other advice to the states of the Gulf Cooperation Council \n to enhance the effectiveness of that designation.\n ``(b) Diplomatic Initiatives.--Not later than 90 days after the \ndate of the enactment of this section, the President shall instruct--\n ``(1) the United States Permanent Representative to the \n Organization of American States to work to secure support at \n the Organization of American States for a resolution that would \n declare Hizballah as a terrorist organization and address \n Hizballah's illicit networks operating in the region;\n ``(2) the United States Ambassador to the Organization for \n Security and Cooperation in Europe (OSCE) to work to secure a \n report on compliance by participating states with OSCE Decision \n Number 1063, the `Consolidated Framework for the Fight Against \n Terrorism', in regard to Hizballah, with particular focus on \n the mandate to `suppress the financing of terrorism, including \n its links with money-laundering and illegal economic \n activities', especially as it relates transatlantic relations, \n including with Latin America and the Caribbean; and\n ``(3) United States diplomats to work with international \n forums, including the Financial Action Task Force, to identify \n government entities within Latin America and the Caribbean that \n provide support, facilitation, or assistance to individuals \n affiliated with Hizballah in the Western Hemisphere.\n ``(c) Report.--Not later than 90 days after the date of enactment \nof this section, and every 180 days thereafter for a period not to \nexceed 3 years, the Secretary of State shall submit to the Committee on \nForeign Affairs of the House of Representatives and the Committee on \nForeign Relations of the Senate a report describing efforts of the \nUnited States Permanent Representative to the Organization of American \nStates with respect to matters described in subsection (b)(1), efforts \nof the United States Ambassador to the Organization for Security and \nCooperation in Europe with respect to the matters described in \nsubsection (b)(2), and efforts by United States diplomats with respect \nto the matters described in subsection (b)(3).''.\n (2) Clerical amendment.--The table of contents for the \n Hizballah International Financing Prevention Act of 2015 is \n amended by inserting after the item related to section 102 the \n following new item:\n\n``Sec. 103. Diplomatic initiatives.''.\n\nSEC. 7. CONGRESSIONAL OVERSIGHT BRIEFINGS.\n\n The Secretary of State provide to the relevant congressional \ncommittees annual briefings that review Department of State efforts to \nimplement the strategy to prevent hostile activities by Iran and \ndisrupt and degrade Hizballah's illicit networks in the Western \nHemisphere under section 5 and United States bilateral and multilateral \nengagement with respect to Hizballah in the Western Hemisphere in \naccordance with section 6 and the amendments made by section 6.\n\nSEC. 8. REGULATORY AUTHORITY.\n\n (a) In General.--The President shall, not later than 120 days after \nthe date of the enactment of this Act, promulgate regulations as \nnecessary for the implementation of this Act and the amendments made by \nthis Act.\n (b) Notification to Congress.--Not less than 10 days before the \npromulgation of regulations under subsection (a), the President shall \nnotify the relevant congressional committees of the proposed \nregulations and the provisions of this Act that the regulations are \nimplementing.\n\nSEC. 9. SUNSET.\n\n This Act shall terminate on the date that is 30 days after the date \non which the President certifies to Congress that Hizballah meets the \nrequirements described in section 303 of Hizballah International \nFinancing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 \nnote).","summary":"Iran and Hizballah Western Hemisphere Prevention Act of 2017 This bill declares it to be US policy to prevent further penetration of Iran and Hizballah into the Western Hemisphere and to prioritize diplomatic efforts to engage countries in the hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. The Department of State shall submit a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the hemisphere. The President shall instruct the State Department to prioritize US diplomatic engagement with countries in the hemisphere in order to increase cooperation and build the capacity of the governments of those countries to prevent such activities and disrupt and degrade such networks. The bill amends the Hizballah International Financing Prevention Act of 2015 to require the President to instruct: the US Permanent Representative to the Organization of American States (OAS) to work to secure OAS support for a resolution that would declare Hizballah to be a terrorist organization and address such illicit networks. And the US Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work in securing a report on compliance by participating states with OSCE Decision Number 1063, the Consolidated Framework for the Fight Against Terrorism, with regard to Hizballah. And US diplomats to work with international forums to identify government entities in Latin America and the Caribbean that support individuals affiliated with Hizballah in the hemisphere. The State Department must provide to the relevant congressional committees annual briefings that review its efforts to implement such strategy and US bilateral and multilateral engagement with respect to Hizballah in the hemisphere.","title":"Iran and Hizballah Western Hemisphere Prevention Act of 2017","text_len":17858,"sum_len":1799} {"bill_id":"112_hr6086","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hunt Unrestricted on National \nTreasures Act'' or the ``HUNT Act''.\n\nSEC. 2. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND.\n\n (a) Report.--Not later than 180 days after the date of the \nenactment of this Act, and annually thereafter, each head of a Federal \npublic land management agency shall make available to the public on the \nWeb site of the agency a report that includes--\n (1) a list of the location and acreage of lands more than \n 640 acres in size under the jurisdiction of such agency on \n which the public is allowed under Federal or State law to hunt, \n fish, or to use such lands for other recreational purposes--\n (A) to which there is no public access or egress; \n or\n (B) to which public access or egress to the legal \n boundaries of such lands is significantly restricted \n (as determined by the head of such agency);\n (2) with respect to lands under the jurisdiction of the \n agency that are described in paragraph (1), a list of the lands \n that the head of such agency determines have significant \n potential for use for hunting, fishing, and other recreational \n purposes; and\n (3) with respect to lands under the jurisdiction of the \n agency listed under paragraph (2), a plan developed by the \n agency that--\n (A) identifies how public access and egress could \n reasonably be provided to the legal boundaries of such \n lands in a manner that minimizes the impact on wildlife \n habitat and water quality;\n (B) specifies the actions recommended to secure \n such access and egress, including acquiring an \n easement, right-of-way, or fee title from a willing \n owner of lands abutting such lands or the need to \n coordinate with State land management agencies or other \n Federal or State governmental entities to allow for \n such access and egress; and\n (C) is consistent with the travel management plan \n in effect on such lands.\n (b) List of Public Access Routes for Certain Lands.--Not later than \none year after the date of the enactment of this Act, each head of a \nFederal public land management agency shall make available to the \npublic on the Web site of the agency, and thereafter revise as the head \nof the agency determines is appropriate, a list of roads or trails that \nprovide the primary public access and egress to the legal boundaries of \ncontiguous parcels of land equal to more than 640 acres in size under \nthe jurisdiction of such agency on which the public is allowed under \nFederal or State law to hunt, fish, or to use such lands for other \nrecreational purposes.\n (c) Means of Public Access and Egress Included.--When considering \npublic access and egress under subsections (a) and (b), the head of a \nFederal public land management agency shall consider public access and \negress to the legal boundaries of lands described in such subsections, \nincluding access and egress--\n (1) by motorized or non-motorized vehicles; and\n (2) on foot or horseback.\n (d) Definitions.--In this section:\n (1) The term ``Federal public land management agency'' \n means the National Park Service, the United States Fish and \n Wildlife Service, the Forest Service, and the Bureau of Land \n Management.\n (2) The term ``travel management plan'' means a plan for \n the management of travel--\n (A) with respect to lands under the jurisdiction of \n the National Park Service, on park roads and designated \n routes under section 4.10 of title 36 of the Code of \n Federal Regulations (or successor regulation);\n (B) with respect to lands under the jurisdiction of \n the United States Fish and Wildlife Service, on such \n lands under a comprehensive conservation plan required \n under section 4(e) of the National Wildlife Refuge \n System Administration Act of 1966 (16 U.S.C. 668dd(e));\n (C) with respect to lands under the jurisdiction of \n the Forest Service, on National Forest System lands \n under part 212 of title 36 of the Code of Federal \n Regulations (or successor regulations); and\n (D) with respect to lands under the jurisdiction of \n the Bureau of Land Management, under a resource \n management plan developed under the Federal Land Policy \n and Management Act (43 U.S.C. 1701 et seq.).\n\nSEC. 3. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL \n PURPOSES.\n\n Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 \n(16 U.S.C. 460l-9) is amended by adding at the end the following:\n ``Recreational public access to federal land.--In an amount \n not less than 1.5 percent of such moneys, for projects that \n secure public access to Federal land for hunting, fishing, and \n other recreational purposes through easements, rights-of-way, \n or fee title acquisitions, from willing sellers.''.","summary":"Hunt Unrestricted on National Treasures Act or the HUNT Act - Requires each head of a federal public land management agency , to annually make available to the public on its website a report that includes: (1) a list of the lands more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes and to which there is no public access or egress or to which such access or egress to the lands' legal boundaries is significantly restricted. (2) a list of such lands that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes. And (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.","title":"To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public lands for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes.","text_len":5509,"sum_len":1547} {"bill_id":"113_s465","text":"SECTION 1. DEFINITION.\n\n In this Act, the term ``agency'' means--\n (1) an Executive agency (as defined in section 105 of title \n 5, United States Code);\n (2) an office, agency, or other establishment in the \n legislative branch which is not a part of another office, \n agency, or other establishment in the legislative branch; and\n (3) an office, agency, or other establishment in the \n judicial branch which is not a part of another office, agency, \n or other establishment in the judicial branch.\n\nSEC. 2. 2013 SEQUESTER CANCELLATION.\n\n Notwithstanding any other provision of law, the sequestration of \nbudgetary resources for fiscal year 2013 ordered on March 1, 2013, \npursuant to section 251A of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is cancelled.\n\nSEC. 3. FLEXIBLE SEQUESTER IMPLEMENTED BY AGENCY HEADS.\n\n (a) In General.--Notwithstanding any other provision of law, the \nbudget sequester for an account in the security and non-security \ncategories required by section 251A of the Balanced Budget and \nEmergency Deficit Control Act of 1985 for fiscal year 2013 shall be \nimplemented within each account as determined by the head of the agency \nwith spending authority over such account.\n (b) Appropriations Oversight.--\n (1) In general.--The head of an agency may not exercise the \n authority provided in subsection (a) unless the head has \n submitted a notice of implementation describing the proposed \n exercise of authority to the Committees on Appropriations of \n both Houses not later than 15 days before exercising such \n authority and each such committee approves the implementation \n as provided in paragraph (2).\n (2) Appropriations approval.--After the committees receive \n an executive branch proposal for administering the sequester \n under paragraph (1) and not later than 5 days after such \n receipt, each committee, using standard procedures for \n reprogramming, shall accept or reject the proposal. If a \n proposal is accepted by both committees, the proposal may be \n implemented. If either committee rejects a proposal and \n notwithstanding section 2, sequestration within the relevant \n agency will be administered through across the board cuts \n consistent with section 251A of the Balanced Budget and \n Emergency Deficit Control Act of 1985.\n\nSEC. 4. DEPARTMENT OF DEFENSE FLEXIBILITY IN MANAGEMENT OF MULTIYEAR \n CONTRACTS.\n\n (a) In General.--In implementing under section 251(a)(1) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. \n901(a)(1)) the discretionary spending reductions required by section \n251A(7) of the Balanced Budget and Emergency Deficit Control Act of \n1985, the Secretary of Defense may, in consultation with the Director \nof the Office of Management and Budget, take appropriate actions in the \nmanagement of current multiyear contracts of the Department of Defense \nto minimize the effects of such reductions in the carrying out of such \ncontracts.\n (b) Authority for Commencement of Certain Programs, Projects, and \nActivities of the Department of Defense.--Notwithstanding section 102 \nof the Continuing Appropriations Resolution, 2013 (Public Law 112-175), \nappropriations or funds made available or authority granted pursuant to \nsection 101 of that Resolution for the Department of Defense may be \nused for the programs, projects, and activities specified in H.R. 5856, \nDepartment of Defense Appropriations Act, 2013, as reported with an \namendment in the Senate on August 2, 2012 in the 112th Congress or the \nfunding tables in division D of the National Defense Authorization Act \nfor Fiscal Year 2013 (Public Law 112-239), including the following:\n (1) The new production of items not funded for production \n in fiscal year 2012 or prior fiscal years.\n (2) The increase in production rates above those sustained \n with fiscal year 2012 funds.\n (3) The initiation, resumption, or continuation of any \n project, activity, operation, or organization for which \n appropriations, funds, or other authority were not available \n during fiscal year 2012.\n (c) Clarification of Availability of Multiyear Procurement \nAuthority for the Department of Defense.--Notwithstanding section 102 \nof the Continuing Appropriations Resolution, 2013 (Public Law 112-175), \nsubsection (l)(3) of section 2306b of title 10, United States Code, or \nany other provision of law, the Secretary of Defense and the \nSecretaries of the military departments may enter into contracts for \nmultiyear procurements that are authorized by the National Defense \nAuthorization Act for Fiscal Year 2013 (Public Law 112-239).\n (d) Availability of Certain Shipbuilding and Conversion Funds.--Of \nthe amounts provided by section 101 of the Continuing Appropriations \nResolution, 2013 (Public Law 112-175) for ``Shipbuilding and \nConversion, Navy'', $372,573,000 shall be available to fund prior year \nshipbuilding cost increases. The funds so available shall be \ntransferred to, and merged with, the following appropriations accounts \nin the amounts specified:\n (1) ``Shipbuilding and Conversion, Navy, 2009\/2013'' for \n the CVN Refueling Overhauls Program, $135,000,000.\n (2) ``Shipbuilding and Conversion, Navy, 2007\/2013'' for \n the LHA Replacement Program, $156,685,000.\n (3) ``Shipbuilding and Conversion, Navy, 2008\/2013'' for \n the LPD-17 Amphibious Transport Dock Program, $80,888,000.","summary":"Cancels the sequestration of budgetary resources for FY2013 ordered on March 1, 2013, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 . Requires the budget sequester for an account in the security and non-security categories under the Balanced Budget Act for FY2013 to be implemented within each account as determined by the head of the agency with spending authority over such account. Requires: (1) the agency head to notify the Appropriations Committees of a proposed exercise of authority for implementing a sequester, and (2) the Appropriations Committees to approve any agency proposal. Authorizes the Secretary of Defense (DOD) to: (1) take appropriate actions in the management of current DOD multiyear contracts to minimize the effects of a sequester in carrying out such contracts. And (2) begin new programs, projects, and activities and enter into new contracts for multiyear procurements that are authorized by the National Defense Authorization Act for FY2013. Allocates funding for prior year shipbuilding cost increases for the Navy.","title":"A bill to permit flexibility in the application of the budget sequester by Federal agencies.","text_len":5722,"sum_len":1075} {"bill_id":"106_s1888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coral Reef Resource Conservation and \nManagement Act of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) coral reefs have great commercial, recreational, \n cultural, environmental, and aesthetic value;\n (2) coral reefs--\n (A) provide habitat to \\1\/3\\ of all marine fish \n species;\n (B) are essential building blocks for biodiversity;\n (C) are instrumental in forming tropical islands;\n (D) protect coasts from waves and storms;\n (E) contain an array of potential pharmaceuticals; \n and\n (F) support tourism and fishing industries in the \n United States worth billions of dollars;\n (3) studies indicate that coral reefs in the United States \n and around the world are being degraded and severely threatened \n by human and environmental impacts, including land-based \n pollution, overfishing, destructive fishing practices, vessel \n groundings, and climate change;\n (4) the Department of the Interior--\n (A) manages extensive acreage that contains \n sensitive coral reef habitat and adjacent submerged \n land at 20 national wildlife refuges and 9 units of the \n National Park System--\n (i) in the States of Hawaii and Florida; \n and\n (ii) in the territories of Guam, American \n Samoa, and the United States Virgin Islands; \n and\n (B) maintains oversight responsibility for \n additional significant coral reef resources under \n Federal jurisdiction in insular areas, territories, and \n surrounding territorial waters in the Pacific Ocean and \n Caribbean Sea;\n (5) few of the 4,200,000 acres of coral reefs of the United \n States have been mapped or have had their conditions assessed \n or characterized;\n (6) the Department of the Interior conducts scientific \n research and monitoring to determine the structure, function, \n status, and condition of the coral reefs of the United States; \n and\n (7) the Department of the Interior, in cooperation with \n public and private partners, provides technical assistance and \n engages in management and conservation activities for coral \n reef habitats.\n (b) Purposes.--The purposes of this Act are--\n (1) to conserve, protect, and restore the health of coral \n reef ecosystems and the species of fish, plants, and animals \n that depend on those ecosystems;\n (2) to support the monitoring, assessment, management, and \n protection of coral reef ecosystems over which the United \n States has jurisdiction (including coral reef ecosystems \n located in national wildlife refuges and units of the National \n Park System);\n (3) to augment and support the efforts of the Department of \n the Interior, the National Oceanic and Atmospheric \n Administration, and other members of the Coral Reef Task Force;\n (4) to support research efforts that contribute to coral \n reef conservation;\n (5) to support education, outreach, and enforcement for \n coral reef conservation;\n (6) to provide financial resources and matching funds for \n partnership efforts to accomplish the purposes described in \n paragraphs (1) through (4); and\n (7) to coordinate with the Coral Reef Task Force and other \n agencies to address priorities identified by the Coral Reef \n Task Force.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Coral.--The term ``coral'' means any species of the \n phylum Cnidaria, including--\n (A) any species of the order Antipatharia (black \n corals), Scleractinia (stony corals), Gorgonacea (horny \n corals), Stolonifera (organpipe corals and others), \n Alcyanacea (soft corals), or Coenothecalia (blue \n corals), of the class Anthozoa; and\n (B) any species of the order Hydrocorallina (fire \n corals and hydrocorals) of the class Hydrozoa.\n (2) Coral reef.--The term ``coral reef'' means the species \n (including reef plants and coralline algae), habitats, and \n other natural resources associated with any reef or shoal \n composed primarily of corals within all maritime areas and \n zones subject to the jurisdiction of the United States, \n including Federal, State, territorial, or commonwealth waters \n in the south Atlantic, the Caribbean, the Gulf of Mexico, and \n the Pacific Ocean.\n (3) Coral reef conservation project.--The term ``coral reef \n conservation project'' means an activity that contributes to or \n results in preserving, sustaining, or enhancing any coral reef \n ecosystem as a healthy, diverse, and viable ecosystem, \n including--\n (A) any action to enhance or improve resource \n management of a coral reef, such as assessment, \n scientific research, protection, restoration and \n mapping;\n (B) habitat monitoring and any species survey or \n monitoring of a species;\n (C) any activity necessary for planning and \n development of a strategy for coral reef management;\n (D) community outreach and education on the \n importance and conservation of coral reefs; and\n (E) any activity in support of the enforcement of \n laws relating to coral reefs.\n (4) Coral reef task force.--The term ``Coral Reef Task \n Force'' means the task force established under Executive Order \n No. 13089 (June 11, 1998).\n (5) Foundation.--The term ``foundation'' means a foundation \n that is a registered nonprofit organization under section \n 501(c) of the Internal Revenue Code of 1986.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (7) State.--The term ``State'' means any State of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the Virgin Islands, Guam, American Samoa, the \n Commonwealth of the Mariana Islands, or any other territory or \n possession of the United States.\n\nSEC. 4. CORAL REEF RESOURCE CONSERVATION GRANT PROGRAM.\n\n (a) In General.--The Secretary shall provide grants for coral reef \nconservation projects in accordance with this section.\n (b) Eligibility.--The Secretary may award a grant under this \nsection to--\n (1) any appropriate natural resource management authority \n of a State--\n (A) that has jurisdiction over coral reefs; or\n (B) the activities of which affect coral reefs; or\n (2) any educational or nongovernmental institution or \n organization with demonstrated expertise in marine science or \n coral reef conservation.\n (c) Matching Requirements.--\n (1) Federal share.--Except as provided in paragraph (3), \n the Federal share of the cost of a coral reef conservation \n project that receives a grant under this section shall not \n exceed 75 percent of the total cost of the project.\n (2) Non-federal share.--The non-Federal share of the cost \n of a coral reef conservation project that receives a grant \n under this section may be provided in cash or in kind.\n (3) Waiver.--The Secretary may waive all or part of the \n matching requirement under paragraph (1) if--\n (A) the cost of the project is $25,000 or less; or\n (B) the project is necessary to undertake, \n complete, or enhance planning and monitoring \n requirements for coral reef areas under--\n (i) the National Wildlife Refuge System \n Administration Act of 1966 (16 U.S.C. 668dd et \n seq.); or\n (ii) the Act entitled ``An Act to establish \n a National Park Service, and for other \n purposes'', approved August 25, 1916 (16 U.S.C. \n 1 et seq.).\n (d) Allocation.--The Secretary shall award grants under this \nsection so that--\n (1) not less than 40 percent of the grant funds available \n are awarded for coral reef conservation projects in the Pacific \n Ocean;\n (2) not less than 40 percent of the grant funds available \n are awarded for coral reef conservation projects in the \n Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; and\n (3) the remaining grant funds are awarded for coral reef \n conservation projects that address emergency priorities or \n threats identified by the Secretary, in consultation with the \n Coral Reef Task Force.\n (e) Annual Funding Priorities.--After consultation with the Coral \nReef Task Force, States, regional and local entities, and \nnongovernmental organizations involved in coral and marine \nconservation, the Secretary shall identify site-specific and \ncomprehensive threats and constraints that--\n (1) are known to affect coral reef ecosystems (including \n coral reef ecosystems in national wildlife refuges and units of \n the National Park System); and\n (2) shall be considered in establishing annual funding \n priorities for grants awarded under this subsection.\n (f) Project Review and Approval.--\n (1) In general.--The Secretary shall review and rank coral \n reef conservation project proposals according to the criteria \n described in subsection (g).\n (2) Peer review.--\n (A) In general.--For projects that have a cost of \n $25,000 or more, the Secretary shall--\n (i) provide for merit-based peer review of \n the proposal; and\n (ii) require standardized documentation of \n the peer review.\n (B) Expedited process.--For projects that have a \n cost of less than $25,000, the Secretary shall provide \n an expedited peer review process.\n (C) Individual grants.--As part of the peer review \n process for individual grants, the Secretary shall \n request written comments from the appropriate bureaus \n or departments of the State or other government having \n jurisdiction over the area where the project is \n proposed to be conducted.\n (3) List.--At the beginning of each fiscal year, the \n Secretary shall make available a list describing projects \n selected during the previous fiscal year for funding under \n subsection (g).\n (g) Project Approval Criteria.--The Secretary shall evaluate and \nselect project proposals for funding based on the degree to which each \nproposed project--\n (1) is consistent with the purposes of this Act; and\n (2) would--\n (A) promote the long-term protection, conservation, \n restoration, or enhancement of coral reef ecosystems in \n or adjoining areas under the jurisdiction of the \n Department of the Interior;\n (B) promote cooperative conservation projects with \n local communities, nongovernmental organizations, \n educational or private institutions, affected local \n governments, territories, or insular areas;\n (C) enhance public knowledge and awareness of coral \n reef resources and sustainable use through education \n and outreach;\n (D) develop sound scientific information on the \n condition of and threats to coral reef ecosystems \n through mapping, monitoring, research and analysis; and\n (E) increase compliance with laws relating to coral \n reefs.\n (h) Regulations.--\n (1) In general.--Except as provided in paragraph (2), not \n later than 90 days after the date of enactment of this Act, the \n Secretary shall promulgate regulations to implement this Act.\n (2) Project approval.--Not later than 180 days after the \n date of enactment of this Act, the Secretary shall promulgate \n regulations to implement subsection (f), including requirements \n for project proposals.\n (3) Consultation.--In developing regulations under this \n subsection, the Secretary shall identify priorities for coral \n reef resource protection and conservation in consultation with \n agencies and organizations involved in coral and marine \n conservation, including--\n (A) the Coral Reef Task Force;\n (B) interested States;\n (C) regional and local entities; and\n (D) nongovernmental organizations.\n (i) Administration.--\n (1) Foundation involvement.--\n (A) Agreements.--The Secretary may enter into an \n agreement with 1 or more foundations to accept, \n receive, hold, transfer, solicit, and administer funds \n received or made available for a grant program under \n this Act (including funds received in the form of a \n gift or donation).\n (B) Funds.--A foundation that enters into an \n agreement described in subparagraph (A) shall--\n (i) invest, reinvest, and otherwise \n administer funds described in subparagraph (A); \n and\n (ii) maintain the funds and any interest or \n revenues earned in a separate interest-bearing \n account that is--\n (I)(aa) an insured depository \n institution, as the term is defined in \n section 3 of the Federal Deposit \n Insurance Act (12 U.S.C. 1813); or\n (bb) an insured credit union, as \n the term is defined in section 101 of \n the Federal Credit Union Act (12 U.S.C. \n 1752); and\n (II) established by the foundation \n solely to support partnerships between \n the public and private sectors that \n further the purposes of this Act.\n (2) Review of performance.--\n (A) In general.--Beginning in fiscal year 2000, and \n biennially thereafter, the Secretary shall conduct a \n review of each grant program administered by a \n foundation under this subsection.\n (B) Assessment.--Each review under subparagraph (A) \n shall include a written assessment describing the \n extent to which the foundation has implemented the \n goals and requirements of this section.\n (j) Transfers.--\n (1) In general.--Under an agreement entered into under \n subsection (i)(1)(A), the Secretary may transfer funds \n appropriated under section 5(b) to a foundation.\n (2) Use of transferred funds.--Amounts received by a \n foundation under this subsection may be used for matching, in \n whole or in part, contributions (whether in currency, services, \n or property) made to the foundation by private persons and \n State and local government agencies.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $20,000,000 for each of fiscal years 2000 through 2004, to \nremain available until expended.\n (b) Limitation on Administrative Funds.--Not more than 6 percent of \nthe amounts appropriated under this section may be used for program \nmanagement and administration under this Act.","summary":"Limits the Federal share of project costs to 75 percent. Waives the matching requirement if the cost of the project is $25,000 or less or the project is necessary to undertake planning and monitoring requirements for coral reef areas under specified Federal laws. Allocates 40 percent of grant awards for projects in the Pacific Ocean, 40 percent for projects in the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea, and the remainder for projects that address emergency priorities or threats. Sets forth procedures for project review and approval. Authorizes appropriations.","title":"Coral Reef Resource Conservation and Management Act of 1999","text_len":17042,"sum_len":580} {"bill_id":"115_hr436","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Human Trafficking Prioritization \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The International Labor Organization estimates that \n nearly 21 million people are subjected to modern slavery around \n the world at any given time and that the majority of the \n enslaved are women and girls.\n (2) Congress authorized the creation of a Department of \n State Office to Monitor and Combat Trafficking in Persons in \n the Trafficking Victims Protection Act of 2000 (Division A of \n Public Law 106-386) in order to directly assist the Secretary \n of State in his or her effort to coordinate a United States \n Government interagency response to domestic and international \n trafficking in persons.\n (3) The Office to Monitor and Combat Trafficking in Persons \n monitors trafficking worldwide and produces the online and \n printed versions of the annual Trafficking in Persons Report, \n which is Congress' primary resource for human trafficking \n reporting, analysis, and recommendations on the United States \n and 186 countries around the world.\n (4) The annual Trafficking in Persons Report contains tier \n rankings of each country on which it reports, and these tier \n rankings have become an essential diplomatic tool for promoting \n protection for victims, prevention of trafficking, and \n prosecution of perpetrators.\n (5) Some countries have openly stated, and many others have \n confided, that dramatic improvements in the country's human \n trafficking record were directly related to avoidance of a low \n tier ranking in the annual Trafficking in Persons Report.\n (6) Ambassador Mark Lagon, former Ambassador-at-Large to \n Monitor and Combat Trafficking in Persons (2007-2009), \n testified before the Subcommittee on Africa, Global Health, \n Global Human Rights, and International Organizations of the \n Committee on Foreign Affairs of the House of Representatives on \n April 18, 2013, that ``[T]he State Department does a tremendous \n job in producing a report which tells it like it is, offering \n objective rankings. Yet at times it pulls punches, typically \n due to the urging of regional specialists rather than the TIP \n Office's dedicated experts on trafficking.''.\n (7) Ambassador John Miller, former Ambassador-at-Large to \n Monitor and Combat Trafficking in Persons (2002-2006), recently \n stated that, ``Upgrading the status of the Office to a Bureau \n will not create additional bureaucracy--it will simply give \n JTIP and the Ambassador-at-Large who heads it equal standing \n with regional and functional bureaus at the State Department. \n That standing is absolutely essential for the issue to remain a \n priority, especially when multiple U.S. interests are \n engaged.''.\n (8) The tier ranking process authorized by Congress in the \n Trafficking Victims Protection Act of 2000 has been in some \n instances compromised by the Office to Monitor and Combat \n Trafficking subordinate stature within the Department of State.\n (9) It is essential for Congress and the Secretary of State \n to be accurately informed regarding United States and foreign \n country successes and failures in the fight against human \n trafficking.\n (10) The diplomatic power and credibility of the \n Trafficking in Persons Report is based on rigorous scholarship \n and scrupulous application of the minimum standards for the \n elimination of human trafficking and is undermined by \n political, rather than factual, tier rankings.\n (11) Strong and effective anti-slavery policy requires that \n officials from the Office to Monitor and Combat Trafficking \n have equal hierarchical standing with State Department regional \n bureaus and direct access to the Secretary of State.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the Office to Monitor and Combat Trafficking of the \n Department of State will be more effective in carrying out \n duties mandated by Congress in the Trafficking Victims \n Protection Act of 2000 if the Office status is changed to that \n of a Bureau within the Department hierarchy;\n (2) the change in status from Office to Monitor and Combat \n Trafficking to a Bureau can be accomplished without increasing \n the number of personnel or the budget of the current Office;\n (3) a Bureau to Monitor and Combat Trafficking would be \n more effective in carrying out duties mandated by Congress in \n the Trafficking Victims Protection Act of 2000 if the Bureau \n were headed by an Assistant Secretary with direct access to the \n Secretary of State, rather than an Ambassador-at-Large; and\n (4) the Secretary of State should review the current use of \n the 24 Assistant Secretary positions authorized by section \n 1(c)(1) of the State Department Basic Authorities Act of 1956 \n (22 U.S.C. 2651a(c)(1)) and make appropriate revisions, \n consolidations, and eliminations, to ensure that those \n positions reflect the highest Departmental needs and foreign \n policy priorities of the United States, including efforts to \n combat trafficking in persons.\n\nSEC. 4. BUREAU TO COMBAT TRAFFICKING IN PERSONS.\n\n (a) In General.--Section 105(e) of the Trafficking Victims \nProtection Act of 2000 (22 U.S.C. 7103(e)) is amended--\n (1) in the heading, by striking ``Office to Monitor and \n Combat Trafficking'' and inserting ``Bureau To Combat \n Trafficking in Persons'';\n (2) in paragraph (1)--\n (A) in the first sentence, by striking ``Office to \n Monitor and Combat Trafficking'' and inserting ``Bureau \n to Combat Trafficking in Persons'';\n (B) in the second sentence, by striking ``Office'' \n and inserting ``Bureau''; and\n (C) in the sixth sentence, by striking ``Office'' \n and inserting ``Bureau''; and\n (3) in subparagraph (A) of paragraph (2), by striking \n ``Office to Monitor and Combat Trafficking'' and inserting \n ``Bureau to Combat Trafficking in Persons''.\n (b) Reference.--Any reference in the Trafficking Victims Protection \nAct of 2000 or in any other Act to the Office to Monitor and Combat \nTrafficking shall be deemed to be a reference to the Bureau to Combat \nTrafficking in Persons.\n\nSEC. 5. REPORT REGARDING DESIGNATION OF ASSISTANT SECRETARY OF STATE TO \n COMBAT TRAFFICKING IN PERSONS.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Secretary of State shall submit to the Committee on Foreign Affairs \nof the House of Representatives and the Committee on Foreign Relations \nof the Senate a report detailing--\n (1) for each current Assistant Secretary of State \n position--\n (A) the title of that Assistant Secretary of State;\n (B) how long that particular Assistant Secretary \n designation has been in existence; and\n (C) whether that particular Assistant Secretary \n designation was legislatively mandated or authorized \n and, if so, the relevant statutory citation for such \n mandate or authorization; and\n (2) whether the Secretary intends to designate one of the \n Assistant Secretary of State positions authorized by section \n 1(c)(1) of the State Department Basic Authorities Act of 1956 \n (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State to \n Combat Trafficking in Persons, and the reasons for that \n decision.\n\nSEC. 6. COUNTRIES ON SPECIAL WATCH LIST FOR 4 CONSECUTIVE YEARS THAT \n ARE DOWNGRADED AND REINSTATED ON SPECIAL WATCH LIST.\n\n Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 \n(22 U.S.C. 7107(b)(2)) is amended by adding at the end the following:\n ``(F) Countries on special watch list for 4 \n consecutive years that are downgraded and reinstated on \n special watch list.--Notwithstanding subparagraphs (D) \n and (E), a country that--\n ``(i) was included on the special watch \n list described in subparagraph (A) for 4 \n consecutive years after the date of the \n enactment of the William Wilberforce \n Trafficking Victims Protection Reauthorization \n Act of 2008; and\n ``(ii) was subsequently included on the \n list of countries described in paragraph \n (1)(C),\n may not thereafter be included on the special watch \n list described in subparagraph (A) for more than 1 \n consecutive year.''.\n\nSEC. 7. COST LIMITATION.\n\n No additional funds are authorized to be appropriated for \n``Diplomatic and Consular Programs'' to carry out the provisions of \nthis Act.","summary":"Human Trafficking Prioritization Act This bill expresses the sense of Congress that the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 and can do so without an increase in either personnel or budget, if: (1) the Office's status is changed to that of a Bureau within State. And (2) the Office is headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large. The bill amends the Trafficking Victims Protection Act of 2000 to change the status of the Office to Monitor and Combat Trafficking to that of the Bureau to Combat Trafficking in Persons. State must submit to Congress a report detailing: for each current Assistant Secretary of State position, the exact title and length of designation as Assistant Secretary and whether that designation was legislatively mandated or authorized and, if so, the relevant statutory citation. And whether State intends to designate one of the Assistant Secretary of State positions as the Assistant Secretary of State to Combat Trafficking in Persons and the reasons for that decision. The bill prohibits subsequent inclusion for more than one consecutive year on the special watch list of countries whose compliance with minimum standards for the elimination of human trafficking is full, partial, or insignificant of any country that: was included on the list for four consecutive years after enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and was subsequently included on the exclusive Tier 3 list of countries not making significant efforts to bring themselves into compliance with such standards. No additional funds are authorized to be appropriated for diplomatic and consular programs to carry out this bill.","title":"Human Trafficking Prioritization Act","text_len":9617,"sum_len":1895} {"bill_id":"107_s434","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux \nTribe Equitable Compensation Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) by enacting the Act of December 22, 1944, commonly \n known as the ``Flood Control Act of 1944'' (58 Stat. 887, \n chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the \n Pick-Sloan Missouri River Basin program (referred to in this \n section as the ``Pick-Sloan program'')--\n (A) to promote the general economic development of \n the United States;\n (B) to provide for irrigation above Sioux City, \n Iowa;\n (C) to protect urban and rural areas from \n devastating floods of the Missouri River; and\n (D) for other purposes;\n (2) the waters impounded for the Fort Randall and Gavins \n Point projects of the Pick-Sloan program have inundated the \n fertile, wooded bottom lands along the Missouri River that \n constituted the most productive agricultural and pastoral lands \n of, and the homeland of, the members of the Yankton Sioux Tribe \n and the Santee Sioux Tribe;\n (3) the Fort Randall project (including the Fort Randall \n Dam and Reservoir) overlies the western boundary of the Yankton \n Sioux Tribe Indian Reservation;\n (4) the Gavins Point project (including the Gavins Point \n Dam and Reservoir) overlies the eastern boundary of the Santee \n Sioux Tribe;\n (5) although the Fort Randall and Gavins Point projects are \n major components of the Pick-Sloan program, and contribute to \n the economy of the United States by generating a substantial \n amount of hydropower and impounding a substantial quantity of \n water, the reservations of the Yankton Sioux Tribe and the \n Santee Sioux Tribe remain undeveloped;\n (6) the United States Army Corps of Engineers took the \n Indian lands used for the Fort Randall and Gavins Point \n projects by condemnation proceedings;\n (7) the Federal Government did not give the Yankton Sioux \n Tribe and the Santee Sioux Tribe an opportunity to receive \n compensation for direct damages from the Pick-Sloan program, \n even though the Federal Government gave 5 Indian reservations \n upstream from the reservations of those Indian tribes such an \n opportunity;\n (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did \n not receive just compensation for the taking of productive \n agricultural Indian lands through the condemnation referred to \n in paragraph (6);\n (9) the settlement agreement that the United States entered \n into with the Yankton Sioux Tribe and the Santee Sioux Tribe to \n provide compensation for the taking by condemnation referred to \n in paragraph (6) did not take into account the increase in \n property values over the years between the date of taking and \n the date of settlement; and\n (10) in addition to the financial compensation provided \n under the settlement agreements referred to in paragraph (9)--\n (A) the Yankton Sioux Tribe should receive an \n aggregate amount equal to $23,023,743 for the loss \n value of 2,851.40 acres of Indian land taken for the \n Fort Randall Dam and Reservoir of the Pick-Sloan \n program; and\n (B) the Santee Sioux Tribe should receive an \n aggregate amount equal to $4,789,010 for the loss value \n of 593.10 acres of Indian land located near the Santee \n village.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Indian tribe.--The term ``Indian tribe'' has the \n meaning given that term in section 4(e) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b(e)).\n (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' \n means the Santee Sioux Tribe of Nebraska.\n (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' \n means the Yankton Sioux Tribe of South Dakota.\n\nSEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the ``Yankton Sioux Tribe \nDevelopment Trust Fund'' (referred to in this section as the ``Fund''). \nThe Fund shall consist of any amounts deposited in the Fund under this \nAct.\n (b) Funding.--On the first day of the 11th fiscal year that begins \nafter the date of enactment of this Act, the Secretary of the Treasury \nshall, from the General Fund of the Treasury, deposit into the Fund \nestablished under subsection (a)--\n (1) $23,023,743; and\n (2) an additional amount that equals the amount of interest \n that would have accrued on the amount described in paragraph \n (1) if such amount had been invested in interest-bearing \n obligations of the United States, or in obligations guaranteed \n as to both principal and interest by the United States, on the \n first day of the first fiscal year that begins after the date \nof enactment of this Act and compounded annually thereafter.\n (c) Investment of Trust Fund.--It shall be the duty of the \nSecretary of the Treasury to invest such portion of the Fund as is not, \nin the Secretary of Treasury's judgment, required to meet current \nwithdrawals. Such investments may be made only in interest-bearing \nobligations of the United States or in obligations guaranteed as to \nboth principal and interest by the United States. The Secretary of the \nTreasury shall deposit interest resulting from such investments into \nthe Fund.\n (d) Payment of Interest to Tribe.--\n (1) Withdrawal of interest.--Beginning on the first day of \n the 11th fiscal year after the date of enactment of this Act \n and, on the first day of each fiscal year thereafter, the \n Secretary of the Treasury shall withdraw the aggregate amount \n of interest deposited into the Fund for that fiscal year and \n transfer that amount to the Secretary of the Interior for use \n in accordance with paragraph (2). Each amount so transferred \n shall be available without fiscal year limitation.\n (2) Payments to yankton sioux tribe.--\n (A) In general.--The Secretary of the Interior \n shall use the amounts transferred under paragraph (1) \n only for the purpose of making payments to the Yankton \n Sioux Tribe, as such payments are requested by that \n Indian tribe pursuant to tribal resolution.\n (B) Limitation.--Payments may be made by the \n Secretary of the Interior under subparagraph (A) only \n after the Yankton Sioux Tribe has adopted a tribal plan \n under section 6.\n (C) Use of payments by yankton sioux tribe.--The \n Yankton Sioux Tribe shall use the payments made under \n subparagraph (A) only for carrying out projects and \n programs under the tribal plan prepared under section \n 6.\n (e) Transfers and Withdrawals.--Except as provided in subsections \n(c) and (d)(1), the Secretary of the Treasury may not transfer or \nwithdraw any amount deposited under subsection (b).\n\nSEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the ``Santee Sioux Tribe \nDevelopment Trust Fund'' (referred to in this section as the ``Fund''). \nThe Fund shall consist of any amounts deposited in the Fund under this \nAct.\n (b) Funding.--On the first day of the 11th fiscal year that begins \nafter the date of enactment of this Act, the Secretary of the Treasury \nshall, from the General Fund of the Treasury, deposit into the Fund \nestablished under subsection (a)--\n (1) $4,789,010; and\n (2) an additional amount that equals the amount of interest \n that would have accrued on the amount described in paragraph \n (1) if such amount had been invested in interest-bearing \n obligations of the United States, or in obligations guaranteed \n as to both principal and interest by the United States, on the \n first day of the first fiscal year that begins after the date \nof enactment of this Act and compounded annually thereafter.\n (c) Investment of Trust Fund.--It shall be the duty of the \nSecretary of the Treasury to invest such portion of the Fund as is not, \nin the Secretary of Treasury's judgment, required to meet current \nwithdrawals. Such investments may be made only in interest-bearing \nobligations of the United States or in obligations guaranteed as to \nboth principal and interest by the United States. The Secretary of the \nTreasury shall deposit interest resulting from such investments into \nthe Fund.\n (d) Payment of Interest to Tribe.--\n (1) Withdrawal of interest.--Beginning on the first day of \n the 11th fiscal year after the date of enactment of this Act \n and, on the first day of each fiscal year thereafter, the \n Secretary of the Treasury shall withdraw the aggregate amount \n of interest deposited into the Fund for that fiscal year and \n transfer that amount to the Secretary of the Interior for use \n in accordance with paragraph (2). Each amount so transferred \n shall be available without fiscal year limitation.\n (2) Payments to santee sioux tribe.--\n (A) In general.--The Secretary of the Interior \n shall use the amounts transferred under paragraph (1) \n only for the purpose of making payments to the Santee \n Sioux Tribe, as such payments are requested by that \n Indian tribe pursuant to tribal resolution.\n (B) Limitation.--Payments may be made by the \n Secretary of the Interior under subparagraph (A) only \n after the Santee Sioux Tribe has adopted a tribal plan \n under section 6.\n (C) Use of payments by santee sioux tribe.--The \n Santee Sioux Tribe shall use the payments made under \n subparagraph (A) only for carrying out projects and \n programs under the tribal plan prepared under section \n 6.\n (e) Transfers and Withdrawals.--Except as provided in subsections \n(c) and (d)(1), the Secretary of the Treasury may not transfer or \nwithdraw any amount deposited under subsection (b).\n\nSEC. 6. TRIBAL PLANS.\n\n (a) In General.--Not later than 24 months after the date of \nenactment of this Act, the tribal council of each of the Yankton Sioux \nand Santee Sioux Tribes shall prepare a plan for the use of the \npayments to the tribe under section 4(d) or 5(d) (referred to in this \nsubsection as a ``tribal plan'').\n (b) Contents of Tribal Plan.--Each tribal plan shall provide for \nthe manner in which the tribe covered under the tribal plan shall \nexpend payments to the tribe under section 4(d) or 5(d) to promote--\n (1) economic development;\n (2) infrastructure development;\n (3) the educational, health, recreational, and social \n welfare objectives of the tribe and its members; or\n (4) any combination of the activities described in \n paragraphs (1), (2), and (3).\n (c) Tribal Plan Review and Revision.--\n (1) In general.--Each tribal council referred to in \n subsection (a) shall make available for review and comment by \n the members of the tribe a copy of the tribal plan for the \n Indian tribe before the tribal plan becomes final, in \n accordance with procedures established by the tribal council.\n (2) Updating of tribal plan.--Each tribal council referred \n to in subsection (a) may, on an annual basis, revise the tribal \n plan prepared by that tribal council to update the tribal plan. \n In revising the tribal plan under this paragraph, the tribal \n council shall provide the members of the tribe opportunity to \n review and comment on any proposed revision to the tribal plan.\n (3) Consultation.--In preparing the tribal plan and any \n revisions to update the plan, each tribal council shall consult \n with the Secretary of the Interior and the Secretary of Health \n and Human Services.\n (4) Audit.--\n (A) In general.--The activities of the tribes in \n carrying out the tribal plans shall be audited as part \n of the annual single-agency audit that the tribes are \n required to prepare pursuant to the Office of \n Management and Budget circular numbered A-133.\n (B) Determination by auditors.--The auditors that \n conduct the audit described in subparagraph (A) shall--\n (i) determine whether funds received by \n each tribe under this section for the period \n covered by the audits were expended to carry \n out the respective tribal plans in a manner \n consistent with this section; and\n (ii) include in the written findings of the \n audits the determinations made under clause \n (i).\n (C) Inclusion of findings with publication of \n proceedings of tribal council.--A copy of the written \n findings of the audits described in subparagraph (A) \n shall be inserted in the published minutes of each \n tribal council's proceedings for the session at which \n the audit is presented to the tribal councils.\n (d) Prohibition on Per Capita Payments.--No portion of any payment \nmade under this Act may be distributed to any member of the Yankton \nSioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita \nbasis.\n\nSEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.\n\n (a) In General.--No payment made to the Yankton Sioux Tribe or \nSantee Sioux Tribe pursuant to this Act shall result in the reduction \nor denial of any service or program to which, pursuant to Federal law--\n (1) the Yankton Sioux Tribe or Santee Sioux Tribe is \n otherwise entitled because of the status of the tribe as a \n federally recognized Indian tribe; or\n (2) any individual who is a member of a tribe under \n paragraph (1) is entitled because of the status of the \n individual as a member of the tribe.\n (b) Exemptions From Taxation.--No payment made pursuant to this Act \nshall be subject to any Federal or State income tax.\n (c) Power Rates.--No payment made pursuant to this Act shall affect \nPick-Sloan Missouri River Basin power rates.\n\nSEC. 8. STATUTORY CONSTRUCTION.\n\n Nothing in this Act may be construed as diminishing or affecting \nany water right of an Indian tribe, except as specifically provided in \nanother provision of this Act, any treaty right that is in effect on \nthe date of enactment of this Act, or any authority of the Secretary of \nthe Interior or the head of any other Federal agency under a law in \neffect on the date of enactment of this Act.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act, including such sums as may be necessary for the \nadministration of the Yankton Sioux Tribe Development Trust Fund under \nsection 4 and the Santee Sioux Tribe Development Trust Fund under \nsection 5.\n\nSEC. 10. EXTINGUISHMENT OF CLAIMS.\n\n Upon the deposit of funds under sections 4(b) and 5(b), all \nmonetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe \nof Nebraska has or may have against the United States for loss of value \nor use of land related to lands described in section 2(a)(10) resulting \nfrom the Fort Randall and Gavins Point projects of the Pick-Sloan \nMissouri River Basin program shall be extinguished.\n\n Passed the Senate July 24, 2002.\n\n Attest:\n\n JERI THOMSON,\n\n Secretary.","summary":"Title I: Yankton Sioux and Santee Sioux Tribes Equitable Compensation - Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund. Directs the Secretary of the Treasury (Secretary), on the first day of the 11th fiscal year beginning after enactment of this Act, to transfer from the General Fund into such Funds specified amounts plus the equivalent of the annually compounded interest that would have accrued on such amounts if they had been invested in interest-bearing US obligations or in obligations guaranteed by the United States. Requires the Secretary to invest in such obligations the portion of such Funds not required to meet current withdrawals. Directs the Secretary, beginning the same day as such transfer, to withdraw the aggregate amount of interest deposited into the Funds each fiscal year and transfer it to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under their respective Tribal Plan. Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments to carry out projects and programs to promote: (1) economic development, (2) infrastructure development. Or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits per capita distributions to Tribe members. States that payments under this Act shall not affect other Federal services or programs to which the Tribes are otherwise entitled, or the Pick-Sloan Missouri River Basin power rates, nor be subject to Federal or State income tax. Authorizes appropriations. Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the Secretary's transfers to the tribal Funds established by this Act. Title II: Martin's Cove Land Transfer - Martin's Cove Land Transfer Act - Directs the Secretary of the Interior to offer to convey to the Corporation of the Presiding Bishop specified public lands for the purposes of public education, historic preservation, and enhanced recreational enjoyment of the public. Requires the Corporation to pay the United States the historic fair market value of the property conveyed, including any improvements. Directs the Secretary and the Corporation to enter into an agreement, binding on any successor or assignee, that ensures that the property conveyed shall, consistent with the site's historic purposes: (1) be available in perpetuity for public education and historic preservation. And (2) provide to the public, in perpetuity and without charge, access to the property. Directs the Secretary to require that the Church of Jesus Christ of Latter Day Saints and its current or future affiliated corporations grant the United States a right of first refusal to acquire the property at historic fair market value if the Church or any of its corporations seeks to dispose of it. Requires that the proceeds of this conveyance be used exclusively by the National Trails Interpretive Center Foundation, Inc. of Casper, Wyoming, to advance the public understanding and enjoyment of the National Historic Trails System. Requires the Foundation to use such proceeds only to: (1) complete construction of the exhibits connected with the opening of the National Historic Trails Center. And (2) maintain, acquire, and further enhance the Center's exhibits, artistic representations, historic artifacts, and grounds. States that this title does not set a precedent for the resolution of land sales between or among private entities and the United States.","title":"To provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands, and for other purposes.","text_len":16823,"sum_len":3823} {"bill_id":"109_hr3193","text":"SECTION 1. SHORT TITLE AND PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Rocky Mountain \nNational Park Wilderness Act''.\n (b) Purpose.--The purpose of this Act is to include in the National \nWilderness Preservation System certain lands within the Rocky Mountain \nNational Park, Colorado, in order to protect the enduring scenic and \nhistoric wilderness character and unique wildlife values of the lands \nas well as the scientific, educational, inspirational, and recreational \nresources, values, and opportunities of the lands.\n\nSEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.\n\n (a) Designation.--In furtherance of the purposes of the Wilderness \nAct (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain \nNational Park, Colorado, which comprise approximately ____ acres, as \ngenerally depicted on the map titled ``Rocky Mountain National Park, \nColorado Wilderness Boundaries'' and dated June 2005, are hereby \ndesignated as wilderness and, therefore, as a component of the National \nWilderness Preservation System. The designated lands shall be known as \nthe Rocky Mountain National Park Wilderness.\n (b) Map and Description.--\n (1) Preparation and submission.--As soon as practicable \n after the date of the enactment of this Act, the Secretary of \n the Interior shall prepare a map and a boundary description of \n the Rocky Mountain National Park Wilderness designated by \n subsection (a) and file the map and boundary description with \n the Committee on Resources of the House of Representatives and \n the Committee on Energy and Natural Resources of the Senate. \n The map and boundary description shall be on file and available \n for public inspection in the office of the Director of the \n National Park Service, Department of the Interior.\n (2) Treatment.--The map and boundary description prepared \n under paragraph (1) shall have the same force and effect as if \n included in this Act. The Secretary of the Interior may correct \n clerical and typographical errors in the map and description.\n (c) Potential Wilderness Lands.--\n (1) Definition.--In this section, the term ``potential \n wilderness lands'' means--\n (A) lands identified as potential wilderness on the \n map referred to in subsection (a); and\n (B) lands and interests therein acquired by the \n United States on or after the date of the enactment of \n this Act that are located within the boundaries of the \n Rocky Mountain National Park and are contiguous with \n lands designated as wilderness by this Act.\n (2) Inclusion in wilderness.--Upon publication in the \n Federal Register of a notice by the Secretary of the Interior \n that all uses of a parcel of potential wilderness lands \n inconsistent with the Wilderness Act have ceased, the parcel \n shall be included in the Rocky Mountain National Park \n Wilderness designated by subsection (a) and managed as provided \n in section 3. The Secretary of the Interior shall modify the \n map and boundary description prepared under subsection (b) to \n reflect the inclusion of the parcel in the Rocky Mountain \n National Park Wilderness.\n (d) Exclusion of Certain Lands.--The boundaries of the Rocky \nMountain National Park Wilderness and the potential wilderness lands \nspecifically exclude the following:\n (1) The Grand Ditch (including both the main canal of the \n Grand Ditch and a branch thereof known as the specimen Ditch) \n and its right-of-way as well as associated appurtenances, \n structures, buildings, camps, and work sites in existence as of \n June 1, 1998.\n (2) Lands owned by the St. Vrain & Left Hand Water \n Conservancy District, including Copeland Reservoir and the \n Inlet Ditch to such reservoir from the North St. Vrain Creek, \n amounting to approximately 35.38 acres.\n (3) Lands owned by the Wincentsen-Harms Trust, amounting to \n approximately 2.75 acres.\n (e) Relation to Lands Outside Wilderness.--Nothing in this Act \nshall affect the management or use of any lands not included within the \nboundaries of the Rocky Mountain National Park Wilderness or the \npotential wilderness lands.\n\nSEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.\n\n (a) Management Generally.--Subject to valid existing rights, lands \ndesignated as wilderness by section 2(a) or subsequently included in \nthe Rocky Mountain National Park Wilderness by section 2(c) shall be \nmanaged by the Secretary of the Interior in accordance with the \nWilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to \nthe lands designated as wilderness by section 2(a), any reference in \nthe Wilderness Act to the effective date of the Wilderness Act shall be \ndeemed to be a reference to the date of the enactment of this Act. With \nrespect to the lands subsequently included in the Rocky Mountain \nNational Park Wilderness by section 2(c), any reference in the \nWilderness Act to the effective date of the Wilderness Act shall be \ndeemed to be a reference to the date on which the lands were included \nin the wilderness area.\n (b) Water Rights.--\n (1) Findings.--The Congress finds the following:\n (A) According to decisions of the courts of the \n State of Colorado, the United States has existing \n rights to water within the Rocky Mountain National \n Park.\n (B) Those rights are sufficient for the purposes of \n the Rocky Mountain National Park Wilderness as \n designated by section 2.\n (C) In light of the findings in subparagraphs (A) \n and (B), there is no need for this Act to effect a \n reservation by the United States of any additional \n water rights to fulfill the purposes for which the \n Rocky Mountain National Park Wilderness is designated.\n (2) No reservation.--Nothing in this Act or any action \n taken pursuant to this Act shall constitute either an express \n or implied reservation of water or water rights for any \n purpose.\n (c) Colorado-Big Thompson Project.--\n (1) Current activities.--Activities on, under, or affecting \n the lands designated as wilderness by section 2 relating to the \n monitoring, operation, maintenance, repair, replacement, and \n use of the Colorado-Big Thompson Project and its facilities \n which were allowed as of June 1, 1998, shall be allowed to \n continue and shall not be affected by the designation of the \n lands as wilderness.\n (2) New activities.--In addition to the activities \n described in paragraph (1), any other activities on, under, or \n affecting the lands designated as wilderness by section 2 that \n because of emergencies or catastrophic events become necessary \n for the operation, maintenance, repair, replacement, and \n continue use of the Colorado-Big Thompson Project and its \n facilities shall be allowed, subject only to reasonable \n restrictions which are established by the Secretary of the \n Interior to protect the wilderness values of the lands. In \n implementing this paragraph, the Secretary shall not establish \n any restrictions on the activities that would prevent the \n occurrence of such necessary activities or that would reduce \n the water supply provided by the Colorado-Big Thompson Project \n or the Windy Gap Project.\n (3) Relation to authority in act establishing park.--\n Nothing in the first section of the Act of January 26, 1915 (16 \n U.S.C. 191), shall be construed to allow development within the \n lands designated as wilderness by section 2 of any reclamation \n project not in existence as of the date of the enactment of \n this Act.\n (d) No Buffer Zones.--Congress does not intend that the designation \nby this Act of the Rocky Mountain National Park Wilderness creates or \nimplies the creation of protective perimeters or buffer zones around \nthe wilderness area. The fact that nonwilderness activities or uses can \nbe seen or heard from within the wilderness area shall not, of itself, \npreclude such activities or uses up to the boundary of the wilderness \narea.","summary":"Rocky Mountain National Park Wilderness Act- Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness.","title":"To designate as wilderness certain lands within the Rocky Mountain National Park in the State of Colorado.","text_len":8701,"sum_len":243} {"bill_id":"112_s931","text":"SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS.\n\n (a) Income Tax.--\n (1) Additional requirements for deduction.--Paragraph (1) \n of section 170(o) of the Internal Revenue Code of 1986 is \n amended to read as follows:\n ``(1) Denial of deduction in certain cases.--\n ``(A) In general.--No deduction shall be allowed \n for a contribution of an undivided portion of a \n taxpayer's entire interest in tangible personal \n property unless--\n ``(i) all interests in the property are \n held immediately before such contribution by--\n ``(I) the taxpayer, or\n ``(II) the taxpayer and the donee,\n ``(ii) in the case of an initial fractional \n contribution, such contribution is an undivided \n portion of not less than 10 percent of all \n interests in the property,\n ``(iii) in the case of an initial \n fractional contribution, the contribution is \n made pursuant to a written binding contract \n which requires the donor--\n ``(I) to contribute not less than \n 20 percent of all interests in the \n property on or before the date that is \n 11 years after the date of the initial \n fractional contribution, and\n ``(II) to contribute all of the \n interests in such property to the donee \n (or if such donee is no longer in \n existence, to any person described in \n subsection (c)) on or before the \n earlier of the date of the death of the \n donor or the date which is 20 years \n after the date of the initial \n fractional contribution, and\n ``(iv) if the value of the tangible \n personal property with respect to which the \n undivided portion of the taxpayer's entire \n interest relates is greater than $1,000,000 (or \n such greater amount as determined by the \n Secretary), the taxpayer attaches to the return \n for the taxable year in which such contribution \n is made a statement of value obtained from the \n Internal Revenue Service.\n ``(B) Exceptions.--The Secretary may, by \n regulation, provide for exceptions to subparagraph \n (A)(i) in cases where all persons who hold an interest \n in the property make proportional contributions of an \n undivided portion of the entire interest held by such \n persons. Such regulations may modify the requirements \n of clauses (ii) and (iii) of subparagraph (A) to the \n extent necessary to carry out the purposes of this \n subparagraph.''.\n (2) Valuation of subsequent gifts.--Paragraph (2) of \n section 170(o) of such Code is amended to read as follows:\n ``(2) Valuation of subsequent gifts.--In the case of any \n additional contribution, the fair market value of such \n contribution shall be determined by multiplying--\n ``(A) the fair market value of all of the donor's \n interest in the property immediately before the \n additional contribution, and\n ``(B) the interest in the property (expressed as a \n percentage) contributed in such additional \n contribution.''.\n (3) Recapture of deduction.--Paragraph (3) of section \n 170(o) of such Code is amended--\n (A) by redesignating subparagraph (B) as \n subparagraph (C), and\n (B) by striking subparagraph (A) and inserting the \n following:\n ``(A) Recapture.--The Secretary shall provide for \n the recapture of the amount of any deduction allowed \n under this section (plus interest) with respect to any \n contribution of an undivided portion of a taxpayer's \n entire interest in tangible personal property--\n ``(i) in any case in which the donor fails \n to meet the requirements described in paragraph \n (1)(A)(iii), and\n ``(ii) in any case where such property is \n not in the physical possession of the donee and \n used in a use which is related to a purpose or \n function constituting the basis for the donee \n organization's exemption under section 501 \n during any applicable period for a period of \n time which bears substantially the same ratio \n to 5 years as--\n ``(I) the percentage of the \n undivided interest of the donee in the \n property (determined on the day after \n such contribution was made), bears to\n ``(II) 100 percent.\n ``(B) Applicable period.--For purposes of \n subparagraph (A), the applicable period means--\n ``(i) the 5-year period beginning on the \n date of the later of the initial fractional \n contribution, and\n ``(ii) each subsequent 5-year period \n occurring during the 20-year period described \n in paragraph (1)(A)(iii)(II).''.\n (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(1) Valuation of subsequent gifts.--In the case of any \n additional contribution, the fair market value of such \n contribution shall be determined by multiplying--\n ``(A) the fair market value of all of the donor's \n interest in the property immediately before the \n additional contribution, and\n ``(B) the interest in the property (expressed as a \n percentage) contributed in such additional \n contribution.''.\n (c) Gift Tax.--\n (1) Additional requirements for deduction.--Paragraph (1) \n of section 2522(e) of the Internal Revenue Code of 1986 is \n amended to read as follows:\n ``(1) Denial of deduction in certain cases.--\n ``(A) In general.--No deduction shall be allowed \n for a contribution of an undivided portion of a \n taxpayer's entire interest in tangible personal \n property unless--\n ``(i) all interests in the property are \n held immediately before such contribution by--\n ``(I) the taxpayer, or\n ``(II) the taxpayer and the donee,\n ``(ii) in the case of an initial fractional \n contribution, such contribution is an undivided \n portion of not less than 10 percent of all \n interests in the property,\n ``(iii) in the case of an initial \n fractional contribution, the contribution is \n made pursuant to a written binding contract \n which requires the donor--\n ``(I) to contribute not less than \n 20 percent of all interests in the \n property on or before the date that is \n 11 years after the date of the initial \n fractional contribution, and\n ``(II) to contribute all of the \n interests in such property to the donee \n (or if such donee is no longer in \n existence, to any person described in \n section 170(c)) on or before the \n earlier of the date of the death of the \n donor or the date which is 20 years \n after the date of the initial \n fractional contribution, and\n ``(iv) if the value of the tangible \n personal property with respect to which the \n undivided portion of the taxpayer's entire \n interest relates is greater than $1,000,000 (or \n such greater amount as determined by the \n Secretary), the taxpayer attaches to the return \n for the taxable year in which such contribution \n is made a statement of value obtained from the \n Internal Revenue Service.\n ``(B) Exceptions.--The Secretary may, by \n regulation, provide for exceptions to subparagraph \n (A)(i) in cases where all persons who hold an interest \n in the property make proportional contributions of an \n undivided portion of the entire interest held by such \n persons. Such regulations may modify the requirements \n of clauses (ii) and (iii) of subparagraph (A) to the \n extent necessary to carry out the purposes of this \n subparagraph.''.\n (2) Valuation of subsequent gifts.--Paragraph (2) of \n section 2522(e) of such Code is amended to read as follows:\n ``(2) Valuation of subsequent gifts.--In the case of any \n additional contribution, the fair market value of such \n contribution shall be determined by multiplying--\n ``(A) the fair market value of all of the donor's \n interest in the property immediately before the \n additional contribution, and\n ``(B) the interest in the property (expressed as a \n percentage) contributed in such additional \n contribution.''.\n (3) Recapture of deduction.--Paragraph (3) of section \n 2522(e) of such Code is amended--\n (A) by redesignating subparagraph (B) as \n subparagraph (C), and\n (B) by striking subparagraph (A) and inserting the \n following:\n ``(A) Recapture.--The Secretary shall provide for \n the recapture of the amount of any deduction allowed \n under this section (plus interest) with respect to any \n contribution of an undivided portion of a taxpayer's \n entire interest in tangible personal property--\n ``(i) in any case in which the donor fails \n to meet the requirements described in paragraph \n (1)(A)(iii), and\n ``(ii) in any case where such property is \n not in the physical possession of the donee and \n used in a use which is related to a purpose or \n function constituting the basis for the donee \n organization's exemption under section 501 \n during any applicable period for a period of \n time which bears substantially the same ratio \n to 5 years as--\n ``(I) the percentage of the \n undivided interest of the donee in the \n property (determined on the day after \n such contribution was made), bears to\n ``(II) 100 percent.\n ``(B) Applicable period.--For purposes of \n subparagraph (A), the applicable period means--\n ``(i) the 5-year period beginning on the \n date of the later of the initial fractional \n contribution, and\n ``(ii) each subsequent 5-year period \n occurring during the 20-year period described \n in paragraph (1)(A)(iii)(II).''.\n (d) Return Requirement.--Section 6033 of the Internal Revenue Code \nof 1986 is amended by redesignating subsection (m) as subsection (n) \nand by inserting after subsection (l) the following new subsection:\n ``(m) Additional Provisions Relating to Organizations Described in \nSection 170(c).--Every organization described in section 170(c) shall, \non any return required under subsection (a), list each charitable \ncontribution received by the organization during the period covered by \nthe return which represents a contribution of an undivided portion of a \ntaxpayer's entire interest in tangible personal property and provide \nsuch other information with respect to such contribution as required by \nthe Secretary.''.\n (e) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to contributions, \n bequests, and gifts made after the date of the enactment of \n this Act.\n (2) Return requirement.--The amendments made by subsection \n (d) shall apply to returns for taxable years ending after the \n date of the enactment of this Act.\n (f) Transition Rule.--In the case of any additional contribution \n(as defined in section 170(o)(4) of the Internal Revenue Code of 1986) \nwith respect to an initial fractional contribution (as defined in such \nsection) made after August 17, 2006, and before the date of the \nenactment of this Act--\n (1) except for purposes of determining the fair market \n value of such contribution under sections 170(o)(2), \n 2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986 \n (as such sections were amended by this Act), such contribution \n shall be treated as an initial fractional contribution (as so \n defined) subject to the amendments made by this section, and\n (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such \n Code (as in effect before the date of the enactment of this \n Act) shall not apply with respect to any prior contribution of \n an undivided portion of the taxpayer's interest in the \n property.","summary":"Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns.","title":"A bill to amend the Internal Revenue Code of 1986 to reform the rules relating to fractional charitable donations of tangible personal property.","text_len":15518,"sum_len":570} {"bill_id":"108_hr5096","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flagship Species Conservation Act of \n2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) Numerous species of fauna have continued to decline to \n the point that the long-term survival of those species in the \n wild is in serious jeopardy.\n (2) Many of those species are listed under section 4 of the \n Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix \n I or II of the Convention on International Trade in Endangered \n Species of Wild Fauna and Flora.\n (3) There are insufficient resources available for \n addressing the threats facing those species, which will require \n the joint commitment and effort of countries within the range \n of those species, the United States and other countries, and \n the private sector.\n (4) The grant programs established by the Congress for \n tigers, rhinoceroses, Asian elephants, African elephants, great \n apes, neotropical migratory birds, and marine turtles have \n proven to be extremely successful, provide Federal funds for \n conservation projects in an efficient and expeditious manner, \n and encourage additional support for conservation in countries \n where those species exist in the wild.\n (5) A new grant program modeled on the existing programs \n for tigers, rhinoceroses, elephants, great apes, neotropical \n migratory birds, and marine turtles would provide an effective \n means to assist in the conservation of flagship species for \n which there are no existing grant programs.\n (b) Purpose.--The purpose of this Act is to conserve flagship \nspecies of fauna throughout the world, and the ecosystems on which \nthose species depend, by supporting the conservation programs for those \nspecies and the CITES Secretariat, promoting partnerships between the \npublic and private sectors, and providing financial resources for those \nprograms and partnerships.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Account.--The term ``Fund'' means the Flagship Species \n Conservation Fund established by section 5.\n (2) CITES.--The term ``CITES'' means the Convention on \n International Trade in Endangered Species of Wild Fauna and \n Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS \n 8249), including its appendices and amendments.\n (3) Conservation.--The term ``conservation'' means the use \n of methods and procedures necessary to bring a flagship species \n to the point at which there are sufficient populations in the \n wild to ensure that the species does not become extinct, \n including--\n (A) protection and management of populations of a \n flagship species;\n (B) maintenance, management, protection, and \n restoration of habitat of a flagship species;\n (C) research and monitoring;\n (D) law enforcement; and\n (E) community outreach and education.\n (4) Fish or wildlife.--The term ``fish or wildlife'' means \n any mammal, fish, bird, or reptile.\n (5) Flagship species.--The term ``flagship species''--\n (A) subject to subparagraph (B), means a species of \n fish or wildlife--\n (i) that is listed as an endangered species \n or threatened species under section 4 of the \n Endangered Species Act of 1973 (16 U.S.C. 1533) \n or that is listed in Appendix I or II of CITES;\n (ii) whose range is wholly outside of the \n United States; and\n (iii) that appeals to the public and has \n other features that make it suitable for \n communicating conservation concerns; and\n (B) does not include African elephants, Asian \n elephants, rhinoceros, tigers, great apes, neotropical \n migratory birds, and marine turtles.\n (6) Multinational species conservation fund.--The term \n ``Multinational Species Conservation Fund'' means the fund \n established under the heading ``multinational species \n conservation fund'' in title I of the Department of the \n Interior and Related Agencies Appropriations Act, 1999 (16 \n U.S.C. 4246).\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.\n\n (a) In General.--Subject to the availability of funds, the \nSecretary shall use amounts in the Fund to provide financial assistance \nfor projects for the conservation of that flagship species throughout \nthe world, for which project proposals are approved by the Secretary in \naccordance with this section.\n (b) Project Proposals.--\n (1) Eligible applicants.--A proposal for a project for the \n conservation of a flagship species may be submitted to the \n Secretary by--\n (A) any relevant wildlife management authority of a \n country that has within its boundaries any part of the \n range of a flagship species, if the agency has \n authority over fish or wildlife and the activities of \n the agency directly or indirectly affect the species;\n (B) the CITES Secretariat; or\n (C) any person with demonstrated expertise in the \n conservation of that flagship species.\n (2) Required information.--A project proposal shall \n include--\n (A) the name of the individual with primary \n responsibility for conducting the project;\n (B) a succinct statement of--\n (i) the purposes of the project and the \n methodology for implementing the project, \n including an assessment of the status of the \n flagship species that is the subject of the \n project; and\n (ii) how the project will benefit that \n species and other species that reside within \n the same habitat;\n (C) a description of the qualifications of the \n individuals who will conduct the project;\n (D) an estimate of the funds and time required to \n complete the project;\n (E) evidence of support for the project by \n appropriate governmental entities of countries in which \n the project will be conducted, if the Secretary \n determines that such support is required for the \n success of the project;\n (F) information regarding the source and amount of \n matching funds available for the project; and\n (G) any other information that the Secretary \n considers to be necessary for evaluating the \n eligibility of the project for funding under this Act.\n (c) Project Review and Approval.--\n (1) In general.--The Secretary shall--\n (A) not later than 30 days after receiving a \n project proposal, provide a copy of the proposal to \n other Federal officials, as appropriate; and\n (B) review each project proposal in a timely manner \n to determine whether the proposal meets the criteria \n specified in subsection (d).\n (2) Consultation; approval or disapproval.--Not later than \n 180 days after receiving a project proposal, and subject to the \n availability of funds, the Secretary, after consulting with \n other Federal officials, as appropriate, shall--\n (A) consult on the proposal with the government of \n each country in which the project is to be conducted;\n (B) after taking into consideration any comments \n resulting from the consultation, approve or disapprove \n the project proposal; and\n (C) provide written notification of the approval or \n disapproval to the person that submitted the project \n proposal, other Federal officials, and each country \n described in subparagraph (A).\n (d) Criteria for Approval.--The Secretary may approve a project \nproposal under this section if the project will help recover and \nsustain viable populations of flagship species in the wild by assisting \nefforts in foreign countries to implement flagship species conservation \nprograms.\n (e) Project Sustainability.--To the maximum extent practicable, in \ndetermining whether to approve project proposals under this section, \nthe Secretary shall give preference to conservation projects that are \ndesigned to ensure effective, long-term conservation of flagship \nspecies and their nesting habitats.\n (f) Matching Funds.--In determining whether to approve project \nproposals under this section, the Secretary shall give preference to \nprojects for which matching funds are available.\n (g) Project Reporting.--\n (1) In general.--Each person that receives assistance under \n this section for a project shall submit to the Secretary \n periodic reports (at such intervals as the Secretary may \n require) that include all information that the Secretary, after \n consultation with other government officials, determines is \n necessary to evaluate the progress and success of the project \n for the purposes of ensuring positive results, assessing \n problems, and fostering improvements.\n (2) Availability to the public.--Reports under paragraph \n (1), and any other documents relating to projects for which \n financial assistance is provided under this Act, shall be made \n available to the public.\n\nSEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.\n\n (a) Establishment.--There is established in the Multinational \nSpecies Conservation Fund a separate account to be known as the \n``Flagship Species Conservation Fund'', consisting of--\n (1) amounts transferred to the Secretary of the Treasury \n for deposit into the Fund under subsection (e);\n (2) amounts appropriated to the Fund under section 6; and\n (3) any interest earned on investment of amounts in the \n Fund under subsection (c).\n (b) Expenditures From Fund.--\n (1) In general.--Subject to paragraph (2), on request by \n the Secretary, the Secretary of the Treasury shall transfer \n from the Fund to the Secretary, without further appropriation, \n such amounts as the Secretary determines are necessary to carry \n out section 4.\n (2) Administrative expenses.--Of the amounts in the account \n available for each fiscal year, the Secretary may expend not \n more than 3 percent, or up to $80,000, whichever is greater, to \n pay the administrative expenses necessary to carry out this \n Act.\n (c) Investment of Amounts.--\n (1) In general.--The Secretary of the Treasury shall invest \n such portion of the Fund as is not, in the judgment of the \n Secretary of the Treasury, required to meet current \n withdrawals. Investments may be made only in interest-bearing \n obligations of the United States.\n (2) Acquisition of obligations.--For the purpose of \n investments under paragraph (1), obligations may be acquired--\n (A) on original issue at the issue price; or\n (B) by purchase of outstanding obligations at the \n market price.\n (3) Sale of obligations.--Any obligation acquired by the \n Fund may be sold by the Secretary of the Treasury at the market \n price.\n (4) Credits to fund.--The interest on, and the proceeds \n from the sale or redemption of, any obligations held in the \n Fund shall be credited to and form a part of the Fund.\n (d) Transfers of Amounts.--\n (1) In general.--The amounts required to be transferred to \n the Fund under this section shall be transferred at least \n monthly from the general fund of the Treasury to the Fund on \n the basis of estimates made by the Secretary of the Treasury.\n (2) Adjustments.--Proper adjustment shall be made in \n amounts subsequently transferred to the extent prior estimates \n were in excess of or less than the amounts required to be \n transferred.\n (e) Acceptance and Use of Donations.--The Secretary may accept and \nuse donations to provide assistance under section 4. Amounts received \nby the Secretary in the form of donations shall be transferred to the \nSecretary of the Treasury for deposit in the Fund.\n\nSEC. 6. ADVISORY GROUP.\n\n (a) In General.--To assist in carrying out this Act, the Secretary \nmay convene an advisory group consisting of individuals representing \npublic and private organizations actively involved in the conservation \nof flagship species.\n (b) Public Participation.--\n (1) Meetings.--The Advisory Group shall--\n (A) ensure that each meeting of the advisory group \n is open to the public; and\n (B) provide, at each meeting, an opportunity for \n interested persons to present oral or written \n statements concerning items on the agenda.\n (2) Notice.--The Secretary shall provide to the public \n timely notice of each meeting of the advisory group.\n (3) Minutes.--Minutes of each meeting of the advisory group \n shall be kept by the Secretary and shall be made available to \n the public.\n (c) Exemption From Federal Advisory Committee Act.--The Federal \nAdvisory Committee Act (5 U.S.C. App.) shall not apply to the advisory \ngroup.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Fund $10,000,000 for \neach of fiscal years 2005 through 2007.\n\nSEC. 8. REPORT TO CONGRESS.\n\n Not later than October 1, 2005, the Secretary shall submit to the \nCongress a report on the results and effectiveness of the program \ncarried out under this Act, including--\n (1) recommendations concerning how this Act might be \n improved, including guidelines for determining species that are \n flagship species; and\n (2) recommendations concerning whether the Fund should be \n continued in the future.","summary":"Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act. Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects. Authorizes the Secretary to convene an advisory group to assist in carrying out this Act.","title":"To assist in the conservation of flagship species throughout the world.","text_len":15111,"sum_len":895} {"bill_id":"109_hr6218","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bay Area Regional Water Recycling \nProgram Projects Authorization Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Feasible.--The term ``feasible'' means a project for \n which--\n (A) the planning and environmental studies, \n together with supporting materials and documentation, \n have been prepared consistent with Bureau of \n Reclamation procedures for projects under consideration \n for financial assistance under the Reclamation \n Wastewater and Groundwater Study and Facilities Act \n (title XVI of Public Law 102-575, as amended, and \n section 103(d)(3)(F) of the Water Supply, Reliability, \n and Environmental Improvement Act (Public Law 108-361); \n and\n (B) the planning and environmental studies, \n together with supporting materials and documentation, \n demonstrate that the project meets the requirements of \n section 1604 of the Reclamation Wastewater and \n Groundwater Study and Facilities Act (title XVI of \n Public Law 102-575), as amended.\n (2) Financially capable project sponsor.--The term \n ``financially capable project sponsor'' means a non-Federal \n project sponsor that is capable of providing--\n (A) the non-Federal share of the project costs; and\n (B) 100 percent of the operations and maintenance \n costs of the project.\n (3) Non-federal project sponsor.--The term ``non-Federal \n project sponsor'' means a State, regional, or local authority \n or other qualifying entity, such as a water conservation \n district, water conservancy district, or rural water district \n or association.\n (4) Technically and financially viable project.--The term \n ``technically and financially viable project'' means a project \n that--\n (A) is a technically viable project; and\n (B) has a financially capable project sponsor.\n (5) Technically viable project.--The term ``technically \n viable project'' means a project that--\n (A) meets generally acceptable engineering, public \n health, and environmental standards; and\n (B) has obtained or is expected to obtain approval \n of all Federal, State, and local permits necessary for \n implementation of the project.\n\nSEC. 3. BAY AREA REGIONAL WATER RECYCLING PROGRAM PROJECTS.\n\n (a) Feasible and Viable.--The Bay Area Regional Water Recycling \nProgram projects described in the amendments made by section 4(a) are \nhereby--\n (1) determined to be feasible and eligible for financial \n assistance under the Reclamation Wastewater and Groundwater \n Study and Facilities Act (Public Law 102-575, title XVI; 43 \n U.S.C. 390h et seq.); and\n (2) confirmed as technically and financially viable \n projects.\n (b) Statutory Construction.--Nothing in this section shall be \nconstrued to affect the applicability of the National Environmental \nPolicy Act of 1969, or any other Federal or State law, with regard to \nthe Bay Area Regional Water Recycling Program projects described in the \namendments made by section 4(a).\n\nSEC. 4. PROJECT AUTHORIZATIONS.\n\n (a) In General.--The Reclamation Wastewater and Groundwater Study \nand Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et \nseq.) is amended by adding at the end the following:\n\n``SEC. 16XX. CITY OF PALO ALTO WATER REUSE PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Palo Alto, California, is authorized to participate in the design, \nplanning, and construction of recycled water distribution systems.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.\n\n``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Pittsburg, California, and the Delta Diablo Sanitation District, is \nauthorized to participate in the design, planning, and construction of \nrecycled water system facilities.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $1,300,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.\n\n``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Antioch, California, and the Delta Diablo Sanitation District, is \nauthorized to participate in the design, planning, and construction of \nrecycled water system facilities.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $2,250,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.\n\n``SEC. 16XX. PACIFICA RECYCLED WATER PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Pacifica, California, and the North Coast County Water District, is \nauthorized to participate in the design, planning, and construction of \nrecycled water system facilities.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $1,400,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.\n\n``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Redwood City, California, is authorized to participate in the \ndesign, planning, and construction of recycled water system facilities.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $1,100,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.\n\n``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Gilroy, California, and the Santa Clara Valley Water District, is \nauthorized to participate in the design, planning, and construction of \nrecycled water system distribution facilities.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $7,000,000.\n ``(e) Sunset.--The authority of the Secretary to carry out any \nprovisions of this section shall terminate 10 years after the date of \nthe enactment of this section.''.\n (b) Conforming Amendments.--The table of sections in section 2 of \nPublic Law 102-575 is amended by inserting after the item relating to \nsection 16xx the following:\n\n``Sec. 16xx. Palo Alto Water Reuse Project.\n``Sec. 16xx. Pittsburg Recycled Water Project.\n``Sec. 16xx. Antioch Recycled Water Project.\n``Sec. 16xx. Pacifica Recycled Water Project.\n``Sec. 16xx. Redwood City Recycled Water Project.\n``Sec. 16xx. South Santa Clara County Recycled Water Project.''.","summary":"Bay Area Regional Water Recycling Program Projects Authorization Act of 2006 - Deems the Bay Area Regional Water Recycling Program projects authorized by this Act to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act. Confirms such projects as technically and financially viable. Authorizes the Secretary of the Interior to participate in the design, planning, and construction of recycled water distribution systems or recycled water system facilities in cooperation with: (1) Palo Alto, California, (2) Pittsburg, California, and the Delta Diablo Sanitation District, (3) Antioch, California, and the Delta Diablo Sanitation District, (4) Pacifica, California, and the North Coast County Water District, (5) Redwood City, California. And (6) Gilroy, California, and the Santa Clara Valley Water District. Limits the federal share to 25 of each project's cost. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.","title":"To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program projects, and for other purposes.","text_len":9510,"sum_len":1023} {"bill_id":"111_hr3494","text":"SECTION 1. AVAILABILITY OF APPROPRIATED FUNDS FOR INTERNATIONAL \n MILITARY-TO-CIVILIAN AND CIVILIAN-TO-CIVILIAN CONTACT \n ACTIVITIES CONDUCTED BY THE NATIONAL GUARD.\n\n (a) In General.--Chapter 1007 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 10219. International military-civilian contact activities \n conducted by the National Guard: availability of \n appropriated funds to support activities\n ``(a) Availability of Appropriated Funds; Authorized Purposes.--\nFunds appropriated to the Department of Defense shall be available for \nthe payment of costs incurred by the National Guard (including the \ncosts of pay and allowances of members of the National Guard) in \nconducting international military-to-civilian contacts, civilian-to-\ncivilian contacts, and comparable activities for purposes as follows:\n ``(1) To support the objectives of the commander of the \n combatant command for the theater of operations in which such \n contacts and activities are conducted.\n ``(2) To build international civil-military partnerships \n and capacity.\n ``(3) To strengthen cooperation between the departments and \n agencies of the United States Government and agencies of \n foreign governments.\n ``(4) To facilitate intergovernmental collaboration between \n the United States Government and foreign governments.\n ``(5) To facilitate and enhance the exchange of information \n between the United States Government and foreign governments on \n matters relating to defense and security.\n ``(b) Limitations.--(1) Funds shall not be available under \nsubsection (a) for contacts and activities described in that subsection \nthat are conducted in a foreign country unless jointly approved by the \ncommander of the combatant command concerned and the chief of mission \nconcerned.\n ``(2) Funds shall not be available under subsection (a) for the \nparticipation of a member of the National Guard in contacts and \nactivities described in that subsection in a foreign country unless the \nmember is on active duty in the Armed Forces at the time of such \nparticipation.\n ``(c) Reimbursement.--In the event of the participation of \npersonnel of a department or agency of the United States Government \n(other than the Department of Defense) in contacts and activities for \nwhich payment is made under subsection (a), the head of such department \nor agency shall reimburse the Secretary of Defense for the costs \nassociated with the participation of such personnel in such contacts \nand activities. Amounts reimbursed the Department of Defense under this \nsubsection shall be deposited in the appropriation or account from \nwhich amounts for the payment concerned were derived. Any amounts so \ndeposited shall be merged with amounts in such appropriation or \naccount, and shall be available for the same purposes, and subject to \nthe same conditions and limitations, as amounts in such appropriation \nor account.\n ``(d) Definitions.--In this section:\n ``(1) The term `military-to-civilian contacts' means the \n following:\n ``(A) Contacts between members of the Armed Forces \n and foreign civilian personnel.\n ``(B) Contacts between members of foreign Armed \n Forces and United States civilian personnel.\n ``(2) The term `civilian-to-civilian contacts' means \n contacts between United States civilian personnel and foreign \n civilian personnel.\n ``(3) The term `United States civilian personnel' means the \n following:\n ``(A) Personnel of the United States Government \n (including personnel of departments and agencies of the \n United States Government other than the Department of \n Defense) and personnel of State and local governments \n of the United States.\n ``(B) Members and employees of the legislative \n branch, and non-governmental individuals, if the \n participation of such individuals in contacts and \n activities described in subsection (a)--\n ``(i) contributes to responsible management \n of defense resources;\n ``(ii) fosters greater respect for and \n understanding of the principle of civilian \n control of the military;\n ``(iii) contributes to cooperation between \n foreign military and civilian government \n agencies and United States military and \n civilian governmental agencies; or\n ``(iv) improves international partnerships \n and capacity on matters relating to defense and \n security.\n ``(4) The term `foreign civilian personnel' means the \n following:\n ``(A) Civilian personnel of foreign governments at \n any level (including personnel of ministries other than \n ministries of defense).\n ``(B) Non-governmental individuals of foreign \n countries, if the participation of such individuals in \n contacts and activities described in subsection (a) \n will further the achievement of any matter set forth in \n clauses (i) through (iv) of paragraph (3)(B).''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``10219. International military-civilian contact activities conducted \n by the National Guard: availability of \n appropriated funds to support \n activities.''.","summary":"Makes funds appropriated to the Department of Defense (DOD) available for costs incurred by the National Guard in conducting international military-to-civilian contacts, civilian-to-civilian contacts, and comparable activities in order to: (1) support objectives of the commander of the combatant command for the theater of operations in which the contacts occur, (2) build international civil-military partnerships and capacity, (3) strengthen cooperation between US and foreign departments and agencies. (4) facilitate intergovernmental collaboration between the US government and foreign governments. And (5) facilitate the exchange of information between the US government and foreign governments on matters relating to defense and security.","title":"To amend title 10, United States Code, to authorize the availability of appropriated funds for international partnership contact activities conducted by the National Guard, and for other purposes.","text_len":6080,"sum_len":745} {"bill_id":"108_s2760","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Safety Officers' Defense \nAct''.\n\nSEC. 2. SUBSTANTIVE LIMITS.\n\n Section 2254 of title 28, United States Code, is amended by adding \nat the end the following:\n ``(j) Crimes Against Public Safety Officer.--\n ``(1) Definition of public safety officer.--In this \n subsection, the term `public safety officer' has the meaning \n given such term in section 1204 of the Omnibus Crime Control \n and Safe Streets Act of 1968 (42 U.S.C. 3796b).\n ``(2) In general.--A court, justice, or judge shall not \n have jurisdiction to consider any claim relating to the \n judgment or sentence in an application described under \n paragraph (3), unless the applicant shows that the claim \n qualifies for consideration on the grounds described in \n subsection (e)(2). Any such application that is presented to a \n court, justice, or judge other than a district court shall be \n transferred to the appropriate district court for consideration \n or dismissal in conformity with this subsection, except that a \n court of appeals panel must authorize any second or successive \n application in conformity with section 2244 prior to any \n consideration by the district court.\n ``(3) Application of subsection.--This subsection shall \n apply to an application for a writ of habeas corpus on behalf \n of a person in custody pursuant to the judgment of a State \n court for a crime that involved the killing of a public safety \n officer while the public safety officer was engaged in the \n performance of official duties, or on account of the public \n safety officer's performance of official duties.''.\n\nSEC. 3. TIME LIMITS.\n\n Section 2254(j) of title 28, United States Code, as added by \nsection 2 of this Act, is further amended by adding at the end the \nfollowing:\n ``(4) Time limits in district court.--For any application \n described under paragraph (3), in the district court the \n following shall apply:\n ``(A) Any motion by either party for an evidentiary \n hearing shall be filed and served not later than 90 \n days after the State files its answer or, if no timely \n answer is filed, the date on which such answer is due.\n ``(B) Any motion for an evidentiary hearing shall \n be granted or denied not later than 30 days after the \n date on which the party opposing such motion files a \n pleading in opposition to such motion or, if no timely \n pleading in opposition is filed, the date on which such \n pleading in opposition is due.\n ``(C) Any evidentiary hearing shall be--\n ``(i) convened not less than 60 days after \n the order granting such hearing; and\n ``(ii) completed not more than 150 days \n after the order granting such hearing.\n ``(D) A district court shall enter a final order, \n granting or denying the application for a writ of \n habeas corpus, not later than 15 months after the date \n on which the State files its answer or, if no timely \n answer is filed, the date on which such answer is due, \n or not later than 60 days after the case is submitted \n for decision, whichever is earlier.\n ``(E) If the district court fails to comply with \n the requirements of this paragraph, the State may \n petition the court of appeals for a writ of mandamus to \n enforce the requirements. The court of appeals shall \n grant or deny the petition for a writ of mandamus not \n later than 30 days after such petition is filed with \n the court.\n ``(5) Time limits in court of appeals.--For any application \n described under paragraph (3), in the court of appeals the \n following shall apply:\n ``(A) A timely filed notice of appeal from an order \n issuing a writ of habeas corpus shall operate as a stay \n of that order pending final disposition of the appeal.\n ``(B) The court of appeals shall decide the appeal \n from an order granting or denying a writ of habeas \n corpus--\n ``(i) not later than 120 days after the \n date on which the brief of the appellee is \n filed or, if no timely brief is filed, the date \n on which such brief is due; or\n ``(ii) if a cross-appeal is filed, not \n later than 120 days after the date on which the \n appellant files a brief in response to the \n issues presented by the cross-appeal or, if no \n timely brief is filed, the date on which such \n brief is due.\n ``(C)(i) Following a decision by a panel of the \n court of appeals under subparagraph (B), a petition for \n panel rehearing is not allowed, but rehearing by the \n court of appeals en banc may be requested. The court of \n appeals shall decide whether to grant a petition for \n rehearing en banc not later than 30 days after the date \n on which the petition is filed, unless a response is \n required, in which case the court shall decide whether \n to grant the petition not later than 30 days after the \n date on which the response is filed or, if no timely \n response is filed, the date on which the response is \n due.\n ``(ii) If rehearing en banc is granted, the court \n of appeals shall make a final determination of the \n appeal not later than 120 days after the date on which \n the order granting rehearing en banc is entered.\n ``(D) If the court of appeals fails to comply with \n the requirements of this paragraph, the State may \n petition the Supreme Court or a justice thereof for a \n writ of mandamus to enforce the requirements.\n ``(6) Application of time limits.--\n ``(A) In general.--The time limitations under \n paragraphs (4) and (5) shall apply to an initial \n application described under paragraph (3), any second \n or successive application described under paragraph \n (3), and any redetermination of an application \n described under paragraph (3) or related appeal \n following a remand by the court of appeals or the \n Supreme Court for further proceedings.\n ``(B) Remand in district court.--In proceedings \n following remand in the district court, time limits \n running from the time the State files its answer under \n paragraph (4) shall run from the date the remand is \n ordered if further briefing is not required in the \n district court. If there is further briefing following \n remand in the district court, such time limits shall \n run from the date on which a responsive brief is filed \n or, if no timely responsive brief is filed, the date on \n which such brief is due.\n ``(C) Remand in court of appeals.--In proceedings \n following remand in the court of appeals, the time \n limit specified in paragraph (5)(B) shall run from the \n date the remand is ordered if further briefing is not \n required in the court of appeals. If there is further \n briefing in the court of appeals, the time limit \n specified in paragraph (5)(B) shall run from the date \n on which a responsive brief is filed or, if no timely \n responsive brief is filed, from the date on which such \n brief is due.\n ``(7) Failure to comply.--The failure of a court to meet or \n comply with a time limitation under this subsection shall not \n be a ground for granting relief from a judgment of conviction \n or sentence, nor shall the time limitations under this \n subsection be construed to entitle a capital applicant to a \n stay of execution, to which the applicant would otherwise not \n be entitled, for the purpose of litigating any application or \n appeal.''.\n\nSEC. 4. APPLICATION TO PENDING CASES.\n\n (a) In General.--The amendments made by this Act shall apply to \ncases pending on or after the date of enactment of this Act.\n (b) Time Limits.--In a case pending on the date of enactment of \nthis Act, if the amendments made by this Act provide that a time limit \nruns from an event or time that has occurred prior to such date of \nenactment, the time limit shall run instead from such date of \nenactment.","summary":"Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court. And (2) the court of appeals . Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.","title":"A bill to limit and expedite Federal collateral review of convictions for killing a public safety officer.","text_len":9522,"sum_len":1107} {"bill_id":"110_s2798","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global Autism Assistance Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) In February 2007, the Centers for Disease Control and \n Prevention released data indicating that--\n (A) the occurrence of autism spectrum disorders \n (ASD) increased between 1996 and 2006 from an estimated \n 1 in 500 to an estimated 1 in 150; and\n (B) the behaviors of children who were classified \n as suffering from ASD were consistent with the DSM-IV-\n TR criteria for Autistic Disorder, Asperger's Disorder, \n and Pervasive Developmental Disorder--Not Otherwise \n Specified.\n (2) Autism is a complex neurological disorder that affects \n individuals in the areas of social interaction and \n communication. Because autism is a spectrum disorder, it \n affects each individual differently and to varying degrees of \n severity.\n (3) People afflicted with autism process and respond to \n information in unique ways. In some cases, coexisting medical \n issues may be present and aggressive or self-injurious behavior \n may occur.\n (4) The increased number of children diagnosed with autism \n is a growing and urgent concern for families, healthcare \n professionals, and educators. Health and education systems \n struggle to respond to the needs of the autistic population in \n a comprehensive manner.\n (5) The prevalence of autism in developing countries is \n growing rapidly. Health and education systems in these \n countries are particularly ill-equipped to deal with the issues \n surrounding this growth. According to expert estimates, there \n are approximately 2,500,000 people with an autism spectrum \n disorder in China and approximately 2,000,000 with such \n disorder in India. Although reliable statistics are difficult \n to come by, a large number of these people are believed to be \n children.\n (6) Children with autism who receive intensive and \n appropriate educational services before 5 years of age often \n make significant functional improvements. In the United States, \n significant efforts are being pursued to expand early diagnosis \n and the provision of these services.\n (7) In a November 2007 report on the identification, \n evaluation, and management of children with autism, the \n American Academy of Pediatrics recommended that all children \n should be screened twice for autism before 2 years of age, even \n if the children have no recognizable symptoms.\n (8) Early screening and services for autism are sorely \n lacking in most of the developing world. United States \n expertise could be used to significantly aid children and \n families in developing countries for relatively small costs.\n\nSEC. 3. AUTISM DEFINED.\n\n In this Act, the term ``autism'' means all conditions consistent \nwith the autism spectrum disorders described in section 2(1).\n\nSEC. 4. GLOBAL AUTISM ASSISTANCE PROGRAM.\n\n (a) Establishment and Purpose.--The Administrator, United States \nAgency for International Development (referred to in this section as \nthe ``Administrator'') shall establish and administer a health and \neducation grant program, to be known as the ``Global Autism Assistance \nProgram'', to--\n (1) support activities described in subsection (c)(2) by \n nongovernmental organizations and other service providers, \n including advocacy groups, focused on treating autism in \n developing countries; and\n (2) establish the ``teach the teachers'' program described \n in subsection (d) to train health and education professionals \n working with children with autism in developing countries.\n (b) Designation of Eligible Regions.--Not later than 120 days after \nthe date of the enactment of this Act, the Administrator, in \nconsultation with knowledgeable autism organizations, such as the World \nAutism Organization, the Autism Society of America, and Autism Speaks, \nshall designate not fewer than 2 regions in developing countries that \nthe Administrator determines--\n (1) require assistance in dealing with autism; and\n (2) have health and education professionals who are \n sufficiently familiar with issues related to autism to make \n effective use of the Global Autism Assistance Program.\n (c) Selection of Implementing Nongovernmental Organization.--\n (1) In general.--Not later than 180 days after the \n designation of eligible regions under subsection (b), the \n Administrator shall select and provide funding to a \n nongovernmental organization with experience in autism-related \n issues to implement the Global Autism Assistance Program by \n awarding grants to local service providers and advocacy groups \n focused on autism.\n (2) Support and assistance.--The implementing \n nongovernmental organization selected under paragraph (1) shall \n provide, contract for, and coordinate technical assistance in \n support of its mission in meeting the goals and purposes of \n this Act.\n (3) Activities.--A local service provider or advocacy group \n shall use grant funds received under paragraph (1) to carry out \n any of the following activities:\n (A) Education and outreach to the public.--Use \n public service announcements and other public media to \n help the public become more aware of the signs of \n autism so that children with autism can be diagnosed \n and treated earlier.\n (B) Support to families.--Develop resources for \n families, such as online Internet resource centers in \n local languages. Disseminate materials to parents of \n newly diagnosed children, such as information contained \n in the Centers for Disease Control and Prevention's \n publication entitled ``Learn the Signs, Act Early'' and \n other suitable alternatives. Disseminate educational \n aids and guides to help parents with their children's \n development.\n (C) Support to educational institutions.--Provide \n funding for schools or other educational institutions, \n focusing on teachers of the youngest students. \n Distribute equipment or materials referred to in \n subparagraph (B).\n (D) Support to clinics and medical centers.--\n Provide funding to clinics and medical centers with \n proven records in addressing autism to assist with \n operating expenses, including personnel, equipment \n supplies, and facilities. Develop assessment testing \n for autism. Acquire specialized equipment, such as \n augmentative communication devices.\n (E) Translation.--Translate relevant English-\n language publications into the local languages spoken \n in the eligible regions designated pursuant to \n subsection (b).\n (4) Applications for grants.--\n (A) Submission of applications.--A local service \n provider or advocacy group desiring a grant under this \n subsection shall submit an application to the \n implementing nongovernmental organization at such time, \n in such manner, and containing such information as such \n organization may require.\n (B) Establishment of screening board.--\n (i) In general.--The implementing \n nongovernmental organization selected under \n paragraph (1) shall establish a screening \n board, to be known as the ``Project Advisory \n Board'', to review and evaluate applications \n from local service providers or advocacy groups \n submitted under subparagraph (A).\n (ii) Membership.--\n (I) Appointment of voting \n members.--The implementing \n nongovernmental organization, in \n consultation with the Administrator, \n shall appoint at least 7 voting members \n of the Project Advisory Board who are \n members of autism advocacy groups, \n professionals working with autism, or \n otherwise associated with the autism \n community, including--\n (aa) at least 2 parents \n from different families of \n individuals with autism;\n (bb) at least 1 medical \n professional working with \n autism;\n (cc) at least 1 teacher of \n individuals with autism; and\n (dd) at least 1 individual \n who has autism.\n (II) Terms.--Each member appointed \n under subclause (I)--\n (aa) shall serve for a term \n of 1 year;\n (bb) may serve up to 3 \n consecutive terms; and\n (cc) may continue to serve \n after the expiration of the \n term of such member until such \n time as a successor is \n appointed.\n (III) Selection criteria.--In \n appointing members to the Project \n Advisory Board under subclause (I), the \n implementing nongovernmental \n organization shall attempt to--\n (aa) ensure objectivity and \n balance;\n (bb) reduce the potential \n for conflicts of interest; and\n (cc) include individuals \n with experience working in the \n developing world.\n (IV) Appointment of non-voting \n members.--The Administrator shall \n appoint as many non-voting members to \n the Project Advisory Board as the \n Administrator determines appropriate.\n (d) Teach the Teachers.--\n (1) In general.--The implementing nongovernmental \n organization, acting on behalf of the Administrator and in \n consultation with the Project Advisory Board, shall establish a \n program, to be known as the ``Teach the Teachers Program'', \n to--\n (A) identify health and education professionals to \n receive specialized training for teaching and working \n with youth with autism, including training conducted in \n 2- or 3-day workshops at locations within 1 of the 2 \n regions designated pursuant to subsection (b); and\n (B) conduct training through 2- or 3-day biomedical \n conferences in the 2 regions designated pursuant to \n subsection (b), including--\n (i) bringing medical and psychological \n specialists from the United States to train and \n educate parents and health professionals who \n deal with autism;\n (ii) training related to biomedical \n interventions that can affect autism;\n (iii) training on how nutrition and various \n metabolic issues can impact behavior;\n (iv) training on the role of applied \n behavioral analysis; and\n (v) various occupational and speech \n therapies in fighting autism.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section--\n (1) $3,000,000 for fiscal year 2009;\n (2) $3,000,000 for fiscal year 2010; and\n (3) $4,000,000 for fiscal year 2011.","summary":"Global Autism Assistance Act of 2008 - Directs the Administrator for the United States Agency for International Development (USAID) to establish and administer a health and education grant program to: (1) support activities by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries. And (2) establish a teach the teachers program to train health and education professionals working with autistic children in developing countries.","title":"A bill to establish a health and education grant program related to autism spectrum disorders, and for other purposes.","text_len":13649,"sum_len":502} {"bill_id":"109_hr5795","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unintended Pregnancy Reduction Act \nof 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Rates of unintended pregnancy in the United States \n increased by nearly 30 percent among low-income women between \n 1994 and 2002, and a low-income woman today is 4 times as \n likely to have an unintended pregnancy as her higher income \n counterpart.\n (2) Abortion rates decreased among higher income women but \n increased among low income women between 1994 and 2002, and a \n low income woman is more than 4 times as likely to have an \n abortion as her higher income counterpart.\n (3) Contraceptive use reduces a woman's probability of \n having an abortion by 85 percent.\n (4) Levels of contraceptive use among low-income women at \n risk of unintended pregnancy declined significantly between \n 1994 and 2002, from 92 percent to 86 percent.\n (5) Publicly funded contraceptive services have been shown \n to prevent 1,300,000 unintended pregnancies each year, and in \n the absence of these services the United States abortion rate \n would likely be 40 percent higher than it is.\n (6) By helping couples avoid unintended pregnancy, \n Medicaid-funded contraceptive services are highly cost-\n effective, and every public dollar spent on family planning \n saves $3 in the cost of pregnancy-related care alone.\n (7) Federal law requires State Medicaid programs to cover \n pregnancy-related care for women with incomes up to 133 percent \n of poverty, and 17 States have expanded this coverage to women \n with incomes up to 200 percent of poverty.\n (8) 18 States have expanded Medicaid coverage for family \n planning services to the same level at which they provide \n Medicaid funded pregnancy-related care.\n (9) Equalizing the eligibility levels for family planning \n and pregnancy-related care nationwide would maximize the cost-\n savings to both the Federal and State Governments.\n (10) A woman should have equal access to contraceptive \n services to help prevent an unintended pregnancy and to \n pregnancy-related care if she does become pregnant.\n\nSEC. 3. CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES AND \n SUPPLIES.\n\n Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)) \nis amended by adding at the end the following:\n ``(5) Coverage of family planning services and supplies.--\n Notwithstanding the previous provisions of this section, a \n State may not provide for medical assistance through enrollment \n of an individual with benchmark coverage or benchmark-\n equivalent coverage under this section unless that coverage \n includes family planning services and supplies as described in \n section 1905(a)(4)(C).''.\n\nSEC. 4. EXPANSION OF FAMILY PLANNING SERVICES.\n\n (a) Coverage as Mandatory Categorically Needy Group.--\n (1) In general.--Section 1902(a)(10)(A)(i) of the Social \n Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--\n (A) in subclause (VI), by striking ``or'' at the \n end;\n (B) in subclause (VII), by adding ``or'' at the \n end; and\n (C) by adding at the end the following new \n subclause:\n ``(VIII) who are described in \n subsection (dd) (relating to \n individuals who meet the income \n standards for pregnant women);''.\n (2) Group described.--Section 1902 of the Social Security \n Act (42 U.S.C. 1396a) is amended by adding at the end the \n following new subsection:\n ``(dd)(1) Individuals described in this subsection are individuals \nwho--\n ``(A) meet at least the income eligibility standards \n established under the State plan as of May 1, 2006, for \n pregnant women or such higher income eligibility standard for \n such women as the State may establish; and\n ``(B) are not pregnant.\n ``(2) At the option of a State, individuals described in this \nsubsection may include individuals who are determined to meet the \nincome eligibility standards referred to in paragraph (1)(A) under the \nterms and conditions applicable to making eligibility determinations \nfor medical assistance under this title under a waiver to provide the \nbenefits described in clause (XV) of the matter following subparagraph \n(G) of section 1902(a)(10) granted to the State under section 1115 as \nof May 1, 2006.''.\n (3) Limitation on benefits.--Section 1902(a)(10) of the \n Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the \n matter following subparagraph (G)--\n (A) by striking ``and (XIV)'' and inserting \n ``(XIV)''; and\n (B) by inserting ``, and (XV) the medical \n assistance made available to an individual described in \n subsection (dd) who is eligible for medical assistance \n only because of subparagraph (A)(10)(i)(VIII) shall be \n limited to family planning services and supplies \n described in 1905(a)(4)(C) and, at the State's option, \n medical diagnosis or treatment services that are \n provided in conjunction with a family planning service \n in a family planning setting provided during the period \n in which such an individual is eligible;'' after \n ``cervical cancer''.\n (4) Conforming amendments.--Section 1905(a) of the Social \n Security Act (42 U.S.C. 1396d(a)) is amended in the matter \n preceding paragraph (1)--\n (A) in clause (xii), by striking ``or'' at the end;\n (B) in clause (xii), by adding ``or'' at the end; \n and\n (C) by inserting after clause (xiii) the following:\n ``(xiv) individuals described in section \n 1902(dd),''.\n (b) Presumptive Eligibility.--\n (1) In general.--Title XIX of the Social Security Act (42 \n U.S.C. 1396 et seq.) is amended by inserting after section \n 1920B the following:\n\n ``presumptive eligibility for family planning services\n\n ``Sec. 1920C. (a) State Option.--A State plan approved under \nsection 1902 may provide for making medical assistance available to an \nindividual described in section 1902(dd) (relating to individuals who \nmeet the income eligibility standard for pregnant women in the State) \nduring a presumptive eligibility period. In the case of an individual \ndescribed in section 1902(dd) who is eligible for medical assistance \nonly because of subparagraph (A)(10)(i)(VIII), such medical assistance \nmay be limited to family planning services and supplies described in \n1905(a)(4)(C) and, at the State's option, medical diagnosis or \ntreatment services that are provided in conjunction with a family \nplanning service in a family planning setting provided during the \nperiod in which such an individual is eligible.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Presumptive eligibility period.--The term \n `presumptive eligibility period' means, with respect to an \n individual described in subsection (a), the period that--\n ``(A) begins with the date on which a qualified \n entity determines, on the basis of preliminary \n information, that the individual is described in \n section 1902(dd); and\n ``(B) ends with (and includes) the earlier of--\n ``(i) the day on which a determination is \n made with respect to the eligibility of such \n individual for services under the State plan; \n or\n ``(ii) in the case of such an individual \n who does not file an application by the last \n day of the month following the month during \n which the entity makes the determination \n referred to in subparagraph (A), such last day.\n ``(2) Qualified entity.--\n ``(A) In general.--Subject to subparagraph (B), the \n term `qualified entity' means any entity that--\n ``(i) is eligible for payments under a \n State plan approved under this title; and\n ``(ii) is determined by the State agency to \n be capable of making determinations of the type \n described in paragraph (1)(A).\n ``(B) Regulations.--The Secretary may issue \n regulations further limiting those entities that may \n become qualified entities in order to prevent fraud and \n abuse and for other reasons.\n ``(C) Rule of construction.--Nothing in this \n paragraph shall be construed as preventing a State from \n limiting the classes of entities that may become \n qualified entities, consistent with any limitations \n imposed under subparagraph (B).\n ``(c) Administration.--\n ``(1) In general.--The State agency shall provide qualified \n entities with--\n ``(A) such forms as are necessary for an \n application to be made by an individual described in \n subsection (a) for medical assistance under the State \n plan; and\n ``(B) information on how to assist such individuals \n in completing and filing such forms.\n ``(2) Notification requirements.--A qualified entity that \n determines under subsection (b)(1)(A) that an individual \n described in subsection (a) is presumptively eligible for \n medical assistance under a State plan shall--\n ``(A) notify the State agency of the determination \n within 5 working days after the date on which \n determination is made; and\n ``(B) inform such individual at the time the \n determination is made that an application for medical \n assistance is required to be made by not later than the \n last day of the month following the month during which \n the determination is made.\n ``(3) Application for medical assistance.--In the case of \n an individual described in subsection (a) who is determined by \n a qualified entity to be presumptively eligible for medical \n assistance under a State plan, the individual shall apply for \n medical assistance by not later than the last day of the month \n following the month during which the determination is made.\n ``(d) Payment.--Notwithstanding any other provision of this title, \nmedical assistance that--\n ``(1) is furnished to an individual described in subsection \n (a)--\n ``(A) during a presumptive eligibility period;\n ``(B) by a entity that is eligible for payments \n under the State plan; and\n ``(2) is included in the care and services covered by the \n State plan, shall be treated as medical assistance provided by \n such plan for purposes of clause (4) of the first sentence of \n section 1905(b).''.\n (2) Conforming amendments.--\n (A) Section 1902(a)(47) of the Social Security Act \n (42 U.S.C. 1396a(a)(47)) is amended by inserting before \n the semicolon at the end the following: ``and provide \n for making medical assistance available to individuals \n described in subsection (a) of section 1920C during a \n presumptive eligibility period in accordance with such \n section.''.\n (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. \n 1396b(u)(1)(D)(v)) is amended--\n (i) by striking ``or for'' and inserting \n ``, for''; and\n (ii) by inserting before the period the \n following: ``, or for medical assistance \n provided to an individual described in \n subsection (a) of section 1920C during a \n presumptive eligibility period under such \n section''.\n\nSEC. 5. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in paragraph (2), the \namendments made by this Act take effect on October 1, 2006.\n (b) Extension of Effective Date for State Law Amendment.--In the \ncase of a State plan under title XIX of the Social Security Act (42 \nU.S.C. 1396 et seq.) which the Secretary of Health and Human Services \ndetermines requires State legislation in order for the plan to meet the \nadditional requirements imposed by the amendments made by this Act, the \nState plan shall not be regarded as failing to comply with the \nrequirements of such title solely on the basis of its failure to meet \nthese additional requirements before the first day of the first \ncalendar quarter beginning after the close of the first regular session \nof the State legislature that begins after the date of enactment of \nthis Act. For purposes of the previous sentence, in the case of a State \nthat has a 2-year legislative session, each year of the session is \nconsidered to be a separate regular session of the State legislature.","summary":"Unintended Pregnancy Reduction Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to: (1) prohibit a state from providing for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage unless it includes certain family planning services and supplies. (2 ) include women who are not pregnant but who meet certain income eligibility standards in a mandatory categorically needy group for family planning services purposes. And (3) allow a state Medicaid plan to provide for making medical assistance available to such individuals during a presumptive eligibility period.","title":"To amend title XIX of the Social Security Act to expand access to contraceptive services for women and men under the Medicaid Program, help low income women and couples prevent unintended pregnancies and reduce abortion, and for other purposes.","text_len":14148,"sum_len":639} {"bill_id":"111_hr2105","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Personal Health Investment Today Act \nof 2009'' or the ``PHIT Act of 2009''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) almost 20 percent of American children between the ages \n of 2 and 19 are overweight or suffer from obesity;\n (2) 8 of the 9 most expensive illnesses in the United \n States are more common among overweight and obese individuals;\n (3) according to the Centers for Disease Control and \n Prevention, the increase in the number of overweight and obese \n Americans between 1987 and 2001 resulted in a 27 percent \n increase in per capita health care costs;\n (4) the World Health Organization determined that in the \n United States a $1 investment in physical activity alone (in \n time and equipment) would reduce medical expenses by $3.20;\n (5) research indicates that 2 in 5 Americans would become \n more physically active if offered a financial incentive;\n (6) the United States ranks last in the world in reducing \n the number of preventable deaths resulting from obesity-related \n chronic illnesses; and\n (7) engaging in physical activities at young ages when \n children are learning lifelong behaviors can have a significant \n impact on their long-term health.\n (b) Purpose.--The purpose of this Act is to promote health and \nprevent disease, particularly diseases related to being overweight and \nobese, by--\n (1) encouraging healthier lifestyles;\n (2) providing financial incentives to ease the financial \n burden of engaging in healthy behavior; and\n (3) increasing the ability of individuals and families to \n participate in physical fitness activities.\n\nSEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND \n EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.\n\n (a) In General.--Paragraph (1) of section 213(d) of the Internal \nRevenue Code of 1986 is amended by striking ``or'' at the end of \nsubparagraph (C), by striking the period at the end of subparagraph (D) \nand inserting\n``, or'', and by adding at the end the following new subparagraph:\n ``(E) for qualified sports and fitness expenses.''.\n (b) Qualified Sports and Fitness Expenses.--Subsection (d) of \nsection 213 of such Code is amended by adding at the end the following \nparagraph:\n ``(12) Qualified sports and fitness expenses.--\n ``(A) In general.--The term `qualified sports and \n fitness expenses' means amounts paid--\n ``(i) for membership at a fitness center,\n ``(ii) for participation or instruction in \n a program of physical exercise or physical \n activity, and\n ``(iii) for equipment for use in a program \n (including a self-directed program) of physical \n exercise or physical activity.\n ``(B) Overall dollar limitation.--The aggregate \n amount treated as qualified sports and fitness expenses \n with respect to any taxpayer for any taxable year shall \n not exceed $1,000 ($2,000 in the case of a joint return \n or a head of household (as defined in section 2(b))).\n ``(C) Fitness facility defined.--For purposes of \n subparagraph (A)(i), the term `fitness facility' means \n a facility--\n ``(i) providing instruction in a program of \n physical exercise, offering facilities for the \n preservation, maintenance, encouragement, or \n development of physical fitness, or serving as \n the site of such a program of a State or local \n government,\n ``(ii) which is not a private club owned \n and operated by its members,\n ``(iii) which does not offer golf, hunting, \n sailing, or riding facilities,\n ``(iv) whose health or fitness facility is \n not incidental to its overall function and \n purpose, and\n ``(v) which is fully compliant with the \n State of jurisdiction and Federal anti-\n discrimination laws.\n ``(D) Limitations related to sports and fitness \n equipment.--Amounts paid for equipment described in \n subparagraph (A)(iii) shall be treated as a qualified \n sports and fitness expense only--\n ``(i) if such equipment is utilized \n exclusively for participation in fitness, \n exercise, sport, or other physical activity \n programs,\n ``(ii) if such equipment is not apparel or \n footwear, and\n ``(iii) in the case of any item of sports \n equipment (other than exercise equipment), with \n respect to so much of the amount paid for such \n item as does not exceed $250.\n ``(E) Programs which include components other than \n physical exercise and physical activity.--Rules similar \n to the rules of section 213(d)(6) shall apply in the \n case of any program that includes physical exercise or \n physical activity and also other components. For \n purposes of the preceding sentence, travel and \n accommodations shall be treated as an other \n component.''.\n (c) Exception for Health Savings Accounts.--Subparagraph (A) of \nsection 223(d)(2) of such Code is amended by inserting ``, determined \nwithout regard to paragraph (1)(E) thereof'' after ``section 213(d)''.\n (d) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after the date of the enactment of this Act.","summary":"Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 of qualified sports and fitness expenses. Defines qualified sports and fitness expenses as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment.","title":"To amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care.","text_len":6429,"sum_len":346} {"bill_id":"110_s3184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Empowering Teaching and Learning \nThrough Education Portals Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) 21st century skills.--The term ``21st century \n skills''--\n (A) means skills that students need to succeed in \n school, work, and life; and\n (B) includes--\n (i) skills related either to core academic \n subjects or to 21st century themes;\n (ii) learning and innovation skills, such \n as--\n (I) creativity and innovation;\n (II) critical thinking and problem \n solving; or\n (III) communication and \n collaboration; and\n (iii) life and career skills to prepare \n students for the global economy, such as--\n (I) flexibility and adaptability;\n (II) productivity and \n accountability; or\n (III) leadership and \n responsibility.\n (2) Core academic subjects; educational agencies; schools; \n state.--The terms ``core academic subjects'', ``elementary \n school'', ``local educational agency'', ``secondary school'', \n ``State'', and ``State educational agency'' have the meanings \n given the terms in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801).\n (3) Covered educator.--The term ``covered educator'' means \n a teacher, administrator, or other professional staff member, \n at a covered school.\n (4) Covered parent.--The term ``covered parent'' means the \n parent of a covered student.\n (5) Covered school.--The term ``covered school'' means a \n Head Start agency operating a Head Start program, or a public \n school that is a preschool, elementary school, secondary \n school, or institution of higher education (including such an \n institution offering a program leading to a baccalaureate \n degree or a program leading to an advanced degree).\n (6) Covered student.--The term ``covered student'' means a \n student at a covered school.\n (7) Covered teacher.--The term ``covered teacher'' means a \n teacher at a covered school.\n (8) Education technology.--The term ``education \n technology'' means any technology resource that improves the \n learning, training, and engagement of students or helps \n teachers learn, improve their knowledge, and practice.\n (9) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in sections 101 and 102 of the Higher Education Act of \n 1965 (20 U.S.C. 1001, 1002).\n (10) Professional development.--The term ``professional \n development'' means a resource or training that increases a \n teacher's skills, content knowledge, or other information that \n has a positive impact on student learning.\n (11) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 3. GRANTS.\n\n (a) In General.--The Secretary may award grants to eligible States, \nto pay for the Federal share of the cost of implementing and \nmaintaining education portal initiatives.\n (b) Amounts.--The Secretary may award the grants for periods of not \nless than 1 year and not more than 3 years.\n (c) Federal Share.--\n (1) In general.--The Federal share of the cost described in \n subsection (a) shall be 50 percent.\n (2) Non-federal share.--The State may provide the non-\n Federal share of the cost in cash or in kind, fairly evaluated, \n including plant, equipment, or services. The State may provide \n the non-Federal share from State, local, or private sources.\n\nSEC. 4. APPLICATIONS AND AWARDS.\n\n (a) In General.--To be eligible to receive a grant under this \nsection for an initiative, a State shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary may require.\n (b) Contents.--The application shall contain, at a minimum--\n (1) a comprehensive plan for the initiative for which the \n State seeks the grant, including evidence that the initiative \n meets the requirements of subsections (a) and (c) of section 5;\n (2) information describing how the State will provide the \n non-Federal share of the cost described in section 3(a), and \n will continue to provide that share during the implementation \n of the initiative and the remainder of the grant period;\n (3) information describing how the State will meet the \n maintenance of effort requirements in section 6;\n (4) information explaining the protocol the State will use \n to ensure safe and legal access to the education portal;\n (5) an assurance that the State has established or will \n establish an advisory panel, to provide advice on the \n implementation and maintenance of the initiative, including \n representatives of leaders in school districts, leaders at \n institutions of higher education, State educational agencies, \n parents, and teachers; and\n (6) a plan to ensure sufficient statewide bandwidth \n capacity and systems access to implement and maintain the State \n education portal.\n (c) Awards.--In determining the amounts of grants under this Act, \nthe Secretary--\n (1) shall take into consideration the extent to which a \n State has developed and implemented an education portal \n initiative prior to the date of the submission of the \n application involved; but\n (2) shall not penalize States that have made greater \n progress in developing and implementing such initiatives.\n\nSEC. 5. USE OF FUNDS.\n\n (a) Required Uses.--A State that receives a grant under this Act \nfor a fiscal year shall use the funds made available through the grant \nto implement or maintain an education portal initiative that includes--\n (1) collecting and making available--\n (A) high quality resources (including data, tools, \n and digital media content) for covered educators, \n covered students, and covered parents, that support \n teaching, leading, and learning, and are, as \n appropriate, aligned with State education standards; \n and\n (B) information for covered teachers to use in \n assisting covered students to attain skills such as \n 21st century skills; and\n (2) collecting resources for ongoing and sustainable \n professional development for covered educators, related to the \n use of education technology, and making the resources available \n through the implementation of research-based methods and \n strategies for teacher coaching, collaborating, or mentoring.\n (b) Allowable Uses.--The State may use the funds made available \nthrough the grant for such an initiative, for a portal that--\n (1) gives covered educators access to formative assessment \n and other resources to address various student learning styles, \n needs, and achievement levels;\n (2) provides an entry point to other information or \n services, including information on model examples of effective \n classroom practices, subscriptions or data systems, content \n standards, lesson plans, courses of study, engaging interactive \n media, Web resources, e-mail list management software, online \n portfolios, after-school program resources, and other \n educational resources;\n (3) provides access to technology-based curriculum \n resources and tools that promote the teaching and learning of \n 21st century skills;\n (4) enables covered educators to quickly search for lesson \n plans, professional development resources, model examples of \n effective classroom practices, or other resources, by content \n standard, grade level, or topic;\n (5) provides an online support network or community for \n covered educators to collaborate on and discuss teaching, \n learning, curricula, and experiences, and serves as a \n communication tool between covered educators and covered \n parents;\n (6) includes digital media content developed by a \n television public broadcasting entity in coordination with the \n grant recipient; or\n (7) makes available access to 1 or more resource sections \n of the education portal, subject to the protocol described in \n section 4(b)(4), by covered education, covered students, and \n covered parents, from other States (with no requirement for \n State-specific log-ins), so that those covered educators, \n covered students, and covered parents can benefit from \n resources developed in the State, thereby expanding access to \n the national learning community.\n (c) Provision of and Access to Resources.--The covered educators, \ncovered students, and covered parents in the State may provide \nresources and information for the education portal, subject to the \nprotocol described in section 4(b)(4). The resources and information in \nthe education portal shall be accessible statewide by the educators, \nstudents, and parents, subject to the protocol.\n (d) Other Federal Funds.--A State that receives a grant under part \nA of title II of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6601 et seq.) may use funds made available through that grant to \nmaintain (but not implement) the State's education portal initiative \nunder this Act, after the end of the period in which the State receives \nfunding under this Act.\n (e) Conforming Amendment.--Section 2113(a) of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 6613(a)) is amended by \nstriking ``A'' and inserting ``Subject to section 5 of the Empowering \nTeaching and Learning Through Education Portals Act, a''.\n\nSEC. 6. MAINTENANCE OF EFFORT.\n\n (a) In General.--A State that receives a grant under this Act for a \nfiscal year shall maintain the expenditures of the State for education \nportal initiatives at a level not less than the level of such \nexpenditures of the State for the fiscal year preceding the first \nfiscal year for which the State received such a grant.\n (b) Reduction.--If the Secretary determines that a State, during a \nfiscal year, expends less than the sum required to comply with \nsubsection (a), the Secretary shall--\n (1) determine the difference between the required sum and \n the expenditure; and\n (2) reduce the State's grant under this Act for the \n following year by the amount of the difference.\n\nSEC. 7. EVALUATIONS AND CONFERENCE.\n\n (a) Federal Evaluation.--The Secretary shall conduct an evaluation \nof each initiative funded under this Act. The Secretary shall submit a \nreport containing the results of the evaluation to Congress.\n (b) Federal Conference.--Not less often than once every 2 years, \nthe Secretary shall hold a conference for advisory panels described in \nsection 4(b)(5), to share information on best practices relating to \neducation portal initiatives.\n (c) State Evaluations.--Each State that receives a grant under this \nAct shall conduct an evaluation of the initiative funded under the \ngrant, using funds provided as part of the non-Federal share of the \ncosts described in section 3(a). The State shall prepare and submit to \nthe Secretary a report containing the results of the evaluation.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$100,000,000 for each of fiscal years 2009 through 2012, and such sums \nas may be necessary for each of the following 2 fiscal years.\n\nSEC. 9. SPECIAL RULES RELATING TO CORPORATE CHARITABLE CONTRIBUTIONS TO \n EDUCATION PORTAL PROJECTS OF ELIGIBLE STATES.\n\n (a) In General.--Paragraph (2) of Section 170(b) of the Internal \nRevenue Code of 1986 (related to percentage limitations) is amended by \nredesignating subparagraphs (C) and (D), respectively, and by inserting \nafter subparagraph (A) the following new subparagraph:\n ``(B) Special rule for corporate contributions to \n education portal projects of eligible states.--\n ``(i) In general.--In the case of qualified \n education portal project contributions--\n ``(I) subparagraph (A) shall be \n applied separately with respect to such \n contributions and with respect to other \n charitable contributions of the \n taxpayer, and\n ``(II) in applying subparagraph (A) \n to such qualified education portal \n project contributions, subparagraph (A) \n shall be applied by substituting `50 \n percent' for `10 percent'.\n ``(ii) Qualified education portal project \n contribution.--For purposes of this paragraph, \n the term `qualified education portal project \n contribution' means a charitable contribution \n in cash--\n ``(I) to a State (as defined in \n section 2 of the Empowering Teaching \n and Learning Through Education Portals \n Act) which has a grant application \n approved under section 4 of such Act, \n and\n ``(II) for the purpose of paying \n the non-Federal share of the cost of \n implementing and maintaining education \n portal initiatives (within the meaning \n of section 3 of such Act).''.\n (b) Effective Date.--The amendments made by this section shall \napply to contributions made after the date of the enactment of this \nAct.","summary":"Empowering Teaching and Learning Through Education Portals Act - Authorizes the Secretary of Education to award matching grants to states to implement or maintain education portal initiatives that include collecting and making available: (1) high quality resources for teachers, students, and parents, that support public education from Head Start through graduate school. And (2) resources for ongoing and sustainable teacher training in the use of education technology at such educational levels. Allows teachers, students, and parents to contribute resources to their state portal, which is to be accessible statewide. Permits states to use funds available to them under part A of title II of the Elementary and Secondary Education Act of 1965 to maintain such initiatives after their receipt of this Act's funding ends. Requires the Secretary to hold a conference, at least biennially, for state advisory panels on education portal initiatives to share information on best practices. Amends the Internal Revenue Code to: (1) count corporate contributions to such initiatives separately from other corporate contributions in applying charitable contribution deductibility limits. And (2) allow corporate deductions for contributions to such initiatives to reach 50 of a corporation's taxable income.","title":"A bill to make grants to States to implement statewide portal initiatives, and for other purposes.","text_len":15059,"sum_len":1302} {"bill_id":"114_hr4508","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Wage Act''.\n\nSEC. 2. MINIMUM WAGE INCREASES.\n\n (a) Minimum Wage.--\n (1) In general.--Section 6(a)(1) of the Fair Labor \n Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read \n as follows:\n ``(1) except as otherwise provided in this section, not \n less than--\n ``(A) $8.00 an hour, beginning 30 days after the \n date of enactment of the Fair Wage Act or January 1, \n 2017, whichever date is earlier;\n ``(B) $9.00 an hour, beginning 1 year after the \n date the wage specified in subparagraph (A) takes \n effect;\n ``(C) $10.00 an hour, beginning 2 years after such \n date;\n ``(D) $11.00 an hour, beginning 3 years after such \n date;\n ``(E) $12.00 an hour, beginning 4 years after such \n date;\n ``(F) $13.00 an hour, beginning 5 years after such \n date;\n ``(G) $14.00 an hour, beginning 6 years after such \n date;\n ``(H) $15.00 an hour, beginning 7 years after such \n date; and\n ``(I) beginning 8 years after such date, and \n annually thereafter, the amount determined by the \n Secretary pursuant to subsection (h).''.\n (2) Determination based in increase in consumer price \n index.--Section 6 of the Fair Labor Standards Act of 1938 (29 \n U.S.C. 206) is amended by adding at the end the following:\n ``(h)(1) Each year, by not later than the date that is 90 days \nbefore a new minimum wage determined under subsection (a)(1)(I) is to \ntake effect, the Secretary shall determine the minimum wage to be in \neffect pursuant to this subsection for the subsequent 1-year period. \nThe wage determined pursuant to this subsection for a year shall be--\n ``(A) not less than the amount in effect under subsection \n (a)(1) on the date of such determination;\n ``(B) increased from such amount by the annual percentage \n increase in the Consumer Price Index for Urban Wage Earners and \n Clerical Workers (United States city average, all items, not \n seasonally adjusted), or its successor publication, as \n determined by the Bureau of Labor Statistics; and\n ``(C) rounded to the nearest multiple of $0.05.\n ``(2) In calculating the annual percentage increase in the Consumer \nPrice Index for purposes of paragraph (1)(B), the Secretary shall \ncompare such Consumer Price Index for the most recent month, quarter, \nor year available (as selected by the Secretary prior to the first year \nfor which a minimum wage is in effect pursuant to this subsection) with \nthe Consumer Price Index for the same month in the preceding year, the \nsame quarter in the preceding year, or the preceding year, \nrespectively.''.\n (b) Publication of Notice.--Section 6 of the Fair Labor Standards \nAct of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further \namended by adding at the end the following:\n ``(i) Not later than 60 days prior to the effective date of any \nincrease in the minimum wage determined under subsection (h), the \nSecretary shall publish in the Federal Register and on the website of \nthe Department of Labor a notice announcing the adjusted required \nwage.''.\n\nSEC. 3. CREDIT AGAINST EMPLOYMENT TAXES OF CERTAIN EMPLOYERS WHO PAY \n MORE THAN THE FEDERAL MINIMUM WAGE.\n\n (a) In General.--Subchapter B of chapter 21 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new section:\n\n``SEC. 3113. CREDIT FOR CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL \n MINIMUM WAGE.\n\n ``(a) In General.--In the case of a qualified employer, there shall \nbe allowed as a credit against the tax imposed under section 3111 an \namount equal to 6.2 percent of the wages paid by such employer to \nqualified employees during the calendar year.\n ``(b) Qualified Employer.--For purposes of this section, the term \n`qualified employer' means any employer for any calendar year if the \nlowest hourly wage paid by such employer to the lowest paid employee of \nsuch employer (determined on an hourly basis) exceeds the minimum \nhourly wage in effect for such calendar year under section 6(a)(1) of \nthe Fair Labor Standards Act of 1938 by $1 or more per hour.\n ``(c) Qualified Employee.--For purposes of this section, the term \n`qualified employee' means any employee of a qualified employer if--\n ``(1) such employee is compensated in wages on an hourly \n basis, and\n ``(2) such hourly wage is--\n ``(A) not less than $1 more per hour than the \n minimum hourly wage in effect under section 6(a)(1) of \n the Fair Labor Standards Act of 1938,\n ``(B) not more than $15 per hour, and\n ``(C) in the case of any employee employed by such \n employer in any preceding calendar year, greater than \n the highest hourly wage paid by such employer to such \n employee during any such preceding calendar year.\n ``(d) Special Rules.--Wages shall be taken into account in \ndetermining the amount of the credit allowed under subsection (a) only \nif such wages are paid by the employer--\n ``(1) with respect to employment (as defined in section \n 3121(b)), and\n ``(2) in the ordinary course of the employer's trade or \n business.''.\n (b) Trust Funds Held Harmless.--The amount of any transfer, \nappropriation, or credit to any trust fund shall be determined without \nregard to the amendment made by subsection (a).\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to wages paid after the date that is 30 days after the date of \nenactment of this Act or January 1, 2017, whichever date is earlier.","summary":"Fair Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for employees to: $8.00 an hour 30 days after this Act's enactment date or January 1, 2017, whichever date is earlier. $9.00 an hour, one year after the date the $8.00 an hour wage takes effect, $10.00 an hour, after two years, $11.00 an hour, after three years, $12.00 an hour, after four years, $13.00 an hour, after five years, $14.00 an hour, after six years, $15.00 an hour, after seven years. And the amount determined by the Department of Labor eight years after such date and annually thereafter. The bill directs Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on Labor's website. The bill amends the Internal Revenue Code to allow an employer who pays at least $1 more per hour than the federal minimum wage, but not more than $15 per hour, a credit against the employment tax equal to 6.2 of wages paid by such employer during the calendar year.","title":"Fair Wage Act","text_len":6122,"sum_len":1011} {"bill_id":"114_s2193","text":"SECTION 1. SHORT TITLES.\n\n This Act may be cited as the ``Stop Illegal Reentry Act'' or as \n``Kate's Law''.\n\nSEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN.\n\n Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) \nis amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively;\n (2) by striking subsections (a) and (b) and inserting the \n following:\n ``(a) In General.--Subject to subsections (b) and (c), any alien \nwho--\n ``(1) has been denied admission, excluded, deported, or \n removed or has departed the United States while an order of \n exclusion, deportation, or removal is outstanding; and\n ``(2) thereafter enters, attempts to enter, or is at any \n time found in, the United States, unless--\n ``(A) prior to the alien's reembarkation at a place \n outside the United States or the alien's application \n for admission from foreign contiguous territory, the \n Secretary of Homeland Security has expressly consented \n to such alien's reapplying for admission; or\n ``(B) with respect to an alien previously denied \n admission and removed, such alien shall establish that \n the alien was not required to obtain such advance \n consent under this Act or any prior Act;\n shall be fined under title 18, United States Code, or \n imprisoned not more than five years, or both.\n ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--\n ``(1) In general.--Notwithstanding the penalty provided in \n subsection (a), and except as provided in subsection (c), an \n alien described in subsection (a)--\n ``(A) who was convicted before such removal or \n departure of three or more misdemeanors involving \n drugs, crimes against the person, or both, or a felony \n (other than an aggravated felony), shall be fined under \n title 18, United States Code, imprisoned not more than \n 10 years, or both;\n ``(B) who has been excluded from the United States \n pursuant to section 235(c) because the alien was \n excludable under section 212(a)(3)(B) or who has been \n removed from the United States pursuant to the \n provisions of title V, and who thereafter, without the \n permission of the Secretary of Homeland Security, \n enters the United States, or attempts to do so, shall \n be fined under title 18, United States Code, and \n imprisoned for a period of 10 years, which sentence \n shall not run concurrently with any other sentence;\n ``(C) who was removed from the United States \n pursuant to section 241(a)(4)(B) who thereafter, \n without the permission of the Secretary of Homeland \n Security, enters, attempts to enter, or is at any time \n found in, the United States (unless the Secretary of \n Homeland Security has expressly consented to such \n alien's reentry) shall be fined under title 18, United \n States Code, imprisoned for not more than 10 years, or \n both; and\n ``(D) who has been denied admission, excluded, \n deported, or removed 3 or more times and thereafter \n enters, attempts to enter, crosses the border to, \n attempts to cross the border to, or is at any time \n found in the United States, shall be fined under title \n 18, United States Code, imprisoned not more than 10 \n years, or both.\n ``(2) Removal defined.--In this subsection and subsection \n (c), the term `removal' includes any agreement in which an \n alien stipulates to removal during (or not during) a criminal \n trial under either Federal or State law.\n ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain \nRemoved Aliens.--Notwithstanding the penalties provided in subsections \n(a) and (b), an alien described in subsection (a)--\n ``(1) who was convicted before such removal or departure of \n an aggravated felony; or\n ``(2) who was convicted at least two times before such \n removal or departure of illegal reentry under this section;\nshall be imprisoned not less than five years and not more than 20 \nyears, and may, in addition, be fined under title 18, United States \nCode.''; and\n (3) in subsection (d), as redesignated by paragraph (1)--\n (A) by striking ``section 242(h)(2)'' and inserting \n ``section 241(a)(4)''; and\n (B) by striking ``Attorney General'' and inserting \n ``Secretary of Homeland Security''.\n ","summary":"Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed. It establishes: a 10-year maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed on 3 or more prior occasions. And a 5-year mandatory minimum prison term for an alien who reenters after being removed following a conviction for an aggravated felony or following 2 or more prior convictions for illegal reentry.","title":"Kate's Law","text_len":5719,"sum_len":606} {"bill_id":"115_hr3416","text":"SECTION 1. RURAL AND MOUNTAINOUS ADVISORY COUNCIL.\n\n (a) Establishment.--Subject to the availability of appropriations, \nnot later than 6 months after the date of enactment of this Act, the \nSecretary of Transportation shall establish in the National Highway \nTraffic Safety Administration a Rural and Mountainous Advisory Council \n(hereinafter referred to as the ``Council'').\n (b) Membership.--Members of the Council shall include a diverse \ngroup representative of business, academia and independent researchers, \nState and local authorities, safety and consumer advocates, engineers, \nlabor organizations, environmental experts, a representative of the \nNational Highway Traffic Safety Administration, and other members \ndetermined to be appropriate by the Secretary. The Council shall be \ncomposed of not less than 15 and not more than 30 members appointed by \nthe Secretary.\n (c) Terms.--Members of the Council shall be appointed by the \nSecretary of Transportation and shall serve for a term of three years.\n (d) Vacancies.--Any vacancy occurring in the membership of the \nCouncil shall be filled in the same manner as the original appointment \nfor the position being vacated. The vacancy shall not affect the power \nof the remaining members to execute the duties of the Council.\n (e) Duties.--The Council shall undertake information gathering \nactivities, develop technical advice, and present best practices or \nrecommendations to the Secretary regarding the testing and deployment \nof highly automated vehicles and automated driving systems in areas \nthat are rural, remote, mountainous, insular, or unmapped to evaluate \noperational limitations caused by natural geographical or man-made \nfeatures, or adverse weather conditions, and to enhance the safety and \nreliability of highly automated vehicles and automated driving systems \nused in such areas with such features or conditions.\n (f) Report to Congress.--The recommendations of the Council shall \nalso be reported to the Committee on Energy and Commerce of the House \nof Representatives and the Committee on Commerce, Science, and \nTransportation of the Senate.\n (g) Federal Advisory Committee Act.--The establishment and \noperation of the Council shall conform to the requirements of the \nFederal Advisory Committee Act (5 U.S.C. App.).\n (h) Technical Assistance.--On request of the Council, the Secretary \nshall provide such technical assistance to the Council as the Secretary \ndetermines to be necessary to carry out the Council's duties.\n (i) Detail of Federal Employees.--On the request of the Council, \nthe Secretary may detail, with or without reimbursement, any of the \npersonnel of the Department of Transportation to the Council to assist \nthe Council in carrying out its duties. Any detail shall not interrupt \nor otherwise affect the civil service status or privileges of the \nFederal employee.\n (j) Payment and Expenses.--Members of the Council shall serve \nwithout pay, except travel and per diem will be paid each member for \nmeetings called by the Secretary.\n (k) Termination.--The Council shall terminate 6 years after the \ndate of enactment of this Act.\n (l) Definitions.--\n (1) In general.--In this section--\n (A) the term ``automated driving system'' means the \n hardware and software that are collectively capable of \n performing the entire dynamic driving task on a \n sustained basis, regardless of whether such system is \n limited to a specific operational design domain;\n (B) the term ``dynamic driving task'' means all of \n the real time operational and tactical functions \n required to operate a vehicle in on-road traffic, \n excluding the strategic functions such as trip \n scheduling and selection of destinations and waypoints, \n and including--\n (i) lateral vehicle motion control via \n steering;\n (ii) longitudinal vehicle motion control \n via acceleration and deceleration;\n (iii) monitoring the driving environment \n via object and event detection, recognition, \n classification, and response preparation;\n (iv) object and event response execution;\n (v) maneuver planning; and\n (vi) enhancing conspicuity via lighting, \n signaling, and gesturing;\n (C) the term ``highly automated vehicle''--\n (i) means a motor vehicle equipped with an \n automated driving system; and\n (ii) does not include a commercial motor \n vehicle (as defined in section 31101 of title \n 49, United States Code); and\n (D) the term ``operational design domain'' means \n the specific conditions under which a given driving \n automation system or feature thereof is designed to \n function.\n (2) Revisions to certain definitions.--\n (A) If SAE International (or its successor \n organization) revises the definition of any of the \n terms defined in subparagraph (A), (B), or (D) of \n paragraph (1) in Recommended Practice Report J3016, it \n shall notify the Secretary of the revision. The \n Secretary shall publish a notice in the Federal \n Register to inform the public of the new definition \n unless, within 90 days after receiving notice of the \n new definition and after opening a period for public \n comment on the new definition, the Secretary notifies \n SAE International (or its successor organization) that \n the Secretary has determined that the new definition \n does not meet the need for motor vehicle safety, or is \n otherwise inconsistent with the purposes of chapter 301 \n of title 49, United States Code. If the Secretary so \n notifies SAE International (or its successor \n organization), the existing definition in paragraph (1) \n shall remain in effect.\n (B) If the Secretary does not reject a definition \n revised by SAE International (or its successor \n organization) as described in subparagraph (A), the \n Secretary shall promptly make any conforming amendments \n to the regulations and standards of the Secretary that \n are necessary. The revised definition shall apply for \n purposes of this section. The requirements of section \n 553 of title 5, United States Code, shall not apply to \n the making of any such conforming amendments.\n (C) Pursuant to section 553 of title 5, United \n States Code, the Secretary may update any of the \n definitions in subparagraph (A), (B), or (D) of \n paragraph (1) if the Secretary determines that \n materially changed circumstances regarding highly \n automated vehicles have impacted motor vehicle safety \n such that the definitions need to be updated to reflect \n such circumstances.","summary":"This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the testing and deployment of highly automated vehicles and automated driving systems in rural, remote, mountainous, insular, or unmapped areas to evaluate operational limitations caused by natural geographical or man-made features or adverse weather conditions and to enhance the safety and reliability of such vehicles and systems in such areas or conditions. A quot, highly automated vehiclequot. Is defined as a 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.","title":"To establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council to make recommendations regarding the testing and deployment of highly automated vehicles and automated driving systems in areas that are rural, remote, mountainous, insular, or unmapped.","text_len":7663,"sum_len":1041} {"bill_id":"104_hr2829","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) It has been reported that at an internal Central \n Communist Party meeting in 1994, Chinese President Jiang Zemin \n asserted that religion is one of the biggest threats to \n Communist Party rule in China.\n (2) On January 31, 1994, Premier Li Ping signed decrees \n number 144 and 145 which restrict worship, religious education, \n distribution of bibles and other religious literature, and \n contact with foreign coreligionists.\n (3) The Chinese Government has created organizations that \n have as their purpose controlling all religious worship, \n activity, and association in China and supplanting the Roman \n Catholic Church, independent Protestant churches and \n independent Buddhist, Taoist, and Islamic associations.\n (4) In July 1995 Ye Xiaowen, a reputed atheist and rigid \n communist, was appointed to head the Bureau of Religious \n Affairs, an agency controlled by the United Front Work \n Department of the Chinese Government, that has administrative \n control over all religious worship and activity in China \n through an official system of registering or denying rights and \n privileges to religious congregations and leaders.\n (5) In the past year, the Chinese Government has expressed \n great concern over the spread of Christianity and particularly \n over the rapid growth of Christian religious institutions other \n than those controlled by the government, including the Roman \n Catholic Church and the evangelical Christian ``house \n churches''.\n (6) Soon after the establishment of the People's Republic \n of China in 1949, the Chinese Government imprisoned Christians \n who refused to relinquish their faith to become servants of \n Communism, charging them as ``counter-revolutionaries'' and \n sentencing them to 20 years or more in labor camps.\n (7) Hundreds of Chinese Protestants and Catholics are among \n those now imprisoned at ``reeducation through labor'' camps \n because of their religious beliefs.\n (8) The reeducation camps are run by the Ministry of Public \n Security and the Ministry of Justice of the Chinese Government.\n (9) The Chinese Communist Government refuses to permit the \n appointment by the Vatican of Catholic Bishops and ordination \n of priests for China and insists on appointing its own \n ``Catholic bishops''.\n (10) The Tenth Panchen Lama died in January 1989 at Tashi \n Lhunpo Monastery, his traditional spiritual seat in Shigatze, \n Tibet's second largest city.\n (11) The Dalai Lama has the right to recognize the \n successor to the Panchen Lama, and has always done so.\n (12) On May 14, 1995, His Holiness the Dalai Lama announced \n recognition of a 6-year-old boy, Gedhun Choekyi Nyima, as the \n Eleventh Panchen Lama, according to Tibetan tradition.\n (13) The young boy recognized by the Dalai Lama and his \n family have been brought to Beijing by Chinese authorities and \n have not been seen in several months.\n (14) Chatrel Rimpoche, abbot of Tashi Lhunpo Monastery and \n head of the original search committee for the Eleventh Panchen \n Lama, and his assistant, Champa Chung, are believed to have \n been seized and detained by Chinese authorities in May of 1995.\n (15) Chinese Government authorities subsequently detained \n other Tibetan Buddhists in connection with selection of the \n Eleventh Panchen Lama, including Gyatrol Rimpoche, Shepa \n Kelsang, Lhakpa Tsering, and Ringkar Ngawang.\n (16) The Chinese Government convened a conference in \n Beijing of Tibetan Lamas who were forcibly brought to Beijing \n in order to select a rival candidate to the child selected by \nthe Dalai Lama as the Eleventh Panchen Lama.\n (17) On November 29, 1995, Luo Gan, Secretary General of \n the State Council, and Ye Xiaowen, Director of the Bureau of \n Religious Affairs, orchestrated an elaborate ceremony \n designating a 6-year-old boy selected by the Chinese Government \n as the Eleventh Panchen Lama.\n (18) On December 8, 1995, State Councilor Li Tieying \n presided over a ceremony in Shigatze, Tibet, in which the boy \n selected by the Chinese Government as the Eleventh Panchen Lama \n was enthroned.\n (19) By seeking to impose its own candidate as the Eleventh \n Panchen Lama and detaining the 6-year-old boy recognized for \n that position in accordance with Tibetan tradition, the Chinese \n Government is inserting itself into a purely Tibetan religious \n matter, in blatant violation of the fundamental human rights of \n the Tibetan people.\n\nSEC. 2. STATEMENT OF POLICY.\n\n The Department of State should make the release of individuals \nimprisoned or detained on religious grounds a major objective of United \nStates foreign policy with respect to China, and should raise this \nissue in every relevant bilateral and multilateral forum.\n\nSEC. 3. PROHIBITION ON FUNDING BY AGENCIES OF THE UNITED STATES FOR THE \n PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN \n INTERNATIONAL PROGRAMS AND ACTIVITIES.\n\n (a) Restriction.--No funds available to the Department of State, \nthe United States Information Agency, the Agency for International \nDevelopment, or any other agency or entity of the United States \nGovernment may be obligated or expended for the participation of any of \nthe following individuals in any conference, exchange program, or \nactivity relating to education, culture, training, or any other \npurpose, until the President submits the certification described in \nsubsection (b):\n (1) The head of any of the following Chinese Government-\n created and approved organizations:\n (A) The Chinese Buddhist Association.\n (B) The Chinese Catholic Patriotic Association.\n (C) The Chinese Catholic Religious Affairs \n Committee.\n (D) The Chinese Catholic Bishops' Conference.\n (E) The Chinese Protestant ``Three-Self'' Patriotic \n Movement.\n (F) The China Christian Council.\n (G) The Chinese Taoist Association.\n (H) The Chinese Islamic Association.\n (2) Any official or employee of the United Front Work \n Department of the Chinese Government.\n (3) Luo Gan, the Secretary General of the State Council, Li \n Tieying, State Councilor, and any other official or employee of \n the State Council.\n (4) Ye Xiaowen, Director of Bureau of Religious Affairs, \n and any other official or employee of the Bureau of Religious \n Affairs of the Chinese Government.\n (5) Any military or civilian official or employee of the \n Ministry of Public Security or the Ministry of Justice of the \n Chinese Government.\n (b) Certification.--The certification referred to in subsection (a) \nis a certification by the President to the Congress that the following \nindividuals have been released, unconditionally, by the Chinese \nGovernment:\n (1) Pei Zhongxun (whose Korean name is Chun Chul).\n (2) Dai Guillang.\n (3) Dai Lanmei.\n (4) Geng Minuan.\n (5) Wang Xincai.\n (6) Li Tianen.\n (7) Guo Mengshan.\n (8) Jiang Huaifeng.\n (9) Xu Funian.\n (10) Wang Yao Hua.\n (11) Chen Zhuman.\n (12) Bishop Zeng Jingmu.\n (13) Father Li Jian Jin.\n (14) Father Vincent Qin Guoliang.\n (15) Pan Kunming.\n (16) Rao Yangping.\n (17) Yu Qixing.\n (18) Yu Shuishen.\n (19) Li Qingming.\n (20) Zhang Zhiqiang.\n (21) Gedhun Choekyi Nyima and his family.\n (22) Chatrel Rimpoche.\n (23) Champa Chung.\n (24) Gyatrol Rimpoche.\n (25) Shepa Kelsang.\n (26) Lhakpa Tsering.\n (27) Ringkar Ngawang.","summary":"Urges the Department of State to make the release of Chinese imprisoned or detained on religious grounds a major objective of US foreign policy with China. Prohibits the Department of State, the US Information Agency, the Agency for International Development, or any other Federal agency or entity from obligating or expending funds for the participation of certain Chinese individuals and organizations in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President certifies to the Congress that specified imprisoned or detained Chinese citizens have been unconditionally released by the Chinese Government.","title":"To prohibit funding by United States Government agencies of the participation of certain officials of the Chinese Government in international conferences, programs, and activities until the Chinese Government releases certain individuals imprisoned or detained on religious grounds.","text_len":8494,"sum_len":679} {"bill_id":"104_hr1962","text":"SECTION 1. GRATUITOUS TRANSFERS FOR THE BENEFIT OF EMPLOYEES.\n\n (a) In General.--Subparagraph (C) of section 664(d)(1) of the \nInternal Revenue Code of 1986 and subparagraph (C) of section 664(d)(2) \nof such Code are each amended by striking the period at the end thereof \nand inserting ``or, to the extent the remainder interest is in \nqualified employer securities (as defined in paragraph (3)(C)), is to \nbe transferred to an employee stock ownership plan (as defined in \nsection 4975(e)(7)) in a qualified gratuitous transfer (as defined by \nparagraph (3)).''\n (b) Qualified Gratuitous Transfer Defined.--Subsection (d) of \nsection 664 of such Code is amended by redesignating paragraph (3) as \nparagraph (4) and by inserting after paragraph (2) the following new \nparagraph:\n ``(3) Qualified gratuitous transfer of qualified employer \n securities.--\n ``(A) In general.--For purposes of this section, \n the term `qualified gratuitous transfer' means a \n transfer of qualified employer securities to an \n employee stock ownership plan (as defined in section \n 4975(e)(7)) but only to the extent that--\n ``(i) the securities transferred previously \n passed from a decedent to a trust described in \n paragraph (1) or (2);\n ``(ii) no deduction under section 404 is \n allowable with respect to such transfer;\n ``(iii) such plan provides that the \n securities so transferred are allocated to plan \n participants in a manner consistent with \n section 401(a)(4);\n ``(iv) such plan treats such securities as \n being attributable to employer contributions \n but without regard to the limitations otherwise \n applicable to such contributions under section \n 404;\n ``(v) such plan provides that such \n securities are held in a suspense account under \n the plan to be allocated each year, up to the \n limitations under section 415(c), after first \n allocating all other annual additions for the \n limitation year, up to the limitations under \n sections 415 (c) and (e); and\n ``(vi) the employer whose employees are \n covered by the plan described in this \n subparagraph files with the Secretary a \n verified written statement consenting to the \n application of sections 4978 and 4979A with \n respect to such employer.\n ``(B) Qualified employer securities.--For purposes \n of this section, the term `qualified employer \n securities' means employer securities (as defined in \n section 409(l)) which are issued by a domestic \n corporation which has no outstanding stock which is \n readily tradable on an established securities market.\n ``(C) Treatment of securities allocated by employee \n stock ownership plan to persons related to decedent or \n 5-percent shareholders.--\n ``(i) In general.--If any portion of the \n assets of the plan attributable to securities \n acquired by the plan in a qualified gratuitous \n transfer are allocated to the account of--\n ``(I) any person who is related to \n the decedent (within the meaning of \n section 267(b)), or\n ``(II) any person who, at the time \n of such allocation or at any time \n during the 1-year period ending on the \n date of the acquisition of qualified \n employer securities by the plan, is a \n 5-percent shareholder of the employer \n maintaining the plan,\n the plan shall be treated as having distributed \n (at the time of such allocation) to such person \n or shareholder the amount so allocated.\n ``(ii) 5-percent shareholder.--For purposes \n of clause (i), the term `5-percent shareholder' \n means any person who owns (directly or through \n the application of section 318(a)) more than 5 \n percent of--\n ``(I) any class of outstanding \n stock of the corporation which issued \n such qualified employer securities or \n of any corporation which is a member of \n the same controlled group of \n corporations (within the meaning of \n section 409(l)(4)) as such corporation, \n or\n ``(II) the total value of any class \n of outstanding stock of any such \n corporation; and\n For purposes of the preceding sentence, section \n 318(a) shall be applied without regard to the \n exception in paragraph (2)(B)(i) thereof.\n ``(iii) Cross reference.--\n\n ``For excise tax on allocations \ndescribed in clause (i), see section 4979A.''\n (c) Conforming Amendments.--\n (1) Section 401(a)(1) of such Code is amended by inserting \n ``or by a charitable remainder trust pursuant to a qualified \n gratuitous transfer (as defined in section 664(d)(3)(A)),'' \n after ``stock bonus plans),''.\n (2) Section 404(a)(9) of such Code is amended by inserting \n after subparagraph (B) the following new subparagraph:\n ``(C) A qualified gratuitous transfer (as defined \n in section 664(d)(3)(A)) shall have no effect on the \n amount or amounts otherwise deductible under paragraph \n (3) or (7) or under this paragraph.''\n (3) Section 415(c)(6) of such Code is amended by adding at \n the end thereof the following new sentence:\n ``The amount of any qualified gratuitous transfer (as defined \n in section 664(d)(3)(A)) allocated to a participant for any \n limitation year shall not exceed the limitations imposed by \n this section, but such amount shall not be taken into account \n in determining whether any other amount exceeds the limitations \n imposed by this section.''\n (4) Section 415(e) of such Code is amended--\n (A) by redesignating paragraph (6) as paragraph \n (7), and\n (B) by inserting after paragraph (5) the following \n new paragraph:\n ``(6) Special rule for qualified gratuitous transfers.--Any \n qualified gratuitous transfer of qualified employer securities \n (as defined by section 664(d)(3)) shall not be taken into \n account in calculating, and shall not be subject to, the \n limitations provided in this subsection.''\n (5) Paragraph (3) of section 644(e) of such Code is amended \n to read as follows:\n ``(3) acquired by a charitable remainder annuity trust (as \n defined in section 664(d)(1)) or a charitable remainder \n unitrust (as defined in sections 664(d) (2) and (4)), or''.\n (6) Subparagraph (B) of section 664(d)(1) of such Code and \n subparagraph (B) of section 664(d)(2) of such Code are each \n amended by inserting ``and other than qualified gratuitous \n transfers described in subparagraph (C)'' after ``subparagraph \n (A)''.\n (7) Paragraph (4) of section 674(b) of such Code is amended \n by inserting before the period ``or to an employee stock \n ownership plan (as defined in section 4975(e)(7)) in a \n qualified gratuitous transfer (as defined in section \n 664(d)(3))''.\n (8)(A) Section 2055(a) of such Code is amended--\n (i) by striking ``or'' at the end of paragraph (3),\n (ii) by striking the period at the end of paragraph \n (4) and inserting ``; or'', and\n (iii) by inserting after paragraph (4) the \n following new paragraph:\n ``(5) to an employee stock ownership plan if such transfer \n qualifies as a qualified gratuitous transfer of qualified \n employer securities within the meaning of section 664(d)(3).''\n (B) Clause (ii) of section 2055(e)(3)(C) of such Code is \n amended by striking ``section 664(d)(3)'' and inserting \n ``section 664(d)(4)''.\n (9) Paragraph (8) of section 2056(b) of such Code is \n amended to read as follows:\n ``(8) Special rule for charitable remainder trusts.--\n ``(A) In general.--If the surviving spouse of the \n decedent is the only beneficiary of a qualified \n charitable remainder trust who is not a charitable \n beneficiary nor an ESOP beneficiary, paragraph (1) \n shall not apply to any interest in such trust which \n passes or has passed from the decedent to such \n surviving spouse.\n ``(B) Definitions.--For purposes of subparagraph \n (A)--\n ``(i) Charitable beneficiary.--The term \n `charitable beneficiary' means any beneficiary \n which is an organization described in section \n 170(c).\n ``(ii) Esop beneficiary.--The term `ESOP \n beneficiary' means any beneficiary which is an \n employee stock ownership plan (as defined in \n section 4975(e)(7)) that holds a remainder \n interest in qualified employer securities (as \n defined in section 664(d)(3)) to be transferred \n to such plan in a qualified gratuitous transfer \n (as defined in section 664(d)(3)).\n ``(iii) Qualified charitable remainder \n trust.--The term `qualified charitable \n remainder trust' means a charitable remainder \n annuity trust or a charitable remainder \n unitrust (described in section 664).''\n (10) Section 4947(b) of such Code is amended by inserting \n after paragraph (3) the following new paragraph:\n ``(4) Section 507.--The provisions of section 507(a) shall \n not apply to a trust which is described in subsection (a)(2) by \n reason of a distribution of qualified employer securities (as \n defined in section 664(d)(3)) to an employee stock ownership \n plan (as defined in section 4975(e)(7)) in a qualified \n gratuitous transfer (as defined by section 664(d)(3)).''\n (11) The last sentence of section 4975(e)(7) of such Code \n is amended by inserting ``and section 664(d)(3)'' after \n ``section 409(n)''\n (12) Subsection (a) of section 4978 of such Code is amended \n by inserting ``or acquired any qualified employer securities in \n a qualified gratuitous transfer to which section 664(d)(3) \n applied'' after ``section 1042 applied''.\n (13) Paragraph (2) of section 4978(b) of such Code is \n amended--\n (A) by inserting ``or acquired in the qualified \n gratuitous transfer to which section 664(d)(3) \n applied'' after ``section 1042 applied'', and\n (B) by inserting ``or to which section 664(d)(3) \n applied'' after ``section 1042 applied'' in \n subparagraph (C) thereof.\n (14) Subsection (c) of section 4978 of such Code is amended \n by striking ``written statement'' and all that follows and \n inserting ``written statement described in section \n 664(d)(3)(A)(vi) or in section 1042(b)(3) (as the case may \n be).''\n (15) Paragraph (2) of section 4978(e) of such Code is \n amended by striking the period and inserting ``; except that \n such section shall be applied without regard to subparagraph \n (B) thereof for purposes of applying this section and section \n 4979A with respect to securities acquired in a qualified \n gratuitous transfer (as defined in section 664(d)(3)(A)).''\n (16) Subsection (a) of section 4979A of such Code is \n amended to read as follows:\n ``(a) Imposition of Tax.--If--\n ``(1) there is a prohibited allocation of qualified \n securities by any employee stock ownership plan or eligible \n worker-owned cooperative, or\n ``(2) there is an allocation described in section \n 663(d)(3)(C)(i),\nthere is hereby imposed a tax on such allocation equal to 50 percent of \nthe amount involved.''\n (17) Subsection (c) of section 4979A of such Code is \n amended to read as follows:\n ``(c) Liability for Tax.--The tax imposed by this section shall be \npaid by--\n ``(1) the employer sponsoring such plan, or\n ``(2) the eligible worker-owned cooperative,\nwhich made the written statement described in section 664(d)(3)(A)(vi) \nor in section 1042(b)(3)(B) (as the case may be).''\n (18) Section 4979A of such Code is amended by redesignating \n subsection (d) as subsection (e) and by inserting after \n subsection (c) the following new subsection:\n ``(d) Special Statute of Limitations for Tax Attributable to \nCertain Allocations.--The statutory period for the assessment of any \ntax imposed by this section on an allocation described in subsection \n(a)(2) of qualified employer securities shall not expire before the \ndate which is 3 years from the later of--\n ``(1) the 1st allocation of such securities in connection \n with a qualified gratuitous transfer (as defined in section \n 664(d)(3)(A)), or\n ``(2) the date on which the Secretary is notified of the \n allocation described in subsection (a)(2).''\n (d) Effective Date.--The amendments made by this section shall \napply to transfers made by trusts to, or for the use of, an employee \nstock ownership plan after the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code regarding estates and trusts to provide rules for the gratuitous transfer of qualified employer securities to an employee stock ownership plan from charitable remainder trusts.","title":"To amend the Internal Revenue Code of 1986 to provide special rules for certain gratuitous transfers of employer securities for the benefit of employees.","text_len":15392,"sum_len":209} {"bill_id":"109_s928","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Estate Tax Repeal Acceleration \n(ExTRA) for Family-Owned Businesses and Farms Act''.\n\nSEC. 2. REPEAL OF ESTATE TAX ON FAMILY-OWNED BUSINESSES AND FARMS.\n\n (a) Carryover Business Interest Exclusion.--Part IV of subchapter A \nof chapter 11 of the Internal Revenue Code of 1986 (relating to taxable \nestate) is amended by inserting after section 2058 the following new \nsection:\n\n``SEC. 2059. CARRYOVER BUSINESS INTERESTS.\n\n ``(a) General Rules.--\n ``(1) Allowance of deduction.--For purposes of the tax \n imposed by section 2001, in the case of an estate of a decedent \n to which this section applies, the value of the taxable estate \n shall be determined by deducting from the value of the gross \n estate the adjusted value of the carryover business interests \n of the decedent which are described in subsection (b)(2).\n ``(2) Application of carryover basis rules.--With respect \n to the adjusted value of the carryover business interests of \n the decedent which are described in subsection (b)(2), the \n rules of section 1023 shall apply.\n ``(b) Estates to Which Section Applies.--\n ``(1) In general.--This section shall apply to an estate \n if--\n ``(A) the decedent was (at the date of the \n decedent's death) a citizen or resident of the United \n States,\n ``(B) the executor elects the application of this \n section under rules similar to the rules of paragraphs \n (1) and (3) of section 2032A(d) and files the agreement \n referred to in subsection (e), and\n ``(C) during the 8-year period ending on the date \n of the decedent's death there have been periods \n aggregating 5 years or more during which--\n ``(i) the carryover business interests \n described in paragraph (2) were owned by the \n decedent or a member of the decedent's family, \n and\n ``(ii) there was material participation \n (within the meaning of section 2032A(e)(6)) by \n the decedent, a member of the decedent's \n family, or a qualified heir in the operation of \n the business to which such interests relate.\n ``(2) Includible carryover business interests.--The \n carryover business interests described in this paragraph are \n the interests which--\n ``(A) are included in determining the value of the \n gross estate,\n ``(B) are acquired by any qualified heir from, or \n passed to any qualified heir from, the decedent (within \n the meaning of section 2032A(e)(9)), and\n ``(C) are subject to the election under paragraph \n (1)(B).\n ``(3) Rules regarding material participation.--For purposes \n of paragraph (1)(C)(ii)--\n ``(A) in the case a surviving spouse, material \n participation by such spouse may be satisfied under \n rules similar to the rules under section 2032A(b)(5),\n ``(B) in the case of a carryover business interest \n in an entity carrying on multiple trades or businesses, \n material participation in each trade or business is \n satisfied by material participation in the entity or in \n 1 or more of the multiple trades or businesses, and\n ``(C) in the case of a lending and finance business \n (as defined in section 6166(b)(10)(B)(ii)), material \n participation is satisfied under the rules under \n subclause (I) or (II) of section 6166(b)(10)(B)(i).\n ``(c) Adjusted Value of the Carryover Business Interests.--For \npurposes of this section--\n ``(1) In general.--The adjusted value of any carryover \n business interest is the value of such interest for purposes of \n this chapter (determined without regard to this section), as \n adjusted under paragraph (2).\n ``(2) Adjustment for previous transfers.--The Secretary may \n increase the value of any carryover business interest by that \n portion of those assets transferred from such carryover \n business interest to the decedent's taxable estate within 3 \n years before the date of the decedent's death.\n ``(d) Carryover Business Interest.--\n ``(1) In general.--For purposes of this section, the term \n `carryover business interest' means--\n ``(A) an interest as a proprietor in a trade or \n business carried on as a proprietorship, or\n ``(B) an interest in an entity carrying on a trade \n or business, if--\n ``(i) at least--\n ``(I) 50 percent of such entity is \n owned (directly or indirectly) by the \n decedent and members of the decedent's \n family,\n ``(II) 70 percent of such entity is \n so owned by members of 2 families, or\n ``(III) 90 percent of such entity \n is so owned by members of 3 families, \n and\n ``(ii) for purposes of subclause (II) or \n (III) of clause (i), at least 30 percent of \n such entity is so owned by the decedent and \n members of the decedent's family.\n For purposes of the preceding sentence, a decedent shall be \n treated as engaged in a trade or business if any member of the \n decedent's family is engaged in such trade or business.\n ``(2) Lending and finance business.--For purposes of this \n section, any asset used in a lending and finance business (as \n defined in section 6166(b)(10)(B)(ii)) shall be treated as an \n asset which is used in carrying on a trade or business.\n ``(3) Limitation.--Such term shall not include--\n ``(A) any interest in a trade or business the \n principal place of business of which is not located in \n the United States,\n ``(B) any interest in an entity, if the stock or \n debt of such entity or a controlled group (as defined \n in section 267(f)(1)) of which such entity was a member \n was readily tradable on an established securities \n market or secondary market (as defined by the \n Secretary) at any time,\n ``(C) that portion of an interest in an entity \n transferred by gift to such interest within 3 years \n before the date of the decedent's death, and\n ``(D) that portion of an interest in an entity \n which is attributable to cash or marketable securities, \n or both, in any amount in excess of the reasonably \n anticipated business needs of such entity.\n In any proceeding before the United States Tax Court involving \n a notice of deficiency based in whole or in part on the \n allegation that cash or marketable securities, or both, are \n accumulated in an amount in excess of the reasonably \n anticipated business needs of such entity, the burden of proof \n with respect to such allegation shall be on the Secretary to \n the extent such cash or marketable securities are less than 35 \n percent of the value of the interest in such entity.\n ``(4) Rules regarding ownership.--\n ``(A) Ownership of entities.--For purposes of \n paragraph (1)(B)--\n ``(i) Corporations.--Ownership of a \n corporation shall be determined by the holding \n of stock possessing the appropriate percentage \n of the total combined voting power of all \n classes of stock entitled to vote and the \n appropriate percentage of the total value of \n shares of all classes of stock.\n ``(ii) Partnerships.--Ownership of a \n partnership shall be determined by the owning \n of the appropriate percentage of the capital \n interest in such partnership.\n ``(B) Ownership of tiered entities.--For purposes \n of this section, if by reason of holding an interest in \n a trade or business, a decedent, any member of the \n decedent's family, any qualified heir, or any member of \n any qualified heir's family is treated as holding an \n interest in any other trade or business--\n ``(i) such ownership interest in the other \n trade or business shall be disregarded in \n determining if the ownership interest in the \n first trade or business is a carryover business \n interest, and\n ``(ii) this section shall be applied \n separately in determining if such interest in \n any other trade or business is a carryover \n business interest.\n ``(C) Individual ownership rules.--For purposes of \n this section, an interest owned, directly or \n indirectly, by or for an entity described in paragraph \n (1)(B) shall be considered as being owned \n proportionately by or for the entity's shareholders, \n partners, or beneficiaries. A person shall be treated \n as a beneficiary of any trust only if such person has a \n present interest in such trust.\n ``(e) Agreement.--The agreement referred to in this subsection is a \nwritten agreement signed by each person in being who has an interest \n(whether or not in possession) in any property designated in such \nagreement consenting to the application of this section with respect to \nsuch property.\n ``(f) Other Definitions and Applicable Rules.--For purposes of this \nsection--\n ``(1) Qualified heir.--The term `qualified heir' means a \n United States citizen who is--\n ``(A) described in section 2032A(e)(1), or\n ``(B) an active employee of the trade or business \n to which the carryover business interest relates if \n such employee has been employed by such trade or \n business for a period of at least 10 years before the \n date of the decedent's death.\n ``(2) Member of the family.--The term `member of the \n family' has the meaning given to such term by section \n 2032A(e)(2).\n ``(3) Applicable rules.--Rules similar to the following \n rules shall apply:\n ``(A) Section 2032A(b)(4) (relating to decedents \n who are retired or disabled).\n ``(B) Section 2032A(e)(10) (relating to community \n property).\n ``(C) Section 2032A(e)(14) (relating to treatment \n of replacement property acquired in section 1031 or \n 1033 transactions).\n ``(D) Section 2032A(g) (relating to application to \n interests in partnerships, corporations, and trusts).\n ``(4) Safe harbor for active entities held by entity \n carrying on a trade or business.--For purposes of this section, \n if--\n ``(A) an entity carrying on a trade or business \n owns 20 percent or more in value of the voting \n interests of another entity, or such other entity has \n 15 or fewer owners, and\n ``(B) 80 percent or more of the value of the assets \n of each such entity is attributable to assets used in \n an active business operation, then the requirements \n under subsections (b)(1)(C)(ii) and (d)(3)(D) shall be \n met with respect to an interest in such an entity.''.\n (b) Carryover Basis Rules for Carryover Business Interests.--Part \nII of subchapter O of chapter 1 of the Internal Revenue Code of 1986 \n(relating to basis rules of general application) is amended by \ninserting after section 1022 the following new section:\n\n``SEC. 1023. TREATMENT OF CARRYOVER BUSINESS INTERESTS.\n\n ``(a) In General.--Except as otherwise provided in this section--\n ``(1) qualified property acquired from a decedent shall be \n treated for purposes of this subtitle as transferred by gift, \n and\n ``(2) the basis of the person acquiring qualified property \n from such a decedent shall be the lesser of--\n ``(A) the adjusted basis of the decedent, or\n ``(B) the fair market value of the property at the \n date of the decedent's death.\n ``(b) Qualified Property.--For purposes of this section, the term \n`qualified property' means the carryover business interests of the \ndecedent with respect to which an election is made under section \n2059(b)(1)(B).\n ``(c) Property Acquired From the Decedent.--For purposes of this \nsection, the following property shall be considered to have been \nacquired from the decedent:\n ``(1) Property acquired by bequest, devise, or inheritance, \n or by the decedent's estate from the decedent.\n ``(2) Property transferred by the decedent during his \n lifetime--\n ``(A) to a qualified revocable trust (as defined in \n section 645(b)(1)), or\n ``(B) to any other trust with respect to which the \n decedent reserved the right to make any change in the \n enjoyment thereof through the exercise of a power to \n alter, amend, or terminate the trust.\n ``(3) Any other property passing from the decedent by \n reason of death to the extent that such property passed without \n consideration.\n ``(d) Coordination With Section 691.--This section shall not apply \nto property which constitutes a right to receive an item of income in \nrespect of a decedent under section 691.\n ``(e) Certain Liabilities Disregarded.--\n ``(1) In general.--In determining whether gain is \n recognized on the acquisition of property--\n ``(A) from a decedent by a decedent's estate or any \n beneficiary other than a tax-exempt beneficiary, and\n ``(B) from the decedent's estate by any beneficiary \n other than a tax-exempt beneficiary, and in determining \n the adjusted basis of such property, liabilities in \n excess of basis shall be disregarded.\n ``(2) Tax-exempt beneficiary.--For purposes of paragraph \n (1), the term `tax-exempt beneficiary' means--\n ``(A) the United States, any State or political \n subdivision thereof, any possession of the United \n States, any Indian tribal government (within the \n meaning of section 7871), or any agency or \n instrumentality of any of the foregoing,\n ``(B) an organization (other than a cooperative \n described in section 521) which is exempt from tax \n imposed by chapter 1,\n ``(C) any foreign person or entity (within the \n meaning of section 168(h)(2)), and\n ``(D) to the extent provided in regulations, any \n person to whom property is transferred for the \n principal purpose of tax avoidance.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the purposes of this section.''.\n (c) Clerical Amendments.--\n (1) The table of sections for part IV of subchapter A of \n chapter 11 of the Internal Revenue Code of 1986 is amended by \n inserting after the item relating to section 2058 the following \n new item:\n\n``Sec. 2059. Carryover business exclusion.''.\n (2) The table of sections for part II of subchapter O of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 1022 the following new item:\n\n``Sec. 1023. Treatment of carryover business interests.''.\n (d) Effective Dates.--The amendments made by this section shall \napply to estates of decedents dying, and gifts made--\n (1) after the date of the enactment of this Act, and before \n January 1, 2010, and\n (2) after December 31, 2010.","summary":"Estate Tax Repeal Acceleration (ExTRA) for Family-Owned Businesses and Farms Act - Amends the Internal Revenue Code to revise the estate tax exclusion provisions applicable to family-owned business interests. Allows an exclusion from the gross estate for the adjusted value of certain family business interests acquired from a decedent . Defines carryover business interests and revises ownership requirements and material participation rules applicable to such interests. Provides that carryover business interests acquired from a decedent shall be treated as transferred by gift and that the basis of such property shall be the lesser of the adjusted basis of the decedent, or the fair market value of such property at the date of the decedent's death .","title":"A bill to amend the Internal Revenue Code of 1986 to provide for the immediate and permanent repeal of the estate tax on family-owned businesses and farms, and for other purposes.","text_len":17531,"sum_len":755} {"bill_id":"111_hr5857","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair American Corporate Tax Act'' or \n``FACT Act''.\n\nSEC. 2. DECREASE IN TOP MARGINAL RATE.\n\n (a) In General.--Paragraph (1) of section 11(b) of the Internal \nRevenue Code of 1986 is amended--\n (1) by inserting ``and'' at the end of subparagraph (B),\n (2) by striking subparagraphs (C) and (D) and inserting the \n following subparagraph:\n ``(C) 28 percent of so much of the taxable income \n as exceeds $75,000.'',\n (3) by striking ``of $100,000'' and inserting ``of \n $75,000'',\n (4) by striking ``$11,750'' and inserting ``$7,250'', and\n (5) by striking the third sentence.\n (b) Certain Personal Service Corporations.--Paragraph (2) of \nsection 11(b) of such Code is amended by striking ``35 percent'' and \ninserting ``28 percent''.\n (c) Conforming Amendments.--\n (1) Subsection (a) of section 1201 of such Code is amended \n by striking ``35 percent'' each place it appears and inserting \n ``28 percent''.\n (2) Paragraphs (1), (2), and (6) of section 1445(e) of such \n Code are each amended by striking ``35 percent'' and inserting \n ``28 percent''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2010.\n\nSEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.\n\n (a) In General.--Section 894 of the Internal Revenue Code of 1986 \n(relating to income affected by treaty) is amended by adding at the end \nthe following new subsection:\n ``(d) Limitation on Treaty Benefits for Certain Deductible \nPayments.--\n ``(1) In general.--In the case of any deductible related-\n party payment, the amount of any withholding tax imposed under \n chapter 3 (and any tax imposed under subpart A or B of this \n part) with respect to such payment shall not be less than the \n amount which would be imposed if the payment were made directly \n to the foreign parent corporation (taking into account any \n income tax treaty between the United States and the country in \n which the foreign parent corporation is resident).\n ``(2) Deductible related-party payment.--For purposes of \n this subsection, the term `deductible related-party payment' \n means any payment made, directly or indirectly, by any person \n to any other person if the payment is allowable as a deduction \n under this chapter and both persons are members of the same \n foreign controlled group of entities.\n ``(3) Foreign controlled group of entities.--For purposes \n of this subsection--\n ``(A) In general.--The term `foreign controlled \n group of entities' means a controlled group of entities \n the common parent of which is a foreign corporation.\n ``(B) Controlled group of entities.--The term \n `controlled group of entities' means a controlled group \n of corporations as defined in section 1563(a)(1), \n except that--\n ``(i) `more than 50 percent' shall be \n substituted for `at least 80 percent' each \n place it appears therein, and\n ``(ii) the determination shall be made \n without regard to subsections (a)(4) and (b)(2) \n of section 1563.\n A partnership or any other entity (other than a \n corporation) shall be treated as a member of a \n controlled group of entities if such entity is \n controlled (within the meaning of section 954(d)(3)) by \n members of such group (including any entity treated as \n a member of such group by reason of this sentence).\n ``(4) Foreign parent corporation.--For purposes of this \n subsection, the term `foreign parent corporation' means, with \n respect to any deductible related-party payment, the common \n parent of the foreign controlled group of entities referred to \n in paragraph (3)(A).\n ``(5) Regulations.--The Secretary may prescribe such \n regulations or other guidance as are necessary or appropriate \n to carry out the purposes of this subsection, including \n regulations or other guidance which provide for--\n ``(A) the treatment of two or more persons as \n members of a foreign controlled group of entities if \n such persons would be the common parent of such group \n if treated as one corporation, and\n ``(B) the treatment of any member of a foreign \n controlled group of entities as the common parent of \n such group if such treatment is appropriate taking into \n account the economic relationships among such \n entities.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto payments made after the date of the enactment of this Act.","summary":"Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35 to 28 the top marginal income tax rate for corporations. And (2) provide that the amount of any tax withholding for deductible payments made by a US subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation.","title":"To amend the Internal Revenue Code of 1986 to decrease the top marginal corporate rate to 28 percent and to prevent corporations from exploiting tax treaties to evade taxation of United States income.","text_len":5265,"sum_len":505} {"bill_id":"107_hr2786","text":".--(1) For purposes \nof subsection (a)(2) and this subsection, the term `joint resolution' \nmeans only a joint resolution introduced by a qualifying Member \nspecified in paragraph (2) after the date on which the report of the \nPresident under subsection (a)(1) is received by the Congress--\n ``(A) the matter after the resolving clause of which is as \n follows: `That the Congress hereby concurs in the certification \n of the President relating to deployment of a National Missile \n Defense system as submitted to Congress pursuant to section \n 4(b) of the National Missile Defense Act of 1999.';\n ``(B) which does not have a preamble; and\n ``(C) the title of which is as follows: `Joint resolution \n relating to deployment of a National Missile Defense system.'.\n ``(2) For purposes of this subsection, a qualifying Member \ndescribed in this paragraph is--\n ``(A) in the case of the House of Representatives, the \n majority leader or minority leader of the House of \n Representatives or a Member of the House of Representatives \n designated by the majority leader or minority leader; and\n ``(B) in the case of the Senate, the majority leader or \n minority leader of the Senate or a Member of the Senate \n designated by the majority leader or minority leader.\n ``(3) The provisions of paragraphs (3) through (8) of section 4(c) \nof the National Missile Defense Deployment Criteria Act of 2001 shall \napply to a joint resolution under this subsection in the same manner as \nto a joint resolution under such section.''.\n\nSEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL \n MISSILE DEFENSE SYSTEM.\n\n (a) Limitation.--No funds appropriated to the Department of Defense \nfor procurement may be obligated for the National Missile Defense \nsystem unless--\n (1) the President submits to Congress a report concerning \n testing of the National Missile Defense system against \n countermeasures that includes a certification described in \n subsection (b); and\n (2) a joint resolution concurring in the President's \n certification in such report is enacted as provided for in this \n section.\n (b) Presidential Certification.--A certification described in this \nsubsection is a certification by the President that--\n (1) an adequate testing program for the National Missile \n Defense system is in place to meet the threats identified in \n the report required under section 3(c);\n (2) adequate ground and flight testing of the system has \n been conducted against the countermeasures that are likely to \n be used against the system and that other countries have or \n likely could acquire.\n (c) Expedited Procedures for Joint Resolution.--(1) For purposes of \nsubsection (a)(2) and this subsection, the term ``joint resolution'' \nmeans only a joint resolution introduced by a qualifying Member \nspecified in paragraph (2) after the date on which the report of the \nPresident under subsection (a)(1) is received by the Congress--\n (A) the matter after the resolving clause of which is as \n follows: ``That the Congress hereby concurs in the \n determination of the President relating to the establishment of \n a program for operationally realistic testing against \n countermeasures for a National Missile Defense system as \n submitted to Congress pursuant to section 4 of the National \n Missile Defense Deployment Criteria Act of 2001.'';\n (B) which does not have a preamble; and\n (C) the title of which is as follows: ``Joint resolution \n relating to establishment of a program for operationally \n realistic testing against countermeasures for a National \n Missile Defense system.''.\n (2) For purposes of this subsection, a qualifying Member described \nin this paragraph is--\n (A) in the case of the House of Representatives, the \n majority leader or minority leader of the House of \n Representatives or a Member of the House of Representatives \n designated by the majority leader or minority leader; and\n (B) in the case of the Senate, the majority leader or \n minority leader of the Senate or a Member of the Senate \n designated by the majority leader or minority leader.\n (3) If a committee to which is referred a joint resolution \ndescribed in paragraph (1) has not reported such joint resolution by \nthe end of 60 legislative days of continuous session of Congress \nbeginning on the date of its introduction, such committee shall be \ndischarged from further consideration of such joint resolution and such \njoint resolution shall be placed on the appropriate calendar of the \nHouse involved.\n (4)(A) A joint resolution described in paragraph (1) shall be \nconsidered in the House of Representatives in accordance with this \nparagraph. When the committee to which such a joint resolution was \nreferred has reported, or has been discharged from further \nconsideration of, the joint resolution, it shall be in order, on or \nafter the third calendar day thereafter (excluding Saturdays, Sundays, \nor legal holidays, except when the House of Representatives is in \nsession on such a day) for any Member of the House to move to proceed \nto the consideration of the joint resolution, but only on the day after \nthe calendar day on which the Member announces to the House the \nMember's intention to do so. Such motion is privileged and is not \ndebatable. The motion is not subject to amendment or to a motion to \npostpone. A motion to reconsider the vote by which the motion is agreed \nto shall not be in order. If a motion to proceed to the consideration \nof the joint resolution is agreed to, the House shall immediately \nproceed to consideration of the joint resolution, which shall remain \nthe unfinished business of the House until disposed of.\n (B) Debate on the joint resolution, and on all debatable motions \nand appeals in connection therewith, shall be limited to not more than \ntwo hours, which shall be divided equally between those favoring and \nthose opposing the joint resolution. An amendment to the joint \nresolution is not in order. A motion further to limit debate is in \norder and is not debatable. A motion to table, a motion to postpone, or \na motion to recommit the joint resolution is not in order. A motion to \nreconsider the vote by which the joint resolution is agreed to or \ndisagreed to is not in order.\n (C) Appeals from the decisions of the Chair with respect to the \nprocedure relating to a joint resolution described in paragraph (1) \nshall be decided without debate.\n (5) A joint resolution described in paragraph (1) shall be \nconsidered in the Senate in accordance with the provisions of section \n601(b)(4) of the International Security Assistance and Arms Export \nControl Act of 1976.\n (6) If, before the passage by one House of a joint resolution of \nthat House described in paragraph (1), that House receives from the \nother House a joint resolution described in paragraph (1), then the \nfollowing procedures shall apply:\n (A) The joint resolution of the other House shall not be \n referred to a committee and may not be considered in the House \n receiving it except in the case of final passage as provided in \n subparagraph (B)(ii).\n (B) With respect to a joint resolution described in \n paragraph (1) of the House receiving the joint resolution--\n (i) the procedure in that House shall be the same \n as if no joint resolution had been received from the \n other House; but\n (ii) the vote on final passage shall be on the \n joint resolution of the other House.\n (C) Upon disposition of the joint resolution received from \n the other House, it shall no longer be in order to consider the \n joint resolution that originated in the receiving House.\n (7) In the computation of the period of 60 days referred to in \nparagraph (3)--\n (A) a legislative day, with respect to a committee of \n either House to which a joint resolution was referred, is a \n calendar day on which that House is in session; and\n (B) continuity of session of Congress is broken only by an \n adjournment sine die at the end of the second session of a \n Congress.\n (8) The provisions of this subsection are enacted by the Congress--\n (A) as an exercise of the rulemaking power of the House of \n Representatives and the Senate, respectively, and, as such, \n shall be considered as part of the rules of either House and \n shall supersede other rules only to the extent they are \n inconsistent therewith; and\n (B) with full recognition of the constitutional right of \n either House to change the rules so far as they relate to the \n procedures of that House at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR \n NATIONAL MISSILE DEFENSE.\n\n (a) Testing Requirements.--The Secretary of Defense shall direct \nthe Ballistic Missile Defense Organization--\n (1) to include in the ground and flight testing of the \n National Missile Defense system that is conducted before the \n system becomes operational any countermeasures (including \n decoys) that--\n (A) are likely, or at least realistically possible, \n to be used against the system; and\n (B) are chosen for testing on the basis of what \n countermeasure capabilities a long-range missile could \n have and is likely to have, taking into consideration \n the technology that the country deploying the missile \n would have or could likely acquire; and\n (2) to determine the extent to which the exoatmospheric \n kill vehicle and the National Missile Defense system can \n reliably discriminate between warheads and such \n countermeasures.\n (b) Funding Requirements.--The Secretary, in consultation with the \nDirector of the Ballistic Missile Defense Organization, shall--\n (1) determine the amount of additional funding, if any, for \n the National Missile Defense system (in addition to that \n previously programmed) that may be necessary for the Secretary \n to fulfill the requirements set forth in subsection (a) in \n fiscal years after fiscal year 2002; and\n (2) submit that determination to the congressional defense \n committees at the same time that the President submits the \n budget for fiscal year 2003 to Congress under section 1105(a) \n of title 31, United States Code.\n (c) Report by Secretary of Defense.--(1) The Secretary of Defense \nshall submit to Congress, not later than April 15 each year, an annual \nreport on the Department's efforts to establish a program for \noperationally realistic testing of the National Missile Defense system \nagainst countermeasures. The report shall be submitted in both \nclassified and unclassified form.\n (2) Each such report shall include the Secretary's assessment of \nthe following:\n (A) The countermeasures available to foreign countries with \n ballistic missiles that the National Missile Defense system \n could encounter in a launch of such missiles against the United \n States.\n (B) The ability of the National Missile Defense system to \n defeat such countermeasures, including the ability of the \n system to discriminate between countermeasures and reentry \n vehicles.\n (C) The plans to demonstrate the capability of the National \n Missile Defense system to defeat such countermeasures and the \n adequacy of the ground and flight testing to demonstrate that \n capability.\n (3) No annual report is required under this subsection after the \nNational Missile Defense system becomes operational.\n (d) Independent Review Panel.--(1) The Secretary of Defense shall \nseek to arrange for the National Academy of Science to establish an \nindependent panel to be composed of scientific and technical experts.\n (2) The Panel shall assess the following:\n (A) The countermeasures available for use against the \n United States National Missile Defense system.\n (B) The operational effectiveness of that system against \n those countermeasures.\n (C) The adequacy of the National Missile Defense flight \n testing program to demonstrate the capability of the system to \n defeat the countermeasures.\n (3) After conducting the assessment required under paragraph (2), \nthe Panel shall evaluate--\n (A) whether sufficient ground and flight testing of the \n system will have been conducted before the system becomes \n operational to support the making of a determination, with a \n justifiably high level of confidence, regarding the operational \n effectiveness of the system;\n (B) whether adequate ground and flight testing of the \n system will have been conducted, before the system becomes \n operational, against the countermeasures that are likely, or at \n least realistically possible, to be used against the system and \n that other countries have or likely could acquire; and\n (C) whether the exoatmospheric kill vehicle and the rest of \n the National Missile Defense system can reliably discriminate \n between warheads and such countermeasures.\n (4) Not later than April 15 each year, the Panel shall submit to \nthe Secretary of Defense and to Congress a report on its assessments \nand evaluations. The report shall include any recommendations for \nimproving the flight testing program for the National Missile Defense \nsystem or the operational capability of the system to defeat \ncountermeasures that the Panel determines appropriate.\n (e) Countermeasure Defined.--In this section, the term \n``countermeasure''--\n (1) means any deliberate action taken by a country with \n long-range ballistic missiles to defeat or otherwise counter a \n United States National Missile Defense system; and\n (2) includes, among other actions--\n (A) use of a submunition released by a ballistic \n missile soon after the boost phase of the missile;\n (B) use of anti-simulation, together with such \n decoys as Mylar balloons, to disguise the signature of \n the warhead; and\n (C) use of a shroud cooled with liquid nitrogen to \n reduce the infrared signature of the warhead.","summary":"National Missile Defense Deployment Criteria Act of 2001 - Amends the National Missile Defense Act of 1999 to allow deployment of a national missile defense system (system) only if: (1) the system is technologically feasible. (2) system cost in relation to other Department of Defense (DOD) priorities will not lead to an overall reduction in national security by reducing resources available for other defense priorities, (3) the system will not diminish overall US national security. (4) the system will not threaten to disrupt relations with US nuclear allies, US European allies, Russia, the People's Republic of China, and other nations. And (5) the threat of a long-range ballistic missile attack from a nation of concern is clearly demonstrated. 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. 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. 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.","title":"To provide deployment criteria for the National Missile Defense system, and to provide for operationally realistic testing of the National Defense system against countermeasures.","text_len":15203,"sum_len":1679} {"bill_id":"106_hr2424","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Reserve Board Civil Rights \nCompliance Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The passage of the Civil Rights Act of 1964 was a \n milestone embodying a national policy of equal protection under \n the law regardless of race, color, religion, sex, or national \n origin.\n (2) Title VII of the Civil Rights Act of 1964 protects \n individuals against discrimination in the workplace.\n (3) Section 717 of title VII of such Act applies to all \n personnel actions affecting employees and applicants for \n employment in an ``executive agency''.\n (4) An ``executive agency'' is defined in section 105 of \n title 5, United States Code, to include an ``independent \n establishment'' in the executive branch.\n (5) The Board of Governors of the Federal Reserve System \n exercises extensive regulatory and enforcement authority as a \n Federal banking agency (as defined in section 3 of the Federal \n Deposit Insurance Act) with regard to State banks which are \n members of a Federal reserve bank, bank holding companies, and \n foreign bank operations in the United States under the Federal \n Reserve Act, the Bank Holding Company Act of 1956, the Banking \n Act of 1933, the International Banking Act of 1978, the Federal \n Deposit Insurance Act, and other Federal laws, including the \n authority to remove directors, officers, and employees from \n their positions in banks and bank holding companies, the \n authority to impose large civil money penalties, and the \n authority to order the divestiture of banks by bank holding \n companies.\n (6) The Supreme Court of the United States has stated in \n the case of Bowsher, Comptroller General of the United States \n v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986), \n that ``[i]nterpreting a law enacted by Congress to implement \n the legislative mandate is the very essence of `execution' of \n the law'' and noted that the exercise of judgment concerning \n facts that affect the application of an Act is typically made \n by officers charged with executing a statute, ibid.\n (7) The activities of the Board of Governors of the Federal \n Reserve System clearly constitute ``execution of the law'' and \n the Board is, therefore, clearly and unambiguously an \n independent establishment in the executive branch (as such term \n is used in section 104 of title 5, United States Code).\n (8) The Equal Employment Opportunity Commission, which is \n responsible for enforcing compliance with title VII of the \n Civil Rights Act of 1964, has consistently and properly \n interpreted title VII as applying to the Board of Governors of \n the Federal Reserve System.\n (9) The United States Court of Appeals for the District of \n Columbia Circuit established, in the case of Hilliard v. \n Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of \n Governors of the Federal Reserve System is an executive agency \n within the meaning of section 105 of title 5, United States \n Code, and section 717 of title VII of the Civil Rights Act of \n 1964.\n (10) The Board of Governors of the Federal Reserve System \n did not argue to the contrary while the case of Hilliard v. \n Volcker was before the United States Court of Appeals for the \n District of Columbia Circuit.\n (11) On October 17, 1994, a jury in the case Bennett v. \n Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of \n Governors of the Federal Reserve liable for racial \n discrimination, and retaliation, in violation of title VII of \n the Civil Rights Act of 1964.\n (12) The Board of Governors of the Federal Reserve System \n has repeatedly suggested in correspondence with the Congress \n that such Board is not an executive agency under section 105 of \n title 5, United States Code, and is therefore not covered by \n title VII of the Civil Rights Act of 1964.\n (13) The Board of Governors of the Federal Reserve System \n has acted inconsistently with current law in suggesting, \n despite--\n (A) the unambiguous meaning of section 105 of title \n 5, United States Code,\n (B) the unambiguous language title VII of the Civil \n Rights Act of 1964, and\n (C) the clear applicability of title VII of the \n Civil Rights Act of 1964 to the Board of Governors of \n the Federal Reserve in several cases brought against \n the Board in the courts of the United States,\n that the Board is not covered by title VII of the Civil Rights \n Act of 1964.\n\nSEC. 3. REQUIRED POSTING OF NOTICES.\n\n The Board of Governors of the Federal Reserve System shall post and \nkeep posted in conspicuous places upon its premises where such notices \nto employees and applicants for employment are customarily posted, and \nat such other places as the Equal Employment Opportunity Commission may \ndetermine, a notice to be prepared or approved by the Commission \nsetting forth--\n (1) excerpts from or summaries of the pertinent provisions \n of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \n et seq.), and\n (2) information pertinent to the rights and procedures \n applicable under such Acts to employees of, and applicants for \n employment by, the Board.\n\nSEC. 4. REPORT ON COMPLIANCE.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Board of Governors of the Federal Reserve System shall submit \na report, to the Committee on Banking and Financial Services of the \nHouse of Representatives and the Committee on Banking, Housing, and \nUrban Affairs of the Senate, describing in detail the actions taken by \nthe Board to achieve compliance with section 717 of the Civil Rights \nAct of 1964 (42 U.S.C. 2000e-16).","summary":"Federal Reserve Board Civil Rights Compliance Act of 1999 - Directs the Board of Governors of the Federal Reserve System to post at its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 and information pertinent to the rights and procedures applicable under such Act to Board employees and applicants. Requires the Board to report to the congressional banking committees on actions it has taken to achieve compliance with such Act.","title":"Federal Reserve Board Civil Rights Compliance Act of 1999","text_len":6353,"sum_len":587} {"bill_id":"113_hr1576","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dollar Bill Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Article I, section 8 of the Constitution of the United \n States provides that the Congress shall have Power to coin \n money, regulate the value thereof, and of foreign coin, and fix \n the standard of weights and measures.\n (2) Congress effectively delegated the power to regulate \n the value of United States money and foreign money to the \n Federal Reserve System via the Federal Reserve Act of 1913.\n (3) The value of the United States dollar has fallen \n dramatically relative to gold, crude oil, other real \n commodities and major foreign currencies.\n (4) The value of the United States dollar has become \n unstable and uncertain.\n (5) The Board of Governors of the Federal Reserve System \n has not produced a stable and reliable value for the United \n States dollar.\n (6) The Board of Governors of the Federal Reserve System \n cannot reasonably be expected to produce a stable and reliable \n value for the United States dollar.\n (7) An unstable dollar slows the growth of the economy by \n increasing the cost of capital, increasing the risks attendant \n to long-term capital investment, and increasing the effective \n rate of the corporate income tax.\n (8) An unstable dollar reduces the real earnings of \n American workers.\n (9) An unstable dollar reduces the real value of financial \n assets held by the public.\n (10) An unstable dollar reduces the real value of pension \n plans and retirement accounts upon which Americans depend for \n their security.\n (11) An unstable dollar damages the economic and political \n standing of the United States in the world community.\n (12) An unstable dollar gives rise to anxiety, uncertainty, \n and risk among the financial markets and the public.\n\nSEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE \n SYSTEM.\n\n (a) In General.--Before the end of the 30-day period beginning on \nthe date of the enactment of this Act, the Board of Governors of the \nFederal Reserve System shall designate a specific week (the ``Target \nWeek'') starting no earlier than 90 days from the date of the enactment \nof this Act and ending no later than 120 days from the enactment of \nthis Act. After designating the Target Week, the Board of Governors of \nthe Federal Reserve System shall then employ a random process to select \na specific day, hour, minute, and second during the Target Week (the \n``Target Moment''), which shall not be publicly disclosed. At the \nTarget Moment, the Board of Governors of the Federal Reserve System \nshall make the value of the U.S. dollar equal to the price of gold on \nthe exchange operated by the Commodities Exchange, Inc. (COMEX) of the \nNew York Mercantile Exchange, Inc., as of the Target Moment and \nmaintain the value of the United States dollar within plus or minus 2 \npercent of such price (the ``Target Range'') thereafter.\n (b) Target.--The Board of Governors of the Federal Reserve System \nshall maintain the value of the United States dollar within the Target \nRange directly, via open market operations, and not indirectly, as in \nthe current practice of targeting the Federal Funds rate.\n (c) Promotion of Stable and Effective Financial Markets.--The Board \nof Governors of the Federal Reserve System shall use the banking and \nbank regulatory powers of the Board to maintain and promote stable and \neffective financial markets during and after the transition to a \ndefined value for the United States dollar.\n\nSEC. 4. TAX DEPRECIATION.\n\n Effective January 1, 2013, all entities that depreciate capital \nassets for tax purposes shall be entitled to 100 percent expensing of \nall capital investment for tax purposes in the year that the investment \nis made.\n\nSEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE.\n\n In addition to the scoring that the Congressional Budget Office \nwill do of the tax changes provided in this Act in the normal course of \nevents, the Congressional Budget Office shall also calculate the impact \non Federal revenues on a present value basis. This calculation shall be \ndone in the manner that such calculations are done by the Social \nSecurity Trustees, and shall take into account the following:\n (1) That first year expensing of capital investment \n accelerates, but does not change the total amount of the \n depreciation that taxpayers take based upon their investments.\n (2) Capital investments by businesses have historically \n earned much higher returns than the interest rate on government \n bonds.\n\nSEC. 6. CONFLICT OF LAWS PROVISION.\n\n In the event that any provisions of this Act are found to be in \nconflict with those of the Full Employment and Balanced Growth Act of \n1978, the provisions of this Act shall supersede the provisions of such \nAct to the extent of the conflict.\n\nSEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON \n RESERVES.\n\n (a) In General.--Section 19(b)(12) of the Federal Reserve Act (12 \nU.S.C. 461(b)(12)) is amended--\n (1) in the heading of such paragraph, by striking \n ``Earnings'' and inserting ``No earnings'';\n (2) in subparagraph (A), by striking ``may receive earnings \n to be paid by the Federal Reserve bank at least once each \n calendar quarter, at a rate or rates not to exceed the general \n level of short-term interest rates'' and inserting ``may not \n receive earnings paid by the Federal Reserve bank'';\n (3) by striking subparagraph (B); and\n (4) by redesignating subparagraph (C) as subparagraph (B).\n (b) Effective Date.--The amendments made under this section shall \ntake effect after the end of the 30-day period beginning on the date of \nthe enactment of this Act.","summary":"Dollar Bill Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to: (1) designate a quot, Target Weekquot, . (2) employ a random process to select a specific day, hour, minute, and second during such Target Week as quot, Target Momentquot, . (3) make the value of the US dollar at the Target Moment equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.. And (4) maintain the value of the US dollar within plus or minus 2 of such price thereafter. Instructs the Board maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the US dollar. Entitles all entities that depreciate capital assets for tax purposes to 100 expensing of all capital investment for tax purposes in the year that the investment is made. Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis. Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves.","title":"Dollar Bill Act of 2013","text_len":6162,"sum_len":1440} {"bill_id":"113_hr1712","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Opportunity and Mortgage \nEquity Act of 2013''.\n\nSEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY \n FANNIE MAE AND FREDDIE MAC.\n\n (a) Authority.--The Federal National Mortgage Association and the \nFederal Home Loan Mortgage Corporation shall each carry out a program \nunder this section to provide for the refinancing of qualified \nmortgages on single-family housing owned by such enterprise through a \nrefinancing mortgage, and for the purchase of and securitization of \nsuch refinancing mortgages, in accordance with this section and \npolicies and procedures that the Director of the Federal Housing \nFinance Agency shall establish. Such program shall require such \nrefinancing of a qualified mortgage upon the request of the mortgagor \nmade to the applicable enterprise and a determination by the enterprise \nthat the mortgage is a qualified mortgage.\n (b) Qualified Mortgage.--For purposes of this section, the term \n``qualified mortgage'' means a mortgage, without regard to whether the \nmortgagor is current on or in default on payments due under the \nmortgage, that--\n (1) is an existing first mortgage that was made for \n purchase of, or refinancing another first mortgage on, a one- \n to four-family dwelling, including a condominium or a share in \n a cooperative ownership housing association, that is occupied \n by the mortgagor as the principal residence of the mortgagor;\n (2) is owned or guaranteed by the Federal National Mortgage \n Association or the Federal Home Loan Mortgage Corporation; and\n (3) was originated on or before the date of the enactment \n of this Act.\n (c) Refinancing Mortgage.--For purposes of this section, the term \n``refinancing mortgage'' means a mortgage that meets the following \nrequirements:\n (1) Refinancing of qualified mortgage.--The principal loan \n amount repayment of which is secured by the mortgage shall be \n used to satisfy all indebtedness under an existing qualified \n mortgage.\n (2) Single-family housing.--The property that is subject to \n the mortgage shall be the same property that is subject to the \n qualified mortgage being refinanced.\n (3) Interest rate.--The mortgage shall bear interest at a \n single rate that is fixed for the entire term of the mortgage, \n which shall be equivalent to the premium received by the \n enterprise on the qualified mortgage being refinanced plus the \n cost of selling a newly issued mortgage having comparable risk \n and term to maturity in a mortgage-backed security, as such \n rate may be increased to the extent necessary to cover, over \n the term to maturity of the mortgage, any fee paid to the \n servicer pursuant to subsection (d), the cost of any title \n insurance coverage issued in connection with the mortgage, and, \n as determined by the Director, a portion of any administrative \n costs of the program under this section as may be attributable \n to the mortgage.\n (4) Waiver of prepayment penalties.--All penalties for \n prepayment or refinancing of the qualified mortgage that is \n refinanced by the mortgage, and all fees and penalties related \n to the default or delinquency on such mortgage, shall have been \n waived or forgiven.\n (5) Term to maturity.--The mortgage shall have a term to \n maturity of not more than 40 years from the date of the \n beginning of the amortization of the mortgage.\n (6) Prohibition on borrower fees.--The servicer conducting \n the refinancing shall not charge the mortgagor any fee for the \n refinancing of the qualified mortgage through the refinancing \n mortgage.\n (7) Title insurance.--The fee for title insurance coverage \n issued in connection with the mortgage shall be reasonable in \n comparison with fees for such coverage available in the market \n for mortgages having similar terms.\n (d) Fee to Servicer.--The Director may, in the Director's sole \ndiscretion, require each enterprise to pay to the servicer of a \nqualified mortgage a fee, in such amount as the Director considers \nappropriate, for each qualified mortgage of an enterprise that the \nservicer refinances through a refinancing mortgage pursuant to this \nsection.\n (e) No Appraisal.--The enterprises may not require an appraisal of \nthe property subject to a refinancing mortgage to be conducted in \nconnection with such refinancing.\n (f) Termination.--The requirement under subsection (a) for the \nenterprises to refinance qualified mortgages shall not apply to any \nrequest for refinancing made after the expiration of the one-year \nperiod beginning on the date of the enactment of this Act, except that \nthe Director may, by notice published before the expiration of such \nperiod, extend such period for such additional time as the Director \nconsiders appropriate.\n (g) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Director.--The term ``Director'' means the Director of \n the Federal Housing Finance Agency.\n (2) Enterprise.--The term ``enterprise'' means the Federal \n National Mortgage Association and the Federal Home Loan \n Mortgage Corporation.\n (h) Regulations.--The Director shall issue any regulations or \nguidance necessary to carry out the program under this section.","summary":"Housing Opportunity and Mortgage Equity Act of 2013 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency (FHFA). Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence, (2) is owned or guaranteed by the particular GSE. And (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Authorizes the FHFA Director, in his or her sole discretion, to require each enterprise to pay a servicer an appropriate fee for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage. Prohibits any requirement of a property appraisal.","title":"Housing Opportunity and Mortgage Equity Act of 2013","text_len":5662,"sum_len":1441} {"bill_id":"112_hr1603","text":"SECTION 1. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States has run persistent trade deficits \n since 1978, and many of the trade deficits since 2000 have been \n especially large.\n (2) The United States trade deficit rose from \n $374,900,000,000 in 2009 to $497,800,000,000 in 2010, an \n increase of 33 percent.\n (3) Many of the trade deficits are structural--that is, \n with the same countries, year after year. In 2010, the United \n States continued to have significant merchandise trade deficits \n with the People's Republic of China ($273,100,000,000), the \n European Union ($79,800,000,000), Japan ($59,800,000,000), and \n Mexico ($66,300,000,000), notwithstanding the overall decline \n in the United States trade deficit. In fact, in 2010, China \n accounted for 42 percent of the United States merchandise trade \n deficit.\n (4) While the United States has one of the most open \n borders and economies in the world, the United States faces \n significant tariff and nontariff trade barriers with its \n trading partners.\n\nSEC. 2. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the Emergency Trade Deficit Commission (in this Act referred to as \nthe ``Commission'').\n (b) Membership of Commission.--\n (1) Composition.--The Commission shall be composed of 11 \n members, of whom--\n (A) three persons shall be appointed by the \n President, of whom one shall be appointed to represent \n labor interests, one shall be appointed to represent \n small businesses, and one shall be appointed to \n represent manufacturing interests;\n (B) two persons shall be appointed by the President \n pro tempore of the Senate upon the recommendation of \n the majority leader of the Senate, after consultation \n with the Chairman of the Committee on Finance of the \n Senate;\n (C) two persons shall be appointed by the President \n pro tempore of the Senate upon the recommendation of \n the minority leader of the Senate, after consultation \n with the ranking minority member of the Committee on \n Finance of the Senate;\n (D) two persons shall be appointed by the Speaker \n of the House of Representatives, after consultation \n with the Chairman of the Committee on Ways and Means of \n the House of Representatives; and\n (E) two persons shall be appointed by the minority \n leader of the House of Representatives, after \n consultation with the ranking minority member of the \n Committee on Ways and Means of the House of \n Representatives.\n (2) Qualifications of members.--\n (A) Presidential appointments.--Of the persons \n appointed under paragraph (1)(A), not more than one may \n be an officer, employee, or paid consultant of the \n executive branch.\n (B) Other appointments.--Persons appointed under \n subparagraph (B), (C), (D), or (E) of paragraph (1) \n shall be persons who--\n (i) have expertise in economics, \n international trade, manufacturing, labor, \n environment, or business, or have other \n pertinent qualifications or experience; and\n (ii) are not officers or employees of the \n United States.\n (C) Other considerations.--In appointing members of \n the Commission, every effort shall be made to ensure \n that the members--\n (i) are representative of a broad cross-\n section of economic and trade perspectives \n within the United States; and\n (ii) provide fresh insights in to \n identifying the causes and consequences of the \n United States trade deficit and developing \n recommendations to address structural trade \n imbalances.\n (c) Period of Appointment; Vacancies.--\n (1) In general.--Members shall be appointed not later than \n 60 days after the date of the enactment of this Act and the \n appointment shall be for the life of the Commission.\n (2) Vacancies.--Any vacancy in the Commission shall not \n affect its powers, but shall be filled in the same manner as \n the original appointment was made.\n (d) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Commission have been appointed, the Commission \nshall hold its first meeting.\n (e) Meetings.--The Commission shall meet at the call of the \nChairperson.\n (f) Chairperson and Vice Chairperson.--The members of the \nCommission shall elect a chairperson and vice chairperson from among \nthe members of the Commission.\n (g) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum for the transaction of business.\n (h) Voting.--Each member of the Commission shall be entitled to one \nvote, which shall be equal to the vote of every other member of the \nCommission.\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n (a) In General.--The Commission shall be responsible for examining \nthe nature, causes, and consequences of the United States trade deficit \nand providing recommendations on how to address and reduce structural \ntrade imbalances, including with respect to the United States \nmerchandise trade deficit, in order to promote sustainable economic \ngrowth that provides broad-based income and employment gains.\n (b) Causes of U.S. Trade Deficit.--In examining the causes of the \nUnited States trade deficit, the Commission shall, among other things--\n (1) identify and assess the impact of macroeconomic \n factors, including currency practices, foreign government \n purchases of United States assets, and savings and investment \n rates, including savings rates of foreign state-owned \n enterprises, on United States bilateral trade imbalances and \n global trade imbalances;\n (2) with respect to countries with which the United States \n has significant, persistent sectoral or bilateral trade \n deficits, assess with respect to the magnitude and composition \n of such trade deficits--\n (A) the impact of tariff and nontariff barriers \n maintained by such countries and the lack of reciprocal \n market access as a result of such barriers;\n (B) the impact of investment, offset, and \n technology transfer requirements by such countries;\n (C) any impact due to the failure of such countries \n to adhere to internationally recognized labor \n standards, including the extent to which such failure \n affects conditions of competition with the United \n States or the ability of consumers in such countries to \n buy United States goods and services;\n (D) any impact due to differences in levels of \n environmental protection and enforcement of \n environmental laws between such countries and the \n United States, including the extent to which such \n differences affect conditions of competition with the \n United States;\n (E) policies maintained by such countries that \n assist manufacturers in such countries, including the \n impact of such policies on manufacturers in the United \n States; and\n (F) the impact of border tax adjustments by such \n countries;\n (3) examine the impact of free trade agreements on the \n United States trade deficit;\n (4) examine the impact of investment flows both into and \n out of the United States on the trade deficit, including--\n (A) the impact of United States outbound investment \n on the United States trade deficit and on standards of \n living and production in the United States;\n (B) the impact that the relocation of production \n facilities overseas has on the United States trade \n deficit, including by reviewing major domestic plant \n closures over an appropriate representative period to \n determine how much production terminated from such \n closures was relocated offshore;\n (C) the impact of foreign direct investment in the \n United States on the United States trade deficit and on \n standards of living and production in the United \n States; and\n (D) the impact of United States bilateral \n investment treaties, including bilateral investment \n treaties under negotiation, on the United States trade \n deficit;\n (5) examine the role and impact of imports of oil and other \n energy products on the United States trade deficit; and\n (6) assess the extent to which United States foreign policy \n interests influence United States economic and trade policies.\n (c) Consequences of U.S. Trade Deficit.--In examining the \nconsequences of the United States trade deficit, the Commission shall, \namong other things--\n (1) identify and, to the extent practicable, quantify the \n impact of the trade deficit on the overall domestic economy, \n and, with respect to different sectors of the economy, on \n manufacturing capacity, on the number and quality of jobs, on \n wages, and on health, safety, and environmental standards;\n (2) assess the effects the trade deficits in the areas of \n manufacturing and technology have on defense production and \n innovation capabilities of the United States; and\n (3) assess the impact of significant, persistent trade \n deficits, including sectoral and bilateral trade deficits, on \n United States economic growth.\n (d) Recommendations.--In making recommendations, the Commission \nshall, among other things--\n (1) identify specific strategies for achieving improved \n trade balances with those countries with which the United \n States has significant, persistent sectoral or bilateral trade \n deficits;\n (2) identify United States trade policy tools including \n enforcement mechanisms that can be more effectively used to \n address the underlying causes of structural trade deficits;\n (3) identify domestic and trade policies that can enhance \n the competitiveness of United States manufacturers domestically \n and globally, including those policies of the United States and \n other countries that have been successful in promoting \n competitiveness;\n (4) address ways to improve the coordination and \n accountability of Federal departments and agencies relating to \n trade; and\n (5) examine ways to improve the adequacy of the collection \n and reporting of trade data, including identifying and \n developing additional databases and economic measurements that \n may be needed to properly assess the causes and consequences of \n the United States trade deficit.\n\nSEC. 4. REPORT.\n\n (a) Report.--Not later than 16 months after the date of the \nenactment of this Act, the Commission shall submit to the President and \nthe Committee on Ways and Means of the House of Representatives and the \nCommittee on Finance of the Senate a report that contains--\n (1) the findings and conclusions of the Commission \n described in section 3; and\n (2) any recommendations for administrative and legislative \n actions as the Commission considers necessary.\n (b) Separate Views.--Any member of the Commission may submit \nadditional findings and recommendations as part of the report.\n\nSEC. 5. POWERS OF COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out this Act. \nThe Commission shall hold at least seven public hearings, one or more \nin Washington, DC, and four in different regions of the United States.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out this Act. Upon request of \nthe Chairperson of the Commission, the head of such department or \nagency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other Federal \ndepartments and agencies.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Commission who is \nnot an officer or employee of the Federal Government shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day (including \ntravel time) during which such member is engaged in the performance of \nthe duties of the Commission. All members of the Commission who are \nofficers or employees of the United States shall serve without \ncompensation in addition to that received for their services as \nofficers or employees of the United States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of duties of the \nCommission.\n (c) Staff.--\n (1) In general.--The Chairperson of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment of an \n executive director shall be subject to confirmation by the \n Commission.\n (2) Compensation.--The Chairperson of the Commission may \n fix the compensation of the executive director and other \n personnel without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of title 5, United States Code, \n relating to classification of positions and General Schedule \n pay rates, except that the rate of pay for the executive \n director and other personnel may not exceed the rate payable \n for level V of the Executive Schedule under section 5316 of \n such title.\n (d) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.\n\n (a) In General.--There are authorized to be appropriated $2,000,000 \nto the Commission to carry out this Act.\n (b) GAO Audit.--Not later than 6 months after the date on which the \nCommission terminates, the Comptroller General of the United States \nshall complete an audit of the financial books and records of the \nCommission and shall submit a report on the audit to the President and \nthe Congress.\n\nSEC. 8. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 30 days after the date on which the \nCommission submits its report under section 4(a).\n\nSEC. 9. MORATORIUM ON FREE TRADE AGREEMENTS.\n\n The President shall not submit to the Congress any free trade \nagreement, or any legislation implementing a free trade agreement, \nuntil the report of the Commission has been delivered to the Congress \nand the President under section 4(a).","summary":"Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the US trade deficit, together with recommendations to address and reduce trade imbalances, such as the US merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. Prohibits the President from submitting to Congress any free trade agreement or legislation implementing one until the report has been delivered to Congress and to the President.","title":"To establish the Emergency Trade Deficit Commission, and for other purposes.","text_len":17214,"sum_len":537} {"bill_id":"107_hr5543","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Maggie's Law: National Drowsy \nDriving Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) A 1995 Federal study conservatively estimated that each \n year--\n (A) 100,000 police-reported motor vehicle crashes \n are caused by the drowsiness or fatigue of the \n operator;\n (B) 1,550 deaths and 71,000 injuries are the direct \n result of a driver falling asleep at the wheel of a \n motor vehicle; and\n (C) these crashes represent at least \n $12,500,000,000 in diminished productivity and property \n loss.\n (2) Scientific research further demonstrates that--\n (A) 1,000,000 crashes are caused by driver \n inattention each year; and\n (B) sleep deprivation and fatigue make such \n attention lapses more likely to occur.\n (3) An insufficient amount of statistical data and \n documentation concerning fatigue-related motor vehicle crashes \n is available. Federal statistics significantly under-report the \n problem of driver fatigue because the statistics are derived \n primarily from police accident reports, and studies indicate \n that less than one-half of all crashes are reported to the \n police.\n (4) Further complicating the collection of accurate data \n are the following facts:\n (A) Most police officers are not trained to detect \n sleep-related crashes.\n (B) There is no test to determine sleepiness as \n there is for drunk drivers.\n (C) There are still States that do not have proper \n codes for sleepiness on their crash report forms.\n (D) Based on clinical studies, many people are \n unable to accurately recognize when they have nodded-\n off for a short period of time (microsleep), thus \n raising questions about the reliability of self-\n reporting.\n (5) In 1999, a scientifically conducted national survey of \n Americans found that 23 percent of respondents reported that \n they personally know someone who crashed in the past year due \n to falling asleep at the wheel.\n (6) In 2001, a scientifically conducted national survey of \n Americans found that in the past year--\n (A) 53 percent of all adults reported driving while \n drowsy;\n (B) 19 percent reported that they had actually \n dozed off while driving; and\n (C) one percent reported that they had crashed \n because they dozed off.\n (7) Studies confirm that while anyone can be at risk for \n drowsy driving, there are several population groups that are \n significantly at higher risk--\n (A) young people under the age of 26, who tend to \n stay up late, sleep too little, and drive at night, \n represent about 55 percent of all fall asleep crashes;\n (B) there are over 20,000,000 shift workers in \n America and studies suggest that 20 percent to 30 \n percent of individuals with nontraditional work \n schedules have had a fatigue-related driving mishap in \n the last year;\n (C) commercial drivers are susceptible to fatigue-\n related crashes due to their driving schedules and the \n amount of miles they drive during the year;\n (D) commercial drivers have a high prevalence of a \n sleep and breathing disorder called sleep apnea; and\n (E) 40,000,000 Americans suffer from sleep \n disorders; left untreated, disorders such as sleep \n apnea can increase crash risk 3 to 7 times.\n (8) In 1995, a study found that some roads, such as high-\n speed, long, boring, rural highways, are more dangerous than \n others for sleep-deprived motorists. The New York State Police \n estimated that 40 percent of all fatal crashes along the New \n York Thruway were the result of a driver falling asleep at the \n wheel.\n (9) Studies, such as the following, indicate that \n continuous shoulder rumble strips are effective countermeasures \n to drift-off-the-road crashes, which are characteristic of \n drowsy driving, and fall-asleep crashes--\n (A) New York State reports that accidents caused by \n drivers falling asleep at 13 sites on the New York \n Thruway were reduced by 84 percent following the \n installation of continuous shoulder rumble strips.\n (B) Pennsylvania reports a reduction of guard rail \n or embankment accidents at 5 sites on the Pennsylvania \n Turnpike following rumble strip installation.\n (C) In 1995, an expert panel consisting of \n university and federal researchers convened to assess \n the current research regarding the effectiveness of \n continuous shoulder rumble strips and to make \n recommendations about their use. The panel concluded \n that rumble strips reduce drift-off-the-road crashes \n anywhere from 15 to 70 percent depending on road type \n and rumble strip design being used.\n\nSEC. 3. DROWSY DRIVING EDUCATION PROGRAMS.\n\n Chapter 4 of title 23, United States Code, is amended by adding at \nthe end the following:\n\n``SEC. 412. DROWSY DRIVING EDUCATION PROGRAMS.\n\n ``(a) Awards.--The Secretary may enter into contracts or \ncooperative agreements with, and may make grants to, State highway \noffices and other experienced drowsy driving safety organizations to \nobtain and distribute national, State, and local drowsy driving \neducation programs and supporting educational materials.\n ``(b) Use of Funds.--Funds provided under a contract, cooperative \nagreement, or grant under subsection (a) shall be used--\n ``(1) to implement drowsy driving programs which are \n designed to prevent deaths and injuries due to drivers who are \n impaired by fatigue and sleep deprivation and which--\n ``(A) educate the public in all aspects of the \n dangers of driving while impaired by fatigue or \n drowsiness as a result of sleep deprivation, untreated \n sleep disorders, sedating medications, and alcohol use;\n ``(B) educate the public to recognize the signs of \n fatigue while driving and how to take appropriate \n countermeasures to avoid fall-asleep crashes;\n ``(C) train and retrain traffic safety \n professionals, police officers, fire and emergency \n medical personnel, and other educators in all aspects \n of drowsy driving prevention; and\n ``(D) train police officers and accident \n reconstructionists to identify fatigue impairment among \n drivers and as a factor in motor vehicle crashes;\n ``(2) to develop a standardized, scientifically accurate \n curriculum on the risks and prevention of drowsy driving and \n fall-asleep motor vehicle crashes and take steps to--\n ``(A) develop and integrate a drowsy driving \n curriculum component into all driver's education \n courses under the purview of a State's transportation \n department;\n ``(B) ensure that State departments of \n transportation, health and education work together to \n include a drowsy driving component in all driver's \n education and health education curricula; and\n ``(C) the State departments of transportation shall \n develop a curriculum on drowsy driving for training the \n instructors who teach any course covering driver \n education or traffic safety.\n ``(3) to consult and collaborate with existing national \n drowsy driving campaigns to foster the distribution of \n scientifically-based information and educational messages \n regarding drowsy driving and fall-asleep crashes and to review \n existing State model programs for experience and guidance;\n ``(4) to adopt formal policy statements and work plans for \n the installation and expansion of continuous shoulder rumble \n strips during highway resurfacing and new construction programs \n for interstate highways and submit a report to the Secretary \n each fiscal year describing the number of highway miles and \n locations where continuous shoulder rumble strips have been \n installed on their state highway system;\n ``(5) to adopt formal codes on motor vehicle accident \n report forms to report fatigue-related or fall-asleep crashes;\n ``(6) to provide enforcement personnel training in the \n detection and reporting of drowsy driving as a factor in motor \n vehicle crashes; and\n ``(7) provide education programs to the police and the \n courts regarding the sanctions available for drowsy driving \n accidents.\n ``(c) Applications.--An entity desiring a contract, cooperative \nagreement, or grant under subsection (a) shall submit an application to \nthe Secretary at such time, in such manner, and accompanied by such \ninformation as the Secretary may reasonably require.\n ``(d) Reports to Secretary.--An entity which receives a contract, \ncooperative agreement, or grant under subsection (a) shall prepare and \nsubmit to the Secretary an annual report during the period in which it \nreceives funds under such contract, cooperative agreement, or grant. \nSuch a report shall contain such information as the Secretary may \nrequire and shall, at a minimum, describe the program activities \nundertaken with such funds, including--\n ``(1) any drowsy driving education program that has been \n developed directly or indirectly by such entity and the target \n population of such program;\n ``(2) support materials of such a program that have been \n obtained by such entity and the method by which the entity \n distributed such materials; and\n ``(3) any initiatives undertaken by such entity to develop \n public-private partnerships to secure non-Federal support for \n the development and distribution of drowsy driving education \n programs and materials.\n ``(e) Report to Congress.--The Secretary shall prepare and submit \nto the appropriate committees of Congress an annual report on the \nimplementation of this section, which includes a description of the \nprograms undertaken and materials developed and distributed by entities \nreceiving funds under subsection (a).\n ``(f) In this section, the following definitions apply:\n ``(1) Drowsy driver education programs.--The term `drowsy \n driving education programs' includes publications, audiovisual, \n presentations, and demonstrations.\n ``(2) State.--The term `State' means any State of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the United States Virgin Islands, Guam, American \n Samoa, the Northern Mariana Islands, and any other territory or \n possession of the United States.\n ``(3) State model programs.--The term `State model \n programs' means the State of New York's Break for Safety \n program and New York Task Force on Drowsy Driving efforts.\n ``(4) National programs.--The term `national programs' \n means the DRIVE ALERT . . . ARRIVE ALIVE, the National Sleep \n Foundation's Campaign on Drowsy Driving and other programs \n operated by non-profit organizations.\n ``(5) Continuous Shoulder Rumble Strip.--The term \n `continuous shoulder rumble strip' means raised or grooved \n patterns inserted on the shoulder of a highway to alert drivers \n drifting off the road that they are doing so.\n ``(g) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated to the \nSecretary $5,000,000 for the National Highway Traffic Safety \nAdministration for each of fiscal years 2003 through 2008, of which not \nmore than $350,000 may be spent in any fiscal year for administrative \ncosts.''.\n\nSEC. 4. FEDERAL RESEARCH ON THE SCOPE OF THE PROBLEM.\n\n (a) Study.--The Secretary of Transportation shall conduct a study \non the scope of the problem of fatigue-related automobile crashes \namongst the general driving public.\n (b) Report.--Not later than 2 years after the date of the enactment \nof this Act, the Secretary shall transmit to Congress a report \ncontaining the results of the study.","summary":"Maggie's Law: National Drowsy Driving Act of 2002 - Authorizes the Secretary of Transportation to enter into agreements with, and make grants to, State highway offices and other driving safety organizations to obtain and distribute national, State, and local drowsy driving education programs and supporting materials. Directs that grant funds be used to: (1) implement programs designed to prevent deaths and injuries due to drivers who are impaired by fatigue and sleep deprivation. (2) develop a standardized curriculum on the risks and prevention of drowsy driving and fall-asleep motor vehicle crashes. (3) collaborate with national drowsy driving campaigns to distribute information and educational messages and to review existing State model programs. (4) adopt policy statements and work plans for the installation and expansion of continuous shoulder rumble strips for interstate highways. (5) adopt codes on accident report forms to report fatigue-related or fall-asleep crashes. (6) provide training in the detection and reporting of drowsy driving as a factor in motor vehicle crashes. And (7) provide education programs to the police and the courts regarding the sanctions available for drowsy driving accidents. Directs the Secretary to study the scope of the problem of fatigue-related automobile crashes.","title":"To amend title 23, United States Code, to provide incentives to States for the development of traffic safety programs to reduce crashes related to driver fatigue and sleep deprivation.","text_len":13453,"sum_len":1320} {"bill_id":"110_hr3486","text":"SECTION 1. ADVANCED MINE SAFETY EQUIPMENT CREDIT IN LIEU OF EXPENSING.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45O. ADVANCED MINE SAFETY EQUIPMENT CREDIT.\n\n ``(a) In General.--For purposes of section 38, the advanced mine \nsafety equipment credit determined under this section for the taxable \nyear is an amount equal to 50 percent of the amount paid or incurred by \nthe taxpayer during the taxable year for qualified advanced mine safety \nequipment property.\n ``(b) Qualified Advanced Mine Safety Equipment Property.--For \npurposes of this section, the term `qualified advanced mine safety \nequipment property' means any advanced mine safety equipment property \nfor use in any underground mine located in the United States--\n ``(1) the original use of which commences with the \n taxpayer,\n ``(2) which is property of a character subject to the \n allowance for depreciation, and\n ``(3) which is placed in service by the taxpayer after the \n date of the enactment of this section.\n ``(c) Advanced Mine Safety Equipment Property.--For purposes of \nthis section, the term `advanced mine safety equipment property' means \nany of the following:\n ``(1) Emergency communication technology or device which is \n used to allow a miner to maintain constant communication with \n an individual who is not in the mine.\n ``(2) Electronic identification and location device which \n allows an individual who is not in the mine to track at all \n times the movements and location of miners working in or at the \n mine.\n ``(3) Emergency oxygen-generating, self-rescue device which \n provides oxygen for at least 90 minutes.\n ``(4) Pre-positioned supplies of oxygen which (in \n combination with self-rescue devices) can be used to provide \n each miner on a shift, in the event of an accident or other \n event which traps the miner in the mine or otherwise \n necessitates the use of such a self-rescue device, the ability \n to survive for at least 48 hours.\n ``(5) Comprehensive atmospheric monitoring system which \n monitors the levels of carbon monoxide, methane, and oxygen \n that are present in all areas of the mine and which can detect \n smoke in the case of a fire in a mine.\n ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit \nis determined under this section in connection with any expenditure for \nany property, the increase in the basis of such property which would \n(but for this subsection) result from such expenditure shall be reduced \nby the amount of the credit so determined.\n ``(e) Reporting.--No credit shall be determined under subsection \n(a) with respect to any taxpayer for any taxable year unless such \ntaxpayer files with the Secretary a report containing such information \nwith respect to the operation of the mines of the taxpayer as the \nSecretary shall require.''.\n (b) Denial of Double Benefit.--Section 280C of such Code is amended \nby adding at the end the following new subsection:\n ``(f) Advanced Mine Safety Equipment Credit.--No deduction shall be \nallowed for that portion of the expenses otherwise allowable as a \ndeduction for the taxable year which is equal to the amount of the \ncredit determined for the taxable year under section 45O(a).''.\n (c) Allowance of Credit Against Alternative Minimum Tax.--\nSubparagraph (B) of section 38(c)(4) of such Code, as amended by this \nAct, is amended by striking ``and'' at the end of clause (iv), by \nstriking the period at the end of clause (v) and inserting ``, and'', \nand by adding at the end the following new clause:\n ``(vi) the credit determined under section \n 45O.''.\n (d) Repeal of Election to Expense Advanced Mine Safety Equipment.--\n (1) Part VI of subchapter B of chapter 1 of such Code is \n amended--\n (A) by striking section 179E, and\n (B) by striking the item relating to such section \n in the table of sections of such part.\n (2) Section 263(a)(1) of such Code is amended by striking \n subparagraph (L), by striking ``, or'' at the end of \n subparagraph (K) and inserting a period, and by inserting \n ``or'' at the end of subparagraph (J).\n (3) Section 312(k)(3)(B) of such Code is amended by \n striking ``179D, or 179E'' each place it appears in the heading \n and text thereof and inserting ``or 179D''.\n (4) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such \n Code are each amended by striking ``179E,''.\n (e) Conforming Amendments.--\n (1) Section 38(b) of such Code is amended by striking \n ``plus'' at the end of paragraph (30), by striking the period \n at the end of paragraph (31) and inserting ``, plus'', and by \n adding at the end the following:\n ``(32) the advanced mine safety equipment credit determined \n under section 45O(a).''.\n (2) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 45N the following new item:\n\n``Sec. 45O. Advanced mine safety equipment credit.''.\n (f) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 2. MINE RESCUE TEAM TRAINING CREDIT INCREASED, ALLOWED AGAINST \n AMT, AND MADE PERMANENT.\n\n (a) Increased Credit Amount.--Subsection (a) of section 45N of the \nInternal Revenue Code of 1986 is amended--\n (1) by striking ``20 percent'' in paragraph (1) and \n inserting ``40 percent'', and\n (2) by striking ``$10,000'' in paragraph (2) and inserting \n ``$20,000''.\n (b) Allowance of Credit Against Alternative Minimum Tax.--\nSubparagraph (B) of section 38(c)(4) of such Code is amended by \nstriking ``and'' at the end of clause (iii), by striking the period at \nthe end of clause (iv) and inserting ``, and'', and by adding at the \nend the following new clause:\n ``(v) the credit determined under section \n 45N.''.\n (c) Repeal of Termination.--Section 45N of such Code is amended by \nstriking subsection (e).\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after the date of the enactment of this Act.\n (2) Allowance of credit against alternative minimum tax.--\n The amendments made by subsection (b) shall apply to credits \n determined under section 45N of the Internal Revenue Code of \n 1986 in taxable years beginning after the date of the enactment \n of this Act, and to carrybacks of such credits.","summary":"Amends the Internal Revenue Code to allow a tax credit for 50 of the cost of qualified advanced mine safety equipment property . Defines such property to include: (1) an emergency communication technology or device for constant communication with individuals outside the mine, (2) an electronic identification and location device, (3) an emergency oxygen-generating device, (4) pre-positioned oxygen supplies. And (5) a comprehensive atmospheric monitoring system to monitor levels of carbon monoxide and other gases present in a mine. Revises the tax credit for mine rescue team training expenses to: (1) increase the amount of such credit. (2) allow such credit as an offset against the alternative minimum tax, and (3) make such credit permanent.","title":"To amend the Internal Revenue Code of 1986 to provide incentives for improving mine safety.","text_len":7171,"sum_len":749} {"bill_id":"104_s526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Occupational Safety and Health \nAmendments of 1995''.\n\nSEC. 2. EMPLOYEE PARTICIPATION.\n\n Section 4 of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 653) is amended by adding at the end the following new \nsubsection:\n ``(c) In order to carry out the purpose of this Act to encourage \nemployers and employees in their efforts to reduce the number of \noccupational safety and health hazards, an employee participation \ncommittee--\n ``(1) in which employees participate;\n ``(2) which exists for the purpose, in whole or in part, of \n dealing with employees concerning--\n ``(A) safe and healthful working conditions; or\n ``(B) any other related matters; and\n ``(3) which does not have, claim, or seek authority to \n negotiate or enter into collective bargaining agreements with \n the employer or to amend existing collective bargaining \n agreements between the employer and any labor organization,\nshall not constitute a `labor organization' for purposes of section \n8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a \nrepresentative for purposes of sections 1 and 2 of the Railway Labor \nAct (45 U.S.C. 151 and 151a).''.\n\nSEC. 3. RISK ASSESSMENT IN STANDARDS MAKING.\n\n (a) Priority for Establishing Standards.--Section 6(g) of the \nOccupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is \namended--\n (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and\n (2) by adding at the end the following new paragraph:\n ``(2) In determining the priority for establishing standards \nrelating to toxic materials or harmful physical agents, the Secretary \nshall consider the number of workers exposed to such materials or \nagents, the nature and severity of potential impairment, and the \nlikelihood of such impairment.''.\n (b) Risk Assessments for Final Standard.--Section 6 of the \nOccupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended \nby adding at the end the following new subsection:\n ``(h)(1) Notwithstanding any other provision of this Act, in \npromulgating any final occupational safety and health regulation or \nstandard, the Secretary shall publish in the Federal Register--\n ``(A) an estimate, calculated with as much specificity as \n practicable, of the risk to the health and safety of employees \n addressed by such regulation or standard, the affect of such \n regulation or standard on human health or the environment, and \n the costs associated with the implementation of, and compliance \n with, such regulation or standard;\n ``(B) a comparative analysis of the risk addressed by such \n regulation or standard relative to other risks to which \n employees are exposed; and\n ``(C) a certification that--\n ``(i) the estimate under subparagraph (A) and the \n analysis under subparagraph (B) are--\n ``(I) based upon a scientific evaluation of \n the risk to the health and safety of employees \n and to human health or the environment; and\n ``(II) supported by the best available \n scientific data;\n ``(ii) such regulation or standard will \n substantially advance the purpose of protecting \n employee health and safety or the environment against \n the specified identified risk; and\n ``(iii) such regulation or standard will produce \n benefits to employee health and safety or the \n environment that will justify the cost to the Federal \n Government and the public of the implementation of and \n compliance with such regulation or standard.\n ``(2) If the Secretary cannot make the certification required under \nparagraph (1)(C), the Secretary shall--\n ``(A) notify the Congress concerning the reasons why such \n certification cannot be made; and\n ``(B) publish a statement of such reasons with the final \n regulation or standard.\n ``(3) Nothing in this subsection shall be construed to grant a \ncause of action to any person.''.\n\nSEC. 4. CONSULTATION SERVICES.\n\n Section 21(c) of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 671(c)) is amended--\n (1) by striking ``(c) The'' and inserting ``(c)(1) The''; \n and\n (2) by adding at the end the following new paragraph:\n ``(2)(A) The Secretary shall, through the authority granted under \nsection 7(c) and paragraph (1), enter into cooperative agreements with \nStates for the provision of consultation services by such States to \nemployers concerning the provision of safe and healthful working \nconditions. A State that has a plan approved under section 18 shall be \neligible to enter into a cooperative agreement under this paragraph \nonly if such plan does not include provisions for federally funded \nconsultation to employers.\n ``(B)(i) Except as provided in clause (ii), the Secretary shall \nreimburse a State that enters into a cooperative agreement under \nsubparagraph (A) in an amount that equals 90 percent of the costs \nincurred by the State under such agreement.\n ``(ii) A State shall be fully reimbursed by the Secretary for--\n ``(I) training approved by the Secretary for State staff \n operating under a cooperative agreement; and\n ``(II) specified out-of-State travel expenses incurred by \n such staff.\n ``(iii) A reimbursement paid to a State under this subparagraph \nshall be limited to costs incurred by such State for the provision of \nconsultation services under this paragraph and the costs described in \nclause (ii).''.\n\nSEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS.\n\n Section 17 of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 666) is amended--\n (1) in subsection (c), by striking ``up to $7,000'' and \n inserting ``not more than $25'';\n (2) in subsection (i), to read as follows:\n ``(i) Any employer who violates any of the posting or recordkeeping \nrequirements prescribed under this Act shall not be assessed a civil \npenalty for such violation unless it is determined that the employer \nhas violated subsection (a) or (d) with respect to such posting or \nrecordkeeping requirements.''; and\n (3) in subsection (h), to read as follows:\n ``(h) Notwithstanding any other provision of law, the Secretary \nshall not assess a civil penalty, which is authorized under this \nsection, for more than one instance of a violation of any applicable \nregulation, rule, order, or regulation prescribed under the provisions \nof this Act.''.\n\nSEC. 6. WARNINGS IN LIEU OF CITATIONS.\n\n Subsection (a) of section 9 of the Occupational Safety and Health \nAct (29 U.S.C. 658(a)) is amended to read as follows:\n ``(a)(1) Except as provided in paragraph (2), if, upon inspection \nor investigation, the Secretary or an authorized representative of the \nSecretary believes that an employer has violated a requirement of \nsection 5, of any regulation, rule, or order promulgated pursuant to \nsection 6, or of any regulations prescribed pursuant to this Act, the \nSecretary may with reasonable promptness issue a citation to the \nemployer. Each citation shall be in writing and shall describe with \nparticularity the nature of the violation, including a reference to the \nprovision of the Act, regulation, rule, or order alleged to have been \nviolated. The citation shall fix a reasonable time for the abatement of \nthe violation.\n ``(2) The Secretary or the authorized representative of the \nSecretary shall issue a warning in lieu of a citation with respect to--\n ``(A) violations that have no significant relationship to \n employee safety or health; or\n ``(B) cases in which the employer in good faith acts \n promptly to abate the violation.\n ``(3) Nothing in this Act shall prohibit the Secretary or the \nauthorized representative of the Secretary from providing technical \nassistance to an employer in correcting a violation discovered during \nan inspection or investigation under this Act.''.","summary":"Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Provides for risk assessment in standards making. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents. Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made. Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. Reduces penalties for nonserious violations. Provides for warnings in lieu of citations.","title":"Occupational Safety and Health Amendments of 1995","text_len":8432,"sum_len":1078} {"bill_id":"103_hr2829","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sexual Harassment Prevention Act of \n1993''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) Sexual harassment in employment persists widely in the \n workplace, although it violates title VII of the Civil Rights \n Act of 1964 and adversely affects employees.\n (2) According to guidelines issued by the Equal Employment \n Opportunity Commission in 1980, the most effective tool for \n eliminating sexual harassment is prevention.\n (3) The United States Merit Systems Protection Board found \n in 1981 and 1988 surveys of Federal Government employees that \n 42 percent of female employees and 14 percent of male employees \n questioned had experienced some kind of harassment in \n employment. The American Psychological Association estimates \n that at least \\1\/2\\ of all working women have been sexually \n harassed at the workplace during their careers.\n (4) The vast majority of sexual harassment episodes go \n unreported to a supervisory employee or other individual \n designated by the employer. Only 5 percent of the Government \n employees who indicated in the 1988 Merit Systems Protection \n Board survey that they had been harassed filed a formal \n complaint or requested an investigation of the harassment.\n (5) Sexual harassment has a significant cost for employees \n and employers. A 1988 study by Working Woman Magazine shows \n that sexual harassment costs a typical ``Fortune 500'' employer \n $6,000,000, or $292.53 per employee, each year. The same study \n estimates that it is 34 times more expensive for such an \n employer to ignore the problem than it is to establish \n effective programs and policies to address the problem.\n (6) Most job growth over the next decade is expected to \n occur in employment by small employers. Sixty-six percent of \n the individuals who will enter the work force during this \n period are expected to be female. The establishment of programs \n and policies in small-business environments, at a low cost to \n employers, will be a key prevention priority to reduce sexual \n harassment in employment.\n (b) Purposes.--The purposes of this Act are--\n (1) to establish workplace requirements that will reduce \n the incidence of sexual harassment in employment,\n (2) to provide a low-cost system to assist employers to \n establish programs and policies to prevent sexual harassment in \n employment,\n (3) to raise the awareness of employees of the definition \n of sexual harassment and of available avenues of redress, and\n (4) to increase the authority and capacity of the Equal \n Employment Opportunity Commission to assist in preventing \n sexual harassment in employment.\n\nSEC. 3. EMPLOYER REQUIREMENTS.\n\n (a) Posting of Notice in the Workplace.--Each employer shall post \nand keep posted in conspicuous places upon its premises where notices \nto employees and applicants for employment are customarily posted, a \nnotice that shall be prepared or approved by the Commission and shall \nset forth--\n (1) the definition of sexual harassment found in section \n 1604.11(a) of title 29 of the Code of Federal Regulations (July \n 1, 1992),\n (2) the fact that sexual harassment in employment is a \n violation of title VII of the Civil Rights Act of 1964,\n (3) information describing how to file with the Commission \n a complaint alleging such harassment, including information on \n the time periods within which an alleged victim of \n discrimination (including sexual harassment) must file a charge \n with the Equal Employment Opportunity Commission, or a State or \n local fair employment agency, in order to satisfy the statute \n of limitations applicable to claims under title VII,\n (4) an address, and the toll-free telephone number, to be \n used to contact the Commission regarding such harassment or \n compliance with the requirements of this Act, and\n (5) such other information as the Commission may require.\n (b) Separate Notice to Individual Employees.--Each employer shall \nprovide annually to each employee separately a written notice that \nincludes--\n (1) the matters specified in paragraphs (1) through (4) of \n subsection (a),\n (2) a description of the procedures established by such \n employer to resolve allegations of sexual harassment in \n employment, and\n (3) such other information as the Commission may require.\nSuch notice shall be provided in a manner that ensures that such \nemployee actually receives such notice.\n (c) Management Information for Supervisory Employees.--Not later \nthan 60 days after an employer places an individual in a supervisory \nemployment position or 1 year after the date of the enactment of this \nAct, whichever occurs later, such employer shall provide to the \nsupervisory employee information specifying the responsibilities of, \nand the methods to be used by, such employee to ensure that immediate \nand corrective action is taken to address allegations of sexual \nharassment in employment.\n (d) Civil Penalty.--A willful violation of this section shall be \npunishable by a civil penalty of not more than $1,000 for each separate \nviolation.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n (a) Technical Assistance Materials.--Not later than 180 days after \nthe date of the enactment of this Act, the Commission shall prepare, \nrevise from time to time as needed, and make available to employers at \nno cost (by publication in the Federal Register or other means)--\n (1) a model notice of the kind required by section 3(a) to \n be posted,\n (2) a model notice of the kind required by section 3(b) to \n be provided to employees, and\n (3) voluntary guidelines for the establishment of policies \n and procedures by employers to address allegations of \n discrimination (including sexual harassment) in employment.\n (b) Toll-Free Telephone Number.--Not later than 180 days after the \ndate of the enactment of this Act, the Commission shall provide a toll-\nfree telephone number for use by employees and employers in the United \nStates to obtain--\n (1) information regarding compliance with this Act, and\n (2) the model notices and guidelines prepared under \n subsection (a).\n\nSEC. 5. ENFORCEMENT.\n\n Section 3 shall be enforced--\n (1) by the Commission with respect to violations alleged by \n employees as defined in subparagraphs (A), (B), and (E) of \n section 6(2),\n (2) by the House of Representatives in the manner described \n in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 \n U.S.C. 60l) with respect to violations alleged by employees as \n defined in section 6(2)(C) of this Act, and\n (3) by the Senate in the manner described in the Government \n Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect \n to violations alleged by employees as defined in section \n 6(2)(D) of this Act.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Commission'' means the Equal Employment \n Opportunity Commission,\n (2) the term ``employee'' means--\n (A) an employee as defined in section 701(f) of the \n Civil Rights Act of 1964 (42 U.S.C. 2000e(f)),\n (B) an employee referred to in section 717(a) of \n such Act (42 U.S.C. 2000e-16(a)),\n (C) an employee in an employment position of the \n House of Representatives,\n (D) a Senate employee as defined in section \n 301(c)(1) of the Government Employee Rights Act of 1991 \n (2 U.S.C. 1201(c)(1)), or\n (E) an employee (other than a Senate employee) in \n an employment position of an instrumentality of the \n Congress,\n (3) the term ``employer'' means--\n (A) an employer as defined in section 701(b) of the \n Civil Rights Act of 1964 (42 U.S.C. 2000e(b)),\n (B) a Federal entity to which section 717(a) of the \n Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) \n applies, or\n (C) an employing authority of the House of \n Representatives, of the Senate, or of an \n instrumentality of the Congress,\n (4) the term ``instrumentality of the Congress'' means the \n Architect of the Capitol, the Congressional Budget Office, the \n Office of Technology Assessment, the United States Botanic \n Garden, and those units of the Government Printing Office with \n positions in the excepted service, and\n (5) the term ``sexual harassment'' has the same meaning as \n such term has for purposes of title VII of the Civil Rights Act \n of 1964 (42 U.S.C. 2000e-2000e-17).\n\nSEC. 7. EFFECTIVE DATES.\n\n (a) General Effective Date.--Except as provided in subsection (b), \nthis Act shall take effect on the date of the enactment of this Act.\n (b) Effective Date of Section 3.--Section 3 shall take effect 1 \nyear after the date of the enactment of this Act.","summary":"Sexual Harassment Prevention Act of 1993 - Directs employers to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations. (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964. (3) information describing how to file a complaint with the Commission alleging such harassment. (4) an address and toll-free number to be used to contact the Commission. And (5) other information required by the Commission. Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. Prescribes civil penalties for willful violations of this Act. Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.","title":"Sexual Harassment Prevention Act of 1993","text_len":9744,"sum_len":1326} {"bill_id":"103_s52","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hospital to Home- and Community-Care \nLinkage Development and Incentive Grant Program''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) demonstration programs and projects have been developed \n to offer care management to hospitalized individuals awaiting \n discharge who are in need of long-term health care services \n that meet individual needs and preferences in home- and \n community-based settings as an alternative to long-term nursing \n home care or institutional placement; and\n (2) there is a need to disseminate information and \n technical assistance to hospitals and State and local community \n organizations regarding such programs and projects and to \n provide incentive grants to State and local public and private \n agencies, including area agencies on aging, to establish and \n expand programs that offer care management to individuals \n awaiting discharge from acute care hospitals who are in need of \n long-term care so that services to meet individual needs and \n preferences can be arranged in home- and community-based \n settings as an alternative to long-term placement in nursing \n homes or other institutional settings.\n\nSEC. 3. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND \n INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL \n LINKAGE PROGRAMS.\n\n Part C of title III of the Public Health Service Act (42 U.S.C. 248 \net seq.) is amended by adding at the end thereof the following new \nsection:\n\n``SEC. 327B. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND \n INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL \n LINKAGE PROGRAMS.\n\n ``(a) Dissemination of Information.--The Secretary shall compile, \nevaluate, publish and disseminate to appropriate State and local \nofficials and to private organizations and agencies that provide \nservices to individuals in need of long-term health care services, such \ninformation and materials as may assist such entities in replicating \nsuccessful programs that are aimed at offering care management to \nhospitalized individuals who are in need of long-term care so that \nservices to meet individual needs and preferences can be arranged in \nhome- and community-based settings as an alternative to long-term \nnursing home placement. The Secretary may provide technical assistance \nto entities seeking to replicate such programs.\n ``(b) Incentive Grants to Assist in the Development of Hospital \nLinkage Programs.--The Secretary shall establish a program under which \nincentive grants may be awarded to assist private and public agencies, \nincluding area agencies on aging, and organizations in developing and \nexpanding programs and projects that facilitate the discharge of \nindividuals in hospitals or other acute care facilities who are in need \nof long-term care services and placement of such individuals into home- \nand community-based settings.\n ``(c) Administrative Provisions.--\n ``(1) Eligible entities.--To be eligible to receive a grant \n under subsection (b) an entity shall be--\n ``(A)(i) a State agency as defined in section \n 102(43) of the Older Americans Act of 1965; or\n ``(ii) a State agency responsible for administering \n home and community care programs under title XIX of the \n Social Security Act; or\n ``(B) if no State agency described in subparagraph \n (A) applies with respect to a particular State, a \n public or nonprofit private entity.\n ``(2) Applications.--To be eligible to receive an incentive \n grant under subsection (b), an entity shall prepare and submit \n to the Secretary an application at such time, in such manner \n and containing such information as the Secretary may require, \n including--\n ``(A) an assessment of the need within the \n community to be served for the establishment or \n expansion of a program to facilitate the discharge of \n individuals in need of long-term care who are in \n hospitals or other acute care facilities into home- and \n community-care programs that provide individually \n planned, flexible services that reflect individual \n choice or preference rather than nursing home or \n institutional settings;\n ``(B) a plan for establishing or expanding a \n program for identifying individuals in hospital or \n acute care facilities who are in need of individualized \n long-term care provided in home- and community-based \n settings rather than nursing homes or other \n institutional settings and undertaking the planning and \n management of individualized care plans to facilitate \n discharge into such settings;\n ``(C) assurances that nongovernmental case \n management agencies funded under grants awarded under \n this section are not direct providers of home- and \n community-based services;\n ``(D) satisfactory assurances that adequate home- \n and community-based long term care services are \n available, or will be made available, within the \n community to be served so that individuals being \n discharged from hospitals or acute care facilities \n under the proposed program can be served in such home- \n and community-based settings, with flexible, \n individualized care which reflects individual choice \n and preference;\n ``(E) a description of the manner in which the \n program to be administered with amounts received under \n the grant will be continued after the termination of \n the grant for which such application is submitted; and\n ``(F) a description of any waivers or approvals \n necessary to expand the number of individuals served in \n federally funded home- and community-based long term \n care programs in order to provide satisfactory \n assurances that adequate home- and community-based long \n term care services are available in the community to be \n served.\n ``(3) Awarding of grants.--\n ``(A) Preferences.--In awarding grants under \n subsection (b), the Secretary shall give preference to \n entities submitting applications that--\n ``(i) demonstrate an ability to coordinate \n activities funded using amounts received under \n the grant with programs providing \n individualized home- and community-based case \n management and services to individuals in need \n of long term care with hospital discharge \n planning programs; and\n ``(ii) demonstrate that adequate home- and \n community-based long term care management and \n services are available, or will be made \n available to individuals being served under the \n program funded with amounts received under \n subsection (b).\n ``(B) Distribution.--In awarding grants under \n subsection (b), the Secretary shall ensure that such \n grants--\n ``(i) are equitably distributed on a \n geographic basis;\n ``(ii) include projects operating in urban \n areas and projects operating in rural areas; \n and\n ``(iii) are awarded for the expansion of \n existing hospital linkage programs as well as \n the establishment of new programs.\n ``(C) Expedited consideration.--The Secretary shall \n provide for the expedited consideration of any waiver \n application that is necessary under title XIX of the \n Social Security Act to enable an applicant for a grant \n under subsection (b) to satisfy the assurance required \n under paragraph (1)(D).\n ``(4) Use of grants.--An entity that receives amounts under \n a grant under subsection (b) may use such amounts for planning, \n development and evaluation services and to provide \n reimbursements for the costs of one or more case mangers to be \n located in or assigned to selected hospitals who would--\n ``(A) identify patients in need of individualized \n care in home- and community-based long-term care;\n ``(B) assess and develop care plans in cooperation \n with the hospital discharge planning staff; and\n ``(C) arrange for the provision of community care \n either immediately upon discharge from the hospital or \n after any short term nursing-home stay that is needed \n for recuperation or rehabilitation;\n ``(5) Direct services subject to reimbursements.--None of \n the amounts provided under a grant under this section may be \n used to provide direct services, other than case management, \n for which reimbursements are otherwise available under title \n XVIII or XIX of the Social Security Act.\n ``(6) Limitations.--\n ``(A) Term.--Grants awarded under this section \n shall be for terms of less than 3 years.\n ``(B) Amount.--Grants awarded to an entity under \n this section shall not exceed $300,000 per year. The \n Secretary may waive the limitation under this \n subparagraph where an applicant demonstrates that the \n number of hospitals or individuals to be served under \n the grant justifies such increased amounts.\n ``(C) Supplanting of funds.--Amounts awarded under \n a grant under this section may not be used to supplant \n existing State funds that are provided to support \n hospital link programs.\n ``(d) Evaluation and Reports.--\n ``(1) By grantees.--An entity that receives a grant under \n this section shall evaluate the effectiveness of the services \n provided under the grant in facilitating the placement of \n individuals being discharged from hospitals or acute care \n facilities into home- and community-based long term care \n settings rather than nursing homes. Such entity shall prepare \n and submit to the Secretary a report containing such \n information and data concerning the activities funded under the \n grant as the Secretary determines appropriate.\n ``(2) By secretary.--Not later than the end of the third \n fiscal year for which funds are appropriated under subsection \n (e), the Secretary shall prepare and submit to the appropriate \n committees of Congress, a report concerning the results of the \n evaluations and reports conducted and prepared under paragraph \n (1).\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section, $5,000,000 for each of the \nfiscal years 1994 through 1996.''.","summary":"Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program - Amends the Public health Service Act to direct the Secretary of Health and Human Services to disseminate information and materials to assist specified entities in replicating successful programs aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. Authorizes the Secretary to provide technical assistance to such entities. Directs the Secretary to establish a program under which incentive grants may be awarded to assist agencies and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. Sets forth provisions regarding: (1) eligibility to receive grants, (2) application requirements, (3) criteria for the award of grants, (4) use of, and limitations on, grants, and (5) evaluation and reports. Authorizes appropriations.","title":"Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program","text_len":12053,"sum_len":1229} {"bill_id":"112_hr4304","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defense of Environment and Property \nAct of 2012''.\n\nSEC. 2. NAVIGABLE WATERS.\n\n (a) In General.--Section 502 of the Federal Water Pollution Control \nAct (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting \nthe following:\n ``(7) Navigable waters.--\n ``(A) In general.--The term `navigable waters' \n means the waters of the United States, including the \n territorial seas, that are--\n ``(i) navigable-in-fact; or\n ``(ii) permanent, standing, or continuously \n flowing bodies of water that form geographical \n features commonly known as streams, oceans, \n rivers, and lakes that are connected to waters \n that are navigable-in-fact.\n ``(B) Exclusions.--The term `navigable waters' does \n not include--\n ``(i) waters that--\n ``(I) do not physically abut waters \n described in subparagraph (A); and\n ``(II) lack a continuous surface \n water connection to navigable waters;\n ``(ii) man-made or natural structures or \n channels--\n ``(I) through which water flows \n intermittently or ephemerally; or\n ``(II) that periodically provide \n drainage for rainfall; or\n ``(iii) wetlands without a continuous \n surface connection to bodies of water that are \n waters of the United States.\n ``(C) EPA and corps activities.--An activity \n carried out by the Administrator or the Corps of \n Engineers shall not, without explicit State \n authorization, impinge upon the traditional and primary \n power of States over land and water use.\n ``(D) Aggregation; wetlands.--\n ``(i) Aggregation.--Aggregation of wetlands \n or waters not described in clauses (i) through \n (iii) of subparagraph (B) shall not be used to \n determine or assert Federal jurisdiction.\n ``(ii) Wetlands.--Wetlands described in \n subparagraph (B)(iii) shall not be considered \n to be under Federal jurisdiction.\n ``(E) Appeals.--A jurisdictional determination by \n the Administrator that would affect the ability of a \n State to plan the development and use (including \n restoration, preservation, and enhancement) of land and \n water resources may be appealed by the State during the \n 30-day period beginning on the date of the \n determination.\n ``(F) Treatment of ground water.--Ground water \n shall--\n ``(i) be considered to be State water; and\n ``(ii) not be considered in determining or \n asserting Federal jurisdiction over isolated or \n other waters, including intermittent or \n ephemeral water bodies.''.\n (b) Prohibition on Use of Nexus Test.--Notwithstanding any other \nprovision of law, the Administrator of the Environmental Protection \nAgency may not use a significant nexus test (as used by the \nEnvironmental Protection Agency in the document listed in section \n3(a)(3) of this Act) to determine Federal jurisdiction over navigable \nwaters and waters of the United States (as those terms are defined and \nused, respectively, in section 502 of the Federal Water Pollution \nControl Act (33 U.S.C. 1362)).\n (c) Applicability.--Nothing in this section or the amendments made \nby this section affects or alters any exemption under--\n (1) section 402(l) of the Federal Water Pollution Control \n Act (33 U.S.C. 1342(l)); or\n (2) section 404(f) of the Federal Water Pollution Control \n Act (33 U.S.C. 1344(f)).\n\nSEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.\n\n (a) In General.--The following regulations and guidance shall have \nno force or effect:\n (1) The final rule of the Corps of Engineers entitled \n ``Final Rule for Regulatory Programs of the Corps of \n Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).\n (2) The proposed rule of the Environmental Protection \n Agency entitled ``Advance Notice of Proposed Rulemaking on the \n Clean Water Act Regulatory Definition of `Waters of the United \n States''' (68 Fed. Reg. 1991 (January 15, 2003)).\n (3) The guidance document entitled ``Clean Water Act \n Jurisdiction Following the U.S. Supreme Court's Decision in \n `Rapanos v. United States' & `Carabell v. United States''' \n (December 2, 2008) (relating to the definition of waters under \n the jurisdiction of the Federal Water Pollution Control Act (33 \n U.S.C. 1251 et seq.)).\n (4) Any subsequent regulation of or guidance issued by any \n Federal agency that defines or interprets the term ``navigable \n waters''.\n (b) Prohibition.--The Secretary of the Army, acting through the \nChief of Engineers, and the Administrator of the Environmental \nProtection Agency shall not promulgate any rules or issue any guidance \nthat expands or interprets the definition of navigable waters unless \nexpressly authorized by Congress.\n\nSEC. 4. STATE REGULATION OF WATER.\n\n Nothing in this Act affects, amends, or supersedes--\n (1) the right of a State to regulate waters in the State; \n or\n (2) the duty of a landowner to adhere to any State nuisance \n laws (including regulations) relating to waters in the State.\n\nSEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.\n\n Section 308 of the Federal Water Pollution Control Act (33 U.S.C. \n1318) is amended by striking subsection (a) and inserting the \nfollowing:\n ``(a) In General.--\n ``(1) Entry by federal agency.--A representative of a \n Federal agency shall only enter private property to collect \n information about navigable waters if the owner of that \n property--\n ``(A) has consented to the entry in writing;\n ``(B) is notified regarding the date of the entry; \n and\n ``(C) is given access to any data collected from \n the entry.\n ``(2) Access.--If a landowner consents to entry under \n paragraph (1), the landowner shall have the right to be present \n at the time any data collection on the property of the \n landowner is carried out.''.\n\nSEC. 6. COMPENSATION FOR REGULATORY TAKING.\n\n (a) In General.--If a Federal regulation relating to the definition \nof navigable waters or waters of the United States diminishes the fair \nmarket value or economic viability of a property, as determined by an \nindependent appraiser, the Federal agency issuing the regulation shall \npay the affected property owner an amount equal to twice the value of \nthe loss.\n (b) Administration.--Any payment provided under subsection (a) \nshall be made from the amounts made available to the relevant agency \nhead for general operations of the agency.\n (c) Applicability.--A Federal regulation described in subsection \n(a) shall have no force or effect until the date on which each \nlandowner with a claim under this section relating to that regulation \nhas been compensated in accordance with this section.","summary":"Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act to redefine navigable waters to specify that included territorial seas are those that are: (1) navigable-in-fact. Or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters. (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall. Or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States. Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use. Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction. And (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction. Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination. Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters. Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. Gives no force or effect to: (1) the Corps' rule entitled Final Rule for Regulatory Programs of the Corps of Engineers. (2) EPA's proposed rule entitled Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'. (3) the guidance document entitled Clean Water Act Jurisdiction Following the US Supreme Court's Decision in Rapanos v. United States Carabell v. United States. And (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term navigable waters. Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters. Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.","title":"To clarify the definition of navigable waters, and for other purposes.","text_len":8052,"sum_len":3140} {"bill_id":"111_s4039","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campus Sexual Violence Elimination \nAct'' or the ``Campus SaVE Act''.\n\nSEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING \n EDUCATION AND PREVENTION.\n\n Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. \n1092(f)) is amended--\n (1) by amending paragraph (8) to read as follows:\n ``(8)(A) Each institution of higher education participating in any \nprogram under this title, other than a foreign institution of higher \neducation, shall develop and distribute as part of the report described \nin paragraph (1) a statement of policy regarding--\n ``(i) such institution's sexual assault and other intimate \n partner violence programs, which shall be aimed at prevention \n of sex offenses and other intimate partner violence, including \n stalking, dating violence, sexual violence, and domestic \n violence offenses;\n ``(ii) the procedures followed once a sex offense or other \n intimate partner violence, including stalking, dating violence, \n sexual violence, or domestic violence offenses has occurred, \n which shall include--\n ``(I) providing, in writing, to each student or \n employee who reports to the institution that he or she \n has been a victim of a sex offense or other intimate \n partner violence--\n ``(aa) an explanation of the right of \n victims of such offenses to notify proper law \n enforcement authorities, including on-campus \n and local police, and the option to be assisted \n by campus authorities in notifying such \n authorities, if the student or employee so \n chooses;\n ``(bb) an explanation of the right of \n victims of such offenses, when relevant, to \n obtain an order of protection, no contact \n order, restraining order, or similar lawful \n order issued by a criminal or civil court or \n enforce an order already in existence; and\n ``(cc) contact information for advocacy, \n counseling, health, mental health, legal \n assistance and other services available to \n victims both on-campus and in the local \n community; and\n ``(II) the institution honoring any order of \n protection, no contact order, restraining order, or \n similar lawful order issued by any criminal or civil \n court.\n ``(B) The policy described in subparagraph (A) shall address the \nfollowing areas:\n ``(i) Education programs to promote the awareness of sex \n offenses and other intimate partner violence, including \n stalking, dating violence, sexual violence, and domestic \n violence offenses, which shall include--\n ``(I) primary prevention and awareness programming \n for all incoming students and new employees, including \n information about--\n ``(aa) the definition of consent in sexual \n relationships;\n ``(bb) reporting such sex offenses, \n including those offenses occurring on and off \n campus;\n ``(cc) bystander intervention; and\n ``(dd) risk reduction; and\n ``(II) ongoing prevention and awareness campaigns \n to students and faculty, including information \n described in items (aa) through (dd) of subclause (I).\n ``(ii) Possible sanctions to be imposed following the final \n determination of an institutional disciplinary procedure \n regarding sex offenses or other intimate partner violence.\n ``(iii) Procedures victims should follow if a sex offense \n described in clause (ii) occurs, including who should be \n contacted, the importance of preserving evidence as may be \n necessary to the proof of criminal sexual assault, and to whom \n the alleged offense should be reported.\n ``(iv) Procedures for on-campus disciplinary action in \n cases of an alleged sexual offense or other intimate partner \n violence, including stalking, dating violence, sexual violence, \n or domestic violence offenses, which shall include a clear \n statement that--\n ``(I) any accuser shall have the opportunity to \n request that prompt disciplinary proceedings be \n initiated against the accused;\n ``(II) such proceedings shall--\n ``(aa) be conducted by officials trained to \n understand the issues of sex offenses and other \n intimate partner violence; and\n ``(bb) use the preponderance of the \n evidence standard;\n ``(III) the accuser and the accused are entitled to \n the same opportunities to have others present during an \n institutional disciplinary proceeding, including the \n opportunity to be accompanied to any related meeting or \n proceeding by an advisor of their choice; and\n ``(IV) both the accuser and the accused shall be \n informed, in writing, of the final results of any \n institutional disciplinary proceeding brought alleging \n a sex offense or other intimate partner violence within \n one business day of such outcome being reached.\n ``(v) A student or employee who reports to the institution \n that he or she have been the victim of a sex offense or \n intimate partner violence shall receive notification of options \n for, and available assistance in, changing academic, living, \n transportation, and working situations, if such assistance is \n requested by the student or employee and if such accommodations \n are reasonably available.\n ``(C) Nothing in this paragraph shall be construed to confer a \nprivate right of action upon any person to enforce the provisions of \nthis paragraph.'';\n (2) in paragraph (6), by adding at the end of subparagraph \n (A) the following new clauses:\n ``(iv) The term `intimate partner \n violence'--\n ``(I) means any physical, sexual, \n or psychological harm against an \n individual by a current or former \n partner or spouse of the individual;\n ``(II) includes stalking, dating \n violence, sexual violence, or domestic \n violence offense;\n ``(III) includes such harm against \n individuals in heterosexual and same-\n sex relationships; and\n ``(IV) does not require sexual \n intimacy between the individual and \n such partner or spouse.\n ``(v) The term `stalking' means an \n individual willfully and repeatedly engaging in \n a knowing course of harassing conduct directed \n at another individual that reasonably and \n seriously alarms, torments, or terrorizes such \n individual.\n ``(vi) The term `primary prevention' means \n programming and strategies intended to stop \n sexual and intimate partner violence before it \n occurs through the changing of social norms and \n other approaches.\n ``(vii) The term `awareness programming' \n means any program designed to alert students to \n the prevalence of intimate partner violence, \n sexual violence, and stalking, including--\n ``(I) discussions of the nature and \n number of cases of intimate partner \n violence, sexual violence, forcible sex \n offenses, and stalking reported at an \n institution of higher education in the \n 3 preceding calendar years;\n ``(II) statistics on the outcomes \n of disciplinary proceedings for such \n cases at such institution; and\n ``(III) risk factors associated \n with such cases, including physically, \n sexually, and psychologically \n controlling behavior.\n ``(viii) The term `bystander intervention' \n means safe and positive options that may be \n carried out by an individual to prevent or \n intervene when there is a risk of sexual \n violence against a person other than such \n individual.\n ``(ix) The term `risk reduction' means \n options for recognizing warning signs of \n abusive personalities and how to fight back \n against potential attackers.\n ``(x) The term `final results' means a \n decision or determination, made by an honor \n court or council, committee, commission, or \n other entity authorized to resolve disciplinary \n matters within the institution. The disclosure \n of final results shall include only the name of \n the accused, the violation alleged (including \n any institutional rules or code sections that \n were allegedly violated), essential findings \n supporting such final result, and any sanction \n imposed by the institution against the accused \n (including a description of any disciplinary \n action taken by the institution, the date of \n the imposition of such action, and the duration \n of such action).''; and\n (3) by adding at the end of paragraph (16) the following \n new sentence: ``The Secretary shall seek the advice and counsel \n of the Attorney General concerning the development, and \n dissemination to institutions of higher education, of best \n practices information about preventing and responding to \n incidents of sex offenses, forcible and nonforcible, and other \n intimate partner violence including stalking, dating violence, \n sexual violence, and domestic violence offenses.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect with respect to \nany annual security report under section 485(f)(1) of the Higher \nEducation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution \nof higher education in calendar year 2012 and any subsequent calendar \nyear.","summary":"Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs. Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so. (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor. And (3) contact information for victim services on-campus and in the locality. Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses, (2) possible sanctions imposed following disciplinary action, (3) procedures victims should follow after such an offense occurs, (4) on-campus disciplinary procedures. And (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations. Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.","title":"A bill to amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, intimate partner violence, and stalking.","text_len":12132,"sum_len":1633} {"bill_id":"106_s1827","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transition to Teaching Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) School districts will need to hire more than 2,000,000 \n teachers in the next decade. The need for teachers in the areas \n of mathematics, science, foreign languages, special education, \n and bilingual education, and for those able to teach in high-\n poverty school districts will be particularly high. To meet \n this need, talented Americans of all ages should be recruited \n to become successful, qualified teachers.\n (2) Nearly 28 percent of teachers of academic subjects have \n neither an undergraduate major nor minor in their main \n assignment fields. This problem is more acute in high-poverty \n schools, where the out-of-field percentage is 39 percent.\n (3) The Third International Math and Science Study (TIMSS) \n ranked United States high school seniors last among 16 \n countries in physics and next to last in mathematics. It is \n also evident, mainly from the TIMSS data, that based on \n academic scores, a stronger emphasis needs to be placed on the \n academic preparation of our children in mathematics and \n science.\n (4) One-fourth of high-poverty schools find it very \n difficult to fill bilingual teaching positions, and nearly half \n of public school teachers have students in their classrooms for \n whom English is a second language.\n (5) Many career-changing professionals with strong content-\n area skills are interested in a teaching career, but need \n assistance in getting the appropriate pedagogical training and \n classroom experience.\n (6) The Troops to Teachers model has been highly successful \n in linking high-quality teachers to teach in high-poverty \n districts.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to address the need of high-poverty \nschool districts for highly qualified teachers in particular subject \nareas, such as mathematics, science, foreign languages, bilingual \neducation, and special education, needed by those school districts, \nby--\n (1) continuing and enhancing the Troops to Teachers model \n for recruiting and supporting the placement of such teachers; \n and\n (2) recruiting, preparing, placing, and supporting career-\n changing professionals who have knowledge and experience that \n will help them become such teachers.\n\nSEC. 4. PROGRAM AUTHORIZED.\n\n (a) Authority.--Subject to subsection (b), the Secretary is \nauthorized to use funds appropriated under subsection (c) for each \nfiscal year to award grants, contracts, or cooperative agreements to \ninstitutions of higher education and public and private nonprofit \nagencies or organizations to carry out programs authorized by this Act.\n (b) Troops to Teachers.--\n (1) In general.--Before making awards under subsection (a) \n for any fiscal year, the Secretary shall first--\n (A) consult with the Secretary of Defense and the \n Secretary of Transportation regarding the appropriate \n amount of funding needed to continue and enhance the \n Troops to Teachers program; and\n (B) upon agreement, transfer that amount to the \n Defense Activity for Non-Traditional Education Support \n (DANTES) to carry out the Troops to Teachers program.\n (2) Continuation of program.--The Secretary may enter into \n a written agreement with the Departments of Defense and \n Transportation, or take such other steps as the Secretary \n determines are appropriate to ensure effective continuation of \n the Troops to Teachers program.\n (c) Authorization of Appropriations.--For the purpose of carrying \nout this Act, there are authorized to be appropriated $18,000,000 for \neach of fiscal years 2000 through 2005.\n\nSEC. 5. APPLICATION.\n\n Each applicant that desires an award under section 4(a) shall \nsubmit an application to the Secretary containing such information as \nthe Secretary requires, including--\n (1) a description of the target group of career-changing \n professionals upon which the applicant will focus in carrying \n out its program under this Act, including a description of the \n characteristics of that target group that shows how the \n knowledge and experience of its members are relevant to meeting \n the purpose of this Act;\n (2) a description of how the applicant will identify and \n recruit program participants;\n (3) a description of the training that program participants \n will receive and how that training will relate to their \n certification as teachers;\n (4) a description of how the applicant will ensure that \n program participants are placed and teach in high-poverty local \n educational agencies;\n (5) a description of the teacher induction services (which \n may be provided through existing induction programs) the \n program participants will receive throughout at least their \n first year of teaching;\n (6) a description of how the applicant will collaborate, as \n needed, with other institutions, agencies, or organizations to \n recruit, train, place, and support program participants under \n this Act, including evidence of the commitment of those \n institutions, agencies, or organizations to the applicant's \n program;\n (7) a description of how the applicant will evaluate the \n progress and effectiveness of its program, including--\n (A) the program's goals and objectives;\n (B) the performance indicators the applicant will \n use to measure the program's progress; and\n (C) the outcome measures that will be used to \n determine the program's effectiveness; and\n (8) an assurance that the applicant will provide to the \n Secretary such information as the Secretary determines \n necessary to determine the overall effectiveness of programs \n under this Act.\n\nSEC. 6. USES OF FUNDS AND PERIOD OF SERVICE.\n\n (a) Authorized Activities.--Funds under this Act may be used for--\n (1) recruiting program participants, including informing \n them of opportunities under the program and putting them in \n contact with other institutions, agencies, or organizations \n that would train, place, and support them;\n (2) training stipends and other financial incentives for \n program participants, not to exceed $5,000 per participant;\n (3) assisting institutions of higher education or other \n providers of teacher training to tailor their training to meet \n the particular needs of professionals who are changing their \n careers to teaching;\n (4) placement activities, including identifying high-\n poverty local educational agencies with a need for the \n particular skills and characteristics of the newly trained \n program participants and assisting those participants to obtain \n employment in those local educational agencies; and\n (5) post-placement induction or support activities for \n program participants.\n (b) Period of Service.--A program participant in a program under \nthis Act who completes his or her training shall serve in a high-\npoverty local educational agency for at least 3 years.\n (c) Repayment.--The Secretary shall establish such requirements as \nthe Secretary determines appropriate to ensure that program \nparticipants who receive a training stipend or other financial \nincentive under subsection (a)(2), but fail to complete their service \nobligation under subsection (b), repay all or a portion of such stipend \nor other incentive.\n\nSEC. 7. EQUITABLE DISTRIBUTION.\n\n To the extent practicable, the Secretary shall make awards under \nthis Act that support programs in different geographic regions of the \nNation.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) High-poverty local educational agency.--The term \n ``high-poverty local educational agency'' means a local \n educational agency in which the percentage of children, ages 5 \n through 17, from families below the poverty level is 20 percent \n or greater, or the number of such children exceeds 10,000.\n (2) Program participants.--The term ``program \n participants'' means career-changing professionals who--\n (A) hold at least a baccalaureate degree;\n (B) demonstrate interest in, and commitment to, \n becoming a teacher; and\n (C) have knowledge and experience that are relevant \n to teaching a high-need subject area in a high-need \n local educational agency.","summary":"Authorizes the Secretary of Education to use funds under this Act to award grants, contracts, or cooperative agreements to institutions of higher education (IHEs) and public and private nonprofit entities to carry out Transition-to-Teaching programs. Requires the Secretary, before making such awards, to: (1) consult with the Secretaries of Defense and of Transportation with respect to the appropriate amount of funding necessary to continue and enhance the Troops-to-Teachers program. And (2) transfer such amount to the Department of Defense to carry out such program. Authorizes the Secretary to enter into a written agreement with the Departments of Defense and of Transportation, or take other appropriate steps to ensure effective continuation of such program. Authorizes appropriations. Sets forth requirements for applications for Transition-to-Teaching program assistance. Authorizes use of such funds for: (1) recruitment of program participants, (2) training stipends and other financial incentives for program participants. (3) assistance to IHEs or other teacher training providers to meet particular needs of professionals changing their careers to teaching. (4) placement activities, including identifying high-poverty local educational agencies (LEAs) with needs for particular skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those LEAs. And (5) post-placement induction or support activities for program participants. Requires program participants who complete training to teach in a high-poverty LEA for at least three years, or else repay all or a portion of their training stipend or other incentive.","title":"Transition to Teaching Act","text_len":9209,"sum_len":1700} {"bill_id":"115_hr3117","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency and Honesty in Energy \nRegulations Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) as a tool to justify Federal actions by the Secretary \n of Energy, the Administrator of the Environmental Protection \n Agency, the Secretary of the Interior, and the Chair of the \n Council on Environmental Quality to address greenhouse gas \n emissions, including the regulation or prohibition of the \n exploration, mining, production, and use of coal and other \n fossil fuels as energy sources, the social cost of carbon, the \n social cost of methane, and the social cost of nitrous oxide \n represent the hypothetical cost of 1 incremental ton of carbon \n dioxide, methane, or nitrous oxide emissions in a given year;\n (2) the document of the Office of Management and Budget \n entitled ``Circular A-4'' and dated September 17, 2003--\n (A) guides Federal agencies on the development of \n regulatory impact analysis required under Executive \n Order 12866 (5 U.S.C. 601 note; relating to regulatory \n planning and review) and other authorities; and\n (B) instructs Federal agencies to include discount \n rates of 3 and 7 percent and evaluate the costs and \n benefits of the regulatory action that accrue to \n citizens and residents of the United States;\n (3) first developed in 2009 by an interagency working group \n that included the Department of Energy, the Environmental \n Protection Agency, and the Council on Environmental Quality, \n the estimates for the social cost of carbon, as well as the \n subsequently developed estimates of the social cost of methane, \n and the social cost of nitrous oxide fail to comply with the 3- \n and 7-percent discount rates prescribed by the document of the \n Office of Management and Budget entitled ``Circular A-4'' and \n dated September 17, 2003;\n (4) while the document of the Office of Management and \n Budget entitled ``Circular A-4'' and dated September 17, 2003, \n specifies that, in carrying out an evaluation of the global \n effects of a rule, regulation, or action, the evaluation shall \n be reported separately from domestic costs and benefits of that \n rule, regulation, or action, the social cost of carbon instead \n calculates the global benefits in lieu of, not in addition to, \n the domestic costs of a rule, regulation, or action;\n (5) the use of the estimates for the social cost of carbon, \n the social cost of methane, and the social cost of nitrous \n oxide, in the rulemakings of the Department of Energy, the \n Environmental Protection Agency, the Department of the \n Interior, and the Council on Environmental Quality without \n public notice and an adequate opportunity for comment violates \n scientific peer review requirements;\n (6) the Environmental Protection Agency relied upon the \n social cost of methane, without appropriate peer review or \n opportunity for public notice and comment, in justifying the \n costs and benefits of the September 2015 proposed and the June \n 2016 finalized rules under the Clean Air Act for methane \n emissions from new, modified, and reconstructed sources in the \n oil and gas sector;\n (7) the Department of the Interior used the social cost of \n methane estimate to justify the costs and benefits of the final \n rule entitled ``Waste Prevention, Production Subject to \n Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 \n (November 18, 2016));\n (8) the Council on Environmental Quality issued final \n guidance on August 1, 2016, that, with respect to a monetary \n cost-benefit analysis for an evaluation of a proposed Federal \n action under the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.), directed the head of each Federal agency \n to include the social cost of carbon in any consideration of \n the effect of greenhouse gas emissions;\n (9) the regulations of the Department of Energy, the \n Environmental Protection Agency, the Department of the \n Interior, and the Council on Environmental Quality are costing \n families of the United States billions of dollars each year and \n are justified, in large part, by the social cost of carbon, the \n social cost of methane, and the social cost of nitrous oxide;\n (10) continued use of the social cost of carbon, the social \n cost of methane, and the social cost of nitrous oxide by the \n Department of Energy, the Environmental Protection Agency, the \n Department of the Interior, and the Council on Environmental \n Quality ignores sound science for the purpose of eliminating \n the exploration, mining, production, and use of the abundant \n domestic sources of fossil fuel energy of the United States;\n (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, \n 2017)) states that the policy of the United States is to \n alleviate any unnecessary regulatory burden on the people of \n the United States; and\n (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. \n 16093 (March 31, 2017))--\n (A) disbands the interagency working group referred \n to in paragraph (3);\n (B) withdraws the social cost of carbon, the social \n cost of methane, and the social cost of nitrous oxide; \n and\n (C) directs Federal agencies, in monetizing the \n value of changes in greenhouse gas emissions as a \n result of a regulation, to follow the document of the \n Office of Management and Budget entitled ``Circular A-\n 4'' and dated September 17, 2003, by using the discount \n rates specified in that document and evaluating only \n the domestic effects of the regulation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Social cost of carbon.--The term ``social cost of \n carbon'' means--\n (A) the estimate of the social cost of carbon \n described in--\n (i) the document entitled ``Technical \n Support Document: Social Cost of Carbon for \n Regulatory Impact Analysis Under Executive \n Order 12866'', published by the Interagency \n Working Group on Social Cost of Carbon, United \n States Government, in February 2010; or\n (ii)(I) the document entitled ``Technical \n Support Document: Technical Update of the \n Social Cost of Carbon for Regulatory Impact \n Analysis Under Executive Order 12866'', \n published by the Interagency Working Group on \n Social Cost of Carbon, United States \n Government, in May 2013 and revised in November \n 2013 and July 2015, and published and revised \n by the Interagency Working Group on the Social \n Cost of Greenhouse Gases, United States \n Government, in August 2016; or\n (II) any successor or substantially related \n document; and\n (B) any other estimate of the monetized damages \n associated with an incremental increase in carbon \n dioxide emissions in a given year.\n (3) Social cost of methane.--The term ``social cost of \n methane'' means--\n (A) the estimate of the social cost of methane \n described in--\n (i) the proposed rule entitled ``Oil and \n Natural Gas Sector: Emission Standards for New \n and Modified Sources'' (80 Fed. Reg. 56593 \n (September 18, 2015));\n (ii) the final rule entitled ``Oil and \n Natural Gas Sector: Emission Standards for New, \n Reconstructed, and Modified Sources'' (81 Fed. \n Reg. 35824 (June 3, 2016));\n (iii) the regulatory impact analysis \n entitled ``Regulatory Impact Analysis of the \n Final Oil and Natural Gas Sector: Emission \n Standards for New, Reconstructed, and Modified \n Sources'', prepared by the Environmental \n Protection Agency, Office of Air and Radiation, \n in May 2016 and identified by docket ID number \n EPA-HQ-OAR-2010-0505-7630; or\n (iv)(I) the document entitled ``Addendum to \n Technical Support Document on Social Cost of \n Carbon for Regulatory Impact Analysis under \n Executive Order 12866: Application of the \n Methodology to Estimate the Social Cost of \n Methane and the Social Cost of Nitrous Oxide'', \n published by the Interagency Working Group on \n Social Cost of Greenhouse Gases, United States \n Government, in August 2016; or\n (II) any successor or substantially related \n document; and\n (B) any other estimate of the monetized damages \n associated with an incremental increase in methane \n emissions in a given year.\n (4) Social cost of nitrous oxide.--The term ``social cost \n of nitrous oxide'' means--\n (A) the estimate of the social cost of nitrous \n oxide described in--\n (i) the document entitled ``Addendum to \n Technical Support Document on Social Cost of \n Carbon for Regulatory Impact Analysis under \n Executive Order 12866: Application of the \n Methodology to Estimate the Social Cost of \n Methane and the Social Cost of Nitrous Oxide'', \n published by the Interagency Working Group on \n Social Cost of Greenhouse Gases, United States \n Government, in August 2016; or\n (ii) any other successor or substantially \n related document; and\n (B) any other estimate of the monetized damages \n associated with an incremental increase in nitrous \n oxide emissions in a given year.\n\nSEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, \n INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF \n METHANE, AND THE SOCIAL COST OF NITROUS OXIDE.\n\n (a) In General.--The Secretary of Energy, under any authority, the \nAdministrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the \nSecretary of the Interior, under any authority, and the Chair of the \nCouncil on Environmental Quality, under the National Environmental \nPolicy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the \nsocial cost of carbon, social cost of methane, or social cost of \nnitrous oxide--\n (1) as part of any cost-benefit analysis required under--\n (A) any law;\n (B) Executive Order 12866 (5 U.S.C. 601 note; \n relating to regulatory planning and review); or\n (C) Executive Order 13563 (5 U.S.C. 601 note; \n relating to improving regulation and regulatory \n review);\n (2) in any rulemaking;\n (3) in the issuance of any guidance;\n (4) in taking any other agency action; or\n (5) as a justification for any rulemaking, guidance \n document, or agency action.\n (b) Exception.--The Secretary of Energy, the Administrator, the \nSecretary of the Interior, and the Chair of the Council on \nEnvironmental Quality may consider the social cost of carbon, social \ncost of methane, or social cost of nitrous oxide in carrying out an \nactivity described in subsection (a) only if, after the date of \nenactment of this Act--\n (1) a Federal law is enacted that explicitly authorizes the \n consideration; or\n (2) the Secretary of Energy, the Administrator, the \n Secretary of the Interior, or the Chair of the Council on \n Environmental Quality uses an estimate for the social cost of \n carbon, social cost of methane, or social cost of nitrous oxide \n that--\n (A) complies with the requirements of the document \n of the Office of Management and Budget entitled \n ``Circular A-4'' and dated September 17, 2003;\n (B) uses the discount rates of 3 and 7 percent \n specified in that document;\n (C) considers only the domestic costs and benefits \n of the activity; and\n (D) uses only--\n (i) the most up to date and empirically \n estimated equilibrium climate sensitivity \n distributions; and\n (ii) realistic time horizons.\n\nSEC. 5. REPORT OF THE ADMINISTRATOR.\n\n Not later than 120 days after the date of enactment of this Act, \nthe Administrator, in coordination and consultation with the Secretary \nof Energy, the Secretary of the Interior, and the Chair of the Council \non Environmental Quality, shall submit to the Committees on Energy and \nCommerce and Natural Resources of the House of Representatives and the \nCommittees on Environment and Public Works and Energy and Natural \nResources of the Senate a report describing the number of proposed and \nfinal rulemakings, guidance documents, and agency actions that, since \nJanuary 2009, have used the social cost of carbon, the social cost of \nmethane, or the social cost of nitrous oxide, including the use of the \nsocial cost of carbon, the social cost of methane, or the social cost \nof nitrous oxide as part of any cost-benefit analysis required under \nExecutive Order 12866 (5 U.S.C. 601 note; relating to regulatory \nplanning and review) or other relevant authority.","summary":"Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's quot, Circular A-4quot, document. (2) uses the discount rates of three and seven percent specified in that document. (3) considers only the domestic costs and benefits of the activity. And (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.","title":"Transparency and Honesty in Energy Regulations Act of 2017","text_len":15207,"sum_len":1161} {"bill_id":"111_s4034","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Manufacturing and \nRebuilding Transit Act of 2010'' or the ``SMART Act''.\n\nSEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION \n INFRASTRUCTURE GRANTS.\n\n (a) Preference.--In awarding grants for projects that include the \npurchase of transit vehicle rolling stock, rail, and supporting \nequipment, the Secretary of Transportation shall give preference to a \nproject if the manufactured goods to be purchased have a domestic \ncontent percentage that--\n (1) exceeds otherwise applicable Federal requirements; and\n (2) in the case of rolling stock, is consistent with \n industry-recognized standards, if available.\n (b) Covered Grants.--The grants referred to in subsection (a) are \ndiscretionary or competitive grants, loans, loan guarantees, and lines \nof credit--\n (1) authorized under title 23 or 49, United States Code;\n (2) used to fund in full or in part projects eligible for \n Federal assistance under such titles; or\n (3) for transportation infrastructure projects funded under \n any Act that appropriates amounts for the Department of \n Transportation.\n\nSEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS.\n\n (a) Clarity in Domestic Content Regulations.--The Secretary of \nTransportation shall establish a centralized website that provides \nrules and guidance, waiver notices, and departmental and agency actions \napplicable to the domestic content standards of the Federal-aid \nprograms within the jurisdiction of the Department of Transportation.\n (b) Transparency in Waivers.--\n (1) Buy america.--Section 313 of title 23, United States \n Code, is amended by adding at the end the following:\n ``(g) Other Limitations on Waivers.--\n ``(1) Requests for waivers.--Not later than 7 days after a \n Federal agency receives a written request for a waiver of any \n requirement under this section, the head of such agency shall--\n ``(A) publish the request on a publicly available \n agency website in an easily identifiable location; and\n ``(B) provide the public with a minimum of 30 days \n for notice and comment before issuing the requested \n waiver.\n ``(2) Waivers granted.--Not later than 30 days after a \n Federal agency decides to waive any requirement under this \n section, the head of the agency shall publish the decision and \n the justification for such decision in the Federal Register and \n on the publicly available website described in paragraph (1).\n ``(3) Notification of the office of management and \n budget.--Each Federal agency that grants a waiver of any \n requirement under this section shall submit to the Director of \n the Office of Management and Budget--\n ``(A) a notification of the application of the \n exception; and\n ``(B) a statement describing the procurement and \n the exception being applied.''.\n (2) Public transportation assistance.--Section 5323(j) of \n title 49, United States Code, is amended by adding at the end \n the following:\n ``(7) Limitations on waivers.--\n ``(A) Requests for waivers.--Not later than 7 days \n after a Federal agency receives a written request for a \n waiver of any requirement under this subsection or \n section 5307(d)(1)(E)(iii), the head of such agency \n shall--\n ``(i) publish the request on a publicly \n available agency website in an easily \n identifiable location; and\n ``(ii) provide the public with a minimum of \n 30 days for notice and comment before issuing \n the requested waiver.\n ``(B) Waivers granted.--Not later than 30 days \n after a Federal agency decides to waive any requirement \n under this subsection or section 5307(d)(1)(E)(iii), \n the head of the agency shall publish the decision and \n the justification for such decision in the Federal \n Register and on the publicly available website \n described in subparagraph (A).\n ``(C) Notification of the office of management and \n budget.--Each Federal agency that grants a waiver of \n any requirement under this subsection or section \n 5307(d)(1)(E)(iii) shall submit to the Director of the \n Office of Management and Budget--\n ``(i) a notification of the application of \n the exception; and\n ``(ii) a statement describing the \n procurement and the exception being applied.''.\n (3) Amtrak.--Section 24305(f) of title 49, United States \n Code, is amended by adding at the end the following:\n ``(5) Limitations on waivers.--\n ``(A) Requests for waivers.--Not later than 7 days \n after a Federal agency receives a written request for a \n waiver of any requirement under this subsection, the \n head of such agency shall--\n ``(i) publish the request on a publicly \n available agency website in an easily \n identifiable location; and\n ``(ii) provide the public with a minimum of \n 30 days for notice and comment before issuing \n the requested waiver.\n ``(B) Waivers granted.--Not later than 30 days \n after a Federal agency decides to waive any requirement \n under this subsection, the head of the agency shall \n publish the decision and the justification for such \n decision in the Federal Register and on the publicly \n available website described in subparagraph (A).\n ``(C) Notification of the office of management and \n budget.--Each Federal agency that grants a waiver of \n any requirement under this subsection shall submit to \n the Director of the Office of Management and Budget--\n ``(i) a notification of the application of \n the exception; and\n ``(ii) a statement describing the \n procurement and the exception being applied.''.\n (4) Intercity passenger rail service.--Section 24405(a) of \n title 49, United States Code, is amended by adding at the end \n the following:\n ``(12) Limitations on waivers.--\n ``(A) Requests for waivers.--Not later than 7 days \n after a Federal agency receives a written request for a \n waiver of any requirement under this subsection, the \n head of such agency shall--\n ``(i) publish the request on a publicly \n available agency website in an easily \n identifiable location; and\n ``(ii) provide the public with a minimum of \n 30 days for notice and comment before issuing \n the requested waiver.\n ``(B) Waivers granted.--Not later than 30 days \n after a Federal agency decides to waive any requirement \n under this subsection, the head of the agency shall \n publish the decision and the justification for such \n decision in the Federal Register and on the publicly \n available website described in subparagraph (A).\n ``(C) Notification of the office of management and \n budget.--Each Federal agency that grants a waiver of \n any requirement under this subsection shall submit to \n the Director of the Office of Management and Budget--\n ``(i) a notification of the application of \n the exception; and\n ``(ii) a statement describing the \n procurement and the exception being applied.''.\n (c) Requirement for Annual Reporting on Exceptions to Domestic \nSource Requirements for Transportation Investments.--\n (1) Report requirement.--\n (A) In general.--Not later than 60 days after the \n end of a fiscal year, the Inspector General of the \n Department of Transportation shall submit a report to \n Congress on the acquisitions supported by Federal \n transportation infrastructure investments which did not \n satisfy applicable domestic content standards.\n (B) Contents of report.--The report submitted under \n subparagraph (A) shall include, for the fiscal year \n covered by such report--\n (i) the number of all domestic content \n waivers issued for transportation \n infrastructure, rolling stock, and supporting \n equipment purchases;\n (ii) the countries and specifications of \n the products for which waivers were granted;\n (iii) an itemized list of all waivers \n granted with respect to articles, materials, \n and supplies;\n (iv) any law that requires procurement of \n goods from a domestic source;\n (v) a citation to the treaty, international \n agreement, or other law under which each waiver \n was granted, if applicable;\n (vi) the specific exception under the \n applicable domestic content standards that was \n used to purchase such articles, materials, or \n supplies, if any articles, materials, or \n supplies were acquired from entities that \n manufacture articles, materials, or supplies \n outside of the United States; and\n (vii) a summary of--\n (I) the total procurement funds \n expended on articles, materials, and \n supplies manufactured inside the United \n States; and\n (II) the total procurement funds \n expended on articles, materials, and \n supplies manufactured outside of the \n United States.\n\nSEC. 4. LINK DOMESTIC MANUFACTURERS TO TRANSPORTATION INFRASTRUCTURE \n AND ROLLING STOCK OPPORTUNITIES.\n\n The Secretary of Transportation is authorized to work with the \nHollings Manufacturing Partnership Program and other manufacturing-\nrelated local intermediaries designated by the Secretary to develop a \nmulti-agency comprehensive plan to expand domestic rail and transit \nvehicle supply chains with involvement from other applicable Federal \nagencies or industry consortiums--\n (1) to identify United States manufacturers currently \n producing, or capable of producing, transit and rail vehicles, \n supporting equipment, component parts, or similarly performing \n products;\n (2) to work with partners to identify and address gaps in \n domestic supply chains; and\n (3) to establish and carry out a program to award grants to \n eligible entities in accordance with this Act.","summary":"Strengthening Manufacturing and Rebuilding Transit Act of 2010 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements. And (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content standards for DOT federal-aid programs. Requires a federal agency head to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) federal-aid highway and public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects. Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements. Authorizes the Secretary to work with the Hollings Manufacturing Partnership Program and other manufacturing-related local intermediaries to develop a multi-agency comprehensive plan to expand domestic manufacturer rail and transit vehicle supply chains.","title":"A bill to support United States manufacturing by providing rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of Federal grants administered by the Department of Transportation, and for other purposes.","text_len":12304,"sum_len":1714} {"bill_id":"106_hr762","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lupus Research and Care Amendments \nof 2000''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) lupus is a serious, complex, inflammatory, autoimmune \n disease of particular concern to women;\n (2) lupus affects women nine times more often than men;\n (3) there are three main types of lupus: systemic lupus, a \n serious form of the disease that affects many parts of the \n body; discoid lupus, a form of the disease that affects mainly \n the skin; and drug-induced lupus caused by certain medications;\n (4) lupus can be fatal if not detected and treated early;\n (5) the disease can simultaneously affect various areas of \n the body, such as the skin, joints, kidneys, and brain, and can \n be difficult to diagnose because the symptoms of lupus are \n similar to those of many other diseases;\n (6) lupus disproportionately affects African-American \n women, as the prevalence of the disease among such women is \n three times the prevalence among white women, and an estimated \n 1 in 250 African-American women between the ages of 15 and 65 \n develops the disease;\n (7) it has been estimated that between 1,400,000 and \n 2,000,000 Americans have been diagnosed with the disease, and \n that many more have undiagnosed cases;\n (8) current treatments for the disease can be effective, \n but may lead to damaging side effects;\n (9) many victims of the disease suffer debilitating pain \n and fatigue, making it difficult to maintain employment and \n lead normal lives; and\n (10) in fiscal year 1996, the amount allocated by the \n National Institutes of Health for research on lupus was \n $33,000,000, which is less than one-half of 1 percent of the \n budget for such Institutes.\n\n TITLE I--RESEARCH ON LUPUS\n\nSEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.\n\n Subpart 4 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285d et seq.) is amended by inserting after section 441 the \nfollowing section:\n\n ``lupus\n\n ``Sec. 441A. (a) In General.--The Director of the Institute shall \nexpand and intensify research and related activities of the Institute \nwith respect to lupus.\n ``(b) Coordination With Other Institutes.--The Director of the \nInstitute shall coordinate the activities of the Director under \nsubsection (a) with similar activities conducted by the other national \nresearch institutes and agencies of the National Institutes of Health \nto the extent that such Institutes and agencies have responsibilities \nthat are related to lupus.\n ``(c) Programs for Lupus.--In carrying out subsection (a), the \nDirector of the Institute shall conduct or support research to expand \nthe understanding of the causes of, and to find a cure for, lupus. \nActivities under such subsection shall include conducting and \nsupporting the following:\n ``(1) Research to determine the reasons underlying the \n elevated prevalence of lupus in women, including African-\n American women.\n ``(2) Basic research concerning the etiology and causes of \n the disease.\n ``(3) Epidemiological studies to address the frequency and \n natural history of the disease and the differences among the \n sexes and among racial and ethnic groups with respect to the \n disease.\n ``(4) The development of improved diagnostic techniques.\n ``(5) Clinical research for the development and evaluation \n of new treatments, including new biological agents.\n ``(6) Information and education programs for health care \n professionals and the public.\n ``(d) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2001 through 2003.''.\n\n TITLE II--DELIVERY OF SERVICES REGARDING LUPUS\n\nSEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nin accordance with this title make grants to provide for projects for \nthe establishment, operation, and coordination of effective and cost-\nefficient systems for the delivery of essential services to individuals \nwith lupus and their families.\n (b) Recipients of Grants.--A grant under subsection (a) may be made \nto an entity only if the entity is a public or nonprofit private \nentity, which may include a State or local government; a public or \nnonprofit private hospital, community-based organization, hospice, \nambulatory care facility, community health center, migrant health \ncenter, or homeless health center; or other appropriate public or \nnonprofit private entity.\n (c) Certain Activities.--To the extent practicable and appropriate, \nthe Secretary shall ensure that projects under subsection (a) provide \nservices for the diagnosis and disease management of lupus. Activities \nthat the Secretary may authorize for such projects may also include the \nfollowing:\n (1) Delivering or enhancing outpatient, ambulatory, and \n home-based health and support services, including case \n management and comprehensive treatment services, for \n individuals with lupus; and delivering or enhancing support \n services for their families.\n (2) Delivering or enhancing inpatient care management \n services that prevent unnecessary hospitalization or that \n expedite discharge, as medically appropriate, from inpatient \n facilities of individuals with lupus.\n (3) Improving the quality, availability, and organization \n of health care and support services (including transportation \n services, attendant care, homemaker services, day or respite \n care, and providing counseling on financial assistance and \n insurance) for individuals with lupus and support services for \n their families.\n (d) Integration With Other Programs.--To the extent practicable and \nappropriate, the Secretary shall integrate the program under this title \nwith other grant programs carried out by the Secretary, including the \nprogram under section 330 of the Public Health Service Act.\n\nSEC. 202. CERTAIN REQUIREMENTS.\n\n A grant may be made under section 201 only if the applicant \ninvolved makes the following agreements:\n (1) Not more than 5 percent of the grant will be used for \n administration, accounting, reporting, and program oversight \n functions.\n (2) The grant will be used to supplement and not supplant \n funds from other sources related to the treatment of lupus.\n (3) The applicant will abide by any limitations deemed \n appropriate by the Secretary on any charges to individuals \n receiving services pursuant to the grant. As deemed appropriate \n by the Secretary, such limitations on charges may vary based on \n the financial circumstances of the individual receiving \n services.\n (4) The grant will not be expended to make payment for \n services authorized under section 201(a) to the extent that \n payment has been made, or can reasonably be expected to be \n made, with respect to such services--\n (A) under any State compensation program, under an \n insurance policy, or under any Federal or State health \n benefits program; or\n (B) by an entity that provides health services on a \n prepaid basis.\n (5) The applicant will, at each site at which the applicant \n provides services under section 201(a), post a conspicuous \n notice informing individuals who receive the services of any \n Federal policies that apply to the applicant with respect to \n the imposition of charges on such individuals.\n\nSEC. 203. TECHNICAL ASSISTANCE.\n\n The Secretary may provide technical assistance to assist entities \nin complying with the requirements of this title in order to make such \nentities eligible to receive grants under section 201.\n\nSEC. 204. DEFINITIONS.\n\n For purposes of this title:\n (1) The term ``official poverty line'' means the poverty \n line established by the Director of the Office of Management \n and Budget and revised by the Secretary in accordance with \n section 673(2) of the Omnibus Budget Reconciliation Act of \n 1981.\n (2) The term ``Secretary'' means the Secretary of Health \n and Human Services.\n\nSEC. 205. AUTHORIZATION OF APPROPRIATIONS.\n\n For the purpose of carrying out this title, there are authorized to \nbe appropriated such sums as may be necessary for each of the fiscal \nyears 2001 through 2003.\n\n Passed the House of Representatives October 10, 2000.\n\n Attest:\n\n Clerk.","summary":"Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health. And (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Requires the Secretary of Health and Human Services to: (1) ensure that grant projects provide services for lupus diagnosis and disease management. And (2) integrate such projects with other grant programs carried out by the Secretary. Authorizes technical assistance. Authorizes appropriations.","title":"Lupus Research and Care Amendments of 2000","text_len":9216,"sum_len":990} {"bill_id":"106_s1117","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Corinth Battlefield Preservation Act \nof 2000''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) in 1996, Congress authorized the establishment and \n construction of a center--\n (A) to facilitate the interpretation of the Siege and \n Battle of Corinth and other Civil War actions in the area in \n and around the city of Corinth, Mississippi; and\n (B) to enhance public understanding of the significance of \n the Corinth campaign and the Civil War relative to the western \n theater of operations, in cooperation with--\n (i) State or local governmental entities;\n (ii) private organizations; and\n (iii) individuals;\n (2) the Corinth Battlefield was ranked as a priority 1 \n battlefield having critical need for coordinated nationwide action \n by the year 2000 by the Civil War Sites Advisory Commission in its \n report on Civil War Battlefields of the United States;\n (3) there is a national interest in protecting and preserving \n sites of historic significance associated with the Civil War; and\n (4) the States of Mississippi and Tennessee and their \n respective local units of government--\n (A) have the authority to prevent or minimize adverse uses \n of these historic resources; and\n (B) can play a significant role in the protection of the \n historic resources related to the Civil War battles fought in \n the area in and around the city of Corinth.\n (b) Purposes.--The purposes of this Act are--\n (1) to establish the Corinth Unit of the Shiloh National \n Military Park--\n (A) in the city of Corinth, Mississippi; and\n (B) in the State of Tennessee;\n (2) to direct the Secretary of the Interior to manage, protect, \n and interpret the resources associated with the Civil War Siege and \n the Battle of Corinth that occurred in and around the city of \n Corinth, in cooperation with--\n (A) the State of Mississippi;\n (B) the State of Tennessee;\n (C) the city of Corinth, Mississippi;\n (D) other public entities; and\n (E) the private sector; and\n (3) to authorize a special resource study to identify other \n Civil War sites in and around the city of Corinth that--\n (A) are consistent with the themes of the Siege and Battle \n of Corinth;\n (B) meet the criteria for designation as a unit of the \n National Park System; and\n (C) are considered appropriate for inclusion in the Unit.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Map.--The term ``Map'' means the map entitled ``Park \n Boundary-Corinth Unit'', numbered 304\/80,007, and dated October \n 1998.\n (2) Park.--The term ``Park'' means the Shiloh National Military \n Park.\n (3) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n (4) Unit.--The term ``Unit'' means the Corinth Unit of Shiloh \n National Military Park established under section 4.\n\nSEC. 4. ESTABLISHMENT OF UNIT.\n\n (a) In General.--There is established in the States of Mississippi \nand Tennessee the Corinth Unit of the Shiloh National Military Park.\n (b) Composition of Unit.--The Unit shall be comprised of--\n (1) the tract consisting of approximately 20 acres generally \n depicted as ``Battery Robinett Boundary'' on the Map; and\n (2) any additional land that the Secretary determines to be \n suitable for inclusion in the Unit that--\n (A) is under the ownership of a public entity or nonprofit \n organization; and\n (B) has been identified by the Siege and Battle of Corinth \n National Historic Landmark Study, dated January 8, 1991.\n (c) Availability of Map.--The Map shall be on file and available \nfor public inspection in the office of the Director of the National \nPark Service.\n\nSEC. 5. LAND ACQUISITION.\n\n (a) In General.--The Secretary may acquire land and interests in \nland within the boundary of the Park as depicted on the Map, by--\n (1) donation;\n (2) purchase with donated or appropriated funds; or\n (3) exchange.\n (b) Exception.--Land may be acquired only by donation from--\n (1) the State of Mississippi (including a political subdivision \n of the State);\n (2) the State of Tennessee (including a political subdivision \n of the State); or\n (3) the organization known as ``Friends of the Siege and Battle \n of Corinth''.\n\nSEC. 6. PARK MANAGEMENT AND ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the Unit in \naccordance with this Act and the laws generally applicable to units of \nthe National Park System, including--\n (1) the Act entitled ``An Act to establish a National Park \n Service, and for other purposes'', approved August 25, 1916 (16 \n U.S.C. 1 et seq.); and\n (2) the Act entitled ``An Act to provide for the preservation \n of historic American sites, buildings, objects, and antiquities of \n national significance, and for other purposes'', approved August \n 21, 1935 (16 U.S.C. 461 et seq.).\n (b) Duties.--In accordance with section 602 of the Omnibus Parks \nand Public Lands Management Act of 1996 (16 U.S.C. 430f-5), the \nSecretary shall--\n (1) commemorate and interpret, for the benefit of visitors and \n the general public, the Siege and Battle of Corinth and other Civil \n War actions in the area in and around the city of Corinth within \n the larger context of the Civil War and American history, including \n the significance of the Civil War Siege and Battle of Corinth in \n 1862 in relation to other operations in the western theater of the \n Civil War; and\n (2) identify and preserve surviving features from the Civil War \n era in the area in and around the city of Corinth, including both \n military and civilian themes that include--\n (A) the role of railroads in the Civil War;\n (B) the story of the Corinth contraband camp; and\n (C) the development of field fortifications as a tactic of \n war.\n (c) Cooperative Agreements.--\n (1) In general.--To carry out this Act, the Secretary may enter \n into cooperative agreements with entities in the public and private \n sectors, including--\n (A) colleges and universities;\n (B) historical societies;\n (C) State and local agencies; and\n (D) nonprofit organizations.\n (2) Technical assistance.--To develop cooperative land use \n strategies and conduct activities that facilitate the conservation \n of the historic, cultural, natural, and scenic resources of the \n Unit, the Secretary may provide technical assistance, to the extent \n that a recipient of technical assistance is engaged in the \n protection, interpretation, or commemoration of historically \n significant Civil War resources in the area in and around the city \n of Corinth, to--\n (A) the State of Mississippi (including a political \n subdivision of the State);\n (B) the State of Tennessee (including a political \n subdivision of the State);\n (C) a governmental entity;\n (D) a nonprofit organization; and\n (E) a private property owner.\n (d) Resources Outside the Unit.--Nothing in subsection (c)(2) \nauthorizes the Secretary to own or manage any resource outside the \nUnit.\n\nSEC. 7. AUTHORIZATION OF SPECIAL RESOURCE STUDY.\n\n (a) In General.--To determine whether certain additional properties \nare appropriate for inclusion in the Unit, the Secretary shall conduct \na special resource study of land in and around the city of Corinth, \nMississippi, and nearby areas in the State of Tennessee that--\n (1) have a relationship to the Civil War Siege and Battle of \n Corinth in 1862; and\n (2) are under the ownership of--\n (A) the State of Mississippi (including a political \n subdivision of the State);\n (B) the State of Tennessee (including a political \n subdivision of the State);\n (C) a nonprofit organization; or\n (D) a private person.\n (b) Contents of Study.--The study shall--\n (1) identify the full range of resources and historic themes \n associated with the Civil War Siege and Battle of Corinth in 1862, \n including the relationship of the campaign to other operations in \n the western theater of the Civil War that occurred in--\n (A) the area in and around the city of Corinth; and\n (B) the State of Tennessee;\n (2) identify alternatives for preserving features from the \n Civil War era in the area in and around the city of Corinth, \n including both military and civilian themes involving--\n (A) the role of the railroad in the Civil War;\n (B) the story of the Corinth contraband camp; and\n (C) the development of field fortifications as a tactic of \n war;\n (3) identify potential partners that might support efforts by \n the Secretary to carry out this Act, including--\n (A) State entities and their political subdivisions;\n (B) historical societies and commissions;\n (C) civic groups; and\n (D) nonprofit organizations;\n (4) identify alternatives to avoid land use conflicts; and\n (5) include cost estimates for any necessary activity \n associated with the alternatives identified under this subsection, \n including--\n (A) acquisition;\n (B) development;\n (C) interpretation;\n (D) operation; and\n (E) maintenance.\n (c) Report.--Not later than 1 year and 180 days after the date on \nwhich funds are made available to carry out this section, the Secretary \nshall submit a report describing the findings of the study under \nsubsection (a) to--\n (1) the Committee on Energy and Natural Resources of the \n Senate; and\n (2) the Committee on Resources of the House of Representatives.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act, including $3,000,000 for the construction of an \ninterpretive center under section 602(d) of title VI of the Omnibus \nParks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5(d)).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Requires the Secretary to study and report to specified congressional committees on whether certain additional properties are appropriate for inclusion in the Unit. Authorizes appropriations.","title":"Corinth Battlefield Preservation Act of 2000","text_len":10841,"sum_len":191} {"bill_id":"107_hr1468","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Price and Economic Stability \nAct of 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) Reliable and affordable energy is necessary to ensure \n economic health and public safety.\n (2) The western states have historically worked well \n together to ensure that energy is sufficient to meet demand at \n a reasonable cost.\n (3) Despite the best efforts of the western states, an \n emergency energy situation now exists.\n (4) The Federal government should augment the states' \n response to the emergency by protecting consumers from \n excessive wholesale rates.\n (5) Several factors have led to the existing emergency, \n including the following: a flawed deregulation plan in the \n State of California, the existence of market power among \n generators in the western region, increased natural gas costs, \n drought in the Northwest, rapid increases in the populations of \n western states, poor regional and national forecasting of \n energy needs, decreased operating reserves due to a lack of \n investment in new generation.\n (6) Federal and State efforts to protect the environment \n have not significantly contributed to these problems.\n (7) The region's energy needs can be met while protecting \n the environment and public health.\n (8) On November 1, 2000, and again on December 15, 2000, \n the Federal Energy Regulatory Commission found that wholesale \n electricity rates in the State of California were and have the \n potential to be unjust and unreasonable under the Federal Power \n Act.\n (9) The Federal Energy Regulatory Commission issued orders \n on March 9, 2001, March 14, 2001, and March 16, 2001 alleging \n that generators had overcharged California utilities more than \n $130 million.\n (10) The Federal Energy Regulatory Commission orders only \n reflect a fraction of total overcharges and do not reflect the \n full period during which overcharges may have occurred.\n (11) The California Independent System Operator reports \n that generators may have overcharged California utilities by \n more than $6 billion in the period between May 2000 and \n February 2001.\n (12) The market conditions that have existed in California, \n Washington, and Oregon for months now exist in neighboring \n states, where electricity costs are also rising.\n (13) Unless the Federal Energy Regulatory Commission \n intervenes in the western wholesale electricity market, nothing \n will constrain the wholesale price of electricity and the \n situation this coming summer may worsen by orders of magnitude.\n (14) On March 9, 2001, the Governors of California, Oregon, \n and Washington wrote to the Chairman and Commissioners of the \n Federal Energy Regulatory Commission to request that cost-of-\n service based rates be imposed in the western region.\n (15) The Federal Energy Regulatory Commission has failed to \n fulfill its obligations under the Federal Power Act to act in \n the best interest of consumers by mandating just and reasonable \n wholesale rates in the western energy market.\n\nSEC. 3. WHOLESALE ELECTRICITY RATES IN THE WESTERN UNITED STATES.\n\n (a) Definitions.--For purposes of this Act:\n (1) The term ``Commission'' means the Federal Energy \n Regulatory Commission.\n (2) The term ``cost-of-service-based rate'' means a rate, \n charge, or classification for the sale of electric energy that \n is equal to the sum of the following:\n (A) All variable and fixed costs of generating such \n electric energy.\n (B) Either--\n (i) a reasonable risk premium, or\n (ii) a return on invested capital used to \n generate and transmit such electric energy that \n reflects customary returns during the period \n 1994 through 1999.\n (C) Other reasonable costs associated with the \n acquisition, conservation, and transmission of such \n electric energy.\n (3) The term ``new generation facility'' means any facility \n generating electric energy that did not generate electric \n energy at any time prior to January 1, 2001.\n (b) Exercise of Authority To Establish Cost-Based Rates.--Within 30 \ndays after the enactment of this Act, the Commission shall issue an \norder establishing cost-of-service-based rates for electric energy sold \nat wholesale subject to the jurisdiction of the Commission under the \nFederal Power Act for use in that portion of the United States that is \ncovered by the Western Systems Coordinating Council of the North \nAmerican Electric Reliability Council.\n (c) Sunset.--Subsection (b) shall not apply to sales of electric \nenergy after March 1, 2003.\n (d) New Facilities Not Covered.--The rates required under \nsubsection (b) shall not apply to any sale of electric energy generated \nby any new generation facility.\n (e) Enforcement.--\n (1) State cause of action.--If a State determines that a \n wholesale rate applicable to delivery of electricity within the \n State is not in compliance with subsection (b) or is not just \n and reasonable, the State may bring an action in the \n appropriate United States district court. Upon adequate showing \n that a rate is not in compliance with subsection (b) or is not \n just and reasonable, the court shall order refunds or other \n relief as appropriate.\n (2) Civil penalties.--Any person who violates any \n requirement of this section shall be subject to civil penalties \n equal to 3 times the value of the amount involved in such \n violation. The Commission shall assess such penalties, after \n notice and opportunity for public hearing, in accordance with \n the same provisions as are applicable under section 31(d) of \n the Federal Power Act in the case of civil penalties assessed \n under such section 31.\n (f) Refunds.--In the case of sales of electric energy for use in \nthat portion of the United States that is covered by the Western \nSystems Coordinating Council of the North American Electric Reliability \nCouncil the Commission shall order the refund of any rates and charges \nthat were not just and reasonable and that applied to sales between \nJune 1, 2000 and the enactment of this Act. Any affected State may \nbring an action in the appropriate United States district court to \nenforce this subsection.\n (g) Savings Provisions.--Nothing in this section shall affect any \nauthority of the Commission existing before the enactment of this \nsection.\n\nSEC. 4. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER \n SALES.\n\n Section 202(c) of the Federal Power Act (16 U.S.C. 825(c)) is \namended by adding the following at the end thereof: ``Except during the \ncontinuance of any war, no order may be issued under this subsection \nunless the payment of compensation or reimbursement to the person \nsubject to such order is fully guaranteed by the United States \nGovernment or by a State government.''.\n\nSEC. 5. SEVERABILITY.\n\n If any provision of this Act is found to be unenforceable or \ninvalid, no other provision of this Act shall be invalidated thereby.","summary":"Energy Price and Economic Stability Act of 2001 - Instructs the Federal Energy Regulatory Commission to establish cost-of-service-based rates for electric energy that is sold at wholesale, through April 30, 2003, for use in the area covered by the Western Systems Coordinating Council of the North American Electric Reliability Council. Provides for State enforcement of this Act. Instructs FERC to order refunds of rates and charges in the area covered by the Coordinating Council if electric energy sales were not just and reasonable. Amends the Federal Power Act to prohibit any FERC order for emergency connection or exchange of facilities unless the person subject to such order has been guaranteed full payment or reimbursement by either the Federal or State government.","title":"To stabilize the dysfunctional wholesale power market in the Western United States, and for other purposes.","text_len":7781,"sum_len":776} {"bill_id":"109_s132","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage Insurance Fairness Act''.\n\nSEC. 2. PREMIUMS FOR MORTGAGE INSURANCE.\n\n (a) In General.--Paragraph (3) of section 163(h) of the Internal \nRevenue Code of 1986 (relating to qualified residence interest) is \namended by adding after subparagraph (D) the following new \nsubparagraph:\n ``(E) Mortgage insurance premiums treated as \n interest.--\n ``(i) In general.--Premiums paid or accrued \n for qualified mortgage insurance by a taxpayer \n during the taxable year in connection with \n acquisition indebtedness with respect to a \n qualified residence of the taxpayer shall be \n treated for purposes of this subsection as \n qualified residence interest.\n ``(ii) Phaseout.--The amount otherwise \n allowable as a deduction under clause (i) shall \n be reduced (but not below zero) by 10 percent \n of such amount for each $1,000 ($500 in the \n case of a married individual filing a separate \n return) (or fraction thereof) that the \n taxpayer's adjusted gross income for the \n taxable year exceeds $100,000 ($50,000 in the \n case of a married individual filing a separate \n return).''.\n (b) Definition and Special Rules.--Paragraph (4) of section 163(h) \nof the Internal Revenue Code of 1986 (relating to other definitions and \nspecial rules) is amended by adding at the end the following new \nsubparagraphs:\n ``(E) Qualified mortgage insurance.--The term \n `qualified mortgage insurance' means--\n ``(i) mortgage insurance provided by the \n Veterans Administration, the Federal Housing \n Administration, or the Rural Housing \n Administration, and\n ``(ii) private mortgage insurance (as \n defined by section 2 of the Homeowners \n Protection Act of 1998 (12 U.S.C. 4901), as in \n effect on the date of the enactment of this \n subparagraph).\n ``(F) Special rules for prepaid qualified mortgage \n insurance.--Any amount paid by the taxpayer for \n qualified mortgage insurance that is properly allocable \n to any mortgage the payment of which extends to periods \n that are after the close of the taxable year in which \n such amount is paid shall be chargeable to capital \n account and shall be treated as paid in such periods to \n which so allocated. No deduction shall be allowed for \n the unamortized balance of such account if such \n mortgage is satisfied before the end of its term. The \n preceding sentences shall not apply to amounts paid for \n qualified mortgage insurance provided by the Veterans \n Administration or the Rural Housing Administration.''.\n\nSEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.\n\n Section 6050H of the Internal Revenue Code of 1986 (relating to \nreturns relating to mortgage interest received in trade or business \nfrom individuals) is amended by adding at the end the following new \nsubsection:\n ``(h) Returns Relating to Mortgage Insurance Premiums.--\n ``(1) In general.--The Secretary may prescribe, by \n regulations, that any person who, in the course of a trade or \n business, receives from any individual premiums for mortgage \n insurance aggregating $600 or more for any calendar year, shall \n make a return with respect to each such individual. Such return \n shall be in such form, shall be made at such time, and shall \n contain such information as the Secretary may prescribe.\n ``(2) Statement to be furnished to individuals with respect \n to whom information is required.--Every person required to make \n a return under paragraph (1) shall furnish to each individual \n with respect to whom a return is made a written statement \n showing such information as the Secretary may prescribe. Such \n written statement shall be furnished on or before January 31 of \n the year following the calendar year for which the return under \n paragraph (1) was required to be made.\n ``(3) Special rules.--For purposes of this subsection--\n ``(A) rules similar to the rules of subsection (c) \n shall apply, and\n ``(B) the term `mortgage insurance' means--\n ``(i) mortgage insurance provided by the \n Veterans Administration, the Federal Housing \n Administration, or the Rural Housing \n Administration, and\n ``(ii) private mortgage insurance (as \n defined by section 2 of the Homeowners \n Protection Act of 1998 (12 U.S.C. 4901), as in \n effect on the date of the enactment of this \n subsection).''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to amounts paid or \naccrued after the date of enactment of this Act in taxable years ending \nafter such date.","summary":"Mortgage Insurance Fairness Act - Amends the Internal Revenue Code to treat mortgage insurance premium payments as tax deductible interest. Phases out the deduction for taxpayers with adjusted gross incomes exceeding $100,000.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance.","text_len":5755,"sum_len":226} {"bill_id":"106_hr752","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airline Passenger Fairness Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The number of airline passengers on United States \n carriers is expected to grow from about 600 million per year \n today to about 1 billion by the year 2008.\n (2) Since 1978 the number of certified large air carriers \n has decreased from 30 to 10. In 1998, 6 of the United States' \n largest air carriers sought to enter into arrangements that \n would result in 3 large networks comprising approximately 70 \n percent of the domestic market.\n (3) Only \\2\/3\\ of all communities in the United States that \n had scheduled air service in 1978 still have it today, and \\1\/\n 2\\ of those remaining are served by smaller airlines feeding \n hub airports.\n (4) The Department of Transportation's Domestic Airline \n Fares Consumer Report for the 3rd Quarter of 1997 listed 75 \n major city pairs where fares increased by 30 percent or more \n year-over-year, while total traffic in these city pairs \n decreased by 863,500 passengers, or more than 20 percent.\n (5) A 1998 Department of Transportation study found that \n large United States air carriers charge twice as much at their \n large hub airports where there is no low fare competition as \n they charge at a hub airport where a low fare competitor is \n present. The General Accounting Office found that fares range \n from 12 percent to 71 percent higher at hubs dominated by one \n carrier or a consortium.\n (6) Complaints filed with the Department of Transportation \n about airline travel have increased by more than 25 percent \n over the previous year, and complaints against large United \n States air carriers have increased from 6,394 in 1997 to 7,994 \n in 1998.\n (7) The 1997 National Civil Aviation Review Commission \n reported that recent data indicate the problem of delay in \n flights is getting worse, and that the number of daily aircraft \n delays of 15 minutes or longer was nearly 20 percent higher in \n 1996 than in 1995.\n (8) The 1997 National Civil Aviation Review Commission \n forecast that United States domestic and international \n passenger enplanements are expected to increase 52 percent \n between 1996 and 2006, and the Federal Aviation Administration \n forecasts annual growth in revenue passenger miles will average \n 4.2 percent.\n (9) A 1998 Department of Transportation study found that \n the large United States air carriers charge about 60 percent \n more to passengers traveling to or from small communities than \n they charge to passengers traveling between large communities.\n (10) The Congress has directed the Secretary of \n Transportation to prohibit unfair and deceptive practices in \n the airline industry.\n\nSEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS.\n\n Section 41712 of title 49, United States Code, is amended--\n (1) by striking ``On the initiative'' and inserting ``(a) \n Duty of the Secretary.--On the initiative''; and\n (2) by adding at the end thereof the following:\n ``(b) Specific Practices.--For purposes of subsection (a), the \nterms `unfair or deceptive practice' and `unfair method of competition' \ninclude, in the case of a certificated air carrier, an air carrier's \nfailure--\n ``(1) to inform a ticketed passenger, upon request, whether \n the flight on which the passenger is ticketed is oversold;\n ``(2) to permit a passenger holding a confirmed reserved \n space on a flight to use portions of that passenger's ticket \n for travel, rather than the entire ticket, regardless of the \n reason any other portion of the ticket is not used;\n ``(3) to deliver a passenger's checked baggage within 24 \n hours after arrival of the flight on which the passenger \n travelled and on which the passenger checked the baggage, \n except for reasonable delays in delivery of such baggage;\n ``(4) to provide a consumer full access to all fares for \n that air carrier, regardless of the technology the consumer \n uses to access the fares if such information is requested by \n that consumer;\n ``(5) to provide notice to each passenger holding a \n confirmed reserved space on a flight with reasonable prior \n notice when a scheduled flight will be delayed for any reason \n (other than reasons of national security);\n ``(6) to inform passengers accurately and truthfully of the \n reason for the delay, cancellation, or diversion of a flight;\n ``(7) to refund the full purchase price of an unused ticket \n if the passenger requests a refund within 48 hours after the \n ticket is purchased;\n ``(8) to disclose to consumers information that would \n enable them to make informed decisions about the comparative \n value of frequent flyer programs among airlines, including--\n ``(A) the number of seats redeemable on each \n flight; and\n ``(B) the percentage of successful and failed \n redemptions on each airline and on each flight.\n ``(c) Report.--The Secretary shall include information about \nviolations of subsection (a) by certificated air carriers in the \nDepartment of Transportation's monthly Air Travel Consumer Report.\n ``(d) Confirmed reserved space.--The term `confirmed reserved \nspace' shall mean a space on a specific date and on a specific flight \nand class of service of a carrier which has been requested by a \npassenger and which the carrier or its agent has verified, by \nappropriate notation on the ticket or in any other manner provided by \nthe carrier, as being reserved for the accommodation of the \npassenger.''.","summary":"Airline Passenger Fairness Act - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation to include within the definition of such prohibited practices an air carrier's failure to: (1) inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold. (2) permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used. (3) deliver a passenger's checked baggage within 24 hours after the arrival of the flight on which the passenger traveled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage. (4) provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer. (5) provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason. (6) inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight. (7) refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased. And (8) disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines.","title":"Airline Passenger Fairness Act","text_len":6162,"sum_len":1681} {"bill_id":"109_s3648","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pueblo of Isleta Settlement and \nNatural Resources Restoration Act of 2006''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) there is pending before the United States Court of \n Federal Claims a civil action filed by the Pueblo against the \n United States in which the Pueblo seeks to recover damages \n pursuant to the Isleta Jurisdictional Act;\n (2) the Pueblo and the United States, after a diligent \n investigation of the Pueblo claims, have negotiated a \n Settlement Agreement, the validity and effectiveness of which \n is contingent on the enactment of enabling legislation;\n (3) certain land of the Pueblo is waterlogged, and it would \n be to the benefit of the Pueblo and other water users to drain \n the land and return water to the Rio Grande River; and\n (4) there is Pueblo forest land in need of remediation in \n order to improve timber yields, reduce the threat of fire, \n reduce erosion, and improve grazing conditions.\n (b) Purposes.--The purposes of this Act are--\n (1) to improve the drainage of the irrigated land, the \n health of the forest land, and other natural resources of the \n Pueblo; and\n (2) to settle all claims that were raised or could have \n been raised by the Pueblo against the United States under the \n Isleta Jurisdictional Act in accordance with section 5.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Isleta jurisdictional act.--The term ``Isleta \n Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418).\n (2) Pueblo.--The term ``Pueblo'' means the Pueblo of \n Isleta, a federally-recognized Indian tribe.\n (3) Restoration fund.--The term ``Restoration Fund'' means \n the Pueblo of Isleta Natural Resources Restoration Fund \n established by section 4(a).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Settlement agreement.--The term ``Settlement \n Agreement'' means the Agreement of Compromise and Settlement \n entered into between the United States and the Pueblo dated \n July 12, 2005, as modified by the Extension and Modification \n Agreement executed by the United States and the Pueblo on June \n 22, 2006, to settle the claims of the Pueblo in Docket No. 98-\n 166L, a case pending in the United States Court of Federal \n Claims.\n\nSEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a trust fund, to be known as the ``Pueblo of Isleta \nNatural Resources Restoration Fund'', consisting of--\n (1) such amounts as are transferred to the Restoration Fund \n under subsection (b); and\n (2) any interest earned on investment of amounts in the \n Restoration Fund under subsection (d).\n (b) Transfers to Restoration Fund.--Upon entry of the final \njudgment described in section 5(b), there shall be transferred to the \nRestoration Fund, in accordance with conditions specified in the \nSettlement Agreement and this Act--\n (1) $32,838,750 from the permanent judgment appropriation \n established pursuant to section 1304 of title 31, United States \n Code; and\n (2) in addition to the amounts transferred under paragraph \n (1), at such times and in such amounts as are specified for \n that purpose in the annual budget of the Department of the \n Interior, authorized to be appropriated by subsection (f), and \n made available by an Act of appropriation, a total of \n $7,200,000.\n (c) Distribution of Amounts From Restoration Fund.--\n (1) Appropriated amounts.--\n (A) In general.--Subject to paragraph (3), upon the \n request of the Pueblo, the Secretary shall distribute \n amounts deposited in the Restoration Fund pursuant to \n section V of the Settlement Agreement and subsection \n (b)(2), in accordance with the terms and conditions of \n the Settlement Agreement and this Act, on the condition \n that the Secretary, before any such distribution, \n receives from the Pueblo such assurances as are \n satisfactory to the Secretary that--\n (i) the Pueblo shall deliver funds in the \n amount of $7,100,000 toward drainage and \n remediation of the agricultural land and \n rehabilitation of forest and range land of the \n Pueblo in accordance with section IV(C) and \n IV(D) of the Settlement Agreement; and\n (ii) those funds shall be available for \n expenditure for drainage and remediation \n expenses as provided in sections IV(C) and \n IV(D) of the Settlement Agreement on the dates \n on which the Secretary makes distributions, and \n in amounts equal to the amounts so distributed, \n in accordance with sections IV(A) and IV(B) of \n the Settlement Agreement.\n (B) Use of funds.--Of the amounts distributed by \n the Secretary from the Restoration Fund under \n subparagraph (A)--\n (i) $5,700,000 shall be available to the \n Pueblo for use in carrying out the drainage and \n remediation of approximately 1,081 acres of \n waterlogged agricultural land, as described in \n section IV(A) of the Settlement Agreement; and\n (ii) $1,500,000 shall be available to the \n Pueblo for use in carrying out the \n rehabilitation and remediation of forest and \n range land, as described in section IV(B) of \n the Settlement Agreement.\n (C) Federal consultation.--Restoration work carried \n out using funds distributed under this paragraph shall \n be planned and performed in consultation with--\n (i) the Bureau of Indian Affairs; and\n (ii) such other Federal agencies as are \n necessary.\n (D) Unused funds.--Any funds, including any \n interest income, that are distributed under this \n paragraph but that are not needed to carry out this \n paragraph shall be available for use in accordance with \n paragraph (2)(A).\n (2) Amounts from judgment fund.--\n (A) In general.--Subject to paragraph (3), the \n amount paid into the Restoration Fund under subsection \n (b)(1), and interest income resulting from investment \n of that amount, shall be available to the Pueblo for--\n (i) the acquisition, restoration, \n improvement, development, and protection of \n land, natural resources, and cultural resources \n within the exterior boundaries of the Pueblo, \n including improvements to the water supply and \n sewage treatment facilities of the Pueblo; and\n (ii) for the payment and reimbursement of \n attorney and expert witness fees and expenses \n incurred in connection with Docket No. 98-166L \n of the United States Court of Federal Claims, \n as provided in the Settlement Agreement.\n (B) No contingency on provision of funds by \n pueblo.--The receipt and use of funds by the Pueblo \n under this paragraph shall not be contingent upon the \n provision by the Pueblo of the funds described in \n paragraph (1)(A)(i).\n (3) Expenditures and withdrawal.--\n (A) Tribal management plan.--\n (i) In general.--Subject to clause (ii), \n the Pueblo may withdraw all or part of the \n Restoration Fund on approval by the Secretary \n of a tribal management plan in accordance with \n section 202 of the American Indian Trust Fund \n Management Reform Act of 1994 (25 U.S.C. 4022).\n (ii) Requirements.--In addition to the \n requirements under the American Indian Trust \n Fund Management Reform Act of 1994 (25 U.S.C. \n 4001 et seq.), a tribal management plan \n described in clause (i) shall require that the \n Pueblo shall expend any funds withdrawn from \n the Restoration Fund under this paragraph in a \n manner consistent with the purposes described \n in the Settlement Agreement.\n (B) Enforcement.--The Secretary may take judicial \n or administrative action to enforce the provisions of \n any tribal management plan described in subparagraph \n (A)(i) to ensure that any funds withdrawn from the \n Restoration Fund under this paragraph are used in \n accordance with this Act.\n (C) Liability.--If the Pueblo exercises the right \n to withdraw funds from the Restoration Fund under this \n paragraph, neither the Secretary nor the Secretary of \n the Treasury shall retain any liability for the \n accounting, disbursement, or investment of the funds \n withdrawn.\n (D) Expenditure plan.--\n (i) In general.--The Pueblo shall submit to \n the Secretary for approval an expenditure plan \n for any portion of the funds in the Restoration \n Fund made available under this Act that the \n Pueblo does not withdraw under this paragraph.\n (ii) Description.--The expenditure plan \n shall describe the manner in which, and the \n purposes for which, funds of the Pueblo \n remaining in the Restoration Fund will be used.\n (iii) Approval.--On receipt of an \n expenditure plan under clause (i), the \n Secretary shall approve the plan if the \n Secretary determines that the plan is \n reasonable and consistent with this Act and the \n Settlement Agreement.\n (E) Annual report.--The Pueblo shall submit to the \n Secretary an annual report that describes expenditures \n from the Restoration Fund during the year covered by \n the report.\n (d) Maintenance and Investment of Restoration Fund.--\n (1) In general.--The Restoration Fund and amounts in the \n Restoration Fund shall be maintained and invested by the \n Secretary of the Interior pursuant to the first section of the \n Act of June 24, 1938 (52 Stat. 1037, chapter 648).\n (2) Credits to restoration fund.--The interest on, and the \n proceeds from the sale or redemption of, any obligations held \n in the Restoration Fund shall be credited to, and form a part \n of, the Restoration Fund.\n (e) Prohibition on Per-Capita Payments.--No portion of the amounts \nin the Restoration Fund shall be available for payment on a per-capita \nbasis to members of the Pueblo.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to the Restoration Fund $7,200,000.\n\nSEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND \n COMPENSATION TO PUEBLO.\n\n (a) Ratification of Settlement Agreement.--The Settlement Agreement \nis ratified.\n (b) Dismissal.--Not later than 90 days after the date of enactment \nof this Act, the Pueblo and the United States shall execute and file a \njoint stipulation for entry of final judgment in the case of Pueblo of \nIsleta v. United States, Docket 98-166L, in the United States Court of \nFederal Claims in such form and such manner as are acceptable to the \nAttorney General and the Pueblo.\n (c) Compensation.--After the date of enactment of this Act, in \naccordance with the Settlement Agreement, and upon entry of the final \njudgment described in subsection (b)--\n (1) compensation to the Pueblo shall be paid from the \n permanent judgment appropriation established pursuant to \n section 1304 of title 31, United States Code, in the total \n amount of $32,838,750 for all monetary damages and attorney \n fees, interest, and any other fees and costs of any kind that \n were or could have been presented in connection with Docket No. \n 98-166L of the United States Court of Federal Claims; but\n (2) the Pueblo shall retain all rights, including the right \n to bring civil actions based on causes of action, relating to \n the removal of ordnance under--\n (A) the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9601 \n et seq.);\n (B) the Defense Environmental Restoration Program \n under section 2701 of title 10, United States Code; and\n (C) any contract entered into by the Pueblo for the \n removal of ordnance.\n (d) Other Limitations on Use of Funds.--The Indian Tribal Judgment \nFunds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply \nto funds distributed or withdrawn from the Restoration Fund under this \nAct.\n (e) No Effect on Land, Resources, or Water Rights.--Nothing in this \nAct affects the status of land and natural resources of the Pueblo or \nany water right of the Pueblo.\n ","summary":"Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta. And (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund. Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the US Court of Federal Claims. Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case. Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L.","title":"A bill to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, and for other purposes.","text_len":15486,"sum_len":1242} {"bill_id":"113_hr3520","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Exempt Organization Simplification \nand Taxpayer Protection Act of 2013''.\n\nSEC. 2. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO OPERATE \n AS 501(C)(4).\n\n (a) In General.--Part I of subchapter F of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO \n OPERATE AS 501(C)(4).\n\n ``(a) In General.--An organization described in section 501(c)(4) \nshall, not later than 60 days after the organization is established, \nnotify the Secretary (in such manner as the Secretary shall by \nregulation prescribe) that it is operating as such.\n ``(b) Contents of Notice.--The notice required under subsection (a) \nshall include the following information:\n ``(1) The name, address, and taxpayer identification number \n of the organization.\n ``(2) The date on which, and the State under the laws of \n which, the organization was organized.\n ``(3) A statement of the purpose of the organization.\n ``(c) Acknowledgment of Receipt.--Not later than 60 days after \nreceipt of such a notice, the Secretary shall send to the organization \nan acknowledgment of such receipt.\n ``(d) Extension for Reasonable Cause.--The Secretary may, for \nreasonable cause, extend the 60-day period described in subsection (a).\n ``(e) User Fee.--The Secretary shall impose a reasonable user fee \nfor submission of the notice under subsection (a).\n ``(f) Request for Determination.--Upon request by an organization \nto be treated as an organization described in section 501(c)(4), the \nSecretary may issue a determination with respect to such treatment. \nSuch request shall be treated for purposes of section 6104 as an \napplication for exemption from taxation under section 501(a).''.\n (b) Supporting Information With First Return.--Paragraph (1) of \nsection 6033(f) of such Code is amended--\n (1) by striking the period at the end and inserting ``, \n and'',\n (2) by striking ``include on the return required under \n subsection (a) the information'' and inserting the following: \n ``include on the return required under subsection (a)--\n ``(1) the information'', and\n (3) by adding at the end the following new paragraph:\n ``(2) in the case of the first such return filed by such an \n organization after submitting a notice to the Secretary under \n section 506(a), such information as the Secretary shall by \n regulation require in support of the organization's treatment \n as an organization described in section 501(c)(4).''.\n (c) Failure To File Initial Notification.--Subsection (c) of \nsection 6652 of such Code is amended by redesignating paragraphs (4) \nand (5) as paragraphs (5) and (6), respectively, and by inserting after \nparagraph (3) the following new paragraph:\n ``(4) Notices under section 506.--\n ``(A) Penalty on organization.--In the case of a \n failure to submit a notice required under section \n 506(a) (relating to organizations required to notify \n Secretary of intent to operate as 501(c)(4)) on the \n date and in the manner prescribed therefor, there shall \n be paid by the organization failing to so submit $20 \n for each day during which such failure continues, but \n the total amount imposed under this subparagraph on any \n organization for failure to submit any one notice shall \n not exceed $5,000.\n ``(B) Managers.--The Secretary may make written \n demand on an organization subject to penalty under \n subparagraph (A) specifying in such demand a reasonable \n future date by which the notice shall be submitted for \n purposes of this subparagraph. If such notice is not \n submitted on or before such date, there shall be paid \n by the person failing to so submit $20 for each day \n after the expiration of the time specified in the \n written demand during which such failure continues, but \n the total amount imposed under this subparagraph on all \n persons for failure to submit any one notice shall not \n exceed $5,000.''.\n (d) Clerical Amendment.--The table of sections for part I of \nsubchapter F of chapter 1 of such Code is amended by adding at the end \nthe following new item:\n\n``Sec. 506. Organizations required to notify Secretary of intent to \n operate as 501(c)(4).''.\n (e) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to organizations which are described in section 501(c)(4) \n of the Internal Revenue Code of 1986 and organized after \n December 31, 2014.\n (2) Certain existing organizations.--In the case of any \n other organization described in section 501(c)(4) of such Code, \n the amendments made by this section shall apply to such \n organization only if, on or before the date of the enactment of \n this Act--\n (A) such organization has not applied for a written \n determination of recognition as an organization \n described in section 501(c)(4) of such Code, and\n (B) such organization has not filed at least one \n annual return or notice required under subsection \n (a)(1) or (i) (as the case may be) of section 6033 of \n such Code.\n In the case of any organization to which the amendments made by \n this section apply by reason of the preceding sentence, such \n organization shall submit the notice required by section 506(a) \n of such Code, as added by this Act, not later than 180 days \n after the date of the enactment of this Act.\n\nSEC. 3. DECLARATORY JUDGMENTS FOR 501(C)(4) ORGANIZATIONS.\n\n (a) In General.--Paragraph (1) of section 7428(a) of the Internal \nRevenue Code of 1986 is amended by striking ``or'' at the end of \nsubparagraph (C) and by inserting after subparagraph (D) the following \nnew subparagraph:\n ``(E) with respect to the initial classification or \n continuing classification of an organization described \n in section 501(c)(4) which is exempt from tax under \n section 501(a), or''.\n (b) Effective Date.--The amendments made by this section shall \napply to pleadings filed after the date of the enactment of this Act.\n\nSEC. 4. RELEASE OF INFORMATION REGARDING THE STATUS OF CERTAIN \n INVESTIGATIONS.\n\n (a) In General.--Subsection (e) of section 6103 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(11) Disclosure of information regarding status of \n investigation of violation of this section.--In the case of a \n person who provides to the Secretary information indicating a \n violation of section 7213, 7213A, or 7214 with respect to any \n return or return information of such person, the Secretary may \n disclose to such person (or such person's designee)--\n ``(A) whether an investigation based on the \n person's provision of such information has been \n initiated and whether it is open or closed,\n ``(B) whether any such investigation substantiated \n such a violation by any individual, and\n ``(C) whether any action has been taken with \n respect to such individual (including whether a \n referral has been made for prosecution of such \n individual).''.\n (b) Effective Date.--The amendment made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 5. REVIEW OF INTERNAL REVENUE SERVICE EXAMINATION SELECTION \n PROCEDURES.\n\n (a) In General.--The Comptroller General of the United States shall \nconduct a study of each Internal Revenue Service operating division to \nassess the process used for determining how enforcement cases are \nselected and processed. Such study shall include a review of the \nfollowing:\n (1) The standards each such operating division has \n established for enforcement case selection (including any \n automated or discretionary selection processes) and case work, \n and whether such standards meet the objectives of impartiality, \n objectivity, compliance, and minimizing taxpayer burden.\n (2) The extent to which any cases are initiated by \n referrals or complaints from inside or outside of the operating \n division (including from outside of the Internal Revenue \n Service).\n (3) The Internal Revenue Service controls (including \n management reviews and regular updates) for assuring that its \n standards for enforcement cases (and handling of referrals and \n complaints) in each operating division are sufficient for \n achieving the objectives described in paragraph (1).\n (4) The Internal Revenue Service controls (including \n training, monitoring, and quality assessments) for assuring \n that its standards are adhered to by all division personnel and \n the effectiveness of such controls.\n (5) Whether the existing standards and controls provide \n reasonable assurance that each division's enforcement processes \n meet the Internal Revenue Service objectives of impartiality, \n objectivity, compliance, and minimizing taxpayer burden.\n (b) Initial Report.--Not later than 1 year after the date of the \nenactment of this section, the Comptroller General shall submit to the \nCommittee on Ways and Means of the House of Representatives, the \nCommittee on Finance of the Senate, and the Secretary of the Treasury a \nreport on the results of such study. Such report shall include such \nrecommendations as the Comptroller General may deem advisable.\n (c) Follow-Up on Recommendations.--Not later than 180 days after a \nreport is submitted with respect to an operating division under \nsubsection (b), the Comptroller General shall conduct a follow-up \nstudy, and submit to the Committee on Ways and Means of the House of \nRepresentatives, the Committee on Finance of the Senate, and the \nSecretary of the Treasury a report, on whether any recommendations to \nimprove case selection and case work processes have been implemented \nand are working as intended.\n (d) Continuing Case Management Studies and Reports.--\n (1) In general.--After a report is submitted under \n subsection (b), the Comptroller General shall conduct follow-up \n studies and reports in the same manner as provided in \n subsections (a) and (b) with respect to each operating division \n of the Internal Revenue Service and shall include in such study \n and report a review of whether any previous recommendations to \n improve case selection and case work processes have been \n implemented and are working as intended.\n (2) Frequency.--Each such report with respect to an \n operating division shall be submitted not later than 4 years \n after the date the most recent report was submitted with \n respect to such operating division under subsection (b) or this \n subsection. The Comptroller General shall submit no fewer than \n 1 such report each year.\n\nSEC. 6. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL ACCOUNTS FOR \n OFFICIAL BUSINESS.\n\n No officer or employee of the Internal Revenue Service may use a \npersonal email account to conduct any official business of the \nGovernment.","summary":"Exempt Organization Simplification and Taxpayer Protection Act of 2013 - Amends the Internal Revenue Code to: (1) require an organization that intends to operate as a tax-exempt social welfare organization to notify the Secretary of the Treasury of such intent with information as to its identity and purpose, (2) allow such an organization to seek a declaratory judgment concerning its status and classification as a tax-exempt organization, and (3) authorize the Secretary to disclose information for investigations of violations of internal revenue laws relating to unauthorized disclosure or inspection of tax information and unlawful acts of revenue officers or agents. Directs the Comptroller General (GAO) to study and report on the process used for determining how Internal Revenue Service (IRS) enforcement cases are selected and processed. Prohibits any IRS officer or employee from using a personal email account to conduct official business.","title":"Exempt Organization Simplification and Taxpayer Protection Act of 2013","text_len":12151,"sum_len":953} {"bill_id":"108_hr3636","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Genetic Privacy and \nNondiscrimination Act of 2003''.\n\nSEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.\n\n (a) Amendments Relating to the Group Market.--\n (1) Prohibition of health discrimination on the basis of \n genetic information in the group market.--\n (A) No enrollment restriction for genetic \n services.--Section 2702(a)(1)(F) of the Public Health \n Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by \n inserting before the period the following: ``(including \n information about a request for or receipt of genetic \n services)''.\n (B) No discrimination in premiums based on \n predictive genetic information.--Subpart 2 of part A of \n title XXVII of the Public Health Service Act (42 U.S.C. \n 300gg-4 et seq.) is amended by adding at the end the \n following new section:\n\n``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE \n BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP \n MARKET.\n\n ``A group health plan, or a health insurance issuer offering group \nhealth insurance coverage in connection with a group health plan shall \nnot adjust premium or contribution amounts for a group on the basis of \npredictive genetic information concerning any individual (including a \ndependent) or family member of the individual (including information \nabout a request for or receipt of genetic services).''.\n (C) Conforming amendment.--Section 2702(b) of the \n Public Health Service Act (42 U.S.C. 300gg-1(b)) is \n amended by adding at the end the following:\n ``(3) Reference to related provision.--For a provision \n prohibiting the adjustment of premium or contribution amounts \n for a group under a group health plan on the basis of \n predictive genetic information (including information about a \n request for or receipt of genetic services), see section \n 2707.''.\n (2) Definitions.--Section 2791(d) of the Public Health \n Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the \n end the following:\n ``(15) Family member.--The term `family member' means, with \n respect to an individual--\n ``(A) the spouse of the individual;\n ``(B) a dependent child of the individual; and\n ``(C) all other individuals related by blood to the \n individual or the spouse or child described in \n subparagraph (A) or (B).\n ``(16) Genetic services.--The term `genetic services' means \n health services for an individual provided to interpret and \n assess predictive genetic information for diagnostic or \n therapeutic purposes as well as to counsel individuals \n regarding the use of specific predictive genetic information.\n ``(17) Predictive genetic information.--\n ``(A) In general.--The term `predictive genetic \n information' means individually identifiable \n information which identifies the presence, absence, \n variation, alteration, or modification of a human gene \n or genes that--\n ``(i) are scientifically or medically \n identifiable; and\n ``(ii) are--\n ``(I) known to be a primary cause \n of a disease, disorder, or syndrome in \n a person, or associated with a \n significantly increased statistical \n risk of development of a disease, \n disorder, or syndrome in a person, but \n which have not resulted in signs in the \n person that would otherwise permit \n diagnosis of the disease, disorder, or \n syndrome; or\n ``(II) associated with an increased \n statistical risk of a person having \n offspring with a disease, disorder, or \n syndrome.\n ``(B) Limitations.--The term `predictive genetic \n information' does not include--\n ``(i) information from which individual \n identifiers are removed, encoded, or encrypted \n to prevent disclosure of the individual's \n identity;\n ``(ii) information for research conducted \n in compliance with the regulations and \n protections provided for under parts 50 and 56 \n of title 21 and under part 46 of title 45, Code \n of Federal Regulations; or\n ``(iii) information related to a manifested \n disease, disorder, impairment, or condition \n which could be reasonably detected by a health \n care professional with appropriate training and \n expertise in the field of medicine involved.\n ``(18) Predictive genetic test.--The term `predictive \n genetic test' means a laboratory test on a biological sample of \n a person performed solely to obtain predictive genetic \n information.''.\n (b) Amendments Relating to the Individual Market.--The first \nsubpart 3 of part B of title XXVII of the Public Health Service Act (42 \nU.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by \nadding at the end the following:\n\n``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF \n PREDICTIVE GENETIC INFORMATION.\n\n ``(a) Prohibition on Predictive Genetic Information as a Condition \nof Eligibility.--A health insurance issuer offering health insurance \ncoverage in the individual market may not use predictive genetic \ninformation as a condition of eligibility of an individual to enroll in \nindividual health insurance coverage (including information about a \nrequest for or receipt of genetic services).\n ``(b) Prohibition on Predictive Genetic Information in Setting \nPremium Rates.--A health insurance issuer offering health insurance \ncoverage in the individual market shall not adjust premium rates for \nindividuals on the basis of predictive genetic information concerning \nsuch an individual (including a dependent) or a family member of the \nindividual (including information about a request for or receipt of \ngenetic services).''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to--\n (1) group health plans, and health insurance coverage \n offered in connection with group health plans, for plan years \n beginning after 1 year after the date of enactment of this Act; \n and\n (2) health insurance coverage offered, sold, issued, \n renewed, in effect, or operated in the individual market after \n 1 year after the date of enactment of this Act.","summary":"Genetic Privacy and Nondiscrimination Act of 2003 - Amends the Public Health Service Act to prohibit a group or individual health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts on the basis of predictive genetic information about an individual or family member of such individual.","title":"To amend the Public Health Service Act to prohibit health discrimination against individuals and their family members on the basis of genetic information, and for other purposes.","text_len":7502,"sum_len":343} {"bill_id":"112_hr1119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Nurse Act of 2011''.\n\nSEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH.\n\n Title XVII of the Public Health Service Act (42 U.S.C. 300u et \nseq.) is amended by adding at the end the following:\n\n``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH.\n\n ``(a) Establishment.--\n ``(1) In general.--There is established within the Office \n of the Surgeon General a full-time position, to be filled by \n registered nurse to be known as the National Nurse for Public \n Health.\n ``(2) Procedure.--Except for the initial appointment of the \n National Nurse for Public Health under paragraph (3), the \n Secretary shall appoint the National Nurse for Public Health in \n accordance with Commissioned Corps Instruction CC23.4.6 \n (relating to Chief Professional Officer Nominations), as in \n effect on February 13, 2008.\n ``(3) Initial appointment.--Not later than 30 days after \n the date of enactment of this section, the Secretary shall \n appoint the individual serving as the Chief Nurse Officer of \n the Public Health Service as of the date of the enactment of \n this section as the first National Nurse for Public Health.\n ``(b) Rank and Grade.--The National Nurse for Public Health shall \nhave the same rank and grade as the Deputy Surgeon General of the \nPublic Health Service.\n ``(c) Duties.--The National Nurse for Public Health shall carry out \nthe following:\n ``(1) Provide leadership and coordination of Public Health \n Service nursing professional affairs for the Office of the \n Surgeon General and other agencies of the Public Health \n Service, including providing representation for the Government \n of the United States at the Global Forum for Government Chief \n Nursing and Midwifery Officers and serving as a member of the \n Federal Nursing Service Council.\n ``(2) Represent the Surgeon General and the agencies of \n Public Health Service in communications with groups and \n societies concerned with nursing issues at the local, State, \n national, and international levels.\n ``(3) Provide guidance and advice to the Surgeon General \n and the Nurse Professional Advisory Committee on matters such \n as standards, recruitment, retention, readiness, and career \n development of nurses employed by and contracted with agencies \n of the Public Health Service.\n ``(4) Conduct media campaigns and make personal appearances \n for purposes of paragraphs (5) through (7).\n ``(5) Provide guidance and leadership for activities to \n promote the public health, including encouraging nurses and \n other health professionals to be volunteers and developing \n projects that educate the public about and engage the public in \n prevention practices to achieve better health.\n ``(6) Provide guidance and leadership to encourage nurses \n to engage in furthering their education in order to conduct \n nursing research, increase the awareness of evidence-based \n practice, and educate future nurses.\n ``(7) Provide guidance and leadership for activities that \n will increase public safety and emergency preparedness.\n ``(d) National Health Priorities--Healthy People 2020.--\n ``(1) In general.--The National Nurse for Public Health, in \n cooperation with the Surgeon General of the Public Health \n Service, heads of the agencies of the Public Health Service, \n States, and organizations that represent health professionals, \n shall participate in the identification of national health \n priorities.\n ``(2) Addressing national health priorities.--The National \n Nurse for Public Health, in addressing national health \n priorities, shall encourage volunteerism of nurses and other \n individuals, and strengthen the relationship between Government \n agencies and health-related national organizations.\n ``(3) Community-based projects.--\n ``(A) Implementation.--In addressing national \n health priorities, the National Nurse for Public Health \n shall--\n ``(i) provide guidance and coordination on \n recommended activities to organizations;\n ``(ii) acknowledge successful programs and \n encourage their replication;\n ``(iii) promote the dissemination of \n evidence-based practice in educating the public \n on health promotion and disease prevention \n activities;\n ``(iv) encourage practicing nurses and \n other health professionals, including retired \n health professionals and students enrolled in \n health professional programs, to participate in \n health promotion activities and replicate \n successful health promotion activities; and\n ``(v) monitor activities being conducted \n through the collection and evaluation of data \n to determine if national health priorities are \n being addressed.\n ``(B) Media campaigns.--The National Nurse for \n Public Health shall ensure that media campaigns \n conducted under subsection (c)(4) include media \n campaigns regarding the national health priorities.\n ``(C) Evaluations.--The National Nurse for Public \n Health shall, directly or through awards of grants or \n contracts, evaluate the activities encouraged by the \n National Nurse for Public Health and conducted by \n community-based, nonprofit organizations to determine \n the extent to which such activities have succeeded in \n carrying out national health priorities.\n ``(D) Dissemination of information.--The National \n Nurse for Public Health shall disseminate information \n to governmental agencies, schools, and community-based, \n nonprofit organizations interested in health promotion \n and improving public health through community action.\n ``(e) Authorization of Appropriations.--For carrying out this \nsection, there are authorized to be appropriated such sums as may be \nnecessary for each of fiscal years 2012 through 2016.''.","summary":"National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.","title":"To amend the Public Health Service Act to establish the position of National Nurse for Public Health.","text_len":6864,"sum_len":928} {"bill_id":"106_hr5092","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Liability Reform Act''.\n\nSEC. 2. HEALTH CARE LIABILITY REFORM.\n\n (a) Punitive Damages.--\n (1) Award.--Punitive damages may, to the extent permitted \n by applicable State law, be awarded against a manufacturer or \n product seller in a civil action if the claimant establishes by \n clear and convincing evidence that the harm suffered was the \n result of conduct manifesting actual malice.\n (2) Drugs and devices.--The manufacturer of a prescription \n drug or device and a health care provider shall not be subject \n to punitive damages with respect to harm caused by a drug or \n device if the drug or device was approved under the Federal \n Food, Drug, and Cosmetic Act unless--\n (A) the manufacturer withholds from the Food and \n Drug Administration, or\n (B) the health care provider withholds from a \n patient,\n information which is relevant to the performance of the drug or \n device and causally related to the harm suffered by the \n plaintiff.\n (3) Limitation on amount.--The amount of punitive damages \n that may be awarded for a claim in any civil action shall not \n exceed 3 times the amount awarded to the claimant for the \n economic injury on which such claim is based, or $250,000, \n whichever is greater.\n (b) Several Liability for Noneconomic Damages.--In any action, the \nliability of each manufacturer or product seller of the product \ninvolved in such action shall be several only and shall not be joint \nfor noneconomic damages. Such manufacturer or product seller shall be \nliable only for the amount of noneconomic damages allocated to such \nmanufacturer or seller in direct proportion to such manufacturer's or \nsuch seller's percentage of responsibility as determined by the trier \nof fact.\n (c) Definitions.--As used in this section:\n (1) Claimant.--The term ``claimant'' means any person who \n brings a product liability action and any person on whose \n behalf such an action is brought, including such person's \n decedent if such an action is brought through or on behalf of \n an estate or such person's legal representative if it is \n brought through or on behalf of a minor or incompetent.\n (2) Malice.--The term ``malice'' means conduct that is \n either--\n (A) specifically intended to cause serious personal \n injury, or\n (B) carried out with both a flagrant indifference \n to the rights of the claimant and an awareness that \n such conduct is likely to result in serious personal \n injury.\n (3) Manufacturer.--With respect to a product, the term \n ``manufacturer'' means--\n (A) any person who is engaged in a business to \n produce, create, make, or construct the product and who \n designs or formulates the product or has engaged \n another person to design or formulate the product,\n (B) a product seller of the product who, before \n placing the product in the stream of commerce--\n (i) designs or formulates or has engaged \n another person to design or formulate an aspect \n of the product after the product was initially \n made by another, and\n (ii) produces, creates, makes, or \n constructs such aspect of the product, or\n (C) any product seller not described in \n subparagraph (B) which holds itself out as a \n manufacturer to the user of the product,\n (4) Product.--The term ``product''--\n (A) means any object, substance, mixture, or raw \n material in a gaseous, liquid, or solid state--\n (i) which is capable of delivery itself, in \n a mixed or combined state, or as a component \n part or ingredient,\n (ii) which is produced for introduction \n into trade or commerce,\n (iii) which has intrinsic economic value, \n and\n (iv) which is intended for sale or lease to \n persons for commercial or personal use, and\n (B) does not include--\n (i) human tissue, human organs, human \n blood, and human blood products, or\n (ii) electricity, water delivered by a \n utility, natural gas, or steam,\n (5) Product seller.--The term ``product seller''--\n (A) means a person--\n (i) who sells, distributes, leases, \n prepares, blends, packages, or labels a product \n or is otherwise involved in placing a product \n in the stream of commerce, or\n (ii) who installs, repairs, or maintains \n the harm-causing aspect of a product, and\n (B) does not include--\n (i) a manufacturer,\n (ii) a seller or lessor of real property,\n (iii) a provider of professional services \n in any case in which the sale or use of a \n product is incidental to the transaction and \n the essence of the transaction is the \n furnishing of judgment, skill, or services,\n (iv) any person who acts only in a \n financial capacity with respect to the sale of \n a product, or\n (v) any person who leases a product under a \n lease arrangement in which the selection, \n possession, maintenance, and operation of the \n product are controlled by a person other than \n the lessor.\n\nSEC. 3. PREEMPTION.\n\n This Act preempts State law, with respect to both procedural and \nsubstantive measures, to the extent that such law--\n (1) permits the recovery of a greater amount of punitive \n damages by a plaintiff than that authorized by section 2(a)(3); \n or\n (2) permits an action for joint liability for noneconomic \n damages against a manufacturer or product seller of a product \n involved in the action, which action is prohibited by section \n 2(b).\nAny issue that is not governed by this Act shall be governed by \notherwise applicable State or Federal law.","summary":"Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration. Or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.","title":"Health Care Liability Reform Act","text_len":7092,"sum_len":521} {"bill_id":"109_s3717","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Wellness for Individuals \nwith Disabilities Act of 2006''.\n\nSEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC \n EQUIPMENT.\n\n Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) \nis amended by adding at the end of the following:\n\n``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL \n DIAGNOSTIC EQUIPMENT.\n\n ``(a) Standards.--Not later than 9 months after the date of \nenactment of the Promoting Wellness for Individuals with Disabilities \nAct of 2006, the Architectural and Transportation Barriers Compliance \nBoard shall issue (including publishing) standards setting forth the \nminimum technical criteria for medical diagnostic equipment used in (or \nin conjunction with) physician's offices, clinics, emergency rooms, \nhospitals, and other medical settings. The standards shall ensure that \nsuch equipment is accessible to, and usable by, individuals with \ndisabilities, and shall allow independent entry to, use of, and exit \nfrom the equipment by such individuals to the maximum extent possible.\n ``(b) Medical Diagnostic Equipment Covered.--The standards issued \nunder subsection (a) for medical diagnostic equipment shall apply to \nequipment that includes examination tables, examination chairs \n(including chairs used for eye examinations or procedures, and dental \nexaminations or procedures), weight scales, mammography equipment, x-\nray machines, and other radiological equipment commonly used for \ndiagnostic purposes by health professionals.\n ``(c) Review and Amendment.--The Architectural and Transportation \nBarriers Compliance Board shall periodically review and, as \nappropriate, amend the standards.''.\n\nSEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH DISABILITIES.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 399P. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR INDIVIDUALS \n WITH DISABILITIES.\n\n ``(a) In General.--\n ``(1) Individual with a disability defined.--For purposes \n of this section, the term `individual with a disability' has \n the meaning given the term in section 7(20) of the \n Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes of \n title V of such Act (29 U.S.C. 791 et seq.).\n ``(2) Wellness grant program for individuals with \n disabilities.--The Secretary, in collaboration with the \n National Advisory Committee on Wellness for Individuals With \n Disabilities, may make grants on a competitive basis to public \n and nonprofit private entities for the purpose of carrying out \n programs for promoting good health, disease prevention, and \n wellness for individuals with disabilities, and preventing \n secondary conditions in such individuals.\n ``(b) Requirement of Application.--To be eligible to receive a \ngrant under subsection (a), a public or nonprofit private entity shall \nsubmit to the Secretary an application at such time, in such manner, \nand containing such agreements, assurances, and information as the \nSecretary determines to be necessary to carry out this section.\n ``(c) Authorized Activities.--With respect to promoting good health \nand wellness for individuals with disabilities described in subsection \n(a), activities for which the Secretary may make a grant under such \nsubsection include--\n ``(1) programs or activities for smoking cessation, weight \n control, nutrition, or fitness that focus on the unique \n challenges faced by individuals with disabilities regarding \n these issues;\n ``(2) preventive health screening programs for individuals \n with disabilities to reduce the incidence of secondary \n conditions; and\n ``(3) athletic, exercise, or sports programs that provide \n individuals with disabilities (including children with \n disabilities) an opportunity to increase their physical \n activity in a dedicated or adaptive recreational environment.\n ``(d) Priorities.--\n ``(1) Advisory committee.--The Secretary shall establish a \n National Advisory Committee on Wellness for Individuals With \n Disabilities that shall set priorities to carry out this \n section, review grant proposals, and make recommendations for \n funding, and annually evaluate the progress of the program \n under this section in implementing the priorities.\n ``(2) Representation.--The Advisory Committee established \n under paragraph (1) shall include representation by the \n Department of Health and Human Services Office on Disability, \n the United States Surgeon General or his designee, the Centers \n for Disease Control and Prevention, private nonprofit \n organizations that represent the civil rights and interests of \n individuals with disabilities, and individuals with \n disabilities or their family members.\n ``(e) Dissemination of Information.--The Secretary shall, in \naddition to the usual methods of the Secretary, disseminate information \nabout the availability of grants under the Wellness Grant Program for \nIndividuals with Disabilities in a manner designed to reach public \nentities and nonprofit private organizations that are dedicated to \nproviding outreach, advocacy, or independent living services to \nindividuals with disabilities.\n ``(f) Reports to Congress.--The Secretary shall, not later than 180 \ndays after the date of the enactment of the Promoting Wellness for \nIndividuals with Disabilities Act of 2006, and annually thereafter, \nsubmit to Congress a report summarizing activities, findings, outcomes, \nand recommendations resulting from the grant projects funded under this \nsection during the preceding fiscal year.\n ``(g) Authorization of Appropriations.--For the purpose of making \ngrants under this section, there are authorized to be appropriated such \nsums as may be necessary.''.\n\nSEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL SERVICES TO \n INDIVIDUALS WITH DISABILITIES.\n\n (a) Coordinated Program To Improve Pediatric Oral Health.--Section \n320A(b) of the Public Health Service Act (42 U.S.C. 247d-8(b)) is \namended by--\n (1) striking ``, or to increase'' and inserting ``, to \n increase''; and\n (2) striking the period and inserting the following ``, or \n to provide training to improve competency and clinical skills \n in providing oral health services to, and communicating with, \n patients with disabilities, including those with intellectual \n disabilities.''.\n (b) Children's Hospitals That Operate Graduate Medical Education \nPrograms.--Section 340E of the Public Health Service Act (42 U.S.C. \n256e) is amended by adding at the end the following:\n ``(h) Requirement To Provide Training.--To be eligible to receive a \npayment under this section, a children's hospital shall provide \ntraining to improve competency and clinical skills in providing health \ncare to, and communicating with, patients with disabilities, including \nthose with intellectual disabilities, as part of any approved graduate \nmedical residency training program provided by the hospital.''.\n (c) Centers of Excellence.--Section 736(b) of the Public Health \nService Act (42 U.S.C. 293(b)) is amended--\n (1) in paragraph (6)(B), by striking ``; and'' and \n inserting a semicolon;\n (2) by redesignating paragraph (7) as paragraph (8); and\n (3) by inserting after paragraph (6) the following:\n ``(7) to carry out a program to improve competency and \n clinical skills of students in providing health services to, \n and communicating with, patients with disabilities, including \n those with intellectual disabilities; and''.\n (d) Family Medicine, General Internal Medicine, General Pediatrics, \nGeneral Dentistry, Pediatric Dentistry, and Physician Assistants.--\nSection 747(a)(6) of the Public Health Service Act (42 U.S.C. \n293k(a)(6)) is amended by striking ``pediatric dentistry.'' and \ninserting the following: ``pediatric dentistry; and\n ``(7) to plan, develop, and operate a program for the \n training of physicians or dentists, or medical or dental \n residents, to improve competency and clinical skills of \n physicians and dentists in providing services to, and \n communicating with, patients with disabilities, including those \n with intellectual disabilities.''.\n (e) Advisory Council on Graduate Medical Education.--Section \n762(a)(1) of the Public Health Service Act (42 U.S.C. 294o(a)(1)) is \namended--\n (1) in subparagraph (E), by striking ``; and'' and \n inserting a semicolon;\n (2) by adding at the end the following:\n ``(G) appropriate efforts to be carried out by \n hospitals, schools of medicine, schools of osteopathic \n medicine, schools of dentistry, and accrediting bodies \n with respect to changes in undergraduate and graduate \n medical training to improve competency and clinical \n skills of physicians in providing health care services \n to, and communicating with, patients with disabilities, \n including those with intellectual disabilities; and''.\n (f) Medicare Graduate Medical Education Programs.--Section 1886(h) \nof the Social Security Act (42 U.S.C. 1395ww(h)) is amended by adding \nat the end the following:\n ``(8) Requirement to provide training.--To be eligible to \n receive a payment under this subsection, a hospital shall \n provide training to improve competency and clinical skills in \n providing health care to, and communicating with, patients with \n disabilities, including those with intellectual disabilities, \n as part of any approved medical residency training program \n provided by the hospital.''.\n (g) Effective Date.--The amendments made by subsections (b), (c), \nand (f) shall take effect 180 days after the date of enactment of this \nAct.","summary":"Promoting Wellness for Individuals with Disabilities Act of 2006 - Amends the Rehabilitation Act of 1973 to require the Architectural and Transportation Barriers Compliance Board to issue and periodically review standards setting forth the minimum technical criteria for medical diagnostic equipment used in medical settings, to ensure that such equipment: (1) is accessible to and usable by individuals with disabilities. And (2) allows independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. Applies such standards to examination tables and chairs, weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. Amends the Public Health Service Act to allow the Secretary of Health and Human Services to make grants for programs to promote good health, disease prevention, and wellness for individuals with disabilities and prevent secondary conditions in such individuals. Requires the Secretary to establish a National Advisory Committee on Wellness for Individuals With Disabilities to set priorities to carry out such programs, review grant proposals, make recommendations for funding, and annually evaluate the progress of such programs in implementing the priorities. Provides for training programs to improve competency and clinical skills for providing health care and communicating with patients with disabilities.","title":"A bill to amend the Rehabilitation Act of 1973 and the Public Health Service Act to set standards for medical diagnostic equipment and to establish a program for promoting good health, disease prevention, and wellness and for the prevention of secondary conditions for individuals with disabilities, and for other purposes.","text_len":10387,"sum_len":1466} {"bill_id":"109_hr1259","text":"SECTION 1. FINDINGS.\n\n The Congress finds the following:\n (1) In 1941, President Franklin D. Roosevelt overruled his top \n generals and ordered the creation of an all Black flight training \n program. President Roosevelt took this action one day after the \n NAACP filed suit on behalf of Howard University student Yancy \n Williams and others in Federal court to force the Department of War \n to accept Black pilot trainees. Yancy Williams had a civilian \n pilot's license and had earned an engineering degree. Years later, \n Major Yancy Williams participated in an air surveillance project \n created by President Dwight D. Eisenhower.\n (2) Due to the rigid system of racial segregation that \n prevailed in the United States during World War II, Black military \n pilots were trained at a separate airfield built near Tuskegee, \n Alabama. They became known as the ``Tuskegee Airmen''.\n (3) The Tuskegee Airmen inspired revolutionary reform in the \n Armed Forces, paving the way for full racial integration in the \n Armed Forces. They overcame the enormous challenges of prejudice \n and discrimination, succeeding, despite obstacles that threatened \n failure.\n (4) From all accounts, the training of the Tuskegee Airmen was \n an experiment established to prove that so-called ``coloreds'' were \n incapable of operating expensive and complex combat aircraft. \n Studies commissioned by the Army War College between 1924 and 1939 \n concluded that Blacks were unfit for leadership roles and incapable \n of aviation. Instead, the Tuskegee Airmen excelled.\n (5) Overall, some 992 Black pilots graduated from the pilot \n training program of the Tuskegee Army Air Field, with the last \n class finishing in June 1946, 450 of whom served in combat. The \n first class of cadets began in July 1941 with 13 airmen, all of \n whom had college degrees, some with Ph.D. degrees, and all of whom \n had pilot's licenses. One of the graduates was Captain Benjamin O. \n Davis Jr., a United States Military Academy graduate. Four aviation \n cadets were commissioned as second lieutenants, and 5 received Army \n Air Corps silver pilot wings.\n (6) That the experiment achieved success rather than the \n expected failure is further evidenced by the eventual promotion of \n 3 of these pioneers through the commissioned officer ranks to flag \n rank, including the late General Benjamin O. Davis, Jr., United \n States Air Force, the late General Daniel ``Chappie'' James, United \n States Air Force, our Nation's first Black 4-star general, and \n Major General Lucius Theus, United States Air Force (retired).\n (7) 450 Black fighter pilots under the command of then Colonel \n Benjamin O. Davis, Jr., fought in World War II aerial battles over \n North Africa, Sicily, and Europe, flying, in succession, P-40, P-\n 39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties \n and 1,578 missions with the 12th Tactical Air Force and the 15th \n Strategic Air Force.\n (8) Colonel Davis later became the first Black flag officer of \n the United States Air Force, retired as a 3-star general, and was \n honored with a 4th star in retirement by President William J. \n Clinton.\n (9) German pilots, who both feared and respected the Tuskegee \n Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black \n Birdmen''). White American bomber crews reverently referred to them \n as the ``Black Redtail Angels'', because of the bright red painted \n on the tail assemblies of their fighter aircraft and because of \n their reputation for not losing bombers to enemy fighters as they \n provided close escort for bombing missions over strategic targets \n in Europe.\n (10) The 99th Fighter Squadron, after having distinguished \n itself over North Africa, Sicily, and Italy, joined 3 other Black \n squadrons, the 100th, the 301st, and the 302nd, designated as the \n 332nd Fighter Group. They then comprised the largest fighter unit \n in the 15th Air Force. From Italian bases, they destroyed many \n enemy targets on the ground and at sea, including a German \n destroyer in strafing attacks, and they destroyed numerous enemy \n aircraft in the air and on the ground.\n (11) 66 of these pilots were killed in combat, while another 32 \n were either forced down or shot down and captured to become \n prisoners of war. These Black airmen came home with 150 \n Distinguished Flying Crosses, Bronze Stars, Silver Stars, and \n Legions of Merit, one Presidential Unit Citation, and the Red Star \n of Yugoslavia.\n (12) Other Black pilots, navigators, bombardiers and crewman \n who were trained for medium bombardment duty as the 477th Bomber \n Group (Medium) were joined by veterans of the 332nd Fighter Group \n to form the 477th Composite Group, flying the B-25 and P-47 \n aircraft. The demands of the members of the 477th Composite Group \n for parity in treatment and for recognition as competent military \n professionals, combined with the magnificent wartime records of the \n 99th Fighter Squadron and the 332nd Fighter Group, led to a review \n of the racial policies of the Department of War.\n (13) In September 1947, the United States Air Force, as a \n separate service, reactivated the 332d Fighter Group under the \n Tactical Air command. Members of the 332d Fighter Group were ``Top \n Guns'' in the 1st annual Air Force Gunnery Meet in 1949.\n (14) For every Black pilot, there were 12 other civilian or \n military Black men and women performing ground support duties. Many \n of these men and women remained in the military service during the \n post-World War II era and spearheaded the integration of the Armed \n Forces of the United States.\n (15) Major achievements are attributed to many of those who \n returned to civilian life and earned leadership positions and \n respect as businessmen, corporate executives, religious leaders, \n lawyers, doctors, educators, bankers, and political leaders.\n (16) A period of nearly 30 years of anonymity for the Tuskegee \n Airmen was ended in 1972 with the founding of Tuskegee Airmen, \n Inc., in Detroit, Michigan. Organized as a non-military and \n nonprofit entity, Tuskegee Airmen, Inc., exists primarily to \n motivate and inspire young Americans to become participants in our \n Nation's society and its democratic process, and to preserve the \n history of their legacy.\n (17) The Tuskegee Airmen have several memorials in place to \n perpetuate the memory of who they were and what they accomplished, \n including--\n (A) the Tuskegee Airmen, Inc., National Scholarship Fund \n for high school seniors who excel in mathematics, but need \n financial assistance to begin a college program;\n (B) a museum in historic Fort Wayne in Detroit, Michigan;\n (C) Memorial Park at the Air Force Museum at Wright-\n Patterson Air Force Base in Dayton, Ohio;\n (D) a statue of a Tuskegee Airman in the Honor Park at the \n United States Air Force Academy in Colorado Springs, Colorado; \n and\n (E) a National Historic Site at Moton Field, where primary \n flight training was performed under contract with the Tuskegee \n Institute.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n (a) Award Authorized.--The Speaker of the House of Representatives \nand the President pro tempore of the Senate shall make appropriate \narrangements for the award, on behalf of the Congress, of a single gold \nmedal of appropriate design in honor of the Tuskegee Airmen, \ncollectively, in recognition of their unique military record, which \ninspired revolutionary reform in the Armed Forces.\n (b) Design and Striking.--For the purposes of the award referred to \nin subsection (a), the Secretary of the Treasury (hereafter in this Act \nreferred to as the ``Secretary'') shall strike the gold medal with \nsuitable emblems, devices, and inscriptions, to be determined by the \nSecretary.\n (c) Smithsonian Institution.--\n (1) In general.--Following the award of the gold medal in honor \n of the Tuskegee Airmen under subsection (a), the gold medal shall \n be given to the Smithsonian Institution, where it will be displayed \n as appropriate and made available for research.\n (2) Sense of the congress.--It is the sense of the Congress \n that the Smithsonian Institution should make the gold medal \n received under paragraph (1) available for display elsewhere, \n particularly at other appropriate locations associated with the \n Tuskegee Airmen.\n\nSEC. 3. DUPLICATE MEDALS.\n\n Under such regulations as the Secretary may prescribe, the \nSecretary may strike and sell duplicates in bronze of the gold medal \nstruck under section 2, at a price sufficient to cover the costs of the \nmedals, including labor, materials, dies, use of machinery, and \noverhead expenses.\n\nSEC. 4. NATIONAL MEDALS.\n\n Medals struck pursuant to this Act are national medals for purposes \nof chapter 51 of title 31, United States Code.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.\n\n (a) Authorization of Appropriations.--There is authorized to be \ncharged against the United States Mint Public Enterprise Fund, an \namount not to exceed $30,000 to pay for the cost of the medals \nauthorized under section 2.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals under section 3 shall be deposited in the United States \nMint Public Enterprise Fund.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Directs that, after such award, the medal be displayed at the Smithsonian Institution. Expresses the sense of Congress that such Institution should make the medal available for display elsewhere, particularly at locations associated with the Airmen. Provides funding from the United States Mint Public Enterprise Fund to cover the cost of duplicate medals authorized for sale.","title":"To award a congressional gold medal on behalf of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.","text_len":9959,"sum_len":707} {"bill_id":"110_hr6573","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Office of Domestic Product Promotion \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) In 2007, the United States trade deficit for goods \n reached $815 billion.\n (2) In March 2005, manufacturing employment in the United \n States fell to 14.3 million. This number is lower than it was \n in 1945, when the population of the United States was more than \n 50 percent less.\n (3) In 2006, United States manufacturing's share of the \n Gross Domestic Product was approximately half what it was in \n 1950.\n (4) The earnings of United States manufacturing workers \n exceed the earnings of workers in the service and other \n sectors.\n (5) Each United States manufacturing job creates as many as \n four related jobs.\n (6) The promotion of domestically produced goods is \n beneficial for United States workers and the United States \n economy.\n\nSEC. 3. DEFINITION.\n\n In this Act the term ``domestic product'' means a product--\n (1) that is manufactured or produced in the United States; \n and\n (2) at least 65 percent of the cost of the articles, \n materials, or supplies of which are grown, mined, produced, or \n manufactured in the United States.\n\nSEC. 4. OFFICE OF DOMESTIC PRODUCT PROMOTION.\n\n (a) Establishment.--There is hereby established within the \nDepartment of Commerce an Office of Domestic Product Promotion \n(hereinafter referred to in this Act as the ``Office'').\n (b) Duties.--The Office shall--\n (1) work with United States businesses to promote domestic \n products;\n (2) provide information and advice to United States \n businesses on benefits and incentives available to United \n States businesses for producing domestic products, including \n the award of Federal procurement contracts and Federal and \n State tax benefits;\n (3) establish a comprehensive database of businesses that \n use, sell, or would prefer to use or sell, domestic products, \n and make the information in such database available to the \n public, including on a website that a user can sort and search \n by the State, county, city, or congressional district of a \n business, as well as by product type;\n (4) develop, with input from private businesses, non-profit \n businesses, labor organizations, academic institutions, and \n other entities, tools and ideas on how to promote domestic \n products; and\n (5) coordinate with State governments to further the \n Office's performance of its duties.\n\nSEC. 5. COMPOSITION OF THE OFFICE.\n\n (a) National Director.--\n (1) Selection.--The Office shall be headed by a National \n Director, who shall be appointed by the President, by and with \n the advice of the Senate.\n (2) Term.--The National Director shall serve a term of 5 \n years. A National Director whose term has expired may continue \n to serve until the date on which a successor takes office.\n (3) Compensation.--The National Director shall be \n compensated at the rate provided for level V of the Executive \n Schedule under section 5316 of title 5, United States Code.\n (b) Staff.--The National Director shall appoint, terminate, and fix \nthe compensation of such employees of the Office as the National \nDirector considers necessary to carry out the functions of the Office, \nexcept that no rate of pay fixed under this subsection may exceed the \nequivalent of the rate provided for level V of the Executive Schedule \nunder section 5316 of title 5, United States Code.\n\nSEC. 6. REGIONAL OFFICES.\n\n (a) In General.--The Office shall have six regional offices, each \nheaded by a regional director, and one regional office shall be located \nwithin each of the following six regions:\n (1) Region 1, consisting of Ohio, Pennsylvania, Michigan, \n Indiana, Illinois, Kentucky, and West Virginia.\n (2) Region 2, consisting of the District of Columbia, \n Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, \n Connecticut, New York, New Jersey, Delaware, and Maryland.\n (3) Region 3, consisting of Virginia, North Carolina, South \n Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, \n Louisiana, and Arkansas.\n (4) Region 4, consisting of California, Oregon, Washington, \n Idaho, Montana, Wyoming, Alaska, and Hawaii.\n (5) Region 5, consisting of Iowa, Missouri, North Dakota, \n South Dakota, Nebraska, Kansas, Oklahoma, Minnesota, and \n Wisconsin.\n (6) Region 6, consisting of Texas, Nevada, New Mexico, \n Arizona, Utah, and Colorado.\n (b) Duties.--The regional offices shall--\n (1) support the Office in performing the Office's duties; \n and\n (2) concentrate on issues affecting the promotion of \n domestic products produced in the region in which the regional \n office is located.\n (c) Regional Director and Staff.--\n (1) Appointment.--The National Director shall appoint, \n terminate, and fix the compensation of each regional director, \n except that no rate of pay fixed under this paragraph may \n exceed the equivalent of the rate provided for level V of the \n Executive Schedule under section 5316 of title 5, United States \n Code.\n (2) Qualifications.--Each regional director shall have \n knowledge of the domestic products produced in the region in \n which the regional office is located and region-specific issues \n related to the promotion of the region's domestic products.\n (3) Regional office staff.--Each regional director shall, \n with the approval of the National Director, appoint, terminate, \n and fix the compensation of such additional employees of the \n regional office as the regional director considers necessary to \n carry out the functions of the regional office, except that no \n rate of pay fixed under this paragraph may exceed the \n equivalent of the rate provided for level V of the Executive \n Schedule under section 5316 of title 5, United States Code.\n (d) Regional Conventions.--Each regional office shall hold an \nannual convention to help connect United States businesses producing \ndomestic products with consumers who want to work with domestic \nproducts, address domestic product production issues, and generate \nideas on how to promote domestic products.\n\nSEC. 7. REPORTS TO THE PRESIDENT AND THE CONGRESS.\n\n The National Director and the Secretary of Commerce shall submit an \nannual report to the President and the Congress on the operation of the \nOffice, including recommendations on strategies for promoting domestic \nproducts.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATION.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Office of Domestic Product Promotion Act - Establishes within the Department of Commerce an Office of Domestic Product Promotion to: (1) work with US businesses to promote domestic products. (2) provide information and advice to them on benefits and incentives available for producing domestic products, including the award of federal procurement contracts and federal and state tax benefits. (3) establish a comprehensive publicly available database of businesses that use, sell, or would prefer to use or sell, domestic products. (4) develop tools and ideas on how to promote domestic products. And (5) coordinate with state governments to further the Office's performance of its duties.","title":"To create an Office of Domestic Product Promotion within the Department of Commerce to promote the sale of United States products.","text_len":7232,"sum_len":689} {"bill_id":"106_s289","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Faith-Based Drug Treatment \nEnhancement Act''.\n\nSEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED \n THROUGH RELIGIOUS ORGANIZATIONS.\n\n Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) \nis amended by adding at the end the following:\n\n ``Part G--Services Provided Through Religious Organizations\n\n``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.\n\n ``(a) Designated Programs.--Subject to subsection (b), this part \napplies to each program under this Act that makes awards of Federal \nfinancial assistance to public or private entities for the purpose of \ncarrying out activities to prevent or treat substance abuse (in this \npart referred to as a `designated program'). Designated programs \ninclude the program under subpart II of part B of title XIX (relating \nto formula grants to the States).\n ``(b) Limitation.--This part does not apply to any award of Federal \nfinancial assistance under a designated program for a purpose other \nthan the purpose specified in subsection (a).\n ``(c) Definitions.--For purposes of this part (and subject to \nsubsection (b)):\n ``(1) Designated award recipient.--The term `designated \n award recipient' means a public or private entity that has \n received an award under a designated program (whether the award \n is a designated direct award or a designated subaward).\n ``(2) Designated direct award.--The term `designated direct \n award' means an award under a designated program that is \n received directly from the Federal Government.\n ``(3) Designated subaward.--The term `designated subaward' \n means an award of financial assistance made by a non-Federal \n entity, which award consists in whole or in part of Federal \n financial assistance provided through an award under a \n designated program.\n ``(4) Designated program.--The term `designated program' \n has the meaning given such term in subsection (a).\n ``(5) Financial assistance.--The term `financial \n assistance' means a grant, cooperative agreement, contract, or \n voucherized assistance.\n ``(6) Program beneficiary.--The term `program beneficiary' \n means an individual who receives program services.\n ``(7) Program participant.--The term `program participant' \n has the meaning given such term in section 582(a)(2).\n ``(8) Program services.--The term `program services' means \n treatment for substance abuse, or preventive services regarding \n such abuse, provided pursuant to an award under a designated \n program.\n ``(9) Religious organization.--The term `religious \n organization' means a nonprofit religious organization.\n ``(10) Voucherized assistance.--The term `voucherized \n assistance' means--\n ``(A) a system of selecting and reimbursing program \n services in which--\n ``(i) the beneficiary is given a document \n or other authorization that may be used to pay \n for program services;\n ``(ii) the beneficiary chooses the \n organization that will provide services to him \n or her according to rules specified by the \n designated award recipient; and\n ``(iii) the organization selected by the \n beneficiary is reimbursed by the designated \n award recipient for program services provided; \n or\n ``(B) any other mode of financial assistance to pay \n for program services in which the program beneficiary \n determines the allocation of program funds through his \n or her selection of one service provider from among \n alternatives.\n\n``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.\n\n ``(a) In General.--\n ``(1) Scope of authority.--Notwithstanding any other \n provision of law, a religious organization--\n ``(A) may be a designated award recipient;\n ``(B) may make designated subawards to other public \n or nonprofit private entities (including other \n religious organizations);\n ``(C) may provide for the provision of program \n services to program beneficiaries through the use of \n voucherized assistance; and\n ``(D) may be a provider of services under a \n designated program, including a provider that accepts \n voucherized assistance.\n ``(2) Definition of program participant.--For purposes of \n this part, the term `program participant' means a public or \n private entity that has received a designated direct award, or \n a designated subaward, regardless of whether the entity \n provides program services. Such term includes an entity whose \n only participation in a designated program is to provide \nprogram services pursuant to the acceptance of voucherized assistance.\n ``(b) Religious Organizations.--The purpose of this section is to \nallow religious organizations to be program participants on the same \nbasis as any other nonprofit private provider without impairing the \nreligious character of such organizations, and without diminishing the \nreligious freedom of program beneficiaries.\n ``(c) Nondiscrimination Against Religious Organizations.--\n ``(1) Findings.--The Congress finds that the establishment \n clause of the first amendment to the Constitution of the United \n States does not require that--\n ``(A) social-welfare programs discriminate against \n faith-based providers of services; or\n ``(B) faith-based providers of services, as a \n prerequisite to participation in Federal programs, \n abandon their religious character and censor their \n religious expression.\n ``(2) Nondiscrimination.--Religious organizations are \n eligible to be program participants on the same basis as any \n other nonprofit private organization. Neither the Federal \n Government nor a State receiving funds under such programs \n shall discriminate against an organization that is or applies \n to be a program participant on the basis that the organization \n has a religious character.\n ``(d) Religious Character and Freedom.--\n ``(1) Religious organizations.--Except as provided in this \n section, any religious organization that is a program \n participant shall retain its independence from Federal, State, \n and local government, including such organization's control \n over the definition, development, practice, and expression of \n its religious beliefs.\n ``(2) Additional safeguards.--Neither the Federal \n Government nor a State shall require a religious organization \n to--\n ``(A) alter its form of internal governance; or\n ``(B) remove religious art, icons, scripture, or \n other symbols;\n in order to be a program participant.\n ``(e) Nondiscrimination in Employment.--\n ``(1) In general.--Except as provided in paragraph (2), \n nothing in this section shall be construed to modify or affect \n the provisions of any other Federal or State law or regulation \n that relates to discrimination in employment on the basis of \n religion.\n ``(2) Exception.--A religious organization that is a \n program participant may require that an employee rendering \n program services adhere to--\n ``(A) the religious beliefs and practices of such \n organization; and\n ``(B) any rules of the organization regarding the \n use of drugs or alcohol.\n ``(f) Rights of Program Beneficiaries.--\n ``(1) Objections regarding religious organizations.--With \n respect to an individual who is a program beneficiary or a \n prospective program beneficiary, if the individual objects to a \n program participant on the basis that the participant is a \n religious organization, the following applies:\n ``(A) If the organization received a designated \n direct award, the organization shall arrange for the \n individual to receive program services through an \n alternative entity.\n ``(B) If the organization received a designated \n subaward, the non-Federal entity that made the subaward \n shall arrange for the individual to receive the program \n services through an alternative program participant.\n ``(C) If the organization is providing services \n pursuant to voucherized assistance, the designated \n award recipient that operates the voucherized \n assistance program shall arrange for the individual to \n receive the program services through an alternative \n provider.\n ``(D) Arrangements under any of subparagraphs (A) \n through (C) with an alternative entity shall provide \n for program services the monetary value of which is not \n less than the monetary value of the program services \n that the individual would have received from the \n religious organization involved.\n ``(2) Nondiscrimination.--\n ``(A) In general.--Except as provided in \n subparagraph (B) or as otherwise provided in law, a \n religious organization that is a program participant \n shall not in providing program services discriminate \n against a program beneficiary on the basis of religion \n or religious belief.\n ``(B) Limitation.--A religious organization that is \n a program participant may require a program beneficiary \n who has elected in accordance with paragraph (1) to \n receive program services from such organization--\n ``(i) to actively participate in religious \n practice, worship, and instruction; and\n ``(ii) to follow rules of behavior devised \n by the organizations that are religious in \n content or origin.\n ``(g) Fiscal Accountability.--\n ``(1) In general.--Except as provided in paragraph (2), any \n religious organization that is a program participant shall be \n subject to the same regulations as other recipients of awards \n of Federal financial assistance to account, in accordance with \n generally accepted auditing principles, for the use of the \n funds provided under such awards.\n ``(2) Limited audit.--With respect to the award involved, \n if a religious organization that is a program participant \n maintains the Federal funds in a separate account from non-\n Federal funds, then only the Federal funds shall be subject to \n audit.\n ``(h) Compliance.--With respect to compliance with this section by \nan agency, a religious organization may obtain judicial review of \nagency action in accordance with chapter 7 of title 5, United States \nCode.\n\n``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.\n\n ``(a) In General.--Except as provided in subsection (b), no funds \nprovided directly to an entity under a designated program shall be \nexpended for sectarian worship or instruction.\n ``(b) Exception.--Subsection (a) shall not apply to assistance \nprovided to or on behalf of a program beneficiary if the beneficiary \nmay choose where such assistance is redeemed or allocated.\n\n``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.\n\n ``(a) Funds Not Aid to Institutions.--Financial assistance under a \ndesignated program provided to or on behalf of program beneficiaries is \naid to the beneficiary, not to the organization providing program \nservices. The receipt by a program beneficiary of program services at \nthe facilities of the organization shall not constitute Federal \nfinancial assistance to the organization involved.\n ``(b) Prohibition on State Discrimination in Use of Funds.--No \nprovision in any State constitution or State law shall be construed to \nprohibit the expenditure of Federal funds under a designated program in \na religious facility or by a religious organization that is a program \nparticipant. If a State law or constitution would prevent the \nexpenditure of State or local public funds in such a facility or by \nsuch an organization, then the State or local government shall \nsegregate the Federal funds from State or other public funds for \npurposes of carrying out the designated program.\n\n``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT \n PROGRAMS.\n\n ``(a) Findings.--The Congress finds that--\n ``(1) establishing formal educational qualification for \n counselors and other personnel in drug treatment programs may \n undermine the effectiveness of such programs; and\n ``(2) such formal educational requirements for counselors \n and other personnel may hinder or prevent the provision of \n needed drug treatment services.\n ``(b) Limitation on Educational Requirements of Personnel.--\n ``(1) Treatment of religious education.--If any State or \n local government that is a program participant imposes formal \n educational qualifications on providers of program services, \n including religious organizations, such State or local \n government shall treat religious education and training of \n personnel as having a critical and positive role in the \n delivery of program services. In applying educational \n qualifications for personnel in religious organizations, such \n State or local government shall give credit for religious \n education and training equivalent to credit given for secular \n course work in drug treatment or any other secular subject that \n is of similar grade level and duration.\n ``(2) Restriction of discrimination requirements.--\n ``(A) In general.--Subject to paragraph (1), a \n State or local government that is a program participant \n may establish formal educational qualifications for \n personnel in organizations providing program services \n that contribute to success in reducing drug use among \n program beneficiaries.\n ``(B) Exception.--The Secretary shall waive the \n application of any educational qualification imposed \n under subparagraph (A) for an individual religious \n organization, if the Secretary determines that--\n ``(i) the religious organization has a \n record of prior successful drug treatment for \n at least the preceding 3 years;\n ``(ii) the educational qualifications have \n effectively barred such religious organization \n from becoming a program provider;\n ``(iii) the organization has applied to the \n Secretary to waive the qualifications; and\n ``(iv) the State or local government has \n failed to demonstrate empirically that the \n educational qualifications in question are \n necessary to the successful operation of a drug \n treatment program.''.","summary":"Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character. And (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.","title":"Faith-Based Drug Treatment Enhancement Act","text_len":16396,"sum_len":2024} {"bill_id":"106_hr3223","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``William H. Gray, III, College \nCompletion Challenge Grant Program of 1999''.\n\nSEC. 2. PROGRAM AUTHORIZED.\n\n Subpart 2 of part A of title IV of the Higher Education Act of 1965 \n(20 U.S.C. 1132a et seq.) is amended by adding at the end thereof the \nfollowing new chapter:\n\n ``CHAPTER 4--WILLIAM H. GRAY, III, COLLEGE COMPLETION CHALLENGE GRANT \n PROGRAM\n\n``SEC. 408A. FINDINGS.\n\n ``Congress makes the following findings:\n ``(1) Students from low-income families are significantly \n more likely to leave a 4-year institution of higher education \n without a baccalaureate degree than are students with higher \n incomes.\n ``(2) Even among students with above average grades, low-\n income students are still more likely to leave a 4-year \n institution of higher education without a baccalaureate degree \n than are students with higher incomes, especially low-income \n students enrolled at private institutions.\n ``(3) This lack of persistence to completion of a \n baccalaureate degree continues to contribute to the gap in \n educational attainment and ultimate income levels between \n disadvantaged students and their more affluent classmates.\n ``(4) While the focus of Federal student financial \n assistance and higher education programs has traditionally been \n to ensure access to postsecondary education, the Federal \n Government should expand its role in student financial \n assistance programs for postsecondary education to address this \n lack of persistence to baccalaureate degree completion.\n ``(5) The amount of grant assistance provided to \n postsecondary students is critical to their persistence and \n degree attainment.\n ``(6) In addition to economic disadvantage, the following \n factors significantly contribute to a student dropping out of a \n 4-year institution of higher education:\n ``(A) A delayed entry into postsecondary education \n after graduating from high school.\n ``(B) A low grade point average.\n ``(C) Working full-time while enrolled.\n ``(D) Being a first-generation college student.\n ``(E) Being less engaged with an academic program.\n ``(7) Most students who drop out of college, particularly \n those at the greatest risk of leaving their programs of study \n without a baccalaureate degree, do so during the first 2 years \n of study.\n ``(8) At-risk students who receive targeted academic \n support services persist to degree completion at higher rates \n than at-risk students who do not receive such services.\n ``(9) Educators interested in student retention have long \n viewed intensive academic summer programs for incoming first-\n year students as very important in helping students from \n disadvantaged backgrounds become acclimated to college life and \n in improving retention.\n\n``SEC. 408B. PURPOSE AND PROGRAM AUTHORITY.\n\n ``(a) Purpose.--The purpose of this program is to assist \ninstitutions of higher education to help students who are at risk of \nending their postsecondary education prior to obtaining baccalaureate \ndegrees, particularly those who are economically disadvantaged, to stay \nin school until they obtain those degrees.\n ``(b) Program Authorized.--From funds appropriated pursuant to \nsection 408G for each fiscal year, the Secretary is authorized, in \naccordance with the requirements of this chapter, to award competitive \ngrants to eligible institutions to enable them to pay the Federal share \nof the costs of carrying out programs designed to meet the purpose of \nthis chapter.\n ``(c) Duration of Grant.--A grant made under this chapter shall be \nawarded for a period of 3 years.\n\n``SEC. 408C. INSTITUTIONAL ELIGIBILITY.\n\n ``(a) In General.--An institution of higher education is eligible \nto receive a grant under this chapter if the institution--\n ``(1) meets the requirements of section 102; and\n ``(2) awards baccalaureate degrees, or, subject to \n subsection (b)(1), associate degrees.\n ``(b) Limitations.--\n ``(1) Associate degree-granting institutions.--An eligible \n applicant that awards only associate degrees may apply for a \n grant under this chapter only as part of a consortium that \n includes one or more institutions of higher education that \n awards baccalaureate degrees.\n ``(2) Multiple grants.--An institution that receives a \n grant under this chapter may compete to receive a subsequent \n grant, but may not receive more than two grants under this \n chapter.\n\n``SEC. 408D. APPLICATION PROCESS.\n\n ``(a) In General.--\n ``(1) ____.--Each eligible applicant that desires a grant \n under this chapter shall submit to the Secretary an application \n for that grant at such time and containing such information as \n the Secretary may prescribe.\n ``(2) Demonstration of prior commitment.--In order to \n receive a grant under this chapter, an applicant shall \n demonstrate in its application, to the satisfaction of the \n Secretary, its successful prior commitment to the purposes of \n this chapter, through the prior support of at least one of the \n activities described in section 408E(a).\n ``(b) Matching Requirement.--\n ``(1) In general.--The Federal share of the cost of \n programs assisted under this chapter shall not be more than 50 \n percent, and the matching funds shall be from non-Federal \n sources.\n ``(2) Consortia.--The Secretary may establish in \n regulations the matching requirement applicable to a consortium \n of institutions in which some of the institutions are eligible \n for a waiver of the matching requirement pursuant to section \n 395 or section 515.\n ``(c) Coordination Requirement.--Each eligible institution shall \nensure that the activities provided under this chapter are, to the \nextent practicable, coordinated with, complement, and enhance related \nservices under other Federal and non-Federal programs, and do not \nduplicate the services already provided at that institution.\n ``(d) Supplement, Not Supplant.--Funds under this chapter shall be \nused to supplement, and not supplant, non-Federal funds expended for \nexisting programs.\n\n``SEC. 408E. AUTHORIZED ACTIVITIES.\n\n ``(a) In General.--An eligible institution that receives a grant \nunder this chapter shall, except as provided in subsection (b), use the \ngrant to provide services or assistance to students at risk of leaving \ntheir programs of study without baccalaureate degrees, particularly \neconomically disadvantaged students, by carrying out one or more of the \nfollowing:\n ``(1) Implementing an intensive summer program for incoming \n first-year students (or students entering their second or third \n year of postsecondary education if the institution can \n demonstrate that it is addressing the needs of first-year \n students and that a summer program could help retention of \n second- or third-year students at risk of dropping out), \n provided that the institution demonstrates in its application \n that it has a strong commitment to student retention through \n additional activities.\n ``(2) Developing a strong student support service program, \n targeted to students in their first 2 years of postsecondary \n education, that includes activities such as--\n ``(A) peer tutoring;\n ``(B) mentoring programs involving faculty and \n upper class students;\n ``(C) activities to assist students currently \n enrolled in a 2-year institution to secure admission \n and financial assistance in a 4-year program of \n postsecondary education;\n ``(D) activities to assist students in securing \n admission and financial assistance for enrollment in \n graduate and professional programs; and\n ``(E) assistance in course selection.\n ``(3) Providing grants to students in their first 2 years \n of postsecondary education, in an amount not less than required \n under subsection (c), except that a recipient that provides \n grants under this paragraph shall also provide services under \n paragraphs (1) or (2), or both.\n ``(b) Special Rule.--A recipient of funds under this chapter may \nserve students who have completed their first 2 years of postsecondary \neducation if it demonstrates in its application, to the satisfaction of \nthe Secretary, that--\n ``(1) these students are at high risk of dropping out; and\n ``(2) it will first meet the needs of all its eligible \n first- and second-year students for services under this \n chapter.\n ``(c) Grant Size.--\n ``(1) In general.--The Secretary may, by regulation, \n establish minimum student grant award levels for purposes of \n subsection (a)(3), taking into account such factors as the \n different costs of attendance associated with public and \n private institutions.\n ``(2) Exception.--If the Secretary does not establish \n minimum student grant award levels under paragraph (1), or if \n an institution wishes to provide grants under subsection (a)(3) \n in an amount less than the minimum set by the Secretary, the \n institution shall demonstrate in its application, to the \n satisfaction of the Secretary, that the size of the grants it \n will provide is appropriate and likely to have a significant \n effect on the persistence problem at that institution.\n\n``SEC. 408F. RELATION TO OTHER FINANCIAL ASSISTANCE.\n\n ``A grant provided to a student by an eligible institution from an \naward made under this chapter shall not be considered in determining \nthat student's need for grant or work assistance under this title, \nexcept that in no case shall the total amount of student financial \nassistance awarded to a student under this title exceed that student's \ncost of attendance, as defined by section 472.\n\n``SEC. 408G. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There are authorized to be appropriated to carry \nout this chapter $35,000,000 for fiscal year 2000, and such sums as may \nbe necessary for each of the 4 succeeding fiscal years.--\n ``(b) Special Rule.--From the amounts appropriated under subsection \n(a) for any fiscal year, the Secretary may reserve up to 1 percent of \nsuch amount for that fiscal year in order to carry out an evaluation of \nthe program authorized by this chapter.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendment made by section 2 shall be effective on October 1, \n1999.","summary":"Authorizes the Secretary of Education to make competitive matching grants to such institutions or consortia . Limits to two the number of such grants to any institution. Requires institutions to use grant funds to provide services or assistance to students, particularly economically disadvantaged students, at risk of leaving their programs of study without baccalaureate degrees. Requires this to be done through one or both of the following: (1) intensive summer programs for incoming first-year students. And (2) student support service programs, targeted to students in their first two years of postsecondary education. Allows institutions, if they carry out either or both of those required programs, to use such funds also for grants to students in their first two years of postsecondary education. Allows use of such funds to serve students who have completed their first two years of postsecondary education if they are at-risk and the institution will first meet the needs of all its eligible first- and second-year students for services under this Act. Authorizes appropriations.","title":"William H. Gray, III, College Completion Challenge Grant Program of 1999","text_len":11268,"sum_len":1090} {"bill_id":"111_hr294","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veteran-Owned Small Business \nPromotion Act of 2009''.\n\nSEC. 2. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF VETERANS \n AFFAIRS SMALL BUSINESS LOAN PROGRAM.\n\n (a) Reauthorization.--\n (1) In general.--Chapter 37 of title 38, United States \n Code, is amended by striking section 3751.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by striking the item \n relating to section 3751.\n (3) Conforming amendment.--Section 3749 of such title is \n amended by striking subsection (e).\n (b) Expansion of Eligibility for Small Business Loans.--Chapter 37 \nof such title is further amended--\n (1) in section 3741--\n (A) by striking paragraph (2);\n (B) by striking ``this subchapter--'' and all that \n follows through ```disabled veteran''' and inserting \n ``this subchapter, the term `disabled veteran'''; and\n (C) by striking ``30 percent'' and inserting ``10 \n percent''; and\n (2) in section 3742(a)(3)(A), by striking ``of the Vietnam \n era or disabled veterans''.\n (c) Repeal of Authority To Make Direct Loans.--Chapter 37 of such \ntitle, as amended by subsections (a) and (b), is further amended--\n (1) in section 3742--\n (A) in subsection (a)--\n (i) in paragraph (2), by striking ``(A) \n loan guaranties, or (B) direct loans'' and \n inserting ``loan guarantees''; and\n (ii) in paragraph (3)(A), by striking ``and \n that at least 51 percent of a business concern \n must be owned by disabled veterans in order for \n such concern to qualify for a direct loan'';\n (B) in subsection (b)--\n (i) by striking paragraph (1) and \n redesignating paragraphs (2) through (4) as \n paragraphs (1) through (3), respectively; and\n (ii) in paragraph (2), as so redesignated, \n by striking ``make or'';\n (C) in subsection (c), by striking ``made or'';\n (D) in subsection (d)--\n (i) by striking paragraph (2);\n (ii) by striking ``(1) Except as provided \n in paragraph (2) of this subsection, the'' and \n inserting ``The''; and\n (iii) by striking ``make or''; and\n (E) in subsection (e)--\n (i) in paragraph (1)--\n (I) in the first sentence, by \n striking ``or, if the loan was a direct \n loan made by the Secretary, may suspend \n such obligation''; and\n (II) in the second sentence, by \n striking ``or while such obligation is \n suspended'';\n (ii) by striking ``or suspend'' each place \n it appears;\n (iii) by striking ``or suspension'' each \n place it appears\n (iv) by striking ``or suspends'' each place \n it appears; and\n (v) in paragraph (4)(B), by striking ``or \n suspended'';\n (2) in section 3743--\n (A) by striking ``that is provided a direct loan \n under this subchapter, or'';\n (B) by striking the comma between ``subchapter'' \n and ``shall'';\n (C) by striking ``direct or''; and\n (D) by striking ``for the amount of such direct \n loan or, in the case of a guaranteed loan,'';\n (3) in section 3746, by striking ``made or'' both places it \n appears;\n (4) in section 3749(b), by striking ``and direct loan''; \n and\n (5) in section 3750, by striking ``made or''.\n (d) Increase of Maximum Guaranty Amount.--Section 3742(b)(2), as \nredesignated by subsection (c)(1)(B)(i), is amended by striking \n``$200,000'' and inserting ``$500,000''.\n (e) Authority To Enter Into a Contract.--Section 3742 of such \ntitle, as amended by subsection (c), is further amended by adding at \nthe end the following new subsection:\n ``(f) The Secretary shall enter into a contract with an appropriate \nentity for the purpose of carrying out the program under this \nsubchapter.''.\n (f) Authority of Secretary To Subsidize Interest Rates of \nGuaranteed Loan.--Section 3745 of such title is amended by striking \nsubsection (b) and inserting the following new subsection (b):\n ``(b) For any loan guaranteed under this subchapter, the Secretary \nmay pay to the lender such amounts as may be required to reduce the \nrate of interest payable by the veterans' small business concern by up \nto one-half of one percent, except that the rate of interest payable by \nsuch concern shall not be less than one-half of one percent.''.\n (g) Preference for Members of National Guard and Reserves Activated \nin Support of Global War on Terrorism.--Section 3748 of such title is \namended--\n (1) by striking ``and, second'' and inserting ``second''; \n and\n (2) by inserting before the period at the end ``, and, \n third, to veterans' small business concern in which veterans \n who, as members of a reserve component, are activated in \n support of the Global War on Terrorism have a significant \n ownership interest''.\n (h) Authorization of Appropriations.--Section 3749(c)(1) of such \ntitle is amended by striking ``a total of $25,000,000'' and inserting \n``$1,000,000,000 for each fiscal year''.\n\nSEC. 3. LIMITATION ON REQUIREMENT OF SMALL BUSINESS CONCERNS OWNED AND \n CONTROLLED BY VETERANS TO FURNISH CERTAIN BONDS.\n\n (a) Limitation.--Subchapter II of chapter 81 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 8129. Small business concerns owned and controlled by veterans: \n contractor bonds\n ``(a) Bonds Required.--Notwithstanding subchapter II of chapter 31 \nof title 40, in entering into a contract with a small business concern \nowned and controlled by veterans for the construction, alteration, or \nrepair of any public building or public work of the Department the \nSecretary--\n ``(1) may not require the concern to furnish a performance \n or payment bond in an amount that exceeds 50 percent of the \n amount of the contract; and\n ``(2) shall ensure that the concern does not require any \n subcontractor that is a small business concern owned and \n controlled by veterans to furnish a performance or payment bond \n in an amount that exceeds 50 percent of the amount of the \n subcontract.\n ``(b) Payment of Subcontractor Bonds.--In entering into a contract \ndescribed in subsection (a) with the Secretary, a prime contractor may \nfurnish a performance or payment bond on behalf of a subcontractor that \nis a small business concern owned and controlled by veterans.\n ``(c) Definition.--For purposes of this section, the term `small \nbusiness concern owned and controlled by veterans' means a small \nbusiness concern that is included in the small business database \nmaintained by the Secretary under section 8127(f) of this title.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end of the items relating to \nsuch subchapter the following new item:\n\n``8129. Small business concerns owned and controlled by veterans: \n contractor bonds.''.\n\nSEC. 4. TREATMENT OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY \n VETERANS A SOCIALLY AND ECONOMICALLY DISADVANTAGED.\n\n Section 8128 of such title is amended--\n (1) by redesignating subsection (b) as subsection (c); and\n (2) by inserting after subsection (a) the following new \n subsection:\n ``(b) Treatment as Socially and Economically Disadvantaged.--The \nSecretary may evaluate a bid submitted by a small business concern \nowned and controlled by veterans and award a contract to such a concern \non the same basis as the Administrator of the Small Business \nAdministration may evaluate a bid submitted by a socially and \neconomically disadvantaged small business concern and award a contract \nto such a concern under section 8(a) of the Small Business Act (15 \nU.S.C. 637(a)).''.","summary":"Veteran-Owned Small Business Promotion Act of 2009 - Reinstates the veteran-owned small business loan program, under which the Secretary of Veterans Affairs may provide loans to veteran-owned small businesses for: (1) financing plant construction, conversion, or expansion. (2) financing the acquisition of equipment, facilities, machinery, supplies, or materials. Or (3) supplying working capital. Makes eligible for such loans small business owners who are veterans and have a disability rated at 10 or more, and includes all veterans . Repeals the authority to make direct loans under the program . Increases from $200,000 to $500,000 the maximum loan guaranty amount. Authorizes the Secretary to subsidize a loan lender in order to reduce by up to 12 the interest rate paid by the veteran-owned small business. Includes under a loan preference members of the National Guard and reserves activated in support of the Global War on Terrorism. Limits performance bond requirements of veteran-owned small businesses with respect to the construction, alteration, or repair of any Department of Veterans Affairs (VA) public building or public work. Treats a small business owned and controlled by veterans as a socially and economically disadvantaged small business for purposes of contracts awarded to the latter businesses under provisions of the Small Business Act.","title":"To amend title 38, United States Code, to provide for the reauthorization of the Department of Veterans Affairs small business loan program, and for other purposes.","text_len":9025,"sum_len":1365} {"bill_id":"115_hr4798","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Inventory of Assets for \nCommunications Facilities Act of 2018''.\n\nSEC. 2. INVENTORY OF FEDERAL ASSETS.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act--\n (1) the Administrator of General Services, in coordination \n with the Assistant Secretary of Commerce for Communications and \n Information, shall ensure that the database established under \n section 5(c) of Executive Order 13327 (69 Fed. Reg. 5895) \n includes an inventory of covered assets, which shall include \n the information provided under subsections (b) and (c);\n (2) the Administrator shall make such inventory available \n to the Assistant Secretary for purposes of paragraph (3); and\n (3) the Assistant Secretary shall make such inventory \n available to any entity that constructs or operates \n communications facilities or provides communications service.\n (b) Provision of Information by Executive Agencies.--\n (1) In general.--Not later than 9 months after the date of \n the enactment of this Act, the head of an Executive agency \n shall provide to the Administrator, in a manner and format to \n be determined by the Administrator, the information described \n in paragraph (2) with respect to a covered asset of such \n agency.\n (2) Information described.--The information described in \n this paragraph is--\n (A) the location of the covered asset;\n (B) the type of the covered asset, such as whether \n the asset is a building (and the type of building), \n land (and the type or use of the land), right-of-way, \n easement, utility pole, wireless communications tower, \n underground utility route, or cable on which capacity \n is available for lease;\n (C) contact information for an officer or employee \n of the agency who may be contacted for permitting or \n other information about the covered asset;\n (D) whether the covered asset is historic property \n (as defined in section 300308 of title 54, United \n States Code); and\n (E) such other information as the Administrator \n considers appropriate.\n (3) Provision of updated information.--\n (A) Change in information.--In the case of a change \n in any of the information provided to the Administrator \n under paragraph (1) with respect to a covered asset of \n an Executive agency, the head of such agency shall \n provide updated information to the Administrator not \n later than 30 days after such change.\n (B) Acquisition of new covered asset.--In the case \n of the acquisition of a covered asset by an Executive \n agency after the date that is 9 months after the date \n of the enactment of this Act, the head of such agency \n shall provide to the Administrator the information \n required by paragraph (1) with respect to such asset \n not later than 30 days after such acquisition.\n (4) Exclusion of information for national security \n reasons.--\n (A) Classified information.--The head of an \n Executive agency may exclude classified information \n from the information provided to the Administrator \n under this subsection.\n (B) Other information.--If the head of an Executive \n agency determines, in consultation with the \n Administrator, that inclusion of information (other \n than classified information) about a covered asset of \n such agency in the inventory established under \n subsection (a) would harm national security, the head \n of the agency may exclude such information from the \n information provided to the Administrator under this \n subsection.\n (C) Classified information defined.--In this \n paragraph, the term ``classified information'' means \n any information or material that has been determined by \n the Federal Government pursuant to an Executive order, \n statute, or regulation, to require protection against \n unauthorized disclosure for reasons of national \n security and any restricted data, as defined in section \n 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. \n 2014(y)).\n (c) Information on State and Local Assets.--\n (1) Voluntary provision of information.--A State or local \n government may provide to the Administrator for inclusion in \n the inventory established under subsection (a), in a manner and \n format to be determined by the Administrator, information with \n respect to a State or local asset that would be a covered asset \n if under the custody and control of an Executive agency.\n (2) Inclusion of information.--The Administrator shall \n include in such inventory any information provided by a State \n or local government in accordance with paragraph (1) in the \n same manner as information provided by an Executive agency \n under subsection (b).\n (3) Provision of updated information.--In the case of a \n change in any of the information provided to the Administrator \n under paragraph (1) with respect to a State or local asset, the \n State or local government shall provide updated information to \n the Administrator not later than 30 days after such change. If \n a State or local government does not comply with the preceding \n sentence, the Administrator shall deny the State or local \n government access to the inventory established under subsection \n (a).\n (d) Updating of Inventory.--After the establishment of the \ninventory under subsection (a), the Administrator shall include in the \ninventory information provided under subsection (b) or (c) not later \nthan the date that is 7 days after the Administrator receives such \ninformation. The information with respect to each covered asset or \nState or local asset in the inventory shall include the most recent \ndate on which such information was added or updated.\n (e) Format of Location Information.--The information in the \ninventory established under subsection (a) about the location of a \ncovered asset or State or local asset shall be in Geographic \nInformation System format or another format that the Administrator \nconsiders appropriate.\n (f) Information Security.--The Administrator shall adopt measures \nto prevent unauthorized access to the information in the inventory \nestablished under subsection (a).\n (g) Definitions.--In this section:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of General Services.\n (2) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary of Commerce for Communications \n and Information.\n (3) Communications facility.--The term ``communications \n facility'' includes--\n (A) any wireless or wireline infrastructure for the \n transmission of writing, signs, signals, data, images, \n pictures, or sounds of all kinds;\n (B) any transmitting device, tower, or support \n structure, and any equipment, switches, wiring, \n cabling, power sources, shelters, or cabinets, \n associated with the provision of communications \n services; and\n (C) any antenna or apparatus that--\n (i) is designed for the purpose of emitting \n radio frequency;\n (ii) is designed to be operated, or is \n operating, from a fixed location; and\n (iii) is added to a tower, building, or \n other structure.\n (4) Communications service.--The term ``communications \n service'' means a service for the transmission of writing, \n signs, signals, data, images, pictures, or sounds of all kinds.\n (5) Covered asset.--The term ``covered asset'' means, with \n respect to an agency, any Federal real property (as defined in \n section 2(a) of Executive Order 13327 (69 Fed. Reg. 5895)) \n under the custody and control of such agency--\n (A)(i) on which a broadband communications facility \n could be constructed; or\n (ii) that could otherwise be made available to an \n entity that--\n (I) constructs or operates broadband \n communications facilities for use in connection \n with such construction or operation; or\n (II) provides broadband communications \n service for use in connection with such \n provision; and\n (B) that is suitable for the deployment, or use in \n connection with the deployment, of broadband \n communications facilities or broadband communications \n services.\n (6) Executive agency.--The term ``Executive agency'' has \n the meaning given such term in section 105 of title 5, United \n States Code.","summary":"Inventory of Assets for Communications Facilities Act of 2018 This bill requires the General Services Administration and the Department of Commerce to ensure the federal real property database includes an inventory of real property on which a broadband communications facility could be constructed or that is suitable for deployment of broadband communications facilities or services. Commerce must make the inventory available to any entity that constructs or operates communications facilities or provides communications services.","title":"Inventory of Assets for Communications Facilities Act of 2018","text_len":9955,"sum_len":532} {"bill_id":"103_hr4432","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Housing Regulatory Relief \nAct''.\n\nSEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS.\n\n Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS.\n\n ``(a) Authority.--Upon the written request of a public housing \nagency or resident management corporation, the Secretary may authorize \nthe agency or corporation to establish policies for the operation, \nmaintenance, management, and development (including modernization) of \none or more public housing projects and, in connection with granting \nsuch authority and except as provided in subsection (b), may waive or \nmodify (with respect to the project or projects)--\n ``(1) the requirements of this Act applicable to public \n housing; and\n ``(2) any requirements applicable to the project or \n projects under other provisions of law that the Secretary \n determines are not consistent with the policies proposed for \n the project or projects.\n ``(b) Limitation.--The Secretary may not waive or modify--\n ``(1) any provision of this Act or any other provision of \n law that limits occupancy of public housing dwelling units to \n low-income families;\n ``(2) under section 18 of this Act that requires \n replacement of dwelling units in the case of demolition or \n disposition of public housing (except that the limitation on \n the use of tenant-based assistance to applications proposing \n demolition or disposition of 200 or more units may be waived);\n ``(3) any provision of the Uniform Relocation Assistance \n and Real Property Acquisition Policies Act of 1970;\n ``(4) any provision of law that relates to equal \n opportunity, nondiscrimination, or the environment; or\n ``(5) any provision of this Act or any other provision of \n law that relates to labor standards.\n ``(c) Request for Waiver.--A request under subsection (a) shall--\n ``(1) specify the provision or provisions of law to be \n waived or modified and the waivers or modifications proposed;\n ``(2) identify the public housing projects for which the \n waivers or modifications are requested;\n ``(3) describe the policies to be effective for the \n projects for which the waivers or modifications are requested; \n and\n ``(4) describe the costs to the public housing agency or \n resident management corporation, and to the Federal Government, \n of the waivers or modifications requested and the change of \n policies proposed.\n ``(d) Minimum Criteria for Approval.--The Secretary may approve a \nrequest under subsection (a) only if the Secretary determines that the \nrequest--\n ``(1) would not, over the term of such authority, result in \n the Federal Government incurring more costs than the Government \n would otherwise incur if the request were not approved;\n ``(2) is consistent with the overall purposes of the public \n housing program;\n ``(3) is consistent with the Fair Housing Act, title VI of \n the Civil Rights Act of 1964, section 504 of the Rehabilitation \n Act of 1973, the Age Discrimination Act of 1975, and the \n National Environmental Policy Act of 1969; and\n ``(4) such other requirements as the Secretary may \n establish to carry out the purposes of this section.\n ``(e) Timing.--Any authority granted to a public housing agency \npursuant to subsection (a), including any waiver or modification \npursuant to this section of any requirement, shall be effective only \nfor the period established by the Secretary in granting the waiver or \nmodification, which may not exceed 4 years. Upon such expiration and \npursuant to a written request, the Secretary may renew such authority \nfor a public housing agency or resident management corporation, subject \nto the requirements of this section.\n ``(f) Applicability of State and Local Laws.--The provisions of any \napplicable State and local laws shall apply to any public housing \nagency, resident management corporation, and public housing project \nwith respect to which authority is granted under subsection (a).\n ``(g) Reports.--The Secretary shall require each public housing \nagency and resident management corporation for which a request under \nsubsection (a) is approved to submit a report to the Secretary annually \nfor each year during the term for which the authority granted under \nsubsection (a) is effective. The report shall describe the activities, \noperations, and policies of the agency or corporation during the year \nfor which the report is submitted.\n ``(h) Definition.--For purposes of this section, the term `resident \nmanagement corporation' means a resident management corporation \nestablished in accordance with the requirements of the Secretary under \nsection 20.''.\n\nSEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT.\n\n Section 6(e) of the United States Housing Act of 1937 (42 U.S.C. \n1437d(e)) is amended to read as follows:\n ``(e) Treatment of Savings.--Each contract for contributions shall \nprovide that whenever in any year the receipts of a public housing \nagency in connection with a low-income housing project exceed its \nexpenditures (including debt service, operation, maintenance, \nestablishment of reserves, and other costs and charges) and the \nSecretary determines that such excess resulted from increased \nefficiency in the operation of the agency--\n ``(1) an amount equal to one-half of such excess shall be \n applied, or set aside for application, to purposes which, in \n the determination of the Secretary, will effect a reduction in \n the amount of subsequent annual contributions; and\n ``(2) an amount equal to one-half of such excess shall be \n applied to operating reserve established for the project and \n shall not be considered in subsequent years in calculating the \n operating subsidies provided under section 9 to the public \n housing agency, except to the extent proposed by the agency in \n its operating budget.''.\n\nSEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM \n OF PLAN.\n\n Section 14 of the United States Housing Act of 1937 (42 U.S.C. \n1437l) is amended--\n (1) in subsection (d)(3)(A), by striking ``within each 12-\n month period covered by such plan'';\n (2) in subsection (e)(1)(D), by striking ``at least a \n schedule'' and inserting ``a listing'';\n (3) in subsection (e)(3)(B), by adding at the end the \n following new sentence: ``This section may not be construed to \n require a public housing agency to amend its comprehensive plan \n under paragraph (1) to be able to (A) use assistance amounts \n for purposes consistent with the plan but not according to the \n schedule of actions to be taken under the plan, or (B) use \n assistance amounts provided to an agency for a fiscal year in \n another fiscal year covered by the plan for purposes consistent \n with the plan, notwithstanding the annual statement of \n activities by the agency under subparagraph (A).'';\n (4) in subsection (f)(1)(A), by striking ``specified for \n such year in'' and inserting ``anticipated to be conducted \n during such year under'';\n (5) in subsection (g), by striking ``to meet the objectives \n for the preceding year'' and inserting ``during the preceding \n year to meet the objectives''; and\n (6) in subsection (o), by striking ``for the purposes'' and \n all that follows through ``appropriate'' and inserting the \n following: ``in any year covered by the plan for the agency \n under subsection (d)(4) or (e)(1)(D), as appropriate, that was \n approved by the Secretary and for any purpose specified under \n or consistent with such plan, notwithstanding the schedule \n included in such plan pursuant to subsection (d)(3)(A) or \n (e)(1)(D), as appropriate''.\n\nSEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS.\n\n Section 14(g) of the United States Housing Act of 1937 (42 U.S.C. \n1437(l)(g)) is amended--\n (1) by inserting ``(1)'' after ``(g)''; and\n (2) by adding at the end the following new paragraph:\n ``(2) The Secretary may establish a system for recapturing and \nredistributing amounts provided to public housing agencies under this \nsubsection, which shall--\n ``(A) provide for the recapture of such amounts only from \n an agency that, in the determination of the Secretary pursuant \n to a review under subsection (e)(4)(B) or an audit under \n subsection (e)(4)(C), has not made reasonable progress in \n carrying out modernization projects approved by the Secretary \n under the comprehensive plan for the agency under subsection \n (d)(4) or (e);\n ``(B) provide for the redistribution of such recaptured \n amounts for use by other public housing agencies that, in the \n determination of the Secretary, need such amounts to carry out \n the comprehensive plans for such agencies and are capable of \n using such amounts in a timely manner;\n ``(C) provide for redistribution to the agencies referred \n to in subparagraph (B) based on an allocation system that takes \n into consideration the formula established pursuant to \n subsection (k)(2)(A); and\n ``(D) establish an annual schedule for redistribution of \n amounts recaptured.''.\n\nSEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING \n MODERNIZATION FUNDS.\n\n Section 14 of the United States Housing Act of 1937 (42 U.S.C. \n1437l) is amended by adding at the end the following new subsection:\n ``(q) Authority to Borrow Against Future Assistance.--\n ``(1) In general.--A public housing agency may, with the \n approval of the Secretary, enter into an agreement to pay any \n assistance for which the agency may become eligible under this \n section to ensure the repayment of notes or other obligations \n issued by the agency for the purpose of financing development, \n rehabilitation, or modernization of public housing.\n ``(2) Terms.--Notes or other obligations for which \n assistance under this section is pledged shall be in such form \n and denominations, have such maturities not exceeding 30 years, \n and be subject to such other conditions as the Secretary may \n prescribe. The Secretary may not deny a guarantee under this \n subsection on the basis of the proposed repayment period for \n the obligation, unless the period exceeds 30 years or the \n Secretary determines that the period causes the obligation to \n constitute an unacceptable financial risk.\n ``(3) Limitation on amount of outstanding obligations.--\n Assistance under this section may not be pledged for the \n repayment of any obligation if the total outstanding principal \n of all obligations for which such assistance is pledged would \n thereby exceed an amount equal to 5 times the amount of \n assistance provided under this section during the most recently \n completed fiscal year to the agency issuing the obligation.\n ``(4) Repayment.--Notwithstanding any other provision of \n this section, assistance provided to an agency under this \n section may be used in the payment of principal and interest \n due (including such servicing, underwriting, and other costs as \n the Secretary may prescribe) on the notes or other obligations \n issued by the public housing agency pursuant to this \n subsection.''.\n\nSEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING \n AGENCIES.\n\n (a) Study.--The Secretary of Housing and Urban Development shall \nconduct a study to determine the efficiency of the procedures and \nrequirements applicable to procurement by public housing agencies of \nmaterials, supplies, systems, appliances, labor, and services used in \nmaintaining, operating, and modernizing public housing projects. Under \nthe study, the Secretary shall--\n (1) compare the existing procurement system for public \n housing agencies to--\n (A) a system of procurement under which public \n housing agencies procure materials, supplies, systems, \n appliances, labor, and services for use in maintaining, \n operating, and modernizing public housing projects \n without being subject to any requirements established \n by the Secretary or any other Federal laws or \n regulations regarding procurement; and\n (B) a system of procurement that operates in the \n manner described under subparagraph (A), except that \n under such system the Secretary would annually review \n the procurement policies and actions of each public \n housing agency for the preceding year and would have \n the authority to establish limitations on procurement \n policies and activities determined by the Secretary to \n have instituted inappropriate procurement policies or \n engaged in inappropriate procurement activities;\n (2) determine the advantages and disadvantages of \n procurement pursuant to the existing procurement system for \n public housing agencies and the systems referred to in \n subparagraphs (A) and (B) of paragraph (1); and\n (3) determine the effect of the requirements under section \n 12 of the United States Housing Act of 1937 (relating to labor \n standards) on the affordability of dwelling units in public \n housing.\n (b) Report.--The Secretary of Housing and Urban Development shall \nsubmit a report to the Congress describing the study, the findings of \nthe study, and any recommendations resulting from the study, not later \nthan the expiration of the 2-year period beginning on the date of the \nenactment of this Act.","summary":"Public Housing Regulatory Relief Act - Amends the United States Housing Act of 1937 to authorize the waiver of public housing requirements. Permits a public housing agency (PHA) to retain savings realized through efficient management. Authorizes the recapture of public housing modernization funds. Authorizes PHAs to borrow against future modernization funds. Directs the Secretary of Housing and Urban Development to study PHA labor and acquisition requirements.","title":"Public Housing Regulatory Relief Act","text_len":14701,"sum_len":464} {"bill_id":"111_s701","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Medicare Patient \nIVIG Access Act of 2009''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Medicare payment for intravenous immune globulins (IVIG).\nSec. 4. Coverage and payment of intravenous immune globulin in the \n home.\nSec. 5. Collection of data and review of complexity codes for physician \n administration of IVIG.\nSec. 6. Reports.\nSec. 7. Offset.\n\nSEC. 2. FINDINGS.\n\n (a) Findings.--Congress finds the following:\n (1) The 2001 report of the Medicare Payment Advisory \n Commission to Congress states that ``to help ensure \n beneficiaries' access to high-quality care, Medicare payments \n should correspond to the cost efficient providers incur in \n furnishing this care''. Payments that do not meet this \n objective may create barriers to access.\n (2) Intravenous immune globulin (IVIG) is a human blood \n plasma derived product, which over the past 25 years has become \n an invaluable therapy for many chronic conditions and \n illnesses, including primary immunodeficiency diseases, \n autoimmune, and neurological disorders. For many of these \n disorders, IVIG is the most effective and viable treatment \n available, and has dramatically improved the quality of life \n for persons with these conditions and has become a life-saving \n therapy for many.\n (3) The Food and Drug Administration (FDA) recognizes each \n IVIG brand as a unique biologic. The differences in basic \n fractionation and the addition of various modifications for \n further purification, stabilization, and virus inactivation\/\n removal yield clearly different biological products. As a \n result, IVIG therapies are not interchangeable, with patient \n tolerance differing from one IVIG brand to another.\n (4) The report of the Office of the Assistant Secretary for \n Planning and Evaluation (ASPE), Department of Health and Human \n Services (DHHS), ``Analysis of Supply, Distribution, Demand, \n and Access Issues Associated with Immune Globulin Intravenous \n (IGIV)'', issued in May 2007, found that IVIG manufacturing is \n complex and requires substantial upfront cash outlay and \n planning and takes between 7 and 12 months from plasma \n collection at donor centers to FDA lot release.\n (5) The Medicare Prescription Drug, Improvement, and \n Modernization Act of 2003 changed Medicare's reimbursement \n methodology for IVIG from average wholesale price (AWP) to \n average sales price plus 6 percent (ASP+6), effective January \n 1, 2005, for physicians, and January 1, 2006, for hospital \n outpatient departments, thereby reducing reimbursement rates \n paid to these providers of IVIG on behalf of Medicare \n beneficiaries.\n (6) An Office of the Inspector General (OIG) April 2007 \n report, Intravenous Immune Globulin: Medicare Payment and \n Availability, found that Medicare reimbursement for IVIG was \n inadequate to cover the cost many providers must pay for the \n product. During the third quarter of 2006, 44 percent of IVIG \n sales to hospitals and 41 percent of sales to physicians by the \n three largest distributors occurred at prices above Medicare \n payment amounts.\n (7) The ASPE report notes that after the new reimbursement \n rules for physicians were instituted in 2005, 42 percent of \n Medicare beneficiaries who had received their IVIG treatment in \n their physician's office at the end of 2004 were shifted to the \n hospital outpatient setting by the beginning of 2006. This \n shift in site of care has resulted in lack of continuity of \n care and adverse impact on health outcomes and quality of life.\n (8) The OIG also reported that 61 percent of responding \n physicians indicated that they had sent patients to hospitals \n for IVIG treatment, largely because of their inability to \n purchase IVIG at prices below the Medicare payment amounts. In \n addition, OIG found that some physicians had stopped providing \n IVIG to Medicare beneficiaries altogether.\n (9) The OIG's 2007 report concluded that whatever \n improvement some providers saw in the relationship of Medicare \n reimbursement for IVIG to prices paid during the first three \n quarters of 2006 would be eroded if manufacturers were to \n increase prices for IVIG in the future.\n (10) The Centers for Medicare & Medicaid Services, in \n recognition of dislocations experienced by patients and \n providers in obtaining IVIG since the change to the ASP+6 \n reimbursement methodology, has provided during 2006 and 2007 a \n temporary additional payment for IVIG preadministration-related \n services to compensate physicians and hospital outpatient \n departments for the extra resources they have had to expend in \n locating and obtaining appropriate IVIG products and in \n scheduling patient infusions.\n (11) The Medicare Modernization Act of 2003 (MMA) \n established an IVIG home infusion benefit for persons with \n primary immunodeficiency disease (PIDD), paying only for IVIG \n and specifically excluding coverage of items and services \n related to administration of the product.\n (12) The ASPE report, Analysis of Supply, Distribution, \n Demand, and Access Issues Associated with Immune Globulin \n Intravenous (IGIV), found that Medicare's IVIG home infusion \n benefit is not designed to reimburse for more than the cost of \n IVIG and does not cover the cost of infusion services (for \n example, nursing and clinical services and supplies) in the \n home. As a consequence, the report found that home infusion \n providers generally do not accept new PIDD patients with only \n Medicare coverage. These limitations in service are caused by \n health care providers--\n (A) not being able to acquire IVIG at prices at or \n below the Medicare part B reimbursement level; and\n (B) not being reimbursed for the infusion services \n provided by a nurse.\n (13) Physicians administering IVIG to Medicare \n beneficiaries are reimbursed at the same low complexity level \n as the administration of antibiotics. However the \n administration of IVIG requires special preparation and \n handling, involves significant patient risk, and prolonged \n nursing time to monitor the patient during infusion.\n\nSEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG).\n\n (a) In General.--Section 1842(o) of the Social Security Act (42 \nU.S.C. 1395u(o)) is amended--\n (1) in paragraph (1)(E)(ii), by inserting before the period \n the following: ``, plus an additional amount (if applicable) \n under paragraph (7)'';\n (2) in paragraph (7), by striking ``(6)'' and inserting \n ``(7)'' and by redesignating it as paragraph (8); and\n (3) by inserting after paragraph (6) the following new \n paragraph:\n ``(7)(A) Not later than 6 months after the date of the \n enactment of the Medicare Patient IVIG Access Act of 2009, the \n Secretary shall--\n ``(i) collect data on the differences, if any, \n between payments to physicians for immune globulins \n under paragraph (1)(E)(ii) and costs incurred by \n physicians for furnishing these products; and\n ``(ii) review available data, including survey data \n presented by members of the IVIG community and pricing \n data collected by the Federal Government, on the access \n of individuals eligible for services under this part to \n immune globulins.\n ``(B) Upon completion of the review and collection of data \n under subparagraph (A), and not later than 7 months after the \n date of the enactment of this paragraph, the Secretary shall \n provide, if appropriate, to physicians furnishing immune \n globulins, a payment, in addition to the payment provided for \n in paragraph (1)(E)(ii), for all items related to the \n furnishing of immune globulins, in an amount that the Secretary \n determines to be appropriate. Such payment shall continue for a \n period of 2 years beginning on the date such additional payment \n is first provided under this subparagraph.''.\n (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) \nof such Act (42 U.S.C. 1395l(t)(14)) is amended--\n (1) in subparagraph (A)(iii), in the matter preceding \n subclause (I), by striking ``subparagraph (E)'' and inserting \n ``subparagraphs (E) and (I)''; and\n (2) by adding at the end the following new subparagraph:\n ``(I) Additional payment for immune globulins.--\n ``(i) Data collection and review.--Not \n later than 6 months after the date of the \n enactment of the Medicare Patient IVIG Access \n Act of 2009, the Secretary shall--\n ``(I) review available data, \n including survey data presented by \n members of the IVIG community and \n pricing data collected by the Federal \n Government, on the access of \n individuals eligible for services under \n this part to immune globulins; and\n ``(II) collect data on the \n differences, if any, between payments \n for immune globulins under subparagraph \n (A)(iii) and costs incurred for \n furnishing these products.\n ``(ii) Additional payment authority.--Upon \n completion of the review and collection of data \n under clause (i), and not later than 7 months \n after the date of the enactment of this \n subparagraph, the Secretary shall provide, if \n appropriate, to hospitals furnishing immune \n globulins as part of a covered OPD service, a \n payment, in addition to the payment provided \n for under subparagraph (A)(iii), for all items \n related to the furnishing of immune globulins, \n in an amount that the Secretary determines to \n be appropriate. Such payment shall continue for \n a period of 2 years beginning on the date such \n additional payment is first provided under this \n clause.''.\n\nSEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE \n HOME.\n\n (a) Including Coverage of Administration.--Section 1861 of the \nSocial Security Act (42 U.S.C. 1395x) is amended--\n (1) in subsection (s)(2)(Z), by inserting ``and items and \n services related to the administration of intravenous immune \n globulin'' after ``globulin''; and\n (2) in subsection (zz), by striking ``but not including \n items or services related to the administration of the \n derivative,''.\n (b) Payment for Intravenous Immune Globulin Administration in the \nHome.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by \nsection 3(a), is amended--\n (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)'' \n and inserting ``paragraph (7) or (8)'';\n (2) by redesignating paragraph (8) as paragraph (9); and\n (3) by inserting after paragraph (7) the following new \n paragraph:\n ``(8)(A) Subject to subparagraph (B), in the case of \n intravenous immune globulins described in section 1861(s)(2)(Z) \n that are furnished on or after January 1, 2010, the Secretary \n shall provide for a separate payment for items and services \n related to the administration of such intravenous immune \n globulins in an amount that the Secretary determines to be \n appropriate based on a review of available published and \n unpublished data and information, including the Study of \n Intravenous Immune Globulin Administration Options: Safety, \n Access, and Cost Issues conducted by the Secretary (CMS \n Contract #500-95-0059). Such payment amount may take into \n account the following:\n ``(i) Pharmacy overhead and related expenses.\n ``(ii) Patient service costs.\n ``(iii) Supply costs.\n ``(B) The separate payment amount provided under this \n paragraph for intravenous immune globulins furnished in 2010 or \n a subsequent year shall be equal to the separate payment amount \n determined under this paragraph for the previous year increased \n by the percentage increase in the medical care component of the \n consumer price index for all urban consumers (United States \n city average) for the 12-month period ending with June of the \n previous year.''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to intravenous immune globulin administered on or after \nJanuary 1, 2010.\n\nSEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN \n ADMINISTRATION OF IVIG.\n\n (a) Data Collection.--The Secretary of Health and Human Services \nmay enter into a contract for the collection of data, by not later than \n6 months after the date of the enactment of this Act, on the practice \nof IVIG infusion, including collection of data on the complexity of \nsuch infusions.\n (b) Data Review.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary shall review data collected under \nsuch contract as well as data submitted by members of the medical \ncommunity related to the current infusion payment codes under part B of \ntitle XVIII of the Social Security Act.\n (c) Modification of Codes.--Upon completion of any data collection \nunder subsection (a) and the review under subsection (b) and not later \nthan 7 months after the date of the enactment of this Act, the \nSecretary shall--\n (1) provide notice to the appropriate Medicare \n administrative contractors regarding which existing infusion \n codes shall be used for purposes of IVIG reimbursement under \n part B of title XVIII of the Social Security Act; or\n (2) submit to Congress and the RBRUS Committee (RUC) a \n report on why an additional infusion payment code is necessary.\n\nSEC. 6. REPORTS.\n\n (a) Report by the Secretary.--Not later than 7 months after the \ndate of the enactment of this Act, the Secretary of Health and Human \nServices shall submit a report to Congress on the following:\n (1) The results of the data collection and review conducted \n by the Secretary under subparagraph (A) of section 1842(o)(7) \n of the Social Security Act, as added by section 3(a), and \n clause (i) of section 1833(t)(14)(I) of such Act, as added by \n section 3(b).\n (2) Whether the Secretary plans to use the authority under \n subparagraph (C) of such section 1842(o)(7) and clause (iii) of \n such section 1833(t)(14)(I) of such Act to provide an \n additional payment to physicians furnishing intravenous immune \n globulins and, if the Secretary does not plan to use such \n authority, the reasons why the payment is appropriate without \n such an additional payment based on the data collected and \n reviewed.\n (b) MedPAC Report.--Not later than 2 years after the date of the \nenactment of this Act, the Medicare Payment Advisory Commission shall \nsubmit a report to the Secretary and to Congress that contains the \nfollowing:\n (1) In the case where the Secretary has used the authority \n under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the \n Social Security Act, as added by subsections (a) and (b), \n respectively, of section 3 to provide an additional payment to \n physicians furnishing intravenous immune globulins during the \n preceding year, an analysis of whether beneficiary access to \n intravenous immune globulins under the Medicare program under \n title XVIII of the Social Security Act has improved as a result \n of the Secretary's use of such authority.\n (2) An analysis of the appropriateness of implementing a \n new methodology for payment for intravenous immune globulins \n under part B of title XVIII of the Social Security Act (42 \n U.S.C. 1395k et seq.).\n (3) An analysis of the feasibility of reducing the lag time \n with respect to data used to determine the average sales price \n under section 1847A of the Social Security Act (42 U.S.C. \n 1395w-3a).\n (4) Recommendations for such legislation and administrative \n action as the Medicare Payment Advisory Commission determines \n appropriate.\n\nSEC. 7. OFFSET.\n\n Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is \namended by adding at the end the following: ``Such term includes \ndisposable drug delivery systems, including elastomeric infusion pumps, \nfor the treatment of colorectal cancer.''.","summary":"Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology. And (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Allows the Secretary to contract for the collection of data on the practice of IVIG infusion. Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B of SSA title XVIII. Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement. Or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary. Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.","title":"A bill to amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to intravenous immune globulins (IVIG).","text_len":18353,"sum_len":1641} {"bill_id":"115_s960","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving Data in Government Act of \n2017''.\n\nSEC. 2. PRESERVING GOVERNMENT DATA.\n\n (a) In General.--Subchapter I of chapter 35 of title 44, United \nStates Code, is amended--\n (1) in section 3502--\n (A) in paragraph (13), by striking ``and'' at the \n end;\n (B) in paragraph (14), by striking the period at \n the end and inserting a semicolon; and\n (C) by adding at the end the following:\n ``(15) the term `data' means recorded information, \n regardless of form or the media on which the data is recorded;\n ``(16) the term `data asset' means a collection of data \n elements or data sets that may be grouped together;\n ``(17) the term `machine-readable' means a format in which \n information or data can be easily processed by a computer \n without human intervention while ensuring no semantic meaning \n is lost;\n ``(18) the term `open format' means a technical format that \n is not encumbered by restrictions that would impede use or \n reuse;\n ``(19) the term `open Government data' means a public data \n asset that is--\n ``(A) machine-readable;\n ``(B) available in an open format; and\n ``(C) part of the worldwide public domain or, if \n necessary, published with an open license; and\n ``(20) the term `public data asset' means a data asset \n created or maintained by an agency, or a contractor of an \n agency, that--\n ``(A) is not protected under copyright or patent \n laws; and\n ``(B)(i) may be released to the public; or\n ``(ii) has been released to the public in an open \n format.''; and\n (2) by adding at the end the following:\n``Sec. 3522. Requirement to preserve Government data\n ``(a) In General.--Except as provided under subsection (c), any \nopen Government data that is made available to the public for a period \nof not less than 90 consecutive days shall--\n ``(1) remain machine-readable, available in an open format, \n and part of the worldwide public domain or, if necessary, \n published with an open license; and\n ``(2) not be altered in such a way as to decrease the \n machine-readable nature of the open Government data.\n ``(b) Alteration of Digital Location, Format, or Content.--\n ``(1) In general.--It shall not be a violation of \n subsection (a) to alter--\n ``(A) the digital location or format of open \n Government data for the purpose of routine asset \n maintenance or long-term archiving if the alteration \n does not decrease the open public accessibility or the \n machine-readable nature of the open Government data; or\n ``(B) the contents of open Government data for \n purposes of updating the open Government data or \n correcting an error in the open Government data.\n ``(2) Permanence of data after updates.--For purposes of \n subsection (a), any alteration of the digital location, format, \n or contents of open Government data under subparagraph (A) or \n (B) of paragraph (1) shall not constitute a renewal of the \n period for which the open Government data has been made \n available to the public.\n ``(3) Record of data changes after updates.--Any \n substantial alteration of the contents of open Government data \n under subparagraph (A) or (B) of paragraph (1) shall be \n recorded in a log that is made available to the public in an \n open format along with the open Government data.\n ``(c) Exceptions.--\n ``(1) Conservation of agency resources.--An agency may \n remove open Government data from public availability if--\n ``(A) the head of the agency determines that the \n open Government data--\n ``(i) is too costly to maintain; or\n ``(ii) does not provide sufficient value to \n the public;\n ``(B) not less than 6 months before the date on \n which the agency removes the open Government data from \n public availability, the agency publishes a notice of \n the removal in the Federal Register, including--\n ``(i) a clear identification of the open \n Government data;\n ``(ii) if applicable, the digital object \n identifier of the open Government data;\n ``(iii) a detailed description of the \n reasons for the removal; and\n ``(iv) a detailed description of efforts to \n make the open Government data permanently \n publicly available; and\n ``(C) the open Government data is available for \n download on the worldwide public domain for a period of \n not less than 6 months before the date on which the \n agency removes the open Government data from public \n availability.\n ``(2) Other provisions of law.--Subsection (a) shall not \n apply in the case of open Government data that is required to \n be removed from public availability or altered under another \n provision of law.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nsubchapter I of chapter 35 of title 44, United States Code, is amended \nby inserting after the item relating to section 3521 the following:\n\n``3522. Requirement to preserve Government data.''.","summary":"Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license. And (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law.","title":"Preserving Data in Government Act of 2017","text_len":6047,"sum_len":1412} {"bill_id":"111_s3746","text":"SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE \n PROGRAM.\n\n (a) Specific Appropriation or Contribution.--Section 1702 of the \nEnergy Policy Act of 2005 (42 U.S.C. 16512) is amended--\n (1) by striking subsection (b) and inserting the following:\n ``(b) Specific Appropriation or Contribution.--\n ``(1) In general.--No guarantee shall be made unless--\n ``(A) an appropriation for the cost of the \n guarantee has been made;\n ``(B) the Secretary has received from the borrower \n a payment in full for the cost of the guarantee and \n deposited the payment into the Treasury; or\n ``(C) a combination of appropriations under \n subparagraph (A) or payments from the borrower under \n subparagraph (B) has been made that is sufficient to \n cover the cost of the guarantee.\n ``(2) Limitation.--The source of payments received from a \n borrower under subparagraph (B) or (C) of paragraph (1) shall \n not be a loan or other debt obligation that is made or \n guaranteed by the Federal Government.''; and\n (2) by adding at the end the following:\n ``(l) Credit Report.--If, in the opinion of the Secretary, a third-\nparty credit rating of the applicant or project is not relevant to the \ndetermination of the credit risk of a project, if the project costs are \nnot projected to exceed $100,000,000, and the applicant agrees to \naccept the credit rating assigned to the applicant by the Secretary, \nthe Secretary may waive any otherwise applicable requirement (including \nany requirement described in part 609 of title 10, Code of Federal \nRegulations) to provide a third-party credit report.\n ``(m) Direct Hire Authority.--\n ``(1) In general.--Notwithstanding sections 3304 and \n sections 3309 through 3318 of title 5, United States Code, the \n head of the loan guarantee program under this title (referred \n to in this subsection as the `Executive Director') may, on a \n determination that there is a severe shortage of candidates or \n a severe hiring need for particular positions to carry out the \n functions of this title, recruit and directly appoint highly \n qualified critical personnel with specialized knowledge \n important to the function of the programs under this title into \n the competitive service.\n ``(2) Exception.--The authority granted under paragraph (1) \n shall not apply to positions in the excepted service or the \n Senior Executive Service.\n ``(3) Requirements.--In exercising the authority granted \n under paragraph (1), the Executive Director shall ensure that \n any action taken by the Executive Director--\n ``(A) is consistent with the merit principles of \n section 2301 of title 5, United States Code; and\n ``(B) complies with the public notice requirements \n of section 3327 of title 5, United States Code.\n ``(4) Sunset.--The authority provided under paragraph (1) \n shall terminate on September 30, 2011.\n ``(n) Professional Advisors.--The Secretary may--\n ``(1) retain agents and legal and other professional \n advisors in connection with guarantees and related activities \n authorized under this title;\n ``(2) require applicants for and recipients of loan \n guarantees to pay all fees and expenses of the agents and \n advisors; and\n ``(3) notwithstanding any other provision of law, select \n such advisors in such manner and using such procedures as the \n Secretary determines to be appropriate to protect the interests \n of the United States and achieve the purposes of this title.\n ``(o) Multiple Sites.--Notwithstanding any contrary requirement \n(including any provision under part 609.12 of title 10, Code of Federal \nRegulations) an eligible project may be located on 2 or more non-\ncontiguous sites in the United States.''.\n (b) Applications for Multiple Eligible Projects.--Section 1705 of \nthe Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--\n (1) by redesignating subsection (e) as subsection (f); and\n (2) by inserting after subsection (d) the following:\n ``(e) Multiple Applications.--Notwithstanding any contrary \nrequirement (including any provision under part 609.3(a) of title 10, \nCode of Federal Regulations), a project applicant or sponsor of an \neligible project may submit an application for more than 1 eligible \nproject under this section.''.\n (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the \nEnergy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at \nthe end the following:\n ``(4) Energy efficiency projects, including projects to \n retrofit residential, commercial, and industrial buildings, \n facilities, and equipment.''.\n (d) Fees; Professional Advisors.--Section 136 of the Energy \nIndependence and Security Act of 2007 (42 U.S.C. 17013) is amended--\n (1) by striking subsection (f) and inserting the following:\n ``(f) Fees.--Except as otherwise permitted under subsection (i), \nadministrative costs shall be not more than $100,000 or 10 basis points \nof the loan.'';\n (2) by redesignating subsections (i) and (j) as subsections \n (j) and (k), respectively; and\n (3) by inserting after subsection (h) the end the \n following:\n ``(i) Professional Advisors.--The Secretary may--\n ``(1) retain agents and legal and other professional \n advisors in connection with guarantees and related activities \n authorized under this section;\n ``(2) require applicants for and recipients of loan \n guarantees to pay directly, or through the payment of fees to \n the Secretary, all fees and expenses of the agents and \n advisors; and\n ``(3) notwithstanding any other provision of law, select \n such advisors in such manner and using such procedures as the \n Secretary determines to be appropriate to protect the interests \n of the United States and achieve the purposes of this \n section.''.","summary":"Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made. (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee. Or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee. Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project. (2) the project costs are not projected to exceed $100 million. And (3) the applicant agrees to accept the credit rating the Secretary assigns. Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions . Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities. And (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors. Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment.","title":"A bill to amend the Energy Policy Act of 2005 to improve the loan guarantee program of the Department of Energy under title XVII of that Act.","text_len":6417,"sum_len":1647} {"bill_id":"112_hr6259","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campaign Sunlight Act of 2012''.\n\nSEC. 2. ESTABLISHMENT AND OPERATION OF WEBSITE OF POLITICAL \n ADVERTISEMENTS.\n\n (a) Establishment of Website.--Section 318 of the Federal Election \nCampaign Act of 1971 (2 U.S.C. 441d) is amended by adding at the end \nthe following new subsection:\n ``(e) Website for Contents of Political Advertisements.--\n ``(1) Website described.--\n ``(A) In general.--The Commission shall establish \n and operate a website, to be known as the `Campaign \n Accountability Site', through which members of the \n public may view the contents of political \n advertisements.\n ``(B) Format.--In operating the website under this \n subsection, the Commission shall--\n ``(i) make the contents of a political \n advertisement available for viewing in the same \n format through which the advertisement was \n disseminated; and\n ``(ii) make the sources of the contents of \n the advertisement available on the website \n directly or through hyperlinks to the sources, \n as submitted to the Commission by the sponsor \n of the advertisement under paragraph (2)(B).\n ``(C) Hyperlink.--The Commission shall make the \n website established and operated under this subsection \n available through a hyperlink on the Commission's \n official public website.\n ``(2) Requiring sponsors of advertisements to provide \n contents to commission.--\n ``(A) In general.--The sponsor of a political \n advertisement shall submit the contents of the \n advertisement to the Commission in such format as the \n Commission may require to enable the Commission to \n include the advertisement on the website established \n and operated under paragraph (1).\n ``(B) Inclusion of sources cited in contents.--If \n the contents of a political advertisement include \n references to any quotation, article, hyperlink, or \n other source for any statement made in the \n advertisement, the sponsor of the advertisement shall \n include the full contents of the source (or a hyperlink \n to the full contents of the source) in the contents \n submitted to the Commission under this paragraph.\n ``(C) Deadline for submission.--The sponsor of a \n political advertisement shall submit the contents of \n the advertisement to the Commission under subparagraph \n (A) not later than--\n ``(i) 24 hours after the advertisement is \n disseminated, in the case of an advertisement \n that is disseminated during the 7-day period \n that ends on the date of the election involved; \n or\n ``(ii) 72 hours after the advertisement is \n disseminated, in the case of an advertisement \n that is disseminated during any other period.\n ``(D) Payment of fee.--If the Commission determines \n that it is appropriate to impose fees on the sponsors \n of political advertisements in amounts which do not \n exceed the amount necessary to cover the costs to the \n Commission of establishing and operating the website \n under paragraph (1), at the time the sponsor of a \n political advertisement submits the contents of the \n advertisement to the Commission under subparagraph (A), \n the sponsor shall pay the Commission the amount of any \n such fee (as determined under a fee schedule \n established by the Commission).\n ``(E) Sponsor defined.--For purposes of this \n subsection, the `sponsor' of a political advertisement \n is--\n ``(i) in the case of a political \n advertisement that is described in paragraph \n (1) or (2) of subsection (a), the authorized \n political committee involved; or\n ``(ii) in the case of a political \n advertisement that is described in paragraph \n (3) of subsection (a), the person who is \n required under such paragraph to be identified \n as the person who paid for the advertisement.\n ``(3) Political advertisement defined.--In this subsection, \n a `political advertisement' means a communication that is \n subject to subsection (a) that refers to a clearly identified \n candidate and is disseminated during the 1-year period which \n ends on the date of the election for the office sought by the \n candidate.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to political advertisements disseminated after the \nexpiration of the 120-day period that begins on the date of the \nenactment of this Act.","summary":"Campaign Sunlight Act of 2012 - Amends the Federal Election Campaign Act of 1971 to direct the Federal Election Commission (FEC) to establish and operate a website through which members of the public may view the contents of political advertisements. Requires the sponsor of a political advertisement to submit its contents to the FEC in a format the FEC may require. Requires the format to make the sources of such contents available on the website directly or through hyperlinks to the sources. Requires the sponsor to submit an advertisement to the FEC within: (1) 24 hours after its dissemination, if it is disseminated during the 7 days before the election involved, or (2) 72 hours after dissemination during any other period.","title":"To amend the Federal Election Campaign Act of 1971 to require the Federal Election Commission to establish and operate a website through which members of the public may view the contents of certain political advertisements, to require the sponsors of such advertisements to furnish the contents of the advertisements to the Commission, and for other purposes.","text_len":5649,"sum_len":732} {"bill_id":"107_hr5008","text":"SECTION 1. REPEAL OF CARRYOVER BASIS; ETC.\n\n (a) In General.--Subtitles A and E of title V of the Economic \nGrowth and Tax Relief Reconciliation Act of 2001, and the amendments \nmade by such subtitles, are hereby repealed; and the Internal Revenue \nCode of 1986 shall be applied as if such subtitles, and amendments, had \nnever been enacted.\n (b) Sunset Not To Apply.--\n (1) Subsection (a) of section 901 of the Economic Growth \n and Tax Relief Reconciliation Act of 2001 is amended by \n striking ``this Act'' and all that follows and inserting ``this \n Act (other than title V) shall not apply to taxable, plan, or \n limitation years beginning after December 31, 2010.''.\n (2) Subsection (b) of such section 901 is amended by \n striking ``, estates, gifts, and transfers''.\n (c) Conforming Amendments.--Subsections (d) and (e) of section 511 \nof the Economic Growth and Tax Relief Reconciliation Act of 2001, and \nthe amendments made by such subsections, are hereby repealed; and the \nInternal Revenue Code of 1986 shall be applied as if such subsections, \nand amendments, had never been enacted.\n\nSEC. 2. MODIFICATIONS TO ESTATE TAX.\n\n (a) Increase in Exclusion Equivalent of Unified Credit to \n$3,500,000.--\n (1) In general.--Subsection (c) of section 2010 of the \n Internal Revenue Code of 1986 (relating to applicable credit \n amount) is amended by striking all that follows ``the \n applicable exclusion amount'' and inserting ``. For purposes of \n the preceding sentence, the applicable exclusion amount is \n $3,500,000 ($3,000,000 in the case of estates of decedents \n dying, and gifts made, after December 31, 2002, and before \n January 1, 2009).''.\n (2) Earlier termination of section 2057.--Subsection (f) of \n section 2057 of such Code is amended by striking ``December 31, \n 2003'' and inserting ``December 31, 2002''.\n (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of \nGraduated Rates and Unified Credit.--Paragraph (2) of section 2001(c) \nof such Code is amended to read as follows:\n ``(2) Phaseout of graduated rates and unified credit.--The \n tentative tax determined under paragraph (1) shall be increased \n by an amount equal to 5 percent of so much of the amount (with \n respect to which the tentative tax is to be computed) as \n exceeds $10,000,000. The amount of the increase under the \n preceding sentence shall not exceed the sum of the applicable \n credit amount under section 2010(c) and $224,200.''\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, and gifts made, after December 31, \n2002.\n\nSEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; \n LIMITATION ON MINORITY DISCOUNTS.\n\n (a) In General.--Section 2031 of the Internal Revenue Code of 1986 \n(relating to definition of gross estate) is amended by redesignating \nsubsection (d) as subsection (f) and by inserting after subsection (c) \nthe following new subsections:\n ``(d) Valuation Rules for Certain Transfers of Nonbusiness \nAssets.--For purposes of this chapter and chapter 12--\n ``(1) In general.--In the case of the transfer of any \n interest in an entity other than an interest which is actively \n traded (within the meaning of section 1092)--\n ``(A) the value of any nonbusiness assets held by \n the entity shall be determined as if the transferor had \n transferred such assets directly to the transferee (and \n no valuation discount shall be allowed with respect to \n such nonbusiness assets), and\n ``(B) the nonbusiness assets shall not be taken \n into account in determining the value of the interest \n in the entity.\n ``(2) Nonbusiness assets.--For purposes of this \n subsection--\n ``(A) In general.--The term `nonbusiness asset' \n means any asset which is not used in the active conduct \n of 1 or more trades or businesses.\n ``(B) Exception for certain passive assets.--Except \n as provided in subparagraph (C), a passive asset shall \n not be treated for purposes of subparagraph (A) as used \n in the active conduct of a trade or business unless--\n ``(i) the asset is property described in \n paragraph (1) or (4) of section 1221(a) or is a \n hedge with respect to such property, or\n ``(ii) the asset is real property used in \n the active conduct of 1 or more real property \n trades or businesses (within the meaning of \n section 469(c)(7)(C)) in which the transferor \n materially participates and with respect to \n which the transferor meets the requirements of \n section 469(c)(7)(B)(ii).\n For purposes of clause (ii), material participation \n shall be determined under the rules of section 469(h), \n except that section 469(h)(3) shall be applied without \n regard to the limitation to farming activity.\n ``(C) Exception for working capital.--Any asset \n (including a passive asset) which is held as a part of \n the reasonably required working capital needs of a \n trade or business shall be treated as used in the \n active conduct of a trade or business.\n ``(3) Passive asset.--For purposes of this subsection, the \n term `passive asset' means any--\n ``(A) cash or cash equivalents,\n ``(B) except to the extent provided by the \n Secretary, stock in a corporation or any other equity, \n profits, or capital interest in any entity,\n ``(C) evidence of indebtedness, option, forward or \n futures contract, notional principal contract, or \n derivative,\n ``(D) asset described in clause (iii), (iv), or (v) \n of section 351(e)(1)(B),\n ``(E) annuity,\n ``(F) real property used in 1 or more real property \n trades or businesses (as defined in section \n 469(c)(7)(C)),\n ``(G) asset (other than a patent, trademark, or \n copyright) which produces royalty income,\n ``(H) commodity,\n ``(I) collectible (within the meaning of section \n 401(m)), or\n ``(J) any other asset specified in regulations \n prescribed by the Secretary.\n ``(4) Look-thru rules.--\n ``(A) In general.--If a nonbusiness asset of an \n entity consists of a 10-percent interest in any other \n entity, this subsection shall be applied by \n disregarding the 10-percent interest and by treating \n the entity as holding directly its ratable share of the \n assets of the other entity. This subparagraph shall be \n applied successively to any 10-percent interest of such \n other entity in any other entity.\n ``(B) 10-percent interest.--The term `10-percent \n interest' means--\n ``(i) in the case of an interest in a \n corporation, ownership of at least 10 percent \n (by vote or value) of the stock in such \n corporation,\n ``(ii) in the case of an interest in a \n partnership, ownership of at least 10 percent \n of the capital or profits interest in the \n partnership, and\n ``(iii) in any other case, ownership of at \n least 10 percent of the beneficial interests in \n the entity.\n ``(5) Coordination with subsection (b).--Subsection (b) \n shall apply after the application of this subsection.\n ``(e) Limitation on Minority Discounts.--For purposes of this \nchapter and chapter 12, in the case of the transfer of any interest in \nan entity other than an interest which is actively traded (within the \nmeaning of section 1092), no discount shall be allowed by reason of the \nfact that the transferee does not have control of such entity if the \ntransferee and members of the family (as defined in section \n2032A(e)(2)) of the transferee have control of such entity.''\n (b) Effective Date.--The amendments made by this section shall \napply to transfers after the date of the enactment of this Act.","summary":"Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A and E of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V. Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit. Sets valuation rules for certain transfers of nonbusiness assets, or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain passive assets shall not be treated as used in the active conduct of business and defines passive assets. Specifies a limitation on minority discounts.","title":"To amend the Internal Revenue Code of 1986 to limit the applicability of the estate tax to estates of over $3,500,000, and for other purposes.","text_len":9133,"sum_len":730} {"bill_id":"110_hr6263","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fulfilling the Potential of Women in \nAcademic Science and Engineering Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) In its 2007 report, Beyond Bias and Barriers, the \n National Academies state that, to maintain its scientific and \n engineering leadership amid increasing economic and educational \n globalization, the United States must aggressively pursue the \n innovative capacity of all of its people--women and men.\n (2) Women make up an increasing proportion of science and \n engineering majors at all institutions of higher education, \n including at top-rated programs such as those at the \n Massachusetts Institute of Technology where women make up 51 \n percent of its science undergraduates and 35 percent of its \n engineering undergraduates.\n (3) Despite this progress, however, women still receive \n only 20 percent of all bachelor's degrees awarded in \n engineering and physics.\n (4) For women to participate to their full potential across \n all science and engineering fields, they must see a career path \n that allows them to reach their full intellectual potential; \n much remains to be done to achieve that goal.\n (5) The Federal Government provides over 60 percent of \n research funding at institutions of higher education.\n (6) Women are a small portion of the science and \n engineering faculty members at major research universities, and \n they typically receive fewer institutional resources for their \n research activities than their male colleagues.\n (7) Unintentional biases and outmoded institutional \n structures are hindering the access and advancement of women in \n science and engineering.\n (8) Women hold a small portion of leadership positions in \n our institutions of higher education, scientific and \n professional societies, and honorary organizations.\n (9) Neither our institutions of higher education nor our \n Nation can afford such underuse of precious human capital in \n science and engineering.\n\nSEC. 3. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Director.--The term ``Director'' means the Director of \n the Office of Science and Technology Policy in the Executive \n Office of the President, acting through the National Science \n and Technology Council.\n (2) Federal science agency.--The term ``Federal science \n agency'' means any Federal agency that is responsible for at \n least 2 percent of the total Federal obligation for research \n and development at institutions of higher education, according \n to the most recent data available from the National Science \n Foundation.\n (3) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n\nSEC. 4. WORKSHOPS TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND \n ENGINEERING.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Director shall develop a uniform policy for \neach Federal science agency to carry out a program of workshops that \neducate program officers, members of grant review panels, institution \nof higher education department chairs, and other federally funded \nresearchers about methods that minimize the effects of gender bias in \nevaluation, including of Federal research grants, for hiring, tenure, \nand promotion, and for selection for any other honor based on academic \nmerit. Each Federal science agency shall establish a program of \nworkshops according to this policy.\n (b) Interagency Coordination.--The Director shall ensure that \nprograms of workshops across the Federal science agencies are \ncoordinated and supported jointly as appropriate. As part of this \nprocess, the Director shall ensure that at least 1 workshop is \nsupported every 2 years among the Federal science agencies in each of \nthe major science and engineering disciplines supported by those \nagencies.\n (c) Scientific and Professional Societies.--Federal science \nagencies may carry out the program of workshops under this section by \nmaking grants to eligible organizations. In addition to any other \norganizations made eligible by the Federal science agencies, the \nfollowing organizations are eligible for grants under this section:\n (1) Nonprofit scientific and professional societies and \n organizations that represent one or more science and \n engineering disciplines.\n (2) Nonprofit organizations that have the primary mission \n of advancing the participation of women in science and \n engineering.\n (d) Characteristics of Workshops.--The workshops shall have the \nfollowing characteristics:\n (1) Invitees to workshops shall include at least--\n (A) the chairs from at least the top 50 institution \n of higher education departments in the relevant \n discipline, as determined by the amount of Federal \n research and development funds obligated to each \n department in the prior year based on data available \n from the National Science Foundation;\n (B) members of any standing research grant review \n panel appointed by the Federal science agencies in the \n relevant discipline;\n (C) in the case of major science and engineering \n disciplines supported by the Department of Energy, the \n individuals from each of the Department of Energy \n National Laboratories with personnel management \n responsibilities comparable to those of an institution \n of higher education department chair; and\n (D) Federal science agency program officers in the \n relevant discipline, other than program officers that \n participate in comparable workshops organized and run \n specifically for that agency's program officers.\n (2) Activities at the workshops shall include research \n presentations and interactive discussions or other activities \n that increase the awareness of the existence of gender bias in \n recruitment, hiring, tenure review, promotion, grant \n evaluation, award selection, and other forms of formal \n recognition of individual achievement and provide strategies to \n overcome such bias.\n (3) Research presentations and other workshop programs, as \n appropriate, shall include a discussion of the unique \n challenges faced by women from historically underrepresented \n groups.\n (4) Workshop programs shall include information on best \n practices and the value of mentoring undergraduate and graduate \n women students as well as outreach to girls earlier in their \n science, technology, engineering, and mathematics education.\n (e) Report.--\n (1) In general.--Not later than 5 years after the date of \n enactment of this Act, the Director shall transmit to the \n Committee on Science and Technology of the House of \n Representatives and the Committee on Commerce, Science, and \n Transportation of the Senate a report evaluating the impact of \n the program carried out under this section to reduce gender \n bias towards women engaged in research funded by the Federal \n Government. The Director shall include in this report any \n recommendations for improving the evaluation process described \n in paragraph (2).\n (2) Minimum criteria for evaluation.--In determining the \n effectiveness of the program, the Director shall consider, at a \n minimum--\n (A) the rates of participation by invitees in the \n workshops authorized under this section;\n (B) the results of attitudinal surveys conducted on \n workshop participants before and after the workshops;\n (C) any institutional policy or practice changes \n reported by participants from institutions of higher \n education; and\n (D) for institution of higher education department \n chairs and Department of Energy National Laboratory \n employees who participated in at least 1 workshop 3 or \n more years prior to the due date for the report, trends \n in the data for the department represented by the chair \n or employee including--\n (i) the number and percent of women \n faculty;\n (ii) the number and percent of women in \n tenure-track positions by rank;\n (iii) tenure promotion outcomes by gender;\n (iv) years in rank by gender;\n (v) time at institution by gender;\n (vi) attrition by gender;\n (vii) the number of women who are in \n nontenure-track positions, including teaching \n and research;\n (viii) the number and percent of women \n faculty in endowed or named chairs; and\n (ix) the number and percent of women \n faculty on promotion and tenure committees.\n (f) Minimizing Costs.--To the extent practicable, workshops shall \nbe held in conjunction with national or regional disciplinary meetings \nto minimize costs associated with participant travel.\n (g) Authorization of Appropriations.--Each Federal science agency \nis authorized to contribute funds, from funds which are otherwise \nauthorized, to support the workshop and evaluation requirements under \nthis section, including--\n (1) providing grants to organizations, including the \n organizations identified under subsection (c), to plan and \n organize the workshops; and\n (2) reimbursing the travel and lodging costs of invited \n speakers and workshop participants.\n\nSEC. 5. EXTENDED RESEARCH GRANT SUPPORT AND INTERIM TECHNICAL SUPPORT \n FOR CAREGIVERS.\n\n (a) Policies for Caregivers.--Not later than 6 months after the \ndate of enactment of this Act, the Director shall develop a uniform \npolicy to--\n (1) extend the period of grant support for federally funded \n researchers who have caregiving responsibilities; and\n (2) provide funding for interim technical staff support for \n federally funded researchers who take a leave of absence for \n caregiving responsibilities.\n (b) Report.--Upon developing the policy required under subsection \n(a), the Director shall transmit a copy of the policy to the Committee \non Science and Technology of the House of Representatives and to the \nCommittee on Commerce, Science, and Transportation of the Senate.\n\nSEC. 6. COLLECTION OF DATA ON FEDERAL RESEARCH GRANTS.\n\n (a) In General.--Each Federal science agency shall collect \nstandardized annual composite information on demographics, field, award \ntype and budget request, review score, and funding outcome for all \napplications for research and development grants to institutions of \nhigher education supported by that agency.\n (b) Reporting of Data.--\n (1) The Director shall establish a policy to ensure \n uniformity and standardization of data collection required \n under subsection (a).\n (2) Not later than June 30, 2010, and annually thereafter, \n each Federal science agency shall submit data collected under \n subsection (a) to the National Science Foundation.\n (3) The National Science Foundation shall be responsible \n for storing and publishing all of the grant data submitted \n under paragraph (2) in conjunction with the biennial report \n required under section 37 of the Science and Engineering Equal \n Opportunities Act (42 U.S.C. 1885d).\n\nSEC. 7. PUBLICATION OF LIST OF INSTITUTIONAL PARTICIPATION IN WORKSHOPS \n TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND \n ENGINEERING.\n\n The Director, on the basis of data reported by the Federal science \nagencies, shall publish annually a list of institutions of higher \neducation science and engineering departments represented by \nindividuals who attend the workshops described in section 4. The list \nshall be publicly available through the website of the Office of \nScience and Technology Policy. Any institution of higher education \nscience and engineering department that is publicized on the list may \npublicize its receipt of such recognition on its website, in printed \nmaterials, or through other means.","summary":"Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008 - Requires the Director of the Office of Science and Technology Policy to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in evaluation, including of federal research grants, for hiring, tenure, and promotion, and for selection for any other honor based on academic merit. Requires the support of at least one workshop every two years among the federal science agencies in the major science and engineering disciplines. Authorizes federal science agencies to carry out such program by making grants to eligible organizations as described in this Act. Requires the Director to transmit a report evaluating such program's impact in reducing gender bias towards women engaged in research funded by the federal government. Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers. Requires transmission of a copy of such policy to specified congressional committees. Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to institutions of higher education and to submit the data collected to the National Science Foundation (NSF). Makes the NSF responsible for storing and publishing all such grant data. Requires annual publication of a list of the institutions of higher education science and engineering departments represented by individuals who attend the workshops described above.","title":"To increase awareness of the existence of and to overcome gender bias in academic science and engineering through research and training, and for other purposes.","text_len":13368,"sum_len":1698} {"bill_id":"114_hr1018","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Patient Access to Disposable Medical \nTechnology Act of 2015''.\n\nSEC. 2. COVERAGE OF CERTAIN DISPOSABLE MEDICAL TECHNOLOGIES UNDER THE \n MEDICARE PROGRAM.\n\n (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. \n1395x) is amended by adding at the end the following new subsection:\n\n ``Substitute Disposable Medical Technology\n\n ``(iii) The term `substitute disposable medical technology' means \nmedical equipment that--\n ``(1) is primarily and customarily used to serve a medical \n purpose;\n ``(2) would otherwise be covered as durable medical \n equipment under this title but for the fact that such equipment \n is not durable (as defined by the Secretary for purposes of \n coverage of durable medical equipment under this title); and\n ``(3) the Secretary determines substitutes for durable \n medical equipment.''.\n (b) Payment Provisions.--Section 1834(a) of the Social Security Act \n(42 U.S.C. 1395m(a)) is amended by adding at the end the following new \nparagraph:\n ``(23) Special payment rule for substitute disposable \n medical technologies.--Notwithstanding the preceding provisions \n of this subsection, the Secretary shall determine the payment \n amount under this subsection for a substitute disposable \n medical technology (as defined in section 1861(iii)), and for \n any services and supplies used in conjunction with such \n technology, in accordance with the following:\n ``(A) Single payment amount.--The Secretary shall \n determine a single payment amount that shall be paid \n for a substitute disposable medical technology and for \n any services and supplies used in conjunction with such \n technology. A payment for such a technology and for any \n such services and supplies that is made in the amount \n of such single payment amount shall constitute full \n payment under this title for such technology and such \n services and supplies.\n ``(B) Calculation of payment amount.--The single \n payment amount described in subparagraph (A) for a \n substitute disposable medical technology and for any \n services and supplies used in conjunction with such \n technology shall be calculated by--\n ``(i) calculating the sum of the amounts of \n payment that otherwise would be made under this \n section for--\n ``(I) the item of durable medical \n equipment for which the Secretary \n determines, pursuant to section \n 1861(iii)(3), that such substitute \n disposable medical technology \n substitutes; and\n ``(II) all services and supplies \n used in conjunction with such item of \n durable medical equipment;\n ``(ii) calculating the amount that is 95 \n percent of the sum calculated under clause (i); \n and\n ``(iii) calculating the single payment \n amount for the substitute disposable medical \n technology and for any services and supplies \n used in conjunction with such technology such \n that the sum of the payments under this \n subsection for--\n ``(I) all substitute disposable \n medical technologies that the Secretary \n determines, pursuant to section \n 1861(iii)(3), will be necessary to \n provide a substitute for the item of \n durable medical equipment described in \n clause (i)(I); and\n ``(II) any services and supplies \n used in conjunction with such \n technologies;\n is equal to the amount calculated under clause \n (ii).\n ``(C) Lump-sum payment.--The single payment amount \n described in subparagraph (A) for a substitute \n disposable medical technology and for any services and \n supplies used in conjunction with such technology shall \n be made in a lump-sum amount.''.\n (c) Nonapplication of Competitive Acquisition.--Section \n1847(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(7)(B)) \nis amended--\n (1) in clause (i), by striking ``and'' at the end;\n (2) in clause (ii), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following new clause:\n ``(iii) that are substitute disposable \n medical technologies (as defined in section \n 1861(n)(2)(B)).''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to items and services furnished on or after the date \nthat is one year after the date of the enactment of this section.","summary":"Patient Access to Disposable Medical Technology Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to cover substitute disposable medical technology, subject it to a special payment rule, and exempt it from competitive acquisition.","title":"Patient Access to Disposable Medical Technology Act of 2015","text_len":5712,"sum_len":259} {"bill_id":"112_hr2837","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Creation and Economic Growth \nAct''.\n\nSEC. 2. AMENDMENTS TO THE BUDGET CONTROL ACT OF 2011.\n\n (a) Title Amendment.--The title heading of title IV of the Budget \nControl Act of 2011 (Public Law 112-25) is amended by inserting ``, JOB \nCREATION, AND ECONOMIC GROWTH'' after ``DEFICIT REDUCTION''.\n (b) Additional Duties of Joint Select Committee.--Section 401 of \nthe Budget Control Act of 2011 (Public Law 112-25) is amended--\n (1) in subsection (a)(1), by inserting ``, Job Creation, \n and Economic Growth'' after ``Deficit Reduction'';\n (2) in subsection (b)--\n (A) in paragraph (1), by inserting ``, Job \n Creation, and Economic Growth'' after ``Deficit \n Reduction'';\n (B) in paragraph (2)--\n (i) in the paragraph heading, by striking \n ``Goal'' and inserting ``Goals'';\n (ii) by striking ``goal'' and inserting \n ``goals''; and\n (iii) by inserting before the period ``and \n to spur economic growth and restore the \n Nation's workforce to full employment, which \n shall be defined by the Secretary of Labor not \n later than 14 days after the date of enactment \n of the Job Creation and Economic Growth Act, \n over the period of fiscal years 2012 and \n 2013'';\n (C) in paragraph (3)(A)(i), by inserting ``and \n significantly improve the short-term and long-term \n employment levels in the United States and spur \n economic growth'' before the period;\n (D) in paragraph (3)(A)(ii), by striking ``reduce \n the deficit consistent with the goal'' and inserting \n ``reduce the deficit and improve employment levels \n consistent with the goal'';\n (E) in paragraph (3)(B)--\n (i) in the subparagraph heading, by \n striking ``Report'' and inserting ``Reports'';\n (ii) in clause (i)--\n (I) by striking ``and'' at the end \n of subclause (I);\n (II) in subclause (II), by \n inserting ``with respect to deficit \n reduction'' after ``subclause (I)'';\n (III) by striking the period at the \n end of subclause (II) and inserting a \n semicolon;\n (IV) by inserting after subclause \n (II) the following new subclauses:\n ``(III) proposed legislative \n language to carry out such \n recommendations as described in \n subclause (I) with respect to job \n creation measures, which shall include \n a statement of the job creation \n achieved by the legislation over the \n period of fiscal years 2012 and \n 2013.''; and\n (iii) in clause (iv), by striking ``the \n joint committee report'' and inserting ``that \n joint committee report''; and\n (iv) in clause (v), by striking ``vote'' \n and inserting ``votes''; and\n (F) in paragraph (4)--\n (i) in subparagraph (A), by striking ``12'' \n and inserting ``16'';\n (ii) in each of clause (i) through (iv) of \n subparagraph (B), by striking ``three'' each \n place it appears and inserting ``4''; and\n (iii) by adding at the end the following \n new subparagraph:\n ``(F) Subcommittee.--The joint committee shall \n appoint some of its members to a special subcommittee \n which shall make recommendations to the joint committee \n on measures to spur economic growth and restore the \n Nation's workforce to full employment over the period \n of fiscal years 2012 and 2013.''.\n (c) Conforming Amendments Relating to Expedited Consideration of \nJoint Committee Recommendations.--Section 402 of the Budget Control Act \nof 2011 (Public Law 112-25) is amended--\n (1) in subsection (a)--\n (A) by striking ``If approved by the majority'' and \n all that follows through ``section 401(b)(3)(B)(iv)'' \n and insert the following:\n ``(1) Approved deficit reduction legislative language.--If \n approved by the majority required by section 401(b)(3)(B)(ii), \n the proposed legislative language described in clause (i)(II) \n of section 401(b)(1)(B) and submitted pursuant to clause (iv) \n of such section''; and\n (B) by adding at the end the following:\n ``(2) Job creation legislative language.--\n ``(A) If approved.--If approved by the majority \n required by section 401(b)(3)(B)(ii), the proposed \n legislative language described in clause (i)(III) of \n section 401(b)(1)(B) submitted pursuant to clause (iv) \n of such section shall be introduced in the Senate (by \n request) on the next day on which the Senate is in \n session by the majority leader of the Senate or by a \n Member of the Senate designated by the majority leader \n of the Senate and shall be introduced in the House of \n Representatives (by request) on the next legislative \n day by the majority leader of the House or by a Member \n of the House designated by the majority leader of the \n House.\n ``(B) If not approved.--If no legislative language \n described in subclause (III) of section 401(b)(1)(B)(i) \n is approved by the vote required by such section, then \n any such legislative language that was brought to a \n vote under such section shall be introduced in the \n Senate (by request) on the next day on which the Senate \n is in session by the majority leader of the Senate or \n by a Member of the Senate designated by the majority \n leader of the Senate and shall be introduced in the \n House of Representatives (by request) on the next \n legislative day by the majority leader of the House or \n by a Member of the House designated by the majority \n leader of the House.'';\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) by striking ``the joint committee \n bill'' each place it appears and inserting ``a \n joint committee bill''; and\n (ii) in the last sentence, by striking \n ``the joint committee bill'' and inserting \n ``that joint committee bill'';\n (B) in paragraph (2), in the first sentence, by \n striking ``the joint committee bill'' and inserting \n ``that joint committee bill''; and\n (C) in paragraph (3), by striking ``The joint \n committee bill'' and inserting ``A joint committee \n bill'';\n (3) in subsection (c)--\n (A) in paragraphs (3) and (4), by striking ``the \n joint committee bill'' each place it appears and \n inserting ``a joint committee bill''; and\n (B) in paragraph (5), by striking ``the joint \n committee bill'' the first place it appears and \n inserting ``a joint committee bill'';\n (4) in subsection (d), by striking ``The joint committee \n bill'' and insert ``A joint committee bill'';\n (5) in subsection (e)(1) in the matter preceding \n subparagraph (A)--\n (A) by striking ``before passing the joint'' and \n inserting ``before passing a joint''; and\n (B) by striking ``a joint committee bill'' and \n inserting ``a related joint committee bill'';\n (6) in subsection (f)(2)--\n (A) by striking ``the joint committee bill'' the \n first place it appears and inserting ``a joint \n committee bill''; and\n (B) by striking ``receives the joint committee \n bill'' and inserting ``receives the related joint \n committee bill'';\n (7) in subsection (f)(3), by striking ``the joint committee \n bill'' and inserting ``a joint committee bill''; and\n (8) in subsection (g)--\n (A) in paragraph (1), by inserting ``, in the case \n of a joint committee bill that was introduced pursuant \n to subsection (a)(1)'' before the semicolon; and\n (B) in paragraph (2), by inserting ``, in the case \n of any joint committee bill that was introduced \n pursuant to subsection (a)'' before the period.\n (d) Table of Contents Amendment.--In the table of contents in \nsection 1(b) of the Budget Control Act of 2011, the item relating to \ntitle IV is amended to read as follows:\n\n``TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION, JOB CREATION, \n AND ECONOMIC GROWTH''.","summary":"Job Creation and Economic Growth Act - Amends the Budget Control Act of 2011 to redesignate the Joint Select Committee on Deficit Reduction as the Joint Select Committee on Deficit Reduction, Job Creation, and Economic Growth. Adds as a goal of the joint committee spurring economic growth and restoring the nation's workforce to full employment over the period of FY2012 and FY2013. Revises the duties of the joint committee to require it to make recommendations that will significantly improve US short-term and long-term employment levels and spur economic growth. Requires the joint committee, by November 23, 2011, to vote on proposed legislative language to carry out joint committee recommendations with respect to job creation measures, including a statement of job creation achieved by such legislation. Increases the number of members of the joint committee from 12 to 16. Directs the joint committee to appoint some of its members to a special subcommittee to make recommendations on measures to spur economic growth and restore the nation's workforce to full employment over the period of FY2012 and FY2013. Prescribes procedures for expedited congressional consideration of proposed joint committee job creation legislative language.","title":"To amend the Budget Control Act of 2011 to require the joint select committee of Congress to report findings and propose legislation to restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.","text_len":10324,"sum_len":1246} {"bill_id":"106_hr1176","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pension Right to Know Act''.\n\nSEC. 2. NOTICE REQUIREMENTS FOR LARGE PENSION PLANS SIGNIFICANTLY \n REDUCING FUTURE PENSION BENEFIT ACCRUALS.\n\n (a) Plan Requirement.--Section 401(a) of the Internal Revenue Code \nof 1986 (relating to qualified pension, profit-sharing, and stock bonus \nplans) is amended by inserting after paragraph (34) the following new \nparagraph:\n ``(35) Notice requirements for large defined benefit plans \n significantly reducing future benefit accruals.--\n ``(A) In general.--If a large defined benefit plan \n adopts an amendment which has the effect of \n significantly reducing the rate of future benefit \n accrual of 1 or more participants, a trust which is \n part of such plan shall not constitute a qualified \n trust under this section unless, after adoption of such \n amendment and not less than 15 days before its \n effective date, the plan administrator provides--\n ``(i) a written statement of benefit change \n described in subparagraph (B) to each \n applicable individual, and\n ``(ii) a written notice setting forth the \n plan amendment and its effective date to each \n employee organization representing participants \n in the plan.\n Any such notice may be provided to a person designated, \n in writing, by the person to which it would otherwise \n be provided. The plan administrator shall not be \n treated as failing to meet the requirements of this \n subparagraph merely because the statement or notice is \n provided before the adoption of the plan amendment if \n no material modification of the amendment occurs before \n the amendment is adopted.\n ``(B) Statement of benefit change.--A statement of \n benefit change described in this subparagraph shall--\n ``(i) be written in a manner calculated to \n be understood by the average plan participant, \n and\n ``(ii) include the information described in \n subparagraph (C).\n ``(C) Information contained in statement of benefit \n change.--The information described in this subparagraph \n includes the following:\n ``(i) Notice setting forth the plan \n amendment and its effective date.\n ``(ii) A comparison of the following \n amounts under the plan with respect to an \n applicable individual, determined both with and \n without regard to the plan amendment:\n ``(I) The accrued benefit and the \n present value of the accrued benefit as \n of the effective date.\n ``(II) The projected accrued \n benefit and the projected present value \n of the accrued benefit as of the date \n which is 3 years, 5 years, and 10 years \n from the effective date and as of the \n normal retirement age.\n ``(iii) A table of all annuity factors used \n to calculate benefits under the plan, presented \n in the form provided in section 72 and the \n regulations thereunder.\n Benefits described in clause (ii) shall be stated \n separately and shall be calculated by using the \n applicable mortality table and the applicable interest \n rate under section 417(e)(3)(A).\n ``(D) Large defined benefit plan; applicable \n individual.--For purposes of this paragraph--\n ``(i) Large defined benefit plan.--The term \n `large defined benefit plan' means any defined \n benefit plan which had 1,000 or more \n participants who had accrued a benefit under \n the plan (whether or not vested) as of the last \n day of the plan year preceding the plan year in \n which the plan amendment becomes effective.\n ``(ii) Applicable individual.--The term \n `applicable individual' means--\n ``(I) each participant in the plan, \n and\n ``(II) each beneficiary who is an \n alternate payee (within the meaning of \n section 414(p)(8)) under an applicable \n qualified domestic relations order \n (within the meaning of section \n 414(p)(1)(A)).\n ``(E) Accrued benefit; projected retirement \n benefit.--For purposes of this paragraph--\n ``(i) Present value of accrued benefit.--\n The present value of an accrued benefit of any \n applicable individual shall be calculated as if \n the accrued benefit were in the form of a \n single life annuity commencing at the \n participant's normal retirement age (and by \n taking into account any early retirement \n subsidy).\n ``(ii) Projected accrued benefit.--\n ``(I) In general.--The projected \n accrued benefit of any applicable \n individual shall be calculated as if \n the benefit were payable in the form of \n a single life annuity commencing at the \n participant's normal retirement age \n (and by taking into account any early \n retirement subsidy).\n ``(II) Compensation and other \n assumptions.--Such benefit shall be \n calculated by assuming that \n compensation and all other benefit \n factors would increase for each plan \n year beginning after the effective date \n of the plan amendment at a rate equal \n to the median average of the CPI \n increase percentage (as defined in \n section 215(i) of the Social Security \n Act) for the 5 calendar years \n immediately preceding the calendar year \n before the calendar year in which such \n effective date occurs.\n ``(III) Benefit factors.--For \n purposes of subclause (II), the term \n `benefit factors' means social security \n benefits and all other relevant factors \n under section 411(b)(1)(A) used to \n compute benefits under the plan which \n had increased from the 2d plan year \n preceding the plan year in which the \n effective date of the plan amendment \n occurs to the 1st such preceding plan \n year.\n ``(iii) Normal retirement age.--The term \n `normal retirement age' means the later of--\n ``(I) the date determined under \n section 411(a)(8), or\n ``(II) the date a plan participant \n attains age 62.''\n (b) Amendments to ERISA.--\n (1) Benefit statement requirement.--Section 204(h) of the \n Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1054(h)) is amended by adding at the end the following new \n paragraphs:\n ``(3)(A) If paragraph (1) applies to the adoption of a plan \n amendment by a large defined benefit plan, the plan \n administrator shall, after adoption of such amendment and not \n less than 15 days before its effective date, provide with the \n notice under paragraph (1) a written statement of benefit \n change described in subparagraph (B) to each applicable \n individual.\n ``(B) A statement of benefit change described in this \n subparagraph shall--\n ``(i) be written in a manner calculated to be \n understood by the average plan participant, and\n ``(ii) include the information described in \n subparagraph (C).\n ``(C) The information described in this subparagraph \n includes the following:\n ``(i) A comparison of the following amounts under \n the plan with respect to an applicable individual, \n determined both with and without regard to the plan \n amendment:\n ``(I) The accrued benefit and the present \n value of the accrued benefit as of the \n effective date.\n ``(II) The projected accrued benefit and \n the projected present value of the accrued \n benefit as of the date which is 3 years, 5 \n years, and 10 years from the effective date and \n as of the normal retirement age.\n ``(ii) A table of all annuity factors used to \n calculate benefits under the plan, presented in the \n form provided in section 72 of the Internal Revenue \n Code of 1986 and the regulations thereunder.\n Benefits described in clause (i) shall be stated separately and \n shall be calculated by using the applicable mortality table and \n the applicable interest rate under section 417(e)(3)(A) of such \n Code.\n ``(D) For purposes of this paragraph--\n ``(i) The term `large defined benefit plan' means \n any defined benefit plan which had 1,000 or more \n participants who had accrued a benefit under the plan \n (whether or not vested) as of the last day of the plan \n year preceding the plan year in which the plan \n amendment becomes effective.\n ``(ii) The term `applicable individual' means an \n individual described in subparagraph (A) or (B) of \n paragraph (1).\n ``(E) For purposes of this paragraph--\n ``(i) The present value of an accrued benefit of \n any applicable individual shall be calculated as if the \n accrued benefit were in the form of a single life \n annuity commencing at the participant's normal \n retirement age (and by taking into account any early \n retirement subsidy).\n ``(ii)(I) The projected accrued benefit of any \n applicable individual shall be calculated as if the \n benefit were payable in the form of a single life \n annuity commencing at the participant's normal \n retirement age (and by taking into account any early \n retirement subsidy).\n ``(II) Such benefit shall be calculated by assuming \n that compensation and all other benefit factors would \n increase for each plan year beginning after the \n effective date of the plan amendment at a rate equal to \n the median average of the CPI increase percentage (as \n defined in section 215(i) of the Social Security Act) \n for the 5 calendar years immediately preceding the \n calendar year before the calendar year in which such \n effective date occurs.\n ``(III) For purposes of subclause (II), the term \n `benefit factors' means social security benefits and \n all other relevant factors under section 204(b)(1)(A) \n used to compute benefits under the plan which had \n increased from the 2d plan year preceding the plan year \n in which the effective date of the plan amendment \n occurs to the 1st such preceding plan year.\n ``(iii) The term `normal retirement age' means the \n later of--\n ``(I) the date determined under section \n 3(24), or\n ``(II) the date a plan participant attains \n age 62.\n ``(4) A plan administrator shall not be treated as failing \n to meet the requirements of this subsection merely because the \n notice or statement is provided before the adoption of the plan \n amendment if no material modification of the amendment occurs \n before the amendment is adopted.''\n (2) Conforming amendment.--Section 204(h)(1) of such Act \n (29 U.S.C. 1054(h)(1)) is amended by inserting ``(including any \n written statement of benefit change if required by paragraph \n (3))'' after ``written notice''.\n (c) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply to plan amendments taking effect in plan years beginning \n on or after the earlier of--\n (A) the later of--\n (i) January 1, 1999, or\n (ii) the date on which the last of the \n collective bargaining agreements pursuant to \n which the plan is maintained terminates \n (determined without regard to any extension \n thereof after the date of the enactment of this \n Act), or\n (B) January 1, 2001.\n (2) Exception where notice given.--The amendments made by \n this section shall not apply to any plan amendment for which \n written notice was given to participants or their \n representatives before March 17, 1999, without regard to \n whether the amendment was adopted before such date.\n (3) Special rule.--The period for providing any notice \n required by, or any notice the contents of which are changed \n by, the amendments made by this Act shall not end before the \n date which is 6 months after the date of the enactment of this \n Act.","summary":"Pension Right to Know Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to set forth notice requirements for large pension plans which significantly reduce future benefit accruals.","title":"Pension Right to Know Act","text_len":15859,"sum_len":225} {"bill_id":"109_hr1398","text":"SECTION 1. FINDINGS.\n\n The Congress finds as follows:\n (1) The over reliance of the United States on imported \n petroleum creates a major strategic vulnerability for the \n Nation, with nearly half of the energy supply of the United \n States dependent on foreign sources.\n (2) From the economically damaging Arab oil embargoes of \n 1973-74 and 1979 to the recession precipitated by rising oil \n prices which began in 1999, to the stock market's instability \n in early 2005 due to the cost of imported oil at near record \n highs of $55 per barrel, the economic stability of the United \n States has too often been shaken by economic forces outside its \n borders.\n (3) Increasing fuel prices have been a particular hardship \n on small, independent businesses particularly truckers and \n farmers, who have no choice but to pay ever-increasing fuel \n bills while absorbing these higher costs in today's economic \n environment.\n (4) This Act would help shift America's dependence away \n from foreign petroleum as an energy source toward alternative, \n renewable, domestic agricultural sources. Its aim is to convert \n the current petroleum trade deficit to a trade balance by \n replacing foreign sources of supply with steady increases of \n biobased fuels through domestic production.\n (5) Today, there are nearly 140,000,000 cars and 85,000,000 \n trucks on our highways. Of this amount, approximately 3,300,000 \n cars and trucks already on our highways will run on 85 percent \n ethanol (E-85), and this number is increasing. For the 2005 \n model year, there are 20 different models of vehicles capable \n of running on E-85. Yet given this market, the alternative fuel \n is used less than 1 percent of the time given that of the more \n than 187,000 retail locations selling motor fuel in the United \n States, only 400 stations across 38 States sell E-85.\n (6) Biodiesel production is also dramatically increasing, \n going from 5,000,000 gallons in 2001 to nearly 25,000,000 \n gallons in 2003. Daimler-Chrysler has also announced its \n intentions to initially fuel the Diesel Jeep Liberty with a 5 \n percent biodiesel blend, the first time a vehicle has been \n explicitly fueled with an alternative fuel as it rolls off the \n production line.\n (7) Currently the United States annually consumes about \n 7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of \n vehicle fuels and 5,600,00,000 gallons of heating oil.) In \n 2002, 62 percent of these fuels were imported, part of a total \n $358,200,000,000 trade deficit with the rest of the world. \n Since 1983, the United States importation of petroleum and its \n derivatives has more than tripled, rising from 1,215,225,000 \n barrels in 1983 to 4,476,501,000 barrels in 2003.\n (8) Further Strategic Petroleum Reserve policy should \n encourage domestic production to the greatest extent possible. \n Currently, the Strategic Petroleum Reserve holds 670,700,000 \n barrels (out of a potential 727,000,000 barrels), sufficient to \n cushion the United States from wild price swings for a period \n of 53 days. None of the fuel in this Reserve is bio-based. In \n fact, 92.2 percent of the Strategic Petroleum Reserve has been \n purchased from foreign sources--41.9 percent from Mexico, 24 \n percent from the United Kingdom, and over 20 percent from OPEC \n nations.\n (9) Strategic Petroleum Reserve policy also should \n encourage the development of alternatives to the Nation's \n reliance on petroleum such as biomass fuels.\n (10) As a first step in diversification, the Strategic \n Petroleum Reserve should exchange 2,100,000 barrels from our \n current reserves for 32,000,000 gallons of ethanol and \n biodiesel, which could comprise less than 2 percent of the \n United States market, but yield a doubling of ethanol products.\n (11) The benefits of biofuels are as follows:\n (A) Energy security.--\n (i) Biofuels hold potential to address our \n dependence on foreign energy sources \n immediately. With agricultural surpluses, \n commodity prices have reached record lows; \n concurrently world petroleum prices have \n reached record highs and are expected to \n continue rising as global petroleum reserves \n are drawn down over the next 25 years. It also \n is clear that economic conditions are favorable \n to utilize domestic surpluses of biobased oils \n to enhance the Nation's energy security.\n (ii) In the short term, biofuels can supply \n at least one-fifth of current United States \n fuel demand using existing technologies and \n capabilities. Additional plant research, newer \n processing and distribution technologies, and \n placing additional acres under cultivation can \n yield even greater results.\n (iii) Biofuels can be used with existing \n petroleum infrastructure and conventional \n equipment.\n (B) Economic security.--\n (i) Continued dependence upon imported \n sources of oil means our Nation is \n strategically vulnerable to disruptions in our \n oil supply.\n (ii) Renewable biofuels domestically \n produced directly replace imported oil.\n (iii) Increased use of renewable biofuels \n would result in significant economic benefits \n to rural and urban areas and also reduce the \n trade deficit.\n (iv) According to the Department of \n Agriculture, a sustained annual market of \n 100,000,000 gallons of biodiesel alone would \n result in $170,000,000 in increased income to \n farmers.\n (v) Farmer-owned biofuels production has \n already resulted in improved income for \n farmers, as evidenced by the experience with \n State-supported rural development efforts in \n Minnesota where prices to corn producers have \n been increased by $1.00 per bushel. With the \n Department of Agriculture having forecast \n prices of $2.10 per bushel of corn for the \n 2004-2005 marketing year, the portion of the \n corn crop that goes for ethanol has a farm \n value of $2,100,000,000.\n (C) Environmental security.--\n (i) The use of grain-based ethanol reduces \n greenhouse gas emissions from 35 to 46 percent \n compared with conventional gasoline. Biomass \n ethanol provides an even greater reduction.\n (ii) The American Lung Association of \n Metropolitan Chicago credits ethanol-blended \n reformulated gasoline with reducing smog-\n forming emissions by 25 percent since 1990.\n (iii) Ethanol reduces tailpipe carbon \n monoxide emissions by as much as 30 percent.\n (iv) Ethanol reduces exhaust volatile \n organic compounds emissions by 12 percent.\n (v) Ethanol reduces toxic emissions by 30 \n percent.\n (vi) Ethanol reduces particulate emissions, \n especially fine-particulates that pose a health \n threat to children, senior citizens, and those \n with respiratory ailments.\n (vii) Biodiesel contains no sulfur or \n aromatics associated with air pollution.\n (viii) The use of biodiesel provides a 78.5 \n percent reduction in CO<INF>2<\/INF> emissions \n compared to petroleum diesel and when burned in \n a conventional engine provides a substantial \n reduction of unburned hydrocarbons, carbon \n monoxide, and particulate matter.\n\nSEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS.\n\n Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as \nfollows:\n (1) By redesignating subsection (o) as subsection (q).\n (2) By inserting after subsection (n) the following:\n ``(o) Renewable Fuel Program--\n ``(1) Definitions.--In this section:\n ``(A) Ethanol.--The term `ethanol' means ethanol \n derived from any lignocellulosic or hemicellulosic \n matter that is available on a renewable or recurring \n basis, including dedicated energy crops and trees, wood \n and wood residues, plants, grasses, agricultural \n residues, and fibers. The term includes ethanol derived \n from animal wastes, including poultry fats and poultry \n wastes, and other waste materials, or municipal solid \n waste.\n ``(B) Biodiesel.--The term `biodiesel'has the same \n meaning as when used in section 312(f) of the Energy \n Policy Act of 1992 (42 U.S.C. 13220(f)).\n ``(2) Renewable fuel program.--Not later than 1 year after \n the enactment of this subsection, the Administrator shall \n promulgate regulations ensuring that, after December 31, 2010, \n all gasoline or diesel motor vehicle fuel sold or dispensed to \n consumers in the contiguous United States, on an annual average \n basis, contains not less than 10 percent ethanol, in the case \n of gasoline, and not less than 5 percent biodiesel, in the case \n of diesel fuel.''.","summary":"Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol and not less than five percent biodiesel .","title":"To amend the Clean Air Act to require that, after the year 2010, all gasoline sold in the United States for motor vehicles contain not less than 10 percent ethanol and that all diesel fuel sold in the United States for motor vehicles contain not less than 5 percent biodiesel, and for other purposes.","text_len":10928,"sum_len":341} {"bill_id":"110_s2831","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Federal Trade \nCommission Reauthorization Act of 2008''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Authorization of appropriations.\nSec. 3. Independent litigation authority.\nSec. 4. Specialized administrative law judges.\nSec. 5. Civil penalties for violations of the Federal Trade Commission \n Act.\nSec. 6. Application of Federal Trade Commission Act to tax-exempt \n organizations.\nSec. 7. Aiding and abetting a violation.\nSec. 8. Permissive administrative procedure for consumer protection \n rules.\nSec. 9. Rulemaking procedure for subprime lending mortgages and \n nontraditional mortgage loans.\nSec. 10. Harmonizing FTC rules with banking agency rulemaking.\nSec. 11. Enforcement by State attorneys general.\nSec. 12. Harmonization of national do-not-call registry and effect on \n State laws.\nSec. 13. FTC study of alcoholic beverage marketing practices.\nSec. 14. Common carrier exception.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n The text of section 25 of the Federal Trade Commission Act (15 \nU.S.C. 57c) is amended to read as follows:\n ``(a) In General.--There are authorized to be appropriated to carry \nout the functions, powers, and duties of the Commission--\n ``(1) $264,000,000 for fiscal year 2009;\n ``(2) $290,400,000 for fiscal year 2010;\n ``(3) $319,400,000 for fiscal year 2011;\n ``(4) $351,400,000 for fiscal year 2012;\n ``(5) $386,500,000 for fiscal year 2013;\n ``(6) $425,200,000 for fiscal year 2014; and\n ``(7) $467,700,000 for fiscal year 2015.\n ``(b) Litigation and Internet Commerce Technology.--There are \nauthorized to be appropriated to the Commission $20,000,000 for each of \nfiscal years 2009 through 2015 to be used by the Commission to improve \ntechnology in support of the Commission's competition and consumer \nprotection missions.\n ``(c) International Technical Assistance.--From amounts \nappropriated pursuant to subsection (a), the Commission may spend up to \n$10,000,000 for each of fiscal years 2009 through 2015 to continue and \nenhance its provision of international technical assistance with \nrespect to foreign consumer protection and competition regimes.''.\n\nSEC. 3. INDEPENDENT LITIGATION AUTHORITY.\n\n Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) \nis amended--\n (1) by striking paragraph (1) and inserting ``(1) The \n Commission may commence, defend, or intervene in, and supervise \n the litigation of any civil action involving this Act \n (including an action to collect a civil penalty) and any appeal \n of such action in its own name by any of its attorneys \n designated by it for such purpose. The Commission shall notify \n the Attorney General of any such action and may consult with \n the Attorney General with respect to any such action or request \n the Attorney General on behalf of the Commission to commence, \n defend, or intervene in any such action.'';\n (2) by striking subparagraph (A) of paragraph (3) and \n inserting ``(A) The Commission may represent itself through any \n of its attorneys designated by it for such purpose before the \n Supreme Court in any civil action in which the Commission \n represented itself pursuant to paragraph (1) or (2) or may \n request the Attorney General to represent the Commission before \n the Supreme Court in any such action.''; and\n (3) by striking paragraph (4) and redesignating paragraph \n (5) as paragraph (4).\n\nSEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES.\n\n (a) In General.--In appointing administrative law judges under \nsection 3105 of title 5, United States Code, to conduct hearings and \nrender initial decisions in formal adjudicative matters before it, the \nFederal Trade Commission may give preference to administrative law \njudges who have experience with antitrust or trade regulation \nlitigation and who are familiar with the kinds of economic analysis \nassociated with such litigation.\n (b) Details.--If the Commission asks the Office of Personnel \nManagement to assign an administrative law judge under section 3344 of \ntitle 5, United States Code, to conduct a hearing or render an initial \ndecision in a formal adjudicative matter before it, the Commission may \nrequest the assignment of an administrative law judge who has \nexperience with antitrust or trade regulation litigation and is \nfamiliar with the kinds of economic analysis associated with such \nlitigation and the Office of Personnel Management shall comply with the \nrequest to the maximum extent feasible.\n\nSEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION \n ACT.\n\n Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. \n45(m)(1)(A)) is amended--\n (1) by inserting ``this Act, or'' after ``violates'' the \n first place it appears; and\n (2) by inserting ``a violation of this Act or such act is'' \n after ``such act is''.\n\nSEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT \n ORGANIZATIONS.\n\n Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is \namended by striking ``members.'' in the second full paragraph and \ninserting ``members, and includes an organization described in section \n501(c)(3) of the Internal Revenue Code of 1986 that is exempt from \ntaxation under section 501(a) of such Code.''.\n\nSEC. 7. AIDING AND ABETTING A VIOLATION.\n\n Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is \namended by adding at the end thereof the following:\n ``It is unlawful for any person to aid or abet another in violating \nany provision of this Act or any other Act enforceable by the \nCommission.''.\n\nSEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION \n RULES.\n\n (a) In General.--Section 18 of the Federal Trade Commission Act (15 \nU.S.C. 57a) is amended by adding at the end thereof the following:\n ``(k) Alternative Rulemaking Procedure.--The Commission may, by \nmajority vote of the full Commission, dispense with the requirements of \nother provisions of this section and of section 22 of this Act with \nrespect to rulemaking involving a consumer protection matter (as \ndetermined by the Commission). If the Commission dispenses with such \nrequirements with respect to such a rulemaking, it shall conduct such \nrulemaking in accordance with section 553 of title 5, United States \nCode, and in such case the provisions for judicial review of rules \npromulgated under section 553 of title 5 shall apply.''.\n\nSEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND \n NONTRADITIONAL MORTGAGE LOANS.\n\n Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as \namended by section 8, is further amended by adding at the end thereof \nthe following:\n ``(l) Special Rule for Certain Mortgage-Related Rulemakings.--\nNotwithstanding any other provision of this section, section 22 of this \nAct, or any other provision of law, the Commission shall conduct \nrulemaking proceedings with respect to subprime mortgage lending and \nnontraditional mortgage loans in accordance with section 553 of title \n5, United States Code, and the provisions for judicial review of rules \npromulgated under section 553 of title 5 shall apply.''.\n\nSEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING.\n\n (a) In General.--The second sentence of section 18(f)(1) of the \nFederal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended--\n (1) by striking ``The Board of Governors of the Federal \n Reserve System (with respect to banks) and the Federal Home \n Loan Bank Board (with respect to savings and loan institutions \n described in paragraph (3))'' and inserting ``Each Federal \n banking agency (with respect to the depository institutions \n each such agency supervises)''; and\n (2) by inserting ``in consultation with the Commission'' \n after ``shall prescribe regulations''.\n (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is \nfurther amended by inserting after the second sentence the following: \n``Such regulations shall be prescribed jointly by such agencies to the \nextent practicable. Notwithstanding any other provision of this \nsection, whenever such agencies commence such a rulemaking proceeding, \nthe Commission, with respect to the entities within its jurisdiction \nunder this Act, may commence a rulemaking proceeding and prescribe \nregulations in accordance with section 553 of title 5, United States \nCode. If the Commission commences such a rulemaking proceeding, the \nCommission, the Federal banking agencies, and the National Credit Union \nAdministration Board shall consult and coordinate with each other so \nthat the regulations prescribed by each such agency are consistent with \nand comparable to the regulations prescribed by each other such agency \nto the extent practicable.''.\n (c) GAO Study and Report.--Not later than 18 months after the date \nof enactment of this Act, the Comptroller General shall transmit to \nCongress a report on the status of regulations of the Federal banking \nagencies and the National Credit Union Administration regarding unfair \nand deceptive acts or practices by the depository institutions.\n (d) Technical and Conforming Amendments.--Section 18(f) of the \nFederal Trade Commission Act (15 U.S.C. 57a(f)) is amended--\n (1) in the first sentence of paragraph (1)--\n (A) by striking ``banks or savings and loan \n institutions described in paragraph (3), each agency \n specified in paragraph (2) or (3) of this subsection \n shall establish'' and inserting ``depository \n institutions and Federal credit unions, the Federal \n banking agencies and the National Credit Union \n Administration Board shall each establish''; and\n (B) by striking ``banks or savings and loan \n institutions described in paragraph (3), subject to its \n jurisdiction'' before the period and inserting \n ``depository institutions or Federal credit unions \n subject to the jurisdiction of such agency or Board'';\n (2) in the sixth sentence of paragraph (1) (as amended by \n subsection (b))--\n (A) by striking ``each such Board'' and inserting \n ``each such banking agency and the National Credit \n Union Administration Board'';\n (B) by striking ``banks or savings and loan \n institutions described in paragraph (3)'' each place \n such term appears and inserting ``depository \n institutions subject to the jurisdiction of such \n agency'';\n (C) by striking ``(A) any such Board'' and \n inserting ``(A) any such Federal banking agency or the \n National Credit Union Administration Board''; and\n (D) by striking ``with respect to banks, savings \n and loan institutions'' and inserting ``with respect to \n depository institutions'';\n (3) by adding at the end of paragraph (1) the following new \n sentence: ``For purposes of this subsection, the terms `Federal \n banking agency' and `depository institution' have the same \n meaning as in section 3 of the Federal Deposit Insurance \n Act.'';\n (4) in paragraph (2)(C), by inserting ``than'' after \n ``(other'';\n (5) in paragraph (3), by inserting ``by the Director of the \n Office of Thrift Supervision'' before the period at the end;\n (6) in paragraph (4), by inserting ``by the National Credit \n Union Administration'' before the period at the end; and\n (7) in paragraph (6), by striking ``the Board of Governors \n of the Federal Reserve System'' and inserting ``any Federal \n banking agency or the National Credit Union Administration \n Board''.\n\nSEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL\n\n (a) In General.--Except as provided in subsection (f), a State, as \nparens patriae, may bring a civil action on behalf of its residents in \nan appropriate State or district court of the United States to enforce \nthe provisions of the Federal Trade Commission Act or any other Act \nenforced by the Federal Trade Commission to obtain penalties and relief \nprovided under such Acts whenever the attorney general of the State has \nreason to believe that the interests of the residents of the State have \nbeen or are being threatened or adversely affected by a violation of a \nsubprime mortgage lending rule or a nontraditional mortgage loan rule \npromulgated by the Federal Trade Commission.\n (b) Notice.--The State shall serve written notice to the Commission \nof any civil action under subsection (a) at least 60 days prior to \ninitiating such civil action. The notice shall include a copy of the \ncomplaint to be filed to initiate such civil action, except that if it \nis not feasible for the State to provide such prior notice, the State \nshall provide notice immediately upon instituting such civil action.\n (c) Intervention by FTC.--Upon receiving the notice required by \nsubsection (b), the Commission may intervene in such civil action and \nupon intervening--\n (1) be heard on all matters arising in such civil action;\n (2) remove the action to the appropriate United States \n district court; and\n (3) file petitions for appeal of a decision in such civil \n action.\n (d) Savings Clause.--Nothing in this section shall prevent the \nattorney general of a State from exercising the powers conferred on the \nattorney general by the laws of such State to conduct investigations or \nto administer oaths or affirmations or to compel the attendance of \nwitnesses or the production of documentary and other evidence. Nothing \nin this section shall prohibit the attorney general of a State, or \nother authorized State officer, from proceeding in State or Federal \ncourt on the basis of an alleged violation of any civil or criminal \nstatute of that State.\n (e) Venue; Service of Process; Joinder.--In a civil action brought \nunder subsection (a)--\n (1) the venue shall be a judicial district in which the \n lender or a related party operates or is authorized to do \n business;\n (2) process may be served without regard to the territorial \n limits of the district or of the State in which the civil \n action is instituted; and\n (3) a person who participated with a lender or related \n party to an alleged violation that is being litigated in the \n civil action may be joined in the civil action without regard \n to the residence of the person.\n (f) Preemptive Action by FTC.--Whenever a civil action or an \nadministrative action has been instituted by or on behalf of the \nCommission for violation of any rule described under (a), no State may, \nduring the pendency of such action instituted by or on behalf of the \nCommission, institute a civil action under subsection (a) against any \ndefendant named in the complaint in such action for violation of any \nrule as alleged in such complaint.\n (g) Award of Costs and Fees.--If the attorney general of a State \nprevails in any civil action under subsection (a), the State can \nrecover reasonable costs and attorney fees from the lender or related \nparty.\n\nSEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON \n STATE LAWS.\n\n (a) Amendment of the Telemarketing and Consumer Fraud and Abuse \nPrevention Act.--Section 5 of the Telemarketing and Consumer Fraud and \nAbuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end \nthereof the following:\n ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not-\nCall Implementation Act (15 U.S.C. 6101 note) preempts any State law \nthat imposes more restrictive requirements on intrastate or interstate \ntelemarketing to telephone numbers on a do-not-call registry maintained \nby that State.''.\n (b) Conforming Amendment.--Section 227(e)(1) of the Communications \nAct of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate \nor'' after ``restrictive''.\n\nSEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES.\n\n Within 2 years after the Federal Trade Commission completes its \nstudy entitled Self-Regulation in the Alcohol Industry and every 2 \nyears thereafter, the Commission shall transmit a report to the \nCongress on advertising and marketing practices for alcoholic \nbeverages, together with such recommendations, including legislative \nrecommendations, as the Commission deems appropriate. In preparing the \nreport, the Commission shall consider information contained in reports \nby the Secretary of Health and Human services under section 519B of the \nPublic Health Service Act (42 U.S.C. 290bb-25b), and shall include, to \nthe extent feasible, data on measured and unmeasured media by brand and \ntype of beverage, and data on expenditures for slotting and \ndiscounting.\n\nSEC. 14. COMMON CARRIER EXCEPTION.\n\n Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is \namended by striking the paragraph containing the definition of the term \n``Acts to regulate commerce'' and inserting the following:\n ```Acts to regulate commerce' means subtitle IV of title 49, United \nStates Code, and all Acts amendatory thereof and supplementary \nthereto.''.","summary":"Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System and the Federal Home Loan Bank Board . Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of Acts to regulate commerce.","title":"A bill to reauthorize the Federal Trade Commission, and for other purposes.","text_len":18064,"sum_len":1999} {"bill_id":"103_s124","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Compassionate Pain Relief Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) cancer is a progressive, degenerative, and often \n painful disease that afflicts one out of every four persons in \n the United States and is the second leading cause of death;\n (2) in the progression of terminal cancer, a significant \n number of patients experience levels of intense and intractable \n pain that cannot be effectively treated by presently available \n medication;\n (3) the effect of such pain often leads to a severe \n deterioration in the quality of life of the patient and \n heartbreak for the family of the patient;\n (4) the therapeutic use of parenteral diacetylmorphine is \n not permitted in the United States but extensive clinical \n research has demonstrated that the drug is a potent, highly \n soluble painkilling drug when properly formulated and \n administered under the supervision of a physician;\n (5) it is in the public interest to make parenteral \n diacetylmorphine available to patients through controlled \n channels as a drug for the relief of intractable pain due to \n terminal cancer;\n (6) diacetylmorphine is successfully used in Great Britain \n and other countries for relief of pain due to cancer;\n (7) the availability of parenteral diacetylmorphine for the \n limited purposes of controlling intractable pain due to \n terminal cancer will not adversely affect the abuse of illicit \n drugs or increase the incidence of pharmacy thefts;\n (8) the availability of parenteral diacetylmorphine will \n enhance the ability of physicians to effectively treat and \n control intractable pain due to terminal cancer; and\n (9) it is appropriate for the Federal Government to \n establish a temporary program to permit the use of \n pharmaceutical dosage forms of parenteral diacetylmorphine for \n the control of intractable pain due to terminal cancer.\n\nSEC. 3. PARENTERAL DIACETYLMORPHINE PROGRAM.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by adding at the end the following new part:\n\n ``Part N--Compassionate Pain Relief\n\n``SEC. 399G. PARENTERAL DIACETYLMORPHINE.\n\n ``(a) Regulations.--\n ``(1) In general.--Not later than three months after the \n date of the enactment of this part, the Secretary shall issue \n regulations establishing a program (referred to in this section \n as the `program') under which parenteral diacetylmorphine may \n be dispensed from pharmacies for the relief of intractable pain \n due to terminal cancer.\n ``(2) Terminal cancer.--For purposes of this section, an \n individual shall be considered to have terminal cancer if there \n is histologic evidence of a malignancy in the individual and \n the cancer of the individual is generally recognized as a \n cancer with a high and predictable mortality.\n ``(b) Manufacturing.--Regulations established under this section \nshall provide that manufacturers of parenteral diacetylmorphine for \ndispensing under the program shall use adequate methods of, and \nadequate facilities and controls for, the manufacturing, processing, \nand packing of such drug to preserve the identity, strength, quality, \nand purity of the drug.\n ``(c) Availability to Pharmacies.--\n ``(1) Requirements.--Regulations established under this \n section shall require that parenteral diacetylmorphine be made \n available only to pharmacies that--\n ``(A) are hospital pharmacies or such other \n pharmacies as the regulations specify;\n ``(B) are registered under section 302 of the \n Controlled Substances Act (21 U.S.C. 822);\n ``(C) meet such qualifications as the regulations \n specify; and\n ``(D) submit an application in accordance with \n paragraph (2).\n ``(2) Application.--An application for parenteral \n diacetylmorphine shall--\n ``(A) be in such form and submitted in such manner \n as the Secretary may prescribe; and\n ``(B) contain assurances satisfactory to the \n Secretary that--\n ``(i) the applicant will comply with such \n special requirements as the Secretary may \n prescribe respecting the storage and dispensing \n of parenteral diacetylmorphine; and\n ``(ii) parenteral diacetylmorphine provided \n under the application will be dispensed through \n the applicant upon the written prescription of \n a physician registered under section 302 of the \n Controlled Substances Act (21 U.S.C. 822) to \n dispense controlled substances in schedule II \n of such Act (21 U.S.C. 812(2)).\n ``(3) Intent of congress.--It is the intent of Congress \n that--\n ``(A) the Secretary shall primarily utilize \n hospital pharmacies for the dispensing of parenteral \n diacetylmorphine under the program; and\n ``(B) the Secretary may distribute parenteral \n diacetylmorphine through pharmacies other than hospital \n pharmacies in cases in which humanitarian concerns \n necessitate the provision of parenteral \n diacetylmorphine, a significant need is shown for such \n provision, and adequate protection is available against \n the diversion of parenteral diacetylmorphine.\n ``(d) Illicit Diversion.--Regulations established by the Secretary \nunder this section shall be designed to protect against the diversion \ninto illicit channels of parenteral diacetylmorphine distributed under \nthe program.\n ``(e) Prescription by Physicians.--Regulations established under \nthis section shall--\n ``(1) require that parenteral diacetylmorphine be dispensed \n only to an individual in accordance with the written \n prescription of a physician;\n ``(2) provide that a physician registered under section 302 \n of the Controlled Substances Act (21 U.S.C. 822) may prescribe \n parenteral diacetylmorphine for individuals for the relief of \n intractable pain due to terminal cancer;\n ``(3) provide that any such prescription shall be in \n writing; and\n ``(4) specify such other criteria for the prescription as \n the Secretary may determine to be appropriate.\n ``(f) Federal Food, Drug, and Cosmetic Act.--The Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 301 et seq.) and titles II and III of \nthe Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 \nU.S.C. 801 et seq. and 951 et seq.) shall not apply with respect to--\n ``(1) the importing of opium;\n ``(2) the manufacture of parenteral diacetylmorphine; and\n ``(3) the distribution and dispensing of parenteral \n diacetylmorphine,\nin accordance with the program.\n ``(g) Reports.--\n ``(1) By the secretary.--\n ``(A) Implementation and activities.--\n ``(i) Implementation.--Not later than 2 \n months after the date of the enactment of this \n part and every third month thereafter until the \n program is established under subsection (a), \n the Secretary shall prepare and submit to the \n Committee on Energy and Commerce of the House \n of Representatives and the Committee on Labor \n and Human Resources of the Senate a report \n containing information on the activities \n undertaken to implement the program.\n ``(ii) Activities.--Not later than 1 year \n after the date the program is established under \n subsection (a) and annually thereafter until \n the program is terminated under subsection (h), \n the Secretary shall prepare and submit to the \n committees described in clause (i) a report \n containing information on the activities under \n the program during the period for which the \n report is submitted.\n ``(B) Pain management.--Not later than 6 months \n after the date of the enactment of this part, the \n Secretary shall prepare and submit to the Committee on \n Energy and Commerce of the House of Representatives and \n the Committee on Labor and Human Resources of the \n Senate a report that--\n ``(i) describes the extent of research \n activities on the management of pain that have \n received funds through the National Institutes \n of Health;\n ``(ii) describes the ways in which the \n Federal Government supports the training of \n health personnel in pain management; and\n ``(iii) contains recommendations for \n expanding and improving the training of health \n personnel in pain management.\n ``(2) By the comptroller general.--Not later than 56 months \n after the date on which the program is established under \n subsection (a), the Comptroller General of the United States \n shall prepare and submit to the committees referred to in \n paragraph (1)(A)(i) a report containing information on the \n activities conducted under the program during such 56-month \n period.\n ``(h) Termination and Modification.--\n ``(1) In general.--The Secretary may at any time later than \n 6 months after the date on which the program is established \n under subsection (a), modify the regulations required by \n subsection (a) or terminate the program if in the judgment of \n the Secretary the program is no longer needed or if \n modifications or termination are needed to prevent substantial \n diversion of the diacetylmorphine.\n ``(2) Final termination.--The program shall terminate 60 \n months after the date the program is established under \n subsection (a).''.","summary":"Compassionate Pain Relief Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of pain from terminal cancer . States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium. And (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires the Secretary to report to specified congressional committees concerning: (1) program-related activities. And (2) activities related to the management of pain. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program if: (1) the program is no longer needed. Or (2) modifications or termination are needed to prevent substantial diversion of the diacetylmorphine.","title":"Compassionate Pain Relief Act","text_len":11088,"sum_len":1021} {"bill_id":"112_s342","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Republic of the Marshall Islands \nSupplemental Nuclear Compensation Act of 2011''.\n\nSEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.\n\n Section 103(f)(1) of the Compact of Free Association Amendments Act \nof 2003 (48 U.S.C. 1921b(f)(1)) is amended--\n (1) by striking ``Notwithstanding'' and inserting the \n following:\n ``(A) In general.--Notwithstanding''; and\n (2) by adding at the end the following:\n ``(B) Continued monitoring on runit island.--\n ``(i) Cactus crater containment and \n groundwater monitoring.--Effective beginning \n January 1, 2008, the Secretary of Energy shall, \n as a part of the Marshall Islands program \n conducted under subparagraph (A), periodically \n (but not less frequently than every 4 years) \n conduct--\n ``(I) a visual study of the \n concrete exterior of the Cactus Crater \n containment structure on Runit Island; \n and\n ``(II) a radiochemical analysis of \n the groundwater surrounding and in the \n Cactus Crater containment structure on \n Runit Island.\n ``(ii) Report.--The Secretary shall submit \n to the Committee on Energy and Natural \n Resources of the Senate, and the Committee on \n Natural Resources of the House of \n Representatives, a report that contains--\n ``(I) a description of--\n ``(aa) the results of each \n visual survey conducted under \n clause (i)(I); and\n ``(bb) the results of the \n radiochemical analysis \n conducted under clause (i)(II); \n and\n ``(II) a determination on whether \n the surveys and analyses indicate any \n significant change in the health risks \n to the people of Enewetak from the \n contaminants within the Cactus Crater \n containment structure.\n ``(iii) Funding for groundwater \n monitoring.--The Secretary of the Interior \n shall make available to the Department of \n Energy, Marshall Islands Program, from funds \n available for the Technical Assistance Program \n of the Office of Insular Affairs, the amounts \n necessary to conduct the radiochemical analysis \n of groundwater under clause(i)(II).''.\n\nSEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES \n OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000.\n\n (a) Definitions for Program Administration.--Section 3621 of the \nEnergy Employees Occupational Illness Compensation Program Act of 2000 \n(42 U.S.C. 7384l) is amended by adding at the end the following:\n ``(18) The terms `covered employee', `atomic weapons \n employee', and `Department of Energy contractor employee' (as \n defined in paragraphs (1), (3), and (11), respectively) include \n a citizen or national of the Republic of the Marshall Islands \n or the Federated States of Micronesia who is otherwise covered \n by that paragraph.''.\n (b) Definition of Covered DOE Contractor Employee.--Section 3671(1) \nof the Energy Employees Occupational Illness Compensation Program Act \nof 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period \nat the end the following: ``, including a citizen or national of the \nRepublic of the Marshall Islands or the Federated States of Micronesia \nwho is otherwise covered by this paragraph''.\n (c) Offset of Benefits With Respect to the Compact of Free \nAssociation.--Subtitle C of the Energy Employees Occupational Illness \nCompensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by \ninserting after section 3653 (42 U.S.C. 7385j-2) the following:\n\n``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE \n ASSOCIATION.\n\n ``An individual who has been awarded compensation under this title, \nand who has also received compensation benefits under the Compact of \nFree Association between the United States and the Republic of the \nMarshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section \nas the `Compact of Free Association'), by reason of the same illness, \nshall receive the compensation awarded under this title reduced by the \namount of any compensation benefits received under the Compact of Free \nAssociation, other than medical benefits and benefits for vocational \nrehabilitation that the individual received by reason of the illness, \nafter deducting the reasonable costs (as determined by the Secretary) \nof obtaining those benefits under the Compact of Free Association.''.\n\nSEC. 4. SUPPLEMENTAL HEALTH CARE GRANT.\n\n Section 103(h) of the Compact of Free Association Amendments Act of \n2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the \nfollowing:\n ``(4) Supplemental health care grant.--\n ``(A) In general.--In addition to amounts provided \n under section 211 of the U.S.-RMI Compact (48 U.S.C. \n 1921 note), the Secretary of the Interior shall provide \n to the Republic of the Marshall Islands an annual \n supplemental health care grant in the amount made \n available under subparagraph (D)--\n ``(i)(I) to provide enhanced primary health \n care, with an emphasis on providing regular \n screenings for radiogenic illnesses by \n upgrading existing services or by providing \n quarterly medical field team visits, as \n appropriate, in each of Enewetak, Bikini, \n Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, \n Wotje, and Ujelang Atolls, which were affected \n by the nuclear testing program of the United \n States; and\n ``(II) to enhance the capabilities of the \n Marshall Islands to provide secondary treatment \n for radiogenic illness; and\n ``(ii) to construct and operate a whole-\n body counting facility on Utrik Atoll.\n ``(B) Conditions on health care grants.--To ensure \n the effective use of grants funds under clause (i) of \n subparagraph (A), the Secretary of the Interior, after \n consultation with the Republic of the Marshall Islands, \n may establish additional conditions on the provision of \n grants under that clause.\n ``(C) Memorandum of agreement.--To meet the \n objectives of clause (ii) of subparagraph (A), the \n Secretary of the Interior, the Secretary of Energy, and \n the Government of the Republic of the Marshall Islands \n shall enter into a memorandum of agreement setting \n forth the terms, conditions, and respective \n responsibilities of the parties to the memorandum of \n agreement in carrying out that clause.\n ``(D) Funding.--As authorized by section 105(c), \n there is appropriated to the Secretary of the Interior, \n out of funds in the Treasury not otherwise \n appropriated, to carry out this paragraph $4,500,000 \n for each of fiscal years 2009 through 2023, as adjusted \n for inflation in accordance with section 218 of the \n U.S.-RMI Compact, to remain available until \n expended.''.\n\nSEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS.\n\n (a) In General.--The Secretary of the Interior shall enter into an \nagreement with the National Academy of Sciences under which the \nNational Academy of Sciences shall conduct an assessment of the health \nimpacts of the United States nuclear testing program conducted in the \nRepublic of the Marshall Islands on the residents of the Republic of \nthe Marshall Islands.\n (b) Report.--On completion of the assessment under subsection (a), \nthe National Academy of Sciences shall submit to Congress, the \nSecretary, the Committee on Energy and Natural Resources of the Senate, \nand the Committee on Natural Resources of the House of Representatives, \na report on the results of the assessment.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.","summary":"Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011 - Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of Energy (DOE) to periodically conduct: (1) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island, and (2) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. Makes specified funds available to conduct such radiochemical groundwater analysis. Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia within the definitions of covered employee, atomic weapons employee, and Department of Energy contractor employee. Reduces compensation awarded to an individual under such Act who also received compensation under the Compact of Free Association between the United States and the Republic of the Marshall Islands for the same illness by any compensation received under such Compact, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs of obtaining those benefits. Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of the Interior to provide to the Republic of the Marshall Islands an annual supplemental health care grant to: (1) provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits in Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the US nuclear testing program. (2) enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness. And (3) operate a whole-body counting facility on Utrik Atoll. Provides for a National Academy of Sciences assessment of the US nuclear testing program's health impacts on the residents of the Republic of the Marshall Islands.","title":"A bill to provide supplemental ex gratia compensation to the Republic of the Marshall Islands for impacts of the nuclear testing programs of the United States, and for other purposes.","text_len":9574,"sum_len":2171} {"bill_id":"109_hr1144","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Dual Eligible Prescription \nDrug Coverage Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n The Senate finds the following:\n (1) Individuals who are dually eligible for benefits under \n the medicare program and full benefits under the medicaid \n program--\n (A) are among the most vulnerable populations in \n our society; and\n (B) require adequate outreach, education, and \n timing in order to adjust to changes in our health care \n delivery system.\n (2) The transition of 6,400,000 dual eligibles from \n prescription drug coverage under the medicaid program to \n prescription drug coverage under part D of the medicare program \n is the largest transition ever of individuals from one \n insurance program to another.\n (3) In its June 2004 report to Congress, the Medicare \n Payment Advisory Commission (MedPAC) suggested that large, \n private employers with 75,000 employees or less need at least 6 \n months to transition their employees' drug coverage from one \n pharmacy benefit management company to another such company. \n The States and the Federal Government are taking on a far more \n complex task with 6,400,000 dual eligibles having to make the \n transition described in paragraph (2).\n (4) Timely access to prescription drugs leads to higher \n quality of life and prevents avoidable emergency room visits, \n hospitalizations, and premature nursing home placements.\n (5) Since even a short-term gap in prescription drug \n coverage could have serious health consequences for dual \n eligibles, Congress must work to guarantee as smooth a \n transition as possible for dual eligibles so that no dual \n eligible is without prescription drug coverage even for one \n day.\n\nSEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG \n COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6 \n MONTHS.\n\n (a) Six-Month Transition.--For prescriptions filled during the \nperiod beginning on January 1, 2006, and ending on June 30, 2006, \nsection 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall \nnot apply and, notwithstanding any other provision of law, a State (as \ndefined for purposes of title XIX of such Act) shall continue to \nprovide (and receive Federal financial participation for) medical \nassistance under such title with respect to prescription drugs as if \nsuch section 1935(d) had not been enacted.\n (b) Application.--\n (1) Medicare as primary payer.--Nothing in subsection (a) \n shall be construed as changing or affecting the primary payer \n status of a prescription drug plan or an MA-PD plan under part \n D of title XVIII of the Social Security Act with respect to \n prescription drugs furnished to any full-benefit dual eligible \n individual (as defined in section 1935(c)(6) of such Act (42 \n U.S.C. 1396u-5(c)(6)) during the 6-month period described in \n such subsection.\n (2) Third party liability.--Nothing in subsection (a) shall \n be construed as limiting the authority or responsibility of a \n State under section 1902(a)(25) of the Social Security Act (42 \n U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription \n drug plan, an MA-PD plan, or any other third party, of the \n costs incurred by the State in providing prescription drug \n coverage described in such subsection.\n\nSEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS.\n\n Notwithstanding section 1935(c) of the Social Security Act (42 \nU.S.C. 1396u-5(c)), a State or the District of Columbia shall not be \nrequired to provide for a payment under such section to the Secretary \nof Health and Human Services for any month prior to July 1, 2006.\n\nSEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION \n DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL \n ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE.\n\n (a) MMA Amounts.--Notwithstanding any other provision of law, of \nthe amounts appropriated for the Centers for Medicare & Medicaid \nServices under section 1015(a)(1) of the Medicare Prescription Drug, \nImprovement, and Modernization Act of 2003 (Public Law 108-173; 117 \nStat. 2446), the following rules shall apply:\n (1) Education and outreach to duals.--$100,000,000 shall be \n used to provide education and outreach, including through one-\n on-one counseling and application assistance, to full-benefit \n dual eligible individuals (as defined in section 1935(c)(6) of \n the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding \n prescription drug coverage under part D of title XVIII of such \n Act. Of such amount--\n (A) at least $20,000,000 (but in no case more than \n $50,000,000) shall be used to award grants to States \n under section 4360 of the Omnibus Budget Reconciliation \n Act of 1990 (42 U.S.C. 1395b-4) to provide such \n education and outreach; and\n (B) the remaining amount shall be used to provide \n funding to community-based organizations that work with \n full-benefit dual eligible individuals (as so defined) \n in order to provide such education and outreach.\n (2) Monitoring impact on duals.--\n (A) In general.--$50,000,000 shall be used by the \n Centers for Medicare & Medicaid Services, in \n consultation with the Centers for Disease Control and \n Prevention, the Administration on Aging, and the Social \n Security Administration, to develop and implement a \n standardized protocol to collect data from health \n departments and other sources in 10 representative \n urban and rural communities on the impact of the \n transition of full benefit dual eligible individuals \n (as so defined) from prescription drug coverage under \n the medicaid program to prescription drug coverage \n under part D of the medicare program. Such protocol \n shall be implemented by not later than July 1, 2005.\n (B) Monitoring.--The protocol developed under \n subparagraph (A) shall include for the monitoring of \n the following information with respect to such full \n benefit dual eligible individuals:\n (i) Emergency room visit rates.\n (ii) Hospitalization rates.\n (iii) Nursing home placement rates.\n (iv) Deaths.\n (C) Collection by pdps and ma-pds.--The protocol \n developed under subparagraph (A) shall require that \n such data be collected by the prescription drug plans \n and the MA-PDs in which the individuals are enrolled \n and include information on race and ethnicity.\n (D) Reports.--Not later than January 1, 2006, and \n July 1, 2006, the Administrator of the Centers for \n Medicare & Medicaid Services, in consultation with the \n Centers for Disease Control and Prevention, the \n Administration on Aging, and the Social Security \n Administration, shall submit a report to Congress on \n the implementation of the protocol under subparagraph \n (A).\n (b) New Amounts.--There are appropriated to the Secretary of Health \nand Human Services, to be transferred from the Federal Hospital \nInsurance Trust Fund and the Federal Supplementary Medical Insurance \nTrust Fund, for fiscal year 2005 and each subsequent fiscal year, an \namount not to exceed $50,000,000 (or if greater, an amount equal to $1 \nmultiplied by the number of individuals entitled to benefits under part \nA of title XVIII of the Social Security Act or enrolled under part B of \nsuch title for the year) in order to award grants to States under \nsection 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 \nU.S.C. 1395b-4).\n (c) Extension of Availability of Amounts Appropriated Under MMA.--\nSection 1015(b) of the Medicare Prescription Drug, Improvement, and \nModernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is \namended by striking ``September 30, 2005'' and inserting ``September \n30, 2006''.\n\nSEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA.\n\n (a) In General.--Section 1860D-42 of the Social Security Act (42 \nU.S.C. 1395w-152) is amended by adding at the end the following new \nsubsection:\n ``(c) Collection and Sharing of Dual Eligible Drug Utilization \nData.--\n ``(1) Plan requirement.--A PDP sponsor of a prescription \n drug plan and an MA organization offering an MA-PD plan shall \n submit to the Secretary such information regarding the drug \n utilization of enrollees in such plans who are full-benefit \n dual eligible individuals (as defined in section 1935(c)(6)) as \n the Secretary determines appropriate to carry out paragraph \n (2).\n ``(2) Collection and sharing of data.--The Secretary shall \n collect data on the drug utilization of full-benefit dual \n eligible individuals (as so defined). The Secretary shall share \n such data with the States and the District of Columbia in as \n close to a real-time basis as possible.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).\n\nSEC. 7. GAO STUDY ON THE CLAWBACK FORMULA.\n\n (a) Study.--\n (1) In general.--The Comptroller General of the United \n States shall conduct a study on the clawback formula contained \n in section 1935(c) of the Social Security Act (42 U.S.C. 1396u-\n 5(c)), as added by section 103(b) of the Medicare Prescription \n Drug, Improvement, and Modernization Act of 2003 (Public Law \n 108-173; 117 Stat. 2155).\n (2) Requirements.--The study conducted under paragraph (1) \n shall include a full examination of--\n (A) disincentives for States to enroll full-benefit \n dual eligible individuals (as defined in section \n 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-\n 5(c)(6))) in the medicaid program or part D of title \n XVIII of the Social Security Act;\n (B) the 6-month delay in States receiving rebate \n data;\n (C) the prescription drug cost containment measures \n implemented by States after 2003; and\n (D) issues relating to States having to pay more \n for prescription drug coverage for full benefit dual \n eligible individuals (as so defined) than they \n otherwise would have if the Medicare Prescription Drug, \n Improvement, and Modernization Act of 2003 (Public Law \n 108-173; 117 Stat. 2066 et seq.) had not been enacted.\n (b) Report.--Not later than April 1, 2006, the Comptroller General \nof the United States shall submit to Congress a report on the study \nconducted under subsection (a) together with such recommendations as \nthe Comptroller General determines appropriate.","summary":"Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted. Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals for any month before July 1, 2006. Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare. Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible. Directs the Comptroller General of the United States to study and report to Congress on the clawback formula.","title":"To continue State coverage of Medicaid prescription drug coverage to Medicare dual eligible beneficiaries for 6 months while still allowing the Medicare part D benefit to be implemented as scheduled.","text_len":11961,"sum_len":1483} {"bill_id":"113_hr5747","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) Since 2011, the terrorist group now known as the \n Islamic State in Iraq and the Levant (ISIL), has rapidly \n expanded, now possessing greater funding, more personnel, and \n heavier weapons than any other terrorist force.\n (2) ISIL has threatened to continue attacking United States \n persons and interests and has an apocalyptic vision for a \n larger confrontation with the United States and its allies in \n the Middle East.\n (3) According to the United States intelligence community, \n approximately 20,000 to 30,000 ISIL fighters operate in Iraq \n and Syria, an estimated 3,000 of which are believed to have \n western passports.\n (4) ISIL finances itself through looting, smuggling, taxes, \n oil sales, kidnapping, and human trafficking.\n (5) According to United States officials, ISIL captured \n approximately 1,500 Humvees, a number of other modern armored \n vehicles and transport trucks, over 50 long-range Global \n Positioning System (GPS)-guided artillery pieces, a substantial \n number of artillery shells, a large quantity of small arms, \n approximately 4,000 heavy machine guns, and other weapons from \n the Iraqi Security Forces in June 2014, and has also reportedly \n captured a number of other weapons and vehicles from Bashar al-\n Assad's forces in Syria.\n (6) The rapidly deteriorating humanitarian situation in \n Iraq caused by ISIL advances in Iraq and Syria has resulted in \n approximately 1,500,000 refugees and internally displaced \n people from Syria and Iraq taking refuge in the Iraqi Kurdistan \n region. The Kurdistan Regional Government is facing a \n humanitarian and budget crisis while defending itself from \n ISIL.\n (7) The Kurdistan Regional Government (KRG) is the \n democratically elected government of the Kurdistan Region in \n Iraq, and Iraqi Kurds have been a reliable and stable partner \n of the United States.\n (8) The Iraqi constitution guarantees the right of Iraqi \n regions, such as Iraqi Kurdistan, to maintain ``internal \n security forces for the region such as police, security forces, \n and guards of the region''.\n (9) The Kurdish Peshmerga forces are officially organized \n under the Ministry of Peshmerga Affairs and commanded by the \n Minister of Peshmerga, who reports to the President of the \n Kurdistan Regional Government.\n (10) ISIL has positioned its forces along a 650-mile border \n with the Kurdistan Regional Government's Peshmerga forces.\n (11) ISIL has employed captured armored vehicles, long-\n range artillery, and heavy weapons in attacking thinly \n stretched Kurdish forces along the border.\n (12) United States airstrikes against ISIL targets have \n helped stall the terrorist organization's advance on territory \n held by Kurdish forces, but have not proven to be militarily \n decisive against ISIL.\n (13) The United States and its allies have provided the \n resupply of various small arms and training to Peshmerga forces \n since June 2014.\n (14) Such resupply efforts, to comply with United States \n law, must be approved and coordinated through the Government of \n Iraq. In the initial phase of the resupply effort, the \n Government of Iraq constrained and delayed the emergency supply \n of weapons to the Kurdistan Regional Government.\n (15) The Peshmerga forces lack battle-ready armored \n vehicles and the ability to take significant offensive action \n against ISIL forces, leading to requests for such assistance.\n (16) Armored vehicles, anti-armor weapons, long-range \n artillery, and other weapons are consistent with the Kurdistan \n Regional Government's constitutional right to defend itself \n against the clear and present danger posed by ISIL.\n (17) A strong Peshmerga force is essential to countering \n the ISIL threat to Iraq, the region, and United States \n interests.\n (18) The longer ISIL's sanctuary remains largely \n unchallenged, the more time it will have to reinforce its \n positions, and plan attacks against United States interests.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) defeating the Islamic State in Iraq and the Levant \n (ISIL) is critical to maintaining a unified Iraq in which all \n faiths and ethnicities are afforded equal protection and full \n integration into the Iraqi government and society;\n (2) the people of Kurdistan face an urgent and deadly \n threat from ISIL which the Iraqi Security Forces, of which the \n Peshmerga are a component, are currently unable to match in \n armaments;\n (3) any outstanding issues between the Government of Iraq \n and the Kurdistan Regional Government should be resolved by the \n two parties expeditiously to allow for a resumption of normal \n relations; and\n (4) ISIL's recent advances and continued growth present an \n imminent threat to Iraqi Kurdistan, the rest of Iraq and the \n Middle East, and international security.\n\nSEC. 3. STATEMENT OF POLICY.\n\n It shall be the policy of the United States to directly provide the \nKurdistan Regional Government with advanced conventional weapons, \ntraining, and defense services, on an emergency and temporary basis, to \nmore effectively partner with the United States and other international \ncoalition members to defeat the Islamic State in Iraq and the Levant \n(ISIL).\n\nSEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE \n SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN \n REGIONAL GOVERNMENT.\n\n (a) In General.--The President should consult with the Government \nof Iraq in carrying out the authority provided in subsection (b).\n (b) Authorization.--\n (1) Military assistance.--The President is authorized to \n provide defense articles, defense services, and related \n training directly to the Kurdistan Regional Government for the \n purpose of supporting international coalition efforts against \n the Islamic State in Iraq and the Levant (ISIL) or any \n successor group.\n (2) Defense exports.--The President is authorized to issue \n licenses authorizing United States exporters to export defense \n articles, defense services, and related training directly to \n the Kurdistan Regional Government. For purposes of processing \n applications for such export licenses, the President is \n authorized to accept End Use Certificates approved by the \n Kurdistan Regional Government.\n (3) Types of assistance.--Assistance authorized under \n paragraph (1) and exports authorized under paragraph (2) may \n include anti-tank and anti-armor weapons, armored vehicles, \n long-range artillery, crew-served weapons and ammunition, \n secure command and communications equipment, body armor, \n helmets, logistics equipment, excess defense articles and other \n military assistance that the President determines to be \n appropriate.\n (c) Relationship to Existing Authorities; Conditions of \nEligibility.--\n (1) Relationship to existing authorities.--Assistance \n authorized under subsection (b)(1) and licenses for exports \n authorized under subsection (b)(2) shall be provided pursuant \n to the applicable provisions of the Arms Export Control Act (22 \n U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 \n U.S.C. 2151 et seq.), notwithstanding any requirement in such \n applicable provisions of law that a recipient of assistance of \n the type authorized under subsection (b)(1) shall be a country \n or international organization.\n (2) Conditions of eligibility.--In addition to such other \n provisions as the President may require, no defense article, \n defense service, or related training may be provided to the \n Kurdistan Regional Government under the authority of subsection \n (b)(1) or (b)(2) unless the Kurdistan Regional Government \n agrees that--\n (A) it will not provide any such defense article, \n defense service, or related training to anyone who is \n not an officer, employee, or agent of the Kurdistan \n Regional Government, and\n (B) it will not use or permit the use of any such \n defense article, defense service, or related training \n for purposes other than the purposes for which it was \n provided,\n unless the consent of the President has first been obtained.\n (d) Report.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, the President shall submit to the \n appropriate congressional committees a report on the following:\n (A) The anticipated defense articles, defense \n services, and related training to be provided under the \n authority of subsections (b)(1) and (b)(2).\n (B) A timeline for the provision of such defense \n articles, defense services, and related training.\n (C) A description of mechanisms and procedures for \n end-use monitoring of such defense articles, defense \n services, and related training.\n (D) How such defense articles, defense services, \n and related training would contribute to the foreign \n policy and national security of the United States, as \n well as impact security in the region.\n (2) Definition.--In this subsection, the term ``appropriate \n congressional committees'' means--\n (A) the Committee on Foreign Affairs, the Committee \n on Appropriations, and the Committee on Armed Services \n of the House of Representatives; and\n (B) the Committee on Foreign Relations, the \n Committee on Appropriations, and the Committee on Armed \n Services of the Senate.\n (e) Notification.--The President should provide notification to the \nGovernment of Iraq prior to defense articles, defense services, or \nrelated training being provided to the Kurdistan Regional Government \nunder the authority of subsection (b)(1) or (b)(2).\n (f) Definitions.--In this section, the terms ``defense article'', \n``defense service'', and ``training'' have the meanings given those \nterms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).\n (g) Termination.--The authority to provide defense articles, \ndefense services, and related training under subsection (b)(1) and the \nauthority to issue licenses for exports authorized under subsection \n(b)(2) shall terminate on the date that is 3 years after the date of \nthe enactment of this Act.","summary":"Expresses the sense of Congress that: defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society. The people of Kurdistan face a deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments. Any outstanding issues between the government of Iraq and the Kurdistan Regional government (KRG) should be resolved expeditiously to allow for a resumption of normal relations. And ISIL's continued growth presents an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG to support international coalition efforts against ISIL or any successor group. And (2) issue licenses authorizing US exporters to export defense articles, defense services, and related training directly to the KRG. Prohibits the provision of any defense article, service, or related training to the KRG under this Act unless the KRG agrees that it will not: provide any such defense article, service, or training to anyone who is not a KRG officer, employee, or agent. Or use or permit the use of any such defense article, service, or training for purposes other than those for which it was provided, unless the President's consent has been obtained.","title":"To authorize the direct provision of defense articles, defense services, and related training to the Kurdistan Regional Government, and for other purposes.","text_len":11519,"sum_len":1519} {"bill_id":"114_hr5993","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Accountability Now \nAct'' or the ``CAN Act''.\n\nSEC. 2. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF \n MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR \n AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS.\n\n (a) Prohibition.--Except as provided in subsection (b), no funds \nappropriated or otherwise made available for the official travel \nexpenses of a Member of Congress or other officer or employee of any \noffice in the legislative branch may be used for airline accommodations \nwhich are not coach-class accommodations.\n (b) Exceptions.--Funds described in subsection (a) may be used for \nairline accommodations which are not coach-class accommodations for an \nindividual described in subsection (a) if the use of the funds for such \naccommodations would be permitted under sections 301-10.121 through \n301-10.125 of title 41 of the Code of Federal Regulations if the \nindividual were an employee of an agency which is subject to chapter \n301 of such title.\n (c) Rule of Construction.--Nothing in this section may be construed \nto affect any officer or employee of an office of the legislative \nbranch which, as of the date of the enactment of this Act, is subject \nto chapter 301 of title 41 of the Code of Federal Regulations.\n (d) Definitions.--\n (1) Coach-class accommodations.--In this section, the term \n ``coach-class accommodations'' means the basic class of \n accommodation by airlines that is normally the lowest fare \n offered regardless of airline terminology used, and (as \n referred to by airlines) may include tourist class or economy \n class, as well as single class when the airline offers only one \n class of accommodations to all travelers.\n (2) Member of congress.--In this section, the term ``Member \n of Congress'' means a Senator or a Representative in, or \n Delegate or Resident Commissioner to, the Congress.\n\nSEC. 3. PROHIBITING USE OF FUNDS FOR LONG-TERM VEHICLE LEASES BY \n MEMBERS OF CONGRESS.\n\n (a) Prohibition.--No funds appropriated or otherwise made available \nduring a fiscal year for the operations of a House of Congress, \nincluding the official and representational expenses of a Member of \nCongress or the expenses of a committee or leadership office of a House \nof Congress, may be used for the long-term leasing of a vehicle.\n (b) Member of Congress Defined.--In this section, the term ``Member \nof Congress'' means a Senator or a Representative in, or Delegate or \nResident Commissioner to, the Congress.\n\nSEC. 4. RESTRICTING USE OF FRANK BY MEMBERS OF THE HOUSE OF \n REPRESENTATIVES.\n\n Section 311(e) of the Legislative Branch Appropriations Act, 1991 \n(2 U.S.C. 503(e)) is amended by adding at the end the following new \nparagraph:\n ``(3) Funds of the House of Representatives may not be used for \nofficial mail of a Member of the House of Representatives for any \nmaterial other than a document transmitted under the official \nletterhead used for the Member's stationery.''.\n\nSEC. 5. REDUCTION IN PAY AND ELIMINATION OF AUTOMATIC PAY INCREASES FOR \n MEMBERS OF CONGRESS.\n\n (a) In General.--Section 601(a) of the Legislative Reorganization \nAct of 1946 (2 U.S.C. 4501) is amended to read as follows:\n ``Sec. 601. (a) Effective as of the beginning of the first \napplicable pay period commencing after the date of the first regularly \nscheduled general election for Federal office which is held after the \ndate of the enactment of the Congressional Accountability Now Act, the \nannual rate of pay for--\n ``(1) each Senator, Member of the House of Representatives, \n and Delegate to the House of Representatives, and the Resident \n Commissioner from Puerto Rico,\n ``(2) the President pro tempore of the Senate, the majority \n leader and the minority leader of the Senate, and the majority \n leader and the minority leader of the House of Representatives, \n and\n ``(3) the Speaker of the House of Representatives,\nshall be equal to the annual rate of pay for that position as of the \ndate on which such general election is held, reduced by 10 percent.''.\n (b) Effective Date.--Subsection (a) shall take effect on the date \nof the first regularly scheduled general election for Federal office \nwhich is held after the date of the enactment of this Act.\n\nSEC. 6. TERMINATION OF CERTAIN RETIREMENT BENEFITS FOR MEMBERS OF \n CONGRESS.\n\n (a) Amendments Relating to the Civil Service Retirement System.--\n (1) In general.--Subchapter III of chapter 83 of title 5, \n United States Code, is amended by inserting after section 8335 \n the following:\n``Sec. 8335a. Termination of further retirement coverage of Members of \n Congress\n ``(a) In General.--Notwithstanding any other provision of this \nsubchapter and subject to subsection (f), effective as of the date of \nenactment of this section--\n ``(1) a Member shall not be subject to this subchapter for \n any further period of time; and\n ``(2) no further Government contributions or deductions \n from basic pay may be made with respect to such Member for \n deposit in the Treasury of the United States to the credit of \n the Fund.\n ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall \nbe considered to nullify, modify, or otherwise affect any right, \nentitlement, or benefit under this subchapter with respect to any \nMember covering any period prior to the date of enactment of this \nsection.\n ``(c) Right To Participate in Thrift Savings Plan Not Affected.--\nNothing in subsection (a) shall affect the eligibility of a Member to \nparticipate in the Thrift Savings Plan in accordance with otherwise \napplicable provisions of law.\n ``(d) Regulations.--Any regulations necessary to carry out this \nsection may--\n ``(1) except with respect to matters under paragraph (2), \n be prescribed by the Director of the Office of Personnel \n Management; and\n ``(2) with respect to matters relating to the Thrift \n Savings Plan, be prescribed by the Executive Director (as \n defined by section 8401(13)).\n ``(e) Exclusion.--For purposes of this section, the term `Member' \ndoes not include the Vice President.\n ``(f) Opt-In.--Not later than 90 days after the date of enactment \nof this section, a Member covered by this subchapter as of such date of \nenactment may elect, by giving notice in writing to the official by \nwhom such Member is paid, to remain subject to this subchapter.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 83 of title 5, United States Code, is \n amended by inserting after the item relating to section 8335 \n the following:\n\n``8335a. Termination of further retirement coverage of Members of \n Congress.''.\n (b) Amendments Relating to the Federal Employees' Retirement \nSystem.--\n (1) In general.--Subchapter II of chapter 84 of title 5, \n United States Code, is amended by inserting after section 8425 \n the following:\n``Sec. 8425a. Termination of further retirement coverage of Members of \n Congress\n ``(a) In General.--Notwithstanding any other provision of this \nchapter, effective as of the date of enactment of this section--\n ``(1) subject to subsection (f), in the case of an \n individual who first becomes a Member before such date of \n enactment--\n ``(A) such Member shall not be subject to this \n chapter for any further period of time after such date \n of enactment; and\n ``(B) no further Government contributions or \n deductions from basic pay may be made with respect to \n such Member for deposit in the Treasury of the United \n States to the credit of the Fund; and\n ``(2) in the case of an individual who first becomes a \n Member on or after such date of enactment--\n ``(A) such Member shall not be subject to this \n chapter; and\n ``(B) no Government contributions or deductions \n from basic pay may be made with respect to such Member \n for deposit in the Treasury of the United States to the \n credit of the Fund.\n ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall \nbe considered to nullify, modify, or otherwise affect any right, \nentitlement, or benefit under this chapter with respect to any Member \ncovering any period prior to the date of enactment of this section.\n ``(c) Right To Participate in Thrift Savings Plan Not Affected.--\nNothing in subsection (a) or (b) shall affect the eligibility of a \nMember to participate in the Thrift Savings Plan in accordance with \notherwise applicable provisions of law.\n ``(d) Regulations.--\n ``(1) In general.--Any regulations necessary to carry out \n this section may--\n ``(A) except with respect to matters under \n subparagraph (B), be prescribed by the Director of the \n Office of Personnel Management; and\n ``(B) with respect to matters relating to the \n Thrift Savings Plan, be prescribed by the Executive \n Director (as defined by section 8401(13)).\n ``(2) Refunds.--Notwithstanding subsection (b), the \n regulations under paragraph (1)(A) shall, in the case of a \n Member who has not completed at least 5 years of civilian \n service as of the date of enactment of this section, provide \n that the lump-sum credit shall be payable to such Member to the \n same extent and in the same manner as if such Member satisfied \n paragraphs (1) through (4) of section 8424(a) as of such date \n of enactment.\n ``(e) Exclusions.--For purposes of this section, the term `Member' \ndoes not include the Vice President.\n ``(f) Opt-In for Members.--Not later than 90 days after the date of \nenactment of this section, a Member covered by this chapter as of such \ndate may elect, by giving notice in writing to the official by whom \nsuch Member is paid, to remain subject to this chapter.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 84 of title 5, United States Code, is \n amended by inserting after the item relating to section 8425 \n the following:\n\n``8425a. Termination of further retirement coverage of Members of \n Congress.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act, other than sections 5 \nand 6, shall apply with respect to fiscal year 2017 and each succeeding \nfiscal year.","summary":"Congressional Accountability Now Act or the CAN Act This bill prohibits the use of funds: (1) for the official travel expenses of a Member of Congress or legislative branch employee for airline accomodations that are not coach-class, (2) for the long-term leasing of a vehicle by a Member of Congress, and (3) for a Member's official mail other than a document transmitted under official letterhead. The bill amends the Legislative Reorganization Act of 1946 to reduce the annual rate of pay for Members of Congress by 10. This bill excludes Members of Congress from further coverage under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). This exclusion does not apply to the Vice President. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before its enactment. Or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan. Members currently covered by CSRS or FERS may elect to retain such coverage by giving written notice within 90 days after enactment of this bill.","title":"CAN Act","text_len":11080,"sum_len":1166} {"bill_id":"112_hr4289","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency and Accountability in \nCongressional Travel Act of 2012''.\n\nSEC. 2. ENHANCED DISCLOSURE OF MEMBER AND STAFF TRAVEL.\n\n (a) Reporting Requirements for Official Foreign Travel by Members \nand Employees.--\n (1) Statement required prior to undertaking travel.--A \n Member or employee of Congress may not undertake any official \n foreign travel unless, not later than 14 days prior to the date \n on which the travel begins, the Member or employee prepares and \n submits to the Clerk of the House of Representatives (in the \n case of a Member or employee of the House) or the Secretary of \n the Senate (in the case of a Senator or employee of the Senate) \n a statement containing the following information:\n (A) The name and position of the Member or employee \n involved, and (in the case of an employee) the \n employing office.\n (B) The office authorizing the travel.\n (C) A statement of worthiness regarding the purpose \n of the travel, including a description of how the \n travel relates to the Member's or employee's official \n duties.\n (D) A tentative itinerary for each day of the \n travel, including a list of the foreign nations and the \n locations within each such nation the Member or \n employee intends to visit and any individuals with whom \n the Member or employee intends to meet.\n (E) The names of any other individuals who are \n accompanying the Member or employee during the travel, \n without regard to whether such individuals are Members \n or employees of the House.\n (F) The amount of per diem the Member or employee \n requested to be provided for the travel, and whether \n the amount is greater than the standard per diem \n provided under chapter 57 of title 5, United States \n Code.\n (G) A statement as to whether the aircraft to be \n used for transportation for the travel is commercial, \n chartered, private, or military), and (in the case of \n commercial aircraft) whether the seating is coach, \n business class, or first class.\n (H) The Member's or employee's best estimate of the \n costs of the travel, itemized by the costs of \n transportation, meals, and lodging.\n (I) If any portion of the cost of the travel will \n be paid using appropriated funds other than funds of \n the House of Representatives or Senate (including funds \n of the Department of Defense or the Department of \n State), the name of the office which is the source of \n such funds.\n (2) Statement required after completion of travel.--Not \n later than 14 days after completing any official foreign \n travel, the Member or employee who undertook the travel shall \n prepare and submit to the Clerk of the House of Representatives \n (in the case of a Member or employee of the House) or the \n Secretary of the Senate (in the case of a Senator or employee \n of the Senate) a statement containing the following \n information:\n (A) The name and position of the Member or employee \n involved, and (in the case of an employee) the \n employing office.\n (B) The office authorizing the travel.\n (C) A statement detailing the value, worthiness, \n and educational benefit to the Member or employee of \n the travel.\n (D) The actual itinerary for the travel, including \n a comprehensive statement of travel times, foreign \n nations visited and the locations visited in each such \n nation, meetings, and other activities carried out \n during the travel.\n (E) The names of any other individuals who did \n accompany the Member or employee during the travel, \n without regard to whether such individuals are Members \n or employees of the House.\n (F) How much (if any) per diem was provided for the \n travel and how much (if any) of such per diem was \n unspent.\n (G) A statement as to whether the aircraft used for \n transportation for the travel was commercial, \n chartered, private, or military), and (in the case of \n commercial aircraft) whether the seating was coach, \n business class, or first class.\n (H) The actual cost of the travel, itemized by the \n costs of--\n (i) transportation (including the \n identification of the providers of the \n transportation);\n (ii) lodging (including the identification \n of the providers of the lodging); and\n (iii) meals (including the identification \n of the providers of the meals).\n (I) If any portion of the cost of the travel was \n paid (or will be paid) using appropriated funds other \n than funds of the House of Representatives or Senate \n (including funds of the Department of Defense or the \n Department of State), the name of the office which is \n the source of such funds and the amount of the payment \n which is (or which will be) attributable to such \n office.\n (3) Exception for classified information.--A Member or \n employee may exclude from a statement prepared under this \n subsection any information which is classified, so long as the \n Member includes documentation in support of the exclusion in \n the statement prepared under this subsection.\n (4) Use of electronic filing.--To the greatest extent \n practicable, a Member or employee shall submit the statements \n required under this section in both paper and electronic form.\n (b) Determination and Disclosure of Costs Incurred by Secretary of \nDefense or Secretary of State.--In the case of official foreign travel \nof a Member or employee of Congress for which any of the costs are to \nbe paid by funds of the Department of Defense or the Department of \nState, the Secretary of Defense or the Secretary of State (as the case \nmay be) shall, not later than 10 days after completion of the travel \ninvolved, provide the Member or employee with a written statement \ncontaining the following information:\n (1) The cost incurred with respect to the Member or \n employee, itemized by the cost of transportation, lodging, and \n meals.\n (2) A statement as to whether the aircraft used for \n transportation for the travel was commercial, chartered, \n private, or military), and (in the case of commercial aircraft) \n whether the seating was coach, business class, or first class.\n (3) Such other information as the Member or employee may \n request in order to enable the Member or employee to prepare \n and submit the statement required under subsection (a)(2).\n (c) Internet Posting of Reports.--Upon receiving a statement under \nsubsection (a) with respect to official foreign travel of a Member or \nemployee of Congress, the Clerk of the House of Representatives or the \nSecretary of the Senate (as the case may be) shall post the statement \non the Clerk's or Secretary's official public Internet site in a \nsearchable, sortable, and downloadable manner.\n\nSEC. 3. OTHER RESTRICTIONS ON OFFICIAL FOREIGN TRAVEL OF MEMBERS AND \n STAFF.\n\n (a) Prohibiting Vacation Stopovers During Travel.--A Member or \nemployee of Congress may not undertake a vacation stopover for annual \nleave at any point during official foreign travel.\n (b) Restrictions on Travel by Employees.--\n (1) Travel by employees of members.--An employee of \n Congress whose employing office is the office of a Member of \n Congress may not undertake any official foreign travel unless--\n (A) the authorizing office for the travel is the \n office of the Member;\n (B) the travel is undertaken by the employee to \n accompany the Member on the Member's own official \n foreign travel; and\n (C) no other employee of the office accompanies the \n Member on such travel.\n (2) Travel by employees of committees.--An employee of \n Congress whose employing office is the office of a committee of \n the House of Representatives or Senate (including a joint \n committee) may not undertake any official foreign travel \n unless--\n (A) the authorizing office for the travel is the \n office of the committee;\n (B) the travel is undertaken by the employee to \n accompany a Member who serves on the committee on the \n Member's own official foreign travel; and\n (C) the number of employees accompanying the \n Members of the committee on such travel does not exceed \n the number of Members of the committee who are \n participating in such travel.\n (3) Exception for certain travel.--This subsection does not \n apply with respect to travel to a military installation or \n travel to a theater of operations of the Armed Forces.\n (c) Requiring Efforts To Reduce Expenses; Return of Unspent Per \nDiem.--Each Member and employee of Congress who undertakes official \nforeign travel shall--\n (1) take such actions as may be necessary to reduce the \n costs incurred for such travel; and\n (2) return any per diem provided to the Member or employee \n which remains unexpended as of the conclusion of the travel.\n (d) No Effect on Other Authorization Requirements.--Nothing in this \nsection shall be construed to affect any requirement under the Rules of \nthe House of Representatives, the Standing Rules of the Senate, or any \nlaw that a Member, officer, or employee of Congress obtain \nauthorization for official foreign travel prior to undertaking such \ntravel.\n (e) Regulations.--This section shall be carried out in accordance \nwith regulations promulgated--\n (1) by the Committee on House Administration of the House \n of Representatives, with respect to Members and employees of \n the House of Representatives; or\n (2) by the Committee on Rules and Administration of the \n Senate, with respect to Senators and employees of the Senate.\n\nSEC. 4. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) The term ``authorizing office'' means, with respect to \n a Member or employee of Congress, the office which is \n authorized under law or the Rules of the House of \n Representatives or the Standing Rules of the Senate to approve \n the use of appropriated funds, including official funds of the \n Senate or House of Representatives, for official travel outside \n of the United States by the Member or employee.\n (2) The term ``employee of Congress'' means an individual \n whose salary is disbursed by the Chief Administrative Officer \n of the House of Representatives or the Secretary of the Senate.\n (3) The term ``Member of Congress'' means a Senator or a \n Representative in, or Delegate or Resident Commissioner to, the \n Congress.\n (4) The term ``official foreign travel'' means any travel \n outside of the United States for which the costs (including the \n costs of transportation, lodging, meals, and related expenses) \n may be covered by appropriated funds, including official funds \n of the Senate or House of Representatives, under law or the \n Rules of the House of Representatives or the Standing Rules of \n the Senate, or by funds provided under section 502(b) of the \n Mutual Security Act of 1954 (22 U.S.C. 1754(b)).\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act shall apply with respect to official foreign travel \nundertaken after the expiration of the 90-day period which begins on \nthe date of the enactment of this Act.","summary":"Transparency and Accountability in Congressional Travel Act of 2012 - Prohibits a Member of Congress or congressional employee from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and submits to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, a specified statement containing travel-related information. Allows the Member or congressional employee to exclude classified information from such statements, so long as the Member includes documentation in support of such exclusion. Requires the Secretary of Defense (DOD) or the Secretary of State, as appropriate, for official travel by a Member or congressional employee for which any of the costs are to be paid by their respective departmental funds, to give such individual, within 10 days after completion of such travel, a written statement specifying: (1) the cost incurred, itemized by the cost of transportation, lodging, and meals. And (2) whether the aircraft used was chartered, private, military, or, in the case of commercial aircraft, whether the seating was coach, business class, or first class. Requires the Clerk and the Secretary to post such statements on their respective official public Internet sites. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires each Member and congressional employee who undertakes official foreign travel to: (1) take necessary actions to reduce travel costs, and (2) return any per diem remaining unexpended at conclusion of the travel.","title":"To enhance the disclosure of information on official foreign travel of Members and employees of Congress, to impose additional restrictions on such travel, and for other purposes.","text_len":13028,"sum_len":1794} {"bill_id":"111_hr5636","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Mental Health and \nAddiction Safety Net Equity Act of 2010''.\n\nSEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS.\n\n Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is \namended--\n (1) in subsection (a)(2)(A), by striking ``community mental \n health services'' and inserting ``behavioral health services \n (of the type offered by federally qualified behavioral health \n centers consistent with subsection (c)(3))'';\n (2) in subsection (b)--\n (A) by striking paragraph (1) and inserting the \n following:\n ``(1) services under the plan will be provided only through \n appropriate, qualified community programs (which may include \n federally qualified behavioral health centers, child mental \n health programs, psychosocial rehabilitation programs, mental \n health peer-support programs, and mental health primary \n consumer-directed programs); and''; and\n (B) in paragraph (2), by striking ``community \n mental health centers'' and inserting ``federally \n qualified behavioral health centers''; and\n (3) by striking subsection (c) and inserting the following:\n ``(c) Criteria for Federally Qualified Behavioral Health Centers.--\n ``(1) In general.--The Administrator shall certify, and \n recertify at least every 5 years, federally qualified \n behavioral health centers as meeting the criteria specified in \n this subsection.\n ``(2) Regulations.--Not later than 18 months after the date \n of the enactment of the Community Mental Health and Addiction \n Safety Net Equity Act of 2010, the Administrator shall issue \n final regulations for certifying non-profit or local government \n centers as centers under paragraph (1).\n ``(3) Criteria.--The criteria referred to in subsection \n (b)(2) are that the center performs each of the following:\n ``(A) Provide services in locations that ensure \n services will be available and accessible promptly and \n in a manner which preserves human dignity and assures \n continuity of care.\n ``(B) Provide services in a mode of service \n delivery appropriate for the target population.\n ``(C) Provide individuals with a choice of service \n options where there is more than one efficacious \n treatment.\n ``(D) Employ a core staff of clinical staff that is \n multidisciplinary and culturally and linguistically \n competent.\n ``(E) Provide services, within the limits of the \n capacities of the center, to any individual residing or \n employed in the service area of the center, regardless \n of the ability of the individual to pay.\n ``(F) Provide, directly or through contract, to the \n extent covered for adults in the State Medicaid plan \n under title XIX of the Social Security Act and for \n children in accordance with section 1905(r) of such Act \n regarding early and periodic screening, diagnosis, and \n treatment, each of the following services:\n ``(i) Screening, assessment, and diagnosis, \n including risk assessment.\n ``(ii) Person-centered treatment planning \n or similar processes, including risk assessment \n and crisis planning.\n ``(iii) Outpatient clinic mental health \n services, including screening, assessment, \n diagnosis, psychotherapy, substance abuse \n counseling, medication management, and \n integrated treatment for mental illness and \n substance abuse which shall be evidence-based \n (including cognitive behavioral therapy and \n other such therapies which are evidence-based).\n ``(iv) Outpatient clinic primary care \n services, including screening and monitoring of \n key health indicators and health risk \n (including screening for diabetes, \n hypertension, and cardiovascular disease and \n monitoring of weight, height, body mass index \n (BMI), blood pressure, blood glucose or HbA1C, \n and lipid profile).\n ``(v) Crisis mental health services, \n including 24-hour mobile crisis teams, \n emergency crisis intervention services, and \n crisis stabilization.\n ``(vi) Targeted case management (services \n to assist individuals gaining access to needed \n medical, social, educational, and other \n services and applying for income security and \n other benefits to which they may be entitled).\n ``(vii) Psychiatric rehabilitation services \n including skills training, assertive community \n treatment, family psychoeducation, disability \n self-management, supported employment, \n supported housing services, therapeutic foster \n care services, and such other evidence-based \n practices as the Secretary may require.\n ``(viii) Peer support and counselor \n services and family supports.\n ``(G) Maintain linkages, and where possible enter \n into formal contracts with the following:\n ``(i) Inpatient psychiatric facilities and \n substance abuse detoxification and residential \n programs.\n ``(ii) Adult and youth peer support and \n counselor services.\n ``(iii) Family support services for \n families of children with serious mental \n disorders.\n ``(iv) Other community or regional \n services, supports, and providers, including \n schools, child welfare agencies, juvenile and \n criminal justice agencies and facilities, \n housing agencies and programs, employers, and \n other social services.\n ``(v) Onsite or offsite access to primary \n care services.\n ``(vi) Enabling services, including \n outreach, transportation, and translation.\n ``(vii) Health and wellness services, \n including services for tobacco cessation.''.\n\nSEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED \n BEHAVIORAL HEALTH CENTER SERVICES.\n\n (a) Payment for Services Provided by Federally Qualified Behavioral \nHealth Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C. \n1396a(bb)) is amended--\n (1) in the heading, by striking ``and Rural Health \n Clinics'' and inserting ``, Federally Qualified Behavioral \n Health Centers, and Rural Health Clinics'';\n (2) in paragraph (1), by inserting ``(and beginning with \n fiscal year 2011 with respect to services furnished on or after \n January 1, 2011, and each succeeding fiscal year, for services \n described in section 1905(a)(2)(D) furnished by a federally \n qualified behavioral health center)'' after ``by a rural health \n clinic'';\n (3) in paragraph (2)--\n (A) by striking the heading and inserting ``Initial \n fiscal year'';\n (B) by inserting ``(or, in the case of services \n described in section 1905(a)(2)(D) furnished by a \n federally qualified behavioral health center, for \n services furnished on and after January 1, 2011, during \n fiscal year 2011)'' after ``January 1, 2001, during \n fiscal year 2001'';\n (C) by inserting ``(or, in the case of services \n described in section 1905(a)(2)(D) furnished by a \n federally qualified behavioral health center, during \n fiscal years 2009 and 2010)'' after ``1999 and 2000''; \n and\n (D) by inserting ``(or, in the case of services \n described in section 1905(a)(2)(D) furnished by a \n federally qualified behavioral health center, during \n fiscal year 2011)'' before the period;\n (4) in paragraph (3)--\n (A) in the heading, by striking ``Fiscal year 2002 \n and succeeding'' and inserting ``Succeeding''; and\n (B) by inserting ``(or, in the case of services \n described in section 1905(a)(2)(D) furnished by a \n federally qualified behavioral health center, for \n services furnished during fiscal year 2012 or a \n succeeding fiscal year)'' after ``2002 or a succeeding \n fiscal year'';\n (5) in paragraph (4)--\n (A) by inserting ``(or as a federally qualified \n behavioral health center after fiscal year 2010)'' \n after ``or rural health clinic after fiscal year \n 2000'';\n (B) by striking ``furnished by the center or'' and \n inserting ``furnished by the federally qualified health \n center, services described in section 1905(a)(2)(D) \n furnished by the federally qualified behavioral health \n center, or'';\n (C) in the second sentence, by striking ``or rural \n health clinic'' and inserting ``, federally qualified \n behavioral health center, or rural health clinic'';\n (6) in paragraph (5), in each of subparagraphs (A) and (B), \n by striking ``or rural health clinic'' and inserting ``, \n federally qualified behavioral health center, or rural health \n clinic''; and\n (7) in paragraph (6), by striking ``or to a rural health \n clinic'' and inserting ``, to a federally qualified behavioral \n health center for services described in section 1905(a)(2)(D), \n or to a rural health clinic''.\n (b) Inclusion of Federally Qualified Behavioral Health Center \nServices in the Term Medical Assistance.--Section 1905(a)(2) of the \nSocial Security Act (42 U.S.C. 1396d(a)(2)) is amended--\n (1) by striking ``and'' before ``(C)''; and\n (2) by inserting before the semicolon at the end the \n following: ``, and (D) federally qualified behavioral health \n center services (as defined in subsection (l)(4))''.\n (c) Definition of Federally Qualified Behavioral Health Center \nServices.--Section 1905(l) of the Social Security Act (42 U.S.C. \n1396d(l)) is amended by adding at the end the following paragraph:\n ``(4)(A) The term `federally qualified behavioral health \n center services' means services furnished to an individual at a \n federally qualified behavioral health center (as defined by \n subparagraph (B).\n ``(B) The term `federally qualified behavioral health \n center' means an entity that is certified under section 1913(c) \n of the Public Health Service Act as meeting the criteria \n described in paragraph (3) of such section.''.\n\nSEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES.\n\n (a) Paperwork Reduction Study.--\n (1) In general.--Not later than 12 months after the date of \n the enactment of this Act, the Institute of Medicine shall \n submit to the appropriate committees of Congress a report that \n evaluates the combined paperwork burden of federally qualified \n behavioral health centers certified section 1913(c) of the \n Public Health Service Act, as inserted by section 2.\n (2) Scope.--In preparing the report under paragraph (1), \n the Institute of Medicine shall examine licensing, \n certification, service definitions, claims payment, billing \n codes, and financial auditing requirements utilized by the \n Office of Management and Budget, the Centers for Medicare & \n Medicaid Services, the Health Resources and Services \n Administration, the Substance Abuse and Mental Health Services \n Administration, the Office of the Inspector General, State \n Medicaid agencies, State departments of health, State \n departments of education, and State and local juvenile justice \n and social services agencies to--\n (A) establish an estimate of the combined \n nationwide cost of complying with the requirements \n described in this paragraph, in terms of both \n administrative funding and staff time;\n (B) establish an estimate of the per capita cost to \n each federally qualified behavioral health center \n certified under section 1913(c) of the Public Health \n Service Act to comply with the requirements described \n in this paragraph, in terms of both administrative \n funding and staff time; and\n (C) make administrative and statutory \n recommendations to Congress, which may include a \n uniform methodology, to reduce the paperwork burden \n experienced by such federally qualified behavioral \n health centers.\n (3) Authorization of appropriations.--There are authorized \n to be appropriated to carry out this subsection $550,000 for \n each of the fiscal years 2012 and 2013.\n (b) Wage Study.--\n (1) In general.--Not later than 12 months after the date of \n the enactment of this Act, the Institute of Medicine shall \n conduct a nationwide analysis, and submit a report to the \n appropriate committees of Congress, concerning the compensation \n structure of professional and paraprofessional personnel \n employed by federally qualified behavioral health centers \n certified under section 1913(c) of the Public Health Service \n Act, as inserted by section 2, as compared with the \n compensation structure of comparable health safety net \n providers and relevant private sector health care employers.\n (2) Scope.--In preparing the report under paragraph (1), \n the Institute of Medicine shall examine compensation \n disparities, if such disparities are determined to exist, by \n type of personnel, type of provider or private sector employer, \n and by geographic region.\n (3) Authorization of appropriations.--There are authorized \n to be appropriated to carry out this subsection, $550,000 for \n each of the fiscal years 2012 and 2013.","summary":"Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers. And (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers.","title":"To establish Federally Qualified Behavioral Health Centers and to require Medicaid coverage for services provided by such Centers.","text_len":15875,"sum_len":887} {"bill_id":"105_s1692","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Software Trade Secrets Protection \nAct''.\n\nSEC. 2. SOFTWARE TRADE SECRETS PROTECTION.\n\n (a) In General.--Subchapter A of chapter 78 of the Internal Revenue \nCode of 1986 (relating to examination and inspection) is amended by \nredesignating section 7612 as section 7613 and by inserting after 7611 \nthe following:\n\n``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE.\n\n ``(a) Limitation on Authority to Require Production of Computer \nSoftware Source Code.--\n ``(1) In general.--No summons may be issued under this \n title, and the Secretary may not begin any action under section \n 7604 to enforce any summons, to produce or examine any computer \n software source code or related customer communications, and \n training materials.\n ``(2) Exception where information not otherwise available \n to verify correctness of item on return.--Paragraph (1) shall \n not apply to any portion, item, or component of computer \n software source code if--\n ``(A) the Secretary, without examining the computer \n software source code, is unable to otherwise ascertain \n with reasonable accuracy the correctness of any item on \n a return after employing auditing procedures and \n practices otherwise used pursuant to this title,\n ``(B) the Secretary identifies with reasonable \n specificity the portion, item, or component of such \n code needed to verify the correctness of such item on \n the return, and\n ``(C) the Secretary demonstrates that with respect \n to the issue under examination the need for the \n portion, item, or component of the computer software \n source code requested outweighs the burdens of \n production imposed on the summoned person and the risks \n of disclosure of trade secrets.\n ``(3) Other exceptions.--Paragraph (1) shall not apply to--\n ``(A) any inquiry into any offense connected with \n the administration or enforcement of the internal \n revenue laws, and\n ``(B) any computer software developed by the \n taxpayer or a related person (within the meaning of \n section 267 or 707(b)) for internal use by the taxpayer \n or such person and not for commercial purposes.\n ``(4) Enforcement proceeding.--In any proceeding brought \n under section 7604 to enforce a summons issued under this \n section, the court shall hold a hearing to determine whether \n the Secretary has met the requirements of paragraph (2).\n ``(5) Compliance with summons for computer software source \n code.--Any person to whom a summons for a portion, item, or \n component of computer software source code is issued shall be \n deemed to have complied with such summons by producing a hard-\n copy printout of such code.\n ``(b) Protection of Trade Secrets and Other Confidential \nInformation.--\n ``(1) Entry of protective order.--In any court proceeding \n to enforce a summons for any portion of software, the court may \n receive evidence and issue any order necessary to prevent undue \n burdens or the disclosure of trade secrets or other \n confidential information with respect to such software, \n including providing that any information be placed under seal \n to be opened only as directed by the court.\n ``(2) Protection of software.--Notwithstanding any other \n provision of this section, and in addition to any protections \n ordered pursuant to paragraph (1), in the case of software that \n comes into the possession or control of the Secretary in the \n course of any examination with respect to any taxpayer--\n ``(A) the software may be examined only in \n connection with the examination of such taxpayer's \n return,\n ``(B) the software may be disclosed only to persons \n conducting such examination whose duties or \n responsibilities require access to the software,\n ``(C) the software shall be maintained in a secure \n area or place, and, in the case of computer software \n source code and related documents, shall not be removed \n from the owner's place of business,\n ``(D) the software may not be copied except as \n necessary to perform such examination,\n ``(E) at the end of the examination (and any \n judicial review of the summons issued under this \n section), the software and all copies thereof shall be \n returned to the person from whom they were obtained and \n any copies thereof made under subparagraph (D) on the \n hard drive of a machine or other mass storage device \n shall be permanently deleted and any notes or other \n memoranda made with regard to such software shall be \n destroyed,\n ``(F) the software may not be decompiled, \n disassembled, or reverse engineered, and\n ``(G) the Secretary shall provide to the taxpayer \n and the owner of any interest in such software, as the \n case may be, a written agreement between the Secretary \n and any person who will examine or otherwise have \n access to such software, in which such person agrees--\n ``(i) not to disclose such software to any \n person other than authorized employees or \n agents of the Secretary during and after \n employment by the Secretary, and\n ``(ii) not to compete with the owner of the \n software for a period of 2 years after \n disclosure to such person of such software.\n ``The owner of any interest in the software shall be considered \n a party to any agreement described in subparagraph (G).\n ``(c) Compliance With Summons for Certain Computer Software \nExecutable Code.--Any taxpayer to whom is issued a summons for \ncommercially available computer software executable code used to \nprepare such taxpayer's return or to account for the taxpayer's \ntransactions with others shall be deemed to have complied with such \nsummons by producing a read-only version of such code.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Software.--The term `software' includes computer \n software source code and computer software executable code.\n ``(2) Computer software source code.--The term `computer \n software source code' means--\n ``(A) the code written by a programmer using a \n programming language which is comprehensible to \n appropriately trained persons, is not machine readable, \n and is not capable of directly being used to give \n instructions to a computer, and\n ``(B) related programmers' notes, design documents, \n memoranda, and similar documentation, excluding \n customer communications and training materials.\n ``(3) Computer software executable code.--The term \n `computer software executable code' means--\n ``(A) any object code, machine code, or other code \n readable by a computer when loaded into its memory and \n used directly by such computer to execute instructions, \n and\n ``(B) any related user manuals.''.\n (b) Unauthorized Disclosure of Software.--Section 7213 of the \nInternal Revenue Code of 1986 (relating to unauthorized disclosure of \ninformation) is amended by redesignating subsection (d) as subsection \n(e) and by inserting after subsection (c) the following:\n ``(d) Disclosure of Software.--Any person who divulges or makes \nknown in any manner whatever not provided under section 7612 to any \nother person software (as defined in section 7612(d)(1)) shall be \nguilty of a felony and, upon conviction thereof, shall be fined not \nmore than $5,000, or imprisoned not more than 5 years, or both, \ntogether with the costs of prosecution.''.\n (c) Conforming Amendment.--The table of sections for subchapter A \nof chapter 78 of the Internal Revenue Code of 1986 is amended by \nstriking the item relating to section 7612 and by inserting the \nfollowing:\n\n``Sec. 7612. Special procedures for summonses for computer software.\n``Sec. 7613. Cross references.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this Act.","summary":"Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.","title":"Software Trade Secrets Protection Act","text_len":9176,"sum_len":272} {"bill_id":"103_hr1353","text":"SECTION 1. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to amounts specifically \nexcluded from gross income) is amended by inserting after section 115 \nthe following new section:\n\n``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY \n INDIVIDUALS.\n\n ``(a) Exclusion From Gross Income.--Gross income does not include \nthe sum of the amounts received during the taxable year by an \nindividual as--\n ``(1) dividends from domestic corporations, or\n ``(2) interest.\n ``(b) Limitations.--\n ``(1) Maximum amount.--The aggregate amount excluded under \n subsection (a) for any taxable year shall not exceed $5,000 \n ($10,000 in the case of a joint return).\n ``(2) Certain dividends excluded.--Subsection (a)(1) shall \n not apply to any dividend from a corporation which, for the \n taxable year of the corporation in which the distribution is \n made, or for the next preceding taxable year of the \n corporation, is a corporation exempt from tax under section 501 \n (relating to certain charitable, etc., organization) or section \n 521 (relating to farmers' cooperative associations).\n ``(c) Special Rules.--For purposes of this section--\n ``(1) Distributions from regulated investment companies and \n real estate investment trusts.--Subsection (a) shall apply with \n respect to distributions by--\n ``(A) regulated investment companies to the extent \n provided in section 854(c), and\n ``(B) real estate investment trusts to the extent \n provided in section 857(c).\n ``(2) Distributions by a trust.--For purposes of subsection \n (a), the amount of dividends and interest properly allocable to \n a beneficiary under section 652 or 662 shall be deemed to have \n been received by the beneficiary ratably on the same date that \n the dividends and interest were received by the estate or \n trust.\n ``(3) Certain nonresident aliens ineligible for \n exclusion.--In the case of a nonresident alien individual, \n subsection (a) shall apply only--\n ``(A) in determining the tax imposed for the \n taxable year pursuant to section 871(b)(1) and only in \n respect of dividends and interest which are effectively \n connected with the conduct of a trade or business \n within the United States, or\n ``(B) in determining the tax imposed for the \n taxable year pursuant to section 877(b).''\n (b) Clerical and Conforming Amendments.--\n (1) The table of sections for part III of subchapter B of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 115 the following new item:\n\n ``Sec. 116. Partial exclusion of \n dividends and interest received \n by individuals.''\n (2) Paragraph (2) of section 265(a) of such Code is amended \n by inserting before the period at the end thereof the \n following: ``, or to purchase or carry obligations or shares, \n or to make deposits, to the extent the interest thereon is \n excludable from gross income under section 116''.\n (3) Subsection (c) of section 584 of such Code is amended \n by adding at the end thereof the following new sentence:\n``The proportionate share of each participant in the amount of \ndividends or interest received by the common trust fund and to which \nsection 116 applies shall be considered for purposes of such section as \nhaving been received by such participant.''\n (4) Subsection (a) of section 643 of such Code is amended \n by inserting after paragraph (6) the following new paragraph:\n ``(7) Dividends or interest.--There shall be included the \n amount of any dividends or interest excluded from gross income \n pursuant to section 116.''\n (5) Section 854 of such Code is amended by adding at the \n end thereof the following new subsection:\n ``(c) Treatment Under Section 116.--\n ``(1) In general.--For purposes of section 116, in the case \n of any dividend (other than a dividend described in subsection \n (a)) received from a regulated investment company which meets \n the requirements of section 852 for the taxable year in which \n it paid the dividend--\n ``(A) the entire amount of such dividend shall be \n treated as a dividend if the aggregate dividends and \n interest received by such company during the taxable \n year equal or exceed 75 percent of its gross income, or\n ``(B) if subparagraph (A) does not apply, a portion \n of such dividend shall be treated as a dividend (and a \n portion of such dividend shall be treated as interest) \n based on the portion of the company's gross income \n which consists of aggregate dividends or aggregate \n interest, as the case may be.\n For purposes of the preceding sentence, gross income and \n aggregate interest received shall each be reduced by so much of \n the deduction allowable by section 163 for the taxable year as \n does not exceed aggregate interest received for the taxable \n year.\n ``(2) Notice to shareholders.--The amount of any \n distribution by a regulated investment company which may be \n taken into account as a dividend for purposes of the exclusion \n under section 116 shall not exceed the amount so designated by \n the company in a written notice to its shareholders mailed not \n later than 45 days after the close of its taxable year.\n ``(3) Definitions.--For purposes of this subsection--\n ``(A) The term `gross income' does not include gain \n from the sale or other disposition of stock or \n securities.\n ``(B) The term `aggregate dividends received' \n includes only dividends received from domestic \n corporations other than dividends described in section \n 116(b)(2). In determining the amount of any dividend \n for purposes of this subparagraph, the rules provided \n in section 116(c)(1) (relating to certain \n distributions) shall apply.''\n (6) Subsection (c) of section 857 of such Code is amended \n to read as follows:\n ``(c) Limitations Applicable to Dividends Received From Real Estate \nInvestment Trusts.--\n ``(1) In general.--For purposes of section 116 (relating to \n an exclusion for dividends and interest received by \n individuals) and section 243 (relating to deductions for \n dividends received by corporations), a dividend received from a \n real estate investment trust which meets the requirements of \n this part shall not be considered as a dividend.\n ``(2) Treatment as interest.--In the case of a dividend \n (other than a capital gain dividend, as defined in subsection \n (b)(3)(C)) received from a real estate investment trust which \n meets the requirements of this part for the taxable year in \n which it paid the dividend--\n ``(A) such dividend shall be treated as interest if \n the aggregate interest received by the real estate \n investment trust for the taxable year equals or exceeds \n 75 percent of its gross income, or\n ``(B) if subparagraph (A) does not apply, the \n portion of such dividend which bears the same ratio to \n the amount of such dividend as the aggregate interest \n received bears to gross income shall be treated as \n interest.\n ``(3) Adjustments to gross income and aggregate interest \n received.--For purposes of paragraph (2)--\n ``(A) gross income does not include the net capital \n gain,\n ``(B) gross income and aggregate interest received \n shall each be reduced by so much of the deduction \n allowable by section 163 for the taxable year (other \n than for interest on mortgages on real property owned \n by the real estate investment trust) as does not exceed \n aggregate interest received by the taxable year, and\n ``(C) gross income shall be reduced by the sum of \n the taxes imposed by paragraphs (4), (5), and (6) of \n section 857(b).\n ``(4) Notice to shareholders.--The amount of any \n distribution by a real estate investment trust which may be \n taken into account as interest for purposes of the exclusion \n under section 116 shall not exceed the amount so designated by \n the trust in a written notice to its shareholders mailed not \n later than 45 days after the close of its taxable year.''\n (c) Effective Date.--The amendments made by this section shall \napply with respect to taxable years beginning after December 31, 1992.","summary":"Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual.","title":"To amend the Internal Revenue Code of 1986 to provide a partial exclusion of dividends and interest received by individuals.","text_len":9660,"sum_len":115} {"bill_id":"106_hr1830","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unemployment Compensation Amendments \nof 1999''.\n\nSEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM.\n\n (a) Repeal of Certain State Law Requirements.--Section 202 of the \nFederal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. \n3304 note) is amended--\n (1) by striking paragraphs (3), (4), (5), (6), and (7) of \n subsection (a); and\n (2) by repealing subsection (c).\n (b) Establishment of Mandatory Triggers Based on Total \nUnemployment.--\n (1) State `on' and `off' indicators.--Subsection (d) of \n section 203 of such Act is amended to read as follows:\n\n ``State `On' and `Off' Indicators\n\n ``(d) For purposes of this section--\n ``(1) There is a State `on' indicator for a week if--\n ``(A)(i) the average rate of total unemployment in \n such State (seasonally adjusted) for the period \n consisting of the most recent three months for which \n data for all States are published before the close of \n the week equals or exceeds 7.5 percent, and\n ``(ii) the average rate of total unemployment in \n such State (seasonally adjusted) for the 3-month period \n referred to in clause (i) equals or exceeds 110 percent \n of such average for either (or both) of the \n corresponding 3-month periods ending in the two \n preceding calendar years; or\n ``(B) the average rate of total unemployment for \n such State (seasonally adjusted) for the period \n consisting of the most recent 3 months for which data \n for all States are published before the close of the \n week equals or exceeds 10 percent.\n ``(2) There is a State `off' indicator for a week unless \n the requirements of subparagraph (A) or (B) of paragraph (1) \n are satisfied.''.\n (2) Determination of rates of total unemployment and \n insured unemployment.--Subsection (e) of section 203 of such \n Act is amended to read as follows:\n\n``Determination of Rates of Total Unemployment and Insured Unemployment\n\n ``(e)(1) For purposes of this Act, determinations of the rate of \ntotal unemployment in any State for any period (and of any seasonal \nadjustments) shall be made by the Secretary.\n ``(2)(A) For purposes of subsection (f)(2), the rate of insured \nunemployment for any thirteen-week period shall be determined by \nreference to the average monthly covered employment under the State law \nfor the first four of the most recent six calendar quarters ending \nbefore the close of such period.\n ``(B) For purposes of subsection (f)(2), the term `rate of insured \nunemployment' means the percentage arrived at by dividing--\n ``(i) the average weekly number of individuals filing \n claims for regular compensation for weeks of unemployment with \n respect to the specified period, as determined on the basis of \n the reports made by the State agency to the Secretary, by\n ``(ii) the average monthly covered employment for the \n specified period.\n ``(C) Determinations under subsection (f)(2) shall be made by the \nState agency in accordance with regulations prescribed by the \nSecretary.''.\n (c) Requirements for Supplemental Benefits During High Unemployment \nPeriods.--\n (1) In general.--Subparagraph (B) of section 202(b)(3) of \n such Act is amended to read as follows:\n ``(B) For purposes of subparagraph (A), the term `high unemployment \nperiod' means any period during which an extended benefit period would \nbe in effect if--\n ``(i)(I) section 203(d)(1)(A)(i) were applied by \n substituting `10 percent' for `7.5 percent'; and\n ``(II) section 203(d)(1)(B) were applied by substituting \n `12.5 percent' for `10 percent'; and\n ``(ii) section 203(f)(1)(A)(i) were applied by substituting \n `8 percent' for `6.5 percent'.''.\n (2) Technical amendment.--Subsection (b) of section 202 of \n such Act is amended by moving the text of paragraph (3)(A) of \n such subsection 2 ems to the left.\n (d) Amendments to Alternative Trigger.--Section 203(f) of such Act \nis amended--\n (1) in paragraph (1), by striking ``Effective with respect \n to compensation for weeks of employment beginning after March \n 6, 1993, the'' and inserting ``In lieu of applying the \n indicator specified in subsection (d)(1)(A), a'';\n (2) by amending paragraph (2) to read as follows:\n ``(2) A State may by law provide that, for the purpose of beginning \nor ending any extended period under this section, in addition to the \nindicators specified in subsection (d) and paragraph (1) of this \nsubsection--\n ``(A) there is a State `on' indicator for a week if the \n rate of insured unemployment under State law for the period \nconsisting of such week and the immediately preceding twelve weeks \nequals or exceeds 6 percent; and\n ``(B) there is a State `off' indicator for a week if the \n requirement set forth in subparagraph (A) is not satisfied.\nNotwithstanding the provision of any State law described in this \nparagraph, any week for which there would otherwise be a State `on' \nindicator shall continue to be such a week and shall not be determined \nto be a week for which there is a State `off' indicator.''.\n\nSEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES.\n\n Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) \nis amended--\n (1) in subparagraph (A) by amending clauses (i) and (ii) to \n read as follows:\n ``(i) be subject to subparagraphs (B) and \n (C), to the extent such amounts are not in \n excess of the sum of--\n ``(I) $20,000,000, plus\n ``(II) the amount determined by the \n Secretary of Labor to be the difference \n between the amount necessary for the \n proper and efficient administration of \n the unemployment compensation program \n for the succeeding fiscal year (taking \n into account workload and other \n appropriate factors) and \n $2,419,000,000, and\n ``(ii) be subject to subparagraph (D), to \n the extent such amounts are in excess of the \n sum of subclauses (I) and (II) of clause \n (i).'';\n (2) in subparagraph (B) by striking ``(A)(i)'' and \n inserting ``(A)(i)(II)'';\n (3) by redesignating subparagraphs (B) and (C) as \n subparagraphs (C) and (D), respectively; and\n (4) by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) The Secretary of Labor shall reserve the amount specified in \nsubparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and \n2001) to award grants to the States in fiscal years 2000, 2001, and \n2002 to assist in the implementation of alternative base periods for \ndetermining the eligibility of claimants. Such alternative base periods \nshall reduce the period of time between the end of the base period for \na claimant and the filing of a claim for compensation. The amounts \nreserved pursuant to this subparagraph shall be available to the \nSecretary of Labor for obligation through fiscal year 2002.''.\n\nSEC. 4. SOLVENCY REQUIREMENTS.\n\n Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is \namended by adding at the end the following new paragraph:\n ``(3)(A) If the Secretary of Labor finds that, as of December 31, \n2001, a State has not achieved, or made acceptable progress toward \nachieving, the solvency target established pursuant to subparagraph \n(B), then, subject to the limitation described in subparagraph (C), the \namount available under this section for transfer to such State account \nfor the succeeding fiscal year shall, in lieu of being so transferred, \nbe transferred to the States meeting the requirements of this \nsubsection. The transfers shall be made to such States based on the \nshare of funds of each such State under subsection (a)(2), except that, \nfor purposes of this subparagraph, the ratio under subsection (a)(2) \nshall be adjusted by excluding the wages attributable to the States \nfailing to meet the requirements of this subparagraph.\n ``(B)(i) For December 31, 2001, the solvency target shall be an \naverage high cost multiple of 1.0. For purposes of this subparagraph, \nthe average high cost multiple represents the number of years a State \ncould pay unemployment compensation (based on the reserve ratio of such \nState) if the State paid such compensation at a rate equivalent to the \naverage benefit cost rate such State paid in the three calendar years \nduring the preceding 20 calendar years (or, if longer, during the \nperiod consisting of the preceding three recessions as determined by \nthe National Bureau of Economic Research) that the benefit cost rates \nwere the highest. For purposes of making this determination--\n ``(I) the term `reserve ratio' means the ratio determined \n by dividing the balance in the State account at the end of the \n calendar year by the total covered wages in the State for such \n year;\n ``(II) the term `benefit cost rate' means the rate \n determined by dividing the unemployment compensation paid \n during a calendar year by the total covered wages in the State \n for such year; and\n ``(III) the ratio and rates determined under subclauses (I) \n and (II) shall exclude the wages and unemployment compensation \n paid by employers covered under section 3309 of the Internal \n Revenue Code of 1986.\n ``(ii) For December 31, 2001, acceptable progress towards achieving \nthe solvency target shall mean that a State has reduced any difference \nbetween 1.0 and the average high cost multiple of such State (if such \nmultiple is less than 1.0) that the Secretary found to exist as of \nDecember 31, 1998, by an amount equal to or exceeding 5 percent of such \ndifference.\n ``(iii) The Secretary may adjust the solvency target specified in \nclause (i), or the criteria for determining whether there is acceptable \nprogress towards achieving the solvency target specified in clause \n(ii), for States that experience significant increases in unemployment \nduring the period between December 31, 1998, and December 31, 2001. The \nSecretary shall establish objective criteria for making such \nadjustments.\n ``(iv) A State shall include, as part of the annual State plan \nrelating to the administration of grants under this title, such \ninformation as the Secretary may request relating to the manner in \nwhich the State intends to achieve the solvency target established \npursuant to this paragraph.\n ``(C) The requirements of subparagraph (A) shall apply to excess \n(referred to in subsection (a)(1)) remaining in the employment security \naccount at the close of fiscal year 2002 that are equal to or less than \n$2,900,000,000. Such requirements shall not apply to any such excess \namounts that are greater than $2,900,000,000.''.\n\nSEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.\n\n (a) General Rule.--Section 3306 of the Internal Revenue Code of \n1986 (26 U.S.C. 3306) is amended by adding at the end the following new \nsubsection:\n ``(u) Short-Time Compensation Program.--For purposes of this \nchapter, the term `short-time compensation program' means a program \nunder which--\n ``(1) the participation of an employer is voluntary;\n ``(2) an employer reduces the number of hours worked by \n employees in lieu of temporary layoffs;\n ``(3) such employees whose workweeks have been reduced by \n at least 10 percent are eligible for unemployment compensation;\n ``(4) the amount of unemployment compensation payable to \n any such employee is a pro rata portion of the unemployment \n compensation which would be payable to the employee if such \n employee were totally unemployed;\n ``(5) such employees are not required to meet the \n availability for work or work search test requirements while \n collecting short-time compensation benefits, but are required \n to be available for their normal workweek;\n ``(6) eligible employees may participate in an employer-\n sponsored training program to enhance job skills if such \n program has been approved by the State agency;\n ``(7) the State agency may require an employer to continue \n to provide health benefits, and retirement benefits under a \n defined benefit pension plan (as defined in section 414(j)) to \n any employee whose workweek is reduced pursuant to the program \n as though the workweek of such employee had not been reduced;\n ``(8) the State agency may require an employer (or an \n employers' association which is party to a collective \n bargaining agreement) to submit a written plan describing the \n manner in which the requirements of this subsection will be \n implemented and containing such other information as the \n Secretary of Labor determines is appropriate; and\n ``(9) the program meets such other requirements as the \n Secretary of Labor determines are appropriate.''.\n (b) Conforming Amendments.--\n (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 \n U.S.C. 3304(a)(4)(E)) is amended to read as follows:\n ``(E) amounts may be withdrawn for the payment of \n short-time compensation under a short-time compensation \n program (as defined under section 3306(u));''.\n (2) Paragraph (5) of section 3306(f) of such Code (26 \n U.S.C. 3306(f)(5)) is amended to read as follows:\n ``(5) amounts may be withdrawn for the payment of short-\n time compensation under a short-time compensation program (as \n defined under subsection (u)); and''.\n (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. \n 503(a)(5)) is amended by striking ``the payment of short-time \n compensation under a plan approved by the Secretary of Labor'' \n and inserting ``the payment of short-time compensation under a \n short-time compensation program (as defined in section 3306(u) \n of the Internal Revenue Code of 1986)''.\n\nSEC. 6. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \nprovisions of this Act shall take effect on the date of enactment of \nthis Act.\n (b) Extended Benefit Amendments.--\n (1) Except as provided in paragraph (2), the provisions of \n section 2 of this Act shall take effect for the weeks beginning \n on or after October 1, 2002.\n (2) Pursuant to the enactment of appropriate provisions of \n the State law, the provisions of section 2 may, with respect to \n such State, take effect for weeks which begin earlier than the \n weeks specified in paragraph (1), but not earlier than 60 days \n after the date of enactment of this Act.","summary":"Amends title IX of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.","title":"Unemployment Compensation Amendments of 1999","text_len":15782,"sum_len":1158} {"bill_id":"112_hr782","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Health Care Flexibility Act of \n2011''.\n\nSEC. 2. SEVERABILITY.\n\n If any provision of this Act, or any application of such provision \nto any person or circumstance, is held to be unconstitutional, the \nremainder of the provisions of this Act and the application of the \nprovision to any other person not similarly situated or to any other \ncircumstance shall not be affected.\n\nSEC. 3. PERMITTING STATES TO OPT OUT OF CERTAIN PROVISIONS OF PPACA.\n\n (a) In General.--A qualifying State may elect to opt out of the \napplication of any or all of the provisions of the Patient Protection \nand Affordable Care Act (Public Law 111-148) described in subsection \n(b) with respect to health insurance coverage within such State.\n (b) Provisions Described.--For purposes of this Act:\n (1) In general.--A provision of the Patient Protection and \n Affordable Care Act described in this subsection is any section \n of such Act described in paragraph (2) or any grouping of \n provisions of such Act described in a subparagraph of paragraph \n (3).\n (2) Sections relating to phsa health insurance market \n reforms and immediate reforms.--A section described in this \n paragraph is any section of subtitles A through C of title I of \n the Patient Protection and Affordable Care Act (and the \n amendments made by such section), except for sections 1253 and \n 1254.\n (3) Groupings of other ppaca provisions.--A grouping of \n provisions of the Patient Protection and Affordable Care Act is \n any of the following:\n (A) All of the sections of parts I, II, III, and V \n of subtitle D of title I of such Act (and the \n amendments made by such sections).\n (B) All of the sections of part I of subtitle E of \n title I of such Act (and the amendments made by such \n sections).\n (C) All of the sections of subtitle F of title I of \n such Act (and the amendments made by such sections).\n (D) Requirements imposed pursuant to section \n 3021(c)(2) of the Public Health Service Act (42 U.S.C. \n 300jj-51(c)(2)), as added by section 1561 of the \n Patient Protection and Affordable Care Act.\n (E) All of the sections of subtitle A of title II \n of the Patient Protection and Affordable Care Act, \n except for section 2007, and all of the sections of \n subtitle C of such title (and the amendments made by \n such sections).\n (c) Qualifying State.--\n (1) Enactment of state law.--For purposes of this section, \n the term ``qualifying State'' means a State that--\n (A) enacts a law after the date of enactment of \n this Act that--\n (i) expresses the intent of the State to \n opt out of any or all of the provisions of the \n Patient Protection and Affordable Care Act \n (Public Law 111-148) described in subsection \n (b);\n (ii) contains a list of each such \n provision; and\n (iii) expresses the intent of the State to \n continue to administer health coverage-related \n laws as in effect in the State on March 22, \n 2010, or that provides for the implementation \n of related State laws enacted after such date; \n and\n (B) provides to the Secretary of Health and Human \n Services and the Secretary of the Treasury a \n notification that such State law was enacted.\n (2) Repeal.--If a qualifying State repeals a law described \n in paragraph (1), the provisions of the Patient Protection and \n Affordable Care Act listed in such law shall apply with respect \n to such State beginning on the date of such repeal.\n (d) Preserving Existing State Law Opt Outs.--Nothing in this Act \nshall be construed as affecting any State law enacted before the date \nof the enactment of this Act relating to the State opting out of the \napplication of any provision of the Patient Protection and Affordable \nCare Act.\n (e) Regulations.--Not later than 90 days after the date of the \nenactment of this Act, the Secretary of Health and Human Services, in \nconsultation with the Secretary of the Treasury, shall promulgate \nregulations to provide for the implementation of this Act.\n (f) Effective Date.--The provisions of this section shall be \neffective and shall apply to a State as of the date of the enactment of \nthis Act, without regard to whether regulations described in subsection \n(e) have been promulgated.","summary":"State Health Care Flexibility Act of 2011 - Authorizes a state to opt out of the application of certain provisions of the Patient Protection and Affordable Care Act (PPACA) with respect to health insurance coverage within the state by: (1) enacting a law that expresses the intent of the state to opt out of any or all of such provisions, lists such provisions, and expresses the intent of the state to continue to administer health care coverage-related laws as in effect in the state on March 22, 2010, or provides for the implementation of related state laws enacted after such date. And (2) notifying the Secretary of Health and Human Services (HHS) and the Secretary of the Treasury that such a state law was enacted. Includes among PPACA provisions that may be made inapplicable within a state provisions related to health coverage, essential health benefits, health insurance exchanges, alternative health plans established by states, individual and employer health coverage requirements, interoperable protocols for enrollment in federal and state health and human service programs, and expansion of Medicaid coverage.","title":"To enable States to opt out of certain provisions of the Patient Protection and Affordable Care Act.","text_len":5070,"sum_len":1126} {"bill_id":"111_hr5980","text":"SECTION 1. SHORT TITLE.\n\n This Act shall be cited as the ``Bring Jobs Back to America: \nStrategic Manufacturing & Job Repatriation Act''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Repatriation.--The term ``repatriation'' means, with \n respect to a firm's job or facility, as the act of returning \n from a location in a foreign country to a location within the \n United States of America.\n (2) Comparative advantage.--The term ``comparative \n advantage'' means, with respect to a country's industrial base, \n an environment in which a country's private industry may \n produce a good at a lower opportunity cost than a competitor.\n (3) Technology-based planning.--The term ``technology-based \n planning'' means the process by which the Government may \n promote the acquisition and utilization of technology to excel \n at satisfying a customer need to generate a national \n competitive advantage.\n (4) Technology spatial mapping.--The term ``technology \n spatial mapping'' means identifying the full set of present and \n emerging technologies whose dimensions dictate how a technology \n may be acquired and utilized for a competitive advantage.\n\nSEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.\n\n (a) Requirement.--Not more than 180 days following enactment, the \nU.S. Secretary of Commerce shall create a comprehensive national \nmanufacturing strategy designed to increase overall domestic \nproduction, create private sector jobs, and identify emerging \ntechnologies to strengthen American competitiveness and comparative \nadvantages. The strategy shall also include:\n (1) An analysis of progress made since the release of the \n Secretary's 2004 report: ``Manufacturing in America: A \n Comprehensive Strategy to Address the Challenges to U.S. \n Manufacturers''.\n (2) Targets, established by the Secretary, for \n manufacturing sector growth, including a subset of targets for \n repatriated jobs to the United States, for fiscal years 2011, \n 2012, 2013, 2014, and 2015.\n (3) A survey of all existing Federal programs supporting \n manufacturing and recommendations on how the department or the \n Congress may better align such programs to support the \n strategy.\n (b) Requirement.--Not more than 180 days following enactment, and \nevery second year thereafter, the Secretary shall conduct a survey of \nAmerican firms:\n (1) The survey shall, at a minimum, identify--\n (A) firms which maintain manufacturing, design or \n support service facilities outside of the United \n States; and\n (B) categories of products manufactured at such \n facilities and number of jobs located at such overseas \n facilities.\n (2) The survey shall provide that any American firms \n choosing not to complete the survey will be ineligible to \n receive Federal contracts or assistance.\n (3) The Secretary shall create and maintain a database \n based on the information provided in response to the annual \n survey of American firms.\n (4) The Secretary shall report to Congress on the results \n of the annual survey, including longitudinal trends in American \n manufacturing and the repatriation of jobs.\n (c) Authorizes such sums as necessary.\n\nSEC. 4. REPATRIATION TASK FORCES.\n\n (a) Requirement.--The U.S. Secretary of Commerce shall establish \nmultiple ``Repatriation Task Forces'' to promote repatriation in \naccordance with the Secretary's established targets for job \nrepatriation and manufacturing growth. The task forces shall:\n (1) Proactively and regularly identify American firms \n interested in repatriating production or services to the United \n States.\n (2) Identify the unique needs of the firm necessary to \n facilitate the repatriation.\n (3) Identify and assist State governments to facilitate a \n mutually beneficial repatriation of the firm's facility and\/or \n jobs to the United States.\n (4) Work with any other Federal agencies on a case-by-case \n basis to provide technical assistance to the firm or the State \n necessary to facilitate the repatriation of the facility and\/or \n jobs to the United States.\n (5) Serve as a resource to State governments and act as an \n impartial advocate for all States choosing to compete for a \n firm's facility as part of its repatriation.\n (6) Educate firms and States on the National Manufacturing \n and Repatriation Strategy, the Repatriation Task Forces, and \n all Federal assistance available to firms and State and county \n economic development agencies.\n (7) Develop a computer-based program to help firms \n understand the total cost of ownership of locating facilities \n inside the United States as compared to foreign countries.\n (b) Members.--Each task force shall be comprised of, at a minimum, \nrepresentatives from the Office of the Secretary of Commerce, the \nEconomic Development Administration, the International Trade \nAdministration, the U.S. Patent and Trademark Office, National \nInstitute of Standards and Technology, and Bureau of Industry and \nSecurity.\n (c) Authorizes such sums as necessary.\n\nSEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``American Economic Security Commission'' (hereinafter in this \nAct referred to as the ``Commission'').\n (b) Duties of Commission.--\n (1) In general.--The Commission shall study and make \n recommendations on policy relating to American competitiveness, \n particularly in the manufacturing, information technology, \n energy, and biotechnology sectors of the global economy, as \n well as study ``technology-based planning'' policies to bolster \n American economic competitiveness.\n (2) Reports.--The Commission shall issue periodic reports \n on issues surrounding ``technology-based planning'', emerging \n technologies, and American economic competitiveness, \n specifically with regard to a new trade agreement and the \n enforcement of existing trade agreements, taxation, \n cybersecurity, the U.S. patent system, intellectual property \n laws and enforcement, vocational training, education, research \n and development programs, and infrastructure, and produce \n reports requested by Members of Congress or congressional \n committees.\n (3) Requirement.--The Commission shall oversee the \n development and operation of a computer-based, accurate, \n precise and detailed ``technology spatial mapping'' program. \n This tool will be used to catalogue, monitor, and anticipate \n emerging trends in technology to support the commission's \n reporting on developing American comparative advantages in a \n timely manner as new technology develops.\n (c) Membership.--The Commission shall be composed of 12 members, \nwith the majority and minority leaders of the Senate, and the Speaker \nand the minority leader of the House each selecting three \ncommissioners. The Commissioners shall serve two-year terms and may be \nreappointed twice.\n (d) Leadership of Commission.--The Commissioners shall elect a \nchairman and a vice-chairman every other year. The chair and vice-chair \nmay not have been appointed by members of the same political party.\n (e) Director and Staff of Commission.--\n (1) Director.--\n (A) In general.--Subject to paragraph (3) and to \n the extent provided in advance in appropriation Acts, \n the Commission shall appoint and fix the pay of a \n director.\n (B) Duties.--The director of the Commission shall \n be responsible for the administration and coordination \n of the duties of the Commission and shall perform other \n such duties as the Commission may direct.\n (2) Staff.--In accordance with rules agreed upon by the \n Commission, subject to paragraph (3), and to the extent \n provided in advance in appropriation Acts, the director may \n appoint and fix the pay of additional personnel.\n (3) Applicability of certain civil service laws.--The \n director and staff of the Commission may be appointed without \n regard to the provisions of title 5, United States Code, \n governing appointments in the competitive service, and may be \n paid without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of that title relating to \n classification and General Schedule pay rates, except that pay \n fixed under paragraph (1) may not exceed $150,000 per year and \n pay fixed under paragraph (2) may not exceed a rate equal to \n the daily equivalent of the annual rate of basic pay for level \n V of the Executive Schedule under section 5316 of title 5, \n United States Code.\n (4) Detailees.--Any Federal Government employee may be \n detailed to the Commission without reimbursement from the \n Commission, and such detailee shall retain the rights, status, \n and privileges of their regular employment without \n interruption.\n (5) Experts and consultants.--In accordance with rules \n agreed upon by the Commission and to the extent provided in \n advance in appropriation Acts, the director may procure the \n services of experts and consultants under section 3109(b) of \n title 5, United States Code, but at rates not to exceed the \n daily equivalent of the annual rate of basic pay for level V of \n the Executive Schedule under section 5316 of title 5, United \n States Code.\n (f) Powers of Commission.--\n (1) Hearings and evidence.--The Commission may, for the \n purpose of carrying out this Act, hold such hearings in \n addition to the town hall style public hearings, sit and act at \n such times and places, take such testimony, and receive such \n evidence as the Commission considers appropriate. The \n Commission may administer oaths or affirmations to witnesses \n appearing before it.\n (2) Powers of members and agents.--Any member or agent of \n the Commission may, if authorized by the Commission, take any \n action which the Commission is authorized to take under this \n section.\n (3) Mails.--The Commission may use the United States mails \n in the same manner and under the same conditions as other \n departments and agencies of the United States.\n (4) Administrative support services.--Upon the request of \n the Commission, the Administrator of General Services shall \n provide to the Commission, on a reimbursable basis, the \n administrative support services necessary for the Commission to \n carry out its responsibilities under this Act.\n (5) Contract authority.--To the extent provided in advance \n in appropriation Acts, the Commission may enter into contracts \n to enable the Commission to discharge its duties under this \n Act.\n (6) Gifts.--The Commission may accept, use, and dispose of \n gifts or donations of services or property.\n (g) Authorizes such sums as necessary.\n\nSEC. 6. REPATRIATION TAX INCENTIVE STUDY.\n\n (a) Requirement.--The U.S. Secretary of Commerce shall, in \nconjunction with the Commissioner of the U.S. Internal Revenue Service \nstudy the impact and feasibility of a tax incentive to encourage firms \nto repatriate jobs and report back to Congress within 180 days of \nenactment.\n (b) The study shall:\n (1) Examine the merits of a tax incentive to encourage \n repatriation that would waive all Federal taxes on the return \n of offshore, untaxed profits to a ratio of domestic jobs \n created.\n (2) Consider a ratio of $1 billion in tax relief relative \n to 14,000 jobs repatriated or created in the United States, as \n well as other ratios the Secretary and Commissioner may \n determine.\n\nSEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES.\n\n (a) Eligibility.--To amend title 42, United States Code, to include \na definition of ``repatriation'' for purposes of public works, economic \ndevelopment planning and local government demonstration programs.\n (b) Eligibility.--To amend title 15, United States Code, subsection \n7506 to include a definition of ``repatriation'' for purposes.\n\nSEC. 8. PATENT PROTECTION AND PRIORITIZATION.\n\n (a) Pre-Publication of Abstracts Only.--Section 122 of title 35, \nUnited States Code, is amended--\n (1) in subsection (b)--\n (A) in paragraph (1)--\n (i) in subparagraph (A)--\n (I) by striking ``each application \n for a patent'' and inserting ``and with \n respect to an application for a patent, \n the abstract included with such \n application''; and\n (II) by striking ``an application'' \n and inserting ``an abstract'';\n (ii) in subparagraph (B), by striking \n ``patent applications'' each place it appears \n and inserting ``abstracts included with patent \n applications''; and\n (iii) in subparagraph (C), by striking \n ``patent application'' each place it appears \n and inserting ``abstract included with a patent \n application''; and\n (B) in paragraph (2)--\n (i) in subparagraph (A), by striking ``An \n application'' and inserting ``An abstract \n included with an application'';\n (ii) in subparagraph (B)--\n (I) in clause (i), by striking \n ``the application'' and inserting ``the \n abstract included with the \n application''; and\n (II) in clause (iv), by striking \n ``the application'' and inserting ``the \n abstract included with the \n application''; and\n (iii) by striking clause (v);\n (2) by striking subsection (c);\n (3) by redesignating subsection (d) as subsection (c); and\n (4) in subsection (c), as so redesignated, by striking ``No \n application'' and inserting ``No abstract included with an \n application''.\n (b) Conforming Amendments.--\n (1) Table of contents.--The table of contents for chapter \n 11 of part 2 of title 35, United States Code, is amended in the \n item relating to section 122 by inserting before ``patent \n applications'' the following: ``abstracts included with''.\n (2) Publications.--Section 10 of title 35, United States \n Code, is amended by striking ``published applications'' and \n inserting ``published abstracts included with applications''.\n (3) Abstract definition.--Section 100 of title 35, United \n States Code, is amended by adding at the end the following new \n subsection: ``(f) The term `abstract' shall have the meaning \n given such term, by regulation, by the Director.''.\n (4) Conditions for patentability.--Section 102(e) of title \n 35, United States Code, is amended to read as follows:\n ``(e) the invention was described in--\n ``(1) a patent granted on an application for patent by \n another in an international application filed under the treaty \n defined in section 351(a); and\n ``(2) such application designated the United States and was \n published under article 21(2) of such treaty in the English \n language; or''.\n (5) Interferences.--Section 135(b) of title 35, United \n States Code, is amended to read as follows:\n ``(b) A claim which is the same as, or for the same or \nsubstantially the same subject matter as, a claim of an issued patent \nmay not be made in any application unless such a claim is made prior to \none year from the date on which the patent was granted.''.\n (6) Provisional rights.--Section 154(d)(1) of title 35, \n United States Code, is amended--\n (A) by striking ``publication of the application \n for such patent under section 122(b), or in the case \n of''; and\n (B) by striking ``the date of publication of the \n application''.\n (7) Secrecy of certain inventions.--Section 181 of title \n 35, United States Code, is amended--\n (A) by striking ``publication of an application'' \n each place it appears and inserting ``publication of an \n abstract included with an application''; and\n (B) by striking ``publication of the application'' \n each place it appears and inserting ``publication of \n the abstract included with the application''.\n (c) Prioritization for Higher Education Institutions.--Section 131 \nof title 35, United States Code, is amended--\n (1) by striking ``The Director'' and inserting the \n following: ``(a) In General.--The Director''; and\n (2) by adding at the end the following new subsection:\n ``(b) Priority of Examination for Certain Applications.--The \nDirector shall give priority to the examination of an application made \nby an applicant that is--\n ``(1) an institution of higher education, as such term is \n defined under section 101(a) of the Higher Education Act of \n 1965 (20 U.S.C. 1001(a)); or\n ``(2) a patent holding company affiliated with such an \n institution.''.\n\nSEC. 9. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect upon enactment of \nthis Act.","summary":"Bring Jobs Back to America: Strategic Manufacturing Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. Requires the Secretary to: (1) identify US firms maintaining facilities and jobs outside the United States. And (2) establish multiple Repatriation Task Forces to promote repatriation in accordance with established targets for job repatriation and manufacturing growth. Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it. Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States. Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts included with patent applications to be published 18 months after the earliest filing date of the application. Repeals certain requirements relating to: (1) submission of a redacted copy of an application. And (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent. Requires the Director of the US Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution.","title":"To amend federal law to encourage the repatriation of jobs to the United States, and for other purposes.","text_len":18927,"sum_len":1651} {"bill_id":"103_hr1501","text":"That this Act may be \ncited as the ``Handgun Control Act of 1993''.\n Section 1. The Congress hereby finds and declares--\n (a) that the estimated total number of handguns in private \n hands has more than doubled since 1978, bringing the total to \n sixty-six million;\n (b) that handguns play a major role, and a role \n disproportionate to their number in comparison with long guns, \n in the commission of homicide, aggravated assault, and armed \n robbery, and that the percentage of violent crimes in which \n handguns are used is increasing;\n (c) that more than one-half of all handguns are acquired \n secondhand and that licensing and restrictions on sale of new \n handguns will not significantly reduce handgun crime and \n handgun violence;\n (d) that with few exceptions handguns are not used for \n sporting or recreational purposes and that such purposes do not \n require keeping of handguns in private homes;\n (e) that handguns in the home are of less value than is \n commonly thought in defending against intruders and that such \n defensive purposes can be adequately accomplished by other \n means;\n (f) that violent crimes perpetrated with handguns \n constitute a burden upon and interfere with interstate and \n foreign commerce and threaten the internal security and \n domestic tranquillity of the Nation; and\n (g) that a national firearms policy which restricts the \n availability of handguns for nonlaw enforcement and nonmilitary \n purposes will significantly reduce violent crime, reduce deaths \n from handguns, and reduce other handgun violence in the United \n States.\n Sec. 2. Title 18, United States Code, is amended by inserting \nimmediately after chapter 50 thereof the following new chapter:\n\n ``CHAPTER 50A.--HANDGUNS\n\n``Sec.\n``1091. Unlawful acts.\n``1092. Licensing.\n``1093. Penalties.\n``1094. Exceptions.\n``1095. Voluntary delivery to law enforcement agency; reimbursement.\n``1096. Rules and regulations.\n``1097. Effect on State law.\n``1098. Separability clause.\n``1099. Appropriations.\n``1100. Definitions.\n``Sec. 1091. Unlawful acts\n ``(a) Except as provided in section 1094 of this chapter and in \nsubsection (b) of this section, it shall be unlawful for any person to \nimport, manufacture, sell, buy, transfer, receive, or transport any \nhandgun.\n ``(b) The Secretary may, consistent with public safety and \nnecessity, exempt from the operation of subsection (a) of this section \nsuch importation, manufacture, sale, purchase, transfer, receipt, or \ntransportation of handguns by importers, manufacturers, or dealers, \nlicensed under chapter 44 of this title, and by pistol clubs licensed \nunder this chapter, as may in his judgment be required for the \noperation of such pistol clubs or for purposes described in section \n1094 of this chapter.\n``Sec. 1092. Licensing\n ``(a) A pistol club desiring to be licensed under this chapter \nshall file an application for such license with the Secretary. The \napplication shall be in such form and contain such information as the \nSecretary shall by regulation prescribe. The fee for such license shall \nbe $25 per year.\n ``(b) Any importer, manufacturer, or dealer desiring to be licensed \nunder this chapter shall apply as provided in chapter 44 of this title.\n ``(c) Any application submitted under subsection (a) shall be \napproved if--\n ``(1) all members of the pistol club are twenty-one years \n of age or older;\n ``(2) no member of the pistol club is prohibited from \n transporting, shipping, or receiving firearms or ammunition in \n interstate or foreign commerce under section 922 (g) or (h) of \n this title or under the law of the State in which the club will \n be located or of the State in which the member is domiciled;\n ``(3) no member of the pistol club has willfully violated \n any of the provisions of this chapter or of chapter 44 of this \n title or any regulations issued thereunder;\n ``(4) the pistol club has not willfully failed to disclose \n any material information required, or has not made any false \n statement as to any material fact, in connection with his \n application; and\n ``(5) the pistol club has premises from which it operates \n and--\n ``(A) maintains possession and control of the \n handguns used by its members, and\n ``(B) has procedures and facilities for keeping \n such handguns in a secure place, under the control of \n the club's chief officer, at all times when they are \n not being used for target shooting or other sporting or \n recreational purposes.\n ``(d)(1) The Secretary must approve or deny an application for a \nlicense within the forty-five-day period beginning on the date it is \nreceived. If the Secretary fails to act within such period, the \napplicant may file an action under section 1361 of title 28 to compel \nthe Secretary to act. If the Secretary approves an applicant's \napplication, such applicant shall be issued a license upon payment of \nthe prescribed fee.\n ``(2) The Secretary may, after notice and opportunity for hearing, \nrevoke any license issued under this section if the holder of such \nlicense has violated any provision of this chapter or of chapter 44 of \nthis title or any rule or regulation prescribed by the Secretary under \nsuch chapters. The Secretary's action under this paragraph may be \nreviewed only as provided in subsection (e) of this section.\n ``(e)(1) Any person whose application for a license is denied and \nany holder of a license which is revoked shall receive a written notice \nfrom the Secretary stating specifically the grounds upon which the \napplication was denied or upon which the license was revoked. Any \nnotice of revocation of a license shall be given to the holder of such \nlicense before the effective date of the revocation.\n ``(2) If the Secretary denies an application for, or revokes, a \nlicense, he shall, upon request by the aggrieved party, promptly hold a \nhearing to review his denial or revocation. In the case of a revocation \nof a license, the Secretary shall upon the request of the holder of the \nlicense stay the effective date of the revocation. A hearing held under \nthis paragraph shall be held at a location convenient to the aggrieved \nparty.\n ``(3) If after a hearing held under paragraph (2) the Secretary \ndecides not to reverse his decision to deny an application or revoke a \nlicense, the Secretary shall give notice of his decision to the \naggrieved party. The aggrieved party may at any time within sixty days \nafter the date notice was given under this paragraph file a petition \nwith the United States District Court for the district in which he \nresides or has his principal place of business for a judicial review of \nsuch denial or revocation. In a proceeding conducted under this \nsubsection, the court may consider any evidence submitted by the \nparties to the proceeding. If the court decides that the Secretary was \nnot authorized to deny the application or to revoke the license, the \ncourt shall order the Secretary to take such action as may be necessary \nto comply with the judgment of the court.\n ``(f) Each licensed pistol club shall maintain such records of \nreceipt, sale, or other disposition, of handguns at such place, for \nsuch period, and in such form as the Secretary may by regulations \nprescribe. Such pistol clubs shall make such records available for \ninspection at all reasonable times, and shall submit to the Secretary \nsuch reports and information with respect to such records and the \ncontents thereof as he shall by regulations prescribe. The Secretary \nmay enter at reasonable times the premises (including places of \nstorage) of any pistol club for the purpose of inspecting or examining \n(1) any records of documents required to be kept by such pistol club \nunder the provisions of this chapter or chapter 44 of this title and \nregulations issued under such chapters, and (2) any handguns or \nammunition kept or stored by such pistol club at such premises. Upon \nthe request of any State or any political subdivision thereof, the \nSecretary may make available to such State or any political subdivision \nthereof any information which he may obtain by reason of the provisions \nof this chapter with respect to the identification of persons who are \nmembers of pistol clubs within such State or political subdivision \nthereof, together with a description of the handguns included in such \npistol club's license.\n ``(g) Licenses issued under the provisions of subsection (c) of \nthis section shall be kept posted and kept available for inspection on \nthe premises covered by the license.\n``Sec. 1093. Penalties\n ``(a) Whoever violates any provision of this chapter or knowingly \nmakes any false statement or representation with respect to the \ninformation required by the provisions of this chapter to be kept in \nthe records of a pistol club licensed under this chapter, or in \napplying for any license under the provisions of this chapter, shall be \nfined not more than $5,000, or imprisoned not more than five years, or \nboth, and shall become eligible for parole as the board of parole shall \ndetermine.\n ``(b) Any handgun involved or used in, or intended to be used in, \nany violation of the provisions of this chapter or chapter 44 of this \ntitle or any rule or regulation promulgated thereunder, or any \nviolation of any other criminal law of the United States, shall be \nsubject to seizure and forfeiture and all provisions of the Internal \nRevenue Code of 1954 relating to the seizure, forfeiture, and \ndisposition of firearms shall, so far as applicable, extend to seizures \nand forfeitures under the provisions of this chapter.\n``Sec. 1094. exceptions\n ``(a) The provisions of this chapter shall not apply with respect \nto the importation, manufacture, sale, purchase, transfer, receipt, or \ntransportation of any handgun which the Secretary determines is being \nimported or manufactured for, sold, or transferred to, purchased, \nreceived, or transported by, or issued for the use of, the United \nStates or any department or agency thereof or any State or any \ndepartment, agency, or political subdivision thereof.\n ``(b) The provisions of this chapter shall not apply with respect \nto the importation, manufacture, sale, purchase, transfer, receipt, or \ntransportation of a handgun which the Secretary determines is \nunserviceable, not restorable to firing condition, and intended for use \nas a curio, museum piece, or collectors' item.\n``Sec. 1095. Voluntary delivery to law enforcement agency; \n reimbursement\n ``(a) A person may at any time deliver to any Federal, State, or \nlocal law enforcement agency designated by the Secretary a handgun \nowned or possessed by such person. The Secretary shall arrange with \neach agency designated to receive handguns for the transfer, \ndestruction, or other disposition of all handguns delivered under this \nsection.\n ``(b) Upon proof of lawful acquisition and ownership by a person \ndelivering a handgun to a law enforcement agency under this section, \nthe owner of the handgun shall be entitled to receive from the United \nStates a payment equal to the fair market value of the handgun or $25, \nwhichever is more. The Secretary shall provide for the payment, \ndirectly or indirectly, through Federal, State, and local law \nenforcement agencies, of the amounts to which owners of handguns \ndelivered under this section are entitled.\n ``(c) The amounts authorized in subsection (b) of this section \nshall be paid out of the fees collected under section 1092(a) of this \nchapter to the extent that such fees are sufficient for this purpose. \nThe remainder of amounts authorized in subsection (b) of this section \nshall be paid out of general revenues.\n``Sec. 1096. Rules and regulations\n ``(a) The Secretary may prescribe such rules and regulations as he \ndeems necessary to carry out the provisions of this chapter, \nincluding--\n ``(1) regulations providing that a person licensed under \n this chapter, when dealing with another person so licensed or \n with a person licensed under chapter 44 of this title, shall \n provide such other licensed person a certified copy of his \n license; and\n ``(2) regulations providing for the issuance, at a \n reasonable cost, to a person licensed under this chapter, of \n certified copies of his license for use as provided under \n regulations issued under paragraph (1) of this subsection.\n ``(b) The Secretary shall give reasonable public notice, and afford \nto interested parties opportunity for hearing, prior to prescribing \nrules and regulations authorized by this section.\n``Sec. 1097. Effect on State law\n ``No provision of this chapter shall be construed as indicating an \nintent on the part of the Congress to occupy the field in which such \nprovision operates to the exclusion of the law of any State on the same \nsubject, unless there is a direct and positive conflict between such \nprovision and the law of the State so that the two cannot be reconciled \nor consistently stand together.\n``Sec. 1098. Separability\n ``If any provision of this chapter or the application thereof to \nany person or circumstance is held invalid, the remainder of the \nchapter and the application of such provision to other persons not \nsimilarly situated or to other circumstances shall not be affected \nthereby.\n``Sec. 1099. Appropriations\n ``There are authorized to be appropriated such sums as are \nnecessary to carry out the purposes of this chapter.\n``Sec. 1100. Definitions\n ``As used in this chapter--\n ``(1) The term `person' and the term `whoever' include any \n individual, corporation, company, association, firm, \n partnership, club, society, or joint-stock company.\n ``(2) The term `importer' means any person engaged in the \n business of importing or bringing handguns into the United \n States for purposes of sale or distribution; and the term \n `licensed importer' means any such person licensed under the \n provisions of chapter 44 of this title.\n ``(3) The term `manufacturer' means any person engaged in \n the manufacture or assembly of handguns for the purposes of \n sale or distribution; and the term `licensed manufacturer' \n means any such person licensed under the provisions of chapter \n 44 of this title.\n ``(4) The term `dealer' means (A) any person engaged in the \n business of selling handguns at wholesale or retail, (B) any \n person engaged in the business of repairing handguns or of \n making or fitting special barrels, or trigger mechanisms to \n handguns, or (C) any person who is a pawnbroker. The term \n `licensed dealer' means any dealer who is licensed under the \n provisions of chapter 44 of this title.\n ``(5) The term `collector' means any person who acquires, \n holds, or disposes of handguns as curios, or relics, as the \n Secretary shall by regulation define, and the term `licensed \n collector' means any such person licensed under the provisions \n of chapter 44 of this title.\n ``(6) The term `Secretary' or `Secretary of the Treasury' \n means the Secretary of the Treasury or his delegate.\n ``(7) The term `handgun' means any weapon--\n ``(A) designed or redesigned, or made, or remade, \n and intended to be fired while held in one hand;\n ``(B) having a barrel less than ten inches in \n length; and\n ``(C) designed or redesigned, or made or remade, to \n use the energy of an explosive to expel a projectile or \n projectiles through a smooth or rifled bore.\n ``(8) The term `pistol club' means a club organized for \n target shooting with handguns or to use handguns for sporting \n or other recreational purposes and which--\n ``(A) maintains possession and control of the \n handguns used by its members, and\n ``(B) has procedures and facilities for keeping \n such handguns in a secure place, under the control of \n the club's chief officer, at all times when they are \n not being used for target shooting, sporting, or other \n recreational purposes.\n The term `licensed pistol club' means any pistol club which is \n licensed under this chapter.''.\n Sec. 3. The enforcement and administration of the amendment made by \nthis Act shall be vested in the Secretary of the Treasury.\n Sec. 4. Nothing in this Act or the amendment made thereby shall be \nconstrued as modifying or affecting any provision of--\n (a) the National Firearms Act (chapter 53 of the Internal \n Revenue Code of 1954);\n (b) section 414 of the Mutual Security Act of 1954 (22 \n U.S.C. 1934), as amended, relating to munitions control; or\n (c) section 1715 of title 18, United States Code, relating \n to nonmailable firearms.\n Sec. 5. The provisions of this Act shall take effect one year from \nthe date of enactment.","summary":"Handgun Control Act of 1993 - Amends the Federal criminal code to make it unlawful to import, manufacture, sell, buy, transfer, receive, or transport any handgun. Authorizes the Secretary of the Treasury to exempt from such prohibition such activities involving handguns by licensed importers, manufacturers, or dealers or licensed pistol clubs as required for the operation of such clubs, for the use of Federal or State agencies, or for curio, museum, or collection purposes. Sets forth requirements for the licensing of pistol clubs. Prescribes civil and criminal penalties for violation of licensing and recordkeeping requirements. Authorizes voluntary delivery of handguns to Federal, State, or local law enforcement agencies and provides for compensation to persons who establish proof of lawful acquisition and ownership. Authorizes appropriations.","title":"Handgun Control Act of 1993","text_len":17750,"sum_len":855} {"bill_id":"109_hr1276","text":"SECTION 1. AMENDMENTS.\n\n (a) In General.--Section 8332(b) of title 5, United States Code, is \namended--\n (1) by striking ``and'' at the end of paragraph (16);\n (2) by striking the period at the end of paragraph (17) and \n inserting ``; and'';\n (3) by adding after paragraph (17) the following:\n ``(18) any period of service performed before 1977, while a \n citizen of the United States, in the employ of Air America, \n Incorporated, Air Asia Company Limited (a subsidiary of Air \n America, Incorporated), or the Pacific Division of Southern Air \n Transport, Incorporated, at a time when that corporation (or \n subsidiary) was owned or controlled by the Government of the \n United States and operated or managed by the Central \n Intelligence Agency.''; and\n (4) by adding at the end the following: ``For purposes of \n this subchapter, service of the type described in paragraph \n (18) of this subsection shall be considered to have been \n service as an employee, and the Office of Personnel Management \n shall accept the certification of the Director of Central \n Intelligence or his designee concerning any such service.''.\n (b) Exemption From Deposit Requirement.--Section 8334(g) of title \n5, United States Code, is amended--\n (1 by striking ``or'' at the end of paragraph (5);\n (2) by striking the period at the end of paragraph (6) and \n inserting ``; or''; and\n (3) by adding after paragraph (6) the following:\n ``(7) any service for which credit is allowed under section \n 8332(b)(18) of this title.''.\n\nSEC. 2. APPLICABILITY.\n\n (a) In General.--Except as otherwise provided in this section, the \namendments made by this Act shall apply with respect to annuities \ncommencing on or after the effective date of this Act.\n (b) Provisions Relating to Current Annuitants.--Any individual who \nis entitled to an annuity for the month in which this Act becomes \neffective may, upon application submitted to the Office of Personnel \nManagement within 2 years after the effective date of this Act, have \nthe amount of such annuity recomputed as if the amendments made by this \nAct had been in effect throughout all periods of service on the basis \nof which such annuity is or may be based. Any such recomputation shall \nbe effective as of the commencement date of the annuity, and any \nadditional amounts becoming payable for periods before the first month \nfor which the recomputation is reflected in the individual's regular \nmonthly annuity payments shall be payable to such individual in the \nform of a lump-sum payment.\n (c) Provisions Relating to Individuals Eligible for (but not \nCurrently Receiving) an Annuity.--\n (1) In general.--Any individual (not described in \n subsection (b)) who becomes eligible for an annuity or for an \n increased annuity as a result of the enactment of this Act may \n elect to have such individual's rights under subchapter III of \n chapter 83 of title 5, United States Code, determined as if the \n amendments made by this Act had been in effect, throughout all \n periods of service on the basis of which such annuity is or \n would be based, by submitting an appropriate application to the \n Office of Personnel Management within 2 years after--\n (A) the effective date of this Act; or\n (B) if later, the date on which such individual \n separates from service.\n (2) Commencement date, etc.--\n (A) In general.--Any entitlement to an annuity or \n to an increased annuity resulting from an application \n under paragraph (1) shall be effective as of the \n commencement date of such annuity (subject to \n subparagraph (B), if applicable), and any amounts \n becoming payable for periods before the first month for \n which regular monthly annuity payments begin to be made \n in accordance with the amendments made by this Act \n shall be payable to such individual in the form of a \n lump-sum payment.\n (B) Retroactivity.--Any determination of the \n amount, or of the commencement date, of any annuity, \n all the requirements for entitlement to which \n (including separation, but disregarding any application \n requirement) would have been satisfied before the \n effective date of this Act if this Act had then been in \n effect (but would not then otherwise have been \n satisfied absent this Act) shall be made as if \n application for such annuity had been submitted as of \n the earliest date that would have been allowable, after \n such individual's separation from service, if such \n amendments had been in effect throughout the periods of \n service referred to in the first sentence of paragraph \n (1).\n (d) Right to File on Behalf of a Decedent.--The regulations under \nsection 4(a) shall include provisions, consistent with the order of \nprecedence set forth in section 8342(c) of title 5, United States Code, \nunder which a survivor of an individual who performed service described \nin section 8332(b)(18) of such title (as amended by section 1) shall be \nallowed to submit an application on behalf of and to receive any lump-\nsum payment that would otherwise have been payable to the decedent \nunder subsection (b) or (c). Such an application shall not be valid \nunless it is filed within 2 years after the effective date of this Act \nor 1 year after the date of the decedent's death, whichever is later.\n\nSEC. 3. FUNDING.\n\n (a) Lump-Sum Payments.--Any lump-sum payments under section 2 shall \nbe payable out of the Civil Service Retirement and Disability Fund.\n (b) Unfunded Liability.--Any increase in the unfunded liability of \nthe Civil Service Retirement System attributable to the enactment of \nthis Act shall be financed in accordance with section 8348(f) of title \n5, United States Code.\n\nSEC. 4. REGULATIONS AND SPECIAL RULE.\n\n (a) In General.--Except as provided in subsection (b), the Director \nof the Office of Personnel Management, in consultation with the \nDirector of Central Intelligence, shall prescribe any regulations \nnecessary to carry out this Act. Such regulations shall include \nprovisions under which rules similar to those established pursuant to \nsection 201 of the Federal Employees' Retirement System Act of 1986 \nshall be applied with respect to any service described in section \n8332(b)(18) of title 5, United States Code (as amended by section 1) \nthat was subject to title II of the Social Security Act.\n (b) Other Regulations.--The Director of Central Intelligence, in \nconsultation with the Director of the Office of Personnel Management, \nshall prescribe any regulations which may become necessary, with \nrespect to any retirement system administered by the Director of \nCentral Intelligence, as a result of the enactment of this Act.\n (c) Special Rule.--For purposes of any application for any benefit \nwhich is computed or recomputed taking into account any service \ndescribed in section 8332(b)(18) of title 5, United States Code (as \namended by section 1), section 8345(i)(2) of such title shall be \napplied by deeming the reference to the date of the ``other event which \ngives rise to title to the benefit'' to refer to the effective date of \nthis Act, if later than the date of the event that would otherwise \napply.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the terms ``unfunded liability'', ``survivor'', and \n ``survivor annuitant'' have the meanings given to them by \n section 8331 of title 5, United States Code; and\n (2) the term ``annuity'', as used in subsections (b) and \n (c) of section 2, includes a survivor annuity.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act shall take effect on the first day of the first fiscal \nyear beginning after the date of the enactment of this Act.","summary":"Makes creditable for civil service retirement purposes pre-1977 service performed by a US citizen with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the US Government and operated or managed by the Central Intelligence Agency (CIA).","title":"To amend title 5, United States Code, to make creditable for civil service retirement purposes certain periods of service performed with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the Government of the United States and operated or managed by the Central Intelligence Agency.","text_len":8355,"sum_len":353} {"bill_id":"112_hr3667","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Primary Care Workforce Access \nImprovement Act of 2011''.\n\nSEC. 2. MEDICARE PRIMARY CARE GRADUATE MEDICAL EDUCATION PILOT PROJECT.\n\n (a) Establishment.--The Secretary of Health and Human Services (in \nthis section referred to as the ``Secretary'') shall conduct a pilot \nproject under the Medicare program under title XVIII of the Social \nSecurity Act, in accordance with the provisions of this section, to \ntest models for providing payment under such title for direct graduate \nmedical education and indirect medical education to medical education \nentities, which entities are not otherwise eligible to receive such \npayments under the Medicare program, for the costs of training primary \ncare residents.\n (b) Duration.--The Secretary shall conduct the pilot project under \nthis section over a 5-year period, which shall begin not later than 180 \ndays after the date of the enactment of this Act.\n (c) Models.--\n (1) Required models.--Under the pilot project, the \n Secretary shall test two of each of the following models:\n (A) A model in which the medical education entity \n receiving funds under the pilot project is a community-\n based independent corporate entity collaborating with \n two or more hospitals to operate one or more primary \n care graduate medical residency training programs.\n (B) A model in which--\n (i) the medical education entity receiving \n funds under the pilot project is established by \n two or more hospitals to operate one or more \n primary care graduate medical residency \n training programs; and\n (ii) such hospitals may be the sole \n corporate members of the entity but the \n governing board of the entity shall include at \n least one community representative.\n (C) A model in which the medical education entity \n receiving funds under the pilot project is a hospital \n subsidiary or independent corporation that operates one \n or more primary care graduate medical residency \n training programs for a hospital with community \n participation in the governance of the subsidiary or \n corporation.\n (D) A model in which--\n (i) the medical education entity receiving \n funds under the pilot project is independent of \n any hospital but collaborates with a hospital \n in operating one or more primary care graduate \n medical residency training programs; and\n (ii) the medical education entity may \n include a university or school of medicine.\n (2) Additional models.--Under the pilot project, the \n Secretary may test models of medical education entities in \n addition to those described in paragraph (1).\n (d) Prioritization.--Under the pilot project, the Secretary of \nHealth and Human Services may give priority to testing models that \ndemonstrate the capability of improving the quality, quantity, and \ndistribution of primary care physicians, including the ability to \nenhance primary care delivery in rural and underserved areas.\n (e) Payments.--\n (1) Payments to medical education entities.--Under the \n pilot project, the Secretary shall establish a process under \n which payments are made to each medical education entity \n participating under such project for direct graduate medical \n education and indirect medical education costs with respect to \n primary care residents enrolled under a primary care graduate \n medical residency training program operated pursuant to a model \n of such entity under subsection (c) instead of any payment or \n adjustment that would otherwise be made to a participant \n hospital (as defined in subsection (m)) of such entity for \n indirect and direct graduate medical education costs under \n subsections (d)(5)(B) and (h) of section 1886 of the Social \n Security Act (42 U.S.C. 1395ww) during the period of \n participation of such entity in such project.\n (2) Calculation of payments.--Payments to a medical \n education entity under the pilot project, with respect to a \n primary care graduate medical education residency program, for \n a cost reporting period during which the entity is \n participating in such pilot shall be, based on the most \n recently available data with respect to a previous cost \n reporting period, equal to the sum of the following:\n (A) Direct gme.--The amount that, out of all of the \n payment amounts (determined on a per resident basis) \n received by hospitals under section 1886(h) of the \n Social Security Act (42 U.S.C. 1395ww(h)) for such \n previous cost reporting period, is equal to the 95th \n percentile of such payment amounts.\n (B) Indirect gme.--The amount that, out of all of \n the additional payment amounts (determined on a per \n resident basis) received by hospitals under section \n 1886(d)(5)(B) of the Social Security Act (42 U.S.C. \n 1395ww(d)(5)(B)) for such previous cost reporting \n period, is equal to the 95th percentile of such payment \n amounts.\n (3) Additional payments for programs serving underserved \n areas.--Payments in addition to the payments described in \n paragraph (2) may be made under the pilot project for primary \n care graduate medical residency training programs that--\n (A) operate in sites and areas that are underserved \n by primary care physicians; or\n (B) change their training sites to include those \n areas.\n (4) Payments from medicare trust funds.--In providing for \n such payments under this subsection to medical education \n entities, the Secretary shall provide for an allocation of such \n payments between part A and part B (and the Federal Hospital \n Insurance Trust Fund under section 1817 of the Social Security \n Act (42 U.S.C. 1395i) and the Federal Supplementary Medical \n Insurance Trust Fund under section 1841 of such Act (42 U.S.C. \n 1395t)) in the same manner as the Secretary provides for an \n allocation of payments under subsections (d)(5)(B) and (h), \n respectively, of section 1886 of such Act (42 U.S.C. 1395ww).\n (f) Uses of Payments.--\n (1) In general.--A medical education entity receiving \n payments under the pilot project shall use such payments for \n the training of primary care residents, including training \n activities in appropriate inpatient and outpatient settings in \n primary care graduate medical residency training programs \n accredited by the Accreditation Council for Graduate Medical \n Education or the American Osteopathic Association and for all \n relevant topics including patient care, care management, \n working in teams, supervision, and quality improvement.\n (2) Limitations.--Payments shall only be made for training \n primary care residents up to the initial board certification of \n such residents, except that with respect to training in \n geriatric medicine, payments may also be made for a fellowship \n after initial board certification.\n (g) Expansion During Pilot Project.--A medical education entity \nreceiving funds under the pilot project, with respect to a primary care \ngraduate medical residency training program, shall be allowed to \nincrease by up to 50 percent the number of full-time equivalent primary \ncare residents enrolled in the such program (determined in accordance \nwith the process under subsection (d)(2)(A)(ii)) during the duration of \nthe participation of such entity in such project.\n (h) Treatment After Project.--\n (1) In general.--Subject to paragraphs (2) and (3), after \n the last day of the pilot project, which may be extended at the \n discretion of the Secretary, any participant hospital of a \n medical education entity under the pilot project, shall receive \n payments under subsection (d)(5)(B) and (h) of section 1886 of \n the Social Security Act (42 U.S.C. 1395ww) in the same manner \n and to the same extent such hospital would receive such \n payments without application of this Act and such payments \n shall be calculated based on the number of full-time equivalent \n residents enrolled in such program without regard to any \n increase made pursuant to subsection (g).\n (2) Exception to ensure residents enrolled during pilot are \n able to complete training.--Subject to paragraph (3), a medical \n education entity receiving funds under the pilot project, with \n respect to a primary care graduate medical residency training \n program, shall continue to receive funding under this section \n (even after the last day of the project), with respect to each \n primary care resident who is enrolled under such program while \n the entity is participating in such project, to the extent and \n in such amounts necessary to allow for the full duration of \n training, subject to subsection (f)(2), of such primary care \n resident. Any such payments made pursuant to this subparagraph \n shall be deemed to be a payment made under the pilot project.\n (3) Limitation.--In no case may the total duration of the \n pilot project exceed seven years and in no case may payments be \n made under this section to a medical education entity for a \n period exceeding seven years.\n (i) Budget Neutrality.--For each year that the pilot project under \nthis section is being conducted (and for any subsequent year to the \nextent subsection (h)(2) applies), the Secretary shall reduce payments \nunder subsections (d)(5)(B) and (h) of section 1886 of the Social \nSecurity Act (42 U.S.C. 1395ww) by such amount as the Secretary \ndetermines to be necessary to ensure that carrying out the pilot \nproject under this section during such year does not result in \nexpenditures under title XVIII of the Social Security Act for such year \nthat exceed the amount of such expenditures that would have been made \nfor such year without application of this section.\n (j) Waiver Authority.--The Secretary may waive such requirements of \ntitles XI and XVIII of the Social Security Act as may be necessary to \ncarry out the purpose of the pilot project under this section.\n (k) Report to Congress.--The Secretary is authorized to enter into \nan agreement with the Institute of Medicine to conduct a study on the \nresults of the pilot project. Such agreement shall provide for the \nInstitute of Medicine to submit, not later than 1 year after the \ncompletion of the pilot project under this section (or, if sooner, \nJanuary 1, 2019), to Congress a report on the results of such study, \nincluding--\n (1) a detailed analysis of the effects of the pilot, \n including the quality, quantity, and distribution of primary \n care physicians during and after the pilot project compared to \n the quality, quantity, and distribution of such physicians \n before the pilot project; and the governance, administration \n and financial strength of the medical educational entities that \n participated in the pilot project;\n (2) recommendations on the extent to which the pilot \n project should be expanded to all primary care residents; and\n (3) recommendations for such legislation and administrative \n actions as needed.\n (l) Expansion.--If the Secretary determines that any of the models \ntested under the pilot project under this section enhance the quality, \nquantity, and distribution of primary care physicians for Medicare \nbeneficiaries, the Secretary may initiate comparable primary care \ntraining projects.\n (m) Definitions.--For purposes of this section:\n (1) Direct graduate medical education costs; indirect \n graduate medical education costs.--The terms ``direct graduate \n medical education costs'' and ``indirect graduate medical \n education'' have the meanings given such terms for purposes of \n subsections (h) and (d)(5)(B), respectively, of section 1886 of \n the Social Security Act (42 U.S.C. 1395ww).\n (2) Medical education entity.--The term ``medical education \n entity'' means a corporate, nonprofit, or academic entity that \n has as its principal mission the education and training of \n primary care residents.\n (3) Medicare beneficiary.--The term ``Medicare \n beneficiary'' means an individual entitled to benefits under \n part A of title XVIII of the Social Security Act or enrolled \n under part B of such title.\n (4) Participant hospital.--The term ``participant \n hospital'' means, with respect to a medical education entity, \n any hospital that establishes, is collaborating with, a \n component of, or otherwise associated with, such entity to \n operate a primary care graduate medical residency training \n program under a model described in subsection (c).\n (5) Primary care graduate medical residency training \n program.--The term ``primary care graduate medical residency \n training program'' means an approved medical residency training \n program (as defined in section 1886(h)(5)(A) of the Social \n Security Act (42 U.S.C. 1395ww(h)(5)(A))) for training primary \n care residents.\n (6) Primary care resident.--The term ``primary care \n resident'' means a resident enrolled in an approved medical \n residency training program in family medicine, general internal \n medicine, general pediatrics, or geriatric medicine.","summary":"Primary Care Workforce Access Improvement Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to conduct a pilot project under title XVIII (Medicare) of the Social Security Act to test models for providing payment for direct graduate medical education (GME) and indirect medical education (IME) to medical education entities (MEEs), not otherwise eligible to receive such payments, for the costs of training primary care residents. Requires testing of two of the following model MEEs: (1) a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs. (2) a MEE, with at least one community representative on its board, which is established by two or more training hospitals which may be the sole corporate members of the MEE. (3) a hospital subsidiary or independent corporation, with community participation in its governance, that operates one or more training programs for a hospital. Or (4) a MEE independent of any hospital but collaborating with one in operating one or more primary care graduate medical residency training programs.","title":"To provide for a Medicare primary care graduate medical education pilot project in order to improve access to the primary care workforce.","text_len":14655,"sum_len":1166} {"bill_id":"114_s3473","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Death Gratuity Equity Act of 2016''.\n\nSEC. 2. INCREASING THE DEATH GRATUITY FOR A FEDERAL CIVILIAN EMPLOYEE \n KILLED IN THE LINE OF DUTY.\n\n (a) Amendment to Title 5.--Subchapter VII of chapter 55 of title 5, \nUnited States Code, is amended by adding at the end the following:\n``Sec. 5571. Certain employee death gratuities payable by reason of \n death of a Federal civilian employee resulting from an \n injury sustained in the line of duty\n ``(a) Definitions.--In this section--\n ``(1) the term `child'--\n ``(A) includes--\n ``(i) a natural child; and\n ``(ii) an adopted child; and\n ``(B) does not include a stepchild who has not been \n adopted by the applicable civilian employee; and\n ``(2) the term `civilian employee' means an individual who \n the Secretary of Labor has determined is an employee, as \n defined in section 8101(1).\n ``(b) Death Gratuity Authorized.--\n ``(1) In general.--Notwithstanding section 8116, and in \n addition to any payment made under subchapter I of chapter 81, \n the head of an agency shall pay from appropriations made \n available for salaries and expenses of that agency a death \n gratuity for the death of a civilian employee of that agency \n occurring on or after the date of enactment of this section if \n the death of the civilian employee--\n ``(A) resulted from an injury sustained in the line \n of duty; and\n ``(B) did not result from--\n ``(i) natural causes; or\n ``(ii) serious and willful misconduct by \n the civilian employee.\n ``(2) Payment.--A death gratuity paid under paragraph (1) \n shall be--\n ``(A) in the amount described in subsection (c); \n and\n ``(B) paid to a person described in subsection (d).\n ``(c) Amounts Available.--\n ``(1) In general.--Except as provided in paragraph (2), the \n amount of a death gratuity paid under this section shall be--\n ``(A) $100,000 per civilian employee; and\n ``(B) adjusted annually on March 1 of each year by \n the amount determined by the Secretary of Labor to \n represent the percentage difference between the \n Consumer Price Index (all items; United States city \n average) published for December of the preceding year \n and that price index published for the December of the \n year before the preceding year, adjusted to the nearest \n \\1\/10\\ of 1 percent.\n ``(2) Local compensation plan.--The amount of a death \n gratuity paid in relation to the death of a civilian employee \n compensated under a local compensation plan established under \n section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968) \n shall be determined by regulations promulgated by the Secretary \n of State.\n ``(d) Execution of Payment.--\n ``(1) Establishment of claim.--Upon the establishment of a \n valid claim for a death gratuity under this section, payment \n shall be made--\n ``(A) to a person who--\n ``(i) survives a civilian employee on the \n date of the death of the civilian employee; and\n ``(ii) is alive on the date that title to \n the payment arises; and\n ``(B) in the order of precedence established under \n paragraph (2).\n ``(2) Order of payment.--The order of precedence \n established under this paragraph is as follows:\n ``(A)(i) To a beneficiary designated by the \n civilian employee in a signed and witnessed writing \n that--\n ``(I) is received by the agency employing \n the civilian employee before the date of the \n death of the civilian employee; and\n ``(II) specifies that the beneficiary shall \n receive an amount payable under this section.\n ``(ii) A will or other document that is not \n executed and filed as described in clause (i) shall not \n constitute a writing under clause (i) and such a will \n or other document shall have no force or effect.\n ``(B) If there is no beneficiary designated under \n subparagraph (A), to the surviving spouse of the \n civilian employee.\n ``(C) If subparagraphs (A) and (B) do not apply, \n to--\n ``(i) the child or children of the civilian \n employee; and\n ``(ii) any descendants of a deceased child \n or children of the civilian employee by \n representation.\n ``(D) If subparagraphs (A), (B), and (C) do not \n apply, to the surviving parent or parents of the \n civilian employee.\n ``(E) If subparagraphs (A) through (D) do not \n apply, to the duly appointed executor or administrator \n of the estate of the civilian employee.\n ``(F) If subparagraphs (A) through (E) do not \n apply, to the person entitled to the payment under the \n laws of the domicile of the civilian employee on the \n date of the death of the civilian employee.\n ``(e) Payment Not Gross Income.--A payment under this section shall \nnot be considered gross income of a person described in subsection \n(d)(2) under section 61 of the Internal Revenue Code of 1986.''.\n (b) Amendments to Title 49.--Section 40122(g)(2) of title 49, \nUnited States Code, is amended--\n (1) by redesignating subparagraphs (C) through (J) as \n subparagraphs (D) through (K), respectively; and\n (2) by inserting after subparagraph (B) the following:\n ``(C) section 5571, relating to a death gratuity \n resulting from an injury sustained in the line of \n duty;''.\n (c) Technical and Conforming Amendments.--Chapter 55 of title 5, \nUnited States Code, is amended--\n (1) in the heading for subchapter VII, by striking \n ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS FOR \n DISABILITY OR DEATH''; and\n (2) in the table of sections--\n (A) by striking the item relating to subchapter VII \n and inserting the following:\n\n ``subchapter vii--payments to missing persons and payments for \n disability or death'';\n\n and\n (B) by inserting after the item relating to section \n 5570 the following:\n\n``5571. Certain employee death gratuities payable by reason of death of \n a Federal civilian employee resulting from \n an injury sustained in the line of duty.''.\n\nSEC. 3. REPEAL OF 1996 DEATH GRATUITY PAYMENT AUTHORITY.\n\n Section 651 of the Treasury, Postal Service, and General Government \nAppropriations Act, 1997 (5 U.S.C. 8133 note; Public Law 104-208) is \nrepealed.\n\nSEC. 4. FUNERAL AND BURIAL EXPENSES.\n\n (a) In General.--Section 8134 of title 5, United States Code, is \namended by striking subsection (a) and inserting the following:\n ``(a)(1) For deaths occurring on or after the date of enactment of \nthe Death Gratuity Equity Act of 2016, if death results from an injury \nsustained in the performance of duty, the United States shall pay, to \nthe personal representative of the deceased or otherwise, funeral and \nburial expenses not to exceed $8,800, in the discretion of the \nSecretary of Labor.\n ``(2) The maximum payment permitted under paragraph (1) shall be \nadjusted annually on March 1 of each year in accordance with the \nadjustment described in section 8146a.''.\n (b) Applicability.--Section 8134(a) of title 5, United States Code, \nas in effect on the day before the date of enactment of this Act, shall \napply to a death occurring before the date of enactment of this Act \nwithout regard to whether payment is made before, on, or after the date \nof enactment of this Act.\n\nSEC. 5. FEDERAL EMPLOYEES' COMPENSATION ACT DEATH GRATUITY.\n\n (a) In General.--Section 8102a of title 5, United States Code, is \namended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) Death Gratuity Authorized.--\n ``(1) In general.--\n ``(A) Payment.--Except as provided in paragraph \n (2), for deaths occurring on or after the date of \n enactment of the Death Gratuity Equity Act of 2016, the \n United States shall pay a death gratuity of $100,000 to \n or for the eligible survivor under subsection (d) \n immediately upon receiving official notification of the \n death of an employee who dies of injuries incurred in \n connection with the service of that employee with an \n Armed Force in a contingency operation.\n ``(B) Adjustment.--The amount under subparagraph \n (A) shall be adjusted annually on March 1 of each year \n by the amount determined by the Secretary of Labor to \n represent the percentage difference between the \n Consumer Price Index (all items; United States city \n average) published for December of the preceding year \n and that price index published for the December of the \n year before the preceding year, adjusted to the nearest \n \\1\/10\\ of 1 percent.\n ``(C) No reduction.--The death gratuity payable \n under subparagraph (A) shall not be reduced by the \n amount of any other death gratuity provided under any \n other law of the United States that is based on the \n same death.\n ``(2) Compensation for noncitizens and nonresidents.--For \n claims arising under section 8137, the amount of the death \n gratuity shall be subject to that section and the regulations \n promulgated under that section.'';\n (2) by striking subsection (c);\n (3) by redesignating subsections (d) and (e) as subsections \n (c) and (d), respectively; and\n (4) in subsection (c), as so redesignated, by adding at the \n end the following:\n ``(7) If there are no eligible survivors, as described in \n paragraphs (1) through (6), and the employee has not designated \n another person to receive an amount payable under this section, \n that amount shall be paid to the personal representative of the \n estate of the employee.''.\n (b) Applicability.--Section 8102a of title 5, United States Code, \nas in effect on the day before the date of enactment of this Act, shall \napply to a death occurring before the date of enactment of this Act \nwithout regard to whether payment is made before, on, or after the date \nof enactment of this Act.\n\nSEC. 6. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE PERFORMANCE OF DUTY \n ABROAD.\n\n Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is \namended--\n (1) in subsection (a)--\n (A) in the first sentence, by striking \n ``dependents'' and inserting ``beneficiary''; and\n (B) in the second sentence, by inserting ``, except \n as provided in subsection (e)'' after ``payable from \n any source'';\n (2) by amending subsection (b) to read as follows:\n ``(b) Executive Agencies.--The head of an executive agency shall, \npursuant to guidance issued under subsection (c), make a death gratuity \npayment authorized by this section to the surviving beneficiary of--\n ``(1) any employee of that agency who dies as a result of \n injuries sustained in the performance of duty abroad while \n subject to the authority of the chief of mission pursuant to \n section 207; or\n ``(2) an individual in a special category serving in an \n uncompensated capacity for that agency abroad in support of a \n diplomatic mission, as identified in guidance issued under \n subsection (c), who dies as a result of injuries sustained in \n the performance of duty abroad.'';\n (3) by amending subsection (d) to read as follows:\n ``(d) Eligibility Under Chapter 81 of Title 5, United States \nCode.--A death gratuity payment may be made under this section only if \nthe death is determined by the Secretary of Labor to have resulted from \nan injury (excluding a disease proximately caused by the employment) \nsustained in the performance of duty under section 8102 of title 5, \nUnited States Code.'';\n (4) by redesignating subsection (e) as subsection (g);\n (5) by inserting after subsection (d) the following:\n ``(e) Offset.--For deaths occurring on or after the date of \nenactment of this subsection, the death gratuity payable under this \nsection shall be reduced by the amount of any death gratuity provided \nunder section 5571 of title 5, United States Code, based on the same \ndeath.\n ``(f) Tax Treatment.--A payment under this section shall not be \nconsidered gross income of a surviving beneficiary under section 61 of \nthe Internal Revenue Code of 1986.''; and\n (6) in subsection (g), as so redesignated, by amending \n paragraph (2) to read as follows:\n ``(2) the term `surviving beneficiary' means the person \n identified under the order of precedence established under \n section 5571(d)(2) of title 5, United States Code.''.\n\nSEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION IN THE EVENT OF THE \n INABILITY OF AN AGENCY TO MEET THE REQUIREMENTS OF THIS \n ACT.\n\n (a) In General.--If the head of an agency (as defined in section \n5561 of title 5, United States Code) determines, with the concurrence \nof the Director of the Office of Management and Budget, that a natural \ndisaster, act of terrorism, or other incident results in the inability \nof the agency to meet the requirements of this Act and the amendments \nmade by this Act, additional amounts are authorized to be appropriated \nto make additional payments--\n (1) under--\n (A) section 5571(b) of title 5, United States Code, \n as added by section 2(a);\n (B) section 8102a of title 5, United States Code, \n as amended by section 5; and\n (C) section 413 of the Foreign Service Act of 1980 \n (22 U.S.C. 3973), as amended by section 6; and\n (2) that would exceed the amount available to the agency \n without the additional appropriations.\n (b) Additional Payments.--A payment authorized under subsection (a) \nmay be made only if additional appropriations are provided for a \npurpose described in that subsection.\n (c) Congressional Vote.--It is the sense of Congress that Congress \nshould vote on a request for additional appropriations under this \nsection not later than 30 days after the date of submission of such a \nrequest to Congress.","summary":"Death Gratuity Equity Act of 2016 This bill requires federal agencies to pay a death gratuity of $100,000 per employee for the death of civilian employees resulting from injuries sustained in the line of duty that did not result from natural causes or the employee's serious and willful misconduct. The bill also allows an additional payment of up to $8,800 for funeral and burial expenses. The amounts must be adjusted annually for inflation. For tax purposes, a death gratuity payment shall not be considered gross income to the person receiving payment. The death gratuity remains at $100,000 for an employee who dies of injuries incurred in connection with service with an Armed Force in a contingency operation, except that employees who are noncitizens and nonresidents of the United States or Canada, and their dependents, are subject to the Department of Labor's authority to modify payments that are substantially disproportionate to compensation for disability or death payable in similar cases under local laws or customs at the place outside the continental United States or Canada where the employee is working at the time of injury. The bill also allows such death gratuities in connection with such Armed Force service to be paid in addition to any other amounts paid under US law based on the same death. The Foreign Service Act of 1980 is amended to make death gratuities payable to the surviving beneficiaries of US Foreign Service employees, or individuals in a special category serving in an uncompensated capacity for that agency in support of a diplomatic mission, who die as a result of injuries sustained in the performance of duty abroad. But the Foreign Service death gratuity is reduced by the amount of any federal civilian employee death gratuity paid under this bill for the same death. Additional amounts are authorized to be appropriated for death gratuity payments under this bill if an agency and the Office of Management and Budget determine that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet these death gratuity payment requirements. An authorized payment that exceeds the amount available to the agency without additional appropriations may be made only if Congress makes the additional appropriations for that purpose.","title":"Death Gratuity Equity Act of 2016","text_len":15949,"sum_len":2314} {"bill_id":"111_hr3901","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homebuyer Tax Credit Improvement Act \nof 2009''.\n\nSEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME \n HOMEBUYER TAX CREDIT.\n\n (a) Age Limitation.--\n (1) In general.--Subsection (b) of section 36 of the \n Internal Revenue Code of 1986 is amended by adding at the end \n the following new paragraph:\n ``(3) Age limitation.--No credit shall be allowed under \n subsection (a) with respect to the purchase of any residence \n unless the taxpayer has attained age 18 as of the date of such \n purchase. In the case of any taxpayer who is married (within \n the meaning of section 7703), the taxpayer shall be treated as \n meeting the age requirement of the preceding sentence if the \n taxpayer or the taxpayer's spouse meets such age \n requirement.''.\n (2) Conforming amendment.--Subsection (g) of section 36 of \n such Code is amended by striking ``subsections (c) and \n (f)(4)(D)'' and inserting ``subsection (b)(3), (c), and \n (f)(4)(D)''.\n (b) Documentation Requirement.--Subsection (d) of section 36 of \nsuch Code is amended by striking ``or'' at the end of paragraph (1), by \nstriking the period at the end of paragraph (2) and inserting ``, or'', \nand by adding at the end the following new paragraph:\n ``(3) the taxpayer fails to attach to the return of tax for \n such taxable year a properly executed copy of the settlement \n statement used to complete such purchase.''.\n (c) Restriction on Married Individual Acquiring Residence From \nFamily of Spouse.--Clause (i) of section 36(c)(3)(A) of such Code is \namended by inserting ``(or, if married, such individual's spouse)'' \nafter ``person acquiring such property''.\n (d) Certain Errors With Respect to the First-Time Homebuyer Tax \nCredit Treated as Mathematical or Clerical Errors.--Paragraph (2) of \nsection 6213(g) of such Code is amended by striking ``and'' at the end \nof subparagraph (M), by striking the period at the end of subparagraph \n(N) and inserting ``, and'', and by inserting after subparagraph (N) \nthe following new subparagraph:\n ``(O) an entry on a return claiming the credit \n under section 36 if--\n ``(i) the Secretary obtains information \n from the person issuing the TIN of the taxpayer \n that indicates that the taxpayer does not meet \n the age requirement of section 36(b)(3),\n ``(ii) information provided to the \n Secretary by the taxpayer on an income tax \n return for at least one of the 2 preceding \n taxable years is inconsistent with eligibility \n for such credit, or\n ``(iii) the taxpayer fails to attach to the \n return the form described in section \n 36(d)(3).''.\n (e) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n purchases after the date of the enactment of this Act.\n (2) Documentation requirement.--The amendments made by \n subsection (b) shall apply to returns for taxable years ending \n after the date of the enactment of this Act.\n (3) Treatment as mathematical and clerical errors.--The \n amendments made by subsection (d) shall apply to returns for \n taxable years ending on or after April 9, 2008.\n\nSEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS \n ELECTRONICALLY.\n\n (a) In General.--Subsection (e) of section 6011 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(3) Special rule for tax return preparers.--\n ``(A) In general.--The Secretary shall require than \n any individual income tax return prepared by a tax \n return preparer be filed on magnetic media if--\n ``(i) such return is filed by such tax \n return preparer, and\n ``(ii) such tax return preparer is a \n specified tax return preparer for the calendar \n year during which such return is filed.\n ``(B) Specified tax return preparer.--For purposes \n of this paragraph, the term `specified tax return \n preparer' means, with respect to any calendar year, any \n tax return preparer unless such preparer reasonably \n expects to file 100 or fewer individual income tax \n returns during such calendar year.\n ``(C) Individual income tax return.--For purposes \n of this paragraph, the term `individual income tax \n return' means any return of the tax imposed by subtitle \n A on individuals, estates, or trusts.''.\n (b) Conforming Amendment.--Paragraph (1) of section 6011(e) of such \nCode is amended by striking ``The Secretary may not'' and inserting \n``Except as provided in paragraph (3), the Secretary may not''.\n (c) Effective Date.--The amendments made by this section shall \napply to returns filed after December 31, 2010.","summary":"Homebuyer Tax Credit Improvement Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18. (2) require a taxpayer claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence. And (3) prohibit a credit for residences acquired from a spouse. Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year.","title":"To amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes.","text_len":5546,"sum_len":577} {"bill_id":"103_hr1768","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Essential Access Community Hospital \n(EACH) Amendments of 1993''.\n\nSEC. 2. ESSENTIAL ACCESS COMMUNITY HOSPITAL (EACH) AMENDMENTS.\n\n (a) Increasing Number of Participating States.--Section 1820(a)(1) \n(42 U.S.C. 1395i-4(a)(1)) is amended by striking ``7'' and inserting \n``9''.\n (b) Treatment of Inpatient Hospital Services Provided in Rural \nPrimary Care Hospitals.--\n (1) In general.--Section 1820(f)(1)(F) (42 U.S.C. 1395i-\n 4(f)(1)(F)) is amended to read as follows:\n ``(F) subject to paragraph (4), provides not more \n than 6 inpatient beds (meeting such conditions as the \n Secretary may establish) for providing inpatient care \n to patients requiring stabilization before discharge or \n transfer to a hospital, except that the facility may \n not provide any inpatient hospital services--\n ``(i) to any patient whose attending \n physician does not certify that the patient may \n reasonably be expected to be discharged or \n transferred to a hospital within 72 hours of \n admission to the facility; or\n ``(ii) consisting of surgery or any other \n service requiring the use of general anesthesia \n (other than surgical procedures specified by \n the Secretary under section 1833(i)(1)(A)), \n unless the attending physician certifies that \n the risk associated with transferring the \n patient to a hospital for such services \n outweighs the benefits of transferring the \n patient to a hospital for such services.''.\n (2) Limitation on average length of stay.--Section 1820(f) \n (42 U.S.C. 1395i-4(f)) is amended by adding at the end the \n following new paragraph:\n ``(4) Limitation on average length of inpatient stays.--The \n Secretary may terminate a designation of a rural primary care \n hospital under paragraph (1) if the Secretary finds that the \n average length of stay for inpatients at the facility during \n the previous year in which the designation was in effect \n exceeded 72 hours. In determining the compliance of a facility \n with the requirement of the previous sentence, there shall not \n be taken into account periods of duty of inpatients in excess \n of 72 hours to the extent such periods exceed 72 hours because \n transfer to a hospital is precluded because of inclement \n weather or other emergency conditions.''.\n (3) Conforming amendment.--Section 1814(a)(8) (42 U.S.C. \n 1395f(a)(8)) is amended by striking ``such services'' and all \n that follows and inserting ``the individual may reasonably be \n expected to be discharged or transferred to a hospital within \n 72 hours after admission to the rural primary care hospital.''.\n (4) GAO reports.--Not later than 2 years after the date of \n the enactment of this Act, the Comptroller General shall submit \n reports to Congress on--\n (A) the application of the requirements under \n section 1820(f) of the Social Security Act (as amended \n by this subsection) that rural primary care hospitals \n provide inpatient care only to those individuals whose \n attending physicians certify may reasonably be expected \n to be discharged within 72 hours after admission and \n maintain an average length of inpatient stay during a \n year that does not exceed 72 hours; and\n (B) the extent to which such requirements have \n resulted in such hospitals providing inpatient care \n beyond their capabilities or have limited the ability \n of such hospitals to provide needed services.\n (c) Designation of Hospitals.--\n (1) Permitting designation of hospitals located in urban \n areas.--\n (A) In general.--Section 1820 (42 U.S.C. 1395i-4) \n is amended--\n (i) by striking paragraph (1) of subsection \n (e) and redesignating paragraphs (2) through \n (6) as paragraphs (1) through (5); and\n (ii) in subsection (e)(1)(A) (as \n redesignated by subparagraph (A))--\n (I) by striking ``is located'' and \n inserting ``except in the case of a \n hospital located in an urban area, is \n located'',\n (II) by striking ``, (ii)'' and \n inserting ``or (ii)'',\n (III) by striking ``or (iii)'' and \n all that follows through ``section,'', \n and\n (IV) in subsection (i)(1)(B), by \n striking ``paragraph (3)'' and \n inserting ``paragraph (2)''.\n (B) No change in medicare prospective payment.--\n Section 1886(d)(5)(D) (42 U.S.C. 1395ww(d)(5)(D)) is \n amended--\n (i) in clause (iii)(III), by inserting \n ``located in a rural area and'' after ``that \n is'', and\n (ii) in clause (v), by inserting ``located \n in a rural area and'' after ``in the case of a \n hospital''.\n (2) Permitting hospitals located in adjoining states to \n participate in state program.--\n (A) In general.--Section 1820 (42 U.S.C. 1395i-4) \n is amended--\n (i) by redesignating subsection (k) as \n subsection (l); and\n (ii) by inserting after subsection (j) the \n following new subsection:\n ``(k) Eligibility of Hospitals Not Located in Participating \nStates.--Notwithstanding any other provision of this section--\n ``(1) for purposes of including a hospital or facility as a \n member institution of a rural health network, a State may \n designate a hospital or facility that is not located in the \n State as an essential access community hospital or a rural \n primary care hospital if the hospital or facility is located in \n an adjoining State and is otherwise eligible for designation as \n such a hospital;\n ``(2) the Secretary may designate a hospital or facility \n that is not located in a State receiving a grant under \n subsection (a)(1) as an essential access community hospital or \n a rural primary care hospital if the hospital or facility is a \n member institution of a rural health network of a State \n receiving a grant under such subsection; and\n ``(3) a hospital or facility designated pursuant to this \n subsection shall be eligible to receive a grant under \n subsection (a)(2).''.\n (B) Conforming amendments.--(i) Section 1820(c)(1) \n (42 U.S.C. 1395i-4(c)(1)) is amended by striking \n ``paragraph (3)'' and inserting ``paragraph (3) or \n subsection (k)''.\n (ii) Paragraphs (1)(A) and (2)(A) of section \n 1820(i) (42 U.S.C. 1395i-4(i)) are each amended--\n (I) in clause (i), by striking ``(a)(1)'' \n and inserting ``(a)(1) (except as provided in \n subsection (k))'', and\n (II) in clause (ii), by striking \n ``subparagraph (B)'' and inserting \n ``subparagraph (B) or subsection (k)''.\n (d) Skilled Nursing Services in Rural Primary Care Hospitals.--\nSection 1820(f)(3) (42 U.S.C. 1395i-4(f)(3)) is amended by striking \n``because the facility'' and all that follows and inserting the \nfollowing: ``because, at the time the facility applies to the State for \ndesignation as a rural primary care hospital, there is in effect an \nagreement between the facility and the Secretary under section 1883 \nunder which the facility's inpatient hospital facilities are used for \nthe furnishing of extended care services, except that the number of \nbeds used for the furnishing of such services may not exceed the total \nnumber of licensed inpatient beds at the time the facility applies to \nthe State for such designation (minus the number of inpatient beds used \nfor providing inpatient care pursuant to paragraph (1)(F)). For \npurposes of the previous sentence, the number of beds of the facility \nused for the furnishing of extended care services shall not include any \nbeds of a unit of the facility that is licensed as a distinct-part \nskilled nursing facility at the time the facility applies to the State \nfor designation as a rural primary care hospital.''.\n (e) Payment for Outpatient Rural Primary Care Hospital Services.--\nSection 1834(g)(1) (42 U.S.C. 1395m(g)(1)) is amended by adding at the \nend the following: ``The amount of payment shall be determined under \neither method without regard to the amount of the customary or other \ncharge.''.\n (f) Clarification of Physician Staffing Requirement for Rural \nPrimary Care Hospitals.--Section 1820(f)(1)(H) (42 U.S.C. 1395i-\n4(f)(1)(H)) is amended by striking the period and inserting the \nfollowing: ``, except that in determining whether a facility meets the \nrequirements of this subparagraph, subparagraphs (E) and (F) of that \nparagraph shall be applied as if any reference to a `physician' is a \nreference to a physician as defined in section 1861(r)(1).''.\n (g) Technical Amendments Relating to Part A Deductible, \nCoinsurance, and Spell of Illness.--(1) Section 1812(a)(1) (42 U.S.C. \n1395d(a)(1)) is amended--\n (A) by striking ``inpatient hospital services'' the first \n place it appears and inserting ``inpatient hospital services or \n inpatient rural primary care hospital services'';\n (B) by striking ``inpatient hospital services'' the second \n place it appears and inserting ``such services''; and\n (C) by striking ``and inpatient rural primary care hospital \n services''.\n (2) Sections 1813(a) and 1813(b)(3)(A) (42 U.S.C. 1395e(a), \n1395e(b)(3)(A)) are each amended by striking ``inpatient hospital \nservices'' each place it appears and inserting ``inpatient hospital \nservices or inpatient rural primary care hospital services''.\n (3) Section 1813(b)(3)(B) (42 U.S.C. 1395e(b)(3)(B)) is amended by \nstriking ``inpatient hospital services'' and inserting ``inpatient \nhospital services, inpatient rural primary care hospital services''.\n (4) Section 1861(a) (42 U.S.C. 1395x(a)) is amended--\n (A) in paragraph (1), by striking ``inpatient hospital \n services'' and inserting ``inpatient hospital services, \n inpatient rural primary care hospital services''; and\n (B) in paragraph (2), by striking ``hospital'' and \n inserting ``hospital or rural primary care hospital''.\n (h) Authorization of Appropriations.--Section 1820(k) (42 U.S.C. \n1395i-4(k)) is amended by striking ``1990, 1991, and 1992'' and \ninserting ``1990 through 1995''.\n (i) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","summary":"Essential Access Community Hospital (EACH) Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to make miscellaneous and technical changes with respect to Medicare's Essential Access Community Hospital Program and other Medicare provisions, including those relating to Medicare part A deductibles and co-payments. Authorizes appropriations.","title":"Essential Access Community Hospital (EACH) Amendments of 1993","text_len":12017,"sum_len":366} {"bill_id":"115_s2260","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Opioids and STOP Pain Initiative \nAct''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established an Opioids and STOP Pain Initiative, to be \nadministered by the Director of the National Institutes of Health, in \ncoordination with other agencies, as appropriate, which shall include \nefforts to support research on the following:\n (1) Section 108 of the Comprehensive Addiction and Recovery \n Act of 2016 (42 U.S.C. 284q-1), known as the STOP Pain Act, \n which directs the National Institutes of Health to intensify \n and coordinate fundamental, translational, and clinical \n research with respect to--\n (A) the understanding of pain;\n (B) the discovery and development of therapies for \n chronic pain; and\n (C) the development of alternatives to opioids for \n effective pain treatments.\n (2) Developing improved options and evidence for \n medication-assisted treatment.\n (3) Developing improved options and evidence for opioid \n overdose reversal treatments.\n (4) The Federal Pain Research Strategy, including research \n that focuses on--\n (A) novel drugs, non-addictive, and non-\n pharmacological treatments for pain;\n (B) screening tools and outcome measures for \n assessments across the continuum of pain;\n (C) national registries, datasets, and research \n networks;\n (D) effective models of care delivery for pain \n management; and\n (E) precision medicine methodology to prevent and \n treat pain.\n (5) The components of the Department of Health and Human \n Services five-point strategy to address the opioid crisis that \n states: ``Providing support for cutting edge research on pain \n and addiction''.\n (6) The pain therapy screening program established under \n section 4.\n (7) Other elements that the Secretary of Health and Human \n Services may designate, in consultation with the Director of \n the National Institutes of Health.\n\nSEC. 3. FUNDING FOR THE OPIOIDS AND STOP PAIN INITIATIVE.\n\n (a) In General.--There is authorized to be appropriated, and there \nis appropriated, $5,000,000,000, to be used during the 5-fiscal year \nperiod beginning in the fiscal year in which such funds are \nappropriated, to the National Institutes of Health Innovation Account \nto be used to administer the Opioids and STOP Pain Initiative \nestablished under section 2.\n (b) Emergency Spending.--\n (1) In general.--Amounts appropriated under subsection (a) \n are designated as an emergency requirement pursuant to section \n 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. \n 933(g)).\n (2) Designation in the senate.--In the Senate, amounts \n appropriated under subsection (a) are designated as an \n emergency requirement pursuant to section 403(a) of S. Con. \n Res. 13 (111th Congress), the concurrent resolution on the \n budget for fiscal year 2010.\n\nSEC. 4. PAIN THERAPY SCREENING PROGRAM.\n\n (a) In General.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary'') shall carry out \nthrough the National Institutes of Health a program to be known as the \n``Pain Therapy Screening Program'' that focuses on the development of \npain therapeutics.\n (b) Grants.--The Secretary shall award grants under the program \nunder subsection (a) to eligible public and private nonprofit entities \nto support the development of new pre-clinical models for pain \ndisorders, and the application of these models in drug, device, or \nother therapy screening.\n (c) Model.--The program under this section shall be modeled after \nthe Epilepsy Therapy Screening Program carried out by the National \nInstitute of Neurological Disorders and Stroke.\n (d) Fees.--The Secretary of Health and Human Services may assess \nreasonable fees on private pharmaceutical or medical device industry \nentities that utilize the program under this section to screen \nproprietary molecular compounds and devices. Such fees shall be paid to \nthe Foundation for the National Institutes of Health and transferred to \nthe NIH Innovation Account to be used for the Opioids and STOP Pain \nInitiative established under section 2.\n (e) Funding.--The Director of the National Institutes of Health \nshall determine the amount, and allocate, funds from the amount \nappropriated under section 3, to carry out this section.\n\nSEC. 5. FUNDING PROVISIONS.\n\n (a) Supplement Not Supplant.--Amounts appropriated in this Act \n(including the amendments made by this Act) shall be used to \nsupplement, not supplant, current funding for pain and opioid research \nat the National Institutes of Health.\n (b) Acceptance of Donations.--Notwithstanding section 1342 of title \n31, United States Code, the Secretary of Health and Human Services may \naccept donations (including from the pharmaceutical and medical device \nindustries) to be used to assist in carrying out programs and \nactivities under this Act (and the amendments made by this Act). Such \ndonations shall be paid to the Foundation for the National Institutes \nof Health and transferred to the NIH Innovation Account to be used for \nthe Opioids and STOP Pain Initiative established under section 2.\n (c) Inclusion of Contribution Amounts in Basic Research for \nPurposes of Research Credit.--\n (1) In general.--Paragraph (6) of section 41(e) of the \n Internal Revenue Code of 1986 is amended by adding at the end \n the following new subparagraph:\n ``(E) Opioids and stop pain initiative.--The \n National Institutes of Health, if the payment is made \n in support of the Opioids and STOP Pain Initiative, as \n established by the Opioids and STOP Pain Initiative \n Act.''.\n (2) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after the date of the \n enactment of this Act.\n\nSEC. 6. AUTHORITY.\n\n Notwithstanding any other provision of the law, the Director of the \nNational Institutes of Health may use funds available under section 3 \nto enter into transactions (other than contracts, cooperative \nagreements, or grants) to carry out research identified pursuant to the \nOpioids and STOP Pain Initiative established under section 2.\n\nSEC. 7. REPORTS.\n\n (a) Annual Reports.--Not later than October 1 of each of fiscal \nyears 2019 through 2026, the Director of the National Institutes of \nHealth shall submit to the Committee on Health, Education, Labor, and \nPensions and the Committee on Appropriations of the Senate and the \nCommittee on Energy and Commerce and the Committee on Appropriations of \nthe House of Representatives, a report that includes--\n (1) the amount obligated or expended in the fiscal year \n prior to the fiscal year in which the report is being submitted \n for each program or activity described in this Act (or an \n amendment made by this Act);\n (2) a description of all such programs or activities \n carried out using funds provided under this Act (or \n amendments); and\n (3) a description of how such programs or activities are \n advancing public health, including the impact on treating pain \n and addressing opioid misuse in the United States.\n (b) Additional Reports.--At the request of the Committee on Health, \nEducation, Labor, and Pensions or the Committee on Appropriations of \nthe Senate, or the Committee on Energy and Commerce or the Committee on \nAppropriations of the House of Representatives, the Director of the \nNational Institutes of Health shall provide to the relevant Committee \nan update in the form of testimony and additional reports concerning \nthe allocation of funding under this Act (or the amendments made by \nthis Act) or the description of the programs and activities carried out \nwith such funding.","summary":"Opioids and STOP Pain Initiative Act This bill establishes and provides funds for the Opioids and STOP Pain Initiative at the National Institutes of Health (NIH) to support pain-related research, including: understanding pain, therapies for chronic pain, and alternatives to opioids for pain treatment as directed in the Comprehensive Addiction and Recovery Act of 2016. Improving options and evidence for medication-assisted treatment and opioid overdose reversal treatments. And supporting the Federal Pain Research Strategy. NIH must establish the Pain Therapy Screening Program to award grants to support the development of new pre-clinical models for pain disorders, and the application of these models in drug, device, or other therapy screening.","title":"Opioids and STOP Pain Initiative Act","text_len":8331,"sum_len":752} {"bill_id":"114_hr1750","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Autofill Act of 2015''.\n\nSEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS.\n\n (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new section:\n\n``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS.\n\n ``(a) Establishment of Program.--The Secretary shall establish a \nprogram under which taxpayers may download forms relating to the \nindividual income tax returns that are populated with return \ninformation reported to the Secretary under chapter 61 and reported to \nthe Secretary pursuant to section 232 of the Social Security Act.\n ``(b) Requirements Relating to Information.--\n ``(1) Deadline for making information available.--The \n Secretary shall make such return information available under \n the program established under subsection (a) not later than 15 \n days after the Secretary receives such information.\n ``(2) Format of information made available.--Return \n information shall be made available under the program \n established under subsection (a) in both a printable document \n file suitable for manual completion and filing and in a \n computer-readable form suitable for use by automated tax \n preparation software.\n ``(c) Autofill Service Deadlines.--\n ``(1) Standards.--Not later than October 31, 2015, the \n Secretary shall--\n ``(A) establish standards for data download to tax \n preparation software, and\n ``(B) provide a demonstration server for \n downloading the partially populated printable document \n file.\n ``(2) Tax forms.--Not later than February 15, 2016, and \n annually thereafter, the Secretary shall provide on the \n Secretary's Web site a secure function that allows a taxpayer \n to download, as both a printable document file and in a form \n suitable for input to automatic tax preparation software, the \n 1040, 1040A, and 1040EZ forms that are populated with \n information with respect to the taxpayer that is reported under \n chapter 61 or any other provision of this title under which \n reporting of information is required.\n ``(d) Taxpayer Responsibility.--Nothing in this section shall be \nconstrued to absolve the taxpayer from full responsibility for the \naccuracy or completeness of his return of tax.\n ``(e) Disclaimer.--Before any form can be downloaded under the \nprogram established under subsection (a), taxpayer must acknowledge \nthat--\n ``(1) the taxpayer is responsible for the accuracy of his \n return, and\n ``(2) all information provided in the downloadable form \n under such program needs to be verified.\n ``(f) Information Provided for Wage and Self-Employment Income.--\nFor purposes of subsection (a)--\n ``(1) Information related to calendar year 2015.--In the \n case of information relating to wages paid, and amounts of \n self-employment income, for calendar year 2015 required to be \n provided to the Commissioner of Social Security under section \n 205(c)(2)(A) of the Social Security Act (42 U.S.C. \n 405(c)(2)(A)), the Commissioner shall, using best efforts, make \n such information available to the Secretary not later than \n January 31, 2016.\n ``(2) Information related to calendar year 2016 and \n thereafter.--In the case of information relating to wages paid, \n and amounts of self-employment income, for any calendar year \n after 2015 required to be provided to the Commissioner of \n Social Security under section 205(c)(2)(A) of the Social \n Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall \n make such information available to the Secretary not later than \n the January 31 of the calendar year following the calendar year \n to which such wages and self-employment income relate.''.\n (b) Filing Deadline for Information Returns.--Section 6071(b) of \nsuch Code is amended to read as follows:\n ``(b) Information Returns.--Returns made under part III of this \nsubchapter shall be filed on or before January 31 of the year following \nthe calendar year to which such returns relate. Section 6081 shall not \napply to returns under such part III.''.\n (c) Conforming Amendment to Social Security Act.--Section \n205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is \namended by adding at the end the following new sentence: ``For purposes \nof the preceding sentence, the Commissioner shall require that \ninformation relating to wages paid, and amounts of self-employment \nincome, be provided to the Commissioner not later than January 31 of \nthe year following the calendar year to which such wages and self-\nemployment income relate.''.\n (d) Clerical Amendment.--The table of sections for chapter 77 of \nsuch Code is amended by adding at the end the following new item:\n\n``Sec. 7529. Automated partially pre-populated tax returns.''.\n (e) Effective Date.--The amendments made by this section shall \napply to returns for taxable years beginning after December 31, 2014.","summary":"Autofill Act of 2015 Amends the Internal Revenue Code to require the Department of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information previously reported to Treasury for the taxable year, (2) establish standards by October 31, 2015,nbsp, for data download to tax preparation software. And (3) provide, not later than February 15, 2016, and annually thereafter,nbsp. On the website of Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to Treasury. Establishes deadlines for reporting tax return information to Treasury and for making such information available for populating tax returns.","title":"Autofill Act of 2015","text_len":5326,"sum_len":892} {"bill_id":"103_hr2305","text":"SECTION 1. AGREEMENT TO ESTABLISH BINATIONAL COMMISSION.\n\n The President is authorized and encouraged to conclude an agreement \nwith Mexico to establish a binational commission to be known as the \nUnited States-Mexico Border Health Commission.\n\nSEC. 2. DUTIES.\n\n It should be the duty of the Commission--\n (1) to conduct a comprehensive needs assessment in the \n United States-Mexico border area for the purposes of \n identifying, evaluating, preventing, and resolving health \n problems that affect the general population of the area;\n (2) to implement the actions recommended by the needs \n assessment by--\n (A) assisting in the coordination of the efforts of \n public and private persons to prevent and resolve such \n health problems,\n (B) assisting in the coordination of the efforts of \n public and private persons to educate such population \n concerning such health problems, and\n (C) developing and implementing programs to prevent \n and resolve such health problems and to educate such \n population concerning such health problems where a \n program is necessary to meet a need that is not being \n met by the efforts of other public or private persons; \n and\n (3) to formulate recommendations to the Governments of the \n United States and Mexico concerning a fair and reasonable \n method by which the government of one country would reimburse a \n public or private person in the other country for the cost of a \n health care service that the person furnishes to a citizen or \n resident alien of the first country who is unable, through \n insurance or otherwise, to pay for the service.\n\nSEC. 3. OTHER AUTHORIZED FUNCTIONS.\n\n In addition to the duties described in section 2, the Commission \nshould be authorized to perform the following additional functions as \nthe Commission determines to be appropriate:\n (1) To conduct or sponsor investigations, research, or \n studies designed to identify, study, and monitor health \n problems that affect the general population in the United \n States-Mexico border area.\n (2) To provide financial, technical, or administrative \n assistance to public or private persons who act to prevent, \n resolve, or educate such population concerning such health \n problems.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment of United States Section.--The United \nStates section of the Commission should be composed of 13 members. The \nsection should consist of the following members:\n (1) The Secretary of Health and Human Services or such \n individual's delegate.\n (2) The commissioners of health from the States of Texas, \n New Mexico, California, and Arizona or such individuals' \n delegates.\n (3) 2 individuals from each of the States of Texas, New \n Mexico, California, and Arizona who are nominated by the chief \n executive officer of one of such States and are appointed by \n the President from among individuals--\n (A) who have a demonstrated interest in health \n issues of the United States-Mexico border area; and\n (B) whose name appears on a list of 6 nominees \n submitted to the President by the chief executive \n officer of the State where the nominees resides.\n (b) Commissioner.--The Commissioner of the United States section of \nthe Commission should be the Secretary of Health and Human Services or \nsuch individual's delegate to the Commission. The Commissioner should \nbe the leader of the section.\n\nSEC. 5. REGIONAL OFFICES.\n\n The Commission should establish no fewer than 2 regional border \noffices in locations selected by the Commission.\n\nSEC. 6. REPORTS.\n\n Not later than February 1 of each year that occurs more than 1 year \nafter the date of the establishment of the Commission, the Commission \nshould submit an annual report to both the United States Government and \nthe Government of Mexico regarding all activities of the Commission \nduring the preceding calendar year.\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act:\n (1) Commission.--The term ``Commission'' means the United \n States-Mexico Border Health Commission authorized in section 1.\n (2) Health problem.--The term ``health problem'' means a \n disease or medical ailment or an environmental condition that \n poses the risk of disease or medical ailment. The term includes \n diseases, ailments, or risks of disease or ailment caused by or \n related to environmental factors, control of animals and \n rabies, control of insect and rodent vectors, disposal of solid \n and hazardous waste, and control and monitoring of air and \n water quality.\n (3) Resident alien.--The term ``resident alien'', when used \n in reference to a country, means an alien lawfully admitted for \n permanent residence to the country or otherwise permanently \n residing in the country under color of law (including residence \n as an asylee, refugee, or parolee).\n (4) United states-mexico border area.--The term ``United \n States-Mexico border area'' means the area located in the \n United States and Mexico within 100 kilometers of the border \n between the United States and Mexico.","summary":"Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the US-Mexican border area to identify and resolve health problems that affect the general population of the area. (2) coordinate public and private entities to educate the population about, and resolve, such health problems and develop programs to meet needs that are not being met by such persons. And (3) formulate recommendations for a fair method by which the government of one country would reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service.","title":"To authorize and encourage the President to conclude an agreement with Mexico to establish a United States-Mexico Border Health Commission.","text_len":5667,"sum_len":831} {"bill_id":"110_hr5965","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employers Financial Literacy Act''.\n\nSEC. 2. CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES WHICH PROVIDE \n CONTINUING FINANCIAL EDUCATION TO EMPLOYEES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45O. SMALL BUSINESSES PROVIDING CONTINUING FINANCIAL EDUCATION \n TO EMPLOYEES.\n\n ``(a) In General.--In the case of an eligible small business, the \ncontinuing financial education credit determined under this section is \nan amount equal to 35 percent of the continuing financial education \nexpenses paid or incurred by the taxpayer during the taxable year.\n ``(b) Eligible Small Business.--For purposes of this section, the \nterm `eligible small business' means any small business which provides \nwithout charge a qualified continuing financial education program to \nits employees throughout the taxable year.\n ``(c) Qualified Continuing Financial Education Program.--For \npurposes of this section--\n ``(1) In general.--The term `qualified continuing financial \n education program' means any educational program or services--\n ``(A) which is provided by a community-based budget \n and counseling agency which is described in section \n 501(c)(3) and exempt from tax under section 501(a),\n ``(B) which promotes consumer understanding of \n consumer, economic, and personal finance issues and \n concepts, including saving for retirement, managing \n credit, long-term care, estate planning and education \n on predatory lending, identity theft, and financial \n abuse schemes,\n ``(C) which is offered to all employees of the \n taxpayer who have at least 2 weeks of service with the \n employer, and\n ``(D) which is offered during--\n ``(i) at least 24 hours of each month if \n the taxpayer is a corporation, or\n ``(ii) at least 16 hours of each month in \n any other case.\n ``(d) Small Business.--For purposes of this section--\n ``(1) In general.--The term `small business' means, with \n respect to any taxable year, any employer if--\n ``(A) such employer employed an average of at least \n 2 but not more than 50 employees on business days \n during the most recent calendar year ending before such \n taxable year, and\n ``(B) such employer employed at least 2 employees \n on the first day of the taxable year.\n ``(2) Employers not in existence in preceding year.--In the \n case of an employer which was not in existence throughout the \n calendar year referred to in paragraph (1), the determination \n under paragraph (1) shall be based on the average number of \n employees that it is reasonably expected such employer will \n employ on business days in the taxable year.\n ``(3) Special rules.--\n ``(A) Controlled groups.--For purposes of this \n subsection, all persons treated as a single employer \n under subsection (b), (c), (m), or (o) of section 414 \n shall be treated as 1 employer.\n ``(B) Predecessors.--Any reference in this \n subsection to an employer shall include a reference to \n any predecessor of such employer.''.\n (b) Denial of Double Benefit.--Section 280C of such Code (relating \nto certain expenses for which credits are allowable) is amended by \nadding at the end the following new subsection:\n ``(f) Credit for Small Businesses Providing Continuing Financial \nEducation to Employees.--No deduction shall be allowed for that portion \nof the expenses paid or incurred during the taxable year which is equal \nto the credit determined for the taxable year under sections 45O(a). In \nthe case of persons treated as a single employer under section \n45O(d)(3)(A), this subsection shall be applied under rules prescribed \nby the Secretary similar to the rules applicable under subsections (a) \nand (b) of section 52.''.\n (c) Credit To Be Part of General Business Credit.--Section 38(b) of \nsuch Code is amended by striking ``plus'' at the end of paragraph (30), \nby striking the period at the end of paragraph (31) and inserting ``, \nplus'', and by adding at the end the following new paragraph:\n ``(32) in the case of an eligible small business (as \n defined in section 45O(d)), the continuing financial education \n credit under section 40O(a).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 40O. Small businesses providing continuing financial education \n to employees.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 3. PREFERENCE IN FEDERAL CONTRACTS, LOANS, AND OTHER ASSISTANCE \n FOR SMALL BUSINESSES AND CORPORATIONS PROVIDING \n CONTINUING FINANCIAL EDUCATION TO EMPLOYEES.\n\n (a) Preference.--In the case of any Federal contract or any Federal \nfinancial or nonfinancial assistance, an eligible small business or an \neligible corporation shall be given a preference when submitting a bid \nor proposal for the contract or applying for such assistance.\n (b) Definitions.--In this section:\n (1) Eligible small business.--The term ``eligible small \n business'' has the meaning provided in section 45O(b) of the \n Internal Revenue Code of 1986.\n (2) Eligible corporation.--The term ``eligible \n corporation'' means any corporation--\n (A) that employs 50 or more employees; and\n (B) that provides without charge a qualified \n continuing financial education program to its employees \n throughout the taxable year.\n (3) Qualified continuing financial education program.--The \n term ``qualified continuing financial education program'' has \n the meaning provided in section 45O(c) of the Internal Revenue \n Code of 1986.\n (4) Federal financial or nonfinancial assistance.--The term \n ``Federal financial or nonfinancial assistance'' means--\n (A) all programs and activities involving Federal \n financial and nonfinancial assistance and benefits, as \n covered by Executive Order No. 12549 and guidelines \n implementing that order; and\n (B) procurement programs and activities, including \n Federal contracts for the procurement of goods or \n services.\n (c) Effective Date.--The preference required under subsection (a) \nshall be applied beginning on January 1, 2010.","summary":"Employers Financial Literacy Act - Amends the Internal Revenue Code to allow small business taxpayers a tax credit for up to 35 of the costs of providing continuing financial education to their employees. Grants a preference to such small businesses in the awarding of federal contracts or assistance.","title":"To encourage small businesses to provide continuing financial education to their employees by providing a credit against income tax to cover a portion of the costs of providing that education and by giving such businesses and corporations providing such financial education preferential status when applying for Federal contracts, loans, and other assistance.","text_len":7341,"sum_len":301} {"bill_id":"110_hr5982","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biometric Enhancement for Airport-\nRisk Reduction Act of 2008''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Biometric identifier system.--The term ``biometric \n identifier system'' means a system that uses biometric \n identifier information to match individuals and confirm \n identity for transportation security and other purposes.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Homeland Security acting through the Assistant Secretary of \n Homeland Security (Transportation Security Administration).\n\nSEC. 3. BIOMETRIC IDENTIFIER SYSTEMS.\n\n (a) Study.--\n (1) In general.--The Secretary, in consultation with the \n working group of industry stakeholders to be established under \n subsection (c), shall conduct a study on how airports can \n transition to uniform, standards-based, and interoperable \n biometric identifier systems for airport workers with \n unescorted access to secure or sterile areas of an airport.\n (2) Purpose.--The purpose of the study shall be to enhance \n transportation security against a potential act of terrorism by \n an airport worker who is allowed unescorted access to secure or \n sterile areas of an airport.\n (3) Risk-based analysis.--In conducting the study, the \n Secretary shall conduct a risk-based analysis of selected \n Category X and I airports and other airports, as the Secretary \n determines appropriate, to identify where the implementation of \n biometric identifier systems could benefit airports.\n (4) Considerations.--In conducting the study, the Secretary \n shall consider the following:\n (A) Parallel systems.--Existing parallel biometric \n security systems applicable to workers with unescorted \n access to critical infrastructure, including--\n (i) transportation security cards issued \n under section 70105 of title 46, United States \n Code;\n (ii) armed law enforcement travel \n credentials issued under section 44903(h)(6) of \n title 49, United States Code; and\n (iii) other credential programs used by the \n Federal Government, as the Secretary considers \n appropriate.\n (B) Efforts by transportation security \n administration.--Any biometric programs or proposals \n developed by the Assistant Secretary of Homeland \n Security (Transportation Security Administration).\n (C) Infrastructure and technical requirements.--The \n architecture, modules, interfaces, and transmission of \n data needed to address risks associated with securing \n airports by providing interoperable biometric security \n measures and credentials for airport workers with \n unescorted access to secure and sterile areas of an \n airport.\n (D) Existing airport systems.--Biometric \n infrastructure and systems in use in secure and sterile \n areas of airports.\n (E) Incentives.--Possible incentives for airports \n that voluntarily seek to implement uniform, standards-\n based, and interoperable biometric identifier systems.\n (F) Associated costs.--The costs of implementing \n uniform, standards-based, and interoperable biometric \n identifier systems at airports, including--\n (i) the costs to airport operators, airport \n workers, air carriers, and other aviation \n industry stakeholders; and\n (ii) the costs associated with ongoing \n operations and maintenance and modifications \n and enhancements needed to support changes in \n physical and electronic infrastructure.\n (G) GAO recommendations.--Any recommendations or \n findings developed by the Government Accountability \n Office relating to implementing biometric security for \n airport workers with unescorted access to secure and \n sterile areas of airports.\n (H) Information from other sources.--\n Recommendations, guidance, and information from other \n sources, including government entities, organizations \n representing airport workers, and private individuals \n and organizations.\n (5) Report.--Not later than 270 days after the date of \n enactment of this Act, the Secretary shall submit to the \n Committee on Homeland Security of the House of Representatives \n and the Committee on Commerce, Science, and Transportation of \n the Senate a report on the results of the study conducted under \n this subsection.\n (b) Best Practices.--\n (1) Identification of best practices.--The Secretary, in \n consultation with the working group of aviation industry \n stakeholders to be established under subsection (c), shall \n identify best practices for the administration of biometric \n credentials at airports, including best practices for each of \n the following processes:\n (A) Registration and enrollment.\n (B) Eligibility vetting and risk assessment.\n (C) Issuance.\n (D) Verification and use.\n (E) Expiration and revocation.\n (F) Development of a cost structure for acquisition \n of biometric credentials.\n (G) Development of redress processes for workers.\n (2) Report.--Not later than one year after the date of \n enactment of this Act, the Secretary shall--\n (A) submit to the Committee on Homeland Security of \n the House of Representatives and the Committee on \n Commerce, Science, and Transportation of the Senate a \n report that outlines the best practices identified \n under paragraph (1); and\n (B) make the report available to airport operators.\n (c) Aviation and Airport Security Working Group.--\n (1) In general.--The Secretary shall convene a working \n group to assist the Secretary with issues pertaining to \n implementing and carrying out this section.\n (2) Membership.--The Secretary shall ensure that the \n membership of the working group includes aviation industry \n stakeholders and specifically includes individuals selected \n from among--\n (A) the membership of the Transportation Security \n Administration's Aviation Security Advisory Committee;\n (B) individuals and organizations representing \n airports;\n (C) individuals and organizations representing \n airport workers, including those airport workers with \n unescorted access to secure and sterile areas of \n airports;\n (D) individuals and organizations representing the \n biometric technology sector; and\n (E) any other individuals and organizations that \n the Secretary considers appropriate.\n (3) Nonapplicability of faca.--The Federal Advisory \n Committee Act (5 U.S.C. App.) shall not apply to working group \n established under this subsection.\n (4) Sunset.--The working group established under this \n subsection shall cease operations 30 days after the date of \n submission of the report under subsection (a)(5) or 30 days \n after the date of submission of the report under subsection \n (b)(2), whichever is later.\n\n Passed the House of Representatives June 18, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Biometric Enhancement for Airport-Risk Reduction Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)), to: (1) study and report to Congress on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport. And (2) conduct a risk-based analysis of selected Category X and I airports and other airports to identify where implementation of such systems could benefit them. Defines biometric identifier system as a system that uses biometric identifier information to match and confirm identity of individuals for purposes of transportation security. Requires the Secretary to convene a working group to assist with issues pertaining to implementing this Act.","title":"To direct the Secretary of Homeland Security, for purposes of transportation security, to conduct a study on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport, and for other purposes.","text_len":8600,"sum_len":893} {"bill_id":"114_hr2872","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Opioid Addiction Treatment \nModernization Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that opioid addiction has become a public health \nepidemic that must be addressed by increasing awareness and access to \nall treatment options for opioid addiction, overdose reversal, and \nrelapse prevention.\n\nSEC. 3. OPIOID ADDICTION TREATMENT MODERNIZATION.\n\n (a) In General.--Section 303(g) of the Controlled Substances Act \n(21 U.S.C. 823(g)) is amended--\n (1) by adding at the end the following:\n ``(3) The standards under paragraph (1)(A) (for determining whether \na practitioner is qualified to engage in the treatment with respect to \nwhich registration is sought) shall include a requirement for \ncompletion, every 2 years, of training--\n ``(A) provided (through classroom situations, seminars at \n professional society meetings, electronic communications, or \n otherwise) by an organization such as the American Society of \n Addiction Medicine, the American Academy of Addiction \n Psychiatry, the American Medical Association, the American \n Osteopathic Association, the American Psychiatric Association, \n the American Association for the Treatment of Opioid \n Dependence, the National Council for Behavioral Health, or any \n other organization that the Secretary determines is \n appropriate; and\n ``(B) addressing--\n ``(i) opioid detoxification;\n ``(ii) appropriate clinical use of all drugs \n approved by the Food and Drug Administration for the \n treatment of opioid addiction;\n ``(iii) the need for initial and periodic \n assessments of each patient;\n ``(iv) the development of an individualized \n treatment plan for each patient; and\n ``(v) the importance of providing overdose reversal \n and relapse prevention, and appropriate counseling and \n other services.'';\n (2) in paragraph (2)(B), by inserting ``and annually \n thereafter,'' after ``before the initial dispensing of narcotic \n drugs in schedule III, IV, or V or combinations of such drugs \n to patients for maintenance or detoxification treatment,'';\n (3) by amending paragraph (2)(B)(ii) to read as follows:\n ``(ii) With respect to patients to whom the practitioner \n will provide such drugs or combinations of drugs, the \n practitioner has the capacity to provide directly or by \n referral--\n ``(I) all drugs approved by the Food and Drug \n Administration for the treatment of opioid addiction, \n including, as available, opioid maintenance, \n detoxification, and overdose reversal and relapse \n prevention; and\n ``(II) appropriate counseling and ancillary \n services.'';\n (4) by redesignating clause (iii) of paragraph (2)(B) as \n clause (iv);\n (5) after paragraph (2)(B)(ii), by inserting the following:\n ``(iii) The practitioner maintains a diversion control plan \n that contains specific measures to reduce the likelihood of the \n diversion of controlled substances prescribed by the \n practitioner for the treatment of opioid addiction.'';\n (6) by amending paragraph (2)(G)(ii) to read as follows:\n ``(ii) The term `qualifying physician' means a \n physician who meets the following:\n ``(I) The physician is licensed under State \n law.\n ``(II) The physician meets one or more of \n the following conditions:\n ``(aa) The physician holds a \n subspecialty board certification in \n addiction psychiatry from the American \n Board of Medical Specialties.\n ``(bb) The physician holds an \n addiction certification from the \n American Society of Addiction Medicine.\n ``(cc) The physician holds a \n subspecialty board certification in \n addiction medicine from the American \n Osteopathic Association.\n ``(dd) The physician has \n participated as an investigator in one \n or more clinical trials leading to the \n approval of a narcotic drug in schedule \n III, IV, or V for maintenance or \n detoxification treatment or the \n approval of a drug for the treatment of \n opioid addiction, as demonstrated by a \n statement submitted to the Secretary by \n the sponsor of such approved drug.\n ``(ee) The physician has such other \n training or experience as the State \n medical licensing board (of the State \n in which the physician will provide \n maintenance or detoxification \n treatment) considers to demonstrate the \n ability of the physician to treat and \n manage opiate-dependent patients.\n ``(ff) The physician has such other \n training or experience as the Secretary \n considers to demonstrate the ability of \n the physician to treat and manage \n opiate-dependent patients. Any criteria \n of the Secretary under this item shall \n be established by regulation. Any such \n criteria are effective only for 3 years \n after the date on which the criteria \n are promulgated, but may be extended \n for such additional discrete 3-year \n periods as the Secretary considers \n appropriate for purposes of this item. \n Such an extension of criteria may only \n be effectuated through a statement \n published in the Federal Register by \n the Secretary during the 30-day period \n preceding the end of the 3-year period \n involved.\n ``(iii) The physician completes, with respect to \n the treatment and management of opiate-dependent \n patients, not less than 8 hours of training described \n in paragraph (3) not less frequently than every 2 \n years.\n ``(iv) The physician obtains in writing from each \n patient a signed acknowledgment that the patient--\n ``(I) will be subject to medication \n adherence and substance use monitoring;\n ``(II) understands available treatment \n options, including drugs approved by the Food \n and Drug Administration for the treatment of \n opioid addiction and their potential risks and \n benefits; and\n ``(III) has an individualized treatment \n plan.''; and\n (7) by amending paragraph (2)(H)(ii) to read as follows:\n ``(ii) Not later than one year after the date of enactment \n of the Opioid Addiction Treatment Modernization Act, the \n Secretary shall update the treatment improvement protocol \n containing best practice guidelines for the treatment of \n opiate-dependent patients. The Secretary shall update such \n protocol in consultation with the Director of the National \n Institute on Drug Abuse, the Administrator of the Drug \n Enforcement Administration, the Commissioner of Food and Drugs, \n the Administrator of the Substance Abuse and Mental Health \n Services Administration, and other substance abuse disorder \n professionals. Updates to the protocol shall be guided by \n science.''.\n (b) Inspection Authority.--The Secretary of Health and Human \nServices or the Attorney General of the United States may inspect \npersons that are registered under section 303(g) of the Controlled \nSubstances Act (21 U.S.C. 823(g)) to ensure compliance with the \nrequirements in this Act (and the amendments made by this Act) with \nrespect to which noncompliance may result in a revocation or suspension \nof the practitioner's registration.\n (c) Certification of Compliance.--Not later than 1 year after the \ndate of enactment of this Act, all practitioners who, as of such date \nof enactment, are permitted to dispense narcotic drugs to individuals \n(for maintenance treatment or detoxification treatment) pursuant to \nparagraph (1) or (2) of section 303(g) of the Controlled Substances Act \n(21 U.S.C. 823(g)) shall submit a certification to the Secretary of \nHealth and Human Services of compliance with the provisions of such \nsection 303(g), as amended by this Act.\n (d) Reports to Congress.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, and every 5 years thereafter, the \n Comptroller General of the United States shall--\n (A) perform a thorough review of the provision of \n opioid addiction treatment services in the United \n States; and\n (B) submit a report to the Congress on the findings \n and conclusions of such review.\n (2) Contents.--Each report under paragraph (1) shall \n include--\n (A) an assessment of compliance with the \n requirements of section 303(g) of the Controlled \n Substances Act, as amended by this Act;\n (B) a description of the measures taken by the \n Secretary of Health and Human Services to ensure such \n compliance; and\n (C) an assessment of--\n (i) whether the full range of science- and \n evidence-based treatment options for opioid \n addiction are fully integrated into treatment; \n and\n (ii) the circumstances surrounding \n medication diversion and misuse.","summary":"Opioid Addiction Treatment Modernization Act This bill amends the Controlled Substances Act to require a practitioner who administers or dispenses narcotic drugs for maintenance or detoxification treatment in an opioid treatment program to complete training every two years. The legislation revises the waiver requirements for a physician who wants to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, such physician must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician, has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. This bill requires a physician to also certify that he or she maintains a diversion control plan and has the capacity to provide directly or by referral all drugs approved by the Food and Drug Administration for the treatment of opioid addiction. The bill modifies the definition of a qualifying physician. Currently, a qualifying physician must be licensed in a state and have expertise . This legislation requires a qualifying physician to also complete training every two years and obtain written consent from each patient regarding available treatment options. nbsp. It permits HHS or the Department of Justice to inspect registered practitioners who dispense narcotics to ensure compliance with the requirements of this Act. All practitioners who are permitted to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment must submit to HHS a certification of compliance with the requirements of this Act. The Government Accountability Office must review opioid addition treatment services in the United States and report findings to Congress every five years.","title":"Opioid Addiction Treatment Modernization Act","text_len":11386,"sum_len":1857} {"bill_id":"110_s3676","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Volunteer Firefighter and EMS \nSupport Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Volunteer firefighters and emergency medical services \n personnel are a vital component of the first responders across \n the United States.\n (2) The 800,000 volunteer firefighters and emergency \n medical service personnel in the United States save lives and \n property everyday.\n (3) The national financial savings resulting from volunteer \n firefighting and emergency medical services has been calculated \n at more than $37,000,000,000 each year.\n (4) Many volunteer fire stations and emergency medical \n services organizations in the United States face growing \n challenges as volunteers contend with increased competition for \n their time from their jobs, families, and other \n responsibilities.\n (5) Some State and local governments provide financial \n incentives to volunteer firefighters and emergency medical \n services personnel, such as retirement benefits and tuition \n assistance. Unfortunately, many communities that rely on \n volunteer firefighters and emergency medical services \n personnel, especially rural and low-income communities, do not \n have the resources to provide such incentives.\n (6) There is an important role for the Federal Government \n and the Administrator of the United States Fire Administration \n in supporting volunteer firefighters and emergency medical \n services personnel, including providing funds to contribute to \n incentives for the recruitment and retention of volunteers.\n\nSEC. 3. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL \n SERVICES PERSONNEL.\n\n The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 \net seq.) is amended by inserting after section 33 the following new \nsection:\n\n``SEC. 33A. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL \n SERVICES PERSONNEL.\n\n ``(a) Establishment.--The Secretary shall establish a program to \nprovide funds to a State or local government, non-profit firefighter \nassociation, or governmental or nongovernmental emergency medical \nservices organization, that carries out a volunteer firefighter \nincentive program in accordance with the provisions of this section.\n ``(b) Definitions.--In this section:\n ``(1) Approved benefit or incentive.--The term `approved \n benefit or incentive' means a benefit or incentive that has \n been approved by the Administrator and is provided to a \n volunteer firefighter, including--\n ``(A) a retirement benefit;\n ``(B) reimbursement for travel and training;\n ``(C) health insurance or other health benefits;\n ``(D) life insurance;\n ``(E) tuition or school loan forgiveness;\n ``(F) a tax reduction; and\n ``(G) any other benefit or incentive approved by \n the Administrator.\n ``(2) Secretary.--The term `Secretary' means the Secretary \n of Homeland Security.\n ``(3) Volunteer firefighter.--The term `volunteer \n firefighter' means an individual who provides firefighting \n service or emergency medical service to a State or local \n government or a governmental or nongovernmental organization \n without pay. A volunteer firefighter may receive benefits or \n incentives for firefighting service or emergency medical \n service, including benefits and incentives described in \n subparagraphs (A) through (G) of paragraph (1).\n ``(4) Volunteer firefighter incentive program.--The term \n `volunteer firefighter incentive program' means a program \n carried out by a State or local government, a non-profit \n firefighter association, or a governmental or nongovernmental \n emergency medical services organization to provide approved \n benefits or incentives.\n ``(c) Matching Payments to States.--\n ``(1) Requirement.--For each fiscal year in which a State \n or local government, non-profit firefighter association, or \n governmental or nongovernmental emergency medical services \n organization carries out a volunteer firefighter incentive \n program, the Secretary shall pay such government, association, \n or organization, out of any money in the Treasury not otherwise \n appropriated for such fiscal year, an amount equal to the total \n amount of expenditures of funds not received from the Federal \n Government made by such government, association, or \n organization for such fiscal year to carry out the volunteer \n firefighter incentive program.\n ``(2) Entitlement.--Paragraph (1) constitutes budget \n authority in advance of appropriations Acts and represents the \n obligation of the Federal Government to provide payment to a \n State or local government, non-profit firefighter association, \n or governmental or nongovernmental emergency medical services \n organization of any amount provided for under such paragraph.\n ``(d) Regulations.--The Secretary shall prescribe regulations to \ncarry out this section.\n ``(e) Reports.--\n ``(1) Reports from recipients.--A State or local \n government, non-profit firefighter association, or governmental \n or nongovernmental emergency medical service organization that \n receives funds under this section to carry out a volunteer \n firefighter incentive program for a fiscal year shall submit to \n the Secretary a report on--\n ``(A) the use of such funds; and\n ``(B) the programs to recruit or retain volunteer \n firefighters carried out by the government, \n association, or organization during that fiscal year.\n ``(2) Reports from the secretary.--Not later than 1 year \n after the date of the enactment of the Volunteer Firefighter \n and EMS Support Act of 2008, and annually thereafter, the \n Secretary shall submit to Congress a report on--\n ``(A) the activities carried out under this section \n during the previous year; and\n ``(B) the status of programs to recruit and retain \n volunteer firefighters in the United States.''.","summary":"Volunteer Firefighter and EMS Support Act of 2008 - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Secretary of Homeland Security to establish a program to provide funds to a state or local government, nonprofit firefighter association, or governmental or nongovernmental emergency medical services (EMS) organization, that carries out a volunteer firefighter incentive program in accordance with this Act. Directs the Secretary, for each fiscal year in which a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization carries out a volunteer firefighter incentive program, to pay such government, association, or organization (organization), out of any money in the Treasury not otherwise appropriated for such fiscal year, a sum equal to the total expenditures of funds not received from the federal government made by such organization for that fiscal year to carry out the program. Declares that this constitutes budget authority in advance of appropriations Acts and represents the obligation of the federal government to provide payment to a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization any amount so provided. Requires reports from recipients, and from the Secretary annually, to Congress.","title":"A bill to support the recruitment and retention of volunteer firefighters and emergency medical services personnel, and for other purposes.","text_len":6709,"sum_len":1348} {"bill_id":"103_hr449","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Political Broadcasting Access Act of \n1993''.\n\nSEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE BROADCAST TIME FOR \n POLITICAL ADVERTISING.\n\n (a) Condition of License Renewal.--Section 309(h) of the \nCommunications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting \nbefore the period at the end thereof the following: ``; and (4) every \nbroadcast station license issued under this Act shall be subject to the \nfree broadcast time obligations imposed by section 315(c)''.\n (b) Free-Time Obligations.--Section 315 of the Communications Act \nof 1934 (47 U.S.C. 315) is amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following new \n subsection:\n ``(c)(1) Each license for a broadcasting station shall annually \nmake available free broadcast time for political advertising in \naccordance with the requirements of this subsection. The Commission \nshall not renew the license of any licensee who substantially fails or \nrefuses to comply with the requirements of this subsection, but such \nlicensee shall not be subject to any other sanction or remedy for such \nfailure or refusal.\n ``(2) A licensee subject to this subsection shall allot free \nbroadcast time to each qualified political party in accordance with the \nfollowing standards:\n ``(A) Such licensee shall allot an equal amount, but not \n less than 2 hours, of free broadcast time annually to--\n ``(i) the national organization of each qualified \n political party; and\n ``(ii) the State organization of each qualified \n political party of the State within which the \n preponderance of the station's audience resides.\n ``(B) The 2 or more hours of free broadcast time allotted \n to any organization under subparagraph (A) shall be composed of \n units of varying lengths of not more than 5 minutes nor less \n than 10 seconds, as determined by negotiation between such \n organization and the licensee.\n ``(C) The broadcast time allotted by any licensee shall be \n allotted so that--\n ``(i) at least one-half is broadcast during the \n hours of 7 to 10 p.m. on weekdays;\n ``(ii) during any even numbered year, at least two-\n thirds is broadcast during the two months immediately \n preceding election day and at least one-half is \n broadcast during the three weeks immediately preceding \n election day;\n ``(iii) each national organization of a qualified \n political party is allotted free broadcast time that is \n comparable, by time of day and day of week, to the time \n allotted to other such national organizations, and each \n State organization of a qualified political party is \n allotted free broadcast time that is comparable, by \n time of day and day of week, to the time allotted to \n other such State organizations.\n ``(3) A political party shall be treated as a qualified political \nparty for purposes of paragraph (2)(A) if the candidate for President \nof such party in the most recent presidential election received more \nthan 5 percent of the total number of votes cast by individuals for \nthat office, except that, in the case of any political party whose \ncandidate (as described in subparagraph (A) or (B)) received less than \n33\\1\/3\\ percent of such total votes, the amount of free broadcast time \nrequired to be allotted under clause (i) or (ii) of paragraph (2)(A) \nshall be reduced by 0.4 hours for each percent of such vote received \nthat is less than 33\\1\/3\\ percent.\n ``(4) A licensee allots free broadcast time as required by this \nsubsection by broadcasting the statements, presentations, \nannouncements, or other sounds or visual images requested to be \nbroadcast by a political organization without remuneration or \ncompensation in any form, whether by public or private funds, tax \ndeduction or credit, or otherwise.\n ``(5) Nothing in this subsection, and no use of free broadcast time \nallotted under this subsection, shall be construed to restrict or \notherwise affect the purchase of advertising time under subsection (b) \nof this section.''.\n\nSEC. 3. FREE CABLE TIME.\n\n Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is \namended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) A cable operator shall annually make available free cable \ntime for political advertising in accordance with the requirements of \nregulations prescribed by the Commission. Such regulations shall, to \nthe extent practicable, require each such cable operator to provide \nsuch free cable time in the same amounts and manner, to the same \neligible political organizations, and subject to the same conditions as \nfree broadcast time is required to be provided by broadcast station \nlicensees under section 315(c) of this Act. No franchise authority \nshall renew the franchise of any cable operator that fails to comply \nwith such regulations, but such operator shall not be subject to any \nother sanction or remedy for such failure or refusal.''.","summary":"Political Broadcasting Access Act of 1993 - Amends the Communications Act of 1934 to require each licensee for a broadcasting station to make available annually free broadcast time for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, and the hours of the day and the time of the year in which such free time must be allowed. Requires national political parties meeting certain minimum qualifying standards to be treated equally for purposes of such allotment. Provides that nothing in this Act shall restrict a candidate's or party's right to purchase other broadcast time on such station. Requires a cable operator to make available annually free cable time for political advertising under similar requirements. Prohibits the renewal of a franchise of any cable operator that fails to comply with such requirements.","title":"Political Broadcasting Access Act of 1993","text_len":5570,"sum_len":909} {"bill_id":"115_hr3479","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Secure Miles with All Resources and \nTechnology Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commissioner.--The term ``Commissioner'' means the \n Commissioner of U.S. Customs and Border Protection.\n (2) High traffic areas.--The term ``high traffic areas'' \n has the meaning given the term in section 102(e)(1) of the \n Illegal Immigration Reform and Immigrant Responsibility Act of \n 1996, as amended by section 102 of this Act.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Homeland Security.\n (4) Situational awareness.--The term ``situational \n awareness'' has the meaning given the term in section \n 1092(a)(7) of the National Defense Authorization Act for Fiscal \n Year 2017 (Public Law 114-328).\n\n TITLE I--INFRASTRUCTURE AND EQUIPMENT\n\nSEC. 101. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY \n ALONG THE SOUTHERN BORDER.\n\n Section 102 of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. \n1103 note) is amended--\n (1) in subsection (a)--\n (A) by inserting ``and border technology'' before \n ``in the vicinity of''; and\n (B) by striking ``illegal crossings in areas of \n high illegal entry into the United Sates'' and \n inserting ``, impede, and detect illegal activity in \n high traffic areas'';\n (2) in subsection (c)(1), by inserting ``and, pursuant to \n subsection (d), the installation, operation, and maintenance of \n technology'' after ``barriers and roads''; and\n (3) by adding at the end the following new subsections:\n ``(d) Installation, Operation, and Maintenance of Technology.--\n ``(1) In general.--Not later than January 20, 2021, the \n Secretary of Homeland Security, in carrying out subsection (a), \n shall deploy the most practical and effective technology \n available along the United States border for achieving \n situational awareness and operational control of the border.\n ``(2) Technology defined.--In this subparagraph, the term \n `technology' includes border surveillance and detection \n technology, including--\n ``(A) radar surveillance systems;\n ``(B) Vehicle and Dismount Exploitation Radars \n (VADER);\n ``(C) 3-dimensional, seismic acoustic detection and \n ranging border tunneling detection technology;\n ``(D) sensors;\n ``(E) unmanned cameras;\n ``(F) man-portable and mobile vehicle-mounted \n unmanned aerial vehicles; and\n ``(G) any other devices, tools, or systems found to \n be more effective or advanced than those specified in \n subparagraphs (A) through (F).\n ``(e) Definitions.--In this section:\n ``(1) High traffic areas.--The term `high traffic areas' \n means sectors along the northern, southern, or coastal border \n that--\n ``(A) are within the responsibility of U.S. Customs \n and Border Protection; and\n ``(B) have significant unlawful cross-border \n activity.\n ``(2) Situational awareness defined.--The term `situational \n awareness' has the meaning given the term in section 1092(a)(7) \n of the National Defense Authorization Act for Fiscal Year 2017 \n (Public Law 114-328).''.\n\nSEC. 102. COMPREHENSIVE SOUTHERN BORDER STRATEGY.\n\n (a) Comprehensive Strategy.--\n (1) Requirement.--Not later than 12 months after the date \n of the enactment of this Act, the Secretary shall submit to the \n Committee on Homeland Security of the House of Representatives \n and the Committee on Homeland Security and Governmental Affairs \n of the Senate a comprehensive Southern border strategy.\n (2) Contents.--The strategy submitted under paragraph (1) \n shall include--\n (A) a list of known physical barriers, \n technologies, tools, and other devices that can be used \n to achieve and maintain situational awareness and \n operational control (as such term is defined in section \n 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 \n note; Public Law 109-367)) along the southern border;\n (B) a projected per mile cost estimate for each \n physical barrier, technology, tool, and other device \n included on the list required under paragraph (1);\n (C) a detailed account of which type of physical \n barrier, technology, tool, or other device the \n Department believes is necessary to achieve and \n maintain situational awareness and operational control \n for each liner mile of the southern border;\n (D) an explanation for why such physical barrier, \n technology, tool, or other device was chosen to achieve \n and maintain situational awareness and operational \n control for each linear mile of the southern border, \n including--\n (i) the methodology used to determine which \n type of physical barrier, technology, tool, or \n other device was chosen for such linear mile;\n (ii) an examination of existing manmade and \n natural barriers for each linear mile of the \n southern border; and\n (iii) the information collected and \n evaluated from--\n (I) the appropriate U.S. Customs \n and Border Protection Sector Chief;\n (II) the Joint Task Force \n Commander;\n (III) the appropriate State \n Governor;\n (IV) local law enforcement \n officials;\n (V) private property owners; and\n (VI) other affected stakeholders;\n (E) a per mile cost calculation for each linear \n mile of the southern border given the type of physical \n barrier, technology, tool, or other device chosen to \n achieve and maintain operational control for each \n linear mile; and\n (F) a cost justification for each time a more \n expensive physical barrier, technology, tool, or other \n device is chosen over a less expensive option, as \n established by the per mile cost estimates required in \n subparagraph (B).\n\nSEC. 103. ERADICATION OF CARRIZO CANE AND SALT CEDAR.\n\n Not later than January 20, 2019, the Secretary, after coordinating \nwith the heads of relevant Federal, State, and local agencies, shall \nbegin eradicating the carrizo cane plant and any salt cedar along the \nRio Grande River.\n\n TITLE II--GRANTS\n\nSEC. 201. OPERATION STONEGARDEN.\n\n (a) In General.--Subtitle A of title XX of the Homeland Security \nAct of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 2009. OPERATION STONEGARDEN.\n\n ``(a) Establishment.--There is established in the Department a \nprogram, which shall be known as `Operation Stonegarden', under which \nthe Secretary, acting through the Administrator, shall make grants to \neligible law enforcement agencies, through the State administrative \nagency, to enhance border security in accordance with this section.\n ``(b) Eligible Recipients.--To be eligible to receive a grant under \nthis section, a law enforcement agency--\n ``(1) shall be located in--\n ``(A) a State bordering Canada or Mexico; or\n ``(B) a State or territory with a maritime border; \n and\n ``(2) shall be involved in an active, ongoing, U.S. Customs \n and Border Protection operation coordinated through a sector \n office.\n ``(c) Permitted Uses.--The recipient of a grant under this section \nmay use such grant for--\n ``(1) equipment, including maintenance and sustainment \n costs;\n ``(2) personnel, including overtime and backfill, in \n support of enhanced border law enforcement activities;\n ``(3) any activity permitted for Operation Stonegarden \n under the Department of Homeland Security's Fiscal Year 2017 \n Homeland Security Grant Program Notice of Funding Opportunity; \n and\n ``(4) any other appropriate activity, as determined by the \n Administrator, in consultation with the Commissioner of U.S. \n Customs and Border Protection.\n ``(d) Period of Performance.--The Secretary shall award grants \nunder this section to grant recipients for a period of not less than 36 \nmonths.\n ``(e) Report.--For each of the fiscal years 2018 through 2022, the \nAdministrator shall submit to the Committee on Homeland Security and \nGovernmental Affairs of the Senate and the Committee on Homeland \nSecurity of the House of Representatives a report that contains \ninformation on the expenditure of grants made under this section by \neach grant recipient.\n ``(f) Authorization of Appropriations.--There is authorized to be \nappropriated $110,000,000 for each of fiscal years 2018 through 2022 \nfor grants under this section.''.\n (b) Conforming Amendment.--Subsection (a) of section 2002 of the \nHomeland Security Act of 2002 (6 U.S.C. 603) is amended to read as \nfollows:\n ``(a) Grants Authorized.--The Secretary, through the Administrator, \nmay award grants under sections 2003, 2004, and 2009 to State, local, \nand tribal governments, as appropriate.''.\n (c) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by inserting after the \nitem relating to section 2008 the following new item:\n\n``Sec. 2009. Operation Stonegarden.''.\n\nSEC. 202. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT.\n\n (a) In General.--The Secretary, in consultation with the Governors \nof the States located on the southern border, shall establish a two-\nyear grant program to improve emergency communications in the southern \nborder region.\n (b) Eligibility for Grants.--An individual is eligible for a grant \nunder this section if the individual demonstrates that the individual--\n (1) regularly resides or works in a State on the southern \n border; and\n (2) is at greater risk of border violence due to a lack of \n cellular and LTE network service at the individual's residence \n or business and the individual's proximity to the southern \n border.\n (c) Use of Grants.--Grants awarded under this section may be used \nto purchase satellite telephone communications systems and services \nthat--\n (1) can provide access to 9-1-1 service; and\n (2) are equipped with receivers for the Global Positioning \n System.","summary":"Secure Miles with All Resources and Technology Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Department of Homeland Security (DHS) to deploy the most practical and effective technology available to achieve situational awareness and operational control along the US border. DHS shall submit to Congress a comprehensive southern border strategy, which shall include: (1) a list of known physical barriers, technologies, tools, and other devices to achieve situational awareness and operational control of the border and their related cost estimates. And (2) information from federal, state, local, and private sources. DHS shall begin eradicating the carrizo cane plant and salt cedar along the Rio Grande River. The Homeland Security Act of 2002 is amended to establish Operation Stonegarden in DHS to provide border security grants to law enforcement agencies: (1) in a state bordering Canada or Mexico or a maritime border state or territory, and (2) involved in an ongoing US Customs and Border Protection operation coordinated through a sector office. DHS shall establish a two-year grant program to improve emergency communications in the southern border region for individuals who: (1) reside or work in a southern border state, and (2) are at greater risk of violence due to border proximity and a lack of residential or business cellular and LTE network service. Such grants may be used to purchase satellite telephone communications systems and services that provide access to 9-1-1 service and that are equipped with Global Positioning System receivers.","title":"Secure Miles with All Resources and Technology Act","text_len":11706,"sum_len":1623} {"bill_id":"104_hr1969","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Superfund Site Public Health \nImprovement Act''.\n\nSEC. 2. PUBLIC HEALTH AT NPL FACILITIES.\n\n Section 104(i)(6) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)) is \namended as follows:\n (1) By amending subparagraph (A) to read as follows:\n ``(A) The Administrator of ATSDR shall perform a health assessment \nfor each facility, including those facilities owned by any department, \nagency, or instrumentality of the United States, on the National \nPriorities List established under section 105. The health assessment \nshall be commenced as soon as practicable after each facility is \nproposed for inclusion on the National Priorities List and shall be \ncompleted not later than the date of issuance of a remedial \ninvestigation and feasibility study for the facility to allow full \nconsideration in selecting the remedial action of the public health \nimplications of any release.''.\n (2) By amending subparagraph (D) to read as follows:\n ``(D)(i) The Administrator and the Administrator of ATSDR shall \ndevelop strategies to obtain relevant on-site and off-site \ncharacterization data for use in a health assessment. The Administrator \nshall, to the maximum extent practicable, provide the Administrator of \nATSDR with the data and information necessary to make health \nassessments sufficiently prior to the initiation of remedial actions to \nallow ATSDR to complete these assessments. Where deemed appropriate, \nthe Administrator of ATSDR shall provide to the Administrator as soon \nas practicable after site discovery, recommendations for sampling \nenvironmental media for hazardous substances of public health concern. \nTo the extent feasible, the Administrator shall incorporate such \nrecommendations into its site investigation activities.\n ``(ii) In order to improve community involvement in health \nassessments, the Administrator of ATSDR shall carry out each of the \nfollowing duties:\n ``(I) The Administrator of ATSDR shall actively collect \n data from residents of affected communities and from other \n sources in communities affected or potentially affected by \n releases of hazardous substances, pollutants, or contaminants \n regarding exposure, relevant human activities, and other \n factors.\n ``(II) The Administrator of ATSDR shall design health \n assessments that take into account the needs and conditions of \n the affected community. Community-based research models, \n building links to local expertise, and local health resources \n should be used. Each affected community shall be permitted to \n play an active and early role in reviewing health assessment \n designs. In preparing such designs, emphasis shall be placed on \n collection of actual exposure data and sources of multiple \n exposure shall be considered.''.\n\nSEC. 3. HEALTH STUDIES.\n\n Subparagraph (A) of section 104(i)(7) of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the \njudgment of the Administrator of ATSDR it is appropriate on the basis \nof the results of a health assessment or on the basis of other \nappropriate information, the Administrator of ATSDR shall conduct a \nhuman health study of exposure or other health effects for selected \ngroups or individuals in order to determine the desirability of \nconducting full scale epidemiologic or other health studies of the \nentire exposed population.''.\n\nSEC. 4. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL \n CENTERS.\n\n Paragraph (14) of section 104(i) of the Comprehensive Environmental \nResponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)) \nis amended to read as follows:\n ``(14) In implementing this subsection and other health-related \nprovisions of this Act in cooperation with the States, the \nAdministrator of ATSDR shall--\n ``(A) assemble, develop as necessary, and distribute to the \n States, medical colleges, physicians, nursing institutions, \n nurses, and other health professionals and medical centers, \n appropriate educational materials (including short courses) on \n the medical surveillance, screening, and methods of prevention, \n diagnosis, and treatment of injury or disease related to \n exposure to hazardous substances (giving priority to those \n listed in paragraph (2)), through means the Administrator of \n ATSDR considers appropriate; and\n ``(B) assemble, develop as necessary, and distribute to the \n general public and to at-risk populations appropriate \n educational materials and other information on human health \n effects of hazardous substances.''.\nSEC. 5. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.\n\n Section 104(i)(15) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is \namended as follows:\n (1) By inserting ``(A)'' before ``The activities''.\n (2) In the first sentence, by striking ``cooperative \n agreements with States (or political subdivisions thereof)'' \n and inserting ``grants, cooperative agreements, or contracts \n with States (or political subdivisions thereof), other \n appropriate public authorities, public or private institutions, \n colleges, universities, and professional associations giving \n consideration to those colleges and universities that are \n historically black colleges and universities and to other \n educational institutions that primarily serve minorities or \n represent the interests of affected communities''.\n (3) By adding at the end the following new subparagraphs:\n ``(B) When a health assessment is conducted at a facility on the \nNational Priorities List, or a release is being evaluated for inclusion \non the National Priorities List, the Administrator of ATSDR may provide \nthe assistance specified in this paragraph to public or private \nnonprofit entities, individuals, and community-based groups that may be \naffected by the release or threatened release of hazardous substances \nin the environment.\n ``(C) The Administrator of the Agency for Toxic Substances and \nDisease Registry, pursuant to the grants, cooperative agreements and \ncontracts referred to in this paragraph, is authorized and directed to \nprovide, where appropriate, health services to communities affected by \nthe release of hazardous substances. Such health services may include \ndiagnostic services, specialized treatment, health data registries and \npreventative public health education.''.\n\nSEC. 6. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.\n\n Section 121(c) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended \nin the first sentence by inserting after ``remedial action'' the second \ntime it appears the following: ``, including public health \nrecommendations and decisions resulting from activities under section \n104(i),''.","summary":"Superfund Site Public Health Improvement Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include US Government facilities on the National Priorities List (NPL) among those requiring a health assessment by the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR). Requires all health assessments to be commenced as soon as practicable after proposal for inclusion on the NPL and to be completed no later than the date of issuance of a remedial investigation and feasibility study. Directs the Administrator of the Environmental Protection Agency (EPA) and the ATSDR Administrator to develop strategies to obtain characterization data for use in health assessments. Requires the EPA Administrator to provide data sufficiently prior to initiation of remedial actions to allow ATSDR to complete its assessments and requires the ATSDR Administrator, where appropriate, to provide EPA as soon as practicable after site discovery with recommendations for sampling environmental media for hazardous substances of public health concern. Directs the ATSDR Administrator to improve community involvement in health assessments by: (1) collecting data from residents of affected communities and other sources in communities affected or potentially affected by hazardous substances, pollutants, or contaminants. And (2) designing assessments that take into account the needs and conditions of the community and permitting affected communities to play an active and early role in reviewing assessment designs. Directs the ATSDR Administrator to include other appropriate information as a basis for conducting human health studies of exposure or other health effects in order to determine whether to conduct full-scale epidemiological or other health studies of the exposed population. Revises provisions regarding distribution by ATSDR of educational materials concerning hazardous substance exposure to health professionals and medical centers to: (1) include nursing institutions and nurses as recipients of such materials, (2) add materials on methods of prevention. And (3) require distribution to the general public and at-risk populations of such materials and other information. Authorizes the ATSDR Administrator, in addition to using cooperative agreements, to carry out activities through grants to or contracts with States and political subdivisions, other public authorities, institutions, colleges, universities, and professional associations, giving consideration to historically black colleges and other educational institutions that primarily serve minorities or represent the interests of affected communities. Authorizes assistance, when a health assessment is conducted at a facility on the NPL or a release is being evaluated for inclusion on such list, to public and nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release. Authorizes and directs the provision of health services to affected communities. Requires the President to add to the review at least every five years of remedial actions that result in a site remaining contaminated a review of public health recommendations and decisions resulting from ATSDR activities.","title":"Superfund Site Public Health Improvement Act","text_len":7311,"sum_len":3271} {"bill_id":"114_hr2216","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Domestic Violence and \nStalking Victims Act''.\n\nSEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF \n DOMESTIC VIOLENCE'' EXPANDED.\n\n Section 921(a) of title 18, United States Code, is amended--\n (1) in paragraph (32)--\n (A) by striking ``and an individual'' and inserting \n ``an individual''; and\n (B) by inserting ``, or a dating partner (as \n defined in section 2266) or former dating partner'' \n before the period at the end; and\n (2) in paragraph (33)(A)(ii)--\n (A) by striking ``or by'' and inserting ``by''; and\n (B) by inserting ``, or by a dating partner (as \n defined in section 2266) or former dating partner of \n the victim'' before the period at the end.\n\nSEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.\n\n Section 922(d)(8) of title 18, United States Code, is amended to \nread as follows:\n ``(8) is subject to a court order described in subsection \n (g)(8); or''.\n\nSEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER \n PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM \n EXPANDED.\n\n Section 922(g)(8) of title 18, United States Code, is amended--\n (1) in the matter preceding subparagraph (A), by striking \n ``that'';\n (2) by striking subparagraphs (A) and (B) and inserting the \n following:\n ``(A)(i) that was issued after a hearing of which \n such person received actual notice, and at which such \n person had an opportunity to participate; or\n ``(ii) in the case of an ex parte order, relating \n to which notice and opportunity to be heard are \n provided--\n ``(I) within the time required by State, \n tribal, or territorial law; and\n ``(II) in any event within a reasonable \n time after the order is issued, sufficient to \n protect the person's right to due process;\n ``(B) that restrains such person from--\n ``(i) harassing, stalking, threatening, or \n engaging in other conduct that would put an \n individual in reasonable fear of bodily injury \n to such individual, including an order that was \n issued at the request of an employer on behalf \n of its employee or at the request of an \n institution of higher education on behalf of \n its student; or\n ``(ii) intimidating or dissuading a witness \n from testifying in court; and''; and\n (3) in subparagraph (C)--\n (A) by striking ``intimate partner or child'' each \n place it appears and inserting ``individual described \n in subparagraph (B)'';\n (B) in clause (i), by inserting ``that'' before \n ``includes''; and\n (C) in clause (ii), by inserting ``that'' before \n ``by its''.\n\nSEC. 5. STALKING PROHIBITIONS.\n\n (a) Sales or Other Dispositions of Firearms or Ammunition.--Section \n922(d) of title 18, United States Code, as amended by section 3 of this \nAct, is amended--\n (1) by striking ``or'' at the end of paragraph (8);\n (2) by striking the period at the end of paragraph (9) and \n inserting ``; or''; and\n (3) by inserting after paragraph (9) the following:\n ``(10) has been convicted in any court of--\n ``(A) a misdemeanor crime of stalking under \n Federal, State, territorial, or tribal law; or\n ``(B) a crime that involves conduct which would be \n prohibited by section 2261A if committed within the \n special maritime and territorial jurisdiction of the \n United States.''.\n (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of \nsuch title, as amended by section 4 of this Act, is amended--\n (1) by striking ``or'' at the end of paragraph (8);\n (2) by striking the comma at the end of paragraph (9) and \n inserting ``; or''; and\n (3) by inserting after paragraph (9) the following:\n ``(10) has been convicted in any court of--\n ``(A) a misdemeanor crime of stalking under \n Federal, State, territorial, or tribal law; or\n ``(B) a crime that involves conduct which would be \n prohibited by section 2261A if committed within the \n special maritime and territorial jurisdiction of the \n United States,''.","summary":"Protecting Domestic Violence and Stalking Victims Act Amends federal firearms provisions to expand the definition of: (1) quot, intimate partnerquot, to include a dating partner or former dating partner, and (2) quot, misdemeanor crime of domestic violencequot. To include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court. Or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.","title":"Protecting Domestic Violence and Stalking Victims Act","text_len":5104,"sum_len":1351} {"bill_id":"108_hr3282","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy America Commission Act of \n2003''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the ``Healthy \nAmerica Commission'' (in this Act referred to as the ``Commission'') .\n\nSEC. 3. DUTIES OF COMMISSION.\n\n The Commission shall conduct a study and, under section 6(b), \nsubmit a report on the following:\n (1) The total predicted societal costs of preventable \n diseases in the United States, disagreggated by the incidence \n and societal costs of each such disease.\n (2) The Federal Government's share of paying for the total \n predicted societal costs of preventable diseases in the United \n States during, at a minimum, the next 20 years.\n (3) The impact of preventable disease on society relative \n to the quality and affordability of health care.\n (4) The estimated costs and likely long-term savings \n resulting from a long-term disease prevention program, taking \n into consideration a series of scenarios regarding the \n program's scope and effectiveness.\n (5) Economic and other incentives throughout society for \n encouraging behavioral changes and personal responsibility.\n (6) Cost-benefit ratios for a broad series of disease \n prevention initiatives, including how far-reaching each \n initiative would be.\n (7) Target goals against which the Nation's progress under \n a long-term disease prevention program may be measured based on \n biannual achievement evaluations.\n (8) Procedures for monitoring the Nation's progress under a \n long-term disease prevention program and changes that may need \n to be made as the program proceeds.\n (9) Whether a series of pilot demonstration programs of \n various intensities should be undertaken before initiating a \n full-scale, comprehensive long-term disease prevention program \n for the Nation.\n (10) The efficiency of existing disease prevention programs \n and any corresponding need for expanded efforts.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 11 \nmembers, appointed by the President in consultation with the Speaker \nand the minority leader of the House of Representatives and the \nmajority leader and the minority leader of the Senate.\n (b) Terms.--Each member of the Commission shall serve for the life \nof the Commission.\n (c) Vacancies.--Any vacancy in the membership of the Commission \nshall be filled in the manner in which the original appointment was \nmade.\n (d) Pay.--Each member of the Commission shall be paid at a rate \nequal to the daily equivalent of the minimum annual rate of basic pay \npayable for level IV of the Executive Schedule under section 5315 of \ntitle 5, United States Code, for each day (including travel time) \nduring which the member is engaged in the actual performance of duties \nvested in the Commission.\n (e) Travel Expenses.--Each member of the Commission shall receive \ntravel expenses, including per diem in lieu of subsistence, in \naccordance with applicable provisions under subchapter I of chapter 57 \nof title 5, United States Code.\n (f) Chairperson.--The President shall designate the Chairperson of \nthe Commission from among the 11 members of the Commission.\n (g) Experts and Consultants.--The Commission may procure temporary \nand intermittent services, which may include the services of the Rand \nCorporation, under section 3109(b) of title 5, United States Code.\n (h) Meetings.--The Commission shall meet at the call of the \nChairperson or a majority of its members.\n\nSEC. 5. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n (c) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (d) Staff of Federal Agencies.--Upon the request of the Commission, \nthe head of any Federal department or agency may detail, on a \nreimbursable basis, any of the personnel of that department or agency \nto the Commission to assist it in carrying out its duties under this \nAct.\n (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (f) Gifts, Bequests, and Devises.--To the extent or in the amounts \nprovided in advance in appropriations Acts, the Commission may accept, \nuse, and dispose of gifts, bequests, and devises of services or \nproperty, both real and personal, for the purpose of aiding or \nfacilitating the work of the Commission. Gifts, bequests, or devises of \nmoney and proceeds from sales of other property received as gifts, \nbequests, or devises shall be deposited in the Treasury and shall be \navailable for disbursement upon order of the Commission.\n\nSEC. 6. REPORTS.\n\n (a) Interim Report.--Not later than 12 months after the date of the \nenactment of this Act, the Commission shall submit to the Congress, the \nPresident, and the Secretary of Health and Human Services an interim \nreport that contains such information as the Commission considers \nappropriate.\n (b) Final Report.--Not later than 2 years after the date of the \nenactment of this Act, the Commission shall submit a final report to \nthe Congress, the President, and the Secretary of Health and Human \nServices that contains a detailed statement of the findings and \nconclusions of the Commission, together with its recommendations for \nsuch legislation and administrative action as the Commission considers \nappropriate.\n\nSEC. 7. TERMINATION.\n\n The Commission shall terminate 90 days after submitting its final \nreport under section 6(b).\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$7,000,000 for the period of fiscal years 2005 through 2007.","summary":"Healthy America Commission Act of 2003 - Establishes the Healthy America Commission to study and report on the societal costs of preventable disease, including: (1) costs to the Federal government and health care system, (2) incentives for behavioral change. And (3) a cost-benefit analysis for a broad series of disease prevention initiatives.","title":"To establish the Healthy America Commission.","text_len":6548,"sum_len":344} {"bill_id":"106_hr4675","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``USDA \nAccountability and Equity Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND \n THEIR EMPLOYEES\n\nSec. 101. Membership requirements for county and area committees.\nSec. 102. Improved oversight of county, area, and community committee \n elections.\nSec. 103. Federal civil service status of county and area committee \n employees.\n TITLE II--IMPROVED PROGRAM EQUITY\n\nSec. 201. Participation of socially disadvantaged farmers and ranchers \n and other similarly situated farmers and \n ranchers in environmental quality \n incentives program.\nSec. 202. Grants to upgrade agricultural and food sciences facilities \n at 1890 land-grant colleges, including \n Tuskegee University.\nSec. 203. Funding of program of outreach and technical assistance to \n socially disadvantaged farmers.\nSec. 204. Funding of extension Indian reservation program.\nSec. 205. Funding of farm ownership and operating loan programs.\n\n TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND \n THEIR EMPLOYEES\n\nSEC. 101. MEMBERSHIP REQUIREMENTS FOR COUNTY AND AREA COMMITTEES.\n\n Effective 90 days after the date of the enactment of this Act, \nsection 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act \n(16 U.S.C. 590h(a)(5)(B)) is amended by striking clause (ii) and \ninserting the following:\n ``(ii)(I) A county or area committee shall consist of not \n fewer than 5 nor more than 7 members who are fairly \n representative of the agricultural producers in the county or \n area.\n ``(II) Except as provided in subclause (III), the members \n of a county or area committee shall be elected by the \n agricultural producers in such county or area under such \n procedures as the Secretary may prescribe.\n ``(III) 2 members shall be demographically representative \n of groups of agricultural producers in the county or area who, \n in the absence of appointment under this subclause, would be \n under-represented on the committee. The Secretary shall appoint \n these members based on recommendations made by the under-\n represented groups. If the Secretary makes such an appointment \n from among persons not so recommended, the Secretary shall \n provide the reasons therefor upon request.''.\n\nSEC. 102. IMPROVED OVERSIGHT OF COUNTY, AREA, AND COMMUNITY COMMITTEE \n ELECTIONS.\n\n (a) Uniform Guidelines.--The Secretary of Agriculture shall \nprescribe uniform guidelines for conducting elections for members and \nalternates of county and area committees established pursuant to \nsection 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 \nU.S.C. 590h(b)(5)), members and alternates of community committees so \nestablished, and delegates to local administrative area conventions and \ncounty conventions.\n (b) Certification of Election Results.--Effective 90 days after the \ndate of the enactment of this Act, section 8(a)(5)(B) of the Soil \nConservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is \namended by adding at the end the following new clause:\n ``(vi) Members elected pursuant to an election conducted under this \nsubparagraph shall not commence their term of service unless and until \nthe Secretary determines that--\n ``(I) the election fully complied with the laws, \n regulations, and guidlines applicable to the conduct of the \n election; and\n ``(II) the members-elect satisfy the eligibility \n requirements for committee membership.''.\n\nSEC. 103. FEDERAL CIVIL SERVICE STATUS OF COUNTY AND AREA COMMITTEE \n EMPLOYEES.\n\n (a) County Committee Employee Defined.--In this section, the term \n``county committee employee'' means an employee of a county or area \ncommittee employed pursuant to section 8(b)(5) of the Soil Conservation \nand Domestic Allotment Act (16 U.S.C. 590h(b)(5)).\n (b) Federal Civil Service Status.--On and after the effective date \nof this section, the civil service laws shall apply to all county \ncommittee employees, subject to such regulations as the Secretary may \nprescribe and the conversion options for existing county committee \nemployees provided by this section.\n (c) Conversion of Permanent County Committee Employees.--Subject to \nregulations of the Office of Personnel Management, a county committee \nemployee who is so employed on the effective date of this section under \nan appointment not limited to one year or less shall be converted to \nFederal civil service appointments, as follows:\n (1) A county committee employee who has completed 3 years \n of service shall be given a career civil service appointment.\n (2) A county committee employee who has completed less than \n 3 years of service shall be given a career-conditional civil \n service appointment. The period of permanent service as a \n county committee employee shall be counted when calculating the \n 3 years of service necessary for conversion to career civil \n service status.\n (d) Conversion of Temporary County Committee Employees.--Subject to \nregulations of the Office of Personnel Management, a county committee \nemployee who is so employed on the effective date of this section under \nan appointment of less than one year shall be converted to a temporary \nFederal civil service appointment.\n (e) Crediting Service as County Committee Employee.--Service as a \ncounty committee employee performed before the effective date of this \nsection shall be counted as creditable Federal service when determining \ntenure, time-in-grade eligibility, within-grade increases, and \nprobationary periods.\n (f) Reemployment Rights.--Subject to regulations of the Office of \nPersonnel Management, a former permanent county committee employee who, \nbefore the effective date of this section, was provided reemployment \npriority rights as a county committee employee due to being separated \nthrough reduction-in-force procedures established by the Secretary of \nAgriculture, may receive special selection priority for civil service \npositions in the Farm Service Agency for a period of 2 years after the \ndate of the employee's separation.\n (g) Conforming Amendments.--(1) Section 226 of the Department of \nAgriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended by \nstriking subsection (e).\n (2) Title 5, United States Code, is amended--\n (A) in section 3502(a)(4)(C)(i), by striking ``Soil \n Conservation and Allotment Act'' and inserting ``Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000,'';\n (B) in section 5306(a)(1)(C), by striking ``section 590h(b) \n of title 16'' and inserting ``section 8(b) of the Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000'';\n (C) in section 5334(e), by striking ``section 590h(b) of \n title 16'' and inserting ``section 8(b) of the Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000'';\n (D) in section 6312(a)(1), by striking ``Soil Conservation \n and Allotment Act'' and inserting ``Soil Conservation and \n Domestic Allotment Act (16 U.S.C. 590h(b)), before the \n effective date of section 102 of the USDA Accountability and \n Equity Act of 2000,'';\n (E) in section 8331(1)(F), by striking ``section 590h(b) of \n title 16'' and inserting ``section 8(b) of the Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000'';\n (F) in section 8701(a)(8), by striking ``section 590h(b) of \n title 16'' and inserting ``section 8(b) of the Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000''; and\n (G) in section 8901(1)(G), by striking ``section 590h(b) of \n title 16'' and inserting ``section 8(b) of the Soil \n Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), \n before the effective date of section 102 of the USDA \n Accountability and Equity Act of 2000''.\n (3) Section 8(b)(5)(E) of the Soil Conservation and Domestic \nAllotment Act (16 U.S.C. 590h(b)(5)(E)) is amended by striking the \nsecond and third sentences.\n (h) Effective Date.--This section and the amendments made by this \nsection shall take effect 180 days after the date of the enactment of \nthis Act.\n\n TITLE II--IMPROVED PROGRAM EQUITY\n\nSEC. 201. PARTICIPATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS \n AND OTHER SIMILARLY SITUATED FARMERS AND RANCHERS IN \n ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.\n\n (a) Inclusion of Definition.--Section 1201(a) of the Food Security \nAct of 1985 (16 U.S.C. 3801(a)) is amended--\n (1) by redesignating paragraphs (16), (17), and (18) as \n paragraphs (17), (18), and (19), respectively; and\n (2) by inserting after paragraph (15) the following new \n paragraph:\n ``(16) Socially disadvantaged farmer or rancher.--The term \n`socially disadvantaged farmer or rancher' means a farmer or rancher \nwho is a member of a socially disadvantaged group (as that term is \ndefined in section 355(e) of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 2003(e))), a farmer or rancher who has \nlimited resources, or a farmer or rancher who is a member of a \nfederally recognized Indian tribe.''.\n (b) Increased Funding; Availability of Funds.--Section 1241(b) of \nthe Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended--\n (1) in paragraph (1), by striking ``and $200,000,000 for \n each of fiscal years 1997 through 2002'' and inserting \n ``$200,000,000 for each of fiscal years 1997 through 2000, and \n $300,000,000 for each of fiscal years 2001 and 2002'';\n (2) in paragraph (2), by striking ``50 percent'' and \n inserting ``one-third''; and\n (3) by adding at the end the following new paragraphs:\n ``(3) Assistance for socially disadvantaged farmers and \n ranchers.--For each of fiscal years 2001 and 2002, one-third of \n the funding available for technical assistance, cost-share \n payments, incentives payments, and education under the \n environmental quality incentives program shall be targeted to \n increase assistance to socially disadvantaged farmers and \n ranchers.\n ``(4) Availability of funds.--Funds made available to the \n environmental quality incentives program through the Commodity \n Credit Corporation shall remain available until expended.''.\n (c) Priority for Assistance.--Section 1240C of the Food Security \nAct of 1985 (16 U.S.C. 3839aa-3) is amended--\n (1) in paragraph (2), by striking ``or'';\n (2) in paragraph (3), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following new paragraph:\n ``(4) are for operations owned or operated by a socially \n disadvantaged farmer or rancher.''.\n (d) Timing of Payments; Cost-Share Limitations.--Section 1240G of \nthe Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended--\n (1) in subsection (c), by striking ``may not be made by the \n Secretary until the subsequent fiscal year'' and inserting \n ``may be made by the Secretary during that fiscal year''; and\n (2) by adding at the end the following new subsection:\n ``(d) Waiver of Cost-Share Requirements.--In addition to subsection \n(b), the Secretary may waive or adjust the maximum rate of cost-share \nand incentive payments under subsection (a) in the case of a producer \nwho is a socially disadvantaged farmer or rancher.''.\n (e) Calculating Producer Contributions.--Section 1240B(e)(1) of the \nFood Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended by \nadding at the end the following new subparagraph:\n ``(D) In-kind contributions.--For purposes of \n calculating the producer's share of the cost of a \n structural practice, the Secretary may count \n contributions in labor, materials, or equipment when \n the producer is a socially disadvantaged farmer or \n rancher.''.\n\nSEC. 202. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES \n AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE \n UNIVERSITY.\n\n Section 1447(b) of the National Agricultural Research, Extension, \nand Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read \nas follows:\n ``(b) Appropriation.--\n ``(1) In general.--Out of any money in the Treasury of the \n United States not otherwise appropriated, there are \n appropriated to the Secretary of Agriculture $15,000,000 for \n fiscal year 2001 and for each succeeding fiscal year to carry \n out this section.\n ``(2) Availability.--Amounts appropriated under paragraph \n (1) shall remain available until expended.''.\n\nSEC. 203. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO \n SOCIALLY DISADVANTAGED FARMERS.\n\n Section 2501(a)(3) of the Food, Agriculture, Conservation, and \nTrade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows:\n ``(3) Appropriation.--Out of any money in the Treasury of \n the United States not otherwise appropriated, there are \n appropriated to the Secretary $10,000,000 for fiscal year 2001 \n and for each succeeding fiscal year to carry out this \n section.''.\n\nSEC. 204. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM.\n\n Section 1677(g) of the Food, Agriculture, Conservation, and Trade \nAct of 1990 (7 U.S.C. 5930(g)) is amended to read as follows:\n ``(g) Appropriation.--Out of any money in the Treasury of the \nUnited States not otherwise appropriated, there are appropriated to the \nSecretary $8,000,000 for fiscal year 2001 and for each succeeding \nfiscal year to carry out this section.''.\n\nSEC. 205. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS.\n\n Section 346(b)(1) of the Consolidated Farm and Rural Development \nAct (7 U.S.C. 1994(b)(1)) is amended by adding at the end the \nfollowing:\n ``(H) Additional funding.--Out of any money in the \n Treasury of the United States not otherwise \n appropriated, there are appropriated to the Secretary \n for fiscal year 2001 and for each succeeding fiscal \n year $585,000,000 for direct loans, of which--\n ``(i) $85,000,000 shall be for farm \n ownership loans under subtitle A; and\n ``(ii) $500,000,000 shall be for operating \n loans under subtitle B.''.","summary":"Directs the Secretary to prescribe uniform guidelines for conducting county and area committee elections. Provides for the conversion of permanent and temporary county committee employees to Federal civil service status. Title II: Improved Program Equity - Amends the Food Security Act of 1985 respecting the environmental quality incentives program to: (1) increase program funding, (2) reduce the livestock set-aside. And (3) give priority to, establish set-asides, and waive cost-share requirements for socially disadvantaged farmers and ranchers. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations for: (1) outreach and technical assistance programs for socially disadvantaged farmers and ranchers. And (2) Indian reservation extension education programs. Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans.","title":"USDA Accountability and Equity Act of 2000","text_len":15968,"sum_len":1090} {"bill_id":"111_s961","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Authorizing the Regulation of Swaps \nAct''.\n\nSEC. 2. REPEAL OF PROHIBITION ON CERTAIN REGULATION OF SWAP AGREEMENTS.\n\n The following provisions of law are repealed:\n (1) Sections 206A, 206B, and 206C of the Gramm-Leach-Bliley \n Act (15 U.S.C. 78c note).\n (2) Section 2A of the Securities Act of 1933 (15 U.S.C. \n 77b-1).\n (3) Section 17(d) of the Securities Act of 1933 (15 U.S.C. \n 77q(d)).\n (4) Section 3A of the Securities Exchange Act of 1934 (15 \n U.S.C. 78c-1).\n (5) Section 9(i) of the Securities Exchange Act of 1934 (15 \n U.S.C. 78i(i)).\n (6) Section 15(i) of the Securities Exchange Act of 1934 \n (15 U.S.C. 78o(i)), as added by section 303(f) of the Commodity \n Futures Modernization Act of 2000 (Public Law 106-554; 114 \n Stat. 2763A-455).\n (7) Section 16(g) of the Securities Exchange Act of 1934 \n (15 U.S.C. 78p(g)).\n (8) Section 20(f) of the Securities Exchange Act of 1934 \n (15 U.S.C. 78t(f)).\n (9) Section 21A(g) of the Securities Exchange Act of 1934 \n (15 U.S.C. 78u-1(g)).\n (10) Sections 301(b) and 304 of the Commodity Futures \n Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A-\n 451, 2763A-457).\n (11) Sections 403, 404, and 407 of the Legal Certainty for \n Bank Products Act of 2000 (7 U.S.C. 27a, 27b, 27e).\n (12) Subsection (d), subsection (g), and paragraphs (1) and \n (2) of subsection (h) of section 2 of the Commodity Exchange \n Act (7 U.S.C. 2).\n (13) Section 5d of the Commodity Exchange Act (7 U.S.C. 7a-\n 3).\n\nSEC. 3. AUTHORIZATION OF REGULATION AND OVERSIGHT REGARDING SWAP \n AGREEMENTS.\n\n (a) Authorization of Regulation and Oversight.--Notwithstanding any \nother provision of law, and subject to subsections (b) through (d), \neach Federal financial regulator may--\n (1) exercise oversight over--\n (A) any swap agreement that is entered into, \n purchased, or sold (or as to which the transaction, \n purchase, or sale is effected) by any financial \n institution, entity, or person (for its own account or \n for the account of others) that is subject to the \n jurisdiction of the Federal financial regulator; and\n (B) any swap agreement that is subject to the \n jurisdiction of the Federal financial regulator; and\n (2) promulgate, interpret, and enforce regulations, issue \n orders of general applicability, and impose disclosure, \n reporting, or recordkeeping requirements, procedures, or \n standards, relating to any swap agreement--\n (A) that is entered into, purchased, or sold (or as \n to which the transaction, purchase, or sale is \n effected) by any financial institution, entity, or \n person (for its own account or for the account of \n others) that is subject to the jurisdiction of the \n Federal financial regulator; and\n (B) that is subject to the jurisdiction of the \n Federal financial regulator.\n (b) Exchanges and Trading Facilities.--In carrying out subsection \n(a)--\n (1) the Securities and Exchange Commission (and not any \n other Federal financial regulator) shall exercise oversight and \n carry out regulatory or oversight activity over--\n (A) any exchange or clearing agency (as those terms \n are defined in section 3(a) of the Securities Exchange \n Act of 1934 (15 U.S.C. 78c(a)); and\n (B) any swap agreement traded on or cleared through \n such exchange or clearing agency; and\n (2) the Commodity Futures Trading Commission (and not any \n other Federal financial regulator) shall exercise oversight and \n carry out regulatory or oversight activity over--\n (A) any trading facility or registered entity (as \n those terms are defined in section 1a of the Commodity \n Exchange Act (7 U.S.C. 1a)); and\n (B) any swap agreement executed on, traded on, or \n cleared through such trading facility or registered \n entity.\n (c) Rules of Construction.--Nothing in this Act may be construed \nas--\n (1) limiting or reducing the authority of a Federal \n financial regulator in effect on the date of enactment of this \n Act with respect to swap agreements;\n (2) affecting the authority of the Commodity Futures \n Trading Commission under section 2(h)(3) or 4(c) of the \n Commodity Exchange Act (7 U.S.C. 2(h)(3), 6(c)), or affecting \n any exemption granted under that section 4(c); or\n (3) requiring any swap agreement to be--\n (A) conducted on or subject to the rules of a board \n of trade which has been designated or registered by the \n Commodity Futures Trading Commission as a contract \n market or derivatives transaction execution facility; \n or\n (B) traded through an exchange or broker or dealer \n registered or required to be registered under the \n Securities Exchange Act of 1934 (15 U.S.C. 78a et \n seq.).\n (d) Consistent Treatment of Swap Agreements.--Prior to taking \naction under subsection (a)(2), each Federal financial regulator shall \nconsult, work, and cooperate with other Federal financial regulators to \npromote consistency in the treatment of swap agreements.\n\nSEC. 4. DEFINITIONS.\n\n For the purposes of this Act, the following definitions shall \napply:\n (1) Federal financial regulator.--\n (A) In general.--The term ``Federal financial \n regulator'' means--\n (i) the Commodity Futures Trading \n Commission;\n (ii) the Federal Deposit Insurance \n Corporation;\n (iii) the Board of Governors of the Federal \n Reserve System;\n (iv) the National Credit Union \n Administration;\n (v) the Office of the Comptroller of the \n Currency;\n (vi) the Office of Thrift Supervision;\n (vii) the Securities and Exchange \n Commission; and\n (viii) any other Federal agency that is \n authorized under any provision of Federal law \n to regulate any financial institution or type \n or class of financial instrument or offering \n thereof.\n (2) Purchase; sale.--The terms ``purchase'' and ``sale'', \n when used with respect to a swap agreement, means the \n execution, termination (prior to its scheduled maturity date), \n assignment, exchange, or similar transfer or conveyance of, or \n extinguishing of rights or obligations under a swap agreement, \n as the context may require.\n (3) Swap agreement.--\n (A) In general.--The term ``swap agreement'' means \n any agreement, contract, or transaction between \n eligible contract participants (as defined in section \n 1a(12) of the Commodity Exchange Act (7 U.S.C. \n 1a(12))), the material terms of which (other than price \n and quantity) are subject to individual negotiation and \n that--\n (i) is a put, call, cap, floor, collar, or \n similar option of any kind for the purchase or \n sale of, or based on the value of, 1 or more \n interest or other rates, currencies, \n commodities, indices, quantitative measures, or \n other financial or economic interests or \n property of any kind;\n (ii) provides for any purchase, sale, \n payment, or delivery (other than a dividend on \n an equity security) that is dependent on the \n occurrence, nonoccurrence, or the extent of the \n occurrence of any event or contingency \n associated with a potential financial, \n economic, or commercial consequence;\n (iii) provides on an executory basis for \n the exchange, on a fixed or contingent basis, \n of 1 or more payments based on the value or \n level of 1 or more interest or other rates, \n currencies, commodities, securities, instrument \n of indebtedness, indices, quantitative \n measures, or other financial or economic \n interests or property of any kind, or any \n interest therein or based on the value thereof, \n and that transfers, as between the parties to \n the transactions, in whole or in part, the \n financial risk associated with a future change \n in any such value or level without also \n conveying a current or future direct or \n indirect ownership interest in an asset \n (including any enterprise or investment pool) \n or liability that incorporates the financial \n risk so transferred, including any such \n agreement, contract, or transaction commonly \n known as an ``interest rate swap'', including a \n rate floor, rate cap, rate collar, cross-\n currency rate swap, basis swap, currency swap, \n equity index swap, equity swap, debt index \n swap, debt swap, credit spread, credit default \n swap, credit swap, weather swap, or commodity \n swap;\n (iv) provides for the purchase or sale, on \n a fixed or contingent basis, of any commodity, \n currency, instrument, interest, right, service, \n good, articles, or property of any kind; or\n (v) is any combination or permutation of, \n or option on, any agreement, contract, or \n transaction described in any of clauses (i) \n through (iv).\n (B) Exclusions.--The term ``swap agreement'' does \n not include--\n (i) any put, call, straddle, option, or \n privilege on any security, certificate of \n deposit, or group or index of securities, \n including any interest therein or based on the \n value thereof;\n (ii) any put, call, straddle, option, or \n privilege entered into on a national securities \n exchange registered pursuant to section 6(a) of \n the Securities Exchange Act of 1934 (15 U.S.C. \n 78f(a)) relating to foreign currency;\n (iii) any agreement, contract, or \n transaction providing for the purchase or sale \n of 1 or more securities on a fixed basis;\n (iv) any agreement, contract, or \n transaction providing for the purchase or sale \n of 1 or more securities on a contingent basis, \n unless the agreement, contract, or transaction \n predicates the purchase or sale on the \n occurrence of a bona fide contingency that \n might reasonably be expected to affect or be \n affected by the creditworthiness of a party \n other than a party to the agreement, contract, \n or transaction;\n (v) any note, bond, or evidence of \n indebtedness that is a security; or\n (vi) any agreement, contract, or \n transaction that is--\n (I) based on a security; and\n (II) entered into directly or \n through an underwriter (as defined in \n section 2(a) of the Securities Act of \n 1933 (15 U.S.C. 77b(a))) by the issuer \n of the security for the purpose of \n raising capital, unless such agreement, \n contract, or transaction is entered \n into to manage a risk associated with \n capital raising.\n (C) Inclusion.--The term ``swap agreement'' \n includes a master agreement that provides for an \n agreement, contract, or transaction that is a swap \n agreement pursuant to subparagraphs (A) and (B), \n together with all supplements to any such master \n agreement, without regard to whether the master \n agreement contains an agreement, contract, or \n transaction that is not a swap agreement pursuant to \n subparagraphs (A) and (B), except that the master \n agreement shall be considered to be a swap agreement \n only with respect to each agreement, contract, or \n transaction under the master agreement that is a swap \n agreement pursuant to subparagraphs (A) and (B).\n (D) Meaning of security.--For purposes of this \n paragraph, the term ``security'' has the same meaning \n as in section 2(a)(1) of the Securities Act of 1933 (15 \n U.S.C. 77b(a)(1)) or section 3(a)(10) of the Securities \n Exchange Act of 1934 (15 U.S.C. 78c(a)(10)).\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n (a) Securities Act of 1933.--Section 17(a) of the Securities Act of \n1933 (15 U.S.C. 77q(a)) is amended by striking ``security-based swap \nagreement (as defined in section 206B of the Gramm-Leach-Bliley Act)'' \nand inserting ``swap agreement''.\n (b) Securities Exchange Act of 1934.--The Securities Exchange Act \nof 1934 (15 U.S.C. 78a et seq.) is amended--\n (1) by striking ``security-based swap agreement (as defined \n in section 206B of the Gramm-Leach-Bliley Act)'' each place \n that term appears and inserting ``swap agreement'';\n (2) by striking ``security-based swap agreements (as \n defined in section 206B of the Gramm-Leach-Bliley Act)'' each \n place that term appears and inserting ``swap agreements'';\n (3) in each of sections 9 and 16 (15 U.S.C. 78i, 78p)--\n (A) by striking ``security-based swap agreement'' \n each place that term appears and inserting ``swap \n agreement''; and\n (B) by striking ``security-based swap agreements'' \n each place that term appears and inserting ``swap \n agreements'';\n (4) in section 10(b) (15 U.S.C. 78j(b)), by striking \n ``securities-based swap agreement (as defined in section 206B \n of the Gramm-Leach-Bliley Act)'' and inserting ``swap \n agreement'';\n (5) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by \n striking ``security-based swap agreement (as defined in section \n 206(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note))'' \n and inserting ``swap agreement''; and\n (6) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by \n striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or \n 2(f)''.\n (c) Commodity Exchange Act.--\n (1) Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) \n is amended--\n (A) in paragraph (12)(A)(x), by striking ``or an \n exempt board of trade''; and\n (B) in paragraph (31), in the second sentence, by \n striking ``2(c), 2(d), 2(f), or 2(g) of this Act'' and \n inserting ``2(c) or 2(f)''.\n (2) Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is \n amended--\n (A) in subsection (c)(1), by striking ``5d,'';\n (B) in subsection (e)--\n (i) in paragraph (1), by striking \n ``2(d)(2), 2(g), or''; and\n (ii) in paragraph (2), by striking ``, or \n operating as an exempt board of trade'';\n (C) in subsection (h)(4)(A), by striking ``5d,''; \n and\n (D) in subsection (i)--\n (i) in paragraph (1)(A), by striking \n ``2(d), 2(e), 2(f), or 2(g)'' and inserting \n ``2(e), or 2(f)''; and\n (ii) in paragraph (2), by striking ``Act), \n 5b of this Act, or 5d of this Act'' and \n inserting ``Act) or 5b of this Act''.\n (3) Section 5a(g)(1) of the Commodity Exchange Act (7 \n U.S.C. 7a(g)(1)) is amended by striking ``2(c), 2(d), or 2(g)'' \n and inserting ``2(c)''.\n (4) Section 5b of the Commodity Exchange Act (7 U.S.C. 7a-\n 1) is amended--\n (A) in subsection (a)(1), by striking ``2(d), 2(f), \n or 2(g)'' and inserting ``or 2(f)''; and\n (B) in subsection (b), by striking ``2(c), 2(d), \n 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.\n (5) Section 12(e) of the Commodity Exchange Act (7 U.S.C. \n 16(e)) is amended--\n (A) in paragraph (1)(B)(i), by striking ``or exempt \n board of trade''; and\n (B) in paragraph (2)(B), by striking ``2(c), 2(d), \n 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.\n (d) Federal Deposit Insurance Corporation Improvement Act.--Section \n408(2)(C) of the Federal Deposit Insurance Corporation Improvement Act \nof 1991 (12 U.S.C. 4421(2)(C)) is amended by striking ``2(c), 2(d), \n2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.","summary":"Authorizing the Regulation of Swaps Act - Amends the Gramm-Leach-Bliley Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Futures Modernization Act of 2000, the Legal Certainty for Bank Products Act of 2000, and the Commodity Exchange Act to repeal prohibitions against regulation of credit default swaps and other swap agreements, whether traded on an exchange or over-the-counter, including commodity, equity, foreign currency, and interest rate swaps. Authorizes the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and specified other federal financial regulators to: (1) exercise oversight over any swap agreement entered into, purchased, or sold by any financial institution, entity, or person , and any swap agreement, that is subject to the regulator's jurisdiction. And (2) promulgate, interpret, and enforce regulations, issue orders of general applicability, and impose disclosure, reporting, or recordkeeping requirements relating to any such swap agreement. Grants the SEC sole oversight authority over: (1) any exchange or clearing agency. And (2) any swap agreement traded on or cleared through such exchange or clearing agency. Grants the CFTC sole oversight authority over: (1) any trading facility or registered entity. And (2) any swap agreement executed on, traded on, or cleared through such trading facility or registered entity.","title":"A bill to authorize the regulation of credit default swaps and other swap agreements, and for other purposes.","text_len":19392,"sum_len":1427} {"bill_id":"111_hr4586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage E-Verify Act of 2010''.\n\nSEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM.\n\n (a) Fannie Mae.--Subsection (b) of section 302 of the Federal \nNational Mortgage Association Charter Act (12 U.S.C. 1717(b)) is \namended by adding at the end the following new paragraph:\n ``(7)(A) Notwithstanding any other provision of law, the \ncorporation may not--\n ``(i) refinance, restructure, or modify, or otherwise \n authorize or enter into any agreement for the refinancing, \n restructuring, or modification of any single-family housing \n mortgage that is held by or that backs any security issued by \n the corporation, or\n ``(ii) purchase, or issue any security that is backed by, \n any single-family housing mortgage made for the refinancing, \n restructuring, or modification of the mortgagor's previous \n single-family housing mortgage on the same property,\n unless the identity and work eligibility of the mortgagor under \n such mortgage has been confirmed by an inquiry under \n subparagraph (B).\n ``(B) An inquiry under this subparagraph is an inquiry made through \nthe basic pilot program under section 403(a) of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; \ncommonly referred to as the E-Verify program). Notwithstanding any \nother provision of law, lenders for single-family housing mortgages and \nthe corporation may submit such inquiries regarding the identities and \nwork eligibility of mortgagors under such mortgages, and may be \nprovided confirmations and nonconfirmations pursuant to such inquiries, \nunder such basic pilot program.\n ``(C) For purposes of this paragraph, the term `single-family \nhousing mortgage' means a mortgage that is secured by a 1- to 4-family \nresidence.''.\n (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home \nLoan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding \nat the end the following new paragraph:\n ``(6)(A) Notwithstanding any other provision of law, the \nCorporation may not--\n ``(i) refinance, restructure, or modify, or otherwise \n authorize or enter into any agreement for the refinancing, \n restructuring, or modification of any single-family housing \n mortgage that is held by or that backs any security issued by \n the Corporation, or\n ``(ii) purchase, or issue any security that is backed by, \n any single-family housing mortgage made for the refinancing, \n restructuring, or modification of the mortgagor's previous \n single-family housing mortgage on the same property,\n unless the identity and work eligibility of the mortgagor under \n such mortgage has been confirmed by an inquiry under \n subparagraph (B)\n ``(B) An inquiry under this subparagraph is an inquiry made through \nthe basic pilot program under section 403(a) of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; \ncommonly referred to as the E-Verify program). Notwithstanding any \nother provision of law, lenders for single-family housing mortgages and \nthe Corporation may submit such inquiries regarding the identities and \nwork eligibility of mortgagors under such mortgages, and may be \nprovided confirmations and nonconfirmations pursuant to such inquiries, \nunder such basic pilot program.\n ``(C) For purposes of this paragraph, the term `single-family \nhousing mortgage' means a mortgage that is secured by a 1- to 4-family \nresidence.''.\n (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES.\n\n ``(a) Prohibition.--Notwithstanding any other provision of law, the \nSecretary may not--\n ``(1) authorize or enter into any agreement for the \n refinancing, restructuring, or modification of any single-\n family housing mortgage that is insured by the Secretary under \n this Act, or\n ``(2) insure any single-family housing mortgage made for \n the refinancing, restructuring, or modification of the \n mortgagor's previous single-family housing mortgage on the same \n property,\nunless the identity and work eligibility of the mortgagor under such \nmortgage has been confirmed by an inquiry under subsection (b).\n ``(b) E-Verify Inquiries.--An inquiry under this subsection is an \ninquiry made through the basic pilot program under section 403(a) of \nthe Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n(8 U.S.C. 1324a note; commonly referred to as the E-Verify program). \nNotwithstanding any other provision of law, lenders for single-family \nhousing mortgages and the Secretary may submit such inquiries regarding \nthe identities and work eligibility of mortgagors under such mortgages, \nand may be provided confirmations and nonconfirmations pursuant to such \ninquiries, under such basic pilot program.\n ``(c) Single-Family Housing Mortgage.--For purposes of this \nparagraph, the term `single-family housing mortgage' means a mortgage \nthat is secured by a 1- to 4-family residence.''.","summary":"Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation Act to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac. Or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property. Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.","title":"To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured under the National Housing Act, that the mortgagor be verified under the E-Verify program.","text_len":5350,"sum_len":1203} {"bill_id":"105_hr771","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Misclassification of Employees \nAct''.\n\nSEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS.\n\n (a) Waiver of Employment Tax Liability for Reasonable Good Faith \nMisclassification Based on Common Law Rules.--\n (1) In general.--Section 3509 of the Internal Revenue Code \n of 1986 (relating to determination of employer's liability for \n certain employment taxes) is amended by adding at the end the \n following new subsection:\n ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith \nMisclassification Based on Common Law Rules.--\n ``(1) In general.--For purposes of determining the \n liability of any taxpayer for employment taxes with respect to \n any individual for any period, such individual shall be deemed \n not to have been an employee of the taxpayer for such period \n if--\n ``(A) the taxpayer did not treat such individual as \n an employee for purposes of the employment taxes for \n such period,\n ``(B) the taxpayer's treatment of such individual \n as not being an employee was based on a reasonable good \n faith misapplication of the common law rules used for \n determining the employer-employee relationship,\n ``(C) all Federal tax returns (including \n information returns) required to be filed by the \n taxpayer with respect to such individual for such \n period were filed on a basis consistent with the \n taxpayer's treatment of such individual as not being an \n employee,\n ``(D) the taxpayer (and any predecessor) did not \n treat any other individual holding a substantially \n similar position as an employee for purposes of the \n employment taxes for any period beginning after \n December 31, 1977, and\n ``(E) the taxpayer enters into a closing agreement \n under section 7121 with the Secretary (in the time and \n manner determined by the Secretary) agreeing to treat \n such individual, and any other individual holding a \n substantially similar position, as employees and to \n file all Federal employment tax returns with respect to \n such individuals on a basis consistent with the \n taxpayer's treatment of such individuals as employees.\n ``(2) Definition and special rules.--\n ``(A) Employment tax.--For purposes of this \n subsection, the term `employment tax' means any tax \n imposed by this subtitle, including any interest, \n penalty, or additional amount with respect to such tax.\n ``(B) No refund or credit of overpayment.--No \n refund or credit of any overpayment of an employment \n tax resulting from the application of paragraph (1) \n shall be allowed, notwithstanding that the period for \n filing a claim for refund or credit of such overpayment \n is not barred on the effective date of this subsection.\n ``(3) Termination.--This subsection shall not apply if the \n closing agreement referred to in paragraph (1)(E) is entered \n into more than 1 year after the date of the enactment of this \n subsection.''\n (2) Monitoring of closing agreement required.--The \n Secretary of the Treasury or his delegate shall monitor \n compliance with each closing agreement referred to in section \n 3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by \n this section) for not less than 5 years after the date such \n agreement is entered into. Such monitoring shall include not \n only monitoring the payments made to the individuals specified \n in the agreement but also the aggregate wages paid to employees \n and the aggregate payments to independent contractors for \n services.\n (b) Modifications to Safe Harbor for Classifications of Individuals \nas Nonemployees.--\n (1) Requirement of reasonable basis.--Paragraph (1) of \n section 530(a) of the Revenue Act of 1978 (relating to \n controversies involving whether individuals are employees for \n purposes of the employment taxes) is amended by striking \n ``unless the taxpayer had no reasonable basis'' and inserting \n the following: ``if the taxpayer had a reasonable basis''.\n (2) Only recent employment tax audit is reasonable basis.--\n (A) In general.--Paragraph (2) of section 530(a) of \n the Revenue Act of 1978 is amended--\n (i) by striking the paragraph caption and \n inserting the following: ``Reasonable basis for \n not treating individual as employee.--'',\n (ii) in the matter preceding subparagraph \n (A)--\n (I) by striking ``in any case'', \n and\n (II) by inserting ``only'' before \n ``if the taxpayer's'', and\n (iii) by striking subparagraph (B) and \n inserting the following new subparagraph:\n ``(B)(i) an Internal Revenue Service audit of the \n taxpayer--\n ``(I) was conducted solely for employment \n tax purposes not more than 3 years before such \n period, and\n ``(II) included an examination for \n employment tax purposes of individuals holding \n positions substantially similar to the \n positions held by the individual involved,\n ``(ii) upon completion of such audit the taxpayer \n was notified in writing by the Internal Revenue Service \n that the treatment for employment tax purposes of the \n individuals referred to in clause (i)(II) was correct, \n and\n ``(iii) such notification is not revoked before \n such period; or''.\n (B) Conforming amendment.--Subparagraph (A) of \n section 530(e)(2) of the Revenue Act of 1978 (as \n amended by section 1121 of the Small Business Job \n Protection Act of 1996) is repealed.\n (c) Termination of Treatment of Certain Technical Personnel.--\nSubsection (d) of section 530 of the Revenue Act of 1978 is repealed.\n (d) Authority for Regulations and Rulings on Employment Status.--\nSubsection (b) of section 530 of the Revenue Act of 1978 is repealed.\n (e) Payors To Notify Service Providers of Consequences of \nEmployment Status.--\n (1) Section 6041 of such Code (relating to information at \n source) is amended by redesignating subsection (e) as \n subsection (f) and by inserting after subsection (d) the \n following new subsection:\n ``(e) Additional Information Required To Be Included on Statements \nCovering Payments for Services.--In the case of a statement required \nunder subsection (d) with respect to any payment for services, such \nstatement shall be treated as not satisfying the requirements of \nsubsection (d) unless such statement includes the following \ninformation:\n ``(1) The payor is treating the payee as not being an \n employee and the payee may be liable for self-employment tax.\n ``(2) If the payee believes that he should properly be \n treated as an employee, an explanation of the procedure for \n obtaining Internal Revenue Service review of his status.\n ``(3) The payee will not be eligible for any employee \n fringe benefits and may lose protections or benefits under \n Federal laws relating to fair labor standards, occupational \n health and safety, civil rights, unemployment insurance, and \n worker's compensation.\n ``(4) An explanation of tax benefits to the self-employed \n such as retirement plans and deduction for a portion of the \n cost of health insurance.''\n (2) Section 6041A of such Code (relating to returns \n regarding payments of remuneration for services and direct \n sales) is amended by redesignating subsection (f) as subsection \n (g) and by inserting after subsection (e) the following new \n subsection:\n ``(f) Additional Information Required To Be Included on \nStatements.--In the case of a statement required under subsection (e), \nsuch statement shall be treated as not satisfying the requirements of \nsubsection (e) unless such statement includes the information specified \nin paragraphs (1) through (4) of section 6041(e).''\n (f) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect beginning on \n the date which is 120 days after the date of the enactment of \n this Act.\n (2) Modifications to safe harbor; termination of treatment \n of technical personnel.--The amendments made by subsections (b) \n and (c) shall apply to periods ending on or after the date \n which is 120 days after the date of the enactment of this Act.\n\nSEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF \n UNEMPLOYMENT COMPENSATION PROGRAM.\n\n (a) Uniform Federal and State Definition of Employee.--Subsection \n(a) of section 3304 of the Internal Revenue Code of 1986 (relating to \nrequirements for approval of State unemployment compensation laws) is \namended by striking ``and'' at the end of paragraph (18), by \nredesignating paragraph (19) as paragraph (18), and by inserting after \nparagraph (18) the following new paragraph:\n ``(19) the determination of whether an individual is an \n employee of another person shall be made in accordance with \n section 3306(i); and''.\n (b) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect on the 180th \n day after the date of the enactment of this Act.\n (2) Special rule.--In the case of any State the legislature \n of which has not been in session for at least 30 calendar days \n (whether or not successive) between the date of the enactment \n of this Act and such 180th day, the amendments made by this \n section shall take effect 30 calendar days after the 1st day on \n which such legislature is in session on or after such 180th \n day.","summary":"Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes. (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship. (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee. (4) the employer did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977. And (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation.","title":"Misclassification of Employees Act","text_len":11118,"sum_len":1484} {"bill_id":"113_hr4560","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Service Members Student Loan Relief \nAct''.\n\nSEC. 2. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION WITH RECEIPT OF \n ORDERS FOR MOBILIZATION FOR WAR OR NATIONAL EMERGENCY.\n\n (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the \nHigher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--\n (1) in the matter preceding clause (i), by striking ``, \n during any period'';\n (2) in clause (i), by striking ``during which'' and \n inserting ``during any period during which'';\n (3) in clause (ii), by striking ``during which'' and \n inserting ``during any period during which'';\n (4) in clause (iii)--\n (A) by striking ``during which'' and inserting \n ``during any period during which''; and\n (B) in the matter following subclause (II), by \n striking ``or'' after the semicolon;\n (5) by redesignating clause (iv) as clause (vi);\n (6) by inserting after clause (iii) the following:\n ``(iv) in the case of any borrower who has \n received a call or order to duty described in \n subclause (I) or (II) of clause (iii), during \n the shorter of--\n ``(I) the period beginning on the \n date such call or order to duty is \n received by the borrower and ending on \n the first day of the service described \n in subclause (I) or (II) of clause \n (iii); and\n ``(II) the 180-day period preceding \n the first day of such service;\n ``(v) notwithstanding clause (iv)--\n ``(I) in the case of any borrower \n described in such clause whose call or \n order to duty is cancelled before the \n first day of the service described in \n subclause (I) or (II) of clause (iii) \n because of a personal injury in \n connection with training to prepare for \n such service, during the period \n described in clause (iv) and during an \n additional period equal to the duration \n of such service, as specified by or \n otherwise determined in the original \n call or order to duty; and\n ``(II) in the case of any borrower \n whose call or order to duty is \n cancelled before the first day of such \n service for a reason other than an \n injury described in subclause (I), \n during the period beginning on the date \n the call or order to duty is received \n by the borrower and ending on the date \n that is 14 days after such call or \n order to duty is cancelled; and''; and\n (7) in clause (vi) (as redesignated by paragraph (5)), by \n striking ``not in excess'' and inserting ``during any period \n not in excess''.\n (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of \n1965 (20 U.S.C. 1087e(f)(2)) is amended--\n (1) in the matter preceding subparagraph (A), by striking \n ``during any period'';\n (2) in subparagraph (A), by striking ``during which'' and \n inserting ``during any period during which'';\n (3) in subparagraph (B), by striking ``not in excess'' and \n inserting ``during any period not in excess'';\n (4) in subparagraph (C)--\n (A) by striking ``during which'' and inserting \n ``during any period during which''; and\n (B) in the matter following clause (ii), by \n striking ``or'' after the semicolon;\n (5) by redesignating subparagraph (D) as subparagraph (F);\n (6) by inserting after subparagraph (C) the following:\n ``(D) in the case of any borrower who has received \n a call or order to duty described in clause (i) or (ii) \n of subparagraph (C), during the shorter of--\n ``(i) the period beginning on the date such \n call or order to duty is received by the \n borrower and ending on the first day of the \n service described in clause (i) or (ii) of \n subparagraph (C); and\n ``(ii) the 180-day period preceding the \n first day of such service;\n ``(E) notwithstanding subparagraph (D)--\n ``(i) in the case of any borrower described \n in such subparagraph whose call or order to \n duty is cancelled before the first day of the \n service described in clause (i) or (ii) of \n subparagraph (C) because of a personal injury \n in connection with training to prepare for such \n service, during the period described in \n subparagraph (D) and during an additional \n period equal to the duration of such service, \n as specified by or otherwise determined in the \n original call or order to duty; and\n ``(ii) in the case of any borrower whose \n call or order to duty is cancelled before the \n first day of such service for a reason other \n than an injury described in clause (i), during \n the period beginning on the date the call or \n order to duty is received by the borrower and \n ending on the date that is 14 days after such \n call or order to duty is cancelled; and''; and\n (7) in subparagraph (F) (as redesignated by paragraph (5)), \n by striking ``not in excess'' and inserting ``during any period \n not in excess''.\n (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education \nAct of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--\n (1) in the matter preceding clause (i), by striking \n ``during any period'';\n (2) in clause (i), by striking ``during which'' and \n inserting ``during any period during which'';\n (3) in clause (ii), by striking ``not in excess'' and \n inserting ``during any period not in excess'';\n (4) in clause (iii), by striking ``during which'' and \n inserting ``during any period during which'';\n (5) by redesignating clauses (iv) and (v) as clauses (vi) \n and (vii), respectively;\n (6) by inserting after clause (iii) the following:\n ``(iv) in the case of any borrower who has received \n a call or order to duty described in subclause (I) or \n (II) of clause (iii), during the shorter of--\n ``(I) the period beginning on the date such \n call or order to duty is received by the \n borrower and ending on the first day of the \n service described in subclause (I) or (II) of \n clause (iii); and\n ``(II) the 180-day period preceding the \n first day of such service;\n ``(v) notwithstanding clause (iv)--\n ``(I) in the case of any borrower described \n in such clause whose call or order to duty is \n cancelled before the first day of the service \n described in subclause (I) or (II) of clause \n (iii) because of a personal injury in \n connection with training to prepare for such \n service, during the period described in clause \n (iv) and during an additional period equal to \n the duration of such service, as specified by \n or otherwise determined in the original call or \n order to duty; and\n ``(II) in the case of any borrower whose \n call or order to duty is cancelled before the \n first day of such service for a reason other \n than an injury described in subclause (I), \n during the period beginning on the date the \n call or order to duty is received by the \n borrower and ending on the date that is 14 days \n after such call or order to duty is \n cancelled;'';\n (7) in clause (vi) (as redesignated by paragraph (5)), by \n striking ``not in excess'' and inserting ``during any period \n not in excess''; and\n (8) in clause (vii) (as redesignated by paragraph (5)), by \n striking ``during which'' and inserting ``during any period \n during which''.\n (d) Rule of Construction.--Nothing in the amendments made by this \nsection shall be construed to authorize any refunding of any repayment \nof a loan.\n (e) Applicability.--The amendments made by this section shall apply \nwith respect to all loans made, insured, or guaranteed under title IV \nof the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et \nseq.) is further amended--\n (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-\n 2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and \n inserting ``clause (i)(I), (iv), or (v) of section \n 428(b)(1)(M)''; and\n (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking \n ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or \n 464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of \n section 428(b)(1)(M), subparagraph (C) or (D) of section \n 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.","summary":"Service Members Student Loan Relief Act - Amends title IV of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service. And (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation.","title":"Service Members Student Loan Relief Act","text_len":10982,"sum_len":835} {"bill_id":"103_hr4698","text":"SECTION 1. TERMINATION OF TOBACCO PRICE SUPPORT AND MARKETING QUOTAS.\n\n (a) Termination of Tobacco Price Support.--The Agricultural Act of \n1949 (7 U.S.C. 1421 et seq.) is amended--\n (1) in section 101 (7 U.S.C. 1441)--\n (A) in subsection (a), by striking ``tobacco \n (except as otherwise provided herein), corn,'' and \n inserting ``corn'';\n (B) by striking subsection (c); and\n (C) in subsection (d)(3), by striking ``, except \n tobacco,'';\n (2) by striking section 106 (7 U.S.C. 1445);\n (3) by striking section 106A (7 U.S.C. 1445-1);\n (4) by striking section 106B (7 U.S.C. 1445-2); and\n (5) in section 408 (7 U.S.C. 1428)--\n (A) in subsection (c), by striking ``tobacco,''; \n and\n (B) in subsection (d), by adding before the period \n at the end the following: ``or tobacco''.\n (b) Termination of Tobacco Marketing Quotas.--Part I (sections 311 \nthrough 320B) of subtitle B of title III of the Agricultural Adjustment \nAct of 1938 (7 U.S.C. 1311-1316) is repealed.\n (c) Conforming Amendments.--(1) Section 3 of Public Law 98-59 (7 \nU.S.C. 625) is repealed.\n (2) The Agricultural Adjustment Act of 1938 is further amended--\n (A) in section 301(b) (7 U.S.C. 1301(b))--\n (i) by striking paragraphs (3)(C), (10)(B), \n (14)(B), (14)(C), (14)(D), (15), (16)(B), and (17);\n (ii) in paragraph (6)(A), by striking ``tobacco,''\n (iii) in the undesignated subparagraphs in \n paragraph (7), by striking\n ``Tobacco (flue-cured), July 1-June 30;\n ``Tobacco (other than flue-cured), October 1-\n September 30;''\n (iv) in paragraph (11)(B), by striking ``and \n tobacco''; and\n (v) in paragraph (12), by striking ``tobacco,'';\n (B) in section 303 (7 U.S.C. 1303), by striking ``rice, or \n tobacco'' and inserting ``or rice''; and\n (C) in section 372(b) (7 U.S.C. 1372(b)), by striking \n ``Except as provided in section 320B, the amount'' in the third \n sentence and inserting ``The amount''.\n (3) Section 703 of Public Law 89-321 (7 U.S.C. 1316; 79 Stat. 1210) \nis amended by striking the second sentence.\n (4) The Act of July 12, 1952 (7 U.S.C. 1315; Chapter 709; 66 Stat. \n597), is repealed.\n (d) Effective Date and Application of Amendments.--The amendments \nmade by this section shall take effect on January 1, 1995. Beginning on \nthat date, the Secretary of Agriculture shall terminate all loan \nagreements entered into with tobacco producer associations under \nsection 106A of the Agricultural Adjustment Act of 1938 and provide for \nthe disposal of all funds in the No Net Cost Tobacco Fund of those \nassociations and the No Net Cost Tobacco Account of the Commodity \nCredit Corporation.\n (e) Continued Liability of Producers.--An amendment made by this \nsection shall not affect the liability of any person under any \nprovision of law as in effect before the effective date of this \nsection.\n\nSEC. 2. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES FOR \n TOBACCO PRODUCTS.\n\n (a) Deduction Disallowed.--Part IX of subchapter B of chapter 1 of \nthe Internal Revenue Code of 1986 (relating to items not deductible) is \namended by adding at the end the following new section:\n\n``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES \n FOR TOBACCO PRODUCTS.\n\n ``(a) In General.--No deduction otherwise allowable under this \nchapter shall be allowed for any amount paid or incurred as a consumer \nsales promotion for any tobacco product.\n ``(b) Consumer Sales Promotion.--For purposes of this section, the \nterm `consumer sales promotion' means any of the following:\n ``(1) All radio and television commercials, newspaper and \n magazine advertisements, billboards, posters, signs, decals, \n matchbook advertising, advertising in movie theaters, and \n point-of-purchase display material (except price information) \n used for--\n ``(A) promoting the sale of tobacco and tobacco \n products, or\n ``(B) informing or influencing the general public \n (or any segment thereof) with respect to tobacco and \n tobacco products.\n ``(2) Any of the following incurred or provided primarily \n for purposes described in paragraph (1):\n ``(A) Travel expenses (including meals and \n lodging).\n ``(B) Any amount attributable to goods or services \n of a type generally considered to constitute \n entertainment, amusement, or recreation or to the use \n of a facility in connection with the providing of such \n goods or services.\n ``(C) Gifts.\n ``(D) Other promotion expenses.\n ``(3) Advertising promotion allowances.\n ``(4) Premiums and samples.\n ``(5) Sponsorships of athletic, artistic, or other events \n under the registered brand name of a tobacco product unless the \n brand name is the name of a corporation in existence on July 1, \n 1994.\n ``(6) Marketing of nontobacco products or services bearing \n the registered brand name or logo of a tobacco product unless \n the brand name is the name of a corporation in existence on \n July 1, 1994.\n ``(7) Displaying the registered brand name or logo of a \n tobacco product on cars, boats, animals, or other sporting \n equipment or on nontobacco products or services which are sold \n unless the brand name is the name of a corporation in existence \n on July 1, 1994.\n ``(8) Payment to have a registered brand name of a tobacco \n product appear in a movie or play unless the brand name is the \n name of a corporation in existence on July 1, 1994.\n ``(c) Tobacco Product.--For purposes of this section, the term \n`tobacco product' means cigarettes, cigars, smokeless tobacco, pipe \ntobacco, or any similar tobacco product. For purposes of the preceding \nsentence, the terms `cigarette', `cigar', and `smokeless tobacco' have \nthe respective meanings given to such terms by section 5702.''\n (b) Conforming Amendment.--The table of sections for such part IX \nis amended by adding at the end thereof the following new item:\n\n ``Sec. 280I. Disallowance of deduction \n for certain advertising \n expenses for tobacco \n products.''\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act.\n\nSEC. 3. ESTABLISHMENT OF ANTI-TOBACCO USE TRUST FUND.\n\n (a) In General.--Subchapter A of chapter 98 of the Internal Revenue \nCode of 1986 (relating to trust fund code) is amended by adding at the \nend the following new section:\n\n``SEC. 9512. ANTI-TOBACCO USE TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Anti-Tobacco Use \nTrust Fund', consisting of such amounts as may be appropriated or \ncredited to such Trust Fund as provided in this section or section \n9602(b).\n ``(b) Transfers to Trust Fund.--There is hereby appropriated to the \nAnti-Tobacco Use Trust Fund amounts equivalent to 50 percent of the \nincrease in revenues to the Treasury attributable to section 280I \n(relating to disallowance of deduction for certain advertising expenses \nfor tobacco products).\n ``(c) Anti-Drugs in Schools Account.--\n ``(1) In general.--There is established in the Anti-Tobacco \n Use Trust Fund a separate account to be known as the `Anti-\n Drugs in Schools Account' consisting of such amounts as may be \n transferred or credited to such account as provided in this \n section or section 9602(b).\n ``(2) Transfers to account.--The Secretary of the Treasury \n shall transfer to the Anti-Drugs in Schools Account amounts \n equivalent to 50 percent of the amounts appropriated to the \n Anti-Tobacco Use Trust Fund under subsection (b).\n ``(3) Expenditures from account.--Amounts in the Anti-Drugs \n in Schools Account shall be available, as provided in \n appropriation Acts, for making expenditures for purposes of \n carrying out the programs developed under title V of the \n Elementary and Secondary Education Act of 1965.\n ``(d) Anti-Tobacco Use Advertising Account.--\n ``(1) In general.--There is established in the Anti-Tobacco \n Use Trust Fund a separate account to be known as the `Anti-\n Tobacco Use Advertising Account', consisting of such amounts as \n may be transferred or credited to such account as provided in \n this section or section 9602(b).\n ``(2) Transfers to account.--The Secretary of the Treasury \n shall transfer to the Anti-Tobacco Use Advertising Account \n amounts equivalent to 50 percent of the amounts appropriated to \n the Anti-Tobacco Use Trust Fund under subsection (b).\n ``(3) Expenditures from account.--Amounts in the Anti-\n Tobacco Use Advertising Account shall be available, as provided \n in appropriation Acts, for purposes of the program carried out \n under section 1709 of the Public Health Service Act.''\n (b) Clerical Amendment.--The table of sections for such subchapter \nA is amended by adding at the end thereof the following new item:\n\n ``Sec. 9512. Anti-Tobacco Use Trust \n Fund.''\n\nSEC. 4. ESTABLISHMENT OF ANTI-TOBACCO ADVERTISING CAMPAIGN.\n\n Title XVII of the Public Health Service Act (42 U.S.C. 300u et \nseq.) is amended by adding at the end the following section:\n\n ``anti-tobacco use advertising campaign\n\n ``Sec. 1709. With amounts available under section 9512(d) of the \nInternal Revenue Code of 1986 (relating to the Anti-Tobacco Use Trust \nFund), the Secretary shall carry out a program of advertising to \neducate the public on the risks to health that result from the use of \ntobacco products.''.","summary":"Amends the Agricultural Act of 1949 to terminate the tobacco price support program. Amends the Agricultural Adjustment Act of 1938 to terminate the tobacco marketing quota program. Amends the Internal Revenue Code to disallow the deduction for certain advertising expenses for tobacco products. Establishes in the Treasury the Anti-Tobacco Use Trust Fund. Establishes in the Fund: (1) the Anti-Drugs in Schools Account. And (2) the Anti-Tobacco Use Advertising Account. Transfers to the Fund and the Accounts specified revenues resulting from the tobacco advertising deduction disallowance. Amends the Public Health Service Act to establish a public education program about the health risks of tobacco products.","title":"To terminate price support and marketing quotas for tobacco, disallow the income tax deduction for certain advertising expenses for tobacco products, and to establish a trust fund to support anti-drugs and anti-tobacco use activities.","text_len":10688,"sum_len":711} {"bill_id":"107_s869","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Children's Act for \nResponsible Employment of 2001'' or ``CARE Act''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 \net seq.).\n\nSEC. 2. AGRICULTURAL EMPLOYMENT.\n\n Section 13(c) (29 U.S.C. 213(c)) is amended--\n (1) by striking paragraph (1) and inserting the following:\n ``(1) The provisions of section 12 relating to child labor shall \nnot apply to any employee employed in agriculture outside of school \nhours in the school district where such employee is living while he or \nshe is so employed, if such employee is employed by his or her parent, \ngrandparent, aunt, uncle, first cousin, or legal guardian, on a farm \nthat is owned or operated by such parent, grandparent, aunt, uncle, \nfirst cousin, or legal guardian.''; and\n (2) by striking paragraphs (2) and (4).\n\nSEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.\n\n (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is \namended in the first sentence--\n (1) by striking ``$10,000'' and inserting ``$15,000'';\n (2) by inserting after ``subject to a civil penalty of'' \n the following: ``not less than $500 and''.\n (b) Penalties for Violations Resulting in Serious Bodily Injury, \nSerious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by \nadding at the end the following:\n ``(f) Any employer who violates section 12 shall be liable for such \nlegal or equitable relief as may be appropriate where such violation \nresults in serious bodily injury to, serious illness, or the death of a \nminor. An action to recover such relief may be brought against any \nemployer in a Federal or State court of competent jurisdiction, without \nregard to the amount in controversy, by any employee subject to the \nprotections of section 12 or by the employee's legal guardian or the \nemployee's survivors. The court in such action shall, in addition to \nany other judgment awarded to the plaintiff, allow a reasonable \nattorney's fee to be paid by the defendant and the costs of the action. \nIf the employee, the employee's legal guardian, or the employee's \nsurvivors collect a judgment under this subsection and also seek \nrecovery for the same violation through State worker's compensation \nlaws, the provisions of this subsection shall not be construed to \nprohibit a State from electing to offset recovery obtained under this \nsubsection against recovery provided through such State worker's \ncompensation laws. A court, in a case described in the preceding \nsentence, may consider the amount recovered under any State worker's \ncompensation laws in awarding relief under this subsection.''.\n (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is \namended by adding at the end the following: ``Any person who violates \nthe provisions of section 15(a)(4), concerning oppressive child labor, \nshall on conviction be subject to a fine of not more than $15,000 \n(notwithstanding any provision of section 3571 of title 18, United \nStates Code, to the contrary), or to imprisonment for not more than 5 \nyears, or both, in the case of a willful or repeat violation that \nresults in or contributes to a fatality of a minor employee or a \npermanent disability of a minor employee, or a violation which is \nconcurrent with a criminal violation of any other provision of this Act \nor of any other Federal or State law.''.\n (d) Rule of Construction.--Nothing in the amendments made by this \nsection shall be construed to preempt any State law that provides \nprotections or remedies for employees that are greater than the \nprotections or remedies provided under such amendments.\n\nSEC. 4. REPORTING AND RECORD-KEEPING.\n\n Section 12 (29 U.S.C. 212) is amended by adding at the end the \nfollowing:\n ``(e)(1) The Secretary and the Director of the Bureau of the Census \nof the United States shall biannually compile data from respective \nState employment security agencies and from other sources in all the \nStates concerning--\n ``(A) the types of industries and occupations in which \n children under the age of 18 are employed; and\n ``(B) cases in which it was determined that children were \n employed in violation of this section.\n ``(2) Each employer who employs an individual in a State under the \nage of 18 shall report to the State employment security agency in the \nState on any injury to such individual that results in lost employment \ntime or any illness such individual incurred while at work. Such report \nshall include the age of the individual, the nature of the job in which \nthe individual is employed (including large-scale, commercial \nagriculture), the circumstances surrounding the injury or illness to \nsuch individual, and the report of the physician and health care \nfacility which dealt with such injury or illness.\n ``(3) Beginning on January 1, 2003, the Secretary, in conjunction \nwith the Secretary of Health and Human Services, shall issue a biannual \nreport on the status of child labor in the United States and its \nattendant safety and health hazards.''.\n\nSEC. 5. COORDINATION.\n\n Section 4 (29 U.S.C. 204) is amended by adding at the end the \nfollowing:\n ``(g) The Secretary shall encourage and establish closer working \nrelationships with non-governmental organizations and with State and \nlocal government agencies having responsibility for administering and \nenforcing labor and safety and health laws. Upon the request of the \nSecretary, and to the extent permissible under applicable law, State \nand local government agencies with information regarding injuries and \ndeaths of employees shall submit such information to the Secretary for \nuse as appropriate in the enforcement of section 12 and in the \npromulgation and interpretation of the regulations and orders \nauthorized by section 3(l). The Secretary may reimburse such State and \nlocal government agencies for such services.''.\n\nSEC. 6. REGULATIONS.\n\n Not later than ____ days after the date of enactment of this Act, \nthe Secretary of Labor shall promulgate regulations to carry out this \nAct and the amendments made by this Act. Such regulations shall take \neffect not later than ____ days after the date of such promulgation.\n\nSEC. 7. AUTHORIZATION.\n\n There is authorized to be appropriated to the Secretary of Labor \nsuch sums as may be necessary for to carry out this Act and the \namendments made by this Act.\n\nSEC. 8. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on the date on \nwhich the regulations promulgated under section 6 take effect.","summary":"Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment. Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Increases civil and criminal penalties for child labor violations. Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed. And (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work. Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.","title":"A bill to amend the Fair Labor Standards Act of 1938 to reform the provisions relating to child labor.","text_len":6895,"sum_len":1547} {"bill_id":"105_hr2640","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Partial Hospitalization Services \nIntegrity Act of 1997''.\n\nSEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.\n\n (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 \nU.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph \n(I)--\n (1) by striking ``and furnished'' and inserting \n ``furnished''; and\n (2) by inserting before the period the following: ``, and \n furnished other than in a skilled nursing facility or in an \n individual's personal residence''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to partial hospitalization services furnished on or after the \nfirst day of the third month beginning after the date of the enactment \nof this Act.\n\nSEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.\n\n Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C. \n1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows \nand inserting the following: ``entity that--\n ``(i) provides the mental health services described in \n paragraph (1) of section 1913(c) of the Public Health Service \n Act;\n ``(ii) meets applicable licensing or certification \n requirements for community mental health centers in the State \n in which it is located; and\n ``(iii) meets such additional conditions as the Secretary \n may specify to ensure (I) the health and safety of individuals \n being furnished such services, (II) the effective or efficient \n furnishing of such services, and (III) the compliance of such \n entity with the criteria described in such section.''.\n\nSEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION \n SERVICES.\n\n (a) In General.--With respect to each community mental health \ncenter that furnishes partial hospitalization services for which \npayment is made under title XVIII of the Social Security Act, the \nSecretary of Health and Human Services shall provide for periodic re-\ncertification to ensure that the provision of such services complies \nwith section 1913(c) of the Public Health Service Act.\n (b) Deadline for First Re-certification.--The first re-\ncertification under subsection (a) shall be completed not later than 1 \nyear after the date of the enactment of this Act.\n\nSEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION \n SERVICES.\n\n (a) Establishment of System.--Section 1833 of the Social Security \nAct (42 U.S.C. 1395l) is amended by inserting after subsection (o) the \nfollowing:\n ``(p)(1) The Secretary may establish by regulation a prospective \npayment system for partial hospitalization services provided by a \ncommunity mental health center or by a hospital to its outpatients. The \nsystem shall provide for appropriate payment levels for efficient \ncenters and take into account payment levels for similar services \nfurnished by other efficient entities.\n ``(2) A prospective payment system established pursuant to \nparagraph (1) shall provide for payment amounts for--\n ``(A) the first year in which such system applies, at a \n level so that, as estimated by the Secretary, the total \n aggregate payments under this part (including payments \n attributable to deductibles and coinsurance) are equal to the \n total aggregate payments that would have otherwise been made \n under this part if such system had not been implemented; and\n ``(B) each subsequent year, in an amount equal to the \n payment amount provided for under this paragraph for the \n preceding year updated by the percentage increase in the \n consumer price index for all urban consumers (all items; United \n States city average) for the 12-month period ending with \n September of that preceding year.''.\n (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C. \n1395cc(a)(2)(A)) is amended by adding at the end the following: ``In \nthe case of services described in section 1832(a)(2)(J), clause (ii) of \nthe first sentence of this subparagraph shall be applied by \nsubstituting the payment basis established under section 1833(p) for \nthe reasonable charges.''.\n (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42 \nU.S.C. 1395k(a)(2)) is amended--\n (A) in subparagraph (B), by striking ``or subparagraph \n (I)'' and inserting ``, (I), or (J)''; and\n (B) in subparagraph (J), by striking ``provided by a \n community mental health center (as described in section \n 1861(ff)(2)(B))''.\n (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended--\n (A) in paragraph (2) preceding subparagraph (A), by \n striking ``(H), and (I)'' and inserting ``(H), (I), and (J)'';\n (B) by striking ``and'' at the end of paragraph (8);\n (C) by striking the period at the end of paragraph (9) and \n inserting ``; and''; and\n (D) by adding at the end the following new paragraph:\n ``(10) in the case of partial hospitalization services, 80 \n percent of the payment basis under the prospective payment \n system established under section 1833(p).''.\n (d) Effective Date.--The amendments made by subsections (b) and (c) \napply to services furnished on or after January 1 of the first year \nthat begins at least 6 months after the date on which regulations are \nissued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as \ninserted by subsection (a).\n\nSEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES.\n\n (a) Establishment.--\n (1) In general.--The Secretary of Health and Human Services \n shall implement a demonstration project (in this section \n referred to as the ``project'') under part B of title XVIII of \n the Social Security Act under which community mental health \n centers may offer expanded partial hospitalization services \n (described in paragraph (2)) for purposes of providing for a \n full continuum of ambulatory behavioral health care services.\n (2) Additional mental health services described.--For \n purposes of paragraph (1), the expanded partial hospitalization \n services are outpatient mental health services and such other \n mental health services as the Secretary determines appropriate \n which are not partial hospitalization services as defined in \n section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)).\n (b) Selection of Centers.--For purposes of implementing such \nproject, the Secretary shall select for participation in the project \ncommunity mental health centers that serve populations in 3 different \nStates, 1 of which predominantly serves rural populations.\n (c) Capitated Payment.--Under this project, payment for expanded \npartial hospitalization services shall be made on a capitated basis.\n (d) Waiver Authority.--The Secretary may waive such provisions of \ntitle XVIII of the Social Security Act as the Secretary deems necessary \nto conduct the project established under this section.\n (e) Evaluation and Report.--\n (1) Evaluation.--The Secretary shall evaluate the project. \n Such evaluation shall include an examination of--\n (A) the project's effect on the health and well-\n being of beneficiaries;\n (B) any savings to the medicare program by reason \n of capitated payments for partial hospitalization \n services;\n (C) the impact of basing payment for such services \n on a capitated basis; and\n (D) the project's effect on utilization of \n inpatient services (including inpatient mental health \n services) and associated costs.\n (2) Report.--Not later than 4 years after the date of the \n enactment of this Act, the Secretary shall submit to Congress a \n report containing a statement of the findings and conclusions \n of the Secretary pursuant to the evaluation conducted under \n paragraph (1), together with any recommendations for \n legislation the Secretary considers appropriate with respect \n to--\n (A) the provision of additional mental health \n services by community mental health centers under \n partial hospitalization services; and\n (B) payment for such services on a capitated basis.\n (f) Duration.--The project shall be conducted for a 3 year period.","summary":"Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) deny coverage of partial hospitalization services in home and skilled nursing home settings. (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services. And (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients. Directs the Secretary to: (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act. And (2) implement a demonstration project under Medicare part B under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services.","title":"Partial Hospitalization Services Integrity Act of 1997","text_len":8740,"sum_len":1186} {"bill_id":"107_hr1093","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Value-Added Development Act for \nAmerican Agriculture''.\n\nSEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.\n\n (a) Purposes.--The purposes of this section are to carry out a \ndemonstration program under which agricultural producers are provided--\n (1) technical assistance, including engineering services, \n applied research, scale production, and similar services to \n enable the producers to establish businesses for further \n processing of agricultural products;\n (2) marketing, market development, and business planning;\n (3) overall organizational, outreach, and development \n assistance to increase the viability, growth, and \n sustainability of value-added agricultural businesses.\n (b) Nature of Program.--The Secretary of Agriculture (in this \nsection referred to as the ``Secretary'') shall--\n (1) make grants to eligible applicants for the purposes of \n enabling the applicants to obtain the assistance described in \n subsection (a); and\n (2) provide assistance to eligible applicants through the \n research and technical services of the Department of \n Agriculture.\n (c) Eligibility Requirements.--\n (1) In general.--An applicant shall be eligible for a grant \n and assistance described in subsection (b) to establish an \n Agriculture Innovation Center if--\n (A) the applicant--\n (i) has provided services similar to those \n described in subsection (a); or\n (ii) shows the capability of providing the \n services;\n (B) the application of the applicant for the grant \n and assistance sets forth a plan, in accordance with \n regulations which shall be prescribed by the Secretary, \n outlining support of the applicant in the agricultural \n community, the technical and other expertise of the \n applicant, and the goals of the applicant for \n increasing and improving the ability of local producers \n to develop markets and processes for value-added \n agricultural products;\n (C) the applicant demonstrates that resources (in \n cash or in kind) of definite value are available, or \n have been committed to be made available, to the \n applicant, to increase and improve the ability of local \n producers to develop markets and processes for value-\nadded agricultural products; and\n (D) the applicant meets the requirement of \n paragraph (2).\n (2) Board of directors.--The requirement of this paragraph \n is that the applicant shall have a board of directors comprised \n of representatives of the following groups:\n (A) The 2 general agricultural organizations with \n the greatest number of members in the State in which \n the applicant is located.\n (B) The Department of Agriculture or similar State \n organization or department, for the State.\n (C) Organizations representing the 4 highest \n grossing commodities produced in the State, according \n to annual gross cash sales.\n (d) Grants and Assistance.--\n (1) In general.--Subject to the availability of \n appropriations, the Secretary shall make annual grants to \n eligible applicants under this section, each of which grants \n shall not exceed the lesser of--\n (A) $1,000,000; or\n (B) twice the dollar value of the resources (in \n cash or in kind) that the applicant has demonstrated \n are available, or have been committed to be made \n available, to the applicant in accordance with \n subsection (c)(1)(C).\n (2) Initial limitation.--In the first year of the \n demonstration program under this section, the Secretary shall \n make grants under this section, on a competitive basis, to not \n more than 10 eligible applicants.\n (3) Expansion of demonstration program.--In the second year \n of the demonstration program under this section, the Secretary \n may make grants under this section to not more than 10 eligible \n applicants, in addition to any entities to which grants are \n made under paragraph (2) for such year.\n (4) State limitation.--In the first 3 years of the \n demonstration program under this section, the Secretary shall \n not make a Agricultural Innovation Center Demonstration Program \n grant under this section to more than 1 entity in any State.\n (e) Use of Funds.--An entity to which a grant is made under this \nsection may use the grant only for the following purposes:\n (1) Applied research.\n (2) Consulting services.\n (3) Office equipment.\n (4) Hiring of employees, at the discretion of the board of \n directors of the entity.\n (5) The making of matching grants, each of which shall be \n not more than $5,000, to agricultural producers, so long as the \n aggregate amount of all such matching grants shall be not more \n than $50,000.\n (6) Legal services.\n (f) Limitations on Authorization of Appropriations.--For grants and \nassistance under this section, there are authorized to be appropriated \nto the Secretary not more than--\n (1) $10,000,000 for fiscal year 2002;\n (2) $20,000,000 for each of fiscal years 2003 and 2004.\n (g) Report on Best Practices.--\n (1) Effects on the agricultural sector.--The Secretary \n shall utilize $300,000 per year of the funds appropriated \n pursuant to this section to support research at a land-grant \n university into the effects of value-added projects on \n agricultural producers and the commodity markets. The research \n should systematically examine possible effects on demand for \n agricultural commodities, market prices, farm income, and \n Federal outlays on commodity programs using linked, long-term, \n global projections of the agricultural sector.\n (2) Department of agriculture.--Not later than 3 years \n after the first 10 grants are made under this section, the \n Secretary shall prepare and submit to the Committee on \n Agriculture, Nutrition, and Forestry of the Senate and to the \n Committee on Agriculture of the House of Representatives a \n written report on the effectiveness of the demonstration \n program conducted under this section at improving the \n production of value-added agricultural products and on the \n effects of the program on the economic viability of the \n producers, which shall include the best practices and \n innovations found at each of the Agriculture Innovation Centers \n established under the demonstration program under this section, \n and detail the number and type of agricultural projects \n assisted, and the type of assistance provided, under this \n section.","summary":"Value-Added Development Act for American Agriculture - Directs the Secretary of Agriculture to make grants to eligible applicants for an agricultural innovation center demonstration program to assist value-added agricultural businesses. Authorizes up to ten initial grants. Sets forth permitted fund uses.","title":"To provide for grants to assist value-added agricultural businesses.","text_len":7516,"sum_len":305} {"bill_id":"115_hr1574","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Dissenting Viewpoints and \nVoices Act of 2017''.\n\nSEC. 2. VIEWPOINT PROTECTION.\n\n (a) Actions by FCC.--Title I of the Communications Act of 1934 (47 \nU.S.C. 151 et seq.) is amended by adding at the end the following:\n\n``SEC. 13. VIEWPOINT PROTECTION.\n\n ``(a) Prohibition Against Retaliation on Basis of Viewpoint.--The \nCommission may not revoke any license or other authorization of, or \notherwise take action against, any person on the basis, in whole or in \npart, of viewpoints taken, or not taken, on issues of public importance \nin content that is broadcast or otherwise disseminated by such person \nor any person affiliated with such person.\n ``(b) Prohibition Against Conditions on Viewpoint in Transaction \nReview.--The Commission may not place on any approval under subsections \n(a), (b), and (c) of section 214 or section 310(d) any condition with \nrespect to viewpoints to be taken, or not taken, on issues of public \nimportance in content broadcast or otherwise disseminated by the person \nseeking such approval, any successor of such person, or any person \naffiliated with such person or successor.\n ``(c) No Effect on Certain Other Authority of Commission.--Nothing \nin this section shall be construed to affect the authority of the \nCommission to take action on the basis of, or to place a condition on \nan approval described in subsection (b) with respect to--\n ``(1) a violation of--\n ``(A) section 1304 of title 18, United States Code, \n or conduct that would constitute a violation of such \n section if content disseminated by means other than \n radio or television broadcast were disseminated by \n means of radio or television broadcast;\n ``(B) section 1343 of such title; or\n ``(C) section 1464 of such title, or conduct that \n would constitute a violation of such section if content \n disseminated by means other than radio communication \n were disseminated by means of radio communication;\n ``(2) a violation of, or conduct that the Commission has \n the authority to require or prohibit under, section 312(a)(7), \n 315, or 317 of this Act;\n ``(3) any public interest obligation under this Act of the \n person broadcasting or otherwise disseminating the content \n involved; or\n ``(4) the broadcast or other dissemination of content that \n constitutes incitement under the First Amendment to the \n Constitution.''.\n (b) Actions at Direction of President.--\n (1) Retaliation on basis of viewpoint.--The President may \n not direct an agency to take any action against any person on \n the basis, in whole or in part, of viewpoints taken, or not \n taken, on issues of public importance in content that is \n broadcast or otherwise disseminated by such person or any \n person affiliated with such person.\n (2) Conditions on approvals or other decisions.--The \n President may not direct an agency to place on any approval or \n other decision within the jurisdiction of the agency any \n condition with respect to viewpoints to be taken, or not taken, \n on issues of public importance in content broadcast or \n otherwise disseminated by the person seeking such approval or \n other decision, any successor of such person, or any person \n affiliated with such person or successor.\n (3) No effect on certain other authority of president.--\n Nothing in this subsection shall be construed to affect the \n authority of the President--\n (A) to direct an agency to take action on the basis \n of, or to place a condition on an approval or other \n decision within the jurisdiction of the agency, with \n respect to--\n (i) a violation of--\n (I) section 1304 of title 18, \n United States Code, or conduct that \n would constitute a violation of such \n section if content disseminated by \n means other than radio or television \n broadcast were disseminated by means of \n radio or television broadcast;\n (II) section 1343 of such title; or\n (III) section 1464 of such title, \n or conduct that would constitute a \n violation of such section if content \n disseminated by means other than radio \n communication were disseminated by \n means of radio communication; or\n (ii) the broadcast or other dissemination \n of content that constitutes incitement under \n the First Amendment to the Constitution; or\n (B) to execute the duties of the President under \n any provision of law.\n (4) Agency defined.--In this subsection, the term \n ``agency'' has the meaning given such term in section 551 of \n title 5, United States Code.","summary":"Protecting Dissenting Viewpoints and Voices Act of 2017 This bill amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from using the viewpoints that a person broadcasts or otherwise disseminates on issues of public importance as a basis for: (1) revoking the person's licenses or authorizations, (2) taking action against the person. Or (3) placing conditions on the FCC's approval of the assignment or transfer of a station license or construction permit or the construction, extension, acquisition, operation, or discontinuation of a communications line. The bill also prohibits the President from directing an agency to take actions against a person, or to condition agency approvals, based on a person's broadcasted or disseminated viewpoints. Nothing in this bill affects the authority of the FCC or the President to take action against violations concerning the broadcast of: (1) obscene or indecent language, fraudulent schemes, or lottery information. Or (2) content constituting incitement under the First Amendment. The FCC may continue to enforce broadcast requirements that: (1) permit candidates to federal elective office to purchase reasonable broadcast time, (2) allow equal broadcast opportunities for all candidates for public office, and (3) require disclosures of paid broadcasts. The President may continue to direct agencies to take actions to execute the President's legal duties.","title":"Protecting Dissenting Viewpoints and Voices Act of 2017","text_len":5548,"sum_len":1445} {"bill_id":"111_s1273","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National MS and Parkinson's Disease \nRegistries Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Multiple sclerosis (referred to in this section as \n ``MS'') is a progressive, disabling disease that affects the \n brain and the spinal cord causing loss of myelin, damage to \n axons, and cerebral atrophy.\n (2) MS is a prime-of-life disease with an average age of \n onset at 30 to 35 years of age.\n (3) More than 10,000 individuals in the United States are \n diagnosed with MS annually, and it is thought that more than \n 400,000 individuals in the United States have MS.\n (4) Parkinson's disease is a chronic, progressive \n neurological disease. The primary pathologic feature of \n Parkinson's disease is degeneration and premature death of \n dopamine-producing brain cells.\n (5) Parkinson's is the second-most common neurodegenerative \n disease in the United States.\n (6) It is estimated that more than 1,000,000 Americans are \n currently fighting Parkinson's disease, and 60,000 Americans \n are newly diagnosed every year.\n (7) Although estimates exist, there is no confirmed data \n regarding prevalence or diagnosed cases of Parkinson's disease \n or MS.\n (8) The causes of Parkinson's disease and MS are not well \n understood.\n (9) There is no known cure for Parkinson's disease or MS.\n (10) Studies have found relationships between both MS and \n Parkinson's disease and environmental and genetic factors, but \n those relationships are not well understood.\n (11) Better data are needed to understand the economic \n impact of Parkinson's disease, MS, and other neurological \n diseases.\n (12) There are several drugs currently approved by the Food \n and Drug Administration for the treatment of MS, which have \n shown modest success in reducing relapses, slowing progression \n of disability, and limiting the accumulation of brain lesions.\n (13) Currently, state-of-the-art treatment for Parkinson's \n disease is based on a 40-year-old pharmaceutical therapy, which \n only treats some of the motor symptoms of Parkinson's disease. \n Deep brain stimulation surgery is available for certain \n patients and treats some symptoms of Parkinson's disease.\n (14) No therapies exist that will slow or stop progression \n of Parkinson's disease. There is no effective, lasting therapy \n for all features of Parkinson's disease.\n (15) Central nervous system drugs, including therapies for \n MS, Parkinson's disease, and other neurological diseases, are \n the slowest in the drug development pipeline, taking an average \n of 15 years post discovery for new therapies to reach the \n market.\n (16) Several small and uncoordinated MS and Parkinson's \n disease registries, surveillance systems, and databases exist \n in the United States and throughout the world.\n (17) A single national system to collect and store \n information on the incidence and prevalence of MS, Parkinson's \n disease, or other neurological diseases in the United States \n does not exist.\n (18) The Agency for Toxic Substances and Disease Registry \n (ATSDR) has established a series of small pilot studies, \n beginning in fiscal year 2006, to evaluate the feasibility of \n various methodologies to create an MS surveillance system at \n the national level.\n (19) The national surveillance system methodology resulting \n from the MS pilot studies should be expanded upon and developed \n into a national surveillance system for Parkinson's disease.\n (20) The establishment of separate, coordinated national \n surveillance systems for Parkinson's disease and MS will help--\n (A) to identify the incidence and prevalence of \n these diseases in the United States;\n (B) to collect demographic and other data important \n to the study of MS and Parkinson's disease;\n (C) to produce epidemiologically sound data that \n can be used to compare with cluster information, data \n sets of the Department of Veterans Affairs, \n environmental exposure data, and other information;\n (D) to promote a better understanding of causes, \n prevention, and treatment of disease;\n (E) to better understand public and private \n resource impact;\n (F) to collect information that is important for \n research into genetic and environmental risk factors;\n (G) to enhance biomedical and clinical research by \n providing a basis for population comparisons;\n (H) to enhance efforts to develop better diagnosis \n and progression biomarkers for MS and Parkinson's \n disease; and\n (I) to enhance efforts to find treatments and a \n cure for MS and Parkinson's disease.\n\nSEC. 3. SURVEILLANCE SYSTEMS.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended--\n (1) by redesignating the second and third sections 399R \n (added by section 2 of Public Law 110-373 and section 3 of \n Public Law 110-374) as sections 399S and 399T, respectively; \n and\n (2) by adding at the end the following:\n\n``SEC. 399U. SURVEILLANCE OF NEUROLOGICAL DISEASES.\n\n ``(a) Multiple Sclerosis National Surveillance System.--\n ``(1) In general.--Not later than 1 year after receipt of \n the report described in subsection (c)(3), the Secretary, \n acting through the Director of the Agency for Toxic Substances \n and Disease Registry and in consultation with a national \n voluntary health organization with experience serving the \n population of individuals with multiple sclerosis (referred to \n in this section as `MS'), shall--\n ``(A) develop a system to collect data on MS \n including information with respect to the incidence and \n prevalence of the disease in the United States;\n ``(B) establish a national surveillance system for \n the collection and storage of such data to include a \n population-based registry of cases of MS in the United \n States;\n ``(C) assist in application of MS national \n surveillance system methodologies for the development, \n piloting, and implementation of a national Parkinson's \n disease national surveillance system under subsection \n (b); and\n ``(D) provide analysis regarding expansion of \n national disease surveillance systems for other \n neurological diseases and disorders utilizing the MS \n and Parkinson's disease national surveillance systems' \n process and structure.\n ``(2) Purpose.--It is the purpose of the registry \n established under paragraph (1)(B) to gather available data \n concerning--\n ``(A) MS, including the incidence and prevalence of \n MS in the United States;\n ``(B) the age, race or ethnicity, gender, military \n service if applicable, and family history of \n individuals who are diagnosed with the disease; and\n ``(C) other matters as recommended by the Advisory \n Committee established pursuant to subsection (c).\n ``(b) Parkinson's Disease National Surveillance System.--\n ``(1) In general.--Not later than 1 year after the receipt \n of the report described in subsection (c)(3), the Secretary, \n acting through the Director of the Agency for Toxic Substances \n and Disease Registry and in consultation with a national \n voluntary health organization with experience serving the \n population of individuals with Parkinson's disease, shall--\n ``(A) develop a system to collect data on \n Parkinson's disease including information with respect \n to the incidence and prevalence of the disease in the \n United States;\n ``(B) establish a national surveillance system for \n the collection and storage of such data to include a \n population-based registry of cases of Parkinson's \n disease in the United States; and\n ``(C) provide analysis regarding expansion of \n national disease surveillance systems for other \n neurological diseases utilizing the MS and Parkinson's \n disease national surveillance systems' process and \n structure.\n ``(2) Purpose.--It is the purpose of the registry \n established under paragraph (1)(B) to gather available data \n concerning--\n ``(A) Parkinson's disease, including the incidence \n and prevalence of Parkinson's disease in the United \n States;\n ``(B) the age, race or ethnicity, gender, military \n service if applicable, and family history of \n individuals who are diagnosed with the disease; and\n ``(C) other matters as recommended by the Advisory \n Committee established pursuant to subsection (c).\n ``(c) Advisory Committee.--\n ``(1) Establishment.--Not later than 180 days after the \n date of the enactment of this section, the Secretary, acting \n through the Director of the Agency for Toxic Substances and \n Disease Registry, shall establish a committee to be known as \n the Advisory Committee on Neurological Disease Registries \n (referred to in this section as the `Advisory Committee'). The \n Advisory Committee shall be composed of at least one member, to \n be appointed by the Secretary, acting through the Director of \n the Agency for Toxic Substances and Disease Registry, \n representing each of the following:\n ``(A) National voluntary health associations that \n focus solely on MS and have demonstrated experience in \n MS research, care, or patient services.\n ``(B) National voluntary health associations that \n focus solely on Parkinson's disease and have \n demonstrated experience in Parkinson's disease public \n policy, research, care, or patient services.\n ``(C) The National Institutes of Health, to \n include, upon the recommendation of the Director of the \n National Institutes of Health, representatives from the \n Office of Portfolio Analysis and Strategic Initiatives, \n the National Institute of Neurological Disorders and \n Stroke, the National Institute of Environmental Health \n Sciences, the National Institute on Aging, and the \n National Institute of Allergy and Infectious Diseases.\n ``(D) The Department of Veterans Affairs, to \n include representatives from the Parkinson's Disease \n Research Education and Clinical Centers and the MS \n Centers of Excellence.\n ``(E) The Department of Defense, to include \n representatives from the Parkinson's disease and MS \n research programs.\n ``(F) The Food and Drug Administration.\n ``(G) The Centers for Disease Control and \n Prevention, to include representatives from the Agency \n for Toxic Substances and Disease Registry.\n ``(H) Patients with MS and Parkinson's disease or \n their family members.\n ``(I) Clinicians with expertise on MS and \n Parkinson's disease.\n ``(J) Research scientists with experience \n conducting translational research or creating systems \n that support translating basic discoveries into \n treatments.\n ``(K) Epidemiologists with experience in data \n registries.\n ``(L) Geneticists or experts in genetics who have \n experience with the genetics of MS and Parkinson's \n disease.\n ``(M) Statisticians.\n ``(N) Bioethicists.\n ``(O) Attorneys.\n ``(P) Other individuals, organizations, or agencies \n with an interest in developing and maintaining the MS \n and Parkinson's disease national surveillance systems.\n ``(Q) Experts in additional neurological diseases, \n as appropriate, based on development and implementation \n of national surveillance systems for other neurological \n diseases and disorders.\n ``(2) Duties.--The Advisory Committee shall review \n information and make recommendations to the Secretary \n concerning--\n ``(A) the development and maintenance of the MS and \n Parkinson's disease national surveillance systems;\n ``(B) the use and coordination of existing \n databases that collect or maintain information on \n neurological diseases and disorders;\n ``(C) the type of information to be collected and \n stored in the systems;\n ``(D) the manner in which such data is to be \n collected;\n ``(E) the use and availability of such data \n including guidelines for such use; and\n ``(F) the application of MS and Parkinson's disease \n registry methodologies to benefit other neurological \n diseases and disorders, including analysis of how other \n neurological disease surveillance systems or registries \n can be developed, piloted, and implemented nationally \n utilizing the MS and Parkinson's disease national \n surveillance systems' process and structure.\n ``(3) Report.--Not later than 1 year after the date on \n which the Advisory Committee is established, the Advisory \n Committee shall submit a report to Congress concerning the \n review conducted under paragraph (2) that contains the \n recommendations of the Advisory Committee with respect to the \n results of such review.\n ``(d) Grants.--Notwithstanding the recommendations of the Advisory \nCommittee under subsection (c), the Secretary, acting through the \nDirector of the Agency for Toxic Substances and Disease Registry, may \naward grants to, and enter into contracts and cooperative agreements \nwith, public or private nonprofit entities for the collection, \nanalysis, and reporting of data on MS and Parkinson's disease.\n ``(e) Coordination With State, Local, and Federal Registries.--\n ``(1) In general.--In establishing the MS and Parkinson's \n disease national surveillance systems under subsections (a) and \n (b), the Secretary, acting through the Director of the Agency \n for Toxic Substances and Disease Registry, shall--\n ``(A) identify, build upon, expand, and coordinate \n existing data and surveillance systems, surveys, \n registries, and other Federal public health and \n environmental infrastructure wherever possible, \n including--\n ``(i) the 2 MS surveillance pilot studies \n initiated in fiscal year 2006 by the Centers \n for Disease Control and Prevention and the \n Agency for Toxic Substances and Disease \n Registry;\n ``(ii) the Parkinson's disease and MS \n databases of the Department of Veterans \n Affairs;\n ``(iii) current Parkinson's disease \n registries and surveillance systems, including \n the Nebraska and California State registries;\n ``(iv) current MS registries, including the \n New York State MS Registry and the North \n American Research Committee on MS (NARCOMS) \n Registry; and\n ``(v) any other existing or relevant \n databases that collect or maintain information \n on neurological diseases and disorders \n identified by researchers or recommended by the \n Advisory Committee pursuant to subsection (c); \n and\n ``(B) provide for and conduct outreach in support \n of research access to Parkinson's disease and MS data \n as recommended by the Advisory Committee established \n pursuant to subsection (c) to the extent permitted by \n applicable statutes and regulations and in a manner \n that protects personal privacy consistent with \n applicable privacy statutes and regulations.\n ``(2) Coordination with other federal agencies.--\n Notwithstanding the recommendations of the Advisory Committee \n established pursuant to subsection (c), and consistent with \n applicable privacy statutes and regulations, the Secretary \n shall ensure that epidemiological and other types of \n information obtained under subsections (a) and (b) are made \n available to agencies such as the National Institutes of \n Health, the Food and Drug Administration, the Department of \n Veterans Affairs, and the Department of Defense.\n ``(f) Definition.--For the purposes of this section, the term \n`national voluntary health association' means a national nonprofit \norganization with chapters, other affiliated organizations, or networks \nin States throughout the United States.\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2010 through 2014.''.","summary":"National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) , acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease. (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of US cases of MS and Parkinson's disease. (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders. And (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible. And (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).","title":"A bill to amend the Public health Service Act to provide for the establishment of permanent national surveillance systems for multiple sclerosis, Parkinson's disease, and other neurological diseases and disorders.","text_len":19183,"sum_len":1512} {"bill_id":"106_s1228","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Media Violence Labeling Act of \n1999''.\n\nSEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA \n PRODUCTS.\n\n (a) Declaration of Policy.--Section 2 of the Federal Cigarette \nLabeling and Advertising Act (15 U.S.C. 1331) is amended--\n (1) by inserting ``(a) Policy Regarding Cigarettes.--'' \n before ``It is the policy of the Congress''; and\n (2) by adding at the end the following:\n ``(b) Policy Regarding Violence in Audio and Visual Media \nProducts.--It is also the policy of Congress, and the purpose of this \nAct, to provide for the establishment, use, and enforcement of a \nconsistent and comprehensive system for labeling violent content in \naudio and visual media products (including labeling of such products in \nthe advertisements for such products), whereby--\n ``(1) the public may be adequately informed of--\n ``(A) the nature, context, and intensity of \n depictions of violence in audio and visual media \n products; and\n ``(B) matters needed to judge the appropriateness \n of the purchase, viewing, listening to, use, or other \n consumption of audio and visual media products \n containing violent content by minors of various ages; \n and\n ``(2) the public may be assured of--\n ``(A) the accuracy and consistency of the system in \n labeling the nature, context, and intensity of \n depictions of violence in audio and visual media \n products; and\n ``(B) the accuracy and consistency of the system in \n providing information on matters needed to judge the \n appropriateness of the purchase, viewing, listening to, \n use, or other consumption of audio and visual media \n products containing violent content by minors of \n various ages.''.\n (b) Labeling of Audio and Visual Media Products.--That Act is \nfurther amended by inserting after section 4 (15 U.S.C. 1333) the \nfollowing new section:\n\n ``labeling of audio and visual media products\n\n ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and \nproducers of interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nmay submit to the Federal Trade Commission a joint proposal for a \nsystem for labeling the violent content in interactive video game \nproducts and services, video program products, motion picture products, \nand sound recording products.\n ``(2) The proposal under this subsection should, to the maximum \nextent practicable, meet the requirements set forth in subsection (b).\n ``(3)(A) The antitrust laws shall not apply to any joint \ndiscussion, consideration, review, action, or agreement between or \namong manufacturers and producers referred to in paragraph (1) for \npurposes of developing a joint proposal for a system for labeling \nreferred to in that paragraph.\n ``(B) For purposes of this paragraph, the term `antitrust laws' has \nthe meaning given such term in the first section of the Clayton Act (15 \nU.S.C. 12) and includes section 5 of the Federal Trade Commission Act \n(15 U.S.C. 45).\n ``(b) Requirements for Labeling System.--A system for labeling the \nviolent content in interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nunder this section shall meet the following requirements:\n ``(1) The label of a product or service shall consist of a \n single label which--\n ``(A) takes into account the nature, context, and \n intensity of the depictions of violence in the product \n or service; and\n ``(B) assesses the totality of all depictions of \n violence in the product or service.\n ``(2) The label of a product or service shall specify a \n minimum age in years for the purchase, viewing, listening to, \n use, or consumption of the product or service in light of the \ntotality of all depictions of violence in the product or service.\n ``(3) The format of the label for products and services \n shall--\n ``(A) incorporate each label provided for under \n paragraphs (1) and (2);\n ``(B) include a symbol or icon, and written text; \n and\n ``(C) be identical for each given label provided \n under paragraphs (1) and (2), regardless of the type of \n product or service involved.\n ``(4) In the case of a product or service sold in a box, \n carton, sleeve, or other container, the label shall appear on \n the box, carton, sleeve, or container in a conspicuous manner.\n ``(5) In the case of a product or service that is intended \n to be viewed, the label shall--\n ``(A) appear before the commencement of the product \n or service;\n ``(B) appear in both visual and audio form; and\n ``(C) appear in visual form for at least five \n seconds.\n ``(6) Any advertisement for a product or service shall \n include a label of the product or service in accordance with \n the applicable provisions of this subsection.\n ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the \nmanufacturers and producers referred to in subsection (a) submit to the \nFederal Trade Commission a proposal for a labeling system referred to \nin that subsection not later than 180 days after the date of the \nenactment of the Media Violence Labeling Act of 1999, the Commission \nshall review the labeling system contained in the proposal to determine \nwhether the labeling system meets the requirements set forth in \nsubsection (b) in a manner that addresses fully the purposes set forth \nin section 2(b).\n ``(B) Not later than 180 days after commencing a review of the \nproposal for a labeling system under subparagraph (A), the Commission \nshall issue a labeling system for purposes of this section. The \nlabeling system issued under this subparagraph may include such \nmodifications of the proposal as the Commission considers appropriate \nin order to assure that the labeling system meets the requirements set \nforth in subsection (b) in a manner that addresses fully the purposes \nset forth in section 2(b).\n ``(2)(A) If the manufacturers and producers referred to in \nsubsection (a) do not submit to the Commission a proposal for a \nlabeling system referred to in that subsection within the time provided \nunder paragraph (1)(A), the Commission shall prescribe regulations to \nestablish a labeling system for purposes of this section that meets the \nrequirements set forth in subsection (b).\n ``(B) Any regulations under subparagraph (A) shall be prescribed \nnot later than one year after the date of the enactment of the Media \nViolence Labeling Act of 1999.\n ``(e) Prohibition on Sale or Distribution Without Label.--\nCommencing one year after the date of the enactment of the Media \nViolence Labeling Act of 1999, a person may not manufacture or produce \nfor sale or distribution in commerce, package for sale or distribution \nin commerce, or sell or distribute in commerce any interactive video \ngame product or service, video program product, motion picture product, \nor sound recording product unless the product or service bears a label \nin accordance with the labeling system issued or prescribed by the \nFederal Trade Commission under subsection (d) which--\n ``(1) is appropriate for the nature, context, and intensity \n of the depictions of violence in the product or service; and\n ``(2) specifies an appropriate minimum age in years for \n purchasers and consumers of the product or service.\n ``(f) Prohibition on Sale in Violation of Age Restriction.--\nCommencing one year after the date of the enactment of the Media \nViolence Labeling Act of 1999, a person may not sell in commerce an \ninteractive video game product or service, video program product, \nmotion picture product, or sound recording product to an individual \nwhose age in years is less than the age specified as the minimum age in \nyears for a purchaser and consumer of the product or service, as the \ncase may be, under the labeling system issued or prescribed by the \nFederal Trade Commission under subsection (d).\n ``(g) Investigations of Improper Labeling.--The Federal Trade \nCommission shall have the authority to receive and investigate \nallegations that an interactive video game product or service, video \nprogram product, motion picture product, or sound recording product \ndoes not bear a label under the labeling system issued or prescribed by \nthe Commission under subsection (d) that is appropriate for the product \nor service, as the case may be, given the nature, context, and \nintensity of the depictions of violence in the product or service.''.\n (c) Civil Penalty.--That Act is further amended by inserting after \nsection 10 (15 U.S.C. 1338) the following new section:\n\n ``civil penalty\n\n ``Sec. 10A. (a) In General.--Any person who violates subsection (e) \nor (f) of section 4A shall be subject to a civil penalty in an amount \nnot to exceed $10,000 for each such violation.\n ``(b) Duration of Violation.--In the case of an interactive video \ngame product or service, video program product, motion picture product, \nor sound recording product determined to violate section 4A(e), each \nday from the date of the commencement of sale or distribution of the \nproduct or service, as the case may be, to the date of the \ndetermination of the violation shall constitute a separate violation of \nsubsection (a), and all such violations shall be aggregated together \nfor purposes of determining the total liability of the manufacturer or \nproducer of the product or service, as the case may be, for such \nviolations under that subsection.''.\n (d) Short Title of Act.--The first section of that Act (15 U.S.C. \n1331 note) is amended to read as follows: ``That this Act may be cited \nas the `Federal Cigarette and Media Violence Labeling and Advertising \nAct'''.","summary":"Media Violence Labeling Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing. And (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system. Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.","title":"Media Violence Labeling Act of 1999","text_len":10528,"sum_len":1770} {"bill_id":"103_hr1559","text":"SECTION 1. INVESTMENT CREDIT FOR STAGE 3 AIRCRAFT MODIFICATIONS.\n\n (a) Allowance of Credit.--Section 46 of the Internal Revenue Code \nof 1986 (relating to amount of investment credit) is amended by \nstriking ``and'' at the end of paragraph (2), by striking the period at \nthe end of paragraph (3) and inserting ``, and'', and by adding at the \nend the following new paragraph:\n ``(4) the stage 3 aircraft modification credit.''\n (b) Amount of Credit.--Section 48 of such Code is amended by adding \nat the end the following new subsection:\n ``(c) Stage 3 Aircraft Modification Credit.--\n ``(1) In general.--For purposes of section 46, the stage 3 \n aircraft modification credit is the stage 3 aircraft \n modification percentage of the basis of each stage 3 aircraft \n modification property placed in service during the taxable \n year.\n ``(2) Stage 3 aircraft modification percentage.--The stage \n 3 aircraft modification percentage is 10 percent.\n ``(3) Qualified stage 3 aircraft modification property.--\n For purposes of this subpart--\n ``(A) In general.--The term `qualified stage 3 \n aircraft modification property' means tangible \n property--\n ``(i) which is an integral part of and \n modification of a nonstage 3 aircraft \n (including the installation of different \n engines or the retrofit of the existing engines \n with sound attenuation devices),\n ``(ii) which is certificated by the Federal \n Aviation Administration and is made to qualify \n the aircraft for the stage 3 noise level \n requirements, and\n ``(iii) the original use of which begins \n with the taxpayer.\n ``(B) Stage 3 noise level.--The term `stage 3 noise \n level' has the meaning given such term by section \n 36.1(f)(5) of title 14, Code of Regulations (as in \n effect on February 15, 1993).\n ``(C) Nonstage 3 aircraft.--The term `nonstage 3 \n aircraft' means an aircraft with a maximum gross \n takeoff weight in excess of 75,000 pounds which did not \n meet the stage 3 noise level requirements before the \n stage 3 aircraft modification property was installed.\n ``(4) Special rule for certain purchases and leases.--For \n purposes of paragraph (3)(A)(iii), a qualified stage 3 aircraft \n modification property shall be treated as originally placed in \n service by a person if it is sold to such person or is leased \n by such person within 3 months of the date such modifications \n are made.''\n (c) Stage 3 Aircraft Modification Credit Allowable Against Regular \nTax and Alternative Minimum Tax.--Subsection (c) of section 38 of such \nCode (relating to limitation based on amount of tax) is amended by \nadding at the end the following new paragraph:\n ``(3) Special rules for stage 3 aircraft modification \n credit.--\n ``(A) Liability for tax.--In the case of the stage \n 3 aircraft modification credit, the credit allowable \n under subsection (a) for any taxable year shall not \n exceed the excess (if any) of--\n ``(i) the sum of--\n ``(I) the taxpayer's tentative \n minimum tax liability under section \n 55(b) for such taxable year determined \n without regard to the stage 3 aircraft \n modification credit, plus\n ``(II) the taxpayer's regular tax \n liability for such taxable year (as \n defined in section 26(b)), over\n ``(ii) the sum of the credits allowable \n against the taxpayer's regular tax liability \n under part IV (other than section 34 and the \n stage 3 aircraft modification credit).\n ``(B) Application of the credit.--Each of the \n following amounts shall be reduced by the full amount \n of the credit determined under subparagraph (A):\n ``(i) the taxpayer's tentative minimum tax \n under section 55(b) for the taxable year, and\n ``(ii) the taxpayer's regular tax liability \n (as defined in section 26(b)) reduced by the \n sum of the credits allowable under part IV \n (other than section 34 and the stage 3 aircraft \n modification credit).\n If the amount of the credit determined under subparagraph (A) \n exceeds the amount described in clause (ii) of subparagraph \n (B), then the excess shall be deemed to be the adjusted net \n minimum tax for such taxable year for purposes of section 53.''\n (d) Technical and Conforming Amendments.--\n (1) Paragraph (1) of section 38(c) of such Code is amended \n by striking ``The credit'' and inserting ``Except as provided \n in paragraph (3), the credit''.\n (2) Paragraph (2) of section 55(c) of such Code is \n amended--\n (A) by striking ``For provisions'' and inserting \n ``(A) For provisions'', and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) For provisions allowing the stage 3 aircraft \n modification credit against the tax imposed by this \n section, see section 38(c)(3).''\n (3) Section 49(a)(1)(C) of such Code is amended by striking \n ``and'' at the end of clause (ii), by striking the period at \n the end of clause (iii) and inserting ``, and'', and by adding \n at the end the following new clause:\n ``(iv) the basis of any qualified stage 3 \n aircraft modification property.''\n (4)(A) The section heading for section 48 of such Code is \n amended to read as follows:\n\n``SEC. 48. OTHER CREDITS.''\n\n (B) The table of sections for subpart E of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the item relating to section 48 and inserting the following:\n\n ``Sec. 48. Other credits.''\n (e) Effective Date.--The amendments made by this section apply to \nstage 3 aircraft modification property completed after December 31, \n1991, and placed in service after December 31, 1991, and before January \n1, 1997.","summary":"Amends the Internal Revenue Code to allow businesses an investment tax credit for costs incurred for noise modification of aircraft from stage 2 levels to stage 3 levels. Allows such credit against the regular tax and alternative minimum tax.","title":"To amend the Internal Revenue Code of 1986 to provide an investment tax credit for Stage 3 aircraft.","text_len":7109,"sum_len":242} {"bill_id":"104_s1038","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flat Tax Act of 1995''.\n\n TITLE I--FLAT TAX\n\nSEC. 101. 15 PERCENT INCOME TAX RATE FOR INDIVIDUALS.\n\n Section 1 of the Internal Revenue Code of 1986 (relating to tax \nimposed on individuals) is amended to read as follows:\n\n``SECTION 1. TAX IMPOSED.\n\n ``(a) In General.--There is hereby imposed on the income of every \nindividual a tax equal to 15 percent of the excess of the earned income \nof such individual for the taxable year over the standard exemption \namount for such year.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Standard exemption amount.--\n ``(A) In general.--The term `standard exemption \n amount' means the sum of--\n ``(i) the basic standard exemption, plus\n ``(ii) the additional standard exemption.\n ``(B) Basic standard exemption.--For purposes of \n subparagraph (A), the basic standard exemption is--\n ``(i) $20,000 in the case of--\n ``(I) a joint return, and\n ``(II) a surviving spouse (as \n defined in section 2(a)),\n ``(ii) $15,000 in the case of a head of \n household (as defined in section 2(b)), and\n ``(iii) $10,000 in the case of an \n individual--\n ``(I) who is not married and who is \n not a surviving spouse or head of \n household, or\n ``(II) who is a married individual \n filing a separate return.\n ``(C) Additional standard exemption.--For purposes \n of subparagraph (A), the additional standard exemption \n is $5,000 for each dependent (as defined in section \n 152)--\n ``(i) whose earned income for the calendar \n year in which the taxable year of the taxpayer \n begins is less than the basic standard \n exemption specified in subparagraph (B)(iii), \n or\n ``(ii) who is a child of the taxpayer and \n who--\n ``(I) has not attained the age of \n 19 at the close of the calendar year in \n which the taxable year of the taxpayer \n begins, or\n ``(II) is a student who has not \n attained the age of 24 at the close of \n such calendar year.\n ``(D) Inflation adjustment.--\n ``(i) In general.--In the case of any \n taxable year beginning in a calendar year after \n 1997, each dollar amount contained in \n subparagraphs (B) and (C) shall be increased by \n an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment for the calendar year in \n which the taxable year begins.\n ``(ii) Cost-of-living adjustment.--For \n purposes of this subparagraph--\n ``(I) In general.--The cost-of-\n living adjustment for any calendar year \n is the percentage (if any) by which the \n CPI for October of the preceding \n calendar year, exceeds the CPI for \n October of 1996.\n ``(II) CPI.--The term `CPI' means \n the last Consumer Price Index for all-\n urban consumers published by the \n Department of Labor.\n ``(iii) Rounding.--If the increase \n determined under this subparagraph is not a \n multiple of $10, such increase shall be rounded \n to the nearest multiple of $10.\n ``(2) Earned income.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the term `earned income' means--\n ``(i) wages, salaries, and other employee \n compensation,\n ``(ii) the amount of the taxpayer's net \n earnings from self-employment for the taxable \n year, and\n ``(iii) the amount of dividends which are \n from a personal service corporation or which \n are otherwise directly or indirectly \n compensation for services.\n ``(B) Exceptions.--The term `earned income' does \n not include--\n ``(i) any amount received as a pension or \n annuity, or\n ``(ii) any tip unless the amount of the tip \n is not within the discretion of the service-\n recipient.''\n\nSEC. 102. TRANSITION RULE FOR HOME MORTGAGE INTEREST DEDUCTION.\n\n Section 1 of the Internal Revenue Code of 1986, as amended by \nsection 2 of this Act, is amended--\n (1) by striking subsection (a) and inserting the following \n new subsection:\n ``(a) In General.--There is hereby imposed on the income of every \nindividual a tax equal to 15 percent of the excess of--\n ``(1) the earned income of the taxpayer for the taxable \n year, over\n ``(2) the standard exemption amount and the excess \n qualified residence interest amount for such taxpayer for such \n year.'', and\n (2) in subsection (b), by redesignating paragraph (2) as \n paragraph (3) and by inserting after paragraph (1) the \n following new paragraph:\n ``(2) Excess qualified residence interest amount.--The \n excess qualified residence amount for any taxable year is equal \n to the excess (if any) of--\n ``(A) the amount which would have been allowable as \n a deduction to the taxpayer for such year under section \n 163(h)(3), as in effect on the day before the effective \n date of the Flat Tax Act of 1995 (determined without \n regard to section 68 (as so in effect)), with respect \n to any indebtedness incurred on or before such day, \n over\n ``(B) one-half of the basic standard exemption for \n an individual for such year.''\n\nSEC. 103. 15 PERCENT INCOME TAX RATE FOR BUSINESS ACTIVITIES.\n\n Section 11 of the Internal Revenue Code of 1986 (relating to tax \nimposed on corporations) is amended to read as follows:\n``SEC. 11. TAX IMPOSED.\n\n ``(a) Tax Imposed.--There is hereby imposed on every person engaged \nin a business activity a tax equal to 15 percent of the business \ntaxable income of such person.\n ``(b) Liability for Tax.--The tax imposed by this section shall be \npaid by the person engaged in the business activity, whether such \nperson is an individual, partnership, corporation, or otherwise.\n ``(c) Business Taxable Income.--\n ``(1) In general.--For purposes of this section, the term \n `business taxable income' means gross active income reduced by \n the deductions specified in subsection (d).\n ``(2) Gross active income.--For purposes of paragraph (1), \n the term `gross active income' means gross income other than \n investment income.\n ``(d) Deductions.--\n ``(1) In general.--The deductions specified in this \n subsection are--\n ``(A) the cost of business inputs for the business \n activity,\n ``(B) the compensation (including contributions to \n qualified retirement plans but not including other \n fringe benefits) paid for employees performing services \n in such activity, and\n ``(C) the cost of tangible personal and real \n property used in such activity.\n ``(2) Business inputs.--For purposes of subparagraph (A), \n the term `cost of business inputs' means--\n ``(A) the actual amount paid for goods, services, \n and materials, whether or not resold during the taxable \n year,\n ``(B) the fair market value of business inputs \n brought into the United States, and\n ``(C) the actual cost, if reasonable, of travel and \n entertainment expenses for business purposes.\n Such term shall not include purchases of goods and services \n provided to employees or owners.\n ``(e) Carryover of Excess Deductions.--If the aggregate deductions \nfor any taxable year exceed the gross active income for such taxable \nyear, the amount of the deductions specified in subsection (d) for the \nsucceeding taxable year (determined without regard to this subsection) \nshall be increased by the sum of--\n ``(1) such excess, plus\n ``(2) the product of such excess and the 3-month Treasury \n rate for the last month of such taxable year.''\n\nSEC. 104. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM \n INCOME FOR CORPORATIONS AND INDIVIDUALS.\n\n Chapter 1 of the Internal Revenue Code of 1986 is amended by \nstriking out all specific exclusions from gross income, all deductions, \nand all credits against income tax to the extent related to the \ncomputation of corporate and individual income tax liability.\n\nSEC. 105. REPEAL OF ESTATE AND GIFT TAXES.\n\n Subtitle B of the Internal Revenue Code of 1986 (relating to \nestate, gift, and generation-skipping taxes) is hereby repealed.\n\nSEC. 106. EFFECTIVE DATES.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this title shall apply to taxable years beginning \nafter December 31, 1996.\n (b) Repeal of Estate and Gift Taxes.--The repeal made by section \n105 shall apply to estates of decedents dying, and transfers made, \nafter December 31, 1996.\n (c) Technical and Conforming Changes.--The Secretary of the \nTreasury or the Secretary's delegate shall, as soon as practicable but \nin any event not later than 90 days after the date of the enactment of \nthis Act, submit to the Committee on Ways and Means of the House of \nRepresentatives and the Committee on Finance of the Senate a draft of \nany technical and conforming changes in the Internal Revenue Code of \n1986 which are necessary to reflect throughout such Code the changes in \nthe substantive provisions of law made by this Act.\n\n TITLE II--REDUCTIONS IN FEDERAL SPENDING\n\nSEC. 201. REDUCTIONS IN FEDERAL SPENDING.\n\n (a) Adjustment of Discretionary Caps.--\n (1) Discretionary spending limits and direct spending \n balances.--Not later than 5 days after the date of enactment of \n this Act, the President shall reduce the discretionary spending \n limits under section 601 of the Congressional Budget Act of \n 1974 for each of the fiscal years 1996, 1997, and 1998 to \n reflect a reduction of 15 percent in budget authority and \n budget outlays for each fiscal year.\n (2) Adjustment of committee allocations.--Not later than 5 \n days after the date of enactment of this Act, the chairs of the \n Committees on the Budget of the Senate and the House of \n Representatives shall revise levels under section 311(a) of the \n Congressional Budget Act of 1974 and adjust the committee \n allocations under section 602(a) of the Congressional Budget \n Act of 1974 to reflect the reductions required by paragraph \n (1).\n (b) Foreign Aid.--Notwithstanding subsection (a), the amount of \nbudget authority provided under budget function 150 relating to United \nStates assistance (as defined in section 481(e)(4) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2291(e)(4)) for payments not required \nby law shall not exceed--\n (1) for fiscal year 1996, 60 percent of the amount provided \n for fiscal year 1995;\n (2) for fiscal year 1997, 50 percent of the amount provided \n for fiscal year 1995; and\n (3) for fiscal year 1998, 40 percent of the amount provided \n for fiscal year 1995.\n (c) Freeze on Department of Defense.--Notwithstanding subsection \n(a), the amount of budget authority provided under budget function 050 \n(national defense) for payments not required by law for each of the \nfiscal years 1996, 1997, and 1998 shall not exceed the amount provided \nfor fiscal year 1995.\n (d) No Reduction in the Administrative Expenses of the Social \nSecurity Administration and Medicare.--Notwithstanding subsection (a), \nthe amount of budget authority provided for the administrative expenses \nof the Social Security Administration and medicare for payments not \nrequired by law for each of the fiscal years 1996, 1997, and 1998 shall \nnot be reduced by reason of subsection (a).\n\nSEC. 202. REDUCTION IN DIRECT SPENDING.\n\n (a) Reduction.--\n (1) In general.--Except as provided in paragraph (2), the \n level of direct spending for fiscal years 1996, 1997, and 1998 \n shall not exceed 85 percent of the level for fiscal year 1995.\n (2) Exception.--Paragraph (1) shall not apply to--\n (A) social security;\n (B) medicare; and\n (C) veterans' programs.\n (b) Implementing Legislation.--\n (1) Committee action.--Not later than September 1, 1995, \n the committees of the House of Representatives and Senate shall \n report legislation reducing the direct spending programs within \n their jurisdiction as required by subsection (a).\n (2) Enactment.--Not later than September 30, 1995, the \n Senate and the House of Representatives shall enact legislation \n complying with paragraph (1).\n\nSEC. 203. ELIMINATION OF THE INTERNAL REVENUE SERVICE.\n\n (a) Elimination of the Internal Revenue Service.--Effective January \n1, 1997, the Internal Revenue Service is abolished.\n (b) Transfer of Functions.--\n (1) Function defined.--For purposes of this subsection, the \n term ``function'' means any duty, obligation, power, authority, \n responsibility, right, privilege, activity, or program.\n (2) Transfer to treasury.--The functions of the Internal \n Revenue Service are transferred to the Department of the \n Treasury.\n (3) Transfer to secretary.--The functions of the \n Commissioner of Internal Revenue shall be performed by the \n Secretary of the Treasury or the designee of the Secretary.\n (b) Amendment to the Internal Revenue Code of 1986.--Section \n7802(a) of the Internal Revenue Code of 1986 is repealed.\n (c) References.--Reference in any other Federal law, Executive \norder, rule, regulation, or delegation of authority, or any document of \nor relating to--\n (1) the Commissioner of Internal Revenue with regard to \n functions transferred under this subsection, shall be deemed to \n refer to the Secretary of the Treasury; and\n (2) the Internal Revenue Service with regard to functions \n transferred under this subsection, shall be deemed to refer to \n the Department of the Treasury.\n (d) Additional Conforming Amendments.--\n (1) After consultation with the appropriate committees of \n the Congress, the Secretary of the Treasury shall prepare and \n submit to the Congress recommended legislation containing \n technical and conforming amendments to reflect the changes made \n by this subsection.\n (2) Not later than 6 months after the effective date of \n this Act, the Secretary of the Treasury shall submit the \n recommended legislation referred to under paragraph (1).","summary":"TABLE OF CONTENTS: Title I: Flat Tax Title II: Reductions in Federal Spending Flat Tax Act of 1995 - Title I: Flat Tax - Amends the Internal Revenue Code to impose a 15 percent tax on the income of every individual. Establishes a basic standard exemption of $20,000 for a joint return and $10,000 for an individual return, with an additional $5,000 exemption for each dependent. Sets forth provisions for a transition rule for home mortgage interest deduction with respect to existing mortgages. Imposes on every person engaged in a business activity a tax equal to 15 percent of business taxable income. Repeals all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. Repeals estate, gift, and generation-skipping taxes. Title II: Reductions in Federal Spending - Directs the President to reduce the discretionary spending limits the Congressional Budget Act of 1974 for each of FY 1996 through 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. Specifies that notwithstanding the above, the amount of budget authority provided for foreign aid payments not required by law shall not exceed: (1) for FY 1996, 60 percent of the amount provided for FY 1995. (2) for FY 1997, 50 percent of the amount provided for FY 1995. And (3) for FY 1998, 40 percent of the amount provided for FY year 1995. Requires that notwithstanding discretionary spending limits above, the amount of budgetary authority provided for the Defense Department for payments not required by law for each of FY 1996 through 1998 shall not exceed the amount provided for FY 1995. Directs that the amount of budget authority provided for the administrative expenses of the Social Security Administration and Medicare for payments not required by law for each of FY 1996 through 1998 shall not be reduced. Provides that a reduction in the level of direct spending for FY 1996 through 1998 shall not exceed 85 percent of the level for FY 1995, except for: (1) Social Security, (2) Medicare. And (3) veterans's programs. Abolishes the Internal Revenue Service (IRS) and transfers the functions of the IRS to the Department of the Treasury. Transfers the functions of the IRS Commissioner to the Secretary of the Treasury.","title":"Flat Tax Act of 1995","text_len":16855,"sum_len":2364} {"bill_id":"115_s1606","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``In-Home Caregiver Assessment \nResources and Education Act'' or the ``In-Home CARE Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) More than 43,000,000 unpaid caregivers provide care for \n a chronically ill, disabled, or aged family member or friend \n during any given year.\n (2) Sixty percent of unpaid caregivers are women. More than \n 37 percent of caregivers live with children or grandchildren \n who are under 18 years old.\n (3) Ethnic minority caregivers, particularly African-\n American and Hispanic-American caregivers, experience greater \n strain and worse physical health than their counterparts. More \n than 50 percent of African Americans are ``sandwiched'' between \n caring for an older person and a younger person under age 18.\n (4) The needs of caregivers and care recipients vary by \n several factors such as race and ethnicity, age, social class, \n sexual orientation, geographical location, gender, military or \n veteran status, relationship between caregiver and care \n recipient, health status, and other factors.\n (5) Unpaid family caregivers spend an average of 24 hours \n per week caring for their loved ones, and about 23 percent of \n family caregivers provide 41 or more hours of care per week.\n (6) Forty-nine percent of caregivers care for a parent.\n (7) Fourteen percent of caregivers provide care for a \n special needs child, including an estimated 16,800,000 \n caregivers who care for a special needs child under 18 years of \n age.\n (8) In 2016, the average caregiver for someone 18 years or \n older spent $6,954 per year on out-of-pocket caregiving \n expenses, which is nearly 20 percent of the average annual \n income of caregivers.\n (9) Sixty percent of caregivers who provide care for an \n individual over the age of 18 are currently working or have \n worked while providing care. Three in five caregivers have had \n to make some modifications to their work schedule, from \n arriving late to work to leaving their job entirely. Almost \n half of employed caregivers have had to take time off from \n work.\n (10) Fifty-three percent of caregivers have experienced a \n decline in their health as a result of caregiving, which has \n affected their ability to provide care. Thirty-five percent of \n caregivers report having difficulty finding time for oneself, \n and 29 percent report difficulty managing emotional and \n physical stress or balancing work and family responsibilities.\n (11) Forty-six percent of caregivers of adults perform \n medical or nursing tasks for patients with multiple physical \n and chronic conditions. Of these caregivers, 78 percent were in \n charge of managing a patient's medications, administering \n fluids, or administering injections.\n (12) Nearly 20 percent of caregivers of adults who assisted \n with medication management and 33 percent who assisted with \n changing dressings or bandages received no training about how \n to perform these tasks.\n (13) The vast majority of caregivers (84 percent) indicated \n they need more support related to caregiving.\n (14) Home visiting programs are cost-effective and have \n been proven to improve outcomes for children and parents in \n different domains ranging from child development to family \n violence.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to improve the ability of unpaid caregivers to care for \n individuals in the home; and\n (2) to increase opportunities for individuals who are in \n need of care to remain at home and reduce or postpone the need \n for such individuals to receive care at an institution or \n hospital.\n\nSEC. 4. CAREGIVER GRANTS.\n\n Subpart IV of part D of title III of the Public Health Service Act \n(42 U.S.C. 255 et seq.) is amended by adding at the end the following:\n\n``SEC. 339A. CAREGIVER GRANTS.\n\n ``(a) In General.--The Secretary, acting through the Administrator \nof the Administration for Community Living, shall award 3-year grants, \non a competitive basis, to eligible organizations to carry out home \nvisiting programs for unpaid caregivers.\n ``(b) Definitions.--In this section:\n ``(1) Caregiver.--The term `caregiver' means an unpaid \n family member, foster parent, or other unpaid adult who \n provides consistent in-home monitoring, management, \n supervision, or treatment of a child or adult with a special \n need, such as a disease, disability, or the frailties of old \n age.\n ``(2) Caregiver assessment.--The term `caregiver \n assessment' means an assessment that includes talking directly \n to caregivers to better understand their needs, problems, \n resources, and strengths.\n ``(3) Child or adult with a special need.--The term `child \n or adult with a special need' means an individual for whom care \n or supervision is required to--\n ``(A) meet the basic needs of the individual;\n ``(B) prevent physical self-injury or injury to \n others; or\n ``(C) avoid placement in an institutional facility.\n ``(4) Eligible organization.--The term `eligible \n organization' means--\n ``(A) a local government agency;\n ``(B) a health care entity; or\n ``(C) any other nonprofit or community \n organization,\n that has experience providing the services described in \n subsection (f).\n ``(c) Coordination.--In carrying out this section, the Secretary \nshall coordinate with--\n ``(1) the heads of the National Family Caregiver Support \n Program of the Administration on Aging and other programs \n within the Department of Health and Human Services (such as the \n Lifespan Respite Care Program) and the Secretary of Veterans \n Affairs, to ensure coordination of caregiver services for \n caregivers of children or adults with special needs; and\n ``(2) the Administrator of the Centers for Medicare & \n Medicaid Services, to avoid duplicative services and payments.\n ``(d) Application.--An eligible organization that desires a grant \nunder this section shall submit an application at such time, in such \nmanner, and containing such information as the Secretary may require, \nincluding, at a minimum--\n ``(1) an outreach plan that identifies how the eligible \n organization will ascertain which caregivers in the community--\n ``(A) are most in need of support and education, \n particularly caregivers who have had no training and \n provide complex chronic care activities or perform \n medical or nursing tasks in addition to assisting with \n activities of daily living;\n ``(B) are caring for individuals who are at the \n greatest risk of needing institutional care; and\n ``(C) desire to participate in the caregiver home \n visiting program;\n ``(2) a description of the services that the eligible \n organization will provide directly using grant funds, and a \n description of the services that the eligible organization will \n use grant funds to provide through contracts or referrals;\n ``(3) a description of how the eligible organization will \n identify gaps in the services that caregivers and children or \n adults with a special need who receive care from a caregiver in \n the community are receiving;\n ``(4) a description of how the eligible organization can \n provide--\n ``(A) an initial visit to caregivers in order to \n complete a caregiver assessment, including a \n description of the eligible organization's expertise in \n conducting caregiver assessments;\n ``(B) education and training, based on evidence-\n based models, to help the caregiver learn how to best \n care for a child or adult with a special need, by an \n individual with expertise in the tasks for which the \n caregiver requires education and training, including \n education and training regarding, as applicable--\n ``(i) medication management;\n ``(ii) wound care;\n ``(iii) nutrition and food preparation for \n special diets;\n ``(iv) fall prevention;\n ``(v) management of depression, anxiety, \n stress, trauma, and other behavioral health \n conditions, including ways to minimize negative \n mental health effects;\n ``(vi) assistance with activities of daily \n living;\n ``(vii) ways to engage other family members \n in providing care;\n ``(viii) ways to identify and utilize \n available community resources; and\n ``(ix) abuse and neglect prevention; and\n ``(C) recommendations for home modifications or \n physical environmental changes that could improve the \n health or quality of life of a child or adult with a \n special need who is receiving care from a caregiver;\n ``(5) a description of the eligible organization's ability \n to provide, or refer caregivers to local resources or \n appropriate programs of the Department of Health and Human \n Services or the Department of Veterans Affairs that will \n provide--\n ``(A) physical and mental health care, including \n home health care and long-term support services;\n ``(B) transportation;\n ``(C) home modification services;\n ``(D) respite care;\n ``(E) adult day care;\n ``(F) support groups; and\n ``(G) legal assistance;\n ``(6) a description of the eligible organization's ability \n to coordinate with other State and community-based agencies;\n ``(7) a description of the eligible organization's \n understanding of caregiver issues--\n ``(A) across demographic groups, including age, \n gender, race and ethnicity, socioeconomic status, \n sexual orientation, military status, and geographical \n region; and\n ``(B) including disabilities and chronic conditions \n that affect the populations that the eligible \n organization will serve;\n ``(8) a description of the capacity of the eligible \n organization to engage caregivers, family members, and children \n or adults with a special need who receive care from a \n caregiver; and\n ``(9) with respect to the population of caregivers to whom \n caregiver visits or services will be provided, or for whom \n workers and volunteers will be recruited and trained, a \n description of--\n ``(A) the population of caregivers;\n ``(B) the extent and nature of the needs of that \n population; and\n ``(C) existing caregiver services for that \n population, including the number of caregivers served \n and the extent of unmet need.\n ``(e) Priority.--In awarding grants under this section, the \nSecretary shall give priority to eligible organizations that--\n ``(1) the Secretary determines show the greatest likelihood \n of implementing or enhancing caregiver home visiting services \n that best meet the needs of the community;\n ``(2) will allow caregivers to contact the eligible \n organization by phone, email, or 2-way interactive video for up \n to 6 months after home visits have ended, or to otherwise \n contact the organization at any time if a caregiver has \n questions or concerns;\n ``(3) have a proven record of caregiver support;\n ``(4) will use evidence-based programs; or\n ``(5) will provide matching funds or can demonstrate that \n the program funded by a grant under this section will be \n sustainable after grant funds are no longer provided.\n ``(f) Authorized Activities.--An eligible organization receiving a \ngrant under this section shall use grant funds to--\n ``(1) conduct an initial home visit for each caregiver \n participating in the program, during which a representative \n from the eligible organization who has expertise in care \n management in the home and caregiving will perform a caregiver \n assessment and determine what follow-up services may benefit \n the caregiver and the child or adult with a special need who \n receives care from the caregiver;\n ``(2) conduct home visits for the purpose of caregiver \n education and training;\n ``(3) provide, or provide referrals for, the services \n described in subsection (d)(5);\n ``(4) provide an assessment and referral for physical and \n mental health services for the caregiver and for the child or \n adult with a special need who receives care from the caregiver, \n as needed; and\n ``(5) carry out any other activities that are described in \n the grant application submitted under subsection (d).\n ``(g) Technical Assistance Center.--The Secretary shall establish, \nor contract to establish, a technical assistance center through which \nthe Secretary shall--\n ``(1) provide evidence-based models for programs funded by \n grants under this section;\n ``(2) provide training for grantees;\n ``(3) answer questions from grantees; and\n ``(4) facilitate an exchange of information among grantees, \n and between grantees and other programs within the Department \n of Health and Human Services, including through use of the \n Technical Assistance Exchange of the Administration for \n Community Living, in order to maximize the use of existing \n resources and services for caregivers and to avoid the \n duplication of such services.\n ``(h) Evaluation.--\n ``(1) In general.--Not later than 2 years after the date of \n enactment of this section, and annually thereafter, the \n Secretary shall evaluate the success of the grant program \n carried out under this section, based on criteria that the \n Secretary may develop for such evaluation.\n ``(2) Optional contents of evaluation.--The evaluation \n described in paragraph (1) may include an evaluation of--\n ``(A) the extent to which children or adults with a \n special need who are cared for by a participating \n caregiver have--\n ``(i) a reduction in the potential number \n of hospitalizations;\n ``(ii) a reduction in the potential number \n of institutionalizations;\n ``(iii) cost reductions across the health \n care system;\n ``(iv) improved connection to community \n resources;\n ``(v) improved care; and\n ``(vi) improved quality of life (including \n a reduction of stress and anxiety and improved \n relationships and mood); and\n ``(B) the extent to which participating caregivers \n have improved quality of life (including a reduction of \n stress and anxiety and improved health, relationships, \n mood, and connection to community resources).\n ``(i) Reports and Recommendations.--Not later than 1 year before \nthe expiration of the grants awarded under this section, the Secretary \nshall prepare and submit a report to Congress that includes \nrecommendations, based on the evaluation described in subsection (h), \nabout--\n ``(1) changes to the grant program under this section;\n ``(2) the potential for expanding the number and scope of \n caregiver home visiting program grants distributed by the \n Secretary; and\n ``(3) extending the length of the grant program.\n ``(j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be \nnecessary.''.","summary":"In-Home Caregiver Assessment Resources and Education Act or the In-Home CARE Act This bill amends the Public Health Service Act to require the Administration for Community Living to award grants to carry out home visiting programs for unpaid caregivers. The Department of Health and Human Services must coordinate with the National Family Caregiver Support Program, the Centers for Medicare amp. Medicaid Services, the Department of Veterans Affairs, and others on this grant program. Grantees must provide: caregiver education and training regarding medication management, food preparation, falls prevention, and other subjects. Services or referrals for services related to home care, such as transportation, home modification, or respite care. And an assessment and referral for physical and mental health services for the caregiver or person receiving care from the caregiver.","title":"In-Home Caregiver Assessment Resources and Education Act","text_len":17510,"sum_len":880} {"bill_id":"109_s2494","text":"SECTION 1. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 224 as \nsection 225 and by inserting after section 223 the following new \nsection:\n\n``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.\n\n ``(a) Deduction Allowed.--In the case of an individual, there shall \nbe allowed as a deduction for the taxable year the aggregate amount \npaid by such individual as premiums under a high deductible health plan \nwith respect to months during such year for which such individual is an \neligible individual with respect to such health plan.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Eligible individual.--The term `eligible individual' \n has the meaning given such term by section 223(c)(1).\n ``(2) High deductible health plan.--The term `high \n deductible health plan' has the meaning given such term by \n section 223(c)(2).\n ``(c) Special Rules.--\n ``(1) Deduction limits.--\n ``(A) Deduction allowable for only 1 plan.--For \n purposes of this section, in the case of an individual \n covered by more than 1 high deductible health plan for \n any month, the individual may only take into account \n amounts paid for such month for the plan with the \n lowest premium.\n ``(B) Plans covering ineligible individuals.--If 2 \n or more individuals are covered by a high deductible \n health plan for any month but only 1 of such \n individuals is an eligible individual for such month, \n only 50 percent of the aggregate amount paid by such \n eligible individual as premiums under the plan with \n respect to such month shall be taken into account for \n purposes of this section.\n ``(2) Group health plan coverage.--\n ``(A) In general.--No deduction shall be allowed to \n an individual under subsection (a) for any amount paid \n for coverage under a high deductible health plan for a \n month if that individual participates in any coverage \n under a group health plan (within the meaning of \n section 5000 without regard to section 5000(d)).\n ``(B) Exception for plans only providing \n contributions to health savings accounts.--Subparagraph \n (A) shall not apply to an individual if the \n individual's only coverage under a group health plan \n for a month consists of contributions by an employer to \n a health savings account with respect to which the \n individual is the account beneficiary.\n ``(C) Exception for certain permitted coverage.--\n Subparagraph (A) shall not apply to an individual if \n the individual's only coverage under a group health \n plan for a month is coverage described in clause (i) or \n (ii) of section 223(c)(1)(B).\n ``(3) Medical and health savings accounts.--Subsection (a) \n shall not apply with respect to any amount which is paid or \n distributed out of an Archer MSA or a health savings account \n which is not included in gross income under section 220(f) or \n 223(f), as the case may be.\n ``(4) Coordination with deduction for health insurance of \n self-employed individuals.--Any amount taken into account by \n the taxpayer in computing the deduction under section 162(l) \n shall not be taken into account under this section.\n ``(5) Coordination with medical expense deduction.--Any \n amount taken into account by the taxpayer in computing the \n deduction under this section shall not be taken into account \n under section 213.''.\n (b) Deduction Allowed Whether or Not Individual Itemizes Other \nDeductions.--Subsection (a) of section 62 of such Code is amended by \ninserting before the last sentence at the end the following new \nparagraph:\n ``(21) Premiums for high deductible health plans.--The \n deduction allowed by section 224.''.\n (c) Coordination With Section 35 Health Insurance Costs Credit.--\nSection 35(g)(2) of such Code is amended by striking ``or 213'' and \ninserting ``, 213, or 224''.\n (d) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by redesignating the \nitem relating to section 224 as an item relating to section 225 and by \ninserting before such item the following new item:\n\n``Sec. 224. Premiums for high deductible health plans.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2006.\n\nSEC. 2. CREDIT FOR CERTAIN EMPLOYMENT TAXES PAID WITH RESPECT TO \n PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND \n CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.\n\n (a) Allowance of Credit.--Subpart C of part IV of subchapter A of \nchapter 1 of the Internal Revenue Code of 1986 (relating to refundable \ncredits) is amended by redesignating section 36 as section 37 and by \ninserting after section 35 the following new section:\n\n``SEC. 36. EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH \n DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH \n SAVINGS ACCOUNTS.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this subtitle \nfor the taxable year an amount equal to the product of--\n ``(1) the sum of the rates of tax in effect under sections \n 3101(a), 3101(b), 3111(a), and 3111(b) for the calendar year in \n which the taxable year begins, multiplied by\n ``(2) the sum of--\n ``(A) the aggregate amount paid by such individual \n as premiums under a high deductible health plan which \n is allowed as a deduction under section 224 for the \n taxable year, and\n ``(B) the aggregate amount paid to a health savings \n account of such individual which is allowed as a \n deduction under section 223 for the taxable year.\n ``(b) Credit Limited to Certain Employment Taxes.--\n ``(1) In general.--The credit allowed under subsection (a) \n with respect to any individual for any taxable year shall not \n exceed the specified employment taxes with respect to such \n individual for such taxable year.\n ``(2) Specified employment taxes.--For purposes of this \n subsection, the term `specified employment taxes' means, with \n respect to any individual for any taxable year, the sum of--\n ``(A) the taxes imposed under sections 3101(a), \n 3101(b), 3111(a), 3111(b), 3201(a), 3211(a), and \n 3221(a) (taking into account any adjustments or refunds \n under section 6413) with respect to wages and \n compensation received by such individual during the \n calendar year in which such taxable year begins, and\n ``(B) the taxes imposed under subsections (a) and \n (b) of section 1401 with respect to the self-employment \n income of such individual for such taxable year.\n ``(c) Special Rule for Employment Compensation in Excess of Social \nSecurity Contribution Base.--\n ``(1) In general.--If the aggregate amount of employment \n compensation received by any individual during the calendar \n year in which the taxable year begins exceeds the contribution \n and benefit base (as determined under section 230 of the Social \n Security Act), the amount of the credit determined under \n subsection (a) (determined before application of subsection \n (b)) shall be equal to the sum of--\n ``(A) the amount determined under subsection (a) by \n only taking into account so much of the amount \n determined under subsection (a)(2) as does not exceed \n such excess and by only taking into account the rates \n of tax in effect under section 3101(b) and 3111(b), and\n ``(B) the amount determined under subsection (a) by \n only taking into account so much of the amount \n determined under subsection (a)(2) as is not taken into \n account under subparagraph (A) and by taking into \n account each of the rates of tax referred to in \n subsection (a)(1).\n ``(2) Employment compensation.--For purposes of this \n subsection, the term `employment compensation' means, with \n respect to any individual for any taxable year, the sum of--\n ``(A) the wages (as defined in section 3121(a)) and \n compensation (as defined in section 3231(e)) received \n by such individual during the calendar year in which \n such taxable year begins, and\n ``(B) the self-employment income (as defined in \n section 1402(b)) of such individual for such taxable \n year.''.\n (b) Increase in Additional Tax on Distributions Not Used for \nQualified Medical Expenses.--Paragraph (4) of section 223(f) of such \nCode (relating to additional tax on distributions not used for \nqualified medical expenses) is amended to read as follows:\n ``(4) Additional tax on distributions not used for \n qualified medical expenses.--\n ``(A) In general.--The tax imposed by this chapter \n on the account beneficiary for any taxable year in \n which there is a payment or distribution from a health \n savings account of such beneficiary which is includible \n in gross income under paragraph (2) shall be increased \n by 30 percent of the amount which is so includible.\n ``(B) Exception for disability or death.--In the \n case of payments or distributions made after the \n account beneficiary becomes disabled within the meaning \n of section 72(m)(7) or dies, subparagraph (A) shall be \n applied by substituting `15 percent' for `30 percent'.\n ``(C) Exception for distributions after medicare \n eligibility.--In the case of payments or distributions \n made after the date on which the account beneficiary \n attains the age specified in section 1811 of the Social \n Security Act, subparagraph (A) shall be applied by \n substituting `15 percent' for `30 percent'.''.\n (c) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``or section 36'' after \n ``section 35''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the item relating to section 36 and by \n inserting after the item relating to section 35 the following \n new items:\n\n ``Sec. 36. Employment taxes paid with respect to premiums for \n high deductible health plans and \n contributions to health savings accounts.\n ``Sec. 37. Overpayments of tax.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2006.","summary":"Amends the Internal Revenue Code to allow: (1) a tax deduction from gross income for insurance premiums for high deductible health plans. And (2) a tax credit for certain employment taxes related to premiums for high deductible health plans and contributions to health savings accounts.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a deduction for the payment of premiums for high deductible health plans, to allow a credit for certain employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts, and for other purposes.","text_len":12070,"sum_len":286} {"bill_id":"111_hr3903","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Tomorrow by Saving Today \nAct of 2009''.\n\nSEC. 2. EXEMPTION OF CERTAIN INTEREST INCOME FROM TAX.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to amounts specifically \nexcluded from gross income) is amended by inserting after section 115 \nthe following new section:\n\n``SEC. 116. PARTIAL EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS.\n\n ``(a) Exclusion From Gross Income.--Gross income does not include \ninterest otherwise includible in gross income which is received during \nthe taxable year by an individual.\n ``(b) Limitations.--\n ``(1) Maximum amount.--The aggregate amount excluded under \n subsection (a) for any taxable year shall not exceed--\n ``(A) in the case of any taxable year beginning in \n 2009, $500 ($1,000 in the case of a joint return), and\n ``(B) in the case of taxable years beginning after \n 2009--\n ``(i) in the case of a joint return, 200 \n percent of the dollar amount in effect under \n clause (ii) for the taxable year, and\n ``(ii) in any other case, $550.\n ``(2) Inflation adjustment.--In the case of any taxable \n year beginning after 2010, the $550 amount contained in \n paragraph (1)(B)(ii) shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for such calendar year by \n substituting `calendar year 2009' for `calendar year \n 1992' in subparagraph (B) thereof.\n If any increase under the preceding sentence is not a multiple \n of $10, such increase shall be rounded to the nearest multiple \n of $10.\n ``(c) Interest.--For purposes of this section, the term `interest' \nmeans--\n ``(1) interest on deposits with a bank (as defined in \n section 581),\n ``(2) amounts (whether or not designated as interest) paid \n in respect of deposits, investment certificates, or \n withdrawable or repurchasable shares, by--\n ``(A) a mutual savings bank, cooperative bank, \n domestic building and loan association, industrial loan \n association or bank, or credit union, or\n ``(B) any other savings or thrift institution which \n is chartered and supervised under Federal or State law,\n the deposits or accounts in which are insured under Federal or \n State law or which are protected and guaranteed under State \n law.\n ``(d) Certain Nonresident Aliens Ineligible for Exclusion.--For \npurposes of this section, in the case of a nonresident alien \nindividual, subsection (a) shall apply only in determining the taxes \nimposed for the taxable year pursuant to sections 871(b)(1) and \n877(b).''.\n (b) Conforming Amendments.--\n (1) Subparagraph (A) of section 32(i)(2) of such Code is \n amended by inserting ``(determined without regard to section \n 116)'' before the comma.\n (2) Subparagraph (B) of section 86(b)(2) of such Code is \n amended to read as follows:\n ``(B) increased by the sum of--\n ``(i) the amount of interest received or \n accrued by the taxpayer during the taxable year \n which is exempt from tax, and\n ``(ii) the amount of interest received \n during the taxable year which is excluded from \n gross income under section 116.''.\n (3) Subsection (d) of section 135 of such Code is amended \n by redesignating paragraph (4) as paragraph (5) and by \n inserting after paragraph (3) the following new paragraph:\n ``(4) Coordination with section 116.--This section shall be \n applied before section 116.''.\n (4) Paragraph (2) of section 265(a) of such Code is amended \n by inserting before the period ``, or to purchase or carry \n obligations or shares, or to make deposits, to the extent the \n interest thereon is excludable from gross income under section \n 116''.\n (5) Subsection (c) of section 584 of such Code is amended \n by adding at the end the following new flush sentence:\n``The proportionate share of each participant in the amount of interest \nreceived by the common trust fund and to which section 116 applies \nshall be considered for purposes of such section as having been \nreceived by such participant.''.\n (6) Subsection (a) of section 643 of such Code is amended \n by redesignating paragraph (7) as paragraph (8) and by \n inserting after paragraph (6) the following new paragraph:\n ``(7) Interest.--There shall be included the amount of any \n interest excluded from gross income pursuant to section 116.''.\n (7) The table of sections for part III of subchapter B of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 115 the following new item:\n\n``Sec. 116. Partial exclusion of dividends and interest received by \n individuals.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 3. INCREASE IN DOLLAR LIMITATIONS ON CONTRIBUTIONS TO RETIREMENT \n PLANS.\n\n (a) Permanent Increase in Dollar Limitation on Deduction for \nContributions to Individual Retirement Plans.--\n (1) In general.--Paragraph (5) of section 219(b) of the \n Internal Revenue Code of 1986 is amended--\n (A) by amending subparagraph (A) to read as \n follows:\n ``(A) In general.--The deductible amount for any \n taxable year is the applicable dollar amount in effect \n under section 402(g)(1) for such taxable year.'', and\n (B) by striking subparagraph (D).\n (2) Simple retirement accounts.--Subparagraph (E) of \n section 408(p)(2) of such Code is amended to read as follows:\n ``(E) Applicable dollar amount.--For purposes of \n subparagraph (A)(ii), the applicable dollar amount for \n any taxable year is the applicable dollar amount in \n effect under section 402(g)(1) for such taxable \n year.''.\n (b) Temporary Increase in Contributions to Defined Contribution \nPlans.--\n (1) Increase in limitation on elective deferrals.--\n Paragraph (1) of section 402(g) of such Code is amended by \n adding at the end the following new subparagraph:\n ``(D) Temporary increase in applicable dollar \n amount.--In the case of taxable years beginning in \n calendar year 2009, 2010, or 2011, the applicable \n dollar amount determined under subparagraph (B) shall \n not be less than $33,000.''.\n (2) Increase in combined employee and employer limitation \n on contributions to defined contribution plans.--Paragraph 1 of \n section 415(c) of such Code is amended by adding at the end the \n following new flush sentence:\n ``In the case of taxable years beginning in calendar year 2009, \n 2010, or 2011, the dollar amount in effect under subparagraph \n (A) shall not be less than $65,500.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 4. INCREASE IN PERMITTED CATCH-UP CONTRIBUTIONS TO RETIREMENT \n PLANS.\n\n (a) Temporary Increase in Permitted Catch-Up Contributions.--\n (1) In general.--Paragraph (2) of section 414(v) of such \n Code is amended by adding at the end the following new \n subparagraph:\n ``(E) Temporary increase in permitted catch-up \n contributions.--In the case of taxable years beginning \n in calendar year 2009, 2010, or 2011, the dollar amount \n in effect under subparagraph (A) shall not be less than \n $10,000.''.\n (2) Individual retirement plans.--Subparagraph (B) of \n section 219(b)(5) of such Code is amended by adding at the end \n the following new clause:\n ``(iii) Special rule for 2009 through \n 2011.--In the case of taxable years beginning \n in calendar years 2009, 2010, or 2011, the \n dollar amount in effect under clause (i) shall \n not be less than $10,000.''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 5. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS.\n\n (a) In General.--In the case of an eligible defined contribution \nplan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10), \n408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of \n1986 shall not apply with respect to such individual for any year \nduring the suspension period.\n (b) Suspension Period.--For purposes of this section, the term \n``suspension period'' means the period beginning on January 1, 2008, \nand ending on December 31, 2012.\n (c) Eligible Defined Contribution Plan.--For purposes of this \nsection, the term ``eligible defined contribution plan'' means--\n (1) a defined contribution plan (within the meaning of \n section 414(i) of such Code) which is--\n (A) an employee's trust described in section 401(a) \n of such Code which is exempt from tax under section \n 501(a) of such Code,\n (B) an annuity plan described in section 403(a) of \n such Code,\n (C) an annuity contract described in section 403(b) \n of such Code, and\n (D) an eligible deferred compensation plan \n described in section 457(b) of such Code which is \n maintained by an eligible employer described in section \n 457(e)(1)(A) of such Code, and\n (2) an individual retirement plan (as defined in section \n 7701(a)(37) of such Code).\n (d) Special Rules.--\n (1) Required beginning date during suspension period.--The \n required beginning date with respect to any individual under \n section 401(a)(9) of such Code shall be determined without \n regard to this section for purposes of applying sections \n 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and \n 457(d) of such Code for calendar years after 2009.\n (2) Exception for 5-year rule.--In the case of a \n distribution required under section 401(a)(9)(B)(ii) of such \n Code, subsection (a) shall not apply.\n (3) Exemption of distributions during suspension period \n from trustee transfer and withholding rules.--For purposes of \n sections 401(a)(31), 402(f), and 3405 of such Code, any \n distribution during the suspension period which, but for \n subsection (a), would have been a required distribution under \n section 401(a)(9) of such Code shall not be treated as an \n eligible rollover distribution.\n (e) Provisions Relating to Plan Amendments.--\n (1) In general.--If this subsection applies to any plan or \n annuity contract, such plan or contract shall be treated as \n being operated in accordance with the terms of the plan during \n the period described in paragraph (2)(B)(i).\n (2) Amendments to which subsection applies.--\n (A) In general.--This subsection shall apply to any \n amendment to any plan or annuity contract which is \n made--\n (i) pursuant to this section or pursuant to \n any regulation issued by the Secretary of the \n Treasury to carry out this section, and\n (ii) on or before the last day of the first \n plan year beginning on or after January 1, \n 2009.\n (B) Conditions.--This subsection shall not apply to \n any amendment unless during the period beginning on the \n date such amendment takes effect and ending on December \n 31, 2009 (or, if earlier, the date the plan or contract \n amendment is adopted), the plan or contract is operated \n as if such plan or contract amendment were in effect.\n (f) Effective Date.--This section shall take effect on the date of \nthe enactment of this Act.","summary":"Securing Tomorrow by Saving Today Act of 2009 - Amends the Internal Revenue Code to: (1) allow an exclusion from gross income of interest earned on deposits with certain financial institutions. (2) allow increased contributions, including catch-up contributions, to retirement plans in 2009, 2010, and 2011. And (3) suspend minimum distribution requirements from tax-deferred pension plans and individual retirement accounts between 2008 and 2013.","title":"To amend the Internal Revenue Code of 1986 to provide a partial exclusion of interest from the gross income of individuals, to increase retirement plan contribution limitations, and to temporarily suspend minimum distribution requirements for certain defined contribution plans.","text_len":13205,"sum_len":447} {"bill_id":"115_s1420","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lavender Offense Victim Exoneration \nAct of 2017'' or the ``LOVE Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) During the so-called ``Lavender Scare'', at least 1,000 \n people were wrongfully dismissed from the Department of State \n for alleged homosexuality during the 1950s and well into the \n 1960s.\n (2) According to the Department of State's Bureau of \n Diplomatic Security, Department of State employees were forced \n out of the Department on the grounds that their sexual \n orientation ostensibly rendered them vulnerable to blackmail \n and made them security risks.\n (3) In addition to those wrongfully dismissed, many other \n patriotic Americans were prevented from joining the Department \n due to a screening process that was put in place to prevent the \n hiring of those who, according to the findings of the Bureau of \n Diplomatic Security, ``seemed like they might be gay or \n lesbian''.\n (4) Congress bears a special measure of responsibility as \n the Department's actions were in part in response to \n congressional investigations into ``sex perversion of Federal \n employees'', reports on the employment of ``moral perverts by \n Government Agencies'', hearings and pressure placed on the \n Department through the appropriations process and congressional \n complaints that Foggy Bottom was ``rampant with homosexuals who \n were sympathetic to Communism and vulnerable to blackmail''.\n (5) Between 1950 and 1969, the Department of State was \n required to report on the number of homosexuals fired each year \n as part of their annual appeals before Committees on \n Appropriations.\n (6) Although the worst effects of the ``Lavender Scare'' \n are behind us, as recently as the early 1990s, the Department \n of State's security office was investigating State personnel \n thought to be gay and driving them out of government service as \n ``security risks''.\n (7) In 1994, Secretary of State Warren Christopher issued a \n prohibition against discrimination in the Department of State, \n including that based on sexual orientation.\n (8) In 1998, President William Jefferson Clinton signed \n Executive Order 13087 barring discrimination on the basis of \n sexual orientation.\n (9) On January 9, 2017, Secretary of State John Kerry \n issued a statement regarding the ``Lavender Scare'', saying, \n ``On behalf of the Department, I apologize to those who were \n impacted by the practices of the past and reaffirm the \n Department's steadfast commitment to diversity and inclusion \n for all our employees, including members of the LGBTI \n community.''.\n\nSEC. 3. DIRECTOR GENERAL REVIEW.\n\n (a) Review.--The Director General of the Foreign Service and \nDirector of Human Resources of the Department of State, in consultation \nwith the Historian of the Department of State, shall review all \nemployee terminations that occurred after January 1, 1950, to determine \nwho was wrongfully terminated owing to their sexual orientation, \nwhether real or perceived.\n (b) Report.--Not later than 270 days after the date of the \nenactment of this Act, the Director General shall, consistent with \napplicable privacy regulations, compile the information compiled under \nsubsection (a) in a publicly available report. The report shall include \nhistorical statements made by officials of the Department of State and \nCongress encouraging and implementing policies and tactics that led to \nthe termination of employees due to their sexual orientation.\n\nSEC. 4. REPORTS ON REVIEWS.\n\n (a) Reviews.--The Secretary of State shall conduct reviews of the \nconsistency and uniformity of the reviews conducted by the Director \nGeneral under section 3.\n (b) Reports.--Not later than 270 days after the date of the \nenactment of this Act, and annually thereafter for 2 years, the \nSecretary shall submit to Congress a report on the reviews conducted \nunder section 3. Each report shall include any comments or \nrecommendations for continued actions.\n\nSEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD.\n\n (a) Establishment.--The Secretary of State shall establish, within \nthe Office of Civil Rights of the Department of State, an independent \nReconciliation Board to review the reports released by the Director \nGeneral of the Foreign Service and Director of Human Services under \nsection 3(b).\n (b) Duties.--The Reconciliation Board shall--\n (1) consistent with applicable privacy regulations, contact \n all employees found to be fired due to the ``Lavender Scare'' \n or, in the case of deceased former employees, the family \n members of the employees, to inform them that their termination \n from the Department of State has been deemed inappropriate and \n that, if they wish, their employment record can be changed to \n reflect these findings;\n (2) designate a point of contact at a senior level position \n within the Office of the Director General of the Foreign \n Service and Director of Human Resources to receive oral \n testimony of any employees or family members of deceased \n employees mentioned in the report who personally experienced \n discrimination and termination because of the actual or \n perceived sexual orientation in order that such testimony may \n serve as an official record of these discriminatory policies \n and their impact on United States lives; and\n (3) provide an opportunity for any former employee not \n mentioned in the report to bring forth a grievance to the Board \n if they believe they were terminated due to their sexual \n orientation.\n (c) Review of Claims.--\n (1) In general.--The Board shall review each claim \n described in subsection (b) within 150 days of receiving the \n claim. Lack of paperwork may not be used as a basis for \n dismissing any claims.\n (2) Cooperation.--The Department of State shall be \n responsible for producing pertinent information regarding each \n claim to prove the employee was not wrongfully terminated.\n (d) Termination.--The Board shall terminate 5 years after the date \nof the enactment of this Act.\n\nSEC. 6. ISSUANCE OF APOLOGY.\n\n (a) Finding.--Secretary of State Kerry delivered the following \napology on January 9, 2017:\n ``Throughout my career, including as Secretary of State, I have \nstood strongly in support of the LGBTI community, recognizing that \nrespect for human rights must include respect for all individuals. \nLGBTI employees serve as proud members of the State Department and \nvalued colleagues dedicated to the service of our country. For the last \nseveral years, the Department has pressed for the families of LGBTI \nofficers to have the same protections overseas as families of other \nofficers. In 2015, to further promote LGBTI rights throughout the \nworld, I appointed the first ever Special Envoy for the Human Rights of \nLGBTI Persons.\n ``In the past--as far back as the 1940s, but continuing for \ndecades--the Department of State was among many public and private \nemployers that discriminated against employees and job applicants on \nthe basis of perceived sexual orientation, forcing some employees to \nresign or refusing to hire certain applicants in the first place. These \nactions were wrong then, just as they would be wrong today.\n ``On behalf of the Department, I apologize to those who were \nimpacted by the practices of the past and reaffirm the Department's \nsteadfast commitment to diversity and inclusion for all our employees, \nincluding members of the LGBTI community.''\n (b) Congressional Apology.--Congress hereby offers a formal apology \nfor its responsibility in encouraging the ``Lavender Scare'' and \nsimilar policies at the Department of State, as these policies were in \npart a response to congressional investigations into ``sex perversion \nof Federal employees'', reports on the employment of ``moral perverts \nby Government Agencies'', and hearings or pressure otherwise placed on \nthe Department of State through the appropriations process.\n\nSEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.\n\n (a) In General.--The Secretary of State shall work with the current \npublic-private partnership associated with the Department of State's \nnew United States Diplomacy Center to establish a permanent exhibit on \nthe ``Lavender Scare'' in the museum to assure that the history of this \nunfortunate episode is not brushed aside.\n (b) Specifications.--The exhibit--\n (1) shall be installed at the museum not later than one \n year after the date of enactment of this Act;\n (2) should provide access to the reports compiled by the \n Director General of the Foreign Service and Director of Human \n Resources under section 3(b); and\n (3) shall readily display material gathered from oral \n testimony received pursuant to section 5(b)(2) from employees \n or family members of deceased employees who were subject to \n these discriminatory policies during the ``Lavender Scare''.\n\nSEC. 8. GUIDANCE ON ISSUING VISAS.\n\n To demonstrate the Department of State's commitment to ensuring \nfairness for current employees, not later than 100 days after the date \nof the enactment of this Act, the Secretary of State shall submit to \nCongress a report on countries not issuing visas to the spouses of all \nForeign Service personnel posted overseas due to their sexual \norientation. This report shall include any comments or recommendations \nfor actions, including eliminating visa reciprocity with countries \nfound to be instituting these practices against the spouses of Foreign \nService personnel, that will lead to ensuring that all spouses of \nForeign Service personnel receive visas for the country their spouse is \nassigned, regardless of sexual orientation.\n\nSEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD.\n\n (a) Establishment.--The Secretary of State shall establish, within \nthe Office of the Director General of the Department of State, a board \ncomprised of senior-level officials to address the issues faced by \nLGBTQI Foreign Service employees and their families.\n (b) Hearing of Testimony.--The Advancement Board shall hear \ntestimony from any willing LGBTQI Foreign Service employees and their \nfamilies regarding any discrimination they have faced due to their \nsexual orientation.\n (c) Report.--\n (1) In general.--Not later than 100 days after completing \n collection of testimony described under subsection (b), and \n annually thereafter for 5 years, the Advancement Board shall \n submit to Congress a report based on the testimony.\n (2) Content.--The report required under paragraph (1) shall \n include any comments or recommendations for continued actions \n to improve the Department of State to ensure that no employee \n or their family members experience discrimination due to their \n sexual orientation.\n (3) Privacy.--The report required under paragraph (1) shall \n remain private and will only be accessible to Members of \n Congress, their appropriate staff, and members of the \n Advancement Board.","summary":"Lavender Offense Victim Exoneration Act of 2017 ornbsp. The LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation . The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: createnbsp. A reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation. Create an advancement board to address employment issues of current LGBTQI Foreign Officers. Establish a permanent exhibit about the terminations in the State Department's USnbsp, Diplomacy Center. Report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because ofnbsp, nbsp, their sexual orientation.","title":"Lavender Offense Victim Exoneration Act of 2017","text_len":11698,"sum_len":1077} {"bill_id":"109_hr6153","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Counter Terrorism Financing \nCoordination Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) In an October 2005 report to the Congress, the \n Comptroller General reviewed the United States Government's \n interagency efforts to coordinate the delivery of training and \n technical assistance to countries vulnerable to terrorist \n financing, and issues of accountability in the blocking of \n terrorist assets held in the United States by the Secretary of \n the Treasury.\n (2) In April 2006, the Comptroller General of the United \n States testified before the Congress on the findings of the \n October 2005 report and, among other things, the Comptroller \n General testified that ``Although the United States Government \n provides a range of training and technical assistance to \n countries it deems vulnerable to terrorist financing, it does \n not have a strategic and integrated plan to coordinate the \n delivery of this assistance.''.\n (3) The Terrorist Financing Working Group, an interagency \n entity established by the National Security Council and chaired \n by the Secretary of State, coordinates the delivery of training \n and technical assistance to nearly two dozen countries the \n Working Group considers to be priority countries, as well as to \n other countries the Working Group considers to be nonpriority \n countries, that are vulnerable to terrorist financing.\n (4) The Comptroller General testified that the Secretary of \n State and the Secretary of the Treasury disagree about the \n roles and procedures of each agency within the Terrorist \n Financing Working Group for the delivery of counterterrorism \n financing training and technical assistance, thereby causing \n the overall effort to lack effective leadership.\n (5) An example of how this disagreement has impacted the \n delivery of training and technical assistance to countries \n vulnerable to terrorist financing is as follows:\n (A) In May 2005, the Department of State denied a \n Department of the Treasury employee official entry into \n a priority country in response to a request from the \n central bank of that country to set up a financial \n intelligence unit.\n (B) The Secretary of State told the Comptroller \n General that the Department wanted to conduct a \n Terrorist Financing Working Group assessment before \n allowing the Department of the Treasury to continue its \n work.\n (C) According to the report of the Government \n Accountability Office, the United States Ambassador to \n the country requested a delay in the assessment and the \n work of the Department of the Treasury was allowed to \n proceed.\n (D) However, as a result of this disagreement, the \n entry of the Department of the Treasury official into \n the country and the work itself was delayed by several \n months.\n (6) The Comptroller General testified that the interagency \n coordinating effort on terrorist financing training and \n technical assistance lacked other key elements that are \n critical to effective strategic planning, such as the strategic \n alignment of resources with needs and risks, and a process to \n measure results.\n (7) The October 2005 report of the Comptroller General \n found that the Attorney General, who provides technical \n assistance in the drafting of anti-terrorist financing \n legislation for priority countries, concluded that ``having \n procedures and practices for Terrorist Financing Working Group \n priority countries that differ from those for other vulnerable \n countries creates problems''.\n (8) The October 2005, report of the Comptroller General \n cited several instances of interagency disagreements on whether \n it is appropriate for contractors for the United States to \n provide legislative drafting assistance for counterterrorism \n financing legislation.\n (9) In connection with this disagreement, the Secretary of \n State and the Attorney General believe that legislative \n drafting should be conducted by officials of the Department of \n Justice, while the Secretary of the Treasury, in some \n instances, advocated the use of contractors for nonpriority \n countries.\n (10) The Attorney General objected to the use of \n contractors and indicated that previous contractor work on \n legislative drafting did not meet international standards for \n effective counterterrorism financing legislation, citing as an \n example the work of a contractor to the Agency for \n International Development who assisted in drafting legislation \n which officials of the Department of Justice had to complete \n because the draft included substantial deficiencies, in the \n opinion of the Attorney General.\n (11) In April 2006, officials representing the Secretary of \n State and the Secretary of the Treasury testified before the \n Financial Services Committee of the House of Representatives \n that they did not act on the Comptroller General's \n recommendations to develop a strategic and integrated plan for \n the delivery of counterterrorism financing training and \n technical assistance and to enter into an interagency \n Memorandum of Agreement that clarifies each agency's roles and \n responsibilities.\n (12) The officials testified that both the Secretary of \n State and the Secretary of the Treasury believe that an \n integrated strategic plan already exists and that ``There is no \n desire among the Terrorist Financing Working Group agencies to \n reinvent a process that has worked well for several years and \n worked even better since the issuance of the General \n Accountability Office report.''.\n (13) The Comptroller General recommended in his \n congressional testimony that Congress require ``the Secretary \n of State and the Secretary of the Treasury to submit an annual \n report to Congress showing the status of interagency efforts to \n develop and implement an integrated strategic plan and \n Memorandum of Agreement to ensure Terrorist Financing Working \n Group's seamless functioning, particularly with respect to \n Terrorist Financing Working Group roles and procedures''.\n\nSEC. 3. MEMORANDUM OF AGREEMENT REQUIRED.\n\n (a) In General.--The Secretary of State and the Secretary of the \nTreasury shall negotiate and enter into a Memorandum of Agreement \n(hereafter in this section referred to as the ``Agreement'') specifying \nthe role of each of the Secretary's respective Department in the \ndelivery of counterterrorism financing training and technical \nassistance provided to countries abroad (without regard to whether any \ncountry is designated as a priority country or a nonpriority country by \nthe Terrorist Financing Working Group).\n (b) Specific Subject to Be Included.--In addition to such other \nmatters as the Secretary of State and the Secretary of the Treasury \ndetermine to be appropriate for inclusion in the Agreement, the \nAgreement shall include the following:\n (1) Leadership and role.--The specific designation of \n leadership, and the role of each agency, in the delivery of \n counterterrorism financing training and technical assistance to \n all countries (without regard to whether any country is \n designated as a priority country or a nonpriority country by \n the Terrorist Financing Working Group).\n (2) Dispute resolution methodology.--A methodology and \n procedures for resolving interagency disputes over the delivery \n of counterterrorism financing training and technical \n assistance, which shall include specific and reasonable \n timeframes for seeking such resolution before elevating \n unresolved disagreements to the next level of decision-making, \n up to and including the Secretaries, and a process for \n submitting any disputes the Secretaries are unable to resolve \n within a specific and reasonable timeframe to the National \n Security Council for resolution.\n (3) Coordination of funding and resources.--The \n coordination of funding and resources for counterterrorism \n financing and anti-money laundering training and technical \n assistance delivered to all countries (without regard to \n whether any country is designated as a priority country or a \n nonpriority country by the Terrorist Financing Working Group), \n including the means for providing a transparent assessment of \n United States Government resources and a method for aligning \n those resources with the needs of vulnerable countries.\n (4) Private contractors.--A procedure for determining the \n appropriateness of any use of contractors by the Secretary of \n the Treasury in the delivery of counterterrorism financing \n training and technical assistance in any country (without \n regard to whether the country is designated as a priority \n country or a nonpriority country by the Terrorist Financing \n Working Group), including a system for evaluating, in \n consultation with the Secretary of State, the Attorney General \n and other appropriate officers, the quality of work performed \n by such contractors.\n (5) Performance evaluation.--A process to measure the \n performance and results of counterterrorism training and \n technical assistance.\n\nSEC. 4. ANNUAL REPORT.\n\n (a) In General.--The Secretary of the Treasury shall include in the \nannual report to the Congress on terrorist assets complete information \non the nature and extent of activities, during the period covered by \nthe report, in blocking access of owners or account holders to \nfinancial assets due to the connection of such owners or accountholders \nto terrorism.\n (b) Contents.--The report under subsection (a) shall include the \nfollowing:\n (1) The results of the performance evaluation under \n Memorandum of Agreement entered into pursuant to section 3 for \n the period covered by the report.\n (2) Differences in amounts blocked between the period \n covered by the report and preceding periods.\n (3) When and why blocks were removed from financial assets \n during period covered by the report.\n (4) The achievements and obstacles faced by the United \n States Government with respect to locating and blocking \n terrorist assets or in the delivery of counterterrorism \n financing training and technical assistance.\n (5) A classified index.","summary":"Counter Terrorism Financing Coordination Act - Directs The Secretary of State and the Secretary of the Treasury to negotiate and enter into a Memorandum of Agreement specifying each Department's role in providing foreign counterterrorism financing training and technical assistance. Requires such Agreement to include provisions respecting: (1) leadership and role designations, (2) dispute resolution methodology, (3) funding and resource coordination, (4) private contractor determinations. And (5) performance evaluation criteria. Directs the Secretary of the Treasury to include in the annual congressional report on terrorist assets information on the nature and extent of activities to block the financial asset access of owners or account holders with terrorism connections.","title":"To improve the delivery of counterterrorism financing training and technical assistance by providing for greater interagency coordination and cooperation, and for other purposes.","text_len":11468,"sum_len":781} {"bill_id":"104_hr3729","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defend America Against Weapons of \nMass Destruction Act of 1996''.\n\nSEC. 2. FINDINGS AND DEFINITION.\n\n (a) Findings.--Congress makes the following findings:\n (1) Although the United States possesses the technological \n means to develop and deploy defensive systems that would be \n highly effective in countering limited ballistic missile \n threats to its territory, its ability to detect and intercept \n weapons of mass destruction delivered by unconventional means \n is limited.\n (2) It is axiomatic that the incentive for the \n unconventional delivery of weapons of mass destruction will \n increase in direct proportion to the perceived effectiveness of \n theater missile and other regular military defense systems.\n (3) The target of weapons of mass destruction may not be \n military in the usual sense of the term and, as such, the \n threat that is posed to the citizens of the United States by \n chemical and biological weapons delivered by nonconventional \n means is significant and growing.\n (4) Several countries that are hostile to the United \n States, including Iraq, Libya, and Iran, have demonstrated an \n interest in acquiring the technology necessary to manufacture \n weapons of mass destruction.\n (5) In addition, the acquisition or the development and use \n of weapons of mass destruction is well within the capability of \n many extremist and terrorist movements, acting independently or \n as proxies, and states can transfer weapons to or otherwise aid \n such movements indirectly and with plausible deniability.\n (6) Covert or unconventional means of delivery, which may \n be preferable to both States and non-State organizations, \n include cargo ships, passenger aircraft, commercial and private \n vehicles and vessels, or commercial cargo shipments routed \n through multiple destinations.\n (7) Traditional arms control efforts assume large state \n efforts with detectable manufacturing and weaponization \n programs in peacetime but are ineffective in monitoring and \n controlling the development of a capability to manufacture \n suddenly chemical, biological, or nuclear weapons with little \n or no warning and with nothing but commercial supplies and \n equipment. Such efforts are also incapable of predicting and \n tracking transfers of capabilities relating to weapons of mass \n destruction.\n (8) Because of the dire consequences to the citizens of the \n United States posed by weapons of mass destruction, and because \n traditional arms control efforts are inadequate, it is prudent \n to commence a coordinated effort among local, State, and \n Federal emergency response organizations to develop \ntechnologies and capabilities to detect and intercept weapons of mass \ndestruction, to equip and protect those emergency response \norganizations who are first on the scene, and, where necessary, to \ndecontaminate areas where such weapons are manufactured or detonated.\n (9) Congress has repeatedly expressed concern about the use \n of weapons of mass destruction, stating in November 1993 (in \n section 1704 of the National Defense Authorization Act For \n Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522 note)) \n that ``the President should strengthen Federal interagency \n emergency planning by the Federal Emergency Management Agency \n and other appropriate Federal, State, and local agencies for \n development of a capability for early detection and warning of \n and response to--\n ``(1) potential terrorist use of chemical or biological \n agents or weapons; and\n ``(2) emergencies or natural disasters involving industrial \n chemicals or the widespread outbreak of disease.''.\n (b) Weapons of Mass Destruction Defined.--For purposes of this Act, \nthe term ``weapons of mass destruction'' means chemical, biological, \nand nuclear weapons (whether militarized or improvised) that are \ndesigned to spread their contents through explosions or other \ndissemination means.\n\nSEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PROGRAM.\n\n (a) In General.--Chapter 139 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 2375. Weapons of mass destruction: threat from attack by \n unconventional means\n ``(a) Establishment of Program.--The Secretary of Defense shall \ncarry out a research and development program to enhance the \ncapabilities of the United States relating to the threat to the United \nStates of an attack inside the United States by unconventional means \ninvolving weapons of mass destruction. In carrying out such program, \nthe Secretary shall take into consideration relevant assessments and \nrecommendations of any interagency task force or committee.\n ``(b) Activities To Be Included in the Program.--The activities to \nbe carried out by the Secretary under the program shall include the \nfollowing:\n ``(1) Research, development, test, and evaluation of \n technologies relating to any of the following:\n ``(A) Detection of chemical, biological, and \n nuclear weapons.\n ``(B) Interception of such weapons.\n ``(C) Protection against such weapons.\n ``(D) Assistance to other Federal departments and \n agencies and State and local agencies in responding to \n an attack made using such weapons, including casualty \n treatment.\n ``(E) Decontamination of areas affected by an \n attack using such weapons.\n ``(2) Training of personnel for the activities specified in \n subparagraphs (A) through (E) of paragraph (1).\n ``(3) Identification of Federal equipment and technologies \n that can be transferred, and training that can be provided, \n from one Federal agency to another agency or to State and local \n agencies consistent with the purposes of the program under this \n section.\n ``(c) Consultation With State and Local Authorities.--In carrying \nout the program under this section, the Secretary shall consult \nregularly with, and shall seek the views of, representatives of--\n ``(1) State and local government law enforcement \n authorities; and\n ``(2) State and local government emergency planning \n authorities.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``2375. Weapons of mass destruction: threat from attack by \n unconventional means.''.\n\nSEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAFFORD ACT.\n\n Section 201(b) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5131(b)) is amended by adding at \nthe end the following new sentence: ``In the case of preparation by the \nStates against major disasters involving weapons of mass destruction \n(as defined in section 2(b) of the Defend America Against Weapons of \nMass Destruction Act of 1996), technical assistance under the preceding \nsentence in developing comprehensive plans and practicable programs for \npreparation against such disasters may be provided through any \ndepartment or agency of the United States designated by the President \nfor such purpose.''.\n\nSEC. 5. REPORT TO CONGRESS.\n\n Not later than one year after the date of the enactment of this \nAct, the President shall submit to Congress a report describing the \nactions taken, and planned to be taken, to carry out section 2375 of \ntitle 10, United States Code, as added by section 3, and the sentence \nin section 201(b) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act added by section 4. The report shall include a \nstatement of the costs of such actions.","summary":"Defend America Against Weapons of Mass Destruction Act of 1996 - Amends Federal law to direct the Secretary of Defense to carry out a research and development program to enhance US capabilities relating to the threat of an attack inside the United States by unconventional means involving weapons of mass destruction. Specifies that the activities to be carried out by the Secretary under the program shall include: (1) research, development, test, and evaluation of technologies relating to detection of chemical, biological, and nuclear weapons, interception of and protection against such weapons, assistance to other Federal departments and agencies and State and local agencies in responding to an attack, including casualty treatment, and decontamination of areas affected by an attack, (2) training of personnel for such activities. And (3) identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another or to State and local agencies consistent with the purposes of the program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal technical assistance to the States in developing comprehensive plans and practicable programs for preparation against major disasters involving weapons of mass destruction. Sets forth reporting requirements.","title":"Defend America Against Weapons of Mass Destruction Act of 1996","text_len":8264,"sum_len":1375} {"bill_id":"111_s3272","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Close the Revolving Door Act of \n2010''.\n\nSEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING.\n\n (a) In General.--Section 207(e)(1) of title 18, United States Code, \nis amended to read as follows:\n ``(1) Members of congress.--Any person who is a Senator, a \n Member of the House of Representatives or an elected officer of \n the Senate or the House of Representatives and who after that \n person leaves office, knowingly makes, with the intent to \n influence, any communication to or appearance before any \n Member, officer, or employee of either House of Congress or any \n employee of any other legislative office of the Congress, on \n behalf of any other person (except the United States) in \n connection with any matter on which such former Senator, \n Member, or elected official seeks action by a Member, officer, \n or employee of either House of Congress, in his or her official \n capacity, shall be punished as provided in section 216 of this \n title.''.\n (b) Conforming Amendment.--Section 207(e)(2) of title 18, United \nStates Code, is amended--\n (1) in the caption, by striking ``Officers and staff'' and \n inserting ``Staff''; and\n (2) by striking ``an elected officer of the Senate, or''.\n\nSEC. 3. CONGRESSIONAL STAFF.\n\n Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of \ntitle 18, United States Code, is amended by striking ``1 year'' and \ninserting ``6 years''.\n\nSEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES.\n\n Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is \namended by inserting at the end the following:\n ``(c) Joint Web Site.--\n ``(1) In general.--The Secretary of the Senate and the \n Clerk of the House of Representatives shall maintain a joint \n lobbyist disclosure Internet database for information required \n to be publicly disclosed under this Act which shall be an \n easily searchable Web site called lobbyists.gov with a stated \n goal of simplicity of usage.\n ``(2) Authorization of appropriations.--There are \n authorized to be appropriated to carry out this subsection \n $100,000 for fiscal year 2011.''.\n\nSEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS.\n\n (a) In General.--Any person who is a registered lobbyist or an \nagent of a foreign principal may not within 6 years after that person \nleaves such position be hired by a Member or committee of either House \nof Congress with whom the registered lobbyist or an agent of a foreign \nprincipal has had substantial lobbying contact.\n (b) Waiver.--This section may be waived in the Senate or the House \nof Representatives by the Committee on Ethics or the Committee on \nStandards of Official Conduct based on a compelling national need.\n (c) Substantial Lobbying Contact.--For purposes of this section, in \ndetermining whether a registered lobbyist or agent of a foreign \nprincipal has had substantial lobbying contact within the applicable \nperiod of time, the Member or committee of either House of Congress \nshall take into consideration whether the individual's lobbying \ncontacts have pertained to pending legislative business, or related to \nsolicitation of an earmark or other Federal funding, particularly if \nsuch contacts included the coordination of meetings with the Member or \nstaff, involved presentations to staff, or participation in fundraising \nexceeding the mere giving of a personal contribution. Simple social \ncontacts with the Member or committee of either House of Congress and \nstaff, shall not by themselves constitute substantial lobbying \ncontacts.\n\nSEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF \n CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR.\n\n (a) Clarification of Rules on Use of Campaign Funds for Flights on \nCommercial Aircraft.--\n (1) In general.--Paragraph (1) of section 313(c) of the \n Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is \n amended--\n (A) by striking ``a candidate for election for \n Federal office (other than a candidate who is subject \n to paragraph (2)), or any authorized committee of such \n a candidate, may not make any expenditure for a flight \n on an aircraft'' in the matter preceding subparagraph \n (A) and inserting ``in the case of a candidate for \n election to Federal office (other than a candidate who \n is subject to paragraph (2)), no political committee \n may make any expenditure for travel by such a \n candidate, or for travel on behalf of such a candidate, \n by means of a flight on an aircraft (regardless of \n whether such travel is in connection with an election \n for Federal office)'', and\n (B) by striking ``candidate, the authorized \n committee, or other'' in subparagraph (B).\n (2) Effective date.--The amendment made by this subsection \n shall apply to flights taken on or after the date of the \n enactment of this Act.\n (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing \nRules of the Senate is amended--\n (1) in subclause (C), by striking ``and'' after the \n semicolon;\n (2) by inserting after subclause (D) the following:\n ``(E) the source will submit a list of the names of any \n registered lobbyist or an agent of a foreign principal on the \n trip not later than 30 days after the trip; and''.\n\nSEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS.\n\n Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441g) is amended by--\n (1) by striking ``No person'' and inserting the following:\n ``(a) In General.--Except as provided in subsection (b), no \nperson''; and\n (2) inserting at the end the following:\n ``(b) Lobbyist.--\n ``(1) Total ban.--If the person described in subsection (a) \n is a lobbyist, the amount referred to in subsection (a) shall \n be zero.\n ``(2) Lobbyist.--In this subsection, the term `lobbyist' \n shall have the same meaning given such term in section 3(10) of \n the Lobbying Disclosure Act of 1995.''.\n\nSEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.\n\n The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is \namended by inserting after section 6 the following:\n\n``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.\n\n ``(a) In General.--A substantial lobbying entity shall file on an \nannual basis with the Clerk of the House of Representatives and the \nSecretary of the United States Senate a list of any employee, \nindividual under contract, or individual who provides paid consulting \nservices who is--\n ``(1) a former United States Senator or a former Member of \n the United States House of Representatives; or\n ``(2) a former congressional staff person who--\n ``(A) made at least $100,000 in any 1 year as a \n congressional staff person;\n ``(B) worked for a total of 4 years or more as a \n congressional staff person; or\n ``(C) had a job title at any time while employed as \n a congressional staff person that contained any of the \n following terms: `Chief of Staff', `Legislative \n Director', `Staff Director', `Counsel', `Professional \n Staff Member', `Communications Director', or `Press \n Secretary'.\n ``(b) Contents of Filing.--The filing required by this section \nshall contain a brief job description of each such employee, individual \nunder contract, or individual who provides paid consulting services, \nand an explanation of their work experience under subsection (a) that \nrequires this filing.\n ``(c) Improved Reporting of Substantial Lobbying Entities.--The \nJoint Web site being maintained by the Secretary of the Senate and the \nClerk of the House of Representatives, known as lobbyists.gov, shall \ninclude an easily searchable database entitled `Substantial Lobbying \nEntities' that includes qualifying employees, individuals under \ncontract, or individuals who provide paid consulting services, under \nsubsection (a).\n ``(d) Law Enforcement Oversight.--The Clerk of the House of \nRepresentatives and the Secretary of the Senate shall provide a copy of \nthe filings of substantial lobbying entities to the District of \nColumbia United States Attorney, to allow the District of Columbia \nUnited States Attorney to determine whether any such entities are \nunderreporting the Federal lobbying activities of its employees, \nindividuals under contract, or individuals who provide paid consulting \nservices.\n ``(e) Substantial Lobbying Entity.--In this section, the term \n`substantial lobbying entity' means an incorporated entity that employs \nmore than 3 federally registered lobbyists during a filing period.''.\n\nSEC. 9. ENHANCED PENALTIES.\n\n Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. \n1606(a)) is amended by striking ``$200,000'' and inserting \n``$500,000''.","summary":"Close the Revolving Door Act of 2010 - Amends the federal criminal code to impose a permanent ban on lobbying contacts by any former Member of Congress or elected officer of the Senate or the House of Representatives with any Member, officer, or employee of either house of Congress or any employee of any other legislative office. Provides for a six-year lobbying ban on former congressional staff. Amends the Lobbying Disclosure Act of 1995 to: (1) require the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint Internet website for the disclosure of lobbying activity called lobbyist. gov. (2) require a substantial lobbying entity to file annually with the Secretary and Clerk a list of any employee or contractor who is a former Member of Congress or congressional staff person who made at least $100,000 in any one year, who worked for a total of four years or more in that capacity, or who had a job title that contained the terms Chief of Staff, Legislative or Staff Director, Counsel, Professional Staff Member, Communications Director, or Press Secretary. (3) require the Secretary and the Clerk to provide a copy of the filings of substantial lobbying entities to the US Attorney for the District of Columbia. And (4) increase from $200,000 to $500,000 the civil penalty for intentional failure to correct a defective filing of lobbying activity. Prohibits any person who is a registered lobbyist or an agent of a foreign principal, within six years after leaving such position, from being hired by a Member or committee of either house of Congress with whom that lobbyist or agent has had substantial lobbying contact, subject to a waiver based on a compelling national need. Amends the Federal Election Campaign Act of 1971 to prohibit: (1) a political committee from making any expenditure or reimbursement for noncommercial air travel by a candidate for federal office. And (2) a lobbyist from making any contribution of US or foreign currency to or for the benefit of any candidate for federal office.","title":"A bill to provide greater controls and restrictions on revolving door lobbying.","text_len":9443,"sum_len":2056} {"bill_id":"114_hr1649","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Partnering to Detect and Defeat \nTunnels Act''.\n\nSEC. 2. FINDINGS AND SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) Tunnels have been used for centuries around the world \n as a means of avoiding detection or circumventing defenses.\n (2) Tunnels can be used for criminal purposes, such as \n smuggling drugs, weapons, or humans, or for terrorist or \n military purposes, such as launching surprise attacks or \n detonating explosives underneath infrastructure.\n (3) Tunnels have been a growing threat on the southern \n border of the United States for many years, and the Department \n of Homeland Security has been working to address this threat.\n (4) The conflict in Gaza in 2014 showed that terrorists are \n now actively using tunnels as a means of attack, and news \n reports indicate that tunnels are being used in Syria as well.\n (5) Terrorist organizations are quick to adopt successful \n tactics, and it is only a matter of time before other terrorist \n organizations begin using tunnels.\n (6) The facilities of the United States, and those of the \n allies of the United States, could be under threat very quickly \n if tunnel threats continue to proliferate.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) it is in the best interests of the United States to \n develop technology to detect and counter tunnels, and the best \n way to do this is to partner with other affected countries; and\n (2) Israel is facing serious threats posed by tunnels and \n should be the first partner of the United States in addressing \n this significant challenge.\n\nSEC. 3. DEVELOPMENT OF TUNNEL DETECTION TECHNOLOGY.\n\n (a) Partnerships.--\n (1) Israel.--The Secretary of Defense, in coordination with \n the Secretary of State and the Secretary of Homeland Security, \n shall seek to enter into an agreement with Israel to partner \n and coordinate in developing and deploying technologies to \n detect and counter tunnels, including by--\n (A) carrying out research, development, testing, \n and evaluation activities with respect to tunnel \n detection technologies; and\n (B) carrying out operational testing of such \n technologies in both the United States and Israel.\n (2) Other allies.--In addition to the agreement described \n in paragraph (1), the Secretary of Defense, in coordination \n with the Secretary of State and the Secretary of Homeland \n Security, may seek to enter into similar agreements with allies \n of the United States to develop technologies to detect and \n counter tunnels.\n (b) Lead Development Agency.--The Secretary of Defense, in \ncoordination with the Secretary of Homeland Security, shall designate a \nmilitary department or other element of the Department of Defense to \ncarry out subsection (a) as the lead agency of the Federal Government \nfor developing technology to detect and counter tunnels.\n (c) Lead Intelligence Officer.--The Director of National \nIntelligence shall designate a senior intelligence officer to manage \nthe collection and analysis of intelligence regarding the tactical use \nof tunnels by state and non-state actors.\n (d) Annual Reports.--Not later than 180 days after the date of the \nenactment of this Act, and each year thereafter through 2020, the \nSecretary of Defense shall submit to Congress a report containing, with \nrespect to the period covered by each such report, the following:\n (1) Instances of tunnels being used to attack installations \n of the United States or allies of the United States.\n (2) Trends or developments in tunnel attacks throughout the \n world.\n (3) Key technologies used and challenges faced by potential \n adversaries of the United States with respect to using tunnels.\n (4) The capabilities of the Department of Defense for \n defending fixed or forward locations from tunnel attacks.\n (5) Partnerships entered into with allies of the United \n States under this section, and potential opportunities for \n increased partnerships with other allies with respect to \n researching tunnel detection technologies.\n (6) The plans, including with respect to funding, of the \n Secretary for countering threats posed by tunnels.\n (e) Authorization of Appropriations.--In addition to amounts \notherwise authorized to be appropriated for fiscal year 2016, to carry \nout this section there is authorized to be appropriated for fiscal year \n2016--\n (1) for research, development, test, and evaluation, Army, \n for sensors and electronic survivability, $5,000,000;\n (2) for research, development, test, and evaluation, \n Defense-wide, for the physical security program of the \n Combating Terrorism Technical Support Office, $8,000,000; and\n (3) for the Joint Improvised Explosive Device Defeat Fund, \n $10,000,000.","summary":"Partnering to Detect and Defeat Tunnels Act This bill expresses the sense of Congress that: (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries. And (2) Israel is facing serious threats posed by tunnels and should be the first US partner in addressing this challenge. The Secretary of Defense: (1) shall seek to enter into an agreement with Israel to partner in developing and deploying technologies to detect and counter tunnels, (2) may seek to enter into similar agreements with US allies, and (3) shall report to Congress annually through 2020.","title":"Partnering to Detect and Defeat Tunnels Act","text_len":5337,"sum_len":674} {"bill_id":"106_hr4800","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ronald Reagan Memorial Act of \n2000''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Ronald Reagan is an American hero deserving of \n recognition by this and future generations of Americans and \n visitors from around the world.\n (2) As President, Ronald Reagan initiated policies that won \n the Cold War, protected and restored freedom and democracy \n around the globe, lowered taxes on American citizens, tamed the \n economic threats of inflation and economic stagnation, and \n ushered in an unprecedented era of peace and prosperity across \n the Nation, and his contributions merit permanent \n memorialization.\n (3) The legacies of Ronald Reagan include restoring faith \n in our system of democracy and capitalism, returning pride in \n being an American, and renewing the honor and decency of the \n American Presidency, and are deserving of national recognition.\n (4) The contributions of former President Ronald Reagan, \n and his status as a preeminent twentieth-century American \n statesman and one of the greatest American Presidents, merit \n and require a permanent memorialization alongside the other \n great American leaders memorialized on the Mall in the District \n of Columbia.\n\nSEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN.\n\n (a) Authorization of Ronald Reagan Memorial.--\n (1) In general.--The Ronald Reagan Memorial Commission is \n authorized to establish the Ronald Reagan Memorial in \n accordance with this Act, on Federal lands administered by the \n National Park Service in the District of Columbia.\n (2) Location.--The memorial shall be situated in a location \n that is--\n (A) recommended by the Ronald Reagan Memorial \n Commission; and\n (B) in the area on the Mall west of the Capitol and \n east of the Lincoln Memorial, and within the area \n referred to in the Commemorative Works Act (40 U.S.C. \n 1001 et seq.) as Area I.\n (b) Duties of the National Capital Memorial Commission and the \nSecretary of the Interior.--The National Capital Memorial Commission \nand the Secretary of the Interior shall assist the members of the \nRonald Reagan Memorial Commission--\n (1) in the preparation of a recommendation to the Congress \n of a permanent location for the memorial; and\n (2) the selection of a design for the memorial and the \n grounds of the memorial.\n (c) Detail of Department of the Interior Employees.--The Secretary \nof the Interior shall detail to the Ronald Reagan Memorial Commission \nsuch support staff as are necessary to assist the members of the \ncommission in carrying out its responsibilities.\n (d) Beginning of Process.--The Ronald Reagan Memorial Commission \nshall begin the process of recommending a location and selecting a \ndesign for the memorial no later than six months after the date of \nenactment of this Act.\n (e) Marker.--\n (1) In general.--The Secretary shall erect, at the site \n approved by the Congress for the memorial, a suitable marker \n designating the site as the ``Future Site of the Ronald Reagan \n Memorial''.\n (2) Requirements.--The marker shall be--\n (A) installed by the Secretary no later than 3 \n months after the date of the enactment of a law \n approving the location for the memorial;\n (B) no smaller than 3 feet square and constructed \n of durable material suitable to the outdoor \n environment; and\n (C) maintained at the location by the Secretary \n until the memorial is completed, dedicated, and open to \n the public.\n (f) Relationship to the Commemorative Works Act.--Sections 3(c), \n7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c), \n1007(a)(2), 1008(a)(1)) shall not apply to the memorial.\n\nSEC. 4. RONALD REAGAN MEMORIAL COMMISSION.\n\n (a) Establishment.--There is established a commission, to be known \nas the Ronald Reagan Memorial Commission. The commission shall--\n (1) be comprised of--\n (A) the Chairman of the National Capital Memorial \n Commission;\n (B) one member appointed by the Speaker of the \n House of Representatives by no later than 6 months \n after the date of the enactment of this Act; and\n (C) one member appointed by the majority leader of \n the Senate by no later than 6 months after the date of \n the enactment of this Act;\n (2) be chaired by one of its members, to be designated \n jointly by the Speaker of the House of Representatives and the \n majority leader of the Senate;\n (3) meet no later than one month after its members are \n appointed, and at such other times as may be necessary; and\n (4) be exempt from the Federal Advisory Committee Act (5 \n U.S.C. App.).\n (b) Duties.--The Ronald Reagan Memorial Commission shall--\n (1) raise necessary funds from private sector sources to \n design, construct, and maintain the memorial;\n (2) in cooperation with the National Capital Memorial \n Commission and the Secretary of the Interior, determine and \n recommend to the Congress a permanent location for the \n memorial;\n (3) select a design for the memorial from proposals \n solicited and accepted from qualified American architects; and\n (4) issue a report to the Congress and the President on its \n activities every six months after its first meeting, and issue \n a final report to the Congress and the President, including a \n recommended location and final design for the memorial, no \n later than February 6, 2002.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Memorial.--The term ``memorial'' means the Ronald \n Reagan Memorial authorized by this Act.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n Amend the title so as to read: ``A bill to authorize the \n establishment of a memorial to former President Ronald Reagan \n within the area in the District of Columbia referred to in the \n Commemorative Works Act as `Area I', to provide for the design \n and construction of such memorial, and for other purposes.''.\n\n\n\n\n ","summary":"Requires the Secretary to erect a suitable marker designating theFuture Site of the Ronald Reagan Memorial which shall be maintained at the location until the memorial is open to the public. Establishes the Ronald Reagan Memorial Commission to: (1) raise necessary funds from appropriate private sector sources to design, construct, and maintain the memorial. (2) determine and recommend to Congress a permanent location for the memorial, (3) select a design for the memorial. And (4) report to Congress and the President on a recommended location and final design for the memorial no later than February 6, 2002.","title":"Ronald Reagan Memorial Act of 2000","text_len":6866,"sum_len":613} {"bill_id":"111_hr929","text":"SECTION 1. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM.\n\n (a) In General.--Subchapter II of chapter 36 of title 38, United \nStates Code, is amended by inserting after section 3687 the following \nnew section:\n``Sec. 3687A. Military occupational specialty transition (MOST) program\n ``(a) Establishment; Eligibility.--(1) Subject to the availability \nof appropriations for such purpose, the Secretary shall carry out a \nprogram of training to provide eligible veterans with skills relevant \nto the job market.\n ``(2) For purposes of this section, the term `eligible veteran' \nmeans any veteran--\n ``(A) whose military occupational specialty at the time of \n discharge is determined by the Secretary to have limited \n transferability to the civilian job market;\n ``(B) who is not otherwise eligible for education or \n training services under this title;\n ``(C) who has not acquired a marketable skill since leaving \n military service;\n ``(D) who was discharged under conditions not less than \n general under honorable conditions; and\n ``(E)(i) who has been unemployed for at least 90 days \n during the 180-day period preceding the date of application for \n the program established under this section; or\n ``(ii) the maximum hourly rate of pay of such veteran \n during such 180-day period is not more than 150 percent of the \n Federal minimum wage.\n ``(b) MOST Program.--The program established under this section \nshall provide for payments to employers who provide for eligible \nveterans a program of apprenticeship or on-the-job training if--\n ``(1) such program is approved as provided in paragraph (1) \n or (2) of section 3687(a) of this title;\n ``(2) the rate of pay for veterans participating in the \n program is not less than the rate of pay for nonveterans in \n similar jobs; and\n ``(3) the Secretary reasonably expects that--\n ``(A) the veteran will be qualified for employment \n in that field upon completion of training; and\n ``(B) the employer providing the program will hire \n the veteran at the completion of training.\n ``(c) Payments to Employers.--(1) Subject to the availability of \nappropriations for such purpose, the Secretary shall enter into \ncontracts with employers to provide programs of apprenticeship or on-\nthe-job training that meet the requirements of this section. Each such \ncontract shall provide for the payment of the amounts described in \nsubsection (b) to employers whose programs meet such requirements.\n ``(2) The amount paid under this section with respect to any \neligible veteran for any period shall be 50 percent of the wages paid \nby the employer to such veteran for such period. Wages shall be \ncalculated on an hourly basis.\n ``(3)(A) Except as provided in subparagraph (B)--\n ``(i) the amount paid under this section with respect to a \n veteran participating in the program established under this \n section may not exceed $20,000 in the aggregate and $1,666.67 \n per month; and\n ``(ii) such payments may only be made during the first 12 \n months of such veteran's participation in the program.\n ``(B) In the case of a veteran participating in the program on a \nless than full-time basis, the Secretary may extend the number of \nmonths of payments under subparagraph (A) and proportionally adjust the \namount of such payments, but the maximum amount paid with respect to a \nveteran may not exceed the maximum amount of $20,000 and the maximum \namount of such payments may not exceed 24 months.\n ``(4) Payments under this section shall be made on a quarterly \nbasis.\n ``(5) Each employer providing a program of apprenticeship or on-\nthe-job training pursuant to this section shall submit to the Secretary \non a quarterly basis a report certifying the wages paid to eligible \nveterans under such program (which shall be certified by the veteran as \nbeing correct) and containing such other information as the Secretary \nmay specify. Such report shall be submitted in the form and manner \nrequired by the Secretary.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated $60,000,000 for each of fiscal years 2009 through 2018 to \ncarry out this section.\n ``(e) Reporting.--The Secretary shall include a detailed \ndescription of activities carried out under this section in the annual \nreport prepared by the Veterans Benefits Administration.\n ``(f) Separate Accounting.--The Department shall have a separate \nline item in budget proposals of the Department for funds to be \nappropriated to carry out this section.''.\n (b) Clerical Amendment.--The table of sections for such chapter is \namended by inserting after the item relating to section 3687 the \nfollowing new item:\n\n``3687A. Military occupational specialty transition (MOST) program.''.\n (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 \nof such title is amended by striking ``and 3687'' and inserting ``3687, \nand 3687A''.\n (2) Subsections (a)(1) and (c) of section 3241 of such title are \neach amended by striking ``section 3687'' and inserting ``sections 3687 \nand 3687A''.\n (3) Subsection (d)(1) of section 3672 of such title is amended by \nstriking ``and 3687'' and inserting ``3687, and 3687A''.\n (4) Paragraph (3) of section 4102A(b) of such title is amended by \nstriking ``section 3687'' and inserting ``section 3687 or 3687A''.","summary":"Directs the Secretary of Veterans Affairs to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150 of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market. (2) are not otherwise eligible for veterans' education or training services. (3) have not acquired a marketable skill since leaving military service, (4) were discharged under conditions not less than honorable. And (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST Program. Directs the Secretary to contract with employers to provide on-the-job training or apprenticeship programs for such veterans. Limits payments under the program to $20,000 per veteran and 24 months in duration.","title":"To amend title 38, United States Code, to require the Secretary of Veterans Affairs to carry out a program of training to provide eligible veterans with skills relevant to the job market, and for other purposes.","text_len":5646,"sum_len":859} {"bill_id":"110_hr6540","text":"SECTION 1. PURPOSE.\n\n The purpose of this Act is to establish the Trade Agreement \nEnforcement Commission to oversee the enforcement of worker rights \nprovisions in trade agreements to which the United States is a party \nand in trade preference programs.\n\nSEC. 2. ESTABLISHMENT.\n\n (a) In General.--There is established the Trade Agreement \nEnforcement Commission (in this Act referred to as the ``Commission'').\n (b) Membership.--\n (1) In general.--The Commission shall be composed of 15 \n members, who shall be appointed as follows from among persons \n in private life who have expertise in matters involving worker \n rights:\n (A) Four members shall be appointed by the Speaker \n of the House of Representatives, after consulting with \n the chairman of the Committee on Education and Labor \n and the chairman of the Committee on Ways and Means.\n (B) Three members shall be appointed by the \n minority leader of the House of Representatives, after \n consulting with the ranking member of the Committee on \n Education and Labor and the ranking member of the \n Committee on Ways and Means.\n (C) Four members shall be appointed by the majority \n leader of the Senate, after consulting with the \n chairman of the Committee on Health, Education, Labor, \n and Pensions and the chairman of the Committee on \n Finance.\n (D) Three members shall be appointed by the \n minority leader of the Senate, after consulting with \n the ranking member of the Committee on Health, \n Education, Labor, and Pensions and the ranking member \n of the Committee on Finance.\n (E) One member shall be appointed by the President.\n (2) Staggered terms.--(A) Each appointing authority \n referred to under subparagraphs (A) and (C) of paragraph (1) \n shall make the initial appointments on a staggered term basis, \n such that--\n (i) 1 appointment shall be for a term \n expiring on December 31, 2009;\n (ii) 1 appointment shall be for a term \n expiring on December 31, 2010; and\n (iii) 2 appointments shall be for a term \n expiring on December 31, 2011.\n (B) Each appointing authority referred to under \n subparagraphs (B) and (D) of paragraph (1) shall make the \n initial appointments on a staggered term basis, such that--\n (i) 1 appointment shall be for a term expiring on \n December 31, 2009;\n (ii) 1 appointment shall be for a term expiring on \n December 31, 2010; and\n (iii) 1 appointment shall be for a term expiring on \n December 31, 2011.\n (C) The President shall make the initial appointment under \n subparagraph (E) of paragraph (1) for a term expiring on \n December 31, 2010.\n (D) Each appointing authority under paragraph (1) shall \n make all subsequent appointments on an approximate 2-year term \n basis to expire on December 31 of the applicable year.\n (E) Each appointing authority under paragraph (1) shall \n make appointments not later than January 31 of the year in \n which the term of the member of the Commission is to begin.\n (3) Reappointment.--Members of the Commission may be \n reappointed for additional terms of service as members of the \n Commission.\n (4) Vacancies.--Any member appointed to fill a vacancy \n occurring before the expiration of the term for which the \n member's predecessor was appointed shall be appointed only for \n the remainder of that term. A member may serve after the \n expiration of that member's term until a successor has taken \n office. A vacancy on the Commission shall be filled in the \n manner in which the original appointment was made.\n (c) Chairperson and Vice Chairperson.--The members of the \nCommission shall select a Chairperson and Vice Chairperson of the \nCommission from among the members of the Commission.\n (d) Meetings.--\n (1) Meetings.--The first meeting of the Commission shall be \n held not later than 90 days after the initial appointments are \n made under subsection (b). Thereafter, the Commission shall \n meet at the call of the Chairperson of the Commission.\n (2) Quorum.--A majority of the members of the Commission \n shall constitute a quorum for the transaction of business of \n the Commission.\n (e) Voting.--Each member of the Commission shall be entitled to one \nvote, which shall be equal to the vote of every other member of the \nCommission.\n\nSEC. 3. DUTIES.\n\n (a) In General.--The Commission shall monitor, investigate, and \nreport to Congress and the President on the enforcement by each trading \npartner of the United States of worker rights in the territory of the \ntrading partner.\n (b) Specific Matters.--In carrying out subsection (a), the \nCommission shall do the following:\n (1) Monitor enforcement of worker rights in the territory \n of each trading partner of the United States.\n (2) Review enforcement activities, including complaints, \n claims, and petitions reviewed, of the United States Trade \n Representative, and the Office of Trade and Labor Affairs in \n the Bureau of International Affairs of the Department of Labor, \n with respect to violations of worker rights in the territory of \n trading partners of the United States.\n (3) With respect to trading partners of the United States \n that are violating worker rights, make recommendations that the \n Commission considers appropriate to the President, including--\n (A) invoking dispute settlement procedures under \n the applicable trade agreement with a trading partner \n of the United States that is failing to enforce worker \n rights in the territory of that trading partner;\n (B) withdrawing trade preferences from a trading \n partner under the applicable trade agreement with the \n trading partner, or under the applicable trade \n preference program, as the case may be;\n (C) establishing an ombudsman in the territory of a \n trading partner that has engaged in a pattern of \n violations of worker rights or that has engaged in \n serious violations of worker rights, for the purpose of \n monitoring and investigating worker rights in those \n countries; or\n (D) taking such other actions as the Commission \n considers appropriate.\n (c) Annual Report.--Not later than June 1 of each year (beginning \nin 2009), the Commission shall submit to the Congress and the President \na report on the enforcement by the trading partners of the United \nStates of worker rights within the territories of such trading \npartners, including the recommendations for action, if any, under \nsubsection (b)(3). If possible, the report shall include an analysis of \nthe impact of any violations of workers rights in the territory of a \ntrading partner on the economy of the United States and, in particular, \non employment in the United States.\n (d) Report by the President.--The President shall report to the \nCongress, not later than 6 months after each report of the Commission \nis submitted under subsection (c), on the actions taken by the \nexecutive branch with respect to all issues addressed in the \nCommission's report, including whether, or the extent to which, the \nPresident has implemented any recommendations of the Commission with \nrespect to the enforcement of worker rights.\n\nSEC. 4. POWERS.\n\n (a) Hearings.--The Commission or, at its direction, any panel or \nmember of the Commission, may, for the purpose of carrying out the \nprovisions of this Act, hold hearings, sit and act at times and places, \ntake testimony, receive evidence, and administer oaths to the extent \nthat the Commission or any panel or member considers advisable.\n (b) Information.--The Commission may request from any Federal \ndepartment or agency information that the Commission considers \nnecessary to enable the Commission to carry out its duties under this \nAct. Upon the request of the Commission, the head of such department or \nagency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (d) Commission Personnel Matters.--\n (1) Compensation of members.--Each member of the Commission \n shall be compensated at a rate equal to the daily equivalent of \n the annual rate of basic pay prescribed for level IV of the \n Executive Schedule under section 5315 of title 5, United States \n Code, for each day (including travel time) during which such \n member is engaged in the performance of the duties of the \n Commission.\n (2) Travel expenses.--The members of the Commission shall \n be allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in the performance of services for the Commission.\n (3) Staff.--\n (A) In general.--The Chairperson of the Commission \n may, without regard to the civil service laws and \n regulations, appoint and terminate an executive \n director and such other additional personnel as may be \n necessary to enable the Commission to perform its \n duties. The employment of an executive director shall \n be subject to confirmation by the Commission.\n (B) Compensation.--The Chairperson of the \n Commission may fix the compensation of the executive \n director and other personnel without regard to the \n provisions of chapter 51 and subchapter III of chapter \n 53 of title 5, United States Code, relating to \n classification of positions and General Schedule pay \n rates, except that the rate of pay for the executive \n director and other personnel may not exceed the rate \n payable for level V of the Executive Schedule under \n section 5316 of such title.\n (4) Detail of government employees.--Any Federal Government \n employee may be detailed to the Commission without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status or privilege.\n (5) Procurement of temporary and intermittent services.--\n The Chairperson of the Commission may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code, at rates for individuals which do not exceed the \n daily equivalent of the annual rate of basic pay prescribed for \n level V of the Executive Schedule under section 5316 of such \n title.\n (6) Foreign travel for official purposes.--Foreign travel \n for official purposes by members and staff of the Commission \n may be authorized by either the Chairperson or the Vice \n Chairperson of the Commission.\n (7) Applicability of certain pay authorities.--An \n individual who is a member of the Commission and is an \n annuitant or otherwise covered by section 8344 or 8468 of title \n 5, United States Code, by reason of membership on the \n Commission is not subject to the provisions of section 8344 or \n 8468 (whichever is applicable) with respect to such membership.\n (e) Support Services.--The Administrator of the General Services \nAdministration shall provide to the Commission on a reimbursable basis \nsuch administrative support services as the Commission may request.\n (f) Federal Advisory Committee Act.--The provisions of the Federal \nAdvisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply \nto the activities of the Commission.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Worker rights.--The term ``worker rights'' means, with \n respect to a trading partner--\n (A) those provisions of the trade agreement between \n the United States and the trading partner that relate \n to worker rights in the territory of the trading \n partner, or\n (B) those provisions of law establishing the \n applicable trade preference program relating to worker \n rights in the territory of the trading partner,\n as the case may be.\n (2) Trade preference program.--The term ``trade preference \n program'' means a program established under the laws of the \n United States that provides trade preferences to countries that \n meet eligibility requirements set forth in the applicable law, \n including title V of the Trade Act of 1974, the Carribean Basin \n Economic Recovery Act, the African Growth and Opportunity Act, \n and the Andean Trade Preference Act.\n (3) Trading partner of the united states.--The term \n ``trading partner of the United States'' means--\n (A) any country with which the United States has in \n effect a trade agreement providing for the reduction of \n tariff and nontariff barriers between the two \n countries; and\n (B) any country that is a beneficiary country under \n a trade preference program.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Commission for \nfiscal year 2009 and each fiscal year thereafter such sums as may be \nnecessary to carry out this Act.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall take effect on the first day of the 111th Congress.","summary":"Establishes the Trade Agreement Enforcement Commission to oversee enforcement of worker rights provisions in: (1) trade agreements between the United States and other countries, and (2) trade preference programs.","title":"To create a Trade Agreement Enforcement Commission.","text_len":14794,"sum_len":212} {"bill_id":"108_hr4482","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Long Island Sound Protection Act''.\n\nSEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL.\n\n Section 106 of the Marine Protection, Research, and Sanctuaries Act \nof 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and \ninserting the following:\n ``(f) Prohibition on Dumping of Dredged Material.--\n ``(1) Definitions.--In this subsection:\n ``(A) Covered body of water.--The term `covered \n body of water' means--\n ``(i) Long Island Sound;\n ``(ii) Fisher's Island Sound;\n ``(iii) Block Island Sound;\n ``(iv) Peconic Bay; and\n ``(v) any harbor or tributary of a body of \n water described in any of clauses (i) through \n (iv).\n ``(B) Covered project.--The term `covered project' \n means--\n ``(i) any Federal dredging project (or any \n project conducted for a Federal agency pursuant \n to Federal authorization);\n ``(ii) a dredging project carried out by a \n non-Federal entity that results in the \n production of more than 25,000 cubic yards of \n dredged material; and\n ``(iii) any of 2 or more dredging projects \n carried out by 1 or more non-Federal entities \n in a covered body of water, simultaneously or \n sequentially within a 180-day period, that \n result, in the aggregate, in the production of \n more than 25,000 cubic yards of dredged \n material.\n ``(C) Plan.--The term `plan' means the dredged \n material management plan required under paragraph (5).\n ``(2) Prohibition.--No dredged material from any covered \n project shall be dumped, or transported for the purpose of \n dumping, into any covered body of water unless and until the \n dredged material is determined by the Administrator--\n ``(A) to have, or to cause (including through \n bioaccumulation), concentrations of chemical \n constituents that are not greater than those \n concentrations present in the water column, sediments, \n and biota of areas proximate to, but unaffected by, the \n proposed disposal site; and\n ``(B) to meet all requirements under this title \n (including the trace contaminant provision under \n section 227.6 of title 40, Code of Federal Regulations \n (or a successor regulation), and requirements under \n other regulations promulgated under section 108).\n ``(3) Designation of sites.--No dredged material shall be \n dumped, or transported for the purpose of dumping, into any \n covered body of water except--\n ``(A) at a site designated by the Administrator in \n accordance with section 102(c); and\n ``(B) upon a determination by the Administrator, \n following approval of the plan required under paragraph \n (5)(F), that no feasible alternative to ocean disposal, \n including sediment remediation, beneficial reuse, and \n land-based alternatives, is available prior to the time \n of designation.\n ``(4) Relationship to other law.--\n ``(A) In general.--Except as provided in \n subparagraph (B), this title applies to each covered \n body of water.\n ``(B) Exception.--No waiver under section 103(d) \n shall be available for the dumping of dredged material \n in any covered body of water.\n ``(5) Dredged material management plan.--\n ``(A) In general.--Before designation of any \n dredged material disposal site in a covered body of \n water, the Secretary and the Administrator, in \n consultation with the United States Fish and Wildlife \n Service, the National Marine Fisheries Service, the \n Coast Guard, and the States of Connecticut and New \n York, shall--\n ``(i) develop a dredged material management \n plan for the management of all dredged sediment \n in the covered bodies of water; and\n ``(ii) submit the plan to Congress and the \n Governors of the States of Connecticut and New \n York.\n ``(B) Objectives.--The objectives of the plan shall \n be--\n ``(i) to identify sources, quantities, and \n the extent of contamination of dredged material \n that requires disposal;\n ``(ii) to determine management actions that \n are to be taken to reduce sediment and \n contaminant loading of dredged areas;\n ``(iii) to thoroughly assess alternative \n locations, treatment technologies, and \n beneficial uses for dredged material;\n ``(iv) to ensure that dumping is the \n disposal option of last resort for dredged \n material and is used only after all other \n options have been exhausted;\n ``(v) to secure--\n ``(I) alternative methods of \n disposal of dredged materials, \n including decontamination technologies; \n and\n ``(II) alternative uses of \n materials, including upland disposal, \n containment, beach nourishment, marsh \n restoration, habitat construction, and \n other beneficial reuses; and\n ``(vi) to confirm the specific roles of \n Federal, State, and local agencies with respect \n to various aspects of dredged material \n management.\n ``(C) Requirements.--The plan shall include \n environmental, economic, and other analysis required to \n meet the objectives listed in subparagraph (B), \n including--\n ``(i) an analysis of strategies to reduce \n sediment loading of harbors and navigation \n areas;\n ``(ii) an analysis of sources of sediment \n contamination, including recommendations for \n management measures to limit or reduce those \n contamination sources;\n ``(iii) an analysis of options for reducing \n dredging needs through modification of \n navigation strategies;\n ``(iv) an analysis of decontamination \n technologies, including subsequent alternative \n uses of decontaminated materials (such as \n upland disposal, containment, beach \n nourishment, marsh restoration, and habitat \n construction); and\n ``(v) a program for use of alternative \n methods of disposal and use of dredged \n material, including alternatives to dumping or \n dispersal in a covered body of water.\n ``(D) Public input.--The Secretary and the \n Administrator shall--\n ``(i) during the development of the plan, \n hold in the States of Connecticut and New York \n a series of public hearings on the plan; and\n ``(ii) append to the plan a summary of the \n public comments received.\n ``(E) Support.--Each of the Federal agencies \n referred to in subparagraph (A) shall provide such \n staff support and other resources as are necessary to \n carry out this paragraph.\n ``(F) Approval by connecticut and new york.--\n ``(i) In general.--Not later than 60 days \n after the date of receipt of the plan, the \n Governors of the States of Connecticut and New \n York shall notify the Secretary and the \n Administrator of whether the States approve or \n disapprove the plan.\n ``(ii) Dumping of dredged material.--No \n dredged material from a covered project may be \n dumped, or transported for the purpose of \n dumping, in any covered body of water unless \n the dredged material--\n ``(I) conforms to a plan that has \n been approved by the Governors of the \n States of Connecticut and New York; and\n ``(II) is to be dumped in a dredged \n material disposal site designated by \n the Administrator under this title.\n ``(iii) Finality.--No dredged material \n disposal plan shall become final until the plan \n has been approved by the States of Connecticut \n and New York under clause (i).\n ``(iv) Previously designated sites.--No \n dredged material disposal site in any covered \n body of water that was designated before the \n date of enactment of this clause shall be used \n for dumping of dredged material from a covered \n project until the plan has been approved by the \n States of Connecticut and New York under clause \n (i).\n ``(G) Authorization of appropriations.--There is \n authorized to be appropriated to carry out this \n paragraph $5,000,000 for each of fiscal years 2005 and \n 2006.''.","summary":"Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site. And (2) meet certain Federal dumping requirements. Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal is available prior to the time of designation. Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval.","title":"To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of dredged material in certain bodies of water.","text_len":11227,"sum_len":1348} {"bill_id":"114_s2433","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``University Transit Rider Innovation \nProgram Act of 2015'' or ``UTRIP Act''.\n\nSEC. 2. FORMULA GRANTS TO INCREASE PUBLIC TRANSPORTATION RIDERSHIP BY \n COLLEGE STUDENTS.\n\n (a) In General.--Chapter 53 of title 49, United States Code, is \namended--\n (1) by inserting after section 5307 the following:\n``Sec. 5308. Formula grants to increase ridership by college students\n ``(a) Definitions.--In this section--\n ``(1) the term `covered student' means an undergraduate or \n graduate student attending an institution of higher education;\n ``(2) the term `eligible entity' means--\n ``(A) a recipient or subrecipient that provides \n covered students a discounted fare for public \n transportation that meets the requirements under \n subsection (d)(1); or\n ``(B) a recipient that allocates amounts provided \n to the recipient under a grant under this section to a \n subrecipient described in subparagraph (A);\n ``(3) the term `institution of higher education' has the \n meaning given the term in section 101 of the Higher Education \n Act of 1965 (20 U.S.C. 1001);\n ``(4) the term `large urbanized area' means an urbanized \n area with a population of not less than 200,000 individuals, as \n determined by the Bureau of the Census;\n ``(5) the term `recipient' means a designated recipient, a \n local governmental authority, or a State;\n ``(6) the term `small urbanized area' means an urbanized \n area with a population of less than 200,000 individuals, as \n determined by the Bureau of the Census; and\n ``(7) the term `subrecipient' means a State or local \n governmental authority, a private nonprofit organization, or an \n operator of public transportation services, including a private \n operator of public transportation services.\n ``(b) General Authority.--\n ``(1) Grants.--The Secretary may make grants under this \n section to recipients that are eligible entities to increase \n the use of public transportation by covered students in \n accordance with subsection (c).\n ``(2) Subrecipients.--A recipient that receives a grant \n under this section may allocate the amounts provided under the \n grant to subrecipients that are eligible entities to increase \n the use of public transportation by covered students in \n accordance with subsection (c).\n ``(c) Use of Funds.--An eligible entity may use amounts provided \nunder a grant under this section to--\n ``(1) offset decreased revenue resulting from providing \n discounted fares to covered students;\n ``(2) provide general operating assistance to public \n transportation services and routes designed to better serve \n institutions of higher education; or\n ``(3) pay for capital costs associated with expanding and \n maintaining public transportation services and routes designed \n to serve institutions of higher education.\n ``(d) Discounted Fare.--\n ``(1) In general.--In order to qualify as an eligible \n entity described in subsection (a)(2)(A), a recipient or \n subrecipient shall provide to covered students a discounted \n fare for public transportation that is--\n ``(A) not more than 75 percent of the fare; and\n ``(B) applicable to both monthly and single-ride \n fares.\n ``(2) Rule of construction.--Nothing in paragraph (1) shall \n be construed to prohibit a recipient or subrecipient that, as \n of the date of enactment of the University Transit Rider \n Innovation Program Act of 2015, provides a discounted fare to \n covered students that meets the requirements under paragraph \n (1), including a discounted fare that is lower than 75 percent \n of the fare, from qualifying as an eligible entity described in \n subsection (a)(2)(A).\n ``(e) Apportionment and Transfers.--\n ``(1) Formula.--The Secretary shall apportion amounts made \n available to carry out this section as follows:\n ``(A) Large urbanized areas.--Sixty percent of the \n funds shall be apportioned among designated recipients \n for large urbanized areas in the ratio that--\n ``(i) the number of full-time equivalent \n covered students in each such urbanized area; \n bears to\n ``(ii) the number of full-time equivalent \n covered students in all such urbanized areas.\n ``(B) Small urbanized areas.--Twenty percent of the \n funds shall be apportioned among the States in the \n ratio that--\n ``(i) the number of full-time equivalent \n covered students in small urbanized areas in \n each State; bears to\n ``(ii) the number of full-time equivalent \n covered students in small urbanized areas in \n all States.\n ``(C) Rural areas.--Twenty percent of the funds \n shall be apportioned among the States in the ratio \n that--\n ``(i) the number of full-time equivalent \n covered students in rural areas in each State; \n bears to\n ``(ii) the number of full-time equivalent \n covered students in rural areas in all States.\n ``(2) Areas served by projects.--\n ``(A) In general.--Except as provided in \n subparagraph (B)--\n ``(i) funds apportioned under paragraph \n (1)(A) shall be used to serve covered students \n or institutions of higher education in large \n urbanized areas;\n ``(ii) funds apportioned under paragraph \n (1)(B) shall be used to serve covered students \n or institutions of higher education in small \n urbanized areas; and\n ``(iii) funds apportioned under paragraph \n (1)(C) shall be used to serve covered students \n or institutions of higher education in rural \n areas.\n ``(B) Exceptions.--A State may use funds \n apportioned to the State under subparagraph (B) or (C) \n of paragraph (1)--\n ``(i) to serve covered students or \n institutions of higher education in an area \n other than an area specified in subparagraph \n (A)(ii) or (A)(iii), as the case may be, if the \n Governor of the State certifies that all of the \n objectives of this section are being met in the \n area specified in subparagraph (A)(ii) or \n (A)(iii); or\n ``(ii) to serve covered students or \n institutions of higher education anywhere in \n the State, if the State has established a \n statewide program for meeting the objectives of \n this section.\n ``(C) Consultation.--A recipient may transfer an \n amount under subparagraph (B) only after consulting \n with responsible local officials, publicly owned \n operators of public transportation, and nonprofit \n providers in the area for which the amount was \n originally apportioned.''; and\n (2) in section 5338(a)--\n (A) in paragraph (1)--\n (i) in subparagraph (A), by striking \n ``$9,347,604,639'' and inserting \n ``$9,597,604,639'';\n (ii) in subparagraph (B), by striking \n ``$9,534,706,043'' and inserting \n ``$9,784,706,043'';\n (iii) in subparagraph (C), by striking \n ``$9,733,353,407'' and inserting \n ``$9,983,353,407'';\n (iv) in subparagraph (D), by striking \n ``$9,939,380,030'' and inserting \n ``$10,189,380,030''; and\n (v) in subparagraph (E), by striking \n ``$10,150,348,462'' and inserting \n ``$10,400,348,462''; and\n (B) in paragraph (2)--\n (i) in subparagraph (M), by striking \n ``and'' at the end;\n (ii) in subparagraph (N), by striking the \n period at the end and inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(M) $250,000,000 for each of fiscal years 2016 \n through 2020 shall be available to carry out section \n 5308.''.\n (b) Technical and Conforming Amendments.--\n (1) Table of sections.--The table of sections for chapter \n 53 of title 49, United States Code, is amended by striking the \n item relating to section 5308 and inserting the following:\n\n``5308. Formula grants to increase ridership by college students.''.\n (2) Obligation ceiling.--Section 3018 of the Federal Public \n Transportation Act of 2015 (title III of Public Law 114-94) is \n amended--\n (A) in paragraph (1), by striking \n ``$9,347,604,639'' and inserting ``$9,597,604,639'';\n (B) in paragraph (2), by striking \n ``$9,733,706,043'' and inserting ``$9,983,706,043'';\n (C) in paragraph (3), by striking \n ``$9,733,353,407'' and inserting ``$9,983,353,407'';\n (D) in paragraph (4), by striking \n ``$9,939,380,030'' and inserting ``$10,189,380,030''; \n and\n (E) in paragraph (5), by striking \n ``$10,150,348,462'' and inserting ``$10,400,348,462''.","summary":"University Transit Rider Innovation Program Act of 2015 or the UTRIP Act This bill authorizes the Department of Transportation (DOT) to make grants to designated recipients, local or state governmental authorities, private nonprofit organizations, or operators of public transportation services (recipients) to increase the use of public transportation by undergraduate or graduate students attending an institution of higher education . A recipient may use amounts provided under a grant to: offset decreased revenue resulting from providing discounted fares to covered students, provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education, or pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve such institutions. To be eligible for a grant, a recipient must provide to covered students a discounted fare for public transportation that is: (1) not more than 75 of the fare, and (2) applicable to both monthly and single-ride fares. DOT shall apportion amounts made available to carry out this Act to large urbanized areas, small urbanized areas, and rural areas based on the relative numbers of full-time equivalent covered students in such areas, according to a specified formula, with specified exceptions.","title":"UTRIP Act","text_len":10818,"sum_len":1362} {"bill_id":"110_s1914","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Policy and Posture Review \nAct of 2007''.\n\nSEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW.\n\n (a) Nuclear Policy Review.--\n (1) In general.--The President shall conduct a nuclear \n policy review to consider a range of options on the role of \n nuclear weapons in United States security policy. The policy \n review shall be coordinated by the National Security Advisor \n and shall include the Secretary of State, the Secretary of \n Energy, the Secretary of Defense, the Director of National \n Intelligence, the Director of the Office of Management and \n Budget, and the Director of the Office of Science and \n Technology Policy.\n (2) Scope of review.--The nuclear policy review conducted \n under paragraph (1) shall--\n (A) address the role and value of nuclear weapons \n in the current global security environment;\n (B) set forth short-term and long-term objectives \n of United States nuclear weapons policy;\n (C) consider the contributions of the Treaty on the \n Non-Proliferation of Nuclear Weapons, done at \n Washington, London, and Moscow July 1, 1968 (commonly \n referred to as the ``Nuclear Non-Proliferation \n Treaty''), to United States national security, and \n include recommendations for strengthening the Treaty;\n (D) explore the relationship between the nuclear \n policy of the United States and nonproliferation and \n arms control objectives and international treaty \n obligations, including obligations under Article VI of \n the Nuclear Non-Proliferation Treaty;\n (E) determine the role and effectiveness of the \n Treaty Between the United States of America and the \n Union of Soviet Socialist Republics on the Reduction \n and Limitation of Strategic Offensive Arms, signed at \n Moscow July 31, 1991 (commonly referred to as the \n ``START I Treaty''), and the Treaty Between the United \n States of America and the Russian Federation on \n Strategic Offensive Reductions, done at Moscow May 24, \n 2002 (commonly referred to as the ``Moscow Treaty''), \n in achieving the national security and nonproliferation \n goals of the United States and in implementing United \n States military strategy, and describe the elements of \n a recommended successor treaty, including verification \n provisions; and\n (F) provide policy guidance and make \n recommendations for the nuclear posture review to be \n conducted under subsection (b).\n (3) Outside input.--The policy review shall include \n contributions from outside experts and, to the extent possible, \n shall include public meetings to consider a range of views.\n (b) Nuclear Posture Review.--\n (1) In general.--Following completion of the nuclear policy \n review under subsection (a), the Secretary of Defense shall \n conduct a comprehensive review of the nuclear posture of the \n United States to clarify United States nuclear deterrence \n policy and strategy. The Secretary shall conduct the review in \n collaboration with the Secretary of Energy, the Secretary of \n State, the Director of National Intelligence, and the National \n Security Advisor.\n (2) Elements of review.--The nuclear posture review \n conducted under paragraph (1) shall include the following \n elements:\n (A) The role of nuclear forces in United States \n military strategy, planning, and programming, including \n the extent to which conventional forces can assume \n roles previously assumed by nuclear forces.\n (B) The policy requirements and objectives for the \n United States to maintain a safe, reliable, and \n credible nuclear deterrence posture, in light of the \n guidance provided by the nuclear policy review \n conducted under subsection (a).\n (C) The targeting strategy required to implement \n effectively the guidance provided by the nuclear policy \n review conducted under subsection (a).\n (D) The levels and composition of the nuclear \n delivery systems that will be required for implementing \n the United States national and military strategy, \n including any plans for removing, replacing, or \n modifying existing systems.\n (E) The nuclear weapons complex that will be \n required for implementing the United States national \n and military strategy, including any plans to \n consolidate, modernize, or modify the complex.\n (F) The active and inactive nuclear weapons \n stockpile that will be required for implementing the \n United States national and military strategy, including \n any plans for replacing or modifying warheads.\n (G) An account of the different nuclear postures \n considered in the review and the reasoning for the \n selection of the nuclear posture.\n (c) Reports Required.--\n (1) Nuclear policy review.--Not later than September 1, \n 2009, the President shall submit to Congress a report on the \n results of the nuclear policy review conducted under subsection \n (a).\n (2) Nuclear posture review.--Not later than March 1, 2010, \n the President shall submit to Congress a report on the results \n of the nuclear posture review conducted under subsection (b).\n (3) Form.--Each report required under this subsection shall \n be submitted in unclassified form, but may contain a classified \n annex.\n (d) Sense of Congress on Use of Nuclear Posture Review.--It is the \nsense of Congress that the nuclear policy review conducted under \nsubsection (a) should be used as the basis for establishing future \nstrategic arms control objectives and negotiating positions of the \nUnited States.\n (e) Restriction on Funding of Reliable Replacement Warhead \nProgram.--Notwithstanding any other provision of law, no funds may be \nappropriated or otherwise made available for the Reliable Replacement \nWarhead Program for fiscal years 2008, 2009, or 2010 until the reports \nrequired under subsection (c) have been submitted to Congress.","summary":"Nuclear Policy and Posture Review Act of 2007 - Directs the President to conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in US security policy. Requires the Secretary of Defense to conduct a comprehensive review of the US nuclear posture to clarify US nuclear deterrence policy and strategy. Expresses the sense of Congress that the President's review should be used as the basis for establishing future US strategic arms control objectives and negotiating positions. Prohibits the appropriation or availability of funds for the Reliable Replacement Warhead Program for FY2008-FY2010 until reports on the above reviews have been submitted to Congress.","title":"A bill to require a comprehensive nuclear posture review, and for other purposes.","text_len":7001,"sum_len":697} {"bill_id":"111_s500","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Consumers from \nUnreasonable Credit Rates Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) attempts have been made to prohibit usurious interest \n rates in America since colonial times;\n (2) at the State level, 15 states and the District of \n Columbia have enacted broadly applicable usury laws that \n protect borrowers from high-cost payday loans and many other \n forms of credit, while 34 states and the District of Columbia \n have limited annual interest rates to 36 percent or less for 1 \n or more types of consumer credit;\n (3) at the Federal level, in 2006, Congress enacted a \n Federal 36 percent annualized usury cap for service members and \n their families for covered credit products, as defined by the \n Department of Defense, which curbed payday, car title, and tax \n refund lending around military bases;\n (4) notwithstanding such attempts to curb predatory \n lending, high-cost lending persists in all 50 States due to \n loopholes in State laws, safe harbor laws for specific forms of \n credit, and the exportation of unregulated interest rates \n permitted by preemption;\n (5) due to the lack of a comprehensive Federal usury cap, \n consumers annually pay approximately $17,500,000,000 for high-\n cost overdraft loans, as much as $8,600,000,000 for storefront \n and online payday loans, and nearly $900,000,000 for tax refund \n anticipation loans;\n (6) cash-strapped consumers pay on average 400 percent \n annual interest for payday loans, 300 percent annual interest \n for car title loans, up to 3,500 percent for bank overdraft \n loans, 50 to 500 percent annual interest for loans secured by \n expected tax refunds, and higher than 50 percent annual \n percentage interest for credit cards that charge junk fees;\n (7) a national maximum interest rate that includes all \n forms of fees and closes all loopholes is necessary to \n eliminate such predatory lending; and\n (8) alternatives to predatory lending that encourage small \n dollar loans with minimal or no fees, installment payment \n schedules, and affordable repayment periods should be \n encouraged.\n\nSEC. 3. NATIONAL MAXIMUM INTEREST RATE.\n\n The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by \nadding at the end the following:\n\n``SEC. 141. MAXIMUM RATES OF INTEREST.\n\n ``(a) In General.--Notwithstanding any other provision of law, no \ncreditor may make an extension of credit to a consumer with respect to \nwhich the fee and interest rate, as defined in subsection (b), exceeds \n36 percent.\n ``(b) Fee and Interest Rate Defined.--\n ``(1) In general.--For purposes of this section, the fee \n and interest rate includes all charges payable, directly or \n indirectly, incident to, ancillary to, or as a condition of the \n extension of credit, including--\n ``(A) any payment compensating a creditor or \n prospective creditor for--\n ``(i) an extension of credit or making \n available a line of credit, such as fees \n connected with credit extension or availability \n such as numerical periodic rates, annual fees, \n cash advance fees, and membership fees; or\n ``(ii) any fees for default or breach by a \n borrower of a condition upon which credit was \n extended, such as late fees, creditor-imposed \n not sufficient funds fees charged when a \n borrower tenders payment on a debt with a check \n drawn on insufficient funds, overdraft fees, \n and over limit fees;\n ``(B) all fees which constitute a finance charge, \n as defined by rules of the Board in accordance with \n this title;\n ``(C) credit insurance premiums, whether optional \n or required; and\n ``(D) all charges and costs for ancillary products \n sold in connection with or incidental to the credit \n transaction.\n ``(2) Tolerances.--\n ``(A) In general.--With respect to a credit \n obligation that is payable in at least 3 fully \n amortizing installments over at least 90 days, the term \n `fee and interest rate' does not include--\n ``(i) application or participation fees \n that in total do not exceed the greater of $30 \n or, if there is a limit to the credit line, 5 \n percent of the credit limit, up to $120, if--\n ``(I) such fees are excludable from \n the finance charge pursuant to section \n 106 and regulations issued thereunder;\n ``(II) such fees cover all credit \n extended or renewed by the creditor for \n 12 months; and\n ``(III) the minimum amount of \n credit extended or available on a \n credit line is equal to $300 or more;\n ``(ii) a late fee charged as authorized by \n State law and by the agreement that does not \n exceed either $20 per late payment or $20 per \n month; or\n ``(iii) a creditor-imposed not sufficient \n funds fee charged when a borrower tenders \n payment on a debt with a check drawn on \n insufficient funds that does not exceed $15.\n ``(B) Adjustments for inflation.--The Board may \n adjust the amounts of the tolerances established under \n this paragraph for inflation over time, consistent with \n the primary goals of protecting consumers and ensuring \n that the 36 percent fee and interest rate limitation is \n not circumvented.\n ``(c) Calculations.--\n ``(1) Open end credit plans.--For an open end credit plan--\n ``(A) the fee and interest rate shall be calculated \n each month, based upon the sum of all fees and finance \n charges described in subsection (b) charged by the \n creditor during the preceding 1-year period, divided by \n the average daily balance; and\n ``(B) if the credit account has been open less than \n 1 year, the fee and interest rate shall be calculated \n based upon the total of all fees and finance charges \n described in subsection (b)(1) charged by the creditor \n since the plan was opened, divided by the average daily \n balance, and multiplied by the quotient of 12 divided \n by the number of full months that the credit plan has \n been in existence.\n ``(2) Other credit plans.--For purposes of this section, in \n calculating the fee and interest rate, the Board shall require \n the method of calculation of annual percentage rate specified \n in section 107(a)(1), except that the amount referred to in \n that section 107(a)(1) as the `finance charge' shall include \n all fees, charges, and payments described in subsection (b)(1).\n ``(3) Adjustments authorized.--The Board may make \n adjustments to the calculations in paragraphs (1) and (2), but \n the primary goals of such adjustment shall be to protect \n consumers and to ensure that the 36 percent fee and interest \n rate limitation is not circumvented.\n ``(d) Definition of Creditor.--As used in this section, the term \n`creditor' has the same meaning as in section 702(e) of the Equal \nCredit Opportunity Act (15 U.S.C. 1691a(e)).\n ``(e) No Exemptions Permitted.--The exemption authority of the \nBoard under section 105 shall not apply to the rates established under \nthis section or the disclosure requirements under section 127(b)(6).\n ``(f) Disclosure of Fee and Interest Rate for Credit Other Than \nOpen End Credit Plans.--In addition to the disclosure requirements \nunder section 127(b)(6), the Board may prescribe regulations requiring \ndisclosure of the fee and interest rate established under this section \nin addition to or instead of annual percentage rate disclosures \notherwise required under this title.\n ``(g) Relation to State Law.--Nothing in this section may be \nconstrued to preempt any provision of State law that provides greater \nprotection to consumers than is provided in this section.\n ``(h) Civil Liability and Enforcement.--In addition to remedies \navailable to the consumer under section 130(a), any payment \ncompensating a creditor or prospective creditor, to the extent that \nsuch payment is a transaction made in violation of this section, shall \nbe null and void, and not enforceable by any party in any court or \nalternative dispute resolution forum, and the creditor or any \nsubsequent holder of the obligation shall promptly return to the \nconsumer any principal, interest, charges, and fees, and any security \ninterest associated with such transaction. Notwithstanding any statute \nof limitations or repose, a violation of this section may be raised as \na matter of defense by recoupment or setoff to an action to collect \nsuch debt or repossess related security at any time.\n ``(i) Violations.--Any person that violates this section, or seeks \nto enforce an agreement made in violation of this section, shall be \nsubject to, for each such violation, 1 year in prison and a fine in an \namount equal to the greater of--\n ``(1) 3 times the amount of the total accrued debt \n associated with the subject transaction; or\n ``(2) $50,000.\n ``(j) State Attorneys General.--An action to enforce this section \nmay be brought by the appropriate State attorney general in any United \nStates district court or any other court of competent jurisdiction \nwithin 3 years from the date of the violation, and such attorney \ngeneral may obtain injunctive relief.''.\n\nSEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS.\n\n Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. \n1637(b)(6)) is amended by striking ``the total finance charge \nexpressed'' and all that follows through the end of the paragraph and \ninserting ``the fee and interest rate, displayed as `FAIR', established \nunder section 141.''.","summary":"Protecting Consumers from Unreasonable Credit Rates Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan for which the fee and interest rate exceeds 36. Sets forth criminal penalties for violation of this Act. Empowers state Attorneys General to enforce this Act. Revises requirements for a periodic statement for each billing cycle with respect to where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly. Requires inclusion of the fee and interest rate, displayed as FAIR, instead of the total finance charge expressed as an annual percentage rate (APR).","title":"A bill to amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.","text_len":11168,"sum_len":751} {"bill_id":"113_hr2134","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Charitable Pension Flexibility Act \nof 2013''.\n\nSEC. 2. ELECTION TO CEASE TO BE TREATED AS AN ELIGIBLE CHARITY PLAN.\n\n (a) In General.--Subsection (d) of section 104 of the Pension \nProtection Act of 2006, as added by section 202 of the Preservation of \nAccess to Care for Medicare Beneficiaries and Pension Relief Act of \n2010, is amended by--\n (1) striking ``For purposes of'' and inserting ``(1) In \n general.--For purposes of'', and\n (2) adding at the end the following:\n ``(2) Election not to be an eligible charity plan.--A plan \n sponsor may elect for a plan to cease to be treated as an \n eligible charity plan for plan years beginning after December \n 31, 2013. Such election shall be made at such time and in such \n form and manner as shall be prescribed by the Secretary of the \n Treasury. Any such election may be revoked only with the \n consent of the Secretary of the Treasury.\n ``(3) Election to use funding options available to other \n plan sponsors.--\n ``(A) In general.--A plan sponsor that makes the \n election described in paragraph (2) may also elect for \n a plan to apply the rules described in subparagraphs \n (B), (C), and (D) for plan years beginning after \n December 31, 2013. Such election shall be made at such \n time and in such form and manner as shall be prescribed \n by the Secretary of the Treasury. Any such election may \n be revoked only with the consent of the Secretary of \n the Treasury.\n ``(B) Applicable shortfall amortization bases.--\n Under the rules described in this subparagraph, for the \n first plan year beginning after December 31, 2013, a \n plan has--\n ``(i) an 11-year shortfall amortization \n base,\n ``(ii) a 12-year shortfall amortization \n base, and\n ``(iii) a 7-year shortfall amortization \n base.\n ``(C) Determination of installments.--Under the \n rules described in this subparagraph, section \n 430(c)(2)(A) and (B) of the Internal Revenue Code of \n 1986 and section 303(c)(2)(A) and (B) of the Employee \n Retirement Income Security Act of 1974 shall be \n applied--\n ``(i) in the case of an 11-year shortfall \n amortization base, by substituting `11-plan-\n year period' for `7-plan-year period' wherever \n it appears, and\n ``(ii) in the case a 12-year shortfall \n amortization base, by substituting `12-plan-\n year period' for `7-plan-year period' wherever \n it appears.\n ``(D) Alternate required installments.--Under the \n rules described in this subparagraph, section 430(c)(7) \n of the Internal Revenue Code of 1986 and section \n 303(c)(7) of the Employee Retirement Income Security \n Act of 1974 shall apply to a plan for which an election \n has been made under subparagraph (A). Such provisions \n shall apply in the following manner:\n ``(i) The first plan year beginning after \n December 31, 2013, shall be treated as an \n election year, and no other plan years shall be \n so treated.\n ``(ii) All references in section 430(c)(7) \n of such Code and in section 303(c)(7) of such \n Act to `February 28, 2010' or `March 1, 2010' \n shall be treated as references to `February 28, \n 2013' or `March 1, 2013', respectively.\n ``(E) 11-year shortfall amortization base.--For \n purposes of this paragraph, the 11-year shortfall \n amortization base is an amount, determined for the \n first plan year beginning after December 31, 2013, \n equal to the unamortized principal amount of the \n shortfall amortization base (as defined in section \n 430(c)(3) of the Internal Revenue Code of 1986 and \n section 303(c)(3) of the Employee Retirement Income \n Security Act of 1974) that would have applied to the \n plan for the first plan year beginning after December \n 31, 2009, if--\n ``(i) the plan had never been an eligible \n charity plan.\n ``(ii) the plan sponsor had made the \n election described in section 430(c)(2)(D)(i) \n of the Internal Revenue Code of 1986 and in \n section 303(c)(2)(D)(i) of the Employee \n Retirement Income Security Act of 1974 to have \n section 430(c)(2)(D)(iii) of such Code and \n section 303(c)(2)(D)(iii) of such Act apply \n with respect to the shortfall amortization base \n for the first plan year beginning after \n December 31, 2009, and\n ``(iii) no event had occurred under \n paragraph (6) or (7) of section 430(c) of such \n Code or paragraph (6) or (7) of section 303(c) \n of such Act that, as of the first day of the \n first plan year beginning after December 31, \n 2013, would have modified the shortfall \n amortization base or the shortfall amortization \n installments with respect to the first plan \n year beginning after December 31, 2009.\n ``(F) 12-year shortfall amortization base.--For \n purposes of this paragraph, the 12-year shortfall \n amortization base is an amount, determined for the \n first plan year beginning after December 31, 2013, \n equal to the unamortized principal amount of the \n shortfall amortization base (as defined in section \n 430(c)(3) of the Internal Revenue Code of 1986 and \n section 303(c)(3) of the Employee Retirement Income \n Security Act of 1974) that would have applied to the \n plan for the first plan beginning after December 31, \n 2010, if--\n ``(i) the plan had never been an eligible \n charity plan,\n ``(ii) the plan sponsor had made the \n election described in section 430(c)(2)(D)(i) \n of the Internal Revenue Code of 1986 and in \n section 303(c)(2)(D)(i) of the Employee \n Retirement Income Security Act of 1974 to have \n section 430(c)(2)(D)(iii) of such Code and \n section 303(c)(2)(D)(iii) of such Act apply \n with respect to the shortfall amortization base \n for the first plan year beginning after \n December 31, 2010, and\n ``(iii) no event had occurred under \n paragraph (6) or (7) of section 430(c) of such \n Code or paragraph (6) or (7) of section 303(c) \n of such Act that, as of the first day of the \n first plan year beginning after December 31, \n 2013, would have modified the shortfall \n amortization base or the shortfall amortization \n installments with respect to the first plan \n year beginning after December 31, 2010.\n ``(G) 7-year shortfall amortization base.--For \n purposes of this paragraph, the 7-year shortfall \n amortization base is an amount, determined for the \n first plan year beginning after December 31, 2013, \n equal to--\n ``(i) the shortfall amortization base for \n the first plan year beginning after December \n 31, 2013, without regard to this paragraph, \n minus\n ``(ii) the sum of the 11-year shortfall \n amortization base and the 12-year shortfall \n amortization base.''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","summary":"Charitable Pension Flexibility Act of 2013 - Amends the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, to allow the sponsor of a multiple-employer defined benefit pension plan to elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Permits revocation of such an election, however, only with the consent of the Secretary of the Treasury. Allows a plan sponsor also to elect to apply specified requirements with respect to the shortfall amortization base in minimum funding standards for such plans.","title":"Charitable Pension Flexibility Act of 2013","text_len":9259,"sum_len":655} {"bill_id":"111_s2775","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Residential and Commuter Toll \nFairness Act of 2009''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Residents of various localities and political \n subdivisions throughout the United States are subject to tolls, \n user fees, and fares to access certain roads, highways, \n bridges, railroads, busses, ferries, and other transportation \n systems.\n (2) Revenue generated from transportation tolls, user fees, \n and fares is used to support various infrastructure maintenance \n and capital improvement projects that directly benefit \n commuters and indirectly benefit the regional and national \n economy.\n (3) Residents of certain municipalities, counties, and \n other localities endure significant or disproportionate toll, \n user fee, or fare burdens compared to others who have a greater \n number of transportation options because such residents--\n (A) live in geographic areas that are not \n conveniently located to the access points for roads, \n highways, bridges, rail, busses, ferries, and other \n transportation systems;\n (B) live on islands, peninsulas, or in other places \n that are only accessible through a means that requires \n them to pay a toll, user fee, or fare; or\n (C) are required to pay much more for \n transportation access than residents of surrounding \n jurisdictions, or in other jurisdictions across the \n country, for similar transportation options.\n (4) To address this inequality, and to reduce the financial \n hardship often imposed on such residents, several State and \n municipal governments and multi-State transportation \n authorities have established programs that authorize discounted \n transportation tolls, user fees, and fares for such residents.\n (5) Transportation toll, user fee, and fare discount \n programs based on residential status--\n (A) address actual unequal and undue financial \n burdens placed on residents who live in areas that are \n only accessible through a means that requires them to \n pay a toll, user fee, or fare;\n (B) do not disadvantage or discriminate against \n those individuals ineligible for residential toll, user \n fee, or fare discount programs;\n (C) are not designed to favor the interests or \n promote the domestic industry or economic development \n of the State implementing such programs;\n (D) do not interfere or impose undue burdens on \n commerce with foreign nations or interfere or impose \n any undue burdens on commerce among the several States, \n or commerce within particular States;\n (E) do not interfere or impose undue burdens on the \n ability of individuals to travel among, or within, the \n several States;\n (F) do not constitute inequitable treatment or deny \n any person within the jurisdiction of the United States \n the equal protection of the laws; and\n (G) do not abridge the privileges or immunities of \n citizens of the United States.\n (b) Purposes.--The purposes of this Act are--\n (1) to clarify the existing authority of States, counties, \n municipalities, and multi-jurisdictional transportation \n authorities to establish programs that offer discounted \n transportation tolls, user fees, and fares for residents in \n specific geographic areas; and\n (2) to authorize the establishment of such programs, as \n necessary.\n\nSEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER TOLL, USER FEE \n OR FARE DISCOUNT PROGRAMS.\n\n (a) Authority To Provide Residential or Commuter Toll, User Fee, or \nFare Discount Programs.--States, counties, municipalities, and multi-\njurisdictional transportation authorities that operate or manage roads, \nhighways, bridges, railroads, busses, ferries, or other transportation \nsystems are authorized to establish programs that offer discounted \ntransportation tolls, user fees, or other fares for residents of \nspecific geographic areas in order to reduce or alleviate toll burdens \nimposed upon such residents.\n (b) Rulemaking With Respect to the State, Local, or Agency \nProvision of Toll, User Fee or Fare Discount Programs to Local \nResidents or Commuters.--States, counties, municipalities, and multi-\njurisdictional transportation authorities that operate or manage roads, \nhighways, bridges, railroads, busses, ferries, or other transportation \nsystems are authorized to enact such rules or regulations that may be \nnecessary to establish the programs authorized under subsection (a).\n (c) Rule of Construction.--Nothing in this Act may be construed to \nlimit or otherwise interfere with the authority, as of the date of the \nenactment of this Act, of States, counties, municipalities, and multi-\njurisdictional transportation authorities that operate or manage roads, \nhighways, bridges, railroads, busses, ferries, or other transportation \nsystems.","summary":"Residential and Commuter Toll Fairness Act of 2009 - Grants state, county, and municipal governments, as well as multi-jurisdictional transportation authorities that operate or manage roads, bridges, railroads, buses, ferries, or other transportation systems, rulemaking authority to establish toll, user fee, or fare discount programs for their local residents or commuters.","title":"A bill to provide authority and sanction for the granting and issuance of programs for residential and commuter toll, user fee and fare discounts by States, municipalities, other localities, as well as all related agencies and departments thereof, and for other purposes.","text_len":5565,"sum_len":375} {"bill_id":"110_hr6575","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Over-Classification Reduction Act''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to increase Governmentwide information \nsharing and the availability of information to the public by applying \nstandards and practices to reduce improper classification.\n\nSEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE FEDERAL GOVERNMENT.\n\n (a) Archivist Responsibilities.--\n (1) Regulations.--The Archivist of the United States, in \n consultation with the heads of affected Federal agencies, shall \n promulgate regulations to prevent the over-classification of \n information.\n (2) Requirements.--The regulations under this subsection \n shall--\n (A) identify specific requirements to prevent the \n over-classification of information, including for \n determining--\n (i) when classified products should be \n prepared in a similar format governmentwide; \n and\n (ii) when classified products should also \n be prepared in an unclassified format; taking \n into consideration whether an unclassified \n product would reasonably be expected to be of \n any benefit to a State, local, tribal or \n territorial government, law enforcement agency, \n or other emergency response provider, the \n private sector, or the public;\n (B) ensure that compliance with this Act protects \n national security and privacy rights; and\n (C) establish requirements for Federal agencies to \n implement, subject to chapter 71 of title 5, United \n States Code, including the following:\n (i) The process whereby an individual may \n challenge without retribution classification \n decisions by another individual and be rewarded \n with specific incentives for successful \n challenges resulting in--\n (I) the removal of improper \n classification markings; or\n (II) the correct application of \n appropriate classification markings.\n (ii) A method for informing individuals \n that repeated failure to comply with the \n regulations promulgated under this section \n could subject them to a series of penalties.\n (iii) Penalties for individuals who \n repeatedly fail to comply with the regulations \n promulgated under this section after having \n received both notice of their noncompliance and \n appropriate training or re-training to address \n such noncompliance.\n (3) Consultation.--The regulations shall be promulgated in \n consultation, as appropriate, with representatives of State, \n local, tribal, and territorial governments; law enforcement \n entities; organizations with expertise in civil rights, \n employee and labor rights, civil liberties, and government \n oversight; and the private sector.\n (4) Deadline.--The regulations under this subsection shall \n be promulgated in final form not later than one year after the \n date of the enactment of this Act.\n (b) Inspector General Responsibilities.--Consistent with the \nInspector General Act of 1978 (5 U.S.C. App.) and section 17 of the \nCentral Intelligence Agency Act of 1949 (50 U.S.C. 403q), the Inspector \nGeneral of each affected Federal agency, in consultation with the \nArchivist, shall randomly audit classified information from each \ncomponent of the agency with employees that have classification \nauthority. In conducting any such audit, the Inspector General shall--\n (1) assess whether applicable classification policies, \n procedures, rules, and regulations have been followed;\n (2) describe any problems with the administration of the \n applicable classification policies, procedures, rules, and \n regulations, including specific non-compliance issues;\n (3) recommend improvements in awareness and training to \n address any problems identified under paragraph (2); and\n (4) report to Congress, the Archivist, and the public, in \n an appropriate format, on the findings of the Inspector \n General's audits under this section.\n\nSEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE \n FEDERAL GOVERNMENT.\n\n (a) Personal Identifiers.--\n (1) In general.--For purposes described in paragraph (2), \n the Archivist of the United States shall require that, at the \n time of classification of information, the following shall \n appear on the information:\n (A) The name, personal identifier, or unique agency \n identifier of the individual applying classification \n markings to the information.\n (B) The agency, office, and position of the \n individual.\n (2) Purposes.--The purposes described in this paragraph are \n as follows:\n (A) To enable the agency to identify and address \n over-classification problems, including the \n classification of information that should not be \n classified.\n (B) To assess the information sharing impact of any \n such problems.\n (b) Training.--When implementing the security education and \ntraining program pursuant to Executive Order 12958, Executive Order \n12829, and successor appropriate Executive Orders, the Archivist, \nsubject to chapter 71 of title 5, United States Code, shall, in \nconsultation with heads of affected Federal agencies--\n (1) integrate training to educate about--\n (A) the prevention of over-classification of \n information;\n (B) the proper use of classification markings, \n including portion markings;\n (C) the consequences of over-classification and \n other repeated improper uses of classification \n markings, including the misapplication of \n classification markings to information that does not \n merit such markings, and of failing to comply with the \n policies and procedures established under or pursuant \n to this section, including the negative consequences \n for the individual's personnel evaluation, information \n sharing, and the overall success of the agency's \n missions; and\n (D) information relating to lessons learned from \n implementation of the regulations including affected \n Federal agency internal audits and Inspector General \n audits, as provided under this Act; and\n (2) ensure that such program is conducted efficiently, in \n conjunction with any other security, intelligence, or other \n training programs required by the agency to reduce the costs \n and administrative burdens associated with the additional \n training required by this section.\n (c) Detailee Program.--\n (1) Requirement for program.--The Archivist, subject to \n chapter 71 of title 5, United States Code, in consultation with \n heads of affected Federal agencies, shall implement a detailee \n program to detail Federal agency personnel, on a \n nonreimbursable basis, to the National Archives and Records \n Administration for the purpose of--\n (A) training and educational benefit for the agency \n personnel assigned so that they may better understand \n the policies, procedures and laws governing \n classification authorities;\n (B) bolstering the ability of the National Archives \n and Records Administration to conduct its oversight \n authorities over agencies; and\n (C) ensuring that the policies and procedures \n established by the agencies remain consistent with \n those established by the Archivist of the United \n States.\n (2) Sunset of detailee program.--Except as otherwise \n provided by law, this subsection shall cease to have effect on \n December 31, 2012.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Information.--The term ``information'' means any communicable \nknowledge or documentary material, regardless of its physical form or \ncharacteristics, that is owned by, is produced by or for, or is under \nthe control of the Federal Government.\n (2) Federal Agency.--The term ``Federal agency'' means--\n (A) any Executive agency, as that term is defined in \n section 105 of title 5, United States Code;\n (B) any military department, as that term is defined in \n section 102 of such title; and\n (C) any other entity within the executive branch that comes \n into the possession of classified information.\n (3) Affected Federal Agency.--The term ``affected Federal agency'' \nmeans any Federal agency that employs an individual with original or \nderivative classification authority.\n\n Passed the House of Representatives September 9, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Over-Classification Reduction Act - Requires the Archivist of the United States to promulgate regulations to prevent the over-classification of information. Requires the Inspector General of each federal agency that employs an individual with original or derivative classification authority to randomly audit classified information from each agency component with employees that have classification authority. Directs the Archivist: (1) to require, at the time of classification of information, personal identifiers or unique agency identifiers of the individual applying classification markings, including the individual's agency, office, and position, to appear on the information. (2) when implementing the security education and training program pursuant to specified executive orders, to integrate training about the prevention of over-classification of information, the proper use of classification markings, the consequences of over-classification, and the lessons learned from implementation of the regulations. And (3) to implement a detailee program to detail federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration (NARA) for training.","title":"To require the Archivist of the United States to promulgate regulations to prevent the over-classification of information, and for other purposes.","text_len":10150,"sum_len":1196} {"bill_id":"103_hr5143","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FBI Counterintelligence Act of \n1994''.\n\nSEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR \n COUNTERINTELLIGENCE PURPOSES.\n\n (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et \nseq.) is amended by adding after section 623 the following new section:\n``Sec. 624. Disclosures to FBI for counterintelligence purposes\n ``(a) Identity of Financial Institutions.--Notwithstanding section \n604 or any other provision of this title, a consumer reporting agency \nshall furnish to the Federal Bureau of Investigation the names and \naddresses of all financial institutions (as that term is defined in \nsection 1101 of the Right to Financial Privacy Act of 1978) at which a \nconsumer maintains or has maintained an account, to the extent that \ninformation is in the files of the agency, when presented with a \nwritten request for that information, signed by the Director of the \nFederal Bureau of Investigation, or the Director's designee, which \ncertifies compliance with this section. The Director or the Director's \ndesignee may make such a certification only if the Director or the \nDirector's designee has determined in writing that--\n ``(1) such information is necessary for the conduct of an \n authorized foreign counterintelligence investigation; and\n ``(2) there are specific and articulable facts giving \n reason to believe that the consumer--\n ``(A) is a foreign power (as defined in section 101 \n of the Foreign Intelligence Surveillance Act of 1978) \n or a person who is not a United States person (as \n defined in such section 101) and is an official of a \n foreign power; or\n ``(B) is an agent of a foreign power and is \n engaging or has engaged in international terrorism (as \n that term is defined in section 101(c) of the Foreign \n Intelligence Surveillance Act of 1978) or clandestine \n intelligence activities that involve or may involve a \n violation of criminal statutes of the United States.\n ``(b) Identifying Information.--Notwithstanding the provisions of \nsection 604 or any other provision of this title, a consumer reporting \nagency shall furnish identifying information respecting a consumer, \nlimited to name, address, former addresses, places of employment, or \nformer places of employment, to the Federal Bureau of Investigation \nwhen presented with a written request, signed by the Director or the \nDirector's designee, which certifies compliance with this subsection. \nThe Director or the Director's designee may make such a certification \nonly if the Director or the Director's designee has determined in \nwriting that--\n ``(1) such information is necessary to the conduct of an \n authorized counterintelligence investigation; and\n ``(2) there is information giving reason to believe that \n the consumer has been, or is about to be, in contact with a \n foreign power or an agent of a foreign power (as defined in \n section 101 of the Foreign Intelligence Surveillance Act of \n 1978).\n ``(c) Court Order for Disclosure of Consumer Reports.--\nNotwithstanding section 604 or any other provision of this title, if \nrequested in writing by the Director of the Federal Bureau of \nInvestigation, or a designee of the Director, a court may issue an \norder ex parte directing a consumer reporting agency to furnish a \nconsumer report to the Federal Bureau of Investigation, upon a showing \nin camera that--\n ``(1) the consumer report is necessary for the conduct of \n an authorized foreign counterintelligence investigation; and\n ``(2) there are specific and articulable facts giving \n reason to believe that the consumer whose consumer report is \n sought--\n ``(A) is an agent of a foreign power; and\n ``(B) is engaging or has engaged in international \n terrorism (as that term is defined in section 101(c) of \n the Foreign Intelligence Surveillance Act of 1978) or \n clandestine intelligence activities that involve or may \n involve a violation of criminal statutes of the United \n States.\nThe terms of an order issued under this subsection shall not disclose \nthat the order is issued for purposes of a counterintelligence \ninvestigation.\n ``(d) Confidentiality.--No consumer reporting agency or officer, \nemployee, or agent of a consumer reporting agency shall disclose to any \nperson, other than those officers, employees, or agents of a consumer \nreporting agency necessary to fulfill the requirement to disclose \ninformation to the Federal Bureau of Investigation under this section, \nthat the Federal Bureau of Investigation has sought or obtained the \nidentity of financial institutions or a consumer report respecting any \nconsumer under subsection (a), (b), or (c) and no consumer reporting \nagency or officer, employee, or agent of a consumer reporting agency \nshall include in any consumer report any information that would \nindicate that the Federal Bureau of Investigation has sought or \nobtained such information or a consumer report.\n ``(e) Payment of Fees.--The Federal Bureau of Investigation shall, \nsubject to the availability of appropriations, pay to the consumer \nreporting agency assembling or providing reports or information in \naccordance with procedures established under this section, a fee for \nreimbursement for such costs as are reasonably necessary and which have \nbeen directly incurred in searching, reproducing, or transporting \nbooks, papers, records, or other data required or requested to be \nproduced under this section.\n ``(f) Limit on Dissemination.--The Federal Bureau of Investigation \nmay not disseminate information obtained pursuant to this section \noutside of the Federal Bureau of Investigation, except to the \nDepartment of Justice as may be necessary for the approval or conduct \nof a foreign counterintelligence investigation, or, where the \ninformation concerns a person subject to the Uniform Code of Military \nJustice, to appropriate investigative authorities within the military \ndepartment concerned as may be necessary for the conduct of a joint \nforeign counterintelligence investigation.\n ``(g) Rules of Construction.--Nothing in this section shall be \nconstrued to prohibit information from being furnished by the Federal \nBureau of Investigation pursuant to a subpoena or court order, or in \nconnection with a judicial or administrative proceeding to enforce the \nprovisions of this Act. Nothing in this section shall be construed to \nauthorize or permit the withholding or information from the Congress.\n ``(h) Reports to Congress.--On a semiannual basis, the Attorney \nGeneral of the United States shall fully inform the Permanent Select \nCommittee on Intelligence and the Committee on Banking, Finance and \nUrban Affairs of the House of Representatives, and the Select Committee \non Intelligence and the Committee on Banking, Housing, and Urban \nAffairs of the Senate concerning all requests made pursuant to \nsubsections (a), (b), and (c).\n ``(i) Damages.--Any agency or department of the United States \nobtaining or disclosing any consumer reports, records, or information \ncontained therein in violation of this section is liable to the \nconsumer to whom such consumer reports, records, or information relate \nin an amount equal to the sum of--\n ``(1) $100, without regard to the volume of consumer \n reports, records, or information involved;\n ``(2) any actual damages sustained by the consumer as a \n result of the disclosure;\n ``(3) if the violation is found to have been willful or \n intentional, such punitive damages as a court may allow; and\n ``(4) in the case of any successful action to enforce \n liability under this subsection, the costs of the action, \n together with reasonable attorney fees, as determined by the \n court.\n ``(j) Disciplinary Actions for Violations.--If a court determines \nthat any agency or department of the United States has violated any \nprovision of this section and the court finds that the circumstances \nsurrounding the violation raise questions of whether or not an officer \nor employee of the agency or department acted willfully or \nintentionally with respect to the violation, the agency or department \nshall promptly initiate a proceeding to determine whether or not \ndisciplinary action is warranted against the officer or employee who \nwas responsible for the violation.\n ``(k) Good-Faith Exception.--Notwithstanding any other provision of \nthis title, any consumer reporting agency or agent or employee thereof \nmaking disclosure of consumer reports or identifying information \npursuant to this subsection in good-faith reliance upon a certification \nof the Federal Bureau of Investigation pursuant to provisions of this \nsection shall not be liable to any person for such disclosure under \nthis title, the constitution of any State, or any law or regulation of \nany State or any political subdivision of any State.\n ``(l) Limitation of Remedies.--Notwithstanding any other provision \nof this title, the remedies and sanctions set forth in this section \nshall be the only judicial remedies and sanctions for violation of this \nsection.\n ``(m) Injunctive Relief.--In addition to any other remedy contained \nin this section, injunctive relief shall be available to require \ncompliance with the procedures of this section. In the event of any \nsuccessful action under this subsection, costs together with reasonable \nattorney fees, as determined by the court, may be recovered.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nthe Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by \nadding after the item relating to section 623 the following:\n\n``624. Disclosures to FBI for counterintelligence purposes.''.\n (c) Repeal of Provisions.--\n (1) Repeal.--The following provisions of the Fair Credit \n Reporting Act, as added by this section, are repealed:\n (A) Section 624.\n (B) In the table of contents at the beginning of \n the Fair Credit Reporting Act, the item relating to \n section 624.\n (2) Effective date.--Paragraph (1) shall take effect on the \n date that is 5 years after the date of the enactment of this \n Act.\n\nSEC. 3. LIMITATION ON APPLICATION OF SECTION 2 AND REPEAL OF ANY \n AMENDMENTS MADE.\n\n Section 2 shall not have any legal effect after the date of the \nenactment of the Consumer Reporting Reform Act of 1994. Any provisions \nof the Fair Credit Reporting Act that were added to that Act by the \namendments made by section 2 of this Act are repealed effective on the \ndate of the enactment of the Consumer Reporting Reform Act of 1994.\n\n Passed the House of Representatives October 5, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"FBI Counterintelligence Act of 1994 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation. And (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or an official of a foreign power or an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of US criminal statutes . Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director upon a showing in camera that: (1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation. And (2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality, (2) payment of fees, (3) limits on dissemination, (4) reporting requirements, (5) damages, (6) disciplinary actions for violations, (7) a good-faith exception, (8) limitation of remedies. And (9) injunctive relief and costs. Terminates this Act five years after its enactment.","title":"FBI Counterintelligence Act of 1994","text_len":11428,"sum_len":1964} {"bill_id":"103_s848","text":"SECTION 1. HAYING AND GRAZING.\n\n (a) Wheat.--Subparagraph (C) of section 107B(e)(4) of the \nAgricultural Act of 1949 (7 U.S.C. 1445b-3a(e)(4)(C)) is amended to \nread as follows:\n ``(C) Haying and grazing.--\n ``(i) In general.--Haying and grazing of \n reduced acreage, acreage devoted to a \n conservation use under subsection (c)(1)(E), \n and acreage diverted from production under a \n land diversion program established under this \n section shall be permitted--\n ``(I) except during any consecutive \n 5-month period that is established by \n the State committee established under \n section 8(b) of the Soil Conservation \n and Domestic Allotment Act (16 U.S.C. \n 590h(b)) for a State; or\n ``(II) during the 5-month period \n referred to in subclause (I) by the \n Secretary for any producer who elects \n to pay a fee equal to--\n ``(aa) in the case of \n grazing, the grazing fee in \n effect as established by the \n Bureau of Land Management; and\n ``(bb) in the case of \n haying, a haying fee \n established by the Bureau of \n Land Management that is \n comparable to the grazing fee.\n ``(ii) 5-month period.--The State committee \n for a State shall, in consultation with \n wildlife agencies of the State, establish the \n 5-month period referred to in clause (i) during \n the period beginning April 1, and ending \n October 31, of a year.\n ``(iii) Alfalfa.--The Secretary may not \n exclude irrigated or irrigable acreage not \n planted to alfalfa when exercising the \n authority of the Secretary under this \n subparagraph.''.\n (b) Feed Grains.--Subparagraph (C) of section 105B(e)(4) of the \nAgricultural Act of 1949 (7 U.S.C. 1444f(e)(4)(C)) is amended to read \nas follows:\n ``(C) Haying and grazing.--\n ``(i) In general.--Haying and grazing of \n reduced acreage, acreage devoted to a \n conservation use under subsection (c)(1)(E), \n and acreage diverted from production under a \n land diversion program established under this \n section shall be permitted--\n ``(I) except during any consecutive \n 5-month period that is established by \n the State committee established under \n section 8(b) of the Soil Conservation \n and Domestic Allotment Act (16 U.S.C. \n 590h(b)) for a State; or\n ``(II) during the 5-month period \n referred to in subclause (I) by the \n Secretary for any producer who elects \n to pay a fee equal to--\n ``(aa) in the case of \n grazing, the grazing fee in \n effect as established by the \n Bureau of Land Management; and\n ``(bb) in the case of \n haying, a haying fee \n established by the Bureau of \n Land Management that is \n comparable to the grazing fee.\n ``(ii) 5-month period.--The State committee \n for a State shall, in consultation with \n wildlife agencies of the State, establish the \n 5-month period referred to in clause (i) during \n the period beginning April 1, and ending \n October 31, of a year.\n ``(iii) Alfalfa.--The Secretary may not \n exclude irrigated or irrigable acreage not \n planted to alfalfa when exercising the \n authority of the Secretary under this \n subparagraph.''.","summary":"Amends the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, including a provision under which producers can elect to lease such acreage back for specified fees.","title":"A bill to amend the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, and for other purposes.","text_len":5206,"sum_len":224} {"bill_id":"105_hr2724","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping Empower Low-income Parents \n(HELP) Scholarships Amendments of 1997''.\n\nSEC. 2. DEFINITIONS.\n\n Section 6003 of the Elementary and Secondary Education Act of 1965 \nis amended--\n (1) in the section heading by striking ``definition'' and \n inserting ``definitions'';\n (2) by striking ``(1)'', ``(2)'', and ``(3)'';\n (3) in the matter proceeding subparagraph (A), by striking \n `` title the term'' and inserting the following:\n``title--\n ``(1) the term'';\n (4) by striking the period at the end; and\n (5) by adding at the end the following:\n ``(2) the term `poverty line' means the poverty line (as \n defined by the Office of Management and Budget, and revised \n annually in accordance with section 673(2) of the Community \n Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a \n family of the size involved; and\n ``(3) the term `voluntary public and private parental \n choice program' means a program that meets the requirements of \n section 6301(b)(9), is authorized by State law, and includes 1 \n or more private schools to allow low-income parents to choose \n the appropriate school for their children.''.\n\nSEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.\n\n Section 6102(a) of the Elementary and Secondary Education Act of \n1965 is amended to read as follows:\n ``(a) Distribution Rule.--\n ``(1) In general.--Except as provided in paragraph (2), \n from the sums made available each year to carry out this title, \n the State educational agency shall distribute not less than 90 \n percent to local educational agencies within such State \n according to the relative enrollments in public and private, \n nonprofit schools within the school districts of such agencies, \n adjusted, in accordance with criteria approved by the \n Secretary, to provide higher per pupil allocations to local \n educational agencies which have the greatest numbers or \n percentages of children whose education imposes a higher than \n average cost per child, such as--\n ``(A) children living in areas with high \n concentrations of low-income families;\n ``(B) children from low-income families; and\n ``(C) children living in sparsely populated areas.\n ``(2) Exception.--A State that has enacted or will enact a \n law that establishes a voluntary public and private parental \n choice program and that complies with the provisions of section \n 6301(b)(9) may reserve an additional 15 percent from the sums \n made available each year to carry out this title if the \n additional amount reserved is used exclusively for voluntary \n public and private parental choice programs.''.\n\nSEC. 4. USES OF FUNDS.\n\n (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and \nSecondary Education Act of 1965 is amended--\n (1) in subparagraph (C), by striking ``and'' after the \n semicolon;\n (2) by inserting after subparagraph (C) the following:\n ``(D) establishing voluntary public and private \n parental choice programs in accordance with section \n 6301(b)(9); and''.\n (b) Local Uses of Funds.--Section 6301(b) of the Elementary and \nSecondary Education Act of 1965 is amended--\n (1) in paragraph (7), by striking ``and'' after the \n semicolon;\n (2) in paragraph (8), by striking the period and inserting \n ``; and''; and\n (3) by inserting after paragraph (8) the following:\n ``(9) voluntary public and private parental choice programs \n that--\n ``(A) are located in an area that has the greatest \n numbers or percentages of children--\n ``(i) living in areas with a high \n concentration of low-income families;\n ``(ii) from low-income families; or\n ``(iii) living in sparsely populated areas;\n ``(B) ensure that participation in such a voluntary \n public and private parental choice program is limited \n to families whose family income does not exceed 185 \n percent of the poverty line;\n ``(C) ensure that--\n ``(i) the maximum amount of a voluntary \n public and private parental choice scholarship \n does not exceed the per pupil expenditure of \nthe local educational agency in which an applicant for a voluntary \npublic and private parental choice scholarship resides;\n ``(ii) the minimum amount of a voluntary \n public and private parental choice scholarship \n is not less than 60 percent of the per pupil \n expenditure of the local educational agency in \n which an applicant for a voluntary public and \n private parental choice scholarship resides or \n the cost of tuition at a private school, \n whichever is less;\n ``(D) ensure that for a private school that chooses \n to participate in a voluntary public and private \n parental choice program--\n ``(i) such a school is permitted to impose \n the same academic requirements for all \n students, including students selected for a \n scholarship as provided under this paragraph;\n ``(ii) receipt of funds under this title is \n not conditioned with requirements or \n regulations that preclude the use of such funds \n for sectarian educational purposes or require \n removal of religious art, icons, scripture, or \n other symbols; and\n ``(iii) such a school is in compliance with \n all State requirements applicable to the \n operation of a private school that are in \n effect in the year preceding the date of the \n enactment of the Helping Empower Low-income \n Parents (HELP) Scholarships Amendments of 1997;\n ``(E) may allow State, local, and private funds to \n be used for voluntary public and private parental \n choice programs; and\n ``(F) ensure priority for students who were \n enrolled in a public school in the school year \n preceding the school year in which a voluntary public \n and private parental choice school begins operation.''.\n\nSEC. 5. EVALUATION.\n\n Part D of title VI of the Elementary and Secondary Education Act of \n1965 is amended--\n (1) by adding at the end of section 6402 the following new \n subsection:\n ``(j) Application.--This section shall not apply to a State or \nlocal educational agency that uses funds to establish a voluntary \npublic and private parental choice program in accordance with section \n6301(b)(9).''; and\n (2) by adding at the end of such part the following new \n sections:\n\n``SEC. 6404. EVALUATION.\n\n ``(a) Annual Evaluation.--\n ``(1) Contract.--The Comptroller General of the United \n States shall enter into a contract, with an evaluating agency \n that has demonstrated experience in conducting evaluations, for \n the conduct of an ongoing rigorous evaluation of the programs \n established under section 6301(b)(9).\n ``(2) Annual evaluation requirement.--The contract \n described in paragraph (1) shall require the evaluating agency \n entering into such contract to evaluate annually each program \n established under section 6301(b)(9) in accordance with the \n evaluation criteria described in subsection (b).\n ``(3) Transmission.--The contract described in paragraph \n (1) shall require the evaluating agency entering into such \n contract to transmit to the Comptroller General of the United \n States the findings of each annual evaluation under paragraph \n (1).\n ``(b) Evaluation Criteria.--The Comptroller General of the United \nStates, in consultation with the Secretary, shall establish minimum \ncriteria for evaluating each program established under section \n6301(b)(9). Such criteria shall provide for--\n ``(1) a description of the implementation of each program \n established under section 6301(b)(9) and the program's effects \n on all participants, schools, and communities in the program \n area, with particular attention given to the effect of parent \n participation in the life of the school and the level of \n parental satisfaction with the program; and\n ``(2) a comparison of the educational achievement of all \n students in the program area, including a comparison between--\n ``(A) students receiving a voluntary public and \n private parental choice scholarships under section \n 6301(b)(9); and\n ``(B) students not receiving a voluntary public and \n private parental choice scholarships under such \n section.\n ``(c) Evaluation Funds.--Pursuant to the authority provided under \nsection 14701, the Secretary shall reserve not more than 0.50 percent \nof the amount of funds made available under section 6002 to carry out \nthis section.\n\n``SEC. 6405. APPLICABILITY.\n\n ``(a) Not School Aid.--Subject to subsection (b), funds used under \nthis title to establish a voluntary public and private parental choice \nprogram shall be considered assistance to the student and shall not be \nconsidered as assistance to any school that chooses to participate in \nsuch program.\n ``(b) Not Income.--For purposes of Federal tax laws or for \ndetermining eligibility for any other Federal program, a voluntary \npublic and private parental choice scholarship provided under this \ntitle shall not be treated as income or assistance to the student or \nthe parents of such student.\n ``(c) No Federal Control.--The Secretary is not permitted to \nexercise any direction, supervision, or control over curricula, program \nof instruction, administration, or personnel of any school that chooses \nto participate in a voluntary public and private choice program \nestablished under 6309(b)(9).''.","summary":"Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families, (2) from low-income families. Or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.","title":"Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997","text_len":10998,"sum_len":2025} {"bill_id":"107_hr1129","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``High Performance Schools Act of \n2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) American K-12 schools spend over $6 billion annually on \n energy costs, which is more than is spent on books and \n computers combined.\n (2) Educators teach and students learn best in an \n environment that is comfortable, healthy, naturally lit where \n possible, and in good repair, and studies have indicated that \n student achievement is greater and attendance higher when those \n conditions are met.\n (3) Over half of our Nation's K-12 schools are more than 40 \n years old and in need of renovation to reach such standard of \n efficiency and comfort, and 6,000 new schools will be required \n over the next 10 years to accommodate the growing number of \n students.\n (4) Inadequate ventilation in school buildings, poor \n lighting and acoustical quality, and uncomfortable temperatures \n can diminish students' capacity to concentrate and excel.\n (5) Inefficient use of water, either in consumption or from \n poorly maintained systems, is prevalent in older schools.\n (6) Using a whole building approach in the design of new \n schools and the renovation of existing schools--considering how \n materials, systems, and products connect and overlap and also \n how a school is integrated on its site and within the \n surrounding community--will result in high performance school \n buildings.\n (7) Adoption of whole building concepts has been shown to \n result in dramatic improvements in student and teacher \n performance.\n (8) Adopting a whole building approach usually results in a \n lower life cycle cost for the school building than for a \n conventionally designed and built building.\n (9) Systematic use of energy conservation in school \n construction and renovation projects can save at least one \n quarter of current energy costs, leaving more money for \n teachers and educational materials.\n (10) The use of renewable energy sources such as \n daylighting, passive solar heating, photovoltaics, wind, \n geothermal, hydropower, and biomass power in a building already \n designed to be low-energy can help meet the building's energy \n needs without added emissions.\n (11) Using environmentally preferable products and \n providing for adequate supplies of fresh air will improve \n indoor air quality and provide healthful school buildings.\n (12) Most school districts do not have the knowledge of \n cutting-edge design and technologies to implement optimum \n efficiency into new school construction or into school \n renovations.\n (b) Purpose.--It is the purpose of this Act to assist school \ndistricts in the production, through construction or renovation, of \nhigh performance elementary and secondary school buildings that are \nhealthful, productive, energy efficient, and environmentally sound.\n\nSEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.\n\n (a) Establishment.--There is established in the Department of \nEnergy the High Performance Schools Program (in this Act referred to as \nthe ``Program'').\n (b) In General.--The Secretary of Energy may, through the Program, \nmake grants--\n (1) to be provided to school districts to implement the \n purpose of this Act for new and existing school buildings;\n (2) to State energy offices to administer the program of \n assistance to school districts pursuant to this Act; and\n (3) to State energy offices to promote participation by \n school districts in the program established by this Act.\n (c) Grants To Assist School Districts.--Grants under subsection \n(b)(1) for new school buildings shall be used to achieve energy \nefficiency performance that reduces energy use at least 30 percent \nbelow that of a school constructed in compliance with standards \nprescribed in Chapter 8 of the 2000 International Energy Conservation \nCode, or a similar State code intended to achieve substantially \nequivalent results. Grants under subsection (b)(1) for existing school \nbuildings shall be used to achieve energy efficiency performance that \nreduces energy use below the school's baseline consumption, assuming a \n3-year, weather-normalized average for calculating such baseline. \nGrants under subsection (b)(1) shall be made to school districts that \nhave--\n (1) demonstrated a need for such grants in order to respond \n appropriately to increasing elementary and secondary school \n enrollments or to make major investments in renovation of \n school facilities; and\n (2) made a commitment to use the grant funds to develop \n high performance school buildings in accordance with the plan \n developed and approved pursuant to subsection (e)(1).\n (d) Other Grants.--\n (1) Grants for administration.--Grants under subsection \n (b)(2) shall be used to evaluate compliance by school districts \n with requirements of this Act and in addition may be used for--\n (A) distributing information and materials to \n clearly define and promote the development of high \n performance school buildings for both new and existing \n facilities;\n (B) organizing and conducting programs for school \n board members, school district personnel, architects, \n engineers, and others to advance the concepts of high \n performance school buildings;\n (C) obtaining technical services and assistance in \n planning and designing high performance school \n buildings; and\n (D) collecting and monitoring data and information \n pertaining to the high performance school building \n projects.\n (2) Grants to promote participation.--Grants under \n subsection (b)(3) may be used for promotional and marketing \n activities, including facilitating private and public \n financing, promoting the use of energy service companies, \n working with school administrations, students, and communities, \n and coordinating public benefit programs.\n (e) Implementation.--\n (1) Plans.--Grants under subsection (b)(1) shall be \n provided only to school districts that, in consultation with \n State offices of energy and education, have developed plans \n that the State energy office determines to be feasible and \n appropriate in order to achieve the purposes for which such \n grants are made.\n (2) Supplementing grant funds.--The State energy office \n shall encourage qualifying school districts to supplement their \n grant funds with funds from other sources in the implementation \n of their plans.\n\nSEC. 4. ALLOCATION OF FUNDS.\n\n (a) In General.--Except as provided in subsection (c), funds \nappropriated to carry out this Act shall be provided to State energy \noffices.\n (b) Purposes.--Except as provided in subsection (c), funds \nappropriated to carry out this Act shall be allocated as follows:\n (1) Seventy percent shall be used to make grants under \n section 3(b)(1).\n (2) Fifteen percent shall be used to make grants under \n section 3(b)(2).\n (3) Fifteen percent shall be used to make grants under \n section 3(b)(3).\n (c) Other Funds.--The Secretary of Energy may retain not to exceed \n$300,000 per year from amounts appropriated under section 5 to assist \nState energy offices in coordinating and implementing the Program. Such \nfunds may be used to develop reference materials to further define the \nprinciples and criteria to achieve high performance school buildings.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of Energy \nto carry out this Act $200,000,000 for each of fiscal years 2002 \nthrough 2005, and such sums as may be necessary for each of fiscal \nyears 2006 through 2011.\n\nSEC. 6. REPORT TO CONGRESS.\n\n The Secretary of Energy shall conduct a biennial review of State \nactions implementing this Act, and the Secretary shall report to \nCongress on the results of such reviews. In conducting such reviews, \nthe Secretary shall assess the effectiveness of the calculation \nprocedures used by the States in establishing eligibility of schools \nfor funding under this Act, and may assess other aspects of the program \nto determine whether they have been effectively implemented.\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act:\n (1) Elementary and secondary school.--The terms \n ``elementary school'' and ``secondary school'' shall have the \n same meaning given such terms in paragraphs (14) and (26) of \n section 14101 of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 8801(14), (26)).\n (2) High performance school building.--The term ``high \n performance school building'' means a school building which, in \n its design, construction, operation, and maintenance, maximizes \n use of renewable energy and energy efficient practices, is \n cost-effective on a life cycle basis, uses affordable, \n environmentally preferable, durable materials, enhances indoor \n environmental quality, protects and conserves water, and \n optimizes site potential.\n (3) Renewable energy.--The term ``renewable energy'' means \n energy produced by solar, wind, geothermal, hydroelectric, or \n biomass power.","summary":"High Performance Schools Act of 2001 - Establishes the High Performance Schools Program, in the Department of Energy, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. Authorizes the Secretary of Energy to make program grants to State energy offices for: (1) program participation promotion and administration. And (2) subgrants to qualified school districts to implement such school building construction and renovation.","title":"To establish the High Performance Schools Program in the Department of Energy, and for other purposes.","text_len":10023,"sum_len":555} {"bill_id":"109_s1414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trail of the Ancients National \nHeritage Area Study Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Four Corners region, 1 of the areas of greatest \n archaeological interest in the United States, provides access \n to numerous examples of the Ancestral Puebloan culture;\n (2) the Four Corners region highlights areas and sites at \n which--\n (A) the earliest inhabitants were Paleo-Americans, \n nomadic people who traveled through and lived in the \n area as early as 10,000 B.C.; and\n (B) the Ancestral Puebloan Indians lived from \n approximately 1 to 1300 A.D.;\n (3) the region features sites that chronicle the Ute and \n Navajo Indian cultures;\n (4) the archaeological sites of the region have been well-\n preserved by the semi-arid climate of the region;\n (5) national and international recognition of sites in the \n region has contributed to the wealth of information about the \n people who have inhabited the area;\n (6) the region features the Trail of the Ancients Scenic \n Byway in the States of Arizona, Colorado, New Mexico, and Utah, \n and other designated byways and highways, including San Juan \n Skyway in the State of Colorado and the Utah Bicentennial \n Highway; and\n (7) designating the Trail of the Ancients National Heritage \n Area as a unit of the National Park System--\n (A) would link many of the cultural and recreation \n sites in the region for the benefit of the traveling \n public and communities in the region; and\n (B) would not--\n (i) impose restrictions on private \n property; or\n (ii) require acquisition of additional \n land.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Trail of the Ancients National Heritage Area.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (3) State.--The term ``State'' means each of the States of \n Arizona, Colorado, New Mexico, and Utah.\n (4) Study area.--The term ``study area'' means the Four \n Corner region, consisting of--\n (A) portions of--\n (i) San Juan County, Utah;\n (ii) Montezuma and Dolores Counties, \n Colorado;\n (iii) Apache and Navajo Counties, Arizona; \n and\n (iv) San Juan and McKinley Counties, New \n Mexico; and\n (B) portions of the reservations of the Ute \n Mountain Ute, Navajo, and Hopi Tribes, in the States.\n\nSEC. 4. TRAIL OF THE ANCIENTS NATIONAL HERITAGE AREA STUDY.\n\n (a) In General.--The Secretary, in cooperation with the Four \nCorners Heritage Council, shall conduct a study to assess the \nfeasibility and suitability of designating the study area as the Trail \nof the Ancients National Heritage Area.\n (b) Requirements.--The study shall include analysis, documentation, \nand determinations on whether--\n (1) the study area--\n (A) has an assemblage of natural, historic, \n cultural, educational, scenic, or recreational \n resources that--\n (i) represent distinctive aspects of the \n heritage of the United States worthy of \n recognition, conservation, interpretation, and \n continuing use; and\n (ii) are best managed--\n (I) through partnerships among \n public and private entities; and\n (II) by combining diverse and \n sometimes noncontiguous resources and \n active communities;\n (B) reflects traditions, customs, beliefs, and \n folklife that are a valuable part of the heritage of \n the United States;\n (C) provides outstanding opportunities to conserve \n natural, historical, cultural, or scenic features;\n (D) provides outstanding recreational and \n educational opportunities; and\n (E) has resources important to any identified theme \n of the study area that retain a degree of integrity \n capable of supporting interpretation;\n (2) residents, business interests, nonprofit organizations, \n the Federal Government, and State, local, and tribal \n governments within the study area--\n (A) are involved in the planning of the Heritage \n Area;\n (B) have demonstrated support for the Heritage \n Area; and\n (C) have developed a conceptual financial plan that \n outlines the roles of all participants (including the \n Federal Government) in the management of the Heritage \n Area;\n (3) there is a potential management entity to work in \n partnership with residents, business interests, nonprofit \n organizations, and Federal, State, local, and tribal \n governments within the study area to develop the Heritage Area \n consistent with continued, State, local, and tribal economic \n activity; and\n (4) a conceptual boundary map has been developed that is \n supported by the public.\n (c) Consultation.--In conducting the study, the Secretary and the \nFour Corners Heritage Council shall consult with appropriate Federal, \nState, local, and tribal governments, interested organizations, and \naffected communities within the study area.\n\nSEC. 5. REPORT.\n\n Not later than 3 fiscal years after the date on which funds are \nmade available to carry out the study, the Secretary shall submit to \nthe Committee on Energy and Natural Resources of the Senate and the \nCommittee on Resources of the House of Representatives a report that \ndescribes the findings, conclusions, and recommendations of the study.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.","summary":"Trail of the Ancients National Heritage Area Study Act of 2005 - Directs the Secretary of the Interior, in cooperation with the Four Corners Heritage Council, to conduct a study to assess the feasibility and suitability of designating the Four Corners region comprised of parts of San Juan County, Utah, Montezuma and Dolores Counties, Colorado, Apache and Navajo Counties, Arizona, and San Juan and McKinley Counties, New Mexico, and parts of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes in those States as the Trail of the Ancients National Heritage Area.","title":"A bill to provide for the conduct of a study of the suitability and feasibility of establishing the Trail of the Ancients National Heritage Area in the Four Corners region of the States of Utah, Colorado, Arizona, and New Mexico.","text_len":6744,"sum_len":578} {"bill_id":"109_s1314","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Water Infrastructure Financing \nAct of 2005''.\n\nSEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.\n\n Section 601(a) of the Federal Water Pollution Control Act (33 \nU.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all \nthat follows through the period at the end and inserting ``to \naccomplish the purposes of this Act.''.\n\nSEC. 3. CAPITALIZATION GRANTS AGREEMENTS.\n\n (a) Requirements for Construction of Treatment Works.--Section \n602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. \n1382(b)(6)) is amended--\n (1) by striking ``before fiscal year 1995''; and\n (2) by striking ``201(b)'' and all that follows through \n ``218,'' and inserting ``211,''.\n (b) Guidance for Small Systems.--Section 602 of the Federal Water \nPollution Control Act (33 U.S.C. 1382) is amended by adding at the end \nthe following:\n ``(c) Guidance for Small Systems.--\n ``(1) Simplified procedures.--Not later than 1 year after \n the date of enactment of this subsection, the Administrator \n shall assist the States in establishing simplified procedures \n for small systems to obtain assistance under this title.\n ``(2) Publication of manual.--Not later than 1 year after \n the date of enactment of this subsection, after providing \n notice and opportunity for public comment, the Administrator \n shall publish--\n ``(A) a manual to assist small systems in obtaining \n assistance under this title; and\n ``(B) in the Federal Register, notice of the \n availability of the manual.\n ``(3) Definition of small system.--In this title, the term \n `small system' means a system for which a municipality or \n intermunicipal, interstate, or State agency seeks assistance \n under this title and that serves a population of 20,000 or \n fewer inhabitants.''.\n\nSEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.\n\n (a) Activities Eligible for Assistance.--Section 603 of the Federal \nWater Pollution Control Act (33 U.S.C. 1383) is amended by striking \nsubsection (c) and inserting the following:\n ``(c) Activities Eligible for Assistance.--\n ``(1) In general.--The water pollution control revolving \n fund of a State shall be used only for providing financial \n assistance for activities that have, as a principal benefit, \n the improvement or protection of the water quality of navigable \n waters to a municipality, intermunicipal, interstate, or State \n agency, or other person, including activities such as--\n ``(A) construction of a publicly owned treatment \n works;\n ``(B) implementation of lake protection programs \n and projects under section 314;\n ``(C) implementation of a nonpoint source \n management program under section 319;\n ``(D) implementation of an estuary conservation and \n management plan under section 320;\n ``(E) restoration or protection of publicly or \n privately owned riparian areas, including acquisition \n of property rights;\n ``(F) implementation of measures to improve the \n efficiency of public water use;\n ``(G) development and implementation of plans by a \n public recipient to prevent water pollution; and\n ``(H) acquisition of land necessary to meet any \n mitigation requirements related to construction of a \n publicly owned treatment works.\n ``(2) Fund amounts.--\n ``(A) Repayments.--The water pollution control \n revolving fund of a State shall be established, \n maintained, and credited with repayments.\n ``(B) Availability.--The balance in the fund shall \n be available in perpetuity for providing financial \n assistance described in paragraph (1).\n ``(C) Fees.--Fees charged by a State to recipients \n of the assistance may be deposited in the fund and may \n be used only to pay the cost of administering this \n title.''.\n (b) Extended Repayment Period for Financially Distressed \nCommunities.--Section 603(d)(1) of the Federal Water Pollution Control \nAct (33 U.S.C. 1383(d)(1)) is amended--\n (1) in subparagraph (A), by inserting after ``20 years'' \n the following: ``or, in the case of a financially distressed \n community, the lesser of 40 years or the expected life of the \n project to be financed with the proceeds of the loan''; and\n (2) in subparagraph (B), by striking ``not later than 20 \n years after project completion'' and inserting ``on the \n expiration of the term of the loan''.\n (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution \nControl Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) \nand inserting the following:\n ``(5) to provide loan guarantees for--\n ``(A) similar revolving funds established by \n municipalities or intermunicipal agencies; and\n ``(B) developing and implementing innovative \n technologies;''.\n (d) Administrative Expenses.--Section 603(d)(7) of the Federal \nWater Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by \ninserting before the period at the end the following: ``or the greater \nof $400,000 per year or an amount equal to \\1\/2\\ percent per year of \nthe current valuation of the fund, plus the amount of any fees \ncollected by the State under subsection (c)(2)(C)''.\n (e) Technical and Planning Assistance for Small Systems.--Section \n603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) \nis amended--\n (1) in paragraph (6), by striking ``and'' at the end;\n (2) in paragraph (7), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(8) to provide to small systems technical and planning \n assistance and assistance in financial management, user fee \n analysis, budgeting, capital improvement planning, facility \n operation and maintenance, repair schedules, and other \n activities to improve wastewater treatment plant operations, \n except that the amounts used under this paragraph for a fiscal \n year shall not exceed 2 percent of all grants provided to the \n fund for the fiscal year under this title.''.\n (f) Consistency With Planning Requirements.--Section 603(f) of the \nFederal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by \nstriking ``is consistent'' and inserting ``is not inconsistent''.\n (g) Construction Assistance.--Section 603 of the Federal Water \nPollution Control Act (33 U.S.C. 1383) is amended by striking \nsubsection (g) and inserting the following:\n ``(g) Construction Assistance.--\n ``(1) Priority list requirement.--The State may provide \n financial assistance from the water pollution control revolving \n fund of the State for a project for construction of a publicly \n owned treatment works only if the project is on the priority \n list of the State under section 216, without regard to the rank \n of the project on the list.\n ``(2) Eligibility of certain treatment works.--A treatment \n works shall be treated as a publicly owned treatment works for \n purposes of subsection (c) if the treatment works, without \n regard to ownership, would be considered a publicly owned \n treatment works and is principally treating municipal waste \n water or domestic sewage.''.\n (h) Principal Subsidization.--Section 603 of the Federal Water \nPollution Control Act (33 U.S.C. 1383) is amended by adding at the end \nthe following:\n ``(i) Principal Subsidization.--\n ``(1) In general.--Subject to paragraph (2), in a case in \n which a State makes a loan under subsection (d)(1) to a \n financially distressed community, the State may provide \n additional subsidization to the loan recipient (including \n forgiveness of principal).\n ``(2) Limitation.--For each fiscal year, the total amount \n of loan subsidies made by a State under this subsection shall \n not exceed 30 percent of the amount of the capitalization grant \n received by the State for that fiscal year.\n ``(j) Information to Assist States.--The Administrator may publish \ninformation to assist States in establishing the affordability criteria \nreferred to in subsection (l).\n ``(k) Priority.--In making a loan under this section, a State may \ngive priority to a financially distressed community.\n ``(l) Definition of Financially Distressed Community.--In this \nsection, the term `financially distressed community' means any \ncommunity that meets affordability criteria that are--\n ``(1) established by the State in which the community is \n located; and\n ``(2) developed after public review and comment.''.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 607 of the Federal Water Pollution Control Act (33 U.S.C. \n1387) is amended by striking ``the following sums:'' and all that \nfollows through the period at the end of paragraph (5) and inserting \n``$4,000,000,000 for each of fiscal years 2006 through 2010.''.","summary":"Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act. Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements. Directs the Administrator to assist states in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies, (2) administrative expenses, (3) small system technical, planning, and management assistance, (4) financially distressed communities. And (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds. Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program.","title":"A bill to amend the Federal Water Pollution Control Act to authorize appropriations for States water pollution control revolving funds, and for other purposes.","text_len":9770,"sum_len":1289} {"bill_id":"105_hr3166","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employees Health Care \nFreedom of Choice Act''.\n\nSEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE.\n\n (a) Definitions.--Section 8901 of title 5, United States Code, is \namended--\n (1) in paragraph (10) by striking ``and'' after the \n semicolon;\n (2) in paragraph (11) by striking the period and inserting \n a semicolon; and\n (3) by adding at the end the following:\n ``(12) the term `high deductible health plan' means a plan \n described by section 8903(5) or section 8903a(d); and\n ``(13) the term `medical savings account' has the meaning \n given such term by section 220(d) of the Internal Revenue Code \n of 1986.''.\n (b) Authority To Contract for High Deductible Health Plans.--\nSection 8902 of title 5, United States Code, is amended by adding at \nthe end the following:\n ``(p)(1) The Office shall contract under this chapter for a high \ndeductible health plan with any qualified carrier that--\n ``(A) offers such a plan; and\n ``(B) as of the date of enactment of the Federal Employees \n Health Care Freedom of Choice Act, offers a health benefits \n plan under this chapter.\n ``(2) The Office may contract under this chapter for a high \ndeductible health plan with any qualified carrier that--\n ``(A) offers such a plan; but\n ``(B) does not satisfy the requirement under paragraph \n (1)(B).''.\n (c) Description of High Deductible Health Plans and Benefits To Be \nProvided Thereunder.--\n (1) In general.--Section 8903 of title 5, United States \n Code, is amended by adding at the end the following:\n ``(5) High deductible health plans.--(A) One or more plans \n described by paragraph (1), (2), (3), or (4), which--\n ``(i) are high deductible health plans (as defined \n by section 220(c)(2) of the Internal Revenue Code of \n 1986); and\n ``(ii) provide benefits of the types referred to by \n section 8904(a)(5).\n ``(B) Nothing in this section shall be considered--\n ``(i) to prevent a carrier from simultaneously \n offering a plan described by subparagraph (A) and a \n plan described by paragraph (1) or (2);\n ``(ii) to require that a high deductible health \n plan offer two levels of benefits; or\n ``(iii) to allow, in any contract year, for--\n ``(I) more than one plan to be offered \n which satisfies both subparagraph (A) and \n paragraph (1) (subject to clause (ii)); and\n ``(II) more than one plan which satisfies \n both subparagraph (A) and paragraph (2) \n (subject to clause (ii)).''.\n (2) Types of benefits.--Section 8904(a) of title 5, United \n States Code, is amended by inserting after paragraph (4) the \n following:\n ``(5) High deductible health plans.--Benefits of the types \n named under paragraph (1) or (2) of this subsection or both.''.\n (3) Conforming amendments.--(A) Section 8903a of title 5, \n United States Code, is amended by redesignating subsection (d) \n as subsection (e) and by inserting after subsection (c) the \n following:\n ``(d) The plans under this section may include one or more plans, \notherwise allowable under this section, that satisfy the requirements \nof clauses (i) and (ii) of section 8903(5)(A).''.\n (B) Section 8909(d) of title 5, United States Code, is \n amended by striking ``8903a(d)'' and inserting ``8903a(e)''.\n (4) References.--Section 8903 of title 5, United States \n Code, is amended by adding at the end (as a flush left \n sentence) the following:\n``The Office shall prescribe regulations under which the requirements \nof section 8902(c), 8902(n), 8909(e), and any other provision of this \nchapter that applies with respect to a plan described by paragraph (1), \n(2), (3), or (4) of this section shall apply with respect to the \ncorresponding plan under paragraph (5) of this section. Similar \nregulations shall be prescribed with respect to any plan under section \n8903a(d).''.\n (d) Contributions Toward High Deductible Health Plans and Medical \nSavings Accounts.--\n (1) Amendments.--\n (A) In general.--Title 5, United States Code, is \n amended by redesignating section 8906a as section 8906b \n and by inserting after section 8906 the following:\n``Sec. 8906a. Contribution provisions relating to certain individuals \n enrolled in high deductible health plans\n ``(a) In the case of an employee or annuitant who enrolls in a high \ndeductible health plan, section 8906 shall apply in accordance with its \nterms, except as otherwise provided in this section.\n ``(b) Instead of the amount that would otherwise apply under the \nprovisions of section 8906(d), the amount to be withheld under such \nprovisions from the pay or annuity of an employee or annuitant \ndescribed in subsection (a), for any biweekly or other period, shall be \nthe equivalent (expressed in terms of such periods) of the amount by \nwhich--\n ``(1) the applicable average subscription charge, as \n determined under section 8906(a) for the contract year \n involved, exceeds\n ``(2) the total Government contribution allowable for such \n contract year (as defined in subsection (h)),\nbut not to exceed 100 percent of the subscription charge for the plan \nin which such employee or annuitant is enrolled.\n ``(c) Instead of the amount that would otherwise apply under the \nprovisions of section 8906(b), in the case of an employee or annuitant \ndescribed in subsection (a), the biweekly or other periodic Government \ncontribution under such provisions toward the subscription charge for \nthe plan in which such employee or annuitant is enrolled shall be the \namount by which such charge exceeds (if at all) the amount which under \nsubsection (b) is required to be withheld from the pay or annuity of \nthe employee or annuitant involved.\n ``(d)(1) Subject to paragraph (2), there shall be paid to the \nmedical savings account of each employee or annuitant described in \nsubsection (a), at the same time that the Government contribution under \nsection 8906 is made (or would, but for this section, be made) for the \nbenefit of such employee or annuitant, the amount by which--\n ``(A) the total Government contribution allowable for the \n contract year involved (as defined in subsection (h)), exceeds\n ``(B) the amount of the Government contribution which under \n subsection (c) is required to be made toward the subscription \n charge for the plan in which such employee or annuitant is \n enrolled.\nNo election to decline any contributions under this subsection shall be \navailable to an employee or annuitant.\n ``(2) No contribution under this subsection shall be made to any \nmedical savings account of an employee or annuitant for any period if, \nas of the first day of the month before the month in which such period \ncommences, such employee or annuitant (or the spouse of such employee \nor annuitant, if coverage is for self and family) is entitled to \nbenefits under part A of title XVIII of the Social Security Act.\n ``(3) The Office shall by regulation prescribe the time, form, and \nmanner in which an employee or annuitant shall identify any medical \nsavings account to which contributions for such employee or annuitant \nshall be made under this subsection.\n ``(4) Subsections (f) and (g) of section 8906 shall apply with \nrespect to contributions under this subsection.\n ``(e) Any adjustment in the amount of any contribution under \nsection 8906 that is required by subsection (b) or (c) of this section \nbeginning in any contract year shall take effect--\n ``(1) in the case of an employee, at the point in such year \n described in the second sentence of section 8906(b)(1); and\n ``(2) in the case of an annuitant, at the point in such \n year described in the third sentence of section 8906(b)(1).\n ``(f)(1) This section shall not apply to any employee or annuitant \nwith respect to any period for which such employee or annuitant would \nnot otherwise be eligible for a Government contribution under section \n8906 (determined disregarding this section).\n ``(2) Neither subsection (b) nor (c) shall apply with respect to an \nemployee or annuitant for any period for which--\n ``(A) such employee or annuitant is ineligible for any \n contribution under subsection (d) by reason of paragraph (2) \n thereof; or\n ``(B) the amount of the contribution under subsection (d) \n for such employee or annuitant would otherwise be zero.\n ``(g) The Office shall by regulation provide for the application of \nsection 8906(c) to the extent necessary to reflect any change in the \nratio of individual to Government contributions resulting from the \napplication of this section.\n ``(h) For purposes of this section, the term `total Government \ncontribution allowable', as used with respect to a contract year, means \nthe maximum Government contribution that could be made for health \nbenefits for an employee or annuitant for such contract year, as \ndetermined under paragraph (1) of section 8906(b) (as well as paragraph \n(3) thereof, if appropriate, but disregarding paragraph (2) thereof and \nthe provisions of this section).''.\n (B) Technical and conforming amendments.--(i) The \n table of sections at the beginning of chapter 89 of \n title 5, United States Code, is amended by striking the \n item relating to section 8906a and inserting the \n following:\n\n``8906a. Contribution provisions relating to certain individuals \n enrolled in high deductible health plans.\n``8906b. Temporary employees.''.\n (ii) Section 8913(b)(4) of title 5, United States \n Code, is amended by striking ``8906a(a)'' and inserting \n ``8906b(a)''.\n (2) High deductible health plans to be disregarded in \n determining government contributions.--Section 8906 of title 5, \n United States Code, is amended by adding at the end the \n following:\n ``(j) Notwithstanding any other provision of this section, there \nshall not be taken into account, for purposes of computing any average \nunder subsection (a), any subscription charge for any high deductible \nhealth plan or any individuals enrolled therein.''.\n (3) Coordination provision.--Nothing in this section or in \n any amendment made by this section shall be considered to \n affect any authority under section 1005(f) of title 39, United \n States Code, to vary, add to, or substitute for any provision \n of chapter 89 of title 5, United States Code, as amended by \n this section.\n (4) Technical amendment.--The second sentence of section \n 8909(a) of title 5, United States Code, is amended by inserting \n ``(not including any Government contributions under section \n 8906a to a medical savings account)'' after ``of this title''.\n (e) Information to Individuals Who May Be Eligible for Government \nContributions to a Medical Savings Account.--Section 8907 of title 5, \nUnited States Code, is amended by adding at the end the following:\n ``(c) In addition to any information otherwise provided for under \nthis section, the Office shall make available to all employees and \nannuitants eligible to enroll in a high deductible health plan, in a \nform acceptable to the Office after consultation with the carrier, \ninformation relating to--\n ``(1) the conditions under which a Government contribution \n shall be made under this chapter to a medical savings account;\n ``(2) the amount of the Government contribution payable \n under this chapter to a medical savings account (or how such \n amount may be ascertained); and\n ``(3) any other matter which the Office considers \n appropriate in connection with medical savings accounts.''.\n (f) Effective Date.--The amendments made by this section shall \napply with respect to contract years beginning on or after January 1, \n1999. The Office of Personnel Management shall take appropriate \nmeasures to ensure that coverage under a high deductible health plan \nunder chapter 89 of title 5, United States Code (as amended by this \nsection) shall be available as of the beginning of the first contract \nyear described in the preceding sentence.\n\nSEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.\n\n (a) Inclusion of Employees Enrolled in FEHBP High Deductible Health \nPlan.--Clause (iii) of section 220(c)(1)(A) of the Internal Revenue \nCode of 1986 (defining eligible individual) is amended by striking \n``or'' at the end of subclause (I), by striking the period at the end \nof subclause (II) and inserting ``, or'', and by adding at the end the \nfollowing new subclause:\n ``(III) the high deductible health \n plan covering such individual is \n provided under chapter 89 of title 5, \n United States Code.''.\n (b) Contributions Limited to Federal Contribution.--Subsection (b) \nsection 220 of such Code (relating to limitations) is amended by adding \nat the end the following new paragraph:\n ``(8) Denial of deduction for individuals covered by high \n deductible federal employee health benefits plan.--The \n limitation under this subsection for any month with respect to \n any individual shall be zero if, as of the first day of such \n month, such individual is covered under a high deductible \n health plan provided under chapter 89 of title 5, United States \n Code. For purposes of applying section 106(b) for such month--\n ``(A) the preceding sentence shall not apply, and\n ``(B) paragraph (4) shall not apply to any \n individual who is entitled to receive any amount for \n such month by reason of being an annuitant (as defined \n in section 8901(3) of such title 5).''.\n (c) Numerical Limitations, Etc., Not To Apply.--\n (1) In general.--Subsection (i) of section 220 of such Code \n is amended by adding at the end the following new paragraph:\n ``(6) Exception for individuals covered by federal employee \n health benefits plans.--This subsection shall not apply to any \n individual who is an eligible individual by reason of \n subsection (c)(1)(A)(iii)(III). Medical savings accounts \n established by such individuals shall not be taken into account \n in determining whether the numerical limitations under \n subsection (j) are exceeded.''.\n (2) Exception from reporting.--Paragraph (4) of section \n 220(j) of such Code is amended by adding at the end the \n following new subparagraph:\n ``(E) Exception for accounts of individuals covered \n by federal employee health benefits plans.--No report \n shall be required under this paragraph with respect to \n a medical savings account of an individual if such \n account was established at the time such individual was \n an eligible individual by reason of subsection \n (c)(1)(A)(iii)(III).''.","summary":"Federal Employees Health Care Freedom of Choice Act - Amends provisions of Federal law relating to the Federal Employees' Health Benefits Program (FEHBP) to authorize, and in certain circumstances require, the Office of Personnel Management (OPM) to contract with qualified carriers for a high deductible health plan . Requires that such a plan provide benefits of the types provided by service benefit plans, indemnity benefit plans, or both. Sets forth special contribution requirements applicable to employees or annuitants enrolled in such plans, including mandating certain payments to the medical savings account of each individual so enrolled. Requires OPM to make information available to such individuals regarding the circumstances in which a Government contribution will be made to a medical savings account and the amount of that contribution. Amends Internal Revenue Code medical savings account provisions to modify the definition of eligible individual to add references to high deductible plans provided under the FEHBP. Regulates the medical savings account deduction for FEHBP individuals. Exempts FEHBP individuals from numerical limits on the number of taxpayers having medical savings accounts.","title":"Federal Employees Health Care Freedom of Choice Act","text_len":16061,"sum_len":1215} {"bill_id":"113_s1375","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rebuilding Equity Act of 2013''.\n\nSEC. 2. REBUILDING EQUITY PROGRAM.\n\n (a) Establishment of Voluntary Program.--\n (1) Establishment.--\n (A) Payment of closing costs.--The Federal National \n Mortgage Association and the Federal Home Loan Mortgage \n Corporation (in this Act referred to as the \n ``enterprises'') shall each establish a voluntary \n program for borrowers described in paragraph (2), under \n which the enterprises shall pay $1,000 toward the \n closing costs associated with applying for and \n receiving the refinancing when the borrower agrees to \n refinance into a fully amortizing loan with a term of \n not longer than 20 years.\n (B) First year of program.--During the 12-month \n period that begins on the date of enactment of this \n Act, the amount of the closing costs that each \n enterprise shall pay under the program shall not vary \n based on the term of the mortgage that the borrower \n agrees to refinance into.\n (C) Subsequent years.--\n (i) Annual recalculation of closing costs \n payment.--Upon the expiration of the 12-month \n period set forth under subparagraph (B), and \n for each of the next two 12-month periods \n thereafter, the Director of the Federal Housing \n Finance Agency--\n (I) shall adjust the amount of the \n portion of the closing costs that each \n enterprise will pay under the program--\n (aa) by an amount that \n results in such program being \n revenue neutral for such 12-\n month period; and\n (bb) based on economic \n conditions generally affecting \n the mortgage and housing \n markets; and\n (II) may adjust the amount of the \n closing costs that each enterprise will \n pay under the program based on the term \n of the mortgage that the borrower \n agrees to refinance into.\n (ii) Report.--The Director of the Federal \n Housing Finance Agency shall report any \n adjustments made pursuant to the requirements \n of clause (i) to the Chair and Ranking Member \n of the Committee on Banking, Housing, and Urban \n Affairs of the Senate and the Committee on \n Financial Services of the House of \n Representatives.\n (2) Eligible borrowers.--The program required by paragraph \n (1) shall be for any borrower--\n (A) who qualifies for the Home Affordable Refinance \n Program carried out by the enterprises;\n (B) whose subject property has a loan-to-value \n ratio of not less than 105 percent; and\n (C) who refinances from a loan with an original \n term of 30 years to a loan with a term of 20 years or \n less.\n (b) Sunset.--Each voluntary program under this section shall \nterminate on the date that is 3 years after the date of establishment \nof such program.\n (c) Definitions.--As used in this section, the following \ndefinitions shall apply:\n (1) Loan-to-value ratio.--The term ``loan-to-value ratio'' \n means the ratio of the amount of the primary mortgage on a \n property to the value of that property.\n (2) Closing costs.--The term ``closing costs''--\n (A) means all reasonable and actual costs charged \n to the borrower by a third party to the refinancing \n transaction;\n (B) includes--\n (i) appraisal and inspection fees;\n (ii) fees associated with obtaining a \n borrower's credit report;\n (iii) title insurance and title examination \n costs;\n (iv) attorneys' fees associated with \n closing the transaction, other than attorneys' \n fees associated with disputes arising out of \n the transaction or otherwise ancillary to \n closing the transaction;\n (v) document preparation costs, if \n completed by a third party not controlled by \n the lender;\n (vi) transfer stamps, recording fees, \n courier fees, wire transfer fees, and \n reconveyance fees; and\n (vii) test and certification fees; and\n (C) does not include any costs charged to the \n borrower by the lender, including--\n (i) lender application fees; and\n (ii) lender origination fees.","summary":"Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less.","title":"Rebuilding Equity Act of 2013","text_len":5775,"sum_len":1174} {"bill_id":"105_hr3664","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tobacco Program Administrative \nReform Act of 1998''.\n\nSEC. 2. ASSESSMENT UPON TOBACCO PRODUCT MANUFACTURERS AND IMPORTERS TO \n COVER DEPARTMENT OF AGRICULTURE COSTS ASSOCIATED WITH \n TOBACCO PROGRAMS.\n\n (a) Covered Department Costs.--Not later than September 30 of each \nfiscal year, the Secretary of Agriculture shall estimate the costs to \nbe incurred by the Department of Agriculture during the next fiscal \nyear--\n (1) to administer the tobacco quota program under subtitle \n B of title III of the Agricultural Adjustment Act of 1938 (7 \n U.S.C. 1311 et seq.);\n (2) to administer the tobacco price support program under \n sections 106, 106A, and 106B of the Agricultural Act of 1949 (7 \n U.S.C. 1445, 1445-1, 1445-2);\n (3) to carrying out crop insurance programs for tobacco, \n including the costs to be incurred by the Federal Crop \n Insurance Corporation under section 508(e) of the Federal Crop \n Insurance Act (7 U.S.C. 1508(e)) to pay the premium for \n catastrophic risk protection for tobacco crops and the Federal \n portion of the premium for various additional coverages \n available for tobacco crops; and\n (4) to extension services related to tobacco production and \n marketing.\n (b) Adjustment of Estimate.--If the estimate prepared for a fiscal \nyear under subsection (a) proves to be insufficient to cover the actual \ncosts described in such subsection that were incurred by the Department \nduring that fiscal year, the Secretary shall adjust the estimate for \nthe next fiscal year to recoup the additional costs incurred by \nDepartment and paid out of Department funds.\n (c) Market Share and Assessment Determinations.--As soon as \npossible after preparing the estimate for a fiscal year under \nsubsection (a), the Secretary shall determine the market share of each \ntobacco product manufacturer and each tobacco product importer during \nthe most recent calendar year and the amount of the assessment payable \nby the tobacco product manufacturer or tobacco product importer for \nthat fiscal year.\n (d) Individual Amount of Assessments.--The amount of an assessment \npayable by each tobacco product manufacturer and tobacco product \nimporter under this section for a fiscal year shall be equal to the \nproduct obtained by multiplying--\n (1) the total amount of costs estimated by the Secretary \n under subsection (a), as adjusted under subsection (b), for \n that fiscal year; by\n (2) the market share of the tobacco product manufacturer or \n tobacco product importer during the most recent calendar year \n determined under subsection (d).\n (e) Collection, Deposit, and Availability of Assessments.--\n (1) Collection.--At such time each fiscal year and in such \n manner as the Secretary may prescribe, each tobacco product \n manufacturer and tobacco product importer shall remit to the \n Secretary a nonrefundable assessment in the amount determined \n for that tobacco product manufacturer or tobacco product \n importer for that year under subsection (d). The Secretary may \n enforce the collection of assessments under this paragraph in \n the courts of the United States.\n (2) Tobacco assessment fund.--There is established in the \n Treasury of the United States a fund to be known as the \n ``Tobacco Assessment Fund'', which shall consist of all \n assessments collected under paragraph (1).\n (3) Authorized uses of fund.--Amounts in the Tobacco \n Assessment Fund shall be available to the Secretary, without \n further appropriation, to cover the Department costs described \n in subsection (a).\n (4) Refunds.--If the Secretary determines that amounts \n collected under paragraph (1) for a fiscal year and deposited \n in the Tobacco Assessment Fund exceed the amounts required to \n cover anticipated Department costs under subsection (a) for \n that fiscal year, plus a reasonable reserve, the Secretary \n shall refund the excess amounts to tobacco product \n manufacturers and tobacco product importers using the same \n proportion for each tobacco product manufacturer and tobacco \n product importer as used in the original assessment.\n (f) Effect on Crop Insurance Premiums; Existing Assessments.--(1) \nAmounts made available to the Secretary under this section may not be \nused to change the crop insurance premiums assessed to tobacco \nproducers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) \nrelative to other crops.\n (2) Nothing in this section shall be construed to alter the \nassessments imposed and collected--\n (A) for deficit reduction purposes under section 106(g) of \n the Agricultural Act of 1949 (7 U.S.C. 1445(g)); or\n (B) to finance operations of No Net Cost Tobacco Funds \n under section 106A of such Act (7 U.S.C. 1445-1) and No Net \n Cost Tobacco Accounts under section 106B of such Act (7 U.S.C. \n 1445-2).\n (g) Definitions.--For purposes of this section:\n (1) Tobacco product importer.--The term ``tobacco product \n importer'' has the meaning given the term ``importer'' in \n section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. \n 5702).\n (2) Tobacco product manufacturer.--The term ``tobacco \n product manufacturer'' has the meaning given the term \n ``manufacturer of tobacco products'' in section 5702 of the \n Internal Revenue Code of 1986 (26 U.S.C. 5702); except that the \n term does not include a person that only manufactures cigars or \n pipe tobacco.\n (3) Market share.--The term ``market share'' means the \n ratio of--\n (A) the tax liability of a tobacco product \n manufacturer or tobacco product importer for a calendar \n year under section 5703 of the Internal Revenue Code of \n 1986 (26 U.S.C. 5703); to\n (B) the tax liability of all tobacco product \n manufacturers and tobacco product importers for that \n calendar year under such section.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (5) Department.--The term ``Department'' means the \n Department of Agriculture.","summary":"Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual Department of Agriculture tobacco program costs. And (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund.","title":"Tobacco Program Administrative Reform Act of 1998","text_len":6637,"sum_len":315} {"bill_id":"104_hr316","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lending Enhancement Through \nNecessary Due Process Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress hereby finds the following:\n (1) Excessive and groundless litigation against innocent \n directors and officers of failed financial institutions is \n adversely affecting the national economy by creating an \n environment where bankers are reluctant to make loans.\n (2) The efforts by Federal banking regulators to impose \n liability on bank officials for good faith business decisions \n is impeding our banking system by making it difficult for \n financial institutions to attract officers and directors.\n (3) Since 1989, Federal regulators have used enhanced \n powers to pursue not only culpable individuals but also \n countless innocent people who are targeted because of their \n financial condition.\n (4) Tactics used by regulators to induce settlements \n include the threat of attachment of assets and the use of \n taxpayer-funded outside fee counsel to file lawsuits, the costs \n of which often bankrupt individuals trying to clear their \n names.\n (5) Reform of the banking laws are needed to curtail \n regulatory abuse and to ensure that directors and officers have \n due process protections and the ability to make good faith \n lending decisions.\n\nSEC. 3. FACTORS AND STANDARDS FOR CERTAIN ENFORCEMENT PROCEEDINGS.\n\n Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818) \nis amended by adding at the end the following new paragraphs:\n ``(5) Affirmative defenses applicable with respect to \n certain administrative and judicial proceedings.--In the \n determination of whether any director, officer, or institution-\n affiliated party of an insured depository institution has \n committed any violation or breach of duty for purposes of this \n section or section 11(k), the following affirmative defenses \n shall be available to the director, officer, or institution-\n affiliated party in any civil action against the director, \n officer, or party before a Federal banking agency or a court of \n jurisdiction:\n ``(A) Business judgment.--A director, officer, or \n institution-affiliated party of an insured depository \n institution shall not be deemed to have committed any \n violation or breach of duty in the making of any \n business judgment (without regard to whether such \n business judgment is later determined to have been in \n error), if--\n ``(i) in a case in which the director, \n officer, or institution-affiliated party had an \n interest in the subject of the business \n judgment, the director, officer, or party--\n ``(I) disclosed that interest at or \n before the time the business judgment \n was made; or\n ``(II) abstained from any vote \n taken in connection with such business \n judgment or from otherwise \n participating in making the business \n judgment;\n ``(ii) at or before the time the business \n judgment was made, the director, officer, or \n institution-affiliated party made such inquiry \n about the subject of the business judgment as a \n reasonably prudent person would have made under \n the circumstances;\n ``(iii) after being put on reasonable \n notice of a need to act, the director, officer, \n or institution-affiliated party took such \n actions as a reasonably prudent person would \n have taken under the circumstances; and\n ``(iv) the director, officer, or \n institution-affiliated party acted in good \n faith.\n ``(B) Regulatory approval.--A director, officer, or \n institution-affiliated party of an insured depository \n institution shall not be deemed to have committed any \n violation or breach of duty if any examiner or other \n representative of an appropriate Federal banking agency \n or State bank supervisor, upon full and accurate \n disclosure of the relevant facts, approved the good \n faith practice, action, or omission which is alleged to \n be the violation or breach, whether or not such \n approval was communicated to the director, officer, or \n institution-affiliated party or any other person at \n such institution.\n ``(C) Unforeseeable economic conditions.--A \n director, officer, or institution-affiliated party of \n an insured depository institution shall not be deemed \n to have committed any violation or breach of duty if--\n ``(i) unforeseeable economic conditions, \n which develop after the occurrence of the \n practice, action, or omission which is alleged \n to be a violation or breach, were the proximate \n cause of any loss experienced by the \n institution; and\n ``(ii) the director, officer, or \n institution-affiliated party acted in good \n faith.\n ``(6) Minimum standard for order of production of personal \n financial information.--\n ``(A) In general.--Except as provided in \n subparagraph (B), a Federal banking agency, including \n the Resolution Trust Corporation in such corporation's \n capacity as conservator or receiver of an insured \n depository institution, may not seek to obtain, \n directly or indirectly, and no court (with respect to \n any request from any such agency or corporation) may \n order the production of, the personal financial records \n of any person for the agency unless the head of the \n agency or corporation (or the designee of the head of \n the agency or corporation), submits a written finding \n which is disclosed to such person and certified to an \n appropriate court of jurisdiction, and the court \n through a de novo finding determines, that the agency \n has reasonable cause to believe that--\n ``(i) the person whose records are being \n sought has committed a violation for which a \n civil penalty may be imposed under paragraph \n (2) or has breached a duty owed to an insured \n depository institution; and\n ``(ii) the person's financial condition is \n undergoing or is likely, within 6 months of the \n date of the request for the production of \n financial records, to undergo a material \n change.\n ``(B) Exception.--Subparagraph (A) shall not apply \n with respect to a request for the production of \n financial records by an appropriate Federal banking \n agency of any person--\n ``(i) in connection with an investigation \n of the person by the agency pursuant to section \n 7(j); or\n ``(ii) after an administrative or judicial \n determination, on a record after opportunity \n for agency hearing, that the person has \n committed a violation for which a civil penalty \n may be assessed under paragraph (2).''.\n\nSEC. 4. DUE PROCESS PROTECTIONS RELATING TO ATTACHMENT OF ASSETS.\n\n Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is \namended--\n (1) by striking subsection (i)(4)(B) and inserting the \n following new subparagraph:\n ``(B) Standard.--\n ``(i) Showing.--Rule 65 of the Federal \n Rules of Civil Procedure shall apply with \n respect to any proceeding under subparagraph \n (A).\n ``(ii) State proceeding.--If, in the case \n of any proceeding in a State court, the court \n determines that rules of civil procedure \n available under the laws of such State provide \n substantially similar protections to such \n party's right to due process as Rule 65 of the \n Federal Rules of Civil Procedure, the relief \n sought under subparagraph (A) may be requested \n under the laws of such State.''; and\n (2) in subsection (b), by adding at the end the following \n new paragraph:\n ``(10) Standard for certain orders.--No authority under \n this subsection or subsection (c) to prohibit any institution-\n affiliated party from withdrawing, transferring, removing, \n dissipating, or disposing of any funds, assets, or other \n property may be exercised unless the agency meets the standards \n of Rule 65 of the Federal Rules of Civil Procedure.''.\n\nSEC. 5. DIRECTOR AND OFFICER LIABILITY.\n\n Section 11(k) of the Federal Deposit Insurance Act (12 U.S.C. \n1821(k)) is amended by adding at the end the following new sentence: \n``Notwithstanding the preceding sentence, a civil action for monetary \ndamages for losses due to a disregard of a duty of care may not be \nbrought against any director or officer of any insured depository \ninstitution by the Corporation in any capacity described in clause (1), \n(2), or (3) of the 1st sentence of this subsection under any provision \nof State law, unless the standard of disregard required to be \ndemonstrated under such provision of law is as great or greater than \nthe standard described in the 1st sentence.''.","summary":"Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal banking agency or a court of jurisdiction: (1) business judgment, (2) regulatory approval. And (3) unforeseeable economic conditions. Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court. Declares the Federal Rules of Civil Procedure relating to prejudgment attachment of assets applicable to Federal banking regulatory agencies. Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard.","title":"Lending Enhancement Through Necessary Due Process Act","text_len":10978,"sum_len":1006} {"bill_id":"111_hr3179","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``SIG TARP Small Business Awareness Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Small businesses are going to be the driving force \n behind revitalizing our economy.\n (2) Small financial institutions are a primary financial \n resource for small businesses.\n (3) In a hearing of the Committee on Financial Services of \n the House of Representatives, witnesses testified that smaller \n financial institutions are having difficulty receiving funds \n from the Troubled Asset Relief Program.\n (4) In a hearing of the Committee on Financial Services of \n the House of Representatives, witnesses also testified that \n small businesses are having trouble receiving credit and \n financial products from banks and other financial institutions.\n\nSEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET \n RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS \n AND BUSINESSES.\n\n (a) In General.--Section 121(c) of the Emergency Economic \nStabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at \nthe end the following new paragraph:\n ``(5) Effects of program on small financial institutions \n and small businesses.--\n ``(A) Small financial institutions.--In conducting \n audits and providing oversight of the Troubled Asset \n Relief Program in accordance with this section, the \n Special Inspector General shall examine how smaller \n financial institutions are being affected by--\n ``(i) expenditures under the Program \n (including the adequacy of financial assistance \n provided to or on behalf of such smaller \n financial institutions); and\n ``(ii) the considerations and \n determinations of--\n ``(I) the Secretary under this \n title; and\n ``(II) the regulators of such \n smaller financial institutions, with \n respect to capital adequacy and \n troubled assets.\n ``(B) Small businesses.--In conducting audits and \n providing oversight of the Troubled Asset Relief \n Program, the Special Inspector General shall examine \n the effects the provision of financial assistance under \n this title has had on small businesses, including both \n positive and negative effects and the extent of such \n effects on small businesses generally and by type and \n region.\n ``(C) Reports.--Any report prepared by the Special \n Inspector General under this section shall include the \n results of the activities of the Special Inspector \n General under paragraphs (1) and (2).''.\n (b) Report on Inclusion and Utilization of Women and Minorities.--\nSection 121(i) of the Emergency Economic Stabilization Act of 2008 (12 \nU.S.C. 5231(i)) is amended by adding at the end the following new \nparagraph:\n ``(6) Report on inclusion and utilization of women and \n minorities.--\n ``(A) In general.--The Special Inspector General \n shall include in each quarterly report to the Congress \n under paragraph (1) information on the activities of \n the Secretary and any financial institutions receiving \n financial assistance under this title to include and \n utilize minorities (as such term is defined in section \n 1204(c) of the Financial Institutions Reform, Recovery, \n and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and \n women, and minority- and women-owned businesses (as \n such terms are defined in section 21A(r)(4) of the \n Federal Home Loan Bank Act), in any solicitation or \n contract, including any contract to asset managers, \n servicers, property managers, and other service \n providers or expert consultants.\n ``(B) Information to be included.--The quarterly \n report shall include information on the levels of \n inclusion and utilization of women, minorities, and \n women- and minority-owned businesses, including the \n type of such contracts or solicitations, the dollar \n amount of such contracts or solicitations, the total \n number of such contracts or solicitations, and any \n other information on the activities of the Secretary \n and any financial institutions receiving financial \n assistance under this title to increase the \n participation of women, minorities ,and women- and \n minority-owned businesses including recommendations \n related to increasing such participation.''.\n\n Passed the House of Representatives September 15, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP. (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets. And (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region. Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract. Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses. (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them. And (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations.","title":"To amend the Emergency Economic Stabilization Act of 2008 to require the Special Inspector General for the Troubled Asset Relief Program to include the effect of the Troubled Asset Relief Program on small businesses in the oversight, audits, and reports provided by the Special Inspector General, and for other purposes.","text_len":5597,"sum_len":1296} {"bill_id":"107_hr1524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medical Savings Account Availability \nAct of 2001''.\n\nSEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS.\n\n (a) Repeal of Limitations on Number of Medical Savings Accounts.--\n (1) In general.--Subsections (i) and (j) of section 220 of \n the Internal Revenue Code of 1986 are hereby repealed.\n (2) Conforming amendments.--\n (A) Paragraph (1) of section 220(c) of such Code is \n amended by striking subparagraph (D).\n (B) Section 138 of such Code is amended by striking \n subsection (f).\n (b) Availability Not Limited to Accounts for Employees of Small \nEmployers and Self-Employed Individuals.--\n (1) In general.--Subparagraph (A) of section 220(c)(1) of \n such Code (relating to eligible individual) is amended to read \n as follows:\n ``(A) In general.--The term `eligible individual' \n means, with respect to any month, any individual if--\n ``(i) such individual is covered under a \n high deductible health plan as of the 1st day \n of such month, and\n ``(ii) such individual is not, while \n covered under a high deductible health plan, \n covered under any health plan--\n ``(I) which is not a high \n deductible health plan, and\n ``(II) which provides coverage for \n any benefit which is covered under the \n high deductible health plan.''.\n (2) Conforming amendments.--\n (A) Section 220(c)(1) of such Code is amended by \n striking subparagraph (C).\n (B) Section 220(c) of such Code is amended by \n striking paragraph (4) (defining small employer) and by \n redesignating paragraph (5) as paragraph (4).\n (C) Section 220(b) of such Code is amended by \n striking paragraph (4) (relating to deduction limited \n by compensation) and by redesignating paragraphs (5), \n (6), and (7) as paragraphs (4), (5), and (6), \n respectively.\n (c) Increase in Amount of Deduction Allowed for Contributions to \nMedical Savings Accounts.--\n (1) In general.--Paragraph (2) of section 220(b) of such \n Code is amended to read as follows:\n ``(2) Monthly limitation.--The monthly limitation for any \n month is the amount equal to \\1\/12\\ of the annual deductible \n (as of the first day of such month) of the individual's \n coverage under the high deductible health plan.''.\n (2) Conforming amendment.--Clause (ii) of section \n 220(d)(1)(A) of such Code is amended by striking ``75 percent \n of''.\n (d) Both Employers and Employees May Contribute to Medical Savings \nAccounts.--Paragraph (4) of section 220(b) of such Code (as \nredesignated by subsection (b)(2)(C)) is amended to read as follows:\n ``(4) Coordination with exclusion for employer \n contributions.--The limitation which would (but for this \n paragraph) apply under this subsection to the taxpayer for any \n taxable year shall be reduced (but not below zero) by the \n amount which would (but for section 106(b)) be includible in \n the taxpayer's gross income for such taxable year.''.\n (e) Reduction of Permitted Deductibles Under High Deductible Health \nPlans.--\n (1) In general.--Subparagraph (A) of section 220(c)(2) of \n such Code (defining high deductible health plan) is amended--\n (A) by striking ``$1,500'' in clause (i) and \n inserting ``$1,000''; and\n (B) by striking ``$3,000'' in clause (ii) and \n inserting ``$2,000''.\n (2) Conforming amendment.--Subsection (g) of section 220 of \n such Code is amended to read as follows:\n ``(g) Cost-of-Living Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 1998, each dollar amount in \n subsection (c)(2) shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n such taxable year begins by substituting `calendar year \n 1997' for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(2) Special rules.--In the case of the $1,000 amount in \n subsection (c)(2)(A)(i) and the $2,000 amount in subsection \n (c)(2)(A)(ii), paragraph (1)(B) shall be applied by \n substituting `calendar year 2000' for `calendar year 1997'.\n ``(3) Rounding.--If any increase under paragraph (1) or (2) \n is not a multiple of $50, such increase shall be rounded to the \n nearest multiple of $50.''.\n (f) Providing Incentives for Preferred Provider Organizations To \nOffer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of \nsuch Code is amended by striking ``preventive care if'' and all that \nfollows and inserting ``preventive care.''\n (g) Medical Savings Accounts May Be Offered Under Cafeteria \nPlans.--Subsection (f) of section 125 of such Code is amended by \nstriking ``106(b),''.\n (h) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Medical Savings Account Availability Act of 2001 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal restrictions on the number of accounts which may be established. And (2) expand the availability of such accounts to individuals other than the self-employed and employees of small employers.","title":"To amend the Internal Revenue Code of 1986 to expand the availability of Archer medical savings accounts.","text_len":5820,"sum_len":331} {"bill_id":"109_hr4951","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cocopah Lands Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The reservation of the Cocopah Indian Tribe of Arizona \n is located in Yuma County, Arizona.\n (2) That reservation was created by an Executive order \n signed by President Woodrow Wilson in 1917.\n (3) That reservation is made up of 3 noncontiguous tracts \n of land.\n (4) The Tribe inhabits all 3 parts of the reservation.\n (5) The Tribe purchased the additional lands to provide \n infrastructure to housing areas, water, and economic \n development to tribal members.\n (6) The current trust land base of the reservation is \n insufficient to provide such needs.\n (7) The Tribe acquired 7 parcels of land contiguous to its \n present reservation lands in 1986, 1993, 1997, and 2005, and \n these parcels are currently classified as ``Indian Lands'' \n under Federal law.\n (8) The acquired parcels shall not be taken into trust for \n gaming purposes.\n (9) The best means of solving the Tribe's land and economic \n needs to its tribal members is to require the Secretary to take \n lands in Yuma County, Arizona, that are acquired by the Tribe \n into trust for the Tribe subject to the provisions of this Act.\n\nSEC. 3. DEFINITIONS.\n\n For the purpose of this Act, the following definitions apply:\n (1) Tribe.--The term ``Tribe'' means the Cocopah Indian \n Tribe of Arizona.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. LANDS TO BE TAKEN INTO TRUST.\n\n (a) Lands to Be Taken Into Trust.--If the Tribe transfers title to \nthe land described in subsection (b) to the Secretary, the Secretary \nshall take that land into trust for the benefit of the Tribe, if at the \ntime of such transfer there are no adverse legal claims to such land, \nincluding outstanding liens, mortgages, or taxes owed.\n (b) Land Described.--The land referred to in subsection (a) is \ndescribed as follows:\n (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\\1\/\n 4\\, of the NW\\1\/4\\, of Sec. 1, T. 10 S., R. 25 W., of the Gila \n and Salt River Base and Meridian, Yuma County, Arizona, except \n that portion of the SW\\1\/4\\, of the NW\\1\/4\\, of said Sec. 1, T. \n 10 S., R. 25 W., lying southeasterly of the north right-of-way \n line of the Bureau of Reclamation levee.\n (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\\1\/\n 4\\, of the NE\\1\/4\\, of Sec. 2, T. 10 S., R. 25 W., of the Gila \n and Salt River Base and Meridian, Yuma County, Arizona.\n (3) Parcel 3 (mcdaniel purchase 1993).--That part of the \n E\\1\/2\\, of the SE\\1\/4\\, lying south of the East Main Bureau of \n Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., \n of the Gila and Salt River Base and Meridian, Yuma County, \n Arizona.\n (4) Parcel 4 (holland purchase 1997).--That portion of the \n NW\\1\/4\\, of the NE\\1\/4\\, of Sec. 31, T. 16 S., R 22 E., of the \n San Bernardino Base and Meridian, Yuma County, Arizona, lying \n north of the levee and Salinity Canal; except the north 220 \n feet.\n (5) Parcel 5 (holland purchase 1997).--An easement over the \n easterly 15 feet of the north 220 feet of that portion of the \n NW\\1\/4\\, of the NE\\1\/4\\, of Sec. 31, T. 16 S., R. 22 E., of the \n San Bernardino Base and Meridian, Yuma County, Arizona, lying \n north of the levee and Salinity Canal for irrigation purposes.\n (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, \n Sec. 29, and lots 16 and 17 and the N\\1\/2\\, of the SW\\1\/4\\, of \n the SE\\1\/4\\, of Sec. 30, T. 16 S., R. 22 E., of the San \n Bernardino Meridian, Yuma County, Arizona, according to the \n dependent resurvey of the Bureau of Land Management, accepted \n December 9, 1960.\n (7) Parcel 7 (speed way purchase 2005).--That portion of \n the W\\1\/2\\ of the SE\\1\/4\\ of Sec. 30, T. 9 S., R. 21 W., of the \n Gila and Salt River Base and Meridian, Yuma County, Arizona, \n lying South and East of the East Main Canal; except the south \n 33 feet thereof; except one-third interest in and to all \n mineral rights, as reserved in the deed recorded in Docket \n 1461, page 600, records of Yuma County, Arizona.\n (c) Lands to Be Made Part of the Reservation.--Land taken into \ntrust pursuant to subsection (a) shall be considered to be part of the \nTribe's initial reservation.\n (d) Service Area.--For the purposes of the delivery of Federal \nservices to enrolled members of the Tribe, the Tribe's service area \nshall be Yuma County, Arizona.\n (e) Gaming Prohibited.--Land taken into trust for the benefit of \nthe Tribe under this Act shall not be used for gaming under the Indian \nGaming Regulatory Act.\n\nSEC. 5. REGULATIONS.\n\n The Secretary may promulgate such regulations as may be necessary \nto carry out this Act.","summary":"Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Prohibits its use for gaming under the Indian Gaming Regulatory Act.","title":"To direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe, and for other purposes.","text_len":5222,"sum_len":452} {"bill_id":"107_hr3084","text":"ON THE BUDGET FOR \n FISCAL YEAR 2002\n\nSEC. 201. ADJUSTMENTS TO THE FISCAL YEAR 2002 BUDGET RESOLUTION.\n\n The concurrent resolution on the budget for fiscal year 2002 (H. \nCon. Res. 83, 107th Congress, 1st session) is amended as follows:\n (1) Section 101(2) (relating to total new budget authority) \n is amended to read as follows:\n ``Fiscal year 2002: $1,648,921,000,000.''.\n (2) Section 101(3) (relating to total budget outlays) is \n amended to read as follows:\n ``Fiscal year 2002: $1,611,036,000,000.''.\n (3) Section 101(4) (relating to the surplus) is amended to \n read as follows:\n ``Fiscal year 2002: $27,166,000,000.''.\n (4) Section 101(5) (relating to the public debt) is amended \n to read as follows:\n ``Fiscal year 2002: $5,738,007,000,000.''.\n (5) Section 101(6) (relating to debt held by the public) is \n amended to read as follows:\n ``Fiscal year 2002: $3,058,429,000,000.''.\n (6) Section 102(18) (relating to net interest (900)) is \n amended to read as follows:\n ``Fiscal Year 2002:\n ``(A) New budget authority, \n $262,639,000,000.\n ``(B) Outlays, $262,639,000,000.''.\n (7) Section 102(19) (relating to allowances (920)) is \n amended to read as follows:\n ``Fiscal Year 2002:\n ``(A) New budget authority, \n $15,948,000,000.\n ``(B) Outlays, $16,340,000,000.''.\n\nSEC. 202. ADDITIONAL REQUIREMENTS RESPECTING THE FISCAL YEAR 2002 \n BUDGET RESOLUTION.\n\n (a) Conforming Changes.--The chairman of the Committee on the \nBudget of the House of Representatives and the chairman of the \nCommittee on the Budget of the Senate shall each make necessary \nconforming changes for fiscal years 2003 through 2011 (as appropriate) \nin total new budget authority, total budget outlays, the surplus or \ndeficit, public debt, debt held by the public, net interest (900), and \nallowances (920), as set forth in the concurrent resolution on the \nbudget for fiscal year 2002. Such changed levels shall be deemed to be \nlevels set forth in the concurrent resolution on the budget for fiscal \nyear 2002 for all purposes under titles III and IV of the Congressional \nBudget Act of 1974.\n (b) Revised Section 302(a) Allocations for Fiscal Year 2002.--\n (1) It is the intent of this subsection that the section \n 302(a) allocations to the Committee on Appropriations of each \n House for fiscal year 2002 will be increased to \n $683,201,000,000 in new budget authority and $702,806,000,000 \n in outlays.\n (2) Upon the enactment of this Act, the chairman of the \n Committee on the Budget of the House of Representatives and the \n chairman of the Committee on the Budget of the Senate shall \n each make the appropriate adjustments in the section 302(a) \n allocations to the Committee on Appropriations of its House, as \n initially made by the explanatory joint statement of managers \n accompanying the conference report on the concurrent resolution \n on the budget for fiscal year 2002, to the extent necessary to \n carry out revisions and changes made by section 201.\n (c) Publication in the Congressional Record.--The chairman of the \nCommittee on the Budget of the House of Representatives and the \nchairman of the Committee on the Budget of the Senate shall each have \npublished in the Congressional Record the changes and revisions made \npursuant to subsections (a) and (b).\n (d) Appropriate Levels.--Section 221(d)(2) of the concurrent \nresolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th \nCongress, 1st session) is repealed.\n\n TITLE III--TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY \n DEFICIT CONTROL ACT OF 1985\n\nSEC. 301. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY \n DEFICIT CONTROL ACT OF 1985.\n\n Part C of the Balanced Budget and Emergency Deficit Control Act of \n1985 is amended as follows:\n (1) In section 250(a), strike ``GENERAL AND SPECIAL \n SEQUESTRATION RULES'' and insert ``General and special \n sequestration rules'' in the item related to section 256.\n (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of \n section 250(c)(4), insert ``subparagraph'' after ``described \n in'' each place it appears.\n (3) In section 250(c)(18), insert ``of'' after \n ``expenses''.\n (4) In section 251(b)(1)(A), strike ``committees'' the \n first place it appears and insert ``Committees''.\n (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and \n insert ``fiscal year''.\n (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' \n and insert ``fiscal year''.\n (7) In section 252(b)(2)(B), insert ``the'' before ``budget \n year''.\n (8) In section 251(c)(5), move subparagraph (A) 2 ems to \n the right.\n (9) In section 252(c)(1)(C), strike ``paragraph (1)'' and \n insert ``subsection (b)''.\n (10) Amend section 254(c)(3)(A) of the Balanced Budget and \n Emergency Deficit Control Act of 1985 to read as follows:\n ``(A) The amount of the sequestration, if any, \n calculated under section 252(b).''.\n (11) In section 254(f)(4), strike ``subsection'' and insert \n ``section'' and strike ``sequesterable'' and insert \n ``sequestrable''.\n (12) In section 255(g)(1)(B), move the item relating to the \n Railroad supplemental annuity pension fund 2 ems to the right.\n (13) In section 255(g)(2), insert ``and'' after the \n semicolon in the item relating to the Rail service assistance.\n (14) In section 255(h)--\n (A) strike ``and'' after the semicolon in the item \n relating to the Supplemental Security Income Program;\n (B) insert ``and'' after the semicolon in the item \n relating to the Special supplemental nutrition program \n for women, infants, and children; and\n (C) strike the semicolon at the end and insert a \n period.\n (15) In section 256(k)(1), strike ``paragraph (5)'' and \n insert ``paragraph (6)''.\n (16) In section 257(b)(2)(A)(i), strike ``differenes'' and \n insert ``differences''.\n (17) In section 258(a)(1), strike ``section 254(j)'' both \n places it appears and insert ``254(i)'', and in section \n 258(a)(2)(A), strike ``section 254(j)'' and insert ``254(i)''.\n (18) In section 258B(c), strike ``paragraph'' each place it \n appears and insert ``section''.\n (19) In section 258B(d), strike ``paragraph'' and insert \n ``section''.\n\n\n\n\n ","summary":"Interim Budget Control and Enforcement Act of 2001 - Title I: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase discretionary spending limits for FY 2002. Requires the President's FY 2003 budget submission to identify emergency-designated funding which was enacted in response to the events of September 11,2001, and is ongoing and recurring in nature. Title II: Adjustments to the Concurrent Resolution on the Budget for Fiscal Year 2002 - Adjusts figures within the concurrent resolution on the budget for FY 2002 with regard to: (1) total new budget authority, (2) total budget outlays, (3) the surplus, (4) the public debt, (5) net interest. And (6) allowances. Requires the chairmen of the budget committees of each House to: (1) make the necessary conforming changes for FY 2003 through 2011 in each of such areas. And (2) make appropriate adjustments in the allocations to their respective Committees on Appropriations. Title III: Technical Corrections to the Balanced Budget and Emergency Deficit Control Act of 1985 - Makes technical corrections in the Balanced Budget and Emergency Deficit Control Act of 1985.","title":"To revise the discretionary spending limits for fiscal year 2002 set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 and to make conforming changes respecting the appropriate section 302(a) allocation for fiscal year 2002 established pursuant to the concurrent resolution on the budget for fiscal year 2002, and for other purposes.","text_len":7297,"sum_len":1229} {"bill_id":"110_s1600","text":"SECTION 1. ENERGY-RELATED RESEARCH AND DEVELOPMENT.\n\n (a) Findings.--Congress finds that--\n (1) information and opinions provided by individuals and \n entities of the academic and industrial sectors should be an \n important consideration with respect to energy-related research \n and development activities carried out by the Federal \n Government;\n (2) in carrying out energy-related research and development \n activities, the Federal Government should regularly seek input \n from multiple sources, including the industrial sector, \n academia, and other relevant sectors;\n (3) research is better focused around well-defined problems \n that need to be resolved;\n (4) a number of potential problems to be resolved are \n likely to require input from a diverse selection of \n technologies and contributing sectors;\n (5) sharing of information relating to energy research and \n development is important to the development and innovation of \n energy technologies;\n (6) necessary intellectual property protection can lead to \n delays in sharing valuable information that could aid in \n resolving major energy-related problems;\n (7) the Federal Government should facilitate the sharing of \n information from a diverse array of industries by ensuring the \n protection of intellectual property while simultaneously \n creating an environment of openness and cooperation; and\n (8) the Federal Government should revise the methods of the \n Federal Government regarding energy-related research and \n development to encourage faster development and implementation \n of energy technologies.\n (b) Definitions.--In this section:\n (1) Network.--The term ``network'' means the Energy \n Technologies Innovation Network established by subsection \n (d)(1).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (3) Survey.--The term ``survey'' means a survey conducted \n pursuant to subsection (c).\n (c) Energy-Related Research and Development Priorities.--\n (1) In general.--Not less frequently than once every 5 \n years, the Secretary shall conduct a survey in accordance with \n this subsection to determine the 10 highest-priority energy-\n related problems to resolve to ensure the goals of--\n (A) maximizing the energy security of the United \n States;\n (B) maximizing improvements in energy efficiency \n within the United States; and\n (C) minimizing damage to the economy and the \n environment of the United States.\n (2) Survey.--\n (A) In general.--Each survey shall contain a \n request that the respondent shall list, in descending \n order of priority, the 10 highest-priority energy-\n related problems that, in the opinion of the \n respondent, require resolution as quickly as \n practicable to ensure the goals described in paragraph \n (1).\n (B) Announcement.--The Secretary shall announce the \n existence of each survey by--\n (i) publishing an announcement in the \n Federal Register; and\n (ii) placing an announcement in a prominent \n position on the homepage of the website of the \n Department of the Energy.\n (C) Availability.--The Secretary shall ensure that \n each survey is made available--\n (i) in an electronic format only through a \n link on the Department of Energy website;\n (ii) for a period of not less than 21 days \n and not more than 30 days; and\n (iii) to any individual or entity that \n elects to participate.\n (D) Additional information gathering.--Each \n survey--\n (i) shall require each respondent to \n provide information regarding--\n (I) the age of the respondent;\n (II) the occupational category of \n the respondent;\n (III) the period of time during \n which the respondent has held the \n current occupation of the respondent; \n and\n (IV) the State and country in which \n the respondent resides; and\n (ii) may request, but shall not require--\n (I) the name of the respondent;\n (II) an identification of the \n employer of the respondent;\n (III) the electronic mail address \n of the respondent; and\n (IV) such other information as the \n Secretary determines to be appropriate.\n (E) Respondents.--The Secretary shall seek \n responses to a survey from appropriate representatives \n of--\n (i) the energy, transportation, \n manufacturing, construction, mining, and \n electronic industries;\n (ii) academia;\n (iii) research facilities;\n (iv) nongovernmental organizations;\n (v) the Federal Government; and\n (vi) units of State and local government.\n (F) Nonpolitical requirement.--The Secretary shall \n ensure that each survey is conducted, to the maximum \n extent practicable--\n (i) in a transparent, nonpolitical, and \n scientific manner; and\n (ii) without any political bias.\n (G) Report.--Not later than 180 days after the date \n on which a survey under this subsection is no longer \n available under subparagraph (C)(ii), the Secretary \n shall submit to Congress and make available to the \n public (including through publication in the Federal \n Register and on the website of the Department of \n Energy) a report that--\n (i) describes the results of the survey; \n and\n (ii) includes a list of the 10 highest-\n priority energy-related problems based on all \n responses to the survey.\n (3) Effect of results on energy-related research and \n development.--\n (A) In general.--Subject to subparagraph (B), on \n receipt of a report under paragraph (2)(G), the \n Secretary shall ensure that, during the 5-year period \n beginning on the date of receipt of the report, all \n energy-related research and development activities of \n the Department of Energy are carried out for the \n purpose of resolving, to the maximum extent \n practicable, the 10 problems included on the list of \n the report under paragraph (2)(G)(ii).\n (B) Additional problems.--In addition to the \n activities described in subparagraph (A), during the 5-\n year period beginning on the date of receipt of a \n report under paragraph (2)(G), the Secretary may carry \n out, using the same quantity of resources as are \n allocated to any 1 energy-related problem included on \n the list of the report under paragraph (2)(G)(ii), \n energy-related research and development activities for \n the purpose of resolving, to the maximum extent \n practicable, 2 additional energy-related problems \n that--\n (i) are not included on the list; and\n (ii) are high-priority energy-related \n problems, as determined by the Secretary.\n (d) Energy Technologies Innovation Network.--\n (1) Establishment.--There is established an information and \n collaboration network, to be known as the ``Energy Technologies \n Innovation Network''.\n (2) Purpose.--The purpose of the network shall be to \n provide a forum through which interested parties (including \n scientists and entrepreneurs) can present, discuss, and \n collaborate with respect to information and ideas relating to \n energy technologies.\n (3) Operation of network.--\n (A) In general.--The Secretary shall offer to enter \n into a contract, after an open bidding process, with a \n third party to operate the network.\n (B) Requirements.--The third party selected under \n subparagraph (A) shall--\n (i) have experience with respect to the \n establishment and maintenance of a \n comprehensive database of Federal research and \n development projects that is--\n (I) easily searchable;\n (II) open to the public; and\n (III) capable of expansion;\n (ii) provide a secure electronic forum to \n enable collaboration among users of the \n network; and\n (iii) collaborate with the Secretary to \n protect the intellectual property rights of \n individual users and governmental agencies \n participating in the network in accordance with \n paragraph (6).\n (4) Required contributors.--Each research laboratory or \n other facility that receives Federal funding shall provide to \n the network the results of the research conducted using that \n funding, regardless of whether the research relates to energy, \n subject to the condition that revelation of the research will \n not adversely effect national security.\n (5) Other contributors.--Other entities, including entities \n in the academic and industrial sectors and individuals, may \n participate in the network to actively contribute to \n resolving--\n (A) the energy-related problems included on the \n list of the report under subsection (c)(2)(G)(ii); or\n (B) any other energy-related problem that the \n contributor determines would advance the goals \n described in subsection (c)(1).\n (6) Protection of information and ideas.--In collaborating \n with a third party in operating the network under paragraph \n (3), the Secretary shall employ such individuals and entities \n with experience relating to--\n (A) intellectual property as the Secretary \n determines to be necessary to ensure that--\n (i) information and ideas presented, and \n discussed in the network are--\n (I) monitored with respect to the \n intellectual property owners and \n components of the information or ideas; \n and\n (II) protected in accordance with \n applicable Federal intellectual \n property law (including regulations);\n (ii) information and ideas developed within \n the network are--\n (I) monitored with respect to the \n intellectual property components of the \n developers of the information or ideas; \n and\n (II) protected in accordance with \n applicable Federal intellectual \n property law (including regulations); \n and\n (iii) contributors to the network are \n provided adequate assurances that intellectual \n property rights of the contributors will be \n protected with respect to participation in the \n network;\n (B) setting up, maintaining, and operating a \n network that ensures security and reliability.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.","summary":"Directs the Secretary of Energy to conduct a survey every five years to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of: (1) maximizing US energy security, (2) maximizing improvements in energy efficiency within the United States. And (3) minimizing damage to the domestic economy and the environment. Instructs the Secretary to: (1) report to Congress the survey results, including a list of the 10 highest-priority energy-related problems based on survey responses. And (2) ensure that, during the five year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy (DOE) are implemented for the purpose of resolving the problems listed. Establishes the Energy Technologies Innovation Network to provide a forum through which interested parties can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. Requires each research facility that receives federal funding to provide to the Network the results of the research conducted using that funding, regardless of whether the research relates to energy.","title":"A bill to establish an energy technologies innovation network, and for other purposes.","text_len":13741,"sum_len":1179} {"bill_id":"111_s3055","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Green Communities Act of 2009''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Landscaping adds to the economic value and sales appeal \n of commercial real estate and increases office occupancy rates.\n (2) Greening can change people's perceptions of their \n neighborhoods, reduce violence and crime, and increase \n neighborhood stability.\n (3) Planting new trees, improving streetscapes, and \n cleaning vacant lots increases property values.\n (4) People will stay longer and shop more in shopping \n districts that are well landscaped.\n (5) Improvements to neighborhood parks increase the value \n of single-family homes in the surrounding community.\n (6) Homes adjacent to vacant lots that are greened have a \n much higher property value than homes adjacent to vacant lots \n that have not been greened.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To promote investment in greening projects and programs \n as effective economic development tools.\n (2) To connect urban economic development initiatives with \n environmental initiatives.\n (3) To improve quality of life for city residents.\n (4) To encourage public-private partnerships.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Community greening initiative.--The term ``community \n greening initiative'' means a program that increases economic \n development by improving the environment. A community greening \n initiative may include the following:\n (A) Revitalizing municipal parks and public spaces.\n (B) Landscaping community gateways and key \n corridors.\n (C) Tree plantings and urban forestry projects.\n (D) Comprehensive planning for open space \n preservation.\n (E) Education, training, and volunteer management \n concerning community green initiatives.\n (F) Green roof construction.\n (G) Green stormwater infrastructure.\n (H) Vacant lot management.\n (2) Green roof.--The term ``green roof'' means a roof \n consisting of vegetation and soil or a growing medium planted \n over a waterproofing membrane.\n (3) Green stormwater infrastructure.--The term ``green \n stormwater infrastructure'' means systems and practices that \n use or mimic natural processes to infiltrate, evapotranspirate, \n or reuse stormwater on the site where it occurs rather than \n transporting the water to a stream or treatment facility.\n (4) Nonprofit organization.--The term ``nonprofit \n organization'' means an organization that is described in \n section 501(c)(3) of the Internal Revenue Code of 1986 and \n exempt from tax under section 501(a) of such Code.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (6) Urban forestry.--The term ``urban forestry'' means an \n integrated citywide or neighborhood-wide approach to the \n planting, care, and management of trees in the city or the \n neighborhood in order to ensure environmental and social \n benefits for residents.\n\nSEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES.\n\n (a) Grants.--\n (1) In general.--To the extent that funds are available, \n the Secretary shall, acting through the Assistant Secretary of \n Commerce for Economic Development, award grants to eligible \n municipalities to carry out community greening initiatives.\n (2) Grant amount.--The Secretary may not award a grant \n under this section in an amount that exceeds $2,000,000.\n (b) Eligible Municipalities.--For purposes of this section, an \neligible municipality is any municipality that meets--\n (1) the criteria described by section 209(b) of the Public \n Works and Economic Development Act of 1965 (42 U.S.C. 3149(b)); \n and\n (2) the circumstances described by section 209(c) of such \n Act (42 U.S.C. 3149(c)).\n (c) Selection of Grant Recipients.--\n (1) Application.--An eligible municipality seeking a grant \n under this section for a community greening initiative shall \n submit to the Secretary an application therefor in such form \n and in such manner as the Secretary considers appropriate.\n (2) Selection.--The Secretary shall, in consultation with \n the nonprofit organizations that receive a grant or enter into \n a contract with the Secretary under section 5(a), select to \n receive grants under this section 80 eligible municipalities \n that have successfully developed and planned a community \n greening initiative, as determined by the Secretary.\n (3) Limitation.--The Secretary may not award a grant under \n this section to an eligible municipality for a community \n greening initiative that the Secretary determines will require \n more than 2 years to complete.\n (d) Use of Grant Funds.--Each eligible municipality receiving a \ngrant under this section shall, with technical assistance and training \nprovided under section 5(c), use the grant to carry out the community \ngreening initiative for which the grant is received.\n (e) Matching Requirement.--An eligible municipality seeking a grant \nunder this section for a community greening initiative shall agree to \nmake available non-Federal funds to carry out the community greening \ninitiative in an amount equal to not less than 50 percent of the grant \nawarded to such eligible municipality under this section.\n (f) Report.--Not later than 60 days after an eligible municipality \nthat receives a grant under this section for a community greening \ninitiative completes such initiative, the eligible nonprofit \norganization that assisted such municipality with such initiative under \nsubsection (d) shall submit to the Secretary a report assessing the \nimplementation of such initiative.\n\nSEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES.\n\n (a) Grants or Contracts.--\n (1) In general.--To the extent that funds are available, \n the Secretary shall award grants to, or enter into contracts \n with, 5 eligible nonprofit organizations to provide technical \n assistance and training to municipalities that receive grants \n under section 4.\n (2) Duration.--A grant or contract under paragraph (1) \n shall be for a period of 5 years.\n (b) Eligible Nonprofit Organization.--For purposes of this section, \nan eligible nonprofit organization is any nonprofit organization that \nhas experience with the following:\n (1) Planning and implementing projects concerning urban \n open space, landscape management, and community greening \n initiatives.\n (2) Land and water conservation.\n (3) Working with communities.\n (4) Forming partnerships or regional consortiums.\n (5) Urban ecology.\n (6) Such other experience as the Secretary considers \n appropriate.\n (c) Technical Assistance and Training.--\n (1) In general.--Each eligible nonprofit organization \n receiving a grant or entering into a contract under subsection \n (a) shall provide technical assistance and training to \n municipalities receiving grants under section 4 to assist such \n municipalities in carrying out the community greening \n initiatives for which such grants were awarded.\n (2) Activities.--Technical assistance and training under \n paragraph (1) may include the following:\n (A) Developing, planning, implementing, and \n assessing community greening initiatives.\n (B) Developing and implementing training and \n workshops for municipal agencies and local partners.\n (C) Evaluating a community greening initiative.\n (d) Report.--Not later than 90 days after the end of each fiscal \nyear for which amounts are made available for grants under this \nsection, the Secretary shall submit to Congress a report on the \ntechnical assistance and training provided under this section. Each \nreport shall describe the actions taken by the Secretary to ensure that \ntechnical assistance and training provided under this section is \nresponsive to the needs of municipalities that receive grants under \nsection 4.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act--\n (1) $30,000,000 for each of fiscal years 2010, 2013, and \n 2014; and\n (2) $90,000,000 for each of fiscal years 2011 and 2012.\n (b) Reservation of Funds.--\n (1) Grants for community greening initiatives.--Not less \n than 66 percent of the amounts made available to carry out this \n Act for each of fiscal years 2011 and 2012 shall be made \n available for the awarding of grants under section 4.\n (2) Technical assistance and training.--Of the amounts made \n available to carry out this Act, amounts shall be made \n available for technical assistance and training under section 5 \n as follows:\n (A) For each of fiscal years 2010, 2013, and 2014, \n 85 percent of such amounts.\n (B) For each of fiscal years 2011 and 2013, 28 \n percent of such amounts.\n (c) Availability.--Funds made available under this Act shall remain \navailable until expended.","summary":"Green Communities Act of 2009 sic - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces, (2) landscaping community gateways and key corridors, (3) tree plantings and urban forestry projects, (4) comprehensive planning for open space preservation, (5) education, training, and volunteer management concerning community green initiatives, (6) green roof construction, (7) green stormwater infrastructure. And (8) vacant lot management. Defines an eligible municipality as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965. Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50 of the grant awarded. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants.","title":"A bill to require the Secretary of Commerce to award grants to municipalities to carry out community greening initiatives, and for other purposes.","text_len":9982,"sum_len":1358} {"bill_id":"104_hr3239","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Counsel Accountability \nand Reform Act of 1996''.\n\nSEC. 2. BASIS FOR INVESTIGATION.\n\n (a) Preliminary Investigation.--Section 591 of title 28, United \nStates Code, is amended--\n (1) in subsection (a)--\n (A) by striking ``information'' and inserting \n ``specific information from a credible source that \n is''; and\n (B) by striking ``may have'' and inserting ``has''; \n and\n (2) in subsection (c)(1)--\n (A) by striking ``information'' and inserting \n ``specific information from a credible source that \n is''; and\n (B) by striking ``may have'' and inserting ``has''.\n (b) Further Investigation.--Section 592(c)(2) of title 28, United \nStates Code, is amended by striking ``information'' and inserting \n``specific information from a credible source that is''.\n\nSEC. 3. SUBPOENA POWER.\n\n Section 592(a)(2) of title 28, United States Code, is amended by \nstriking ``grant immunity, or issue subpoenas'' and inserting ``or \ngrant immunity, but may issue subpoenas duces tecum''.\n\nSEC. 4. AUTHORITY OF ATTORNEY GENERAL.\n\n Section 592(a)(2) of title 28, United States Code, is amended by \nstriking subparagraph (B), by striking ``(A)'', and by running the text \nof subparagraph (A) into the paragraph heading.\n\nSEC. 5. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL.\n\n (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United \nStates Code, is amended--\n (1) in paragraph (1)--\n (A) by striking ``define'' and inserting ``, with \n specificity, define''; and\n (B) by adding at the end the following: ``Such \n jurisdiction shall be limited to the alleged violations \n of criminal law with respect to which the Attorney \n General has requested the appointment of the \n independent counsel and matters directly related to \n such criminal violations.''; and\n (2) by amending paragraph (3) to read as follows:\n ``(3) Scope of prosecutorial jurisdiction.--In defining the \n independent counsel's prosecutorial jurisdiction, the division \n of the court shall assure that the independent counsel has \n adequate authority to fully investigate and prosecute the \n alleged violations of criminal law with respect to which the \n Attorney General has requested the appointment of the \n independent counsel and matters directly related to such \n criminal violations, including perjury, obstruction of justice, \n destruction of evidence, and intimidation of witnesses.''.\n (b) Conforming Amendment.--Section 592(d) of title 28, United \nStates Code, is amended by striking ``subject matter and all matters \nrelated to that subject matter'' and inserting ``the alleged violations \nof criminal law with respect to which the application is made and \nmatters directly related to such criminal violations''.\n\nSEC. 6. ATTORNEYS' FEES.\n\n Section 593(f) of title 28, United States Code, is amended--\n (1) in the first sentence of paragraph (1)--\n (A) by striking ``the court may'' and inserting \n ``the court shall'';\n (B) by inserting after ``pursuant to that \n investigation,'' the following: ``if such individual is \n acquitted of all charges, or no conviction is obtained \n against such individual, at a trial brought pursuant to \n that investigation, or if the conviction of such \n individual at such a trial is overturned on appeal,''; \n and\n (C) by inserting ``, trial, and appeal (if any)'' \n after ``during that investigation''; and\n (2) by striking paragraph (2) and striking ``(1) Award of \n fees.--'' and running the matter in paragraph (1) into the \n subsection heading.\n\nSEC. 7. ADMINISTRATIVE SUPPORT.\n\n (a) Administrator of General Services.--Section 594(l)(2) of title \n28, United States Code, is amended--\n (1) by striking ``Director of the Administrative Office of \n the United States Courts'' and inserting ``Administrator of \n General Services''; and\n (2) by striking ``Administrative Office of the United \n States Courts'' and inserting ``General Services \n Administration''.\n (b) Office Space.--Section 594(l)(3) of title 28, United States \nCode, is amended to read as follows:\n ``(3) Office space.--The Administrator of General Services \n shall promptly provide appropriate office space for each \n independent counsel. Such office space shall be within a \n Federal building unless the Administrator of General Services \n determines that other arrangements would cost less.''.\n\nSEC. 8. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.\n\n (a) Compliance With Policies of the Department of Justice.--Section \n594(f) of title 28, United States Code, is amended by striking \n``enforcement of the criminal laws'' and inserting ``the enforcement of \ncriminal laws and the release of information relating to criminal \nproceedings''.\n (b) Limitation on Expenditures.--Section 594 of title 28, United \nStates Code is amended by adding at the end the following:\n ``(m) Limitation on Expenditures.--No funds may be expended for the \noperation of any office of independent counsel after the end of the 2-\nyear period after its establishment, except to the extent that an \nappropriations Act enacted after such establishment specifically makes \navailable funds for such office for use after the end of that 2-year \nperiod.''.\n\nSEC. 9. TREATMENT OF CLASSIFIED INFORMATION.\n\n Section 594(a) of title 28, United States Code, is amended by \nadding at the end the following: ``An independent counsel appointed \nunder this chapter who gains access to classified information shall \nfollow all procedures established by the United States Government \nregarding the maintenance, use, and disclosure of such information. The \nfailure to follow such procedures shall be grounds for removal for good \ncause under section 596(a)(1), in addition to any penalty provided in \nsection 798 of title 18 or any other law that may apply.''.\n\nSEC. 10. OUTSIDE LEGAL WORK.\n\n Section 594(j)(1) of title 28, United States Code, is amended by \ninserting before the period the following: ``and any such independent \ncounsel may not during such period engage in any legal work which is \nadditional to the legal work the counsel is engaged in as such a \ncounsel''.\n\nSEC. 11. ELIMINATION OF REPORTS.\n\n (a) Section 594.--Section 594(h) of title 28, United States Code, \nis amended--\n (1) by striking subparagraph (B) of paragraph (1), by \n striking the dash, and by striking ``(A)'' and running the text \n of subparagraph (A) after ``shall'';\n (2) by striking everything after the first sentence in \n paragraph (2); and\n (3) by striking paragraph (3).\n (b) Section 595.--Section 595(a) of title 28, United States Code, \nis amended--\n (1) by striking paragraph (2); and\n (2) by striking the heading for paragraph (1) and running \n the text of such paragraph into the heading for subsection (a).\n (c) Section 596.--Section 596(b) of title 28, United States Code, \nis amended--\n (1) in paragraph (1), by striking subparagraph (B) of \n paragraph (1), by striking the dash, and by striking ``(A)'' \n and running the text of subparagraph (A) after ``when''; and\n (2) in paragraph (2), by striking the second sentence.\n\nSEC. 12. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF \n INDEPENDENT COUNSEL.\n\n (a) Grounds for Removal.--Section 596(a)(1) of title 28, United \nStates Code, is amended by adding at the end the following: ``Failure \nof the independent counsel to comply with--\n ``(A) the established policies of the Department of \n Justice as required by section 594(f), and\n ``(C) section 594(j),\n may be grounds for removing that independent counsel from \n office for good cause under this subsection.''.\n (b) Termination.--Section 596(b)(2) of title 28, United States \nCode, is amended to read as follows:\n ``(2) Termination by division of the court.--The division \n of the court may terminate an office of independent counsel at \n any time--\n ``(A) on its own motion, or\n ``(B) upon the request of the Attorney General,\n on the ground that the investigation conducted by the \n independent counsel has been completed or substantially \n completed and that it would be appropriate for the Department \n of Justice to complete such investigation or to conduct any \n prosecution brought pursuant to such investigation, or on the \n ground that continuation of the investigation or prosecution \n conducted by the independent counsel is not in the public \n interest.''.\n (c) Quarterly Expenditures.--\n (1) Amendment.--Section 596(c) of title 28, United States \n Code, is amended by adding at the end the following:\n ``(3) On or before the end of March 31, June 30, September 30, and \nDecember 31 of each year, an independent counsel shall report to the \ncommittees listed in paragraph (2)(B) the aggregate amount expended in \nthe previous quarter. The requirement to report such amount shall not \nbe construed to require a disclosure of the investigation for which \nsuch amount was expended.''.\n (2) Effective date.--The amendment made by paragraph (1), \n shall take effect at the end of the 1st quarter beginning after \n the date of the enactment of this Act.\n (d) Periodic Reappointment.--Section 596 of title 28, United States \nCode, is amended by adding at the end the following:\n ``(d) Periodic Reappointment of Independent Counsel.--If an office \nof independent counsel has not terminated before--\n ``(1) the date that is 2 years after the original \n appointment to that office, or\n ``(2) the end of each succeeding 2-year period,\nsuch counsel shall apply to the division of the court for \nreappointment. The court shall first determine whether the office of \nthat independent counsel should be terminated under subsection (b)(2). \nIf the court determines that such office will not be terminated under \nsuch subsection, the court shall reappoint the applicant if the court \ndetermines that such applicant remains the appropriate person to carry \nout the duties of the office. If not, the court shall appoint some \nother person whom it considers qualified under the standards set forth \nin section 593 of this title. If the court has not taken the actions \nrequired by this subsection within 90 days after the end of the \napplicable 2-year period, then that office of independent counsel shall \nterminate at the end of that 90-day period.''.\n\nSEC. 13. TRAVEL EXPENSE REIMBURSEMENTS.\n\n (a) In General.--Section 594(b)(3)(A) of title 28, United States \nCode, is amended in the second sentence by--\n (1) striking ``by 6 months'' and inserting ``for successive \n 6-month periods''; and\n (2) inserting ``on each occasion'' after ``certifies''.\n (b) Effective Date.--The amendments made by this section shall \napply to independent counsels and their appointees effective on or \nafter December 31, 1995.\n\nSEC. 14. EFFECTIVE DATE.\n\n Except as provided in section 13, the amendments made by this Act \nshall not apply with respect to any investigation which is pending \nbefore the independent counsel on the date of enactment of this Act.","summary":"Independent Counsel Accountability and Reform Act of 1996 - Amends the Federal judicial code to require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the independent counsel statute has violated specified criminal laws. Authorizes the Attorney General (AG) to issue subpoenas duces tecum in conducting preliminary investigations. Repeals provisions authorizing the AG to make certain determinations during such preliminary investigations. Requires the division of the court that appoints an independent counsel (IC) to: (1) define with specificity the IC's prosecutorial jurisdiction. And (2) assure that the IC has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the AG has requested the appointment as well as matters directly related to such criminal violations. Requires such court division to award attorney's fees when an individual is acquitted of all charges or no conviction is obtained against such individual, or when a conviction at a trial is overturned on appeal. Requires the Administrator of General Services to provide appropriate administrative support to ICs under the Act, including the provision of adequate office space. Requires an IC to: (1) comply with Department of Justice policies concerning the release of information relating to criminal proceedings. (2) limit office expenditures to a two-year period, unless an appropriations Act specifically makes funds available for such expenditures after the end of such period. (3) follow US Government procedures regarding the treatment of classified information. And (4) refrain from engaging in outside legal work during the period of appointment as an IC. Eliminates certain IC reporting requirements. Revises provisions concerning the removal, termination, and periodic reappointment of an IC. Requires quarterly reports to specified congressional committees on aggregate amounts expended by an IC in the previous quarter. Provides travel expense reimbursements for successive six-month periods during the period of appointment as an IC.","title":"Independent Counsel Accountability and Reform Act of 1996","text_len":12047,"sum_len":2154} {"bill_id":"106_s1610","text":"SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR \n FISCAL YEAR 2000 FOR DISASTER RELIEF FOR THE VICTIMS OF \n HURRICANE FLOYD.\n\n (a) Findings.--Congress finds that--\n (1) between August 29 and September 9, 1999, Hurricane \n Dennis hovered off the coast of North Carolina and eventually \n made landfall off Cape Hatteras;\n (2) Hurricane Dennis brought 20 inches of rain to portions \n of North Carolina, wiped out significant portions of the \n highway network on the North Carolina Outer Banks, and flooded \n homes and businesses;\n (3) Hurricane Dennis caused millions of dollars in damage \n to houses, businesses, farms, fishermen, roads, beaches and \n protective dunes;\n (4) between September 14 and 16, 1999, Hurricane Floyd \n menaced most of the southeastern seaboard of the United States, \n provoking the largest peace time evacuation of eastern Florida, \n the Georgia coast, the South Carolina coast, and the North \n Carolina Coast;\n (5) on September 16, 1999, in the early morning hours, \n Hurricane Floyd made landfall at the Cape Fear River, dumping \n up to 18 inches of rain on sections of North Carolina only days \n after the heavy rainfall from Hurricane Dennis;\n (6) the result of the landfall of Hurricane Floyd was the \n worst recorded flooding in the history of North Carolina;\n (7) after making landfall, Hurricane Floyd continued to \n move up the eastern seaboard, causing flooding and tornadoes in \n Virginia, Maryland, Pennsylvania, New Jersey, New York and \n Connecticut;\n (8) Hurricane Floyd is responsible for the known deaths of \n 54 people, 35 of whom were confirmed dead in North Carolina, 3 \n in New Jersey, 2 in New York, 6 in Pennsylvania, 4 in Virginia, \n 2 in Delaware, 1 in Vermont, and 1 in Connecticut, with many \n people still missing;\n (9) as the flood waters recede, the death toll from \n Hurricane Floyd is expected to grow;\n (10) farmers and fishermen have been among the most \n drastically affected by Hurricane Floyd;\n (11) in North Carolina alone, the agricultural loss \n estimates are already $1,300,000,000, and are likely to rise \n far higher;\n (12) North Carolina is the third most agriculturally \n diverse State in the country, producing, among other products, \n tobacco, cotton, peanuts, soybeans, corn, sweet potatoes, \n livestock, dairy, and produce;\n (13) last year in North Carolina, the total commodities \n sold from the State topped $7 billion, and in Virginia they \n generated $2.4 billion in cash receipts;\n (14) in North Carolina, more than 100,000 hogs have \n drowned, and more than 3,000,000 poultry have been killed by \n the flooding;\n (15) an estimated 120,000,000 gallons of hog waste have \n spilled into the environment, polluting rivers and ground \n water, and dozens of waste lagoons have been destroyed or \n flooded;\n (16) millions of other animals in North Carolina are in \n danger of starving to death, trapped in areas where it is \n impossible to deliver feed;\n (17) 80 percent of the North Carolina cotton crop, 25 \n percent of the Virginia cotton crop, 75 to 80 percent of the \n soybean crop, and 75 to 80 percent of the peanut crop \n (including 25 percent of the Virginia peanut crop) are expected \n to be lost;\n (18) the North Carolina sweet potato crop may be a complete \n loss;\n (19) seed crops in the area have been almost completely \n destroyed;\n (20) farming equipment throughout the area has been \n destroyed;\n (21) debris cleanup in affected areas will be overwhelming, \n and the possibility of soil contamination will have to be \n assessed on farms across the State; and\n (22) hundreds of fishermen have lost their boats as a \n result of the force of Hurricane Floyd and Hurricane Dennis.\n (b) Authorization of Appropriations.--\n (1) Agriculture.--There is authorized to be appropriated \n for the Department of Agriculture for fiscal year 2000, \n $3,000,000,000, to remain available until expended, for \n expenses of the Department relating to the provision of \n disaster relief for agricultural producers affected by \n Hurricane Floyd and for other Hurricane Floyd-related relief \n under--\n (A) the flooded land reserve program, in accordance \n with section 1124 of the Agriculture, Rural \n Development, Food and Drug Administration, and Related \n Agencies Appropriations Act, 1998 (Public Law 105-277; \n 7 U.S.C. 1421 note);\n (B) the Wetlands Reserve Program, authorized by \n subchapter C of chapter 1 of subtitle D of title XII of \n the Food Security Act of 1985 (16 U.S.C. 3837);\n (C) the Environmental Quality Incentives Program \n under chapter 4 of subtitle D of the Food Security Act \n of 1985 (16 U.S.C. 3839aa et seq.);\n (D) the Emergency Conservation Program under title \n IV of the Agricultural Credit Act of 1978 (16 U.S.C. \n 2201 et seq.);\n (E) the rural housing insurance fund under section \n 502 of the Housing Act of 1949 (42 U.S.C. 1487);\n (F) the program to provide low income housing \n repair grants under section 504 of the Housing Act of \n 1949 (42 U.S.C. 1474); and\n (G) any other program that provides appropriate \n disaster relief, as determined by the Secretary of \n Agriculture.\n (2) Commerce.--There is authorized to be appropriated for \n the Department of Commerce for fiscal year 2000, $50,000,000 \n for expenses of the Department of Commerce to provide emergency \n disaster assistance to persons or entities that have incurred \n losses from a commercial fishery failure described in 308(b)(1) \n of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. \n 4107(b)) and due to Hurricane Floyd, to remain available until \n expended.\n (3) FEMA.--There is authorized to be appropriated for the \n Federal Emergency Management Agency for fiscal year 2000, \n $250,000,000 for emergency expenses resulting from Hurricane \n Floyd, to remain available until expended.\n (c) Construction.--The amounts authorized to be appropriated by \nsubsection (b) are in addition to any other amounts authorized to be \nappropriated for the Department of Agriculture, the Department of \nCommerce or the Federal Emergency Management Agency for fiscal year \n2000 for the expenses described in that subsection.\n (d) Designation As Emergency Spending.--The appropriation of any \namount under an authorization of appropriations in subsection (b) shall \nbe--\n (1) designated as emergency spending in accordance with \n section 251(b)(2)(A) of the Balanced Budget and Emergency \n Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and\n (2) made available on an emergency basis.","summary":"Authorizes appropriations for: (1) the Department of Commerce for FY 2000 for expenses of providing emergency disaster assistance to persons or entities that have incurred losses from a commercial fishery failure due to Hurricane Floyd. And (2) the Federal Emergency Management Agency for FY 2000 for emergency expenses resulting from Hurricane Floyd. Provides that the appropriation of any amount authorized under this Act shall be: (1) designated as emergency spending in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985, and (2) made available on an emergency basis.","title":"A bill to authorize additional emergency disaster relief for victims of Hurricane Dennis and Hurricane Floyd.","text_len":7628,"sum_len":598} {"bill_id":"105_s2399","text":"SECTION 1. TEMPORARY DUTY SUSPENSIONS ON CERTAIN HIV DRUG SUBSTANCES.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new headings:\n\n \n\n`` 9902.32.14 (S)-N-tert-butyl- \n 1,2,3,4- \n tetrahydro-3- \n isoquinoline \n carboxamide \n (CAS No. 149182- \n 72-9)(provided \n for in \n subheading \n 2933.40.60).... Free No change No change On or before 6\/ \n 30\/99 \n 9902.32.16 (S)-N-tert-butyl- \n 1,2,3,4- \n tetrahydro-3- \n isoquinoline \n carboxamide \n hydrochloride \n salt (CAS No. \n 149057-17-0)(pr \n ovided for in \n subheading \n 2933.40.60).... Free No change No change On or before 6\/ \n 30\/99 \n 9902.32.18 (S)-N-tert-butyl- \n 1,2,3,4- \n tetrahydro-3- \n isoquinoline \n carboxamide \n sulfate salt \n (CAS No. 186537- \n 30-4)(provided \n for in \n subheading \n 2933.40.60).... Free No change No change On or before 6\/ \n 30\/99 \n 9902.32.20 (3S)-1,2,3,4- \n tetrahydroisoqu \n inoline-3- \n carboxylic acid \n (CAS No. 74163- \n 81-8)(provided \n for in \n subheading \n 2933.40.60).... Free No change No change On or before 6\/ \n 30\/99 \n ''\n\n (b) Effective Date.--The amendment made by subsection (a) applies \nwith respect to goods entered, or withdrawn from warehouse for \nconsumption, on or after the date that is 15 days after the date of \nenactment of this Act.","summary":"Amends the Harmonized Tariff Schedule of the United States to suspend, through June 30, 1999, the duty on certain drug substances used as HIV antiviral drugs: (1) (S)-N-tert-butyl-1,2,3,4-tetrahydro- 3-isoquinoline carboxamide, (2) (S)-N-tert-butyl-1,2,3,4-tetrahydro-3- isoquinoline carboxamide hydrochloride salt, (3) (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3-isoquinoline carboxamide sulfate salt, and (4) (3S)-1,2,3,4-tetrahydroisoquinoline-3-carboxylic acid.","title":"A bill to suspend temporarily the duty on certain drug substances used as an HIV antiviral drug.","text_len":5685,"sum_len":461} {"bill_id":"108_hr4207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fairness for Working Americans Act \nof 2004''.\n\nSEC. 2. INCREASE IN REFUNDABILITY OF THE CHILD TAX CREDIT.\n\n (a) Acceleration of Refundability.--Clause (i) of section \n24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion \nof credit refundable) is amended by striking ``(10 percent in the case \nof taxable years beginning before January 1, 2005)''.\n (b) Earned Income Includes Combat Pay.--Paragraph (1) of section \n24(d) of such Code is amended by adding at the end the following new \nsentence: ``For purposes of subparagraph (B), any amount excluded from \ngross income by reason of section 112 shall be treated as earned income \nwhich is taken into account in computing taxable income for the taxable \nyear.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2003.\n\nSEC. 3. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES \n INCOME TAX.\n\n (a) In General.--Paragraph (4) of section 7701(a) of the Internal \nRevenue Code of 1986 (defining domestic) is amended to read as follows:\n ``(4) Domestic.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the term `domestic' when applied to a \n corporation or partnership means created or organized \n in the United States or under the law of the United \n States or of any State unless, in the case of a \n partnership, the Secretary provides otherwise by \n regulations.\n ``(B) Certain corporations treated as domestic.--\n ``(i) In general.--The acquiring \n corporation in a corporate expatriation \n transaction shall be treated as a domestic \n corporation.\n ``(ii) Corporate expatriation \n transaction.--For purposes of this \n subparagraph, the term `corporate expatriation \n transaction' means any transaction if--\n ``(I) a nominally foreign \n corporation (referred to in this \n subparagraph as the `acquiring \n corporation') acquires, as a result of \n such transaction, directly or \n indirectly substantially all of the \n properties held directly or indirectly \n by a domestic corporation, and\n ``(II) immediately after the \n transaction, more than 80 percent of \n the stock (by vote or value) of the \n acquiring corporation is held by former \n shareholders of the domestic \n corporation by reason of holding stock \n in the domestic corporation.\n ``(iii) Lower stock ownership requirement \n in certain cases.--Subclause (II) of clause \n (ii) shall be applied by substituting `50 \n percent' for `80 percent' with respect to any \n nominally foreign corporation if--\n ``(I) such corporation does not \n have substantial business activities \n (when compared to the total business \n activities of the expanded affiliated \n group) in the foreign country in which \n or under the law of which the \n corporation is created or organized, \n and\n ``(II) the stock of the corporation \n is publicly traded and the principal \n market for the public trading of such \n stock is in the United States.\n ``(iv) Partnership transactions.--The term \n `corporate expatriation transaction' includes \n any transaction if--\n ``(I) a nominally foreign \n corporation (referred to in this \n subparagraph as the `acquiring \n corporation') acquires, as a result of \n such transaction, directly or \n indirectly properties constituting a \n trade or business of a domestic \n partnership,\n ``(II) immediately after the \n transaction, more than 80 percent of \n the stock (by vote or value) of the \n acquiring corporation is held by former \n partners of the domestic partnership or \n related foreign partnerships \n (determined without regard to stock of \n the acquiring corporation which is sold \n in a public offering related to the \n transaction), and\n ``(III) the acquiring corporation \n meets the requirements of subclauses \n (I) and (II) of clause (iii).\n ``(v) Special rules.--For purposes of this \n subparagraph--\n ``(I) a series of related \n transactions shall be treated as 1 \n transaction, and\n ``(II) stock held by members of the \n expanded affiliated group which \n includes the acquiring corporation \n shall not be taken into account in \n determining ownership.\n ``(vi) Other definitions.--For purposes of \n this subparagraph--\n ``(I) Nominally foreign \n corporation.--The term `nominally \n foreign corporation' means any \n corporation which would (but for this \n subparagraph) be treated as a foreign \n corporation.\n ``(II) Expanded affiliated group.--\n The term `expanded affiliated group' \n means an affiliated group (as defined \n in section 1504(a) without regard to \n section 1504(b)).\n ``(III) Related foreign \n partnership.--A foreign partnership is \n related to a domestic partnership if \n they are under common control (within \n the meaning of section 482), or they \n shared the same trademark or \n tradename.''\n (b) Effective Dates.--\n (1) In general.--The amendment made by this section shall \n apply to corporate expatriation transactions completed after \n September 11, 2001.\n (2) Special rule.--The amendment made by this section shall \n also apply to corporate expatriation transactions completed on \n or before September 11, 2001, but only with respect to taxable \n years of the acquiring corporation beginning after December 31, \n 2003.","summary":"Fairness for Working Americans Act of 2004 - Amends the Internal Revenue Code to: (1) eliminate the reduction in the percentage of earned income for calculating the refundable portion of the child tax credit for taxable years beginning before 2005. (2) include in earned income for purposes of calculating the refundable portion of the credit otherwise tax excludable combat zone compensation of members of the armed services. And (3) set forth rules for the tax treatment of certain foreign corporations engaging in tax avoidance activities as US domestic corporations.","title":"To amend the Internal Revenue Code of 1986 to increase the refundability of the child tax credit.","text_len":8297,"sum_len":570} {"bill_id":"114_hr2856","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Citizen Empowerment Act of 2015''.\n\nSEC. 2. AMENDMENTS.\n\n (a) In General.--Part III of title 5, United States Code, is \namended by inserting after chapter 79 the following:\n\n ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC\n\n``Sec.\n``7921. Procedures for in-person and telephonic interactions conducted \n by executive branch employees.\n``Sec. 7921. Procedures for in-person and telephonic interactions \n conducted by executive branch employees\n ``(a) Definitions.--For purposes of this section--\n ``(1) the term `telephonic' means by telephone or other \n similar electronic device; and\n ``(2) the term `State' means each of the several States, \n the District of Columbia, and any commonwealth, territory, or \n possession of the United States.\n ``(b) Recording of Enforcement Actions.--\n ``(1) Recording by individuals.--Any employee of an \n Executive agency who is conducting an in-person or a telephonic \n interview, audit, investigation, inspection, or other official \n in-person or telephonic interaction with an individual, \n relating to a possible or alleged violation of any Federal \n statute or regulation that could result in the imposition of a \n fine, forfeiture of property, civil monetary penalty, or \n criminal penalty against, or the collection of an unpaid tax, \n fine, or penalty from, such individual or a business owned or \n operated by such individual, shall allow such individual to \n make an audio recording of such in-person or telephonic \n interaction at the individual's own expense and with the \n individual's own equipment.\n ``(2) Recording by federal employees.--Any employee of an \n Executive agency that is conducting an in-person or a \n telephonic interaction described in paragraph (1) may record \n that interaction if such employee--\n ``(A) informs the individual of such recording \n prior to or at the initiation of the in-person or \n telephonic interaction; and\n ``(B) upon request of the individual, provides the \n individual with a transcript or copy of such recording, \n but only if the individual provides reimbursement for \n the cost of the transcription and reproduction of such \n transcript or copy.\n ``(c) Explanations of Rights.--\n ``(1) In general.--Any employee of an Executive agency \n shall, before or at an initial in-person or telephonic \n interview, audit, investigation, inspection, or other official \n in-person or telephonic interaction, described in subsection \n (b)(1), provide to the individual a verbal or written notice of \n the individual's rights under this section.\n ``(2) Separate notifications for separate violations.--\n Paragraph (1) shall not, for purposes of any interaction \n described in subsection (b)(1), be considered satisfied based \n on a notification previously given if that previous \n notification was given in the case of a possible or alleged \n violation separate from the possible or alleged violation at \n hand.\n ``(d) Application to Official Representative or Those Holding Power \nof Attorney.--Any person who is permitted to represent, before an \nExecutive agency described in subsection (b)(1), an individual \npermitted to make an audio recording under such subsection of an in-\nperson or a telephonic interaction conducted by an employee of that \nExecutive agency--\n ``(1) shall be permitted--\n ``(A) to make an audio recording under subsection \n (b)(1) as if the person were such individual; and\n ``(B) to receive a transcript or copy of an audio \n recording under subsection (b)(2) as if the person were \n such individual;\n ``(2) shall receive the same notice as that which is \n required to be provided to the individual under subsection (c); \n and\n ``(3) with respect to an audio recording (as referred to in \n paragraph (1)(A)) and a transcript or copy of a recording (as \n referred to in paragraph (1)(B)), shall have the same rights as \n described in subsection (e).\n ``(e) Property of Audio Recording.--Any audio recording or \ntranscript of an audio recording made pursuant to subsection (b)(1) or \nprovided to an individual pursuant to subsection (b)(2)(B) shall be the \nproperty of such individual.\n ``(f) No Cause of Action.--This section does not create any express \nor implied private right of action.\n ``(g) Exceptions.--\n ``(1) Classified information, public safety, criminal \n investigation.--This section shall not apply to any in-person \n or telephonic interaction--\n ``(A) that is likely to include the discussion of \n classified material;\n ``(B) that is likely to include the discussion of \n information that, if released publicly, would endanger \n public safety; or\n ``(C) that, if released, would endanger an ongoing \n criminal investigation if such investigation is being \n conducted by a Federal law enforcement officer (as \n defined by section 2 of the Law Enforcement \n Congressional Badge of Bravery Act of 2008) who is \n employed by a Federal law enforcement agency.\n ``(2) Determination by employees.--An employee of an \n Executive agency who makes a determination that an exception \n created by paragraph (1) applies to an in-person or a \n telephonic interaction or to a series of such interactions \n shall provide written notification of such determination to any \n person who would otherwise be permitted to make an audio \n recording of the interaction under subsection (b)(1) or (d).\n ``(h) Prior Law.--For the purposes set forth in paragraphs (1) and \n(2) of subsection (b), this section supersedes section 2511(2)(d) of \ntitle 18 and any provision of Federal or State law insofar as such \nsection or provision relates to the recording of an in-person or a \ntelephonic interaction described in subsection (b)(1).\n ``(i) Disciplinary Action.--An employee who violates this section \nshall be subject to appropriate disciplinary action in accordance with \notherwise applicable provisions of law.''.\n (b) Clerical Amendment.--The analysis for part III of title 5, \nUnited States Code, is amended by inserting after the item relating to \nchapter 79 the following:\n\n``79A. Services to Members of the Public.................... 7921''.","summary":"Citizen Empowerment Act of 2015 Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction. Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights. Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly. Or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer.","title":"Citizen Empowerment Act of 2015","text_len":6996,"sum_len":1255} {"bill_id":"106_hr3027","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Russian Economic Restoration and \nJustice Act of 1999''.\n\nSEC. 2. FINDINGS; GOALS.\n\n (a) Findings.--The Congress finds that--\n (1) the United States has spent billions of dollars to aid \n Russia through the provision of funds to the International \n Monetary Fund and other international financial institutions, \n and through other programs;\n (2) many of these funds have been siphoned off by corrupt \n institutions; and\n (3) the average Russian family has yet to see an \n improvement in their standard of living.\n (b) Goals.--It is the sense of the Congress that--\n (1) the United States must find a way to more effectively \n support democracy and the establishment of free markets in \n Russia; and\n (2) the following principles should be applied to \n international financial institution assistance to Russia:\n (A) establish a joint Russian-United States \n legislative oversight commission to monitor the use of \n Western resources in Russia;\n (B) focus Western resources on programs, such as \n housing, that will help to develop a Russian middle \n class;\n (C) make Western resources available to reform-\n minded regional governments;\n (D) deny corrupt Moscow-based financial \n institutions access to Western resources;\n (E) reform the International Monetary Fund;\n (F) put the horse in front of the cart: make \n reforms precede--not follow--the provision of \n resources;\n (G) create a program which will link United States \n business leaders with their Russian counterparts in \n order to provide Russian businesses with a pool of \n resources to assist them in making the successful \n transition to a market-based economy; and\n (H) bring 15,000 Russian students to the United \n States to study economics, business administration, and \n agricultural production so that they can return to \n Russia to develop the human capital to support a free \n market system.\n\nSEC. 3. PRINCIPLES GOVERNING INTERNATIONAL MONETARY FUND ASSISTANCE TO \n RUSSIA.\n\n The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended \nby adding at the end the following:\n\n``SEC. 61. PRINCIPLES GOVERNING INTERNATIONAL MONETARY FUND ASSISTANCE \n TO RUSSIA.\n\n ``(a) Conditions and Limitations of Assistance.--The Secretary of \nthe Treasury shall instruct the United States Executive Director at the \nFund to use the voice and vote of the United States to urge the Fund--\n ``(1) to not provide any assistance to the government of \n the Russian Federation or of any political subdivision of the \n Russian Federation, or to any other entity in the Russian \n Federation, until there is in effect a Russian federal law that \n implements the economic reforms described in subsection (b); \n and\n ``(2) to provide assistance to the Russian Federation or a \n political subdivision of the Russian Federation only to aid the \n implementation of such reforms.\n ``(b) Economic Reforms.--The economic reforms described in this \nsubsection are the following:\n ``(1) Land reform, including private ownership of land.\n ``(2) Further privatization of state-owned industrial \n enterprises.\n ``(3) Tax reform, including increased collection of tax \n obligations.\n ``(4) Development of effective commercial law, including \n the ability of individuals to seek enforcement of contracts by \n an effective judicial system.\n ``(5) Establishment of residential mortgage financing \n system for middle class individuals residing in the Russian \n Federation.\n ``(6) The development of criteria for evaluating the \n effectiveness of regional economic reform programs in the \n Russian Federation, and the use of such criteria to assure that \n Western resources are provided to the political subdivisions of \n the Russian Federation on an equitable basis, taking into \n account the necessity to provide incentives for political \n subdivisions to implement viable economic reforms and to reward \n those that have made progress in implementing such reforms.\n ``(7) The development of steps to make the recipients of \n Western resources in the Russian Federation accountable for the \n use of such resources.''.\n\nSEC. 4. RUSSIAN-AMERICAN FINANCIAL OVERSIGHT COMMISSION.\n\n (a) In General.--The Speaker of the House of Representatives and \nthe President of the Senate shall seek to enter into negotiations with \nthe State Duma and the Federation Council of the Russian Federation for \nthe establishment of a commission which would--\n (1) be composed of 8 Members of the United States Congress \n and a total of 8 Deputies from the State Duma and Federation \n Council;\n (2) monitor expenditures of the funds provided to the \n government of the Russian Federation or a political subdivision \n of the Russian Federation by the United States or the \n international community, for the purpose of evaluating that the \n funds are used for only for the purposes for which provided; \n and\n (3) create a working group of financial experts tasked with \n developing a comprehensive program to reform, privatize, or \n close industrial enterprises in the Russian Federation that are \n bankrupt and are (or would be) not competitive under conditions \n of a market economy without significant government financial \n support.\n (b) Membership.--On the successful conclusion of negotiations under \nsubsection (a), the Speaker of the House of Representatives and the \nPresident of the Senate are jointly authorized to appoint 8 Members of \nCongress to the commission established pursuant to subsection (a).\n\nSEC. 5. SENSE OF THE CONGRESS.\n\n (a) Establishment of Joint United States-Russian Business, \nEconomics, and Agricultural Education Programs.--It is the sense of the \nCongress that the United States and the government of the Russian \nFederation should conclude an agreement under which students in the \nRussian Federation would enroll in colleges and universities in the \nUnited States at undergraduate and graduate levels for the purpose of \ndeveloping a network of specialists in business administration, \neconomics, and agricultural production in the Russian Federation, and \nstudents so enrolled would, on completion of their studies in the \nUnited States, be required to return to the Russian Federation and work \nfor the federal or a regional government in Russia.\n (b) Linking of United States Business Leaders With Russian \nFederation Business Leaders.--It is the sense of the Congress that the \nUnited States and the government of the Russian Federation should \ncreate a program which would link successful United States business \nleaders with their counterparts in the Russian Federation, so that \ncompanies in the Russian Federation will be better able to access a \npool of resources and knowledge to assist them in their transition to \nsuccessfully competing in a market-based economy.\n\nSEC. 6. IMF REFORM COMMISSION.\n\n The Secretary of the Treasury shall instruct the United States \nExecutive Director at the Fund to use the voice and vote of the United \nStates to urge the Fund to create a commission, composed of prominent \ninternational financial experts, for the purpose of drawing up \nrecommendations for reforming the Fund, with a view to achieving more \ntransparency in the structures of the Fund and increasing the \neffectiveness of Fund programs while decreasing financial risk.\n\nSEC. 7. RUSSIAN HOUSING LOAN PROGRAM.\n\n (a) Loan Program.--There is hereby established a pilot housing loan \nprogram for the people of Russia, with such funds as may be made \navailable, as the means by which the average Russian citizen may attain \naffordable home ownership.\n (b) Restrictions.--None of the funds under this section may be made \navailable--\n (1) for transfer to the Government of Russia; or\n (2) for the purposes of providing Russian military housing.\n (c) Establishment of Administering Corporation.--\n (1) In general.--There is established a nonprofit \n corporation (in this section referred to as the \n ``Corporation'').\n (2) Purpose.--The purpose of the Corporation shall be to \n administer directly funds made available under this section.\n (3) Recommendations regarding the membership of board of \n directors.--It is the sense of the Congress that the \n Corporation should consist of a 13-member Board of Directors, \n the members of which should be appointed by the President of \n the United States from lists provided by the following \n individuals:\n (A) Two members from a list provided by the Speaker \n of the United States House of Representatives.\n (B) One member from a list provided by the minority \n leader of the United States House of Representatives.\n (C) Two members from a list provided by the \n majority leader of the United States Senate.\n (D) One member from a list provided by the minority \n leader of the United States Senate.\n (E) Two members appointed by the President of the \n United States at his discretion.\n (F) Four members from a list provided by the \n President of the Russian Federation.\n (G) One member from a list provided by the Chairman \n of the Russian State Duma.\n (4) Recommendations regarding the chairman of the board of \n directors, terms of office, and authority.--It is the sense of \n the Congress that the President of the United States should \n select a Chairman of the Board of Directors from among the 13 \n board members, that the Chairman should serve a single 2-year \n term, and that the entire Board of Directors should serve a 2-\n year term and have the authority to select other officers and \n employees to carry out the purposes of the Corporation.\n (d) Loan Size and Type.--Since it is the intent of the housing loan \nprogram to provide loans for the average middle-income potential \nRussian home buyer, loans shall range between the equivalent of $10,000 \nto $50,000 (U.S.). This amount shall be determined by the Corporation \nand shall fluctuate in accordance upon market conditions. Loans shall \nbe for a term of 10 to 30 years and may be prepaid at any time without \npenalty. Loan payments shall be amortized on a basis of level monthly \npayments.\n (e) Working Groups.--The Corporation shall have the authority to \nestablish working groups comprised of Russian and American experts, for \nthe purpose of making recommendations on topics essential to the \nsuccess of the program, including, but not limited to--\n (1) the preparation of the necessary legal and regulatory \n changes;\n (2) the involvement of United States housing trade and \n labor associations in providing materials, training, and joint \n venture capital;\n (3) ensuring adequate offsite infrastructure for new \n housing sites; and\n (4) other issues as deemed appropriate by the Corporation.","summary":"Establishes a Russian-American financial oversight commission to monitor the use of Western resources in Russia. Expresses the sense of Congress that: (1) there should be established joint United States-Russian business, economics, and agricultural education programs in which Russian Federation students on completion of their studies in the United States be required to return to the Russian Federation and work for the federal or regional government in Russia. And (2) the United States and the government of the Russian Federation should create a program which would link successful US business leaders with their Russian Federation counterparts so that Russian Federation companies will be better able to access a pool of resources and knowledge to assist them in their transition to successfully competing in a market-based economy. Directs the Secretary of the Treasury to instruct the US Executive Director at the IMF to use the US vote to urge the IMF to create a commission, composed of prominent international financial experts, to draw up recommendations for reforming the IMF, with a view to achieving more transparency in the structures of the IMF and increasing the effectiveness of its programs while decreasing financial risk. Establishes a pilot housing loan program in which the average Russian citizen may attain affordable home ownership.","title":"Russian Economic Restoration and Justice Act of 1999","text_len":12039,"sum_len":1359} {"bill_id":"107_hr4545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Amtrak Reauthorization Act of \n2002''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 24104 of title 49, United States Code, is amended to read \nas follows:\n``Sec. 24104. Authorization of appropriations\n ``(a) Capital Expenses.--\n ``(1) Authorization.--There are authorized to be \n appropriated to the Secretary of Transportation, for the \n benefit of Amtrak, $800,000,000 for fiscal year 2003 for \n capital expenditures.\n ``(2) Payment to amtrak.--\n ``(A) New capital projects.--The Secretary shall \n make payments to Amtrak of amounts authorized under \n paragraph (1) for capital projects not begun before the \n date of the enactment of the Amtrak Reauthorization Act \n of 2002 only if the Secretary has received, either in \n an annual work plan or a supplement thereto, a \n description of the work to be funded, a work timetable, \n cost estimates, and a list of other funding sources if \n the project is not entirely funded by the Federal \n Government, with an identification for each project as \n to which business unit described in subsection (e)(1) \n it is associated with. The Secretary shall determine, \n within 30 days after receiving a work plan or \n supplement, whether each of the capital projects \n proposed is sufficiently justified. To the extent that \n the Secretary determines that a project is justified, \n the Secretary shall make payments under this \n subparagraph within 30 days after receipt from Amtrak \n of a request for funds for the project.\n ``(B) Ongoing capital projects.--In the case of \n capital projects begun before the date of the enactment \n of the Amtrak Reauthorization Act of 2002, Amtrak shall \n transmit to the Secretary within 180 days after such \n date of enactment a description of the work funded, a \n work timetable, cost estimates, and a list of other \n funding sources if the project is not entirely funded \n by the Federal Government. The Secretary shall \n determine, within 30 days after receiving a description \n of the work funded, whether each of the capital \n projects proposed is sufficiently justified. To the \n extent that the Secretary determines that a project is \n justified, the Secretary shall make payments under this \n subparagraph within 30 days after receipt from Amtrak \n of a request for funds for the project. The Secretary \n shall not provide any further funding for a project \n until the Secretary receives a description required \n under this subparagraph.\n ``(3) Project oversight.--\n ``(A) Notice of changes.--If the scope, timetable, \n or cost of a project funded under paragraph (2) \n substantially changes, Amtrak shall notify the \n Secretary within 30 days after Amtrak learns of the \n change.\n ``(B) Oversight.--The Secretary shall conduct \n oversight activities, including inspections as \n necessary, to ensure appropriate progress of projects \n funded under paragraph (2).\n ``(b) Operating Expenses.--\n ``(1) Authorization.--There are authorized to be \n appropriated to the Secretary, for the benefit of Amtrak, \n $200,000,000 for fiscal year 2003 for operating expenditures.\n ``(2) Payment to amtrak.--The Secretary shall make payments \n to Amtrak of amounts authorized under paragraph (1) as follows:\n ``(A) 50 percent on October 1.\n ``(B) 25 percent on January 1.\n ``(C) 25 percent on April 1.\n Payments under this paragraph may only be made after 30 days \n have expired after receipt by the Secretary of all documents \n due under subsection (e).\n ``(c) Excess RRTA.--\n ``(1) Authorization.--There are authorized to be \n appropriated to the Secretary, for payment to the Treasury by \n the Secretary on behalf of Amtrak, for fiscal year 2003 an \n amount equal to the amount Amtrak is required to pay under \n section 3221 of the Internal Revenue Code of 1986 that is more \n than the amount needed for anticipated benefits for individuals \n who retire from Amtrak and for their beneficiaries.\n ``(2) Request for transfer of funds.--The Secretary shall \n make payments to the Treasury of amounts authorized under \n paragraph (1) only after the Secretary has received from Amtrak \n a request for the transfer of such funds, which shall include \n materials supporting, to the satisfaction of the Secretary, the \n amount of the request.\n ``(d) Rail Security.--In addition to amounts authorized under \nsubsections (a), (b), and (c), there are authorized to be appropriated \nto the Secretary of Transportation for fiscal year 2003--\n ``(1) $375,000,000 for grants to finance the cost of \n enhancements to the security and safety of Amtrak intercity \n rail passenger service; and\n ``(2) $400,000,000 for grants for life safety improvements \n to 6 New York Amtrak tunnels built in 1910, the Baltimore & \n Potomac Amtrak tunnel built in 1872, and the Washington, D.C. \n Union Station Amtrak tunnels built in 1904 under the Supreme \n Court and House and Senate Office Buildings.\n ``(e) Annual Business Plan and Quarterly Assessments.--\n ``(1) Business plan.--Not later than September 1, 2002, \n Amtrak shall transmit to the Secretary a comprehensive business \n plan for fiscal year 2003, including targets for ridership, \n revenues, and capital and operating expenses. The plan shall \n include a separate accounting of such targets for each of the \n following business units:\n ``(A) Northeast Corridor.\n ``(B) Autotrain.\n ``(C) Amtrak West.\n ``(D) Each other long-distance intercity train \n route, accounted for separately.\n ``(E) Contract Operations.\n ``(F) Mail and Express.\n ``(G) Corporate.\n ``(2) Quarterly assessments.--Not later than 30 days before \n the beginning of each fiscal quarter, Amtrak shall transmit to \n the Secretary--\n ``(A) an assessment of the extent to which each \n goal identified in the plan transmitted under paragraph \n (1) has been achieved;\n ``(B) an explanation of any failure to achieve such \n a goal; and\n ``(C) a description of any deviation from the \n business plan.\n The assessment required under subparagraph (A) shall be \n prepared by an outside financial consultant, which shall not be \n an entity that has assisted Amtrak in the preparation of a \n business plan under paragraph (1).\n ``(3) Certification.--The President of Amtrak shall certify \n each business plan and quarterly assessment transmitted under \n this subsection, and any other document required by this \n section to be transmitted to the Secretary.\n ``(f) Availability of Amounts and Early Appropriations.--(1) \nAmounts appropriated under this section remain available until \nexpended.\n ``(2) Amounts for capital acquisitions and improvements may be \nappropriated in a fiscal year before the fiscal year in which the \namounts will be obligated.\n ``(g) Limitations on Use.--Amounts appropriated under this section \nmay not be used to subsidize operating losses of commuter rail \npassenger or rail freight transportation.''.","summary":"Amtrak Reauthorization Act of 2002 - Authorizes appropriations for Amtrak for FY 2003 for: (1) capital expenditures, (2) operating expenses. (3) payment to the Treasury in an amount equal to the tax Amtrak must pay as an employer under the Railroad Retirement Tax Act that is more than the amount needed for anticipated benefits for Amtrak retirees and for their beneficiaries. And (4) certain rail security projects. Requires Amtrak to transmit to the Secretary of Transportation a comprehensive business plan, including targets for ridership, revenues, and capital and operating expenses, and quarterly assessments of the extent to which the business plan goals have been achieved.","title":"To authorize appropriations for the benefit of Amtrak for fiscal year 2003, and for other purposes.","text_len":8327,"sum_len":683} {"bill_id":"106_s1760","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Providing Reliable Officers, \nTechnology, Education, Community Prosecutors, and Training In Our \nNeighborhoods Act of 1999'' or ``PROTECTION Act''.\n\nSEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY \n PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE.\n\n (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended \nby--\n (1) inserting ``and prosecutor'' after ``increase police''; \n and\n (2) inserting ``to enhance law enforcement access to new \n technologies, and'' after ``presence,''.\n (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of \ntitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 \nU.S.C. 3796dd(b)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (B)--\n (i) by inserting after ``Nation'' the \n following: ``, or pay overtime to existing \n career law enforcement officers to the extent \n that such overtime is devoted to community \n policing efforts''; and\n (ii) by striking ``and'' at the end;\n (B) in subparagraph (C), by--\n (i) striking ``or pay overtime''; and\n (ii) striking the period at the end and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(D) promote higher education among in-service \n State and local law enforcement officers by reimbursing \n them for the costs associated with seeking a college or \n graduate school education.''; and\n (2) in paragraph (2) by striking all that follows Support \n Systems.--'' and inserting ``Grants pursuant to--\n ``(A) paragraph (1)(B) for overtime may not exceed \n 25 percent of the funds available for grants pursuant \n to this subsection for any fiscal year;\n ``(B) paragraph (1)(C) may not exceed 20 percent of \n the funds available for grants pursuant to this \n subsection in any fiscal year; and\n ``(C) paragraph (1)(D) may not exceed 5 percent of \n the funds available for grants pursuant to this \n subsection for any fiscal year.''.\n (c) Additional Grant Projects.--Section 1701(d) of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3796dd(d)) is amended--\n (1) in paragraph (2)--\n (A) by inserting ``integrity and ethics'' after \n ``specialized''; and\n (B) by inserting ``and'' after ``enforcement \n officers'';\n (2) in paragraph (7) by inserting ``school officials, \n religiously-affiliated organizations,'' after ``enforcement \n officers'';\n (3) by striking paragraph (8) and inserting the following:\n ``(8) establish school-based partnerships between local law \n enforcement agencies and local school systems, by using school \n resource officers who operate in and around elementary and \n secondary schools to serve as a law enforcement liaison with \n other Federal, State, and local law enforcement and regulatory \n agencies, combat school-related crime and disorder problems, \n gang membership and criminal activity, firearms and explosives-\n related incidents, illegal use and possession of alcohol, and \n the illegal possession, use, and distribution of drugs;'';\n (4) in paragraph (10) by striking ``and'' at the end;\n (5) in paragraph (11) by striking the period that appears \n at the end and inserting ``; and''; and\n (6) by adding at the end the following:\n ``(12) develop and implement innovative programs (such as \n the TRIAD program) that bring together a community's sheriff, \n chief of police, and elderly residents to address the public \n safety concerns of older citizens.''.\n (d) Technical Assistance.--Section 1701(f) of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3796dd(f)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``use up to 5 percent of the funds \n appropriated under subsection (a) to'' after ``The \n Attorney General may'';\n (B) by inserting at the end the following: ``In \n addition, the Attorney General may use up to 5 percent \n of the funds appropriated under subsections (d), (e), \n and (f) for technical assistance and training to \n States, units of local government, Indian tribal \n governments, and to other public and private entities \n for those respective purposes.'';\n (2) in paragraph (2) by inserting ``under subsection (a)'' \n after ``the Attorney General''; and\n (3) in paragraph (3)--\n (A) by striking ``the Attorney General may'' and \n inserting ``the Attorney General shall'';\n (B) by inserting ``regional community policing \n institutes'' after ``operation of''; and\n (C) by inserting ``representatives of police labor \n and management organizations, community residents,'' \n after ``supervisors,''.\n (e) Technology and Prosecution Programs.--Section 1701 of title I \nof the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3796dd) is amended by--\n (1) striking subsection (k);\n (2) redesignating subsections (f) through (j) as \n subsections (g) through (k); and\n (3) striking subsection (e) and inserting the following:\n ``(e) Law Enforcement Technology Program.--Grants made under \nsubsection (a) may be used to assist police departments, in employing \nprofessional, scientific, and technological advancements that will help \nthem--\n ``(1) improve police communications through the use of \n wireless communications, computers, software, videocams, \n databases and other hardware and software that allow law \n enforcement agencies to communicate more effectively across \n jurisdictional boundaries and effectuate interoperability;\n ``(2) develop and improve access to crime solving \n technologies, including DNA analysis, photo enhancement, voice \n recognition, and other forensic capabilities; and\n ``(3) promote comprehensive crime analysis by utilizing new \n techniques and technologies, such as crime mapping, that allow \n law enforcement agencies to use real-time crime and arrest data \n and other related information--including non-criminal justice \n data--to improve their ability to analyze, predict, and respond \n pro-actively to local crime and disorder problems, as well as \n to engage in regional crime analysis.\n ``(f) Community-Based Prosecution Program.--Grants made under \nsubsection (a) may be used to assist State, local or tribal \nprosecutors' offices in the implementation of community-based \nprosecution programs that build on local community policing efforts. \nFunds made available under this subsection may be used to--\n ``(1) hire additional prosecutors who will be assigned to \n community prosecution programs, including programs that assign \n prosecutors to handle cases from specific geographic areas, to \n address specific violent crime and other local crime problems \n (including intensive illegal gang, gun and drug enforcement \n projects and quality of life initiatives), and to address \n localized violent and other crime problems based on needs \n identified by local law enforcement agencies, community \n organizations, and others;\n ``(2) redeploy existing prosecutors to community \n prosecution programs as described in paragraph (1) of this \n section by hiring victim and witness coordinators, paralegals, \n community outreach, and other such personnel; and\n ``(3) establish programs to assist local prosecutors' \n offices in the implementation of programs that help them \n identify and respond to priority crime problems in a community \n with specifically tailored solutions.\n At least 75 percent of the funds made available under this \nsubsection shall be reserved for grants under paragraphs (1) and (2) \nand of those amounts no more than 10 percent may be used for grants \nunder paragraph (2) and at least 25 percent of the funds shall be \nreserved for grants under paragraphs (1) and (2) to units of local \ngovernment with a population of less than 50,000.''.\n (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by \ninserting at the end the following:\n ``(d) Retention Grants.--The Attorney General may use no more than \n50 percent of the funds under subsection (a) to award grants targeted \nspecifically for retention of police officers to grantees in good \nstanding, with preference to those that demonstrate financial hardship \nor severe budget constraint that impacts the entire local budget and \nmay result in the termination of employment for police officers funded \nunder subsection (b)(1).''.\n (g) Definitions.--\n (1) Career law enforcement officer.--Section 1709(1) of \n title I of the Omnibus Crime Control and Safe Streets Act of \n 1968 (42 U.S.C. 3796dd-8) is amended by inserting after \n ``criminal laws'' the following: ``including sheriffs deputies \n charged with supervising offenders who are released into the \n community but also engaged in local community policing \n efforts.''.\n (2) School resource officer.--Section 1709(4) of title I of \n the Omnibus Crime Control and Safe Streets Act of 1968 (42 \nU.S.C. 3796dd-8) is amended--\n (A) by striking subparagraph (A) and inserting the \n following:\n ``(A) to serve as a law enforcement liaison with other \n Federal, State, and local law enforcement and \n regulatory agencies, to address and document crime and \n disorder problems including gangs and drug activities, \n firearms and explosives-related incidents, and the \n illegal use and possession of alcohol affecting or \n occurring in or around an elementary or secondary \n school;\n (B) by striking subparagraph (E) and inserting the \n following:\n ``(E) to train students in conflict resolution, \n restorative justice, and crime awareness, and to \n provide assistance to and coordinate with other \n officers, mental health professionals, and youth \n counselors who are responsible for the implementation \n of prevention\/intervention programs within the \n schools;''; and\n (C) by adding at the end the following:\n ``(H) to work with school administrators, members \n of the local parent teacher associations, community \n organizers, law enforcement, fire departments, and \n emergency medical personnel in the creation, review, \n and implementation of a school violence prevention \n plan;\n ``(I) to assist in documenting the full description \n of all firearms found or taken into custody on school \n property and to initiate a firearms trace and \n ballistics examination for each firearm with the local \n office of the Bureau of Alcohol, Tobacco, and Firearms;\n ``(J) to document the full description of all \n explosives or explosive devices found or taken into \n custody on school property and report to the local \n office of the Bureau of Alcohol, Tobacco, and Firearms; \n and\n ``(K) to assist school administrators with the \n preparation of the Department of Education, Annual \n Report on State Implementation of the Gun-Free Schools \n Act which tracks the number of students expelled per \n year for bringing a weapon, firearm, or explosive to \n school.''.\n (h) Authorization of Appropriations.--Section 1001(a)(11) of title \nI of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3793(a)(11)) is amended--\n (1) by amending subparagraph (A) to read as follows:\n ``(A) There are authorized to be appropriated to \n carry out part Q, to remain available until expended--\n ``(i) $1,150,000,000 for fiscal year 2000;\n ``(ii) $1,150,000,000 for fiscal year 2001;\n ``(iii) $1,150,000,000 for fiscal year \n 2002;\n ``(iv) $1,150,000,000 for fiscal year 2003;\n ``(v) $1,150,000,000 for fiscal year 2004; \n and\n ``(vi) $1,150,000,000 for fiscal year \n 2005.''; and\n (2) in subparagraph (B)--\n (A) by striking ``3 percent'' and inserting ``5 \n percent'';\n (B) by striking ``1701(f)'' and inserting \n ``1701(g)'';\n (C) by striking the second sentence and inserting \n ``Of the remaining funds, if there is a demand for 50 \n percent of appropriated hiring funds, as determined by \n eligible hiring applications from law enforcement \n agencies having jurisdiction over areas with \n populations exceeding 150,000, no less than 50 percent \n shall be allocated for grants pursuant to applications \n submitted by units of local government or law \n enforcement agencies having jurisdiction over areas \n with populations exceeding 150,000 or by public and \n private entities that serve areas with populations \n exceeding 150,000, and no less than 50 percent shall be \n allocated for grants pursuant to applications submitted \n by units of local government or law enforcement \n agencies having jurisdiction over areas with \n populations less than 150,000 or by public and private \n entities that serve areas with populations less than \n 150,000.'';\n (D) by striking ``85 percent'' and inserting \n ``$600,000,000''; and\n (E) by striking ``1701(b),'' and all that follows \n through ``of part Q'' and inserting the following: \n ``1701 (b) and (c), $350,000,000 to grants for the \n purposes specified in section 1701(e), and $200,000,000 \n to grants for the purposes specified in section \n 1701(f).''.","summary":"Includes among permitted additional grant projects: (1) specialized integrity and ethics training. (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations. (3) school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies and to combat gang membership and criminal activity, firearms and explosives-related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs. And (4) innovative programs that bring together a community's sheriff, police chief, and elderly residents to address the public safety concerns of older citizens. Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities. Requires the technical assistance provided by the Attorney General to include the establishment and operation of regional community policing institutes training centers or facilities. Permits the functions of the centers or facilities to include instruction and seminars for specified individuals, including representatives of police labor and management organizations and community residents. Repeals provisions of the Act regarding: (1) termination of grants for hiring officers. And (2) preferential consideration of applications for certain grants. Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements. And (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000. Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for officers. Redefines: (1) career law enforcement officer to include sheriffs' deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts. And (2) school resource officer to mean a career law enforcement officer deployed in community-oriented policing and assigned to work in collaboration with schools and community-based organizations to engage in specified activities, including serving as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies to address and document crime and disorder problems, training students in conflict resolution and crime awareness, and assisting school administrators with the preparation of an annual report on the number of students expelled per year for bringing a weapon, firearm, or explosive to school. Authorizes appropriations.","title":"PROTECTION Act","text_len":15825,"sum_len":3303} {"bill_id":"103_hr3631","text":"SECTION 1. NONRECOGNITION TREATMENT FOR CERTAIN TRANSFERS BY COMMON \n TRUST FUNDS TO REGULATED INVESTMENT COMPANIES.\n\n (a) General Rule.--Section 584 of the Internal Revenue Code of 1986 \n(relating to common trust funds) is amended by redesignating subsection \n(h) as subsection (i) and by inserting after subsection (g) the \nfollowing new subsection:\n ``(h) Nonrecognition Treatment for Certain Transfers to Regulated \nInvestment Companies.--\n ``(1) In general.--If--\n ``(A) pursuant to a single plan, a common trust \n fund transfers substantially all of its assets to one \n or more regulated investment companies in exchange \n solely for stock in the company or companies to which \n such assets are so transferred, and\n ``(B) such stock is distributed by such common \n trust fund to participants in such common trust fund in \n exchange solely for their interests in such common \n trust fund,\n no gain or loss shall be recognized by such common trust fund \n by reason of such transfer or distribution, and no gain or loss \n shall be recognized by any participant in such common trust \n fund by reason of such exchange.\n ``(2) Basis rules.--\n ``(A) Regulated investment company.--The basis of \n any asset received by a regulated investment company in \n a transfer referred to in paragraph (1)(A) shall be the \n same as it would be in the hands of the common trust \n fund.\n ``(B) Participants.--The basis of the stock which \n is received in an exchange referred to in paragraph \n (1)(B) shall be the same as that of the property \n exchanged. If stock in more than one regulated \n investment company is received in such exchange, the \n basis determined under the preceding sentence shall be \n allocated among the stock in each such company on the \n basis of respective fair market values.\n ``(3) Treatment of assumptions of liability.--\n ``(A) In general.--In determining whether the \n transfer referred to in paragraph (1)(A) is in exchange \n solely for stock in one or more regulated investment \n companies, the assumption by any such company of a \n liability of the common trust fund, and the fact that \n any property transferred by the common trust fund is \n subject to a liability, shall be disregarded.\n ``(B) Special rule where assumed liabilities exceed \n basis.--\n ``(i) In general.--If in any transfer \n referred to in paragraph (1)(A) the assumed \n liabilities exceed the aggregate adjusted bases \n (in the hands of the common trust fund) of the \n assets transferred to the regulated investment \n company or companies--\n ``(I) notwithstanding paragraph \n (1), gain shall be recognized to the \n common trust fund on such transfer in \n an amount equal to such excess,\n ``(II) the basis of the assets \n received by the regulated investment \n company or companies in such transfer \n shall be increased by the amount so \n recognized, and\n ``(III) any adjustment to the basis \n of a participant's interest in the \n common trust fund as a result of the \n gain so recognized shall be treated as \n occurring immediately before the \n exchange referred to in paragraph \n (1)(B).\n If the transfer referred to in paragraph (1)(A) \n is to two or more regulated investment \n companies the basis increase under subclause \n (II) shall be allocated among such companies on \n the basis of the respective fair market values \n of the assets received by each of such \n companies.\n ``(ii) Assumed liabilities.--For purposes \n of clause (i), the term `assumed liabilities' \n means the aggregate of--\n ``(I) any liability of the common \n trust fund assumed by any regulated \n investment company in connection with \n the transfer referred to in paragraph \n (1)(A), and\n ``(II) any liability to which \n property so transferred is subject.\n ``(4) Common trust fund must meet diversification rules.--\n This subsection shall not apply to any common trust fund which \n would not meet the requirements of section 368(a)(2)(F)(ii) if \n it were a corporation. For purposes of the preceding sentence, \n Government securities shall not be treated as securities of an \n issuer in applying the 25-percent and 50-percent test and such \n securities shall not be excluded for purposes of determining \n total assets under clause (iv) of section 368(a)(2)(F).''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to transfers after the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code to provide for the nonrecognition of gain or loss for the transfer of common trust fund assets to regulated investment companies in exchange for stock when the stock is distributed to participants of the common trust fund in exchange for their interest in such fund.","title":"To amend the Internal Revenue Code of 1986 to provide nonrecognition treatment for certain transfers by common trust funds to regulated investment companies.","text_len":6098,"sum_len":299} {"bill_id":"110_hr3863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing America's Security through \nStrategic Redeployment from Iraq Act''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n (a) First Principal Finding.--Ending the war in Iraq is necessary, \nhowever, how the war is ended is of even greater importance for United \nStates national security, the safety of members of the United States \nArmed Forces currently serving in Iraq, and stability in both Iraq and \nthe Middle East.\n (b) Second Principal Finding.--\n (1) Open-ended commitment is unsustainable.--An open-ended \n United States involvement in Iraq is not in the interest of \n United States national security, and United States military \n forces must be redeployed or risk becoming severely over-\n strained.\n (2) Supporting facts.--\n (A) Currently, 40 percent of all United States Army \n equipment is in Iraq.\n (B) There is no Army unit currently in the United \n States in a state of readiness that would permit the \n unit to deploy anywhere another contingency might occur \n in the world.\n (c) Third Principal Finding.--\n (1) Lengthy redeployment process.--Redeployment from Iraq \n will be a lengthy process.\n (2) Supporting facts.--\n (A) Redeploying approximately 160,000 troops and \n 50,000 civilian contractors from Iraq and closing bases \n are logistically challenging, especially during \n conflict.\n (B) The critical consideration is the closure or \n turnover of the sixty-five Forward Operating Bases held \n by the United States Armed Forces in Iraq.\n (C) It takes on average 100 days to close just one \n Forward Operating Base, and any decision regarding the \n number of Forward Operating Bases to close at one time \n depends on surrounding strife and the fact that \n receiving facilities in Kuwait to prepare military \n vehicles for shipment to the United States or elsewhere \n can handle only 2 to 2\\1\/2\\ brigade combat teams at a \n time and there are currently 40 brigade combat teams or \n their equivalent in Iraq.\n (D) Redeployment is the most vulnerable of military \n operations, particularly in this case because \n redeployment will rely on a single road, leading from \n Iraq to Kuwait.\n (E) For comparison purposes, the removal of 6,300 \n members of the Armed Forces from Somalia in 1993 took \n six months and actually required the deployment of \n another 19,000 troops to protect their withdrawal.\n (F) In view of the logistical challenges, it will \n take at least a year, more likely 15 to 20 months to \n complete redeployment of United States forces from \n Iraq.\n\nSEC. 3. DECLARATIONS OF POLICY.\n\n (a) First Declaration of Policy.--\n (1) Need for comprehensive regional security plan.--\n Congress declares that it is critical that a comprehensive \n security plan is developed for Iraq and the region that accepts \n the necessity for a deliberate redeployment of United States \n forces from Iraq.\n (2) Supporting details.--\n (A) A comprehensive security plan is necessary for \n both the safety of United States forces in Iraq and the \n overall national security of the United States.\n (B) Redeployment would allow large numbers of \n members of the United States Armed Forces to return to \n the United States, while some forces could be deployed \n to areas, such as Afghanistan, where terrorists pose a \n threat to the national security of the United States or \n could remain at existing bases in Kuwait, Bahrain, the \n United Arab Emirates, or Qatar and on aircraft carrier \n and amphibious groups, to protect United States \n interests in the region.\n (b) Second Declaration of Policy.--\n (1) Iraqi assumption of responsibility.--Congress declares \n that a planned end to United States involvement in Iraq will \n serve to force Iraqi leaders to assume responsibility for the \n security and governance of their country while providing Iran \n and Syria the incentive to prevent violence otherwise caused by \n the redeployment of United States forces.\n (2) Supporting details.--\n (A) The United States intelligence community has \n found that Iran and Syria, currently involved \n destructively in the fighting in Iraq want stability in \n Iraq following redeployment, and can play a \n constructive role in improving security and stability \n in Iraq.\n (B) Because the redeployment of United States may \n take up to 20 months, there is an opportunity for a \n strategic approach to work diplomatically for political \n accommodation in Iraq with Iran and Syria (as well as \n Saudi Arabia and other countries in the region) during \n that timeframe.\n (c) Third Declaration of Policy.--Congress declares that while a \n``date certain'' deadline for the redeployment of United States forces \ncould force Iraqi leaders to assume responsibility and provide Iran and \nSyria the incentive to prevent violence that could result from the \nredeployment, a ``goal'' for the redeployment's end instead of a ``date \ncertain'' is a necessary compromise in order to ensure a strategic \napproach for United States security and create a greater level of Iraqi \nstability in the aftermath of the redeployment.\n\nSEC. 4. REDEPLOYMENT REQUIREMENTS.\n\n (a) Redeployment Required.--\n (1) Requirement.--Redeployment of United States Armed \n Forces serving in Iraq as part of Operation Iraqi Freedom shall \n begin within three months after the date of the enactment of \n this Act. Within six months after the date of the enactment of \n this Act, troop levels shall be at least 15,000 below the pre-\n surge level of 130,000 troops.\n (2) Goal.--Except as provided in subsection (b), not later \n than twenty months after the date of the enactment of this Act, \n the goal is that all United States Armed Forces serving in Iraq \n as part of Operation Iraqi Freedom shall be deployed outside of \n Iraq, to locations within the Middle East or Southwest Asia \n regions or to other regions or nations, or returned to the \n United States.\n (3) Purpose and pace of redeployment.--The redeployment \n required by this subsection shall be carried out for the \n purposes of both enhancing global security interests of the \n United States and improving the military readiness of the \n United States. The Secretary of Defense shall ensure that the \n redeployment is carried out at a deliberate, orderly pace that \n allows for the full security of members of the Armed Services.\n (b) Exceptions to Redeployment Requirement.--The redeployment \nrequired by subsection (a) shall not apply to the following:\n (1) Special operations forces and counter-terrorism \n operations.--Special operations forces assigned outside of Iraq \n that conduct either targeted counter-terrorism operations or \n periodic support operations of the Iraqi security forces in \n Iraq.\n (2) Military liaison teams.--Military or civilian personnel \n on military liaison teams involved in military-to-military \n contacts and comparable activities between the United States \n and Iraq, as authorized under section 168 of title 10, United \n States Code.\n (3) Air support.--Members of the Air Force, Navy, and \n Marine Corps assigned to locations outside Iraq for purposes of \n conducting air operations in Iraq (including air operations in \n support of combat operations) to support the Iraqi security \n forces.\n (4) Security for united states diplomatic missions in \n iraq.--Members of the Armed Forces providing security for the \n United States Embassy and other United States diplomatic \n missions in Iraq.\n (5) Defense attache.--Personnel conducting routine \n functions of the Office of Defense Attache.\n\nSEC. 5. LIMITATION ON USE OF FUNDS.\n\n Effective six months after the date of the enactment of this Act, \nfunds appropriated or otherwise made available to the Department of \nDefense under any provision of law for Operation Iraqi Freedom may not \nbe obligated or expended to support more than 115,000 members of the \nUnited States Armed Forces within Iraq, with a goal of no funding for \ntroops in Iraq within twenty months after the date of the enactment of \nthis Act.\n\nSEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES.\n\n (a) United States Leadership.--The United States should take a \nleadership role in diplomatic efforts and negotiations necessary for \ncountries in the region, including Iran and Syria, to work together to \nensure the long-term stability of Iraq, which is in the best interests \nof such countries and the United States.\n (b) International Conference.--The United States should convene an \ninternational conference to bring together countries throughout the \nworld to provide economic aid for rebuilding the infrastructure of Iraq \nand other reconstruction efforts in Iraq that are essential to ensure \nthe long-term stability of Iraq and America's national security.","summary":"Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for US national security, the safety US Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East. (2) an open-ended US involvement in Iraq is not in the interest of US national security and US military forces must be redeployed or risk becoming severely overstrained. And (3) redeployment from Iraq will be a lengthy process. Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate US redeployment of forces from Iraq. (2) a planned end to US involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the US redeployment. And (3) a goal for the redeployment's end rather than a date certain end is a necessary compromise to ensure a strategic approach for US security and to create to a greater level of post-redeployment Iraqi stability. States that: (1) with specified exceptions, redeployment of US Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops. And (2) the goal is that all US Armed Forces in Iraq shall be deployed outside of Iraq within 20 months. States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 US Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months. States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq.","title":"To provide a strategic approach to the war in Iraq to enhance the national security interests of the United States both at home and abroad, while ensuring the safety of the United States Armed Forces and ensuring stability in Iraq and the Middle East.","text_len":10132,"sum_len":1992} {"bill_id":"114_s2134","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Grow Our Own Directive: Physician \nAssistant Employment and Education Act of 2015''.\n\nSEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN \n ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS \n AFFAIRS.\n\n (a) Pilot Program.--\n (1) In general.--The Secretary of Veterans Affairs shall \n carry out a pilot program to be known as the ``Grow Our Own \n Directive'' or ``G.O.O.D.'' pilot program (in this section \n referred to as the ``pilot program'') to provide educational \n assistance to certain former members of the Armed Forces for \n education and training as physician assistants of the \n Department of Veterans Affairs.\n (2) Information on pilot program.--The Secretary shall \n provide information on the pilot program to eligible \n individuals under subsection (b), including information on \n application requirements and a list of entities with which the \n Secretary has partnered under subsection (g).\n (b) Eligible Individuals.--An individual is eligible to participate \nin the pilot program if the individual--\n (1) has medical or military health experience gained while \n serving as a member of the Armed Forces;\n (2) has received a certificate, associate degree, \n baccalaureate degree, master's degree, or postbaccalaureate \n training in a science relating to health care;\n (3) has participated in the delivery of health care \n services or related medical services, including participation \n in military training relating to the identification, \n evaluation, treatment, and prevention of diseases and \n disorders; and\n (4) does not have a degree of doctor of medicine, doctor of \n osteopathy, or doctor of dentistry.\n (c) Duration.--The pilot program shall be carried out during the \nfive-year period beginning on the date that is 180 days after the date \nof the enactment of this Act.\n (d) Selection.--\n (1) In general.--The Secretary shall select not less than \n 250 eligible individuals under subsection (b) to participate in \n the pilot program.\n (2) Priority for selection.--In selecting individuals to \n participate in the pilot program under paragraph (1), the \n Secretary shall give priority to the following individuals:\n (A) Individuals who participated in the \n Intermediate Care Technician Pilot Program of the \n Department that was carried out by the Secretary \n between January 2011 and February 2015.\n (B) Individuals who agree to be employed as a \n physician assistant for the Veterans Health \n Administration at a medical facility of the Department \n located in a community that--\n (i) is designated as a medically \n underserved population under section \n 330(b)(3)(A) of the Public Health Service Act \n (42 U.S.C. 254b(b)(3)(A)); and\n (ii) is in a State with a per capita \n population of veterans of more than 9 percent \n according to the National Center for Veterans \n Analysis and Statistics and the United States \n Census Bureau.\n (e) Educational Assistance.--\n (1) In general.--In carrying out the pilot program, the \n Secretary shall provide educational assistance to individuals \n participating in the pilot program, including through the use \n of scholarships, to cover the costs to such individuals of \n obtaining a master's degree in physician assistant studies or a \n similar master's degree.\n (2) Use of existing programs.--In providing educational \n assistance under paragraph (1), the Secretary shall use the \n Department of Veterans Affairs Health Professionals Educational \n Assistance Program under chapter 76 of title 38, United States \n Code, and such other educational assistance programs of the \n Department as the Secretary considers appropriate.\n (3) Use of scholarships.--The Secretary shall provide not \n less than 35 scholarships under the pilot program to \n individuals participating in the pilot program during each year \n in which the pilot program is carried out.\n (f) Period of Obligated Service.--\n (1) In general.--The Secretary shall enter into an \n agreement with each individual participating in the pilot \n program in which such individual agrees to be employed as a \n physician assistant for the Veterans Health Administration for \n a period of obligated service specified in paragraph (2).\n (2) Period specified.--With respect to each individual \n participating in the pilot program, the period of obligated \n service specified in this paragraph for the individual is--\n (A) if the individual is participating in the pilot \n program through a program described in subsection \n (e)(2) that specifies a period of obligated service, \n the period specified with respect to such program; or\n (B) if the individual is participating in the pilot \n program other than through a program described in such \n subsection, or if such program does not specify a \n period of obligated service, a period of three years or \n such other period as the Secretary considers \n appropriate for purposes of the pilot program.\n (g) Breach.--\n (1) Liability.--Except as provided in paragraph (2), an \n individual who participates in the pilot program and fails to \n satisfy the period of obligated service under subsection (f) \n shall be liable to the United States, in lieu of such obligated \n service, for the amount that has been paid or is payable to or \n on behalf of the individual under the pilot program, reduced by \n the proportion that the number of days served for completion of \n the period of obligated service bears to the total number of \n days in the period of obligated service of such individual.\n (2) Exception.--If an individual is participating in the \n pilot program through a program described in subsection (e)(2) \n that specifies a period of obligated service, the liability of \n the individual for failing to satisfy the period of obligated \n service under subsection (f) shall be determined as specified \n with respect to such program.\n (h) Mentors.--The Secretary shall ensure that a physician assistant \nmentor or mentors are available for individuals participating in the \npilot program at each facility of the Veterans Health Administration at \nwhich a participant in the pilot program is employed.\n (i) Partnerships.--In carrying out the pilot program, the Secretary \nshall seek to partner with the following:\n (1) Not less than 15 institutions of higher education \n that--\n (A) offer a master's degree program in physician \n assistant studies or a similar area of study that is \n accredited by the Accreditation Review Commission on \n Education for the Physician Assistant; and\n (B) agree--\n (i) to guarantee seats in such master's \n degree program for individuals participating in \n the pilot program who meet the entrance \n requirements for such master's degree program; \n and\n (ii) to provide individuals participating \n in the pilot program with information on \n admissions criteria and the admissions process.\n (2) Other institutions of higher education that offer \n programs in physician assistant studies or other similar areas \n of studies that are accredited by the Accreditation Review \n Commission on Education for the Physician Assistant.\n (3) The Transition Assistance Program of the Department of \n Defense.\n (4) The Veterans' Employment and Training Service of the \n Department of Labor.\n (5) Programs carried out under chapter 41 of title 38, \n United State Code, for the purpose of marketing and advertising \n the pilot program to veterans and members of the Armed Forces \n who may be interested in the pilot program.\n (j) Administration of Pilot Program.--For purposes of carrying out \nthe pilot program, the Secretary shall appoint or select within the \nOffice of Physician Assistant Services of the Veterans Health \nAdministration the following:\n (1) A Deputy Director for Education and Career Development \n of Physician Assistants who--\n (A) is a physician assistant, a veteran, and \n employed by the Department as of the date of the \n enactment of this Act;\n (B) is responsible for--\n (i) overseeing the pilot program;\n (ii) recruiting candidates to participate \n in the pilot program;\n (iii) coordinating with individuals \n participating in the pilot program and \n assisting those individuals in applying and \n being admitted to a master's degree program \n under the pilot program; and\n (iv) providing information to eligible \n individuals under subsection (b) with respect \n to the pilot program; and\n (C) may be employed in the field at a medical \n center of the Department.\n (2) A Deputy Director of Recruitment and Retention who--\n (A) is a physician assistant, a veteran, and \n employed by the Department as of the date of the \n enactment of this Act;\n (B) is responsible for--\n (i) identifying and coordinating the needs \n of the pilot program and assist the Secretary \n in providing mentors under subsection (h) to \n participants in the pilot program; and\n (ii) coordinating the staff of facilities \n of the Veterans Health Administration with \n respect to identifying employment positions and \n mentors under subsection (h) for participants \n in the pilot program; and\n (C) may be employed in the field at a medical \n center of the Department.\n (3) A recruiter who--\n (A) reports directly to the Deputy Director of \n Recruitment and Retention; and\n (B) works with the Workforce Management and \n Consulting Office and the Healthcare Talent Management \n Office of the Veterans Health Administration to develop \n and implement national recruiting strategic plans for \n the recruitment and retention of physician assistants \n within the Department.\n (4) An administrative assistant, compensated at a rate not \n less than level GS-6 of the General Schedule, or equivalent, \n who assists with administrative duties relating to the pilot \n program in the Office of Physician Assistant Services and such \n other duties as determined by the Secretary to ensure that the \n Office runs effectively and efficiently.\n (k) Report.--\n (1) In general.--Not later than one year after the date of \n the enactment of this Act, the Secretary of Veterans Affairs, \n in collaboration with the Secretary of Labor, the Secretary of \n Defense, and the Secretary of Health and Human Services, shall \n submit to Congress a report on the pilot program.\n (2) Elements.--The report required by paragraph (1) shall \n include the following:\n (A) The extent to which the pilot program is \n effective in improving the ability of eligible \n individuals under subsection (b) to become physician \n assistants.\n (B) An examination of whether the pilot program is \n achieving the goals of--\n (i) enabling individuals to build on \n medical skills gained as members of the Armed \n Forces by entering into the physician assistant \n workforce of the Department; and\n (ii) helping to meet the shortage of \n physician assistants employed by the \n Department.\n (C) An identification of such modifications to the \n pilot program as the Secretary of Veterans Affairs, the \n Secretary of Labor, the Secretary of Defense, and the \n Secretary of Health and Human Services consider \n necessary to meet the goals described in subparagraph \n (B).\n (D) An assessment of whether the pilot program \n could serve as a model for other programs of the \n Department to assist individuals in obtaining \n certification and employment in other health care \n fields.\n (l) Source of Amounts.--Not less than $8,000,000 of the amount \nnecessary to carry out the pilot program shall be derived from amounts \nappropriated to the Department of Veterans Affairs before the date of \nthe enactment of this Act.\n\nSEC. 3. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS \n AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO \n EDUCATE AND HIRE PHYSICIAN ASSISTANTS.\n\n (a) In General.--The Secretary of Veterans Affairs shall establish \nstandards described in subsection (b) to improve the use by the \nDepartment of Veterans Affairs of the Department of Veterans Affairs \nHealth Professionals Educational Assistance Program under chapter 76 of \ntitle 38, United States Code, and other educational assistance programs \nof the Department, including the pilot program under section 2, to \neducate and hire physician assistants of the Department.\n (b) Standards.--The standards described in this subsection are the \nfollowing:\n (1) Holding directors of medical centers of the Department \n accountable for failure to use the educational assistance \n programs described in subsection (a) and other incentives--\n (A) to advance employees of the Department in their \n education as physician assistants; and\n (B) to improve recruitment and retention of \n physician assistants.\n (2) Ensuring that the Department of Veterans Affairs \n Education Debt Reduction Program under subchapter VII of \n chapter 76 of such title is available for participants in the \n pilot program under section 2 to fill vacant physician \n assistant positions at the Department, including by--\n (A) including in all vacancy announcements for \n physician assistant positions the availability of the \n Education Debt Reduction Program; and\n (B) informing applicants to physician assistant \n positions of their eligibility for the Education Debt \n Reduction Program.\n (3) Monitoring compliance with the application process for \n educational assistance programs described in subsection (a) to \n ensure that such programs are being fully utilized to carry out \n this section.\n (4) Creating programs, including through the use of the \n Department of Veterans Affairs Employee Incentive Scholarship \n Program under subchapter VI of chapter 76 of such title, to \n encourage employees of the Department to apply to accredited \n physician assistant programs.\n (c) Regulations.--The Secretary shall prescribe such regulations as \nthe Secretary considers appropriate to carry out this section.\n\nSEC. 4. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE \n DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE \n COMPETITIVE PAY.\n\n (a) Establishment of Pay Grades.--Section 7404(b) of title 38, \nUnited States Code, is amended by adding at the end the following:\n\n``PHYSICIAN ASSISTANT SCHEDULE\n``Physician Assistant IV.\n``Physician Assistant III.\n``Physician Assistant II.\n``Physician Assistant I.''.\n (b) Competitive Pay.--Section 7451(a)(2) of such title is amended--\n (1) by redesignating subparagraph (B) as subparagraph (C);\n (2) by inserting after subparagraph (A) the following new \n subparagraph (B):\n ``(B) Physician assistant.''; and\n (3) in subparagraph (C), as redesignated by paragraph (1), \n by striking ``and registered nurse'' and inserting ``registered \n nurse, and physician assistant''.\n (c) National Strategic Plan.--\n (1) In general.--The Secretary of Veterans Affairs shall \n implement a national strategic plan for the retention and \n recruitment of physician assistants of the Department of \n Veterans Affairs that includes the establishment and adoption \n of standards for the provision of competitive pay to physician \n assistants of the Department in comparison to the pay of \n physician assistants in the private sector.\n (2) Report.--Not later than one year after the date of the \n enactment of this Act, the Secretary shall submit to the \n Committee on Veterans' Affairs of the Senate and the Committee \n on Veterans' Affairs of the House of Representatives a report \n on the implementation of the national strategic plan under \n paragraph (1).","summary":"Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out the Grow Our Own Directive or G. O. O. D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. An individual is eligible to participate in the program if the individual: has medical or military health experience gained while serving in the Armed Forces. Has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care. Has participated in the delivery of health care services or related medical services. And does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. The VA shall: provide educational assistance to program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, ensure that mentors are available for program participants at each VA facility at which a participant is employed, and seek to partner with specified government programs and with appropriate educational institutions that offer degrees in physician assistant studies. The VA shall: establish specified standards to improve the education and and hiring of VA physician assistants, and implement a national plan for the retention and recruitment of VA physician assistants that includes the adoption of competitive pay standards. VA physician assistant pay grades are established.","title":"Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015","text_len":18799,"sum_len":1589} {"bill_id":"109_hr4099","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeland Security Volunteerism \nEnhancement Act of 2005''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) The tragic events of September 11, 2001 demonstrated \n the need for citizen preparedness to prevent and respond to \n acts of terrorism.\n (2) The people of the United States responded to the tragic \n events of September 11, 2001 with courage and compassion as \n well as a renewed commitment and desire to help others.\n (3) The changing threat and issues that face the Nation \n call for the mobilization and effective use of citizenry in \n times of need.\n (4) Existing volunteer organizations, including the Coast \n Guard Auxiliary, have been very successful in providing a wide \n range of administrative and operational opportunities for \n citizen participation.\n (b) Purpose.--The purpose of this Act is to authorize the Secretary \nof Homeland Security to recruit and use volunteers to support homeland \nsecurity efforts.\n\nSEC. 3. CITIZEN CORPS; BORDER CORPS.\n\n (a) In General.--Subtitle H of title VIII of the Homeland Security \nAct of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 890A. CITIZEN CORPS.\n\n ``(a) Establishment.--The Secretary shall establish, as a component \nof the USA Freedom Corps established by Executive Order 13254, a \nprogram to be known as the `Citizen Corps' to coordinate homeland \nsecurity volunteer activities.\n ``(b) Office of State and Local Government Coordination and \nPreparedness.--The Citizen Corps shall be headed by the Director of the \nOffice of State and Local Government Coordination and Preparedness.\n ``(c) Volunteer Authority.--As part of the Citizen Corps \nestablished in subsection (a), the Secretary may recruit, train, and \naccept the services of volunteers notwithstanding section 1342 of title \n31, United States Code.\n\n``SEC. 890B. BORDER CORPS.\n\n ``(a) Establishment.--The Secretary shall establish a Border Corps, \nto be administered by the Commissioner of the Bureau of Customs and \nBorder Protection. The Border Corps shall be an organization under the \nCitizen Corps. The Secretary shall recruit, train, and accept for \nenrollment the members of the Border Corps.\n ``(b) Volunteers.--Members of the Border Corps shall be volunteers \nwho agree to contribute services without compensation. Section 1342 of \ntitle 31, United States Code, shall not apply to the acceptance of \nvoluntary services by members of the Border Corps.\n ``(c) Duties.--\n ``(1) In general.--The Border Corps shall assist the United \n States Border Patrol in carrying out its mission, to the extent \n authorized by the Secretary.\n ``(2) Focus.--Members of the Border Corps shall be assigned \n duties primarily in the areas of surveillance (responding to \n electronic sensor alarms and aircraft sightings, manning remote \n video surveillance camera systems), communications (using \n radio, cellular, and satellite communications equipment to \n assist Border Patrol agents in rapid response), transportation, \n and administrative support.\n ``(3) Additional duties.--Members of the Border Corps may \n also assist the Border Patrol in the following areas of United \n States Border Patrol operations:\n ``(A) Line watch operations to prevent illegal \n entry and smuggling.\n ``(B) Signcutting operations to detect and \n interpret disturbances in natural terrain conditions \n that indicate the presence or passage of people, \n animals, or vehicles.\n ``(C) Traffic checkpoints to detect aliens \n unlawfully traveling into the interior of the United \n States and to detect illegal narcotics.\n ``(D) Air operations.\n ``(E) Marine patrol.\n ``(F) Horse and bike patrol.\n ``(d) Status.--\n ``(1) Not federal employees.--Except as otherwise provided \n in this subsection, a volunteer shall not be deemed a Federal \n employee and shall not be subject to the provisions of law \n relating to Federal employment, including those provisions \n relating to hours of work, rates of compensation, leave, \n unemployment compensation, and Federal employee benefits.\n ``(2) Exceptions.--A member of the Border Corps while \n assigned to duty shall be deemed to be a Federal employee only \n for the following purposes:\n ``(A) Chapter 26 of title 28, United States Code.\n ``(B) Subchapter I of chapter 81 of title 5, United \n States Code.\n ``(C) Claims relating to damage to, or loss of, \n personal property of a volunteer incident to volunteer \n service, in which case the provisions of section 3721 \n of title 31, United States Code, shall apply.\n ``(3) Standards.--Nothing in this subsection shall \n constrain the Secretary from prescribing standards for the \n conduct and behavior of members of the Border Corps.\n ``(e) Eligibility.--\n ``(1) In general.--All citizens and legal permanent \n residents of the United States over 18 years of age shall be \n eligible to serve in the Border Corps.\n ``(2) Background check.--All volunteers must undergo a \n background check in accordance with procedures established by \n the Secretary.\n ``(f) Training.--The Secretary shall create a training and \ncertification program for Border Corps volunteers in accordance with \nthe specific tasks and functions in which they participate.\n ``(g) Travel Expenses.--When any member of the Border Corps is \nassigned to such duty the member may, pursuant to regulations issued by \nthe Secretary, be paid actual necessary traveling expenses, including a \nper diem allowance in lieu of subsistence in conformity with \nstandardized Federal Government travel regulations, while traveling and \nwhile on duty away from home. No per diem shall be paid for any period \nduring which quarters and subsistence in kind are furnished by the \nFederal Government.\n ``(h) Disenrollment.--Members of the Border Corps may be \ndisenrolled at any time, with or without cause, by the Secretary or the \nmember.\n ``(i) Border Patrol Staffing.--\n ``(1) In general.--In accepting the services of individuals \n as volunteers through the Border Corps program, the Secretary \n shall not permit the use of volunteers to displace any \n employee.\n ``(2) Authorization for increase in border patrol agents.--\n The Secretary shall increase the number of full-time active-\n duty Border Patrol agents in accordance with section 5202 of \n the Intelligence Reform and Terrorism Prevention Act of 2004 \n (Public Law 108-458; 118 Stat. 3734).''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by adding after the item relating to section 890 \nthe following:\n\n``Sec. 890A. Citizen corps.\n``Sec. 890B. Border corps.''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Citizen Corps.--There are authorized to be appropriated to \ncarry out section 890A of the Homeland Security Act of 2002, as added \nby section 3 of this Act, $50,000,000 for each of fiscal years 2007 \nthrough 2012.\n (b) Border Corps.--There are authorized to be appropriated to carry \nout section 890B of the Homeland Security Act of 2002, as added by \nsection 3 of this Act, $20,000,000 for each of fiscal years 2007 \nthrough 2012.","summary":"Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities. And (2) a Border Corps as a volunteer organization to assist the US Border Patrol in carrying out its mission.","title":"To amend the Homeland Security Act of 2002 to authorize the Citizen Corps and establish the Border Corps, and for other purposes.","text_len":7918,"sum_len":384} {"bill_id":"107_hr2136","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Confidential Information Protection \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Consumers, citizens, businesses, and other \n organizations have varying degrees of legal protection when \n providing information to the Federal Government for strictly \n statistical purposes.\n (2) The integrity and credibility of pledges of \n confidentiality by the Federal Government provide assurances to \n the public that information about individuals or organizations \n or provided by individuals or organizations for exclusively \n statistical purposes will be held in confidence and will not be \n used against such individuals or organizations in any Federal \n Government action.\n (3) Protecting the privacy and confidentiality interests of \n individuals or organizations who provide information for \n Federal statistical programs serves both the interests of the \n public and the needs of society.\n (4) Declining trust of the public in the protection of \n information provided to the Federal Government adversely \n affects both the accuracy and completeness of statistical \n analyses.\n (5) Ensuring that information provided for statistical \n purposes receives protection is essential in continuing public \n cooperation in statistical programs.\n (b) Purposes.--The purposes of this Act are the following:\n (1) To ensure that information supplied by individuals or \n organizations to an agency for statistical purposes is used \n exclusively for statistical purposes.\n (2) To ensure that individuals or organizations who supply \n information to the Federal Government for statistical purposes \n will not have that information disclosed in identifiable form \n for any purpose other than a statistical purpose, without the \n consent of such individuals or organizations.\n (3) To safeguard the confidentiality of individually \n identifiable information acquired for statistical purposes by \n controlling access to, and uses made of, such information.\n (4) To respect the rights and privileges of the public by \n observing and promoting fair information practices.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``respondent'' means a person who, or \n organization that, is requested or required to supply \n information to an agency, is the subject of information \n requested or required to be supplied to an agency, or provides \n that information to an agency.\n (2) The term ``identifiable form'' means any representation \n of information that permits information concerning individual \n subjects to be reasonably inferred by either direct or indirect \n means.\n (3) The term ``nonstatistical purpose'' means use of data \n in identifiable form for any purpose that is not a statistical \n purpose, and includes any administrative, regulatory, law \n enforcement, adjudicatory, or other purpose that affects the \n rights, privileges, or benefits of a particular identifiable \n respondent.\n (4) The term ``agency'' means any entity that falls within \n the definition of the term ``executive agency'' as defined in \n section 102 of title 31, United States Code, or ``agency'', as \n defined in section 3502 of title 44, United States Code.\n (5) The term ``statistical purpose''--\n (A) means the description, estimation, or analysis \n of the characteristics of groups without regard to the \n identities of individuals or organizations that \n comprise such groups; and\n (B) includes the development, implementation, or \n maintenance of methods, technical or administrative \n procedures, or information resources that support the \n purposes described in subparagraph (A).\n (6) The term ``statistical agency or unit'' means an agency \n or organizational unit of the executive branch whose activities \n are predominantly the collection, compilation, processing, or \n analysis of information for statistical purposes.\n (7) The term ``agent'' means a person designated by an \n executive agency to perform, either in the capacity of a \n Federal employee or otherwise, exclusively statistical \n activities under the supervision or control of an officer or \n employee of that agency, who agrees in writing to comply with \n all provisions of law that affect information acquired by that \n agency.\n\nSEC. 4. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.\n\n (a) Use of Statistical Data or Information.--Data or information \nacquired by an agency for exclusively statistical purposes shall be \nused by the agency only for statistical purposes.\n (b) Disclosure of Statistical Data or Information.--Data or \ninformation acquired by an agency for exclusively statistical purposes \nshall not be disclosed by an agency in identifiable form, for any \npurpose other than a statistical purpose, without the informed consent \nof the respondent.\n (c) Rule for Use of Data or Information for Nonstatistical \nPurposes.--A statistical agency or unit shall clearly distinguish any \ndata or information it collects for nonstatistical purposes (as \nauthorized by law) by a rule that provides that the respondent \nsupplying the data or information is fully informed, before the data or \ninformation is collected, that the data or information will be used for \nnonstatistical purposes.\n (d) Designation of Agents.--A statistical agency or unit may \ndesignate agents who may perform exclusively statistical activities, \nsubject to the limitations and penalties described in this Act.\n\nSEC. 5. COORDINATION AND OVERSIGHT OF POLICIES.\n\n (a) In General.--The Director of the Office of Management and \nBudget shall coordinate and oversee the confidentiality and disclosure \npolicies established by this Act.\n (b) Review and Approval of Rules.--The Director shall review any \nrules proposed by an agency pursuant to this Act for consistency with \nthe provisions of this Act and chapter 35 of title 44, United States \nCode, and such rules shall be subject to the approval of the Director.\n\nSEC. 6. EFFECT ON OTHER LAWS.\n\n (a) Title 44, U.S.C.--This Act does not diminish the authority \nunder section 3510 of title 44, United States Code, of the Director of \nthe Office of Management and Budget to direct, and of an agency to \nmake, disclosures that are not inconsistent with any applicable law.\n (b) Exemption From Freedom of Information Act.--Data or information \nacquired for exclusively statistical purposes as described in section 4 \nis exempt from mandatory disclosure under section 552 of title 5, \nUnited States Code, pursuant to section 552(b)(3) of such title.\n (c) Preemption of State Law.--Nothing in this Act shall preempt \napplicable State law regarding the confidentiality of data collected by \nthe States.\n (d) Construction.--Nothing in this Act shall be construed as \nrestricting or diminishing any confidentiality protections that \notherwise apply to data or information collected for statistical \npurposes or nonstatistical purposes.\n\nSEC. 7. DISCLOSURE PENALTIES.\n\n An officer, employee, or agent of an agency who knowingly, without \nthe informed consent of the respondent, discloses in identifiable form, \nfor any purpose other than a statistical purpose, data or information \nacquired by an agency for an exclusively statistical purpose, shall be \nfound guilty of a class E felony and imprisoned for not more than 5 \nyears, or fined not more than $250,000, or both.","summary":"Confidential Information Protection Act - Requires data or information acquired by executive agencies for exclusively statistical purposes to be used only for such purposes. Prohibits data or information acquired by an agency for such purposes from being disclosed in identifiable form, for any purpose other than such a purpose, without the informed consent of the respondent. Requires a statistical agency to clearly distinguish any data or information it collects for nonstatistical purposes by a rule that provides that the respondent is fully informed that the information to be collected will be used for such purposes. Requires: (1) the Director of the Office of Management and Budget to coordinate and oversee such confidentiality and disclosure policies. And (2) any rules proposed by an agency pursuant to this Act to be subject to the Director's review and approval. Exempts data or information acquired for exclusively statistical purposes from mandatory disclosure under the Freedom of Information Act. Provides that this Act does not preempt applicable State law regarding the confidentiality of data collected by the States. Sets forth penalties for violations of this Act.","title":"To protect the confidentiality of information acquired from the public for statistical purposes.","text_len":8048,"sum_len":1188} {"bill_id":"108_hr3078","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employee Right to Choose Act of \n2003''.\n\nSEC. 2. STREAMLINING UNIONIZATION PROCESS.\n\n The National Labor Relations Act (29 U.S.C. 151 et seq.) is \namended--\n (1) in section 3(b), in the second sentence--\n (A) by striking ``and to'' and inserting ``to''; \n and\n (B) by striking ``and certify the results \n thereof,'' and inserting ``, and to make the \n certifications provided for in section 9,'';\n (2) in section 8--\n (A) in subsection (b)(7)(C), in the first proviso--\n (i) by striking ``the provisions of section \n 9(c)(1) or''; and\n (ii) by striking ``direct an election in \n such unit as the Board finds to be appropriate \n and shall certify the results thereof'' and \n inserting ``process the petition in accordance \n with section 9(c)(1)''; and\n (B) by striking subsection (d) and inserting the \n following:\n ``(d) Collective Bargaining.--\n ``(1) In general.--For the purposes of this section, to \n bargain collectively is the performance of the mutual \n obligation of the employer and the representative of the \n employees to meet at reasonable times and confer in good faith \n with respect to wages, hours, and other terms and conditions of \n employment, or the negotiation of an agreement, or any question \n arising thereunder, and the execution of a written contract \n incorporating any agreement reached if requested by either \n party, but such obligation does not compel either party to \n agree to a proposal or require the making of a concession: \n Provided, That where there is in effect a collective-bargaining \n contract covering employees in an industry affecting commerce, \n the duty to bargain collectively shall also mean that no party \n to such contract shall terminate or modify such contract, \n unless the party desiring such termination or modification--\n ``(A) serves a written notice upon the other party \n to the contract of the proposed termination or \n modification 60 days prior to the expiration date \n thereof, or in the event such contract contains no \n expiration date, 60 days prior to the time it is \n proposed to make such termination or modification;\n ``(B) offers to meet and confer with the other \n party for the purpose of negotiating a new contract or \n a contract containing the proposed modifications;\n ``(C) notifies the Federal Mediation and \n Conciliation Service within 30 days after such notice \n of the existence of a dispute, and simultaneously \n therewith notifies any State or Territorial agency \n established to mediate and conciliate disputes within \n the State or Territory where the dispute occurred, \n provided no agreement has been reached by that time; \n and\n ``(D) continues in full force and effect, without \n resorting to strike or lock-out, all the terms and \n conditions of the existing contract for a period of 60 \n days after such notice is given or until the expiration \n date of such contract, whichever occurs later:\n The duties imposed upon employers, employees, and labor \n organizations by subparagraphs (B), (C), and (D) shall become \n inapplicable upon an intervening certification of the Board, \n under which the labor organization or individual, which is a \n party to the contract, has been superseded as or ceased to be \n the representative of the employees subject to the provisions \n of section 9(a), and the duties so imposed shall not be \n construed as requiring either party to discuss or agree to any \n modification of the terms and conditions contained in a \n contract for a fixed period, if such modification is to become \n effective before such terms and conditions can be reopened \n under the provisions of the contract. Any employee who engages \n in a strike within any notice period specified in this \n subsection, or who engages in any strike within the appropriate \n period specified in subsection (g), shall lose his status as an \n employee of the employer engaged in the particular labor \n dispute, for the purposes of sections 8, 9, and 10 of this Act, \n as amended, but such loss of status for such employee shall \n terminate if and when he is reemployed by such employer.\n ``(2) Bargaining for employees of a health care \n institution.--Whenever the collective bargaining involves \n employees of a health care institution, the provisions of this \n subsection shall be modified as follows:\n ``(A) The notice of paragraph (1)(A) shall be 90 \n days; the notice of paragraph (1)(C) shall be 60 days; \n and the contract period of paragraph (1)(D) shall be 90 \n days.\n ``(B) Where the bargaining is for an initial \n agreement following certification or recognition, at \n least 30 days' notice of the existence of a dispute \n shall be given by the labor organization to the \n agencies set forth in paragraph (1)(C).\n ``(C) After notice is given to the Federal \n Mediation and Conciliation Service under either clause \n (A) or (B) of this sentence, the Service shall promptly \n communicate with the parties and use its best efforts, \n by mediation and conciliation, to bring them to \n agreement. The parties shall participate fully and \n promptly in such meetings as may be undertaken by the \n Service for the purpose of aiding in a settlement of \n the dispute.\n ``(3) Bargaining for an initial agreement.--Whenever the \n collective bargaining is for an initial agreement following \n certification or recognition, the provisions of this subsection \n shall be modified as follows:\n ``(A) Not later than 10 days after receiving a \n written request for collective bargaining from an \n individual or labor organization that has been newly \n recognized or certified as a representative, as \n described in section 9(a), or within such further \n period as the parties agree upon, the parties shall \n meet and commence to bargain collectively and shall \n make every reasonable effort to conclude and sign a \n collective bargaining agreement.\n ``(B) If after 180 days from the commencement of \n bargaining, or such further period as the parties agree \n upon, the parties have failed to reach an agreement, \n either party may notify the Federal Mediation and \n Conciliation Service of the existence of a dispute and \n request mediation. Whenever such a request is received, \n it shall be the duty of the Service promptly to put \n itself in communication with the parties and to use its \n best efforts, by mediation and conciliation, to bring \n the parties to agreement.\n ``(C) If after 30 days from the request for \n mediation, or such further period as the parties agree \n upon, the Service is not able to bring the parties to \n agreement by conciliation, the Service shall refer the \n dispute to an arbitration board established in \n accordance with such regulations as may be prescribed \n by the Service. The arbitration panel shall render a \n decision settling the dispute and such decision shall \n be binding upon the parties for a period of 2 years, \n unless amended during such period by written consent of \n the parties.''; and\n (3) in section 9--\n (A) by striking subsection (c) and inserting the \n following:\n ``(c) Hearings on Questions Affecting Commerce; Rules and \nRegulations.--\n ``(1) In general.--Whenever a petition shall have been \n filed, in accordance with such regulations as may be prescribed \n by the Board--\n ``(A) by an employee or group of employees or any \n individual or labor organization acting in their behalf \n alleging that a substantial number of employees wish to \n be represented for collective bargaining and that their \n employer declines to recognize their representative as \n the representative described in subsection (a); or\n ``(B) by an employer, alleging that an individual \n or labor organization has presented to the employer a \n claim to be recognized as the representative described \n in subsection (a),\n the Board shall investigate such petition and if the Board has \n reasonable cause to believe that a question of representation \n affecting commerce exists, shall provide for an appropriate \n hearing upon due notice. Such hearing may be conducted by an \n officer or employee of the regional office, who shall not make \n any recommendations with respect thereto. If the Board finds \n upon the record of such hearing that such a question of \n representation exists, the Board shall direct an election by \n secret ballot and shall certify the results thereof: Provided, \n That if the Board finds that, as of the date of the filing of \n the petition or such other date as the Board considers \n appropriate, a majority of the employees in a unit appropriate \n for collective bargaining have signed authorizations \n designating the individual or labor organization specified in \n the petition as their bargaining representative, and there is \n no other individual or labor organization that has been so \n designated by 30 percent or more of the employees, the Board \n shall not direct an election but shall certify the individual \n or labor organization as the representative described in \n subsection (a).\n ``(2) Individual or labor organization no longer \n representative.--Whenever a petition shall have been filed, in \n accordance with such regulations as may be prescribed by the \n Board by an employee or group of employees or any individual or \n labor organization acting in their behalf alleging that a \n substantial number of employees assert that the individual or \n labor organization, which has been certified or is being \n currently recognized by their employer as the bargaining \n representative, is no longer a representative as described in \n subsection (a), the Board shall investigate such petition and \n if the Board has reasonable cause to believe that a question of \n representation affecting commerce exists shall provide for an \n appropriate hearing upon due notice. Such hearing may be \n conducted by an officer or employee of the regional office, who \n shall not make any recommendations with respect thereto. If the \n Board finds upon the record of such hearing that such a \n question of representation exists, it shall direct an election \n by secret ballot and shall certify the results thereof.\n ``(3) Regulations and rules of decision.--In determining \n whether or not a question of representation affecting commerce \n exists, the same regulations and rules of decision shall apply \n irrespective of the identity of the persons filing the petition \n or the kind of relief sought and in no case shall the Board \n deny a labor organization a place on the ballot by reason of an \n order with respect to such labor organization or its \n predecessor not issued in conformity with section 10(c).\n ``(4) Limitation on election.--No election shall be \n directed in any bargaining unit or any subdivision within \n which, in the preceding 12-month period, a valid election shall \n have been held, and no bargaining representative shall be \n certified on the basis of a showing of majority support \n obtained within the 12-month period following such an election. \n Employees engaged in an economic strike who are not entitled to \n reinstatement shall be eligible to vote under such regulations \n as the Board shall find are consistent with the purposes and \n provisions of this subchapter in any election conducted within \n 12 months after the commencement of the strike. In any election \n where none of the choices on the ballot receives a majority, a \n run-off shall be conducted, the ballot providing for a \n selection between the 2 choices receiving the largest and \n second largest number of valid votes cast in the election.\n ``(5) Rule of construction.--Nothing in this section shall \n be construed to prohibit the waiving of hearings by stipulation \n for the purpose of a consent election in conformity with \n regulations and rules of decision of the Board.\n ``(6) Determination of appropriate unit.--In determining \n whether a unit is appropriate for the purposes specified in \n subsection (b), the extent to which the employees have \n organized shall not be controlling.\n ``(7) Guidelines and procedures.--The Board shall develop \n guidelines and procedures for the designation by employees of a \n bargaining representative as described in subsection (a). Such \n guidelines and procedures shall include--\n ``(A) model collective bargaining authorization \n language that may be used for purposes of making the \n designations described in paragraph (1); and\n ``(B) procedures to be used by the Board to \n establish the authenticity of signed authorizations \n designating bargaining representatives.''; and\n (B) by striking subsection (e).\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n Section 8 of the National Labor Relations Act (29 U.S.C. 158) is \namended--\n (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' \n and inserting ``section 9(c)(1)''; and\n (2) in subsection (f), by striking ``9(e)'' and inserting \n ``9(c)(1)''.","summary":"Employee Right to Choose Act of 2003 - Amends the National Labor Relations Act to revise collective bargaining requirements with respect to bargaining for an initial agreement to require generally shorter deadlines for commencement of bargaining, requests for mediation, and referrals of a dispute to arbitration. Requires certification of a bargaining representative without election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization so designated by 30 percent or more of the employees. Repeals the requirement for a secret ballot vote on rescission of the authority of a collective bargaining agreement upon petition by 30 percent or more of covered bargaining unit employees.","title":"To amend the National Labor Relations Act to establish an efficient system to enable employees to form or become members of labor organizations, and for other purposes.","text_len":15488,"sum_len":781} {"bill_id":"114_hr4552","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gas Pump Access Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The technical assistance materials for the Americans \n with Disabilities Act of 1990 of the Department of Justice \n requires gas stations, including those offering self-service, \n to provide equal access for their customers with disabilities.\n (2) Customers with disabilities are advised that they can \n obtain refueling assistance by either honking or otherwise \n signaling an employee.\n (3) The Americans with Disabilities Act of 1990 requires \n self-service gas stations to provide refueling assistance upon \n the request of a qualified person with a disability if there is \n more than one attendant on duty at the station. Such service is \n provided without any charge beyond the self-service price.\n (4) A qualified person with a disability is described as a \n person to whom an accessible or disabled parking permit has \n been issued or a person who is in legal possession of a \n specialized motor vehicle license plate indicating that the \n owner is a person with a disability.\n (5) History has shown that these methods to attract \n refueling assistance are not effective. Throughout the United \n States, individuals with disabilities who need gas pumping \n assistance at gas stations or convenience stores do not \n generally receive such assistance when they honk their horns, \n flash their headlights, or otherwise signal to attract the \n attention of an attendant inside the facility. This is not \n considered equal access under the Americans with Disabilities \n Act of 1990.\n (6) In 2014, the State of Florida enacted House Bill 7005, \n which requires phone numbers to be placed on all gas pumps not \n later than two years after July 1, 2014. This requirement \n allows qualified individuals with disabilities to call on their \n cell phones for free gas pumping assistance. However, should \n such refueling assistance be requested during times when a \n second attendant is not present at a self-service gasoline \n station, the Florida gas station retailer is not required to \n provide the requested assistance and will inform the caller. \n History has proven this to be a simple, inexpensive, common \n sense, effective solution that is favored by both customers \n with disabilities and the petroleum and convenience store \n industries.\n (7) Today, unlike in 1990, almost everyone owns a cell \n phone. Owning a cell phone is a safety measure for drivers with \n disabilities in case their vehicle breaks down on the road.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to provide accessibility to gas stations \nby ensuring that it will be considered discrimination under the \nAmericans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a \ngas station to fail to display a phone number to call for assistance on \neach self-service gas pump of the gas station.\n\nSEC. 4. ACCESSIBILITY.\n\n (a) Notification Requirement.--\n (1) In general.--It shall be considered discrimination for \n purposes of section 302 of the Americans with Disabilities Act \n of 1990 (42 U.S.C. 12182) for a gas station or convenience \n store to fail to clearly display at each self-service gas pump \n a decal that--\n (A) is at least 15 square inches in size;\n (B) has a blue background;\n (C) includes the telephone number of the gas \n station or convenience store at which such pump is \n located and the words ``Call for Assistance'' in \n printed white text; and\n (D) includes the International Symbol of \n Accessibility.\n (2) Operational telephone.--With respect to the telephone \n number indicated on the decal, it shall be considered \n discrimination for purposes of section 302 of the Americans \n with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone \n connected to such number is not operational and answered \n directly by an employee of the gas station retailer during the \n hours the gas station retailer is open for business to the \n public.\n (b) Assistance.--\n (1) Two or more attendants.--It shall be considered \n discrimination for purposes of section 302 of the Americans \n with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas \n station or convenience store that is open for business to the \n public with two or more attendants on duty to fail to provide \n gas pumping assistance to a qualified individual with a \n disability who makes a request for such assistance.\n (2) One attendant.--It shall not be considered \n discrimination for purposes of section 302 of the Americans \n with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas \n station or convenience store that is open for business to the \n public with one attendant on duty to fail to provide gas \n pumping assistance to a qualified individual with a disability \n who makes a request for such assistance, if such attendant \n notifies the individual that assistance cannot be provided \n because there is only one attendant on duty.\n (c) Further Accessibility Standards.--Nothing in this section shall \nprohibit a unit of local government from adopting an ordinance, or \nenforcing an existing ordinance, that expands the accessibility, \nsafety, or availability of fueling assistance to a motor vehicle \noperator with a qualified disability.\n (d) Regulations.--Not later than two years after the date of the \nenactment of this Act, the Secretary of Transportation and the Attorney \nGeneral shall each promulgate such regulations as are necessary to \nensure compliance with this section.\n (e) Example of Decal Made Publicly Available.--Not later than six \nmonths after the date of the enactment of this Act, the Secretary of \nTransportation and the Attorney General shall make a graphic example of \na decal described in subsection (a) publicly available at no cost, in \ndownloadable format, on the websites of the Department of \nTransportation and the Department of Justice, respectively. Such decal \nshall have a blank area in which a telephone number may be inserted.","summary":"Gas Pump Access Act of 2016 This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words quot, Call for Assistance. quot. A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites.","title":"Gas Pump Access Act of 2016","text_len":6688,"sum_len":1140} {"bill_id":"111_hr5938","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children First Act of 2010''.\n\nSEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE.\n\n Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) \nis amended by adding at the end the following:\n ``(H) Limitation on meaning of `assistance' for \n families receiving child care.--For purposes of \n subparagraph (A), any funds provided under this part \n that are used to provide child care for a family during \n a month under the State program funded under this part \n shall not be considered assistance under the \n program.''.\n\nSEC. 3. INCREASE IN FUNDING FOR CHILD CARE.\n\n Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) \nis amended--\n (1) by striking the period at the end of subparagraph (G) \n and inserting a semicolon; and\n (2) by adding at the end the following:\n ``(H) $3,717,000,000 for fiscal year 2011;\n ``(I) $3,773,000,000 for fiscal year 2012;\n ``(J) $3,841,000,000 for fiscal year 2013;\n ``(K) $3,917,000,000 for fiscal year 2014; and\n ``(L) $3,996,000,000 for fiscal year 2015.''.\n\nSEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO \n OTHER TANF CHILD CARE SPENDING.\n\n Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is \namended by adding at the end the following:\n ``(8) Certification of procedures to ensure that child care \n providers comply with applicable state or local health and \n safety standards.--A certification by the chief executive \n officer of the State that procedures are in effect to ensure \n that any child care provider in the State that provides \n services funded through expenditures under this part or with \n qualified State expenditures complies with all applicable State \n or local health and safety requirements as described in section \n 658E(c)(2)(F) of the Child Care and Development Block Grant Act \n of 1990.''.\n\nSEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.\n\n Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) \nis amended--\n (1) by inserting ``or other individual with custody'' after \n ``parent''; and\n (2) by striking ``6'' and inserting ``13''.\n\nSEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF \n 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD \n CARE.\n\n (a) In General.--Section 411(a) of the Social Security Act (42 \nU.S.C. 611(a)) is amended--\n (1) by redesignating paragraph (7) as paragraph (8); and\n (2) by inserting after paragraph (6), the following:\n ``(7) Application of child care and development block grant \n act of 1990 reporting rules to funds expended for child care.--\n Any funds provided under this part that are expended for child \n care, whether or not transferred to the Child Care and \n Development Block Grant Act of 1990, shall be subject to the \n individual and case data reporting requirements imposed under \n that Act and need not be included in the report required by \n paragraph (1) for a fiscal quarter.''.\n (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 \nU.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental \nnutrition assistance program benefits, or subsidized child care, and if \nthe latter 2,'' and inserting ``or supplemental nutrition assistance \nprogram benefits, and if the latter,''.\n\nSEC. 7. EFFECTIVE DATE.\n\n (a) In General.--Subject to subsections (b) and (c), the amendments \nmade by this Act shall take effect on October 1, 2010, and shall apply \nto payments under part A of title IV of the Social Security Act for \ncalendar quarters beginning on or after such date, without regard to \nwhether regulations to implement the amendments are promulgated by such \ndate.\n (b) Application of Reporting Rules.--The amendments made by section \n6 shall take effect on October 1, 2011.\n (c) Delay Permitted if State Legislation Required.--In the case of \na State plan under section 402(a) of the Social Security Act which the \nSecretary of Health and Human Services determines requires State \nlegislation (other than legislation appropriating funds) in order for \nthe plan to meet the additional requirements imposed by the amendments \nmade by this Act, the State plan shall not be regarded as failing to \ncomply with the requirements of such section 402(a) solely on the basis \nof the failure of the plan to meet such additional requirements before \nthe 1st day of the 1st calendar quarter beginning after the close of \nthe 1st regular session of the State legislature that begins after the \ndate of the enactment of this Act. For purposes of the previous \nsentence, in the case of a State that has a 2-year legislative session, \neach year of such session shall be deemed to be a separate regular \nsession of the State legislature.","summary":"Children First Act of 2010 - Amends part A (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance. And (2) increase funding for child care. Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990. Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.","title":"To amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance to needy families program, and for other purposes.","text_len":5227,"sum_len":1216} {"bill_id":"105_hr2543","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare and Medicaid Provider \nReview Act of 1997''.\n\nSEC. 2. REQUIRING CERTAIN PROVIDERS TO FUND ANNUAL FINANCIAL AND \n COMPLIANCE AUDITS AS A CONDITION OF PARTICIPATION UNDER \n THE MEDICARE AND MEDICAID PROGRAMS.\n\n (a) Establishment of Annual Financial and Compliance Audit Fee \nSchedule.--Title XI of the Social Security Act, as amended by sections \n4321(c) of the Balanced Budget Act of 1997 (Public Law 105-33), is \namended by inserting after section 1146 the following new section:\n\n ``compliance and financial audit fee schedule\n\n ``Sec. 1147. (a) Establishment.--\n ``(1) In general.--Subject to subsection (c), the Secretary \n shall--\n ``(A) establish a schedule of hourly rates for the \n conduct of annual financial and compliance audits \n during each fiscal year for all health care providers \n described in subsection (b) that receive payment under \n title XVIII or XIX during the year; and\n ``(B) provide for the conduct, in a separate office \n within the Department of Health and Human Services, of \n such audits by specially trained and qualified \n personnel of each provider's substantial compliance \n with the requirements for payment to such provider \n under title XVIII, title XIX, or both (whichever is \n applicable), including requirements relating to medical \n necessity and appropriate coding and documentation for \n services and supplies provided.\n ``(2) Scope of audits.--An audit of a provider under \n paragraph (1)(B) shall include, as appropriate, audits of \n related entities (including businesses owned, in whole or in \n part, by the provider).\n ``(b) Covered Providers.--\n ``(1) In general.--Subject to paragraph (2), each of the \n following is a health care provider described in this \n subsection:\n ``(A) A hospital.\n ``(B) A skilled nursing facility or nursing \n facility.\n ``(C) A home health agency.\n ``(D) A hospice program.\n ``(E) A provider of clinical laboratory services.\n ``(F) A provider of ambulance services.\n ``(2) Low volume provider exemption.--The Secretary may \n exclude a particular health care provider described in \n paragraph (1) if the Secretary finds that the provider receives \n a small amount of revenues from titles XVIII and XIX.\n ``(c) Requiring Maintenance of Appropriation Level.--No rates shall \nbe collected under subsection (a) and no audits conducted under such \nsubsection for a fiscal year if the amount appropriated and available \nfor the conduct of audits of the type described in subsection (a)(1)(B) \nfor the fiscal year is less than the amount so appropriated for fiscal \nyear 1998 or for the fiscal year preceding the fiscal year involved, \nwhichever is greater.\n ``(d) Use of Funds Exclusively for Financial and Compliance \nAudits.--Annual payments made to the Secretary under sections \n1866(a)(1)(T), 1862(a)(22), and 1903(i)(19) in the amounts specified \nunder subsection (a) are hereby appropriated to the Secretary for the \nsole purpose of conducting audits described in subsection (a).''.\n (b) Application under Medicare Program.--\n (1) Payment requirement for hospitals, skilled nursing \n facilities, home health agencies, and hospice programs.--\n Section 1866(a)(1) of the Social Security Act, as amended by \n section 4321(b) of the Balanced Budget Act of 1997 (42 U.S.C. \n 1395cc), is amended--\n (A) by striking ``and'' at the end of subparagraph \n (R),\n (B) by striking the period at the end of \n subparagraph (S), and\n (C) by inserting after subparagraph (S) the \n following new subparagraph:\n ``(T) in the case of a hospital, skilled nursing facility, \n home health agency, or hospice program, subject to section \n 1147(c), to provide for annual payment to the Secretary of the \n appropriate amount specified under section 1147(a) as necessary \n for the conduct of an annual financial and compliance audit of \n the hospital, facility, agency, or program under such \n section.''.\n (2) Requirement for ambulance services and clinical \n laboratories.--Section 1862(a) of the Social Security Act (42 \n U.S.C. 1395y(a)), as amended by sections 4319(b), 4432(b), \n 4507(a)(2)(B), 4541(b), and 4603(c)(2)(C) of the Balanced \n Budget Act of 1997, is amended--\n (A) by striking ``or'' at the end of paragraph \n (20),\n (B) by striking the period at the end of paragraph \n (21) and inserting ``; or'', and\n (C) by inserting after paragraph (21) the following \n new paragraph:\n ``(22) where such expenses are for ambulance services or \n clinical laboratory services unless, subject to section \n 1147(c), the provider of such services has provided for annual \n payment to the Secretary of the appropriate amount specified \n under section 1147(a) as necessary for the conduct of an annual \n financial and compliance audit of the provider under such \n section.''.\n (c) Medicaid.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as \namended by sections 4724(a) and 4724(b) of the Balanced Budget Act of \n1997 (Public Law 105-33), is amended--\n (1) by striking ``or'' at the end of paragraph (17),\n (2) by striking the period at the end of paragraph (18) and \n inserting ``; or'', and\n (3) by inserting after paragraph (18) the following new \n paragraph:\n ``(19) with respect to any amount expended for services \n furnished by a covered provider described in section 1147(b) \n unless, subject to section 1147(c), the provider has provided \n for annual payment to the Secretary of the appropriate amount \n specified under section 1147(a) as necessary for the conduct of \n an annual financial and compliance audit of the provider under \n such section.''.\n (d) Report on Auditing Agencies.--\n (1) Study.--The Secretary of Health and Human Services \n shall conduct a study of the examining and accrediting agencies \n that conduct audits and inspections of covered providers \n (described in section 1147(b) of the Social Security Act, as \n added by subsection (a)). Such study shall include an \n examination of the audits and inspections conducted by such \n agencies.\n (2) Report.--Based on the study conducted under paragraph \n (1), the Secretary shall submit to Congress, by not later than \n June 1, 1999, a report that includes recommendations on how \n best to coordinate and consolidate these audits and inspections \n to minimize unnecessary duplication.\n (e) Effective Date.--The amendments made by subsections (a) through \n(c) shall take effect as of January 1, 1998.","summary":"Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid). And (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.","title":"Medicare and Medicaid Provider Review Act of 1997","text_len":7499,"sum_len":1016} {"bill_id":"111_hr5101","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wildlife Corridors Conservation Act \nof 2010''.\n\nSEC. 2. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION \n PROGRAM.\n\n (a) Establishment.--Within 6 months after the date of enactment of \nthis Act, the Secretary of the Interior, in cooperation with the States \nand Indian tribes, shall establish a National Fish and Wildlife Habitat \nand Corridors Information Program in accordance with the requirements \nof this section.\n (b) Purpose.--The purpose of this program is to--\n (1) support States and Indian tribes in the development of \n a geographic information system database of fish and wildlife \n habitat and corridors that would inform planning and \n development decisions within each State and Indian tribe, \n enable each State and Indian tribe to model climate impacts and \n adaptation, and provide geographically specific enhancements of \n State and tribal wildlife action plans;\n (2) ensure the collaborative development, with the States \n and Indian tribes, of a comprehensive, national geographic \n information system database of maps, models, data, surveys, \n informational products, and other geospatial information \n regarding fish and wildlife habitat and corridors, that--\n (A) is based on consistent protocols for sampling \n and mapping across landscapes that take into account \n regional differences; and\n (B) that utilizes--\n (i) existing and planned State- and tribal-\n based geographic information system databases; \n and\n (ii) existing databases, analytical tools, \n metadata activities, and other information \n products available through the National \n Biological Information Infrastructure \n maintained by the Secretary and nongovernmental \n organizations; and\n (3) facilitate the use of such databases by Federal, State, \n local, and tribal decisionmakers to incorporate qualitative and \n quantitative information on fish and wildlife habitat and \n corridors at the earliest possible stage to--\n (A) prioritize and target natural resources \n adaptation strategies and activities;\n (B) avoid, minimize, and mitigate the impacts on \n fish and wildlife habitat and corridors in siting \n energy development, water, transmission, \n transportation, and other land use projects;\n (C) assess the impacts of existing development on \n habitats and corridors; and\n (D) develop management strategies to enhance the \n ability of native fish, wildlife, and plant species to \n migrate or respond to shifting habitats within existing \n habitats and corridors.\n (c) Habitat and Corridors Information System.--\n (1) In general.--The Secretary, in cooperation with the \n States and Indian tribes, shall develop a Habitat and Corridors \n Information System.\n (2) Contents.--The System shall--\n (A) include maps, data, and descriptions of fish \n and wildlife habitat and corridors, that--\n (i) have been developed by Federal \n agencies, State wildlife agencies and natural \n heritage programs, Indian tribes, local \n governments, nongovernmental organizations, and \n industry; and\n (ii) meet accepted Geospatial \n Interoperability Framework data and metadata \n protocols and standards;\n (B) include maps and descriptions of projected \n shifts in habitats and corridors of fish and wildlife \n species in response to climate change;\n (C) assure data quality and make the data, models, \n and analyses included in the System available at scales \n useful to decisionmakers--\n (i) to prioritize and target natural \n resources adaptation strategies and activities;\n (ii) to assess the impacts of proposed \n energy development, water, transmission, \n transportation, and other land use projects and \n avoid, minimize, and mitigate those impacts on \n habitats and corridors;\n (iii) to assess the impacts of existing \n development on habitats and corridors; and\n (iv) to develop management strategies to \n enhance the ability of fish, wildlife, and \n plant species to migrate or respond to shifting \n habitats within existing habitats and \n corridors;\n (D) establish a coordinated process for updating \n maps and other information as landscapes, habitats, \n corridors, and wildlife populations change or as other \n information becomes available;\n (E) encourage the development of collaborative \n plans by Federal and State agencies and Indian tribes \n to monitor and evaluate the efficacy of the System to \n meet the needs of decisionmakers;\n (F) identify gaps in habitat and corridor \n information, mapping, and research that should be \n addressed to fully understand and assess current data \n and metadata, and to prioritize research and future \n data collection activities for use in updating the \n System and provide support for those activities;\n (G) include mechanisms to support collaborative \n research, mapping, and planning of habitats and \n corridors by Federal and State agencies, Indian tribes, \n and other interested stakeholders;\n (H) incorporate biological and geospatial data on \n species and corridors affected by energy development \n and transmission plans, including renewable energy \n initiatives, transportation, and other land use plans;\n (I) be based on the best scientific information \n available; and\n (J) identify, prioritize, and describe key parcels \n of non-Federal land located within the boundaries of \n units of the National Park System, National Wildlife \n Refuge System, National Forest System, or National \n Grassland System that are critical to maintenance of \n wildlife habitat and migration corridors.\n (d) Financial and Other Support.--The Secretary may provide support \nto the States and Indian tribes, including financial and technical \nassistance, for activities that support the development and \nimplementation of the System.\n (e) Coordination.--The Secretary, in cooperation with the States \nand Indian tribes, shall make recommendations on how the information \ndeveloped in the System may be incorporated into existing relevant \nState and Federal plans affecting fish and wildlife, including land \nmanagement plans, the State Comprehensive Wildlife Conservation \nStrategies, and appropriate tribal conservation plans, to ensure that \nthey--\n (1) prevent unnecessary habitat fragmentation and \n disruption of corridors;\n (2) promote the landscape connectivity necessary to allow \n wildlife to move as necessary to meet biological needs, adjust \n to shifts in habitat, and adapt to climate change; and\n (3) minimize the impacts of energy, development, water, \n transportation, and transmission projects and other activities \n expected to impact habitat and corridors.\n (f) Definitions.--In this section:\n (1) Geospatial interoperability framework.--The term \n ``Geospatial Interoperability Framework'' means the strategy \n utilized by the National Biological Information Infrastructure \n that is based upon accepted standards, specifications, and \n protocols adopted through the International Standards \n Organization, the Open Geospatial Consortium, and the Federal \n Geographic Data Committee, to manage, archive, integrate, \n analyze, and make accessible geospatial and biological data and \n metadata.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (g) Authorization of Appropriations.--To carry out this section \nthere is authorized to be appropriated to the Secretary $1,000,000.\n\nSEC. 3. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.\n\n (a) Federal Trust Responsibility.--Nothing in this Act is intended \nto amend, alter, or give priority over the Federal trust responsibility \nto Indian tribes.\n (b) Exemption From FOIA.--Information received by a Federal agency \npursuant to this Act relating to the location, character, or ownership \nof human remains of a person of Indian ancestry; or resources, cultural \nitems, uses, or activities identified by an Indian tribe as traditional \nor cultural because of the long-established significance or ceremonial \nnature to the Indian tribe; shall not be subject to disclosure under \nsection 552 of title 5, United States Code, if the head of the agency, \nin consultation with the Secretary of the Interior and an affected \nIndian tribe, determines that disclosure may--\n (1) cause a significant invasion of privacy;\n (2) risk harm to the human remains or resources, cultural \n items, uses, or activities; or\n (3) impede the use of a traditional religious site by \n practitioners.\n (c) Application of Other Law.--The Secretary of the Interior may \napply the provisions of Public Law 93-638 where appropriate in the \nimplementation of this subpart.\n\nSEC. 4. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION PROGRAM.\n\n (a) Establishment of Program.--\n (1) In general.--Subject to paragraph (2), the Secretary of \n the Interior shall transfer amounts in the Wildlife Corridors \n Stewardship and Protection Fund established by this section, \n without further Act of appropriation, to the National Fish and \n Wildlife Foundation for use by the Foundation to establish and \n implement a Wildlife Corridors Stewardship and Protection Grant \n Program in accordance with this section to fund projects to \n advance important wildlife corridor stewardship and protection.\n (2) Administrative expenses.--The Secretary of the Interior \n may transfer funds to the Foundation under this subsection in \n advance, without regard to when expenses are incurred. The \n funds transferred shall be subject to the provisions of the \n National Fish and Wildlife Foundation Establishment Act, \n excluding subsection (a) of section 10 of that Act (16 U.S.C. \n 3709(a)).\n (b) Project Applicants.--A project proposal may be submitted to the \nFoundation for funding under the Program only by--\n (1) an individual, corporation, partnership, non-\n governmental organization, trust, association, or other private \n entity; or\n (2) an officer, employee, agent, department, or \n instrumentality of the Federal Government, of any State, \n municipality, or political subdivision of a State.\n (c) Project Selection.--The Foundation, in consultation with the \nSecretary, shall select for funding under the Program projects that \nwill have the most significant on-the-ground impact for wildlife \nspecies of greatest conservation need by--\n (1) enhancing the management and stewardship of important \n wildlife corridors identified by State or Federal agencies; or\n (2) protecting important wildlife corridors identified by \n State or Federal agencies.\n (d) Cost Sharing.--The Federal share of the cost of each project \nfunded under the Program shall be not greater than 50 percent, and the \nnon-Federal share required for such a project shall not be derived from \nany Federal grant program and may be paid in cash or in kind.\n (e) Administrative Expenses.--Of amounts transferred to the \nFoundation under this section each fiscal year, the Foundation may \nexpend not more than 5 percent or $100,000, whichever is greater, to \npay the administrative expenses necessary to administer the Program.\n (f) Wildlife Corridors Stewardship and Protection Fund.--\n (1) Establishment.--There is established in the Treasury a \n separate account, which shall be known as the ``Wildlife \n Corridors Stewardship and Protection Fund''. The Secretary of \n the Treasury shall deposit into the Fund--\n (A) all amounts received by the Secretary of the \n Interior in the form of donations for wildlife corridor \n stewardship and protection under this section; and\n (B) other amounts appropriated to the Fund.\n (2) Donations.--The Secretary may accept donations of funds \n for wildlife corridor stewardship and protection under this \n section.\n\nSEC. 5. WILDLIFE CORRIDOR MANAGEMENT ON PUBLIC LANDS.\n\n (a) Finding.--Section 102(a)(8) of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1701(a)(8)) is amended by inserting \n``, including important wildlife corridors,'' before ``in their natural \ncondition''.\n (b) Definition of Areas of Critical Environmental Concern.--Section \n103(a) of the Federal Land Policy and Management Act of 1976 (43 \nU.S.C.1702(a)) is amended by inserting ``(including important wildlife \ncorridors)'' after ``fish and wildlife resources''.\n\nSEC. 6. NATIONAL FOREST SYSTEM RESOURCE PLANNING.\n\n Section 6(e)(1) of the Forest and Rangeland Renewable Resources Act \nof 1974 (16 U.S.C. 1604(e)(1)) is amended by inserting ``important \nwildlife corridors,'' before ``and wilderness''.\n\nSEC. 7. TRANSPORTATION PROGRAMS.\n\n (a) Accommodation of Wildlife Movement.--As a condition for the \nreceipt of Federal assistance for a highway construction project under \ntitle 23, United States Code, the Secretary of Transportation may \nensure that a State or other recipient of such assistance gives the \naccommodation of wildlife movement full consideration during the \ndevelopment and construction of the project, as it relates to--\n (1) improving motorist safety;\n (2) reducing wildlife mortality on highways; and\n (3) providing ecological connectivity to support population \n viability and other wildlife conservation objectives.\n (b) Specific Conditions.--In carrying out subsection (a), the \nSecretary shall ensure that a State or other recipient of assistance \nunder title 23, United States Code--\n (1) considers incorporating wildlife crossings in any \n highway construction project carried out using such assistance, \n and incorporates wildlife crossings in the project, if \n appropriate;\n (2) provides to the Secretary a statement of reasons \n explaining the extent of wildlife crossings to be included in \n such highway construction projects or why wildlife crossings \n are not appropriate; and\n (3) utilizes the best available commercial and scientific \n data in making determinations on incorporating wildlife \n crossings in such highway construction projects.\n\nSEC. 8. AGRICULTURAL CONSERVATION PROGRAMS.\n\n (a) Special Rule Involving Payments for Foregone Income.--Section \n1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(3)) \nis amended to read as follows:\n ``(3) Special rule involving payments for foregone \n income.--In determining the amount and rate of payments under \n paragraph (2)(B), the Secretary may accord great significance \n to a practice that, as determined by the Secretary, promotes--\n ``(A) residue management;\n ``(B) nutrient management;\n ``(C) air quality management;\n ``(D) invasive species management;\n ``(E) pollinator habitat;\n ``(F) animal carcass management technology;\n ``(G) pest management; or\n ``(H) wildlife corridor management.''.\n (b) Encouragement of Pollinator Development and Protection or \nImportant Wildlife Corridor Stewardship and Protection.--Section \n1244(h) of the Food Security Act of 1985 (16 U.S.C. 3844(h)) is amended \nto read as follows:\n ``(h) Encouragement of Pollinator Development and Protection or \nImportant Wildlife Corridor Stewardship and Protection.--In carrying \nout any conservation program administered by the Secretary, the \nSecretary may, as appropriate, encourage--\n ``(1) the development of habitat for native and managed \n pollinators;\n ``(2) the stewardship of habitat in important wildlife \n corridors; and\n ``(3) the use of conservation practices that benefit native \n and managed pollinators or important wildlife corridors \n identified as such by a State.''.","summary":"Wildlife Corridors Conservation Act of 2010 - Establishes a National Fish and Wildlife Habitat and Corridors Information Program for the purposes of: (1) supporting states and Indian tribes in the development of a geographic information system database of fish and wildlife habitat and corridors that would inform planning and development decisions. And (2) facilitating the use of such databases, including the Habitat and Corridors Information System, by federal, state, local, and tribal decisionmakers to incorporate qualitative and quantitative information on such habitat and corridors at the earliest possible stage. Requires the development of a Habitat and Corridors Information System, as described in this Act. Bars certain information regarding the human remains of persons of Indian ancestry, or traditional or cultural resources, items, uses, or activities from disclosure under the Freedom of Information Act (FOIA), if specified determinations are made regarding such disclosure. Directs the National Fish and Wildlife Foundation to establish a Wildlife Corridors Stewardship and Protection Grant Program to fund projects by eligible applicants to advance important wildlife corridor stewardship and protection. States that it is US policy, where appropriate, to manage important wildlife corridors in a manner that will preserve and protect their natural condition. Includes important wildlife corridors as areas of critical environmental concern. Requires coordination of important wildlife corridors under National Forest System land and resource management plans. Authorizes the Secretary of Agriculture (USDA): (1) under the Environmental Quality Incentives Program, in determining the amount and rate of payments involving foregone income of a producer, to accord great significance to a practice that promotes wildlife corridor management. And (2) in carrying out any USDA-administered conservation program, to encourage the stewardship of habitat in important wildlife corridors and the use of conservation practices that benefit important wildlife corridors identified as such by a state.","title":"To expand the science and stewardship of America's most important wildlife corridors.","text_len":17973,"sum_len":2113} {"bill_id":"114_hr3424","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Moving to Work Reform Act of 2015''.\n\nSEC. 2. TERMS OF MOVING TO WORK AGREEMENTS.\n\n The Secretary of Housing and Urban Development may not enter into \nor extend any Moving to Work agreement for any public housing agency \nfor participation in the demonstration established under section 204 of \nthe Departments of Veterans Affairs and Housing and Urban Development, \nand Independent Agencies Appropriations Act, 1996 (Public Law 104-134; \n110 Stat. 1321), unless such agreement is subject to the following \nterms and conditions for the entire duration of such agreement:\n (1) Evaluation of major policy changes.--A public housing \n agency may not newly establish any rent policy that raises rent \n burdens for a significant portion of participating families, \n any time limitation on the term of housing assistance, or any \n policy that conditions receipt of housing assistance from \n program funds on employment status, unless--\n (A) the policy change will be subject to a detailed \n evaluation using a rigorous research methodology which \n includes, at least in part, random assignment to \n treatment and control groups to compare the impact on \n assisted families (including families that cease to \n receive assistance during the term of the evaluation) \n to similar families not subject to such policy change; \n and\n (B) the Secretary determines that adequate Federal \n or other resources are available to undertake the \n required evaluation.\n (2) Use of tenant-based rental assistance funds.--A public \n housing agency may use funds appropriated for renewal of \n tenant-based rental assistance only for payments to or on \n behalf of eligible families that assist such families with \n housing costs, except that up to 10 percent of such funds may \n be used for other eligible purposes, subject to such \n requirements as the Secretary shall establish.\n (3) Determination of tenant-based rental assistance \n funding.--A public housing agency shall receive funding for \n renewal of tenant-based rental assistance determined using the \n same formula applied to public housing agencies that do not \n participate in the demonstration, except that up to 10 percent \n of such funds may be renewed by adjusting the prior year's \n funding by an inflation factor determined by the Secretary.\n (4) Prohibition of reduction in number of families \n assisted.--A public housing agency shall provide ongoing \n housing assistance resulting in average cost burdens no higher \n than those of families assisted under sections 8 and 9 of the \n United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to \n substantially the same number of eligible low-income families \n as the agency could assist if it expended the full amount of \n funding it receives under such sections 8 and 9 pursuant to the \n requirements of such sections.\n (5) Housing choice.--If the Secretary determines that a \n disproportionately low share of families assisted by a public \n housing agency using funds appropriated pursuant to sections 8 \n and 9 of the United States Housing Act of 1937 lives in \n neighborhoods with low crime, high-performing schools, or other \n indicators of high opportunity, the public housing agency shall \n develop and implement a plan to expand families' access to such \n neighborhoods.\n (6) Determination of public housing operating funding.--A \n public housing agency shall receive funding for operation and \n management of public housing determined using the same formula \n applied to public housing agencies that do not participate in \n the demonstration, except that, for an agency that currently \n receives such funding under an alternative formula established \n by its Moving to Work agreement, the Secretary shall phase in \n the requirements of this paragraph in a manner sufficient so as \n to avoid reducing funding by more than 10 percent per year.\n (7) Retained provisions.--The Secretary shall not waive any \n of the following provisions of the United States Housing Act of \n 1937:\n (A) Subsections (a)(2)(A) and (b)(1) of section 16 \n (42 U.S.C. 1437n; relating to targeting for new \n admissions).\n (B) Section 2(b) (42 U.S.C. 1437(b); relating to \n tenant representatives on the public housing agency \n board of directors).\n (C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2); \n relating to definitions for the terms ``low-income \n families'', ``very low-income families'', and \n ``extremely low-income families'').\n (D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating \n to the formation of and consultation with a resident \n advisory board).\n (E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C. \n 1437d(f)(1), 1437f(o)(8)(B); relating to compliance of \n units assisted with housing quality standards or other \n codes).\n (F) Section 6(k) (42 U.S.C. 1437d(k); relating to \n grievance procedures for public housing tenants).\n (G) Section 7 (42 U.S.C. 1437e; relating to \n designation of housing for elderly and disabled \n households).\n (H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee), \n 1437d(n); relating to records, certification and \n confidentiality regarding domestic violence).\n (I) Paragraphs (3) and (4)(i) of section 6(c) and \n sections 982.552 and 982.553 of the Secretary's \n regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552, \n 982.553; relating to rights of applicants).\n (J) Section 6(l) (42 U.S.C. 1437d(l); relating to \n public housing lease requirements), except that for \n units assisted both with program funds and low-income \n housing tax credits, the initial lease term may be less \n than 12 months if required to conform lease terms with \n such tax credit requirements.\n (K) Subparagraphs (C) through (F) of section \n 8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o); \n relating to lease requirements and eviction protections \n for families assisted with tenant-based assistance).\n (L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B); \n relating to the 20-percent portfolio cap on the use of \n voucher funds for project-based vouchers), except as \n follows:\n (i) A public housing agency that, pursuant \n to a Moving to Work agreement in effect on the \n date of the enactment of this Act, is using or \n has committed voucher funds as of such date of \n enactment for project-based vouchers in excess \n of the 20-percent cap may continue to use such \n funds in excess of such cap, but not in excess \n of the percentage in use or committed as of \n such date of enactment pursuant to such \n agreement, or as specified in clause (ii), \n whichever is higher.\n (ii) A public housing agency may use \n voucher funds for project-based vouchers in \n excess of the 20-percent cap, but not to exceed \n 35 percent, if such use meets one of the \n following criteria:\n (I) The project-based vouchers \n serve homeless or other special needs \n families, as defined by the Secretary.\n (II) The project-based vouchers are \n used in a low-poverty area, as defined \n by the Secretary.\n (III) The project-based vouchers \n are used in connection with a \n demonstration of a project-based \n program that is subject to evaluation \n by the Secretary.\n (M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E); \n relating to the ability of families with project-based \n vouchers to move, using tenant-based vouchers, after 12 \n months of occupancy), unless the Secretary determines \n that waiver of such section is necessary to implement \n transitional or time-limited housing policies subject \n to evaluation described in paragraph (1) of this \n section.\n (N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1); \n relating to the portability of vouchers).\n (O) The following requirements applicable to \n resident councils and jurisdiction-wide resident \n organizations:\n (i) Establishment of resident councils and \n resident organizations under section 20 (42 \n U.S.C. 1437r).\n (ii) Minimum amount of public housing \n agency support for such councils and \n organizations under section 20.\n (iii) Involvement of such councils and \n organizations in public housing agency \n operations, as authorized under sections \n 3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C. \n 1437a(c)(2), 1437d(c)(5)(C), 1437g(e)).\n\nSEC. 3. ASSESSMENT OF DEMONSTRATION.\n\n The Secretary of Housing and Urban Development shall conduct a \ncomprehensive evaluation of the Moving to Work demonstration and, upon \ncompletion of the evaluation, submit to the Congress a report--\n (1) describing and analyzing the risks and potential \n benefits of expanding the Moving to Work demonstration program \n to additional agencies compared to those of maintaining the \n demonstration program at its current size; and\n (2) identifying reforms, and selection criteria in case the \n demonstration program is expanded, that would improve the \n program's effectiveness in testing innovative policies while \n minimizing adverse effects on low-income families and ensuring \n efficient use of Federal funds to meet the most pressing \n housing needs.","summary":"Moving to Work Reform Act of 2015 This bill prohibits the Department of Housing and Urban Development (HUD) from entering into or extending any Moving to Work agreement for any public housing agency (PHA) for participation in the Moving to Work Demonstration Program, unless the agreement is subject to specified terms and conditions set forth by this Act for its entire duration. Under such an agreement a PHA: may not establish any new rent policy that raises rent burdens for a significant portion of participating families, or causes specified other results, unless certain conditions are met. May use funds appropriated for renewal of tenant-based rental assistance only for payments assisting eligible families with housing costs. Shall receive funding for renewal of tenant-based rental assistance under the same formula applied to nonparticipating PHAs. Must provide ongoing housing assistance to substantially the same number of eligible low-income families as it could assist ordinarily but with average cost burdens no higher than those of families assisted under Sections 8 and 9 of the United States Housing Act of 1937. And develop and implement a plan to expand families' access to neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, if a disproportionately low share of PHA-assisted families lives in such neighborhoods. HUD may not waive specified housing-related requirements. HUD must conduct a comprehensive evaluation of the Demonstration Program to: analyze the risks and potential benefits of expanding it to additional agencies. And identify reforms, and selection criteria in case the Demonstration Program is expanded, that would improve its effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of federal funds to meet the most pressing housing needs.","title":"Moving to Work Reform Act of 2015","text_len":11437,"sum_len":1897} {"bill_id":"109_hr5002","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeland Security Information \nSharing Partnerships Act of 2006''.\n\nSEC. 2. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER \n INITIATIVE.\n\n (a) In General.--Subtitle A of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 203. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION \n CENTER INITIATIVE.\n\n ``(a) Establishment.--The Secretary shall establish a State, Local, \nand Tribal Information Fusion Center Initiative to establish \npartnerships with State, local, tribal, and regional information fusion \ncenters.\n ``(b) Duties.--Through the State, Local, Tribal, and Regional \nInformation Fusion Center Initiative, the Secretary shall--\n ``(1) coordinate with the principal official of each State, \n local, tribal, or regional information fusion center and the \n official designated as the Homeland Security Advisor of the \n State;\n ``(2) provide Department operational and intelligence \n advice and assistance to State, local, tribal, and regional \n information fusion centers;\n ``(3) support efforts to include State, local, tribal, and \n regional information fusion centers into efforts to establish \n an information sharing environment (as defined under section \n 1016(2) of the Intelligence Reform and Terrorism Prevention Act \n of 2004 (Public Law 108-458; 118 Stat. 3665));\n ``(4) conduct table-top and live training exercises to \n regularly assess the capability of individual and regional \n networks of State, local, tribal, and regional information \n fusion centers to integrate the efforts of such networks with \n the efforts of the Department;\n ``(5) coordinate with other relevant Federal entities \n engaged in homeland security-related activities;\n ``(6) provide analytic and reporting advice and assistance \n to State, local, tribal, and regional information fusion \n centers;\n ``(7) review homeland security information gathered by \n State, local, tribal, and regional information fusion centers \n and incorporate relevant information with homeland security \n information of the Department;\n ``(8) Provide management assistance to State, local, \n tribal, and regional information fusion centers;\n ``(9) Serve as a point of contact to ensure the \n dissemination of relevant homeland security information.\n ``(10) facilitate close communication and coordination \n between State, local, tribal, and regional information fusion \n centers and the Department;\n ``(11) provide State, local, tribal, and regional \n information fusion centers with expertise on Department \n resources and operations;\n ``(12) provide training to State, local, tribal, and \n regional information fusion centers and encourage such \n information fusion centers to participate in terrorist threat-\n related exercises conducted by the Department; and\n ``(13) carry out such other duties as the Secretary \n determines are appropriate.\n ``(c) Definition of State, Local, Tribal, or Regional Information \nFusion Center.--For purposes of this section, the term `State, local, \ntribal, or regional information fusion center' means a local or \nregional center comprised of State, local, or tribal governmental \nentities that--\n ``(1) serves as a data analysis and dissemination center \n for potentially relevant homeland security information;\n ``(2) is managed by a state, local, or tribal government \n entity; and\n ``(3) is designated as a State, local, tribal, or regional \n information fusion center by the Secretary.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is further amended by adding at the end of the items relating \nto such subtitle the following:\n\n``Sec. 203. State, Local, Tribal, and Regional Information Fusion \n Center Initiative''.\n (c) Reports.--\n (1) Concept of operations.--Not later than 90 days after \n the date of the enactment of this Act and before the State, \n Local, Tribal, and Regional Information Fusion Center \n Initiative under section 203 of the Homeland Security Act of \n 2002, as added by subsection (a), has been implemented, the \n Secretary shall submit to the Committee on Homeland Security \n and Governmental Affairs of the Senate and the Committee on \n Homeland Security of the House of Representatives a report that \n contains a concept of operations for the Initiative, which \n shall include a privacy and civil liberties impact assessment.\n (2) Privacy and civil liberties.--\n (A) Review of concept of operations.--Not later \n than 180 days after the date on which the report under \n paragraph (1) is submitted, the Privacy Officer of the \n Department of Homeland Security and the Officer for \n Civil Rights and Civil Liberties of the Department of \n Homeland Security shall review the privacy and civil \n liberties implications of the Initiative and the \n concept of operations and report any concerns to the \n Secretary of Homeland Security and the Under Secretary \n of Homeland Security for Intelligence and Analysis. The \n Secretary may not implement the Initiative until the \n Privacy Officer and the Officer for Civil Rights and \n Civil Liberties have certified that any privacy or \n civil liberties concerns have been addressed.\n (B) Review of privacy impact.--Under the authority \n of section 222(5) of the Homeland Security Act of 2002 \n (6 U.S.C. 142(5)), not later than one year after the \n date on which the State, Local, Tribal, and Regional \n Information Fusion Center Initiative is implemented, \n the Privacy Officer of the Department of Homeland \n Security, in consultation with the Officer for Civil \n Rights and Civil Liberties of the Department of \n Homeland Security, shall submit to Congress, the \n Secretary of Homeland Security, and the Under Secretary \n of Homeland Security for Intelligence and Analysis a \n report on the privacy and civil liberties impact of the \n Initiative.\n\nSEC. 3. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.\n\n (a) Establishment of Program.--Subtitle A of title II of the \nHomeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by \nsection 2 is further amended by adding at the end the following:\n\n``SEC. 204. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.\n\n ``(a) Establishment.--\n ``(1) In general.--The Secretary, acting through the Under \n Secretary for Intelligence and Analysis, shall establish a \n fellowship program in accordance with this section for the \n purpose of--\n ``(A) detailing State, local, and tribal analysts \n and law enforcement officials and officers to the \n Department to participate in the work of the Office of \n Intelligence and Analysis in order to become familiar \n with--\n ``(i) the mission and capabilities of the \n Office of Intelligence and Analysis; and\n ``(ii) the role, programs, products, and \n personnel of the Office of Intelligence and \n Analysis; and\n ``(B) promoting information sharing between the \n Department and State, local, and tribal analysts and \n law enforcement agencies by stationing analysts and law \n enforcement officers alongside Department intelligence \n analysts in order to--\n ``(i) serve as a point of contact in the \n Department to assist in the representation of \n State, local, and tribal homeland security \n information needs;\n ``(ii) identify homeland security \n information of interest to State, local, and \n tribal analysts and law enforcement officers; \n and\n ``(iii) assist Department analysts in \n preparing and disseminating terrorism-related \n products that are tailored to State, local, and \n tribal analysts and law enforcement agencies \n and designed to help thwart terrorist attacks.\n ``(2) Program name.--The program under this section shall \n be known as the `Homeland Security Information Sharing Fellows \n Program'.\n ``(b) Eligibility.--\n ``(1) In general.--In order to be eligible for selection as \n an Information Sharing Fellow under the program, an individual \n must--\n ``(A) have homeland security-related \n responsibilities or law enforcement-related \n responsibilities;\n ``(B) be eligible for an appropriate national \n security clearance;\n ``(C) possess a valid need for access to classified \n information, as determined by the Under Secretary for \n Intelligence and Analysis; and\n ``(D) be an employee of an eligible entity.\n ``(2) Eligible entities.--For purposes of this subsection, \n the term `eligible entity' means--\n ``(A) a State, local, tribal, or regional fusion \n center;\n ``(B) a State or local law enforcement or other \n government entity that serves a major metropolitan \n area, as determined by the Secretary;\n ``(C) a State or local law enforcement or other \n government entity that serves a suburban or rural area, \n as determined by the Secretary;\n ``(D) a State or local law enforcement or other \n government entity with port responsibilities, as \n determined by the Secretary;\n ``(E) a State or local law enforcement or other \n government entity with border responsibilities, as \n determined by the Secretary;\n ``(F) a State or local law enforcement or other \n government entity with agricultural responsibilities, \n as determined by the Secretary;\n ``(G) a tribal law enforcement or other authority; \n or\n ``(H) such other entity as the Secretary determines \n is appropriate.\n ``(c) Optional Participation.--No State, local, or tribal law \nenforcement or other government entity shall be required to participate \nin the Homeland Security Information Sharing Fellows Program.\n ``(d) Procedures for Nomination and Selection.--\n ``(1) In general.--The Under Secretary shall establish \n procedures to provide for the nomination and selection of \n individuals to participate in the Homeland Security Information \n Sharing Fellows Program.\n ``(2) Limitations.--The Under Secretary shall--\n ``(A) select analysts and law enforcement officers \n representing a broad cross-section of State, local, and \n tribal agencies; and\n ``(B) ensure that the number of Information Sharing \n Fellows selected does not impede the activities of the \n Office of Intelligence and Analysis.\n ``(e) Length of Service.--Information Sharing Fellows shall serve \nfor a reasonable period of time, as determined by the Under Secretary. \nSuch period of time shall be sufficient to advance the information-\nsharing goals of the Under Secretary and encourage participation by as \nmany qualified nominees as possible.\n ``(f) Condition.--As a condition of selecting an individual as an \nInformation Sharing Fellow under the program, the Under Secretary shall \nrequire that the individual's employer agree to continue to pay the \nindividual's salary and benefits during the period for which the \nindividual is detailed.\n ``(g) Stipend.--During the period for which an individual is \ndetailed under the program, the Under Secretary shall, subject to the \navailability of appropriations provide to the individual a stipend to \ncover the individual's reasonable living expenses for that period.\n ``(h) Security Clearances.--If an individual selected for a \nfellowship under the Information Sharing Fellows Program does not \npossess the appropriate security clearance, the Under Secretary shall \nensure that security clearance processing is expedited for such \nindividual and shall ensure that each such Information Sharing Fellow \nhas obtained the appropriate security clearance prior to participation \nin the Program.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is further amended by adding at the end of the items relating \nto such subtitle the following:\n\n``Sec. 204. Homeland Security Information Sharing Fellows Program''.\n (c) Reports.--\n (1) Concept of operations.--Not later than 90 days after \n the date of the enactment of this Act and before the Homeland \n Security Information Sharing Fellows Program under section 204 \n of the Homeland Security Act of 2002, as added by subsection \n (a), has been implemented, the Secretary shall submit to the \n Committee on Homeland Security and Governmental Affairs of the \n Senate and the Committee on Homeland Security of the House of \n Representatives a report that contains a concept of operations \n for the Program, which shall include a privacy and civil \n liberties impact assessment.\n (2) Privacy and civil liberties.--\n (A) Review of concept of operations.--Not later \n than 180 days after the date on which the report under \n paragraph (1) is submitted, the Privacy Officer of the \n Department of Homeland Security and the Officer for \n Civil Rights and Civil Liberties of the Department of \n Homeland Security shall review the privacy and civil \n liberties implications of the Program and the concept \n of operations and report any concerns to the Secretary \n of Homeland Security and the Under Secretary of \n Homeland Security for Intelligence and Analysis. The \n Secretary may not implement the Program until the \n Privacy Officer and the Officer for Civil Rights and \n Civil Liberties have certified that any privacy or \n civil liberties concerns have been addressed.\n (B) Review of privacy impact.--Under the authority \n of section 222(5) of the Homeland Security Act of 2002 \n (6 U.S.C. 142(5)), not later than one year after the \n date on which the Homeland Security Information Sharing \n Fellows Program is implemented, the Privacy Officer of \n the Department of Homeland Security, in consultation \n with the Officer for Civil Rights and Civil Liberties \n of the Department of Homeland Security, shall submit to \n Congress, the Secretary of Homeland Security, and the \n Under Secretary of Homeland Security for Intelligence \n and Analysis a report on the privacy and civil \n liberties impact of the Program.","summary":"Homeland Security Information Sharing Partnerships Act of 2006 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with state, local, tribal, and regional information fusion centers . Specifies the Secretary's duties through such Initiative, including: (1) coordinating with the principal official of each state, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State. (2) providing Department of Homeland Security (DHS) operational and intelligence advice and assistance to such centers. (3) reviewing homeland security information gathered by such centers and incorporate relevant information with Department information. And (4) providing training to such centers and encourage them to participate in terrorist threat-related exercises conducted by the Department. Requires the Secretary to report to specified congressional committees with a concept of operations for the Initiative, including a privacy and civil liberties impact assessment. Directs the Secretary, acting through the Under Secretary for Intelligence and Analysis, to establish a Homeland Security Information Sharing Fellows Program.","title":"To amend the Homeland Security Act of 2002 to provide for information sharing partnerships, and for other purposes.","text_len":16482,"sum_len":1317} {"bill_id":"112_hr1530","text":"SECTION 1. ESTABLISHMENT OF AFGHANISTAN-PAKISTAN STUDY GROUP.\n\n (a) Establishment.--There is established in the legislative branch \nthe Afghanistan-Pakistan Study Group (in this Act referred to as the \n``Group'').\n (b) Sense of Congress.--It is the sense of Congress that, to the \nmaximum extent practicable, the Group should be modeled on the Iraq \nStudy Group.\n\nSEC. 2. COMPOSITION OF GROUP.\n\n (a) Members.--The Group shall be composed of 10 members, of whom--\n (1) 1 member shall be appointed by the President, who shall \n serve as a co-chair of the Group;\n (2) 1 member shall be appointed by the leader of the Senate \n (majority or minority leader, as the case may be) of the \n Republican Party, in consultation with the leader of the House \n of Representatives (majority or minority leader, as the case \n may be) of the Republican Party, who shall serve as a co-chair \n of the Group;\n (3) 2 members shall be appointed by the senior member of \n the Senate leadership of the Democratic Party;\n (4) 2 members shall be appointed by the senior member of \n the leadership of the House of Representatives of the \n Republican Party;\n (5) 2 members shall be appointed by the senior member of \n the Senate leadership of the Republican Party; and\n (6) 2 members shall be appointed by the senior member of \n the leadership of the House of Representatives of the \n Democratic Party.\n (b) Qualifications; Other Membership Requirements.--\n (1) Political party affiliation.--Not more than 5 members \n of the Group shall be from the same political party. An \n individual appointed to the Group may not be a full-time \n officer or employee of the Federal Government.\n (2) Sense of congress.--It is the sense of Congress that \n individuals appointed to the Group should be prominent United \n States citizens, with national recognition and significant \n depth of experience in such professions as diplomacy, the armed \n services, governmental service, law, intelligence gathering, \n and foreign affairs.\n (c) Deadline for Appointment.--All members of the Group shall be \nappointed not later than 30 days after the date of the enactment of \nthis Act.\n (d) Vacancies.--Any vacancy in the Group shall not affect its \npowers, but shall be filled in the same manner in which the original \nappointment was made.\n (e) Compensation.--\n (1) Prohibition on basic pay.--Members of the Group shall \n serve without pay in connection with their service for the \n Group.\n (2) Travel expenses.--While away from their homes or \n regular places of business in the performance of services for \n the Group, members of the Group shall be allowed travel \n expenses, including per diem in lieu of subsistence, in the \n same manner as persons employed intermittently in the \n Government service are allowed expenses under section 5703(b) \n of title 5, United States Code.\n (f) Initial Meeting.--The Group shall meet and begin the operations \nof the Group as soon as practicable after the date of the enactment of \nthis Act.\n (g) Quorum.--After its initial meeting, the Group shall meet upon \nthe call of the co-chairs of the Group or a majority of the members of \nthe Group. Six members of the Group shall constitute a quorum.\n\nSEC. 3. DUTIES.\n\n (a) In General.--The Group shall conduct a forward-looking, \nindependent assessment of the current and prospective situation on the \nground in Afghanistan and Pakistan, its impact on the surrounding \nregion, and its consequences for United States interests. The Group \nshall examine four broad topic areas to include the strategic \nenvironment in and around Afghanistan and Pakistan, as well as \nsecurity, political, and economic and reconstruction developments in \nthose two countries.\n (b) Report.--Not later than 120 days after the date of the \nenactment of this Act, the Group shall submit to the President and \nCongress a report on the assessment conducted under this subsection, \nincluding relevant policy recommendations relating thereto.\n\nSEC. 4. POWERS OF GROUP.\n\n (a) Rules of Procedure.--The Group may establish rules for the \nconduct of the Group's business, if such rules are not inconsistent \nwith this Act or other applicable law.\n (b) Hearings and Evidence.--The Group or, on the authority of the \nGroup, any subcommittee or member thereof, may, for the purpose of \ncarrying out this Act--\n (1) hold such hearings and sit and act at such times and \n places, take such testimony, and receive such evidence; and\n (2) require the attendance and testimony of such witnesses \n and the production of such books, records, correspondence, \n memoranda, papers, and documents, as the Group or such \n designated subcommittee or designated member may determine \n advisable.\n (c) Contracting.--The Group may, to such extent and in such amounts \nas are provided in appropriation Acts, enter into contracts to enable \nthe Group to discharge its duties under this Act.\n (d) Information From Federal Agencies.--\n (1) In general.--The Group is authorized to secure directly \n from any executive department, bureau, agency, board, \n commission, office, independent establishment, or \n instrumentality of the Government, information, suggestions, \n estimates, and statistics for the purposes of this Act. Each \n department, bureau, agency, board, commission, office, \n independent establishment, or instrumentality shall, to the \n extent authorized by law, furnish such information, \n suggestions, estimates, and statistics directly to the Group, \n upon request made by the co-chairs, the chairman of any \n subcommittee created by a majority of the Group, or any member \n designated by a majority of the Group.\n (2) Receipt, handling, storage, and dissemination.--\n Information shall only be received, handled, stored, and \n disseminated by members of the Group and its staff consistent \n with all applicable statutes, regulations, and Executive \n orders.\n (e) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the Group on a reimbursable \n basis administrative support and other services for the \n performance of the Group's duties.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed in paragraph (1), departments and \n agencies of the United States may provide to the Group such \n services, funds, facilities, and other support services as they \n may determine advisable and as may be authorized by law.\n (f) Gifts.--The Group may accept, use, and dispose of gifts or \ndonations of services or property for the purpose of facilitating the \nwork of the Group.\n (g) Postal Services.--The Group may use the United States mails in \nthe same manner and under the same conditions as departments and \nagencies of the United States.\n\nSEC. 5. STAFF OF GROUP.\n\n (a) Appointment and Compensation.--The co-chairs, in accordance \nwith rules agreed upon by the Group, may appoint and fix the \ncompensation of a staff director and such other personnel as may be \nnecessary to enable the Group to carry out its duties, without regard \nto the provisions of title 5, United States Code, governing \nappointments in the competitive service, and without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of such title \nrelating to classification and General Schedule pay rates, except that \nno rate of pay fixed under this subsection may exceed the equivalent of \nthat payable for a position at level V of the Executive Schedule under \nsection 5316 of title 5, United States Code.\n (b) Prohibition on Personnel as Federal Employees.--The positions \nof staff director and other personnel of the Group described in \nsubsection (a) may not be filled by individuals who are Federal \nGovernment employees.\n (c) Expert and Consultant Services.--The Group is authorized to \nprocure the services of experts and consultants in accordance with \nsection 3109 of title 5, United States Code, but at rates not to exceed \nthe daily rate paid a person occupying a position at level IV of the \nExecutive Schedule under section 5315 of title 5, United States Code.\n (d) Volunteer Services.--Notwithstanding section 1342 of title 31, \nUnited States Code, the Group may accept and use voluntary and \nuncompensated services as the Group determines necessary.\n\nSEC. 6. TERMINATION.\n\n (a) In General.--The Group, and all the authorities of this Act, \nshall terminate 60 days after the date on which the report is submitted \nunder section 3(b).\n (b) Administrative Activities Before Termination.--The Group may \nuse the 60-day period referred to in paragraph (1) for the purpose of \nconcluding its activities, including providing testimony to committees \nof Congress concerning its report and disseminating the report.\n\nSEC. 7. FUNDING.\n\n (a) Transfer of Funds From Bureau of South and Central Asian \nAffairs.--Of the amounts made available under the heading \n``Administration of Foreign Affairs, Diplomatic and Consular Programs'' \nfor the Bureau of South and Central Asian Affairs for fiscal year 2011, \n$1,000,000 shall be available for transfer to the Group for purposes of \ncarrying out this Act.\n (b) Prohibition on Additional Funds.--No additional funds are \nauthorized to be appropriated to carry out this Act.","summary":"Establishes in the legislative branch the Afghanistan-Pakistan Study Group which shall conduct an independent assessment of the situation in Afghanistan and Pakistan, its impact on the surrounding region, and its consequences for US interests. Expresses the sense of Congress that the Group should be modeled on the Iraq Study Group. Terminates the Group 60 days after it submits the report to the President and Congress required by this Act.","title":"To establish the Afghanistan-Pakistan Study Group.","text_len":9853,"sum_len":442} {"bill_id":"113_s2607","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Assisted Living Pilot Program for \nVeterans with Traumatic Brain Injury Extension Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The wars in Iraq and Afghanistan have resulted in a \n generation of veterans with traumatic brain injuries.\n (2) Since 2001, more than 265,000 members of the Armed \n Forces have suffered traumatic brain injuries.\n (3) Since 2001, more than 26,000 members of the Armed \n Forces have suffered moderate or severe head wounds.\n (4) Advances in medicine have kept members of the Armed \n Forces alive who have suffered head wounds that might have \n killed them in previous conflicts.\n (5) The pilot program of the Department of Veterans Affairs \n to assess the effectiveness of providing assisted living \n services to eligible veterans to enhance the rehabilitation, \n quality of life, and community integration of such veterans \n required by section 1705(a) of the National Defense \n Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 \n U.S.C. 1710C note) has provided to veterans who have moderate \n to severe traumatic brain injuries, often coupled with other \n significant physical and psychological challenges, a level of \n comprehensive, coordinated care in residential facilities \n across the United States since 2008.\n (6) The model of care practiced under the pilot program \n specified in paragraph (5) has yielded impressive results and \n helped rehabilitate dozens of veterans from severe injuries \n that are notoriously difficult to treat.\n (7) The Department of Veterans Affairs does not offer to \n veterans any alternatives to the pilot program specified in \n paragraph (5) that replicate--\n (A) the comprehensiveness of the rehabilitative \n care provided under such program;\n (B) the benefit of providing care under such \n program in a residential setting; and\n (C) the significant positive impact on veterans of \n the sustained, longer-term care provided under such \n program.\n\nSEC. 3. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING \n SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.\n\n (a) Extension of Program.--Subsection (a) of section 1705 of the \nNational Defense Authorization Act for Fiscal Year 2008 (Public Law \n110-181; 38 U.S.C. 1710C note) is amended by striking ``a five-year'' \nand inserting ``an eight-year''.\n (b) Modification of Locations.--Subsection (b) of such section is \namended--\n (1) by redesignating paragraph (2) as paragraph (3); and\n (2) by striking paragraph (1) and inserting the following \n new paragraphs:\n ``(1) In general.--The pilot program shall be carried out \n at locations selected by the Secretary for purposes of the \n pilot program.\n ``(2) Located in same region as polytrauma centers.--Of the \n locations selected under paragraph (1), at least one location \n shall be in each health care region of the Veterans Health \n Administration of the Department of Veterans Affairs that \n contains a polytrauma center of the Department of Veterans \n Affairs.''.\n (c) Modification of Report Requirements.--Subsection (e) of such \nsection is amended to read as follows:\n ``(e) Reports.--\n ``(1) Annual report.--\n ``(A) In general.--Not later than two years after \n the date of the enactment of the Assisted Living Pilot \n Program for Veterans with Traumatic Brain Injury \n Extension Act, and not later than September 30 each \n year thereafter until 2018, the Secretary shall submit \n to the Committee on Veterans' Affairs of the Senate and \n the Committee on Veterans' Affairs of the House of \n Representatives a report on the pilot program.\n ``(B) Elements.--Each report submitted under \n subparagraph (A) shall include the following:\n ``(i) The number of individuals that \n participated in the pilot program during the \n year preceding the submission of the report.\n ``(ii) The number of individuals that \n successfully completed the pilot program during \n the year preceding the submission of the \n report.\n ``(iii) The degree to which pilot program \n participants and family members of pilot \n program participants were satisfied with the \n pilot program.\n ``(iv) The interim findings and conclusions \n of the Secretary with respect to the success of \n the pilot program and recommendations for \n improvement.\n ``(2) Final report.--\n ``(A) In general.--Not later than 60 days after the \n completion of the pilot program, the Secretary shall \n submit to the Committee on Veterans' Affairs of the \n Senate and the Committee on Veterans' Affairs of the \n House of Representatives a final report on the pilot \n program.\n ``(B) Elements.--The final report required by \n subparagraph (A) shall include the following:\n ``(i) A description of the pilot program.\n ``(ii) An assessment of the utility of the \n activities under the pilot program in enhancing \n the rehabilitation, quality of life, and \n community reintegration of veterans with \n traumatic brain injury, including complex mild \n traumatic brain injury.\n ``(iii) Such recommendations as the \n Secretary considers appropriate regarding \n improving the pilot program.''.\n (d) Modification of Definitions.--\n (1) Community-based brain injury residential rehabilitative \n care services.--Such section is further amended--\n (A) in the section heading, by striking ``assisted \n living'' and inserting ``community-based brain injury \n residential rehabilitative care'';\n (B) in subsection (c), in the subsection heading, \n by striking ``Assisted Living'' and inserting \n ``Community-Based Brain Injury Residential \n Rehabilitative Care'';\n (C) by striking ``assisted living'' each place it \n appears, and inserting ``community-based brain injury \n rehabilitative care''; and\n (D) in subsection (f)(1), by striking ``and \n personal care'' and inserting ``rehabilitation, and \n personal care''.\n (2) Eligible veteran.--Subsection (f)(3) of such section is \n amended--\n (A) in subparagraph (C), by striking ``; and'' and \n inserting a semicolon;\n (B) in subparagraph (D), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(E) has a traumatic brain injury that is \n classified as complex-mild to severe.''.\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated for the Department of Veterans Affairs for fiscal year \n2015 $46,000,000 to carry out the pilot program under section 1705 of \nthe National Defense Authorization Act for Fiscal Year 2008 (Public Law \n110-181; 38 U.S.C. 1710C note), as amended by this section. The amount \nso authorized to be appropriated shall be available for obligation for \nthe three-year period beginning on the date that is one year after the \ndate of the enactment of this Act.\n (f) Effective Date.--The amendments made by this section shall take \neffect on October 1, 2014.","summary":"Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). Expands requirements for reports on the pilot program. Replaces references to quot, assisted livingquot, with the term quot, community-based brain injury residential rehabilitative care,quot. Including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe.","title":"Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act","text_len":8601,"sum_len":957} {"bill_id":"113_s2505","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wi-Fi Innovation Act''.\n\nSEC. 2. PROMOTING UNLICENSED SPECTRUM.\n\n (a) Definitions.--In this section:\n (1) Commission.--The term ``Commission'' means the Federal \n Communications Commission.\n (2) Dedicated short-range communications services.--The \n term ``Dedicated Short-Range Communications Services'' has the \n meaning given the term in section 90.7 of title 47, Code of \n Federal Regulations.\n (3) Dynamic frequency selection.--The term ``Dynamic \n Frequency Selection'' has the meaning given the term in section \n 15.403 of title 47, Code of Federal Regulations.\n (4) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' \n has the meaning given the term in section 6406(c) of the Middle \n Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. \n 1453(c)).\n (5) NTIA.--The term ``NTIA'' means the National \n Telecommunications and Information Administration.\n (6) Technical rules suitable for the widespread commercial \n development of unlicensed operations.--The term ``technical \n rules suitable for the widespread commercial development of \n unlicensed operations'' means technical rules that, to the \n maximum extent feasible--\n (A) permit outdoor unlicensed operations;\n (B) permit unlicensed operations at a maximum \n conducted transmitter output power limit of not less \n than 1 watt; and\n (C) do not require unlicensed devices to employ \n Dynamic Frequency Selection.\n (b) Modification of Regulations To Promote Unlicensed Use in the 5 \nGHz Band.--\n (1) In general.--\n (A) Provision of additional unlicensed spectrum.--\n The Commission shall modify title 47, Code of Federal \n Regulations, to provide additional unlicensed spectrum \n in the 5850-5925 MHz band under technical rules \n suitable for the widespread commercial development of \n unlicensed operations in the band, as specified under \n paragraph (2).\n (B) NTIA cooperation.--The NTIA shall facilitate \n the modification described in subparagraph (A) by \n cooperating with the Commission to identify the \n spectrum management actions necessary to accommodate \n the regulatory changes specified under paragraph (2).\n (2) Required actions and modifications.--\n (A) In general.--\n (i) Office of engineering and technology \n public notice.--Not later than 3 months after \n the date of enactment of this Act, the Office \n of Engineering and Technology of the Commission \n shall issue a public notice seeking comment on \n proposals for--\n (I) interference-mitigation \n techniques and technologies, and \n potential rechannelization, that would \n accommodate both incumbent licensees, \n including Dedicated Short Range \n Communications Services licensees, and \n widespread commercial unlicensed \n operations in the 5850-5925 MHz band; \n and\n (II) deployment timelines for the \n technologies described in subparagraph \n (I).\n (ii) NTIA response.--The NTIA, in response \n to the public notice issued under clause (i), \n shall publicly submit to the Office of \n Engineering and Technology a description of any \n current and anticipated further Federal uses of \n the 5850-5925 MHz band.\n (B) Test plan.--\n (i) In general.--Not later than 6 months \n after the date of enactment of this Act, the \n Commission shall, in consultation with the \n Department of Transportation and the NTIA, \n develop and publish a test plan, including a \n timeline, for the use of unlicensed devices in \n the 5850-5925 MHz band.\n (ii) Requirement.--The test plan developed \n and published under clause (i) shall be \n designed to allow the Commission to evaluate \n technologies for allowing unlicensed devices to \n utilize the 5850-5925 MHz band without causing \n harmful interference to incumbent licensees, \n including Dedicated Short Range Communications \n Services licensees.\n (iii) Testing multiple methods.--The \n Commission may choose to test multiple methods \n of sharing the 5850-5925 MHz band.\n (iv) Considerations.--In developing the \n test plan under clause (i), the Commission \n shall consider--\n (I) the comments filed in response \n to the public notice issued under \n subparagraph (A)(i);\n (II) the comments filed in response \n to ET Docket No. 13-49;\n (III) the functions currently \n authorized under exclusive allocation \n that could be performed by unlicensed \n or shared spectrum;\n (IV) whether a system of priority \n access could substitute for exclusive \n licensing and, if so, whether the \n system of priority access should be \n confined to--\n (aa) particular portions of \n the 5850-5925 MHz band; and\n (bb) functions critical for \n dedicated short-range \n communications crash avoidance;\n (V) whether non-exclusive licensing \n or other forms of shared spectrum \n access could substitute for exclusive \n licensing;\n (VI) whether the Commission could \n promulgate rules to migrate existing \n licensees to an alternative band;\n (VII) whether, to protect critical \n public safety communications, the \n Commission could allow sharing in only \n a portion of the 5850-5925 MHz \n spectrum; and\n (VIII) whether shared use or a \n system of priority access--\n (aa) causes harmful \n interference to incumbent \n licensees; or\n (bb) compromises safety-of-\n life uses by incumbent \n licensees that are necessary \n for advancing motor vehicle \n safety.\n (C) Testing; results.--Not later than 15 months \n after the date of enactment of this Act, the \n Commission, in consultation with the Department of \n Transportation and the NTIA, shall--\n (i) conduct testing in accordance with the \n test plan developed under subparagraph (B);\n (ii) publish a summary of the results of \n the testing to the docket relating to the 5850-\n 5925 MHz band; and\n (iii) reference the results of the testing \n and the comments filed under subparagraph (A) \n in determining unlicensed device use of the \n 5850-5925 MHz band.\n (D) Regulations.--\n (i) In general.--Not later than 18 months \n after the date of enactment of this Act--\n (I) if the Commission determines \n that a mitigation technology, \n rechannelization, or other approach \n would allow unlicensed operations in \n the 5850-5925 MHz band that will not \n cause harmful interference to existing \n licensees of that band, the Commission \n shall modify part 15 of title 47, Code \n of Federal Regulations, to adopt \n technical rules suitable for the \n widespread commercial deployment of \n unlicensed operations for the 5850-5925 \n MHz band; or\n (II) if the Commission determines \n that no mitigation technology, \n rechannelization, or other sharing \n approach would prevent unlicensed \n operations in the 5850-5925 MHz band \n from causing harmful interference to \n existing licensees of that band, the \n Commission--\n (aa) shall provide \n notification of the \n determination to--\n\n (AA) Congress;\n\n (BB) the Department \n of Transportation; and\n\n (CC) the NTIA; and\n\n (bb) may not modify part 15 \n of title 47, Code of Federal \n Regulations, to adopt technical \n rules suitable for the \n widespread commercial \n deployment of unlicensed \n operations for the 5850-5925 \n MHz band until the Commission \n can ensure that such operations \n will not cause harmful \n interference to existing \n licensees of that band.\n (ii) Intelligent transportation systems.--\n The Commission shall modify subpart M of part \n 90 of title 47, Code of Federal Regulations \n (relating to the Intelligent Transportation \n Systems radio service), and subpart L of part \n 95 of title 47, Code of Federal Regulations \n (relating to dedicated short-range \n communications service on-board units), if the \n Commission determines that such a modification \n would maximize the utility of the 5850-5925 MHz \n band while protecting existing licensees from \n harmful interference.\n\nSEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE IN LOW-INCOME \n NEIGHBORHOODS.\n\n (a) Study.--\n (1) In general.--The Commission shall conduct a study to \n evaluate the availability of broadband Internet access using \n unlicensed spectrum and wireless networks in low income \n neighborhoods.\n (2) Requirements.--In conducting the study under paragraph \n (1), the Commission shall consider and evaluate--\n (A) any barriers preventing or limiting the \n deployment and use of wireless networks in low-income \n neighborhoods;\n (B) how to overcome the barriers described in \n subparagraph (A) through incentives, policies, or \n requirements that would increase the availability of \n unlicensed spectrum and related technologies in low-\n income neighborhoods to increase broadband adoption by \n elementary and secondary school-age children in schools \n and at home in these communities;\n (C) proposals that would encourage the home \n broadband adoption by not less than 50 percent of \n households with elementary and secondary school-age \n children that are in low income neighborhoods; and\n (D) the availability of wireless Internet hot spots \n and access to unlicensed spectrum for children \n described in subparagraph (B).\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Commission shall submit to the Committee on Commerce, \nScience, and Transportation of the Senate and the Committee on Energy \nand Commerce of the House of Representatives a report that--\n (1) summarizes the findings of the study conducted under \n subsection (a); and\n (2) makes recommendations with respect to the potential \n incentives, policies, and requirements described in subsection \n (a)(2)(B).","summary":"Wi-Fi Innovation Act - Requires the Federal Communications Commission (FCC) to provide additional unlicensed spectrum in the 5850-5925 megahertz band under technical rules suitable for the widespread commercial development of unlicensed operations. Provides for such technical rules to permit outdoor unlicensed operations without requiring devices to dynamically detect signals from other systems. Directs the FCC's Office of Engineering and Technology to seek public comments on proposals for interference-mitigation techniques and potential rechannelization that would accommodate both incumbent licensees and widespread commercial unlicensed operations in such band. Sets forth a process for the FCC to test mitigation measures and methods of sharing spectrum with unlicensed devices within such band in a manner that would not cause harmful interference to incumbent licensees. Directs the FCC, if it determines that existing licensees would not be harmed by interference, to modify regulations to adopt technical rules for widespread commercial deployment of unlicensed operations for such band. Prohibits modification of such regulations if the FCC determines that mitigation, rechannelization, or sharing would not prevent harmful interference. Requires the FCC to notify Congress, the Department of Transportation (DOT), and the National Telecommunications and Information Administration (NTIA) of a harmful interference determination. Requires the FCC to modify regulations relating to Intelligent Transportation Systems radio service and dedicated short-range communications service on-board units if such modification would maximize utility of such band while protecting existing licensees. Directs the FCC to make recommendations to Congress regarding the availability of broadband Internet access using unlicensed spectrum and wireless networks in low income neighborhoods.","title":"Wi-Fi Innovation Act","text_len":14964,"sum_len":1887} {"bill_id":"114_s3214","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Vote By Mail Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) An inequity of voting rights exists in the United \n States because voters in some States have the universal right \n to vote by mail while voters in other States do not.\n (2) Many voters often have work, family, or other \n commitments that make getting to polls and waiting in line on \n the date of an election difficult or impossible. Many citizens \n with disabilities are physically unable to vote due to long \n lines, inadequate parking, no curb cuts, steep ramps, and large \n crowds. In 2012, 30 percent of voters with disabilities had \n difficulty voting, and more than 5,000,000 voters waited more \n than an hour to vote. Under current State laws, many of these \n voters are not permitted to vote by mail.\n (3) Twenty-eight States currently allow universal absentee \n voting (also known as ``no-excuse'' absentee voting), which \n permits any voter to request a mail-in ballot without providing \n a reason for the request. No State which has implemented no-\n excuse absentee voting has repealed it.\n (4) Three States currently hold elections entirely by mail. \n Twenty-two States currently allow some elections to be \n conducted by mail, especially in large and rural jurisdictions \n where voting by mail is especially convenient. Polling stations \n in rural jurisdictions tend to have higher costs per voter, \n smaller staffs, and limited resources. Transportation is often \n a crucial barrier for rural voters.\n (5) Voting by mail gives voters more time to consider their \n choices, which is especially important as many ballots contain \n greater numbers of questions about complex issues than in the \n past due to the expanded use of the initiative and referendum \n process in many States.\n (6) Voting by mail is cost effective. After the State of \n Oregon adopted vote by mail for all voters in 1996, the cost to \n administer an election in the State dropped by nearly 30 \n percent over the next few elections, from $3.07 per voter to \n $2.21 per voter. After Colorado implemented all-mail balloting \n in 2013, voting administration costs decreased by an average of \n 40 percent. The cost of conducting vote-by-mail elections is \n generally one-third to one-half less than conducting polling \n place elections. Voting by mail also saves a substantial amount \n by getting rid of the temporary labor costs of hiring poll \n workers. In addition to that cost, many jurisdictions have been \n facing difficulty in obtaining sufficient numbers of poll \n workers.\n (7) Allowing all voters the option to vote by mail can \n reduce waiting times for those voters who choose to vote at the \n polls. In 2016, voters in Arizona reported waiting in line from \n 1 to 5 hours to vote; in New York, voters reported that \n stations ran out of ballots and did not have staff during all \n of the hours scheduled for voting.\n (8) Voting by mail is preferable to many voters as an \n alternative to going to the polls. In 2012, 19 percent of \n ballots in the United States were cast by mail, up from 10 \n percent in 2000. Voting by mail has become increasingly popular \n with voters who want to be certain that they are able to vote \n no matter what comes up on election day, as it reduces the \n physical obstacles and eases the time constraints connected \n with the act of voting.\n (9) The signature verification process, the tracking system \n for each ballot, and postal service cooperation in preventing \n ballots from being delivered to names not recognized as \n receiving mail at an address nearly eliminate the potential for \n fraud in vote-by-mail elections. Evidence of undue influence or \n voter coercion after vote-by-mail implementation in Oregon has \n been nonexistent to minimal.\n (10) Many of the reasons which voters in many States are \n required to provide in order to vote by mail require the \n revelation of personal information about health, travel plans, \n or religious activities, which violate voters' privacy while \n doing nothing to prevent voter fraud.\n (11) State laws which require voters to obtain a notary \n signature to vote by mail only add cost and inconvenience to \n voters without increasing security.\n (12) Many voters choose to cast ballots early when they \n have the option (over 40 percent in Nevada, New Mexico, Texas, \n and Tennessee). Nearly one-third of voters in the 2012 election \n cast their ballot before election day, which is about double \n the rate of voters in 2000. In Oregon, 7 years after vote-by-\n mail election implementation, over 80 percent of voters favored \n the vote-by-mail system.\n (13) Voting by mail typically increases turnout in all \n elections, but can be particularly effective in increasing \n voter participation in special elections and primary elections. \n Oregon and Washington, the 2 States with the longest standing \n vote-by-mail systems, continue to have consistently high voter \n turnout rates. In the 2012 primary elections, while the \n national average turnout was 18 percent, Oregon's was 45 \n percent and Washington's was 38 percent.\n (14) A crucial component of a modern voting system is \n making it easy, affordable, and accessible to register to vote. \n Eighteen States and the District of Columbia introduced \n automatic voter registration legislation in 2015, and Oregon \n and California now automatically register their citizens to \n vote when they apply for a driver's license. Automatic, \n permanent voter registration has the potential to increase \n participation, protect election integrity, and reduce \n registration costs.\n\nSEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL \n ELECTIONS.\n\n (a) Voting by Mail in Federal Elections.--\n (1) In general.--Subtitle A of title III of the Help \n America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended \n by inserting after section 303 the following new section:\n\n``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.\n\n ``(a) In General.--If an individual in a State is eligible to cast \na vote in an election for Federal office, the State may not impose any \nadditional conditions or requirements on the eligibility of the \nindividual to cast the vote in such election by mail, except to the \nextent that the State imposes a deadline for returning the ballot to \nthe appropriate State or local election official.\n ``(b) Provision of Ballot Materials.--Not later than 2 weeks before \nthe date of any election for Federal office, each State shall mail \nballots to individuals who are registered to vote in such election.\n ``(c) Accessibility for Individuals With Disabilities.--All ballots \nprovided under this section shall be accessible to individuals with \ndisabilities in a manner that provides the same opportunity for access \nand participation (including for privacy and independence) as for other \nvoters.\n ``(d) Rule of Construction.--Nothing in this section shall be \nconstrued to affect the authority of States to conduct elections for \nFederal office through the use of polling places at which individuals \ncast ballots.\n ``(e) Effective Date.--A State shall be required to comply with the \nrequirements of subsection (a) with respect to elections for Federal \noffice held in years beginning with 2018.''.\n (2) Conforming amendment relating to enforcement.--Section \n 401 of such Act (52 U.S.C. 21111) is amended by striking ``and \n 303'' and inserting ``303, and 303A''.\n (3) Clerical amendment.--The table of contents for such Act \n is amended by inserting after the item relating to section 303 \n the following new item:\n\n``Sec. 303A. Promoting ability of voters to vote by mail.''.\n (b) Free Postage for Voting by Mail.--\n (1) In general.--Chapter 34 of title 39, United States \n Code, is amended by adding at the end the following:\n``Sec. 3407. Ballots provided for voting in Federal elections\n ``Ballots mailed pursuant to section 303A(b) of the Help America \nVote Act of 2002 (individually or in bulk) shall be carried \nexpeditiously and free of postage.''.\n (2) Technical and conforming amendments.--\n (A) Table of sections.--The table of sections for \n chapter 34 of title 39, United States Code, is amended \n by adding at the end the following:\n\n``3407. Ballots provided for voting in Federal elections.''.\n (B) Authorization of appropriations.--Section \n 2401(c) of title 39, United States Code, is amended by \n striking ``3403 through 3406'' and inserting ``3403 \n through 3407''.\n\nSEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE \n AUTHORITIES.\n\n (a) Automatic Voter Registration.--Section 5 of the National Voter \nRegistration Act of 1993 (52 U.S.C. 20504) is amended to read as \nfollows:\n\n``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.\n\n ``(a) Simultaneous Application for Voter Registration and \nApplication for Motor Vehicle Driver's License.--\n ``(1) Transmission of information to election officials.--\n Each State's motor vehicle authority, upon receiving any of the \n identifying information described in paragraph (2) with respect \n to any applicable individual, shall securely transmit the \n identifying information to the appropriate State election \n official.\n ``(2) Identifying information described.--The identifying \n information described in this paragraph with respect to any \n individual is as follows:\n ``(A) The individual's legal name.\n ``(B) The individual's age.\n ``(C) The individual's residence.\n ``(D) The individual's citizenship status.\n ``(E) The individual's electronic signature.\n ``(b) Duties of Officials Receiving Information.--\n ``(1) In general.--Upon receiving the identifying \n information with respect to an applicable individual under \n subsection (a), the appropriate State election official shall \n determine--\n ``(A) whether such individual is eligible to vote \n in an election for Federal office; and\n ``(B) whether such individual is currently \n registered to vote in elections for Federal office at \n the address provided in such identifying information.\n ``(2) Notification to individuals.--\n ``(A) Eligible unregistered individuals.--In the \n case of an applicable individual who is eligible to \n vote in an election for Federal office and who is not \n currently registered to vote, the appropriate State \n election official shall issue a notification to the \n individual containing--\n ``(i) a statement that, unless the \n individual notifies the election official prior \n to the expiration of the 21-calendar-day period \n which begins on the date the official issued \n the notification that the individual declines \n to be registered to vote in elections for \n Federal office held in the State, the \n individual's records and signature will \n constitute a completed registration for the \n individual; and\n ``(ii) a description of the process by \n which the individual may decline to be \n registered to vote in elections for Federal \n office in the State.\n ``(B) Eligible individuals registered at a \n different address.--In the case of an applicable \n individual who is eligible to vote in an election for \n Federal office and who is registered to vote in such \n election at a different address than the address \n provided in the identifying information, the \n appropriate State election official shall issue a \n notification to the individual containing--\n ``(i) a statement that, unless the \n individual notifies the election official prior \n to the expiration of the 21-calendar-day period \n which begins on the date the official issued \n the notification that the address provided in \n the identifying information should not be used \n for voter registration purposes, the address \n provided in the identifying information shall \n be used as the individual's address for voter \n registration purposes; and\n ``(ii) a description of the process by \n which the individual may decline a change of \n address for voter registration purposes.\n ``(c) Automatic Registration of Eligible Individuals; Automatic \nChange of Address.--\n ``(1) Registration.--Upon the expiration of the 21-\n calendar-day period which begins on the date the appropriate \n State election official issues a notification to an individual \n under subsection (b)(2)(A), the official shall ensure that the \n individual is registered to vote in elections for Federal \n office held in the State unless--\n ``(A) the official later determines that the \n individual does not meet the eligibility requirements \n for registering to vote in such elections; or\n ``(B) prior to the expiration of such 21-calendar-\n day period, the individual notifies the official that \n the individual declines to be registered to vote in \n such elections.\n ``(2) Change of address.--Upon the expiration of the 21-\n calendar-day period which begins on the date the appropriate \n State election official issues a notification to an individual \n under subsection (b)(2)(B), the official shall ensure that the \n individual is registered to vote in elections for Federal \n office at the address provided in the identifying information \n unless--\n ``(A) the official later determines that the \n individual does not meet the eligibility requirements \n for registering to vote in such elections; or\n ``(B) prior to the expiration of such 21-calendar-\n day period, the individual notifies the official that \n the individual declines a change of address for voter \n registration purposes.\n ``(d) Applicable Individual.--For purposes of this section, the \nterm `applicable individual' means any individual who seeks assistance \nfrom, receives benefits from, or receives service or assistance from a \nState motor vehicle authority that issues motor vehicle driver's \nlicenses.''.\n (b) Conforming Amendment Relating to Timing of Registration Prior \nto Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C. \n20507(a)(1)(A)) is amended to read as follows:\n ``(A) in the case of registration through a motor \n vehicle authority under section 5, if the identifying \n information with respect to the individual is \n transmitted by the authority to the appropriate State \n election official under section 5(a)(1) not later than \n the lesser of 30 days, or the period provided by State \n law, before the date of the election;''.\n (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52 \nU.S.C. 20503(a)(1)) is amended to read as follows:\n ``(1) through the State motor vehicle authority pursuant to \n section 5;''.\n (d) Effective Date.--The amendments made by this section shall take \neffect upon the expiration of the 180-day period which begins on the \ndate of the enactment of this Act.","summary":"Vote by Mail Act of 2017 This bill amends the Help America Vote Act of 2002 to require states to allow voting in federal elections to be by mail without additional conditions or requirements, except a deadline for returning the ballot. States must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election. The US Postal Service must carry ballots mailed by a state expeditiously and free of postage. The National Voter Registration Act of 1993 is amended to authorize automatic voter registration of individuals through state motor vehicle authorities.","title":"Vote By Mail Act of 2016","text_len":17220,"sum_len":609} {"bill_id":"115_hr5206","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Office of Biometric Identity \nManagement Authorization Act of 2018'' or the ``OBIM Authorization Act \nof 2018''.\n\nSEC. 2. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.\n\n (a) In General.--Title VII of the Homeland Security Act of 2002 (6 \nU.S.C. 341 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 710. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.\n\n ``(a) Establishment.--The Office of Biometric Identity Management \nis established within the Management Directorate of the Department.\n ``(b) Director.--\n ``(1) In general.--The Office of Biometric Identity \n Management shall be administered by the Director of the Office \n of Biometric Identity Management (in this section referred to \n as the `Director') who shall report to the Secretary, or to \n another official of the Department, as the Secretary may \n direct.\n ``(2) Qualifications and duties.--The Director shall--\n ``(A) have significant professional management \n experience, as well as experience in the field of \n biometrics and identity management;\n ``(B) lead the Department's biometric identity \n services to support anti-terrorism, counter-terrorism, \n border security, credentialing, national security, and \n public safety;\n ``(C) enable operational missions across the \n Department by receiving, matching, storing, sharing, \n and analyzing biometric and associated biographic and \n encounter data;\n ``(D) deliver biometric identity information and \n analysis capabilities to--\n ``(i) the Department and its components;\n ``(ii) appropriate Federal, State, local, \n and tribal agencies;\n ``(iii) appropriate foreign governments; \n and\n ``(iv) appropriate private sector entities;\n ``(E) support the law enforcement, public safety, \n national security, and homeland security missions of \n other Federal, State, local, and tribal agencies, as \n appropriate;\n ``(F) manage the operation of the Department's \n primary biometric repository and identification system;\n ``(G) manage Biometric Support Centers to provide \n biometric identification and verification analysis and \n services to the Department, appropriate Federal, State, \n local, and tribal agencies, appropriate foreign \n governments, and appropriate private sector entities;\n ``(H) oversee the implementation of Department-wide \n standards for biometric conformity, and work to make \n such standards Government-wide;\n ``(I) in coordination with the Department's Office \n of Policy Strategy, Policy, and Plans, and in \n consultation with relevant component offices and \n headquarters offices, enter into data sharing \n agreements with appropriate Federal, State, local, and \n foreign agencies to support immigration, law \n enforcement, national security, and public safety \n missions;\n ``(J) maximize interoperability with other Federal, \n State, local, and foreign biometric systems, as \n appropriate;\n ``(K) ensure the activities of the Office of \n Biometric Identity Management are carried out in \n compliance with the policies and procedures established \n by the Privacy Officer appointed under section 222; and\n ``(L) consult with the Office for Civil Rights and \n Civil Liberties of the Department about biometric \n technologies that may result in disparities in the \n treatment of individuals on the basis of their race or \n ethnicity; and\n ``(L)(M) carry out other duties and powers \n prescribed by law or delegated by the Secretary.\n ``(c) Deputy Director.--There shall be in the Office of Biometric \nIdentity Management a Deputy Director, who shall assist the Director in \nthe management of the Office.\n ``(d) Other Authorities.--\n ``(1) In general.--The Director may establish such other \n offices within the Office of Biometric Identity Management as \n the Director determines necessary to carry out the missions, \n duties, functions, and authorities of the Office.\n ``(2) Notification.--If the Director exercises the \n authority provided by paragraph (1), the Director shall notify \n the Committee on Homeland Security of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate not later than 30 days \n before exercising such authority.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by adding after the item \nrelating to section 709 the following new item:\n\n``Sec. 710. Office of Biometric Identity Management.''.\n ","summary":"Office of Biometric Identity Management Authorization Act of 2018 or the OBIM Authorization Act of 2018 This bill amends the Homeland Security Act of 2002 to establish within the Management Directorate of the Department of Homeland Security (DHS) the Office of Biometric Identity Management, which shall be administered by a director with significant management experience and experience in biometrics and identity management. The director shall have specified duties, including leading DHS's biometric identity services to support anti-terrorism, counterterrorism, border security, credentialing, national security, and public safety.","title":"Office of Biometric Identity Management Authorization Act of 2018","text_len":6181,"sum_len":635} {"bill_id":"114_hr4693","text":"SECTION 1. SHORT TITLE; FINDING.\n\n (a) Short Title.--This Act may be cited as the ``Young Child Tax \nCredit Act''.\n (b) Findings.--Congress finds the following:\n (1) Economists have found similar effects of the importance \n of income in the earliest years with returns to school \n achievement.\n (2) Pediatricians and other child development experts have \n long talked about the critical importance of the earliest years \n of life.\n (3) Young children, including babies and toddlers, are the \n poorest people in the country by age.\n (4) With the recent improvements signed into law in \n December, together, the Child Tax Credit and Earned Income Tax \n Credit now lift more children out of poverty than any other \n Federal policies.\n (5) Families with young children receive the smallest child \n tax credits, despite the fact that the economic literature \n suggests that these credits have particularly beneficial \n effects for families with young children.\n (6) Economists have found that large fluctuations in a \n family's income can be detrimental to the development of young \n children. Research on scarcity have found it is hard for \n parents to focus on children if they are worrying about having \n sufficient income to meet their family's needs.\n\nSEC. 2. YOUNG CHILD TAX CREDIT.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 36B the following new section:\n\n``SEC. 36C. YOUNG CHILD TAX CREDIT.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this subtitle for the \ntaxable year an amount equal to the product of--\n ``(1) the applicable dollar amount, multiplied by\n ``(2) the number of qualifying children of the taxpayer for \n which the taxpayer is allowed a deduction under section 151 and \n who (as of the close of such taxable year) have not attained \n age 3.\n ``(b) Applicable Dollar Amount.--For purposes of this section, the \nterm `applicable dollar amount' means with respect to any taxable year, \nthe product of--\n ``(1) 1.5, multiplied by\n ``(2) the dollar amount in effect under section 24(a) for \n the taxable year.\n ``(c) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The amount of the credit allowable under \n subsection (a) shall be reduced (but not below zero) by the \n phaseout amount for each $1,000 (or fraction thereof) by which \n the taxpayer's modified adjusted gross income (as defined in \n section 24(b)(1)) exceeds the threshold amount (as defined in \n section 24(b)(2)).\n ``(2) Phaseout amount.--For purposes of this subsection, \n the term `phaseout amount' means 1.5 multiplied by the first \n dollar amount in section 24(b)(1).\n ``(d) Qualifying Child.--For purposes of this section, the term \n`qualifying child' has the meaning given such term by section 24(c).\n ``(e) Identification Requirement.--No credit shall be allowed under \nthis section to a taxpayer with respect to any qualifying child unless \nthe taxpayer includes the name and taxpayer identification number of \nsuch qualifying child on the return of tax for the taxable year.\n ``(f) Reconciliation of Credit and Advance Credit.--\n ``(1) In general.--The amount of the credit allowed under \n this section for any taxable year shall be reduced (but not \n below zero) by the aggregate amount of any advance payments of \n such credit under section 7527A for such taxable year.\n ``(2) Excess advance payments.--If the aggregate amount of \n advance payments under section 7527A for the taxable year \n exceed the amount of the credit allowed under this section for \n such taxable year (determined without regard to paragraph (1)), \n the tax imposed by this chapter for such taxable year shall be \n increased by the amount of such excess.''.\n (b) Advance Payment of Credit.--Chapter 77 of such Code is amended \nby inserting after section 7527 the following new section:\n\n``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT.\n\n ``(a) In General.--As soon as practicable and not later than 1 year \nafter the date of the enactment of this Act, the Secretary shall \nestablish a program for making advance payments of the credit allowed \nunder section 36C on a monthly basis, or as frequently as the Secretary \ndetermines to be administratively feasible, to taxpayers allowed such \ncredit (determined without regard to section 36C(f)(1)).\n ``(b) Limitation.--The Secretary may make payments under subsection \n(a) only to the extent that the total amount of such payments made to \nany taxpayer during the taxable year does not exceed the amount \ndetermined under subsection (a) of section 36C with respect to such \ntaxpayer (determined without regard to subsections (c) and (f) of such \nsection). Such program shall make reasonable efforts to apply the \nlimitation of section 36C(c) with respect to payments made under such \nprogram.''.\n (c) Conforming Amendments.--\n (1) Section 152(f)(6)(B) of such Code is amended by \n striking ``and'' at the end of clause (iii), by striking the \n period at the end of clause (iv) and inserting ``, and'', and \n by adding at the end the following new clause:\n ``(v) the credit under section 36C \n (relating to young child tax credit).''.\n (2) Section 6211(b)(4)(A) of such Code is amended by \n inserting ``36C,'' after ``36B,''.\n (3) Section 6213(g)(2) of such Code is amended by striking \n ``and'' at the end of subparagraph (P), by striking the period \n at the end of subparagraph (Q) and inserting ``, and'', and by \n inserting after subparagraph (Q) the following new \n subparagraph:\n ``(R) an omission of a correct TIN required under \n section 36C(e) (relating to young child tax credit) to \n be included on a return.''.\n (4) Section 6402(m) of such Code is amended by striking \n ``or 32'' and inserting ``, 32 or 36C''.\n (5) Section 6695(g) of such Code is amended by striking \n ``or 32'' and inserting ``32, or 36C''.\n (6) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``36C,'' after ``36B,''.\n (7) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 36B \n the following new item:\n\n``Sec. 36C. Young child tax credit.''.\n (8) The table of sections for chapter 77 of such Code is \n amended by inserting after the item relating to section 7527 \n the following new item:\n\n``Sec. 7527A. Advance payment of young child tax credit.''.\n (d) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years beginning after December 31, 2016.\n (2) Advance payment program.--The Secretary of the \n Treasury, or his designee, shall establish the program \n described in section 7527A of the Internal Revenue Code of 1986 \n (as added by this section) not later than such date.","summary":"Young Child Tax Credit Act This bill amends the Internal Revenue Code to allow individual taxpayers a new refundable tax credit based on the number of their qualifying children under the age of three and the taxpayer's adjusted gross income. Advance payments of credit amounts shall be made to taxpayers each month.","title":"Young Child Tax Credit Act","text_len":7653,"sum_len":315} {"bill_id":"107_s1534","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of National Homeland \nSecurity Act of 2001''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Department.--The term ``Department'' means the \n Department of National Homeland Security established under this \n Act.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of National Homeland Security.\n\nSEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND SECURITY.\n\n (a) Establishment.--There is established the Department of National \nHomeland Security.\n (b) Secretary of National Homeland Security.--\n (1) In general.--The Secretary of National Homeland \n Security shall be the head of the Department. The Secretary \n shall be appointed by the President, by and with the advice and \n consent of the Senate.\n (2) Cabinet level position.--Section 5312 of title 5, \n United States Code, is amended by adding at the end the \n following:\n ``Secretary of National Homeland Security.''.\n (3) Membership on the national security council.--Section \n 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) \n is amended in the fourth sentence by striking paragraphs (5), \n (6), and (7) and inserting the following:\n ``(5) the Secretary of National Homeland Security; and\n ``(6) each Secretary or Under Secretary of such other \n executive department, or of a military department, as the \n President shall designate.''.\n (c) Duties.--The duties of the Secretary shall be the following:\n (1) To plan, coordinate, and integrate those United States \n Government activities relating to homeland security, including \n border security and emergency preparedness, and to act as a \n focal point regarding natural and manmade crises and emergency \n planning.\n (2) To work with State and local governments and executive \n agencies in protecting United States homeland security, and to \n support State officials through the use of regional offices \n around the Nation.\n (3) To provide overall planning guidance to executive \n agencies regarding United States homeland security.\n (4) To conduct exercise and training programs for employees \n of the Department and establish effective command and control \n procedures for the full range of potential contingencies \n regarding United States homeland security, including \n contingencies that require the substantial support of military \n assets.\n (5) To annually develop a Federal response plan for \n homeland security and emergency preparedness.\n\nSEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO \n THE DEPARTMENT.\n\n The authorities, functions, personnel, and assets of the following \nentities are transferred to the Department:\n (1) The Federal Emergency Management Agency, the ten \n regional offices of which shall be maintained and strengthened \n by the Department.\n (2) The United States Customs Service, which shall be \n maintained as a distinct entity within the Department.\n (3) The Border Patrol of the Immigration and Naturalization \n Service, which shall be maintained as a distinct entity within \n the Department.\n (4) The United States Coast Guard, which shall be \n maintained as a distinct entity within the Department.\n (5) The Critical Infrastructure Assurance Office and the \n Institute of Information Infrastructure Protection of the \n Department of Commerce.\n (6) The National Infrastructure Protection Center and the \n National Domestic Preparedness Office of the Federal Bureau of \n Investigation.\n\nSEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.\n\n (a) Establishment of Directorates.--The following staff \ndirectorates are established within the Department:\n (1) Directorate of prevention.--The Directorate of \n Prevention, which shall be responsible for the following:\n (A) Overseeing and coordinating all United States \n border security activities.\n (B) Developing border and maritime security policy \n for the United States.\n (C) Developing and implementing international \n standards for enhanced security in transportation \n nodes.\n (2) Directorate of critical infrastructure protection.--The \n Directorate of Critical Infrastructure Protection, which shall \n be responsible for the following:\n (A) Acting as the Critical Information Technology, \n Assurance, and Security Officer of the Department to \n coordinate efforts to address the vulnerability of the \n United States to electronic or physical attacks on \n critical infrastructure of the United States, including \n utilities, transportation nodes, and energy resources.\n (B) Overseeing the protection of such \n infrastructure and the physical assets and information \n networks that make up such infrastructure.\n (C) Ensuring the maintenance of a nucleus of cyber \n security experts within the United States Government.\n (D) Enhancing sharing of information regarding \n cyber security and physical security of the United \n States, tracking vulnerabilities and proposing improved \n risk management policies, and delineating the roles of \n various government agencies in preventing, defending, \n and recovering from attacks.\n (E) Coordinating with the Federal Communications \n Commission in helping to establish cyber security \n policy, standards, and enforcement mechanisms, and \n working closely with the Federal Communications \n Commission on cyber security issues with respect to \n international bodies.\n (F) Coordinating the activities of Information \n Sharing and Analysis Centers to share information on \n threats, vulnerabilities, individual incidents, and \n privacy issues regarding United States homeland \n security.\n (G) Assuming the responsibilities carried out by \n the Critical Infrastructure Assurance Office before the \n date of the enactment of this Act.\n (H) Assuming the responsibilities carried out by \n the National Infrastructure Protection Center before \n the date of the enactment of this Act.\n (I) Supporting and overseeing the management of the \n Institute for Information Infrastructure Protection.\n (3) Directorate for emergency preparedness and response.--\n The Directorate for Emergency Preparedness and Response, which \n shall be responsible for the following:\n (A) Carrying out all emergency preparedness and \n response activities carried out by the Federal \n Emergency Management Agency before the date of the \n enactment of this Act.\n (B) Assuming the responsibilities carried out by \n the National Domestic Preparedness Office before the \n date of the enactment of this Act.\n (C) Organizing and training local entities to \n respond to emergencies and providing State and local \n authorities with equipment for detection, protection, \n and decontamination in an emergency involving weapons \n of mass destruction.\n (D) Overseeing Federal, State, and local emergency \n preparedness training and exercise programs in keeping \n with current intelligence estimates and providing a \n single staff for Federal assistance for any emergency \n (including emergencies caused by flood, earthquake, \n hurricane, disease, or terrorist bomb).\n (E) Creating a National Crisis Action Center to act \n as the focal point for monitoring emergencies and for \n coordinating Federal support for State and local \n governments and the private sector in crises.\n (F) Establishing training and equipment standards, \n providing resource grants, and encouraging intelligence \n and information sharing among the Department of \n Defense, the Federal Bureau of Investigation, the \n Central Intelligence Agency, State emergency management \n officials, and local first responders.\n (G) Coordinating and integrating activities of the \n Department of Defense, the National Guard, and other \n Federal agencies into a Federal response plan.\n (H) Coordinating activities among private sector \n entities, including entities within the medical \n community, with respect to recovery, consequence \n management, and planning for continuity of services.\n (I) Developing and managing a single response \n system for national incidents in coordination with the \n Department of Justice, the Federal Bureau of \n Investigation, the Department of Health and Human \n Services, and the Centers for Disease Control.\n (J) Maintaining Federal asset databases and \n supporting up-to-date State and local databases.\n (b) Establishment of Office of Science and Technology.--\n (1) In general.--There is established in the Department an \n Office of Science and Technology.\n (2) Purpose.--The Office of Science and Technology shall \n advise the Secretary regarding research and development efforts \n and priorities for the directorates established in subsection \n (a).\n\nSEC. 6. REPORTING REQUIREMENTS.\n\n (a) Biennial Reports.--The Secretary shall submit to Congress on a \nbiennial basis--\n (1) a report assessing the resources and requirements of \n executive agencies relating to border security and emergency \n preparedness issues; and\n (2) a report certifying the preparedness of the United \n States to prevent, protect against, and respond to natural \n disasters, cyber attacks, and incidents involving weapons of \n mass destruction.\n (b) Additional Report.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary shall submit to Congress a \nreport--\n (1) assessing the progress of the Department in--\n (A) implementing the provisions of this Act; and\n (B) ensuring the core functions of each entity \n transferred to the Department are maintained and \n strengthened; and\n (2) recommending any conforming changes in law necessary as \n a result of the enactment and implementation of this Act.\n\nSEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.\n\n The Secretary shall establish and maintain strong mechanisms for \nthe sharing of information and intelligence with United States and \ninternational intelligence entities.\n\nSEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.\n\n The Secretary shall establish procedures to ensure that the \nplanning, programming, budgeting, and financial activities of the \nDepartment comport with sound financial and fiscal management \nprinciples. At a minimum, those procedures shall provide for the \nplanning, programming, and budgeting of activities of the Department \nusing funds that are available for obligation for a limited number of \nyears.\n\nSEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.\n\n The Secretary shall--\n (1) ensure that the Department complies with all applicable \n environmental, safety, and health statutes and substantive \n requirements; and\n (2) develop procedures for meeting such requirements.\n\nSEC. 10. SAVINGS PROVISIONS.\n\n (a) Continuing Effect of Legal Documents.--All orders, \ndeterminations, rules, regulations, permits, agreements, grants, \ncontracts, certificates, licenses, registrations, privileges, and other \nadministrative actions--\n (1) which have been issued, made, granted, or allowed to \n become effective by the President, any Federal agency or \n official thereof, or by a court of competent jurisdiction, in \n the performance of functions which are transferred under this \n Act, and\n (2) which are in effect at the time this Act takes effect, \n or were final before the effective date of this Act and are to \n become effective on or after the effective date of this Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, the Secretary of National Homeland Security or other \nauthorized official, a court of competent jurisdiction, or by operation \nof law.\n (b) Proceedings Not Affected.--The provisions of this Act shall not \naffect any proceedings, including notices of proposed rulemaking, or \nany application for any license, permit, certificate, or financial \nassistance pending before an agency at the time this Act takes effect, \nwith respect to functions transferred by this Act but such proceedings \nand applications shall continue. Orders shall be issued in such \nproceedings, appeals shall be taken therefrom, and payments shall be \nmade pursuant to such orders, as if this Act had not been enacted, and \norders issued in any such proceedings shall continue in effect until \nmodified, terminated, superseded, or revoked by a duly authorized \nofficial, by a court of competent jurisdiction, or by operation of law. \nNothing in this subsection shall be deemed to prohibit the \ndiscontinuance or modification of any such proceeding under the same \nterms and conditions and to the same extent that such proceeding could \nhave been discontinued or modified if this Act had not been enacted.\n (c) Suits Not Affected.--The provisions of this Act shall not \naffect suits commenced before the effective date of this Act, and in \nall such suits, proceedings shall be had, appeals taken, and judgments \nrendered in the same manner and with the same effect as if this Act had \nnot been enacted.\n (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced by or against an agency, or by or against any individual in \nthe official capacity of such individual as an officer of an agency, \nshall abate by reason of the enactment of this Act.\n (e) Administrative Actions Relating to Promulgation of \nRegulations.--Any administrative action relating to the preparation or \npromulgation of a regulation by an agency relating to a function \ntransferred under this Act may be continued by the National Homeland \nSecurity with the same effect as if this Act had not been enacted.\n (f) References.--Any reference in any other Federal law, Executive \norder, rule, regulation, or delegation of authority, or any document of \nor pertaining to a department, agency, or office from which a function \nis transferred by this Act--\n (1) to the head of such department, agency, or office is \n deemed to refer to the Secretary of National Homeland Security; \n or\n (2) to such department, agency, or office is deemed to \n refer to the Department of National Homeland Security.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act shall take effect 6 months after the date of enactment of \nthis Act.","summary":"Department of National Homeland Security Act of 2001 - Establishes the Department of National Homeland Security. Includes the Secretary of National Homeland Security as a cabinet level position with membership on the National Security Council. Requires the Secretary to: (1) plan, coordinate, and integrate Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning. (2) work with State and local governments and executive agencies in protecting US homeland security and support State officials through the use of regional offices. (3) provide overall planning guidance to such agencies regarding homeland security. (4) conduct exercise and training programs for department employees and establish command and control procedures for security contingencies, including those that require the substantial military support. And (5) annually develop a Federal response plan for homeland security and emergency preparedness. Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the US Customs Service, the Border Patrol of the Immigration and Naturalization Service, the US Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation. Establishes within the Department: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response. And (2) an Office of Science and Technology to advise the Secretary with regard to research and development efforts and priorities for such directorates. Requires the Secretary to establish mechanisms for the sharing of information and intelligence with US and international intelligence entities.","title":"A bill to establish the Department of National Homeland Security.","text_len":16298,"sum_len":2000} {"bill_id":"110_s1096","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Housing Benefits \nEnhancement Act of 2007''.\n\nSEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY \n DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR \n RELEASE FROM THE ARMED FORCES.\n\n Section 1717 of title 38, United States Code, is amended by adding \nat the end the following new subsection:\n ``(d)(1) In the case of a member of the Armed Forces who, as \ndetermined by the Secretary, has a total disability permanent in nature \nincurred or aggravated in the line of duty in the active military, \nnaval, or air service, the Secretary may furnish improvements and \nstructural alterations for such member for such disability or as \notherwise described in subsection (a)(2) while such member is \nhospitalized or receiving outpatient medical care, services, or \ntreatment for such disability if the Secretary determines that such \nmember is likely to be discharged or released from the Armed Forces for \nsuch disability.\n ``(2) The furnishing of improvements and alterations under \nparagraph (1) in connection with the furnishing of medical services \ndescribed in subparagraph (A) or (B) of subsection (a)(2) shall be \nsubject to the limitation specified in the applicable subparagraph.''.\n\nSEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH \n SEVERE BURNS.\n\n Section 2101 of title 38, United States Code, is amended--\n (1) in subsection (a)(2), by adding at the end the \n following new subparagraph:\n ``(E) The disability is due to a severe burn injury (as \n determined pursuant to regulations prescribed by the \n Secretary).''; and\n (2) in subsection (b)(2)--\n (A) by striking ``either'' and inserting ``any''; \n and\n (B) by adding at the end the following new \n subparagraph:\n ``(C) The disability is due to a severe burn injury (as so \n determined).''.\n\nSEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS.\n\n (a) In General.--Not later than December 31, 2007, the Secretary of \nVeterans Affairs shall submit to the Committee on Veterans' Affairs of \nthe Senate and the Committee on Veterans' Affairs of the House of \nRepresentatives a report that contains an assessment of the adequacy of \nthe authorities available to the Secretary under law to assist disabled \nveterans in acquiring--\n (1) suitable housing units with special fixtures or movable \n facilities required for their disabilities, and necessary land \n therefor;\n (2) such adaptations to their residences as are reasonably \n necessary because of their disabilities; or\n (3) residences already adapted with special features \n determined by the Secretary to be reasonably necessary as a \n result of their disabilities.\n (b) Focus on Particular Disabilities.--The report required by \nsubsection (a) shall pay particular attention to the needs of veterans \nwho have disabilities that are not described in subsections (a)(2) and \n(b)(2) of section 2101 of title 38, United States Code.\n\nSEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED \n FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND \n ADAPTIVE EQUIPMENT.\n\n Section 3901(1) of title 38, United States Code, is amended--\n (1) in subparagraph (A)--\n (A) in the matter preceding clause (i), by striking \n ``or (iii)'' and inserting ``(iii), or (iv)''; and\n (B) by adding at the end the following new clause:\n ``(iv) A severe burn injury (as determined pursuant \n to regulations prescribed by the Secretary); or''; and\n (2) in subparagraph (B), by striking ``or (iii)'' and \n inserting ``(iii), or (iv)''.\n\nSEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED \n FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY \n MEMBER.\n\n (a) In General.--Subsection (a) of section 2102A of title 38, \nUnited States Code, is amended--\n (1) by inserting ``(1)'' before ``In the case'';\n (2) by striking ``disabled veteran who is described in \n subsection (a)(2) or (b)(2) of section 2101 of this title and'' \n and inserting ``person described in paragraph (2)'';\n (3) by striking ``such veteran's'' and inserting ``the \n person's'';\n (4) by striking ``the veteran'' and inserting ``the \n person'';\n (5) by striking ``the veteran's'' and inserting ``the \n person's''; and\n (6) by adding at the end the following new paragraph:\n ``(2) A person described in this paragraph is--\n ``(A) a veteran who is described in subsection (a)(2) or \n (b)(2) of section 2101 of this title; or\n ``(B) a member of the Armed Forces who--\n ``(i) has, as determined by the Secretary, a \n disability permanent in nature described in subsection \n (a)(2) or (b)(2) of section 2101 of this title that has \n incurred in the line of duty in the active military, \n naval, or air service;\n ``(ii) is hospitalized or receiving outpatient \n medical care, services, or treatment for such \n disability; and\n ``(iii) is likely to be discharged or released from \n the Armed Forces for such disability.''.\n (b) Conforming Amendments.--Such section is further amended--\n (1) in subsection (b), by striking ``veteran'' both places \n it appears and inserting ``person with a disability''; and\n (2) in subsection (c), by striking ``veteran'' and \n inserting ``person''.\n (c) Report on Assistance for Disabled Veterans and Members of the \nArmed Forces Who Reside in Housing Owned by Family Member on Permanent \nBasis.--Not later than December 31, 2007, the Secretary of Veterans \nAffairs shall submit to the Committee on Veterans' Affairs of the \nSenate and the Committee on Veterans' Affairs of the House of \nRepresentatives a report on the advisability of providing assistance \nunder section 2102A of title 38, United States Code, to veterans and \nmembers of the Armed Forces described in subsection (a) of such \nsection, as amended by subsection (a) of this section, who reside with \nfamily members on a permanent basis.","summary":"Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury. And (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance.","title":"A bill to amend title 38, United States Code, to provide certain housing benefits to disabled members of the Armed Forces, to expand certain benefits for disabled veterans with severe burns, and for other purposes.","text_len":6617,"sum_len":923} {"bill_id":"105_hr2546","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Higher Education \nFairness Act of 1997''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nHigher Education Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 2. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS.\n\n (a) Parents' Available Income.--Section 475(c)(1) is amended--\n (1) by striking ``and'' at the end of subparagraph (D);\n (2) by striking the period at the end of subparagraph (E) \n and inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(F) the amount of any tax credit taken by the \n parents under section 25A of the Internal Revenue Code \n of 1986.''.\n (b) Student Contribution From Available Income.--Section 475(g)(2) \nis amended--\n (1) by striking ``and'' at the end of subparagraph (C);\n (2) by striking ``$1,750'' in subparagraph (D) and \n inserting ``$2,250 (or a successor amount prescribed by the \n Secretary under section 478)'';\n (3) by striking the period at the end of subparagraph (D); \n and\n (4) by inserting after subparagraph (D) the following new \n subparagraph:\n ``(E) the amount of any tax credit taken by the \n student under section 25A of the Internal Revenue Code \n of 1986.''.\n\nSEC. 3. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS \n OTHER THAN A SPOUSE.\n\n (a) Family's Contribution From Available Income.--Section \n476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended--\n (1) by striking ``and'' at the end of clause (iv); and\n (2) by inserting after clause (v) the following new clause:\n ``(vi) the amount of any tax credit taken \n under section 25A of the Internal Revenue Code \n of 1986; and''.\n (b) Income Protection Allowances.--Section 476(b)(1)(A)(iv) is \namended--\n (1) by striking ``allowance of--'' and inserting \n ``allowance of the following amount (or a successor amount \n prescribed by the Secretary under section 478):'';\n (2) by striking ``$3,000'' each place it appears in \n subclauses (I) and (II) and inserting ``$5,500''; and\n (3) by striking ``$6,000'' in subclause (III) and inserting \n ``$8,500''.\n\nSEC. 4. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS \n OTHER THAN A SPOUSE.\n\n Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is amended--\n (1) by striking ``and'' at the end of subparagraph (D);\n (2) by striking the period at the end of subparagraph (E) \n and inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(F) the amount of any tax credit taken under \n section 25A of the Internal Revenue Code of 1986.''.\n\nSEC. 5. REGULATIONS; UPDATED TABLES AND AMOUNTS.\n\n Section 478(b) (20 U.S.C. 1087rr(b)) is amended--\n (1) by striking ``For each academic year'' and inserting \n the following:\n ``(1) Revised tables.--For each academic year''; and\n (2) by adding at the end the following new paragraph:\n ``(2) Revised amounts.--For each academic year after \n academic year 1997-1998, the Secretary shall publish in the \n Federal Register revised income protection allowances for the \n purpose of sections 475(g)(2)(D) and 476(b)(1)(A)(iv). Such \n revised allowances shall be developed by increasing each of the \n dollar amounts contained in such section by a percentage equal \n to the estimated percentage increase in the Consumer Price \n Index (as determined by the Secretary) between December 1996 \n and the December next preceding the beginning of such academic \n year, and rounding the result to the nearest $10.''.\n\nSEC. 6. DEFINITIONS.\n\n (a) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is \namended--\n (1) by striking ``individual, and'' and inserting \n ``individual,''; and\n (2) by inserting ``, and no portion of any tax credit taken \n under section 25A of the Internal Revenue Code of 1986'' before \n ``shall be included''.\n (b) Excludable Income.--Section 480(e) is amended\n (1) by striking ``and'' at the end of paragraph (3);\n (2) by striking the period at the end of paragraph (4) and \n inserting ``; and''; and\n (3) by adding after paragraph (4) the following new \n paragraph:\n ``(5) any tax credit taken under section 25A of the \n Internal Revenue Code of 1986.''.\n (c) Other Financial Assistance.--Section 480(j) is amended by \nadding at the end the following new paragraph:\n ``(4) Notwithstanding paragraph (1), a tax credit taken under \nsection 25A of the Internal Revenue Code of 1986 shall not be treated \nas estimated financial assistance for purposes of section 471(3).''.","summary":"Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 , in calculating family available income for determination of expected family contribution . Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.","title":"Higher Education Fairness Act of 1997","text_len":5385,"sum_len":581} {"bill_id":"107_s673","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nonproliferation Assistance \nCoordination Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) United States nonproliferation efforts in the \n independent states of the former Soviet Union have achieved \n important results in ensuring that weapons of mass destruction, \n weapons-usable material and technology, and weapons-related \n knowledge remain beyond the reach of terrorists and weapons-\n proliferating states;\n (2) although these efforts are in the United States \n national security interest, the effectiveness of these efforts \n suffers from a lack of coordination within and among United \n States Government agencies;\n (3) increased spending and investment by the United States \n private sector on nonproliferation efforts in the independent \n states of the former Soviet Union, specifically, spending and \n investment by the United States private sector in job creation \n initiatives and proposals for unemployed Russian weapons \n scientists and technicians, is making an important contribution \n in ensuring that knowledge related to weapons of mass \n destruction remains beyond the reach of terrorists and weapons-\n proliferating states; and\n (4) increased spending and investment by the United States \n private sector on nonproliferation efforts in the independent \n states of the former Soviet Union requires the establishment of \n a coordinating body to ensure that United States public and \n private efforts are not in conflict, and to ensure that public \n spending on efforts by the independent states of the former \n Soviet Union is maximized to ensure efficiency and further \n United States national security interests.\n\nSEC. 3. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.\n\n In this Act, the term ``independent states of the former Soviet \nUnion'' has the meaning given the term in section 3 of the FREEDOM \nSupport Act (22 U.S.C. 5801).\n\nSEC. 4. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE TO \n THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.\n\n (a) Establishment.--There is established within the executive \nbranch of the Government an interagency committee known as the \n``Committee on Nonproliferation Assistance to the Independent States of \nthe Former Soviet Union'' (in this Act referred to as the \n``Committee'').\n (b) Membership.--\n (1) In general.--The Committee shall be composed of five \n members, as follows:\n (A) A representative of the Department of State \n designated by the Secretary of State.\n (B) A representative of the Department of Energy \n designated by the Secretary of Energy.\n (C) A representative of the Department of Defense \n designated by the Secretary of Defense.\n (D) A representative of the Department of Commerce \n designated by the Secretary of Commerce.\n (E) A representative of the Assistant to the \n President for National Security Affairs designated by \n the Assistant to the President.\n (2) Level of representation.--The Secretary of a department \n named in subparagraph (A), (B), (C), or (D) of paragraph (1) \n shall designate as the department's representative an official \n of that department who is not below the level of an Assistant \n Secretary of the department.\n (b) Chair.--The representative of the Assistant to the President \nfor National Security Affairs shall serve as Chair of the Committee. \nThe Chair may invite the head of any other department or agency of the \nUnited States to designate a representative of that department or \nagency to participate from time to time in the activities of the \nCommittee.\n\nSEC. 5. DUTIES OF COMMITTEE.\n\n (a) In General.--The Committee shall have primary continuing \nresponsibility within the executive branch of the Government for--\n (1) monitoring United States nonproliferation efforts in \n the independent states of the former Soviet Union; and\n (2) coordinating the implementation of United States policy \n with respect to such efforts.\n (b) Duties Specified.--In carrying out the responsibilities \ndescribed in subsection (a), the Committee shall--\n (1) arrange for the preparation of analyses on the issues \n and problems relating to coordination within and among United \n States departments and agencies on nonproliferation efforts of \n the independent states of the former Soviet Union;\n (2) arrange for the preparation of analyses on the issues \n and problems relating to coordination between the United States \n public and private sectors on nonproliferation efforts in the \n independent states of the former Soviet Union, including \n coordination between public and private spending on \n nonproliferation programs of the independent states of the \n former Soviet Union and coordination between public spending \n and private investment in defense conversion activities of the \n independent states of the former Soviet Union;\n (3) provide guidance on arrangements that will coordinate, \n de-conflict, and maximize the utility of United States public \n spending on nonproliferation programs of the independent states \n of the former Soviet Union to ensure efficiency and further \n United States national security interests;\n (4) encourage companies and nongovernmental organizations \n involved in nonproliferation efforts of the independent states \n of the former Soviet Union to voluntarily report these efforts \n to the Committee;\n (5)(A) arrange for the preparation of analyses on the \n issues and problems relating to the coordination between the \n United States and other countries with respect to \n nonproliferation efforts in the independent states of the \n former Soviet Union; and\n (B) provide guidance and arrangements that will coordinate, \n de-conflict, and maximize the utility of United States public \n spending on nonproliferation programs of the independent states \n of the former Soviet Union to ensure efficiency and further \n United States national security interests; and\n (6) consider, and make recommendations to the President and \n Congress with respect to, proposals for new legislation or \n regulations relating to United States nonproliferation efforts \n in the independent states of the former Soviet Union as may be \n necessary.\n\nSEC. 6. ADMINISTRATIVE SUPPORT.\n\n All United States departments and agencies shall provide, to the \nextent permitted by law, such information and assistance as may be \nrequested by the Committee or the Secretary of State in carrying out \ntheir functions and activities under this Act.\n\nSEC. 7. CONFIDENTIALITY OF INFORMATION.\n\n Information which has been submitted or received in confidence \nshall not be publicly disclosed, except to the extent required by law, \nand such information shall be used by the Committee only for the \npurpose of carrying out the functions and activities set forth in this \nAct.\n\nSEC. 8. STATUTORY CONSTRUCTION.\n\n Nothing in this Act--\n (1) applies to the data-gathering, regulatory, or \n enforcement authority of any existing United States department \n or agency over nonproliferation efforts in the independent \n states of the former Soviet Union, and the review of those \n efforts undertaken by the Committee shall not in any way \n supersede or prejudice any other process provided by law; or\n (2) applies to any activity that is reportable pursuant to \n title V of the National Security Act of 1947 (50 U.S.C. 413 et \n seq.).","summary":"Nonproliferation Assistance Coordination Act of 2001 - Establishes within the executive branch the Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union, which shall monitor and coordinate US nonproliferation efforts in the independent states of the former Soviet Union.","title":"A bill to establish within the executive branch of the Government an interagency committee to review and coordinate United States nonproliferation efforts in the independent states of the former Soviet Union.","text_len":8214,"sum_len":310} {"bill_id":"110_hr1651","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Health Quality Advisory \nCommission Act of 2007''.\n\nSEC. 2. RURAL HEALTH QUALITY ADVISORY COMMISSION AND DEMONSTRATION \n PROJECTS.\n\n (a) Rural Health Quality Advisory Commission.--\n (1) Establishment.--Not later than 6 months after the date \n of the enactment of this section, the Secretary of Health and \n Human Services (in this section referred to as the \n ``Secretary'') shall establish a commission to be known as the \n Rural Health Quality Advisory Commission (in this section \n referred to as the ``Commission'').\n (2) Duties of commission.--\n (A) National plan.--The Commission shall develop, \n coordinate, and facilitate implementation of a national \n plan for rural health quality improvement. The national \n plan shall--\n (i) identify objectives for rural health \n quality improvement;\n (ii) identify strategies to eliminate known \n gaps in rural health system capacity and \n improve rural health quality; and\n (iii) provide for Federal programs to \n identify opportunities for strengthening and \n aligning policies and programs to improve rural \n health quality.\n (B) Demonstration projects.--The Commission shall \n design demonstration projects to test alternative \n models for rural health quality improvement, including \n with respect to both personal and population health.\n (C) Monitoring.--The Commission shall monitor \n progress toward the objectives identified pursuant to \n paragraph (1)(A).\n (3) Membership.--\n (A) Number.--The Commission shall be composed of 11 \n members appointed by the Secretary.\n (B) Selection.--The Secretary shall select the \n members of the Commission from among individuals with \n significant rural health care and health care quality \n expertise, including expertise in clinical health care, \n health care quality research, population or public \n health, or purchaser organizations.\n (4) Contracting authority.--Subject to the availability of \n funds, the Commission may enter into contracts and make other \n arrangements, as may be necessary to carry out the duties \n described in paragraph (2).\n (5) Staff.--Upon the request of the Commission, the \n Secretary may detail, on a reimbursable basis, any of the \n personnel of the Office of Rural Health Policy of the Health \n Resources and Services Administration, the Agency for Health \n Care Quality and Research, or the Centers for Medicare & \n Medicaid Services to the Commission to assist in carrying out \n this subsection.\n (6) Reports to congress.--Not later than 1 year after the \n establishment of the Commission, and annually thereafter, the \n Commission shall submit a report to the Congress on rural \n health quality. Each such report shall include the following:\n (A) An inventory of relevant programs and \n recommendations for improved coordination and \n integration of policy and programs.\n (B) An assessment of achievement of the objectives \n identified in the national plan developed under \n paragraph (2) and recommendations for realizing such \n objectives.\n (C) Recommendations on Federal legislation, \n regulations, or administrative policies to enhance \n rural health quality and outcomes.\n (b) Rural Health Quality Demonstration Projects.--\n (1) In general.--Not later than 270 days after the date of \n the enactment of this section, the Secretary, in consultation \n with the Rural Health Quality Advisory Commission, the Office \n of Rural Health Policy of the Health Resources and Services \n Administration, the Agency for Healthcare Research and Quality, \n and the Centers for Medicare & Medicaid Services, shall make \n grants to eligible entities for 5 demonstration projects to \n implement and evaluate methods for improving the quality of \n health care in rural communities. Each such demonstration \n project shall include--\n (A) alternative community models that--\n (i) will achieve greater integration of \n personal and population health services; and\n (ii) address safety, effectiveness, \n patient- or community-centeredness, timeliness, \n efficiency, and equity (the six aims identified \n by the Institute of Medicine of the National \n Academies in its report entitled ``Crossing the \n Quality Chasm: A New Health System for the 21st \n Century'' released on March 1, 2001);\n (B) innovative approaches to the financing and \n delivery of health services to achieve rural health \n quality goals; and\n (C) development of quality improvement support \n structures to assist rural health systems and \n professionals (such as workforce support structures, \n quality monitoring and reporting, clinical care \n protocols, and information technology applications).\n (2) Eligible entities.--In this subsection, the term \n ``eligible entity'' means a consortium that--\n (A) shall include--\n (i) at least one health care provider or \n health care delivery system located in a rural \n area; and\n (ii) at least one organization representing \n multiple community stakeholders; and\n (B) may include other partners such as rural \n research centers.\n (3) Consultation.--In developing the program for awarding \n grants under this subsection, the Secretary shall consult with \n the Administrator of the Agency for Healthcare Research and \n Quality, rural health care providers, rural health care \n researchers, and private and non-profit groups (including \n national associations) which are undertaking similar efforts.\n (4) Expedited waivers.--The Secretary shall expedite the \n processing of any waiver that--\n (A) is authorized under title XVIII or XIX of the \n Social Security Act (42 U.S.C. 1395 et seq.); and\n (B) is necessary to carry out a demonstration \n project under this subsection.\n (5) Demonstration project sites.--The Secretary shall \n ensure that the 5 demonstration projects funded under this \n subsection are conducted at a variety of sites representing the \n diversity of rural communities in the Nation.\n (6) Duration.--Each demonstration project under this \n subsection shall be for a period of 4 years.\n (7) Independent evaluation.--The Secretary shall enter into \n an arrangement with an entity that has experience working \n directly with rural health systems for the conduct of an \n independent evaluation of the program carried out under this \n subsection.\n (8) Report.--Not later than one year after the conclusion \n of all of the demonstration projects funded under this \n subsection, the Secretary shall submit a report to the Congress \n on the results of such projects. The report shall include--\n (A) an evaluation of patient access to care, \n patient outcomes, and an analysis of the cost \n effectiveness of each such project; and\n (B) recommendations on Federal legislation, \n regulations, or administrative policies to enhance \n rural health quality and outcomes.\n (c) Appropriation.--\n (1) In general.--Out of funds in the Treasury not otherwise \n appropriated, there are appropriated to the Secretary to carry \n out this section $30,000,000 for the period of fiscal years \n 2008 through 2012.\n (2) Availability.--\n (A) In general.--Funds appropriated under paragraph \n (1) shall remain available for expenditure through \n fiscal year 2012.\n (B) Report.--For purposes of carrying out \n subsection (b)(8), funds appropriated under paragraph \n (1) shall remain available for expenditure through \n fiscal year 2013.\n (3) Reservation.--Of the amount appropriated under \n paragraph (1), the Secretary shall reserve--\n (A) $5,000,000 to carry out subsection (a); and\n (B) $25,000,000 to carry out subsection (b), of \n which--\n (i) 2 percent shall be for the provision of \n technical assistance to grant recipients; and\n (ii) 5 percent shall be for independent \n evaluation under subsection (b)(7).","summary":"Rural Health Quality Advisory Commission Act of 2007 - Directs the Secretary of Health and Human Services to establish the Rural Health Quality Advisory Commission to develop, coordinate, and facilitate implementation of a national plan for rural health quality improvements. Requires that such plan: (1) identify objectives for rural health quality improvement. (2) identify strategies to eliminate known gaps in rural health system capacity and improve rural health quality. And (3) provide for federal programs to identify opportunities for strengthening and aligning policies and programs to improve rural health quality. Directs the Commission to: (1) design demonstration projects to test alternative models for rural health quality improvement, including with respect to both personal and population health. And (2) monitor progress towards identified objectives. Requires the Secretary to make grants for demonstration projects to implement and evaluate methods for improving the quality of health care in rural communities that include: (1) alternative community models. (2) innovative approaches to the financing and delivery of health services. And (3) the development of quality improvement support structures to assist rural health systems and professionals. Directs the Secretary to: (1) expedite Medicaid and Medicare waivers as necessary to carry out such demonstration projects, and (2) provide for an independent evaluation of such projects.","title":"To provide for the establishment of the Rural Health Quality Advisory Commission, and for other purposes.","text_len":9899,"sum_len":1459} {"bill_id":"106_s3234","text":"SECTION 1. SHORT TITLE.\n\n This bill may be cited as the ``Freedom to Fish Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Recreational fishing is traditionally one of the most \n popular outdoor sports with more than 45 million participants \n of all ages, in all regions of the country.\n (2) Recreational fishing makes substantial contributions to \n the local, State, and national economies. According to the most \n recent economic figures, recreational fishing infuses $108 \n billion annually into the national economy. Nationally, over \n 1.2 million jobs are related to recreational fishing; this \n represents approximately 1 percent of the nation's entire \n civilian work force. For those communities and small businesses \n that rely on seasonal tourism, the expenditures of recreational \n fishers result in substantial benefits to the local economies.\n (3) Recreational fishers have long demonstrated a \n conservation ethic. Through catch-and-release fisheries and \n through the use of non-lethal fishing gear. In addition to \n payment of Federal excise taxes on fishing equipment, \n motorboats and fuel, as well as license fees, recreational \n fishers contribute over $500 million annually to State \n fisheries conservation management programs and projects.\n (4) The single most important element of recreational \n fishing is open access to places to fish. The open access \n principle is universally accepted on all Federal lands and \n waters including wildlife refuges, national parks, wilderness \n areas, and the exclusive economic zone.\n (5) All recreational fishery resources can be maintained \n through a variety of management measures including take limits, \n minimum size requirements, and closed seasons without \n unnecessarily restricting public access to places to fish.\n (6) The absence of clear Congressional policy has confused \n the general public as to how programs within the National \n Oceanic and Atmospheric Administration complement one another \n with respect to recreational fishing.\n\nSEC. 3. POLICY.\n\n It is the policy of the Congress in this Act--\n (1) to ensure that all Federal regulations promote open \n access for recreational fishing to the maximum extent \n practicable;\n (2) to ensure that recreational fishers will be actively \n involved in any regulatory procedures that contemplate \n restrictions on their access to places to fish; and\n (3) to ensure that whenever access to fishing places is \n restricted, that the restricted areas be as small as are \n scientifically necessary to provide for the conservation of the \n fishery resource.\n\nSEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT \n AMENDMENT.\n\n Section 303(a) of the Magnuson-Stevens Fishery Conservation and \nManagement Act (16 U.S.C. 1853(a)) is amended--\n (1) by striking ``and'' after the semicolon in paragraph \n (13);\n (2) by striking ``fishery.'' in paragraph (14) and \n inserting ``fishery; and''; and\n (3) by adding at the end the following:\n ``(15) not establish areas closed to recreational fishing \n unless--\n ``(A) there is a clear indication that recreational \n fishermen are the cause of a specific conservation \n problem and that less severe conservation measures, \n such as gear restrictions, quotas, or closed seasons \n will not adequately provide for conservation and \n management of the affected stocks of fish;\n ``(B) the closed area regulation includes specific \n measurable criteria to determine the conservation \n benefit of the closed area on the affected stocks of \n fish and provides a timetable for periodic review of \n the continued need for the closed area at least once \n every three years;\n ``(C) the closed area is no larger than that which \n is supported by the best available scientific \n information; or\n ``(D) provision is made to reopen the closed area \n to recreational fishing whenever the condition in \n subparagraph (A), (B), or (C) that was the basis of the \n closure no longer exists.''.\n\nSEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.\n\n Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. \n1434(a)(5)) is amended to read as follows:\n ``(5) Fishing regulations.--The Secretary shall provide the \nappropriate Regional Fishery Management Council with the opportunity to \npropose, and revise from time to time, all regulations applicable to \nfishing within designated marine sanctuaries according to the standards \nand procedures of the Magnuson-Stevens Fishery Conservation and \nManagement Act (16 U.S.C. 1801 et seq.). The regulations, upon approval \nby the Secretary, shall apply within the exclusive economic zone, and \nmay be applied within the boundaries of a State, with the approval of \nthe Governor of the State, or pursuant to the authority of the \nSecretary under section 306(b) of that Act (16 U.S.C. 1856(b)).''.","summary":"Amends the National Marine Sanctuaries Act to direct the Secretary to provide such a Council with the opportunity to propose and revise all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act. Requires such regulations, upon approval by the Secretary, to apply within the exclusive economic zone and allows them to be applied within a State, with the approval of the State's Governor or pursuant to the Secretary's authority under such Act.","title":"Freedom to Fish Act","text_len":5551,"sum_len":565} {"bill_id":"103_hr5035","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Roosevelt Lake Recreation Area Fee \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) The Roosevelt Lake Recreation Area in the Tonto \n National Forest in the State of Arizona is changing as a result \n of drastically increasing population in the communities near \n the recreation area and modifications in Roosevelt Dam.\n (2) The current annual funding of $300,000 for the \n recreation area does not allow for even minimal maintenance and \n operation of the newly emerging $40,000,000 recreational area.\n (3) The anticipated number of persons using the facilities \n of the recreation area requires additional funding to provide \n minimum sanitary and safety related service at the recreation \n area as well as management of the environment and riparian \n areas.\n (4) The quality of services provided at the recreation area \n and the integrity of the environment could best be served by \n maintaining public, rather than private, management of the \n recreation area.\n (5) The users of units of the National Forest System have \n demonstrated a willingness to pay a user fee for maintenance \n and operation if the locally collected funds are returned to \n the unit.\n (b) Purpose.--It is the purpose of this Act to use funds generated \nfrom fees charged in connection with the recreational use of the \nRoosevelt Lake Recreational Area--\n (1) to assure adequate funding of maintenance and operation \n of the recreation area;\n (2) to provide additional funding to the county in which \n the recreation area is located, enabling the county to increase \n investment in facilities and services related to public safety, \n sanitation, and the recreational environment; and\n (3) to allow increased funding for the protection of the \n bald eagle nesting areas, the Canadian geese wintering grounds, \n and the Roosevelt Lake wildlife refuges at the recreation area.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Recreation area.--The term ``recreation area'' means \n the Roosevelt Lake Recreation Area in the Tonto National Forest \n in the State of Arizona.\n (2) Recreation site.--The term ``recreation site'' means a \n campground, picnic ground, swimming site, boat launch site, \n lake access site, or other man-made or natural recreational \n facility in the recreation area.\n (3) Recreation use fee; fee.--The terms ``recreation use \n fee'' or ``fee'' mean a fee that is charged for the use of a \n recreation site in the recreation area.\n (4) Recreation use pass.--The term ``recreation use pass'' \n means a document that entitles the holder access and use of \n recreation sites in the recreation area for a specified period \n of time.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n\nSEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES.\n\n (a) Recreation Use Fee Authorized.--Except as provided in \nsubsection (b), the Secretary may establish and collect recreation use \nfees at designated recreation sites within the recreation area.\n (b) Exceptions.--The Secretary may not impose or collect a \nrecreation use fee for the use or provision in the recreation area, \neither singly or in any combination, of drinking water, wayside \nexhibits, toilet facilities, general purpose roads, overlook sites, or \ngeneral information. The Secretary may not impose or collect a fee from \nany officer or employee of the Federal Government or State or local \ngovernment authorized by the Secretary to perform administrative duties \nat recreation sites in the recreation area.\n (c) Establishment and Collection.--Establishment and collection of \nrecreation use fees shall be made in accordance with subsections (d) \nand (e) of section 4 of the Land and Water Conservation Fund Act of \n1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of \nfees by volunteers in accordance with subsection (k) of such section.\n (d) Golden Age Passport and Golden Access Passport.--Any person \nholding a valid Golden Age Passport or Golden Access Passport issued \nunder paragraph (4) or (5) of section 4(a) of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled \nupon presentation of such passport to use a recreation site within the \nrecreation area at a rate equal to 50 percent of the recreation use fee \notherwise applicable to such recreation site.\n (e) Effect on Other Laws.--Recreation use fees established under \nthis section for use of recreation sites in the recreation area shall \nbe in lieu of any recreation use fees for such recreation sites under \nsection 4(b) of the Land and Water Conservation Fund Act of 1965 (16 \nU.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation \nAct of 1993 (16 U.S.C. 460l-6c).\n\nSEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES.\n\n (a) Recreation Use Pass Authorized.--The Secretary shall make \navailable for purchase recreation use passes for the use on a daily or \nannual basis of recreation sites in the recreation area otherwise \nsubject to a recreation use fee. Use of an annual recreation use pass \nshall be subject to any single stay time limits imposed on the \nrecreation site.\n (b) Availability.--The Secretary may have recreation use passes \navailable for sale at any recreation site for which a recreation use \nfee is charged or at other convenient locations.\n (c) Use of Pass.--The recreation use pass shall apply to--\n (1) the pass holder and any person accompanying the pass \n holder in a single, private, noncommercial vehicle; or\n (2) the pass holder and the spouse, children, and parents \n of the pass holder accompanying the pass holder where entry to \n a recreation site is by any means other than a private, \n noncommercial vehicle.\n (d) Golden Age Passport and Golden Access Passport.--Any person \nholding a valid Golden Age Passport or Golden Access Passport issued \nunder paragraph (4) or (5) of section 4(a) of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled \nupon presentation of such passport to purchase of a recreation use pass \nfor the recreation area at a rate equal to 50 percent of the purchase \nprice otherwise applicable to the recreation use pass.\n (e) Rules and Regulations, Enforcement Powers.--Recreation use \npasses sold under this section shall be nontransferable. The unlawful \nuse of a recreation use pass shall be punishable in accordance with \nregulations established under section 4(e) of the Land and Water \nConservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)).\n\nSEC. 6. TERMINATION OF AUTHORITY.\n\n (a) Termination.--The authority of the Secretary to establish or \ncollect fees under section 4 or sell recreation use passes under \nsection 5 shall expire at the end of the seven-year period beginning on \nthe date of the enactment of this Act. Termination of such authority \nshall not affect the validity of any annual recreation use pass sold \nunder section 5 before that date.\n (b) Report.--Not later than six years after the date of the \nenactment of this Act, the Secretary shall submit to the Committee on \nEnergy and Natural Resources and the Committee on Agriculture, \nNutrition, and Forestry of the Senate and the Committee on Natural \nResources and the Committee on Agriculture of the House of \nRepresentatives a report evaluating the authority provided by sections \n4 and 5 regarding recreation use fees and recreation use passes. The \nreport shall include any recommendations of the Secretary for modifying \nthe authority, for extending the authority beyond the date specified in \nsubsection (a), or for extending the authority to other units of the \nNational Forest System.\n\nSEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF \n RECREATION USE PASSES.\n\n (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) \nof section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 \nU.S.C. 460l-6a(i)), recreation use fees collected under section 4 and \namounts received from sales of recreation use passes under section 5 \nshall be deposited in a special account in the Treasury.\n (b) Use of Funds.--\n (1) Operation, maintenance, and other uses.--In such \n amounts as are provided in advance in appropriation Acts, the \n Secretary may use amounts in the special account to provide \n supplemental funds for operation, maintenance, and management \n of recreation sites within the recreation area, for \n interpretation and management of resources in the recreation \n area, and for administrative costs associated with such \n activities.\n (2) Payments to states and counties.--Recreation use fees \n collected under section 4 and amounts received for recreation \n use passes sold under section 5 shall be considered as money \n received for purpose of computing and distributing payments to \n States and counties pursuant to the Act of May 23, 1908 (16 \n U.S.C. 500).\n (c) Roads and Trails.--Recreation use fees collected under section \n4 and amounts received for recreation use passes sold under section 5 \nshall not be considered as money received for purpose of the fourteenth \nparagraph under the heading ``forest service'' of the Act of March 4, \n1913 (16 U.S.C. 501).","summary":"Roosevelt Lake Recreation Area Fee Act - Authorizes the Secretary of Agriculture to establish and collect recreation use fees and to sell recreation use passes at designated recreation sites within the Roosevelt Lake Recreation Area in the Tonto National Forest, Arizona. Prohibits the Secretary from: (1) collecting such fees for the use or provision in the Area of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. Or (2) imposing or collecting a fee from Federal, State, or local officers or employees authorized by the Secretary to perform administrative duties at recreation sites in the Area. Entitles holders of valid Golden Age Passports or Golden Access Passports to use a recreation site within the Area for half the applicable recreation use fee. Provides that such fees shall be in lieu of any recreation use fee. Provides that such fees shall be lieu of any recreation use fees for such sites under the Land and Water Conservation Fund Act of 1965 or the Omnibus Budget Reconciliation Act of 1993. Terminates the authority of the Secretary to establish and collect fees or to sell such passes at the end of the seven-year period beginning on the enactment of this Act. Requires the Secretary to report to specified congressional committees regarding modifying or extending the authority to sell recreation use fees and passes. Requires the funds received from recreation use fees and passes sold to be deposited in a special account in the Treasury. Permits Fund amounts to be used for: (1) operation, maintenance, and management of recreation sites within the Area, (2) interpretation and management of the Area's resources, and (3) administrative costs associated with such activities.","title":"Roosevelt Lake Recreation Area Fee Act","text_len":9811,"sum_len":1766} {"bill_id":"114_s122","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe and Affordable Drugs from \nCanada Act of 2015''.\n\nSEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA.\n\n Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n381 et seq.) is amended by adding at the end the following:\n\n``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM \n CANADA.\n\n ``(a) In General.--Notwithstanding any other provision of this Act, \nnot later than 180 days after the date of enactment of this section, \nthe Secretary shall promulgate regulations permitting individuals to \nsafely import into the United States a prescription drug described in \nsubsection (b).\n ``(b) Prescription Drug.--A prescription drug described in this \nsubsection--\n ``(1) is a prescription drug that--\n ``(A) is purchased from an approved Canadian \n pharmacy;\n ``(B) is dispensed by a pharmacist licensed to \n practice pharmacy and dispense prescription drugs in \n Canada;\n ``(C) is purchased for personal use by the \n individual, not for resale, in quantities that do not \n exceed a 90-day supply;\n ``(D) is filled using a valid prescription issued \n by a physician licensed to practice in a State in the \n United States; and\n ``(E) has the same active ingredient or \n ingredients, route of administration, dosage form, and \n strength as a prescription drug approved by the \n Secretary under chapter V; and\n ``(2) does not include--\n ``(A) a controlled substance (as defined in section \n 102 of the Controlled Substances Act (21 U.S.C. 802));\n ``(B) a biological product (as defined in section \n 351 of the Public Health Service Act (42 U.S.C. 262));\n ``(C) an infused drug (including a peritoneal \n dialysis solution);\n ``(D) an intravenously injected drug;\n ``(E) a drug that is inhaled during surgery;\n ``(F) a parenteral drug;\n ``(G) a drug manufactured through 1 or more \n biotechnology processes, including--\n ``(i) a therapeutic DNA plasmid product;\n ``(ii) a therapeutic synthetic peptide \n product of not more than 40 amino acids;\n ``(iii) a monoclonal antibody product for \n in vivo use; and\n ``(iv) a therapeutic recombinant DNA-\n derived product;\n ``(H) a drug required to be refrigerated at any \n time during manufacturing, packing, processing, or \n holding; or\n ``(I) a photoreactive drug.\n ``(c) Approved Canadian Pharmacy.--\n ``(1) In general.--In this section, an approved Canadian \n pharmacy is a pharmacy that--\n ``(A) is located in Canada; and\n ``(B) that the Secretary certifies--\n ``(i) is licensed to operate and dispense \n prescription drugs to individuals in Canada; \n and\n ``(ii) meets the criteria under paragraph \n (3).\n ``(2) Publication of approved canadian pharmacies.--The \n Secretary shall publish on the Internet Web site of the Food \n and Drug Administration a list of approved Canadian pharmacies, \n including the Internet Web site address of each such approved \n Canadian pharmacy, from which individuals may purchase \n prescription drugs in accordance with subsection (a).\n ``(3) Additional criteria.--To be an approved Canadian \n pharmacy, the Secretary shall certify that the pharmacy--\n ``(A) has been in existence for a period of at \n least 5 years preceding the date of such certification \n and has a purpose other than to participate in the \n program established under this section;\n ``(B) operates in accordance with pharmacy \n standards set forth by the provincial pharmacy rules \n and regulations enacted in Canada;\n ``(C) has processes established by the pharmacy, or \n participates in another established process, to certify \n that the physical premises and data reporting \n procedures and licenses are in compliance with all \n applicable laws and regulations, and has implemented \n policies designed to monitor ongoing compliance with \n such laws and regulations;\n ``(D) conducts or commits to participate in ongoing \n and comprehensive quality assurance programs and \n implements such quality assurance measures, including \n blind testing, to ensure the veracity and reliability \n of the findings of the quality assurance program;\n ``(E) agrees that laboratories approved by the \n Secretary shall be used to conduct product testing to \n determine the safety and efficacy of sample \n pharmaceutical products;\n ``(F) has established, or will establish or \n participate in, a process for resolving grievances and \n will be held accountable for violations of established \n guidelines and rules;\n ``(G) does not resell products from online \n pharmacies located outside Canada to customers in the \n United States; and\n ``(H) meets any other criteria established by the \n Secretary.''.","summary":"Safe and Affordable Drugs from Canada Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada. Is purchased for personal use in quantities not greater than a 90-day supply. Is filled using a valid prescription issued by a physician licensed to practice in the United States. And has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving Canadian pharmacies. Requires HHS to publish a list of approved Canadian pharmacies.","title":"Safe and Affordable Drugs from Canada Act of 2015","text_len":6097,"sum_len":911} {"bill_id":"114_s2994","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``DXM Abuse Prevention Act of 2016''.\n\nSEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.\n\n (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 331) is amended by adding at the end the \nfollowing:\n ``(eee) The failure of a retailer to implement a verification \nsystem as required by section 506G (relating to sales of over-the-\ncounter drugs containing dextromethorphan).''.\n (b) Verification System.--The Federal Food, Drug, and Cosmetic Act \nis amended by inserting after section 506F of such Act (21 U.S.C. 356f) \nthe following:\n\n``SEC. 506G. SALES OF OVER-THE-COUNTER DRUGS CONTAINING \n DEXTROMETHORPHAN.\n\n ``(a) Verification System.--Any retailer selling or offering for \nsale in interstate commerce dextromethorphan shall implement a \nverification system to ensure compliance with this section. Such a \nsystem may ensure such compliance by means of--\n ``(1) an electronic point-of-sale system coded to prompt \n for verification of the age of all purchasers of drugs \n described in subsection (b) and deny sales to those under the \n age of 18;\n ``(2) training manuals or materials instructing employees \n to verify the age of all purchasers of such drugs and deny \n sales to those under the age of 18;\n ``(3) signage in and around the sales counter outlining the \n age restriction on sales of such drugs;\n ``(4) designating one on-duty employee to approve all sales \n of such drugs; or\n ``(5) any other verification measure deemed valid by the \n Secretary.\n ``(b) Prohibition.--Except as provided in subsection (c), each \nretailer shall verify that no individual is under 18 years of age who \npurchases any drug that--\n ``(1) contains dextromethorphan; and\n ``(2) is not subject to section 503(b)(1).\n ``(c) Exceptions.--\n ``(1) Individuals over 26.--Subsection (b) does not require \n verification of the age of any individual over the age of 26.\n ``(2) Valid prescription.--Subsection (b) does not apply to \n any sale made pursuant to a validly issued prescription.\n ``(3) Valid military identification card.--Subsection (b) \n does not apply to any sale to an individual under 18 years of \n age if such individual supplies proof at the time of such sale \n that such individual is actively enrolled in the military and \n presents a valid military identification card.\n ``(d) Affirmative Defense.--It shall be an affirmative defense to \nan alleged violation of subsection (b) that the individual selling a \ndrug containing dextromethorphan--\n ``(1) examined the purchaser's identification card; and\n ``(2) based on that examination, reasonably concluded that \n the identification was valid and indicated that the purchaser \n was not less than 18 years of age.\n ``(e) Definition.--In this paragraph, the term `identification \ncard' means an identification card that--\n ``(1) includes a photograph and the date of birth of the \n individual; and\n ``(2) is issued by a State or the Federal Government or is \n considered acceptable for purposes of sections \n 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code \n of Federal Regulations (including any successor \n regulations).''.\n (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 333) is amended by adding at the end the \nfollowing:\n ``(h) Notwithstanding subsection (a), the following provisions \nshall apply to violations of section 301(eee):\n ``(1) A person who violates section 301(eee) shall--\n ``(A) receive a violation notification from the \n Secretary for the first such violation; and\n ``(B) be subject to a civil penalty in an amount--\n ``(i) not more than $1,000 for the second \n such violation by a person;\n ``(ii) not more than $2,000 for the third \n such violation by a person; and\n ``(iii) not more than $5,000 for the fourth \n such violation, or a subsequent such violation, \n by a person.\n ``(2) In determining the amount of a civil penalty under \n this subsection for a person who is a retailer, the Secretary \n shall consider whether the retailer has taken appropriate steps \n to prevent subsequent violations, such as the establishment and \n administration of a documented employee training program to \n ensure all employees are familiar with and abiding by the \n provisions of section 506G, where such program includes--\n ``(A) educating employees regarding products \n containing dextromethorphan;\n ``(B) instruction on the correct method of checking \n a purchaser's identification card; and\n ``(C) notifying employees of the civil penalties \n under this subsection.\n ``(3) If a person who is a retailer transacts sales of \n products containing dextromethorphan at more than one physical \n location, for purposes of determining the number of violations \n by that person under this subsection, each individual physical \n location operated by that retailer shall be considered a \n separate person.\n ``(4) The Secretary shall notify persons found to have \n violated section 301(eee) as soon as practicable after the \n Secretary discovers such violation. Such notification shall \n include the date and time when the violation was observed to \n occur.\n ``(5) Notwithstanding any other provision of this \n subsection or section 301(eee), an employee shall not be \n subject to penalties under this subsection unless such employee \n knowingly and willfully participates in a conspiracy to violate \n section 301(eee). For purposes of this paragraph, a conspiracy \n shall consist of an agreement between 2 or more persons with \n the intent to violate section 301(eee) and the commission of at \n least one overt act in furtherance of the agreement.\n ``(6) In this subsection--\n ``(A) the term `employee' means an individual who \n is employed by a retailer in a clerical or other non-\n managerial position; and\n ``(B) the term `retailer' means a grocery store, \n general merchandise store, drug store, pharmacy, \n convenience store, or other entity or person whose \n activities as a distributor relating to products \n containing dextromethorphan are limited almost \n exclusively to sales for personal use, both in number \n of sales and volume of sales, including any sales made \n by the Internet or other means.''.\n\nSEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.\n\n The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is \namended--\n (1) in section 501, by adding at the end the following:\n ``(k) If it is unfinished dextromethorphan and is possessed, \nreceived, or distributed in violation of section 506H.'';\n (2) by inserting after section 506G, as added by section \n 2(b), the following:\n\n``SEC. 506H. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.\n\n ``(a) In General.--No person shall--\n ``(1) possess or receive unfinished dextromethorphan, \n unless the person is registered under section 510 or otherwise \n registered, licensed, or approved pursuant to Federal or State \n law to engage in the practice of pharmacy, pharmaceutical \n production, or manufacture or distribution of drug ingredients; \n or\n ``(2) distribute unfinished dextromethorphan to any person \n other than a person registered under section 510 or otherwise \n registered, licensed, or approved pursuant to Federal or State \n law to engage in the practice of pharmacy, pharmaceutical \n production, or manufacture or distribution of drug ingredients.\n ``(b) Exception for Common Carriers.--This section does not apply \nto a common carrier that possesses, receives, or distributes unfinished \ndextromethorphan for purposes of distributing such unfinished \ndextromethorphan between persons described in subsection (a) as \nregistered, licensed, or approved.\n ``(c) Definitions.--In this section:\n ``(1) The term `common carrier' means any person that holds \n itself out to the general public as a provider for hire of the \n transportation by water, land, or air of merchandise, whether \n or not the person actually operates the vessel, vehicle, or \n aircraft by which the transportation is provided, between a \n port or place and a port or place in the United States.\n ``(2) The term `unfinished dextromethorphan' means \n dextromethorphan that is not contained in a drug that is in \n finished dosage form.''; and\n (3) by amending section 303, as amended by section 2(c), by \n adding at the end the following:\n ``(i) Notwithstanding subsection (a), a person who violates section \n506H shall be subject to a civil penalty of not more than $100,000.''.","summary":"DXM Abuse Prevention Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of a drug containing dextromethorphan (DXM) to an individual under age 18 unless the individual has a prescription or is actively enrolled in the military. Civil monetary penalties that escalate upon repeated violation are imposed. To possess or receive unfinished DXM, a person must be registered with the Department of Health and Human Services as a producer of a drug or medical device or otherwise allowed to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. Unfinished DXM may be distributed only to these authorized persons. Common carriers distributing unfinished DXM between authorized persons are exempted. Civil monetary penalties are imposed for possession and distribution violations.","title":"DXM Abuse Prevention Act of 2016","text_len":9765,"sum_len":873} {"bill_id":"113_hr5259","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Investing for Tomorrow's Schools Act \nof 2014''.\n\nSEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM.\n\n (a) Establishment.--\n (1) Cooperative agreements.--Subject to the provisions of \n this section, the Secretary of the Treasury, in consultation \n with the Secretary of Education, may enter into cooperative \n agreements with States for the establishment of State \n infrastructure banks and multistate infrastructure banks for \n making loans--\n (A) to local educational agencies for building or \n repairing elementary or secondary schools which provide \n free public education (as such terms are defined in \n section 14101 of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 8801));\n (B) to public libraries for building or repairing \n library facilities;\n (C) to eligible charter school entities for use for \n the objective described in section 5224(2) of such Act \n (20 U.S.C. 7223c(2)) consistent with subpart 2 of part \n B of title V of such Act (20 U.S.C. 7223 et seq.); and\n (D) to community learning centers to connect and \n improve broadband services.\n (2) Interstate compacts.--Congress grants consent to two or \n more of the States, entering into a cooperative agreement under \n paragraph (1) with the Secretary of the Treasury for the \n establishment of a multistate infrastructure bank, to enter \n into an interstate compact establishing such bank in accordance \n with this section.\n (b) Funding.--The Secretary of the Treasury, in consultation with \nthe Secretary of Education, shall make grants to State infrastructure \nbanks and multistate infrastructure banks in a State in a cooperative \nagreement under subsection (a)(1) to provide initial capital for loans \nprovided under this section. Each bank shall apply repayments of \nprincipal and interest on loans to the making of additional loans. The \nSecretary shall take final action on an application for a grant under \nthis subsection within 90 days of the date of the submission of such \napplication.\n (c) Infrastructure Bank Requirements.--In order to establish an \ninfrastructure bank under this section, each State establishing the \nbank shall--\n (1) contribute, at a minimum, in each account of the bank \n from non-Federal sources an amount equal to 25 percent of the \n amount of each capitalization grant made to the State and \n contributed to the bank under subsection (b);\n (2) identify an operating entity of the State as recipient \n of the grant if the entity has the capacity to manage loan \n funds and issue debt instruments of the State for purposes of \n leveraging the funds;\n (3) allow such funds to be used as reserve for debt issued \n by the State so long as proceeds are deposited in the fund for \n loan purposes;\n (4) ensure that investment income generated by funds \n contributed to an account of the bank will be--\n (A) credited to the account;\n (B) available for use in providing loans to \n projects eligible for assistance from the account; and\n (C) invested in United States Treasury securities, \n bank deposits, or such other financing instruments as \n the Secretary may approve to earn interest to enhance \n the leveraging of projects assisted by the bank;\n (5) ensure that any loan from the bank to an eligible \n charter school entity, local educational agency, public \n library, or community learning center will bear interest at or \n below the lowest interest rates being offered for bonds the \n income from which is exempt from Federal taxation, as \n determined by the State, to make the project that is the \n subject of the loan feasible;\n (6) ensure that repayment of any loan from the bank to an \n eligible charter school entity, local educational agency, \n public library, or community learning center will commence not \n later than 1 year after the project has been completed;\n (7) ensure that the term for repaying any loan to an \n eligible charter school entity, local educational agency, \n public library, or community learning center will not exceed 30 \n years after the date of the first payment on the loan under \n paragraph (5);\n (8) ensure that the funds loaned annually that are used \n under subsection (a)(1)(C) are limited to a percentage of the \n total funds loaned that does not exceed the percentage of \n elementary and secondary school students in the State enrolled \n in charter schools during the most recent school year for which \n enrollment data are available;\n (9) ensure that the funds loaned annually under subsection \n (a)(1)(D) are used exclusively to connect and improve broadband \n services; and\n (10) require the bank to make an annual report to the \n Secretary on its status and make such other reports as the \n Secretary may require by guidelines.\n (d) Forms of Assistance From Infrastructure Banks.--\n (1) In general.--An infrastructure bank established under \n this section may make loans in an amount equal to all or part \n of the cost of carrying out a project eligible for assistance \n under this section.\n (2) Applications for loans.--An application to an \n infrastructure bank for a loan shall include--\n (A) in the case of a renovation project, a \n description of each architectural, civil, structural, \n mechanical, or electrical deficiency to be corrected \n with funds under a loan and the priorities to be \n applied;\n (B) a description of the criteria used by the \n applicant to determine the type of corrective action \n necessary for the renovation of a facility;\n (C) a description of improvements to be made and a \n cost estimate for the improvements;\n (D) a description of how work undertaken with the \n loan will promote the conservation of energy, water, or \n waste; and\n (E) such other information as the infrastructure \n bank may require.\n An infrastructure bank shall take final action on a completed \n application submitted to it within 90 days after the date of \n its submission.\n (3) Criteria for loans.--In considering applications for a \n loan to an eligible charter school entity, local educational \n agency, public library, or community learning center, an \n infrastructure bank shall consider--\n (A) the extent to which the eligible charter school \n entity, local educational agency, public library, or \n community learning center involved lacks the fiscal \n capacity, including the ability to raise funds through \n the full use of such agency's bonding capacity and \n otherwise, to undertake the project for which the loan \n would be used without the loan;\n (B) in the case of a local educational agency, the \n threat that the condition of the physical plant in the \n project poses to the safety and well-being of students;\n (C) the demonstrated need for the construction, \n reconstruction, or renovation based on the condition of \n the facility in the project;\n (D) the age of such facility; and\n (E) demonstrated need to connect and improve \n broadband services in the local community.\n (e) Qualifying Projects.--\n (1) In general.--Subject to subsection (a)(1), a project is \n eligible for a loan from an infrastructure bank if it is a \n project that consists of--\n (A) the construction of new elementary or secondary \n schools to meet the needs imposed by enrollment growth;\n (B) the repair, rebuilding, or upgrading of \n classrooms or structures related to academic learning, \n including the repair of leaking roofs, crumbling walls, \n inadequate plumbing, poor ventilation equipment, and \n inadequate heating or light equipment;\n (C) an activity to increase physical safety at the \n educational facility involved;\n (D) an activity to enhance the educational facility \n involved to provide access for students, teachers, and \n other individuals with disabilities;\n (E) an activity to address environmental or health \n hazards at the educational facility involved, such as \n poor ventilation, indoor air quality, or lighting;\n (F) the provision of basic infrastructure that \n facilitates educational technology, such as \n communications outlets, electrical systems, power \n outlets, or a communication closet;\n (G) work that will bring an educational facility \n into conformity with the requirements of--\n (i) environmental protection or health and \n safety programs mandated by Federal, State, or \n local law if such requirements were not in \n effect when the facility was initially \n constructed; and\n (ii) hazardous waste disposal, treatment, \n and storage requirements mandated by the \n Resource Conservation and Recovery Act of 1976 \n or similar State laws;\n (H) work that will enable efficient use of \n available energy resources;\n (I) work that will reduce reliance on fossil fuels \n and expand use of solar power, wind power, and other \n renewable energy resources;\n (J) work to detect, remove, or otherwise contain \n asbestos hazards in educational facilities;\n (K) work to construct new public library facilities \n or repair or upgrade existing public library \n facilities;\n (L) work to connect entities described in \n subsection (a)(1) to broadband services, and to improve \n such connections for such entities; or\n (M) measures designed to reduce or eliminate human \n exposure to classroom noise and environmental noise \n pollution.\n (2) Davis-bacon.--The wage requirements of the Act of March \n 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a \n et seq.) shall apply with respect to individuals employed on \n the projects described in paragraph (1).\n (3) Green practices.--An entity using a loan under this \n section to fund a new construction or renovation project \n described in paragraph (1) shall ensure that the project is \n certified, verified, or consistent with State laws, \n regulations, and any applicable provisions of--\n (A) the LEED Green Building Rating System;\n (B) Living Building Challenge;\n (C) the CHPS green building rating program \n developed by the Collaborative for High Performance \n Schools; or\n (D) a program that--\n (i) has equivalent or more stringent \n standards;\n (ii) is adopted by the State or another \n jurisdiction with authority over the entity; \n and\n (iii) includes a verifiable method to \n demonstrate compliance with such program.\n (f) Supplementation.--Any loan made by an infrastructure bank shall \nbe used to supplement and not supplant other Federal, State, and local \nfunds available.\n (g) Limitation on Repayments.--Notwithstanding any other provision \nof law, the repayment of a loan from an infrastructure bank under this \nsection may not be credited towards the non-Federal share of the cost \nof any project.\n (h) Secretarial Requirements.--In administering this section, the \nSecretary of the Treasury shall specify procedures and guidelines for \nestablishing, operating, and providing assistance from an \ninfrastructure bank.\n (i) United States Not Obligated.--The contribution of Federal funds \ninto an infrastructure bank established under this section shall not be \nconstrued as a commitment, guarantee, or obligation on the part of the \nUnited States to any third party, nor shall any third party have any \nright against the United States for payment solely by virtue of the \ncontribution. Any security or debt financing instrument issued by the \ninfrastructure bank shall expressly state that the security or \ninstrument does not constitute a commitment, guarantee, or obligation \nof the United States.\n (j) Management of Federal Funds.--Sections 3335 and 6503 of title \n31, United States Code, shall not apply to funds contributed under this \nsection.\n (k) Program Administration.--For each of fiscal years 2015 through \n2019, a State may expend not to exceed 2 percent of the Federal funds \ncontributed to an infrastructure bank established by the State under \nthis section to pay the reasonable costs of administering the bank.\n (l) Secretarial Review.--The Secretary of the Treasury shall review \nthe financial condition of each infrastructure bank established under \nthis section and transmit to Congress a report on the results of such \nreview not later than 90 days after the completion of the review.\n (m) Authorization of Appropriations.--For grants to States for the \ninitial capitalization of infrastructure banks there are authorized to \nbe appropriated $500,000,000 for fiscal year 2015 and for each of the 4 \nsucceeding fiscal years.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Community learning center.--The term ``community \n learning center'' has the meaning given such term in section \n 4201(b)(1) of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 7171(b)(1)).\n (2) Eligible charter school entity.--The term ``eligible \n charter school entity'' means--\n (A) a charter school (as defined in section 5210 of \n the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 7221i)); or\n (B) a developer (as so defined) that has applied to \n an authorized public chartering agency (as so defined) \n to operate a charter school.\n (3) Local educational agency.--(A) The term ``local \n educational agency'' means a public board of education or other \n public authority legally constituted within a State for either \n administrative control or direction of, or to perform a service \n function for, public elementary or secondary schools in a city, \n county, township, school district, or other political \n subdivision of a State, or for such combination of school \n districts or counties as are recognized in a State as an \n administrative agency for its public elementary or secondary \n schools.\n (B) The term includes any other public institution or \n agency having administrative control and direction of a public \n elementary or secondary school.\n (C) The term includes an elementary or secondary school \n funded by the Bureau of Indian Affairs but only to the extent \n that such inclusion makes such school eligible for programs for \n which specific eligibility is not provided to such school in \n another provision of law and such school does not have a \n student population that is smaller than the student population \n of the local educational agency receiving assistance under this \n Act with the smallest student population, except that such \n school shall not be subject to the jurisdiction of any State \n educational agency other than the Bureau of Indian Affairs.\n (4) Outlying area.--The term ``outlying area'' means the \n Virgin Islands, Guam, American Samoa, the Commonwealth of the \n Northern Mariana Islands, the Republic of the Marshall Islands, \n the Federated States of Micronesia, and the Republic of Palau.\n (5) Public library.--The term ``public library'' means a \n library that serves free of charge all residents of a \n community, district, or region, and receives its financial \n support in whole or in part from public funds. Such term also \n includes a research library, which, for the purposes of this \n sentence, means a library that--\n (A) makes its services available to the public free \n of charge;\n (B) has extensive collections of books, \n manuscripts, and other materials suitable for scholarly \n research which are not available to the public through \n public libraries;\n (C) engages in the dissemination of humanistic \n knowledge through services to readers, fellowships, \n educational and cultural programs, publication of \n significant research, and other activities; and\n (D) is not an integral part of an institution of \n higher education.\n (6) State.--The term ``State'' means each of the 50 States, \n the District of Columbia, the Commonwealth of Puerto Rico, and \n each of the outlying areas.","summary":"Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25 of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards , or (5) equivalent standards adopted by the entities that have jurisdiction over them.","title":"Investing for Tomorrow's Schools Act of 2014","text_len":18712,"sum_len":1368} {"bill_id":"105_s1128","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Domestic Violence Victims Housing \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Abuse.--The term ``abuse'' includes any act that \n constitutes or causes, any attempt to commit, or any threat to \n commit--\n (A) any bodily injury or physical illness, \n including placing, by physical menace, another in fear \n of imminent serious bodily injury;\n (B) any rape, sexual assault, or involuntary sexual \n activity, or any sexual activity with a dependent \n child;\n (C) the infliction of false imprisonment or other \n nonconsensual restraints on liberty of movement;\n (D) deprivation of medical care, housing, food, or \n other necessities of life; or\n (E) mental or psychological abuse, including \n repeated or severe humiliation, intimidation, \n criticism, acts designed to induce terror, or verbal \n abuse.\n (2) Domestic violence.--The term ``domestic violence'' \n means abuse that is committed against an individual by--\n (A) a spouse or former spouse of the individual;\n (B) an individual who is the biological parent or \n stepparent of a child of the individual subject to the \n abuse, who adopted such child, or who is a legal \n guardian to such a child;\n (C) an individual with whom the individual subject \n to the abuse is or was cohabiting;\n (D) a current or former romantic, intimate, or \n sexual partner of the individual; or\n (E) an individual from whom the individual subject \n to the abuse would be eligible for protection under the \n domestic violence, protection order, or family laws of \n the applicable jurisdiction.\n (3) Family victimized by domestic violence.--\n (A) In general.--The term ``family victimized by \n domestic violence'' means a family or household that \n includes an individual who has been determined under \n subparagraph (B) to have been subject to domestic \n violence, but does not include any individual described \n in paragraph (3) who committed the domestic violence. \n The term includes any such family or household in which \n only a minor or minors are the individual or \n individuals who was or were subject to domestic \n violence only if such family or household also includes \n a parent, stepparent, legal guardian, or other \n responsible caretaker for the child.\n (B) Determination that family or individual was \n subject to domestic violence.--For purposes of \n subparagraph (A), a determination under this \n subparagraph is a determination that domestic violence \n has been committed, which is made by any agency or \n official of a State or unit of general local government \n (including a public housing agency) based upon--\n (i) information provided by any medical, \n legal, counseling, or other clinic, shelter, or \n other program or entity licensed, recognized, \n or authorized by the State or unit of general \n local government to provide services to victims \n of domestic violence;\n (ii) information provided by any agency of \n the State or unit of general local government \n that provides or administers the provision of \n social, legal, or health services;\n (iii) information provided by any clergy;\n (iv) information provided by any hospital, \n clinic, medical facility, or doctor licensed or \n authorized by the State or unit of general \n local government to provide medical services;\n (v) a petition or complaint filed in a \n court or law or documents or records of action \n of any court or law enforcement agency, \n including any record of any protection order, \n injunction, or temporary or final order issued \n by civil or criminal courts or any police \n report; or\n (vi) any other reliable evidence that \n domestic violence has occurred.\n (4) Public housing agency.--The term ``public housing \n agency'' has the meaning given the term in section 3(b) of the \n United States Housing Act of 1937 (42 U.S.C. 1437a(b)).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (6) State.--The term ``State'' means the States of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the Commonwealth of the Northern Mariana Islands, \n Guam, the Virgin Islands, American Samoa, and any other \n territory or possession of the United States.\n (7) Unit of general local government.--The term ``unit of \n general local government'' has the meaning given the term in \n section 102(a) of the Housing and Community Development Act of \n 1974 (42 U.S.C. 5302(a)).\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n The budget authority under section 5(c) of the United States \nHousing Act of 1937 for assistance under subsections (b) and (o) of \nsection 8 of such Act is authorized to be increased by--\n (1) $50,000,000 on or after October 1, 1997; and\n (2) such sums as may be necessary on or after October 1, \n 1998.\n\nSEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC \n VIOLENCE.\n\n (a) In General.--Amounts available pursuant to section 3 shall be \nmade available by the Secretary of Housing and Urban Development only \nto public housing agencies only for use in providing tenant-based \nrental assistance on behalf of families victimized by domestic violence \nwho have left or who are leaving a residence as a result of the \ndomestic violence.\n (b) Determination.--For purposes of subsection (a), a family \nvictimized by domestic violence shall be considered to have left or to \nbe leaving a residence as a result of domestic violence, if the public \nhousing agency providing rental assistance under this Act determines \nthat the member of the family who was subject to the domestic violence \nreasonably believes that relocation from such residence will assist in \navoiding future domestic violence against such member or another member \nof the family.\n (c) Allocation.--Amounts made available pursuant to section 3 shall \nbe allocated by the Secretary to one or more public housing agencies \nthat submit applications to the Secretary that, in the determination of \nthe Secretary, best demonstrate--\n (1) a need for such assistance; and\n (2) the ability to use that assistance in accordance with \n this Act.","summary":"Domestic Violence Victims Housing Act - Increases specified authorizations of appropriations under the United States Housing Act of 1937 to provide rental relocation assistance to victims of domestic violence.","title":"Domestic Violence Victims Housing Act","text_len":7661,"sum_len":209} {"bill_id":"109_hr5219","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Judicial Transparency and Ethics \nEnhancement Act of 2006''.\n\nSEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.\n\n (a) Creation and Duties.--Part III of title 28, United States Code, \nis amended by adding at the end the following:\n\n ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH\n\n``1021. Establishment.\n``1022. Appointment of Inspector General.\n``1023. Duties.\n``1024. Powers.\n``1025. Reports.\n``1026. Whistleblower protection.\n``Sec. 1021. Establishment\n ``There is established for the judicial branch of the Government \nthe Office of Inspector General for the Judicial Branch (hereinafter in \nthis chapter referred to as the `Office').\n``Sec. 1022. Appointment of Inspector General\n ``The head of the Office shall be the Inspector General, who shall \nbe appointed by the Chief Justice of the United States after \nconsultation with the majority and minority leaders of the Senate and \nthe Speaker and minority leader of the House of Representatives.\n``Sec. 1023. Duties\n ``With respect to the Judicial Branch, other than the United States \nSupreme Court, the Office shall--\n ``(1) conduct investigations of matters pertaining to the \n Judicial Branch, including possible misconduct in office of \n judges and proceedings under chapter 16 of this title, that may \n require oversight or other action within the Judicial Branch or \n by Congress;\n ``(2) conduct and supervise audits and investigations;\n ``(3) prevent and detect waste, fraud, and abuse; and\n ``(4) recommend changes in laws or regulations governing \n the Judicial Branch.\n``Sec. 1024. Powers\n ``In carrying out the duties of the Office, the Inspector General \nshall have the power--\n ``(1) to make investigations and reports;\n ``(2) to obtain information or assistance from any Federal, \n State, or local governmental agency, or other entity, or unit \n thereof, including all information kept in the course of \n business by the Judicial Conference of the United States, the \n judicial councils of circuits, the Administrative Office of the \n United States Courts, and the United States Sentencing \n Commission;\n ``(3) to require, by subpoena or otherwise, the attendance \n and testimony of such witnesses, and the production of such \n books, records, correspondence memoranda, papers, and \n documents, which subpoena, in the case of contumacy or refusal \n to obey, shall be enforceable by civil action;\n ``(4) to administer to or take from any person an oath, \n affirmation, or affidavit;\n ``(5) to employ such officers and employees, subject to the \n provisions of title 5, United States Code, governing \n appointments in the competitive service, and the provisions of \n chapter 51 and subchapter III of chapter 53 of such title \n relating to classification and General Schedule pay rates;\n ``(6) to obtain services as authorized by section 3109 of \n title 5, United States Code, at daily rates not to exceed the \n equivalent rate prescribed for grade GS-18 of the General \n Schedule by section 5332 of title 5, United States Code; and\n ``(7) to the extent and in such amounts as may be provided \n in advance by appropriations Acts, to enter into contracts and \n other arrangements for audits, studies, analyses, and other \n services with public agencies and with private persons, and to \n make such payments as may be necessary to carry out the duties \n of the Office.\n``Sec. 1025. Reports\n ``(a) When to Be Made.--The Inspector General shall--\n ``(1) make an annual report to the Chief Justice and to \n Congress relating to the activities of the Office; and\n ``(2) make prompt reports to the Chief Justice and to \n Congress on matters that may require action by them.\n ``(b) Sensitive Matter.--If a report contains sensitive matter, the \nInspector General may so indicate and Congress may receive that report \nin closed session.\n ``(c) Duty to Inform Attorney General.--In carrying out the duties \nof the Office, the Inspector General shall report expeditiously to the \nAttorney General whenever the Inspector General has reasonable grounds \nto believe there has been a violation of Federal criminal law.\n``Sec. 1026. Whistleblower protection\n ``(a) In General.--No officer, employee, agent, contractor or \nsubcontractor in the Judicial Branch may discharge, demote, threaten, \nsuspend, harass or in any other manner discriminate against an employee \nin the terms and conditions of employment because of any lawful act \ndone by the employee to provide information, cause information to be \nprovided, or otherwise assist in an investigation regarding any \npossible violation of Federal law or regulation, or misconduct, by a \njudge or any other employee in the Judicial Branch, which may assist \nthe Inspector General in the performance of duties under this chapter.\n ``(b) Civil Action.--An employee injured by a violation of \nsubsection (a) may, in a civil action, obtain appropriate relief.''.\n (b) Clerical Amendment.--The table of chapters for part III of \ntitle 28, United States Code, is amended by adding at the end the \nfollowing new item:\n\n``60. Inspector General for the Judicial Branch.''.","summary":"Judicial Transparency and Ethics Enhancement Act of 2006 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the US government, to be headed by an Inspector General appointed by the Chief Justice. Requires the Office to: (1) investigate matters pertaining to the Judicial Branch , including possible misconduct in office of justices and judges, (2) conduct and supervise audits and investigations. And (3) prevent and detect waste, fraud, and abuse. Provides for whistleblower protection.","title":"To amend title 28, United States Code, to provide for the detection and prevention of inappropriate conduct in the Federal judiciary.","text_len":5530,"sum_len":543} {"bill_id":"106_hr3561","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Japanese Imperial Army Disclosure \nAct''.\n\nSEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS INTERAGENCY \n WORKING GROUP.\n\n (a) Definitions.--In this section:\n (1) Agency.--The term ``agency'' has the meaning given such \n term under section 551 of title 5, United States Code.\n (2) Interagency group.--The term ``Interagency Group'' \n means the Japanese Imperial Army Records Interagency Working \n Group established under subsection (b).\n (3) Japanese imperial army records.--The term ``Japanese \n Imperial Army records'' means classified records or portions of \n records that pertain to any person with respect to whom the \n United States Government, in its sole discretion, has grounds \n to believe ordered, incited, assisted, or otherwise \n participated in the experimentation and persecution of any \n person because of race, religion, national origin, or political \n option, during the period beginning September 18, 1931, and \n ending on December 31, 1948, under the direction of, or in \n association with--\n (A) the Japanese Imperial Army;\n (B) any government in any area occupied by the \n military forces of the Japanese Imperial Army;\n (C) any government established with the assistance \n or cooperation of the Japanese Imperial Army; or\n (D) any government which was an ally of the \n Imperial Army of Japan.\n (4) Record.--The term ``record'' means a Japanese Imperial \n Army record.\n (b) Establishment of Interagency Group.--\n (1) In general.--Not later than 60 days after the date of \n enactment of this Act, the President shall establish the \n Japanese Imperial Army Records Interagency Working Group, which \n shall remain in existence for 3 years after the date the \n Interagency Group is established.\n (2) Membership.--The President shall appoint to the \n Interagency Group individuals whom the President determines \n will most completely and effectively carry out the functions of \n the Interagency Group within the time limitations provided in \n this section, including the Historian of the Department of \n State, the Archivist of the United States, the head of any \n other agency the President considers appropriate, and no more \n than 3 other persons. The head of an agency appointed by the \n President may designate an appropriate officer to serve on the \n Interagency Group in lieu of the head of such agency.\n (3) Initial meeting.--Not later than 90 days after the date \n of enactment of this Act, the Interagency Group shall hold an \n initial meeting and begin the functions required under this \n section.\n (c) Functions.--Not later than 1 year after the date of enactment \nof this Act, the Interagency Group shall, to the greatest extent \npossible consistent with section 3 of this Act--\n (1) locate, identify, inventory, recommend for \n declassification, and make available to the public at the \n National Archives and Records Administration, all classified \n Japanese Imperial Army records of the United States;\n (2) coordinate with agencies and take such actions as \n necessary to expedite the release of such records to the \n public; and\n (3) submit a report to Congress, including the Committee on \n Government Reform of the House of Representatives, describing \n all such records, the disposition of such records, and the \n activities of the Interagency Group and agencies under this \n section.\n (d) Funding.--There are authorized to be appropriated such sum as \nmay be necessary to carry out the provisions of this Act.\n\nSEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS.\n\n (a) Release of Records.--\n (1) In general.--Subject to paragraphs (2), (3), and (4), \n the Japanese Imperial Army Records Interagency Working Group \n shall release in their entirety Japanese Imperial Army records.\n (2) Exception for privacy.--An agency head may exempt from \n release under paragraph (1) specific information, that would--\n (A) constitute a clearly unwarranted invasion of \n personal privacy;\n (B) reveal the identity of a confidential human \n source, or reveal information about the application of \n an intelligence source or method, or reveal the \n identity of a human intelligence source when the \n unauthorized disclosure of that source would clearly \n and demonstrably damage the national security interests \n of the United States;\n (C) reveal information that would assist in the \n development or use of weapons of mass destruction;\n (D) reveal information that would impair United \n States cryptologic systems or activities;\n (E) reveal information that would impair the \n application of state-of-the-art technology within a \n United States weapon system;\n (F) reveal actual United States military war plans \n that remain in effect;\n (G) reveal information that would seriously and \n demonstrably impair relations between the United States \n and a foreign government, or seriously and demonstrably \n undermine ongoing diplomatic activities of the United \n States;\n (H) reveal information that would clearly, and \n demonstrably impair the current ability of United \n States Government officials to protect the President, \n Vice President, and other officials for whom protection \n services are authorized in the interest of national \n security;\n (I) reveal information that would seriously and \n demonstrably impair current national security emergency \n preparedness plans; or\n (J) violate a treaty or other international \n agreement.\n (3) Applications of exemptions.--\n (A) In general.--In applying the exemptions \n provided in subparagraphs (B) through (J) of paragraph \n (2), there shall be a presumption that the public \n interest will be served by disclosure and release of \n the records of the Japanese Imperial Army. The \n exemption may be asserted only when the head of the \n agency that maintains the records determines that \n disclosure and release would be harmful to a specific \n interest identified in the exemption. An agency head \n who makes such a determination shall promptly report it \n to the committees of Congress with appropriate \n jurisdiction, including the Committee on the Judiciary \n of the Senate and the Committee on Government Reform of \n the House of Representatives.\n (B) Application of title 5.--A determination by an \n agency head to apply an exemption provided in \n subparagraphs (B) through (I) of paragraph (2) shall be \n subject to the same standard of review that applies in \n the case of records withheld under section 552(b)(1) of \n title 5, United States Code.\n (4) Limitation on exemptions.--\n (A) In general.--The exemptions set forth in \n paragraph (2) shall constitute the only grounds \n pursuant to which an agency head may exempt records \n otherwise subject to release under paragraph (1).\n (B) Records related to investigation or \n prosecutions.--This subsection shall not apply to \n records--\n (i) related to or supporting any active or \n inactive investigation, inquiry, or prosecution \n by the Office of Special Investigations of the \n Department of Justice; or\n (ii) solely in the possession, custody, or \n control of the Office of Special \n Investigations.\n (b) Inapplicability of National Security Act of 1947 Exemption.--\nSection 701(a) of the National Security Act of 1947 (50 U.S.C. 431) \nshall not apply to any operational file, or any portion of any \noperational file, that constitutes a Japanese Imperial Army record \nunder this Act.\n\nSEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL \n ARMY RECORDS.\n\n For purposes of expedited processing under section 552(a)(6)(E) of \ntitle 5, United States Code, any person who was persecuted in the \nmanner described in section 2(a)(3) and who requests a Japanese \nImperial Army record shall be deemed to have a compelling need for such \nrecord.\n\nSEC. 5. EFFECTIVE DATE.\n\n The provisions of this Act shall take effect on the date that is 90 \ndays after the date of enactment of this Act.","summary":"Requires the Group to release such records in their entirety, with an exception for disclosures protected under Federal privacy laws or for certain national security information reasons. Provides a rebuttable presumption that the public interest will be served by the disclosure of such records. Provides for the expedited processing of Freedom of Information Act requests for such records by parties claiming to have been so persecuted.","title":"Japanese Imperial Army Disclosure Act","text_len":9642,"sum_len":437} {"bill_id":"110_s3160","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Sea Grant College Program \nAmendments Act of 2008''.\n\nSEC. 2. REFERENCES\n\n Except as otherwise expressly provided therein, whenever in this \nAct an amendment or repeal is expressed in terms of an amendment to, or \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of the National \nSea Grant College Program Act (33 U.S.C. 1121 et seq.).\n\nSEC. 3. FINDINGS AND PURPOSE.\n\n (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--\n (1) by striking subparagraphs (D) and (E) of paragraph (1) \n and inserting the following:\n ``(D) encourage the development of preparation, \n forecast, analysis, mitigation, response, and recovery \n systems for coastal hazards;\n ``(E) understand global environmental processes and \n their impacts on ocean, coastal, and Great Lakes \n resources; and'';\n (2) by striking ``program of research, education,'' in \n paragraph (2) and inserting ``program of integrated research, \n education, extension,''; and\n (3) by striking paragraph (6) and inserting the following:\n ``(6) The National Oceanic and Atmospheric Administration, \n through the national sea grant college program, offers the most \n suitable locus and means for such commitment and engagement \n through the promotion of activities that will result in greater \n such understanding, assessment, development, management, and \n conservation of ocean, coastal, and Great Lakes resources. The \n most cost-effective way to promote such activities is through \n continued and increased Federal support of the establishment, \n development, and operation of programs and projects by sea \n grant colleges, sea grant institutes, and other institutions, \n including strong collaborations between Administration \n scientists and research and outreach personnel at academic \n institutions.''.\n (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by \nstriking ``to promote research, education, training, and advisory \nservice activities'' and inserting ``to promote integrated research, \neducation, training, and extension services and activities''.\n (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. \n1121(a) and (b)) are amended by striking ``utilization,'' each place it \nappears and inserting ``management,''.\n\nSEC. 4. DEFINITIONS.\n\n Section 203 (33 U.S.C. 1122) is amended--\n (1) in paragraph (4) by striking ``utilization,'' and \n inserting ``management,'';\n (2) in paragraph (11) by striking ``advisory services'' and \n inserting ``extension services'';\n (3) in each of paragraphs (12) and (13) by striking ``(33 \n U.S.C. 1126)''; and\n (4) by adding at the end the following:\n ``(17) The term `regional research and information plan' \n means a plan developed by one or more sea grant colleges or sea \n grant institutes that identifies regional priorities.''.\n\nSEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.\n\n (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is \namended--\n (1) by amending in paragraph (1) to read as follows:\n ``(1) sea grant programs that comprise a national sea grant \n college program network, including international projects \n conducted within such programs and regional and national \n projects conducted among such programs;'';\n (2) by amending paragraph (2) to read as follows:\n ``(2) administration of the national sea grant college \n program and this title by the national sea grant office and the \n Administration;''; and\n (3) by amending paragraph (4) to read as follows:\n ``(4) any regional or national strategic investments in \n fields relating to ocean, coastal, and Great Lakes resources \n developed in consultation with the Board and with the approval \n of the sea grant colleges and the sea grant institutes.''.\n (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) \nis amended by striking ``Within 6 months of the date of enactment of \nthe National Sea Grant College Program Reauthorization Act of 1998, \nthe'' and inserting ``The''.\n (c) Functions of Director of National Sea Grant College Program.--\nSection 204(d) (33 U.S.C. 1123(d)) is amended--\n (1) in paragraph (2)(A), by striking ``long range'';\n (2) in paragraph (3)(A)--\n (A) by striking ``(A)(i) evaluate'' and inserting \n ``(A) evaluate and assess'';\n (B) by striking ``activities; and'' and inserting \n ``activities;''; and\n (C) by striking clause (ii); and\n (3) in paragraph (3)(B)--\n (A) by redesignating clauses (ii) through (iv) as \n clauses (iii) through (v), respectively, and by \n inserting after clause (i) the following:\n ``(ii) encourage collaborations among sea \n grant colleges and sea grant institutes to \n address regional and national priorities \n established under subsection (c)(1);''; and\n (B) in clause (iii) (as so redesignated) by \n striking ``encourage'' and inserting ``ensure''.\n\nSEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.\n\n Section 205 (33 U.S.C. 1124) is amended--\n (1) by striking ``States or regions.'' in subsection (a)(2) \n and inserting ``States, regions, or the Nation.''; and\n (2) by striking the matter following paragraph (3) in \n subsection (b) and inserting the following:\n``The total amount that may be provided for grants under this \nsubsection and subsection 208(b) during any fiscal year shall not \nexceed an amount equal to 5 percent of the total funds appropriated for \nsuch year under section 212.''.\n\nSEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT \n INSTITUTES.\n\n Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs \n(2)(B) and (3)(B) by striking ``advisory services'' and inserting \n``extension services''.\n\nSEC. 8. FELLOWSHIPS.\n\n Section 208(a) (33 U.S.C. 1127) is amended--\n (1) by striking ``Not later than 1 year after the date of \n the enactment of the National Sea Grant College Program Act \n Amendments of 2002, and every 2 years thereafter,'' in \n subsection (a) and inserting ``Every 2 years,''; and\n (2) by striking ``year.'' in subsection (b) and inserting \n ``year and is not subject to Federal cost share requirements''.\n\nSEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.\n\n (a) Redesignation of Sea Grant Review Panel as Board.--\n (1) Redesignation.--The sea grant review panel established \n by section 209 of the National Sea Grant College Program Act \n (33 U.S.C. 1128), as in effect before the date of the enactment \n of this Act, is redesignated as the National Sea Grant Advisory \n Board.\n (2) Membership not affected.--An individual serving as a \n member of the sea grant review panel immediately before the \n enactment of this Act may continue to serve as a member of the \n National Sea Grant Advisory Board until the expiration of such \n member's term under section 209(c) of such Act (33 U.S.C. \n 1128(c).\n (3) References.--Any reference in a law, map, regulation, \n document, paper, or other record of the United States to such \n sea grant review panel is deemed to be a reference to the \n National Sea Grant Advisory Board.\n (4) Conforming amendments.--\n (A) In general.--Section 209 (33 U.S.C. 1128) is \n amended by striking so much as precedes subsection (b) \n and inserting the following:\n\n``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.\n\n ``(a) Establishment.--There shall be an independent committee to be \nknown as the National Sea Grant Advisory Board.''.\n (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) \n is amended to read as follows:\n ``(9) The term `Board' means the National Sea Grant \n Advisory Board established under section 209.'';\n (C) Other provisions.--The following provisions are \n each amended by striking ``panel'' each place it \n appears and inserting ``Board'':\n (i) Section 204 (33 U.S.C. 1123).\n (ii) Section 207 (33 U.S.C. 1126).\n (iii) Section 209 (33 U.S.C. 1128).\n (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read \nas follows:\n ``(b) Duties.--\n ``(1) In general.--The Board shall advise the Secretary and \n the Director concerning--\n ``(A) strategies for utilizing the sea grant \n college program to address the Nation's highest \n priorities regarding the understanding, assessment, \n development, management, and conservation of ocean, \n coastal, and Great Lakes resources;\n ``(B) the designation of sea grant colleges and sea \n grant institutes; and\n ``(C) such other matters as the Secretary refers to \n the Board for review and advice.\n ``(2) Biennial report.--The Board shall report to the \n Congress every two years on the state of the national sea grant \n college program. The Board shall indicate in each such report \n the progress made toward meeting the priorities identified in \n the strategic plan in effect under section 204(c). The \n Secretary shall make available to the Board such information, \n personnel, and administrative services and assistance as it may \n reasonably require to carry out its duties under this title.''.\n (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. \n1128(c)(1)) is amended--\n (1) by inserting ``coastal management,'' after ``resources \n management,''; and\n (2) by striking ``utilization,'' and inserting \n ``management,''.\n (d) Extension of Term.--Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is \namended to read as follows:\n ``(2) The term of office of a voting member of the Board \n shall be 4 years. The Director may extend the term of office of \n a voting member of the Board once by up to 1 year.''.\n (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. \n1128(c)) is amended by adding at the end the following:\n ``(8) The Board may establish such subcommittees as are reasonably \nnecessary to carry out its duties under subsection (b). Such \nsubcommittees may include individuals who are not Board members.''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 212 of the National Sea Grant College Program Act (33 \nU.S.C. 1131) is amended--\n (1) by striking subsection (a)(1) and inserting the \n following: ``(1) In general.--There are authorized to be \n appropriated to the Secretary to carry out this title--\n ``(A) $100,000,000 for fiscal year 2009;\n ``(B) $105,000,000 for fiscal year 2010;\n ``(C) $110,000,000 for fiscal year 2011;\n ``(D) $115,000,000 for fiscal year 2012;\n ``(E) $120,000,000 for fiscal year 2013; and\n ``(F) $125,000,000 for fiscal year 2014.'';\n (2) in subsection (a)(2)--\n (A) by striking ``biology and control of zebra \n mussels and other important aquatic'' in subparagraph \n (A) and inserting ``biology, prevention, and control of \n aquatic''; and\n (B) by striking ``blooms, including Pfiesteria \n piscicida; and'' in subparagraph (C) and inserting \n ``blooms; and'';\n (3) in subsection (c)(1) by striking ``rating under section \n 204(d)(3)(A)'' and inserting ``performance assessments'';\n (4) by striking subsection (c)(2) and inserting the \n following:\n ``(2) regional or national strategic investments authorized under \nsection 204(b)(4);''.\n\nSEC. 11. REPEAL OF ANNUAL COORDINATION REPORT REQUIREMENT.\n\n Section 9 of the National Sea Grant College Program Act Amendments \nof 2002 (33 U.S.C. 857-20) is repealed.\n ","summary":"National Sea Grant College Program Amendments Act of 2008 - Amends the National Sea Grant College Program Act to: (1) substitute management for utilization in the definition of field related to ocean, coastal, and Great Lakes resources. (2) substitute extension services for advisory services in the definition of project. And (3) add a definition for regional research and information plan. Adds regional and national projects as elements of the national sea grant college program. Removes a reference to the sea grant review panel from provisions relating to the administration of the program. Refers to regional or national strategic investments being developed with the approval of sea grant colleges and the sea grant institutes . Revises the program director's duties. Requires that sea grants or contracts be responsive to the needs or problems of the nation, as well as to individual states and regions. Limits the special grant and graduate fellowship amounts that may be provided to 5 of the amount appropriated for the National Sea Grant College Program. Requires that sea grant colleges provide extension services. Exempts marine policy fellowships from federal cost sharing requirements. Redesignates the sea grant review panel as the National Sea Grant Advisory Board and modifies it's duties and powers and various administrative matters. Authorizes appropriations to carry out the Act. Allows any appropriated amounts exceeding the amounts appropriated for FY2003 to be distributed to certain regional or national strategic investments. Repeals a National Sea Grant College Program Act Amendments of 2002 provision requiring an annual report to the House Committee on Resources and Science and the Senate Committee on Commerce, Science, and Transportation on coordination of oceans and coastal research activities of the National Oceanic and Atmospheric Administration (NOAA), including the Coastal Ocean Program and the National Sea Grant College Program, and the National Science Foundation.","title":"A bill to reauthorize and amend the National Sea Grant College Program Act, and for other purposes.","text_len":13465,"sum_len":2009} {"bill_id":"107_hr3244","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spirit of America Commemorative Coin \nAct of 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) On September 11, 2001, the United States suffered the \n worst act of terrorism in its history.\n (2) The more than 6,000 people who lost their lives as a \n result of the terrorist attacks that occurred in New York City, \n at the Pentagon, and in Pennsylvania on September 11, 2001, \n will not be forgotten.\n (3) Hundreds of emergency personnel responded heroically to \n the crisis and lost their lives as a result.\n (4) People from everywhere in the United States responded \n to the crisis with an outpouring of support for the victims of \n the terrorist attacks and their families.\n (5) The civilized world stands with strength and fortitude \n in opposition to the cowardly terrorist attacks against the \n United States that occurred on September 11, 2001.\n (6) It is essential to remember not only the tragedy of the \n attacks, but also the strength and resolve demonstrated by the \n people of the United States in the aftermath of the attacks.\n (7) The minting of coins in commemoration of the Spirit of \n America will pay tribute to the countless heroes who risked \n their lives during the terrorist attacks and in their aftermath \n so that others may live and to a united people whose belief in \n freedom, justice, and democracy has never swayed.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--In commemoration of the Spirit of America, the \nSecretary of the Treasury (hereafter in this Act referred to as the \n``Secretary'') shall mint and issue the following coins:\n (1) $50 gold coins.--Such number of 50 dollar coins as the \n Secretary determines under subsection (b), which shall--\n (A) weigh 1 ounce;\n (B) have a diameter of 1.287 inches; and\n (C) contain 91.67 percent gold and 8.33 percent \n alloy.\n (2) $1 silver coins.--Such number of 1 dollar coins as the \n Secretary determines appropriate to meet demand, which shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (3) Half dollar clad coins.--Such number of half dollar \n coins as the Secretary determines appropriate to meet demand, \n which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half dollar \n coins contained in section 5112(b) of title 31, United \n States Code.\n (b) Number of Gold Coins.--The Secretary, in consultation with the \nAttorney General of the United States and the Governors of New York, \nPennsylvania, and Virginia shall determine the number of innocent \nindividuals confirmed or presumed to have been killed as a result of \nthe terrorist attacks against the United States that occurred on \nSeptember 11, 2001, and shall identify such individuals. The Secretary, \nunder subsection (a)(1), shall mint and issue a number of 50 dollar \ncoins equal to the number of such individuals.\n (c) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (d) Numismatic Items.--For purposes of section 5136 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n (e) Sources of Bullion.--For the purpose of minting coins under \nthis Act, the Secretary may only use metals that are from natural \ndeposits in the United States or any territory or possession of the \nUnited States.\n (f) Special Treatment Under Exigent Circumstances.--\n (1) Findings.--The Congress finds as follows:\n (A) The limitations contained in paragraphs (1) and \n (2)(A) of section 5112(m) of title 31, United States \n Code, and section 5134(f)(1)(B) of such title have well \n served, and continue to serve, their purpose of \n bringing greater stability to the markets for \n commemorative coins, maximizing demand and \n participation in such programs, and ensuring that such \n programs have a broad base of private support and are \n not used as the primary means of fundraising by \n organizations that are the recipients of surcharges.\n (B) The shocking circumstances of September 11, \n 2001, the broad base of public interest in showing the \n Spirit of America and participating in the raising of \n funds for the victims of the crimes committed on that \n date, and the importance of implementing this coin \n program as quickly as possible, notwithstanding the \n fact that 2 commemorative coin programs are already in \n effect for 2001 and 2002, justify exempting the coins \n produced under this Act from such limitations.\n (2) Exemption.--Paragraphs (1) and (2) of section 5112(m) \n of title 31, United States Code, and section 5134(f)(1)(B) of \n such title shall not apply to coins authorized under this Act.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) In General.--The design of the coins minted under this Act \nshall be emblematic of the tragic events that occurred at the Pentagon, \nin New York City, and in Pennsylvania, on September 11, 2001.\n (b) Designation and Inscriptions.--On each coin minted under this \nAct there shall be--\n (1) a designation of the value of the coin;\n (2) an inscription of the date ``September 11, 2001'' (and \n such coin shall bear no other date); and\n (3) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (c) Obverse of Coin.--The obverse of each coin minted under this \nAct shall bear the likeness of--\n (1) the Pentagon; and\n (2) the flag of the United States.\n (d) Reverse of Coin.--The reverse of each coin minted under this \nAct shall bear the likeness of the World Trade Center in New York City.\n (e) Selection.--The design for the coins minted under this Act \nshall be selected by the Secretary after consultation with the \nCommission of Fine Arts.\n\nSEC. 5. STRIKING AND ISSUANCE OF COINS.\n\n (a) Quality of Coins.--\n (1) In general.--Except as provided under paragraph (2), \n coins minted under this Act shall be issued in uncirculated \n quality.\n (2) Gold coins.--50 dollar coins minted under section \n 3(a)(1) shall be issued only in proof quality.\n (b) Mint Facility.--\n (1) In general.--Except as provided under paragraph (2), \n only 1 facility of the United States Mint may be used to strike \n any particular quality of the coins minted under this Act.\n (2) Clad coins.--Any number of facilities of the United \n States Mint may be used to strike the half dollar coins minted \n under section 3(a)(3).\n (c) Period for Issuance.--The Secretary--\n (1) shall commence issuing coins minted under this Act as \n soon as possible after the date of the enactment of this Act; \n and\n (2) shall not issue any coins after the end of the 1-year \n period beginning on the date such coins are first issued.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under paragraphs (2) and (3) of \nsection 3(a) shall be sold by the Secretary at a price equal to the sum \nof--\n (1) the face value of the coins;\n (2) the surcharges required by section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under paragraphs (2) and (3) of section 3(a) at a reasonable \ndiscount.\n (c) Prepaid Orders.--The Secretary shall accept prepaid orders \nreceived before the issuance of the coins minted under paragraphs (2) \nand (3) of section 3(a). The sale prices with respect to such prepaid \norders shall be at a reasonable discount.\n (d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary may \nissue a 50 dollar coin minted under section 3(a)(1) free of charge to \nthe next of kin of each individual identified under section 3(b). The \nSecretary may not sell any 50 dollar coin minted under section 3(a)(1) \nand may not issue any such coin except as provided in the preceding \nsentence.\n\nSEC. 7. SURCHARGES ON SALE OF COINS.\n\n (a) Assessment.--Any sale by the Secretary of a coin minted under \nthis Act shall include a surcharge of an amount determined by the \nSecretary to be sufficient to cover the cost of the gold coins minted \nunder section 3(a)(1) (including labor, materials, dies, use of \nmachinery, overhead expenses, and shipping), which charge may not be \nless than--\n (1) $10 per coin for the 1 dollar coin; and\n (2) $5 per coin for the half dollar coin.\n (b) Distribution of Excess Proceeds.--To the extent provided in \nadvance in appropriation Acts, any proceeds from the surcharges \nreceived by the Secretary from the sale of coins issued under this Act \nin excess of the cost of producing all coins issued under this Act \nshall be paid promptly by the Secretary to the Office for Victims of \nCrime, in the Department of Justice, for the purpose of providing \nassistance to individuals who were injured, and to the families of \nindividuals who were killed or injured, in the terrorist attacks \nagainst the United States on September 11, 2001.\n\nSEC. 8. VICTIMS OF SEPTEMBER 11TH FUND.\n\n (a) Establishment.--There is hereby established on the books of the \nTreasury a fund to be known as the ``Victims of September 11th Fund'' \n(hereinafter in this section referred to as the ``Fund''), to be \nadministered by the Attorney General, acting through the Director of \nthe Office for Victims of Crime.\n (b) Amounts.--The Fund shall consist of the amounts transferred to \nthe Office for Victims of Crime pursuant to section 7(b).\n (c) Use.--Subject to subsection (d), amounts in the Fund shall be \nused to provide assistance to individuals who were injured, and to the \nfamilies of individuals who were killed or injured, in the terrorist \nattacks against the United States on September 11, 2001.\n (d) Administrative Costs.--No cost incurred in providing assistance \nunder subsection (c), or in administering the Fund, shall be paid from \nthe Fund or set off against or otherwise deducted from any assistance \nto any individual.\n (e) Investment.--Amounts in the Fund shall be invested in \naccordance with section 9702 of title 31, United States Code, and any \ninterest on, and proceeds from, any such investment shall be credited \nto and become a part of the Fund.\n (f) Coordination With September 11th Victim Compensation Fund of \n2001.--No assistance provided under subsection (c), including \nassistance in the form of cash, shall be considered collateral source \ncompensation for purposes of title IV of the Air Transportation Safety \nand System Stabilization Act (Public Law 107-42).\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the Attorney General such sums as may be necessary to \ncarry out this section.","summary":"Spirit of America Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue $50 gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. Establishes the Victims of September 11th Fund which shall consist of amounts from surcharges received from the sale of such coins transferred to the Office for Victims of Crime for individuals who were injured, and to the families of individuals who were killed or injured, in the terrorist attacks against the United States on September 11, 2001.","title":"To require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America and to establish the Victims of September 11th Fund.","text_len":11929,"sum_len":648} {"bill_id":"113_hr3182","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe and Secure Border \nInfrastructure Act''.\n\nSEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS.\n\n The Secretary of Transportation, in consultation with the Secretary \nof Homeland Security and the governors of the border States, shall \nestablish a grant program, which shall be administered by the Secretary \nof Transportation and the Administrator of General Services, to \nconstruct transportation and supporting infrastructure improvements at \nexisting and new international border crossings to facilitate the safe, \nsecure, and efficient cross-border movement of motor vehicles, non-\nmotor vehicles, cargo, and individuals, including pedestrians.\n\nSEC. 3. ELIGIBILITY.\n\n The projects eligible to receive a grant under this Act shall \ninclude--\n (1) highway or bridge projects eligible under title 23, \n United States Code;\n (2) public transportation projects eligible under chapter \n 53 of title 49, United States Code;\n (3) demonstration and pilot projects related to innovative \n cross border systems management; and\n (4) passenger and freight rail transportation projects.\n\nSEC. 4. APPLICATIONS.\n\n To be eligible to receive a grant under this Act, a State or \nmetropolitan planning organization located in a border region shall \nsubmit to the Secretary of Transportation an application that \ndemonstrates--\n (1) an established master plan for border infrastructure \n investments that demonstrates awareness of the relevant border \n stakeholder interests at the Federal, State, and regional \n level;\n (2) that receipt of the grant applied for under this Act \n would complete an overall financing package;\n (3) the ability to provide a non-Federal match of 50 \n percent of the total cost of the project;\n (4) the satisfaction of all Federal and State environmental \n requirements prior to the submission of the application for the \n grant; and\n (5) a plan to obligate any funds received under this Act by \n the end of the fiscal year following the year in which those \n funds are awarded.\n\nSEC. 5. PRIMARY SELECTION CRITERIA.\n\n In awarding a grant under this Act, the Secretary of \nTransportation, in consultation with the Administrator of General \nServices, shall give priority to projects that accomplish one or more \nof the following objectives:\n (1) Improve the safety and security at facilities in the \n United States, including ports of entry.\n (2) Facilitate safe, secure, and legal trade crossings of \n motor vehicles, non-motor vehicles, cargo, and individuals, \n including pedestrians, to alleviate border congestion and \n reduce the economic effect of border wait times and delays.\n (3) Implement innovative technologies that enhance safety, \n security, or efficiency at the border.\n (4) Coordinate a system of projects that improve security \n and systems efficiencies at ports of entry.\n (5) Facilitate economic development strategies with respect \n to safety and security.\n (6) Implement congestion relief and air quality management \n strategies to improve the environment.\n\nSEC. 6. APPORTIONMENT OF FUNDS.\n\n Of the amounts appropriated to carry out this Act, the Secretary of \nTransportation, in consultation with the Administrator of General \nServices, shall apportion such amounts as follows:\n (1) 20 percent in the ratio that----\n (A) the total number of incoming commercial trucks \n that pass through land border ports of entry within the \n boundaries of an eligible State; bears to\n (B) the total number of incoming commercial trucks \n that pass through land border ports of entry within the \n boundaries of all eligible border States.\n (2) 30 percent in the ratio that--\n (A) the total number of incoming personal motor \n vehicles and incoming buses that pass through land \n border ports of entry within the boundaries of an \n eligible State; bears to\n (B) the total number of incoming personal motor \n vehicles and incoming buses that pass through land \n border ports of entry within the boundaries of all \n eligible border States.\n (3) 25 percent in the ratio that--\n (A) the total weight of incoming cargo by \n commercial trucks that pass through land border ports \n of entry within the boundaries of an eligible State; \n bears to\n (B) the total weight of incoming cargo by \n commercial trucks that pass through land border ports \n of entry within the boundaries of all eligible border \n States.\n (4) 25 percent of the ratio that--\n (A) the total number of land border ports of entry \n within the boundaries of an eligible State; bears to\n (B) the total number of land border ports of entry \n within the boundaries of all eligible border States.\n\nSEC. 7. DEFINITIONS.\n\n In this Act--\n (1) the term ``border region'' means any portion of a \n border State within 10 miles of an international land border \n with Canada or Mexico;\n (2) the term ``border State'' means any State that has an \n international land border with Canada or Mexico;\n (3) the term ``commercial truck'' means a commercial \n vehicle as defined in section 31301(4) (other than subparagraph \n (B)) of title 49, United States Code;\n (4) the term ``motor vehicle'' has the meaning such term \n has under Section 154(a)(2) of title 23, United States Code; \n and\n (5) the term ``State'' has the meaning such term has in \n section 101(a)(25) of title 23.","summary":"Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at US facilities, including ports of entry. (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) implement innovative technologies that enhance safety, security, or efficiency at the border. (4) coordinate projects that improve security and systems efficiencies at ports of entry. (5) facilitate economic development strategies with respect to safety and security. And (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.","title":"Safe and Secure Border Infrastructure Act","text_len":6222,"sum_len":1478} {"bill_id":"109_hr1076","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Detention of Enemy Combatants Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The al Qaeda terrorist organization and its leaders \n have committed unlawful attacks against the United States, \n including the August 7, 1998, bombings of the United States \n Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the \n October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the \n September 11, 2001, attacks on the United States.\n (2) The al Qaeda terrorist organization and its leaders \n have threatened renewed attacks on the United States and have \n threatened the use of weapons of mass destruction.\n (3) The United Nations Security Council, in Resolutions \n 1368 and 1373, declared in September 2001 that the September 11 \n attacks against the United States constitute a threat to \n international peace and security.\n (4) The United States is justified in exercising its right \n of self-defense pursuant to international law and the United \n Nations Charter.\n (5) Congress authorized the President on September 18, \n 2001, to use all necessary and appropriate force against those \n nations, organizations, or persons that he determines to have \n planned, authorized, committed, or aided the September 11 \n terrorist attacks or harbored such organizations or persons, in \n order to prevent any future acts of international terrorism \n against the United States, within the meaning of section 5(b) \n of the War Powers Resolution.\n (6) The United States and its allies are engaged in armed \n conflict with al Qaeda.\n (7) Al Qaeda and its terrorist allies have a presence in \n more than 60 nations around the world, including the United \n States. United States citizens and residents have been detained \n as enemy combatants in the struggle against al Qaeda.\n (8) The term ``enemy combatant'' has historically referred \n to all of the citizens of a state with which the Nation is at \n war, and who are members of the armed force of that enemy \n state. Enemy combatants in the present conflict, however, come \n from many nations, wear no uniforms, and use unconventional \n weapons. Enemy combatants in the war on terrorism are not \n defined by simple, readily apparent criteria, such as \n citizenship or military uniform. And the power to name a \n citizen as an ``enemy combatant'' is therefore extraordinarily \n broad.\n (9) There is precedent for detaining American citizens as \n enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of \n the 8 German soldiers who planned acts of sabotage within the \n United States claimed American citizenship. Detention of enemy \n combatants who are United States citizens is appropriate to \n protect the safety of the public and those involved in the \n investigation and prosecution of terrorism, to facilitate the \n use of classified information as evidence without compromising \n intelligence or military efforts, to gather unimpeded vital \n information from the detainee, and otherwise to protect \n national security interests.\n (10) The Executive must be allowed broad latitude to \n establish by regulation and Executive order the process, \n standards, and conditions in which a United States citizen or \n lawful resident may be detained as an enemy combatant. Courts \n must give broad deference to military judgment concerning the \n determination of enemy combatant status, POW status, and \n related questions.\n (11) Section 4001(a) of title 18, United States Code, \n provides that ``no citizen shall be imprisoned or otherwise \n detained by the United States except pursuant to an Act of \n Congress''. Section 4001 was designed to repeal the Emergency \n Detention Act of 1950, and ensure that there was a statutory \n basis for any detention. As Chief Justice Burger wrote in Howe \n v. Smith, 452 U.S. 473 (1981), ``the plain language of section \n 4001(a) proscribes detention of any kind by the United States, \n absent a congressional grant of authority to detain''.\n (12) By this Act, the Congress authorizes the President to \n detain enemy combatants who are United States persons or \n residents who are members of al Qaeda, or knowingly cooperated \n with members of al Qaeda in the planning, authorizing, \n committing, aiding, or abetting of one or more terrorist acts \n against the United States.\n (13) During wartime, a nation must take extraordinary steps \n to protect itself, including measures that would never be \n acceptable during peacetime. Nonetheless, ``the Constitution of \n the United States is a law for rulers and people, equally in \n war and in peace, and covers with the shield of its protection \n all classes of men, at all times, and under all \n circumstances.'' Ex Parte Milligan.\n (14) Nothing in this Act permits the Government, even in \n wartime, to detain American citizens or other persons lawfully \n in the United States as enemy combatants indefinitely without \n charges and hold them incommunicado without a hearing and \n without access to counsel on the basis of a unilateral \n determination that the person may be connected with an \n organization that intends harm to the United States. The \n Supreme Court has held that a citizen held in the United States \n as an enemy combatant must be given a meaningful opportunity to \n challenge the factual basis for that detention before a neutral \n decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The \n Supreme Court has held that even enemy aliens within the United \n States are entitled to habeas review of their conviction. Ex \n Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 \n U.S. 763 (1950).\n (15) The validity of the detention of citizens as enemy \n combatants may be challenged by a writ of habeas corpus. As the \n right of habeas corpus may be effectively nullified by denial \n of the assistance of counsel, a citizen detained as an enemy \n combatant may not be indefinitely denied access to counsel.\n (16) The Congress has a responsibility for maintaining \n vigorous oversight of detention of United States citizens and \n lawful residents to assure that such detentions are consistent \n with due process.\n\nSEC. 3. DETENTION OF ENEMY COMBATANTS.\n\n (a) Authority.--A United States person or resident may be detained \nas an enemy combatant in accordance with this Act if the United States \nperson or resident is a member of al Qaeda, or knowingly cooperated \nwith a member of al Qaeda in the planning, authorizing, committing, \naiding, or abetting of one or more terrorist acts against the United \nStates. Nothing in this Act shall apply to a United States person or \nresident who is a prisoner of war within the meaning of the Geneva \nConvention Relative to the Treatment of Prisoners of War, signed at \nGeneva on August 12, 1949 (6 UST 3316).\n (b) Authority to Establish Procedural Rules.--The Secretary of \nDefense, in consultation with the Secretary of State and the Attorney \nGeneral, shall prescribe and publish in the Federal Register, and \nreport to the Committees on the Judiciary of the Senate and the House \nof Representatives, the standards, process, and criteria to be used for \nthe determination that an American citizen or lawful resident is an \nenemy combatant under subsection (a) and for the detention of such an \nenemy combatant.\n\nSEC. 4. PROCEDURAL REQUIREMENTS.\n\n The rules prescribed for the detention of enemy combatants shall \nestablish clear standards and procedures governing detention of a \nUnited States person or resident that preserve the Government's ability \nto detain those who may threaten the United States, assist in the \ngathering of vital intelligence, and protect the confidentiality of \nthat information or any other information which, if released, could \nimpede the Government's investigation of terrorism. Such rules shall \nalso guarantee timely access to judicial review to challenge the basis \nfor a detention, and permit the detainee access to counsel.\n\nSEC. 5. DETENTION.\n\n (a) Duration of Detention.--\n (1) Limitation.--A United States person or resident may be \n detained under subsection (a) of section 3 only while there is \n in effect for the purposes of this section a certification by \n the President that--\n (A) the United States Armed Forces are engaged in a \n state of armed conflict with al Qaeda and an \n investigation with a view toward prosecution, a \n prosecution, or a post-trial proceeding in the case of \n such person or resident is ongoing; or\n (B) detention is warranted in order to prevent such \n person or resident from aiding persons attempting to \n commit terrorist acts against the United States.\n (2) Certification and recertification.--A certification \n referred to in paragraph (1) shall be effective for 180 days. \n The President may make successive certifications under that \n paragraph.\n (b) Detention Review.--The United States District Court for the \nDistrict of Columbia shall have exclusive jurisdiction to review any \ndetention under this Act to ensure that the requirements of this Act \nfor detaining an accused are satisfied.\n (c) Conditions of Detention.--A person detained under this Act \nshall be--\n (1) detained at an appropriate location designated by the \n Secretary of Defense;\n (2) treated humanely, without any adverse distinction based \n on race, color, religion, gender, birth, wealth, or any similar \n criteria;\n (3) afforded adequate food, drinking water, shelter, \n clothing, and medical treatment;\n (4) sheltered under hygienic conditions and provided \n necessary means of personal hygiene; and\n (5) allowed the free exercise of religion consistent with \n the requirements of such detention.\n\nSEC. 6. REPORTS TO CONGRESS.\n\n Not less often than once every 12 months, the President shall \nsubmit to the Congress a report on the use of the authority provided by \nthis Act. Each such report shall specify each individual subject to, or \ndetained pursuant to, the authority provided by this Act.\n\nSEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED.\n\n In this Act, the term ``United States person or resident'' means--\n (1) a United States person, as such term is defined in \n section 101(i) of the Foreign Intelligence Surveillance Act of \n 1978 (50 U.S.C. 1801(i)); or\n (2) an alien lawfully admitted to the United States for \n permanent residence.\n\nSEC. 8. TERMINATION OF AUTHORITY.\n\n The authority under this Act may not be exercised after December \n31, 2007.","summary":"Detention of Enemy Combatants Act - Authorizes the detention of a US person or resident as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant. And (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States. And (2) guarantee timely access to judicial review and permit the detainee access to counsel. Authorizes a US person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the US armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing. Or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States. Grants the US District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act. Requires that detainees be: (1) detained at an appropriate location, (2) treated humanely, (3) afforded adequate food, water, shelter, clothing, and medical treatment, (4) sheltered under hygienic conditions. And (5) allowed the free exercise of religion consistent with specified requirements.","title":"To authorize the President to detain an enemy combatant who is a United States person or resident who is a member of al Qaeda or knowingly cooperated with members of al Qaeda, to guarantee timely access to judicial review to challenge the basis for a detention, to permit the detainee access to counsel, and for other purposes.","text_len":11550,"sum_len":1716} {"bill_id":"107_hr5722","text":"TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS\n\nSEC. 101. PTARMIGAN PEAK WILDERNESS.\n\n Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law \n103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January, \n1993'' the following: ``; the approximately 2,000 acres of land known \nas Ute Pass and the approximately 900 acres of land known as Acorn \nCreek, both located in Summit County, Colorado, and generally depicted \non the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''.\n\nSEC. 102. RAGGEDS WILDERNESS.\n\n Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94 \nStat. 3267) is amended by inserting after ``November 1980'' the \nfollowing: ``; and the approximately 1,500 acres of land located in \nGunnison County, Colorado, and generally depicted on the map entitled \n`Raggeds', numbered ____, and dated ____''.\n\nSEC. 103. HUNTER-FRYINGPAN WILDERNESS.\n\n Section 2(e) of the Endangered American Wilderness Act of 1978 (16 \nU.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area--\nProposed'' the following: ``; the approximately 3,000 acres of land \nknown as North Independence A and the approximately 1,100 acres of land \nknown as Hunter both located in Pitkin County, Colorado, and generally \ndepicted on the map entitled `Hunter-Fryingpan', numbered ____, and \ndated ____''.\n\n TITLE II--RED TABLE MOUNTAIN WILDERNESS\n\nSEC. 201. RED TABLE MOUNTAIN WILDERNESS.\n\n (a) Red Table Mountain Wilderness.--In furtherance of the purposes \nof the Wilderness Act, the approximately 50,000 acres of land located \nin Eagle County, Colorado, and generally depicted on the map entitled \n``Red Table'', numbered ____, and dated ____'' are hereby designated as \nwilderness and therefore as a component of the National Wilderness \nPreservation System. Such component shall be known as ``Red Table \nMountain Wilderness''.\n (b) Management.--Subject to valid existing rights, land designated \nas wilderness by this title shall be managed by the Secretary, as \nappropriate, in accordance with this title and--\n (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except \n that, with respect to any wilderness areas designated by this \n title, any reference in the Wilderness Act to the effective \n date of the Wilderness Act shall be deemed to be a reference to \n the date of the enactment of this title;\n (2) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (3) other applicable law.\n (c) Water Infrastructure.--Nothing in this title (including the \nprovisions related to establishment or management of the Red Table \nMountain Wilderness Area) shall affect, impede, interfere with, or \ndiminish the operation, existence, access, maintenance, improvement, or \nconstruction of water facilities and infrastructure, rights-of-way, or \nother water-related property, interests, and uses, (including the use \nof motorized vehicles and equipment existing or located on lands within \nthe Red Table Mountain Wilderness Area).\n (d) High Voltage Transmission Electricity Lines or Electrical Power \nLines.--The Secretary shall allow for maintenance of rights-of-ways and \naccess roads located within the Red Table Mountain Wilderness Area to \nthe extent necessary to operate a transmission line or electrical power \nline in a manner that avoids negative impacts on public safety and \nallows for compliance with State and\/or Federal safety requirements. \nSuch maintenance may include vegetation management, road maintenance, \nground stabilization, and motorized vehicle access.\n (e) Withdrawals.--Subject to valid existing rights, all Federal \nlands within the Red Table Mountain Wilderness Area are withdrawn \nfrom--\n (1) all forms of entry, appropriation, or disposal under \n the public land laws;\n (2) location, entry, and patent under the mining laws; and\n (3) the operation of the mineral leasing, mineral \n materials, and geothermal leasing laws, and all amendments \n thereto.\n (f) Aerial Navigation Training Exercises.--\n (1) In general.--The Colorado Army National Guard, through \n the High Altitude ARNG Aviation Training Site, shall continue \n to be allowed to conduct aerial navigation training maneuver \n exercises over and upon the lands within the Red Table Mountain \n Wilderness Area in a manner consistent with the memorandum of \n understanding dated August 4, 1987, (or a subsequent memorandum \n of understanding entered into by all of the same parties), \n among the Colorado Army National Guard, the Bureau of Land \n Management, and the United States Forest Service as interpreted \n and implemented prior to the date of the enactment of this \n title.\n (2) Review and modification of memorandum of \n understanding.--The memorandum of understanding referred to in \n paragraph (1) may be modified subject to the agreement of all \n parties thereto. The parties to the memorandum of understanding \n shall review the memorandum and associated annual operating \n plan not later than 180 days after the date of the enactment of \n this title, and annually thereafter while the memorandum of \n understanding is in effect. The review shall include \n consideration of alternative locations over National Forest \n System lands and lands administered by the Bureau of Land \n Management outside of the Red Table Mountain Wilderness Area \n for the conduct of activities identified in the memorandum. If \n the Colorado Army National Guard identifies such an alternate \n location outside of the Red Table Mountain Wilderness Area that \n meets its aerial training needs, the memorandum of \n understanding shall be modified accordingly, subject to the \n agreement of all parties thereto.\n (g) Hunting and Fishing.--Nothing in this title shall affect the \nauthority of the Colorado Division of Wildlife to regulate hunting or \nfishing in the Red Table Mountain Wilderness Area.\n (h) Grazing.--\n (1) In general.--Except as provided by paragraph (2), the \n Secretary shall issue and administer any grazing leases or \n permits in the Red Table Mountain Wilderness Area in accordance \n with the same laws (including regulations) and Executive orders \n followed by the Secretary in issuing and administering grazing \n leases and permits on other land under the jurisdiction of the \n Forest Service.\n (2) Grazing in wilderness area.--Grazing of livestock in \n the Red Table Mountain Wilderness Area on lands that are under \n the jurisdiction of the Forest Service shall be administered in \n accordance with the provisions of section 4(d)(4) of the \n Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the \n guidelines set forth under the heading ``Grazing in National \n Forest Wilderness'' in House Report 96-617 of the 96th \n Congress.\n (i) No Buffer Zones.--Congress does not intend for the \nestablishment of the Red Table Mountain Wilderness Area to lead to the \ncreation of protective perimeters or buffer zones around the Red Table \nMountain Wilderness Area. The fact that there may be activities or uses \non lands outside the Red Table Mountain Wilderness Area that would not \nbe allowed in the Red Table Mountain Wilderness Area shall not preclude \nsuch activities or uses on such lands up to the boundary of the Red \nTable Mountain Wilderness Area consistent with other applicable laws.\n\nSEC. 202. WATER RIGHTS.\n\n (a) Findings.--Congress finds as follows:\n (1) The lands designated as wilderness by this title are \n located at the headwaters of the streams and rivers on those \n lands, with few, if any, actual or proposed water resource \n facilities located upstream from such lands and few, if any, \n opportunities for diversion, storage, or other uses of water \n occurring outside such lands that would adversely affect the \n wilderness or other values of such lands.\n (2) The lands designated as wilderness by this title \n includes several water resource facilities which provide for \n important water storage and transmission of water for the \n benefit of private owners of decreed water rights and the Town \n of Gypsum.\n (3) It is possible to provide for proper management and \n protection of the wilderness and other values of such lands in \n ways different from those used in other legislation designating \n as wilderness lands not sharing the attributes of the lands \n designated as wilderness by this title.\n (b) Statutory Construction.--\n (1) Nothing in this title shall constitute or be construed \n to constitute either an express or implied reservation of any \n water or water rights with respect to the land designated as \n wilderness by this title.\n (2) Nothing in this title shall affect any conditional or \n absolute water rights in the State of Colorado existing on the \n date of the enactment of this title.\n (3) Nothing in this subsection shall be construed as \n establishing a precedent with regard to any future wilderness \n designations.\n (4) Nothing in this title shall be construed as limiting, \n altering, modifying, or amending any of the interstate compacts \n or equitable apportionment decrees that apportion water among \n and between the State of Colorado and other States.\n (c) Prohibition Against Instream Flow Permit Conditions.--The \nSecretary shall not, as a condition of permit renewal for existing \nfacilities on National Forest System lands, impose bypass or other \nminimum instream flow requirements within or upstream of the Red Table \nMountain Wilderness Area.\n\nSEC. 203. MAPS AND LEGAL DESCRIPTIONS.\n\n (a) In General.--As soon as practicable after the date of the \nenactment of this title, the Secretary shall submit to Congress a copy \nof the maps referred to in section 201 and legal descriptions of the \nland designated as wilderness by this title. The Secretary shall \nreflect, as necessary, the boundaries referred to in subsection (e) on \nthe maps and legal descriptions submitted under this subsection.\n (b) Force and Effect.--The maps and legal descriptions shall have \nthe same force and effect as if included in this title, except that the \nSecretary may correct clerical and typographical errors in the Map and \nthe legal descriptions.\n (c) Public Availability.--Copies of the maps and the legal \ndescriptions shall be on file and available for public inspection in--\n (1) the office of the Chief of the Forest Service; and\n (2) the office of the White River National Forest in \n Glenwood Springs, Colorado.\n (d) Map Controlling.--In the case of a discrepancy between the maps \nand the legal descriptions, the maps shall control.\n (e) Areas Not Included in Red Table Mountain Wilderness.--\nNotwithstanding the Map, or any other provision of this title, the \nfollowing areas shall not be included in the Red Table Mountain \nWilderness Area:\n (1) Any FAA site, parking area, or appurtenant access \n roads, power lines, facility or equipment, including an area 25 \n yards surrounding any such site, facility, area, or equipment.\n (2) The Town of Gypsum's Mosher intake facility, and any \n pipes or related facilities, including an area at least 200 \n linear feet upstream of the present facilities and 25 yards \n surrounding the facility and any related pipes or facilities.\n (3) The LEDE Ditch and Pipeline, and an access road for the \n LEDE Reservoir, including an area 25 yards surrounding any such \n ditch, pipeline or road.\n (4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any \n related facilities in existence now or developed in the future \n designed to develop decreed water rights, including an area 25 \n yards surrounding any such reservoir, ditch or facilities, \n unless the White River National Forest and the Town of Gypsum \n certify to the Chairman and Ranking Member of the House \n Resources Committee and the Senate Energy and Natural Resources \n Committee that the decreed diversion points for the above \n decreed water rights have been moved to the LEDE Reservoir, and \n any necessary permits or actions have been taken, thereby \n removing the need to utilize the Eye Lake Reservoir and Eye \n Lake Ditch.\n (5) Red Creek Road (FDR 425), Red Table Road (FDR 514), \n Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR \n 457), including an area 10 yards to either side of the roads.\n (6) FDR 464, FDR 433, and FDR 431, including an area 10 \n yards to either side of the roads.\n (7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863), \n Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT \n 1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT \n 1871), and Antones Lakes Trail (FDT 1871.1C), including an area \n 10 yards to either side of the trails.","summary":"Amends the Colorado Wilderness Act of 1993, Public Law 96-560 , and the American Wilderness Act of 1978 to designate specified lands in Acorn Creek, Gunnison, and Pitkin Counties, Colorado, as wilderness areas. Designates certain land in Eagle County, Colorado, as wilderness, the Red Table Mountain Wilderness Area . Directs the Secretary of Agriculture to allow for the maintenance of rights-of-way and access roads located within the Area in order to operate a transmission line or electrical power line. Withdraws all Federal lands within the Area from: (1) entry, appropriation, or disposal under the public land laws, (2) location, entry, and patent under the mining laws. And (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws. Permits continued aerial navigation training exercises by the Colorado Army National Guard in the Area. Declares that Congress does not intend for the establishment of protective perimeters or buffer zones around the Area. States that nothing in this Act shall be construed to: (1) constitute a reservation of any water or water rights in lands designated as wilderness, (2) affect any conditional or absolute water rights in Colorado, (3) establish a precedent with regard to future wilderness designations. Or (4) affect compacts and decrees apportioning water among and between Colorado and other States. Prohibits the Secretary from making instream flow permit conditions within or upstream of the Area on existing facilities on National Forest System lands.","title":"To designate certain lands in Colorado as wilderness.","text_len":13547,"sum_len":1535} {"bill_id":"104_s1573","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayers' Cancer Research Funding \nAct of 1996''.\n\nSEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE \n CANCER RESEARCH FUND.\n\n (a) In General.--Subchapter A of chapter 61 of the Internal Revenue \nCode of 1986 (relating to information and returns) is amended by adding \nat the end the following new part:\n\n ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE \n CANCER RESEARCH FUND\n\n ``Sec. 6098. Designation to Breast and \n Prostate Cancer Research Fund.\n\n``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.\n\n ``(a) In General.--Every individual (other than a nonresident \nalien) whose adjusted income tax liability for the taxable year is $5 \nor more may designate that $5 shall be paid over to the Breast and \nProstate Cancer Research Fund in accordance with the provisions of \nsection 9512. In the case of a joint return of husband and wife having \nan adjusted income tax liability of $10 or more, each spouse may \ndesignate that $5 shall be paid to the fund.\n ``(b) Adjusted Income Tax Liability.--For purposes of subsection \n(a), the term `adjusted income tax liability' means, for any individual \nfor any taxable year, the excess (if any) of--\n ``(1) the income tax liability (as defined in section \n 6096(b)) of the individual for the taxable year, over\n ``(2) any amount designated by the individual (and, in the \n case of a joint return, any amount designated by the \n individual's spouse) under section 6096(a) for such taxable \n year.\n ``(c) Manner and Time of Designation.--A designation under \nsubsection (a) may be made with respect to any taxable year--\n ``(1) at the time of filing the return of the tax imposed \n by chapter 1 for such taxable year, or\n ``(2) at any other time (after the time of filing the \n return of the tax imposed by chapter 1 for such taxable year) \n specified in regulations prescribed by the Secretary.\nSuch designation shall be made in such manner as the Secretary \nprescribes by regulations except that, if such designation is made at \nthe time of filing the return of the tax imposed by chapter 1 for such \ntaxable year, such designation shall be made either on the first page \nof the return or on the page bearing the taxpayer's signature.''\n (b) Breast and Prostate Cancer Research Fund.--Subchapter A of \nchapter 98 of the Internal Revenue Code of 1986 (relating to \nestablishment of trust funds) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Breast and \nProstate Cancer Research Fund', consisting of such amounts as may be \nappropriated or credited to such fund as provided in this section or \nsection 9602(b).\n ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Breast and Prostate Cancer Research Fund amounts equivalent to the \namounts designated under section 6098.\n ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer \nResearch Fund shall be available, as provided in appropriation Acts, \nfor purposes of making qualified research grants, to the extent that \nsuch amounts exceed the aggregate of all Federal administrative costs \nattributable to the implementation of section 6098, subsections (a) and \n(b) of this section, and (with respect to such fund) section 9602. Such \namounts shall be used to supplement, not supplant, existing funding for \nresearch with respect to breast and prostate cancer.\n ``(d) Qualified Research Grants.--\n ``(1) In general.--For purposes of subsection (c), the term \n `qualified research grant' means a grant, to a qualified person \n selected by the National Cancer Institute of the National \n Institutes of Health by qualified peer review, for the purpose \n of conducting research with respect to breast or prostate \n cancer. Such a grant shall be administered by such National \n Cancer Institute and the amount of such grant shall be \n determined by such Institute.\n ``(2) Qualified peer review.--For purposes of paragraph \n (1), the term `qualified peer review' means peer review \n described in sections 492 and 492A of the Public Health Service \n Act.''\n (c) Clerical Amendments.--\n (1) The table of parts for subchapter A of chapter 61 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new item:\n\n ``Part IX. Designation of income tax \n payments to Breast and Prostate \n Cancer Research Fund.''\n (2) The table of sections for subchapter A of chapter 98 of \n such Code is amended by adding at the end the following new \n item:\n\n ``Sec. 9512. Breast and Prostate Cancer \n Research Fund.''\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.","summary":"Taxpayers' Cancer Research Funding Act of 1996 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars be paid over to the Breast and Prostate Cancer Research Fund. Establishes a trust fund to be known as the Breast and Prostate Cancer Research Fund into which such designated amounts shall be deposited.","title":"Taxpayers' Cancer Research Funding Act of 1996","text_len":5423,"sum_len":343} {"bill_id":"113_hr1874","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pro-Growth Budgeting Act of 2014''.\n\nSEC. 2. MACROECONOMIC IMPACT ANALYSES.\n\n (a) In General.--Part A of title IV of the Congressional Budget Act \nof 1974 is amended by adding at the end the following new section:\n\n ``macroeconomic impact analysis of major legislation\n\n ``Sec. 407. (a) Congressional Budget Office.--The Congressional \nBudget Office shall, to the extent practicable, prepare for each major \nbill or resolution reported by any committee of the House of \nRepresentatives or the Senate (except the Committee on Appropriations \nof each House), as a supplement to estimates prepared under section \n402, a macroeconomic impact analysis of the budgetary effects of such \nbill or resolution for the ten fiscal-year period beginning with the \nfirst fiscal year for which an estimate was prepared under section 402 \nand each of the next three ten fiscal-year periods. The Director shall \nsubmit to such committee the macroeconomic impact analysis, together \nwith the basis for the analysis. As a supplement to estimates prepared \nunder section 402, all such information so submitted shall be included \nin the report accompanying such bill or resolution.\n ``(b) Economic Impact.--The analysis prepared under subsection (a) \nshall describe the potential economic impact of the applicable major \nbill or resolution on major economic variables, including real gross \ndomestic product, business investment, the capital stock, employment, \ninterest rates, and labor supply. The analysis shall also describe the \npotential fiscal effects of the bill or resolution, including any \nestimates of revenue increases or decreases resulting from changes in \ngross domestic product. To the extent practicable, the analysis should \nuse a variety of economic models in order to reflect the full range of \npossible economic outcomes resulting from the bill or resolution. The \nanalysis (or a technical appendix to the analysis) shall specify the \neconomic and econometric models used, sources of data, relevant data \ntransformations, and shall include such explanation as is necessary to \nmake the models comprehensible to academic and public policy analysts.\n ``(c) Reporting on Accuracy of Macroeconomic Impact Analyses.--Upon \ncompletion of the fifth fiscal year beginning after the date of \nenactment of any major bill or joint resolution for which the \nCongressional Budget Office prepared an analysis under subsection (a), \nthe Congressional Budget Office shall report on the accuracy of the \noriginal macroeconomic impact analysis of such enacted bill or joint \nresolution and submit these reports to the Committees on the Budget of \nthe House of Representatives and the Senate.\n ``(d) Definitions.--As used in this section--\n ``(1) the term `macroeconomic impact analysis' means--\n ``(A) an estimate of the changes in economic \n output, employment, interest rates, capital stock, and \n tax revenues expected to result from enactment of the \n proposal;\n ``(B) an estimate of revenue feedback expected to \n result from enactment of the proposal; and\n ``(C) a statement identifying the critical \n assumptions and the source of data underlying that \n estimate;\n ``(2) the term `major bill or resolution' means any bill or \n resolution if the gross budgetary effects of such bill or \n resolution for any fiscal year in the period for which an \n estimate is prepared under section 402 is estimated to be \n greater than .25 percent of the current projected gross \n domestic product of the United States for any such fiscal year;\n ``(3) the term `budgetary effect', when applied to a major \n bill or resolution, means the changes in revenues, outlays, \n deficits, and debt resulting from that measure; and\n ``(4) the term `revenue feedback' means changes in revenue \n resulting from changes in economic growth as the result of the \n enactment of any major bill or resolution.\n ``(e) Legislation With Revenue Provisions.--The macroeconomic \nanalysis described in subsection (c) shall rely on macroeconomic \nanalysis prepared by the Joint Committee on Taxation for any provisions \nof such legislation that are described in section 201(f). For \nlegislation consisting solely of provisions described in section \n201(f), the macroeconomic analysis described in subsection (c) shall be \nprepared by the Joint Committee on Taxation.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by inserting after the item relating to section 406 the \nfollowing new item:\n\n``Sec. 407. Macroeconomic impact analysis of major legislation.''.\n\n Passed the House of Representatives April 4, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Pro-Growth Budgeting Act of 2014 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee , as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines quot, major bill or resolutionquot. As any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25 of the current projected US gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply. And (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Requires the CBO, five fiscal years after the enactment of any major bill or joint resolution for which it prepared a macroeconomic impact analysis, to report to the congressional budget committees on the accuracy of the original analysis.","title":"Pro-Growth Budgeting Act of 2014","text_len":5183,"sum_len":1624} {"bill_id":"109_s1077","text":"SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT.\n\n (a) In General.--Subchapter B of chapter 65 of the Internal Revenue \nCode of 1986 (relating to rules of special application) is amended by \ninserting after section 6426 the following new section:\n\n``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS.\n\n ``(a) Allowance of Credits.--There shall be allowed as a credit \nagainst the tax imposed by section 4081 an amount equal to the \nrenewable liquid mixture credit.\n ``(b) Renewable Liquid Mixture Credit.--\n ``(1) In general.--For purposes of this section, the \n renewable liquid mixture credit is the product of the \n applicable amount and the number of gallons of renewable liquid \n used by the taxpayer in producing any renewable liquid mixture \n for sale or use in a trade or business of the taxpayer.\n ``(2) Applicable amount.--For purposes of this section, the \n applicable amount is $1.00.\n ``(3) Renewable liquid mixture.--For purposes of this \n section, the term `renewable liquid mixture' means a mixture of \n renewable liquid and taxable fuel which--\n ``(A) is sold by the taxpayer producing such \n mixture to any person for use as a fuel or feedstock, \n or\n ``(B) is used as a fuel or feedstock by the \n taxpayer producing such mixture.\n For purposes of subparagraph (A), a mixture produced by any \n person at a refinery prior to a taxable event which includes \n renewable liquid shall be treated as sold at the time of its \n removal from the refinery (and only at such time) or sold to \n another person for use as a fuel or feedstock.\n ``(c) Other Definitions.--For purposes of this subsection:\n ``(1) Renewable liquid.--The term `renewable liquid' means \n liquid hydrocarbons derived from waste and byproduct streams \n including: agricultural byproducts and wastes, aqua-culture \n products produced from waste streams, food processing plant \n byproducts, municipal solid and semi-solid waste streams, \n industrial waste streams, automotive scrap waste streams, and \n as further provided by regulations.\n ``(2) Taxable fuel.--The term `taxable fuel' has the \n meaning given such term by section 4083(a)(1).\n ``(3) Feedstock.--The term `feedstock' means any precursor \n material subject to further processing to make a petrochemical, \n solvent, or other hydrocarbon which has the effect of \n displacing conventional crude oil, or products produced from \n conventional crude oil.\n ``(4) Additional definitions.--Any term used in this \n section which is also used in section 40B shall have the \n meaning given such term by section 40B.\n ``(d) Certification for Renewable Liquid Fuel.--No credit shall be \nallowed under this section unless the taxpayer obtains a certification \n(in such form and manner as prescribed by the Secretary) from the \nproducer of the renewable liquid fuel, which identifies the product \nproduced.\n ``(e) Mixture Not Used as Fuel, Etc.--\n ``(1) Imposition of tax.--If--\n ``(A) any credit was determined under this section \n with respect to renewable liquid used in the production \n of any renewable liquid mixture, and\n ``(B) any person--\n ``(i) separates the renewable liquid from \n the mixture, or\n ``(ii) without separation, uses the mixture \n other than as a fuel,\n then there is hereby imposed on such person a tax equal \n to the product of the applicable amount and the number \n of gallons of such renewable liquid.\n ``(2) Applicable laws.--All provisions of law, including \n penalties, shall, insofar as applicable and not inconsistent \n with this section, apply in respect of any tax imposed under \n paragraph (1) as if such tax were imposed by section 4081 and \n not by this section.\n ``(f) Coordination With Exemption From Excise Tax.--Rules similar \nto the rules under section 40(c) shall apply for purposes of this \nsection.\n ``(g) Termination.--This section shall not apply to any sale, use, \nor removal for any period after December 31, 2010.''.\n (b) Registration Requirement.--Section 4101(a)(1) of the Internal \nRevenue Code of 1986 (relating to registration) is amended by inserting \n``and every person producing or importing renewable liquid as defined \nin section 6426A(c)(1)'' before ``shall register with the Secretary''.\n (c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is \namended by inserting after subsection (f) the following new subsection:\n ``(g) Renewable Liquid Used to Produce Mixture.--\n ``(1) Used to produce a mixture.--If any person produces a \n mixture described in section 6426A in such person's trade or \n business, the Secretary shall pay (without interest) to such \n person an amount equal to the renewable liquid mixture credit \n with respect to such mixture.\n ``(2) Coordination with other repayment provisions.--No \n amount shall be payable under paragraph (1) with respect to any \n mixture with respect to which an amount is allowed as a credit \n under section 6426A.\n ``(3) Termination.--This subsection shall not apply with \n respect to any renewable liquid fuel mixture (as defined in \n section 6426A(b)(3) sold or used after December 31, 2010).''.\n (d) Conforming Amendment.--The last sentence of section 9503(b)(1) \nis amended by striking ``section 6426'' and inserting ``sections 6426 \nand 6426A''.\n (e) Clerical Amendment.--The table of sections for subchapter B of \nchapter 65 of the Internal Revenue Code of 1986 is amended by inserting \nafter the item relating to section 6426 the following new item:\n\n ``Sec. 6426A. Credit for renewable liquid fuels.''.\n (f) Effective Dates.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n fuel sold or used after December 31, 2005.\n (2) Registration requirement.--The amendment made by \n subsection (b) shall take effect on January 1, 2006.\n\nSEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by inserting after section 40A the following new \nsection:\n\n``SEC. 40B. RENEWABLE LIQUID USED AS FUEL.\n\n ``(a) General Rule.--For purposes of section 38, the renewable \nliquid credit determined under this section for the taxable year is an \namount equal to the sum of--\n ``(1) the renewable liquid mixture credit, plus\n ``(2) the renewable liquid credit.\n ``(b) Definition of Renewable Liquid Mixture Credit and Renewable \nLiquid Credit.--For purposes of this section--\n ``(1) Renewable liquid mixture credit.--\n ``(A) In general.--The renewable liquid mixture \n credit of any taxpayer for any taxable year is $1.00 \n for each gallon of renewable liquid fuel used by the \n taxpayer in the production of a qualified renewable \n liquid fuel mixture.\n ``(B) Qualified renewable liquid mixture.--The term \n `qualified renewable liquid mixture' means a mixture of \n renewable liquid and taxable fuel (as defined in \n section 4083(a)(1)), which--\n ``(i) is sold by the taxpayer producing \n such a mixture to any person for use as a fuel \n or feedstock, or\n ``(ii) is used as a fuel or feedstock by \n the taxpayer producing such mixture.\n ``(C) Sale or use must be in trade or business, \n etc.--Renewable liquid used in the production of a \n qualified renewable liquid fuel mixture shall be taken \n into account--\n ``(i) only if the sale or use described in \n subparagraph (B) is in a trade or business of \n the taxpayer, and\n ``(ii) for the taxable year in which such \n sale or use occurs.\n ``(2) Renewable liquid credit.--\n ``(A) In general.--The renewable liquid credit of \n any taxpayer for any taxable year is $1.00 for each \n gallon of renewable liquid which is not in a mixture \n with taxable fuel and which during the taxable year--\n ``(i) is used by the taxpayer as a fuel or \n feedstock in a trade or business, or\n ``(ii) is sold by the taxpayer at retail to \n a person and placed in the fuel tank of such \n person's vehicle.\n ``(B) User credit not to apply to renewable liquid \n sold at retail.--No credit shall be allowed under \n subparagraph (A)(i) with respect to any renewable \n liquid which was sold in a retail sale described in \n subparagraph (A)(ii).\n ``(c) Certification for Renewable Liquid.--No credit shall be \nallowed under this section unless the taxpayer obtains a certification \n(in such form and manner as prescribed by the Secretary) from the \nproducer or importer of the renewable liquid fuel which identifies the \nproduct produced and percentage of renewable liquid fuel in the \nproduct.\n ``(d) Coordination With Credit Against Excise Tax.--The amount of \nthe credit determined under this section with respect to any renewable \nliquid fuel shall be properly reduced to take into account any benefit \nprovided with respect to such renewable liquid fuel solely by reason of \nthe application of section 6426A or 6427(g).\n ``(e) Definitions and Special Rules.--For purposes of this section, \nthe term `renewable liquid' means liquid hydrocarbons derived from \nwaste and byproduct streams including: agricultural byproducts and \nwastes, agriculture materials produced from waste streams, food \nprocessing plant byproducts, municipal solid and semi-solid waste \nstreams, industrial waste streams, automotive scrap waste streams, as \nfurther provided by regulations.\n ``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.--\n ``(1) Mixtures.--If--\n ``(A) any credit was determined under this section \n with respect to renewable liquid used in the production \n of any qualified renewable liquid mixture, and\n ``(B) any person--\n ``(i) separates the renewable liquid from \n the mixture, or\n ``(ii) without separation, uses the mixture \n other than as a fuel,\n then there is hereby imposed on such person a \n tax equal to the product of the rate applicable \n under subsection (b)(1)(A) and the number of \n gallons of such renewable liquid in such \n mixture.\n ``(2) Renewable liquid.--If--\n ``(A) any credit was determined under this section \n with respect to the retail sale of any renewable \n liquid, and\n ``(B) any person mixes such renewable liquid or \n uses such renewable liquid other than as a fuel, then \n there is hereby imposed on such person a tax equal to \n the product of the rate applicable under subsection \n (b)(2)(A) and the number of gallons of such renewable \n liquid.\n ``(3) Applicable laws.--All provisions of law, including \n penalties, shall, insofar as applicable and not inconsistent \n with this section, apply in respect of any tax imposed under \n subparagraph (A) or (B) as if such tax were imposed by section \n 4081 and not by this chapter.\n ``(g) Pass-Thru in the Case of Estates and Trusts.--Under \nregulations prescribed by the Secretary, rules similar to the rules of \nsubsection (d) of section 52 shall apply.\n ``(h) Termination.--This section shall not apply to any sale or use \nafter December 31, 2010.''.\n (b) Credit Treated as Part of General Business Credit.--Section \n38(b) of the Internal Revenue Code of 1986 (relating to current year \nbusiness credit), is amended by striking ``plus'' at the end of \nparagraph (18), by striking the period at the end of paragraph (17), \nand inserting ``, plus'', and by inserting after paragraph (19) the \nfollowing new paragraph:\n ``(20) The renewable liquid credit determined under section \n 40B.''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter I of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 40A the \nfollowing new item:\n\n ``Sec. 40B. Renewable liquid used as fuel.''.\n (d) Effective Date.--The amendments made by this section shall \napply to fuel produced, and sold as used, after December 31, 2005.","summary":"Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels. And (2) a business tax credit for renewable liquid used as fuel. Defines renewable liquid as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a renewable liquid fuels tax credit, and for other purposes.","text_len":13761,"sum_len":318} {"bill_id":"114_s1990","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Computer Security Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Agency.--The term ``agency'' has the meaning given the \n term in section 3502 of title 44, United States Code.\n (2) Covered agency.--The term ``covered agency'' means an \n agency that operates a Federal computer system that provides \n access to classified information or personally identifiable \n information.\n (3) Logical access control.--The term ``logical access \n control'' means a process of granting or denying specific \n requests to obtain and use information and related information \n processing services.\n (4) Multi-factor logical access controls.--The term \n ``multi-factor logical access controls'' means a set of not \n less than 2 of the following logical access controls:\n (A) Information that is known to the user, such as \n a password or personal identification number.\n (B) An access device that is provided to the user, \n such as a cryptographic identification device or token.\n (C) A unique biometric characteristic of the user.\n\nSEC. 3. INSPECTOR GENERAL REPORT ON FEDERAL COMPUTER SYSTEMS.\n\n (a) In General.--Not later than 240 days after the date of \nenactment of this Act, the Inspector General of each covered agency \nshall each submit to the Comptroller General of the United States and \nthe appropriate committees of jurisdiction in the Senate and the House \nof Representatives a report, which shall include information collected \nfrom the covered agency for the contents described in subsection (b) \nregarding the Federal computer systems of the covered agency.\n (b) Contents.--The report submitted by each Inspector General of a \ncovered agency under subsection (a) shall include, with respect to the \ncovered agency, the following:\n (1) A description of the logical access standards used by \n the covered agency to access a Federal computer system that \n provides access to classified or personally identifiable \n information, including--\n (A) in aggregate, a list and description of logical \n access controls used to access such a Federal computer \n system; and\n (B) whether the covered agency is using multi-\n factor logical access controls to access such a Federal \n computer system.\n (2) If the covered agency does not use logical access \n controls or multi-factor logical access controls to access a \n Federal computer system that provides access to classified or \n personally identifiable information, a description of the \n reasons for not using such logical access controls or multi-\n factor logical access controls.\n (3) A description of the following data security management \n practices used by the covered agency:\n (A) The policies and procedures followed to conduct \n inventories of the software present on the Federal \n computer systems of the covered agency and the licenses \n associated with such software.\n (B) Whether the covered agency has entered into a \n licensing agreement for the use of software security \n controls to monitor and detect exfiltration and other \n threats, including--\n (i) data loss prevention software; or\n (ii) digital rights management software.\n (C) A description of how the covered agency is \n using software described in subparagraph (B).\n (D) If the covered agency has not entered into a \n licensing agreement for the use of, or is otherwise not \n using, software described in subparagraph (B), a \n description of the reasons for not entering into such a \n licensing agreement or using such software.\n (4) A description of the policies and procedures of the \n covered agency with respect to ensuring that entities, \n including contractors, that provide services to the covered \n agency are implementing the data security management practices \n described in paragraph (3).\n (c) Existing Review.--The report required under this section may be \nbased in whole or in part on an audit, evaluation, or report relating \nto programs or practices of the covered agency, and may be submitted as \npart of another report, including the report required under section \n3555 of title 44, United States Code.\n (d) Classified Information.--A report submitted under this section \nshall be in unclassified form, but may include a classified annex.\n (e) Availability to Members of Congress.--A report submitted under \nthis section shall be made available upon request by any Member of \nCongress.\n\nSEC. 4. GAO ECONOMIC ANALYSIS AND REPORT ON FEDERAL COMPUTER SYSTEMS.\n\n (a) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Comptroller General of the United States shall submit to \nCongress a report examining, including an economic analysis of, any \nimpediments to agency use of effective security software and security \ndevices.\n (b) Classified Information.--A report submitted under this section \nshall be in unclassified form, but may include a classified annex.","summary":"Federal Computer Security Act Directs the Inspector General of each executive agency that operates a federal computer system that provides access to classified information or personally identifiable information to submit to the Comptroller General and specified congressional committees a report that includes: a description of the logical access standards used by the agency to access such system, including whether the agency is using multi-factor logical access controls for such access. If the agency does not use such access controls, a description of the reasons for not doing so. A description of the data security management practices used by the agency, including the policies and procedures for conducting inventories of software and associated licenses, an indication that the agency has entered into a licensing agreement for the use of software security controls to monitor and detect threats, or an explanation for why it has not entered such an agreement. And a description of agency policies and procedures for ensuring that entities that provide services to the agency are implementing data security management practices. Directs the Comptroller General to submit a report on any impediments to agency use of effective security software and security devices.","title":"Federal Computer Security Act","text_len":5628,"sum_len":1275} {"bill_id":"109_s1739","text":"SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS.\n\n (a) Amendments to Title 18.--Section 3144 of title 18, United \nStates Code, is amended to read as follows:\n``Sec. 3144. Release or detention of a material witness\n ``(a) Arrest of Material Witness.--\n ``(1) In general.--A judicial officer may order the arrest \n of a person as a material witness, if it appears from an \n affidavit filed by a party in a criminal case before a court of \n the United States, or by an attorney for the Government in a \n matter occurring before a Federal grand jury, that there is \n probable cause to believe that--\n ``(A) the testimony of such person is material in \n such case or matter; and\n ``(B) the person has been served with a summons or \n subpoena and failed or refused to appear as required.\n ``(2) Exception.--A judicial officer may waive the summons \n or subpoena requirement described in paragraph (1)(B), if the \n judicial officer finds by clear and convincing evidence that \n the service of a summons or subpoena--\n ``(A) is likely to result in the person fleeing; or\n ``(B) cannot adequately secure the appearance of \n the person as required.\n ``(b) Warrant for Material Witness.--\n ``(1) Requirements.--A warrant issued under subsection (a) \n shall--\n ``(A) contain the name of the material witness or, \n if the name of such witness is unknown, a name or \n description by which the witness can be identified with \n reasonable certainty;\n ``(B) specify that the testimony of the witness is \n sought in a criminal case or grand jury proceeding;\n ``(C) command that the witness be arrested and \n brought without unnecessary delay before a judicial \n officer;\n ``(D) inform the witness of the witness's right to \n retain counsel or to request that counsel be appointed \n if the witness cannot obtain counsel; and\n ``(E) be signed by a judicial officer.\n ``(2) Execution of warrant.--\n ``(A) Arrest of witness.--A warrant issued under \n subsection (a) shall be executed by arresting the \n material witness.\n ``(B) Warrant to be provided to witness.--\n ``(i) In general.--Upon arrest, an officer \n possessing the warrant shall show such warrant \n to the material witness.\n ``(ii) Warrant not in possession of \n arresting officer.--If an officer does not \n possess the warrant at the time of arrest of a \n material witness, an officer--\n ``(I) shall inform the witness of \n the existence and purpose of the \n warrant; and\n ``(II) at the request of the \n witness, shall provide the warrant to \n the witness as soon as possible.\n ``(3) Return of warrant.--\n ``(A) After execution.--After executing a warrant \n issued under subsection (a), an officer shall return \n the warrant to the judicial officer before whom the \n material witness is brought in accordance with \n subsection (c).\n ``(B) Unexecuted warrant.--At the request of an \n attorney for the United States Government, an \n unexecuted warrant shall be brought back to and \n canceled by a judicial officer.\n ``(c) Initial Appearance.--\n ``(1) Appearance upon arrest.--A material witness arrested \n pursuant to a warrant issued under subsection (a) shall be \n brought without unnecessary delay before a judicial officer.\n ``(2) Place of initial appearance.--The initial appearance \n of a material witness arrested pursuant to a warrant issued \n under subsection (a) shall be--\n ``(A) in the district of arrest; or\n ``(B) in an adjacent district if--\n ``(i) the appearance can occur more \n promptly there; or\n ``(ii) the warrant was issued there and the \n initial appearance will occur on the day of the \n arrest.\n ``(3) Procedures.--At the initial appearance described in \n paragraph (2), a judicial officer shall--\n ``(A) inform a material witness of--\n ``(i) the warrant against the witness, and \n the application and affidavit filed in support \n of the warrant; and\n ``(ii) the witness's right to retain \n counsel or to request that counsel be appointed \n if the witness cannot obtain counsel;\n ``(B) allow the witness a reasonable opportunity to \n consult with counsel;\n ``(C) release or detain the witness as provided by \n subsection (d); and\n ``(D) if the initial appearance occurs in a \n district other than where the warrant issued, transfer \n the witness to such district, provided that the \n judicial officer finds that the witness is the same \n person named in the warrant.\n ``(d) Release or Detention.--\n ``(1) In general.--Upon the appearance before a judicial \n officer of a material witness arrested pursuant to a warrant \n issued under subsection (a), the judicial officer shall order \n the release or detention of such witness.\n ``(2) Release.--\n ``(A) In general.--A judicial officer shall order \n the release of a material witness arrested pursuant to \n a warrant issued under subsection (a) on personal \n recognizance or upon execution of an unsecured \n appearance bond under section 3142(b), or on a \n condition or combination of conditions under section \n 3142(c), unless the judicial officer determines by \n clear and convincing evidence that such release will \n not reasonably assure the appearance of the witness as \n required.\n ``(B) Testimony secured by deposition.--No material \n witness may be detained because of the inability of the \n witness to comply with any condition of release if the \n testimony of such witness can adequately be secured by \n deposition.\n ``(3) Detention.--\n ``(A) No reasonable assurance of appearance.--If, \n after a hearing pursuant to the provisions of section \n 3142(f)(2), a judicial officer finds by clear and \n convincing evidence that no condition or combination of \n conditions will reasonably assure the appearance of a \n material witness as required by this section, such \n judicial officer may order that the witness be detained \n for a period not to exceed 5 days, or until the \n testimony of the witness can adequately be secured by \n deposition or by appearance before the court or grand \n jury, whichever is earlier.\n ``(B) Extension of detention.--\n ``(i) In general.--Subject to clause (ii), \n upon the motion of a party (or an attorney for \n the United States Government in a matter \n occurring before a Federal grand jury), the \n period of detention under subparagraph (A) may \n be extended for additional periods of up to 5 \n days, or until the testimony of a material \n witness can adequately be secured by deposition \n or by appearance before the court or grand \n jury, whichever is earlier.\n ``(ii) Limit.--The total period of \n detention under this subparagraph may not \n exceed--\n ``(I) 30 days, where the testimony \n of the witness is sought in a criminal \n case; or\n ``(II) 10 days, where the testimony \n of the witness is sought in a grand \n jury proceeding.\n ``(C) Good cause required.--A motion under \n subparagraph (B) shall demonstrate good cause for why \n the testimony of a material witness could not \n adequately be secured by deposition or by appearance \n before the court or grand jury during the previous 5-\n day period.\n ``(4) Factors to be considered.--A judicial officer, in \n determining whether a material witness should be released or \n detained--\n ``(A) shall take into account the available \n information concerning the history and characteristics \n of the witness, including the information described in \n section 3142(g)(3)(A); and\n ``(B) may consider challenges to the basis of the \n warrant.\n ``(5) Contents of release order.--A release order issued \n under paragraph (2) shall comply with the requirements of \n paragraphs (1) and (2)(B) of section 3142(h).\n ``(6) Contents of detention order.--A detention order \n issued under paragraph (3) shall comply with the requirements \n of section 3142(i), provided that a judicial officer shall \n direct that a material witness be held--\n ``(A) in a facility separate and apart, to the \n extent practicable, from persons charged with or \n convicted of a criminal offense; and\n ``(B) under the least restrictive conditions \n possible.\n ``(e) Report.--\n ``(1) In general.--Notwithstanding any other provision of \n law, the Attorney General shall provide to the Committees on \n the Judiciary of the Senate and the House of Representatives an \n annual report regarding the use of this section by the United \n States Government during the preceding 1-year period.\n ``(2) Content of report.--A report required under paragraph \n (1) shall include--\n ``(A) the number of warrants sought under \n subsection (a), and the number either granted or \n denied;\n ``(B) the number of material witnesses arrested \n pursuant to a warrant issued under subsection (a) whose \n testimony was not secured by deposition or by \n appearance before the court or grand jury, and the \n reasons therefore; and\n ``(C) the average number of days that material \n witnesses arrested pursuant to a warrant issued under \n subsection (a) were detained.''.\n (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of \nthe Federal Rules of Criminal Procedure is amended to read as follows:\n ``(h) Supervising Detention Pending Trial.--To eliminate \nunnecessary detention, the court must supervise the detention within \nthe district of any defendants awaiting trial and of any persons held \nas material witnesses.''.","summary":"Rewrites provisions of the federal criminal code regarding material witnesses. Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear. And (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured. Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel. Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel. (2) allow the witness a reasonable opportunity to consult with counsel. And (3) release or detain the witness . Limits the detention period. Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible. And (2) the Attorney General to report annually to the House and Senate Judiciary Committees.","title":"A bill to amend the material witness statute to strengthen procedural safeguards, and for other purposes.","text_len":12342,"sum_len":1423} {"bill_id":"114_hr3198","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Jobs Act of 2015''.\n\nSEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following:\n\n``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \neligible small employer, the small employer hiring credit determined \nunder this section for any taxable year is the amount determined under \nsubsection (b).\n ``(b) Small Employer Hiring Credit Amount.--The amount determined \nunder this subsection for a taxable year with respect to a qualified \nsmall employer is the product of--\n ``(1) the tax rate in effect under section 3111(a) for the \n calendar year in which such taxable year ends, multiplied by\n ``(2) the wages paid by the qualified small employer with \n respect to employment of all covered employees during the \n taxable year.\n ``(c) Qualified Employer.--For purposes of this subsection--\n ``(1) In general.--The term `qualified small employer' \n means with respect to any calendar year, an employer who--\n ``(A) has a place of business in a county with an \n annual unemployment rate for the preceding calendar \n year of at least one percentage point greater than the \n national annual unemployment rate for the preceding \n calendar year, and\n ``(B) who on no business day of the preceding \n calendar year employed less than 2, or more than 100, \n employees.\n ``(2) Employers not in existence in preceding year.--In the \n case of an employer which was not in existence throughout the \n preceding calendar year, the determination of whether such \n employer is a small employer shall be based on the number of \n employees that it is reasonably expected such employer will \n employ on business days in the current calendar year.\n ``(3) Special rules.--For purposes of this subsection--\n ``(A) Predecessor and successor.--Any reference in \n this paragraph to an employer shall include a reference \n to any predecessor of, or successor to, such employer.\n ``(B) Aggregation rule.--All persons treated as a \n single employer under subsection (b), (c), (m), or (o) \n of section 414 shall be treated as one employer.\n ``(C) Governmental employers not included.--The \n term `employer' does not include the United States, any \n State, or any political subdivision thereof, or any \n instrumentality of the foregoing.\n ``(D) Determination of unemployment rate.--The \n unemployment rate shall be the rate determined by the \n Bureau of Labor Statistics.\n ``(4) Credit applies for only 1 year.--If an election to \n claim the credit under this section is in effect for any \n calendar year, paragraph (1) shall not apply to such employer \n for any year after such calendar year.\n ``(d) Covered Employee.--For purposes of this subsection--\n ``(1) In general.--The term `covered employee' means, with \n respect to any week, is an employee who--\n ``(A) first begins work for the employer for \n services performed by the employee--\n ``(i) in a trade or business of such \n qualified small employer, or\n ``(ii) in the case of a qualified small \n employer exempt from tax under section 501(a), \n in furtherance of the activities related to the \n purpose or function constituting the basis of \n the employer's exemption under section 501, and\n ``(B) is employed on average at least 30 hours of \n service per week.\n ``(2) Limitation to 5 employees.--An employer may not treat \n more than 5 employees as covered employees.\n ``(3) Hours of service.--The Secretary, in consultation \n with the Secretary of Labor, shall prescribe such regulations, \n rules, and guidance as may be necessary to determine the hours \n of service of an employee, including rules for the application \n of this paragraph to employees who are not compensated on an \n hourly basis.\n ``(e) Credit Made Available to Tax-Exempt Eligible Small \nEmployers.--\n ``(1) In general.--In the case of a tax-exempt eligible \n small employer, there shall be treated as a credit allowable \n under subpart C (and not allowable under this subpart) the \n amount of the credit determined under this section with respect \n to such employer.\n ``(2) Tax-exempt eligible small employer.--For purposes of \n this section, the term `tax-exempt eligible small employer' \n means an eligible small employer which is any organization \n described in section 501(c) which is exempt from taxation under \n section 501(a).\n ``(f) Denial of Double Benefit.--No deduction or credit shall be \nallowed under any other provision of this chapter with respect to the \namount of the credit determined under this section.\n ``(g) Election.--This section shall apply to any taxpayer for any \ntaxable year only if such taxpayer elects (at such time and in such \nmanner as the Secretary may by regulations prescribe) to have this \nsection apply for such taxable year.\n ``(h) Termination.--This section shall not apply with respect to \nwages paid after December 31, 2017.''.\n (b) Credit To Be Part of General Business Credit.--Section 38(b) of \nthe Internal Revenue Code of 1986 (relating to current year business \ncredit) is amended by striking ``plus'' at the end of paragraph (35), \nby striking the period at the end of paragraph (36) and inserting ``, \nplus'', and by inserting after paragraph (36) the following:\n ``(37) the small employer small employer hiring credit \n determined under section 45S.''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following:\n\n``Sec. 45S. Certain individuals hired by a small employer.''.\n (d) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years beginning after \nDecember 31, 2015.","summary":"Small Business Jobs Act of 2015 This bill amends the Internal Revenue Code to allow a qualified small employer a business-related tax credit for the cost of hiring up to 5 new employees who work for such employer, on average, at least 30 hours per week. The bill defines quot, qualified small employerquot. As an employer who: (1) has a place of business in a county with an annual unemployment rate that is at least 1 greater than the national rate for the preceding calendar year. And (2) did not employ fewer than 2, or more than 100, employees in the preceding calendar year. The bill allows an employer who is a tax-exempt organization to claim such credit. The credit is not available for wages paid after December 31, 2017.","title":"Small Business Jobs Act of 2015","text_len":6856,"sum_len":730} {"bill_id":"114_s1201","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Distributed Energy Grid \nIntegration Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) research by the Secretary of Energy and the \n Administrator of the Environmental Protection Agency has found \n that clean distributed energy technologies can create important \n values for both the host facility and the electric grid \n operator;\n (2) the values described in paragraph (1) can include, for \n the host facility--\n (A) energy bill savings;\n (B) additional revenue from offering ancillary \n services to the electric grid operator;\n (C) increased electric reliability in the event of \n grid outages; and\n (D) improved electric power quality;\n (3) the values described in paragraph (1) can include, for \n the electric grid operator--\n (A) avoiding the need for transmission and \n distribution upgrade investments;\n (B) enhanced grid stability by providing reactive \n power;\n (C) voltage and frequency stabilization; and\n (D) more reliable and stable operation of the grid \n by providing dispatchable energy to the grid during \n periods of insufficient capacity or supply; and\n (4) new advances in intelligent sensing and simulation and \n control technologies offer the potential to enhance the \n benefits of clean distributed generation to both the host \n facility and the electric grid operator from dynamic, adaptive, \n and anticipatory response to changing grid conditions.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Ancillary service.--The term ``ancillary service'' \n means those services necessary to support the transmission of \n electric power from seller to purchaser given the obligations \n of control areas and transmitting utilities within those \n control areas to maintain reliable operations of the \n interconnected transmission system.\n (2) Clean distributed energy.--The term ``clean distributed \n energy'' means energy technologies that are located on the \n customer site operating on the customer side of the electric \n meter and are interconnected with the electric grid.\n (3) Combined heat and power technology.--The term \n ``combined heat and power technology'' means the generation of \n electric energy and heat in a single, integrated system that \n meets the efficiency criteria in clauses (ii) and (iii) of \n section 48(c)(3)(A) of the Internal Revenue Code of 1986, under \n which heat that is conventionally rejected is recovered and \n used to meet thermal energy requirements.\n (4) Energy storage.--The term ``energy storage'' means \n technologies that store electric energy and are able to \n discharge on demand to meet customer or grid needs for electric \n energy.\n (5) Fuel cell.--The term ``fuel cell'' means a device that \n produces electric energy directly from a chemical reaction.\n (6) Grid.--The term ``grid'' means the electric grid that \n is composed on both distribution and transmission lines, and \n associated facilities, including substations, sensors, and \n operational controls.\n (7) Intelligence.--The term ``intelligence'' means any \n devices or technologies that manifest adaptive, anticipatory, \n and dynamic optimization behavior.\n (8) Qualified waste heat resource.--\n (A) In general.--The term ``qualified waste heat \n resource'' means--\n (i) exhaust heat or flared gas from any \n industrial process;\n (ii) waste gas or industrial tail gas that \n would otherwise be flared, incinerated, or \n vented;\n (iii) a pressure drop in any gas for an \n industrial or commercial process; or\n (iv) any other form of waste heat resource, \n as determined by the Secretary.\n (B) Exclusion.--The term ``qualified waste heat \n resource'' does not include a heat resource from a \n process the primary purpose of which is the generation \n of electricity using a fossil fuel.\n (9) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (10) Waste heat to power technology.--The term ``waste heat \n to power technology'' means a system that generates electricity \n through the recovery of a qualified waste heat resource.\n\nSEC. 4. RESEARCH AND DEPLOYMENT PLAN FOR ENHANCED INTEGRATION OF CLEAN \n DISTRIBUTED ENERGY WITH THE GRID.\n\n (a) In General.--The Secretary shall carry out efforts for \nadvancing the integration of clean distributed energy into electric \ngrids.\n (b) Study and Report on the Status of Grid Integration.--\n (1) In general.--In carrying out the efforts under \n subsection (a) and not later than 180 days after the date of \n enactment of this Act, the Secretary shall conduct a study on \n the status of integration of clean distributed energy into the \n grid, identifying any issues that require additional research \n or regulatory development.\n (2) Inclusions.--In conducting the study under paragraph \n (1), the Secretary shall--\n (A) identify and quantify the benefits to all \n stakeholders of expanded integration of clean \n distributed energy resources into the grid;\n (B) identify any technical issues that require \n research to identify solutions; and\n (C) identify any regulatory barriers that inhibit \n the expanded integration of clean distributed energy \n resources into the grid.\n (3) Report.--Not later than 1 year after the date of \n enactment of this Act, the Secretary shall submit to Congress a \n report describing the results of the study conducted under \n paragraph (1).\n (4) Funding.--The Secretary shall use unobligated funds of \n the Department of Energy to carry out this subsection.\n (c) Research Into the Technical Barriers to the Integration of \nClean Distributed Energy With the Grid.--\n (1) In general.--Not later than 18 months after the date of \n enactment of this Act, the Secretary shall--\n (A) issue a solicitation for research proposals to \n address the technical barriers identified in the report \n submitted under subsection (b)(3); and\n (B) make grants to those applicants with research \n proposals selected by the Secretary in accordance with \n paragraph (2).\n (2) Criteria.--The Secretary shall select research \n proposals to receive a grant under this subsection on the basis \n of merit, using criteria identified by the Secretary, including \n the likelihood that the research results will address critical \n barriers identified by the Secretary.\n (3) Funding.--Beginning in the first full fiscal year \n following the date of enactment of this Act, and annually \n thereafter for 2 years, the Secretary may request funding as \n necessary to carry out this subsection, but in no case shall \n funding exceed $5,000,000 in any 1 fiscal year.\n (d) Creation of a Stakeholder Working Group.--\n (1) In general.--Not later than 18 months after the date of \n enactment of this Act, the Secretary shall convene a working \n group (referred to in this subsection as the ``Group'') to \n address regulatory barriers to deployment of intelligent grid \n integration of clean distributed energy technologies.\n (2) Purpose.--The purpose of the Group is to provide \n guidance on how to address the technical, regulatory and \n economic factors that limit widespread integration of grid-\n level clean distributed energy use in order to advance the \n integration of clean distributed energy into electric grids.\n (3) Membership.--\n (A) In general.--The Group shall be composed of \n representatives of all groups determined by the \n Secretary to have a material interest in the \n development, implementation, siting, and integration of \n clean distributed energy technology or systems into the \n electric grid.\n (B) Criteria.--Members shall be selected--\n (i) from representatives that apply as a \n result of a public announcement from the \n Secretary; and\n (ii) by the Secretary based on \n qualifications and balance of interests \n represented by the selected individuals.\n (4) Duties.--The duties of the Group shall be--\n (A) to review the regulatory barriers identified in \n the report prepared by the Secretary under subsection \n (b)(3);\n (B) to identify any additional regulatory barriers \n that inhibit the installation of distributed energy; \n and\n (C) to recommend to the Secretary any actions that \n should be undertaken to remove these barriers.\n (5) Report.--Not later than 3 years after the date of \n enactment of this Act, the Secretary shall prepare and submit \n to Congress a report based on the recommendations of the Group \n under paragraph (4)(C), to be made publicly available.\n (6) Funding.--The Secretary may request funding as \n necessary to carry out this subsection, but in no case shall \n funding exceed $2,000,000 in any 1 fiscal year.\n (e) Demonstrations of Intelligent Grid Integration of Clean \nDistributed Energy Systems.--\n (1) In general.--Based on the findings in the reports \n conducted under this section and not later than 3 years after \n the date of enactment of this Act, the Secretary shall issue a \n solicitation for demonstration of integration of distributed \n energy resources into the grid.\n (2) Eligible entities.--Any individual entity or group of \n entities may submit to the Secretary proposals for \n demonstration projects based on the solicitation described in \n paragraph (1), including--\n (A) State and local agencies;\n (B) public institutions;\n (C) private companies;\n (D) electric utilities; and\n (E) equipment manufacturers.\n (3) Grants authorized.--The Secretary may make grants, in \n amounts not to exceed a total of $5,000,000, to eligible \n entities to carry out demonstration projects, to be selected \n based on--\n (A) the technical merits of the demonstration \n project;\n (B) the likelihood that the demonstration project \n will address critical barriers identified by the \n Secretary under this section; and\n (C) the share of non-Federal funds for the \n demonstration project.\n (4) Funding.--Beginning in the third full fiscal year \n following the date of enactment of this Act, and annually \n thereafter for 3 years, the Secretary may request funding as \n necessary to carry out this subsection, but in no case shall \n funding exceed $15,000,000 in any 1 fiscal year.\n (f) Report.--The Secretary annually shall submit to Congress a \nreport that--\n (1) describes the progress made in carrying out this \n section; and\n (2) identifies any technical or regulatory issues that \n require legislative action.","summary":"Clean Distributed Energy Grid Integration Act This bill directs the Department of Energy (DOE) to: (1) study the status of integration of clean distributed energy into electric grids, (2) identify issues requiring additional research or regulatory development, and (3) make grants for research proposals that address technical barriers identified in the study. quot, Clean distributed energyquot. Means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. DOE shall convene a stakeholder working group to: address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies. And provide guidance on how to address the technical, regulatory, and economic factors that limit widespread integration of grid-level clean distributed energy use in order to advance the integration of such energy into electric grids. DOE may make grants to implement integration demonstration projects, based on study findings, to state and local agencies, public institutions, private companies, electric utilities, and equipment manufacturers.","title":"Clean Distributed Energy Grid Integration Act","text_len":12593,"sum_len":1174} {"bill_id":"110_hr1281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deceptive Practices and Voter \nIntimidation Prevention Act of 2007''.\n\nSEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.\n\n (a) In General.--Chapter 29 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 618. Deceptive practices in Federal elections\n ``(a) Whoever, before or during a Federal election knowingly \ncommunicates election-related information about that election, knowing \nthat information to be false, with the intent to prevent another person \nfrom exercising the right to vote in that election, or attempts to do \nso, shall be fined under this title or imprisoned not more than 5 \nyears, or both.\n ``(b) As used in this section--\n ``(1) the term `Federal election' means any general, \n primary, run-off, or special election for the office of \n President, Vice President, presidential elector, Member of the \n Senate, Member of the House of Representatives, or Delegate or \n Commissioner from a territory or possession; and\n ``(2) the term `election related information' means \n information regarding--\n ``(A) the time, place, or manner of conducting the \n election;\n ``(B) the qualifications for or restrictions on \n voter eligibility for the election, including--\n ``(i) any criminal penalties associated \n with voting in the election; or\n ``(ii) information regarding a voter's \n registration status or eligibility;\n ``(C) with respect to a closed primary election, \n the political party affiliation of any candidate for \n office, if the communication of the information also \n contains false information described in subparagraph \n (A) or (B); or\n ``(D) the explicit endorsement by any person or \n organization of a candidate running for any office \n voted on in the election.''.\n (b) Clerical Amendment.--The table of sections for chapter 29 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing new item:\n\n``618. Deceptive practices in Federal elections.''.\n\nSEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.\n\n Section 594 of title 18, United States Code, is amended by striking \n``one year'' and inserting ``5 years''.\n\nSEC. 4. SENTENCING GUIDELINES.\n\n (a) Review and Amendment.--Not later than 90 days after the date of \nenactment of this Act, the United States Sentencing Commission, \npursuant to its authority under section 994 of title 28, United States \nCode, and in accordance with this section, shall review and, if \nappropriate, amend the Federal sentencing guidelines and policy \nstatements applicable to persons convicted of any offense under \nsections of title 18, United States Code, that are added or modified by \nthis Act.\n (b) Authorization.--The United States Sentencing Commission may, \nfor the purposes of the amendments made pursuant to this section, amend \nthe Federal sentencing guidelines in accordance with the procedures set \nforth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 \nnote) as though the authority under that section had not expired.\n\nSEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION.\n\n (a) Reporting.--Any person may report to the Attorney General any \nviolation or possible violation of section 594 or 618 of title 18, \nUnited States Code.\n (b) Corrective Action.--\n (1) In general.--Immediately after receiving a report under \n subsection (a), the Attorney General shall consider and review \n such report and, if the Attorney General determines that there \n is a reasonable basis to find that a violation has occurred, \n the Attorney General shall--\n (A) undertake all effective measures necessary to \n provide correct information to voters affected by the \n false information; and\n (B) refer the matter to the appropriate Federal and \n State authorities for criminal prosecution or civil \n action after the election.\n (2) Regulations.--\n (A) In general.--The Attorney General shall \n promulgate regulations regarding the methods and means \n of corrective actions to be taken under paragraph (1). \n Such regulations shall be developed in consultation \n with the Election Assistance Commission, civil rights \n organizations, voting rights groups, State and local \n election officials, voter protection groups, and other \n interested community organizations.\n (B) Study.--\n (i) In general.--The Attorney General, in \n consultation with the Federal Communications \n Commission and the Election Assistance \n Commission, shall conduct a study on the \n feasibility of providing the corrective \n information under paragraph (1) through public \n service announcements, the emergency alert \n system, or other forms of public broadcast.\n (ii) Report.--Not later than 180 days after \n the date of the enactment of this Act, the \n Attorney General shall submit to Congress a \n report detailing the results of the study \n conducted under clause (i).\n (3) Publicizing remedies.--The Attorney General shall make \n public through the Internet, radio, television, and newspaper \n advertisements information on the responsibilities, contact \n information, and complaint procedures applicable under this \n section.\n (c) Reports to Congress.--\n (1) In general.--Not later than 90 days after any primary, \n general, or run-off election for Federal office, the Attorney \n General shall submit to Congress a report compiling and \n detailing any allegations of false information submitted \n pursuant to subsection (a) and relating to such election.\n (2) Contents.--Each report submitted under paragraph (1) \n shall include--\n (A) detailed information on specific allegations of \n deceptive tactics;\n (B) statistical compilations of how many \n allegations were made and of what type;\n (C) the geographic locations of and the populations \n affected by the alleged deceptive information;\n (D) the status of the investigations of such \n allegations;\n (E) any corrective actions taken in response to \n such allegations;\n (F) the rationale used for any corrective actions \n or for any refusal to pursue an allegation;\n (G) the effectiveness of any such corrective \n actions;\n (H) whether a Voting Integrity Task Force was \n established with respect to such election, and, if so, \n how such task force was staffed and funded;\n (I) any referrals of information to other Federal, \n State, or local agencies;\n (J) any suit instituted under section 2004(b)(2) of \n the Revised Statutes (42 U.S.C. 1971(b)(2)) in \n connection with such allegations; and\n (K) any criminal prosecution instituted under title \n 18, United States Code, in connection with such \n allegations.\n (3) Report made public.--On the date that the Attorney \n General submits the report required under paragraph (1), the \n Attorney General shall also make the report publicly available \n through the Internet and other appropriate means.\n (d) Delegation of Duties.--\n (1) In general.--The Attorney General shall delegate the \n responsibilities under this section to a Voting Integrity Task \n Force established under paragraph (2).\n (2) Voting integrity task force.--\n (A) In general.--The Attorney General shall \n establish a Voting Integrity Task Force to carry out \n the requirements of this section with respect to any \n general, primary, run-off, or special election for \n Federal office.\n (B) Composition.--Any Voting Integrity Task Force \n established under paragraph (1) shall be under the \n direction of the Assistant Attorney General for the \n Civil Rights Division and the Assistant Attorney \n General for the Criminal Division, jointly.\n (e) Federal Office.--For purposes of this section, the term \n``Federal office'' means the office of President, Vice President, \npresidential elector, Member of the Senate, Member of the House of \nRepresentatives, or Delegate or Commissioner from a territory or \npossession of the United States.\n\n Passed the House of Representatives June 25, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the federal criminal code to make it unlawful for anyone before or during a federal election to knowingly communicate, or attempt to communicate, false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters. Directs the US Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act. Authorizes any person to report to the Attorney General false election information or intimidation of voters. Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that a violation has occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information. And (2) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election. Directs the Attorney General to study and report to Congress on the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. Requires the Attorney General to establish a Voting Integrity Task Force to carry out the requirements of this Act with respect to any general, primary, run-off, or special election for federal office.","title":"To amend title 18, United States Code, to prohibit certain deceptive practices in Federal elections, and for other purposes.","text_len":9745,"sum_len":1619} {"bill_id":"113_hr3448","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Cap Liquidity Reform Act of \n2014''.\n\nSEC. 2. LIQUIDITY PILOT PROGRAM FOR SECURITIES OF CERTAIN EMERGING \n GROWTH COMPANIES.\n\n (a) In General.--Section 11A(c)(6) of the Securities Exchange Act \nof 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows:\n ``(6) Liquidity Pilot Program for Securities of Certain Emerging \nGrowth Companies.--\n ``(A) Quoting increment.--Beginning on the date that is 90 \n days after the date of the enactment of the Small Cap Liquidity \n Reform Act of 2014, the securities of a covered emerging growth \n company shall be quoted using--\n ``(i) a minimum increment of $0.05; or\n ``(ii) if, not later than 60 days after such date \n of enactment, the company so elects in the manner \n described in subparagraph (D)--\n ``(I) a minimum increment of $0.10; or\n ``(II) the increment at which such \n securities would be quoted without regard to \n the minimum increments established under this \n paragraph.\n ``(B) Trading increment.--In the case of a covered emerging \n growth company the securities of which are quoted at a minimum \n increment of $0.05 or $0.10 under this paragraph, the \n Commission shall determine the increment at which the \n securities of such company are traded.\n ``(C) Future right to opt out or change minimum \n increment.--\n ``(i) In general.--At any time beginning on the \n date that is 90 days after the date of the enactment of \n the Small Cap Liquidity Reform Act of 2014, a covered \n emerging growth company the securities of which are \n quoted at a minimum increment of $0.05 or $0.10 under \n this paragraph may elect in the manner described in \n subparagraph (D)--\n ``(I) for the securities of such company to \n be quoted at the increment at which such \n securities would be quoted without regard to \n the minimum increments established under this \n paragraph; or\n ``(II) to change the minimum increment at \n which the securities of such company are quoted \n from $0.05 to $0.10 or from $0.10 to $0.05.\n ``(ii) When election effective.--An election under \n this subparagraph shall take effect on the date that is \n 30 days after such election is made.\n ``(iii) Single election to change minimum \n increment.--A covered emerging growth company may not \n make more than one election under clause (i)(II).\n ``(D) Manner of election.--\n ``(i) In general.--An election is made in the \n manner described in this subparagraph by informing the \n Commission of such election.\n ``(ii) Notification of exchanges and other trading \n venues.--Upon being informed of an election under \n clause (i), the Commission shall notify each exchange \n or other trading venue where the securities of the \n covered emerging growth company are quoted or traded.\n ``(E) Issuers ceasing to be covered emerging growth \n companies.--\n ``(i) In general.--If an issuer the securities of \n which are quoted at a minimum increment of $0.05 or \n $0.10 under this paragraph ceases to be a covered \n emerging growth company, the securities of such issuer \n shall be quoted at the increment at which such \n securities would be quoted without regard to the \n minimum increments established under this paragraph.\n ``(ii) Exceptions.--The Commission may by \n regulation, as the Commission considers appropriate, \n specify any circumstances under which an issuer shall \n continue to be considered a covered emerging growth \n company for purposes of this paragraph after the issuer \n ceases to meet the requirements of subparagraph (L)(i).\n ``(F) Securities trading below $1.--\n ``(i) Initial price.--\n ``(I) At effective date.--If the trading \n price of the securities of a covered emerging \n growth company is below $1 at the close of the \n last trading day before the date that is 90 \n days after the date of the enactment of the \n Small Cap Liquidity Reform Act of 2014, the \n securities of such company shall be quoted \n using the increment at which such securities \n would be quoted without regard to the minimum \n increments established under this paragraph.\n ``(II) At ipo.--If a covered emerging \n growth company makes an initial public offering \n after the day described in subclause (I) and \n the first share of the securities of such \n company is offered to the public at a price \n below $1, the securities of such company shall \n be quoted using the increment at which such \n securities would be quoted without regard to \n the minimum increments established under this \n paragraph.\n ``(ii) Average trading price.--If the average \n trading price of the securities of a covered emerging \n growth company falls below $1 for any 90-day period \n beginning on or after the day before the date of the \n enactment of the Small Cap Liquidity Reform Act of \n 2014, the securities of such company shall, after the \n end of such period, be quoted using the increment at \n which such securities would be quoted without regard to \n the minimum increments established under this \n paragraph.\n ``(G) Fraud or manipulation.--If the Commission determines \n that a covered emerging growth company has violated any \n provision of the securities laws prohibiting fraudulent, \n manipulative, or deceptive acts or practices, the securities of \n such company shall, after the date of the determination, be \n quoted using the increment at which such securities would be \n quoted without regard to the minimum increments established \n under this paragraph.\n ``(H) Ineligibility for increased minimum increment \n permanent.--The securities of an issuer may not be quoted at a \n minimum increment of $0.05 or $0.10 under this paragraph at any \n time after--\n ``(i) such issuer makes an election under \n subparagraph (A)(ii)(II);\n ``(ii) such issuer makes an election under \n subparagraph (C)(i)(I), except during the period before \n such election takes effect; or\n ``(iii) the securities of such issuer are required \n by this paragraph to be quoted using the increment at \n which such securities would be quoted without regard to \n the minimum increments established under this \n paragraph.\n ``(I) Additional reports and disclosures.--The Commission \n shall require a covered emerging growth company the securities \n of which are quoted at a minimum increment of $0.05 or $0.10 \n under this paragraph to make such reports and disclosures as \n the Commission considers necessary or appropriate in the public \n interest or for the protection of investors.\n ``(J) Limitation of liability.--An issuer (or any officer, \n director, manager, or other agent of such issuer) shall not be \n liable to any person (other than such issuer) under any law or \n regulation of the United States, any constitution, law, or \n regulation of any State or political subdivision thereof, or \n any contract or other legally enforceable agreement (including \n any arbitration agreement) for any losses caused solely by the \n quoting of the securities of such issuer at a minimum increment \n of $0.05 or $0.10, by the trading of such securities at the \n increment determined by the Commission under subparagraph (B), \n or by both such quoting and trading, as provided in this \n paragraph.\n ``(K) Report to congress.--Not later than 6 months after \n the date of the enactment of the Small Cap Liquidity Reform Act \n of 2014, and every 6 months thereafter, the Commission, in \n coordination with each exchange on which the securities of \n covered emerging growth companies are quoted or traded, shall \n submit to Congress a report on the quoting and trading of \n securities in increments permitted by this paragraph and the \n extent to which such quoting and trading are increasing \n liquidity and active trading by incentivizing capital \n commitment, research coverage, and brokerage support, together \n with any legislative recommendations the Commission may have.\n ``(L) Definitions.--In this paragraph:\n ``(i) Covered emerging growth company.--The term \n `covered emerging growth company' means an emerging \n growth company, as defined in the first paragraph (80) \n of section 3(a), except that--\n ``(I) such paragraph shall be applied by \n substituting `$750,000,000' for \n `$1,000,000,000' each place it appears; and\n ``(II) subparagraphs (B), (C), and (D) of \n such paragraph do not apply.\n ``(ii) Security.--The term `security' means an \n equity security.\n ``(M) Savings provision.--Notwithstanding any other \n provision of this paragraph, the Commission may--\n ``(i) make such adjustments to the pilot program \n specified in this paragraph as the Commission considers \n necessary or appropriate to ensure that such program \n can provide statistically meaningful or reliable \n results, including adjustments to eliminate selection \n bias among participants, expand the number of \n participants eligible to participate in such program, \n and change the duration of such program for one or more \n participants; and\n ``(ii) conduct any other study or pilot program, in \n conjunction with or separate from the pilot program \n specified in this paragraph (as such program may be \n adjusted pursuant to clause (i)), to evaluate quoting \n or trading in various minimum increments.''.\n (b) Sunset.--Effective on the date that is 5 years after the date \nof the enactment of this Act, section 11A(c)(6) of the Securities \nExchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is repealed.\n\n Passed the House of Representatives February 11, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization. Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded. Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations. Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment . Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded. Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act. Prescribes pricing and trading procedures governing securities trading below $1.00. Directs the SEC to require an EGC under this Act to submit additional reports and disclosures. Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading. Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments. Sunsets the pilot program five years after enactment of this Act.","title":"Small Cap Liquidity Reform Act of 2014","text_len":12191,"sum_len":2489} {"bill_id":"111_s418","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Secondary Metal \nTheft Prevention Act of 2009''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Sense of the Congress.\nSec. 4. Purposes.\nSec. 5. Purchase transaction requirements.\nSec. 6. Protection of personal information.\nSec. 7. Enforcement by Federal Trade Commission.\nSec. 8. Enforcement by State Attorneys General.\nSec. 9. Civil penalty.\nSec. 10. State and local law not preempted.\nSec. 11. Definitions.\nSec. 12. Effective date.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Since 2006, metal theft has been on the rise, largely \n due to a surge in the global demand for scrap metal and a \n historic increase in the price of metal commodities.\n (2) Theft of metal components is jeopardizing the integrity \n of critical infrastructure in the United States through theft \n of metal in transportation, electrical, and telecommunications \n networks.\n (3) Theft of manhole covers, storm water grates, highway \n guard rails, railroad tracks, automobile components, and street \n lamps pose a significant public safety risk.\n (4) Many State laws call on secondary metal recyclers to \n help deter this crime and assist law enforcement by documenting \n transactions and collecting information in order to identify \n the sellers of scrap metal and the material they are selling. \n These laws have been a significant deterrent to the problem of \n metal theft.\n (5) Although many States have enacted metal theft laws, \n metal theft is a nationwide crime that crosses state lines.\n (6) An overarching Federal law is necessary to deter metal \n theft across the country.\n (7) Combating the problem of metal theft will require \n improved communications between metal businesses and law \n enforcement agencies.\n (8) The secondary metal recycling industry should be \n commended for educating the public and law enforcement to the \n problems related to metal theft, issuing ``Do Not Buy'' lists, \n partnering with the National Crime Prevention Council, and \n creating a Theft Alert System.\n\nSEC. 3. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that Federal, State, and local \ngovernment agencies should work with representatives of the secondary \nmetal recycling industry to develop and improve effective \ncountermeasures to combat the theft and sale of stolen secondary metal.\n\nSEC. 4. PURPOSES.\n\n The purposes of this Act are--\n (1) to protect consumers, businesses, critical \n infrastructure, and State and local governments from the \n problem of secondary metal theft;\n (2) to regulate interstate commerce by limiting trafficking \n in stolen secondary metal sold for the purpose of recycling or \n reuse;\n (3) to permit legitimate secondary metal transactions to \n continue to take place; and\n (4) to establish a system to document secondary metal \n transactions between sellers and buyers while addressing the \n growing problem of secondary metal theft.\n\nSEC. 5. PURCHASE TRANSACTION REQUIREMENTS.\n\n (a) Do-not-buy List.--Unless the seller establishes by written \ndocumentation that the seller is the owner, or an employee, agent, or \nother person authorized to sell on behalf of the owner, it is unlawful \nfor a secondary metal recycling agent to purchase for recycling any \nsecondary metal that is--\n (1) marked with name, logo, or initials of a railroad, an \n electric, gas, or water company, a telephone company, cable \n company, or a public utility or that has been altered to \n remove, conceal, or obliterate such a name, logo, or initials \n through burning or cutting of wire sheathing or other means;\n (2) marked with the name of a city, county, or State \n government entity;\n (3) a street light pole or fixture;\n (4) a road or bridge guard rail;\n (5) a highway or street sign;\n (6) a water meter cover;\n (7) a storm water grate;\n (8) unused or undamaged building construction or utility \n material;\n (9) an historical marker;\n (10) a grave marker or cemetery urn or vase;\n (11) a utility access cover; or\n (12) a bulk container for beer with a capacity of 7.75 \n gallons or more.\n (b) Record Keeping.--\n (1) In general.--A secondary metal recycling agent shall \n maintain a written or electronic record of each secondary metal \n purchase. The record shall include--\n (A) the agent's name and address;\n (B) the date of the transaction;\n (C) a description of the secondary metal purchased, \n including--\n (i) a general physical description;\n (ii) a product description, such as wire, \n tubing, extrusions, casting, or other kind of \n product; and\n (iii) the weight, quantity, or volume \n purchased;\n (D) the amount paid by the agent;\n (E) the name and address of the person to which the \n payment was made;\n (F) the name of the person delivering the secondary \n metal to the agent, including a distinctive number from \n a Federal or State government-issued photo \n identification card and a description of the type of \n the identification; and\n (G) the license tag number, State-of-issue, make, \n and model, if available, of the vehicle used to deliver \n the secondary metal to the agent.\n (2) Repeat sellers.--A secondary metal recycling agent may \n comply with the requirements of paragraph (1) with respect to \n the second or a subsequent purchase of secondary metal from the \n same person by--\n (A) reference to the existing record relating to \n the seller; and\n (B) recording any information for the transaction \n that is different from the existing record for that \n person.\n (3) Record retention period.--A secondary metal recycling \n agent shall maintain any record required by this subsection for \n not less than 2 years from the date of the transaction to which \n the record relates.\n (c) Purchases in Excess of $75.--\n (1) In general.--A secondary metal recycling agent may not \n pay cash for a single purchase of secondary metal in excess of \n $75. For purposes of this paragraph, more than 1 purchase in \n any 48-hour period from the same seller shall be considered to \n be a single purchase.\n (2) Payment method.--\n (A) Occasional sellers.--Except as provided in \n subparagraph (B), for any purchase of secondary metal \n in excess of $75 a secondary metal recycling agent \n shall make payment by check that--\n (i) is payable to the seller; and\n (ii) includes the name and address of the \n seller.\n (B) Established commercial transactions.--A \n secondary metal recycling agent may make payments for \n purchases of secondary metal in excess of $75 from a \n governmental or commercial supplier of secondary metal \n with which the agent has an established commercial \n relationship by electronic funds transfer or other \n established commercial transaction payment method \n through a commercial bank if the agent maintains a \n written record of such payments that identifies the \n seller, the amount paid, and the date of the purchase.\n (d) Public Notice Requirement.--A secondary metal recycling agent \nshall display, at its principal place of business and at any site at \nwhich secondary metal is accepted by or for the agent, a printed notice \nadvising the public that the sale of stolen secondary metal is \nprohibited under Federal and State laws.\n\nSEC. 6. PROTECTION OF PERSONAL INFORMATION.\n\n (a) In General.--A secondary metal recycling agent or the agent, \nemployee, or representative of a secondary metal recycling agent may \nnot disclose the identity of any person from which the agent purchases \nsecondary metal without the consent of the seller except in response to \na request from a law enforcement agency or judicial process.\n (b) Safeguards.--A secondary metal recycling agent shall implement \nreasonable safeguards--\n (1) to protect the security of information required under \n section 5(b)(1) maintained by that agent; and\n (2) to prevent unauthorized access to or disclosure of that \n information.\n (c) Limits on Liability.--A secondary metal recycling agency shall \nnot be liable to any seller for a disclosure of information required \nunder section 5(b)(1) if the secondary metal recycling agent has met \nthe requirements of subsection (b) of this section.\n\nSEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION.\n\n (a) In General.--Violation of any provision of this Act shall be \ntreated as a violation of a rule under section 18 of the Federal Trade \nCommission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or \npractices. The Federal Trade Commission shall enforce this Act in the \nsame manner, by the same means, and with the same jurisdiction, powers, \nand duties as though all applicable terms and provisions of the Federal \nTrade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and \nmade a part of this Act.\n (b) Regulations.--\n (1) In general.--The Commission may promulgate such \n regulations as it finds necessary or appropriate under this \n Act.\n (2) Initial guidance.--Within 6 months after the date of \n enactment of this Act, the Commission shall promulgate a final \n rule--\n (A) setting forth the minimum requirements for the \n documentation required by section 5(a);\n (B) establishing criteria for record retention \n under section 5(b)(3);\n (C) establishing requirements for treatment of a \n seller as a governmental or commercial supplier with an \n established commercial relationship under section \n 5(c)(2)(B);\n (D) establishing public notice requirements under \n section 5(d); and\n (E) establishing criteria for safeguards under \n section 6(b).\n\nSEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.\n\n (a) In General.--A State, as parens patriae, may bring a civil \naction on behalf of its residents in an appropriate district court of \nthe United States to enforce the provisions of this Act whenever the \nattorney general of the State has reason to believe that the interests \nof the residents of the State have been or are being threatened or \nadversely affected by the violation of this Act or a regulation under \nthis Act by a secondary metal recycling agent doing business in that \nState.\n (b) Notice.--\n (1) Notice required.--At least 30 days before filing an \n action under subsection (a), the attorney general of the State \n involved shall provide to the Federal Trade Commission--\n (A) written notice of the action; and\n (B) a copy of the complaint for the action.\n (2) Authorization to proceed.--The State may bring the \n action if it does not receive a request from the Federal Trade \n Commission, within 30 days after the Commission receives the \n notice, not to proceed with its action.\n (c) Federal Proceedings.--After receiving notice under subsection \n(b), the Commission may--\n (1) request that the State not proceed with the action \n pending the final disposition of a pending Federal proceeding \n or action;\n (2) initiate an action in the appropriate United States \n district court and move to consolidate all pending actions, \n including State actions, in such court;\n (3) intervene in the action brought under subsection (a); \n or\n (4) file petitions for appeal of a decision in such action.\n (c) Pending Federal Proceedings.--If the Federal Trade Commission \nhas instituted an enforcement action against a secondary metal \nrecycling agent for a violation of this Act or any regulation under \nthis Act, a State may not bring an action, during the pendency of the \nCommission's enforcement action, under this section against that \nsecondary metal recycling agent for any violation alleged in the \nCommission's enforcement action.\n (d) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this section regarding notification shall be \nconstrued to prevent the attorney general of a State from exercising \nthe powers conferred on such attorney general by the laws of that State \nto--\n (1) conduct investigations;\n (2) administer oaths or affirmations; or\n (3) compel the attendance of witnesses or the production of \n documentary and other evidence.\n (e) Venue; Service of Process.--\n (1) Venue.--Any action brought under subsection (a) may be \n brought in--\n (A) the district court of the United States that \n meets applicable requirements relating to venue under \n section 1391 of title 28, United States Code; or\n (B) another court of competent jurisdiction.\n (2) Service of process.--In an action brought under \n subsection (a), process may be served in any district in which \n the defendant--\n (A) is an inhabitant; or\n (B) may be found.\n\nSEC. 9. CIVIL PENALTY.\n\n The knowing violation of any provision of this Act is punishable by \na civil penalty of not to exceed $10,000.\n\nSEC. 10. STATE AND LOCAL LAW NOT PREEMPTED.\n\n Nothing in this Act preempts any State or local law regulating the \nsale or purchase of secondary metal.\n\nSEC. 11. DEFINITIONS.\n\n In this Act:\n (1) Secondary metal.--The term ``secondary metal'' means--\n (A) wire or cable commonly used by communications \n and electrical utilities; and\n (B) copper, aluminum, or other metal (including any \n metal combined with other materials) that is valuable \n for recycling or reuse as raw metal.\n (2) Secondary metal recycling agent.--The term ``secondary \n metal recycling agent'' means any person engaged in the \n business of purchasing secondary metal for reuse or recycling, \n without regard to whether that person is engaged in the \n business of recycling or otherwise processing the purchased \n secondary metal for reuse.\n\nSEC. 12. EFFECTIVE DATE.\n\n Except as required by section 7(b)(2), this Act shall take effect 6 \nmonths after the date of enactment.","summary":"Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines secondary metal as: (1) wire or cable commonly used by communications and electrical utilities. And (2) copper, aluminum, or other metal that is valuable for recycling or reuse as raw metal. Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government, (2) highway or street poles, fixtures, rails, or signs, (3) unused or undamaged building construction or utility material, (4) historical markers or grave markers. And (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations. Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.","title":"A bill to require secondary metal recycling agents to keep records of their transactions in order to deter individuals and enterprises engaged in the theft and interstate sale of stolen secondary metal, and for other purposes.","text_len":15839,"sum_len":1410} {"bill_id":"113_hr2689","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Savings Through Public-\nPrivate Partnerships Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Private sector funding and expertise can help address \n the energy efficiency challenges facing the United States.\n (2) The Federal Government spends more than $6 billion \n annually in energy costs.\n (3) Reducing Federal energy costs can help save money, \n create jobs, and reduce waste.\n (4) Energy savings performance contracts and utility energy \n service contracts are tools for utilizing private sector \n investment to upgrade Federal facilities without any up-front \n cost to the taxpayer.\n (5) Performance contracting is a way to retrofit Federal \n buildings using private sector investment in the absence of \n appropriated dollars.\n (6) Retrofits that reduce energy use also improve \n infrastructure, protect national security, and cut facility \n operations and maintenance costs.\n\nSEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL \n BUILDINGS.\n\n (a) Energy Management Requirements.--Section 543(f)(4) of the \nNational Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is \namended--\n (1) by redesignating subparagraphs (A) and (B) as clauses \n (i) and (ii), respectively and by moving the margins 2 ems to \n the right;\n (2) by striking ``Not later than'' and inserting the \n following:\n ``(A) In general.--Not later than''; and\n (3) by adding at the end the following new subparagraph:\n ``(B) Measures not implemented.--Each energy \n manager, as part of the certification system under \n paragraph (7) and using guidelines developed by the \n Secretary, shall provide an explanation regarding any \n life-cycle cost-effective measures described in \n subparagraph (A)(i) that have not been implemented.''.\n (b) Reports.--Section 548(b) of the National Energy Conservation \nPolicy Act (42 U.S.C. 8258(b)) is amended--\n (1) in paragraph (3), by striking ``and'' at the end;\n (2) in paragraph (4), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(5) the status of each agency's energy savings \n performance contracts and utility energy service contracts, the \n investment value of such contracts, the guaranteed energy \n savings for the previous year as compared to the actual energy \n savings for the previous year, the plan for entering into such \n contracts in the coming year, and information explaining why \n any previously submitted plans for such contracts were not \n implemented.''.\n (c) Federal Energy Management Definitions.--Section 551(4) of the \nNational Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended \nby striking ``or retrofit activities'' and inserting ``retrofit \nactivities, or energy consuming devices and required support \nstructures''.\n (d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the \nNational Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is \namended--\n (1) in clause (i), by striking ``or'' at the end;\n (2) in clause (ii), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following new clause:\n ``(iii) limit the recognition of operation \n and maintenance savings associated with systems \n modernized or replaced with the implementation \n of energy conservation measures, water \n conservation measures, or any series of energy \n conservation measures and water conservation \n measures.''.\n (e) Miscellaneous Authority.--Section 801(a)(2) of the National \nEnergy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding \nat the end the following:\n ``(H) Miscellaneous authority.--Notwithstanding any \n other provision of law, a Federal agency may sell or \n transfer energy savings and apply the proceeds of such \n sale or transfer to fund a contract under this \n title.''.\n (f) Payment of Costs.--Section 802 of the National Energy \nConservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and \nrelated operation and maintenance expenses)'' and inserting ``, \nincluding related operations and maintenance expenses''.\n (g) Energy Savings Performance Contracts Definitions.--Section \n804(2) of the National Energy Conservation Policy Act (42 U.S.C. \n8287c(2)) is amended--\n (1) in subparagraph (A), by striking ``federally owned \n building or buildings or other federally owned facilities'' and \n inserting ``Federal building (as defined in section 551 (42 \n U.S.C. 8259))'' each place it appears;\n (2) in subparagraph (C) , by striking ``; and'' and \n inserting a semicolon;\n (3) in subparagraph (D), by striking the period at the end \n and inserting a semicolon; and\n (4) by adding at the end the following new subparagraphs:\n ``(E) the use, sale, or transfer of energy \n incentives, rebates, or credits (including renewable \n energy credits) from Federal, State, or local \n governments or utilities; and\n ``(F) any revenue generated from a reduction in \n energy or water use, more efficient waste recycling, or \n additional energy generated from more efficient \n equipment.''.\n ","summary":"Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures . Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits from federal, state, or local governments or utilities. And (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.","title":"Energy Savings Through Public-Private Partnerships Act of 2014","text_len":6068,"sum_len":1461} {"bill_id":"111_hr5093","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Space to Schools Act of 2010''.\n\nSEC. 2. PROGRAM.\n\n (a) Purpose.--The Secretary of Education may carry out a program \n(in this Act referred to as the ``Program'') to--\n (1) encourage highly skilled retiring or displaced \n aerospace professionals with backgrounds in science, \n technology, engineering, or mathematics to pursue careers as \n elementary, secondary, or vocational school teachers; and\n (2) promote science, technology, engineering, and \n mathematics (STEM) education in kindergarten through grade 12 \n by encouraging aerospace professionals to pursue careers in \n teaching.\n (b) Eligibility.--\n (1) Eligible individuals.--An individual who is eligible to \n participate in the Program is an individual--\n (A) who is a former employee of the National \n Aeronautics and Space Administration, its suppliers, or \n a related contractor; and\n (B) who has relevant work experience in the \n aerospace industry.\n (2) School eligibility.--An eligible local education \n agency, charter school, or vocational school may receive \n Program participants.\n (c) Submission of Applications.--\n (1) Form and submission.--Selection of eligible individuals \n to participate in the Program shall be made on the basis of \n applications submitted to the Secretary of Education within the \n time periods specified in paragraph (2). An application shall \n be in such form and contain such information as the Secretary \n may require.\n (2) Time for submission.--An application shall be \n considered to be submitted on a timely basis if it submitted \n not later than 4 years after the date on which the individual \n is retired, separated, or released from employment in the \n aerospace industry.\n (d) Selection Criteria.--\n (1) Establishment.--Subject to paragraphs (2) and (3), the \n Secretary shall prescribe the criteria to be used to select \n eligible individuals to participate in the Program.\n (2) Educational background.--\n (A) Elementary or secondary school teacher.--If an \n applicant is applying for assistance for placement as \n an elementary or secondary school teacher, the \n Secretary shall require the applicant to have received \n a baccalaureate or advanced degree from an accredited \n institution of higher education in a science, \n technology, engineering, or mathematics field.\n (B) Vocational or technical teacher.--If an \n applicant for assistance for placement as vocational or \n technical teacher, the Secretary shall require the \n applicant to have--\n (i) received an associate degree, \n postsecondary training, or related \n certification obtained through service in the \n Armed Forces;\n (ii) have 6 or more years of work \n experience in a vocational or technical field; \n or\n (iii) otherwise meet the certification or \n licensing requirements for a vocational or \n technical teacher in the State in which the \n applicant seeks assistance for placement under \n the Program.\n (3) Termination of employment.--An applicant who was \n terminated from previous employment for cause shall be \n ineligible to participate in the Program.\n (e) Participation Agreement.--\n (1) In general.--An eligible individual selected to \n participate in the Program and receive financial assistance \n under this section shall be required to enter into an agreement \n with the Secretary in which the participant agrees--\n (A) within such time as the Secretary may require, \n to obtain certification or licensing as an elementary, \n secondary, vocational, or technical school teacher, and \n to become a highly qualified teacher; and\n (B) to accept an offer of full-time employment as \n an elementary, secondary, vocational, or technical \n school teacher for not less than 3 school years and \n commit to teaching in the subjects of science, \n technology, engineering, or mathematics with an \n eligible local educational agency, charter school, or \n vocational school to begin the school year after \n obtaining such certification or licensing.\n (2) Waiver.--The Secretary may waive the 3-year commitment \n described in paragraph (1)(B) for a participant if the \n Secretary determined such waiver to be appropriate.\n (3) Stipends for participants.--\n (A) Stipend authorized.--The Secretary may pay to a \n participant in the Program a stipend in an amount of \n not more than $5,000 to be used towards obtaining \n licensing or certification for elementary or secondary \n teaching or vocational teaching programs.\n (B) Stipend bonus.--The Secretary, in lieu of \n paying a stipend under subparagraph (A), may pay a \n bonus of $10,000 to a participant in the Program who \n agrees in the participation agreement to become a \n highly qualified teacher and accept full-time \n employment as an elementary, secondary, vocational, or \n technical teacher for not less than 3 years in a high-\n need school and teach in the subject area of science, \n technology, engineering, or mathematics.\n (f) Reimbursement Under Certain Circumstances.--\n (1) Reimbursement required.--A participant in the Program \n who is paid a stipend or bonus under this section shall be \n required to repay the stipend or bonus under the following \n circumstances:\n (A) Failure to obtain qualifications or \n employment.--The participant fails to obtain teacher \n certification or licensing, to become a highly \n qualified teacher, or to obtain employment as an \n elementary school teacher, secondary school teacher, or \n vocational or technical teacher as required by the \n participation agreement under subsection (e).\n (B) Termination of employment.--The participant \n voluntarily leaves, or is terminated for cause from, \n employment as an elementary school teacher, secondary \n school teacher, or vocational or technical teacher \n during the 3 years of required service in violation of \n the participation agreement.\n (2) Amount of reimbursement.--A participant required to \n reimburse the Secretary for a stipend or bonus paid to the \n participant under this section shall pay an amount that bears \n the same ratio to the amount of the stipend or bonus as the \n unserved portion of required service bears to the 3 years of \n required service. Any amount owed by the participant shall bear \n interest at the rate equal to the highest rate being paid by \n the United States on the day on which the reimbursement is \n determined to be due for securities having maturities of 90 \n days or less and shall accrue from the day on which the \n participant is first notified of the amount due.\n (3) Treatment of obligation.--The obligation to reimburse \n the Secretary under this subsection is, for all purposes, a \n debt owing the United States. A discharge in bankruptcy under \n title 11, United States Code, shall not release a participant \n from the obligation to reimburse the Secretary under this \n subsection.\n (g) Advisory Board.--\n (1) No later than 120 days after enactment of this Act, the \n Secretary shall establish an Advisory Board whose duties \n include--\n (A) collecting, considering, and disseminating \n feedback from participants, State educational agencies, \n local educational agencies, charter schools, and \n vocational schools on best practices for recruitment of \n eligible individuals to participate in the Program;\n (B) ensuring elementary schools, secondary schools, \n and vocational schools are aware of the Program and how \n to participate in it;\n (C) developing guidelines to help individuals \n selected to participate in the Program identify and \n enroll in licensing or certification training for \n elementary or secondary education teaching or \n vocational teaching programs; and\n (D) coordinating the goals of the Program with \n other Federal, State, and local education needs.\n (2) No later than 1 year after the date of enactment of \n this Act, and annually thereafter, prepare and submit a report \n to the Committee on Education and Labor of the House of \n Representatives and the Committee on Health, Education, Labor, \n and Pensions of the Senate, which shall include--\n (A) information with respect to the activities of \n the Advisory Board;\n (B) information with respect to the Program, \n including--\n (i) the number of participants in the \n Program;\n (ii) the number of States participating in \n the Program;\n (iii) the local educational agencies and \n schools where participants are employed;\n (iv) the grade levels at which the \n participants teach;\n (v) the academic subjects taught by \n participants;\n (vi) the hours of clinical and classroom \n time participants completed during the \n certification or licensing required for \n participation in the Program;\n (vii) a review of the stipend and bonus \n available to participants; and\n (viii) other demographic information as may \n be necessary to evaluate the effectiveness of \n the Program; and\n (C) recommendations for improvements and other \n necessary changes to ensure that the Program is meeting \n the purpose as described in subsection (a).\n (h) Definitions.--In this Act:\n (1) In general.--The terms ``elementary school'', ``highly \n qualified''; ``local educational agency'', ``secondary \n school'', ``State educational agency'', and ``State'' have the \n meaning given the terms in section 9101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7801).\n (2) Charter school.--The term ``charter school'' has the \n meaning given such term in section 5210 of the Elementary and \n Secondary Act of 1965 (20 U.S.C. 7221i).\n (3) Eligible local educational agency.--The term ``eligible \n local educational agency'' means a local educational agency \n receiving funding under part A of title I of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).\n (4) High-need school.--The term ``high-need school'' means \n an elementary school, secondary school, or vocational school \n under the jurisdiction of an eligible local educational agency, \n or a charter school, or vocational school, where at least 50 \n percent of the students enrolled in the school are--\n (A) in poverty counted in the most recent census \n data approved by the Secretary;\n (B) eligible for free and reduced priced lunches \n under the Richard B. Russell National School Lunch Act \n (42 U.S.C. 1751 et seq.);\n (C) in families receiving assistance under the \n State program funded under part A of title IV of the \n Social Security Act (42 U.S.C. 601 et seq.); or\n (D) eligible to receive medical assistance under \n the State Medicaid program under title XIX of the \n Social Security Act (42 U.S.C. 1396 et seq.).\n (5) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 101 of the Higher Education Act of 1965 (20 \n U.S.C. 1001).\n (6) Vocational school.--The term ``vocational school'' \n means--\n (A) a specialized public secondary school used \n exclusively or principally for the provision of \n vocational and technical education to individuals who \n are available for study in preparation for entering the \n labor market; or\n (B) the department or division of an institution of \n higher education that provides vocational and technical \n education in not fewer than five different occupational \n fields leading to immediate employment but not \n necessarily leading to a baccalaureate degree.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (i) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated \n $20,000,000 to carry out this Act for fiscal year 2011 and each \n of fiscal years 2012 through 2014.\n (2) No fiscal year limitation on funding.--Funds \n appropriated under paragraph (1) shall remain available until \n expended.","summary":"Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers. Sets forth educational background requirements for program participants. Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher. And (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing. Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing. Or (2) a larger bonus if they agree to perform their service in high-need schools. Requires the Secretary to establish an Advisory Board to oversee the program.","title":"To authorize the Secretary of Education to establish a program for displaced aerospace professionals to become certified elementary, secondary, or vocational school teachers.","text_len":14810,"sum_len":1213} {"bill_id":"114_hr5879","text":"SECTION 1. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR \n POWER FACILITIES.\n\n (a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) of \nthe Internal Revenue Code of 1986 is amended--\n (1) in paragraph (4), by inserting ``or any amendment to'' \n after ``enactment of'', and\n (2) by adding at the end the following new paragraph:\n ``(5) Allocation of unutilized limitation.--\n ``(A) In general.--Any unutilized national megawatt \n capacity limitation shall be allocated by the Secretary \n under paragraph (3) as rapidly as is practicable after \n December 31, 2020--\n ``(i) first to facilities placed in service \n on or before such date to the extent that such \n facilities did not receive an allocation equal \n to their full nameplate capacity, and\n ``(ii) then to facilities placed in service \n after such date in the order in which such \n facilities are placed in service.\n ``(B) Unutilized national megawatt capacity \n limitation.--The term `unutilized national megawatt \n capacity limitation' means the excess (if any) of--\n ``(i) 6,000 megawatts, over\n ``(ii) the aggregate amount of national \n megawatt capacity limitation allocated by the \n Secretary before January 1, 2021, reduced by \n any amount of such limitation which was \n allocated to a facility which was not placed in \n service before such date.\n ``(C) Coordination with other provisions.--In the \n case of any unutilized national megawatt capacity \n limitation allocated by the Secretary pursuant to this \n paragraph--\n ``(i) such allocation shall be treated for \n purposes of this section in the same manner as \n an allocation of national megawatt capacity \n limitation, and\n ``(ii) subsection (d)(1)(B) shall not apply \n to any facility which receives such \n allocation.''.\n (b) Transfer of Credit by Certain Public Entities.--\n (1) In general.--Section 45J of such Code is amended--\n (A) by redesignating subsection (e) as subsection \n (f), and\n (B) by inserting after subsection (d) the following \n new subsection:\n ``(e) Transfer of Credit by Certain Public Entities.--\n ``(1) In general.--If, with respect to a credit under \n subsection (a) for any taxable year--\n ``(A) the taxpayer would be a qualified public \n entity, and\n ``(B) such entity elects the application of this \n paragraph for such taxable year with respect to all (or \n any portion specified in such election) of such credit,\n the eligible project partner specified in such election (and \n not the qualified public entity) shall be treated as the \n taxpayer for purposes of this title with respect to such credit \n (or such portion thereof).\n ``(2) Definitions.--For purposes of this subsection--\n ``(A) Qualified public entity.--The term `qualified \n public entity' means--\n ``(i) a Federal, State, or local government \n entity, or any political subdivision, agency, \n or instrumentality thereof,\n ``(ii) a mutual or cooperative electric \n company described in section 501(c)(12) or \n section 1381(a)(2), or\n ``(iii) a not-for-profit electric utility \n which has or had received a loan or loan \n guarantee under the Rural Electrification Act \n of 1936.\n ``(B) Eligible project partner.--The term `eligible \n project partner' means--\n ``(i) any person responsible for, or \n participating in, the design or construction of \n the advanced nuclear power facility to which \n the credit under subsection (a) relates,\n ``(ii) any person who participates in the \n provision of the nuclear steam supply system to \n the advanced nuclear power facility to which \n the credit under subsection (a) relates,\n ``(iii) any person who participates in the \n provision of nuclear fuel to the advanced \n nuclear power facility to which the credit \n under subsection (a) relates, or\n ``(iv) any person who has an ownership \n interest in such facility.\n ``(3) Special rules.--\n ``(A) Application to partnerships.--In the case of \n a credit under subsection (a) which is determined at \n the partnership level--\n ``(i) for purposes of paragraph (1)(A), a \n qualified public entity shall be treated as the \n taxpayer with respect to such entity's \n distributive share of such credit, and\n ``(ii) the term `eligible project partner' \n shall include any partner of the partnership.\n ``(B) Taxable year in which credit taken into \n account.--In the case of any credit (or portion \n thereof) with respect to which an election is made \n under paragraph (1), such credit shall be taken into \n account in the first taxable year of the eligible \n project partner ending with, or after, the qualified \n public entity's taxable year with respect to which the \n credit was determined.\n ``(C) Treatment of transfer under private use \n rules.--For purposes of section 141(b)(1), any benefit \n derived by an eligible project partner in connection \n with an election under this subsection shall not be \n taken into account as a private business use.''.\n (2) Special rule for proceeds of transfers for mutual or \n cooperative electric companies.--Section 501(c)(12) of such \n Code is amended by adding at the end the following new \n subparagraph:\n ``(I) In the case of a mutual or cooperative \n electric company described in this paragraph or an \n organization described in section 1381(a)(2), income \n received or accrued in connection with an election \n under section 45J(e)(1) shall be treated as an amount \n collected from members for the sole purpose of meeting \n losses and expenses.''.\n (c) Effective Dates.--\n (1) Treatment of unutilized limitation amounts.--The \n amendment made by subsection (a) shall take effect on the date \n of the enactment of this Act.\n (2) Transfer of credit by certain public entities.--The \n amendments made by subsection (b) shall apply to taxable years \n beginning after December 31, 2016.\n ","summary":"This bill amends the Internal Revenue Code, with respect to the tax credit for the production of electricity from advanced nuclear power facilities, to: (1) establish requirements for the allocation of unutilized portions of the national megawatt capacity limitation, and (2) allow public entities to transfer the credit to project partners. If a portion of the 6,000 national megawatt capacity limitation for the credit is unutilized after December 31, 2020, the Internal Revenue Service must allocate the unutilized capacity: (1) first to facilities that were placed in service on or before December 31, 2020, and did not receive an allocation equal to their full nameplate capacity, and (2) then to facilities placed in service after December 31, 2020, in the order in which the facilities are placed in service. The placed-in-service sunset date of January 1, 2021, does not apply to the allocations of unutilized national megawatt capacity. Qualified public entities may transfer the credit to an eligible project partner. A quot, qualified public entityquot. Is: (1) a federal, state, or local government or any political subdivision, agency, or instrumentality thereof, (2) a mutual or cooperative electric company. Or (3) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. An quot, eligible project partnerquot. Includes any person who: (1) is responsible for, or is participating in, the design or construction of the facility. (2) participates in the provision of nuclear steam or nuclear fuel to the facility, or (3) has an ownership interest in the facility.","title":"To amend the Internal Revenue Code of 1986 to modify the credit for production from advanced nuclear power facilities.","text_len":8016,"sum_len":1649} {"bill_id":"111_s1203","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Grow Research \nOpportunities With Taxcredits' Help Act'' or ``GROWTH Act''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE \n SIMPLIFIED RESEARCH CREDIT.\n\n (a) Extension of Credit.--\n (1) In general.--Subparagraph (B) of section 41(h)(1) is \n amended by striking ``December 31, 2009'' and inserting \n ``December 31, 2010''.\n (2) Conforming amendment.--Subparagraph (D) of section \n 45C(b)(1) is amended by striking ``December 31, 2009'' and \n inserting ``December 31, 2010''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to amounts paid or incurred after December 31, \n 2009.\n (b) Alternative Simplified Research Credit Increased.--\n (1) Increased credit.--Paragraph (5) of section 41(c) \n (relating to election of alternative simplified credit) is \n amended--\n (A) by striking ``14 percent (12 percent in the \n case of taxable years ending before January 1, 2009)'' \n in subparagraph (A) and inserting ``20 percent'', and\n (B) by striking ``6 percent'' in subparagraph \n (B)(ii) and inserting ``10 percent''.\n (2) Effective date.--The amendment made by this subsection \n shall apply to taxable years beginning after the date of the \n enactment of this Act.\n\nSEC. 3. MODIFICATION OF RESEARCH CREDIT AFTER 2010.\n\n (a) Simplified Credit for Qualified Research Expenses.--Subsection \n(a) of section 41 is amended to read as follows:\n ``(a) General Rule.--\n ``(1) Credit determined.--For purposes of section 38, the \n research credit determined under this section for the taxable \n year shall be an amount equal to 20 percent of so much of the \n qualified research expenses for the taxable year as exceeds 50 \n percent of the average qualified research expenses for the 3 \n taxable years preceding the taxable year for which the credit \n is being determined.\n ``(2) Special rule in case of no qualified research \n expenses in any of 3 preceding taxable years.--\n ``(A) Taxpayers to which paragraph applies.--The \n credit under this section shall be determined under \n this paragraph if the taxpayer has no qualified \n research expenses in any one of the 3 taxable years \n preceding the taxable year for which the credit is \n being determined.\n ``(B) Credit rate.--The credit determined under \n this paragraph shall be equal to 10 percent of the \n qualified research expenses for the taxable year.''.\n (b) Conforming Amendments.--\n (1) Termination of base amount calculation.--Section 41 is \n amended by striking subsection (c) and redesignating subsection \n (d) as subsection (c).\n (2) Termination of basic research payment calculation.--\n Section 41 is amended by striking subsection (e) and \n redesignating subsections (f) and (g) as subsections (d) and \n (e), respectively.\n (3) Special rules.--\n (A) Paragraph (1)(A)(ii) of subsection (d) of \n section 41, as so redesignated, is amended by striking \n ``shares of the qualified research expenses, basic \n research payments, and amounts paid or incurred to \n energy research consortiums,'' and inserting ``share of \n the qualified research expenses''.\n (B) Paragraph (1)(B)(ii) of section 41(d), as so \n redesignated, is amended by striking ``shares of the \n qualified research expenses, basic research payments, \n and amounts paid or incurred to energy research \n consortiums,'' and inserting ``share of the qualified \n research expenses''.\n (C) Paragraph (3) of section 41(d), as so \n redesignated, is amended--\n (i) by striking ``, and the gross receipts \n of the taxpayer'' and all that follows in \n subparagraph (A) and inserting a period,\n (ii) by striking ``, and the gross receipts \n of the taxpayer'' and all that follows in \n subparagraph (B) and inserting a period, and\n (iii) by striking subparagraph (C).\n (D) Paragraph (4) of section 41(d), as so \n redesignated, is amended by striking ``and gross \n receipts''.\n (E) Subsection (d) of section 41, as so \n redesignated, is amended by striking paragraph (6).\n (4) Permanent extension.--\n (A) Section 41 is amended by striking subsection \n (h).\n (B) Paragraph (1) of section 45C(b) is amended by \n striking subparagraph (D).\n (5) Cross-references.--\n (A) Paragraphs (2)(A) and (4) of section 41(b) are \n each amended by striking ``subsection (f)(1)'' and \n inserting ``subsection (d)(1)''.\n (B) Paragraph (2) of section 45C(c) is amended by \n striking ``base period research expenses'' and \n inserting ``average qualified research expenses''.\n (C) Paragraph (3) of section 45C(d) is amended by \n striking ``section 41(f)'' and inserting ``section \n 41(d)''.\n (D) Paragraph (2) of section 45G(e) is amended by \n striking ``section 41(f)'' and inserting ``section \n 41(d)''.\n (E) Subsection (g) of section 45O is amended by \n striking ``section 41(f)'' and inserting ``section \n 41(d)''.\n (F) Subparagraph (A) of section 54(l)(3) is amended \n by striking ``section 41(g)'' and inserting ``section \n 41(e)''.\n (G) Clause (i) of section 170(e)(4)(B) is amended \n to read as follows:\n ``(i) the contribution is to a qualified \n organization,''.\n (H) Paragraph (4) of section 170(e) is amended by \n adding at the end the following new subparagraph:\n ``(E) Qualified organization.--For purposes of this \n paragraph, the term `qualified organization' means--\n ``(i) any educational organization which--\n ``(I) is an institution of higher \n education (within the meaning of \n section 3304(f)), and\n ``(II) is described in subsection \n (b)(1)(A)(ii), or\n ``(ii) any organization not described in \n clause (i) which--\n ``(I) is described in section \n 501(c)(3) and is exempt from tax under \n section 501(a),\n ``(II) is organized and operated \n primarily to conduct scientific \n research, and\n ``(III) is not a private \n foundation.''.\n (I) Subsection (f) of section 197 is amended by \n striking ``section 41(f)(1)'' each place it appears in \n paragraphs (1)(C) and (9)(C)(i) and inserting ``section \n 41(d)(1)''.\n (J) Section 280C is amended--\n (i) by striking ``41(f)'' each place it \n appears in subsection (b)(3) and inserting \n ``41(d)'',\n (ii) by striking ``or basic research \n expenses (as defined in section 41(e)(2))'' in \n subsection (c)(1),\n (iii) by striking ``section 41(a)(1)'' in \n subsection (c)(2)(A) and inserting ``section \n 41(a)'', and\n (iv) by striking ``or basic research \n expenses'' in subsection (c)(2)(B).\n (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is \n amended by striking ``section 41(f)'' and inserting \n ``section 41(d)''.\n (L) Subparagraph (D) of section 936(j)(5) is \n amended by striking ``section 41(f)(3)'' and inserting \n ``section 41(d)(3)''.\n (M) Clause (i) of section 965(c)(2)(C) is amended \n by striking ``section 41(f)(3)'' and inserting \n ``section 41(d)(3)''.\n (N) Clause (i) of section 1400N(l)(7)(B) is amended \n by striking ``section 41(g)'' and inserting ``section \n 41(e)''.\n (c) Technical Corrections.--Section 409 is amended--\n (1) by inserting ``, as in effect before the enactment of \n the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in \n subsection (b)(1)(A),\n (2) by inserting ``, as in effect before the enactment of \n the Tax Reform Act of 1984'' after ``relating to the employee \n stock ownership credit'' in subsection (b)(4),\n (3) by inserting ``(as in effect before the enactment of \n the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in \n subsection (i)(1)(A),\n (4) by inserting ``(as in effect before the enactment of \n the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in \n subsection (m),\n (5) by inserting ``(as so in effect)'' after ``section \n 48(n)(1)'' in subsection (m),\n (6) by inserting ``(as in effect before the enactment of \n the Tax Reform Act of 1984)'' after ``section 48(n)'' in \n subsection (q)(1), and\n (7) by inserting ``(as in effect before the enactment of \n the Tax Reform Act of 1984)'' after ``section 41'' in \n subsection (q)(3).\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 2010.\n (2) Technical corrections.--The amendments made by \n subsection (c) shall take effect on the date of the enactment \n of this Act.","summary":"Grow Research Opportunities With Taxcredits' Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) extend the tax credit for increasing research activities through 2010. (2) modify the rate of such credit and make such modified credit permanent after 2010. And (3) increase to 20 the rate of the alternative simplified research tax credit after 2010.","title":"A bill to amend the Internal Revenue Code of 1986 to extend the research credit through 2010 and to increase and make permanent the alternative simplified research credit, and for other purposes.","text_len":11341,"sum_len":362} {"bill_id":"107_hr1844","text":"SECTION 1. SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION.\n\n (a) In General.--The Elementary and Secondary Education Act of 1965 \n(20 U.S.C 6301 et seq.) is amended by adding at the end the following:\n\n ``TITLE XV--SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION\n\n``SEC. 15001. SHORT TITLE.\n\n ``This title may be cited as the `Teacher Protection Act of 2001'.\n\n``SEC. 15002. PURPOSE.\n\n ``The purpose of this title is to provide teachers, principals and \nother school professionals the tools they need to undertake reasonable \nactions to maintain order, discipline, and an appropriate educational \nenvironment.\n\n``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.\n\n ``(a) Preemption.--This title preempts the laws of any State to the \nextent that such laws are inconsistent with this title, except that \nthis title shall not preempt any State law that provides additional \nprotection from liability relating to teachers.\n ``(b) Election of State Regarding Nonapplicability.--This title \nshall not apply to any civil action in a State court against a teacher \nin which all parties are citizens of the State if such State enacts a \nstatute in accordance with State requirements for enacting \nlegislation--\n ``(1) citing the authority of this subsection;\n ``(2) declaring the election of such State that this title \n shall not apply, as of a date certain, to such civil action in \n the State; and\n ``(3) containing no other provisions.\n\n``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.\n\n ``(a) Liability Protection for Teachers.--Except as provided in \nsubsections (b) and (c), no teacher in a school shall be liable for \nharm caused by an act or omission of the teacher on behalf of the \nschool if--\n ``(1) the teacher was acting within the scope of the \n teacher's employment or responsibilities related to providing \n educational services;\n ``(2) the actions of the teacher were carried out in \n conformity with local, State, or Federal laws, rules or \n regulations in furtherance of efforts to control, discipline, \n expel, or suspend a student or maintain order or control in the \n classroom or school;\n ``(3) if appropriate or required, the teacher was properly \n licensed, certified, or authorized by the appropriate \n authorities for the activities or practice in the State in \n which the harm occurred, where the activities were or practice \n was undertaken within the scope of the teacher's \n responsibilities;\n ``(4) the harm was not caused by willful or criminal \n misconduct, gross negligence, reckless misconduct, or a \n conscious, flagrant indifference to the rights or safety of the \n individual harmed by the teacher; and\n ``(5) the harm was not caused by the teacher operating a \n motor vehicle, vessel, aircraft, or other vehicle for which the \n State requires the operator or the owner of the vehicle, craft, \n or vessel to--\n ``(A) possess an operator's license; or\n ``(B) maintain insurance.\n ``(b) Concerning Responsibility of Teachers to Schools and \nGovernmental Entities.--Nothing in this section shall be construed to \naffect any civil action brought by any school or any governmental \nentity against any teacher of such school.\n ``(c) Exceptions to Teacher Liability Protection.--If the laws of a \nState limit teacher liability subject to one or more of the following \nconditions, such conditions shall not be construed as inconsistent with \nthis section:\n ``(1) A State law that requires a school or governmental \n entity to adhere to risk management procedures, including \n mandatory training of teachers.\n ``(2) A State law that makes the school or governmental \n entity liable for the acts or omissions of its teachers to the \n same extent as an employer is liable for the acts or omissions \n of its employees.\n ``(3) A State law that makes a limitation of liability \n inapplicable if the civil action was brought by an officer of a \n State or local government pursuant to State or local law.\n ``(d) Limitation on Punitive Damages Based on the Actions of \nTeachers.--\n ``(1) General rule.--Punitive damages may not be awarded \n against a teacher in an action brought for harm based on the \n action of a teacher acting within the scope of the teacher's \n responsibilities to a school or governmental entity unless the \n claimant establishes by clear and convincing evidence that the \n harm was proximately caused by an action of such teacher which \n constitutes willful or criminal misconduct, or a conscious, \n flagrant indifference to the rights or safety of the individual \n harmed.\n ``(2) Construction.--Paragraph (1) does not create a cause \n of action for punitive damages and does not preempt or \n supersede any Federal or State law to the extent that such law \n would further limit the award of punitive damages.\n ``(e) Exceptions to Limitations on Liability.--\n ``(1) In general.--The limitations on the liability of a \n teacher under this title shall not apply to any misconduct \n that--\n ``(A) constitutes a crime of violence (as that term \n is defined in section 16 of title 18, United States \n Code) or act of international terrorism (as that term \n is defined in section 2331 of title 18, United States \n Code) for which the defendant has been convicted in any \n court;\n ``(B) involves a sexual offense, as defined by \n applicable State law, for which the defendant has been \n convicted in any court;\n ``(C) involves misconduct for which the defendant \n has been found to have violated a Federal or State \n civil rights law; or\n ``(D) where the defendant was under the influence \n (as determined pursuant to applicable State law) of \n intoxicating alcohol or any drug at the time of the \n misconduct.\n ``(2) Rule of construction.--Nothing in this subsection \n shall be construed to effect subsection (a)(3) or (d).\n\n``SEC. 15005. DEFINITIONS.\n\n ``For purposes of this title:\n ``(1) Economic loss.--The term `economic loss' means any \n pecuniary loss resulting from harm (including the loss of \n earnings or other benefits related to employment, medical \n expense loss, replacement services loss, loss due to death, \n burial costs, and loss of business or employment opportunities) \n to the extent recovery for such loss is allowed under \n applicable State law.\n ``(2) Harm.--The term `harm' includes physical, \n nonphysical, economic, and noneconomic losses.\n ``(3) Noneconomic losses.--The term `noneconomic losses' \n means losses for physical and emotional pain, suffering, \n inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of society and \n companionship, loss of consortium (other than loss of domestic \n service), hedonic damages, injury to reputation and all other \n nonpecuniary losses of any kind or nature.\n ``(4) School.--The term `school' means a public or private \n kindergarten, a public or private elementary school or \n secondary school (as defined in section 14101, or a home \n school.\n ``(5) State.--The term `State' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, the United States Virgin Islands, \n Guam, American Samoa, the Commonwealth of the Northern Mariana \n Islands, any other territory or possession of the United \n States, or any political subdivision of any such State, \n territory, or possession.\n ``(6) Teacher.--The term `teacher' means a teacher, \n instructor, principal, administrator, or other educational \n professional that works in a school, a local school board and \n any member of such board, and a local educational agency and \n any employee of such agency.''.\n (b) Effective Date.--\n (1) In general.--Title XV of the Elementary and Secondary \n Education Act of 1965, as added by subsection (a), shall take \n effect 90 days after the date of the enactment of this Act.\n (2) Application.--Title XV of the Elementary and Secondary \n Education Act of 1965, as added by subsection (a), applies to \n any claim for harm caused by an act or omission of a teacher if \n that claim is filed on or after the effective date specified in \n paragraph (1), without regard to whether the harm that is the \n subject of the claim or the conduct that caused the harm \n occurred before such effective date.","summary":"Teacher Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, School Discipline and Teacher Liability Protection. Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply. Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, and if certain other conditions are met. Limits punitive damages.","title":"To amend the Elementary and Secondary Education Act of 1965 to provide teachers, principals, and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment.","text_len":9317,"sum_len":781} {"bill_id":"106_hr4551","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Benefits for Seniors Act of \n2000''.\n\nSEC. 2. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS.\n\n (a) In General.--Paragraph (2) of section 86(a) of the Internal \nRevenue Code of 1986 (relating to social security and tier 1 railroad \nretirement benefits) is amended by adding at the end the following new \nsentence:\n ``This paragraph shall not apply to any taxable year beginning \n after December 31, 2000.''\n (b) Conforming Amendments.--\n (1) Paragraph (3) of section 871(a) of such Code is amended \n by striking ``85 percent'' in subparagraph (A) and inserting \n ``50 percent''.\n (2)(A) Subparagraph (A) of section 121(e)(1) of the Social \n Security Amendments of 1983 (Public Law 98-21) is amended--\n (i) by striking ``(A) There'' and inserting \n ``There'';\n (ii) by striking ``(i)'' immediately following \n ``amounts equivalent to''; and\n (iii) by striking ``, less (ii)'' and all that \n follows and inserting a period.\n (B) Paragraph (1) of section 121(e) of such Act is amended \n by striking subparagraph (B).\n (C) Paragraph (3) of section 121(e) of such Act is amended \n by striking subparagraph (B) and by redesignating subparagraph \n (C) as subparagraph (B).\n (D) Paragraph (2) of section 121(e) of such Act is amended \n in the first sentence by striking ``paragraph (1)(A)'' and \n inserting ``paragraph (1)''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 3. IMPROVEMENT OF CONSUMER PRICE INDEX FOR THE ELDERLY BY \n CONGRESSIONALLY APPOINTED REVIEW COMMITTEE.\n\n (a) Establishment of Consumer Price Index Review Committee.--\n (1) Establishment.--There is established a review committee \n to be known as the Consumer Price Index Review Committee (in \n this section referred to as the ``Committee'').\n (2) Membership.--The Committee shall be composed of 15 \n members jointly appointed by the leadership of the Senate and \n the House of Representatives of whom--\n (A) 11 shall be leading experts in the field of \n economics and, to the extent feasible, familiar with \n the issues related to the calculation of changes in the \n cost of living; and\n (B) 4 shall be representatives of individuals who \n have attained age 65.\n (3) Terms and vacancies.--\n (A) Terms.--A member of the Committee appointed \n under paragraph (2) shall be appointed for the duration \n of the Committee.\n (B) Vacancies.--\n (i) In general.--A vacancy on the Committee \n shall be filled in the same manner in which the \n original appointment was made and shall be \n subject to any conditions which applied with \n respect to the original appointment.\n (ii) Filling unexpired term.--An individual \n chosen to fill a vacancy shall be appointed for \n the duration of the Committee.\n (4) Initial meeting.--Not later than 30 days after the date \n on which all members of the Committee have been appointed, the \n Committee shall hold its first meeting.\n (5) Quorum.--A majority of the members of the Committee \n shall constitute a quorum, but a lesser number of members may \n hold hearings.\n (6) Chairperson and vice chairperson.--The Committee shall \n select a Chairperson and Vice Chairperson from among the \n members appointed under paragraph (2).\n (b) Duties.--\n (1) Study and development of implementation plan.--\n (A) In general.--The Committee shall conduct a \n study--\n (i) to improve the method for determining \n an index, to be known as the ``Consumer Price \n Index for the Elderly'';\n (ii) to make recommendations addressing the \n limitations of the method for determining the \n Experimental Consumer Price Index for the \n Elderly calculated by the Bureau of Labor \n Statistics to ensure that the improved index \n accurately measures changes over time in \n expenditures for consumption that are typical \n for retirees in the United States who receive \n old-age and survivors insurance benefits under \n title II of the Social Security Act (42 U.S.C. \n 401 et seq.); and\n (iii) to develop an implementation plan.\n (B) Study requirements.--The study described in \n subparagraph (A) shall include the following \n requirements:\n (i) The Consumer Price Index for the \n Elderly shall be based on an accurate market \n basket of goods and services that reflect a \n representative collection of typical purchases \n by the total retiree population in the United \nStates who receive old-age and survivors insurance benefits under title \nII of such Act.\n (ii) The Consumer Expenditure Survey used \n by the Bureau of Labor Statistics to calculate \n the Experimental Consumer Price Index for the \n Elderly shall be re-designed and expanded to \n collect expenditure patterns representative of \n such total retiree population.\n (iii) The areas and outlets priced by the \n Bureau of Labor Statistics to calculate the \n Experimental Consumer Price Index for the \n Elderly shall be modified to reflect a \n representation of the places of purchase for \n such total retiree population.\n (iv) The categories of items to be priced \n shall be selected to represent such total \n retiree population.\n (v) The prices collected shall adequately \n reflect the availability of discount prices for \n such total retiree population.\n (vi) Any other limitations otherwise found \n to affect the accuracy of the Consumer Price \n Index for the Elderly shall be removed.\n (C) Additional study.--The Committee shall also \n study the method for determining an accurate consumer \n price index for individuals who receive disability \n insurance benefits under title II of such Act.\n (2) Report.--\n (A) In general.--Subject to subparagraph (B), not \n later than 1 year after the initial meeting of the \n Committee under subsection (a)(4), the Committee shall \n submit a report to Congress on the study conducted in \n accordance with paragraph (1).\n (B) Required approval.--The Committee shall not \n submit a report under subparagraph (A) unless the \n report has the approval of at least 9 members of the \n Committee.\n (c) Powers.--\n (1) Hearings.--The Committee may hold such hearings, sit \n and act at such times and places, take such testimony, and \n receive such evidence as the Committee considers advisable to \n carry out the purposes of this section.\n (2) Information from federal agencies.--The Committee may \n secure directly from any Federal department or agency such \n information as the Committee considers necessary to carry out \n this section, including the published and unpublished data and \n analytical products of the Bureau of Labor Statistics. Upon \n request of the Chairperson of the Committee, the head of such \n department or agency shall furnish such information to the \n Committee in a timely manner.\n (3) Postal services.--The Committee may use the United \n States mails in the same manner and under the same conditions \n as other departments and agencies of the Federal Government.\n (4) Gifts.--The Committee may accept, use, and dispose of \n gifts or donations of services or property.\n (d) Personnel Matters.--\n (1) Compensation of members.--Each member of the Committee \n who is not otherwise an officer or employee of the Federal \n Government shall be compensated at a rate equal to the daily \n equivalent of the annual rate of basic pay prescribed for level \n III of the Executive Schedule under section 5315 of title 5, \n United States Code, for each day (including travel time) during \n which such member is engaged in the performance of the duties \n of the Committee. All members of the Committee who otherwise \n are officers or employees of the United States shall serve \n without compensation in addition to that received for their \n services as officers or employees of the United States.\n (2) Travel expenses.--The members of the Committee shall be \n allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in the performance of services for the Committee.\n (3) Staff.--\n (A) In general.--The Chairperson of the Committee \n may, without regard to the civil service laws and \nregulations, appoint and terminate an executive director and such other \nadditional personnel as may be necessary to enable the Committee to \nperform its duties. The employment of an executive director shall be \nsubject to confirmation by the Committee.\n (B) Compensation.--The Chairperson of the Committee \n may fix the compensation of the executive director and \n other personnel without regard to the provisions of \n chapter 51 and subchapter III of chapter 53 of title 5, \n United States Code, relating to classification of \n positions and General Schedule pay rates, except that \n the rate of pay for the executive director and other \n personnel may not exceed the rate payable for level IV \n of the Executive Schedule under section 5316 of such \n title.\n (4) Detail of government employees.--Any Federal Government \n employee may be detailed to the Committee without additional \n reimbursement (other than the employee's regular compensation), \n and such detail shall be without interruption or loss of civil \n service status or privilege.\n (5) Procurement of temporary and intermittent services.--\n The Chairperson of the Committee may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code, at rates for individuals which do not exceed the \n daily equivalent of the annual rate of basic pay prescribed for \n level V of the Executive Schedule under section 5316 of such \n title.\n (e) Termination.--The Committee shall terminate 1 year after the \ndate of the initial meeting of the Committee under subsection (a)(4).\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to the Committee such sums as are necessary to carry out \nthe purposes of this section.\n\nSEC. 4. BUREAU OF LABOR STATISTICS PILOT PROGRAM TO TEST CONSUMER PRICE \n INDEX FOR THE ELDERLY.\n\n (a) Pilot Program.--The Commissioner of the Bureau of Labor \nStatistics shall establish a pilot program to test the accuracy of an \noperational index to be recommended by the Consumer Price Index Review \nCommittee under section 3 and to be known as the ``Consumer Price Index \nfor the Elderly'', which indicates changes over time in expenditures \nfor consumption which are typical for retirees in the United States who \nreceive old-age and survivors insurance benefits under title II of the \nSocial Security Act (42 U.S.C. 401 et seq.).\n (b) Duration of Pilot Program.--The pilot program shall commence \nwith the first month that begins after the date of the submission of \nthe report under section 3(b)(2) and shall continue through December \n2003.\n\nSEC. 5. INTERIM APPLICATION OF CONSUMER PRICE INDEX FOR ALL URBAN \n CONSUMERS.\n\n For cost-of-living computation quarters (as defined in section \n215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B)) \noccurring during the period that begins on January 1, 2001, and ends \nwith the implementation of the Official Consumer Price Index for the \nElderly under section 6(b), the Commissioner of Social Security, \nnotwithstanding section 215(i) of the Social Security Act (42 U.S.C. \n415(i)) and any regulations promulgated thereunder, shall use the \nConsumer Price Index for All Urban Consumers to calculate cost-of-\nliving adjustments for benefits described in section 6(b)(1).\n\nSEC. 6. APPLICATION OF CONSUMER PRICE INDEX FOR THE ELDERLY.\n\n (a) Implementation.--\n (1) Commissioner of bureau of labor statistics.--\n (A) In general.--Subject to subparagraph (B), not \n later than the fourth year that begins after the \n Consumer Price Index Review Committee submits the \n report required under section 3(b)(2), the Commissioner \n of the Bureau of Labor Statistics shall prepare and \n publish monthly the Official Consumer Price Index for \n the Elderly based on the implementation plan and \n recommendations included in that report.\n (B) No implementation if congressional disapproval \n of committee report.--Subparagraph (A) shall not apply \n if a joint resolution is enacted, in accordance with \n paragraph (2), disapproving the report submitted by the \n Consumer Price Index Review Committee before the end of \n the 90-day period that begins on the date on which the \n Review Committee submits the report.\n (C) Exclusion of certain days.--For purposes of \n subparagraph (B) and paragraph (2), the days on which \n either House of Congress is not in session because of \n an adjournment of more than 3 days to a day certain \n shall be excluded from the computation of the period.\n (2) Congressional consideration.--\n (A) Terms of the resolution.--For purposes of \n paragraph (1)(A), the term ``joint resolution'' means \n only a joint resolution that is introduced within the \n period described in that paragraph and--\n (i) that does not have a preamble;\n (ii) the matter after the resolving clause \n of which is as follows: ``That Congress \n disapproves the report of the Consumer Price \n Index Review Committee regarding the \n implementation of the Consumer Price Index for \n the Elderly submitted on ________.'', the blank \n space being filled in with the appropriate \n date; and\n (iii) the title of which is as follows: \n ``Joint resolution disapproving the report of \n the Consumer Price Index Review Committee \n regarding the implementation of the Consumer \n Price Index for the Elderly.''.\n (B) Referral.--A resolution described in \n subparagraph (A) that is introduced--\n (i) in the House of Representatives, shall \n be referred to the Committee on Ways and Means; \n and\n (ii) in the Senate, shall be referred to \n the Committee on Finance.\n (C) Discharge.--If a committee to which a \n resolution described in subparagraph (A) is referred \n has not reported such resolution by the end of the 60-\n day period beginning on the date on which the Consumer \n Price Index Review Committee submits the report \n required under section 3(b)(2), such committee shall \n be, at the end of such period, discharged from further \n consideration of such resolution, and such resolution \n shall be placed on the appropriate calendar of the \n House involved.\n (D) Consideration.--On or after the third day after \n the date on which the committee to which a resolution \n described in subparagraph (A) has reported, or has been \n discharged from further consideration of such \n resolution, such resolution shall be considered in the \n same manner as a resolution is considered under \n subsections (d), (e), and (f) of section 2908 of the \n Defense Base Closure and Realignment Act of 1990 (10 \n U.S.C. 2687 note).\n (b) Use of Index.--For cost-of-living computation quarters (as \ndefined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. \n415(i)(1)(B))) beginning on or after January 1 of the calendar year \nthat begins after the Commissioner of the Bureau of Labor Statistics \nfirst prepares and publishes the Official Consumer Price Index for the \nElderly in accordance with subsection (a)(1), the Commissioner of \nSocial Security shall--\n (1) cease using the Consumer Price Index for All Urban \n Consumers to calculate cost-of-living adjustments for old-age \n and survivors insurance benefits payable under title II of the \n Social Security Act (42 U.S.C. 401 et seq.) to any retiree or \n individual who has attained age 62; and\n (2) notwithstanding section 215(i) of the Social Security \n Act (42 U.S.C. 415(i)) and any regulations promulgated \n thereunder, use the Official Consumer Price Index for the \n Elderly to calculate such adjustments.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Bureau of Labor Statistics such sums as are \nnecessary to carry out the purposes of this section.","summary":"Establishes the Consumer Price Index Review Committee to study and report to Congress on: (1) improved, more accurate methods for determining a Consumer Price Index for the Elderly to ensure that the improved index accurately measures changes in expenditures for consumption typical for retirees who receive Old-Age and Survivors Insurance benefits under title II of the Social Security Act (SSA), as well as an index implementation plan. And (2) an accurate consumer price index for individuals who receive SSA title II disability insurance benefits. Authorizes appropriations. Directs the Commissioner of the Bureau of Labor Statistics to establish a pilot program to test the accuracy of an operational Consumer Price Index for the Elderly, which indicates changes in such consumption expenditures. Provides for implementation of the Consumer Price Index for the Elderly. Authorizes appropriations.","title":"Fair Benefits for Seniors Act of 2000","text_len":19721,"sum_len":901} {"bill_id":"106_hr109","text":"SECTION 1. REGULATION OF GUN SHOWS.\n\n (a) In General.--Section 923 of title 18, United States Code, is \namended by adding at the end the following:\n ``(m)(1) A person shall not hold a gun show unless--\n ``(A) the person is licensed to do so under this \n subsection; and\n ``(B) at least 30 days have elapsed since the person, using \n a form which shall be prescribed by the Secretary, has notified \n the Secretary and the chief law enforcement officer of the \n postal address and the dates and times at which the gun show is \n to be held.\n ``(2) A person desiring to be licensed to hold a gun show shall \nsubmit to the Secretary an application which--\n ``(A) contains a certification by the applicant that--\n ``(i) the applicant meets the requirements of \n subparagraphs (A) through (D) of subsection (d)(1); and\n ``(ii) any gun show to be conducted under the \n license is not prohibited by State or local law, and \n will be conducted in accordance with the requirements \n of State and local law;\n ``(B) contains a photograph and fingerprints of the \n applicant; and\n ``(C) is in such form as the Secretary shall by regulation \n prescribe.\n ``(3)(A) The Secretary shall approve an application submitted \npursant to paragraph (2) which meets the requirements of paragraph (2). \nOn approval of the application and payment by the applicant of such fee \nas the Secretary shall establish to ensure that the fees collected \nunder this subsection are sufficient to cover the costs of issuing \nlicenses under this subsection, the Secretary shall issue to the \napplicant a license which, subject to the provisions of this chapter \nand other applicable provisions of law, entitles the licensee to hold \ngun shows in interstate or foreign commerce during the 3-year period \nthat begins with the date the license is issued.\n ``(B) The Secretary shall approve or deny an application submitted \nunder paragraph (2) within 60 days after the Secretary receives the \napplication. If the Secretary fails to so act within such period, the \napplicant may bring an action under section 1361 of title 28 to compel \nthe Secretary to so act.\n ``(4)(A) Before a person not licensed under this section transfers \na firearm at a gun show--\n ``(i) the person shall provide to the holder of the gun \n show written notice of--\n ``(I) the name, age, and address of the person and \n of the prospective transferee (or, in the case of a \n party who is a corporation or other business entity, \n the identity and principal and local places of business \n of such party);\n ``(II) the serial number, make, and model of the \n firearm; and\n ``(III) the date and location of the transfer; and\n ``(ii) the holder of a gun show shall comply with the \n requirements imposed on licensed dealers by section 922(t) and \n subsections (g)(1)(A) and (g)(3)(A) of this section with \n respect to the transfer.\n ``(B) Within 30 days after the end of a gun show for which a \nlicense is issued under this subsection, the licensee shall deliver to \nthe Secretary all records or documents which the licensee collected \npursuant to subparagraph (A) during the gun show.\n ``(5) For purposes of this subsection, the term `gun show' means an \nevent or function that is--\n ``(A) sponsored by--\n ``(i) a national, State, or local organization \n devoted to the collection, competitive use, or other \n sporting use of firearms; or\n ``(ii) an organization or association that sponsors \n functions devoted to the collection, competitive use, \n or other sporting use of firearms in the community; and\n ``(B) held at a location--\n ``(i) which is not specified in any license \n issued under subsection (b) or (c);\n ``(ii) at which a firearm is offered for \n sale or transfer; and\n ``(iii) at which 50 or more firearms are \n present, 1 or more of which has been shipped or \n tranported in interstate or foreign \n commerce.''.\n (b) Penalties.--Section 924(a) of such title is amended by adding \nat the end the following:\n ``(7)(A) Whoever knowingly violates section 923(m)(1) shall be \nfined under this title, imprisoned not more than 5 years, or both.\n ``(B) Whoever knowingly violates subparagraph (A)(i) or (B) of \nsection 923(m)(4) shall be fined under this title, imprisoned not more \nthan 1 year, or both.\n ``(C) Whoever violates section 923(m)(4)(A)(ii) by knowingly \nfailing to comply with a provision of law specified in such section \nshall be punished as otherwise provided under this section for \nknowingly violating the provision of law.''.\n (c) Effective Date.--The amendments made by this section shall \napply to conduct engaged in after the 1-year period that begins with \nthe date of the enactment of this Act.","summary":"Amends the Federal criminal code to prohibit a person from holding a gun show unless such person is licensed to do so and at least 30 days have elapsed since the person has notified the Secretary of the Treasury and the chief law enforcement officer of the postal address and the dates and times at which the show is to be held. Sets forth provisions regarding license application requirements, fees, and application approval or denial procedures. Requires that before an unlicensed person transfers a firearm at a gun show, such person shall provide to the holder of the show written notice of: (1) the name, age, and address of such person and of the transferee, (2) the serial number, make, and model of the firearm. And (3) the date and location of the transfer. Requires the holder of the show to: (1) comply with requirements imposed on firearms dealers with respect to firearm transfers. And (2) deliver show records to the Secretary within 30 days after the show. Sets forth penalties for violations of this Act.","title":"To better regulate the transfer of firearms at gun shows.","text_len":5391,"sum_len":1020} {"bill_id":"114_s2707","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Workplace Advancement and \nOpportunity Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The proposed rule of the Department of Labor entitled \n ``Defining and Delimiting the Exemptions for Executive, \n Administrative, Professional, Outside Sales and Computer \n Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) provides a \n minimum salary requirement that would be--\n (A) a 113 percent increase during the first year \n after the final rule takes effect from the salary \n threshold in effect on February 29, 2016; and\n (B) an increase that would set the Federal minimum \n salary threshold 20 percent higher than the minimum \n salary threshold under any State law effective on the \n date of enactment of this Act.\n (2) The Secretary significantly underestimated the cost of \n compliance with the July 6, 2015, proposed rule. Public \n comments calculate such rule will impose financial and non-\n financial costs substantially higher than those estimated by \n the Department.\n (3) According to the Office of Advocacy of the Small \n Business Administration, the initial regulatory flexibility \n analysis of the July 6, 2015, proposed rule required under \n section 603 of title 5, United States Code, failed to \n adequately identify the number of small entities affected by \n such rule and failed to address how such rule would affect \n regions with lower costs of living and differences in certain \n industries. On September 4, 2015, the Office of Advocacy of the \n Small Business Administration submitted comments to the \n Secretary regarding such rule, including recommendations to--\n (A) reanalyze ``the economic impact of this rule on \n small businesses'', to ``provide a more accurate \n estimate of the small entities impacted by this \n proposal'', and to ``include an analysis of industry \n sub-sectors, regional differences, and revenue sizes'';\n (B) reanalyze ``the number of small non-profit \n organizations and small governmental jurisdictions . . \n . that are affected by this rule and the economic \n impact of this rule on these entities''; and\n (C) provide greater transparency with respect to \n ``compliance cost data'' and to ``utilize data provided \n in the comment process to accurately estimate the human \n resources and financial management costs of this \n regulation''.\n (4) The Secretary did not consider the potential impact of \n the July 6, 2015, proposed rule on workplace flexibility. \n Public comments address concerns that employees who are \n reclassified from exempt to nonexempt employees may no longer \n be able to participate in workplace flexibility arrangements \n and programs.\n (5) The Secretary did not analyze the potential impact of \n the July 6, 2015, proposed rule on companies that operate in \n multiple States with different costs of living and different \n salary scales, and the costs and unique complications for these \n employers associated with reclassifying thousands of employees \n in multiple States.\n (6) The July 6, 2015, proposed rule automatically updates \n the salary threshold on an annual basis for purposes of \n defining employees subject to the exemption under section \n 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n 213(a)(1)) for all subsequent years, contrary to the \n requirement under such section that the definitions applicable \n for the exemption shall be ``defined and delimited from time to \n time by regulations of the Secretary''. The Secretary does not \n have the authority to increase the salary threshold on an \n annual or other basis without conducting notice and comment \n rulemaking with respect to each change in accordance with \n section 553 of title 5, United States Code.\n (7) Although not proposed in the July 6, 2015, proposed \n rule, the Secretary indicated that changes to the duties tests \n may be included in the final rule, without providing for notice \n and comment regarding the specific proposed revisions.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Department.--The term ``Department'' means the \n Department of Labor.\n (2) July 6, 2015, proposed rule.--The term ``July 6, 2015, \n proposed rule'' means the proposed rule of the Department of \n Labor entitled ``Defining and Delimiting the Exemptions for \n Executive, Administrative, Professional, Outside Sales and \n Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) or the \n final rule with respect to such proposed rule.\n (3) Medicare or medicaid dependent health care provider.--\n The term ``Medicare or Medicaid dependent health care \n provider'' means an employer who derives more than 50 percent \n of its revenue from payments under the Medicare program under \n title XVIII of the Social Security Act, a State plan under the \n Medicaid program under title XIX of such Act, or both.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (5) Small business; small entity; small government \n jurisdiction; small organization.--The terms ``small \n business'', ``small entity'', ``small government \n jurisdiction'', and ``small organization'' have the meanings \n given such terms in section 601 of title 5, United States Code.\n (6) Substantially similar rule.--The term ``substantially \n similar rule'' means any rule or proposed rule that is a \n reissuance of the July 6, 2015, proposed rule in substantially \n the same form as such rule, or is the issuance of a new rule or \n proposed rule that is substantially the same as the July 6, \n 2015, rule, including any rule that implements the provisions \n of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 \n U.S.C. 213(a)(1)).\n\nSEC. 4. CONDITIONS PRECEDENT FOR SUBSTANTIALLY SIMILAR RULES.\n\n (a) Enforcement.--\n (1) In general.--Beginning on the date of enactment of this \n Act, the July 6, 2015, proposed rule shall cease to have any \n force or effect.\n (2) Final rule.--In the case that the July 6, 2015, \n proposed rule is a final rule on the date of enactment of this \n Act--\n (A) the Secretary shall not enforce the final rule \n based on conduct occurring before such date of \n enactment;\n (B) an employee shall not have any right of action \n against an employer for the employer's failure to \n comply with the final rule at any time prior to such \n date of enactment;\n (C) any regulations that were amended by such final \n rule shall be restored and revived as if the final rule \n had never taken effect; and\n (D) nothing in this Act shall be construed to \n create a right of action for an employer against an \n employee for the recoupment of any payments made to the \n employee prior to the date of enactment of this Act \n that were in compliance with such final rule.\n (b) Conditions for Substantially Similar Rules.--\n (1) In general.--The Secretary may promulgate any \n substantially similar rule, subject to paragraph (3), only if \n the Secretary has completed each action required under \n paragraph (2).\n (2) Requirements for substantially similar rules.--The \n actions required under this paragraph are the following:\n (A) The Secretary shall conduct an analysis of the \n impact of the substantially similar rule, including an \n initial regulatory flexibility analysis under section \n 603 of title 5, United States Code and assessments \n under clauses (i) through (iii) of section 6(a)(3)(C) \n of Executive Order 12866 (5 U.S.C. 601 note, relating \n to regulatory planning and review) to be provided to \n the Administrator of the Office of Information and \n Regulatory Affairs in accordance with such section, and \n that--\n (i) accurately identifies the number of \n affected small entities by using specific data \n points from the most recent publication of the \n Statistics of U.S. Businesses by the Bureau of \n the Census;\n (ii) addresses regional, State, county (if \n applicable), metropolitan, and nonmetropolitan \n salary and cost of living differences;\n (iii) provides an analysis of any \n substantially similar rule, which shall include \n the percentile of full-time salaried workers \n affected, and such analysis shall be \n disaggregated by--\n (I) State;\n (II) industry subsector;\n (III) small organizations;\n (IV) small government \n jurisdictions, including further \n disaggregation by school district;\n (V) nonprofit organizations;\n (VI) Medicare or Medicaid dependent \n health care providers; and\n (VII) small businesses;\n (iv) provides an analysis of management and \n human resource costs for all employers, \n including costs associated with changing human \n resource systems, reclassifying employees, and \n extra hours spent scheduling employees;\n (v) provides an analysis of the impact on \n lower-wage industries, including by geographic \n area;\n (vi) provides an analysis of all non-\n financial costs, including impact on \n employment, workplace flexibility, employee \n benefit structure for exempt and nonexempt \n workers, career advancement opportunities, new \n business formation, business termination, and \n loss of market share to foreign competition; \n and\n (vii) includes a complete description of \n any significant alternative as described in \n section 603(c) of title 5, United States Code, \n to the substantially similar rule.\n (B) The Secretary shall publish not less than one \n small entity compliance guide under section 212 of the \n Small Business Regulatory Enforcement Fairness Act of \n 1996 (5 U.S.C. 601 note) to assist small entities in \n complying with the substantially similar rule.\n (C) The Secretary shall provide notice of the \n substantially similar rule in the Unified Agenda of \n Federal Regulatory and Deregulatory Actions, compiled \n by the Regulatory Information Service Center of the \n General Services Administration.\n (D) The Secretary shall ensure that the effective \n date for any final rule with respect to the \n substantially similar rule shall not be less than 1 \n year after the publication of such final rule in the \n Federal Register.\n (E) The Secretary shall comply with the notice and \n comment requirements under section 553 of title 5, \n United States Code, and provide a comment period of not \n less than 120 days.\n (3) Automatic updates.--Any substantially similar rule \n promulgated by the Secretary shall not contain any automatic \n updates to the salary threshold for purposes of the exemption \n under section 13(a)(1) of the Fair Labor Standards Act of 1938 \n (29 U.S.C. 213(a)(1)), in accordance with section 5.\n\nSEC. 5. RULE OF CONSTRUCTION.\n\n The requirement under section 13(a)(1) of the Fair Labor Standards \nAct of 1938 (29 U.S.C. 213(a)(1)) that the definitions applicable for \nthe exemption under such section be ``defined and delimited from time \nto time by regulations of the Secretary'' shall be construed to--\n (1) require the Secretary to issue a new rule through \n notice and comment rulemaking in accordance with section 553 of \n title 5, United States Code, for each change in any salary \n threshold under such section 13(a)(1) proposed by the \n Secretary; and\n (2) exclude any rule that would result in changes to any \n salary threshold under such section for multiple time periods, \n including through any automatic updating procedure.\n\nSEC. 6. REQUIREMENTS FOR DUTIES TESTS.\n\n The Secretary may not promulgate any final rule that includes any \nprovision revising any of the duties tests provided in part 541 of \ntitle 29, Code of Federal Regulations (or any successor regulation), \nfor exemption under section 13(a)(1) of the Fair Labor Standards Act of \n1938 (29 U.S.C. 213(a)(1)) unless specific regulatory text for the \nprovision was proposed in the proposed rule.","summary":"Protecting Workplace Advancement and Opportunity Act This bill declares that the proposed or the final rule of the Department of Labor entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees shall cease to have any force or effect. The rule revises the quot, white collarquot. Exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA). If the proposed rule is a final rule on the date of enactment of this bill: Labor shall not enforce it based on conduct occurring before that enactment date, an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date, any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule. Labor may promulgate any substantially similar rule only if it has completed certain required actions. But the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA. The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to: require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed. And exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure. Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule.","title":"Protecting Workplace Advancement and Opportunity Act","text_len":14556,"sum_len":2178} {"bill_id":"113_hr1606","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Crop Risk Options Plan Act of \n2013''.\n\nSEC. 2. SUPPLEMENTAL COVERAGE OPTION.\n\n (a) Availability of Supplemental Coverage Option.--Paragraph (3) of \nsection 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is \namended to read as follows:\n ``(3) Yield and loss basis options.--A producer shall have \n the option of purchasing additional coverage based on--\n ``(A)(i) an individual yield and loss basis; or\n ``(ii) an area yield and loss basis;\n ``(B) an individual yield and loss basis, \n supplemented with coverage based on an area yield and \n loss basis to cover a part of the deductible under the \n individual yield and loss policy, as described in \n paragraph (4)(C); or\n ``(C) a margin basis alone or in combination with \n the coverages available in subparagraph (A) or (B).''.\n (b) Level of Coverage.--Paragraph (4) of section 508(c) of the \nFederal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as \nfollows:\n ``(4) Level of coverage.--\n ``(A) Dollar denomination and percentage of \n yield.--Except as provided in subparagraph (C), the \n level of coverage--\n ``(i) shall be dollar denominated; and\n ``(ii) may be purchased at any level not to \n exceed 85 percent of the individual yield or 95 \n percent of the area yield (as determined by the \n Corporation).\n ``(B) Information.--The Corporation shall provide \n producers with information on catastrophic risk and \n additional coverage in terms of dollar coverage (within \n the allowable limits of coverage provided in this \n paragraph).\n ``(C) Supplemental coverage option.--\n ``(i) In general.--Notwithstanding \n subparagraph (A), in the case of the \n supplemental coverage option described in \n paragraph (3)(B), the Corporation shall offer \n producers the opportunity to purchase coverage \n in combination with a policy or plan of \n insurance offered under this subtitle that \n would allow indemnities to be paid to a \n producer equal to a part of the deductible \n under the policy or plan of insurance--\n ``(I) at a county-wide level to the \n fullest extent practicable; or\n ``(II) in counties that lack \n sufficient data, on the basis of such \n larger geographical area as the \n Corporation determines to provide \n sufficient data for purposes of \n providing the coverage.\n ``(ii) Trigger.--Coverage offered under \n paragraph (3)(B) and clause (i) shall be \n triggered only if the losses in the area exceed \n 10 percent of normal levels (as determined by \n the Corporation).\n ``(iii) Coverage.--Subject to the trigger \n described in clause (ii), coverage offered \n under paragraph (3)(B) and clause (i) shall not \n exceed the difference between--\n ``(I) 90 percent; and\n ``(II) the coverage level selected \n by the producer for the underlying \n policy or plan of insurance.\n ``(iv) Calculation of premium.--\n Notwithstanding subsection (d), the premium for \n coverage offered under paragraph (3)(B) and \n clause (i) shall--\n ``(I) be sufficient to cover \n anticipated losses and a reasonable \n reserve; and\n ``(II) include an amount for \n operating and administrative expenses \n established in accordance with \n subsection (k)(4)(F).''.\n (c) Payment of Portion of Premium by Corporation.--Section \n508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is \namended by adding at the end the following new subparagraph:\n ``(H) In the case of the supplemental coverage \n option authorized in subsection (c)(4)(C), the amount \n shall be equal to the sum of--\n ``(i) 60 percent of the additional premium \n associated with the coverage; and\n ``(ii) the amount determined under \n subsection (c)(4)(C)(vi)(II), subject to \n subsection (k)(4)(F), for the coverage to cover \n operating and administrative expenses.''.\n (d) Effective Date.--The Federal Crop Insurance Corporation shall \nbegin to provide additional coverage based on an individual yield and \nloss basis, supplemented with coverage based on an area yield and loss \nbasis, not later than for the 2014 crop year.\n\nSEC. 3. DATA SOURCES FOR DETERMINATION OF ACTUAL PRODUCTION HISTORY.\n\n Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. \n1508(g)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(E) Sources of yield data.--To determine yields \n under this paragraph, the Corporation shall use data \n collected by the Risk Management Agency or the National \n Agricultural Statistics Service, or both.''.","summary":"Crop Risk Options Plan Act of 2013 - Amends the Federal Crop Insurance Act to make available to crop producers additional coverage to cover part of a crop insurance policy deductible based upon: (1) an individual or area yield and loss basis, (2) an individual yield and loss basis supplemented with coverage based on an area yield and loss basis , or (3) a margin basis alone or in combination with the coverages available in (1) or (2). Triggers the supplemental coverage option only if area losses exceed 10 of normal levels. Provides for: (1) 60 premium coverage plus operating and administrative costs paid by the Federal Crop Insurance Corporation (FCIC), and (2) coverage to begin no later than crop year 2014. Provides that in the case of the supplemental coverage option, FCIC shall offer producers the opportunity to purchase coverage that pays indemnities on a county-wide level or on a larger geographical area level in counties that lack sufficient data. Directs FCIC, in developing yield guarantees, to use county data collected by the Risk Management Agency andor the National Agricultural Statistics Service.","title":"Crop Risk Options Plan Act of 2013","text_len":6323,"sum_len":1124} {"bill_id":"108_hr2074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Money Transfer \nDisclosure Act''.\n\nSEC. 2. DISCLOSURES REQUIRED.\n\n (a) Regulations.--\n (1) In general.--Subject to paragraph (2), the appropriate \n Federal agencies shall jointly prescribe regulations that \n require any financial institution or money transmitting \n business which initiates an international money transfer on \n behalf of a consumer (whether or not the consumer maintains an \n account at such institution or business) to make a good faith \n effort to provide the following disclosures to the consumer \n before the consummation of the transaction:\n (A) Any fees to be charged to the recipient, \n including any exchange rate or currency conversion \n fees.\n (B) A final itemization of all costs to the \n consumer, which would include all fees charged, for the \n remittance.\n (C) The exact amount of foreign currency to be \n received by the recipient in the foreign country.\n (2) Good faith effort.--For purposes of paragraph (1), good \n faith effort requires honesty in fact and all commercially \n reasonable efforts to provide the disclosures based on the most \n accurate information reasonably available to the financial \n institution or money transmitting business at the time of the \n international money transfer.\n (b) Language Requirement.--The disclosures required under \nsubsection (a) shall be in English and in the same language, if other \nthan English, as the language principally used by the financial \ninstitution or money transmitting business, or any of its agents, to \nadvertise, solicit, or negotiate, either orally or in writing, at the \noffice of the institution or business at which the international money \ntransfer is initiated.\n (c) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Appropriate federal agency.--The term ``appropriate \n Federal agency'' means--\n (A) the appropriate Federal banking agency, in the \n case of any insured depository institution (as such \n terms are defined in section 3 of the Federal Deposit \n Insurance Act);\n (B) the National Credit Union Administration, in \n the case of any credit union (as defined in section 101 \n of the Federal Credit Union Act); and\n (C) the Federal Trade Commission, in the case of \n any financial institution or money transmitting \n business that is not an insured depository institution \n or insured credit union.\n (2) International money transfer.--The term ``international \n money transfer'' means any money transmitting service \n originating in the United States and involving an international \n transaction which is provided by a financial institution or a \n money transmitting business.\n (3) Money transmitting service.--The term ``money \n transmitting service'' has the meaning given to such term in \n section 5330(d)(2) of title 31, United States Code.\n (4) Money transmitting business.--The term ``money \n transmitting business'' means any business which--\n (A) provides check cashing, currency exchange, or \n money transmitting or remittance services, or issues or \n redeems money orders, travelers' checks, and other \n similar instruments; and\n (B) is not a depository institution (as defined in \n section 5313(g) of title 31, United States Code).\n (d) Administrative Enforcement.--\n (1) Depository institutions.--\n (A) In general.--Compliance with the requirements \n imposed under this section shall be enforced under--\n (i) section 8 of the Federal Deposit \n Insurance Act, in the case of an insured \n depository institution, by the appropriate \n Federal banking agency (as such terms are \n defined in section 3 of the Federal Deposit \n Insurance Act); and\n (ii) the Federal Credit Union Act, in the \n case of any insured credit union (as defined in \n section 101 of the Federal Credit Union Act), \n by the National Credit Union Administration.\n (B) Applicability of other laws.--\n (i) Violations of this section.--For the \n purpose of the exercise by any agency referred \n to in subparagraph (A) of its powers under any \n Act referred to in that subparagraph, a \n violation of any requirement imposed under this \n section shall be deemed to be a violation of a \n requirement imposed under that Act.\n (ii) Other authority.--In addition to its \n powers under any provision of law specifically \n referred to in subparagraph (A), each of the \n agencies referred to in such subparagraph may \n exercise, for the purpose of enforcing \n compliance with any requirement imposed under \n this section, any other authority conferred on \n it by law.\n (2) Other money transmitting businesses.--\n (A) Appropriate federal regulator.--Except to the \n extent that enforcement of the requirements imposed \n under this section is specifically committed to some \n other Government agency under paragraph (1), the \n Federal Trade Commission shall enforce such \n requirements.\n (B) Applicability of other laws.--\n (i) Violations of this section.--For the \n purpose of the exercise by the Federal Trade \n Commission of its functions and powers under \n the Federal Trade Commission Act, a violation \n of any requirement imposed under this section \n shall be deemed a violation of a requirement \n imposed under that Act.\n (ii) Other authority.--All of the functions \n and powers of the Federal Trade Commission \n under the Federal Trade Commission Act are \n available to the Commission to enforce \n compliance by any person subject to the \n jurisdiction of the Commission with the \n requirements imposed under this section, \n irrespective of whether that person is engaged \n in commerce or meets any other jurisdictional \n tests in the Federal Trade Commission Act.\n (e) Effective Date.--This section shall apply to any international \nmoney transfer initiated in the United States after the end of the 3-\nmonth period beginning on the date of the enactment of this Act.","summary":"International Money Transfer Disclosure Act - Directs certain Federal agencies to jointly prescribe regulations requiring a financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to make a good faith effort to disclose to the consumer before consummation of the transaction: (1) any fees to be charged to the recipient, including any exchange rate or currency conversion fees. (2) a final itemization of all costs to the consumer for the remittance. And (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Mandates that such disclosures take place in English and in the same language, if other than English, as the language principally used by the financial institution or money transmitting business to advertise, solicit, or negotiate at its office where the international money transfer is initiated.","title":"To require certain disclosures in connection with any international money transfer, and for other purposes.","text_len":7679,"sum_len":918} {"bill_id":"110_hr4455","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wildlife Without Borders \nAuthorization Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) our Nation has a long-standing commitment to assisting \n other countries with the conservation of wildlife species and \n limited wildlife conservation resources, including trained \n wildlife professionals, are often unavailable in many foreign \n countries containing globally important biological resources;\n (2) conservation activities, both overseas and in \n neighboring countries, are required to meet the Federal \n Government's obligations under numerous international treaties, \n laws, agreements, and cooperative programs;\n (3) since 1989, the Wildlife Without Borders Program, an \n administratively-created program within the United States Fish \n and Wildlife Service, has provided wildlife conservation \n assistance throughout the world by developing locally-adapted \n wildlife management and conservation programs, in coordination \n with non-governmental organizations, governments, private \n businesses, and community leaders, in an effort to maintain \n global species diversity;\n (4) activities under the Wildlife Without Borders Program \n is responsible for implementation of over 800 conservation \n projects around the world that address grass-roots threats to \n numerous endangered species, habitats, and ecosystems and that \n complement the United States Fish and Wildlife Service's \n existing programs for African elephants, rhinoceros and tigers, \n Asian elephants, great apes, migratory birds, and marine \n turtles;\n (5) activities under the Wildlife Without Borders Program \n provide education, training, and outreach to strengthen \n capacity for habitat and wildlife conservation throughout the \n world and serve a key role in facilitating international \n dialogue; and\n (6) although the Secretary of the Interior is generally \n authorized to undertake partnering and capacity building \n activities, a specific authorization will reinforce our \n Nation's long-term commitment to the Wildlife Without Borders \n Program.\n (b) Purpose.--The purpose of this Act is to provide capacity \nbuilding, outreach, education, and training assistance in endangered \nspecies and strategic habitat conservation to other nations by \nproviding international wildlife management and conservation programs \nthrough the Wildlife Without Borders Program.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Conservation.--The term ``conservation'' includes--\n (A) the methods and procedures necessary to bring a \n species to the point at which there are sufficient \n populations in the wild to ensure that the species does \n not become extinct; and\n (B) all activities associated with protection and \n management of a species, including--\n (i) maintenance, management, protection, \n and restoration of species habitat;\n (ii) research and monitoring;\n (iii) law enforcement;\n (iv) community outreach and education;\n (v) conflict resolution initiatives; and\n (vi) strengthening the capacity of local \n communities, government agencies, non-\n governmental organizations, and other \n institutions to implement conservation \n programs.\n (2) Fish or wildlife.--The term ``fish or wildlife'' means \n any member of the animal kingdom, including any mammal, fish, \n bird, amphibian, reptile, mollusk, crustacean, or arthropod.\n (3) Plant.--The term ``plant'' mean any member of the plant \n kingdom, including seeds, roots, and other parts thereof.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Species.--The term ``species'' includes any subspecies \n of fish or wildlife or plants, and any distinct population \n segment of any species of vertebrate fish or wildlife.\n\nSEC. 4. WILDLIFE WITHOUT BORDERS PROGRAM.\n\n (a) In General.--The Secretary shall carry out the Wildlife Without \nBorders Program within the United States Fish and Wildlife Service to \nprovide international wildlife conservation assistance through the \ninitiation, facilitation, and promotion of locally adapted wildlife \nmanagement and conservation programs in coordination with non-\ngovernmental organizations, governments, private businesses, and \ncommunity leaders. Such program shall include, but shall not be limited \nto, partnership programs for grass roots capacity building, applied \nscientific conservation research, and wildlife management training.\n (b) Program Components.--The program authorized under this section \nshall include the following:\n (1) Species program.--A species program, which shall \n comprise administration of the programs and funds authorized \n by--\n (A) the African Elephant Conservation Act of 1988 \n (16 U.S.C. 4201 et seq.);\n (B) the Asian Elephant Conservation Act of 1997 (16 \n U.S.C. 4261 et seq.);\n (C) the Rhinoceros and Tiger Conservation Act of \n 1994 (16 U.S.C. 5301 et seq.);\n (D) the Great Ape Conservation Act of 2000 (16 \n U.S.C. 6301);\n (E) the Marine Turtle Conservation Act of 2004 (16 \n U.S.C. 6601); and\n (F) any similar, future authority provided to the \n Secretary and implemented by the Fish and Wildlife \n Service.\n (2) Regional program.--A regional program, which shall--\n (A) address grass-roots conservation problems \n through a regional grants program focused on building \n in-country human and institutional capacity to achieve \n comprehensive conservation in a manner adapted to the \n particular needs of a partner country;\n (B) facilitate and guide delivery of other \n international United States Fish and Wildlife Service \n programs; and\n (C) coordinate, develop, and implement regional \n treaties, conventions, and accords, including regional \n coordination mechanisms, on behalf of the United States \n Fish and Wildlife Service.\n (3) Global program.--A global program, which shall, through \n programs under the jurisdiction of the secretary and that are \n implemented through the United States Fish and Wildlife \n Service--\n (A) implement global habitat and conservation \n initiatives; and\n (B) address the international aspects of global \n conservation threats, such as invasive species and \n wildlife disease.\n (c) Coordination.--The Secretary shall operate the program \ncomponents authorized under this section in a coordinated fashion to \nensure efficient and cost-effective implementation.\n (d) Additional Components.--The Secretary may include such \nadditional components in the program authorized under this section as \nthe Secretary considers appropriate.\n\nSEC. 5. ACCEPTANCE AND USE OF DONATIONS.\n\n In administering the Wildlife Without Borders Program, the \nSecretary may accept donations of funds and to use such funds for \ncapacity building, grants, and other on-the-ground uses carried out by \nthe program components authorized under paragraphs (2) and (3) of \nsection 4.\n\nSEC. 6. FEDERAL ADVISORY COMMITTEE ACT.\n\n The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply \nto any advisory committees established under this Act.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n To carry out this Act there is authorized to be appropriated to the \nSecretary $5,000,000 for each of fiscal years 2009 through 2013.","summary":"Wildlife Without Borders Authorization Act - Directs the Secretary of the Interior to carry out a Wildlife Without Borders Program within the US Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non-governmental organizations, governments, private businesses, and community leaders. Specifies the species, regional, and global program components that shall be included in the Wildlife Without Borders Program. Permits the Secretary, in the administration of the Wildlife Without Borders Program, to accept donated funds and to use them for capacity building, grants, and other on-the-ground uses carried out under the regional and global program components authorized by this Act.","title":"To authorize the Secretary of the Interior to provide international wildlife management and conservation programs through the Wildlife Without Borders Program in the United States Fish and Wildlife Service, and for other purposes.","text_len":8495,"sum_len":852} {"bill_id":"106_s1824","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Private Wireless Spectrum Use Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Competent management of the electromagnetic radio \n spectrum includes continued availability of spectrum for \n private wireless entities because of such entitiesD23\/' unique \n ability to achieve substantial efficiencies in their use of \n this important and finite public resource. A private wireless \n system licensee or entity is able to customize communications \n systems to meet the individual needs of that licensee or end \n user while using engineering solutions and other cooperative \n arrangements to share spectrum with other private system \n licensees and entities without causing harmful interference or \n other degradation of quality or reliability to such other \n licensees or entities. Accordingly, spectrum allocations for \n the shared use of private wireless systems achieve a high level \n of spectrum use efficiency and contribute to the economic and \n social welfare of the United States.\n (2) Wireless communication systems dedicated to the \n internal communication needs of America's industrial, land \n transportation, energy (including utilities and pipelines), and \n other business enterprises are critical to the competitiveness \n of American industry and business in international commerce; \n increase corporate productivity; enhance the safety and welfare \n of employees; and improve the delivery of products and services \n to consumers in the United States and abroad.\n (3) During the past decade, the Federal Communications \n Commission allocation and licensing policies have led to \n dramatic increases in spectrum available for commercial mobile \n radio services while the spectrum available for private mobile \n radio systems has decreased, even though the Commission \n recognizes the spectrum use efficiencies and other public \n benefits of such private systems and the substantial increases \n in the use of such systems.\n (4) Spectrum auctions are designed to select among \n competing applications for spectrum licenses when engineering \n solutions, negotiation, threshold qualifications, service \n regulations, and other cooperative means employed by the \n Commission are not able to prevent mutual exclusivity among \n such applications. Private wireless systems, on the other hand, \n avoid mutual exclusivity through cooperative, multiple uses \n generally achieved by the Commission, the users, or the \n frequency advisory committees. Accordingly, the requirements of \n such private wireless systems are accommodated within the \n spectrum bands allocated for private uses. Since there is no \n mutual exclusivity among private wireless system applications, \n there is no need for the Commission to employ a mechanism, such \n as auctions, to select among applications. Auction valuation \n principles also do not apply to the private wireless licensing \n process because the private wireless spectrum is not used on a \n commercial, interconnected basis. Rather, such private \n allocations are used for internal communications applications \n to enhance safety, efficiency and productivity. Nonetheless, \n there should be some payment associated with the assignment of \n new private wireless spectrum, and the Commission can and \n should develop a payment mechanism for this purpose.\n\nSEC. 3. DEFINITIONS.\n\n Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is \namended--\n (1) by redesignating paragraphs (33) through (52) as \n paragraph (35) through (54); and\n (2) by inserting after paragraph (32) the following:\n ``(33) Private Wireless System.--The term `private wireless \n system' means an infrastructure of telecommunications equipment \n and customer premises equipment that is owned by, and operated \n solely to meet the internal wireless communication needs of, an \n industrial, business, transportation, education, or energy \n (including utilities and pipelines) entity, or other licensee.\n ``(34) Private Wireless Provider.--The term `private \n wireless provider' means an entity that owns, operates, or \n manages an infrastructure of telecommunications equipment and \n customer premises equipment that is--\n ``(A) used solely for the purpose of meeting the \n internal communications needs of another entity that is \n an industrial, business, transportation, education, or \n energy (including utilities and pipelines) entity, or \n similar end-user;\n ``(B) neither a commercial mobile service (as \n defined in section 332(d)(1)) nor used to provide \n public safety services (as defined in section \n 337(f)(1)); and\n ``(C) not interconnected with the public switched \n network.''.\n\nSEC. 4. ALLOCATION AND ASSIGNMENT OF ADDITIONAL SPECTRUM.\n\n Part I of title III of the Communications Act of 1934 (47 U.S.C. \n301) is amended by inserting after section 337 the following:\n\n``SEC. 338. ALLOCATION AND ASSIGNMENT OF SPECTRUM FOR PRIVATE WIRELESS \n USES.\n\n ``(a) Rulemaking Required.--Within 120 days after the date of \nenactment of the Private Wireless Spectrum Use Act, the Commission \nshall initiate a rulemaking designed to identify and allocate at least \n12 megahertz of electromagnetic spectrum located between 150 and 2,000 \nmegahertz for use by private wireless licensees on a shared-use basis. \nThe new spectrum proposed to be reallocated shall be available and \nappropriate for use by private wireless communications systems and \nshall accommodate the need for paired allocations and for proximity to \nexisting private wireless spectrum allocations. In accommodating the \nvarious private wireless system needs in this rulemaking, the \nCommission shall reserve at least 50 percent of the reallocated \nspectrum for the use of private wireless systems. The remaining \nreallocated spectrum shall be available for use by private wireless \nproviders solely for the purpose described in section 3(34)(A).\n ``(b) Order Required.--Within 180 days after the Commission \ninitiates the rulemaking required by subsection (a), the Commission, in \nconsultation with its frequency advisory committees, shall--\n ``(1) issue an order reallocating spectrum in accordance \n with subsection (a); and\n ``(2) issue licenses for the reallocated spectrum in a \n timely manner.''.\n\nSEC. 5. REIMBURSEMENT FOR ADDITIONAL SPECTRUM ALLOCATED FOR PRIVATE \n WIRELESS SYSTEM USE.\n\n Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309 \n(j)) is amended by inserting after paragraph (14) the following:\n ``(15) Spectrum efficiency for shared spectrum.--\n ``(A) Within 120 days after the date of enactment \n of the Private Wireless Spectrum Use Act, the \n Commission shall initiate a rulemaking to devise a \n schedule of payment to the Treasury by private wireless \n systems, and by private wireless providers for the \n purpose described in section 3(34)(A), in return for a \n license or other ability to use a portion of the \n spectrum reallocated under section 338. The schedule \n shall be designed to promote the efficient use of those \n frequencies.\n ``(B) Within 180 days after the Commission \n initiates the rulemaking required by subparagraph (A), \n the Commission, after consultation with its frequency \n advisory committees and after opportunity for comment, \n shall adopt a schedule of payment in accordance with \n subparagraph (A) and which it determines to be in the \n public interest.\n ``(C) In adopting the schedule of payments referred \n to in subparagraph (A), the Commission--\n ``(i) may not base a finding of public \n interest, convenience, and necessity on the \n expectation of Federal revenues for the use of \n such schedule of payment; and\n ``(ii) shall take into account the private \n nature of the systems, the safety and \n efficiencies realized by the public as a result \n of these private uses, the amount of bandwidth \n and coverage area and geographic location of \n the license, and the degree of frequency-\n sharing.''.\n\nSEC. 6. SPECTRUM SHARING\n\n Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C. \n309(j)(6)) is amended--\n (1) by striking ``or'' at the end of subparagraph (G);\n (2) by striking ``Act.'' in subparagraph (H) and inserting \n ``Act; or''; and\n (3) by adding at the end the following:\n ``(I) be construed to permit the Commission to take \n any action to create mutual exclusivity where it does \n not already exist.''.\n\nSEC. 7. CONFORMING AND TECHNICAL AMENDMENTS.\n\n (a) Private Mobile Service.--Section 332(d) of the Communications \nAct of 1934 (47 U.S.C. 332(d)) is amended--\n (1) by inserting ``and'' after the semicolon in paragraph \n (1);\n (2) by striking ``(c)(1)(B); and'' in paragraph (2) and \n inserting ``(c)(1)(B).''; and\n (3) by striking paragraph (3).\n (b) Application of Spectrum-use Payment Schedule to New Licenses.--\nSection 337(a)(2) of the Communications Act of 1934 (47 U.S.C. \n337(a)(2)) is amended by inserting ``or spectrum use payment schedule'' \nafter ``competitive bidding''.\n (c) Exemption From Competitive Bidding.--Section 309(j)(2) of the \nCommunications Act of 1934 (47 U.S.C. 309(j)(2)) is amended--\n (1) by striking ``or'' at the end of subparagraph (B);\n (2) by striking ``Act.'' in subparagraph (C) and inserting \n ``Act; or''; and\n (3) by adding at the end thereof the following:\n ``(D) for private wireless systems, and for private \n wireless providers for the purpose described in section \n 3(34)(A), that--\n ``(i) are used to enhance the productivity \n or safety of business or industry; and\n ``(ii) are not made commercially available \n to the public, except for that purpose.''.\n (d) Technical Amendment.--Section 271(c)(1)(A) of the \nCommunications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by \nstriking ``3(47)(A),'' and inserting ``3(49)(A),''.","summary":"Requires the FCC to: (1) devise a schedule for payments to the Treasury for shared-use spectrum used by private wireless systems. And (2) adopt a payment schedule determined to be in the public interest. Prohibits competitive bidding requirements from being construed to permit the FCC to take any action to create mutual exclusivity where it does not already exist.","title":"Private Wireless Spectrum Use Act","text_len":11400,"sum_len":366} {"bill_id":"111_s3596","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Culture of Safety Hospital \nAccountability Act of 2010''.\n\nSEC. 2. CULTURE OF SAFETY HOSPITAL ACCOUNTABILITY STUDY AND \n DEMONSTRATION PROGRAM.\n\n (a) Study.--\n (1) In general.--The Secretary shall conduct a study that--\n (A) examines existing activities and programs in \n hospitals for quality assurance, patient safety, and \n performance improvement and provides an analysis \n regarding best practices with respect to such \n activities and programs; and\n (B) identifies best practices that should be \n replicated in hospitals to improve patient safety and \n quality of care, consistent with the provisions \n included under the quality assessment and performance \n improvement program, as required under the conditions \n of participation for hospitals under Medicare.\n (2) Report.--Not later than 2 years after the date of \n enactment of this Act, the Secretary shall prepare a report \n containing the results of the study conducted under paragraph \n (1). Such report shall be made available on the Internet \n website of the Centers for Medicare & Medicaid Services.\n (b) Demonstration Program.--\n (1) In general.--The Secretary shall establish the Culture \n of Safety Hospital Accountability demonstration program to \n provide support for establishing partnerships and other \n cooperative approaches between hospitals, State health care \n agencies, and the Department of Health and Human Services to \n promote and implement the best practices identified under \n subsection (a), with the goal of improving the safety and \n quality of care provided to Medicare beneficiaries and enhance \n compliance with the conditions of participation for hospitals \n under Medicare.\n (2) Duration.--The demonstration program shall operate \n during a period of 3 years, beginning not later than 12 months \n after completion of the report described in subsection (a)(2).\n (3) Scope.--\n (A) States.--The Secretary shall select not less \n than 4 States, but not more than 6 States, to \n participate in the demonstration program.\n (B) Hospitals.--The Secretary shall select not more \n than 24 hospitals, within the States selected under \n subparagraph (A), to participate in the demonstration \n program. The hospitals selected under this subparagraph \n shall satisfy criteria, as developed by the Secretary, \n relating to compliance with the conditions of \n participation for hospitals under Medicare.\n (4) Application.--A State or hospital that desires to \n participate in the demonstration program shall submit to the \n Secretary an application at such time, in such manner, and \n containing such information as the Secretary may require.\n (5) Implementation.--\n (A) Technical assistance.--The Secretary shall \n provide participating hospitals with technical \n assistance in implementation of the best practices \n identified through the study under subsection (a).\n (B) Hospital surveyors.--For each State \n participating in the demonstration program, the \n Secretary shall provide training to State surveyors \n that is designed to--\n (i) enhance knowledge of the disciplines of \n patient safety, quality assessment, and \n performance improvement;\n (ii) increase skill in evaluating \n compliance with quality assessment and \n performance improvement programs required under \n the conditions of participation for hospitals \n under Medicare; and\n (iii) focus investigations of complaints \n regarding hospital care on the hospital's \n quality assessment and performance improvement \n program.\n (6) Evaluation.--For each State and hospital participating \n in the demonstration program, the Secretary shall evaluate the \n following:\n (A) The level of implementation of the best \n practices identified under subsection (a) by the \n participating hospitals and whether adoption of such \n practices--\n (i) improved quality and patient safety \n (including an analysis of changes in quality \n measures and other indicators of outcome and \n performance); and\n (ii) resulted in a decrease in the \n seriousness or number of citations for \n deficiencies under the conditions of \n participation for hospitals under Medicare.\n (B) The training provided to State surveyors and \n whether such training resulted in enhanced proficiency \n in evaluations of hospital quality assessment and \n performance improvement programs.\n (7) Report.--Not later than 12 months after completion of \n the demonstration program, the Secretary shall submit to \n Congress a report containing an evaluation of such program, \n including--\n (A) the findings of the evaluation under paragraph \n (6); and\n (B) recommendations--\n (i) in regard to whether the best practices \n identified under the demonstration program \n should be adopted by other hospitals, and how \n the Secretary can best promote adoption of such \n best practices;\n (ii) in regard to whether the training for \n State surveyors developed under the \n demonstration program should be provided to all \n State surveyors; and\n (iii) for such legislation and \n administrative action as the Secretary \n determines appropriate.\n (8) Waiver authority.--The Secretary may waive such \n requirements under titles XI and XVIII of the Social Security \n Act as may be necessary to carry out the demonstration program.\n (c) Funding.--For purposes of carrying out this Act, the Secretary \nshall provide for the transfer from the Federal Hospital Insurance \nTrust Fund under section 1817 of the Social Security Act (42 U.S.C. \n1395i) of $25,000,000, to the Centers for Medicare & Medicaid Services \nProgram Management Account for the period of fiscal years 2010 through \n2017. Amounts transferred under the preceding sentence shall remain \navailable until expended.\n (d) Alternative Remedies.--Section 1866(b) of the Social Security \nAct (42 U.S.C. 1395cc(b)) is amended by adding at the end the following \nnew paragraph:\n ``(5)(A) The Secretary is authorized to promulgate \n regulations that establish enforcement remedies that are in \n addition to, or in lieu of, termination of an agreement under \n this section for hospitals or critical access hospitals for \n violations of health and safety requirements under this title. \n Such remedies may include directed plans of correction that are \n designed to--\n ``(i) ensure compliance with requirements \n under this title (including conditions of \n participation for hospitals or critical access \n hospitals);\n ``(ii) prevent recurrence of non-compliance \n with such requirements; and\n ``(iii) improve the internal structures and \n processes within the hospital or critical \n access hospital for provision of continuous \n quality and safety enhancement.\n ``(B) The regulations described under subparagraph \n (A) may be promulgated by the Secretary before, during, \n or after the evaluation described under section 2(b)(6) \n of the Culture of Safety Hospital Accountability Act of \n 2010.''.\n (e) Non-Application of Paperwork Reduction Act.--Chapter 35 of \ntitle 44, United States Code (commonly referred to as the `Paperwork \nReduction Act of 1995') shall not apply to this Act.\n (f) Definitions.--In this Act:\n (1) Demonstration program.--The term ``demonstration \n program'' means the Culture of Safety Hospital Accountability \n demonstration program conducted under this Act.\n (2) Hospital.--The term ``hospital'' means--\n (A) an institution described under section 1861(e) \n of the Social Security Act (42 U.S.C. 1395x(e)); or\n (B) a critical access hospital (as described under \n section 1861(mm)(1) of such Act (42 U.S.C. \n 1395x(mm)(1)).\n (3) Medicare.--The term ``Medicare'' means the program \n established under title XVIII of the Social Security Act (42 \n U.S.C. 1395 et seq.).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.","summary":"Culture of Safety Hospital Accountability Act of 2010 - Directs the Secretary of Heatlh and Human Services (HHS) to study for a report made available on the Internet website of the Centers for Medicare and Medicaid Services: (1) existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement. And (2) any best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the quality assessment and performance improvement program, as required by the conditions of participation for hospitals under title XVIII (Medicare) of the Social Security Act. Directs the Secretary to establish the Culture of Safety Hospital Accountability demonstration program to support establishing partnerships and other cooperative approaches among hospitals, state health care agencies, and HHS to promote and implement the best practices.","title":"A bill to establish the Culture of Safety Hospital Accountability Study and Demonstration Program.","text_len":10037,"sum_len":920} {"bill_id":"112_hr3131","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) Since 1948, the United States, Greece, and the \n international community at large have recognized Israel's right \n to exist and to defend itself and conduct legitimate self-\n defense.\n (2) Since 2001, Hamas, the Palestinian Islamic Jihad and \n the other Palestinian terrorist organizations operating in the \n Gaza Strip and supported by Iran and Syria have launched over \n 10,000 rockets into Israeli civilian populations and across \n Israeli territory.\n (3) Since the beginning of 2010, Israel has provided over \n 100,000 tons of aid to the people living in Gaza.\n (4) Israel's blockade is acknowledged by the United States \n as necessary and legal given Hamas' control of Gaza, intention \n to secure greater weaponry for aggressive purposes and open \n desire to destroy Israel.\n (5) According to sources, the United Nations-commissioned \n Palmer Report which was released on July 7, 2011, concludes \n that the Israeli naval blockade on Gaza is legal and is in \n accordance with international law.\n (6) The Israeli Government has repeatedly indicated that \n any desire to provide humanitarian materiel to Gaza can be done \n through the port of Ashdod then delivered to Gaza by land.\n (7) Recent past history has suggested that the sole intent \n of the flotillas is to provoke an Israeli military response in \n the international waters of the eastern Mediterranean Sea.\n (8) The Central Intelligence Agency and the Department of \n the Treasury have determined that flotilla organizers Free Gaza \n and the Insan Hak ve Hurriyetleri ve Insani Yardim Vakfi (IHH), \n an Islamic nongovernmental organization (known in English as \n the Foundation for Human Rights and Freedoms and Humanitarian \n Relief), have known terrorist ties.\n (9) In 2010, IHH organized a flotilla that included the \n ship Mavi Marmara carrying 40 IHH members, including Fatima \n Mahmadi, Ken O'Keefe, Hassan Iynasi, Hussein Urosh, Ahmad \n Umimon, and others with known links to Al Qaeda, Hamas, and \n other terrorist organizations who were armed with 100 metal \n rods, 200 knives, 150 military self-defense vests, 50 wooden \n clubs, gas masks, and a telescopic sight for a gun.\n (10) The explicit objective of the Gaza Flotilla organizers \n that set sail in 2010 was to breach Israel's coastal security \n by breaking the lawful and legitimate Israeli maritime security \n perimeter around the Gaza Strip.\n (11) According to a June 7, 2010, report by the \n Intelligence and Terrorism Information Center (known by its \n Hebrew acronym MALAM), based on security interviews of the Gaza \n Flotilla participants, at least 40 of the 500 passengers aboard \n the Mavi Marmara vessel were IHH operatives who boarded the \n ship in an Istanbul port prior to the security checks conducted \n at the port in Antalya, Turkey, to which the other passengers, \n mostly humanitarian volunteers, were subject.\n (12) According to this Intelligence and Terrorism \n Information Center report, these IHH activists were equipped \n with communications equipment, flak jackets, and gas masks.\n (13) The group operated with a clear internal hierarchy, \n with specific activists nominated as fighting commanders and \n who turned the upper deck of the Mavi Marmara into its \n headquarters, blocking it off to other passengers.\n (14) In the most recent organization of a Gaza flotilla, \n Greece worked with the Israeli Government in order to prohibit \n any violations of Israel's legal blockade of Gaza.\n (15) Greece has proven itself to be a strategic partner and \n ally of the United States in anchoring political stability and \n advancing economic development in the Balkan and Black Sea \n regions of southeast Europe and Eurasia, in the Middle East and \n northern Africa, and throughout the eastern Mediterranean Sea.\n (16) Greece is an active participant in peacekeeping and \n peace-building operations conducted by international \n organizations, including the United Nations, the North Atlantic \n Treaty Organization (NATO), the European Union (EU), and the \n Organization for Security and Cooperation in Europe (OSCE).\n (17) Greece acted without hesitation in prohibiting any \n Greek-flagged or foreign-flagged vessels from setting sail out \n of Greek ports into the water of the Gaza naval blockade.\n (18) Pursuant to a decision by the Minister of Citizen \n Protection, Mr. C. Papoutsis, the departure of ships with Greek \n and foreign flags from Greek ports to Gaza was prohibited on \n July 1, 2011, and the Hellenic Coast Guard ordered that all \n appropriate measures be taken for the implementation of such \n decision.\n (19) The Greek Government worked diligently to ensure the \n safety of even the organizers of the flotilla knowing that \n their reckless, irresponsible, and provocative acts against a \n sovereign country engaged in self-defense could result in great \n bodily harm or even death to themselves and other individuals.\n (20) The Greek Government took more extraordinary measures \n to ensure that the broader maritime area of the eastern \n Mediterranean Sea would be continuously monitored by electronic \n means for tracking, where applicable, the movements of the \n ships allegedly participating in such an illegal campaign.\n (21) Greek authorities boarded ships and took into custody \n several individuals, including Captain John Klusmire of the \n ship Audacity of Hope as it violated Greek Coast Guard orders \n by setting sail without permission.\n (22) Greek authorities acted in accordance with the \n recommendation of the Quartet--the United States, the European \n Union, the United States and Russia--as it urged countries to \n prohibit Gaza-bound flotillas that would serve solely to \n escalate tension in the Middle East.\n\nSEC. 2. DECLARATION OF CONGRESS.\n\n Congress--\n (1) notes the important role that Greece has played in the \n wider European, Eurasian, and Middle Eastern regions, and in \n the community of nations by promoting, peace, freedom, \n democracy, and security; and\n (2) stands behind Israel for its sovereign right to defend \n its citizens and its territory, and specifically for its \n actions to prevent the import of offensive weaponry into the \n hands of Hamas, Palestinian Jihad, and other terrorist \n organizations in the Gaza Strip.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that the United States should take \nappropriate diplomatic steps to express gratitude to Greece for \nupholding the rule of law in preventing hostile forces from violating a \nlegal naval blockade of Gaza by Israel and thereby advancing the \nsecurity of its ally Israel.\n\nSEC. 4. REPORT.\n\n (a) In General.--Not later than six months after the date of the \nenactment of this Act, the Secretary of State shall submit to the \nCommittee on Foreign Affairs of the House of Representatives and the \nCommittee on Foreign Relations of the Senate a report on whether any \nsupport organization that participated in the planning or execution of \nthe recent Gaza flotilla attempt should be designated as a foreign \nterrorist organization pursuant to section 219 of the Immigration and \nNationality Act (8 U.S.C. 1189).\n (b) Contents.--The report required under subsection (a) shall \ninclude information on the following:\n (1) The sources of any logistical, technical, or financial \n support for the Gaza flotilla ships, including the Audacity of \n Hope, that were set to set sail from Greece on July 1, 2011.\n (2) Any actions taken by the Department of State to express \n support and gratitude for the principled stance taken by the \n Government of Greece to prevent the recent Gaza flotilla \n attempt to violate Israel's lawful blockade of Gaza.","summary":"Expresses the sense of Congress that the United States should take diplomatic steps to express gratitude to Greece for upholding the rule of law in preventing hostile forces from violating a legal naval blockade of Gaza by Israel and thereby advancing the security of its ally Israel. Directs the Secretary of State to report to Congress on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization.","title":"To direct the Secretary of State to submit a report on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization and any actions taken by the Department of State to express gratitude to the government of Greece for preventing the Gaza flotilla from setting sail in contravention of Israel's legal blockade of Gaza, and for other purposes.","text_len":8587,"sum_len":514} {"bill_id":"111_hr4908","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campus Fire Safety Education Act of \n2010''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to help provide fire safety education \nand training to students attending institutions of higher education.\n\nSEC. 3. ESTABLISHMENT OF THE CAMPUS FIRE SAFETY EDUCATION COMPETITIVE \n GRANT PROGRAM.\n\n (a) Authorization of Grant Program.--From the amounts appropriated \nunder section 7, the Secretary, in consultation with the Administrator, \nshall establish a grant program to award grants, on a competitive \nbasis, to eligible entities for--\n (1) initiating, expanding, or improving fire safety \n education programs at institutions of higher education; and\n (2) increasing fire safety awareness among students \n enrolled at such institutions, including students living in \n off-campus housing.\n (b) Application.--To seek a grant under this Act, an eligible \nentity shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n (c) Selection Priority.--In making grants under this Act, the \nSecretary shall give priority to eligible entities that plan to use \ngrant funds received under this Act to initiate, expand, or improve \nfire safety education programs that include educational material \nspecifically prepared for students with physical, sensory, or cognitive \ndisabilities.\n (d) Grant Period.--Grants under this Act shall be awarded for not \nlonger than a 2-year period, and may be renewed for an additional 2-\nyear period, at the Secretary's discretion.\n (e) Grant Size.--The Secretary shall ensure that grants awarded \nunder this Act are of sufficient size and scope to enable grantees to \ncarry out all required activities and otherwise meet the purpose of \nthis Act, except that an eligible entity may not be awarded more than \n$250,000 per fiscal year under this Act.\n (f) Matching Requirement.--An eligible entity receiving a grant \nunder this Act shall provide non-Federal matching funds in an amount \nequal to not less than 25 percent of the costs of the activities for \nwhich assistance is sought. Such non-Federal matching funds may be in \ncash or in kind.\n (g) Supplement Not Supplant.--Funds made available under this Act \nshall be used to supplement, not supplant, other Federal, State, or \nprivate funds that would otherwise be expended to carry out fire safety \neducation programs.\n\nSEC. 4. REQUIRED USES OF FUNDS.\n\n (a) Required Uses of Funds.--An eligible entity receiving a grant \nunder this Act shall use grant funds to initiate, expand, or improve a \nfire safety education program that--\n (1) in the case of an eligible entity that is an \n institution of higher education, reaches, to the extent \n practicable, all students enrolled in the institution of higher \n education, including students living on-campus and off-campus;\n (2) is carried out in a manner to ensure maximum exposure \n to, increased awareness of, and effectuate change in behavior \n with respect to fire safety by students through--\n (A) conducting outreach to students at a minimum of \n twice per academic year (at the beginning of the fall \n and spring semesters, or the equivalent); and\n (B) measures that provide fire safety information \n to any student upon the request of the student;\n (3) includes minimum instruction with respect to--\n (A) awareness of fire behavior;\n (B) mechanisms of fire injury and death;\n (C) common ignition scenarios;\n (D) fire safety systems such as automatic fire \n sprinklers;\n (E) fire alarms;\n (F) fire extinguishers; and\n (G) importance of means of egress; and\n (4) includes a mechanism for carrying out the evaluations \n described in subsection (b).\n (b) Evaluations.--Not later than 6 months after the end of an \neligible entity's grant period, the eligible entity shall--\n (1) conduct an evaluation on the effectiveness of the \n program carried out by the entity in increasing awareness or \n improving fire safety behavior at such entity; and\n (2) prepare and submit to the Secretary a report on the \n results of the evaluation conducted by the entity.\n\nSEC. 5. REPORTS.\n\n (a) Report to Congress.--Not later than 12 months after the date of \nreceipt of the first report submitted pursuant to section 4(b)(2) and \nannually thereafter, the Secretary shall provide to Congress a report \nthat includes the following:\n (1) The number and types of eligible entities receiving \n assistance under this Act.\n (2) The fire safety education programs being implemented \n with assistance under this Act and the costs of such programs.\n (3) Any other information determined by the Secretary to be \n useful in evaluating the overall effectiveness of the program \n established under this Act in improving the fire safety \n knowledge of college students.\n (b) Best Practices Report.--The Secretary, in consultation with the \nAdministrator, shall use the information provided under subsection (a) \nto publish a report of best practices for initiating, expanding, or \nimproving fire safety education programs that shall be made available \nto all institutions of higher education and other interested parties.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the United States Fire Administration of the \n Federal Emergency Management Agency.\n (2) Fire safety education program.--The term ``fire safety \n education program'' means a program that provides fire safety \n and prevention activities.\n (3) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given to \n such term in section 101 of the Higher Education Act of 1965 \n (20 U.S.C. 1001).\n (4) Eligible entity.--The term ``eligible entity'' means \n either of the following:\n (A) An institution of higher education, including \n an institution of higher education in a collaborative \n partnership with--\n (i) a nonprofit or fire safety \n organization;\n (ii) a public safety department; or\n (iii) a social fraternity or sorority \n exempt from taxation under section 501(a) of \n the Internal Revenue Code of 1986 (26 U.S.C. \n 501(a)), the active membership of which \n consists primarily of students in attendance at \n the institution of higher education.\n (B) A consortium of institutions of higher \n education located in the same State.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$25,000,000 for each of fiscal years 2011 through 2015.","summary":"Campus Fire Safety Education Act of 2010 - Directs the Secretary of Education to establish a program to award grants, on a competitive basis, to institutions of higher education or consortiums of such institutions for: (1) initiating, expanding, or improving fire safety education programs. And (2) increasing fire safety awareness among enrolled students. Directs the Secretary to give priority to institutions that plan to use funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. Sets forth provisions regarding grant periods, limits on awards, and matching and other requirements. Requires an institution to use grant funds to initiate, expand, or improve a fire safety education program that: (1) reaches all enrolled students. (2) ensures maximum exposure to and increased awareness of, and that effectuates change in behavior regarding, fire safety by students through conducting outreach to students a minimum of twice per academic year and through measures that provide fire safety information to any student upon request. (3) includes minimum instruction regarding fire behavior, fire injury and death, ignition scenarios, fire safety systems and equipment, and the importance of means of egress. And (4) includes a mechanism for carrying out evaluations of program effectiveness. Requires the Secretary to publish a report of best practices for initiating, expanding, or improving fire safety education programs.","title":"To authorize the Secretary of Education to make grants to support fire safety education programs on college campuses.","text_len":7529,"sum_len":1558} {"bill_id":"107_hr2930","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Terrorism Elimination Act of 2001''.\n\nSEC. 2. COUNTER-TERRORISM TRUST FUND.\n\n (a) In General.--Subchapter A of chapter 98 of the Internal Revenue \nCode of 1986 (relating to trust fund code) is amended by adding at the \nend the following new section:\n\n``SEC. 9511. COUNTER-TERRORISM TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Counter-Terrorism \nTrust Fund', consisting of such amounts as may be appropriated or \ncredited to the Counter-Terrorism Trust Fund as provided in this \nsection or section 9602(b).\n ``(b) Transfer to Counter-Terrorism Trust Fund of Amounts \nDesignated.--\n ``(1) In general.--There is hereby appropriated to the \n Counter-Terrorism Trust Fund amounts equivalent to the amounts \n designated under section 6097 and received in the Treasury.\n ``(2) Other contributions.--The Secretary shall prescribe \n procedures under which persons may make contributions to the \n Counter-Terrorism Trust Fund other than as provided in section \n 6097.\n ``(c) Expenditures From Trust Fund.--\n ``(1) In general.--Amounts in the Counter-Terrorism Trust \n Fund shall be available, as provided in appropriation Acts, for \n purposes of making expenditures for counter-terrorism efforts \n by the United States.\n ``(2) Administrative expenses.--Amounts in the Counter-\n Terrorism Trust Fund shall be available to pay the \n administrative expenses of the Department of the Treasury \n directly allocable to--\n ``(A) modifying the income tax return forms to \n carry out section 6097,\n ``(B) carrying out this chapter with respect to \n such Fund, and\n ``(C) processing amounts received under section \n 6097 and transferring such amounts to such Fund.''\n (b) Clerical Amendment.--The table of sections for such subchapter \nA is amended by adding at the end the following new item:\n\n ``Sec. 9511. Counter-Terrorism Trust \n Fund.''\n\nSEC. 3. AUTHORIZATION FOR THE ISSUANCE OF FREEDOM BONDS.\n\n Section 3102 of title 31, United States Code, is amended by adding \nat the end the following:\n ``(f) Issuance of Freedom Bonds.--\n ``(1) In general.--The Secretary may issue bonds under this \n section, to be known as `Freedom Bonds', in response to the \n acts of terrorism perpetrated against the United States on \n September 11, 2001.\n ``(2) Use of proceeds.--Proceeds from the issuance of \n Freedom Bonds shall be used to raise funds to assist in \n recovery operations following the terrorist acts referred to in \n paragraph (1) and for efforts to combat terrorism.\n ``(3) Form.--The bonds authorized by paragraph (1) shall be \n in such form and denominations, and shall be subject to such \n terms and conditions of issue, conversion, redemption, \n maturation, payment, and rate of interest as the Secretary may \n prescribe.''.\n\nSEC. 4. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR COUNTER-\n TERRORISM EFFORTS.\n\n (a) In General.--Subchapter A of chapter 61 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new part:\n\n ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR COUNTER-\n TERRORISM EFFORTS\n\n ``Sec. 6097. Designation.\n\n``SEC. 6097. DESIGNATION.\n\n ``(a) In General.--With respect to each taxpayer's return for the \ntaxable year of the tax imposed by chapter 1, such taxpayer may \ndesignate that--\n ``(1) a specified portion (but not less than $1) of any \n overpayment of tax for such taxable year, and\n ``(2) any cash contribution which the taxpayer includes \n with such return,\nshall be deposited into the Counter-Terrorism Trust Fund.\n ``(b) Manner and Time of Designation.--A designation under \nsubsection (a) may be made with respect to any taxable year only at the \ntime of filing the return of the tax imposed by chapter 1 for such \ntaxable year. Such designation shall be made in such manner as the \nSecretary prescribes by regulations except that such designation shall \nbe made either on the first page of the return or on the page bearing \nthe taxpayer's signature.\n ``(c) Overpayments Treated as Refunded.--For purposes of this \ntitle, any portion of an overpayment of tax designated under subsection \n(a) shall be treated as being refunded to the taxpayer as of the last \ndate prescribed for filing the return of tax imposed by chapter 1 \n(determined without regard to extensions) or, if later, the date the \nreturn is filed.''\n (b) Clerical Amendment.--The table of parts for subchapter A of \nchapter 61 of such Code is amended by adding at the end thereof the \nfollowing new item:\n\n ``Part IX. Designation of overpayments \n and contributions for counter-\n terrorism efforts.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 5. VISA APPLICATION SURCHARGE FOR COUNTER-TERRORISM.\n\n (a) In General.--Notwithstanding any other provision of law, in \naddition to such other fees as are authorized to be charged for the \nconsideration or processing of an application for an immigrant or \nnonimmigrant visa under the Immigration and Nationality Act, the \nAttorney General shall impose an additional 15 percent surcharge.\n (b) Deposit of Surcharge Into the Counter-Terrorism Trust Fund.--\nAmounts collected pursuant to the surcharge under subsection (a) shall \nbe held in a separate account and transferred to the Counter-Terrorism \nTrust Fund established under section 9511 of the Internal Revenue Code \nof 1986.","summary":"Terrorism Elimination Act of 2001 - Amends the Internal Revenue Code to establish in the US Treasury the Counter-Terrorism Trust Fund. Provides that amounts in the Counter-Terrorism Trust Fund shall be available, as provided in appropriation Acts, for purposes of making expenditures for counter-terrorism efforts by the United States. Authorizes the issuance of bonds to be known as Freedom Bonds, in response to the acts of terrorism perpetrated against the United States on September 11, 2001. Requires proceeds from the issuance of Freedom Bonds to be used to raise funds to assist in recovery operations following such terrorist acts and for efforts to combat terrorism. Permits a taxpayer to designate that a specified portion of any tax overpayment and any cash contribution which the taxpayer includes with such return be deposited into the Counter-Terrorism Trust Fund. Requires, in addition to other fees authorized to be charged for the consideration or processing of an application for an immigrant or nonimmigrant visa under the Immigration and Nationality Act, the Attorney General to impose an additional 15 percent surcharge. Requires amounts collected pursuant to such surcharge to be held in a separate account and transferred to the Counter-Terrorism Trust Fund.","title":"To provide for creation of a Counter-terrorism Trust Fund, to provide for the issuance of Freedom Bonds, to allow taxpayers to contribute income tax refunds and other amounts to support counter-terrorism efforts, and for other purposes.","text_len":6164,"sum_len":1281} {"bill_id":"110_hr6767","text":"SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Target Practice \nand Marksmanship Training Support Act''.\n (b) Findings.--The Congress finds the following:\n (1) Use of firearms for target practice and marksmanship \n training on Federal lands is allowed except to the extent \n specific portions of such lands have been closed to such \n activities.\n (2) In recent years, considerations of public safety have \n made it necessary to close additional portions of Federal lands \n to target practice and marksmanship training, especially in \n States that have experienced significant population growth.\n (3) Use of public target ranges on Federal lands is often \n more consistent with public safety and convenience than use of \n undeveloped Federal lands for target practice and marksmanship \n training.\n (4) It is in the public interest for the Federal Government \n to provide support for construction or expansion of public \n target ranges, especially in States where population growth and \n patterns of settlement in recent years have made it necessary \n to prohibit such activities on Federal lands where target \n practice and marksmanship training were formerly allowed.\n (5) Current law, including the Pittman-Robertson Wildlife \n Restoration Act, provides Federal support for construction or \n expansion of public target ranges by making available to States \n funds that can be used for construction, operation, and \n maintenance of public target ranges.\n (6) It is in the public interest to provide greater Federal \n support to facilitate construction or expansion of public \n target ranges in States that have experienced population growth \n and a reduction in the number of such target ranges on Federal \n lands.\n (c) Purpose.--The purpose of this Act is to facilitate the \nconstruction and expansion of public target ranges, including ranges on \nFederal lands managed by the Forest Service and Bureau of Land \nManagement, in States that have experienced population growth and a \nreduction in the extent to which target practice and marksmanship \ntraining are permitted on Federal lands in such States.\n\nSEC. 2. FUNDING.\n\n (a) Cost Sharing and Availability of Funds.--Section 10 of the \nPittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is \namended as follows:\n (1) By amending subsection (b) to read as follows:\n ``(b) Cost Sharing.--\n ``(1) In general.--Except as provided by paragraph (2), the \n Federal share of the cost of any activity carried out with a \n grant under this section shall not exceed 75 percent of the \n total cost of the activity.\n ``(2) Public target range construction or expansion.--\n ``(A) The Federal share of the cost of acquiring \n land for, or construction or expansion of, a public \n target range in an eligible State shall not exceed 90 \n percent of such cost.\n ``(B) For purposes of this paragraph, the term \n `eligible State' means a State that, since the most \n recent decennial census, has experienced--\n ``(i) at least a 2 percent growth in \n population, as demonstrated by the State to the \n satisfaction of the Secretary; and\n ``(ii) a reduction in the acreage of \n Federal lands in such State where target \n practice and marksmanship training are \n permitted, as determined by the Secretary.''.\n (2) In subsection (c)(1), by striking the final period and \n inserting the following: ``except that amounts provided for \n acquiring land for, or construction or expansion of, public \n target ranges shall remain available until expended in the case \n of a State that, since the most recent decennial census, has \n experienced--\n ``(A) at least a 2 percent growth in population, as \n demonstrated by the State to the satisfaction of the \n Secretary; and\n ``(B) a reduction in the acreage of Federal lands \n in such State where target practice and marksmanship \n training are permitted, as determined by the \n Secretary.''.\n (b) Use of Wildlife Conservation Funds.--Section 4 of the Pittman-\nRobertson Wildlife Restoration Act (16 U.S.C. 669c) is amended--\n (1) by redesignating subsection (c) (relating to \n apportionment of Wildlife Conservation and Restoration Account) \n as subsection (d) and subsection (d) (relating to Wildlife \n Conservation and Restoration Programs) as subsection (e);\n (2) in subsection (e)(3), as redesignated by paragraph (1), \n by striking ``subsection (c)'' and inserting ``subsection \n (d)''; and\n (3) in subsection (e)(4)(B), as redesignated by paragraph \n (1), by--\n (A) inserting ``(i)'' after ``(B)''; and\n (B) adding at the end the following new clauses:\n ``(ii) During the first fiscal year \n beginning after the date of enactment of the \n Target Practice and Marksmanship Training \n Support Act and each of the 9 subsequent fiscal \n years, not more than 10 percent of the amounts \n apportioned to an eligible State under this \n section for such State's wildlife conservation \n and restoration program may be used for \n acquiring land for, or construction or \n expansion of, public target ranges or for \n assisting a Federal land-management agency with \n environmental remediation or other steps needed \n to allow for public target ranges on Federal \n lands.\n ``(iii) As used in clause (ii), the term \n `eligible State' means a State that, since the \n most recent decennial census, has experienced--\n ``(I) at least a 2 percent growth \n in population, as demonstrated by the \n State to the satisfaction of the \n Secretary; and\n ``(II) a reduction in the acreage \n of Federal lands in such State where \n target practice and marksmanship \n training are permitted, as determined \n by the Secretary.''.\n\nSEC. 3. LIMITS ON LIABILITY.\n\n (a) Discretionary Function.--For purposes of the Federal Tort \nClaims Act (28 U.S.C. 1346(b), 2671-2680), any action by an agent or \nemployee of the United States to authorize use of Federal land for \npurposes of target practice or marksmanship training by members of the \npublic shall be considered to constitute the exercise or performance of \na discretionary function.\n (b) Civil Action or Claims.--Except to the extent provided in the \nFederal Tort Claims Act (28 U.S.C. 1346(b), 2671-2680), the United \nStates shall not be subject to any civil action or claim for money \ndamages for injury or loss of property, or personal injury or death \ncaused by any activity occurring at a public target range that is \nwholly or partially funded by the United States pursuant to this Act or \nlocated on Federal land.\n\nSEC. 4. COOPERATION.\n\n It is the sense of Congress that, consistent with applicable laws \nand regulations, the Forest Service and the Bureau of Land Management \nshould cooperate with State and local authorities and other entities to \ncarry out environmental remediation or other activities on Federal \nlands used as public target ranges in order to avoid closing such lands \nto use for target practice or marksmanship training.","summary":"Target Practice and Marksmanship Training Support Act - Amends the Pittman-Robertson Wildlife Restoration Act to limit the federal share of the cost of acquiring land for, or construction or expansion of, public target ranges in eligible states to 90 of such cost. Defines eligible state to mean a state that, since the most recent decennial census, has experienced: (1) at least a 2 growth in population. And (2) a reduction in the acreage of federal lands in such state where target practice and marksmanship training are permitted. Specifies that amounts made available and apportioned for grants that are provided to eligible states under the firearm and bow hunter education and safety program for acquiring land for, or construction or expansion of, public target ranges shall remain available until they are expended. Permits not more than 10 of the amounts apportioned to an eligible state under the Act for such state's wildlife conservation and restoration program to be used for acquiring land for, or construction or expansion of, public target ranges or for assisting a federal land-management agency with environmental remediation or other steps needed to allow for public target ranges on federal lands.","title":"To facilitate the establishment of additional or expanded public target ranges in certain States.","text_len":8445,"sum_len":1218} {"bill_id":"105_s573","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Loan Interest Forgiveness for \nEducation Act''.\n\nSEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 221 as \nsection 222 and by inserting after section 220 the following:\n\n``SEC. 221. INTEREST ON EDUCATION LOANS.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year an amount equal to \nthe interest paid by the taxpayer during the taxable year on any \nqualified education loan.\n ``(b) Limitation Based on Modified Adjusted Gross Income.--\n ``(1) In general.--If the modified adjusted gross income of \n the taxpayer for the taxable year exceeds $65,000 ($85,000 in \n the case of a joint return), the amount which would (but for \n this paragraph) be allowable as a deduction under this section \n shall be reduced (but not below zero) by the amount which bears \n the same ratio to the amount which would be so allowable as \n such excess bears to $20,000.\n ``(2) Modified adjusted gross income.--For purposes of \n paragraph (1), the term `modified adjusted gross income' means \n adjusted gross income determined--\n ``(A) without regard to this section and sections \n 135, 911, 931, and 933, and\n ``(B) after application of sections 86, 219, and \n 469.\n For purposes of sections 86, 135, 219, and 469, adjusted gross \n income shall be determined without regard to the deduction \n allowed under this section.\n ``(3) Inflation adjustment.--In the case of any taxable \n year beginning after 1997, the $65,000 and $85,000 amounts \n referred to in paragraph (1) shall be increased by an amount \n equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section (1)(f)(3) for the calendar year in which \n the taxable year begins, by substituting `1996' for \n `1992'.\n ``(4) Rounding.--If any amount as adjusted under paragraph \n (3) is not a multiple of $50, such amount shall be rounded to \n the nearest multiple of $50.\n ``(c) Dependents Not Eligible for Deduction.--No deduction shall be \nallowed by this section to an individual for the taxable year if a \ndeduction under section 151 with respect to such individual is allowed \nto another taxpayer for the taxable year beginning in the calendar year \nin which such individual's taxable year begins.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Qualified education loan.--The term `qualified \n education loan' means any indebtedness incurred to pay \n qualified higher education expenses--\n ``(A) which are incurred on behalf of the taxpayer, \n the taxpayer's spouse, or any dependent of the taxpayer \n as of the time the indebtedness was incurred,\n ``(B) which are paid or incurred within a \n reasonable period of time before or after the \n indebtedness is incurred, and\n ``(C) which are attributable to education furnished \n during a period during which the recipient was at least \n a half-time student.\n Such term includes indebtedness used to refinance indebtedness \n which qualifies as a qualified education loan. The term \n `qualified education loan' shall not include any indebtedness \n owed to a person who is related (within the meaning of section \n 267(b) or 707(b)(1)) to the taxpayer.\n ``(2) Qualified higher education expenses.--The term \n `qualified higher education expenses' means the cost of \n attendance (as defined in section 472 of the Higher Education \n Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before \n the date of the enactment of this Act) of the taxpayer or the \n taxpayer's spouse at an eligible educational institution, \n reduced by the sum of--\n ``(A) the amount excluded from gross income under \n section 135 by reason of such expenses, and\n ``(B) the amount of the reduction described in \n section 135(d)(1).\n For purposes of the preceding sentence, the term `eligible \n educational institution' has the same meaning given such term \n by section 135(c)(3), except that such term shall also include \n an institution conducting an internship or residency program \n leading to a degree or certificate awarded by an institution of \n higher education, a hospital, or a health care facility which \n offers postgraduate training.\n ``(3) Half-time student.--The term `half-time student' \n means any individual who would be a student as defined in \n section 151(c)(4) if `half-time' were substituted for `full-\n time' each place it appears in such section.\n ``(4) Dependent.--The term `dependent' has the meaning \n given such term by section 152.\n ``(e) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this section for any amount for which a deduction \n is allowable under any other provision of this chapter.\n ``(2) Married couples must file joint return.--If the \n taxpayer is married at the close of the taxable year, the \n deduction shall be allowed under subsection (a) only if the \n taxpayer and the taxpayer's spouse file a joint return for the \n taxable year.\n ``(3) Marital status.--Marital status shall be determined \n in accordance with section 7703.''.\n (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Section 62(a) of the Internal Revenue Code of 1986 \n(defining adjusted gross income) is amended by inserting after \nparagraph (16) the following:\n ``(17) Interest on education loans.--The deduction allowed \n by section 221.''.\n (c) Reporting Requirement.--\n (1) In general.--Subpart B of part III of subchapter A of \n chapter 61 of the Internal Revenue Code of 1986 (relating to \n information concerning transactions with other persons) is \n amended by inserting after section 6050R the following:\n\n``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN \n TRADE OR BUSINESS FROM INDIVIDUALS.\n\n ``(a) Education Loan Interest of $600 or More.--Any person--\n ``(1) who is engaged in a trade or business, and\n ``(2) who, in the course of such trade or business, \n receives from any individual interest aggregating $600 or more \n for any calendar year on 1 or more qualified education loans,\nshall make the return described in subsection (b) with respect to each \nindividual from whom such interest was received at such time as the \nSecretary may by regulations prescribe.\n ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n ``(1) is in such form as the Secretary may prescribe,\n ``(2) contains--\n ``(A) the name, address, and TIN of the individual \n from whom the interest described in subsection (a)(2) \n was received,\n ``(B) the amount of such interest received for the \n calendar year, and\n ``(C) such other information as the Secretary may \n prescribe.\n ``(c) Application to Governmental Units.--For purposes of \nsubsection (a)--\n ``(1) Treated as persons.--The term `person' includes any \n governmental unit (and any agency or instrumentality thereof).\n ``(2) Special rules.--In the case of a governmental unit or \n any agency or instrumentality thereof--\n ``(A) subsection (a) shall be applied without \n regard to the trade or business requirement contained \n therein, and\n ``(B) any return required under subsection (a) \n shall be made by the officer or employee appropriately \n designated for the purpose of making such return.\n ``(d) Statements To Be Furnished to Individuals With Respect To \nWhom Information Is Required.--Every person required to make a return \nunder subsection (a) shall furnish to each individual whose name is \nrequired to be set forth in such return a written statement showing--\n ``(1) the name and address of the person required to make \n such return, and\n ``(2) the aggregate amount of interest described in \n subsection (a)(2) received by the person required to make such \n return from the individual to whom the statement is required to \n be furnished.\nThe written statement required under the preceding sentence shall be \nfurnished on or before January 31 of the year following the calendar \nyear for which the return under subsection (a) was required to be made.\n ``(e) Qualified Education Loan Defined.--For purposes of this \nsection, except as provided in regulations prescribed by the Secretary, \nthe term `qualified education loan' has the meaning given such term by \nsection 221(d)(1).\n ``(f) Returns Which Would Be Required To Be Made by 2 or More \nPersons.--Except to the extent provided in regulations prescribed by \nthe Secretary, in the case of interest received by any person on behalf \nof another person, only the person first receiving such interest shall \nbe required to make the return under subsection (a).''.\n (2) Assessable penalties.--Section 6724(d) of such Code \n (relating to definitions) is amended--\n (A) in paragraph (1)(B), by redesignating clauses \n (x) through (xv) as clauses (xi) through (xvi), \n respectively, and by inserting after clause (ix) the \n following new clause:\n ``(x) section 6050S (relating to returns \n relating to education loan interest received in \n trade or business from individuals),'', and\n (B) in paragraph (2), by striking ``or'' at the end \n of the next to last subparagraph, by striking the \n period at the end of the last subparagraph and \n inserting ``, or'', and by adding at the end the \n following new subparagraph:\n ``(Z) section 6050S(d) (relating to returns \n relating to education loan interest received in trade \n or business from individuals).''.\n (d) Conforming Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by striking the last item and inserting the following:\n\n ``Sec. 221. Interest on education loans.\n ``Sec. 222. Cross reference.''.\n\n (e) Effective Date.--The amendments made by this section shall \napply to any qualified education loan (as defined in section 221(d)(1) \nof the Internal Revenue Code of 1986, as added by this section) \nincurred on, before, or after the date of the enactment of this Act, \nbut only with respect to any loan interest payment due after December \n31, 1996.","summary":"Loan Interest Forgiveness for Education Act - Amends the Internal Revenue Code to allow a limited deduction on an amount equal to the interest paid by a taxpayer on any qualified educational loan.","title":"Loan Interest Forgiveness for Education Act","text_len":11806,"sum_len":196} {"bill_id":"105_hr1900","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Depository Institution Consumer \nProtection Act of 1997''.\n\nSEC. 2. CONSUMER PROTECTION REGULATIONS REQUIRED.\n\n (a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811 \net seq.) is amended by adding at the end the following new section:\n\n``SEC. 45. CONSUMER PROTECTION REGULATIONS.\n\n ``(a) Regulations Required.--\n ``(1) In general.--Each Federal banking agency shall \n prescribe and publish in final form not later than six months \n after the date of enactment of this section of consumer \n protection regulations which--\n ``(A) apply to sales, solicitations, advertising or \n offers of any nondeposit product by any retail \n depository institution, any affiliate or subsidiary of \n a retail depository institution, or any person who is \n engaged in such activities at an office of the \n institution or on behalf of the institution; and\n ``(B) meet the requirements of this section and \n provide such additional protections for consumers to \n whom such sales, solicitations, advertising or offers \n are directed as the agency determines to be \n appropriate.\n ``(2) Consultation and joint regulations.--The Federal \n banking agencies shall consult with each other and the SEC \n regarding the regulations required to be prescribed pursuant to \n paragraph (1) and to the greatest extent practicable shall \n prescribe such regulations jointly.\n ``(3) Nondeposit product defined.--For purposes of this \n section, the term `nondeposit product'--\n ``(A) means any investment and insurance product \n which is not an insured deposit;\n ``(B) includes shares issued by a registered \n investment company; and\n ``(C) does not include--\n ``(i) any loan or any other extension of \n credit by an insured depository institution;\n ``(ii) any letter of credit; or\n ``(iii) any other instrument or insurance \n or investment product specifically excluded \n from the definition of such term by regulations \n prescribed jointly by the Federal banking \n agencies, to the extent necessary to carry out \n the purpose of this Act.\n ``(b) Sales Practices.--The regulations prescribed pursuant to \nsubsection (a) shall include the following provisions relating to sales \npractices in connection with the sale of nondeposit products:\n ``(1) Anticoercion rules.--\n ``(A) In general.--Anticoercion rules prohibiting \n depository institutions from making any extension of \n credit conditional upon:\n ``(i) the purchase of a nondeposit product \n from the same retail depository institutions, \n or an affiliate, subsidiary or agent of that \n retail depository institution; or\n ``(ii) an agreement by the consumer not to \n obtain, or a prohibition on the consumer from \n obtaining, a nondeposit product from an \n unaffiliated entity.\n ``(B) Product marketing.--Specific rules \n prohibiting depository institutions, or their \n affiliates, subsidiaries or agents from marketing \n nondeposit products to consumers while applications for \n extensions of credit from the depository institution \n are pending, unless such marketing is done by mail, \n separate and distinct from any processing, discussion \n or provision of information regarding the application \n for an extension of credit.\n ``(2) Suitability of product.--\n ``(A) In general.--Standards to ensure that \na nondeposit product sold to a consumer is suitable and appropriate for \nthe consumer based on financial information disclosed by the consumer.\n ``(B) Rules of fair practice.--In prescribing the \n standards under subparagraph (A) with respect to the \n sale of investments, the Federal banking agencies shall \n take into account the Rules of Fair Practice of the \n National Association of Securities Dealers.\n ``(c) Disclosures and Advertising.--The regulations prescribed \npursuant to subsection (a) shall include the following provisions \nrelating to disclosures and advertising in connection with the sale of \nnondeposit products:\n ``(1)(A) Disclosures.--Requirements that the following \n disclosures be made orally and in writing before the completion \n of the sale and, additionally, in the case of subparagraph \n (iv), at the time of application for an extension of credit:\n ``(i) Uninsured status.--The product is not insured \n by the Federal Deposit Insurance Corporation or the \n United States Government.\n ``(ii) Insurance product.--In the case of an \n insurance policy which is sold by the retail depository \n institution, affiliate, subsidiary or other person as \n agent, the product is not guaranteed by the retail \n depository institution.\n ``(iii) Investment risk.--In the case of an \n investment product, there is an investment risk \n associated with the product, including possible loss of \n principal.\n ``(iv) Coercion.--The approval, by the retail \n depository institution, of an extension of credit may \n not be conditioned on:\n ``(I) the purchase of a nondeposit product \n which is sold by the retail depository \n institution, affiliate, or other person as \n agent; or\n ``(II) an agreement by the consumer not to \n obtain, or a prohibition on the consumer from \n obtaining, a nondeposit product from an \n unaffiliated entity.\n ``(B) Adjustments for alternative methods of purchase.--In \n prescribing the requirements under subparagraph (A), necessary \n adjustments shall be made for purchase in person, by telephone \n or by electronic media to provide for the most appropriate and \n complete form of disclosure.\n ``(C) Consumer acknowledgement.--A requirement that a \n retail depository institution shall require any person selling \n a nondeposit product at any office of, or on behalf of, the \n institution to obtain, at the time of the initial purchase by \n the consumer of such product, a separate statement, signed and \n dated by the consumer, which contains the declaration that the \n purchaser has received the disclosure required under this \n subsection with respect to such product. Notwithstanding any \n rule of evidence, written acknowledgement of receipt of any \n disclosures by a person to whom such information is required to \n be given does no more than create a rebuttable presumption of \n delivery thereof.\n ``(2) Prohibition on misrepresentations.--A prohibition on \n any practice, or any advertising, at any office of, or on \n behalf of, the retail depository institution which could \n mislead any person or otherwise cause a reasonable person to \n reach an erroneous belief with respect to--\n ``(i) the uninsured nature of any nondeposit \n product sold, or offered for sale by the institution or \n any affiliate or agent of the institution; or\n ``(ii) the investment risk associated with any such \n product.\n ``(d) Separation of Banking and Nonbanking Activities.--The \nregulations prescribed pursuant to subsection (a) shall include such \nprovisions as the Federal banking agencies consider appropriate to \nensure that the acceptance of deposits or the extension of credit by a \ndepository institution, are kept physically segregated from nondeposit \nproduct activity. These provisions should include at a minimum the \nfollowing provisions:\n ``(1) Separate setting.--A clear delineation of the setting \n in which, and the circumstances under which, transactions \n involving nondeposit products may be effected, and referrals \n made, to ensure that such activity is conducted in a location \n physically segregated from the area where retail deposits are \n accepted, extensions of credit are granted or insured products \n are sold by or on behalf of a depository institution.\n ``(2) Certain persons prohibited from selling nondeposit \n products.--Standards prohibiting any person who accepts \n deposits from the public at any office of, or on behalf of, an \n insured depository institution from selling or offering to \n sell, or offering an opinion or investment advice on, any \n nondeposit product.\n ``(3) Referral.--Notwithstanding paragraph (2), the \n regulations shall include standards requiring that a person who \n accepts deposits from the public at any office of, or on behalf \n of, an insured depository institution may refer a customer who \n seeks to purchase, or seeks an opinion or investment advice on, \n any nondeposit product to a person who sells or provides \n opinions or investment advice on such product only if--\n ``(A) the consumer explicitly requests such \n referral; and\n ``(B) the person who accepts deposits--\n ``(i) does not solicit such request;\n ``(ii) discloses to the consumer that such \n product is not insured by the institution, the \n Federal Deposit Insurance Corporation, or the \n United States Government, or the institution; \n and\n ``(iii) does not receive any compensation \n for the referral.\n ``(4) Qualification requirements and training.--Standards \n prohibiting any depository institution from permitting any \n person to sell or offer for sale, or provide an opinion or \n investment advice about, any nondeposit product in any part of \n any office of the institution, or on behalf of the institution, \n unless such person--\n ``(A) is registered with the Securities and \n Exchange Commission as a broker or dealer, as a \n representative of a broker or dealer, or as an \n investment adviser; or\n ``(B) meets qualification and training requirements \n which the Federal banking agencies jointly determine \n are equivalent to the training and qualification \n requirements applicable to a person who is registered \n with the Commission as a broker or dealer, as a \n representative of a broker or dealer, or as an \n investment adviser, as the case may be; or\n ``(C) in the case of insurance sales, is qualified \n in accordance with regulations promulgated by the \n Federal banking regulators or in accordance with state \n law, as appropriate.\n ``(5) Compensation programs.--Standards to ensure that \n compensation programs are not structured in such a way as to \n provide incentives for the referral or sales of nondeposit \n products that are not suitable or appropriate for the consumer.\n ``(e) Consumer Enforcement Mechanism.--The Federal banking \nregulators shall jointly establish a consumer enforcement mechanism for \nreceiving and resolving within nine months of receipt of a written \ncomplaint non-frivolous consumer complaints involving an alleged \nviolation of regulations issued under this section which shall:\n ``(1) involve an impartial decisionmaker;\n ``(2) allow consumers to recover from an institution that \n violates the regulations established under this section;\n ``(3) provide a written statement of the basis for any \n decision and a public record of the proceedings.\n ``(f) Use of Names of Depository Institutions.--No insured \ndepository institution, and no affiliate of any insured depository \ninstitution, may use or permit any other person to use the name, title, \nor logo of such institution or any word or design which is the same as, \nor substantially similar to, the name, title, or logo of such \ninstitution in connection with any nondeposit product--\n ``(1) which is offered for sale by the institution or \n affiliate or by any other person at any office, of, or on \n behalf of, the institution; or\n ``(2) with respect to which the institution, affiliate, or \n other person provides an opinion or advice.\n ``(g) Requirements Relating to Confidential Consumer Financial \nInformation.--No retail depository institution shall disclose to any \naffiliate or subsidiary of that institution that is not a retail \ndepository institution, and no affiliate of that company that is not an \ninsured depository institution shall disclose to any other affiliate \nthat is an insured depository institution or a subsidiary thereof, any \ninformation regarding transactions or experiences between a consumer \nand the depository institution affiliate or subsidiary in a position to \ndisclose this information unless the consumer--\n ``(1) has received clear and conspicuous disclosure that \n such information may be communicated among such persons; and\n ``(2) has had an opportunity, before such information is \n initially communicated, to direct that such information not be \n communicated among such persons. The provisions of the Fair \n Credit Reporting Act shall otherwise with regard to the sharing \n of information among affiliates; except that section 615(b)(2) \n of such Act shall apply without regard to section \n 615(b)(2)(C)(ii).\n ``(h) No Effect On Other Authority.--\n ``(1) In general.--No provision of this section shall be \n construed as limiting or otherwise affecting--\n ``(A) any authority of the Securities and Exchange \n Commission, any self-regulatory organization, the \n Municipal Securities Rulemaking Board, or the Secretary \n of the Treasury under any Federal securities law;\n ``(B) any authority of any State insurance \n commissioner or other State authority under any State \n insurance law; or\n ``(C) the applicability of any Federal securities \n law or State insurance law, or any regulation \n prescribed by the Commission, any self-regulatory \n organization, the Municipal Securities Rulemaking \n Board, the Secretary of the Treasury, or any State \n insurance commissioner or other State authority \n pursuant to any such law, to any person.\n ``(2) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n ``(A) Federal securities law.--The term `Federal \n securities law' has the meaning given to the term \n `securities laws' in section 3(a)(47) of the Securities \n Exchange Act of 1934.\n ``(B) Self-regulatory organization.--The term \n `self-regulatory organization' has the meaning given to \n such term in section 3(a)(26) of the Securities \n Exchange Act of 1934.''.","summary":"Depository Institution Consumer Protection Act of 1997 - Amends the Federal Deposit Insurance Act to require each Federal banking agency to prescribe consumer protection regulations pertaining to the sales, solicitations, advertising, or offers of a nondeposit product by a retail depository institution . Encompasses within the ambit of such regulations: (1) anticoercion sales and product marketing rules, (2) product suitability. (3) mandatory disclosure of the non-insured and non-guaranteed status of a nondeposit product, including investment risks, (4) prohibition of misrepresentation, (5) physical segregation of banking and nonbanking activities, (6) sales personnel qualification requirements and training. And (7) the structuring of compensation programs with respect to nondeposit product referral or sales incentives. Directs Federal banking regulators to jointly establish a consumer enforcement mechanism for expeditious consumer complaint resolution. Proscribes the use of a deposit institution name or logo in connection with a nondeposit product serviced by such institution. Sets forth safeguards relating to confidential consumer financial information.","title":"Depository Institution Consumer Protection Act of 1997","text_len":16687,"sum_len":1173} {"bill_id":"115_hr1491","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Santa Ynez Band of Chumash Indians \nLand Affirmation Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) On October 13, 2017, the General Council of the Santa \n Ynez Band of Chumash Indians voted to approve the Memorandum of \n Agreement between the County of Santa Barbara and the Santa \n Ynez Band of Chumash Indians regarding the approximately \n 1,427.28 acres of land, commonly known as Camp 4, and \n authorized the Tribal Chairman to sign the Memorandum of \n Agreement.\n (2) On October 31, 2017, the Board of Supervisors for the \n County of Santa Barbara approved the Memorandum of Agreement on \n Camp 4 and authorized the Chair to sign the Memorandum of \n Agreement.\n (3) The Secretary of the Interior approved the Memorandum \n of Agreement pursuant to section 2103 of the Revised Statutes \n (25 U.S.C. 81).\n\nSEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.\n\n (a) Ratification of Trust Status.--The action taken by the \nSecretary on January 20, 2017, to place approximately 1,427.28 acres of \nland located in Santa Barbara County, California, into trust for the \nbenefit of the Santa Ynez Band of Chumash Indians is hereby ratified \nand confirmed as if that action had been taken under a Federal law \nspecifically authorizing or directing that action.\n (b) Ratification of Actions of the Secretary.--The actions taken by \nthe Secretary to assume jurisdiction over the appeals relating to the \nfee-to-trust acquisition of approximately 1,427.28 acres in Santa \nBarbara County, California, on January 30, 2015, is hereby ratified and \nconfirmed as if that action had been taken under a Federal law \nspecifically authorizing or directing that action.\n (c) Ratification of Actions of the Secretary.--The actions taken by \nthe Secretary to dismiss the appeals relating to the fee-to-trust \nacquisition of approximately 1,427.28 acres in Santa Barbara County, \nCalifornia, on January 19, 2017, is hereby ratified and confirmed as if \nthat action had been taken under a Federal law specifically authorizing \nor directing that action.\n (d) Administration.--\n (1) Administration.--The land placed into trust for the \n benefit of the Santa Ynez Band of Chumash Indians by the \n Secretary of the Interior on January 20, 2017, shall be a part \n of the Santa Ynez Indian Reservation and administered in \n accordance with the laws and regulations generally applicable \n to the land held in trust by the United States for an Indian \n tribe.\n (2) Effect.--For purposes of certain California State laws \n (including the California Land Conservation Act of 1965, \n Government Code Section 51200, et seq.), placing the land \n described in subsection (b) into trust shall remove any \n restrictions on the property pursuant to California Government \n Code Section 51295 or any other provision of such Act.\n (e) Legal Description of Lands Transferred.--The lands to be \ntransferred pursuant to this Act are described as follows:\n Legal Land Description\/Site Location:Real property in the \n unincorporated area of the County of Santa Barbara, State of \n California, described as follows: PARCEL 1: (APN: 141-121-51 \n AND PORTION OF APN 141-140-10)LOTS 9 THROUGH 18, INCLUSIVE, OF \n TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, \n AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE \n LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE \n OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS \n MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE \n RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF \n OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10)LOTS 1 \n THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA \n BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE \n SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, \n FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER \n OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN \n CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS \n INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: \n (PORTIONS OF APNS: 141-230-23 AND 141-140-10)LOTS 19 AND 20 OF \n TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 \n THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA \n BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE \n SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, \n FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER \n OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY \n LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN \n EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 \n OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT \n TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, \n 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: \n (APN: 141-240-02 AND PORTION OF APN: 141-140-10)LOTS 1 THROUGH \n 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, \n STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE \n SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, \n FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER \n OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN \n CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS \n INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: \n (PORTION OF APN: 141-230-23)THAT PORTION OF LOTS 3 AND 6 OF \n TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, \n AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE \n LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE \n OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES \n NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO \n THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, \n 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID \n COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE \n OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-\n 105584 OF OFFICIAL RECORDS.\n (f) Rules of Construction.--Nothing in this Act shall--\n (1) enlarge, impair, or otherwise affect any right or claim \n of the Tribe to any land or interest in land that is in \n existence before the date of the enactment of this Act;\n (2) affect any water right of the Tribe in existence before \n the date of the enactment of this Act; or\n (3) terminate or limit any access in any way to any right-\n of-way or right-of-use issued, granted, or permitted before the \n date of the enactment of this Act.\n (g) Restricted Use of Transferred Lands.--The Tribe may not \nconduct, on the land described in subsection (b) taken into trust for \nthe Tribe pursuant to this Act, gaming activities--\n (1) as a matter of claimed inherent authority; or\n (2) under any Federal law, including the Indian Gaming \n Regulatory Act (25 U.S.C. 2701 et seq.) and regulations \n promulgated by the Secretary or the National Indian Gaming \n Commission under that Act.\n (h) Definitions.--For the purposes of this section:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of \n Chumash Mission Indians.\n ","summary":"Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017 This bill ratifies and confirms the actions of the Department of the Interior to: (1) take approximately 1,427 acres of land in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians, (2) assume jurisdiction over the appeals relating to the acquisition of this land, and (3) dismiss those appeals. The land is made part of the Santa Ynez Indian Reservation. The bill removes restrictions on the land pursuant to certain state laws. Gaming is prohibited on this land.","title":"Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017","text_len":8568,"sum_len":578} {"bill_id":"112_hr5937","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Breast Cancer Patient Education Act \nof 2012''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Annually, about 207,090 new cases of breast cancer are \n diagnosed, according to the American Cancer Society.\n (2) Breast cancer has a disproportionate and detrimental \n impact on African-American women and is the most common cancer \n among Hispanic\/Latina women.\n (3) African-American women under the age of 40 have a \n greater incidence of breast cancer than Caucasian women of the \n same age.\n (4) Individuals undergoing surgery for breast cancer should \n give due consideration to the option of breast reconstructive \n surgery, either at the same time as the breast cancer surgery \n or at a later date.\n (5) According to the American Cancer Society, immediate \n breast reconstruction offers the advantage of combining the \n breast cancer surgery with the reconstructive surgery and is \n cost effective.\n (6) According to the American Cancer Society, delayed \n breast reconstruction may be advantageous in women who require \n post-surgical radiation or other treatments.\n (7) A woman suffering from the loss of her breast may not \n be a candidate for surgical breast reconstruction or may choose \n not to undergo additional surgery and instead choose breast \n prostheses.\n (8) The Women's Health and Cancer Rights Act of 1998 \n (WHCRA; Public Law 105-277) requires health plans that offer \n breast cancer coverage to also provide for breast \n reconstruction.\n (9) Required coverage for breast reconstruction includes \n all the necessary stages of reconstruction. Surgery of the \n opposite breast for symmetry may be required. Breast prostheses \n may be necessary. Other sequelae of breast cancer treatment, \n such as lymphedema, must be covered.\n (10) Up to 70 percent of women eligible for breast \n reconstruction are not informed of their reconstructive \n options.\n (11) Several states have enacted laws to require that women \n receive information on their breast cancer treatment and \n reconstruction options.\n (12) A 2009 study by Amy Alderman, M.D. at the University \n of Michigan and Caprice Greenberg of the Dana Farber Institute \n determined the two dominant reasons why women did not undergo \n breast reconstruction: (1) the woman was not informed of her \n options, and (2) the woman was not referred to a breast \n reconstruction surgeon.\n (13) According to a 2008 report by Greenberg, most women \n undergo breast reconstruction because the option was offered \n and discussed by the breast cancer surgeon. This critical \n discussion is often lacking.\n (14) Greenberg reports that women with Medicare undergo \n breast reconstruction at a rate of 11 percent. Women with \n managed care or indemnity insurance undergo reconstruction at a \n rate of approximately 54 percent. Nationally, only 33 percent \n of eligible women with breast cancer undergo breast \n reconstruction.\n\nSEC. 3. BREAST RECONSTRUCTION EDUCATION.\n\n Part V of title III of the Public Health Service Act (42 U.S.C. \n280; programs relating to breast health and cancer) is amended by \nadding at the end the following:\n\n``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.\n\n ``(a) In General.--The Secretary shall provide for the planning and \nimplementation of an education campaign to inform breast cancer \npatients anticipating surgery regarding the availability and coverage \nof breast reconstruction, prostheses, and other options.\n ``(b) Information To Be Disseminated.--\n ``(1) Specific information.--Such campaign shall include \n dissemination of the following information:\n ``(A) Breast reconstruction is possible at the time \n of breast cancer surgery, or in a delayed fashion.\n ``(B) Prostheses or breast forms may be available.\n ``(C) Federal law mandates both public and private \n health plans to include coverage of breast \n reconstruction and prostheses.\n ``(D) The patient has a right to choose their \n provider of reconstructive care, including the \n potential transfer of care to a surgeon that provides \n breast reconstructive care.\n ``(E) The patient may opt to undergo breast \n reconstruction in a delayed fashion for personal \n reasons, or after completion of all other breast cancer \n treatments.\n ``(2) Other information.--In addition to the information \n described in paragraph (1), such campaign may include \n dissemination of such other information (whether developed by \n the Secretary or by other entities) as the Secretary determines \n relevant.\n ``(3) Restriction.--Such campaign shall not specify, or be \n designed to serve as a tool to limit, the health care providers \n available to patients.\n ``(c) Consultation.--In developing the information to be \ndisseminated under this section, the Secretary shall consult with \nappropriate medical societies and patient advocates related to breast \ncancer, breast reconstructive surgery, and breast prostheses and breast \nforms.''.","summary":"Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion, (2) prostheses or breast forms may be available. (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses. (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. And (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.","title":"To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery regarding, the availability and coverage of breast reconstruction, prostheses, and other options.","text_len":5712,"sum_len":1186} {"bill_id":"103_hr2331","text":"SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS.\n\n (a) In General.--Paragraph (2) of section 3732(a) of title 38, \nUnited States Code, is amended to read as follows:\n ``(2)(A) Before suit or foreclosure the holder of the obligation \nshall notify the Secretary of the default. Before the holder carries \nout a liquidation sale of real property securing a defaulted loan, the \nSecretary within 60 days after notification of default may, at the \nSecretary's option, pay the holder of the obligation the unpaid balance \nof the obligation plus accrued interest and reimburse the holder for \nsuch advances, costs, and attorney fees as the Secretary finds were \nproperly and reasonably incurred in connection with the default and \nreceive an assignment of the loan and security. Nothing in this section \nshall preclude any forebearance for the benefit of the mortgagor as may \nbe agreed upon by the parties to the loan and approved by the \nSecretary.\n ``(B) Within 10 days after receiving a notice of default pursuant \nto paragraph (1) of this subsection, the Secretary shall notify the \nmortgagor that the Secretary may purchase the loan from the holder. The \nnotification shall specify--\n ``(i) that if the Secretary purchases the loan, the \n Secretary--\n ``(I) has the authority to modify the loan \n instruments by temporarily or permanently lowering the \n interest rate or by extending or reamortizing the loan; \n and\n ``(II) may grant forbearance of interest or \n principal or both for a period of not more than 12 \n months;\n ``(ii) that if the mortgagor wants the Secretary to \n purchase the loan, the mortgagor must submit a written request \n to the Secretary within 20 days of receipt of the Secretary's \n notification; and\n ``(iii) the consequences to the mortgagor if the Secretary \n purchases the loan.\n ``(C) Upon receiving a request from the mortgagor to purchase the \nloan pursuant to subparagraph (B) of this paragraph, the Secretary, for \nthe purpose of avoiding foreclosure, may purchase the loan in \naccordance with subparagraph (A). The Secretary shall purchase the loan \nfrom the holder of the obligation if--\n ``(i) the default was caused by circumstances beyond the \n control of the mortgagor and rendered the mortgagor temporarily \n unable to correct a mortgage delinquency and to resume full \n mortgage payments; and\n ``(ii) it is determined that--\n ``(I) the holder is unwilling to grant further \n forbearance;\n ``(II) the mortgagor desires to retain and occupy \n the property;\n ``(III) the mortgagor has maintained the property \n in good condition or, if major repairs are required, \n such repairs are due to circumstances which were beyond \n the mortgagor's control;\n ``(IV) the estimated net value of the property \n exceeds the unguaranteed portion of the loan; and\n ``(V) there is a reasonable prospect that the \n mortgagor will be able to resume mortgage payments \n within 12 months after the Secretary purchases the \n loan.\n ``(D) The Secretary may provide assistance, under such terms and \nconditions as the Secretary may provide, to a mortgagor whose loan has \nbeen purchased under the provisions of subparagraph (C) of this \nparagraph by--\n ``(i) modifying the loan instruments to lower the interest \n rate or to extend or to reamortize the loan; and\n ``(ii) granting forbearance of interest or principal or \n both for a period of not more than 12 months.\n ``(E) If the Secretary decides not to purchase the loan--\n ``(i) the Secretary shall notify the mortgagor of the \n decision and its basis within 30 days after receiving a written \n request from the mortgagor asking the Secretary to purchase the \n loan pursuant to subparagraph (C) of this paragraph; and\n ``(ii) if the mortgagor is a veteran and used the veteran's \n entitlement under section 3702 to obtain the loan or \n substituted entitlement as described in section 3702(b)(2) to \n purchase real property securing a loan guaranteed under this \n chapter, notice under clause (i) shall include notice of the \n right of appeal.\n ``(F) The Secretary shall obtain and hold in safekeeping a quit \nclaim deed from the mortgagor to the Secretary for the real property \nsecuring the loan after the loan is purchased from the loan holder and \nbefore the Secretary makes any modification to the loan instruments or \ngrants any forbearance. If the mortgagor brings the loan current and \nkeeps the loan current for 12 consecutive months, the unrecorded quit \nclaim deed shall be returned to the mortgagor. If, exclusive of any \nperiod of forbearance, the loan becomes 6 months delinquent, the \nSecretary may record the quit claim deed and acquire the property \nsecuring the loan without incurring substantial delays and foreclosure \nexpenses. Nothing in this section shall preclude the Secretary from \ninitiating foreclosure before the loan becomes 6 months delinquent if \nthe Secretary believes it is in the best interest of the United States \nto do so.\n ``(G) For the purposes of sections 3720(e) and (h), loans purchased \npursuant to subparagraph (C) that are not in default and that have not \nbeen in default for at least 12 consecutive months shall be included in \npools of mortgage loans with respect to which certificates or other \nsecurities are issued or guaranteed.''.\n (b) Personnel.--Section 3732(a)(4) of title 38, United States Code, \nis amended--\n (1) by striking out subparagraph (B); and\n (2) in paragraph (4) (as amended by paragraph (1) of this \n subsection), by striking out ``(A)'';\n (3) in paragraph (4) (as amended by paragraph (2) of this \n subsection)--\n (A) by redesignating clauses (i) and (ii) as \n subparagraphs (A) and (B), respectively; and\n (B) by redesignating subclauses (I) and (II) as \n clauses (i) and (ii), respectively.\n (c) Extension of Procedure for Liquidation Sales.--Subsection (c) \nsection 3732(c) of title 38, United States Code, is amended by striking \nout paragraph (11).\n (d) Effective Date.--The amendments made by subsection (a) shall \napply to any housing loan guaranteed under chapter 37 of title 38, \nUnited States Code, with respect to which the Secretary of Veterans \nAffairs receives notice of default after the date of enactment of this \nAct.","summary":"Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures .","title":"To amend title 38, United States Code, to clarify the rights of veterans with regard to procedures for housing loans upon default, and for other purposes.","text_len":6893,"sum_len":1119} {"bill_id":"110_s1908","text":"SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION.\n\n (a) Changes to the Elementary and Secondary Education Act of \n1965.--Section 9528(a) of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 7908(a)) is amended--\n (1) by striking paragraphs (1) and (2) and inserting the \n following:\n ``(1) Access to student recruiting information.--\n Notwithstanding section 444(a)(5)(B) of the General Education \n Provisions Act, each local educational agency receiving \n assistance under this Act shall provide, upon a request made by \n a military recruiter or an institution of higher education, \n access to the name, address, and telephone listing of each \n secondary school student served by the local educational \n agency, unless the parent of such student has submitted the \n prior consent request under paragraph (2).\n ``(2) Consent.--\n ``(A) Opt-out process.--A parent of a secondary \n school student may submit a written request, to the \n local educational agency, that the student's name, \n address, and telephone listing not be released for \n purposes of paragraph (1) without prior written consent \n of the parent. Upon receiving such request, the local \n educational agency may not release the student's name, \n address, and telephone listing for such purposes \n without the prior written consent of the parent.\n ``(B) Notification of opt-out process.--Each local \n educational agency shall notify the parents of the \n students served by the agency of the option to make a \n request described in subparagraph (A).''; and\n (2) by adding at the end the following:\n ``(4) Rule of construction prohibiting opt-in processes.--\n Nothing in this subsection shall be construed to allow a local \n educational agency to withhold access to a student's name, \n address, and telephone listing from a military recruiter or \n institution of higher education by implementing an opt-in \n process or any other process other than the written consent \n request process under paragraph (2)(A).\n ``(5) Parental consent.--For purposes of this subsection, \n whenever a student has attained eighteen years of age, the \n permission or consent required of and the rights accorded to \n the parents of the student shall only be required of and \n accorded to the student.''.\n (b) Changes to Title 10 of the United States Code.--Section 503(c) \nof title 10, United States Code, is amended--\n (1) by striking paragraph (1) and inserting the following: \n ``(1)(A) Each local educational agency receiving assistance \n under the Elementary and Secondary Education Act of 1965--\n ``(i) shall provide to military recruiters the same access \n to secondary school students as is provided generally to \n postsecondary educational institutions or to prospective \n employers of those students; and\n ``(ii) shall provide, upon a request made by a military \n recruiter for military recruiting purposes, access to the name, \n address, and telephone listing of each secondary school student \n served by the local educational agency, notwithstanding section \n 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. \n 1232g(a)(5)(B)), unless the parent of such student has \n submitted the prior consent request under subparagraph (B).\n ``(B)(i) The parent of a secondary school student may submit a \nwritten request, to the local educational agency, that the student's \nname, address, and telephone listing not be released for purposes of \nsubparagraph (A) without prior written parental consent. Upon receiving \na request, the local educational agency may not release the student's \nname, address, and telephone listing for such purposes without the \nprior written consent of the parent.\n ``(ii) Each local educational agency shall notify parents of the \noption to make a request described in clause (i).\n ``(C) Nothing in this paragraph shall be construed to allow a local \neducational agency to withhold access to a student's name, address, and \ntelephone listing from a military recruiter or institution of higher \neducation by implementing an opt-in process or any other process other \nthan the written consent request process under subparagraph (B)(i).\n ``(D) Parental Consent.--For purposes of this paragraph, whenever a \nstudent has attained eighteen years of age, the permission or consent \nrequired of and the rights accorded to the parents of the student shall \nonly be required of and accorded to the student.'';\n (2) by striking paragraphs (2), (3), and (4) and inserting \n the following:\n ``(2)(A) If a local educational agency denies recruiting access to \na military recruiter under this section, the Secretary shall notify--\n ``(i) the Governor of the State in which the local \n educational agency is located; and\n ``(ii) the Secretary of Education.\n ``(B) Upon receiving a notification under subparagraph (A), the \nSecretary of Education--\n ``(i) shall, consistent with the provisions of part D of \n title IV of the General Education Provisions Act (20 U.S.C. \n 1234c), determine whether the local educational agency is \n failing to comply substantially with the requirements of this \n subsection; and\n ``(ii) upon determining that the local educational agency \n has failed to comply substantially with such requirements, may \n impose a penalty or enforce a remedy available for a violation \n of section 9528(a) of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such \n penalty or remedy would apply to a local educational agency \n that violated such section.''; and\n (3) by redesignating paragraphs (5) and (6) as paragraphs \n (3) and (4), respectively.","summary":"Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such consent request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18. Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act. And (2) the imposition of a penalty or remedy against the LEA is warranted.","title":"A bill to amend the procedures regarding military recruiter access to secondary school student recruiting information.","text_len":6286,"sum_len":1336} {"bill_id":"103_s895","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Historic Rehabilitation Tax Credit \nExpansion Act of 1993''.\n\nSEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY \n LIMITATIONS.\n\n (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the \nInternal Revenue Code of 1986 (relating to $25,000 offset for rental \nreal estate activities) are amended to read as follows:\n ``(2) Dollar limitations.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the aggregate amount to which paragraph \n (1) applies for any taxable year shall not exceed \n $25,000 reduced (but not below zero) by 50 percent of \n the amount (if any) by which the adjusted gross income \n of the taxpayer for the taxable year exceeds $100,000.\n ``(B) Phaseout not applicable to low-income housing \n credit.--In the case of the portion of the passive \n activity credit for any taxable year which is \n attributable to any credit determined under section \n 42--\n ``(i) subparagraph (A) shall not apply, and\n ``(ii) paragraph (1) shall not apply to the \n extent that the deduction equivalent of such \n portion exceeds--\n ``(I) $25,000, reduced by\n ``(II) the aggregate amount of the \n passive activity loss (and the \n deduction equivalent of any passive \n activity credit which is not so \n attributable and is not attributable to \n the rehabilitation credit determined \n under section 47) to which paragraph \n (1) applies after the application of \n subparagraph (A).\n ``(C) $55,500 limit for rehabilitation credits.--In \n the case of the portion of the passive activity credit \n for any taxable year which is attributable to the \n rehabilitation credit determined under section 47--\n ``(i) subparagraph (A) shall not apply, and\n ``(ii) paragraph (1) shall not apply to the \n extent that the deduction equivalent of such \n portion exceeds--\n ``(I) $55,500, reduced by\n ``(II) the aggregate amount of the \n passive activity loss (and the \n deduction equivalent of any passive \n activity credit which is not so \n attributable) to which paragraph (1) \n applies for the taxable year after the \n application of subparagraphs (A) and \n (B).\n ``(3) Adjusted gross income.--For purposes of paragraph \n (2)(A), adjusted gross income shall be determined without \n regard to--\n ``(A) any amount includable in gross income under \n section 86,\n ``(B) any amount excludable from gross income under \n section 135,\n ``(C) any amount allowable as a deduction under \n section 219, and\n ``(D) any passive activity loss.''.\n (b) Conforming Amendments.--\n (1) Subparagraph (B) of section 469(i)(4) of such Code is \n amended to read as follows:\n ``(B) Reduction for surviving spouse's exemption.--\n For purposes of subparagraph (A), the $25,000 amounts \n under paragraph (2)(A) and (2)(B)(ii) and the $55,500 \n amount under paragraph (2)(C)(ii) shall each be reduced \n by the amount of the exemption under paragraph (1) \n (determined without regard to the reduction contained \n in paragraph (2)(A)) which is allowable to the \n surviving spouse of the decedent for the taxable year \n ending with or within the taxable year of the \n estate.''.\n (2) Subparagraph (A) of section 469(i)(5) of such Code is \n amended by striking clauses (i), (ii), and (iii) and inserting \n the following:\n ``(i) `$12,500' for `$25,000' in \n subparagraphs (A) and (B)(ii) of paragraph (2),\n ``(ii) `$50,000' for `$100,000' in \n paragraph (2)(A)'', and\n ``(iii) `$27,750' for `$55,500' in \n paragraph (2)(C)(ii).''.\n (3) The subsection heading for subsection (i) of section \n 469 of such Code is amended by striking ``$25,000''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service on or after May 5, 1993, in taxable \nyears ending on or after such date.\n\nSEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE \n MINIMUM TAX.\n\n (a) In General.--Section 38(c) of the Internal Revenue Code of 1986 \n(relating to limitation based on amount of tax) is amended by \nredesignating paragraph (2) as paragraph (3) and by inserting after \nparagraph (1) the following new paragraph:\n ``(2) Rehabilitation investment credit may offset portion \n of minimum tax.--\n ``(A) In general.--In the case of the \n rehabilitation investment tax credit--\n ``(i) this section and section 39 shall be \n applied separately with respect to such credit, \n and\n ``(ii) for purposes of applying paragraph \n (1) to such credit--\n ``(I) the tentative minimum tax \n under subparagraph (A) thereof shall be \n reduced by the minimum tax offset \n amount determined under subparagraph \n (B) of this paragraph, and\n ``(II) the limitation under \n paragraph (1) (as modified by subclause \n (I)) shall be reduced by the credit \n allowed under subsection (a) for the \n taxable year (other than the \n rehabilitation investment tax credit).\n ``(B) Minimum tax offset amount.--For purposes of \n subparagraph (A)(ii)(I), the minimum tax offset amount \n is an amount equal to--\n ``(i) in the case of a taxpayer not \n described in clause (ii), the lesser of--\n ``(I) 25 percent of the tentative \n minimum tax for the taxable year, or\n ``(II) $20,000, or\n ``(ii) in the case of a C corporation other \n than a closely held C corporation (as defined \n in section 469(j)(1)), 5 percent of the \n tentative minimum tax for the taxable year.\n ``(C) Rehabilitation investment tax credit.--For \n purposes of this paragraph, the term `regular \n investment tax credit' means the portion of the credit \n under subsection (a) which is attributable to the \n credit determined under section 47.''.\n (b) Conforming Amendment.--Section 38(d) (relating to components of \ninvestment credit) is amended by adding at the end the following new \nparagraph:\n ``(4) Special rule for rehabilitation credit.--\n Notwithstanding paragraphs (1) and (2), the rehabilitation \n investment tax credit (as defined in subsection (c)(2)(C)) \n shall be treated as used last.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1992.","summary":"Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. Allows the rehabilitation investment credit to offset a portion of tentative minimum tax.","title":"Historic Rehabilitation Tax Credit Expansion Act of 1993","text_len":8581,"sum_len":327} {"bill_id":"105_hr1524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Law Enforcement Assistance Act \nof 1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Effective and impartial enforcement of the law is one \n of the most important functions of government.\n (2) The preservation of our form of government and the \n rights of our citizens are dependent upon competent and \n professional law enforcement agencies.\n (3) Responsibility for law enforcement in the United States \n reposes primarily with State and local governments.\n (4) Approximately 22,400 local government entities exist in \n the 50 states; one-third of all Americans live in nonurban \n areas; of the 17,120 law enforcement agencies, 90 percent serve \n populations of less than 25,000 residents and 75 percent serve \n a population of fewer than 10,000 residents.\n (5) Rural violent crime has increased over 53 percent from \n 1983 to 1995, and is taking a toll on small town and rural \n citizens and small town and rural law enforcement personnel.\n (6) Rural law enforcement agencies totaling 12,735 (police \n departments and sheriffs offices serving a population of under \n 25,000) have needs in the areas of providing management \n education and training, a clearinghouse, professional \n evaluation, technical assistance, practical research and \n analyses, and computer and forensic education and training as \n identified by the National Center for Rural Law Enforcement and \n the Federal Bureau of Investigation.\n (7) The National Center for Rural Law Enforcement has \n cooperated in the past and will continue to cooperate with the \n FBI, the Department of Justice, and the Department of \n Agriculture to promote the development and implementation of \n management education and training, a clearinghouse, \n professional evaluation, technical assistance, practical \n research and analyses, and computer and forensic education and \n training for rural law enforcement agencies.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.\n\n (a) In General.--For the purpose of assisting rural law enforcement \nagencies with management education and training, maintaining a \nclearinghouse, evaluation, technical assistance, research, computer and \nforensic education and training, and providing such other support as \nmay be necessary or useful, there is authorized to be established a \nprivate, nonprofit corporation, to be known as the National Center for \nRural Law Enforcement which shall be neither an agency nor \nestablishment of the United States Government.\n (b) Incorporators.--The Board of Directors first appointed shall be \ndeemed the incorporators, and the incorporation shall be deemed to have \nbeen effected from the date of the first meeting of the Board.\n (c) Residence.--The Center shall be located in, and shall be \nconsidered, for purposes of venue in civil actions, to be a resident of \nLittle Rock, Arkansas, or at such other place as the Board may \nsubsequently direct.\n\nSEC. 4. CORPORATE POWERS.\n\n The Center--\n (1) shall have succession, and may sue and be sued, in its \n corporate name;\n (2) may adopt and use a corporate seal which shall be \n judicially noticed;\n (3) may adopt, amend, and repeal bylaws;\n (4) may purchase, lease, or otherwise acquire and hold such \n property as it deems necessary or convenient in the transaction \n of its business, and may dispose of any such property;\n (5) shall be eligible to apply for and to make grants from \n or to, and to enter into contracts or cooperative agreements \n without regard to the Federal Procurement Acquisition \n Regulations with, Federal, State, and local governments, public \n or private institutions, organizations, entities, and \n individuals necessary or convenient to the exercise of the \n functions or powers conferred explicitly or implicitly by this \n Act;\n (6) may arrange, as permitted by law, for the loan, detail \n or assistance, or use of facilities, personnel, or equipment \n from Federal, State, or local agencies, departments, or \n entities on a reimbursable or nonreimbursable basis;\n (7) may request from any Federal department or agency such \n information, data, and materials as may be necessary or \n convenient to the exercise of the functions or powers conferred \n explicitly or implicitly by this Act although the head of such \n department or agency may decline to comply with such a request;\n (8) may solicit and accept gifts, devises, grants and \n donations of property, including cash or services in \n furtherance of its function and mission;\n (9) shall have such other powers as may be necessary or \n appropriate for the exercise of the functions or powers \n conferred specifically or implicitly by this Act; and\n (10) is prohibited from supporting any political party or \n candidate for elective or appointive office.\n\nSEC. 5. BOARD OF DIRECTORS.\n\n (a) Composition.--The Board of the Center shall be composed of 18 \nmembers as follows:\n (1) Two members from each of the 6 regions (Northeast, \n Northwest, Southeast, Southwest, Midwest, and West) shall be \n appointed from rural law enforcement agencies serving rural \n areas.\n (2) One member shall be appointed from the International \n Association of Directors of State Law Enforcement Training.\n (3) Two members shall be selected from personnel of the \n Federal Bureau of Investigation, and shall hold membership on \n the Board in an ex officio capacity. The members shall be \n selected by and serve at the pleasure of the Director of the \n FBI.\n (4) The president of the University of Arkansas shall be an \n ex officio Board member.\n (5) The Executive Director of the Center shall be an ad hoc \n Board member.\n (6) One resident of a rural area shall be selected to serve \n as an ad hoc member.\n (b) Initial Board.--\n (1) Selection of members.--Appointive members of the \n initial Board of Directors shall be selected cooperatively by \n the president of the University of Arkansas, the Director of \n the FBI, and the Executive Director of the preexisting National \n Center for Rural Law Enforcement at the University of Arkansas.\n (2) Designation of chairman.--The president of the \n University of Arkansas and the Director of the FBI shall \n designate a chairman from among the appointees to the initial \n Board.\n (3) Term of office.--The term of office for appointive \n members of the initial Board shall be 3 years.\n (4) Selection of successors.--Not later than 90 days before \n the expiration of such 3-year term, the Board shall select, \n with the advice and counsel of the president of the University \n of Arkansas and the Director of the FBI, successors to the \n initial appointive members.\n (c) Subsequent Boards.--\n (1) Term of office.--The term of office for appointive \n members to subsequent Boards shall be 6 years.\n (2) Staggered terms.--The successor appointive Board \n members, at their first meeting, will draw lots from 1 to 6 \n years.\n (3) Subsequent selections.--The Board shall select, with \n the advice and counsel of the president of the University of \n Arkansas and the Director of the FBI, successors as may be \n necessary or appropriate to replace members who resign or \n otherwise vacate their offices or whose terms of office expire \n within 90 days.\n (4) Term limit.--No member shall serve more than 1 \n uninterrupted 6-year term.\n (5) Election of chairman.--After the initial Board has been \n replaced, as appropriate or necessary, the Board shall elect a \n chairman from among its appointive members. The chairman's term \n of office shall be coextensive with that individual's term of \n office on the Board.\n (d) Functions.--The Board shall direct the exercise of all of the \nbusiness and powers of the Center, including the adoption, amendment, \nand repeal of bylaws. The Board shall appoint (subject to specific \nprovisions herein) and oversee the Executive Director and other \ncorporate officers in the performance of their duties.\n (e) Quorums.--Vacancies on the Board shall not impair the powers of \nthe Board to execute the functions of the Center if there are not less \nthan 7 voting members in office. Such number shall also constitute a \nquorum for the transaction of the business of the Board.\n (f) Compensation and Status.--\n (1) In general.--The members of the Board shall serve \n without compensation from the Center but are authorized to \n receive whatever pay, allowances, and benefits to which they \n are otherwise entitled by virtue of their Federal, State, or \n local government employment.\n (2) Expenses.--The members may be compensated for travel \n and per diem expenses by the Center at rates authorized under \n subchapter I of chapter 57 of title 5, United States Code, \n while away from their permanent duty stations in the \n performance of Center business.\n (3) Status.--Other than the 2 ex officio members from the \n FBI, members of the Board shall not be considered officers or \n employees of the United States for any purpose.\n\nSEC. 6. OFFICERS AND EMPLOYEES.\n\n (a) Executive Director.--\n (1) Initial executive director.--The Executive Director of \n the preexisting National Center for Rural Law Enforcement at \n the University of Arkansas shall serve as the initial Executive \n Director for the Center with a term of 3 years.\n (2) Subsequent appointments.--After the initial 3-year term \n of the first Executive Director, the Board of Directors shall \n select and appoint, without regard to the provisions of the \n civil service laws applicable to officers and employees of the \n United States, and after consultation with the Director of the \n FBI and the president of the University of Arkansas, a \n successor whose term of office shall be 5 years.\n (3) Vacancy.--The Board may at any time select and appoint, \n after consultation with the Director of the FBI and the \n president of the University of Arkansas, a successor to replace \n an Executive Director who resigns or otherwise vacates office \n or whose term of office will expire within 30 days. An \n Executive Director appointed to fill a vacancy occurring prior \n to the expiration of the term for which the predecessor was \n selected and appointed shall serve for the remainder of such \n term.\n (4) Consecutive terms.--No person shall serve as the \n Executive Director for more than 2 consecutive terms, excluding \n the term of the initial Executive Director.\n (5) Compensation.--The Board shall fix the Executive \n Director's compensation, benefits, and allowances.\n (6) Duties.--The Executive Director shall be responsible to \n the Board of Directors for--\n (A) the management and administration of the \n Center,\n (B) the conduct of its day-to-day affairs and \n business,\n (C) the performance of its officers, agents, and \n employees, and\n (D) the establishment of an advisory board to \n assist the Executive Director with policy issues.\n (b) Additional Staff.--The Executive Director shall select and \nnominate for appointment by the Board such other senior officers, \nassistants, and employees as may be necessary for the transaction of \nthe Center's business and subject to Board concurrence, fix their \ncompensation and define their duties. Officers may be removed by the \nExecutive Director for cause subject to the concurrence of the Board. \nAssistants and other employees may be removed by the Executive Director \nwithout Board concurrence.\n (c) FBI Staff.--To assist the Center in carrying out its functions \nand programs, the Director of the FBI may assign, on a full-time basis, \nnot more than 4 FBI personnel to the Center on a nonreimbursable basis. \nPersonnel so assigned will remain employees of the Federal Government \nfor all purposes and will not become employees of the Center for any \npurpose.\n (d) Status.--Unless otherwise an employee of the Federal \nGovernment, officers and employees of the Center shall not be \nconsidered to be employees of the United States for any purpose.\n\nSEC. 7. FUNCTIONS.\n\n (a) In General.--In cooperation with the FBI, the Center, an \neducational entity, shall provide for the development of a rural law \nenforcement educational program through consultation with institutions \nof higher learning and the Board. The Center shall provide for--\n (1) the development and delivery of management education \n and training, clearinghouse, evaluation, technical assistance, \n practical research and evaluation, and computer and forensic \n education and training for and to rural law enforcement agency \n personnel, including supervisory and executive managers;\n (2) the delivery of technical assistance, including \n research and studies into the causes and prevention of criminal \n activity, to rural law enforcement agencies;\n (3) equitable education opportunities;\n (4) the development, promotion, and voluntary adoption of \n national educational and training standards and accreditation \n certification programs for rural law enforcement agencies and \n personnel;\n (5) the development and dissemination of information \n designed to assist States and units of local government in \n small town and rural areas throughout the country;\n (6) grants to, and contracts with, Federal, State, and \n local government, units of local rural law enforcement, public \n and private agencies, educational institutions, organizations \n and individuals to carry out this subtitle;\n (7) the establishment and maintenance of a clearinghouse \n and information center for the collection, preparation, and \n dissemination of information on criminal justice and rural law \n enforcement, including programs for the prevention of crime and \n recidivism;\n (8) the delivery of assistance, in a consulting capacity, \n to criminal justice agencies in the development, establishment, \n maintenance, and coordination of programs, facilities and \n services, training, and research relating to crime in rural \n areas;\n (9) encouragement and assistance to Federal, State, and \n local government programs and services;\n (10) the development of technical education and training \n teams to aid in the development of seminars, workshops, \n education and training programs within the States and with the \n State and local agencies that work with small town and rural \n law enforcement managers;\n (11) conducting, encouraging, and coordinating research \n relating to law enforcement and criminal justice issues, \n including the causes, assessment, evaluation, analysis, and \n prevention of criminal activity;\n (12) the formulation and recommendation of rural law \n enforcement policy, goals, and standards applicable to involved \n criminal justice agencies, organizations, institutions, and \n personnel; and\n (13) the evaluation by institutions of higher learning for \n the purpose of encouraging programs of study for rural law \n enforcement.\n (b) Discretionary Activities.--The Center may--\n (1) create an organizational structure with regional \n representation for the purpose of--\n (A) delivering management education and training;\n (B) conducting research focused on small town and \n rural law enforcement needs;\n (C) providing technical assistance;\n (D) creating a clearinghouse focused on small town \n and rural law enforcement;\n (E) conducting evaluations for the benefit of small \n town and rural law enforcement;\n (F) providing education and training in forensics; \n and\n (G) providing education and training in computers;\n (2) confer with and request the assistance, services, \n records, and facilities of State and local governments or other \n public or private agencies, organizations, and individuals; and\n (3) procure the services of experts and consultants in \n accordance with section 3109 of title 5, United States Code, at \n rates of compensation not to exceed the daily equivalent of the \n rate authorized for members of the Senior Executive Service, \n ES-6, Level V, as authorized by section 5352 of title 5, United \n States Code.\n\nSEC. 8. METHODS.\n\n In carrying out its functions under this section, the Center \nshall--\n (1) utilize consensus building; and\n (2) work in cooperation with--\n (A) small town and rural, non urban law enforcement \n agencies;\n (B) agencies of Federal, State, and local \n governments; and\n (C) institutions of higher learning, law \n enforcement associations and other not-for-profit \n organizations;\n (3) request and receive from other Federal departments and \n agencies such statistics, data, program reports, and other \n materials necessary for the Center to carry out its functions;\n (4) arrange with and reimburse the heads of other Federal \n departments and agencies for the use of personnel, facilities, \n or equipment of such departments and agencies; and\n (5) use the assistance, services, records, and facilities \n of State and local governments or other public or private \n agencies, organizations, and individuals.\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Board'' means the Board of Directors of the \n National Center for Rural Law Enforcement.\n (2) The term ``Center'' means the National Center for Rural \n Law Enforcement.\n (3) The term ``Executive Director'' means the Executive \n Director of the National Center for Rural Law Enforcement.\n (4) The term ``FBI'' means the Federal Bureau of \n Investigation.\n (5) The term ``rural area'' means an area with a population \n of 25,000 or less.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act--\n (1) $12,000,000 for fiscal year 1997; and\n (2) such sums as may be necessary for each of fiscal years \n 1998 through 2002.","summary":"Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.","title":"Rural Law Enforcement Assistance Act of 1997","text_len":19927,"sum_len":435} {"bill_id":"107_hr3293","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Agricultural \nBioterrorism Countermeasures Act of 2001''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings and purposes.\nSec. 3. Biosecurity upgrades at Department of Agriculture and related \n facilities.\nSec. 4. Intramural agricultural bioterrorism research and development.\nSec. 5. Consortium for countermeasures against agricultural \n bioterrorism.\nSec. 6. Agricultural bioterrorism competitive research grants.\nSec. 7. Expansion of Animal and Plant Health Inspection Service \n activities.\nSec. 8. Expansion of Food Safety Inspection Service activities.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The events of September 11, 2001, have heightened \n awareness of the threat of acts of bioterrorism, including \n attacks directed at the domestic food supply and underlying \n agriculture.\n (2) Evidence of access to and rudimentary experiments with \n chemical and biological agents and the reported interest in the \n operation of cropdusting aircraft point to possible terrorist \n intent to use biological or chemical weapons.\n (3) An attack of agricultural bioterrorism would pose \n serious challenges such as--\n (A) hazards to human health;\n (B) erosion of public confidence in the safety of \n the domestic food supply; and\n (C) damage to the economy.\n (4) It is important to develop short- and long-term \n strategies and supporting technology to more effectively and \n efficiently protect the domestic food supply from acts of \n bioterrorism.\n (5) A program of ongoing research and development is \n required to reduce the vulnerability of plant and animal \n agriculture and the food supply.\n (6) It is critical to bring Federal, academic, and private \n sector capacities to bear on the threat of agricultural \n bioterrorism.\n (b) Purposes.--The purposes of this Act are--\n (1) to strengthen the research and development capacity of \n the United States to respond to the threat of agricultural \n bioterrorism;\n (2) to promote the collaboration between the Federal, \n academic, and private sectors in addressing agricultural \n bioterrorism; and\n (3) to strengthen the capacity of regulatory agencies to \n prepare for, respond to, and mitigate the consequences of a \n bioterrorist attack.\n\nSEC. 3. BIOSECURITY UPGRADES AT DEPARTMENT OF AGRICULTURE AND RELATED \n FACILITIES.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary of Agriculture $870,000,000 to enable the \nAgricultural Research Service to comply with the requirements of the \nDepartment of Agriculture's biosecurity responsibilities under \nPresidential Directive 67 with respect to the conduct of activities to \nsecure existing facilities where potential animal and plant pathogens \nare housed or researched and to improve food safety research \nactivities.\n (b) Distribution of Amounts.--The amounts appropriated pursuant to \nthe authorization of appropriations in subsection (a) shall be made \navailable as follows:\n (1) $220,000,000 shall be made available for renovation, \n update, and expansion of the Biosafety Level 3 laboratory and \n animal research facilities at the Plum Island Animal Disease \n Center (Greenport, New York).\n (2) $385,000,000 shall be made available for the \n Agricultural Research Service\/Animal and Plant Health \n Inspection Service facility in Ames, Iowa.\n (3) $106,000,000 shall be made available for the planning \n and design of an Agricultural Research Service biocontainment \n laboratory for poultry research in Athens, Georgia.\n (4) $9,000,000 shall be made available for the planning, \n updating, and renovation of the Arthropod-Bome Animal Disease \n Laboratory in Laramie, Wyoming.\n (5) $120,000,000 shall be made available for collaborative \n research with the Oklahoma City National Memorial Institute for \n the Prevention of Terrorism, the Department of Justice, and \n other law enforcement and emergency preparedness organizations.\n (6) $10,000,000 shall be made available for the purchase of \n rapid detection field test kits to be distributed by the \n Secretary of Agriculture to State and local agencies engaged in \n defending against agroterrorism and the training of appropriate \n authorities.\n (7) $20,000,000 shall be made available for the updating, \n expansion, and renovation of the Biosensor Technologies \n Research Center at Oklahoma State University in Stillwater, \n Oklahoma.\n\nSEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT.\n\n (a) In General.--The Secretary of Agriculture shall expand \nAgricultural Research Service programs to protect the domestic food \nsupply by--\n (1) enhancing the capability to respond immediately to the \n needs of regulatory agencies involved in protecting the food \n supply;\n (2) cooperating with academic and private sector partners \n to maximize the impact of research and development;\n (3) strengthening linkages with the intelligence community \n to better identify research needs and evaluate acquired \n materials;\n (4) expanding the involvement of the Agricultural Research \n Service with international organizations dealing with plant and \n animal disease control; and\n (5) taking other appropriate measures.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $140,000,000 for each of fiscal \nyears 2003 through 2007.\n\nSEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL \n BIOTERRORISM.\n\n (a) Establishment.--The Secretary of Agriculture shall establish a \nConsortium for Countermeasures Against Agricultural Bioterrorism to \nhelp form stable long-term programs of research, development, and \nevaluation of options to enhance the biosecurity of United States \nagriculture.\n (b) Membership.--\n (1) In general.--The Consortium shall be comprised of \n institutions of higher education positioned to partner with \n Federal agencies to address agricultural bioterrorism.\n (2) Designation.--The Secretary of Agriculture shall \n designate for membership in the Consortium--\n (A) 3 institutions of higher education that are \n national centers for countermeasures against \n agricultural bioterrorism; and\n (B) not more than 7 additional institutions of \n higher education with existing programs relating to \n agricultural bioterrorism.\n (3) National centers.--The national centers shall be \n selected using the following criteria:\n (A) Co-location of Department of Agriculture \n laboratories or training centers with member \n institutions.\n (B) Demonstrated expertise in the area of plant and \n animal diseases.\n (C) Located at Land Grant Institutions that have a \n College of Veterinary Medicine, an on-site animal \n disease diagnostic laboratory, and the capability to \n conduct on-site training and training via distance \n education technology.\n (D) Close coordination with State cooperative \n extension programs that work in cooperation with \n industry, farm and commodity organizations, and \n regulatory agencies.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2003 through 2007.\n\nSEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS.\n\n (a) In General.--The Secretary of Agriculture shall enhance the \nNational Research Initiative of the Competitive Grants Program of the \nCooperative State Research, Education, and Extension Service by \nawarding grants focused on the science and technology needed to protect \nagainst and deal with acts of bioterrorism directed at the domestic \nfood supply and agriculture.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $30,000,000 for each of fiscal \nyears 2003 through 2007.\n\nSEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE \n ACTIVITIES.\n\n (a) In General.--The Secretary of Agriculture shall enhance and \nexpand the capacity of the Animal and Plant Health Inspection Service \nby--\n (1) increasing inspection capacity at international points \n of origin;\n (2) improving surveillance at ports of entry and customs;\n (3) enhancing methods of protecting against introduction of \n plant and animal disease organisms by terrorists;\n (4) adopting new strategies and technology for dealing with \n outbreaks of plant and animal disease arising from acts of \n terrorism or from unintentional introduction, including \n establishing cooperative agreements among entities described in \n subsection (b) to enhance the preparedness and ability of \n Veterinary Services of the Animal and Plant Health Inspection \n Service and such entities to respond to outbreaks of such \n animal diseases;\n (5) strengthening the planning and coordination with State \n and local agencies, including the entities described in \n subsection (b); and\n (6) taking other appropriate measures.\n (b) Cooperating Entities.--The entities referred to in paragraphs \n(4) and (5) of subsection (a) are the following:\n (1) Veterinary Services of the Animal and Plant Health \n Inspection Service.\n (2) State animal health commissions and regulatory agencies \n for livestock and poultry health.\n (3) State agriculture departments.\n (4) Accredited colleges of veterinary medicine that are co-\n located with an accredited animal disease diagnostic laboratory \n and connected via high speed internet to national animal \n disease laboratories (to facilitate telemedicine sharing of \n necropsy images and histopathology images), animal diagnostic \n centers, State departments of public health, and the Center for \n Disease Control and Prevention.\n (5) Private veterinary practitioners.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $140,000,000 for each of fiscal \nyears 2003 through 2007.\n\nSEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES.\n\n (a) In General.--The Secretary of Agriculture shall enhance and \nexpand the capacity of the Food Safety Inspection Service by--\n (1) enhancing the ability to inspect and ensure the safety \n and wholesomeness of meat and poultry products;\n (2) developing new methods for rapid detection and \n identification of diseases and other hazardous agents;\n (3) applying new technologies to improve ante mortem and \n post mortem inspection procedures;\n (4) improving the capacity to inspect international meat \n and poultry products at points of origin and at ports of entry; \n and\n (5) strengthening collaboration among agencies within the \n Department of Agriculture and in other parts of Federal and \n State government through the sharing of information and \n technology.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $140,000,000 for each of fiscal \nyears 2003 through 2007.","summary":"Agricultural Bioterrorism Countermeasures Act of 2001 - Authorizes appropriations for biosecurity upgrades at specified Department of Agriculture and related facilities. Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply. (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs. (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures. And (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service. Authorizes appropriations.","title":"To establish a coordinated program of science-based countermeasures to address the threats of agricultural bioterrorism.","text_len":12450,"sum_len":930} {"bill_id":"104_hr554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Turning Out Prisoners Act''.\n\nSEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.\n\n (a) In General.--Section 3626 of title 18, United States Code, is \namended to read as follows:\n``Sec. 3626. Appropriate remedies with respect to prison crowding\n ``(a) Requirements for Relief.--\n ``(1) Limitations on prospective relief.--Prospective \n relief in a civil action with respect to prison conditions \n shall extend no further than necessary to remove the conditions \n that are causing the deprivation of the Federal rights of \n individual plaintiffs in that civil action. The court shall not \n grant or approve any prospective relief unless the court finds \n that such relief is narrowly drawn and the least intrusive \n means to remedy the violation of the Federal right. In \n determining the intrusiveness of the relief, the court shall \n give substantial weight to any adverse impact on public safety \n or the operation of a criminal justice system caused by the \n relief.\n ``(2) Prison population reduction relief.--In any civil \n action with respect to prison conditions, the court shall not \n grant or approve any relief whose purpose or effect is to \n reduce or limit the prison population, unless the plaintiff \n proves that crowding is the primary cause of the deprivation of \n the Federal right and no other relief will remedy that \n deprivation.\n ``(b) Termination of Relief.--\n ``(1) Automatic termination of prospective relief after 2-\n year period.--In any civil action with respect to prison \n conditions, any prospective relief shall automatically \n terminate 2 years after the later of--\n ``(A) the date the court found the violation of a \n Federal right that was the basis for the relief; or\n ``(B) the date of the enactment of the Stop Turning \n Out Prisoners Act.\n ``(2) Immediate termination of prospective relief.--In any \n civil action with respect to prison conditions, a defendant or \n intervenor shall be entitled to the immediate termination of \n any prospective relief, if that relief was approved or granted \n in the absence of a finding by the court that prison conditions \n violated a Federal right.\n ``(c) Procedure for Motions Affecting Prospective Relief.--\n ``(1) Generally.--The court shall promptly rule on any \n motion to modify or terminate prospective relief in a civil \n action with respect to prison conditions.\n ``(2) Automatic stay.--Any prospective relief subject to a \n pending motion shall be automatically stayed during the \n period--\n ``(A) beginning on the 30th day after such motion \n is filed, in the case of a motion made under subsection \n (b); and\n ``(B) beginning on the 180th day after such motion \n is filed, in the case of a motion made under any other \n law;\n and ending on the date the court enters a final order ruling on \n that motion.\n ``(d) Standing.--Any Federal, State, or local official or unit of \ngovernment--\n ``(1) whose jurisdiction or function includes the \n prosecution or custody of persons in a prison subject to; or\n ``(2) who otherwise is or may be affected by;\nany relief whose purpose or effect is to reduce or limit the prison \npopulation shall have standing to oppose the imposition or continuation \nin effect of that relief and may intervene in any proceeding relating \nto that relief. Standing shall be liberally conferred under this \nsubsection so as to effectuate the remedial purposes of this section.\n ``(e) Special Masters.--In any civil action in a Federal court with \nrespect to prison conditions, any special master or monitor shall be a \nUnited States magistrate and shall make proposed findings on the record \non complicated factual issues submitted to that special master or \nmonitor by the court, but shall have no other function. The parties may \nnot by consent extend the function of a special master beyond that \npermitted under this subsection.\n ``(f) Attorney's Fees.--No attorney's fee under section 722 of the \nRevised Statutes of the United States (42 U.S.C. 1988) may be granted \nto a plaintiff in a civil action with respect to prison conditions \nexcept to the extent such fee is--\n ``(1) directly and reasonably incurred in proving an actual \n violation of the plaintiff's federal rights; and\n ``(2) proportionally related to the extent the plaintiff \n obtains court ordered relief for that violation.''.\n ``(g) Definitions.--As used in this section--\n ``(1) the term `prison' means any Federal, State, or local \n facility that incarcerates or detains juveniles or adults \n accused of, convicted of, sentenced for, or adjudicated \n delinquent for, violations of criminal law;\n ``(2) the term `relief' means all relief in any form which \n may be granted or approved by the court, and includes consent \n decrees and settlement agreements; and\n ``(3) the term `prospective relief' means all relief other \n than compensatory monetary damages.''\n (b) Application of Amendment.--Section 3626 of title 18, United \nStates Code, as amended by this section, shall apply with respect to \nall relief (as defined in such section) whether such relief was \noriginally granted or approved before, on, or after the date of the \nenactment of this Act.","summary":"Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief, (2) procedure for motions affecting prospective relief, (3) standing, (4) special masters, and (5) attorney's fees.","title":"Stop Turning Out Prisoners Act","text_len":5816,"sum_len":1294} {"bill_id":"105_hr301","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prostate Cancer Diagnosis and \nTreatment Act of 1997''.\n\nSEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG \n TREATMENTS.\n\n (a) Coverage of Screening Services.--\n (1) In general.--Section 1861(s)(2) of the Social Security \n Act (42 U.S.C. 1395x(s)(2)) is amended--\n (A) by striking ``and'' at the end of subparagraph \n (N);\n (B) by striking ``and'' at the end of subparagraph \n (O); and\n (C) by inserting after subparagraph (O) the \n following new subparagraph:\n ``(P) services for the early detection of prostate cancer \n (as defined in subsection (oo)); and''.\n (2) Services described.--Section 1861 of such Act (42 \n U.S.C. 1395x) is amended by adding at the end the following new \n subsection:\n\n ``Services for the Early Detection of Prostate Cancer\n\n ``(oo) The term `services for the early detection of prostate \ncancer' means the following procedures provided to a man for the \npurpose of early detection of prostate cancer:\n ``(1) Digital rectal examination.\n ``(2) Prostate-specific antigen blood test.\n ``(3) Transrectal ultrasonography.\n ``(4) Such other procedures as the Secretary may designate \n as appropriate for early detection of prostate cancer.''.\n (3) Payment amounts; limitations on frequency of \n coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is \n amended by inserting after subsection (c) the following new \n subsection:\n ``(d) Payment Amounts and Frequency Limits for Services for the \nEarly Detection of Prostate Cancer.--\n ``(1) In general.--Notwithstanding any other provision of \n this part, with respect to expenses incurred for services for \n the early detection of prostate cancer (as defined in section \n 1861(oo))--\n ``(A) payment may be made only for services \n provided consistent with the frequency permitted under \n paragraph (2); and\n ``(B) the amount of the payment under this part \n shall be equal to 80 percent of the lesser of the \n actual charge for the service or--\n ``(i) in the case of a service for the \n early detection of prostate cancer consisting \n of a prostate-specific antigen blood test, the \n fee schedule amount established for the service \n under section 1833(h) (relating to payments for \n clinical diagnostic laboratory tests); or\n ``(ii) in the case of any other service for \n the early detection of prostate cancer, the \n amount provided under the fee schedule \n established by the Secretary under paragraph \n (3) (subject to the deductible established \n under section 1833(b)).\n ``(2) Frequency covered.--\n ``(A) In general.--Subject to subparagraph (B) and \n to revision by the Secretary under subparagraph (C), no \n payment may be made under this part for a service for \n the early detection of prostate cancer provided to an \n individual--\n ``(i) if the individual is under 50 years \n of age; or\n ``(ii) if the service is provided within \n the 11 months after a previous service for the \n early detection of prostate cancer.\n ``(B) Exception for high risk individuals.--Payment \n may be made under this part for a service for the early \n detection of prostate cancer provided to an individual \n more frequently than the limit established under \n subparagraph (A)(ii) if the individual is at a high \n risk of developing prostate cancer (as determined \n pursuant to factors identified by the Secretary).\n ``(C) Revision by secretary.--\n ``(i) Review.--The Secretary, in \n consultation with the Director of the National \n Cancer Institute, shall review periodically the \n appropriate frequency for performing services \n for the early detection of prostate cancer \n based on age and such other factors as the \n Secretary believes to be pertinent.\n ``(ii) Revision of frequency.--The \n Secretary, taking into consideration the review \n made under clause (i), may revise from time to \n time the frequency with which such services may \n be paid for under this subsection, but no such \n revision shall apply to services performed \n before January 1, 2000.\n ``(3) Establishment of fee schedule.--\n ``(A) In general.--The Secretary shall establish \n fee schedules (on such geographic basis as the \n Secretary considers appropriate) for payment for \n services for the early detection of prostate cancer \nunder this part (other than prostate-specific antigen blood tests), \neffective for services furnished after the expiration of the 90-day \nperiod beginning on the date the Secretary establishes the fee \nschedules.\n ``(B) Factors considered.--In establishing fee \n schedules under subparagraph (A), the Secretary shall \n take into consideration variations in the cost of \n furnishing such services among geographic areas and \n among different sites where services are furnished, \n together with such other factors as may be appropriate \n to assure that payment amounts are equitable.\n ``(4) Limiting charges of nonparticipating physicians.--In \n the case of a service for the early detection of prostate \n cancer for which payment may be made under this part, if a \n nonparticipating physician or nonparticipating supplier or \n other person (as defined in section 1842(i)(2)) who does not \n accept payment on an assignment-related basis provides the \n service to an individual enrolled under this part, section \n 1848(g)(1) shall apply to the service in the same manner as \n such section applies to a physician's service.''.\n (4) Conforming amendments.--(A) Paragraphs (1)(D) and \n (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are \n each amended by striking ``subsection (h)(1),'' and inserting \n ``subsection (h)(1) or section 1834(d)(1)(B)(i),''.\n (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) \n is amended--\n (i) by striking ``and (P)'' and inserting ``(P)''; \n and\n (ii) by striking the semicolon at the end and \n inserting the following: ``, and (Q) with respect to \n services for the early detection of prostate cancer (as \n defined in section 1861(oo)) (other than prostate-\n specific antigen tests), the amounts paid shall be the \n amounts described in section 1834(d)(1);''.\n (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is \n amended--\n (i) by striking ``and'' at the end of paragraph \n (6);\n (ii) by striking the period at the end of paragraph \n (7) and inserting ``; and''; and\n (iii) by adding at the end the following new \n paragraph:\n ``(8) in the case of services for the early detection of \n prostate cancer (as defined in section 1861(oo)) (other than \n prostate-specific antigen tests), the amounts described in \n section 1834(d)(1).''.\n (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. \n 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and \n inserting ``Subject to section 1834(d), the Secretary''.\n (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is \n amended--\n (i) in paragraph (1)--\n (I) in subparagraph (E), by striking \n ``and'' at the end,\n (II) in subparagraph (F), by striking the \n semicolon at the end and inserting ``, and'', \n and\n (III) by adding at the end the following \n new subparagraph:\n ``(G) in the case of services for the early detection of \n prostate cancer (as defined in section 1861(oo)), which are \n performed more frequently than is covered under section \n 1834(d)(2);''; and\n (ii) in paragraph (7), by striking ``paragraph \n (1)(B) or under paragraph (1)(F)'' and inserting \n``subparagraphs (B), (F), or (G) of paragraph (1)''.\n (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the \nSocial Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection \n(a)(1), is further amended--\n (1) by striking ``and'' at the end of subparagraph (P);\n (2) by adding ``and'' at the end of subparagraph (Q); and\n (3) by adding at the end the following new subparagraph:\n ``(R) an oral drug prescribed for the treatment of prostate \n cancer, if the use of the drug for such purpose is a medically \n accepted indication under subsection (t)(2);''.\n (c) Effective Date.--The amendments made by this section shall \napply to services provided on or after January 1, 1998, without regard \nto whether or not the Secretary has established fee schedules under \nsection 1834(d)(3) of the Social Security Act (as added by subsection \n(a)(3)) or promulgated other regulations to carry out such amendments \nby that date.\n\nSEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS.\n\n (a) Preventive Health Services.--Section 1701(9) of title 38, \nUnited States Code is amended--\n (1) by redesignating subparagraphs (J) and (K) as \n subparagraphs (K) and (L), respectively; and\n (2) by inserting after subparagraph (I) the following new \n subparagraph (J):\n ``(J) tests for the early detection and diagnosis of \n prostate cancer;''.\n (b) Coverage of Services for Early Detection and Treatment of \nProstate Cancer.--\n (1) In general.--Chapter 17 of such title is amended by \n inserting after section 1724 the following new section:\n``Sec. 1725. Prostate cancer detection and treatment\n ``(a) The Secretary shall include in the medical services furnished \nto veterans under this chapter--\n ``(1) services for the early detection and treatment of \n prostate cancer;\n ``(2) information on the early detection and treatment of \n prostate cancer; and\n ``(3) counseling regarding prostate cancer.\n ``(b) Based on the best available medical evidence, the Secretary \nshall implement a schedule for early detection of prostate cancer for \nveterans confined to hospitals or other institutions.\n ``(c) For the purposes of this section--\n ``(1) services for the early detection of prostate cancer \n are procedures provided to a male for the purpose of the early \n detection of prostate cancer, including digital rectal \n examinations, prostate-specific antigen blood tests, and \n transrectal ultrasonography; and\n ``(2) services for treatment of prostate cancer may include \n the furnishing of drugs approved by the Food and Drug \n Administration for the treatment of prostate cancer.\n ``(d) The Secretary may carry out research and research training in \nthe diagnosis and treatment of prostate cancer based upon the prostate \ncancer services provided under this section and may develop guidelines \noutlining effective treatment regimens for prostate cancer.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by inserting after the \n item relating to section 1724 the following new item:\n\n``1725. Prostate cancer detection and treatment.''.","summary":"Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service.","title":"Prostate Cancer Diagnosis and Treatment Act of 1997","text_len":12950,"sum_len":443} {"bill_id":"112_s1957","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayers Right to Know Act''.\n\nSEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE \n BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS.\n\n (a) Requirement To Identify and Describe Programs.--Each fiscal \nyear, for purposes of the report required by subsection (b), the head \nof each agency shall--\n (1) identify and describe every program administered by the \n agency;\n (2) for each such program--\n (A) determine the total administrative expenses of \n the program;\n (B) determine the expenditures for services for the \n program;\n (C) estimate the number of clients served by the \n program and beneficiaries who received assistance under \n the program (if applicable); and\n (D) estimate--\n (i) the number of full-time employees who \n administer the program; and\n (ii) the number of full-time equivalents \n (whose salary is paid in part or full by the \n Federal Government through a grant or contract, \n a subaward of a grant or contract, a \n cooperative agreement, or another form of \n financial award or assistance) who assist in \n administering the program; and\n (3) identify programs within the Federal Government \n (whether inside or outside the agency) with duplicative or \n overlapping missions, services, and allowable uses of funds.\n (b) Relationship to Catalog of Domestic Assistance.--With respect \nto the requirements of subsections (a)(1) and (a)(2)(B), the head of an \nagency may use the same information provided in the catalog of domestic \nand international assistance programs in the case of any program that \nis a domestic or international assistance program.\n (c) Report.--Not later than February 1 of each fiscal year, the \nhead of each agency shall publish on the official public website of the \nagency a report containing the following:\n (1) The information required under subsection (a) with \n respect to the preceding fiscal year.\n (2) The latest performance reviews (including the program \n performance reports required under section 1116 of title 31, \n United States Code) of each program of the agency identified \n under subsection (a)(1), including performance indicators, \n performance goals, output measures, and other specific metrics \n used to review the program and how the program performed on \n each.\n (3) For each program that makes payments, the latest \n improper payment rate of the program and the total estimated \n amount of improper payments, including fraudulent payments and \n overpayments.\n (4) The total amount of unspent and unobligated program \n funds held by the agency and grant recipients (not including \n individuals) stated as an amount--\n (A) held as of the beginning of the fiscal year in \n which the report is submitted; and\n (B) held for five fiscal years or more.\n (5) Such recommendations as the head of the agency \n considers appropriate--\n (A) to consolidate programs that are duplicative or \n overlapping;\n (B) to eliminate waste and inefficiency; and\n (C) to terminate lower priority, outdated, and \n unnecessary programs and initiatives.\n (d) Definitions.--In this Act:\n (1) Administrative expenses.--The term ``administrative \n costs'' has the meaning as determined by the Director of the \n Office of Management and Budget under section 504(b)(2) of \n Public Law 111-85 (31 U.S.C. 1105 note), except the term shall \n also include, for purposes of that section and this section, \n with respect to an agency--\n (A) costs incurred by the agency as well as costs \n incurred by grantees, subgrantees, and other recipients \n of funds from a grant program or other program \n administered by the agency; and\n (B) expenses related to personnel salaries and \n benefits, property management, travel, program \n management, promotion, reviews and audits, case \n management, and communication about, promotion of, and \n outreach for programs and program activities \n administered by the agency.\n (2) Services.--The term ``services'' has the meaning \n provided by the Director of the Office of Management and Budget \n and shall be limited to only activities, assistance, and aid \n that provide a direct benefit to a recipient, such as the \n provision of medical care, assistance for housing or tuition, \n or financial support (including grants and loans).\n (3) Agency.--The term ``agency'' has the same meaning given \n that term in section 551(1) of title 5, United States Code, \n except that the term also includes offices in the legislative \n branch other than the Government Accountability Office.\n (4) Performance indicator, performance goal, output \n measure, program activity.--The terms ``performance \n indicator'', ``performance goal'', ``output measure'', and \n ``program activity'' have the meanings provided by section 1115 \n of title 31, United States Code.\n (5) Program.--The term ``program'' has the meaning provided \n by the Director of the Office of Management and Budget and \n shall include, with respect to an agency, any organized set of \n activities directed toward a common purpose or goal undertaken \n by the agency that includes services, projects, processes, or \n financial or other forms of assistance, including grants, \n contracts, cooperative agreements, compacts, loans, leases, \n technical support, consultation, or other guidance.\n\nSEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS.\n\n (a) Addition of International Assistance Programs.--\n (1) In general.--Section 6101 of title 31, United States \n Code, is amended by adding at the end the following:\n ``(7) The term `international assistance' has the meaning \n provided by the Director of the Office of Management and Budget \n and shall include, with respect to an agency, assistance \n including grants, contracts, compacts, loans, leases, and other \n financial and technical support to--\n ``(A) foreign nations;\n ``(B) international organizations;\n ``(C) services provided by programs administered by \n any agency outside of the territory of the United \n States; and\n ``(D) services funded by any agency provided in \n foreign nations or outside of the territory of the \n United States by non-governmental organizations and \n entities.\n ``(8) The term `assistance program' means each of the \n following:\n ``(A) A domestic assistance program.\n ``(B) An international assistance program.''.\n (2) Conforming amendments.--\n (A) Section 6102 of title 31, Untied States Code, \n is amended--\n (i) in subsection (a), in the matter \n preceding paragraph (1), by striking \n ``domestic'' both places it appears; and\n (ii) in subsection (b), by striking \n ``domestic''.\n (B) Section 6104 of such title is amended--\n (i) in subsections (a) and (b), by \n inserting ``and international assistance'' \n after ``domestic assistance'' each place it \n appears; and\n (ii) in the section heading, by inserting \n ``and international'' after ``domestic''.\n (b) Additional Information Required To Be Included Catalog.--\nSection 6104(b) of title 31, United States Code, is amended--\n (1) by striking ``and'' at the end of paragraph (2);\n (2) by striking the period at the end of paragraph (3) and \n inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(4) the information required in paragraphs (1) through \n (4) of subsection (b) of the Taxpayers Right to Know Act;\n ``(5) the budget function or functions applicable to each \n assistance program contained in the catalog;\n ``(6) with respect to each assistance program in the \n catalog, an electronic link to the annual report required by \n section 2(b) of the Taxpayers Right to Know Act by the agency \n that carries out the assistance program; and\n ``(7) the authorization and appropriation amount provided \n by law for each assistance program in the catalog in the \n current fiscal year, and a notation if the program is not \n authorized in the current year, has not been authorized in law, \n or does not receive a specific line item appropriation.''.\n (c) Report Related to Compliance With Catalog Requirements.--\nSection 6104 of title 31, United States Code, is further amended by \nadding at the end the following new subsection:\n ``(e) Compliance.--On the website of the catalog of Federal \ndomestic and international assistance information, the Administrator \nshall provide the following:\n ``(1) Contact information.--The title and contact \n information for the person in each agency responsible for the \n implementation, compliance, and quality of the data in the \n catalog.\n ``(2) Report.--An annual report compiled by the \n Administrator of domestic assistance programs, international \n assistance programs, and agencies with respect to which the \n requirements of this chapter are not met.''.\n (d) Bulk Downloads of Data.--Section 6103 of such title is amended \nby adding at the end the following new subsection:\n ``(d) Bulk Downloads.--The information in the catalog of domestic \nand international assistance under section 6104 of this title shall be \navailable on a regular basis through bulk downloads from the website of \nthe catalog.''.\n (e) Revision to Agency Definition.--Section 6101(2) of such title \nis amended by inserting before the period at the end the following: \n``except such term also includes offices in the legislative branch \nother than the Government Accountability Office''.\n\nSEC. 4. REGULATIONS AND IMPLEMENTATION.\n\n (a) Regulations.--Not later than 120 days after the date of the \nenactment of this Act, the Director of the Office of Management and \nBudget shall prescribe regulations to implement this Act.\n (b) Implementation.--This Act shall be implemented beginning with \nthe first full fiscal year occurring after the date of the enactment of \nthis Act.","summary":"Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency. (2) determine the total administrative expenses and expenditures for services for each program. (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program. (4) estimate the number of full-time federal and contract employees who administer each program. And (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States, (2) information required by this Act. And (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog.","title":"A bill to provide taxpayers with an annual report disclosing the cost of, performance by, and areas for improvements for Government programs, and for other purposes.","text_len":11617,"sum_len":1458} {"bill_id":"114_s997","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nConstruction, Accountability, and Reform Act''.\n\nSEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO \n REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN \n AURORA, COLORADO.\n\n The Secretary of Veterans Affairs may carry out the major medical \nfacility project to replace the medical center of the Department of \nVeterans Affairs in Aurora, Colorado, planned for under section 213(1) \nof the Veterans Health Care, Capital Asset, and Business Improvement \nAct of 2003 (Public Law 108-170; 117 Stat. 2049), in an amount not to \nexceed a total of $1,730,000,000.\n\nSEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO \n REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN \n AURORA, COLORADO, IS OPERATIONAL.\n\n (a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.--\nDuring fiscal years 2015 and 2016, the Secretary of Veterans Affairs \nmay not pay any bonus.\n (b) Prohibition on Bonuses Until Operation of Medical Center.--If \nthe major medical facility project specified in section 2 to replace \nthe Department of Veterans Affairs Medical Center in Aurora, Colorado, \nis not completed by September 30, 2016, the Secretary may not pay any \nbonus until the date on which the Secretary certifies to the Committee \non Veterans' Affairs of the Senate and the Committee on Veterans' \nAffairs of the House of Representatives that such major medical \nfacility project is fully operational.\n (c) Limitation on Bonuses.--During the fiscal year in which the \nSecretary may begin to pay a bonus pursuant to subsection (b), and each \nfiscal year thereafter through fiscal year 2024, the Secretary shall \nensure that the aggregate amount of bonuses paid by the Secretary \nduring each such fiscal year does not exceed $360,000,000.\n (d) Bonus Defined.--In this subsection, the term ``bonus'' means \nany bonus or award under chapter 45 or 53 of title 5, United States \nCode, or any other bonus or award authorized under such title or title \n38, United States Code.\n (e) Conforming Repeal.--Section 705 of the Veterans Access, Choice, \nand Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) \nis repealed.\n\nSEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN \n AURORA, COLORADO.\n\n (a) Transfer of Construction Agent Responsibilities.--\n (1) In general.--Not later than 90 days after the date of \n the enactment of this Act, the Secretary of Veterans Affairs \n shall enter into an agreement with the Secretary of the Army, \n acting through the Chief of Engineers, for the Army Corps of \n Engineers to carry out, on a reimbursable basis, the design, \n contract, construction management, and other similar services \n for the Aurora medical facility project.\n (2) Treatment of agreement.--The agreement entered into \n under paragraph (1) shall be subject to subsections (b) through \n (e) of section 1535 of title 31, United States Code.\n (b) Duties.--\n (1) In general.--Under the agreement entered into under \n subsection (a), the Army Corps of Engineers may perform the \n project, design, contract, and construction management \n necessary to complete the work at the Aurora medical facility \n project that is remaining as of the date of the enactment of \n this Act.\n (2) New contracts.--\n (A) In general.--The authority under paragraph (1) \n shall include the authority to enter into new contracts \n in accordance with the Federal Acquisition Regulation \n to fulfill construction agent responsibilities \n associated with the Aurora medical facility project.\n (B) Prime contractor.--The Secretary of the Army, \n acting through the Chief of Engineers, shall determine \n whether entering into a new contract agreement with the \n prime contractor as of the date of the enactment of \n this Act is consistent with the Federal Acquisition \n Regulation and in the best interests of the Federal \n Government.\n (3) Information required.--In accordance with subsection \n (d)(1), the Secretary of Veterans Affairs shall provide the \n Army Corps of Engineers with the information needed to ensure \n that the Army Corps of Engineers understands the requirements \n for the successful operation of the Aurora medical facility \n project.\n (c) Plans and Reports.--\n (1) Completion plans.--Not later than 60 days after \n entering into the agreement under subsection (a), the Secretary \n of Veterans Affairs, based upon the advice of the Army Corps of \n Engineers provided under such agreement, shall submit to the \n Committee on Veterans' Affairs of the Senate and the Committee \n on Veterans' Affairs of the House of Representatives detailed \n plans, including estimated costs, to complete construction of \n the Aurora medical facility project.\n (2) Progress reports.--Not later than 180 days after \n entering into the agreement under subsection (a), and each 180-\n day period thereafter until the date on which the Aurora \n medical facility project is completed, the Secretary of \n Veterans Affairs, based on the advice of the Army Corps of \n Engineers provided under the agreement entered into under \n subsection (a), shall submit to the Committees on Veterans' \n Affairs of the House of Representatives and Senate a report \n detailing the progress on the Aurora medical facility project.\n (d) Cooperation.--\n (1) Information.--The Secretary of Veterans Affairs shall \n provide the Army Corps of Engineers with any documents or \n information that the Army Corps of Engineers determines \n necessary to carry out subsections (a) and (b).\n (2) Assistance.--\n (A) In general.--Upon request by the Army Corps of \n Engineers, the Secretary of Veterans Affairs shall \n provide to the Army Corps of Engineers any assistance \n that the Army Corps of Engineers determines necessary \n to carry out subsections (a) and (b).\n (B) No cost.--Any assistance provided under \n subparagraph (A) shall be at no cost to the Army Corps \n of Engineers.\n (e) Aurora Medical Facility Project Defined.--In this section, the \nterm ``Aurora medical facility project'' means the major medical \nfacility project specified in section 2 to replace the medical center \nof the Department of Veterans Affairs in Aurora, Colorado.\n\nSEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR \n MEDICAL FACILITY PROJECTS.\n\n (a) Army Corps of Engineers.--Subchapter I of chapter 81 of title \n38, United States Code, is amended by inserting after section 8103 the \nfollowing new section:\n``Sec. 8103A. Authority of Army Corps of Engineers to carry out major \n medical facility projects\n ``(a) Prohibition.--Notwithstanding any other provision of law, the \nSecretary may not carry out any major medical facility project.\n ``(b) Army Corps of Engineers.--Notwithstanding any other provision \nof law, the Secretary of the Army, acting through the Chief of \nEngineers, shall carry out all major medical facility projects for the \nDepartment.\n ``(c) Agreements.--(1) The Chief of Engineers shall enter into an \nagreement with the Secretary of Veterans Affairs to carry out, on a \nreimbursable basis, design, contract, construction management, and \nsimilar services for major medical facility projects pursuant to \nsubsection (b).\n ``(2) Each agreement entered into under paragraph (1) shall be \nsubject to subsections (b) through (e) of section 1535 of title 31.\n ``(d) Duties.--(1) Under an agreement entered into under subsection \n(c), the Army Corps of Engineers may perform the project, design, \ncontract, and construction management necessary to complete the major \nmedical facility project covered by the agreement, including entering \ninto new contracts in accordance with the Federal Acquisition \nRegulation to fulfill construction agent responsibilities associated \nwith such project.\n ``(2) The Secretary shall provide the Army Corps of Engineers with \nany documents or information needed for the Army Corps of Engineers to \ncarry out major medical facility projects pursuant to subsection (b).\n ``(3) Upon request by the Army Corps of Engineers, the Secretary \nshall provide to the Army Corps of Engineers, at no cost to the Army \nCorps of Engineers, any assistance that the Army Corps of Engineers \ndetermines necessary to carry out major medical facility projects \npursuant to subsection (b).\n ``(e) Major Medical Facility Project Defined.--In this section, the \nterm `major medical facility project' has the meaning given that term \nin section 8104(a)(3)(A) of this title.\n ``(f) Applicability.--This section shall apply with respect to any \nmajor medical facility project that begins after the date of the \nenactment of this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n8103 the following new item:\n\n ``8103A. Authority of Army Corps of Engineers to carry out \n major medical facility projects.''.\n (c) Conforming Amendments.--Title 38, United States Code, is \nfurther amended--\n (1) in section 312A(c)--\n (A) in paragraph (1), by striking ``The Director \n of'' and inserting ``Except as provided by section \n 8103A of this title, the Director of''; and\n (B) in paragraph (2), by striking ``In carrying \n out'' and inserting ``Except as provided by section \n 8103A of this title, in carrying out'';\n (2) in section 8103(a), by striking ``section 8104'' and \n inserting ``sections 8103A and 8104'';\n (3) in section 8104, by adding at the end the following new \n subsection:\n ``(i) The Secretary shall carry out this section in accordance with \nsection 8103A of this title, including with respect to obligating or \nexpending funds described in this section.''; and\n (4) in section 8106--\n (A) in subsection (a), by striking ``The Secretary \n may'' and inserting ``Subject to section 8103A of this \n title, the Secretary may'';\n (B) in subsection (b)(1), by striking ``The \n Secretary may'' and inserting ``Subject to section \n 8103A of this title, the Secretary may''; and\n (C) in subsection (c), by inserting ``(except under \n section 8103A)'' after ``this subchapter''.\n\nSEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF \n VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO.\n\n (a) Review.--\n (1) In general.--The Comptroller General of the United \n States shall review the management by the Secretary of Veterans \n Affairs of the Aurora medical facility project, including with \n respect to the thoroughness and accuracy of the investigation \n into mismanagement conducted by the administrative \n investigation board established by the Secretary.\n (2) Elements.--The review required under paragraph (1) \n shall include a review of the following:\n (A) Any potential misconduct or criminal activity \n committed by employees of the Department of Veterans \n Affairs that may have contributed to the significant \n cost overruns of the Aurora medical facility project.\n (B) When senior officials of the Department knew, \n or should have known, that such project was likely to \n incur significant cost overruns.\n (C) The justification of the Secretary for \n withholding from Congress any information relating to \n the significant cost overruns of such project.\n (b) Report.--Not later than 180 days after the date on which the \nSecretary of Veterans Affairs concludes the investigation conducted by \nthe administrative investigation board described in subsection (a), the \nComptroller General of the United States shall submit to the Committee \non Veterans' Affairs of the Senate and the Committee on Veterans' \nAffairs of the House of Representatives a report containing the results \nof the review required under such subsection.\n (c) Aurora Medical Facility Project Defined.--In this section, the \nterm ``Aurora medical facility project'' means the major medical \nfacility project specified in section 2 to replace the medical center \nof the Department of Veterans Affairs in Aurora, Colorado.\n\nSEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL \n FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS.\n\n Section 8104(c) of title 38, United States Code, is amended by \nstriking ``30 days'' and inserting ``120 days''.","summary":"Department of Veterans Affairs Construction, Accountability, and Reform Act This bill authorizes the Secretary of Veterans Affairs (VA) to carry out the Aurora medical facility project to replace the VA Medical Center in Aurora, Colorado. The Secretary may not pay any bonus during FY2015-FY2016. If the project to replace the VA Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to Congress that such major medical facility project is fully operational. The aggregate amount of subsequent fiscal year bonuses is capped through FY2024. The Secretary shall enter into an agreement with the Secretary of the Army for the Army Corps of Engineers to carry out the design, contract, construction management, and other similar services for the Aurora project. The Secretary is prohibited from carrying out any major medical facility project. The Secretary of the Army, through the Chief of Engineers, shall carry out all major medical facility projects for the Department. The Government Accountability Office shall review the Secretary's management of the Aurora project. The Secretary must notify Congress at least 120 days before obligating funds for major medical facility projects that exceed authorized amounts.","title":"Department of Veterans Affairs Construction, Accountability, and Reform Act","text_len":13593,"sum_len":1321} {"bill_id":"114_s2120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Justice Outreach Act of \n2015''.\n\nSEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COORDINATED OUTREACH \n FOR JUSTICE-INVOLVED VETERANS AT RISK OF HOMELESSNESS.\n\n (a) Program Required.--\n (1) In general.--Subchapter III of chapter 20 of title 38, \n United States Code, is amended--\n (A) by redesignating sections 2022 and 2023 as \n sections 2023 and 2024, respectively; and\n (B) by inserting after section 2021A the following \n new section 2022:\n``Sec. 2022. Coordination of outreach for justice-involved veterans at \n risk of homelessness\n ``(a) Program Required.--The Secretary shall carry out a program to \nsupport veterans in contact with the criminal justice system by \ndiscouraging unnecessary criminalization of mental illness and other \nnonviolent crimes.\n ``(b) Partnership.--The Secretary shall carry out the program \nrequired by subsection (a) in partnership with local law enforcement, \njudicial, and community-based treatment and legal assistance \norganizations.\n ``(c) Authorized Activities.--In carrying out the program required \nby subsection (a), the Secretary may conduct the following:\n ``(1) Training for police, prosecutors, courts, public \n defenders, and other community-based support organizations on \n matters relating to psychological trauma associated with \n military service and mental health and substance abuse services \n available from the Department.\n ``(2) Support for courts and their officers, including \n physical presence in the courtroom setting, by facilitating \n mental health assessments, treatment planning, referrals to \n Department services, or such other services as may be requested \n by the courts.\n ``(3) Such other outreach and assistance as the Secretary \n considers appropriate for the provision of support described in \n subsection (a).\n ``(d) Justice Outreach Coordinators.--(1) In order to effectively \nassist veterans in contact with the criminal justice system, the \nSecretary shall establish coordinators to provide outreach under the \nprogram required by subsection (a).\n ``(2) The Secretary shall ensure that each coordinator established \nunder paragraph (1) is knowledgeable about psychological and \npsychiatric evaluation in relation to justice-based forensic matters, \nsuch as--\n ``(A) psychiatric diagnosis;\n ``(B) developmental disabilities;\n ``(C) medical issues, such as traumatic brain injury;\n ``(D) competency and sanity;\n ``(E) neglect and abuse;\n ``(F) parental rights; and\n ``(G) life threatening issues, such as suicidality and \n homicidally.\n ``(e) Veteran in Contact With the Criminal Justice System \nDefined.--In this section, the term `veteran in contact with the \ncriminal justice system' includes the following:\n ``(1) A veteran in contact with local law enforcement who \n can be appropriately diverted from arrest to mental health \n treatment.\n ``(2) A veteran in local jail either pretrial or serving a \n sentence.\n ``(3) A veteran in adjudication or monitoring by a \n court.''.\n (2) Conforming amendment.--Section 2023(f) of such title, \n as redesignated by paragraph (1)(A), is amended in paragraphs \n (2)(C) and (3)(C) by striking ``section 2023'' both places it \n appears and inserting ``section 2024''.\n (3) Clerical amendment.--The table of sections at the \n beginning of chapter 20 of such title is amended by striking \n the items relating to sections 2022 and 2023 and inserting the \n following new items:\n\n``2022. Coordination of outreach for justice-involved veterans at risk \n of homelessness.\n``2023. Coordination of outreach services for veterans at risk of \n homelessness.\n``2024. Referral and counseling services: veterans at risk of \n homelessness who are transitioning from \n certain institutions.''.\n (b) Report.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary of Veterans Affairs \n shall submit to Congress a report on the program carried out \n under section 2022(a) of such title, as added by subsection \n (a)(1).\n (2) Contents.--The report submitted under paragraph (1) \n shall include an assessment of the following:\n (A) The number of coordinators established under \n section 2022(d)(1) of such title, as added by \n subsection (a)(1).\n (B) The training of such coordinators.\n (C) The capabilities of such coordinators.\n (D) The capacity of the program carried out under \n section 2022(a) of such title, as so added, to meet the \n demand of veterans and courts for services under the \n program.","summary":"Veterans Justice Outreach Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. The program shall be carried out in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. The VA shall establish coordinators to provide program outreach.","title":"Veterans Justice Outreach Act of 2015","text_len":5288,"sum_len":490} {"bill_id":"114_hr5230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act \nof 2016''.\n\nSEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES.\n\n (a) In General.--It shall be unlawful for any person to establish, \noperate, promote or cause to be promoted a pyramid promotional scheme.\n (b) Enforcement by the Federal Trade Commission.--A violation of \nsubsection (a) shall be treated as an unfair or deceptive act or \npractice in or affecting commerce under section 5 of the Federal Trade \nCommission Act (15 U.S.C. 45). The Federal Trade Commission shall \nenforce such subsection in the same manner, by the same means, and with \nthe same jurisdiction, powers, and duties as though all applicable \nterms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 \net seq.) were incorporated into and made a part of this Act.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) Appropriate inventory repurchase agreement.--The term \n ``appropriate inventory purchase agreement'' means a program by \n which a plan or operation repurchases, upon request at the \n termination of a participant's business relationship with the \n plan or operation and based upon commercially reasonable terms, \n current and marketable inventory purchased and maintained by \n the participant for resale, use, or consumption, and such plan \n or operation in its recruiting literature, sales manual, and \n contracts with participants, including the manner in which the \n repurchase is exercised, and disclosure of any inventory that \n is not eligible for repurchase under the program.\n (2) Commercially reasonable terms.--The term ``commercially \n reasonable terms'' means the repurchase of current and \n marketable inventory within 12 months from the date of purchase \n at not less than 90 percent of the original net cost to the \n participant, less appropriate set-offs and legal claims, if \n any.\n (3) Compensation.--The term ``compensation'' means the \n payment of any money, thing of value, financial benefits, or \n position within the plan or operation;\n (4) Consideration.--The term ``consideration''--\n (A) means the payment of money or another thing of \n value or the purchase of a product, good, service, \n intangible property; and\n (B) does not include--\n (i) the purchase of a product furnished at \n cost to be used in making a sale and not for \n resale; or\n (ii) any time and effort spent in pursuit \n of sales or recruiting activities.\n (5) Current and marketable.--The term ``current and \n marketable'', with respect to inventory--\n (A) means inventory that--\n (i) in the case of consumable or durable \n goods, is unopened, unused, and within its \n commercially reasonable use or shelf-life \n period; and\n (ii) in the case services and intangible \n property, including Internet sites, represents \n the unexpired portion of any contract or \n agreement; and\n (B) does not include inventory that has been \n clearly described to the participant prior to purchase \n as discounted, seasonal, special promotion item, or not \n subject to the plan or operation's inventory repurchase \n program.\n (6) Inventory.--The term ``inventory'' means both goods and \n services, including company produced promotional material, \n sales aids, and sales kits that the plan or operation requires \n participants to purchase.\n (7) Inventory loading.--The term ``inventory loading'' \n means that the plan or operation requires or encourages its \n participants to purchase inventory in an amount that \n unreasonably exceeds that which the participant can expect to \n resell to ultimate users, or to use or consume, in a reasonable \n period of time.\n (8) Participant.--The term ``participant'' means a person \n who joins the plan or operation.\n (9) Pyramid promotional scheme.--The term ``pyramid \n promotional scheme'' means a plan or operation by which a \n person gives consideration to a participant for the right to \n receive compensation that is derived primarily from a \n participant's introduction of another person into the plan or \n operation rather than from the sale of products to ultimate \n users.\n (10) Ultimate user.--The term ``ultimate user'' means a \n non-participant in the plan or operation, or a participant who \n purchases reasonable amounts of products, goods, services, or \n intangible property for personal use and whose purchase is not \n made solely for purposes of qualifying for increased \n compensation.\n\nSEC. 4. LIMITATIONS.\n\n Nothing in this Act shall be construed to--\n (1) limit the authority of any Federal official from \n proceeding against pyramid promotional schemes for other \n violations of Federal law, including the Federal Trade \n Commission Act;\n (2) allow for a defense to an enforcement action under \n section 2 of this Act that the alleged pyramid promotional \n scheme involved both a franchise to sell a product and the \n authority to sell additional franchises if the emphasis of the \n alleged pyramid promotional scheme is on the sale of additional \n franchises; or\n (3) allow for a defense to an enforcement action under \n section 2 of this Act that the alleged pyramid promotional \n scheme included repurchase agreement inventory loading programs \n if the emphasis of the alleged pyramid promotional scheme is on \n the sale of additional franchises.","summary":"Anti-Pyramid Promotional Scheme Act of 2016 This bill prohibits the establishment, operation, or promotion of a pyramid promotional scheme, which is defined as a plan or operation by which a person gives consideration to a participant in the scheme for the right to receive compensation derived primarily from the participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. The bill grants enforcement authority to the Federal Trade Commission and requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.","title":"Anti-Pyramid Promotional Scheme Act of 2016","text_len":6269,"sum_len":631} {"bill_id":"104_s1610","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Contractor Tax \nSimplification Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) Simplifying the tax rules with respect to independent \n contractors was the top vote-getter at the 1995 White House \n Conference on Small Business. Conference delegates recommended \n that Congress ``should recognize the legitimacy of an \n independent contractor''. The Conference found that the current \n common law is ``too subjective'' and called upon the Congress \n to establish ``realistic and consistent guidelines''.\n (2) It is in the best interests of taxpayers and the \n Federal Government to have fair and objective rules for \n determining who is an employee and who is an independent \n contractor.\n\nSEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT \n EMPLOYEES.\n\n (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 \n(general provisions relating to employment taxes) is amended by adding \nafter section 3510 the following new section:\n\n``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT \n EMPLOYEES.\n\n ``(a) General Rule.--For purposes of this title, and \nnotwithstanding any provision of this title to the contrary, if the \nrequirements of subsections (b), (c), and (d) are met with respect to \nany service performed by any individual, then with respect to such \nservice--\n ``(1) the service provider shall not be treated as an \n employee,\n ``(2) the service recipient shall not be treated as an \n employer,\n ``(3) the payor shall not be treated as an employer, and\n ``(4) compensation paid or received for such service shall \n not be treated as paid or received with respect to employment.\n ``(b) Service Provider Requirements With Regard to Service \nRecipient.--For the purposes of subsection (a), the requirements of \nthis subsection are met if the service provider, in connection with \nperforming the service--\n ``(1) has a significant investment in assets, training, or \n both,\n ``(2) incurs significant unreimbursed expenses,\n ``(3) agrees to perform the service for a particular amount \n of time or to complete a specific result and is liable for \n damages for early termination without cause,\n ``(4) is paid primarily on a commissioned basis or per unit \n basis, or\n ``(5) purchases products for resale.\n ``(c) Additional Service Provider Requirements With Regard to \nOthers.--For the purposes of subsection (a), the requirements of this \nsubsection are met if--\n ``(1) the service provider--\n ``(A) has a principal place of business,\n ``(B) does not primarily provide the service at the \n service recipient's facilities,\n ``(C) pays a fair market rent for use of the \n service recipient's facilities, or\n ``(D) operates primarily from equipment not \n supplied by the service recipient; or\n ``(2) the service provider--\n ``(A) is not required to perform service \n exclusively for the service recipient, and\n ``(B) in the year involved, or in the preceding or \n subsequent year--\n ``(i) has performed a significant amount of \n service for other persons,\n ``(ii) has offered to perform service for \n other persons through--\n ``(I) advertising,\n ``(II) individual written or oral \n solicitations,\n ``(III) listing with registries, \n agencies, brokers, and other persons in \n the business of providing referrals to \n other service recipients, or\n ``(IV) other similar activities, or\n ``(iii) provides service under a business \n name which is registered with (or for which a \n license has been obtained from) a State, a \n political subdivision of a State, or any agency \n or instrumentality of 1 or more States or \n political subdivisions.\n ``(d) Written Document Requirements.--For purposes of subsection \n(a), the requirements of this subsection are met if the services \nperformed by the individual are performed pursuant to a written \ncontract between such individual and the person for whom the services \nare performed, or the payor, and such contract provides that the \nindividual will not be treated as an employee with respect to such \nservices for purposes of this subtitle.\n ``(e) Special Rules.--For purposes of this section--\n ``(1) Failure to meet reporting requirements.--If for any \n taxable year any service recipient or payor fails to meet the \n applicable reporting requirements of sections 6041(a), \n 6041A(a), or 6051 with respect to a service provider, then, \n unless such failure is due to reasonable cause and not willful \n neglect, this section shall not apply in determining whether \n such service provider shall not be treated as an employee of \n such service recipient or payor for such year.\n ``(2) Related entities.--If the service provider is \n performing services through an entity owned in whole or in part \n by such service provider, then the references to `service \n provider' in subsections (b) through (d) may include such \n entity, provided that the written contract referred to in \n paragraph (1) of subsection (d) may be with either the service \n provider or such entity and need not be with both.\n ``(f) Definitions.--For the purposes of this section--\n ``(1) Service provider.--The term `service provider' means \n any individual who performs service for another person.\n ``(2) Service recipient.--Except as provided in paragraph \n (5), the term `service recipient' means the person for whom the \n service provider performs such service.\n ``(3) Payor.--Except as provided in paragraph (5), the term \n `payor' means the person who pays the service provider for the \n performance of such service in the event that the service \n recipients do not pay the service provider.\n ``(4) In connection with performing the service.--The term \n `in connection with performing the service' means in connection \n or related to--\n ``(A) the actual service performed by the service \n provider for the service recipients or for other \n persons for whom the service provider has performed \n similar service, or\n ``(B) the operation of the service provider's trade \n or business.\n ``(5) Exceptions.--The terms `service recipient' and \n `payor' do not include any entity which is owned in whole or in \n part by the service provider.''\n (b) Clerical Amendment.--The table of sections for chapter 25 of \nsuch Code is amended by adding at the end the following new item:\n\n ``Sec. 3511. Standards for determining \n whether individuals are not \n employees.''\n (c) Effective Date.--The amendments made by this Act shall apply to \nservices performed before, on, or after the date of the enactment of \nthis Act.","summary":"Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met.","title":"Independent Contractor Tax Simplification Act of 1996","text_len":7994,"sum_len":492} {"bill_id":"108_s558","text":"SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.\n\n (a) Definitions.--In this section:\n (1) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary for Indian Health appointed under \n subsection (b)(2)(A).\n (2) Department.--The term ``Department'' means the \n Department of Health and Human Services.\n (3) Office.--The term ``Office'' means the Office of the \n Assistant Secretary for Indian Health established by subsection \n (b)(1).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (b) Establishment.--\n (1) In general.--There is established within the Department \n the Office of the Assistant Secretary for Indian Health.\n (2) Assistant secretary.--\n (A) In general.--Except as provided in subparagraph \n (B), the Office shall be headed by an Assistant \n Secretary for Indian Health, to be appointed by the \n President, by and with the advice and consent of the \n Senate.\n (B) Continued service by incumbent.--The individual \n serving in the position of Director of the Indian \n Health Service on the day before the date of enactment \n of this Act may serve as Assistant Secretary at the \n pleasure of the President after the date of enactment \n of this Act.\n (3) Duties.--The position of Assistant Secretary is \n established to, in a manner consistent with the government-to-\n government relationship between the United States and Indian \n tribes--\n (A) facilitate advocacy for the development of \n appropriate Indian health policy; and\n (B) promote consultation on matters relating to \n Indian health.\n (c) Assistant Secretary for Indian Health.--In addition to the \nfunctions performed as of the date of enactment of this Act by the \nDirector of the Indian Health Service, the Assistant Secretary shall--\n (1) report directly to the Secretary concerning all policy- \n and budget-related matters affecting Indian health;\n (2) collaborate with the Assistant Secretary for Health \n concerning appropriate matters of Indian health that affect the \n agencies of the Public Health Service;\n (3) advise each Assistant Secretary of the Department \n concerning matters of Indian health with respect to which that \n Assistant Secretary has authority and responsibility;\n (4) advise the heads of other agencies and programs of the \n Department concerning matters of Indian health with respect to \n which those heads have authority and responsibility;\n (5) coordinate the activities of the Department concerning \n matters of Indian health; and\n (6) perform such other functions as the Secretary may \n designate.\n (d) Rate of Pay.--\n (1) Positions at level iv.--Section 5315 of title 5, United \n States Code, is amended by striking ``Assistant Secretaries of \n Health and Human Services (6).'' and inserting ``Assistant \n Secretaries of Health and Human Services (7).''.\n (2) Positions at level v.--Section 5316 of title 5, United \n States Code, is amended by striking ``Director, Indian Health \n Service, Department of Health and Human Services.''.\n (e) Duties of Assistant Secretary for Indian Health.--Section 601 \nof the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended \nby striking the section heading and all that follows through subsection \n(a) and inserting the following:\n\n``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF \n THE PUBLIC HEALTH SERVICE.\n\n ``(a) Establishment.--\n ``(1) In general.--In order to more effectively and \n efficiently carry out the responsibilities, authorities, and \n functions of the United States to provide health care services \n to Indians and Indian tribes, there is established within the \n Public Health Service of the Department of Health and Human \n Services the Indian Health Service.\n ``(2) Administration.--The Indian Health Service shall be \n administered by the Assistant Secretary for Indian Health.\n ``(3) Duties.--In carrying out paragraph (2), the Assistant \n Secretary shall--\n ``(A) report directly to the Secretary concerning \n all policy- and budget-related matters affecting Indian \n health;\n ``(B) collaborate with the Assistant Secretary for \n Health concerning appropriate matters of Indian health \n that affect the agencies of the Public Health Service;\n ``(C) advise each Assistant Secretary of the \n Department of Health and Human Services concerning \n matters of Indian health with respect to which that \n Assistant Secretary has authority and responsibility;\n ``(D) advise the heads of other agencies and \n programs of the Department of Health and Human Services \n concerning matters of Indian health with respect to \n which those heads have authority and responsibility;\n ``(E) coordinate the activities of the Department \n of Health and Human Services concerning matters of \n Indian health; and\n ``(F) perform such other functions as the Secretary \n may designate.''.\n (f) Conforming Amendments.--\n (1) Amendments to indian health care improvement act.--The \n Indian Health Care Improvement Act is amended--\n (A) in section 601 (25 U.S.C. 1661)--\n (i) in subsection (c), by striking \n ``Director of the Indian Health Service'' each \n place it appears and inserting ``Assistant \n Secretary for Indian Health''; and\n (ii) in subsection (d)(1), by striking \n ``Director of the Indian Health Service'' and \n inserting ``Assistant Secretary for Indian \n Health''; and\n (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)), \n by striking ``Director of the Indian Health Service'' \n and inserting ``Assistant Secretary for Indian \n Health''.\n (2) Amendments to other provisions of law.--\n (A) Section 3307(b)(1)(C) of the Children's Health \n Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310) \n is amended by striking ``Director of the Indian Health \n Service'' and inserting ``Assistant Secretary for \n Indian Health''.\n (B) The Indian Lands Open Dump Cleanup Act of 1994 \n is amended--\n (i) in section 3 (25 U.S.C. 3902)--\n (I) by striking paragraph (2);\n (II) by redesignating paragraphs \n (1), (3), (4), (5), and (6) as \n paragraphs (4), (5), (2), (6), and (1), \n respectively, and moving those \n paragraphs so as to appear in numerical \n order; and\n (III) by inserting before paragraph \n (4) (as redesignated by subclause (II)) \n the following:\n ``(3) Assistant secretary.--The term `Assistant Secretary' \n means the Assistant Secretary for Indian Health.'';\n (ii) in section 5 (25 U.S.C. 3904), by \n striking the section heading and inserting the \n following:\n\n``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.'';\n\n (iii) in section 6(a) (25 U.S.C. 3905(a)), \n in the subsection heading, by striking \n ``Director'' and inserting ``Assistant \n Secretary'';\n (iv) in section 9(a) (25 U.S.C. 3908(a)), \n in the subsection heading, by striking \n ``Director'' and inserting ``Assistant \n Secretary''; and\n (v) by striking ``Director'' each place it \n appears and inserting ``Assistant Secretary''.\n (C) Section 5504(d)(2) of the Augustus F. Hawkins-\n Robert T. Stafford Elementary and Secondary School \n Improvement Amendments of 1988 (25 U.S.C. 2001 note; \n Public Law 100-297) is amended by striking ``Director \n of the Indian Health Service'' and inserting \n ``Assistant Secretary for Indian Health''.\n (D) Section 203(a)(1) of the Rehabilitation Act of \n 1973 (29 U.S.C. 763(a)(1)) is amended by striking \n ``Director of the Indian Health Service'' and inserting \n ``Assistant Secretary for Indian Health''.\n (E) Subsections (b) and (e) of section 518 of the \n Federal Water Pollution Control Act (33 U.S.C. 1377) \n are amended by striking ``Director of the Indian Health \n Service'' each place it appears and inserting \n ``Assistant Secretary for Indian Health''.\n (F) Section 317M(b) of the Public Health Service \n Act (42 U.S.C. 247b-14(b)) is amended--\n (i) by striking ``Director of the Indian \n Health Service'' each place it appears and \n inserting ``Assistant Secretary for Indian \n Health''; and\n (ii) in paragraph (2)(A), by striking ``the \n Directors referred to in such paragraph'' and \n inserting ``the Director of the Centers for \n Disease Control and Prevention and the \n Assistant Secretary for Indian Health''.\n (G) Section 417C(b) of the Public Health Service \n Act (42 U.S.C. 285-9(b)) is amended by striking \n ``Director of the Indian Health Service'' and inserting \n ``Assistant Secretary for Indian Health''.\n (H) Section 1452(i) of the Safe Drinking Water Act \n (42 U.S.C. 300j-12(i)) is amended by striking \n ``Director of the Indian Health Service'' each place it \n appears and inserting ``Assistant Secretary for Indian \n Health''.\n (I) Section 803B(d)(1) of the Native American \n Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is \n amended in the last sentence by striking ``Director of \n the Indian Health Service'' and inserting ``Assistant \n Secretary for Indian Health''.\n (J) Section 203(b) of the Michigan Indian Land \n Claims Settlement Act (Public Law 105-143; 111 Stat. \n 2666) is amended by striking ``Director of the Indian \n Health Service'' and inserting ``Assistant Secretary \n for Indian Health''.\n (g) References.--Any reference to the Director of the Indian Health \nService in any other Federal law, Executive order, rule, regulation, or \ndelegation of authority, or in any document of or relating to the \nDirector of the Indian Health Service, shall be deemed to refer to the \nAssistant Secretary.\n\n Passed the Senate July 16, 2003.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service.","title":"A bill to elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.","text_len":12426,"sum_len":554} {"bill_id":"112_hr4087","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prescription Drug Labeling Promotion \nAct of 2012''.\n\nSEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY \n VISUALLY-IMPAIRED AND BLIND CONSUMERS.\n\n (a) Establishment of Working Group.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary'') shall \n establish a working group (in this section referred to as the \n ``working group'') to develop and promulgate guidance \n constituting best practices on access to prescription drug \n labeling for the visually impaired.\n (2) Members.--The working group shall include \n representatives of national organizations representing blind \n and visually impaired individuals, national organizations \n representing the elderly, and industry groups representing \n stakeholders, including pharmacists, who would be impacted by \n such best practices. Representation within the working group \n shall be divided equally between consumer and industry \n advocates.\n (3) Guidance on best practices.--The working group shall \n promulgate, not later than 1 year after the date of the \n enactment of this Act, guidance on best practices for \n pharmacies to ensure that blind and visually impaired \n individuals have safe, consistent, reliable, and independent \n access to the information in the labeling of prescription \n drugs. Such guidance shall be made available through \n publication in the Federal Register and posting on the Web site \n of the Food and Drug Administration.\n (4) Considerations.--In developing and promulgating such \n guidance on best practices, the working group shall consider--\n (A) the use of--\n (i) Braille;\n (ii) auditory means, such as--\n (I) ``talking bottles'' that \n provide audible label information;\n (II) digital voice recorders \n attached to the prescription drug \n container; and\n (III) radio frequency \n identification (RFID) tags; and\n (iii) enhanced visual means, such as--\n (I) large font labels or large font \n ``duplicate'' labels that are affixed \n or matched to a prescription drug \n container;\n (II) high-contrast printing; and\n (III) sans-serf font;\n (B) whether there are technical, financial, \n manpower, or other factors unique to pharmacies with 20 \n or fewer retail locations which may fundamentally \n impact the ability of such pharmacies to implement the \n best practices; and\n (C) such other factors as the working group \n determines to be appropriate.\n (5) Information campaign.--Upon the promulgation of the \n guidance on best practices, the Commissioner of Food and Drugs, \n in consultation with the working group, shall conduct an \n informational and educational program designed to inform the \n public and pharmacists about such guidance and practices.\n (6) FACA waiver.--The Federal Advisory Committee Act shall \n not apply to the working group.\n (b) GAO Study.--\n (1) In general.--Beginning 18 months after the publication \n of the guidance on best practices under subsection (a), the \n Comptroller General of the United States shall conduct a review \n of such guidance, the extent to which pharmacies are complying \n with such best practices, and the extent to which barriers to \n accessible prescription drug labeling for blind and visually-\n impaired individuals continue.\n (2) Report.--Not later than September 30, 2016, the \n Comptroller General shall submit to Congress a report on the \n review conducted under paragraph (1). Such report shall include \n recommendations for how best to reduce the barriers blind and \n visually-impaired individuals have to access prescription drug \n labeling.\n (c) Definitions.--In this section:\n (1) The term ``pharmacy'' includes a pharmacy that receives \n prescriptions, and dispenses prescription drugs, through an \n Internet Web site.\n (2) The term ``prescription drug'' means a drug subject to \n section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act \n (21 U.S.C. 353(b)(1)).","summary":"Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired. Requires the working group to: (1) include equal representation of consumer and industry advocates. (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs. (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access. And (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices. Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices. Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue. And (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers.","title":"To provide for the development and dissemination of best practices to ensure that visually-impaired and blind individuals in the United States have safe, consistent, reliable, and independent access to the information in prescription drug labeling.","text_len":5011,"sum_len":1331} {"bill_id":"111_hr2984","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Mariner and Vessel \nProtection Act of 2009''.\n\nSEC. 2. PURPOSE.\n\n The purpose of the Act is to assist in the defense of United \nStates-flag vessels against piracy and to ensure the traditional right \nof self-defense of those vessels against piracy.\n\nSEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED \n STATES-FLAG VESSELS IN INTERNATIONAL WATERS.\n\n Section 70106 of title 46, United States Code, is amended by adding \nat the end the following:\n ``(d) International Deployment.--\n ``(1) In general.--In addition to authorities provided \n under this section, the Commandant of the Coast Guard may \n deploy a maritime safety and security team on a temporary \n basis, not to exceed six months, to deter, protect against, and \n rapidly respond to acts of piracy against vessels (as defined \n in section 70122) in international waters.\n ``(2) Notification of congress.--The Commandant shall \n notify the Committee on Transportation and Infrastructure of \n the House of Representatives and the Committee on Commerce, \n Science, and Transportation of the Senate not later than 10 \n days after the deployment of a maritime safety and security \n team authorized under this subsection.''.\n\nSEC. 4. AUTHORITY TO USE FORCE.\n\n (a) In General.--Chapter 701 of title 46, United States Code, is \namended by adding at the end the following new section:\n``Sec. 70122. Authority to use force\n ``(a) In General.--The Secretary shall issue regulations \nestablishing standards and circumstances under which an individual is \nauthorized to use force (including lethal force) against an individual \nin the defense of a vessel against piracy.\n ``(b) Limitation on Liability.--\n ``(1) Liability of owners, operators and masters.--An \n owner, operator, time charterer, or master of vessel shall not \n be liable for damages in any action brought in a Federal or \n State court arising out of the use of force authorized under \n regulations under subsection (a), including the use of or \n failure to use a firearm so authorized.\n ``(2) Liability of an individual.--An individual shall not \n be liable for damages in any action brought in a Federal or \n State court arising out of use of force authorized under \n regulations under subsection (a) by that individual unless the \n individual is grossly negligent or engages in willful \n misconduct.\n ``(3) Liability of federal government.--For purposes of an \n action against the United States with respect to an act or \n omission arising out of a use of force authorized under \n regulations under subsection (a), an individual shall be \n treated as an employee of the Federal Government under chapter \n 171 of title 28, relating to tort claims procedure.\n ``(4) Limitation on application.--The limitations on \n liability described in paragraphs (1), (2), and (3) apply only \n if the individual who uses force authorized under regulations \n under subsection (a)--\n ``(A) holds a license issued under section 7101 or \n a merchant mariner document issued under section 7301; \n and\n ``(B) in a case in which the use of force included \n the use of a firearm, has completed training certified \n by the Coast Guard for use of firearms aboard vessels.\n ``(c) Vessel Defined.--For purposes of this section, the term \n`vessel' means a vessel for which the Secretary has issued a \ncertificate of inspection under section 3309 and that is operating in \nwaters designated by the Secretary as high-risk waters.''.\n (b) Clerical Amendment.--The analysis at the beginning of such \nchapter is amended by adding at the end the following new item:\n\n``70122. Authority to use force.''.\n (c) Deadlines.--The Secretary of the department in which the Coast \nGuard is operating shall--\n (1) no later than 3 months after the date of enactment of \n this Act, issue regulations under section 70122(a) of title 46, \n United States Code, as amended by this section; and\n (2) in consultation with the Secretary of Defense and no \n later than 6 months after the date of enactment of this Act, \n issue regulations to certify, for purposes of section \n 70122(b)(4)(B) of such title, courses to train on a recurrent \n basis individuals who hold a license issued under section 7101 \n or a merchant mariner document issued under section 7301 in the \n use of firearms aboard vessels.\n\nSEC. 5. AGREEMENTS.\n\n To carry out the purpose of this Act, the Secretary of the \ndepartment in which the Coast Guard is operating shall work through the \nInternational Maritime Organization to establish agreements to promote \ncoordinated action among flag and port states to deter, protect \nagainst, and rapidly respond to acts of piracy against the vessels of, \nand in the waters under the jurisdiction of, those nations, and to \nensure limitations on liability similar to those established by section \n70122 of title 46, United States Code, as amended by this Act.","summary":"United States Mariner and Vessel Protection Act of 2009 - Authorizes the Coast Guard's Commandant to deploy a maritime safety and security team for up to six months to deter, protect against, and rapidly respond to acts of piracy against vessels in international waters. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations establishing standards and circumstances under which an individual is authorized to use force against an individual in the defense of a vessel against piracy. Limits the liability of the individuals, the federal government, and owners, operators, and masters of vessels in actions arising out of a use of force authorized under the regulations. Directs the Secretary to work through the International Maritime Organization (IMO) to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those under this Act.","title":"To amend title 46, United States Code, to assist in the defense of United States mariners and vessels against piracy, to ensure the traditional right of self-defense of those vessels against piracy, and for other purposes.","text_len":5403,"sum_len":1100} {"bill_id":"108_hr4394","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accountability and Responsibility in \nContracting Act''.\n\nSEC. 2. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT \n AWARDS.\n\n (a) In General.--No acquiring corporation or any subsidiary of such \na corporation that enters into a corporate expatriation transaction \nshall be eligible to be awarded a Federal contract.\n (b) Period of Ineligibility.--The period of ineligibility under \nsubsection (a) shall be 3 years, beginning on the date of completion of \nthe corporate expatriation transaction.\n (c) Exception for Repatriated Corporations.--If an acquiring \ncorporation reorganizes as a domestic corporation within one year after \nthe date of the enactment of this Act under the applicable \nincorporation laws of a State, subsection (a) shall not apply.\n (d) Definitions.--In this Act:\n (1) Corporate expatriation transaction.--(A) The term \n ``corporate expatriation transaction''--\n (i) means any transaction if--\n (I) a foreign corporation (referred to in \n this section as the ``acquiring corporation'') \n acquires, as a result of such transaction, \n directly or indirectly substantially all of the \n properties held directly or indirectly by a \n domestic corporation; and\n (II) immediately after the transaction, \n more than 80 percent of the stock (by vote or \n value) of the acquiring corporation is held by \n former shareholders of the domestic corporation \n by reason of holding stock in the domestic \n corporation; and\n (ii) includes any transaction if--\n (I) a foreign corporation acquires, as a \n result of such transaction, directly or \n indirectly properties constituting a trade or \n business of a domestic partnership;\n (II) immediately after the transaction, \n more than 80 percent of the stock (by vote or \n value) of the acquiring corporation is held by \n former partners of the domestic partnership or \n related foreign partnership (determined without \n regard to stock of the acquiring corporation \n which is sold in a public offering related to \n the transaction); and\n (III) the acquiring corporation meets the \n requirements of clauses (i) and (ii) of \n subparagraph (B).\n (B) Subclause (II) of subparagraph (A)(i) shall be applied \n by substituting ``50 percent'' for ``80 percent'' with respect \n to any foreign corporation if--\n (i) such corporation does not have substantial \n business activities (when compared to the total \n business activities of the expanded affiliated group) \n in the foreign country in which or under the law of \n which the corporation is created or organized; and\n (ii) the stock of the corporation is publicly \n traded and the principal market for the public trading \n of such stock is in the United States.\n (C) For purposes of this paragraph--\n (i) a series of related transactions shall be \n treated as 1 transaction; and\n (ii) stock held by members of the expanded \n affiliated group which includes the acquiring \n corporation shall not be taken into account in \n determining ownership.\n (2) Domestic.--The term ``domestic'' means created or \n organized in the United States or under the law of the United \n States or of any State.\n (3) Expanded affiliated group.--The term ``expanded \n affiliated group'' means an affiliated group as defined in \n section 1504(a) of the Internal Revenue Code of 1986, without \n regard to section 1504(b) of such Code.\n (e) Applicability.--This section shall apply with respect to a \ncorporate expatriation transaction occurring before, on, or after the \ndate of the enactment of this Act.\n (f) Waiver.--\n (1) In general.--Subject to paragraph (2), the President \n may waive this section with respect to any specific contract if \n the President certifies to Congress that the waiver is required \n in the interest of national security.\n (2) Report.--The President may not carry out a waiver under \n paragraph (1) until a period of 30 days has expired after the \n President submits to Congress a report containing the \n certification described in paragraph (1) and setting forth the \n rationale for the waiver.\n\nSEC. 3. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING \n BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES \n DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR \n FOREIGN TERRORIST ORGANIZATIONS.\n\n (a) In General.--No entity doing business with a state sponsor of \nterrorism or foreign terrorist organization, and no entity with a \nforeign subsidiary doing business with a state sponsor of terrorism or \nforeign terrorist organization, shall be eligible to be awarded a \nFederal contract.\n (b) Period of Ineligibility.--The period of ineligibility under \nsubsection (a), as determined by the head of the executive agency \nentering into the contract concerned, in cooperation with the Secretary \nof State, shall be--\n (1) 3 years for a first offense;\n (2) 10 years for a second offense; and\n (3) 15 years for any offense after a second offense,\nbeginning on the date of certification under subsection (c) or (d).\n (c) Certification for Current Contracts.--Each executive agency \nshall require, for each contract with the agency that is in effect on \nthe date of the enactment of this Act, that the contractor certify in \nwriting that the contractor, the contractor's domestic parent company, \nand all other domestic subsidiaries of the domestic parent company did \nnot do business, and did not own a foreign subsidiary that did \nbusiness, during the 10-year period ending on the date of the enactment \nof this Act, with a state sponsor of terrorism or a foreign terrorist \norganization. A certification that the contractor, the parent, or other \nsubsidiaries did do such business, or did own one or more foreign \nsubsidiaries that did such business, shall be considered a first \noffense under subsection (b).\n (d) Certification for Future Contracts.--Each executive agency \nshall require, as a condition of entering into a contract after the \ndate of the enactment of this Act, that a potential contractor certify \nin writing that the potential contractor, the potential contractor's \ndomestic parent company, and all other domestic subsidiaries of the \ndomestic parent company is not doing business, and does not own a \nforeign subsidiary that is doing business, or has done business within \nthe last ten years, with a state sponsor of terrorism or a foreign \nterrorist organization. Each certification that the potential \ncontractor, the parent, or other subsidiaries is doing such business, \nor owned one or more foreign subsidiaries doing such business currently \nor in the last ten years, shall be considered a separate offense under \nsubsection (b).\n (e) Complaints.--\n (1) In general.--Citizens may file complaints with \n executive agencies regarding Federal contractors.\n (2) Report.--The head of each executive agency shall submit \n to Congress an annual report on the complaints received by \n citizens under this subsection, including the nature of the \n complaint and the manner in which the agency handled the \n complaint.\n (f) Definitions.--In this section:\n (1) Executive agency.--The term ``executive agency'' has \n the meaning provided in section 102 of title 31, United States \n Code.\n (2) Foreign subsidiary.--The term ``foreign subsidiary'' \n means any foreign entity owned or controlled (directly or \n indirectly) by a potential contractor.\n (3) State sponsor of terrorism.--The term ``state sponsor \n of terrorism'' means any government which the Secretary of \n State has determined, for purposes of section 6(j) of the \n Export Administration Act of 1979, section 620A of the Foreign \n Assistance Act of 1961, section 40 of the Arms Export Control \n Act, or other provision of law, is a government that has \n provided support for acts of international terrorism.\n (4) Foreign terrorist organization.--The term ``foreign \n terrorist organization'' means a foreign terrorist organization \n designated under section 219 of the Immigration and Nationality \n Act (8 U.S.C. 1189).","summary":"Accountability and Responsibility in Contracting Act - Prohibits any acquiring corporation or any subsidiary of any such a corporation that enters into a corporate expatriation transaction from being eligible to be awarded a Federal contract for a three-year period, unless the acquiring corporation reorganizes as a domestic corporation under the applicable incorporation laws of a State. Prohibits any entity and any entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization from being eligible to be awarded a Federal contract for a period of: (1) three years for a first offense, (2) ten years for a second offense. And (3) 15 years for any offense after a second offense. Directs each executive agency to require certification from a current contractor that the contractor, the contractor's domestic parent company and all other domestic subsidiaries of the parent did not do business, and did not own a foreign subsidiary that did business, during the ten-year period ending on this Act's enactment with such a state sponsor or organization. Directs each executive agency to require certification from a potential contractor, that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the parent is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with such a state sponsor or organization. Permits citizens to file complaints with executive agencies regarding Federal contractors and requires annual reporting on the complaints to Congress.","title":"To make ineligible for Federal contract awards any expatriated corporations and any companies that do business with, or own foreign subsidiaries that do business with, state sponsors of terrorism or foreign terrorist organizations.","text_len":9389,"sum_len":1649} {"bill_id":"114_hr1935","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restoring the 10th Amendment Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds:\n (1) The 10th Amendment to the Constitution of the United \n States (referred to in this Act as the ``10th Amendment''), \n ratified on December 15, 1791, provides, ``The powers not \n delegated to the United States by the Constitution, nor \n prohibited by it to the States, are reserved to the States \n respectively, or to the people.''.\n (2) The 10th Amendment expressly limits the powers of the \n Federal Government to those delegated by the Constitution and \n reaffirms and protects the freedom of the States to exercise \n those that are not.\n (3) The 10th Amendment reflects the opposition of the \n Founding Fathers to a Federal Government with expansive powers, \n their intention for the powers of the States to act as a check \n on those of the Federal Government, and their concern that the \n Federal Government would attempt to usurp powers intended to \n remain with the States.\n (4) James Madison, in The Federalist No. 45, wrote, ``The \n powers delegated by the proposed Constitution to the federal \n government are few and defined. Those which are to remain in \n the State governments are numerous and indefinite.''.\n (5) The Supreme Court, in United States v. Sprague, 282 \n U.S. 716 (1931), noted, ``The Tenth Amendment was intended to \n confirm the understanding of the people at the time the \n Constitution was adopted, that powers not granted to the United \n States were reserved to the States or to the people.''.\n (6) The Supreme Court, in Fry v. United States, 421 U.S. \n 542 (1975), also noted, ``The Amendment expressly declares the \n constitutional policy that Congress may not exercise power in a \n fashion that impairs the States' integrity or their ability to \n function effectively in a federal system.''.\n (7) The Executive departments and agencies of the Federal \n Government often promulgate regulations contrary to the spirit \n and letter of the 10th Amendment.\n (8) The 10th Amendment assures that the people of the \n United States, and each sovereign State in the Union of States, \n have, and have always had, rights that the Federal Government \n may not usurp.\n (9) Congress has the responsibility to safeguard the 10th \n Amendment and to recognize that it is as vital and valuable \n today as on the date of its ratification.\n\nSEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE \n FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT.\n\n (a) Definitions.--In this section--\n (1) the term ``agency'' has the meaning given that term in \n section 551 of title 5, United States Code;\n (2) the term ``designated State official'' means, with \n respect to a State--\n (A) the chief executive of the State;\n (B) the lieutenant governor or equivalent officer \n of the State;\n (C) the chief legal officer of the State; or\n (D) a legislative leader of the State;\n (3) the term ``legislative leader'' means a speaker, \n majority leader, or minority leader, of a State legislature or \n any House thereof; and\n (4) the term ``rule'' has the meaning given that term in \n section 551 of title 5, United States Code.\n (b) Submission of Legal Brief.--During any period during which a \nproposed rule is open for public comment under chapter 5 of title 5, \nUnited States Code, any designated State official may submit to the \nhead of the agency proposing the rule a legal brief challenging the \nconstitutionality of the proposed rule under the 10th Amendment.\n (c) Duty of Federal Official To Post Link to the Brief.--The head \nof the agency proposing a rule described in subsection (b) shall \nprominently post on the front page of the Web site of the agency, in \nsuch a manner that it is immediately noticeable to individuals who \nvisit that Web site, a link to each brief submitted under subsection \n(b).\n (d) Response by Federal Agency.--Unless an agency determines not to \nfinalize a proposed rule described in subsection (b), not later than 15 \ndays after posting the link under subsection (c), the head of the \nagency shall--\n (1) certify in writing that, in the opinion of the head of \n the agency, the rule does not violate the 10th Amendment;\n (2) include in the certification the full legal reasoning \n supporting that opinion; and\n (3) prominently post the certification on the front page of \n the Web site of the agency next to the links to the legal \n briefs pertaining to the rule posted under subsection (c).\n (e) Notice to Officials of Other States.--Not later than 15 days \nafter the date on which a designated State official submits a brief \nunder subsection (b), the head of the agency proposing the rule shall \ngive notice to each designated State official of each State that the \nbrief was submitted.\n (f) Actions by State Officials.--\n (1) Commencement of action.--At any time after the head of \n an agency posts a certification under subsection (d) that a \n rule does not violate the 10th Amendment, a designated State \n official may commence a civil action against the agency on the \n grounds that the rule of the agency violates the 10th \n Amendment.\n (2) Venue and jurisdiction.--If a designated State official \n decides to commence an action under paragraph (1), in addition \n to any other venue or jurisdiction that may be provided by law, \n the official may bring the action in the district court of the \n United States for the district in which the place of business \n of the official is located, which shall be a proper venue for \n the action and the court shall have jurisdiction of the action.\n (3) Expedited appeal.--Upon the filing of a notice of \n appeal by a designated State official who is a party to an \n action described in paragraph (1) brought in a district court \n of the United States, the appropriate court of appeals of the \n United States shall grant expedited review of a decision by the \n district court in the action.","summary":"Restoring the 10th Amendment Act Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted. (2) to post prominently on the front page of the agency's website a link to the brief. And (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the US district court for the district in which the official's place of business is located. Directs the appropriate US court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action.","title":"Restoring the 10th Amendment Act","text_len":6656,"sum_len":1421} {"bill_id":"105_hr1281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Health Insurance Portability \nProtection Act of 1997''.\n\nSEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS \n UNDER COLLEGE-SPONSORED HEALTH PLANS.\n\n (a) In General.--Title XXVII of the Public Health Service Act, as \nadded by section 102(a) of the Health Insurance Portability and \nAccountability Act of 1996 (Public Law 104-191), is amended by \ninserting after section 2723 the following new section:\n\n``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER \n COLLEGE-SPONSORED HEALTH PLANS.\n\n ``(a) In General.--Subject to the succeeding provisions of this \nsection, the provisions of subpart 1 shall apply to health insurance \ncoverage offered in connection with a college-sponsored health plan (as \ndefined in subsection (b)) in the same manner as they apply to health \ninsurance coverage offered in connection with a group health plan.\n ``(b) College-Sponsored Health Plan Defined.--For purposes of this \nsection, the term `college-sponsored health plan' means health benefits \noffered by or through an institution of higher education (as defined in \nsection 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) \nin relation to students at the institution, but does not include \nbenefits offered to such a student as a participant or beneficiary in a \ngroup health plan.\n ``(c) Application of Exceptions, Enforcement, Preemption; \nDefinitions.--In applying subsection (a)--\n ``(1) subject to paragraph (2), the previous provisions of \n this subpart shall apply in relation to such subsection in the \n same manner as they apply in relation to subpart 1; and\n ``(2) in applying the other provisions of this title under \n this section--\n ``(A) any reference in such provisions to a group \n health plan is deemed a reference to a college-\n sponsored health plan;\n ``(B) any reference in such provisions to a \n participant or beneficiary in a group health plan is \n deemed a reference to an enrollee in a college-\n sponsored health plan; and\n ``(C) any reference in such provisions to an \n employee in relation to the group health plan is deemed \n a reference to a student in relation to the college-\n sponsored health plan.''.\n (b) Clarification of Coverage Under College-Sponsored Health Plan \nas Creditable Coverage.--\n (1) Amendment to public health service act.--Section \n 2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. \n 300gg(c)(1)(B)) is amended by inserting ``(including such \n coverage under a college-sponsored health plan, as defined in \n section 2724(b))'' after ``coverage''.\n (2) Amendment to employee retirement income security act of \n 1974.--Section 701(c)(1)(B) of the Employee Retirement Income \n Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by \n inserting ``(including such coverage under a college-sponsored \n health plan, as defined in section 2724(b) of the Public Health \n Service Act)'' after ``coverage''.\n (3) Amendment to the internal revenue code of 1986.--\n Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is \n amended by inserting ``(including such coverage under a \n college-sponsored health plan, as defined in section 2724(b) of \n the Public Health Service Act)'' after ``coverage''.\n (c) Effective Date; Transition.--\n (1) Effective date.--The amendment made by subsection (a) \n shall apply to coverage under college-sponsored health plans \n for students matriculating or enrolling for periods beginning \n on or after August 1, 1997, and the amendments made by \n subsection (b) shall be effective as if included in the \n enactment of the corresponding provisions in the Health \n Insurance Portability and Accountability Act of 1996 (Public \n Law 104-191).\n (2) Crediting permitted for certain previous coverage.--\n Creditable coverage occurring on or after July 1, 1996, shall \n be taken into account in applying section 2724(a) of the Public \n Health Service Act.\n (3) Certifications, etc.--Insofar as the certification \n requirements of section 2743 of the Public Health Service Act \n are not otherwise applicable to health insurance coverage under \n a college-sponsored health plan (as defined in subsection (b) \n of section 2724 of such Act), subsection (e) of section 2701 of \n the Public Health Service Act shall apply (as incorporated \n under subsection (a) of such section 2724) to the issuer of \n such coverage with respect to events occurring after April 7, \n 1997; but in no case is a certification required to be provided \n under such section 2724 pursuant to such subsection (e) before \n 60 days after the date of the enactment of this Act.","summary":"Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of creditable coverage.","title":"Student Health Insurance Portability Protection Act of 1997","text_len":5197,"sum_len":498} {"bill_id":"107_s2557","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Improvements for Special \nNeeds Beneficiaries Act of 2002''.\n\nSEC. 2. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS \n BENEFICIARIES.\n\n (a) Establishment of Specialized Medicare+Choice Plans for Special \nNeeds Beneficiaries.--\n (1) Treatment as coordinated care plan.--Section \n 1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-\n 21(a)(2)(A)) is amended by adding at the end the following new \n sentence: ``Specialized Medicare+Choice plans for special needs \n beneficiaries (as defined in section 1859(b)(4)) may be any \n type of coordinated care plan.''.\n (2) Specialized medicare+choice plan for special needs \n beneficiaries defined.--Section 1859(b) of the Social Security \n Act (42 U.S.C. 1395w-28(b)) is amended by adding at the end the \n following new paragraph:\n ``(4) Specialized medicare+choice plans for special needs \n beneficiaries.--\n ``(A) In general.--The term `specialized \n Medicare+Choice plan for special needs beneficiaries' \n means a Medicare+Choice plan that exclusively serves \n special needs beneficiaries (as defined in subparagraph \n (B)).\n ``(B) Special needs beneficiary.--The term `special \n needs beneficiary' means a Medicare+Choice eligible \n individual who--\n ``(i) is institutionalized (as defined by \n the Secretary);\n ``(ii) is entitled to medical assistance \n under a State plan under title XIX; or\n ``(iii) meets such other requirements as \n the Secretary may establish for purposes of \n identifying beneficiaries with a severe and \n disabling chronic condition who would benefit \n from enrollment in a Medicare+Choice plan \n described in subparagraph (A).''.\n (3) Restriction on enrollment permitted.--Section 1859 of \n the Social Security Act (42 U.S.C. 1395w-28) is amended by \n adding at the end the following new subsection:\n ``(f) Restriction on Enrollment for Specialized Medicare+Choice \nPlans for Special Needs Beneficiaries.--In the case of a specialized \nMedicare+Choice plan for special needs beneficiaries (as defined in \nsubsection (b)(4)), notwithstanding any other provision of this part \nand in accordance with regulations of the Secretary and for periods \nbefore January 1, 2008, the plan may restrict the enrollment of \nindividuals under the plan to individuals who are within 1 or more \nclasses of special needs beneficiaries.''.\n (4) Additional requirements for specialized medicare+choice \n plans for special needs beneficiaries.--Section 1857(e) of the \n Social Security Act (42 U.S.C. 1395w-27(e)) is amended by \n adding at the end the following new paragraph:\n ``(3) Additional requirements for specialized \n medicare+choice plans for special needs beneficiaries.--In the \n case of a specialized Medicare+Choice plan for special needs \n beneficiaries (as defined in section 1859(b)(4)), the contract \n shall include additional terms and conditions as follows:\n ``(A) Clinical delivery system.--\n ``(i) In general.--Under the contract, the \n organization offering the specialized \n Medicare+Choice plan for special needs \n beneficiaries shall establish a clinical \n delivery system that meets the needs of special \n needs beneficiaries (as defined in section \n 1859(b)(4)(B)) enrolled in the plan.\n ``(ii) Elements.--The clinical delivery \n system established under clause (i) shall \n include the following:\n ``(I) A comprehensive patient \n assessment and plan of care.\n ``(II) Methods to prevent, delay, \n or minimize the progression of severe \n and disabling chronic conditions.\n ``(III) Care management protocols, \n including high-risk screening to \n identify factors that may increase the \n cost of care provided to special needs \n beneficiaries.\n ``(IV) Appropriate specially \n trained health care staff, such as \n nurse practitioners, geriatric care \n managers, and mental health \n professionals.\n ``(V) Methods for promoting the \n integration of care, financing, and \n administrative functions across health \n care settings.\n ``(B) Data collection; development of outcome \n measures.--\n ``(i) Data collection.--Under the contract, \n the organization offering the specialized \n Medicare+Choice plan for special needs \n beneficiaries shall--\n ``(I) collect such data as the \n Secretary may specify for the purpose \n of monitoring the quality of health \n care items and services provided to \n special needs beneficiaries enrolled in \n the plan, outcomes, and costs, \n including functional and diagnostic \n data and information collected through \n outcome measures developed under clause \n (ii);\n ``(II) maintain, and afford the \n Secretary access to, the records \n relating to the plan, including \n pertinent financial, medical, and \n personnel records; and\n ``(III) make available to the \n Secretary reports that the Secretary \n finds necessary to monitor the \n operation, cost, and effectiveness of \n the plan.\n ``(ii) Development of outcome measures.--\n Under the contract, the organization offering \n the specialized Medicare+Choice plan for \n special needs beneficiaries and the Secretary \n shall jointly cooperate in the development and \n implementation of health status and quality of \n life outcome measures with respect to special \n needs beneficiaries (as defined in section \n 1859(b)(4)(B)) enrolled in the plan.\n ``(C) Quality assurance; patient safeguards.--The \n contract shall require the organization offering the \n specialized Medicare+Choice plan for special needs \n beneficiaries to have in effect, at a minimum, a \n written plan of quality assurance and improvement, and \n procedures implementing such plan, in accordance with \n regulations.\n ``(D) Oversight.--The contract shall provide that \n the Secretary shall conduct, in addition to any other \n review conducted under this part, such review of the \n operation of specialized Medicare+Choice plans for \n special needs beneficiaries and organizations offering \n such plans as may be appropriate in order to ensure the \n compliance of the plans and organizations with the \n requirements of this part and regulations to carry out \n such requirements.''.\n (b) Effective Dates.--\n (1) In general.--The amendments made by subsection (a) \n shall take effect upon the date of enactment of this Act.\n (2) Deadline for issuance of requirements for special needs \n beneficiaries; transition.--Not later than October 1, 2003, the \n Secretary of Health and Human Services shall issue final \n regulations to establish requirements for special needs \n beneficiaries under section 1859(b)(4)(B)(iii) of the Social \n Security Act (as added by subsection (a)(2)).\n\nSEC. 3. GAO REPORT TO CONGRESS ON SPECIALIZED MEDICARE+CHOICE PLANS FOR \n SPECIAL NEEDS BENEFICIARIES.\n\n (a) In General.--Not later than December 31, 2006, the Comptroller \nGeneral of the United States shall submit to Congress a report that \nassesses the impact of specialized Medicare+Choice plans for special \nneeds beneficiaries (as defined in section 1859(b)(4) of the Social \nSecurity Act (as added by section 2(a)(2))) on the cost and quality of \nservices provided to enrollees.\n (b) Contents.--The report submitted under subsection (a) shall \ncontain the following elements:\n (1) A general assessment of the operations of the \n specialized Medicare+Choice plans for special needs \n beneficiaries.\n (2) Information on the demographics and health status of \n beneficiaries enrolled in such plans.\n (3) Information on such plans' clinical models of care.\n (4) Information on the performance of such plans related to \n such quality indicators as the Secretary determines to be \n appropriate.\n (5) An assessment of the marketing materials and practices \n of the plans.\n (6) An assessment of the plans' ability to integrate care, \n financing, and administrative functions across health care \n settings.\n (7) A general assessment of the costs and any savings to \n the medicare program under title XVIII of the Social Security \n Act as a result of amendments made by section 2.","summary":"Medicare Improvements for Special Needs Beneficiaries Act of 2002 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act to provide for specialized MedicareChoice plans for special needs beneficiaries and the treatment of such plans as coordinated care plans under Medicare part C. Permits restriction on the enrollment of individuals in a specialized MedicareChoice plan to special needs beneficiaries. Establishes additional requirements for specialized Medicarechoice plans for special needs beneficiaries.","title":"A bill to amend title XVIII of the Social Security Act to improve access to Medicare+Choice plans for special needs medicare beneficiaries, and for other purposes.","text_len":10850,"sum_len":540} {"bill_id":"111_hr6413","text":"SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS \n OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, \n RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY \n COMPENSATION OR PENSION BENEFITS.\n\n (a) Authority To Make Payments.--\n (1) Eligibility.--\n (A) In general.--Subject to paragraph (5)(B), the \n Secretary of the Treasury shall disburse a one-time \n payment of the applicable amount to each individual \n who, for any month during the 3-month period ending \n with the month which ends prior to the month that \n includes the date of the enactment of this Act, is \n entitled to a benefit payment described in clause (i), \n (ii), or (iii) of subparagraph (D) or is eligible for a \n SSI cash benefit described in subparagraph (E). \n Payments shall be made under this section only if no \n increase takes effect with the month of December 2010 \n under section 215(i) of the Social Security Act. In the \n case of an individual who is eligible for a payment \n under this subparagraph by reason of entitlement to a \n benefit described in subparagraph (D)(i), no such \n payment shall be made to such individual unless such \n individual was paid a benefit described in such \n subparagraph (D)(i) for any month in the 12-month \n period ending with the month which ends prior to the \n month that includes the date of the enactment of this \n Act.\n (B) Applicable amount.--\n (i) In general.--For purposes of \n subparagraph (A), the applicable amount shall \n be the percentage of such individual's monthly \n benefit payment described in clause (i), (ii), \n or (iii) of subparagraph (C) or SSI cash \n benefit described in subparagraph (D) for the \n month of December 2010 determined by \n multiplying such benefit payment by 0.6.\n (ii) Individual receiving more than 1 \n benefit.--In the case that an individual is \n entitled to, or eligible for, more than 1 \n benefit payment described in clause (i), (ii), \n or (iii) of subparagraph (C) or SSI cash \n benefit described in subparagraph (D), such \n individual's payment shall be determined using \n such benefit payment that provides the greater \n monthly benefit payment.\n (C) Funding for appropriations to the general fund \n of the treasury.--In order to reimburse the general \n fund of the Treasury for payments made pursuant to \n subparagraph (A), the Director of the Office of \n Management and Budget shall redirect to the general \n fund of the Treasury any repayment of assistance \n provided under title I of the Emergency Economic \n Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) made \n by a financial institution (as defined in section 3(5) \n of such Act (12 U.S.C. 5202(5)) after the date of the \n enactment of this Act.\n (D) Benefit payment described.--For purposes of \n subparagraph (A):\n (i) Title ii benefit.--A benefit payment \n described in this clause is a monthly insurance \n benefit payable (without regard to sections \n 202(j)(1) and 223(b) of the Social Security Act \n (42 U.S.C. 402(j)(1), 423(b)) under--\n (I) section 202(a) of such Act (42 \n U.S.C. 402(a));\n (II) section 202(b) of such Act (42 \n U.S.C. 402(b));\n (III) section 202(c) of such Act \n (42 U.S.C. 402(c));\n (IV) section 202(d)(1)(B)(ii) of \n such Act (42 U.S.C. 402(d)(1)(B)(ii));\n (V) section 202(e) of such Act (42 \n U.S.C. 402(e));\n (VI) section 202(f) of such Act (42 \n U.S.C. 402(f));\n (VII) section 202(g) of such Act \n (42 U.S.C. 402(g));\n (VIII) section 202(h) of such Act \n (42 U.S.C. 402(h));\n (IX) section 223(a) of such Act (42 \n U.S.C. 423(a));\n (X) section 227 of such Act (42 \n U.S.C. 427); or\n (XI) section 228 of such Act (42 \n U.S.C. 428).\n (ii) Railroad retirement benefit.--A \n benefit payment described in this clause is a \n monthly annuity or pension payment payable \n (without regard to section 5(a)(ii) of the \n Railroad Retirement Act of 1974 (45 U.S.C. \n 231d(a)(ii))) under--\n (I) section 2(a)(1) of such Act (45 \n U.S.C. 231a(a)(1));\n (II) section 2(c) of such Act (45 \n U.S.C. 231a(c));\n (III) section 2(d)(1)(i) of such \n Act (45 U.S.C. 231a(d)(1)(i));\n (IV) section 2(d)(1)(ii) of such \n Act (45 U.S.C. 231a(d)(1)(ii));\n (V) section 2(d)(1)(iii)(C) of such \n Act to an adult disabled child (45 \n U.S.C. 231a(d)(1)(iii)(C));\n (VI) section 2(d)(1)(iv) of such \n Act (45 U.S.C. 231a(d)(1)(iv));\n (VII) section 2(d)(1)(v) of such \n Act (45 U.S.C. 231a(d)(1)(v)); or\n (VIII) section 7(b)(2) of such Act \n (45 U.S.C. 231f(b)(2)) with respect to \n any of the benefit payments described \n in clause (i) of this subparagraph.\n (iii) Veterans benefit.--A benefit payment \n described in this clause is a compensation or \n pension payment payable under--\n (I) section 1110, 1117, 1121, 1131, \n 1141, or 1151 of title 38, United \n States Code;\n (II) section 1310, 1312, 1313, \n 1315, 1316, or 1318 of title 38, United \n States Code;\n (III) section 1513, 1521, 1533, \n 1536, 1537, 1541, 1542, or 1562 of \n title 38, United States Code; or\n (IV) section 1805, 1815, or 1821 of \n title 38, United States Code,\n to a veteran, surviving spouse, child, or \n parent as described in paragraph (2), (3), \n (4)(A)(ii), or (5) of section 101, title 38, \n United States Code, who received that benefit \n during any month within the 3-month period \n ending with the month which ends prior to the \n month that includes the date of the enactment \n of this Act.\n (E) SSI cash benefit described.--A SSI cash benefit \n described in this subparagraph is a cash benefit \n payable under section 1611 (other than under subsection \n (e)(1)(B) of such section) or 1619(a) of the Social \n Security Act (42 U.S.C. 1382, 1382h).\n (2) Requirement.--A payment shall be made under paragraph \n (1) only to individuals who reside in 1 of the 50 States, the \n District of Columbia, Puerto Rico, Guam, the United States \n Virgin Islands, American Samoa, or the Northern Mariana \n Islands, or who are utilizing a foreign or domestic Army Post \n Office, Fleet Post Office, or Diplomatic Post Office address. \n For purposes of the preceding sentence, the determination of \n the individual's residence shall be based on the address of \n record, as of the date of certification under subsection (b) \n for a payment under this section under a program specified in \n paragraph (1).\n (3) No double payments.--An individual shall be paid only 1 \n payment under this section, regardless of whether the \n individual is entitled to, or eligible for, more than 1 benefit \n or cash payment described in paragraph (1).\n (4) Limitation.--A payment under this section shall not be \n made (or, in the case of subparagraph (D), shall not be due)--\n (A) in the case of an individual entitled to a \n benefit specified in paragraph (1)(D)(i) or paragraph \n (1)(D)(ii)(VIII) if--\n (i) for the most recent month of such \n individual's entitlement in the 3-month period \n described in paragraph (1); or\n (ii) for any month thereafter which is \n before the month after the month of the \n payment;\n such individual's benefit under such paragraph was not \n payable by reason of subsection (x) or (y) of section \n 202 the Social Security Act (42 U.S.C. 402) or section \n 1129A of such Act (42 U.S.C. 1320a-8a);\n (B) in the case of an individual entitled to a \n benefit specified in paragraph (1)(D)(iii) if, for the \n most recent month of such individual's entitlement in \n the 3-month period described in paragraph (1), such \n individual's benefit under such paragraph was not \n payable, or was reduced, by reason of section 1505, \n 5313, or 5313B of title 38, United States Code;\n (C) in the case of an individual entitled to a \n benefit specified in paragraph (1)(E) if--\n (i) for such most recent month of such \n individual's eligibility in the 3-month period \n described in paragraph (1); or\n (ii) for any month thereafter which is \n before the month after the month of the \n payment;\n such individual's benefit under such paragraph was not \n payable by reason of subsection (e)(1)(A) or (e)(4) of \n section 1611 (42 U.S.C. 1382) or section 1129A of such \n Act (42 U.S.C. 1320a-8a); or\n (D) in the case of any individual whose date of \n death occurs--\n (i) before the date of the receipt of the \n payment; or\n (ii) in the case of a direct deposit, \n before the date on which such payment is \n deposited into such individual's account.\n In the case of any individual whose date of death \n occurs before a payment is negotiated (in the case of a \n check) or deposited (in the case of a direct deposit), \n such payment shall not be due and shall not be reissued \n to the estate of such individual or to any other \n person. Subparagraphs (A)(ii) and (C)(ii) shall apply \n only in the case of certifications under subsection (b) \n which are, or but for this paragraph would be, made \n after the date of the enactment of this Act, shall \n apply to such certifications without regard to the \n calendar year of the payments to which such \n certifications apply.\n (5) Timing and manner of payments.--\n (A) In general.--The Secretary of the Treasury \n shall commence disbursing payments under this section \n at the earliest practicable date in 2011 prior to April \n 1, 2011. The Secretary of the Treasury may disburse any \n payment electronically to an individual in such manner \n as if such payment was a benefit payment or cash \n benefit to such individual under the applicable program \n described in subparagraph (D) or (E) of paragraph (1).\n (B) Deadline.--No payments shall be disbursed under \n this section after December 31, 2011, regardless of any \n determinations of entitlement to, or eligibility for, \n such payments made after such date.\n (b) Identification of Recipients.--The Commissioner of Social \nSecurity, the Railroad Retirement Board, and the Secretary of Veterans \nAffairs shall certify the individuals entitled to receive payments \nunder this section and provide the Secretary of the Treasury with the \ninformation needed to disburse such payments. A certification of an \nindividual shall be unaffected by any subsequent determination or \nredetermination of the individual's entitlement to, or eligibility for, \na benefit specified in subparagraph (D) or (E) of subsection (a)(1) \n(except that such certification shall be affected by a determination \nthat an individual is an individual described in subparagraph (A), (B), \n(C), or (D) of subsection (a)(4) during a period described in such \nsubparagraphs), and no individual shall be certified to receive a \npayment under this section for a calendar year if such individual has \nat any time been denied certification for such a payment for such \ncalendar year by reason of subparagraph (A)(ii) or (C)(ii) of \nsubsection (a)(4) (unless such individual is subsequently determined \nnot to have been an individual described in either such subparagraph at \nthe time of such denial).\n (c) Treatment of Payments.--\n (1) Payment to be disregarded for purposes of all federal \n and federally assisted programs.--A payment under subsection \n (a) shall not be regarded as income and shall not be regarded \n as a resource for the month of receipt and the following 9 \n months, for purposes of determining the eligibility of the \n recipient (or the recipient's spouse or family) for benefits or \n assistance, or the amount or extent of benefits or assistance, \n under any Federal program or under any State or local program \n financed in whole or in part with Federal funds.\n (2) Payment not considered income for purposes of \n taxation.--A payment under subsection (a) shall not be \n considered as gross income for purposes of the Internal Revenue \n Code of 1986.\n (3) Payments protected from assignment.--The provisions of \n sections 207 and 1631(d)(1) of the Social Security Act (42 \n U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad \n Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of \n title 38, United States Code, shall apply to any payment made \n under subsection (a) as if such payment was a benefit payment \n or cash benefit to such individual under the applicable program \n described in subparagraph (D) or (E) of subsection (a)(1).\n (4) Payments subject to offset.--Notwithstanding paragraph \n (3)--\n (A) any payment made under this section shall, in \n the case of a payment of a direct deposit which is made \n after the date of the enactment of this Act, be subject \n to the reclamation provisions under subpart B of part \n 210 of title 31, Code of Federal Regulations (relating \n to reclamation of benefit payments); and\n (B) any payment made under this section shall not, \n for purposes of section 3716 of title 31, United States \n Code, be considered a benefit payment or cash benefit \n made under the applicable program described in \n subparagraph (D) or (E) of subsection (a)(1), and all \n amounts paid shall be subject to offset to collect \n delinquent debts.\n (d) Payment to Representative Payees and Fiduciaries.--\n (1) In general.--In any case in which an individual who is \n entitled to a payment under subsection (a) and whose benefit \n payment or cash benefit described in paragraph (1) of that \n subsection is paid to a representative payee or fiduciary, the \n payment under subsection (a) shall be made to the individual's \n representative payee or fiduciary and the entire payment shall \n be used only for the benefit of the individual who is entitled \n to the payment.\n (2) Applicability.--\n (A) Payment on the basis of a title ii or ssi \n benefit.--Section 1129(a)(3) of the Social Security Act \n (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment \n made on the basis of an entitlement to a benefit \n specified in paragraph (1)(D)(i) or (1)(E) of \n subsection (a) in the same manner as such section \n applies to a payment under title II or XVI of such Act.\n (B) Payment on the basis of a railroad retirement \n benefit.--Section 13 of the Railroad Retirement Act (45 \n U.S.C. 231l) shall apply to any payment made on the \n basis of an entitlement to a benefit specified in \n paragraph (1)(D)(ii) of subsection (a) in the same \n manner as such section applies to a payment under such \n Act.\n (C) Payment on the basis of a veterans benefit.--\n Sections 5502, 6106, and 6108 of title 38, United \n States Code, shall apply to any payment made on the \n basis of an entitlement to a benefit specified in \n paragraph (1)(D)(iii) of subsection (a) in the same \n manner as those sections apply to a payment under that \n title.","summary":"Directs the Secretary of the Treasury to disburse a one-time payment equal to 60 sic of the total annual amount of their benefits under Social Security, SSI , the railroad retirement benefits program, and the veterans disability compensation or pension benefits program to recipients of such benefits if no cost-of-living adjustment is payable in 2011.","title":"To ensure that individuals who receive Social Security or certain other Federal benefits receive a one-time payment equal to 5 percent of the total annual amount of such benefit in the event that no cost-of-living adjustment is payable in 2011.","text_len":19679,"sum_len":352} {"bill_id":"107_hr608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited at the ``Clean Air and Water Preservation Act \nof 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) The oxygenate requirement of the reformulated gasoline \n (``RFG'') program has proven effective in reducing emissions of \n exhaust hydrocarbons, nitrous oxide and carbon monoxide, known \n precursors to smog.\n (2) One oxygenate chosen by gasoline refiners to comply \n with the Clean Air Act regulations, methyl tertiary butyl ether \n (``MTBE''), has been discovered in water sources throughout the \n nation.\n (3) MTBE renders water undrinkable and is considered a \n probable carcinogen by the Environmental Protection Agency.\n (4) MTBE is highly soluble in water and slow to degrade. \n Only one gallon of MTBE is required to contaminate 26 million \n gallons of water.\n (5) An alternative oxygenate, ethanol, is a biobased \n product which produces the same reductions in emissions, is not \n as soluble in water, biodegrades rapidly, and is considered \n safe for the environment.\n (6) The oxygenate requirement of the RFG program requires 2 \n percent by weight of an oxygenate be added to gasoline. Ethanol \n contains approximately twice as much as oxygen as MTBE, \n therefore supplying the RFG program with sufficient ethanol to \n replace MTBE would require half the volume of MTBE currently \n used.\n (7) The ethanol industry is expanding rapidly. Production \n capacity in 1998 was estimated at 1.8 billion gallons. New \n production facilities that came on line in 1999 has greatly \n increased this capacity.\n (8) The Department of Agriculture projects the domestic \n ethanol industry will be able to produce the approximately 3.1 \n billion gallons of ethanol necessary to replace MTBE by 2004.\n (9) The U.S. Department of Agriculture estimates that \n replacing MTBE with ethanol will (A) increase the demand for \n corn for ethanol by more than 500 million bushels each year, \n improving the price of corn by 14 cents per bushel each year \n and increasing average total farm cash receipts by $1 billion \n each year; (B) create 13,000 new jobs; and (C) increase average \n US agricultural net export value by more than $200 million and \n reduce US import value of MTBE by $1.1 billion for an improved \n US trade balance of $1.3 billion each year.\n (10) Ethanol is an energy efficient fuel. A 1995 report by \n the USDA estimated one gallon of ethanol provides 25 percent \n more energy than production requires. Other studies show the \n net energy gain potential of ethanol could exceed 150 percent \n when state-of-the-art agricultural and production technologies \n are used.\n (11) Ethanol is proven to enhance the performance of \n automobiles. Currently, all vehicle manufacturers approve the \n use of 10 percent ethanol blended fuels.\n (12) Replacing MTBE with ethanol would maintain the \n emissions reductions obtained through the RFG program without \n the water contamination problems associated with MTBE.\n (13) When implementing the Clean Air Act Amendments of \n 1990, the Environmental Protection Agency required, by \n regulation, that each gallon of gasoline sold in the RFG \n program contain a minimum of 1.5 percent by weight of \n oxygenate. This was not the intent of Congress in passing the \n oxygenate requirement and prohibits the most efficient use of \n oxygenates. Lifting this regulatory requirement will provide \n refiners more flexibility for complying with the RFG program \n and provide high performance gasoline year-round.\n (14) Providing such flexibility in the use of oxygenates \n could lead to an increase in the use of aromatics, many of \n which are known carcinogens. Therefore, a limit on the amount \n of aromatics added to gasoline is necessary to protect public \n health.\n (15) Providing such flexibility in the use of oxygenates \n could lead to an increase in emissions. Therefore, a \n prohibition against an increase in emissions above the level \n achieved by RFG gasoline is necessary to protect air quality.\n\nSEC. 3. USE OF MTBE AS A FUEL ADDITIVE.\n\n (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C. \n7545(c)) is amended by adding at the end of paragraph (1) the \nfollowing: ``The regulations under this paragraph shall prohibit the \nuse of methyl tertiary butyl ether (MTBE) as a fuel additive.''.\n (b) Regulations.--The Administrator of the Environmental Protection \nAgency shall amend the regulations under section 211(c)(1) of the Clean \nAir Act as promptly as practicable after the date of enactment of this \nAct to conform to the amendment made by subsection (a) of this section.\n (c) Effective Date.--Subsection (a) of this section shall take \neffect upon the expiration of the three-year period beginning on the \ndate of the enactment of this Act.\n (d) Labeling.--During the period beginning on the date of enactment \nof this Act and ending three years from the date of enactment, the \nAdministrator of the Environmental Protection Agency shall require any \nperson selling gasoline that contains methyl tertiary butyl ether at \nretail to prominently label the fuel dispensing system for the gasoline \nwith a notice that the gasoline contains methyl tertiary butyl ether \n(`MTBE').\n\nSEC. 4. EXISTING MTBE WATER CONTAMINATION.\n\n (a) State Source Water Assessment Programs.--Section 1453(a) of the \nSafe Drinking Water Act is amended by adding the following at the end \nthereof:\n ``(8) MTBE Contamination.--The Administrator shall amend \n the guidelines under this subsection to require that State \n source water assessment programs be revised to prioritize \n groundwater areas and aquifers that have been contaminated, or \n are most vulnerable to contamination, by methyl tertiary butyl \n ether (`MTBE'). Each such revision shall be submitted and \n approved or disapproved by the Administrator in accordance with \n the same deadlines as applicable to the original program under \n paragraph (3).''.\n (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking \nWater Act is amended by adding the following at the end thereof:\n ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop \na clear set of technical guidelines to assist States in the \ninvestigation and cleanup of methyl tertiary butyl ether (`MTBE') in \ngroundwater.''.\n\nSEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM.\n\n (a) Amendment of Clean Air Act.--Subparagraph (B) of section \n211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of \nsection 211(k)(3) of such Act are each amended by inserting ``an \naverage of'' before ``2.0 percent''.\n (b) Regulation Invalidated.--The provisions of section 80.41(b) of \npart 80 of title 40 of the Code of Federal Regulations establishing a \nper-gallon minimum oxygen content (percent, by weight) shall cease to \nhave any force and effect on the date of the enactment of this Act.\n\nSEC. 6. ANTI-BACKSLIDING.\n\n (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air \nAct is amended by adding the following at the end thereof: ``No later \nthan June 1, 2001, the Administrator shall revise the regulations under \nthis paragraph as necessary to ensure that the ozone forming potential, \ntaking into account all ozone precursors (including volatile organic \ncompounds, oxides of nitrogen, and carbon monoxide), of the aggregate \nemissions during the high ozone season (as defined by the \nAdministrator) from baseline vehicles when using reformulated gasoline \ndoes not exceed the ozone forming potential of the aggregate emissions \nfrom such vehicles when using reformulated gasoline that complies with \nthe regulations that were in effect on January 1, 2000, and applicable \nto reformulated gasoline sold in calendar year 2000 and thereafter.''.\n (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean \nAir Act is amended by adding the following new subparagraph at the end \nthereof:\n ``(E) Aromatic hydrocarbon content.--The aromatic \n hydrocarbon content of the gasoline shall be not \n greater than the average aromatic hydrocarbon content \n of reformulated gasoline sold in covered areas for use \n in such vehicles during the year 2000.''.\n\nSEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE.\n\n The Secretary of Energy and the Administrator of the Environmental \nProtection Agency shall evaluate by December 31, 2001 and report to the \nPresident and the Congress on the potential for development of \noxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not \notherwise identified in this Act, and shall evaluate what steps, if \nany, would be appropriate to foster development of such alternatives \nshould they be found to be an acceptable substitute for MTBE.\n\nSEC. 8. TRANSITION TO ETHANOL.\n\n It is the Sense of the Congress that the United States should \npromote renewable ethanol to replace methyl tertiary butyl ether \n(``MTBE'') and encourage oil refiners to make the transition from MTBE-\nblended fuel to ethanol-blended fuel as soon as possible.","summary":"Clean Air and Water Preservation Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE. Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight . Invalidates Federal regulations that establish a per-gallon minimum oxygen content . Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000. Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.","title":"To amend section 211 of the Clean Air Act to prohibit the use of MTBE, to provide flexibility within the oxygenate requirement of the Environmental Protection Agency's Reformulated Gasoline Program, to promote the use of renewable ethanol, and for other purposes.","text_len":9663,"sum_len":1144} {"bill_id":"103_hr3905","text":"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Opal Creek Forest \nPreserve Act of 1994''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title and table of contents.\nSec. 2. Findings and purpose.\nSec. 3. Definitions.\nSec. 4. Opal Creek Forest Preserve.\nSec. 5. Administration of the Preserve.\nSec. 6. Prohibitions regarding the management of the Preserve.\nSec. 7. Access to and acquisition of non-Federal land.\nSec. 8. Authority of the Secretary and responsible parties to conduct \n environmental response actions or pursue \n liability.\nSec. 9. Grandfather clause.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) Old-growth forests are unique ecosystems that serve as \n critical habitat for hundreds of vertebrate and invertebrate \n animals, plants, and fungi.\n (2) Old-growth forests provide clean and plentiful water \n and support streams and rivers containing runs of anadromous \n and resident cold water fish, which are wholly dependent on \n high quantity and quality water for migration, spawning, \n rearing, and cover.\n (3) The high quantity and quality of water in streams and \n rivers in old-growth forests can only be maintained by \n protecting the watersheds of these streams and rivers.\n (4) Old-growth forests provide unique and outstanding \n opportunities for educational study, scientific research, and \n recreation.\n (5) The establishment of a watershed and forest preserve to \n protect areas of old-growth forests and surface waters can \n contribute significantly to the quality of life for the \n residents of the State of Oregon through education, recreation, \n and a protected water supply.\n (6) The area known as the Opal Creek Forest, located on the \n upper Little North Fork of the Santiam River in the State of \n Oregon, contains one of the largest remaining intact old-growth \n forest ecosystems in the Western Oregon Cascades. Although the \n landscape mosaic in the Opal Creek Forest may reflect some past \n logging, young stands of trees in the area mainly owe their \n existence to natural disturbances, chiefly wildfire.\n (7) The Opal Creek Forest contains outstanding geological \n and botanical features and contains attributes of historic and \n prehistoric importance.\n (8) The recreational use of the Opal Creek Forest, \n typically in the form of hiking, sightseeing, and the general \n enjoyment of the outdoor environment, is significant and likely \n to increase.\n (9) It is desirable to limit the human-related disturbances \n and development of the Opal Creek Forest in order to protect \n fully the special features of the forest and maintain the full \n potential of its watershed for scientific, educational, and \n research purposes.\n (10) Preservation of the Opal Creek Forest provides \n outstanding opportunities for scientists to conduct research \n regarding old-growth forests and for educators to provide \n scientifically credible information to the public.\n (b) Purposes.--The purposes of this Act are--\n (1) to protect and preserve the forests and watersheds \n contained in the Opal Creek Forest Preserve;\n (2) consistent with paragraph (1), to promote and conduct--\n (A) research in the Preserve regarding old-growth \n forests in a manner that does not include the \n harvesting of timber or otherwise damage the ecosystem; \n and\n (B) educational programs in the Preserve on old-\n growth forests and cultural and historic resources in \n the Preserve; and\n (3) consistent with paragraphs (1) and (2), to permit and \n regulate recreation in the Preserve.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Preserve.--The term ``Preserve'' means the Opal Creek \n Forest Preserve established in section 4(a).\n (2) Management plan.--The term ``management plan'' means \n the management plan for the Preserve developed pursuant to \n section 5(b).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n\nSEC. 4. OPAL CREEK FOREST PRESERVE.\n\n (a) Establishment of Preserve.--There is hereby established the \nOpal Creek Forest Preserve in order to protect and preserve the forests \nand watersheds in the Preserve and to promote the research, \neducational, and recreational purposes of this Act.\n (b) Description of Preserve.--The Preserve shall consist of those \nFederal lands located in the Willamette and Mt. Hood National Forests \nin the State of Oregon that are generally depicted on the map dated \nAugust 1994, and entitled the ``Opal Creek Preserve Area''. The \nPreserve shall also include such lands as may be added under section 7 \nof this Act. The map referred to in this subsection shall be kept on \nfile and made available for public inspection in the Office of the \nChief of the Forest Service, United States Department of Agriculture.\n\nSEC. 5. ADMINISTRATION OF THE PRESERVE.\n\n (a) In General.--The Secretary shall administer the Preserve in \naccordance with this Act and with the laws, rules, and regulations \napplicable to National Forest System lands in a manner that will \nfurther the purposes of this Act.\n (b) Management Plan.--The Secretary shall prepare a comprehensive \nmanagement plan for the Preserve to achieve the purposes of this Act. \nThe management plan shall be considered to be a nonsignificant \namendment to the Willamette and Mt. Hood Forest Land and Resource \nManagement Plans. The management plan shall be prepared with public \ninvolvement which shall include consultation with interested \nindividuals and organizations. The Secretary may enter into memoranda \nof understanding with interested parties to accomplish the purposes of \nthis Act. The management plan shall include analysis and direction on \nthe use of campfires within the Preserve.\n (c) Protection of Cultural and Historic Resources.--Not later than \none year after the date of the enactment of this Act, the Secretary \nshall review and revise the inventory of the cultural and historic \nresources in the area covered by the Preserve, which was originally \ndeveloped pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-\n328; 16 U.S.C. 1131 note). The Secretary shall submit a report to \nCongress describing the results of the review of such inventory.\n (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.--\n (1) Restriction.--After the date of the enactment of this \n Act--\n (A) lands within the Preserve shall not be open to \n the location of mining claims and mill and tunnel sites \n under the general mining laws of the United States;\n (B) the Secretary shall not issue any lease under \n the Mineral Leasing Act (30 U.S.C. 181 and following) \n or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and \n following) for lands within the Preserve; and\n (C) lands within the Preserve shall not be \n available for disposal of mineral materials under the \n Act of July 31, 1947, commonly known as the Materials \n Act of 1947 (30 U.S.C. 601 and following).\n (2) Acquired lands.--The restriction provided by paragraph \n (1) shall also apply to any Federal lands added to the Preserve \n after the date of the enactment of this Act, except that the \n restriction shall apply to such lands only upon addition to the \n Preserve.\n (e) Private Inholdings.--The Secretary may cooperate with, and \nprovide technical assistance to, private landowners, organizations, and \nother entities holding private lands within the boundaries of the \nPreserve to promote the use and management of such lands in a manner \nconsistent with the purposes of this Act.\n\nSEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.\n\n (a) Prohibition on Logging or Other Timber Harvesting.--\n (1) Prohibition.--Except as provided in paragraph (2), the \n cutting of trees in the Preserve is prohibited.\n (2) Exceptions.--The prohibition contained in paragraph (1) \n shall not apply to the extent that the Secretary determines \n that the cutting of specific trees in the Preserve is \n necessary--\n (A) for public safety, such as to control the \n spread of a forest fire in the Preserve or on lands \n adjacent to the Preserve; or\n (B) for administrative use related to activities \n permitted in the Preserve.\n (3) Limitation on exception.--The cutting of trees \n authorized under paragraph (2) may not include salvage sales or \n harvests of commercial quantities of timber in the Preserve.\n (4) Collection of downed wood.--The collection of downed \n wood for firewood by permit may be allowed in a manner \n consistent with the purposes of this Act.\n (b) Prohibition on Off Road Motorized Travel.--\n (1) Prohibition.--Except as provided in paragraph (2) and \n subject to valid existing rights, the use of motor vehicles off \n or outside of the established roadbed of roads in the Preserve \n is prohibited.\n (2) Exception.--The prohibition contained in paragraph (1) \n shall not apply to the extent that the Secretary determines \n that the use of a motor vehicle off or outside of the \n established roadbed of a road in the Preserve is necessary for \n administrative purposes or to respond to an emergency.\n (c) Prohibition on Use of Certain Roads.--\n (1) Prohibition.--Except as provided in paragraph (2) and \n subject to valid existing rights, the use of motor vehicles is \n prohibited on the following roads located in the Preserve:\n (A) Forest road 2209 from the gate in existence on \n the date of the enactment of this Act eastward to the \n intersection of the road with the wilderness boundary.\n (B) Forest roads 290 and 330, which are spur roads \n to the road described in subparagraph (A).\n (2) Exceptions.--The prohibition contained in paragraph (1) \n shall not apply to the extent that the Secretary determines \n that the use of the roads described in such paragraph is \n necessary for administrative purposes or to respond to an \n emergency.\n (3) Rule of construction.--Nothing in this subsection shall \n be construed to prohibit inholders and claim holders of valid \n mining claims from using the roads described in paragraph (1) \n for ingress and egress to their inholdings or valid mining \n claims, subject to such reasonable terms and conditions, \n consistent with the purposes of this Act, as the Secretary may \n prescribe. Nothing in this subsection shall be construed to \n prohibit motor vehicle traffic on other roads established in \n the Preserve, in particular those forest roads providing access \n for claim holders of valid mining claims for the use of lands \n in the Preserve or within the Cedar Creek watershed within two \n miles outside of the boundaries of the Preserve.\n (d) Prohibition on Road Construction.--\n (1) Prohibition.--Except as provided in paragraph (2) and \n subsection (e), and subject to valid existing rights, the \n construction of new roads is prohibited in the Preserve.\n (2) Exceptions.--The prohibition contained in paragraph (1) \n shall not apply to the extent that the Secretary determines \n that the construction of new roads, or the improvement of \n existing roads, in the Preserve is necessary to accomplish the \n purposes of this Act or to provide access to inholdings or for \n claim holders of valid mining claims for the use of lands in \n the Preserve or within the Cedar Creek watershed within two \n miles outside of the boundaries of the Preserve. The Secretary \n may maintain or improve roads in the Preserve to the extent the \n Secretary determines that such maintenance or improvements are \n necessary to accomplish the purposes of this Act, to provide \n for the protection of the natural resources of the Preserve, to \n provide for public safety, or to ensure access for inholders \n and claims holders of valid mining claims for the use of lands \n in the Preserve or within the Cedar Creek watershed within two \n miles outside of the boundaries of the Preserve.\n (3) Limitation on exception.--The construction or \n improvement of roads in the Preserve pursuant to paragraph (2) \n or subsection (e) may not include paving or any work beyond 50 \n feet on either side of the centerline of the road bed.\n (e) Utilities and Accompanying Road.--In compliance with applicable \nlaws and the Willamette National Forest Land and Resource Management \nPlan, the Secretary may allow the installation and maintenance of power \nlines and water lines (and an accompanying service road) through the \nPreserve to serve authorized activities conducted on land within the \nCedar Creek watershed within two miles outside of the boundaries of the \nPreserve.\n\nSEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.\n\n (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary \nshall conduct an inventory of all non-Federal lands and interests in \nlands within the boundaries of the Preserve. The Secretary may acquire \nsuch inventoried lands (or interests in such lands) for inclusion in \nthe Preserve. The Secretary may not acquire, for inclusion in the \nPreserve, any lands or interests in lands within the boundaries of the \nPreserve without the consent of the owner, unless the Secretary \ndetermines that the land is being developed or managed (or is proposed \nto be developed or managed) in a manner inconsistent with the purposes \nof this Act. Nothing in this Act may be construed to prevent the \nSecretary from increasing the size of the Preserve.\n (b) Special Rule for Santiam No. 1 Lode Mining Claim.--\nNotwithstanding subsection (a), the parcel of real property located \nwithin the boundaries of the Preserve that is known as the Santiam No. \n1 lode mining claim and identified in section 8140 of the Department of \nDefense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), \nmay be acquired by the Secretary only--\n (1) by purchase for an amount equal to not more than the \n sum of--\n (A) the amount that the original patentee of the \n parcel paid for the parcel; and\n (B) the cost of any improvements made to the parcel \n by the patentee; or\n (2) by donation.\n (c) Rights-of-Way.--Nothing in this section shall be construed to \naffect the authority of the Secretary to acquire road and trail rights-\nof-way on lands in the Preserve under existing authorities.\n (d) Access and Utilities to Inholdings.--\n (1) In general.--In the case of private inholdings located \n within the boundaries of the Preserve, the Secretary shall \n authorize the use of Federal land in the Preserve by the holder \n of the inholding to assure adequate access to the inholding \n under applicable law.\n (2) Jawbone flats.--With respect to the inholding known as \n the Jawbone Flats area, the Secretary shall authorize the use \n of Federal land in the Preserve by the owners of the inholding \n to provide for access and utilities for a facility in the \n inholding if the Secretary determines that the facility (and \n use of the facility) is consistent with the purposes of this \n Act.\n (3) Terms and conditions.--The use of Federal land in the \n Preserve under this subsection shall be subject to such \n reasonable terms and conditions, consistent with the purposes \n of this Act, as the Secretary may prescribe.\n\nSEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT \n ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.\n\n (a) Remediation Activities.--Nothing in this Act shall be construed \nto limit the authority of the Secretary or a responsible party to \nconduct environmental remediation activities in the Preserve in \nconnection with the release, threatened release, or clean up of any \nhazardous substance or pollutant or contaminant, including response \nactions conducted pursuant to the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).\n (b) Liability.--Nothing in this Act shall be construed to limit the \nauthority of the Secretary or a responsible party to address questions \nof liability related to the release, threatened release, or clean up of \nany hazardous substance or pollutant or contaminant in the Preserve.\n\nSEC. 9. GRANDFATHER CLAUSE.\n\n Nothing in this Act shall be construed to affect the operation of \nany timber sale contract entered into, or interfere with any activity \nfor which a special use permit has been issued (and not revoked), \nbefore the date of the enactment of this Act, subject to the terms of \nthe contract or permit.\n\n Passed the House of Representatives August 8, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions, (2) logging or other timber harvesting, (3) off road motorized travel. And (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.","title":"Opal Creek Forest Preserve Act of 1994","text_len":18282,"sum_len":552} {"bill_id":"108_hr3629","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arsenic-Treated Wood Prohibition \nAct''.\n\nSEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT \n TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT.\n\n (a) In General.--The Federal Insecticide, Fungicide, and \nRodenticide Act (7 U.S.C. 136a et seq.) is amended--\n (1) by redesignating sections 33 and 34 as sections 34 and \n 35, respectively; and\n (2) by inserting after section 32 the following:\n\n``SEC. 33. PROHIBITION AGAINST USE OF ARSENIC-TREATED WOOD TO \n MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES.\n\n ``(a) In General.--Notwithstanding any other provision of law, not \nlater than 90 days after the date of the enactment of this section, the \nAdministrator shall promulgate regulations that prohibit--\n ``(1) the use of arsenic-treated wood to manufacture any \n product or structure that may be used for or by children, \n including--\n ``(A) playground equipment, play houses, or other \n structures designed for frequent use specifically by \n children;\n ``(B) fences;\n ``(C) walkways;\n ``(D) decks;\n ``(E) docks and boat houses; and\n ``(F) structures or products used in residential \n landscaping;\n ``(2) the use of arsenic-treated wood to manufacture mulch, \n compost, or soil-amendment products;\n ``(3) the use of arsenic-treated wood to manufacture \n railroad ties, marine pilings, or utility poles, except that \n this subsection does not apply to such a product or structure \n to the extent that the Administrator determines that the use of \n arsenic-treated wood in the product or structure is safe; and\n ``(4) such additional uses of arsenic-treated wood to \n manufacture products or structures as the Administrator \n determines to be appropriate, whether such products or \n structures are intended for residential use or commercial use.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Arsenic-treated wood.--The term `arsenic-treated \n wood' means wood that is treated with a pesticide that is a \n chromated copper arsenical or is treated with any other \n arsenical pesticide.\n ``(2) Manufacture.--The term `manufacture', with respect to \n the use of arsenic-treated wood in products and structures \n described in subsection (a), includes--\n ``(A) the creation of a product designed to be \n assembled by a consumer; and\n ``(B) the building of a product on behalf of a \n consumer in accordance with specifications given by the \n consumer.''.\n (b) Risk Assessment.--\n (1) In general.--Not later than March 15, 2004, the \n Administrator, in consultation with the Consumer Products \n Safety Commission, shall publish in the Federal Register an \n assessment of the risks posed by the production, cutting, \n milling, sanding, mulching, and use of CCA-treated wood.\n (2) Methodology.--In conducting the risk assessment, the \n Administrator shall follow the methodology recommended by the \n Scientific Advisory Panels that were organized by the \n Environmental Protection Agency and that met in October 2001.\n (3) Definitions.--For purposes of this subsection:\n (A) The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (B) The term ``CCA-treated wood'' means wood that \n is treated with a pesticide that is a chromated copper \n arsenical.\n (c) Conforming Amendment.--The table of contents in section 1(b) of \nthe Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. \n121) is amended by striking the items relating to sections 30 and 31 \nand inserting the following:\n\n``Sec. 30. Minimum requirements for training of maintenance applicators \n and service technicians.\n``Sec. 31. Environmental Protection Agency minor use program.\n``Sec. 32. Department of Agriculture minor use program.\n ``(a) In general.\n ``(b)(1) Minor use pesticide data.\n ``(2) Minor Use Pesticide Data Revolving Fund.\n``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.\n ``(a) In general.\n ``(b) Definitions.\n ``(1) Arsenic-treated wood.\n ``(2) Manufacture.\n``Sec. 34. Severability.\n``Sec. 35. Authorization for appropriations.''.\n\nSEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE \n DISPOSAL ACT.\n\n Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) \nis amended by adding at the end the following:\n ``(3)(A) Discarded arsenic-treated wood and sawdust from such wood \nshall be deemed, for purposes of this Act, to be a listed hazardous \nwaste under subsection (b)(1) and shall be disposed of in a lined \nlandfill with a leachate collection system and groundwater monitoring \nsystem (or such other system as the Administrator determines is \nappropriate to capture arsenic and prevent arsenic from contaminating \ngroundwater).\n ``(B) As used in subparagraph (A):\n ``(i) The term `arsenic-treated wood' means wood that is \n treated with a pesticide that is a chromated copper arsenical \n or is treated with any other arsenical pesticide.\n ``(ii) The term `pesticide' has the meaning given such term \n in section 2 of the Federal Insecticide, Fungicide, and \n Rodenticide Act (7 U.S.C. 136).''.\n\nSEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND \n SCHOOL SYSTEMS.\n\n (a) Educational Program.--Not later than 180 days after the date of \nthe enactment of this Act, the Administrator, in consultation with the \nConsumer Product Safety Commission, shall develop and conduct an \neducational program to assist consumers, State and local governments, \nschool systems, and other institutions in--\n (1) testing arsenic levels in arsenic-treated wood and soil \n surrounding arsenic-treated wood;\n (2) making decisions relating to the containment and \n removal of arsenic-treated wood from homes, playgrounds, \n schools, and other facilities designed primarily for use by \n children; and\n (3) providing guidance regarding the decontamination of \n soils, mulches, and other media under structures made of \n arsenic-treated wood where children or pets may be exposed to \n arsenic.\n (b) Assistance for Schools.--\n (1) In general.--Not later than 180 days after the date of \n enactment of this Act, the Administrator shall establish a \n pilot program to provide grants and technical assistance to \n school systems to assist the school systems in--\n (A) removing playground and other equipment \n containing arsenic-treated wood from grounds of the \n school systems;\n (B) applying sealant to arsenic-treated wood \n structures; and\n (C) conducting any necessary remediation relating \n to use of arsenic-treated wood.\n (2) Certain uses of grant.--The Administrator may authorize \n a grant under paragraph (1) to be used for the purpose of \n replacing playground equipment and related items that are \n removed because the equipment or items contain arsenic-treated \n wood. With respect to any portion of a grant under such \n paragraph that is authorized to be used for such purpose, the \n Administrator may require that the applicant involved make non-\n Federal contributions toward the cost of replacing the \n equipment or items.\n (c) Definitions.--In this section:\n (1) The term ``Administrator'' means the Administrator of \n the Environmental Protection Agency.\n (2) The term ``arsenic-treated wood'' means wood that is \n treated with a pesticide that is a chromated copper arsenical \n or is treated with any other arsenical pesticide.\n (3) The term ``pesticide'' has the meaning given such term \n in section 2 of the Federal Insecticide, Fungicide, and \n Rodenticide Act (7 U.S.C. 136).\n (d) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for fiscal year 2004 and each subsequent fiscal year.\n\nSEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION \n MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD.\n\n Not later than August 1, 2004, the Consumer Product Safety \nCommission shall submit to the Congress a report on the status of the \nefforts of the Commission to identify stains, sealants, or other \nmeasures for reducing the exposure of children to arsenic from products \nor structures that--\n (1) are constructed in whole or part with arsenic-treated \n wood, as defined in section 33 of the Federal Insecticide, \n Fungicide, and Rodenticide Act, as added by section 2 of this \n Act;\n (2) may be used for or by children; and\n (3) will remain in use after the effective date of the \n prohibition established in regulations under such section 33.","summary":"Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate. Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood . Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste. And (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination. And (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities. Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act.","title":"To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to establish prohibitions and requirements relating to arsenic-treated wood, and for other purposes.","text_len":9703,"sum_len":1584} {"bill_id":"109_hr2048","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Motor Vehicle Owners' Right to \nRepair Act of 2005''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The ability to diagnose, service, and repair a motor \n vehicle in a timely, reliable, and affordable manner is \n essential to the safety and well-being of automotive consumers \n in the United States.\n (2) Consumers are entitled to choose among competing repair \n facilities for the convenient, reliable, and affordable repair \n of their motor vehicles.\n (3) Increased competition among repair facilities will \n benefit vehicle owners in the United States.\n (4) Computers of various kinds are increasingly being used \n in motor vehicle systems, such as pollution control, \n transmission, anti-lock brakes, electronic and mechanical \n systems, heating and air-conditioning, mobile electronics, \n airbags, and steering.\n (5) The diagnosis, service, and repair of these vehicle \n systems are essential to the safety and proper operation of \n modern motor vehicles.\n (6) In many instances, access codes prevent owners from \n making, or having made, the necessary diagnosis, service, and \n repair of their motor vehicles in a timely, convenient, \n reliable, and affordable manner.\n (7) Automobile manufacturers have restricted access to the \n information motor vehicle owners need in order to diagnose, \n service, and repair their vehicles, in a manner that has \n hindered open competition among repair facilities.\n (8) Consumers in the United States have benefited from the \n availability of a competitive aftermarket industry, or parts \n and accessories used in the repair, maintenance, or enhancement \n of a motor vehicle. The American economy has also benefited \n from the availability of a competitive aftermarket industry \n that provides jobs to over 5 million workers in over 495,000 \n businesses, and generates $200 billion in annual sales.\n (9) Vehicle owners in the United States should have the \n right--\n (A) to all information necessary to allow the \n diagnosis, service, and repair of their vehicles;\n (B) to choose between original parts and \n aftermarket parts when repairing their motor vehicles; \n and\n (C) to make, or have made, repairs necessary to \n keep their vehicles in reasonably good and serviceable \n condition during the life of the vehicle.\n (10) The restriction of vehicle repair information and \n tools limits who can repair motor vehicles and what parts may \n be used to repair those vehicles, which limits consumer choice, \n impedes competition, and increases the costs of vehicle repair \n for consumers.\n (b) Purposes.--The purposes of this Act are:\n (1) To ensure the safety of all vehicle owners by requiring \n disclosure of all information necessary for the proper \n diagnosis, service, and repair of a vehicle in a timely, \n affordable, and reliable manner.\n (2) To encourage competition in the diagnosis, service, and \n repair of motor vehicles.\n\nSEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.\n\n (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or \nintroduced into commerce in the United States shall promptly provide to \nthe vehicle owner, or to a repair facility of the motor vehicle owner's \nchoosing, the information necessary to diagnose, service, or repair the \nvehicle. The motor vehicle manufacturer shall make available all non-\nemission-related service information, training information, and \ndiagnostic tools on a non-discriminatory basis to any repair facility \nof the owner's choosing, and shall not not limit such information to \nthose repair facilities within the manufacturers' approved network. The \ninformation to be made available shall include the following:\n (1) The same service and training information related to \n vehicle repair shall be made available to all independent \n repair facilities in the same manner and extent as it is made \n available to franchised dealerships, and shall include all \n information needed to activate all controls that can be \n activated by a franchised dealership.\n (2) The same diagnostic tools and capabilities related to \n vehicle repair that are made available to franchised \n dealerships shall be made available to independent repair \n facilities. These diagnostic tools and capabilities shall be \n made available for purchase by motor vehicle owners or their \n agents through reasonable business means. The service and \n training information and manufacturer diagnostic capabilities \n shall be available to independent repair facilities, and to the \n companies from which they normally purchase diagnostic tools, \n without the need for the motor vehicle owner to return to a \n franchised dealership.\n (b) Protection of Trade Secrets.--Nothing in this Act shall be \ndeemed to require the disclosure of trade secrets, nor the public \ndisclosure of any information related exclusively to the design and \nmanufacture of motor vehicle parts. No information necessary to repair \na vehicle shall be withheld by a manufacturer if such information is \nprovided (directly or indirectly) to franchised dealerships or other \nrepair facilities.\n\nSEC. 4. REGULATIONS.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Federal Trade Commission shall prescribe regulations \nsetting forth an appropriate method by which manufacturers shall \nprovide the information required by section 3, including disclosure in \nwriting, via the Internet, or under such terms as the Commission \ndetermines appropriate. The regulations shall take effect upon final \nissuance of such regulations and shall apply to vehicles manufactured \nafter model year 1994.\n (b) Limitation.--The Federal Trade Commission may not prescribe \nrules that interfere with the authority of, or conflict with rules \nprescribed by, the Administrator of the Environmental Protection Agency \nunder section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with \nregard to motor vehicle emissions control diagnostics systems.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Unfair or Deceptive Act or Practice.--The failure by a \nmanufacturer to comply with section 3(a) or the regulations prescribed \nunder section 4 shall be treated as an unfair method of competition and \nan unfair or deceptive act or practice in or affecting commerce (within \nthe meaning of section 5(a)(1) of the Federal Trade Commission Act (15 \nU.S.C. 45(a)(1))). A violation of this Act shall be treated as a \nviolation of a rule defining an unfair or deceptive act or practice \nprescribed under section 18(a)(1)(B) of the Federal Trade Commission \nAct (15 U.S.C. 57a(a)(1)(B)).\n (b) Actions by the Federal Trade Commission.--The Federal Trade \nCommission shall enforce this Act in the same manner, by the same \nmeans, and with the same jurisdiction, powers, and duties as though all \napplicable terms and provisions of the Federal Trade Commission Act (15 \nU.S.C. 41 et seq.) were incorporated into and made a part of this Act. \nAny entity that violates this Act shall be subject to the penalties and \nentitled to the privileges and immunities provided in the Federal Trade \nCommission Act in the same manner, by the same means, and with the same \njurisdiction, power, and duties as though all applicable terms and \nprovisions of the Federal Trade Commission Act were incorporated into \nand made a part of this Act.\n (c) Effect on Other Laws.--Nothing contained in this Act shall be \nconstrued to limit the authority of the Federal Trade Commission under \nany other provisions of law.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) The terms ``manufacturer'', ``motor vehicle'', and \n ``motor vehicle equipment'' have the meanings given those terms \n in section 30102(a) of title 49, United States Code.\n (2) The term ``motor vehicle owner'' or ``vehicle owner'' \n means any person who owns, leases, or otherwise has the legal \n right to use and possess a motor vehicle.\n (3) The term ``repair facility'' means a facility \n maintained by a person engaged in the repair, diagnosing, or \n servicing of motor vehicles or motor vehicle engines.","summary":"Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.","title":"To protect the rights of consumers to diagnose, service, and repair motor vehicles in the United States, and for other purposes.","text_len":8800,"sum_len":915} {"bill_id":"114_hr6071","text":"That the following sums \nare hereby appropriated, out of any money in the Treasury not otherwise \nappropriated, and out of applicable corporate or other revenues, \nreceipts, and funds, for the several departments, agencies, \ncorporations, and other organizational units of Government for fiscal \nyear 2017, and for other purposes, namely:\n\n TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017\n\n Sec. 101. (a) Such amounts as may be necessary, at a rate for \noperations as provided in the applicable appropriations Acts for fiscal \nyear 2016 and under the authority and conditions provided in such Acts, \nfor continuing projects or activities (including the costs of direct \nloans and loan guarantees) that are not otherwise specifically provided \nfor in this title, that were conducted in fiscal year 2016, and for \nwhich appropriations, funds, or other authority were made available in \nthe following appropriations Acts:\n (1) The Agriculture, Rural Development, Food and Drug \n Administration, and Related Agencies Appropriations Act, 2016 \n (division A of Public Law 114-113).\n (2) The Commerce, Justice, Science, and Related Agencies \n Appropriations Act, 2016 (division B of Public Law 114-113).\n (3) The Department of Defense Appropriations Act, 2016 \n (division C of Public Law 114-113).\n (4) The Energy and Water Development and Related Agencies \n Appropriations Act, 2016 (division D of Public Law 114-113).\n (5) The Financial Services and General Government \n Appropriations Act, 2016 (division E of Public Law 114-113).\n (6) The Department of Homeland Security Appropriations Act, \n 2016 (division F of Public Law 114-113).\n (7) The Department of the Interior, Environment, and \n Related Agencies Appropriations Act, 2016 (division G of Public \n Law 114-113).\n (8) The Departments of Labor, Health and Human Services, \n and Education, and Related Agencies Appropriations Act, 2016 \n (division H of Public Law 114-113).\n (9) The Legislative Branch Appropriations Act, 2016 \n (division I of Public Law 114-113).\n (10) The Department of State, Foreign Operations, and \n Related Programs Appropriations Act, 2016 (division K of Public \n Law 114-113), except title IX.\n (11) The Transportation, Housing and Urban Development, and \n Related Agencies Appropriations Act, 2016 (division L of Public \n Law 114-113).\n (b)(1) The rate for operations provided by subsection (a) in the \nrevised security category (as defined in section 250(c)(4)(D) of the \nBalanced Budget and Emergency Deficit Control Act of 1985) is hereby \nadjusted by the percentage necessary to achieve a rate for operations \nin such category equal to the excess of $548,091,000,000 over the total \namount made available in such category pursuant to section 201.\n (2) The rate for operations provided by subsection (a) in the \nrevised nonsecurity category (as defined in section 250(c)(4)(E) of the \nBalanced Budget and Emergency Deficit Control Act of 1985) is hereby \nadjusted by the percentage necessary to achieve a rate for operations \nin such category equal to the excess of $518,491,000,000 over the total \namount made available in such category pursuant to section 201.\n Sec. 102. (a) No appropriation or funds made available or authority \ngranted pursuant to section 101 for the Department of Defense shall be \nused for: (1) the new production of items not funded for production in \nfiscal year 2016 or prior years; (2) the increase in production rates \nabove those sustained with fiscal year 2016 funds; or (3) the \ninitiation, resumption, or continuation of any project, activity, \noperation, or organization (defined as any project, subproject, \nactivity, budget activity, program element, and subprogram within a \nprogram element, and for any investment items defined as a P-1 line \nitem in a budget activity within an appropriation account and an R-1 \nline item that includes a program element and subprogram element within \nan appropriation account) for which appropriations, funds, or other \nauthority were not available during fiscal year 2016.\n (b) No appropriation or funds made available or authority granted \npursuant to section 101 for the Department of Defense shall be used to \ninitiate multi-year procurements utilizing advance procurement funding \nfor economic order quantity procurement unless specifically \nappropriated later.\n Sec. 103. Appropriations made by section 101 shall be available to \nthe extent and in the manner that would be provided by the pertinent \nappropriations Act.\n Sec. 104. Except as otherwise provided in section 102, no \nappropriation or funds made available or authority granted pursuant to \nsection 101 shall be used to initiate or resume any project or activity \nfor which appropriations, funds, or other authority were not available \nduring fiscal year 2016.\n Sec. 105. Appropriations made and authority granted pursuant to \nthis title shall cover all obligations or expenditures incurred for any \nproject or activity during the period for which funds or authority for \nsuch project or activity are available under this title.\n Sec. 106. Unless otherwise provided for in this title or in the \napplicable appropriations Act for fiscal year 2017, appropriations and \nfunds made available and authority granted pursuant to this title shall \nbe available until whichever of the following first occurs: (1) the \nenactment into law of an appropriation for any project or activity \nprovided for in this title; (2) the enactment into law of the \napplicable appropriations Act for fiscal year 2017 without any \nprovision for such project or activity; or (3) December 9, 2016.\n Sec. 107. Expenditures made pursuant to this title shall be \ncharged to the applicable appropriation, fund, or authorization \nwhenever a bill in which such applicable appropriation, fund, or \nauthorization is contained is enacted into law.\n Sec. 108. Appropriations made and funds made available by or \nauthority granted pursuant to this title may be used without regard to \nthe time limitations for submission and approval of apportionments set \nforth in section 1513 of title 31, United States Code, but nothing in \nthis title may be construed to waive any other provision of law \ngoverning the apportionment of funds.\n Sec. 109. Notwithstanding any other provision of this title, \nexcept section 106, for those programs that would otherwise have high \ninitial rates of operation or complete distribution of appropriations \nat the beginning of fiscal year 2017 because of distributions of \nfunding to States, foreign countries, grantees, or others, such high \ninitial rates of operation or complete distribution shall not be made, \nand no grants shall be awarded for such programs funded by this title \nthat would impinge on final funding prerogatives.\n Sec. 110. This title shall be implemented so that only the most \nlimited funding action of that permitted in the title shall be taken in \norder to provide for continuation of projects and activities.\n\nTITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES \n APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT\n\nSEC. 201. ENACTMENT BY REFERENCE.\n\n (a) In General.--The provisions of the Military Construction, \nVeterans Affairs, and Related Agencies Appropriations Act, 2017 and \nZika Response and Preparedness Act, as printed in the Conference Report \naccompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law.\n (b) Publication.--In publishing the Act in slip form and in the \nUnited States Statutes at Large pursuant to section 112, of title 1, \nUnited States Code, the Archivist of the United States shall include \nafter the date of approval at the end appendixes setting forth the \ntexts of the bill referred to in subsection (a) of this section.\n\n TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE\n\nSEC. 301. SHORT TITLE.\n\n This title may be cited as the ``American Security Against Foreign \nEnemies Act of 2015'' or as the ``American SAFE Act of 2015''.\n\nSEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED \n STATES.\n\n (a) Background Investigation.--In addition to the screening \nconducted by the Secretary of Homeland Security, the Director of the \nFederal Bureau of Investigation shall take all actions necessary to \nensure that each covered alien receives a thorough background \ninvestigation prior to admission as a refugee. A covered alien may not \nbe admitted as a refugee until the Director of the Federal Bureau of \nInvestigation certifies to the Secretary of Homeland Security and the \nDirector of National Intelligence that each covered alien has received \na background investigation that is sufficient to determine whether the \ncovered alien is a threat to the security of the United States.\n (b) Certification by Unanimous Concurrence.--A covered alien may \nonly be admitted to the United States after the Secretary of Homeland \nSecurity, with the unanimous concurrence of the Director of the Federal \nBureau of Investigation and the Director of National Intelligence, \ncertifies to the appropriate Congressional Committees that the covered \nalien is not a threat to the security of the United States.\n (c) Inspector General Review of Certifications.--The Inspector \nGeneral of the Department of Homeland Security shall conduct a risk-\nbased review of all certifications made under subsection (b) each year \nand shall provide an annual report detailing the findings to the \nappropriate Congressional Committees.\n (d) Monthly Report.--The Secretary of Homeland Security shall \nsubmit to the appropriate Congressional Committees a monthly report on \nthe total number of applications for admission with regard to which a \ncertification under subsection (b) was made and the number of covered \naliens with regard to whom such a certification was not made for the \nmonth preceding the date of the report. The report shall include, for \neach covered alien with regard to whom a certification was not made, \nthe concurrence or nonconcurrence of each person whose concurrence was \nrequired by subsection (b).\n (e) Definitions.--In this Act:\n (1) Covered alien.--The term ``covered alien'' means any \n alien applying for admission to the United States as a refugee \n who--\n (A) is a national or resident of Iraq or Syria;\n (B) has no nationality and whose last habitual \n residence was in Iraq or Syria; or\n (C) has been present in Iraq or Syria at any time \n on or after March 1, 2011.\n (2) Appropriate congressional committee.--The term \n ``appropriate Congressional Committees'' means--\n (A) the Committee on Armed Services of the Senate;\n (B) the Select Committee on Intelligence of the \n Senate;\n (C) the Committee on the Judiciary of the Senate;\n (D) the Committee on Homeland Security and \n Governmental Affairs of the Senate;\n (E) the Committee on Foreign Relations of the \n Senate;\n (F) the Committee on Appropriations of the Senate;\n (G) the Committee on Armed Services of the House of \n Representatives;\n (H) the Permanent Select Committee on Intelligence \n of the House of Representatives;\n (I) the Committee on the Judiciary of the House of \n Representatives;\n (J) the Committee on Homeland Security of the House \n of Representatives;\n (K) the Committee on Appropriations of the House of \n Representatives; and\n (L) the Committee on Foreign Affairs of the House \n of Representatives.\n\n TITLE IV--STOPPING THE INTERNET GIVEAWAY\n\nSEC. 401. SHORT TITLE.\n\n This title may be cited as the ``Protecting Internet Freedom Act''.\n\nSEC. 402. FINDINGS.\n\n Congress finds the following:\n (1) The Department of Commerce and the National \n Telecommunications and Information Administration (in this \n section referred to as the ``NTIA'') should be responsible for \n maintaining the continuity and stability of services related to \n certain interdependent Internet technical management functions, \n known collectively as the Internet Assigned Numbers Authority \n (in this section referred to as the ``IANA''), which includes--\n (A) the coordination of the assignment of technical \n Internet protocol parameters;\n (B) the administration of certain responsibilities \n associated with the Internet domain name system root \n zone management;\n (C) the allocation of Internet numbering resources; \n and\n (D) other services related to the management of the \n Advanced Research Project Agency and INT top-level \n domains.\n (2) The interdependent technical functions described in \n paragraph (1) were performed on behalf of the Federal \n Government under a contract between the Defense Advanced \n Research Projects Agency and the University of Southern \n California as part of a research project known as the Tera-node \n Network Technology project. As the Tera-node Network Technology \n project neared completion and the contract neared expiration in \n 1999, the Federal Government recognized the need for the \n continued performance of the IANA functions as vital to the \n stability and correct functioning of the Internet.\n (3) The NTIA may use its contract authority to maintain the \n continuity and stability of services related to the IANA \n functions.\n (4) If the NTIA uses its contract authority, the \n contractor, in the performance of its duties, must have or \n develop a close constructive working relationship with all \n interested and affected parties to ensure quality and \n satisfactory performance of the IANA functions. The interested \n and affected parties include--\n (A) the multistakeholder, private sector-led, \n bottom-up policy development model for the domain name \n system that the Internet Corporation for Assigned Names \n and Numbers represents;\n (B) the Internet Engineering Task Force and the \n Internet Architecture Board;\n (C) Regional Internet Registries;\n (D) top-level domain operators and managers, such \n as country codes and generic;\n (E) governments; and\n (F) the Internet user community.\n (5) The IANA functions contract of the Department of \n Commerce explicitly declares that ``[a]ll deliverables provided \n under this contract become the property of the U.S. \n Government.''. One of the deliverables is the automated root \n zone.\n (6) Former President Bill Clinton's Internet czar Ira \n Magaziner stated that ``[t]he United States paid for the \n Internet, the Net was created under its auspices, and most \n importantly everything [researchers] did was pursuant to \n government contracts.''.\n (7) Under section 3 of article IV of the Constitution of \n the United States, Congress has the exclusive power to \n ``dispose of and make all needful Rules and Regulations \n respecting the Territory or other Property belonging to the \n United States''.\n (8) The .gov and .mil top-level domains are the property of \n the United States Government, and as property, the United \n States Government should have the exclusive control and use of \n those domains in perpetuity.\n\nSEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT.\n\n The Assistant Secretary of Commerce for Communications and \nInformation may not allow the responsibility of the National \nTelecommunications and Information Administration with respect to the \nInternet domain name system functions, including responsibility with \nrespect to the authoritative root zone file and the performance of the \nInternet Assigned Numbers Authority functions, to terminate, lapse, \nexpire, be canceled, or otherwise cease to be in effect unless a \nFederal statute enacted after the date of enactment of this title \nexpressly grants the Assistant Secretary such authority.\n\nSEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF \n .GOV AND .MIL DOMAINS.\n\n Not later than 60 days after the date of enactment of this title, \nthe Assistant Secretary of Commerce for Communications and Information \nshall provide to Congress a written certification that the United \nStates Government has--\n (1) secured sole ownership of the .gov and .mil top-level \n domains; and\n (2) entered into a contract with the Internet Corporation \n for Assigned Names and Numbers that provides that the United \n States Government has exclusive control and use of those \n domains in perpetuity.","summary":"This bill provides continuing FY2017 appropriations to most federal agencies until the earlier of December 9, 2016, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because the FY2017 appropriations bills that fund the federal government have not been enacted. The bill specifies the rates of operations for security and nonsecurity programs for the duration of the continuing appropriations. The bill enacts, by reference, the provisions of the conference report for H. R. 2577 . American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015 The Federal Bureau of Investigation, the Department of Homeland Security, and the Director of National Intelligence must take specified actions to ensure that certain aliens from Iraq or Syria receive thorough background investigations and are certified not to be a security threat prior to being admitted to the United States as refugees. Protecting Internet Freedom Act The Department of Commerce may not allow the National Telecommunications and Information Administration's responsibility for Internet domain name system functions to cease unless a federal statute enacted after enactment of this bill expressly grants Commerce the authority. Commerce must certify to Congress that the United States: (1) secured sole ownership of the . gov and . mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the US government with exclusive control and use of those domains in perpetuity.","title":"Making continuing appropriations for fiscal year 2017, and for other purposes.","text_len":17700,"sum_len":1643} {"bill_id":"114_hr6483","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Swine Waste Infrastructure and \nNatural Environment Act'' or the ``SWINE Act''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) Animal agricultural production represents an important \n part of our Nation's economy and a critical source of income \n for hundreds of thousands of American families.\n (2) Animal agricultural production facilities, including \n combined animal feeding operations (CAFOs), produce millions of \n tons of animal waste annually, the management and disposal of \n which represents an integral part of the animal agricultural \n production process.\n (3) Traditional methods of animal waste disposal, \n especially those associated with ``lagoon and spray-field'' \n systems, have been shown by federally funded research to result \n in negative environmental and social externalities, including \n contamination of soil, groundwater, and surface water with \n nitrogen, contamination of air with ammonia, and other threats \n to animal and human health.\n (4) During severe weather events, the risk of negative \n externalities can become particularly acute, as ``lagoons'' \n have the potential to overflow or breach their walls and flood \n surrounding communities and waterways with unprocessed animal \n waste.\n (5) In the Southeastern United States, combined animal \n feeding operations dedicated to the production of swine are \n disproportionately located in low-income communities.\n (6) In recent decades, collaborative research and \n development efforts by industry, academia, and the public \n sector have produced numerous superior waste management and \n disposal technologies that have been shown to significantly \n reduce the negative environmental and social externalities \n associated with ``lagoon and spray-field'' systems and, in some \n cases, produce value-added byproducts that can generate new \n revenue for producers.\n (7) The widespread adoption of superior waste management \n and disposal technologies has been inhibited by various social \n and economic factors, including the cost to producers of \n installing and operating such systems.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) the conversion of existing ``lagoon and spray-field'' \n systems into superior waste management and disposal systems \n would produce significant benefits to the environment and \n public health, including more sustainable agricultural \n operations, improved animal health, and improved resilience \n against severe weather events, and should thus be a goal of \n national policy; and\n (2) the approval of new animal agricultural production \n facilities by Federal or State authorities should be made \n contingent on the adoption of superior waste management and \n disposal systems, as has already occurred in some States.\n\nSEC. 3. ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL TECHNOLOGIES.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Secretary of Agriculture shall establish a \nprogram for certifying environmentally sustainable swine waste disposal \ntechnologies in accordance with this section.\n (b) Standards.--\n (1) Requirements.--In establishing the program under this \n section, the Secretary shall establish standards requiring that \n a swine waste disposal technology, in order to be certified \n under this section--\n (A) eliminate animal discharge into surface waters \n and groundwater through direct discharge, seepage, or \n runoff;\n (B) substantially eliminate atmospheric emissions \n of ammonia from swine waste;\n (C) substantially eliminate the emission of odor \n from swine waste that is detectable beyond the \n boundaries of the parcel or tract of land on which the \n swine farm is located;\n (D) substantially eliminate the release of disease-\n transmitting vectors and airborne pathogens from swine \n waste;\n (E) substantially eliminate nutrient and heavy \n metal contamination of soil and groundwater from swine \n waste; and\n (F) be cost-effective.\n (2) Cost-effectiveness.--In determining whether a \n technology is cost-effective under this section, the \n Secretary--\n (A) shall consider the full range of subsidies \n available under this Act and other Federal programs, \n and available State and private-sector support;\n (B) in considering the costs of a technology, may \n include costs associated with adoption of the \n technology and the estimated operation and maintenance \n costs of the technology through the life of technology; \n and\n (C) may not require parity with the cost of \n existing swine waste disposal technologies and systems.\n (3) Consultation.--In establishing standards under this \n paragraph, the Secretary shall consult with the Administrator \n of the Environmental Protection Agency, the relevant task force \n established under section 1672A of the Food, Agriculture, \n Conservation, and Trade Act of 1990, and States that have a \n history of widespread use of lagoon and spray technology on \n swine farms.\n (c) Certification.--\n (1) In general.--The Secretary, in consultation with the \n Administrator of the Environmental Protection Agency and the \n relevant task force established under section 1672A of the \n Food, Agriculture, Conservation, and Trade Act of 1990, shall \n certify a swine waste disposal technology as being \n environmentally sustainable if it meets the standards \n established under subsection (b).\n (2) Eligible technologies.--Swine waste disposal \n technologies that are eligible for certification under this \n subsection include stand-alone waste disposal technology \n platforms and multi-part systems, which may incorporate in-\n ground technology, that meet or exceed, in combination, the \n standards established under this section, as determined by the \n Secretary.\n\nSEC. 4. STATE PERMITTING AND CERTIFICATION REQUIREMENTS.\n\n Beginning on the effective date of the standards established under \nsection 2, no State may issue a permit pursuant to any Federal law to a \nswine farm that is a concentrated animal feeding operation (as defined \nin section 122.23 of title 40, Code of Federal Regulations) unless the \nswine farm disposes of swine waste only through use of swine waste \ndisposal technology certified under section 3(c).\n\nSEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.\n\n (a) In General.--Title XVI of the Food, Agriculture, Conservation, \nand Trade Act of 1990 (7 U.S.C. 5801 et seq.) is amended by inserting \nafter section 1672 (7 U.S.C. 5925) the following new section:\n\n``SEC. 1672A. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.\n\n ``(a) Competitive Research and Extension Grants Authorized.--The \nSecretary shall make competitive grants to support research and \nextension activities specified in subsection (c). The Secretary shall \nmake the grants in consultation with the National Agricultural \nResearch, Extension, Education, and Economics Advisory Board and the \ntask force appointed under subsection (b)(2)(A). \n ``(b) Administration.--\n ``(1) In general.--Paragraphs (4) and (7) of subsection (b) \n of the Competitive, Special, and Facilities Research Grant Act \n (7 U.S.C. 450i) shall apply with respect to the making of \n grants under this section.\n ``(2) Use of task forces.--\n ``(A) In general.--To facilitate the making of \n research and extension grants under this section for \n the purpose specified in subsection (c), the Secretary \n shall appoint a task force to make recommendations to \n the Secretary.\n ``(B) Composition.--A task force established under \n subparagraph (A) shall be composed of representatives \n of each of the following entities:\n ``(i) Colleges and universities.\n ``(ii) The Department of Agriculture.\n ``(iii) The Environmental Protection \n Agency.\n ``(iv) The swine production industry.\n ``(v) A nonprofit organization focused on \n the environmental effects of swine farm \n operations.\n ``(vi) A nonprofit organization focused on \n the social effects of swine farm operations.\n ``(c) Environmentally Superior Swine Waste Management Technologies \nResearch and Extension.--Research and extension grants may be made \nunder this section, with respect to swine waste management technologies \ncertified under section 3(c) of the SWINE Act, for the purpose of \nidentifying, evaluating, and demonstrating environmentally superior \nwaste management technologies for the processing of swine waste.\n ``(d) Priority.--Following the completion of a peer review process \nfor grant proposals received under this section, the Secretary shall \ngive priority to those grant proposals that involve one or more of the \nfollowing:\n ``(1) The cooperation of multiple entities.\n ``(2) States or regions with a high concentration of spray \n field and lagoon operations.\n ``(3) A reduction in water usage.\n ``(4) The reduction of ammonia and odor emissions, disease-\n transmitting vectors, airborne pathogens, and nutrient and \n heavy metal contamination that exceed the standards established \n for swine waste management technologies certified under section \n 3(c) of the SWINE Act with respect to such reduction.\n ``(5) Significant improvement of the health of swine.\n ``(6) The generation of electricity.\n ``(7) Significant increases in nutrient recovery and \n fertilizer production.\n ``(8) Alternative uses of swine waste and the generation of \n renewable energy using such waste, including innovative methods \n and technologies to allow agricultural operators to make use of \n swine waste, such as use as fertilizer, methane digestion, \n composting, and other useful byproducts.\n ``(9) Maximizing nutrition management for swine while \n limiting the risks associated with swine feeding practices \n (such as mineral bypass).\n ``(10) Improvements to water quality and aquatic \n ecosystems, including with respect to mitigating the impact of \n microorganisms of the genus Pfiesteria and other microorganisms \n that are a threat to human or animal health on aquatic food \n webs, especially commercially important aquatic species and \n their habitats.\n ``(11) The advancement of efforts of the Department of \n Agriculture to reduce and eliminate antibiotics in livestock.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2018 through 2028.''.\n (b) Confirming Availability of Pork Promotion Funding.--Section \n1620(c)(3)(B)(i) of the Pork Promotion, Research, and Consumer \nInformation Act of 1985 (7 U.S.C. 4809(c)(3)(B)(i)) is amended by \ninserting before the semicolon the following: ``, including grants \nawarded under section 1672A of the Food, Agriculture, Conservation, and \nTrade Act of 1990''.\n\nSEC. 6. ELIGIBILITY OF ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL \n TECHNOLOGIES UNDER EQIP.\n\n For purposes of section 1240A(4) of the Food Security Act of 1985 \n(16 U.S.C. 3839aa-1(4)), the installation and maintenance on a swine \nfarm of a swine waste disposal technology certified under section 3(c) \nof this Act shall be considered an improvement to eligible land of a \nproducer that is consistent with the purposes of the environmental \nquality incentives program established under chapter 4 of subtitle D of \ntitle XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-1 et \nseq.).\n\nSEC. 7. SWINE WASTE DISPOSAL CREDITS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new sections:\n\n``SECTION 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTALLATION CREDIT.\n\n ``(a) Allowance of Credit.--For purposes of section 38, the swine \nwaste disposal technology installation credit determined under this \nsection with respect to a taxpayer for any taxable year is an amount \nequal to the sum of--\n ``(1) 4 percent of the qualified installation costs paid or \n incurred by the taxpayer during the taxable year, and\n ``(2) 4 percent of such costs paid or incurred by the \n taxpayer during any of the prior four taxable years.\n ``(b) Qualified Installation Cost.--For purposes of this section, \nthe term `qualified installation cost' means, with respect to a \ntaxpayer, amounts which are paid or incurred in the ordinary course of \nthe taxpayer's trade or business to install certified swine waste \ndisposal technology.\n ``(c) Certified Swine Waste Disposal Technology.--The term \n`certified swine waste disposal technology' means environmentally \nsustainable technology certified under section 3(c) of the Swine Waste \nInfrastructure and Natural Environment Act.\n\n``SEC. 45T. SWINE WASTE DISPOSAL CREDIT.\n\n ``(a) In General.--For purposes of section 38, the swine waste \ndisposal credit determined under this section with respect to taxpayer \nfor any taxable year is an amount equal to $100 for each 1,000 pounds \nof steady state live weight of swine waste disposed of in the ordinary \ncourse of the taxpayer's trade or business using certified swine waste \ndisposal technology (as such term is defined in section 45S) by the \ntaxpayer during the taxable year.\n ``(b) Maximum Credit.--\n ``(1) In general.--The aggregate credit determined under \n subsection (a) for any taxable year with respect to any \n taxpayer shall not exceed the qualified costs of the taxpayer \n for such taxable year.\n ``(2) Qualified costs defined.--For purposes of this \n section, the term `qualified costs' means costs paid or \n incurred by a taxpayer to maintain or operate certified swine \n waste disposal technology.''.\n (b) Treatment as General Business Credit.--Subsection (b) of \nsection 38 of such Code is amended by striking ``plus'' at the end of \nparagraph (35), by striking the period at the end of paragraph (36) and \ninserting a comma, and by adding at the end the following new \nparagraphs:\n ``(37) the swine waste disposal technology installation \n credit determined under section 45S(a), plus\n ``(38) the swine waste disposal credit determined under \n section 45T(a).''.\n (c) Deduction for Unused Credit.--Subsection (c) of section 196 of \nsuch Code is amended by striking ``and'' at the end of paragraph (13), \nby striking the period at the end of paragraph (14) and inserting a \ncomma, and by adding at the end the following new paragraphs:\n ``(15) the swine waste disposal technology installation \n credit determined under section 45S(a), and\n ``(16) the swine waste disposal credit determined under \n section 45T(a).''.\n (d) Deduction Against AMT.--Subparagraph (B) of section 38(c)(4) of \nsuch Code is amended by striking ``and'' at the end of clause (viii), \nby striking the period at the end of clause (ix) and inserting a comma, \nand by adding at the end the following new clauses:\n ``(x) the credit determined under section \n 45S, and\n ``(xi) the credit determined under section \n 45T.''.\n (e) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the such Code is amended by \nadding at the end the following new items:\n\n``Sec. 45S. Swine waste disposal technology installation credit.\n``Sec. 45T. Swine waste disposal credit.''.\n (f) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred and swine waste disposed of after \nDecember 31, 2017.\n\nSEC. 8. SWINE FARM DEFINED.\n\n In this Act, the term ``swine farm'' means a tract of land devoted \nto raising 250 or more animals of the porcine species.","summary":"Swine Waste Infrastructure and Natural Environment Act or the SWINE Act This bill establishes a program to certify environmentally sustainable swine waste disposal technologies and authorizes related tax credits and grants. The Department of Agriculture (USDA) must certify technologies that: eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff, substantially eliminate atmospheric emissions of ammonia from swine waste. Substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located. Substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste. Substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste. And are cost-effective. States may not issue permits, pursuant to any federal law, to a swine farm that is a concentrated animal feeding operation unless the farm disposes of swine waste using a certified technology. The bill amends several agricultural laws to: require USDA to make competitive grants for activities to identify, evaluate, and demonstrate environmentally superior swine waste management technologies. Permit the Pork Promotion Board to use its funding for activities related to the grants. And make the installation and maintenance of a certified technology on a swine farm eligible for the Environmental Quality Incentives Program. The bill amends the Internal Revenue Code to allow tax credits for: (1) the installation of a certified swine waste disposal technology, and (2) the disposal of swine waste using certified technology.","title":"SWINE Act","text_len":17442,"sum_len":1712} {"bill_id":"103_s1891","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Welfare and Medicaid Responsibility \nExchange Act of 1994''.\n\nSEC. 2. EXCHANGE OF FINANCIAL RESPONSIBILITIES FOR CERTAIN WELFARE \n PROGRAMS AND THE MEDICAID PROGRAM.\n\n (a) In General.--In exchange for the Federal funds received by a \nState under section 3 for fiscal years 1996, 1997, 1998, 1999, and 2000 \nsuch State shall provide cash and non-cash assistance to low income \nindividuals in accordance with subsection (b).\n (b) Requirement To Provide a Certain Level of Low Income \nAssistance.--\n (1) In general.--The amount of cash and non-cash assistance \n provided to low income individuals by a State for any quarter \n during fiscal years 1996, 1997, 1998, 1999, and 2000 shall not \n be less than the sum of--\n (A) the amount determined under paragraph (2); and\n (B) the amount determined under paragraph (3).\n (2) Maintenance of effort with respect to federal programs \n terminated.--\n (A) Quarter beginning october 1, 1995.--The amount \n determined under this paragraph for the quarter \n beginning October 1, 1995, is an amount equal to the \n sum of--\n (i) one-quarter of the base expenditures \n determined under subparagraph (C) for the \n State,\n (ii) the product of the amount determined \n under clause (i) and the estimated increase in \n the consumer price index (for all urban \n consumers, United States city average) for the \n preceding quarter, and\n (iii) the amount that the Federal \n Government and the State would have expended in \n the State in the quarter under the programs \n terminated under section 4 solely by reason of \n the increase in recipients which the Secretary \n of Health and Human Services and the Secretary \n of Agriculture estimate would have occurred if \n such programs had not been terminated.\n (B) Succeeding quarters.--The amount determined \n under this paragraph for any quarter beginning on or \n after January 1, 1996, is an amount equal to the sum \n of--\n (i) the amount expended by the State under \n subsection (a) in the preceding quarter,\n (ii) the product of the amount determined \n under clause (i) and the estimated increase in \n the consumer price index (for all urban \n consumers, United States city average) for the \n preceding quarter, and\n (iii) the amount that the Federal \n Government and the State would have expended in \n the State in the quarter under the programs \n terminated under section 4 solely by reason of \n the increase in recipients which the Secretary \n of Health and Human Services and the Secretary \n of Agriculture estimate would have occurred if \n such programs had not been terminated.\n (C) Determination of base amount.--The Secretary of \n Health and Human Services, in cooperation with the \n Secretary of Agriculture, shall calculate for each \n State an amount equal to the total Federal and State \n expenditures for administering and providing--\n (i) aid to families with dependent children \n under a State plan under title IV of the Social \n Security Act (42 U.S.C. 601 et seq.),\n (ii) benefits under the food stamp program \n under the Food Stamp Act of 1977 (7 U.S.C. 2011 \n et seq.), including benefits provided under \n section 19 of such Act (7 U.S.C. 2028), and\n (iii) benefits under the special \n supplemental program for women, infants, and \n children established under section 17 of the \n Child Nutrition Act of 1966 (42 U.S.C. 1786),\n for the State during the 12-month period beginning on \n July 1, 1994.\n (3) Maintenance of effort with respect to state programs.--\n The amount determined under this paragraph for a quarter is the \n amount of State expenditures for such quarter required to \n maintain State programs providing cash and non-cash assistance \n to low income individuals as such programs were in effect \n during the 12-month period beginning on July 1, 1994.\n\nSEC. 3. PAYMENTS TO STATES.\n\n (a) In General.--The Secretary of Health and Human Services shall \nmake quarterly payments to each State during fiscal years 1996, 1997, \n1998, 1999, and 2000 in an amount equal to one-quarter of the amount \ndetermined under subsection (b) for the applicable fiscal year and such \namount shall be used for the purposes described in subsection (c).\n (b) Payment Equivalent to Federal Welfare Savings.--\n (1) In general.--The amount available to be paid to a State \n for a fiscal year shall be an amount equal to the amount \n calculated under paragraph (2) for the State.\n (2) Amounts available.--\n (A) Fiscal year 1996.--In fiscal year 1996, the \n amount available under this subsection for a State is \n equal to the sum of--\n (i) the base amount determined under \n paragraph (3) for the State,\n (ii) the product of the amount determined \n under clause (i) and the increase in the \n consumer price index (for all urban consumers, \n United States city average) for the 12-month \n period described in paragraph (3), and\n (iii) the amount that the Federal \n Government and the State would have expended in \n the State in fiscal year 1996 under the \n programs terminated under section 4 solely by \n reason of the increase in recipients which the \n Secretary of Health and Human Services and the \n Secretary of Agriculture estimate would have \n occurred if such programs had not been \n terminated.\n (B) Succeeding fiscal years.--In any succeeding \n fiscal year, the amount available under this subsection \n for a State is equal to the sum of--\n (i) the amount determined under this \n paragraph for the State in the previous fiscal \n year,\n (ii) the product of the amount determined \n under clause (i) and the estimated increase in \n the consumer price index (for all urban \n consumers, United States city average) during \n the previous fiscal year, and\n (iii) the amount that the Federal \n Government and the State would have expended in \n the State in the fiscal year under the programs \n terminated under section 4 solely by reason of \n the increase in recipients which the Secretary \n of Health and Human Services and the Secretary \n of Agriculture estimate would have occurred if \n such programs had not been terminated.\n (3) Determination of base amount.--The Secretary of Health \n and Human Services, in cooperation with the Secretary of \n Agriculture, shall calculate the amount that the Federal \n Government expended for administering and providing--\n (A) aid to families with dependent children under a \n State plan under title IV of the Social Security Act \n (42 U.S.C. 601 et seq.),\n (B) benefits under the food stamp program under the \n Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), \n including benefits provided under section 19 of such \n Act (7 U.S.C. 2028), and\n (C) benefits under the special supplemental program \n for women, infants, and children established under \n section 17 of the Child Nutrition Act of 1966 (42 \n U.S.C. 1786),\n in each State during the 12-month period beginning on July 1, \n 1994.\n (c) Purposes for Which Amounts May Be Expended.--\n (1) Medicaid program.--\n (A) In general.--Notwithstanding any other \n provision of law, during fiscal years 1996, 1997, 1998, \n 1999, and 2000 a State shall--\n (i) except as provided in subparagraph (B), \n provide medical assistance under title XIX of \n the Social Security Act in accordance with the \n terms of the State's plan in effect on January \n 1, 1994, and\n (ii) use the funds it receives under this \n section toward the State's financial \n participation for expenditures made under the \n plan.\n (B) Changes in eligibility during fiscal years \n 1998, 1999, and 2000.--During fiscal years 1998, 1999, \n and 2000, a State may change State plan requirements \n relating to eligibility for medical assistance under \n title XIX of the Social Security Act if the aggregate \n expenditures under such State plan for the fiscal year \n do not exceed the amount that would have been spent if \n a State plan described in subparagraph (A)(i) had been \n in effect during such fiscal year.\n (C) Waiver of requirements.--The Secretary of \n Health and Human Services may grant a waiver of the \n requirements under subparagraphs (A)(i) and (B) if a \n State makes an adequate showing of need in a waiver \n application submitted in such manner as the Secretary \n determines appropriate.\n (2) Excess.--A State that receives funds under this section \n that are in excess of the State's financial participation for \n expenditures made under the State plan for medical assistance \n under title XIX of the Social Security Act shall use such \n excess funds to provide cash and non-cash assistance for low \n income families.\n (d) Denial of Payments for Failure To Maintain Effort.--No payment \nshall be made under subsection (a) for a quarter if a State fails to \ncomply with the requirements of section 2(b) for the preceding quarter.\n (e) Entitlement.--This section constitutes budget authority in \nadvance of appropriations Acts, and represents the obligation of the \nFederal Government to provide the payments described in subsection (a).\n\nSEC. 4. TERMINATION OF CERTAIN FEDERAL WELFARE PROGRAMS.\n\n (a) Termination.--\n (1) AFDC.--Part A of title IV of the Social Security Act \n (42 U.S.C. 601 et seq.) is amended by adding at the end the \n following new section:\n\n ``termination of authority\n\n ``Sec. 418. The authority provided by this part shall terminate on \nOctober 1, 1995.''.\n (2) JOBS.--Part F of title IV of the Social Security Act \n (42 U.S.C. 681 et seq.) is amended by adding at the end the \n following new section:\n\n ``termination of authority\n\n ``Sec. 488. The authority provided by this part shall terminate on \nOctober 1, 1995.''.\n (3) Special supplemental food program for women, infants, \n and children (WIC).--Section 17 of the Child Nutrition Act of \n 1966 (42 U.S.C. 1786) is amended by adding at the end the \n following new subsection:\n ``(q) The authority provided by this section shall terminate on \nOctober 1, 1995.''.\n (4) Food stamp program.--The Food Stamp Act of 1977 (7 \n U.S.C. 2011 et seq.) is amended by adding at the end the \n following new section:\n\n``SEC. 24. TERMINATION OF AUTHORITY.\n\n ``The authority provided by this Act shall terminate on October 1, \n1995.''.\n (b) References in Other Laws.--\n (1) In general.--Any reference in any law, regulation, \n document, paper, or other record of the United States to any \n provision that has been terminated by reason of the amendments \n made in subsection (a) shall, unless the context otherwise \n requires, be considered to be a reference to such provision, as \n in effect immediately before the date of the enactment of this \n Act.\n (2) State plans.--Any reference in any law, regulation, \n document, paper, or other record of the United States to a \n State plan that has been terminated by reason of the amendments \n made in subsection (a), shall, unless the context otherwise \n requires, be considered to be a reference to such plan as in \n effect immediately before the date of the enactment of this \n Act.\n\nSEC. 5. FEDERALIZATION OF THE MEDICAID PROGRAM.\n\n Beginning on October 1, 2000--\n (1) each State with a State plan approved under title XIX \n of the Social Security Act shall be relieved of administrative \n or financial responsibility for the medicaid program under such \n title of such Act,\n (2) the Secretary of Health and Human Services shall assume \n such responsibilities and continue to conduct such program in a \n State in any manner determined appropriate by the Secretary \n that is in accordance with the provisions of title XIX of the \n Social Security Act, and\n (3) all expenditures for the program as conducted by the \n Secretary shall be paid by Federal funds.\n\nSEC. 6. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR TECHNICAL \n AND CONFORMING AMENDMENTS.\n\n The Secretary of Health and Human Services shall, within 90 days \nafter the date of enactment of this Act, submit to the appropriate \ncommittees of Congress, a legislative proposal providing for such \ntechnical and conforming amendments in the law as are required by the \nprovisions of this Act.","summary":"Welfare and Medicaid Responsibility Exchange Act of 1994 - Provides for the termination of AFDC , JOBS , WIC , and food stamp programs after FY 1995, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such assistance paid for out of a reduction in the State's share of Medicaid funding equivalent to the Federal welfare savings. Federalizes the Medicaid program after FY 2000, relieving States of their administrative or financial responsibility for it.","title":"Welfare and Medicaid Responsibility Exchange Act of 1994","text_len":15427,"sum_len":515} {"bill_id":"111_hr5118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flint Hills Preservation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Flint Hills Region of Kansas and Oklahoma contains \n the world's largest share of the remaining tallgrass prairie, \n and is the only place where that habitat is in landscape \n proportions. Only 4 percent of North America's presettlement \n tallgrass prairie survives to this day, and 80 percent is \n located in Kansas.\n (2) The Flint Hills Region is also home to certain \n declining avian species such as the greater prairie chicken and \n Henslow's sparrow that cannot continue to exist without large \n expanses of native tallgrass prairie in an original state. \n Further, it is a significant corridor for migrating shorebirds \n such as the American golden plover, the buff-breasted sand-\n piper, and the upland sandpiper.\n (3) Beginning in the mid-19th century, cattlemen understood \n that the richness of the Flint Hills grasses depended on a good \n spring burn--something they learned from the Native Americans. \n Fire still thrives in the Flint Hills because the ranchers, and \n others using the land, know that the natural ecosystem depends \n on fire.\n (4) Ranchers, landowners, and conservation groups use \n prescribed burns to mimic the seasonal fires that have shaped \n the tallgrass prairie for thousands of years. Areas not burned \n for several years develop mature grasses and thicker, thatch-\n like vegetation, which habitat is preferred by invasive \n species.\n (5) The Flint Hills Region is one of the few places in the \n United States where the prevailing agricultural system works \n essentially in tandem with an ancestral native ecosystem, \n preserving most of its complexity and the dynamic processes \n that helped shape it.\n (6) Due to the uniqueness of the Flint Hills tallgrass \n prairie and the historic manner in which the tallgrass prairie \n has been managed by fire, existing prescribed burn practices \n should be allowed to continue and ambient air data resulting \n from fires used to manage the Flint Hills tallgrass prairie \n should be not be included in determinations of compliance with \n the Clean Air Act.\n\nSEC. 3. PRESCRIBED FIRES.\n\n The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting \nafter section 329 the following:\n\n``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION.\n\n ``(a) In General.--In determining whether, with respect to a \nspecific air pollutant, an exceedance or violation of a national \nambient air quality standard has occurred for purposes of this Act, a \nState and the Administrator shall exclude data from a particular air \nquality monitoring location if emissions from one or more prescribed \nfires in the Flint Hills Region cause a concentration of the air \npollutant at the location to be in excess of the standard.\n ``(b) Specific Limitations.--If emissions data is excluded under \nsubsection (a) from a particular air quality monitoring station because \nof emissions from one or more prescribed fires in the Flint Hills \nRegion--\n ``(1) the Administrator shall not, as a result of such \n emissions, find under section 113 that a State has failed to \n enforce, or that a person has violated, a State implementation \n plan (for national primary or secondary ambient air quality \n standards) under section 110; and\n ``(2) a State shall not, as a result of such emissions, \n find that a person has violated, or bring an enforcement action \n for violation of, a State implementation plan (for national \n primary or secondary ambient air quality standards) under \n section 110.\n ``(c) Prohibition Against Smoke Management Plans.--The \nAdministrator shall not require, and a State shall not adopt, a smoke \nmanagement plan under this Act in connection with any prescribed fire \nin the Flint Hills Region.\n ``(d) Not a Stationary Source.--No building, structure, facility, \nor installation may be treated as a stationary source under section 111 \nas a result of one or more prescribed fires in the Flint Hills Region.\n ``(e) No Title V Permit Required.--No person shall be required to \nobtain or modify a permit under title V in connection with a prescribed \nfire in the Flint Hills Region.\n ``(f) Definition.--In this section:\n ``(1) The term `Flint Hills Region'--\n ``(A) means the band of hills in eastern Kansas \n that stretch into north-central Oklahoma; and\n ``(B) includes--\n ``(i) Butler, Chase, Chautauqua, Clay, \n Cowley, Dickinson, Elk, Geary, Greenwood, \n Harvey, Jackson, Lyon, Marion, Marshall, \n Morris, Ottawa, Pottawatomie, Riley, Saline, \n Shawnee, Wabaunsee, Washington, and Woodson \n Counties in Kansas; and\n ``(ii) Osage, Tulsa, and Washington \n counties in Oklahoma.\n ``(2) The term `prescribed fire' means a fire that is set \n or managed by a person with the goal of enhancing a fire-\n dependent ecosystem or enhancing the productivity of \n agricultural grazing land, irrespective of the frequency with \n which the burn occurs.''.","summary":"Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions. Or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions. Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region. And (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires. Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire.","title":"To amend the Clean Air Act to require the exclusion of data of an exceedance or violation of a national ambient air quality standard caused by a prescribed fire in the Flint Hills Region, and for other purposes.","text_len":5661,"sum_len":1470} {"bill_id":"114_hr5000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employee Free Choice Act of 2016''.\n\nSEC. 2. STREAMLINING UNION CERTIFICATION.\n\n (a) In General.--Section 9(c) of the National Labor Relations Act \n(29 U.S.C. 159(c)) is amended by adding at the end the following:\n ``(6) Notwithstanding any other provision of this section, whenever \na petition shall have been filed by an employee or group of employees \nor any individual or labor organization acting in their behalf alleging \nthat a majority of employees in a unit appropriate for the purposes of \ncollective bargaining wish to be represented by an individual or labor \norganization for such purposes, the Board shall investigate the \npetition. If the Board finds that a majority of the employees in a unit \nappropriate for bargaining has signed valid authorizations designating \nthe individual or labor organization specified in the petition as their \nbargaining representative and that no other individual or labor \norganization is currently certified or recognized as the exclusive \nrepresentative of any of the employees in the unit, the Board shall not \ndirect an election but shall certify the individual or labor \norganization as the representative described in subsection (a).\n ``(7) The Board shall develop guidelines and procedures for the \ndesignation by employees of a bargaining representative in the manner \ndescribed in paragraph (6). Such guidelines and procedures shall \ninclude--\n ``(A) model collective bargaining authorization language \n that may be used for purposes of making the designations \n described in paragraph (6); and\n ``(B) procedures to be used by the Board to establish the \n validity of signed authorizations designating bargaining \n representatives.''.\n (b) Conforming Amendments.--\n (1) National labor relations board.--Section 3(b) of the \n National Labor Relations Act (29 U.S.C. 153(b)) is amended, in \n the second sentence--\n (A) by striking ``and to'' and inserting ``to''; \n and\n (B) by striking ``and certify the results \n thereof,'' and inserting ``, and to issue \n certifications as provided for in that section,''.\n (2) Unfair labor practices.--Section 8(b) of the National \n Labor Relations Act (29 U.S.C. 158(b)) is amended--\n (A) in paragraph (7)(B) by striking ``, or'' and \n inserting ``or a petition has been filed under section \n 9(c)(6), or''; and\n (B) in paragraph (7)(C) by striking ``when such a \n petition has been filed'' and inserting ``when such a \n petition other than a petition under section 9(c)(6) \n has been filed''.\n\nSEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.\n\n Section 8 of the National Labor Relations Act (29 U.S.C. 158) is \namended by adding at the end the following:\n ``(h) Whenever collective bargaining is for the purpose of \nestablishing an initial agreement following certification or \nrecognition, the provisions of subsection (d) shall be modified as \nfollows:\n ``(1) Not later than 10 days after receiving a written \n request for collective bargaining from an individual or labor \n organization that has been newly organized or certified as a \n representative as defined in section 9(a), or within such \n further period as the parties agree upon, the parties shall \n meet and commence to bargain collectively and shall make every \n reasonable effort to conclude and sign a collective bargaining \n agreement.\n ``(2) If after the expiration of the 90-day period \n beginning on the date on which bargaining is commenced, or such \n additional period as the parties may agree upon, the parties \n have failed to reach an agreement, either party may notify the \n Federal Mediation and Conciliation Service of the existence of \n a dispute and request mediation. Whenever such a request is \n received, it shall be the duty of the Service promptly to put \n itself in communication with the parties and to use its best \n efforts, by mediation and conciliation, to bring them to \n agreement.\n ``(3) If after the expiration of the 30-day period \n beginning on the date on which the request for mediation is \n made under paragraph (2), or such additional period as the \n parties may agree upon, the Service is not able to bring the \n parties to agreement by conciliation, the Service shall refer \n the dispute to an arbitration board established in accordance \n with such regulations as may be prescribed by the Service. The \n arbitration panel shall render a decision settling the dispute \n and such decision shall be binding upon the parties for a \n period of 2 years, unless amended during such period by written \n consent of the parties.''.\n\nSEC. 4. STRENGTHENING ENFORCEMENT.\n\n (a) Injunctions Against Unfair Labor Practices During Organizing \nDrives.--\n (1) In general.--Section 10(l) of the National Labor \n Relations Act (29 U.S.C. 160(l)) is amended--\n (A) in the second sentence, by striking ``If, after \n such'' and inserting the following:\n ``(2) If, after such''; and\n (B) by striking the first sentence and inserting \n the following:\n ``(1) Whenever it is charged--\n ``(A) that any employer--\n ``(i) discharged or otherwise discriminated against \n an employee in violation of subsection (a)(3) of \n section 8;\n ``(ii) threatened to discharge or to otherwise \n discriminate against an employee in violation of \n subsection (a)(1) of section 8; or\n ``(iii) engaged in any other unfair labor practice \n within the meaning of subsection (a)(1) that \n significantly interferes with, restrains, or coerces \n employees in the exercise of the rights guaranteed in \n section 7;\n while employees of that employer were seeking representation by \n a labor organization or during the period after a labor \n organization was recognized as a representative defined in \n section 9(a) until the first collective bargaining contract is \n entered into between the employer and the representative; or\n ``(B) that any person has engaged in an unfair labor \n practice within the meaning of subparagraph (A), (B), or (C) of \n section 8(b)(4), section 8(e), or section 8(b)(7);\nthe preliminary investigation of such charge shall be made forthwith \nand given priority over all other cases except cases of like character \nin the office where it is filed or to which it is referred.''.\n (2) Conforming amendment.--Section 10(m) of the National \n Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting \n ``under circumstances not subject to section 10(l)'' after \n ``section 8''.\n (b) Remedies for Violations.--\n (1) Backpay.--Section 10(c) of the National Labor Relations \n Act (29 U.S.C. 160(c)) is amended by striking ``And provided \n further,'' and inserting ``Provided further, That if the Board \n finds that an employer has discriminated against an employee in \n violation of subsection (a)(3) of section 8 while employees of \n the employer were seeking representation by a labor \n organization, or during the period after a labor organization \n was recognized as a representative defined in subsection (a) of \n section 9 until the first collective bargaining contract was \n entered into between the employer and the representative, the \n Board in such order shall award the employee back pay and, in \n addition, 2 times that amount as liquidated damages: Provided \n further,''.\n (2) Civil penalties.--Section 12 of the National Labor \n Relations Act (29 U.S.C. 162) is amended--\n (A) by striking ``Any'' and inserting ``(a) Any''; \n and\n (B) by adding at the end the following:\n ``(b) Any employer who willfully or repeatedly commits any unfair \nlabor practice within the meaning of subsection (a)(1) or (a)(3) of \nsection 8 while employees of the employer are seeking representation by \na labor organization or during the period after a labor organization \nhas been recognized as a representative defined in subsection (a) of \nsection 9 until the first collective bargaining contract is entered \ninto between the employer and the representative shall, in addition to \nany make-whole remedy ordered, be subject to a civil penalty of not to \nexceed $20,000 for each violation. In determining the amount of any \npenalty under this section, the Board shall consider the gravity of the \nunfair labor practice and the impact of the unfair labor practice on \nthe charging party, on other persons seeking to exercise rights \nguaranteed by this Act, or on the public interest.''.","summary":"Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation.","title":"Employee Free Choice Act of 2016","text_len":9390,"sum_len":2507} {"bill_id":"113_hr1127","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rebuild American Manufacturing Act \nof 2013''.\n\nSEC. 2. NATIONAL MANUFACTURING STRATEGY.\n\n (a) Strategy Required.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the President shall develop a \n comprehensive national manufacturing strategy.\n (2) Biennial revisions.--Not less frequently than once \n every 2 years after the date on which the President completes \n the strategy required by paragraph (1), the President shall \n revise such strategy.\n (b) Goals of Strategy.--The President shall include in the national \nmanufacturing strategy required by subsection (a) short- and long-term \ngoals for United States manufacturing, including goals--\n (1) to increase the aggregate number of manufacturing jobs \n in the United States so that such number is not less than 20 \n percent of the sum of all nonfarm jobs in the United States;\n (2) to identify emerging technologies to strengthen the \n competitiveness of United States manufacturing in the global \n marketplace; and\n (3) to strengthen the manufacturing sectors of the United \n States in which the United States is most competitive in the \n global economy.\n (c) Information Required.--The national manufacturing strategy \nrequired by subsection (a) shall include the following:\n (1) A survey of all persons with headquarters in the United \n States that maintain manufacturing facilities outside of the \n United States to identify--\n (A) the categories of products manufactured at such \n facilities; and\n (B) the number of manufacturing jobs located at \n such facilities.\n (2) A survey of all Federal agencies that provide \n assistance to United States manufacturers, including the \n following:\n (A) The Department of Commerce.\n (B) The Department of Defense.\n (C) The Department of Energy.\n (D) The Department of Labor.\n (E) The Department of the Treasury.\n (F) The Small Business Administration.\n (G) The Office of Management and Budget.\n (H) The Office of Science and Technology Policy.\n (I) The Office of the United States Trade \n Representative.\n (J) The National Science Foundation.\n (K) Such other Federal agencies as the President \n considers appropriate.\n (3) A survey of manufacturing goods produced in the United \n States and where such goods are produced.\n (4) The number of people in the United States employed by \n manufacturers operating in the United States.\n (5) An evaluation of the global competitiveness of United \n States manufacturing, including the following:\n (A) A comparison of the manufacturing policies and \n strategies of the United States with the policies and \n strategies of other countries, including the countries \n that are the top 5 trading partners of the United \n States.\n (B) A comparison of the productivity of each sector \n of the manufacturing industry in the United States with \n comparable sectors of manufacturing industries in other \n countries.\n (d) Recommendations.--The President shall include in the national \nmanufacturing strategy required by subsection (a) recommendations for \nachieving the goals included in the strategy pursuant to subsection \n(b). Such recommendations may include proposals as follows:\n (1) Actions to be taken by the President, Congress, State, \n local, and territorial governments, the private sector, \n universities, industry associations, and other stakeholders.\n (2) Ways to improve Government policies, coordination among \n entities developing such policies, and Government interaction \n with the manufacturing sector, including interagency \n communications regarding the effects of proposed or active \n Government regulations or other executive actions on the United \n States manufacturing sector and its workforce.\n (3) How each Federal agency surveyed under subsection \n (c)(2) can best support the national manufacturing strategy \n required by subsection (a).\n (4) Adoption of strategies that have been implemented by \n other countries and proven successful.\n (e) Submittal of Strategy.--Not later than 180 days after the date \nof the enactment of this Act and each time the President revises under \nparagraph (2) of subsection (a) the strategy required by paragraph (1) \nof such subsection, the President shall submit to Congress such \nstrategy.","summary":"Rebuild American Manufacturing Act of 2013 - Directs the President to develop a comprehensive national manufacturing strategy. Requires to be included in such strategy: (1) short- and long-term goals for US manufacturing, (2) a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside the United States, (3) a survey of all federal agencies that provide assistance to US manufacturers, (4) a survey of manufacturing goods produced in the United States and where such goods are produced, (5) the number of people in the United States employed by manufacturers operating in the United States, and (6) an evaluation of the global competitiveness of US manufacturing. Directs the President to: (1) include in such strategy recommendations for achieving its goals, and (2) report to Congress on such strategy and any revisions thereto.","title":"Rebuild American Manufacturing Act of 2013","text_len":5101,"sum_len":881} {"bill_id":"106_s2827","text":"SECTION 1. CONVEYANCE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS \n MEDICAL CENTER, COLORADO, TO THE STATE OF COLORADO.\n\n (a) Conveyance Authorized.--Notwithstanding any other provision of \nlaw and subject to the provisions of this section, the Secretary of \nVeterans Affairs may convey, without consideration, to the State of \nColorado all right, title, and interest of the United States in and to \na parcel of real property, including improvements thereon other than \nKit Carson Chapel, consisting of approximately 512 acres and comprising \nthe location of the Ft. Lyon Department of Veterans Affairs Medical \nCenter. The purpose of the conveyance is to permit the State of \nColorado to utilize the property for purposes of a correctional \nfacility.\n (b) Public Access.--(1) The Secretary may not make the conveyance \nof real property authorized by subsection (a) unless the State of \nColorado agrees to provide appropriate public access to Kit Carson \nChapel and the cemetery located on the real property.\n (2) The State of Colorado may satisfy the condition specified in \nparagraph (1) with respect to Kit Carson Chapel by relocating the \nchapel to Fort Lyon National Cemetery, Colorado, or another appropriate \nlocation jointly selected by the Secretary and the State of Colorado.\n (c) Replacement Facilities.--The Secretary may not make the \nconveyance authorized by subsection (a) until the date on which the \nSecretary opens not less than three health care facilities, and a \nnursing home care facility, in Veterans Integrated Service Network \n(VISN) 19, which shall serve as replacement facilities for the Ft. Lyon \nDepartment of Veterans Affairs Medical Center.\n (d) Environmental Restoration.--The Secretary may not make the \nconveyance authorized by subsection (a) until the Secretary completes \nthe evaluation and performance of any environmental restoration \nactivities required by the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and \nby any other provision of law.\n (e) Personal Property.--As part of the conveyance authorized by \nsubsection (a), the Secretary may convey, without consideration, to the \nState of Colorado any furniture, fixtures, equipment, and other \npersonal property associated with the property conveyed under that \nsubsection that the Secretary determines is not required for purposes \nof the Department of Veterans Affairs health care facilities to be \nestablished by the Secretary in southern Colorado or for purposes of \nFt. Lyon National Cemetery.\n (f) Legal Description.--The exact acreage and legal description of \nthe real property to be conveyed under subsection (a), and of any \nfixtures and other personal property conveyed under subsection (e), \nshall be determined by a survey, and by such other methods, as are \nsatisfactory to the Secretary. Any costs associated with activities \nunder this subsection shall be borne by the State of Colorado.\n (g) Additional Terms and Conditions.--The Secretary may require \nsuch other terms and conditions in connection with the conveyances \nauthorized by subsections (a) and (e) as the Secretary considers \nappropriate to protect the interests of the United States.\n\nSEC. 2. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS \n MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR \n VETERANS.\n\n (a) Payment for Nursing Home Care.--Notwithstanding any limitation \nunder section 1720 or 1741 of title 38, United States Code, the \nSecretary of Veterans Affairs may pay the State of Colorado, or any \nprivate nursing home care facility, for costs incurred in providing \nnursing home care to any veteran who is relocated from the Ft. Lyon \nDepartment of Veterans Affairs Medical Center, Colorado, to the State \nof Colorado or such private facility, as the case may be, as a result \nof the closure of the Ft. Lyon Department of Veterans Affairs Medical \nCenter.\n (b) Obligation To Provide Extended Care Services.--Nothing in this \nAct may be construed to alter or otherwise effect the obligation of the \nSecretary to meet the requirements of section 1710B(b) of title 38, \nUnited States Code, relating to staffing and levels of extended care \nservices in fiscal years after fiscal year 1998.\n (c) Extension of Voluntary Early Retirement Authority.--\nNotwithstanding section 1109(a) of the Department of Veterans Affairs \nEmployment Reduction Assistance Act of 1999 (title XI of Public Law \n106-117; 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay \nvoluntary separation incentive payments under that Act to employees of \nthe Ft. Lyon Department of Veterans Affairs Medical Center shall apply \nto eligible employees (as defined by section 1110 of that Act) at the \nFt. Lyon Department of Veterans Affairs Medical Center whose separation \noccurs before June 30, 2001.\n (d) Report on Veterans Health Care in Southern Colorado.--Not later \nthan one year after the conveyance, if any, authorized by section 1, \nthe Under Secretary for Health of the Department of Veterans Affairs, \nacting through the Director of Veterans Integrated Service Network \n(VISN) 19, shall submit to the Committees on Veterans' Affairs of the \nSenate and the House of Representatives a report on the status of the \nhealth care system for veterans under the Network in the Southern \nColorado. The report shall describe any improvements to the system in \nSouthern Colorado that have been put into effect in the period \nbeginning on the date of the conveyance and ending on the date of the \nreport.","summary":"Prohibits the Secretary from making the conveyance unless the State agrees to provide public access to the Chapel and the cemetery located on such property. Permits the State to satisfy such condition respecting the chapel by relocating it to Ft. Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State. Prohibits the Secretary from making the conveyance until: (1) the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Medical Center. And (2) the Secretary completes required environmental restoration activities. Authorizes the Secretary to pay the State or any private nursing home care facility for costs incurred in providing nursing home care to any veteran who is relocated from the Medical Center as a result of the Medical Center's closure. States that the authority to pay voluntary separation incentive payments under the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 to employees of the Medical Center shall apply to eligible employees whose separation occurs before June 30, 2001. Requires the Under Secretary for Health of the Department, acting through the Director of VISN 19, not later than one year after the conveyance, to submit to congressional veterans affairs committees a report on the status of the health care system for veterans under VISN in southern Colorado describing any improvements to such system in southern Colorado that have been put into effect since the date of such conveyance.","title":"A bill to provide for the conveyance of the Department of Veterans Affairs Medical Center at Ft. Lyon, Colorado, to the State of Colorado, and for other purposes.","text_len":5601,"sum_len":1668} {"bill_id":"107_hr4913","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global Nuclear Security Initiative \nAct of 2002''.\n\nSEC. 2. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE.\n\n (a) Sense of Congress on Program To Secure Stockpiles of Highly \nEnriched Uranium and Plutonium.--(1) It is the sense of Congress that \nthe Secretary of Energy, in consultation with the Secretary of State \nand Secretary of Defense, should develop a comprehensive program of \nactivities to encourage all countries with nuclear materials to adhere \nto, or to adopt standards equivalent to, the International Atomic \nEnergy Agency standard on The Physical Protection of Nuclear Material \nand Nuclear Facilities (INFCIRC\/225\/Rev.4), relating to the security of \nstockpiles of highly enriched uranium (HEU) and plutonium (Pu).\n (2) To the maximum extent practicable, the program should be \ndeveloped in consultation with the Russian Federation, other Group of 8 \ncountries, and other allies of the United States.\n (3) Activities under the program may include specific, targeted \nincentives intended to encourage countries that cannot undertake the \nexpense of conforming to the standard referred to in paragraph (1) to \nrelinquish their highly enriched uranium or plutonium, including \nincentives in which a country, group of countries, or international \nbody--\n (A) purchases such materials and provides for their \n security (including by removal to another location);\n (B) undertakes the costs of decommissioning facilities that \n house such materials;\n (C) in the case of research reactors, converts such \n reactors to low-enriched uranium reactors; or\n (D) upgrades the security of facilities that house such \n materials in order to meet stringent security standards that \n are established for purposes of the program based upon agreed \n best practices.\n (b) Study of Program To Secure Certain Radiological Materials.--(1) \nThe Secretary of Energy, acting through the Administrator for Nuclear \nSecurity, shall require the Office of International Materials \nProtection, Control, and Accounting of the Department of Energy to \nconduct a study to determine the feasibility and advisability of \ndeveloping a program to secure radiological materials outside the \nUnited States that pose a threat to the national security of the United \nStates.\n (2) The study under paragraph (1) shall include the following:\n (A) An identification of the categories of radiological \n materials that are covered by that paragraph, including an \n order of priority for securing each category of such \n radiological materials.\n (B) An estimate of the number of sites at which such \n radiological materials are present.\n (C) An assessment of the effort required to secure such \n radiological materials at such sites, including--\n (i) a description of the security upgrades, if any, \n that are required at such sites;\n (ii) an assessment of the costs of securing such \n radiological materials at such sites;\n (iii) a description of any cost-sharing \n arrangements to defray such costs;\n (iv) a description of any legal impediments to such \n effort, including a description of means of overcoming \n such impediments; and\n (v) a description of the coordination required for \n such effort among appropriate United States Government \n entities (including the Nuclear Regulatory Commission), \n participating countries, and international bodies \n (including the International Atomic Energy Agency).\n (D) A description of the pilot project undertaken in \n Russia.\n (3) In identifying categories of radiological materials under \nparagraph (2)(A), the Secretary shall take into account matters \nrelating to specific activity, half-life, radiation type and energy, \nattainability, difficulty of handling, and toxicity, and such other \nmatters as the Secretary considers appropriate.\n (4) Not later than one year after the date of the enactment of this \nAct, the Secretary shall submit to Congress a report on the study \nconducted under this subsection. The report shall include the matters \nspecified under paragraph (2) and such other matters, including \nrecommendations, as the Secretary considers appropriate as a result of \nthe study.\n (5) In this subsection, the term ``radiological material'' means \nany radioactive material, other than plutonium or uranium enriched \nabove 20 percent uranium-235.\n (c) Study of Actions To Address Terrorist Threat to Nuclear Power \nPlants Outside the United States.--(1) The Secretary of Energy shall, \nin consultation with the Nuclear Regulatory Commission and the \nInternational Atomic Energy Agency, conduct a study of the feasibility \nand advisability of various actions to reduce the risks associated with \nterrorist attacks on nuclear power plants outside the United States.\n (2) Not later than nine months after the date of the enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nresults of the study under paragraph (1). The report shall include the \nfollowing:\n (A) A description of the actions studied.\n (B) An assessment of the feasibility and advisability of \n undertaking one or more such actions.\n (C) Any other matters, including recommendations, that the \n Secretary considers appropriate.\n (d) Amendment of Convention on Physical Protection of Nuclear \nMaterials.--(1) It is the sense of Congress that the President should \nencourage amendment of the Convention on the Physical Protection of \nNuclear Materials in order to provide that the Convention shall--\n (A) apply to both the domestic and international use and \n transport of nuclear materials;\n (B) incorporate fundamental practices for the physical \n protection of such materials; and\n (C) address protection against sabotage involving nuclear \n materials.\n (2) In this subsection, the term ``Convention on the Physical \nProtection of Nuclear Materials'' means the Convention on the Physical \nProtection of Nuclear Materials, With Annex, done at Vienna on October \n26, 1979.","summary":"Global Nuclear Security Initiative Act of 2002 - Expresses the sense of Congress that the Secretary of Energy should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium. Directs the Secretary to require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study of the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to US national security. Requires the Secretary to report to Congress on: (1) such study's results. And (2) results of a study by the Secretary of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States. Expresses the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to make it: (1) apply to both domestic and international use and transport of nuclear materials. (2) incorporate fundamental practices for the physical protection of such materials, and (3) address protection against sabotage involving nuclear materials.","title":"To encourage and facilitate the security of nuclear materials and facilities worldwide.","text_len":6497,"sum_len":1454} {"bill_id":"109_hr5263","text":"SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT \n PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT \n PENALTY THROUGH DECEMBER 31, 2007.\n\n (a) Extension of Medicare Prescription Drug Initial Enrollment \nPeriods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social \nSecurity Act (42 U.S.C. 1395w-101(b)(1)) is amended--\n (1) in subparagraph (B)(iii), by inserting ``subparagraph \n (D) and'' after ``Subject to''; and\n (2) by adding at the end the following new subparagraph:\n ``(D) Extension of initial enrollment periods.--For \n purposes of subparagraph (B)(iii), in applying section \n 1851(e)(1), with respect to the annual, coordinated election \n period--\n ``(i) for 2006, such period shall begin on November \n 15, 2005, and end on November 14, 2006; and\n ``(ii) for 2007, such period shall begin on \n November 15, 2006, and end on November 14, 2007.''.\n (b) Suspension of Late Enrollment Penalty Through December 31, \n2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w-\n113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after \n``any month''.\n\nSEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS \n ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT.\n\n Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w-\n101(b)(1)) is amended by adding at the end the following new \nsubparagraph:\n ``(D) Open enrollment and disenrollment period for \n first 12 months of enrollment.--In establishing the \n process under subparagraph (A), in the case of a part D \n eligible individual who initially enrolls under section \n 1860D-1(a) in a prescription drug plan on or after the \n date of enactment of this paragraph, the Secretary \n shall permit such individual to change such enrollment \n into another prescription drug plan once at any time \n during the first 12 months of such initial enrollment \n (other than during an annual, coordinated election \n period referred to in section 1860D-\n 1(b)(1)(B)(iii)).''.\n\nSEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES; \n NOTICE OF CHANGE IN FORMULARY.\n\n (a) Limitation on Removal or Change of Covered Part D Drugs From \nthe Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the \nSocial Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read \nas follows:\n ``(E) Removing a drug from formulary or imposing a \n restriction or limitation on coverage.--\n ``(i) Limitation on removal, limitation, or \n restriction.--\n ``(I) In general.--Subject to \n subclause (II) and clause (ii), \n beginning with 2006, the PDP sponsor of \n a prescription drug plan may not remove \n a covered part D drug from the plan \n formulary or impose a restriction or \n limitation on the coverage of such a \n drug (such as through the application \n of a preferred status, usage \n restriction, step therapy, prior \n authorization, or quantity limitation) \n other than at the beginning of each \n plan year except as the Secretary may \n permit to take into account new \n therapeutic uses and newly covered part \n D drugs.\n ``(II) Special rule for newly \n enrolled individuals.--Subject to \n clause (ii), in the case of an \n individual who enrolls in a \n prescription drug plan on or after the \n date of enactment of this subparagraph, \n the PDP sponsor of such plan may not \n remove a covered part D drug from the \n plan formulary or impose a restriction \n or limitation on the coverage of such a \n drug (such as through the application \n of a preferred status, usage \n restriction, step therapy, prior \n authorization, or quantity limitation) \n during the period beginning on the date \n of such enrollment and ending on \n December 31 of the immediately \n succeeding plan year except as the \n Secretary may permit to take into \n account new therapeutic uses and newly \n covered part D drugs.\n ``(ii) Exceptions to limitation on \n removal.--Clause (i) shall not apply with \n respect to a covered part D drug that--\n ``(I) is a brand name drug for \n which there is a generic drug approved \n under section 505(j) of the Food and \n Drug Cosmetic Act (21 U.S.C. 355(j)) \n that is placed on the market during the \n period in which there are limitations \n on removal or change in the formulary \n under subclause (I) or (II) of clause \n (i);\n ``(II) is a brand name drug that \n goes off-patent during such period;\n ``(III) is a drug for which the \n Commissioner of Food and Drugs issues a \n clinical warning that imposes a \n restriction or limitation on the drug \n during such period; or\n ``(IV) has been determined to be \n ineffective during such period.\n ``(iii) Notice of removal under application \n of exception to limitation.--The PDP sponsor of \n a prescription drug plan shall provide \n appropriate notice (such as under subsection \n (a)(3)) of any removal or change under clause \n (ii) to the Secretary, affected enrollees, \n physicians, pharmacies, and pharmacists.''.\n (b) Notice of Change in Formulary and Other Restrictions or \nLimitations on Coverage.--\n (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. \n 1395w-104(a)) is amended by adding at the end the following new \n paragraph:\n ``(5) Annual notice of changes in formulary and other \n restrictions or limitations on coverage.--Each PDP sponsor \n offering a prescription drug plan shall furnish to each \n enrollee at the time of each annual coordinated election period \n (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year \n a notice of any changes in the formulary or other restrictions \n or limitations on coverage of a covered part D drug under the \n plan that will take effect for the plan year.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to annual coordinated election periods beginning \n after the date of the enactment of this Act.","summary":"Amends part D of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit, (2) suspend the late enrollment penalty through December 31, 2007. And (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year.","title":"To amend part D of title XVIII of the Social Security Act to extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit and suspend the late enrollment penalty through December 31, 2007, to permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice.","text_len":8307,"sum_len":966} {"bill_id":"106_hr5429","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Researchers and Farmers Freedom From \nTerrorism Act of 2000''.\n\nSEC. 2. RESEARCHERS AND FARMERS FREEDOM FROM TERRORISM.\n\n Section 1961(1)(B) of title 18, United States Code, is amended by \ninserting ``43 (relating to animal enterprise terrorism), section'' \nafter ``Section''.\n\nSEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.\n\n Section 43 of title 18, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (2), by striking ``intentionally'' \n each place it appears; and\n (B) by striking ``one year'' and inserting ``five \n years';\n (2) in subsection (b)--\n (A) by redesignating paragraph (2) as paragraph \n (3);\n (B) by inserting after paragraph (1) the following \n new paragraph (2):\n ``(2) Explosives or arson.--Whoever in the course of a \n violation of subsection (a) maliciously damages or destroys, or \n attempts to damage or destroy, by means of fire or an \n explosive, any building, vehicle, or other real or personal \n property used by the animal enterprise shall be imprisoned for \n not less than 5 years and not more than 20 years, fined under \n this title, or both.''; and\n (C) in paragraph (3), as so redesignated, by \n striking ``under this title and'' and all that follows \n through the period and inserting ``under this title, \n imprisoned for life or for any term of years, or \n sentenced to death.''; and\n (3) in subsection (d)(1)--\n (A) by striking ``or'' at the end of subparagraph \n (B);\n (B) by inserting ``or'' at the end of subparagraph \n (C); and\n (C) by adding at the end the following:\n ``(D) the offices or headquarters of any enterprise \n or event described in subparagraph (A), (B). or (C);''.\n\nSEC. 4. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT \n CLEARINGHOUSE.\n\n (a) In General.--The Director shall establish and maintain a \nnational clearinghouse for information on incidents of crime and \nterrorism--\n (1) committed against or directed at any animal enterprise;\n (2) committed against or directed at any commercial \n activity because of the perceived impact or effect of such \n commercial activity on the environment; or\n (3) committed against or directed at any person because of \n such person's perceived connection with or support of any \n enterprise or activity described in paragraph (1) or (2).\n (b) Clearinghouse.--The clearinghouse established under subsection \n(a) shall--\n (1) accept, collect, and maintain information on incidents \n described in subsection (a) that is submitted to the \n clearinghouse by Federal, State, and local law enforcement \n agencies, by law enforcement agencies of foreign countries, and \n by victims of such incidents;\n (2) collate and index such information for purposes of \n cross-referencing; and\n (3) upon request from a Federal, State, or local law \n enforcement agency, or from a law enforcement agency of a \n foreign country, provide such information to assist in the \n investigation of an incident described in subsection (a).\n (c) Scope of Information.--The information maintained by the \nclearinghouse for each incident shall, to the extent practicable, \ninclude--\n (1) the date, time, and place of the incident;\n (2) details of the incident;\n (3) any available information on suspects or perpetrators \n of the incident; and\n (4) any other relevant information.\n (d) Design of Clearinghouse.--The clearinghouse shall be designed \nfor maximum ease of use by participating law enforcement agencies.\n (e) Publicity.--The Director shall publicize the existence of the \nclearinghouse to law enforcement agencies by appropriate means.\n (f) Resources.--In establishing and maintaining the clearinghouse, \nthe Director may--\n (1) through the Attorney General, utilize the resources of \n any other department or agency of the Federal Government; and\n (2) accept assistance and information from private \n organizations or individuals.\n (g) Coordination.--The Director shall carry out the Director's \nresponsibilities under this section in cooperation with the Director of \nthe Bureau of Alcohol, Tobacco and Firearms.\n (h) Definitions.--In this section:\n (1) The term ``animal enterprise'' has the same meaning as \n in section 43 of title 18, United States Code.\n (2) The term ``Director'' means the Director of the Federal \n Bureau of Investigation.\n (i) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated for fiscal years 2001, 2002, 2003, 2004, and 2005 such \nsums as are necessary to carry out this section.","summary":"Requires the Director of the Federal Bureau of Investigation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at: (1) any animal enterprise. (2) any commercial activity because of a perceived impact of such activity on the environment. Or (3) any person because of such person's connection with or support of such an enterprise or activity.","title":"Researchers and Farmers Freedom From Terrorism Act of 2000","text_len":5261,"sum_len":424} {"bill_id":"114_hr6197","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting America's Young \nEntrepreneurs Act of 2016''.\n\nSEC. 2. SMALL BUSINESS START-UP EMPLOYEE LOAN DEFERMENT AND \n CANCELLATION.\n\n (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 \n(20 U.S.C. 1087e(f)) is amended--\n (1) in paragraph (1), by striking ``A borrower of a loan'' \n and inserting ``Except as provided in paragraph (5), a borrower \n of a loan''; and\n (2) by adding at the end the following:\n ``(5) No interest deferment eligibility for founders of \n small business start-ups.--A borrower of a loan made under this \n part shall be eligible for a deferment, during which periodic \n installments of principal and interest need not be paid, during \n any period not in excess of 3 years during which the borrower \n is employed as a founder of a small business start-up (as \n defined in subsection (r)(3)).''.\n (b) Loan Cancellation.--Section 455 of the Higher Education Act of \n1965 (20 U.S.C. 1087e) is amended by adding at the end the following:\n ``(r) Loan Cancellation for Certain Small Business Start-Up \nEmployees.--\n ``(1) Founder of a small business start-up in a distressed \n area.--\n ``(A) In general.--The Secretary shall cancel \n $20,000 of the balance of interest and principal due, \n in accordance with subparagraph (B), on any eligible \n Federal Direct Loan not in default for a borrower who--\n ``(i) has made 24 monthly payments on the \n eligible Federal Direct Loan after the date of \n the enactment of this subsection pursuant to \n any one or a combination of payments under a \n repayment plan under subsection (d)(1) or (g);\n ``(ii) has been employed as a founder of a \n small business start-up in a distressed area \n during the period in which the borrower makes \n each of the 24 payments;\n ``(iii) is employed as a founder of a small \n business start-up in a distressed area at the \n time of such cancellation; and\n ``(iv) is approved for loan cancellation by \n the young entrepreneurs business center under \n section 47 of the Small Business Act (16 U.S.C. \n 631 et seq.).\n ``(B) Loan cancellation amount.--\n ``(i) In general.--After the conclusion of \n the employment period described in subparagraph \n (A), the Secretary shall cancel the obligation \n to repay $20,000 of the balance of interest and \n principal due as of the time of such \n cancellation, on the eligible Federal Direct \n Loans made to the borrower under this part.\n ``(ii) Limitation.--A borrower may not \n receive an aggregate amount of more than \n $20,000 under this subparagraph.\n ``(C) Ineligibility for double benefits.--No \n borrower may, for the same service, receive a reduction \n of loan obligations under both this paragraph and--\n ``(i) paragraph (2);\n ``(ii) subsection (m); or\n ``(iii) section 428J, 428K, 428L, or 460.\n ``(2) Employee of a small business start-up.--\n ``(A) In general.--The Secretary shall cancel \n $3,000 of the balance of interest and principal due, in \n accordance with subparagraph (B), on any eligible \n Federal Direct Loan not in default for a borrower who--\n ``(i) has made 12 monthly payments on the \n eligible Federal Direct Loan after the date of \n the enactment of this subsection pursuant to \n any one or a combination of payments under a \n repayment plan under subsection (d)(1) or (g);\n ``(ii) has been employed in a small \n business start-up job during the period in \n which the borrower makes each of the 12 \n payments; and\n ``(iii) is employed in a small business \n start-up job at the time of such cancellation.\n ``(B) Loan cancellation amount.--\n ``(i) In general.--After the conclusion of \n the employment period described in subparagraph \n (A), the Secretary shall cancel the obligation \n to repay $3,000 of the balance of interest and \n principal due as of the time of such \n cancellation, on the eligible Federal Direct \n Loans made to the borrower under this part.\n ``(ii) Limitation.--A borrower may not \n receive an aggregate amount of more than \n $15,000 under this subparagraph.\n ``(C) Ineligibility for double benefits.--No \n borrower may, for the same service, receive a reduction \n of loan obligations under both this paragraph and--\n ``(i) paragraph (1);\n ``(ii) subsection (m); or\n ``(iii) section 428J, 428K, 428L, or 460.\n ``(3) Definitions.--In this subsection:\n ``(A) Distressed area.--The term `distressed area' \n means an area identified under section 47 of the Small \n Business Act (16 U.S.C. 631 et seq.).\n ``(B) Eligible federal direct loan.--The term \n `eligible Federal Direct Loan' means a Federal Direct \n Stafford Loan, Federal Direct PLUS Loan, or Federal \n Direct Unsubsidized Stafford Loan, or a Federal Direct \n Consolidation Loan.\n ``(C) Founder.--The term `founder' shall have the \n meaning given such term by the Administrator of the \n Small Business Administration under this paragraph.\n ``(D) Small business start-up.--The term `small \n business start-up' means a business that is certified \n by the young entrepreneurs business center under \n section 47 of the Small Business Act (16 U.S.C. 631 et \n seq.).\n ``(E) Small business start-up job.--The term `small \n business start-up job' means a full-time job as an \n employee of a small business start-up.''.\n\nSEC. 3. LOAN REFINANCING.\n\n (a) In General.--Part D of title IV of the Higher Education Act of \n1965 is amended by adding at the end the following:\n\n``SEC. 460. FEDERAL DIRECT REFINANCED PRIVATE LOAN PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Eligible private education loan.--The term `eligible \n private education loan' means a private education loan, as \n defined in section 140(a) of the Truth in Lending Act (15 \n U.S.C. 1650(a)), that was for the borrower's own postsecondary \n educational expenses for an eligible program at an institution \n of higher education participating in the loan program under \n this part, as of the date that the loan was disbursed.\n ``(2) Federal direct refinanced private loan.--The term \n `Federal Direct Refinanced Private Loan' means a loan issued \n under subsection (b)(1).\n ``(3) Private educational lender.--The term `private \n educational lender' has the meaning given the term in section \n 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).\n ``(4) Qualified borrower.--The term `qualified borrower' \n means an individual who--\n ``(A) has an eligible private education loan;\n ``(B) has been current on payments on the eligible \n private education loan for the 6 months prior to the \n date of the qualified borrower's application for \n refinancing under this section, and is in good standing \n on the loan at the time of such application;\n ``(C) is not in default on the eligible private \n education loan or on any loan made, insured, or \n guaranteed under this part or part B or E; and\n ``(D) meets the eligibility requirements described \n in subsection (b)(2).\n ``(b) Program Authorized.--\n ``(1) In general.--The Secretary, in consultation with the \n Secretary of the Treasury, shall carry out a program under \n which the Secretary, upon application by a qualified borrower \n who has an eligible private education loan, shall issue such \n borrower a loan under this part in accordance with the \n following:\n ``(A) The loan issued under this program shall be \n in an amount equal to the sum of the unpaid principal, \n accrued unpaid interest, and late charges of the \n private education loan.\n ``(B) The Secretary shall pay the proceeds of the \n loan issued under this program to the private \n educational lender of the private education loan, in \n order to discharge the qualified borrower from any \n remaining obligation to the private educational lender \n with respect to the original private education loan.\n ``(C) The Secretary shall require that the \n qualified borrower undergo loan counseling that \n provides all of the information and counseling required \n under clauses (i) through (viii) of section \n 485(b)(1)(A) before the loan is refinanced in \n accordance with this section, and before the proceeds \n of such loan are paid to the private educational \n lender.\n ``(D) The Secretary shall issue the loan as a \n Federal Direct Refinanced Private Loan, which shall \n have the same terms, conditions, and benefits as a \n Federal Direct Subsidized Loan, except as otherwise \n provided in this section.\n ``(2) Borrower eligibility.--Not later than 180 days after \n the date of the enactment of this section, the Secretary, in \n consultation with the Secretary of the Treasury and the \n Director of the Bureau of Consumer Financial Protection, shall \n establish eligibility requirements--\n ``(A) to ensure eligibility only for qualified \n borrowers in good standing;\n ``(B) to minimize inequities between Federal Direct \n Refinanced Private Loans and other Federal student \n loans;\n ``(C) to preclude windfall profits for private \n educational lenders; and\n ``(D) to ensure full access to the program \n authorized in this subsection for borrowers with \n private loans who otherwise meet the criteria \n established in accordance with subparagraphs (A) and \n (B).\n ``(c) Interest Rate.--\n ``(1) In general.--The interest rate for a Federal Direct \n Refinanced Private Loan is, in the case a private education \n loan originally issued for undergraduate, graduate, or \n professional degree postsecondary educational expenses, a rate \n equal to the rate for Federal Direct Subsidized Stafford Loans \n issued to undergraduate students for the 12-month period \n beginning on July 1, 2016, and ending on June 30, 2017.\n ``(2) Fixed rate.--The applicable rate of interest \n determined under this subsection for a Federal Direct \n Refinanced Private Loan shall be fixed for the period of the \n loan.\n ``(d) Treatment of Loans.--Nothing in this section shall affect the \nability of a borrower to qualify for loan repayment under a repayment \nplan under subsection (d)(1) or (g) of section 455.''.\n (b) Notice of Potential Eligibility.--Section 128(e) of the Truth \nin Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the \nfollowing new paragraph:\n ``(12) Notice required along with billing statements.--\n Along with each billing statement sent to the borrower, the \n private educational lender shall include a statement informing \n the borrower that the borrower may be eligible for the Federal \n Direct Refinanced Private Loan program established under \n section 460 of the Higher Education Act of 1965.''.\n\nSEC. 4. YOUNG ENTREPRENEURS BUSINESS CENTER.\n\n The Small Business Act (15 U.S.C. 631 et seq.) is amended--\n (1) by redesignating section 47 as section 48; and\n (2) by inserting after section 46 the following:\n\n``SEC. 47. YOUNG ENTREPRENEURS BUSINESS CENTER.\n\n ``(a) Establishment.--There is established within the \nAdministration a young entrepreneurs business center that shall, for \npurposes of loan cancellation for start-up employees established under \nsubsection (r) of section 455 of the Higher Education Act of 1965 (20 \nU.S.C. 1087e)--\n ``(1) certify small business start-ups under subsection \n (b);\n ``(2) identify distressed areas under subsection (c); and\n ``(3) approve loan cancellation for founders of small \n business start-ups in distressed areas under subsection (d).\n ``(b) Certification.--\n ``(1) Application.--To be certified by the young \n entrepreneurs business center, a small business start-up shall \n submit an application to the Administrator that includes--\n ``(A) a 5-year business plan for such small \n business start-up; and\n ``(B) the number of employees the small business \n start-up intends to employ on a yearly basis.\n ``(2) Requirements.--The young entrepreneurs business \n center may not certify a small business start-up unless such \n small business start-up, on the date the application is \n submitted under paragraph (1)--\n ``(A) has a founder who is a recent graduate of a \n 4-year institution of higher education;\n ``(B) is a start-up for which at least 50 percent \n of the employees of the start-up are recent graduates \n of such an institution.\n ``(c) Distressed Area.--\n ``(1) In general.--Not less than once every 3 years after \n the date of the enactment of this section, the young \n entrepreneurs business center shall identify and make \n publically available on the website of the Administration a \n list of distressed areas.\n ``(2) Requirements.--A distressed area identified under \n paragraph (1) shall be a county or equivalent division of local \n government of a State in which the small business concern is \n located that--\n ``(A) has, for the most recent 24-month period for \n which statistics are available--\n ``(i) a per capita income of 80 percent or \n less of the national average; or\n ``(ii) an unemployment rate that is 1 \n percent greater than the national average; and\n ``(B) the young entrepreneurs business center \n determines would economically benefit from having small \n business start-ups established in such area.\n ``(d) Loan Cancellation for Founders of a Small Business Start-Up \nin a Distressed Area.--For purposes of loan cancellation under \nsubsection (r)(1) of section 455 of the Higher Education Act of 1965 \n(20 U.S.C. 1087e) the young entrepreneurs business center shall approve \na founder of a small business start-up in a distressed area if such \nfounder--\n ``(1) established a small business start-up that--\n ``(A) on the date such small business start-up was \n established, was located in a distressed area \n identified by the young entrepreneurs business center \n under subsection (c) not more than 3 years before such \n date of establishment;\n ``(B) was certified under subsection (b); and\n ``(C) on the date of approval under this \n subsection, has been operating continuously for not \n less than 5 years; and\n ``(2) was employed as a founder of a small business start-\n up in a distressed area during the period in which such founder \n made the 24 payments described in subsection (r)(1)(A) of such \n section 455.\n ``(e) Definitions.--In this section:\n ``(1) Institution of higher education.--The term \n `institution of higher education' has the meaning given such \n term in section 102 of the Higher Education Act (20 U.S.C. \n 1002).\n ``(2) Small business start-up.--The term `small business \n start-up' means a small business concern that--\n ``(A) is not yet in existence; or\n ``(B) has been in existence for not more than 3 \n years.''.\n\nSEC. 5. TREATMENT OF LOAN CANCELLATION.\n\n (a) In General.--Section 108(f) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new paragraph:\n ``(5) Cancellation of certain federal student loans.--In \n the case of an individual, gross income shall not include the \n discharge (in whole or in part) of any student loan pursuant to \n the cancellation (in whole or in part) of such loan by the \n Secretary of Education under subsection (r) of section 455 of \n the Higher Education Act of 1965 (20 U.S.C. 1087e).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto discharges of indebtedness occurring after the date of the enactment \nof this Act.","summary":"Supporting America's Young Entrepreneurs Act of 2016 This bill amends title IV of the Higher Education Act of 1965 to make eligible for deferment and cancellation under the Federal Direct Loan program a borrower who is an employee or founder of a small business start-up in a distressed area. It also amends the Internal Revenue Code to exclude from an individual's gross income the amount of such canceled student loan debt. The bill establishes a Federal Direct Refinanced Private Loan program to refinance private education loans. Finally, it establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancelation for founders of small business start-ups.","title":"Supporting America's Young Entrepreneurs Act of 2016","text_len":19023,"sum_len":771} {"bill_id":"109_hr5952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bodegas as Catalysts for Healthy \nLiving Act''.\n\nSEC. 2. GRANTS FOR SMALL BUSINESSES AND CONSUMER EDUCATION AND \n OUTREACH.\n\n (a) Program Required.--The Administrator of the Small Business \nAdministration shall carry out a program under which the Administrator \nmakes grants to any of the following:\n (1) A locally-based organization that represents small \n business concerns.\n (2) A local redevelopment agency that is chartered, \n established, or otherwise sanctioned by a State or local \n government.\n (b) Use of Grant Amounts.--The recipient of a grant under this \nsection shall use the grant amounts for one or more of the following \nactivities:\n (1) To provide, to independently owned and operated small \n business concerns, such as bodegas and corner stores, \n assistance (such as assistance in purchasing appropriate \n equipment, or assistance in hiring and training personnel) in \n expanding their inventory to include one or more of the \n following products:\n (A) Fresh fruits and vegetables.\n (B) Healthy alternatives (as defined by the \n Department of Agriculture) such as whole milk \n alternatives, pure fruit juices, and products with 0 \n grams of transfat).\n (2) To provide, to community-based organizations, such as \n community health centers, assistance in carrying out consumer \n education and outreach activities to encourage the purchase of \n such products, such as by informing communities about the \n health risks associated with high-calorie, low-exercise \n lifestyles and the benefits of healthy living.\n (c) Collaboration Required.--A small business concern may receive \nassistance in expanding inventory under subsection (b)(1) only if the \nsmall business concern works in collaboration with one or more \ncommunity-based organizations in expanding that inventory. A community-\nbased organization may receive assistance in carrying out activities \nunder subsection (b)(2) only if the community-based organization works \nin collaboration with one or more small business concerns in carrying \nout those activities.\n (d) Maximum Grant.--A grant under this section may not exceed \n$100,000.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $5,000,000 for fiscal year 2007.\n\nSEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES \n UNDER THE MEDICARE AND MEDICAID PROGRAMS.\n\n (a) Medicare Program.--\n (1) In general.--Section 1861 of the Social Security Act \n (42 U.S.C. 1395x) is amended--\n (A) in subsection (s)(2), by adding at the end the \n following new subparagraph:\n ``(BB) additional primary and preventive services \n described in subsection (ccc);''; and\n (B) by adding at the end the following new \n subsection:\n\n ``Additional Primary and Preventive Services\n\n ``(ccc) The term `additional primary and preventive services' means \nsuch primary and preventive services that are not otherwise covered \nunder this title as the Secretary shall specify when provided by \nqualified providers, as specified by the Secretary. Such term includes \nthe following:\n ``(1) Services for the prevention and treatment of obesity \n and obesity-related disease.\n ``(2) Supervised exercise sessions.\n ``(3) Exercise stress testing for the purpose of exercise \n prescriptions.\n ``(4) Lifestyle modification education.\n ``(5) Culinary arts education for the purpose of promoting \n proper nutrition.''.\n (2) Conforming amendments.--(A) Section 1862(a)(1) of such \n Act (42 U.S.C. 1395y(a)(1)) is amended--\n (i) by striking ``and'' at the end of subparagraph \n (M);\n (ii) by adding ``and'' at the end of subparagraph \n (N); and\n (iii) by adding at the end the following new \n subparagraph:\n ``(O) in the case of additional primary care and \n preventive services, which are performed more \n frequently than the Secretary may specify;''.\n (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) \n is amended by inserting ``or additional primary care or \n preventive services (as defined in section 1861(ccc))'' after \n ``(jj))''.\n (b) Medicaid Program.--Section 1905(a) of the Social Security Act \n(42 U.S.C. 1396d(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (27);\n (2) by redesignating paragraph (28) as paragraph (29); and\n (3) by inserting after paragraph (27) the following new \n paragraph:\n ``(28) additional primary care and preventive services (as \n defined in section 1861(ccc)) which are not otherwise covered \n under this subsection; and''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the first day of the first calendar quarter beginning after \nthe date of the enactment of this Act, with regard to whether \nregulations to implement such amendments are in effect as of such date.","summary":"Bodegas as Catalysts for Healthy Living Act - Directs the Administrator of the Small Business Administration to make grants to local organizations that represent small business concerns and local redevelopment agencies to assist: (1) independently owned and operated small businesses, such as bodegas and corner stores, in expanding their inventories to include fresh fruits and vegetables and healthy alternatives. And (2) community-based organizations, such as community health centers, in carrying out consumer outreach and education programs to encourage the purchase of fresh fruits, vegetables, and healthy alternatives and to inform communities about health risks and the benefits of healthy living. Requires small businesses and community-based organizations to collaborate in carrying out the purposes of this Act. Limits grant amounts to $100,000. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education.","title":"To increase access to and consumption of fresh fruits, vegetables, and healthy alternatives in low-income communities with high incidences of obesity and obesity-related disease.","text_len":5530,"sum_len":1142} {"bill_id":"114_hr3462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sport Fish Restoration and \nRecreational Boating Safety Act of 2015''.\n\nSEC. 2. ALLOCATIONS.\n\n (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish \nRestoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' \nand inserting ``58.012 percent''.\n (b) In General.--Section 4 of the Dingell-Johnson Sport Fish \nRestoration Act (16 U.S.C. 777c) is amended--\n (1) in subsection (a)--\n (A) in the matter preceding paragraph (1)--\n (i) by striking ``For each'' and all that \n follows through ``the balance'' and inserting \n ``For each fiscal year through fiscal year \n 2020, the balance''; and\n (ii) by striking ``multistate conservation \n grants under section 14'' and inserting \n ``activities under section 14(e)'';\n (B) in paragraph (1) by striking ``18.5'' percent \n and inserting ``18.673 percent'';\n (C) in paragraph (2) by striking ``18.5 percent'' \n and inserting ``17.315 percent'';\n (D) by striking paragraphs (3) and (4);\n (E) by redesignating paragraph (5) as paragraph \n (4); and\n (F) by inserting after paragraph (2) the following:\n ``(3) Boating infrastructure improvement.--\n ``(A) In general.--An amount equal to 4 percent to \n the Secretary of the Interior for qualified projects \n under section 5604(c) of the Clean Vessel Act of 1992 \n (33 U.S.C. 1322 note) and section 7404(d) of the \n Sportfishing and Boating Safety Act of 1998 (16 U.S.C. \n 777g-1(d)).\n ``(B) Limitation.--Not more than 75 percent of the \n amount under subparagraph (A) shall be available for \n projects under either of the sections referred to in \n subparagraph (A).'';\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) in subparagraph (A) by striking ``for \n each'' and all that follows through ``the \n Secretary'' and inserting ``for each fiscal \n year through fiscal year 2020, the Secretary''; \n and\n (ii) in subparagraph (B)--\n (I) in clause (i) by striking \n ``each of fiscal years 2001 and 2002, \n $9,000,000;'' and inserting ``fiscal \n year 2016, $11,000,000;'';\n (II) in clause (ii) by striking \n ``2003, $8,212,000; and'' and inserting \n ``2017, $11,300,000;''; and\n (III) by striking clause (iii) and \n inserting the following:\n ``(iii) for fiscal year 2018, $11,600,000;\n ``(iv) for fiscal year 2019, $11,800,000; \n and\n ``(v) for fiscal year 2020, $11,900,000.'';\n (B) by redesignating paragraph (2) as paragraph \n (3);\n (C) by inserting after paragraph (1) the following:\n ``(2) Set-aside for coast guard administration.--\n ``(A) In general.--From the annual appropriation \n made in accordance with section 3, for each of fiscal \n years 2016 through 2020, the Secretary of the \n department in which the Coast Guard is operating may \n use no more than the amount specified in subparagraph \n (B) for the fiscal year for the purposes set forth in \n section 13107(c) of title 46, United States Code. The \n amount specified in subparagraph (B) for a fiscal year \n may not be included in the amount of the annual \n appropriation distributed under subsection (a) for the \n fiscal year.\n ``(B) Available amounts.--The available amount \n referred to in subparagraph (A) is--\n ``(i) for fiscal year 2016, $7,800,000;\n ``(ii) for fiscal year 2017, $7,900,000;\n ``(iii) for fiscal year 2018, $8,000,000;\n ``(iv) for fiscal year 2019, $8,100,000; \n and\n ``(v) for fiscal year 2020, $8,200,000.''; \n and\n (D) in paragraph (3), as so redesignated--\n (i) in subparagraph (A) by striking ``until \n the end of the fiscal year.'' and inserting \n ``until the end of the subsequent fiscal \n year.''; and\n (ii) in subparagraph (B) by striking \n ``under subsection (e)'' and inserting ``under \n subsection (c)'';\n (3) in subsection (c)--\n (A) by striking ``(c) The Secretary'' and inserting \n ``(c)(1) The Secretary,'';\n (B) by striking ``grants under section 14 of this \n title'' and inserting ``activities under section \n 14(e)'';\n (C) by striking ``57 percent'' and inserting \n ``58.012 percent''; and\n (D) by adding at the end the following:\n ``(2) The Secretary shall deduct from the amount to be apportioned \nunder paragraph (1) the amounts used for grants under section 14(a).''; \nand\n (4) in subsection (e)(1) by striking ``those subsections,'' \n and inserting ``those paragraphs,''.\n (c) Submission and Approval of Plans and Projects.--Section 6(d) of \nthe Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is \namended by striking ``for appropriations'' and inserting ``from \nappropriations''.\n (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the \nDingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is \namended by striking ``57 percent'' and inserting ``58.012 percent''.\n (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish \nRestoration Act (16 U.S.C. 777k) is amended--\n (1) by striking ``57 percent'' and inserting ``58.012 \n percent''; and\n (2) by striking ``under section 4(b)'' and inserting \n ``under section 4(c)''.\n (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish \nRestoration Act (16 U.S.C. 777m) is amended--\n (1) in subsection (a)(1) by striking ``of each annual \n appropriation made in accordance with section 3''; and\n (2) in subsection (e)--\n (A) in the matter preceding paragraph (1) by \n striking ``Of amounts made available under section 4(b) \n for each fiscal year--'' and inserting ``Not more than \n $1,200,000 of each annual appropriation made in \n accordance with the provisions of section 3 shall be \n distributed to the Secretary of the Interior for use as \n follows:''; and\n (B) in paragraph (1)(D) by striking ``; and'' and \n inserting a period.\n (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 \nU.S.C. 777 et seq.) is amended--\n (1) by striking section 15; and\n (2) by redesignating section 16 as section 15.\n\nSEC. 3. RECREATIONAL BOATING SAFETY.\n\n Section 13107 of title 46, United States Code, is amended--\n (1) in subsection (a)--\n (A) by striking ``(1) Subject to paragraph (2) and \n subsection (c),'' and inserting ``Subject to subsection \n (c),'';\n (B) by striking ``the sum of (A) the amount made \n available from the Boat Safety Account for that fiscal \n year under section 15 of the Dingell-Johnson Sport Fish \n Restoration Act and (B)''; and\n (C) by striking paragraph (2); and\n (2) in subsection (c)--\n (A) by striking the subsection designation and \n paragraph (1) and inserting the following:\n ``(c)(1)(A) The Secretary may use amounts made available each \nfiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish \nRestoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the \nCoast Guard for investigations, personnel, and activities directly \nrelated to--\n ``(i) administering State recreational boating safety \n programs under this chapter; or\n ``(ii) coordinating or carrying out the national \n recreational boating safety program under this title.\n ``(B) Of the amounts used by the Secretary each fiscal year under \nsubparagraph (A)--\n ``(i) not less than $2,500,000 is available to ensure \n compliance with chapter 43 of this title; and\n ``(ii) not more than $1,500,000 is available to conduct a \n survey, not more than once every 3 years, of levels of \n recreational boating participation and related matters in the \n United States.''; and\n (B) in paragraph (2)--\n (i) by striking ``No funds'' and inserting \n ``On and after October 1, 2015, no funds''; and\n (ii) by striking ``traditionally''.\n\nSEC. 4. ANNUAL ASSESSMENT.\n\n (a) In General.--On the date on which the President submits to \nCongress a budget for fiscal year 2017 and for each fiscal year \nthereafter, the Director of the United States Fish and Wildlife Service \nshall submit to Congress an assessment of the administrative services \nprovided by such Service under the Dingell-Johnson Sport Fish \nRestoration Act to the States and the sportfishing community.\n (b) Contents.--Each assessment under subsection (a) shall include \nthe following:\n (1) The percentage of grant awards and amendments completed \n within 45 days after receipt of a complete grant application, \n the average number of days to process new grant applications, \n and the average number of days to process grant amendment \n requests.\n (2) Which wildlife and sport fish restoration policies are \n currently being updated, the start time for each update, and \n the anticipated completion time for each update.\n (3) The number of Federal assistance workshops held with \n States and such Service in efforts to communicate fiscal \n policies and procedures to State agencies.\n (4) The average time to respond to requests from States for \n assistance, based on initial notification or assistance \n requests initiated by a State.\n (5) The number of States with unresolved reconciliation of \n land records and the number of corrective action plans with \n open actions.\n (6) The number of employees of such Service with grants \n management training and the number of such employees with \n outstanding training requirements, and the number of State fish \n and wildlife staff who have received training through the \n Wildlife and Sport Fish Restoration Fund Program of such \n Service.\n (7) The number of full-time positions of such Service \n filled and vacant, including the associated position titles and \n paygrades, that contribute to grant processing and related \n grant management in each Service region and at Service \n headquarters.","summary":"Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the US Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community.","title":"Sport Fish Restoration and Recreational Boating Safety Act of 2015","text_len":12123,"sum_len":883} {"bill_id":"115_s1730","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reach Every Mother and Child Act of \n2017''.\n\nSEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD \n DEATHS GLOBALLY.\n\n The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is \namended by adding at the end of chapter I of part I the following new \nsection:\n\n``SEC. 137. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD \n DEATHS GLOBALLY.\n\n ``(a) Purpose.--The purpose of this section is to implement a \nstrategic approach for providing foreign assistance in order to end \npreventable child and maternal deaths globally by 2030.\n ``(b) Definitions.--In this section:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the United States Agency for International \n Development.\n ``(2) Appropriate congressional committees.--The term \n `appropriate congressional committees' means--\n ``(A) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate; and\n ``(B) the Committee on Foreign Affairs and the \n Committee on Appropriations of the House of \n Representatives.\n ``(3) Coordinator.--The term `Coordinator' means the Child \n and Maternal Survival Coordinator established under subsection \n (e).\n ``(4) Relevant partner entities.--The term `relevant \n partner entities' means each of the following:\n ``(A) The governments of other donor countries.\n ``(B) International financial institutions.\n ``(C) Nongovernmental organizations.\n ``(D) Faith-based organizations.\n ``(E) Professional organizations\n ``(F) The private sector.\n ``(G) Multilateral organizations.\n ``(H) Local and international civil society groups.\n ``(I) Local health workers.\n ``(J) International organizations.\n ``(5) Target countries.--The term `target countries' means \n specific countries that have the greatest need and highest \n burden of child and maternal deaths, taking into consideration \n countries that--\n ``(A) have high-need communities in fragile states \n or conflict-affected states;\n ``(B) are low- or middle-income countries; or\n ``(C) are located in regions with weak health \n systems.\n ``(c) Statement of Policy.--It is the policy of the United States, \nin partnership with target countries and relevant partner entities, to \nestablish and implement a coordinated, integrated, and comprehensive \nstrategy to combat the leading causes of maternal, newborn, and child \nmortality globally and ensure healthy and productive lives by--\n ``(1) scaling up the highest impact, evidence-based \n interventions, including for the most vulnerable populations, \n with a focus on country ownership;\n ``(2) designing, implementing, monitoring, and evaluating \n programs in a way that enhances transparency and \n accountability, increases sustainability, and improves outcomes \n in target countries; and\n ``(3) supporting the development and scale up of innovative \n tools and approaches to accelerate progress toward ending \n preventable child and maternal deaths.\n ``(d) Strategy.--\n ``(1) In general.--Not later than one year after the date \n of the enactment of the Reach Every Mother and Child Act of \n 2017, the President shall establish and implement a \n comprehensive five-year, whole-of-government strategy to \n achieve, with target countries and donors, the goal of ending \n preventable child and maternal deaths globally and ensure \n healthy and productive lives by 2030.\n ``(2) Elements.--The strategy established under paragraph \n (1) shall--\n ``(A) set outcome-based targets to achieve the \n goals of the strategy and ascertain baseline data \n relevant for each target country and for all areas of \n focus and programming as of the date of the release of \n the strategy;\n ``(B) utilize United States Government strategies \n and frameworks relevant to ending preventable child and \n maternal deaths, including specific objectives, \n programs, and approaches to implement highest impact, \n evidence-based interventions to address the leading \n causes of death, particularly among the most vulnerable \n populations, of--\n ``(i) women related to pregnancy, \n childbirth, and post delivery;\n ``(ii) newborns in their first 28 days; and\n ``(iii) infants and children under the age \n of five years old;\n ``(C) include development and scale up of new \n technologies and approaches, including those supported \n by public-private partnerships, for research and \n innovation;\n ``(D) promote coordination and efficiency within \n and amongst the relevant executive branch agencies and \n initiatives, including the United States Agency for \n International Development, the Department of State, the \n Department of Health and Human Services, the Centers \n for Disease Control and Prevention, the National \n Institutes of Health, the Millennium Challenge \n Corporation, the Peace Corps, the Department of the \n Treasury, the Office of the Global AIDS Coordinator, \n and the President's Malaria Initiative;\n ``(E) project general levels of resources needed to \n achieve the strategy's stated objectives;\n ``(F) identify strategies for leveraging resources \n in new and innovative ways;\n ``(G) align with country-driven maternal, newborn, \n and child health and survival plans and improve \n coordination with foreign governments and international \n organizations;\n ``(H) outline consultations with target countries \n and relevant partner entities as appropriate;\n ``(I) implement results-based contracting (such as \n pay-for-success) and financial and operational risk \n reduction;\n ``(J) promote a shift towards investments that \n support inclusive and sustainable business models; and\n ``(K) support the transition to domestic \n sustainably financed health systems.\n ``(3) Initial strategy.--For the purposes of this section, \n a strategy meeting the criteria described in paragraph (2) that \n is in effect as of the date of enactment of this section may be \n deemed to fulfill the establishment requirement in paragraph \n (1).\n ``(e) Establishment of Child and Maternal Survival Coordinator.--\n ``(1) In general.--The President shall designate a current \n USAID employee serving in a career or non-career position in \n the Senior Executive Service or at the level of a Deputy \n Assistant Administrator or higher to serve concurrently as the \n Child and Maternal Survival Coordinator. The Coordinator shall \n be responsible for--\n ``(A) overseeing the strategy established under \n subsection (d); and\n ``(B) all United States Government funds \n appropriated or used for international maternal and \n child health and nutrition programs.\n ``(2) Duties.--The Coordinator shall--\n ``(A) have the primary responsibility for the \n oversight and coordination of all resources and \n international activities of the United States \n Government appropriated or used for international \n maternal and child health and nutrition programs;\n ``(B) direct the budget, planning, and staffing to \n implement international maternal and child health and \n nutrition projects and programs for the purpose of \n achieving reductions in preventable child and maternal \n deaths;\n ``(C) lead implementation and revision, not less \n frequently than once every 5 years, of the strategy \n established under subsection (d)(1);\n ``(D) coordinate with relevant executive branch \n agencies, target countries, and relevant partner \n entities as appropriate, to carry out the strategy \n established under section 5(a) and to align current and \n future investments with high-impact, evidence-based \n interventions to save lives;\n ``(E) provide direction to the design and oversight \n of grants, contracts, and cooperative agreements with \n nongovernmental organizations (including community, \n faith-based, and civil society organizations) and \n private sector entities for the purpose of carrying out \n the strategy established under subsection (d)(1); and\n ``(F) report directly to the Administrator \n regarding implementation of the strategy established \n under subsection (d)(1).\n ``(3) Restriction on additional or supplemental \n compensation.--The Coordinator shall receive no additional or \n supplemental compensation as a result of carrying out \n responsibilities and duties under this section.\n ``(f) Authority to Assist in Implementation of the Strategy.--\n ``(1) In general.--The President shall provide assistance \n to implement the strategy established under subsection (d)(1).\n ``(2) Focus on impact.--\n ``(A) Targets for increased implementation \n required.--Consistent with the requirements for foreign \n assistance programs included in the Foreign Aid \n Transparency and Accountability Act of 2016 (Public Law \n 114-119), USAID grants, contracts, and cooperative \n agreements for the purposes of the strategy established \n under subsection (d)(1) shall be required to include \n targets for increased implementation of high-impact, \n evidence-based interventions and strengthening health \n systems, as appropriate, including the establishment of \n baseline measurements from which to quantify progress.\n ``(B) Exception.--In exceptional circumstances \n where USAID determines that inclusion of coverage \n targets or baseline measures are not reasonable or \n practicable for the grant, contract, or cooperative \n agreement, the funding mechanism shall include an \n explanation of the omission and explicitly state how \n measurable impact will be targeted and tracked.\n ``(g) Reports.--\n ``(1) Report required.--Not later than one year after the \n date of the enactment of this section, and annually thereafter \n for 5 additional years, the President shall submit to the \n appropriate congressional committees a report on progress made \n to achieve the strategy established under subsection (d)(1) as \n well as progress toward the goal to end preventable child and \n maternal deaths globally. The data in the report shall be made \n publicly available.\n ``(2) Information included in report.--The report required \n under paragraph (1) shall include the following elements:\n ``(A) Indicators of progress made by United States \n Government programs carried out under international \n maternal and child health and nutrition programs for \n the purposes of improving maternal, newborn, and child \n health and survival, particularly among the most \n vulnerable populations, in each target country and \n overall, including--\n ``(i) maternal mortality ratio per 100,000 \n live births and under-5 mortality ratio per \n 1,000 live births;\n ``(ii) number of maternal, newborn, and \n child deaths averted;\n ``(iii) percentage of births attended by \n skilled health personnel;\n ``(iv) an analysis of gaps in the health \n workforce required to end preventable child and \n maternal deaths, including an analysis of \n health workforce density (number of certified \n health workers, including community-based \n health workers, per population);\n ``(v) a description of the measured or \n estimated impact on maternal, newborn, and \n child survival of each ongoing program or \n project;\n ``(vi) progress towards achieving the goal \n to save 15,000,000 children's lives and 600,000 \n women's lives by 2020, and any subsequent goals \n established under the strategy required under \n subsection (d); and\n ``(vii) any other targets identified by the \n Coordinator as essential to meeting the goals \n of the strategy for ending preventable child \n and maternal deaths.\n ``(B) Assessments of progress made toward achieving \n the targets set forth under subparagraph (A).\n ``(C) A description of how the interventions or \n programs are designed to--\n ``(i) increase activities in target \n countries;\n ``(ii) reach underserved, marginalized, \n vulnerable, and impoverished populations;\n ``(iii) address causes of maternal, \n newborn, and child mortality with innovative \n efforts and interventions posed to go to scale;\n ``(iv) invest in activities that empower \n women, support voluntarism, and provide \n respectful maternity care;\n ``(v) improve transparency and \n accountability at all levels and include common \n metrics for tracking progress;\n ``(vi) ensure that high-impact, evidence-\n based interventions are prioritized; and\n ``(vii) expand access to quality services \n through community-based approaches and include \n community accountability measures.\n ``(D) Reporting on each aspect of the strategy \n established under subsection (d)(1), including--\n ``(i) multi-sectoral approaches, specific \n strategies, and programming utilizing high-\n impact, evidence-based interventions to address \n the leading causes of preventable child and \n maternal deaths;\n ``(ii) activities to develop and scale up \n new technologies and approaches, including \n those identified by public-private \n partnerships, for research and innovation;\n ``(iii) coordination with United States \n agencies, foreign governments, nongovernmental \n organizations, and international organizations;\n ``(iv) methods used to leverage new \n financial and other public and private \n resources in innovative ways; and\n ``(v) best practices identified by the \n executive branch.\n ``(E) Reporting on grants, contracts, and \n cooperative agreements awarded, including--\n ``(i) a comprehensive list of USAID grants, \n contracts, and cooperative agreements awarded \n in implementation of the strategy established \n under subsection (d)(1); and\n ``(ii) a description of--\n ``(I) the targets for coverage of \n interventions or services and the \n baseline against which they are \n measured and the status of progress in \n meeting the targets; or\n ``(II) in the case of exceptional \n circumstances where USAID determines \n that inclusion of targets or baseline \n measurements is not reasonable or \n practicable, an explanation of how the \n impact of the grant, contract, \n agreement, or resulting program is \n being measured.\n ``(F) Reporting on the innovative public-private \n financing tools, including an analysis of the \n feasibility and potential effectiveness of new \n financing tools that could be used to fund efforts to \n end preventable child and maternal deaths globally.\n ``(h) Authorization of Appropriations.--\n ``(1) Authorization.--For fiscal years 2018 through 2022, \n the provisions of this section shall be carried out using \n amounts appropriated or otherwise made available for the \n Department of State or the United States Agency for \n International Development and available for global health \n programs.\n ``(2) Application.--Funds appropriated or otherwise made \n available to carry out activities under this section shall be \n subject to all applicable restrictions under Federal law.\n ``(3) Expiration of funds.--Amounts appropriated or \n otherwise made available to carry out activities under this \n section shall remain available for obligation for a period of 5 \n years.''.","summary":"Reach Every Mother and Child Act of 2017 This bill directs the President to: establish a five-year strategy to achieve, with target countries and donors, the goal of ending preventable child and maternal deaths globally and ensure healthy and productive lives by 2030. And provide assistance to implement the strategy. The President shall designate a current US Agency for International Development (USAID) employee serving in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Maternal and Child Survival Coordinator, who shall be responsible for: overseeing such strategy, and all US government funds appropriated or used for international maternal and child health and nutrition programs. Strategy grants, contracts, and cooperative agreements shall include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems. The President shall report to Congress annually for six years regarding progress made toward achieving the strategy and ending preventable child and maternal deaths.","title":"Reach Every Mother and Child Act of 2017","text_len":19705,"sum_len":1111} {"bill_id":"103_s2097","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Export Promotion Act \nof 1994''.\n\nSEC. 2. PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS.\n\n (a) Environmental Technologies Trade Advisory Committee.--Section \n2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is \namended--\n (1) by striking subsection (d);\n (2) by redesignating subsection (c) as subsection (e); and\n (3) by inserting after subsection (b) the following new \n subsections:\n ``(c) Environmental Technologies Trade Advisory Committee.--\n ``(1) Establishment and purpose.--The Secretary, in \n carrying out the duties of the chairperson of the TPCC, shall \n establish the Environmental Technologies Trade Advisory \n Committee (hereafter in this section referred to as the \n `Committee'). The purpose of the Committee shall be to provide \n advice and guidance to the Working Group in the development and \n administration of programs to expand United States exports of \n environmental technologies, goods, and services.\n ``(2) Membership.--\n ``(A) In general.--The members of the Committee \n shall be drawn from representatives of--\n ``(i) environmental businesses, including \n small businesses;\n ``(ii) trade associations in the \n environmental sector;\n ``(iii) private sector organizations \n involved in the promotion of environmental \n exports;\n ``(iv) the States (as defined in section \n 2301(j)(5)) and associations representing the \n States; and\n ``(v) other appropriate interested members \n of the public.\n ``(B) Committee composition.--The Secretary shall \n appoint as members of the Committee no fewer than 1 \n individual under each of clauses (i) through (v) of \n subparagraph (A).\n ``(d) Export Plans for Priority Countries.--\n ``(1) Priority country identification.--The Working Group, \n in consultation with the Committee, shall annually assess which \n foreign countries have markets with the greatest potential for \n the export of United States environmental technologies, goods, \n and services. Of these countries, the Working Group shall \n select the 5 countries with the greatest potential for the \n application of United States Government export promotion \n resources related to environmental exports as `priority \n countries'.\n ``(2) Export plans.--The Working Group, in consultation \n with the Committee, shall annually create a plan for each \n priority country selected under paragraph (1), setting forth in \n detail ways to increase United States environmental exports to \n such country. Each plan shall--\n ``(A) identify the primary public and private \n sector opportunities for United States exporters of \n environmental technologies, goods, and services in the \n priority country;\n ``(B) analyze the financing and other requirements \n for major projects in the priority country which will \n use environmental technologies, goods, and services, \n and analyze whether such projects are dependent upon \n financial assistance from foreign countries or \n multilateral institutions; and\n ``(C) list specific actions to be taken by the \n member agencies of the Working Group to increase United \n States exports to the priority country.''.\n (b) Additional Mechanisms To Promote Environmental Exports.--\nSection 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is \namended by adding at the end the following:\n ``(f) Environmental Technologies Specialists in the United States \nand Foreign Commercial Service.--\n ``(1) Assignment of environmental technologies \n specialists.--The Secretary shall assign a specialist in \n environmental technologies to the office of the United States \n and Foreign Commercial Service in each of the 5 priority \n countries selected under subsection (d)(1), and the Secretary \n is authorized to assign such a specialist to the office of the \n United States and Foreign Commercial Service in any country \n that is a promising market for United States exports of \n environmental technologies, goods, and services. Such \n specialist may be an employee of the Department of Commerce, an \n employee of any relevant Government department or agency \n assigned on a temporary or limited term basis to the Department \n of Commerce, or a representative of the private sector assigned \n to the Department of Commerce.\n ``(2) Duties of environmental technologies specialists.--\n Each specialist assigned under paragraph (1) shall provide \n export promotion assistance to United States environmental \n businesses, including--\n ``(A) identifying factors in the country to which \n the specialist is assigned that affect the United \n States share of the domestic market for environmental \n technologies, goods, and services, including market \n barriers, standards-setting activities, and financing \n issues;\n ``(B) providing assessments of assistance by \n foreign governments to producers of environmental \n technologies, goods, and services in such countries in \n order to enhance exports to the country to which the \n specialist is assigned, the effectiveness of such \n assistance on the competitiveness of United States \n products, and whether comparable United States \n assistance exists;\n ``(C) training Foreign Commercial Service Officers \n in the country to which the specialist is assigned, \n other countries in the region, and United States and \n Foreign Commercial Service offices in the United \n States, in environmental technologies and the \n international environmental market;\n ``(D) providing assistance in identifying potential \n customers and market opportunities in the country to \n which the specialist is assigned;\n ``(E) providing assistance in obtaining necessary \n business services in the country to which the \n specialist is assigned;\n ``(F) providing information on environmental \n standards and regulations in the country to which the \n specialist is assigned; and\n ``(G) providing information on all United States \n programs that could assist the promotion, financing, \n and sale of United States environmental technologies, \n goods, and services in the country to which the \n specialist is assigned.\n ``(g) Environmental Training in One-Stop Shops.--In addition to the \ntraining provided under subsection (f)(2)(C), the Secretary shall \nestablish a mechanism to train--\n ``(1) Commercial Service Officers assigned to the one-stop \n shops provided for in section 2301(b)(8); and\n ``(2) Commercial Service Officers assigned to district \n offices in districts having large numbers of environmental \n businesses;\nin environmental technologies and in the international environmental \nmarketplace, and ensure that such officers receive appropriate training \nunder such mechanism. Such training may be provided by officers or \nemployees of the Department of Commerce, and other United States \ndepartments and agencies, with appropriate expertise in environmental \ntechnologies and the international environmental workplace, and by \nappropriate representatives of the private sector.\n ``(h) International Regional Environmental Initiatives.--\n ``(1) Establishment of initiatives.--The TPCC shall \n establish not less than one international regional \n environmental initiative, the purpose of which shall be to \n coordinate the activities of Federal departments and agencies \n in order to build environmental partnerships between the United \n States and the geographic region outside of the United States \n for which such initiative is established. Such partnerships \n shall enhance environmental protection and promote sustainable \n development by using technical expertise and financial \n resources of the United States departments and agencies that \n provide foreign assistance, and by expanding United States \n exports of environmental technologies, goods, and services to \n that region.\n ``(2) Activities.--In carrying out each international \n regional environmental initiative, the TPCC shall--\n ``(A) support the development of sound \n environmental policies and practices in countries in \n the geographic region for which the initiative is \n established, including the development of \n environmentally sound regulatory regimes and \n enforcement mechanisms, through the provision of \n foreign assistance;\n ``(B) identify and disseminate to United States \n environmental businesses information regarding specific \n environmental business opportunities in that geographic \n region;\n ``(C) coordinate existing Federal efforts to \n promote environmental exports to that geographic \n region, and ensure that such efforts are fully \n coordinated with environmental export promotion efforts \n undertaken by the States and the private sector;\n ``(D) increase assistance provided by the United \n States to promote exports from the United States of \n environmental technologies, goods, and services to that \n geographic region, such as trade missions, reverse \n trade missions, trade fairs, and programs in the United \n States to train foreign nationals in United States \n environmental technologies; and\n ``(E) increase high-level advocacy by Government \n officials (including the United States ambassadors to \n the countries in the geographic region outside of the \n United States) for United States environmental \n businesses seeking market opportunities in that \n geographic region.\n ``(i) Environmental Technologies Project Advocacy Calendar and \nInformation Dissemination Program.--The Working Group shall--\n ``(1) maintain a calendar, updated at the end of each \n calendar quarter, of significant opportunities for United \n States environmental businesses in foreign markets and trade \n promotion events, which shall--\n ``(A) be made available to the public;\n ``(B) identify not less than 50 nor more than 100 \n environmental infrastructure and procurement projects \n in foreign markets that have the greatest potential in \n the calendar quarter for United States exports of \n environmental technologies, goods, and services; and\n ``(C) include trade promotion events, such as trade \n missions and trade fairs, in the environmental sector; \n and\n ``(2) provide, through the National Trade Data Bank and \n other information dissemination channels, information on \n opportunities for environmental businesses in foreign markets \n and information on Federal export promotion programs.\n ``(j) Regional Centers.--The Secretary, through the Assistant \nSecretary of Commerce and Director General of the United States and \nForeign Commercial Service, is authorized to provide matching funds for \nthe establishment in the United States of regional environmental \nbusiness and technology cooperation centers that will draw upon the \nexpertise of the private sector and institutions of higher education \nand existing Federal programs to provide export promotion assistance \nrelated to environmental technologies, goods, and services.\n ``(k) Definition.--For purposes of this section, the term \n`environmental business' means a business that produces environmental \ntechnologies, goods, or services.''.","summary":"Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand US exports of environmental technologies, goods, and services. Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of US Government export promotion resources. Requires the Working Group to create annual plans for each priority country, detailing ways to increase US environmental exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorize similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists. Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses. And (2) ensure that such officers receive appropriate training under such mechanism. Directs the Trade Promotion Coordinating Committee (TPCC) to establish not less than one international regional environmental initiative to coordinate Federal activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiative. Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying and providing information on significant project opportunities for US environmental businesses in foreign markets and trade promotion events. Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector, institutions of higher education, and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services.","title":"Environmental Export Promotion Act of 1994","text_len":13291,"sum_len":2494} {"bill_id":"109_s2599","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Disaster Recovery Personal \nProtection Act of 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Second Amendment to the Constitution of the United \n States states that, ``A well regulated Militia, being necessary \n to the security of a free State, the right of the people to \n keep and bear Arms, shall not be infringed.'' and Congress has \n repeatedly recognized this language as protecting an individual \n right.\n (2) In the wake of Hurricane Katrina, State and local law \n enforcement and public safety service organizations were \n overwhelmed and could not fulfill the safety needs of the \n citizens of the State of Louisiana.\n (3) In the wake of Hurricane Katrina, the safety of these \n citizens, and of their homes and property, was threatened by \n instances of criminal activity.\n (4) Many of these citizens lawfully kept firearms for the \n safety of themselves, their loved ones, their businesses, and \n their property, as guaranteed by the Second Amendment, and used \n their firearms, individually or in concert with their \n neighbors, for protection against crime.\n (5) In the wake of Hurricane Katrina, certain agencies \n confiscated the firearms of these citizens, in contravention of \n the Second Amendment, depriving these citizens of the right to \n keep and bear arms and rendering them helpless against criminal \n activity.\n (6) These confiscations were carried out at gunpoint, by \n nonconsensual entries into private homes, by traffic \n checkpoints, by stoppage of boats, and otherwise by force.\n (7) The citizens from whom firearms were confiscated were \n either in their own homes or attempting to flee the flooding \n and devastation by means of motor vehicle or boat, and were \n accosted, stopped, and arbitrarily deprived of their private \n property and means of protection.\n (8) The means by which the confiscations were carried out, \n which included intrusion into the home, temporary detention of \n persons, and seizures of property, constituted unreasonable \n searches and seizures and deprived these citizens of liberty \n and property without due process of law in violation of \n fundamental rights under the Constitution of the United States.\n (9) Many citizens who took temporary refuge in emergency \n housing were prohibited from storing firearms on the premises, \n and were thus treated as second-class citizens who had \n forfeited their constitutional right to keep and bear arms.\n (10) At least 1 highly-qualified search and rescue team was \n prevented from joining in relief efforts because the team \n included individuals with firearms, although these individuals \n had been deputized as Federal law enforcement officers.\n (11) These confiscations and prohibitions, and the means by \n which they were carried out, deprived the citizens of Louisiana \n not only of their right to keep and bear arms, but also of \n their rights to personal security, personal liberty, and \n private property, all in violation of the Constitution and laws \n of the United States.\n\nSEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL \n EMERGENCIES.\n\n Title VII of the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 706. FIREARMS POLICIES.\n\n ``(a) Prohibition on Confiscation of Firearms.--No officer or \nemployee of the United States (including any member of the uniformed \nservices), person operating pursuant to or under color of Federal law, \nreceiving Federal funds, under the control of any Federal official, or \nproviding services to such an officer, employee, or other person, while \nacting in support of relief from a major disaster or emergency, may--\n ``(1) temporarily or permanently seize, or authorize \n seizure of, any firearm the possession of which is not \n prohibited under Federal or State law, other than for \n forfeiture in compliance with Federal law or as evidence in a \n criminal investigation;\n ``(2) require the registration of any firearm for which \n registration is not required by Federal or State law;\n ``(3) prohibit the possession of any firearm, or promulgate \n any rule, regulation, or order prohibiting the possession of \n any firearm, in any place or by any person where such \n possession is not otherwise prohibited by Federal or State law; \n or\n ``(4) prohibit the carrying of a firearm by any person \n otherwise authorized to carry firearms under Federal or State \n law, solely because such person is operating under the \n direction, control, or supervision of a Federal agency in \n support of relief from a major disaster or emergency.\n ``(b) Private Rights of Action.--\n ``(1) In general.--Any individual aggrieved by a violation \n of this section may seek relief in an action at law, suit in \n equity, or other proper proceeding for redress against any \n person who subjects such individual, or causes such individual \n to be subjected, to the deprivation of any of the rights, \n privileges, or immunities secured by this section.\n ``(2) Remedies.--In addition to any existing remedy in law \n or equity, under any law, an individual aggrieved by the \n seizure or confiscation of a firearm in violation of this \n section may bring an action for the return of such firearm in \n the United States district court in the district in which that \n individual resides or in which such firearm may be found.\n ``(3) Attorney fees.--In any action or proceeding to \n enforce this section, the court shall award the prevailing \n party, other than the United States, a reasonable attorney's \n fee as part of the costs.''.","summary":"Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any US officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from: (1) seizing, or authorizing seizure of, any firearm the possession of which is not prohibited under federal or state law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation. (2) requiring registration of any firearm for which registration is not required by federal or state law. (3) prohibiting possession of any firearm in any place or by any person where such possession is not otherwise prohibited. Or (4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, solely because such person is operating under the direction, control, or supervision of a federal agency in support of relief from a major disaster or emergency. Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in US district court for return of a confiscated firearm.","title":"A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies.","text_len":6343,"sum_len":1279} {"bill_id":"111_hr2376","text":"SECTION 1. FINDINGS.\n\n (a) Findings.--Congress finds the following:\n (1) The United Nations Human Rights Council fails to \n adequately reform the United Nations Commission on Human \n Rights, thus preventing the Council from becoming an effective \n monitor of human rights throughout the world.\n (2) The United Nations Commission on Human Rights was \n created in 1946 to monitor and prevent the abuse of human \n rights throughout the world. It failed miserably to uphold even \n the most basic ideals enumerated in the United Nations Charter \n and the Universal Declaration on Human Rights. It lost its \n credibility as an instrument for the promotion and protection \n of human rights and instead allowed repressive regimes to \n shield themselves from criticism for their human rights \n violations.\n (3) The membership of the United Nations Commission on \n Human Rights constituted some of the worst abusers of human \n rights in the world, including the tyrannies of Cuba, Sudan, \n Libya, Belarus, the People's Republic of China, and Zimbabwe.\n (4) The United Nations Commission on Human Rights failed to \n act or speak out against numerous cases of egregious human \n rights abuses, including the countless atrocities committed by \n communist regimes, the genocide in Rwanda in 1994, and the \n ongoing genocide in Darfur caused by the Government of Sudan.\n (5) The United Nations Commission on Human Rights failed to \n condemn countries that sponsor terrorism (a glaring affront to \n human rights), including Iran, Syria, and North Korea.\n (6) The United Nations Commission on Human Rights had \n repeatedly vilified Israel, the only democracy in the Middle \n East, while overlooking horrific human rights abuses throughout \n the Middle East. A recent study found that 30 percent of all \n country-specific resolutions of the Commission critical of \n human rights have been directed at Israel, but none against \n persistent violators like China, Myanmar, Syria, or Zimbabwe.\n (7) Former United Nations Secretary General Kofi Annan \n repeatedly emphasized that meaningful reform of the United \n Nations Commission on Human Rights is a key element for making \n the United Nations more accountable, effective, and efficient, \n and that ``the Commission's declining credibility has cast a \n shadow on the reputation of the United Nations system''.\n (8) The creation of the United Nations Human Rights Council \n on March 15, 2006, failed to address the serious shortcomings \n of the United Nations Commission on Human Rights and fell far \n short of creating the small standing body composed of \n appropriate countries that was initially envisioned by Former \n Secretary General Annan, in his March 2005 report, ``In Larger \n Freedom: Towards Development, Security and Human Rights For \n All''.\n (9) The United Nations Human Rights Council succeeds only \n in making superficial changes to the structure of the United \n Nations Commission on Human Rights, masquerading motion as \n reform and placebo as treatment.\n (10) The United Nations Human Rights Council does not \n embody the recommended institutional reforms necessary to \n advance human rights.\n (11) The United Nations Human Rights Council cannot monitor \n cases of human rights abuse throughout the world, nor even \n prevent egregious human rights violators from being elected to \n the council itself. The only supposed protection--that a \n country can be suspended if two-thirds of the members of the \n General Assembly agree to do so--is useless, since less than \n half of the General Assembly could agree that Sudan was guilty \n of any human rights violations.\n (12) The United Nations Human Rights Council only reduces \n the number of seats on the council to 47 from 53, which is not \n enough to make the Council more efficient or more effective.\n (13) The United Nations Human Rights Council also retains \n geographical quotas that will only ensure that human rights \n abusers will continue to have access to membership on the \n council. Indeed, Israel, a constant target of United Nations \n ire, had been discriminated against by being denied full \n participatory rights in regional group meetings associated with \n the operation of the United Nations Human Rights Commission, \n while nonmembers of the United Nations, such as the Holy See \n and the Palestinian observer, participated in such meetings. \n The geographic quota system ensures a majority of membership \n slots for the world's least democratic regions.\n (14) The United States, while voting against the resolution \n creating the United Nations Human Rights Council, was unable to \n ensure that the Council would be structured to best promote and \n protect human rights around the globe.\n (15) If the United States, working with other like-minded \n countries, is not able to adequately reform the corrupt United \n Nations Human Rights Council, then the chances for the United \n States and other like-minded countries to effect the broader \n changes to the United Nations that are desired and needed to \n make the institution more effective are much reduced.\n (16) The first group of Member States elected to the new \n United Nations Human Rights Council includes nine countries \n that the democracy watchdog Freedom House designates as ``not \n free'', including the People's Republic of China, Cuba, Saudi \n Arabia, Russia, Pakistan, Tunisia, Algeria, Cameroon, and \n Azerbaijan.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the United Nations Human Rights Council--\n (A) should be a body that upholds the ideals \n enumerated in the United Nations Charter and the \n Universal Declaration on Human Rights;\n (B) should allow full participation by Israel in \n all operations associated with the Council; and\n (C) should be made up of countries that hold \n regular, competitive, and democratic elections, allow \n for freedom of expression, and have a credible civil \n society; and\n (2) the United States should not support the United Nations \n Human Rights Council, and should withhold any financial support \n for the Council until meaningful reforms related to the \n responsibilities of the United Nations for the protection of \n human rights are carried out.\n\nSEC. 3. WITHHOLDING FUNDING FOR THE UNITED NATIONS HUMAN RIGHTS \n COUNCIL.\n\n (a) In General.--The Secretary of State shall withhold from a \nUnited States contribution to a regularly assessed biennial budget of \nthe United Nations an amount that is equal to the percentage of such \ncontribution that the Secretary determines would be allocated by the \nUnited Nations to support the United Nations Human Rights Council.\n (b) Effective Date.--Subsection (a) shall take effect and apply \nbeginning on October 1, 2009, with respect to annual dues paid by the \nUnited States to the United Nations each fiscal year in connection with \nUnited States contributions to the regularly assessed biennial budgets \nof the United Nations.","summary":"Expresses the sense of Congress that the United Nations Human Rights Council should: (1) be a body that upholds the ideals enumerated in the United Nations Charter and the Universal Declaration on Human Rights, (2) allow full participation by Israel in Council operations. And (3) be made up of countries that hold regular democratic elections, permit freedom of expression, and have a credible civil society. Expresses the sense of Congress that the United States should not support the Council, and should withhold financial support for the Council until meaningful human rights reforms are carried out. Directs the Secretary of State to withhold from a US contribution to a regularly assessed biennial U. N. budget an amount equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to the Council.","title":"To withhold United States funding from the United Nations Human Rights Council.","text_len":7845,"sum_len":859} {"bill_id":"113_s1449","text":"SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF \n NONRESIDENT ALIENS AND FOREIGN CORPORATIONS.\n\n (a) United States Cruise Industry Income Treated as Effectively \nConnected to the Conduct of a Trade or Business Within the United \nStates.--\n (1) Income from sources without the united states.--\n (A) In general.--Paragraph (4) of section 864(c) of \n the Internal Revenue Code of 1986 is amended by \n redesignating subparagraph (D) as subparagraph (E) and \n by inserting after subparagraph (C) the following new \n subparagraph:\n ``(D) United states cruise industry income.--\n ``(i) In general.--United States cruise \n industry income shall be treated as effectively \n connected with the conduct of a trade or \n business within the United States.\n ``(ii) United states cruise industry \n income.--For purposes of this subparagraph, the \n term `United States cruise industry income' \n means income attributable to any covered \n passenger cruise (as defined in paragraph (8)), \n including income directly or indirectly \n attributable to the carriage of passengers and \n any on-board or off-board activities incidental \n to such covered passenger cruise.''.\n (B) Covered passenger cruise.--Subsection (c) of \n section 864 of such Code is amended by adding at the \n end the following new paragraph:\n ``(8) Covered passenger cruise.--For purposes of paragraph \n (4)(C)--\n ``(A) Definition.--\n ``(i) In general.--The term `covered \n passenger cruise' means a voyage of a \n commercial passenger cruise vessel--\n ``(I) that extends over 1 or more \n nights, and\n ``(II) during which passengers \n embark or disembark the vessel in the \n United States.\n ``(ii) Exceptions for certain voyages.--\n Such term shall not include any voyage--\n ``(I) on any vessel owned or \n operated by the United States, a State, \n or any subdivision thereof,\n ``(II) which occurs exclusively on \n the inland waterways of the United \n States, or\n ``(III) in which a vessel in the \n usual course of employment proceeds, \n without an intervening foreign port of \n call from one port or place in the \n United States to the same port or place \n or to another port or place in the \n United States.\n ``(B) Passenger cruise vessel.--For purposes of \n subparagraph (A)--\n ``(i) In general.--The term `passenger \n cruise vessel' means any passenger vessel \n having berth or stateroom accommodations for at \n least 250 passengers.\n ``(ii) Exceptions.--Such term shall not \n include any ferry, recreational vessel, sailing \n school vessel, small passenger vessel, offshore \n supply vessel, or any other vessel determined \n under regulations by the Secretary to be \n excluded from the application of this part.\n ``(iii) Definitions.--Any term used in this \n section which is used in chapter 21 of title \n 46, United States Code, shall have the meaning \n given such term under section 2101 of such \n title.''.\n (C) Conforming amendment.--Subparagraph (A) of \n section 864(c)(4) of such Code is amended by striking \n ``subparagraphs (B) and (C)'' and inserting \n ``subparagraphs (B), (C), and (D)''.\n (2) Income from sources within the united states.--\n Paragraph (4) of section 887(b) of such Code is amended by \n adding at the end the following flush sentence:\n``The preceding sentence shall not apply to with respect to any United \nStates source gross transportation income which is United States cruise \nindustry income (as defined in section 864(c)(4)(C)(ii)).''.\n (b) Repeal of Exemption From Gross Income for Certain Taxpayers.--\n (1) Nonresident aliens.--Paragraph (1) of section 872(b) of \n the Internal Revenue Code of 1986 is amended by inserting \n ``(other than United States cruise industry income (as defined \n in section 864(c)(4)(C)))'' after ``or ships''.\n (2) Foreign corporations.--Paragraph (1) of section 883(a) \n of such Code is amended by inserting ``(other than United \n States cruise industry income (as defined in section \n 864(c)(4)(C)))'' after ``or ships''.\n (c) Income Tax Treaties.--Section 894 of the Internal Revenue Code \nof 1986 is amended by adding at the end the following new subsection:\n ``(d) Special Rule for United States Cruise Industry Income.--\nNotwithstanding subsection (a), no tax exemption or reduced tax rate \nshall be permitted under any treaty of the United States with respect \nto United States cruise industry income (as defined in section \n864(c)(4)(C)).''.\n (d) Effective Date.--The amendments made by this section shall \napply to income attributable to voyages made after the date of the \nenactment of this Act.","summary":"Amends the Internal Revenue Code to treat United States cruise industry income as effectively connected with the conduct of a trade or business within the United States . Defines quot, United States cruise industry incomequot. As income attributable to a voyage of a commercial passenger cruise vessel that extends over 1 or more nights and during which passengers embark or disembark the vessel in the United States. Prohibits any tax exemption or reduced tax rate under any US treaty with respect to United States cruise industry income.","title":"A bill to amend the Internal Revenue Code of 1986 to provide that income attributable to certain passenger cruise voyages beginning or ending in the United States shall be treated as effectively connected with the conduct of a trade or business within the United States.","text_len":6307,"sum_len":539} {"bill_id":"110_hr6479","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``San Francisco Bay \nNational Wildlife Refuge Complex Establishment Act''.\n (b) Findings.--The Congress finds the following:\n (1) In 1974, the first congressionally-mandated national \n wildlife refuge in the country was established in San Francisco \n Bay, renamed in 1995 as the Don Edwards San Francisco Bay \n National Wildlife Refuge. It was the Nation's first urban \n refuge and remains the largest national wildlife refuge in a \n metropolitan area. The Service manages it as part of a Complex \n with the Antioch Dunes, Ellicott Slough, Farallon, Marin \n Islands, Salinas River, and San Pablo Bay National Wildlife \n Refuges, comprising more than 46,000 acres. The Complex's urban \n setting and high visitorship provide unique challenges and \n opportunities to advance the mission of the national wildlife \n refuge system, including engagement, education, and involvement \n of new constituencies.\n (2) The Complex represents a unique national asset within \n the National Wildlife Refuge System and should be a focal point \n for cutting edge research, science, and practice in habitat \n management and restoration, including projects in the areas \n of--\n (A) implementation of recovery plans for endangered \n and threatened wildlife species, and habitat \n conservation plans for tidal marsh and other priority \n ecosystems;\n (B) integrated ecosystem management and adaptive \n approaches to planning and implementation of landscape-\n scale ecosystem restoration;\n (C) carbon sequestration and natural shoreline \n protection benefits of tidal marsh restoration in the \n face of rising sea levels;\n (D) monitoring the health of key species and the \n value of habitat;\n (E) removal and control of harmful nonnative \n species;\n (F) public education and community stewardship \n opportunities in furtherance of the mission of the \n National Wildlife Refuge System;\n (G) public-private partnerships and collaborative \n conservation; and\n (H) establishing and documenting best practices and \n disseminating and replicating them throughout the \n National Wildlife Refuge System.\n\nSEC. 2. ESTABLISHMENT.\n\n (a) In General; Purposes.--For the purposes of preservation, \nconservation, restoration, and enhancement of highly significant \nwildlife habitat in the ecosystem known generally as San Francisco Bay \nin the State of California, protection of migratory waterfowl and other \nwildlife, including species known to be threatened or endangered with \nextinction, providing opportunities for wildlife-oriented recreation \nand nature study within the open space so preserved, the Secretary \nshall establish, in accordance with this Act, an urban ecosystem \nwildlife refuge complex to be known as the San Francisco Bay National \nWildlife Refuge Complex.\n (b) Objectives.--In addition to the purposes of the Refuge Complex \nspecified in subsection (a), the Refuge Complex shall be managed in \naccordance with all laws, regulations, executive orders, and \ncomprehensive conservation plans that applied before the date of the \nenactment of this Act to the San Francisco Bay National Wildlife Refuge \nComplex and for the following objectives:\n (1) To strengthen and complement existing resource \n management, conservation, restoration, and education programs \n and activities at the Refuge Complex in a manner consistent \n with the purposes set forth in subsection (a).\n (2) To conserve, enhance, and restore the native aquatic \n and terrestrial communities and their characteristics found \n within the Refuge Complex and the San Francisco Bay ecosystem \n in partnership with governmental, nongovernmental, and private \n organizations and private individuals dedicated to fish and \n wildlife habitat preservation, protection, recovery, \n restoration, or enhancement.\n (3) To facilitate partnerships among the Service, the State \n of California, regional and local governments, Indian tribes, \n communities, conservation organizations and other non-Federal \n entities to promote community stewardship and to enhance public \n awareness and appreciation among urban and metropolitan \n residents within the greater San Francisco Bay ecosystem of the \n natural resources of the Refuge Complex and the importance of \n maintaining fish and wildlife habitat to compensate for the \n significant scale of human development and land conversion that \n has occurred in this region of northern California.\n (4) To advance the collective goals, priorities, and \n strategies established in the covered report in order to \n protect, preserve, conserve, manage, restore, recover, or \n enhance fish and wildlife habitat in the San Francisco Bay \n ecosystem.\n (5) To provide for the systematic monitoring of key species \n and environmental health in general, to facilitate programs to \n control or eradicate harmful, non-native invasive species, to \n advance adaptive approaches to planning, carbon sequestration, \n and natural shoreline protection, and to implement landscape-\n level strategies for ecosystem recovery, restoration and \n enhancement.\n\nSEC. 3. REFUGE COMPLEX BOUNDARIES.\n\n (a) In General.--There shall be included within the boundaries of \nthe Refuge Complex those existing refuge dunes, beaches, marshes and \nsloughs, tidal flats, salt ponds, submerged lands, islands, and other \nlands and open waters in the San Francisco Bay and Monterey Bay \necosystems as generally depicted on the map entitled ``San Francisco \nBay NWR Complex'' and dated April 2008, including--\n (1) Antioch Dunes National Wildlife Refuge;\n (2) Don Edwards San Francisco Bay National Wildlife Refuge;\n (3) Ellicott Slough National Wildlife Refuge;\n (4) Farallon National Wildlife Refuge;\n (5) Marin Islands National Wildlife Refuge;\n (6) Salinas River National Wildlife Refuge;\n (7) San Pablo Bay National Wildlife Refuge; and\n (8) any other areas added to the Refuge Complex after date \n of enactment of this Act.\n (b) Availability of Map.--The map referred to in subsection (a) \nshall be held on file and available for public inspection in the \nappropriate offices of the Service.\n (c) Boundary Revisions.--The Secretary may from time to time make \nsuch corrections to the boundaries of the Refuge Complex as may be \nappropriate to carry out the purposes of the Refuge Complex as \nspecified under this Act or to facilitate the acquisition of property \nwithin the Refuge Complex pursuant to section 5.\n\nSEC. 4. NOTIFICATION OF ESTABLISHMENT AND ADMINISTRATION.\n\n (a) Notification of Establishment.--No later than 180 days after \ndate of enactment of this Act, the Secretary shall establish the Refuge \nComplex by publication of a notice to that effect in the Federal \nRegister.\n (b) Administration.--Prior to the establishment of the Refuge \nComplex and thereafter, the Secretary shall administer all federally \nowned lands, waters, and interests therein acquired for the Refuge \nComplex in accordance with the National Wildlife Refuge System \nAdministration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The \nSecretary may utilize such additional statutory authority as may be \navailable to the Secretary for the conservation, management, and \nrestoration of fish and wildlife and natural resources, the development \nof wildlife dependent outdoor recreation opportunities, and \nfacilitation of fish and wildlife interpretation and education as the \nSecretary considers appropriate to carry out the purposes of this Act.\n (c) Priority Uses.--In providing opportunities for compatible fish \nand wildlife dependent recreation, the Secretary, in accordance with \nparagraphs (3) and (4) of section 4(a) of the National Wildlife Refuge \nSystem Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure \nthat hunting, fishing, wildlife observation, photography, and \nenvironmental education and interpretation are the priority public uses \nof the Refuge Complex. Each refuge within the Refuge Complex shall \ncontinue to provide those uses compatible with the establishment of \nthat refuge.\n (d) Cooperative Agreements Regarding Non-Federal Lands.--The \nSecretary may enter into cooperative agreements with the State of \nCalifornia, its departments or agencies, or any political subdivision \nthereof, and with any other person for the management in a manner \nconsistent with this Act of lands that are owned by such State, \nsubdivision, or other person and located within the boundaries of the \nRefuge Complex and to promote public awareness of the natural resources \nof the San Francisco Bay ecosystem and encourage public participation \nin the conservation of those resources.\n\nSEC. 5. ACQUISITION AND TRANSFER OF LANDS AND WATERS FOR REFUGE \n COMPLEX.\n\n (a) Acquisitions.--The Secretary may acquire by donation, purchase \nwith donated or appropriated funds, or exchange the lands and waters or \ninterests therein (including conservation easements) within the \nboundaries of the Refuge Complex, except that lands, waters, and \ninterests therein owned by the State of California may be acquired only \nby donation.\n (b) Transfers From Other Agencies.--Any Federal property located \nwithin the boundaries of the Refuge Complex as described by this Act, \nthat is under the administrative jurisdiction of a department or agency \nof the United States other than the Department of the Interior may, \nwith the mutual concurrence of the head of the administering department \nor agency and the Secretary, be transferred without consideration to \nthe administrative jurisdiction of the Secretary for the purposes of \nthis Act.\n\nSEC. 6. REPEAL.\n\n Public Law 92-330 is repealed effective upon the date on which the \nSecretary publishes a notice of establishment of the Refuge Complex \nunder section 4(a).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary--\n (1) such sums as may be necessary for the acquisition of \n lands and waters, or interests in lands and waters, within the \n Refuge Complex;\n (2) such sums as may be necessary for the development, \n operation and maintenance of the Refuge Complex; and\n (3) such sums as may be necessary to facilitate the \n recovery and restoration of fish and wildlife habitats within \n the Refuge Complex.\n\nSEC. 8. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``covered report'' means the report entitled \n ``Baylands Ecosystem Habitat Goals: A Report of Habitat \n Recommendations Prepared By the San Francisco Bay Area Wetlands \n Ecosystem Goals Project, U.S. Environmental Protection Agency, \n San Francisco, California\/S.F. Bay Regional Water Quality \n Control Board, Oakland, California. 1999'';\n (2) the term ``harmful non-native species'' means, with \n respect to a particular ecosystem in a particular region, any \n species, including its seeds, eggs, spores, or other biological \n material capable of propagating that species, that is not \n native to that ecosystem and has a demonstrable or potentially \n demonstrable negative environmental or economic impact in that \n region;\n (3) the term ``Indian tribe'' has the meaning given the \n term in section 4 of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 450b);\n (4) the term ``Refuge Complex'' means the San Francisco Bay \n National Wildlife Refuge Complex established by this Act;\n (5) the term ``Secretary'' means the Secretary of the \n Interior; and\n (6) the term ``Service'' means the United States Fish and \n Wildlife Service.","summary":"San Francisco Bay National Wildlife Refuge Complex Establishment Act - Directs the Secretary of the Interior to establish the San Francisco Bay National Wildlife Refuge Complex as an urban ecosystem wildlife refuge and to publish notice of its establishment in the Federal Register. Establishes boundaries for the Refuge Complex and authorizes the Secretary to make corrections to its boundaries. Repeals Public Law 92-330 as of the date on which the Secretary publishes notice of the establishment of the Refuge Complex in the Federal Register.","title":"To provide for the establishment of the San Francisco Bay National Wildlife Refuge Complex.","text_len":12601,"sum_len":545} {"bill_id":"112_hr1670","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sikes Act Amendments Act of 2011''.\n\nSEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR \n THE NATIONAL DEFENSE.\n\n (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is \namended as follows:\n (1) Definitions.--Section 100 (16 U.S.C. 670) is amended--\n (A) by redesignating paragraphs (2) and (3) as \n paragraphs (4) and (5), respectively; and\n (B) by inserting after paragraph (1) the following \n new paragraphs:\n ``(2) State.--The term `State' means any of the several \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, Guam, the Commonwealth of the Northern Mariana Islands, \n American Samoa, and the Virgin Islands.\n ``(3) State-owned national guard installation.--The term \n `State-owned National Guard installation' means land owned and \n operated by a State when such land is used for training the \n National Guard pursuant to chapter 5 of title 32, United States \n Code, with funds provided by the Secretary of Defense or the \n Secretary of a military department, even though such land is \n not under the jurisdiction of the Department of Defense.''.\n (2) Funding of integrated natural resources management \n plans.--Section 101 (16 U.S.C. 670a) is amended--\n (A) in subsection (a)(1)(B)--\n (i) by inserting ``(i)'' before ``To \n facilitate''; and\n (ii) by adding at the end the following new \n clause:\n ``(ii) The Secretary of a military department may, \n subject to the availability of appropriations, develop \n and implement an integrated natural resources \n management plan for a State-owned National Guard \n installation. Such a plan shall be developed and \n implemented in coordination with the chief executive \n officer of the State in which the State-owned National \n Guard installation is located. Such a plan is deemed, \n for purposes of any other provision of law, to be for \n lands or other geographical areas owned or controlled \n by the Department of Defense, or designated for its \n use.'';\n (B) in subsection (a)(2), by inserting ``or State-\n owned National Guard installation'' after ``military \n installation'' both places it appears;\n (C) in subsection (a)(3)--\n (i) by redesignating subparagraphs (A), \n (B), and (C) as clauses (i), (ii), and (iii), \n respectively;\n (ii) by inserting ``(A)'' before \n ``Consistent'';\n (iii) in subparagraph (A), as designated by \n clause (ii) of this subparagraph, by inserting \n ``and State-owned National Guard \n installations'' after ``military \n installations'' the first place it appears;\n (iv) in clause (i) of subparagraph (A), as \n redesignated by clause (i) of this \n subparagraph, by striking ``military \n installations'' and inserting ``such \n installations'';\n (v) in clause (ii) of subparagraph (A), as \n redesignated by clause (i) of this \n subparagraph, by inserting ``on such \n installations'' after ``resources''; and\n (vi) by adding at the end the following \n subparagraph:\n ``(B) In the case of a State-owned National Guard \n installation, such program shall be carried out in coordination \n with the chief executive officer of the State in which the \n installation is located.'';\n (D) in subsection (b), by inserting ``and State-\n owned National Guard installations'' after ``military \n installations'' the first place it appears;\n (E) in subparagraphs (G) and (I) of subsection \n (b)(1), by striking ``military installation'' each \n place it appears and inserting ``installation''; and\n (F) in subsection (b)(3), by inserting ``, in the \n case of a military installation,'' after ``(3) may''.\n (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. \n 670c-1(a)) is amended--\n (A) in paragraph (1), by striking ``Department of \n Defense installations'' and inserting ``military \n installations and State-owned National Guard \n installations''; and\n (B) in paragraph (2), by striking ``Department of \n Defense installation'' and inserting ``military \n installation or State-owned National Guard \n installation''.\n (b) Section and Subsection Headings.--Such Act is further amended \nas follows:\n (1) Section 101 (16 U.S.C. 670a) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';\n\n (B) by striking ``Sec. 101.'';\n (C) in subsection (c), by inserting ``Prohibitions \n on Sale and Lease of Lands Unless Effects Compatible \n With Plan.--'' after ``(c)'';\n (D) in subsection (d), by inserting \n ``Implementation and Enforcement of Integrated Natural \n Resources Management Plans.--'' after (d); and\n (E) in subsection (e)--\n (i) by inserting ``Applicability of Other \n Laws.--'' after ``(e)''; and\n (ii) by inserting a comma after ``Code''.\n (2) Section 102 (16 U.S.C. 670b) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';\n\n (B) by striking ``Sec. 102.'' and inserting ``(a) \n Integrated Natural Resources Management Plan.--''; and\n (C) by striking ``agency:'' and all that follows \n through ``possession'' and inserting ``agency.\n ``(b) Applicability of Other Laws.--Possession''.\n (3) Section 103a (16 U.S.C. 670c-1) is further amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT \n ON INSTALLATIONS.'';\n\n (B) by striking ``Sec. 103a.'';\n (C) in subsection (a), by inserting ``Authority of \n Secretary of Military Department.--'' after ``(a)''; \n and\n (D) in subsection (c), by inserting ``Availability \n of Funds; Agreements Under Other Laws.--'' after \n ``(c)''.\n (4) Section 104 (16 U.S.C. 670d) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';\n\n and\n (B) by striking ``Sec. 104.''.\n (5) Section 105 (16 U.S.C. 670e) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.'';\n\n and\n (B) by striking ``Sec. 105.''.\n (6) Section 108 (16 U.S.C. 670f) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';\n\n (B) by striking ``Sec. 108.'';\n (C) in subsection (a), by inserting ``Expenditures \n of Collected Funds Under Integrated Natural Resources \n Management Plans.--'' after ``(a)'';\n (D) in subsection (b), by inserting ``Authorization \n of Appropriations to Secretary of Defense.--'' after \n ``(b)'';\n (E) in subsection (c), by inserting ``Authorization \n of Appropriations to Secretary of the Interior.--'' \n after ``(c)''; and\n (F) in subsection (d), by inserting ``Use of Other \n Conservation or Rehabilitation Authorities.--'' after \n ``(d)''.\n (7) Section 201 (16 U.S.C. 670g) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION \n PROGRAMS.'';\n\n (B) by striking ``Sec. 201.'';\n (C) in subsection (a), by inserting ``Programs \n Required.--'' after ``(a)''; and\n (D) in subsection (b), by inserting \n ``Implementation of Programs.--'' after ``(b)''.\n (8) Section 202 (16 U.S.C. 670h) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION \n PROGRAMS.'';\n\n (B) by striking ``Sec. 202.'';\n (C) in subsection (a), by inserting ``Development \n of Plans.--'' after ``(a)'';\n (D) in subsection (b), by inserting ``Consistency \n With Overall Land Use and Management Plans; Hunting, \n Trapping, and Fishing.--'' after ``(b)'';\n (E) in subsection (c), by inserting ``Cooperative \n Agreements by State Agencies for Implementation of \n Programs.--'' after ``(c)''; and\n (F) in subsection (d), by inserting ``State Agency \n Agreements Not Cooperative Agreements Under Other \n Provisions.--'' after ``(d)''.\n (9) Section 203 (16 U.S.C. 670i) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, \n AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';\n\n (B) by striking ``Sec. 203.'';\n (C) in subsection (a), by inserting ``Agreements To \n Require Stamps.--'' after ``(a)''; and\n (D) in subsection (b)--\n (i) by inserting ``Conditions for \n Agreements.--'' after ``(b)''; and\n (ii) by moving paragraph (3) 2 ems to the \n right, so that the left-hand margin aligns with \n that of paragraph (2).\n (10) Section 204 (16 U.S.C. 670j) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 204. ENFORCEMENT PROVISIONS.'';\n\n (B) by striking ``Sec. 204.'';\n (C) in subsection (a), by inserting ``Violations \n and Penalties.--'' after ``(a)'';\n (D) in subsection (b), by inserting ``Enforcement \n Powers and Proceedings.--'' after ``(b)'';\n (E) in subsection (c), by inserting ``Seizure and \n Forfeiture.--'' after ``(c)''; and\n (F) in subsection (d), by inserting ``Applicability \n of Customs Laws.--'' after ``(d)''.\n (11) Section 205 (16 U.S.C. 670k) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 205. DEFINITIONS.'';\n\n and\n (B) by striking ``Sec. 205.''.\n (12) Section 206 (16 U.S.C. 670l) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND \n BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.'';\n\n and\n (B) by striking ``Sec. 206.''.\n (13) Section 207 (16 U.S.C. 670m) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING \n INDIAN RIGHTS.'';\n\n and\n (B) by striking ``Sec. 207.''.\n (14) Section 209 (16 U.S.C. 670o) is amended--\n (A) by inserting at the beginning the following:\n\n``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';\n\n (B) by striking ``Sec. 209.'';\n (C) in subsection (a), by inserting ``Functions and \n Responsibilities of Secretary of the Interior.--'' \n after ``(a)'';\n (D) in subsection (b), by inserting ``Functions and \n Responsibilities of Secretary of Agriculture.--'' after \n ``(b)'';\n (E) in subsection (c), by inserting ``Use of Other \n Conservation or Rehabilitation Authorities.--'' after \n ``(c)''; and\n (F) in subsection (d), by inserting ``Contract \n Authority.--'' after ``(d)''.\n (c) Codification of Change of Name.--Section 204(b) of such Act (16 \nU.S.C. 670j) is amended by striking ``magistrate'' both places it \nappears and inserting ``magistrate judge''.\n (d) Repeal of Obsolete Section.--Section 208 of such Act is \nrepealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated \nas section 208.\n ","summary":"Sikes Act Amendments Act of 2011 - Amends the Sikes Act to include under such Act's coverage state-owned facilities used for National Guard training. Authorizes the Secretary of a military department to develop and implement an integrated natural resources management plan for a state-owned National Guard installation.","title":"To amend the Sikes Act to improve the application of that Act to State-owned facilities used for the national defense.","text_len":14065,"sum_len":319} {"bill_id":"114_hr1271","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Concussion Awareness and Education \nAct of 2015''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n The table of contents of this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\nSec. 3. Findings; purposes.\nSec. 4. Surveillance of sports-related concussions.\nSec. 5. Research.\nSec. 6. Dissemination of information.\nSec. 7. Concussion Research Commission.\n\nSEC. 3. FINDINGS; PURPOSES.\n\n (a) Findings.--The Congress finds as follows:\n (1) There is currently no comprehensive system for \n acquiring accurate data on the incidence of sports- and \n recreation-related concussions across youth age groups and \n sports.\n (2) Overall, according to a report entitled ``Sports-\n Related Concussions in Youth: Improving the Science, Changing \n the Culture'', issued by the National Academies in 2013, each \n year in the United States, there are approximately 1.6 to 3.8 \n million sports- and recreation-related traumatic brain \n injuries, including concussions and other head injuries. These \n figures are based on conservative estimates.\n (3) Between 2001 and 2009, the reported number of our youth \n ages 21 and under treated in an emergency department for \n concussion and other non-fatal sports and recreation-related \n traumatic brain injuries increased from 150,000 to 250,000.\n (4) Over the same time period between 2001 and 2009, the \n rate of emergency room visits for concussive injuries increased \n by 57 percent.\n (5) Yet, according to the National Academies there \n currently is--\n (A) a lack of data to accurately estimate the \n incidence of sports-related concussions across a \n variety of sports and for youth across the pediatric \n age spectrum; and\n (B) no comprehensive system for acquiring accurate \n data on the incidence of sports- and recreation-related \n concussions across all youth age groups and sports.\n (6) Currently, there are significant information gaps in \n the proper protocol for diagnosis and treatment of sports-\n related concussions and more research desperately is needed.\n (b) Purposes.--The purposes of this Act are--\n (1) to increase awareness and knowledge about concussions \n through development of, implementation of, and evaluation of \n the effectiveness of, large-scale collaborative efforts and \n research by entities including, but not limited to, national \n sports associations, State high school associations, trainers' \n associations, appropriate Federal entities, and other \n stakeholders such as parents, coaches, and students; and\n (2) to change the culture (including social norms, \n attitudes, and behaviors) surrounding concussions among \n elementary school youth and their parents, coaches, sports \n officials, educators, trainers, and health care professionals, \n taking into account demographic variations across population \n groups, where appropriate.\n\nSEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.\n\n Title III of the Public Health Service Act is amended by inserting \nafter section 317T of such Act (42 U.S.C. 247b-22) the following:\n\n``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.\n\n ``(a) In General.--The Secretary of Health and Human Services, \nacting through the Director of the Centers for Disease Control and \nPrevention, and taking into account other Federal data collection \nefforts, shall--\n ``(1) establish and oversee a national system to accurately \n determine the incidence of sports-related concussions among \n youth; and\n ``(2) begin implementation of such system not later than 1 \n year after the date of enactment of the Concussion Awareness \n and Education Act of 2015.\n ``(b) Data To Be Collected.--The data collected under subsection \n(a) shall, to the extent feasible, include each of the following:\n ``(1) The incidence of sports related concussions in \n individuals 5 through 21 years of age.\n ``(2) Demographic information of the injured individuals, \n including age, sex, race, and ethnicity.\n ``(3) Pre-existing conditions of the injured individuals, \n such as attention deficit hyperactivity disorder and learning \n disabilities.\n ``(4) The concussion history of the injured individuals, \n such as the number and dates of prior concussions.\n ``(5) The use of protective equipment and impact monitoring \n devices.\n ``(6) The qualifications of personnel diagnosing the \n concussions.\n ``(7) The cause, nature, and extent of the concussive \n injury, including--\n ``(A) the sport or activity involved;\n ``(B) the recreational or competitive level of the \n sport or activity involved;\n ``(C) the event type involved, including whether it \n was practice or competition;\n ``(D) the impact location on the body;\n ``(E) the impact nature, such as contact with a \n playing surface, another player, or equipment; and\n ``(F) signs and symptoms consistent with a \n concussion.''.\n\nSEC. 5. RESEARCH.\n\n Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. RESEARCH ON CONCUSSIONS IN YOUTH.\n\n ``Beginning not later than 1 year after the date of enactment of \nthe Concussion Awareness and Education Act of 2015, the Director of NIH \nshall conduct or support--\n ``(1) research designed to inform the creation of age-\n specific, evidence-based guidelines for the management of \n short- and long-term sequelae of concussion in youth;\n ``(2) research on the effects of concussions and repetitive \n head impacts on quality of life and the activities of daily \n living;\n ``(3) research to identify predictors, and modifiers of \n outcomes, of concussions in youth, including the influence of \n socioeconomic status, race, ethnicity, sex, and comorbidities; \n and\n ``(4) research on age- and sex-related biomechanical \n determinants of injury risk for concussion in youth, including \n how injury thresholds are modified by the number of and time \n interval between head impacts and concussions.''.\n\nSEC. 6. DISSEMINATION OF INFORMATION.\n\n (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nshall develop and disseminate to the public information regarding \nconcussions.\n (b) Arrangements With Other Entities.--In carrying out paragraph \n(1), the Secretary may disseminate information through arrangements \nwith nonprofit organizations, consumer groups, Federal, State, or local \nagencies, or the media.\n\nSEC. 7. CONCUSSION RESEARCH COMMISSION.\n\n (a) Establishment.--There is established a Concussion Research \nCommission (referred to in this section as the ``Commission'').\n (b) Membership.--\n (1) Appointment.--The Commission shall be composed of the \n following nine members:\n (A) Five shall be appointed by the President.\n (B) One shall be appointed by the Speaker of the \n House of Representatives.\n (C) One shall be appointed by the minority leader \n of the House of Representatives.\n (D) One shall be appointed by the majority leader \n of the Senate.\n (E) One shall be appointed by the minority leader \n of the Senate.\n (2) Qualifications.--To be eligible for appointment under \n paragraph (1), an individual shall--\n (A) have experience with research, treatment, and \n prevention with respect to all types of concussive \n injuries; and\n (B) be a leading medical or scientific expert, or \n an otherwise authoritatively qualified expert, in one \n or more relevant fields.\n (3) Terms.--Each member of the Commission shall be \n appointed for the life of the Commission.\n (4) Vacancies.--Any member appointed to fill a vacancy \n occurring before the expiration of the term for which the \n member's predecessor was appointed shall be appointed only for \n the remainder of that term. A member may serve after the \n expiration of that member's term until a successor has taken \n office. A vacancy in the Commission shall be filled in the \n manner in which the original appointment was made.\n (5) No pay.--The members of the Commission shall serve \n without pay. Members of the Commission who are full-time \n officers or employees of the United States or Members of \n Congress may not receive additional pay, allowances, or \n benefits by reason of their service on the Commission.\n (6) Travel expenses.--Each member of the Commission shall \n receive travel expenses, including per diem in lieu of \n subsistence, in accordance with applicable provisions under \n subchapter I of chapter 57 of title 5, United States Code.\n (7) Resources.--The Secretary shall ensure that appropriate \n personnel, funding, and other resources are provided to the \n Committee to carry out its responsibilities.\n (c) Meetings.--The Commission shall meet at least 4 times each \nyear.\n (d) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, without \nreimbursement, any of the personnel of that department or agency to the \nCommission to assist in carrying out this section.\n (e) Study.--The Commission shall--\n (1) study the programs and activities conducted pursuant to \n this Act; and\n (2) based on the results of such programs and activities, \n formulate systemic recommendations for furthering the purposes \n of this Act, as described in section 3(b).\n (f) Review of National Academies Report.--The Commission shall \nreview the report of the National Academies entitled ``Sports-Related \nConcussions in Youth: Improving the Science, Changing the Culture'' and \nrecommend corrections or updates to such report, as the Commission \ndetermines appropriate.\n (g) Reporting.--\n (1) Interim reports.--Every 6 months, the Commission shall \n submit to the appropriate committees of Congress an interim \n report on the Commission's activities.\n (2) Final report.--Not later than 36 months after the date \n of enactment of this Act, the Commission shall submit to the \n appropriate committees of Congress, and make available to the \n public, a final report on the results of the Commission's study \n under subsection (e) and review under subsection (f).\n (h) Termination.--The Commission shall terminate upon the date of \nsubmission of the final report required by subsection (g)(2), unless \nthe Secretary of Health and Human Services chooses to maintain the \nCommission beyond such date.","summary":"Concussion Awareness and Education Act of 2015 Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to: (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions among youth, and (2) begin implementation of such system within one year of this Act's enactment. Requires the data collected to include: the incidence of sports related concussions in individuals 5 through 21 years of age, demographic information of the injured individuals, pre-existing conditions of the injured individuals, the concussion history of the injured individuals, the use of protective equipment and impact monitoring devices, the qualifications of personnel diagnosing the concussions. And the cause, nature, and extent of the concussive injury. Requires the National Institutes of Health to conduct or support: research designed to inform the creation of guidelines for the management of short- and long-term sequelae of concussion in youth. Research on the effects of concussions and repetitive head impacts on quality of life and the activities of daily living. Research to identify predictors, and modifiers of outcomes, of concussions in youth. And research on age- and sex-related biomechanical determinants of injury risk for concussion in youth. Requires CDC to develop and disseminate to the public information regarding concussions. Establishes a Concussion Research Commission, which shall study the programs and activities conducted pursuant to this Act and formulate systemic recommendations to increase knowledge about, and change the culture surrounding, concussions.","title":"Concussion Awareness and Education Act of 2015","text_len":11713,"sum_len":1662} {"bill_id":"112_s1312","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Asset Forfeiture Responsibility Act \nof 2011''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to strengthen and improve monitoring in \nthe fisheries across the United States.\n\nSEC. 3. FISHERIES INVESTMENT FUND.\n\n (a) Establishment.--There is established in the general fund of the \nTreasury a separate account, which shall be known as the ``Fisheries \nInvestment Fund''.\n (b) Source of Funds.--\n (1) In general.--All sums received by the United States as \n fines, penalties, and forfeitures of property for violations of \n any provision of the Magnuson-Stevens Fishery Conservation and \n Management Act (16 U.S.C. 1801 et seq.) or any other marine \n resource law enforced by the Secretary of Commerce shall be \n deposited into the Fisheries Investment Fund.\n (2) Availability of funds.--Fees deposited in the Fisheries \n Investment Fund State shall remain available until expended.\n (c) Use of Funds.--Fees deposited in the Fisheries Investment Fund \nshall be used--\n (1) subject to subsection (d), to reimburse reasonable \n attorneys' fees to a covered person; and\n (2) to conduct--\n (A) the audit required by subsection (e);\n (B) enforcement activities as described in section \n 311(e)(1) of the Magnuson-Stevens Fishery Conservation \n and Management Act (16 U.S.C. 1861(e)(1)), as amended \n by section 5; and\n (C) monitoring activities as described in \n subsection (l) of section 305 of the Magnuson-Stevens \n Fishery Conservation and Management Act (16 U.S.C. \n 1855(l)), as added by section 4.\n (d) Reimbursement of Attorneys' Fees.--\n (1) Authority to provide reimbursement.--During fiscal \n years 2012 and 2013, the Secretary of Commerce may reimburse \n the reasonable attorneys' fees of a covered person pursuant to \n subsection (c)(1).\n (2) Application.--A covered person seeking reimbursement \n under paragraph (1) shall submit to the Secretary an \n application for such reimbursement no more than 60 days after \n the date the Secretary directs a fisheries enforcement penalty \n be remitted to the covered person.\n (3) Definitions.--In this section:\n (A) Covered person.--The term ``covered person'' \n means any person--\n (i) that the Secretary of Commerce has \n directed be remitted a fisheries enforcement \n penalty at the recommendation of the report of \n Special Master Swartwood; or\n (ii) that--\n (I) submitted a complaint to the \n Special Master prior to May 7, 2011, \n seeking remittance of a fisheries \n enforcement penalty; and\n (II) the Secretary directs to \n receive such remittance or a portion of \n such remittance.\n (B) Reasonable attorneys' fees.--The term \n ``reasonable attorneys' fees'' means attorneys' fees \n expended by a covered person--\n (i) seeking remittance of a fisheries \n enforcement penalty that the Secretary of \n Commerce directs be remitted to the covered \n person;\n (ii) that were incurred by the covered \n person prior to the date that is 60 days after \n such fisheries enforcement penalty was directed \n by the Secretary to be remitted to the covered \n person; and\n (iii) that the Secretary determines are \n reasonable.\n (e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the \nSecretary of Commerce or the Secretary of the Treasury shall--\n (1) prepare an annual audit plan for the Fisheries \n Investment Fund;\n (2) submit each such audit plan to the Inspector General of \n the Department of Commerce or the Inspector General of the \n Department of the Treasury, as appropriate;\n (3) carry out the audit; and\n (4) submit the final audit results to the Inspector General \n of the Department of Commerce or the Inspector General of the \n Department of the Treasury, as appropriate, upon completion.\n (f) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n Secretary of Commerce from the Fisheries Investment Fund for \n each fiscal year beginning with fiscal year 2012--\n (A) for the reimbursement of reasonable attorneys' \n fees pursuant to subsection (d), the amount necessary \n to provide such reimbursement;\n (B) for an audit required by subsection (e), the \n amount necessary to conduct such audit;\n (C) for enforcement activities described in section \n 311(e)(1) of the Magnuson-Stevens Fishery Conservation \n and Management Act (16 U.S.C. 1861(e)(1)), as amended \n by section 5, an amount that is not more than 33 \n percent of the total remaining amount in the Fund; and\n (D) for monitoring activities described in \n subsection (l) of section 305 of the Magnuson-Stevens \n Fishery Conservation and Management Act (16 U.S.C. \n 1855), as added by section 4, the total remaining \n amount in the Fund less any amount appropriated \n pursuant to the authorization in subparagraph (C).\n (2) Total remaining amount in the fund.--In this \n subsection, the term ``total remaining amount in the Fund'' \n means the following:\n (A) For fiscal years 2012, the amount received by \n the United States in fiscal year 2011 as fines, \n penalties, and forfeitures of property for violations \n of any provision of the Magnuson-Stevens Fishery \n Conservation and Management Act (16 U.S.C. 1801 et \n seq.) or any other marine resource law enforced by the \n Secretary of Commerce less--\n (i) the amount necessary to provide \n reimbursement pursuant to paragraph (1)(A) for \n fiscal year 2012; and\n (ii) the amount necessary to conduct an \n audit pursuant to paragraph (1)(B) for fiscal \n year 2012.\n (B) For a fiscal year after 2012, the amount \n deposited in the Fisheries Investment Fund for the \n prior fiscal year less--\n (i) the amount necessary to provide \n reimbursement pursuant to paragraph (1)(A) for \n the current fiscal year; and\n (ii) the amount necessary to conduct an \n audit pursuant to paragraph (1)(B) for the \n current fiscal year.\n\nSEC. 4. USE OF FUNDS FOR MONITORING.\n\n Section 305 of the Magnuson-Stevens Fishery Conservation and \nManagement Act (16 U.S.C. 1855) is amended by adding at the end the \nfollowing new subsection:\n ``(l) Monitoring Activities.--\n ``(1) In general.--The Secretary may pay from sums \n appropriated to the Secretary for monitoring activities from \n the Fisheries Investment Fund established under section 3(a) of \n the Asset Forfeiture Responsibility Act of 2011 monitoring \n activities selected by the Councils, including, in order of \n priority--\n ``(A) at-sea observers and shoreside monitoring;\n ``(B) preparing fishery impact statements, as \n described in section 303(a)(9); and\n ``(C) other priorities established by a Council as \n necessary to rebuild or maintain sustainable fisheries, \n ensure healthy ecosystems, and maintain fishing \n communities.\n ``(2) Allocation of funds among councils.--For each fiscal \n year, the sums appropriated to the Secretary for monitoring \n activities from the Fisheries Investment Fund established under \n section 3(a) of the Asset Forfeiture Responsibility Act of 2011 \n and used to carry out monitoring activities under paragraph (1) \n shall be allocated among the Councils so that the proportion of \n such sums that a Council receives is equal to the proportion of \n the sums deposited in such Fund from violations occurring in \n the area over which that Council exercises fishery management \n jurisdiction.''.\n\nSEC. 5. USE OF FUNDS FOR ENFORCEMENT.\n\n (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery \nConservation and Management Act (16 U.S.C. 1861(e)) is amended--\n (1) in paragraph (1)--\n (A) by amendment the material preceding \n subparagraph (A) to read as follows:\n ``(1) The Secretary may pay from sums appropriated to the \n Secretary for enforcement activities from the Fisheries \n Investment Fund established under section 3(a) of the Asset \n Forfeiture Responsibility Act of 2011--''; and\n (B) by striking subparagraph (C); and\n (2) in paragraph (2), by moving such paragraph two ems to \n the left.\n (b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens \nFishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended \nby striking paragraph (4).\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall apply with \nrespect to sums received on or after the date of the enactment of this \nAct.","summary":"Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended. Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance. And (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act. Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person. Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund.","title":"A bill to strengthen and improve monitoring in the fisheries across the United States and for other purposes.","text_len":10435,"sum_len":2236} {"bill_id":"107_hr3364","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Coverage Assistance for \nthe Unemployed Act of 2001''.\n\nSEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE.\n\n (a) Establishment.--\n (1) In general.--Not later than 60 days after the date of \n enactment of this Act, the Secretary of Labor shall establish a \n program under which premium assistance for COBRA continuation \n coverage shall be provided for qualified individuals under this \n section.\n (2) Qualified individuals.--For purposes of this section, a \n qualified individual is an individual who--\n (A) establishes that the individual--\n (i) on or after January 1, 2001, and before \n January 1, 2003, became entitled to elect COBRA \n continuation coverage (other than solely on the \n basis described in paragraph (3), (4), (5), or \n (6) of section 603 of the Employee Retirement \n Income Security Act of 1974); and\n (ii) has elected such coverage; and\n (B) enrolls in the premium assistance program under \n this section by not later than December 31, 2002.\n (b) Limitation of Period of Premium Assistance.--Premium assistance \nprovided under this subsection shall end with respect to an individual \non the earlier of--\n (1) the date the individual is no longer covered under \n COBRA continuation coverage; or\n (2) 18 months after the date the individual is first \n enrolled in the premium assistance program established under \n this section.\n (c) Payment, and Crediting of Assistance.--\n (1) Amount of assistance.--Premium assistance provided \n under this section shall be equal to 75 percent of the amount \n of the premium required for the COBRA continuation coverage.\n (2) Provision of assistance.--Premium assistance provided \n under this section shall be provided through the establishment \n of direct payment arrangements with the administrator of the \n group health plan (or other entity) that provides or \n administers the COBRA continuation coverage. It shall be a \n fiduciary duty of such administrator (or other entity) to enter \n into such arrangements under this section.\n (3) Premiums payable by qualified individual reduced by \n amount of assistance.--Premium assistance provided under this \n section shall be credited by such administrator (or other \n entity) against the premium otherwise owed by the individual \n involved for such coverage.\n (d) Change in COBRA Notice.--\n (1) General notice.--\n (A) In general.--In the case of notices provided \n under sections 606 of the Employee Retirement Income \n Security Act of 1974, section 2206 of the Public Health \n Service Act, and section 4980B(f)(6) of the Internal \n Revenue Code of 1986 with respect to individuals who, \n on or after January 1, 2001, and before January 1, \n 2003, become entitled to elect COBRA continuation \n coverage, such notices shall include an additional \n notification to the recipient of the availability of \n premium assistance for such coverage under this \n section.\n (B) Alternative notice.--In the case of COBRA \n continuation coverage to which the notice provisions \n described in subparagraph (A) do not apply, the \n Secretary of Labor shall, in coordination with \n administrators of the group health plans (or other \n entities) that provide or administer the COBRA \n continuation coverage involved, assure provision of \n such notice.\n (C) Form.--The requirement of the additional \n notification under this paragraph may be met by \n amendment of existing notice forms or by inclusion of a \n separate document with the notice otherwise required.\n (2) Specific requirements.--Each additional notification \n under paragraph (1) shall include--\n (A) the forms necessary for establishing \n eligibility under subsection (a)(2)(A) and enrollment \n under subsection (a)(2)(B) in connection with the \n coverage with respect to each covered employee or other \n qualified beneficiary;\n (B) the name, address, and telephone number \n necessary to contact the plan administrator and any \n other person maintaining relevant information in \n connection with the premium assistance; and\n (C) the following statement displayed in a \n prominent manner:\n ``You may be eligible to receive assistance with payment of 75 \npercent of your COBRA continuation coverage premiums for a duration of \nnot to exceed 18 months.''.\n (3) Notice relating to retroactive coverage.--In the case \n of such notices previously transmitted before the date of the \n enactment of this Act in the case of an individual described in \n paragraph (1) who has elected (or is still eligible to elect) \n COBRA continuation coverage as of the date of the enactment of \n this Act, the administrator of the group health plan (or other \n entity) involved or the Secretary of Labor (in the case \n described in the paragraph (1)(B)) shall provide (within 60 \n days after the date of the enactment of this Act) for the \n additional notification required to be provided under paragraph \n (1).\n (4) Model notices.--The Secretary of Labor shall prescribe \n models for the additional notification required under this \n subsection.\n (e) Obligation of Funds.--This section constitutes budget authority \nin advance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of premium assistance \nunder this section.\n (f) Prompt Issuance of Guidance.--The Secretary of Labor shall \nissue guidance under this section not later than 30 days after the date \nof the enactment of this Act.\n (g) Definitions.--In this Act:\n (1) Administrator.--The term ``administrator'' has the \n meaning given such term in section 3(16) of the Employee \n Retirement Income Security Act of 1974.\n (2) COBRA continuation coverage.--The term ``COBRA \n continuation coverage'' means continuation coverage provided \n pursuant to title XXII of the Public Health Service Act, \n section 4980B of the Internal Revenue Code of 1986 (other than \n subsection (f)(1) of such section insofar as it relates to \n pediatric vaccines), part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974 (other than \n under section 609), section 8905a of title 5, United States \n Code, or under a State program that provides continuation \n coverage comparable to such continuation coverage.\n (3) Group health plan.--The term ``group health plan'' has \n the meaning given such term in section 9832(a) of the Internal \n Revenue Code of 1986.\n (4) State.--The term ``State'' includes the District of \n Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, \n Guam, American Samoa, and the Commonwealth of the Northern \n Mariana Islands.\n\nSEC. 3. OPTIONAL TEMPORARY MEDICAID COVERAGE FOR UNINSURED ELIGIBLE \n EMPLOYEES.\n\n (a) In General.--Notwithstanding any other provision of law, a \nState may elect to provide, under its medicaid program under title XIX \nof the Social Security Act, medical assistance in the case of an \nindividual who is eligible for unemployment benefits, who is not \neligible for COBRA continuation coverage, and who is uninsured. For \npurposes of this section, an individual is considered to be uninsured \nif the individual is not covered under a group health plan, health \ninsurance coverage, or under such program or a program under title \nXVIII or XXI of such Act.\n (b) Limitation to 18 Months of Coverage.--Assistance under this \nsection shall end with respect to an individual on the earlier of--\n (1) the date the individual is no longer uninsured; or\n (2) 18 months after the date the individual is first \n determined to be eligible for medical assistance under this \n section.\n (c) Special Rules.--In the case of medical assistance provided \nunder this section--\n (1) the Federal medical assistance percentage under section \n 1905(b) of the Social Security Act shall be 100 percent;\n (2) a State may elect to disregard any income, asset, or \n resource limitation imposed under the State medicaid plan or \n under title XIX of such Act, except, notwithstanding any other \n provision of law, a State shall condition eligibility for \n assistance under this section upon the payment of a monthly \n premium approximating 25 percent of the average cost of \n providing the assistance under this section;\n (3) such medical assistance shall not be provided for \n periods before the date the individual is determined eligible \n for such assistance;\n (4) a State may elect to make eligible for such assistance \n a dependent spouse or children of an individual eligible for \n medical assistance under subsection (a), if such spouse or \n children are uninsured; and\n (5) individuals eligible for medical assistance under this \n section shall be deemed to be described in the list of \n individuals described in the matter preceding paragraph (1) of \n section 1905(a) of such Act.","summary":"Health Care Coverage Assistance for the Unemployed Act of 2001 - Directs the Secretary of Labor to establish an emergency health coverage assistance program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Employee Retirement Income Security Act of 1974 (ERISA). Allows a State to elect to provide temporary Medicaid coverage for individuals who are: (1) eligible for unemployment benefits, (2) not eligible for COBRA continuation coverage. And (3) not covered under a group health plan, health insurance, Medicare, or Medicaid.","title":"To provide for premium assistance for COBRA continuation coverage for certain individuals and to permit States to provide temporary Medicaid coverage for certain uninsured employees.","text_len":10255,"sum_len":634} {"bill_id":"106_s294","text":"SECTION 1. WATER DIVERSION PROTECTION AND FISHERIES ENHANCEMENT \n PROGRAM.\n\n (a) In General.--In cooperation with the Secretary of the Interior \nand the Secretary of Commerce, the Secretary shall develop and \nimplement a comprehensive program for fish screens, fish passage \ndevices, and other measures agreed to by local interests and relevant \nFederal agencies for water diversions by local governmental entities in \nthe States of Oregon, Washington, Montana, and Idaho that provide water \nsupplies.\n (b) Goals.--The goals of the program under subsection (a) shall \nbe--\n (1) to decrease the incidence of juvenile and adult fish \n entering water supply systems; and\n (2) to decrease fish mortality associated with the \n withdrawal of water for irrigation and other purposes without \n impairing the continued withdrawal of water for that purpose.\n (c) Participation by Non-Federal Entities.--Non-Federal \nparticipation in the program under subsection (a) shall be voluntary. \nThe Secretary shall take no action that would result in any non-Federal \nentity being held financially responsible for any action unless the \nentity applies to participate in the program.\n (d) Activities.--\n (1) In general.--The program under subsection (a) shall \n consist of--\n (A) inventory of screened and unscreened diversions \n and evaluation of the effectiveness of fish screens, \n fish passage devices, and other measures in existence \n on the date of enactment of this Act;\n (B) identification and prioritization of critical \n areas for improvement; and\n (C) development and execution of an implementation \n and construction program.\n (2) Basis of evaluation and prioritization.--Evaluation and \n prioritization shall be conducted on the basis of--\n (A) the objectives of the Endangered Species Act of \n 1973 (16 U.S.C. 1531 et seq.) and related environmental \n concerns;\n (B) the cost effectiveness;\n (C) the size of diversion;\n (D) the availability of other funding sources; and\n (E) the opportunity for biological benefit to be \n achieved with improved conditions.\n (3) Procedure.--In the development of the program under \n subsection (a), the Secretary shall--\n (A) consult with other Federal, State, and local \n agencies; and\n (B) make maximum use of data and studies in \n existence on the date of enactment of this Act.\n (e) Requirements.--A recommended fish screen, fish passage device, \nor other measure shall--\n (1) meet the requirements of the United States Fish and \n Wildlife Service or the National Marine Fisheries Service, as \n applicable, and any State requirements; and\n (2) be agreed to by all interested Federal and non-Federal \n entities.\n (f) Cost Sharing.--\n (1) Studies.--The cost of studies conducted in connection \n with the program under subsection (a) shall be shared in \n accordance with section 105 of the Water Resources Development \n Act of 1986 (33 U.S.C. 2215).\n (2) Implementation.--\n (A) In general.--The non-Federal interests shall \n pay 35 percent of the implementation cost for any \n measures recommended under the program under subsection \n (a).\n (B) In-kind contributions.--The non-Federal \n interests shall provide all land, easements, rights-of-\n way, dredged material disposal areas, and relocations \n necessary for projects carried out under the program \n under subsection (a). The value of such land, \n easements, rights of way, dredged material disposal \n areas, and relocations shall be credited toward the \n payment required under subparagraph (A).\n (3) OMRR&R.--The non-Federal interests shall be responsible \n for all costs associated with operating, maintaining, \n repairing, rehabilitating, and replacing all projects carried \n out under the program under subsection (a).\n (g) Agreements.--\n (1) Payment of costs.--Construction of a project under this \n section shall be initiated only after the non-Federal interest \n has entered into a binding agreement with the Secretary to pay \n the non-Federal share of the costs of construction required by \n this section and to pay 100 percent of any operation, \n maintenance, repair, rehabilitation, or replacement cost with \n respect to the project in accordance with guidelines \n established by the Secretary.\n (2) Access.--\n (A) In general.--The owner of land on which a \n project under this section is constructed shall grant \n appropriate Federal personnel reasonable access to the \n project for the installation, maintenance, repair, \n rehabilitation, or replacement of fish screens and \n passage devices.\n (B) Effect of grant.--A grant of access to land \n under subparagraph (A) shall not provide a basis for \n Federal use or regulation of the surrounding private \n land.\n (h) Reporting Requirements.--\n (1) In general.--The non-Federal interests with respect to \n a project under this section shall provide reports on such \n matters and in such form as the Secretary may require.\n (2) Items to be addressed.--Items to be addressed shall \n include costs and actions taken to fulfill annual requirements \n for operating, maintaining, replacing, repairing, and \n rehabilitating projects.\n (i) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $25,000,000 for each fiscal \nyear.","summary":"Directs the Secretary of the Army, in order to decrease the incidence of fish entering water supply systems and decrease fish mortality associated with withdrawal of water for irrigation and other purposes, to develop and implement a comprehensive program for fish screens, fish passage devices, and other measures agreed to by local interests and relevant Federal agencies for water diversions by local government entities in Oregon, Washington, Montana, and Idaho that provide water supplies. Sets forth program and reporting requirements. Authorizes appropriations.","title":"A bill to direct the Secretary of the Army to develop and implement a comprehensive program for fish screens and passage devices.","text_len":6281,"sum_len":568} {"bill_id":"112_hr3342","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Affordable Medicines Utilization Act \nof 2011''.\n\nSEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG \n UTILIZATION UNDER MEDICAID.\n\n (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. \n1396b) is amended by inserting after subsection (g) the following:\n ``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014, \nif the generic substitution rate determined for the State under section \n1927(l)(2) for the most recent preceding fiscal year for which data are \navailable is greater than the State's generic substitution rate (as so \ndetermined) for the second most recent preceding fiscal year for which \ndata are available, the amount determined under subsection (a)(1) for \nthe State for each quarter of the fiscal year shall be increased by an \namount equal to 50 percent of the generic drug utilization savings \namount determined for the State and the quarter under paragraph (2).\n ``(2) The generic drug utilization savings amount determined under \nthis paragraph with respect to a State and a quarter is the product \nof--\n ``(A) the difference between the--\n ``(i) total amount expended by the State for the \n corresponding quarter of the preceding fiscal year for \n providing medical assistance for multiple source drugs \n (as defined in section 1927(k)(7)(A)(i)), as determined \n after the application of section 1927(b)(1)(B); and\n ``(ii) total amount expended by the State for the \n quarter involved for providing medical assistance for \n such drugs (as so determined); and\n ``(B) the State percentage determined for the State under \n section 1905(b).''.\n (b) Annual Determination of State Generic Substitution Rates and \nPerformance Rankings.--Section 1927 of the Social Security Act (42 \nU.S.C. 1396r-8) is amended by adding at the end the following:\n ``(l) Annual Determination of State Generic Substitution Rates and \nPerformance Rankings.--\n ``(1) In general.--Not later than January 1, 2012, and \n annually thereafter, the Secretary shall determine the generic \n substitution rate (as defined in paragraph (2)) for each State \n for the most recent preceding fiscal year and the second most \n recent preceding fiscal year for which data are available. The \n Secretary annually shall publish on the Internet Web site of \n the Centers for Medicare & Medicaid Services the generic \n substitution rates determined for each State for such preceding \n fiscal years and, with respect to a State, the percentage \n increase or decrease in such rates when compared with each \n other. On the basis of such comparison, the Secretary shall \n list the States in order of the States with the greatest \n increase in the generic substitution rate.\n ``(2) Generic substitution rate.--In paragraph (1), the \n term `generic substitution rate' means, with respect to a \n State, the share of all drug units for which payment is made to \n the State under this title for the 20 most widely prescribed \n multiple source drugs under the State program under this title \n that have a specific National Drug Code and meet the \n requirements of subsection (k)(7)(A)(i).''.\n (c) Evaluation and Report.--\n (1) In general.--Not later than December 31, 2014, the \n Secretary of Health and Human Services shall evaluate and \n report to Congress on the effectiveness of the generic drug \n utilization savings payments authorized under section 1903(h) \n of the Social Security Act (42 U.S.C. 1396b(h)) (as added by \n subsection (a)) in encouraging States to increase their \n Medicaid generic substitution rate. The evaluation shall \n include the following:\n (A) An analysis of the amounts each State Medicaid \n program saves through increased generic drug \n substitution.\n (B) An analysis of any indirect savings to State \n Medicaid programs through increased medication \n adherence due to increased accessibility and \n affordability of prescriptions.\n (C) An analysis of future estimated savings to \n State Medicaid programs and the Federal Government \n after termination of the generic drug utilization \n savings payments authorized under such section.\n (2) Medicaid generic substitution rate.--In paragraph (1), \n the term ``Medicaid generic substitution rate'' has the meaning \n given the term ``generic substitution rate'' under section \n 1927(l)(2) of the Social Security Act (42 U.S.C. 1396r-8(l)(2)) \n (as added by subsection (b)).\n\nSEC. 3. INNOVATIVE HEALTH CARE SAVINGS PROGRAM.\n\n (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. \n1396b) is amended by adding at the end the following:\n ``(aa) Innovative Health Care Savings Program.--\n ``(1) In general.--In addition to the payments provided \n under subsection (a), subject to paragraph (5), the Secretary \n shall provide for payments to eligible States for the \n implementation of programs to achieve reductions in \n expenditures under this title or under title XVIII.\n ``(2) Eligible state.--A State is eligible for a payment \n under this subsection if the State achieves a generic \n substitution rate (as determined under section 1927(l)(2)) of \n at least 92 percent.\n ``(3) Use of funds.--A State may only use funds received \n through a payment under this subsection to implement programs \n to achieve reductions in expenditures under this title or title \n XVIII (such as innovative approaches to cost savings and health \n care delivery).\n ``(4) Application, terms, and conditions.--\n ``(A) Application.--No payments shall be made to a \n State under this subsection unless the State applies to \n the Secretary for such payments in a form, manner, and \n time specified by the Secretary and such application is \n approved by the Secretary.\n ``(B) Terms and conditions.--Payments made under \n this subsection are made under such terms and \n conditions consistent with this subsection as the \n Secretary prescribes.\n ``(5) Funding.--\n ``(A) Limitation.--The total amount of payments \n under this subsection for a quarter shall not exceed 5 \n percent of the sum of the generic drug utilization \n savings amount (as determined under subsection (h)(2)) \n for all States for the quarter. This subsection \n constitutes budget authority in advance of \n appropriations Acts and represents the obligation of \n the Secretary to provide for the payment of amounts \n provided under this subsection.\n ``(B) Allocation of funds.--The Secretary shall \n specify a method for allocating the funds made \n available under this subsection among eligible States.\n ``(C) Form and manner of payment.--Payment to an \n eligible State under this subsection shall be made in \n the same manner as other payments under section \n 1903(a). There is no requirement for State matching \n funds to receive payments under this subsection.''.\n (b) Effective Date.--The amendment made by subsection (a) shall be \neffective for quarters beginning on or after the date of enactment of \nthis Act.","summary":"Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA), with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50 of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available. Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years. Defines generic substitution rate as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code. Directs the Secretary to provide for payments to eligible states for implementation of programs to achieve reductions in expenditures under Medicaid or under SSA title XVIII (Medicare) .","title":"To amend title XIX of the Social Security Act to encourage States to increase generic drug utilization under Medicaid.","text_len":8070,"sum_len":1024} {"bill_id":"115_hr124","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Camera Accountability Maintenance \nand Transparency in Policing Act of 2017'' or the ``CAM TIP Act of \n2017''.\n\nSEC. 2. BODY-WORN CAMERA GRANTS.\n\n Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:\n\n ``PART MM--BODY-WORN CAMERA GRANTS\n\n``SEC. 3031. IN GENERAL.\n\n ``From amounts made available to the Bureau of Justice Assistance, \nthe Director of the Bureau of Justice Assistance may make grants to \nStates, units of local government, and Indian tribes for the \nacquisition, operation, and maintenance of body-worn cameras for law \nenforcement officers. In making such grants, the Director shall assess \nthe program proposed by the applicant for the elements described in \nsection 3033.\n\n``SEC. 3032. USES OF FUNDS.\n\n ``Grants awarded under this part shall be--\n ``(1) distributed directly to the State, unit of local \n government, or Indian tribe; and\n ``(2) used for the program described under section 3033.\n\n``SEC. 3033. PROGRAM DESCRIBED.\n\n ``The program described in this section is any program implemented \nby a grantee requiring the use of body-worn cameras by law enforcement \nofficers in that jurisdiction, which--\n ``(1) establishes policies and procedures for when law \n enforcement officers should wear, activate, and deactivate \n body-worn cameras;\n ``(2) ensures the protection of the civil liberties of \n members of general public relating to the use of body-worn \n cameras by law enforcement officers;\n ``(3) establishes policies limiting the use of recordings \n of body-worn cameras to monitor the conduct of law enforcement \n officers outside of their interactions, in an official \n capacity, with members of the general public;\n ``(4) establishes or proposes to develop standards relating \n to the effective placement, on a law enforcement officer's \n body, of a body-worn camera;\n ``(5) describes the best practices for receiving an \n accurate narrative from the recordings of body-worn cameras;\n ``(6) establishes policies for the collection and storage \n of the recordings of body-worn cameras;\n ``(7) establishes policies relating to the availability of \n recordings of body-worn cameras--\n ``(A) to the general public;\n ``(B) to victims of crimes; and\n ``(C) for internal use by the law enforcement \n agency; and\n ``(8) has in place guidelines and training courses for law \n enforcement officers relating to the proper management and use \n of body-worn cameras.\n\n``SEC. 3034. MATCHING REQUIREMENTS.\n\n ``(a) Federal Share.--The portion of the costs of a program \nprovided by a grant under this part may not exceed 50 percent. Any \nfunds appropriated by Congress for the activities of any agency of an \nIndian tribal government or the Bureau of Indian Affairs performing law \nenforcement functions on any Indian lands may be used to provide the \nnon-Federal share of a matching requirement funded under this \nsubsection.\n ``(b) Non-Federal Share.--The non-Federal share of payments made \nunder this part may be made in cash or in-kind fairly evaluated, \nincluding planned equipment or services.\n\n``SEC. 3035. FUNDING.\n\n ``Grants under this part may be made using the funds that are \navailable under section 506(a)(1).''.\n\nSEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS \n BY LAW ENFORCEMENT AGENCIES.\n\n (a) Study.--The Attorney General shall conduct a study on the cost \nto State and local law enforcement agencies of purchasing and using \nbody-worn cameras or other similar cameras, including gun-mounted \ncameras.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Attorney General shall submit to Congress a \nreport that contains the results of the study conducted under \nsubsection (a).\n\nSEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY \n CAMERA ACCOUNTABILITY.\n\n There shall be established in the Department of Justice a task \nforce to do the following:\n (1) The task force shall be created to provide \n recommendations on community policing, including best practices \n for creating accountability and transparency.\n (2) Not later than one year after the date of the enactment \n of this Act, the task force shall provide a report to the \n Congress, which shall include the recommendations under \n paragraph (1).\n (3) Membership shall include representatives of civil \n rights organizations, Federal, State, and local law enforcement \n personnel, and community policing experts.\n (4) The task force shall develop proper body-worn camera \n training protocol.\n (5) The task force shall study the impact that citizen \n review boards could have on investigating cases of alleged \n police misconduct.\n (6) Not later than 1 year after implementation of the body \n camera requirement policy under section 3033 of title I of the \n Omnibus Crime Control Act of 1968, the task force shall conduct \n a survey to determine best practices and effectiveness of the \n policy with findings to be reported back to the Congress.\n\nSEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM.\n\n Not later than 90 days after the date of enactment of this Act, the \nComptroller General of the United States shall submit to the Congress a \nreport on the Department of Defense Excess Personal Property Program \nestablished pursuant to section 1033 of the National Defense \nAuthorization Act for Fiscal Year 1997 (Public Law 104-201), that \nincludes information on--\n (1) which jurisdictions equipment is sent to;\n (2) the value of equipment sent to each jurisdiction;\n (3) the level of training provided to officers; and\n (4) how the equipment is used in the jurisdiction.","summary":"Camera Accountability Maintenance and Transparency in Policing Act of 2017 or the CAM TIP Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for state, local, and tribal governments to acquire, operate, and maintain body-worn cameras for law enforcement officers. Additionally, it establishes a task force in the Department of Justice (DOJ) to provide recommendations on community policing, including best practices for accountability and transparency. DOJ must study the cost to purchase and use body-worn cameras. Finally, the Government Accountability Office must study and report on the Department of Defense Excess Personal Property Program.","title":"Camera Accountability Maintenance and Transparency in Policing Act of 2017","text_len":6259,"sum_len":708} {"bill_id":"110_hr3491","text":"SECTION 1. INDEPENDENT SAFETY ASSESSMENTS.\n\n Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is \namended by inserting after subsection d. the following:\n ``e. Independent Safety Assessments.--\n ``(1) Development of procedure.--Not later than 90 days \n after the date of enactment of this subsection, the Nuclear \n Regulatory Commission (referred to in this subsection as the \n `Commission') shall develop an independent safety assessment \n procedure.\n ``(2) Conduct of assessment.--\n ``(A) Definition of eligible requestor.--In this \n paragraph, the term `eligible requestor' means--\n ``(i) a Governor of a State in which a \n facility of a licensee is located;\n ``(ii) a public utility commission of a \n State in which a facility of a licensee is \n located; and\n ``(iii) a Governor of a State that--\n ``(I) because of dangers to the \n public relating to potential ingestion \n of water or foods that have been \n contaminated with radiation from a \n commercial nuclear power plant, is \n located in an emergency planning zone, \n as defined in section 350.2 of title \n 44, Code of Federal Regulations (or a \n successor regulation); and\n ``(II) is not the same State in \n which the facility of the licensee is \n located.\n ``(B) Request of assessment.--\n ``(i) In general.--At the request of an \n eligible requestor, the Commission shall \n conduct an independent safety assessment in \n accordance with the independent safety \n assessment procedure developed under paragraph \n (1) if the licensee has--\n ``(I) applied to the Commission \n for--\n ``(aa) an extension of the \n operating license of the \n licensee; or\n ``(bb) approval of an \n extended power uprate for the \n licensee; or\n ``(II) during any 5-year period, \n received, under the reactor oversight \n process of the Commission, 2 or more \n greater-than-green inspection findings.\n ``(ii) Conduct of assessment.--The \n Commission shall conduct an assessment \n requested by an eligible requestor under clause \n (i) not later than 18 months after the date on \n which the eligible requestor requested the \n assessment.\n ``(3) Inspection of facility.--\n ``(A) In general.--In conducting an independent \n safety assessment under paragraph (2)(B), the \n Commission shall inspect the design, construction, \n maintenance, and operational safety performance of the \n facility of the licensee.\n ``(B) Scope of inspection.--An inspection of a \n facility of a licensee conducted under subparagraph (A) \n shall--\n ``(i) be at least equal in scope, depth, \n and breadth to the independent safety \n assessment conducted in 1996 by the Commission \n of the Maine Yankee Nuclear Power Plant, \n located in Wiscasset, Maine; and\n ``(ii) include an examination of the \n systems of the facility of the licensee, \n including--\n ``(I) the reactor containment \n systems;\n ``(II) the reactor emergency core \n cooling systems;\n ``(III) the control room and \n containment ventilation systems;\n ``(IV) the electrical system \n (including testing of relevant \n transients);\n ``(V) the condensate and feedwater \n systems;\n ``(VI) the spent fuel storage \n systems;\n ``(VII) any other system requested \n by the Governor of the State, or a \n public utility commission of the State, \n in which the facility of the licensee \n is located; and\n ``(VIII) any other system \n identified by a majority of the members \n of an inspection team described in \n paragraph (4).\n ``(4) Inspection teams.--\n ``(A) In general.--An independent safety assessment \n conducted under paragraph (2)(B) shall be conducted by \n an inspection team.\n ``(B) Composition.--An inspection team shall be \n composed of not less than 25 members, of whom--\n ``(i) not less than 16 members shall be--\n ``(I) employees of the Commission; \n and\n ``(II) unaffiliated with the \n regional office of the Commission in \n the region in which the facility of the \n licensee is located;\n ``(ii) not less than 6 members shall be \n independent contractors who have not worked \n for, or at--\n ``(I) the facility of the licensee; \n or\n ``(II) any other nuclear power \n plant owned or operated by the owner or \n operator of the facility of the \n licensee; and\n ``(iii) not less than 3 members shall be \n appointed by the eligible requestor.\n ``(5) Report.--\n ``(A) Preparation of preliminary report.--Not later \n than 90 days after the date on which an inspection team \n completes an independent safety assessment of a \n facility of a licensee under paragraph (2)(B), the \n inspection team shall prepare a preliminary report \n describing the findings and recommendations of the \n inspection team.\n ``(B) Availability of preliminary report.--For a \n period of 90 days beginning on the date on which the \n inspection team completes a preliminary report prepared \n under subparagraph (A), the inspection team shall make \n available for review and comment by the public a copy \n of the preliminary report.\n ``(C) Consideration of comments.--In preparing a \n final version of a preliminary report developed under \n subparagraph (A), the inspection team shall take into \n consideration any comments received from the public \n that are appropriate, as determined by the inspection \n team.\n ``(D) Submission of final version.--Not later than \n 90 days after the date on which the period of review \n and public comment ends under subparagraph (B), the \n inspection team shall submit to the Commission a final \n version of the preliminary report developed under \n subparagraph (A).\n ``(6) Affect on licensing actions.--A final decision by the \n Commission of whether to extend an operating license, approve \n an extended power uprate, or continue to operate under a \n license at a facility of a licensee assessed under paragraph \n (2)(B) shall not be made until the later of the date on which--\n ``(A) the Commission has completed the independent \n safety assessment of the facility of the licensee; and\n ``(B) the licensee has fully accepted and \n implemented each finding and recommendation of the \n report approved by the Commission relating to the \n independent safety assessment of the facility of the \n licensee submitted under paragraph (5)(D).\n ``(7) Authorization of appropriations.--There are \n authorized to be appropriated to carry out this subsection \n $10,000,000 for each of fiscal years 2008 through 2012, to \n remain available until expended.''.","summary":"Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to: (1) develop an independent safety assessment procedure for nuclear facilities. And (2) create a team to inspect the design, construction, maintenance, and operational safety performance of a facility. Declares that a final NRC decision on whether to extend an operating license, approve an extended power uprate, or continue to operate a facility shall not be made until: (1) the NRC has completed the independent safety assessment of the facility. And (2) the licensee has fully accepted and implemented each NRC-approved finding and recommendation of the assessment report","title":"To amend the Atomic Energy Act of 1954 to improve and strengthen the safety inspection process of nuclear facilities.","text_len":9952,"sum_len":665} {"bill_id":"106_hr3143","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``High Performance Schools Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) American K-12 schools spend over $6 billion annually on \n energy costs which is more than is spent on books and computers \n combined.\n (2) Educators teach and students learn best in an \n environment that is comfortable, healthy, naturally lit where \n possible, and in good repair and studies have indicated that \n student achievement is greater and attendance higher when those \n conditions are met.\n (3) Over half of our nation's K-12 schools are more than 40 \n years old and in need of renovation to reach such standard of \n efficiency and comfort and 6,000 new schools will be required \n over the next 10 years to accommodate the growing number of \n students.\n (4) Inadequate ventilation in school buildings, poor \n lighting and acoustical quality, and uncomfortable temperatures \n can diminish students' capacity to concentrate and excel.\n (5) Inefficient use of water, either in consumption or from \n poorly maintained systems, is prevalent in older schools.\n (6) Using a whole building approach in the design of new \n schools and the renovation of existing schools--considering how \n materials, systems, and products connect and overlap and also \n how a school is integrated on its site and within the \n surrounding community--will result in high performance school \n buildings.\n (7) Adoption of whole building concepts has been shown to \n result in dramatic improvements in student and teacher \n performance.\n (8) Adopting a whole building approach usually results in a \n lower life-cycle cost for the school building than for a \n conventionally designed and built building.\n (9) Systematic use of energy conservation in school \n construction and renovation projects can save at least one \n quarter of current energy costs, leaving more money for \n teachers and educational materials.\n (10) The use of renewable energy sources such as \n daylighting, passive solar heating, photovoltaics, wind, \n geothermal, hydropower, and biomass power in a building already \n designed to be low-energy can help meet the building's energy \n needs without added emissions.\n (11) Using environmentally preferable products and \n providing for adequate supplies of fresh air will improve \n indoor air quality and provide healthful school buildings.\n (12) Most school districts do not have the knowledge of \n cutting-edge design and technologies to implement optimum \n efficiency into new school construction or into school \n renovations.\n (13) Congress is currently considering legislation that \n will help school districts build new schools and renovate \n existing schools.\n (b) Purpose.--It is the purpose of this Act to assist school \ndistricts in the production of high performance elementary and \nsecondary school buildings that are healthful, productive, energy \nefficient, and environmentally sound.\n\nSEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.\n\n (a) Establishment.--There is established in the Department of \nEducation the High Performance Schools Program (hereafter in this Act \nreferred to as the ``Program'').\n (b) In General.--The Secretary of Education may, through the \nProgram, make grants--\n (1) to be provided to school districts to implement the \n purpose of this Act;\n (2) to administer the program of assistance to school \n districts pursuant to this Act; and\n (3) to promote participation by school districts in the \n program established by this Act.\n (c) Grants to Assist School Districts.--Grants under subsection \n(b)(1) shall be used to achieve energy efficiency performance not less \nthan 30 percent beyond the levels prescribed in the 1998 International \nEnergy Conservation Code as it is in effect for new construction and \nexisting buildings. Grants under such subsection shall be made to \nschool districts that--\n (1) have demonstrated a need for such grants in order to \n respond appropriately to increasing elementary and secondary \n school enrollments or to make major investments in renovation \n of school facilities;\n (2) have demonstrated that the districts do not have \n adequate funds to respond appropriately to such enrollments or \n achieve such investments without assistance; and\n (3) have made a commitment to use the grant funds to \n develop high performance school buildings in accordance with \n the plan developed and approved pursuant to subsection (e)(1).\n (d) Other Grants.--\n (1) Grants for administration.--Grants under subsection \n (b)(2) shall be used to evaluate compliance by school districts \n with requirements of this Act and in addition may be used for--\n (A) distributing information and materials to \n clearly define and promote the development of high \n performance school buildings for both new and existing \n facilities;\n (B) organizing and conducting programs for school \n board members, school district personnel, architects, \n engineers, and others to advance the concepts of high \n performance school buildings;\n (C) obtaining technical services and assistance in \n planning and designing high performance school \n buildings; and\n (D) collecting and monitoring data and information \n pertaining to the high performance school building \n projects.\n (2) Grants to promote participation.--Grants under \n subsection (b)(3) may be used for promotional and marketing \n activities, including facilitating private and public \n financing, promoting the use of energy service companies, \n working with school administrations, students, and communities, \n and coordinating public benefit programs.\n (e) Implementation.--\n (1) Plans.--Grants under subsection (b) shall be provided \n only to school districts that, in consultation with State \n offices of energy and education, have developed plans that the \n State agency designated by the Governor of the State determines \n to be feasible and appropriate in order to the achieve the \n purposes for which such grants were made.\n (2) Supplementing grant funds.--The State agency referred \n to in paragraph (1) shall encourage qualifying school districts \n to supplement their grant funds with funds from other sources \n in the implementation of their plans.\n\nSEC. 4. ALLOCATION OF FUNDS.\n\n (a) Governors.--Except as provided in subsection (c), funds \nappropriated for the implementation of this Act shall be provided to \nthe Governors of the States. Each Governor shall determine the \nappropriate State agency to administer the program of assistance to \nschool districts under this Act.\n (b) Purposes.--Except as provided in subsection (c), funds \nappropriated under section 5 shall be allocated as follows:\n (1) Seventy percent shall be used to make grants under \n section 3(b)(1).\n (2) Fifteen percent shall be used to make grants under \n section 3(b)(2).\n (3) Fifteen percent shall be used to make grants under \n section 3(b)(3).\n (c) Other Funds.--The Secretary of Education may, through the \nProgram established under section 3(a), retain an amount, not to exceed \n$300,000 per year, to assist State agencies designated by the Governor \nin coordinating and implementing such Program. Such funds may be used \nto develop reference materials to further define the principles and \ncriteria to achieve high performance school buildings.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n For grants under section 3(b) there are authorized to be \nappropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal \nyear 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal \nyear 2004, and such sums as may be necessary for each of the subsequent \n6 fiscal years.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act:\n (1) Elementary and secondary school.--The term ``elementary \n school'' and ``secondary school'' shall have the same meaning \n given such terms in paragraphs (14) and (25) of section 14101 \n of the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 8801(14),(25)).\n (2) High performance school building.--The term ``high \n performance school building'' refers to a school building \n which, in its design, construction, operation, and maintenance \n maximizes use of renewable energy and energy conservation \n practices, is cost-effective on a life-cycle basis, uses \n affordable, environmentally preferable, durable materials, \n enhances indoor environmental quality, protects and conserves \n water, and optimizes site potential.\n (3) Renewable energy.--The term ``renewable energy'' means \n energy produced by solar, wind, geothermal, hydropower, and \n biomass power.","summary":"Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose. (2) administering the program of assistance to school districts under this Act. And (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities. (2) do not have adequate funds to do so without such assistance. And (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities. (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings. (3) obtain technical services and assistance in planning and designing such buildings. And (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts, (2) 15 percent for grants for administration. And (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. Authorizes appropriations.","title":"High Performance Schools Act of 1999","text_len":9704,"sum_len":3106} {"bill_id":"115_hr4887","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Grant Reporting Efficiency and \nAgreements Transparency Act of 2018'' or the ``GREAT Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) modernize reporting by recipients of Federal grants and \n cooperative agreements by creating and imposing data standards \n for the information that grants and cooperative agreement \n recipients must report to the Federal Government;\n (2) implement the recommendation by the Director of the \n Office of Management and Budget, under section 5(b)(6) of the \n Federal Funding Accountability and Transparency Act of 2006 (31 \n U.S.C. 6101 note), which includes the development of a \n ``comprehensive taxonomy of standard definitions for core data \n elements required for managing Federal financial assistance \n awards'';\n (3) reduce burden and compliance costs of recipients of \n Federal grants and cooperative agreements by enabling \n technology solutions, existing or yet to be developed, by both \n the public and private sectors, to better manage data \n recipients already provide to the Federal Government; and\n (4) to strengthen oversight and management of Federal \n grants and cooperative agreements by agencies through \n consolidated collection and display of and access to open data \n that has been standardized, and where appropriate, transparency \n to the public.\n\nSEC. 3. DATA STANDARDS FOR GRANT REPORTING.\n\n (a) Amendment.--Subtitle V of title 31, United States Code, is \namended by inserting after chapter 63 the following new chapter:\n\n ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING\n\n``Sec.\n``6401. Definitions.\n``6402. Data standards for grant reporting.\n``6403. Guidance applying data standards for grant reporting.\n``6404. Agency requirements.\n``Sec. 6401. Definitions\n ``In this chapter:\n ``(1) Agency.--The term `agency' has the meaning given that \n term in section 552(f) of title 5.\n ``(2) Core data elements.--The term `core data elements' \n means data elements that are not program-specific in nature and \n are required by agencies for all or the vast majority of \n Federal grant and cooperative assistance recipients for \n purposes of reporting.\n ``(3) Director.--The term `Director' means the Director of \n the Office of Management and Budget.\n ``(4) Federal award.--The term `Federal award'--\n ``(A) means the transfer of anything of value for a \n public purpose of support or stimulation authorized by \n a law of the United States, including financial \n assistance and Government facilities, services, and \n property;\n ``(B) includes grants, subgrants, awards, and \n cooperative agreements; and\n ``(C) does not include--\n ``(i) conventional public information \n services or procurement of property or services \n for the direct benefit or use of the \n Government; or\n ``(ii) an agreement that provides only--\n ``(I) direct Government cash \n assistance to an individual;\n ``(II) a subsidy;\n ``(III) a loan;\n ``(IV) a loan guarantee; or\n ``(V) insurance.\n ``(5) Secretary.--The term `Secretary' means the head of \n the standard-setting agency.\n ``(6) Standard-setting agency.--The term `standard-setting \n agency' means the Executive department designated under section \n 6402(a)(1).\n ``(7) State.--The term `State' means each State of the \n United States, the District of Columbia, each commonwealth, \n territory or possession of the United States, and each \n federally recognized Indian Tribe.\n``Sec. 6402. Data standards for grant reporting\n ``(a) In General.--\n ``(1) Designation of standard-setting agency.--The Director \n shall designate the Executive department (as defined in section \n 101 of title 5) that issues the most Federal awards in a \n calendar year as the standard-setting agency.\n ``(2) Establishment of standards.--Not later than 1 year \n after the date of the enactment of this chapter, the Secretary \n and the Director shall establish Governmentwide data standards \n for information reported by recipients of Federal awards.\n ``(3) Data elements.--The data standards established under \n paragraph (2) shall include, at a minimum--\n ``(A) standard definitions for data elements \n required for managing Federal awards; and\n ``(B) unique identifiers for Federal awards and \n entities receiving Federal awards that can be \n consistently applied Governmentwide.\n ``(b) Scope.--The data standards established under subsection (a) \nshall include core data elements and may cover any information required \nto be reported to any agency by recipients of Federal awards, including \naudit-related information reported under chapter 75 of this title.\n ``(c) Requirements.--The data standards required to be established \nunder subsection (a) shall, to the extent reasonable and practicable--\n ``(1) render information reported by recipients of Federal \n grant and cooperative agreement awards fully searchable and \n machine-readable;\n ``(2) be nonproprietary;\n ``(3) incorporate standards developed and maintained by \n voluntary consensus standards bodies;\n ``(4) be consistent with and implement applicable \n accounting and reporting principles; and\n ``(5) incorporate the data standards established under the \n Federal Funding Accountability and Transparency Act of 2006 (31 \n U.S.C. 6101 note).\n ``(d) Consultation.--In establishing the data standards under \nsubsection (a), the Secretary and the Director shall consult with, as \nappropriate--\n ``(1) the Secretary of the Treasury, to ensure that the \n data standards incorporate the data standards created under the \n Federal Funding Accountability and Transparency Act of 2006 (31 \n U.S.C. 6101 note);\n ``(2) the head of each agency that issues Federal awards;\n ``(3) recipients of Federal awards and organizations \n representing recipients of Federal awards;\n ``(4) private sector experts;\n ``(5) members of the public, including privacy experts, \n privacy advocates, and industry stakeholders; and\n ``(6) State and local governments.\n``Sec. 6403. Guidance applying data standards for grant reporting\n ``(a) In General.--Not later than 2 years after the date of the \nenactment of this chapter--\n ``(1) the Secretary and the Director shall issue guidance \n to all agencies directing the agencies to apply the data \n standards established under section 6402 to all applicable \n reporting by recipients of Federal grant and cooperative \n agreement awards; and\n ``(2) the Director shall prescribe guidance applying the \n data standards to audit-related information reported under \n chapter 75.\n ``(b) Guidance.--The guidance issued under this section shall--\n ``(1) to the extent reasonable and practicable--\n ``(A) minimize the disruption to existing reporting \n practices for agencies and for recipients of Federal \n grant and cooperative agreement awards; and\n ``(B) explore opportunities to implement modern \n technologies within Federal award reporting;\n ``(2) allow the Director to permit exceptions for \n categories of grants if the Director publishes a list of such \n exceptions, including exceptions for Indian Tribes and Tribal \n organizations consistent with the Indian Self-Determination and \n Education Assistance Act; and\n ``(3) take into consideration the consultation required \n under section 6402(d).\n``Sec. 6404. Agency requirements\n ``Not later than 3 years after the date of the enactment of this \nchapter, the head of each agency shall ensure that all of the agency's \ngrants and cooperative agreements use data standards for all future \ninformation collection requests and amend existing information \ncollection requests covered by chapter 35 of title 44 (commonly \nreferred to as the Paperwork Reduction Act) to comply with the data \nstandards established under section 6402, consistent with the guidance \nissued by the Secretary and the Director under section 6403.''.\n (b) Technical and Conforming Amendment.--The table of chapters for \nsubtitle V of title 31, United States Code, is amended by inserting \nafter the item relating to chapter 63 the following new item:\n\n``64. Data Standards for Grant Reporting.................... 6401''.\n\nSEC. 4. SINGLE AUDIT ACT.\n\n (a) Amendments.--\n (1) Section 7502(h) of title 31, United States Code, is \n amended by inserting before ``to a Federal clearinghouse'' the \n following ``in an electronic form consistent with the data \n standards established under chapter 64,''.\n (2) Section 7505 of title 31, United States Code, is \n amended by adding at the end the following new subsection:\n ``(d) Such guidance shall require audit-related information \nreported under this chapter to be reported in an electronic form \nconsistent with the data standards established under chapter 64.''.\n (b) Guidance.--Not later than 2 years after the date of the \nenactment of this Act, the Director shall issue guidance requiring \naudit-related information reported under chapter 75 of title 31, United \nStates Code, to be reported in an electronic form consistent with the \ndata standards established under chapter 64 of title 31, United States \nCode, as added by section 3.\n\nSEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF \n PUBLIC INFORMATION AS OPEN DATA.\n\n (a) Collection of Information.--Not later than 4 years after the \ndate of the enactment of this Act, the Secretary and the Director shall \nenable the collection, public display, and maintenance of Federal award \ninformation as a Governmentwide data set, using the data standards \nestablished under chapter 64 of title 31, United States Code, as added \nby section 3, subject to reasonable restrictions established by the \nDirector to ensure protection of personally identifiable and otherwise \nsensitive information.\n (b) Publication of Information.--The Secretary and the Director \nshall require the publication of recipient-reported data collected from \nall agencies on a single public portal. Information may be published on \nan existing Governmentwide website as determined appropriate by the \nDirector.\n (c) Foia.--Nothing in this section shall require the disclosure to \nthe public of information that would be exempt from disclosure under \nsection 552 of title 5, United States Code (commonly known as the \n``Freedom of Information Act'').\n\nSEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS.\n\n (a) Determination Required.--The Director and the Secretary shall \ndetermine whether to use nonproprietary identifiers under section \n6402(a)(3)(B) of title 31, United States Code, as added by section \n3(a).\n (b) Factors to Be Considered.--In making the determination required \npursuant to subsection (a), the Director and the Secretary shall \nconsider factors such as accessibility and cost to recipients of \nFederal awards, agencies that issue Federal awards, private-sector \nexperts, and members of the public, including privacy experts and \nprivacy advocates.\n (c) Publication and Report on Determination.--Not later than the \nearlier of 1 year after the date of the enactment of this Act or the \ndate on which the Secretary and Director establish data standards \npursuant to section 6402(a)(2) of title 31, United States Code, as \nadded by section 3(a), the Secretary and the Director shall publish and \nsubmit to the Committees on Oversight and Government Reform of the \nHouse of Representatives and Homeland Security and Governmental Affairs \nof the Senate a report explaining the reasoning for the determination \nmade pursuant to subsection (a).\n\nSEC. 7. DEFINITIONS.\n\n In this Act, the terms ``agency'', ``Director'', ``Federal award'', \nand ``Secretary'' have the meaning given those terms in section 6401 of \ntitle 31, United States Code, as added by section 3(a).\n\nSEC. 8. RULE OF CONSTRUCTION.\n\n Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to require the collection of data that is not otherwise \nrequired pursuant to any Federal law, rule, or regulation.\n\nSEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by\n\n\n \n\n this Act. Such requirements shall be carried out using amounts \notherwise authorized.\n\n Passed the House of Representatives September 26, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act This bill requires the Office of Management and Budget, jointly withnbsp. The executive department that issues the most federal grant awards, to: (1)nbsp. Establish government-wide data standards for information reported by grant recipients, (2) issue guidance directing federal agencies to apply those standards, and (3)nbsp. Require the publication of recipient-reported data collected from all agencies on a single public website.","title":"Grant Reporting Efficiency and Agreements Transparency Act of 2018","text_len":13819,"sum_len":517} {"bill_id":"107_s2915","text":"SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, \n SURVIVING JOINT DEBTORS, AND PARENTS.\n\n (a) Definitions.--For purposes of this section:\n (1) Eligible public servant.--The term ``eligible public \n servant'' means an individual who--\n (A) served as a police officer, firefighter, other \n safety or rescue personnel, or as a member of the Armed \n Forces; and\n (B) died (or dies) or became (or becomes) \n permanently and totally disabled due to injuries \n suffered in the terrorist attack on September 11, 2001;\n as determined in accordance with regulations of the Secretary.\n (2) Eligible victim.--The term ``eligible victim'' means an \n individual who died (or dies) or became (or becomes) \n permanently and totally disabled due to injuries suffered in \n the terrorist attack on September 11, 2001, as determined in \n accordance with regulations of the Secretary.\n (3) Eligible spouse.--The term ``eligible spouse'' means \n the spouse of an eligible public servant, as determined in \n accordance with regulations of the Secretary.\n (4) Eligible surviving debtor.--The term ``eligible \n surviving debtor'' means an individual who owes a Federal \n student loan that is a consolidation loan that was used, \n jointly by that individual and an eligible victim, to repay the \n Federal student loans of that individual and of such eligible \n victim.\n (5) Eligible parent.--The term ``eligible parent'' means \n the parent of an eligible victim if--\n (A) the parent owes a Federal student loan that is \n a consolidation loan that was used to repay a PLUS loan \n incurred on behalf of such eligible victim; or\n (B) the parent owes a Federal student loan that is \n a PLUS loan incurred on behalf of an eligible victim \n who became (or becomes) permanently and totally \n disabled due to injuries suffered in the terrorist \n attack on September 11, 2001.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (7) Federal student loan.--The term ``Federal student \n loan'' means any loan made, insured, or guaranteed under part \n B, D, or E of title IV of the Higher Education Act of 1965.\n (b) Relief From Indebtedness.--\n (1) In general.--The Secretary shall provide for the \n discharge or cancellation of--\n (A) the Federal student loan indebtedness of an \n eligible spouse;\n (B) the consolidation loan indebtedness of an \n eligible surviving debtor;\n (C) the portion of the consolidation loan \n indebtedness of an eligible parent that was incurred on \n behalf of an eligible victim, if the amount of such \n indebtedness with respect to such eligible victim may \n be reliably determined on the basis of records \n available to the lender; and\n (D) the PLUS loan indebtedness of an eligible \n parent that was incurred on behalf of an eligible \n victim described in subsection (a)(5)(B).\n (2) Method of discharge or cancellation.--A loan required \n to be discharged or canceled under paragraph (1) shall be \n discharged or canceled by the method used under section 437(a), \n 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 \n (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is \n applicable to such loan.\n (c) Facilitation of Claims.--The Secretary shall--\n (1) establish procedures for the filing of applications for \n discharge or cancellation under this section by regulations \n that shall be prescribed and published within 90 days after the \n date of enactment of this Act and without regard to the \n requirements of section 553 of title 5, United States Code; and\n (2) take such actions as may be necessary to publicize the \n availability of discharge or cancellation of Federal student \n loan indebtedness for eligible spouses, eligible surviving \n debtors, and eligible parents under this section.\n (d) Availability of Funds for Payments.--Funds available for the \npurposes of making payments to lenders in accordance with section \n437(a) for the discharge of indebtedness of deceased or disabled \nindividuals shall be available for making payments under section 437(a) \nto lenders of loans to the eligible spouses, eligible surviving \ndebtors, and eligible parents as required by this section.\n (e) Applicable to Outstanding Debt.--The provisions of this section \nshall be applied to discharge or cancel only Federal student loans \n(including consolidation loans) on which amounts were owed on September \n11, 2001.","summary":"Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died or who became permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.","title":"A bill to provide for cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents of individuals who died or became permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001","text_len":5172,"sum_len":354} {"bill_id":"104_s1340","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Livestock Concentration Report \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Antitrust laws.--The term ``antitrust laws'' has the \n meaning provided in subsection (a) of the first section of the \n Clayton Act (15 U.S.C. 12(a)), except that the term includes \n section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to \n the extent the section applies to unfair methods of \n competition.\n (2) Commission.--The term ``Commission'' means the \n Commission on Concentration in the Livestock Industry \n established under section 3.\n (3) Study of concentration in the red meat packing \n industry.--The term ``study of concentration in the red meat \n packing industry'' means the study of concentration in the red \n meat packing industry proposed by the Department of Agriculture \n in the Federal Register on January 9, 1992 (57 Fed. Reg. 875), \n and for which funds were appropriated by Public Law 102-142 \n (105 Stat. 878).\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) In General.--A Commission on Concentration in the Livestock \nIndustry shall be established that shall be composed of--\n (1) the Secretary of Agriculture, who shall be the \n chairperson of the Commission; and\n (2) 2 members who represent each of the following \n categories:\n (A) Cattle producers.\n (B) Hog producers.\n (C) Lamb producers.\n (D) Meat packers.\n (E) Experts in antitrust laws.\n (F) Economists.\n (G) Corporate chief financial officers.\n (H) Corporate procurement experts.\n (b) Appointment.--The members of the Commission appointed under \nsubsection (a)(2) shall be appointed as follows:\n (1) The President shall appoint 4 members.\n (2) The Majority Leader of the Senate shall appoint 4 \n members.\n (3) The Minority Leader of the Senate shall appoint 2 \n members.\n (4) The Speaker of the House of Representatives shall \n appoint 4 members.\n (5) The Minority Leader of the House of Representatives \n shall appoint 2 members.\n\nSEC. 4. DUTIES OF COMMISSION.\n\n (a) In General.--The Commission shall--\n (1) determine whether the study of concentration in the red \n meat packing industry adequately--\n (A) examined and identified procurement markets for \n slaughter cattle in the continental United States;\n (B) analyzed the effects that slaughter cattle \n procurement practices, and concentration in the \n procurement of slaughter cattle, have on the purchasing \n and pricing of slaughter cattle by beef packers;\n (C) examined the use of captive cattle supply \n arrangements by beef packers and the effects of the \n arrangements on slaughter cattle markets;\n (D) examined the economics of vertical integration \n and of coordination arrangements in the hog \n slaughtering and processing industry;\n (E) examined the pricing and procurement by hog \n slaughtering plants operating in the Eastern corn belt;\n (F) reviewed the pertinent research literature on \n issues relating to the structure and operation of the \n meat packing industry; and\n (G) represents, with respect to the matters \n described in subparagraphs (A) through (F), the current \n situation in the livestock industry compared to the \n situation of the industry reflected in the data on \n which the study is based;\n (2) to request the Attorney General to report on the \n application of the antitrust laws and operation of other \n Federal laws applicable, with respect to concentration and \n vertical integration in the procurement and pricing of \n slaughter cattle and of slaughter hogs by meat packers;\n (3) review laws and regulations relating to the operation \n of the meat packing industry regarding the concentration, \n vertical integration, and vertical coordination in the \n industry;\n (4) review the farm-to-retail price spread for livestock \n during the period beginning on January 1, 1993, and ending on \n the date the report is submitted under section 5(a);\n (5) review the adequacy of price data obtained by the \n Department of Agriculture under section 203 of the Agricultural \n Marketing Act of 1946 (7 U.S.C. 1622);\n (6) make recommendations regarding the adequacy of price \n discovery in the livestock industry for animals held for \n market; and\n (7) review the lamb industry study completed by the \n Department of Justice during 1993.\n (b) Solicitation of Information.--For purposes of complying with \nparagraphs (2), (3), and (4) of subsection (a), the Commission shall \nsolicit information from all parts of the livestock industry, including \nlivestock producers, livestock marketers, industry employees, meat \npackers, meat processors, and retailers.\n\nSEC. 5. REPORT AND TERMINATION.\n\n (a) Report.--Not later than 90 days after the study of \nconcentration in the red meat packing industry is submitted to \nCongress, the Commission shall submit to the President, the Speaker of \nthe House of Representatives, and the President pro tempore of the \nSenate a report summarizing the results of the duties carried out under \nsection 4.\n (b) Termination.--Not later than 30 days after submission of the \nreport, the Commission shall terminate.\n\n Passed the Senate December 20, 1995.\n\n Attest:\n\n Secretary.\n104th CONGRESS\n\n 1st Session\n\n S. 1340\n\n_______________________________________________________________________\n\n AN ACT\n\n To establish a Commission on Concentration in the Livestock Industry, \n and for other purposes.","summary":"Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review: (1) the adequacy of the study of concentration in the red meat packing industry. (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry, (3) certain farm-to-retail and other price related data, (4) a specified lamb study. And (5) certain hog processing activities. Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission.","title":"Livestock Concentration Report Act","text_len":6460,"sum_len":721} {"bill_id":"110_hr3907","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Tax Relief Act of \n2007''.\n\nSEC. 2. WORK OPPORTUNITY CREDIT MADE PERMANENT.\n\n (a) In General.--Subsection (c) of section 51 of the Internal \nRevenue Code of 1986 is amended by striking paragraph (4).\n (b) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred to individuals who begin work for the \nemployer after the date of the enactment of this Act.\n\nSEC. 3. NEW MARKETS TAX CREDIT MADE PERMANENT.\n\n (a) In General.--Subparagraph (D) of section 45D(f)(1) of the \nInternal Revenue Code of 1986 (relating to national limitation on \namount of investments designated) is amended by striking ``for 2006, \n2007, and 2008'' and inserting ``for 2006 and each calendar year \nthereafter''.\n (b) Effective Date.--The amendment made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 4. QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED \n RESTAURANT PROPERTY TREATED AS 15-YEAR PROPERTY.\n\n (a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) of \nthe Internal Revenue Code of 1986 are each amended by striking ``placed \nin service before January 1, 2008''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2007.\n\nSEC. 5. RESEARCH CREDIT.\n\n (a) In General.--Section 41 of the Internal Revenue Code of 1986 is \namended by striking subsection (h).\n (b) Conforming Amendment.--Section 45C(b)(1) of such Code (relating \nto qualified clinical testing expenses) is amended by striking \nsubparagraph (D).\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after December 31, 2007.\n\nSEC. 6. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.\n\n (a) In General.--Section 198 is amended by striking subsection (h).\n (b) Effective Date.--The amendment made by this section shall apply \nto expenditures paid or incurred after December 31, 2007.\n\nSEC. 7. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS \n STOCK.\n\n (a) In General.--Paragraph (1) of section 1202(a) of the Internal \nRevenue Code of 1986 is amended by striking ``50 percent'' and \ninserting ``62.5 percent''.\n (b) Empowerment Zone Businesses.--Subparagraph (A) of section \n1202(a)(2) is amended--\n (1) by striking ``60 percent'' and inserting ``75 \n percent'', and\n (2) by striking ``50 percent'' and inserting ``62.5 \n percent''.\n (c) Effective Date.--The amendments made by this section shall \napply to sales or exchanges of qualified small business stock in \ntaxable years beginning after the date of the enactment of this Act.\n\nSEC. 8. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A \n MONTH FROM APRIL TO NOVEMBER.\n\n (a) In General.--Part I of subchapter E of chapter 1 of the \nInternal Revenue Code of 1986 (relating to accounting periods) is \namended by inserting after section 444 the following new section:\n\n``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING \n IN A MONTH FROM APRIL TO NOVEMBER.\n\n ``(a) General Rule.--A qualified small business may elect to have a \ntaxable year, other than the required taxable year, which ends on the \nlast day of any of the months of April through November (or at the end \nof an equivalent annual period (varying from 52 to 53 weeks)).\n ``(b) Years for Which Election Effective.--An election under \nsubsection (a)--\n ``(1) shall be made not later than the due date (including \n extensions thereof) for filing the return of tax for the first \n taxable year of the qualified small business, and\n ``(2) shall be effective for such first taxable year or \n period and for all succeeding taxable years of such qualified \n small business until such election is terminated under \n subsection (c).\n ``(c) Termination.--\n ``(1) In general.--An election under subsection (a) shall \n be terminated on the earliest of--\n ``(A) the first day of the taxable year following \n the taxable year for which the entity fails to meet the \n gross receipts test,\n ``(B) the date on which the entity fails to qualify \n as an S corporation, or\n ``(C) the date on which the entity terminates.\n ``(2) Gross receipts test.--For purposes of paragraph (1), \n an entity fails to meet the gross receipts test if the entity \n fails to meet the gross receipts test of section 448(c).\n ``(3) Effect of termination.--An entity with respect to \n which an election is terminated under this subsection shall \n determine its taxable year for subsequent taxable years under \n any other method that would be permitted under subtitle A.\n ``(4) Income inclusion and deduction rules for period after \n termination.--If the termination of an election under paragraph \n (1)(A) results in a short taxable year--\n ``(A) items relating to net profits for the period \n beginning on the day after its last fiscal year-end and \n ending on the day before the beginning of the taxable \n year determined under paragraph (4) shall be includible \n in income ratably over the succeeding 4 taxable years, \n or (if fewer) the number of taxable years equal to the \n fiscal years for which the election under this section \n was in effect, and\n ``(B) items relating to net losses for such period \n shall be deductible in the first taxable year after the \n taxable year with respect to which the election \n terminated.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Qualified small business.--The term `qualified small \n business' means an entity--\n ``(A)(i) for which an election under section \n 1362(a) is in effect for the first taxable year or \n period of such entity and for all subsequent years, or\n ``(ii) which is treated as a partnership for the \n first taxable year or period of such entity for Federal \n income tax purposes,\n ``(B) which conducts an active trade or business or \n which would qualify for an election to amortize start-\n up expenditures under section 195, and\n ``(C) which is a start-up business.\n ``(2) Start-up business.--For purposes of paragraph (1)(C), \n an entity shall be treated as a start-up business so long as \n not more than 75 percent of the entity is owned by any person \n who previously conducted a similar trade or business at any \n time within the 1-year period ending on the date on which such \n entity is formed. For purposes of the preceding sentence, a \n person and any other person bearing a relationship to such \n person specified in section 267(b) or 707(b)(1) shall be \n treated as one person, and sections 267(b) and 707(b)(1) shall \n be applied as if section 267(c)(4) provided that the family of \n an individual consists of the individual's spouse and the \n individual's children under the age of 21.\n ``(3) Required taxable year.--The term `required taxable \n year' has the meaning given to such term by section 444(e).\n ``(e) Tiered Structures.--The Secretary shall prescribe rules \nsimilar to the rules of section 444(d)(3) to eliminate abuse of this \nsection through the use of tiered structures.''.\n (b) Conforming Amendment.--Section 444(a)(1) of such Code is \namended by striking ``section,'' and inserting ``section and section \n444A''.\n (c) Clerical Amendment.--The table of sections for part I of \nsubchapter E of chapter 1 of such Code is amended by inserting after \nthe item relating to section 444 the following new item:\n\n``444A. Qualified small businesses election of taxable year ending in a \n month from April to November.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 9. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS.\n\n (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended \nby striking ``100'' and inserting ``150''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 10. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX \n WITHHOLDING.\n\n (a) In General.--Paragraph (2) of section 3402(t) is amended by \nstriking ``and'' at the end of subparagraph (H), by striking the period \nat the end of subparagraph (I) and inserting ``, and'', and by adding \nat the end the following new subparagraph:\n ``(J) to any specified small business.''.\n (b) Specified Small Business.--Subsection (t) of section 3402 is \namended by redesignating paragraph (3) as paragraph (4) and by \ninserting after paragraph (2) the following new paragraph:\n ``(3) Specified small business.--For purposes of this \n subsection, the term `specified small business' means a \n corporation or partnership which meets the gross receipts test \n of section 448(c) for the taxable year prior to the taxable \n year in which the payment is received (or, in the case of a \n sole proprietorship, which would meet such test if such \n proprietorship were a corporation).''.\n (c) Effective Date.--The amendments made by this section shall take \neffect as if included in section 511 of the Tax Increase Prevention and \nReconciliation Act of 2005.","summary":"Small Business Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit, the new markets tax credit, and the tax credit for increasing research activities. (2) make permanent accelerated depreciation of qualified leasehold improvement and restaurant property and expensing of environmental remediation expenditures. (3) increase the partial tax exclusion of gain from sales of certain small business stock for noncorporate business taxpayers and businesses in an empowerment zone. (4) permit certain small businesses to elect taxable years ending between April and November. (5) increase the allowable number of S corporation shareholders from 100 to 150. And (6) exempt certain small businesses from the 3 withholding requirement applicable to payments made to such businesses by government entities.","title":"To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses.","text_len":10087,"sum_len":857} {"bill_id":"112_s2885","text":"SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED \n OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES.\n\n (a) Findings.--Congress makes the following findings:\n (1) The Final Report of the National Commission on \n Terrorist Attacks Upon the United States (commonly known as the \n ``9\/11 Commission Report'') recognizes that there is a certain \n ideology that gives rise to terrorism.\n (2) This ideology that gives rise to terrorism can even \n influence citizens and residents of the United States to \n perpetrate attacks within the United States against members of \n the Armed Forces.\n (3) Two such attacks have already occurred within the \n United States, one at a recruiting station in Little Rock, \n Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on \n November 5, 2009.\n (4) According to investigative reports released by the \n Committee on Homeland Security of the House of Representatives \n and the Committee on Homeland Security and Governmental Affairs \n of the Senate at least 33 threats, plots, and strikes related \n to domestic terrorism against United States military \n communities have been uncovered since September 11, 2001.\n (5) These threats, plots, and strikes demonstrate that \n members of the Armed Forces are at risk of terrorist attack not \n only when deployed overseas, but also while stationed within \n the United States.\n (6) The Department of Defense has recognized the threat \n posed by terrorist attacks, including those perpetrated by a \n member of the Armed Forces, by issuing revised regulations, \n including Army Regulation 381-12 regarding the Military \n Intelligence Threat Awareness and Reporting Program, to require \n reporting of potential terrorist insider threat activity, \n including when a member of the Armed Forces is ``advocating the \n use of unlawful violence or force to achieve goals that are \n political, religious, or ideological in nature''.\n (b) Sense of Congress.--It is the sense of Congress that the \nSecretary of Defense (and the Secretary of Homeland Security with \nrespect to the Coast Guard) should duly honor those members of the \nArmed Forces who are killed or wounded in terrorist attacks within the \nUnited States that are inspired by the ideology that gives rise to \nterrorism, as defined by the Final Report of the National Commission on \nTerrorist Attacks Upon the United States (commonly known as the ``9\/11 \nCommission Report'').\n (c) Award of Purple Heart.--\n (1) Award required.--Chapter 57 of title 10, United States \n Code, is amended by inserting after section 1129 the following \n new section:\n``Sec. 1129a. Purple Heart: members killed or wounded by terrorist \n attacks perpetrated within the United States\n ``(a) For purposes of the award of the Purple Heart, the Secretary \nconcerned shall treat a member of the armed forces described in \nsubsection (b) in the same manner as a member who is killed or wounded \nin action as the result of an act of the enemy of the United States.\n ``(b)(1) A member of the armed forces described in this subsection \nis a member who the Secretary concerned determines was killed or \nwounded in a terrorist attack within the United States perpetrated by \nan individual or individuals expressing a political, religious, or \nideological obligation to engage in unlawful violence directed against \nUnited States military operations or foreign policy, as described in \nArmy Regulation 318-12 of October 2010 regarding the Military \nIntelligence Threat Awareness and Reporting Program.\n ``(2) In this subsection, the term `terrorist attack' means the \ncalculated use of violence or threat of violence to inculcate fear \nintended to coerce or to intimidate governments or societies in the \npursuit of goals that are generally political, religious, or \nideological, as described in the Army Regulation referred to in \nparagraph (1).\n ``(3) In implementing this section, the Secretary concerned shall \nmake no distinction between `international terrorism' and `domestic \nterrorism', as those terms are defined in section 2331 of title 18.\n ``(4) If a terrorist attack referred to in paragraph (1) includes, \nas victims, members of more than one armed force, the determination \nrequired by such paragraph shall be made jointly by the Secretaries of \nthe armed forces concerned.\n ``(c) Subsection (a) shall not apply to a member of the armed \nforces whose death or wound is the result of the willful misconduct of \nthe member.\n ``(d) Nothing in this section shall be interpreted--\n ``(1) to affect the designation of any individual alleged \n to have perpetrated an attack referred to in subsection (b)(1) \n as an enemy combatant for any purposes under law; or\n ``(2) to preempt or otherwise affect any legal proceedings \n relating to such an attack.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 57 of such title is amended by inserting \n after the item relating of section 1129 the following new item:\n\n``1129a. Purple Heart: members killed or wounded by terrorist attacks \n perpetrated within the United States.''.\n (3) Retroactive effective date and application.--\n (A) Effective date.--The amendments made by this \n subsection shall take effect as of January 1, 2009.\n (B) Review of certain previous incidents.--The \n Secretaries of the military departments (and the \n Secretary of Homeland Security with respect to the \n Coast Guard) shall undertake a review of each death or \n wounding of a member of the Armed Forces that occurred \n within the United States between January 1, 2009, and \n the date of the enactment of this Act under \n circumstances that could qualify the death or wounding \n as being the result of a terrorist attack within the \n United States to determine whether the death or \n wounding does qualify as a death or wounding resulting \n from a terrorist attack within the United States for \n purposes of section 1129a of title 10, United States \n Code, as added by this subsection.\n (C) Actions following review.--If the death or \n wounding of a member of the Armed Forces reviewed under \n subparagraph (B) is determined to qualify as a death or \n wounding resulting from a terrorist attack within the \n United States for purposes of such section 1129a, the \n Secretary of the military department concerned (or the \n Secretary of Homeland Security with respect to a member \n of the Coast Guard) shall take appropriate action under \n such section to award the Purple Heart to the member.","summary":"Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States. Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States. Makes this Act effective as of January 1, 2009. Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act, and (2) upon a positive determination, take appropriate action.","title":"A bill to amend title 10, United States Code, to provide for the award of the Purple Heart to members of the Armed Forces who are killed or wounded in a terrorist attack perpetrated within the United States.","text_len":7292,"sum_len":1183} {"bill_id":"103_hr4260","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Research Act of 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Nearly 4 of 5 peer reviewed research projects deemed \n worthy of funding by the National Institutes of Health are not \n funded.\n (2) Less than 2 percent of the nearly one trillion dollars \n our Nation spends on health care is devoted to health research, \n while the defense industry spends 15 percent of its budget on \n research.\n (3) Public opinion surveys have shown that Americans want \n more Federal resources put into health research and support by \n having a portion of their health insurance premiums set aside \n for this purpose.\n (4) Ample evidence exists to demonstrate that health \n research has improved the quality of health care in the United \n States. Advances such as the development of vaccines, the cure \n of many childhood cancers, drugs that effectively treat a host \n of diseases and disorders, a process to protect our Nation's \n blood supply from the HIV virus, progress against \n cardiovascular disease including heart attack and stroke, and \n new strategies for the early detection and treatment of \n diseases such as colon, breast, and prostate cancer clearly \n demonstrates the benefits of health research.\n (5) Among the most effective methods to control health care \n costs are prevention and cure of disease and disability, thus, \n health research which holds the promise of cure and prevention \n of disease and disability is a critical component of any \n comprehensive health care reform plan.\n (6) The state of our Nation's research facilities at the \n National Institutes of Health and at universities is \n deteriorating significantly. Renovation and repair of these \n facilities are badly needed to maintain and improve the quality \n of research.\n (7) Because the Omnibus Budget Reconciliation Act of 1993 \n freezes discretionary spending for the next 5 years, the \n Nation's investment in health research through the National \n Institutes of Health is likely to decline in real terms unless \n corrective legislative action is taken.\n (8) A health research fund is needed to maintain our \n Nation's commitment to health research and to increase the \n percentage of approved projects which receive funding at the \n National Institutes of Health to at least 33 percent.\n\nSEC. 3. NATIONAL FUND FOR HEALTH RESEARCH.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States an account, to be known as the ``National Fund for Health \nResearch'' (hereafter referred to in this section as the ``Fund''), \nconsisting of such amounts as are transferred to the Fund under \nsubsection (b) and any interest earned on investment of amounts in the \nFund.\n (b) Transfers to Fund.--\n (1) In general.--The Secretary of the Treasury shall \n transfer to the Fund an amount equal to the amounts designated \n under paragraph (2) and received in the Treasury.\n (2) Amounts.--\n (A) In general.--With respect to each calendar year \n beginning with the first full calendar year during \n which a comprehensive health care reform program \n utilizing a regional and corporate health alliance \n structure has been implemented, each such alliance \n shall set aside and transfer to the Treasury of the \n United States the applicable amount under subparagraph \n (B) and under section 6097 of the Internal Revenue Code \n of 1986.\n (B) Applicable amount.--The applicable amount under \n this subparagraph with respect to a regional or \n corporate alliance shall be equal to--\n (i) with respect to the first full calendar \n year described in subparagraph (A), .25 percent \n of all health premiums received by the alliance \n for such year;\n (ii) with respect to the second calendar \n year described in subparagraph (A), .50 percent \n of all health premiums received by the alliance \n for such year;\n (iii) with respect to the third calendar \n year described in subparagraph (A), .75 percent \n of all health premiums received by the alliance \n for such year; and\n (iv) with respect to the fourth and \n succeeding calendar years described in \n subparagraph (A), 1 percent of all health \n premiums received by the alliance for such \n year.\n (3) Designation of overpayments and contributions.--\n (A) In general.--Subchapter A of chapter 61 of the \n Internal Revenue Code of 1986 (relating to returns and \n records) is amended by adding at the end the following \n new part:\n\n ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE \n NATIONAL FUND FOR HEALTH RESEARCH\n\n``Sec. 6097. Amounts for the National Fund for Health Research.\n\n``SEC. 6097. AMOUNTS FOR THE NATIONAL FUND FOR HEALTH RESEARCH.\n\n ``(a) In General.--Every individual (other than a nonresident \nalien) may designate that--\n ``(1) a portion (not less than $1) of any overpayment of \n the tax imposed by chapter 1 for the taxable year, and\n ``(2) a cash contribution (not less than $1),\nbe paid over to the National Fund for Health Research established under \nsection 3 of the Health Research Act of 1994. In the case of a joint \nreturn of a husband and wife, each spouse may designate one-half of any \nsuch overpayment of tax (not less than $2).\n ``(b) Manner and Time of Designation.--Any designation under \nsubsection (a) may be made with respect to any taxable year only at the \ntime of filing the original return of the tax imposed by chapter 1 for \nsuch taxable year. Such designation shall be made either on the 1st \npage of the return or on the page bearing the taxpayer's signature.\n ``(c) Overpayments Treated as Refunded.--For purposes of this \nsection, any overpayment of tax designated under subsection (a) shall \nbe treated as being refunded to the taxpayer as of the last day \nprescribed for filing the return of tax imposed by chapter 1 \n(determined with regard to extensions) or, if later, the date the \nreturn is filed.\n ``(d) Designated Amounts Not Deductible.--No amount designated \npursuant to subsection (a) shall be allowed as a deduction under \nsection 170 or any other section for any taxable year.\n ``(e) Termination.--This section shall not apply to taxable years \nbeginning in a calendar year after a determination by the Secretary \nthat the sum of all designations under subsection (a) for taxable years \nbeginning in the second and third calendar years preceding the calendar \nyear is less than $5,000,000.''.\n (B) Clerical amendment.--The table of parts for \n subchapter A of chapter 61 of such Code is amended by \n adding at the end the following new item:\n\n ``Part IX. Designation of overpayments \n and contributions for the \n National Fund for Health \n Research.''.\n (C) Effective date.--The amendments made by this \n paragraph shall apply to taxable years beginning after \n December 31, 1993.\n (c) Expenditures From Fund.--\n (1) In general.--The Secretary of the Treasury shall pay \n annually, within 30 days after the President signs an \n appropriations Act for the Departments of Labor, Health and \n Human Services, and Education and related agencies, or by the \n end of the first quarter of the fiscal year, to the Secretary \n of Health and Human Services on behalf of the National \n Institutes of Health, an amount equal to the amount in the \n National Fund for Health Research at the time of such payment, \n to enable the Secretary to carry out the purpose of section \n 404F of the Public Health Service Act, less any administrative \n expenses which may be paid under paragraph (3).\n (2) Purposes for expenditures from fund.--Part A of title \n IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is \n amended by adding at the end the following new section:\n\n``SEC. 404F. EXPENDITURES FROM THE NATIONAL FUND FOR HEALTH RESEARCH.\n\n ``(a) In General.--From amounts received for any fiscal year from \nthe National Fund for Health Research, the Secretary of Health and \nHuman Services shall distribute--\n ``(1) 2 percent of such amounts during any fiscal year to \n the Office of the Director of the National Institutes of Health \n to be allocated at the Director's discretion for the following \n activities:\n ``(A) for carrying out the responsibilities of the \n Office of the Director, National Institutes of Health, \n including the Office of Research on Women's Health and \n the Office of Research on Minority Health, the Office \n of Alternative Medicine and the Office of Rare Diseases \n Research; and\n ``(B) for construction and acquisition of equipment \n for or facilities of or used by the National Institutes \n of Health;\n ``(2) 2 percent of such amounts for transfer to the \n National Center for Research Resources to carry out section \n 1502 of the National Institutes of Health Revitalization Act of \n 1993 concerning Biomedical and Behavioral Research Facilities;\n ``(3) 1 percent of such amounts during any fiscal year for \n carrying out section 301 and part D of title IV with respect to \n health information communications; and\n ``(4) the remainder of such amounts during any fiscal year \n to member institutes of the National Institutes of Health and \n Centers in the same proportion to the total amount received \n under this section, as the amount of annual appropriations \n under appropriations Acts for each member institute and Centers \n for the fiscal year bears to the total amount of appropriations \n under appropriations Acts for all member institutes and Centers \n of the National Institutes of Health for the fiscal year.\n ``(b) Plans of Allocation.--The amounts transferred under \nsubsection (a) shall be allocated by the Director of NIH or the various \ndirectors of the institutes and centers, as the case may be, pursuant \nto allocation plans developed by the various advisory councils to such \ndirectors, after consultation with such directors.''.\n (3) Administrative expenses.--Amounts in the National Fund \n for Health Research shall be available to pay the \n administrative expenses of the Department of the Treasury \n directly allocable to--\n (A) modifying the individual income tax return \n forms to carry out section 6097 of the Internal Revenue \n Code of 1986;\n (B) carrying out this section with respect to such \n Fund; and\n (C) processing amounts received under this section \n and transferring such amounts to such Fund.\n (4) Trigger and release of fund monies.--No expenditures \n shall be made pursuant to section 3(c) during any fiscal year \n in which the annual amount appropriated for the National \n Institutes of Health is less than the amount so appropriated \n for the prior fiscal year.\n (d) Budget Enforcement.--Amounts contained in the National Fund for \nHealth Research shall be excluded from, and shall not be taken into \naccount for purposes of, any budget enforcement procedures under the \nCongressional Budget Act of 1974 or the Balanced Budget Emergency \nDeficit Control Act of 1985.","summary":"Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research. Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund. Amends the Internal Revenue Code to authorize individuals to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made. Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources. Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 .","title":"Health Research Act of 1994","text_len":12753,"sum_len":832} {"bill_id":"113_hr1204","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Aviation Security Stakeholder \nParticipation Act of 2014''.\nSEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.\n (a) In General.--Subchapter II of chapter 449 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 44946. Aviation Security Advisory Committee\n ``(a) Establishment.--The Assistant Secretary shall establish \nwithin the Transportation Security Administration an aviation security \nadvisory committee.\n ``(b) Duties.--\n ``(1) In general.--The Assistant Secretary shall consult the \n Advisory Committee, as appropriate, on aviation security matters, \n including on the development, refinement, and implementation of \n policies, programs, rulemaking, and security directives pertaining \n to aviation security, while adhering to sensitive security \n guidelines.\n ``(2) Recommendations.--\n ``(A) In general.--The Advisory Committee shall develop, at \n the request of the Assistant Secretary, recommendations for \n improvements to aviation security.\n ``(B) Recommendations of subcommittees.--Recommendations \n agreed upon by the subcommittees established under this section \n shall be approved by the Advisory Committee before transmission \n to the Assistant Secretary.\n ``(3) Periodic reports.--The Advisory Committee shall \n periodically submit to the Assistant Secretary--\n ``(A) reports on matters identified by the Assistant \n Secretary; and\n ``(B) reports on other matters identified by a majority of \n the members of the Advisory Committee.\n ``(4) Annual report.--The Advisory Committee shall submit to \n the Assistant Secretary an annual report providing information on \n the activities, findings, and recommendations of the Advisory \n Committee, including its subcommittees, for the preceding year. Not \n later than 6 months after the date that the Secretary receives the \n annual report, the Secretary shall publish a public version \n describing the Advisory Committee's activities and such related \n matters as would be informative to the public consistent with the \n policy of section 552(b) of title 5.\n ``(5) Feedback.--Not later than 90 days after receiving \n recommendations transmitted by the Advisory Committee under \n paragraph (4), the Assistant Secretary shall respond in writing to \n the Advisory Committee with feedback on each of the \n recommendations, an action plan to implement any of the \n recommendations with which the Assistant Secretary concurs, and a \n justification for why any of the recommendations have been \n rejected.\n ``(6) Congressional notification.--Not later than 30 days after \n providing written feedback to the Advisory Committee under \n paragraph (5), the Assistant Secretary shall notify the Committee \n on Commerce, Science, and Transportation of the Senate and the \n Committee on Homeland Security of the House of Representatives on \n such feedback, and provide a briefing upon request.\n ``(7) Report to congress.--Prior to briefing the Committee on \n Commerce, Science, and Transportation of the Senate and the \n Committee on Homeland Security of the House of Representatives \n under paragraph (6), the Assistant Secretary shall submit to such \n committees a report containing information relating to the \n recommendations transmitted by the Advisory Committee in accordance \n with paragraph (4).\n ``(c) Membership.--\n ``(1) Appointment.--\n ``(A) In general.--Not later than 180 days after the date \n of enactment of the Aviation Security Stakeholder Participation \n Act of 2014, the Assistant Secretary shall appoint the members \n of the Advisory Committee.\n ``(B) Composition.--The membership of the Advisory \n Committee shall consist of individuals representing not more \n than 34 member organizations. Each organization shall be \n represented by 1 individual (or the individual's designee).\n ``(C) Representation.--The membership of the Advisory \n Committee shall include representatives of air carriers, all-\n cargo air transportation, indirect air carriers, labor \n organizations representing air carrier employees, labor \n organizations representing transportation security officers, \n aircraft manufacturers, airport operators, airport construction \n and maintenance contractors, labor organizations representing \n employees of airport construction and maintenance contractors, \n general aviation, privacy organizations, the travel industry, \n airport-based businesses (including minority-owned small \n businesses), businesses that conduct security screening \n operations at airports, aeronautical repair stations, passenger \n advocacy groups, the aviation security technology industry \n (including screening technology and biometrics), victims of \n terrorist acts against aviation, and law enforcement and \n security experts.\n ``(2) Term of office.--\n ``(A) Terms.--The term of each member of the Advisory \n Committee shall be 2 years. A member of the Advisory Committee \n may be reappointed.\n ``(B) Removal.--The Assistant Secretary may review the \n participation of a member of the Advisory Committee and remove \n such member for cause at any time.\n ``(3) Prohibition on compensation.--The members of the Advisory \n Committee shall not receive pay, allowances, or benefits from the \n Government by reason of their service on the Advisory Committee.\n ``(4) Meetings.--\n ``(A) In general.--The Assistant Secretary shall require \n the Advisory Committee to meet at least semiannually and may \n convene additional meetings as necessary.\n ``(B) Public meetings.--At least 1 of the meetings \n described in subparagraph (A) shall be open to the public.\n ``(C) Attendance.--The Advisory Committee shall maintain a \n record of the persons present at each meeting.\n ``(5) Member access to sensitive security information.--Not \n later than 60 days after the date of a member's appointment, the \n Assistant Secretary shall determine if there is cause for the \n member to be restricted from possessing sensitive security \n information. Without such cause, and upon the member voluntarily \n signing a non-disclosure agreement, the member may be granted \n access to sensitive security information that is relevant to the \n member's advisory duties. The member shall protect the sensitive \n security information in accordance with part 1520 of title 49, Code \n of Federal Regulations.\n ``(6) Chairperson.--A stakeholder representative on the \n Advisory Committee who is elected by the appointed membership of \n the Advisory Committee shall chair the Advisory Committee.\n ``(d) Subcommittees.--\n ``(1) Membership.--The Advisory Committee chairperson, in \n coordination with the Assistant Secretary, may establish within the \n Advisory Committee any subcommittee that the Assistant Secretary \n and Advisory Committee determine to be necessary. The Assistant \n Secretary and the Advisory Committee shall create subcommittees to \n address aviation security issues, including the following:\n ``(A) Air cargo security.--The implementation of the air \n cargo security programs established by the Transportation \n Security Administration to screen air cargo on passenger \n aircraft and all-cargo aircraft in accordance with established \n cargo screening mandates.\n ``(B) General aviation.--General aviation facilities, \n general aviation aircraft, and helicopter operations at general \n aviation and commercial service airports.\n ``(C) Perimeter and access control.--Recommendations on \n airport perimeter security, exit lane security and technology \n at commercial service airports, and access control issues.\n ``(D) Security technology.--Security technology standards \n and requirements, including their harmonization \n internationally, technology to screen passengers, passenger \n baggage, carry-on baggage, and cargo, and biometric technology.\n ``(2) Risk-based security.--All subcommittees established by \n the Advisory Committee chairperson in coordination with the \n Assistant Secretary shall consider risk-based security approaches \n in the performance of their functions that weigh the optimum \n balance of costs and benefits in transportation security, including \n for passenger screening, baggage screening, air cargo security \n policies, and general aviation security matters.\n ``(3) Meetings and reporting.--Each subcommittee shall meet at \n least quarterly and submit to the Advisory Committee for inclusion \n in the annual report required under subsection (b)(4) information, \n including recommendations, regarding issues within the \n subcommittee.\n ``(4) Subcommittee chairs.--Each subcommittee shall be co-\n chaired by a Government official and an industry official.\n ``(e) Subject Matter Experts.--Each subcommittee under this section \nshall include subject matter experts with relevant expertise who are \nappointed by the respective subcommittee chairpersons.\n ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act \n(5 U.S.C. App.) shall not apply to the Advisory Committee and its \nsubcommittees.\n ``(g) Definitions.--In this section:\n ``(1) Advisory committee.--The term `Advisory Committee' means \n the aviation security advisory committee established under \n subsection (a).\n ``(2) Assistant secretary.--The term `Assistant Secretary' \n means the Assistant Secretary of Homeland Security (Transportation \n Security Administration).\n ``(3) Perimeter security.--\n ``(A) In general.--The term `perimeter security' means \n procedures or systems to monitor, secure, and prevent \n unauthorized access to an airport, including its airfield and \n terminal.\n ``(B) Inclusions.--The term `perimeter security' includes \n the fence area surrounding an airport, access gates, and access \n controls.''.\n (b) Clerical Amendment.--The analysis for subchapter II of chapter \n449 of title 49, United States Code, is amended by adding at the end \nthe following new item:\n\n``44946. Aviation Security Advisory Committee.''.\n\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on December 9, 2014. Aviation Security Stakeholder Participation Act of 2014 - Directs the Assistant Secretary of Homeland Security to establish in the TSA an aviation security advisory committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 34 member organizations, including air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees as well as those representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors as well as labor organizations representing them, general aviation, privacy organizations, the travel industry, airport-based businesses, businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry , victims of terrorist acts against aviation, and law enforcement and security experts. Establishes within the Advisory Committee: (1) an air cargo security subcommittee, (2) a general aviation subcommittee, (3) an airport perimeter security and access control subcommittee. And (4) a security technology subcommittee. Requires all subcommittees to consider risk-based security approaches in the performance of their functions with respect to transportation security.","title":"Aviation Security Stakeholder Participation Act of 2014","text_len":11014,"sum_len":1668} {"bill_id":"105_hr1171","text":"entitled \n ``Joint Resolution making further continuing appropriations for \n the fiscal year 1986, and for other purposes'' (Public Law 99-\n 190; 99 Stat. 1251) is repealed.\n (2) Exception.--The authority provided in the matter \n repealed by paragraph (1) of this subsection shall be preserved \n to the extent necessary to carry out obligations of the United \n States with respect to clean coal technology projects selected \n by the Secretary of Energy pursuant to the fifth general \n request for proposals issued by the Secretary under such \n section 101(d) (and pursuant to any such general request issued \n before the fifth general request).\n (c) Rescission.--Any unobligated funds previously appropriated for \nthe Clean Coal Technology program are rescinded.\n\n TITLE IV--FOREIGN OPERATIONS PROGRAMS\n\nSEC. 401. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.\n\n (a) Termination.--\n (1) Termination of authority to make new obligations.--(A) \n Effective 60 days after the date of the enactment of this Act, \n the Overseas Private Investment Corporation shall not issue any \n insurance, guaranties, or reinsurance, make any loan, or \n acquire any securities, under section 234 of the Foreign \n Assistance Act of 1961, enter into any agreements for any other \n activity authorized by such section 234, or enter into risk \n sharing arrangements authorized by section 234A of that Act.\n (B) Subparagraph (A) does not require the termination of \n any contract or other agreement entered into before such \n paragraph takes effect.\n (2) Termination of opic.--Effective 180 days after the date \n of the enactment of this Act, the Overseas Private Investment \n Corporation is abolished.\n (3) Transfer of operations to omb.--The Director of the \n Office of Management and Budget shall, effective 180 days after \n the date of the enactment of this Act, perform the functions of \n the Overseas Private Investment Corporation with respect to \n contracts and agreements described in paragraph (1)(B) until \n the expiration of such contracts and agreements, but shall not \n renew any such contract or agreement. The Director shall take \n the necessary steps to wind up the affairs of the Corporation.\n (4) Repeal of authorities.--Effective 180 days after the \n date of the enactment of this Act, title IV of chapter 2 of \npart I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and \nfollowing) is repealed, but shall continue to apply with respect to \nfunctions performed by the Director of the Office of Management and \nBudget under paragraph (3).\n (5) Appropriations.--Funds available to the Corporation \n shall, upon the effective date of the repeal made by paragraph \n (4), be transferred to the Director of the Office of Management \n and Budget for use in performing the functions of the \n Corporation under paragraph (3). Upon the expiration of the \n contracts and agreements with respect to which the Director is \n exercising such functions, any unexpended balances of the funds \n transferred under this subsection shall be deposited in the \n Treasury as miscellaneous receipts.\n (b) Savings Provisions.--\n (1) Prior determinations not affected.--The repeal made by \n subsection (a)(4) of the provisions of law set forth in such \n subsection shall not affect any order, determination, \n regulation, or contract that has been issued, made, or allowed \n to become effective under such provisions before the effective \n date of the repeal. All such orders, determinations, \n regulations, and contracts shall continue in effect until \n modified, superseded, terminated, set aside, or revoked in \n accordance with law by the President, the Director of the \n Office of Management and Budget, or other authorized official, \n a court of competent jurisdiction, or by operation of law.\n (2) Pending proceedings.--(A) The repeal made by subsection \n (a)(4) shall not affect any proceedings, including notices of \n proposed rulemaking, pending on the effective date of the \n repeal, before the Overseas Private Investment Corporation, \n except that no insurance, reinsurance, guarantee, or loan may \n be issued pursuant to any application pending on such effective \n date. Such proceedings, to the extent that they relate to \n functions performed by the Director of the Office of Management \n and Budget after such repeal, shall be continued. Orders shall \n be issued in such proceedings, appeals shall be taken \n therefrom, and payments shall be made pursuant to such orders, \n as if this Act had not been enacted; and orders issued in any \n such proceedings shall continue in effect until modified, \n terminated, superseded, or revoked by the Director, by a court \n of competent jurisdiction, or by operation of law. Nothing in \n this paragraph shall be deemed to prohibit the discontinuance \n or modification of any such proceeding under the same terms and \n conditions and to the same extent that such proceeding could \n have been discontinued or modified if this section had not been \n enacted.\n (B) The Director of the Office of Management and Budget is \n authorized to issue regulations providing for the orderly \n transfer of proceedings continued under subparagraph (A).\n (3) Actions.--Except as provided in paragraph (5)--\n (A) the provisions of this Act shall not affect \n suits commenced before the effective date of the repeal \n made by subsection (a)(4); and\n (B) in all such suits, proceedings shall be had, \n appeals taken, and judgments rendered in the same \n manner and effect as if this section had not been \n enacted.\n (4) Liabilities incurred.--No suit, action, or other \n proceeding commenced by or against any officer in the official \n capacity of such individual as an officer of the Overseas \n Private Investment Corporation, shall abate by reason of the \n enactment of this section. No cause of action by or against the \n Overseas Private Investment Corporation, or by or against any \n officer thereof in the official capacity of such officer shall \n abate by reason of the enactment of this section.\n (5) Parties.--If, before the effective date of the repeal \n made by subsection (a)(4), the Overseas Private Investment \n Corporation or an officer thereof in the official capacity of \n such officer, is a party to a suit, then such suit shall be \n continued with the Director of the Office of Management and \n Budget substituted or added as a party.\n (6) Review.--Orders and actions of the Director of the \n Office of Management and Budget in the exercise of functions of \n the Overseas Private Investment Corporation shall be subject to \n judicial review to the same extent and in the same manner as if \n such orders and actions had been issued or taken by the \n Overseas Private Investment Corporation. Any statutory \n requirements relating to notice, hearings, action upon the \n record, or administrative review that apply to any function of \n the Overseas Private Investment Corporation shall apply to the \n exercise of such function by the Director of the Office of \n Management and Budget.\n (c) Technical and Conforming Amendments.--\n (1) Title 5, united states code.--(A) Section 5314 of title \n 5, United States Code, is amended by striking\n ``President, Overseas Private Investment Corporation.''.\n (B) Section 5315 of title 5, United States Code, is amended \n by striking\n ``Executive Vice President, Overseas Private Investment \n Corporation.''.\n (C) Section 5316 of title 5, United States Code, is amended \n by striking\n ``Vice Presidents, Overseas Private Investment Corporation \n (3).''.\n (2) Other amendments and repeals.--(A) Section 222(a) of \n the Foreign Assistance Act of 1961 is amended by inserting \n after ``section 238(c)'' the following: ``as in effect on the \n day before the effective date of the repeal of that section \n made by section 401(a)(4) of the Omnibus Corporate Welfare \n Reduction Act of 1997''.\n (B) Section 2301(b)(9) of the Export Enhancement Act of \n 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the \n Overseas Private Investment Corporation,''.\n (C) Section 2312(d)(1) of the Export Enhancement Act of \n 1988 (15 U.S.C. 4727(d)(1)) is amended--\n (i) by striking subparagraph (K); and\n (ii) by redesignating subparagraphs (L) and (M) as \n subparagraphs (K) and (L), respectively.\n (D) Section 5402(b) of the Omnibus Trade and \n Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended--\n (i) in paragraph (12) by adding ``and'' after the \n semicolon;\n (ii) by striking paragraph (13); and\n (iii) by redesignating paragraph (14) as paragraph \n (13).\n (E) Section 624 of the Higher Education Act of 1965 (20 \n U.S.C. 1131c) is amended by striking ``the Overseas Private \n Investment Corporation,''.\n (F) Section 481(e)(4)(A) of the Foreign Assistance Act of \n 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking \n ``(including programs under title IV of chapter 2, relating to \n the Overseas Private Investment Corporation)''.\n (G)(i) Section 574 of the Foreign Operations, Export \n Financing, and Related Programs Appropriations Act, 1996 (22 \n U.S.C. 2394 note) is amended--\n (I) by amending subsection (b) to read as follows:\n ``(b) Countries.--The countries referred to in subsection (a) are \ncountries for which in excess of $5,000,000 has been obligated during \nthe previous fiscal year for assistance under sections 103 through 106, \nchapters 10 and 11 of part I, and chapter 4 of part II of the Foreign \nAssistance Act of 1961, and under the Support for East European \nDemocracy Act of 1989.''; and\n (II) in the first sentence of subsection (c) by \n striking ``the Administrator'' and all that follows \n through ``Corporation'' and inserting ``and the \n Administrator of the Agency for International \n Development''.\n (ii) The amendment made by clause (i) shall first apply to \n the annual report required to be submitted under section 574(a) \n of the Foreign Operations, Export Financing, and Related \n Programs Appropriations Act, 1996 in the fiscal year following \n the fiscal year in which no funds have been obligated by the \n Overseas Private Investment Corporation by virtue of this \n section.\n (H) Section 2(c)(12) of the Support for East European \n Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is \n repealed.\n (I) Section 202(b)(2)(B) of the Cuban Liberty and \n Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. \n 6062(b)(2)(B)) is amended--\n (i) by striking clause (iv); and\n (ii) by redesignating clauses (v), (vi), and (vii) \n as clauses (iv), (v), and (vi), respectively.\n (J) Section 9101(3) of title 31, United States Code, is \n amended--\n (i) by striking subparagraph (H); and\n (ii) by redesignating subparagraphs (I) through (P) \n as subparagraphs (G) through (O), respectively.\n (K) The following provisions of law are repealed:\n (i) Section 5(b)(2) of the Overseas Private \n Investment Corporation Amendments Act of 1981 (22 \n U.S.C. 2194a).\n (ii) Section 5 of the Taiwan Relations Act (22 \n U.S.C. 3304).\n (iii) Subsections (b), (c), and (d) of section 576 \n of the Foreign Operations, Export Financing, and \n Related Programs Appropriations Act, 1991.\n (iv) Subsections (b), (c), and (d) of section 597 \n of the Foreign Operations, Export Financing, and \n Related Programs Appropriations Act, 1990.\n (v) Sections 109 and 111 of the Overseas Private \n Investment Corporation Amendments Act of 1988, as \n enacted by reference in section 555 of Public Law 100-\n 461.\n (3) Effective date.--The amendments and repeals made by \n this subsection shall take effect 180 days after the date of \n the enactment of this Act.\n\nSEC. 402. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT \n PARTICIPATE IN THE LATEST ROUND OF THE IMF GENERAL \n AGREEMENTS TO BORROW.\n\n (a) Findings.--The Congress finds that--\n (1) the International Monetary Fund (IMF) operates outside \n of public scrutiny, releasing almost no information to the \n public, thereby avoiding adequate accountability for its \n programs;\n (2) to ensure that it gets repaid, the IMF frequently \n imposes ``conditionality'' on its loans--policy changes that \n borrowing countries must undertake to receive a loan;\n (3) frequently, the IMF has forced developing nations to \n enact unsound economic policies, which have led to tax \n increases on the poor, draconian currency devaluations, and \n resource exploitation;\n (4) the IMF will do considerable harm to developing \n countries by continuing to make loans to their governments;\n (5) bailing out these governments only encourages them to \n continue policies detrimental to their citizens, such as \n destroying scarce natural resources, maintaining bloated \n bureaucracies, operating money-losing state-sponsored \n industries, and spending too much on their militaries; and\n (6) new IMF funding to developing countries frequently ends \n up substituting IMF debt for reschedulable commercial bank \n debt.\n (b) Sense of the Congress.--It is the sense of the Congress that \nthe United States should not participate in the latest round of the \nGeneral Agreements to Borrow, commonly referred to as the ``New \nArrangements to Borrow''.\n\nSEC. 403. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT \n PROVIDE ADDITIONAL RESOURCES TO THE IMF ENHANCED \n STRUCTURAL ADJUSTMENT FACILITY.\n\n (a) Findings.--The Congress finds that--\n (1) the Enhanced Structural Adjustment Facility (ESAF) of \n the International Monetary Fund makes low interest loans to the \n poorest developing countries that cannot pay their bills;\n (2) countries that borrow from the ESAF must be prepared to \n adopt multi-year economic and structural ``reform'' programs, \n which have frequently done the countries more harm than good; \n and\n (3) despite 10 years of ESAF lending, poverty continues to \n increase in many countries that are eligible for loans from the \n ESAF.\n (b) Sense of the Congress.--It is the sense of the Congress that \nthe United States should not provide additional resources to the \nEnhanced Structural Adjustment Facility.\n\n TITLE V--TRANSPORTATION PROGRAMS\n\nSEC. 501. SENSE OF CONGRESS CONCERNING HIGHWAY DEMONSTRATION PROJECTS.\n\n (a) Finding.--Congress finds that--\n (1) the Intermodal Surface Transportation Efficiency Act of \n 1991 (ISTEA) included a five-fold increase in demonstration \n projects compared to the Surface Transportation and Uniform \n Relocation Assistance Act of 1987;\n (2) highway demonstration projects provide limited economic \n benefits; and\n (3) highway demonstration projects frequently are not \n consistent with key transportation priorities, do not appear on \n State or regional transportation plans, and draw funds away \n from other major Federal-aid highway programs.\n (b) Sense of Congress.--It is therefore the sense of Congress that \nhighway demonstration projects should not be required by Federal law.\n\nSEC. 502. ELIMINATION OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM \n PROGRAM.\n\n (a) Repeal.--Section 201 of the Appalachian Regional Development \nAct of 1965 (40 U.S.C. App. 201) is repealed.\n (b) Conforming Amendments.--Section 401 of such Act (40 U.S.C. App. \n401) is amended--\n (1) by striking ``in section 201 for the Appalachian \n Development Highway System and Local Access Roads, and''; and\n (2) by striking ``and in section 201(g) for the Appalachian \n development highway system and local access roads,''.","summary":"TABLE OF CONTENTS: Title I: Agriculture Programs Title II: Energy and Water Programs Title III: Interior Programs Title IV: Foreign Operations Programs Title V: Transportation Programs Omnibus Corporate Welfare Reduction Act of 1997 - Title I: Agriculture Programs - Repeals the Rural Electrification Act of 1936 (REA), provisions of the Disaster Relief Act of 1970 relating to adjusting the repayment schedules on REA loans, and provisions of Federal law regarding: (1) congressional policy concerning making funds available to rural electric and telephone systems, (2) congressional policy with respect to rural telephone system financing. (3) loan programs under the Rural Electrification and Telephone Revolving Fund. And (4) rural advanced telecommunications. Rescinds related unobligated balances. Repeals provisions of the Agricultural Trade Act of 1978 regarding an agricultural commodity export promotion program. Title II: Energy and Water Programs - Prohibits obligating or spending funds for the Animas-La Plata Project, Colorado and New Mexico, except regarding alternatives that would satisfy the water rights interests of the Ute Mountain Ute Indian Tribe and the Southern Ute Indian Tribe. Declares that the Congress is concerned about the pyroprocessing program and should not proceed with a liquid metal reactor program. Amends provisions of the Energy Policy Act of 1992 relating to advanced nuclear reactors to remove references to liquid metal reactors. Title III: Interior Programs - Prohibits the Department of Energy from conducting any fossil energy research and development, except as required by contracts entered into before enactment of this Act and as necessary to terminate ongoing activities. Authorizes appropriations. Amends Federal law commonly known as the National Forest Roads and Trails Act to modify requirements regarding the construction of forest development roads. Declares that it is the sense of the Congress that the full cost of forest road design, construction, and maintenance should be recovered through user fees. Prohibits fund obligation for the Clean Coal Technology program. Repeals, subject to exception, related appropriations from an appropriations Act for FY 1986 and rescinds any related unobligated funds. Title IV: Foreign Operations Programs - Abolishes the Overseas Private Investment Corporation (OPIC) and repeals related provisions. Requires that the Office of Management and Budget perform OPIC functions on certain existing contracts until their expiration. Prohibits contract renewal. Deposits unexpended balances in the Treasury as miscellaneous receipts. Sets forth findings regarding the International Monetary Fund and its Enhanced Structural Adjustment Facility (ESAF). Declares that it is the sense of the Congress that the United States should not participate in the latest round of General Agreements to Borrow or provide additional resources to the ESAF. Title V: Transportation Programs - Expresses the sense of the Congress that highway demonstration projects should not be required by Federal law. Repeals provisions of the Appalachian Regional Development Act of 1965 authorizing the Appalachian development highway system.","title":"Omnibus Corporate Welfare Reduction Act of 1997","text_len":17705,"sum_len":3207} {"bill_id":"106_s1173","text":"SECTION 1. PURPOSE.\n\n The purpose of this Act is--\n (1) to encourage the best and brightest candidates to teach \n in public elementary and secondary schools serving \n disadvantaged populations; and\n (2) to encourage high achieving candidates to enter the \n teaching profession who would otherwise not consider a career \n in teaching.\n\nSEC. 2. GRANTS AUTHORIZED.\n\n (a) In General.--The Secretary is authorized to award grants to at \nleast 50 local educational agencies for a fiscal year to enable the \nlocal educational agencies to award bonuses to highly qualified \nindividuals who agree to teach in elementary schools or secondary \nschools that are served by the local educational agency and located in \nhigh poverty areas, for a period of not less than 4 years.\n (b) Local Educational Agency Eligibility.--A local educational \nagency shall be eligible for a grant under this Act if--\n (1) not less than 20 percent of children in the schools \n served by the local educational agency are eligible to be \n counted under section 1124(c) of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 6333(c)); or\n (2) the local educational agency is eligible to be counted \n under section 10952 of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 8272).\n (c) Requirement.--The Secretary shall award a grant under \nsubsection (a) to at least 1 eligible local educational agency in each \nState.\n (d) Amount.--Grants under this section shall be awarded based on \nthe number of students enrolled in schools under the jurisdiction of \nthe local educational agency involved. With respect to a local \neducational agency with an enrollment of--\n (1) 1,500 or fewer students, the amount of a grant shall be \n $22,500;\n (2) at least 1,501 but less than 5,001 students, the amount \n of a grant shall be $112,500;\n (3) at least 5,001 but less than 15,001 students, the \n amount of a grant shall be $150,000; and\n (4) at least 15,001 students, the amount of a grant shall \n be $300,000.\n (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code \nof 1986, a bonus awarded under this Act shall not be includable in the \ngross income of the individual awarded the bonus.\n (f) Collaboration.--The Secretary shall collaborate with local \neducational agencies, local boards of education, and local offices of \nstudent financial assistance in carrying out the program assisted under \nthis section.\n (g) Definition.--The definitions in section 14101 of the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to \nthis Act.\n\nSEC. 3. LOCAL REQUIREMENTS.\n\n (a) Local Uses.--Each local educational agency receiving a grant \nunder this Act shall use the funds made available under this Act to--\n (1) award bonuses to highly qualified individuals who agree \n to teach in elementary schools or secondary schools in which at \n least 40 percent of the children are eligible to be counted \n under section 1124(c) of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 6333(c));\n (2) award the bonuses in accordance with subsection (b) on \n a competitive basis taking into consideration--\n (A) objective measures such as test scores, grade \n point average or class rank, and such other criteria as \n the local educational agency may determine appropriate; \n and\n (B) recommendations received under subsection (c); \n and\n (3) award the bonuses in the amount of $15,000 with $7,500 \n paid after the first year of such teaching and $7,500 paid \n after the second year of such teaching.\n (b) Bonuses.--With respect to bonuses under subsection (a)(2), the \nlocal educational agency shall, with respect to a local educational \nagency with an enrollment of--\n (1) 1,500 or fewer students, award bonuses to not more than \n 3 highly qualified individuals in the fiscal year involved;\n (2) at least 1,501 but less than 5,001 students, award \n bonuses to not more than 15 highly qualified individuals;\n (3) at least 5,001 but less than 15,001 students, award \n bonuses to not more than 20 highly qualified individuals; and\n (4) at least 15,001 students, award bonuses to not more \n than 40 highly qualified individuals.\n (c) Prohibition.--Each local educational agency receiving a grant \nunder this Act shall not use the grant funds to offset the salary of a \nteacher awarded a bonus under this Act.\n (d) Recommendations.--Each local educational agency receiving a \ngrant under this Act shall establish a system for receiving a limited \nnumber of recommendations from institutions of higher education for \nindividuals to receive bonus awards under this Act.\n\nSEC. 4. ELIGIBILITY.\n\n To be eligible to receive a bonus award under this Act an \nindividual--\n (1) shall enter into an agreement with the local \n educational agency to work in a school described in section \n 3(a)(1) for not less than 4 years or repay the bonus in \n accordance with section 6;\n (2) shall pass all State certification examinations \n required to teach in an elementary school or secondary school \n in the State;\n (3) shall have graduated with a 3.5 grade point average \n from an institution of higher education, or have graduated in \n the top 15 percent of the individual's graduating class at an \n institution of higher education, with a bachelor's degree;\n (4) shall submit an application to the local educational \n agency in accordance with section 5(a).\n\nSEC. 5. APPLICATIONS; NOTIFICATION.\n\n (a) Application.--Each individual desiring a bonus award under this \nAct shall submit an application to a local educational agency not later \nthan January 15 of each year containing such information as the local \neducational agency may require.\n (b) Notification.--A local educational agency shall notify \nindividuals of their bonus awards by May 1 of each year.\n\nSEC. 6. REPAYMENT.\n\n Each individual who receives a bonus award under this Act and does \nnot comply with the terms of the agreement described in section 4(1) \nwithin 6 years of receiving the first bonus award payment under this \nAct, without an excuse that is acceptable to the local educational \nagency, shall repay to the local educational agency the amount of the \nbonus awards received plus interest. Repayment shall begin not later \nthan 2 years after the local educational agency determines the \nindividual is in noncompliance with the agreement.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$15,000,000 for each of the fiscal years 2000 through 2004.","summary":"Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas. Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years. Sets forth requirements relating to: (1) LEA, school, and individual eligibility, (2) grant and bonus amounts. (3) a competitive award process based on objective measures and recommendations from higher education institutions, and (4) service obligations or award repayment. Authorizes appropriations.","title":"A bill to provide for a teacher quality enhancement and incentive program.","text_len":7062,"sum_len":734} {"bill_id":"115_hr5313","text":".\n\n (a) Amendment to Title 31.--Chapter 13 of title 31, United States \nCode, is amended by inserting after section 1310 the following new \nsection:\n\n``SEC. 1311. CONTINUING APPROPRIATIONS.\n\n ``(a)(1) If any regular appropriation bill for a fiscal year does \nnot become law prior to the beginning of such fiscal year or a joint \nresolution making continuing appropriations is not in effect, there is \nappropriated, out of any moneys in the Treasury not otherwise \nappropriated, and out of applicable corporate or other revenues, \nreceipts, and funds, such sums as may be necessary to continue any \nproject or activity for which funds were provided in the preceding \nfiscal year--\n ``(A) in the corresponding regular appropriation \n Act for such preceding fiscal year; or\n ``(B) if the corresponding regular appropriation \n bill for such preceding fiscal year did not become law, \n then in a joint resolution making continuing \n appropriations for such preceding fiscal year.\n ``(2) Appropriations and funds made available, and \n authority granted, for a project or activity for any fiscal \n year pursuant to this section shall be at a rate of operations \n not in excess of the rate of operations provided for in the \n regular appropriation Act providing for such project or \n activity for the preceding fiscal year, or in the absence of \n such an Act, the rate of operations provided for such project \n or activity pursuant to a joint resolution making continuing \n appropriations for such preceding fiscal year.\n ``(3) Appropriations and funds made available, and \n authority granted, for any fiscal year pursuant to this section \n for a project or activity shall be available for the period \n beginning with the first day of a lapse in appropriations and \n ending with the earlier of--\n ``(A) the date on which the applicable regular \n appropriation bill for such fiscal year becomes law \n (whether or not such law provides for such project or \n activity) or a continuing resolution making \n appropriations becomes law, as the case may be, or\n ``(B) the last day of such fiscal year.\n ``(b) An appropriation or funds made available, or authority \ngranted, for a project or activity for any fiscal year pursuant to this \nsection shall be subject to the terms and conditions imposed with \nrespect to the appropriation made or funds made available for the \npreceding fiscal year, or authority granted for such project or \nactivity under current law.\n ``(c) Appropriations and funds made available, and authority \ngranted, for any project or activity for any fiscal year pursuant to \nthis section shall cover all obligations or expenditures incurred for \nsuch project or activity during the portion of such fiscal year for \nwhich this section applies to such project or activity.\n ``(d) Expenditures made for a project or activity for any fiscal \nyear pursuant to this section shall be charged to the applicable \nappropriation, fund, or authorization whenever a regular appropriation \nbill or a joint resolution making continuing appropriations until the \nend of a fiscal year providing for such project or activity for such \nperiod becomes law.\n ``(e) This section shall not apply to a project or activity during \na fiscal year if any other provision of law (other than an \nauthorization of appropriations)--\n ``(1) makes an appropriation, makes funds available, or \n grants authority for such project or activity to continue for \n such period, or\n ``(2) specifically provides that no appropriation shall be \n made, no funds shall be made available, or no authority shall \n be granted for such project or activity to continue for such \n period; or\n ``(f) For purposes of this section, the term `regular appropriation \nbill' means any annual appropriation bill making appropriations, \notherwise making funds available, or granting authority, for any of the \nfollowing categories of projects and activities:\n ``(1) Agriculture, rural development, and related agencies \n programs.\n ``(2) The Departments of Commerce, Justice, and State, the \n judiciary, and related agencies.\n ``(3) The Department of Defense.\n ``(4) The government of the District of Columbia and other \n activities chargeable in whole or in part against the revenues \n of the District.\n ``(5) The Departments of Labor, Health and Human Services, \n and Education, and related agencies.\n ``(6) The Department of Housing and Urban Development, and \n sundry independent agencies, boards, commissions, corporations, \n and offices.\n ``(7) Energy and water development.\n ``(8) Foreign assistance and related programs.\n ``(9) The Department of the Interior and related agencies.\n ``(10) Military construction.\n ``(11) The Department of Transportation and related \n agencies.\n ``(12) The Treasury Department, the U.S. Postal Service, \n the Executive Office of the President, and certain independent \n agencies.\n ``(13) The legislative branch.''.\n (b) Conforming Amendment.--Section 202(e)(3) of the Congressional \nBudget Act of 1974 is amended by inserting ``and on or before September \n30'' before ``of each year''.\n (c) Chapter Analysis.--The analysis of chapter 13 of title 31, \nUnited States Code, is amended by inserting after the item relating to \nsection 1310 the following new item:\n\n``1311. Continuing appropriations.''.\n (d) Effect of Amendments.--Nothing in the amendments made by this \nsubsection shall be construed to affect Government obligations mandated \nby other law, including obligations with respect to Social Security, \nMedicare, and Medicaid.","summary":"End Federal Shutdowns Act of 2018 This bill provides specified continuing appropriations to prevent a government shutdown if any regular appropriations bill for a fiscal year has not been enacted or a joint resolution making continuing appropriations is not in effect after the fiscal year begins. The appropriations are provided to continue to fund projects and activities for which funds were provided in the preceding fiscal year.","title":"End Federal Shutdowns Act of 2018","text_len":6120,"sum_len":433} {"bill_id":"111_hr5799","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transportation Efficiency Act''.\n\nSEC. 2. NATIONAL INTERMODAL TRANSPORTATION PLANNING TASK FORCE.\n\n (a) Establishment of Task Force.--The President shall create a \nNational Intermodal Transportation Planning Task Force (referred to in \nthis Act as ``Task Force'') with the Secretary of Transportation, or \ndesignee, acting as chairperson and compromised of representatives of \nthe Departments of Commerce, Energy, Labor, and Housing and Urban \nDevelopment, the Environmental Protection Agency and other government \nagencies the President considers necessary to conduct the study and \ncomplete the Plan required by this Act.\n (b) Duties of Task Force.--The Task Force shall--\n (1) conduct a study on transportation needs, a draft of \n which shall be completed not later than 12 months after the \n date of enactment of this Act and the final study shall be \n completed not later than 15 months after the date of enactment \n of this Act;\n (2) sponsor a conference on National Transportation \n Planning not later than 6 months after the completion of the \n draft study;\n (3) make recommendations to the President for possible \n invitees to the conference on National Transportation Planning \n described in section 3;\n (4) use the study and the input of attendees of the \n conference under section 3 to draft a National Intermodal \n Transportation Plan (referred to in this Act as ``Plan'') not \n later than 24 months after the date of enactment of this Act \n and publish it in the Federal Register and place it on the \n Department's Web site for public comment; and\n (5) transmit to Congress, and place on the Department of \n Transportation's Web site, a National Intermodal Transportation \n Plan not later than 24 months after the date of enactment of \n this Act.\n\nSEC. 3. NATIONAL TRANSPORTATION STUDY.\n\n In developing the study established pursuant to section 1, the Task \nForce shall consider all aspects and all modes of transportation, \npublic, private, and commercial, including air, rail (passenger and \nfreight), road, port, waterway, bicycle, and pedestrian. The study \nshall project for the next 30 years and examine and identify for such \nperiod of time the following:\n (1) National transportation priorities.\n (2) The anticipated demand, steps currently being taken to \n address anticipated demand, how successful these steps are \n anticipated to be, the most advantageous allocation of \n shipments of goods and travel among the various capacities of \n various modes, connectivity of those modes, and comparative \n costs. Comparative costs shall take into account past public \n investments in currently existing infrastructure for each \n transportation mode.\n (3) Deficiencies in the current and currently planned \n transportation systems to meet current and anticipated demand \n and the appropriate level of redundancies.\n (4) How intermodal transportation planning may help address \n anticipated transportation demand, social impacts of \n transportation, and the impact of the transportation sector on \n the environment, particularly global warming.\n (5) What obstacles exist to enhance and improve intermodal \n transportation planning to meet national priorities so that the \n national Plan provides suggestions on policy and legislative \n recommendations to such obstacles.\n (6) Transportation purposes, systems operational \n requirements and capacities, comparative long-term costs, and \n revenue sources.\n (7) How different agencies and levels of government may be \n better incorporated and coordinated to improve transportation \n planning.\n (8) Obstacles to potential benefits from, and current \n efforts in mega-region planning at the national and regional \n level.\n\nSEC. 4. NATIONAL TRANSPORTATION PLANNING CONFERENCE.\n\n (a) In General.--The Task Force shall convene a National \nTransportation Priorities Conference (referred to in this Act as the \n``Conference'') not later than 6 months after the completion of the \ndraft National Transportation Study.\n (b) Conference Mission.--The mission of the Conference shall be--\n (1) to review the draft of the study conducted pursuant to \n section 2 and comment on the draft's findings;\n (2) to discuss ways to improve transportation planning;\n (3) to suggest short-term and long-term goals to be \n incorporated into the Plan;\n (4) to examine and evaluate how environmental priorities \n and economic planning are integrated into transportation \n planning;\n (5) to identify obstacles to meeting those goals and \n suggestion measures to reduce or eliminate those obstacles; and\n (6) to perform other tasks that the Task Force considers \n helpful to complete the Study and the Plan.\n (c) Conference Representatives.--The Conference shall be comprised \nof representatives appointed by the President of the following:\n (1) State Departments of Transportation.\n (2) State legislatures.\n (3) Municipal leaders.\n (4) Metropolitan planning organizations.\n (5) Transportation nonprofit and advocacy groups.\n (6) Bike and pedestrian and other transportation safety \n organizations.\n (7) Transportation trade associations.\n (8) Small and large transportation companies.\n (9) Environmental organizations.\n (10) Labor unions.\n (11) Academia.\n (12) And other groups the Task Force considers helpful in \n achieving the conference's mission.\n\nSEC. 5. NATIONAL INTERMODAL TRANSPORTATION PLAN.\n\n (a) In General.--The Plan developed under this Act shall include \nall aspects and all modes of transportation, both public and private, \nincluding rail, aviation, waterways, roads, ports, bicycle, and \npedestrian and shall include the following:\n (1) Summary of the findings of the study.\n (2) Short-term and long-term goals.\n (3) A description of how each short-term goal will lead to, \n or at least not preclude, achieving long-term goals.\n (4) Incremental steps and performance measures to achieve \n such goals.\n (5) What public and private resources will be required to \n implement the Plan.\n (6) Any recommended legislative changes that are necessary \n to meet national priorities and the short-term and long-term \n goals, including better intermodal transportation and mega-\n region planning.\n (7) An exploration of potential alternatives to what is \n proposed in the Plan.\n (b) Long-Term Goals.--The long-term goals in the Plan shall take \ninto account the following:\n (1) Accessibility, including how best to reasonably ensure \n that the various parts of the country have access to the \n national transportation system (road, rail routes, air routes, \n and water routes), including how and when public subsidies or \n regulation may be needed.\n (2) Mobility, including the ease and expense of getting \n people and goods to their desired destination in order to meet \n economics and societal needs.\n (3) National security, including addressing moving people \n and goods by alternative routes and modes in the face of either \n a natural or man-made disaster or intentional act.\n (4) Economic prosperity, including addressing how a vibrant \n economy requires timely and cost-effective movement of goods \n and services and how various national transportation policies \n can positively and negatively effect local and regional \n economies.\n (5) Social equity, including addressing the fact that \n transportation decisions have different costs and benefits on \n differing segments of our society and how goals may be \n established to help minimize those differences and ensure that \n vulnerable segments of society do not pay a disproportionate \n percentage of the cost.\n (6) Evaluate the environmental protection, including \n addressing the fact that transportation issues will have \n varying impacts on the environment from its contribution to \n green house gasses and other emissions to short-term economic \n costs that may lead to a decision that is counter to a long-\n term environmental benefit.\n (7) Energy consumption, including addressing how to \n minimize overall transportation sector energy needs and \n utilizing cost-benefit analysis based upon full-cost \n accounting.\n\nSEC. 6. FUNDING AUTHORIZATION.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Transportation Efficiency Act - Directs the President to create a National Intermodal Transportation Planning Task Force to: (1) study the nation's transportation needs and priorities for the next 30 years, (2) convene a conference on National Transportation Planning. And (3) draft a National Intermodal Transportation plan that includes short- and long-term goals for meeting those priorities and improving intermodal transportation planning for all modes of the national transportation system.","title":"To require the Secretary of the Department of Transportation to conduct a study and develop a national intermodal transportation plan, and for other purposes.","text_len":9272,"sum_len":496} {"bill_id":"112_s2130","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Conservation Corps \nAuthorization Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Corps.--The term ``corps'' means the veterans \n conservation corps established under section 3(a).\n (2) Eligible veteran.--The term ``eligible veteran'' means \n a veteran (as the term is defined in section 101 of title 38, \n United States Code) that, as of the date on which the \n application for the corps is submitted--\n (A) is unemployed;\n (B) is not enrolled in any other Federal training \n program; and\n (C) meets any other criteria that the Secretary \n determines to be appropriate.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. VETERANS CONSERVATION CORPS.\n\n (a) Establishment.--The Secretary, in cooperation with the \nSecretary of Veterans Affairs and the Secretary of Commerce, shall \nestablish a veterans conservation corps--\n (1) to provide training and employment to eligible \n veterans;\n (2) to assist eligible veterans in the transition from \n service in the Armed Forces to civilian life; and\n (3) to assist the Federal Government in maintaining Federal \n land and water.\n (b) Employment of Eligible Veterans.--\n (1) Long-term employment.--\n (A) Initial period.--The Secretary shall employ in \n the corps eligible veterans for a 1-year period to \n carry out work projects assigned under subsection (c).\n (B) Extension of employment.--The Secretary may, on \n a case-by-case basis and as the Secretary considers \n appropriate, extend the employment of an eligible \n veteran under subparagraph (A) for an additional 1-year \n period.\n (2) Temporary employment for student veterans.--\n (A) In general.--The Secretary may establish a \n program in the corps for the short-term employment of \n eligible veterans that are attending institutions of \n higher education.\n (B) Terms.--The employment of an eligible veteran \n under subparagraph (A) shall not exceed 16 weeks in \n total.\n (3) Compensation.--An eligible veteran employed by the \n corps under paragraph (1) or (2) shall receive a stipend and \n living allowance in an amount to be determined by the \n Secretary, in consultation with Secretary of Veteran Affairs.\n (c) Work Projects.--\n (1) Assignment.--Each eligible veteran employed under \n subsection (b)(1) shall be assigned to a work project that--\n (A) furthers the purposes described in subsection \n (a); and\n (B) falls within 1 or more of the following \n categories:\n (i) Transportation improvements, such as \n improving wilderness trails.\n (ii) Erosion control.\n (iii) Landscape and recreation.\n (iv) Habitat protection and restoration, \n including removal of invasive species.\n (v) Data collection.\n (vi) Any other specific project category \n identified under paragraph (2).\n (2) Specification of additional project categories.--Not \n later than 180 days after the date of enactment of this Act, \n the Secretary and the Secretary of Commerce shall identify \n additional project categories that the Secretary and the \n Secretary of Commerce consider appropriate to further the \n purposes described in subsection (a).\n (3) Leveraging of military skills.--To the maximum extent \n practicable, an eligible veteran in the corps shall be assigned \n to a work project under paragraph (1) that enables the eligible \n veteran to use the skills that the eligible veteran developed \n as a member of the Armed Forces.\n (4) Development and supervision of work projects.--The \n Secretary and the Secretary of Commerce shall develop and \n supervise the work projects under the corps that relate to the \n respective jurisdiction of the Secretary and the Secretary.\n (d) Education and Training.--\n (1) In general.--The Secretary, in cooperation with the \n Secretary of Veterans Affairs and the Secretary of Commerce, \n shall establish a program as part of the corps to provide to \n eligible veterans employed under the corps any education or \n training that is necessary to enable the eligible veterans to \n carry out the work projects assigned under subsection (c)(1).\n (2) Use of existing facilities.--To the maximum extent \n practicable, the Secretary, the Secretary of Veterans Affairs, \n and the Secretary of Commerce shall use existing facilities of \n the Federal Government to provide the education and training \n required under paragraph (1).","summary":"Veterans Conservation Corps Authorization Act - Directs the Secretary of the Interior to establish a veteran conservation corps (corps) to: (1) provide training and employment to unemployed veterans not enrolled in any other federal training program, (2) assist veterans in their transition from military service to civilian life, and (3) assist the government in maintaining federal land and water. Directs the Secretary to employ such veterans for a one-year period, with an option for employment for an additional one-year period. Allows the Secretary to establish a corps program for the short-term employment of veterans attending institutions of higher education. Directs the Secretary to establish a program to provide to such veterans any education or training necessary to carry out assigned work projects.","title":"A bill to direct the Secretary of Interior to establish a veterans conservation corps, and for other purposes.","text_len":5388,"sum_len":815} {"bill_id":"110_s1440","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unfair Foreign Competition Act of \n2007''.\n\nSEC. 2. JUDICIAL DETERMINATION OF INJURY.\n\n (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. \n1671 et seq.) is amended by adding at the end the following new \nsubtitle:\n\n ``Subtitle E--Judicial Determination of Injury\n\n``SEC. 791. CIVIL ACTION.\n\n ``(a) Injury Determination.--Notwithstanding any other provision of \nthis title, in an antidumping or countervailing duty investigation \ninitiated under section 702 or 732, a petitioning party, may, not later \nthan 30 days after the date an investigation is initiated under such \nsections, elect to bring a civil action in a United States district \ncourt, for a determination that--\n ``(1) an industry in the United States--\n ``(A) is materially injured, or\n ``(B) is threatened with material injury, or\n ``(2) the establishment of an industry in the United States \n is materially retarded,\nby reason of imports, or sales (or the likelihood of sales) for \nimportation, of the merchandise subject to the investigation, and that \nimports of the subject merchandise are not negligible.\n ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year \nreview of an antidumping or countervailing duty order is initiated \nunder section 751(c), a party, who was a petitioning party in the \ninitial investigation that resulted in the antidumping or \ncountervailing duty order, may bring a civil action in a United States \ndistrict court for a determination of whether revocation of the \nantidumping or countervailing duty order or termination of the \ninvestigation suspended under section 704 or 734 would likely lead to \ncontinuation or recurrence of material injury based on the standards \nset forth in section 752.\n ``(c) Effect of Election; Relief.--\n ``(1) Effect of election.--\n ``(A) In general.--An election under subsection (a) \n or (b) of this section shall be for a determination by \n the district court in lieu of a determination by the \n Commission under section 703(a), section 733(a), \n section 705(b), section 735(b), or chapter 1 of \n subtitle C, as the case may be.\n ``(B) Commission to compile record.--If an election \n is made under this subtitle, the Commission shall \n conduct an investigation and compile evidence with \n respect to the petition in the same manner and to the \n same extent under this title as if an election had not \n been made. Any information compiled by the Commission \n shall be made available to the parties to the \n proceeding and furnished to the district court in a \n timely manner.\n ``(C) Notification by the administering authority \n and commission.--If an election is made under this \n subtitle, any notification the administering authority \n is required to provide the Commission under this title \n shall be provided to the district court and any \n notification the Commission is required to provide the \n administering authority shall be provided to the \n district court.\n ``(2) Relief.--\n ``(A) In general.--In an action brought under \n subsection (a) or (b), the district court shall apply \n the same standards and make the same determinations and \n findings, that would be made by the Commission under \n this title if an election had not been made.\n ``(B) Findings and conclusions.--The court shall \n issue findings of fact and conclusions of law and any \n order issued by the court shall have the same effect as \n a determination of the Commission under this title.\n ``(3) Special rules.--The following rules shall apply to \n actions initiated under subsection (a) or (b):\n ``(A) Appeal.--An order issued by a United States \n district court under this title shall be appealable to \n a United States Court of Appeals.\n ``(B) Order not stayed.--An order issued under this \n section shall not be stayed pending appeal to a United \n States Court of Appeals.\n ``(C) Precedential effect of decisions of the \n international trade commission.--The decisions of the \n Commission in other investigations initiated under this \n title shall not be binding on the court.\n ``(D) Hearings.--The court shall provide a \n petitioning party and any interested party an \n opportunity to file briefs and argue orally to the \n court based on the information compiled by the \n Commission.\n ``(E) Attendance by defendant.--There shall be no \n obligation on any defendant interested party to attend \n a meeting or hearing, and failure to do so shall not be \n prejudicial to that party's case.\n ``(F) Default judgments.--The failure of an \n interested party, described in subparagraph (A) or (B) \n of section 771(9), to intervene in an action initiated \n under this section or otherwise to participate in the \n proceedings shall not result in judgment by default.\n ``(G) Venue.--A civil action under this section may \n be brought in a judicial district where a manufacturing \n facility, sales office, or administrative headquarters \n of any plaintiff who is a petitioning party is located.\n ``(d) Service of Process.--Within 5 days of filing an action under \nsubsection (a) or (b), the filing party shall notify all known \ninterested parties described in subparagraphs (A) and (B) of section \n771(9). Such notice shall include--\n ``(1) a copy of the complaint; and\n ``(2) notice that the party is entitled to participate in \n the proceedings pursuant to subsection (e) of this section.\n ``(e) Intervention as of Right.--Any interested party described in \nsubparagraphs (A) and (B) of section 771(9) shall be entitled to \nintervene in an action initiated under this section.\n ``(f) Preliminary Relief.--\n ``(1) In general.--In an action brought under subsection \n (a), the court shall, upon motion, issue a preliminary order \n that contains a determination of whether there is a reasonable \n indication that an industry in the United States is materially \n injured, or is threatened with material injury, or the \n establishment of an industry in the United States is materially \n retarded, by reason of imports of the subject merchandise and \n that imports of the subject merchandise are not negligible. The \n order shall include a description of the essential facts under \n consideration which form the basis of the decision.\n ``(2) Effect of order.--An order making an affirmative \n determination under paragraph (1) shall have the same effect as \n an affirmative preliminary determination by the Commission \n under section 703(a) or 733(a).\n ``(3) Timing.--The court shall make a preliminary \n determination under this subsection within 45 days after a \n complaint has been filed.\n ``(g) Expedited Action.--\n ``(1) In general.--An action brought under subsection (a) \n or (b) shall be advanced on the docket and expedited in every \n way practicable.\n ``(2) Final determination in subsection (a) cases.--The \n court shall make a final determination regarding material \n injury in an action filed under subsection (a) before the later \n of--\n ``(A) the 120th day after the date on which the \n administering authority makes an affirmative \n preliminary determination under section 703(b) or \n 733(b); or\n ``(B) the 45th day after the day on which the \n administering authority makes an affirmative final \n determination under section 705(a) or 735(a).\n ``(3) Final determination in five-year reviews.--The court \n shall make a final determination regarding the likelihood of \n continuation or recurrence of material injury under subsection \n (b) before the later of--\n ``(A) the 360th day after the date on which the \n review is initiated under section 751(c)(2); or\n ``(B) the 120th day after the date on which the \n final determination of the administering authority is \n published.\n ``(4) Extraordinarily complicated cases.--If the court \n concludes that a case is extraordinarily complicated, as \n defined in section 703(c) or 733(c), the court may extend the \n time under paragraphs (2) or (3) by an additional 30 days.\n ``(h) Protection of Confidential Information.--The court shall make \narrangements to protect the confidentiality of information designated \nas proprietary by an interested party pursuant to a judicial protective \norder.''.\n (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff \nAct of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the \nfollowing:\n ``(5) Certain cases to be filed in united states district \n court.--If the injury determination at issue was initially made \n by a United States district court, the court shall retain \n jurisdiction over the injury determination for purposes of this \n section. Any party seeking revocation of an order or \n termination of a suspended investigation shall seek review in \n the district court that made the original injury determination \n under section 791.''.\n (c) Clerical Amendment.--The table of contents for title VII of the \nTariff Act of 1930 is amended by inserting after the item relating to \nsection 783 the following:\n\n ``Subtitle E--Judicial Determination of Injury\n\n``Sec. 791. Civil action.''.\n (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930 \n(19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and \ninserting ``Except in the case where an interested party makes an \nelection under subtitle E of title VII for a judicial determination of \ninjury, within 30 days''.\n (e) Effective Date.--The amendments made by this section apply to--\n (1) countervailing duty investigations initiated under \n section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or \n after the date of the enactment of this Act;\n (2) antidumping duty investigations initiated under section \n 732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the \n date of the enactment of this Act; and\n (3) reviews initiated under section 751 of the Tariff Act \n of 1930 (19 U.S.C. 1675) on or after the date of the enactment \n of this Act.\n\nSEC. 3. APPLICATION TO CANADA AND MEXICO.\n\n Pursuant to article 1902 of the North American Free Trade Agreement \nand section 408 of the North American Free Trade Agreement \nImplementation Act, the amendments made by this Act shall apply with \nrespect to goods from Canada and Mexico.\n\nSEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION.\n\n Not later than 30 days after the date of the enactment of this Act, \npursuant to the Agreement on Implementation of Article VI of the \nGeneral Agreement on Tariffs and Trade 1994 and the Agreement on \nSubsidies and Countervailing Measures, the Secretary of State shall \nnotify the appropriate officials of the World Trade Organization of the \namendments made by this Act and that the United States district courts \nshall be treated as competent authorities for purposes of injury \ndeterminations under title VII of the Tariff Act of 1930 (19 U.S.C. \n1671 et seq.).","summary":"Unfair Foreign Competition Act of 2007 - Amends the Tariff Act of 1930 to authorize a petitioning party, in an antidumping or countervailing duty investigation, to elect, within 30 days after the investigation has started, to bring a civil action in a US district court for determination that a US industry is materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports, or sales for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible. Authorizes such a petitioning party, within 30 days after a five-year review of an antidumping or countervailing duty order is initiated, to bring a civil action in a US district court for determination of whether revocation of the antidumping or countervailing duty order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury. Provides for preliminary relief and expedited action. Applies this Act to goods from Canada and Mexico.","title":"A bill to provide for judicial determination of injury in certain cases involving dumped and subsidized merchandise imported into the United States, and for other purposes.","text_len":12469,"sum_len":1100} {"bill_id":"113_hr5822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Developing Standards for Electronic \nShipping Papers Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The impacts of hazardous materials transportation \n incidents can be mitigated by effective response strategies, \n equipment, and training.\n (2) Shipping papers and manifests are essential tools for \n responding to incidents involving hazardous materials as they \n provide the disclosures needed to determine the proper response \n strategy.\n (3) While physical shipping papers must continue to be \n required under law in order to ensure that redundancies are in \n place to protect the safety of first responders, there should \n be efforts to modernize how hazardous materials information is \n disseminated.\n (4) The HM-ACCESS Program authorized in section 33005 of \n MAP-21 (49 U.S.C. 5121 note) is an important step for \n developing additional, innovative methods for disseminating \n hazardous material information electronically, but the pilot \n tests will not be completed until October 2015.\n (5) As transporters of hazardous materials in commerce \n deploy these innovative technologies on their own, efforts \n should be undertaken to ensure that best practices and \n voluntary standards are available until the HM-ACCESS pilot and \n subsequent rulemakings are completed so that transporters of \n hazardous materials will have guidelines to assist with their \n modernization effort while ensuring that first responders will \n have access to standardized information platforms and systems.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commerce and hazardous material.--The terms \n ``commerce'' and ``hazardous material'' have the meanings given \n such terms in section 5102 of title 49, United States Code.\n (2) Electronic shipping paper.--The term ``electronic \n shipping paper'' means an electronic version of the physical \n shipping paper that is--\n (A) designed to convey the most current available \n hazard information required to be disclosed under \n section 5110(a) of title 49, United States Code; and\n (B) capable of being accessed instantaneously by \n emergency responders during an incident involving \n hazardous material being transported in commerce.\n\nSEC. 4. HAZARDOUS MATERIALS INFORMATION ADVISORY COMMITTEE.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary of Transportation shall establish a \nHazardous Materials Information Advisory Committee composed of members \nappointed by the Secretary.\n (b) Membership.--Members appointed by the Secretary under \nsubsection (a) shall represent the following individuals and entities:\n (1) Fire services personnel and management.\n (2) Law enforcement and other appropriate enforcement \n personnel.\n (3) Other emergency response providers.\n (4) Persons who transport hazardous material by air, \n highway, rail, or water.\n (5) Persons who offer hazardous material in commerce for \n transport by air, highway, rail, or water.\n (6) Employees of persons who transport or offer for \n transportation hazardous material in commerce by air, highway, \n rail, or water.\n (7) The Coast Guard and other relevant agencies.\n (8) Other individuals and entities determined appropriate \n by the Secretary.\n (c) Duties.--Not later than 120 days after the establishment of the \nHazardous Materials Information Advisory Committee under subsection \n(a), the Committee shall--\n (1) develop a voluntary standard for the use of electronic \n shipping papers until a rulemaking has been completed;\n (2) establish a standardized curriculum for training first \n responders and enforcement officials in the use of electronic \n shipping papers and other alternative means of communicating \n hazardous materials information;\n (3) provide recommendations and best practices for the use \n of electronic shipping papers by first responders in varying \n circumstances and locations;\n (4) provide recommendations and best practices to assist \n persons transporting hazardous materials in commerce in \n implementing electronic shipping papers; and\n (5) assess potential issues during deployment phases, \n including first responder training, technology procurement \n issues and budget limitations, and biometrics.\n (d) Requirements.--In developing the best practices, standards, and \nfindings under subsection (c), the Hazardous Materials Information \nAdvisory Committee shall take into consideration--\n (1) the scalability of information in its presentation to \n determine the most efficient means of conveying necessary \n information for emergency response personnel while allowing \n access to ancillary information relating to the transport of \n hazardous materials in order to ensure that information \n conveyed fits the intended need and the varying levels of first \n responder training;\n (2) access issues and spectrum issues for rural responders;\n (3) standardization of information to equipment to ensure \n consistency across modes;\n (4) providing data security and protection from unwanted \n manipulation in order to preserve the integrity of data entered \n by transporters of hazardous materials and accessed by bona \n fide first responders;\n (5) the need to develop a National Deployment Standard on \n biometrics and identifiers to ensure secure access for first \n responders;\n (6) the potential for the deployment of fail-safe \n redundancies linked to State, regional, and local 911 emergency \n centers;\n (7) the timing of implementation and methods for funding \n the implementation of electronic shipping papers devices and \n training;\n (8) updates and revisions to the Emergency Response \n Guidebooks;\n (9) existing technologies that are employed voluntarily by \n persons who transport hazardous materials in commerce by air, \n highway, rail, and water; and\n (10) the results of pilot tests being conducted in \n accordance with section 33005 of MAP-21 (49 U.S.C. 5121 note) \n and any interim recommendations issued by the persons \n administering such pilot tests.\n (e) Travel Expenses.--The Secretary may provide travel expenses, \nincluding per diem in lieu of subsistence, to a member appointed under \nsubsection (b)(1), (b)(2), or (b)(3) in accordance with applicable \nprovisions under subchapter I of chapter 57 of title 5, United States \nCode.\n (f) Report.--Not later than 120 days after the date of enactment of \nthis Act, the Hazardous Materials Information Advisory Committee shall \ntransmit to the Committee on Transportation and Infrastructure of the \nHouse of Representatives and the Committee on Commerce, Science, and \nTransportation of the Senate, a report listing the best practices, \nstandards, and findings developed under subsection (c).","summary":"Developing Standards for Electronic Shipping Papers Act of 2014 - Directs the Secretary of Transportation (DOT) to establish a Hazardous Materials Information Advisory Committee to develop voluntary standards and best practices for first responders and enforcement officials in the use of electronic shipping papers in the event of a hazardous material transportation incident. Defines the term quot, electronic shipping paperquot. As an electronic version of the physical shipping paper conveying the most current available hazard information and capable of being accessed instantaneously by emergency responders during such an incident.","title":"Developing Standards for Electronic Shipping Papers Act of 2014","text_len":7605,"sum_len":638} {"bill_id":"111_hr2575","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prosthetic and Custom Orthotic \nParity Act of 2009''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) There are more than 1,800,000 people in the United \n States living with limb loss.\n (2) Every year, there are more than 130,000 people in the \n United States who undergo amputation.\n (3) In addition, United States military personnel serving \n in Iraq and Afghanistan and around the world have sustained \n traumatic injuries resulting in amputation.\n (4) The number of amputations in the United States is \n projected to increase in the years ahead due to rising \n incidence of diabetes and other chronic illness.\n (5) Those suffering from limb loss can and want to regain \n their lives as productive members of society.\n (6) Prosthetic devices enable amputees to continue working \n and living productive lives.\n (7) Insurance companies have begun to limit reimbursement \n of prosthetic equipment costs at unrealistic levels or not at \n all and often restrict coverage over a person's lifetime, which \n shifts costs onto the Medicare and Medicaid programs.\n (8) Eleven States have addressed this problem and have \n enacted prosthetic parity legislation.\n (9) Prosthetic parity legislation has been introduced and \n is being actively considered in 30 States.\n (10) The States in which prosthetic parity laws have been \n enacted have found there to be minimal or no increases in \n insurance premiums and have reduced Medicare and Medicaid \n costs.\n (11) Prosthetic parity legislation will not add to the size \n of government or to the costs associated with the Medicare or \n Medicaid programs.\n (12) If coverage for prosthetic devices and components are \n offered by a group health insurance policy, then providing such \n coverage of prosthetic devices on par with other medical and \n surgical benefits will not increase the incidence of \n amputations or the number of individuals for which a prosthetic \n device would be medically necessary and appropriate.\n (13) In States where prosthetic parity legislation has been \n enacted, amputees are able to return to a productive life, \n State funds have been saved, and the health insurance industry \n has continued to prosper.\n (14) Prosthetic services allow people to return more \n quickly to their preexisting work.\n (15) Spina bifida occurs in 7 out of every 10,000 live \n births in the United States.\n (16) For children with spina bifida, access to a custom \n orthotic device impacts both their short and long term \n mobility, their muscle strength, and overall quality of life. \n As they mature, the orthotic device allows them to maintain \n their maximum level of functionality. This has a profound \n impact on their ability to become and remain independent and \n productive members of the community.\n (17) Cerebral palsy is one of the most common congenital \n (existing before birth or at birth) disorders of childhood. \n About 10,000 babies per year in the United States will develop \n cerebral palsy.\n (18) The purpose of a custom orthotic device for people \n with cerebral palsy is to protect, such as stabilizing a \n fracture during healing; to prevent deformity, such as \n stretching braces worn while the person sleeps, to help prevent \n muscle contractures; and to improve function. This can help \n kids with cerebral palsy achieve maximum potential in growth \n and development.\n (19) If coverage for prosthetic and custom orthotic devices \n and related services is offered to individuals by a group \n health insurance policy, then providing such coverage of \n prosthetic and orthotic devices on par with other medical and \n surgical benefits will not increase the incidence of \n amputations or the number of individuals for which a prosthetic \n or custom orthotic device would be medically necessary and \n appropriate.\n (b) Purpose.--The purpose of this Act is to require that each group \nhealth plan that provides both coverage for prosthetic devices and \ncomponents and medical and surgical benefits, provide such coverage \nunder terms and conditions that are no less favorable than the terms \nand conditions under which such benefits are provided under such plan.\n\nSEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA.\n\n (a) In General.--Subpart B of part 7 of subtitle B of title I of \nthe Employee Retirement Income Security Act of 1974 is amended by \ninserting after section 713 (29 U.S.C. 1185b) the following new \nsection:\n\n``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY.\n\n ``(a) In General.--In the case of a group health plan (or health \ninsurance coverage offered in connection with such a plan) that \nprovides both medical and surgical benefits and benefits for prosthetic \ndevices and components and orthotic devices (as defined under \nsubsection (d)(1))--\n ``(1) such benefits for prosthetic devices and components \n and custom orthotic devices and related services under the plan \n (or coverage) shall be provided under terms and conditions that \n are no less favorable than the terms and conditions applicable \n to substantially all medical and surgical benefits provided \n under the plan (or coverage);\n ``(2) such benefits for prosthetic devices and components \n and custom orthotic devices and related services under the plan \n (or coverage) may not be subject to separate financial \n requirements (as defined in subsection (d)(2)) that are \n applicable only with respect to such benefits, and any \n financial requirements applicable to such benefits may be no \n more restrictive than the financial requirements applicable to \n substantially all medical and surgical benefits provided under \n the plan (or coverage); and\n ``(3) any treatment limitations (as defined in subsection \n (d)(3)) applicable to such benefits for prosthetic devices and \n components and custom orthotic devices and related services \n under the plan (or coverage) may not be more restrictive than \n the treatment limitations applicable to substantially all \n medical and surgical benefits provided under the plan (or \n coverage).\n ``(b) In-Network and Out-of-Network Standards.--\n ``(1) In general.--In the case of a group health plan (or \n health insurance coverage offered in connection with such a \n plan) that provides both medical and surgical benefits and \n benefits for prosthetic devices and components and custom \n orthotic devices and related services, and that provides both \n in-network benefits for prosthetic devices and components and \n out-of-network benefits for prosthetic devices and components, \n the requirements of this section shall apply separately with \n respect to benefits provided under the plan (or coverage) on an \n in-network basis and benefits provided under the plan (or \n coverage) on an out-of-network basis.\n ``(2) Clarification.--Nothing in paragraph (1) shall be \n construed as requiring that a group health plan (or health \n insurance coverage offered in connection with such a plan) \n eliminate an out-of-network provider option from such plan (or \n coverage) pursuant to the terms of the plan (or coverage).\n ``(c) Additional Requirements.--\n ``(1) Prior authorization.--In the case of a group health \n plan (or health insurance coverage offered in connection with \n such a plan) that requires, as a condition of coverage or \n payment for prosthetic devices and custom orthotic devices and \n related services under the plan (or coverage), prior \n authorization, such prior authorization must be required in the \n same manner as prior authorization is required by the plan (or \n coverage) as a condition of coverage or payment for all similar \n benefits provided under the plan (or coverage).\n ``(2) Limitation on mandated benefits.--Required benefits \n for prosthetic devices and custom orthotic devices and related \n services under this section are limited to the most appropriate \n model that adequately meets the medical requirements of the \n patient, as determined by the treating physician of the \n patient.\n ``(3) Coverage for repair or replacement.--Benefits for \n prosthetic devices and custom orthotic devices and related \n services required under this section shall include coverage for \n repair or replacement of prosthetic devices and components, if \n the repair or replacement is determined appropriate by the \n treating physician of the patient involved.\n ``(4) Annual or lifetime dollar limitations.--A group \n health plan (or health insurance coverage offered in connection \n with such a plan) may not impose any annual or lifetime dollar \n limitation on benefits for prosthetic devices and custom \n orthotic devices and related services unless such limitation \n applies in the aggregate to all medical and surgical benefits \n provided under the plan (or coverage) and benefits for \n prosthetic devices and components.\n ``(d) Definitions.--For the purposes of this section:\n ``(1) Prosthetic devices and components.--The term \n `prosthetic devices and components' means such devices and \n components which may be used to replace, in whole or in part, \n an arm or leg, as well as the services required to do so, and \n includes external breast prostheses incident to mastectomy \n resulting from breast cancer.\n ``(2) Custom orthotic devices and related services.--The \n term `custom orthotic devices and related services' means the \n following:\n ``(A) Custom-fabricated orthotics and related \n services, which include custom-fabricated devices that \n are individually made for a specific patient, as well \n as all services and supplies medically necessary for \n the effective use of the orthotic device, including \n formulating its design, fabrication, material and \n component selection, measurements, fittings, and static \n and dynamic alignments, and instructing the patient in \n the use of the device. No other patient would be able \n to use this item. A custom fabricated item is a device \n which is fabricated based on clinically derived and \n rectified castings, tracings, measurements, and\/or \n other images (such as x-rays) of the body part. The \n fabrication may involve using calculations, templates \n and components. This process requires the use of basic \n materials including, but not limited to plastic, metal, \n leather or cloth in the form of uncut or unshaped \n sheets, bars, or other basic forms and involves \n substantial work such as vacuum forming, cutting, \n bending, molding, sewing, drilling and finishing prior \n to fitting on the patient. Custom-fabricated devices \n may be furnished only by an appropriately credentialed \n (certified or licensed) practitioner or accredited \n supplier in orthotics and\/or prosthetics. These devices \n and services are represented by the existing set of L-\n codes describing this care currently listed in Centers \n for Medicare and Medicaid Services Transmittal 656.\n ``(B) Custom-fitted high orthotics and related \n services, which include prefabricated devices that are \n manufactured with no specific patient in mind, but that \n are appropriately sized, adapted, modified, and \n configured (with the required tools and equipment) to a \n specific patient in accordance with a prescription, and \n which no other patient would be able to use, as well as \n all services and supplies medically necessary for the \n effective use of the orthotic device, including \n formulating its design, fabrication, material and \n component selection, measurements, fittings, and static \n and dynamic alignments, and instructing the patient in \n the use of the device. Custom-fitted high devices may \n be furnished only by an appropriately credentialed \n (certified or licensed) practitioner or accredited \n supplier in orthotics and\/or prosthetics. These devices \n and services are represented by the existing set of L-\n codes describing this care currently listed in Centers \n for Medicare and Medicaid Services Transmittal 656.\n ``(3) Financial requirements.--The term `financial \n requirements' includes deductibles, coinsurance, co-payments, \n other cost sharing, and limitations on the total amount that \n may be paid by a participant or beneficiary with respect to \n benefits under the plan or health insurance coverage and also \n includes the application of annual and lifetime limits.\n ``(4) Treatment limitations.--The term `treatment \n limitations' includes limits on the frequency of treatment, \n number of visits, days of coverage, or other similar limits on \n the scope or duration of treatment.''.\n (b) Clerical Amendment.--The table of contents in section 1 of such \nAct is amended by inserting after the item relating to section 713 the \nfollowing new item:\n\n``Sec. 715. Prosthetics and custom orthotic device parity.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to group health plans (and health insurance coverage \noffered in connection with group health plans) for plan years beginning \non or after the date of the enactment of this Act.\n\nSEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.\n\n (a) Assistance to Plan Participants and Beneficiaries.--The \nSecretary of Labor shall provide for assistance to participants and \nbeneficiaries under such plans with any questions or problems regarding \ncompliance with the requirements of this section.\n (b) Audits.--The Secretary of Labor shall provide for the conduct \nof random audits of group health plans (and health insurance coverage \noffered in connection with such plans) to ensure that such plans are in \ncompliance with section 715 of the Employee Retirement Income Security \nAct of 1974, as added by section 3.\n (c) GAO Study.--\n (1) Study.--The Comptroller General of the United States \n shall conduct a study that evaluates the effect of the \n implementation of the amendments made by this Act on the cost \n of health insurance coverage, on access to health insurance \n coverage (including the availability of in-network providers), \n on the quality of health care, on benefits and coverage for \n prosthetic devices and components, on any additional cost or \n savings to group health plans, on State prosthetic devices and \n components benefit mandate laws, on the business community and \n the Federal Government, and on other issues as determined \n appropriate by the Comptroller General.\n (2) Report.--Not later than 2 years after the date of the \n enactment of this Act, the Comptroller General of the United \n States shall prepare and submit to the appropriate committees \n of Congress a report containing the results of the study \n conducted under paragraph (1).\n (d) Regulations.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of Labor shall promulgate final \nregulations to carry out this Act and the amendments made by this Act.","summary":"Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.","title":"To provide parity under group health plans and group health insurance coverage in the provision of benefits for prosthetic devices and orthotics devices, components and benefits for other medical and surgical services.","text_len":16825,"sum_len":968} {"bill_id":"107_s1122","text":"SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND \n TRAINING EXPENSES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable personal \ncredits) is amended by redesignating section 35 as section 36 and \ninserting after section 34 the following new section:\n\n``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this subtitle \nfor the taxable year an amount equal to the amount paid or incurred by \nthe taxpayer during the taxable year for qualified child disability \nexpenses.\n ``(b) Limitations.--\n ``(1) Maximum dollar amount.--The amount allowed as a \n credit under subsection (a) to the taxpayer for the taxable \n year shall not exceed $3,000.\n ``(2) Limitation based on adjusted gross income.--\n ``(A) In general.--The amount of the credit \n allowable under subsection (a) (after application of \n paragraph (1)) shall be reduced (but not below zero) by \n $500 for each $1,000 (or fraction thereof) by which the \n taxpayer's modified adjusted gross income exceeds \n $150,000.\n ``(B) Modified adjusted gross income.--For purposes \n of subparagraph (A), the term `modified adjusted gross \n income' means adjusted gross income increased by any \n amount excluded from gross income under section 911, \n 931, or 933.\n ``(C) Cost-of-living adjustment.--\n ``(i) In general.--In the case of any \n taxable year beginning in a calendar year after \n 2002, the $150,000 amount under subparagraph \n (A) shall be increased by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n 1(f)(3) for the calendar year in which \n the taxable year begins, determined by \n substituting `calendar year 2001' for \n `calendar year 1992' in subparagraph \n (B) thereof.\n ``(ii) Rounding rules.--If any amount after \n adjustment under clause (i) is not a multiple \n of $1,000, such amount shall be rounded to the \n next lower multiple of $1,000.\n ``(c) Qualified Child Disability Expenses.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified child disability \n expenses' means amounts paid for services and equipment related \n to education and training of a qualified child of the taxpayer \n in connection with a developmental disability of such child, \n including--\n ``(A) behavioral therapy,\n ``(B) speech therapy,\n ``(C) occupational therapy,\n ``(D) physical therapy,\n ``(E) auditory therapy,\n ``(F) assistive communication technology, and\n ``(G) such other services as the Secretary may, in \n consultation with the Secretary of Health and Human \n Services and the Secretary of Education, provide by \n regulation.\n ``(2) Developmental disability.--The term `developmental \n disability' has the same meaning given the term in section 102 \n of the Developmental Disabilities Assistance and Bill of Rights \n Act of 2000 (Public Law 106-402; 114 Stat. 1682).\n ``(3) Qualified child.--The term `qualified child' means \n any individual if--\n ``(A) the taxpayer is allowed a deduction under \n section 151 with respect to such individual for the \n taxable year,\n ``(B) such individual has not attained the age of \n 18 as of the close of the calendar year in which the \n taxable year of the taxpayer begins, and\n ``(C) such individual bears a relationship to the \n taxpayer described in section 32(c)(3)(B).\n ``(d) Verification Requirements.--\n ``(1) Expenses must be substantiated.--Qualified child \n disability expenses to which subsection (a) applies may be \n taken into account under this section only if the taxpayer \n substantiates such expense in such form as the Secretary may \n prescribe.\n ``(2) Identification requirement.--No credit shall be \n allowed under this section with respect to any qualified child \n unless the taxpayer includes the name and taxpayer \n identification number of such qualified child on the return of \n tax for the taxable year.\n ``(e) Special Rules.--\n ``(1) Denial of double benefit.--\n ``(A) In general.--No credit shall be allowed under \n subsection (a) for any expense for which a deduction or \n credit is allowed under any other provision of this \n chapter.\n ``(B) Grants.--No credit shall be allowed under \n subsection (a) for any expense to the extent that funds \n for such expense are received under any Federal, State, \n or local program.\n ``(2) Married couples must file joint returns.--Rules \n similar to the rules of paragraphs (2), (3), and (4) of section \n 21(e) shall apply for purposes of this section.\n ``(3) Basis adjustment.--For purposes of this subtitle, if \n a credit is allowed under this section for any expenditure with \n respect to any property, the increase in the basis of such \n property which would (but for this subsection) result from such \n expenditure shall be reduced by the amount of the credit so \n allowed.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 35 of such Code''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the last item and inserting the \n following new items:\n\n ``Sec. 35. Child disability expenses.\n ``Sec. 36. Overpayments of tax.''.\n (3) Section 1016(a) of such Code is amended by striking \n ``and'' at the end of paragraph (26), by striking the period at \n the end of paragraph (27) and inserting ``, and'', and by \n adding at the end the following:\n ``(28) in the case of property with respect to which a \n credit was allowed under section 35, to the extent provided in \n section 35(e)(3).''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Amends the Internal Revenue Code to allow a tax credit for up to $3,000 of the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses for services and equipment related to education and training of a child of the taxpayer with a developmental disability, including behavioral therapy, speech therapy, occupational therapy, physical therapy, auditory therapy, assistive communication technology, and other related services. Phases out the credit by $500 increments per $1,000 of modified adjusted gross income over $150,000.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit against tax with respect to education and training of developmentally disabled children.","text_len":7518,"sum_len":572} {"bill_id":"115_hr2493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Conflicts from Political Fundraising \nAct of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Public confidence in the Federal Government is based on \n the expectation that officers and employees will discharge \n their duties impartially, and avoid either actual conflicts of \n interest or the appearance thereof.\n (2) The risk of an actual conflict of interest, or the \n appearance thereof, arises when a nominee or appointee to a \n Senate-confirmed position or an individual in a position of a \n confidential or policymaking character has previously donated \n to, solicited for, or received funds from a political action \n committee or entity organized under section 501(c)(4) or \n section 501(c)(6) of the Internal Revenue Code of 1986.\n (3) Since the 2010 decision by the Supreme Court of the \n United States in Citizens United v. Federal Election \n Commission, spending by corporations subject to Federal laws \n and regulations has increased dramatically.\n (4) While some corporate political spending is done \n publicly, contributions to entities organized under section \n 501(c)(4) of the Internal Revenue Code of 1986 need not be \n disclosed, making this spending effectively anonymous. The risk \n of an actual conflict of interest, or the appearance thereof, \n arises whether political spending is public or anonymous.\n (5) Current financial disclosure requirements do not \n require filers to report funds they have donated to, solicited \n for, or received from political action committees or entities \n organized under section 501(c)(4) or section 501(c)(6) of the \n Internal Revenue Code of 1986.\n (6) Apparent or actual conflicts of interest are best \n ameliorated through public disclosure of this activity to the \n Office of Government Ethics so the apparent or actual conflicts \n can be addressed in ethics agreements negotiated between the \n filer and the agency in which the filer will serve.\n\nSEC. 3. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.\n\n (a) Definitions.--Section 109 of the Ethics in Government Act of \n1978 (5 U.S.C. App.) is amended--\n (1) by redesignating paragraphs (2) through (19) as \n paragraphs (5) through (22), respectively; and\n (2) by inserting after paragraph (1) the following:\n ``(2) `covered contribution' means a payment, advance, \n forbearance, rendering, or deposit of money, or any thing of \n value--\n ``(A)(i) that--\n ``(I) is--\n ``(aa) made by or on behalf of a \n covered individual; or\n ``(bb) solicited in writing by or \n on behalf of a covered individual; and\n ``(II) is made--\n ``(aa) to a political organization, \n as defined in section 527 of the \n Internal Revenue Code of 1986; or\n ``(bb) to an organization--\n ``(AA) that is described in \n paragraph (4) or (6) of section \n 501(c) of the Internal Revenue \n Code of 1986 and exempt from \n tax under section 501(a) of \n such Code; and\n ``(BB) that promotes or \n opposes changes in Federal laws \n or regulations that are (or \n would be) administered by the \n agency in which the covered \n individual has been nominated \n for appointment to a covered \n position or is serving in a \n covered position; or\n ``(ii) that is--\n ``(I) solicited in writing by or on behalf \n of a covered individual; and\n ``(II) made--\n ``(aa) by an individual or entity \n the activities of which are subject to \n Federal laws or regulations that are \n (or would be) administered by the \n agency in which the covered individual \n has been nominated for appointment to a \n covered position or is serving in a \n covered position; and\n ``(bb) to--\n ``(AA) a political \n organization, as defined in \n section 527 of the Internal \n Revenue Code of 1986; or\n ``(BB) an organization that \n is described in paragraph (4) \n or (6) of section 501(c) of the \n Internal Revenue Code of 1986 \n and exempt from tax under \n section 501(a) of such Code; \n and\n ``(B) that is made to an organization described in \n item (aa) or (bb) of clause (i)(II) or clause \n (ii)(II)(bb) of subparagraph (A) for which the total \n amount of such payments, advances, forbearances, \n renderings, or deposits of money, or any thing of \n value, during the calendar year in which it is made is \n not less than the contribution limitation in effect \n under section 315(a)(1)(A) of the Federal Election \n Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for \n elections occurring during such calendar year;\n ``(3) `covered individual' means an individual who has been \n nominated or appointed to a covered position; and\n ``(4) `covered position'--\n ``(A) means--\n ``(i) a position described under sections \n 5312 through 5316 of title 5, United States \n Code;\n ``(ii) a position placed in level IV or V \n of the Executive Schedule under section 5317 of \n title 5, United States Code;\n ``(iii) a position as a limited term \n appointee, limited emergency appointee, or \n noncareer appointee in the Senior Executive \n Service, as defined under paragraphs (5), (6), \n and (7), respectively, of section 3132(a) of \n title 5, United States Code; and\n ``(iv) a position in the executive branch \n of the Government of a confidential or policy-\n determining character under schedule C of \n subpart C of part 213 of title 5 of the Code of \n Federal Regulations; and\n ``(B) does not include a position if the individual \n serving in the position has been excluded from the \n application of section 101(f)(5);''.\n (b) Disclosure Requirements.--The Ethics in Government Act of 1978 \n(5 U.S.C. App.) is amended--\n (1) in section 101--\n (A) in subsection (a)--\n (i) by inserting ``(1)'' before ``Within'';\n (ii) by striking ``unless'' and inserting \n ``and, if the individual is assuming a covered \n position, the information described in section \n 102(j), except that, subject to paragraph (2), \n the individual shall not be required to file a \n report if''; and\n (iii) by adding at the end the following:\n ``(2) If an individual has left a position described in subsection \n(f) that is not a covered position and, within 30 days, assumes a \nposition that is a covered position, the individual shall, within 30 \ndays of assuming the covered position, file a report containing the \ninformation described in section 102(j)(2)(A).'';\n (B) in subsection (b)(1), in the first sentence, by \n inserting ``and the information required by section \n 102(j)'' after ``described in section 102(b)'';\n (C) in subsection (d), by inserting ``and, if the \n individual is serving in a covered position, the \n information required by section 102(j)(2)(A)'' after \n ``described in section 102(a)''; and\n (D) in subsection (e), by inserting ``and, if the \n individual was serving in a covered position, the \n information required by section 102(j)(2)(A)'' after \n ``described in section 102(a)''; and\n (2) in section 102--\n (A) in subsection (g), by striking ``Political \n campaign funds'' and inserting ``Except as provided in \n subsection (j), political campaign funds''; and\n (B) by adding at the end the following:\n ``(j)(1) In this subsection--\n ``(A) the term `applicable period' means--\n ``(i) with respect to a report filed pursuant to \n subsection (a) or (b) of section 101, the year of \n filing and the 4 calendar years preceding the year of \n the filing; and\n ``(ii) with respect to a report filed pursuant to \n subsection (d) or (e) of section 101, the preceding \n calendar year; and\n ``(B) the term `covered gift' means a gift that--\n ``(i) is made to a covered individual, the spouse \n of a covered individual, or the dependent child of a \n covered individual;\n ``(ii) is made by an entity described in item (aa) \n or (bb) of section 109(2)(A)(i)(II); and\n ``(iii) would have been required to be reported \n under subsection (a)(2) if the covered individual had \n been required to file a report under section 101(d) \n with respect to the calendar year during which the gift \n was made.\n ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or \n(e) of section 101 by a covered individual shall include, for each \ncovered contribution made by or on behalf of, or that was solicited in \nwriting by or on behalf of, the covered individual during the \napplicable period--\n ``(i) the date on which the covered contribution was made;\n ``(ii) if applicable, the date or dates on which the \n covered contribution was solicited;\n ``(iii) the value of the covered contribution;\n ``(iv) the name of the person making the covered \n contribution; and\n ``(v) the name of the person receiving the covered \n contribution.\n ``(B)(i) Subject to clause (ii), a covered contribution made by or \non behalf of, or that was solicited in writing by or on behalf of, a \ncovered individual shall constitute a conflict of interest, or an \nappearance thereof, with respect to the official duties of the covered \nindividual.\n ``(ii) The Director of the Office of Government Ethics may exempt a \ncovered contribution from the application of clause (i) if the Director \ndetermines the circumstances of the solicitation and making of the \ncovered contribution do not present a risk of a conflict of interest \nand the exemption of the covered contribution would not affect \nadversely the integrity of the Government or the public's confidence in \nthe integrity of the Government.\n ``(3) A report filed pursuant to subsection (a) or (b) of section \n101 by a covered individual shall include the information described in \nsubsection (a)(2) with respect to each covered gift received during the \napplicable period.''.\n (c) Provision of Reports and Ethics Agreements to Congress.--\nSection 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is \namended by adding at the end the following:\n ``(e) Not later than 30 days after receiving a written request from \nthe Chairman or Ranking Member of a committee or subcommittee of either \nHouse of Congress with jurisdiction of the agency in which a covered \nindividual has been nominated for appointment to a covered position or \nis serving in a covered position, the Director of the Office of \nGovernment Ethics shall provide to the Chairman or Ranking Member, \nrespectively, each report filed under this title by the covered \nindividual and any ethics agreement entered into between the agency and \nthe covered individual.''.\n (d) Rules on Ethics Agreements.--The Director of the Office of \nGovernment Ethics shall promptly issue rules regarding how an agency in \nthe executive branch shall address information required to be disclosed \nunder the amendments made by this Act in drafting ethics agreements \nbetween the agency and individuals appointed to positions in the \nagency.\n (e) Technical and Conforming Amendments.--\n (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is \n amended--\n (A) in section 101(f)--\n (i) in paragraph (9), by striking ``section \n 109(12)'' and inserting ``section 109(15)'';\n (ii) in paragraph (10), by striking \n ``section 109(13)'' and inserting ``section \n 109(16)'';\n (iii) in paragraph (11), by striking \n ``section 109(10)'' and inserting ``section \n 109(13)''; and\n (iv) in paragraph (12), by striking \n ``section 109(8)'' and inserting ``section \n 109(11)'';\n (B) in section 103(l)--\n (i) in paragraph (9), by striking ``section \n 109(12)'' and inserting ``section 109(15)''; \n and\n (ii) in paragraph (10), by striking \n ``section 109(13)'' and inserting ``section \n 109(16)''; and\n (C) in section 105(b)(3)(A), by striking ``section \n 109(8) or 109(10)'' and inserting ``section 109(11) or \n 109(13)''.\n (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 \n (2 U.S.C. 1602(4)(D)) is amended by striking ``section \n 109(13)'' and inserting ``section 109(16)''.\n (3) Section 21A of the Securities Exchange Act of 1934 (15 \n U.S.C. 78u-1) is amended--\n (A) in subsection (g)(2)(B)(ii), by striking \n ``section 109(11) of the Ethics in Government Act of \n 1978 (5 U.S.C. App. 109(11)))'' and inserting ``section \n 109 of the Ethics in Government Act of 1978 (5 U.S.C. \n App.))''; and\n (B) in subsection (h)(2)--\n (i) in subparagraph (B), by striking \n ``section 109(8) of the Ethics in Government \n Act of 1978 (5 U.S.C. App. 109(8))'' and \n inserting ``section 109 of the Ethics in \n Government Act of 1978 (5 U.S.C. App.)''; and\n (ii) in subparagraph (C), by striking \n ``section 109(10) of the Ethics in Government \n Act of 1978 (5 U.S.C. App. 109(10))'' and \n inserting ``section 109 of the Ethics in \n Government Act of 1978 (5 U.S.C. App.)''.\n (4) Section 499(j)(2) of the Public Health Service Act (42 \n U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of \n the Ethics in Government Act of 1978'' and inserting ``section \n 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.","summary":"Conflicts from Political Fundraising Act of 2017 This bill amends the Ethics in Government Act of 1978 to revise financial disclosure requirements for federal personnel, including: (1) the disclosure of contributions made or solicited by, or on behalf of, individuals nominated or appointed to high level executive positions or to positions of a confidential or policymaking character to political action committees and tax-exempt social welfare or business organizations. And (2) the disclosure of certain gifts to appointees, their spouses, or dependent children. The Office of Government Ethics shall, upon request, provide to the Chairman or Ranking Member of a House or Senate committee or subcommittee with jurisdiction over the agency to which an individual has been nominated or appointed to a covered position or is serving in a covered position, each financial disclosure report filed by such individual and any ethics agreement entered into between the agency and the individual. The office shall issue rules on how an executive branch agency shall address conflicts of interest identified in disclosures through ethics agreements between the agency and its appointees.","title":"Conflicts from Political Fundraising Act of 2017","text_len":17206,"sum_len":1180} {"bill_id":"109_hr3556","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Affordability for Teachers \nand Public Safety Officers Act of 2005''.\n\nSEC. 2. PILOT PROGRAM FOR REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR \n LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS.\n\n (a) In General.--Section 203(b) of the National Housing Act (12 \nU.S.C. 1709(b)) is amended by adding at the end the following new \nparagraph:\n ``(10) Reduced downpayment requirements for teachers and \n public safety officers.--\n ``(A) In general.--Notwithstanding paragraph (2), \n in the case of a mortgage described in subparagraph \n (B)--\n ``(i) the mortgage shall involve a \n principal obligation in an amount that does not \n exceed the sum of 99 percent of the appraised \n value of the property and the total amount of \n initial service charges, appraisal, inspection, \n and other fees (as the Secretary shall approve) \n paid in connection with the mortgage;\n ``(ii) no other provision of this \n subsection limiting the principal obligation of \n the mortgage based upon a percentage of the \n appraised value of the property subject to the \n mortgage shall apply; and\n ``(iii) the matter in paragraph (9) that \n precedes the first proviso shall not apply and \n the mortgage shall be executed by a mortgagor \n who shall have paid on account of the property \n at least 1 percent of the cost of acquisition \n (as determined by the Secretary) in cash or its \n equivalent.\n ``(B) Mortgages covered.--A mortgage described in \n this subparagraph is a mortgage--\n ``(i) under which the mortgagor is an \n individual who--\n ``(I) is (aa) a teacher, or (bb) a \n public safety officer; and\n ``(II) has not, during the 12-month \n period ending upon the insurance of the \n mortgage, had any present ownership \n interest in a principal residence \n located in the jurisdiction described \n in clause (ii); and\n ``(ii) made for a property that is located \n within the jurisdiction of--\n ``(I) in the case of a mortgage of \n a mortgagor described in clause \n (i)(I)(aa), the local educational \n agency for the school in which the \n mortgagor is employed (or, in the case \n of a mortgagor employed in a private \n school, the local educational agency \n having jurisdiction for the area in \n which the private school is located); \n or\n ``(II) in the case of a mortgage of \n a mortgagor described in clause \n (i)(I)(bb), the jurisdiction served by \n the public law enforcement agency, \n firefighting agency, or rescue or \n ambulance agency that employs the \n mortgagor.\n ``(C) Program integrity.--Notwithstanding any other \n provision of this paragraph and section 203(c)(3), the \n Secretary may suspend the applicability of this \n paragraph and such section for such period as the \n Secretary considers appropriate if the Secretary \n determines such suspension is necessary because of \n fraud or other issues regarding program integrity.\n ``(D) Pilot program limitations.--\n ``(i) Annual.--In any fiscal year, the \n aggregate number of mortgages insured under \n this paragraph may not exceed 10 percent of the \n aggregate number of mortgages and loans insured \n by the Secretary under this title during the \n preceding fiscal year.\n ``(ii) Term of program.--The aggregate \n number or mortgages insured under this \n paragraph may not exceed 50,000.''.\n (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of \nthe National Housing Act (12 U.S.C. 1709(c)) is amended--\n (1) in paragraph (2), in the matter preceding subparagraph \n (A), by striking ``Notwithstanding'' and inserting ``Except as \n provided in paragraph (3) and notwithstanding''; and\n (2) by adding at the end the following new paragraph:\n ``(3) Deferral and reduction of up-front premium.--In the \n case of any mortgage described in subsection (b)(10)(B)--\n ``(A) paragraph (2)(A) of this subsection (relating \n to collection of up-front premium payments) shall not \n apply; and\n ``(B) if, at any time during the 5-year period \n beginning on the date of the insurance of the mortgage, \n the mortgagor ceases to be a teacher or public safety \n officer (as such terms are defined in section 201) or \n pays the principal obligation of the mortgage in full, \n the Secretary shall at such time collect a single \n premium payment in an amount equal to the amount of the \n single premium payment that, but for this paragraph, \n would have been required under paragraph (2)(A) of this \n subsection with respect to the mortgage, as reduced by \n 20 percent of such amount for each successive 12-month \n period completed during such 5-year period before such \n cessation or prepayment occurs.''.\n (c) Definitions.--Section 201 of the National Housing Act (12 \nU.S.C. 1707) is amended--\n (1) in subsection (a), by redesignating clauses (1) and (2) \n as clauses (A) and (B), respectively;\n (2) by redesignating subsections (a) through (f) as \n paragraphs (1) through (6), respectively;\n (3) by realigning each such paragraph 2 ems from the left \n margin; and\n (4) by adding at the end the following new paragraphs:\n ``(7) The term `public safety officer' has the meaning \n given such term in section 1204 of the Omnibus Crime Control \n and Safe Streets Act of 1968 (42 U.S.C. 3796b).\n ``(8) The term `teacher' means an individual who is \n employed on a part- or full-time basis as a teacher, teacher \n assistant, or administrator in a public or private school that \n provides elementary or secondary education, as determined under \n State law, except that elementary education shall include pre-\n Kindergarten education, and except that secondary education \n shall not include any education beyond grade 12.\n ``(9) The term `local educational agency' has the meaning \n given such term in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801).''.\n (d) Regulations.--Not later than 60 days after the date of the \nenactment of this Act, the Secretary shall issue regulations to \nimplement the amendments made by this section.\n\nSEC. 3. PILOT PROGRAM FOR PUBLIC SAFETY OFFICER HOME OWNERSHIP IN AT-\n RISK AREAS.\n\n (a) Program Authority.--The Secretary of Housing and Urban \nDevelopment shall carry out a pilot program in accordance with this \nsection to assist Federal, State, and local public safety officers \npurchasing homes in locally-designated at-risk areas.\n (b) Eligibility.--To be eligible for assistance under this section, \na public safety officer shall agree, in writing, to use the residence \npurchased with such assistance as the primary residence of the public \nsafety officer for not less than 3 years after the date of purchase.\n (c) Mortgage Assistance.--If a public safety officer purchases a \nhome in locally-designated at-risk area and finances such purchase \nthrough a mortgage insured under title II of the National Housing Act \n(12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203 \nor any other provision of the National Housing Act, the following shall \napply:\n (1) Downpayment.--\n (A) In general.--There shall be no downpayment \n required if the purchase price of the property is not \n more than the reasonable value of the property, as \n determined by the Secretary.\n (B) Purchase price exceeds value.--If the purchase \n price of the property exceeds the reasonable value of \n the property, as determined by the Secretary, the \n required downpayment shall be the difference between \n such reasonable value and the purchase price.\n (2) Closing costs.--The closing costs and origination fee \n for such mortgage may be included in the loan amount.\n (3) Insurance premium payment.--There shall be one \n insurance premium payment due on the mortgage. Such insurance \n premium payment--\n (A) shall be equal to 1 percent of the loan amount;\n (B) shall be due and considered earned by the \n Secretary at the time of the loan closing; and\n (C) may be included in the loan amount and paid \n from the loan proceeds.\n (d) Local Designation of at-Risk Areas.--\n (1) Criteria.--Any unit of local government may request \n that the Secretary designate any area within the jurisdiction \n of that unit of local government as a locally-designated at-\n risk area for purposes of this section if the proposed area--\n (A) has a crime rate that is significantly higher \n than the crime rate of the non-designated area that is \n within the jurisdiction of the unit of local \n government; and\n (B) has a population that is not more than 25 \n percent of the total population of area within the \n jurisdiction of the unit of local government.\n (2) Deadline for consideration of request.--Not later than \n 60 days after receiving a request under paragraph (1), the \n Secretary shall approve or disapprove the request.\n (e) Public Safety Officer.--For purposes of this section, the term \n``public safety officer'' has the meaning given such term in section \n201 of the National Housing Act (12 U.S.C. 1707) (as amended by section \n2(c) of this Act).\n (f) Program Integrity.--Notwithstanding any other provision of this \nsection, the Secretary may suspend the applicability of this section \nfor such period as the Secretary considers appropriate if the Secretary \ndetermines such suspension is necessary because of fraud or other \nissues regarding program integrity.\n (g) Regulations.--Not later than 60 days after the date of the \nenactment of this Act, the Secretary shall issue regulations to \nimplement the provisions of this section.\n (h) Sunset.--The Secretary shall not approve any application for \nassistance under this section that is received by the Secretary after \nthe expiration of the 3-year period beginning on the date that the \nSecretary first makes available assistance under the pilot program \nunder this section.","summary":"Housing Affordability for Teachers and Public Safety Officers Act of 2005 - Amends the National Housing Act to provide for one percent downpayments for Federal Housing Administration (FHA) mortgage loans for qualified elementary and secondary school teachers, teacher assistants, and administrators and public safety officers to purchase homes within the jurisdictions of their employing agencies. Authorizes program suspension for fraud or program integrity issues. Limits aggregate mortgages insured under such program to 50,000. Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist federal, state, and local public safety officers purchase primary residences in locally-designated at-risk areas. Authorizes program suspension for fraud or program integrity issues. Prohibits application approvals after the expiration of the three-year period beginning on the date that the Secretary first makes program assistance available.","title":"To authorize the Secretary of Housing and Urban Development to carry out pilot programs to insure low-downpayment mortgages to enable teachers and public safety officers to purchase homes in the jurisdictions they serve and to assist Federal, State, and local public safety officers purchasing homes in locally-designated at-risk areas.","text_len":12446,"sum_len":989} {"bill_id":"109_hr3444","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cures Can Be Found Act of 2005''.\n\nSEC. 2. QUALIFIED STEM CELL CREDITS.\n\n (a) Personal Credit for Qualified Stem Cell Research, Storage, and \nDonation.--Subpart A of part IV of subchapter A of chapter 1 of the \nInternal Revenue Code of 1986 (relating to nonrefundable personal \ncredits) is amended by inserting after section 25B the following new \nsection:\n\n``SEC. 25C. QUALIFIED STEM CELL RESEARCH, STORAGE, AND DONATION CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter--\n ``(1) an amount equal to the qualified stem cell research \n and storage contribution paid by the taxpayer during a taxable \n year, and\n ``(2) $2,000 for each qualified umbilical cord blood \n donation made by the taxpayer during a taxable year.\n ``(b) Qualified Stem Cell Research and Storage Contribution.--For \npurposes of this section--\n ``(1) In general.--The term `qualified stem cell research \n and storage contribution' means the amounts donated by the \n taxpayer to an eligible facility for the purpose of promoting \n qualified stem cell research or the storage of qualified stem \n cells.\n ``(2) Qualified stem cell.--For purposes of this section, \n the term `qualified stem cell' means a human stem cell obtained \n from a human placenta, umbilical cord blood, an organ or tissue \n of a living or deceased human being who has been born, or an \n organ or tissue of unborn human offspring who died of natural \n causes (such as spontaneous abortion).\n ``(3) Eligible facility.--The term `eligible facility' \n means a research institution or storage facility that does not \n engage in research relating to stem cells derived from human \n embryos and does not store stem cells derived from human \n embryos.\n ``(c) Qualified Umbilical Cord Blood Donation.--For purposes of \nthis section, the term `qualified umbilical cord blood donation' means \nthe donation by the taxpayer, on the occasion of the birth of a child \nof the taxpayer, of--\n ``(1) the neonatal blood remaining in the placenta and \n umbilical cord after separation of the mother from the newborn \n baby, or\n ``(2) any other part of the umbilical cord.\n ``(d) Filing Requirements.--\n ``(1) Married individuals.--If the taxpayer is married at \n the close of the taxable year, the credit shall be allowed \n under subsection (a)(2) only if--\n ``(A) the taxpayer and his spouse file a joint \n return for the taxable year, or\n ``(B) the taxpayer is the mother of the child \n referred to in subsection (c).\n ``(2) Individuals who are not married.--If the taxpayer is \n not married at the close of the taxable year, the credit shall \n be allowed under subsection (a) only if the taxpayer is the \n mother of the child referred to in subsection (c).\n ``(3) Marital status.--An individual legally separated from \n his spouse under a decree of divorce or of separate maintenance \n shall not be considered as married.''.\n (b) Business Related Credit for Qualified Research and Storage.--\nSubpart D of part IV of subchapter 1 of such Code is amended by \ninserting after section 45I the following new section:\n\n``SEC. 45J. QUALIFIED STEM CELL RESEARCH AND STORAGE CREDITS.\n\n ``(a) General Rule.--For purposes of section 38--\n ``(1) Qualified stem cell research credit.--The qualified \n stem cell research credit determined under this paragraph for \n any taxable year is equal to 100 percent of the expenses paid \n or incurred by the taxpayer during the taxable year that are \n directly related to qualified stem cell research.\n ``(2) Qualified stem cell storage credit.--The qualified \n stem cell storage credit determined under this paragraph for \n any taxable year is equal to--\n ``(A) 50 percent of the expenses paid or incurred \n by the taxpayer during the taxable year to establish a \n storage facility for qualified stem cells, and\n ``(B) 20 percent of the expenses paid or incurred \n by the taxpayer during the taxable year to maintain the \n storage facility described in subparagraph (A).\n ``(b) Limitation.--With respect to a qualified stem cell storage \nfacility for which an amount determined under subparagraph (A) of \nsubsection (a)(2) has been allowed as a credit in a taxable year, the \namount determined under such subparagraph with respect to such storage \nfacility in a subsequent taxable year shall be zero.\n ``(c) Qualified Stem Cell.--For purposes of this section, the term \n`qualified stem cell' means a human stem cell obtained from a human \nplacenta, umbilical cord blood, an organ or tissue of a living or \ndeceased human being who has been born, or an organ or tissue of unborn \nhuman offspring who died of natural causes (such as spontaneous \nabortion).''.\n (c) Conforming Amendments.--\n (1) Section 38(b) is amended by striking ``plus'' at the \n end of paragraph (18), by striking the period at the end of \n paragraph (19) and inserting ``, plus'', and by adding at the \n end the following:\n ``(20) the qualified stem cell research and storage credits \n determined under section 45J(a).''.\n (2) The table of sections for subpart A of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 25B the following new item:\n\n``Sec. 25C. Qualified stem cell research, storage, and donation \n credit.''.\n (3) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 25B the following new item:\n\n``Sec. 45J. Qualified stem cell research and storage credits.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2005.","summary":"Cures Can Be Found Act of 2005 - Amends the Internal Revenue Code to allow tax credits for donations: (1) to stem cell research or storage facilities. (2) of umbilical cord blood. Allows credits only for donations to facilities that do not engage in research on stem cells derived from human embryos. Allows a business tax credit for stem cell research and storage expenses.","title":"To amend the Internal Revenue Code of 1986 to provide credits against income tax for qualified stem cell research, the storage of qualified stem cells, and the donation of umbilical cord blood.","text_len":6378,"sum_len":374} {"bill_id":"110_hr2943","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Benefit Rating Acceleration for \nVeteran Entitlements Act of 2007''.\n\nSEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED \n AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS \n DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL \n SECURITY ACT .\n\n (a) Disability for Purposes of Entitlement to Disability Insurance \nBenefits and Other Benefits Based on Disability.--\n (1) In general.--Section 223(d) of the Social Security Act \n (42 U.S.C. 423(d)) is amended by adding at the end the \n following new paragraph:\n ``(7)(A) Notwithstanding the preceding provisions of this \nsubsection, any individual who has a service-connected disability rated \nby the Secretary of Veterans Affairs as total for purposes of benefits \nunder chapter 11 of title 38, United States Code, and presents written \ncertification of such rating determination to the Commissioner of \nSocial Security shall be deemed to be under a disability (within the \nmeaning of the preceding paragraphs of this subsection) for each \nmonth--\n ``(i) beginning with the month during which such \n certification is presented to the Commissioner, and\n ``(ii) ending with the earlier of--\n ``(I) any month during which certification is made \n to the Commissioner pursuant to subparagraph (B) that \n such service-connected disability has ceased, or\n ``(II) any month during which the Commissioner \n determines, subject to subparagraph (C), that such \n individual is able to engage in substantial gainful \n activity.\n ``(B) In any case in which the Secretary of Veterans Affairs \ndetermines that an individual who has been determined by such Secretary \nto be totally disabled for purposes of benefits under chapter 11 of \ntitle 38, United States Code, and with respect to whom a certification \nhas been made to the Commissioner pursuant to subparagraph (A) that \nsuch individual has ceased to be so disabled, such Secretary shall \npromptly certify to the Commissioner such Secretary's determination \nthat such individual has ceased to be so disabled.\n ``(C) Any determination by the Commissioner under subparagraph \n(A)(ii)(II) shall be made on the basis of evidence of earnings, without \nconsideration of any evidence of medical recovery.\n ``(D) Nothing in this paragraph shall be construed to preclude a \ndetermination under this title that an individual who is not deemed to \nbe under a disability under subparagraph (A) is under a disability \n(within the meaning of the preceding paragraphs of this subsection).\n ``(E) The Commissioner of Social Security and the Secretary of \nVeterans Affairs shall enter into such arrangements as are necessary \nand appropriate for purposes of carrying out the provisions of this \nparagraph.''.\n (2) Other benefits based on disability.--\n (A) Child's insurance benefits.--Section 202(d)(1) \n of such Act (42 U.S.C. 402(d)(1)) is amended by adding \n at the end the following new sentence: ``Under \n regulations of the Commissioner of Social Security, the \n provisions of section 223(d)(7) shall apply with \n respect to benefits under this section (and \n determinations of disability made for purposes of \n determinations of entitlement to such benefits) in the \n same manner and to the same extent as such provisions \n apply with respect to benefits under section 223 (and \n determinations of disability made for purposes of \n determinations of entitlement to benefits under section \n 223).''.\n (B) Widow's insurance benefits.--Section 202(e)(1) \n of such Act (42 U.S.C. 402(e)(1)) is amended by adding \n at the end the following new sentence: ``Under \n regulations of the Commissioner of Social Security, the \n provisions of section 223(d)(7) shall apply with \n respect to benefits under this section (and \n determinations of disability made for purposes of \n determinations of entitlement to such benefits) in the \n same manner and to the same extent as such provisions \n apply with respect to benefits under section 223 (and \n determinations of disability made for purposes of \n determinations of entitlement to benefits under section \n 223).''.\n (C) Widower's insurance benefits.--Section \n 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended \n by adding at the end the following new sentence: \n ``Under regulations of the Commissioner of Social \n Security, the provisions of section 223(d)(7) shall \n apply with respect to benefits under this section (and \n determinations of disability made for purposes of \n determinations of entitlement to such benefits) in the \n same manner and to the same extent as such provisions \n apply with respect to benefits under section 223 (and \n determinations of disability made for purposes of \n determinations of entitlement to benefits under section \n 223).''.\n (b) Determinations of Periods of Disability.--Section 216(i) of \nsuch Act (42 U.S.C. 416(i)) is amended by adding at the end the \nfollowing new paragraph:\n ``(3)(A) Notwithstanding paragraphs (1) and (2), any individual who \nhas a service-connected disability rated by the Secretary of Veterans \nAffairs as total for purposes of benefits under chapter 11 of title 38, \nUnited States Code, and presents written certification of such rating \ndetermination to the Commissioner of Social Security shall be deemed to \nbe under a disability (within the meaning of paragraph (1)) for each \nmonth--\n ``(i) beginning with the month during which such \n certification is presented to the Commissioner, and\n ``(ii) ending with the earlier of--\n ``(I) any month during which certification is made \n to the Commissioner pursuant to subparagraph (B) that \n such service-connected disability has ceased, or\n ``(II) any month during which the Commissioner \n determines, subject to subparagraph (C), that such \n individual is able to engage in substantial gainful \n activity.\n ``(B) In any case in which the Secretary of Veterans Affairs \ndetermines that an individual who has been determined by such Secretary \nto be totally disabled for purposes of benefits under chapter 11 of \ntitle 38, United States Code, and with respect to whom a certification \nhas been made to the Commissioner pursuant to subparagraph (A) that \nsuch individual has ceased to be so disabled, such Secretary shall \npromptly certify to the Commissioner such Secretary's determination \nthat such individual has ceased to be so disabled.\n ``(C) Any determination by the Commissioner under subparagraph \n(A)(ii)(II) shall be made on the basis of evidence of earnings, without \nconsideration of any evidence of medical recovery.\n ``(D) Nothing in this paragraph shall be construed to preclude a \ndetermination under this title that an individual who is not deemed to \nbe under a disability under subparagraph (A) is under a disability \n(within the meaning of paragraph (1)).\n ``(E) The Commissioner of Social Security and the Secretary of \nVeterans Affairs shall enter into such arrangements as are necessary \nand appropriate for purposes of carrying out the provisions of this \nparagraph.''.\n\nSEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE \n SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES \n OF TITLE XVI OF THE SOCIAL SECURITY ACT.\n\n Section 1614(a)(3) of the Social Security Act (42 U.S.C. \n1382c(a)(3)) is amended by adding at the end the following:\n ``(K) In making determinations with respect to \n disability under this title, the provisions of section \n 223(d)(7) shall apply in the same manner as they apply \n to determinations of disability under title II.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to \ndeterminations of disability in connection with applications for \nbenefits or periods of disability filed or pending on or after the date \nof the enactment of this Act.","summary":"Benefit Rating Acceleration for Veteran Entitlements Act of 2007 - Amends titles II (OASDI) and XVI (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected total disability, as rated and certified by the Secretary of Veterans Affairs. Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.","title":"To amend titles II and XVI of the Social Security Act to provide for treatment of disability rated and certified as total by the Secretary of Veterans Affairs as disability for purposes of such titles.","text_len":8863,"sum_len":406} {"bill_id":"113_s2996","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promise for Antibiotics and \nTherapeutics for Health Act'' or the ``PATH Act''.\n\nSEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS.\n\n Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n356) is amended--\n (1) by transferring subsection (e) so that it appears \n before subsection (f); and\n (2) by adding at the end the following:\n ``(g) Limited Population Pathway for Antibacterial Drugs.--\n ``(1) In general.--The Secretary shall establish a program \n under which the Secretary may, at the request of a sponsor, \n approve an antibacterial drug, alone or in combination with one \n or more drugs, as a limited population antibacterial drug, upon \n a determination that such drug is intended to treat a serious \n or life-threatening disease, condition, or infection and \n address an unmet medical need for such disease, condition, or \n infection within an identifiable limited population.\n ``(2) Limited population pathway.--\n ``(A) In general.--The sponsor of an antibacterial \n drug that the Secretary determines to be eligible for \n approval as a limited population antibacterial drug \n shall be required to demonstrate the safety and \n effectiveness of such drug, as required under section \n 505(d) or section 351(a) of the Public Health Service \n Act, for the intended use of the drug. The Secretary \n shall determine the safety and effectiveness of an \n antibacterial drug under the limited population pathway \n for antibacterial drugs in accordance with subparagraph \n (B). An antibacterial drug shall be eligible for \n approval under the limited population pathway only upon \n the request of the sponsor.\n ``(B) Considerations.--\n ``(i) Benefit-risk profile.--The \n Secretary's determination of safety and \n effectiveness of a limited population \n antibacterial drug shall reflect the benefit-\n risk profile of the drug in the intended \n limited population, taking into account the \n severity, rarity, or prevalence of the \n infection the drug is intended to treat and the \n availability or lack of alternative treatment \n for such infection. Approval of a drug under \n the limited population antibacterial drug \n pathway shall not be denied due to a lack of \n evidence to fully establish a favorable \n benefit-risk profile in a population that is \n broader than the intended limited population.\n ``(ii) Types of evidence.--In determining \n whether to approve a drug under the limited \n population pathway, the Secretary--\n ``(I) shall rely on sufficient \n evidence, which may include traditional \n endpoints, alternate endpoints, or a \n combination of traditional and \n alternate endpoints, and, as \n appropriate, small clinical data sets; \n and\n ``(II) may rely on supplemental \n data, including preclinical evidence, \n pharmacologic or pathophysiologic \n evidence, nonclinical susceptibility, \n pharmacokinetic data, and other such \n confirmatory evidence as the Secretary \n determines appropriate.\n ``(3) Requirements.--With respect to a drug approved \n through the limited population pathway, the Secretary shall \n require--\n ``(A) the labeling of such antibacterial drug, such \n as through a logo or other means, to indicate that the \n drug has been approved for use only in a limited \n population and that the safety and efficacy of the drug \n has been demonstrated only with respect to such limited \n population; and\n ``(B) the sponsor to submit copies of all \n promotional materials related to the limited population \n antibacterial drug, at least 30 days prior to \n dissemination of the materials.\n ``(4) Other programs.--A sponsor of a drug that seeks \n approval of a drug through the limited population pathway for \n antibacterial drugs may also seek approval of such drug under \n subsections (a), (b), and (c), and sections 505E and 524.\n ``(5) Guidance.--Not later than 18 months after the date of \n enactment of the Promise for Antibiotics and Therapeutics for \n Health Act, the Secretary shall issue draft guidance describing \n criteria, processes, and other general considerations for \n demonstrating the safety and effectiveness of limited \n population antibacterial drugs and how the pathway can be \n expanded to other therapeutic areas in addition to \n antibacterial infections. The Secretary may approve \n antibacterial drugs through such limited population pathway \n prior to issuing guidance under this paragraph.\n ``(6) Postapproval monitoring programs for antibacterial \n drugs.--The Secretary, in consultation with the Commissioner \n and other relevant heads of agencies, shall conduct \n postapproval monitoring programs to study how antibacterial \n drugs approved through the pathway under this subsection are \n used and to monitor changes in bacterial resistance to drugs, \n including drugs approved under this pathway.\n ``(7) Advice.--The Secretary shall provide prompt advice to \n the sponsor of a drug for which the sponsor seeks approval \n through the limited population pathway for antibacterial drugs \n to enable the sponsor to plan a development program to obtain \n the necessary data for approval of such drug through the \n limited population pathway for antibacterial drugs and to \n conduct any additional studies that would be required to gain \n approval of such drug for use in a broader population.\n ``(8) Termination of limitations.--If, after approval of a \n drug through the limited population pathway for antibacterial \n drugs, the Secretary approves a broader indication for such \n drug for which the sponsor applies under section 505(b) or \n section 351 of the Public Health Service Act, the Secretary may \n remove any postmarketing conditions, including requirements \n with respect to labeling and review of promotional materials \n under paragraph (3) and postapproval monitoring under paragraph \n (6), applicable to the approval of the drug through the limited \n population pathway for antibacterial drugs.\n ``(9) Rules of construction.--\n ``(A) Standards of evidence and authority of \n secretary.--Nothing in this subsection shall be \n construed to alter the standards of evidence applicable \n to the review and approval of a drug under this Act or \n the Public Health Service Act, or to modify or limit \n the authority of the Secretary to approve or monitor \n drugs pursuant to this Act or the Public Health Service \n Act as authorized prior to the date of enactment of the \n Promise for Antibiotics and Therapeutics for Health \n Act.\n ``(B) Prescribing authority.--Nothing in this \n subsection shall be construed to restrict the \n prescribing of antibiotics or other products, including \n drugs approved under the limited population pathway, by \n health care professionals, or to limit the practice of \n health care.\n ``(10) Expansion of pathway.--Beginning on October 1, 2016, \n the limited population pathway for antibiotic drugs may be \n expanded to apply to approval of other drugs intended to treat \n a serious or life-threatening illness. The approval of such \n drugs shall be subject to the considerations and requirements \n described in this subsection, unless the Secretary delivers a \n report to Congress prior to that date explaining why such \n pathway should not be used for other therapeutic areas in \n addition to antibacterial infections.''.","summary":"Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016.","title":"PATH Act","text_len":9287,"sum_len":1856} {"bill_id":"106_s14","text":"SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Education Savings \nAccount and School Excellence Act of 1999''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this title an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.\n\n (a) Tax-Free Expenditures for Elementary and Secondary School \nExpenses.--\n (1) In general.--Section 530(b)(2) (defining qualified \n higher education expenses) is amended to read as follows:\n ``(2) Qualified education expenses.--\n ``(A) In general.--The term `qualified education \n expenses' means--\n ``(i) qualified higher education expenses \n (as defined in section 529(e)(3)); and\n ``(ii) qualified elementary and secondary \n education expenses (as defined in paragraph \n (4)).\n Such expenses shall be reduced as provided in section \n 25A(g)(2).\n ``(B) Qualified state tuition programs.--Such term \n shall include amounts paid or incurred to purchase \n tuition credits or certificates, or to make \n contributions to an account, under a qualified State \n tuition program (as defined in section 529(b)) for the \n benefit of the beneficiary of the account.''.\n (2) Qualified elementary and secondary education \n expenses.--Section 530(b) (relating to definitions and special \n rules) is amended by adding at the end the following new \n paragraph:\n ``(4) Qualified elementary and secondary education \n expenses.--\n ``(A) In general.--The term `qualified elementary \n and secondary education expenses' means--\n ``(i) expenses for tuition, fees, academic \n tutoring, special needs services, books, \n supplies, computer equipment (including related \n software and services), and other equipment \n which are incurred in connection with the \n enrollment or attendance of the designated \n beneficiary of the trust as an elementary or \n secondary school student at a public, private, \n or religious school; or\n ``(ii) expenses for room and board, \n uniforms, transportation, and supplementary \n items and services (including extended day \n programs) which are required or provided by a \npublic, private, or religious school in connection with such enrollment \nor attendance.\n ``(B) Special rule for homeschooling.--Such term \n shall include expenses described in subparagraph (A)(i) \n in connection with education provided by homeschooling \n if the requirements of any applicable State or local \n law are met with respect to such education.\n ``(C) School.--The term `school' means any school \n which provides elementary education or secondary \n education (kindergarten through grade 12), as \n determined under State law.''.\n (3) Special rules for applying exclusion to elementary and \n secondary expenses.--Section 530(d)(2) (relating to \n distributions for qualified higher education expenses) is \n amended by adding at the end the following new subparagraph:\n ``(E) Special rules for elementary and secondary \n expenses.--\n ``(i) In general.--The aggregate amount of \n qualified elementary and secondary education \n expenses taken into account for purposes of \n this paragraph with respect to any education \n individual retirement account for all taxable \n years shall not exceed the sum of the aggregate \n contributions to such account for taxable years \n beginning after December 31, 1998, and before \n January 1, 2003, and earnings on such \n contributions.\n ``(ii) Special operating rules.--For \n purposes of clause (i)--\n ``(I) the trustee of an education \n individual retirement account shall \n keep separate accounts with respect to \n contributions and earnings described in \n clause (i); and\n ``(II) if there are distributions \n in excess of qualified elementary and \n secondary education expenses for any \n taxable year, such excess distributions \n shall be allocated first to \n contributions and earnings not \n described in clause (i).''.\n (4) Conforming amendments.--Subsections (b)(1) and (d)(2) \n of section 530 are each amended by striking ``higher'' each \n place it appears in the text and heading thereof.\n (b) Maximum Annual Contributions.--\n (1) In general.--Section 530(b)(1)(A)(iii) (defining \n education individual retirement account) is amended by striking \n ``$500'' and inserting ``the contribution limit for such \n taxable year''.\n (2) Contribution limit.--Section 530(b) (relating to \n definitions and special rules), as amended by subsection \n (a)(2), is amended by adding at the end the following new \n paragraph:\n ``(5) Contribution limit.--The term `contribution limit' \n means $500 ($2,000 in the case of any taxable year beginning \n after December 31, 1998, and ending before January 1, 2003).''.\n (3) Conforming amendment.--Section 4973(e)(1)(A) is amended \n by striking ``$500'' and inserting ``the contribution limit (as \n defined in section 530(b)(5)) for such taxable year''.\n (c) Waiver of Age Limitations for Children With Special Needs.--\nSection 530(b)(1) (defining education individual retirement account) is \namended by adding at the end the following flush sentence:\n ``The age limitations in the preceding sentence shall not apply \n to any designated beneficiary with special needs (as determined \n under regulations prescribed by the Secretary).''.\n (d) Corporations Permitted To Contribute to Accounts.--Section \n530(c)(1) (relating to reduction in permitted contributions based on \nadjusted gross income) is amended by striking ``The maximum amount \nwhich a contributor'' and inserting ``In the case of a contributor who \nis an individual, the maximum amount the contributor''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1998.","summary":"Education Savings Account and School Excellence Act of 1999 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses. And (2) increase the annual contribution limit from $500 to $2,000. Waives the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries. Permits corporations to contribute to education IRAs.","title":"Education Savings Account and School Excellence Act of 1999","text_len":7650,"sum_len":508} {"bill_id":"110_s2258","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Third Higher Education Extension Act \nof 2007''.\nSEC. 2. EXTENSION OF PROGRAMS.\n Section 2(a) of the Higher Education Extension Act of 2005 (Public \nLaw 109-81; 20 U.S.C. 1001 note) is amended by striking ``October 31, \n2007'' and inserting ``March 31, 2008''.\nSEC. 3. RULE OF CONSTRUCTION.\n Nothing in this Act, or in the Higher Education Extension Act of \n2005 as amended by this Act, shall be construed to limit or otherwise \nalter the authorizations of appropriations for, or the durations of, \nprograms contained in the amendments made by the Higher Education \nReconciliation Act of 2005 (Public Law 109-171) or by the College Cost \nReduction and Access Act (Public Law 110-84) to the provisions of the \nHigher Education Act of 1965 and the Taxpayer-Teacher Protection Act of \n2004.\nSEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROFIT HOLDER.\n Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. \n1085(p)) is amended--\n (1) in paragraph (1), by striking subparagraph (D) and \n inserting the following:\n ``(D) acting as a trustee on behalf of a State, political \n subdivision, authority, agency, instrumentality, or other \n entity described in subparagraph (A), (B), or (C), regardless \n of whether such State, political subdivision, authority, \n agency, instrumentality, or other entity is an eligible lender \n under subsection (d).''; and\n (2) in paragraph (2)--\n (A) in subparagraph (A)(i), by striking subclause (II) and \n inserting the following:\n\n ``(II) is acting as a trustee on behalf of a State, \n political subdivision, authority, agency, \n instrumentality, or other entity described in \n subparagraph (A), (B), or (C) of paragraph (1), \n regardless of whether such State, political \n subdivision, authority, agency, instrumentality, or \n other entity is an eligible lender under subsection \n (d), and such State, political subdivision, authority, \n agency, instrumentality, or other entity, on the date \n of enactment of the College Cost Reduction and Access \n Act, was the sole beneficial owner of a loan eligible \n for any special allowance payment under section 438.'';\n\n (B) in subparagraph (A)(ii), by inserting ``of'' after \n ``waive the requirements'';\n (C) by amending subparagraph (B) to read as follows:\n ``(B) No for-profit ownership or control.--\n ``(i) In general.--No State, political subdivision, \n authority, agency, instrumentality, or other entity \n described in paragraph (1)(A), (B), or (C) shall be an \n eligible not-for-profit holder under this Act if such \n State, political subdivision, authority, agency, \n instrumentality, or other entity is owned or controlled, in \n whole or in part, by a for-profit entity.\n ``(ii) Trustees.--A trustee described in paragraph \n (1)(D) shall not be an eligible not-for-profit holder under \n this Act with respect to a State, political subdivision, \n authority, agency, instrumentality, or other entity \n described in subparagraph (A), (B), or (C) of paragraph \n (1), regardless of whether such State, political \n subdivision, authority, agency, instrumentality, or other \n entity is an eligible lender under subsection (d), if such \n State, political subdivision, authority, agency, \n instrumentality, or other entity is owned or controlled, in \n whole or in part, by a for-profit entity.'';\n (D) by amending subparagraph (C) to read as follows:\n ``(C) Sole ownership of loans and income.--No State, \n political subdivision, authority, agency, instrumentality, \n trustee, or other entity described in paragraph (1)(A), (B), \n (C), or (D) shall be an eligible not-for-profit holder under \n this Act with respect to any loan, or income from any loan, \n unless--\n ``(i) such State, political subdivision, authority, \n agency, instrumentality, or other entity is the sole \n beneficial owner of such loan and the income from such \n loan; or\n ``(ii) such trustee holds the loan on behalf of a \n State, political subdivision, authority, agency, \n instrumentality, or other entity described in subparagraph \n (A), (B), or (C) of paragraph (1), regardless of whether \n such State, political subdivision, authority, agency, \n instrumentality, or other entity is an eligible lender \n under subsection (d), and such State, political \n subdivision, authority, agency, instrumentality, or other \n entity is the sole beneficial owner of such loan and the \n income from such loan.'';\n (E) in subparagraph (D), by striking ``an entity described \n in described in paragraph (1)(A), (B), or (C)'' and inserting \n ``a State, political subdivision, authority, agency, \n instrumentality, or other entity described in subparagraph (A), \n (B), or (C) of paragraph (1), regardless of whether such State, \n political subdivision, authority, agency, instrumentality, or \n other entity is an eligible lender under subsection (d),''; and\n (F) by amending subparagraph (E) to read as follows:\n ``(E) Rule of construction.--For purposes of subparagraphs \n (A), (B), (C), and (D) of this paragraph, a State, political \n subdivision, authority, agency, instrumentality, or other \n entity described in subparagraph (A), (B), or (C) of paragraph \n (1), regardless of whether such State, political subdivision, \n authority, agency, instrumentality, or other entity is an \n eligible lender under subsection (d), shall not--\n ``(i) be deemed to be owned or controlled, in whole or \n in part, by a for-profit entity; or\n ``(ii) lose its status as the sole owner of a \n beneficial interest in a loan and the income from a loan,\n by such State, political subdivision, authority, agency, \n instrumentality, or other entity, or by the trustee described \n in paragraph (1)(D), granting a security interest in, or \n otherwise pledging as collateral, such loan, or the income from \n such loan, to secure a debt obligation for which such State, \n political subdivision, authority, agency, instrumentality, or \n other entity is the issuer of the debt obligation.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Third Higher Education Extension Act of 2007 - Amends the Higher Education Extension Act of 2005 to extend the programs under the Higher Education Act of 1965 through March 31, 2008. Amends the Higher Education Act of 1965 to consider trustees acting on behalf of certain governmental or tax-exempt entities as eligible nonprofit holders of Federal Family Education Loans (FFELs), regardless of whether or not such entities are eligible FFEL lenders.","title":"A bill to temporarily extend the programs under the Higher Education Act of 1965, to amend the definition of an eligible not-for-profit holder, and for other purposes.","text_len":7132,"sum_len":450} {"bill_id":"104_hr622","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Northwest Atlantic Fisheries \nConvention Act of 1995''.\n\nSEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION.\n\n (a) Commissioners.--\n (1) Appointments, generally.--The Secretary shall appoint \n not more than 3 individuals to serve as the representatives of \n the United States on the General Council and the Fisheries \n Commission, who shall each--\n (A) be known as a ``United States Commissioner to \n the Northwest Atlantic Fisheries Organization''; and\n (B) serve at the pleasure of the Secretary.\n (2) Requirements for appointments.--\n (A) The Secretary shall ensure that of the \n individuals serving as Commissioners--\n (i) at least 1 is appointed from among \n representatives of the commercial fishing \n industry;\n (ii) 1 (but no more than 1) is an official \n of the Government; and\n (iii) 1, other than the individual \n appointed under clause (ii), is a voting member \n of the New England Fishery Management Council.\n (B) The Secretary may not appoint as a Commissioner \n an individual unless the individual is knowledgeable \n and experienced concerning the fishery resources to \n which the Convention applies.\n (3) Terms.--\n (A) The term of an individual appointed as a \n Commissioner--\n (i) shall be specified by the Secretary at \n the time of appointment; and\n (ii) may not exceed 4 years.\n (B) An individual who is not a Government official \n may not serve more than 2 consecutive terms as a \n Commissioner.\n (b) Alternate Commissioners.--\n (1) Appointment.--The Secretary may, for any anticipated \n absence of a duly appointed Commissioner at a meeting of the \n General Council or the Fisheries Commission, designate an \n individual to serve as an Alternate Commissioner.\n (2) Functions.--An Alternate Commissioner may exercise all \n powers and perform all duties of the Commissioner for whom the \n Alternate Commissioner is designated, at any meeting of the \n General Council or the Fisheries Commission for which the \n Alternate Commissioner is designated.\n (c) Representatives.--\n (1) Appointment.--The Secretary shall appoint not more than \n 3 individuals to serve as the representatives of the United \n States on the Scientific Council, who shall each be known as a \n ``United States Representative to the Northwest Atlantic \n Fisheries Organization Scientific Council''.\n (2) Eligibility for appointment.--\n (A) The Secretary may not appoint an individual as \n a Representative unless the individual is knowledgeable \n and experienced concerning the scientific issues dealt \n with by the Scientific Council.\n (B) The Secretary shall appoint as a Representative \n at least 1 individual who is an official of the \n Government.\n (3) Term.--An individual appointed as a Representative--\n (A) shall serve for a term of not to exceed 4 \n years, as specified by the Secretary at the time of \n appointment;\n (B) may be reappointed; and\n (C) shall serve at the pleasure of the Secretary.\n (d) Alternate Representatives.--\n (1) Appointment.--The Secretary may, for any anticipated \n absence of a duly appointed Representative at a meeting of the \n Scientific Council, designate an individual to serve as an \n Alternate Representative.\n (2) Functions.--An Alternate Representative may exercise \n all powers and perform all duties of the Representative for \n whom the Alternate Representative is designated, at any meeting \n of the Scientific Council for which the Alternate \n Representative is designated.\n (e) Experts and Advisers.--The Commissioners, Alternate \nCommissioners, Representatives, and Alternate Representatives may be \naccompanied at meetings of the Organization by experts and advisers.\n (f) Coordination and Consultation.--\n (1) In general.--In carrying out their functions under the \n Convention, Commissioners, Alternate Commissioners, \n Representatives, and Alternate Representatives shall--\n (A) coordinate with the appropriate Regional \n Fishery Management Councils established by section 302 \n of the Magnuson Act (16 U.S.C. 1852); and\n (B) consult with the committee established under \n section 8 of this Act.\n (2) Relationship to other law.--The Federal Advisory \n Committee Act (5 U.S.C. App.) shall not apply to coordination \n and consultations under this subsection.\n\nSEC. 3. REQUESTS FOR SCIENTIFIC ADVICE.\n\n (a) Restriction.--The Representatives may not make a request or \nspecification described in subsection (b) (1) or (2), respectively, \nunless the Representatives have first--\n (1) consulted with the appropriate Regional Fishery \n Management Councils; and\n (2) received the consent of the Commissioners for that \n action.\n (b) Requests and Terms of Reference Described.--The requests and \nspecifications referred to in subsection (a) are, respectively--\n (1) any request, under Article VII(1) of the Convention, \n that the Scientific Council consider and report on a question \n pertaining to the scientific basis for the management and \n conservation of fishery resources in waters under the \n jurisdiction of the United States within the Convention Area; \n and\n (2) any specification, under Article VIII(2) of the \n Convention, of the terms of reference for the consideration of \n a question referred to the Scientific Council pursuant to \n Article VII(1) of the Convention.\n\nSEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.\n\n The Secretary of State may, on behalf of the Government of the \nUnited States--\n (1) receive and transmit reports, requests, \n recommendations, proposals, and other communications of and to \n the Organization and its subsidiary organs;\n (2) object, or withdraw an objection, to the proposal of \n the Fisheries Commission;\n (3) give or withdraw notice of intent not to be bound by a \n measure of the Fisheries Commission;\n (4) object or withdraw an objection to an amendment to the \n Convention; and\n (5) act upon, or refer to any other appropriate authority, \n any other communication referred to in paragraph (1).\n\nSEC. 5. INTERAGENCY COOPERATION.\n\n (a) Authorities of Secretary.--In carrying out the provisions of \nthe Convention and this Act, the Secretary may arrange for cooperation \nwith other agencies of the United States, the States, the New England \nand the Mid-Atlantic Fishery Management Councils, and private \ninstitutions and organizations.\n (b) Other Agencies.--The head of any Federal agency may--\n (1) cooperate in the conduct of scientific and other \n programs, and furnish facilities and personnel, for the \n purposes of assisting the Organization in carrying out its \n duties under the Convention; and\n (2) accept reimbursement from the Organization for \n providing such services, facilities, and personnel.\n\nSEC. 6. RULEMAKING.\n\n The Secretary shall promulgate regulations as may be necessary to \ncarry out the purposes and objectives of the Convention and this Act. \nAny such regulation may be made applicable, as necessary, to all \npersons and all vessels subject to the jurisdiction of the United \nStates, wherever located.\n\nSEC. 7. PROHIBITED ACTS AND PENALTIES.\n\n (a) Prohibition.--It is unlawful for any person or vessel that is \nsubject to the jurisdiction of the United States--\n (1) to violate any regulation issued under this Act or any \n measure that is legally binding on the United States under the \n Convention;\n (2) to refuse to permit any authorized enforcement officer \n to board a fishing vessel that is subject to the person's \n control for purposes of conducting any search or inspection in \n connection with the enforcement of this Act, any regulation \n issued under this Act, or any measure that is legally binding \n on the United States under the Convention;\n (3) forcibly to assault, resist, oppose, impede, \n intimidate, or interfere with any authorized enforcement \n officer in the conduct of any search or inspection described in \n paragraph (2);\n (4) to resist a lawful arrest for any act prohibited by \n this section;\n (5) to ship, transport, offer for sale, sell, purchase, \n import, export, or have custody, control, or possession of, any \n fish taken or retained in violation of this section; or\n (6) to interfere with, delay, or prevent, by any means, the \n apprehension or arrest of another person, knowing that the \n other person has committed an act prohibited by this section.\n (b) Civil Penalty.--Any person who commits any act that is unlawful \nunder subsection (a) shall be liable to the United States for a civil \npenalty, or may be subject to a permit sanction, under section 308 of \nthe Magnuson Act (16 U.S.C. 1858).\n (c) Criminal Penalty.--Any person who commits an act that is \nunlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall \nbe guilty of an offense punishable under section 309(b) of the Magnuson \nAct (16 U.S.C. 1859(b)).\n (d) Civil Forfeiture.--\n (1) In general.--Any vessel (including its gear, furniture, \n appurtenances, stores, and cargo) used in the commission of an \n act that is unlawful under subsection (a), and any fish (or the \n fair market value thereof) taken or retained, in any manner, in \n connection with or as a result of the commission of any act \n that is unlawful under subsection (a), shall be subject to \n seizure and forfeiture as provided in section 310 of the \n Magnuson Act (16 U.S.C. 1860).\n (2) Disposal of fish.--Any fish seized pursuant to this Act \n may be disposed of pursuant to the order of a court of \n competent jurisdiction or, if perishable, in a manner \n prescribed by regulations issued by the Secretary.\n (e) Enforcement.--The Secretary and the Secretary of the department \nin which the Coast Guard is operating shall enforce the provisions of \nthis Act and shall have the authority specified in sections 311 (a), \n(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and \n(c)) for that purpose.\n (f) Jurisdiction of Courts.--The district courts of the United \nStates shall have exclusive jurisdiction over any case or controversy \narising under this section and may, at any time--\n (1) enter restraining orders or prohibitions;\n (2) issue warrants, process in rem, or other process;\n (3) prescribe and accept satisfactory bonds or other \n security; and\n (4) take such other actions as are in the interests of \n justice.\n\nSEC. 8. CONSULTATIVE COMMITTEE.\n\n (a) Establishment.--The Secretary of State and the Secretary, shall \njointly establish a consultative committee to advise the Secretaries on \nissues related to the Convention.\n (b) Membership.--(1) The membership of the Committee shall include \nrepresentatives from the New England and Mid-Atlantic Fishery \nManagement Councils, the States represented on those Councils, the \nAtlantic States Marine Fisheries Commission, the fishing industry, the \nseafood processing industry, and others knowledgeable and experienced \nin the conservation and management of fisheries in the Northwest \nAtlantic Ocean.\n (2) Terms and Reappointment.--Each member of the consultative \ncommittee shall serve for a term of two years and shall be eligible for \nreappointment.\n (c) Duties of the Committee.--Members of the consultative committee \nmay attend--\n (1) all public meetings of the General Council or the \n Fisheries Commission;\n (2) any other meetings to which they are invited by the \n General Council or the Fisheries Commission; and\n (3) all nonexecutive meetings of the United States \n Commissioners.\n (d) Relationship to Other Law.--The Federal Advisory Committee Act \n(5 U.S.C. App.) shall not apply to the consultative committee \nestablished under this section.\n\nSEC. 9. ADMINISTRATIVE MATTERS.\n\n (a) Prohibition on Compensation.--A person shall not receive any \ncompensation from the Government by reason of any service of the person \nas--\n (1) a Commissioner, Alternate Commissioner, Representative, \n or Alternative Representative;\n (2) an expert or adviser authorized under section 202(e); \n or\n (3) a member of the consultative committee established by \n section 8.\n (b) Travel and Expenses.--The Secretary of State shall, subject to \nthe availability of appropriations, pay all necessary travel and other \nexpenses of persons described in subsection (a)(1) and of not more than \nsix experts and advisers authorized under section 2(e) with respect to \ntheir actual performance of their official duties pursuant to this Act, \nin accordance with the Federal Travel Regulations and sections 5701, \n5702, 5704 through 5708, and 5731 of title 5, United States Code.\n (c) Status as Federal Employees.--A person shall not be considered \nto be a Federal employee by reason of any service of the person in a \ncapacity described in subsection (a), except for purposes of injury \ncompensation and tort claims liability under chapter 81 of title 5, \nUnited States Code, and chapter 17 of title 28, United States Code, \nrespectively.\n\nSEC. 10. DEFINITIONS.\n\n In this Act the following definitions apply:\n (1) Authorized enforcement officer.--The term ``authorized \n enforcement officer'' means a person authorized to enforce this \n Act, any regulation issued under this Act, or any measure that \n is legally binding on the United States under the Convention.\n (2) Commissioner.--The term ``Commissioner'' means a United \n States Commissioner to the Northwest Atlantic Fisheries \n Organization appointed under section 2(a).\n (3) Convention.--The term ``Convention'' means the \n Convention on Future Multilateral Cooperation in the Northwest \n Atlantic Fisheries, done at Ottawa on October 24, 1978.\n (4) Fisheries commission.--The term ``Fisheries \n Commission'' means the Fisheries Commission provided for by \n Articles II, XI, XII, XIII, and XIV of the Convention.\n (5) General council.--The term ``General Council'' means \n the General Council provided for by Article II, III, IV, and V \n of the Convention.\n (6) Magnuson act.--The term ``Magnuson Act'' means the \n Magnuson Fishery Conservation and Management Act (16 U.S.C. \n 1801 et seq.).\n (7) Organization.--The term ``Organization'' means the \n Northwest Atlantic Fisheries Organization provided for by \n Article II of the Convention.\n (8) Person.--The term ``person'' means any individual \n (whether or not a citizen or national of the United States), \n and any corporation, partnership, association, or other entity \n (whether or not organized or existing under the laws of any \n State).\n (9) Representative.--The term ``Representative'' means a \n United States Representative to the Northwest Atlantic \n Fisheries Scientific Council appointed under section 2(c).\n (10) Scientific council.--The term ``Scientific Council'' \n means the Scientific Council provided for by Articles II, VI, \n VII, VIII, IX, and X of the Convention.\n (11) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act, \nincluding use for payment as the United States contribution to the \nOrganization as provided in Article XVI of the Convention, $500,000 for \neach of the fiscal years 1995, 1996, 1997, and 1998.\n\n Passed the House of Representatives March 28, 1995.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Northwest Atlantic Fisheries Convention Act of 1995 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including regarding: (1) appointment of US representatives and alternate representatives as Commissioners and on the Scientific Council, (2) handling of requests for scientific advice, (3) the authorities of the Secretary of State. And (4) cooperation between various agencies, the States, private institutions, and organizations. Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention, (2) resisting, impeding, intimidating, or interfering with certain actions. And (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish, (2) enforcement by the Coast Guard. And (3) US district court exclusive jurisdiction. Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention. Authorizes appropriations.","title":"Northwest Atlantic Fisheries Convention Act of 1995","text_len":17397,"sum_len":1192} {"bill_id":"113_s62","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Check the Box for Homeless Veterans \nAct of 2013''.\n\nSEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.\n\n (a) In General.--Subchapter A of chapter 61 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new part:\n\n ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND\n\n``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund.\n\n``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.\n\n ``(a) In General.--Every individual, with respect to the taxpayer's \nreturn for the taxable year of the tax imposed by chapter 1--\n ``(1) may designate that a specified portion (not less than \n $1) of any overpayment of tax shall be paid over to the \n Homeless Veterans Assistance Fund in accordance with the \n provisions of section 9512, and\n ``(2) in addition to any payment (if any) under paragraph \n (1), may make a contribution to the United States of an \n additional amount which shall be paid over to such Fund.\n ``(b) Manner and Time of Designation and Contribution.--A \ndesignation and contribution under subsection (a) may be made with \nrespect to any taxable year--\n ``(1) at the time of filing the return of the tax imposed \n by chapter 1 for such taxable year, or\n ``(2) at any other time (after such time of filing) \n specified in regulations prescribed by the Secretary.\nSuch designation and contribution shall be made in such manner as the \nSecretary prescribes by regulations except that, if such designation is \nmade at the time of filing the return of the tax imposed by chapter 1 \nfor such taxable year, such designation shall be made either on the \nfirst page of the return or on the page bearing the taxpayer's \nsignature.\n ``(c) Overpayments Treated as Refunded.--For purposes of this \ntitle, any portion of an overpayment of tax designated under subsection \n(a) shall be treated as--\n ``(1) being refunded to the taxpayer as of the last date \n prescribed for filing the return of tax imposed by chapter 1 \n (determined without regard to extensions) or, if later, the \n date the return is filed, and\n ``(2) a contribution made by such taxpayer on such date to \n the United States.''.\n (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Homeless Veterans \nAssistance Fund', consisting of such amounts as may be appropriated or \ncredited to such fund as provided in this section or section 9602(b).\n ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Homeless Veterans Assistance Fund amounts equivalent to the amounts \ndesignated and contributed under section 6098.\n ``(c) Expenditures.--\n ``(1) In general.--Subject to paragraphs (2) and (3), \n amounts in the Homeless Veterans Assistance Fund shall be \n available (and shall remain available until expended) to the \n Department of Veterans Affairs, in consultation with the \n Department of Labor Veterans' Employment and Training Service \n and the Department of Housing and Urban Development, for the \n purpose of providing services to homeless veterans, through--\n ``(A) the development and implementation of new and \n innovative strategies to prevent and end veteran \n homelessness, and\n ``(B) any homeless veteran program administered by \n the Department of Veterans Affairs, the Department of \n Labor Veterans' Employment and Training Service, and \n the Department of Housing and Urban Development.\n ``(2) Additional allocations.--The Secretary of Veterans \n Affairs is authorized to make transfers from the amounts \n described in paragraph (1) to the Department of Labor Veterans' \n Employment and Training Service and the Department of Housing \n and Urban Development for the purpose of supporting programs \n that serve homeless veterans.\n ``(3) Advance notice.--The Secretary of Veterans Affairs, \n in collaboration with the Secretary of Labor and Secretary of \n Housing and Urban Development, shall submit a detailed \n expenditure plan for any amounts in the Homeless Veterans \n Assistance Fund to the Committees on Veterans' Affairs and \n Committees on Appropriations of the House of Representatives \n and of the Senate not later than 60 days prior to any \n expenditure of such amounts.\n ``(d) President's Annual Budget Information.--Beginning with the \nPresident's annual budget submission for fiscal year 2014 and every \nyear thereafter, the Department of Veterans Affairs, the Department of \nLabor, and the Department of Housing and Urban Development shall \ninclude a description of the use of funds from the Homeless Veterans \nAssistance Fund from the previous fiscal year and the proposed use of \nsuch funds for the next fiscal year.''.\n (c) Clerical Amendments.--\n (1) The table of parts for subchapter A of chapter 61 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new item:\n\n ``PART IX--Contributions to the Homeless Veterans Assistance Fund''.\n\n (2) The table of sections for subchapter A of chapter 98 of \n such Code is amended by adding at the end the following new \n item:\n\n``Sec. 9512. Homeless Veterans Assistance Fund.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Check the Box for Homeless Veterans Act of 2013 - Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund. And (2) allow individual taxpayers to designate on their tax returns a specified portion of any overpayment of tax, and to make a contribution of an additonal amount, to be paid over to such Fund to provide services to homeless veterans.","title":"Check the Box for Homeless Veterans Act of 2013","text_len":6038,"sum_len":393} {"bill_id":"113_hr3994","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Federal Lands \nInvasive Species Control, Prevention, and Management Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Federal efforts to control and manage invasive species on \n Federal lands.\nSec. 4. Program funding allocations.\nSec. 5. Prudent use of funds.\nSec. 6. Use of partnerships.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Alien species.--The term ``alien species'' means, with \n respect to a particular ecosystem, any species, including its \n seeds, eggs, spores, or other biological material capable of \n propagating that species, that is not native to that ecosystem.\n (2) Control.--The term ``control'' means the eradication, \n suppression, or reduction of the population of an invasive \n species within the area in which the invasive species is \n present.\n (3) Ecosystem.--The term ``ecosystem'' means the complex of \n a community of organisms and its environment.\n (4) Eligible state.--The term ``eligible State'' means any \n of the several States, the District of Columbia, the \n Commonwealth of Puerto Rico, American Samoa, Guam, and the \n United States Virgin Islands.\n (5) Invasive species.--The term ``invasive species'' means \n an alien species whose introduction does or is likely to cause \n economic or environmental harm or harm to human health.\n (6) Manage.--The terms ``manage'' and ``management'' mean \n the active implementation of activities--\n (A) to reduce or stop the spread of an invasive \n species; and\n (B) to inhibit further infestations or spread of \n invasive species or harm caused by invasive species, \n including investigations regarding methods to prevent, \n control, or manage invasive species.\n (7) Prevent.--The term ``prevent'' means to hinder the \n introduction of invasive species onto lands or waters or to \n impede the spread of invasive species within lands or waters by \n inspecting, intercepting, or confiscating invasive species \n threats prior to their establishment onto lands or waters of an \n eligible State.\n (8) Secretary concerned.--The term ``Secretary concerned'' \n means--\n (A) the Secretary of the Interior, with respect to \n Federal lands administered by that Secretary through \n the Bureau of Indian Affairs, the Bureau of Land \n Management, the Bureau of Reclamation, the National \n Park Service, or the United States Fish and Wildlife \n Service; and\n (B) the Secretary of Agriculture, with respect to \n Federal lands administered by that Secretary through \n the United States Forest Service.\n (9) Species.--The term ``species'' means a group of \n organisms, all of which have a high degree of physical and \n genetic similarity, generally interbreed only among themselves, \n and show persistent differences from members of allied groups \n of organisms.\n\nSEC. 3. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON \n FEDERAL LANDS.\n\n (a) Control and Management.--The Secretary concerned shall plan and \ncarry out activities on lands directly managed by the Secretary \nconcerned to control and manage invasive species to inhibit or reduce \ntheir populations and to effectuate restoration or reclamation efforts.\n (b) Strategic Plan.--The Secretary concerned shall develop a \nstrategic plan for the implementation of the invasive species program \nof that Secretary to endeavor to achieve an annual five percent net \nreduction of invasive species populations on lands managed by that \nSecretary.\n\nSEC. 4. PROGRAM FUNDING ALLOCATIONS.\n\n (a) Control and Management Activities.--Of the amount appropriated \nor otherwise made available to the Secretary concerned for a fiscal \nyear for programs that address or include invasive species management, \nthe Secretary concerned shall use not less than 75 percent of the \namount for on-the-ground control and management of invasive species, \nincluding through--\n (1) the purchase of necessary products, equipment, or \n services to conduct such control and management;\n (2) the use of integrated pest management options, \n including pesticides authorized for sale, distribution, or use \n under the Federal Insecticide, Fungicide, and Rodenticide Act \n (7 U.S.C. 136 et seq.);\n (3) the use of biological control agents that are proven to \n be effective to reduce invasive species populations;\n (4) the use of re-vegetation or cultural restoration \n methods designed to improve the diversity and richness of \n ecosystems; or\n (5) the use of other effective mechanical or manual control \n method.\n (b) Investigations, Outreach, and Public Awareness.--Of the amount \nappropriated or otherwise made available to the Secretary concerned for \na fiscal year for programs that address or include invasive species \nmanagement, the Secretary concerned may use not more than 15 percent of \nthe amount for investigations, development activities, and outreach and \npublic awareness efforts to address invasive species control and \nmanagement needs.\n (c) Administrative Costs.--Of the amount appropriated or otherwise \nmade available to the Secretary concerned for a fiscal year for \nprograms that address or include invasive species management, not more \nthan 10 percent may be used for administrative costs incurred to carry \nout such programs, including costs related to oversight and management \nof such programs, recordkeeping, and implementation of the strategic \nplan.\n (d) Reporting Requirements.--Not later than 60 days after the end \nof the second fiscal year beginning after the date of the enactment of \nthis Act, the Secretary concerned shall submit to Congress a report--\n (1) describing the use by that Secretary during the \n preceding two fiscal years of funds for programs that address \n or include invasive species management; and\n (2) specifying the percentage of funds expended for each of \n the purposes specified in subsections (a), (b), and (c).\n\nSEC. 5. PRUDENT USE OF FUNDS.\n\n (a) Cost-Effective Methods.--In selecting the method or methods to \nbe used to control or manage an invasive species as part of a specific \ncontrol or management project, the Secretary concerned shall require \nthe use of the least costly options based on sound scientific data and \nother commonly used cost-effective benchmarks in the area to \neffectively control and manage invasive species.\n (b) Comparative Economic Assessment.--The Secretary concerned shall \nrequire a comparative economic assessment of invasive species control \nand management methods to be conducted to comply with subsection (a).\n (c) Categorical Exclusion.--If an invasive species control or \nmanagement project or activity to be conducted on lands directly \nmanaged by the Secretary concerned will be conducted in a prioritized, \nhigh-risk area involving the treatment of land or waterways within \n1,000 feet of a water body or waterway, a water project, a utility or \ntelephone infrastructure or right of way, a railroad line, an airport, \na port of entry, campground, roadside or highway, heritage site, a \nnational monument, a park, recreation site, school, or other similar \nand valuable infrastructure, as determined by the Secretary concerned, \nthe project or activity is categorically excluded from the requirement \nto prepare an environmental assessment or an environmental impact \nstatement under the National Environmental Policy Act of 1969 (42 \nU.S.C. 4321 et seq.) so long as the Secretary concerned determines that \nthe project or activity is otherwise conducted consistently with agency \nprocedures, including any land and resource management plan or land use \nplan applicable to the area covered by the project or activity.\n (d) Relation to Other Authority.--\n (1) Other invasive species control, prevention, or \n management authorities.--Nothing in this Act shall be construed \n to preclude the Secretary concerned from pursuing or \n supporting, under the authority of any other provision of law, \n activities regarding the control, prevention, or management of \n invasive species, including investigations to better control, \n prevent, or manage invasive species.\n (2) Public water supply systems.--Nothing in this Act shall \n be construed to authorize the Secretary concerned to suspend \n water deliveries or diversions or otherwise prevent the \n operation of a public water supply system as a measure to \n control, manage, or prevent the introduction or spread of \n invasive species.\n\nSEC. 6. USE OF PARTNERSHIPS.\n\n (a) Partnerships Authorized.--The Secretary concerned may enter \ninto contracts and cooperative agreements with another Federal agency, \nan eligible State, a political subdivision of an eligible State, or a \nprivate entity to partner with the Secretary concerned and assist with \nthe control and management of invasive species.\n (b) Memorandum of Understanding.--\n (1) Required.--As a condition of a contract or cooperative \n agreement under subsection (a), the Secretary concerned and the \n other Federal agency, eligible State, political subdivision of \n an eligible State, or private entity involved shall enter into \n a memorandum of understanding describing the nature of the \n partnership between the parties and the control and management \n activities to be conducted.\n (2) Contents.--The memorandum of understanding shall \n contain, at a minimum, the following:\n (A) A prioritized listing of invasive species to be \n controlled or managed.\n (B) An assessment of the total acres or area \n infested by the invasive species.\n (C) An estimate of the expected total acres or area \n infested by the invasive species after control and \n management of the invasive species is attempted.\n (D) The specific integrated pest management option \n or options to be used, including a comparative economic \n assessment to determine the least costly method.\n (E) Any maps, boundaries, or Global Positioning \n System (GPS) coordinates needed to clearly identify the \n area in which the control and management activities are \n to be conducted.\n (F) Written assurances that the partner will comply \n with section 15 of the Federal Noxious Weed Act of 1974 \n (7 U.S.C. 2814).\n (c) Coordination.--If the partner in a contract or cooperative \nagreement under subsection (a) is an eligible State, political \nsubdivision of an eligible State, or private entity, the memorandum of \nunderstanding shall also contain a description of how the control and \nmanagement efforts will be coordinated and the expected outcomes of \nmanaging and controlling the invasive species.\n (d) Public Outreach and Awareness Efforts.--If a contract or \ncooperative agreement under subsection (a) will involve any outreach \nand public awareness efforts, the memorandum of understanding shall \nalso contain a list of goals and objectives for such outreach and \npublic awareness efforts that have been determined will be efficient to \ninform national, State, regional, or local audiences regarding invasive \nspecies control and management.\n (e) Investigations.--Any invasive species-related investigations \nundertaken under a contract or cooperative agreement under subsection \n(a) shall be undertaken for the purpose of--\n (1) developing solutions and specific recommendations for \n control and management of invasive species; and\n (2) specifically providing faster implementation of control \n and management methods.","summary":"Federal Lands Invasive Species Control, Prevention, and Management Act - Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to plan and carry out activities on lands directly managed by the Secretary concerned to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. Requires the Secretary concerned to develop a strategic plan for the implementation of an invasive species program that endeavors to achieve an annual 5 net reduction of invasive species populations on lands managed by that Secretary. Requires the Secretary concerned to use: (1) no less than 75 of funds each fiscal year for on-the-ground control and management of invasive species. (2) no more than 15 of such funds for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs. And (3) no more than 10 for administrative costs. Requires the Secretaries, in selecting the method or methods to control or manage an invasive species as part of a specific control or management project, to require the use of the least costly options necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in the area.","title":"Federal Lands Invasive Species Control, Prevention, and Management Act","text_len":12613,"sum_len":1319} {"bill_id":"113_s2423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Access to Care \nAccountability Act''.\n\nSEC. 2. AUDITS BY THE COMPTROLLER GENERAL OF THE UNITED STATES.\n\n The Comptroller General of the United States shall conduct random, \nperiodic audits of medical facilities of the Department of Veterans \nAffairs, and the Veterans Integrated Service Networks, to assess \nwhether such facilities and Networks are complying with all standards \nimposed by law or by the Secretary of Veterans Affairs with respect to \nthe timely access of veterans to hospital care, medical services, and \nother health care from the Department.\n\nSEC. 3. IMPROVEMENT OF WAIT TIMES FOR APPOINTMENTS FOR HOSPITAL CARE, \n MEDICAL SERVICES, AND OTHER HEALTH CARE FROM THE \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--The Secretary of Veterans Affairs shall, upon \nreceipt of a report described in subsection (b) that finds that an \neligible veteran has been subjected to a wait time of more than 30 days \nfor an appointment for hospital care, medical services, or other health \ncare from the Department of Veterans Affairs--\n (1) not later than 48 hours after the receipt of such \n report, notify such eligible veteran of the status of the \n appointment of such eligible veteran for such care or services; \n and\n (2) make every effort possible to schedule an appointment \n for such eligible veteran for such care or services at a \n medical facility of the Department or through a non-Department \n health care provider on a date that is not later than seven \n days after the receipt of such report.\n (b) Report Described.--A report described in this subsection is any \nreport as follows:\n (1) Any report of the Inspector General of the Department \n of Veterans Affairs with respect to the provision by the \n Department of hospital care, medical services, or other health \n care to veterans.\n (2) Any report of the Comptroller General of the United \n States with respect to the provision by the Department of such \n care or services.\n (3) Any report of the Department or another organization \n with respect to the provision by the Department of such care or \n services within a Veterans Integrated Service Network or \n medical facility of the Department.\n (4) Any other report of the Department with respect to the \n provision by the Department of such care or services.\n (c) Privacy.--Nothing in this section shall be construed to alter \nprivacy rules of the Department with respect to the disclosure of \npersonal information of eligible veterans seeking such care or services \nfrom the Department.\n (d) Eligible Veteran Defined.--In this section, the term ``eligible \nveteran'' means a veteran who is eligible for hospital care, medical \nservices, or other health care under the laws administered by the \nSecretary of Veterans Affairs.\n\nSEC. 4. EXECUTIVE COMPENSATION AND BONUSES ACCOUNTABILITY AT DEPARTMENT \n OF VETERANS AFFAIRS.\n\n (a) Inspector General of Department of Veterans Affairs Notice.--If \nthe Inspector General of the Department of Veterans Affairs determines \nthat the director of a medical facility of the Department of Veterans \nAffairs or other official of the Department responsible for activities \nat such facility has purposefully misrepresented patient records or \nother data to conceal a failure of the facility to comply with patient \naccess or care standards of the Department or for the purpose of \nqualifying for a performance award under section 5384 of title 5, \nUnited States Code, or any other compensation that is in addition to \nbasic pay--\n (1) not later than 30 days after the date on which the \n Inspector General makes such determination, the Inspector \n General shall submit to the Committee on Veterans' Affairs of \n the Senate and the Committee on Veterans' Affairs of the House \n of Representatives notice of such determination; and\n (2) not later than 15 days after the date on which the \n Inspector General submits notice under paragraph (1), the \n Inspector General shall submit to the Secretary a list of the \n names of each director or other official responsible for such \n misrepresentation.\n (b) Limitation on Performance Awards.--Notwithstanding any other \nprovision of law, the Secretary may not pay a bonus or award, including \na performance award under section 5384 of title 5, United States Code, \nto any director or other official of the Department included in a list \nsubmitted under subsection (a)(2) until the Secretary determines that \nall issues relating to the reasons why such director or other \nindividual was included in such list have been resolved.\n (c) Performance Reviews.--The Secretary shall ensure that any \nperformance review or consideration for promotion of a director or \nother official of the Department responsible for activities at a \nmedical facility of the Department with respect to which a notice was \nsubmitted under subsection (a)(1) for a misrepresentation includes an \nevaluation of whether the director or other official knew or should \nhave known about such misrepresentation.\n (d) Prohibition on Publication of Names.--The Inspector General may \nnot make public the names of directors or other officials included in \nthe list under subsection (a)(2).\n (e) Role of Inspector General.--Any responsibility or authority of \nthe Inspector General provided under this section is in addition to any \nresponsibility or authority provided to the Inspector General in the \nInspector General Act of 1978 (5 U.S.C. App.).","summary":"Veterans Access to Care Accountability Act - Directs the Comptroller General (GAO) to conduct random, periodic audits of the medical facilities of the Department of Veterans Affairs (VA) and the Veterans Integrated Service Networks to determine if they are in compliance with legal and administrative standards requiring that veterans be provided timely access to health care from the VA. Requires the VA Secretary, upon the receipt of a specified report finding that a veteran has been subjected to a wait time of more than 30 days for health care from the VA, to: (1) notify the veteran, within 48 hours of receiving such report, of the status of the veteran's appointment. And (2) make every possible effort to schedule the veteran's appointment at a VA facility or through a non-VA health care provider on a date not later than 7 days after receiving such report. Requires the VA Inspector General to provide the Secretary with a list of the names of each director or other VA official responsible for activities at a VA medical facility who is found to have purposefully misrepresented patient records or other data in order to: (1) conceal a failure of the facility to comply with VA patient access or care standards, or (2) qualify for a performance award or any other compensation that is in addition to basic pay. Prohibits the Secretary from paying a bonus or award to any director or official on such list until the Secretary determines that all issues relating to the reasons why such director or official was included on such list have been resolved. Directs the Secretary to ensure that any performance review or consideration for promotion of a director or other VA official responsible for activities at a VA medical facility where such misrepresentation has occurred includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. Prohibits the Inspector General from making the names of the individuals on the list public.","title":"Veterans Access to Care Accountability Act","text_len":5810,"sum_len":1997} {"bill_id":"106_s1704","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access to High Standards Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) far too many students are not being provided sufficient \n academic preparation in secondary school, which results in \n limited employment opportunities, college dropout rates of over \n 25 percent for the first year of college, and remediation for \n almost one-third of incoming college freshmen;\n (2) there is a growing consensus that raising academic \n standards, establishing high academic expectations, and showing \n concrete results are at the core of improving public education;\n (3) modeling academic standards on the well-known program \n of advanced placement courses is an approach that many \n education leaders and almost half of all States have endorsed;\n (4) advanced placement programs already are providing 30 \n different college-level courses, serving almost 60 percent of \n all secondary schools, reaching over 1,000,000 students (of \n whom 80 percent attend public schools, 55 percent are females, \n and 30 percent are minorities), and providing test scores that \n are accepted for college credit at over 3,000 colleges and \n universities, every university in Germany, France, and Austria, \n and most institutions in Canada and the United Kingdom;\n (5) 24 States are now funding programs to increase \n participation in advanced placement programs, including 19 \n States that provide funds for advanced placement teacher \n professional development, 3 States that require that all public \n secondary schools offer advanced placement courses, 10 States \n that pay the fees for advanced placement tests for some or all \n students, and 4 States that require that their public \n universities grant uniform academic credit for scores of 3 or \n better on advanced placement tests; and\n (6) the State programs described in paragraph (5) have \n shown the responsiveness of schools and students to such \n programs, raised the academic standards for both students \n participating in such programs and other children taught by \n teachers who are involved in advanced placement courses, and \n shown tremendous success in increasing enrollment, achievement, \n and minority participation in advanced placement programs.\n (b) Purposes.--The purposes of this Act are--\n (1) to encourage more of the 600,000 students who take \n advanced placement courses but do not take advanced placement \n exams each year to demonstrate their achievements through \n taking the exams;\n (2) to build on the many benefits of advanced placement \n programs for students, which benefits may include the \n acquisition of skills that are important to many employers, \n Scholastic Aptitude Tests (SAT) scores that are 100 points \n above the national averages, and the achievement of better \n grades in secondary school and in college than the grades of \n students who have not participated in the programs;\n (3) to support State and local efforts to raise academic \n standards through advanced placement programs, and thus further \n increase the number of students who participate and succeed in \n advanced placement programs;\n (4) to increase the availability and broaden the range of \n schools that have advanced placement programs, which programs \n are still often distributed unevenly among regions, States, and \n even secondary schools within the same school district, while \n also increasing and diversifying student participation in the \n programs;\n (5) to build on the State programs described in subsection \n (a)(5) and demonstrate that larger and more diverse groups of \n students can participate and succeed in advanced placement \n programs;\n (6) to provide greater access to advanced placement courses \n for low-income and other disadvantaged students; and\n (7) to provide access to advanced placement courses for \n secondary school juniors at schools that do not offer advanced \n placement programs, increase the rate of secondary school \n juniors and seniors who participate in advanced placement \n courses to 25 percent of the secondary school student \n population, and increase the numbers of students who receive \nadvanced placement test scores for which college academic credit is \nawarded.\n\nSEC. 3. ADVANCED PLACEMENT PROGRAM GRANTS.\n\n (a) Grants Authorized.--\n (1) In general.--From amounts appropriated under the \n authority of subsection (f) for a fiscal year, the Secretary \n shall award grants, on a competitive basis, to eligible \n entities to enable the eligible entities to carry out the \n authorized activities described in subsection (c).\n (2) Duration and payments.--\n (A) Duration.--The Secretary shall award a grant \n under this section for a period of 3 years.\n (B) Payments.--The Secretary shall make grant \n payments under this section on an annual basis.\n (3) Definition of eligible entity.--In this section, the \n term ``eligible entity'' means a State educational agency, or a \n local educational agency, in the State.\n (b) Priority.--In awarding grants under this section the Secretary \nshall give priority to eligible entities submitting applications under \nsubsection (d) that demonstrate--\n (1) a pervasive need for access to advanced placement \n incentive programs;\n (2) the involvement of business and community organizations \n in the activities to be assisted;\n (3) the availability of matching funds from State or local \n sources to pay for the cost of activities to be assisted;\n (4) a focus on developing or expanding advanced placement \n programs and participation in the core academic areas of \n English, mathematics, and science; and\n (5)(A) in the case of an eligible entity that is a State \n educational agency, the State educational agency carries out \n programs in the State that target--\n (i) local educational agencies serving schools with \n a high concentration of low-income students; or\n (ii) schools with a high concentration of low-\n income students; or\n (B) in the case of an eligible entity that is a local \n educational agency, the local educational agency serves schools \n with a high concentration of low-income students.\n (c) Authorized Activities.--An eligible entity may use grant funds \nunder this section to expand access for low-income individuals to \nadvanced placement incentive programs that involve--\n (1) teacher training;\n (2) preadvanced placement course development;\n (3) curriculum coordination and articulation between grade \n levels that prepares students for advanced placement courses;\n (4) curriculum development;\n (5) books and supplies; and\n (6) any other activity directly related to expanding access \n to and participation in advanced placement incentive programs \n particularly for low-income individuals.\n (d) Application.--Each eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and accompanied by such information as the Secretary may \nrequire.\n (e) Data Collection and Reporting.--\n (1) Data collection.--Each eligible entity receiving a \n grant under this section shall annually report to the \n Secretary--\n (A) the number of students taking advanced \n placement courses who are served by the eligible \n entity;\n (B) the number of advanced placement tests taken by \n students served by the eligible entity;\n (C) the scores on the advanced placement tests; and\n (D) demographic information regarding individuals \n taking the advanced placement courses and tests \n disaggregated by race, ethnicity, sex, English \n proficiency status, and socioeconomic status.\n (2) Report.--The Secretary shall annually compile the \n information received from each eligible entity under paragraph \n (1) and report to Congress regarding the information.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $25,000,000 for fiscal year \n2000, and such sums as may be necessary for each of the 4 succeeding \nfiscal years.\n\nSEC. 4. ON-LINE ADVANCED PLACEMENT COURSES.\n\n (a) Grants Authorized.--From amounts appropriated under subsection \n(f) the Secretary shall award grants to local educational agencies to \nenable the local educational agencies to provide students with on-line \nadvanced placement courses.\n (b) Contracts.--A local educational agency that receives a grant \nunder this section may enter into a contract with a nonprofit or for-\nprofit organization to provide the on-line advanced placement courses, \nincluding contracting for necessary support services.\n (c) Priority.--In awarding grants under this section the Secretary \nshall give priority to local educational agencies that--\n (1) serve high concentrations of low-income students;\n (2) serve rural areas; and\n (3) the Secretary determines would not have access to on-\n line advanced placement courses without assistance provided \n under this section.\n (d) Uses.--Grant funds provided under this section may be used to \npurchase the on-line curriculum, to train teachers with respect to the \nuse of on-line curriculum, or to purchase course materials.\n (e) Applications.--Each local educational agency desiring a grant \nunder this section shall submit an application to the Secretary at such \ntime, in such manner and accompanied by such information as the \nSecretary may require.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $10,000,000 for fiscal year 2000 \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears.\n\nSEC. 5. ADDITIONAL PRIORITIES FOR ADVANCED PLACEMENT.\n\n (a) Dissemination of Advanced Placement Information.--Each \ninstitution of higher education receiving Federal funds for research or \nfor programs assisted under the Higher Education Act of 1965 (20 U.S.C. \n1001 et seq.)--\n (1) shall distribute to secondary school counselors or \n advanced placement coordinators in the State information with \n respect to the amount and type of academic credit provided to \nstudents at the institution of higher education for advanced placement \ntest scores; and\n (2) shall standardize, not later than 4 years after the \n date of enactment of this Act, the form and manner in which the \n information described in paragraph (1) is disseminated by the \n various departments, offices, or other divisions of the \n institution of higher education.\n (b) State and Local Initiatives.--\n (1) Javits gifted and talented students.--Section 10205(a) \n of the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 8035(a)) is amended--\n (A) in paragraph (1), by striking ``and'' after the \n semicolon;\n (B) in paragraph (2), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(3) to programs and projects for gifted and talented \n students that build on or otherwise incorporate advanced \n placement courses and tests.''.\n (2) Upward bound program.--Section 402C of the Higher \n Education Act of 1965 (20 U.S.C. 1070a-13) is amended by adding \n at the end the following:\n ``(f) Priority.--The Secretary shall give priority in awarding \ngrants under this section to upward bound projects that focus on \nincreasing secondary school student participation and success in \nadvanced placement courses.''.\n (3) Eisenhower professional development.--\n (A) Federal activities.--Section 2101 of the \n Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6621) is amended by adding at the end the \n following:\n ``(c) Priority.--The Secretary shall give priority in awarding \ngrants and entering into contracts and cooperative agreements under \nthis part to activities that involve training in advanced placement \ninstruction.''.\n (B) State and local activities.--Section 2207 of \n the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6647) is amended--\n (i) in paragraph (12), by striking ``and'' \n after the semicolon;\n (ii) in paragraph (13), by striking the \n period and inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(14) providing professional development activities \n involving training in advanced placement instruction.''.\n (4) Technology.--\n (A) Star schools.--Section 3204 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 6894) is \n amended by adding at the end the following:\n ``(i) Advanced Placement Instruction.--Each eligible entity \nreceiving funds under this part is encouraged to deliver advanced \nplacement instruction to underserved communities.''.\n (B) Education technology grants.--Subpart 2 of part \n A of title III of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 6841 et seq.) is \n amended--\n (i) in section 3134 (20 U.S.C. 6844)--\n (I) in paragraph (5), by striking \n ``and'' after the semicolon;\n (II) in paragraph (6), by striking \n the period and inserting ``; and''; and\n (III) by adding at the end the \n following:\n ``(7) providing education technology for advanced placement \n instruction.''; and\n (ii) in section 3136(c) (20 U.S.C. \n 6846(c))--\n (I) in paragraph (4), by striking \n ``and'' after the semicolon;\n (II) in paragraph (5), by striking \n the period and inserting ``; and''; and\n (III) by adding at the end the \n following:\n ``(6) the project will use education technology for \n advanced placement instruction.''.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Advanced placement incentive program.--The term \n ``advanced placement incentive program'' means a program that \n provides advanced placement activities and services to low-\n income individuals.\n (2) Advanced placement test.--The term ``advanced placement \n test'' means an advanced placement test administered by the \n College Board or approved by the Secretary.\n (3) High concentration of low-income students.--The term \n ``high concentration of low-income students'', used with \n respect to a State educational agency, local educational agency \n or school, means an agency or school, as the case may be, that \n serves a student population 40 percent or more of whom are from \n families with incomes below the poverty level, as determined in \n the same manner as the determination is made under section \n 1124(c)(2) of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 6333(c)(2)).\n (4) Low-income individual.--The term ``low-income \n individual'' means a low-income individual (as defined in \n section 402A(g)(2) of the Higher Education Act of 1965 (20 \n U.S.C. 1070a-11(g)(2)) who is academically prepared to \n successfully take an advanced placement test as determined by a \n school teacher or advanced placement coordinator taking into \n consideration factors such as enrollment and performance in an \n advanced placement course or superior academic ability.\n (5) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (6) Local educational agency; secondary school; and state \n educational agency.--The terms ``local educational agency'', \n ``secondary school'', and ``State educational agency'' have the \n meanings given the terms in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801).\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (8) State.--The term ``State'' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, Guam, American Samoa, the United \n States Virgin Islands, the Republic of the Marshall Islands, \n the Federated States of Micronesia, and the Republic of Palau.","summary":"Amends the Higher Education Act of 1965 (HEA) and the Elementary and Secondary Education Act of 1965 to make AP programs a priority for Javits Gifted and Talented Students, Upward Bound, Eisenhower professional development, Star Schools, and education technology grants. Requires each institution of higher learning receiving HEA assistance to distribute to secondary school counselors or AP coordinators in the State information on academic credit given to students at the institution for AP test scores.","title":"Access to High Standards Act","text_len":18299,"sum_len":505} {"bill_id":"109_hr4470","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Educators in Military Service Act of \n2005''.\n\nSEC. 2. TEACHERS WHO SERVED IN THE ARMED FORCES.\n\n (a) Teachers Generally.--Subsection (a) of section 1119 of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is \namended--\n (1) in paragraph (2)--\n (A) in the matter before subparagraph (A), by \n inserting ``subject to paragraph (4),'' after ``plan \n described in section 1111,'';\n (B) in subparagraph (A), by inserting ``subject to \n paragraph (4),'' before ``shall include'';\n (2) in paragraph (3), by striking ``As part of the plan'' \n and inserting ``Subject to paragraph (4), as part of the \n plan''; and\n (3) by adding at the end the following:\n ``(4) Teachers serving in the military.--\n ``(A) Extension.--The date by which a State \n educational agency is required under paragraph (2) to \n ensure that all teachers teaching in core academic \n subjects within the State are highly qualified (the end \n of the 2005-2006 school year), and the date by which a \n local educational agency is required under paragraph \n (3) to ensure that all teachers teaching within the \n school district served by the agency are highly \n qualified (the end of the 2005-2006 school year), shall \n be extended to the date determined under subparagraph \n (C) with respect to eligible teachers described in \n subparagraph (B).\n ``(B) Eligible teacher.--For purposes of this \n paragraph, the term `eligible teacher' means an \n individual who--\n ``(i) is or has been a public elementary \n school or secondary school teacher and is not \n described in subsection (a)(1); and\n ``(ii) is on active duty as a member of the \n Armed Forces, or is on full-time duty as a \n member of the National Guard of a State under \n an order to State active duty under title 32, \n United States Code, or under State law, on or \n after January 8, 2002.\n ``(C) Determination of date.--The date determined \n under this subparagraph is the later of the following:\n ``(i) The first day of the first school \n year beginning on or after the date determined \n by extending the deadline described in \n subparagraph (A) for a period equal to the \n number of days in the teacher's applicable \n period of military service.\n ``(ii) If the teacher was enrolled in \n coursework or professional development that \n would have contributed toward the teacher \n becoming highly qualified and the teacher's \n applicable period of military service \n interrupted such coursework or professional \n development, the last day of the next session \n of equivalent coursework or professional \n development that begins on or after the date \n determined by extending the deadline described \n in subparagraph (A) for a period equal to the \n number of days in the teacher's applicable \n period of military service.\n ``(D) Applicable period of military service.--For \n purposes of this paragraph, the term `applicable period \n of military service' means, with respect to an eligible \n teacher, the period (or sum of periods) that interrupts \n the teacher's employment as a public elementary school \n or secondary school teacher and during which the \n teacher is on active duty as a member of the Armed \n Forces or is on full-time duty as a member of the \n National Guard of a State under an order to State \n active duty under title 32, United States Code, or \n under State law--\n ``(i) beginning on the later of--\n ``(I) January 8, 2002; or\n ``(II) the date on which the \n teacher begins such period of active \n duty or full-time duty; and\n ``(ii) ending on the earlier of--\n ``(I) the end of the 2005-2006 \n school year; or\n ``(II) the date on which the \n teacher ceases any such active duty or \n full-time duty.''.\n (b) New Special Education Teachers.--Clause (iii) of section \n602(10)(D) of the Individuals with Disabilities Education Act (20 \nU.S.C. 1401(10)(D)) is amended to read as follows:\n ``(iii) in the case of a new special \n education teacher who teaches multiple subjects \n and who is highly qualified in mathematics, \n language arts, or science, demonstrate \n competence in the other core academic subjects \n in which the teacher teaches in the same manner \n as is required for an elementary, middle, or \n secondary school teacher under section \n 9101(23)(C)(ii) of such Act, which may include \n a single, high objective uniform State standard \n of evaluation covering multiple subjects--\n ``(I) not later than 2 years after \n the date of employment; or\n ``(II) in the case of such a new \n special education teacher who begins a \n period during which the teacher is on \n active duty as a member of the Armed \n Forces or is on full-time duty as a \n member of the National Guard of a State \n under an order to State active duty \n under title 32, United States Code, or \n under State law, within 2 years of such \n date of employment as a special \n education teacher, not later than the \n end of the period that is 2 years plus \n the number of days of such active duty \n or full-time duty after such date of \n employment.''.\n\nSEC. 3. PARAPROFESSIONALS WHO SERVED IN THE ARMED FORCES.\n\n Subsection (d) of section 1119 of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 6319) is amended--\n (1) by striking ``Each local'' and inserting the following:\n ``(1) In general.--Subject to paragraph (2), each local''; \n and\n (2) by adding at the end the following:\n ``(2) Paraprofessionals serving in the military.--\n ``(A) Extension.--The date by which a local \n educational agency is required under paragraph (1) to \n ensure that all paraprofessionals described in such \n paragraph satisfy the requirements of subsection (c) \n shall be extended to the date determined under \n subparagraph (C) with respect to eligible \n paraprofessionals described in subparagraph (B).\n ``(B) Eligible paraprofessional.--For purposes of \n this paragraph, the term `eligible paraprofessional' \n means an individual who--\n ``(i) is a paraprofessional described in \n paragraph (1); and\n ``(ii) is on active duty as a member of the \n Armed Forces, or is on full-time duty as a \n member of the National Guard of a State under \n an order to State active duty under title 32, \n United States Code, or under State law, on or \n after January 8, 2002.\n ``(C) Determination of date.--The date determined \n under this subparagraph is the later of the following:\n ``(i) The first day of the first school \n year beginning on or after the date determined \n by extending the deadline described in \n subparagraph (A) for a period equal to the \n number of days in the paraprofessional's \n applicable period of military service.\n ``(ii) If the paraprofessional was enrolled \n in coursework or professional development that \n would have contributed toward the \n paraprofessional becoming highly qualified and \n the paraprofessional's applicable period of \n military service interrupted such coursework or \n professional development, the last day of the \n next session of equivalent coursework or \n professional development that begins on or \n after the date determined by extending the \n deadline described in subparagraph (A) for a \n period equal to the number of days in the \n paraprofessional's applicable period of \n military service.\n ``(D) Applicable period of military service.--For \n purposes of this paragraph, the term `applicable period \n of military service' means, with respect to an eligible \n paraprofessional, the period (or sum of periods) that \n interrupts the paraprofessional's employment in a \n public elementary school or secondary school and during \n which the paraprofessional is on active duty as a \n member of the Armed Forces or is on full-time duty as a \n member of the National Guard of a State under an order \n to State active duty under title 32, United States \n Code, or under State law--\n ``(i) beginning on the later of--\n ``(I) January 8, 2002; or\n ``(II) the date on which the \n paraprofessional begins such period of \n active duty or full-time duty; and\n ``(ii) ending on the earlier of--\n ``(I) the end of the 2005-2006 \n school year; or\n ``(II) the date on which the \n paraprofessional ceases any such active \n duty or full-time duty.''.","summary":"Educators in Military Service Act of 2005 - Amends the Elementary and Secondary Education Act of 1965 to extend the deadlines by which state and local educational agencies are required to ensure that teachers or paraprofessional educators are highly qualified in order to account for their applicable periods of military service. Amends the Individuals with Disabilities Act to extend similar deadlines with respect to new special education teachers.","title":"To amend the Elementary and Secondary Education Act of 1965 to extend the deadline by which State educational agencies and local educational agencies are required to ensure that an educator is highly qualified in order to account for the educator's applicable period of military service.","text_len":11968,"sum_len":450} {"bill_id":"113_s819","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Mental Health Treatment \nFirst Act of 2013''.\n\nSEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE-\n RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, \n ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER.\n\n (a) In General.--Subchapter II of chapter 17 of title 38, United \nStates Code, is amended by inserting after section 1712B the following \nnew section:\n``Sec. 1712C. Mental health care and rehabilitation for service-related \n post-traumatic stress disorder, depression, anxiety \n disorder, or related substance use disorder\n ``(a) In General.--The Secretary shall carry out a program of \nmental health care and rehabilitation for veterans who--\n ``(1) have been discharged or released from service in the \n active military, naval, or air service under conditions other \n than dishonorable for a period of not more than two years;\n ``(2) are enrolled in the system of annual patient \n enrollment established and operated by the Secretary under \n section 1705 of this title and have been so enrolled since \n before the date of the enactment of the Veterans Mental Health \n Treatment First Act of 2013;\n ``(3) are diagnosed by a physician of the Department with \n post-traumatic stress disorder, depression, anxiety disorder, \n or substance use disorder related to post-traumatic stress \n disorder, depression, or anxiety disorder that is service-\n related (as determined in accordance with subsection (b)); and\n ``(4) agree to the conditions of participation applicable \n to such veterans set forth in subsection (c).\n ``(b) Treatment of Conditions as Service-Related.--(1) A condition \nof a veteran described in subsection (a)(3) shall be treated as \nservice-related for purposes of this section if--\n ``(A) the condition has previously been adjudicated by the \n Secretary to be service-connected; or\n ``(B) the condition is judged by the physician of the \n Department making the diagnosis for the veteran as described in \n subsection (a)(3) to be plausibly related to the service of the \n veteran in the active military, naval, or air service.\n ``(2) The Secretary shall prescribe in regulations the standards to \nbe utilized by physicians of the Department in judging under paragraph \n(1)(B) whether or not a condition of a veteran described in subsection \n(a)(3) is plausibly related to the service of the veteran in the active \nmilitary, naval, or air service.\n ``(c) Conditions of Participation.--(1) As conditions for \nparticipation in the program under this section, a veteran seeking \nmental health care and rehabilitation under the program for a condition \ndescribed in subsection (a)(3) who has not yet filed a claim for \ndisability under this title for such condition shall agree as follows:\n ``(A) To comply substantially with the treatment regimen \n and rehabilitation plan prescribed under subsection (d) for the \n veteran.\n ``(B) Not to submit a claim for disability compensation \n under chapter 11 of this title for post-traumatic stress \n disorder, depression, anxiety disorder, or a related substance \n use disorder until the earlier of--\n ``(i) the end of the one-year period beginning on \n the date of the commencement of the program by the \n veteran; or\n ``(ii) the conclusion of the treatment regimen and \n rehabilitation plan prescribed under subsection (d) for \n the veteran.\n ``(2) As conditions for participation in the program under this \nsection, a veteran seeking mental health care and rehabilitation under \nthe program for a condition described in subsection (a)(3) who has \nfiled a claim for disability under this title for such condition that \nhas not been adjudicated by the Secretary at the time of the diagnosis \nof the veteran described in subsection (a)(3)--\n ``(A) shall agree to comply substantially with the \n treatment regimen and rehabilitation plan prescribed under \n subsection (d) for the veteran; and\n ``(B) may agree, at the election of the veteran, to the \n suspension by the Secretary of adjudication of such claim until \n completion by the veteran of the treatment regimen and \n rehabilitation plan.\n ``(3) As conditions for participation in the program under this \nsection, a veteran seeking mental health care and rehabilitation under \nthe program for one or more conditions described in subsection (a)(3) \nthat have been determined by the Secretary to be service-connected \nshall agree as follows:\n ``(A) To comply substantially with the treatment regimen \n and rehabilitation plan prescribed under subsection (d) for the \n veteran.\n ``(B) Not to submit a claim for an increase in disability \n compensation under chapter 11 of this title for or based on \n such condition or conditions until the earlier of--\n ``(i) the end of the one-year period beginning on \n the date of the commencement of the program by the \n veteran; or\n ``(ii) the completion of the treatment regimen and \n rehabilitation plan prescribed under subsection (d) for \n the veteran.\n ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary \nshall provide for each veteran who participates in the program under \nthis section a treatment regimen and rehabilitation plan for the post-\ntraumatic stress disorder, depression, anxiety disorder, or related \nsubstance use disorder of such veteran as described in subsection \n(a)(3). The treatment regimen and rehabilitation plan shall be devised \nby appropriate clinicians and other appropriate personnel of the \nDepartment assigned for that purpose.\n ``(2) The treatment regimen and rehabilitation plan for a veteran \nunder this subsection shall include such mental health care and \nrehabilitation as the clinicians and other personnel concerned consider \nappropriate for the remediation of the condition or conditions of the \nveteran covered by the plan.\n ``(3) The duration of each treatment regimen and rehabilitation \nplan under this subsection shall be such period as the clinician \nconcerned considers appropriate.\n ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each \nveteran covered by subsection (c)(1) who participates in the program \nunder this section shall be paid a stipend as follows:\n ``(A) $2,000 payable upon commencement of the treatment \n regimen and rehabilitation plan provided under subsection (d) \n for such veteran.\n ``(B) $1,500 payable every 90 days thereafter upon \n certification by the clinician treating such veteran under the \n program that such veteran is in substantial compliance with \n such treatment regimen and rehabilitation plan, except that the \n total amount payable to such veteran under this subparagraph \n may not exceed $6,000.\n ``(C) $3,000 payable at the earlier of--\n ``(i) the date of the conclusion of such treatment \n regimen and rehabilitation plan; or\n ``(ii) one year after the date of the commencement \n of such treatment regimen and rehabilitation plan by \n such veteran.\n ``(2) Subject to paragraph (4), each veteran covered by subsection \n(c)(2) who participates in the program under this section shall be paid \na stipend as follows:\n ``(A) If such veteran agrees as provided in subparagraph \n (B) of subsection (c)(2), the stipend payable under paragraph \n (1).\n ``(B) If such veteran does not agree as provided in \n subparagraph (B) of subsection (c)(2), the stipend payable \n under paragraph (3).\n ``(3) Subject to paragraph (4), each veteran covered by subsection \n(c)(3) who participates in the program under this section shall be paid \na stipend as follows:\n ``(A) $667 payable upon commencement of the treatment \n regimen and rehabilitation plan provided under subsection (d) \n for such veteran.\n ``(B) $500 payable every 90 days thereafter upon \n certification by the clinician treating such veteran under the \n program that such veteran is in substantial compliance with \n such treatment regimen and rehabilitation plan, except that the \n total amount payable to such veteran under this subparagraph \n may not exceed $2,000.\n ``(C) $1,000 payable at the earlier of--\n ``(i) the date of the conclusion of such treatment \n regimen and rehabilitation plan; or\n ``(ii) one year after the date of the commencement \n of such treatment regimen and rehabilitation plan by \n such veteran.\n ``(4) In the event a veteran is determined by the Secretary to have \nfailed to comply with any condition agreed to by the veteran under \nsubsection (c), payment to the veteran of any stipend otherwise \nauthorized to be payable under this subsection shall cease.\n ``(f) Limitation on Participation.--(1) Except as provided in \nparagraph (2), a veteran may participate only once in the program under \nthis section.\n ``(2) A veteran may participate more than once in the program under \nthis section if the Secretary determines that such additional \nparticipation in the program will assist the veteran in achieving the \nremediation of the condition or conditions addressed by participation \nin the program.\n ``(3) The total amount of stipend payable under subsection (e) to a \nveteran covered by paragraph (2) may not exceed $11,000.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item \nrelating to section 1712B the following new item:\n\n``1712C. Mental health care and rehabilitation for service-related \n post-traumatic stress disorder, depression, \n anxiety disorder, or related substance use \n disorder.''.","summary":"Veterans Mental Health Treatment First Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a program of mental health care and rehabilitation for veterans who: (1) have been discharged or released from active-duty service under conditions other than dishonorable for no more than two years. (2) are enrolled in the VA system of annual patient enrollment and were so enrolled before the date of enactment of this Act. (3) are diagnosed by a VA physician with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder that is service-related. And (4) agree to certain participation conditions, including not submitting a claim for veterans' disability compensation for any such condition until either one year after program commencement or the conclusion of the prescribed treatment regimen. Requires the Secretary to provide for each participant a treatment regimen and rehabilitation plan for the determined condition. Provides a stipend for participants, commencing upon program commencement, continuing through successful treatment and plan compliance, and ending either upon the conclusion of such treatment or one year after treatment and plan commencement. Allows a veteran to participate more than once in the program if the Secretary determines that the additional participation will assist the veteran in achieving the remediation of the condition.","title":"Veterans Mental Health Treatment First Act of 2013","text_len":10520,"sum_len":1408} {"bill_id":"113_s1085","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Tax Certainty and \nGrowth Act of 2013''.\n\nSEC. 2. SENSE OF THE SENATE REGARDING TAX REFORM.\n\n It is the sense of the Senate that Congress should undertake \ncomprehensive tax reform legislation to--\n (1) make our system fairer and simpler; and\n (2) promote economic growth.\n\nSEC. 3. PERMANENT DOUBLING OF DEDUCTIONS FOR START-UP EXPENSES, \n ORGANIZATIONAL EXPENSES, AND SYNDICATION FEES.\n\n (a) Start-Up Expenses.--\n (1) In general.--Clause (ii) of section 195(b)(1)(A) of the \n Internal Revenue Code of 1986 is amended--\n (A) by striking ``$5,000'' and inserting \n ``$10,000'', and\n (B) by striking ``$50,000'' and inserting \n ``$60,000''.\n (2) Conforming amendment.--Subsection (b) of section 195 of \n the Internal Revenue Code of 1986 is amended by striking \n paragraph (3).\n (b) Organizational Expenses.--Subparagraph (B) of section 248 of \nthe Internal Revenue Code of 1986 is amended--\n (1) by striking ``$5,000'' and inserting ``$10,000'', and\n (2) by striking ``$50,000'' and inserting ``$60,000''.\n (c) Organization and Syndication Fees.--Clause (ii) of section \n709(b)(1)(A) of the Internal Revenue Code of 1986 is amended--\n (1) by striking ``$5,000'' and inserting ``$10,000'', and\n (2) by striking ``$50,000'' and inserting ``$60,000''.\n (d) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years ending on or after \nthe date of the enactment of this Act.\n\nSEC. 4. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS.\n\n (a) Cash Accounting Permitted.--\n (1) In general.--Section 446 of the Internal Revenue Code \n of 1986 (relating to general rule for methods of accounting) is \n amended by adding at the end the following new subsection:\n ``(g) Certain Small Business Taxpayers Permitted To Use Cash \nAccounting Method Without Limitation.--\n ``(1) In general.--An eligible taxpayer shall not be \n required to use an accrual method of accounting for any taxable \n year.\n ``(2) Eligible taxpayer.--For purposes of this subsection, \n a taxpayer is an eligible taxpayer with respect to any taxable \n year if--\n ``(A) for all prior taxable years beginning after \n December 31, 2013, the taxpayer (or any predecessor) \n met the gross receipts test of section 448(c), and\n ``(B) the taxpayer is not subject to section 447 or \n 448.''.\n (2) Expansion of gross receipts test.--\n (A) In general.--Paragraph (3) of section 448(b) of \n such Code (relating to entities with gross receipts of \n not more than $5,000,000) is amended by striking \n ``$5,000,000'' in the text and in the heading and \n inserting ``$10,000,000''.\n (B) Conforming amendments.--Section 448(c) of such \n Code is amended--\n (i) by striking ``$5,000,000'' each place \n it appears in the text and in the heading of \n paragraph (1) and inserting ``$10,000,000'', \n and\n (ii) by adding at the end the following new \n paragraph:\n ``(4) Inflation adjustment.--In the case of any taxable \n year beginning in a calendar year after 2014, the dollar amount \n contained in subsection (b)(3) and paragraph (1) of this \n subsection shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, by substituting `calendar year \n 2013' for `calendar year 1992' in subparagraph (B) \n thereof.\n If any amount as adjusted under this subparagraph is \n not a multiple of $100,000, such amount shall be \n rounded to the nearest multiple of $100,000.''.\n (b) Clarification of Inventory Rules for Small Business.--\n (1) In general.--Section 471 of the Internal Revenue Code \n of 1986 (relating to general rule for inventories) is amended \n by redesignating subsection (c) as subsection (d) and by \n inserting after subsection (b) the following new subsection:\n ``(c) Small Business Taxpayers Not Required To Use Inventories.--\n ``(1) In general.--A qualified taxpayer shall not be \n required to use inventories under this section for a taxable \n year.\n ``(2) Treatment of taxpayers not using inventories.--If a \n qualified taxpayer does not use inventories with respect to any \n property for any taxable year beginning after December 31, \n 2013, such property shall be treated as a material or supply \n which is not incidental.\n ``(3) Qualified taxpayer.--For purposes of this subsection, \n the term `qualified taxpayer' means--\n ``(A) any eligible taxpayer (as defined in section \n 446(g)(2)), and\n ``(B) any taxpayer described in section \n 448(b)(3).''.\n (2) Increased eligibility for simplified dollar-value lifo \n method.--Section 474(c) is amended by striking ``$5,000,000'' \n and inserting ``the dollar amount in effect under section \n 448(c)(1)''.\n (c) Effective Date and Special Rules.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years beginning after December 31, 2013.\n (2) Change in method of accounting.--In the case of any \n taxpayer changing the taxpayer's method of accounting for any \n taxable year under the amendments made by this section--\n (A) such change shall be treated as initiated by \n the taxpayer;\n (B) such change shall be treated as made with the \n consent of the Secretary of the Treasury; and\n (C) the net amount of the adjustments required to \n be taken into account by the taxpayer under section 481 \n of the Internal Revenue Code of 1986 shall be taken \n into account over a period (not greater than 4 taxable \n years) beginning with such taxable year.\n\nSEC. 5. PERMANENT EXTENSION OF EXPENSING LIMITATION.\n\n (a) Dollar Limitation.--Section 179(b)(1) of the Internal Revenue \nCode of 1986 is amended by striking ``shall not exceed'' and all that \nfollows and inserting ``shall not exceed $250,000.''.\n (b) Reduction in Limitation.--Section 179(b)(2) of such Code is \namended by striking ``exceeds'' and all that follows and inserting \n``exceeds $800,000.''.\n (c) Inflation Adjustment.--Subsection (b) of section 179 of such \nCode is amended by adding at the end the following new paragraph:\n ``(6) Inflation adjustment.--\n ``(A) In general.--In the case of any taxable year \n beginning in a calendar year after 2014, the $250,000 \n in paragraph (1) and the $800,000 amount in paragraph \n (2) shall each be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n by substituting `calendar year 2013' for \n `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--\n ``(i) Dollar limitation.--If the amount in \n paragraph (1) as increased under subparagraph \n (A) is not a multiple of $1,000, such amount \n shall be rounded to the nearest multiple of \n $1,000.\n ``(ii) Phaseout amount.--If the amount in \n paragraph (2) as increased under subparagraph \n (A) is not a multiple of $10,000, such amount \n shall be rounded to the nearest multiple of \n $10,000.''.\n (d) Computer Software.--Section 179(d)(1)(A)(ii) of such Code is \namended by striking ``and before 2014''.\n (e) Election.--Section 179(c)(2) of such Code is amended by \nstriking ``and before 2014''.\n (f) Special Rules for Treatment of Qualified Real Property.--\n (1) In general.--Section 179(f)(1) of such Code is amended \n by striking ``beginning in 2010, 2011, 2012, or 2013'' and \n inserting ``beginning after 2009''.\n (2) Conforming amendment.--Section 179(f) of such Code is \n amended by striking paragraph (4).\n (g) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2013.\n\nSEC. 6. EXTENSION OF BONUS DEPRECIATION.\n\n (a) In General.--Paragraph (2) of section 168(k) of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``January 1, 2015'' in subparagraph (A)(iv) \n and inserting ``January 1, 2016'', and\n (2) by striking ``January 1, 2014'' each place it appears \n and inserting ``January 1, 2015''.\n (b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of \nsection 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by \nstriking ``January 1, 2014 (January 1, 2015'' and inserting ``January \n1, 2015 (January 1, 2016''.\n (c) Conforming Amendments.--\n (1) The heading for subsection (k) of section 168 of the \n Internal Revenue Code of 1986 is amended by striking ``January \n 1, 2014'' and inserting ``January 1, 2015''.\n (2) The heading for clause (ii) of section 168(k)(2)(B) of \n such Code is amended by striking ``Pre-january 1, 2014'' and \n inserting ``Pre-january 1, 2015''.\n (3) Section 168(k)(4)(D) is amended by striking ``and'' at \n the end of clause (ii), by striking the period at the end of \n clause (iii) and inserting a comma, and by adding at the end \n the following new clauses:\n ``(iv) `January 1, 2015' shall be \n substituted for `January 1, 2016' in \n subparagraph (A)(iv) thereof, and\n ``(v) `January 1, 2014' shall be \n substituted for `January 1, 2015' each place it \n appears in subparagraph (A) thereof.''.\n (4) Section 168(l)(4) of such Code is amended by striking \n ``and'' at the end of subparagraph (A), by redesignating \n subparagraph (B) as subparagraph (C), and by inserting after \n subparagraph (A) the following new subparagraph:\n ``(B) by substituting `January 1, 2014' for \n `January 1, 2015' in clause (i) thereof, and''.\n (5) Subparagraph (C) of section 168(n)(2) of such Code is \n amended by striking ``January 1, 2014'' and inserting ``January \n 1, 2015''.\n (6) Subparagraph (D) of section 1400L(b)(2) of such Code is \n amended by striking ``January 1, 2014'' and inserting ``January \n 1, 2015''.\n (7) Subparagraph (B) of section 1400N(d)(3) of such Code is \n amended by striking ``January 1, 2014'' and inserting ``January \n 1, 2015''.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2013, in taxable \nyears ending after such date.\n\nSEC. 7. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED \n LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS \n AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS.\n\n (a) In General.--Clauses (iv), (v), and (ix) of section \n168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by \nstriking ``January 1, 2014'' and inserting ``January 1, 2015''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2013.","summary":"Small Business Tax Certainty and Growth Act of 2013 - Expresses the sense of the Senate that Congress should undertake comprehensive tax reform to make the tax system fairer and simpler and to promote economic growth. Amends the Internal Revenue Code to: (1) make permanent the increased tax deductions for business start-up expenditures, organizational expenditures, and organization and syndication fees. (2) allow the cash accounting method for businesses whose gross receipts do not exceed $10 million. (3) exempt businesses whose gross receipts do not exceed $10 million from the requirement to use inventories. (4) make permanent the $250,000 allowance for expensing business assets, including computer software. (5) extend for one year the additional depreciation allowance for business assets. And (6) extend through 2014 the 15-year straight-line depreciation allowance for qualified leasehold, restaurant, and retail improvements.","title":"Small Business Tax Certainty and Growth Act of 2013","text_len":12721,"sum_len":940} {"bill_id":"113_hr3150","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Help Extend Auditory Relief (HEAR) \nAct of 2013''.\n\nSEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION.\n\n (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) \nof the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended--\n (1) in subparagraph (EE), by striking ``and'' at the end;\n (2) in subparagraph (FF) by inserting ``and'' at the end; \n and\n (3) by adding at the end the following new subparagraph:\n ``(GG) aural rehabilitation services (as described in \n subsection (iii)(1)(A));''.\n (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section \n1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is \namended by inserting ``and hearing aids (as defined in subsection \n(iii)(3))'' before the period.\n (c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861 \nof the Social Security Act (42 U.S.C. 1395x) is amended by adding at \nthe end the following new subsection:\n\n ``Hearing Rehabilitation\n\n ``(iii)(1) The term `hearing rehabilitation' means--\n ``(A) aural rehabilitation services (described in paragraph \n (2)) which meet such requirements as the Secretary prescribes \n and which are furnished by a physician or qualified \n audiologist, who is legally authorized to furnish such services \n under the State law (or the State regulatory mechanism provided \n by State law) of the State in which the services are furnished; \n and\n ``(B) hearing aids (as defined in paragraph (3)).\n ``(2) The services described in this subparagraph include--\n ``(A) aural rehabilitation services;\n ``(B) in the case of an individual who has a hearing loss \n (as defined by the Secretary), a comprehensive audiologic \n assessment to determine if a hearing aid is appropriate and to \n determine the need for other diagnostic medical or audiologic \n testing; and\n ``(C) a threshold test to determine audio acuity.\n ``(3)(A) The term `hearing aid' means a hearing aid described in \nsubparagraph (B), including the services described in subparagraph (C) \nfurnished by a physician or qualified audiologist, who is legally \nauthorized to supply such hearing aid under the State law (or State \nregulatory mechanism provided by State law) of the State in which the \nhearing aid is supplied, to an individual described in subparagraph \n(D).\n ``(B) A hearing aid described in this subparagraph is any wearable \ninstrument or device for, offered for the purpose of, or represented as \naiding individuals with, or compensating for, hearing loss that meets \nrequirements of the Food and Drug Administration for marketing.\n ``(C) The services described in this subparagraph include--\n ``(i) audiology services (as defined in subsection \n (ll)(2));\n ``(ii) a hearing aid assessment to determine the \n appropriate hearing aid for the individual;\n ``(iii) procurement of an appropriate hearing aid;\n ``(iv) initial fitting and adjustment of the hearing aid;\n ``(v) appropriate instruction on the use of the hearing \n aid;\n ``(vi) periodic refittings and adjustments; and\n ``(vii) rehabilitation, including counseling on hearing \n loss, speech reading, and auditory training.\n ``(D) The individuals described in this subparagraph--\n ``(i) have been determined (as a result of a comprehensive \n audiologic assessment) to have a hearing loss which can be \n appropriately treated with a hearing aid;\n ``(ii) have not been supplied with one monaural hearing aid \n or two binaural hearing aids during the preceding 3 years; and\n ``(iii) have had a comprehensive audiologic assessment \n which indicates that the hearing of such individual has \n deteriorated since such individual was last supplied with a \n hearing aid such that a hearing aid of a different type is \n appropriate for such individual.''.\n (d) Inclusion of Audiology Rehabilitation Services.--Section \n1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is \namended by inserting ``and rehabilitation'' after ``balance \nassessment''.\n (e) Exception to Exclusions From Coverage.--Section 1862(a) of the \nSocial Security Act (42 U.S.C. 1395y(a)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (O), by striking ``and'' at the \n end;\n (B) in subparagraph (P); by striking the semicolon \n at the end and inserting ``, and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(Q) in the case of hearing rehabilitation, which is \n furnished or supplied more frequently than is provided under \n section 1861(iii)(3)(D)(ii).''; and\n (2) in paragraph (7) by striking ``hearing aids or \n examinations therefor''.\n (f) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act, and shall apply to \nitems and services furnished on or after January 1 of such year, not \nlater than the third year beginning after such date of enactment, as \nthe Secretary of Health and Human Services shall specify.","summary":"Help Extend Auditory Relief (HEAR) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover aural rehabilitation services, hearing aids as durable medical equipment (DME), audiology rehabilitation services, and related hearing services.","title":"Help Extend Auditory Relief (HEAR) Act of 2013","text_len":5496,"sum_len":259} {"bill_id":"105_hr4062","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Derivatives Supervisory \nImprovement Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) There should be consistency, coordination, and clarity \n in the regulation of derivative instruments used by financial \n institutions.\n (2) Banks and their affiliates developed, and remain the \n principal participants in, the derivatives markets.\n (3) Regulation of the derivatives markets directly affects \n the liquidity, efficiency, capital position, and safety and \n soundness of the banking industry and the safety and soundness \n of the Federal deposit insurance fund.\n (4) Regulation of the derivatives markets has profound \n consequences for the continued effectiveness of the bank \n supervisory process, including the capital provisions of the \n Federal banking agencies.\n (5) Statutes and regulations governing use of financial \n derivatives by depository institutions in the United States, \n including over-the-counter and exchange-traded derivatives, \n should be brought up to date to reflect the rapid evolution of \n the markets in recent years, framed so as to keep pace with \n changes in the markets brought on by the onrush of \n technological advances, and formulated in a manner that \n enhances the legal certainty of derivatives transactions.\n (6) The Congress desires interagency cooperation to \n harmonize, to the maximum extent possible, United States rules \n and regulations related to the derivatives markets.\n (7) Regulatory arbitrage is a fact of commerce, with market \n participants having the tendency to move to the weakest \n regulator.\n (8) The stability of the international financial system and \n the competitive position of United States financial \n institutions are jeopardized if foreign markets are regulated \n less prudently than United States markets.\n\nSEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES.\n\n (a) Establishment; Composition.--There is established the Working \nGroup on Financial Derivatives, which shall consist of--\n (1) the Secretary of the Treasury;\n (2) the Chairman of the Board of Governors of the Federal \n Reserve System;\n (3) the Chairman of the Securities and Exchange Commission;\n (4) the Chairman of the Commodity Futures Trading \n Commission;\n (5) the Comptroller of the Currency;\n (6) the Director of the Office of Thrift Supervision;\n (7) the Chairperson of the Board of Directors of the \n Federal Deposit Insurance Corporation; and\n (8) the President of the Federal Reserve Bank of New York.\n (b) Chairmanship.--The Chairman of the Working Group on Financial \nDerivatives shall be the Secretary of the Treasury.\n (c) Designation of Officers and Employees.--The members of the \nWorking Group on Financial Derivatives may, from time to time, \ndesignate other officers or employees of their respective agencies to \nassist in carrying out the duties on the Working Group on Financial \nDerivatives.\n (d) Establishment of Advisory Committees.--In the development of \nrecommendations related to derivative products, the Working Group on \nFinancial Derivatives shall consult, to the widest extent possible, \nwith market participants, and may establish advisory committees \naccordingly.\n (e) Sunset; Reports.--The Working Group on Financial Derivatives \nshall cease to exist upon the enactment of legislation authorizing \nappropriations for the Commodity Futures Trading Commission for any \nfiscal year after fiscal year 2000. The Secretary of the Treasury and \nthe Chairman of the Board of Governors of the Federal Reserve System \nshall submit to the Congress every 6 months, during the 4-year period \nbeginning on the date of such cessation, a report on the progress of \nthe implementation of the recommendations of the Working Group on \nFinancial Derivatives.\n\nSEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS.\n\n (a) Study.--The Working Group on Financial Derivatives established \nunder section 2--\n (1) shall conduct a study on the regulation of the \n derivatives markets, including over-the-counter derivatives and \n exchange-traded derivatives, in which depository institutions, \n brokers or dealers registered under the Securities and Exchange \n Act of 1934, foreign banks, or affiliates of a depository \n institution or a foreign bank, participate; and\n (2) shall develop recommendations for modernizing and \n harmonizing statutes, regulations, and policies--\n (A) to reflect changes in the markets described in \n paragraph (1);\n (B) to improve their operations;\n (C) to enhance legal certainty for all types of \n instruments related to such markets, including hybrid \n instruments and swap agreements; and\n (D) to promote the harmonization of regulation of \n such markets worldwide.\n (b) Reports.--\n (1) Interim report.--Not later than 6 months after the date \n of the enactment of this Act, the Working Group on Financial \n Derivatives established under section 2 shall submit an interim \n report to the Congress describing the working group's progress.\n (2) Final report.--Not later than 1 year after the date of \n the enactment of this Act, the Working Group on Financial \n Derivatives established under section 2 shall submit a final \n report to the Congress describing the study conducted under \n subsection (a)(1) and containing the recommendations developed \n under subsection (a)(2).\n (3) Separate views.--The reports under paragraph (1) and \n (2) may include separately stated views of any member of the \n working group.\n\nSEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM.\n\n To protect customers, stabilize the international financial system, \nand underpin the safety and soundness of banking institutions in the \nUnited States and the banking system around the world, the Government \nof the United States and the Working Group on Financial Derivatives \nshould make a high priority continual negotiations to ensure that \nforeign markets and regulatory bodies establish and maintain \nregulations comparably prudent to those applicable in United States \nmarkets.\n\nSEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP \n AGREEMENTS.\n\n Notwithstanding any other provision of law--\n (1) during the period beginning on the date of the \n enactment of this Act and ending upon the enactment of \n legislation authorizing appropriations for the Commodity \n Futures Trading Commission for any fiscal year after fiscal \n year 2000, the Commodity Futures Trading Commission may not, \n without the approval of the Secretary of the Treasury, propose \n or promulgate any rule, regulation, or order, or issue any \n interpretive or policy statement, that restricts or regulates \n activity in a hybrid instrument or swap agreement--\n (A) that is eligible for exemption under part 34 or \n 35 of title 17, Code of Federal Regulations (as in \n effect on January 1, 1998); and\n (B) to which a depository institution, a broker or \n dealer registered under the Securities and Exchange Act \n of 1934, a foreign bank, or an affiliate of a \n depository institution or a foreign bank, is a party; \n and\n (2) a hybrid instrument or swap agreement described in \n paragraph (1) that is entered into before the period described \n in such paragraph shall not be subject to section 2(a)(1)(B)(v) \n of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)).\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``depository institution'' has the meaning \n given such term in section 19(b)(1)(A) of the Federal Reserve \n Act (12 U.S.C. 461(b)(1)(A)).\n (2) The term ``foreign bank'' has the meaning given such \n term in section 1(b)(7) of the International Banking Act of \n 1978 (12 U.S.C. 3101(b)(7)).","summary":"Financial Derivatives Supervisory Improvement Act of 1998 - Establishes the Working Group on Financial Derivatives to study and report to the Congress on: (1) the regulation of derivatives markets in which domestic and foreign depository institutions and registered brokers and dealers participate. And (2) any recommendations for modernizing and harmonizing statutes, regulations, and policies. Urges the Group to assign a high priority to continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those governing the US markets. Prohibits the Commodity Futures Trading Commission, for a specified time period, without the Secretary of the Treasury's approval, from promulgating or proposing regulations, or issuing any interpretive or policy statements that regulate or restrict activity in certain hybrid instruments and swap agreements. Declares that any such hybrid instruments or swap agreements entered into before such period shall not be subject to the Commodity Exchange Act's restriction of futures contracts or exempted securities.","title":"Financial Derivatives Supervisory Improvement Act of 1998","text_len":8655,"sum_len":1118} {"bill_id":"105_hr1722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bank Regulation Adjustment Act''.\n\nSEC. 2. CRIMINAL LIABILITY ESTABLISHED FOR CERTAIN ACTIVITIES RELATING \n TO CREDIT CARDS.\n\n Section 134 of the Truth in Lending Act (15 U.S.C. 1644) is \namended--\n (1) in the provision designated as subsection (d), by \n redesignating paragraphs (1), (2), and (3) as subparagraphs \n (A), (B), and (C);\n (2) in the provision designated as subsection (e), by \n redesignating paragraphs (1) and (2) as subparagraphs (A) and \n (B);\n (3) by redesignating the provisions designated as \n subsections (a) through (f) as paragraphs (1) through (6), \n respectively;\n (4) by moving the left margin of paragraphs (1) through (6) \n (as so redesignated by paragraph (3) of this section) 2 ems to \n the right;\n (5) by striking ``or'' at the end of paragraph (5) (as so \n redesignated by paragraph (3) of this section);\n (6) by striking ``obtained--'' at the end of paragraph (6) \n (as so redesignated by paragraph (3) of this section) and \n inserting a semicolon;\n (7) by inserting immediately after paragraph (6) (as so \n redesignated) the following new paragraphs:\n ``(7) Whoever, with unlawful or fraudulent intent, \n utilizes, or conspires to utilize, an instrumentality of \n interstate or foreign commerce to notify a creditor in \n accordance with section 161 that a statement of account \n contains a billing error with regard to a transaction, knowing \n the statement to be correct with regard to such transaction; or\n ``(8) Whoever, with unlawful or fraudulent intent, \n utilizes, or conspires to utilize, an instrumentality of \n interstate or foreign commerce to notify a card issuer of an \n unauthorized use of a credit card with regard to a transaction \n knowing the use of the credit card in connection with such \n transaction to have been authorized,'';\n (8) by inserting the following subsection designation and \n heading immediately preceding paragraph (1) (as so \n redesignated):\n ``(a) In General.--''; and\n (9) by adding at the end the following new subsection:\n ``(b) Obtaining Credit Card by Fraudulent Means.--Whoever, with \nunlawful or fraudulent intent, utilizes, or conspires to utilize an \ninstrumentality of interstate or foreign commerce--\n ``(1) to submit an application for a credit card to a \n credit card issuer knowing the application to be forged, \n fictitious, altered, or fraudulent;\n ``(2) to submit false or misleading information to a credit \n card issuer; or\n ``(3) to apply for 2 or more credit cards from 1 or more \n credit card issuers within any 1-year period,\nshall be fined in accordance with title 18, United States Code, \nimprisoned for not more than 10 years, or both.''.\n\nSEC. 3. DECREASE IN CERTAIN BURDENS ASSOCIATED WITH CURRENCY \n TRANSACTION REPORTING REQUIREMENTS.\n\n Section 5313 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n ``(h) Administrative Action Required.--\n ``(1) Annual inflation adjustment.--Any amount established \n by the Secretary under subsection (a) which defines a \n transaction for which a report is required under such \n subsection shall be adjusted annually after December 31, 1997, \n by the annual percentage increase in the Consumer Price Index \n for Urban Wage Earners and Clerical Workers published by the \n Bureau of Labor Statistics.''.\n ``(2) Infrequent filers.--\n ``(A) In general.--If the number of reports filed \n by a depository institution under subsection (a) \n averages less than 50 per month, the depository \n institution may file such reports on a quarterly basis.\n ``(B) Reporting of suspicious transactions not \n affected.--Subparagraph (A) shall not be construed as \n affecting any obligation of a depository institution to \n promptly report any suspicious transaction in \n accordance with section 5318(g).''.\n\nSEC. 4. REPEAL OF ``DUE ON DEMAND'' REQUIREMENT FOR LOANS TO INSIDERS.\n\n Section 22(g) of the Federal Reserve Act (12 U.S.C. 375a) is \namended--\n (1) in paragraph (1)--\n (A) by inserting ``and'' after the semicolon at the \n end of subparagraph (B);\n (B) by striking ``; and'' at the end of \n subparagraph (C) and inserting a period; and\n (C) by striking subparagraph (D);\n (2) by striking paragraph (6); and\n (3) by redesignating paragraphs (7), (8), (9), and (10) as \n paragraphs (6), (7), (8), and (9), respectively.\n\nSEC. 5. REPEAL OF AUTHORITY TO ASSESS EXAMINATION FEES ON STATE \n DEPOSITORY INSTITUTIONS.\n\n (a) State Member Banks.--The 8th undesignated paragraph of section \n9 of the Federal Reserve Act (12 U.S.C. 326) is amended by striking the \npenultimate sentence (relating to assessments for examinations).\n (b) Nonmember State Depository Institutions.--Section 10(e)(1) of \nthe Federal Deposit Insurance Act (12 U.S.C. 1820(e)(1)) is amended by \ninserting ``Federal'' before ``depository institution''.\n\nSEC. 6. EFFECTIVE DATE OF BANKING REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no \nregulation prescribed by any Federal banking agency shall take effect \nbefore the end of the 180-day period beginning on the date the \nregulation is published in final form in the Federal Register unless \nthe Federal law under which such regulation is prescribed specifies an \neffective date for such regulation.\n (b) Exceptions for Regulations Reducing Burdens on Depository \nInstitutions.--Subsection (a) shall not apply to any regulation the \npurpose of which is to reduce the administrative burden on depository \ninstitutions.\n (c) Definitions.--For purposes of this section, the terms \n``depository institution'' and ``Federal banking agency'' have the \nmeaning given to such terms in section 3 of the Federal Deposit \nInsurance Act.\n\nSEC. 7. OTHER PROVISIONS.\n\n (a) Field of Membership Authority.--Section 109 of the Federal \nCredit Union Act (12 U.S.C. 1759) is amended by striking ``Federal \ncredit union membership shall be limited to groups having a common \nbond'' and inserting ``the membership of any Federal credit union shall \nbe limited to groups having common bonds''.\n (b) Expansion of Voting Period Before Conversion to Another Form of \nDepository Institution.--Any regulation prescribed by the National \nCredit Union Administration under the Federal Credit Union Act which \nrequires a vote by the members of an insured credit union (as defined \nin section 101(7) of the Federal Credit Union Act) in a special meeting \nor by mail to approve or disapprove a proposal by the credit union to \ntransfer all or any portion of the deposits of the credit union to an \ninsured depository institution (as defined in section 3(c) of the \nFederal Deposit Insurance Act) shall allow the credit union to provide \nnotice of such vote up to 90 days before the date of the vote.\n\nSEC. 8. EXEMPTION FOR FEES AND INCOME ATTRIBUTABLE TO CERTAIN ASSETS OF \n DEPOSITORY INSTITUTIONS.\n\n Notwithstanding any other provision of Federal law, the fees and \nincome received by a depository institution (as defined in section 3(c) \nof the Federal Deposit Insurance Act) which are attributable to the 1st \n$350,000,000 of the total assets of such institution shall be excluded \nfrom gross income of such institution for purposes of any Federal tax \non income for taxable years of the institution which begin after \nDecember 31, 1997.","summary":"Bank Regulation Adjustment Act - Amends the Truth in Lending Act to establish a criminal penalty for specified activities pertaining to fraudulent use of credit cards, including obtaining a credit card by fraudulent means. Amends Federal monetary law to mandate annual inflation adjustments with respect to specified transactions for which a domestic financial institution is required to file currency transaction reports. Permits filers of infrequent currency transaction reports to file on a quarterly basis. Amends the Federal Reserve Act to repeal: (1) the due on demand requirement for insider loans to executive bank officers, (2) reporting requirements pertaining to such loans. And (3) the authority of the Board of Governors of the Federal Reserve System to assess examination fees against State depository institutions. Amends the Federal Deposit Insurance Act to restrict to Federal depository institutions the assessment of examination fees by the Federal Deposit Insurance Corporation. States that the effective date for banking regulations shall be at the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register . Amends the Federal Credit Union Act to expand Federal credit union membership from groups having a common bond to groups having common bonds. Declares that any regulation prescribed by the National Credit Union Administration which requires a vote by the membership to approve or disapprove a proposal to transfer credit union deposits to an insured depository institution shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. Excludes from the gross income of a depository institution, for Federal tax purposes, the fees and income it receives which are attributable to the first $350 million of its total assets.","title":"Bank Regulation Adjustment Act","text_len":8059,"sum_len":1849} {"bill_id":"105_hr4622","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Contractor Tax \nSimplification Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) Simplifying the tax rules with respect to independent \n contractors was the top vote-getter at the 1995 White House \n Conference on Small Business. Conference delegates recommended \n that Congress ``should recognize the legitimacy of an \n independent contractor''. The Conference found that the current \n common law is ``too subjective'' and called upon the Congress \n to establish ``realistic and consistent guidelines''.\n (2) It is in the best interests of taxpayers and the \n Federal Government to have fair and objective rules for \n determining who is an employee and who is an independent \n contractor.\n\nSEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT \n EMPLOYEES.\n\n (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 \n(general provisions relating to employment taxes) is amended by adding \nafter section 3510 the following new section:\n\n``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT \n EMPLOYEES.\n\n ``(a) General Rule.--For purposes of this subtitle, and \nnotwithstanding any provision of this subtitle to the contrary, if the \nrequirements of subsections (b), (c), and (d) are met with respect to \nany service performed by any individual, then with respect to such \nservice--\n ``(1) the service provider shall not be treated as an \n employee,\n ``(2) the service recipient shall not be treated as an \n employer, and\n ``(3) the payor shall not be treated as an employer.\n ``(b) Service Provider Requirements With Regard to Service \nRecipient.--For the purposes of subsection (a), the requirements of \nthis subsection are met if the service provider, in connection with \nperforming the service--\n ``(1) has a significant investment in assets and\/or \n training,\n ``(2) incurs significant unreimbursed expenses,\n ``(3) agrees to perform the service for a particular amount \n of time or to complete a specific result and is liable for \n damages for early termination without cause,\n ``(4) is paid primarily on a commissioned basis, or\n ``(5) purchases products for resale.\n ``(c) Additional Service Provider Requirements With Regard to \nOthers.--For the purposes of subsection (a), the requirements of this \nsubsection are met if--\n ``(1) the service provider--\n ``(A) has a principal place of business,\n ``(B) does not primarily provide the service in the \n service recipient's place of business, or\n ``(C) pays a fair market rent for use of the \n service recipient's place of business; or\n ``(2) the service provider--\n ``(A) is not required to perform service \n exclusively for the service recipient, and\n ``(B) in the year involved, or in the preceding or \n subsequent year--\n ``(i) has performed a significant amount of \n service for other persons,\n ``(ii) has offered to perform service for \n other persons through--\n ``(I) advertising,\n ``(II) individual written or oral \n solicitations,\n ``(III) listing with registries, \n agencies, brokers, and other persons in \n the business of providing referrals to \n other service recipients, or\n ``(IV) other similar activities, or\n ``(iii) provides service under a business \n name which is registered with (or for which a \n license has been obtained from) a State, a \n political subdivision of a State, or any agency \n or instrumentality of 1 or more States or \n political subdivisions.\n ``(d) Written Document Requirements.--For purposes of subsection \n(a), the requirements of this subsection are met if the services \nperformed by the individual are performed pursuant to a written \ncontract between such individual and the person for whom the services \nare performed, or the payor, and such contract provides that the \nindividual will not be treated as an employee with respect to such \nservices for purposes of this subtitle.\n ``(e) Special Rules.--For purposes of this section--\n ``(1) If for any taxable year any service recipient or \n payor fails to meet the applicable reporting requirements of \n sections 6041(a), 6041A(a), or 6051 with respect to a service \n provider, then, unless such failure is due to reasonable cause \n and not willful neglect, this section shall not apply in \n determining whether such service provider shall not be treated \n as an employee of such service recipient or payor for such \n year.\n ``(2) If the service provider is performing services \n through an entity owned in whole or in part by such service \n provider, then the references to `service provider' in \n subsections (b) through (d) may include such entity, provided \n that the written contract referred to in paragraph (1) of \n subsection (d) may be with either the service provider or such \n entity and need not be with both.\n ``(f) Definitions.--For the purposes of this section--\n ``(1) Service provider.--The term `service provider' means \n any individual who performs service for another person.\n ``(2) Service recipient.--Except as provided in paragraph \n (5), the term `service recipient' means the person for whom the \n service provider performs such service.\n ``(3) Payor.--Except as provided in paragraph (5), the term \n `payor' means the person who pays the service provider for the \n performance of such service in the event that the service \n recipients do not pay the service provider.\n ``(4) In connection with performing the service.--The term \n `in connection with performing the service' means in connection \n or related to--\n ``(A) the actual service performed by the service \n provider for the service recipients or for other \n persons for whom the service provider has performed \n similar service, or\n ``(B) the operation of the service provider's trade \n or business.\n ``(5) Exceptions.--The terms `service recipient' and \n `payor' do not include any entity which is owned in whole or in \n part by the service provider.''\n (b) Clerical Amendment.--The table of sections for chapter 25 of \nsuch Code is amended by adding at the end the following new item:\n\n ``Sec. 3511. Standards for determining \n whether individuals are not \n employees.''\n (c) Effective Date.--The amendments made by this Act shall apply to \nservices performed after December 31, 1998.","summary":"Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees.","title":"Independent Contractor Tax Simplification Act of 1998","text_len":7629,"sum_len":183} {"bill_id":"106_hr5448","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``New Economy Workforce Act''.\n\nSEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS.\n\n Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. \n1153(e)(1)) is amended--\n (1) by striking ``(1) Immigrant visas'' and inserting \n ``(1)(A) Subject to the succeeding provisions of this \n paragraph, immigrant visas''; and\n (2) by adding at the end the following:\n ``(B)(i) An immigrant visa may be made available under paragraph \n(1), (2)(B), (3), or (4) of subsection (a) to an alien who--\n ``(I) does not have a bachelor's degree (or higher degree) \n only if there is no qualified individual to whom such a visa \n may be made available under the respective paragraph who has \n such a degree; or\n ``(II) is not a high school graduate only if there is no \n qualified individual to whom such a visa may be made available \n under the respective paragraph who has a bachelor's degree (or \n higher degree) or who is a high school graduate.\n ``(ii) For purposes of clause (i)--\n ``(I) the term `bachelor's degree' includes a foreign \n degree that is a recognized foreign equivalent of a bachelor's \n degree; and\n ``(II) the term `high school graduate' means an individual \n who has successfully completed either a 12-year course of \n elementary and secondary school study in the United States or a \n formal course of elementary and secondary school study abroad \n equivalent to a 12-year course of elementary and secondary \n school study in the United States.\n ``(iii) The determination of educational status under clause (i) \nshall be made using the most recent evidence with respect to \neducational credentials proffered by the alien.''.\n\nSEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS.\n\n Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. \n1153(a)(2)) is amended to read as follows:\n ``(2) Requirement of education.--\n ``(A) In general.--An alien is not eligible for a \n visa under this subsection unless the alien has a \n bachelor's degree (or higher degree).\n ``(B) Definition.--For purposes of subparagraph \n (A), the term `bachelor's degree' includes a foreign \n degree that is a recognized foreign equivalent of a \n bachelor's degree.''.\n\nSEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO \n DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND \n VERIFICATION OF EDUCATIONAL CREDENTIALS.\n\n Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) \nis amended by adding at the end the following:\n ``(h) Determinations With Respect to Foreign Degree Equivalence.--\nFor purposes of subsections (c)(2) and (e)(1)(B), in the case of an \nalien obtaining a foreign degree, or completing a foreign course of \nelementary and secondary school study, any determination with respect \nto the equivalence of that degree or course of study to a degree \nobtained, or a course of study completed, in the United States shall be \nmade by the Secretary of State. In carrying out the preceding sentence, \nthe Secretary of State shall verify the authenticity of any foreign \neducational credential proffered by an alien.''.\n\nSEC. 5. ADMINISTRATIVE OBLIGATIONS.\n\n (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later \nthan 90 days after the date of the enactment of this Act, the Secretary \nof State, in consultation with the Attorney General, shall promulgate \nregulations regarding the allocation of immigrant visas, made available \nunder paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the \nImmigration and Nationality Act, pursuant to the amendments made by \nthis Act.\n (b) Determinations With Respect to Foreign Degrees.--\n (1) In general.--Not later than 90 days after the date of \n the enactment of this Act, the Secretary of State, in \n consultation with the Attorney General and the Secretary of \n Education, shall promulgate regulations to carry out section \n 203(h) of the Immigration and Nationality Act (as added by \n section 4).\n (2) Imposition of fee.--Such regulations may permit the \n Secretary of State to charge and collect a processing and \n verification fee, to be set at a level that will ensure \n recovery of the full costs incurred in carrying out such \n section 203(h).\n (3) Use of fee.--There is established in the general fund \n of the Treasury a separate account, which shall be known as the \n ``Foreign Degree Equivalence Account''. Notwithstanding any \n other provision of law, there shall be deposited as offsetting \n receipts into the account all fees collected pursuant to \n paragraph (2). Amounts deposited into the account shall remain \n available to the Secretary of State until expended to carry out \n section 203(h) of the Immigration and Nationality Act (as added \n by section 4).\n (c) Other Regulations.--Except as provided in subsections (a) and \n(b), not later than 90 days after the date of the enactment of this \nAct, the Attorney General, in consultation with the Secretary of State \nand the Secretary of Education, shall promulgate regulations \nimplementing the amendments made by this Act.\n (d) Forms.--Not later than 90 days after the date on which \nregulations are promulgated under subsections (a) through (c), the \nAttorney General and the Secretary of State shall each make available \nrevised forms, as appropriate, that prominently include instructions \nregarding procedures for establishing an alien's level of educational \nattainment for purposes of the amendments made by this Act. Such forms \nshall include appropriate forms for supplementing prior submissions.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to immigrant visas made \navailable under section 203(a) of the Immigration and Nationality Act \non or after the date that is 180 days after the date of the enactment \nof this Act, and immigrant visas made available under section 203(c) of \nsuch Act on or after October 1, 2002, regardless of the date any \nclassification petition under section 204 of such Act may have been \nfiled.","summary":"Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.","title":"New Economy Workforce Act","text_len":6509,"sum_len":318} {"bill_id":"106_s2319","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Voluntary Medicare \nPrescription Drug Plan Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Medicare payment for outpatient prescription drugs.\n ``Part D--Voluntary Medicare Prescription Drug Coverage\n\n ``Sec. 1860A. Medicare Prescription Drug Plan.\n ``Sec. 1860B. Rx Option.\n ``Sec. 1860C. Combined deductible.\n ``Sec. 1860D. Partnerships with private entities to offer the \n Rx Option.''.\nSec. 3. Conforming changes to Medigap.\n\nSEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.\n\n (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. \n1395 et seq.) is amended by redesignating part D as part E and by \ninserting after part C the following new part:\n\n ``Part D--Voluntary Medicare Prescription Drug Coverage\n\n ``medicare prescription drug plan\n\n ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan \neligible individual may elect coverage (beginning on January 1, 2001) \nunder this part by enrolling in the Rx Option in order to receive \ncoverage for outpatient prescription drugs as described in section \n1860B and to pay a combined deductible under section 1860C.\n ``(b) Medicare Prescription Drug Plan Eligible Individual \nDefined.--In this part, the term `Medicare Prescription Drug Plan \neligible individual' means an individual who is--\n ``(1) eligible for benefits under part A and enrolled under \n part B;\n ``(2) not enrolled in a Medicare+Choice plan under part C; \n and\n ``(3) not eligible for medical assistance for outpatient \n prescription drugs under title XIX.\n\n ``rx option\n\n ``Sec. 1860B. (a) Enrollment in the Rx Option.--\n ``(1) In general.--Except as provided in paragraph (2), the \n Secretary shall establish a process for the enrollment of \n Medicare Prescription Drug Plan eligible individuals under the \n Rx Option that is based upon the process for enrollment in \n Medicare+Choice plans under part C of this title.\n ``(2) Exceptions.--\n ``(A) 2-year obligation.--Except as provided in \n subparagraph (B), a Medicare Prescription Drug Plan \n eligible individual who elects the Rx Option shall be \n subject to the provisions of this part for a minimum \n period of 2 years, beginning with the first full month \n during which the individual is eligible for benefits \n under the Rx Option.\n ``(B) Free look period.--An individual who elects \n the Rx Option may disenroll from such Option no later \n than the last day of the first full month following the \n month in which such election was made.\n ``(3) Enrollment in medicare supplemental policies.--An \n individual enrolled in the Rx Option may be enrolled only in a \n medicare supplemental policy subject to the special rules \n described in section 1882(v).\n ``(b) Outpatient Prescription Drug Benefits.--\n ``(1) In general.--Beginning in 2001, under the Rx Option, \n after the enrollee has met the combined deductible under \n section 1860C, the Secretary shall provide a benefit for \n outpatient prescription drugs through private entities under \n section 1860D equal to 50 percent of the lesser of--\n ``(A) the cost of outpatient prescription drugs for \n such year; or\n ``(B) $5000.\n ``(2) Cost-of-living adjustment.--\n ``(A) In general.--In the case of any calendar year \n beginning after 2001, the dollar amount in paragraph \n (1)(B) shall be increased by an amount equal to--\n ``(i) such dollar amount; multiplied by\n ``(ii) the cost-of-living adjustment.\n ``(B) Cost-of-living adjustment.--For purposes of \n subparagraph (A), the cost-of-living adjustment for any \n calendar year is the percentage (if any) by which--\n ``(i) the prescription drug component of \n the Consumer Price Index for all urban \n consumers (all items city average) for the 12-\n month period ending with August of the \n preceding year; exceeds\n ``(ii) such prescription drug component of \n the Consumer Price Index for the 12-month \n period ending with August 2000.\n ``(C) Rounding.--If any increase determined under \n subparagraph (B) is not a multiple of $1, such increase \n shall be rounded to the nearest multiple of $1.\n\n ``combined deductible\n\n ``Sec. 1860C. (a) In General.--Notwithstanding any provision of \nthis title and beginning in 2001, a beneficiary electing the Rx Option \nshall be subject to a combined deductible that shall apply in lieu of \nthe deductibles applied under sections 1813(a)(1) and 1833(b).\n ``(b) Amount.--\n ``(1) In general.--For purposes of subsection (a), the \n combined deductible is equal to $675.\n ``(2) Cost-of-living adjustment.--In the case of any \n calendar year after 2001, the dollar amount in paragraph (1) \n shall be increased by an amount equal to--\n ``(A) such dollar amount; multiplied by\n ``(B) the increase in the medical component of the \n CPI as determined by the Bureau of Labor Statistics.\n ``(3) Rounding.--If any increase determined under paragraph \n (2) is not a multiple of $1, such increase shall be rounded to \n the nearest multiple of $1.\n ``(c) Application.--In applying the combined deductible described \nin subsection (a) such deductible shall apply to each expense incurred \non a calendar year basis for each item or service covered under this \ntitle, and each expense paid on a calendar year basis for such an item \nor service shall be credited against such deductible.\n\n ``partnerships with private entities to offer the rx option\n\n ``Sec. 1860D. (a) Partnerships.--\n ``(1) In general.--The Secretary shall contract with \n private entities for the provision of outpatient prescription \n drug benefits under the Rx Option.\n ``(2) Private entities.--The private entities described in \n paragraph (1) shall include insurers (including issuers of \n medicare supplemental policies under section 1882), \n pharmaceutical benefit managers, chain pharmacies, groups of \n independent pharmacies, and other private entities that the \n Secretary determines are appropriate.\n ``(3) Areas.--The Secretary may award a contract to a \n private entity under this section on a local, regional, or \n national basis.\n ``(4) Drug benefits only through private entities.--\n Outpatient prescription drug benefits under the Rx Option shall \n be offered only through a contract with a private entity under \n this section.\n ``(b) Secretary Required To Contract With Any Willing Qualified \nPrivate Entity.--The Secretary may not exclude a private entity from \nreceiving a contract to provide outpatient prescription drug benefits \nunder the Rx Option if the private entity meets all of the requirements \nestablished by the Secretary for providing such benefits.''.\n\nSEC. 3. CONFORMING CHANGES TO MEDIGAP.\n\n Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is \namended by adding at the end the following new subsection:\n ``(v) Special Rules for Medicare Prescription Drug Plan \nEnrollees.--\n ``(1) Revision of benefit packages.--\n ``(A) In general.--Notwithstanding subsection (p), \n the benefit packages established under such subsection \n (including the 2 plans described in paragraph (11)(A) \n of such subsection) shall be revised (in the manner \n described in subsection (p)(1)(E)) so that each of the \n benefit packages classified as `A' through `J' remain \n exactly the same, except that each benefit package \n shall include special rules that apply only to \n individuals enrolled in the Rx Option under section \n 1860B as follows:\n ``(i) Combined deductible.--Each benefit \n package shall require the beneficiary of the \n policy to pay annual out-of-pocket expenses \n (other than premiums) in an amount equal to the \n amount of the combined deductible under section \n 1860C(b) before the policy begins payment of \n any benefits.\n ``(ii) Prescription drug coverage.--In the \n case of a benefit package classified as `H', \n `I', and `J', such policy may not provide \n coverage for outpatient prescription drugs that \n duplicates the coverage for outpatient \n prescription drugs provided under the Rx Option \n under section 1860B(b).\n ``(B) Adjusted premium.--In the case of an \n individual enrolled in the Rx Option, the premium for \n the policy in which the individual is enrolled may be \n appropriately adjusted to reflect the special rules \n applicable to such individual under subparagraph (A).\n ``(2) Renewability and continuity of coverage.--The \n revisions of benefit packages under paragraph (1) shall not \n affect--\n ``(A) the renewal of medicare supplemental policies \n under this section that are in existence on the \n effective date of such revisions; or\n ``(B) the continuity of coverage under such \n policies.''.","summary":"Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year. Or (2) $5000. Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.","title":"Voluntary Medicare Prescription Drug Plan Act of 2000","text_len":10577,"sum_len":264} {"bill_id":"110_hr2763","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biofuels Research and Development \nEnhancement Act'' .\n\nSEC. 2. BIOFUELS AND BIOREFINERY INFORMATION CENTER.\n\n (a) In General.--The Secretary of Energy (in this Act referred to \nas the ``Secretary''), in cooperation with the Secretary of \nAgriculture, shall establish an information center to make available to \ninterested parties information on research, development, and commercial \napplication of technologies related to biofuels and biorefineries, \nincluding--\n (1) biochemical and thermochemical conversion technologies \n capable of making fuels from lignocellulosic feedstocks;\n (2) biotechnology processes capable of making biofuels with \n an emphasis on development of biorefinery technologies using \n enzyme-based processing systems; and\n (3) other advanced processes and technologies that will \n enable the development of biofuels.\n (b) Administration.--In administering the biofuels and biorefinery \ninformation center, the Secretary shall--\n (1) continually update information provided by the center;\n (2) make information available to interested parties on the \n process for establishing a biorefinery; and\n (3) make information and assistance provided by the center \n available through a toll-free telephone number and website.\n\nSEC. 3. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE.\n\n Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is \namended by adding at the end the following new subsection:\n ``(f) Biofuels and Advanced Biofuels Infrastructure.--\n ``(1) In general.--The Secretary shall carry out a program \n of research, development, and demonstration as it relates \n existing transportation fuel distribution infrastructure and \n new alternative distribution infrastructure. The program shall \n focus on the physical and chemical properties of biofuels and \n efforts to prevent or mitigate against adverse impacts of those \n properties in the following areas:\n ``(A) Corrosion of metal, plastic, rubber, cork, \n fiberglass, glues, or any other material used in pipes \n and storage tanks.\n ``(B) Dissolving of storage tank sediments.\n ``(C) Clogging of filters.\n ``(D) Contamination from water or other adulterants \n or pollutants.\n ``(E) Poor flow properties related to low \n temperatures.\n ``(F) Oxidative and thermal instability in long-\n term storage and use.\n ``(G) Increased volatile emissions.\n ``(H) Microbial contamination.\n ``(I) Problems associated with electrical \n conductivity.\n ``(J) Increased nitrogen oxide emissions.''.\n\nSEC. 4. BIODIESEL.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary shall submit to Congress a report on any research and \ndevelopment challenges inherent in increasing to 5 percent the \nproportion of diesel fuel sold in the United States that is biodiesel \n(as defined in section 757 of the Energy Policy Act of 2005 (42 U.S.C. \n16105)).\n\nSEC. 5. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.\n\n Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. \n16317(a)(1)) is amended by inserting before the period at the end the \nfollowing: ``, including the establishment of at least 11 bioresearch \ncenters of varying sizes, as appropriate, that focus on biofuels, of \nwhich at least 2 centers shall be located in each of the 4 Petroleum \nAdministration for Defense Districts with no subdistricts and at least \n1 center shall be located in each of the subdistricts of the Petroleum \nAdministration for Defense District with subdistricts''.\n\nSEC. 6. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN \n CERTAIN STATES.\n\n (a) In General.--The Secretary shall provide grants to eligible \nentities for research, development, demonstration, and commercial \napplication of biofuel production technologies in States with low rates \nof ethanol production, including low rates of production of cellulosic \nbiomass ethanol, as determined by the Secretary.\n (b) Eligibility.--To be eligible to receive a grant under this \nsection, an entity shall--\n (1)(A) be an institution of higher education (as defined in \n section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) \n located in a State described in subsection (a); or\n (B) be a consortium including at least 1 such institution \n of higher education, and industry, State agencies, Indian \n tribal agencies, or local government agencies located in the \n State; and\n (2) have proven experience and capabilities with relevant \n technologies.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out this section $25,000,000 for \neach of fiscal years 2008 through 2010.\n\nSEC. 7. BIOREFINERY ENERGY EFFICIENCY.\n\n Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232), is \namended by adding at the end the following new subsection:\n ``(g) Biorefinery Energy Efficiency.--The Secretary shall establish \na program of research, development, demonstration, and commercial \napplication for increasing energy efficiency and reducing energy \nconsumption in the operation of biorefinery facilities.''.\n\nSEC. 8. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH \n HIGHER LEVELS OF ETHANOL.\n\n (a) In General.--The Secretary, in cooperation with the Secretary \nof Agriculture, the Administrator of the Environmental Protection \nAgency, and the Secretary of Transportation, and after providing notice \nand an opportunity for public comment, shall conduct a study of the \nfeasibility of increasing consumption in the United States of ethanol-\nblended gasoline with levels of ethanol that are not less than 10 \npercent and not more than 40 percent.\n (b) Study.--The study under subsection (a) shall include--\n (1) a review of production and infrastructure constraints \n on increasing consumption of ethanol;\n (2) an evaluation of the economic, market, and energy-\n related impacts of State and regional differences in ethanol \n blends;\n (3) an evaluation of the economic, market, and energy-\n related impacts on gasoline retailers and consumers of separate \n and distinctly labeled fuel storage facilities and dispensers;\n (4) an evaluation of the environmental impacts of the \n ethanol blends described in subsection (a) on evaporative and \n exhaust emissions from on-road, off-road, and marine vehicle \n engines;\n (5) an evaluation of the impacts of the ethanol blends \n described in subsection (a) on the operation, durability, and \n performance of on-road, off-road, and marine vehicle engines; \n and\n (6) an evaluation of the safety impacts of the ethanol \n blends described in subsection (a) on consumers that own and \n operate off-road and marine vehicle engines.\n (c) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report describing \nthe results of the study conducted under this section.\n\nSEC. 9. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 \n FUEL.\n\n (a) In General.--The Secretary shall conduct a study of whether \noptimizing flexible fueled vehicles to operate using E-85 fuel would \nincrease the fuel efficiency of flexible fueled vehicles, and shall \ninclude recommendations for how manufacturers can best optimize such \nvehicles to increase fuel efficiency.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit to the Committee on Science and \nTechnology of the House of Representatives the Committee on Energy and \nNatural Resources of the Senate a report that describes the results of \nthe study under this section, including any recommendations of the \nSecretary.\n\nSEC. 10. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF \n BIODIESEL.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary shall initiate a study on the effects of the \nuse of biodiesel on engine durability.\n (b) Components.--The study under this section shall include--\n (1) an assessment of whether the use of biodiesel in \n conventional diesel engines lessens engine durability; and\n (2) an assessment of the effects referred to in subsection \n (a) with respect to biodiesel blends at varying concentrations, \n including the following percentage concentrations of biodiesel:\n (A) 5 percent biodiesel.\n (B) 10 percent biodiesel.\n (C) 20 percent biodiesel.\n (D) 30 percent biodiesel.\n (E) 100 percent biodiesel.\n (c) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary shall submit to the Committee on Science and \nTechnology of the House of Representatives the Committee on Energy and \nNatural Resources of the Senate a report that describes the results of \nthe study under this section, including any recommendations of the \nSecretary.\n\nSEC. 11. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF \n APPROPRIATION.\n\n (a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) \nis amended--\n (1) in subsection (b)--\n (A) at the end of paragraph (2) by striking \n ``and'';\n (B) at the end of paragraph (3) by striking the \n period and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(4) $963,000,000 for fiscal year 2010.''; and\n (2) in subsection (c)--\n (A) in paragraph (2), by striking ``$251,000,000'' \n and inserting ``$377,000,000'';\n (B) in paragraph (3), by striking ``$274,000,000'' \n and inserting ``$398,000,000''; and\n (C) by adding at the end the following new \n paragraph:\n ``(4) $419,000,000 for fiscal year 2010, of which \n $150,000,00 shall be for section 932(d).''.","summary":"Biofuels Research and Development Enhancement Act - Directs the Secretary of Energy to establish an information center on research, development, and commercial application of technologies related to biofuels and biorefineries, including: (1) biochemical and thermochemical conversion technologies to make fuels from lignocellulosic feedstocks, (2) biotechnology processes that emphasize enzyme-based processing systems. And (3) other advanced processes and technologies that will enable biofuel development. Amends the Energy Policy Act of 2005 to instruct the Secretary to implement a research, development, and demonstration program relating to: (1) existing transportation fuel distribution infrastructure and new alternative distribution infrastructure, focusing on the physical and chemical properties of biofuels and prevention of or mitigation against certain adverse impacts. (2) bioresearch centers located in Petroleum Administration for Defense Districts, with a focus on biofuels. And (3) increased energy efficiency and reduced energy consumption in biorefinery facilities. Directs the Secretary to make grants for research, development, demonstration, and commercial application of biofuel production technologies in states with low rates of ethanol production and of cellulosic biomass ethanol. Requires the Secretary to study and report to Congress on: (1) research and development challenges in increasing to 5 biodiesel fuel sold in the United States. (2) the feasibility of increasing domestic consumption of ethanol-blended gasoline with specified levels of ethanol. (3) whether optimizing flexible fueled vehicles to use E-85 fuel would increase their fuel efficiency, and (4) the effects of biodiesel upon engine durability.","title":"To enhance research, development, demonstration, and commercial application of biofuels related technologies, and for other purposes.","text_len":10707,"sum_len":1746} {"bill_id":"115_s2516","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alternatives to Opioids (ALTO) in \nthe Emergency Department Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Opioids contributed to the deaths of more than 42,000 \n people in 2016, more than any year on official record. Forty \n percent of all opioid overdose deaths involve a prescription \n opioid.\n (2) The economic burden of prescription opioid misuse in \n the United States is estimated to be $78,500,000,000 per year. \n This includes costs stemming from health care, including \n addiction treatment, lost productivity, and criminal justice \n involvement.\n (3) Over 200 million opioid prescriptions are written in \n the United States each year, and 2,000,000 Americans have the \n symptoms of substance use disorder.\n (4) Approximately 21 to 29 percent of patients prescribed \n opioids for chronic pain misuse them.\n (5) Emergency departments in several States, including in \n New Jersey and Colorado, have developed innovative programs to \n more widely utilize non-opioid pain treatments to reduce the \n use of opioids.\n\nSEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION \n PROGRAM.\n\n (a) Demonstration Program Grants.--The Secretary of Health and \nHuman Services acting through the Assistant Secretary for Mental Health \nand Substance Use (in this section referred to as the ``Secretary'') \nshall carry out a 3-year demonstration program under which the \nSecretary shall award grants to eligible hospitals and emergency \ndepartments, including freestanding emergency departments, to develop, \nimplement, enhance, or study alternative pain management protocols and \ntreatments that promote the appropriate limited use of opioids in \nemergency departments.\n (b) Eligibility.--To be eligible to receive a grant under \nsubsection (a), a hospital or emergency department shall submit an \napplication to the Secretary at such time, in such manner, and \ncontaining such information as the Secretary may require.\n (c) Geographic Diversity.--In awarding grants under this section, \nthe Secretary shall seek to ensure geographical diversity among grant \nrecipients.\n (d) Use of Funds.--In addition to the activities described in \nsubsection (a), grants under this section shall be used to--\n (1) target common painful conditions, which may include \n renal colic, sciatica, headaches, musculoskeletal pain, and \n extremity fractures;\n (2) train providers and other hospital personnel on \n protocols and use of treatments that promote the appropriate \n limited use of opioids in the emergency department;\n (3) collect data, including data required for the reporting \n requirement established under subsection (f); and\n (4) provide alternatives to opioids to patients with \n painful conditions, not including patients who present with \n pain related to cancer, end-of-life symptom palliation, or \n complex multisystem trauma.\n (e) Duties of the Secretary.--The Secretary shall offer to each \nrecipient of a grant under subsection (a) technical support through a \nprocess that provides for--\n (1) the provision of information by the Secretary on \n alternative pain management protocols and treatments, which may \n include--\n (A) non-opioid medications;\n (B) protocols and treatments that do not involve a \n medication;\n (C) alternative pain management protocols and \n treatments that are appropriate to use for specific \n common painful conditions, such as renal colic, back \n pain, pain from fractures, and other common painful \n conditions that present to the emergency department;\n (D) the alternative pain management protocol or \n treatments, if any, that are appropriate for certain \n patient populations, such as geriatric patients, \n pregnant patients, and pediatric patients; and\n (E) any other information the Secretary determines \n necessary; and\n (2) the provision of information by emergency departments \n and providers that have successfully implemented alternatives \n to opioids programs in the emergency department, promoting non-\n opioid protocols and medications while appropriately limiting \n the use of opioids.\n (f) Report to the Secretary.--Each recipient of a grant under this \nsection shall submit to the Secretary annual evaluations of the \nprogress of the program funded through the grant. These evaluations \nshall include--\n (1) a description of and specific information about the \n alternative pain management protocols and treatments employed;\n (2) data on the alternative pain management protocols and \n treatments employed, including--\n (A) during a baseline period before the program \n began, as defined by the Secretary;\n (B) at various stages of the program, as determined \n by the Secretary;\n (C) the conditions for which the alternative pain \n management protocols and treatments were employed; and\n (D) data on patients' self-reported pain rating, \n using a pain scale model provided by the Secretary, \n before and after the alternative pain management \n protocol or treatment was provided;\n (3) data on the opioid prescriptions written, including--\n (A) during a baseline period before the program \n began, as defined by the Secretary;\n (B) at various stages of the program, as determined \n by the Secretary;\n (C) the conditions for which the opioids were \n prescribed; and\n (D) data on patients' self-reported pain rating, \n using a pain scale model provided by the Secretary, \n before and after the opioid prescription was provided;\n (4) the demographic characteristics of patients who were \n treated with an alternative pain management protocol, including \n age, sex, race, ethnicity, and insurance status and type;\n (5) data on patients who were eventually prescribed opioids \n after alternative pain management protocols and treatments were \n employed;\n (6) data on patients who were transitioned to inpatient \n care following treatment with an alternative pain management \n protocol and treatment; and\n (7) any other information the Secretary deems necessary.\n (g) Report to Congress.--Not later than 120 days after completion \nof the demonstration program under this section, the Secretary shall \nsubmit a report to the Congress on the results of the demonstration \nprogram and include in the report--\n (1) the number of applications received and the number \n funded;\n (2) a summary of the evaluations described in subsection \n (f), including standardized data; and\n (3) recommendations for broader implementation of pain \n management protocols that limit the use of opioids in emergency \n departments or other areas of the health care delivery system.\n (h) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated $10,000,000 for each of fiscal \nyears 2019 through 2021.","summary":"Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requiresnbsp. The Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments.","title":"Alternatives to Opioids (ALTO) in the Emergency Department Act","text_len":7831,"sum_len":389} {"bill_id":"112_hr4219","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Protection Home Inspection \nCounseling Act of 2012''.\n\nSEC. 2. HOME INSPECTION COUNSELING.\n\n Section 1451 of the Dodd-Frank Wall Street Reform and Consumer \nProtection Act (12 U.S.C. 1701x-1) is amended--\n (1) in subsection (b)--\n (A) by striking the subsection designation and all \n that follows through ``Each'' and inserting the \n following:\n ``(b) Requirement for FHA-Approved Lenders.--\n ``(1) Requirement.--Each''; and\n (B) by adding at the end the following new \n paragraph:\n ``(2) Effective date; mortgagee letter.--Not later than the \n expiration of the 90-day period beginning upon the date of the \n enactment of the Consumer Protection Home Inspection Counseling \n Act of 2012, the Secretary shall publish a Mortgagee Letter \n informing mortgagees of their obligation under paragraph \n (1).'';\n (2) in subsection (c)--\n (A) by striking the subsection designation and all \n that follows through ``Each'' and inserting the \n following:\n ``(c) Requirements for HUD-Approved Counseling Agencies.--\n ``(1) Provision of materials.--Each'';\n (B) by striking ``subparagraphs (C) and (D) of''; \n and\n (C) by adding at the end the following new \n paragraphs:\n ``(2) Requirements for housing counselors.--Each person \n providing counseling for a housing counseling entity \n authorized, certified, or funded in whole or in part under \n section 106 of the Housing and Urban Development Act of 1968 \n (12 U.S.C. 1701x) shall be trained through the voluntary home \n inspection training module established pursuant to subsection \n (d), shall distribute the counseling aids to be developed under \n this section, and shall explain the materials specified in \n subsection (a)(1) and other aids and materials set forth in \n this section.\n ``(3) Requirements for homeownership counseling programs.--\n Any homeownership counseling program required under, or \n provided in connection with, any program administered by the \n Department of Housing and Urban Development shall be provided \n only by organizations or counselors certified by the Secretary \n pursuant to this section as competent to provide voluntary home \n inspection counseling.\n ``(4) Sanctions.--The Secretary may withhold, withdraw, or \n suspend housing counseling certifications for any housing \n counselor or counseling entity that fails to meet the \n requirements of this section.'';\n (3) in subsection (d)--\n (A) in paragraph (3), by striking ``and'' at the \n end;\n (B) in paragraph (4), by striking the period at the \n end and inserting ``; and'';\n (C) by redesignating paragraphs (1) through (4) (as \n so amended) as subparagraphs (A) through (D), \n respectively, and realigning such subparagraphs (as so \n redesignated) so as to be indented 4 ems from the left \n margin;\n (D) by striking the subsection designation and all \n that follows through ``shall include--'' and inserting \n the following:\n ``(d) Training.--\n ``(1) Establishment.--The Secretary shall establish a \n comprehensive program to train staff of the Department, \n contractors, individuals, and entities that provide housing \n counseling under programs authorized, certified, or funded \n under section 106 of the Housing and Urban Development Act of \n 1968 (12 U.S.C. 1701x) to also provide counseling to consumers \n on voluntary home inspection.\n ``(2) Requirements.--The training program established \n pursuant to this subsection shall include development of a \n training module to train counselors as well as counseling aids \n to be used by housing counselors and suitable for distribution \n to consumers. The training materials shall be written in plain \n language and shall be comprehensible to untrained consumers \n with or without ongoing assistance from housing counselors. \n Training provided under the program shall include--'';\n (E) in paragraph (2), as added by the amendment \n made by subparagraph (D) of this paragraph, by adding \n at the end the following new subparagraph:\n ``(E) Internet website references and information \n sufficient for counselors and homebuyers to locate and \n select a local professional home inspector.''; and\n (F) by adding at the end the following new \n paragraphs:\n ``(3) Content.--At a minimum, the home inspection \n counseling program established under this subsection, and the \n training module and counseling aids developed under this \n subsection, shall convey the following information:\n ``(A) That a home inspection in connection with \n purchase of a home is voluntary, but not mandatory, \n which means that the homebuyer must make a personal \n choice whether to obtain a home inspection.\n ``(B) That the Department of Housing and Urban \n Development recommends that homebuyers obtain a \n voluntary home inspection.\n ``(C) That a home inspection is an in-depth \n technical and objective examination of the physical \n structure and internal systems of the home, from the \n foundation to the roof, and should be performed by a \n trained and experienced professional home inspector.\n ``(D) That a home inspection is not required in the \n case of an FHA loan insured under title II of the \n National Housing Act (12 U.S.C. 1707 et seq.) and that \n a home inspection is not performed by FHA.\n ``(E) That in most cases, no home inspection will \n be performed unless the homebuyer requests one.\n ``(F) That it is the burden of the homebuyer to \n arrange for a home inspection if one is requested.\n ``(G) That an appraisal is not equivalent to a home \n inspection.\n ``(H) That if the homebuyer chooses to obtain a \n home inspection, it is generally to the homebuyer's \n benefit to do so as early as possible.\n ``(I) That the homebuyer may ask to make the \n transaction contingent on the outcome of the home \n inspection and that the homebuyer may realize \n substantial financial benefits from the home \n inspection, including from identifying possible repairs \n that could be performed and paid for by the seller \n prior to the closing.\n ``(J) That the homebuyer should consider requesting \n a voluntary home inspection.\n ``(4) Additional guidance materials.--The Secretary shall \n develop, in consultation with national professional home \n inspector associations, additional guidance materials to \n educate housing counselors on how to advise consumers how to \n locate, interview, and select a professional home inspector, \n and on how consumers may independently locate, interview, and \n select a professional home inspector. The Secretary shall \n require that these materials be made available to counselors \n providing housing counseling under the programs referred to in \n this section.''; and\n (4) by adding at the end the following new subsections:\n ``(e) Certification of Counselors.--\n ``(1) Protocol.--The Secretary shall, in the discretion of \n the Secretary, develop a new independent protocol, or amend \n existing protocols, to certify that housing counselors whose \n activities are authorized, certified, or funded in whole or in \n part under section 106 of the Housing and Urban Development Act \n of 1968 (12 U.S.C. 1701x) have successfully completed training \n using the voluntary home inspection training module and \n counseling aids established and developed pursuant to this \n section.\n ``(2) Standards for materials and forms.--The Secretary \n shall establish standards and requirements for voluntary home \n inspection counseling materials and forms to be used, as \n appropriate, by organizations providing voluntary home \n inspection counseling. Such standards shall conform with the \n content requirements under this section.\n ``(f) Report.--Not later than the expiration of the 12-month period \nbeginning upon the date of the enactment of the Consumer Protection \nHome Inspection Counseling Act of 2012, the Secretary shall submit a \nreport to the Congress describing the actions that have been undertaken \nto comply with this section, disclosing the actions that are required \nunder this section but have not at such time been addressed, assessing \nthe results of this section that have been achieved at such time, \nidentifying areas for improvement in the implementation of this \nsection, and making recommendations to enhance implementation of this \nsection.''.","summary":"Consumer Protection Home Inspection Counseling Act of 2012 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Secretary of Housing and Urban Development (HUD) to publish a Mortgagee Letter informing mortgagees of their obligation to provide prospective homebuyers with specified HUD public outreach publications concerning the importance of obtaining independent home inspections. Requires persons providing housing counseling for HUD-approved counseling agencies to: (1) be trained through a certain voluntary home inspection training module, and (2) distribute and explain certain counseling aids. Requires any homeownership counseling program under HUD auspices or administration to be provided only by organizations or counselors HUD-certified as competent to provide voluntary home inspection counseling. Authorizes HUD to withhold, withdraw, or suspend housing counseling certifications for any non-compliant housing counselor or counseling entity. Requires HUD to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires such training program to include development of a training module to: (1) train counselors as well as counseling aids for use by housing counselors and suitable for distribution to consumers. And (2) be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Requires HUD, at the Secretary's discretion, to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established under this Act.","title":"To amend section 1451 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to establish programs to provide counseling to homebuyers regarding voluntary home inspections and to train counselors to provide such counseling, and for other purposes.","text_len":9924,"sum_len":1835} {"bill_id":"113_s2076","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``U.S. Merchant Marine Academy Board \nof Visitors Enhancement Act''.\n\nSEC. 2. UNITED STATES MERCHANT MARINE ACADEMY BOARD OF VISITORS.\n\n Section 51312 of title 46, United States Code, is amended to read \nas follows:\n``Sec. 51312. Board of Visitors\n ``(a) In General.--A Board of Visitors to the United States \nMerchant Marine Academy (referred to in this section as the `Board' and \nthe `Academy', respectively) shall be established to provide \nindependent advice and recommendations on matters relating to the \nUnited States Merchant Marine Academy.\n ``(b) Appointment and Membership.--\n ``(1) In general.--Not later than 60 days after the date of \n the enactment of the U.S. Merchant Marine Academy Board of \n Visitors Enhancement Act, the Board shall be composed of--\n ``(A) 2 Senators appointed by the chairman, in \n consultation with the ranking member, of the Committee \n on Commerce, Science, and Transportation of the Senate;\n ``(B) 3 members of the House of Representatives \n appointed by the chairman, in consultation with the \n ranking member, of the Committee on Armed Services of \n the House of Representatives;\n ``(C) 1 Senator appointed by the Vice President, \n who shall be a member of the Committee on \n Appropriations of the Senate;\n ``(D) 2 members of the House of Representatives \n appointed by the Speaker of the House of \n Representatives, in consultation with the Minority \n Leader, at least 1 of whom shall be a member of the \n Committee on Appropriations of the House of \n Representatives;\n ``(E) the Commander of the Military Sealift \n Command;\n ``(F) the Assistant Commandant for Prevention \n Policy of the United States Coast Guard;\n ``(G) 4 individuals appointed by the President; and\n ``(H) as ex officio members--\n ``(i) the chairman of the Committee on \n Commerce, Science, and Transportation of the \n Senate;\n ``(ii) the chairman of the Committee on \n Armed Services of the House of Representatives;\n ``(iii) the chairman of the Advisory Board \n to the Academy established under section 51313; \n and\n ``(iv) the member of the House of \n Representatives in whose congressional district \n the Academy is located, as a non-voting member, \n unless such member of the House of \n Representatives is appointed as a voting member \n of the Board under subparagraph (B) or (D).\n ``(2) Presidential appointees.--Of the individuals \n appointed by the President under paragraph (1)(H)--\n ``(A) at least 2 shall be graduates of the Academy;\n ``(B) at least 1 shall be a senior corporate \n officer from a United States maritime shipping company \n that participates in the Maritime Security Program, or \n in any Maritime Administration program providing \n incentives for companies to register their vessels in \n the United States, and this appointment shall rotate \n biennially among such companies; and\n ``(C) 1 or more may be a Senate-confirmed \n Presidential appointee, a member of the Senior \n Executive Service, or an officer of flag-rank who from \n the United States Coast Guard, the National Oceanic and \n Atmospheric Administration, or any of the military \n services that commission graduates of the Academy, \n exclusive of the Board members described in \n subparagraph (E), (F), or (G) of paragraph (1).\n ``(3) Term of service.--Each member of the Board shall \n serve for a term of 2 years commencing at the beginning of each \n Congress, except that any member whose term on the Board has \n expired shall continue to serve until a successor is \n designated.\n ``(4) Vacancies.--If a member of the Board is no longer \n able to serve on the Board or resigns, the Designated Federal \n Officer selected under subsection (g)(2) shall immediately \n notify the official who appointed such member. Not later than \n 60 days after that notification, such official shall designate \n a replacement to serve the remainder of such member's term.\n ``(5) Current members.--Each member of the Board serving as \n a member of the Board on the date of the enactment of the U.S. \n Merchant Marine Academy Board of Visitors Enhancement Act shall \n continue to serve on the Board for the remainder of such \n member's term.\n ``(6) Designation and responsibility of substitute board \n members.--\n ``(A) Authority to designate.--A member of the \n Board described in subparagraph (E), (F), or (G) of \n paragraph (1) or subparagraph (B) or (C) of paragraph \n (2) may, if unable to attend or participate in an \n activity described in subsection (d), (e), or (f), \n designate another individual to serve as a substitute \n member of the Board, on a temporary basis, to attend or \n participate in such activity.\n ``(B) Requirements.--A substitute member of the \n Board designated under subparagraph (A) shall be--\n ``(i) an individual who has been appointed \n by the President and confirmed by the Senate;\n ``(ii) a member of the Senior Executive \n Service; or\n ``(iii) an officer of flag-rank who is \n employed by--\n ``(I) the United States Coast \n Guard; or\n ``(II) the Military Sealift \n Command.\n ``(C) Participation.--A substitute member of the \n Board designated under subparagraph (A)--\n ``(i) shall be permitted to fully \n participate in the proceedings and activities \n of the Board;\n ``(ii) shall report back to the member on \n the Board's activities not later than 15 days \n following the substitute member's participation \n in such activities; and\n ``(iii) shall be permitted to participate \n in the preparation of reports described in \n paragraph (j) related to any proceedings or \n activities of the Board in which such \n substitute member participates.\n ``(c) Chairperson.--\n ``(1) In general.--On a biennial basis, the Board shall \n select from among its members, a member of the House of \n Representatives or a Senator to serve as the Chairperson.\n ``(2) Rotation.--A member of the House of Representatives \n and a member of the Senate shall alternately serve as the Chair \n of the Board on a biennial basis.\n ``(3) Term.--An individual may not serve as Chairperson for \n more than 1 consecutive term.\n ``(d) Meetings.--\n ``(1) In general.--The Board shall meet several times each \n year as provided for in the Charter described in paragraph \n (2)(B), including at least 1 meeting held at the Academy.\n ``(2) Selection and consideration.--Not later than 60 days \n after the date of the enactment of the U.S. Merchant Marine \n Academy Board of Visitors Enhancement Act, the Designated \n Federal Officer selected under subsection (g)(2) shall organize \n a meeting of the Board for the purposes of--\n ``(A) selecting a Chairperson; and\n ``(B) considering an official Charter for the \n Board, which shall provide for the meeting of the Board \n several times each year.\n ``(e) Visiting the Academy.--\n ``(1) Annual visit.--The Board shall visit the Academy \n annually on a date selected by the Board, in consultation with \n the Secretary of Transportation and the Superintendent of the \n Academy.\n ``(2) Other visits.--In cooperation with the \n Superintendent, the Board or its members may make other visits \n to the Academy in connection with the duties of the Board.\n ``(3) Access.--While visiting the Academy under this \n subsection, members of the Board shall have reasonable access \n to the grounds, facilities, midshipmen, faculty, staff, and \n other personnel of the Academy for the purpose of carrying out \n the duties of the Board.\n ``(f) Responsibility.--The Board shall inquire into the state of \nmorale and discipline, the curriculum, instruction, physical equipment, \nfiscal affairs, academic methods, and other matters relating to the \nAcademy that the Board decides to consider.\n ``(g) Department of Transportation Support.--The Secretary of \nTransportation shall--\n ``(1) provide support as deemed necessary by the Board for \n the performance of the Board's functions;\n ``(2) not later than 30 days after the date of the \n enactment of the U.S. Merchant Marine Academy Board of Visitors \n Enhancement Act, select a Designated Federal Officer to support \n the performance of the Board's functions; and\n ``(3) in cooperation with the Maritime Administrator and \n the Superintendent of the Academy, advise the Board of any \n institutional issues, consistent with applicable laws \n concerning the disclosure of information.\n ``(h) Staff.--Staff members may be designated to serve without \nreimbursement as staff for the Board by--\n ``(1) the Chairperson of the Board;\n ``(2) the chairman of the Committee on Commerce, Science, \n and Transportation of the Senate; and\n ``(3) the chairman of the Committee on Armed Services of \n the House of Representatives.\n ``(i) Travel Expenses.--While serving away from home or regular \nplace of business, a member of the Board or a staff member designated \nunder subsection (h) shall be allowed travel expenses, including per \ndiem in lieu of subsistence, as authorized under section 5703 of title \n5, United States Code.\n ``(j) Reports.--\n ``(1) Annual report.--Not later than 60 days after each \n annual visit required under subsection (e)(1), the Board shall \n submit to the President a written report of its actions, views, \n and recommendations pertaining to the Academy.\n ``(2) Other reports.--If the members of the Board visit the \n Academy under subsection (e)(2), the Board may--\n ``(A) prepare a report on such visit; and\n ``(B) if approved by a majority of the members of \n the Board, submit such report to the President not \n later than 60 days after the date of the approval.\n ``(3) Advisors.--The Board may call in advisers--\n ``(A) for consultation regarding the execution of \n the Board's responsibility under subsection (f); or\n ``(B) to assist in the preparation of a report \n described in paragraph (1) or (2).\n ``(4) Submission.--A report submitted to the President \n under paragraph (1) or (2) shall be concurrently submitted to--\n ``(A) the Secretary of Transportation;\n ``(B) the Committee on Commerce, Science, and \n Transportation of the Senate; and\n ``(C) the Committee on Armed Services of the House \n of Representatives.''.\n\n Passed the Senate June 26, 2014.\n\n Attest:\n\n NANCY ERICKSON,\n\n Secretary.","summary":"US Merchant Marine Academy Board of Visitors Enhancement Act - Amends federal shipping law to: (1) expand the membership of the Board of Visitors to the U. S. Merchant Marine Academy, and (2) specify requirements for the presidential appointees. Authorizes certain Board members to designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in any activity the Board member is unable to attend or participate in. Prescribes requirements for designated substitute Board members. Requires the Board to select biennially from among its members a member of the House of Representatives or a Senator to serve as Board Chairperson. Directs the Secretary of Transportation (DOT) to select a Designated Federal Officer to support the performance of the Board's functions. Directs the Board to report annually to the President on its actions, views, and recommendations with respect to the Academy.","title":"U.S. Merchant Marine Academy Board of Visitors Enhancement Act","text_len":12927,"sum_len":952} {"bill_id":"103_hr4373","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security COLA Limitation Act \nof 1994''.\n\nSEC. 2. LIMITATIONS ON COST-OF-LIVING ADJUSTMENTS.\n\n (a) In General.--\n (1) Reduction in increases applied to higher primary \n insurance amounts.--Section 215(i)(2)(A) of the Social Security \n Act (42 U.S.C. 415(i)(2)(A)) is amended--\n (A) by redesignating clause (iii) as clause (vii); \n and\n (B) in clause (ii), by striking ``The increase \n shall'' in the matter following subclause (III) and all \n that follows through ``Any increase'' and inserting the \n following:\n ``(iii) With respect to the amounts described in subclauses (I) and \n(III) of clause (ii), the increase shall be derived by multiplying each \nof such amounts (including each of those amounts as previously \nincreased under this subparagraph) by the applicable increase \npercentage.\n ``(iv) With respect to primary insurance amounts described in \nsubclause (II) of clause (ii), the increase shall be derived by--\n ``(I) multiplying each of such amounts (including each such \n amount as previously increased under this subparagraph) by the \n applicable increase percentage,\n ``(II) determining among all such amounts as increased \n under subclause (I) the greatest primary insurance amount which \n is below the 20th percentile of such amounts, and\n ``(III) reducing each primary insurance amount as increased \n under subclause (I) to the sum of such amount determined as if \n there had been no reduction in such amount under this subclause \n in any preceding year and the amount of the increase under \n subclause (I) in the primary insurance amount described in \n subclause (II).\n ``(v) Any amount increased under clause (iii) or clause (iv) which \nis not a multiple of $0.10 shall be decreased to the next lower \nmultiple of $0.10.\n ``(vi) Any increase''.\n (2) Conforming amendment.--The last sentence of section \n 215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in \n subclause (I), by striking ``clause (iii) of subsection \n (i)(2)(A)'' and inserting ``clause (vii) of subsection \n (i)(2)(A)''.\n (b) Conforming Amendments To Maintain Current Levels of Cost-of-\nLiving Adjustment Under Other Programs.--\n (1) Supplemental security income for the aged, blind, and \n disabled.--Section 1617(a)(2) of the Social Security Act (42 \n U.S.C. 1382f(a)(2)) is amended by striking ``by the same \n percentage'' and all that follows through ``percentage,'' and \n inserting the following: ``by the applicable increase \n percentage (within the meaning of section 215(i)(1)(C)) used in \n determining the amount by which benefit amounts under title II \n are increased for such month''.\n (2) Supplementary medical insurance.--Section 1839(a)(3)(B) \n of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking \n ``by a percentage'' and all that follows through ``November 1'' \n and inserting the following: ``by the applicable increase \n percentage (within the meaning of section 215(i)(1)(C)) used in \n determining the amount by which benefit amounts under title II \n are increased for the month of December preceding the year of \n the promulgation''.\n (3) Certain veteran's benefits.--Section 3112 of title 38, \n United States Code, is amended--\n (A) in subsection (a), by striking ``by the same \n percentage by which such benefit amounts are \n increased'' and inserting ``by the applicable increase \n percentage (within the meaning of section 215(i)(1)(C) \n of such Act) used in determining the amount by which \n such benefit amounts are increased''; and\n (B) in subsection (b)(1), by striking ``by the same \n percentage as the percentage by which such benefit \n amounts are increased'' and inserting ``by the \n applicable increase percentage (within the meaning of \n section 215(i)(1)(C) of such Act) used in determining \n the amount by which such benefit amounts are \n increased''.\n (4) Cost-of-living adjustments to limitations on benefits \n and contributions under qualified plans.--Subsection (d) of \n section 415 of the Internal Revenue Code of 1986 (relating to \n cost-of-living adjustments) is amended by striking ``section \n 215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iii)''.\n (c) Amendment to Prior Applicable Law.--Section 215(i)(4) of the \nSocial Security Act (42 U.S.C. 415(i)(4)) is amended by adding at the \nend the following new sentence: ``The Secretary shall provide by \nregulation for the continued application of this subsection as in \neffect in December 1978 as provided by the preceding provisions of this \nparagraph and the amendments referred to therein. Such regulations \nshall provide for the application of the amendments to the preceding \nprovisions of this subsection made by section 2 of the Social Security \nSolvency Enhancement Act of 1994 so as to have the same effect on the \ncorresponding provisions of this subsection as in effect in December \n1978 and applicable in accordance with this paragraph.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to \nadjustments under section 215(i) of the Social Security Act effective \nwith months after November 1994.","summary":"Social Security COLA Limitation Act of 1994 - Amends title II of the Social Security Act to establish a flat-rate cost-of-living adjustment.","title":"Social Security COLA Limitation Act of 1994","text_len":5774,"sum_len":140} {"bill_id":"109_hr6399","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Public Health \nProtections in Major Disasters and Emergencies Act''.\n\nSEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER \n AREA.\n\n Title IV of the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act is amended by inserting after section 408 (42 U.S.C. \n5174) the following:\n\n``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER \n AREA.\n\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Individual.--The term `individual' includes--\n ``(A) a worker or volunteer who responded to \n Hurricane Katrina or Hurricane Rita or responds to a \n major disaster or emergency, including--\n ``(i) a police officer;\n ``(ii) a firefighter;\n ``(iii) an emergency medical technician;\n ``(iv) any participating member of an urban \n search and rescue team; and\n ``(v) any other relief or rescue worker or \n volunteer that the President determines to be \n appropriate;\n ``(B) a worker who responds to a disaster by \n assisting in the cleanup or restoration of critical \n infrastructure in and around a disaster area;\n ``(C) a person whose place of residence is in a \n disaster area;\n ``(D) a person who is employed in or attends \n school, child care, or adult day care in a building \n located in a disaster area; and\n ``(E) any other person that the President \n determines to be appropriate.\n ``(2) Medical institution.--The term `medical institution' \n includes a hospital facility (as such term is defined in \n section 391 of the Energy Policy Conservation Act (42 U.S.C. \n 6371) and an accredited public or nonprofit school of medicine.\n ``(3) Program.--The term `program' means a program \n described in subsection (b) that is carried out for a disaster \n area.\n ``(4) Substance of concern.--The term `substance of \n concern' means a chemical or other substance that is associated \n with potential acute or chronic human health effects, the risk \n of exposure to which could potentially be increased as the \n result of a disaster, as determined by the President.\n ``(b) Program.--\n ``(1) In general.--If the President determines that 1 or \n more substances of concern are being, or have been, released in \n an area declared to be a major disaster area under this Act, \n the President may carry out a program for the protection, \n assessment, monitoring, and study of the health and safety of \n individuals to ensure that--\n ``(A) the individuals are adequately informed about \n and protected against potential health impacts of any \n substance of concern and potential mental health \n impacts in a timely manner;\n ``(B) the individuals are monitored and studied \n over time, including through baseline and follow-up \n clinical health examinations, for--\n ``(i) any short- and long-term health \n impacts of any substance of concern; and\n ``(ii) any mental health impacts;\n ``(C) the individuals receive health care referrals \n as needed and appropriate; and\n ``(D) information from any such monitoring and \n studies is used to prevent or protect against similar \n health impacts from future disasters.\n ``(2) Activities.--A program under paragraph (1) may \n include such activities as--\n ``(A) collecting and analyzing environmental \n exposure data;\n ``(B) developing and disseminating information and \n educational materials;\n ``(C) performing baseline and follow-up clinical \n health and mental health examinations and taking \n biological samples;\n ``(D) establishing and maintaining an exposure \n registry;\n ``(E) studying the short- and long-term human \n health impacts of any exposures through epidemiological \n and other health studies; and\n ``(F) providing assistance to individuals in \n determining eligibility for health coverage and \n identifying appropriate health services.\n ``(3) Timing.--To the maximum extent practicable, \n activities under any program established under paragraph (1) \n (including baseline health examinations) shall be commenced in \n a timely manner that will ensure the highest level of public \n health protection and effective monitoring.\n ``(4) Participation in registries and studies.--\n ``(A) In general.--Participation in any registry or \n study that is part of a program under paragraph (1) \n shall be voluntary.\n ``(B) Protection of privacy.--The President shall \n take appropriate measures to protect the privacy of any \n participant in a registry or study described in \n subparagraph (A).\n ``(5) Cooperative agreements.--\n ``(A) In general.--The President may carry out a \n program under paragraph (1) through a cooperative \n agreement with a medical institution, including a local \n health department, or a consortium of medical \n institutions.\n ``(B) Selection criteria.--To the maximum extent \n practicable, the President shall select to carry out a \n program under paragraph (1) a medical institution or a \n consortium of medical institutions that--\n ``(i) is located near--\n ``(I) the disaster area with \n respect to which the program is carried \n out; and\n ``(II) any other area in which \n there reside groups of individuals that \n worked or volunteered in response to \n the disaster; and\n ``(ii) has appropriate experience in the \n areas of environmental or occupational health, \n toxicology, and safety, including experience \n in--\n ``(I) developing clinical protocols \n and conducting clinical health \n examinations, including mental health \n assessments;\n ``(II) conducting long-term health \n monitoring and epidemiological studies;\n ``(III) conducting long-term mental \n health studies; and\n ``(IV) establishing and maintaining \n medical surveillance programs and \n environmental exposure or disease \n registries.\n ``(6) Involvement.--\n ``(A) In general.--In establishing and maintaining \n a program under paragraph (1), the President shall \n involve interested and affected parties, as \n appropriate, including representatives of--\n ``(i) Federal, State, and local government \n agencies;\n ``(ii) groups of individuals that worked or \n volunteered in response to the disaster in the \n disaster area;\n ``(iii) local residents, businesses, and \n schools (including parents and teachers);\n ``(iv) health care providers; and\n ``(v) other organizations and persons.\n ``(B) Committees.--Involvement under subparagraph \n (A) may be provided through the establishment of an \n advisory or oversight committee or board.\n ``(7) Privacy.--The President shall carry out each program \n under paragraph (1) in accordance with regulations relating to \n privacy promulgated under section 264(c) of the Health \n Insurance Portability and Accountability Act of 1996 (42 U.S.C. \n 11320d-2 note; Public Law 104-191).\n ``(c) Reports.--Not later than 1 year after the establishment of a \nprogram under subsection (b)(1), and every 5 years thereafter, the \nPresident, or the medical institution or consortium of such \ninstitutions having entered into a cooperative agreement under \nsubsection (b)(5), shall submit to the Secretary of Homeland Security, \nthe Secretary of Health and Human Services, the Secretary of Labor, the \nAdministrator of the Environmental Protection Agency, and appropriate \ncommittees of Congress a report on programs and studies carried out \nunder the program.''.\n\nSEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND \n RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION \n AND MONITORING.\n\n (a) In General.--The Secretary of Homeland Security, the Secretary \nof Health and Human Services, and the Administrator of the \nEnvironmental Protection Agency shall jointly enter into a contract \nwith the National Academy of Sciences to conduct a study and prepare a \nreport on disaster area health and environmental protection and \nmonitoring.\n (b) Expertise.--The report under subsection (a) shall be prepared \nwith the participation of individuals who have expertise in--\n (1) environmental health, safety, and medicine;\n (2) occupational health, safety, and medicine;\n (3) clinical medicine, including pediatrics;\n (4) toxicology;\n (5) epidemiology;\n (6) mental health;\n (7) medical monitoring and surveillance;\n (8) environmental monitoring and surveillance;\n (9) environmental and industrial hygiene;\n (10) emergency planning and preparedness;\n (11) public outreach and education;\n (12) State and local health departments;\n (13) State and local environmental protection departments;\n (14) functions of workers that respond to disasters, \n including first responders;\n (15) public health and family services;\n (16) environmental justice; and\n (17) health and health care disparities.\n (c) Contents.--The report under subsection (a) shall provide advice \nand recommendations regarding protecting and monitoring the health and \nsafety of individuals potentially exposed to any chemical or other \nsubstance associated with potential acute or chronic human health \neffects as the result of a disaster, including advice and \nrecommendations regarding--\n (1) the establishment of protocols for the monitoring of \n and response to chemical or substance releases in a disaster \n area for the purpose of protecting public health and safety, \n including--\n (A) chemicals or other substances for which samples \n should be collected in the event of a disaster, \n including a terrorist attack;\n (B) chemical- or substance-specific methods of \n sample collection, including sampling methodologies and \n locations;\n (C) chemical- or substance-specific methods of \n sample analysis;\n (D) health-based threshold levels to be used and \n response actions to be taken in the event that \n thresholds are exceeded for individual chemicals or \n other substances;\n (E) procedures for providing monitoring results \n to--\n (i) appropriate Federal, State, and local \n government agencies;\n (ii) appropriate response personnel; and\n (iii) the public;.\n (F) responsibilities of Federal, State and local \n agencies for--\n (i) collecting and analyzing samples;\n (ii) reporting results; and\n (iii) taking appropriate response actions; \n and\n (G) capabilities and capacity within the Federal \n Government to conduct appropriate environmental \n monitoring and response in the event of a disaster, \n including a terrorist attack; and\n (2) other issues as specified by the Secretary of Homeland \n Security, the Secretary of Health and Human Services, and the \n Administrator of the Environmental Protection Agency.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.\n\nSEC. 4. PREDISASTER HAZARD MITIGATION.\n\n Section 203(m) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking \n``December 31, 2008'' and inserting ``September 30, 2010''.\n\nSEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS.\n\n Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. \n300w-3(a)(1)) is amended--\n (1) in subparagraph (G)--\n (A) by striking ``through (F)'' and inserting \n ``through (G)''; and\n (B) by redesignating such subparagraph as \n subparagraph (H); and\n (2) by inserting after subparagraph (F), the following:\n ``(G) Community outreach and education programs and \n other activities designed to address and prevent health \n and health care disparities.''.","summary":"Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring. Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program. And (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities.","title":"To provide services to certain volunteers and workers.","text_len":14842,"sum_len":1899} {"bill_id":"115_hr1444","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voluntary Protection Program Act''.\n\nSEC. 2. VOLUNTARY PROTECTION PROGRAM.\n\n (a) Cooperative Agreements.--The Secretary of Labor shall establish \na program of entering into cooperative agreements with employers to \nencourage the establishment of comprehensive safety and health \nmanagement systems that include--\n (1) requirements for systematic assessment of hazards;\n (2) comprehensive hazard prevention, mitigation, and \n control programs;\n (3) active and meaningful management and employee \n participation in the voluntary program described in subsection \n (b); and\n (4) employee safety and health training.\n (b) Voluntary Protection Program.--\n (1) In general.--The Secretary of Labor shall establish and \n carry out a voluntary protection program (consistent with \n subsection (a)) to encourage excellence and recognize the \n achievement of excellence in both the technical and managerial \n protection of employees from occupational hazards.\n (2) Program requirements.--The voluntary protection program \n shall include the following:\n (A) Application.--Employers who volunteer under the \n program shall be required to submit an application to \n the Secretary of Labor demonstrating that the worksite \n with respect to which the application is made meets \n such requirements as the Secretary of Labor may require \n for participation in the program.\n (B) Onsite evaluations.--There shall be onsite \n evaluations by representatives of the Secretary of \n Labor to ensure a high level of protection of \n employees. The onsite visits shall not result in \n enforcement of citations under the Occupational Safety \n and Health Act of 1970 (29 U.S.C. 651 et seq.).\n (C) Information.--Employers who are approved by the \n Secretary of Labor for participation in the program \n shall assure the Secretary of Labor that information \n about the safety and health program shall be made \n readily available to the Secretary of Labor to share \n with employees.\n (D) Reevaluations.--Periodic reevaluations by the \n Secretary of Labor of the employers shall be required \n for continued participation in the program.\n (3) Monitoring.--To ensure proper controls and measurement \n of program performance for the voluntary protection program \n under this section, the Secretary of Labor shall direct the \n Assistant Secretary of Labor for Occupational Safety and Health \n to take the following actions:\n (A) Develop a documentation policy regarding \n information on follow-up actions taken by the regional \n offices of the Occupational Safety and Health \n Administration in response to fatalities and serious \n injuries at worksites participating in the voluntary \n protection program.\n (B) Establish internal controls that ensure \n consistent compliance by the regional offices of the \n Occupational Safety and Health Administration with the \n voluntary protection program policies of the \n Occupational Safety and Health Administration for \n conducting onsite reviews and monitoring injury and \n illness rates, to ensure that only qualified worksites \n participate in the program.\n (C) Establish a system for monitoring the \n performance of the voluntary protection program by \n developing specific performance goals and measures for \n the program.\n (4) Exemptions.--A site with respect to which a voluntary \n protection program has been approved shall, during \n participation in the program, be exempt from inspections or \n investigations and certain paperwork requirements to be \n determined by the Secretary of Labor, except that this \n paragraph shall not apply to inspections or investigations \n arising from employee complaints, fatalities, catastrophes, or \n significant toxic releases.\n (5) No payments required.--The Secretary of Labor shall not \n require any form of payment for an employer to qualify or \n participate in the voluntary protection program.\n (c) Transition.--The Secretary of Labor shall take such steps as \nmay be necessary for the orderly transition from the cooperative \nagreements and voluntary protection programs carried out by the \nOccupational Safety and Health Administration as of the day before the \ndate of enactment of this Act, to the cooperative agreements and \nvoluntary protection program authorized under this section. In making \nsuch transition, the Secretary shall ensure that--\n (1) the voluntary protection program authorized under this \n section is based upon and consistent with the voluntary \n protection programs carried out on the day before the date of \n enactment of this Act; and\n (2) each employer that, as of the day before the date of \n enactment of this Act, had an active cooperative agreement \n under the voluntary protection programs carried out by the \n Occupational Safety and Health Administration and was in good \n standing with respect to the duties and responsibilities under \n such agreement, shall have the option to continue participating \n in the voluntary protection program authorized under this \n section.\n (d) Regulations and Implementation.--Not later than 2 years after \nthe date of enactment of this Act, the Secretary of Labor shall issue \nfinal regulations for the voluntary protection program authorized under \nthis section and shall begin implementation of the program.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act such \nsums as may be necessary.","summary":"Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.","title":"Voluntary Protection Program Act","text_len":6399,"sum_len":331} {"bill_id":"104_hr446","text":"SECTION 1. CHILD WELFARE SERVICES.\n\n Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is \namended--\n (1) by striking ``and'' at the end of paragraph (9);\n (2) by striking the period at the end of paragraph (10) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(11) provide that--\n ``(A) the State shall not require any parent or \n legal guardian to transfer custody of a child in order \n to have the child placed outside the home of the parent \n or legal guardian, if the sole reason for the placement \n is the need to obtain services provided under the plan \n for the child's emotional, behavioral, or mental \n disorder or developmental or physical disability;\n ``(B) any such placement of a child shall be made \n pursuant to a voluntary placement agreement (as defined \n in section 472(f)(2));\n ``(C) the State shall have responsibility for the \n placement of any child subject to a voluntary placement \n agreement (as so defined), and for the care of any \n child so placed; and\n ``(D) the State shall apply procedural safeguards \n to assure each child so placed of dispositional \n hearings of the type, and at the times, specified in \n section 475(5)(C).''.\n\nSEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES.\n\n (a) In General.--Section 432(a) of the Social Security Act (42 \nU.S.C. 632(a)) is amended by redesignating paragraphs (6), (7), and (8) \nas paragraphs (7), (8), and (9), respectively, and by inserting after \nparagraph (5) the following:\n ``(6) provides that--\n ``(A) the State shall not require any parent or \n legal guardian to transfer custody of a child in order \n to have the child placed outside the home of the parent \n or legal guardian, if the sole reason for the placement \n is the need to obtain services provided through the \n State program under this subpart for the child's \n emotional, behavioral, or mental disorder or \n developmental or physical disability;\n ``(B) any such placement of a child shall be made \n pursuant to a voluntary placement agreement (as defined \n in section 472(f)(2)); and\n ``(C) the State shall have responsibility for the \n placement of any child subject to a voluntary placement \n agreement (as so defined), and for the care of any \n child so placed; and\n ``(D) the State shall apply procedural safeguards \n to assure each child so placed of dispositional \n hearings of the type, and at the times, specified in \n section 475(5)(C);''.\n (b) Conforming Amendment.--Section 432(b)(2)(A) of such Act (42 \nU.S.C. 632(b)(2)(A)) is amended by inserting ``(other than of \nsubsection (a)(6))'' after ``this section''.\n\nSEC. 3. FOSTER CARE MAINTENANCE PAYMENTS.\n\n (a) In General.--Section 471(a) of the Social Security Act (42 \nU.S.C. 671(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (16);\n (2) by striking the period at the end of paragraph (17) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(18) provides that--\n ``(A) the State shall not require any parent or \n legal guardian to transfer custody of a child in order \n to have the child placed outside the home of the parent \n or legal guardian, if the sole reason for the placement \n is the need to obtain foster care maintenance payments \n for the child;\n ``(B) any such placement of a child shall be made \n pursuant to a voluntary placement agreement; and\n ``(C) the State shall have responsibility for the \n placement of any child subject to a voluntary placement \n agreement, and for the care of any child so placed.''.\n (b) Modification of Voluntary Placement Agreements.--Section \n472(f)(2) of such Act (42 U.S.C. 672(f)(2)) is amended--\n (1) by inserting ``legal'' before ``guardians'' each place \n such term appears; and\n (2) by inserting ``, and which does not transfer legal \n custody of the child to the State'' before the period.\n (c) Rule of Construction.--Section 474 of such Act (42 U.S.C. 674) \nis amended by adding at the end the following:\n ``(d) The provisions of this part, individually or in combination, \nshall not be construed to require a State to have legal custody of a \nchild in order to receive payments under this part for services \nprovided for the child outside the child's home.''.\n\nSEC. 4. MATERNAL AND CHILD HEALTH SERVICES.\n\n Section 505(a) of the Social Security Act (42 U.S.C. 705(a)) is \namended--\n (1) in paragraph (4), by striking ``and'' after the \n semicolon at the end;\n (2) in paragraph (5), by striking the period at the end and \n inserting ``; and''; and\n (3) by inserting after paragraph (5) the following \n paragraph:\n ``(6) provides that--\n ``(A) the State shall not require any parent or \n legal guardian to transfer custody of a child in order \n to have the child placed outside the home of the parent \n or legal guardian, if the sole reason for the placement \n is the need to obtain services provided through the \n State under this title for the child's emotional, \n behavioral, or mental disorder or developmental or \n physical disability;\n ``(B) any such placement of a child shall be made \n pursuant to a voluntary placement agreement (as defined \n in section 472(f)(2));\n ``(C) the State shall have responsibility for the \n placement of any child subject to a voluntary placement \n agreement (as so defined), and for the care of any \n child so placed; and\n ``(D) the State shall apply procedural safeguards \n to assure each child so placed of dispositional \n hearings of the type, and at the times, specified in \n section 475(5)(C).''.\n\nSEC. 5. MEDICAID.\n\n Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is \namended--\n (1) by striking ``and'' at the end of paragraph (61);\n (2) by striking the period at the end of paragraph (62) and \n inserting ``; and''; and\n (3) by inserting after paragraph (62) the following new \n paragraph:\n ``(63) provide that the State agency shall provide \n assurances satisfactory to the Secretary that--\n ``(A) the State does not require any parent or \n legal guardian to transfer custody of a child in order \n to have the child placed outside the home of the parent \n or legal guardian, if the sole reason for the placement \n is the need to obtain medical assistance for the child \n under the State plan for the child's emotional, \n behavioral, or mental disorder or developmental or \n physical disability;\n ``(B) any such placement of a child shall be made \n pursuant to a voluntary placement agreement (as defined \n in section 472(f)(2));\n ``(C) the State shall have responsibility for the \n placement of any child subject to a voluntary placement \n agreement (as so defined), and for the care of any \n child so placed; and\n ``(D) the State shall apply procedural safeguards \n to assure each child so placed of dispositional \n hearings of the type, and at the times, specified in \n section 475(5)(C).''.\n\nSEC. 6. SOCIAL SERVICES.\n\n Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is \namended by adding at the end the following:\n\n``SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS TO SURRENDER CUSTODY \n OF THEIR CHILDREN IN ORDER TO OBTAIN SERVICES FOR SUCH \n CHILDREN.\n\n ``The Secretary shall not make any payment to a State under this \ntitle if the State does not have in effect laws and procedures which--\n ``(1) prevent the State from requiring any parent or legal \n guardian to transfer custody of a child in order to have the \n child placed outside the home of the parent or legal guardian, \n if the sole reason for the placement is the need to obtain any \n service for the child for the child's emotional, behavioral, or \n mental disorder or developmental or physical disability, which \n is furnished in whole or in part through the use of funds \n provided under this title;\n ``(2) any such placement of a child shall be made pursuant \n to a voluntary placement agreement (as defined in section \n 472(f)(2));\n ``(3) the State shall have responsibility for the placement \n of any child subject to a voluntary placement agreement (as so \n defined), and for the care of any child so placed; and\n ``(4) the State shall apply procedural safeguards to assure \n each child so placed of dispositional hearings of the type, and \n at the times, specified in section 475(5)(C).''.\n\nSEC. 7. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on October 1, \n1995.","summary":"Amends the Social Security Act to prohibit States from requiring parents or legal guardians to transfer legal custody of their children for the sole purpose of obtaining public services for such children under certain provisions for: (1) child welfare services, (2) family preservation and support services, (3) foster care maintenance payments, (4) maternal and child health services, (5) Medicaid, and (6) block grants to States for social services.","title":"To prohibit States from requiring parents or legal guardians to transfer legal custody of their children for the sole purpose of obtaining public services for such children.","text_len":10120,"sum_len":451} {"bill_id":"115_hr4539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Plymouth 400th Anniversary \nCommemorative Coin Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the arrival of the Pilgrims in Massachusetts in 1620 is \n an important landmark event in the history of the United \n States;\n (2) the United States is poised for an anniversary of \n national and international significance, in 2020 with the 400th \n anniversary of the Mayflower's voyage, signing of the Mayflower \n Compact, and the founding of Plymouth Colony;\n (3) the Plymouth 400th anniversary will highlight the \n cultural contributions and United States traditions that began \n with the interaction of the indigenous Wampanoag and English \n peoples, a story that significantly shaped the building of the \n United States;\n (4) the settlers, now known as the Pilgrims, and their ship \n the Mayflower, have come to represent national and \n international symbols of freedom and law;\n (5) the indigenous Wampanoag people, and their interaction \n with the Pilgrims, created an important legacy through their \n assistance and association, including participation in the \n first shared harvest, which serves as an indelible iconic \n moment in United States history;\n (6) the ``Mayflower Compact'', signed near Provincetown \n before the Pilgrims explored Provincetown and Cape Cod and \n subsequently landed in Plymouth, was the colonial cornerstone \n for self-governance in the New World and had a profound \n influence on later developments related to the Constitution of \n the United States and the Bill of Rights;\n (7) the story of the Wampanoag people, the Pilgrims, and \n the Mayflower are iconic symbols for the world representing \n freedom, family, law, and justice;\n (8) today, people from across the 50 States and around the \n world visit Massachusetts to see the sights of the first \n landing in Provincetown, early exploration of the New World \n along Cape Cod, and the ultimate landing and settlement in \n Plymouth (commemorated by Plymouth Rock), as well as to visit \n the re-created Mayflower and Plimoth Plantation, trace their \n ancestry, and learn about the indigenous Wampanoag and their \n integral role in the history of the United States;\n (9) there are more than 20,000,000 descendants worldwide \n who trace their ancestry back to the Mayflower passengers \n arriving in 1620 and on subsequent ships in the 1620s;\n (10) there are two federally recognized Indian Tribes in \n the Commonwealth of Massachusetts--the Wampanoag Tribe of Gay \n Head (Aquinnah) and the Mashpee Wampanoag Tribe--that have \n tribal members or citizens who descend from the historical \n Wampanoag Indian people whose sachem Massasoit signed the \n Wampanoag Treaty of 1621;\n (11) in 1897, the General Society of Mayflower Descendants \n was formed with the purpose of creating permanent records of \n those with lineage to the Mayflower Pilgrims, and to educate \n the public about the impact the Pilgrims had on Western \n civilization;\n (12) in 2009, a nonprofit organization, Plymouth 400, Inc., \n was established to ensure a suitable national observance of the \n Plymouth 400th anniversary to include the themes of \n exploration, innovation, immigration, self-governance, \n religious freedom, and thanksgiving, which are legacies that \n were sparked by these historic events and that continue today \n as cornerstones of the United States;\n (13) Plymouth 400, Inc. will lead, support, and facilitate \n legislative and marketing efforts for a commemorative coin \n series, United States postage stamps, and related activities \n for the Plymouth 400th anniversary observances and \n commemorations in 2020;\n (14) a commemorative coin series will bring national and \n international attention to the lasting legacy of Plymouth \n Colony, the indigenous Wampanoag Tribes, and the Pilgrim \n settlers; and\n (15) the proceeds from a surcharge on the sale of such \n commemorative coins will assist the financing of a suitable \n national observance in 2020 and 2021 of the 400th anniversary \n of the Pilgrim landing and historic events, including the \n signing of the Mayflower Compact, the first shared harvest, \n interaction with the indigenous Wampanoag people, and other \n significant events of the period.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (hereinafter in \nthis Act referred to as the ``Secretary'') shall mint and issue the \nfollowing coins:\n (1) $5 gold coins.--Not more than 100,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have diameter of 0.85 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 500,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain not less than 90 percent silver.\n (3) Half-dollar clad coins.--Not more than 750,000 half-\n dollar coins which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half-dollar \n coins described in section 5112(b) of title 31, United \n States Code.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of sections 5134 and 5136 of \ntitle 31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the landing and settlement of \n Plymouth Colony, the signing of the Mayflower Compact, and the \n role of the indigenous Wampanoag Tribes in the realization of \n the settlement.\n (2) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2020''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consulting with--\n (A) Plymouth 400, Inc.;\n (B) the General Society of Mayflower Descendants;\n (C) the Mashpee Wampanoag Tribe;\n (D) the Wampanoag Tribe of Gay Head (Aquinnah);\n (E) the Pilgrim Society;\n (F) Plimoth Plantation, Inc.;\n (G) the Pilgrim Monument and Provincetown Museum;\n (H) Provincetown 400;\n (I) the Plymouth Antiquarian Society;\n (J) the Massachusetts Cultural Council; and\n (K) the Massachusetts Historical Society; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during a 1-year period beginning January 1, 2020.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins issued under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 coin.\n (2) A surcharge of $10 per coin for the $1 coin.\n (3) A surcharge of $5 per coin for the half-dollar coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \ncoins under this Act shall be promptly paid by the Secretary as \nfollows:\n (1) 30 percent of the surcharges, to the Plymouth 400, \n Inc.--\n (A) to support the work of the organization to \n develop, implement, and provide oversight for the \n commemorations surrounding the events of 2020 through \n 2021; and\n (B) at the discretion of Plymouth 400 to distribute \n to local historical preservation, tribal, and cultural \n organizations to support their important work in \n educating the public about the settlement of 1620, \n their continued existence for the benefit of future \n generations, and other related purposes;\n (2) 30 percent of the surcharges, to the General Society of \n Mayflower Descendants--\n (A) to support the continued restoration of the \n GSMD facilities in Plymouth;\n (B) to provide funding for the GSMD research \n library in Plymouth;\n (C) to support academic study to learn and \n disseminate new information about the Pilgrims and \n early colonial New England;\n (D) to provide funding for the restoration and \n operation of the National Pilgrim Memorial \n Meetinghouse; and\n (E) for educational purposes;\n (3) 20 percent of the surcharges, to the Mashpee Wampanoag \n Tribe, to continue programs to educate people about the life of \n the Wampanoag people and Wampanoag culture, language, and \n history;\n (4) 5 percent of the surcharges, to the Wampanoag Tribe of \n Gay Head (Aquinnah) to support programs to educate people about \n the life of the Wampanoag people prior to the Plymouth \n settlement and the interactions between the settlers and the \n Wampanoag people;\n (5) 5 percent of the surcharges, to the Pilgrim Society d\/\n b\/a Pilgrim Hall Museum for the stewardship, conservation, and \n preservation of the museum's collection of Pilgrim and Plymouth \n historical materials, including--\n (A) the historic 1824 museum building;\n (B) a digitization program to preserve and share \n historical resources and build the technological and \n generational foundation for continued engagement with \n Plymouth history and Pilgrim Hall Museum;\n (C) the development, design, and construction of a \n new museum website to serve as a digital gateway to \n museum resources;\n (D) improvements to permanent exhibition galleries \n and content, including greater attention to Wampanoag \n history; and\n (E) support for educational programs and \n educational partnerships, including a museum internship \n program; and\n (6) 5 percent of the surcharges to Plimoth Plantation Inc., \n to support the Museum's educational programs and exhibits that \n teach the general public about the 17th century history of \n America including the Mayflower, the Pilgrims, the Mayflower \n Compact, and the Native people of this region;\n (7) 5 percent of the surcharges, to Pilgrims' First Landing \n Park, Inc. d\/b\/a Provincetown 400 to support the organization's \n work in furtherance of events and programs that educate people \n about the lives of the Wampanoag people and the Pilgrims before \n and after the arrival of the Mayflower to the New World and \n that explore the themes of these historic events that are still \n relevant today, and to maintain historical markers and sites \n related to the events of 1620 and 1621.\n (c) Audits.--The Comptroller General of the United States shall \nhave the right to examine such books, records, documents, and other \ndata of each of the organizations referred to in subsection (b) as may \nbe related to the expenditures of amounts paid under such subsection.\n (d) Limitations.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of such time of issuance, the issuance of \nsuch coin would result in the number of commemorative coin programs \nissued during such year to exceed the annual 2 commemorative coin \nprogram issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.\n (e) Exemption From Matching Requirement.--Section 5134(f)(1)(A)(ii) \nof title 31, United States Code, shall not apply to the organizations \nreferred to under paragraphs (3) and (4) of subsection (b) with respect \nto surcharges paid under this Act.\n\nSEC. 8. FINANCIAL ASSURANCES.\n\n The Secretary shall take such actions as may be necessary to ensure \nthat--\n (1) minting and issuing coins under this Act will not \n result in any net cost to the United States Government; and\n (2) no funds, including applicable surcharges, are \n disbursed to any recipient designated in section 7 until the \n total cost of designing and issuing all of the coins authorized \n by this Act (including labor, materials, dies, use of \n machinery, overhead expenses, marketing, and shipping) is \n recovered by the United States Treasury, consistent with \n sections 5112(m) and 5134(f) of title 31, United States Code.","summary":"Plymouth 400th Anniversary Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a one-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 30 to Plymouth 400, Inc., 30 to the General Society of Mayflower Descendants, 20 to the Mashpee Wampanoag Tribe, 5 to the Wampanoag Tribe of Gay Head (Aquinnah), 5 to the Pilgrim Society's Pilgrim Hall Museum, 5 to Plimoth Plantation, Inc., and 5 to Pilgrims' First Landing Park, Inc.","title":"Plymouth 400th Anniversary Commemorative Coin Act of 2017","text_len":15488,"sum_len":857} {"bill_id":"110_s481","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tribal Colleges and Universities \nFaculty Loan Forgiveness Act''.\n\nSEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN \n TRIBAL COLLEGES OR UNIVERSITIES.\n\n (a) Perkins Loans.--\n (1) Amendment.--Section 465(a) of the Higher Education Act \n of 1965 (20 U.S.C. 1087ee(a)) is amended--\n (A) in paragraph (2)--\n (i) in subparagraph (H), by striking ``or'' \n after the semicolon;\n (ii) in subparagraph (I), by striking the \n period and inserting ``; or''; and\n (iii) by adding at the end the following:\n ``(J) as a full-time faculty member at a Tribal College or \n University as defined in section 316(b).''; and\n (B) in paragraph (3)(A)(i), by striking ``or (I)'' \n and inserting ``(I), or (J)''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall be effective for service performed during academic year \n 2005-2006 and succeeding academic years, notwithstanding any \n contrary provision of the promissory note under which a loan \n under part E of title IV of the Higher Education Act of 1965 \n (20 U.S.C. 1087aa et seq.) was made.\n (b) FFEL and Direct Loans.--Part G of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at \nthe end the following:\n\n``SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH \n IN TRIBAL COLLEGES OR UNIVERSITIES.\n\n ``(a) Program Authorized.--The Secretary shall carry out a program, \nthrough the holder of a loan, of assuming or canceling the obligation \nto repay a qualified loan amount, in accordance with subsection (b), \nfor any new borrower on or after the date of enactment of the Tribal \nColleges and Universities Faculty Loan Forgiveness Act, who--\n ``(1) has been employed as a full-time faculty member at a \n Tribal College or University as defined in section 316(b); and\n ``(2) is not in default on a loan for which the borrower \n seeks repayment or cancellation.\n ``(b) Qualified Loan Amounts.--\n ``(1) Percentages.--Subject to paragraph (2), the Secretary \n shall assume or cancel the obligation to repay under this \n section--\n ``(A) 15 percent of the amount of all loans made, \n insured, or guaranteed after the date of enactment of \n the Tribal Colleges and Universities Faculty Loan \n Forgiveness Act to a student under part B or D, for the \n first or second year of employment described in \n subsection (a)(1);\n ``(B) 20 percent of such total amount, for the \n third or fourth year of such employment; and\n ``(C) 30 percent of such total amount, for the \n fifth year of such employment.\n ``(2) Maximum.--The Secretary shall not repay or cancel \n under this section more than $15,000 in the aggregate of loans \n made, insured, or guaranteed under parts B and D for any \n student.\n ``(3) Treatment of consolidation loans.--A loan amount for \n a loan made under section 428C may be a qualified loan amount \n for the purposes of this subsection only to the extent that \n such loan amount was used to repay a loan made, insured, or \n guaranteed under part B or D for a borrower who meets the \n requirements of subsection (a), as determined in accordance \n with regulations prescribed by the Secretary.\n ``(c) Regulations.--The Secretary is authorized to issue such \nregulations as may be necessary to carry out the provisions of this \nsection.\n ``(d) Effect on Section.--Nothing in this section shall be \nconstrued to authorize any refunding of any repayment of a loan.\n ``(e) Prevention of Double Benefits.--No borrower may, for the same \nservice, receive a benefit under both this section and subtitle D of \ntitle I of the National and Community Service Act of 1990 (42 U.S.C. \n12601 et seq.).\n ``(f) Definition.--For purposes of this section, the term `year', \nwhen applied to employment as a faculty member, means an academic year \nas defined by the Secretary.''.\n\nSEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR \n UNIVERSITIES.\n\n Section 846(a)(3) of the Public Health Service Act (42 U.S.C. \n297n(a)(3)) is amended--\n (1) by striking ``(3)'' and inserting ``(3)(A)'';\n (2) by inserting ``or'' after the semicolon; and\n (3) by adding at the end the following:\n ``(B) who is a nursing instructor at a tribally controlled \n college or university (as such term is defined in section 2 of \n the Tribally Controlled College or University Assistance Act of \n 1978 (25 U.S.C. 1801), or any institution listed in section 532 \n of the Equity in Educational Land-Grant Status Act of 1994 (7 \n U.S.C. 301 note));''.\n\nSEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME.\n\n The amount of any loan that is assumed or canceled under an \namendment made by this Act shall not, consistent with section 108(f) of \nthe Internal Revenue Code of 1986, be treated as gross income for \nFederal income tax purposes.\n ","summary":"Tribal Colleges and Universities Faculty Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment as a full-time faculty member at a tribal college or university if the borrower is not in default on such loan. Requires the Secretary to assume or cancel the obligation to repay: (1) 15 of the amount of all such loans made, insured, or guaranteed after enactment of this Act to a student for the first or second year of employment. (2) 20 for the third or fourth year of such employment. And (3) 30 for the fifth year. Limits the total amount of loan repayment or cancellation per student to $15,000. Allows for repayment or cancellation of consolidation loans only to the extent of the qualified student loans involved. Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990. Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994. Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes.","title":"A bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities.","text_len":6116,"sum_len":1509} {"bill_id":"110_hr865","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Copper Valley Native Allotment \nResolution Act of 2007''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Association.--The term ``Association'' means the Copper \n Valley Electric Association.\n (2) Native allotment.--\n (A) In general.--The term ``Native allotment'' \n means--\n (i) each of the following allotments issued \n under the Act of May 17, 1906 (34 Stat. 197, \n chapter 2469):\n (I) A-031653.\n (II) A-043380.\n (III) A-046337.\n (IV) AA-5896.\n (V) AA-6014, Parcel B.\n (VI) AA-6034.\n (VII) AA-7059.\n (VIII) AA-7242, Parcel B.\n (IX) AA-7336.\n (X) AA-7552.\n (XI) AA-7553.\n (XII) AA-7554.\n (XIII) AA-7600.\n (XIV) AA-8032; and\n (ii) any allotment for which a patent or \n Certificate of Allotment has been issued under \n the Act of May 17, 1906 (34 Stat. 197, chapter \n 2469) across which the Association maintains an \n electric transmission line on the date of \n enactment of this Act.\n (B) Exclusions.--The term ``Native allotment'' does \n not include any allotment to which the Secretary has \n approved the grant of a right of way or issued a patent \n or Certificate of Allotment that is subject to a right \n of way held by the Association.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) State.--The term ``State'' means the State of Alaska.\n\nSEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.\n\n (a) In General.--There is granted to the Association rights-of-way \nacross the Native allotments for an electric transmission line owned by \nthe Association.\n (b) Width.--After considering any information provided by the \nAssociation, allottee, or any other source that the Secretary \ndetermines to be relevant, the Secretary shall determine an accurate \nlegal description of the rights-of-way, the nature of the rights \ngranted, and the widths of the rights-of-way granted by subsection (a).\n (c) Certain Agreements.--Notwithstanding any other provision of \nthis Act, this Act does not apply to land owned by Ahtna, Inc. and any \nprior or current right-of-way agreements that may exist between Ahtna, \nInc. and the Copper Valley Electric Association or the State.\n (d) Compensation.--\n (1) In general.--The Secretary shall--\n (A) appraise the value of the rights-of-way granted \n under subsection (a);\n (B) pay to any owner of a Native allotment or, if \n the owner is deceased, an heir or assign of the owner, \n compensation for the grant of a right-of-way over the \n Native allotment in an amount determined under \n paragraph (2);\n (C) issue recordable instruments that indicate the \n location of the rights-of-way over the Native \n allotments;\n (D) provide written notice of the compensation \n procedure for the rights-of-way to--\n (i) the owner of record for each Native \n allotment; or\n (ii) if the owner of record is deceased, \n the heir or assign of the owner of record; and\n (E) publish in the Federal Register and any \n newspaper of general circulation within the service \n area of the Association and location of the relevant \n allotment--\n (i) notice of the compensation procedure \n established by this subsection; and\n (ii) with respect to a Native allotment \n described in section 2(2)(A)(ii), the location \n of the right-of-way, as prepared by the \n Association and provided to the Secretary, in \n accordance with any requirements established by \n the Secretary.\n (2) Calculation of payments.--\n (A) In general.--For purposes of calculating the \n amount of compensation required under paragraph (1)(B), \n the Secretary shall determine, with respect to a \n portion of a Native allotment encumbered by a right-of-\n way--\n (i) compensation for each right-of-way \n based on an appraisal conducted in conformity \n with the version of the Uniform Appraisal \n Standards for Federal Land Acquisitions that is \n correct as of the date of the compensation \n proceeding; and\n (ii) interest calculated based on the \n section 3116 of title 40, United States Code.\n (B) Date of valuation.--For purposes of \n subparagraph (A), the date of valuation of the \n acquisition by the Association of each right-of-way \n shall be considered to be the date of enactment of this \n Act.\n (3) Judicial review.--Notwithstanding any other provision \n of law, judicial review under this subsection shall be limited \n to a review of the determination of the Secretary under \n paragraph (2) regarding the compensation for a right-of-way \n over a Native allotment.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\n Passed the House of Representatives April 17, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Copper Valley Native Allotment Resolution Act of 2007 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line. Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska. Prescribes compensation procedures. Authorizes appropriations.","title":"To grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska.","text_len":6648,"sum_len":449} {"bill_id":"106_s2487","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Maritime Administration \nAuthorization Act for Fiscal Year 2001''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.\n\n Funds are hereby authorized to be appropriated, as Appropriations \nActs may provide, for the use of the Department of Transportation for \nthe Maritime Administration as follows:\n (1) For expenses necessary for operations and training \n activities, not to exceed $80,240,000 for the fiscal year \n ending September 30, 2001.\n (2) For the costs, as defined in section 502 of the Federal \n Credit Reform Act of 1990, of guaranteed loans authorized by \n title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 \n et seq.), $50,000,000, to be available until expended. In \n addition, for administrative expenses related to loan guarantee \n commitments under title XI of that Act, $4,179,000.\n\nSEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.\n\n (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101 \net seq.) is amended by adding at the end thereof the following:\n\n``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.\n\n ``(a) In General.--The restrictions of section 901(b)(1) of this \nAct concerning a vessel built in a foreign country shall not apply to a \nnewly constructed drybulk or breakbulk vessel over 7,500 deadweight \ntons that has been delivered from a foreign shipyard or contracted for \nconstruction in a foreign shipyard before the earlier of--\n ``(1) the date that is 1 year after the date of enactment \n of the Maritime Administration Authorization Act for Fiscal \n Year 2001; or\n ``(2) the effective date of the OECD Shipbuilding Trade \n Agreement Act.\n ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel \ntimely contracted for or delivered pursuant to this section and \ndocumented under the laws of the United States shall be deemed to have \nbeen United-States built for purposes of sections 901(b) and 901b of \nthis Act if--\n ``(1) following delivery by a foreign shipyard, the vessel \n has any additional shipyard work necessary to receive its \n initial Coast Guard certificate of inspection performed in a \n United States shipyard;\n ``(2) the vessel is not documented in another country \n before being documented under the laws of the United States;\n ``(3) the vessel complies with the same inspection \n standards set forth for ocean common carriers in section 1137 \n of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. \n 1187 note); and\n ``(4) actual delivery of a vessel contracted for \n construction takes place on or before the 3-year anniversary of \n the date of the contract to construct the vessel.\n ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46, \nUnited States Code, shall not apply to a vessel built pursuant to this \nsection.''.\n (b) Conforming Calendar Year to Federal Fiscal Year for Section \n901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 \nU.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting \n``1986, the 18-month period commencing April 1, 2000, and the 12-month \nperiod beginning on the first day of October in the year 2001 and each \nyear thereafter.''.\n\nSEC. 4. SCRAPPING OF CERTAIN VESSELS.\n\n (a) International Environmental Scrapping Standard.--The Secretary \nof State in coordination with the Secretary of Transportation shall \ninitiate discussions in all appropriate international forums in order \nto establish an international standard for the scrapping of vessels in \na safe and environmentally sound manner.\n (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.--\n (1) Development of a ship scrapping program.--The Secretary \n of Transportation, in consultation with the Secretary of the \n Navy, the Administrator of the Environmental Protection Agency, \n the Assistant Secretary for Occupational Safety and Health, and \n the Secretary of State, shall develop a program within 9 months \n after the date of enactment of this Act for the scrapping of \n obsolete National Defense Reserve Fleet Vessels and report to \n the Senate Committee on Commerce, Science, and Transportation \n and the House of Representatives Committee on Armed Services.\n (A) Content.--The report shall include information \n concerning the initial determination of scrapping \n capacity, both domestically and abroad, development of \n appropriate regulations, funding and staffing \n requirements, milestone dates for the disposal of each \n obsolete vessel, and long term cost estimates for the \n ship scrapping program.\n (B) Alternatives.--In developing the program the \n Secretary of Transportation, in consultation with the \n Secretary of the Navy, the Administrator of the \n Environmental Protection Agency, and the Secretary of \n State shall consider all alternatives and available \n information including--\n (i) alternative scrapping sites;\n (ii) vessel donations;\n (iii) sinking of vessels in deep water;\n (iv) sinking vessels for development of \n artificial reefs;\n (v) sales of vessels before they become \n obsolete;\n (vi) results from the Navy Pilot Scrapping \n Program under section 8124 of the Department of \n Defense Appropriations Act, 1999; and\n (vii) the Report of the Department of \n Defense's Interagency Panel on Ship Scrapping \n issued in April, 1998.\n (2) Selection of scrapping facilities.--Notwithstanding the \n provisions of the Toxic Substances Control Act (15 U.S.C. 2605 \n et seq.), a ship scrapping program shall be accomplished \n through qualified scrapping facilities whether located in the \n United States or abroad. Scrapping facilities shall be selected \n on a best value basis taking into consideration, among other \n things, the facilities's ability to scrap vessels--\n (A) economically;\n (B) in a safe and timely manner;\n (C) with minimal impact on the environment;\n (D) with proper respect for worker safety; and\n (E) by minimizing the geographic distance that a \n vessel must be towed when such a vessel poses a serious \n threat to the environment.\n (3) Amendment of national maritime heritage act.--Section \n 6(c)(1) of the National Maritime Heritage Act of 1994 (16 \n U.S.C. 5405(c)(1)) is amended--\n (A) by striking ``2001'' in subparagraph (A) and \n inserting ``2006''; and\n (B) by striking subparagraph (B) and inserting the \n following:\n ``(B) in the most cost effective manner to the United \n States taking into account the need for disposal, the \n environment, and safety concerns; and''.\n (4) Funding for scrapping.--Section 2218(c)(1)(E) of title \n 10, United States Code, is amended by inserting ``and scrapping \n the vessels of'' after ``maintaining''.\n (c) Limitation on Scrapping Before Program.--Until the report \nrequired by subsection (b)(1) is transmitted to the Congress, the \nSecretary may not proceed with the scrapping of any vessels in the \nNational Defense Reserve Fleet except the following:\n (1) EXPORT CHALLENGER.\n (2) EXPORT COMMERCE.\n (3) BUILDER.\n (4) ALBERT E. WATTS.\n (5) WAYNE VICTORY.\n (6) MORMACDAWN.\n (7) MORMACMOON.\n (8) SANTA ELENA.\n (9) SANTA ISABEL.\n (10) SANTA CRUZ.\n (11) PROTECTOR.\n (12) LAUDERDALE.\n (13) PVT. FRED C. MURPHY.\n (14) BEAUJOLAIS.\n (15) MEACHAM.\n (16) NEACO.\n (17) WABASH.\n (18) NEMASKET.\n (19) MIRFAK.\n (20) GEN. ALEX M. PATCH.\n (21) ARTHUR M. HUDDELL.\n (22) WASHINGTON.\n (23) SUFFOLK COUNTY.\n (24) CRANDALL.\n (25) CRILLEY.\n (26) RIGEL.\n (27) VEGA.\n (28) COMPASS ISLAND.\n (29) DONNER.\n (30) PRESERVER.\n (31) MARINE FIDDLER.\n (32) WOOD COUNTY.\n (33) CATAWBA VICTORY.\n (34) GEN. NELSON M. WALKER.\n (35) LORAIN COUNTY.\n (36) LYNCH.\n (37) MISSION SANTA YNEZ.\n (38) CALOOSAHATCHEE.\n (39) CANISTEO.\n (d) Biannual Report.--Beginning 1 year after the date of enactment \nof this Act, the Secretary of Transportation in coordination with the \nSecretary of the Navy shall report to Congress biannually on the \nprogress of the ship scrapping program developed under subsection \n(b)(1) and on the progress of any other scrapping of obsolete \ngovernment-owned vessels.\n\nSEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.\n\n The Maritime Administration, in its annual report to the Congress \nunder section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. \n1118), and in its annual budget estimate submitted to the Congress, \nshall state separately the amount, source, intended use, and nature of \nany funds (other than funds appropriated to the Administration or to \nthe Secretary of Transportation for use by the Administration) \nadministered, or subject to oversight, by the Administration.\n\nSEC. 6. MARITIME INTERMODAL RESEARCH.\n\n Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended \nby adding at the end thereof the following:\n ``(f) University Transportation Research Funds.--\n ``(1) In general.--The Secretary may make a grant under \n section 5505 of title 49, United States Code, to an institute \n designated under subsection (a) for maritime and maritime \n intermodal research under that section as if the institute were \n a university transportation center.\n ``(2) Advice and consultation of marad.--In making a grant \n under the authority of paragraph (1), the Secretary, through \n the Research and Special Programs Administration, shall advise \n the Maritime Administration concerning the availability of \n funds for the grants, and consult with the Administration on \n the making of the grants.''.\n\nSEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.\n\n (a) In General.--The Secretary of Transportation shall conduct a \nstudy of maritime research and technology development, and report its \nfindings and conclusions, together with any recommendations it finds \nappropriate, to the Congress within 9 months after the date of \nenactment of this Act.\n (b) Required Areas of Study.--The Secretary shall include the \nfollowing items in the report required by subsection (a):\n (1) The approximate dollar values appropriated by the \n Congress for each of the 5 fiscal years ending before the study \n is commenced for each of the following modes of transportation:\n (A) Highway.\n (B) Rail.\n (C) Aviation.\n (D) Public transit.\n (E) Maritime.\n (2) A description of how Federal funds appropriated for \n research in the different transportation modes are utilized.\n (3) A summary and description of current research and \n technology development funds appropriated for each of those \n fiscal years for maritime research initiatives, with separate \n categories for funds provided to the Coast Guard for marine \n safety research purposes.\n (4) A description of cooperative mechanisms that could be \n used to attract and leverage non-federal investments in United \n States maritime research and technology development and \n application programs, including the potential for the creation \n of maritime transportation research centers and the benefits of \n cooperating with existing surface transportation research \n centers.\n (5) Proposals for research and technology development \n funding to facilitate the evolution of Maritime Transportation \n System.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated $100,000 to carry out this section.\n\nSEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, \n GLACIER.\n\n (a) Authority to Convey.--Notwithstanding any other law, the \nSecretary of Transportation may, subject to subsection (b), convey all \nright, title, and interest of the United States Government in and to \nthe vessel in the National Defense Reserve Fleet that was formerly the \nU.S.S. GLACIER (United States official number AGB-4) to the Glacier \nSociety, Inc., a corporation established under the laws of the State of \nConnecticut that is located in Bridgeport, Connecticut.\n (b) Terms of Conveyance.--\n (1) Required conditions.--The Secretary may not convey the \n vessel under this section unless the corporation--\n (A) agrees to use the vessel for the purpose of a \n monument to the accomplishments of members of the Armed \n Forces of the United States, civilians, scientists, and \n diplomats in exploration of the Arctic and the \n Antarctic;\n (B) agrees that the vessel will not be used for \n commercial purposes;\n (C) agrees to make the vessel available to the \n Government if the Secretary requires use of the vessel \n by the Government for war or national emergency;\n (D) agrees to hold the Government harmless for any \n claims arising from exposure to asbestos, \n polychlorinated biphenyls, or lead paint after the \n conveyance of the vessel, except for claims arising \n from use of the vessel by the Government pursuant to \n the agreement under subparagraph (C); and\n (E) provides sufficient evidence to the Secretary \n that it has available for use to restore the vessel, in \n the form of cash, liquid assets, or a written loan \n commitment, financial resources of at least $100,000.\n (2) Delivery of vessel.--If the Secretary conveys the \n vessel under this section, the Secretary shall deliver the \n vessel--\n (A) at the place where the vessel is located on the \n date of conveyance;\n (B) in its condition on that date; and\n (C) at no cost to the United States Government.\n (3) Additional terms.--The Secretary may require such \n additional terms in connection with the conveyance authorized \n by this section as the Secretary considers appropriate.\n (c) Other Unneeded Equipment.--If the Secretary conveys the vessel \nunder this section, the Secretary may also convey to the corporation \nany unneeded equipment from other vessels in the National Defense \nReserve Fleet or Government storage facilities for use to restore the \nvessel to museum quality or to its original configuration (or both).\n (d) Retention of Vessel in NDRF.--The Secretary shall retain in the \nNational Defense Reserve Fleet the vessel authorized to be conveyed \nunder this section until the earlier of--\n (1) 2 years after the date of the enactment of this Act; or\n (2) the date of the conveyance of the vessel under this \n section.\n\n Passed the Senate September 28 (legislative day, September \n 22), 2000.\n\n Attest:\n\n Secretary.\n106th CONGRESS\n\n 2d Session\n\n S. 2487\n\n_______________________________________________________________________\n\n AN ACT\n\n To authorize appropriations for Fiscal Year 2001 for certain maritime \n programs of the Department of Transportation.","summary":"Amends the Merchant Marine Act, 1936 to declare that certain restrictions concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of two specified dates. Deems US-built any vessel timely contracted for or delivered and documented under US law, if certain conditions are met. Directs the Secretary of State, in coordination with the Secretary of Transportation, to initiate discussions in all appropriate international forums to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. Directs the Secretary of Transportation to develop, and report to specified congressional committees on, a program for the scrapping of obsolete National Defense Reserve Fleet Vessels. Amends the National Maritime Heritage Act of 1994 to extend, through September 30, 2006, the authority of the Secretary to dispose of certain vessels in the National Defense Reserve Fleet. Requires that such vessels be disposed of in the most cost effective manner to the United States, taking into account the need for disposal, the environment, and safety concerns. Amends Federal law to authorize the expenditure of funds from the National Defense Sealift Fund for costs related to the scrapping of National Defense Reserve Fleet vessels. Names vessels in the National Defense Reserve Fleet that may be scrapped in the United States or a foreign country. Requires the Maritime Administration to state separately the amount, source, intended use, and nature of any funds administered, or subject to oversight, by the Administration. Amends Federal maritime law to authorize the Secretary of Transportation to make a grant to a National Maritime Enhancement Institute for maritime and maritime intermodal research as if the Institute were a university transportation center. Directs the Secretary to study maritime research and technology development, and report the results, including any recommendations, to Congress. Authorizes appropriations. Authorizes the Secretary to convey all right, title, and US interest in the USS. GLACIER to the Glacier Society, Inc. Bridgeport, Connecticut.","title":"Maritime Administration Authorization Act for Fiscal Year 2001","text_len":16871,"sum_len":2317} {"bill_id":"108_hr2945","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Head Start Assessment Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) When used appropriately, valid and reliable assessments \n can be of positive value for improving instruction and \n supporting development of young children.\n (2) According to the National Academy of Sciences report, \n Eager to Learn: Educating Our Preschoolers, assessment of \n children below school age is in ``flux'' and ``all assessments, \n and particularly assessments for accountability, must be used \n carefully and appropriately if they are to resolve, and not \n create, educational problems.''\n (3) The Eager to Learn report emphasized that the intended \n purpose and use of the data to be derived from assessments \n should be considered in determining which assessment \n instruments and procedures are most appropriate.\n (4) The National Academy of Sciences reports that few early \n childhood educators and administrators are well-trained in the \n selection and appropriate use of assessments for young \n children.\n (5) According to the National Academy of Sciences report, \n From Neurons to Neighborhoods, the emotional and social \n development of young children is as critical to school \n readiness as language and cognitive development.\n (6) The Head Start Act currently requires programs to \n assess children in Head Start a minimum of three times a year \n against certain performance standards, which include all \n domains of the development and learning of children.\n (7) The proposed Head Start National Reporting System on \n Child Outcomes assessment is not reflective of the full range \n of skills and competencies that the National Academy of \n Sciences reports state children require to succeed, and it has \n not been thoroughly debated by those groups associated with \n Head Start, including early childhood development and \n assessment experts, early childhood educators and \n administrators, family members of children participating in \n Head Start, or Congress.\n\nSEC. 3. DELAYED IMPLEMENTATION OF ASSESSMENT PROCEDURES IN CONNECTION \n WITH THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD \n OUTCOMES.\n\n (a) Satisfaction of Conditions.--The Secretary of Health and Human \nServices shall not proceed with the full-scale implementation of the \nHead Start National Reporting System on Child Outcomes, as described in \nthe project proposal (68 Fed. Reg. 17815; relating to Implementation of \nthe Head Start National Reporting System on Child Outcomes), until the \nSecretary certifies to Congress that the following conditions have been \nsatisfied:\n (1) Oversight hearings.--Congressional oversight hearings \n have been concluded concerning the development and \n implementation of the Head Start National Reporting System on \n Child Outcomes.\n (2) Public forums.--The Secretary has concluded, consistent \n with the requirements of subsection (b), public forums in \n different regions of the United States, and provided an \n opportunity for written public comments, concerning early \n childhood assessment proposals.\n (3) Study on early childhood assessments.--The Secretary \n has submitted, consistent with subsection (c), to Congress a \n study of early childhood assessments focusing on improving \n accountability, instruction, and the delivery of services. The \n Secretary shall request the National Academy of Sciences to \n prepare the study using a panel of nationally recognized \n experts in early childhood assessment, child development, and \n education.\n (4) Availability of funds.--Without reducing the number of \n students served by Head Start, sufficient funds are available \n to--\n (A) develop and implement any new Head Start \n assessments; and\n (B) deliver necessary additional technical \n assistance and professional development required to \n successfully implement the new assessments.\n (b) Public Forum Participation.--To satisfy the condition specified \nin subsection (a)(2), the Secretary shall ensure that participation in \nthe required forums includes--\n (1) early childhood development and assessment experts;\n (2) early childhood educators and administrators; and\n (3) family members of children participating in Head Start.\n (c) Information Required by Study on Early Childhood Assessments.--\nTo satisfy the condition specified in subsection (a)(3), the Secretary \nshall ensure that the required study contains, at a minimum, specific \ninformation regarding the following:\n (1) Which skills and competencies are predictive of school \n readiness and future academic success.\n (2) The development, selection, and use of instruments, \n determined to be reliable and validated for preschoolers, \n including preschoolers in the Head Start population, to assess \n the development in young children of--\n (A) literacy, language, and mathematical skills;\n (B) emotional and social skills; and\n (C) health and physical well-being.\n (3) The development of appropriate benchmarks and the \n proper use of early childhood assessments to improve Head Start \n program effectiveness and instruction.\n (4) The resources required for successful implementation of \n additional assessments within Head Start and how such \n additional assessments might be coordinated with current \n processes.\n (5) Whether a new assessment would provide information to \n improve program accountability or instruction that is not \n already available from existing assessments and reporting \n procedures within Head Start.\n (6) The professional development and personnel needs for \n successful implementation of early childhood assessments.\n (7) The practicality of employing sampling techniques as \n part of any early childhood assessment.\n (8) The practicality of employing observational and work-\n sampling assessment techniques as part of an early childhood \n assessment.\n (9) Steps needed to ensure that assessments accommodate the \n racial, cultural, and linguistic diversity of young children, \n including young children with disabilities.","summary":"Head Start Assessment Act of 2003 - Prohibits the Secretary of Health and Human Services from proceeding with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in a specified project proposal, until the Secretary certifies to Congress that: (1) congressional oversight hearings have been concluded concerning the development and implementation of the System. (2) the Secretary has concluded public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals. (3) the Secretary has reported to Congress a study by the National Academy of Sciences of early childhood assessments focusing on improving accountability, instruction, and the delivery of services. And (4) sufficient funds are available to develop and implement any new Head Start assessments, and deliver necessary additional technical assistance and professional development required to successfully implement these assessments. Prescribes requirements for participants in such public forums.","title":"To condition the implementation of assessment procedures in connection with the Head Start National Reporting System on Child Outcomes, and for other purposes.","text_len":6860,"sum_len":1105} {"bill_id":"106_s60","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Enhanced Savings \nOpportunities Act''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. EQUITABLE TREATMENT FOR CONTRIBUTIONS OF EMPLOYEES TO DEFINED \n CONTRIBUTION PLANS.\n\n (a) Equitable Treatment.--\n (1) In general.--Subparagraph (B) of section 415(c)(1) \n (relating to limitation for defined contribution plans) is \n amended to read as follows:\n ``(B) the participant's compensation.''\n (2) Conforming amendments.--\n (A) Subsection (f) of section 72 is amended by \n striking ``section 403(b)(2)(D)(iii))'' and inserting \n ``section 403(b)(2)(D)(iii), as in effect on December \n 31, 1998)''.\n (B) Section 403(b) is amended--\n (i) by striking ``the exclusion allowance \n for such taxable year'' in paragraph (I) and \n inserting ``the applicable limit under section \n 415'',\n (ii) by striking paragraph (2), and\n (iii) by inserting ``or any amount received \n by a former employee after the 5th taxable year \n following the taxable year in which such \n employee was terminated'' before the period at \n the end of the second sentence of paragraph \n (3).\n (C) Section 404(a)(10)(B) is amended by striking \n ``, the exclusion allowance under section 403(b)(2),''.\n (D) Section 415(a)(2) is amended by striking ``, \n and the amount of the contribution for such portion \n shall reduce the exclusion allowance as provided in \n section 403(b)(2)''.\n (E) Section 415(c)(3) is amended by adding at the \n end the following new subparagraph:\n ``(E) Annuity contracts.--In the case of an annuity \n contract described in section 403(b), the term \n `participant's compensation' means the participant's \n includible compensation determined under section \n 403(b)(3).''\n (F) Section 415(c) is amended by striking paragraph \n (4).\n (G) Section 415(c)(7) is amended to read as \n follows:\n ``(7) Certain contributions by church plans not treated as \n exceeding limit.--\n ``(A) In general.--Notwithstanding any other \n provision of this subsection, at the election of a \n participant who is an employee of a church, a \n convention or association of churches, including an \n organization described in section 414(e)(3)(B)(ii), \n contributions and other additions for an annuity \n contract or retirement income account described in \n section 403(b) with respect to such participant, when \n expressed as an annual addition to such participant's \n account, shall be treated as not exceeding the \n limitation of paragraph (1) if such annual addition is \n not in excess of $10,000.\n ``(B) $40,000 aggregate limitation.--The total \n amount of additions with respect to any participant \n which may be taken into account for purposes of this \n subparagraph for all years may not exceed $40,000.\n ``(C) Annual addition.--For purposes of this \n paragraph, the term `annual addition' has the meaning \n given such term by paragraph (2).''\n (H) Section 415(e)(5) is amended--\n (i) by striking ``(except in the case of a \n participant who has elected under subsection \n (c)(4)(D) to have the provisions of subsection \n (c)(4)(C) apply)'', and\n (ii) by striking the last sentence.\n (I) Section 415(n)(2)(B) is amended by striking \n ``percentage''.\n (J) Subparagraph (B) of section 402(g)(7) is \n amended by inserting before the period at the end the \n following: ``(as in effect on the date of the enactment \n of the Enhanced Savings Opportunity Act)''.\n (b) Special Rules for Sections 403(b) and 408.--Subsection (k) of \nsection 415 is amended by adding at the end the following new \nparagraph:\n ``(4) Special rules for sections 403(b) and 408.--For \n purposes of this section, any annuity contract described in \n section 403(b) for the benefit of a participant shall be \n treated as a defined contribution plan maintained by each \n employer with respect to which the participant has the control \n required under subsection (b) or (c) of section 414 (as \n modified by subsection (h)). For purposes of this section, any \n contribution by an employer to a simplified employee pension \n plan for an individual for a taxable year shall be treated as \n an employer contribution to a defined contribution plan for \n such individual for such year.''\n (c) Deferred Compensation Plans of State and Local Governments and \nTax-Exempt Organizations.--Subparagraph (B) of section 457(b)(2) \n(relating to salary limitation on eligible deferred compensation \nplans'' is amended by striking ``33\\1\/3\\ percent'' and inserting ``100 \npercent''.\n (d) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to years beginning \n after December 31, 1999.\n (2) Special rules for sections 403(b) and 408.--The \n amendment made by subsection (b) shall apply to limitation \n years beginning after December 31, 2000.\n\nSEC. 3. ELECTIVE DEFERRALS NOT TAKEN INTO ACCOUNT FOR PURPOSES OF \n LIMITS.\n\n (a) In General.--Section 404 is amended by adding at the end the \nfollowing new subsection:\n ``(n) Elective Deferrals Not Taken Into Account for Purposes of \nLimits.--Elective deferrals (as defined in section 402(g)(3)) shall not \nbe subject to any limitations described in this section (other than \nsubsection (a)), and such elective deferrals shall not be taken into \naccount in applying such limitations to any other contributions.''\n (b) Effective Date.--The amendment made by this section shall apply \nto years beginning after December 31, 1999.","summary":"Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans. Excludes elective deferrals from such limits.","title":"Enhanced Savings Opportunities Act","text_len":7151,"sum_len":447} {"bill_id":"110_s878","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oil Industry Merger Antitrust \nEnforcement Act''.\n\nSEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) American consumers are suffering from excessively high \n prices for gasoline, natural gas, heating oil, and other energy \n products.\n (2) These excessively high energy prices have been caused, \n at least in substantial part, by undue concentration among \n companies involved in the production, refining, distribution, \n and retail sale of oil, gasoline, natural gas, heating oil, and \n other petroleum-related products.\n (3) There has been a sharp consolidation caused by mergers \n and acquisitions among oil companies over the last decade, and \n the antitrust enforcement agencies (the Federal Trade \n Commission and the Department of Justice Antitrust Division) \n have failed to employ the antitrust laws to prevent this \n consolidation, to the detriment of consumers and competition. \n This consolidation has caused substantial injury to competition \n and has enabled the remaining oil companies to gain market \n power over the sale, refining, and distribution of petroleum-\n related products.\n (4) The demand for oil, gasoline, and other petroleum-based \n products is highly inelastic so that oil companies can easily \n utilize market power to raise prices.\n (5) Maintaining competitive markets for oil, gasoline, \n natural gas, and other petroleum-related products is in the \n highest national interest.\n (b) Purposes.--The purposes of this Act are to--\n (1) ensure vigorous enforcement of the antitrust laws in \n the oil industry;\n (2) restore competition to the oil industry and to the \n production, refining, distribution, and marketing of gasoline \n and other petroleum-related products; and\n (3) prevent the accumulation and exercise of market power \n by oil companies.\n\nSEC. 3. BURDEN OF PROOF.\n\n Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at \nthe end the following:\n ``In any civil action brought against any person for violating this \nsection in which the plaintiff--\n ``(1) alleges that the effect of a merger, acquisition, or \n other transaction affecting commerce may be to substantially \n lessen competition, or to tend to create a monopoly, in the \n business of exploring for, producing, refining, or otherwise \n processing, storing, marketing, selling, or otherwise making \n available petroleum, oil, or natural gas, or products derived \n from petroleum, oil, or natural gas; and\n ``(2) establishes that a merger, acquisition, or \n transaction is between or involves persons competing in the \n business of exploring for, producing, refining, or otherwise \n processing, storing, marketing, selling, or otherwise making \n available petroleum, oil, or natural gas, or products derived \n from petroleum, oil, or natural gas;\nthe burden of proof shall be on the defendant or defendants to \nestablish by a preponderance of the evidence that the merger, \nacquisition, or transaction at issue will not substantially lessen \ncompetition or tend to create a monopoly.''.\n\nSEC. 4. ENSURING FULL AND FREE COMPETITION.\n\n (a) Review.--The Federal Trade Commission and the Antitrust \nDivision of the Department of Justice shall jointly review and revise \nall enforcement guidelines and policies, including the Horizontal \nMerger Guidelines issued April 2, 1992 and revised April 8, 1997, and \nthe Non-Horizontal Merger Guidelines issued June 14, 1984, and modify \nthose guidelines in order to--\n (1) specifically address mergers and acquisitions in oil \n companies and among companies involved in the production, \n refining, distribution, or marketing of oil, gasoline, natural \n gas, heating oil, or other petroleum-related products; and\n (2) ensure that the application of these guidelines will \n prevent any merger and acquisition in the oil industry, when \n the effect of such a merger or acquisition may be to \n substantially lessen competition, or to tend to create a \n monopoly, and reflect the special conditions prevailing in the \n oil industry described in subsection (b).\n (b) Special Conditions.--The guidelines described in subsection (a) \nshall be revised to take into account the special conditions prevailing \nin the oil industry, including--\n (1) the high inelasticity of demand for oil and petroleum-\n related products;\n (2) the ease of gaining market power in the oil industry;\n (3) supply and refining capacity limits in the oil \n industry;\n (4) difficulties of market entry in the oil industry; and\n (5) unique regulatory requirements applying to the oil \n industry.\n (c) Competition.--The review and revision of the enforcement \nguidelines required by this section shall be completed not later than 6 \nmonths after the date of enactment of this Act.\n (d) Report.--Not later than 6 months after the date of enactment of \nthis Act, the Federal Trade Commission and the Antitrust Division of \nthe Department of Justice shall jointly report to the Committee on the \nJudiciary of the Senate and the Committee on the Judiciary of the House \nof Representatives regarding the review and revision of the enforcement \nguidelines mandated by this section.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Oil industry.--The term ``oil industry'' means \n companies and persons involved in the production, refining, \n distribution, or marketing of oil or petroleum-based products.\n (2) Petroleum-based product.--The term ``petroleum-based \n product'' means gasoline, diesel fuel, jet fuel, home heating \n oil, natural gas, or other products derived from the refining \n of oil or petroleum.","summary":"Oil Industry Merger Antitrust Enforcement Act - Amends the Clayton Act to require, in any civil action in which the plaintiff alleges that the effect of a merger, acquisition, or other transaction (transaction) may be to substantially lessen competition or to create a monopoly in the business of exploring for, producing, refining, marketing, or selling petroleum, oil, natural gas, or their related products and that establishes that the transaction involves competitors in that business, the burden of proof shall be on the defendant to establish that such transaction will not substantially lessen competition or create a monopoly. Directs the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice to jointly review and revise applicable enforcement guidelines and policies in order to: (1) specifically address the above transactions. And (2) ensure that the guidelines will prevent any transaction which substantially lessens competition or creates a monopoly.","title":"A bill to prevent anti-competitive mergers and acquisitions in the oil and gas industry.","text_len":6226,"sum_len":999} {"bill_id":"114_hr5365","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Muhammad Ali Expansion Act''.\n\nSEC. 2. INCLUSION OF MIXED MARTIAL ARTS FIGHTERS.\n\n (a) Definitions.--Section 2 of the Professional Boxing Safety Act \nof 1996 (15 U.S.C. 6301) is amended--\n (1) by redesignating paragraphs (4) through (15) as \n paragraphs (5), (6), (7), (9), (10), (11), (12), (13), (14), \n (15), (16), and (17), respectively;\n (2) by inserting after paragraph (3) the following:\n ``(4) Fighter.--The term `fighter' means an individual who \n fights in a professional mixed martial arts competition or \n other professional combat sport competition.'';\n (3) by inserting after paragraph (7), as so redesignated, \n the following:\n ``(8) Combat sport competition.--The term `combat sport \n competition' means a professional fight that allows fighters to \n use one or more forms of martial arts, including mixed martial \n arts. Such term does not include--\n ``(A) a combat sport that allows the use of a \n weapon or foreign object; or\n ``(B) a competition that is regulated by an amateur \n sports organization.''; and\n (4) by adding at the end the following:\n ``(18) Mixed martial arts.--The term `mixed martial arts' \n means a full-contact combat sport that allows fighters to use \n both striking and grappling techniques, and both standing and \n on the ground, from a variety of other combat sports and \n martial arts.''.\n (b) Conforming Amendments.--\n (1) Sections 3 through 21 (other than section 20) of the \n Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.) \n are amended--\n (A) by inserting ``or fighter'' after ``boxer'' \n each place it appears;\n (B) by inserting ``and fighters'' after ``boxers'' \n each place it appears;\n (C) by inserting ``or combat sport competition'' \n after ``boxing match'' each place it appears;\n (D) by inserting ``and combat sport competitions'' \n after ``boxing matches'' each place it appears;\n (E) by inserting ``or competition'' after ``the \n match'' each place it appears; and\n (F) by striking ``boxing service provider'' and \n inserting ``boxing or combat sport service provider''.\n (2) Section 2 of such Act (15 U.S.C. 6301) is further \n amended--\n (A) in paragraph (2), by inserting ``and combat \n sport competitions'' after ``professional boxing \n matches'';\n (B) in paragraphs (3), (6), and (14), by inserting \n ``and fighters'' after ``boxers'' each place it \n appears;\n (C) in paragraphs (4), (11), and (13), by inserting \n ``or fighter'' after ``boxer'' each place it appears;\n (D) in paragraphs (6), (9), and (14), by inserting \n ``or combat sport competition'' after ``professional \n boxing match'' each place it appears;\n (E) in paragraph (9), by inserting ``or \n competition'' after ``the match'' each place it \n appears;\n (F) in paragraphs (12) and (13), by striking \n ``boxing service provider'' and inserting ``boxing or \n combat sport service provider''; and\n (G) in paragraph (15) by inserting ``or combat \n sports'' after ``boxing''.\n (3) Section 3(2) of such Act (15 U.S.C. 6302(2)) is further \n amended by inserting ``and professional combat sports \n industry'' after ``professional boxing industry''.\n (4) Section 4(a) of such Act (15 U.S.C. 6303(a)) is further \n amended by inserting ``and combat sport regulations'' after \n ``professional boxing regulations''.\n (5) Section 6(c) of such Act (15 U.S.C. 6305(c)) is further \n amended by inserting ``and fighting'' after ``risk associated \n with boxing''.\n (6) Section 7(a)(2) of such Act (15 U.S.C. 6306(a)(2)) is \n further amended by inserting ``or compete'' after ``box''.\n (7) Section 9 of such Act is further amended--\n (A) by striking ``Within 2'' and inserting the \n following:\n ``(a) Boxing Contracts.--Within 2''; and\n (B) by adding at the end the following:\n ``(b) Combat Sports Contracts.--Not later than 2 years after the \ndate of enactment of the Muhammad Ali Expansion Act, the Association of \nBoxing Commissions (ABC) shall develop and shall approve by a vote of \nno less than a majority of its member State boxing commissioners, \nguidelines for minimum contractual provisions that should be included \nin bout agreements and mixed martial arts and other combat sport \ncontracts. It is the sense of the Congress that State boxing \ncommissions should follow these ABC guidelines.''.\n (8) Section 10(a) of such Act is further amended--\n (A) in paragraph (1)(B), by inserting ``or \n fighter's'' after ``boxer's''; and\n (B) in paragraph (2)--\n (i) by striking ``This subsection'' and \n inserting ``With respect to boxing contracts, \n this subsection''; and\n (ii) by adding at the end the following: \n ``With respect to mixed martial arts and other \n combat sport contracts, this subsection shall \n only apply to contracts entered into after the \n date of the enactment of the Muhammad Ali \n Expansion Act.''.\n (9) Section 11 of such Act is further amended--\n (A) in subsection (a)--\n (i) by striking ``Within 2'' and inserting \n the following:\n ``(1) Boxing contracts.--Within 2''; and\n (ii) by adding at the end the following:\n ``(2) Combat sports.--Not later than 2 years after the date \n of the enactment of the Muhammad Ali Expansion Act, the \n Association of Boxing Commissions shall develop and shall \n approve by a vote of no less than a majority of its member \n State boxing commissioners, guidelines for objective and \n consistent written criteria for the ratings of mixed martial \n arts and other combat sports. It is the sense of the Congress \n that sanctioning bodies and State boxing commissions should \n follow these ABC guidelines.''; and\n (B) in subsection (d)(1)(C) is amended by striking \n ``boxer's rating'' and inserting ``boxer or fighter's \n rating''.\n (10) Section 13 of such Act is further amended--\n (A) in subsection (a), by striking ``boxer's \n purse'' and inserting ``boxer or fighter's purse''; and\n (B) in subsection (b), by striking ``boxer's \n purse'' and inserting ``boxer or fighter's purse''.\n (11) Section 17(b)(2)(B) of such Act (15 U.S.C. \n 6308(b)(2)(B)) is further amended by inserting ``, and fighters \n participating in a mixed martial arts competition or other \n combat sport competition scheduled for 11 minutes or more'' \n after ``10 rounds or more''.\n (12) Section 18(b)(3) of such Act (15 U.S.C. 6309(b)(3)) is \n further amended by inserting ``or combat sport'' after ``State \n boxing''.","summary":"Muhammad Ali Expansion Act This bill amends the Professional Boxing Safety Act of 1996 to: (1) establish definitions for fighter, combat sport competition, and mixed martial arts. And (2) include individuals who fight in a professional mixed martial arts competition or other professional combat sport competition, such competitions, and the professional combat sports industry within the scope of such Act. The bill requires the Association of Boxing Commissions, within two years after enactment of this bill, to establish: (1) guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts, and (2) guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. The bill applies conflict of interest provisions that prohibit a promoter from having a financial interest in the management of a boxer, or a manager from having a financial interest in the promotion of a boxer, to fighters participating in a mixed martial arts or other combat sport competition scheduled for 11 minutes or more.","title":"Muhammad Ali Expansion Act","text_len":7952,"sum_len":1133} {"bill_id":"107_hr2571","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Smaller Schools, Stronger \nCommunities Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since World War II, the conventional wisdom among \n educators has been that larger schools are better than smaller \n schools, and as a result the number of secondary schools in the \n United States has declined by 70 percent and the average school \n size has grown to 5 times the previous average size. According \n to the Department of Education, 70 percent of high school \n students in 2000 attended schools with more than 1,000 \n students.\n (2) Over the past few years, educators have begun to \n question the belief that larger schools are always better. The \n National Association of Secondary School Principals recently \n recommended that the high school of the 21st century be much \n more student-centered and, above all, much more personalized in \n programs, support services, and intellectual rigor. Underlying \n this recommendation are the Association's beliefs that students \n take more interest in school when they have a sense of \n belonging and that students benefit from a more intimate \n setting in which their presence is more readily and repeatedly \n acknowledged.\n (3) The National Association of Secondary School Principals \n warns that the ``bigness'' of high schools shrouds many young \n people in what the Association calls ``a cloak of anonymity''. \n To counteract this effect, the Association recommends that high \n schools--\n (A) restructure their layouts and schedules so that \n students are no longer invisible and able to ``melt \n into their surroundings'';\n (B) limit their enrollments to units of not more \n than 600 students, either by constructing new buildings \n or by creating schools-within-a-school; and\n (C) change the relationship between teachers and \n students by reducing the number of class changes \n students are required to make each day and by allowing \n teachers to spend more time with smaller numbers of \n students.\n (4) Research shows that larger schools tend to stratify \n students into different tracks, which are often based on \n children's educational and social backgrounds. The result is \n inequitable educational outcomes, because at larger schools the \n gap between the educational achievement of high-achieving and \n low-achieving students is greater than at smaller schools.\n (5) Research shows that--\n (A) in smaller, more personalized, and less \n bureaucratic schools, the gap between high-achieving \n and low-achieving students is smaller;\n (B) students in smaller schools perform better in \n the core subjects of reading, mathematics, history, and \n science;\n (C) students in smaller schools are more engaged in \n their courses;\n (D) smaller schools have higher attendance rates \n and higher rates of participation in school activities; \n and\n (E) because achievement levels in smaller schools \n are more equitably distributed, students who come from \n more disadvantaged economic and educational backgrounds \n show the greatest achievement gains in smaller schools.\n (6) In 2000, the Bank Street College of Education conducted \n a study, entitled ``Small Schools: Great Strides'', of more \n than 150 small schools in Chicago, Illinois. In the study, \n researchers found the following:\n (A) Small schools generated measurable benefits \n (including higher attendance rates, grade point \n averages, and graduation rates) even among the most \n academically disadvantaged students.\n (B) Teachers and parents reported greater \n satisfaction with small schools.\n (C) Teachers found that small schools offer a \n stronger, more collaborative professional learning \n community and provide opportunities to know students \n better and to take greater responsibility for their \n achievement.\n (D) Parents found that small schools are more \n accessible, more responsive, and safer.\n (7) According to a recent study of 13,600 schools in \n Georgia, Montana, Ohio, and Texas--\n (A) in smaller schools the harmful effects of \n poverty on student achievement were greatly reduced; \n and\n (B) in poorer Texas communities, larger schools had \n significantly lower test scores than smaller schools.\n (8) Research shows that smaller schools are safer and that \n students in smaller schools are less likely to join gangs. \n According to the 1999 report entitled ``Indicators of School \n Crime and Safety'' issued by the National Center for Education \n Statistics and the Bureau of Justice Statistics--\n (A) the number of criminal acts committed at school \n and number of incidents of school violence were much \n lower in schools enrolling between 300 to 1,000 \n students than in larger schools regardless of location \n in urban, suburban, or rural areas; and\n (B) on the urban fringe, at schools within \n metropolitan areas but not in the areas' central \n cities, larger schools experienced as many as 4 times \n as many incidents of serious violence per 1,000 \n students than smaller schools.\n (9) Many States and local educational agencies are \n implementing strategies to reduce the size of their schools, \n including Florida, where in 2000 Governor Jeb Bush signed a \n school safety bill that required new schools to serve smaller \n student populations. The legislation limited new high schools \n to 900 students.\n\nSEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM.\n\n Section 10105 of the Elementary and Secondary Education Act of 1965 \n(20 U.S.C. 8005) is amended to read as follows:\n\n``SEC. 10105. SMALLER LEARNING COMMUNITIES.\n\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) School.--The term `school' means an elementary school \n or a secondary school.\n ``(2) School-within-a-school.--The term `school-within-a-\n school' means a unit within a school that creates a close and \n consistent academic and administrative relationship between a \n group of students and a group of teachers such that the unit \n functions as an individualized smaller school, regardless of \n how many such schools-within-a-school exist within the larger \n school.\n ``(3) Smaller learning community.--The term `smaller \n learning community' means--\n ``(A) an independent, small school within a single \n building;\n ``(B) a school-within-a-school; or\n ``(C) any other grouping of students, teachers, or \n administrators that uses effective or innovative \n strategies to create a more personalized school \n experience for students to improve student achievement \n or performance, including but not limited to strategies \n that make use of--\n ``(i) career academies or clusters;\n ``(ii) magnet schools;\n ``(iii) restructured daily or school-year \n schedules; or\n ``(iv) mentoring systems, such as personal \n adult advocates or teacher advisory systems.\n ``(b) Authority To Make Grants.--In accordance with this section, \nthe Secretary may--\n ``(1) make grants to local educational agencies to enable \n such agencies to develop plans to create smaller learning \n communities; and\n ``(2) make grants to local educational agencies to enable \n such agencies to implement plans to establish such communities.\n ``(c) Application.--\n ``(1) In general.--In accordance with this subsection, the \n Secretary shall require that each local educational agency \n seeking a grant under this section shall submit an application \n to the Secretary at such time, in such manner, and accompanied \n by such information as the Secretary may require.\n ``(2) Simple, brief application.--In developing \n applications for the grants described in subsection (b), the \n Secretary shall develop an application that is simple and brief \n in form.\n ``(3) Planning grants.--Each application from a local \n educational agency for a grant under subsection (b)(1) shall \n include information relating to each of the following:\n ``(A) The need in the area administered by the \n local educational agency for 1 or more smaller learning \n communities.\n ``(B) The process the local educational agency \n intends to follow in establishing 1 or more smaller \n learning communities.\n ``(C) The steps the local educational agency \n intends to follow in order to ensure the viability of \n each smaller learning community to be assisted with the \n grant.\n ``(D) For each smaller learning community to be \n assisted with the grant, the non-Federal resources that \n will be available to the local educational agency from \n each of the following:\n ``(i) Any existing school at which the \n smaller learning community will be located.\n ``(ii) The school district, or area \n administered by the local educational agency, \n in which the smaller learning community will be \n located.\n ``(4) Implementation grants.--Each application from a local \n educational agency for a grant under subsection (b)(2) shall \n include information relating to each of the following:\n ``(A) The strategies and methods the local \n educational agency intends to use to create each \n smaller learning community.\n ``(B) The curriculum and instructional practices, \n including any particular themes or emphases, to be used \n in the learning environment.\n ``(C) The degree of involvement of teachers, and \n other school personnel, in investigating, designing, \n implementing, and sustaining each smaller learning \n community.\n ``(D) The process to be used for involving \n students, parents, and other stakeholders in the \n development and implementation of each smaller learning \n community.\n ``(E) Any cooperation or collaboration among \n community agencies, organizations, businesses, and \n others to develop or implement a plan to create each \n smaller learning community.\n ``(F) The training and professional development \n activities that will be offered to teachers and others \ninvolved in the activities for which the grant is sought.\n ``(G) The goals and objectives of the activities \n for which the grant is sought, including a description \n of how such activities will better enable all students \n to reach challenging State content standards and State \n student performance standards.\n ``(H) The methods by which the local educational \n agency will assess progress in meeting the goals and \n objectives described in subparagraph (G).\n ``(I) With respect to any smaller learning \n community that will be a school-within-a-school, the \n relationship, including governance and administration, \n between the smaller learning community and the rest of \n the school.\n ``(J) The administrative and managerial \n relationship between the local educational agency and \n each smaller learning community, including how such \n agency intends to ensure the continuity of the smaller \n learning community and the continuity of student and \n teacher assignment to such community.\n ``(K) How the local educational agency intends to \n coordinate the use of the proceeds of the grant with \n the use of other funds provided under this Act or under \n other Federal laws.\n ``(L) The grade levels or ages of students who will \n participate in each smaller learning community.\n ``(M) The method of placing students in each \n smaller learning community.\n ``(d) Use of Grant Funds.--\n ``(1) Planning grants.--The proceeds of a grant made under \n subsection (b)(1) may be used for any of the following:\n ``(A) Study of the feasibility of creating a \n smaller learning community.\n ``(B) Study of effective and innovative \n organizational and instructional strategies for use in \n 1 or more smaller learning communities.\n ``(C) Research on and development of strategies for \n creating 1 or more smaller learning communities.\n ``(D) Research on and development of, for 1 or more \n smaller learning communities, effective and innovative \n curriculums and methods of instruction designed to meet \n high State content standards and State student \n performance standards.\n ``(E) Provision of professional development in \n innovative teaching methods that challenge and engage \n students to the staff of 1 or more smaller learning \n communities.\n ``(F) Development of strategies for the \n participation in 1 or more smaller learning communities \n of parents, business representatives, local \n institutions of higher education, community-based \n organizations, and other community members, as \n facilitators of activities that provide professional \n development for teachers or that provide links between \n students and their local community.\n ``(G) Any other reasonable expense, including \n architectural fees to design or remodel school \n facilities, but not including the costs directly \n associated with the renovation of existing facilities \n or the purchase or construction of new facilities.\n ``(2) Implementation grants.--The proceeds of a grant made \n under subsection (b)(2) may be used for any of the following:\n ``(A) Implementing strategies for creating 1 or \n more smaller learning communities.\n ``(B) Implementing within 1 or more smaller \n learning communities effective and innovative \n curriculums and methods of instruction designed to meet \n high State content standards and State student \n performance standards.\n ``(C) Implementing strategies for the participation \n in 1 or more smaller learning communities of parents, \n business representatives, local institutions of higher \n education, community-based organizations, and other \n community members, as facilitators of activities that \n provide professional development for teachers or that \n provide links between students and their local \n community.\n ``(D) Any other reasonable expense, including \n architectural fees to design or remodel school \n facilities, but not including the costs directly \n associated with the renovation of existing facilities \n or the purchase or construction of new facilities.\n ``(e) Equitable Distribution.--In making grants under this section, \nthe Secretary shall ensure that the recipients of grants under \nsubsection (b)(1) and the recipients of grants under subsection (b)(2) \nare equitably distributed among urban, suburban, and rural areas of the \nUnited States.\n ``(f) Report to the Secretary.--The Secretary shall require as a \ncondition of receipt of each grant under this section that the grant \nrecipient transmit to the Secretary a report on how the proceeds of the \ngrant were used.\n ``(g) Additional Authority.--To further assist local educational \nagencies with respect to planning for or implementation of smaller \nlearning communities, the Secretary may--\n ``(1) provide technical assistance to such local \n educational agencies ; and\n ``(2) participate in networking activities.\n ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary \nmay use not more than a total of 5 percent of the amount authorized \nunder subsection (j) for--\n ``(1) evaluation of the program authorized by this section;\n ``(2) the provision of technical assistance under \n subsection (g)(1); and\n ``(3) networking activities under subsection (g)(2).\n ``(i) Study.--The Secretary shall conduct a study to--\n ``(1) build on existing research in the smaller learning \n communities field;\n ``(2) evaluate and compare outcomes at various types of \n smaller learning communities, including smaller learning \n communities in urban, suburban, and rural school districts; and\n ``(3) track the effectiveness of smaller learning \n communities.\n ``(j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $200,000,000 for fiscal year \n2002 and such sums as may be necessary for the 4 succeeding fiscal \nyears.''.","summary":"Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities.","title":"To amend section 10105 of the Elementary and Secondary Education Act of 1965 to provide for a smaller learning communities grant program.","text_len":19376,"sum_len":257} {"bill_id":"106_s1514","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Anti-Corruption Act of \n1999''.\n\nSEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE.\n\n (a) Report and Certification.--\n (1) In general.--Not later than March 1 of each year, the \n President shall submit to the appropriate committees a \n certification described in paragraph (2) and a report for each \n country that received foreign assistance under part I of the \n Foreign Assistance Act of 1961 during the fiscal year. The \n report shall describe the extent to which each such country is \n making progress with respect to the following economic \n indicators:\n (A) Implementation of comprehensive economic \n reform, based on market principles, private ownership, \n equitable treatment of foreign private investment, \n adoption of a legal and policy framework necessary for \n such reform, protection of intellectual property \n rights, and respect for contracts.\n (B) Elimination of corrupt trade practices by \n private persons and government officials.\n (C) Moving toward integration into the world \n economy.\n (2) Certification.--The certification described in this \n paragraph means a certification as to whether, based on the \n economic indicators described in subparagraphs (A) through (C) \n of paragraph (1), each country is--\n (A) conducive to United States business;\n (B) not conducive to United States business; or\n (C) hostile to United States business.\n (b) Limitations on Assistance.--\n (1) Countries hostile to united states business.--\n (A) General limitation.--Beginning on the date the \n certification described in subsection (a) is \n submitted--\n (i) none of the funds made available for \n assistance under part I of the Foreign \n Assistance Act of 1961 (including unobligated \n balances of prior appropriations) may be made \n available for the government of a country that \n is certified as hostile to United States \n business pursuant to such subsection (a); and\n (ii) the Secretary of the Treasury shall \n instruct the United States Executive Director \n of each multilateral development bank to vote \n against any loan or other utilization of the \n funds of such institution to or by any country \n with respect to which a certification described \n in clause (i) has been made.\n (B) Duration of limitations.--Except as provided in \n subsection (c), the limitations described in clauses \n (i) and (ii) of subparagraph (A) shall apply with \n respect to a country that is certified as hostile to \n United States business pursuant to subsection (a) until \n the President certifies to the appropriate committees \n that the country is making significant progress in \n implementing the economic indicators described in \n subsection (a)(1) and is no longer hostile to United \n States business.\n (2) Countries not conducive to united states business.--\n (A) Probationary period.--A country that is \n certified as not conducive to United States business \n pursuant to subsection (a), shall be considered to be \n on probation beginning on the date of such \n certification.\n (B) Required improvement.--Unless the President \n certifies to the appropriate committees that the \n country is making significant progress in implementing \n the economic indicators described in subsection (a) and \n is committed to being conducive to United States \n business, beginning on the first day of the fiscal year \n following the fiscal year in which a country is \n certified as not conducive to United States business \n pursuant to subsection (a)(2)--\n (i) none of the funds made available for \n assistance under part I of the Foreign \n Assistance Act of 1961 (including unobligated \n balances of prior appropriations) may be made \n available for the government of such country; \n and\n (ii) the Secretary of the Treasury shall \n instruct the United States Executive Director \n of each multilateral development bank to vote \n against any loan or other utilization of the \n funds of such institution to or by any country \n with respect to which a certification described \n in subparagraph (A) has been made.\n (C) Duration of limitations.--Except as provided in \n subsection (c), the limitations described in clauses \n (i) and (ii) of subparagraph (B) shall apply with \n respect to a country that is certified as not conducive \n to United States business pursuant to subsection (a) \n until the President certifies to the appropriate \n committees that the country is making significant \n progress in implementing the economic indicators \n described in subsection (a)(1) and is conducive to \n United States business.\n (c) Exceptions.--\n (1) National security interest.--Subsection (b) shall not \n apply with respect to a country described in subsection (b) (1) \n or (2) if the President determines with respect to such country \n that making such funds available is important to the national \n security interest of the United States. Any such determination \n shall cease to be effective 6 months after being made unless \n the President determines that its continuation is important to \n the national security interest of the United States.\n (2) Other exceptions.--Subsection (b) shall not apply with \n respect to--\n (A) assistance to meet urgent humanitarian needs \n (including providing food, medicine, disaster, and \n refugee relief);\n (B) democratic political reform and rule of law \n activities;\n (C) the creation of private sector and \n nongovernmental organizations that are independent of \n government control; and\n (D) the development of a free market economic \n system.\n\nSEC. 3. TOLL-FREE NUMBER.\n\n The Secretary of Commerce shall make available a toll-free \ntelephone number for reporting by members of the public and United \nStates businesses on the progress that countries receiving foreign \nassistance are making in implementing the economic indicators described \nin section 2(a)(1). The information obtained from the toll-free \ntelephone reporting shall be included in the report required by section \n2(a).\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Appropriate committees.--The term ``appropriate \n committees'' means the Committee on International Relations of \n the House of Representatives and the Committee on Foreign \n Relations of the Senate.\n (2) Multilateral development bank.--The term ``multilateral \n development bank'' means the International Bank for \n Reconstruction and Development, the International Development \n Association, and the European Bank for Reconstruction and \n Development.","summary":"Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators. (2) eliminating corrupt trade practices by private persons and government officials. And (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.","title":"International Anti-Corruption Act of 1999","text_len":8340,"sum_len":594} {"bill_id":"112_hr4141","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Food Assistance \nImprovement Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) For more than 55 years the United States, backed by the \n support of the American people, has been committed to providing \n life-saving food assistance to developing countries and \n vulnerable populations around the world.\n (2) As the largest donor of international food assistance, \n an essential tool in tackling malnutrition, the United States \n can lead the way in improving food aid quality to better target \n undernourished women and children.\n (3) The United States contributes over one-half of all food \n aid supplies to alleviate hunger and support development and \n plays an important role in responding to emergency food aid \n needs and ensuring global food security.\n (4) Over the past decade, increasing food prices and \n protracted humanitarian crises around the world have made \n United States food assistance even more critical and relevant. \n At the same time, these factors, combined with advancements in \n nutrition science, as well as severe and ongoing fiscal \n constraints, have led to an increased demand by policymakers \n and program implementers for new specially formulated and cost-\n effective products to meet the nutritional needs of the world's \n most vulnerable populations.\n (5) While United States food assistance is effective in \n providing critical calories and nutrients to millions of people \n during short-term emergencies, the long-term impacts of these \n programs have also been increasingly called into question for \n not meeting the nutritional needs of recipient populations.\n (6) Reducing maternal and child malnutrition, especially in \n the critical 1,000 days between pregnancy and age 2, is a key \n priority of United States global food security and health \n initiatives, including food aid.\n (7) Recent reports by the Government Accountability Office \n and the United States Agency for International Development \n recommended over 35 changes to United States food aid products \n and programs to improve the nutritional quality, quality \n control, and cost effectiveness of United States food \n assistance.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) even in this time of fiscal austerity, the American \n people support the United States Government's historic \n commitment to providing life-saving food assistance to the \n world's most vulnerable populations;\n (2) high food prices, coupled with growing constraints on \n available resources for foreign assistance require the United \n States Government to focus on creating efficiencies, improving \n quality controls, and maximizing cost-effectiveness and \n nutritional impact of United States food assistance programs;\n (3) improving maternal and child health with supplemental \n nutrition products is a central objective of international food \n assistance programs; and\n (4) the United States has shown considerable leadership in \n meeting the nutrition needs of pregnant women and small \n children through the 1,000 Days Partnership to support the \n Scaling Up Nutrition (SUN) movement.\n\nSEC. 4. PROVISION OF AGRICULTURAL COMMODITIES.\n\n Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is \namended by striking paragraph (1) and inserting the following:\n ``(1) In general.--The Administrator shall use funds made \n available in fiscal year 2012 and subsequent fiscal years to \n carry out this title to improve the nutritional quality of \n United States food assistance, particularly for vulnerable \n groups such as pregnant and lactating mothers, children under \n the age of five, with a focus on the cost-effective 1,000 days \n between pregnancy and age 2, when appropriate, and \n beneficiaries under the President's Emergency Fund for AIDS \n Relief in Africa (PEPFAR), including by--\n ``(A) adopting new specifications or improving \n existing specifications for micronutrient fortified \n food aid products, based on the latest developments in \n food and nutrition science;\n ``(B) strengthening necessary systems to better \n assess the types and quality of agricultural \n commodities and products donated for food assistance;\n ``(C) adjusting products and formulations, \n including potential introduction of new fortificants \n and products, as necessary to cost effectively meet \n nutrient needs of target populations;\n ``(D) testing prototypes;\n ``(E) developing new program guidance to facilitate \n improved matching of products to purposes having \n nutritional intent, including an updated commodity \n reference guide and decision tools;\n ``(F) developing enhanced guidance, in coordination \n with the Coordinator of United States Government \n Activities to Combat HIV\/AIDS Globally and PEPFAR, to \n support the allocation of food commodities and products \n for nutrition support in HIV programming, using \n standardized indicators of impact;\n ``(G) providing improved guidance to implementing \n partners on how to address nutritional deficiencies \n that emerge among recipients for whom food assistance \n is the sole source of diet in emergency programs that \n extend beyond one year;\n ``(H) considering options for using United States-\n produced food fortification packages, including vitamin \n and mineral mixes, to fortify local foods in recipient \n countries, as appropriate; and\n ``(I) evaluating, in appropriate program settings \n and as necessary, the performance and cost-\n effectiveness of new or modified specialized food \n products and program approaches designed to meet the \n nutritional needs of the most vulnerable groups.''.\n\nSEC. 5. FOOD AID CONSULTATIVE GROUP.\n\n (a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C. \n1725(b)) is amended--\n (1) in paragraph (6), by striking ``and'' at the end;\n (2) in paragraph (7), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(8) nutrition science experts from academia and \n nongovernmental organizations.''.\n (b) Coordination and Oversight.--Section 205 of the Food for Peace \nAct (7 U.S.C. 1725) is amended--\n (1) by redesignating subsections (d), (e), and (f) as \n subsections (e), (f), and (g), respectively; and\n (2) by inserting after subsection (c) the following:\n ``(d) Coordination and Oversight.--\n ``(1) In general.--The Administrator shall work within the \n Group to take the actions described in paragraph (2) to \n increase coordination and oversight of food assistance programs \n established and implemented under this Act, with a primary \n focus on improving quality control and cost effectiveness.\n ``(2) Actions described.--The actions referred to in \n paragraph (1) are the following:\n ``(A) Explore and test options for improved \n packaging and storage of products to improve shelf \n life, promote recommended usage by intended \n beneficiaries, and oversee field-testing of products.\n ``(B) Work closely with the Department of \n Agriculture, to undertake reforms in commodity \n acquisition and supply chain management, drawing on \n best commercial practices for vendor selection, quality \n assurance standards, overall management of the supply \n chain, and auditing of food aid commodity suppliers.\n ``(C) Develop mechanisms and partnerships to \n facilitate more private sector development and \n innovation in food aid products, packaging, and \n delivery in order to improve the cost-effectiveness, \n nutritional quality, and overall acceptability of the \n product.\n ``(D) Provide guidance to implementing partners on \n whether and how best to use food aid commodities, such \n as new specialized food products, including guidance on \n targeting strategies to ensure that the products reach \n their intended recipients.\n ``(E) As appropriate, work to strengthen monitoring \n of commodity quality by identifying and tracking key \n quality indicators to determine the full extent of \n quality problems, including emerging concerns.\n ``(F) Establish processes and system-wide protocols \n for effective monitoring and evaluation of impact, to \n inform improved program design and address improving \n cost-effectiveness.''.\n\nSEC. 6. STRATEGY AND REPORT.\n\n (a) Strategy.--The Administrator shall ensure that any United \nStates Government strategy relating to global food security includes a \ndescription of how food assistance programs carried out under the Food \nfor Peace Act will contribute to, and be integrated with, such \nstrategy.\n (b) Report.--The Administrator shall ensure that comprehensive \ninformation regarding budgets and expenditures, monitoring and \nevaluation, policy, and coordination of food assistance programs \ncarried out under the Food for Peace Act is included, as appropriate, \nin relevant reports submitted to Congress pursuant to the Foreign \nAssistance Act of 1961 and Acts making appropriations for the \nDepartment of State, foreign operations, and related programs.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the United States Agency for International \n Development.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs and the \n Committee on Appropriations of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate.\n\nSEC. 8. FUNDING.\n\n Nothing in this Act or any amendment made by this Act shall be \nconstrued to authorize the appropriation of amounts to carry out this \nAct or any amendment made by this Act.","summary":"International Food Assistance Improvement Act of 2012 - Amends the Food for Peace Act to direct the Administrator of the US Agency for International Development (USAID) to: (1) improve the nutritional quality of US food assistance, particularly for groups such as pregnant and lactating mothers, children under the age of five, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa. And (2) work within the Food Aid Consultative Group to increase coordination and oversight of food assistance programs.","title":"To direct the Administrator of the United States Agency for International Development to take appropriate actions to improve the nutritional quality, quality control, and cost effectiveness of United States food assistance, and for other purposes.","text_len":11434,"sum_len":529} {"bill_id":"103_hr3671","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Equity Act of 1993''.\n\nSEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX \n RATES.\n\n (a) General Rule.--Subsection (f) of section 1 of the Internal \nRevenue Code of 1986 (relating to adjustments in tax tables so that \ninflation will not result in tax increases) is amended by adding at the \nend thereof the following new paragraphs:\n ``(8) Regional cost-of-living adjustments.--\n ``(A) In general.--In the case of an individual, \n the rate table otherwise in effect under this section \n for any taxable year (determined after the application \n of paragraph (1)) shall be further adjusted as provided \n in subparagraph (B).\n ``(B) Method of making regional adjustment.--The \n rate table otherwise in effect under this section with \n respect to any individual for any taxable year shall be \n adjusted as follows:\n ``(i) The minimum and maximum dollar \n amounts otherwise in effect for each rate \n bracket shall be multiplied by the applicable \n multiplier (for the calendar year in which the \n taxable year begins) which applies to the \n statistical area in which the individual's \n primary place of abode during the taxable year \n is located.\n ``(ii) The rate applicable to any rate \n bracket (as adjusted by clause (i)) shall not \n be changed.\n ``(iii) The amount setting forth the tax \n shall be adjusted to the extent necessary to \n reflect the adjustments in the rate brackets.\n If any amount determined under clause (i) is not a \n multiple of $50, such amount shall be rounded to the \n nearest multiple of $50.\n ``(9) Determination of multipliers.--\n ``(A) In general.--Not later than December 15 of \n each calendar year, the Secretary shall prescribe an \n applicable multiplier for each statistical area of the \n United States which shall apply to taxable years \n beginning during the succeeding calendar year.\n ``(B) Determination of multipliers.--\n ``(i) For each statistical area where the \n cost-of-living differential for any calendar \n year is greater than 125 percent, the \n applicable multiplier for such calendar year is \n 90 percent of such differential.\n ``(ii) For each statistical area where the \n cost-of-living differential for any calendar \n year exceeds 97 percent but does not exceed 125 \n percent, the applicable multiplier for such \n calendar year is 1.05.\n (iii) For each statistical area not \n described in clause (i) or (ii), the applicable \n multiplier is the cost-of-living differential \n for the calendar year.\n ``(C) Cost-of-living differential.--The cost-of-\n living differential for any statistical area for any \n calendar year is the percentage determined by \n dividing--\n ``(i) the cost-of-living for such area for \n the preceding calendar year; by\n ``(ii) the average cost-of-living for the \n United States for the preceding calendar year.\n ``(D) Cost-of-living for area.--\n ``(i) In general.--For each calendar year \n beginning after 1993, the Secretary of Labor \n shall determine and publish a cost-of-living \n index for each statistical area.\n ``(ii) Methodology.--The cost-of-living \n index determined under clause (i) for any \n statistical area for any calendar year shall be \n based on average market prices for the area for \n the 12-month period ending on August 31 of such \n calendar year. The market prices taken into \n account under the preceding sentence shall be \n selected and used under the same methodology as \n is used by the Secretary of Labor in developing \n the Consumer Price Index for All Urban \n Consumers.\n ``(E) Statistical area.--For purposes of this \n subsection the term `statistical area' means\n ``(i) any metropolitan statistical area as \n defined by the Secretary of Commerce, and\n ``(ii) the portion of any State not within \n a metropolitan statistical area as so defined.\n ``(10) Areas outside the united states.--The area \n applicable multiplier for any area outside the United States \n shall be 1.''\n (b) Effective Date.--\n (1) In general.--The amendment made by this section shall \n apply to taxable years beginning after December 31, 1993.\n (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of \n the Internal Revenue Code (as added by this section), the date \n for prescribing applicable multipliers for taxable years \n beginning in calendar year 1994 shall be the date 1 year after \n the date of the enactment of this Act.","summary":"Tax Equity Act of 1993 - Amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates.","title":"Tax Equity Act of 1993","text_len":6132,"sum_len":140} {"bill_id":"105_hr1248","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Health Care Protection Act of \n1997''.\n\nSEC. 2. CLASSIFICATION AS RURAL REFERRAL CENTERS.\n\n (a) Prohibiting Denial of Request for Reclassification on Basis of \nComparability of Wages.--\n (1) In general.--Section 1886(d)(10)(D) of the Social \n Security Act (42 U.S.C. 1395ww(d)(10)(D)) is amended--\n (A) by redesignating clause (iii) as clause (iv); \n and\n (B) by inserting after clause (ii) the following \n new clause:\n ``(iii) Under the guidelines published by the Secretary under \nclause (i), in the case of a hospital which has ever been classified by \nthe Secretary as a rural referral center under paragraph (5)(C), the \nBoard may not reject the application of the hospital under this \nparagraph on the basis of any comparison between the average hourly \nwage of the hospital and the average hourly wage of hospitals in the \narea in which it is located.''.\n (2) Effective date.--Notwithstanding section \n 1886(d)(10)(C)(ii) of the Social Security Act, a hospital may \n submit an application to the Medicare Geographic Classification \n Review Board during the 60-day period beginning on the date of \n the enactment of this Act requesting a change in its \n classification for purposes of determining the area wage index \n applicable to the hospital under section 1886(d)(3)(D) of such \n Act for fiscal year 1998 if the hospital would be eligible for \n such a change in its classification under the standards \n described in section 1886(d)(10)(D) (as amended by paragraph \n (1)) but for its failure to meet the deadline for applications \n under section 1886(d)(10)(C)(ii).\n (3) Reference to budget neutrality provision.--For a \n requirement that the Secretary of Health and Human Services \n make a proportional adjustment in the Medicare standardized \n payment amounts for inpatient hospital services to assure that \n geographic reclassifications of hospitals resulting from this \n subsection do not result in an increase in aggregate payments \n under section 1886 of the Social Security Act, see subsection \n (d)(8)(D) of such section.\n (b) Continuing Treatment of Previously Designated Centers.--\n (1) In general.--Any hospital classified as a rural \n referral center by the Secretary of Health and Human Services \n under section 1886(d)(5)(C) of the Social Security Act for \n fiscal year 1991 shall be classified as such a rural referral \n center for fiscal year 1998 and each subsequent fiscal year.\n (2) Budget neutrality.--The provisions of section \n 1886(d)(8)(D) of the Social Security Act shall apply to \n reclassifications made pursuant to paragraph (1) in the same \n manner as such provisions apply to a reclassification under \n section 1886(d)(10) of such Act.\n\nSEC. 3. HOSPITAL GEOGRAPHIC RECLASSIFICATION PERMITTED FOR PURPOSES OF \n DISPROPORTIONATE SHARE PAYMENT ADJUSTMENTS.\n\n (a) In General.--Section 1886(d)(10)(C)(i) of the Social Security \nAct (42 U.S.C. 1395ww(d)(10)(C)(i)) is amended--\n (1) by striking ``or'' at the end of subclause (I);\n (2) by striking the period at the end of subclause (II) and \n inserting ``, or'';\n (3) by inserting after subclause (II) the following:\n ``(III) eligibility for and amount of additional payment \n amounts under paragraph (5)(F).''; and\n (4) by adding at the end the following:\n``Any application approved for purposes of subclause (I) for a fiscal \nyear is deemed to be approved for purposes of subclause (III) for that \nfiscal year.''.\n (b) Effective Date.--Notwithstanding section 1886(d)(10)(C)(ii) of \nthe Social Security Act, a hospital may submit an application to the \nMedicare Geographic Classification Review Board during the 60-day \nperiod beginning on the date of the enactment of this Act requesting a \nchange in its classification for purposes of determining the \ndisproportionate share hospital payment applicable to the hospital \nunder section 1886(d)(5)(F) of such Act for fiscal year 1998 if the \nhospital would be eligible for such a change in its classification \nunder the guidelines described in subsection (c) of this section but \nfor its failure to meet the deadline for applications under section \n1886(d)(10(C)(ii).\n (c) Applicable Guidelines.--Such Board shall apply the guidelines \nestablished for reclassification under subclause (I) of section \n1886(d)(10)(C)(i) of such Act to reclassification under subclause (III) \nof such section until the Secretary of Health and Human Services \npromulgates separate guidelines for reclassification under such \nsubclause (III).\n (d) Reference to Budget Neutrality Provision.--For a requirement \nthat the Secretary of Health and Human Services make a proportional \nadjustment in the medicare standardized payment amounts for inpatient \nhospital services to assure that geographic reclassifications of \nhospitals resulting from this section do not result in an increase in \naggregate payments under section 1886 of the Social Security Act, see \nsubsection (d)(8)(D) of such section.\n\nSEC. 4. PERMITTING REBASING OF PAYMENT FOR SOLE COMMUNITY HOSPITALS \n USING FISCAL YEARS 1994 AND 1995 COSTS.\n\n Section 1886(b)(3) of the Social Security Act (42 U.S.C. \n1395ww(b)(3)) is amended--\n (1) in subparagraph (C), by inserting ``subject to \n subparagraph (F),'' after ``subsection (d)(5)(D)(iii)),''; and\n (2) by adding at the end the following new subparagraph:\n ``(F) In applying subparagraph (C) with respect to discharges \noccurring in fiscal year 1998 and each subsequent fiscal year, in no \ncase shall the target amount for a hospital for fiscal year 1998 be \nless than the average of--\n ``(i) the allowable operating costs of inpatient hospital \n services recognized under this title for the hospital's 12-\n month cost reporting period (if any) beginning during fiscal \n year 1994 increased (in a compounded manner) by the applicable \n percentage increase under subparagraph (B)(iv) for each of \n fiscal years 1995, 1996, 1997, and 1998, and\n ``(ii) the allowable operating costs of inpatient hospital \n services recognized under this title for the hospital's 12-\n month cost reporting period (if any) beginning during fiscal \n year 1995 increased (in a compounded manner) by the applicable \n percentage increase under subparagraph (B)(iv) for each of \n fiscal years 1996, 1997, and 1998.''.","summary":"Rural Health Care Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to a hospital which has ever been classified as a rural referral center, to prohibit denial of a request for its reclassification on the basis of any comparison between its average hourly wage and the average hourly wages of hospitals in the area in which it is located. Declares that any hospital classified as a rural referral center by the Secretary of Health and Human Services for FY 1991 shall be so classified for FY 1998 and each subsequent fiscal year. Permits hospital geographic reclassification for purposes of disproportionate share payment adjustments. Permits rebasing of Medicare payment for sole community hospitals using FY 1994 and 1995 costs.","title":"Rural Health Care Protection Act of 1997","text_len":6839,"sum_len":776} {"bill_id":"107_hr5107","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Nutrition Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) senior citizens in the United States have significant \n out-of-pocket costs for medical expenses, especially for \n prescription drugs;\n (2) 3 in 5 Medicare beneficiaries do not have dependable, \n affordable, prescription drug coverage;\n (3) as medical costs continue to rise, many senior citizens \n are forced to make the difficult choice between purchasing \n prescription drugs and purchasing food;\n (4) the commodity supplemental food program provides \n supplemental nutritious foods to senior citizens in a number of \n States and localities;\n (5) under the commodity supplemental food program--\n (A) women, infants, and children with household \n incomes up to 185 percent of the Federal Poverty Income \n Guidelines published annually by the Department of \n Health and Human Services may be eligible for \n supplemental foods; but\n (B) senior citizens are ineligible for supplemental \n foods if their household incomes are greater than 130 \n percent of the Federal Poverty Income Guidelines;\n (6) during fiscal year 2000--\n (A) an average of more than 388,000 people each \n month participated in the commodity supplemental food \n program; and\n (B) the majority of those participants, 293,000, \n were senior citizens; and\n (7) in order to serve the neediest senior citizens, taking \n into account their high out-of-pocket medical (including \n prescription drug) expenses, the eligibility requirements for \n the commodity supplemental food program should be modified to \n make more senior citizens eligible for the supplemental foods \n provided under the program.\n\nSEC. 3. ELIGIBILITY OF ELDERLY PERSONS UNDER THE COMMODITY SUPPLEMENTAL \n FOOD PROGRAM.\n\n (a) In General.--Section 5 of the Agriculture and Consumer \nProtection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is \namended--\n (1) in the first sentence of subsection (d)(2)--\n (A) by striking ``provide not less'' and inserting \n ``provide, to the Secretary of Agriculture, not less'';\n (B) by inserting ``, or such greater quantities of \n cheese and nonfat dry milk as the Secretary determines \n are necessary,'' after ``nonfat dry milk''; and\n (C) by striking ``in each of the fiscal years 1991 \n through 2002 to the Secretary of Agriculture'' and \n inserting ``in each fiscal year'';\n (2) in subsection (i)--\n (A) by redesignating paragraphs (1), (2), and (3) \n as subparagraphs (A), (B), and (C), respectively, and \n indenting appropriately; and\n (B) by striking ``(i) Each'' and inserting the \n following:\n ``(i) Programs Serving Elderly Persons.--\n ``(1) Eligibility.--An elderly person shall be eligible to \n participate in a commodity supplemental food program serving \n elderly persons if the elderly person is at least 60 years of \n age and--\n ``(A) is eligible for food stamp benefits under the \n Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or\n ``(B) has a household income that is less than or \n equal to 185 percent of the most recent Federal Poverty \n Income Guidelines published by the Department of Health \n and Human Services.\n ``(2) Provision of information.--Each''; and\n (3) by adding at the end the following:\n ``(m) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n to carry out the commodity supplemental food program--\n ``(A) $120,000,000 for fiscal year 2003;\n ``(B) $140,000,000 for fiscal year 2004;\n ``(C) $160,000,000 for fiscal year 2005;\n ``(D) $180,000,000 for fiscal year 2006;\n ``(E) $200,000,000 for fiscal year 2007; and\n ``(F) such sums as are necessary for fiscal year \n 2008 and each fiscal year thereafter.\n ``(2) Limitation on use of funds.--None of the funds made \n available under paragraph (1) shall be available to reimburse \n the Commodity Credit Corporation for commodities donated to the \n commodity supplemental food program.''.\n (b) Conforming Amendments.--\n (1) Section 5(a) of the Agriculture and Consumer Protection \n Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended \n by striking ``Secretary (1) may'' and all that follows through \n ``(2) shall'' and inserting ``Secretary shall''.\n (2) Section 5(g) of the Agriculture and Consumer Protection \n Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended \n by striking ``(as defined by the Secretary)'' and inserting \n ``described in subsection (i)(1)''.","summary":"Senior Nutrition Act of 2002 - Amends the Agriculture and Consumer Protection Act of 1973 to make a person who is at least 60 years old eligible for the commodity supplemental food program (program) if such person: (1) is eligible for the food stamp program. Or (2) has a household income that is not more than 185 percent of the federal poverty income guidelines. Authorizes permanent program appropriations.","title":"To amend the Agriculture and Consumer Protection Act of 1973 to assist the neediest of senior citizens by modifying the eligibility criteria for supplemental foods provided under the commodity supplemental food program to take into account the extraordinarily high out-of-pocket medical expenses that senior citizens pay, and for other purposes.","text_len":5460,"sum_len":409} {"bill_id":"113_hr5698","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Secret Service \nAccountability and Improvement Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n (a) In General.--Congress finds the following:\n (1) Several recent failures have drawn negative attention \n to the protective mission of the United States Secret Service. \n Such key failures include lapses in responding appropriately to \n potential threats to the White House complex, United States \n Secret Service personnel exhibiting conduct that is unbecoming \n to the Service in several instances, and reports of United \n States Secret Service personnel misusing the authorities and \n resources of the Service.\n (2) For example, on September 19, 2014, an individual \n obtained unauthorized access to the White House. Such access \n was obtained after failures in five security layers by the \n United States Secret Service. In another example, on November \n 11, 2011, an individual fired multiple shots from a \n semiautomatic rifle at the White House complex. It was revealed \n that a total of seven bullets struck the exterior of the \n building. The Service failed to fully investigate the incident \n in a timely manner or to disclose it.\n (3) On March 23, 2014, a Special Agent assigned to the \n Counter Assault Team was found intoxicated to the point of \n unconsciousness in a hotel in Amsterdam in advance of a \n Presidential visit. In another example, on April 11, 2012, \n conduct unbecoming to United States Secret Service personnel \n was exhibited before a Presidential visit to Cartagena, \n Columbia. Nine personnel were involved in serious misconduct.\n (4) Surveillance personnel from the Washington field office \n were diverted in 2011 from supporting the protective mission at \n the request of senior leadership in order to provide protection \n to a United States Secret Service employee at her home \n following a neighborhood dispute. Such a diversion was outside \n the scope of the Service's duties and violated the Standards of \n Ethical Conduct for Employees of the Executive Branch.\n (b) Further Findings.--Congress further finds that the protection \nof the President, Vice President, First and Second Families, and former \nPresidents is a matter of national security. Any issues that distract \nfrom the protective mission of the United States Secret Service are a \nthreat to the national security of the United States.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established in the legislative branch an independent \nadvisory panel to--\n (1) examine the efficiency and effectiveness of the \n leadership structure, protocols, training, tools, and \n capabilities of the Department of Homeland Security's mission \n to protect national leaders, visiting heads of state and \n government, designated sites, and special events of national \n significance (in accordance with paragraph (1) of section \n 3056(e) of title 18 United States Code); and\n (2) make recommendations to improve the overall efficiency \n and effectiveness of the United States Secret Service.\n\nSEC. 4. MEMBERSHIP.\n\n (a) In General.--The independent advisory panel (in this Act \nreferred to as the ``Panel'') established pursuant to section 3 shall \nbe composed of eight members, as follows:\n (1) Two members shall be appointed by the Speaker of the \n House of Representatives, in coordination with the chairs of \n the Committee on the Judiciary and the Committee on Homeland \n Security of the House of Representatives. Only one of such \n members may be from the same political party as the Speaker of \n the House of Representatives.\n (2) Two members shall be appointed by the majority leader \n of the Senate, in coordination with the chairs of the Committee \n on the Judiciary and the Committee on Homeland Security and \n Governmental Affairs of the Senate. Only one of such members \n may be from the same political party as the majority leader of \n the Senate.\n (3) One member shall be appointed by the minority leader of \n the House of Representatives, in coordination with the ranking \n members of the Committee on the Judiciary and the Committee on \n Homeland Security of the House of Representatives.\n (4) One member shall be appointed by the minority leader of \n the Senate, in coordination with the ranking members of the \n Committee on the Judiciary and the Committee on Homeland \n Security and Governmental Affairs of the Senate.\n (5) Two members shall be appointed by the President, in \n consultation with the Secretary of Homeland Security. Only one \n of such members may be from the same political party as the \n President.\n (b) Prohibition.--Except as provided in subsection (a), members of \nthe Panel may not be current appointees of the President's \nAdministration or Members of Congress, in order to ensure objectivity \nof the Panel's assessments. No member may be or have been an employee \nof the United States Secret Service at any point in their career.\n (c) Deadline for Appointments.--All appointments to the Panel shall \nbe made not later than 90 days after the date of the enactment of this \nAct.\n (d) Co-Chairs.--The Panel shall have two co-chairs, as follows:\n (1) A co-chair who shall be a member of the Panel \n designated by the Speaker of the House of Representatives.\n (2) A co-chair who shall be a member of the Panel \n designated by the majority leader of the Senate.\n (e) Vacancy.--In the event of a vacancy on the Panel, the \nindividual appointed to fill the vacant seat shall be--\n (1) subject to paragraph (2), appointed by the same officer \n (or the officer's successor) who made the appointment to the \n seat when the Panel was first established; or\n (2) if the officer's successor is of a party other than the \n party of the officer who made the initial appointment when the \n Panel was first established, chosen in consultation with the \n senior officers of the House of Representatives and the Senate \n of the party which is the party of the officer who made such \n initial appointment.\n (f) Government Employees.--Members of the Panel who are officers or \nemployees of the Federal Government shall serve without additional pay \n(or benefits in the nature of compensation) for service as a member of \nthe Panel.\n (g) Initial Meeting.--The Panel shall meet and begin the operations \nof the Panel not later than 60 days after the appointment of all Panel \nmembers under subsection (a).\n\nSEC. 5. DUTIES.\n\n The Panel shall assess the current leadership structure, protocols, \ntraining, tools, and capabilities of the United States Secret Service, \nincluding assessing--\n (1) the unity of effort between the divisions of the United \n States Secret Service, law enforcement agencies, and other \n components of the Department of Homeland Security related to \n the protective and investigative missions, including whether \n mission duplication with other Federal entities exists;\n (2) the impact of United States Secret Service personnel \n culture on the effectiveness and efficiency of the Service, \n including Special Agent and Uniformed Division retention;\n (3) the impact any leadership or security deficiencies have \n on the threat from acts of terrorism or other security \n incidents;\n (4) identification of all security breaches at locations \n under United States Secret Service protection in the past five \n years;\n (5) the extent to which current resources provide for \n accomplishing the mission of the United States Secret Service;\n (6) the effectiveness of communications and dissemination \n of homeland security information within the United States \n Secret Service and with other law enforcement entities in \n routine as well as emergency situations; and\n (7) any necessary recommendations for congressional \n consideration.\n\nSEC. 6. POWERS AND AUTHORITIES.\n\n (a) In General.--The Panel or, on the authority of the Panel, any \nportion thereof, may, for the purpose of carrying out this section--\n (1) hold such hearings and sit and act at such times and \n places, take such testimony, receive such evidence, administer \n such oaths (provided that the quorum for a hearing shall be two \n members of the Panel); and\n (2) subject to subsection (b), require by subpoena or \n otherwise provide for the attendance and testimony of such \n witnesses and the production of such books, records, \n correspondence, memoranda, papers, and documents, as the Panel, \n or such portion thereof, may determine advisable.\n (b) Open to the Public.--Hearings and other activities conducted \nunder subsection (a) shall be open to the public unless the Panel, or, \non the authority of the Panel, any portion thereof, determines that \nsuch is not appropriate, including for reasons relating to the \ndisclosure of information or material regarding the national security \ninterests of the United States or the disclosure of sensitive law \nenforcement data.\n (c) Subpoenas.--\n (1) Issuance.--\n (A) In general.--A subpoena may be issued under \n this subsection only--\n (i) by the two co-chairs; or\n (ii) by the affirmative recorded vote of \n six members of the Panel.\n (B) Signature.--Subpoenas issued under this \n subsection may be--\n (i) issued under the signature of the two \n co-chairs or any member designated by a \n majority of the Panel; and\n (ii) served by any person designated by the \n two co-chairs or by any member designated by a \n majority of the Panel.\n (2) Enforcement.--\n (A) In general.--In the case of contumacy or \n failure to obey a subpoena issued under this \n subsection, the United States district court for the \n judicial district in which the subpoenaed person \n resides, is served, or may be found, or where the \n subpoena is returnable, may issue an order requiring \n such person to produce documentary or other evidence. \n Any failure to obey the order of the court may be \n punished by the court as contempt of that court.\n (B) Additional enforcement.--In the case of any \n failure of any witness to comply with any subpoena, the \n Panel may, by majority vote, certify a statement of \n fact constituting such failure to the appropriate \n United States attorney, who may bring the matter before \n a grand jury for its action, under the same statutory \n authority and procedures as if the United States \n attorney had received a certification under sections \n 102 through 104 of the Revised Statutes of the United \n States (2 U.S.C. 192 through 194).\n (d) Personnel.--\n (1) In general.--The Panel shall have the authorities \n provided in section 3161 of title 5, United States Code, and \n shall be subject to the conditions specified in such section, \n except to the extent that such conditions would be inconsistent \n with the requirements of this section.\n (2) Compensation.--The co-chairs, in accordance with rules \n agreed upon by the Panel, may appoint and fix the compensation \n of a staff director and such other personnel as may be \n necessary to enable the Panel to carry out its functions, \n without regard to the provisions of title 5, United States \n Code, governing appointments in the competitive service, and \n without regard to the provisions of chapter 51 and subchapter \n III of chapter 53 of such title relating to classification and \n General Schedule pay rates, except that no rate of pay fixed \n under this paragraph may exceed the equivalent of that payable \n for a position at level V of the Executive Schedule under \n section 5316 of title 5, United States Code.\n (3) Detailees.--Any employee of the Federal Government may \n be detailed to the Panel without reimbursement from the Panel, \n and such employee shall retain the rights, status, and \n privileges of such employee's regular employment without \n interruption.\n (4) Expert and consultant services.--The Panel is \n authorized to procure the services of experts and consultants \n in accordance with section 3109 of title 5, United States Code, \n but at rates not to exceed the daily rate paid a person \n occupying a position at level IV of the Executive Schedule \n under section 5315 of title 5, United States Code.\n (5) Volunteer services.--Notwithstanding section 1342 of \n title 31, United States Code, the Panel may accept and use \n voluntary and uncompensated services as the Panel determines \n necessary.\n (e) Security Clearances.--The appropriate departments or agencies \nof the Federal Government shall cooperate with the Panel in \nexpeditiously providing to the Panel members and staff appropriate \nsecurity clearances to the extent possible pursuant to existing \nprocedures and requirements, except that no person shall be provided \nwith access to classified information under this section without the \nappropriate security clearances.\n (f) Contracting.--The Panel may, to such extent and in such amounts \nas are provided in appropriation Acts, enter into contracts to enable \nthe Panel to carry out its duties under this Act.\n (g) Postal Services.--The Panel may use the United States mails in \nthe same manner and under the same conditions as departments and \nagencies of the Federal Government.\n (h) Support Services.--Upon request of the Panel, the Administrator \nof General Services shall provide the Panel, on a reimbursable basis, \nwith the administrative support services necessary for the Panel to \ncarry out its duties under this Act. Such administrative services may \ninclude human resource management, budget, leasing, accounting, and \npayroll services.\n (i) Rules of Procedure.--The Panel may establish rules for the \nconduct of the Panel's business, if such rules are not inconsistent \nwith this Act or other applicable law.\n (j) Nonapplicability of the Federal Advisory Committee Act.--The \nFederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the \nPanel.\n (k) Termination.--The Panel shall terminate on the date that is 60 \ndays after the date of the submission of its final report.\n\nSEC. 7. REPORTS TO CONGRESS.\n\n (a) Interim Report.--Not later than nine months after the date of \nthe appointment of all the members of the Panel, the Panel shall submit \nto the Committee on the Judiciary and the Committee on Homeland \nSecurity of the House of Representatives and the Committee on the \nJudiciary and the Committee on Homeland Security and Governmental \nAffairs of the Senate an interim report, including the results and \nfindings of the assessments carried out in accordance with section 5.\n (b) Other Reports and Briefings.--The Panel may from time to time \nsubmit to the committees specified in subsection (a) such other reports \nand briefings relating to the assessments carried out in accordance \nwith section 5 as the Panel considers appropriate. Such committees may \nrequest information on the Panel's progress as it conducts its work.\n (c) Final Report.--Not later than eighteen months after the date of \nthe appointment of all the members of the Panel, the Panel shall submit \nto the committees specified in subsection (a) a final report on the \nassessments carried out in accordance with section 5. Such final report \nshall--\n (1) include the findings of the Panel;\n (2) identify lessons learned related to United States \n Secret Service leadership issues; and\n (3) include specific recommendations, including those for \n congressional consideration, relating to--\n (A) improving the efficiency and effectiveness of \n the leadership structure, protocols, training, tools, \n and capabilities of the Department of Homeland \n Security's mission to protect national leaders, \n visiting heads of state and government, designated \n sites, and special events of national significance (in \n accordance with paragraph (1) of section 3056(e) of \n title 18 United States Code);\n (B) improving unity of effort between the divisions \n of the United States Secret Service and other law \n enforcement agencies and other components of the \n Department of Homeland Security relating to the \n protective and, as applicable, investigative missions, \n including whether duplication with other Federal \n entities exists;\n (C) eliminating barriers to effective \n communications in routine as well as emergency \n situations;\n (D) identifying and mitigating cultural issues \n within the United States Secret Service that detract \n from the mission of the Service; and\n (E) improvements needed to mitigate risks based on \n past security breaches.","summary":"United States Secret Service Accountability and Improvement Act of 2014 - Establishes in the legislative branch an independent advisory panel to: (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's (DHS) mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance. And (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. Directs the panel to assess the current leadership structure, protocols, training, tools, and capabilities of the Service, including assessing: the unity of effort between the divisions of the Service, law enforcement agencies, and other components of DHS related to the protective and investigative missions. The impact of Service personnel culture on its effectiveness and efficiency. The impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents. Identification of all security breaches at locations under Service protection in the past five years. The extent to which current resources provide for accomplishing its mission, and the effectiveness of communications and dissemination of homeland security information within the Service and with other law enforcement entities in routine and emergency situations. Sets forth reporting requirements, including requiring the final report to identify lessons learned regarding Service leadership issues and to include recommendations for improving efficiency and effectiveness, improving unity of effort, eliminating barriers to effective communications, identifying and mitigating culture issues that detract from its mission, and mitigating risks based on past security breaches.","title":"United States Secret Service Accountability and Improvement Act of 2014","text_len":18418,"sum_len":1859} {"bill_id":"107_hr305","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Justice Act of 2001''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established the Fair Justice Agency (in this Act referred \nto as the ``Agency''), which shall be an independent agency in the \nexecutive branch of the Government.\n\nSEC. 3. DIRECTOR.\n\n (a) In General.--There is at the head of the Agency a Director, who \nshall be responsible for the exercise of all powers and the discharge \nof all duties of the Agency.\n (b) Appointment.--The Director shall be appointed for a term of ten \nyears by the President, by and with the advice and consent of the \nSenate, from among persons who, by reason of general background and \nexperience, are specially qualified to manage the full range of \nresponsibilities of the Director.\n (1) Background check.--The pre confirmation background \n check for the Director shall be conducted by the law \n enforcement divisions of the Department of Treasury.\n (c) Pay.--\n (1) In general.--The Director shall be paid at the rate \n payable for level II of the Executive Schedule.\n (2) Conforming amendment.--Section 5313 of title 5, United \n States Code, is amended by adding at the end the following \n item: ``Director, Fair Justice Agency.''.\n (d) Travel Expenses.--The Director and individuals appointed under \nsection 5(a) shall receive travel expenses in accordance with sections \n5702 and 5703 of title 5, United States Code.\n (e) Dismissal.--\n (1) In general.--The Director may be dismissed only by the \n President for inefficiency, neglect of duty, or malfeasance in \n office.\n (2) Report.--Within five days after dismissing a Director \n under this subsection, the President shall submit to the \n Congress a report containing a detailed statement of the \n reasons for the dismissal.\n\nSEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY.\n\n (a) In General.--The Director may investigate and prosecute any \nalleged misconduct, criminal activity, corruption, or fraud by an \nofficer or employee of the Department of Justice.\n (b) Specific Functions and Powers.--The authority of the Director \nunder subsection (a) shall include the following:\n (1) Conducting proceedings before grand juries and other \n investigations.\n (2) Participating in court proceedings and engaging in any \n litigation, including civil and criminal matters, that the \n Director considers necessary.\n (3) Appealing any decision of a court in any case or \n proceeding in which the Director participates in an official \n capacity.\n (4) Reviewing all documentary evidence available from any \n source.\n (5) Determining whether to contest the assertion of any \n testimonial privilege.\n (6) Receiving appropriate national security clearances and, \n if necessary, contesting in court (including participating in \n camera proceedings) any claim of privilege or attempt to \n withhold evidence on grounds of national security.\n (7) Making applications to any Federal court for a grant of \n immunity to any witness, consistent with applicable statutory \n requirements, or for warrants, subpoenas, or other court \norders, and for purposes of this Act exercising the authority of a \nUnited States attorney or the Attorney General under sections 6003, \n6004, and 6005 of title 18, United States Code.\n (8) Inspecting, obtaining, or using the original or a copy \n of any tax return, in accordance with the applicable statutes \n and regulations, and, for purposes of this Act exercising the \n authority vested in a United States attorney or the Attorney \n General under section 6103 of the Internal Revenue Code of 1986 \n and the regulations issued thereunder.\n (9) Initiating and conducting prosecutions in any court of \n competent jurisdiction, framing and signing indictments, filing \n informations, and handling all aspects of any case, in the name \n of the United States.\n (10) Consulting with the United States attorney for the \n district in which any violation of law being investigated or \n prosecuted by the Director is alleged to have occurred.\n\nSEC. 5. OFFICERS AND EMPLOYEES\n\n (a) Officers and Employees.--The Director may appoint and fix the \ncompensation of such officers and employees, including attorneys, as \nthe Director considers appropriate.\n (b) Applicability of Certain Civil Service Laws.--Such officers and \nemployees shall be appointed subject to the provisions of title 5, \nUnited States Code, governing appointments in the competitive service, \nand shall be paid in accordance with the provisions of chapter 51 and \nsubchapter III of chapter 53 of that title relating to classification \nand General Schedule pay rates.\n (c) Experts and Consultants.--The Director may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code, at rates for individuals not to exceed the maximum rate \npayable under the General Schedule.\n\nSEC. 6. ADMINISTRATIVE POWERS.\n\n (a) Rules.--The Director may prescribe such procedural and \nadministrative rules and regulations as the Director deems necessary or \nappropriate to administer and manage the functions now or hereafter \nvested in the Director.\n (b) Reorganization.--The Director may establish, alter, \nconsolidate, or discontinue such organizational units or components \nwithin the Agency as the Director considers appropriate.\n (c) Mails.--The Agency may use the United States mails in the same \nmanner and under the same conditions as other departments and agencies \nof the United States.\n (d) Administrative Support Services.--Upon the request of the \nDirector, the Administrator of General Services shall provide to the \nAgency, on a reimbursable basis, the administrative support services \nnecessary for the Agency to carry out its responsibilities under this \nAct.\n (e) Contract Authority.--The Director may enter into and perform \nsuch contracts, leases, cooperative agreements, or other similar \ntransactions with government and private agencies or persons for \nsupplies and services, to the extent or in the amounts provided in \nadvance in appropriation Acts.\n (f) Seal of Agency.--The Director shall cause a seal of office to \nbe made for the Agency of such design as the Director shall approve. \nJudicial notice shall be taken of such seal.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Director to carry \nout this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal \nyear 2002, and $20,000,000 for fiscal year 2003.","summary":"Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.","title":"To establish the Fair Justice Agency as an independent agency for investigating and prosecuting alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice.","text_len":6871,"sum_len":241} {"bill_id":"106_hr4226","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Black Hills National Forest and \nRocky Mountain Research Station Improvement Act''.\n\nSEC. 2. SALE OR EXCHANGE OF LAND, BLACK HILLS NATIONAL FOREST, SOUTH \n DAKOTA.\n\n (a) In General.--The Secretary of Agriculture (referred to in this \nsection as the ``Secretary'') may, under such terms and conditions as \nthe Secretary may prescribe, sell or exchange any right, title, and \ninterest of the United States in and to the approximately 362 acres \ncontained in the following parcels of land in the State of South \nDakota:\n (1) Tract BLKH-1 ``Spearfish Dwelling'' (approximately 0.24 \n acres); N\\1\/2\\ of Lot 8 and Lot 9 of Block 16, Section 10, T6N, \n R2E, Black Hills Meridian.\n (2) Tract BLKH-2 ``Deadwood Garage'' (approximately 0.12 \n acres); Lots 9 and 11 of Block 34, Section 23, T5N, R3E, Black \n Hills Meridian.\n (3) Tract BLKH-3 ``Deadwood Dwellings'' (approximately 0.32 \n acres); Lots 12-16, inclusive, of Block 44, Section 23, T5N, R3E, \n Black Hill Meridian.\n (4) Tract BLKH-4 ``Hardy Work Center'' (approximately 150 \n acres); E\\1\/2\\SW\\1\/4\\SE\\1\/4\\, SE\\1\/4\\SE\\1\/4\\, Section 19; NE\\1\/\n 4\\NW\\1\/4\\NE\\1\/4\\, E\\1\/2\\NE\\1\/4\\SE\\1\/4\\, E\\1\/2\\SE\\1\/4\\NE\\1\/4\\, NE\\1\/\n 4\\NE\\1\/4\\, Section 30, T3N, R1E, Black Hills Meridian.\n (5) Tract BLKH-6 ``Pactola Work Center'' (approximately 100 \n acres); W\\1\/2\\SW\\1\/4\\NW\\1\/4\\, W\\1\/2\\NW\\1\/4\\SW\\1\/4\\, W\\1\/2\\SW\\1\/\n 4\\SW\\1\/4\\, SE\\1\/4\\SW\\1\/4\\SW\\1\/4\\, Section 25; E\\1\/2\\NE\\1\/4\\SE\\1\/4\\, \n SE\\1\/4\\SE\\1\/4\\NE\\1\/4\\, Section 26, T2N, R5E, Black Hills Meridian.\n (6) Tract BLKH-7 ``Pactola Ranger District Office'' \n (approximately 8.25 acres); Lot 1 of Ranger Station Subdivision, \n Section 4, T1N, R7E, Black Hills Meridian.\n (7) Tract BLKH-8 ``Reder Administrative Site'' (approximately \n 82 acres); Lots 6 and 7, Section 29; Lot A of Reder Placer, Lot 19, \n NW\\1\/4\\SE\\1\/4\\NE\\1\/4\\, Section 30, T1S, R5E, Black Hills Meridian.\n (8) Tract BLKH-9 ``Allen Gulch Properties'' (approximately 21 \n acres); Lot 14 less and except Tract STA #0029, Section 25, and Lot \n 1, Section 36, T1S, R4E, Black Hills Meridian.\n (9) Tract BLKH-10 ``Custer Ranger District Office'' \n (approximately 0.39 acres); Lots 4 and 9 of Block 125 and the East \n 15 feet of the vacated north\/south alley adjacent to Lot 4, City of \n Custer, Section 26, T3S, R4E, Black Hills Meridian.\n (b) Technical Corrections.--The Secretary may make technical \ncorrections to the legal descriptions in paragraphs (1) through (9) of \nsubsection (a).\n (c) Applicable Authorities.--Except as otherwise provided in this \nsection, any sale or exchange of land described in subsection (a) shall \nbe subject to laws (including regulations) applicable to the conveyance \nand acquisition of land for National Forest System purposes.\n (d) Cash Equalization.--Notwithstanding any other provision of law, \nthe Secretary may accept cash equalization payments in excess of 25 \npercent of the total value of the land described in subsection (a) from \nany exchange under subsection (a).\n (e) Solicitations of Offers.--\n (1) In general.--In carrying out this section, the Secretary \n may use solicitations of offers for sale or exchange under this \n section on such terms and conditions as the Secretary may \n prescribe.\n (2) Rejection of offers.--The Secretary may reject any offer \n under this section if the Secretary determines that the offer is \n not adequate or not in the public interest.\n (f) Disposition of Funds.--Any funds received by the Secretary from \na sale under this section or as cash equalization payments from an \nexchange under this section--\n (1) shall be deposited into the fund established by Public Law \n 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and\n (2) shall be available for expenditure, on appropriation, for--\n (A) the acquisition from willing sellers of land and \n interests in land in the State of South Dakota; and\n (B) the acquisition or construction of administrative \n improvements in connection with the Black Hills National \n Forest.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.\n\nSEC. 3. REPLACEMENT LABORATORY, ROCKY MOUNTAIN RESEARCH STATION, RAPID \n CITY, SOUTH DAKOTA.\n\n (a) In General.--There are authorized to be appropriated to the \nSecretary of Agriculture $2,100,000 for a laboratory facility for the \nRocky Mountain Research Station in Rapid City, South Dakota, to replace \nthe obsolete laboratory capability at the research station. The \nreplacement facility shall be colocated with at least one of the \nadministrative improvements for the Black Hills National Forest \nacquired or constructed under the authority of section 2(f)(2)(B).\n (b) Conditions on Acquisition of Property.--No funds available to \ncarry out this section may be used to purchase or otherwise acquire \nproperty unless--\n (1) the acquisition is from willing sellers; and\n (2) the property is located within the boundaries of the State \n of South Dakota.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Authorizes appropriations for construction of a replacement laboratory for the Rocky Mountain Research Station at Rapid City, South Dakota, to be colocated with at least one of the Forest administrative improvements. Requires any acquired property to be: (1) in South Dakota, and (2) from a willing seller.","title":"Black Hills National Forest and Rocky Mountain Research Station Improvement Act","text_len":5506,"sum_len":306} {"bill_id":"106_s2352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wekiva Wild and Scenic River \nDesignation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Public Law 104-311 authorized the study of the Wekiva \n River and the associated tributaries of Rock Springs Run and \n Seminole Creek (including Wekiwa Springs Run and the tributary \n of Black Water Creek that connects Seminole Creek to the Wekiva \n River) for potential inclusion in the National Wild and Scenic \n Rivers System;\n (2) the study referred to in paragraph (1) determined that \n the Wekiva River and the associated tributaries of Wekiwa \n Springs Run, Rock Springs Run, Seminole Creek, and Black Water \n Creek downstream of Lake Norris to the confluence with the \n Wekiva River are eligible for inclusion in the National Wild \n and Scenic Rivers System based on the free-flowing condition \n and outstanding scenic, recreational, fishery, wildlife, \n historic, cultural, and water quality values of those \n waterways;\n (3) the public support for designation of the Wekiva River \n as a component of the National Wild and Scenic Rivers System \n has been demonstrated through substantial attendance at public \n meetings, State and local agency support, and the support and \n endorsement of designation by the Wekiva River Basin Working \n Group that was established by the Department of Environmental \n Protection of the State of Florida and represents a broad cross \n section of State and local agencies, landowners, \n environmentalists, nonprofit organizations, and recreational \n users;\n (4) the State of Florida has demonstrated a commitment to \n protect the Wekiva River--\n (A) by enacting Florida Statutes chapter 369, the \n Wekiva River Protection Act;\n (B) by establishing a riparian habitat wildlife \n protection zone and water quality protection zone \n administered by the St. Johns River Water Management \n District;\n (C) by designating the Wekiva River as outstanding \n Florida waters; and\n (D) by acquiring State preserve, reserve, and park \n land adjacent to the Wekiva River and associated \n tributaries;\n (5) Lake, Seminole, and Orange Counties, Florida, have \n demonstrated their commitment to protect the Wekiva River and \n associated tributaries in the comprehensive land use plans and \n land development regulations of those counties; and\n (6) the segments of the Wekiva River, Rock Springs Run, and \n Black Water Creek described in section 3, totaling \n approximately 41.6 miles, are in public ownership, protected by \n conservation easements, or defined as waters of the State of \n Florida.\n\nSEC. 3. DESIGNATION.\n\n Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following:\n ``(162) Wekiva river, wekiwa springs run, rock springs run, \n and black water creek, florida.--\n ``(A) The 41.6 miles of river and tributary \n segments in Florida, as follows:\n ``(i) Wekiva river, florida.--The 14.9 \n miles of the Wekiva River, from its confluence \n with the St. Johns River to Wekiwa Springs, to \n be administered by the Secretary of the \n Interior in the following classifications:\n ``(I) From the confluence with the \n St. Johns River to the southern \n boundary of the Lower Wekiva River \n State Preserve, approximately 4.4 \n miles, as a wild river.\n ``(II) From the southern boundary \n of the Lower Wekiva River State \n Preserve to the northern boundary of \n Rock Springs Run State Reserve at the \n Wekiva River, approximately 3.4 miles, \n as a recreational river.\n ``(III) From the northern boundary \n of Rock Springs Run State Reserve at \n the Wekiva River to the southern \n boundary of Rock Springs Run State \n Reserve at the Wekiva River, \n approximately 5.9 miles, as a wild \n river.\n ``(IV) From the southern boundary \n of Rock Springs Run State Reserve at \n the Wekiva River upstream along Wekiwa \n Springs Run to Wekiwa Springs, \n approximately 1.2 miles, as a \n recreational river.\n ``(ii) Rock springs run, florida.--The 8.8 \n miles of Rock Springs Run, from its confluence \n with the Wekiwa Springs Run to its headwaters \n at Rock Springs, to be administered by the \n Secretary in the following classifications:\n ``(I) From the confluence with \n Wekiwa Springs Run to the western \n boundary of Rock Springs Run State \n Reserve at Rock Springs Run, \n approximately 6.9 miles, as a wild \n river.\n ``(II) From the western boundary of \n Rock Springs Run State Reserve at Rock \n Springs Run to Rock Springs, \n approximately 1.9 miles, as a \n recreational river.\n ``(iii) Black water creek, florida.--The \n 17.9 miles of Black Water Creek from its \n confluence with the Wekiva River to the outflow \n from Lake Norris, to be administered by the \n Secretary in the following classifications:\n ``(I) From the confluence with the \n Wekiva River to approximately .25 mile \n downstream of the Seminole State Forest \n road crossing, approximately 4.0 miles, \n as a wild river.\n ``(II) From approximately .25 mile \n downstream of the Seminole State Forest \n road to approximately .25 mile upstream \n of the Seminole State Forest road \n crossing, approximately .5 mile, as a \n scenic river.\n ``(III) From approximately .25 mile \n upstream of the Seminole State Forest \n road crossing to approximately .25 mile \n downstream of the old railroad grade \n crossing (approximately river mile 9), \n approximately 4.5 miles, as a wild \n river.\n ``(IV) From approximately .25 mile \n downstream of the old railroad grade \n crossing (approximately river mile 9) \n upstream to the boundary of Seminole \n State Forest (approximately river mile \n 10.6), approximately 1.6 miles, as a \n scenic river.\n ``(V) From the boundary of Seminole \n State Forest (approximately river mile \n 10.6) to approximately .25 mile \n downstream of the State Road 44 \n crossing, approximately .9 mile, as a \n wild river.\n ``(VI) From approximately .25 mile \n downstream of State Road 44 to \n approximately .25 mile upstream of the \n State Road 44A crossing, approximately \n .5 mile, as a recreational river.\n ``(VII) From approximately .25 mile \n upstream of the State Road 44A crossing \n to approximately .25 mile downstream of \n the Lake Norris Road crossing, \n approximately 4.8 miles, as a wild \n river.\n ``(VIII) From approximately .25 \n mile downstream of the Lake Norris Road \n crossing to the outflow from Lake \n Norris, approximately 1.1 miles, as a \n recreational river.\n\nSEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND \n TRIBUTARIES.\n\n (a) Definitions.--As used in this Act:\n (1) Committee.--The term ``Committee'' means the Wekiva \n River System Advisory Management Committee established pursuant \n to section 5.\n (2) Comprehensive management plan.--The terms \n ``comprehensive management plan'' and ``plan'' mean the \n comprehensive management plan to be developed pursuant to \n section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. \n 1274(d)).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) Wekiva river system.--The term ``Wekiva River system'' \n means the segments of the Wekiva River, Wekiwa Springs Run, \n Rock Springs Run, and Black Water Creek in the State of Florida \n designated as components of the National Wild and Scenic Rivers \n System by paragraph (161) of section 3(a) of the Wild and \n Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act.\n (b) Cooperative Agreement.--\n (1) Use authorized.--In order to provide for the long-term \n protection, preservation, and enhancement of the Wekiva River \n system, the Secretary shall offer to enter into cooperative \n agreements pursuant to sections 10(c) and 11(b)(1) of the Wild \n and Scenic Rivers Act (16 U.S.C. 1281(c), 1282(b)(1)) with the \n State of Florida, appropriate local political jurisdictions of \n the State, namely the counties of Lake, Orange, and Seminole, \n and appropriate local planning and environmental organizations.\n (2) Effect of agreement.--Administration by the Secretary \n of the Wekiva River system through the use of cooperative \n agreements shall not constitute National Park Service \n administration of the Wekiva River system for purposes of \n section 10(c) of the Wild and Scenic Rivers Act (10 U.S.C. \n 1281(c)) and shall not cause the Wekiva River system to be \n considered as a unit of the National Park System. Publicly \n owned lands within the boundaries of the Wekiva River system \n shall continue to be managed by the agency having jurisdiction \n over the lands, in accordance with the statutory authority and \n mission of the agency.\n (c) Compliance Review.--After completion of the comprehensive \nmanagement plan, the Secretary shall biennially review compliance with \nthe plan and shall promptly report to the Committee on Resources of the \nUnited States House of Representatives and the Committee on Energy and \nNatural Resources of the United States Senate any deviation from the \nplan that could result in any diminution of the values for which the \nWekiva River system was designated as a component of the National Wild \nand Scenic Rivers System.\n (d) Technical Assistance and Other Support.--The Secretary may \nprovide technical assistance, staff support, and funding to assist in \nthe development and implementation of the comprehensive management \nplan.\n (e) Future Designation of Seminole Creek.--If the Secretary finds \nthat Seminole Creek in the State of Florida, from its headwaters at \nSeminole Springs to its confluence with Black Water Creek, is eligible \nfor designation under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et \nseq.), and the owner of the property through which Seminole Creek runs \nnotifies the Secretary of the owner's support for designation, the \nSecretary may designate that tributary as an additional component of \nthe National Wild and Scenic Rivers System. The Secretary shall publish \nnotice of the designation in the Federal Register, and the designation \nshall become effective on the date of publication.\n (f) Limitation on Federal Support.--Nothing in this section shall \nbe construed to authorize funding for land acquisition, facility \ndevelopment, or operations.\n\nSEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.\n\n (a) Establishment.--The Secretary shall establish an advisory \ncommittee, to be known as the Wekiva River System Advisory Management \nCommittee, to assist in the development of the comprehensive management \nplan for the Wekiva River system.\n (b) Membership.--The Committee shall be composed of a \nrepresentative of each of the following agencies and organizations:\n (1) The Department of the Interior, represented by the \n Director of the National Park Service or the Director's \n designee.\n (2) The East Central Florida Regional Planning Council.\n (3) The Florida Department of Environmental Protection, \n Division of Recreation and Parks.\n (4) The Florida Department of Environmental Protection, \n Wekiva River Aquatic Reserve.\n (5) The Florida Department of Agriculture and Consumer \n Services, Division of Forestry, Seminole State Forest.\n (6) The Florida Audobon Society.\n (7) The nonprofit organization known as the Friends of the \n Wekiva.\n (8) The Lake County Water Authority.\n (9) The Lake County Planning Department.\n (10) The Orange County Parks and Recreation Department, \n Kelly Park.\n (11) The Seminole County Planning Department.\n (12) The St. Johns River Water Management District.\n (13) The Florida Fish and Wildlife Conservation Commission.\n (14) The City of Altamonte Springs.\n (15) The City of Longwood.\n (16) The City of Apopka.\n (17) The Florida Farm Bureau Federation.\n (18) The Florida Forestry Association.\n (c) Additional Members.--Other interested parties may be added to \nthe Committee by request to the Secretary and unanimous consent of the \nexisting members.\n (d) Appointments.--Representatives and alternates to the Committee \nshall be appointed as follows:\n (1) State agency representatives, by the head of the \n agency.\n (2) County representatives, by the Board of County \n Commissioners.\n (3) Water management district, by the Governing Board.\n (4) Department of the Interior representative, by the \n Southeast Regional Director, National Park Service.\n (5) East Central Florida Regional Planning Council, by \n Governing Board.\n (6) Other organizations, by the Southeast Regional \n Director, National Park Service.\n (e) Role of Committee.--The Committee shall assist in the \ndevelopment of the comprehensive management plan for the Wekiva River \nsystem and provide advice to the Secretary in carrying out the \nmanagement responsibilities of the Secretary under this Act. The \nCommittee shall have an advisory role only, it will not have regulatory \nor land acquisition authority.\n (f) Voting and Committee Procedures.--Each member agency, agency \ndivision, or organization referred to in subsection (b) shall have one \nvote and provide one member and one alternate. Committee decisions and \nactions will be made with the consent of \\3\/4\\ of all voting members. \nAdditional necessary Committee procedures shall be developed as part of \nthe comprehensive management plan.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.\n\n Passed the Senate July 27, 2000.\n\n Attest:\n\n Secretary.\n106th CONGRESS\n\n 2d Session\n\n S. 2352\n\n_______________________________________________________________________\n\n AN ACT\n\n To amend the Wild and Scenic Rivers Act to designate the Wekiva River \nand its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black \nWater Creek in the State of Florida as components of the National Wild \n and Scenic Rivers System.","summary":"Directs the Secretary of the Interior to offer to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva River system . Declares that the Secretary's administration of the system by the use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. Provides that: (1) if the Secretary determines that a specified segment of Seminole Creek in Florida is eligible for designation as a NWSRS component and the owner of the property through which Seminole Creek runs notifies the Secretary of his or her support for such designation, the Secretary may designate that tributary as an additional NWSRS component. And (2) nothing in this Act shall be construed to authorize funding for land acquisition, facility development, or operation. Requires the Secretary to establish the Wekiva River System Advisory Management Committee to: (1) assist in the development of the comprehensive management plan to be developed as required by the Act for the Wekiva River system. And (2) provide advice to the Secretary in carrying out management responsibilities under this Act. Authorizes appropriations.","title":"Wekiva Wild and Scenic River Designation Act","text_len":17919,"sum_len":1602} {"bill_id":"103_hr1840","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Immunization Incentive Act of \n1993''.\n\nSEC. 2. AFDC BENEFITS DENIED FOR CHILDREN WHO HAVE NOT RECEIVED \n PREVENTIVE HEALTH CARE OR IMMUNIZATIONS.\n\n Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is \namended--\n (1) by striking ``and'' at the end of paragraph (44);\n (2) by striking the period at the end of paragraph (45) and \n inserting ``; and''; and\n (3) by inserting after paragraph (45) the following:\n ``(46) provide that--\n ``(A) aid under the plan shall not be payable with \n respect to any child who has not attained the age of 6 \n years, unless the State agency has received from 1 or \n more physicians written verification (on a form \n prescribed by the State)--\n ``(i) that the child has been examined by a \n physician not less frequently than--\n ``(I) in the case of a child who \n has not attained the age of 19 months, \n every 6 months since the child was \n born; and\n ``(II) in the case of any other \n child, every 6 months until the child \n attained the age of 19 months, and \n every year thereafter;\n ``(ii) that the child has been immunized in \n accordance with recommendations issued by the \n Surgeon General of the Public Health Service; \n and\n ``(iii) of any contraindication which \n exempts the child from receiving an \n immunization;\n ``(B) the State will conduct appropriate education \n and outreach activities designed to--\n ``(i) increase public awareness of the \n importance of preventive health care and \n immunizations for pre-school children; and\n ``(ii) inform the public about--\n ``(I) the availability of \n preventive health care and immunization \n services for pre-school children;\n ``(II) any transportation, child \n care, or other support services that \n may be available to assist parents in \n obtaining such services for their \n children; and\n ``(III) the clinics at which any \n child may receive immunizations free or \n at a reduced charge.''.\n\nSEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT.\n\n Section 658E(2) of the Child Care and Development Block Grant Act \n(42 U.S.C. 9858c(2)) is amended--\n (1) in subparagraph (F)--\n (A) in clause (ii) by striking ``and'' at the end,\n (B) in clause (iii) by striking the period at the \n end and inserting ``; and'',\n (C) by inserting after subclause (III), as so \n redesignated, the following:\n ``(iv) a requirement that such providers \n require with respect to each child who receives \n child care services from any of such providers \n that certificates signed by a physician who \n verifies that such child has been immunized in \n accordance with recommendations issued by the \n Surgeon General of the Public Health Service be \n submitted, at required intervals and in \n accordance with rules issued by the Secretary, \n to the child care provider involved.'', and\n (D) by striking the last sentence, and\n (2) in subparagraph (G<plus-minus>)--\n (i) by inserting ``(i)'' before ``Provide'', and\n (ii) by adding at the end the following:\n ``(ii) For the purpose of enforcing the requirement \n described in subparagraph (F)(iv), such procedures \n shall ensure that each of such providers gives to \n parents of each child who receives child care services \n from the provider involved written notice of--\n ``(I) each immunization requirement \n applicable to such child;\n ``(II) an opportunity of not less than 30 \n days, and not more than 45 days, to correct the \n failure to satisfy such requirement; and\n ``(III) the fact that child care services \n for such child will be terminated for failure \n to satisfy such requirement before the \n expiration of the 45-day period beginning on \n the date such notice is received.''.\n\nSEC. 4. ISSUANCE OF IMMUNIZATION RECOMMENDATIONS BY THE SURGEON GENERAL \n OF THE PUBLIC HEALTH SERVICE.\n\n After taking into consideration the then most recent report of the \nCommittee on Infectious Diseases of the American Academy of Pediatrics, \nthe Surgeon General of the Public Health Service shall issue, and \nrevise from time to time, recommendations for the immunization of \nchildren under 6 years of age. With respect to each recommended \nimmunization, such recommendation shall include--\n (1) contraindications (if any) that should be identified to \n exempt a child from receiving such immunization, and\n (2) remedial action that may be taken to minimize the \n adverse effect of failure to administer such immunization to a \n child at the recommended age.\n\nSEC. 5. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.\n\n (a) Effective Date.--Except as provided in subsections (b) and (c), \nthis Act and the amendments made by this Act shall take effect on the \ndate of the enactment of this Act.\n (b) Application of Section 2 Amendments.--The amendments made by \nsection 2 shall apply, without regard to whether regulations to \nimplement the amendments have been promulgated, to--\n (1) payments to individuals under State plan approved under \n part A of title IV of the Social Security Act, for months \n ending after the 120-day period that begins with the date of \n the enactment of this Act; and\n (2) payments to States under such part for calendar \n quarters ending after such 120-day period.\n (c) Application of Section 3 Amendments.--The amendments made by \nsection 3 shall not apply with respect to fiscal years beginning before \nthe date of the enactment of this Act.","summary":"Child Immunization Incentive Act of 1993 - Amends part A (AFDC) of title IV of the Social Security Act to: (1) deny AFDC for children under six who have not received periodic examinations by a physician or immunizations. And (2) require State outreach activities with respect to preventive health care and immunizations for pre-school children. Amends the Child Care and Development Block Grant Act to require providers assisted under such Act to require each child receiving their services to receive immunizations in accordance with the recommendations issued by the Surgeon General pursuant to this Act.","title":"Child Immunization Incentive Act of 1993","text_len":7326,"sum_len":606} {"bill_id":"106_s1685","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Golden Spike\/Crossroads of the West \nNational Heritage Area Act of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the industrial, cultural, and natural heritage legacies \n of linking the United States by rail in northern Utah at the \n Crossroads of the West are nationally significant;\n (2) in the areas of northern Utah (including and in \n proximity to Ogden, Utah), linking the United States by rail at \n the Crossroads of the West helped establish and expand the \n industrial power of the United States;\n (3) the economic strength of the United States is connected \n integrally to the vitality of the intercontinental railways, \n which employ millions of workers;\n (4) the industrial and cultural heritage of the \n intercontinental railways at the Crossroads of the West \n includes social history and living cultural traditions of \n several generations;\n (5) the National Historic District in Ogden, Utah, is a \n prime example of the cultural heritage of the linking of the \n United States by rail at the Crossroads of the West;\n (6)(A) the Department of the Interior is responsible for \n protecting and interpreting the cultural and historic resources \n of the United States; and\n (B) there are significant examples of cultural and historic \n resources in Ogden, Utah, and northern Utah that merit the \n involvement of the Federal Government to develop programs and \n projects in cooperation with the city of Ogden, Utah, and other \n local and governmental bodies, to adequately conserve, protect, \n and interpret the heritage for the education and recreational \n benefit of people of the United States;\n (7) the city of Ogden, Utah, would be an appropriate entity \n to oversee the development of the Heritage Area; and\n (8) a 1993 National Park Service study, entitled ``Golden \n Spike Rail Feasibility Study'', demonstrated that sufficient \n historical resources exist to establish the Heritage Area.\n (b) Purposes.--The purposes of this Act are to establish the Golden \nSpike\/Crossroads of the West National Heritage Area--\n (1) to foster a close working relationship with all levels \n of government, the private sector, and the local communities in \n Utah;\n (2) to empower communities in Utah to conserve their Golden \n Spike heritage while strengthening future economic \n opportunities; and\n (3) to conserve, interpret, and develop the historical, \n cultural, natural, and recreational resources related to the \n industrial and cultural heritage of the Heritage Area.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) City.--The term ``City'' means the city of Ogden, Utah.\n (2) Heritage area.--The term ``Heritage Area'' means the \n Golden Spike\/Crossroads of the West National Heritage Area \n established by section 4.\n (3) Management plan.--The term ``management plan'' means \n the management plan for the Heritage Area required under \n section 6(a).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. GOLDEN SPIKE\/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established in the State of Utah the \nGolden Spike\/Crossroads of the West National Heritage Area.\n (b) Boundaries.--The boundaries of the Heritage Area--\n (1) shall be those specified in the management plan \n approved under section 6; and\n (2) shall include land in Utah related to--\n (A) Union Pacific Station in Ogden, Utah; and\n (B) 24th and 25th Street Historic District in \n Ogden, Utah.\n (c) Map.--\n (1) Preparation.--The Secretary shall prepare a map of the \n Heritage Area.\n (2) Availability.--The map described in subparagraph (A) \n shall be on file and available for public inspection in the \n office of the Director of the National Park Service.\n (d) Administration.--The Heritage Area shall be administered in \naccordance with this Act.\n (e) Study.--The Secretary, in cooperation with the City, shall \nconduct a study to determine the feasibility of establishing a national \nheritage corridor from the City to Promontory Point.\n (f) Additions of Lands.--The Secretary may add land to the Heritage \nArea in response to a request from the City.\n\nSEC. 5. DESIGNATION OF CITY AS MANAGEMENT ENTITY.\n\n (a) In General.--The City shall be the management entity for the \nHeritage Area.\n (b) Federal Funding.--\n (1) Authorization to receive funds.--Subject to paragraph \n (2), the City may receive amounts appropriated to carry out \n this Act.\n (2) Disqualification.--If a management plan for the \n Heritage Area is not submitted to the Secretary in accordance \n with section 6, the City shall cease to be authorized to \n receive Federal funding under this Act until the date on which \n a management plan is submitted to the Secretary.\n (c) Authorities of City.--The City may, for purposes of preparing \nand implementing the management plan, use Federal funds made available \nunder this Act--\n (1) to make grants and loans to the State of Utah \n (including political subdivisions), nonprofit organizations, \n and other persons;\n (2) to enter into cooperative agreements with or provide \n technical assistance to Federal agencies, the State of Utah \n (including political subdivisions), nonprofit organizations, \n and other persons;\n (3) to hire and compensate staff;\n (4) to obtain money from any source under any program or \n law requiring the recipient of the money to make a contribution \n in order to receive the money;\n (5) to contract for goods and services; and\n (6) for such other activities as are necessary to carry out \n the duties of the City under this Act.\n (d) Prohibition of Acquisition of Real Property.--The City shall \nnot use Federal funds received under this Act to acquire real property \nor any interest in real property.\n\nSEC. 6. MANAGEMENT DUTIES OF THE CITY.\n\n (a) Heritage Area Management Plan.--\n (1) Submission for review by secretary.--Not later than 3 \n years after the date of enactment of this Act, the City shall \n submit to the Secretary a management plan for the Heritage \n Area.\n (2) Plan requirements, generally.--A management plan \n submitted under this section shall--\n (A) present comprehensive recommendations for the \n conservation, funding, management, and development of \n the Heritage Area;\n (B) be prepared with public participation;\n (C) take into consideration existing Federal, \n State, county, and local plans;\n (D) involve residents, public agencies, and private \n organizations in the management of the Heritage Area;\n (E) include a description of recommended actions \n that units of government and private organizations \n should take to protect the resources of the Heritage \n Area; and\n (F) specify existing and potential sources of \n Federal and non-Federal funding for the conservation, \n management, and development of the Heritage Area.\n (3) Additional plan requirements.--The management plan \n shall include, as appropriate, the following:\n (A) An inventory of resources contained in the \n Heritage Area that--\n (i) shall include a list of property in the \n Heritage Area that should be conserved, \n restored, managed, developed, or maintained \n because of the natural, cultural, or historic \n significance of the property as it relates to \n the themes of the Heritage Area; and\n (ii) shall not include property that is \n privately owned, unless the owner of the \n property consents in writing to the inclusion.\n (B) Recommendations for the interpretation of the \n Heritage Area, including recommendations for the \n development of intergovernmental cooperative agreements \n to manage the historical, cultural, and natural \n resources and recreational opportunities of the \n Heritage Area in a manner that maintains appropriate \n and compatible economic viability.\n (C) A program for implementation of the management \n plan, including--\n (i) plans for restoration and construction; \n and\n (ii) a description of any commitments that \n have been made by persons interested in \n management of the Heritage Area.\n (D) An analysis of the means by which Federal, \n State, and local programs may best be coordinated to \n promote the purposes of this Act.\n (E) An interpretive plan for the Heritage Area.\n (4) Approval and disapproval of the management plan.--\n (A) In general.--Not later than 180 days after \n submission of the management plan by the City, the \n Secretary shall approve or disapprove the plan.\n (B) No action on plan.--If the Secretary does not \n approve or disapprove the plan in accordance with \n subsection (A), the plan shall be considered approved.\n (C) Disapproval.--If the Secretary disapproves the \n plan under subparagraph (A), the Secretary shall, in \n writing--\n (i) advise the City of the reasons for the \n disapproval; and\n (ii) make recommendations to the City for \n the revision of the plan.\n (D) Proposed revisions to plan.--Not later than 60 \n days after receipt from the City of proposed revisions \n to the plan, the Secretary shall approve or disapprove \n the proposed revisions.\n (E) No action on proposed revisions.--If the \n Secretary does not approve or disapprove the proposed \n revisions to the plan in accordance with subparagraph \n (D), the plan and proposed revisions shall be \n considered approved.\n (b) Priorities.--The City shall give priority to the implementation \nof actions, goals, and policies set forth in the management plan for \nthe Heritage Area, including--\n (1) the conservation of the Heritage Area;\n (2) the establishment and maintenance of interpretive \n exhibits in the Heritage Area;\n (3) the development of recreational opportunities in the \n Heritage Area;\n (4) the increase in public awareness of and appreciation \n for the natural, historical, and cultural resources of the \n Heritage Area;\n (5) the restoration of historic buildings that are located \n within the boundaries of the Heritage Area and related to the \n theme of the Heritage Area;\n (6) the placement of clear, consistent, and environmentally \n appropriate signs identifying access points and sites of \n interest throughout the Heritage Area; and\n (7) the encouragement of economic viability in the affected \n communities by appropriate means, in accordance with the goals \n of the management plan.\n (c) Consideration of Interests of Local Groups.--The City shall, in \npreparing and implementing the management plan, consider the interests \nof diverse units of government, businesses, private property owners, \nand nonprofit groups in the Heritage Area.\n (d) Public Meetings.--The City shall conduct public meetings at \nleast annually regarding the implementation of the management plan.\n (e) Annual Reports.--The City shall, for each fiscal year in which \nthe City receives Federal funds under this Act, submit to the Secretary \nan annual report that describes--\n (1) the accomplishments of the City;\n (2) the expenses and income of the City; and\n (3) each entity to which the City made a loan or grant \n during the year.\n (f) Cooperation With Audits.--The City shall, for any fiscal year \nin which the City receives Federal funds under this Act, make available \nfor audit by Congress, the Secretary, and appropriate units of \ngovernment--\n (1) all records and other information pertaining to the \n expenditures of Federal funds by other organizations that the \n receiving organizations make available for audit; and\n (2) all records and other information pertaining to the \n expenditure of Federal funds.\n (g) Delegations.--\n (1) In general.--The City may delegate the responsibilities \n and actions under this section for each area or district \n identified in section 4(b)(2).\n (2) Review and approval.--All responsibilities and actions \n delegated under paragraph (1) shall be subject to review and \n approval by the City.\n\nSEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.\n\n (a) Technical Assistance and Grants.--\n (1) In general.--The Secretary may provide technical \n assistance and, subject to the availability of appropriations, \n grants, to assist in implementation of the management plan, \n to--\n (A) the City; and\n (B) on request of the City, units of government, \n nonprofit organizations, and other persons.\n (2) Prohibition of certain requirements.--The Secretary \n shall not, as a condition of the award of technical assistance \n or grants under this section, require any recipient of the \n technical assistance or grant to enact or modify land use \n restrictions.\n (3) Determinations regarding assistance.--\n (A) In general.--The Secretary shall determine \n whether, and in what amount, technical assistance or a \n grant shall be awarded under paragraph (1), giving \n preference to projects that provide a greater leverage \n of Federal funds.\n (B) Criteria for determination.--A determination \n under subparagraph (A) shall be based on the relative \n degree to which the technical assistance or grant \n effectively--\n (i) fulfills the objectives contained in \n the management plan; and\n (ii) achieves the purposes of this Act.\n (b) Provision of Information.--In cooperation with other Federal \nagencies, the Secretary shall provide the general public with \ninformation regarding the location and character of the Heritage Area.\n (c) Other Assistance.--The Secretary may enter into cooperative \nagreements with public and private organizations for the purposes of \nimplementing this section.\n (d) Duties of Other Federal Agencies.--Any Federal entity \nconducting any activity directly affecting the Heritage Area shall--\n (1) consider the potential effect of the activity on the \n management plan; and\n (2) consult with the City with respect to the activity to \n minimize the adverse effects of the activity on the Heritage \n Area.\n\nSEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.\n\n (a) Lack or Effect on Authority of Local Government.--Nothing in \nthis Act modifies or otherwise affects any authority of Federal, State, \nor local governments to regulate any use of land under any other law \n(including a regulation).\n (b) Lack of Zoning or Land Use Powers.--Nothing in this Act grants \npowers of zoning or land use control to the City.\n (c) Local Authority and Private Property Not Affected.--Nothing in \nthis Act affects or authorizes the City to interfere with--\n (1) the rights of any person with respect to private \n property; or\n (2) any local zoning ordinance or land use plan of the \n State of Utah (including a political subdivision).\n\nSEC. 9. SUNSET.\n\n The Secretary shall not make a grant or provide any assistance \nunder this Act after September 30, 2016.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $1,000,000 for each fiscal year, except that the total \namount authorized to be appropriated to carry out this Act shall not \nexceed $10,000,000.\n (b) 50 Percent Match.--Federal funding provided under this Act may \nnot exceed 50 percent of the total cost of any activity carried out \nwith Federal funds.","summary":"Directs the Secretary of the Interior to study the feasibility of establishing a National Heritage Corridor from the city of Ogden to Promontory Point. Authorizes the Secretary to add to Area lands upon request from the city. Designates the city as the Area's management entity. Requires an Area management plan to be submitted by the city to the Secretary within three years after enactment of this Act. Outlines plan requirements, approval and disapproval procedures, and priorities. Requires the city, in preparing and implementing the management plan, to consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Area. Requires public meetings and annual reports. Authorizes the Secretary to provide technical assistance and grants to the city and the above entities for plan development and implementation. Prohibits the Secretary from making any grants or providing any assistance after September 30, 2016. Authorizes appropriations, with a $10 million total limit for establishing the Area. Prohibits Federal funding from exceeding 50 percent of the cost of any activities carried out under this Act.","title":"Golden Spike\/Crossroads of the West National Heritage Area Act of 1999","text_len":17778,"sum_len":1173} {"bill_id":"113_hr51","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hire Just One Act of 2013''.\n\nSEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS.\n\n (a) Use of Unemployment Fund for Employment Assistance Voucher \nProgram.--\n (1) State law.--Section 3304(a)(4) of the Internal Revenue \n Code of 1986 is amended by striking ``and'' at the end of \n subparagraph (F), by inserting ``and'' at the end of \n subparagraph (G), and by adding at the end the following new \n subparagraph:\n ``(H) during the 120-day period beginning on the \n date of the enactment of the Hire Just One Act of 2013, \n amounts may be withdrawn for the payment of allowances \n under an employment assistance voucher program (as \n defined in section 3306(v));''.\n (2) Permissible expenditures.--Section 3306(f) of such Code \n is amended--\n (A) by striking ``and'' at the end of paragraph \n (5),\n (B) by redesignating the paragraph relating to the \n self-employment assistance program as paragraph (6) and \n striking the period at the end of such paragraph and \n inserting ``; and'', and\n (C) by adding at the end the following new \n paragraph:\n ``(7) during the 120-day period beginning on the date of \n the enactment of the Hire Just One Act of 2013, amounts may be \n withdrawn for the payment of allowances under an employment \n assistance voucher program (as defined in subsection (v)).''.\n (b) Employment Assistance Voucher Program Defined.--Section 3306 of \nsuch Code is amended by adding at the end the following new subsection:\n ``(v) Employment Assistance Voucher Program.--For the purposes of \nthis chapter--\n ``(1) In general.--The term `employment assistance voucher \n program' means a program under which--\n ``(A) an eligible individual is issued an \n employment assistance voucher,\n ``(B) upon employment with an employer described in \n paragraph (5)--\n ``(i) the eligible individual transfers the \n employment assistance voucher to the employer,\n ``(ii) the individual ceases to receive \n unemployment compensation and is paid wages by \n the employer, and\n ``(iii) the employer receives payments upon \n presenting the voucher to the State, and\n ``(C) the program meets such other requirements as \n the Secretary of Labor determines to be appropriate.\n ``(2) Rules relating to unemployed individuals.--For \n purposes of paragraph (1)--\n ``(A) Compensation.--Compensation pursuant to \n paragraph (1)(B)(ii) shall--\n ``(i) not be less than 200 percent of the \n unemployment compensation otherwise payable to \n the individual on the date of the individual's \n employment under the employment assistance \n voucher program,\n ``(ii) not be less than the minimum wage \n (as specified in section 6 of the Fair Labor \n Standards Act of 1938),\n ``(iii) be payable for a period not to \n exceed the maximum number of remaining weeks of \n unemployment compensation (including \n supplemental and emergency) to which the \n employee would be entitled (but for \n participating in the employment assistance \n voucher program), determined as of the date of \n employment.\n ``(B) Termination of employment.--If, before the \n end of the period referred to in subparagraph (A)(iii), \n an individual's employment with an employer under the \n employment assistance voucher program is terminated for \n reasons other than cause, the individual is entitled to \n the remaining period of entitlement referred to in \n subparagraph (A)(iii) less the number of weeks of such \n employment.\n ``(C) Certain requirements not to apply.--State \n requirements relating to availability for work, active \n search for work, and refusal to accept work are not \n applicable to individuals participating in the \n employment assistance voucher program.\n ``(3) Employment assistance voucher.--The term `employment \n assistance voucher' means a voucher--\n ``(A) obtained by an eligible individual pursuant \n to the State law,\n ``(B) payable to the employer of the eligible \n individual--\n ``(i) at a rate determined under State law \n but not to exceed 90 percent of the amount of \n unemployment compensation to which the eligible \n individual is entitled, and\n ``(ii) on the same schedule as unemployment \n compensation would be payable to the individual \n but for employment under the employment \n assistance voucher program.\n ``(4) Eligible individual.--The term `eligible individual' \n means an individual who--\n ``(A) is eligible to receive regular unemployment \n compensation under the State law, extended \n unemployment, or emergency unemployment or would be \n eligible to receive such compensation except for the \n requirements described in paragraph (1)(B),\n ``(B) is identified pursuant to a State worker \n profiling system as an individual likely to exhaust \n regular unemployment compensation,\n ``(C) immediately prior to employment by the \n eligible employer, was unemployed for not less than 6 \n months, and\n ``(D) is employed by an eligible employer.\n ``(5) Eligible employer.--The term `eligible employer' \n means an employer who agrees to the terms and conditions of \n employment under the unemployment assistance voucher program \n and who is approved by the State agency.\n ``(6) Treatment of participating individuals under federal \n and state law.--Individuals participating in an unemployment \n assistance voucher program shall be treated as unemployed for \n the purposes of Federal and State laws applicable to \n unemployment compensation, except that wages paid to the \n employee under such program shall be subject to Federal and \n State taxation to the same extent and in the same manner as \n wages generally.\n ``(7) Cost limiter.--A State program shall not be treated \n as an employment assistance voucher program for purposes of \n this chapter unless the program does not result in any cost to \n the Unemployment Trust Fund (established by section 904(a) of \n the Social Security Act) in excess of the cost that would be \n incurred by such State and charged to such Fund, or to any \n Federal funds in the system if the State had not participated \n in such program.\n ``(8) Prevention of employment termination to participate \n in program.--A State program shall not be treated as an \n employment assistance voucher program for purposes of this \n chapter unless the State has in effect measures to prevent \n employers from terminating employment for purposes of \n participating in the employment assistance voucher program.\n ``(9) Prevention in terminating employees during program.--\n A State program shall not be treated as an employment \n assistance voucher program for purposes of this chapter unless \n the State has in effect measures to recoup payments made to an \n employer under the program if the employer has terminated from \n employment more employees during the 120-day period referred to \n in section 3304(a)(4)(H) than the employer has hired under the \n program.''.\n (c) Conforming Amendment.--Section 303(a)(5) of the Social Security \nAct (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and \ninserting ``: Provided further, That amounts may be withdrawn for the \npayment of allowances under an employment assistance voucher program \n(as defined in section 3306(v) of the Internal Revenue Code of 1986); \nand''.\n (d) State Reports.--Any State operating an employment assistance \nvoucher program approved by the Secretary of Labor pursuant to section \n3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this \nsection) shall report annually to the Secretary on the number of \nindividuals who participate in the program, the operating costs of the \nprogram, compliance with program requirements, and any other relevant \naspects of program operations requested by the Secretary.\n (e) Report to Congress.--Not later than 1 year after the date of \nthe enactment of this Act, the Secretary of Labor shall submit a report \nto the Congress with respect to the operation of the employment \nassistance voucher program. Such report shall be based on the reports \nreceived from the States pursuant to subsection (d) and include such \nother information as the Secretary of Labor determines is appropriate.\n (f) Effective Date.--The provisions of this section and the \namendments made by this section shall take effect on the date of the \nenactment of this Act.","summary":"Hire Just One Act of 2013 - Amends the Internal Revenue Code to allow states, for a 120-day period beginning on the enactment date of this Act, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an eligible individual is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee. Defines an quot, eligible employeequot. As an individual who has been unemployed for at least six months, who is eligible for unemployment compensation, and who is likely to exhaust such compensation. Requires a state program issuing employment assistance vouchers to have in effect measures to recoup subsidies made to an employer if such employer has terminated more employees during the 120-day period than such employer has hired under the program.","title":"Hire Just One Act of 2013","text_len":10237,"sum_len":911} {"bill_id":"106_hr2883","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Citizenship Act of 2000''.\n\n TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED \n STATES\n\nSEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN \n BORN OUTSIDE THE UNITED STATES.\n\n (a) In General.--Section 320 of the Immigration and Nationality Act \n(8 U.S.C. 1431) is amended to read as follows:\n\n ``children born outside the united states and residing permanently in \n the united states; conditions under which citizenship automatically \n acquired\n\n ``Sec. 320. (a) A child born outside of the United States \nautomatically becomes a citizen of the United States when all of the \nfollowing conditions have been fulfilled:\n ``(1) At least one parent of the child is a citizen of the \n United States, whether by birth or naturalization.\n ``(2) The child is under the age of eighteen years.\n ``(3) The child is residing in the United States in the legal \n and physical custody of the citizen parent pursuant to a lawful \n admission for permanent residence.\n ``(b) Subsection (a) shall apply to a child adopted by a United \nStates citizen parent if the child satisfies the requirements \napplicable to adopted children under section 101(b)(1).''.\n (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 320 and inserting the \nfollowing:\n``Sec. 320. Children born outside the United States and residing \n permanently in the United States; conditions under which \n citizenship automatically acquired.''.\n\nSEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN \n CHILDREN BORN OUTSIDE THE UNITED STATES.\n\n (a) In General.--Section 322 of the Immigration and Nationality Act \n(8 U.S.C. 1433) is amended to read as follows:\n\n``children born and residing outside the united states; conditions for \n acquiring certificate of citizenship\n\n ``Sec. 322. (a) A parent who is a citizen of the United States may \napply for naturalization on behalf of a child born outside of the \nUnited States who has not acquired citizenship automatically under \nsection 320. The Attorney General shall issue a certificate of \ncitizenship to such parent upon proof, to the satisfaction of the \nAttorney General, that the following conditions have been fulfilled:\n ``(1) At least one parent is a citizen of the United States, \n whether by birth or naturalization.\n ``(2) The United States citizen parent--\n ``(A) has been physically present in the United States or \n its outlying possessions for a period or periods totaling not \n less than five years, at least two of which were after \n attaining the age of fourteen years; or\n ``(B) has a citizen parent who has been physically present \n in the United States or its outlying possessions for a period \n or periods totaling not less than five years, at least two of \n which were after attaining the age of fourteen years.\n ``(3) The child is under the age of eighteen years.\n ``(4) The child is residing outside of the United States in the \n legal and physical custody of the citizen parent, is temporarily \n present in the United States pursuant to a lawful admission, and is \n maintaining such lawful status.\n ``(b) Upon approval of the application (which may be filed from \nabroad) and, except as provided in the last sentence of section 337(a), \nupon taking and subscribing before an officer of the Service within the \nUnited States to the oath of allegiance required by this Act of an \napplicant for naturalization, the child shall become a citizen of the \nUnited States and shall be furnished by the Attorney General with a \ncertificate of citizenship.\n ``(c) Subsections (a) and (b) shall apply to a child adopted by a \nUnited States citizen parent if the child satisfies the requirements \napplicable to adopted children under section 101(b)(1).''.\n (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 322 and inserting the \nfollowing:\n``Sec. 322. Children born and residing outside the United States; \n conditions for acquiring certificate of citizenship.''.\n\nSEC. 103. CONFORMING AMENDMENT.\n\n (a) In General.--Section 321 of the Immigration and Nationality Act \n(8 U.S.C. 1432) is repealed.\n (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 321.\n\nSEC. 104. EFFECTIVE DATE.\n\n The amendments made by this title shall take effect 120 days after \nthe date of the enactment of this Act and shall apply to individuals \nwho satisfy the requirements of section 320 or 322 of the Immigration \nand Nationality Act, as in effect on such effective date.\n\n TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE \n BELIEF OF CITIZENSHIP\n\nSEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM \n THE UNITED STATES, AND CRIMINAL PENALTIES.\n\n (a) Protection From Being Considered Not of Good Moral Character.--\n (1) In general.--Section 101(f) of the Immigration and \n Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end \n the following:\n``In the case of an alien who makes a false statement or claim of \ncitizenship, or who registers to vote or votes in a Federal, State, or \nlocal election (including an initiative, recall, or referendum) in \nviolation of a lawful restriction of such registration or voting to \ncitizens, if each natural parent of the alien (or, in the case of an \nadopted alien, each adoptive parent of the alien) is or was a citizen \n(whether by birth or naturalization), the alien permanently resided in \nthe United States prior to attaining the age of 16, and the alien \nreasonably believed at the time of such statement, claim, or violation \nthat he or she was a citizen, no finding that the alien is, or was, not \nof good moral character may be made based on it.''.\n (2) Effective date.--The amendment made by paragraph (1) shall \n be effective as if included in the enactment of the Illegal \n Immigration Reform and Immigrant Responsibility Act of 1996 (Public \n Law 104-208; 110 Stat. 3009-546) and shall apply to individuals \n having an application for a benefit under the Immigration and \n Nationality Act pending on or after September 30, 1996.\n (b) Protection From Being Considered Inadmissible.--\n (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration \n and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as \n follows:\n ``(D) Unlawful voters.--\n ``(i) In general.--Any alien who has voted in violation \n of any Federal, State, or local constitutional provision, \n statute, ordinance, or regulation is inadmissible.\n ``(ii) Exception.--In the case of an alien who voted in \n a Federal, State, or local election (including an \n initiative, recall, or referendum) in violation of a lawful \n restriction of voting to citizens, if each natural parent \n of the alien (or, in the case of an adopted alien, each \n adoptive parent of the alien) is or was a citizen (whether \n by birth or naturalization), the alien permanently resided \n in the United States prior to attaining the age of 16, and \n the alien reasonably believed at the time of such violation \n that he or she was a citizen, the alien shall not be \n considered to be inadmissible under any provision of this \n subsection based on such violation.''.\n (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of \n the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is \n amended to read as follows:\n ``(ii) Falsely claiming citizenship.--\n\n ``(I) In general.--Any alien who falsely \n represents, or has falsely represented, himself or \n herself to be a citizen of the United States for any \n purpose or benefit under this Act (including section \n 274A) or any other Federal or State law is \n inadmissible.\n ``(II) Exception.--In the case of an alien making a \n representation described in subclause (I), if each \n natural parent of the alien (or, in the case of an \n adopted alien, each adoptive parent of the alien) is or \n was a citizen (whether by birth or naturalization), the \n alien permanently resided in the United States prior to \n attaining the age of 16, and the alien reasonably \n believed at the time of making such representation that \n he or she was a citizen, the alien shall not be \n considered to be inadmissible under any provision of \n this subsection based on such representation.''.\n\n (3) Effective dates.--The amendment made by paragraph (1) shall \n be effective as if included in the enactment of section 347 of the \n Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting \n occurring before, on, or after September 30, 1996. The amendment \n made by paragraph (2) shall be effective as if included in the \n enactment of section 344 of the Illegal Immigration Reform and \n Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. \n 3009-637) and shall apply to representations made on or after \n September 30, 1996. Such amendments shall apply to individuals in \n proceedings under the Immigration and Nationality Act on or after \n September 30, 1996.\n (c) Protection From Being Considered Deportable.--\n (1) Unlawful voting.--Section 237(a)(6) of the Immigration and \n Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as \n follows:\n ``(6) Unlawful voters.--\n ``(A) In general.--Any alien who has voted in violation of \n any Federal, State, or local constitutional provision, statute, \n ordinance, or regulation is deportable.\n ``(B) Exception.--In the case of an alien who voted in a \n Federal, State, or local election (including an initiative, \n recall, or referendum) in violation of a lawful restriction of \n voting to citizens, if each natural parent of the alien (or, in \n the case of an adopted alien, each adoptive parent of the \n alien) is or was a citizen (whether by birth or \n naturalization), the alien permanently resided in the United \n States prior to attaining the age of 16, and the alien \n reasonably believed at the time of such violation that he or \n she was a citizen, the alien shall not be considered to be \n deportable under any provision of this subsection based on such \n violation.''.\n (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the \n Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended \n to read as follows:\n ``(D) Falsely claiming citizenship.--\n ``(i) In general.--Any alien who falsely represents, or \n has falsely represented, himself to be a citizen of the \n United States for any purpose or benefit under this Act \n (including section 274A) or any Federal or State law is \n deportable.\n ``(ii) Exception.--In the case of an alien making a \n representation described in clause (i), if each natural \n parent of the alien (or, in the case of an adopted alien, \n each adoptive parent of the alien) is or was a citizen \n (whether by birth or naturalization), the alien permanently \n resided in the United States prior to attaining the age of \n 16, and the alien reasonably believed at the time of making \n such representation that he or she was a citizen, the alien \n shall not be considered to be deportable under any \n provision of this subsection based on such \n representation.''.\n (3) Effective dates.--The amendment made by paragraph (1) shall \n be effective as if included in the enactment of section 347 of the \n Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting \n occurring before, on, or after September 30, 1996. The amendment \n made by paragraph (2) shall be effective as if included in the \n enactment of section 344 of the Illegal Immigration Reform and \n Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. \n 3009-637) and shall apply to representations made on or after \n September 30, 1996. Such amendments shall apply to individuals in \n proceedings under the Immigration and Nationality Act on or after \n September 30, 1996.\n (d) Protection From Criminal Penalties.--\n (1) Criminal penalty for voting by aliens in federal \n election.--Section 611 of title 18, United States Code, is amended \n by adding at the end the following:\n ``(c) Subsection (a) does not apply to an alien if--\n ``(1) each natural parent of the alien (or, in the case of an \n adopted alien, each adoptive parent of the alien) is or was a \n citizen (whether by birth or naturalization);\n ``(2) the alien permanently resided in the United States prior \n to attaining the age of 16; and\n ``(3) the alien reasonably believed at the time of voting in \n violation of such subsection that he or she was a citizen of the \n United States.''.\n (2) Criminal penalty for false claim to citizenship.--Section \n 1015 of title 18, United States Code, is amended by adding at the \n end the following:\n``Subsection (f) does not apply to an alien if each natural parent of \nthe alien (or, in the case of an adopted alien, each adoptive parent of \nthe alien) is or was a citizen (whether by birth or naturalization), \nthe alien permanently resided in the United States prior to attaining \nthe age of 16, and the alien reasonably believed at the time of making \nthe false statement or claim that he or she was a citizen of the United \nStates.''.\n (3) Effective dates.--The amendment made by paragraph (1) shall \n be effective as if included in the enactment of section 216 of the \n Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n (Public Law 104-208; 110 Stat. 3009-572). The amendment made by \n paragraph (2) shall be effective as if included in the enactment of \n section 215 of the Illegal Immigration Reform and Immigrant \n Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-\n 572). The amendments made by paragraphs (1) and (2) shall apply to \n an alien prosecuted on or after September 30, 1996, except in the \n case of an alien whose criminal proceeding (including judicial \n review thereof) has been finally concluded before the date of the \n enactment of this Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Provides for issuance of a certificate of naturalization for a child born outside of the United States when the following conditions are met: (1) at least one parent is a US citizen who has been present in the United States for not less than five years, at least two of which were after having attained the age of 14, or who has a citizen parent meeting such requirements, (2) the child is under 18 years old. And (3) the child is residing outside the United States in the legal and physical custody of the citizen parent, is temporarily and lawfully present in the United States, and is maintaining such lawful status. Applies such provision to an adopted child meeting certain definitional requirements who is adopted by a US citizen parent. Title II: Protections for Certain Aliens Voting Based on Reasonable Belief of Citizenship - Amends the Immigration and Nationality Act respecting unlawful voting or false US citizenship claims by permanent resident aliens under 16 years old having natural or adoptive US citizen parents, to provide exceptions from certain provisions regarding deportability, moral character, inadmissability or related criminal penalties.","title":"Child Citizenship Act of 2000","text_len":15653,"sum_len":1166} {"bill_id":"107_s2203","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Counseling in Shelters Act of \n2002''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Nearly \\1\/3\\ of American women report being physically \n or sexually abused by a husband or boyfriend at some point in \n their lives.\n (2) Fifty-six percent of women who experience any partner \n violence are diagnosed with a psychiatric disorder. Twenty-nine \n percent of all women who attempt suicide were battered, 37 \n percent of battered women have symptoms of depression, 46 \n percent have symptoms of anxiety disorder, and 45 percent \n experience post-traumatic stress disorder.\n (3) Children who witness domestic violence are more likely \n to exhibit behavioral and physical health problems including \n depression, anxiety, and violence toward peers. They are also \n more likely to attempt suicide, abuse drugs and alcohol, run \n away from home, engage in teenage prostitution, and commit \n sexual assault crimes.\n (4) Each year, at least 6 percent of all pregnant women, \n equal to about 240,000 pregnant women, are battered by the men \n in their lives.\n (5) Complications of pregnancy, including low weight gain, \n anemia, and first and second trimester bleeding are \n significantly higher for abused women, as are maternal rates of \n depression, suicide attempts, tobacco, alcohol, and illicit \n drug use.\n (6) A major domestic violence program in St. Petersburg, \n Florida, reports that 70 percent of the families that come to \n their shelter have substance abuse in their family--either the \n woman, her children, or her batterer. One study of a low-income \n Chicago neighborhood found that 42 percent of women \n experiencing severe abuse in the past 12 months reported \n depression.\n\nSEC. 3. SHELTER GRANTS.\n\n (a) Grants Authorized.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary''), acting \n through the Assistant Secretary for the Administration on \n Children, Youth, and Families, shall make grants to eligible \n entities for the purpose of providing on site mental health and \n substance abuse counseling and referral services.\n (2) Eligible entity defined.--In this section the term \n ``eligible entity'' means a public or nonprofit private \n domestic or sexual violence program or other community-based \n entity including an Indian tribe or tribal organization that \n primarily serves victims of domestic violence.\n (3) Duration of awards.--The Secretary shall award grants \n under this section for a period not to exceed 5 years. Such \n grants may be renewed.\n (b) Use of Funds.--An entity awarded a grant pursuant to subsection \n(a) shall--\n (1) hire licensed professionals to provide on site mental \n health and substance abuse counseling to women and children who \n have been subjected to domestic or sexual violence;\n (2) hire dedicated staff qualified to coordinate the mental \n health and substance abuse services for victims of domestic and \n sexual violence and their children including linking them with \n more comprehensive treatment programs in their local \n communities; and\n (3) provide training in the dynamics of domestic violence \n and sexual assault, including safety risk, potential lethality, \n and appropriate interventions, to those mental health and \n substance abuse professionals hired to provide services to \n these women and their children.\n (c) Application.--\n (1) In general.--Each eligible entity that desires to \n receive a grant under this section shall submit to the \n Secretary an application at such time, in such manner, and \n containing such information as the Secretary may require.\n (2) Contents.--Each application submitted pursuant to \n paragraph (1) shall contain a plan for the rigorous evaluation \n of the activities funded under this section, including process \n and outcome evaluation, and the submission of an evaluation at \n the end of the project period.\n (d) Grantmaking Considerations.-- The Secretary, in awarding grants \nunder this section shall--\n (1) ensure that such grants are distributed equitably among \n the regions of the country and among urban and rural areas; and\n (2) give preference to applicants with strong ties to \n minority communities and those that demonstrate high levels of \n cultural competence.\n (e) Technical Assistance.--The Secretary, acting through the \nAssistant Secretary for the Administration on Children, Youth, and \nFamilies, shall provide technical assistance to grant recipients with \nrespect to the implementation of programs to provide on site mental \nhealth and substance abuse counseling and referral services.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for fiscal year \n2003, and such sums as may be necessary for succeeding fiscal years.","summary":"Counseling in Shelters Act of 2002 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, to make grants for up to five years to eligible community-based entities to provide on-site mental health and substance abuse counseling and referral services for victims of domestic or sexual violence. Permits grant funds to be used for hiring professionals and staff and providing training in the dynamics of domestic violence and sexual assault. Requires the Secretary, in awarding such grants, to: (1) ensure equitable geographic and urbanrural distribution. (2) give preference to entities with high levels of cultural competence and strong ties to minority communities, and (3) provide technical assistance.","title":"A bill to provide grants for mental health and substance abuse services for women and children who have been victims of domestic or sexual violence.","text_len":5436,"sum_len":798} {"bill_id":"115_hr655","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing the Cities Act of 2017''.\n\nSEC. 2. SECURING THE CITIES PROGRAM.\n\n (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 \nU.S.C. 591 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 1908. SECURING THE CITIES PROGRAM.\n\n ``(a) Establishment.--The Director for Domestic Nuclear Detection \nshall establish the `Securing the Cities' (`STC') program to enhance \nthe ability of the United States to detect and prevent terrorist \nattacks and other high consequence events utilizing nuclear or other \nradiological materials that pose a high risk to homeland security in \nhigh-risk urban areas. Through the STC program the Director shall--\n ``(1) assist State, local, tribal, and territorial \n governments in designing and implementing, or enhancing \n existing, architectures for coordinated and integrated \n detection and interdiction of nuclear or other radiological \n materials that are out of regulatory control;\n ``(2) support the development of a region-wide operating \n capability to detect and report on nuclear and other \n radioactive materials out of regulatory control;\n ``(3) provide resources to enhance detection, analysis, \n communication, and coordination to better integrate State, \n local, tribal, and territorial assets into Federal operations;\n ``(4) facilitate alarm adjudication and provide subject \n matter expertise and technical assistance on concepts of \n operations, training, exercises, and alarm response protocols;\n ``(5) communicate with, and promote sharing of information \n about the presence or detection of nuclear or other \n radiological materials among appropriate Federal, State, local, \n tribal, and territorial governments, in a manner that ensures \n transparency with the jurisdictions served by such program;\n ``(6) provide augmenting resources, as appropriate, \n enabling State, local, tribal, and territorial governments to \n sustain and refresh their capabilities developed under the STC \n program; and\n ``(7) provide any other assistance the Director determines \n appropriate.\n ``(b) Designation of Jurisdictions.--In carrying out the program \nunder subsection (a), the Director shall designate jurisdictions from \namong high-risk urban areas under section 2003, and other cities and \nregions, as appropriate.\n ``(c) Congressional Notification.--The Director shall notify the \nCommittee on Homeland Security and the Committee on Appropriations of \nthe House of Representatives and the Committee on Homeland Security and \nGovernmental Affairs and the Committee on Appropriations of the Senate \nnot later than three days before the designation of new jurisdictions \nunder subsection (b) or other changes to participating \njurisdictions.''.\n (b) GAO Report.--Not later than 1 year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to the Committee on Homeland Security and the Committee on \nAppropriations of the House of Representatives and the Committee on \nHomeland Security and Governmental Affairs and the Committee on \nAppropriations of the Senate an assessment, including an evaluation of \nthe effectiveness, of the Securing the Cities program under section \n1908 of the Homeland Security Act of 2002, as added by subsection (a) \nof this section.\n (c) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by inserting after the \nitem relating to section 1907 the following new item:\n\n``Sec. 1908. Securing the Cities program.''.\n\nSEC. 3. MODEL EXERCISES.\n\n Not later than 120 days after the date of the enactment of this \nAct, the Director for Domestic Nuclear Detection of the Department of \nHomeland Security shall report to the Committee on Homeland Security \nand the Committee on Appropriations of the House of Representatives and \nthe Committee on Homeland Security and Governmental Affairs and the \nCommittee on Appropriations of the Senate on the feasibility of the \nDirector developing model exercises to test the preparedness of \njurisdictions participating in the Securing the Cities program under \nsection 1908 of the Homeland Security Act of 2002 (as added by section \n2 of this Act) in meeting the challenges that may be posed by a range \nof nuclear and radiological threats.\n\nSEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by this Act. Such requirements shall \nbe carried out using amounts otherwise authorized.\n\n Passed the House of Representatives January 31, 2017.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Securing the Cities Act of 2017 This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Under such program, the DNDO shall: assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control. Support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control. Provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations. Facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols. Communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency. Provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program. And designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions. The Comptroller General is required to submit an assessment evaluating the effectiveness of the program. The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats.","title":"Securing the Cities Act of 2017","text_len":5034,"sum_len":2181} {"bill_id":"114_s2017","text":"SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.\n\n The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is \namended by adding at the end the following:\n\n``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.\n\n ``(a) Definitions.--In this section:\n ``(1) Agency.--The term `agency' includes--\n ``(A) any instrumentality of the United States;\n ``(B) any element of an agency; and\n ``(C) any wholly owned or mixed-owned corporation \n of the Federal Government identified in chapter 91 of \n title 31, United States Code.\n ``(2) Alexander creek.--The term `Alexander Creek' means \n Alexander Creek, Incorporated, a Village Corporation recognized \n and organized pursuant to section (b).\n ``(3) Region.--The term `Region' means Cook Inlet Region \n Incorporated, a Regional Corporation, which is the appropriate \n Regional Corporation for Alexander Creek under section 14(h).\n ``(b) Recognition of the Village of Alexander Creek.--Subject to \nthe limitations of this section and notwithstanding subsection (d) of \nsection 1432 of the Alaska National Interest Lands Conservation Act \n(Public Law 96-487; 94 Stat. 2543) or any conveyance under that \nsection, Alexander Creek, Incorporated, a Group Corporation organized \npursuant to this Act located within T. 15 N., R. 7 W., Seward Meridian, \nAlaska, is recognized as an eligible Native village under section \n11(b)(3).\n ``(c) Organization of Alexander Creek.--As soon as practicable \nafter the date of enactment of this section, Alexander Creek shall file \nin the State--\n ``(1) any amendments to the corporate charter of Alexander \n Creek that are necessary to convert from a Group Corporation to \n a Village Corporation; and\n ``(2) any amendments to the corporate charter and governing \n business documents of Alexander Creek that are necessary to \n fulfill the terms of the agreement authorized under subsection \n (d).\n ``(d) Negotiations; Agreement.--\n ``(1) In general.--Not later than 30 days after the date of \n enactment of this section, the Secretary shall commence \n negotiations with Alexander Creek to fairly and equitably \n settle any aboriginal land claims and any other claims that \n Alexander Creek has against the United States.\n ``(2) Agreement.--\n ``(A) Deadline.--Not later than 13 months after the \n date of enactment of this section, the Secretary shall \n enter into an agreement with Alexander Creek relating \n to the claims described in paragraph (1).\n ``(B) Terms.--Notwithstanding the prior status of \n Alexander Creek as a Group Corporation, an agreement \n under this paragraph shall be in approximate value \n parity, considering inflation, with agreements of other \n Village Corporations.\n ``(C) Availability of funds.--Any funds to be \n provided for Alexander Creek under an agreement entered \n into under this paragraph shall be available subject to \n appropriations.\n ``(D) Applicable law.--\n ``(i) In general.--The Secretary shall \n carry out an agreement entered into under this \n paragraph--\n ``(I) in accordance with this \n section and other existing authorities; \n and\n ``(II) in coordination with the \n Administrator of General Services \n pursuant to section 549 of title 40, \n United States Code, with respect to \n property to be transferred to Alexander \n Creek pursuant to the agreement, \n subject to clause (ii).\n ``(ii) Consideration as state.--\n Notwithstanding paragraphs (2) and (3) of \n section 549(a) of title 40, United States Code, \n Alexander Creek shall be considered a `State' \n and a `State agency' under that section for the \n purposes of the Secretary carrying out an \n agreement under this paragraph.\n ``(e) Shareholder Participation.--\n ``(1) In general.--Alexander Creek shall notify each member \n of the Village Corporation recognized under subsection (b) \n that, as of the date of enactment of this section--\n ``(A) the member shall cease to receive benefits \n from the Region as at-large shareholders pursuant to \n section 7(m); and\n ``(B) all future resource payments from the Region \n shall be made to the Village Corporation pursuant to \n section 7(j).\n ``(2) Limitation of liability.--The Region shall not be \n liable under any Federal, State, or local law or under Federal \n or State common law for damages arising out of or related to \n the cessation of payments to the members of Alexander Creek \n described in paragraph (1)(A).\n ``(f) Effect.--Except as provided in this section with respect to \nAlexander Creek, nothing in this section--\n ``(1) modifies or amends any land conveyance entitlement or \n conveyance agreement--\n ``(A) between the Region and a Village Corporation \n (other than Alexander Creek) in the Region;\n ``(B) between the Region and the Federal \n Government; or\n ``(C) between any party described in subparagraph \n (A) or (B) and the State; or\n ``(2) reduces the land entitlement to which Alexander Creek \n became entitled as a Group Corporation, including the land \n selected by and conveyed to Alexander Creek on the date of \n enactment of this section.''.","summary":"This bill amends the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village. Currently, Alexander Creek is recognized as a Native group. Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group to a Native village. The Department of the Interior must negotiate with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims against the United States. Alexander Creek must notify its members that the Cook Inlet regional corporation will make future payments to the village instead of to individual members. The regional corporation is not liable for damages related to cessation of payments to individual members of Alexander Creek.","title":"A bill to amend the Alaska Native Claims Settlement Act to recognize Alexander Creek, Alaska, as a Native village, and for other purposes.","text_len":6366,"sum_len":754} {"bill_id":"109_s3969","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lead Poisoning Reduction Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the number of children suffering from lead poisoning \n remains unacceptably high;\n (2) children younger than 6 years of age are much more \n likely to suffer the devastating effects of lead poisoning;\n (3) the health of children may be impacted at lower levels \n of lead exposure than previously thought;\n (4) lead poisoning can lead to organ damage, as well as \n serious developmental, learning, and behavioral problems in \n children;\n (5) owners and managers of childcare and pre-school \n facilities constructed before 1978 need guidance with respect \n to protecting children of the United States from exposure to \n lead; and\n (6) the Administrator of the Environmental Protection \n Agency has the authority, but, as of the date of enactment of \n this Act, has elected not, to promulgate regulations pursuant \n to section 402 of the Toxic Substances Control Act (15 U.S.C. \n 2682) to reduce lead exposure in child-occupied facilities.\n\nSEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES.\n\n Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is \namended by adding at the end the following:\n ``(d) Child-Occupied Facilities.--\n ``(1) Definitions.--In this subsection:\n ``(A) Child-occupied facility.--\n ``(i) In general.--The term `child-occupied \n facility' means a facility described in clause \n (ii) that was constructed before January 1, \n 1978, and that is visited regularly by a child \n of not more than 6 years old for at least 2 \n days within any week for not less than--\n ``(I) 3 hours each visit;\n ``(II) 6 hours each week; and\n ``(III) 60 hours each calendar \n year.\n ``(ii) Description of facility.--A facility \n referred to in clause (i) is--\n ``(I) a childcare center;\n ``(II) a pre-school or kindergarten \n classroom; or\n ``(III) except as provided in \n clause (iii), any other facility \n (including a facility used for a Head \n Start program or a similar program) at \n which a childcare provider receives \n compensation or a subsidy for services \n provided.\n ``(iii) Exclusion.--The term `child-\n occupied facility' does not include a home-\n based childcare facility.\n ``(B) Exposure pathway.--The term `exposure \n pathway' includes, with respect to lead--\n ``(i) lead-based paint and lead-based paint \n hazards; and\n ``(ii) lead contained in--\n ``(I) drinking water plumbing and \n fixtures;\n ``(II) furniture, fixtures, and \n playground equipment; and\n ``(III) products used by or for \n children.\n ``(C) Home-based childcare facility.--The term \n `home-based childcare facility' means an owner-occupied \n or rental housing unit--\n ``(i) at which 1 or more individuals \n reside; and\n ``(ii) that meets the requirements under \n clauses (i) and (ii) of subparagraph (A) for a \n child-occupied facility.\n ``(D) Select group.--The term `Select Group' means \n the Select Group on Lead Exposure established by \n paragraph (2)(A).\n ``(2) Select group on lead exposure.--\n ``(A) Establishment.--There is established a Select \n Group on Lead Exposure, to be composed of--\n ``(i) the Secretary of Education (or a \n designee);\n ``(ii) the Director of the Centers for \n Disease Control and Prevention (or a designee);\n ``(iii) the Director of the National \n Institute of Environmental Health Science (or a \n designee);\n ``(iv) the Assistant Secretary of the \n Administration for Children and Families (or a \n designee);\n ``(v) the Director of the National \n Institute of Child Health and Human Development \n (or a designee); and\n ``(vi) the head of any other Federal agency \n (or a designee), as the Administrator \n determines to be appropriate.\n ``(B) Duties.--The Select Group shall advise the \n Administrator on actions necessary to carry out this \n subsection and related activities.\n ``(C) Compensation of members.--A member of the \n Select Group shall serve without compensation.\n ``(D) Travel expenses.--A member of the Select \n Group shall be allowed travel expenses, including per \n diem in lieu of subsistence, at rates authorized for an \n employee of an agency under subchapter I of chapter 57 \n of title 5, United States Code, while away from the \n home or regular place of business of the member in the \n performance of the duties of the Select Group.\n ``(3) Baseline standards and model program.--\n ``(A) Study.--Not later than 180 days after the \n date of enactment of this subsection, the Select Group \n shall conduct a study of State, tribal, and local \n programs the purpose of which is to protect children \n from exposure to lead at child-occupied facilities.\n ``(B) Standards and program.--\n ``(i) Development.--Not later than 1 year \n after the date of enactment of this subsection, \n the Select Group shall develop--\n ``(I) baseline standards with which \n a State, tribal, or local program \n described in subparagraph (A) shall \n comply to be eligible to receive a \n grant under paragraph (4); and\n ``(II) a model program to protect \n children from exposure to lead at \n child-occupied facilities that can be \n adopted for use by State, tribal, and \n local governments.\n ``(ii) Factors for consideration.--In \n developing the baseline standards and model \n program under clause (i), the Select Group \n shall take into consideration--\n ``(I) the results of the study \n under subparagraph (A);\n ``(II) regulations promulgated \n pursuant to subsection (a) (including \n the process of promulgating the \n regulations); and\n ``(III) guidance for childcare \n providers produced by agencies and \n other groups, including--\n ``(aa) any member of the \n Select Group;\n ``(bb) the American Academy \n of Pediatrics;\n ``(cc) the American Public \n Health Association; and\n ``(dd) the National Center \n for Healthy Housing.\n ``(iii) Requirements.--\n ``(I) Baseline standards.--The \n baseline standards developed under \n clause (i)(I) shall include guidelines \n for--\n ``(aa) assessing child-\n occupied facilities for the \n identification and remediation \n of exposure pathways; and\n ``(bb) informing children \n and families that visit child-\n occupied facilities of the \n exposure pathways and related \n hazards.\n ``(II) Model program.--The model \n program developed under clause (i)(II) \n shall meet or exceed such applicable \n standards (including the baseline \n standards under clause (i)(I)) as the \n Administrator may establish with \n respect to grant programs carried out \n by the Administrator, including \n standards requiring that--\n ``(aa) each appropriate \n child-occupied facility shall \n be provided a notice as soon as \n practicable after a child \n served by the child-occupied \n facility is diagnosed with lead \n poisoning, subject to such \n guidelines as the Select Group \n determines to be necessary to \n ensure the protection of \n privileged medical information; \n and\n ``(bb) on receiving a \n notification under item (aa), a \n child-occupied facility that \n has not been tested for the \n presence of lead in exposure \n pathways shall be so tested.\n ``(4) Grant program.--\n ``(A) Definition of eligible facility.--\n ``(i) In general.--In this paragraph, the \n term `eligible facility' means a child-occupied \n facility that participates in a State, tribal, \n or local program--\n ``(I) the purpose of which is to \n protect children from exposure to lead \n at child-occupied facilities; and\n ``(II) that--\n ``(aa) is based on the \n model program developed under \n paragraph (3)(B)(i)(II); or\n ``(bb) otherwise meets the \n baseline standards developed \n under paragraph (3)(B)(i)(I).\n ``(ii) Exclusion.--The term `eligible \n facility' does not include a home-based \n childcare facility.\n ``(B) Establishment.--Not later than 1 year after, \n but in no case before, the date of development of \n baseline standards and the model program under \n paragraph (3), the Administrator, in consultation with \n the Select Group, shall establish a program under which \n the Administrator shall provide grants to eligible \n facilities to assist the eligible facilities in \n carrying out activities to protect children from \n exposure to lead at eligible facilities.\n ``(C) Application.--To be eligible to receive a \n grant under this paragraph, an eligible facility shall \n submit to the Administrator an application at such \n time, in such manner, and containing such information \n as the Administrator, in consultation with the Select \n Group, may require.\n ``(D) Cost sharing.--\n ``(i) In general.--The non-Federal share of \n the cost of an activity funded by a grant under \n this paragraph shall be 20 percent.\n ``(ii) Provision.--The non-Federal share \n under clause (i)--\n ``(I) may be provided using State, \n tribal, and local government funds and \n private funds; and\n ``(II) shall not be provided using \n funds appropriated pursuant to any \n Federal program.\n ``(E) Authorization of appropriations.--There is \n authorized to be appropriated to carry out this \n paragraph $42,600,000 for the period of fiscal years \n 2007 through 2011.\n ``(5) Regulations.--\n ``(A) Testing.--Not later than 18 months after the \n date of enactment of this subsection, the Administrator \n shall promulgate regulations requiring that--\n ``(i) child-occupied facilities placed into \n service after that date shall test each \n applicable exposure pathway for the presence of \n lead; and\n ``(ii) no State or Indian tribe shall issue \n to a child-occupied facility described in \n clause (i) a license until--\n ``(I) the testing required under \n clause (i) is completed; and\n ``(II) the exposure to lead, if \n any, in each applicable exposure \n pathway is eliminated.\n ``(B) Elimination of risk.--\n ``(i) In general.--Not later than 3 years \n after the date of enactment of this subsection, \n the Administrator shall promulgate proposed \n regulations requiring all child-occupied \n facilities to eliminate the risk of exposure to \n lead through applicable exposure pathways.\n ``(ii) Finalization and effective date.--\n The proposed regulations under clause (i)--\n ``(I) shall be finalized by the \n Administrator not later than 4 years \n after the date of enactment of this \n subsection; and\n ``(II) shall take effect not later \n than 5 years after the date of \n enactment of this subsection.\n ``(6) Contractors engaged in renovation, remodeling, and \n painting of child-occupied facilities.--Not later than 18 \n months after the date of enactment of this subsection, the \n Administrator, in consultation with the Select Group, shall--\n ``(A) apply regulations promulgated pursuant to \n subsection (c)(3) to contractors and other workers \n engaged in the renovation, remodeling, or painting of \n child-occupied facilities; and\n ``(B) establish a program to provide information, \n training, and materials concerning those activities to \n the contractors and workers.\n ``(7) Report to congress.--Not later than 3 years after the \n date of enactment of this subsection, the Administrator, in \n consultation with the Select Group, shall submit to Congress a \n report containing--\n ``(A) a list of States and Indian tribes carrying \n out programs to protect children from exposure to lead \n at child-occupied facilities that meet the baseline \n standards developed under paragraph (3)(B)(i)(I) \n (including by adopting the model program developed \n under paragraph (3)(B)(i)(II));\n ``(B) the number of child-occupied facilities that \n received grants under paragraph (4) during the \n preceding 3-year period; and\n ``(C) recommendations for additional Federal funds \n and resources, if any, required to ensure the \n protection of children from exposure to lead at child-\n occupied facilities.''.","summary":"Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978. (2) develop baseline standards such programs must meet to receive a grant under this Act. And (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments. Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification. Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure. (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways. And (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them.","title":"A bill to amend the Toxic Substances Control Act to assess and reduce the levels of lead found in child-occupied facilities in the United States, and for other purposes.","text_len":18856,"sum_len":1591} {"bill_id":"103_s2267","text":"SECTION 1. DIRECT SALE OF EXCESS PROPERTY.\n\n (a) Amendment of Title 18, United States Code.--\n (1) In general.--Chapter 307 of title 18, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 4130. Direct sale of excess property\n ``Notwithstanding any other law, Federal Prison Industries may sell \non the open market at the best available price such excess or \nobsolescent property as Federal Prison Industries deems appropriate, \nthe proceeds of such sales to be deposited in the Treasury to the \ncredit of the Prison Industries Fund.''.\n (2) Technical amendment.--The chapter analysis for chapter \n 307 of title 18, United States Code, is amended by adding at \n the end the following new item:\n\n``4130. Direct sale of excess property.''.\n (b) Amendment of the Federal Property and Administrative Services \nAct.--Section 602 of the Federal Property and Administrative Services \nAct of 1949 (40 U.S.C. 474) is amended--\n (1) by striking ``or'' at the end of paragraph (20);\n (2) by striking the period at the end of paragraph (21) and \n inserting ``; or''; and\n (3) by adding after paragraph (21) the following new \n paragraph:\n ``(22) Federal Prison Industries with respect to the \n disposal of property described in section 4130 of title 18, \n United States Code.''.\n (c) Transportation and Importation.--Section 1761(b) of title 18, \nUnited States Code, is amended by inserting ``, nor to property \ndescribed in section 4130'' before the period.\n\nSEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS.\n\n Section 4126 of title 18, United States Code, is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a) Federal Prison Industries shall determine the character of \nand necessity for its obligations and expenditures, and the manner in \nwhich they shall be incurred, allowed, and paid, subject to laws \nspecifically applicable to government corporations.'';\n (2) by striking subsections (d) and (e); and\n (3) by redesignating subsection (f) as subsection (d).\n\nSEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES.\n\n Section 4122(a) of title 18, United States Code, is amended to read \nas follows:\n ``(a)(1) As authorized by this chapter, Federal Prison Industries \nshall determine in what manner and to what extent industrial operations \nshall be carried on in Federal penal and correctional institutions for \nthe production of commodities and services.\n ``(2) Commodities and services produced by Federal Prison \nIndustries shall be sold at current market prices and shall conform to \ndesign, quality, and testing standards of the Federal Government and \nthe relevant private industry.''.\n\nSEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES \n AND SERVICES.\n\n (a) In General.--Section 4124 of title 18, United States Code, is \namended--\n (1) by striking ``(b) Disputes'' and inserting ``(f) \n Disputes.--Disputes'';\n (2) by striking ``(c) Each'' and inserting ``(g) Reporting \n of Acquisitions.--Each'';\n (3) by striking ``(d) Within'' and inserting ``(h) \n Catalog.--Within''; and\n (4) by striking the heading and subsection (a) and \n inserting the following:\n``Sec. 4124. Production and acquisition of prison-made products, \n processes, and services\n ``(a) Relationship Between Federal Prison Industries and Government \nInstitutions.--The Federal departments and agencies and all other \nGovernment institutions of the United States shall--\n ``(1) purchase from Federal Prison Industries such \n products, processes, or services of the industries authorized \n by this chapter as meet their requirements and may be \n available, except that if Federal Prison Industries and the \n workshops for the blind or other severely handicapped each \n offer competitive services, priority shall be afforded to \n services offered by the workshops; and\n ``(2) provide to Federal Prison Industries the maximum \n practicable opportunity to participate as a subcontractor in \n labor-intensive, light manufacturing segments of contracts \n awarded, consistent with efficient contract performance.\n ``(b) Production of Products, Processes, and Services Otherwise \nProduced Offshore.--(1) Notwithstanding any other law and subject to \nthe limitations stated in this subsection, Federal Prison Industries \nmay produce or provide for sale on the open market processes, products, \nand services that would otherwise be produced by foreign labor at \noffshore locations.\n ``(2) Federal Prison Industries may enter into agreements with \nprivate industry in order to carry out this section.\n ``(3) The board of directors of Federal Prison Industries shall \ncertify that processes, products, or services undertaken under this \nsection--\n ``(A) are labor-intensive and limited to levels that \n replace goods and services produced by offshore labor; and\n ``(B) do not significantly increase competition with any \n remaining domestic labor or industry.\n ``(c) Recycling of Materials for Sale on the Open Market.--\nNotwithstanding any other law, Federal Prison Industries may produce \nand provide for sale on the open market recycled materials directly or \nin partnership with private sector firms.\n ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding \nany other law, Federal Prison Industries may produce or provide goods \nand services for sale or donation on the open market to private, \nnonprofit organizations chartered by Congress to assist in flood or \nother disaster relief programs or activities.\n ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items \nsold on the open market pursuant to the authority granted in this \nchapter are exempt from the prohibition against shipment in commerce of \nprison-made goods contained in section 1761.\n ``(B) Inmates who work on the production of products or processes \nor provide services under this section are exempt from the minimum wage \nrequirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et \nseq.).\n ``(2) Section 4122(b) (4) and (5) do not apply with respect to \nproduction undertaken pursuant to subsection (b) or (c).''.\n (b) Technical Amendment.--The chapter analysis for chapter 307 of \ntitle 18, United States Code, is amended by striking the item relating \nto section 4124 and inserting the following:\n\n``4124. Production and acquisition of prison-made products, processes, \n and services.''.\n\nSEC. 5. PROCUREMENT.\n\n (a) In General.--Chapter 307 of title 18, United States Code, as \namended by section 1(a), is amended by adding at the end the following \nnew section:\n``Sec. 4131. Procurement\n ``(a) In General.--Funds available to Federal Prison Industries may \nbe used to enter into contracts directly related to the purchase of \ngoods for industrial operations authorized under this chapter without \nregard to laws governing procurement by Federal agencies.\n ``(b) Rule of Construction.--Nothing in this section shall be \nconstrued to affect any requirement of law to purchase commodities and \nservices produced or provided by qualified nonprofit agencies for the \nblind and other severely handicapped.\n ``(c) Procedures.--The board of directors of Federal Prison \nIndustries shall establish procedures to ensure that any such \nprocurements are conducted in a manner that promotes competition \nconsistent with the needs of the Corporation.''.\n (b) Technical Amendment.--The chapter analysis for chapter 307 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing new item:\n\n``4131. Procurement.''.","summary":"Amends the Federal criminal code to authorize Federal Prison Industries (FPI) to sell excess or obsolescent property on the open market at the best available price, with the proceeds of such sales to be deposited to the Prison Industries Fund. Requires FPI to determine the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to laws applicable to Government corporations. Requires commodities and services produced by FPI to be sold at current market prices and to conform to Federal and relevant private industry design, quality, and testing standards. Accords services of the workshops for the handicapped priority for Federal purchasing over those offered by FPI if both entities offer competitive services. Requires Federal agencies to provide to FPI the maximum opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of awarded contracts. Authorizes FPI to: (1) produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations. And (2) enter into agreements with private industry for such purposes. Requires FPI to certify that such products, processes, or services: (1) are labor-intensive and limited to levels that replace goods and services produced by offshore labor. And (2) do not significantly increase competition with any remaining domestic labor or industry. Authorizes FPI to: (1) produce and provide recycled materials for sale on the open market. And (2) produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations to assist in disaster relief. Exempts: (1) items sold on the open market pursuant to this Act from the prohibition against shipment in commerce of prison-made goods. And (2) inmates who work on the production of products or services from the minimum wage requirements of the Fair Labor Standards Act of 1938. Authorizes FPI funds to be used to enter into contracts related to the purchase of goods for industrial operations without regard to laws governing procurement by Federal agencies.","title":"A bill to enable all able-bodied Federal prisoners to work.","text_len":7947,"sum_len":2193} {"bill_id":"115_s1777","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Corporate Responsibility Fee Act of \n2017''.\n\nSEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE \n EMPLOYEES.\n\n (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is \namended by adding after chapter 36 the following new chapter:\n\n ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX\n\n``Sec. 4511. Imposition of tax.\n\n``SEC. 4511. IMPOSITION OF TAX.\n\n ``(a) In General.--In the case of an applicable employer who \nemploys a low-wage employee during the calendar year, there is imposed \na tax equal to the applicable percentage of the aggregate amount of \nwages paid by the applicable employer with respect to employment of all \nemployees of the employer during the calendar year.\n ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this \nsection--\n ``(1) Applicable employer.--\n ``(A) In general.--The term `applicable employer' \n means, with respect to any calendar year, any employer \n who was required to make deposits of taxes under \n chapters 21 and 24 (or who would have been required to \n make such deposits if the rules of subparagraph (C) \n applied for such purposes) by the close of the next day \n for periods aggregating more than 180 days during the \n preceding calendar year.\n ``(B) Exception.--Such term shall not include a \n Federal or other governmental entity or a church or \n qualified church organization (as such terms are \n defined in section 3121(w)(3)).\n ``(C) Aggregation rules.--The rules of subsections \n (b), (c), (m), and (o) of section 414 shall apply for \n purposes of this section, except that in applying \n subsections (b) and (c) of such section, the phrase \n `more than 50 percent' shall be substituted for the \n phrase `more than 80 percent' each place it appears.\n ``(2) Low-wage employee.--\n ``(A) In general.--The term `low-wage employee' \n means any employee who receives wages from an \n applicable employer during the calendar year in an \n amount less than 218 percent of the Federal poverty \n line (within the meaning of section 2110(c)(5) of the \n Social Security Act) for an individual. Rules similar \n to the rules of section 36B(d)(3)(B) shall apply for \n purposes of this subparagraph.\n ``(B) Employees employed for less than entire \n year.--In the case of any employee employed by an \n applicable taxpayer for less than the entire calendar \n year, the amount described in subparagraph (A) shall be \n reduced by an amount which bears the same ratio to such \n amount as--\n ``(i) the number of weeks during the \n calendar year in which such individual was not \n an employee of such applicable employer, bears \n to\n ``(ii) 52.\n ``(c) Applicable Percentage.--For purposes of subsection (a)--\n ``(1) In general.--\n ``(A) Determination.--The applicable percentage \n shall be determined as follows:\n\n\n------------------------------------------------------------------------\n ``In the case of an applicable employer with a low-wage The applicable\n employee ratio of: percentage is:\n------------------------------------------------------------------------\n25% or less............................................. 25%\nGreater than 25% but not greater than 50%............... 50%\nGreater than 50%, but not greater than 75%.............. 75%\nGreater than 75%........................................ 100%.\n------------------------------------------------------------------------\n\n ``(B) Low-wage employee ratio.--For purposes of \n subparagraph (A), the low-wage employee ratio with \n respect to any applicable employer is the ratio \n (expressed as a percentage) of--\n ``(i) the number of low-wage employees \n employed by the applicable employer during the \n calendar year, to\n ``(ii) the total number of individuals \n employed by the applicable employer during such \n calendar year.\n ``(2) Health and retirement offset.--\n ``(A) In general.--In the case of an applicable \n employer who meets the requirements of subparagraph \n (B), the applicable percentage shall be reduced (but \n not below zero) by 25 percentage points.\n ``(B) Requirements.--An applicable employer meets \n the requirements of this subparagraph if such \n applicable employer--\n ``(i) offers to all full-time low-wage \n employees (and their spouse and dependents) the \n opportunity to enroll for all months during the \n calendar year in minimum essential coverage \n under an eligible employer sponsored health \n plan (as defined in section 5000A(f)(2)) for \n which--\n ``(I) the plan's share of the \n allowed costs of benefits provided \n under the plan is not less than 60 \n percent of such costs, and\n ``(II) the required contribution \n (within the meaning of section \n 5000A(e)(1)(B)) of the employee does \n not exceed the applicable percentage of \n the annual wages paid to the employee \n by the applicable employer, and\n ``(ii) meets the retirement plan \n requirements of subsection (d) for all \n employees who are low-wage employees.\n For purposes of clause (i)(II), the applicable \n percentage is the percentage in effect under section \n 36B(c)(2)(B)(II) for the plan year.\n ``(d) Retirement Plan Requirements.--\n ``(1) In general.--The requirements of this subsection are \n met for any calendar year with respect to an employee of the \n applicable employer who is a low-wage employee if the employee \n is eligible to participate in one or more applicable eligible \n retirement plans maintained by the applicable employer (or any \n member of the group of employers treated as an applicable \n employer under subsection (b)(1)(C)) for a plan year ending \n with or within the calendar year.\n ``(2) Applicable eligible retirement plan.--For purposes of \n this subsection, the term `applicable eligible retirement plan' \n means an eligible retirement plan which, with respect to the \n plan year described in paragraph (1), is either--\n ``(A) a defined contribution plan which requires \n the employer to make nonelective contributions of at \n least 5 percent of the compensation of the employee, or\n ``(B) a defined benefit plan--\n ``(i) with respect to which the accrued \n benefit of the employee derived from employer \n contributions, when expressed as an annual \n retirement benefit, is not less than the \n product of--\n ``(I) the lesser of 2 percent \n multiplied by the employee's years of \n service (determined under the rules of \n paragraphs (4), (5), and (6) of section \n 411(a)) with the employer or 20 \n percent, multiplied by\n ``(II) the employee's final average \n pay, or\n ``(ii) which is an applicable defined \n benefit plan (as defined in section \n 411(a)(13)(B))--\n ``(I) which meets the interest \n credit requirements of section \n 411(b)(5)(B)(i) with respect to the \n plan year, and\n ``(II) under which the employee \n receives a pay credit for the plan year \n which is not less than 5 percent of \n compensation.\n ``(3) Definitions and special rules.--For purposes of this \n subsection--\n ``(A) Eligible retirement plan.--The term `eligible \n retirement plan' has the meaning given such term by \n section 402(c)(8)(B), except that in the case of an \n account or annuity described in clause (i) or (ii) \n thereof, such term shall only include an account or \n annuity which is a simplified employee pension (as \n defined in section 408(k)).\n ``(B) Final average pay.--For purposes of paragraph \n (2)(B)(i)(II), final average pay shall be determined \n using the period of consecutive years (not exceeding 5) \n during which the employee had the greatest compensation \n from the applicable employer.\n ``(C) Alternative plan designs.--The Secretary may \n prescribe regulations for an applicable employer to \n meet the requirements of this subsection through a \n combination of defined contribution plans or defined \n benefit plans described in paragraph (1) or through a \n combination of both such types of plans.\n ``(D) Plans must meet requirements without taking \n into account social security and similar contributions \n and benefits.--A rule similar to the rule of section \n 416(e) shall apply.\n ``(E) Certain employees may be excluded.--For \n purposes of paragraph (2)(B)(ii), an employer shall not \n be treated as failing to meet the requirements of this \n subsection with respect to employees--\n ``(i) who have not attained the age of 21 \n before the close of a plan year,\n ``(ii) who have less than 1 year of service \n with the employer as of any day during the plan \n year,\n ``(iii) who are covered under an agreement \n which the Secretary of Labor finds to be a \n collective bargaining agreement if there is \n evidence that the benefits covered under the \n plan were the subject of good faith bargaining \n between employee representatives and the \n employer, or\n ``(iv) who are described in section \n 410(b)(3)(C) (relating to nonresident aliens \n working outside the United States).\n ``(e) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Wages.--The term `wages' has the meaning given such \n term by section 3121(a) (determined without regard to any \n dollar limitation contained in such section).\n ``(2) Allocation of tax.--The Secretary shall prescribe \n such rules as necessary for the allocation of the tax imposed \n by subsection (a) among different entities treated as a single \n employer under subsection (b)(1)(C).''.\n (b) Conforming Amendment.--The table of chapters of the Internal \nRevenue Code of 1986 is amended by inserting after the item relating to \nchapter 36 the following new item:\n\n ``Chapter 37--Corporate Responsibility Tax''.\n\n (c) Effective Date.--The amendments made by this section shall \napply to calendar years beginning after the date of the enactment of \nthis Act.","summary":"Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A quot, low-wagequot. Employee is an employee who receives wages from the employer that are less than 218 of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax.","title":"Corporate Responsibility Fee Act of 2017","text_len":13108,"sum_len":536} {"bill_id":"108_s2960","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rush Hour Congestion Relief Act of \n2004''.\n\nSEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM.\n\n (a) In General.--Subchapter I of chapter 1 of title 23, United \nStates Code, is amended by inserting after section 138 the following:\n``Sec. 139. Traffic incident management program\n ``(a) In General.--The Secretary shall establish and implement a \ntraffic incident management program in accordance with this section to \nassist States and localities in--\n ``(1) regional traffic incident management program \n planning; and\n ``(2) carrying out projects to mitigate the effects of \n traffic delays resulting from accidents, breakdowns, and other \n non-recurring incidents on highways.\n ``(b) Use of Funds.--Funds apportioned to a State under this \nsection may be used for--\n ``(1) regional collaboration and coordination activities \n that lead to regional traffic incident management policies, \n programs, plans, procedures, and agreements;\n ``(2) purchase or lease of telecommunications equipment for \n first responders as part of the development of a regional \n traffic incident management program;\n ``(3) purchase or lease of equipment to support the \n clearance of traffic incidents;\n ``(4) payments to contractors for towing and recovery \n services as part of a regional traffic incident management \n program;\n ``(5) rental of vehicle storage or staging areas \n immediately adjacent to roadways as part of a regional traffic \n incident management program;\n ``(6) traffic service patrols as part of a regional traffic \n incident management program;\n ``(7) enhanced hazardous materials incident response;\n ``(8) traffic management systems in support of traffic \n incident management;\n ``(9) traffic incident management training;\n ``(10) crash investigation equipment;\n ``(11) other activities under a regional traffic incident \n management plan; and\n ``(12) statewide incident reporting systems.\n ``(c) Regional Traffic Incident Management Plan.--\n ``(1) Plan.--\n ``(A) In general.--Except as provided in \n subparagraph (B), funds apportioned under this section \n may not be obligated for an urbanized area with a \n population greater than 300,000 until such time as a \n regional traffic incident management plan is developed \n for the urbanized area.\n ``(B) Funds for plan.--An urbanized area described \n in subparagraph (A) may use funds apportioned under \n this section to develop the regional traffic incident \n management plan in accordance with this subsection.\n ``(2) Plan development.--\n ``(A) Collaboration.--Any urbanized area described \n in paragraph (1) that receives funds apportioned under \n this section shall engage in regional collaboration and \n coordination activities to develop the regional traffic \n incident management plan required for the urbanized \n area under that paragraph.\n ``(B) Plan elements.--The regional traffic incident \n management plan for an urbanized area under paragraph \n (1) shall include--\n ``(i) a strategy, adopted by \n transportation, public safety, and appropriate \n private sector participants, for funding, \n implementing, managing, operating, and \n evaluating the traffic incident management \n program initiatives and activities for the \n urbanized area in a manner that ensures \n regional coordination of those initiatives and \n activities;\n ``(ii) an estimate of the impact of the \n plan on traffic delays; and\n ``(iii) a description of the means by which \n traffic incident management information will be \n shared among operators, service providers, \n public safety officials, and the general \n public.\n ``(d) Funding.--\n ``(1) Authorization of appropriations.--There is authorized \n to be appropriated from the Highway Trust Fund (other than the \n Mass Transit Account) to carry out this section $1,000,000,000 \n for each of fiscal years 2005 through 2010.\n ``(2) Apportionment among states.--Funds made available \n under paragraph (1) shall be apportioned among the States in \n the proportion that--\n ``(A) the aggregate population of the State, or \n part of the State, in urbanized areas with a population \n greater than 300,000; bears to\n ``(B) the total population of all States, or parts \n of all States, in those urbanized areas.\n ``(3) Distribution within states.--Funds apportioned to a \n State under paragraph (2) shall be made available to carry out \n projects and activities under regional traffic incident \n management plans in each urbanized area in the State with a \n population greater than 300,000 in the proportion that--\n ``(A) the population of the urbanized area, or part \n of the urbanized area, in the State; bears to\n ``(B) the total population of all urbanized areas \n in the State.\n ``(e) Determination of Populations.--For the purpose of determining \npopulations of areas under this section, the Secretary shall use \ninformation from the most current decennial census, as supplied by the \nSecretary of Commerce.''.\n (b) Conforming Amendment.--The analysis for subchapter I of chapter \n1 of title 23, United States Code, is amended by inserting after the \nitem relating to section 138 the following:\n\n``139. Traffic incident management program.''.","summary":"Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning. And (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan. Prescribes an apportionment formula for funds distribution among the States to implement this Act.","title":"A bill to amend title 23, United States Code, to establish a traffic incident management program.","text_len":6410,"sum_len":965} {"bill_id":"107_hr2645","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Motor Donor Act''.\n\nSEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY.\n\n Part H of title III of the Public Health Service Act (42 U.S.C. 273 \net seq.) is amended by inserting before section 371 the following:\n\n ``Subpart 1--National Organ Donor Registry\n\n``SEC. 370. NATIONAL ORGAN DONOR REGISTRY.\n\n ``(a) Purposes.--The purposes of this subpart are--\n ``(1) to establish procedures that will increase the number \n of individuals who register their intent to be organ or tissue \n donors and to support State efforts to provide for donor \n designations through State motor vehicle driver's license \n application processes;\n ``(2) to make it possible for Federal and State governments \n to enhance the information received by individuals regarding \n organ or tissue donation;\n ``(3) to ensure that timely and accurate information \n regarding an individual's wishes regarding organ and tissue \n donation is made available; and\n ``(4) to provide grants to States to establish organ and \n tissue donor registries through State motor vehicle driver's \n license application processes and linkages to the National \n Registry.\n ``(b) Definitions.--In this subpart:\n ``(1) Motor vehicle driver's license.--The term `motor \n vehicle driver's license' means any personal identification \n document issued by a State motor vehicle authority.\n ``(2) State.--The term `State' means each of the 50 States \n and the District of Columbia.\n ``(c) Establishment of Registry.--\n ``(1) In general.--The Secretary shall establish and \n maintain a national organ and tissue donor registry (referred \n to in this section as the `Registry').\n ``(2) Database.--The Registry shall consist of a database \n of information listing individuals who have expressed an intent \n to be organ or tissue donors. The information for each \n individual shall include such individual's name, address, date \n of birth, sex, height, and eye color, and a Registry \n identification number assigned by the Secretary.\n ``(d) Coordination With States and Organ Procurement \nOrganizations.--\n ``(1) States.--\n ``(A) Initial 2-year period.--The Secretary, during \n the 2-year period after the date of enactment of the \n Motor Donor Act, shall--\n ``(i) coordinate activities with States \n that have organ and tissue donor registries \n operated through a State agency to share \n existing data; and\n ``(ii) provide links between the Registry \n and such State agencies on an ongoing basis.\n ``(B) Initial 4-year period.--The Secretary, during \n the 4-year period after the date of enactment of the \n Motor Donor Act, shall coordinate activities with \n States to promote and encourage the establishment of \n organ and tissue donor registries through the motor \n vehicle driver's license process.\n ``(2) Organ procurement organizations.--The Secretary shall \n provide to each organ procurement organization within the \n United States a means by which the organization may promptly \n access the Registry 24-hours a day using a password assigned to \n the organization by the Secretary. In order to obtain such a \n password, each such procurement organization shall designate \n staff members within the organization to receive the password \n and to access the Registry.\n ``(e) Website.--\n ``(1) In general.--The Secretary, not later than 3 years \n following the date of enactment of the Motor Donor Act, shall \n disseminate to all United States citizens who reside within the \n United States and who filed a Federal income tax return with \n the Internal Revenue Service during the prior year, a pamphlet \n that contains information about organ and tissue donations and \n that includes an address for a website where individuals may \n elect to participate in the Registry.\n ``(2) Notification.--Within 4 months after an individual \n elects to participate in the Registry through the website, the \n Secretary shall notify such individual concerning the \n individual's participation in the Registry.\n ``(f) Limitations.--\n ``(1) Organ allocation.--Participation in the Registry \n shall not affect organ or tissue allocation. Standard State and \n national practices that determine the appropriate procurement \n organization for obtaining consent for an individual's organ or \n tissue donation shall continue to apply to such determinations.\n ``(2) Registry of intent.--The Registry shall be considered \n a registry only of an individual's intent to serve as an organ \nor tissue donor. Participation in the Registry shall not be deemed to \nbe the provision of legally binding consent for organ or tissue \ndonation except as provided by State law.\n ``(3) Request to cancel participation.--Individuals who \n elect to participate in the Registry shall have the right to \n cancel such participation at any time. The Secretary shall \n notify individuals who elect to participate in the Registry of \n their right to cancel such participation and the procedure for \n canceling such participation. The Secretary shall promptly \n remove from the Registry information concerning any individual \n who cancels participation in the Registry.\n ``(g) Grants to States.--\n ``(1) In general.--The Secretary is authorized to award \n grants to States that have applications approved under \n paragraph (2) to enable such States to plan and implement State \n registries associated with the motor vehicle driver's license \n application process and to provide for linkages with the \n Registry.\n ``(2) Applications.--\n ``(A) In general.--Each State desiring a grant \n under this subsection shall submit an application to \n the Secretary at such time, in such manner, and \n containing such information as the Secretary may \n require.\n ``(B) State procedure.--Each application submitted \n under subparagraph (A) shall demonstrate how the State \n will establish procedures to allow an individual to \n make a legally binding gift regarding organ and tissue \n donation by application or by designation made \n simultaneously with an application for a motor vehicle \n driver's license.\n ``(C) Assurances.--Each application submitted under \n subparagraph (A) shall contain assurances that the \n State procedures described in subparagraph (B) will \n comply with the following requirements:\n ``(i) License application.--The State \n procedures shall include a process whereby each \n State motor vehicle driver's license \n application (including any renewal application) \n that is submitted to the appropriate State \n motor vehicle authority under State law \n provides the individual submitting the \n application with the option of designating the \n individual's intent to be an organ and tissue \n donor.\n ``(ii) Donor designation.--The State \n procedures shall provide that the application \n described in clause (i) shall contain the \n question, `Do you wish to have the organ donor \n designation in the State registry?' or, if the \n State agency process provides, `Do you wish to \n have the organ donor designation on your \n driver's license?'.\n ``(iii) Affirmative response.--The State \n procedures shall provide that only those \n individuals who answer affirmatively to the \n question described in clause (ii) shall have \n their organ donor preference noted in the State \n registry or, if applicable, on their motor \n vehicle driver's license.\n ``(iv) Forwarding of information.--The \n State procedures shall provide that the State \n shall forward to the Registry the names of \n those individuals who answer affirmatively to \n the question described in clause (ii), that \n such information shall be forwarded not later \n than 100 days after the date of designation, \n and that any change in designation or change of \n address information shall also be forwarded to \n the Registry.\n ``(v) Negative response.--The State \n procedures shall provide that the name of any \n individual who chooses not to have the organ \n donor designation included in the State \n registry or, if applicable, on the individual's \n driver's license will not be forwarded to the \n Registry.\n ``(vi) Access by organ procurement \n organization.--The State procedures shall \n provide that the information regarding an \n individual who answers affirmatively to the \n question described in clause (ii) shall be \n recorded in the individual's computer record \n with the appropriate State agency. The State \n agency shall provide 24-hour a day access to \n such donor information to organ procurement \n organizations, and the organ procurement \n organizations shall not be assessed a fee or \n other charge for such access.\n ``(3) Priority.--The Secretary shall give priority in \n awarding grants under this subsection to States that submit \n applications demonstrating that the State has collaborated with \n organ procurement organizations serving the State.\n ``(4) Limitation.--No grant awarded under this subsection \n to any one State shall exceed $300,000.\n ``(h) Advisory Task Force.--\n ``(1) In general.--There is established an advisory task \n force on organ and tissue donation (referred to in this \n subsection as the `Task Force').\n ``(2) Membership.--\n ``(A) Members.--\n ``(i) In general.--The Task Force shall \n consist of 5 members, who shall be appointed by \n the Secretary.\n ``(ii) Qualifications.--\n ``(I) In general.--The Secretary \n shall appoint members of the Task Force \n based upon their experience with organ \n or tissue donations, organ procurement, \n or organ transplants.\n ``(II) Special experience.--At \n least 1 member of the Task Force shall \n be a physician with experience in \n performing organ transplants, and \nat least 1 member of the Task Force shall have experience in organ \nprocurement.\n ``(B) Term.--\n ``(i) In general.--Except as provided in \n this subparagraph, each member of the Task \n Force shall be appointed for a term of 3 years. \n Members of the Task Force may be reappointed.\n ``(ii) Staggered terms.--As so designated \n by the Secretary at the time of appointment, \n the terms of two of the initial members shall \n expire at the end of 2 years.\n ``(C) Vacancies.--Any vacancy in the Task Force \n shall not affect the Task Force's powers but shall be \n filled in the same manner as the original appointment.\n ``(3) Functions.--\n ``(A) Partnership.--The Task Force shall offer to \n enter into a partnership with the Coalition on Donation \n (a national membership organization with the sole \n purpose of increasing organ and tissue donations) to \n incorporate into the Coalition's national awareness \n campaign an outreach and awareness campaign for the \n Registry.\n ``(B) Report.--Not later than 1 year after the date \n of enactment of the Motor Donor Act, the Task Force \n shall conduct a study concerning, and submit to the \n Secretary a report containing, recommendations for \n improving the Registry, increasing public awareness \n about organ and tissue donation, and improving the \n organ and tissue donation process.\n ``(4) Administration.--\n ``(A) Personnel.--\n ``(i) Travel expenses.--The members of the \n Task Force shall not receive compensation for \n the performance of services for the Task Force, \n but shall be allowed travel expenses, including \n per diem in lieu of subsistence, at rates \n authorized for employees of agencies under \n subchapter I of chapter 57 of title 5, United \n States Code, while away from their homes or \n regular places of business in the performance \n of services for the Task Force. Notwithstanding \n section 1342 of title 31, United States Code, \n the Secretary may accept the voluntary and \n uncompensated services of members of the Task \n Force.\n ``(ii) Detail of government employees.--Any \n Federal Government employee may be detailed to \n the Task Force without reimbursement, and such \n detail shall be without interruption or loss of \n civil service status or privilege.\n ``(B) Administrative support.--The Department of \n Health and Human Services shall provide necessary and \n appropriate administrative support to the Task Force.\n ``(5) Permanent committee.--Section 14 of the Federal \n Advisory Committee Act (5 U.S.C. App.) shall not apply to the \n Task Force.\n ``(i) Authorization of Appropriations.--\n ``(1) In general.--\n ``(A) Registry and grants.--There is authorized to \n be appropriated to carry out this section, other than \n subsection (h)(3), such sums as may be necessary for \n each of fiscal years 2002 through 2006.\n ``(B) Awareness campaign.--There is authorized to \n be appropriated to carry out subsection (h)(3), \n $3,000,000 for each of fiscal years 2002 through 2006.\n ``(2) Availability.--Any amounts appropriated pursuant to \n paragraph (1) shall remain available until expended.\n\n ``Subpart 2--Organ Procurement''.\n\nSEC. 3. AMENDMENT OF INTERNAL REVENUE CODE.\n\n Section 6103(m) of the Internal Revenue Code of 1986 (relating to \ndisclosure of taxpayer identity information) is amended by adding at \nthe end the following:\n ``(18) Disclosure of taxpayer identification to carry out \n organ donor program.--\n ``(A) In general.--The Secretary may, upon written \n request from the Secretary of Health and Human \n Services, disclose to officers and employees of the \n Department of Health and Human Services the name and \n address of each individual filing a return of tax under \n section 6012 for the previous taxable year.\n ``(B) Restriction on use of disclosed \n information.--Return information disclosed under \n subparagraph (A) may be used by officers and employees \n of the Department of Health and Human Services only for \n the purposes of, and to the extent necessary in, \n carrying out the requirement to contact individuals \n regarding the national organ and tissue donor registry \n under section 370(c) of the Public Health Service \n Act.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n Subpart 2 of part H of title III of the Public Health Service Act \n(as so designated) (42 U.S.C. 273 et seq.) is amended in sections \n374(a), 374(d), 375(1), and 378, by striking ``this part'' each place \nit appears and inserting ``this subpart''.","summary":"Motor Donor Act - Amends the Public Health Service Act to provide for the establishment and maintenance of a national organ and tissue donor registry consisting of a database of information listing individuals who have expressed an intent to be organ or tissue donors. Provides for the coordination of the Registry with State and organ and tissue registries and procurement organizations. Authorizes grants to States for the planning and implementation of State registries associated with the motor vehicle driver's license application process and for linkages with the Registry. Establishes an advisory task force on organ and tissue donation. Amends the Internal Revenue Code to permit the disclosure of taxpayer identification in connection with the Registry.","title":"To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry that works in conjunction with State organ and tissue donor registries, to create a public-private partnership to launch an aggressive outreach and education campaign about organ and tissue donation and the Registry, and for other purposes.","text_len":18350,"sum_len":762} {"bill_id":"105_hr1682","text":"SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE.\n\n (a) In General.--Section 121 of the Internal Revenue Code of 1986 \nis amended to read as follows:\n\n``SEC. 121. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE.\n\n ``(a) General Rule.--Gross income does not include gain from the \nsale or exchange of property if during the 5-year period ending on the \ndate of the sale or exchange, such property has been owned and used by \nthe taxpayer as his principal residence for periods aggregating 2 years \nor more.\n ``(b) Dollar Limitation.--\n ``(1) In general.--The amount of the gain excluded from \n gross income under subsection (a) shall not exceed $250,000 \n ($500,000 in the case of a joint return where both spouses meet \n the holding and use requirements of subsection (a)).\n ``(2) Inflation adjustment.--\n ``(A) In general.--In the case of a taxable year \n beginning in a calendar year after 1997, the $250,000 \n and $500,000 amounts contained in paragraph (1) shall \n each be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment under \n section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by \n substituting `calendar year 1996' for `calendar \n year 1992' in subparagraph (B) thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $100, such amount \n shall be rounded to the nearest multiple of $100.\n ``(c) Special Rules.--\n ``(1) Property held jointly by husband and wife.--For \n purposes of this section, if--\n ``(A) property is held by a husband and wife as \n joint tenants, tenants by the entirety, or community \n property,\n ``(B) such husband and wife make a joint return \n under section 6013 for the taxable year of the sale or \n exchange, and\n ``(C) one spouse satisfies the holding and use \n requirements of subsection (a) with respect to such \n property,\n then both husband and wife shall be treated as satisfying the \n holding and use requirements of subsection (a) with respect to \n such property.\n ``(2) Property of deceased spouse.--For purposes of this \n section, in the case of an unmarried individual whose spouse is \n deceased on the date of the sale or exchange of property, if \n the deceased spouse (during the 5-year period ending on the \n date of the sale or exchange) satisfied the holding and use \n requirements of subsection (a) with respect to such property, \n then such individual shall be treated as satisfying the holding \n and use requirements of subsection (a) with respect to such \n property.\n ``(3) Tenant-stockholder in cooperative housing \n corporation.--For purposes of this section, if the taxpayer \n holds stock as a tenant-stockholder (as defined in section 216) \n in a cooperative housing corporation (as defined in such \n section), then--\n ``(A) the holding requirements of subsection (a) \n shall be applied to the holding of such stock, and\n ``(B) the use requirements of subsection (a) shall \n be applied to the house or apartment which the taxpayer \n was entitled to occupy as such stockholder.\n ``(4) Involuntary conversions.--For purposes of this \n section, the destruction, theft, seizure, requisition, or \n condemnation of property shall be treated as the sale of such \n property.\n ``(5) Property used in part as principal residence.--In the \n case of property only a portion of which, during the 5-year \nperiod ending on the date of the sale or exchange, has been owned and \nused by the taxpayer as his principal residence for periods aggregating \n2 years or more, this section shall apply with respect to so much of \nthe gain from the sale or exchange of such property as is determined, \nunder regulations prescribed by the Secretary, to be attributable to \nthe portion of the property so owned and used by the taxpayer.\n ``(6) Determination of marital status.--In the case of any \n sale or exchange, for purposes of this section--\n ``(A) the determination of whether an individual is \n married shall be made as of the date of the sale or \n exchange; and\n ``(B) an individual legally separated from his \n spouse under a decree of divorce or of separate \n maintenance shall not be considered as married.\n ``(7) Application of sections 1033 and 1034.---In applying \n sections 1033 (relating to involuntary conversions) and 1034 \n (relating to sale or exchange of residence), the amount \n realized from the sale or exchange of property shall be treated \n as being the amount determined without regard to this section.\n ``(8) Property acquired after involuntary conversion.--If \n the basis of the property sold or exchanged is determined (in \n whole or in part) under subsection (b) of section 1033 \n (relating to basis of property acquired through involuntary \n conversion), then the holding and use by the taxpayer of the \n converted property shall be treated as holding and use by the \n taxpayer of the property sold or exchanged.\n ``(9) Determination of use during periods of out-of-\n residence care.--In the case of a taxpayer who--\n ``(A) becomes physically or mentally incapable of \n self-care, and\n ``(B) owns property and uses such property as the \n taxpayer's principal residence during the 5-year period \n described in subsection (a) for periods aggregating at \n least 1 year,\n then the taxpayer shall be treated as using such property as \n the taxpayer's principal residence during any time during such \n 5-year period in which the taxpayer owns the property and \n resides in any facility (including a nursing home) licensed by \n a State or political subdivision to care for an individual in \n the taxpayer's condition.\n ``(d) Election To Have Section Not Apply.--At the election of the \ntaxpayer with respect to any sale or exchange of a principal residence, \nthis section shall not apply to such sale or exchange.''\n (b) Conforming Amendments.--\n (1) Paragraph (3) of section 1033(k) is amended to read as \n follows:\n ``(3) For exclusion from gross income of gain from \n involuntary conversion of principal residence, see section \n 121.''\n (2) Subparagraph (A) of section 1038(e)(1) is amended by \n striking ``(relating to one-time exclusion of gain from sale of \n principal residence by individual who has attained age 55)'' \n and inserting the following: ``(relating to gain on sale of \n principal residence)''.\n (3) subparagraph (B) of section 1250(d)(7) is amended to \n read as follows:\n ``(B) property in respect of which the taxpayer \n meets the ownership requirements of section 121, but \n only to the extent that the taxpayer meets the use \n requirements of such section in respect of such \n property.''\n (4) Subsection (c) of section 6012 is amended by striking \n ``(relating to one-time exclusion of gain from sale of \n principal residence by individual who has attained age 55)'' \n and inserting ``(relating to gain from sale of principal \n residence)''.\n (5) The item relating to section 121 in the table of \n sections for part III of subchapter B of chapter 1 is amended \n to read as follows:\n\n ``Sec. 121. Exclusion of gain from sale \n of principal residence.''\n (c) Effective Date.--The amendments made by this section shall \napply to sales and exchanges on or after the date of the enactment of \nthis Act.","summary":"Amends the Internal Revenue Code to exclude up to $250,000 of gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least two years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property, (2) a deceased spouse, (3) a cooperative housing tenant-stockholder, (4) partial principal residence use, (5) determination of marital status, (6) acquisition after involuntary conversion, and (6) periods of out-of-residence health care.","title":"To amend the Internal Revenue Code of 1986 to provide for an exclusion of capital gains upon the sale of a principal residence.","text_len":8655,"sum_len":549} {"bill_id":"109_hr3983","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Winter Readiness Act of 2005''.\n\nSEC. 2. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND \n PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO \n SUCH PROPERTY FROM 2005 HURRICANES.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting after section \n179D the following new section:\n\n``SEC. 179E. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND \n PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO \n SUCH PROPERTY FROM 2005 HURRICANES.\n\n ``(a) Treatment as Expenses.--At the election of the taxpayer, \nthere shall be allowed as a deduction an amount equal to the cost paid \nor incurred by the taxpayer during the taxable year--\n ``(1) for qualified oil and gas production property, and\n ``(2) for repairs to property described in subsection \n (b)(1)(B) on account of hurricane-related damage arising from \n any Presidentially declared disaster (as defined in section \n 1033(h)(3)(A)) during 2005.\nThe deduction under paragraph (1) with respect to any property shall be \nallowed for the taxable year in which such property is placed in \nservice.\n ``(b) Qualified Oil and Gas Production Property.--For purposes of \nthis section--\n ``(1) In general.--The term `qualified oil and gas \n production property' means any property--\n ``(A) the original use of which begins with the \n taxpayer, and\n ``(B) which is described in any of the following \n assets classes under Revenue Procedure 87-56:\n ``(i) 13.0 (relating to assets used in \n offshore drilling for oil and gas).\n ``(ii) 13.1 (relating to drilling of oil \n and gas wells).\n ``(iii) 13.2 (relating to exploration for \n and production of petroleum and natural gas \n deposits).\n ``(2) Application of section.--This section shall apply to \n any property only if--\n ``(A)(i) no written binding contract for the \n construction of such property was in effect on or \n before [date of introduction], or\n ``(ii) in the case of self-constructed property, \n the construction of such property did not commence on \n or before such date, and\n ``(B) such property is placed in service before \n January 1, 2009.\n ``(3) Special rule for sale-leasebacks.--For purposes of \n paragraph (1)(A), if property is--\n ``(A) originally placed in service after the date \n of the enactment of this section by a person, and\n ``(B) sold and leased back by such person within 3 \n months after the date such property was originally \n placed in service,\n such property shall be treated as originally placed in service \n not earlier than the date on which such property is used under \n the leaseback referred to in subparagraph (B).\n ``(c) Basis Reduction.--\n ``(1) In general.--For purposes of this title, the basis of \n any property shall be reduced by the portion of the cost of \n such property taken into account under subsection (a).\n ``(2) Ordinary income recapture.--For purposes of section \n 1245, the amount of the deduction allowable under subsection \n (a) with respect to any property which is of a character \n subject to the allowance for depreciation shall be treated as a \n deduction allowed for depreciation under section 167.\n ``(d) Election.--\n ``(1) In general.--An election under this section for any \n taxable year shall be made on the taxpayer's return of the tax \n imposed by this chapter for the taxable year.\n ``(2) Election irrevocable.--Any election made under this \n section may not be revoked except with the consent of the \n Secretary.\n ``(e) Election to Allocate Deduction to Cooperative Owner.--A rule \nsimilar to the rule of section 179C(g) shall apply for purposes of this \nsection.''.\n (b) Conforming Amendments.--\n (1) Section 263(a)(1) of such Code is amended by striking \n ``or'' at the end of subparagraph (J), by striking the period \n at the end of subparagraph (K) and inserting ``, or'', and by \n inserting after subparagraph (K) the following new \n subparagraph:\n ``(L) expenditures for which a deduction is allowed \n under section 179E.''.\n (2) Section 263A(c)(3)(B) of such Code is amended by \n inserting ``179E,'' after ``179B,''.\n (3) Section 312(k)(3)(B) of such Code is amended by \n striking ``or 179D'' each place it appears in the heading and \n text and inserting ``179D, or 179E''.\n (4) Section 1016(a) of such Code is amended by striking \n ``and'' at the end of paragraph (36), by striking the period at \n the end of paragraph (37) and inserting ``, or'', and by adding \n at the end the following new paragraph:\n ``(38) to the extent provided in section 179E(c).''.\n (5) Section 1245(a) of such Code is amended by inserting \n ``179E,'' after ``179D,'' both places it appears in paragraphs \n (2)(C) and (3)(C).\n (6) The table of sections for part VI of subchapter B of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 179C the following new item:\n\n``Sec. 179E. Temporary expensing of oil and natural gas exploration and \n production property and of costs to repair \n damages to such property from 2005 \n hurricanes.''.\n (c) Effective Date.--The amendments made by this section shall \napply to costs paid or incurred after the date of the enactment of this \nAct in taxable years ending after such date.\n\nSEC. 3. 10-YEAR CARRYBACK OF NET OPERATING LOSSES FROM 2005 HURRICANE-\n DAMAGED OIL AND GAS FACILITIES.\n\n (a) In General.--Paragraph (1) of section 172(b) of the Internal \nRevenue Code of 1986 (relating to net operating loss deduction) is \namended by adding at the end the following new subparagraph:\n ``(J) 2005 losses from hurricane-damaged oil and \n gas facilities.--In the case of a taxpayer which has a \n 2005 hurricane-damaged oil and gas facility loss (as \n defined in subsection (j)) for a taxable year, such \n loss shall be a net operating loss carryback to each of \n the 10 taxable years preceding the taxable year of such \n loss.''.\n (b) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--Section 172 \nof such Code is amended by redesignating subsections (j) and (k) as \nsubsections (k) and (l), respectively, and by inserting after \nsubsection (i) the following new subsection:\n ``(j) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--For \npurposes of this section--\n ``(1) In general.--The term `2005 hurricane-damaged oil and \n gas facility loss' means the lesser of--\n ``(A) the amount of the net operating loss for such \n taxable year, or\n ``(B) the sum of--\n ``(i) the amount of the loss allowed by \n section 165 for the taxable year for any loss \n sustained by reason of hurricane-related \n damage--\n ``(I) arising from any \n Presidentially declared disaster (as \n defined in section 1033(h)(3)(A)) \n during 2005, and\n ``(II) to any property of the \n taxpayer which is described in section \n 179E(b)(1)(B), and\n ``(ii) the deduction allowed by section \n 179E(a)(2) for the taxable year.\n ``(2) Coordination with subsection (b)(2).--For purposes of \n applying subsection (b)(2), a 2005 hurricane-damaged oil and \n gas facility loss for any taxable year shall be treated in a \n manner similar to the manner in which a specified liability \n loss is treated.\n ``(3) Election.--Any taxpayer entitled to a 10-year \n carryback under subsection (b)(1)(J) from any loss year may \n elect to have the carryback period with respect to such loss \n year determined without regard to subsection (b)(1)(J). Such \n election shall be made in such manner as may be prescribed by \n the Secretary and shall be made by the due date (including \n extensions of time) for filing the taxpayer's return for the \n taxable year of the net operating loss. Such election, once \n made for any taxable year, shall be irrevocable for such \n taxable year.''.\n (c) Effective Date.--The amendments made by this section shall \napply to net operating losses for taxable years ending after the date \nof the enactment of this Act.","summary":"Winter Readiness Act of 2005 - Amends the Internal Revenue Code to allow a taxpayer election to expense all costs for qualified oil and gas production property placed in service before January 1, 2009, and for repairs to such property for hurricane-related damage. Defines qualified oil and gas production property to include assets used in offshore drilling for oil and gas, and for exploration and production of petroleum and natural gas deposits. Allows a 10-year carryback of net operating losses incurred in 2005 for hurricane-damaged oil and gas facilities.","title":"To amend the Internal Revenue Code of 1986 to provide incentives to restore and increase oil and natural gas production.","text_len":9608,"sum_len":563} {"bill_id":"106_hr842","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Continued Dumping or Subsidy Offset \nAct of 1999''.\n\nSEC. 2. FINDINGS OF CONGRESS.\n\n Congress makes the following findings:\n (1) Consistent with the rights of the United States under \n the World Trade Organization, injurious dumping is to be \n condemned and actionable subsidies which cause injury to \n domestic industries must be effectively neutralized.\n (2) United States unfair trade laws have as their purpose \n the restoration of conditions of fair trade so that jobs and \n investment that should be in the United States are not lost \n through false market signals.\n (3) The continued dumping or subsidization of imported \n product after the issuance of antidumping orders or findings or \n countervailing duty orders can frustrate the remedial purpose \n of the laws by preventing market prices from returning to fair \n levels.\n (4) Where dumping or subsidization continues, domestic \n producers will be reluctant to reinvest or rehire and may be \n unable to maintain pension and health care benefits that \n conditions of fair trade would permit. Similarly, small \n businesses and America's farmers and ranchers may be unable to \n pay down accumulated debt, to obtain working capital or \n otherwise remain viable.\n (5) United States trade laws should be strengthened to see \n that the remedial purpose of the laws is achieved in fact.\n\nSEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.\n\n (a) In General.--Chapter 1 of subtitle C of title VII of the Tariff \nAct of 1930 (19 U.S.C. 1675 et seq.) is amended by adding at the end \nthe following new section:\n\n``SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET.\n\n ``(a) In General.--Whenever continued dumping or subsidization is \nfound to exist by the administering authority under section 751(a) of \nthis Act or by operation of law, any duties assessed shall be \ndistributed to the affected domestic producers for qualifying \nexpenditures on an annual basis. Such disbursement shall be known as \nthe `continued dumping or subsidy offset'.\n ``(b) Definitions.--As used in this section:\n ``(1) The term `affected domestic producer' means any \n manufacturer, producer, farmer, rancher or worker \n representative, including associations of such individuals and \n entities, that was a petitioner or interested party in support \n of the petition with respect to which an antidumping duty \n finding or order or countervailing duty order has been entered \n and remains in operation. Companies or businesses that have \n ceased the production of the product covered by the order or \n finding or who have been acquired by a company or business that \n is related to a company that opposed the investigation shall \n not be an affected domestic producer.\n ``(2) The term `Commissioner' means the Commissioner of the \n United States Customs Service.\n ``(3) The term `Commission' means the United States \n International Trade Commission.\n ``(4) The term `qualifying expenditure' means an \n expenditure incurred after the issuance of the antidumping duty \n finding or order or countervailing duty order in any of the \n following categories:\n ``(A) plant;\n ``(B) equipment;\n ``(C) research and development;\n ``(D) personnel training;\n ``(E) acquisition of technology;\n ``(F) health care benefits to employees paid for by \n the employer;\n ``(G) pension benefits to employees paid for by the \n employer;\n ``(H) environmental equipment, training, or \n technology;\n ``(I) acquisition of raw materials and other \n inputs; and\n ``(J) borrowed working capital or other funds \n needed to maintain production.\n ``(c) Disbursement Procedures.--The Commissioner shall prescribe \nprocedures for disbursing the continued dumping or subsidies offset \nrequired by this section provided that disbursement shall occur for \nmonies assessed during a fiscal year not later than sixty days after \nthe beginning of the following fiscal year.\n ``(d) Parties Eligible for Distribution of Antidumping and \nCountervailing Duties Assessed.--\n ``(1) The Commission shall forward to the Commissioner \n within sixty days of the effective date of this section or \n within sixty days of an antidumping or countervailing duty \n order issued after the effective date of this section a list of \n petitioners and companies that indicate support of the petition \n by inclusion in the petition or supplements thereto, by letter \n or through questionnaire response. Where no injury test was \n required or where the Commission's records do not permit an \n identification of those in support of a petition the Commission \n shall consult with the Department of Commerce to determine the \n identity of the petitioner and those domestic parties who have \n entered appearances during administrative reviews conducted by \n Commerce and sought vigorous enforcement of United States law.\n ``(2) The Commissioner shall publish in the Federal \n Register at least thirty days prior to the issuance of \n payments, a notice of intention to distribute duty assessments, \n the list of companies eligible based on the list obtained from \n the Commission, and shall request a certification from each \n recipient as to--\n ``(A) desire to receive distribution,\n ``(B) continued eligibility as an affected domestic \n producer, and\n ``(C) the qualifying expenditures incurred since \n the issuance of the order for which distribution under \n this section has not previously been made.\n ``(3) The Commissioner shall distribute all funds \n (including all interest earned) from assessments received in \n the completed fiscal year to affected domestic producers based \n on the affirmative responses to paragraph (2) on a pro rata \n basis based on new and remaining qualifying expenditures.\n ``(e) Special Accounts.--\n ``(1) Within fourteen days of the effective date of this \n provision for outstanding antidumping orders and findings or \n for outstanding countervailing duty orders or within fourteen \n days of the date an antidumping or countervailing duty order \n takes effect, the Commissioner shall establish in the Treasury \n a special account with respect to that order or finding.\n ``(2) The Commissioner shall have deposited into the \n special accounts all antidumping or countervailing duties, \n including interest on such duties, that are assessed under the \n antidumping order or finding or the countervailing duty order \n with respect to which the account was established since the \n effective date of this section.\n ``(3) The monies in a special account shall be available \n for distribution to the extent of actual assessment (including \n interest).\n ``(4) Consistent with the requirements of subsection (c), \n the Commissioner shall by regulation prescribe the time and \n manner in which distribution of funds from special accounts \n will be made.\n ``(5) The special accounts shall remain in existence until \n all entries relating to an order which has been terminated are \n liquidated and duties assessed collected and the Commissioner \n has provided one last notice of opportunity to obtain \n distribution pursuant to subsection (c). Amounts not claimed \n within 90 days of the time of such final distribution shall be \n returned to the general fund of the Treasury.''.\n (b) Conforming Amendment.--The table of contents for title VII of \nthe Tariff Act of 1930 is amended by inserting the following new item \nafter the item relating to section 753:\n\n``Sec. 754. Continued dumping or subsidy offset.''.\n (c) Effective Date.--The continued antidumping or subsidy offset \nshall apply with regard to all assessments made on or after October 1, \n1996, on outstanding antidumping findings or orders or countervailing \nduty orders.","summary":"Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the US Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.","title":"Continued Dumping or Subsidy Offset Act of 1999","text_len":8762,"sum_len":927} {"bill_id":"106_s641","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Credit Act of 1999''.\n\nSEC. 2. ENHANCED DISCLOSURES UNDER AN OPEN END CONSUMER CREDIT PLAN.\n\n (a) Repayment Terms.--Section 127(b) of the Truth in Lending Act \n(15 U.S.C. 1637(b)) is amended by adding at the end the following:\n ``(11)(A) Repayment information that would apply to the \n outstanding balance of the consumer under the credit plan, \n including--\n ``(i) the required minimum monthly payment on that \n balance, represented as both a dollar figure and as a \n percentage of that balance;\n ``(ii) the number of months (rounded to the nearest \n month) that it would take to pay the entire amount of \n that balance, if the consumer pays only the required \n minimum monthly payments and if no further advances are \n made;\n ``(iii) the total cost to the consumer, including \n interest and principal payments, of paying that balance \n in full, if the consumer pays only the required minimum \n monthly payments and if no further advances are made; \n and\n ``(iv) the monthly payment amount that would be \n required for the consumer to eliminate the outstanding \n balance in 36 months if no further advances are made.\n ``(B)(i) Subject to clause (ii), in making the disclosures \n under subparagraph (A) the creditor shall apply the interest \n rate in effect on the date on which the disclosure is made \n until the date on which the balance would be paid in full.\n ``(ii) If the interest rate in effect on the date on which \n the disclosure is made is a temporary rate that will change \n under a contractual provision applying an index or formula for \n subsequent interest rate adjustment, the creditor shall apply \n the interest rate in effect on the date on which the disclosure \n is made for as long as that interest rate will apply under that \n contractual provision, and then apply an interest rate based on \n the index or formula in effect on the applicable billing \n date.''.\n (b) Publication of Model Forms.--Not later than 180 days after the \ndate of enactment of this Act, the Board of Governors of the Federal \nReserve System shall publish model disclosure forms in accordance with \nsection 105 of the Truth in Lending Act for the purpose of compliance \nwith section 127(b)(11) of the Truth in Lending Act, as added by this \nsection.\n\nSEC. 3. CREDIT CARD SECURITY INTERESTS UNDER AN OPEN END CONSUMER \n CREDIT PLAN.\n\n (a) In General.--Section 127 of the Truth in Lending Act (15 U.S.C. \n1637) is amended by adding at the end the following:\n ``(h) Security Interests Created Under an Open End Consumer Credit \nPlan.--During the period of an open end consumer credit plan, if the \ncreditor of that plan obtains a security interest in personal property \npurchased using that credit plan, the creditor shall provide to the \nconsumer, at the time of purchase, a written statement setting forth in \na clear, conspicuous, and easy to read format the following \ninformation:\n ``(1) The property in which the creditor will receive a \n security interest.\n ``(2) The nature of the security interest taken.\n ``(3) The method or methods of enforcement of that security \n interest available to the creditor in the event of nonpayment \n of the plan balance.\n ``(4) The method in which payments made on the credit plan \n balance will be credited against the security interest taken on \n the property.\n ``(5) The following statement: `This property is subject to \n a security agreement. You must not dispose of the property \n purchased in any way, including by gift, until the balance on \nthis account is fully paid.'''.\n (b) Publication of Model Forms.--Not later than 180 days after the \ndate of enactment of this Act, the Board of Governors of the Federal \nReserve System shall publish model disclosure forms in accordance with \nsection 105 of the Truth in Lending Act for the purpose of compliance \nwith section 127(h) of the Truth in Lending Act, as added by this \nsection.\n\nSEC. 4. STATISTICS TO BE REPORTED TO BOARD OF GOVERNORS OF FEDERAL \n RESERVE SYSTEM AND TO CONGRESS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby adding at the end the following:\n ``(i) Reports to the Board and to Congress.--\n ``(1) Reports to the board.--Any creditor making advances \n under an open end credit plan shall, using model forms \n developed and published by the Board, annually submit to the \n Board a report, which shall include--\n ``(A) the total number of open end credit plan \n solicitations made to consumers;\n ``(B) the total amount of credit (in dollars) \n offered to consumers;\n ``(C) a statement of the average interest rates \n offered to all borrowers in each of the previous 2 \n years;\n ``(D) the total amount of credit granted and the \n average interest rate granted to persons under the age \n of 25; and\n ``(E) the total amount of debt written off \n voluntarily and due to a bankruptcy discharge in each \n of the 2 years preceding the date on which the report \n is submitted.\n ``(2) Reports to congress.--The Board shall annually \n compile the information collected under paragraph (1) and \n submit to the Committees on the Judiciary of the House of \n Representatives and the Senate, the Committee on Banking, \n Housing, and Urban Affairs of the Senate, and the Committee on \n Banking and Financial Services of the House of Representatives, \n a report, which shall include--\n ``(A) aggregate data described subparagraphs (A) \n through (E) of paragraph (1) for all creditors; and\n ``(B) individual data described in paragraph (1)(A) \n for each of the top 50 creditors.''.\n\nSEC. 5. CIVIL LIABILITY.\n\n Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is \namended, in the undesignated paragraph following paragraph (4), by \nstriking the second sentence and inserting the following: ``In \nconnection with the disclosures referred to in subsections (a), (b), \nand (h) of section 127, a creditor shall have a liability determined \nunder paragraph (2) only for failing to comply with the requirements of \nsection 125, 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or \n(11) of section 127(b), or section 127(h), or for failing to comply \nwith disclosure requirements under State law for any term or item that \nthe Board has determined to be substantially the same in meaning under \nsection 111(a)(2) as any of the terms or items referred to in section \n127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of \nsection 127(b), or section 127(h).''.\n\nSEC. 6. TREATMENT UNDER BANKRUPTCY LAW.\n\n (a) Exceptions to Discharge.--Section 523(a) of title 11, United \nStates Code, is amended by adding at the end the following:\n ``The exception under subparagraphs (A) and (C) of paragraph \n (2) shall not apply to any claim made by a creditor who has \n failed to make the disclosures required under section 127(h) of \n the Truth in Lending Act in connection with such claim, unless \n a creditor required to make such disclosures files with the \n court, within 90 days of the date of order for relief, a proof \n of claim accompanied by a copy of such disclosures that is \n signed and dated by the debtor.''.\n (b) Reaffirmation.--Section 524(c) of title 11, United States Code, \nis amended--\n (1) in paragraph (5), by striking ``and'' at the end;\n (2) in paragraph (6), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(7) in a case concerning a creditor obligated to make the \n disclosures required under section 127(h) of the Truth in \n Lending Act, the agreement contains a copy of such disclosures \n that is signed and dated by the debtor.''.","summary":"Consumer Credit Act of 1999 - Amends the Truth in Lending Act to mandate that: (1) monthly billing statements for an open end consumer credit plan include specified repayment information, including the number of months it would take to pay the balance and the total cost if the consumer pays only the required minimum payment. (2) certain written disclosures be furnished to the consumer at the time of purchase if the creditor of an open end consumer credit plan obtains a security interest in personal property purchased under such plan. And (3) the Board of Governors of the Federal Reserve System publish the pertinent model disclosure forms. Requires: (1) creditors making advances under an open end credit plan to annually report certain loan data to the Board. And (2) the Board to compile such data and submit it to certain congressional committees annually. Amends Federal bankruptcy law to permit the discharge in bankruptcy of an individual debt if the creditor has not made the requisite disclosures under this Act. Sanctions the reaffirmation of a dischargeable debt if the reaffirmation agreement contains such disclosures.","title":"Consumer Credit Act of 1999","text_len":8664,"sum_len":1137} {"bill_id":"110_s756","text":"SECTION 1. FUNDING FOR EQUIPMENT RESET AND OTHER EQUIPMENT NEEDS OF THE \n NATIONAL GUARD.\n\n (a) Findings.--Congress makes the following findings:\n (1) In his testimony before the Commission on the National \n Guard and Reserves, the Chief of the National Guard Bureau, \n Lieutenant General Blum, warned about equipment shortfalls for \n the Army National Guard and Air National Guard stating that \n ``88 percent of the forces that are back here in the United \n States are very poorly equipped today in the Army National \n Guard. And in the Air National Guard for the last three \n decades, they have never had a unit below C2 in equipment \n readiness''.\n (2) In the March 1, 2007, report of the Commission on the \n National Guard and Reserves, the Commission observes that--\n (A) while the operational tempo of the reserve \n components of the Armed Forces has increased \n substantially, resourcing has not kept pace;\n (B) the lack of sufficient and ready equipment is a \n problem common to both the active and reserve \n components of the Armed Forces;\n (C) the equipment readiness of the Army National \n Guard is unacceptable and has reduced the capability of \n the United States to respond to current and additional \n major contingencies, whether foreign and domestic; and\n (D) while the budget of the President for fiscal \n year 2008 includes large increases in funds for \n equipment for the National Guard, historical practice \n in the Department of Defense indicates that Army plans \n for projected funding increases for equipment for the \n Army National Guard are not reliably carried through.\n (3) According to the Commission on the National Guard and \n Reserves, procurement for the Army National Guard during the \n period from 1999 through 2005 has been reduced significantly \n from amounts proposed for such procurement before that period. \n The budget for fiscal year 2001 indicated that the Army planned \n to expend $1,346,000,000 in fiscal year 2004 for procurement \n for the Army National Guard, but the budget for fiscal year \n 2006 revealed that the Army expended only $578,400,000 for \n procurement for the Army National Guard in fiscal year 2004. \n Similarly, the budget for fiscal year 2001 indicated that the \n Army planned to expend $1,625,000,000 in fiscal year 2005 for \n procurement for the Army National Guard, but the budget for \n fiscal year 2006 revealed that the Army planned to expend only \n $660,900,000 for procurement for the Army National Guard in \n fiscal year 2005.\n (4) According to the Commission on the National Guard and \n Reserves, the difference between the amounts proposed for \n procurement for the Army National Guard for fiscal years 2003 \n through 2005 and the amounts actually expended for such \n procurement in such fiscal years was atypical and extreme.\n (5) According to a January 2007 report of the Government \n Accountability Office, inventories of equipment for the \n National Guard in the United States have decreased because of \n overseas operations, particularly inventories of the Army \n National Guard. The Comptroller General found that State \n officials expressed concerns about having enough equipment to \n respond to large scale natural or man made disasters such as \n Hurricane Katrina.\n (6) The Comptroller General found that before current \n overseas operations began, the majority of the combat forces of \n the Army National Guard were supplied with approximately 65 to \n 79 percent of their required equipment. As of November 2006, \n nondeployed Army National Guard forces nationwide still had \n approximately 64 percent of the total amount of authorized \n dual-use equipment, including authorized substitute items, \n based on their warfighting missions even as overseas and \n domestic missions have expanded.\n (b) Authorization of Appropriations.--\n (1) In general.--There is hereby authorized to be \n appropriated for the Department of Defense for the Army \n National Guard and the Air National Guard for equipment reset \n requirements of the Army National Guard and the Air National \n Guard, and to otherwise remedy other equipment shortfalls of \n the Army National Guard and the Air National Guard, in order to \n bring the Army National Guard and the Air National Guard to \n full equipment readiness, amounts as follows:\n (A) For fiscal year 2008:\n (i) For procurement of National Guard and \n Reserve Equipment, $2,100,000,000, with such \n amount to be available for the Army National \n Guard.\n (ii) For Operation and Maintenance, Army \n National Guard, $1,300,000,000.\n (iii) For other equipment procurement and \n reset, $4,360,000,000, of which--\n (I) $2,600,000,000 shall be \n available for the Army National Guard; \n and\n (II) $1,760,000,000 shall be \n available for the Air National Guard.\n (iv) For National Guard Personnel, Air \n Force, $280,000,000.\n (v) For Operation and Maintenance, Air \n National Guard, $720,000,000.\n (B) For each of fiscal years 2009 through 2013:\n (i) For procurement of National Guard and \n Reserve Equipment, $575,000,000, with such \n amount to be available for the Army National \n Guard.\n (ii) For Operation and Maintenance, Army \n National Guard, $1,300,000,000.\n (iii) For other equipment procurement and \n reset, $4,360,000,000, of which--\n (I) $2,600,000,000 shall be \n available for the Army National Guard; \n and\n (II) $1,760,000,000 shall be \n available for the Air National Guard.\n (iv) For National Guard Personnel, Air \n Force, $280,000,000.\n (v) For Operation and Maintenance, Air \n National Guard, $720,000,000.\n (2) Supplement not supplant.--The amounts authorized to be \n appropriated by paragraph (1) for a fiscal year and account \n specified in that paragraph is in addition to any other amounts \n authorized to be appropriated for the Department of Defense for \n such fiscal year for such account.\n (c) Report on Defense Industrial Base.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, the Secretary of Defense shall \n submit to Congress a report assessing the capability, during \n the 5-year period beginning on October 1, 2007, of the defense \n industrial base of the United States to produce the equipment \n to be procured using amounts applicable amounts authorized to \n be appropriated by subsection (b).\n (2) Recommendations.--If the assessment in the report under \n paragraph (1) includes a determination that the defense \n industrial base does not have the capability to produce \n equipment as described in that paragraph, the report shall also \n include such recommendations as the Secretary considers \n appropriate for actions, including investments, necessary to \n develop that capability.","summary":"Authorizes appropriations for FY2008-FY2013 for the Department of Defense (DOD) for the Army and Air National Guards for equipment reset (resupply) requirements, and to otherwise remedy other equipment shortfalls in order to bring the Army and Air National Guards to full equipment readiness. Requires a report from the Secretary to Congress on the capability of the US defense industrial base to produce the necessary equipment.","title":"A bill to authorize appropriations for the Department of Defense to address the equipment reset and other equipment needs of the National Guard, and for other purposes.","text_len":8461,"sum_len":429} {"bill_id":"105_hr443","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Nonprofit Hospital \nProtection Act of 1997''.\n\nSEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS \n THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY \n WITHOUT APPROVAL.\n\n (a) In General.--Part A of title XVIII of the Social Security Act \nis amended by adding at the end the following new section:\n\n ``disqualification of certain nonprofit hospitals from payment if \n assets or control transferred to a for-profit entity without approval\n\n ``Sec. 1821. (a) Requirement.--No payment may be made under this \npart with respect to inpatient hospital services of a hospital if the \nhospital, on or after January 7, 1997, was owned or controlled by a \nnonprofit entity and there is an impermissible transfer (as defined in \nsubsection (b)) with respect to the hospital or the entity.\n ``(b) Impermissible Transfers.--\n ``(1) In general.--For purposes of this section, the term \n `impermissible transfer' means any covered transfer (as defined \n in paragraph (2)) that has not been considered to be approved \n in accordance with subsection (c).\n ``(2) Covered transfer defined.--For purposes of this \n section, the term `covered transfer' means, with respect to a \n hospital that is owned or controlled by a nonprofit entity--\n ``(A) the sale, transfer, lease, exchange, option, \n conveyance, or other disposition of, the assets of the \n hospital (or of the entity in relation to the hospital) \n to a for-profit entity, if a material amount of the \n assets relating to the hospital are involved in such \n disposition; or\n ``(B) the transfer of control, responsibility, or \n governance of a material amount of the assets or \n operation of the hospital (or of the entity in relation \n to the hospital) to any for-profit entity.\n Transfers described in this paragraph may be effected through \n sale, joint venture, joint operating agreement, or any other \n means.\n ``(3) Other definitions.--For purposes of this section:\n ``(A) The term `acquired hospital' means, with \n respect to a covered transfer, the non-profit hospital \n the assets or control of which are the subject of the \n transfer.\n ``(B) The term `acquiring entity' means, with \n respect to a covered transfer, the for-profit entity \n that is involved in the transfer.\n ``(c) Conditions for Approval.--Subject to subsection (d)--\n ``(1) In general.--A covered transfer with respect to an \n acquired hospital owned or controlled by a nonprofit entity is \n not considered to be approved in accordance with this \n subsection unless--\n ``(A) the acquiring entity has disclosed to the \n Secretary, in a form and manner specified by the \n Secretary, the information described in paragraph (2) \n relating to the transfer;\n ``(B) there has been an independent fairness review \n conducted of the proposed transfer and the report on \n the review concludes that no assets of the acquired \n hospital in relation to the nonprofit entity have \n inappropriately benefited any private parties; and\n ``(C) the Secretary has approved the transfer.\n ``(3) Information to be disclosed.--The information \n described in this paragraph is a complete description of the \n terms of covered transfer, together with a description of all \n collateral arrangements, including information describing--\n ``(A) the acquired hospital and the nonprofit \n entity that owns or controls the hospital;\n ``(B) the acquiring entity;\n ``(C) other parties to the transfer;\n ``(D) terms of the proposed transfer;\n ``(E) the value of consideration to be provided in \n connection with the transfer (including details as to \n the basis for the valuation);\n ``(F) copies of documents relating to the transfer;\n ``(G) the identity of individuals and persons who \n are officers, directors, or affiliates of the nonprofit \n entity and whether they have any direct or indirect \n economic interest in the transfer (including any \n promise or discussion of future employment); and\n ``(H) such other information as the Secretary may \n require.\n ``(3) Public disclosure.--The Secretary shall provide for \n public disclosure (including disclosure through electronic \n means on the Internet) of information described in paragraph \n (3) provided under paragraph (1)(A) and the report on the \n transfer described in paragraph (1)(B).\n ``(4) Conditions for approval of transfers.--The Secretary \n may not approve a covered transfer relating to an acquired \n hospital owned or controlled by a nonprofit entity unless, \n after completion of the public hearing described in paragraph \n (6), the Secretary determines that the following conditions are \n met:\n ``(A) Due care was exercised by the nonprofit \n entity in deciding to enter into the transfer, \n selecting the acquiring entity, and negotiating the \n terms of the transfer.\n ``(B) The nonprofit entity sought appropriate \n expert assistance in making decisions in relation to \n the transfer.\n ``(C) The nonprofit entity took all reasonable \n steps to avoid conflict of interests.\n ``(D) The nonprofit entity will receive fair market \n value for its assets transferred in connection with the \n covered transfer.\n ``(E) No charitable funds are placed at risk in \n connection with the covered transfer.\n ``(F) The amount of any compensation under any \n management contract entered into in connection with the \n covered transfer is fair.\n ``(G) The proceeds to the nonprofit entity in \n connection with the covered transfer will be used only \n for appropriate charitable purposes consistent with the \n entity's non-profit charter and for the promotion of \n health in the affected community and such proceeds will \n be controlled as charitable funds independent of the \n acquiring entity.\n ``(H) Any charitable corporation established to \n hold proceeds of the acquired hospital in connection \n with the covered transfer will be broadly based in the \n community.\n ``(I) There are sufficient safeguards to assure the \n affected community continues to have access to \n affordable hospital services.\n ``(J) The acquiring entity has made a commitment to \n provide comparable care to the disadvantaged, the \n uninsured, and the underinsured, and to provide \n benefits to the affected community.\n ``(K) The acquiring entity has no contractual right \n to receive or direct future grants in relation to the \n acquired hospital.\n ``(L) The acquiring entity has paid the Secretary, \n with respect to the covered transfer, a fee sufficient \n to cover the costs of the Secretary in administering \n this section in relation to such transfer.\n ``(6) Public hearing.--Before approving a covered transfer, \n the Secretary shall provide for notice and a public hearing to \n take place in the community of the acquired hospital concerning \n the transfer and publication of a public report on testimony \n received at the hearing.\n ``(d) Application of Alternative State Law Requirements.--A covered \ntransfer is deemed to meet an applicable requirement of subsection (c) \nrelating to the transfer to the extent that the Secretary determines \nthat there is a State law that imposes a requirement at least as \nstringent as the requirement involved with respect to the transfer.\n ``(e) Delegation of Authority.--The Secretary may exercise the \nSecretary's authority under this section through any appropriate \nofficial in the Department of Health and Human Services.\n ``(f) No Effect on Other Rights.--The fact that the Secretary has \napproved a covered transfer under this section shall not supersede \nother rights that any entity (including the federal government or a \nState or local government) may have to challenge the transfer on any \ngrounds.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to covered transfers for which agreements or transactions \nare entered into on or after January 7, 1997.","summary":"Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.","title":"Medicare Nonprofit Hospital Protection Act of 1997","text_len":9568,"sum_len":310} {"bill_id":"110_hr6450","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Conservation Opportunity Fund \nAct of 2008'' or the ``ECO Fund Act of 2008''.\n\nSEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY \n OUT RENEWABLE ENERGY SOURCES ACTIVITIES.\n\n (a) Establishment of Fund.--There is established in the Treasury of \nthe United States a revolving fund, to be known as the ``Alternative \nEnergy Sources State Revolving Fund''.\n (b) Credits.--The Fund shall be credited with--\n (1) any amounts appropriated to the Fund pursuant to \n subsection (g);\n (2) any amounts of principal and interest from loan \n repayments received by the Secretary pursuant to subsection \n (d)(7); and\n (3) any interest earned on investments of amounts in the \n Fund pursuant to subsection (e).\n (c) Expenditures.--\n (1) In general.--Subject to paragraph (2), on request by \n the Secretary of Housing and Urban Development, the Secretary \n of the Treasury shall transfer from the Fund to the Secretary \n such amounts as the Secretary determines are necessary to \n provide loans under subsection (d)(1).\n (2) Administrative expenses.--Of the amounts in the Fund, \n not more than 5 percent shall be available for each fiscal year \n to pay the administrative expenses of the Department of Housing \n and Urban Development to carry out this section.\n (d) Loans to States and Indian Tribes.--\n (1) In general.--The Secretary shall use amounts in the \n Fund to provide loans to States and Indian tribes to provide \n incentives to owners of single-family and multifamily housing, \n commercial properties, and public buildings to provide--\n (A) renewable energy sources for such structures, \n such as wind, wave, solar, biomass, or geothermal \n energy sources, including incentives to companies and \n business to change their source of energy to such \n renewable energy sources and for changing the sources \n of energy for public buildings to such renewable energy \n sources;\n (B) energy efficiency and energy conserving \n improvements and features for such structures; or\n (C) infrastructure related to the delivery of \n electricity and hot water for structures lacking such \n amenities.\n (2) Eligibility.--To be eligible to receive a loan under \n this subsection, a State or Indian tribe, through an \n appropriate State or tribal agency, shall submit to the \n Secretary an application at such time, in such manner, and \n containing such information as the Secretary may require.\n (3) Criteria for approval.--The Secretary may approve an \n application of a State or Indian tribe under paragraph (2) only \n if the Secretary determines that the State or tribe will use \n the funds from the loan under this subsection to carry out a \n program to provide incentives described in paragraph (1) that--\n (A) requires that any such renewable energy \n sources, and energy efficiency and energy conserving \n improvements and features, developed pursuant to \n assistance under the program result in compliance of \n the structure so improved with the energy efficiency \n requirements under section 2(a) of the; and\n (B) includes such compliance and audit requirements \n as the Secretary determines are necessary to ensure \n that the program is operated in a sound and effective \n manner.\n (4) Preference.--In making loans during each fiscal year, \n the Secretary shall give preference to States and Indian tribes \n that have not previously received a loan under this subsection.\n (5) Maximum amount.--The aggregate outstanding principal \n amount from loans under this subsection to any single State or \n Indian tribe may not exceed $500,000,000.\n (6) Loan terms.--Each loan under this subsection shall have \n a term to maturity of not more than 10 years and shall bear \n interest at annual rate, determined by the Secretary, that \n shall not exceed interest rate charged by the Federal Reserve \n Bank of New York to commercial banks and other depository \n institutions for very short-term loans under the primary credit \n program, as most recently published in the Federal Reserve \n Statistical Release on selected interest rates (daily or \n weekly), and commonly referred to as the H.15 release, \n preceding the date of a determination for purposes of applying \n this paragraph.\n (7) Loan repayment.--The Secretary shall require full \n repayment of each loan made under this section.\n (e) Investment of Amounts.--\n (1) In general.--The Secretary of the Treasury shall invest \n such amounts in the Fund that are not, in the judgment of the \n Secretary of the Treasury, required to meet needs for current \n withdrawals.\n (2) Obligations of united states.--Investments may be made \n only in interest-bearing obligations of the United States.\n (f) Reports.--\n (1) Reports to secretary.--For each year during the term of \n a loan made under subsection (d), the State or Indian tribe \n that received the loan shall submit to the Secretary a report \n describing the State or tribal alternative energy sources \n program for which the loan was made and the activities \n conducted under the program using the loan funds during that \n year.\n (2) Report to congress.--Not later than September 30 of \n each year that loans made under subsection (d) are outstanding, \n the Secretary shall submit a report to the Congress describing \n the total amount of such loans provided under subsection (d) to \n each eligible State and Indian tribe during the fiscal year \n ending on such date, and an evaluation on effectiveness of the \n Fund.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated to the Fund $5,000,000,000.\n (h) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Indian tribe.--The term ``Indian tribe'' has the \n meaning given such term in section 4 of the Native American \n Housing Assistance and Self-Determination Act of 1996 (25 \n U.S.C. 4103).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (3) State.--The term ``State'' means each of the several \n States, the Commonwealth of Puerto Rico, the District of \n Columbia, the Commonwealth of the Northern Mariana Islands, \n Guam, the Virgin Islands, American Samoa, the Trust Territories \n of the Pacific, or any other possession of the United States.","summary":"Energy Conservation Opportunity Fund Act of 2008 or the ECO Fund Act of 2008 - Establishes in the Treasury an Alternative Energy Sources State Revolving Fund. Directs the Secretary of Housing and Urban Development to use amounts in the Fund to provide loans to states and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide: (1) renewable energy sources, such as wind, wave, solar, biomass, or geothermal energy, for such structures. (2) energy efficiency and energy conserving improvements and features for such structures. Or (3) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities.","title":"To establish a revolving loan fund to provide loans to States and Indian tribes to provide incentives to undertake activities to provide renewable energy sources for housing and other structures.","text_len":7302,"sum_len":729} {"bill_id":"108_hr258","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American 5-Cent Coin Design \nContinuity Act of 2003''.\n\n TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY\n\nSEC. 101. DESIGNS ON THE 5-CENT COIN.\n\n (a) In General.--Subject to subsection (b) and after consulting \nwith the Citizens Coinage Advisory Committee and the Commission of Fine \nArts, the Secretary of the Treasury may change the design on the \nobverse and the reverse of the 5-cent coin for coins issued in 2003, \n2004, and 2005 in recognition of the bicentennial of the Louisiana \nPurchase and the expedition of Meriwether Lewis and William Clark.\n (b) Design Specifications.--\n (1) Obverse.--If the Secretary of the Treasury elects to change \n the obverse of 5-cent coins issued during 2003, 2004, and 2005, the \n design shall depict a likeness of President Thomas Jefferson, \n different from the likeness that appeared on the obverse of the 5-\n cent coins issued during 2002, in recognition of his role with \n respect to the Louisiana Purchase and the commissioning of the \n Lewis and Clark expedition.\n (2) Reverse.--If the Secretary of the Treasury elects to change \n the reverse of the 5-cent coins issued during 2003, 2004, and 2005, \n the design selected shall depict images that are emblematic of the \n Louisiana Purchase or the expedition of Meriwether Lewis and \n William Clark.\n (3) Other inscriptions.--5-cent coins issued during 2003, 2004, \n and 2005 shall continue to meet all other requirements for \n inscriptions and designations applicable to circulating coins under \n section 5112(d)(1) of title 31, United States Code.\n\nSEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF \n THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS \n AND CLARK EXPEDITION.\n\n (a) In General.--Section 5112(d)(1) of title 31, United States \nCode, is amended by inserting after the 4th sentence the following new \nsentence: ``Subject to other provisions of this subsection, the obverse \nof any 5-cent coin issued after December 31, 2005, shall bear the \nlikeness of Thomas Jefferson and the reverse of any such 5-cent coin \nshall bear an image of the home of Thomas Jefferson at Monticello.''.\n (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of \ntitle 31, United States Code, is amended by inserting ``, after \nconsulting with the Citizens Coinage Advisory Committee and the \nCommission of Fine Arts,'' after ``The Secretary may''.\n\nSEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE.\n\n (a) In General.--Section 5135 of title 31, United States Code, is \namended to read as follows:\n\n``Sec. 5135. Citizens Coinage Advisory Committee\n\n ``(a) Establishment.--\n ``(1) In general.--There is hereby established the Citizens \n Coinage Advisory Committee (in this section referred to as the \n `Advisory Committee') to advise the Secretary of the Treasury on \n the selection of themes and designs for coins.\n ``(2) Oversight of advisory committee.--The Advisory Committee \n shall be subject to the authority of the Secretary of the Treasury \n (hereafter in this section referred to as the `Secretary').\n ``(b) Membership.--\n ``(1) Appointment.--The Advisory Committee shall consist of 11 \n members appointed by the Secretary as follows:\n ``(A) Seven persons appointed by the Secretary--\n ``(i) one of whom shall be appointed from among \n individuals who are specially qualified to serve on the \n Advisory Committee by virtue of their education, training, \n or experience as a nationally or internationally recognized \n curator in the United States of a numismatic collection;\n ``(ii) one of whom shall be appointed from among \n individuals who are specially qualified to serve on the \n Advisory Committee by virtue of their experience in the \n medallic arts or sculpture;\n ``(iii) one of whom shall be appointed from among \n individuals who are specially qualified to serve on the \n Advisory Committee by virtue of their education, training, \n or experience in American history;\n ``(iv) one of whom shall be appointed from among \n individuals who are specially qualified to serve on the \n Advisory Committee by virtue of their education, training, \n or experience in numismatics; and\n ``(v) three of whom shall be appointed from among \n individuals who can represent the interests of the general \n public in the coinage of the United States.\n ``(B) Four persons appointed by the Secretary on the basis \n of the recommendations of the following officials who shall \n make the selection for such recommendation from among citizens \n whoare specially qualified to serve on the Advisory Committee \nby virtue of their education, training, or experience:\n ``(i) One person recommended by the Speaker of the \n House of Representatives.\n ``(ii) One person recommended by the minority leader of \n the House of Representatives.\n ``(iii) One person recommended by the majority leader \n of the Senate.\n ``(iv) One person recommended by the minority leader of \n the Senate.\n ``(2) Terms.--\n ``(A) In general.--Except as provided in subparagraph (B), \n members of the Advisory Committee shall be appointed for a term \n of 4 years.\n ``(B) Terms of initial appointees.--As designated by the \n Secretary at the time of appointment, of the members first \n appointed--\n ``(i) four of the members appointed under paragraph \n (1)(A) shall be appointed for a term of 4 years;\n ``(ii) the four members appointed under paragraph \n (1)(B) shall be appointed for a term of 3 years; and\n ``(iii) three of the members appointed under paragraph \n (1)(A) shall be appointed for a term of 2 years.\n ``(3) Preservation of public advisory status.--No individual \n may be appointed to the Advisory Committee while serving as an \n officer or employee of the Federal Government.\n ``(4) Continuation of service.--Each appointed member may \n continue to serve for up to 6 months after the expiration of the \n term of office to which such member was appointed until a successor \n has been appointed.\n ``(5) Vacancy and removal.--\n ``(A) In general.--Any vacancy on the Advisory Committee \n shall be filled in the manner in which the original appointment \n was made.\n ``(B) Removal.--Advisory Committee members shall serve at \n the discretion of the Secretary and may be removed at any time \n for good cause.\n ``(6) Chairperson.--The Chairperson of the Advisory Committee \n shall be appointed for a term of 1 year by the Secretary from among \n the members of the Advisory Committee.\n ``(7) Pay and expenses.--Members of the Advisory Committee \n shall serve without pay for such service but each member of the \n Advisory Committee shall be reimbursed from the United States Mint \n Public Enterprise Fund for travel, lodging, meals, and incidental \n expenses incurred in connection with attendance of such members at \n meetings of the Advisory Committee in the same amounts and under \n the same conditions as employees of the United States Mint who \n engage in official travel, as determined by the Secretary.\n ``(8) Meetings.--\n ``(A) In general.--The Advisory Committee shall meet at the \n call of the Secretary, the chairperson, or a majority of the \n members, but not less frequently than twice annually.\n ``(B) Open meetings.--Each meeting of the Advisory \n Committee shall be open to the public.\n ``(C) Prior notice of meetings.--Timely notice of each \n meeting of the Advisory Committee shall be published in the \n Federal Register, and timely notice of each meeting shall be \n made to trade publications and publications of general \n circulation.\n ``(9) Quorum.--Seven members of the Advisory Committee shall \n constitute a quorum.\n ``(c) Duties of the Advisory Committee.--The duties of the Advisory \nCommittee are as follows:\n ``(1) Advising the Secretary of the Treasury on any theme or \n design proposals relating to circulating coinage, bullion coinage, \n congressional gold medals and national and other medals produced by \n the Secretary of the Treasury in accordance with section 5111 of \n title 31, United States Code.\n ``(2) Advising the Secretary of the Treasury with regard to--\n ``(A) the events, persons, or places that the Advisory \n Committee recommends be commemorated by the issuance of \n commemorative coins in each of the 5 calendar years succeeding \n the year in which a commemorative coin designation is made;\n ``(B) the mintage level for any commemorative coin \n recommended under subparagraph (A); and\n ``(C) the proposed designs for commemorative coins.\n ``(d) Expenses.--The expenses of the Advisory Committee that the \nSecretary of the Treasury determines to be reasonable and appropriate \nshall be paid by the Secretary from the United States Mint Public \nEnterprise Fund.\n ``(e) Administrative Support, Technical Services, and Advice.--Upon \nthe request of the Advisory Committee, or as necessary for the Advisory \nCommittee to carry out the responsibilities of the Advisory Committee \nunder this section, the Director of the United States Mint shall \nprovide to the Advisory Committee the administrative support, technical \nservices, and advice that the Secretary of the Treasury determines to \nbe reasonable and appropriate.\n ``(f) Consultation Authority.--In carrying out the duties of the \nAdvisory Committee under this section, the Advisory Committee may \nconsult with the Commission of Fine Arts.\n ``(g) Annual Report.--\n ``(1) Required.--Not later than September 30 of each year, the \n Advisory Committee shall submit a report to the Secretary, the \n Committee on Financial Services of the House of Representatives and \n the Committee on Banking, Housing, and Urban Affairs of the Senate. \n Should circumstances arise in which the Advisory Committee cannot \n meet the September 30 deadline in any year, the Secretary shall \n advise the Chairpersons of the Committee on Financial Services of \n the House of Representatives and the Committee on Banking, Housing, \n and Urban Affairs of the Senate of the reasons for such delay and \n the date on which the submission of the report is anticipated.\n ``(2) Contents.--The report required by paragraph (1) shall \n describe the activities of the Advisory Committee during the \n preceding year and the reports and recommendations made by the \n Advisory Committee to the Secretary of the Treasury.\n ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to \nthe requirements of subsection (b)(8), the Federal Advisory Committee \nAct shall not apply with respect to the Committee.''.\n (b) Abolishment of Citizens Commemorative Coin Advisory \nCommittee.--Effective on the date of the enactment of this Act, the \nCitizens CommemorativeCoin Advisory Committee (established by section \n5135 of title 31, United States Code, as in effect before the amendment \nmade by subsection (a)) is hereby abolished.\n (c) Continuity of Members of Citizens Commemorative Coin Advisory \nCommittee.--Subject to paragraphs (1) and (2) of section 5135(b) of \ntitle 31, United States Code, any person who is a member of the \nCitizens Commemorative Coin Advisory Committee on the date of the \nenactment of this Act, other than the member of such committee who is \nappointed from among the officers or employees of the United States \nMint, may continue to serve the remainder of the term to which such \nmember was appointed as a member of the Citizens Coinage Advisory \nCommittee in one of the positions as determined by the Secretary.\n (d) Technical and Conforming Amendments.--\n (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, \n is amended by striking ``Citizens Commemorative Coin Advisory \n Committee'' and inserting ``Citizens Coinage Advisory Committee''.\n (2) Section 5134(c) of title 31, United States Code, is \n amended--\n (A) by striking paragraph (4); and\n (B) by redesignating paragraph (5) as paragraph (4).\n\n TITLE II--TECHNICAL AND CLARIFYING PROVISIONS\n\nSEC. 201. CLARIFICATION OF EXISTING LAW.\n\n (a) In General.--Section 5134(f)(1) of title 31, United States \nCode, is amended to read as follows:\n ``(1) Payment of surcharges.--\n ``(A) In general.--Notwithstanding any other provision of \n law, no amount derived from the proceeds of any surcharge \n imposed on the sale of any numismatic item shall be paid from \n the fund to any designated recipient organization unless--\n ``(i) all numismatic operation and program costs \n allocable to the program under which such numismatic item \n is produced and sold have been recovered; and\n ``(ii) the designated recipient organization submits an \n audited financial statement that demonstrates, to the \n satisfaction of the Secretary, that, with respect to all \n projects or purposes for which the proceeds of such \n surcharge may be used, the organization has raised funds \n from private sources for such projects and purposes in an \n amount that is equal to or greater than the total amount of \n the proceeds of such surcharge derived from the sale of \n such numismatic item.\n ``(B) Unpaid amounts.--If any amount derived from the \n proceeds of any surcharge imposed on the sale of any numismatic \n item that may otherwise be paid from the fund, under any \n provision of law relating to such numismatic item, to any \n designated recipient organization remains unpaid to such \n organization solely by reason of the matching fund requirement \n contained in subparagraph (A)(ii) after the end of the 2-year \n period beginning on the later of--\n ``(i) the last day any such numismatic item is issued \n by the Secretary; or\n ``(ii) the date of the enactment of the American 5-Cent \n Coin Design Continuity Act of 2003,\n such unpaid amount shall be deposited in the Treasury as \n miscellaneous receipts.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply as of the date of the enactment of Public Law 104-208.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. And (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs. Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary. Title II: Technical and Clarifying Provisions - Amends Federal law to revise the requirements for payment of surcharges to recipient organizations. Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds.","title":"To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, and for other purposes.","text_len":15371,"sum_len":1797} {"bill_id":"113_hr4033","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Worker Mobility Act of \n2014''.\n\nSEC. 2. RELOCATION SUBSIDIES FOR THE LONG-TERM UNEMPLOYED.\n\n (a) In General.--The Secretary of Labor may grant a relocation \nsubsidy to an eligible individual who meets the requirements of this \nsection.\n (b) Meaning of Eligible Individual.--For purposes of this section, \nan eligible individual is an individual who, as of the date of the \napplication for a relocation subsidy under this section--\n (1) is totally unemployed and has been totally unemployed \n for at least 26 consecutive weeks;\n (2) has exhausted all rights to regular compensation under \n the law of a State or under Federal law with respect to a \n benefit year (excluding any benefit year ending before July 1, \n 2008);\n (3) has not received a relocation subsidy under this \n section in the 2-year period preceding such date of \n application; and\n (4) is able to work, available to work, and actively \n seeking work.\n (c) Requirements for Grant.--The Secretary of Labor may not grant a \nrelocation subsidy to an eligible individual under this section unless \nthe Secretary determines that--\n (1) the relocation subsidy will assist such individual in \n relocating within the United States, at least 60 miles from the \n individual's current residence, for the purpose of attaining \n employment;\n (2) such individual filed an application with the Secretary \n not later than January 1, 2019; and\n (3) such individual--\n (A) has obtained a bona fide offer of suitable \n employment affording a reasonable expectation of long-\n term duration in the area in which the individual \n wishes to relocate; or\n (B) wishes to relocate to an area that has an \n unemployment rate that is at least 2 percentage points \n less than the unemployment rate of the area of the \n individual's initial residence.\n (d) Amount of Subsidy.--A relocation subsidy granted to an eligible \nindividual under this section shall be equal to the lesser of $10,000 \nor the amount that any contribution by a potential employer of the \nindividual to the individual's relocation expenses is exceeded by the \nsum of--\n (1) 90 percent of the reasonable and necessary expenses \n incurred in transporting the worker, the worker's family, and \n household effects, plus\n (2) a lump sum equivalent to 3 times the individual's \n weekly benefit amount for the most recent benefit year (as such \n terms are defined in the State law), up to a maximum payment of \n $1,250.\n (e) Regulations.--Prior to granting any relocation subsidies under \nsubsection (a), the Secretary of Labor shall issue regulations designed \nto prevent fraud or abuse relating to the program established under \nthis Act.\n (f) No Additional Funds Authorized.--No additional appropriations \nare authorized for any fiscal year to carry out this Act.\n (g) Definitions.--For purposes of this section--\n (1) the term ``regular compensation'' has the meaning given \n the term in section 205(2) of the Federal-State Extended \n Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), as \n in effect prior to January 1, 2014; and\n (2) the term ``suitable work''--\n (A) means suitable work as defined in the \n applicable State law for claimants for regular \n compensation; and\n (B) does not include self-employment or employment \n as an independent contractor.\n (h) Reports.--Not later than March 15 of each of calendar years \n2015 and 2017, the Secretary of Labor shall submit a report to Congress \nthat identifies, by geographic region--\n (1) the total number of relocation subsidies granted to \n individuals under this section during the calendar year \n preceding each such calendar year;\n (2) the total number of relocation subsidies granted to \n individuals pursuant to subsection (c)(3)(A) during such \n calendar year;\n (3) the total number of relocation subsidies granted to \n individuals pursuant to subsection (c)(3)(B) during such \n calendar year, and the number of such individuals who obtained \n employment within 1 month, 3 months, and 6 months, \n respectively, after the individual's relocation;\n (4) the average amount of a relocation subsidy granted \n during such calendar year;\n (5) the average distance traveled for relocation by each \n individual receiving a relocation subsidy during such calendar \n year; and\n (6) the number of individuals who received a relocation \n subsidy under this section during such calendar year and \n subsequently applied for unemployment benefits.","summary":"American Worker Mobility Act of 2014 - Authorizes the Secretary of Labor to grant a relocation subsidy of up to $10,000 to an individual who: (1) has been totally unemployed for at least 26 consecutive weeks. (2) has exhausted all rights to state or federal unemployment compensation. (3) has not received a relocation subsidy for the two-year period preceding the subsidy application. And (4) is able to work, available to work, and actively seeking work. Prescribes subsidy program requirements. Directs the Secretary to issue regulations to prevent program fraud or abuse.","title":"To provide relocation subsidies for the long-term unemployed, and for other purposes.","text_len":5126,"sum_len":575} {"bill_id":"111_hr2510","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Absentee Ballot Track, Receive, and \nConfirm Act''.\n\nSEC. 2. REIMBURSEMENT FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO \n TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS.\n\n (a) Reimbursement.--Subtitle D of title II of the Help America Vote \nAct of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end \nthe following new part:\n\n ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN \n ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS\n\n``SEC. 297. PAYMENTS TO STATES.\n\n ``(a) Payments For Costs of Establishing Program.--In accordance \nwith this section, the Commission shall make a payment to a State to \nreimburse the State for the costs incurred in establishing, if the \nState so chooses to establish, an absentee ballot tracking program with \nrespect to elections for Federal office held in the State (including \ncosts incurred prior to the date of the enactment of this part).\n ``(b) Absentee Ballot Tracking Program Described.--\n ``(1) Program described.--\n ``(A) In general.--In this part, an `absentee \n ballot tracking program' is a program to track and \n confirm the receipt of absentee ballots in an election \n for Federal office under which the State or local \n election official responsible for the receipt of voted \n absentee ballots in the election carries out procedures \n to track and confirm the receipt of such ballots, and \n makes information on the receipt of such ballots \n available to the individual who cast the ballot, by \n means of online access using the Internet site of the \n official's office.\n ``(B) Information on whether vote was counted.--The \n information referred to under subparagraph (A) with \n respect to the receipt of an absentee ballot shall \n include information regarding whether the vote cast on \n the ballot was counted, and, in the case of a vote \n which was not counted, the reasons therefor.\n ``(2) Use of toll-free telephone number by officials \n without internet site.--A program established by a State or \n local election official whose office does not have an Internet \n site may meet the description of a program under paragraph (1) \n if the official has established a toll-free telephone number \n that may be used by an individual who cast an absentee ballot \n to obtain the information on the receipt of the voted absentee \n ballot as provided under such paragraph.\n ``(c) Certification of Compliance and Costs.--\n ``(1) Certification required.--In order to receive a \n payment under this section, a State shall submit to the \n Commission a statement containing--\n ``(A) a certification that the State has \n established an absentee ballot tracking program with \n respect to elections for Federal office held in the \n State; and\n ``(B) a statement of the costs incurred by the \n State in establishing the program.\n ``(2) Amount of payment.--The amount of a payment made to a \n State under this section shall be equal to the costs incurred \n by the State in establishing the absentee ballot tracking \n program, as set forth in the statement submitted under \n paragraph (1), except that such amount may not exceed the \n product of--\n ``(A) the number of jurisdictions in the State \n which are responsible for operating the program; and\n ``(B) $3,000.\n ``(3) Limit on number of payments received.--A State may \n not receive more than one payment under this part.\n\n``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) Authorization.--There are authorized to be appropriated to \nthe Commission for fiscal year 2010 and each succeeding fiscal year \nsuch sums as may be necessary for payments under this part.\n ``(b) Continuing Availability of Funds.--Any amounts appropriated \npursuant to the authorization under this section shall remain available \nuntil expended.''.\n (b) Clerical Amendment.--The table of contents of such Act is \namended by adding at the end of the items relating to subtitle D of \ntitle II the following:\n\n ``Part 7--Payments To Reimburse States for Costs Incurred in \n Establishing Program To Track and Confirm Receipt of Absentee Ballots\n\n``Sec. 297. Payments to States.\n``Sec. 297A. Authorization of appropriations.''.\n\n Passed the House of Representatives July 30, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Absentee Ballot Track, Receive, and Confirm Act - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission (EAC) to make a payment to reimburse a state for the costs incurred in establishing, if the state so chooses, an absentee ballot tracking program for federal elections.","title":"To amend the Help America Vote Act of 2002 to reimburse States for the costs incurred in establishing a program to track and confirm the receipt of voted absentee ballots in elections for Federal office and make information on the receipt of such ballots available by means of online access, and for other purposes.","text_len":5028,"sum_len":304} {"bill_id":"111_s1577","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Asthma Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) Despite improved therapies, asthma affects \n approximately 22,000,000 adults and 6,800,000 children under \n the age of 18 in the United States.\n (2) Approximately 1,000,000 hospital emergency room visits \n are attributed to asthma annually.\n (3) Asthma can be life-threatening if not properly managed. \n Most asthma-related deaths are preventable, yet such deaths \n continue to occur in the United States.\n (4) Asthma-related health care costs are estimated at \n $14,000,000,000 annually.\n (5) With early recognition of the signs and symptoms of \n asthma, proper diagnosis and treatment, and patient education \n and self-management, asthma is a controllable disease.\n (6) Public health interventions have been proven effective \n in the treatment and management of asthma. Population-based \n research supported by the National Institutes of Health has \n effectively demonstrated the benefits of combining aggressive \n medical treatment with patient education to improve the \n management of asthma. The National Asthma Education and \n Prevention Program helps raise awareness that asthma is a \n serious chronic disease, and helps promote more effective \n management of asthma through patient and professional \n education.\n (7) The alarming rise in prevalence, asthma-related deaths, \n and expenditures demonstrate that, despite extensive knowledge \n on effective asthma management strategies, current Federal \n policy and funding regarding the education, treatment, and \n management of asthma is inadequate.\n (8) Additional Federal direction, funding, and support is \n necessary to increase awareness of asthma as a chronic illness, \n its symptoms, and the environmental factors (indoor and \n outdoor) that affect the disease, as well as to promote \n education programs that teach patients how to better manage \n asthma.\n\nSEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION \n PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.\n\n (a) Additional Funding; Expansion of Program.--In addition to any \nother authorization of appropriations that is available to the National \nHeart, Lung, and Blood Institute for the purpose of carrying out the \nNational Asthma Education and Prevention Program, there is authorized \nto be appropriated to such Institute for such purpose $4,100,000 for \neach of the fiscal years 2010 through 2014. Amounts appropriated under \nthe preceding sentence shall be expended to expand such Program.\n (b) Coordinating Committee.--\n (1) Report to congress.--With respect to the coordinating \n committee established for the National Asthma Education and \n Prevention Program of the National Heart, Lung, and Blood \n Institute, such committee shall submit to Congress a report \n that--\n (A) contains a determination by the committee of \n the scope of the problem of asthma in the United \n States;\n (B) identifies all Federal programs that carry out \n asthma-related activities; and\n (C) contains the recommendations of the committee \n for strengthening and better coordinating the asthma-\n related activities of the Federal Government.\n (2) Inclusion of representative of department of \n education.--The Secretary of Education or a designee of such \n Secretary shall be included in the membership of the \n coordinating committee described in paragraph (1).\n\nSEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND \n PREVENTION.\n\n (a) Expansion of Public Health Surveillance Activities; Program for \nProviding Information and Education to Public.--The Secretary of Health \nand Human Services, acting through the Director of the Centers for \nDisease Control and Prevention, shall collaborate with the States to \nexpand the scope of--\n (1) activities that are carried out to determine the \n incidence and prevalence of asthma; and\n (2) activities that are carried out to prevent the health \n consequences of asthma, including through the provision of \n information and education to the public regarding asthma, which \n may include the use of public service announcements through the \n media and such other means as such Director determines to be \n appropriate.\n (b) Compilation of Data.--The Secretary of Health and Human \nServices, acting through the Director of the Centers for Disease \nControl and Prevention and in consultation with the National Asthma \nEducation Prevention Program Coordinating Committee, shall--\n (1) conduct local asthma surveillance activities to collect \n data on the prevalence and severity of asthma and the quality \n of asthma management, including--\n (A) telephone surveys to collect sample household \n data on the local burden of asthma; and\n (B) health care facility specific surveillance to \n collect asthma data on the prevalence and severity of \n asthma, and on the quality of asthma care; and\n (2) compile and annually publish data on--\n (A) the prevalence of children suffering from \n asthma in each State; and\n (B) the childhood mortality rate associated with \n asthma nationally and in each State.\n (c) Additional Funding.--In addition to any other authorization of \nappropriations that is available to the Centers for Disease Control and \nPrevention for the purpose of carrying out this section, there is \nauthorized to be appropriated to such Centers for such purpose \n$8,200,000 for each of the fiscal years 2010 through 2014.\n\nSEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION, \n EDUCATION, AND SERVICES.\n\n (a) In General.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary'') may make grants to \nnonprofit private entities for projects to carry out, in communities \nidentified by entities applying for the grants, outreach activities to \nprovide for residents of the communities the following:\n (1) Information and education on asthma.\n (2) Referrals to health programs of public and nonprofit \n private entities that provide asthma-related services, \n including such services for low-income individuals. The grant \n may be expended to make arrangements to coordinate the \n activities of such entities in order to establish and operate \n networks or consortia regarding such referrals.\n (b) Preferences in Making Grants.--In making grants under \nsubsection (a), the Secretary shall give preference to applicants that \nwill carry out projects under such subsection in communities that are \ndisproportionately affected by asthma or underserved with respect to \nthe activities described in such subsection and in which a significant \nnumber of low-income individuals reside.\n (c) Evaluations.--As a condition for receiving a grant under \nsubsection (a), the applicant for the grant shall agree to provide for \nthe evaluation of the projects carried out under such subsection by the \napplicant to determine the extent to which the projects have been \neffective in carrying out the activities described in such subsection.\n (d) Funding.--For the purpose of carrying out this section, there \nis authorized to be appropriated $4,100,000 for each of the fiscal \nyears 2010 through 2014.\n\nSEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES \n REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM.\n\n (a) In General.--The Secretary of Health and Human Services (in \nthis section referred to as the ``Secretary'') shall in accordance with \nsubsection (b) carry out a program to encourage the States to implement \nplans to carry out activities to assist children with respect to asthma \nin accordance with guidelines of the National Heart, Lung, and Blood \nInstitute.\n (b) Relation to Children's Health Insurance Program.--\n (1) In general.--Subject to paragraph (2), if a State plan \n under title XXI of the Social Security Act (42 U.S.C. 1397aa et \n seq.) provides for activities described in subsection (a) to an \n extent satisfactory to the Secretary, the Secretary shall, with \n amounts appropriated under subsection (c), make a grant to the \n State involved to assist the State in carrying out such \n activities.\n (2) Requirement of matching funds.--\n (A) In general.--With respect to the costs of the \n activities to be carried out by a State under paragraph \n (1), the Secretary may make a grant under such \n paragraph only if the State agrees to make available \n (directly or through donations from public or private \n entities) non-Federal contributions toward such costs \n in an amount that is not less than 50 percent of the \n costs ($1 for each $1 of Federal funds provided in the \n grant).\n (B) Determination of amount contributed.--Non-\n Federal contributions required in subparagraph (A) may \n be in cash or in kind, fairly evaluated, including \n plant, equipment, or services. Amounts provided by the \n Federal Government, or services assisted or subsidized \n to any significant extent by the Federal Government, \n may not be included in determining the amount of such \n non-Federal contributions.\n (3) Criteria regarding eligibility for grant.--The \n Secretary shall publish in the Federal Register criteria \n describing the circumstances in which the Secretary will \n consider a State plan to be satisfactory for purposes of \n paragraph (1).\n (4) Technical assistance.--With respect to State plans \n under title XXI of the Social Security Act, the Secretary, \n acting through the Director of the Centers for Disease Control \n and Prevention, shall make available to the States technical \n assistance in developing the provisions of such plans that will \n provide for activities pursuant to paragraph (1).\n (c) Funding.--For the purpose of carrying out this section, there \nis authorized to be appropriated $4,100,000 for each of the fiscal \nyears 2010 through 2014.\n\nSEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA.\n\n (a) In General.--\n (1) School-based asthma activities.--The Secretary of \n Education (in this section referred to as the ``Secretary''), \n in consultation with the Director of the Centers for Disease \n Control and Prevention and the Director of the National \n Institutes of Health, may make grants to local educational \n agencies to carry out at elementary and secondary schools \n described in paragraph (2) programs for asthma-related \n activities for children who attend such schools.\n (2) Eligible schools.--The elementary and secondary schools \n described in this paragraph are such schools that are located \n in communities with a significant number of low-income or \n underserved individuals (as defined by the Secretary).\n (b) Development of Programs.--Programs under subsection (a) shall \ninclude grants under which local education agencies and State public \nhealth officials collaborate to develop programs to improve the \nmanagement of asthma in school settings.\n (c) Certain Guidelines.--Programs under subsection (a) shall be \ncarried out in accordance with applicable guidelines or other \nrecommendations of the National Institutes of Health (including the \nNational Heart, Lung, and Blood Institute) and the Environmental \nProtection Agency.\n (d) Certain Activities.--Activities that may be carried out in \nprograms under subsection (a) include the following:\n (1) Identifying and working directly with local hospitals, \n community clinics, advocacy organizations, parent-teacher \n associations, and asthma coalitions.\n (2) Identifying asthmatic children and training such \n children and the families of such children in asthma self-\n management.\n (3) Purchasing asthma equipment.\n (4) Hiring school nurses.\n (5) Training teachers, nurses, coaches, and other school \n personnel in asthma-symptom recognition and emergency \n responses.\n (6) Simplifying procedures to improve safe access of \n students to asthma medications.\n (7) Such other asthma-related activities as the Secretary \n determines to be appropriate.\n (e) Definitions.--For purposes of this section, the terms \n``elementary school'', ``local educational agency'', and ``secondary \nschool'' have the meanings given such terms in section 9101 of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 7801).\n (f) Funding.--For the purpose of carrying out this section, there \nis authorized to be appropriated $4,100,000 for each of the fiscal \nyears 2010 through 2014.\n\nSEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS.\n\n It is the sense of Congress that--\n (1) hospitals should be encouraged to offer asthma-related \n education and training to asthma patients and families of \n asthma patients upon discharge from the hospital of such \n patients;\n (2) hospitals should, with respect to information on \n asthma, establish telephone services for patients and \n communicate with providers of primary health services; and\n (3) managed care organizations should--\n (A) be encouraged to disseminate to health care \n providers asthma clinical practice guidelines developed \n or endorsed by the Public Health Service;\n (B) collect and maintain asthma data; and\n (C) offer asthma-related education and training to \n asthma patients and their families.\n\nSEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT.\n\n It is the sense of Congress that all Federal, State, and local \nasthma-related activities should--\n (1) promote the guidelines and other recommendations of the \n Public Health Service on asthma diagnosis and management; and\n (2) be designed in consultation with national and local \n organizations representing the medical, educational, and \n environmental communities, as well as advocates that represent \n those affected by asthma.","summary":"Asthma Act - Authorizes additional appropriations to the National Heart, Lung, and Blood Institute to expand the National Asthma Education and Prevention Program. Requires the Program's coordinating committee to report to Congress on: (1) the scope of the asthma problem in the United States, (2) federal programs that carry out asthma-related activities. And (3) recommendations for strengthening and better coordinating such activities. Includes the Secretary of Education or a designee in the committee's membership. Requires the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC) to: (1) collaborate with states to expand the scope of asthma-related activities to determine the incidence and prevalence of asthma and prevent related health consequences. (2) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management. And (3) compile and annually publish data on the prevalence of asthma in children. Authorizes the Secretary to make grants for: (1) information and education on asthma. And (2) referrals to health programs that provide asthma-related services. Directs the Secretary to: (1) carry out a program to encourage the states to implement plans for activities to assist children with respect to asthma in accordance with the Institute's guidelines. And (2) make a grant to states under the Children's Health Insurance Program for such activities. Authorizes grants to local educational agencies to carry out asthma-related activities at elementary and secondary schools in communities with a significant number of low-income or underserved individuals.","title":"A bill to provide the Secretary of Health and Human Services and the Secretary of Education with increased authority with respect to asthma programs, and to provide for increased funding for such programs.","text_len":15322,"sum_len":1725} {"bill_id":"107_hr2715","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rim of the Valley Corridor Study \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The greater Southern California metropolitan region is \n the second largest urban concentration in the United States, \n with almost one-tenth of the total population of the country, \n yet it has one of the lowest ratios of park-and-recreation-\n lands-per-thousand-population of any urban area in the country. \n Unless action is taken soon, this situation will only become \n worse as the region continues to be subjected to intense \n growth.\n (2) The lack of park, recreation, natural open space, and \n habitat protection in close proximity to the greater Southern \n California metropolitan region deprives the individuals who \n reside there of--\n (A) the health and spiritual welfare benefits of \n proximity to nature; and\n (B) the quantifiable benefits of reduced crime, \n lower social tension, and increased educational \n opportunities that are associated with the provision of \n open space in geographic proximity to and accessible to \n urban populations.\n (3) The Rim of the Valley Corridor encircling the San \n Fernando and La Crescenta valleys provides important scenic, \n environmental, recreational, educational, scientific, and \n economic assets to the greater Southern California metropolitan \n region. These assets are deserving of increased protection so \n that they can continue to provide public benefit in the 21st \n century and beyond.\n (4) The Rim of the Valley Corridor, consisting of parts of \n the Santa Monica Mountains, Santa Susanna Mountains, San \n Gabriel Mountains, Verdugo Mountains, San Rafael Hills, and \n adjacent connector areas to the Los Padres and San Bernardino \n National Forests, contains significant examples of--\n (A) the world's most endangered habitat area, the \n Mediterranean chaparral ecosystem; and\n (B) significant examples of separate ecotones \n indigenous to the area.\n (5) A key element of the Rim of the Valley Corridor is the \n escarpment of the San Gabriel Mountains that is largely \n contained within the Angeles National Forest. That national \n forest is primarily managed for watershed, recreational, and \n habitat values and not for commercial exploitation of forest \n resources.\n (6) Privately owned lands within the Rim of the Valley \n Corridor are critical to providing additional scenic, \n environmental, recreational, and open space values. These lands \n should be brought within public protection through the use of \n voluntary incentives, respecting at all times the legitimate \n private property values of existing property owners.\n (7) The State of California has adopted the Rim of the \n Valley Master Plan, and local governments within the Rim of the \n Valley Corridor have made significant progress toward \n protecting the unique natural and recreational resources of the \n area. However, these efforts have been hampered by a lack of \n financial resources, technical assistance, and resource \n management expertise that can be provided by the Federal \n Government.\n\nSEC. 3. STUDY OF RIM OF THE VALLEY CORRIDOR FOR ESTABLISHMENT AS UNIT \n OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA.\n\n (a) In General.--The Secretary of the Interior shall conduct a \nspecial resource study of the lands, waters, and interests of the area \ncomprising the Rim of the Valley Corridor in Southern California, as \ndepicted on the maps on file on June 15, 2001, in the office of the \nSecretary of the State of California pursuant to Division 23 of the \nCalifornia Public Resources Code (section 33000 et seq.).\n (b) Study Topics.--The study shall evaluate the national \nsignificance of the area and the suitability and feasibility of \nestablishing it as a unit of the Santa Monica Mountains National \nRecreation Area of the National Park System.\n (c) Criteria.--In conducting the study authorized by this section, \nthe Secretary shall use the criteria for the study of areas for \npotential inclusion in the National Park System contained in section 8 \nof Public Law 91-383 (16 U.S.C. 1a-5).\n (d) Consultation.--In conducting the study authorized by this \nsection, the Secretary shall regularly consult with the Rim of the \nValley Corridor and Santa Monica Mountains National Recreation Area \nAdvisory Committee established by section 4.\n\nSEC. 4. ESTABLISHMENT OF ADVISORY COMMITTEE.\n\n (a) Establishment.--There is established the Rim of the Valley \nCorridor and Santa Monica Mountains National Recreation Area Advisory \nCommittee (in this section referred to as the ``Committee'').\n (b) Recommendation of Boundaries for Expanded Recreation Area.--\n (1) In general.--The Committee shall--\n (A) advise the Secretary of the Interior regarding \n the conduct of the study under section 3; and\n (B) recommend to the Secretary of the Interior \n boundaries for a Santa Monica Mountains and Rim of the \n Valley National Recreation Area.\n (2) Boundary requirements.--The boundaries recommended by \n the Committee shall--\n (A) reflect the boundaries of the Santa Monica \n Mountains National Recreation Area, as in effect on the \n date of the enactment of this Act; and\n (B) generally include the lands, waters, and \n interests comprising the Rim of the Valley Corridor as \n depicted on the maps as on file on June 15, 2001, in \n the office of the Secretary of the State of California \n pursuant to Division 23 of the California Public \n Resources Code (section 33000 et seq.).\n (3) Submission.--The Committee shall--\n (A) submit a recommendation to the Secretary of the \n Interior under this subsection within 365 days after \n the first meeting of the Committee; and\n (B) include in the recommendation maps depicting \n the boundaries proposed for a Santa Monica Mountains \n and Rim of the Valley National Recreation Area.\n (4) Public participation.--The Committee shall provide \n opportunities for public participation in and comment on the \n recommendation of boundaries under this subsection.\n (c) Membership.--The Committee consists of 24 members appointed by \nthe Secretary of the Interior, as follows:\n (1) 17 representatives of local governments having \n jurisdiction over areas in the vicinity of the recreation area, \n of whom one shall be nominated by each of--\n (A) the mayor of the city of Los Angeles;\n (B) the board of supervisors of the county of Los \n Angeles;\n (C) the board of supervisors of the county of \n Ventura;\n (D) the city council of the city of Thousand Oaks;\n (E) the city council of the city of Agoura Hills;\n (F) the city council of the city of Westlake \n Village;\n (G) the city council of the city of Malibu;\n (H) the city council of the city of Calabasas;\n (I) the city council of the city of Burbank;\n (J) the city council of the city of Glendale;\n (K) the city council of the city of La Canada-\n Flintridge;\n (L) the city council of the city of Pasadena;\n (M) the city council of the city of Sierra Madre;\n (N) the city council of the city of South Pasadena;\n (O) the city council of the city of Santa Clarita;\n (P) the city council of the city of Moorpark; and\n (Q) the board of supervisors of Los Angeles county \n to represent the unincorporated communities within the \n jurisdiction of the East Rim of the Valley Trail \n Corridor, after consultation with the Town Council of \n Altadena and the Crescenta Valley Town Council.\n (2) The Superintendent of the Santa Monica Mountains \n National Recreation Area, or a designee of such Superintendent.\n (3) The Supervisor of the Angeles National Forest, or a \n designee of such Supervisor.\n (4) The Superintendent of the Angeles District of the State \n of California Department of Parks and Recreation, or a designee \n of such Superintendent.\n (5) The Director of the Santa Monica Mountains Conservancy, \n or a designee of such Director.\n (6) One representative of the Rancho Simi Recreation and \n Park District, nominated by the Board of Directors of such \n district.\n (7) One representative of the Conejo Recreation and Park \n District, nominated by the Board of Directors of such district.\n (8) One representative of the Pleasant Valley Recreation \n and Park District, nominated by the Board of Directors of such \n district.\n (d) Chairperson and Vice Chairperson.--The Committee shall select \nfrom among its members a chairperson and a vice chairperson.\n (e) Compensation and Expenses.--The members of the Committee shall \nserve without compensation, but shall be reimbursed by the Secretary of \nthe Interior for necessary expenses incurred in the performance of \ntheir duties.\n (f) Quorum.--13 members of the Committee shall constitute a quorum \nfor the transaction of any business.\n (g) Termination.--The Committee shall terminate upon the submittal \nby the Secretary of the special resources study under section 3 to the \nCongress.","summary":"Rim of the Valley Corridor Study Act - Directs the Secretary of the Interior to conduct a special resource study of the lands, waters, and interests of the Rim of the Valley Corridor in Southern California to evaluate its national significance and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System. Establishes the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee to: (1) advise the Secretary regarding such study. And (2) recommend to the Secretary boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area.","title":"To direct the Secretary of the Interior to conduct a special resources study to evaluate the suitability and feasibility of establishing the Rim of the Valley Corridor as a unit of the Santa Monica Mountains National Recreation Area.","text_len":10392,"sum_len":680} {"bill_id":"105_hr328","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Genetic Information Health Insurance \nNondiscrimination Act of 1997''.\n\nSEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF \n GENETIC INFORMATION.\n\n (a) Group Coverage.--\n (1) Amendments to public health service act.--\n (A) Inclusion of genetic testing.--Section \n 2702(a)(1)(F) of the Public Health Service Act (42 \n U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of \n Health Insurance Portability and Accountability Act of \n 1996, is amended by inserting ``(or a request for, or \n receipt of, genetic information or a genetic test)'' \n after ``genetic information''.\n (B) Limitation on collection and disclosure of \n genetic information.--Subpart 2 of part A of title \n XXVII of the Public Health Service Act, as amended by \n section 703(a) of Public Law 104-204, is amended by \n adding at the end the following new section:\n\n``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC \n INFORMATION.\n\n ``(a) Limitation on Collection.--A health insurance issuer may not \nrequest or require an individual to whom the issuer provides health \ninsurance coverage in connection with a group health plan (or an \nindividual who desires the issuer to provide health insurance coverage \nin connection with a group health plan ), and a group health plan may \nnot request or require a participant or beneficiary under the plan (or \nan individual who desires to become such a participant or beneficiary), \nto disclose any genetic information or to obtain any genetic test.\n ``(b) Restriction on Disclosure.--Subject to subsection (c), a \nhealth insurance issuer in connection with health insurance coverage \noffered in connection with a group health plan and a group health plan \nmay not disclose genetic information about an individual (regardless of \nhow the information was obtained) without a prior written authorization \nof the individual (or legal representative of the individual) that \nincludes--\n ``(1) a description of the information being disclosed,\n ``(2) the name of the individual or person to whom the \n disclosure is being made, and\n ``(3) the purpose of the disclosure.\nSuch authorization is required for each disclosure.\n ``(c) Exceptions to Disclosure Restriction.--Genetic information \nconcerning an individual may be disclosed by a health insurance issuer \nor group health plan if such disclosure--\n ``(1) is authorized under criminal laws relating to the \n identification of individuals, or is authorized under Federal \n or State law and is necessary for the purpose of a criminal or \n death investigation, a criminal or juvenile proceeding, an \n inquest, or a child fatality review by a multidisciplinary \n child abuse team;\n ``(2) is required under the specific order of a court;\n ``(3) is authorized under law for the purpose of \n establishing paternity;\n ``(4) is for the purpose of furnishing genetic information \n relating to a decedent to the blood relatives of the decedent \n for the purpose of medical diagnosis; or\n ``(5) is for the purpose of identifying a body.\n ``(d) Notice.--A group health plan under this part shall comply \nwith the notice requirement under section 713(d) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nof this section as if such section applied to such plan.''.\n (C) Definitions.--Section 2791(d) of the Public \n Health Service Act (42 U.S.C. 300gg-91(d)) is amended \n by adding at the end the following new paragraph:\n ``(15) Genetic information; genetic test.--(A) The term \n `genetic information' means the information about genes, gene \n products, or inherited characteristics that may derive from an \n individual or a blood-relative of the individual.\n ``(B) The term `genetic test' means a test for determining \n the presence or absence of genetic characteristics in an \n individual.''.\n (D) Conforming amendment.--Section 2723(c) of such \n Act (42 U.S.C. 300gg-23(c)), as amended by section \n 604(b)(2) of Public Law 104-204, is amended by striking \n ``section 2704'' and inserting ``sections 2704 and \n 2706''.\n (2) ERISA amendments.--\n (A) Inclusion of genetic testing.--Section \n 702(a)(1)(F) of the Employee Retirement Income Security \n Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by \n section 101(a) of Health Insurance Portability and \n Accountability Act of 1996, is amended by inserting \n ``(or a request for, or receipt of, genetic information \n or a genetic test)'' after ``genetic information''.\n (B) Limitation on collection and dislosure of \n genetic information.--Subpart B of part 7 of subtitle B \n of title I of the Employee Retirement Income Security \n Act of 1974, as amended by section 702(a) of Public Law \n 104-204, is amended by adding at the end the following \n new section:\n\n``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC \n INFORMATION.\n\n ``(a) Limitation on Collection.--A health insurance issuer may not \nrequest or require an individual to whom the issuer provides health \ninsurance coverage in connection with a group health plan (or an \nindividual who desires the issuer to provide health insurance coverage \nin connection with a group health plan ), and a group health plan may \nnot request or require a participant or beneficiary under the plan (or \nan individual who desires to become such a participant or beneficiary), \nto disclose any genetic information or to obtain any genetic test.\n ``(b) Restriction on Disclosure.--Subject to subsection (c), a \nhealth insurance issuer in connection with health insurance coverage \noffered in connection with a group health plan and a group health plan \nmay not disclose genetic information about an individual (regardless of \nhow the information was obtained) without a prior written authorization \nof the individual (or legal representative of the individual) that \nincludes--\n ``(1) a description of the information being disclosed,\n ``(2) the name of the individual or person to whom the \n disclosure is being made, and\n ``(3) the purpose of the disclosure.\nSuch authorization is required for each disclosure.\n ``(c) Exceptions to Disclosure Restriction.--Genetic information \nconcerning an individual may be disclosed by a health insurance issuer \nor group health plan if such disclosure--\n ``(1) is authorized under criminal laws relating to the \n identification of individuals, or is authorized under Federal \n or State law and is necessary for the purpose of a criminal or \n death investigation, a criminal or juvenile proceeding, an \n inquest, or a child fatality review by a multidisciplinary \n child abuse team;\n ``(2) is required under the specific order of a court;\n ``(3) is authorized under law for the purpose of \n establishing paternity;\n ``(4) is for the purpose of furnishing genetic information \n relating to a decedent to the blood relatives of the decedent \n for the purpose of medical diagnosis; or\n ``(5) is for the purpose of identifying a body.\n ``(d) Notice Under Group Health Plan.--The imposition of the \nrequirements of this section shall be treated as a material \nmodification in the terms of the plan described in section 102(a)(1), \nfor purposes of assuring notice of such requirements under the plan; \nexcept that the summary description required to be provided under the \nlast sentence of section 104(b)(1) with respect to such modification \nshall be provided by not later than 60 days after the first day of the \nfirst plan year in which such requirements apply.''.\n (C) Definitions.--Section 733(d) of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. \n 1186(d)) is amended by adding at the end the following \n new paragraph:\n ``(5) Genetic information; genetic test.--(A) The term \n `genetic information' means the information about genes, gene \n products, or inherited characteristics that may derive from an \n individual or a blood-relative of the individual.\n ``(B) The term `genetic test' means a test for determining \n the presence or absence of genetic characteristics in an \n individual.''.\n ``(2) Construction.--Section 731(a)(1) shall not be \n construed as superseding a State law described in paragraph \n (1).''.\n (D) Conforming amendments.--(i) Section 731(c) of \n such Act (29 U.S.C. 1191(c)), as amended by section \n 603(b)(1) of Public Law 104-204, is amended by striking \n ``section 711'' and inserting ``sections 711 and 713''.\n (ii) Section 732(a) of such Act (29 U.S.C. \n 1191a(a)), as amended by section 603(b)(2) of Public \n Law 104-204, is amended by striking ``section 711'' and \n inserting ``sections 711 and 713''.\n (iii) The table of contents in section 1 of such \n Act is amended by ins0erting after the item relating to \n section 712 the following new item:\n\n``Sec. 713. Limitation on collection and disclosure of genetic \n information.''.\n (3) Internal revenue code amendments.--\n (A) Genetic information.--Section 9802(a)(1)(F) of \n the Internal Revenue Code of 1986, as added by section \n 401(a) of the Health Insurance Portability and \n Accountability Act of 1996, is amended by inserting \n ``(or a request for, or receipt of, genetic information \n or a genetic test)'' after ``genetic information''.\n (B) Definitions.--Section 9805(d) of such Act is \n amended by adding at the end the following new \n paragraph:\n ``(6) Genetic information; genetic test.--(A) The term \n `genetic information' means the information about genes, gene \n products, or inherited characteristics that may derive from an \n individual or a blood-relative of the individual.\n ``(B) The term `genetic test' means a test for determining \n the presence or absence of genetic characteristics in an \n individual.''.\n (b) Individual Health Insurance.--Part B of title XXVII of the \nPublic Health Service Act, as amended by section 605(a) of Public Law \n104-204, is amended by inserting after section 2751 the following new \nsection:\n\n``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC \n INFORMATION.\n\n ``(a) In General.--The provisions of section 2706 (other than \nsubsection (d)) shall apply to health insurance coverage offered by a \nhealth insurance issuer in the individual market in the same manner as \nit applies to health insurance coverage offered by a health insurance \nissuer in connection with a group health plan in the small or large \ngroup market.\n ``(b) Notice.--A health insurance issuer under this part shall \ncomply with the notice requirement under section 713(d) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nreferred to in subsection (a) as if such section applied to such issuer \nand such issuer were a group health plan.''.\n (c) Effective Dates.--(1) The amendments made by subsection (a) \nshall apply with respect to group health plans for plan years beginning \non or after January 1, 1998.\n (2) The amendment made by subsection (b) shall apply with respect \nto health insurance coverage offered, sold, issued, renewed, in effect, \nor operated in the individual market on or after such date.","summary":"Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage.","title":"Genetic Information Health Insurance Nondiscrimination Act of 1997","text_len":12560,"sum_len":760} {"bill_id":"114_s2958","text":"SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW \n FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) Program Authorized.--\n (1) In general.--The Secretary of Veterans Affairs may \n carry out a program under which the Secretary may enter into \n not more than five partnership agreements with entities \n described in paragraph (2) to conduct one or more--\n (A) super construction projects (as defined in \n section 8103(e)(3) of title 38, United States Code);\n (B) major medical facility projects (as defined in \n section 8104(a)(3) of title 38, United States Code); or\n (C) major construction projects to construct new \n cemeteries or to develop additional gravesites or \n columbarium niches at existing cemeteries.\n (2) Entities described.--Entities described in this \n paragraph are the following:\n (A) A State or local authority.\n (B) An organization that is described in section \n 501(c)(3) of the Internal Revenue Code of 1986 and is \n exempt from taxation under section 501(a) of such Code.\n (C) A limited liability corporation.\n (D) A private entity.\n (E) A donor or donor group.\n (F) Any other non-Federal Government entity.\n (b) Application of Certain Laws.--The authority under this section \nmay be carried out notwithstanding any other provision of law \n(including section 8103(e) of title 38, United States Code), except \nfor--\n (1) Federal laws relating to environmental and historic \n preservation; and\n (2) subchapter IV of chapter 31 of title 40, United States \n Code (commonly referred to as the ``Davis-Bacon Act'').\n (c) Selection of Projects.--\n (1) In general.--Except as provided in paragraph (2), the \n projects that the Secretary may select for the program are \n projects for which--\n (A)(i) Congress has appropriated partial funding \n for the project; or\n (ii) The Department of Veterans Affairs has \n identified a need for the project through its long-\n range capital planning process by listing the project \n on the Major Construction Strategic Capital Investment \n Planning priority list included in the budget submitted \n to Congress by the President pursuant to section \n 1105(a) of title 31, United States Code; and\n (B) an entity described in subsection (a)(2) has \n entered into or is willing to enter into a formal \n agreement with the Secretary to independently finance \n or donate amounts for the project, in an amount \n acceptable and at no additional cost to the Federal \n Government.\n (2) Selected construction project.--\n (A) In general.--One of the five partnership \n agreements that the Secretary is authorized to enter \n into under subsection (a) is a partnership agreement to \n conduct a project to design, finance, and construct a \n new ambulatory care center in Omaha, Nebraska.\n (B) Space and parking.--The project described in \n subparagraph (A) shall include space and parking as \n determined necessary by the Secretary.\n (C) Contribution of funds.--The Secretary may \n contribute funds for the project described in \n subparagraph (A) in an amount not to exceed \n $56,000,000, and in no event shall the contribution or \n liability of the Secretary exceed such amount except to \n the extent that additional funds are appropriated for \n the project.\n (d) Requirements of Entities.--\n (1) Agreements.--Each partnership agreement entered into \n under subsection (a) with an entity described in paragraph (2) \n of that subsection for the conduct of a project under this \n section shall provide for the following:\n (A) The entity shall conduct any necessary \n environmental and historic preservation due diligence, \n comply with local zoning requirements (except for \n studies and consultations required of the Department \n under Federal law), and obtain any permits required \n before beginning construction in connection with the \n project.\n (B) The entity shall use construction standards \n required of the Department when designing and building \n the project, except to the extent the Secretary \n determines otherwise.\n (C) The entity shall establish a Board of Directors \n described in paragraph (2) to oversee the conduct of \n the project (in this section referred to as the \n ``Board'').\n (2) Board of directors.--\n (A) Composition.--\n (i) In general.--The Board shall be \n comprised of not fewer than 5 and not more than \n 10 members as follows:\n (I) Not fewer than one member shall \n be a veteran who is not an employee of \n the Department.\n (II) Not fewer than one member \n shall be an employee of the Department \n and function as a nonvoting member of \n the Board.\n (ii) Chair.--The Board shall designate a \n Chair from among the members of the Board to \n oversee the activities of the Board.\n (iii) Conflicts.--All current or proposed \n members of the Board shall promptly disclose \n any actual or potential conflicts to the \n Secretary and must agree as a condition of \n their appointment to the Board to remove \n themselves from membership on the Board if the \n Chair and Secretary jointly agree that doing so \n is appropriate due to an actual or potential \n conflict.\n (B) Charter.--Not later than 180 days after \n inception, or such other timeframe as the Secretary may \n approve, the Board shall establish a written charter to \n describe the roles, responsibilities, policies, and \n procedures of operation of the Board to ensure \n successful project management, design, and \n construction, and completion of the designated project.\n (C) Duties.--\n (i) In general.--The Board shall be \n responsible for overseeing the activities \n needed to finance, design, and construct the \n designated project for the Department.\n (ii) Updates.--The Board shall submit to \n the Secretary written updates regarding the \n status of the designated project at such time \n and in such manner as the Secretary shall \n specify.\n (D) Defense to department.--The Board shall defer \n to the Secretary on all matters that are inherent to \n the mission and operations of the Department, including \n conditional or final acceptance of the designated \n project.\n (E) Dissolution.--The Board may not dissolve until \n after the Secretary has provided final acceptance of \n the completion of the designated project to the Board, \n plus such additional time or contingencies as the Board \n and the Secretary may jointly approve.\n (e) Project Funds.--\n (1) From department.--\n (A) In general.--Except as provided in subsection \n (c)(2), and except to the extent that additional funds \n are appropriated for a project, the Secretary may \n provide funds to help finance, design, and construct \n the project in an amount not to exceed the total amount \n appropriated for the project at the time of the \n partnership agreement under subsection (a) between the \n Department and the entity described in subsection \n (a)(2) that is conducting the project.\n (B) Terms and conditions.--The Secretary shall \n provide funds pursuant to subparagraph (A) under such \n terms, conditions, and schedule as the Secretary \n determines appropriate.\n (2) From entity.--The entity described in subsection (a)(2) \n that is conducting the project shall be required to contribute \n all funds in addition to the funds provided under paragraph (1) \n that are needed to complete the project.\n (f) Application.--To be eligible to participate in the program \nunder this section, entities described in subsection (a)(2) shall \nsubmit to the Secretary an application to address needs relating to \nfacilities of the Department, including health care needs, identified \nin the Construction and Long-Range Capital Plan of the Department, at \nsuch time, in such manner, and containing such information as the \nSecretary may require, including the following:\n (1) The name, resume, and description of the experience of \n the project manager for each project that the entity is \n proposing to pursue with the Secretary under the program.\n (2) A description of the proposed monetary and non-monetary \n contributions of the entity for the project, and how future \n funding will be secured.\n (3) A description of the process the entity would use to \n select a third-party contractor or developer, as applicable, to \n perform the work necessary to complete the project.\n (4) A description of the Board and project management plan \n that the entity will use, to ensure concise and consistent \n communication between all parties involved in the project.\n (5) A description of the procedures that the entity will \n use to review, monitor, and process change orders when \n received, including how input and feedback by the Department \n will be incorporated, particularly for issues that would affect \n the time or cost of the project.\n (6) A detailed estimate of the costs to complete the \n project.\n (7) A description of the estimated timeline for completion \n of the project and milestones associated with the activities \n needed to finance, design, and construct the project.\n (8) An agreement to obtain an independent annual financial \n audit of all activities and costs relating to the project in \n accordance with generally accepted accounting principles.\n (9) Such other information as the Secretary may require.\n (g) Annual Report on Projects.--\n (1) In general.--The Secretary shall include in the budget \n submitted to Congress by the President pursuant to section \n 1105(a) of title 31, United States Code, information regarding \n any projects conducted under this section during the year \n preceding the submittal of the budget.\n (2) Elements.--Each report submitted under paragraph (1) \n shall provide a detailed status of projects conducted under \n this section, including the percentage completion of the \n project.\n (h) Comptroller General Report.--The Comptroller General of the \nUnited States shall submit to Congress a biennial report on the \npartnership agreements entered into under the program under this \nsection.\n (i) Rule of Construction.--Nothing in this section shall be \nconstrued as a limitation on the authority of the Secretary to enter \ninto other agreements that are authorized by law and not inconsistent \nwith this section.","summary":"This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct: super construction projects, major medical facility projects. Or major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. Each partnership agreement shall require the partner entity to: conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction. Use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise. And establish a Board of Directors to oversee the project. The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year.","title":"A bill to establish a pilot program on partnership agreements to construct new facilities for the Department of Veterans Affairs.","text_len":12879,"sum_len":1823} {"bill_id":"105_hr189","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Chemical and \nBiological Warfare Agent Exposure Act''.\n\nSEC. 2. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``Commission on Chemical and Biological Warfare Agent Exposure'' \n(in this Act referred to as the ``Commission'').\n (b) Composition.--The Commission shall be composed of 9 members (in \nthis Act referred to as the ``members'') who shall be appointed as \nfollows:\n (1) 3 members shall be appointed by the President.\n (2) 2 members shall be appointed by the Speaker of the \n House of Representatives.\n (3) 1 member shall be appointed by the minority leader of \n the House of Representatives.\n (4) 2 members shall be appointed by the President pro \n tempore of the Senate.\n (5) 1 member shall be appointed by the minority leader of \n the Senate.\n (c) Qualifications.--\n (1) In general.--Members shall be appointed from among \n individuals with knowledge and expertise relevant to the duties \n of the Commission, and may not be officers or employees of the \n United States.\n (2) Exception.--A member who, when appointed to the \n Commission, was not an officer or employee of the United \n States, and who later becomes such an officer or employee may \n continue as a member for not longer than the 30-day period \n beginning on the date that the member becomes such an officer \n or employee.\n (d) Initial Appointments.--All initial appointments to the \nCommission shall be made not later than 90 days after the date of the \nenactment of this Act.\n (e) Chairman.--The Chairman of the Commission (in this Act referred \nto as the ``Chairman'') shall be elected by the members.\n (f) Period of Appointment.--Each member shall be appointed for the \nlife of the Commission.\n (g) Security Clearances.--All members of the Commission shall apply \nfor appropriate security clearances. The Secretary of Defense shall \nprovide expedited processing of security clearances of members.\n (h) Initial Meeting.--The Commission shall convene its first \nmeeting not later than 30 days after the date as of which all initial \nappointments to the Commission have been made.\n\nSEC. 3. INVESTIGATION.\n\n The Commission shall investigate the following:\n (1) The presence of chemical and biological warfare agents \n in the Persian Gulf theater during the Persian Gulf conflict, \n the amounts and locations of the agents present, and the \nproximity of members of the Armed Forces to such locations.\n (2) The location and nature of all releases, detections, or \n reports of chemical or biological warfare agents in connection \n with the Persian Gulf conflict, the identity of the units of \n the Armed Forces and the number of individuals potentially \n exposed to the agents, and the degree of exposure to the \n agents.\n (3) The level of preparedness of members of the Armed \n Forces to recognize and respond to possible exposure to \n chemical and biological warfare agents during the Persian Gulf \n conflict, the appropriateness of standards used by the Armed \n Forces to evaluate low levels of exposure to the agents, the \n adequacy of medical training and procedures of the Armed Forces \n for identifying and treating exposure to the agents, the \n adequacy of information provided to members of the Armed Forces \n on the possible presence or release of the agents, and the \n appropriateness of instructions and procedures followed to \n protect members of the Armed Forces from exposure to the \n agents.\n (4) The handling by the Department of Defense of reports on \n the use, presence, destruction, storage, and transportation of \n chemical and biological weapons in connection with the Persian \n Gulf conflict.\n (5) The adequacy of the recordkeeping and reporting \n procedures of the Department of Defense with respect to \n exposure to chemical and biological warfare agents.\n (6) The adequacy of Department of Defense training, \n preparation, detection, and safety procedures concerning \n chemical and biological warfare agents.\n\nSEC. 4. REPORT.\n\n Not later than 2 years after the first meeting of the Commission, \nthe Commission shall submit to the President and the Congress a report \ncontaining--\n (1) the results and findings of the investigation conducted \n under section 3; and\n (2) recommendations for such changes as the Commission \n considers appropriate, in the recordkeeping, reporting, \n preparation, and training procedures of the Department of \n Defense with respect to exposure to chemical and biological \n warfare agents, to improve the safety and readiness of members \n of the Armed Forces.\n\nSEC. 5. POWERS.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold such hearings, sit and act at such times \nand places, take such testimony, and receive such evidence as the \nCommission considers appropriate. The Commission may administer oaths \nto witnesses appearing before it.\n (b) Obtaining Information.--The Commission may secure directly from \nany department or agency of the United States information necessary to \nenable it to carry out this Act. Upon request of the Chairman, the head \nof that department or agency shall furnish that information to the \nCommission in a full and timely manner.\n (c) Subpoena Power.--\n (1) In general.--The Commission may issue a subpoena to \n require the attendance and testimony of witnesses and the \n production of evidence relating to any matter under \n investigation by the Commission.\n (2) Failure to obey an order or subpoena.--If a person \n refuses to obey an order or subpoena of the Commission that is \n issued in connection with a Commission proceeding, the \n Commission may apply to the United States district court in the \n judicial district in which the proceeding is held for an order \nrequiring the person to comply with the subpoena or order.\n (d) Immunity.--The Commission is an agency of the United States for \npurposes of part V of title 18, United States Code (relating to \nimmunity of witnesses).\n (e) Contract Authority.--The Commission may contract with and \ncompensate government and private agencies or persons for services \nwithout regard to section 3709 of the Revised Statutes (41 U.S.C. 5).\n\nSEC. 6. COMMISSION PROCEDURES.\n\n (a) Meetings.--The Commission shall meet at the call of the \nChairman.\n (b) Quorum.--5 members of the Commission shall constitute a quorum \nbut a lesser number may hold hearings.\n (c) Delegation of Authority.--Any member or agent of the Commission \nmay, if authorized by the Commission, take any action which the \nCommission is authorized to take by this Act.\n\nSEC. 7. PERSONNEL MATTERS.\n\n (a) Pay of Members.--Members shall not be paid by reason of their \nservice as members.\n (b) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n (c) Director.--The Commission shall have a Director who shall be \nappointed by the Chairman.\n (d) Staff.--With the approval of the Commission and as the Director \nconsiders appropriate, the Director may--\n (1) appoint trained investigators and other Commission \n personnel; and\n (2) fix the pay of such trained investigators and other \n Commission personnel.\n (e) Applicability of Certain Civil Service Laws.--The Director and \nstaff of the Commission shall be appointed subject to the provisions of \ntitle 5, United States Code, governing appointments in the competitive \nservice, and shall be paid in accordance with the provisions of chapter \n51 and subchapter III of chapter 53 of that title relating to \nclassification and General Schedule pay rates.\n\nSEC. 8. OTHER ADMINISTRATIVE PROVISIONS.\n\n (a) Postal and Printing Services.--The Commission may use the \nUnited States mails and obtain printing and binding services in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (b) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its duties under \nthis Act.\n (c) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n\nSEC. 9. BUDGET ACT COMPLIANCE.\n\n Any spending authority (as defined in subparagraphs (A) and (C) of \nsection 401(c)(2) of the Congressional Budget Act of 1974) authorized \nby this Act shall be effective only to such extent and in such amounts \nas are provided in advance in appropriations Acts.\n\nSEC. 10. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 60 days after submitting its report \npursuant to section 4.","summary":"Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and US military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of US military personnel. Terminates the Commission 60 days after such report.","title":"Commission on Chemical and Biological Warfare Agent Exposure Act","text_len":9467,"sum_len":695} {"bill_id":"113_hr4388","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Indian Trust Responsibility \nReview Act of 2014''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n Congress finds as follows:\n (1) The Final Report of the American Indian Policy Review \n Committee, published in 1977, made a number of recommendations \n regarding the United States administration of its trust \n relationship with federally recognized Indian tribes and their \n members, many of which have not been implemented.\n (2) There has been no general, comprehensive review of the \n United States trust relationship with federally recognized \n Indian tribes since the publication of the Final Report of the \n American Indian Policy Review Committee.\n (3) The trust relationship has evolved over time and there \n is a clear need to re-examine the administration of the United \n States constitutional trust responsibility.\n (4) The duties administered by Federal agencies charged \n with protecting federally recognized Indian tribal trust \n resources and providing services often conflict with other \n duties discharged by the same or separate Federal agencies and \n departments and it is the beneficiaries of the trust \n relationship that suffer as a result.\n (5) In carrying out its trust responsibilities to federally \n recognized Indian tribes and their members, it is crucial that \n Congress have the benefit of a review of the United States \n trust relationship with federally recognized Indian tribes to \n improve its ability to exercise oversight over the Executive \n Branch, pursue policies to empower tribal self-determination, \n and better administer the trust relationship.\n\nSEC. 3. DECLARATION.\n\n Congress declares that it is timely and essential to conduct a \nreview of the current state of the United States unique trust \nrelationship with federally recognized Indian tribes and their members \nin order to better administer constitutional trust responsibilities and \nmake necessary revisions in relevant trust statutes, regulations, and \npolicies for the benefit of American Indian people.\n\nSEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION.\n\n (a) Establishment.--In order to carry out the purposes of this Act, \nthere is hereby established the American Indian Trust Review \nCommission, hereinafter referred to as the ``Commission''.\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 12 \n members, of whom--\n (A) 4 shall be appointed by the President, in \n consultation with the Secretary of the Interior;\n (B) 3 shall be appointed by the Speaker of the \n House of Representatives, in consultation with the \n Chairman of the Committee on Natural Resources of the \n House of Representatives;\n (C) 1 shall be appointed by the Minority Leader of \n the House of Representatives, in consultation with the \n Ranking Member of the Committee on Natural Resources of \n the House of Representatives;\n (D) 3 shall be appointed by the Majority Leader of \n the Senate, in consultation with the Chairman of the \n Committee on Indian Affairs; and\n (E) 1 shall be appointed by the Minority Leader of \n the Senate, in consultation with the Vice Chairman of \n the Committee on Indian Affairs.\n (2) Diversity of qualifications.--In making appointments to \n the Commission, every effort shall be made to select \n individuals whose qualifications are not already represented by \n other members of the Commission.\n (3) Term.--Each member shall be appointed for the life of \n the Commission.\n (4) Time for initial appointments.--The appointment of the \n members of the Commission shall be made no later than 60 days \n after the date of enactment of this Act.\n (c) Commission Organization.--At its organizational meeting, the \nmembers of the Commission appointed pursuant to subsection (b)(1) of \nthis section shall elect from their members, a Chairman and Vice \nChairman immediately thereafter.\n (d) Vacancies.--Vacancies in the membership of the Commission shall \nnot affect the power of the remaining members to execute the functions \nof the Commission and shall be filled in the same manner as in the case \nof the original appointment of the member whose seat is vacated.\n (e) Quorum.--Eight members of the Commission shall constitute a \nquorum, but a smaller number, as determined by the Commission, may \nconduct hearings.\n\nSEC. 5. DUTIES OF THE COMMISSION.\n\n (a) Investigation; Study.--The Commission shall conduct a \ncomprehensive review of the unique trust relationship between the \nUnited States and federally recognized Indian tribes. The study shall \ninclude--\n (1) a study and analysis of the Constitution, and relevant \n treaties, compacts, statutes, judicial interpretations, and \n Executive Orders to determine the attributes of the unique \n trust relationship between the Federal Government, and \n federally recognized Indian tribes;\n (2) a review of the policies, practices, and structure of \n the Federal agencies charged with protecting Indian tribal \n trust resources and providing services to Indians;\n (3) a management study of the Bureau of Indian Affairs and \n its ability to discharge its trust responsibilities without \n conflicting with the duties of other Federal agencies and \n departments;\n (4) a review of relevant statutes, regulations, and \n policies to determine the feasibility of authorizing Indian \n tribes, in their discretion, to assume some or all of the \n functions, programs, services, and activities now currently \n undertaken and provided by the Federal Government;\n (5) a compilation, collection, and analysis of data \n necessary to understand the extent of the needs of federally \n recognized Indian tribes, including the adequacy of educational \n systems, health care, public safety, and infrastructure;\n (6) the feasibility of creating high-level positions within \n the Executive Branch to provide federally recognized Indian \n tribes with maximum participation in policy formation and \n program development, and the viability of a mechanism to ensure \n the continuation of critical programs for federally recognized \n Indian tribes;\n (7) an examination of the appropriate role of State and \n local governments involvement in actions that permit government \n and public input and the degree to which the Federal Government \n can adequately balance those interests without conflicting with \n its trust responsibilities towards federally recognized Indian \n tribes; and\n (8) the recommendations modifying existing laws, \n procedures, regulations, policies, and practices as will, in \n the judgment of the Commission, best serve to carry out the \n policy and declarations of the purposes of the Commission.\n (b) Hearings.--\n (1) In general.--The Commission shall hold hearings, meet, \n act, take testimony, and receive evidence as the Commission \n considers to be advisable to carry out the duties of the \n Commission under this Act.\n (2) Public requirement.--The hearings of the Commission \n shall be open to the public and held in geographically diverse \n locations.\n (3) Preference.--When considering hearing witnesses, the \n Commission shall exercise a preference to invite elected \n officials from a federally recognized Indian tribe before \n seeking participation from any tribal organization.\n\nSEC. 6. POWERS OF THE COMMISSION.\n\n (a) Commission Rules.--The Commission may make rules respecting its \norganization and procedures, as it deems necessary, except that no \nrecommendations shall be reported from the Commission unless a majority \nof the Commission assents.\n (b) Information From Federal, Tribal, State, and Local Agencies.--\n (1) In general.--The Commission may secure directly from a \n Federal agency such information as the Commission considers to \n be necessary to carry out this Act.\n (2) Tribal, state, and local agencies.--The Commission may \n request the head of any agency of a federally recognized Indian \n tribe, State, or unit of local government to provide the \n Commission with such information as the Commission considers \n necessary to carry out this Act.\n\nSEC. 7. COMMISSION PERSONNEL.\n\n (a) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (b) Staff.--\n (1) In general.--The Chairperson of the Commission, in \n consultation with the Vice Chairman of the Commission, may--\n (A) without regard to the civil service laws and \n regulations, appoint and terminate an executive \n director and such other additional personnel as may be \n necessary to enable the Commission to perform its \n duties; and\n (B) fix the compensation of the executive director \n and other personnel without regard to chapter 51 and \n subchapter III of chapter 53 of title 5, United States \n Code, relating to classification of positions and \n General Schedule pay rates, except that the rate of pay \n for the executive director and other personnel may not \n exceed the rate payable for level V of the Executive \n Schedule under section 5316 of such title.\n (2) Executive director subject to confirmation.--The \n employment of an executive director shall be subject to \n confirmation by the Commission by a majority of Commission \n members voting.\n (c) Detail of Government Employees.--At the request of the \nCommission, and in the discretion of the relevant agency, any Federal \nGovernment employee may be detailed to the Commission without \nreimbursement, and such detail shall be without interruption or loss of \ncivil service status or privilege.\n (d) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals that do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 8. REPORT OF THE COMMISSION.\n\n (a) In General.--Not later than 2 years after the date of enactment \nof this Act, the Commission shall submit to the President and Congress \na report that contains--\n (1) a detailed statement of findings and conclusions of the \n Commission; and\n (2) the recommendations of the Commission for such \n legislative and administrative actions as the Commission \n considers appropriate.\n (b) Extension.--The President may grant an extension to allow the \nreport required under subsection (a) to be submitted not later than 3 \nyears after the date of the enactment of this Act.\n (c) Online Access.--The Commission shall make the report required \nby paragraph (1) publically available on the website of the Department \nof the Interior.\n\nSEC. 9. NONAPPPLICABILITY OF THE FACA.\n\n The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not \napply to the Commission.\n\nSEC. 10. TERMINATION OF THE COMMISSION.\n\n The Commission shall terminate 30 days after the Commission submits \nits report under section 8.","summary":"American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment. Requires the study to analyze: the attributes of that relationship. The policies, practices, structure, and effectiveness of the federal agencies that have trust responsibilities toward Indian tribes. The feasibility of authorizing willing Indian tribes to assume duties currently performed by the federal government. The data necessary for the Commission to get a better understanding of tribal needs. The feasibility of creating high-level federal positions to increase tribal participation in policy formation and program development. The viability of a mechanism to ensure the continuation of critical programs for Indian tribes. The appropriate role of state and local governments in federal activities affecting Indian tribes. And modifications to laws, procedures, regulations, policies, and practices that might further the federal government's trust relationship with Indian tribes.","title":"American Indian Trust Responsibility Review Act of 2014","text_len":12455,"sum_len":1212} {"bill_id":"105_hr1145","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home-Based Business Fairness Act of \n1997''.\n\nSEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED \n INDIVIDUALS INCREASED.\n\n (a) In General.--Section 162(l)(1) of the Internal Revenue Code of \n1986 (relating to special rules for health insurance costs of self-\nemployed individuals) is amended to read as follows:\n ``(1) Allowance of deduction.--In the case of an individual \n who is an employee within the meaning of section 401(c)(1), \n there shall be allowed as a deduction under this section an \n amount equal to the amount paid during the taxable year for \n insurance which constitutes medical care for the taxpayer, the \n taxpayer's spouse, and dependents.''\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 1996.\n\nSEC. 3. CLARIFICATION OF DEFINITION OF PRINCIPAL PLACE OF BUSINESS.\n\n (a) In General.--Subsection (f) of section 280A of the Internal \nRevenue Code of 1986 (relating to definitions and special rules) is \namended by redesignating paragraphs (2), (3), and (4) as paragraphs \n(3), (4), and (5), respectively, and by inserting after paragraph (1) \nthe following new paragraph:\n ``(2) Principal place of business.--For purposes of \n subsection (c), a home office shall in any case qualify as the \n principal place of business if--\n ``(A) the office is the location where the \n taxpayer's essential administrative or management \n activities are conducted on a regular and systematic \n (and not incidental) basis by the taxpayer, and\n ``(B) the office is necessary because the taxpayer \n has no other location for the performance of the \n essential administrative or management activities of \n the business.''\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 1996.\n\nSEC. 4. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT \n EMPLOYEES.\n\n (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 \n(relating to general provisions relating to employment taxes) is \namended by adding after section 3510 the following new section:\n\n``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE \n NOT EMPLOYEES.\n\n ``(a) Safe Harbor.--\n ``(1) In general.--For purposes of this title, if the \n requirements of subsections (b), (c), and (d), or the \n requirements of subsections (d) and (e), are met with respect \n to any service performed by any individual, then with respect \n to such service--\n ``(A) the service provider shall not be treated as \n an employee,\n ``(B) the service recipient shall not be treated as \n an employer,\n ``(C) the payor shall not be treated as an \n employer, and\n ``(D) compensation paid or received for such \n service shall not be treated as paid or received with \n respect to employment.\n ``(2) Availability of safe harbor not to limit application \n of other laws.--Nothing in this section shall be construed--\n ``(A) as limiting the ability of a service \n provider, service recipient, or payor to apply other \n applicable provisions of this title, section 530 of the \n Revenue Act of 1978, or the common law in determining \n whether an individual is not an employee, or\n ``(B) as a prerequisite for the application of any \n provision of law described in subparagraph (A).\n ``(b) Service Provider Requirements With Regard to the Service \nRecipient.--For purposes of subsection (a), the requirements of this \nsubsection are met if the service provider, in connection with \nperforming the service--\n ``(1) has the ability to realize a profit or loss,\n ``(2) incurs unreimbursed expenses which are ordinary and \n necessary to the service provider's industry and which \n represent an amount at least equal to 2 percent of the service \n provider's adjusted gross income attributable to services \n performed pursuant to 1 or more contracts described in \n subsection (d), and\n ``(3) agrees to perform services for a particular amount of \n time or to complete a specific result or task.\n ``(c) Additional Service Provider Requirements With Regard to \nOthers.--For the purposes of subsection (a), the requirements of this \nsubsection are met if the service provider--\n ``(1) has a principal place of business,\n ``(2) does not primarily provide the service at a single \n service recipient's facilities,\n ``(3) pays a fair market rent for use of the service \n recipient's facilities, or\n ``(4) operates primarily with equipment not supplied by the \n service recipient.\n ``(d) Written Document Requirements.--For purposes of subsection \n(a), the requirements of this subsection are met if the services \nperformed by the service provider are performed pursuant to a written \ncontract between such service provider and the service recipient, or \nthe payor, and such contract provides that the service provider will \nnot be treated as an employee with respect to such services for Federal \ntax purposes.\n ``(e) Business Structure and Benefits Requirement.--For purposes of \nsubsection (a), the requirements of this subsection are met if the \nservice provider--\n ``(1) conducts business as a properly constituted \n corporation or limited liability company under applicable State \n laws, and\n ``(2) does not receive from the service recipient or payor \n benefits that are provided to employees of the service \n recipient.\n ``(f) Special Rules.--For purposes of this section--\n ``(1) Failure to meet reporting requirements.--If for any \n taxable year any service recipient or payor fails to meet the \n applicable reporting requirements of section 6041(a) or \n 6041A(a) with respect to a service provider, then, unless the \n failure is due to reasonable cause and not willful neglect, the \n safe harbor provided by this section for determining whether \n individuals are not employees shall not apply to such service \n recipient or payor with respect to that service provider.\n ``(2) Burden of proof.--For purposes of subsection (a), \n if--\n ``(A) a service provider, service recipient, or \n payor establishes a prima facie case that it was \n reasonable not to treat a service provider as an \n employee for purposes of this section, and\n ``(B) the service provider, service recipient, or \n payor has fully cooperated with reasonable requests \n from the Secretary or his delegate,\n then the burden of proof with respect to such treatment shall \n be on the Secretary.\n ``(3) Related entities.--If the service provider is \n performing services through an entity owned in whole or in part \n by such service provider, the references to `service provider' \n in subsections (b) through (e) may include such entity, \n provided that the written contract referred to in subsection \n (d) is with such entity.\n ``(g) Determinations by the Secretary.--For purposes of this \ntitle--\n ``(1) In general.--\n ``(A) Determinations with respect to a service \n recipient or a payor.--A determination by the Secretary \n that a service recipient or a payor should have treated \n a service provider as an employee shall be effective no \n earlier than the notice date if--\n ``(i) the service recipient or the payor \n entered into a written contract satisfying the \n requirements of subsection (d),\n ``(ii) the service recipient or the payor \n satisfied the applicable reporting requirements \n of section 6041(a) or 6041A(a) for all taxable \n years covered by the agreement described in \n clause (i), and\n ``(iii) the service recipient or the payor \n demonstrates a reasonable basis for determining \n that the service provider is not an employee \n and that such determination was made in good \n faith.\n ``(B) Determinations with respect to a service \n provider.--A determination by the Secretary that a \n service provider should have been treated as an \n employee shall be effective no earlier than the notice \n date if--\n ``(i) the service provider entered into a \n contract satisfying the requirements of \n subsection (d),\n ``(ii) the service provider satisfied the \n applicable reporting requirements of sections \n 6012(a) and 6017 for all taxable years covered \n by the agreement described in clause (i), and\n ``(iii) the service provider demonstrates a \n reasonable basis for determining that the \n service provider is not an employee and that \n such determination was made in good faith.\n ``(C) Reasonable cause exception.--The requirements \n of subparagraph (A)(ii) or (B)(ii) shall be treated as \n being met if the failure to satisfy the applicable \n reporting requirements is due to reasonable cause and \n not willful neglect.\n ``(2) Construction.--Nothing in this subsection shall be \n construed as limiting any provision of law that provides an \n opportunity for administrative or judicial review of a \n determination by the Secretary.\n ``(3) Notice date.--For purposes of this subsection, the \n notice date is the 30th day after the earlier of--\n ``(A) the date on which the first letter of \n proposed deficiency that allows the service provider, \n the service recipient, or the payor an opportunity for \n administrative review in the Internal Revenue Service \n Office of Appeals is sent, or\n ``(B) the date on which the deficiency notice under \n section 6212 is sent.\n ``(h) Definitions.--For the purposes of this section--\n ``(1) Service provider.--The term `service provider' means \n any individual who performs a service for another person.\n ``(2) Service recipient.--Except as provided in paragraph \n (4), the term `service recipient' means the person for whom the \n service provider performs such service.\n ``(3) Payor.--Except as provided in paragraph (4), the term \n `payor' means the person who pays the service provider for the \n performance of such service in the event that the service \n recipient does not pay the service provider.\n ``(4) Exceptions.--The terms `service recipient' and \n `payor' do not include any entity in which the service provider \n owns in excess of 5 percent of--\n ``(A) in the case of a corporation, the total \n combined voting power of stock in the corporation, or\n ``(B) in the case of an entity other than a \n corporation, the profits or beneficial interests in the \n entity.\n ``(5) In connection with performing the service.--The term \n `in connection with performing the service' means in connection \n or related to the operation of the service provider's trade or \n business.\n ``(6) Principal place of business.--For purposes of \n subsection (c), a home office shall in any case qualify as the \n principal place of business if--\n ``(A) the office is the location where the service \n provider's essential administrative or management \n activities are conducted on a regular and systematic \n (and not incidental) basis by the service provider, and\n ``(B) the office is necessary because the service \n provider has no other location for the performance of \n the essential administrative or management activities \n of the business.\n ``(7) Fair market rent.--The term `fair market rent' means \n a periodic, fixed minimum rental fee which is based on the fair \n rental value of the facilities and is established pursuant to a \n written agreement with terms similar to those offered to \n unrelated persons for facilities of similar type and quality.''\n (b) Clarification of Rules Regarding Evidence of Control.--For \npurposes of determining whether an individual is an employee under the \nInternal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with \nstatutory or regulatory standards shall not be treated as evidence of \ncontrol.\n (c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section \n530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax \nReform Act of 1986) is repealed.\n (d) Clerical Amendment.--The table of sections for chapter 25 of \nsuch Code is amended by adding at the end the following new item:\n\n ``Sec. 3511. Safe harbor for determining \n that certain individuals are \n not employees.''\n (e) Effective Dates.--\n (1) In general.--The amendments made by, and the provisions \n of, this section shall apply to services performed after the \n date of enactment of this Act.\n (2) Determinations by secretary.--Section 3511(g) of the \n Internal Revenue Code of 1986 (as added by subsection (a)) \n shall apply to determinations after the date of enactment of \n this Act.\n (3) Section 530(d).--The amendment made by subsection (c) \n shall apply to periods ending after the date of enactment of \n this Act.","summary":"Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis. And (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement. (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient. And (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers a provider as not an employee if: (1) there is such a written contract. And (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.","title":"Home-Based Business Fairness Act of 1997","text_len":15050,"sum_len":1789} {"bill_id":"110_s1987","text":"SECTION 1. TAX-EXEMPT FINANCING OF ALTERNATIVE MOTOR VEHICLE \n FACILITIES.\n\n (a) In General.--Subsection (a) of section 142 of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``or'' at the end of paragraph (14),\n (2) by striking the period at the end of paragraph (15) and \n inserting ``, or'', and\n (3) by inserting at the end the following new paragraph:\n ``(16) alternative motor vehicle facility.''.\n (b) Definition.--Section 142 of the Internal Revenue Code of 1986 \nis amended by inserting at the end the following new subsection:\n ``(n) Alternative Motor Vehicle Facility.--\n ``(1) In general.--For purposes of subsection (a)(16), the \n term `alternative motor vehicle facility' means an automobile \n development and production facility which was built before 1981 \n and which through financing by the net proceeds of the issue is \n retrofitted or reconstructed to make such facility compatible \n for the development and production of qualified alternative \n motor vehicles or of qualified alternative motor vehicles and \n component parts for such vehicles.\n ``(2) Qualified alternative motor vehicles.--For purposes \n of paragraph (1), the term `qualified alternative motor \n vehicle' means any vehicle described in section 30B or 30D.\n ``(3) National limitation on amount of bonds.--\n ``(A) National limitation.--The aggregate amount \n allocated by the Secretary under subparagraph (C) shall \n not exceed $12,000,000,000, of which not more than \n $4,000,000,000 may be allocated to any single taxpayer \n (determined under rules similar to the rules in \n paragraphs (6), (7), and (8) of section 179(d)).\n ``(B) Enforcement of national limitation.--An issue \n shall not be treated as an issue described in \n subsection (a)(16) if the aggregate face amount of \n bonds issued pursuant to such issue for any alternative \n motor vehicle facility (when added to the aggregate \n face amount of bonds previously so issued for such \n facility) exceeds the amount allocated to such facility \n under subparagraph (C).\n ``(C) Allocation by secretary.--The Secretary shall \n allocate the amount described in subparagraph (A) among \n State or local governments to finance alternative motor \n vehicle facilities located within the jurisdictions of \n such governments in such manner as the Secretary \n determines appropriate.\n ``(4) Special rules relating to expenditures.--\n ``(A) In general.--An issue shall not be treated as \n an issue described in subsection (a)(16) unless at \n least 95 percent of the proceeds from the sale of the \n issue are to be spent for 1 or more facilities within \n the 5-year period beginning on the date of issuance.\n ``(B) Extension of period.--Upon submission of a \n request prior to the expiration of the period described \n in subparagraph (A)(i), the Secretary may extend such \n period if the issuer establishes that the failure to \n satisfy the 5-year requirement is due to reasonable \n cause and the related facilities will continue to \n proceed with due diligence.\n ``(C) Failure to spend required amount of bond \n proceeds within 5 years.--To the extent that less than \n 95 percent of the proceeds of such issue are expended \n by the close of the 5-year period beginning on the date \n of issuance (or if an extension has been obtained under \n subparagraph (B), by the close of the extended period), \n the issuer shall use all unspent proceeds of such issue \n to redeem bonds of the issue within 90 days after the \n end of such period.\n ``(5) Exception for current refunding bonds.--Paragraph (3) \n shall not apply to any bond (or series of bonds) issued to \n refund a bond issued under subsection (a)(16) if--\n ``(A) the average maturity date of the issue of \n which the refunding bond is a part is not later than \n the average maturity date of the bonds to be refunded \n by such issue,\n ``(B) the amount of the refunding bond does not \n exceed the outstanding amount of the refunded bond, and\n ``(C) the refunded bond is redeemed not later than \n 90 days after the date of the issuance of the refunding \n bond.\n For purposes of subparagraph (A), average maturity shall be \n determined in accordance with section 147(b)(2)(A).''.\n (c) Conforming Amendment.--Section 146(g)(3) of the Internal \nRevenue Code of 1986 is amended by striking ``or (15)'' and inserting \n``(15), or (16)''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to bonds issued after December 31, 2007, and before \nJanuary 1, 2013.","summary":"Amends the Internal Revenue Code to allow the issuance of tax-exempt facility bonds through 2012 to make automobile development and production facilities built before 1981 compatible for the development and production of qualified alternative motor vehicles and component parts.","title":"A bill to amend the Internal Revenue Code of 1986 to provide for alternative motor vehicle facility bonds.","text_len":5495,"sum_len":278} {"bill_id":"107_s2893","text":"SECTION 1. DEFINITIONS.\n\n In this Act:\n (1) Agreement.--The term ``Agreement'' means the agreement \n entitled ``Agreement to Affirm Boundary Between Pueblo of Santa \n Clara and Pueblo of San Ildefonso Aboriginal Lands Within \n Garcia Canyon Tract'', entered into by the Governors on \n December 20, 2000.\n (2) Boundary line.--The term ``boundary line'' means the \n boundary line established under section 4(a).\n (3) Governors.--The term ``Governors'' means--\n (A) the Governor of the Pueblo of Santa Clara, New \n Mexico; and\n (B) the Governor of the Pueblo of San Ildefonso, \n New Mexico.\n (4) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (5) Pueblos.--The term ``Pueblos'' means--\n (A) the Pueblo of Santa Clara, New Mexico; and\n (B) the Pueblo of San Ildefonso, New Mexico.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (7) Trust land.--The term ``trust land'' means the land \n held by the United States in trust under section 2(a) or 3(a).\n\nSEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.\n\n (a) In General.--All right, title, and interest of the United \nStates in and to the land described in subsection (b), including \nimprovements on, appurtenances to, and mineral rights (including rights \nto oil and gas) to the land, shall be held by the United States in \ntrust for the Pueblo of Santa Clara, New Mexico.\n (b) Description of Land.--The land referred to in subsection (a) \nconsists of approximately 2,484 acres of Bureau of Land Management land \nlocated in Rio Arriba County, New Mexico, and more particularly \ndescribed as--\n (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico \n Principal Meridian, that is located north of the boundary line;\n (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New \n Mexico Principal Meridian;\n (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New \n Mexico Principal Meridian;\n (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract \n in the southeast quarter owned by the Pueblo of San Ildefonso;\n (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico \n Principal Meridian, that is located north and east of the \n boundary line;\n (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico \n Principal Meridian, that is located north of the boundary line;\n (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico \n Principal Meridian, that is not included in the Santa Clara \n Pueblo Grant or the Santa Clara Indian Reservation; and\n (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not \n included in the Santa Clara Pueblo Grant or the San Ildefonso \n Grant.\n\nSEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.\n\n (a) In General.--All right, title, and interest of the United \nStates in and to the land described in subsection (b), including \nimprovements on, appurtenances to, and mineral rights (including rights \nto oil and gas) to the land, shall be held by the United States in \ntrust for the Pueblo of San Ildefonso, New Mexico.\n (b) Description of Land.--The land referred to in subsection (a) \nconsists of approximately 2,000 acres of Bureau of Land Management land \nlocated in Rio Arriba County and Santa Fe County in the State of New \nMexico, and more particularly described as--\n (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico \n Principal Meridian, that is located south of the boundary line;\n (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico \n Principal Meridian, that is located south and west of the \n boundary line;\n (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico \n Principal Meridian, that is located south of the boundary line;\n (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal \n Meridian; and\n (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico \n Principal Meridian, that is not included in the San Ildefonso \n Pueblo Grant.\n\nSEC. 4. SURVEY AND LEGAL DESCRIPTIONS.\n\n (a) Survey.--Not later than 180 days after the date of enactment of \nthis Act, the Office of Cadastral Survey of the Bureau of Land \nManagement shall, in accordance with the Agreement, complete a survey \nof the boundary line established under the Agreement for the purpose of \nestablishing, in accordance with sections 2(b) and 3(b), the boundaries \nof the trust land.\n (b) Legal Descriptions.--\n (1) Publication.--On approval by the Governors of the \n survey completed under subsection (a), the Secretary shall \n publish in the Federal Register--\n (A) a legal description of the boundary line; and\n (B) legal descriptions of the trust land.\n (2) Technical corrections.--Before the date on which the \n legal descriptions are published under paragraph (1)(B), the \n Secretary may correct any technical errors in the descriptions \n of the trust land provided in sections 2(b) and 3(b) to ensure \n that the descriptions are consistent with the terms of the \n Agreement.\n (3) Effect.--Beginning on the date on which the legal \n descriptions are published under paragraph (1)(B), the legal \n descriptions shall be the official legal descriptions of the \n trust land.\n\nSEC. 5. ADMINISTRATION OF TRUST LAND.\n\n (a) In General.--Beginning on the date of enactment of this Act--\n (1) the land held in trust under section 2(a) shall be \n declared to be a part of the Santa Clara Indian Reservation; \n and\n (2) the land held in trust under section 3(a) shall be \n declared to be a part of the San Ildefonso Indian Reservation.\n (b) Applicable Law.--\n (1) In general.--The trust land shall be administered in \n accordance with any law (including regulations) or court order \n generally applicable to property held in trust by the United \n States for Indian tribes.\n (2) Pueblo lands act.--The following shall be subject to \n section 17 of the Act of June 7, 1924 (commonly known as the \n ``Pueblo Lands Act'') (25 U.S.C. 331 note):\n (A) The trust land.\n (B) Any land owned as of the date of enactment of \n this Act or acquired after the date of enactment of \n this Act by the Pueblo of Santa Clara in the Santa \n Clara Pueblo Grant.\n (C) Any land owned as of the date of enactment of \n this Act or acquired after the date of enactment of \n this Act by the Pueblo of San Ildefonso in the San \n Ildefonso Pueblo Grant.\n (c) Use of Trust Land.--\n (1) In general.--Subject to the criteria developed under \n paragraph (2), the trust land may be used only for--\n (A) traditional and customary uses; or\n (B) stewardship conservation for the benefit of the \n Pueblo for which the trust land is held in trust.\n (2) Criteria.--The Secretary shall work with the Pueblos to \n develop appropriate criteria for using the trust land in a \n manner that preserves the trust land for traditional and \n customary uses or stewardship conservation.\n (3) Limitation.--Beginning on the date of enactment of this \n Act, the trust land shall not be used for any new commercial \n developments.\n\nSEC. 6. EFFECT.\n\n Nothing in this Act--\n (1) affects any valid right-of-way, lease, permit, mining \n claim, grazing permit, water right, or other right or interest \n of a person or entity (other than the United States) that is--\n (A) in or to the trust land; and\n (B) in existence before the date of enactment of \n this Act;\n (2) enlarges, impairs, or otherwise affects a right or \n claim of the Pueblos to any land or interest in land that is--\n (A) based on Aboriginal or Indian title; and\n (B) in existence before the date of enactment of \n this Act;\n (3) constitutes an express or implied reservation of water \n or water right with respect to the trust land; or\n (4) affects any water right of the Pueblos in existence \n before the date of enactment of this Act.\n\n\n\n\n ","summary":"Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County and in Rio Arriba and Santa Fe Counties, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively . Directs the Office of Cadastral Survey to conduct a survey of the boundary lines between the properties. Declares the lands held in trust to be part of the Santa Clara Indian Reservation and the San Ildefonso Indian Reservation and directs that they be administered in accordance with any law or court order generally applicable to property held by the US Government in trust for Indian tribes. Subjects the trust lands and other lands in the Santa Clara Pueblo Grant and the San Ildefonso Pueblo Grant that are held by the respective tribes or subsequently acquired by them to the Pueblo Lands Act of 1924. Requires trust lands to be used only for traditional or customary uses or stewardship conservation. Prohibits trust lands from being used for any new commercial developments beginning on the date of the enactment of this Act. Prohibits this Act from being construed to: (1) affect any person's existing right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest in or to the trust lands. (2) affect any existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title. Or (3) constitute the reservation of water or water rights in the trust lands or any change in status of water rights of either Pueblo.","title":"A bill to provide that certain Bureau of Land Management land shall be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso in the State of New Mexico.","text_len":9568,"sum_len":1559} {"bill_id":"114_hr4908","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Housing Preservation Act of \n2016''.\n\nSEC. 2. AVAILABILITY OF RURAL HOUSING VOUCHERS FOR TENANTS IN PROJECTS \n WITH MATURING LOANS.\n\n (a) In General.--Section 542 of the Housing Act of 1949 (42 U.S.C. \n1490r) is amended by adding at the end the following new subsection:\n ``(c) Rural Vouchers for Tenants of Projects With Prepaid or \nMaturing Loans.--\n ``(1) Authority.--Subject to the availability of amounts \n provided in appropriation Acts and to paragraph (3), the \n Secretary shall provide rural housing vouchers under this \n section, in the amount provided under this section, to any low-\n income household (including those not receiving rental \n assistance) residing in a property financed with a loan made or \n insured under section 515 (42 U.S.C. 1485) which has been \n prepaid, or which has matured, after September 30, 2005.\n ``(2) Administration and subsidies.--The Secretary shall, \n to the maximum extent practicable, administer and operate such \n vouchers with current regulations and administrative guidance \n applicable to enhanced vouchers under section 8(t) of the \n United States Housing Act of 1937 (42 U.S.C. 1437f(t)) and \n administered by the Secretary of Housing and Urban Development. \n The amount of rental assistance provided on behalf of holders \n of such vouchers shall be the same as that provided on behalf \n of holders of enhanced vouchers under such section 8(t).\n ``(3) Termination of assistance.--The Secretary shall \n terminate the provision of voucher assistance pursuant to this \n subsection, with respect to a property, if--\n ``(A) at any time, a new loan is made or insured \n under section 515 for the property; and\n ``(B) as a result of such loan, rental assistance \n is provided on behalf of the voucher holder in an \n amount comparable to the rental assistance provided on \n behalf of the voucher holder under the voucher \n program.''.\n (b) Requirement for Section 515 Projects To Accept Vouchers.--\nSection 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by \nadding at the end the following new subsection:\n ``(bb) Requirement To Accept Rural Housing Vouchers.--No owner of a \nproperty financed with a loan made or insured under this section, \nwhether such loan is outstanding or fully paid, may refuse to lease an \navailable dwelling unit in the property to a household on behalf of \nwhom voucher assistance is provided under section 542 (42 U.S.C. \n1490r), and to enter into a voucher contract respecting such unit, a \nproximate cause of which is the status of such current or prospective \ntenant as a holder of such voucher.''.\n\nSEC. 3. DECOUPLING RENTAL ASSISTANCE FROM MATURING RURAL HOUSING LOANS.\n\n Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 \nU.S.C. 1490a(a)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(F) Rental assistance for projects with matured \n loans.--\n ``(i) Authority.--To continue to make \n decent, safe and sanitary housing available to \n low-income occupants of projects originally \n financed with a loan made or insured under \n section 515 that has matured on or after the \n date of the enactment of this subparagraph, and \n at rental rates commensurate to income as \n specified in subparagraph (A) of this \n paragraph, the Secretary may, subject to the \n availability of amounts provided in \n appropriation Acts, contract to make, make, and \n renew annual assistance payments pursuant to \n this subparagraph to the owners of such \n projects.\n ``(ii) Offer.--The Secretary shall ensure \n that an offer to provide a contract for \n assistance payments pursuant to this \n subparagraph shall be extended to all owners of \n projects described in clause (i) not later than \n 24 months before the maturation of the loan \n (except in the case of loans maturing after the \n date that is 24 months before the date of the \n enactment of this subparagraph).\n ``(iii) Terms.--Each contract for \n assistance payments pursuant to this \n subparagraph shall--\n ``(I) have a term of 20 years and \n be subject to availability of amounts \n provided in annual appropriations Acts;\n ``(II) cover all new and existing \n households residing in the project, \n regardless of whether or not they were \n previously assisted under the rental \n assistance program authorized under \n subparagraph (A);\n ``(III) be recorded at such local \n real property recording office as is \n prescribed by the State in which the \n project is located;\n ``(IV) bind the owner of the \n project and the owner's successors to \n continue to operate the project in \n accordance with such agreements;\n ``(V) require the owner (and such \n successors) to agree to continue to \n operate the projects as if it were \n subject to an existing loan under \n section 515;\n ``(VI) extend to residents of the \n project all the rights that at the time \n such contract is entered into are \n extended to residents of projects \n subject to an existing loan under \n section 515; and\n ``(VII) require the owner (and such \n successors) to maintain the assisted \n housing as decent, safe, and sanitary \n housing.\n ``(iv) Actual market rentals.--\n ``(I) In general.--A contract for \n assistance provided pursuant to this \n subparagraph for a project shall \n provide assistance to the owner based \n on an initial reasonable operating \n budget the rents for which do not \n exceed such actual market rental rates \n for the area in which the project is \n located, as are established by the \n Secretary.\n ``(II) Adjustment; renewal.--The \n Secretary shall adjust the actual \n market rental rates used for purposes \n of this clause annually.\n ``(v) Renewal; adjustment.--In providing \n assistance pursuant to this subparagraph, the \n Secretary shall require the owner of the \n project to renew the assistance provided to \n each household not less frequently than \n annually, in accordance with the provisions of \n subparagraph (A), and shall adjust the amount \n of assistance provided to a household at any \n other time upon a decrease in the household's \n monthly income of $100 or more.\n ``(vi) Administration.--Rental assistance \n contracts authorized by this subparagraph \n shall, except as otherwise provided in this \n subparagraph, be administered by the Secretary \n in the same manner as rental assistance \n contracts for projects having existing loans \n made or insured under section 515 or existing \n loans and grants made under sections 514 and \n 516.''.\n\nSEC. 4. UNIFORM STANDARDS FOR TRANSFERS OF SECTION 515 PROPERTIES USING \n LOW-INCOME TAX CREDITS.\n\n Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended \nby adding at the end the following new subsection:\n ``(bb) Requirements for Transfers of Properties Involving Low-\nIncome Housing Tax Credits.--The Secretary shall establish, without \nexception, uniform requirements, terms, and conditions for any sale or \ntransfer of a property financed with a loan under this section to any \nentity, including a nonprofit organization, that is seeking to acquire \nsuch property with amounts authorized under this section and any low-\nincome housing tax credit under section 42 of the Internal Revenue Code \nof 1986.''.\n\nSEC. 5. RURAL MULTIFAMILY HOUSING REVITALIZATION PROGRAM.\n\n Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended \nby adding at the end the following new subsection:\n ``(bb) Multifamily Housing Revitalization Program.--\n ``(1) In general.--The Secretary may establish a \n Multifamily Housing Revitalization Program for the preservation \n and revitalization of multifamily housing projects funded with \n loans made available pursuant to this section and sections 514 \n and 516 to ensure that such projects have sufficient resources \n to provide safe and affordable housing for low-income residents \n and farm laborers.\n ``(2) Options.--In carrying out paragraph (1), the \n Secretary may--\n ``(A) with respect to such loans--\n ``(i) reduce or eliminate interest;\n ``(ii) defer loan payments; and\n ``(iii) subordinate, reduce, or reamortize \n loan debt; and\n ``(B) provide other financial assistance, \n including--\n ``(i) advances; and\n ``(ii) payments and incentives (including \n the ability of owners to obtain reasonable \n returns on investment).\n ``(3) Requirements.--In exchange for assistance provided \n pursuant to this subsection, the Secretary shall enter into \n with the property owner a restrictive use agreement to ensure \n that the property remains subject to low-income use \n restrictions for an additional period of time consistent with \n the terms of the restructuring.\n ``(4) Use of funds for rural housing vouchers.--\n ``(A) Authority.--If the Secretary determines that \n additional funds for vouchers under the rural housing \n voucher program under section 542 (42 U.S.C. 1490r) are \n needed, funds for the revitalization program under this \n subsection may be used for such vouchers for any low-\n income household (including those not receiving rental \n assistance) residing in a property financed with a loan \n under this section that has been prepaid after \n September 30, 2005.\n ``(B) Amount.--Notwithstanding section 542, the \n amount of a voucher provided pursuant to this paragraph \n shall be the difference between comparable market rent \n for the unit and the tenant-paid rent for such unit.\n ``(C) Availability.--Funds made available for \n vouchers pursuant to this paragraph shall be subject to \n the availability of annual appropriations.\n ``(D) Administration.--The Secretary shall, to the \n maximum extent practicable, administer vouchers \n provided pursuant to this paragraph with current \n regulations and administrative guidance applicable to \n housing vouchers under section 8 of the United States \n Housing Act of 1937 (42 U.S.C. 1437f) administered by \n the Secretary of Housing and Urban Development.''.\n\nSEC. 6. REGULATIONS.\n\n The Secretary of Agriculture shall issue regulations necessary to \ncarry out the amendments made by this Act not later than the expiration \nof the 120-day period beginning on the date of the enactment of this \nAct.","summary":"Rural Housing Preservation Act of 2016 This bill amends the Housing Act of 1949 to direct the Department of Agriculture (USDA) to extend rural housing vouchers to any low-income household residing in a property financed with a loan made or insured for housing and related facilities for elderly or other low-income persons and families which has been prepaid, or which has matured, after September 30, 2005. No owner of a property financed with such a loan, whether outstanding or fully paid, may refuse to lease an available dwelling unit in the property to a household on behalf of whom a rural housing voucher assistance is provided, and enter into a voucher contract respecting that unit, if a proximate cause of that refusal is the current or prospective tenant's status as a holder of such a voucher. USDA may contract to make, make, and renew annual assistance payments to owners of projects originally financed with such a loan that has matured on or after enactment of this bill, and at rental rates commensurate to income. USDA shall establish uniform requirements, terms, and conditions for any sale or transfer of a property financed with such a loan to any entity, including a nonprofit organization, seeking to acquire it with a similar loan and any low-income housing tax credit under the Internal Revenue Code. USDA may also establish a Multifamily Housing Revitalization Program for the preservation and revitalization of multifamily housing projects funded with such loans, as well as with loans for housing and related facilities for domestic farm labor, to ensure that those projects have sufficient resources to provide safe and affordable housing for low-income residents and farm laborers.","title":"Rural Housing Preservation Act of 2016","text_len":13738,"sum_len":1712} {"bill_id":"106_s2926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Family Relief Act''.\n\nSEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH.\n\n (a) Old-Age Insurance Benefits.--Section 202(a) of the Social \nSecurity Act (42 U.S.C. 402(a)) is amended by striking ``the month \npreceding'' in the matter following subparagraph (B).\n (b) Wife's Insurance Benefits.--\n (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. \n 402(b)(1)) is amended--\n (A) by striking ``and ending with the month'' in \n the matter immediately following clause (ii) and \n inserting ``and ending with the month in which she dies \n or (if earlier) with the month'';\n (B) by striking subparagraph (E); and\n (C) by redesignating subparagraphs (F) through (K) \n as subparagraphs (E) through (J).\n (2) Conforming amendments.--Section 202(b)(5)(B) of such \n Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), \n (H), or (J)'' and inserting ``(E), (G), or (I)''.\n (c) Husband's Insurance Benefits.--\n (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. \n 402(c)(1)) is amended--\n (A) by striking ``and ending with the month'' in \n the matter immediately following clause (ii) and \n inserting ``and ending with the month in which he dies \n or (if earlier) with the month'';\n (B) by striking subparagraph (E); and\n (C) by redesignating subparagraphs (F) through (K) \n as subparagraphs (E) through (J), respectively.\n (2) Conforming amendments.--Section 202(c)(5)(B) of such \n Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), \n (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively.\n (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 \nU.S.C. 402(d)(1)) is amended--\n (1) by striking ``and ending with the month'' in the matter \n immediately preceding subparagraph (D) and inserting ``and \n ending with the month in which such child dies or (if earlier) \n with the month''; and\n (2) by striking ``dies, or'' in subparagraph (D).\n (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 \nU.S.C. 402(e)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: she \nremarries, dies,'' in the matter following subparagraph (F) and \ninserting ``ending with the month in which she dies or (if earlier) \nwith the month preceding the first month in which she remarries or''.\n (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act \n(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: he \nremarries, dies,'' in the matter following subparagraph (F) and \ninserting ``ending with the month in which he dies or (if earlier) with \nthe month preceding the first month in which he remarries''.\n (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of \nsuch Act (42 U.S.C. 402(g)(1)) is amended--\n (1) by inserting ``with the month in which he or she dies \n or (if earlier)'' after ``and ending'' in the matter following \n subparagraph (F); and\n (2) by striking ``he or she remarries, or he or she dies'' \n and inserting ``or he or she remarries''.\n (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 \nU.S.C. 402(h)(1)) is amended by striking ``ending with the month \npreceding the first month in which any of the following occurs: such \nparent dies, marries,'' in the matter following subparagraph (E) and \ninserting ``ending with the month in which such parent dies or (if \nearlier) with the month preceding the first month in which such parent \nmarries, or such parent''.\n (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act \n(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month \npreceding whichever of the following months is the earliest: the month \nin which he dies,'' in the matter following subparagraph (D) and \ninserting the following: ``ending with the month in which he dies or \n(if earlier) with the month preceding the earlier of'' and by striking \nthe comma after ``216(l))''.\n (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section \n228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the \nmonth preceding'' in the matter following paragraph (4).\n\nSEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.\n\n (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the \nSocial Security Act (42 U.S.C. 402) is amended by adding at the end the \nfollowing new subsection:\n\n ``Last Payment of Monthly Insurance Benefit Terminated by Death\n\n ``(y) The amount of any individual's monthly insurance benefit \nunder this section paid for the month in which the individual dies \nshall be an amount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n (b) Disability Insurance Benefits.--Section 223 of such Act (42 \nU.S.C. 423) is amended by adding at the end the following new \nsubsection:\n\n ``Last Payment of Benefit Terminated by Death\n\n ``(j) The amount of any individual's monthly benefit under this \nsection paid for the month in which the individual dies shall be an \namount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section \n228 of such Act (42 U.S.C. 428) is amended by adding at the end the \nfollowing new subsection:\n\n ``Last Payment of Benefit Terminated by Death\n\n ``(i) The amount of any individual's monthly benefit under this \nsection paid for the month in which the individual dies shall be an \namount equal to--\n ``(1) the amount of such benefit (as determined without \n regard to this subsection), multiplied by\n ``(2) a fraction--\n ``(A) the numerator of which is the number of days \n in such month preceding the date of such individual's \n death, and\n ``(B) the denominator of which is the number of \n days in such month,\nrounded, if not a multiple of $1, to the next lower multiple of $1. \nThis subsection shall apply with respect to such benefit after all \nother adjustments with respect to such benefit provided by this title \nhave been made. Payment of such benefit for such month shall be made as \nprovided in section 204(d).''.\n\nSEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM \n PROVISIONS.\n\n Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is \namended by adding at the end the following new paragraph:\n ``(10) Notwithstanding any other provision of this Act, in applying \nthe preceding provisions of this subsection (and determining maximum \nfamily benefits under column V of the table in or deemed to be in \nsection 215(a) as in effect in December 1978) with respect to the month \nin which the insured individual's death occurs, the benefit payable to \nsuch individual for that month shall be disregarded.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to deaths \noccurring after the month in which this Act is enacted.","summary":"Provides that such individual's benefit shall be payable for such month only in proportion to the number of days preceding the date of death. Provides for disregard of such benefits for the month of death in determining maximum family benefits.","title":"Social Security Family Relief Act","text_len":8890,"sum_len":244} {"bill_id":"107_s687","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Higher Education Affordability and \nFairness Act''.\n\nSEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.\n\n (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of \nthe Internal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following:\n\n``SEC. 222. HIGHER EDUCATION EXPENSES.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction an amount equal to the qualified \ntuition and related expenses paid by the taxpayer during the taxable \nyear.\n ``(b) Limitations.--\n ``(1) Limitation for first 2 years of postsecondary \n education.--For any taxable year preceding a taxable year \n described in paragraph (2), the amount of qualified tuition and \n related expenses which may be taken into account under \n subsection (a) shall not exceed--\n ``(A) except as provided in subparagraph (B), the \n excess (if any) of--\n ``(i) the lesser of--\n ``(I) $10,000 for each eligible \n student, or\n ``(II) $15,000, over\n ``(ii) the amount of such expenses which \n are taken into account in determining the \n credit allowable to the taxpayer or any other \n person under section 25A(a)(1) with respect to \n such expenses, and\n ``(B) in the case of a taxpayer with respect to \n which the credit under section 25A(a)(1) is reduced to \n zero by reason of section 25A(d)(1), $5,000.\n ``(2) Limitation for second 2 years of postsecondary \n education.--For any taxable year if an eligible student has \n completed (before the beginning of such taxable year) the first \n 2 years of postsecondary education at an eligible educational \n institution, the amount of qualified tuition and related \n expenses which may be taken into account under subsection (a) \n shall not exceed--\n ``(A) except as provided in subparagraph (B) or \n (C), $10,000,\n ``(B) in the case of a taxpayer with respect to \n which a credit under section 25A(a)(1) would be reduced \n to zero by reason of section 25A(d)(1), $5,000, and\n ``(C) in the case of taxpayer with respect to whom \n the credit under section 25A(a)(2) is allowed for such \n taxable year, zero.\n ``(3) Deduction allowed only for 4 taxable years for each \n eligible student.--A deduction may not be allowed under \n subsection (a) with respect to the qualified tuition and \n related expenses of an eligible student for any taxable year if \n such a deduction was allowable with respect to such expenses \n for such student for any 4 prior taxable years.\n ``(c) Qualified Tuition and Related Expenses.--For purposes of this \nsection, the term `qualified tuition and related expenses' has the \nmeaning given such term by section 25A(f)(1) (determined with regard to \nsection 25A(c)(2)(B)).\n ``(d) Eligible Student.--For purposes of this section, the term \n`eligible student' has the meaning given such term by section \n25A(b)(3).\n ``(e) Special Rules.--For purposes of this section--\n ``(1) Identification requirement.--No deduction shall be \n allowed under subsection (a) to a taxpayer with respect to an \n eligible student unless the taxpayer includes the name, age, \n and taxpayer identification number of such eligible student on \n the return of tax for the taxable year.\n ``(2) No double benefit.--\n ``(A) Coordination with exclusions.--The amount of \n qualified tuition and related expenses otherwise taken \n into account under subsection (a) with respect to an \n eligible student shall be reduced (before the \n application of subsection (b)) by the amount of such \n expenses which are taken into account in determining \n the exclusion under section 135 or 530(d)(2) for the \n taxable year.\n ``(B) Dependents.--No deduction shall be allowed \n under subsection (a) to any individual with respect to \n whom a deduction under section 151 is allowable to \n another taxpayer for a taxable year beginning in the \n calendar year in which such individual's taxable year \n begins.\n ``(3) Limitation on taxable year of deduction.--\n ``(A) In general.--A deduction shall be allowed \n under subsection (a) for qualified tuition and related \n expenses for any taxable year only to the extent such \n expenses are in connection with enrollment at an \n institution of higher education during the taxable \n year.\n ``(B) Certain prepayments allowed.--Subparagraph \n (A) shall not apply to qualified tuition and related \n expenses paid during a taxable year if such expenses \n are in connection with an academic term beginning \nduring such taxable year or during the first 3 months of the next \ntaxable year.\n ``(4) Adjustment for certain scholarships and veterans \n benefits.--The amount of qualified tuition and related expenses \n otherwise taken into account under subsection (a) with respect \n to the education of an individual shall be reduced (before the \n application of subsection (b)) by the sum of the amounts \n received with respect to such individual for the taxable year \n as--\n ``(A) a qualified scholarship which under section \n 117 is not includable in gross income,\n ``(B) an educational assistance allowance under \n chapter 30, 31, 32, 34, or 35 of title 38, United \n States Code, or\n ``(C) a payment (other than a gift, bequest, \n devise, or inheritance within the meaning of section \n 102(a)) for educational expenses, or attributable to \n enrollment at an eligible educational institution, \n which is exempt from income taxation by any law of the \n United States.\n ``(5) No deduction for married individuals filing separate \n returns.--If the taxpayer is a married individual (within the \n meaning of section 7703), this section shall apply only if the \n taxpayer and the taxpayer's spouse file a joint return for the \n taxable year.\n ``(6) Nonresident aliens.--If the taxpayer is a nonresident \n alien individual for any portion of the taxable year, this \n section shall apply only if such individual is treated as a \n resident alien of the United States for purposes of this \n chapter by reason of an election under subsection (g) or (h) of \n section 6013.\n ``(7) Regulations.--The Secretary may prescribe such \n regulations as may be necessary or appropriate to carry out \n this section, including regulations requiring recordkeeping and \n information reporting.''.\n (b) Deduction Allowed in Computing Adjusted Gross Income.--Section \n62(a) of the Internal Revenue Code of 1986 is amended by inserting \nafter paragraph (17) the following:\n ``(18) Higher education expenses.--The deduction allowed by \n section 222.''.\n (c) Determination of Adjusted Gross Income With Respect To Other \nBenefits.--\n (1) Section 21(a)(2) of the Internal Revenue Code of 1986 \n is amended by inserting ``(determined without regard to section \n 222)'' after ``adjusted gross income''.\n (2) Section 22(d) of such Code is amended--\n (A) by inserting ``(determined without regard to \n section 222)'' after ``adjusted gross income'' the \n first place it appears, and\n (B) by inserting ``(as so determined)'' after \n ``adjusted gross income'' the second place it appears.\n (3) Section 23(b)(2)(B) of such Code is amended by \n inserting ``222,'' before ``911''.\n (4) Section 24(b)(1) of such Code is amended by inserting \n ``222,'' before ``911''.\n (5) Section 86(b)(2)(A) of such Code is amended by \n inserting ``222,'' before ``911''.\n (6) Section 137(b)(3)(A) of such Code is amended by \n inserting ``222,'' before ``911''.\n (7) Section 151(d)(3) of such Code is amended--\n (A) by inserting ``(determined without regard to \n section 222)'' after ``adjusted gross income'' in \n subparagraph (A), and\n (B) by inserting ``(as so determined)'' after \n ``adjusted gross income'' in subparagraph (B).\n (8) Section 165(h)(2)(A)(ii) of such Code is amended by \n inserting ``(determined without regard to section 222)'' after \n ``adjusted gross income''.\n (9) Section 213(a) of such Code is amended by inserting \n ``(determined without regard to section 222)'' after ``adjusted \n gross income''.\n (10) Section 219(g)(3)(A)(ii) of such Code is amended by \n inserting ``222,'' after ``221,''.\n (11) Section 221(b)(2)(C)(i) of such Code is amended by \n inserting ``222,'' before ``911''.\n (12) Section 403(b)(3)(D) of such Code is amended--\n (A) by inserting ``(determined without regard to \n section 222)'' after ``adjusted gross income'' in \n clause (ii), and\n (B) by inserting ``(as so determined)'' after \n ``adjusted gross income'' in the matter following \n clause (ii).\n (13) Section 469(i)(3)(E)(iii) of such Code is amended by \n striking ``and 221'' and inserting ``, 221, and 222''.\n (14) Section 1400C(b)(2) of such Code is amended by \n inserting ``222,'' before ``911''.\n (d) Conforming Amendments.--The table of sections for part VII of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by striking the item relating to section 222 and inserting the \nfollowing:\n\n ``Sec. 222. Higher education expenses.\n ``Sec. 223. Cross reference.''.\n (e) Effective Date.--The amendments made by this section shall \napply to expenses paid after December 31, 2001 (in taxable years ending \nafter such date), for education furnished in academic periods beginning \nafter such date.\n\nSEC. 3. EDUCATION TAX CREDIT FAIRNESS.\n\n (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of \n1986 (relating to lifetime learning credit) is amended by striking \n``2003'' and inserting ``2002''.\n (b) Increase in AGI Limits.--\n (1) In general.--Subsection (d) of section 25A of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(d) Limitation Based on Modified Adjusted Gross Income.--\n ``(1) Hope credit.--\n ``(A) In general.--The amount which would (but for \n this subsection) be taken into account under subsection \n (a)(1) shall be reduced (but not below zero) by the \n amount determined under subparagraph (B).\n ``(B) Amount of reduction.--The amount determined \n under this subparagraph equals the amount which bears \n the same ratio to the amount which would be so taken \n into account as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) $50,000 ($100,000 in the \n case of a joint return), bears to\n ``(ii) $10,000 ($20,000 in the case of a \n joint return).\n ``(2) Lifetime learning credit.--\n ``(A) In general.--The amount which would (but for \n this subsection) be taken into account under subsection \n (a)(2) shall be reduced (but not below zero) by the \n amount determined under subparagraph (B).\n ``(B) Amount of reduction.--The amount determined \n under this subparagraph equals the amount which bears \n the same ratio to the amount which would be so taken \n into account as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) $40,000 ($80,000 in the case \n of a joint return), bears to\n ``(ii) $10,000 ($20,000 in the case of a \n joint return).\n ``(3) Modified adjusted gross income.--For purposes of this \n subsection, the term `modified adjusted gross income' means the \n adjusted gross income of the taxpayer for the taxable year \n increased by any amount excluded from gross income under \n section 911, 931, or 933.''.\n (2) Conforming amendment.--Paragraph (2) of section 25A(h) \n of such Code is amended to read as follows:\n ``(2) Income limits.--\n ``(A) Hope credit.--In the case of a taxable year \n beginning after 2002, the $50,000 and $100,000 amounts \n in subsection (d)(1)(B)(i)(II) shall be increased by an \n amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2001' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Lifetime learning credit.--In the case of a \n taxable year beginning after 2001, the $40,000 and \n $80,000 amounts in subsection (d)(2)(B)(i)(II) shall be \n increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2000' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(C) Rounding.--If any amount as adjusted under \n subparagraph (A) or (B) is not a multiple of $1,000, \n such amount shall be rounded to the next lowest \n multiple of $1,000.''.\n (c) Coordination With Other Higher Education Benefits.--\n (1) Subsection (e) of section 25A of the Internal Revenue \n Code of 1986 is amended to read as follows:\n ``(e) Election Not To Have Section Apply.--A taxpayer may elect not \nto have this section apply with respect to the qualified tuition and \nrelated expenses of an individual for any taxable year.''.\n (2) Section 25A (g) of such Code is amended by striking \n paragraph (5) and by redesignating paragraphs (6) and (7) as \n paragraphs (5) and (6), respectively.\n (3) Section 135(d)(2)(A) of such Code is amended by \n striking ``allowable'' and inserting ``allowed''.\n (d) Effective Date.--The amendments made by this section shall \napply to expenses paid after December 31, 2001 (in taxable years ending \nafter such date), for education furnished in academic periods beginning \nafter such date.\n\nSEC. 4. RELATIONSHIP BETWEEN TUITION AND FINANCIAL AID.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct an annual study to examine whether the Federal income tax \nincentives to provide education assistance affect higher education \ntuition rates in order to identify if institutions of higher education \nare absorbing the intended savings by raising tuition rates.\n (b) Report.--The Comptroller General of the United States shall \nreport the results of the study required under subsection (a) to \nCongress on an annual basis.\n\nSEC. 5. SENSE OF THE SENATE REGARDING PELL GRANTS.\n\n It is the sense of the Senate that the maximum Pell Grant should be \nincreased to $4,700 to pay approximately--\n (1) 20 percent of the tuition, fees, room and board, and \n other expenses of the average college, or\n (2) the tuition and fees of the average public college.","summary":"Higher Education Affordability and Fairness Act - Amends the Internal Revenue Code to allow a limited tax deduction for qualified higher education tuition and related expenses. Provides that the increase in the Lifetime Learning Credit to 20 percent of $10,000 of tuition from $5,000 of tuition shall be effective starting in 2002 rather than 2003. Directs the Comptroller General of the United States to conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates. Expresses the sense of the Senate that the maximum Pell Grant should be increased to $4,700 to pay approximately: (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college. Or (2) the tuition and fees of the average public college.","title":"A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a tax deduction for higher education expenses, and for other purposes.","text_len":17713,"sum_len":938} {"bill_id":"115_hr2946","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Heavy Truck, Tractor, and Trailer \nRetail Federal Excise Tax Repeal Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) there is a 12-percent Federal retail excise tax on \n certain new heavy trucks, tractors, and trailers, coupled with \n new regulatory mandates, significantly increasing the cost of \n new heavy-duty trucks, tractors, and trailers, and discourages \n the replacement of older, less environmentally clean and less \n fuel economical vehicles;\n (2) this 12-percent Federal retail excise tax is the \n highest percentage rate of any Federal ad valorem excise tax;\n (3) the Federal excise tax was first levied by Congress in \n 1917 to help finance America's involvement in World War I;\n (4) in 2016, the average manufacturer suggested retail \n price for heavy trucks was over $175,921;\n (5) the 12-percent Federal retail excise tax routinely adds \n between $12,000 and $22,000 to the cost of a heavy truck, \n tractor, or trailer;\n (6) the average in-use, heavy truck is 9.5 years old, close \n to the historical all-time high;\n (7) the Environmental Protection Agency's model year 2002-\n 2010 tailpipe emissions rules account for $20,000 of the \n average price of today's new heavy-duty trucks;\n (8) according to the 2011 Environmental Protection Agency \n and National Highway Traffic Safety Administration Regulatory \n Impact Analysis entitled ``Final Rulemaking to Establish \n Greenhouse Gas Emissions Standards and Fuel Efficiency \n Standards for Medium and Heavy-Duty Engines and Vehicles'', \n model year 2014-2018 EPA-Department of Transportation fuel \n economy rules will add up to approximately $6,683 to the price \n of new heavy-duty trucks;\n (9) according to the 2016 Environmental Protection Agency \n and National Highway Traffic Safety Administration Final Rule \n entitled ``Greenhouse Gas Emissions and Fuel Efficiency \n Standards for Medium and Heavy-Duty Engines and Vehicles--Phase \n 2'', model year 2021-2027 fuel economy rules will add up to \n approximately $12,500 to the price of new heavy-duty trucks;\n (10) the $39,183 average per truck cost of these regulatory \n mandates results in an additional $4,700 Federal excise tax, on \n average;\n (11) since the Federal retail excise tax on certain new \n heavy trucks, tractors, and trailers is based on annual sales, \n receipts from the tax deposited in the Highway Trust Fund can \n vary greatly; and\n (12) Congress should consider a more reliable and \n consistent revenue mechanism to protect the Highway Trust Fund.\n\nSEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.\n\n (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is \namended by striking subchapter C (and by striking the item relating to \nsuch subchapter from the table of subchapters for such chapter).\n (b) Conforming Amendments.--\n (1) Section 4072(c) of such Code is amended to read as \n follows:\n ``(c) Tires of the Type Used on Highway Vehicles.--\n ``(1) In general.--For purposes of this part, the term \n `tires of the type used on highway vehicles' means tires of the \n type used on--\n ``(A) motor vehicles which are highway vehicles, or\n ``(B) vehicles of the type used in connection with \n motor vehicles which are highway vehicles.\n ``(2) Exception for mobile machinery.--\n ``(A) In general.--Such term shall not include \n tires of a type used exclusively on mobile machinery.\n ``(B) Mobile machinery.--For purposes of \n subparagraph (A), the term `mobile machinery' means any \n vehicle which consists of a chassis--\n ``(i) to which there has been permanently \n mounted (by welding, bolting, riveting, or \n other means) machinery or equipment to perform \n a construction, manufacturing, processing, \n farming, mining, drilling, timbering, or \n similar operation if the operation of the \n machinery or equipment is unrelated to \n transportation on or off the public highways,\n ``(ii) which has been specially designed to \n serve only as a mobile carriage and mount (and \n a power source, where applicable) for the \n particular machinery or equipment involved, \n whether or not such machinery or equipment is \n in operation, and\n ``(iii) which, by reason of such special \n design, could not, without substantial \n structural modification, be used as a component \n of a vehicle designed to perform a function of \n transporting any load other than that \n particular machinery or equipment or similar \n machinery or equipment requiring such a \n specially designed chassis.''.\n (2) Section 4221 of such Code is amended--\n (A) by striking ``4051 or'' in subsection (a), and\n (B) by striking ``and in the case of any article \n sold free of tax under section 4053(6),'' in subsection \n (c).\n (3) Section 4222(d) of such Code is amended by striking \n ``4053(6),''.\n (4) Section 4293 of such Code is amended by striking \n ``section 4051,''.\n (5) Section 6416(b)(2) of such Code is amended by striking \n ``or under section 4051''.\n (6) Section 6416(b) of such Code is amended by striking \n paragraph (6).\n (7) Section 9503(b)(1) of such Code is amended by striking \n subparagraph (B) and by redesignating subparagraphs (C), (D), \n and (E) as subparagraphs (B), (C), and (D), respectively.\n (c) Effective Date.--The amendments made by this section shall \napply to sales and installations on or after the date of the \nintroduction of this Act.","summary":"Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017 This bill amends the Internal Revenue Code to repeal the 12 excise tax on the retail sale of heavy trucks and trailers.","title":"Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017","text_len":6619,"sum_len":198} {"bill_id":"109_hr5807","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Middle Class Tax \nRelief Act of 2006''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES\n\nSec. 101. Middle class families tax relief credits.\nSec. 102. Double the child tax credit for middle class families.\nSec. 103. Eliminate the middle class surcharge.\n TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION\n\nSec. 201. Surtax for families with incomes over $1 million.\n\n TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES\n\nSEC. 101. MIDDLE CLASS FAMILIES TAX RELIEF CREDITS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting before section 26 the \nfollowing new section:\n\n``SEC. 25E. MIDDLE CLASS FAMILIES TAX RELIEF CREDIT.\n\n ``(a) 10 Percent Tax Reduction for the Middle Class.--\n ``(1) In general.--In the case of any natural person, there \n shall be allowed as a credit against the tax imposed by this \n chapter for the taxable year an amount equal to 10 percent of \n the amount of such tax.\n ``(2) Income limitation.--The amount allowable as a credit \n under paragraph (1) for any taxable year shall be reduced (but \n not below zero) by an amount which bears the same ratio to the \n amount so allowable (determined without regard to this \n paragraph) as--\n ``(A) the amount (if any) by which the taxpayer's \n adjusted gross income exceeds $75,000 ($150,000 in the \n case of a joint return), bears to\n ``(B) $5,000 ($10,000 in the case of a joint \n return).\n ``(b) Zero Tax Bracket for the Poor.--\n ``(1) In general.--In the case of any natural person, there \n shall be allowed as a credit against the tax imposed by this \n chapter for the taxable year an amount equal to the excess of--\n ``(A) the sum of the taxpayer's regular tax \n liability for the taxable year and the tax imposed by \n section 55(a) for the taxable year, over\n ``(B) the sum of the credits allowed under this \n part (other than this subsection) for the taxable year.\n ``(2) Income limitation.--The amount allowable as a credit \n under paragraph (1) for any taxable year shall be reduced (but \n not below zero) by an amount which bears the same ratio to the \n amount so allowable (determined without regard to this \n paragraph) as--\n ``(A) the amount (if any) by which the taxpayer's \n adjusted gross income exceeds $12,500 ($25,000 in the \n case of a joint return), bears to\n ``(B) $2,500 ($5,000 in the case of a joint \n return).''.\n (b) Clerical Amendment.--The table of sections of subpart A of part \nIV of subchapter A of chapter 1 of such Code is amended by inserting \nbefore the item relating to section 26 the following new item:\n\n``Sec. 25E. Middle class families tax relief credits.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 102. DOUBLE THE CHILD TAX CREDIT FOR MIDDLE CLASS FAMILIES.\n\n (a) In General.--Subsection (a) of section 24 of the Internal \nRevenue Code of 1986 (relating to child tax credit) is amended to read \nas follows:\n ``(a) Allowance of Credit.--\n ``(1) In general.--There shall be allowed as a credit \n against the tax imposed by this chapter for the taxable year \n with respect to each qualifying child of the taxpayer an amount \n equal to the sum of--\n ``(A) the basic credit for the taxable year, plus\n ``(B) the additional credit for the taxable year.\n ``(2) Basic credit.--For purposes of this section, the term \n `basic credit' means--\n ``(A) $1,000 in the case of any taxable year \n beginning before January 1, 2011, and\n ``(B) $500 in the case of any other taxable year.\n ``(3) Additional credit.--For purposes of this section, the \n term `additional credit' means--\n ``(A) $1,000 in the case of any taxable year \n beginning before January 1, 2011, and\n ``(B) $500 in the case of any other taxable \n year.''.\n (b) Limitation on Additional Credit Based on Adjusted Gross \nIncome.--Subsection (b) of section 24 of such Code is amended by adding \nat the end the following new paragraphs:\n ``(4) Limitation on additional credit based on adjusted \n gross income.--The amount of the additional credit determined \n under subsection (a)(3) shall be reduced (but not below zero) \n by an amount which bears the same ratio to such amount \n (determined without regard to this paragraph) as--\n ``(A) the amount (if any) by which the taxpayer's \n adjusted gross income exceeds $75,000 ($150,000 in the \n case of a joint return), bears to\n ``(B) $5,000 ($10,000 in the case of a joint \n return).''.\n (c) Conforming Amendments.--Paragraph (1) of section 24(b) of such \nCode is amended--\n (1) by striking ``the credit allowable under subsection \n (a)'' and inserting ``the basic credit determined under \n subsection (a)(2)'', and\n (2) by inserting ``on basic credit'' after ``Limitation'' \n in the heading thereof.\n (d) Coordination With EGTRRA Sunset.--Section 901 of the Economic \nGrowth and Tax Relief Reconciliation Act of 2001 shall not apply to the \namendment made by section 201(a) of such Act.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 103. ELIMINATE THE MIDDLE CLASS SURCHARGE.\n\n (a) In General.--Section 55 of the Internal Revenue Code of 1986 \n(relating to alternative minimum tax imposed) is amended by adding at \nthe end the following new subsection:\n ``(f) Exemption for Individuals for Taxable Years Beginning in \n2007.--For any taxable year beginning in 2007, in the case of an \nindividual--\n ``(1) In general.--The tentative minimum tax of the \n taxpayer shall be zero if the adjusted gross income of the \n taxpayer (as determined for purposes of the regular tax) is \n equal to or less than the threshold amount.\n ``(2) Phasein of liability above exemption level.--In the \n case of a taxpayer whose adjusted gross income exceeds the \n threshold amount but does not exceed $112,500 ($225,000 in the \n case of a joint return), the tax imposed by subsection (a) \n shall be the amount which bears the same ratio to such tax \n (determined without regard to this subsection) as--\n ``(A) the excess of--\n ``(i) the adjusted gross income of the \n taxpayer (as determined for purposes of the \n regular tax), over\n ``(ii) the threshold amount, bears to\n ``(B) $12,500 ($25,000 in the case of a joint \n return).\n ``(3) Threshold amount.--For purposes of this paragraph, \n the term `threshold amount' means $100,000 ($200,000 in the \n case of a joint return).\n ``(4) Estates and trusts.--This subsection shall not apply \n to any estate or trust.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2005.\n\n TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION\n\nSEC. 201. SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION.\n\n (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 \n(relating to imposition of tax on individuals) is amended by adding at \nthe end the following new subsection:\n ``(j) Surtax for Families With Incomes Over $1,000,000.--\n ``(1) In general.--If the adjusted gross income of a \n taxpayer exceeds $500,000 ($1,000,000, in the case of a joint \n return), the tax imposed by this section (determined without \n regard to this subsection) shall be increased by an amount \n determined in accordance with the following tables:\n ``(A) Joint returns.--In the case of a joint \n return:\n\n``If taxable income is: The tax is:\n Over $1,000,000 but not over \n $1,000,000,000.\n 7% of the excess over \n $1,000,000\n Over $1,000,000,000............\n $69,930,000, plus 10% of the \n excess over \n $1,000,000,000\n ``(B) Other returns.--In the case of any other \n return:\n\n``If taxable income is: The tax is:\n Over $500,000 but not over \n $500,000,000.\n 7% of the excess over $500,000\n Over $500,000,000..............\n $34,965,000, plus 10% of the \n excess over \n $500,000,000\n ``(2) Tax not to apply to estates and trusts.--This \n subsection shall not apply to an estate or trust.\n ``(3) Special rule.--For purposes of section 55, the amount \n of the regular tax shall be determined without regard to this \n subsection.''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n (c) Section 15 Not to Apply.--The amendment made by subsection (a) \nshall not be treated as a change in a rate of tax for purposes of \nsection 15 of the Internal Revenue Code of 1986.","summary":"Middle Class Tax Relief Act of 2006 - Amends the Internal Revenue Code to: (1) allow individual taxpayers with adjusted gross incomes of less than $75,000 a tax credit for 10 of their income tax. (2) eliminate income taxes for individual taxpayers with adjusted gross incomes of less than $12,500. (3) double the child tax credit for individual taxpayers with adjusted gross incomes of less than $75,000. (4) eliminate the alternative minimum tax in 2007 for certain individual taxpayers. And (5) impose an income tax surtax on individual taxpayers with adjusted gross incomes of over $500,000 .","title":"To amend the Internal Revenue Code of 1986 to provide middle class tax relief, impose a surtax for families with incomes over $1,000,000, and for other purposes.","text_len":10429,"sum_len":595} {"bill_id":"104_hr3802","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Freedom of Information \nAct Amendments of 1996''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds that--\n (1) the purpose of section 552 of title 5, United States Code, \n popularly known as the Freedom of Information Act, is to require \n agencies of the Federal Government to make certain agency \n information available for public inspection and copying and to \n establish and enable enforcement of the right of any person to \n obtain access to the records of such agencies, subject to statutory \n exemptions, for any public or private purpose;\n (2) since the enactment of the Freedom of Information Act in \n 1966, and the amendments enacted in 1974 and 1986, the Freedom of \n Information Act has been a valuable means through which any person \n can learn how the Federal Government operates;\n (3) the Freedom of Information Act has led to the disclosure of \n waste, fraud, abuse, and wrongdoing in the Federal Government;\n (4) the Freedom of Information Act has led to the \n identification of unsafe consumer products, harmful drugs, and \n serious health hazards;\n (5) Government agencies increasingly use computers to conduct \n agency business and to store publicly valuable agency records and \n information; and\n (6) Government agencies should use new technology to enhance \n public access to agency records and information.\n (b) Purposes.--The purposes of this Act are to--\n (1) foster democracy by ensuring public access to agency \n records and information;\n (2) improve public access to agency records and information;\n (3) ensure agency compliance with statutory time limits; and\n (4) maximize the usefulness of agency records and information \n collected, maintained, used, retained, and disseminated by the \n Federal Government.\n\nSEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT INFORMATION.\n\n Section 552(f) of title 5, United States Code, is amended to read \nas follows:\n ``(f) For purposes of this section, the term--\n ``(1) `agency' as defined in section 551(1) of this title \n includes any executive department, military department, Government \n corporation, Government controlled corporation, or other \n establishment in the executive branch of the Government (including \n the Executive Office of the President), or any independent \n regulatory agency; and\n ``(2) `record' and any other term used in this section in \n reference to information includes any information that would be an \n agency record subject to the requirements of this section when \n maintained by an agency in any format, including an electronic \n format.''.\n\nSEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION \n OF RECORDS.\n\n Section 552(a)(2) of title 5, United States Code, is amended--\n (1) in the second sentence, by striking ``or staff manual or \n instruction'' and inserting ``staff manual, instruction, or copies \n of records referred to in subparagraph (D)'';\n (2) by inserting before the period at the end of the third \n sentence the following: ``, and the extent of such deletion shall \n be indicated on the portion of the record which is made available \n or published, unless including that indication would harm an \n interest protected by the exemption in subsection (b) under which \n the deletion is made'';\n (3) by inserting after the third sentence the following: ``If \n technically feasible, the extent of the deletion shall be indicated \n at the place in the record where the deletion was made.'';\n (4) in subparagraph (B), by striking ``and'' after the \n semicolon;\n (5) by inserting after subparagraph (C) the following:\n ``(D) copies of all records, regardless of form or format, \n which have been released to any person under paragraph (3) and \n which, because of the nature of their subject matter, the agency \n determines have become or are likely to become the subject of \n subsequent requests for substantially the same records; and\n ``(E) a general index of the records referred to under \n subparagraph (D);'';\n (6) by inserting after the fifth sentence the following: ``Each \n agency shall make the index referred to in subparagraph (E) \n available by computer telecommunications by December 31, 1999.''; \n and\n (7) by inserting after the first sentence the following: ``For \n records created on or after November 1, 1996, within one year after \n such date, each agency shall make such records available, including \n by computer telecommunications or, if computer telecommunications \n means have not been established by the agency, by other electronic \n means.''.\n\nSEC. 5. HONORING FORM OR FORMAT REQUESTS.\n\n Section 552(a)(3) of title 5, United States Code, is amended--\n (1) by inserting ``(A)'' after ``(3)'';\n (2) by striking ``(A)'' the second place it appears and \n inserting ``(i)'';\n (3) by striking ``(B)'' and inserting ``(ii)''; and\n (4) by adding at the end the following new subparagraphs:\n ``(B) In making any record available to a person under this \nparagraph, an agency shall provide the record in any form or format \nrequested by the person if the record is readily reproducible by the \nagency in that form or format. Each agency shall make reasonable \nefforts to maintain its records in forms or formats that are \nreproducible for purposes of this section.\n ``(C) In responding under this paragraph to a request for records, \nan agency shall make reasonable efforts to search for the records in \nelectronic form or format, except when such efforts would significantly \ninterfere with the operation of the agency's automated information \nsystem.\n ``(D) For purposes of this paragraph, the term `search' means to \nreview, manually or by automated means, agency records for the purpose \nof locating those records which are responsive to a request.''.\n\nSEC. 6. STANDARD FOR JUDICIAL REVIEW.\n\n Section 552(a)(4)(B) of title 5, United States Code, is amended by \nadding at the end the following new sentence: ``In addition to any \nother matters to which a court accords substantial weight, a court \nshall accord substantial weight to an affidavit of an agency concerning \nthe agency's determination as to technical feasibility under paragraph \n(2)(C) and subsection (b) and reproducibility under paragraph \n(3)(B).''.\n\nSEC. 7. ENSURING TIMELY RESPONSE TO REQUESTS.\n\n (a) Multitrack Processing.--Section 552(a)(6) of title 5, United \nStates Code, is amended by adding at the end the following new \nsubparagraph:\n ``(D)(i) Each agency may promulgate regulations, pursuant to notice \nand receipt of public comment, providing for multitrack processing of \nrequests for records based on the amount of work or time (or both) \ninvolved in processing requests.\n ``(ii) Regulations under this subparagraph may provide a person \nmaking a request that does not qualify for the fastest multitrack \nprocessing an opportunity to limit the scope of the request in order to \nqualify for faster processing.\n ``(iii) This subparagraph shall not be considered to affect the \nrequirement under subparagraph (C) to exercise due diligence.''.\n (b) Unusual Circumstances.--Section 552(a)(6)(B) of title 5, United \nStates Code, is amended to read as follows:\n ``(B)(i) In unusual circumstances as specified in this \nsubparagraph, the time limits prescribed in either clause (i) or clause \n(ii) of subparagraph (A) may be extended by written notice to the \nperson making such request setting forth the unusual circumstances for \nsuch extension and the date on which a determination is expected to be \ndispatched. No such notice shall specify a date that would result in an \nextension for more than ten working days, except as provided in clause \n(ii) of this subparagraph.\n ``(ii) With respect to a request for which a written notice under \nclause (i) extends the time limits prescribed under clause (i) of \nsubparagraph (A), the agency shall notify the person making the request \nif the request cannot be processed within the time limit specified in \nthat clause and shall provide the person an opportunity to limit the \nscope of the request so that it may be processed within that time limit \nor an opportunity to arrange with the agency an alternative time frame \nfor processing the request or a modified request. Refusal by the person \nto reasonably modify the request or arrange such an alternative time \nframe shall be considered as a factor in determining whether \nexceptional circumstances exist for purposes of subparagraph (C).\n ``(iii) As used in this subparagraph, `unusual circumstances' \nmeans, but only to the extent reasonably necessary to the proper \nprocessing of the particular requests--\n ``(I) the need to search for and collect the requested records \n from field facilities or other establishments that are separate \n from the office processing the request;\n ``(II) the need to search for, collect, and appropriately \n examine a voluminous amount of separate and distinct records which \n are demanded in a single request; or\n ``(III) the need for consultation, which shall be conducted \n with all practicable speed, with another agency having a \n substantial interest in the determination of the request or among \n two or more components of the agency having substantial subject-\n matter interest therein.\n ``(iv) Each agency may promulgate regulations, pursuant to notice \nand receipt of public comment, providing for the aggregation of certain \nrequests by the same requestor, or by a group of requestors acting in \nconcert, if the agency reasonably believes that such requests actually \nconstitute a single request, which would otherwise satisfy the unusual \ncircumstances specified in this subparagraph, and the requests involve \nclearly related matters. Multiple requests involving unrelated matters \nshall not be aggregated.''.\n (c) Exceptional Circumstances.--Section 552(a)(6)(C) of title 5, \nUnited States Code, is amended by inserting ``(i)'' after ``(C)'', and \nby adding at the end the following new clauses:\n ``(ii) For purposes of this subparagraph, the term `exceptional \ncircumstances' does not include a delay that results from a predictable \nagency workload of requests under this section, unless the agency \ndemonstrates reasonable progress in reducing its backlog of pending \nrequests.\n ``(iii) Refusal by a person to reasonably modify the scope of a \nrequest or arrange an alternative time frame for processing a request \n(or a modified request) under clause (ii) after being given an \nopportunity to do so by the agency to whom the person made the request \nshall be considered as a factor in determining whether exceptional \ncircumstances exist for purposes of this subparagraph.''.\n\nSEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS.\n\n (a) Expedited Processing.--Section 552(a)(6) of title 5, United \nStates Code (as amended by section 7(a) of this Act), is further \namended by adding at the end the following new subparagraph:\n ``(E)(i) Each agency shall promulgate regulations, pursuant to \nnotice and receipt of public comment, providing for expedited \nprocessing of requests for records--\n ``(I) in cases in which the person requesting the records \n demonstrates a compelling need; and\n ``(II) in other cases determined by the agency.\n ``(ii) Notwithstanding clause (i), regulations under this \nsubparagraph must ensure--\n ``(I) that a determination of whether to provide expedited \n processing shall be made, and notice of the determination shall be \n provided to the person making the request, within 10 days after the \n date of the request; and\n ``(II) expeditious consideration of administrative appeals of \n such determinations of whether to provide expedited processing.\n ``(iii) An agency shall process as soon as practicable any request \nfor records to which the agency has granted expedited processing under \nthis subparagraph. Agency action to deny or affirm denial of a request \nfor expedited processing pursuant to this subparagraph, and failure by \nan agency to respond in a timely manner to such a request shall be \nsubject to judicial review under paragraph (4), except that the \njudicial review shall be based on the record before the agency at the \ntime of the determination.\n ``(iv) A district court of the United States shall not have \njurisdiction to review an agency denial of expedited processing of a \nrequest for records after the agency has provided a complete response \nto the request.\n ``(v) For purposes of this subparagraph, the term `compelling need' \nmeans--\n ``(I) that a failure to obtain requested records on an \n expedited basis under this paragraph could reasonably be expected \n to pose an imminent threat to the life or physical safety of an \n individual; or\n ``(II) with respect to a request made by a person primarily \n engaged in disseminating information, urgency to inform the public \n concerning actual or alleged Federal Government activity.\n ``(vi) A demonstration of a compelling need by a person making a \nrequest for expedited processing shall be made by a statement certified \nby such person to be true and correct to the best of such person's \nknowledge and belief.''.\n (b) Extension of General Period for Determining Whether To Comply \nWith a Request.--Section 552(a)(6)(A)(i) of title 5, United States \nCode, is amended by striking ``ten days'' and inserting ``20 days''.\n (c) Estimation of Matter Denied.--Section 552(a)(6) of title 5, \nUnited States Code (as amended by section 7 of this Act and subsection \n(a) of this section), is further amended by adding at the end the \nfollowing new subparagraph:\n ``(F) In denying a request for records, in whole or in part, an \nagency shall make a reasonable effort to estimate the volume of any \nrequested matter the provision of which is denied, and shall provide \nany such estimate to the person making the request, unless providing \nsuch estimate would harm an interest protected by the exemption in \nsubsection (b) pursuant to which the denial is made.''.\n\nSEC. 9. COMPUTER REDACTION.\n\n Section 552(b) of title 5, United States Code, is amended in the \nmatter following paragraph (9) by inserting after the period the \nfollowing: ``The amount of information deleted shall be indicated on \nthe released portion of the record, unless including that indication \nwould harm an interest protected by the exemption in this subsection \nunder which the deletion is made. If technically feasible, the amount \nof the information deleted shall be indicated at the place in the \nrecord where such deletion is made.''.\n\nSEC. 10. REPORT TO THE CONGRESS.\n\n Section 552(e) of title 5, United States Code, is amended to read \nas follows:\n ``(e)(1) On or before February 1 of each year, each agency shall \nsubmit to the Attorney General of the United States a report which \nshall cover the preceding fiscal year and which shall include--\n ``(A) the number of determinations made by the agency not to \n comply with requests for records made to such agency under \n subsection (a) and the reasons for each such determination;\n ``(B)(i) the number of appeals made by persons under subsection \n (a)(6), the result of such appeals, and the reason for the action \n upon each appeal that results in a denial of information; and\n ``(ii) a complete list of all statutes that the agency relies \n upon to authorize the agency to withhold information under \n subsection (b)(3), a description of whether a court has upheld the \n decision of the agency to withhold information under each such \n statute, and a concise description of the scope of any information \n withheld;\n ``(C) the number of requests for records pending before the \n agency as of September 30 of the preceding year, and the median \n number of days that such requests had been pending before the \n agency as of that date;\n ``(D) the number of requests for records received by the agency \n and the number of requests which the agency processed;\n ``(E) the median number of days taken by the agency to process \n different types of requests;\n ``(F) the total amount of fees collected by the agency for \n processing requests; and\n ``(G) the number of full-time staff of the agency devoted to \n processing requests for records under this section, and the total \n amount expended by the agency for processing such requests.\n ``(2) Each agency shall make each such report available to the \npublic including by computer telecommunications, or if computer \ntelecommunications means have not been established by the agency, by \nother electronic means.\n ``(3) The Attorney General of the United States shall make each \nreport which has been made available by electronic means available at a \nsingle electronic access point. The Attorney General of the United \nStates shall notify the Chairman and ranking minority member of the \nCommittee on Government Reform and Oversight of the House of \nRepresentatives and the Chairman and ranking minority member of the \nCommittees on Governmental Affairs and the Judiciary of the Senate, no \nlater than April 1 of the year in which each such report is issued, \nthat such reports are available by electronic means.\n ``(4) The Attorney General of the United States, in consultation \nwith the Director of the Office of Management and Budget, shall develop \nreporting and performance guidelines in connection with reports \nrequired by this subsection by October 1, 1997, and may establish \nadditional requirements for such reports as the Attorney General \ndetermines may be useful.\n ``(5) The Attorney General of the United States shall submit an \nannual report on or before April 1 of each calendar year which shall \ninclude for the prior calendar year a listing of the number of cases \narising under this section, the exemption involved in each case, the \ndisposition of such case, and the cost, fees, and penalties assessed \nunder subparagraphs (E), (F), and (G) of subsection (a)(4). Such report \nshall also include a description of the efforts undertaken by the \nDepartment of Justice to encourage agency compliance with this \nsection.''.\n\nSEC. 11. REFERENCE MATERIALS AND GUIDES.\n\n Section 552 of title 5, United States Code, is amended by adding \nafter subsection (f) the following new subsection:\n ``(g) The head of each agency shall prepare and make publicly \navailable upon request, reference material or a guide for requesting \nrecords or information from the agency, subject to the exemptions in \nsubsection (b), including--\n ``(1) an index of all major information systems of the agency;\n ``(2) a description of major information and record locator \n systems maintained by the agency; and\n ``(3) a handbook for obtaining various types and categories of \n public information from the agency pursuant to chapter 35 of title \n 44, and under this section.''.\n\nSEC. 12. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), this Act \nshall take effect 180 days after the date of the enactment of this Act.\n (b) Provisions Effective on Enactment.--Sections 7 and 8 shall take \neffect one year after the date of the enactment of this Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Electronic Freedom of Information Act Amendments of 1996 - Amends the Freedom of Information Act (FOIA) to define record to mean information maintained by an agency, as a required agency record, in any format, including an electronic format. Revises provisions which permit an agency to delete identifying details when it makes available or publishes specified information so as to permit such deletions in copies of all records. Requires that the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the current exemptions under which the deletion is made. Requires an agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have been released to an individual and which, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records. (2) a general index of such records, which shall be made available electronically by December 31, 1999. And (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Requires that an agency in responding to a request for records shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. Provides that, respecting a standard for judicial review, in addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility and reproducibility. Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for: (1) multitrack processing of requests for records based on the amount of work or time involved in processing requests. And (2) an opportunity for an individual making a request that does not qualify for the fastest multitrack processing to limit the scope of the request in order to qualify for faster processing. Directs that the agency, with respect to a request for which a written notice in the case of unusual circumstances extends the time limits prescribed, shall: (1) notify the requestor if the request cannot be processed within the time limit. And (2) provide the requestor an opportunity to limit the scope of the request so that it may be processed within that time limit or to arrange with the agency an alternative time frame for processing the request or a modified request. Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request and the requests involve clearly related matters. Prohibits the aggregation of multiple requests involving unrelated matters. Prohibits including a delay that results from a predictable agency workload of requests as an exceptional circumstance, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. Considers as a factor in determining whether exceptional circumstances exist the refusal by an individual to modify the scope of a request or arrange an alternative time frame for processing a request after being given an opportunity to do so by the agency. Directs each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records. Extends the general period for determining whether to comply with a request from ten to 20 days. Requires deletions to be indicated, if technically feasible, on the released portion of the record, unless including that indication would harm an interest protected by the exemption under which the deletion is made. Revises FOIA reporting requirements. Directs each agency head to make publicly available, upon request, reference material or a guide for requesting records or information from the agency, including: (1) an index of all major information systems of the agency. (2) a description of major information and record locator systems maintained by the agency. And (3) a handbook for obtaining various types and categories of public information from the agency.","title":"Electronic Freedom of Information Act Amendments of 1996","text_len":19940,"sum_len":4583} {"bill_id":"114_s2140","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hide No Harm Act of 2015''.\n\nSEC. 2. CRIMINAL PENALTIES.\n\n (a) In General.--Part I of title 18, United States Code, is amended \nby inserting after chapter 101 the following:\n\n ``CHAPTER 101A--REPORTING STANDARDS\n\n``Sec.\n``2081. Definitions.\n``2082. Failure to inform and warn.\n``2083. Relationship to existing law.\n``Sec. 2081. Definitions\n ``In this chapter--\n ``(1) the term `appropriate Federal agency' means an agency \n with jurisdiction over a covered product, covered service, or \n business practice;\n ``(2) the term `business entity' means a corporation, \n company, association, firm, partnership, sole proprietor, or \n other business entity;\n ``(3) the term `business practice' means a method or \n practice of--\n ``(A) manufacturing, assembling, designing, \n researching, importing, or distributing a covered \n product;\n ``(B) conducting, providing, or preparing to \n provide a covered service; or\n ``(C) otherwise carrying out business operations \n relating to covered products or covered services;\n ``(4) the term `covered product' means a product \n manufactured, assembled, designed, researched, imported, or \n distributed by a business entity that enters interstate \n commerce;\n ``(5) the term `covered service' means a service conducted \n or provided by a business entity that enters interstate \n commerce;\n ``(6) the term `responsible corporate officer' means a \n person who--\n ``(A) is an employer, director, or officer of a \n business entity;\n ``(B) has the responsibility and authority, by \n reason of his or her position in the business entity \n and in accordance with the rules or practice of the \n business entity, to acquire knowledge of any serious \n danger associated with a covered product (or component \n of a covered product), covered service, or business \n practice of the business entity; and\n ``(C) has the responsibility, by reason of his or \n her position in the business entity, to communicate \n information about the serious danger to--\n ``(i) an appropriate Federal agency;\n ``(ii) employees of the business entity; or\n ``(iii) individuals, other than employees \n of the business entity, who may be exposed to \n the serious danger;\n ``(7) the term `serious bodily injury' means an impairment \n of the physical condition of an individual, including as a \n result of trauma, repetitive motion, or disease, that--\n ``(A) creates a substantial risk of death; or\n ``(B) causes--\n ``(i) serious permanent disfigurement;\n ``(ii) unconsciousness;\n ``(iii) extreme pain; or\n ``(iv) permanent or protracted loss or \n impairment of the function of any bodily \n member, organ, bodily system, or mental \n faculty;\n ``(8) the term `serious danger' means a danger, not readily \n apparent to a reasonable person, that the normal or reasonably \n foreseeable use of, or the exposure of an individual to, a \n covered product, covered service, or business practice has an \n imminent risk of causing death or serious bodily injury to an \n individual; and\n ``(9) the term `warn affected employees' means take \n reasonable steps to give, to each individual who is exposed or \n may be exposed to a serious danger in the course of work for a \n business entity, a description of the serious danger that is \n sufficient to make the individual aware of the serious danger.\n``Sec. 2082. Failure to inform and warn\n ``(a) Requirement.--After acquiring actual knowledge of a serious \ndanger associated with a covered product (or component of a covered \nproduct), covered service, or business practice of a business entity, a \nbusiness entity and any responsible corporate officer with respect to \nthe covered product, covered service, or business practice, shall--\n ``(1) as soon as practicable and not later than 24 hours \n after acquiring such knowledge, verbally inform an appropriate \n Federal agency of the serious danger, unless the business \n entity or responsible corporate officer has actual knowledge \n that an appropriate Federal agency has been so informed;\n ``(2) not later than 15 days after acquiring such \n knowledge, inform an appropriate Federal agency in writing of \n the serious danger, unless the business entity or responsible \n corporate officer has actual knowledge than an appropriate \n Federal agency has been so informed;\n ``(3) as soon as practicable, warn affected employees in \n writing, unless the business entity or responsible corporate \n officer has actual knowledge that affected employees have been \n so warned; and\n ``(4) as soon as practicable, inform individuals, other \n than affected employees, who may be exposed to the serious \n danger of the serious danger if such individuals can reasonably \n be identified, unless the business entity or responsible \n corporate officer has actual knowledge that such individuals \n have been warned.\n ``(b) Penalty.--\n ``(1) In general.--Whoever knowingly violates subsection \n (a) shall be fined under this title, imprisoned for not more \n than 5 years, or both.\n ``(2) Prohibition of payment by business entities.--If a \n final judgment is rendered and a fine is imposed on an \n individual under this subsection, the fine may not be paid, \n directly or indirectly, out of the assets of any business \n entity on behalf of the individual.\n ``(c) Civil Action To Protect Against Retaliation.--\n ``(1) Prohibition.--It shall be unlawful to knowingly \n discriminate against any person in the terms or conditions of \n employment, in retention in employment, or in hiring because \n the person informed a Federal agency, warned employees, or \n informed other individuals of a serious danger associated with \n a covered product, covered service, or business practice, as \n required under this section.\n ``(2) Enforcement action.--\n ``(A) In general.--A person who alleges discharge \n or other discrimination by any person in violation of \n paragraph (1) may seek relief under paragraph (3), by--\n ``(i) filing a complaint with the Secretary \n of Labor; or\n ``(ii) if the Secretary has not issued a \n final decision within 180 days of the filing of \n the complaint and there is no showing that such \n delay is due to the bad faith of the claimant, \n bringing an action at law or equity for de novo \n review in the appropriate district court of the \n United States, which shall have jurisdiction \n over such an action without regard to the \n amount in controversy.\n ``(B) Procedure.--\n ``(i) In general.--An action under \n subparagraph (A)(i) shall be governed under the \n rules and procedures set forth in section \n 42121(b) of title 49.\n ``(ii) Exception.--Notification made under \n section 42121(b)(1) of title 49 shall be made \n to the person named in the complaint and to the \n employer.\n ``(iii) Burdens of proof.--An action \n brought under subparagraph (A)(ii) shall be \n governed by the legal burdens of proof set \n forth in section 42121(b) of title 49.\n ``(iv) Statute of limitations.--An action \n under subparagraph (A) shall be commenced not \n later than 180 days after the date on which the \n violation occurs, or after the date on which \n the employee became aware of the violation.\n ``(v) Jury trial.--A party to an action \n brought under subparagraph (A)(ii) shall be \n entitled to trial by jury.\n ``(3) Remedies.--\n ``(A) In general.--An employee prevailing in any \n action under paragraph (2)(A) shall be entitled to all \n relief necessary to make the employee whole.\n ``(B) Compensatory damages.--Relief for any action \n under subparagraph (A) shall include--\n ``(i) reinstatement with the same seniority \n status that the employee would have had, but \n for the discrimination;\n ``(ii) the amount of back pay, with \n interest; and\n ``(iii) compensation for any special \n damages sustained as a result of the \n discrimination, including litigation costs, \n expert witness fees, and reasonable attorney \n fees.\n ``(4) Rights retained by employee.--Nothing in this \n subsection shall be deemed to diminish the rights, privileges, \n or remedies of any employee under any Federal or State law, or \n under any collective bargaining agreement.\n ``(5) Nonenforceability of certain provisions waiving \n rights and remedies or requiring arbitration of disputes.--\n ``(A) Waiver of rights and remedies.--The rights \n and remedies provided for in this subsection may not be \n waived by any agreement, policy form, or condition of \n employment, including by a predispute arbitration \n agreement.\n ``(B) Predispute arbitration agreements.--No \n predispute arbitration agreement shall be valid or \n enforceable, if the agreement requires arbitration of a \n dispute arising under this subsection.\n``Sec. 2083. Relationship to existing law\n ``(a) Rights To Intervene.--Nothing in this chapter shall be \nconstrued to limit the right of any individual or group of individuals \nto initiate, intervene in, or otherwise participate in any proceeding \nbefore a regulatory agency or court, nor to relieve any regulatory \nagency, court, or other public body of any obligation, or affect its \ndiscretion to permit intervention or participation by an individual or \na group or class of consumers, employees, or citizens in any proceeding \nor activity.\n ``(b) Rule of Construction.--Nothing in this chapter shall be \nconstrued to--\n ``(1) increase the time period for informing of a serious \n danger or other harm under any other provision of law; or\n ``(2) limit or otherwise reduce the penalties for any \n violation of Federal or State law under any other provision of \n law.''.\n (b) Technical and Conforming Amendment.--The table of chapters for \npart I of title 18, United States Code, is amended by inserting after \nthe item relating to chapter 101 the following:\n\n``101A. Reporting standards................................ 2081''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall take effect on the date that is 1 year after the date of \nenactment of this Act.","summary":"Hide No Harm Act of 2015 This bill amends the federal criminal code to make it a crime for a business entity or business executive to knowingly conceal information about its business practices or products that pose an imminent risk of death or serious physical injury to consumers and workplace danger. Specific requirements are set forth for what a business entity or business executive must do after acquiring knowledge of a serious danger associated with its business practices or products. If such an entity or executive fails to warn affected employees and other individuals of a serious danger, they are subject to a fine andor prison term of five years. The bill makes it unlawful to knowingly discriminate or retaliate against an employee who warns other agencies or individuals of a serious danger associated with a product or service.","title":"Hide No Harm Act of 2015","text_len":12534,"sum_len":844} {"bill_id":"109_s1973","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Tax Rebate Act of 2005''.\n\n TITLE I--ENERGY TAX REBATE\n\nSEC. 101. ENERGY TAX REBATE.\n\n (a) In General.--Subchapter B of chapter 65 of the Internal Revenue \nCode of 1986 (relating to rules of special application in the case of \nabatements, credits, and refunds) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 6430. ENERGY TAX REBATE.\n\n ``(a) General Rule.--Except as otherwise provided in this section, \neach individual shall be treated as having made a payment against the \ntax imposed by chapter 1 for the taxable year beginning in 2005 in an \namount equal to the lesser of--\n ``(1) the amount of the taxpayer's liability for tax for \n such taxpayer's preceding taxable year, or\n ``(2) $500.\n ``(b) Liability for Tax.--For purposes of this section, the \nliability for tax for any taxable year shall be the excess (if any) \nof--\n ``(1) the sum of--\n ``(A) the taxpayer's regular tax liability (within \n the meaning of section 26(b)) for the taxable year,\n ``(B) the tax imposed by section 55(a) with respect \n to such taxpayer for the taxable year, and\n ``(C) the taxpayer's social security taxes (within \n the meaning of section 24(d)(2)) for the taxable year, \n over\n ``(2) the sum of the credits allowable under part IV of \n subchapter A of chapter 1 (other than the credits allowable \n under subpart C thereof, relating to refundable credits) for \n the taxable year.\n ``(c) Taxable Income Limitation.--\n ``(1) In general.--If the taxable income of the taxpayer \n for the preceding taxable year exceeds the maximum taxable \n income in the table under subsection (a), (b), (c), or (d) of \n section 1, whichever is applicable, to which the 25 percent \n rate applies, the dollar amount otherwise determined under \n subsection (a) for such taxpayer shall be reduced (but not \n below zero) by the amount of the excess.\n ``(2) Change in return status.--In the case of married \n individuals filing a joint return for the taxable year who did \n not file such a joint return for the preceding taxable year, \n paragraph (1) shall be applied by reference to the taxable \n income of both such individuals for the preceding taxable year.\n ``(d) Date Payment Deemed Made.--\n ``(1) In general.--The payment provided by this section \n shall be deemed made on the date of the enactment of the Energy \n Tax Rebate Act of 2005.\n ``(2) Remittance of payment.--The Secretary shall remit to \n each taxpayer the payment described in paragraph (1) not later \n than the date which is 30 days after the date specified in \n paragraph (1).\n ``(e) Certain Persons Not Eligible.--This section shall not apply \nto--\n ``(1) any individual with respect to whom a deduction under \n section 151 is allowable to another taxpayer for a taxable year \n beginning in the calendar year in which such individual's \n taxable year begins,\n ``(2) any estate or trust, or\n ``(3) any nonresident alien individual.''.\n (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United \nStates Code, is amended by inserting before the period ``, or enacted \nby the Energy Tax Rebate Act of 2005''.\n (c) Clerical Amendment.--The table of sections for subchapter B of \nchapter 65 of the Internal Revenue Code of 1986 is amended by adding at \nthe end the following new item:\n\n``Sec. 6430. Energy tax rebate.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\n TITLE II--LOW-INCOME HOME ENERGY ASSISTANCE\n\nSEC. 201. SENSE OF THE SENATE REGARDING FULL FUNDING FOR THE LOW-INCOME \n HOME ENERGY ASSISTANCE PROGRAM.\n\n It is the sense of the Senate that Congress should appropriate \n$5,100,000,000 for fiscal year 2006 and each subsequent fiscal year for \nthe Low-Income Home Energy Assistance Program, under section 2602(b) of \nthe Low-Income Home Energy Assistance Act of 1981.\n\n TITLE III--CONSUMER PROTECTIONS\n\nSEC. 301. UNFAIR OR DECEPTIVE ACTS OR PRACTICE IN COMMERCE RELATED TO \n PRICING OF PETROLEUM PRODUCTS.\n\n (a) Sales to Consumers at Unconscionable Price.--\n (1) In general.--It is unlawful for any person to sell \n crude oil, gasoline, or petroleum distillates at a price that--\n (A) is unconscionably excessive; or\n (B) indicates the seller is taking unfair advantage \n of circumstances to increase prices unreasonably.\n (2) Factors considered.--In determining whether a violation \n of paragraph (1) has occurred, there shall be taken into \n account, among other factors, whether--\n (A) the amount charge represents a gross disparity \n between the price fo the crude oil, gasoline, or \n petroleum distillate sold and the price at which it was \n offered for sale in the usual course of the seller's \n business immediately prior to the energy emergency; or\n (B) the amount charged grossly exceeds the price at \n which the same or similar crude oil, gasoline, or \n petroleum distillate was readily obtainable by other \n purchasers in the area to which the declaration \n applies.\n (3) Mitigating factors.--In determining whether a violation \n of paragraph (1) has occurred, there also shall be taken into \n account, among other factors, the price that would reasonably \n equate supply and demand in a competitive and freely \n functioning market and whether the price at which the crude \n oil, gasoline, or petroleum distillate was sold reasonably \n reflects additional costs, not within the control fo the \n seller, that were paid or incurred by the seller.\n (b) Prohibition Against Geographic Price-Setting and Territorial \nRestrictions.--\n (1) In general.--Except as provided in paragraph (2), it is \n unlawful for any person to--\n (A) set different prices for gasoline or petroleum \n distillates for different geographic locations; or\n (B) implement a territorial restriction with \n respect to gasoline or petroleum distillates.\n (2) Exceptions.--A person may set different prices for \n gasoline or petroleum distillates for different geographic \n locations or implement territorial restrictions with respect to \n gasoline or petroleum distillates only if the price differences \n or restrictions are sufficiently justified by--\n (A) differences in the cost of retail space where \n the gasoline or petroleum distillate is sold;\n (B) differences in the cost of transportation of \n gasoline or petroleum distillates from the refinery to \n the retail location;\n (C) differences in the cost of storage of gasoline \n or petroleum distillates at the retail location; or\n (D) differences in the formulation of the gasoline \n or petroleum distillates sold.\n (c) False Pricing Information.--It is unlawful for any person to \nreport information related to the wholesale price of crude oil, \ngasoline, or petroleum distillates to the Federal Trade Commission if--\n (1) that person knew, or reasonably should have known, the \n information to be false or misleading;\n (2) the information was required by law to be reported; and\n (3) the person intended the false or misleading data to \n affect data compiled by that department or agency for \n statistical or analytical purpose with respect to the market \n for crude oil, gasoline, or petroleum distillates.\n\nSEC. 302. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT.\n\n (a) Enforcement by Commission.--This title shall be enforced by the \nFederal Trade Commission. In enforcing section 301(a) of this title, \nthe Commission shall give priority to enforcement actions concerning \ncompanies with total United States wholesale or retail sales of crude \noil, gasoline, and petroleum distillates in excess of $500,000,000 per \nyear but shall not exclude enforcement actions against companies with \ntotal United States wholesale sales of $500,000,000 or less per year.\n (b) Violation Is Unfair or Deceptive Act or Practice.--The \nviolation of any provision of this title shall be treated as an unfair \nor deceptive act or practice proscribed under a rule issued under \nsection 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. \n57a(a)(1)(B)).\n\nSEC. 303. ENFORCEMENT BY STATE ATTORNEYS GENERAL.\n\n (a) In General.--A State, as parens patriae, may bring a civil \naction on behalf of its residents in an appropriate district court of \nthe United States to enforce the provisions of section 301(a), or to \nimpose the civil penalties authorized by section 304 for violations of \nsection 301(a), whenever the attorney general of the State has reason \nto believe that the interests of the residents of the State have been \nor are being threatened by such violation.\n (b) Notice.--The State shall serve written notice to the Commission \nof any civil action under subsection (a) prior to initiating such civil \naction. The notice shall include a copy of the complaint to be filed to \ninitiate such civil action, except that if it is not feasible for the \nState to provide such prior notice, the State shall provide such notice \nimmediately upon instituting such civil action.\n (c) Authority to Intervene.--Upon receiving the notice required by \nsubsection (b), the Commission may intervene in such civil action and \nupon intervening--\n (1) be heard on all matters arising in such civil action; \n and\n (2) file petitions for appeal of a decision in such civil \n action.\n (d) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this section shall prevent the attorney \ngeneral of a State from exercising the powers conferred on the attorney \ngeneral by the laws of such State to conduct investigations or to \nadminister oaths or affirmations or to compel the attendance of \nwitnesses or the production of documentary and other evidence.\n (e) Venue; Service of Process.--In a civil action brought under \nsubsection (a)--\n (1) the venue shall be a judicial district in which--\n (A) the defendant operates;\n (B) the defendant was authorized to do business; or\n (C) where the defendant in the civil action is \n found;\n (2) process may be served without regard to the territorial \n limits of the district or of the State in which the civil \n action is instituted; and\n (3) a person who participated with the defendant in an \n alleged violation that is being litigated in the civil action \n may be joined in the civil action without regard to the \n residence of the person.\n (f) Limitation on State Action While Federal Action Is Pending.--If \nthe Commission has instituted a civil action or an administrative \naction for violation of this title, no State attorney general, or \nofficial or agency of a State, may bring an action under this \nsubsection during the pendency of that action against any defendant \nnamed in the complain of the Commission or the other agency for any \nviolation of this title alleged in the complaint.\n (g) Enforcement of State Law.--Nothing contained in this section \nshall prohibit an authorized State official from proceeding in state \ncourt to enforce a civil or criminal statute of such State.\n\nSEC. 304. PENALTIES.\n\n (a) Civil Penalty.--\n (1) In general.--In addition to any penalty applicable \n under the Federal Trade Commission Act--\n (A) any person who violates section 301(c) of this \n title is punishable by a civil penalty of not more than \n $1,000,000; and\n (B) any person who violates section 301(a) or \n 301(b) of this title is punishable by a civil penalty \n of not more than $3,000,000.\n (2) Method of assessment.--The penalties provided by \n paragraph (1) shall be assessed in the same manner as civil \n penalties imposed under section 5 of the Federal Trade \n Commission Act (15 U.S.C. 45).\n (3) Multiple offenses; mitigating factors.--In assessing \n the penalty provided by subsection (a)--\n (A) each day of a continuing violation shall be \n considered a separate violation; and\n (B) the Commission shall take into consideration \n the seriousness of the violation and the efforts of the \n person committing the violation to remedy the harm \n caused by the violation in a timely manner.\n (b) Criminal Penalty.--Violation of section 301(a) of this title is \npunishable by a fine of not more than $1,000,000, imprisonment for not \nmore than 5 years, or both.\n\nSEC. 305. EFFECT ON OTHER LAWS.\n\n (a) Other Authority of Commission.--Nothing in this title shall be \nconstrued to limit or affect in any way the Commission's authority to \nbring enforcement actions or take any other measure under the Federal \nTrade Commission Act (15 U.S.C. 41 et seq.) or any other provision of \nlaw.\n (b) State Law.--Nothing in this title preempts any State law.\n\nSEC. 306. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM \n DISTILLATES.\n\n (a) In General.--The Federal Trade Commission shall facilitate \nprice transparency in markets for the sale of crude oil and essential \npetroleum products at wholesale, having due regard for the public \ninterest, the integrity of those markets, fair competition, and the \nprotection of consumers.\n (b) Marketplace Transparency.--\n (1) Dissemination of information.--In carrying out this \n section, the Commission shall provide by rule for the \n dissemination, on a timely basis, of information about the \n availability and prices of wholesale crude oil, gasoline, and \n petroleum distillates to the Commission, States, wholesale \n buyers and sellers, and the public.\n (2) Protection of public from anticompetitive activity.--In \n determining the information to be made available under this \n section and time to make the information available, the \n Commission shall seek to ensure that consumers and competitive \n markets are protected from the adverse effects of potential \n collusion or other anticompetitive behaviors that can be \n facilitated by untimely public disclosure of transaction-\n specific information.\n (3) Protection of market mechanisms.--The Commission shall \n withhold from public disclosure under this section any \n information the Commission determines would, if disclosed, be \n detrimental to the operation of an effective market or \n jeopardize security.\n (c) Information Sources.--\n (1) In general.--In carrying out subsection (b), the \n Commission may--\n (A) obtain information from any market participant; \n and\n (B) rely on entities other than the Commission to \n receive and make public the information, subject to the \n disclosure rules in subsection (b)(3).\n (2) Published data.--In carrying out this section, the \n Commission shall--\n (A) consider the degree of price transparency \n provided by existing price publishers and providers of \n trade processing services; and\n (B) rely on such publishers and services to the \n maximum extent practicable.\n (3) Electronic information systems.--\n (A) In general.--The Commission may establish an \n electronic information system if the Commission \n determines that existing price publications are not \n adequately providing price discovery or market \n transparency.\n (B) Electronic information filing requirements.--\n Nothing in this section affects any electronic \n information filing requirements in effect under this \n title as of the date of enactment of this Act.\n (4) De minimus exception.--The Commission may not require \n entities who have a de minimus market presence to comply with \n the reporting requirements of this section.\n (d) Cooperation With Other Federal Agencies.--\n (1) Memorandum of understanding.--Not later 180 days after \n the date of enactment of this Act, the Commission shall \n conclude a memorandum of understanding with the Commodity \n Futures Trading Commission and other appropriate agencies (if \n applicable) relating to information sharing, which shall \n include provisions--\n (A) ensuring that information requests to markets \n within the respective jurisdiction of each agency are \n properly coordinated to minimize duplicative \n information requests; and\n (B) regarding the treatment of proprietary trading \n information.\n (2) CFTC jurisdiction.--Nothing in this section limits or \n affects the exclusive jurisdiction of the Commodity Futures \n Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 \n et seq.).\n (e) Rulemaking.--Not later than 180 days after the date of \nenactment of this Act, the Commission shall initiate a rulemaking \nproceeding to establish such rules as the Commission determines to be \nnecessary and appropriate to carry out this section.","summary":"Energy Tax Rebate Act of 2005 - Amends the Internal Revenue Code to provide a formula for an energy tax rebate to eligible individuals for the taxable year beginning in 2005. Expresses the sense of the Senate that Congress should appropriate $5.1 billion for FY2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program (LIHEAP) under the Low-Income Home Energy Assistance Act of 1981. Declares it is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that: (1) is unconscionably excessive. Or (2) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. Prohibits geographic price-setting and territorial restrictions. Empowers the Federal Trade Commission (FTC) and the State Attorneys General to enforce this Act. Sets forth civil and criminal penalties for violations of this Act. Directs the FTC to: (1) facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale. (2) seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information. And (3) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing.","title":"A bill to provide an immediate Federal income tax rebate to help taxpayers with higher fuel costs, to express the sense of the Senate regarding full funding of LIHEAP, and to provide consumer protections against fuel price gouging, and for other purposes.","text_len":18603,"sum_len":1432} {"bill_id":"103_s10","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flexible Family Leave Tax Credit Act \nof 1993''.\n\n TITLE I--FAMILY LEAVE CREDIT\n\nSEC. 101. CREDIT CREATED.\n\n Subpart D of part IV of subchapter A of chapter 1 of the Internal \nRevenue Code of 1986 (relating to business related credits) is amended \nby adding at the end the following new section:\n\n``SEC. 45A. FAMILY LEAVE CREDIT.\n\n ``(a) Amount of Credit.--\n ``(1) In general.--For purposes of section 38, the amount \n of the family leave credit for any employer for any taxable \n year is 20 percent of the qualified compensation with respect \n to an employee who is on family leave.\n ``(2) Limitations on availability and amount of credit.--\n ``(A) Fewer than 500 employees.--An employer is not \n entitled to a family leave credit for any taxable year \n unless--\n ``(i) in the case of an employer that is in \n its first taxable year, the employer had fewer \n than 500 employees at the close of that year, \n and\n ``(ii) in the case of other employers, the \n employer averaged fewer than 500 employees for \n its preceding taxable year.\n An employer is considered to average fewer than 500 \n employees for a taxable year if the sum of its \n employees on the last day of each quarter in that year \n divided by the number of quarters is fewer than 500.\n ``(B) Dollar cap on qualified compensation.--The \n amount of qualified compensation that may be taken into \n account with respect to an employee may not exceed $100 \n per business day.\n ``(C) Maximum period of family leave.--No family \n leave credit will be available to the extent that the \n period of family leave for an employee exceeds 12 \n weeks, defined as 60 business days, in any 12-month \n period.\n ``(D) Additional limitation on leave for personal \n serious health conditions.--Leave from an employer in \n connection with a qualified purpose described in \n subsection (b)(2)(D) will qualify as family leave only \n if the employee on leave has no unused sick, disability \n or similar leave.\n ``(b) Family Leave.--For purposes of this section--\n ``(1) In general.--Except as otherwise provided in this \n section, an employee is considered to be on `family leave' if \n the employee is on leave from the employer in connection with \n any qualified purpose.\n ``(2) Qualified purposes.--The term `qualified purposes' \n means--\n ``(A) the birth of a child,\n ``(B) the placement of a child with the employee \n for adoption or foster care,\n ``(C) the care of a child, parent or spouse with a \n serious health condition, or\n ``(D) the treatment of a serious health condition \n which makes the employee unable to perform the \n functions of his or her position.\n ``(3) Definitions of child, parent and serious health \n condition.--\n ``(A) Child.--The term `child' means an individual \n who is a son, stepson, daughter, stepdaughter, eligible \n foster child as described in sections 32(c)(3)(B)(iii) \n (I) and (II), or legal ward of the employee or \n employee's spouse, or a child of a person standing in \n loco parentis and who either has not reached the age of \n 19 by the commencement of the period of family leave or \n is physically or mentally incapable of caring for \n himself or herself.\n ``(B) Parent.--The term `parent' means an \n individual with respect to whom the employee would be \n considered a `child' within the meaning of subsection \n (b)(2)(A) without regard to the age limitation.\n ``(C) Serious health condition.--The term `serious \n health condition' means an illness, injury, impairment, \n or physical or mental condition that involves the \n inpatient care in a hospital, hospice or residential \n health care facility, or substantial and continuing \n treatment by a health care provider.\n ``(c) Credit Refundable.--In the case of so much of the section 38 \ncredit as is attributable to the family leave credit--\n ``(1) section 38(c) will not apply, and\n ``(2) for purposes of this section, such credit will be \n treated as if it were allowed under section 103 of the Flexible \n Family Leave Tax Credit Act of 1993.\n ``(d) Nondiscrimination Requirement.--The family leave credit is \navailable to an employer for a taxable year only if the employer \nprovides family leave to its employees for that year on a \nnondiscriminatory basis.\n ``(e) Other Definitions and Special Rules.--\n ``(1) In general.--For purposes of this section--\n ``(A) Employer.--Except as otherwise provided in \n this subpart, the term `employer' has the meaning \n provided by section 3306(a)(1) and (3).\n ``(B) Employee.--The term `employee' includes only \n permanent employees who have been employed by the \n employer for at least 12 months and have provided over \n 1000 hours of service to the employer during the 12 \n months preceding commencement of the family leave.\n ``(C) Qualified compensation.--The term `qualified \n compensation' means the greater of--\n ``(i) cash wages paid or incurred by the \n employer to or on behalf of the employee as \n remuneration for services during the period of \n family leave, and\n ``(ii) cash wages that would have been paid \n or incurred by the employer to or on behalf of \n the employee as remuneration for services \n during the period of family leave had the \n employee not taken the leave.\n ``(D) Computation.--For purposes of subsection \n (e)(1)(C)(ii), the amount of cash wages that would have \n been paid to the employee for any business day the \n employee is on family leave is the average daily cash \n wages of that employee for the four calendar quarters \n preceding the commencement of the family leave.\n ``(E) Average daily cash wages.--For purposes of \n the computation described in subsection (e)(1)(D), an \n employee's average daily cash wages is his or her total \n cash wages for the period described in such subsection \n divided by the number of business days in that period.\n ``(F) Business day.--The term `business day' \n includes any day other than a Saturday, Sunday or legal \n holiday.\n ``(2) Employment and benefits protection.--\n ``(A) In general.--Leave taken under this section \n shall qualify an employer for a family leave credit \n only if--\n ``(i) upon return from such leave, the \n employee is entitled to be restored by the \n employer to the position of employment held by \n the employee when the leave commenced, or to be \n restored to an equivalent position with \n equivalent employment benefits, pay, and other \n terms and conditions of employment;\n ``(ii) the taking of such leave does not \n result in the loss of any employment benefit \n accrued prior to the date on which the leave \n commenced; and\n ``(iii) the employer maintains coverage \n under any `group health plan' (as defined in \n section 5000(b)(1)) for the duration of such \n leave, at the level and under the conditions \n coverage would have been provided if the \n employee had continued in employment \n continuously during the leave period.\n ``(B) Limitation.--Nothing in this paragraph shall \n be construed to require an employer, as a condition of \n qualifying for a family leave credit, to entitle any \n employee taking leave to--\n ``(i) the accrual of any seniority or \n employment benefits during any period of leave; \n or\n ``(ii) any right, benefit, or position of \n employment other than any right, benefit, or \n position to which the employee would have been \n entitled had the employee not taken the leave.\n ``(3) Expectation that employee will return to work.--No \n family leave credit will be available for any portion of a \n period of family leave during which the employer does not \n reasonably believe that the employee will return from leave to \n work for the employer.\n ``(4) Special rules.--Rules similar to the rules of section \n 52 shall apply for purposes of this section.\n ``(5) Regulatory authority.--The Secretary may prescribe \n such regulations or other guidance as may be necessary or \n appropriate to carry out the purposes of this section, \n including guidance relating to ensuring adequate employment and \n benefits protection and guidance to prevent abuse of this \n section.''.\n\nSEC. 102. COORDINATION WITH REFUND PROVISION.\n\n For purposes of section 1324(b)(2) of title 31 of the United States \nCode, section 45A of the Internal Revenue Code of 1986 (as added by \nthis Act) will be considered to be a credit provision of the Internal \nRevenue Code of 1954 enacted before January 1, 1978.\n\nSEC. 103. CONFORMING AMENDMENTS.\n\n (a) Section 38 is amended by deleting the ``plus'' after subsection \n(b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after \nsubsection (b)(8), and by adding a new subsection (b)(9) to read as \nfollows:\n ``(9) the family leave credit under section 45A.''\n (b) The table of sections for subpart D of part IV of subchapter A \nof chapter 1 is amended by adding at the end the following new item:\n\n``Sec. 45A. Family leave credit.''\n\nSEC. 104. EFFECTIVE DATE.\n\n The amendments made by this title shall apply to family leave that \ncommences 90 days after the date of the enactment of this Act.\n\n TITLE II--DEFICIT NEUTRAL REVENUE OFFSET\n\nSEC. 201. CORPORATE ESTIMATED TAX PROVISIONS.\n\n (a) Increase in Estimated Tax.--\n (1) In general.--Subsection (d) of section 6655 of the \n Internal Revenue Code of 1986 (relating to amount of required \n installments) is amended--\n (A) by striking ``91 percent'' each place it \n appears in paragraph (1)(B)(i) and inserting ``100 \n percent'',\n (B) by striking ``91 percent'' in the heading of \n paragraph (2) and inserting ``100 percent'', and\n (C) by striking paragraph (3).\n (2) Conforming amendments.--\n (A) Clause (ii) of section 6655(e)(2)(B) of such \n Code is amended by striking the table contained therein \n and inserting the following new table:\n \n The\n ``In the case of the following\n applicable\n required installments:\n percentage is:\n 1st...................... 254\n 2nd...................... 504\n 3rd...................... 754\n 4th...................... 100.''\n\n (B) Clause (i) of section 6655(e)(3)(A) of such \n Code is amended by striking ``91 percent'' and \n inserting ``100 percent''.\n (b) Modification of Periods for Applying Annualization.--\n (1) Clause (i) of section 6655(e)(2)(A) of such Code is \n amended--\n (A) by striking ``or for the first 5 months'' in \n subclause (II),\n (B) by striking ``or for the first 8 months'' in \n subclause (III), and\n (C) by striking ``or for the first 11 months'' in \n subclause (IV).\n (2) Paragraph (2) of section 6655(e) of such Code is \n amended by adding at the end thereof the following new \n subparagraph:\n ``(C) Election for different annualization \n periods.--\n ``(i) If the taxpayer makes an election \n under this clause--\n ``(I) subclause (II) of \n subparagraph (A)(i) shall be applied by \n substituting `4 months' for `3 months',\n ``(II) subclause (III) of \n subparagraph (A)(i) shall be applied by \n substituting `7 months' for `6 months', \n and\n ``(III) subclause (IV) of \n subparagraph (A)(i) shall be applied by \n substituting `10 months' for `9 \n months'.\n ``(ii) If the taxpayer makes an election \n under this clause--\n ``(I) subclause (II) of \n subparagraph (A)(i) shall be applied by \n substituting `5 months' for `3 months',\n ``(II) subclause (III) of \n subparagraph (A)(i) shall be applied by \n substituting `8 months' for `6 months', \n and\n ``(III) subclause (IV) of \n subparagraph (A)(i) shall be applied by \n substituting `11 months' for `9 \n months'.\n ``(iii) An election under clause (i) or \n (ii) shall apply to the taxable year for which \n made and such an election shall be effective \n only if made on or before the date required for \n the payment of the second required installment \n for such taxable year.''\n (3) The last sentence of section 6655(g)(3) of such Code is \n amended by striking ``and subsection (e)(2)(A)'' and inserting \n ``and, except in the case of an election under subsection \n (e)(2)(C), subsection (e)(2)(A)''.\n (c) Effective Date.--The amendments made by this section shall \napply to any installment due date occurring more than 90 days after the \ndate of enactment of this Act.","summary":"Flexible Family Leave Tax Credit Act of 1993 - Title I: Family Leave Credit - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave. Provides that employees qualify for such program if they have no unused sick, disability, or similar leave. Title II: Deficit Neutral Revenue Offset - Increases corporate estimated tax payments for corporations that do not use the previous year's liability safe harbor. Modifies the rules for income annualization for such tax payments.","title":"Flexible Family Leave Tax Credit Act of 1993","text_len":16436,"sum_len":740} {"bill_id":"109_hr5969","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prescription Coverage Now Act of \n2006''.\n\nSEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION \n DRUG PROGRAM.\n\n (a) In General.--Section 1860D-14 of the Social Security Act (42 \nU.S.C. 1395w-114) is amended by adding at the end the following new \nsubsection:\n ``(e) Expedited Application and Eligibility Process.--\n ``(1) Expedited process.--\n ``(A) In general.--The Secretary shall provide for \n an expedited process under this subsection for the \n qualification for low-income assistance under this \n section through a request by the Secretary to the \n Secretary of the Treasury as provided in subparagraphs \n (B) and (C) for information sufficient to identify \n whether the individual involved is likely eligible for \n subsidies under this section based on such information \n and the amount of premium and cost-sharing subsidies \n for which they would qualify based on such information. \n Such process shall be conducted in cooperation with the \n Commissioner of Social Security.\n ``(B) Opt in for newly eligible individuals.--Not \n later than 60 days after the date of the enactment of \n this subsection, the Secretary shall ensure that, as \n part of the Medicare enrollment process, enrolling \n individuals--\n ``(i) receive information describing the \n low-income subsidy provided under this section; \n and\n ``(ii) are provided the opportunity to opt-\n in to the expedited process described in this \n subsection by giving consent for the Secretary \n to screen the beneficiary for eligibility for \n such subsidy through a request to the Secretary \n of the Treasury under section 6103(l)(7) of the \n Internal Revenue Code of 1986.\n ``(C) Transition for currently eligible \n individuals.--In the case of any part D eligible \n individual to which subparagraph (B) did not apply at \n the time of such individual's enrollment, the Secretary \n shall, as soon as practicable after implementation of \n subparagraph (B), request in writing that the Secretary \n of the Treasury disclose, pursuant to section \n 6103(l)(21) of the Internal Revenue Code of 1986, \n whether such individual has either filed no income tax \n return or whether such individual's income tax return \n indicates likely eligibility for the low-income subsidy \n provided under this section.\n ``(2) Notification of potentially eligible individuals.--\n Under such process, in the case of each individual identified \n under paragraph (1) who has not otherwise applied for, or been \n determined eligible for, benefits under this section (or who \n has applied for and been determined ineligible for such \n benefits based only on excess resources), the Secretary shall \n send them a letter (using basic, uncomplicated language) \n containing the following:\n ``(A) Eligibility.--A statement that, based on the \n information obtained under paragraph (1), the \n individual is likely eligible for low-income subsidies \n under this section.\n ``(B) Amount of subsidies.--A description of the \n amount of premium and cost-sharing subsidies under this \n section for which the individual would likely be \n eligible based on such information.\n ``(C) Enrollment opportunity.--In case the \n individual is not enrolled in a prescription drug plan \n or MA-PD plan--\n ``(i) a statement that--\n ``(I) the individual has the \n opportunity to enroll in a prescription \n drug plan or MA-PD plan for benefits \n under this part, but is not required to \n be so enrolled; and\n ``(II) if the individual has \n creditable prescription drug coverage, \n the individual need not so enroll;\n ``(ii) a list of the prescription drug \n plans and MA-PD plans in which the individual \n is eligible to enroll;\n ``(iii) an enrollment form that may be used \n to enroll in such a plan by mail and that \n provides that if the individual wishes to \n enroll but does not designate a plan, the \n Secretary is authorized to enroll the \n individual in such a prescription drug plan \n selected by the Secretary; and\n ``(iv) a statement that the individual may \n also enroll online or by telephone, but, in \n order to qualify for low-income subsidies, the \n individual must complete the attestation \n described in subparagraph (D) or otherwise \n apply for such subsidies.\n ``(D) Attestation.--A one-page application form \n that provides for a signed attestation, under penalty \n of law, as to the amount of income and assets of the \n individual and constitutes an application for the low-\n income subsidies described in subparagraph (B). Such \n form--\n ``(i) shall not require the submittal of \n additional documentation regarding income or \n assets;\n ``(ii) shall permit the appointment of a \n personal representative described in paragraph \n (6); and\n ``(iii) may provide for the specification \n of a language (other than English) that is \n preferred for subsequent communications with \n respect to the individual under this part.\n ``(E) Information on ship.--Information on how the \n individual may contact the State Health Insurance \n Assistance Program (SHIP) for the State in which the \n individual is located in order to obtain assistance \n regarding enrollment and benefits under this part.\n If a State is doing its own outreach to low-income seniors \n regarding enrollment and low-income subsidies under this part, \n such process shall be coordinated with the State's outreach \n effort.\n ``(3) Follow-up communications.--If the individual does not \n respond to the letter described in paragraph (2) either by \n making an enrollment described in paragraph (2)(C), completing \n an attestation described in paragraph (2)(D), or declining \n either or both, the Secretary shall make additional attempts to \n contact the individual to obtain such an affirmative response.\n ``(4) Hold-harmless.--Under such process, if an individual \n in good faith and the absence of fraud executes an attestation \n described in paragraph (2)(D) and is provided low-income \n subsidies under this section on the basis of such attestation, \n if the individual is subsequently found not eligible for such \n subsidies, there shall be no recovery made against the \n individual because of such subsidies improperly paid.\n ``(5) Use of authorized representative.--Under such \n process, with proper authorization (which may be part of the \n attestation form described in paragraph (2)(D)), an individual \n may authorize another individual to act as the individual's \n personal representative with respect to communications under \n this part and the enrollment of the individual under a \n prescription drug plan (or MA-PD plan) and for low-income \n subsidies under this section.\n ``(6) Use of preferred language in subsequent \n communications.--In the case an attestation described in \n paragraph (2)(D) is completed and in which a language other \n than English is specified under clause (iii) of such paragraph, \n the Secretary shall provide that subsequent communications to \n the individual under this part shall be in such language.\n ``(7) Construction.--Nothing in this subsection shall be \n construed as precluding the Secretary from taking additional \n outreach efforts to enroll eligible individuals under this part \n and to provide low-income subsidies to eligible individuals.''.\n (b) Transitional Disclosure of Return Information for Purposes of \nProviding Low-Income Subsidies Under Medicare.--\n (1) In general.--Subsection (l) of section 6103 of the \n Internal Revenue Code of 1986 is amended by adding at the end \n the following new paragraph:\n ``(21) Transitional disclosure of return information for \n purposes of providing low-income subsidies under medicare.--\n ``(A) In general.--The Secretary, upon written \n request from the Secretary of Health and Human Services \n under section 1860D-14(e)(1) of the Social Security Act \n for an individual described in subparagraph (C) of such \n section, shall disclose to officers and employees of \n the Department of Health and Human Services and the \n Social Security Administration with respect to a \n taxpayer for the applicable year--\n ``(i)(I) whether the adjusted gross income, \n as modified in accordance with specifications \n of the Secretary of Health and Human Services \n for purposes of carrying out such section, of \n such taxpayer and, if applicable, such \n taxpayer's spouse, for the applicable year, \n exceeds the amounts specified by the Secretary \n of Health and Human Services as indicating \n likely eligibility for the low-income subsidy \n provided under section 1860D-14 of such Act,\n ``(II) whether the return was a joint \n return, and\n ``(III) the applicable year, or\n ``(ii) if applicable, the fact that there \n is no return filed for such taxpayer for the \n applicable year.\n ``(B) Definition of applicable year.--For the \n purposes of this paragraph, the term `applicable year' \n means the most recent taxable year for which \n information is available in the Internal Revenue \n Service's taxpayer data information systems, or, if \n there is no return filed for such taxpayer for such \n year, the prior taxable year.\n ``(C) Restriction on use of disclosed \n information.--Return information disclosed under this \n paragraph may be used only for the purposes of \n identifying eligible individuals for, and \n administering--\n ``(i) low-income subsidies under section \n 1860D-14 of the Social Security Act, and\n ``(ii) the Medicare Savings Program \n implemented under clauses (i), (iii), and (iv) \n of section 1902(a)(10)(E) of such Act.\n ``(D) Termination.--Return information may not be \n disclosed under this paragraph after the date that is \n one year after the date of the enactment of this \n paragraph.''.\n (2) Confidentiality.--Paragraph (3) of section 6103(a) of \n such Code is amended by striking ``or (20)'' and inserting \n ``(20), or (21)''.\n (3) Procedures and recordkeeping related to disclosures.--\n Paragraph (4) of section 6103(p) of such Code is amended by \n striking ``or (20)'' each place it appears and inserting \n ``(20), or (21)''.\n (4) Unauthorized disclosure or inspection.--Paragraph (2) \n of section 7213(a) of such Code is amended by striking ``or \n (20)'' and inserting ``(20), or (21)''.\n\nSEC. 3. INCREASE IN PERMITTED RESOURCES TO OBTAIN LOW-INCOME SUBSIDIES.\n\n (a) Increase in Resource Limits.--Subparagraph (E) of section \n1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395ww-114(a)(3)) \nis amended--\n (1) in subclause (I), by striking ``for 2006'' and \n inserting ``for months in 2006 before the first day of the \n first month beginning after the date of the enactment of the \n Prescription Drug Now Act of 2006'' and by striking ``and'' at \n the end;\n (2) by redesignating subclause (II) as subclause (III);\n (3) by inserting after subclause (I) the following new \n subclause:\n ``(II) for months in 2006 beginning \n with the first month that begins after \n the date of the enactment of the \n Prescription Drug Now Act of 2006, \n $50,000 (or $100,000 in the case of the \n combined value of the individual's \n assets or resources and the assets or \n resources of the individual's spouse); \n and''; and\n (4) in the last sentence, by striking ``subclause (II)'' \n and inserting ``subclause (III)''.\n (b) Not Counting Value of Life Insurance as Resource.--Such section \nis further amended--\n (1) in subparagraphs (D) and (E), by inserting ``, except \n as provided in subparagraph (G)'' after ``supplemental security \n income program''; and\n (2) by adding at the end the following new subparagraph:\n ``(G) Exclusion of life insurance in resources.--\n For purposes of subparagraphs (D) and (E), the value of \n a life insurance policy shall not be counted as a \n resource for months beginning after the date of the \n enactment of this subparagraph.''.\n\nSEC. 4. WAIVER OF LATE ENROLLMENT PENALTY FOR SUBSIDY ELIGIBLE \n INDIVIDUALS FOR FIRST 24 MONTHS OF NON-ENROLLMENT.\n\n Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. \n1395w-113(b)(3)(B)) is amended by inserting before the period at the \nend the following: ``, except that in the case of a subsidy eligible \nindividual (as defined in section 1860D-14(a)(3)(A)) the first 24 \nuncovered months shall not be counted''.","summary":"Prescription Coverage Now Act of 2006 - Amends part D of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Service to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information sufficient to identify: (1) whether the individual involved is likely eligible for subsidies. And (2) the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Increases the maximum permissible resource level for subsidy eligibility. Waives the late enrollment penalty for subsidy-eligible individuals for the first 24 months of non-enrollment.","title":"To amend part D of title XVIII of the Social Security Act to assist low-income individuals in obtaining subsidized prescription drug coverage under the Medicare prescription drug program by expediting the application and qualification process, by increasing the maximum permissible resource level for eligibility for such subsidies, and by waiving any late enrollment penalty for the first 24 uncovered months.","text_len":15977,"sum_len":722} {"bill_id":"112_hr1959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pain at the Pump Act''.\n\n TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES\n\nSEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by striking section 43 \n(and the table of sections of such subpart is amended by striking the \nitem relating to such section).\n (b) Conforming Amendments.--\n (1) Subsection (b) of section 38 of such Code is amended by \n striking paragraph (6) and redesignating paragraphs (7) through \n (36) as paragraphs (6) through (35), respectively.\n (2) Paragraph (7) of section 45Q(d) of such Code is amended \n to read as follows:\n ``(7) Inflation adjustment.--\n ``(A) In general.--In the case of any taxable year \n beginning in a calendar year after 2009, there shall be \n substituted for each dollar amount contained in \n subsection (a) an amount equal to the product of--\n ``(i) such dollar amount, multiplied by\n ``(ii) the inflation adjustment factor for \n such calendar year.\n ``(B) Inflation adjustment factor.--The term \n `inflation adjustment factor' means, with respect to \n any calendar year, a fraction the numerator of which is \n the GNP implicit price deflator for the preceding \n calendar year and the denominator of which is the GNP \n implicit price deflator for 2008. For purposes of the \n preceding sentence, the term `GNP implicit price \n deflator' means the first revision of the implicit \n price deflator for the gross national product as \n computed and published by the Secretary of Commerce. \n Not later than April 1 of any calendar year, the \n Secretary shall publish the inflation adjustment factor \n for the preceding calendar year.''.\n (3) Subsection (c) of section 196 of such Code is amended \n by striking paragraph (5) and redesignating paragraphs (6) \n through (14) as paragraphs (5) through (13), respectively.\n (c) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n taxable years beginning after December 31, 2011.\n (2) Continuation of basis reductions.--Paragraph (2) of \n section 43(d) of the Internal Revenue Code of 1986 (as in \n effect before its repeal by this section) shall continue to \n apply with respect to credits determined for taxable years \n beginning on or before December 31, 2011.\n\nSEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL \n WELLS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by striking section 45I \n(and the table of sections of such subpart is amended by striking the \nitem relating to such section).\n (b) Conforming Amendment.--Subsection (b) of section 38 of such \nCode, as amended by section 101, is amended by striking paragraph (18) \nand redesignating paragraphs (19) through (35) as paragraphs (18) \nthrough (34), respectively.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\nSEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT \n COSTS.\n\n (a) In General.--Section 263 of the Internal Revenue Code of 1986 \nis amended by striking subsection (c).\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by striking section 193 (and \nthe table of sections of such subpart is amended by striking the item \nrelating to such section).\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\nSEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING \n INTERESTS IN OIL AND GAS PROPERTIES.\n\n (a) In General.--Paragraph (3) of section 469(c) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nsubparagraph:\n ``(C) Termination.--Subparagraph (A) shall not \n apply with respect to any taxable year beginning after \n the date of the enactment of this Act.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.\n\n (a) In General.--Part I of subchapter I of chapter 1 of the \nInternal Revenue Code of 1986 is amended by striking section 613A (and \nthe table of sections of such part is amended by striking the item \nrelating to such section).\n (b) Conforming Amendments.--\n (1) Subsection (d) of section 45H of such Code is amended--\n (A) by striking ``For purposes this section'' and \n inserting the following:\n ``(1) In general.--For purposes of this section'',\n (B) by striking ``(within the meaning of section \n 613A(d)(3))'', and\n (C) by adding at the end the following new \n paragraph:\n ``(2) Related person.--For purposes of this subsection, a \n person is a related person with respect to the taxpayer if a \n significant ownership interest in either the taxpayer or such \n person is held by the other, or if a third person has a \n significant ownership interest in both the taxpayer and such \n person. For purposes of the preceding sentence, the term \n `significant ownership interest' means--\n ``(A) with respect to any corporation, 5 percent or \n more in value of the outstanding stock of such \n corporation,\n ``(B) with respect to a partnership, 5 percent or \n more interest in the profits or capital of such \n partnership, and\n ``(C) with respect to an estate or trust, 5 percent \n or more of the beneficial interests in such estate or \n trust.\n For purposes of determining a significant ownership interest, \n an interest owned by or for a corporation, partnership, trust, \n or estate shall be considered as owned directly both by itself \n and proportionately by its shareholders, partners, or \n beneficiaries, as the case may be.''.\n (2) Subparagraph (F) of section 56(g)(4) of such Code is \n amended to read as follows:\n ``(F) Depletion.--The allowance for depletion with \n respect to any property placed in service in a taxable \n year beginning after December 31, 1989, shall be cost \n depletion determined under section 611.''.\n (3) Paragraph (1) of section 57(a) of such Code is amended \n by striking the last sentence.\n (4) Paragraph (4) of section 291(b) of such Code is amended \n by adding at the end the following: ``Any reference in the \n preceding sentence to section 613A shall be treated as a \n reference to such section as in effect prior to the date of the \n enactment of the Pain at the Pump Act.''.\n (5) Subsection (d) of section 613 of such Code is amended \n by striking ``Except as provided in section 613A, in the case \n of'' and inserting ``In the case of''.\n (6) Subsection (e) of section 613 of such Code is amended--\n (A) by striking ``or section 613A'' in paragraph \n (2), and\n (B) by striking ``any amount described in section \n 613A(d)(5)'' in paragraph (3) and inserting ``any lease \n bonus, advance royalty, or other amount payable without \n regard to production from property''.\n (7) Subsection (a) of section 705 of such Code is amended--\n (A) by inserting ``and'' at the end of paragraph \n (1)(C),\n (B) by striking ``; and'' at the end of paragraph \n (2)(B) and inserting a period, and\n (C) by striking paragraph (3).\n (8) Section 776 of such Code is amended by striking \n subsection (a) and by redesignating subsection (b) as \n subsection (a).\n (9) Subparagraph (D) of section 954(g)(2) of such Code is \n amended by inserting ``(as in effect before the date of the \n enactment of the Pain at the Pump Act)'' after ``section \n 613A''.\n (10) Subparagraph (C) of section 993(c)(2) of such Code is \n amended by striking ``section 613 or 613A'' and inserting \n ``section 613 (determined without regard to subsection (d) \n thereof)''.\n (11) Subparagraph (D) of section 1202(e)(3) of such Code is \n amended by striking ``section 613 or 613A'' and inserting \n ``section 613 (determined without regard to subsection (d) \n thereof)''.\n (12) Paragraph (2) of section 1367(a) of such Code is \n amended by inserting ``and'' at the end of subparagraph (C), by \n striking ``, and'' at the end of subparagraph (D) and inserting \n a period, and by striking subparagraph (E).\n (13) Subsection (c) of section 1446 of such Code is amended \n by striking paragraph (2) and by redesignating paragraph (3) as \n paragraph (2).\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2011.\n\nSEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION \n ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS \n ACTIVITIES.\n\n (a) In General.--Subparagraph (B) of section 199(c)(4) of the \nInternal Revenue Code of 1986 is amended by striking ``and'' at the end \nof clause (ii), by striking the period at the end of clause (iii) and \ninserting ``, and'', and by inserting after clause (iii) the following \nnew clause:\n ``(iv) the production, refining, \n processing, transportation, or distribution of \n oil, gas, or any primary product thereof.''.\n (b) Conforming Amendment.--Subsection (d) of section 199 of such \nCode is amended by striking paragraph (9) and by redesignating \nparagraph (10) as paragraph (9).\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\nSEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL \n EXPENDITURES.\n\n (a) In General.--Subsection (h) of section 167 of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``24-month'' in paragraphs (1) and (4) and \n inserting ``7-year'', and\n (2) by striking paragraph (5).\n (b) Effective Date.--The amendments made by this section shall \napply to expenses paid or incurred after December 31, 2011.\n\n TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS\n\nSEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS.\n\n It is the sense of Congress that the increase in revenue to the \nFederal Government resulting from the provisions of, and amendments \nmade by, title I should be used to make additional expenditures in the \nfollowing areas and programs:\n (1) Alternative fuel technology programs.\n (2) Advanced battery development programs.\n (3) Programs of the Advanced Research Projects Agency--\n Energy.\n (4) Research and development of clean energy technologies.\n (5) Clean energy loan guarantee programs.\n (6) Programs of the Office of Energy Efficiency and \n Renewable Energy of the Department of Energy.\n (7) Weatherization Assistance Program.\n (8) State Energy Program.\n (9) Low Income Home Energy Assistance Program.\n (10) Distributed generation and turbine research and \n development.","summary":"Pain at the Pump Act - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells. Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends the required amortization period for geological and geophysical expenditures. Expresses the sense of Congress that increases in revenue resulting from this Act should be used to make additional expenditures for clean energy programs, including for alternative fuel technology, research and development, clean energy loan guarantees, and low-income home energy assistance.","title":"To deny certain tax benefits to oil and gas companies and to invest the savings in clean energy programs.","text_len":12660,"sum_len":1069} {"bill_id":"115_hr5761","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ending Maternal Mortality Act of \n2018''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Four million American women give birth each year, and \n an estimated 700 will die annually during pregnancy, \n childbirth, or the postpartum period.\n (2) The United States ranks 47th for maternal mortality \n rate globally, and is one of only eight countries in which the \n maternal mortality rate is rising. It is estimated that, \n between 2000 and 2014, the United States maternal mortality \n rate grew by 26.6 percent.\n (3) Common causes of maternal mortality include obstetric \n hemorrhage, hypertension and preeclampsia, sepsis, and \n substance use disorder and overdose.\n (4) More than half of maternal deaths are likely \n preventable.\n (5) Additionally, 65,000 American women experience severe \n maternal morbidity (SMM) annually, meaning the physical and \n psychological conditions that result from, or are aggravated \n by, pregnancy have an adverse effect on the health of a woman.\n (6) Racial and ethnic disparities persist across the \n Nation, and Black women are three to four times more likely to \n die from complications of pregnancy or childbirth than White \n women.\n\nSEC. 3. PLAN FOR REDUCING MATERNAL MORTALITY.\n\n The Public Health Service Act is amended by inserting after section \n229 of such Act (42 U.S.C. 237a) the following new section:\n\n``SEC. 229A. PLAN FOR REDUCING MATERNAL MORTALITY.\n\n ``(a) In General.--Not later than 1 year after the date of \nenactment of the Ending Maternal Mortality Act of 2018, and biennially \nthereafter, the Secretary shall develop and submit to the Congress a \nnational plan to reduce the rate of preventable maternal mortality, \nwith the goals of--\n ``(1) cutting the rate in half over the 10 years following \n such date of enactment; and\n ``(2) eliminating preventable maternal deaths by the date \n that is 20 years after such date of enactment.\n ``(b) Objectives; Strategy.--In each biennial plan under subsection \n(a), the Secretary shall include--\n ``(1) a list of objectives for meeting the goals described \n in subsection (a); and\n ``(2) a strategy for implementing the plan across the \n agencies and offices of the Department of Health and Human \n Services.\n ``(c) Specific Issues.--In each biennial plan under subsection (a), \nthe Secretary shall address the following:\n ``(1) Increasing public understanding of maternal mortality \n and severe maternal morbidity, including risk factors, warning \n signs, and prevention of common causes like hemorrhage, \n preeclampsia, and substance use disorders and other mental \n health conditions.\n ``(2) Improving understanding of the root causes of \n maternal mortality and severe maternal morbidity, including \n both medical and socioeconomic factors.\n ``(3) Improving data collection, including State-level \n reporting.\n ``(4) Identifying at-risk populations and eliminating \n disparities that persist based on a mother's race, ethnicity, \n socioeconomic status, and geographic location.\n ``(5) Supporting and expanding maternal mortality review \n committees that bring together public and private relevant \n stakeholders to review cases of pregnancy-related and \n pregnancy-associated complications and deaths to make \n recommendations to improve the quality of care and outcomes.\n ``(6) Assessing hospital culture of safety in maternity \n care and how best to provide resources to improve outcomes.\n ``(7) Improving health and treatment services for expectant \n mothers struggling with substance use and mental health \n disorders.\n ``(8) Studying and supporting local and targeted responses \n to maternal death.\n ``(9) Identifying Federal programs and activities to reduce \n maternal mortality and making recommendations for improving the \n effectiveness and coordination of such programs and activities.\n ``(d) Public Posting.--The Secretary shall make each plan submitted \nto the Congress under this section publicly accessible on the website \nof the Department of Health and Human Services.\n ``(e) Consultation.--In developing each biennial plan under this \nsection, the Secretary shall solicit input from organizations \nrepresenting patients, health care providers, hospitals, other \ntreatment facilities, public health departments and practitioners, and \nother entities, as appropriate.\n ``(f) Definitions.--In this section:\n ``(1) The term `maternal mortality' refers to maternal \n deaths that occur during, or within the 12 months following, \n pregnancy.\n ``(2) The term `maternal morbidity' refers to pregnancy-\n related and pregnancy-associated complications that do not \n result in maternal death.\n ``(3) The term `severe maternal morbidity' includes \n unexpected outcomes of labor and delivery that result in \n significant short- or long-term consequences to a woman's \n health.''.","summary":"Ending Maternal Mortality Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to publish every two years a national plan to reduce the rate of preventable maternal mortality . Each plan must address specific issues relating to maternal mortality and severe maternal morbidity , such as issues surrounding public awareness, at-risk populations and disparities, and quality of care.","title":"Ending Maternal Mortality Act of 2018","text_len":5446,"sum_len":442} {"bill_id":"103_s950","text":"SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Small Business \nAssistance and Credit Crunch Relief Act of 1993''.\n (b) Table of Contents.--The following is a table of contents for \nthis Act:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Definitions.\nSec. 4. Capital requirement flexibility.\nSec. 5. New Federal banking regulations subject to regulatory impact \n analysis.\nSec. 6. Review of statutory and regulatory provisions affecting small \n banks.\nSec. 7. Real estate appraisals.\nSec. 8. Truth in Lending Act.\nSec. 9. Community Reinvestment Act.\nSec. 10. Paperwork reduction study.\nSec. 11. Sunset provision.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) credit availability is essential for small businesses \n to expand, to purchase new equipment, and to hire new workers;\n (2) the Nation's small business sector is expected to \n create 70 percent of the new jobs in the United States in 1993;\n (3) a severe credit crunch is denying small businesses the \n capital necessary to hire new workers and to grow; and\n (4) the cumulative burden of unnecessary Federal banking \n regulations has served as a disincentive for small community \n banks to lend to small businesses.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act, the following definitions shall \napply:\n (1) Incorporated definitions.--The terms ``appropriate \n Federal banking agency'', ``bank'', ``insured depository \n institution'', and ``savings association'' have the same \n meanings as in section 3 of the Federal Deposit Insurance Act.\n (2) Regulatory impact analysis.--The term ``regulatory \n impact analysis'' means a review of the potential costs and \n benefits to society of a proposed regulation, and in \n particular, the costs to small banks and their customers.\n (3) Small bank.--The term ``small bank'' means a bank or \n savings association with total assets of less than \n $400,000,000.\n\nSEC. 4. CAPITAL REQUIREMENT FLEXIBILITY.\n\n Section 38(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. \n1831o(a)(2)) is amended to read as follows:\n ``(2) Prompt corrective action required; factors to \n consider.--Each appropriate Federal banking agency and the \n Corporation (acting in the Corporation's capacity as the \n insurer of depository institutions under this Act) shall take \n prompt corrective action to resolve the problems of an insured \n depository institution after taking into consideration, in \n addition to the other criteria described in this section--\n ``(A) the management expertise of the directors, \n officers, and employees of the insured depository \n institution;\n ``(B) any recent earnings history that suggests an \n improvement in the financial condition of the insured \n depository institution;\n ``(C) the quality of the assets held by the insured \n depository institution; and\n ``(D) the potential disruption to the local economy \n if the insured depository institution is closed or \n otherwise made subject to sanctions by Federal \n regulators.''.\n\nSEC. 5. NEW FEDERAL BANKING REGULATIONS SUBJECT TO REGULATORY IMPACT \n ANALYSIS.\n\n (a) Regulatory Impact Analysis.--\n (1) In general.--Notwithstanding any other provision of \n law, no new regulation shall be promulgated by an appropriate \n Federal banking agency until such agency has conducted a \n regulatory impact analysis and concluded that the benefits of \n the proposed regulation outweigh the costs of implementing and \n complying with the regulation, including the particular \n benefits and costs of compliance with the proposed regulation \n for small banks.\n (2) Definition.--For purposes of this subsection, a \n regulation shall be considered to be ``new'' if it is \n promulgated, modified, amended, or reissued on or after the \n date of enactment of this Act.\n (b) Costs.--In reviewing the costs of implementing and complying \nwith a proposed regulation under subsection (a), the appropriate \nFederal banking agency shall consider the impact of the proposed \nregulation on--\n (1) the national economy (including the potential for job \n creation);\n (2) consumers;\n (3) small businesses;\n (4) small banks (including administrative and personnel \n costs);\n (5) other users of financial services; and\n (6) new paperwork and documentation requirements.\n (c) Benefits.--In reviewing the benefits of a proposed regulation \nunder subsection (a), the appropriate Federal banking agency shall \nconsider the benefits of the proposed regulation to--\n (1) the public;\n (2) taxpayers; and\n (3) the overall safety and soundness of the Nation's \n banking system.\n (d) Easing Burden on Small Banks.--In conducting the regulatory \nimpact analysis under subsection (a), the appropriate Federal banking \nagency shall consider including in the proposed regulation a provision \nthat eases the regulatory burden on small banks, including special \ncompliance provisions.\n (e) Estimate Required.--The regulatory impact analysis required by \nsubsection (a) shall include an estimate of the number of small banks \nand small businesses that will be affected by the regulation.\n\nSEC. 6. REVIEW OF STATUTORY AND REGULATORY PROVISIONS AFFECTING SMALL \n BANKS.\n\n (a) In General.--Each appropriate Federal banking agency shall \nconduct a thorough review and evaluation of all--\n (1) statutory provisions affecting small banks; and\n (2) regulatory provisions affecting small banks that have \n been promulgated by such appropriate Federal banking agency.\n (b) Review.--The review conducted pursuant to subsection (a) shall \ninclude--\n (1) an analysis of the purposes of the provision;\n (2) the effectiveness of the provision in achieving such \n purposes;\n (3) whether any other provision provides an alternative or \n duplicative means of achieving those purposes;\n (4) the cost imposed by compliance with such provisions \n upon insured depository institutions and consumers; and\n (5) the relationship between such provision, compliance \n costs, and the availability of credit in the United States.\n (c) Suspension.--If an appropriate Federal banking agency makes a \ndetermination described in subsection (d), the appropriate Federal \nbanking agency shall--\n (1) not later than 90 days after the date of enactment of \n this Act, submit a written recommendation to the Congress to \n suspend the applicability of any law that affects small banks \n (or any portion thereof); and\n (2) not later than 30 days after the date of enactment of \n this Act, suspend the applicability of any Federal regulation \n or guideline promulgated by such appropriate Federal banking \n agency that affects small banks (or any portion thereof).\n (d) Determination.--For the purpose of subsection (c), a \ndetermination is described in this subsection if it is a determination \nby an appropriate Federal banking agency that--\n (1) the law, regulation, or guideline has already \n accomplished its goal and is therefore no longer necessary;\n (2) the law, regulation, or guideline is not as effective \n in achieving its intended purpose as other available \n alternatives that would impose lesser costs on small banks, \n their customers, or the economy;\n (3) the cost of compliance with the law, regulation, or \n guideline outweighs the potential benefits sought to be \n accomplished by the law, regulation, or guideline; or\n (4) the law, regulation, or guideline has an adverse impact \n on the availability of credit in the United States which \n substantially outweighs the benefits sought to be accomplished \n by the law, regulation, or guideline.\n (e) Publication and Effective Date.--Any suspension of the \napplicability of any Federal regulation or guideline pursuant to \nsubsection (c)(2) shall be published in the Federal Register, and shall \nbecome effective 30 days after the date of such publication, unless the \nappropriate Federal banking agency, for good cause, determines that a \nshorter period is necessary and in the public interest.\n (f) Consultation and Notification.--\n (1) Consultation.--In making a determination under \n subsection (d), the appropriate Federal banking agency shall \n consult with the Secretary of the Treasury, the Chairperson of \n the Federal Deposit Insurance Corporation, the Chairman of the \n Board of Governors of the Federal Reserve System, the \n Comptroller of the Currency, and the Director of the Office of \n Thrift Supervision.\n (2) Notification.--The appropriate Federal banking agency \n shall notify the Committee on Banking, Housing, and Urban \n Affairs of the Senate and the Committee on Banking, Finance and \n Urban Affairs of the House of Representatives prior to \n suspending the applicability of a regulation or guideline under \n subsection (c)(2).\n (g) Restriction.--Nothing in this section authorizes an appropriate \nFederal banking agency to recommend the suspension of any law, or to \nsuspend any regulation or guideline--\n (1) that is necessary for the safe and sound operation of \n insured depository institutions; or\n (2) that--\n (A) prohibits discrimination in the provision of \n financial services based on race, sex, national origin, \n marital status, or age;\n (B) relates directly to the conduct of monetary \n policy; or\n (C) pertains to an enforcement proceeding or \n supervisory action with respect to a particular \n institution or party.\n\nSEC. 7. REAL ESTATE APPRAISALS.\n\n Section 1112(b) of the Financial Institutions Reform, Recovery, and \nEnforcement Act of 1989 (12 U.S.C. 3341(b)) is amended by inserting ``, \nwhich shall be not less than $250,000,'' after ``establish a threshold \nlevel''.\n\nSEC. 8. TRUTH IN LENDING ACT.\n\n Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended \nby adding at the end the following new paragraph:\n ``(7) Credit transactions involving a bank or savings \n association with total assets of less than $400,000,000, and a \n consumer who had individual income of more than $200,000 in \n each of the 2 most recent years, or who, at the time of the \n transaction, has an individual net worth of more than \n $1,000,000.''.\n\nSEC. 9. COMMUNITY REINVESTMENT ACT.\n\n (a) Paperwork Reduction.--Section 804(a) of the Community \nReinvestment Act of 1977 (12 U.S.C. 2903(a)) is amended--\n (1) in paragraph (1), by striking ``and'' at the end;\n (2) in paragraph (2), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(3) minimize the regulatory paperwork burden and costs to \n small banks associated with compliance with this title.''.\n (b) Applications.--Section 804(a) of the Community Reinvestment Act \nof 1977 (12 U.S.C. 2903(a)) is amended by adding at the end the \nfollowing: ``The appropriate Federal financial supervisory agency shall \nnot deny an application for a deposit facility by a regulated financial \ninstitution having total assets of less than $400,000,000 on the basis \nof such institution's compliance with this Act if the institution \nreceived a rating on its last evaluation under this section of \n`Outstanding' in its record of meeting community credit needs, as \nprovided in section 807(b).''.\n (c) Paperwork Reduction for Small Banks.--The Community \nReinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by adding \nat the end the following new section:\n\n``SEC. 809. SMALL BANKS.\n\n ``(a) `Outstanding' Rating.--\n ``(1) Paperwork reduction.--Except as provided in paragraph \n (2), a regulated financial institution that--\n ``(A) receives a rating under section 804 of \n `Outstanding record of meeting community credit needs', \n as provided in section 807(b); and\n ``(B) has total assets of less than $400,000,000;\n shall be exempt from any documentation requirements of this \n title.\n ``(2) New documentation regulations.--Not later than 30 \n days after the date of enactment of this section, the \n appropriate Federal financial supervisory agency shall \n promulgate documentation requirements for the regulated \n financial institutions described in paragraph (1). Such \n regulations shall substantially reduce or eliminate the \n paperwork requirements imposed on such regulated financial \n institutions.\n ``(3) Disclosure of evaluation criteria.--Not later than 30 \n days after the date of enactment of this section, the \n appropriate Federal financial supervisory agency shall disclose \n to each regulated financial institution, in detail, the \n specific criteria an insured financial institution must satisfy \n in order to secure a rating of `Outstanding' on an evaluation \n under section 807(b).\n ``(b) `Substantial Noncompliance' Rating.--A regulated financial \ninstitution that receives a rating under section 804 of `Substantial \nnoncompliance in meeting community credit needs', as provided in \nsection 807(b), for 2 or more consecutive years, and has total assets \nof less than $400,000,000 shall be--\n ``(1) subject to a civil penalty assessed by the \n appropriate Federal financial supervisory agency in an amount \n not to exceed $20,000; and\n ``(2) required to enter into a written agreement with the \n appropriate Federal financial supervisory agency to improve the \n institution's ability to ascertain and to help meet the credit \n needs of its local community.''.\n\nSEC. 10. PAPERWORK REDUCTION STUDY.\n\n Not later than 18 months after the date of enactment of this Act, \neach appropriate Federal banking agency, in consultation with insured \ndepository institutions and other interested parties, shall--\n (1) review the extent to which this Act has--\n (A) reduced unnecessary internal written policies; \n and\n (B) eliminated such policies, where appropriate, \n while maintaining the applicable safety and soundness \n requirements; and\n (2) issue a recommendation as to whether the provisions of \n this Act should be extended beyond the sunset date established \n in section 11.\n\nSEC. 11. SUNSET PROVISION.\n\n The provisions of this Act and the amendments made by this Act \nshall remain in effect for a period of 3 years beginning on the date of \nenactment of this Act.","summary":"Small Business Assistance and Credit Crunch Relief Act of 1993 - Amends the Federal Deposit Insurance Act to require each appropriate Federal banking agency and the Federal Deposit Insurance Corporation (FDIC) to take into consideration, in resolving the problems of an insured depository institution, the potential disruption to the local economy if the institution is closed or otherwise subjected to sanctions by Federal regulators. Prohibits such an agency from promulgating any new regulation until it has conducted a regulatory impact analysis and concluded that the regulation's benefits outweigh its costs, including the benefits and costs for small banks . Directs each agency to conduct a thorough review and evaluation of all: (1) statutory provisions affecting small banks. And (2) regulatory provisions affecting such banks that have been promulgated by such agency. Provides for the suspension of regulations determined to be no longer necessary or ineffective and for the submission to the Congress of a recommendation to suspend the applicability of any Federal law that affects small banks. Requires publication of such suspensions in the Federal Register and appropriate consultation for such determinations. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to raise from $100,000 to $250,000 the threshold for licensed or certified real estate appraisals on small business loans. Amends the Community Reinvestment Act of 1977 to require the minimization of regulatory paperwork burden and costs of compliance under such Act for small banks with the highest (outstanding) compliance rating as determined under such Act. Exempts small banks rated outstanding from any documentation requirements. Outlines penalties and documentation requirements for small banks receiving a substantial noncompliance rating. Requires each appropriate Federal banking agency to: (1) review the extent to which this Act has reduced and eliminated unnecessary internal written policies. And (2) issue a recommendation as to whether this Act should be extended beyond the sunset date of three years after its enactment.","title":"Small Business Assistance and Credit Crunch Relief Act of 1993","text_len":15781,"sum_len":2146} {"bill_id":"110_hr6053","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Price Stability Act of 2008''.\n\nSEC. 2. FINDINGS; STATEMENT OF POLICY.\n\n (a) Findings.--The Congress finds the following:\n (1) Price stability is a prerequisite for sustainable long-\n term economic growth, job creation, and moderate interest \n rates.\n (2) Inflation erodes the value of Americans' income and \n savings.\n (3) Inflation distorts the pricing system and the efficient \n allocation of resources in the economy.\n (4) Inflation makes long-term planning difficult and raises \n the effective tax rate on capital, thereby impeding investment.\n (5) Through its determination of monetary policy, the Board \n of Governors of the Federal Reserve System is ultimately \n responsible for controlling the long-run rate of inflation in \n the economy.\n (6) The multiple policy goals of the Full Employment and \n Balanced Growth Act of 1978 cause confusion and ambiguity about \n the appropriate role and aims of monetary policy, which can add \n to volatility in economic activity and financial markets.\n (7) There is a need for the Congress to clarify the proper \n role of the Board of Governors of the Federal Reserve System in \n economic policymaking, in order to achieve the best environment \n for long-term economic growth and job creation.\n (8) An explicit price stability goal would promote \n transparency, accountability and credibility in monetary \n policy.\n (9) Price stability should be the primary long-term goal of \n the Board of Governors of the Federal Reserve.\n (b) Statement of Policy.--It is the policy of the United States \nthat--\n (1) the principal economic responsibilities of the \n Government are to establish and ensure an environment that is \n conducive to both long-term economic growth and increases in \n living standards, by establishing and maintaining free markets, \n low taxes, respect for private property, and the stable, long-\n term purchasing power of the United States currency; and\n (2) the primary long-term goal of the Board of Governors of \n the Federal Reserve System should be to promote price \n stability.\n\nSEC. 3. MONETARY POLICY.\n\n (a) Amendment to the Federal Reserve Act.--Section 2A of the \nFederal Reserve Act (12 U.S.C. 225a) is amended to read as follows:\n\n``SEC. 2A. MONETARY POLICY.\n\n ``(a) Price Stability.--The Board and the Federal Open Market \nCommittee (hereafter in this section referred to as the `Committee') \nshall--\n ``(1) establish an explicit numerical definition of the \n term `price stability'; and\n ``(2) maintain a monetary policy that effectively promotes \n long-term price stability.\n ``(b) Market Stability and Liquidity.--Subsection (a) shall not be \nconstrued as a limitation on the authority or responsibility of the \nBoard--\n ``(1) to provide liquidity to markets in the event of a \n disruption that threatens the smooth functioning and stability \n of the financial sector; or\n ``(2) to serve as a lender of last resort under this Act \n when the Board determines such action is necessary.\n ``(c) Congressional Consultation.--Not later than February 20 and \nJuly 20 of each year, the Board shall consult with the Congress at \nsemiannual hearings before the Committee on Banking, Housing, and Urban \nAffairs of the Senate and the Committee on Financial Services of the \nHouse of Representatives, about the objectives and plans of the Board \nand the Committee with respect to achieving and maintaining price \nstability.\n ``(d) Congressional Oversight.--The Board shall, concurrent with \neach semiannual hearing required by subsection (c), submit a written \nreport to the Congress containing--\n ``(1) numerical measures to help assess the extent to which \n the Board and the Committee are achieving and maintaining price \n stability in accordance with subsection (a);\n ``(2) a description of the intermediate variables used by \n the Board to gauge the prospects for achieving the objective of \n price stability; and\n ``(3) the definition, or any modifications thereto, of the \n term `price stability' established in accordance with \n subsection (a)(1).''.\n (b) Compliance Estimate.--Concurrent with the first semiannual \nhearing required by section 2A(b) of the Federal Reserve Act (as \namended by subsection (a) of this section) following the date of \nenactment of this Act, the Board of Governors of the Federal Reserve \nSystem shall submit to the Congress a written estimate of the length of \ntime it will take for the Board and the Federal Open Market Committee \nto fully achieve price stability. The Board and the Committee shall \ntake into account any potential short-term effects on employment and \noutput in complying with the goal of price stability.\n\nSEC. 4. REPEAL OF OBSOLETE PROVISIONS.\n\n (a) Full Employment and Balanced Growth Act of 1978.--The Full \nEmployment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is \nhereby repealed.\n (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. \n1021 et seq.) is amended--\n (1) in section 3 (15 U.S.C. 1022)--\n (A) in the section heading, by striking ``and \n short-term economic goals and policies'';\n (B) by striking ``(a)''; and\n (C) by striking ``in accord with section 11(c) of \n this Act'' and all that follows through the end of the \n section and inserting ``in accordance with section \n 5(c).'';\n (2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``, \n the Full Employment and Balanced Growth Act of 1978,'';\n (3) in section 10 (15 U.S.C. 1023)--\n (A) in subsection (a), by striking ``in the light \n of the policy declared in section 2'';\n (B) in subsection (e)(1), by striking ``section 9'' \n and inserting ``section 3''; and\n (C) in the matter immediately following paragraph \n (2) of subsection (e), by striking ``and the Full \n Employment and Balanced Growth Act of 1978'';\n (4) by striking section 2;\n (5) by striking sections 4, 5, 6, 7, and 8; and\n (6) by redesignating sections 3, 9, 10, and 11 as sections \n 2, 3, 4, and 5, respectively.\n (c) Congressional Budget Act of 1974.--Title III of the \nCongressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended--\n (1) in section 301--\n (A) in subsection (b), by striking paragraph (1) \n and redesignating paragraphs (2) through (9) as \n paragraphs (1) through (8), respectively;\n (B) in subsection (d), in the second sentence, by \n striking ``the fiscal policy'' and all that follows \n through the end of the sentence and inserting ``fiscal \n policy.'';\n (C) in subsection (e)(1), in the second sentence, \n by striking ``as to short-term and medium-term goals''; \n and\n (D) by striking subsection (f) and inserting the \n following:\n ``(f) Repealed''; and\n (2) in section 305--\n (A) in subsection (a)(3), by inserting before the \n period at the end ``, as described in section 2 of the \n Price Stability Act of 2008'';\n (B) in subsection (a)(4)--\n (i) by striking ``House sets forth the \n economic goals'' and all that follows through \n ``designed to achieve,'' and inserting ``House \n of Representatives sets forth the economic \n goals and policies, as described in section 2 \n of the Price Stability Act of 2008,''; and\n (ii) by striking ``such goals,'' and all \n that follows through the end of the paragraph \n and inserting ``such goals and policies.'';\n (C) in subsection (b)(3), by inserting before the \n period at the end ``, as described in section 2 of the \n Price Stability Act of 2008''; and\n (D) in subsection (b)(4)--\n (i) by striking ``goals (as'' and all that \n follows through ``designed to achieve,'' and \n inserting ``goals and policies, as described in \n section 2 of the Price Stability Act of \n 2008,''; and\n (ii) by striking ``such goals,'' and all \n that follows through the end of the paragraph \n and inserting ``such goals and policies.''.","summary":"Price Stability Act of 2008 - Declares it is US policy that the principal economic responsibilities of the Government are to establish both long-term economic growth and increases in living standards, maintain free markets, low taxes, respect for private property, and the stable, long-term purchasing power of US currency. Declares that the promotion of price stability should be the primary long-term goal of the Board of Governors of the Federal Reserve System. Amends the Federal Reserve Act to revise the mandate of the Board and the Federal Open Market Committee to require them to: (1) establish a numerical definition of the term price stability. And (2) maintain a monetary policy that promotes long-term price stability. Requires the Board to consult with, and report to, Congress semi-annually about Board and Committee objectives and plans to achieve and maintain price stability. Repeals the Full Employment and Balanced Growth Act of 1978.","title":"To require the Board of Governors of the Federal Reserve System to focus on price stability in establishing monetary policy to ensure the stable, long-term purchasing power of the currency, to repeal the Full Employment and Balanced Growth Act of 1978, and for other purposes.","text_len":9292,"sum_len":953} {"bill_id":"111_hr2963","text":"SECTION 1. SMALL MANUFACTURERS' COMPUTER HARDWARE AND SOFTWARE TAX \n CREDIT IN LIEU OF EXPENSING.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45R. SMALL MANUFACTURERS COMPUTER HARDWARE AND SOFTWARE TAX \n CREDIT.\n\n ``(a) In General.--For purposes of section 38, the small \nmanufacturers' computer hardware and software credit determined under \nthis section for the taxable year is the lesser of--\n ``(1) 50 percent of the amount paid or incurred by the \n taxpayer during the taxable year for qualified computer \n hardware and software property; or\n ``(2) $35,000.00.\n ``(b) Qualified Computer Hardware and Software Property.--For \npurposes of this section, the term `qualified computer hardware and \nsoftware property' means any computer hardware and software property \nfor use in any small manufacturer located in the United States--\n ``(1) the original use of which commences with the \n taxpayer;\n ``(2) which is property of a character subject to the \n allowance for depreciation; and\n ``(3) which is placed in service by the taxpayer after the \n date of the enactment of this section.\n ``(c) Computer Hardware.--For purposes of this section, the term \n`computer hardware' includes disk drives, integrated circuits, display \nscreens, cables, modems, speakers, and printers.\n ``(d) Computer Software.--For purposes of this section, the term \n`computer software' means programs, programming languages, data that \ndirect the operations of a computer system or network, enterprise \nresource planning software, manufacturing resource planning software, \nmaterials requirements planning software and software designed to \nenhance Internet capabilities.\n ``(e) Small Manufacturer.--For purposes of this section:\n ``(1) In general.--The term `small manufacturer' means--\n ``(A) any unincorporated business, any partnership, \n or for-profit corporation;\n ``(B) with respect to a taxable year, any which \n employed an average of 50 or fewer employees on \n business days during the preceding calendar year. For \n purposes of the preceding sentence, a preceding \n calendar year may be taken into account only if the \n small business was in existence throughout such year.\n ``(2) Small manufacturers not in existence in preceding \n taxable year.--In the case of a small manufacturer which was \n not in existence throughout the preceding calendar year, the \n determination under paragraph (1) shall be based on the average \n number of employees that it is reasonably expected such \n employer or sole proprietor will employ on business days in the \n current calendar year.\n ``(f) Calculation of Number of Employees.--For purposes of \nsubsection (e), the number of employees of a subsidiary of a wholly \nowned corporation includes the employees of--\n ``(1) a parent corporation; and\n ``(2) any other subsidiary corporation of that parent \n corporation.\n ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit \nis determined under this section in connection with any expenditure for \nany property, the increase in the basis of such property which would \n(but for this subsection) result from such expenditure shall be reduced \nby the amount of the credit so determined.\n ``(h) Termination.--This section shall not apply with respect to \nany property placed in service after December 31, 2011.''.\n (b) Credit To Be Part of General Business Credit.--Section 38(b) of \nsuch Code is amended by striking ``plus'' at the end of paragraph (34), \nby striking the period at the end of paragraph (35) and inserting ``, \nplus'', and by adding at the end the following new paragraph:\n ``(36) the small manufacturers' computer hardware and \n software credit determined under section 45R(a).''.\n (c) Denial of Double Benefit.--Section 280C of such Code is amended \nby adding at the end the following new subsection:\n ``(f) Small Manufacturers Computer Hardware and Software Credit.--\nNo deduction shall be allowed for that portion of the expenses \notherwise allowable as a deduction for the taxable year which is equal \nto the amount of the credit determined for the taxable year under \nsection 45R.''.\n (d) Allowance of Credit Against Alternative Minimum Tax.--\nSubparagraph (B) of section 38(c)(4) of such Code is amended by \nstriking ``and'' at the end of clause (vii), by striking the period at \nthe end of clause (viii) and insert ``, and'', and by inserting after \nclause (viii) the following new clause:\n ``(ix) the credit determined under section \n 45R.''.\n (e) Transferability of Credit.--Nothing in any law or rule shall be \nconstrued to limit the transferability, through sale and repurchase \nagreements, of the credit allowed by reason of section 45R.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years ending after December 31, 2008.","summary":"Amends the Internal Revenue Code to allow certain small manufacturers a tax credit for their computer hardware and software expenses. Limits such credit to the lesser of 50 of such expenses or $35,000. Terminates such credit after 2011.","title":"To amend the Internal Revenue Code of 1986 to provide incentives for improving small manufacturers' computer technology.","text_len":5348,"sum_len":236} {"bill_id":"112_hr1612","text":"SECTION 1. COMMISSION ON UROTRAUMA.\n\n (a) Establishment.--In order to continue and expand the study of \nurotrauma conducted by the Secretary of Defense in 2011, subject to the \navailability of appropriations for such purpose, the Secretary shall \nestablish a commission to be known as the ``Commission on Urotrauma'' \n(in this section referred to as the ``Commission'').\n (b) Consultation.--In carrying out this section, the Secretary of \nDefense shall consult with the Secretary of Veterans Affairs and the \nSecretary of Health and Human Services.\n (c) Duties.--The Commission shall conduct a study on urotrauma \namong members of the Armed Forces and veterans, including--\n (1) an analysis of the incidence, duration, morbidity rate, \n and mortality rate of urotrauma;\n (2) an analysis of the social and economic costs and \n effects of urotrauma;\n (3) with respect to the Department of Defense and \n Department of Veterans Affairs, an evaluation of the \n facilities, access to private facilities, resources, personnel, \n and research activities that are related to the diagnosis, \n prevention, and treatment of urotrauma;\n (4) an evaluation of programs (including such biological, \n behavioral, environmental, and social programs) that improve \n the prevention or treatment of urotrauma;\n (5) a long-term plan for the use and organization of the \n resources of the Federal Government to improve the prevention \n and treatment of urotrauma; and\n (6) updates to any study on urotrauma conducted by the \n Secretary of Defense in 2011.\n (d) Membership.--\n (1) Appointed members.--In addition to the ex officio \n members described in paragraph (2), the Committee shall be \n composed of 19 members as follows:\n (A) Sixteen members appointed by the Secretary of \n Defense.\n (B) One member appointed by the Secretary of Health \n and Human Services from among officers or employees of \n the National Institute of Diabetes and Digestive and \n Kidney Diseases whose primary interest is in the field \n of urotrauma.\n (C) The Chief of the Department of Surgery of \n Walter Reed National Military Medical Center.\n (D) The Chief Medical Director of the Department of \n Veterans Affairs.\n (2) Ex officio members.--The nonvoting, ex officio members \n of the Commission are as follows:\n (A) The Surgeon General of the Navy.\n (B) The Surgeon General of the Army.\n (C) The Surgeon General of the Air Force.\n (D) The Medical Officer of the Marine Corps.\n (E) The Director of the National Institutes of \n Health.\n (F) The Director of the National Institute of \n Diabetes and Digestive and Kidney Diseases.\n (G) The Director of the Division of Kidney, \n Urologic, and Hematologic Diseases of the National \n Institute of Diabetes and Digestive Kidney Diseases.\n (H) The Director of the National Institute of \n Biomedical Imaging and Bioengineering.\n (3) Qualifications.--In appointing members under paragraph \n (1)(A), the Secretary of Defense shall appoint individuals with \n experience related to--\n (A) studying or researching urotrauma;\n (B) preventing or treating urotrauma; or\n (C) suffering from urotrauma.\n (4) Term.--Each member shall be appointed for the life of \n the Commission.\n (5) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (6) Pay.--\n (A) Except as provided in subparagraph (C), members \n of the Commission shall serve without pay.\n (B) Except as provided in subparagraph (C), members \n of the Commission who are full-time officers or \n employees of the United States may not receive \n additional pay, allowances, or benefits by reason of \n their service on the Commission.\n (C) Each member shall receive travel expenses, \n including per diem in lieu of subsistence, in \n accordance with applicable provisions under subchapter \n I of chapter 57 of title 5, United States Code.\n (7) Quorum.--A majority of members of the Commission shall \n constitute a quorum but a lesser number may hold hearings.\n (8) Chairperson.--The Secretary of Defense shall designate \n a member as the chairperson of the Committee.\n (9) Meetings.--The Commission shall meet at the call of the \n chairperson.\n (e) Staff.--\n (1) Director.--The Commission shall have a director who \n shall be appointed by the chairperson.\n (2) Staff.--Subject to rules prescribed by the Commission, \n the chairperson may appoint additional personnel as the \n chairperson considers appropriate.\n (3) Applicability of certain civil service laws.--The \n director and staff of the Commission shall be appointed subject \n to the provisions of title 5, United States Code, governing \n appointments in the competitive service, and shall be paid in \n accordance with the provisions of chapter 51 and subchapter III \n of chapter 53 of that title relating to classification and \n General Schedule pay rates.\n (4) Experts and consultants.--Subject to rules prescribed \n by the Commission, the chairperson may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code.\n (5) Staff to federal agencies.--Upon request of the \n chairperson, the head of any Federal department or agency may \n detail, on a reimbursable basis, any of the personnel of that \n department or agency to the Commission to assist it in carrying \n out its duties under this section.\n (f) Powers of Commission.--\n (1) Hearings and sessions.--The Commission may, for the \n purpose of carrying out this section, hold hearings, sit and \n act at times and places, take testimony, and receive evidence \n as the Commission considers appropriate. The Commission may \n administer oaths or affirmations to witnesses appearing before \n it.\n (2) Powers of members and agents.--Any member or agent of \n the Commission may, if authorized by the Commission, take any \n action which the Commission is authorized to take by this \n section.\n (3) Obtaining official data.--The Commission may secure \n directly from any department or agency of the United States \n information necessary to enable it to carry out this section. \n Upon request of the chairperson of the Commission, the head of \n that department or agency shall furnish that information to the \n Commission.\n (4) Mails.--The Commission may use the United States mails \n in the same manner and under the same conditions as other \n departments and agencies of the United States.\n (5) Administrative support services.--Upon the request of \n the Commission, the Administrator of General Services shall \n provide to the Commission, on a reimbursable basis, the \n administrative support services necessary for the Commission to \n carry out its responsibilities under this section.\n (g) Reports.--\n (1) Interim report.--Not later than one year after the date \n on which the members are appointed under subsection (d)(1), the \n Commission shall submit to the appropriate congressional \n committees an interim report on the study conducted under \n subsection (c).\n (2) Final report.--Not later than two years after the date \n on which the members are appointed under subsection (d)(1), the \n Commission shall submit to the appropriate congressional \n committees a final report on the study conducted under \n subsection (c), including any recommendations the Commission \n considers appropriate to improve the prevention and treatment \n of urotrauma among members of the Armed Forces and veterans.\n (h) Termination.--The Commission shall terminate on the date that \nis 60 days after the date on which the Commission submits the final \nreport under subsection (g)(2).\n (i) Definitions.--In this section:\n (1) The term ``appropriate congressional committees'' \n means--\n (A) the Committees on Armed Services of the House \n of Representatives and Senate; and\n (B) the Committees on Veterans' Affairs of the \n House of Representatives and Senate.\n (2) The term ``urotrauma'' means injury to the urinary \n tract (including the kidneys, ureters, urinary bladder, \n urethra, and female and male genitalia) from a penetrating, \n blunt, blast, thermal, chemical, or biological cause.\n (j) Authorization of Appropriations.--\n (1) Authorization.--There is authorized to be appropriated \n to carry out this section $1,000,000 for each of fiscal years \n 2012 through 2015.\n (2) Offset.--The amount otherwise authorized to be \n appropriated for operation and maintenance, Defense-wide, for \n the Office of the Secretary of Defense for each of fiscal years \n 2012 through 2015 is reduced by $1,000,000.","summary":"Directs the Secretary of Defense (DOD), in order to continue and expand the DOD study conducted in 2011, to establish the Commission on Urotrauma to: (1) conduct a study on urotrauma among members of the Armed Forces and veterans. And (2) provide an interim and final report to the congressional defense and veterans committees on such study.","title":"To direct the Secretary of Defense to establish a commission on urotrauma.","text_len":10048,"sum_len":342} {"bill_id":"104_s1681","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Combatting Proliferation of Weapons \nof Mass Destruction Act of 1996''.\n\n TITLE I--ASSESSMENT OF PROGRAMS AND POLICIES FOR COMBATTING \n PROLIFERATION\n\nSEC. 101. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the Commission on Programs and Policies for Combatting the \nProliferation of Weapons of Mass Destruction (hereafter in this Act \nreferred to as the ``Commission'').\n (b) Membership.--The Commission shall be composed of 12 members of \nwhom--\n (1) 6 shall be appointed by the President;\n (2) 3 shall be appointed by the Majority Leader of the \n Senate, in consultation with the Minority Leader of the Senate; \n and\n (3) 3 shall be appointed by the Speaker of the House of \n Representatives, in consultation with the Minority Leader of \n the House of Representatives.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Initial Meeting.--No later than 30 days after the date on which \nall members of the Commission have been appointed, the Commission shall \nhold its first meeting.\n (e) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n (f) Chairman and Vice Chairman.--The Commission shall select a \nChairman and Vice Chairman from among its members.\n (g) Meetings.--The Commission shall meet at the call of the \nChairman.\n\nSEC. 102. DUTIES OF COMMISSION.\n\n (a) Study.--\n (1) In general.--The Commission shall carry out a thorough \n study of the organization, policies, and programs of the U.S. \n Government related to combatting the proliferation of weapons \n of mass destruction.\n (2) Specific requirements.--In carrying out the study, the \n Commission shall--\n (A) assess the effectiveness of the policies and \n programs of all departments and agencies of the Federal \n Government including the intelligence community in \n meeting the national security interests of the United \n States with respect to the proliferation of such \n weapons; and\n (B) assess the current structure and organization \n of all Federal agencies of the intelligence community \n and the intelligence-gathering services of foreign \n governments in addressing issues relating to the \n proliferation of such weapons.\n (b) Recommendations.--In conducting the study, the Commission shall \ndevelop recommendations on means of improving the effectiveness of the \norganization, policies, programs of the intelligence community, and the \nprograms and policies of the other departments and agencies of the \nFederal Government, in meeting the national security interests of the \nUnited States with respect to the proliferation of weapons of mass \ndestruction.\n (c) Report.--Not later than 18 months after the date of the \nenactment of this Act, the Commission shall submit to Congress a report \ncontaining a detailed statement of the findings and conclusions of the \nCommission, together with its recommendations for such legislation and \nadministrative actions as it considers appropriate.\n\nSEC. 103. POWERS OF COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out the \npurposes of this title.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this \ntitle. Upon request of the Chairman of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (d) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 104. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Commission who is \nnot an officer or employee of the Federal Government shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day (including \ntraveltime) during which such member is engaged in the performance of \nthe duties of the Commission. All members of the Commission who are \nofficers or employees of the United States shall serve without \ncompensation in addition to that received for their services as \nofficers or employees of the United States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (c) Staff.--\n (1) In general.--The Chairman of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment of an \n executive director shall be subject to confirmation by the \n Commission.\n (2) Compensation.--The Chairman of the Commission may fix \n the compensation of the executive director and other personnel \n without regard to the provisions of chapter 51 and subchapter \n III of chapter 53 of title 5, United States Code, relating to \n classification of positions and General Schedule pay rates, \n except that the rate of pay for the executive director and \n other personnel may not exceed the rate payable for level V of \n the Executive Schedule under section 5316 of such title.\n (d) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairman of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 105. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 60 days after the date on which the \nCommission submits its report under section 102(c).\n\nSEC. 106. DEFINITION.\n\n For purposes of this title, the term ``intelligence community'' \nshall have the meaning given such term in section 3(4) of the National \nSecurity Act of 1947 (50 U.S.C. 401a(4)).\n\nSEC. 107. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated for the \nCommission for fiscal year 1996 such sums as may be necessary for the \nCommission to carry out its duties under this title.\n (b) Availability.--Amounts appropriated pursuant to the \nauthorization of appropriations in subsection (a) shall remain \navailable until the termination of the Commission under section 105.\n\n TITLE II--OTHER MATTERS\n\nSEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF \n MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.\n\n (a) Reports.--Not later than 6 months after the date of the \nenactment of this Act, and every 6 months thereafter, the Director of \nCentral Intelligence shall submit to Congress a report on--\n (1) the acquisition by foreign countries during the \n preceding 6 months of dual-use and other technology useful for \n the development or production of weapons of mass destruction \n (including nuclear weapons, chemical weapons, and biological \n weapons) and advanced conventional munitions; and\n (2) trends in the acquisition of such technology by such \n countries.\n (b) Form of Reports.--The reports submitted under subsection (a) \nshall be submitted in unclassified form, but may include a classified \nannex.","summary":"TABLE OF CONTENTS: Title I: Assessment of Programs and Policies for Combatting Proliferation Title II: Other Matters Combatting Proliferation of Weapons of Mass Destruction Act of 1996 - Title I: Assessment of Programs and Policies for Combatting Proliferation - Establishes the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction to study and report recommendations to the Congress for improving US organizations, policies, and programs relating to combatting the proliferation of weapons of mass destruction. Authorizes appropriations. Title II: Other Matters - Requires the Director of Central Intelligence to report to the Congress every six months on: (1) the acquisition by foreign countries of technology relating to weapons of mass destruction and advanced conventional munitions, and (2) trends in such acquisition by such countries.","title":"Combatting Proliferation of Weapons of Mass Destruction Act of 1996","text_len":8912,"sum_len":890} {"bill_id":"112_hr3483","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Education Equity Act of \n2011''.\n\nSEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR INDIVIDUALS ENTITLED \n TO ASSISTANCE UNDER THE POST-9\/11 EDUCATIONAL ASSISTANCE \n PROGRAM WHO ARE PURSUING PROGRAMS OF EDUCATION AT \n INSTITUTIONS OF HIGHER LEARNING.\n\n (a) In General.--Clause (i) of subparagraph (A) of paragraph (1) of \nsubsection (c) of section 3313 of title 38, United States Code, is \namended to read as follows:\n ``(i) In the case of a program of education \n pursued at a public institution of higher \n learning, the lesser of--\n ``(I) the actual net cost for \n tuition and fees assessed by the \n institution for the program of \n education after the application of--\n ``(aa) any waiver of, or \n reduction in, tuition and fees; \n and\n ``(bb) any scholarship, or \n other Federal, State, \n institutional, or employer-\n based aid or assistance (other \n than loans and any funds \n provided under section 401(b) \n of the Higher Education Act of \n 1965 (20 U.S.C. 1070a)) that is \n provided directly to the \n institution and specifically \n designated for the sole purpose \n of defraying tuition and fees; \n or\n ``(II) the greater of--\n ``(aa) the actual net cost \n for in-State tuition and fees \n assessed by the institution for \n the program of education after \n the application of--\n\n ``(AA) any waiver \n of, or reduction in, \n tuition and fees; and\n\n ``(BB) any \n scholarship, or other \n Federal, State, \n institutional, or \n employer-based aid or \n assistance (other than \n loans and any funds \n provided under section \n 401(b) of the Higher \n Education Act of 1965 \n (20 U.S.C. 1070a)) that \n is provided directly to \n the institution and \n specifically designated \n for the sole purpose of \n defraying tuition and \n fees; or\n\n ``(bb) the amount equal \n to--\n\n ``(AA) for the \n academic year beginning \n on August 1, 2011, \n $17,500; or\n\n ``(BB) for any \n subsequent academic \n year, the amount in \n effect for the previous \n academic year under \n this subclause, as \n increased by the \n percentage increase \n equal to the most \n recent percentage \n increase determined \n under section 3015(h) \n of this title.''.\n\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to the payment of educational assistance for an \nacademic year beginning on or after the date of the enactment of this \nAct.","summary":"Veterans Education Equity Act of 2011 - Revises the formula for the payment by the Department of Veterans Affairs (VA) of tuition and fees for individuals entitled to educational assistance under the Post-911 Educational Assistance Program and pursuing programs of education at public institutions of higher learning to include, as an additional payment formula, the greater of: (1) the actual net costs for in-state tuition after applying the receipt of any tuition waivers, reductions, scholarships, or other assistance. Or (2) $17,500 for the academic year beginning on August 1, 2011 .","title":"To amend title 38, United States Code, to provide equity for tuition and fees for individuals entitled to educational assistance under the Post-9\/11 Educational Assistance Program of the Department of Veterans Affairs who are pursuing programs of education at institutions of higher learning, and for other purposes.","text_len":5347,"sum_len":589} {"bill_id":"108_s371","text":"SECTION 1. SUPPLY OF VACCINES.\n\n Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et \nseq.) is amended by adding at the end the following:\n\n ``Subtitle 3--Adequate Vaccine Supply\n\n``SEC. 2141. SUPPLY OF VACCINES.\n\n ``(a) In General.--\n ``(1) Plan.--Not later than 6 months after the date of \n enactment of this section, the Secretary, acting through the \n Director of the Centers for Disease Control and Prevention, \n shall develop a plan for the purchase, storage, and rotation of \n a supply of vaccines sufficient to provide routinely \n recommended vaccinations for a 6-month period for--\n ``(A) a national stockpile of vaccines for all \n children as authorized under section 1928(d)(6) of the \n Social Security Act (42 U.S.C. 1396s(d)(6)); and\n ``(B) adults.\n ``(2) Supply.--The supply of vaccines under paragraph (1) \n shall--\n ``(A) include all vaccines routinely recommended \n for children by the Advisory Committee on Immunization \n Practices; and\n ``(B) include all vaccines routinely recommended \n for adults by the Advisory Committee on Immunization \n Practices.\n ``(3) Supply authority.--The Secretary shall carry out--\n ``(A) paragraph (2)(A) using the authority provided \n for under section 1928(d)(6) of the Social Security Act \n (42 U.S.C. 1396s(d)(6)); and\n ``(B) paragraph (2)(B) using--\n ``(i) the authority provided for under \n section 317; and\n ``(ii) any other authority relating to the \n vaccines described in such paragraph.\n ``(b) Submission of Plan.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this section, the Secretary shall submit the plan \n developed under subsection (a) to--\n ``(A) the Committee on Health, Education, Labor, \n and Pensions of the Senate;\n ``(B) the Committee on Finance of the Senate; and\n ``(C) the Committee on Energy and Commerce of the \n House of Representatives.\n ``(2) Inclusions.--The plan shall include a discussion of \n the considerations that formed--\n ``(A) the basis for the plan; and\n ``(B) the prioritization of the schedule for \n purchasing vaccines set forth in the plan.\n ``(c) Implementation of the Plan.--Not later than September 30, \n2006, the Secretary shall fully implement the plan developed under \nsubsection (a).\n ``(d) Notice.--\n ``(1) In general.--For the purposes of maintaining and \n administering the supply of vaccines described under subsection \n (a), the Secretary shall require by contract that the \n manufacturer of a vaccine included in such supply provide not \n less than 1 year notice to the Secretary of a discontinuance of \n the manufacture of the vaccine, or of other factors, that may \n prevent the manufacturer from providing vaccines pursuant to an \n arrangement made to carry out this section.\n ``(2) Reduction of period of notice.--The notification \n period required under paragraph (1) may be reduced if the \n manufacturer certifies to the Secretary that good cause exists \n for reduction, under the conditions described in section \n 506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 356c).\n ``(e) Proceeds.--Any proceeds received by the Secretary from the \nsale of vaccines contained in the supply maintained pursuant to this \nsection, shall be available to the Secretary for the purpose of \npurchasing additional vaccines for the supply. Such proceeds shall \nremain available until expended.\n ``(f) Ongoing Reports.--\n ``(1) In general.--Not later than 2 years after submitting \n the plan pursuant to subsection (b), and periodically \n thereafter, the Secretary shall submit a report to the \n Committees identified in subsection (b)(1) that--\n ``(A) details the progress made in implementing the \n plan developed under subsection (a); and\n ``(B) notes impediments, if any, to implementing \n the plan developed under subsection (a).\n ``(2) Recommendation.--The Secretary shall include in the \n first of such reports required under paragraph (1)--\n ``(A) a recommendation as to whether the vaccine \n supply should be extended beyond the 6-month period \n provided in subsection (a); and\n ``(B) a discussion of the considerations that \n formed the recommendation under subparagraph (A).\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2004 through 2009.''.","summary":"Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to develop a plan for the purchase, storage, and rotation of vaccines and submit it to Congress. Declares that the supply of vaccines should be sufficient to provide for adults and children, for a six-month period, all vaccinations routinely recommended by the Advisory Committee on Immunization Practices. Directs the Secretary to require a manufacturer of a vaccine included in such supply to provide a one-year notice to the Secretary of a discontinuance of the manufacture of the vaccine or of other factors that may impede the supply of the vaccine. Permits a reduction of the period of notice for good cause. Authorizes appropriations through FY 2009.","title":"A bill to amend the Public Health Service Act to ensure an adequate supply of vaccines.","text_len":5266,"sum_len":828} {"bill_id":"109_hr4352","text":"SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED \n OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN \n NATIONAL CEMETERIES.\n\n (a) Prohibition of Interment in National Cemetery.--Section 2411 of \ntitle 38, United States Code, is amended--\n (1) in subsection (b)--\n (A) in paragraph (1), by striking ``for which the \n person was sentenced to death or life imprisonment''; \n and\n (B) in paragraph (2), by striking ``for which the \n person was sentenced to death or life imprisonment \n without parole''; and\n (2) in subsection (d)--\n (A) in paragraph (1), by striking ``the death \n penalty or life imprisonment'' and inserting ``a life \n sentence or the death penalty''; and\n (B) in paragraph (2), by striking ``the death \n penalty or life imprisonment without parole may be \n imposed'' and inserting ``a life sentence or the death \n penalty may be imposed''.\n (b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe \nregulations to ensure that a person is not interred in any cemetery in \nthe National Cemetery System unless a good faith effort has been made \nto determine whether such person is described in section 2411(b) of \ntitle 38, United States Code, or is otherwise ineligible for such \ninterment under Federal law.\n\nSEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING \n CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY \n CEMETERIES AND FUNERAL HONORS.\n\n (a) Prohibition of Interment in Military Cemetery.--Section 985 of \ntitle 10, United States Code, is amended--\n (1) in subsection (a), by striking ``who has been convicted \n '' and all that follows through ``without parole'' and \n inserting ``described in section 2411(b) of title 38'';\n (2) in subsection (b), by striking ``convicted of a capital \n offense under Federal law'' and inserting ``described in \n section 2411(b) of title 38''; and\n (3) by striking subsection (c) and inserting the following:\n ``(c) Definition.--In this section, the term `burial' includes \ninurnment.''.\n (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United \nStates Code, is amended--\n (1) by redesignating subsection (h) as subsection (i); and\n (2) by inserting after subsection (g) the following new \n subsection (h):\n ``(h) Exception for Veterans Convicted of Committing Capital \nCrimes.--In accordance with section 985(a) of this title, the Secretary \nof Defense shall not ensure that funeral honors are provided under this \nsection for a person described in section 2411(b) of title 38.''.\n (c) Rulemaking.--The Secretary of Defense shall prescribe \nregulations to ensure that a person is not interred in a cemetery \nreferred to in paragraph (1), (2), or (3) of section 985(b) of title \n10, United States Code, or provided funeral honors under section 1491 \nof such title unless a good faith effort has been made to determine \nwhether such person is a person described in section 2411(b) of title \n38, United States Code, or is otherwise ineligible for such interment \nor honors under Federal law.\n\nSEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON \n NATIONAL CEMETERY.\n\n (a) Findings.--Congress finds the following:\n (1) Arlington National Cemetery is a national shrine that \n memorializes the honorable service of members of the Armed \n Forces who have defended the freedoms that all Americans enjoy.\n (2) The inclusion among the honored dead interred at \n Arlington National Cemetery of persons who have committed \n particularly notorious, heinous acts brings dishonor to those \n honored dead and disrespect to their loved ones.\n (3) The removal from Arlington National Cemetery of the \n remains of a person who has committed a heinous act would not \n be an act of punishment against that person, but rather an act \n that would preserve the sacredness of the cemetery grounds.\n (b) Removal of Remains.--\n (1) Removal.--The Secretary of the Army shall remove the \n remains of Russell Wayne Wagner from Arlington National \n Cemetery.\n (2) Notification of next-of-kin.--On or before the date on \n which the remains of Russell Wayne Wagner are removed, the \n Secretary of the Army shall notify the next-of-kin of record \n for Russell Wayne Wagner of the removal of his remains\n (3) Reinternment.--Upon the removal of the remains of \n Russell Wayne Wagner, the Secretary of the Army shall arrange \n for the internment or inurnment of those remains in a public or \n private cemetery or, if requested, relinquish the remains to \n the next-of-kin of record.","summary":"Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors. Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery.","title":"To amend titles 10 and 38, United States Code, to modify the circumstances under which a person who has committed a capital offense is denied certain burial-related benefits and funeral honors, and for other purposes.","text_len":5079,"sum_len":667} {"bill_id":"106_s2296","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Project SEARCH Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) small communities often struggle to meet environmental \n goals due to difficulty in securing funding;\n (2) often, traditional sources of funding for environmental \n projects require expensive, complex studies or other \n application materials;\n (3) a small community that secures funding for an \n environmental project from a traditional source often is unable \n to provide matching funds required by the traditional source; \n and\n (4) small communities would benefit from a grant program \n designed to provide funding for environmental projects--\n (A) through a simplified application process; and\n (B) without the requirement of matching funds.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Council.--The term ``council'' means an independent \n citizens' council established by section 4(b) .\n (3) Environmental project.--\n (A) In general.--The term ``environmental project'' \n means a project that is carried out for the benefit of \n the public health or welfare or the environment.\n (B) Inclusion.--The term ``environmental project'' \n includes an initial feasibility study.\n (4) Region.--The term ``region'' means a geographic area of \n a State, as determined by the Governor of the State.\n (5) SEARCH grant.--The term ``SEARCH grant'' means a grant \n for special environmental assistance for the regulation of \n communities and habitat awarded under section 4(c)(3).\n (6) Small community.--The term ``small community'' means an \n incorporated or unincorporated community having a population of \n not more than 2500 individuals.\n\nSEC. 4. SEARCH GRANT PROGRAM.\n\n (a) In General.--\n (1) Establishment.--There is established the SEARCH Grant \n Program.\n (2) Grant to council.--Not later than November 1 of each \n year after the date of enactment of this Act, the Administrator \n shall transfer $1,000,000 to the Governor of each State, for \n use by the council in the State.\n (b) Independent Citizens' Council.--\n (1) Establishment.--There is established in each State an \n independent citizens' council.\n (2) Composition.--\n (A) In general.--\n (i) Representation.--Each council shall be \n composed of 9 members that broadly represent \n the general population of the State in which \n the council is established, as determined by \n the Governor of the State.\n (ii) Appointment.--A member of a council \n shall be appointed by the Governor of the \n State, except that--\n (I) not more than 1 member shall be \n an agent, employee, or official of the \n Federal Government; and\n (II) not more than 1 member shall \n be an agent, employee, or official of \n the State government.\n (B) Chairperson.--Each council shall select a \n chairperson from among the members of the council, \n except that a member described in subclause (I) or (II) \n of subparagraph (A)(ii) shall not serve as chairperson.\n (3) SEARCH grants.--\n (A) In general.--Each council shall review \n applications for and award SEARCH grants from the funds \n transferred under subsection (a)(1) to small \n communities that meet the eligibility criteria under \n subsection (c).\n (B) No matching requirement.--A small community \n that receives a SEARCH grant under this section shall \n not be required to provide matching funds.\n (c) SEARCH Grants to Small Communities.--\n (1) Eligibility criteria.--Each council may award a SEARCH \n grant under this section to a small community for an \n environmental project for which the small community--\n (A)(i) is unable to secure funding; or\n (ii) is underfunded;\n (B) has incurred unexpected expenses during \n construction of the environmental project; or\n (C) needs funds for initial feasibility or \n environmental studies before applying to traditional \n funding sources.\n (2) Application.--To apply for a SEARCH grant under this \n section, a small community shall submit to the council in the \n State in which the small community is located an application \n that includes--\n (A) a description of the proposed environmental \n project (including an explanation of how the project \n would assist the small community in complying with \n environmental regulations);\n (B) an explanation of why the project is important \n to the community;\n (C) a description of all actions taken with respect \n to the project, including any attempt to secure \n funding, as of the date of the application; and\n (D) a SEARCH grant application form provided by the \n council, completed and with all required supporting \n documentation.\n (3) Application and review.--\n (A) Application.--An application for a SEARCH grant \n under this section shall be submitted to a council not \n later than February 5 of the fiscal year for which the \n grant is to be awarded.\n (B) Review and award.--Not later than March 5 of \n each year, each council shall--\n (i) review all applications received under \n subparagraph (A); and\n (ii) award SEARCH grants to small \n communities based on an evaluation of the \n eligibility criteria under paragraph (1).\n (C) Unexpended funds.--\n (i) In general.--If any unexpended funds \n remain after SEARCH grants are awarded under \n subparagraph (B), the council may repeat the \n application and review process so that any \n remaining funds may be awarded not later than \n July 30.\n (ii) Retention of funds.--Any unexpended \n funds that are not awarded under subparagraph \n (B) or clause (i) shall be retained by the \n council for award during the following year.\n (d) Report.--Not later than September 1 of the first fiscal year \nfor which a SEARCH grant is awarded by a council under this section, \nand annually thereafter, the council shall submit to the Administrator \na report that--\n (1) describes the number of SEARCH grants awarded during \n the fiscal year;\n (2) identifies each small community that received a SEARCH \n grant during the fiscal year;\n (3) describes the project or purpose for which each SEARCH \n grant was awarded; and\n (4) describes the status of each project or portion of a \n project for which a SEARCH grant was awarded, including a \n project or portion of a project for which a SEARCH grant was \n awarded for any fiscal year before the fiscal year in which the \n report is submitted.\n (e) Authorization of Appropriations.--\n (1) Grant funding.--\n (A) In general.--There is authorized to be \n appropriated to carry out section 4(a)(2) $1,000,000 \n for each State for each fiscal year.\n (B) Actual appropriation.--If funds to carry out \n section 4(a)(2) are made available for a fiscal year in \n an amount that is less than the amount authorized under \n subparagraph (A) for the fiscal year, the appropriated \n funds shall be divided equally among the 50 States.\n (2) Other expenses.--There are authorized to be \n appropriated such sums as are necessary to carry out the \n provisions of this Act other than section 4(a)(2).","summary":"Requires the Administrator of the Environmental Protection Agency to transfer $1 million annually to each State Governor for use by independent citizens' councils established by this Act. Directs councils to review applications for and award SEARCH grants from such funds to small communities that: (1) are unable to secure funding or are underfunded for environmental projects. (2) have incurred unexpected expenses during construction of such a project. Or (3) need funds for initial feasibility or environmental studies before applying to traditional funding sources. Authorizes appropriations.","title":"Project SEARCH Act of 2000","text_len":9144,"sum_len":597} {"bill_id":"112_hr2559","text":"TITLE I--HOMELESS VETERANS MATTERS\n\nSECTION 101. SHORT TITLE.\n\n This Act may be cited as the ``Helping Homeless Heroes Act of \n2011''.\n\nSEC. 102. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS.\n\n (a) Enhancement of Grants.--Section 2011 of title 38, United States \nCode, is amended--\n (1) in subsection (b)(1)(A), by striking ``expansion, \n remodeling, or alteration of existing facilities, or \n acquisition of facilities,'' and inserting ``new construction \n of facilities, expansion, remodeling, or alteration of existing \n facilities, or acquisition of facilities''; and\n (2) in subsection (c)--\n (A) in the first sentence, by striking ``A grant'' \n and inserting ``(1) A grant'';\n (B) in the second sentence of paragraph (1), as \n designated by subparagraph (A), by striking ``The \n amount'' and inserting the following:\n ``(2) The amount''; and\n (C) by adding at the end the following new \n paragraph:\n ``(3)(A) The Secretary may not deny an application from an \n entity that seeks a grant under this section to carry out a \n project described in subsection (b)(1)(A) solely on the basis \n that the entity proposes to use funding from other private or \n public sources, if the entity demonstrates that a private \n nonprofit organization will provide oversight and site control \n for the project.\n ``(B) In this paragraph, the term `private \n nonprofit organization' means the following:\n ``(i) An incorporated private institution, \n organization, or foundation--\n ``(I) that has received, or has \n temporary clearance to receive, tax-\n exempt status under paragraph (2), (3), \n or (19) of section 501(c) of the \n Internal Revenue Code of 1986;\n ``(II) for which no part of the net \n earnings of the institution, \n organization, or foundation inures to \n the benefit of any member, founder, or \n contributor of the institution, \n organization, or foundation; and\n ``(III) that the Secretary \n determines is financially responsible.\n ``(ii) A for-profit limited partnership or \n limited liability company, the sole general \n partner or manager of which is an organization \n that is described by subclauses (I) through \n (III) of clause (i).\n ``(iii) A corporation wholly owned and \n controlled by an organization that is described \n by subclauses (I) through (III) of clause \n (i).''.\n (b) Grant and Per Diem Payments.--\n (1) Study and development of fiscal controls and payment \n method.--Not later than one year after the date of the \n enactment of this Act, the Secretary of Veterans Affairs \n shall--\n (A) complete a study of all matters relating to the \n method used by the Secretary to make per diem payments \n under section 2012(a) of title 38, United States Code; \n and\n (B) develop an improved method for adequately \n reimbursing recipients of grants under section 2011 of \n such title for services furnished to homeless veterans.\n (2) Consideration.--In developing the method required by \n paragraph (1)(B), the Secretary may consider payments and \n grants received by recipients of grants described in such \n paragraph from other departments and agencies of Federal and \n local governments and from private entities.\n (3) Report.--Not later than one year after the date of the \n enactment of this Act, the Secretary shall submit to Congress a \n report on--\n (A) the findings of the Secretary with respect to \n the study required by subparagraph (A) of paragraph \n (1);\n (B) the method developed under subparagraph (B) of \n such paragraph; and\n (C) any recommendations of the Secretary for \n revising the method described in subparagraph (A) of \n such paragraph and any legislative action the Secretary \n considers necessary to implement such method.\n (c) Authorization of Appropriations.--Section 2013 of such title is \namended by striking ``subchapter'' and all that follows through the \nperiod and inserting the following: ``subchapter amounts as follows:\n ``(1) $150,000,000 for each of fiscal years 2007 through \n 2009.\n ``(2) $175,100,000 for fiscal year 2010.\n ``(3) $217,700,000 for fiscal year 2011.\n ``(4) $250,000,000 for fiscal year 2012.\n ``(5) $150,000,000 for fiscal year 2013 and each fiscal \n year thereafter.''.\n\nSEC. 103. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH \n SPECIAL NEEDS.\n\n (a) Inclusion of Entities Eligible for Comprehensive Service \nProgram Grants and Per Diem Payments for Services to Homeless \nVeterans.--Subsection (a) of section 2061 of such title is amended--\n (1) by striking ``to grant and per diem providers'' and \n inserting ``to entities eligible for grants and per diem \n payments under sections 2011 and 2012 of this title''; and\n (2) by striking ``by those facilities and providers'' and \n inserting ``by those facilities and entities''.\n (b) Inclusion of Male Homeless Veterans With Minor Dependents.--\nSubsection (b) of such section is amended--\n (1) in paragraph (1), by striking ``, including women who \n have care of minor dependents'';\n (2) in paragraph (3), by striking ``or'';\n (3) in paragraph (4), by striking the period at the end and \n inserting ``; or''; and\n (4) by adding at the end the following new paragraph:\n ``(5) individuals who have care of minor dependents.''.\n (c) Authorization of Provision of Services to Dependents.--Such \nsection is further amended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by inserting after subsection (b) the following new \n subsection (c):\n ``(c) Provision of Services to Dependents.--A recipient of a grant \nunder subsection (a) may use amounts under the grant to provide \nservices directly to a dependent of a homeless veteran with special \nneeds who is under the care of such homeless veteran while such \nhomeless veteran receives services from the grant recipient under this \nsection.''.\n\nSEC. 104. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND \n REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION \n OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO \n ARE NOT SERIOUSLY MENTALLY ILL.\n\n Section 2031(a) of such title is amended in the matter before \nparagraph (1) by striking ``, including'' and inserting ``and to''.\n\nSEC. 105. PLAN TO END VETERAN HOMELESSNESS.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto Congress a comprehensive plan to end homelessness among veterans.\n (b) Elements.--The plan required by subsection (a) shall include \nthe following:\n (1) An analysis of programs of the Department of Veterans \n Affairs and other departments and agencies of the Federal \n Government that are designed to prevent homelessness among \n veterans and assist veterans who are homeless.\n (2) An evaluation of whether and how coordination between \n the programs described in paragraph (1) would contribute to \n ending homelessness among veterans.\n (3) Recommendations for improving the programs described in \n paragraph (1), enhancing coordination between such programs, or \n eliminating programs that are no longer effective.\n (4) Recommendations for new programs to prevent and end \n homelessness among veterans, including an estimate of the cost \n of such programs.\n (5) A timeline for implementing the plan, including \n milestones to track the implementation of the plan.\n (6) Benchmarks to measure the effectiveness of the plan and \n the efforts of the Secretary to implement the plan.\n (7) Such other matters as the Secretary considers \n necessary.\n (c) Consideration of Veterans Located in Rural Areas.--The \nanalysis, evaluation, and recommendations included in the report \nrequired by subsection (a) shall include consideration of the \ncircumstances and requirements that are unique to veterans located in \nrural areas.\n\nSEC. 106. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS \n VETERANS.\n\n (a) Health Care for Homeless Veterans.--Section 2031(b) of title \n38, United States Code, is amended by striking ``December 31, 2011'' \nand inserting ``December 31, 2012''.\n (b) Centers for Provision of Comprehensive Services to Homeless \nVeterans.--Section 2033(d) of such title is amended by striking \n``December 31, 2011'' and inserting ``December 31, 2014''.\n (c) Property Transfers for Housing Assistance for Homeless \nVeterans.--Section 2041(c) of such title is amended by striking \n``December 31, 2011'' and inserting ``December 31, 2014''.\n (d) Advisory Committee on Homeless Veterans.--Section 2066(d) of \nsuch title is amended by striking ``December 30, 2011'' and inserting \n``December 30, 2013''.\n\nSEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS \n REINTEGRATION PROGRAM.\n\n Section 2021(e)(1) of such title is amended adding at the end the \nfollowing new subparagraph:\n ``(G) $50,000,000 for fiscal year 2012.''.\n\nSEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE \n FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN \n FAMILIES IN PERMANENT HOUSING.\n\n (a) In General.--Section 2044(e) of such title is amended--\n (1) in paragraph (1), by adding at the end the following \n new subparagraph:\n ``(D) $100,000,000 for fiscal year 2012.''; and\n (2) in paragraph (3), by striking ``2011'' and inserting \n ``2012''.\n (b) Technical Amendment.--Paragraph (1) of such subsection is \nfurther amended by striking ``carry out subsection (a), (b), and (c)'' \nand inserting ``carry out subsections (a), (b), and (c)''.\n\nSEC. 109. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR \n HOMELESS VETERANS WITH SPECIAL NEEDS.\n\n Section 2061(c)(1) of such title is amended by striking ``2011'' \nand inserting ``2013''.","summary":"Helping Homeless Heroes Act of 2011 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control. Revises eligibility: (1) under the grant program for entities serving homeless veterans with special needs, and (2) for treatment and rehabilitation of homeless veterans who are not seriously mentally ill. Includes all individuals caring for minor dependents within the definition of homeless veterans with special needs. Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to consider circumstances and requirements unique to veterans located in rural areas. Extends provisions concerning: (1) homeless veterans' health care to December 31, 2012. (2) centers for provision of comprehensive services and property transfers for housing assistance to December 31, 2014. And (3) the Advisory Committee on Homeless Veterans to December 30, 2013.","title":"To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to homeless veterans, and for other purposes.","text_len":11437,"sum_len":1306} {"bill_id":"110_s1923","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Assistance Authorization Act \nof 2007''.\n\nSEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS.\n\n None of the amounts authorized by this Act may be used to lobby or \nretain a lobbyist for the purpose of influencing a Federal, State, or \nlocal governmental entity or officer.\n\nSEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.\n\n (a) Use.--The Secretary of Housing and Urban Development may \nprovide financial assistance to the Housing Assistance Council for use \nby such Council to develop the ability and capacity of community-based \nhousing development organizations to undertake community development \nand affordable housing projects and programs in rural areas. Assistance \nprovided by the Secretary under this section may be used by the Housing \nAssistance Council for--\n (1) technical assistance, training, support, and advice to \n develop the business and administrative capabilities of rural \n community-based housing development organizations;\n (2) loans, grants, or other financial assistance to rural \n community-based housing development organizations to carry out \n community development and affordable housing activities for \n low- and moderate-income families; and\n (3) such other activities as may be determined by the \n Secretary and the Housing Assistance Council.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated for financial assistance under this section for the \nHousing Assistance Council--\n (1) $5,000,000 for fiscal year 2008; and\n (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND.\n\n (a) Use.--The Secretary of Housing and Urban Development may make a \ngrant to the Raza Development Fund for the purpose of providing \ntechnical and financial assistance to local non-profit organizations to \nundertake community development and affordable housing projects and \nprograms serving low- and moderate-income households, particularly \nthrough organizations located in neighborhoods with substantial \npopulations of income-disadvantaged households of Hispanic origin. \nAssistance provided by the Secretary under this section may be used by \nthe Raza Development Fund to--\n (1) provide technical and financial assistance for site \n acquisition and development, construction financing, and short- \n and long-term financing for housing, community facilities, and \n economic development;\n (2) leverage capital from private entities, including \n private financial institutions, insurance companies, and \n private philanthropic organizations;\n (3) provide technical assistance, training, support, and \n advice to develop the management, financial, and administrative \n capabilities of housing development organizations serving low-\n income households, including Hispanic households; and\n (4) conduct such other activities as may be determined by \n the Secretary and the Raza Development Fund.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated for grants under this section--\n (1) $5,000,000 for fiscal year 2008; and\n (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK.\n\n (a) Use.--The Secretary of Housing and Urban Development may make a \ngrant to the Housing Partnership Network (hereafter referred to as the \n``Network'') for the purpose of creating, sustaining, and improving \naccess to affordable housing and community facilities that benefit very \nlow-, low- and moderate-income households and communities. Assistance \nprovided by the Secretary under this section may be used by the Network \nto--\n (1) make investments, loans, and grants to its member \n nonprofits that demonstrate expertise in using such funds to \n leverage additional private capital to build, operate, finance, \n and sustain affordable housing and related community \n development facilities;\n (2) make investments in entities sponsored by the Network \n with the intent to leverage additional private capital for the \n purpose of furthering the production capacity, sustainability, \n or efficiency of its members;\n (3) pay for the necessary and reasonable expenses of the \n Network to administer and oversee such investments, including \n the cost of underwriting, managing the assets of the Network, \n and reporting to the Secretary and other capital providers, \n provided however, that such expenses do not exceed 6 percent of \n any amounts made available pursuant to subsection (b); and\n (4) conduct such other activities as may be determined by \n the Secretary and the Network.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated for grants under this section--\n (1) $5,000,000 for fiscal year 2008; and\n (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 6. AUDITS AND REPORTS.\n\n (a) Audit.--In any year in which an entity or organization \ndescribed under either section 3, 4, or 5 receives funds under this \nAct, the Comptroller General of the United States shall--\n (1) audit the financial transactions and activities of such \n entity or organization only with respect to such funds so \n received; and\n (2) submit a report detailing such audit to the Committee \n on Banking, Housing, and Urban Affairs of the Senate and the \n Committee on Financial Services of the House of \n Representatives.\n (b) GAO Report.--The Comptroller General of the United States shall \nconduct a study and submit a report to the Committee on Banking, \nHousing, and Urban Affairs of the Senate and the Committee on Financial \nServices of the House of Representative on the use of any funds \nappropriated to an entity or organization described under either \nsection 3, 4, or 5 over the past 10 years.\n\nSEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.\n\n None of the funds made available under this Act may be used to \nprovide direct housing assistance to any person not lawfully present in \nthe United States.\n ","summary":"Housing Assistance Authorization Act of 2007 - Prohibits the use of funds authorized by this Act to lobby or retain a lobbyist to influence a federal, state, or local governmental entity or officer. Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Authorizes the Housing Assistance Council to use such assistance for: (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations. And (2) loans, grants, or other financial assistance to such organizations to carry out community development and affordable housing activities for low- and moderate-income families. Authorizes appropriations for FY2008-FY2010. Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Authorizes the Fund to use such assistance to: (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development, (2) leverage capital from private entities. And (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving such low-income households. Authorizes appropriations for FY2008-FY2010. Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low- and moderate-income households and communities. Authorizes the Network to use such assistance to: (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities. (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital to further the production capacity, sustainability, or efficiency of its members. And (3) pay for the expenses of the Network to administer and oversee such investments. Authorizes appropriations for FY2008-FY2010. Directs the Comptroller General to audit entities or organizations receiving such funds. Prohibits the use of such funds to provide direct housing assistance to any person not lawfully present in the United States.","title":"An original bill to authorize appropriations for assistance for the Housing Assistance Council, the Raza Development Fund, and for the Housing Partnership Network (HPN) and its members, and for other purposes.","text_len":7069,"sum_len":2999} {"bill_id":"104_hr4268","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Telemedicine and Medical \nInformatics Demonstration Act of 1996''.\n\nSEC. 2. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT.\n\n (a) Purpose and Authorization.--\n (1) In general.--Under section 1142 of the Social Security \n Act and consistent with this section, the Secretary of Health \n and Human Services, through the Agency for Health Care Policy \n and Research, shall make a grant to an eligible grantee to \n provide for a project to demonstrate the application of high-\n capacity computing and advanced networks to the provision of \n health care to both residents of medically underserved rural \n areas and residents of medically underserved inner-city areas.\n (2) Focus.--The project shall focus on--\n (A) improvements in primary care (and prevention of \n complications) for those residents with diabetes \n (mellitus), and\n (B) those residents who are Medicare beneficiaries.\n (3) Duration of project.--The project shall be conducted \n over a 4-year period.\n (4) Authorization of appropriations; medicare and medicaid \n waiver authority.--The total amount of Federal expenditures \n that may be provided pursuant to this section under the project \n shall not exceed $30,000,000. Subject to such limitation, the \n Secretary may waive such provisions of title XVIII and XIX of \n the Social Security Act as may be appropriate in order to \n permit and demonstrate the provision of Medicare and Medicaid \n funding under the project.\n (b) Objectives of Project.--The objectives of the project include \nthe following:\n (1) Improving patient access to and compliance with \n appropriate care guidelines for chronic diseases through direct \n telecommunications link with information networks in order to \n improve patient quality-of-life and reduce overall health care \n costs.\n (2) Developing a curriculum to train, and providing \n standards for credentialing and licensure of, health \n professionals (particularly primary care health professionals) \n in the use of medical informatics and telecommunciations.\n (3) Demonstrating the application of advanced technologies, \n such as video-conferencing from a patient's home, remote \n monitoring of a patient's medical condition, interventional \n informatics, and applying individualized, automated care \n guidelines, to assist primary care providers in assisting \n patients with chronic illnesses in a home setting.\n (4) Application of medical informatics to residents with \n limited English language skills.\n (5) Developing standards in the application of telemedicine \n and medical informatics.\n (6) Developing a model for the cost-effective delivery of \n primary and related care both in a managed care environment and \n in a fee-for-service environment.\n (c) Eligible Grantee.--For purposes of this section, the term \n``eligible grantee'' means a consortium that includes at least one \ntertiary care hospital, at least one medical school, and at least one \nregional telecommunications provider and that meets the following \nrequirements:\n (1) The consortium is located in an area with a high \n concentration of medical schools and tertiary care facilities \n and has appropriate arrangements (within or outside the \n consortium) with such schools and facilities, universities, and \n telecommunications providers, in order to conduct the project.\n (2) The consortium submits to the Secretary an application \n at such time, in such manner, and containing such information \n as the Secretary may require, including a description of the \n use to which the consortium would apply any amounts received \n under the project and the source and amount of non-Federal \n contribution towards the project.\n (3) The consortium demonstrates that it will provide for a \n contribution toward the project from non-Federal funds or \n resources in an amount that is not less than 50 percent of the \n total amount to be expended in carrying out the project.\n (d) Use of Funds.--\n (1) In general.--Federal payments made available to an \n eligible grantee under this section shall be used for the \n development and operation of telemedicine and medical \n informatics systems and related activities under the project.\n (2) Specific uses permitted.--Such payments may be used for \n any of the following:\n (A) The acquisition of telemedicine equipment for \n use in patients' homes (but only in the case of \n patients located in medically underserved areas).\n (B) Curriculum development and training of health \n professionals in medical informatics and telemedicine.\n (C) Payment of telecommunications costs (including \n salaries and maintenance of equipment), including costs \n of telecommunications between patients' homes and the \n eligible grantee and between the grantee and other \n entities under the arrangements described in subsection \n (c)(1).\n (D) Payments to practitioners and providers under \n the Medicare and Medicaid programs.\n (3) Prohibited uses.--Such payments may not be used for any \n of the following:\n (A) The purchase or installation of transmission \n equipment (other than such equipment used by health \n professionals to deliver medical informatics services \n under the project).\n (B) The establishment or operation of a \n telecommunications common carrier network.\n (C) Construction (except for minor renovations \n related to the installation of reimbursable equipment) \n or the acquisition or building of real property.\n (e) Reports.--The Secretary shall submit to the Committees on Ways \nand Means and Commerce of the House of Representatives and the \nCommittees on Finance and Labor and Human Resources of the Senate \ninterim reports on the project and a final report on the project within \n6 months after the conclusion of the project. The final report shall \ninclude an evaluation of the impact of the use of telemedicine and \nmedical informatics on improving access of medicare and medicaid \nbeneficiaries to health care services, on reducing the costs of such \nservices, and on improving the quality of life of such beneficiaries.\n (f) Definitions.--For purposes of this section:\n (1) Interventional informatics.--The term ``interventional \n informatics'' means using information technology and virtual \n reality technology to intervene in patient care.\n (2) Medical informatics.--The term ``medical informatics'' \n means the storage, retrieval, and use of biomedical and related \n information for problem solving and decision-making through \n computing and communications technologies.\n (3) Project.--The term ``project'' means the demonstration \n project under this section.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.","summary":"Medicare Telemedicine and Medical Informatics Demonstration Act of 1996 - Directs the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, to make a grant to a consortium meeting specified criteria to provide for a project for the development and operation of telemedicine and medical informatics systems to demonstrate the application of high-capacity computing and advanced networks to the provision of health care to residents of medically underserved rural and inner-city areas. Requires the project to focus on Medicare beneficiaries and on improvements in primary care for residents with diabetes (mellitus). Lists project objectives, which include improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. Authorizes appropriations.","title":"Medicare Telemedicine and Medical Informatics Demonstration Act of 1996","text_len":7753,"sum_len":968} {"bill_id":"110_s35","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Western Hemisphere Traveler \nImprovement Act of 2007''.\n\nSEC. 2. CERTIFICATIONS.\n\n Section 7209(b)(1) of the Intelligence Reform and Terrorism \nPrevention Act of 2004 (8 U.S.C. 1185 note) is amended--\n (1) in subparagraph (B)--\n (A) in clause (v)--\n (i) by striking ``process'' and inserting \n ``read''; and\n (ii) inserting ``at all ports of entry'' \n after ``installed'';\n (B) in clause (vi), by striking ``and'' at the end;\n (C) in clause (vii), by striking the period at the \n end and inserting a semicolon; and\n (D) by adding at the end the following:\n ``(viii) a pilot program in which not fewer \n than 1 State has been initiated and evaluated \n to determine if an enhanced driver's license, \n which is machine-readable and tamper-proof, not \n valid for certification of citizenship for any \n purpose other than admission into the United \n States from Canada, and issued by such State to \n an individual, may permit the individual to use \n the individual's driver's license to meet the \n documentation requirements under subparagraph \n (A) for entry into the United States from \n Canada at the land and sea ports of entry;\n ``(ix) the report described in subparagraph \n (C) has been submitted to the appropriate \n congressional committees;\n ``(x) a study has been conducted to \n determine the number of passports and passport \n cards that will be issued as a consequence of \n the documentation requirements under \n subparagraph (A); and\n ``(xi) sufficient passport adjudication \n personnel have been hired or contracted--\n ``(I) to accommodate--\n ``(aa) increased demand for \n passports as a consequence of \n the documentation requirements \n under subparagraph (A); and\n ``(bb) a surge in such \n demand during seasonal peak \n travel times; and\n ``(II) to ensure that the time \n required to issue a passport or \n passport card is not anticipated to \n exceed 8 weeks.''; and\n (2) by adding at the end the following:\n ``(C) Report.--Not later than 180 days after the \n initiation of the pilot program described in \n subparagraph (B)(viii), the Secretary of Homeland \n Security and the Secretary of State shall submit to the \n appropriate congressional committees a report, which \n includes--\n ``(i) an analysis of the impact of the \n pilot program on national security;\n ``(ii) recommendations on how to expand the \n pilot program to other States;\n ``(iii) any appropriate statutory changes \n to facilitate the expansion of the pilot \n program to additional States and to citizens of \n Canada;\n ``(iv) a plan to scan individuals \n participating in the pilot program against \n United States terrorist watch lists;\n ``(v) an evaluation of and recommendations \n for the type of machine-readable technology \n that should be used in enhanced driver's \n licenses, based on individual privacy \n considerations and the costs and feasibility of \n incorporating any new technology into existing \n driver's licenses;\n ``(vi) recommendations for improving the \n pilot program; and\n ``(vii) an analysis of any cost savings for \n a citizen of the United States participating in \n an enhanced driver's license program as \n compared with participating in an alternative \n program.''.\n\nSEC. 3. SPECIAL RULE FOR MINORS.\n\n Section 7209(b) of the Intelligence Reform and Terrorism Prevention \nAct of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by \nadding at the end the following new paragraph:\n ``(3) Special rule for minors.--Notwithstanding any other \n provision of law, the Secretary of Homeland Security shall \n permit an individual to enter the United States without \n providing any evidence of citizenship if the individual--\n ``(A)(i) is less than 16 years old;\n ``(ii) is accompanied by the individual's legal \n guardian;\n ``(iii) is entering the United States from Canada \n or Mexico;\n ``(iv) is a citizen of the United States or Canada; \n and\n ``(v) provides a birth certificate; or\n ``(B)(i) is less than 18 years old;\n ``(ii) is traveling under adult supervision with a \n public or private school group, religious group, social \n or cultural organization, or team associated with a \n youth athletics organization; and\n ``(iii) provides a birth certificate.''.\n\nSEC. 4. TRAVEL FACILITATION INITIATIVES.\n\n Section 7209 of the Intelligence Reform and Terrorism Prevention \nAct of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by \nadding at the end the following new subsections:\n ``(e) State Driver's License and Identification Card Enrollment \nProgram.--\n ``(1) In general.--Notwithstanding any other provision of \n law and not later than 180 days after the submission of the \n report described in subsection (b)(1)(C), the Secretary of \n State and the Secretary of Homeland Security shall issue \n regulations to establish a State Driver's License and Identity \n Card Enrollment Program as described in this subsection \n (hereinafter in this subsection referred to as the `Program') \n and which allows the Secretary of Homeland Security to enter \n into a memorandum of understanding with an appropriate official \n of each State that elects to participate in the Program.\n ``(2) Purpose.--The purpose of the Program is to permit a \n citizen of the United States who produces a driver's license or \n identity card that meets the requirements of paragraph (3) or a \n citizen of Canada who produces a document described in \n paragraph (4) to enter the United States from Canada by land or \n sea without providing any other documentation or evidence of \n citizenship.\n ``(3) Admission of citizens of the united states.--A \n driver's license or identity card meets the requirements of \n this paragraph if--\n ``(A) the license or card--\n ``(i) was issued by a State that is \n participating in the Program; and\n ``(ii) is tamper-proof and machine \n readable; and\n ``(B) the State that issued the license or card--\n ``(i) has a mechanism to verify the United \n States citizenship status of an applicant for \n such a license or card;\n ``(ii) does not require an individual to \n include the individual's citizenship status on \n such a license or card; and\n ``(iii) manages all information regarding \n an applicant's United States citizenship status \n in the same manner as such information \n collected through the United States passport \n application process and prohibits any other use \n or distribution of such information.\n ``(4) Admission of citizens of canada.--\n ``(A) In general.--Notwithstanding any other \n provision of law, if the Secretary of State and the \n Secretary of Homeland Security determine that an \n identity document issued by the Government of Canada or \n by the Government of a Province or Territory of Canada \n meets security and information requirements comparable \n to the requirements for a driver's license or identity \n card described in paragraph (3), the Secretary of \n Homeland Security shall permit a citizen of Canada to \n enter the United States from Canada using such a \n document without providing any other documentation or \n evidence of Canadian citizenship.\n ``(B) Technology standards.--The Secretary of \n Homeland Security shall work, to the maximum extent \n possible, to ensure that an identification document \n issued by Canada that permits entry into the United \n States under subparagraph (A) utilizes technology \n similar to the technology utilized by identification \n documents issued by the United States or any State.\n ``(5) Authority to expand.--Notwithstanding any other \n provision of law, the Secretary of State and the Secretary of \n Homeland Security may expand the Program to permit an \n individual to enter the United States--\n ``(A) from a country other than Canada; or\n ``(B) using evidence of citizenship other than a \n driver's license or identity card described in \n paragraph (3) or a document described in paragraph (4).\n ``(6) Relationship to other requirements.--Nothing in this \n subsection shall have the effect of creating a national \n identity card or a certification of citizenship for any purpose \n other than admission into the United States as described in \n this subsection.\n ``(7) State defined.--In this subsection, the term `State' \n means any of the several States of the United States, the \n Commonwealth of the Northern Mariana Islands, the Commonwealth \n of Puerto Rico, the District of Columbia, Guam, the Virgin \n Islands of the United States, or any other territory or \n possession of the United States.\n ``(f) Waiver for Intrastate Travel.--The Secretary of Homeland \nSecurity shall accept a birth certificate as proof of citizenship for \nany United States citizen who is traveling directly from one part of a \nState to a noncontiguous part of that State through Canada, if such \ncitizen cannot travel by land to such part of the State without \ntraveling through Canada, and such travel in Canada is limited to no \nmore than 2 hours.\n ``(g) Waiver of Pass Card and Passport Execution Fees.--\n ``(1) In general.--Notwithstanding any other provision of \n law, during the 2-year period beginning on the date on which \n the Secretary of Homeland Security publishes a final rule in \n the Federal Register to carry out subsection (b), the Secretary \n of State shall--\n ``(A) designate 1 facility in each city or port of \n entry designated under paragraph (2), including a State \n Department of Motor Vehicles facility located in such \n city or port of entry if the Secretary determines \n appropriate, in which a passport or passport card may \n be procured without an execution fee during such \n period; and\n ``(B) develop not fewer than 6 mobile enrollment \n teams that--\n ``(i) are able to issue passports or other \n identity documents issued by the Secretary of \n State without an execution fee during such \n period;\n ``(ii) are operated along the northern and \n southern borders of the United States; and\n ``(iii) focus on providing passports and \n other such documents to citizens of the United \n States who live in areas of the United States \n that are near such an international border and \n that have relatively low population density.\n ``(2) Designation of cities and ports of entry.--The \n Secretary of State shall designate cities and ports of entry \n for purposes of paragraph (1)(A) as follows:\n ``(A) The Secretary shall designate not fewer than \n 3 cities or ports of entry that are 100 miles or less \n from the northern border of the United States.\n ``(B) The Secretary shall designate not fewer than \n 3 cities or ports of entry that are 100 miles or less \n from the southern border of the United States.\n ``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in \nthe Federal Register to carry out subsection (b), the Secretary of \nHomeland Security shall conduct a complete cost-benefit analysis of \ncarrying out this section. Such analysis shall include analysis of--\n ``(1) any potential costs of carrying out this section on \n trade, travel, and the tourism industry; and\n ``(2) any potential savings that would result from the \n implementation of the State Driver's License and Identity Card \n Enrollment Program established under subsection (e) as an \n alternative to passports and passport cards.\n ``(i) Report.--During the 2-year period beginning on the date that \nis the 3 months after the date on which the Secretary of Homeland \nSecurity begins implementation of subsection (b)(1)--\n ``(1) the Secretary of Homeland Security shall submit to \n the appropriate congressional committees a report not less than \n once every 3 months on--\n ``(A) the average delay at border crossings; and\n ``(B) the average processing time for a NEXUS card, \n FAST card, or SENTRI card; and\n ``(2) the Secretary of State shall submit to the \n appropriate congressional committees a report not less than \n once every 3 months on the average processing time for a \n passport or passport card.\n ``(j) Appropriate Congressional Committees Defined.--In this \nsection, the term `appropriate congressional committees' means--\n ``(1) the Committee on Appropriations, the Committee on \n Homeland Security and Governmental Affairs, and the Committee \n on the Judiciary of the Senate; and\n ``(2) the Committee on Appropriations, the Committee on \n Homeland Security, and the Committee on the Judiciary of the \n House of Representatives.''.\n\nSEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF THE WESTERN \n HEMISPHERE TRAVEL INITIATIVE.\n\n The intent of Congress in enacting section 546 of the Department of \nHomeland Security Appropriations Act, 2007 (Public Law 109-295; 120 \nStat. 1386) was to prevent the Secretary of Homeland Security from \nimplementing the plan described in section 7209(b)(1) of the \nIntelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 \nnote) before the earlier of June 1, 2009, or the date on which the \nSecretary certifies to Congress that an alternative travel document, \nknown as a passport card, has been developed and widely distributed to \neligible citizens of the United States.\n\nSEC. 6. PASSPORT PROCESSING STAFF AUTHORITIES.\n\n (a) Reemployment of Civil Service Annuitants.--Section 61(a) of the \nState Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is \namended--\n (1) in paragraph (1), by striking ``To facilitate'' and all \n that follows through ``, the Secretary'' and inserting ``The \n Secretary''; and\n (2) in paragraph (2), by striking ``2008'' and inserting \n ``2010''.\n (b) Reemployment of Foreign Service Annuitants.--Section 824(g) of \nthe Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended--\n (1) in paragraph (1)(B), by striking ``to facilitate'' and \n all that follows through ``Afghanistan,''; and\n (2) in paragraph (2), by striking ``2008'' and inserting \n ``2010''.\n\nSEC. 7. REPORT ON BORDER INFRASTRUCTURE.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of Transportation, in consultation \nwith the Secretary of Homeland Security, shall submit to the \nappropriate congressional committees a report on the adequacy of the \ninfrastructure of the United States to manage cross-border travel \nassociated with the NEXUS, FAST, and SENTRI programs. Such report shall \ninclude consideration of--\n (1) the ability of frequent travelers to access dedicated \n lanes for such travel;\n (2) the total time required for border crossing, including \n time spent prior to ports of entry;\n (3) the frequency, adequacy of facilities and any \n additional delays associated with secondary inspections; and\n (4) the adequacy of readers to rapidly read identity \n documents of such individuals.\n (b) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means--\n (1) the Committee on Appropriations, the Committee on \n Homeland Security and Governmental Affairs, and the Committee \n on the Judiciary of the Senate; and\n (2) the Committee on Appropriations, the Committee on \n Homeland Security, and the Committee on the Judiciary of the \n House of Representatives.","summary":"Western Hemisphere Traveler Improvement Act of 2007 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require as part of the certifications required prior to implementation of the western hemisphere travel initiative (Initiative), that: (1) a pilot program of at least one state has been initiated and evaluated to determine if an enhanced driver's license valid only for citizenship verification for US entry from Canada meets documentation requirements. (2) a study has determined the number of passports and passport cards that will be required to be issued. And (3) sufficient passport adjudication personnel have been hired. Authorizes a person under 16 years old who is a US or Canadian citizen to enter the United States with a birth certificate if the person: (1) is accompanied by the individual's legal guardian. And (2) is entering the United States from Canada or Mexico. Authorizes a person under 18 years old to enter the United States with a birth certificate if the person is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or a youth sports team. Directs the Secretary of State and the Secretary of Homeland Security to establish a state driver's license and identity card enrollment program to permit a US citizen with a qualifying driver's license or identity card or a Canadian citizen with a qualifying comparable document to enter the United States from Canada by land or sea without providing other citizenship documentation. Authorizes program expansion to include other countries. Directs the Secretary of Homeland Security to accept a birth certificate as proof of citizenship for any US citizen who is traveling from one part of a state to a noncontiguous part of that state through Canada if: (1) the citizen cannot travel by land to such part of the state without traveling through Canada. And (2) the travel in Canada is limited to no more than two hours. Directs the Secretary of State, during the two-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out the Initiative, to: (1) provide one facility in each of at least six designated cites or ports of entry in which a passport or passport card may be procured without an execution fee. And (2) develop at least six mobile teams along the US northern and southern borders to issue passports or other identity documents without an execution fee. Requires the Secretary of Homeland Security to do a cost-benefit analysis of the Initiative prior to publishing such final rule. States that Congress' intent in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 was to prevent the Secretary of Homeland Security from implementing the Initiative before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document has been developed and widely distributed to eligible US citizens. Amends the State Department Basic Authorities Act of 1956 to extend passport processing authorities for civil service and foreign service annuitants.","title":"A bill to amend section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 and for other purposes.","text_len":19252,"sum_len":3184} {"bill_id":"111_hr4098","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Secure Federal File Sharing Act''.\n\nSEC. 2. REQUIREMENTS.\n\n (a) Updated Guidance on Use of Certain Software Programs.--Not \nlater than 90 days after the date of the enactment of this Act, the \nDirector of the Office of Management and Budget, after consultation \nwith the Federal Chief Information Officers Council, shall issue \nguidance on the use of peer-to-peer file sharing software--\n (1) to prohibit the download, installation, or use by \n Government employees and contractors of open-network peer-to-\n peer file sharing software on all Federal computers, computer \n systems, and networks, including those operated by contractors \n on the Government's behalf, unless such software is approved in \n accordance with procedures under subsection (b); and\n (2) to address the download, installation, or use by \n Government employees and contractors of such software on home \n or personal computers as it relates to telework and remotely \n accessing Federal computers, computer systems, and networks, \n including those operated by contractors on the Government's \n behalf.\n (b) Approval Process for Certain Software Programs.--Not later than \n90 days after the date of the enactment of this Act, the Director of \nthe Office of Management and Budget shall develop a procedure by which \nthe Director, in consultation with the Chief Information Officer, may \nreceive requests from heads of agencies or chief information officers \nof agencies for approval for use by Government employees and \ncontractors of specific open-network peer-to-peer file sharing software \nprograms that are--\n (1) necessary for the day-to-day business operations of the \n agency;\n (2) instrumental in completing a particular task or project \n that directly supports the agency's overall mission;\n (3) necessary for use between, among, or within Federal, \n State, or local government agencies in order to perform \n official agency business; or\n (4) necessary for use during the course of a law \n enforcement investigation.\n (c) Agency Responsibilities.--Not later than 180 days after the \ndate of enactment of this Act, the Director of the Office of Management \nand Budget shall--\n (1) direct agencies to establish or update personal use \n policies of the agency to be consistent with the guidance \n issued pursuant to subsection (a);\n (2) direct agencies to require any contract awarded by the \n agency to include a requirement that the contractor comply with \n the guidance issued pursuant to subsection (a) in the \n performance of the contract;\n (3) direct agencies to update their information technology \n security or ethics training policies to ensure that all \n employees, including those working for contractors on the \n Government's behalf, are aware of the requirements of the \n guidance required by subsection (a) and the consequences of \n engaging in prohibited conduct; and\n (4) direct agencies to ensure that proper security controls \n are in place to prevent, detect, and remove file sharing \n software that is prohibited by the guidance issued pursuant to \n subsection (a) from all Federal computers, computer systems, \n and networks, including those operated by contractors on the \n Government's behalf.\n\nSEC. 3. ANNUAL REPORT.\n\n Not later than 1 year after the date of the enactment of this Act, \nand annually thereafter, the Director of the Office of Management and \nBudget shall submit to the Committee on Oversight and Government Reform \nof the House of Representatives and the Committee on Homeland Security \nand Governmental Affairs of the Senate a report on the implementation \nof this Act, including--\n (1) a justification for each open-network peer-to-peer file \n sharing software program that is approved pursuant to \n subsection (b); and\n (2) an inventory of the agencies where such programs are \n being used.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Agency.--The term ``agency'' has the meaning provided \n the term ``Executive agency'' by section 105 of title 5, United \n States Code.\n (2) Open-network.--The term ``open-network'', with respect \n to software, means a network in which--\n (A) access is granted freely, without limitation or \n restriction; or\n (B) there are little or no security measures in \n place.\n (3) Peer-to-peer file sharing software.--The term ``peer-\n to-peer file sharing software''--\n (A) means a program, application, or software that \n is commercially marketed or distributed to the public \n and that enables--\n (i) a file or files on the computer on \n which such program is installed to be \n designated as available for searching and \n copying to one or more other computers;\n (ii) the searching of files on the computer \n on which such program is installed and the \n copying of any such file to another computer--\n (I) at the initiative of such other \n computer and without requiring any \n action by an owner or authorized user \n of the computer on which such program \n is installed; and\n (II) without requiring an owner or \n authorized user of the computer on \n which such program is installed to have \n selected or designated another computer \n as the recipient of any such file; and\n (iii) an owner or authorized user of the \n computer on which such program is installed to \n search files on one or more other computers \n using the same or a compatible program, \n application, or software, and copy such files \n to such owner or user's computer; and\n (B) does not include a program, application, or \n software designed primarily--\n (i) to operate as a server that is \n accessible over the Internet using the Internet \n Domain Name system;\n (ii) to transmit or receive email messages, \n instant messaging, real-time audio or video \n communications, or real-time voice \n communications; or\n (iii) to provide network or computer \n security (including the detection or prevention \n of fraudulent activities), network management, \n maintenance, diagnostics, or technical support \n or repair.\n (4) Contractor.--The term ``contractor'' means a prime \n contractor or a subcontractor, as defined by the Federal \n Acquisition Regulation.\n\nSEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n Passed the House of Representatives March 24, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act. And (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks. Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business. Or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission. Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act, (2) require contracts to require contractor compliance with that guidance. (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct. And (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited. Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act. And (2) an inventory of the agencies where such programs are being used. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.","title":"To require the Director of the Office of Management and Budget to issue guidance on the use of peer-to-peer file sharing software to prohibit the personal use of such software by Government employees, and for other purposes.","text_len":8355,"sum_len":2399} {"bill_id":"106_hr952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Zoning Preservation Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) In the Telecommunications Act of 1996, Congress \n preserved local zoning authority over decisions regarding the \n placement, construction and modification of personal wireless \n service facilities, except that (A) the zoning application must \n be acted upon within a reasonable amount of time; (B) the \n decision must be in writing and be supported by substantial \n evidence; (C) the decision must not be based on concerns about \n the environmental effects of radio frequency emissions from \n facilities; and (D) the State or locality must not discriminate \n among personal wireless service providers.\n (2) State and municipal zoning decisions traditionally have \n been afforded virtually complete deference by Federal courts. \n Issues of land use are distinctly local and therefore fall on \n the State-side of the federalism divide.\n (3) When Congress passed the Telecommunications Act of \n 1996, it anticipated the need for and proliferation of personal \n wireless service facilities. Congress, however, included the \n provisions on the preservation of local zoning authority \n because it also realized the need to protect State and local \n authority to regulate the placement, construction, and \n modification of these facilities, with few limitations.\n (4) The limitations in the Act have forced States and \n localities into needless litigation regarding denials of \n facility applications. In some cases, the courts have \n misinterpreted the intent of the limitations in the Act on \n State and local authority, forcing many States and localities \n to approve applications for construction of unsightly mammoth \n personal wireless service towers in their community.\n (5) Many residents of States and local towns have expressed \n concerns about the impact of personal wireless facilities and \n towers on property values, aesthetics, and the character of \n local communities.\n (6) Many localities have refused to approve personal \n wireless service facility applications in response to citizen \n concerns about the facility and tower impacts on property \n values, aesthetics, and character of the community.\n (7) A specific limitation included in the section \n 332(c)(7)(B)(iii) of the Communications Act of 1934, as amended \n by the Telecommunications Act of 1996, provides that any \n decision by a state or local government to deny a request to \n place, construct, or modify personal wireless service \n facilities shall be in writing and supported by ``substantial \n evidence'' contained in the written record. The conference \nreport for the Telecommunications Act of 1996 defined ``substantial \nevidence contained in the written record'' as the traditional standard \nused for judicial review of agency actions--more than a scintilla of \nevidence but less than a preponderance.\n (8) Denials of these personal wireless service facility \n applications have led to litigation in Federal courts, \n sometimes resulting in federal judges overturning local zoning \n board decisions.\n (9) The Federal courts are split on what constitutes \n ``substantial evidence'' to uphold a local zoning board's \n decision to deny a permit for construction, placement, or \n modification of personal wireless service facility.\n (10) Some Federal courts have refused to acknowledge \n citizen concerns about aesthetics or a decline in property \n value as legitimate reasons for denying a personal wireless \n service facility application, holding that such concerns do not \n constitute ``substantial evidence''. See, e.g., APT \n Minneapolis, Inc. v. City of Maplewood, 1998 WL 634224, at *5 \n (D. Minn. Aug. 12, 1998) (concluding that ``[c]ourts construing \n the TCA have universally held that general aesthetic \n considerations fail to meet the substantial evidence test''); \n Omnipoint Communications Enterprises, Inc. v. Town of Amherst, \n N.H., Civil No. 97-614-JD (D. N.H. Aug. 21, 1998) (stating that \n ``[a]lthough aesthetic considerations may be properly taken \n into account by local governments in some circumstances, they \n cannot be used to exclude PWS towers entirely'').\n (11) Other Federal courts, however, have held that local \n residents' concerns about the personal wireless service \n facility's impact on aesthetics of the community constitute \n ``substantial evidence''. See, e.g., Cellular Telephone Co., v. \n Town of Oyster Bay, 1999 WL 35195, at *7 (2d Cir. Jan. 29, \n 1999) (concluding that ``aesthetics qualify as a permissible \n ground for denial of a permit only if we can conclude that \n there was `more than a scintilla' of evidence . . . before the \n [Zoning] Board on the negative visual impact of the cell \n cites''); AT&T Wireless PCS, Inc. v. City Council of the City \n of Virginia Beach, 155 F.3d 423, 427-28 (4th Cir. 1998) \n (concluding that testimony from citizens ``demonstrating \n concerns about the aesthetics of the towers and their \n incompatibility with the residential character'' of the \n community ``is more than enough to demonstrate the real, and \n surely reasonable, concerns animating the democratically \n elected'' city council's decision).\n (12) To provide the courts better guidance the \n Telecommunications Act of 1996 must be amended to clarify that \n the substantial evidence test may be satisfied by testimony of \n local residents expressing concerns about the impact of \n personal wireless service facilities on aesthetics, property \n values, and the character of residential neighborhoods. Such a \n legislative change would not discriminate against personal \n wireless service providers or impede their attempts to provide \n personal wireless services, but instead would encourage \n providers and States and localities to work together to design \n towers, facilities, or other feasible alternatives that do not \n intrude or diminish the aesthetics of residential communities, \n thus avoiding costly and protracted litigation.\n\nSEC. 3. AMENDMENTS.\n\n (a) Substantial Evidence.--Section 332(c)(7)(B)(iii) of the \nCommunications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iii)) is amended by \nadding at the end the following: ``For purposes of this clause, the \nterm `substantial evidence' includes testimony by local residents \nexpressing their concerns about the impact of personal wireless service \nfacilities on the aesthetics, property values, and the character of the \ncommunity.''.\n (b) Burden of Proof.--Section 332(c)(7)(B)(v) of such Act is \namended by inserting after the second sentence the following: ``In any \nsuch action in which a person seeking to place, construct, or modify a \ntower facility is a party, such person shall bear the burden of \nproof.''.","summary":"Local Zoning Preservation Act of 1999 - Amends provisions of the Communications Act of 1934 relating to the placement, construction, or modification of personal wireless service facilities to: (1) state that a decision by a State or local government to deny a request for the placement of such facilities must be supported by substantial evidence, including testimony by local residents expressing their concern about the impact of such facilities on the aesthetics, property values, and character of the local community. And (2) require a person seeking to place, construct, or modify a tower facility to bear the burden of proof that such action shall have no adverse effect on such community or any person.","title":"Local Zoning Preservation Act of 1999","text_len":7513,"sum_len":709} {"bill_id":"113_hr5560","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping College Students Cross the \nFinish Line Act''.\n\nSEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND \n VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN \n COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS.\n\n Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. \n1070 et seq.) is amended by inserting after subpart 7 the following new \nsubpart:\n\n``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate \nand Vocational Students With Financial Need To Assist in Completion of \n Degree and Certificate Programs\n\n``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE \n AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN \n COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS.\n\n ``(a) Grants for Establishment of Financial Assistance Program.--\nThe Secretary shall award grants to institutions of higher education to \nestablish programs of financial assistance for students in accordance \nwith this section.\n ``(b) Financial Assistance Program.--\n ``(1) Establishment.--An institution of higher education \n receiving a grant under subsection (a) shall establish a \n financial assistance program to award funds to not less than \n 100 eligible students per academic year in accordance with this \n subsection.\n ``(2) Student eligibility.--A student shall be eligible for \n an award under a financial assistance program established by an \n institution of higher education in accordance with this \n subsection if--\n ``(A) such student is enrolled as an undergraduate \n or vocational student at such institution on a not less \n than half-time basis;\n ``(B) such student is academically able to complete \n the degree or certificate program for which such \n student is enrolled within an academic year;\n ``(C) such student is in good academic standing at \n such institution (as determined by such institution) at \n the time of the distribution of the award;\n ``(D) in the case of a student who previously \n received an award under this section, such student \n maintained good academic standing during the academic \n period for which the student received such previous \n award under this section;\n ``(E) such student has an outstanding tuition \n payment due to such institution and is unable to fully \n pay the amount due; and\n ``(F) the institution determines that without \n financial assistance, such student will discontinue the \n degree or certificate program for which such student is \n enrolled due to an inability to pay tuition.\n ``(3) Grant amount.--The amount of an award to a student \n under a financial assistance program established by an \n institution of higher education in accordance with this \n subsection for a semester or equivalent shall be the lesser \n of--\n ``(A) $1,000; or\n ``(B) the amount of tuition such institution \n determines the student is unable to pay for such \n semester or equivalent.\n ``(4) Limitation on number of grants.--A student may only \n receive an award under a financial assistance program \n established by an institution of higher education in accordance \n with this subsection for a total of two semesters or the \n equivalent of two semesters.\n ``(5) Information on other financial assistance.--\n ``(A) Information required.--Each institution of \n higher education receiving a grant under subsection (a) \n shall provide information to each covered student \n attending such institution on financial assistance \n available from any source other than this section.\n ``(B) Covered student defined.--In this paragraph, \n the term `covered student' means a student receiving an \n award under a financial assistance program established \n by an institution of higher education in accordance \n with this subsection in an amount that does not fully \n pay an outstanding tuition payment due to such \n institution.\n ``(c) Financial Literacy Survey.--The Secretary shall create, and \neach student receiving an award under a financial assistance program \nestablished by an institution of higher education in accordance with \nsubsection (b) shall complete, an online survey concerning financial \nliteracy. Such survey shall include matters relating to budgeting and \nsaving, student loan debt, and career planning.\n ``(d) Reports.--\n ``(1) Institutions of higher education.--Each institution \n of higher education receiving a grant under subsection (a) \n shall annually submit to the Secretary a report containing, for \n the academic year preceding the date of the submission of such \n report--\n ``(A) the number of students enrolled at such \n institution that received an award under a financial \n assistance program established by such institution in \n accordance with subsection (b);\n ``(B) the number of such students who completed the \n degree or certificate program in which such students \n were enrolled during such academic year;\n ``(C) the number of such students who, following \n completion of the degree or certificate program in \n which such students were enrolled, subsequently \n enrolled in a degree or certificate program at a higher \n level;\n ``(D) the number of such students who, following \n completion of the degree or certificate program in \n which such students were enrolled, subsequently \n obtained full-time employment and the average salary \n for such students; and\n ``(E) any other information that the Secretary \n considers necessary.\n ``(2) Secretary.--The Secretary shall annually submit to \n Congress a report on the implementation of this section. Such \n report shall include--\n ``(A) the aggregate data submitted by all \n institutions of higher education in accordance with \n paragraph (1);\n ``(B) an analysis of the grant program under this \n section and any suggestions for improving such program; \n and\n ``(C) any other information that the Secretary \n considers necessary.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal years 2015 through 2020.''.","summary":"Helping College Students Cross the Finish Line Act - Amends title IV of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis. Are academically able to complete the degree or certificate program in which they are enrolled within an academic year, are in good academic standing. If they previously received such an award, maintained good academic standing during the academic period for which they received such award. Are unable to fully pay an outstanding tuition payment that is due. And without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning.","title":"Helping College Students Cross the Finish Line Act","text_len":7375,"sum_len":1446} {"bill_id":"115_hr95","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Access to Child Care \nAct''.\n\nSEC. 2. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH CARE \n AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY THE \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--Subchapter III of chapter 17 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 1730B. Child care assistance for veterans receiving mental \n health care and other intensive health care services\n ``(a) In General.--The Secretary shall provide child care \nassistance to an eligible veteran for any period that the veteran--\n ``(1) receives covered health care services at a facility \n of the Department; and\n ``(2) is required travel to and return from such facility \n for the receipt of such health care services.\n ``(b) Child Care Assistance.--(1) Child care assistance provided \nunder this section may include any of the following:\n ``(A) A stipend for the payment of child care offered by a \n licensed child care center (either directly or through a \n voucher program) which shall be, to the extent practicable, \n modeled after the Department of Veterans Affairs Child Care \n Subsidy Program established pursuant to section 590 of title \n 40.\n ``(B) Direct provision of child care at an on-site facility \n of the Department.\n ``(C) A payment made directly to a private child care \n agency.\n ``(D) A collaboration with a facility or program of another \n Federal department or agency.\n ``(E) Such other form of assistance as the Secretary \n considers appropriate.\n ``(2) In the case that child care assistance under this section is \nprovided as a stipend under paragraph (1)(A), such stipend shall cover \nthe full cost of such child care.\n ``(c) Definitions.--In this section:\n ``(1) The term `eligible veteran' means a veteran who--\n ``(A) is the primary caretaker of a child or \n children; and\n ``(B) is--\n ``(i) receiving covered health care \n services from the Department; or\n ``(ii) in need of covered health care \n services, and but for lack of child care \n services, would receive such covered health \n care services from the Department.\n ``(2) The term `covered health care services' means--\n ``(A) regular mental health care services;\n ``(B) intensive mental health care services; or\n ``(C) such other intensive health care services \n that the Secretary determines that provision of \n assistance to the veteran to obtain child care would \n improve access to such health care services by the \n veteran.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1730A the following new item:\n\n``1730B. Child care assistance for veterans receiving mental health \n care and other intensive health care \n services.''.\n\nSEC. 3. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY \n DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS \n COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY \n NURSING FACILITIES.\n\n Section 5503(d)(7) of title 38, United States Code, is amended by \nstriking ``September 30, 2024'' and inserting ``September 30, 2026''.\n\nSEC. 4. EXTENSION OF REQUIREMENT FOR COLLECTION OF FEES FOR HOUSING \n LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS.\n\n Section 3729(b)(2) of title 38, United States Code, is amended--\n (1) in subparagraph (A)--\n (A) in clause (iii), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''; and\n (B) in clause (iv), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024'';\n (2) in subparagraph (B)--\n (A) in clause (i), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''; and\n (B) in clause (ii), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024'';\n (3) in subparagraph (C)--\n (A) in clause (i), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''; and\n (B) in clause (ii), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''; and\n (4) in subparagraph (D)--\n (A) in clause (i), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''; and\n (B) in clause (ii), by striking ``September 30, \n 2024'' and inserting ``December 31, 2024''.\n\n Passed the House of Representatives July 28, 2017.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Veterans' Access to Child Care Act This bill directs the Department of Veterans Affairs (VA) to provide child care assistance to an eligible veteran for any period that the veteran: (1) receives covered health care services at a VA facility, and (2) is required to travel to and return from such facility for the receipt of such services. The bill defines: (1) quot, covered health care servicesquot. To mean regular mental health care services, intensive mental health care services, or such other intensive health care services to which the VA determines that provision of child care assistance would improve the veteran's access, and (2) quot, eligible veteranquot. As a veteran who is the primary caretaker of a child and who is receiving covered health care services from the VA or who is in need of, and who would receive, such services from the VA but for lack of child care. Included among child care assistance to be provided under this bill are: a stipend for the payment of the full cost of child care offered by a licensed child care center, which shall be modeled after the VA's Child Care Subsidy Program, direct provision of child care at an on-site VA facility, a payment made directly to a private child care agency. And collaboration with a facility or program of another federal department or agency. The bill extends through September 30, 2026, the $90 monthly limit on a VA pension paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act. The bill extends through December 31, 2024, VA authority to collect funding fees for certain VA, VA-guaranteed, or VA-insured housing loans.","title":"Veterans\u2019 Access to Child Care Act","text_len":5451,"sum_len":1677} {"bill_id":"110_s2386","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage and Rental Disaster Relief \nAct of 2007''.\n\nSEC. 2. DISASTER RELIEF.\n\n Section 408(c) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at \nthe end the following:\n ``(5) Temporary mortgage and rental payments.--\n ``(A) Definitions.--In this paragraph--\n ``(i) the term `adjusted gross income' \n means the adjusted gross income (as that term \n is defined in section 62 of the Internal \n Revenue Code of 1986) of the relevant \n individual or household for the last taxable \n year that such individual or household filed a \n tax return; and\n ``(ii) the term `financial hardship caused \n by a major disaster' means that an individual \n or member of a household--\n ``(I) is employed by a business, or \n owns a business, located in the area \n for which the President declared the \n relevant major disaster;\n ``(II) became unemployed, or lost \n significant income, because the \n employer or business of that individual \n or member of a household has or, on the \n day before the date of the relevant \n major disaster, had a significant \n business relationship with a business \n located in the area for which the \n President declared the relevant major \n disaster; or\n ``(III) resides in the area for \n which the President declared the \n relevant major disaster and has \n suffered financially due to travel \n restrictions or station or road \n closures in effect after the date of \n that major disaster.\n ``(B) Authorization.--In accordance with this \n paragraph, the President may provide assistance on a \n temporary basis in the form of mortgage or rental \n payments to or on behalf of individuals and households \n who, as a result of financial hardship caused by a \n major disaster, have received written notice of \n dispossession or eviction from a residence by reason of \n a foreclosure of any mortgage or lien, cancellation of \n any contract of sale, or termination of any lease, \n entered into before such major disaster.\n ``(C) Eligibility.--\n ``(i) Income.--\n ``(I) In general.--Except as \n provided in subclause (II), an \n individual or household may receive \n assistance under this paragraph if the \n adjusted gross income of that \n individual or household was not more \n than $75,000.\n ``(II) Areas with a high cost of \n living.--An individual or household \n that, on the day before the date of the \n relevant major disaster, resided in an \n area with a high cost of living, as \n determined by the President, may \n receive assistance under this paragraph \n if the adjusted gross income of that \n individual or household was not more \n than $100,000.\n ``(ii) Adjustment.--The President shall \n adjust the limits established under clause (i) \n annually to reflect inflation.\n ``(D) Period of assistance.--Assistance under this \n paragraph shall be provided for the duration of the \n period of financial hardship caused by a major \n disaster, not to exceed 18 months.\n ``(E) Procedures.--\n ``(i) In general.--An individual or \n household seeking assistance under this \n paragraph shall submit an application in such \n manner and accompanied by such information as \n the President shall establish, which shall \n include a requirement that such an individual \n or household sign a statement indicating that \n individual or household meets the eligibility \n requirements under subparagraph (C).\n ``(ii) Lack of records.--If an individual \n or household does not have access to records \n necessary to demonstrate eligibility under \n subparagraph (C), that individual or household \n shall submit such records not later than 6 \n months after the date that individual or \n household applies for assistance under this \n paragraph.\n ``(iii) Ineligible recipients.--If an \n individual or household receives assistance \n under this paragraph and was not eligible to \n receive such assistance, that individual or \n household shall return the full amount of that \n assistance to the Government.''.\n\nSEC. 3. APPLICABILITY.\n\n The amendment made by this Act shall apply to any major disaster \n(as that term is defined in section 102 of the Robert T. Stafford \nDisaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared \non or after October 21, 2007.","summary":"Mortgage and Rental Disaster Relief Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide temporary assistance in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence because of a foreclosure of mortgage or lien, cancellation of sales contract, or lease termination, entered into before such disaster. Defines such a financial hardship to include: (1) the loss of employment or significant income because a job, a business, or a business interest was located in a disaster area. Or (2) suffering financially because of travel restrictions or station or road closures affecting residents of such area. Restricts eligibility for such assistance to individuals or households who have an adjusted gross income of not more than $75,000 . Directs the President to adjust the limits annually to reflect inflation. Allows assistance to be provided for the duration of the period of financial hardship caused by the disaster, not to exceed 18 months. Requires recipients determined to be ineligible to return the full amount of assistance to the government. Makes this Act applicable to any major disaster declared on or after October 21, 2007.","title":"A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to authorize temporary mortgage and rental payments.","text_len":6646,"sum_len":1383} {"bill_id":"108_s2236","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electric Reliability Act of 2004''.\n\nSEC. 2. ELECTRIC RELIABILITY STANDARDS.\n\n (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 215. ELECTRIC RELIABILITY.\n\n ``(a) Definitions.--For purposes of this section:\n ``(1) The term `bulk-power system' means--\n ``(A) facilities and control systems necessary for \n operating an interconnected electric energy \n transmission network (or any portion thereof); and\n ``(B) electric energy from generation facilities \n needed to maintain transmission system reliability.\n The term does not include facilities used in the local \n distribution of electric energy.\n ``(2) The terms `Electric Reliability Organization' and \n `ERO' mean the organization certified by the Commission under \n subsection (c) the purpose of which is to establish and enforce \n reliability standards for the bulk-power system, subject to \n Commission review.\n ``(3) The term `reliability standard' means a requirement, \n approved by the Commission under this section, to provide for \n reliable operation of the bulk-power system. The term includes \n requirements for the operation of existing bulk-power system \n facilities and the design of planned additions or modifications \n to such facilities to the extent necessary to provide for \n reliable operation of the bulk-power system, but the term does \n not include any requirement to enlarge such facilities or to \n construct new transmission capacity or generation capacity.\n ``(4) The term `reliable operation' means operating the \n elements of the bulk-power system within equipment and electric \n system thermal, voltage, and stability limits so that \n instability, uncontrolled separation, or cascading failures of \n such system will not occur as a result of a sudden disturbance \n or unanticipated failure of system elements.\n ``(5) The term `Interconnection' means a geographic area in \n which the operation of bulk-power system components is \n synchronized such that the failure of 1 or more of such \n components may adversely affect the ability of the operators of \n other components within the system to maintain reliable \n operation of the facilities within their control.\n ``(6) The term `transmission organization' means a Regional \n Transmission Organization, Independent System Operator, \n independent transmission provider, or other transmission \n organization finally approved by the Commission for the \n operation of transmission facilities.\n ``(7) The term `regional entity' means an entity having \n enforcement authority pursuant to subsection (e)(4).\n ``(b) Jurisdiction and Applicability.--(1) The Commission shall \nhave jurisdiction, within the United States, over the ERO certified by \nthe Commission under subsection (c), any regional entities, and all \nusers, owners and operators of the bulk-power system, including but not \nlimited to the entities described in section 201(f), for purposes of \napproving reliability standards established under this section and \nenforcing compliance with this section. All users, owners and operators \nof the bulk-power system shall comply with reliability standards that \ntake effect under this section.\n ``(2) The Commission shall issue a final rule to implement the \nrequirements of this section not later than 180 days after the date of \nenactment of this section.\n ``(c) Certification.--Following the issuance of a Commission rule \nunder subsection (b)(2), any person may submit an application to the \nCommission for certification as the Electric Reliability Organization. \nThe Commission may certify 1 such ERO if the Commission determines that \nsuch ERO--\n ``(1) has the ability to develop and enforce, subject to \n subsection (e)(2), reliability standards that provide for an \n adequate level of reliability of the bulk-power system; and\n ``(2) has established rules that--\n ``(A) assure its independence of the users and \n owners and operators of the bulk-power system, while \n assuring fair stakeholder representation in the \n selection of its directors and balanced decisionmaking \n in any ERO committee or subordinate organizational \n structure;\n ``(B) allocate equitably reasonable dues, fees, and \n other charges among end users for all activities under \n this section;\n ``(C) provide fair and impartial procedures for \n enforcement of reliability standards through the \n imposition of penalties in accordance with subsection \n (e) (including limitations on activities, functions, or \n operations, or other appropriate sanctions);\n ``(D) provide for reasonable notice and opportunity \n for public comment, due process, openness, and balance \n of interests in developing reliability standards and \n otherwise exercising its duties; and\n ``(E) provide for taking, after certification, \n appropriate steps to gain recognition in Canada and \n Mexico.\n ``(d) Reliability Standards.--(1) The Electric Reliability \nOrganization shall file each reliability standard or modification to a \nreliability standard that it proposes to be made effective under this \nsection with the Commission.\n ``(2) The Commission may approve, by rule or order, a proposed \nreliability standard or modification to a reliability standard if it \ndetermines that the standard is just, reasonable, not unduly \ndiscriminatory or preferential, and in the public interest. The \nCommission shall give due weight to the technical expertise of the \nElectric Reliability Organization with respect to the content of a \nproposed standard or modification to a reliability standard and to the \ntechnical expertise of a regional entity organized on an \nInterconnection-wide basis with respect to a reliability standard to be \napplicable within that Interconnection, but shall not defer with \nrespect to the effect of a standard on competition. A proposed standard \nor modification shall take effect upon approval by the Commission.\n ``(3) The Electric Reliability Organization shall rebuttably \npresume that a proposal from a regional entity organized on an \nInterconnection-wide basis for a reliability standard or modification \nto a reliability standard to be applicable on an Interconnection-wide \nbasis is just, reasonable, and not unduly discriminatory or \npreferential, and in the public interest.\n ``(4) The Commission shall remand to the Electric Reliability \nOrganization for further consideration a proposed reliability standard \nor a modification to a reliability standard that the Commission \ndisapproves in whole or in part.\n ``(5) The Commission, upon its own motion or upon complaint, may \norder the Electric Reliability Organization to submit to the Commission \na proposed reliability standard or a modification to a reliability \nstandard that addresses a specific matter if the Commission considers \nsuch a new or modified reliability standard appropriate to carry out \nthis section.\n ``(6) The final rule adopted under subsection (b)(2) shall include \nfair processes for the identification and timely resolution of any \nconflict between a reliability standard and any function, rule, order, \ntariff, rate schedule, or agreement accepted, approved, or ordered by \nthe Commission applicable to a transmission organization. Such \ntransmission organization shall continue to comply with such function, \nrule, order, tariff, rate schedule or agreement accepted approved, or \nordered by the Commission until--\n ``(A) the Commission finds a conflict exists between a \n reliability standard and any such provision;\n ``(B) the Commission orders a change to such provision \n pursuant to section 206 of this part; and\n ``(C) the ordered change becomes effective under this part.\nIf the Commission determines that a reliability standard needs to be \nchanged as a result of such a conflict, it shall order the ERO to \ndevelop and file with the Commission a modified reliability standard \nunder paragraph (4) or (5) of this subsection.\n ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph \n(2), a penalty on a user or owner or operator of the bulk-power system \nfor a violation of a reliability standard approved by the Commission \nunder subsection (d) if the ERO, after notice and an opportunity for a \nhearing--\n ``(A) finds that the user or owner or operator has violated \n a reliability standard approved by the Commission under \n subsection (d); and\n ``(B) files notice and the record of the proceeding with \n the Commission.\n ``(2) A penalty imposed under paragraph (1) may take effect not \nearlier than the 31st day after the ERO files with the Commission \nnotice of the penalty and the record of proceedings. Such penalty shall \nbe subject to review by the Commission, on its own motion or upon \napplication by the user, owner or operator that is the subject of the \npenalty filed within 30 days after the date such notice is filed with \nthe Commission. Application to the Commission for review, or the \ninitiation of review by the Commission on its own motion, shall not \noperate as a stay of such penalty unless the Commission otherwise \norders upon its own motion or upon application by the user, owner or \noperator that is the subject of such penalty. In any proceeding to \nreview a penalty imposed under paragraph (1), the Commission, after \nnotice and opportunity for hearing (which hearing may consist solely of \nthe record before the ERO and opportunity for the presentation of \nsupporting reasons to affirm, modify, or set aside the penalty), shall \nby order affirm, set aside, reinstate, or modify the penalty, and, if \nappropriate, remand to the ERO for further proceedings. The Commission \nshall implement expedited procedures for such hearings.\n ``(3) On its own motion or upon complaint, the Commission may order \ncompliance with a reliability standard and may impose a penalty against \na user or owner or operator of the bulk-power system if the Commission \nfinds, after notice and opportunity for a hearing, that the user or \nowner or operator of the bulk-power system has engaged or is about to \nengage in any acts or practices that constitute or will constitute a \nviolation of a reliability standard.\n ``(4) The Commission shall issue regulations authorizing the ERO to \nenter into an agreement to delegate authority to a regional entity for \nthe purpose of proposing reliability standards to the ERO and enforcing \nreliability standards under paragraph (1) if--\n ``(A) the regional entity is governed by--\n ``(i) an independent board;\n ``(ii) a balanced stakeholder board; or\n ``(iii) a combination independent and balanced \n stakeholder board.\n ``(B) the regional entity otherwise satisfies the \n provisions of subsection (c)(1) and (2); and\n ``(C) the agreement promotes effective and efficient \n administration of bulk-power system reliability.\nThe Commission may modify such delegation. The ERO and the Commission \nshall rebuttably presume that a proposal for delegation to a regional \nentity organized on an Interconnection-wide basis promotes effective \nand efficient administration of bulk-power system reliability and \nshould be approved. Such regulation may provide that the Commission may \nassign the ERO's authority to enforce reliability standards under \nparagraph (1) directly to a regional entity consistent with the \nrequirements of this paragraph.\n ``(5) The Commission may take such action as is necessary or \nappropriate against the ERO or a regional entity to ensure compliance \nwith a reliability standard or any Commission order affecting the ERO \nor a regional entity.\n ``(6) Any penalty imposed under this section shall bear a \nreasonable relation to the seriousness of the violation and shall take \ninto consideration the efforts of such user, owner, or operator to \nremedy the violation in a timely manner.\n ``(f) Changes in Electric Reliability Organization Rules.--The \nElectric Reliability Organization shall file with the Commission for \napproval any proposed rule or proposed rule change, accompanied by an \nexplanation of its basis and purpose. The Commission, upon its own \nmotion or complaint, may proposed a change to the rules of the ERO. A \nproposed rule or proposed rule change shall take effect upon a finding \nby the Commission, after notice and opportunity for comment, that the \nchange is just, reasonable, not unduly discriminatory or preferential, \nis in the public interest, and satisfies the requirements of subsection \n(c).\n ``(g) Reliability Reports.--The ERO shall conduct periodic \nassessments of the reliability and adequacy of the bulk-power system in \nNorth America.\n ``(h) Coordination With Canada and Mexico.--The President is urged \nto negotiate international agreements with the governments of Canada \nand Mexico to provide for effective compliance with reliability \nstandards and the effectiveness of the ERO in the United States and \nCanada or Mexico.\n ``(i) Savings Provisions.--(1) The ERO shall have authority to \ndevelop and enforce compliance with reliability standards for only the \nbulk-power system.\n ``(2) This section does not authorize the ERO or the Commission to \norder the construction of additional generation or transmission \ncapacity or to set and enforce compliance with standards for adequacy \nor safety of electric facilities or services.\n ``(3) Nothing in this section shall be construed to preempt any \nauthority of any State to take action to ensure the safety, adequacy, \nand reliability of electric service within that State, as long as such \naction is not inconsistent with any reliability standard.\n ``(4) Within 90 days of the application of the Electric Reliability \nOrganization or other affected party, and after notice and opportunity \nfor comment, the Commission shall issue a final order determining \nwhether a State action is inconsistent with a reliability standard, \ntaking into consideration any recommendation of the ERO.\n ``(5) The Commission, after consultation with the ERO and the State \ntaking action, may stay the effectiveness of any State action, pending \nthe Commission's issuance of a final order.\n ``(j) Regional Advisory Bodies.--The Commission shall establish a \nregional advisory body on the petition of at least \\2\/3\\ of the States \nwithin a region that have more than \\1\/2\\ of their electric load served \nwithin the region. A regional advisory body shall be composed of 1 \nmember from each participating State in the region, appointed by the \nGovernor of each State, and may include representatives of agencies, \nStates, and provinces outside the United States. A regional advisory \nbody may provide advice to the Electric Reliability Organization, a \nregional entity, or the Commission regarding the governance of an \nexisting or proposed regional entity within the same region, whether a \nstandard proposed to apply within the region is just, reasonable, not \nunduly discriminatory or preferential, and in the public interest, \nwhether fees proposed to be assessed within the region are just, \nreasonable, not unduly discriminatory or preferential, and in the \npublic interest and any other responsibilities request by the \nCommission. The Commission may give deference to the advice of any such \nregional advisory body if that body is organized on an Interconnection-\nwide basis.\n ``(k) Alaska and Hawaii.--The provisions of this section do not \napply to Alaska or Hawaii.''.\n (b) Status of ERO.--The Electric Reliability Organization certified \nby the Federal Energy Regulatory Commission under section 215(c) of the \nFederal Power Act and any regional entity delegated enforcement \nauthority pursuant to section 215(e)(4) of that Act are not \ndepartments, agencies, or instrumentalities of the United States \nGovernment.\n\n\n\n\n ","summary":"Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system. Prescribes procedural guidelines for: (1) certification as an ERO, (2) filing of reliability standards. And (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act. Requires an ERO to file with FERC for approval of any proposed rule or rule change. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region. Declares this Act inapplicable to Alaska or Hawaii.","title":"A bill to enhance the reliability of the electric system.","text_len":17242,"sum_len":1240} {"bill_id":"113_hr2302","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hospice Evaluation and Legitimate \nPayment Act of 2013''.\n\nSEC. 2. ENSURING TIMELY ACCESS TO HOSPICE CARE.\n\n (a) In General.--Section 1814(a)(7)(D)(i) of the Social Security \nAct (42 U.S.C. 1395f(a)(7)(D)(i)) is amended to read as follows:\n ``(i) a hospice physician, nurse \n practitioner, clinical nurse specialist, or \n physician assistant (as those terms are defined \n in section 1861(aa)(5)), or other health \n professional (as designated by the Secretary), \n has a face-to-face encounter with the \n individual to determine continued eligibility \n of the individual for hospice care prior to the \n first 60-day period and each subsequent \n recertification under subparagraph (A)(ii) (or, \n in the case where a hospice program newly \n admits an individual who would be entering \n their first 60-day period or a subsequent \n hospice benefit period or where exceptional \n circumstances, as defined by the Secretary, may \n prevent a face-to-face encounter prior to the \n beginning of the hospice benefit period, not \n later than 7 calendar days after the \n individual's election under section 1812(d)(1) \n with respect to the hospice program) and \n attests that such visit took place (in \n accordance with procedures established by the \n Secretary); and''.\n (b) Effective Date.--The amendment made by subsection (a) takes \neffect on January 1, 2014, and applies to hospice care furnished on or \nafter such date.\n\nSEC. 3. RESTORING AND PROTECTING THE MEDICARE HOSPICE BENEFIT.\n\n (a) In General.--Section 1814(i) of the Social Security Act (42 \nU.S.C. 1395f(i)) is amended--\n (1) in paragraph (6)--\n (A) in subparagraph (D)--\n (i) in clause (i)--\n (I) in the first sentence, by \n striking ``not earlier than October 1, \n 2013, the Secretary shall, by \n regulation,'' and inserting ``subject \n to clause (iii), not earlier than the \n later of 2 years after the \n demonstration program under \n subparagraph (F) is completed or \n October 1, 2017, the Secretary shall, \n by regulation, preceded by a notice of \n the proposed regulation in the Federal \n Register and a period for public \n comment in accordance with section \n 1871(b)(1),''; and\n (II) in the second sentence, by \n inserting `` and shall take into \n account the results of the evaluation \n conducted under subparagraph (F)(ii)'' \n before the period; and\n (ii) by adding at the end the following new \n clause:\n ``(iii) The Secretary shall implement the revisions \n in payment pursuant to clause (i) unless the Secretary \n determines that the demonstration program under \n subparagraph (F) demonstrated that such revisions would \n adversely affect access to quality hospice care by \n beneficiaries under this title.''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(F) Hospice payment reform demonstration program.--\n ``(i) Establishment of demonstration program.--\n ``(I) In general.--Before implementing any \n revisions to the methodology for determining \n the payment rates for routine home care and \n other services included in hospice care under \n subparagraph (D), the Secretary shall establish \n a Medicare Hospice Payment Reform demonstration \n program (in this subparagraph referred to as \n the `demonstration program') to test such \n proposed revisions.\n ``(II) Duration.--The demonstration program \n shall be conducted for a 2-year period \n beginning on or after October 1, 2013.\n ``(III) Scope.--Any certified hospice \n program may apply to participate in the \n demonstration program and the Secretary shall \n select not more than 15 such hospice programs \n to participate in the demonstration program.\n ``(IV) Representative participation.--\n Hospice programs selected under subclause (III) \n to participate in the demonstration program \n shall include a representative cross-section of \n hospice programs throughout the United States, \n including programs located in urban and rural \n areas.\n ``(ii) Evaluation and report.--\n ``(I) Evaluation.--The Secretary shall \n conduct an evaluation of the demonstration \n program. Such evaluation shall include an \n analysis of whether the use of the revised \n payment methodology under the demonstration \n program has improved the quality of patient \n care and access to hospice care for \n beneficiaries under this title and the impact \n of such payment revisions on hospice care \n providers, including the impact, if any, on the \n ability of hospice programs to furnish quality \n care to beneficiaries under this title.\n ``(II) Report.--Not later than 2 years \n after the completion of the demonstration \n program, the Secretary shall submit to Congress \n a report containing the results of the \n evaluation conducted under subclause (I), \n together with recommendations for such \n legislation and administrative action as the \n Secretary determines appropriate.\n ``(iii) Budget neutrality.--With respect to the 2-\n year period of the demonstration program, the Secretary \n shall ensure that revisions in payment implemented as \n part of the demonstration program shall result in the \n same estimated amount of aggregate payments under this \n title for hospice care for the programs participating \n in the demonstration as would have been made if the \n hospice programs had not participated in the \n demonstration program.''.\n\nSEC. 4. HOSPICE SURVEY REQUIREMENT.\n\n Section 1861(dd)(4) of the Social Security Act (42 U.S.C. \n1395x(dd)(4)) is amended by adding at the end the following new \nsubparagraph:\n ``(C) Any entity that is certified as a hospice program shall be \nsubject to a standard survey by an appropriate State or local survey \nagency, or an approved accreditation agency, as determined by the \nSecretary, not less frequently than once every 36 months beginning 6 \nmonths after the date of the enactment of this subparagraph.''.","summary":"Hospice Evaluation and Legitimate Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional to conduct the face-to-face encounter with the individual to determine continued eligibility for hospice care before the first 60-day recertification period and each subsequent recertification. Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Hospital Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice programs.","title":"Hospice Evaluation and Legitimate Payment Act of 2013","text_len":8437,"sum_len":797} {"bill_id":"106_hr839","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Urban Watershed Model \nRestoration Act''.\n\nSEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT \n PROGRAM.\n\n (a) In General.--The Administrator of the Environmental Protection \nAgency shall develop and carry out a pilot program to serve as a \nnational model for the restoration of urban watersheds and community \nenvironments. The purposes of the program shall be to demonstrate \nmethods to encourage urban communities to use their environmental \nresources as a catalyst for sustainable community redevelopment and to \nmeet the objectives of the Federal Water Pollution Control Act, \nincluding stormwater, combined sewer overflows, and other water quality \nobjectives. The program shall have a dual function of restoration and \nprotection of river resources and reduction of environmental human \nhealth risks in the surrounding communities.\n (b) Location.--The pilot program under this section shall be \ncarried out in the Anacostia River watershed, District of Columbia and \nMaryland.\n (c) Activities.--In carrying out the program under this section, \nthe Administrator shall--\n (1) integrate on a community or geographic basis the \n regulatory and nonregulatory programs of the Environmental \n Protection Agency with other Federal, State, and local \n government programs and provide effective coordination among \n such programs;\n (2) support baseline monitoring efforts of State and local \n governments to determine key trends in ambient environmental \n conditions for the purpose of filling gaps in critical data \n about the environmental condition of the watershed;\n (3) develop and maintain environmental indicators in \n conjunction with interested public entities and ensure regular \n public reporting of these indicators;\n (4) provide grants in accordance with subsection (d) to \n local community groups and nonprofit organizations to foster \n community involvement in the decisionmaking process, \n environmental educational goals, and restoration strategies;\n (5) assist in the establishment of measurable goals for \n such restoration;\n (6) maintain annual program plans which provide for public \n input;\n (7) provide opportunities for the education of school \n children and community groups on local environmental resources \n and on what individuals can do to reduce environmental and \n health risks;\n (8) develop consensus strategies for the restoration and \n protection of the watershed in cooperation with other Federal, \n State, and local groups to address critical issues and needs;\n (9) maintain a biennial Federal work planning process for \n Federal landholders and programmatic agencies to identify \n specific opportunities and needs for Federal activities in \n support of the pilot program's goals;\n (10) demonstrate new technologies and approaches which are \n applicable nationally to stormwater management, combined sewer \n overflow control, floatables reduction, forest buffer \n restoration, and other activities being conducted under the \n Federal Water Pollution Control Act;\n (11) participate in urban habitat improvement projects in \n the watershed on a demonstration basis;\n (12) assist in the implementation of the regional action \n plan for toxics reduction and prevention in the watershed;\n (13) implement on the ground projects for restoration of \n the watershed to the extent they are unique or transferable to \n national audiences; and\n (14) maintain and enhance the Biennial Work Plan for the \n Anacostia River Watershed published by the United States Army \n Corp of Engineers and the Environmental Protection Agency on \n April 22, 1997, for the purpose of identifying specific \n opportunities for Federal landholders to contribute to the \n pilot program.\n (d) Challenge Grants.--\n (1) Set-aside.--The Administrator may set aside no less \n than $400,000 of amounts appropriated to carry out this section \n for each fiscal year to make grants under subsection (c)(4).\n (2) Environmental protection agency share.--The \n Environmental Protection Agency's share of the costs of \n activities to be carried out with a grant under this section \n shall be not less than 75 percent. The remaining share of such \n costs may be provided through in-kind contributions and may be \n provided from Federal funds appropriated to carry out any law, \n other than this Act, if the Federal agency making such funds \n available agrees.\n (e) Coordination.--In carrying out the pilot program under this \nsection, the Administrator shall work in coordination with other \nFederal agencies, particularly the Army Corps of Engineers, to identify \nprojects and activities which are supportive of the goals of the pilot \nprogram.\n (f) Reports.--The Administrator shall transmit to Congress by \nJanuary 1 of each fiscal years 2000 through 2004 a report on the \nactivities carried out under, and results of, the pilot program during \nthe preceding fiscal year, including a report on the technical, \nmanagerial, and public involvement aspects of the pilot program which \nare transferable to other urban areas.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $750,000 for each of fiscal \nyears 2000 through 2004. Such sums shall remain available until \nexpended.","summary":"Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations.","title":"National Urban Watershed Model Restoration Act","text_len":5820,"sum_len":266} {"bill_id":"105_s711","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Distilled Spirits \nTax Payment Simplification Act of 1997''.\n (b) Reference to 1986 Code.--Except as otherwise expressly \nprovided, whenever an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nInternal Revenue Code of 1986.\n\nSEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.\n\n (a) In General.--Section 5212 is amended to read as follows:\n\n``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.\n\n ``Distilled spirits on which the internal revenue tax has not been \npaid as authorized by law may, under such regulations as the Secretary \nshall prescribe, be transferred in bond between bonded premises in any \napproved container. For the purposes of this chapter, except in the \ncase of any transfer from a premise of a bonded dealer, the removal of \ndistilled spirits for transfer in bond between bonded premises shall \nnot be construed to be a withdrawal from bonded premises.''.\n (b) Conforming Amendment.--The first sentence of section 5232(a) \n(relating to transfer to distilled spirits plant without payment of \ntax) is amended to read as follows: ``Distilled spirits imported or \nbrought into the United States, under such regulations as the Secretary \nshall prescribe, may be withdrawn from customs custody and transferred \nto the bonded premises of a distilled spirits plant without payment of \nthe internal revenue tax imposed on such distilled spirits.''.\n\nSEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT.\n\n Section 5171 (relating to establishment) is amended--\n (1) in subsection (a), by striking ``or processor'' and \n inserting ``processor, or bonded dealer'';\n (2) in subsection (b), by striking ``or as both'' and \n inserting ``as a bonded dealer, or as any combination \n thereof'';\n (3) in subsection (e)(1), by inserting ``, bonded dealer,'' \n before ``processor''; and\n (4) in subsection (e)(2), by inserting ``bonded dealer,'' \n before ``or processor''.\n\nSEC. 4. DISTILLED SPIRITS PLANTS.\n\n Section 5178(a) (relating to location, construction, and \narrangement) is amended by adding at the end the following:\n ``(5) Bonded dealer operations.--Any person establishing a \n distilled spirits plant to conduct operations as a bonded \n dealer may, as described in the application for registration--\n ``(A) store distilled spirits in any approved \n container on the bonded premises of such plant, and\n ``(B) under such regulations as the Secretary shall \n prescribe, store taxpaid distilled spirits, beer, and \n wine, and such other beverages and items (products) not \n subject to tax or regulation under this title on such \n bonded premises.''.\n\nSEC. 5. BONDED DEALERS.\n\n (a) Definitions.--Section 5002(a) (relating to definitions) is \namended by adding at the end the following:\n ``(16) Bonded Dealer.--The term `bonded dealer' means any person \nwho has elected under section 5011 to be treated as a bonded dealer.\n ``(17) Control State Entity.--The term `control State entity' means \na State, a political subdivision of a State, or any instrumentality of \nsuch a State or political subdivision, in which only the State, \npolitical subdivision, or instrumentality is allowed under applicable \nlaw to perform distilled spirit operations.''.\n (b) Election To Be Treated as a Bonded Dealer.--Subpart A of part I \nof subchapter A of chapter 51 (relating to distilled spirits) is \namended by adding at the end the following:\n\n``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER.\n\n ``(a) Election.--Any wholesale dealer or any control State entity \nmay elect, at such time and in such manner as the Secretary shall \nprescribe, to be treated as a bonded dealer if such wholesale dealer or \nentity sells bottled distilled spirits exclusively to a wholesale \ndealer in liquor, to an independent retail dealer subject to the \nlimitation set forth in subsection (b), or to another bonded dealer.\n ``(b) Limitation in Case of Sales to Retail Dealers.--\n ``(1) By bonded dealer.--Any person, other than a control \n State entity, who is a bonded dealer shall not be considered as \n selling to an independent retail dealer if--\n ``(A) the bonded dealer has a greater than 10 \n percent ownership interest in, or control of, the \n retail dealer;\n ``(B) the retail dealer has a greater than 10 \n percent ownership interest in, or control of, the \n bonded dealer; or\n ``(C) any person has a greater than 10 percent \n ownership interest in, or control of, both the bonded \n and retail dealer.\n For purposes of this paragraph, ownership interest, not limited \n to stock ownership, shall be attributed to other persons in the \n manner prescribed by section 318.\n ``(2) By control state entity.--In the case of any control \n State entity, subsection (a) shall be applied by substituting \n `retail dealer' for `independent retail dealer'.\n ``(c) Inventory Owned at Time of Election.--Any bottled distilled \nspirits in the inventory of any person electing under this section to \nbe treated as a bonded dealer shall, to the extent that the tax under \nthis chapter has been previously determined and paid at the time the \nelection becomes effective, not be subject to such additional tax on \nsuch spirits as a result of the election being in effect.\n ``(d) Revocation of Election.--The election made under this section \nmay be revoked by the bonded dealer at any time, but once revoked shall \nnot be made again without the consent of the Secretary. When the \nelection is revoked, the bonded dealer shall immediately withdraw the \ndistilled spirits on determination of tax in accordance with a tax \npayment procedure established by the Secretary.\n ``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.--\nThe Secretary shall provide such rules as may be necessary to assure \nthat taxpayers using the last-in, first-out method of inventory \nvaluation do not suffer a recapture of their LIFO reserve by reason of \nmaking the election under this section or by reason of operating a \nbonded wine cellar as permitted by section 5351.\n ``(f) Approval of Application.--Any person submitting an \napplication under section 5171(c) and electing under this section to be \ntreated as a bonded dealer shall be entitled to approval of such \napplication to the same extent such person would be entitled to \napproval of an application for a basic permit under section 104(a)(2) \nof the Federal Alcohol Administration Act (27 U.S.C 204(a)(2)), and \nshall be accorded notice and hearing as described in section 104(b) of \nsuch Act (27 U.S.C. 204(b)).''.\n (c) Conforming Amendment.--The tables of sections of subpart A of \npart I of subchapter A of chapter 51 is amended by adding at the end \nthe following:\n\n ``Sec. 5011. Election to be treated as \n bonded dealer.''.\n\nSEC. 6. DETERMINATION OF TAX.\n\n The first sentence of section 5006(a)(1) (relating to requirements) \nis amended to read as follows: ``Except as otherwise provided in this \nsection, the tax on distilled spirits shall be determined when the \nspirits are transferred from a distilled spirits plant to a bonded \ndealer or are withdrawn from bond.''.\n\nSEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS.\n\n Section 5008 (relating to abatement, remission, refund, and \nallowance for loss or destruction of distilled spirits) is amended--\n (1) in subsections (a)(1)(A) and (a)(2), by inserting \n ``bonded dealer,'' after ``distilled spirits plant,'' both \n places it appears;\n (2) in subsection (c)(1), by striking ``of a distilled \n spirits plant''; and\n (3) in subsection (c)(2), by striking ``distilled spirits \n plant'' and inserting ``bonded premises''.\n\nSEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS.\n\n (a) In General.--Section 5061(d) (relating to time for collecting \ntax on distilled spirits, wines, and beer) is amended by redesignating \nparagraph (5) as paragraph (6) and by inserting after paragraph (4) the \nfollowing:\n ``(5) Advanced payment of distilled spirits tax.--\n Notwithstanding the preceding provisions of this subsection, in \n the case of any tax imposed by section 5001 with respect to a \n bonded dealer who has an election in effect on September 20 of \n any year, any payment of which would, but for this paragraph, \n be due in October or November of that year, such payment shall \n be made on such September 20. No penalty or interest shall be \n imposed for the period from such September 20 until the due \n date determined without regard to this paragraph to the extent \n that tax due exceeds the tax which would have been due with \n respect to distilled spirits in the preceding October and \n November had the election under section 5011 been in effect.''.\n (b) Conforming Amendment.--Section 5061(e)(1) (relating to payment \nby electronic fund transfer) is amended by inserting ``or any bonded \ndealer,'' after ``respectively,''.\n\nSEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE.\n\n Section 5113(a) (relating to sales by proprietors of controlled \npremises) is amended by adding at the end the following: ``This \nsubsection shall not apply to a proprietor of a distilled spirits plant \nwhose premises are used for operations of a bonded dealer.''.\n\nSEC. 10. CONFORMING AMENDMENTS.\n\n (1) Section 5003(3) is amended by striking ``certain''.\n (2) Section 5214 is amended by redesignating subsection (b) \n as subsection (c) and by inserting after subsection (a) the \n following:\n ``(b) Exception.--Paragraphs (1), (2), (3), (5), (10), (11), and \n(12) of subsection (a) shall not apply to distilled spirits withdrawn \nfrom premises used for operations as a bonded dealer.''.\n (3) Section 5215 is amended--\n (A) in subsection (a), by striking ``the bonded \n premises'' and all that follows through the period and \n inserting ``bonded premises.'';\n (B) in the heading of subsection (b), by striking \n ``a Distilled Spirits Plant'' and inserting ``Bonded \n Premises''; and\n (C) in subsection (d), by striking ``a distilled \n spirits plant'' and inserting ``bonded premises''.\n (4) Section 5362(b)(5) is amended by adding at the end the \n following: ``The term does not mean premises used for \n operations as a bonded dealer.''.\n (5) Section 5551(a) is amended by inserting ``bonded \n dealer,'' after ``processor'' both places it appears.\n (6) Subsections (a)(2) and (b) of section 5601 are each \n amended by inserting ``, bonded dealer,'' before ``or \n processor'' .\n (7) Paragraphs (3), (4), and (5) of section 5601(a) are \n each amended by inserting ``bonded dealer,'' before ``or \n processor'' .\n (8) Section 5602 is amended--\n (A) by inserting ``, warehouseman, processor, or \n bonded dealer'' after ``distiller''; and\n (B) in the heading, by striking ``by distiller''.\n (9) Sections 5115, 5180, and 5681 are repealed.\n (10) The table of sections for part II of subchapter A of \n chapter 51 is amended by striking the item relating to section \n 5115.\n (11) The table of sections for subchapter B of chapter 51 \n is amended by striking the item relating to section 5180.\n (12) The item relating to section 5602 in the table of \n sections for part I of subchapter J of chapter 51 is amended by \n striking ``by distiller''.\n (13) The table of sections for part IV of subchapter J of \n chapter 51 is amended by striking the item relating to section \n 5681.\n\nSEC. 11. REGISTRATION FEES.\n\n (a) General Rule.--The Director of the Bureau of Alcohol, Tobacco, \nand Firearms shall, in accordance with this section, assess and collect \nregistration fees solely to defray a portion of any net increased costs \nof regulatory activities of the Government resulting from enactment of \nthis Act.\n (b) Persons Subject to Fee.--Fees shall be paid in a manner \nprescribed by the Director by the bonded dealer.\n (c) Amount and Timing of Fees.--Fees shall be paid annually and \nshall not exceed $1,000 per bonded premise.\n (d) Deposit and Credit.--The moneys received during any fiscal year \nfrom fees described in subsection (a) shall be deposited as an \noffsetting collection in, and credited to, the account providing \nappropriations to conduct the regulatory activities of the Government \nresulting from enactment of this Act.\n (e) Limitation.--The aggregate amount of fees assessed and \ncollected under this section may not exceed in any fiscal year the \naggregate amount of any net increased costs of regulatory activity \nreferred to in subsection (a).\n\nSEC. 12. COOPERATIVE AGREEMENTS.\n\n (a) Study.--The Secretary of the Treasury shall study and report to \nCongress concerning possible administrative efficiencies which could \ninure to the benefit of the Federal Government of cooperative \nagreements with States regarding the collection of distilled spirits \nexcise taxes. Such study shall include, but not be limited to, possible \nbenefits of the standardization of forms and collection procedures and \nshall be submitted 1 year after the date of enactment of this Act.\n (b) Cooperative Agreement.--The Secretary of the Treasury is \nauthorized to enter into such cooperative agreements with States which \nthe Secretary deems will increase the efficient collection of distilled \nspirits excise taxes.\n\nSEC. 13. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this Act take effect on the date which is 120 days \nafter the date of enactment of this Act.\n (b) Exceptions.--\n (1) Establishment of distilled spirits plant.--The \n amendments made by section 3 take effect on the date of \n enactment of this Act.\n (2) Special rule.--Each wholesale dealer who is required to \n file an application for registration under section 5171(c) of \n the Internal Revenue Code of 1986 whose operations are required \n to be covered by a basic permit under sections 103 and 104 of \n the Federal Alcohol Administration Act (27 U.S.C. 203, 204) and \n who has received such basic permits as an importer, wholesaler, \n or as both, and has obtained a bond required under subchapter B \n of chapter 51 of subtitle E of such Code before the close of \n the fourth month following the date of enactment of this Act, \n shall be qualified to operate bonded premises until such time \n as the Secretary of the Treasury takes final action on the \n application. Any control State entity (as defined in section \n 5002(a)(17) of such Code, as added by section 5(a)) that has \n obtained a bond required under such subchapter shall be \n qualified to operate bonded premises until such time as the \n Secretary of the Treasury takes final action on the application \n for registration under section 5171(c) of such Code.","summary":"Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises. (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant. (3) establishment and operation of such a plant by a bonded dealer, (4) election to be treated as a bonded dealer. (5) the time at which the tax on distilled spirits is determined. (6) distilled spirits lost or destroyed in bond or returned to bonded premises. (7) the time for tax payment and payment by electronic transfer. And (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.","title":"Distilled Spirits Tax Payment Simplification Act of 1997","text_len":16000,"sum_len":1099} {"bill_id":"113_hr2334","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``STEM Support for Teachers in \nEducation and Mentoring (STEM) Act'' or the ``STEM\\2\\ Act''.\n\nSEC. 2. STEM EDUCATION PLANNING AND TRAINING.\n\n (a) In General.--Title II of the Elementary and Secondary Education \nAct of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end \nthe following:\n\n ``PART E--STEM EDUCATION PLANNING AND TRAINING\n\n``SEC. 2501. DEFINITIONS.\n\n ``In this part:\n ``(1) Indian tribe; tribal organization.--The terms `Indian \n tribe' and `tribal organization' have the meanings given those \n terms in section 4 of the Indian Self-Determination and \n Education Assistance Act.\n ``(2) STEM.--The term `STEM' means science, technology, \n engineering, and mathematics.\n\n``SEC. 2502. PLANNING GRANTS.\n\n ``(a) Purpose.--The purpose of this section is to address the lack \nof coordination among STEM education efforts in the States.\n ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nnonprofit organization, or institution of higher education that \nidentifies a coalition of related entities to participate in the grant \napplication process under this section and subsequent STEM network \nactivities funded with a grant awarded under this section.\n ``(c) Grants Authorized.--\n ``(1) In general.--From amounts made available to carry out \n this section, the Secretary shall carry out a program of \n awarding, on a competitive basis, planning grants to eligible \n entities to enable the eligible entities to--\n ``(A) develop effective State or tribal STEM \n networks for communication and collaboration that \n include school teachers, institutions of higher \n education, nonprofit organizations, businesses, \n Federal, State, and local governments, and any other \n relevant entities; and\n ``(B) through such State STEM networks, identify \n future STEM skills needed for STEM and non-STEM \n occupations.\n ``(2) Proportionality.--In awarding grants under this \n section, the Secretary shall, to the extent practicable, ensure \n a distribution of grant funds focused on high-need and high-\n poverty eligible entities.\n ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n ``(e) Reports.--\n ``(1) Reports to the secretary.--An eligible entity \n receiving a grant under this section shall submit to the \n Secretary an annual report describing the progress made on the \n grant.\n ``(2) Reports to congress.--Not later than 3 years after \n the date of enactment of the STEM Support for Teachers in \n Education and Mentoring (STEM) Act, and every 3 years \n thereafter, the Secretary shall submit a report to Congress \n regarding the program supported under this section.\n\n``SEC. 2503. TRAINING PROGRAM GRANTS.\n\n ``(a) Purpose.--The purpose of this section is to strengthen the \ncapacity of preservice and existing teachers, elementary schools, \nmiddle schools, and secondary schools to use proven methods, including \ninquiry or project-based learning, to inspire and prepare students for \nSTEM careers and build STEM literacy.\n ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nlocal educational agency, institution of higher education, or nonprofit \norganization.\n ``(c) Grants Authorized.--\n ``(1) In general.--From amounts made available to carry out \n this section, the Secretary shall carry out a program of \n awarding grants, on a competitive basis, to eligible entities \n to enable the eligible entities to develop, carry out, and \n evaluate training programs for STEM education--\n ``(A) in elementary schools, middle schools, and \n secondary schools for existing teachers; and\n ``(B) in postsecondary schools for preservice \n teachers.\n ``(2) Proportionality.--In awarding grants under this \n section, the Secretary shall, to the extent practicable, ensure \n an equitable distribution--\n ``(A) between eligible entities serving urban areas \n and eligible entities serving rural areas; and\n ``(B) of grant funds focused on high-need and high-\n poverty eligible entities.\n ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire. Such application shall include--\n ``(1) a description of how the eligible entity will monitor \n and evaluate the effectiveness of the training program, \n including how the eligible entity plans to measure the impact \n of the training on--\n ``(A) teachers who attended the training after the \n teachers return to the classroom; or\n ``(B) preservice teachers; and\n ``(2) any other information the Secretary determines \n appropriate.\n ``(e) Use of Funds.--An eligible entity receiving a grant under \nthis section shall use grant funds to carry out a training program, \nusing best practice models (including inquiry and project-based models) \nand through summer institutes or other professional development \nenrichment programs, that provides professional development regarding \nSTEM education to existing and preservice STEM teachers (including STEM \nteachers who are master teachers or have otherwise demonstrated mastery \nof STEM teaching) and administrators who are employed as teachers and \nadministrators, respectively, as of the time of the program.\n ``(f) Reports.--\n ``(1) Reports to the secretary.--An eligible entity \n receiving a grant under this section shall submit to the \n Secretary an annual report that describes the progress made on \n the grant and includes the results from the evaluation \n described in the application under subsection (d).\n ``(2) Reports to congress.--Not later than 3 years after \n the date of enactment of this part, and every 3 years \n thereafter, the Secretary shall submit a report to Congress \n regarding the program supported under this section.\n\n``SEC. 2504. ACADEMIC STANDARDS GRANTS.\n\n ``(a) Purpose.--The purpose of this section is to strengthen the \ncapacity of States to implement new mathematics and science academic \nstandards.\n ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nlocal educational agency, public charter school, institution of higher \neducation, or nonprofit organization.\n ``(c) Grants Authorized.--\n ``(1) In general.--From amounts made available to carry out \n this section, the Secretary shall award grants, on a \n competitive basis, to eligible entities to enable the eligible \n entities to support curriculum development, assessments, or \n related activities that would enable States to adopt new \n mathematics and science academic standards.\n ``(2) Proportionality.--In awarding grants under this \n section, the Secretary shall, to the extent practicable, ensure \n a distribution of grant funds focused on high-need and high-\n poverty eligible entities.\n ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire. Such application shall include--\n ``(1) a description of how the eligible entity will monitor \n and evaluate the effectiveness of curriculum development, \n assessments, or related activities that would enable States to \n adopt new mathematics and science academic standards; and\n ``(2) any other information the Secretary determines \n appropriate.\n ``(e) Use of Funds.--An eligible entity receiving a grant under \nthis section shall use grant funds to carry out curriculum development, \nassessments, or related activities that would enable States to adopt \nnew mathematics and science academic standards and provide professional \ndevelopment regarding STEM education standards and national tests for \nadministrators who are employed as teachers and administrators, \nrespectively, as of the time of the program.\n ``(f) Reports to the Secretary.--An eligible entity receiving a \ngrant under this section shall submit to the Secretary an annual report \nthat describes the progress made on the grant and includes the results \nfrom the evaluation described in the application under subsection (d).\n\n``SEC. 2505. NATIONAL PANEL.\n\n ``(a) In General.--The Secretary shall establish a national panel \nto review, evaluate, and identify--\n ``(1) rigorous kindergarten through grade 12 STEM curricula \n models, including computer or web-based simulation education \n programs, kinesthetic learning, and inquiry- or project-based \n learning techniques; and\n ``(2) best practices with respect to STEM curricula.\n ``(b) Members.--The Secretary shall determine the membership of the \nnational panel described in subsection (a), which shall be comprised of \nindividuals who have the wisdom and experience to identify and \nrecommend the most effective STEM curricula models, such as--\n ``(1) representatives of technology industries and \n business;\n ``(2) teachers and school administrators;\n ``(3) representatives of nonprofit organizations and \n community organizations;\n ``(4) faculty members of institutions of higher education;\n ``(5) research specialists and curricula specialists;\n ``(6) at least 1 rural education expert;\n ``(7) at least 1 high school or college student to provide \n a youth perspective; and\n ``(8) other individuals, as determined appropriate by the \n Secretary.\n ``(c) Reports.--The panel shall prepare reports and recommendations \nregarding the panel's findings as requested by the Secretary.\n\n``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this part \nsuch sums as may be necessary for fiscal year 2014 and each of the 5 \nsucceeding fiscal years.''.\n (b) Table of Contents.--The table of contents in section 2 of the \nElementary and Secondary Education Act of 1965 is amended by inserting \nafter the item relating to section 2441 the following:\n\n ``Part E--STEM Education Planning and Training\n\n``Sec. 2501. Definitions.\n``Sec. 2502. Planning grants.\n``Sec. 2503. Training program grants.\n``Sec. 2504. Academic standards grants.\n``Sec. 2505. National panel.\n``Sec. 2506. Authorization of appropriations.''.","summary":"STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education (IHEs) to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies (LEAs), IHEs, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools and for preservice teachers in postsecondary schools. Requires the Secretary to award competitive grants to states, Indian tribes or tribal organizations, LEAs, public charter schools, IHEs, or nonprofit organizations to support curriculum development, assessments, or related activities that enable states to adopt new mathematics and science academic standards. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.","title":"STEM 2 Act","text_len":11473,"sum_len":1472} {"bill_id":"103_hr1814","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access to Obstetric Care Act of \n1993''.\n\nSEC. 2. MEDICAID DEMONSTRATION PROJECTS TO IMPROVE ACCESS IN \n UNDERSERVED AREAS TO OBSTETRIC SERVICES.\n\n (a) In General.--The Secretary of Health and Human Services shall \nprovide under this section for demonstration projects by States that \nseek to reduce infant mortality by improving access in urban and rural \nunderserved areas to obstetric services for eligible pregnant women \nunder title XIX of the Social Security Act.\n (b) Nature of Projects.--Demonstration projects under this section \nshall incorporate innovative approaches for increasing the \nparticipation of obstetric providers under title XIX of the Social \nSecurity Act, such as--\n (1) expediting reimbursement and using innovative payment \n mechanisms, including global fees for obstetric services with \n guaranteed periodic payments;\n (2) special or enhanced reimbursement for early prenatal \n care, risk-assessment, and high-risk services;\n (3) patient distribution or referral systems;\n (4) subsidizing medical liability insurance premiums, in \n whole or in part, for selected obstetric providers;\n (5) paying for all or a portion of payments made in \n settlement of malpractice claims by patients of obstetric \n providers who meet certain criteria; and\n (6) providing professional liability coverage under the \n State tort claims act for certain obstetric providers while \n treating a specified category of patients.\nDemonstration projects addressing reimbursement must provide for \nintegrated prenatal, delivery and postpartum services.\n (c) Supplemental Funding.--(1) With respect to the additional \nexpenditures for medical assistance made under the State plan under \ntitle XIX of the Social Security Act to carry out a demonstration \nproject under this section, the Federal medical assistance percentage \n(otherwise determined under section 1905(b) of such Act) shall be \nincreased by 25 percentage points (but in no case to a percentage \ngreater than 95 percent).\n (2) The amount of funds that may be expended as medical assistance \nto carry out the purposes of this section shall be such sums as may be \nappropriated during the 5-fiscal-year period beginning with fiscal year \n1994.\n (d) Waiver Authority.--(1) Except as provided under paragraphs (2) \nand (3), the Secretary is authorized to waive the requirements of title \nXIX of the Social Security Act to the extent necessary to implement \ndemonstration projects under this section.\n (2) Except as permitted under section 1915(b)(1) of the Social \nSecurity Act, the Secretary may not waive under paragraph (1) the \nrequirement of sections 1902(a)(23) and 1916 of such Act.\n (3) The Secretary may not approve a demonstration project under \nthis section, or a waiver under paragraph (1), that reduces the amount, \nduration, or scope of medical assistance made available under title XIX \nof the Social Security Act or that results in a loss of eligibility for \nindividuals otherwise eligible for such assistance.\n (e) Timely Action on Applications.--A request to the Secretary by a \nState for approval of a demonstration project under this section (and \nany accompanying waiver of a requirement of title XIX of the Social \nSecurity Act) shall be deemed granted unless the Secretary, within 90 \ndays after the date of its submission to the Secretary, either denies \nsuch request in writing or informs the State in writing with respect to \nany additional information which is needed in order to make a final \ndetermination with respect to the request. After the date the Secretary \nreceives such additional information, the request shall be deemed \ngranted unless the Secretary, within 90 days of such date, denies the \nrequest.\n (f) Duration.--A demonstration project under this section may be \nconducted for any portion of the period beginning after the date of \nenactment of this Act and ending December 31, 1997.\n (g) Evaluation.--Such projects must include a plan for evaluating \nthe effects of the demonstration projects on provider participation.\n (h) Report.--The Secretary shall report to Congress, not later than \nMarch 1, 1998, on the demonstration projects carried out under this \nsection and on how the results of such projects may be used to \nimplement programs to lower infant mortality and morbidity through \nimproving the access of pregnant women to obstetric services in urban \nand rural underserved areas.\n (i) Obstetric Provider Defined.--In this section, the term \n``obstetric provider'' means an obstetrician, obstetrician-\ngynecologist, family practitioner, certified nurse midwife, or \ncertified family nurse practitioner.\n\nSEC. 3. ANNUAL COMPENDIUM ON STATE INITIATIVES.\n\n (a) In General.--The Secretary of Health and Human Services, in \nconsultation with the Office of Rural Health Policy, shall develop and \nmake available to the public each year a compendium of the various \nState initiatives undertaken to address the obstetric access crisis in \nurban and rural areas.\n (b) Nature of Compendium.--The compendium shall include information \non State laws, regulations, programs and other initiatives undertaken \nto increase access to obstetric care in underserved areas. The \ncompendium shall include information on activities addressing liability \nproblems, efforts to retain and place providers of pregnancy-related \nservices in underserved areas, and efforts to recruit and retain \nproviders of obstetric services under the Medicaid program. The \ncompendium shall also include information on the results on any \nevaluations that have been conducted on such initiatives.\n\nSEC. 4. STUDY OF OBSTETRICAL MALPRACTICE CLAIMS.\n\n (a) Study.--The Secretary of Health and Human Services shall \nprovide a grant to a public or private nonprofit organization to \nconduct a study on the rate of medical malpractice actions or claims \nrelating to obstetrical care for patients whose care is paid for by \ntitle XIX of the Social Security Act as compared to those whose care is \npaid for by private insurance. Such study shall include a review of \nmedical records at selected hospitals, including rural hospitals, to \ndetermine the rates for each group.\n (b) Report.--By not later than 2 years after the date of the \nenactment of this Act, the Secretary shall submit to Congress a report \non the study conducted under subsection (a).\n (c) Medical Malpractice Action or Claim Defined.--In this section, \nthe term ``medical malpractice action or claim'' has the meaning given \nsuch term in section 431(7) of the Health Care Quality Improvement Act \nof 1986 (42 U.S.C. 11151(7)).","summary":"Access to Obstetric Care Act of 1993 - Directs the Secretary of Health and Human Services to: (1) provide for demonstration projects to improve access to obstetric services in underserved urban and rural areas for eligible pregnant women under title XIX (Medicaid) of the Social Security Act. (2) develop and make public each year a compendium of State initiatives to address the obstetric access crisis. And (3) provide a grant for the study of obstetrical malpractice claims.","title":"Access to Obstetric Care Act of 1993","text_len":6805,"sum_len":477} {"bill_id":"112_hr6242","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) Armed conflicts in the Middle East have created refugee \n populations numbering in the millions and comprised of peoples \n from many ethnic, religious, and national backgrounds.\n (2) Jews have lived mostly as a minority in the Middle \n East, North Africa, and the Persian Gulf region for more than \n 2,500 years.\n (3) The United States has long voiced its concern about the \n mistreatment of minorities and the violation of human rights in \n the Middle East and elsewhere.\n (4) The United States continues to play a pivotal role in \n seeking an end to the Arab-Israeli conflict in the Middle East \n and to promoting a peace that will benefit all the peoples of \n the region.\n (5) United States administrations historically have called \n for a just solution to the Palestinian refugee problem.\n (6) The Palestinian refugee issue has received considerable \n attention from countries of the world while the issue of Jewish \n refugees from the Arab and Muslim worlds has received very \n little attention.\n (7) A comprehensive peace in the region will require the \n resolution of all outstanding issues through bilateral and \n multilateral negotiations involving all concerned parties.\n (8) Approximately 850,000 Jews were displaced from Arab \n countries since the declaration of the State of Israel in 1948.\n (9) The United States has demonstrated interest and concern \n about the mistreatment, violation of rights, forced expulsion, \n and expropriation of assets of minority populations in general, \n and, in particular, former Jewish refugees displaced from Arab \n countries as evidenced, inter alia, by--\n (A) the Memorandum of Understanding signed by \n President Jimmy Carter and Israeli Foreign Minister \n Moshe Dayan on October 4, 1977, which states that ``[a] \n solution of the problem of Arab refugees and Jewish \n refugees will be discussed in accordance with rules \n which should be agreed'';\n (B) after negotiating the Camp David Accords, the \n Framework for Peace in the Middle East, the statement \n by President Jimmy Carter in a press conference on \n October 27, 1977, that ``Palestinians have rights . . . \n obviously there are Jewish refugees . . . they have the \n same rights as others do''; and\n (C) in an interview after Camp David II in July \n 2000, at which the issue of Jewish refugees displaced \n from Arab lands was discussed, the statement by \n President Clinton that ``There will have to be some \n sort of international fund set up for the refugees. \n There is, I think, some interest, interestingly enough, \n on both sides, in also having a fund which compensates \n the Israelis who were made refugees by the war, which \n occurred after the birth of the State of Israel. Israel \n is full of people, Jewish people, who lived in \n predominantly Arab countries who came to Israel because \n they were made refugees in their own land.''.\n (10) On April 1, 2008, the House of Representatives passed \n House Resolution 185, expressing the sense of the House of \n Representatives that--\n (A) for any comprehensive Middle East peace \n agreement to be credible and enduring, the agreement \n must address and resolve all outstanding issues \n relating to the legitimate rights of all refugees, \n including Jews, Christians, and other populations, \n displaced from countries in the Middle East; and\n (B) the President should instruct the United States \n Representative to the United Nations and all United \n States representatives in bilateral and multilateral \n fora to--\n (i) use the voice, vote, and influence of \n the United States to ensure that any \n resolutions relating to the issue of Middle \n East refugees, and which include a reference to \n the required resolution of the Palestinian \n refugee issue, must also include a similarly \n explicit reference to the resolution of the \n issue of Jewish refugees from Arab countries; \n and\n (ii) make clear that the United States \n Government supports the position that, as an \n integral part of any comprehensive Arab-Israeli \n peace, the issue of refugees from the Middle \n East, North Africa, and the Persian Gulf must \n be resolved in a manner that includes \n recognition of the legitimate rights of and \n losses incurred by all refugees displaced from \n Arab countries, including Jews, Christians, and \n other groups.\n (11) The international definition of a refugee clearly \n applies to Jews who fled the persecution of Arab regimes, where \n a refugee is a person who ``owing to a well-founded fear of \n being persecuted for reasons of race, religion, nationality, \n membership of a particular social group, or political opinion, \n is outside the country of his nationality, and is unable to or, \n owing to such fear, is unwilling to avail himself of the \n protection of that country'' (the 1951 Convention relating to \n the Status of Refugees).\n (12) On January 29, 1957, the United Nations High \n Commissioner for Refugees (UNHCR), determined that Jews fleeing \n from Arab countries were refugees who fell within the mandate \n of the UNHCR.\n (13) Subsequently, in a second UNHCR declaration, Dr. E. \n Jahn of the Office of the United Nations High Commissioner \n stated, on July 6, 1967: ``I refer to our recent discussion \n concerning Jews from Middle Eastern and North African countries \n in consequence of recent events. I am now able to inform you \n that such persons may be considered prima facie within the \n mandate of this Office.''.\n (14) United Nations Security Council Resolution 242 of \n November 22, 1967, calls for a ``just settlement of the refugee \n problem'' without distinction between Palestinian and Jewish \n refugees, and this is evidenced by the following:\n (A) On November 16, 1967, the United Kingdom \n submitted a draft of Resolution 242 (S\/8247) to the \n United Nations Security Council. This United Kingdom \n draft called for a just settlement of ``the refugee \n problem''. The Soviet Union submitted its own draft of \n Resolution 242 (S\/8253) to the United Nations Security \n Council four days later which restricted the just \n settlement to only ``Palestinian refugees''.\n (B) On November 22, 1967, the United Nations \n Security Council unanimously approved the draft of \n Resolution 242 advanced by the United Kingdom. It thus \n rejected the limitation proposed by the Soviet Union \n and accepted the broader notion of a ``just settlement \n of the refugee problem'' arising out of the Middle East \n conflict to include Palestinian and Jewish refugees.\n (C) Justice Arthur Goldberg, the United States \n Chief Delegate to the United Nations at that time, who \n was instrumental in drafting the unanimously adopted \n Resolution 242, pointed out that ``The Resolution \n addresses the objective of `achieving a just settlement \n of the refugee problem'. This language presumably \n refers both to Arab and Jewish refugees, for about an \n equal number of each abandoned their homes as a result \n of the several wars.''.\n (15) In his opening remarks before the January 28, 1992, \n organizational meeting for multilateral negotiations on the \n Middle East in Moscow, United States Secretary of State James \n Baker made no distinction between Palestinian refugees and \n Jewish refugees in articulating the mission of the Refugee \n Working Group, stating that ``[t]he refugee group will consider \n practical ways of improving the lot of people throughout the \n region who have been displaced from their homes''.\n (16) The Roadmap to a Permanent Two-State Solution to the \n Israeli-Palestinian Conflict, which refers in Phase III to an \n ``agreed, just, fair, and realistic solution to the refugee \n issue'', uses language that is equally applicable to all \n persons displaced as a result of the conflict in the Middle \n East.\n (17) Israel's agreements with Egypt, Jordan, and the \n Palestinians have affirmed that a comprehensive solution to the \n Arab-Israeli conflict will require a just solution to the \n plight of all refugees.\n (18) Israel's long-standing position in support of the \n rights and claims of Jewish refugees from Arab countries and \n Iran is well-established:\n (A) On September 28, 1969, Israel adopted \n Government Decision number 34, in which it set up a \n special, temporary department in the Ministry of \n Justice to gather facts and evidence regarding property \n expropriated and persecution perpetrated on Jews in \n Egypt, Iraq, Syria, and Yemen.\n (B) On March 3, 2002, Israel adopted Government \n Decision number 1544, in which it reaffirmed Government \n Decision number 34 and expanded it to include Jews who \n left all Arab countries and Iran.\n (C) On December 28, 2003, Israel adopted Government \n Decision number 1250, in which it reaffirmed Government \n Decisions number 34 and 1544 and directed the \n Department for the Rights of Jews from Arab Countries \n in the Ministry of Justice to continue collecting \n information on property expropriated and persecution \n perpetrated on Jews in Arab countries, create a \n centralized database of this information, and publish \n this information to encourage parties to come forward.\n (19) Recently, in February 2010, the Israeli Knesset \n adopted a law preserving the rights for compensation for Jewish \n refugees who originated from Arab countries and Iran. According \n to this law, the Israeli government and its prime minister are \n instructed to raise the issue of compensation for private and \n communal property during negotiations.\n (20) The initiative to secure rights and redress for Jews \n who were forced to flee Arab countries does not conflict with \n the right of Palestinian refugees to claim redress.\n (21) All countries should be aware of the plight of Jews \n and other minority groups displaced from countries in the \n Middle East, North Africa, and the Persian Gulf.\n (22) An international campaign has been proceeding in some \n 20 countries to record the history and legacy of Jewish \n refugees from Arab countries.\n (23) A just, comprehensive Arab-Israeli peace cannot be \n reached without addressing the uprooting of centuries-old \n Jewish communities in the Middle East, North Africa, and the \n Persian Gulf.\n (24) It would be inappropriate and unjust for the United \n States to recognize rights for Palestinian refugees without \n recognizing equal rights for Jewish refugees from Arab \n countries.\n\nSEC. 2. REPORT.\n\n Not later than 1 year after the date of the enactment of this Act, \nand every two years thereafter, the President shall submit to Congress \na report on the following:\n (1) Actions the executive branch has taken to fulfill the \n sense of the House of Representatives, as contained in \n paragraph (2) of the first section of House Resolution 185 (as \n passed the House of Representatives on April 1, 2008) and \n described in section 1(10)(B) of this Act.\n (2) Actions the executive branch has taken to use the \n voice, vote, and influence of the United States to ensure that \n any statements that include a reference to the required \n resolution of the Palestinian refugee issue by the Quartet on \n the Middle East, which includes the United Nations, the United \n States, the European Union, and Russia, must also include a \n similarly explicit reference to the resolution of the issue of \n Jewish refugees from Arab countries.\n (3) Assistance the United States has provided to Israel to \n help it accomplish its goal that the interests of Jews \n displaced from Arab countries are considered in any final \n settlement of the Middle East refugee question that is part of \n any comprehensive Arab-Israeli peace.\n (4) Recommended actions that would ensure that the \n interests of all refugees displaced from Arab countries, \n including Jews, Christians, and other groups, are considered in \n any final settlement of the Middle East refugee question that \n is part of any comprehensive Arab-Israeli peace.","summary":"Directs the President to report to Congress every two years regarding executive branch actions taken to ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.","title":"To direct the President to submit to Congress a report on actions the executive branch has taken relating to the resolution of the issue of Jewish refugees from Arab countries.","text_len":14482,"sum_len":351} {"bill_id":"106_s1005","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deadly Driver Reduction Act''.\n\nSEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF \n OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF \n ALCOHOL.\n\n (a) In General.--Section 164 of title 23, United States Code, is \namended to read as follows:\n``Sec. 164. National minimum sentences for individuals convicted of \n operating motor vehicles while under the influence of \n alcohol\n ``(a) Definitions.--In this section:\n ``(1) Blood alcohol concentration.--The term `blood alcohol \n concentration' means grams of alcohol per 100 milliliters of \n blood or grams of alcohol per 210 liters of breath.\n ``(2) Driving under the influence.--The term `driving under \n the influence' means operating a motor vehicle while having a \n blood alcohol concentration above the limit established by the \n State in which the motor vehicle is operated.\n ``(3) Motor vehicle.--The term `motor vehicle' means a \n vehicle driven or drawn by mechanical power and manufactured \n primarily for use on public highways, but does not include a \n vehicle operated solely on a rail line or a commercial vehicle.\n ``(4) Operate.--The term `operate', with respect to a motor \n vehicle, means to drive or be in actual physical control of the \n motor vehicle.\n ``(b) Withholding of Apportionments for Noncompliance.--\n ``(1) Fiscal year 2003.--The Secretary shall withhold 5 \n percent of the amount required to be apportioned to any State \n under each of paragraphs (1), (3), and (4) of section 104(b) on \n October 1, 2002, if the State does not meet the requirements of \n paragraph (3) on that date.\n ``(2) Subsequent fiscal years.--The Secretary shall \n withhold 10 percent (including any amounts withheld under \n paragraph (1)) of the amount required to be apportioned to any \n State under each of paragraphs (1), (3), and (4) of section \n 104(b) on October 1, 2003, and on October 1 of each fiscal year \n thereafter, if the State does not meet the requirements of \n paragraph (3) on that date.\n ``(3) Requirements.--\n ``(A) In general.--A State meets the requirements \n of this paragraph if the State has enacted and is \n enforcing a law that provides for a minimum sentence \n consistent with the following and with subparagraph \n (B):\n ``(i) Except as provided in clause (ii), in \n the case of the first conviction of an \n individual for driving under the influence, a \n sentence requiring--\n ``(I) revocation of the \n individual's driver's license for 6 \n months;\n ``(II) payment of a $500 fine by \n the individual; and\n ``(III)(aa) an assessment of the \n individual's degree of alcohol abuse; \n and\n ``(bb) appropriate treatment.\n ``(ii) In the case of the first conviction \n of an individual for operating a motor vehicle \n with a blood alcohol concentration of .16 or \n greater, a sentence requiring--\n ``(I) revocation of the \n individual's driver's license for 6 \n months, or for 2 years if, at the time \n of arrest, the individual refused to \n take a breath test to determine the \n individual's blood alcohol \n concentration;\n ``(II) imposition of a requirement \n on the individual prohibiting the \n individual from operating a motor \n vehicle with a blood alcohol \n concentration of .05 or greater for 5 \n years;\n ``(III) impoundment or \n immobilization of the individual's \n motor vehicle for 30 days;\n ``(IV) imposition of a requirement \n on the individual requiring the \n installation of an ignition interlock \n system on the individual's motor \n vehicle for 180 days;\n ``(V) payment of a $750 fine by the \n individual;\n ``(VI) 10 days of imprisonment of, \n or 60 days of community service by, the \n individual; and\n ``(VII)(aa) an assessment of the \n individual's degree of alcohol abuse; \n and\n ``(bb) appropriate treatment.\n ``(iii) Except as provided in clause (iv), \n in the case of the second conviction of an \n individual for driving under the influence, a \n sentence requiring--\n ``(I) revocation of the \n individual's driver's license for 1 \n year, or for 2 years if, at the time of \n arrest, the individual refused to take \n a breath test to determine the \n individual's blood alcohol \n concentration;\n ``(II) imposition of a requirement \n on the individual prohibiting the \n individual from operating a motor \n vehicle with a blood alcohol \n concentration of .05 or greater for 5 \n years;\n ``(III) impoundment or \n immobilization of the individual's \n motor vehicle for 60 days;\n ``(IV) imposition of a requirement \n on the individual requiring the \n installation of an ignition interlock \n system on the individual's motor \n vehicle for 1 year;\n ``(V) payment of a $1,000 fine by \n the individual;\n ``(VI) 10 days of imprisonment of, \n or 60 days of community service by, the \n individual; and\n ``(VII)(aa) an assessment of the \n individual's degree of alcohol abuse; \n and\n ``(bb) appropriate treatment.\n ``(iv) In the case of the third or \n subsequent conviction of an individual for \n driving under the influence, or in the case of \n a second such conviction if the individual's \n first such conviction was a conviction \n described in clause (ii), a sentence requiring \n permanent revocation of the individual's \n driver's license.\n ``(B) Revocations.--A revocation of a driver's \n license under subparagraph (A) shall not be subject to \n any exception or condition, including an exception or \n condition to avoid hardship to any individual.\n ``(c) Period of Availability; Effect of Compliance and \nNoncompliance.--\n ``(1) Period of availability of withheld funds.--\n ``(A) Funds withheld on or before september 30, \n 2004.--Any funds withheld under subsection (b) from \n apportionment to any State on or before September 30, \n 2004, shall remain available until the end of the third \n fiscal year following the fiscal year for which the \n funds are authorized to be appropriated.\n ``(B) Funds withheld after september 30, 2004.--No \n funds withheld under this section from apportionment to \n any State after September 30, 2004, shall be available \n for apportionment to the State.\n ``(2) Apportionment of withheld funds after compliance.--\n If, before the last day of the period for which funds withheld \n under subsection (b) from apportionment are to remain available \n for apportionment to a State under paragraph (1)(A), the State \n meets the requirements of subsection (b)(3), the Secretary \n shall, on the first day on which the State meets the \n requirements, apportion to the State the funds withheld under \n subsection (b) that remain available for apportionment to the \n State.\n ``(3) Period of availability of subsequently apportioned \n funds.--\n ``(A) In general.--Any funds apportioned under \n paragraph (2) shall remain available for expenditure \n until the end of the third fiscal year following the \n fiscal year in which the funds are so apportioned.\n ``(B) Treatment of certain funds.--Any funds \n apportioned under paragraph (2) that are not obligated \n at the end of the period referred to in subparagraph \n (A) shall lapse.\n ``(4) Effect of noncompliance.--If, at the end of the \n period for which funds withheld under subsection (b) from \n apportionment are available for apportionment to a State under \n paragraph (1)(A), the State does not meet the requirements of \n subsection (b)(3), the funds shall lapse.''.\n (b) Conforming Amendment.--The analysis for subchapter I of chapter \n1 of title 23, United States Code, is amended by striking the item \nrelating to section 164 and inserting the following:\n\n``164. National minimum sentences for individuals convicted of \n operating motor vehicles while under the \n influence of alcohol.''.","summary":"Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment. (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment. (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment. And (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license . Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date , but allows no grace period with respect to funds withheld during the subsequent fiscal years.","title":"Deadly Driver Reduction Act","text_len":11228,"sum_len":2652} {"bill_id":"103_s525","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Educational Flexibility Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) historically, Federal education programs have addressed \n the Nation's most pressing educational problems by providing \n categorical assistance with detailed requirements relating to \n the use of funds;\n (2) while the approach described in paragraph (1) has \n proven generally successful, some program requirements may \n inadvertently impede educational achievement;\n (3) the Nation's schools are being asked to deal \n effectively with increasingly diverse educational needs that \n current program structures may not be flexible enough to \n address; and\n (4) in an era when educational change and reform must \n prevail, it is more important than ever to provide programs \n that--\n (A) result in improved educational outcomes for all \n students;\n (B) promote the coordination of education and \n related services that benefit children and their \n families;\n (C) respond flexibly to the needs of a diverse \n student population;\n (D) stop the proliferation of unnecessary Federal, \n State, and local regulation; and\n (E) place less emphasis on measuring resources and \n reviewing procedures and more emphasis on achieving \n program results.\n (b) Purpose.--It is the purpose of this Act to establish a national \nprogram which--\n (1) promotes educational reform that leads to improved \n educational outcomes for participants in affected programs;\n (2) holds accountable the schools and other recipients of \n Federal funds for achieving specific educational goals in \n exchange for increased flexibility in the use of their \n resources; and\n (3) enables school and program administrators, teachers, \n parents, local educational agencies, and community groups to \n work together to develop effective education programs that meet \n the needs of all participants, particularly those who are \n disadvantaged.\n\nSEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED \n SERVICES.\n\n Subpart 1 of part C of the General Education Provisions Act (20 \nU.S.C. 1221 et seq.) is amended by adding after section 421A the \nfollowing new section:\n\n``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED \n SERVICES.\n\n ``(a) Program Authorized.--\n ``(1) In general.--(A) The Secretary, in accordance with \n this section, shall assist elementary and secondary schools and \n other service providers to improve the achievement of all \n students and other participants, but particularly disadvantaged \n individuals, by authorizing waivers for States to enable such \n States to conduct projects to improve the performance of \n schools and programs by increasing their flexibility in the use \n of their resources while holding them accountable for achieving \n educational gains.\n ``(B)(i) In support of these projects, the Secretary is \n authorized to waive any statutory or regulatory requirement \n (except as provided in subsection (e)) applicable to a program \n described in clause (ii) that the Secretary determines may \n impede the ability of a school or other service provider to \n meet the special needs of such students and other individuals \n in the most effective manner possible. The head of any other \n Federal agency is similarly authorized to waive such \n requirements (except as provided in subsection (e)) applicable \n to an elementary, secondary, or youth vocational training \n program described in clause (ii) and administered by such \n agency if the head of such agency and the Secretary agree that \n such a waiver would promote the purpose of this section.\n ``(ii) The Secretary shall only waive a statutory or \n regulatory requirement applicable to a program under--\n ``(I) chapter 1 of title I of the Elementary and \n Secondary Education Act of 1965;\n ``(II) chapter 2 of title I of the Elementary and \n Secondary Education Act of 1965;\n ``(III) the Dwight D. Eisenhower Mathematics and \n Science Education Act;\n ``(IV) the Follow Through Act;\n ``(V) subtitle B of title VII of the Stewart B. \n McKinney Homeless Assistance Act;\n ``(VI) the Carl D. Perkins Vocational and Applied \n Technology Education Act, except part H of title III \n and funds allocated by States under section 232 of such \n Act;\n ``(VII) the Jacob K. Javits Gifted and Talented \n Students Education Act of 1988;\n ``(VIII) the Drug-Free Schools and Communities Act \n of 1986; and\n ``(IX) the Alcohol and Drug Abuse Education Act.\n ``(2) Project duration.--Projects assisted under this \n section, and any waivers associated with such projects, shall \n last not longer than 3 years, except that the Secretary may \n extend a project and any associated waivers for an additional 2 \n years if the Secretary determines that the project is making \n substantial progress in meeting its goals.\n ``(3) Termination.--The Secretary shall terminate a project \n and its associated waivers if the Secretary, at any time, \n determines it is not making acceptable progress toward meeting \n its goals. The head of any other Federal agency who has granted \n waivers under this section shall determine whether to extend or \n terminate those waivers, but the Secretary shall have exclusive \n authority to extend or terminate the project.\n ``(b) Eligibility.--\n ``(1) In general.--(A) The Secretary shall only assist a \n project under this section in a State which has demonstrated to \n the satisfaction of the Secretary that the State has \n implemented a comprehensive regulatory reform plan at least 2 \n years prior to the date on which the State transmits approved \n applications pursuant to subsection (c)(2).\n ``(B) For the purposes of this section, the term \n `comprehensive regulatory reform plan' means a plan developed \n by a State that offers local educational agencies within such \n State waivers of certain State statutory and regulatory \n requirements while holding such local educational agencies \n accountable for improved performance of students affected by \n such waivers.\n ``(2) Grade and program requirement.--To the extent \n possible, each grade and academic program in a participating \n school shall participate in a project assisted under this \n section.\n ``(c) Applications.--\n ``(1) Local.--A local educational agency desiring to \n participate in a project assisted under this section shall \n submit an application to the State educational agency for \n approval.\n ``(2) Approval and transmission to secretary.--The State \n educational agency shall transmit approved applications \n described in paragraph (1) to the Secretary.\n ``(3) Contents.--Each application transmitted pursuant to \n paragraph (2) shall include a plan which meets the purposes of \n the Educational Flexibility Act and--\n ``(A) describes the purposes and overall expected \n outcomes of the project;\n ``(B) indicates the Federal programs and \n requirements of such programs which will be waived and \n how such waivers will improve or maintain educational \n achievement among all students affected by such \n programs and requirements;\n ``(C) indicates which State and local requirements \n will be waived;\n ``(D) describes specific, measurable, educational \n goals for each school or other site in the project and \n for each school year of the project, including--\n ``(i) goals for improving the achievement \n of all participants, including disadvantaged \n individuals, with respect to achievement in \n basic and advanced skills;\n ``(ii) goals that reflect the broad \n purposes of each program for which a waiver is \n sought; and\n ``(iii) an explanation of how the applicant \n will measure progress in meeting the goals set \n for each school or site in the project and for \n disadvantaged individuals participating in the \n project; and\n ``(E) identifies the elementary or secondary \n schools to be included in the project and describes the \n student population at each such school, including--\n ``(i) current data regarding the \n achievement of disadvantaged students as well \n as other students; and\n ``(ii) the number of students who--\n ``(I) are of limited-English \n proficiency, as defined in section \n 7003(a)(1) of the Bilingual Education \n Act;\n ``(II) are children with \n disabilities, as such term is defined \n in section 602(a)(1) of the Individuals \n with Disabilities Education Act;\n ``(III) are currently or formerly \n migratory;\n ``(IV) are educationally deprived, \n as determined by eligibility for \n assistance under chapter 1 of title I \n of the Elementary and Secondary \n Education Act of 1965; and\n ``(V) are eligible for a free or \n reduced price school lunch.\n ``(d) Approval of Projects.--\n ``(1) In general.--The Secretary shall approve an \n application from a State that the Secretary determines shows \n substantial promise of achieving the purposes of the \n Educational Flexibility Act after considering--\n ``(A) the comprehensiveness of the project, \n including the types of students, schools, programs, and \n activities to be included;\n ``(B) the extent to which the provisions for which \n waivers are sought impede educational improvement;\n ``(C) the State and local requirements that will be \n waived for the project;\n ``(D) the significance and feasibility of the \n proposed project's goals for each participating school \n or site; and\n ``(E) the quality of the plan for ensuring \n accountability for the proposed plan's activities and \n goals.\n ``(2) Consultation.--The Secretary shall consult with the \n heads of other appropriate Federal agencies, if any, in \n determining whether to approve a project. Each such agency head \n shall notify the Secretary of any waivers granted by such \n agency head as part of such project.\n ``(3) Distribution of projects.--The Secretary shall ensure \n that, to the extent feasible, projects assisted under this \n section are geographically distributed, and equitably \n distributed among urban, suburban, and rural areas, as well as \n large and small schools.\n ``(e) Allocation of Federal Funds; Restriction on Waivers.--\n ``(1) Allocation of federal funds.--Federal funds under any \n program that are used to support a project under this section \n shall be allocated to local educational agencies and other \n recipients within the local educational agency in accordance \n with the statutory and regulatory requirements that govern the \n operation of that program, except that, for the purpose of such \n a project, the Secretary (or the head of any other Federal \n agency) may extend the duration of, and provide continuation \n funding to, a project chosen on a competitive basis that a \n participating agency is conducting.\n ``(2) Restriction on waivers.--Neither the Secretary nor \n the head of any other Federal agency shall waive under this \n section any statutory or regulatory requirement in awarding a \n grant after the date of enactment of the Educational \n Flexibility Act to a service provider within the local \n educational agency or other applicant participating in a \n project under this section.\n ``(3) Special rule.--Neither the Secretary nor, where \n applicable, the head of any other Federal agency shall waive \n under this section any statutory or regulatory requirement--\n ``(A) under section 438 and 439 of the General \n Education Provisions Act;\n ``(B) under title VI of the Civil Rights Act of \n 1964, section 504 of the Rehabilitation Act of 1973, \n title IX of the Education Amendments of 1972, or title \n II of the Americans with Disabilities Act;\n ``(C) under the Individuals with Disabilities \n Education Act; or\n ``(D) relating to--\n ``(i) maintenance of effort;\n ``(ii) comparability; or\n ``(iii) the equitable participation of \n students attending private schools.\n ``(f) Reports and Evaluations.--\n ``(1) Project reports.--Each project assisted under this \n section shall submit, not later than 90 days after the end of \n each fiscal year of the project, an annual report to the \n Secretary that--\n ``(A) summarizes the principal activities of the \n project;\n ``(B) contains school-by-school and other data, as \n described in the project plan, that show the extent to \n which the project is meeting its overall goals, \n including its goals for improving the achievement of \n all participants, particularly disadvantaged \n individuals, with respect to achievement in basic and \n advanced skills, and is meeting the goals for each \n school or other site;\n ``(C) describes the impact of the project on \n disadvantaged children in schools, if any, that are not \n participating in the project;\n ``(D) describes the effectiveness of efforts to \n coordinate programs and services for children and their \n families as appropriate; and\n ``(E) provides information or comparable data \n regarding the achievement levels demonstrated by \n children or students served pursuant to programs \n described in clause (ii) of subsection (a)(1)(B) during \n the preceding 3 fiscal years compared with the \n achievement levels demonstrated by children or students \n served under this section.\n ``(2) Secretary's report.--Beginning in fiscal year 1995 \n and every 2 years thereafter, the Secretary shall submit a \n report to the Congress that summarizes and analyzes the project \n reports required by paragraph (1).\n ``(3) Evaluation reports.--Within 7 years of the date of \n enactment of the Educational Flexibility Act, and at such \n interim points as the Secretary deems appropriate, the \n Secretary shall provide to the Congress an independent \n evaluation of the projects assisted under this section, as well \n as an evaluation of the program assisted under this section by \n the Department of Education and other affected Federal \n agencies. Such reports may include recommendations for \n amendments to program statutes that are based on the experience \n of projects that successfully raise educational achievement by \n eliminating or modifying statutory or regulatory provisions \n that impede educational improvement.\n ``(g) Definition.--For the purpose of this section, the term \n`disadvantaged students' includes students of limited English \nproficiency, children with disabilities, students who are currently or \nformerly migratory, and students who are educationally deprived.\n ``(h) Budget Neutrality.--The authority provided by this section \nshall not be exercised in a manner that, for any fiscal year, increases \ntotal obligations or outlays of discretionary appropriations for \nprograms subject to such authority, or that increases total obligations \nor outlays of funding for all direct-spending programs subject to such \nauthority over those that would have occurred absent such authority.''.\n\n \n\nS 525 IS----2","summary":"Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer. Limits duration of projects and associated waivers. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project. (2) relating to maintenance of effort, comparability, or equitable participation of private school students. And (3) under specified provisions of certain Federal laws relating to individuals with disabilities.","title":"Educational Flexibility Act","text_len":18344,"sum_len":1590} {"bill_id":"111_hr5363","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Waste, Fraud, and Abuse \nAct of 2010''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) To protect the taxpayer and the Treasury, it is the \n responsibility of the Congress to provide Federal agencies with \n the financial resources necessary to enforce the laws of the \n United States and to prevent waste, fraud, and abuse of \n taxpayer's dollars.\n (2) For every $1 invested in the Department of Health and \n Human Services and the Department of Justice for program \n integrity efforts to prevent waste, fraud, and abuse of \n Medicare, Medicaid, and the Children's Health Insurance \n Program, approximately $1.55 will be saved, according to a \n report issued by the Office of Management and Budget.\n (3) Increased program integrity efforts by the Department \n of Health and Human Services and the Department of Justice can \n provide an estimated savings of $4,470,000,000 on an investment \n of $3,100,000,000 in Medicare, Medicaid, and the Children's \n Health Insurance Program over the next 5 fiscal years and an \n estimated savings of $9,870,000,000 on an investment of \n $6,753,000,000 over the next 10 fiscal years, according to a \n report issued by the Office of Management and Budget.\n (4) For every $1 invested in the Social Security \n Administration for program integrity efforts to increase the \n volume of continuing disability reviews conducted pursuant to \n section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to \n determine whether a recipient of disability insurance benefits \n under section 223(a) of such Act (42 U.S.C. 423(a)) will \n continue to be eligible for such benefits, approximately $10 \n will be saved, according to a report issued by the Office of \n Management and Budget.\n (5) For every $1 invested in the Social Security \n Administration for program integrity efforts to increase the \n volume of continuing disability reviews conducted pursuant to \n section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to \n determine whether a recipient of supplemental security income \n benefits under section 1611 of such Act (42 U.S.C. 1382) will \n continue to be eligible for such benefits, approximately $8 \n will be saved, according to a report issued by the Office of \n Management and Budget.\n (6) Providing additional funding to the Social Security \n Administration to increase the volume of continuing disability \n reviews conducted pursuant to sections 221(i) and 1631(j) of \n Social Security Act (42 U.S.C. 421(i), 1383(j), respectively) \n can provide an estimated savings of $16,102,000,000 on an \n investment of $3,953,000,000 over the next 5 fiscal years and \n an estimated savings of $57,838,000,000 on an investment of \n $10,252,000,000 over the next 10 fiscal years, according to a \n report issued by the Office of Management and Budget.\n (7) The tax gap, the difference between the annual amount \n of Federal income taxes owed and the amount voluntarily paid on \n time, places an undue burden upon the overwhelming majority of \n taxpayers who fully and voluntarily pay their taxes on time.\n (8) In a report released in 2009 by the Internal Revenue \n Service, it was estimated that in 2005 (the most recent \n estimate available) the gross tax gap was $345,000,000,000 and \n the net tax gap (after the collection of late and enforced \n payments) was $290,000,000,000.\n (9) In 2009, for every $1 that was invested for the \n purposes of enforcing the tax code, the Internal Revenue \n Service returned an average of $4 to the Treasury, with some \n enforcement activities returning as much as $11 for every $1 \n invested, according to a report issued by the Office of \n Management and Budget.\n (10) By increasing overall tax enforcement efforts, the \n Internal Revenue Service can provide an estimated savings of \n $13,874,000,000 on an investment of $8,869,000,000 over the \n next 5 fiscal years and an estimated savings of $62,217,000,000 \n on an investment of $23,275,000,000 over the next 10 fiscal \n years, according to a report issued by the Office of Management \n and Budget.\n (11) For each $1 invested to increase the volume of in-\n person reemployment and eligibility assessments conducted by \n States for the Department of Labor's unemployment insurance \n program, approximately $3.19 will be saved over the next 10 \n years, according to a report issued by the Office of Management \n and Budget.\n (12) States will save the Department of Labor's \n unemployment insurance program an estimated $937,000,000 on an \n investment of $325,000,000 by increasing the volume of in-\n person reemployment and eligibility assessments over the next 5 \n fiscal years and an estimated savings of $2,296,000,000 on an \n investment of $720,000,000 over the next 10 fiscal years, \n according to a report issued by the Office of Management and \n Budget.\n (13) The investments described in the preceding paragraphs, \n if carried out, will save the taxpayers nearly $2,000,000,000 \n during fiscal year 2011, while laying the foundations for \n saving more than $35,000,000,000 over the next 5 fiscal years \n and more than $132,000,000,000 over the next 10 fiscal years.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Agency head.--The term ``agency head'' means--\n (A) the Attorney General;\n (B) the Commissioner of Social Security;\n (C) the Secretary of Health and Human Services;\n (D) the Secretary of Labor; and\n (E) the Secretary of the Treasury.\n (2) Director.--The term ``Director'' means the Director of \n the Office of Management and Budget.\n\nSEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS.\n\n (a) Program Integrity Efforts.--\n (1) In general.--Each agency head, in consultation with the \n Director, shall--\n (A) identify existing Federal laws and regulations \n that may impede the ability to decrease waste, fraud, \n and abuse of funds appropriated to the agency head's \n agency; and\n (B) develop appropriate performance metrics to \n measure such agency's success in decreasing waste, \n fraud, and abuse.\n (2) Development of metrics.--In developing performance \n metrics referred to in paragraph (1)(B), each agency head \n shall--\n (A) ensure that such metrics accurately demonstrate \n the effectiveness of the programs and activities \n referred to in subsection (d) in decreasing waste, \n fraud, and abuse;\n (B) provide estimates for points of diminishing \n returns on the funds provided under this Act to \n increase program integrity efforts;\n (C) identify optimal baselines for each of the \n metrics developed under this subsection and appropriate \n methods to measure variations from such baselines; and\n (D) set performance targets for each of fiscal \n years 2012 through 2020.\n (b) Innovation and Development.--Each agency head shall make \nappropriate accommodations for innovation and development to address \nthe program integrity efforts for programs and activities referred to \nin subsection (d).\n (c) Reports.--\n (1) In general.--Each agency head shall submit to \n Congress--\n (A) not later than 6 months after the date of \n enactment of this Act, an interim report that includes \n a description of--\n (i) what the performance metrics developed \n under subsection (a) will be measuring; and\n (ii) how such metrics will measure and \n provide an accurate analysis of the performance \n of the applicable programs and activities \n referred to in subsection (d); and\n (B) not later than 1 year after the date of \n enactment of this Act, a final report that sets forth \n the performance metrics developed under subsection (a).\n (2) Federal register; web site.--Each agency head shall \n publish in the Federal Register and make available on the \n agency Web site the performance metrics set forth in its final \n report submitted under paragraph (1)(B) not later than 30 days \n after such report is submitted.\n (3) Modification of performance metrics.--Not later than 30 \n days after the date on which any performance metrics developed \n under subsection (a) are modified by an agency head, such \n agency head shall submit to Congress a written notice \n describing such modifications.\n (4) OMB annual report.--Using the performance metrics \n developed under subsection (a), each year, beginning with the \n first fiscal year following the date on which the final reports \n are required to be submitted under paragraph (1)(B), on or \n after the first Monday in January but not later than the first \n Monday in February, the Director shall submit to Congress an \n annual report measuring the success of the agency head's agency \n in decreasing waste, fraud, and abuse of funds appropriated to \n such agency. Each annual report shall include a summary of and \n justifications for any modified performance metrics submitted \n to Congress pursuant to paragraph (3).\n (5) Referral of reports.--Each report submitted pursuant to \n this subsection shall be referred to the Committee on \n Appropriations and the Committee on the Budget of the House of \n Representatives and the Committee on Appropriations and the \n Committee on the Budget of the Senate, and any other \n appropriate committee of jurisdiction.\n (d) Authorization of Appropriations.--\n (1) Department of health and human services; department of \n justice.--For the purposes of continuing and increasing program \n integrity efforts of the Department of Health and Human \n Services and the Department of Justice to prevent waste, fraud, \n and abuse of Medicare, Medicaid, and the Children's Health \n Insurance Program, there are authorized to be appropriated the \n following sums:\n (A) $561,000,000 for fiscal year 2011, to remain \n available through September 30, 2012.\n (B) $589,000,000 for fiscal year 2012, to remain \n available through September 30, 2013.\n (C) $619,000,000 for fiscal year 2013, to remain \n available through September 30, 2014.\n (D) $649,000,000 for fiscal year 2014, to remain \n available through September 30, 2015.\n (E) $682,000,000 for fiscal year 2015, to remain \n available through September 30, 2016.\n (F) $3,653,000,000 for the period encompassing \n fiscal years 2016 through 2020.\n (2) Social security administration.--For the purposes of \n continuing and increasing program integrity efforts of the \n Social Security Administration by increasing the volume of \n continuing disability reviews conducted pursuant to sections \n 221(i) and 1631(j) of the Social Security Act (42 U.S.C. \n 421(i), 1383(j), respectively), there are authorized to be \n appropriated to the Commissioner of Social Security the \n following sums:\n (A) $513,000,000 for fiscal year 2011, to remain \n available through September 30, 2012.\n (B) $642,000,000 for fiscal year 2012, to remain \n available through September 30, 2013.\n (C) $751,000,000 for fiscal year 2013, to remain \n available through September 30, 2014.\n (D) $924,000,000 for fiscal year 2014, to remain \n available through September 30, 2015.\n (E) $1,123,000,000 for fiscal year 2015, to remain \n available through September 30, 2016.\n (F) $6,299,000,000 for the period encompassing \n fiscal years 2016 through 2020.\n (3) Department of the treasury.--For purposes of continuing \n and increasing program integrity efforts of the Department of \n the Treasury by expanding tax enforcement activities, there are \n authorized to be appropriated to the Secretary of the Treasury \n the following sums:\n (A) $1,115,000,000 for fiscal year 2011, to remain \n available through September 30, 2012.\n (B) $1,357,000,000 for fiscal year 2012, to remain \n available through September 30, 2013.\n (C) $1,724,000,000 for fiscal year 2013, to remain \n available through September 30, 2014.\n (D) $2,105,000,000 for fiscal year 2014, to remain \n available through September 30, 2015.\n (E) $2,568,000,000 for fiscal year 2015, to remain \n available through September 30, 2016.\n (F) $14,406,000,000 for the period encompassing \n fiscal years 2016 through 2020.\n (4) Department of labor.--For purposes of continuing and \n increasing program integrity efforts of the Department of Labor \n by increasing the volume of in-person reemployment and \n eligibility assessments of unemployment insurance beneficiaries \n conducted by States, there are authorized to be appropriated to \n the Secretary of Labor the following sums:\n (A) $55,000,000 for fiscal year 2011, to remain \n available through September 30, 2012.\n (B) $60,000,000 for fiscal year 2012, to remain \n available through September 30, 2013.\n (C) $65,000,000 for fiscal year 2013, to remain \n available through September 30, 2014.\n (D) $70,000,000 for fiscal year 2014, to remain \n available through September 30, 2015.\n (E) $75,000,000 for fiscal year 2015, to remain \n available through September 30, 2016.\n (F) $395,000,000 for the period encompassing fiscal \n years 2016 through 2020.","summary":"Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury , in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies. And (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse. (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts. (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines. And (4) set performance targets for each of FY2012-FY2020. Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report. And (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.","title":"To make funds available to increase program integrity efforts and reduce wasteful government spending of taxpayer's dollars.","text_len":15391,"sum_len":1641} {"bill_id":"111_hr416","text":"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Shirley A. \nChisholm United States-Caribbean Educational Exchange Act of 2009''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title and table of contents.\nSec. 2. Definitions.\nSec. 3. Statement of purpose.\nSec. 4. Shirley A. Chisholm United States-Caribbean Educational \n Exchange Program.\nSec. 5. Program to provide educational development assistance for \n CARICOM countries.\nSec. 6. Administrative provisions.\nSec. 7. Reporting requirements.\nSec. 8. Authorization of appropriations.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--Except as otherwise provided, the term \n ``Administrator'' means the Administrator of the United States \n Agency for International Development.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs and the \n Committee on Appropriations of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate.\n (3) CARICOM country.--The term ``CARICOM country''--\n (A) means a member country of the Caribbean \n Community (CARICOM); but\n (B) does not include--\n (i) a country having observer status in \n CARICOM; or\n (ii) a country the government of which the \n Secretary of State has determined, for purposes \n of section 6(j) of the Export Administration \n Act of 1979 (as continued in effect pursuant to \n the International Emergency Economic Powers \n Act), section 40 of the Arms Export Control \n Act, section 620A of the Foreign Assistance Act \n of 1961, or any other provision of law, is a \n government that has repeatedly provided support \n for acts of international terrorism.\n (4) Secretary.--Except as otherwise provided, the term \n ``Secretary'' means the Secretary of State.\n (5) United states cooperating agency.--The term ``United \n States cooperating agency'' means--\n (A) an institution of higher education (as such \n term is defined in section 101(a) of the Higher \n Education Act of 1965 (20 U.S.C. 1001(a))), including, \n to the maximum extent practicable, an historically \n Black college or university that is a part B \n institution (as such term is defined in section 322(2) \n of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving \n institution (as such term is defined in section 502(5) \n of such Act (20 U.S.C. 1101a(5)));\n (B) a higher education association;\n (C) a nongovernmental organization incorporated in \n the United States; or\n (D) a consortium consisting of two or more such \n institutions, associations, or nongovernmental \n organizations.\n\nSEC. 3. STATEMENT OF PURPOSE.\n\n The purpose of this Act is to establish--\n (1) an educational exchange program between the United \n States and CARICOM countries, to be known as the ``Shirley A. \n Chisholm United States-Caribbean Educational Exchange \n Program'', pursuant to section 4 to assist in educating \n promising students and scholars from communities demonstrating \n the greatest need within CARICOM countries who will invest the \n knowledge and experiences they gain in the United States back \n into the community of CARICOM countries; and\n (2) a program to provide educational development assistance \n for communities demonstrating the greatest need within CARICOM \n countries pursuant to section 5.\n\nSEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL \n EXCHANGE PROGRAM.\n\n (a) Program Authorized.--The Secretary of State is authorized to \nestablish an educational exchange program between the United States and \nCARICOM countries, to be known as the ``Shirley A. Chisholm United \nStates-Caribbean Educational Exchange Program,'' under which--\n (1) secondary school students from CARICOM countries will--\n (A) attend a public or private secondary school in \n the United States; and\n (B) participate in activities designed to promote a \n greater understanding of the values and culture of the \n United States; and\n (2) undergraduate students, graduate students, post-\n graduate students, and scholars from CARICOM countries will--\n (A) attend a public or private college or \n university, including a community college, in the \n United States; and\n (B) participate in activities designed to promote a \n greater understanding of the values and culture of the \n United States.\n (b) Elements of Program.--The program authorized under subsection \n(a) shall meet the following requirements:\n (1) The program will offer scholarships to students and \n scholars based on merit and need. It is the sense of Congress \n that scholarships should be offered to students and scholars \n who evidence merit, achievement, and strong potential for the \n studies such students and scholars wish to undertake under the \n program and 60 percent of scholarships offered under the \n program should be based on financial need.\n (2) The program will seek to achieve gender equality in \n granting scholarships under the program.\n (3) Fields of study under the program will support the \n labor market and development needs of CARICOM countries, \n assuring a pool of technical experts to address such needs.\n (4) The program will limit participation to--\n (A) one year of study for secondary school \n students;\n (B) two years of study for undergraduate students; \n and\n (C) 12 months of study for graduate students, post-\n graduate students, and scholars.\n (5) For a period of time equal to the period of time of \n participation in the program, but not to exceed 2 years, the \n program will require participants who are students and scholars \n described in subsection (a)(2) to--\n (A) agree to return to live in a CARICOM country \n and maintain residence in such country, within 6 months \n of completion of academic studies; or\n (B) agree to obtain employment that directly \n benefits the growth, progress, and development of one \n or more CARICOM countries and the people of such \n countries.\n (6) The Secretary may waive, shorten the duration, or \n otherwise alter the requirements of paragraph (4) in limited \n circumstances of hardship, humanitarian needs, for specific \n educational purposes, or in furtherance of the national \n interests of the United States.\n (c) Role of United States Cooperating Agencies.--The Secretary \nshall consult with United States cooperating agencies in developing the \nprogram authorized under subsection (a). The Secretary is authorized to \nprovide grants to United States cooperating agencies in carrying out \nthe program authorized under subsection (a).\n (d) Monitoring and Evaluation of Program.--\n (1) In general.--The Secretary shall monitor and evaluate \n the effectiveness and efficiency of the program authorized \n under subsection (a). In so doing, the Secretary shall, among \n other things, evaluate the program's positive or negative \n effects on brain drain from the participating CARICOM countries \n and suggest ways in which the program may be improved to \n promote the basic goal of alleviating brain drain from the \n participating CARICOM countries.\n (2) Requirements.--In carrying out paragraph (1), the \n Secretary shall review on a regular basis--\n (A) financial information relating to the program;\n (B) budget plans for the program;\n (C) adjustments to plans established for the \n program;\n (D) graduation rates of participants in the \n program;\n (E) the percentage of participants who are students \n described in subsection (a)(1) who pursue higher \n education;\n (F) the percentage of participants who return to \n their home country or another CARICOM country;\n (G) the types of careers pursued by participants in \n the program and the extent to which such careers are \n linked to the political, economic, and social \n development needs of CARICOM countries; and\n (H) the impact of gender, country of origin, \n financial need of students, and other relevant factors \n on the data collected under subparagraphs (D) through \n (G).\n\nSEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR \n CARICOM COUNTRIES.\n\n (a) Program Authorized.--The Secretary of State, acting through the \nAdministrator of the United States Agency for International \nDevelopment, is authorized to establish a program to provide \neducational development assistance for CARICOM countries.\n (b) Purpose of Program.--The purpose of the program authorized \nunder subsection (a) is to improve primary and secondary education in \nCARICOM countries by enhancing teacher training, strengthening \ncurriculum and instructional materials, and assisting improvements in \nschool management and public administration of education.\n (c) Elements of Program.--The program authorized under subsection \n(a) shall extend and expand upon existing primary and secondary school \nprograms in CARICOM countries to provide--\n (1) teacher-training methods and training in subject area \n studies;\n (2) classroom and school management;\n (3) development and modernization of curriculum and \n instructional materials;\n (4) increased community involvement in school activities; \n and\n (5) local, regional, and national government policy \n planning on the elements described in paragraphs (1) through \n (4).\n (d) Role of United States Cooperating Agencies.--The Secretary \nshall consult with the Secretary of Education, officials of United \nStates cooperating agencies, and officials of CARICOM countries in \ndeveloping the program authorized under subsection (a). The Secretary \nis authorized to make grants to United States cooperating agencies in \ncarrying out the program authorized under subsection (a).\n (e) Monitoring and Evaluation of Program.--The Secretary shall \nmonitor and evaluate the effectiveness and efficiency of the program \nauthorized under subsection (a).\n\nSEC. 6. ADMINISTRATIVE PROVISIONS.\n\n (a) Funding From Private Sources and Partnerships With Other \nAppropriate Entities.--To the maximum extent practicable, the Secretary \nof State and the Administrator of the United States Agency for \nInternational Development should implement the programs authorized \nunder sections 4 and 5 through utilization of funding from private \nsources to maximize the impact of United States funds under this Act, \nand through partnerships with appropriate United States organizations, \ninstitutions, and corporations.\n (b) Avoidance of Duplication.--The Secretary and the Administrator \nshall consult with the Secretary of Education to ensure that--\n (1) activities under the programs authorized under sections \n 4 and 5 are not duplicative of other United States educational \n programs for CARICOM countries; and\n (2) United States cooperating agencies and partner \n institutions in CARICOM countries are accredited by national or \n regional accrediting bodies.\n (c) Reporting Under SEVIS.--To the extent necessary, the Secretary \nshall provide support to United States cooperating agencies that are \nparticipating in the program authorized under section 4 in order to \nfulfill the requirements for student data reporting under the Student \nand Exchange Visitor Information System (SEVIS).\n\nSEC. 7. REPORTING REQUIREMENTS.\n\n (a) Report Required.--Not later than 120 days after the date of the \nenactment of this Act, the Secretary of State shall submit to the \nappropriate congressional committees a report on plans to implement the \nprograms authorized under sections 4 and 5.\n (b) Matters To Be Included.--The report required by subsection (a) \nshall include--\n (1) with respect to implementation of the program \n authorized under section 4--\n (A) a plan for selecting participants in the \n program, including an estimate of the number of \n secondary school students, undergraduate students, \n graduate students, post-graduate students, and scholars \n from each country, by educational level, who will be \n selected as participants in the program for each fiscal \n year;\n (B) a timeline for selecting United States \n cooperating agencies that will assist in implementing \n the program;\n (C) a financial plan that--\n (i) identifies budget plans for each \n educational level under the program; and\n (ii) identifies plans or systems to ensure \n that the costs to public school, college, and \n university education under the program and the \n costs to private school, college, and \n university education under the program are \n reasonably allocated; and\n (D) a plan to provide outreach to and linkages with \n schools, colleges and universities, and nongovernmental \n organizations in both the United States and CARICOM \n countries for implementation of the program; and\n (2) a plan outlining implementation of the program \n authorized under section 5, identifying the initial countries \n in which the program will be implemented and a timeline for \n implementation.\n (c) Updates of Report.--\n (1) In general.--The Secretary shall submit to the \n appropriate congressional committees updates of the report \n required by subsection (a) for each fiscal year for which \n amounts are appropriated pursuant to the authorization of \n appropriations under section 8.\n (2) Matters to be included.--Such updates shall include the \n following:\n (A) Information on United States cooperating \n agencies that are selected to assist in implementing \n the programs authorized under sections 4 and 5.\n (B) An analysis of the positive and negative \n impacts the program authorized under section 4 will \n have or is having on brain drain from the participating \n CARICOM countries.\n (C) A description of efforts made by the Secretary \n and the Administrator to implement the program \n authorized under section 5.\n (D) A description of the programs established in \n each CARICOM country receiving assistance under the \n program authorized under section 5. Such description \n shall include a detailed explanation of the extent to \n which the program and the assistance provided are \n contributing to the purpose of the program described in \n section 5(b) in the CARICOM country.\n (E) An evaluation of additional educational \n development goals in CARICOM countries, identifying \n those goals that could be maximized or achieved with \n United States assistance through the program authorized \n under section 5. In addition to standard or necessary \n areas of education review, the evaluation should give \n attention to factors affecting academic achievement, \n attrition, and graduation rates in CARICOM countries. \n The evaluation should suggest ways in which United \n States assistance can maximize success factors and \n address factors contributing to poor achievement.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n To carry out this Act, there are authorized to be appropriated such \nsums as may be necessary for each of the fiscal years 2009 through \n2012. Amounts appropriated pursuant to the authorization of \nappropriations under this section are in addition to amounts otherwise \navailable for such purposes.","summary":"Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend US schools and participate in activities designed to promote a greater understanding of US values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education.","title":"To authorize the establishment of educational exchange and development programs for member countries of the Caribbean Community (CARICOM).","text_len":18001,"sum_len":799} {"bill_id":"109_hr4934","text":"SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.\n\n Section 117(h) of the Carl D. Perkins Vocational and Technical \nEducation Act of 1998 (20 U.S.C. 2327(h)) is amended by striking \nparagraph (2) and inserting the following:\n ``(2) Indian student count.--\n ``(A) In general.--The term `Indian student count' \n means a number equal to the total number of Indian \n students enrolled in each tribally-controlled \n postsecondary vocational and technical institution, as \n determined in accordance with subparagraph (B).\n ``(B) Determination.--\n ``(i) Enrollment.--For each academic year, \n the Indian student count shall be determined on \n the basis of the enrollments of Indian students \n as in effect at the conclusion of--\n ``(I) in the case of the fall term, \n the third week of the fall term; and\n ``(II) in the case of the spring \n term, the third week of the spring \n term.\n ``(ii) Calculation.--For each academic \n year, the Indian student count for a tribally-\n controlled postsecondary vocational and \n technical institution shall be the quotient \n obtained by dividing--\n ``(I) the sum of the credit-hours \n of all Indian students enrolled in the \n tribally-controlled postsecondary \n vocational and technical institution \n (as determined under clause (i)); by\n ``(II) 12.\n ``(iii) Summer term.--Any credit earned in \n a class offered during a summer term shall be \n counted in the determination of the Indian \n student count for the succeeding fall term.\n ``(iv) Students without secondary school \n degrees.--\n ``(I) In general.--A credit earned \n at a tribally-controlled postsecondary \n vocational and technical institution by \n any Indian student that has not \n obtained a secondary school degree (or \n the recognized equivalent of such a \n degree) shall be counted toward the \n determination of the Indian student \n count if the institution at which the \n student is enrolled has established \n criteria for the admission of the \n student on the basis of the ability of \n the student to benefit from the \n education or training of the \n institution.\n ``(II) Presumption.--The \n institution shall be presumed to have \n established the criteria described in \n subclause (I) if the admission \n procedures for the institution include \n counseling or testing that measures the \n aptitude of a student to successfully \n complete a course in which the student \n is enrolled.\n ``(III) Credits toward secondary \n school degree.--No credit earned by an \n Indian student for the purpose of \n obtaining a secondary school degree (or \n the recognized equivalent of such a \n degree) shall be counted toward the \n determination of the Indian student \n count under this clause.\n ``(v) Continuing education programs.--Any \n credit earned by an Indian student in a \n continuing education program of a tribally-\n controlled postsecondary vocational and \n technical institution shall be included in the \n determination of the sum of all credit hours of \n the student if the credit is converted to a \n credit-hour basis in accordance with the system \n of the institution for providing credit for \n participation in the program.''.","summary":"Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of Indian student count .","title":"To amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of \"Indian student count\".","text_len":5185,"sum_len":446} {"bill_id":"114_s1512","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pregnant Workers Fairness Act''.\n\nSEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS \n RELATED TO PREGNANCY.\n\n It shall be an unlawful employment practice for a covered entity \nto--\n (1) not make reasonable accommodations to the known \n limitations related to the pregnancy, childbirth, or related \n medical conditions of a job applicant or employee, unless such \n covered entity can demonstrate that the accommodation would \n impose an undue hardship on the operation of the business of \n such covered entity;\n (2) deny employment opportunities to a job applicant or \n employee, if such denial is based on the need of the covered \n entity to make reasonable accommodations to the known \n limitations related to the pregnancy, childbirth, or related \n medical conditions of an employee or applicant;\n (3) require a job applicant or employee affected by \n pregnancy, childbirth, or related medical conditions to accept \n an accommodation that such applicant or employee chooses not to \n accept, if such accommodation is unnecessary to enable the \n applicant or employee to perform her job;\n (4) require an employee to take leave, whether paid or \n unpaid, if another reasonable accommodation can be provided to \n the known limitations related to the pregnancy, childbirth, or \n related medical conditions of an employee; or\n (5) take adverse action in terms, conditions, or privileges \n of employment against an employee on account of the employee \n requesting or using a reasonable accommodation to the known \n limitations related to the pregnancy, childbirth, or related \n medical conditions of the employee.\n\nSEC. 3. REMEDIES AND ENFORCEMENT.\n\n (a) Employees Covered by Title VII of the Civil Rights Act of \n1964.--\n (1) In general.--The powers, procedures, and remedies \n provided in sections 705, 706, 707, 709, 710, and 711 of the \n Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the \n Commission, the Attorney General, or any person, alleging a \n violation of title VII of that Act (42 U.S.C. 2000e et seq.) \n shall be the powers, procedures, and remedies this Act provides \n to the Commission, the Attorney General, or any person, \n respectively, alleging an unlawful employment practice in \n violation of this Act against an employee described in section \n 5(3)(A), except as provided in paragraphs (2) and (3).\n (2) Costs and fees.--The powers, remedies, and procedures \n provided in subsections (b) and (c) of section 722 of the \n Revised Statutes of the United States (42 U.S.C. 1988), shall \n be the powers, remedies, and procedures this Act provides to \n the Commission, the Attorney General, or any person, alleging \n such a practice.\n (3) Damages.--The powers, remedies, and procedures provided \n in section 1977A of the Revised Statutes of the United States \n (42 U.S.C. 1981a), including the limitations contained in \n subsection (b)(3) of such section 1977A, shall be the powers, \n remedies, and procedures this Act provides to the Commission, \n the Attorney General, or any person, alleging such a practice \n (not an employment practice specifically excluded from coverage \n under section 1977A(a)(1) of the Revised Statutes of the United \n States).\n (b) Employees Covered by Congressional Accountability Act of \n1995.--\n (1) In general.--The powers, remedies, and procedures \n provided in the Congressional Accountability Act of 1995 (2 \n U.S.C. 1301 et seq.) to the Board (as defined in section 101 of \n that Act (2 U.S.C. 1301)), or any person, alleging a violation \n of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be \n the powers, remedies, and procedures this Act provides to that \n Board, or any person, alleging an unlawful employment practice \n in violation of this Act against an employee described in \n section 5(3)(B), except as provided in paragraphs (2) and (3).\n (2) Costs and fees.--The powers, remedies, and procedures \n provided in subsections (b) and (c) of section 722 of the \n Revised Statutes of the United States (42 U.S.C. 1988), shall \n be the powers, remedies, and procedures this Act provides to \n that Board, or any person, alleging such a practice.\n (3) Damages.--The powers, remedies, and procedures provided \n in section 1977A of the Revised Statutes of the United States \n (42 U.S.C. 1981a), including the limitations contained in \n subsection (b)(3) of such section 1977A, shall be the powers, \n remedies, and procedures this Act provides to that Board, or \n any person, alleging such a practice (not an employment \n practice specifically excluded from coverage under section \n 1977A(a)(1) of the Revised Statutes of the United States).\n (4) Other applicable provisions.--With respect to a claim \n alleging a practice described in paragraph (1), title III of \n the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et \n seq.) shall apply in the same manner as such title applies with \n respect to a claim alleging a violation of section 201(a)(1) of \n such Act (2 U.S.C. 1311(a)(1)).\n (c) Employees Covered by Chapter 5 of Title 3, United States \nCode.--\n (1) In general.--The powers, remedies, and procedures \n provided in chapter 5 of title 3, United States Code, to the \n President, the Commission, the Merit Systems Protection Board, \n or any person, alleging a violation of section 411(a)(1) of \n that title, shall be the powers, remedies, and procedures this \n Act provides to the President, the Commission, such Board, or \n any person, respectively, alleging an unlawful employment \n practice in violation of this Act against an employee described \n in section 5(3)(C), except as provided in paragraphs (2) and \n (3).\n (2) Costs and fees.--The powers, remedies, and procedures \n provided in subsections (b) and (c) of section 722 of the \n Revised Statutes of the United States (42 U.S.C. 1988) shall be \n the powers, remedies, and procedures this Act provides to the \n President, the Commission, such Board, or any person, alleging \n such a practice.\n (3) Damages.--The powers, remedies, and procedures provided \n in section 1977A of the Revised Statutes of the United States \n (42 U.S.C. 1981a), including the limitations contained in \n subsection (b)(3) of such section 1977A, shall be the powers, \n remedies, and procedures this Act provides to the President, \n the Commission, such Board, or any person, alleging such a \n practice (not an employment practice specifically excluded from \n coverage under section 1977A(a)(1) of the Revised Statutes of \n the United States).\n (d) Employees Covered by Government Employee Rights Act of 1991.--\n (1) In general.--The powers, remedies, and procedures \n provided in sections 302 and 304 of the Government Employee \n Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the \n Commission, or any person, alleging a violation of section \n 302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the \n powers, remedies, and procedures this Act provides to the \n Commission, or any person, respectively, alleging an unlawful \n employment practice in violation of this Act against an \n employee described in section 5(3)(D), except as provided in \n paragraphs (2) and (3).\n (2) Costs and fees.--The powers, remedies, and procedures \n provided in subsections (b) and (c) of section 722 of the \n Revised Statutes of the United States (42 U.S.C. 1988) shall be \n the powers, remedies, and procedures this Act provides to the \n Commission, or any person, alleging such a practice.\n (3) Damages.--The powers, remedies, and procedures provided \n in section 1977A of the Revised Statutes of the United States \n (42 U.S.C. 1981a), including the limitations contained in \n subsection (b)(3) of such section 1977A, shall be the powers, \n remedies, and procedures this Act provides to the Commission, \n or any person, alleging such a practice (not an employment \n practice specifically excluded from coverage under section \n 1977A(a)(1) of the Revised Statutes of the United States).\n (e) Employees Covered by Section 717 of the Civil Rights Act of \n1964.--\n (1) In general.--The powers, remedies, and procedures \n provided in section 717 of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e-16) to the Commission, the Attorney General, the \n Librarian of Congress, or any person, alleging a violation of \n that section shall be the powers, remedies, and procedures this \n Act provides to the Commission, the Attorney General, the \n Librarian of Congress, or any person, respectively, alleging an \n unlawful employment practice in violation of this Act against \n an employee or applicant described in section 5(3)(E), except \n as provided in paragraphs (2) and (3).\n (2) Costs and fees.--The powers, remedies, and procedures \n provided in subsections (b) and (c) of section 722 of the \n Revised Statutes of the United States (42 U.S.C. 1988) shall be \n the powers, remedies, and procedures this Act provides to the \n Commission, the Attorney General, the Librarian of Congress, or \n any person, alleging such a practice.\n (3) Damages.--The powers, remedies, and procedures provided \n in section 1977A of the Revised Statutes of the United States \n (42 U.S.C. 1981a), including the limitations contained in \n subsection (b)(3) of such section 1977A, shall be the powers, \n remedies, and procedures this Act provides to the Commission, \n the Attorney General, the Librarian of Congress, or any person, \n alleging such a practice (not an employment practice \n specifically excluded from coverage under section 1977A(a)(1) \n of the Revised Statutes of the United States).\n (f) Prohibition Against Retaliation.--\n (1) In general.--No person shall discriminate against any \n individual because such individual has opposed any act or \n practice made unlawful by this Act or because such individual \n made a charge, testified, assisted, or participated in any \n manner in an investigation, proceeding, or hearing under this \n Act.\n (2) Prohibition against coercion.--It shall be unlawful to \n coerce, intimidate, threaten, or interfere with any individual \n in the exercise or enjoyment of, or on account of such \n individual having exercised or enjoyed, or on account of such \n individual having aided or encouraged any other individual in \n the exercise or enjoyment of, any right granted or protected by \n this Act.\n (3) Remedy.--The remedies and procedures otherwise provided \n for under this section shall be available to aggrieved \n individuals with respect to violations of this subsection.\n\nSEC. 4. RULEMAKING.\n\n Not later than 2 years after the date of enactment of this Act, the \nCommission shall issue regulations in an accessible format in \naccordance with subchapter II of chapter 5 of title 5, United States \nCode, to carry out this Act. Such regulations shall provide examples of \nreasonable accommodations addressing known limitations related to \npregnancy, childbirth, or related medical conditions that shall be \nprovided to a job applicant or employee affected by such known \nlimitations unless the covered entity can demonstrate that doing so \nwould impose an undue hardship.\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``Commission'' means the Equal Employment \n Opportunity Commission;\n (2) the term ``covered entity''--\n (A) has the meaning given the term ``respondent'' \n in section 701(n) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(n)); and\n (B) includes--\n (i) an employing office, as defined in \n section 101 of the Congressional Accountability \n Act of 1995 (2 U.S.C. 1301) and section 411(c) \n of title 3, United States Code;\n (ii) an entity employing a State employee \n described in section 304(a) of the Government \n Employee Rights Act of 1991 (42 U.S.C. 2000e-\n 16c(a)); and\n (iii) an entity to which section 717(a) of \n the Civil Rights Act of 1964 (42 U.S.C. 2000e-\n 16(a)) applies;\n (3) the term ``employee'' means--\n (A) an employee (including an applicant), as \n defined in section 701(f) of the Civil Rights Act of \n 1964 (42 U.S.C. 2000e(f));\n (B) a covered employee (including an applicant), as \n defined in section 101 of the Congressional \n Accountability Act of 1995 (2 U.S.C. 1301);\n (C) a covered employee (including an applicant), as \n defined in section 411(c) of title 3, United States \n Code;\n (D) a State employee (including an applicant) \n described in section 304(a) of the Government Employee \n Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or\n (E) an employee (including an applicant) to which \n section 717(a) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e-16(a)) applies;\n (4) the term ``person'' has the meaning given such term in \n section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(a)); and\n (5) the terms ``reasonable accommodation'' and ``undue \n hardship'' have the meanings given such terms in section 101 of \n the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) \n and shall be construed as such terms have been construed under \n such Act and as set forth in the regulations required by this \n Act, including with regard to the interactive process that will \n typically be used to determine an appropriate reasonable \n accommodation.\n\nSEC. 6. WAIVER OF STATE IMMUNITY.\n\n A State shall not be immune under the 11th Amendment to the \nConstitution of the United States from an action in a Federal or State \ncourt of competent jurisdiction for a violation of this Act. In any \naction against a State for a violation of the requirements of this Act, \nremedies are available for such a violation to the same extent as such \nremedies are available for such a violation in an action against any \npublic or private entity other than a State.\n\nSEC. 7. RELATIONSHIP TO OTHER LAWS.\n\n Nothing in this Act shall be construed to invalidate or limit the \nremedies, rights, and procedures of any Federal law or law of any State \nor political subdivision of any State or jurisdiction that provides \ngreater or equal protection for workers affected by pregnancy, \nchildbirth, or related medical conditions.","summary":"Pregnant Workers Fairness Act Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation. (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations. (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job. (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations. Or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act.","title":"Pregnant Workers Fairness Act","text_len":16005,"sum_len":1587} {"bill_id":"105_hr3267","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Salton Sea \nReclamation Act of 1998''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\n\n TITLE I--SALTON SEA FEASIBILITY STUDY\n\nSec. 101. Salton Sea Feasibility study authorization.\nSec. 102. Concurrent wildlife resources studies.\nSec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono \n Salton Sea National Wildlife Refuge.\n\n TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER \n AND NEW RIVER\n\nSec. 201. Alamo River and New River irrigation drainage water.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The term ``Committees'' means the Committee on Resources \n and the Committee on Transportation and Infrastructure of the House \n of Representatives and the Committee on Energy and Natural \n Resources and the Committee on Environmental and Public Works of \n the Senate.\n (2) The term ``Salton Sea Authority'' means the Joint Powers \n Authority by that name established under the laws of the State of \n California by a Joint Power Agreement signed on June 2, 1993.\n (3) The term ``Secretary'' means the Secretary of the Interior, \n acting through the Bureau of Reclamation.\n\n TITLE I--SALTON SEA FEASIBILITY STUDY\n\nSEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.\n\n (a) In General.--No later than January 1, 2000, the Secretary, in \naccordance with this section, shall complete all feasibility studies \nand cost analyses for the options set forth in subsection (b)(2)(A) \nnecessary for Congress to fully evaluate such options.\n (b) Feasibility Study.--\n (1) In general.--\n (A) The Secretary shall complete all studies, including, \n but not limited to environmental and other reviews, of the \n feasibility and benefit-cost of various options that permit the \n continued use of the Salton Sea as a reservoir for irrigation \n drainage and: (i) reduce and stabilize the overall salinity of \n the Salton Sea; (ii) stabilize the surface elevation of the \n Salton Sea; (iii) reclaim, in the long term, healthy fish and \n wildlife resources and their habitats; and (iv) enhance the \n potential for recreational uses and economic development of the \n Salton Sea.\n (B) Based solely on whatever information is available at \n the time of submission of the report, the Secretary shall: (i) \n identify any options he deems economically feasible and cost \n effective; (ii) identify any additional information necessary \n to develop construction specifications; and (iii) submit any \n recommendations, along with the results of the study to the \n Committees no later than January 1, 2000.\n (C)(i) The Secretary shall carry out the feasibility study \n in accordance with a memorandum of understanding entered into \n by the Secretary, the Salton Sea Authority, and the Governor of \n California.\n (ii) The memorandum of understanding shall, at a minimum, \n establish criteria for evaluation and selection of options \n under subparagraph (2)(A), including criteria for determining \n benefit and the magnitude and practicability of costs of \n construction, operation, and maintenance of each option \n evaluated.\n (2) Options to be considered.--Options considered in the \n feasibility study--\n (A) shall consist of, but need not be limited to--\n (i) use of impoundments to segregate a portion of the \n waters of the Salton Sea in one or more evaporation ponds \n located in the Salton Sea basin;\n (ii) pumping water out of the Salton Sea;\n (iii) augmented flows of water into the Salton Sea;\n (iv) a combination of the options referred to in \n clauses (i), (ii), and (iii); and\n (v) any other economically feasible remediation option \n the Secretary considers appropriate and for which \n feasibility analyses and cost estimates can be completed by \n January 1, 2000;\n (B) shall be limited to proven technologies; and\n (C) shall not include any option that--\n (i) relies on the importation of any new or additional \n water from the Colorado River; or\n (ii) is inconsistent with the provisions of sub- \n section (c).\n (3) Assumptions.--In evaluating options, the Secretary shall \n apply assumptions regarding water inflows into the Salton Sea Basin \n that encourage water conservation, account for transfers of water \n out of the Salton Sea Basin, and are based on a maximum likely \n reduction in inflows into the Salton Sea Basin which could be \n 800,000 acre-feet or less per year.\n (4) Consideration of costs.--In evaluating the feasibility of \n options, the Secretary shall consider the ability of Federal, \n tribal, State and local government sources and private sources to \n fund capital construction costs and annual operation, maintenance, \n energy, and replacement costs and shall set forth the basis for any \n cost sharing allocations as well as anticipated repayment, if any, \n of Federal contributions.\n (c) Relationship to Other Law.--\n (1) Reclamation laws.--Activities authorized by this Act shall \n not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. \n 391 et seq.), and Acts amendatory thereof and supplemental thereto. \n Amounts expended for those activities shall be considered \n nonreimbursable for purposes of those laws and shall not be \n considered to be a supplemental or additional benefit for purposes \n of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. \n 390aa et seq.).\n (2) Preservation of rights and obligations with respect to the \n colorado river.--This Act shall not be considered to supersede or \n otherwise affect any treaty, law, decree, contract, or agreement \n governing use of water from the Colorado River. All activities \n taken under this Act must be carried out in a manner consistent \n with rights and obligations of persons under those treaties, laws, \n decrees, contracts, and agreements.\n\nSEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.\n\n (a) In General.--The Secretary shall provide for the conduct, \nconcurrently with the feasibility study under section 101(b), of \nstudies of hydrology, wildlife pathology, and toxicology relating to \nwildlife resources of the Salton Sea by Federal and non-Federal \nentities.\n (b) Selection of Topics and Management of Studies.--\n (1) In general.--The Secretary shall establish a committee to \n be known as the ``Salton Sea Research Management Committee''. The \n committee shall select the topics of studies under this section and \n manage those studies.\n (2) Membership.--The committee shall consist of the following \n five members:\n (A) The Secretary.\n (B) The Governor of California.\n (C) The Executive Director of the Salton Sea Authority.\n (D) The Chairman of the Torres Martinez Desert Cahuilla \n Tribal Government.\n (E) The Director of the California Water Resources Center.\n (c) Coordination.--The Secretary shall require that studies under \nthis section are coordinated through the Science Subcommittee which \nreports to the Salton Sea Research Management Committee. In addition to \nthe membership provided for by the Science Subcommittee's charter, \nrepresentatives shall be invited from the University of California, \nRiverside; the University of Redlands; San Diego State University; the \nImperial Valley College; and Los Alamos National Laboratory.\n (d) Peer Review.--The Secretary shall require that studies under \nthis section are subjected to peer review.\n (e) Authorization of Appropriations.--For wildlife resources \nstudies under this section there are authorized to be appropriated to \nthe Secretary, through accounts within the Fish and Wildlife Service, \nexclusively, $5,000,000.\n (f) Advisory Committee Act.--The committee, and its activities, are \nnot subject to the Federal Advisory Commission Act (5 U.S.C. App.).\n\nSEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO \n SALTON SEA NATIONAL WILDLIFE REFUGE.\n\n (a) Refuge Renamed.--The Salton Sea National Wildlife Refuge, \nlocated in Imperial County, California, is hereby renamed and shall be \nknown as the ``Sonny Bono Salton Sea National Wildlife Refuge''.\n (b) References.--Any reference in any statute, rule, regulation, \nExecutive order, publication, map, or paper or other document of the \nUnited States to the Salton Sea National Wildlife Refuge is deemed to \nrefer to the Sonny Bono Salton Sea National Wildlife Refuge.\n\nTITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER \n AND NEW RIVER\n\nSEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER.\n\n (a) River Enhancement.--\n (1) In general.--The Secretary is authorized and directed to \n promptly conduct research and construct river reclamation and \n wetlands projects to improve water quality in the Alamo River and \n New River, Imperial County, California, by treating water in those \n rivers and irrigation drainage water that flows into those rivers.\n (2) Acquisitions.--The Secretary may acquire equipment, real \n property from willing sellers, and interests in real property \n (including site access) from willing sellers as needed to implement \n actions under this section if the State of California, a political \n subdivision of the State, or Desert Wildlife Unlimited has entered \n into an agreement with the Secretary under which the State, \n subdivision, or Desert Wildlife Unlimited, respectively, will, \n effective 1 year after the date that systems for which the \n acquisitions are made are operational and functional--\n (A) accept all right, title, and interest in and to the \n equipment, property, or interests; and\n (B) assume responsibility for operation and maintenance of \n the equipment, property, or interests.\n (3) Transfer of title.--Not later than 1 year after the date a \n system developed under this section is operational and functional, \n the Secretary shall transfer all right, title, and interest of the \n United States in and to all equipment, property, and interests \n acquired for the system in accordance with the applicable agreement \n under paragraph (2).\n (4) Monitoring and other actions.--The Secretary shall \n establish a long-term monitoring program to maximize the \n effectiveness of any wetlands developed under this title and may \n implement other actions to improve the efficacy of actions \n implemented pursuant to this section.\n (b) Cooperation.--The Secretary shall implement subsection (a) in \ncooperation with Desert Wildlife Unlimited, the Imperial Irrigation \nDistrict, California, and other interested persons.\n (c) Federal Water Pollution Control.--Water withdrawn solely for \nthe purpose of a wetlands project to improve water quality under \nsubsection (a)(1), when returned to the Alamo River or New River, shall \nnot be required to meet water quality standards under the Federal Water \nPollution Control Act (33 U.S.C. 1251 et seq.).\n (d) Authorization of Appropriations.--For river reclamation and \nother irrigation drainage water treatment actions under this section, \nthere are authorized to be appropriated to the Secretary $3,000,000.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"TABLE OF CONTENTS: Title I: Salton Sea Feasibility Study Title II: Emergency Action to Improve Water Quality in the Alamo River and New River Salton Sea Reclamation Act of 1998 - Title I: Salton Sea Feasibility Study - Directs the Secretary of the Interior, by January 1, 2000, to complete all feasibility studies and cost analyses with respect to a feasibility study for the reclamation of the Salton Sea, located in Imperial and Riverside Counties, California, which shall include options for achieving salinity reduction and stabilization, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires a report to specified congressional committees containing proposed options and recommendations. Directs the Secretary to carry out the study under a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. Prohibits the inclusion of any option that relies on the importation of any new or additional water from the Colorado River. Preserves all current rights and obligations concerning Colorado River water use. Directs the Secretary to conduct, concurrently with the feasibility study, studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal sources. Directs the Secretary to establish the Salton Sea Research Management Committee to select and manage such studies. Authorizes appropriations. Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge. Title II: Emergency Action to Improve Water Quality in the Alamo River and New River - Authorizes and directs the Secretary to promptly conduct research and construct river reclamation and wetlands projects to improve water quality in the Alamo and New Rivers in Imperial County, California, by treating water in those rivers and irrigation drainage water that flows into those rivers. Directs the Secretary to establish a long-term monitoring program to maximize the effectiveness of any wetlands developed under this Act. Authorizes appropriations.","title":"Salton Sea Reclamation Act of 1998","text_len":12166,"sum_len":2164} {"bill_id":"110_hr5776","text":"SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY.\n\n (a) Short Title.--This Act may be cited as the ``Homeowner \nEmpowerment Act of 2008''.\n (b) Constitutional Authority To Enact This Legislation.--The \nconstitutional authority upon which this Act rests is the power of \nCongress to lay and collect taxes, set forth in article I, section 8 of \nthe United States Constitution.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN DISTRIBUTIONS FROM \n QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting after section \n139A the following new section:\n\n``SEC. 139B. CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED \n FOR MORTGAGE PAYMENTS.\n\n ``(a) In General.--Gross income shall not include a qualified \nmortgage distribution.\n ``(b) Limitation.--Subsection (a) shall not apply to any \ndistribution made in any month to the extent that such distribution \n(when added to all other distributions made in such month which are \ntaken into account under subsection (a) with respect to any individual) \nexceeds $5,000.\n ``(c) Qualified Mortgage Distribution.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified mortgage \n distribution' means any distribution which is made before \n January 1, 2010, from an individual retirement plan, or from \n amounts attributable to employer contributions made pursuant to \n elective deferrals described in subparagraph (A) or (C) of \n section 402(g)(3) or section 501(c)(18)(D)(iii), directly by \n the trustee of the plan to a mortgagee with respect to a \n qualified mortgage of any individual. Such term shall not \n include any distribution to the extent that such distribution \n exceeds the required minimum payment due under the terms of the \n mortgage.\n ``(2) Qualified mortgage.--The term `qualified mortgage' \n means any mortgage which is--\n ``(A) secured by the principal residence (within \n the meaning of section 121) of the mortgagor, and\n ``(B) originated before January 1, 2008.\n ``(d) Requirement To Repay Distributions.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified mortgage \n distribution' shall not include any distribution except to the \n extent that one or more contributions to an individual \n retirement plan of the taxpayer in an aggregate amount equal to \n such distribution are made during the 12-year period beginning \n on the date of such distribution.\n ``(2) Treatment of recontributions.--In the case of any \n contribution to an individual retirement plan taken into \n account under paragraph (1)--\n ``(A) the dollar limitations otherwise applicable \n to contributions to individual retirement plans shall \n not apply to such contribution, and\n ``(B) no deduction shall be allowed for such \n contribution.\n ``(3) Failure to repay.--In the case of a failure to make \n the aggregate amount of contributions described in paragraph \n (1) during the 12-year period described therein with respect to \n any distribution which would (but for paragraph (1)) be a \n qualified mortgage distribution, such distribution shall be \n includible in the gross income of the taxpayer for the taxable \n year in which such 12-year period ends in lieu of the taxable \n year in which the distribution was made.''.\n (b) Waiver of 10 Percent Early Withdrawal Penalty Without Regard to \nRepayment Requirement.--Paragraph (2) of section 72(t) is amended by \nadding at the end the following new subparagraph:\n ``(H) Qualified mortgage distributions.--Any \n qualified mortgage distribution (as defined in section \n 139B, but without regard to subsection (d) thereof).''.\n (c) Conforming Amendments.--\n (1) Section 401(k)(2)(B)(i) of such Code is amended by \n striking ``or'' at the end of subclause (IV), by striking \n ``and'' at the end of subclause (V) and inserting ``or'', and \n by inserting after subclause (V) the following new subclause:\n ``(VI) in the case of a \n distribution to which section 139B(a) \n applies, the date on which such \n distribution is made, and''.\n (2) Section 403(b)(7)(A)(ii) of such Code is amended by \n inserting ``or 139B(a)'' after ``section 72(t)(2)(G)''.\n (3) Section 403(b)(11) of such Code is amended by striking \n ``or'' at the end of subparagraph (B), by striking the period \n at the end of subparagraph (C) and inserting ``, or'', and by \n inserting after subparagraph (C) the following new \n subparagraph:\n ``(D) for distributions to which section 139B(a) \n applies.''.\n (d) Effective Date.--The amendments made by this section shall \napply to distributions made after the date of the enactment of this \nAct.","summary":"Homeowner Empowerment Act of 2008 - Amends the Internal Revenue Code to: (1) exclude from gross income distributions from individual retirement plans and other qualified retirement plans for payments on the mortgage of a taxpayer's principal residence. (2) require repayments of amounts distributed from such retirement plans over a 12-year period. And (3) waive the 10 penalty on premature distributions from retirement plans for distributions used to pay a mortgage.","title":"To amend the Internal Revenue Code of 1986 to exclude from gross income certain distributions from qualified retirement plans used for mortgage payments.","text_len":5372,"sum_len":468} {"bill_id":"110_hr5883","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Export Promotion \nEnhancement Act of 2008''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Purpose.\n TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988\n\nSec. 101. Establishment and purpose.\nSec. 102. Duties.\nSec. 103. Strategic plan.\nSec. 104. Director and Associate Directors.\nSec. 105. Staff; experts and consultants.\nSec. 106. Advisory Board on Trade Promotion.\nSec. 107. Report to Congress.\nSec. 108. Report on export policy.\nSec. 109. Authorization of appropriations.\nSec. 110. Clerical amendment.\nSec. 111. Effective date.\n TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES\n\nSec. 201. Conforming amendments to other laws.\nSec. 202. References.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) As the world's largest economy, the United States has \n an enormous stake in the future of the global trading system.\n (2) Exports are a crucial force driving the United States \n economy and job creation.\n (3) While nearly 97 percent of United States exporters are \n small and medium enterprises (SMEs), SMEs account for just over \n one-fourth of exports, leaving much room for growth.\n (4) Two-thirds of United States exporters have fewer than \n 20 employees and sell to just one foreign market.\n (5) Manufacturers account for 61 percent of total United \n States exports with small manufacturers accounting for \n approximately 15 percent of total United States exports. Thirty \n percent of small manufacturers do not currently export but \n would consider doing so if they had more help in securing vital \n information on foreign markets, customers, and export \n procedures.\n (6) United States small and medium enterprises face tough \n competition from trading partners of the United States that \n aggressively undertake export promotion programs that directly \n support and underwrite the expanded growth in trade of their \n small and medium enterprises.\n (7) United States trade promotion is carried out in part by \n 21 departments and agencies of the Federal Government. \n Representatives from these Federal departments and agencies are \n members of the Trade Promotion Coordinating Committee (TPCC), a \n Federal committee that has not lived up to congressional intent \n to provide a seamless offering of export promotion products and \n services due in part to the inadequate allocation of resources \n and a lack of ultimate decision making budget input authority \n to ensure effective results are achieved for the invested \n resources.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act and the amendments made by this Act is to \nimprove the performance and results of trade promotion policies and \nprograms of the Federal Government in accordance with the Government \nPerformance and Results Act of 1993 (Public Law 103-62).\n\n TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988\n\nSEC. 101. ESTABLISHMENT AND PURPOSE.\n\n Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) \nis amended--\n (1) in subsection (a)--\n (A) in the matter preceding paragraph (1)--\n (i) by inserting ``in the Executive Office \n of the President'' after ``shall establish'';\n (ii) by striking ``Trade Promotion \n Coordinating Committee'' and inserting ``Office \n of Trade Promotion''; and\n (iii) by striking ``TPCC'' each place it \n appears and inserting ``Office'';\n (B) in paragraph (1), by inserting ``and oversee'' \n after ``to coordinate''; and\n (C) in paragraph (2), by inserting ``and supervise \n implementation of'' after ``to develop''; and\n (2) in subsections (b) through (f), by striking ``TPCC'' \n each place it appears and inserting ``Office''.\n\nSEC. 102. DUTIES.\n\n Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. \n4727(b)) is amended--\n (1) by redesignating paragraphs (1) through (6) as \n paragraphs (2) through (7), respectively;\n (2) by inserting before paragraph (2) (as redesignated) the \n following new paragraph:\n ``(1) advise the President, and others within the Executive \n Office of the President, on matters relating to trade promotion \n policies and programs of the United States Government;''.\n (3) in paragraph (2) (as redesignated), by striking \n ``coordinate'' and inserting ``supervise'';\n (4) in paragraph (4) (as redesignated)--\n (A) in the matter preceding subparagraph (A)--\n (i) by inserting ``and attainment of \n measurable results'' after ``better delivery of \n services''; and\n (ii) by inserting ``with emphasis on small \n and medium enterprises'' after ``United States \n businesses''; and\n (B) in subparagraph (C), by adding at the end \n before the semicolon the following: ``, including \n assistance to match United States businesses with \n foreign businesses, as appropriate'';\n (5) in paragraph (5) (as redesignated), by inserting ``and \n enhance the effectiveness of'' after ``prevent unnecessary \n duplication in''; and\n (6) in paragraph (6) (as redesignated) to read as follows:\n ``(6) review and make input on the appropriate levels and \n allocation of resources among agencies in support of export \n promotion and export financing and advise the President as to \n the concurrence in these allocations based on its review; \n and''.\n\nSEC. 103. STRATEGIC PLAN.\n\n Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. \n4727(c)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``and explain'' and inserting ``, \n explain''; and\n (B) by adding at the end before the semicolon the \n following: ``, and detail the benchmarks for the \n implementation of the priorities'';\n (2) in paragraph (2), by inserting ``and effectiveness'' \n after ``to improve coordination''; and\n (3) in paragraph (4)--\n (A) by striking ``propose to the President an \n annual'' and inserting ``include in the annual Federal \n budget submission to Congress a detailed'';\n (B) by striking ``that supports'' and inserting \n ``and oversee its implementation so it supports''; and\n (C) by adding ``and'' after the semicolon;\n (4) in paragraph (5), by striking ``; and'' and inserting a \n period; and\n (5) by striking paragraph (6).\n\nSEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS.\n\n Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) \nis amended by striking subsection (d) and inserting the following new \nsubsection:\n ``(d) Director and Associate Directors.--\n ``(1) Director.--There shall be at the head of the Office a \n Director of the Office of Trade Promotion, who shall--\n ``(A) be appointed by the President, by and with \n the advice and consent of the Senate; and\n ``(B) be compensated at a rate consistent with the \n compensation of the directors of other offices within \n the Executive Office of the President.\n ``(2) Associate directors.--The President may appoint not \n more than two Associate Directors of the Office of Trade \n Promotion, by and with the advice and consent of the Senate, \n who shall each--\n ``(A) be compensated at a rate not to exceed the \n rate provided for other associate directors of offices \n within the Executive Office of the President; and\n ``(B) perform such functions as the Director may \n prescribe.''.\n\nSEC. 105. STAFF; EXPERTS AND CONSULTANTS.\n\n Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) \nis amended by striking subsection (e) and inserting the following new \nsubsection:\n ``(e) Staff; Experts and Consultants.--\n ``(1) Staff.--\n ``(A) In general.--The Director of the Office may \n appoint and fix the pay of additional personnel as the \n Director considers appropriate.\n ``(B) Staff of federal agencies.--Upon request of \n the Director, the head of any Federal department or \n agency that is represented on the Advisory Board on \n Trade Promotion established pursuant to subsection (f) \n may detail any of the personnel of that department or \n agency to the Office to assist it in carrying out its \n duties under this section.\n ``(2) Experts and consultants.--The Director of the Office \n may procure temporary and intermittent services under section \n 3109(b) of title 5, United States Code, but at rates for \n individuals not to exceed the daily equivalent of the maximum \n annual rate of basic pay for GS-15 of the General Schedule.''.\n\nSEC. 106. ADVISORY BOARD ON TRADE PROMOTION.\n\n (a) Advisory Board on Trade Promotion.--Section 2312 of the Export \nEnhancement Act of 1988 (15 U.S.C. 4727) is amended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) Advisory Board on Trade Promotion.--\n ``(1) Establishment and purpose.--The President shall \n establish the Advisory Board on Trade Promotion (hereafter in \n this subsection referred to as the `Advisory Board'). The \n purpose of the Advisory Board shall be to advise the Director \n of the Office in carrying out the duties of the Office under \n this section and section 6 of the Export Enhancement Act of \n 1999 (15 U.S.C. 4727a).\n ``(2) Membership.--\n ``(A) In general.--Members of the Advisory Board \n shall include representatives from--\n ``(i) the Department of Agriculture;\n ``(ii) the Department of Commerce;\n ``(iii) the Department of Defense;\n ``(iv) the Department of Energy;\n ``(v) the Department of the Interior;\n ``(vi) the Department of Labor;\n ``(vii) the Department of State;\n ``(viii) the Department of Transportation;\n ``(ix) the Department of the Treasury;\n ``(x) the Environmental Protection Agency;\n ``(xi) the Export-Import Bank of the United \n States;\n ``(xii) the United States Agency for \n International Development;\n ``(xiii) the Millennium Challenge \n Corporation;\n ``(xiv) the Office of Management and \n Budget;\n ``(xv) the Overseas Private Investment \n Corporation;\n ``(xvi) the Small Business Administration;\n ``(xvii) the Trade and Development Agency;\n ``(xviii) the Office of the United States \n Trade Representative; and\n ``(xix) at the discretion of the President, \n such other departments or agencies as may be \n necessary.\n ``(B) Chairperson.--The Secretary of Commerce shall \n serve as the chairperson of the Advisory Board.\n ``(3) Member qualifications.--Members of the Advisory Board \n shall be appointed by the heads of their respective departments \n or agencies. Such members, as well as alternates designated by \n any members unable to attend a meeting of the Advisory Board, \n shall be individuals who exercise significant decisionmaking \n authority in their respective departments or agencies.''.\n (b) Environmental Trade Promotion.--\n (1) Environmental trade working group.--Section 2313(b) of \n the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is \n amended--\n (A) in the heading, by striking ``Trade Promotion \n Coordination Committee'' and inserting ``Advisory Board \n on Trade Promotion'';\n (B) in paragraph (1)--\n (i) by striking ``Trade Promotion \n Coordination Committee'' and inserting \n ``Advisory Board on Trade Promotion''; and\n (ii) by striking ``TPCC'' and inserting \n ``Advisory Board'';\n (C) in paragraph (2)(A), by striking ``TPCC'' and \n inserting ``Advisory Board''; and\n (D) in paragraph (4) to read as follows:\n ``(4) Report to congress.--The chairperson of the Advisory \n Board shall submit to the Director of the Office of Trade \n Promotion a report on the activities of the Working Group to be \n included in the annual report submitted to Congress by the \n Director of the Office pursuant to section 2312(g).''.\n (2) Environmental technologies trade advisory committee.--\n Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 \n U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and \n inserting ``Advisory Board''.\n (3) International regional environmental initiatives.--\n Section 2313(h) of the Export Enhancement Act of 1988 (15 \n U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it \n appears and inserting ``Office of Trade Promotion''.\n\nSEC. 107. REPORT TO CONGRESS.\n\n (a) Report to Congress.--Section 2312(g) of the Export Enhancement \nAct of 1988 (as redesignated by section 106(a)(1) of this title) is \namended to read as follows:\n ``(g) Report to Congress.--\n ``(1) In general.--The Director of the Office shall prepare \n and submit to the appropriate congressional committees an \n annual report that describes the strategic plan developed by \n the Office pursuant to subsection (c), the implementation of \n the plan and any revisions thereto, and the extent to which \n funding for the plan is appropriate.\n ``(2) Definition.--In this subsection, the term \n `appropriate congressional committees' means--\n ``(A) the Committee on Banking, Housing, and Urban \n Affairs of the Senate; and\n ``(B) the Committee on Foreign Affairs of the House \n of Representatives.''.\n\nSEC. 108. REPORT ON EXPORT POLICY.\n\n Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 \nU.S.C. 4729(b)(1)(B)) is amended to read as follows:\n ``(B) the report of the Director of the Office of \n Trade Promotion that contains the strategic plan \n submitted to Congress in accordance with section \n 2312(g);''.\n\nSEC. 109. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. \n4727), as amended by this title, is further amended by adding at the \nend the following new subsection:\n ``(h) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n to carry out this section and section 2313, section 6 of the \n Export Enhancement Act of 1999, and section 304 of the FREEDOM \n Support Act such sums as may be necessary for fiscal year 2008 \n and each subsequent fiscal year.\n ``(2) Availability.--Amounts appropriated pursuant to the \n authorization of appropriations under paragraph (1) are \n authorized to remain available until expended.''.\n\nSEC. 110. CLERICAL AMENDMENT.\n\n Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. \n4727(a)) is amended in the heading by striking ``trade promotion \ncoordinating committee'' and inserting ``office of trade promotion''.\n\nSEC. 111. EFFECTIVE DATE.\n\n The President shall establish the Office of Trade Promotion and the \nAdvisory Board on Trade Promotion pursuant to section 2312 of the \nExport Enhancement Act of 1988 (as amended by this title) not later \nthan 180 days after the date of the enactment of this Act.\n\n TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES\n\nSEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS.\n\n (a) Export Enhancement Act of 1999.--The Export Enhancement Act of \n1999 is amended--\n (1) in section 6 (15 U.S.C. 1547a)--\n (A) in the heading, by striking ``tpcc'' and \n inserting ``the office of trade promotion'';\n (B) in the matter preceding paragraph (1), by \n striking ``Trade Promotion Coordinating Committee'' and \n inserting ``Office of Trade Promotion''; and\n (C) in paragraph (3), by striking ``inclding'' and \n inserting ``including''; and\n (2) in the heading of section 7, by striking ``tpcc \n reports'' and inserting ``reports of the office of trade \n promotion''.\n (b) FREEDOM Support Act.--The FREEDOM Support Act is amended--\n (1) in section 303(b) (22 U.S.C. 5823(b)), by striking \n ``Chair of the Trade Promotion Coordinating Committee'' and \n inserting ``Director of the Office of Trade Promotion'';\n (2) in section 304 (22 U.S.C. 5824)--\n (A) in the heading, by striking ``trade promotion \n coordinating committee'' and inserting ``office of \n trade promotion''; and\n (B) in the matter preceding paragraph (1), by \n striking ``Trade Promotion Coordinating Committee'' and \n inserting ``Office of Trade Promotion''; and\n (3) by amending the item relating to section 304 of the \n table of contents to read as follows:\n\n``Sec. 304. Interagency working group on energy of the Office of Trade \n Promotion.''.\n (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the \nExport-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by \nstriking ``Trade Promotion Coordinating Committee'' and inserting \n``Office of Trade Promotion''.\n\nSEC. 202. REFERENCES.\n\n Any reference in a law, regulation, document, or other record of \nthe United States to the Trade Promotion Coordinating Committee or TPCC \nshall be deemed to be a reference to the Office of Trade Promotion.","summary":"Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the US Government. Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors. Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director.","title":"To amend the Export Enhancement Act of 1988 to establish the Office of Trade Promotion in the Executive Office of the President, and for other purposes.","text_len":19770,"sum_len":684} {"bill_id":"108_s1085","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reclamation Rural and Small \nCommunity Water Enhancement Act''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Federal reclamation laws.--The term ``Federal \n reclamation laws'' means the Reclamation Act and Acts \n amendatory thereof and supplementary thereto;\n (2) Regional rural water supply system.--The term \n ``regional rural water supply system'' means a water supply \n system that serves multiple towns or communities in a rural \n area (including Indian reservations) where such towns or \n communities have a population not exceeding 40,000 persons.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. GENERAL AUTHORITY.\n\n (a) In General.--The Secretary, acting pursuant to the \n Federal reclamation laws, is directed to undertake a program to \n investigate and identify opportunities to ensure safe and \n adequate regional rural water supply systems for municipal and \n industrial use in small communities and rural areas through the \n construction of new regional rural water supply systems and the \n enhancement of existing rural water supply systems.\n (b) Exception.--\n (1) In conducting the investigations and studies authorized \n by this Act, the Secretary may include a town or community with \n a population in excess of 40,000 persons if, in the Secretary's \n discretion, such town or community is considered to be a \n critical partner in the proposed regional rural water supply \n system.\n (2) In conducting a feasibility study of a regional rural \n water supply system that includes a community with a population \n in excess of 40,000 persons, the Secretary may consider a non-\n federal cost share in excess of the percentage set forth in \n sections 6(a) and 6(b)(5).\n (c) Limitation.--Such program shall be limited to the States and \nareas referred to in section 1 of the Reclamation Act of 1902 (Act of \nJune 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands \nwithin the external boundaries of such States and areas.\n (d) Agreements.--The Secretary is authorized to enter into such \nagreements and promulgate such regulations as may be necessary to carry \nout the purposes and provisions of this Act.\n\nSEC. 4. COORDINATION AND PLANNING.\n\n (a) Coordination.--\n (1) Consultation.--In undertaking this program, the \n Secretary shall consult and coordinate with the Secretary of \n Agriculture, the Administrator of the Environmental Protection \n Agency, and the Director of the Indian Health Service, in order \n to develop criteria to ensure that the program does not \n duplicate, but instead complements, activities undertaken \n pursuant to the authorities administered by such agency heads.\n (2) Report on authorities.--Within one year after the date \n of enactment of this Act, the Secretary shall submit to the \n Committee on Energy and Natural Resources of the Senate and the \n Committee on Resources of the House of Representatives, a \n report setting forth the results of the consultation required \n in paragraph (1) and criteria developed pursuant to such \n consultation.\n (b) Report and Action on Authorized Projects.--\n (1) Within one year after the date of enactment of this \n Act, the Secretary shall submit to the Committee on Energy and \n Natural Resources of the Senate and the Committee on Resources \n of the House of Representatives a report setting forth--\n (A) the status of all rural water projects within \n the jurisdiction of the Secretary authorized prior to \n the date of enactment of this Act; and\n (B) the Secretary's plan, including projected \n financial and workforce requirements, for the \n completion of the rural water projects within the time \n frames set forth in the public laws authorizing the \n projects or the final engineering reports submitted \n pursuant thereto.\n (2) The Secretary shall take all necessary steps to \n complete the projects within the time frames identified in \n subsection (1)(B).\n\nSEC. 5. APPRAISAL INVESTIGATIONS.\n\n (a) Appraisal Investigations.--Based on evidence of local interest \nand upon the request of a local sponsor, the Secretary may undertake \nappraisal investigations to identify opportunities for the construction \nof regional rural water supply systems and the enhancement of existing \nrural water supply systems for small communities and rural areas. Each \nsuch investigation shall include recommendations as to the preparation \nof a feasibility study of the potential system or system enhancement.\n (b) Considerations.--Appraisal investigations undertaken pursuant \nto this Act shall consider, among other things--\n (1) whether an established water supply exists for the \n proposed regional rural water supply system;\n (2) the need for the regional rural water supply system or \n for enhancements to an existing rural water system, including \n but not limited to, alternative water supply opportunities and \n projected demand for water supply;\n (3) environmental considerations relating to the regional \n rural water supply system or rural water system enhancement;\n (4) public health and safety considerations relating to the \n regional rural water supply system or rural water system \n enhancement;\n (5) Indian trust responsibility considerations relating to \n the regional rural water supply system or rural water system \n enhancement; and\n (6) the availability of other Federal authorities or \n programs to address the water supply needs identified.\n (c) Consultation and Cooperation.--The Secretary shall consult and \ncooperate with appropriate Federal, state, tribal, regional, and local \nauthorities during the conduct of each appraisal investigation \nconducted pursuant to this Act.\n (d) Costs Nonreimbursable.--The costs of such appraisal \ninvestigations shall be nonreimbursable.\n (e) Public Availability.--The Secretary shall make available to the \npublic, upon request, the results of each appraisal investigation \nundertaken pursuant to this Act, and shall promptly publish in the \nFederal Register a notice of the availability of those results.\n\nSEC. 6. FEASIBILITY STUDIES.\n\n (a) Feasibility Studies.--The Secretary is authorized to \nparticipate with appropriate Federal, state, tribal, regional, and \nlocal authorities in studies to determine the feasibility of regional \nrural water supply systems and rural water supply system enhancements \nwhere an appraisal investigation so warrants. The Federal share of the \ncosts of such feasibility studies shall not exceed 50 percent of the \ntotal, except that the Secretary may increase the Federal share of the \ncosts of such feasibility study if the Secretary determines, based upon \na demonstration of financial hardship, that the non-Federal participant \nis unable to contribute at least 50 percent of the costs of such study. \nThe Secretary may accept as part of the non-Federal cost share the \ncontribution of such in-kind services by the non-Federal participant \nthat the Secretary determines will contribute substantially toward the \nconduct and completion of the study.\n (b) Considerations.--In addition to the requirements of other \nFederal laws, feasibility studies authorized under this Act shall \nconsider, among other things--\n (1) whether an established water supply exists for the \n proposed regional rural water supply system;\n (2) near- and long-term water demand and supplies in the \n study area including any opportunities to treat and utilize \n impaired water supplies through innovative and economically \n viable treatment technologies;\n (3) public health and safety and environmental quality \n issues related to the regional rural water supply system or \n rural water system enhancement;\n (4) opportunities for water conservation in the study area \n to reduce water use and water system costs;\n (5) the construction costs and projected operation and \n maintenance costs of the proposed regional rural water supply \n system and an assessment of participating communities' ability \n to pay 20 percent to 50 percent of the construction costs and \n the full share of the system operation and maintenance costs;\n (6) opportunities for mitigation of fish and wildlife \n losses incurred as a result of the construction of the regional \n rural water supply system or rural water system enhancement on \n an acre-for-acre basis, based on ecological equivalency, \n concurrent with system construction; and\n (7) the extent to which assistance for rural water supply \n is available pursuant to other Federal authorities and the \n likely effectiveness of efforts to coordinate assistance \n provided by the Secretary with other available Federal programs \n and assistance.\n (c) Use of Other Reports.--In conducting a feasibility study \npursuant to this section, or an appraisal investigation under section \n5, the Secretary shall, to the maximum extent practicable, utilize, in \nwhole or in part, any engineering or other relevant report submitted by \na state, tribal, regional, or local authority associated with the \nproposed regional rural water supply system.\n (d) Public Availability.--The Secretary shall make available to the \npublic, upon request, the results of each feasibility study undertaken \npursuant to this Act, and shall promptly publish in the Federal \nRegister a notice of the availability of those results.\n (e) Disclaimer.--Nothing contained in this section shall be \ninterpreted as requiring a feasibility study or imposing any other new \nrequirement for rural water projects or programs that are already \nauthorized.\n\nSEC. 7. AUTHORIZATION.\n\n There are hereby authorized to be appropriated such sums as may be \nnecessary to carry out the provisions of this Act.","summary":"Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames. And (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas. And (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.","title":"A bill to provide for a Bureau of Reclamation program to assist states and local communities in evaluating and developing rural and small community water supply systems, and for other purposes.","text_len":10584,"sum_len":1245} {"bill_id":"114_hr4207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Fair Drug Pricing Act of \n2015''.\n\nSEC. 2. REQUIREMENT TO DETERMINE LOWER COVERED PART D DRUG PRICES FOR \n CERTAIN COVERED PART D DRUGS.\n\n (a) In General.--Section 1860D-11(i) of the Social Security Act (42 \nU.S.C. 1395w-111(i)) is amended--\n (1) by striking ``(i) Noninterference.--In'' and inserting \n the following:\n ``(i) Noninterference.--\n ``(1) In general.--In'';\n (2) by inserting ``subject to paragraph (2),'' after \n ``part,''; and\n (3) by adding at the end the following new paragraph:\n ``(2) Exception for specified drugs.--\n ``(A) Requirement.--\n ``(i) In general.--Notwithstanding \n paragraph (1), the part D price for specified \n drugs shall be determined in accordance with \n the process described in subparagraph (B).\n ``(ii) Specified drugs.--For purposes of \n this paragraph, the term `specified drug' means \n a covered part D drug--\n ``(I) that is--\n ``(aa) a single source drug \n or biological;\n ``(bb) not a biological \n product licensed pursuant to an \n application under section \n 351(k) of the Public Health \n Service Act; and\n ``(cc) not both \n manufactured by more than two \n drug manufacturers and \n manufactured by at least one \n such manufacturer as a generic \n drug; or\n ``(II) that--\n ``(aa) is selected by the \n Secretary for purposes of this \n paragraph; and\n ``(bb) the Secretary \n determines is a covered part D \n drug with respect to which \n there is limited ability for \n PDP sponsors and MA \n organizations to negotiate \n manufacturer rebates, such that \n the Secretary determines that \n the failure to apply this \n paragraph will have a \n significant fiscal impact on \n the program under this title.\n ``(iii) Part d price defined.--For purposes \n of this paragraph, the term `part D price' \n means, with respect to a covered part D drug, \n the price (including discounts, rebates, and \n other price concessions) that may be charged to \n PDP sponsors and MA organizations for such drug \n for part D eligible individuals who are \n enrolled under a prescription drug plan or \n under an MA-PD plan.\n ``(iv) Regulations for identification of \n specified drugs.--The Secretary, not later than \n one year after the date of the enactment of \n this paragraph, shall promulgate regulations \n regarding the identification of single source \n drugs and biologicals as specified drugs.\n ``(v) Process to petition that drug is no \n longer a specified drug.--The Secretary shall \n establish a process under which a manufacturer \n for a specified drug may petition the Secretary \n for the rescinding of a previous identification \n of a drug as a specified drug under clause (ii) \n based upon the drug involved no longer being a \n specified drug.\n ``(B) Price determination process.--For purposes of \n subparagraph (A), the process described in this \n subparagraph, with respect to the part D price for a \n specified drug for a plan year, is the following:\n ``(i) Limited period for negotiation for \n first plan year.--\n ``(I) In general.--The Secretary \n shall negotiate such price with the \n drug manufacturer involved for a period \n of not more than 90 days beginning on \n the date of identification of the drug \n as a specified drug for such plan year \n by the Secretary.\n ``(II) Successful negotiations.--In \n the case that such negotiation with \n respect to such 90-day period results \n in a price that is agreed to by both \n the Secretary and manufacturer, such \n price shall be the maximum part D price \n for such specified drug through the end \n of the plan year beginning after such \n period.\n ``(ii) Secretary sets price for first plan \n year in case of failure to negotiate price.--In \n the case that negotiations under clause (i), \n with respect to a specified drug, do not result \n in a price for such specified drug that is so \n agreed to by the Secretary and drug \n manufacturer, the Secretary shall determine a \n price for such drug based on--\n ``(I) the information provided to \n the Secretary by the drug manufacturer \n during the 90-day period described in \n clause (i)(I) regarding costs \n associated with such drug that are \n applicable with respect to such drug \n manufacturer;\n ``(II) in the case that payment is \n made for such drug by the Department of \n Veterans Affairs or under title XIX, \n the net priced paid for such drug by \n such Department or under such title, as \n applicable;\n ``(III) ensuring affordability of \n such drug, and accessibility to such \n drug, for individuals entitled to \n benefits under part A or enrolled under \n part B; and\n ``(IV) such other factors as the \n Secretary determines appropriate.\n The price determined under this clause shall be \n the maximum part D price for such specified \n drug through the end of the plan year beginning \n after such determination of such price.\n ``(iii) Price in subsequent plan years.--\n For each plan year that is subsequent to the \n plan year for which a price is determined for a \n specified drug under clause (i) or (ii) and in \n which, on the first day of such subsequent plan \n year, the identification of such drug as a \n specified drug still applies, the maximum price \n for such drug shall be the maximum part D price \n for the previous year determined under clause \n (i) or (ii), as applicable, increased by the \n percentage increase in the consumer price index \n for all urban consumers (all items; U.S. city \n average) for the 12-month period ending with \n June of the year before such subsequent plan \n year.\n ``(iv) Consultation.--In determining a \n price for a specified drug under clause (ii), \n the Secretary may consult with the Comptroller \n General, the Medicare Payment Advisory \n Commission, the Medicaid and CHIP Payment and \n Access Commission, or other outside, \n independent experts.\n ``(C) No change in rules for formularies.--\n ``(i) In general.--Nothing in subparagraph \n (A) or (B) shall be construed to authorize the \n Secretary to establish or require a particular \n formulary.\n ``(ii) Construction.--Clause (i) shall not \n be construed as affecting the Secretary's \n authority to ensure appropriate and adequate \n access to covered part D drugs under \n prescription drug plans and under MA-PD plans, \n including compliance of such plans with \n formulary requirements under section 1860D-\n 4(b)(3).\n ``(D) Construction.--Nothing in this paragraph \n shall be construed as--\n ``(i) preventing the sponsor of a \n prescription drug plan, or an organization \n offering an MA-PD plan, from obtaining a \n discount or reduction of the price for a \n covered part D drug described in subparagraph \n (A) below the price negotiated under such \n subparagraph or determined under subparagraph \n (B); or\n ``(ii) permitting the Secretary to make \n proprietary data available to the public.\n ``(E) Definitions.--In this paragraph:\n ``(i) Drug manufacturer.--The term `drug \n manufacturer' has the meaning given the term \n `manufacturer' in section 1860D-14A(g)(5).\n ``(ii) Single source drug or biological.--\n The term `single source drug or biological' has \n the meaning given such term in section \n 1847A(c)(6)(D).''.\n (b) Requiring Participation in Negotiation Process as Condition of \nPart D Drug Coverage.--Section 1860D-14A(b) of the Social Security Act \n(42 U.S.C. 1395w-114a(b)) is amended by adding at the end the following \nnew paragraph:\n ``(5) Participation in negotiation process.--Each agreement \n under this subsection shall include, with respect to plans \n years beginning with plan year 2017, an agreement by the \n manufacturer, with respect to each specified drug of such \n manufacturer under section 1860d-11(i)(2), to participate in \n the negotiation process under such section for such drug, \n including accepting the price resulting from the negotiation \n (or, in the case that such negotiation does not result in a \n price for such drug that is agreed to by the Secretary and the \n manufacturer, the price resulting from the application of \n subparagraph (B)(ii) of such section) as the maximum price for \n such drug for the period provided under such section.''.\n\nSEC. 3. STUDY AND REPORT.\n\n (a) Study.--The Secretary of Health and Human Services shall \nconduct a study examining--\n (1) the impact of the amendments made by section 2 on--\n (A) the cost of single source drugs and biologicals \n (as defined in section 1847A(c)(6)(D) of the Social \n Security Act (42 U.S.C. 1395w-3a(c)(6)(D))) for which \n payment is made under part B of title XVIII of such \n Act; and\n (B) the accessibility of such drugs and biologicals \n for individuals entitled to benefits under part A of \n such title or enrolled under part B of such title; and\n (2) options that would permit or require the Secretary to \n create and implement, not later than one year after the date of \n the report described in subsection (b)--\n (A) a method to apply to such single source drugs \n and biologicals for which the Secretary determines \n appropriate--\n (i) an authority similar to the authority \n granted to the Secretary under subparagraph (A) \n of section 1860D-11(i)(2) of such Act (relating \n to negotiating with drug manufacturers the part \n D prices for certain specified drugs); and\n (ii) a negotiation process similar to the \n process under subparagraph (B) of such section; \n and\n (B) a method, such as a rebate program, to \n incorporate the rate negotiated for such drugs and \n biologicals pursuant to the authority described in \n subparagraph (A) into payments for such drugs and \n biologicals under part B of such Act.\n (b) Report.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nsubmit a report to Congress on the results of the study conducted under \nsubsection (a). Such report shall include recommendations regarding the \noptions examined pursuant to paragraph (2) of such subsection.","summary":"Medicare Fair Drug Pricing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare amp. Medicaid Services (CMS) to negotiate with drug manufacturers in determining the price that may be charged for prescription drugs under the Medicare prescription drug benefit. Under current law, CMS may not interfere with negotiations between drug manufacturers and prescription drug plan (PDP) sponsors. The bill creates an exception to this prohibition with respect to specified drugs that: (1) are single-source or biological, (2) are not both manufactured by more than two drug manufacturersnbsp. And manufactured by at least one manufacturer as a generic drug, and (3) meet other specified requirements. CMS must promulgate regulations regarding the identification of such drugs. With respect tonbsp. These drugs, CMS shall negotiate the price that may be charged to PDP sponsors and Medicare Advantage (MA) organizations for Medicare and MA enrollees. The bill establishes processes for negotiation and price determination in the initial plan year and subsequent plan years. A manufacturer must participate in the negotiation process as a condition of coverage under the Medicare prescription drug benefit.","title":"Medicare Fair Drug Pricing Act of 2015","text_len":15254,"sum_len":1258} {"bill_id":"110_hr1567","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of \n2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Tuberculosis is one of the greatest infectious causes \n of death of adults worldwide, killing 1.6 million people per \n year--one person every 20 seconds.\n (2) One-third of the world's population is infected with \n the tuberculosis bacterium and an estimated 8.8 million \n individuals develop active tuberculosis each year.\n (3) Tuberculosis is the leading infectious killer among \n individuals who are HIV-positive due to their weakened immune \n systems, and it is estimated that one-third of people with HIV \n infection have tuberculosis.\n (4) Today, tuberculosis is a leading killer of women of \n reproductive age.\n (5) There are 22 countries that account for 80 percent of \n the world's burden of tuberculosis. The People's Republic of \n China and India account for 36 percent of all estimated new \n tuberculosis cases each year.\n (6) Driven by the HIV\/AIDS pandemic, incidence rates of \n tuberculosis in Africa have more than doubled on average since \n 1990. The problem is so pervasive that in August 2005, African \n Health Ministers and the World Health Organization (WHO) \n declared tuberculosis to be an emergency in Africa.\n (7) The wide extent of drug resistance, including both \n multi-drug resistant tuberculosis (MDR-TB) and extensively drug \n resistant tuberculosis (XDR-TB), represents both a critical \n challenge to the global control of tuberculosis and a serious \n worldwide public health threat. XDR-TB, which is characterized \n as being MDR-TB with additional resistance to multiple second-\n line anti-tuberculosis drugs, is associated with worst \n treatment outcomes of any form of tuberculosis. XDR-TB is \n converging with the HIV epidemic, undermining gains in HIV \n prevention and treatment programs and requires urgent \n interventions. Drug resistance surveillance reports have \n confirmed the serious scale and spread of tuberculosis with \n XDR-TB strains confirmed on six continents. Demonstrating the \n lethality of XDR-TB, an initial outbreak in Tugela Ferry, South \n Africa, in 2006 killed 52 of 53 patients with hundreds more \n cases reported since that time. Of the world's regions, sub-\n Saharan Africa, faces the greatest gap in capacity to prevent, \n find, and treat XDR-TB.\n (8) With more than 50 percent of tuberculosis cases in the \n United States attributable to foreign-born individuals and with \n the increase in international travel, commerce, and migration, \n elimination of tuberculosis in the United States depends on \n efforts to control the disease in developing countries. Recent \n research has shown that to invest in tuberculosis control \n abroad, where treatment and program costs are significantly \n cheaper than in the United States, would be a cost-effective \n strategy to reduce tuberculosis-related morbidity and mortality \n domestically.\n (9) The threat that tuberculosis poses for Americans \n derives from the global spread of tuberculosis and the \n emergence and spread of strains of multi-drug resistant \n tuberculosis and extensively drug resistant tuberculosis, which \n are far more deadly, and more difficult and costly to treat.\n (10) DOTS (Directly Observed Treatment Short-course) is one \n of the most cost-effective health interventions available today \n and is a core component of the new Stop TB Strategy.\n (11) The Stop TB Strategy, developed by the World Health \n Organization, builds on the success of DOTS and ongoing \n challenges so as to serve all those in need and reach targets \n for prevalence, mortality, and incidence reduction. The Stop TB \n Strategy includes six components:\n (A) Pursuing high-quality expansion and enhancement \n of DOTS coverage.\n (B) Implementing tuberculosis and HIV collaborative \n activities, preventing and controlling multi-drug \n resistant tuberculosis, and addressing other special \n challenges.\n (C) Contributing to the strengthening of health \n systems.\n (D) Engaging all health care providers, including \n promotion of the International Standards for \n Tuberculosis Care.\n (E) Empowering individuals with tuberculosis and \n communities.\n (F) Enabling and promoting research to develop new \n diagnostics, drugs, vaccines, and program-based \n operational research relating to tuberculosis.\n (12) The Global Plan to Stop TB 2006-2015: Actions for Life \n is a comprehensive plan developed by the Stop TB Partnership \n that sets out the actions necessary to achieve the millennium \n development goal of cutting tuberculosis deaths and disease \n burden in half by 2015 and thus eliminate tuberculosis as a \n global health problem by 2050.\n (13) While innovations such as the Global Tuberculosis Drug \n Facility have enabled low-income countries to treat a standard \n case of tuberculosis with drugs that cost as little as $16 for \n a full course of treatment, there are still millions of \n individuals with no access to effective treatment.\n (14) As the global resource investment in fighting \n tuberculosis increases, partner nations and international \n institutions must commit to a corresponding increase in the \n technical and program assistance necessary to ensure that the \n most effective and efficient tuberculosis treatments are \n provided.\n (15) The Global Fund to Fight AIDS, Tuberculosis and \n Malaria is an important global partnership established to \n combat these three infectious diseases that together kill \n millions of people a year. Expansion of effective tuberculosis \n treatment programs constitutes a major component of Global Fund \n investment, along with integrated efforts to address HIV and \n tuberculosis in areas of high prevalence.\n (16) The United States Agency for International Development \n and the Centers for Disease Control and Prevention are actively \n involved with global tuberculosis control efforts. Because the \n global tuberculosis epidemic directly impacts tuberculosis in \n the United States, Congress has urged the Centers for Disease \n Control and Prevention each year to increase its involvement \n with international tuberculosis control efforts.\n (17) The United States Agency for International Development \n is the lead United States Government agency for international \n tuberculosis efforts, working in close partnership with the \n Centers for Disease Control and Prevention and with the \n President's Emergency Plan for HIV\/AIDS Relief. The goal of the \n United States Agency for International Development is to \n contribute to the global reduction of morbidity and mortality \n associated with tuberculosis by building country capacity to \n prevent and cure tuberculosis and achieve global targets of 70 \n percent case detection and 85 percent treatment success rates. \n The United States Agency for International Development provides \n support for tuberculosis programs in countries that have a high \n burden of tuberculosis, a high prevalence of tuberculosis and \n HIV, and a high risk of MDR-TB.\n\nSEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS.\n\n (a) Policy.--Subsection (b) of section 104B of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151b-3) is amended to read as \nfollows:\n ``(b) Policy.--It is a major objective of the foreign assistance \nprogram of the United States to control tuberculosis. In all countries \nin which the Government of the United States has established \ndevelopment programs, particularly in countries with the highest burden \nof tuberculosis and other countries with high rates of tuberculosis, \nthe United States Government should prioritize the achievement of the \nfollowing goals by not later than December 31, 2015:\n ``(1) Reduce by half the tuberculosis death and disease \n burden from the 1990 baseline.\n ``(2) Sustain or exceed the detection of at least 70 \n percent of sputum smear-positive cases of tuberculosis and the \n cure of at least 85 percent of those cases detected.''.\n (b) Authorization.--Subsection (c) of such section is amended--\n (1) in the heading, by striking ``Authorization'' and \n inserting ``Assistance Required''; and\n (2) by striking ``is authorized to'' and inserting \n ``shall''.\n (c) Priority To Stop TB Strategy.--Subsection (e) of such section \nis amended--\n (1) in the heading, to read as follows: ``Priority To Stop \n TB Strategy.--'';\n (2) in the first sentence, by striking ``In furnishing'' \n and all that follows through ``, including funding'' and \n inserting the following:\n ``(1) Priority.--In furnishing assistance under subsection \n (c), the President shall give priority to--\n ``(A) activities described in the Stop TB Strategy, \n including expansion and enhancement of DOTS coverage, \n treatment for individuals infected with both \n tuberculosis and HIV and treatment for individuals with \n multi-drug resistant tuberculosis (MDR-TB), \n strengthening of health systems, use of the \n International Standards for Tuberculosis Care by all \n providers, empowering individuals with tuberculosis, \n and enabling and promoting research to develop new \n diagnostics, drugs, and vaccines, and program-based \n operational research relating to tuberculosis; and\n ``(B) funding''; and\n (3) in the second sentence--\n (A) by striking ``In order to'' and all that \n follows through ``not less than'' and inserting the \n following:\n ``(2) Availability of amounts.--In order to meet the \n requirements of paragraph (1), the President--\n ``(A) shall ensure that not less than'';\n (B) by striking ``for Directly Observed Treatment \n Short-course (DOTS) coverage and treatment of multi-\n drug resistant tuberculosis using DOTS-Plus,'' and \n inserting ``to implement the Stop TB Strategy; and''; \n and\n (C) by striking ``including'' and all that follows \n and inserting the following:\n ``(B) should ensure that not less than $15,000,000 \n of the amount made available to carry out this section \n for a fiscal year is used to make a contribution to the \n Global Tuberculosis Drug Facility.''.\n (d) Assistance for WHO and the Stop Tuberculosis Partnership.--Such \nsection is further amended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In \ncarrying out this section, the President, acting through the \nAdministrator of the United States Agency for International \nDevelopment, is authorized to provide increased resources to the World \nHealth Organization (WHO) and the Stop Tuberculosis Partnership to \nimprove the capacity of countries with high rates of tuberculosis and \nother affected countries to implement the Stop TB Strategy and specific \nstrategies related to addressing extensively drug resistant \ntuberculosis (XDR-TB).''.\n (e) Definitions.--Subsection (g) of such section, as redesignated \nby subsection (d)(1), is amended--\n (1) in paragraph (1), by adding at the end before the \n period the following: ``, including low cost and effective \n diagnosis and evaluation of treatment regimes, vaccines, and \n monitoring of tuberculosis, as well as a reliable drug supply, \n and a management strategy for public health systems, with \n health system strengthening, promotion of the use of the \n International Standards for Tuberculosis Care by all care \n providers, bacteriology under an external quality assessment \n framework, short-course chemotherapy, and sound reporting and \n recording systems''; and\n (2) by adding after paragraph (5) the following new \n paragraph:\n ``(6) Stop tb strategy.--The term `Stop TB Strategy' means \n the six-point strategy to reduce tuberculosis developed by the \n World Health Organization. The strategy is described in the \n Global Plan to Stop TB 2007-2016: Actions for Life, a \n comprehensive plan developed by the Stop Tuberculosis \n Partnership that sets out the actions necessary to achieve the \n millennium development goal of cutting tuberculosis deaths and \n disease burden in half by 2016.''.\n (f) Annual Report.--Clause (iii) of section 104A(e)(2)(C) of the \nForeign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)) is amended \nby adding at the end before the semicolon the following: ``, including \nthe percentage of such United States foreign assistance provided for \ndiagnosis and treatment of individuals with tuberculosis in countries \nwith the highest burden of tuberculosis, as determined by the World \nHealth Organization (WHO)''.\n (g) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated to \n the President not more than $400,000,000 for fiscal year 2008 \n and not more than $550,000,000 for fiscal year 2009 to carry \n out section 104B of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2151b-3), as amended by subsections (a) through (e) of \n this section.\n (2) Funding for cdc.--Of the amounts appropriated pursuant \n to the authorization of appropriations under paragraph (1), not \n more than $70,000,000 for fiscal year 2008 and not more than \n $100,000,000 for fiscal year 2009 shall be made available for \n the purpose of carrying out global tuberculosis activities \n through the Centers for Disease Control and Prevention.\n (3) Additional provisions.--Amounts appropriated pursuant \n to the authorization of appropriations under paragraph (1) and \n amounts made available pursuant to paragraph (2)--\n (A) are in addition amounts otherwise made \n available for such purposes; and\n (B) are authorized to remain available until \n expended.\n\n Passed the House of Representatives November 5, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.\n ","summary":"Stop Tuberculosis (TB) Now Act of 2007 - Amends the Foreign Assistance Act of 1961 to require the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination. Gives priority to activities described in the Stop TB Strategy . Revises related fund use provisions. Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing drug resistant tuberculosis (XDR-TB). Authorizes: (1) FY2008-FY2009 appropriations for the President to carry activities to combat tuberculosis. And (2) set-asides from such amounts for global tuberculosis activities by the Centers for Disease Control and Prevention (CDC).","title":"To amend the Foreign Assistance Act of 1961 to provide increased assistance for the prevention, treatment, and control of tuberculosis, and for other purposes.","text_len":16411,"sum_len":938} {"bill_id":"106_hr1895","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``School Anti-Violence Empowerment \nAct''.\n\n TITLE I--SCHOOL SAFETY PROGRAMS\n\nSEC. 101. PROGRAM AUTHORIZED.\n\n The Secretary of Education is authorized to provide grants to local \neducational agencies to establish or enhance crisis intervention \nprograms, including the hiring of school counselors and to enhance \nschool safety programs for students, staff, and school facilities.\n\nSEC. 102. GRANT AWARDS.\n\n (a) Local Awards.--The Secretary shall award grants to local \neducational agencies on a competitive basis.\n (b) Grant Programs.--From the amounts appropriated under section \n106, the Secretary shall reserve--\n (1) 50 percent of such amount to award grants to local \n educational agencies to hire school counselors; and\n (2) 50 percent of such amount to award grants to local \n educational agencies to enhance school safety programs for \n students, staff, and school facilities.\n (c) Priority.--Such awards shall be based on one or more of the \nfollowing factors:\n (1) Quality of existing or proposed violence prevention \n program.\n (2) Greatest need for crisis intervention counseling \n services.\n (3) Documented financial need based on number of students \n served under part A of title I of the Elementary and Secondary \n Education Act of 1965.\n (d) Equitable Distribution.--In awarding grants under this title, \nthe Secretary shall ensure, to the extent practicable, an equitable \ngeographic distribution among the regions of the United States and \namong urban, suburban, and rural areas.\n (e) Administrative Costs.--The Secretary may reserve not more than \n1 percent from amounts appropriated under section 106 for \nadministrative costs.\n (f) Eligibility.--A local educational agency that meets the \nrequirements of this title shall be eligible to receive a grant to hire \nschool counselors and a grant to enhance school safety programs for \nstudents, staff, and school facilities.\n\nSEC. 103. APPLICATIONS.\n\n (a) In General.--Each local educational agency desiring a grant \nunder this title shall submit an application to the Secretary at such \ntime, in such manner, and accompanied by such information as the \nSecretary may require.\n (b) Contents.--Such application shall include a plan that contains \nthe following:\n (1) In the case of a local educational agency applying for \n a grant to enhance school safety programs--\n (A) a description of any existing violence \n prevention, safety, and crisis intervention programs;\n (B) proposed changes to any such programs and a \n description of any new programs; and\n (C) documentation regarding financial need.\n (2) In the case of a local educational agency applying for \n a grant to hire school counselors--\n (A) a description of the need for a crisis \n intervention counseling program; and\n (B) documentation regarding financial need.\n\nSEC. 104. REPORTING.\n\n Each local educational agency that receives a grant under this \ntitle shall provide an annual report to the Secretary. In the case of a \nlocal educational agency that receives a grant to enhance school safety \nprograms, such report shall describe how such agency used funds \nprovided under this title and include a description of new school \nsafety measures and changes implemented to existing violence \nprevention, safety, and crisis intervention programs. In the case of a \nlocal educational agency that receives a grant to hire school \ncounselors, such report shall describe how such agency used funds \nprovided under this title and include the number of school counselors \nhired with such funds.\n\nSEC. 105. DEFINITIONS.\n\n For purposes of this title:\n (1) The terms ``elementary school'', ``local educational \n agency'', and ``secondary school'' have the same meanings given \n the terms in section 14101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 8801).\n (2) The term ``school counselor'' means an individual who \n has documented competence in counseling children and \n adolescents in a school setting and who--\n (A) possesses State licensure or certification \n granted by an independent professional regulatory \n authority;\n (B) in the absence of such State licensure or \n certification, possesses national certification in \n school counseling or a specialty of counseling granted \n by an independent professional organization; or\n (C) holds a minimum of a master's degree in school \n counseling from a program accredited by the Council for \n Accreditation of Counseling and Related Educational \n Programs or the equivalent.\n (3) The term ``Secretary'' means the Secretary of \n Education.\n (4) the term ``school safety'' means the safety of \n students, faculty, and school facilities from acts of violence.\n\nSEC. 106. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this title \n$700,000,000 for each of fiscal years 2000 through 2004.\n\n TITLE II--INCREASED COPS FUNDING\n\nSEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM.\n\n Section 1001(a)(11) of part J of title I of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended \nby adding at the end the following:\n ``(C) In addition to amounts made available under subparagraph (A), \nthere are authorized to be appropriated to carry out part Q, to remain \navailable until expended, the total amount of $1,500,000,000 for fiscal \nyears 2000 through 2004, of which 50 percent shall be used for \ncooperative partnerships between schools and State and local police \ndepartments to provide for the use of police officers in schools.''.\n\nSEC. 202. GRANT AUTHORITY.\n\n Section 1701 of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3796dd) is amended--\n (1) in subsection (i), by striking the second sentence; and\n (2) by striking subsection (k).\n\n TITLE III--21ST CENTURY LEARNING\n\nSEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH.\n\n Section 10907 of part I of title X of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 8247) is amended by striking \n``appropriated'' and all that follows before the period and inserting \nthe following: ``appropriated to carry out this part--\n ``(1) such sums as may be necessary for fiscal year 1999; \n and\n ``(2) $250,000,000 for each of fiscal years 2000 through \n 2004''.\n\n TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE\n\nSEC. 401. MODEL PROGRAM.\n\n Not later than 120 days after the date of the enactment of this \nAct, the Secretary of Education, in consultation with the Attorney \nGeneral, shall develop a model violence prevention program to be made \navailable to local educational agencies.\n\nSEC. 402. CLEARINGHOUSE.\n\n The Secretary of Education shall establish and maintain a national \nclearinghouse to provide technical assistance regarding the \nestablishment and operation of alternative violence prevention \nprograms. The national clearinghouse shall make information regarding \nalternative violence prevention programs available to local educational \nagencies.","summary":"Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program, (2) greatest need for crisis intervention counseling services. And (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA). Authorizes appropriations. Title II: Increased COPS Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and Cops on the Beat . Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority . Title III: 21st Century Learning - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth. Title IV: Model Program and Clearinghouse - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs. And (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs.","title":"School Anti-Violence Empowerment Act","text_len":7713,"sum_len":1419} {"bill_id":"112_s3054","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Army Arsenal Strategic Workload \nEnhancement Act of 2012''.\n\nSEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS.\n\n (a) In General.--Chapter 143 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 2425. Department of Defense use of arsenals\n ``(a) In General.--The Secretary of Defense shall develop and \npromulgate measurable and enforceable guidelines for the Department of \nDefense, defense agencies, and the military services to have supplies, \ncomponents, end items, parts, assemblies, and sub-assemblies made in \nfactories or arsenals owned by the United States, to the extent those \nfactories or arsenals can make those supplies, components, end items, \nparts, assemblies, and sub-assemblies on an economical basis while \npreserving the ability to provide an effective and timely response to \nmobilizations, national defense contingency situations, and other \nemergency requirements.\n ``(b) Determination of Economical Basis.--For purposes of \ndetermining whether supplies, components, end items, parts, assemblies, \nand sub-assemblies can be made on an `economical basis' under \nsubsection (a), the Secretary of Defense shall analyze the direct costs \nassociated with the manufacture of such supplies, components, end \nitems, parts, assemblies, and sub-assemblies. If an analysis is not \nperformed, the Secretary of Defense or the relevant defense agency or \nmilitary service shall promptly report to the congressional defense \ncommittees the justification for not performing an analysis.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``2425. Department of Defense use of arsenals.''.\n\nSEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND ARSENALS.\n\n (a) In General.--Section 4532 of title 10, United States Code, is \namended to read as follows:\n``Sec. 4532. Assignment of workload at Army factories and arsenals\n ``(a) Assignment of Workload.--(1) The Secretary of the Army shall \nassign Government-owned and Government-operated Department of the Army \nfactories and arsenals sufficient workload to ensure cost efficiency \nand technical competence in peacetime, while preserving the ability to \nprovide an effective and timely response to mobilizations, national \ndefense contingency situations, and other emergency requirements.\n ``(2) At a minimum, workload may be derived from manufacturing of \nsupplies, components, parts, systems, subsystems, and foreign military \nsales.\n ``(3) The Secretary of the Army shall develop and promulgate \nguidelines to make the arsenals available to the Department of Defense, \ndefense agencies, and military services for procurement of supplies, \ncomponents, parts, systems, and subsystems.\n ``(b) Waiver Authority.--(1) The Secretary of the Army may waive \nthe requirement under subsection (a)(1) if such a waiver is necessary \nfor the national defense.\n ``(2) A waiver under paragraph (1) shall not take effect until 30 \ndays after the Secretary submits to the congressional defense \ncommittees a notification of the determination, together with the \njustification for the determination.\n ``(3) The authority to grant a waiver under paragraph (1) may not \nbe delegated.\n ``(c) Annual Arsenal Report.--In 2013 and each year thereafter, not \nlater than 60 days after the date on which the budget of the President \nfor a fiscal year is submitted to Congress, the Secretary of Defense \nshall submit to Congress a report for the Army identifying, for the \nrelevant fiscal year, each of the following:\n ``(1) The core arsenal manufacturing capability.\n ``(2) The workload required to cost-effectively support the \n arsenals and the manufacturing capability inherent in these \n installations.\n ``(3) The Secretary of the Army's performance in \n maintaining the Department of the Army's factories and arsenals \n with sufficient workload to ensure affordability and technical \n competence in peacetime.\n ``(4) The capital investments required to be made in order \n to ensure compliance and operational capacity.\n ``(d) Comptroller General Review.--The Comptroller General shall \nreview each report required under subsection (c) for completeness and \ncompliance and provide findings and recommendations to the \ncongressional defense committees not later than 60 days after the \nreport is submitted to Congress.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 433 of title 10, United States Code, is amended by striking the \nitem relating to section 4532 and inserting the following new item:\n\n``4532. Assignment of workload at Army factories and arsenals.''.\n (c) Initial Workload Plan Report.--The first report required under \nsubsection (c) of section 4532 of title 10, United States Code, as \namended by subsection (a), shall be submitted not later than 180 days \nafter the date of the enactment of this Act.","summary":"Army Arsenal Strategic Workload Enhancement Act of 2012 - Directs the Secretary of Defense (Secretary) to develop and promulgate guidelines for the Department of Defense (DOD), defense agencies, and military services to have supplies, components, end items, parts, assemblies, and sub-assemblies made in factories or arsenals owned by the United States, to the extent that such factories or arsenals can make such supplies and parts on an economical basis while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements. Requires the Secretary of the Army to: (1) assign government-owned and operated Army factories and arsenals sufficient workload to ensure cost efficiency and technical competence in peacetime, while preserving the response ability described above. And (2) make Army arsenals available to DOD, the defense agencies, and military services for the procurement of supplies, components, parts, systems, and subsystems. Directs: (1) the Secretary to report annually to Congress on Army arsenal capabilities, workload, performance, and required capital investments. And (2) the Comptroller General to review each report for completeness and compliance and provide findings to the congressional defense committees.","title":"A bill to provide strategic workload to Army arsenals in their function as a critical component of the organic defense industrial base.","text_len":5109,"sum_len":1328} {"bill_id":"105_hr3749","text":"SECTION 1. IMPROVED PROTECTION FOR CONSUMERS.\n\n (a) Verification of Authorization.--Subsection (a) of section 258 \nof the Communications Act of 1934 (47 U.S.C. 258) is amended to read as \nfollows:\n ``(a) Prohibition.--\n ``(1) In general.--No telecommunications carrier or \n reseller of telecommunications services shall submit or execute \n a change in a subscriber's selection of a provider of telephone \n exchange service or telephone toll service except in accordance \n with this section and such verification procedures as the \n Commission shall prescribe.\n ``(2) Verification.--\n ``(A) In general.--In order to verify a \n subscriber's selection of a telephone exchange service \n or telephone toll service provider under this section, \n the telecommunications carrier or reseller shall, at a \n minimum, require the subscriber--\n ``(i) to acknowledge the type of service to \n be changed as a result of the selection;\n ``(ii) to affirm the subscriber's intent to \n select the provider as the provider of that \n service;\n ``(iii) to affirm that the consumer is the \n subscriber or is authorized to select the \n provider of that service for the telephone \n number in question;\n ``(iv) to acknowledge that the selection of \n the provider will result in a change in \n providers of that service; and\n ``(v) to provide such other information as \n the Commission considers appropriate for the \n protection of the subscriber.\n ``(B) Additional requirements.--The procedures \n prescribed by the Commission to verify a subscriber's \n selection of a provider shall--\n ``(i) preclude the use of negative option \n marketing;\n ``(ii) provide for verification of a change \n in telephone exchange service or telephone toll \n service provider in oral, written, or \n electronic form; and\n ``(iii) require the retention of such \n verification in such manner and form and for \n such time as the Commission considers \n appropriate.\n ``(3) Intrastate services.--Nothing in this section shall \n preclude any State commission from enforcing such procedures \n with respect to intrastate services.\n ``(4) Section not to apply to wireless.--This section does \n not apply to a provider of commercial mobile service, as that \n term is defined in section 332(d)(1) of this Act.''.\n (b) Resolution of Complaints.--Section 258 of the Communications \nAct of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the \nfollowing:\n ``(c) Notice to Subscriber.--Whenever there is a change in a \nsubscriber's selection of a provider of telephone exchange service or \ntelephone toll service, the telecommunications carrier or reseller \nselected shall notify the subscriber in writing, not more than 15 days \nafter the change is processed by the telecommunications carrier or the \nreseller--\n ``(1) of the subscriber's new carrier; and\n ``(2) that the subscriber may request information regarding \n the date on which the change was agreed to and the name of the \n individual who authorized the change.\n ``(d) Resolution of Complaints.--\n ``(1) Prompt resolution.--\n ``(A) In general.--The Commission shall prescribe a \n period of time, not in excess of 120 days after a \n telecommunications carrier or reseller receives notice, \n for the telecommunications carrier or reseller to \n resolve a complaint by a subscriber concerning an \n unauthorized change in the subscriber's selection of a \n provider of telephone exchange service or telephone \n toll service.\n ``(B) Unresolved complaints.--If a \n telecommunications carrier or reseller fails to resolve \n a complaint within the time period prescribed by the \n Commission, then, within 10 days after the end of that \n period, the telecommunications carrier or reseller \n shall--\n ``(i) notify the subscriber in writing of \n the subscriber's right to file a complaint with \n the Commission concerning the unresolved \n complaint, the subscriber's rights under this \n section, and all other remedies available to \n the subscriber concerning unauthorized changes;\n ``(ii) inform the subscriber in writing of \n the procedures prescribed by the Commission for \n filing such a complaint; and\n ``(iii) provide the subscriber a copy of \n any evidence in the carrier's or reseller's \n possession showing that the change in the \n subscriber's provider of telephone exchange \n service or telephone toll service was submitted \n or executed in accordance with the verification \n procedures prescribed under subsection (a).\n ``(2) Resolution by commission.--The Commission shall \n provide a simplified process for resolving complaints under \n paragraph (1)(B). The simplified procedure shall preclude the \n use of interrogatories, depositions, discovery, or other \n procedural techniques that might unduly increase the expense, \n formality, and time, involved in the process. The Commission \n shall issue an order resolving any such complaint at the \n earliest date practicable, but in no event later than--\n ``(A) 150 days after the date on which it received \n the complaint, with respect to liability issues; and\n ``(B) 90 days after the date on which it resolves a \n complaint, with respect to damages issues, if such \n additional time is necessary.\n ``(3) Damages awarded by commission.--In resolving a \n complaint under paragraph (1)(B), the Commission may award \n damages equal to the greater of $500 or the amount of actual \n damages. The Commission may, in its discretion, increase the \n amount of the award to an amount equal to not more than 3 times \n the amount available under the preceding sentence.\n ``(e) Penalty.--\n ``(1) In general.--Unless the Commission determines that \n there are mitigating circumstances, violation of subsection (a) \n is punishable by a fine of not less than $40,000 for the first \n offense, and not less than $150,000 for each subsequent \n offense.\n ``(2) Failure to notify treated as violation of subsection \n (a).--If a telecommunications carrier or reseller fails to \n comply with the requirements of subsection (d)(1)(B), then that \n failure shall be treated as a violation of subsection (a).\n ``(f) Recovery of Fines.--The Commission may take such action as \nmay be necessary--\n ``(1) to collect any fines it imposes under this section; \n and\n ``(2) on behalf of any subscriber, any damages awarded the \n subscriber under this section.\n ``(g) Change Includes Initial Selection.--For purposes of this \nsection, the initiation of service to a subscriber by a \ntelecommunications carrier or a reseller shall be treated as a change \nin a subscriber's selection of a provider of telephone exchange service \nor telephone toll service.''.\n (c) State Right-of-Action.--Section 258 of the Communications Act \nof 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by \nadding at the end thereof the following:\n ``(h) Actions by States.--\n ``(1) Authority of states.--Whenever the attorney general \n of a State, or an official or agency designated by a State, has \n reason to believe that a telecommunications carrier or reseller \n has engaged or is engaging in a pattern or practice of changing \n telephone exchange service or telephone toll service provider \n without authority from subscribers in that State in violation \n of this section or the regulations prescribed under this \n section, the State may bring a civil action on behalf of its \n residents to enjoin such unauthorized changes, an action to \n recover for actual monetary loss or receive $500 in damages for \n each violation, or both such actions. If the court finds the \n defendant willfully or knowingly violated such regulations, the \n court may, in its discretion, increase the amount of the award \n to an amount equal to not more than 3 times the amount \n available under the preceding sentence.\n ``(2) Exclusive jurisdiction of federal courts.--The \n district courts of the United States, the United States courts \n of any territory, and the District Court of the United States \n for the District of Columbia shall have exclusive jurisdiction \n over all civil actions brought under this subsection. Upon \n proper application, such courts shall also have jurisdiction to \n issue writs of mandamus, or orders affording like relief, \n commanding the defendant to comply with the provisions of this \n section or regulations prescribed under this section, including \n the requirement that the defendant take such action as is \n necessary to remove the danger of such violation. Upon a proper \n showing, a permanent or temporary injunction or restraining \n order shall be granted without bond.\n ``(3) Rights of commission.--The State shall serve prior \n written notice of any such civil action upon the Commission and \n provide the Commission with a copy of its complaint, except in \n any case where such prior notice is not feasible, in which case \n the State shall serve such notice immediately upon instituting \n such action. The Commission shall have the right--\n ``(A) to intervene in the action;\n ``(B) upon so intervening, to be heard on all \n matters arising therein; and\n ``(C) to file petitions for appeal.\n ``(4) Venue; service of process.--Any civil action brought \n under this subsection in a district court of the United States \n may be brought in the district wherein the defendant is found \n or is an inhabitant or transacts business or wherein the \n violation occurred or is occurring, and process in such cases \n may be served in any district in which the defendant is an \n inhabitant or where the defendant may be found.\n ``(5) Investigatory powers.--For purposes of bringing any \n civil action under this subsection, nothing in this section \nshall prevent the attorney general of a State, or an official or agency \ndesignated by a State, from exercising the powers conferred on the \nattorney general or such official by the laws of such State to conduct \ninvestigations or to administer oaths or affirmations or to compel the \nattendance of witnesses or the production of documentary and other \nevidence.\n ``(6) Effect on state court proceedings.--Nothing contained \n in this subsection shall be construed to prohibit an authorized \n State official from proceeding in State court on the basis of \n an alleged violation of any general civil or criminal statute \n of such State.\n ``(7) Limitation.--Whenever the Commission has instituted a \n civil action for violation of regulations prescribed under this \n section, no State may, during the pendency of such action \n instituted by the Commission, subsequently institute a civil \n action against any defendant named in the Commission's \n complaint for any violation as alleged in the Commission's \n complaint.\n ``(8) Definition.--As used in this subsection, the term \n `attorney general' means the chief legal officer of a State.\n ``(i) State Law Not Preempted.--Nothing in this section or in the \nregulations prescribed under this section shall preempt any State law \nthat imposes more restrictive intrastate requirements or regulations \non, or which prohibits unauthorized changes in, a subscriber's \nselection of a provider of telephone exchange service or telephone toll \nservice.''.\n (d) Report on Carriers Executing Unauthorized Changes of Telephone \nService.--\n (1) Report.--Not later than October 31, 1998, the Federal \n Communications Commission shall submit to Congress a report on \n unauthorized changes of subscribers' selections of providers of \n telephone exchange service or telephone toll service.\n (2) Elements.--The report shall include the following:\n (A) A list of the 10 telecommunications carriers \n that, during the 1-year period ending on the date of \n the report, were subject to the highest number of \n complaints of having executed unauthorized changes of \n subscribers from their selected providers of telephone \n exchange service or telephone toll service when \n compared with the total number of subscribers served by \n such carriers.\n (B) The telecommunications carriers, if any, \n assessed fines under section 258(e) of the \n Communications Act of 1934 (as added by subsection \n (c)), during that period, including the amount of each \n such fine and whether the fine was assessed as a result \n of a court judgment or an order of the Commission or \n was secured pursuant to a consent decree.\n\nSEC. 2. REPORT ON TELEMARKETING PRACTICES.\n\n (a) In General.--The Federal Communications Commission shall issue \na report within 180 days after the date of enactment of this Act on the \ntelemarketing practices used by telecommunications carriers or \nresellers or their agents or employees for the purpose of soliciting \nchanges by subscribers of their telephone exchange service or telephone \ntoll service provider.\n (b) Specific Issues.--As part of the report required under \nsubsection (a), the Commission shall include findings on--\n (1) the extent to which imposing penalties on telemarketers \n would deter unauthorized changes in a subscriber's selection of \n a provider of telephone exchange service or telephone toll \n service;\n (2) the need for rules requiring third-party verification \n of changes in a subscriber's selection of such a provider; and\n (3) whether wireless carriers should continue to be exempt \n from the verification and retention requirements imposed by \n section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47 \n U.S.C. 258(a)(2)(B)(iii)).\n (c) Rulemaking.--If the Commission determines that particular \ntelemarketing practices are being used with the intention to mislead, \ndeceive, or confuse subscribers and that they are likely to mislead, \ndeceive, or confuse subscribers, then the Commission shall initiate a \nrulemaking to prohibit the use of such practices within 120 days after \nthe completion of its report.","summary":"Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection, (2) affirm the intent to select the service provider. (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number. (4) acknowledge that such selection will result in a change of service provider. And (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing. (2) provide for verification of a change of provider in oral, written, or electronic form. And (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier. And (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint. And (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages. Or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.","title":"To amend the Communications Act of 1934 to improve the protection of consumers against \"slamming\" by telecommunications carriers, and for other purposes.","text_len":16347,"sum_len":3094} {"bill_id":"107_hr2121","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Russian Democracy Act of 2002''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Since the dissolution of the Soviet Union, the leadership \n of the Russian Federation has publicly committed itself to \n building--\n (A) a society with democratic political institutions and \n practices, the observance of universally recognized standards \n of human rights, and religious and press freedom; and\n (B) a market economy based on internationally accepted \n principles of transparency, accountability, and the rule of \n law.\n (2) In order to facilitate this transition, the international \n community has provided multilateral and bilateral technical \n assistance, and the United States' contribution to these efforts \n has played an important role in developing new institutions built \n on democratic and liberal economic foundations and the rule of law.\n (3)(A) Since 1992, United States Government democratic reform \n programs and public diplomacy programs, including training, and \n small grants have provided access to and training in the use of the \n Internet, brought nearly 40,000 Russian citizens to the United \n States, and have led to the establishment of more than 65,000 \n nongovernmental organizations, thousands of independent local media \n outlets, despite governmental opposition, and numerous political \n parties.\n (B) These efforts contributed to the substantially free and \n fair Russian parliamentary elections in 1995 and 1999.\n (4) The United States has assisted Russian efforts to replace \n its centrally planned, state-controlled economy with a market \n economy and helped create institutions and infrastructure for a \n market economy. Approximately two-thirds of the Russian \n Federation's gross domestic product is now generated by the private \n sector, and the United States recognized Russia as a market economy \n on June 7, 2002.\n (5)(A) The United States has fostered grassroots \n entrepreneurship in the Russian Federation by focusing United \n States economic assistance on small- and medium-sized businesses \n and by providing training, consulting services, and small loans to \n more than 250,000 Russian entrepreneurs.\n (B) There are now more than 900,000 small businesses in the \n Russian Federation, producing 12 to 15 percent, depending on the \n estimate, of the gross domestic product of the Russian Federation.\n (C) United States-funded programs have contributed to fighting \n corruption and financial crime, such as money laundering, by \n helping to--\n (i) establish a commercial legal infrastructure;\n (ii) develop an independent judiciary;\n (iii) support the drafting of a new criminal code, civil \n code, and bankruptcy law;\n (iv) develop a legal and regulatory framework for the \n Russian Federation's equivalent of the United States Securities \n and Exchange Commission;\n (v) support Russian law schools;\n (vi) create legal aid clinics; and\n (vii) bolster law-related activities of nongovernmental \n organizations.\n (6) Because the capability of Russian democratic forces and the \n civil society to organize and defend democratic gains without \n international support is uncertain, and because the gradual \n integration of the Russian Federation into the global order of \n free-market, democratic nations would enhance Russian cooperation \n with the United States on a wide range of political, economic, and \n security issues, the success of democracy in Russia is in the \n national security interest of the United States, and the United \n States Government should develop a far-reaching and flexible \n strategy aimed at strengthening Russian society's support for \n democracy and a market economy, particularly by enhancing Russian \n democratic institutions and education, promoting the rule of law, \n and supporting Russia's independent media.\n (7) Since the tragic events of September 11, 2001, the Russian \n Federation has stood with the United States and the rest of the \n civilized world in the struggle against terrorism and has \n cooperated in the war in Afghanistan by sharing intelligence and \n through other means.\n (8) United States-Russia relations have improved, leading to a \n successful summit between President Bush and President Putin in May \n 2002, resulting in a ``Foundation for Cooperation''.\n (b) Purposes.--The purposes of this Act are--\n (1) to strengthen and advance institutions of democratic \n government and of free and independent media, and to sustain the \n development of an independent civil society in the Russian \n Federation based on religious and ethnic tolerance, internationally \n recognized human rights, and an internationally recognized rule of \n law; and\n (2) to focus United States foreign assistance programs on using \n local expertise and to give local organizations a greater role in \n designing and implementing such programs, while maintaining \n appropriate oversight and monitoring.\n\nSEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.\n\n (a) Sense of Congress.--It is the sense of Congress that the United \nStates Government should--\n (1) recognize that a democratic and economically stable Russian \n Federation is inherently less confrontational and destabilizing in \n its foreign policy and therefore that the promotion of democracy in \n Russia is in the national security interests of the United States; \n and\n (2) continue and increase assistance to the democratic forces \n in the Russian Federation, including the independent media, \n regional administrations, democratic political parties, and \n nongovernmental organizations.\n (b) Statement of Policy.--It shall be the policy of the United \nStates--\n (1) to facilitate Russia's integration into the Western \n community of nations, including supporting the establishment of a \n stable democracy and a market economy within the framework of the \n rule of law and respect for individual rights, including Russia's \n membership in the appropriate international institutions;\n (2) to engage the Government of the Russian Federation and \n Russian society in order to strengthen democratic reform and \n institutions, and to promote transparency and good governance in \n all aspects of society, including fair and honest business \n practices, accessible and open legal systems, freedom of religion, \n and respect for human rights;\n (3) to advance a dialogue among United States Government \n officials, private sector individuals, and representatives of the \n Government of the Russian Federation regarding Russia's integration \n into the Western community of nations;\n (4) to encourage United States Government officials and private \n sector individuals to meet regularly with democratic activists, \n human rights activists, representatives of the independent media, \n representatives of nongovernmental organizations, civic organizers, \n church officials, and reform-minded politicians from Moscow and all \n other regions of the Russian Federation;\n (5) to incorporate democratic reforms, the promotion of \n independent media, and economic reforms in a broader United States \n dialogue with the Government of the Russian Federation;\n (6) to encourage the Government of the Russian Federation to \n address, in a cooperative and transparent manner consistent with \n internationally recognized and accepted principles, cross-border \n issues, including the nonproliferation of weapons of mass \n destruction, environmental degradation, crime, trafficking, and \n corruption;\n (7) to consult with the Government of the Russian Federation \n and the Russian Parliament on the adoption of economic and social \n reforms necessary to sustain Russian economic growth and to ensure \n Russia's transition to a fully functioning market economy and \n membership in the World Trade Organization;\n (8) to persuade the Government of the Russian Federation to \n honor its commitments made to the Organization for Security and \n Cooperation in Europe (OSCE) at the November 1999 Istanbul \n Conference, and to conduct a genuine good neighbor policy toward \n the other independent states of the former Soviet Union in the \n spirit of internationally accepted principles of regional \n cooperation; and\n (9) to encourage the G-8 partners and international financial \n institutions, including the World Bank, the International Monetary \n Fund, and the European Bank for Reconstruction and Development, to \n develop financial safeguards and transparency practices in lending \n to the Russian Federation.\n\nSEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.\n\n (a) In General.--\n (1) Democracy and rule of law.--Section 498(2) of the Foreign \n Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended--\n (A) in the paragraph heading, by striking ``Democracy'' and \n inserting ``Democracy and rule of law'';\n (B) by striking subparagraphs (E) and (G);\n (C) by redesignating subparagraph (F) as subparagraph (I);\n (D) by inserting after subparagraph (D) the following:\n ``(E) development and support of grass-roots and \n nongovernmental organizations promoting democracy, the rule of \n law, transparency, and accountability in the political process, \n including grants in small amounts to such organizations;\n ``(F) international exchanges and other forms of public \n diplomacy to promote greater understanding on how democracy, \n the public policy process, market institutions, and an \n independent judiciary function in Western societies;\n ``(G) political parties and coalitions committed to \n promoting democracy, human rights, and economic reforms;\n ``(H) support for civic organizations committed to \n promoting human rights;''; and\n (E) by adding at the end the following:\n ``(J) strengthened administration of justice through \n programs and activities carried out in accordance with section \n 498B(e), including--\n ``(i) support for nongovernmental organizations, civic \n organizations, and political parties that favor a strong \n and independent judiciary;\n ``(ii) support for local organizations that work with \n judges and law enforcement officials in efforts to achieve \n a reduction in the number of pretrial detainees; and\n ``(iii) support for the creation of legal associations \n or groups that provide training in human rights and \n advocacy, public education with respect to human rights-\n related laws and proposed legislation, and legal assistance \n to persons subject to improper government interference.''.\n (2) Independent media.--Section 498 of the Foreign Assistance \n Act of 1961 (22 U.S.C. 2295) is amended--\n (A) by redesignating paragraphs (3) through (13) as \n paragraphs (4) through (14), respectively; and\n (B) by inserting after paragraph (2) the following:\n ``(3) Independent media.--Developing free and independent \n media, including--\n ``(A) supporting all forms of independent media reporting, \n including print, radio, and television;\n ``(B) providing special support for, and unrestricted \n public access to, nongovernmental Internet-based sources of \n information, dissemination and reporting, including providing \n technical and other support for web radio services, providing \n computers and other necessary resources for Internet \n connectivity and training new Internet users in nongovernmental \n civic organizations on methods and uses of Internet-based \n media; and\n ``(C) training in journalism, including investigative \n journalism techniques that educate the public on the costs of \n corruption and act as a deterrent against corrupt officials.''.\n (b) Conforming Amendment.--Section 498B(e) of such Act is amended \nby striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''.\n\nSEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.\n\n (a) Assistance Programs.--In providing assistance to the Russian \nFederation under chapter 11 of part I of the Foreign Assistance Act of \n1961 (22 U.S.C. 2295 et seq.), the President is authorized to--\n (1) work with the Government of the Russian Federation, the \n Duma, and representatives of the Russian Federation judiciary to \n help implement a revised and improved code of criminal procedure \n and other laws;\n (2) establish civic education programs relating to democracy, \n public policy, the rule of law, and the importance of independent \n media, including the establishment of ``American Centers'' and \n public policy schools at Russian universities and encourage \n cooperative programs with universities in the United States to \n offer courses through Internet-based off-site learning centers at \n Russian universities; and\n (3) support the Regional Initiatives (RI) program, which \n provides targeted assistance in those regions of the Russian \n Federation that have demonstrated a commitment to reform, \n democracy, and the rule of law, and which promotes the concept of \n such programs as a model for all regions of the Russian Federation.\n (b) Radio Free Europe\/Radio Liberty and Voice of America.--RFE\/RL, \nIncorporated, and the Voice of America should use new and innovative \ntechniques, in cooperation with local independent media sources and \nusing local languages as appropriate and as possible, to disseminate \nthroughout the Russian Federation information relating to democracy, \nfree-market economics, the rule of law, and human rights.\n\nSEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, \n AND THE RULE OF LAW.\n\n Of the amounts made available to carry out the provision of chapter \n11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et \nseq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is \nauthorized to be available for the activities authorized by paragraphs \n(2) and (3) of section 498 of the Foreign Assistance Act of 1961, as \namended by section 4(a) of this Act.\n\nSEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL \n PEACE PRIZE WINNER ANDREI SAKHAROV.\n\n (a) Authorization.--The President is authorized, on such terms and \nconditions as the President determines to be appropriate, to make a \ngrant to Brandeis University for an endowment for the Andrei Sakharov \nArchives and Human Rights Center for the purpose of collecting and \npreserving documents related to the life of Andrei Sakharov and the \nadministration of such Center.\n (b) Funding.--There is authorized to be appropriated to the \nPresident to carry out subsection (a) not more than $1,500,000.\n\nSEC. 8. EXTENSION OF LAW.\n\n The provisions of section 108(c) of H.R. 3427, as enacted by \nsection 1000(a)(7) of Public Law 106-113, shall apply to United States \ncontributions for fiscal year 2003 to the organization described in \nsection 108(c) of H.R. 3427.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Russian Democracy Act of 2002 - Declares it shall be US policy to: (1) facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, and including its membership in appropriate international institutions. (2) engage the Government of the Russian Federation and Russian society to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights. (3) incorporate democratic reforms, the promotion of an independent media, and economic reforms in a broader US dialogue with such Government. (4) encourage such Government to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption. (5) consult with such Government and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a market economy and membership in the World Trade Organization. (6) persuade the Government of the Russian Federation to honor its commitments to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference and to be a good neighbor toward other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation. And (7) encourage G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development to develop financial safeguards and transparency practices in lending to the Russian Federation. Amends the Foreign Assistance Act of 1961 to include among activities eligible for US assistance to the independent states of the former Soviet Union any activities for the promotion of democracy, rule of law, transparency, international exchanges and other forms of public diplomacy, human rights, economic reforms, administration of justice, and the development of a free and independent media in Russia. Authorizes the President to carry out specified related activities in providing such assistance to Russia. Urges Radio Free EuropeRadio Liberty and the Voice of America to use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate information throughout the Russian Federation relating to democracy, free-market economics, rule of law, and human rights. Authorizes appropriations for FY 2003.","title":"An Act to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society and independent media in that country.","text_len":16066,"sum_len":2929} {"bill_id":"103_s887","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Immunization Improvement \nAct of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) 90 percent of all children under the age of 2 receive \n at least one vaccination yet only 40 to 60 percent of these \n children receive a complete set of vaccinations;\n (2) the low immunization rate for children stems from \n inadequate immunization delivery systems and a lack of public \n education concerning the risks related to the nonimmunization \n of children; and\n (3) government health care programs must coordinate their \n activities in order to increase immunization rates.\n (b) Purpose.--It is the purpose of this Act to--\n (1) assist the States in developing State systems to \n monitor the immunization status of children in order to ensure \n that these children are provided with the recommended number of \n vaccinations;\n (2) in cooperation with the States, improve the \n immunization delivery system and expand outreach and awareness \n efforts to ensure that every child under 2 years of age is \n properly immunized;\n (3) provide for increased coordination among Federal \n programs in order to improve immunization rates;\n (4) encourage increased coordination among Federal, State \n and private programs to improve immunization rates; and\n (5) make certain revisions with respect to the Vaccine \n Injury Compensation Program.\n\nSEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.\n\n (a) Improved Immunization.--Subtitle 2 of title XXI of the Public \nHealth Service Act (42 U.S.C. 300aa-1 et seq.) is amended--\n (1) by redesignating part D as part E;\n (2) by redesignating sections 2131 through 2134 as sections \n 2151 through 2154, respectively; and\n (3) by inserting after part C, the following new part:\n\n ``Part D--Improved Immunization Efforts\n\n``SEC. 2131. VOLUNTARY STATE REGISTRY GRANT PROGRAM.\n\n ``(a) In General.--Not later than 1 year after the date of \nenactment of this part, the Secretary shall establish a program under \nwhich the Secretary may award grants to States to enable such States to \ndevelop and operate computerized State registries to collect, track and \nmonitor immunization data with respect to children residing within such \nStates as described in subsection (c).\n ``(b) Application.--To be eligible to receive a grant under \nsubsection (a), a State shall prepare and submit to the Secretary an \napplication at such time, in such manner, and containing such \ninformation as the Secretary may require. Such application shall \ninclude a plan to ensure that necessary immunization information is \nprovided to the State registry.\n ``(c) Data.--\n ``(1) Data set and standards.--The Secretary shall develop \n a minimum uniform data set and data standards applicable to \n State registries developed under this section, in order to \n allow compatibility between States.\n ``(2) Design.--A State immunization tracking and \n surveillance registry established under subsection (a) shall be \n designed to collect immunization information on each child \n residing within the State from the time that each such child is \n born, and track the immunization records of each such child as \n they grow older. The registry shall contain at least the \n following information with respect to each child residing \n within the State:\n ``(A) The name, address and date of birth of the \n child.\n ``(B) The complete immunization history of the \n child.\n ``(C) The type and lot numbers of each vaccine \n provided to the child.\n ``(D) The name and address of each health care \n provider providing a vaccination to the child.\n ``(E) Identifying data that is sufficient to enable \n the registry to locate the child for purposes of \n conducting immunization notification activities \n concerning the child.\n ``(F) Information designed to monitor the safety \n and effectiveness of vaccines by linking vaccine dosage \n information with adverse events reporting and disease \n outbreak patterns, including events reported by \n petitioners under parts A or B.\n ``(d) Technical Assistance.--The Secretary shall provide technical \nassistance to States for the development of State registries under this \nsection.\n ``(e) Reporting.--Each State that receives a grant under this \nsection shall annually prepare and submit to the Secretary a report \nconcerning the progress made by the State in operating a State registry \nunder the grant.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section, $150,000,000 for fiscal year \n1995, and such sums as may be necessary for each of the fiscal years \n1995 through 1999.\n\n``SEC. 2132. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND EDUCATION.\n\n ``(a) Required Activities.--The Secretary, acting through the \nCenters for Disease Control and Prevention and in conjunction with \nState health officials and other appropriate public and private \norganizations, shall conduct the following activities to improve \nFederal, State and local vaccines delivery systems and immunization \noutreach and education efforts:\n ``(1) Immunization educational materials for providers.--\n Not later than 1 year after the date of enactment of this part, \n the Secretary, in conjunction with State health officials and \n other appropriate public and private organizations, shall \n develop and disseminate standard immunization educational \n materials for providers, including--\n ``(A) a list of basic recommended vaccines and the \n schedules for immunizing children with such vaccines;\n ``(B) recommended criteria for the administration \n of vaccines;\n ``(C) recommended criteria for determining when \n vaccines should not be administered;\n ``(D) recommended criteria for the screening of \n children prior to immunization;\n ``(E) informed consent materials consistent with \n those required under section 2126(c); and\n ``(F) any other information determined appropriate \n by the Secretary.\n ``(2) National public awareness campaign.--\n ``(A) In general.--The Secretary, in conjunction \n with State health officials and other appropriate \n public and private organizations, shall develop and \n implement a National Immunization Public Awareness \n Campaign to assist parents (through bilingual means if \n necessary) of children under the age of 2 years, and \n expectant parents, in obtaining knowledge concerning \n the importance of having their children immunized and \n in identifying the vaccines, schedules for \n immunization, and vaccine provider locations, \n appropriate with respect to their children.\n ``(B) Implementation.--In implementing the Campaign \n under subparagraph (A), the Secretary shall ensure \n that--\n ``(i) new and innovative methods are \n developed and utilized to publicly advertise \n the need to have children immunized in a timely \n manner;\n ``(ii) print, radio and television media \n are utilized to convey immunization information \n to the public; and\n ``(iii) with respect to immunization \n information, efforts are made to target \n pregnant women and the parents of children \n under the age of 2.\n ``(3) Interagency committee on immunization.--The \n Secretary, in conjunction with the Secretary of Agriculture, \n the Secretary of Housing and Urban Development, and the \n Secretary of Education, shall carry out activities through the \n Interagency Committee on Immunization to incorporate \n immunization status assessments and referral services as an \n integral part of the process by which individuals apply for \n assistance under--\n ``(A) the food stamp program under the Food Stamp \n Act of 1977;\n ``(B) section 17 of the Child Nutrition Act of \n 1966;\n ``(C) the Head Start Act;\n ``(D) part A of title IV of the Social Security \n Act;\n ``(E) title XIX of the Social Security Act;\n ``(F) any of the housing assistance laws of the \n United States; and\n ``(G) other programs determined appropriate by any \n of the Secretaries described in this paragraph.\n ``(4) Outreach activities.--The Secretary shall conduct \n immunization outreach activities, including--\n ``(A) conducting research concerning alternative \n delivery systems (such as mobile immunization clinics);\n ``(B) utilization of National Health Service Corps \n members and other measures to conduct immunization \n outreach activities in medically underserved areas and \n for medically underserved populations;\n ``(C) conducting research concerning the \n implementation of innovative methods to--\n ``(i) contact parents or legal guardians \n concerning their children's immunization \n status;\n ``(ii) refer such parents or legal \n guardians to immunization providers; and\n ``(iii) conduct follow-up activities \n concerning the immunization status of children \n affected by the activities conducted under this \n subparagraph;\n ``(D) the coordination of vaccine outreach and \n education activities with other Federal, State and \n local programs to encourage parents to have their \n children immunized; and\n ``(E) any other activities determined appropriate \n by the Secretary.\n ``(b) Immunization Action Plans.--\n ``(1) Grants.--\n ``(A) In general.--The Secretary may award grants \n to States to enable such State to develop, revise and \n implement immunization action plans as described in \n paragraph (2).\n ``(B) Application.--To be eligible to receive a \n grant under subparagraph (A), a State shall prepare and \n submit to the Secretary an application at such time, in \n such manner, and containing such information as the \n Secretary may require.\n ``(2) Design.--A State immunization action plan shall be \n designed to improve immunization delivery, outreach, education \n and coordination within the State. Such plan shall provide for \n the creation of--\n ``(A) a vaccine provider education campaign under \n which standard immunization criteria developed under \n subsection (a)(1), and any other materials determined \n to be appropriate by State health officials, will be \n distributed to immunization providers--\n ``(i) to enable such providers to make the \n best use of vaccination opportunities; and\n ``(ii) to educate such providers concerning \n their obligation to report immunization \n information with respect to their patients to \n State registries;\n ``(B) expanded immunization delivery through--\n ``(i) increasing the number or type of \n facilities through which vaccines may be made \n available;\n ``(ii) developing alternative methods of \n delivering vaccines, such as mobile health \n clinics or through programs of the type \n described in subsection (a)(5); or\n ``(iii) increasing the number of hours \n during which vaccines are made available by \n providers within the State;\n except that, the Secretary may waive the requirements \n of this subparagraph if the Secretary determines that \n State immunization delivery efforts are sufficient;\n ``(C) population-based assessment criteria through \n which the State is able to assess the effectiveness of \n immunization activities in the State;\n ``(D) a public awareness campaign, in conjunction \n with the National Campaign established under subsection \n (a)(2), to provide parents with information concerning \n the types and schedules for the administration of \n vaccines, and the locations of vaccines providers;\n ``(E) coordination of outreach activities with \n other public or private health programs to encourage \n parents to have their children immunized; and\n ``(F) significant collaboration with private \n entities in achieving the goals of the plan.\n ``(3) Immunization action plan approval.--\n ``(A) Goals.--As part of the immunization action \n plan of a State, the State shall establish immunization \n rate goals for children residing within the State.\n ``(B) Approval.--The immunization action plan \n developed by a State under this subsection shall be \n submitted to the Secretary for approval prior to the \n distribution of grant funds to the States under this \n subsection. The Secretary shall periodically review the \n progress that the State has made under such plan in \n achieving the goals established under subparagraph (A).\n ``(C) Reporting.--A State shall annually prepare \n and submit to the Director of the Centers for Disease \n Control and Prevention a report concerning the \n implementation of the State immunization action plan. \n If the Director or the Secretary, in reviewing the \n reports submitted under this subparagraph determine \n that the State has not made sufficient progress towards \n achieving the goals established under subparagraph (A), \n the Secretary may reduce the State's grant funds.\n\n``SEC. 2133. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out 2132(b), \n$200,000,000 for fiscal year 1994, and such sums as may be necessary \nfor each of the fiscal years 1995 through 1999.''.\n (b) Simplification of Informed Consent Materials.--Section 2126(c) \nof the Public Health Service Act (42 U.S.C. 300aa-26(c)) is amended--\n (A) in the matter preceding paragraph (1), by \n inserting ``shall be based on available data and \n information,'' after ``such materials''; and\n (B) by striking out ``include--'' and all that \n follows through the paragraph (10) and inserting in \n lieu thereof ``include a concise description of the \n benefits and the risks of the vaccines and a statement \n of the availability of the National Vaccine Injury \n Compensation Fund.''.","summary":"National Immunization Improvement Act of 1993 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to award grants to States for the development and operation of computerized State registries to collect, track, and monitor immunization data with respect to children. Authorizes appropriations. Requires the Secretary to conduct specified activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts. Authorizes appropriations.","title":"National Immunization Improvement Act of 1993","text_len":16853,"sum_len":549} {"bill_id":"110_hr6493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Aviation Safety Enhancement Act of \n2008''.\n\nSEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.\n\n Section 106 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(s) Aviation Safety Whistleblower Investigation Office.--\n ``(1) Establishment.--There is established in the Federal \n Aviation Administration (in this section referred to as the \n `Agency') an Aviation Safety Whistleblower Investigation Office \n (in this subsection referred to as the `Office').\n ``(2) Director.--\n ``(A) Appointment.--The head of the Office shall be \n the Director, who shall be appointed by the Secretary \n of Transportation.\n ``(B) Qualifications.--The Director shall have a \n demonstrated ability in investigations and knowledge of \n or experience in aviation.\n ``(C) Term.--The Director shall be appointed for a \n term of 5 years.\n ``(D) Vacancy.--Any individual appointed to fill a \n vacancy in the position of the Director occurring \n before the expiration of the term for which the \n individual's predecessor was appointed shall be \n appointed for the remainder of that term.\n ``(3) Complaints and investigations.--\n ``(A) Authority of director.--The Director shall--\n ``(i) receive complaints and information \n submitted by employees of persons holding \n certificates issued under title 14, Code of \n Federal Regulations, and employees of the \n Agency concerning the possible existence of an \n activity relating to a violation of an order, \n regulation, or standard of the Agency or any \n other provision of Federal law relating to \n aviation safety;\n ``(ii) assess complaints and information \n submitted under clause (i) and determine \n whether a substantial likelihood exists that a \n violation of an order, regulation, or standard \n of the Agency or any other provision of Federal \n law relating to aviation safety may have \n occurred; and\n ``(iii) based on findings of the assessment \n conducted under clause (ii), make \n recommendations to the Administrator in writing \n for further investigation or corrective \n actions.\n ``(B) Disclosure of identities.--The Director shall \n not disclose the identity of an individual who submits \n a complaint or information under subparagraph (A)(i) \n unless--\n ``(i) the individual consents to the \n disclosure in writing; or\n ``(ii) the Director determines, in the \n course of an investigation, that the disclosure \n is unavoidable.\n ``(C) Independence of director.--The Secretary, the \n Administrator, or any officer or employee of the Agency \n may not prevent or prohibit the Director from \n initiating, carrying out, or completing any assessment \n of a complaint or information submitted subparagraph \n (A)(i) or from reporting to Congress on any such \n assessment.\n ``(D) Access to information.--In conducting an \n assessment of a complaint or information submitted \n under subparagraph (A)(i), the Director shall have \n access to all records, reports, audits, reviews, \n documents, papers, recommendations, and other material \n necessary to determine whether a substantial likelihood \n exists that a violation of an order, regulation, or \n standard of the Agency or any other provision of \n Federal law relating to aviation safety may have \n occurred.\n ``(4) Responses to recommendations.--The Administrator \n shall respond to a recommendation made by the Director under \n subparagraph (A)(iii) in writing and retain records related to \n any further investigations or corrective actions taken in \n response to the recommendation.\n ``(5) Incident reports.--If the Director determines there \n is a substantial likelihood that a violation of an order, \n regulation, or standard of the Agency or any other provision of \n Federal law relating to aviation safety may have occurred that \n requires immediate corrective action, the Director shall report \n the potential violation expeditiously to the Administrator and \n the Inspector General of the Department of Transportation.\n ``(6) Reporting of criminal violations to inspector \n general.--If the Director has reasonable grounds to believe \n that there has been a violation of Federal criminal law, the \n Director shall report the violation expeditiously to the \n Inspector General.\n ``(7) Annual reports to congress.--Not later than October 1 \n of each year, the Director shall submit to Congress a report \n containing--\n ``(A) information on the number of submissions of \n complaints and information received by the Director \n under paragraph (3)(A)(i) in the preceding 12-month \n period;\n ``(B) summaries of those submissions;\n ``(C) summaries of further investigations and \n corrective actions recommended in response to the \n submissions; and\n ``(D) summaries of the responses of the \n Administrator to such recommendations.''.\n\nSEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.\n\n (a) Findings.--Congress finds the following:\n (1) Subsections (a) and (d) of section 40101 of title 49, \n United States Code, directs the Federal Aviation Administration \n (in this section referred to as the ``Agency)'') to make safety \n its highest priority.\n (2) In 1996, to ensure that there would be no appearance of \n a conflict of interest for the Agency in carrying out its \n safety responsibilities, Congress amended section 40101(d) of \n such title to remove the responsibilities of the Agency to \n promote airlines.\n (3) Despite these directives from Congress regarding the \n priority of safety, the Agency issued a vision statement in \n which it stated that it has a ``vision'' of ``being responsive \n to our customers and accountable to the public'' and, in 2003, \n issued a customer service initiative that required aviation \n inspectors to treat air carriers and other aviation certificate \n holders as ``customers'' rather than regulated entities.\n (4) The initiatives described in paragraph (3) appear to \n have given regulated entities and Agency inspectors the \n impression that the management of the Agency gives an unduly \n high priority to the satisfaction of regulated entities \n regarding its inspection and certification decisions and other \n lawful actions of its safety inspectors.\n (5) As a result of the emphasis on customer satisfaction, \n some managers of the Agency have discouraged vigorous \n enforcement and replaced inspectors whose lawful actions \n adversely affected an air carrier.\n (b) Modification of Initiative.--Not later than 90 days after the \ndate of enactment of this Act, the Administrator of the Federal \nAviation Administration shall modify the customer service initiative, \nmission and vision statements, and other statements of policy of the \nAgency--\n (1) to remove any reference to air carriers or other \n entities regulated by the Agency as ``customers'';\n (2) to clarify that in regulating safety the only customers \n of the Agency are individuals traveling on aircraft; and\n (3) to clarify that air carriers and other entities \n regulated by the Agency do not have the right to select the \n employees of the Agency who will inspect their operations.\n (c) Safety Priority.--In carrying out the Administrator's \nresponsibilities, the Administrator shall ensure that safety is given a \nhigher priority than preventing the dissatisfaction of an air carrier \nor other entity regulated by the Agency with an employee of the Agency.\n\nSEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.\n\n (a) In General.--Section 44711 of title 49, United States Code, is \namended by adding at the end the following:\n ``(d) Post-Employment Restrictions for Flight Standards \nInspectors.--\n ``(1) Prohibition.--A person holding an operating \n certificate issued under title 14, Code of Federal Regulations, \n may not knowingly employ, or make a contractual arrangement \n which permits, an individual to act as an agent or \n representative of the certificate holder in any matter before \n the Federal Aviation Administration (in this subsection \n referred to as the `Agency') if the individual, in the \n preceding 2-year period--\n ``(A) served as, or was responsible for oversight \n of, a flight standards inspector of the Agency; and\n ``(B) had responsibility to inspect, or oversee \n inspection of, the operations of the certificate \n holder.\n ``(2) Written and oral communications.--For purposes of \n paragraph (1), an individual shall be considered to be acting \n as an agent or representative of a certificate holder in a \n matter before the Agency if the individual makes any written or \n oral communication on behalf of the certificate holder to the \n Agency (or any of its officers or employees) in connection with \n a particular matter, whether or not involving a specific party \n and without regard to whether the individual has participated \n in, or had responsibility for, the particular matter while \n serving as a flight standards inspector of the Agency.''.\n (b) Applicability.--The amendment made by subsection (a) shall not \napply to an individual employed by a certificate holder as of the date \nof enactment of this Act.\n\nSEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.\n\n (a) In General.--An individual serving as a principal supervisory \ninspector of the Federal Aviation Administration (in this section \nreferred to as the ``Agency)'' may not be responsible for overseeing \nthe operations of a single air carrier for a continuous period of more \nthan 5 years.\n (b) Transitional Provision.--An individual serving as a principal \nsupervisory inspector of the Agency with respect to an air carrier as \nof the date of enactment of this Act may be responsible for overseeing \nthe operations of the carrier until the last day of the 5-year period \nspecified in subsection (a) or last day of the 2-year period beginning \non such date of enactment, whichever is later.\n (c) Issuance of Order.--Not later than 30 days after the date of \nenactment of this Act, the Administrator of the Federal Aviation \nAdministration shall issue an order to carry out this section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator such sums as may be necessary to \ncarry out this section.\n\nSEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM \n DATABASE.\n\n (a) Reviews.--The Administrator of the Federal Aviation \nAdministration shall establish a process by which the air \ntransportation oversight system database of the Federal Aviation \nAdministration (in this section referred to as the ``Agency'') is \nreviewed by a team of employees of the Agency on a monthly basis to \nensure that--\n (1) any trends in regulatory compliance are identified; and\n (2) appropriate corrective actions are taken in accordance \n with Agency regulations, advisory directives, policies, and \n procedures.\n (b) Monthly Team Reports.--\n (1) In general.--The team of employees conducting a monthly \n review of the air transportation oversight system database \n under subsection (a) shall submit to the Administrator, the \n Associate Administrator for Aviation Safety, and the Director \n of Flight Standards a report on the results of the review.\n (2) Contents.--A report submitted under paragraph (1) shall \n identify--\n (A) any trends in regulatory compliance discovered \n by the team of employees in conducting the monthly \n review; and\n (B) any corrective actions taken or proposed to be \n taken in response to the trends.\n (c) Quarterly Reports to Congress.--The Administrator, on a \nquarterly basis, shall submit to the Committee on Transportation and \nInfrastructure of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate a report on the \nresults of reviews of the air transportation oversight system database \nconducted under this section, including copies of reports received \nunder subsection (b).\n\n Passed the House of Representatives July 22, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as customers. (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft. And (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector. And (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations. Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified, and (2) appropriate corrective actions are taken.","title":"To amend title 49, United States Code, to enhance aviation safety.","text_len":14316,"sum_len":1820} {"bill_id":"113_hr3310","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Annuity Safety and Security Under \nReasonable Enforcement Act of 2013'' or the ``ASSURE Act of 2013''.\n\nSEC. 2. CONSIDERATION OF FEDERAL AND MILITARY PENSIONS IN EXTENSIONS OF \n CREDIT.\n\n The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--\n (1) in section 104(3), by inserting after ``other than'' \n the following: ``payments described under section 126(a) and'';\n (2) by inserting after section 125 the following:\n``Sec. 126. Payments in consideration of Federal and military pensions\n ``(a) Disclosure.--The Bureau shall issue regulations requiring any \npayment to a benefit recipient, whether or not such payment is an \nextension of credit, that diminishes the benefit recipient's ability to \ncontrol the payments from their Federal or military pension in any way, \nto be treated as an extension of credit for purposes of the disclosures \nrequired under this title.\n ``(b) Interest Rate Cap.--With respect to a payment to a benefit \nrecipient described under subsection (a)--\n ``(1) if such payment is an extension of consumer credit, a \n creditor may not impose an annual percentage rate of interest \n greater than the Federal funds rate plus 6 percent; and\n ``(2) if such payment is not an extension of consumer \n credit, the Bureau shall issue regulations requiring that the \n aggregate amount of cash and property paid in exchange for such \n payment may not exceed an amount that is equivalent to the \n interest rate described under paragraph (1).\n ``(c) Definitions.--For purposes of this section:\n ``(1) Benefit recipient.--The term `benefit recipient' \n means a person who is entitled to payments under a Federal or \n military pension.\n ``(2) Federal or military pension.--The term `Federal or \n military pension' means--\n ``(A) a benefit described under section 5301(a) of \n title 38, United States Code;\n ``(B) retired pay to an enlisted member of the \n Army, Navy, Air Force, or Marine Corps; and\n ``(C) an annuity described under section 8345 or \n 8465 of title 5, United States Code.\n ``(3) Federal funds rate.--For purposes of this section, \n the term `Federal funds rate' means the Federal funds rate \n published in the Federal Reserve Statistical Release on \n selected interest rates (daily or weekly), and commonly \n referred to as the H.15 release (or any successor \n publication).''; and\n (3) in the table of contents for chapter 2 of such Act, by \n inserting after the item relating to section 125 the following:\n\n``126. Consideration of Federal pensions in extensions of credit''.\n\nSEC. 3. CLARIFICATION OF ASSIGNMENTS; PRIVATE RIGHTS OF ACTIONS.\n\n (a) Veterans Benefits.--Section 5301 of title 38, United States \nCode, is amended by adding at the end the following:\n ``(f) Private Right of Action.--\n ``(1) In general.--A benefit recipient may bring an action \n against a pension assignee in the appropriate Federal or State \n court and recover--\n ``(A) three times the damages suffered due to the \n assignment made in violation of this section;\n ``(B) court costs; and\n ``(C) reasonable attorneys' fees and expenses.\n ``(2) Definitions.--For purposes of this subsection:\n ``(A) Benefit recipient.--The term `benefit \n recipient' means a person with respect to which \n payments of benefits described under this section are \n due or are to become due.\n ``(B) Pension assignee.--With respect to a benefit \n recipient, the term `pension assignee' means a person \n who has been assigned the benefits of the benefit \n recipient in violation of this section.''.\n (b) Military Retired Pay.--Section 701 of title 37, United States \nCode, is amended by adding at the end the following:\n ``(f) Clarification on Non-Assignment of Retired Pay for Enlisted \nMembers.--\n ``(1) In general.--For purposes of this subsection (c), in \n any case where an enlisted member is entitled to retired pay \n and enters into an agreement with another person under which \n agreement such other person acquires for consideration the \n right to receive payment of such retired pay, whether by \n payment from the member to such other person, deposit into an \n account from which such other person may make withdrawals, or \n otherwise, such agreement shall be deemed to be an assignment \n and is prohibited. Any agreement or arrangement for collateral \n for security for an agreement that is prohibited under the \n previous sentence is also prohibited.\n ``(2) Private right of action.--\n ``(A) In general.--A retired pay recipient may \n bring an action against a retired pay assignee in the \n appropriate Federal or State court and recover--\n ``(i) three times the damages suffered due \n to the assignment of retired pay made in \n violation of this section;\n ``(ii) court costs; and\n ``(iii) reasonable attorneys' fees and \n expenses.\n ``(B) Definitions.--For purposes of this \n subsection:\n ``(i) Retired pay recipient.--The term \n `retired pay recipient' means a person with \n respect to which retired pay described under \n this section is due or is to become due.\n ``(ii) Retired pay assignee.--With respect \n to a retired pay recipient, the term `retired \n pay assignee' means a person who has been \n assigned or allotted the retired pay of the \n retired pay recipient in violation of this \n section.''.\n (c) CSRS Annuities.--Section 8345(h) of title 5, United States \nCode, is amended to read as follows:\n ``(h) Non-Assignment of Annuities.--\n ``(1) In general.--An individual entitled to an annuity \n from the Fund may not make allotments or assignments of amounts \n from such annuity.\n ``(2) Construction.--For purposes of this subsection--\n ``(A) in any case where an individual entitled to \n an annuity from the Fund enters into an agreement with \n another person under which agreement such other person \n acquires for consideration the right to receive payment \n of such annuity, whether by payment from the individual \n to such other person, deposit into an account from \n which such other person may make withdrawals, or \n otherwise, such agreement shall be deemed to be an \n assignment and is prohibited; and\n ``(B) any agreement or arrangement for collateral \n for security for an agreement that is prohibited under \n subparagraph (A) is also prohibited.\n ``(3) Exception.--Paragraphs (1) and (2) shall not apply to \n amounts used to pay dues to unions or other employee \n organizations.\n ``(4) Private right of action.--\n ``(A) In general.--An annuity recipient may bring \n an action against an annuity assignee in the \n appropriate Federal or State court and recover--\n ``(i) three times the damages suffered due \n to the assignment made in violation of this \n subsection or the regulations issued pursuant \n to this subsection;\n ``(ii) court costs; and\n ``(iii) reasonable attorneys' fees and \n expenses.\n ``(B) Definitions.--For purposes of this paragraph:\n ``(i) Annuity assignee.--With respect to an \n annuity recipient, the term `annuity assignee' \n means a person who has been assigned or \n allotted all or part of an annuity from the \n Fund in violation of this subsection or the \n regulations issued pursuant to this subsection.\n ``(ii) Annuity recipient.--The term \n `annuity recipient' means an individual \n entitled to an annuity from the Fund.''.\n (d) FERS Annuities.--Section 8465(b) of title 5, United States \nCode, is amended to read as follows:\n ``(b) Non-Assignment of Annuities.--\n ``(1) In general.--An individual entitled to an annuity \n from the Fund may not make allotments or assignments of amounts \n from such annuity.\n ``(2) Construction.--For purposes of this subsection--\n ``(A) in any case where an individual entitled to \n an annuity from the Fund enters into an agreement with \n another person under which agreement such other person \n acquires for consideration the right to receive payment \n of such annuity, whether by payment from the individual \n to such other person, deposit into an account from \n which such other person may make withdrawals, or \n otherwise, such agreement shall be deemed to be an \n assignment and is prohibited; and\n ``(B) any agreement or arrangement for collateral \n for security for an agreement that is prohibited under \n subparagraph (A) is also prohibited.\n ``(3) Exception.--Paragraphs (1) and (2) shall not apply to \n amounts used to pay dues to unions or other employee \n organizations.\n ``(4) Private right of action.--\n ``(A) In general.--An annuity recipient may bring \n an action against an annuity assignee in the \n appropriate Federal or State court and recover--\n ``(i) three times the damages suffered due \n to the assignment made in violation of this \n subsection or the regulations issued pursuant \n to this subsection;\n ``(ii) court costs; and\n ``(iii) reasonable attorneys' fees and \n expenses.\n ``(B) Definitions.--For purposes of this paragraph:\n ``(i) Annuity assignee.--With respect to an \n annuity recipient, the term `annuity assignee' \n means a person who has been assigned or \n allotted all or part of an annuity from the \n Fund in violation of this subsection or the \n regulations issued pursuant to this subsection.\n ``(ii) Annuity recipient.--The term \n `annuity recipient' means an individual \n entitled to an annuity from the Fund.''.\n\nSEC. 4. BUREAU OF CONSUMER FINANCIAL PROTECTION PROVISIONS.\n\n (a) Regulation of Federal or Military Pension-Related Products.--\nSection 1032(f) of the Consumer Financial Protection Act of 2010 (12 \nU.S.C. 5532(f)) is amended by adding at the end the following:\n ``(g) Regulation of Federal or Military Pension-Related Products.--\n ``(1) In general.--The Bureau shall issue regulations to \n require a person offering a Federal or military pension-related \n product to provide additional disclosures when advertising or \n selling such product, sufficient to allow consumers to \n understand how their pension relates to the product.\n ``(2) Definitions defined.--For purposes of this \n subsection:\n ``(A) Federal or military pension.--The term \n `Federal or military pension' means--\n ``(i) a benefit described under section \n 5301(a) of title 38, United States Code;\n ``(ii) retired pay to an enlisted member of \n the Army, Navy, Air Force, or Marine Corps; and\n ``(iii) an annuity described under section \n 8345 or 8465 of title 5, United States Code.\n ``(B) Federal or military pension-related \n product.--The term `Federal or military pension-related \n product' means a financial product or service related \n to a Federal or military pension, including any \n extension of credit if the creditor, when determining a \n consumer's ability to repay the extension of credit, \n takes the pension into consideration.''.\n (b) Study by the Bureau.--\n (1) In general.--The Bureau of Consumer Financial \n Protection shall carry out a study of financial products and \n services that target military retirees and Federal employee \n retirees.\n (2) Report.--Not later than the end of the 3-month period \n beginning on the date of the enactment of this Act, the Bureau \n shall issue a report to the Congress containing all findings \n and determinations made in carrying out the study required \n under this subsection.","summary":"Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 - Amends the Truth in Lending Act to direct the Bureau of Consumer Financial Protection (CFPB) to issue regulations requiring any payment to a recipient of a federal or military pension that diminishes the benefit recipient's ability to control payments from such pension to be treated as an extension of credit. Requires financial institutions to include the terms of such credit in consumer information disclosures. Prohibits the annual percentage rate of interest on such arrangements from exceeding the federal funds rate plus 6 or an equivalent aggregate amount of cash and property. Specifies conditions under which payment of consideration in exchange for the retired pay of enlisted military members is prohibited from assignment under veterans' benefits laws. Prohibits individuals from making allotments or assignments from annuities under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including any agreement under which another person acquires for consideration the right to receive payment from such annuities as well as any arrangement for collateral for security for such an agreement. Exempts union dues or payments to employee organizations from such prohibitions. Authorizes benefit recipients, individuals entitled to military retired pay, and annuity recipients to bring a private legal action in federal or state court against an assignee engaging in prohibited assignments. Amends the Consumer Financial Protection Act of 2010 to direct the CFPB to issue regulations requiring persons offering federal or military pension-related products to provide additional disclosures when advertising or selling such products to allow consumers to understand how their pension relates to the product.","title":"ASSURE Act of 2013","text_len":14118,"sum_len":1855} {"bill_id":"103_s467","text":"SECTION 1. SHORT TITLE; AMENDMENTS OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Natural Disaster \nTax Relief Act of 1993''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO \n REPLACE HOMES.\n\n (a) In General.--No additional tax shall be imposed under section \n72(t) of the Internal Revenue Code of 1986 on any distribution \ndescribed in subsection (b) to the extent such distribution is used, \nwithin 60 days of the distribution, to pay qualified acquisition costs \nwith respect to a principal residence of an eligible individual.\n (b) Distributions.--Subsection (a) shall apply to distributions--\n (1) from an individual retirement plan, or\n (2) from amounts attributable to employer contributions \n made pursuant to elective deferrals described in subparagraph \n (A) or (C) of section 402(g)(3) of the Internal Revenue Code of \n 1986 or section 501(c)(18)(D)(iii) of such Code.\n (c) Definitions and Special Rules.--\n (1) Eligible individual.--The term ``eligible individual'' \n means an individual--\n (A) who receives a distribution described in \n subsection (b), or who is the spouse, child, or \n grandchild of such individual, and\n (B) whose principal residence was destroyed or \n substantially damaged by Hurricane Andrew, Hurricane \n Iniki, or Typhoon Omar.\n (2) Qualified acquisition costs.--The term ``qualified \n acquisition costs'' means the costs of acquiring, constructing, \n or reconstructing a residence. Such term includes any usual or \n reasonable settlement, financing, or other closing costs.\n (3) Principal residence.--The term ``principal residence'' \n has the same meaning as when used in section 1034 of such Code.\n (4) Distributions allowed.--A distribution to which \n subsection (a) applies shall be treated as a distribution \n allowed under section 401(k)(2)(B)(i) or 403(b)(11) of such \n Code.\n (5) Transition.--In the case of any distribution before the \n date of the enactment of this Act, qualified acquisition costs \n paid within 90 days of such date shall be treated as paid \n within 60 days of the distribution.\n (d) Effective Date.--This section shall apply to distributions \nafter July 31, 1992.\n\nSEC. 3. SPECIAL RULE FOR INCLUSION OF CROP PROCEEDS OF CERTAIN DISASTER \n VICTIMS.\n\n (a) In General.--If, for the taxpayer's taxable year which includes \nthe designation date described in subsection (b), the taxpayer has \nincome derived from the sale or exchange of crops grown in a qualified \ndisaster area, the taxpayer may elect to include such income for the \ntaxable year following the taxable year in which such sale or exchange \noccurs.\n (b) Qualified Disaster Area.--For purposes of subsection (a), the \nterm ``qualified disaster area'' means an area designated by the \nPresident of the United States to warrant assistance by the Federal \nGovernment under the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act by reason of Hurricane Andrew, Hurricane Iniki, or \nTyphoon Omar.\n (c) Limitation.--Subsection (a) shall apply only to a taxpayer \nwhose principal trade or business is farming (within the meaning of \nsection 6420(c)(3) of the Internal Revenue Code of 1986).\n (d) Special Rules for Self-Employment Tax.--If, for any taxable \nyear, a taxpayer includes in gross income any amounts which, but for \nsubsection (a), would have been included in gross income for the \npreceding taxable year, then the applicable contribution base for \npurposes of section 1402(b) of such Code for the taxable year of \ninclusion shall be increased by the lesser of--\n (1) the applicable contribution base for the preceding \n taxable year, reduced by the self-employment income of the \n taxpayer for the preceding taxable year, or\n (2) the amounts so included in gross income for the taxable \n year of inclusion.\n (e) Effective Date.--The provisions of this section shall apply to \ntaxable years ending after December 31, 1991.\n\nSEC. 4. MODIFICATION OF INVOLUNTARY CONVERSION RULES FOR CERTAIN \n DISASTER-RELATED CONVERSIONS.\n\n (a) In General.--Section 1033 (relating to involuntary conversions) \nis amended by redesignating subsection (h) as subsection (i) and by \ninserting after subsection (g) the following new subsection:\n ``(h) Special Rules for Principal Residences Damaged by \nPresidentially Declared Disasters.--\n ``(1) In general.--If the taxpayer's principal residence or \n any of its contents is compulsorily or involuntarily converted \n as a result of a Presidentially declared disaster--\n ``(A) Treatment of insurance proceeds.--\n ``(i) Exclusion for unscheduled personal \n property.--No gain shall be recognized by \n reason of the receipt of any insurance proceeds \n for personal property which was part of such \n contents and which was not scheduled property \n for purposes of such insurance.\n ``(ii) Other proceeds treated as common \n fund.--In case of any insurance proceeds (not \n described in clause (i)) for such residence or \n contents--\n ``(I) such proceeds shall be \n treated as received for the conversion \n of a single item of property, and\n ``(II) any property which is \n similar or related in service or use to \n the residence so converted (or contents \n thereof) shall be treated for purposes \n of subsection (a)(2) as property \n similar or related in service or use to \n such single item of property.\n ``(B) Extension of replacement period.--Subsection \n (a)(2)(B) shall be applied with respect to any property \n so converted by substituting `4 years' for `2 years'.\n ``(2) Presidentially declared disaster.--For purposes of \n this subsection, the term `Presidentially declared disaster' \n means any disaster which, with respect to the area in which the \n residence is located, resulted in a subsequent determination by \n the President that such area warrants assistance by the Federal \n Government under the Robert T. Stafford Disaster Relief and \n Emergency Assistance Act.\n ``(3) Principal residence.--For purposes of this \n subsection, the term `principal residence' has the same meaning \n as when used in section 1034, except that no ownership \n requirement shall be imposed.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to property compulsorily or involuntarily converted as a result \nof disasters for which the determination referred to in section \n1033(h)(2) of the Internal Revenue Code of 1986 (as added by this \nsection) is made on or after September 1, 1991, and to taxable years \nending on or after such date.\n\nSEC. 5. APPLICATION OF LOW-INCOME HOUSING CREDITS AND MORTGAGE REVENUE \n BONDS TO NATURAL DISASTER AREAS.\n\n (a) Low-Income Housing Credits.--\n (1) Waiver of 24-month completion requirement.--In the case \n of any qualified building located in a qualified disaster area \n with respect to which a low-income housing allocation is made \n before the occurrence of the natural disaster, the Secretary \n may extend the period described in section 42(h)(1)(E)(i) of \n the Internal Revenue Code of 1986 to not later than the close \n of the fourth calendar year following the calendar year in \n which the allocation is made.\n (2) Waiver of written income verification requirement.--\n (A) In general.--With respect to any occupant of a \n low-income unit in any qualified low-income building \n located in a qualified disaster area or any such \n occupant in any other qualified low-income building who \n immediately prior to such occupation resided in a \n qualified disaster area, the Secretary may waive the \n requirements of paragraphs (1) and (2) of section 42(l) \n of such Code regarding occupant income information \n until such information is reasonably obtainable.\n (B) Discovery of ineligibility.--If upon receipt of \n occupant income information the income of any occupant \n of a low-income unit in the building is determined to \n exceed the income limitation under section 42(g) of \n such Code, such unit shall continue to be treated as a \n low-income unit if no subsequently available \n residential rental unit in the building is occupied by \n a new resident whose income exceeds such income \n limitation and such occupant vacates the unit upon the \n later of the lease termination or 30 days after receipt \n of such information by the Secretary.\n (3) Waiver of tenant income limitations.--With respect to \n any tenant occupying a unit in a qualified low-income housing \n project located in a qualified disaster area who relocates to \n any other unit of a qualified low-income housing project, the \n Secretary may waive the income limitation of subparagraph (A) \n or (B) of section 42(g)(1) of such Code if the income of such \n tenant does not exceed 140 percent of such income limitation.\n (4) Waiver of 6-month residence requirement.--With respect \n to any unit in a building located in a qualified disaster area \n or any unit occupied by individuals who immediately prior to \n such occupation resided in a qualified disaster area, the \n Secretary may waive the requirement of clause (i) of section \n 42(i)(3)(B) of such Code and allow the use of such unit on a \n transient basis.\n (5) Waiver on 10-year rule for existing buildings.--The \n Secretary may waive the requirement of subparagraph (B)(ii) of \n section 42(d)(2) of such Code with respect to any building \n located in a qualified disaster area.\n (6) Waiver of the national pool allocation.--The Secretary \n may modify the formula described in the penultimate sentence of \n section 42(h)(3)(D)(iii) of such Code for any calendar year \n with respect to the allocation to any qualified State in which \n is located a qualified disaster area to increase such \n allocation to take into account the effects of such disaster.\n (7) Effective date.--This subsection shall take effect on \n July 1, 1992.\n (b) Waiver of Dollar Limitation for Home Improvement Loans for \nResidences in Qualified Disaster Areas.--The $15,000 limitation \nspecified in the last sentence of section 143(k)(4) of such Code shall \nnot apply to any loan for residences located in a qualified disaster \narea if such loan is made on or after June 30, 1992, and before January \n1, 1994.\n (c) Qualified Disaster Area.--For purposes of this section, the \nterm ``qualified disaster area'' means an area designated by the \nPresident of the United States to warrant assistance by the Federal \nGovernment under the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act by reason of Hurricane Andrew, Hurricane Iniki, or \nTyphoon Omar.","summary":"Natural Disaster Tax Relief Act of 1993 - Amends the Internal Revenue Code to allow penalty-free distributions from individual retirement plans to pay acquisition costs to replace a principal residence that was destroyed or substantially damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Allows a farmer who has income derived from the sale or exchange of crops grown in such disaster areas, to elect to defer such income for the next taxable year. Provides a special rule for the self-employment tax. Requires the nonrecognition of gain of insurance proceeds for the contents of principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence so converted from two years to four years. Waives certain requirements with respect to low-income housing in areas damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Waives the dollar limitation for home improvement loans through mortgage revenue bonds for residences in such disaster areas.","title":"Natural Disaster Tax Relief Act of 1993","text_len":12474,"sum_len":1197} {"bill_id":"112_s1534","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Identify Theft and Tax Fraud \nPrevention Act''.\n\nSEC. 2. CRIMINAL PENALTY FOR USING A FALSE IDENTITY IN CONNECTION WITH \n TAX FRAUD.\n\n (a) In General.--Section 7207 of the Internal Revenue Code of 1986 \nis amended--\n (1) by striking ``Any person who willfully'' and inserting \n the following:\n ``(a) In General.--Any person who willfully'',\n (2) by striking ``Any person required'' and inserting the \n following:\n ``(b) Information in Connection With Certain Exempt \nOrganizations.--Any person required'', and\n (3) by adding at the end the following:\n ``(c) Misappropriation of Identity.--Any person who knowingly or \nwillfully misappropriates another person's tax identification number in \nconnection with any list, return, account, statement, or other document \nsubmitted to the Secretary shall be fined not less than $25,000 \n($200,000 in the case of a corporation), or imprisoned not more than 5 \nyears, or both, together with the costs of prosecution.''.\n (b) Effective Date.--The amendments made by this section shall \napply to returns and information submitted after the date of the \nenactment of this Act.\n\nSEC. 3. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION \n BY PREPARERS OF RETURNS.\n\n (a) In General.--Section 6713(a) of the Internal Revenue Code of \n1986 is amended--\n (1) by striking ``$250'' and inserting ``$1,000'', and\n (2) by striking ``$10,000'' and inserting ``$50,000''.\n (b) Criminal Penalty.--Section 7216(a) of the Internal Revenue Code \nof 1986 is amended by striking ``$1,000'' and inserting ``$100,000''.\n (c) Effective Date.--The amendments made by this section shall \napply to disclosures or uses after the date of the enactment of this \nAct.\n\nSEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of the Treasury (or the \nSecretary's delegate) shall implement an identify theft tax fraud \nprevention program under which--\n (1) a person who has filed an identity theft affidavit with \n the Secretary may elect--\n (A) to be provided with a unique personal \n identification number to be included on any Federal tax \n return filed by such person, or\n (B) to prevent the processing of any Federal tax \n return submitted in an electronic format by a person \n purporting to be such person, and\n (2) the Secretary will provide additional identity \n verification safeguards for the processing of any Federal tax \n return filed by a person described in paragraph (1) in cases \n where a unique personal identification number is not included \n on the return.\n\nSEC. 5. AUTHORITY TO TRANSFER INTERNAL REVENUE SERVICE APPROPRIATIONS \n TO USE FOR TAX FRAUD ENFORCEMENT.\n\n For any fiscal year, the Commissioner of Internal Revenue may \ntransfer not more than $10,000,000 to the ``Enforcement'' account of \nthe Internal Revenue Service from amounts appropriated to other \nInternal Revenue Service accounts. Any amounts so transferred shall be \nused solely for the purposes of preventing and resolving potential \ncases of tax fraud.\n\nSEC. 6. LOCAL LAW ENFORCEMENT LIAISON.\n\n (a) Establishment.--The Commissioner of Internal Revenue shall \nestablish within the Criminal Investigation Division of the Internal \nRevenue Service the position of Local Law Enforcement Liaison.\n (b) Duties.--The Local Law Enforcement Liaison shall--\n (1) coordinate the investigation of tax fraud with State \n and local law enforcement agencies;\n (2) communicate the status of tax fraud cases involving \n identity theft, and\n (3) carry out such other duties as delegated by the \n Commissioner of Internal Revenue.\n\nSEC. 7. REPORT ON TAX FRAUD.\n\n Subsection (a) of section 7803 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new paragraph:\n ``(4) Annual report on tax fraud.--The Commissioner shall \n submit to the Committee on Finance of the Senate and the \n Committee on Ways and Means of the House or Representatives an \n annual report detailing--\n ``(A) the number of reports of tax fraud and \n suspected tax fraud received from State and local law \n enforcement agencies in the preceding year, and\n ``(B) the actions taken in response to such \n reports.''.\n\nSEC. 8. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX \n PREPARATION SOFTWARE IN TAX FRAUD.\n\n (a) In General.--The Comptroller General shall conduct a study to \nexamine the role of prepaid debit cards and commercial tax preparation \nsoftware in facilitating fraudulent tax returns through identity theft.\n (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Comptroller General shall submit to the Committee on \nFinance of the Senate and the Committee on Ways and Means of the House \nof Representatives a report with the results of the study conducted \nunder subsection (a), together with any recommendations.\n\nSEC. 9. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.\n\n (a) In General.--The Secretary of Commerce shall not disclose \ninformation contained on the Death Master File to any person with \nrespect to any individual who has died at any time during the calendar \nyear in which the request for disclosure is made or the succeeding \ncalendar year unless such person is certified under the program \nestablished under subsection (b).\n (b) Certification Program.--\n (1) In general.--The Secretary of Commerce shall establish \n a program to certify persons who are eligible to access the \n information described in subsection (a) contained on the Death \n Master File.\n (2) Certification.--A person shall not be certified under \n the program established under paragraph (1) unless the \n Secretary determines that such person has a legitimate fraud \n prevention interest in accessing the information described in \n subsection (a).\n (c) Imposition of Penalty.--Any person who is certified under the \nprogram established under subsection (b), who receives information \ndescribed in subsection (a), and who during the period of time \ndescribed in subsection (a)--\n (1) discloses such information to any other person, or\n (2) uses any such information for any purpose other than to \n detect or prevent fraud,\nshall pay a penalty of $1,000 for each such disclosure or use, but the \ntotal amount imposed under this subsection on such a person for any \ncalendar year shall not exceed $50,000.\n (d) Exemption From Freedom of Information Act Requirement With \nRespect to Certain Records of Deceased Individuals.--\n (1) In general.--The Social Security Administration shall \n not be compelled to disclose to any person who is not certified \n under the program established under section 9(b) the \n information described in section 9(a).\n (2) Treatment of information.--For purposes of section 552 \n of title 5, United States Code, this section shall be \n considered a statute described in subsection (b)(3)(B) of such \n section 552.\n\nSEC. 10. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION \n TO PRISON OFFICIALS.\n\n (a) In General.--Section 6103(k)(10) of the Internal Revenue Code \nof 1986 is amended by striking subparagraph (D).\n (b) Report From Federal Bureau of Prisons.--Not later than 6 months \nafter the date of the enactment of this Act, the head of the Federal \nBureau of Prisons shall submit to Congress a detailed plan on how it \nwill use the information provided from the Secretary of Treasury under \nsection 6103(k)(10) of the Internal Revenue Code of 1986 to reduce \nprison tax fraud.\n (c) Sense of Senate Regarding State Prison Authorities.--It is the \nsense of the Senate that the heads of State agencies charged with the \nadministration of prisons should--\n (1) develop plans for using the information provided by the \n Secretary of Treasury under section 6103(k)(10) of the Internal \n Revenue Code of 1986 to reduce prison tax fraud, and\n (2) coordinate with the Internal Revenue Service with \n respect to the use of such information.\n\nSEC. 11. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT \n TO IDENTITY THEFT.\n\n (a) Review.--\n (1) In general.--The Secretary of the Treasury (or the \n Secretary's delegate) shall review whether current federal tax \n laws and regulations related to the confidentiality and \n disclosure of return information prevent the effective \n enforcement of local, State, and federal identity theft \n statutes. The review shall consider whether greater information \n sharing between the Internal Revenue Service and State and \n local law enforcement authorities would improve the enforcement \n of criminal laws at all levels of government.\n (2) Consultation.--In conducting the review under paragraph \n (1), the Secretary shall solicit the views of, and consult \n with, State and local law enforcement officials.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit a report with the results of the \nreview conducted under subsection (a), along with any legislative \nrecommendations, to the Committee on Finance of the Senate and the \nCommittee on Ways and Means of the House of Representatives.","summary":"Identify sic Theft and Tax Fraud Prevention Act - Amends the Internal Revenue Code to: (1) impose a fine andor prison term on any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Internal Revenue Service (IRS). (2) increase the civil and criminal penalties for improper disclosure or use of taxpayer information by tax return preparers. (3) require the Commissioner of Internal Revenue to submit to the Senate Committee on Finance and the House Committee on Ways and Means an annual report on the number of reported cases of tax fraud and suspected tax fraud and the actions taken in response to such reports. And (4) require the head of the Federal Bureau of Prisons to submit to Congress a detailed plan on how it will use tax information provided by the IRS to reduce prison tax fraud. Directs the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program. And (2) review whether current federal tax law prevents the effective enforcement of local, state, and federal identity theft statutes. Authorizes the Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential tax fraud cases. Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies and communicate the status of tax fraud cases involving identity theft. Directs the Comptroller General to study and report on the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information.","title":"A bill to prevent identity theft and tax fraud.","text_len":9974,"sum_len":1972} {"bill_id":"114_s903","text":"SECTION 1. AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.\n\n (a) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Amendment of 1986 Code; table of contents.\n TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT\n\nSec. 101. Filing period for interest abatement cases.\nSec. 102. Small tax case election for interest abatement cases.\nSec. 103. Venue for appeal of spousal relief and collection cases.\nSec. 104. Suspension of running of period for filing petition of \n spousal relief and collection cases.\nSec. 105. Application of Federal rules of evidence.\n TITLE II--UNITED STATES TAX COURT ADMINISTRATION\n\nSec. 201. Judicial conduct and disability procedures.\nSec. 202. Administration, judicial conference, and fees.\n TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT\n\nSec. 301. Clarification relating to United States Tax Court.\n\n TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT\n\nSEC. 101. FILING PERIOD FOR INTEREST ABATEMENT CASES.\n\n (a) In General.--Subsection (h) of section 6404 is amended--\n (1) by striking ``Review of Denial'' in the heading and \n inserting ``Judicial Review'', and\n (2) by striking ``if such action is brought'' and all that \n follows in paragraph (1) and inserting ``if such action is \n brought--\n ``(A) at any time after the earlier of--\n ``(i) the date of the mailing of the \n Secretary's final determination not to abate \n such interest, or\n ``(ii) the date which is 180 days after the \n date of the filing with the Secretary (in such \n form as the Secretary may prescribe) of a claim \n for abatement under this section, and\n ``(B) not later than the date which is 180 days \n after the date described in subparagraph (A)(i).''.\n (b) Effective Date.--The amendments made by this section shall \napply to claims for abatement of interest filed with the Secretary of \nthe Treasury after the date of the enactment of this Act.\n\nSEC. 102. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT CASES.\n\n (a) In General.--Subsection (f) of section 7463 is amended--\n (1) by striking ``and'' at the end of paragraph (1),\n (2) by striking the period at the end of paragraph (2) and \n inserting ``, and'', and\n (3) by adding at the end the following new paragraph:\n ``(3) a petition to the Tax Court under section 6404(h) in \n which the amount of the abatement sought does not exceed \n $50,000.''.\n (b) Effective Date.--The amendments made by this section shall \napply to cases pending as of the day after the date of the enactment of \nthis Act, and cases commenced after such date of enactment.\n\nSEC. 103. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.\n\n (a) In General.--Paragraph (1) of section 7482(b) is amended--\n (1) by striking ``or'' at the end of subparagraph (E),\n (2) by striking the period at the end of subparagraph (F) \n and inserting a comma, and\n (3) by inserting after subparagraph (F) the following new \n subparagraphs:\n ``(G) in the case of a petition under section \n 6015(e), the legal residence of the petitioner, or\n ``(H) in the case of a petition under section 6320 \n or 6330--\n ``(i) the legal residence of the petitioner \n if the petitioner is an individual, and\n ``(ii) the principal place of business or \n principal office or agency if the petitioner is \n an entity other than an individual.''.\n (b) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to petitions filed after the date of enactment of this \n Act.\n (2) Effect on existing proceedings.--Nothing in this \n section shall be construed to create any inference with respect \n to the application of section 7482 of the Internal Revenue Code \n of 1986 with respect to court proceedings filed on or before \n the date of the enactment of this Act.\n\nSEC. 104. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF \n SPOUSAL RELIEF AND COLLECTION CASES.\n\n (a) Petitions for Spousal Relief.--\n (1) In general.--Subsection (e) of section 6015 is amended \n by adding at the end the following new paragraph:\n ``(6) Suspension of running of period for filing petition \n in title 11 cases.--In the case of a person who is prohibited \n by reason of a case under title 11, United States Code, from \n filing a petition under paragraph (1)(A) with respect to a \n final determination of relief under this section, the running \n of the period prescribed by such paragraph for filing such a \n petition with respect to such final determination shall be \n suspended for the period during which the person is so \n prohibited from filing such a petition, and for 60 days \n thereafter.''.\n (2) Effective date.--The amendment made by this subsection \n shall apply to petitions filed under section 6015(e) of the \n Internal Revenue Code of 1986 after the date of the enactment \n of this Act.\n (b) Collection Proceedings.--\n (1) In general.--Subsection (d) of section 6330 is \n amended--\n (A) by striking ``appeal such determination to the \n Tax Court'' in paragraph (1) and inserting ``petition \n the Tax Court for review of such determination'',\n (B) by striking ``Judicial review of \n determination'' in the heading of paragraph (1) and \n inserting ``Petition for review by tax court'',\n (C) by redesignating paragraph (2) as paragraph \n (3), and\n (D) by inserting after paragraph (1) the following \n new paragraph:\n ``(2) Suspension of running of period for filing petition \n in title 11 cases.--In the case of a person who is prohibited \n by reason of a case under title 11, United States Code, from \n filing a petition under paragraph (1) with respect to a \n determination under this section, the running of the period \n prescribed by such subsection for filing such a petition with \n respect to such determination shall be suspended for the period \n during which the person is so prohibited from filing such a \n petition, and for 30 days thereafter, and''.\n (2) Effective date.--The amendments made by this subsection \n shall apply to petitions filed under section 6330 of the \n Internal Revenue Code of 1986 after the date of the enactment \n of this Act.\n (c) Conforming Amendment.--Subsection (c) of section 6320 is \namended by striking ``(2)(B)'' and inserting ``(3)(B)''.\n\nSEC. 105. APPLICATION OF FEDERAL RULES OF EVIDENCE.\n\n (a) In General.--Section 7453 is amended by striking ``the rules of \nevidence applicable in trials without a jury in the United States \nDistrict Court of the District of Columbia'' and inserting ``the \nFederal Rules of Evidence''.\n (b) Effective Date.--The amendment made by this section shall apply \nto proceedings commenced after the date of the enactment of this Act \nand, to the extent that it is just and practicable, to all proceedings \npending on such date.\n\n TITLE II--UNITED STATES TAX COURT ADMINISTRATION\n\nSEC. 201. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.\n\n (a) In General.--Part II of subchapter C of chapter 76 is amended \nby adding at the end the following new section:\n\n``SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.\n\n ``(a) In General.--The Tax Court shall prescribe rules, consistent \nwith the provisions of chapter 16 of title 28, United States Code, \nestablishing procedures for the filing of complaints with respect to \nthe conduct of any judge or magistrate judge of the Tax Court and for \nthe investigation and resolution of such complaints. In investigating \nand taking action with respect to any such complaint, the Tax Court \nshall have the powers granted to a judicial council under such chapter.\n ``(b) Judicial Council.--The provisions of sections 354(b) through \n360 of title 28, United States Code, regarding referral or \ncertification to, and petition for review in the Judicial Conference of \nthe United States, and action thereon, shall apply to the exercise by \nthe Tax Court of the powers of a judicial council under subsection (a). \nThe determination pursuant to section 354(b) or 355 of title 28, United \nStates Code, shall be made based on the grounds for removal of a judge \nfrom office under section 7443(f), and certification and transmittal by \nthe Conference of any complaint shall be made to the President for \nconsideration under section 7443(f).\n ``(c) Hearings.--\n ``(1) In general.--In conducting hearings pursuant to \n subsection (a), the Tax Court may exercise the authority \n provided under section 1821 of title 28, United States Code, to \n pay the fees and allowances described in that section.\n ``(2) Reimbursement for expenses.--The Tax Court shall have \n the power provided under section 361 of such title 28 to award \n reimbursement for the reasonable expenses described in that \n section. Reimbursements under this paragraph shall be made out \n of any funds appropriated for purposes of the Tax Court.''.\n (b) Clerical Amendment.--The table of sections for part II of \nsubchapter C of chapter 76 is amended by adding at the end the \nfollowing new item:\n\n``Sec. 7466. Judicial conduct and disability procedures.''.\n (c) Effective Date.--The amendments made by this section shall \napply to proceedings commenced after the date which is 180 days after \nthe date of the enactment of this Act and, to the extent just and \npracticable, all proceedings pending on such date.\n\nSEC. 202. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES.\n\n (a) In General.--Part III of subchapter C of chapter 76 is amended \nby inserting before section 7471 the following new sections:\n\n``SEC. 7470. ADMINISTRATION.\n\n ``Notwithstanding any other provision of law, the Tax Court may \nexercise, for purposes of management, administration, and expenditure \nof funds of the Court, the authorities provided for such purposes by \nany provision of law (including any limitation with respect to such \nprovision of law) applicable to a court of the United States (as that \nterm is defined in section 451 of title 28, United States Code), except \nto the extent that such provision of law is inconsistent with a \nprovision of this subchapter.\n\n``SEC. 7470A. JUDICIAL CONFERENCE.\n\n ``(a) Judicial Conference.--The chief judge may summon the judges \nand magistrate judges of the Tax Court to an annual judicial \nconference, at such time and place as the chief judge shall designate, \nfor the purpose of considering the business of the Tax Court and \nrecommending means of improving the administration of justice within \nthe jurisdiction of the Tax Court. The Tax Court shall provide by its \nrules for representation and active participation at such conferences \nby persons admitted to practice before the Tax Court and by other \npersons active in the legal profession.\n ``(b) Registration Fee.--The Tax Court may impose a reasonable \nregistration fee on persons (other than judges and magistrate judges of \nthe Tax Court) participating at judicial conferences convened pursuant \nto subsection (a). Amounts so received by the Tax Court shall be \navailable to the Tax Court to defray the expenses of such \nconferences.''.\n (b) Disposition of Fees.--Section 7473 is amended to read as \nfollows:\n\n``SEC. 7473. DISPOSITION OF FEES.\n\n ``Except as provided in sections 7470A and 7475, all fees received \nby the Tax Court pursuant to this title shall be deposited into a \nspecial fund of the Treasury to be available to offset funds \nappropriated for the operation and maintenance of the Tax Court.''.\n (c) Clerical Amendments.--The table of sections for part III of \nsubchapter C of chapter 76 is amended by inserting before the item \nrelating to section 7471 the following new items:\n\n``Sec. 7470. Administration.\n``Sec. 7470A. Judicial conference.''.\n\n TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT\n\nSEC. 301. CLARIFICATION RELATING TO UNITED STATES TAX COURT.\n\n Section 7441 is amended by adding at the end the following: ``The \nTax Court is not an agency of, and shall be independent of, the \nexecutive branch of the Government.''.\n ","summary":"This bill amends the Internal Revenue Code to modify the rules and administrative provisions governing the US Tax Court, a court established under Article I of the Constitution. TITLE I TAXPAYER ACCESS TO UNITED STATES TAX COURT This section changes the period for filing an action in the Tax Court for review of a denial by the Department of the Treasury of a request to abate interest. The action may be filed in Tax Court at any time after the earlier of the date of the mailing of Treasury's final determination not to abate such interest or the date that is 180 days after the filing of a claim for abatement, but not later that 180 days after Treasury's final determination. This section allows the filing of an action in Tax Court for review of a denial to abate interest not exceeding $50,000 as a small tax case, thus providing for expedited review. This section provides that: (1) venue in an innocent spouse relief petition is the legal residence of the petitioner. And (2) venue in a collection due process proceeding is the legal residence of an individual petitioner or the principal place of business or principal office or agency if the the petitioner is an entity other than an individual. An innocent spouse relief petition is a petition filed by a husband or wife claiming, in good faith, ignorance of violations of tax law by the other spouse , thus resulting in unexpected tax liability for the innocent spouse. This section provides for a suspension of the running of the period of limitations on filing petitions for innocent spouse relief and a collection due process hearing for taxpayers in bankruptcy who are prohibited from filing such petitions. This section makes the Federal Rules of Evidence applicable to proceedings of the Tax Court. TITLE II UNITED STATES TAX COURT ADMINISTRATION This section directs the Tax Court to prescribe rules for the filing of complaints with respect to the conduct of any judge or magistrate judge of the Court and for the investigation and resolution of such complaints. In investigating and taking action on any complaint, the Court shall have the powers granted to a judicial council under the federal judicial code. (Section202) This section grants the Tax Court the same management, administrative, and expenditure authority as is granted to other federal courts with general jurisdiction under Article III of the Constitution. The Chief Judge may summon the judges and magistrate judges of the Court to an annual judicial conference to consider the business of the Court and make recommendations to improve the administration of justice with the jurisdiction of the Court. The Court may impose a reasonable registration fee on persons, other than judges and magistrate judges, who attend the judicial conference to defray costs of the conference. All fees received by the Tax Court shall be deposited into a special fund of the Treasury and made available to offset funds appropriated for the operation and maintenance of the Court. TITLE III CLARIFICATION RELATING TO UNITED STATES TAX COURT This section declares that the Tax Court is not an agency of, and shall be independent of, the executive branch.","title":"An original bill to amend the Internal Revenue Code of 1986 to improve access and administration of the United States Tax Court.","text_len":13976,"sum_len":3173} {"bill_id":"108_s1613","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Independent Film and \nTelevision Production Incentive Act of 2003''.\n\nSEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND \n TELEVISION PRODUCTION.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION \n WAGE CREDIT.\n\n ``(a) Amount of Credit.--For purposes of section 38, the United \nStates independent film and television production wage credit \ndetermined under this section with respect to any eligible taxpayer for \nany taxable year is an amount equal to 25 percent of the qualified \nwages paid or incurred per qualified United States independent film and \ntelevision production during such taxable year.\n ``(b) Only First $25,000 of Wages per Production Taken Into \nAccount.--With respect to each qualified United States independent film \nand television production, the amount of qualified wages paid or \nincurred to each qualified employee or personal service corporation \nwhich may be taken into account per such production shall not exceed \n$25,000.\n ``(c) Eligible Taxpayer.--For purposes of this section, the term \n`eligible taxpayer' means any taxpayer substantially all of the total \ngross income of which for the taxable year is derived from the active \nconduct of qualified United States independent film and television \nproductions.\n ``(d) Qualified Wages.--For purposes of this section--\n ``(1) In general.--The term `qualified wages' means--\n ``(A) any wages paid or incurred by an employer for \n services performed in the United States by an employee \n while such employee is a qualified employee,\n ``(B) the employee fringe benefit expenses of the \n employer allocable to such services performed by such \n employee,\n ``(C) any payments made to personal service \n corporations as defined in section 269A(b)(1) for \n services performed in the United States, and\n ``(D) remuneration, other than wages, for services \n personally rendered in the United States.\n ``(2) Qualified employee.--\n ``(A) In general.--The term `qualified employee' \n means, with respect to any period, any individual who \n renders personal services if substantially all of such \n services are performed during such period in an \n activity related to any qualified United States \n independent film and television production.\n ``(B) Certain individuals not eligible.--Such term \n shall not include--\n ``(i) any individual described in \n subparagraph (A), (B), or (C) of section \n 51(i)(1), and\n ``(ii) any 5-percent owner (as defined in \n section 416(i)(1)(B)).\n ``(3) Coordination with other wage credits.--No credit \n shall be allowed under any other provision of this chapter for \n wages paid to any employee during any taxable year if the \n employer is allowed a credit under this section for any of such \n wages.\n ``(4) Wages.--The term `wages' has the same meaning as when \n used in section 51.\n ``(5) Employee fringe benefit expenses.--The term `employee \n fringe benefit expenses' means the amount allowable as a \n deduction under this chapter to the employer for any taxable \n year with respect to--\n ``(A) employer contributions under stock bonus, \n pension, profit-sharing, or annuity plan,\n ``(B) employer-provided coverage under any accident \n or health plan for employees, and\n ``(C) the cost of life or disability insurance \n provided to employees.\n Any amount treated as wages under paragraph (1)(A) shall not be \n taken into account under this subparagraph.\n ``(e) Qualified United States Independent Film and Television \nProduction.--For purposes of this section--\n ``(1) In general.--The term `qualified United States \n independent film and television production' means any \n production described in paragraph (2) if--\n ``(A) 75 percent of the total wages of the \n production are qualified wages,\n ``(B) the production is created primarily for use \n as public entertainment or for educational purposes, \n and\n ``(C) the total cost of the production which is \n taken into account for purposes of depreciation under \n section 167(g) is more than $200,000 but less than \n $7,500,000.\n ``(2) Production.--\n ``(A) In general.--A production is described in \n this paragraph if such production is--\n ``(i) any motion picture (whether released \n theatrically, for television or cable \n programming, or directly to video cassette or \n disc or any other format),\n ``(ii) any television or cable--\n ``(I) mini series,\n ``(II) season of an episodic \n television series,\n ``(III) movie of the week, or\n ``(IV) single program not described \n in any preceding subclause, or\n ``(iii) any pilot production for any of the \n productions described in clause (i) or (ii).\n ``(B) Exception.--A production is not described in \n this paragraph if records are required under section \n 2257 of title 18, United States Code, to be maintained \n with respect to any performer in such production \n (reporting of books, films, etc. with sexually explicit \n conduct).\n ``(3) Public entertainment.--The term `public \n entertainment' includes a motion picture film, video tape, or \n television program intended for initial broadcast via the \n public broadcast spectrum or delivered via cable distribution, \n or productions that are submitted to a national organization in \n existence on July 27, 2001, that rates films for violent or \n adult content. Such term does not include any film or tape the \n market for which is primarily topical, is otherwise essentially \n transitory in nature, or is produced for private noncommercial \n use.\n ``(f) Controlled Groups.--For purposes of this section--\n ``(1) all employers treated as a single employer under \n subsection (a) or (b) of section 52 shall be treated as a \n single employer for purposes of this subpart, and\n ``(2) the credit (if any) determined under this section \n with respect to each such employer shall be its proportionate \n share of the wages giving rise to such credit.\n ``(g) Application of Certain Other Rules.--For purposes of this \nsection, rules similar to the rules of section 51(k) and subsections \n(c) and (d) of section 52 shall apply.\n ``(h) Election To Have Credit Not Apply.--\n ``(1) In general.--A taxpayer may elect to have this \n section not apply for any taxable year.\n ``(2) Manner of making election.--An election under \n paragraph (1) (or revocation thereof) shall be made in such \n manner as the Secretary may by regulations prescribe.''.\n (b) Credit Treated as Business Credit.--Section 38(b) of the \nInternal Revenue Code of 1986 (relating to current year business \ncredit) is amended by striking ``plus'' at the end of paragraph (14), \nby striking the period at the end of paragraph (15) and inserting ``, \nplus'', and by adding at the end the following new paragraph:\n ``(16) the United States independent film and television \n production wage credit determined under section 45G(a).''.\n (c) No Carrybacks.--Subsection (d) of section 39 of the Internal \nRevenue Code of 1986 (relating to carryback and carryforward of unused \ncredits) is amended by adding at the end the following:\n ``(11) No carryback of section 45g credit before effective \n date.--No portion of the unused business credit for any taxable \n year which is attributable to the United States independent \n film and television production wage credit determined under \n section 45G may be carried back to a taxable year ending before \n January 1, 2004.''.\n (d) Denial of Double Benefit.--Subsection (a) of section 280C of \nthe Internal Revenue Code of 1986 (relating to certain expenses for \nwhich credits are available) is amended by inserting ``45G(a),'' after \n``45A(a),''.\n (e) Conforming Amendments.--\n (1) Section 6501(m) of the Internal Revenue Code of 1986 is \n amended by inserting ``45G(h),'' after ``45C(d)(4),''.\n (2) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 of such Code is amended by adding at \n the end the following new item:\n\n ``Sec. 45G. United States independent \n film and television production \n wage credit.''.\n (f) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years ending after \nDecember 31, 2003.","summary":"United States Independent Film and Television Production Incentive Act of 2003 - Amends the Internal Revenue Code to establish an annual tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred per qualified US independent film and television production.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a United States independent film and wage production credit.","text_len":10150,"sum_len":286} {"bill_id":"104_hr3198","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Geologic Mapping \nReauthorization Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in enacting the National Geologic Mapping Act of 1992 \n (43 U.S.C. 31a et seq.), Congress found, among other things, \n that--\n (A) during the 2 decades preceding enactment of \n that Act, the production of geologic maps had been \n drastically curtailed;\n (B) geologic maps are the primary data base for \n virtually all applied and basic earth-science \n investigations;\n (C) Federal agencies, State and local governments, \n private industry, and the general public depend on the \n information provided by geologic maps to determine the \n extent of potential environmental damage before \n embarking on projects that could lead to preventable, \n costly environmental problems or litigation;\n (D) the lack of proper geologic maps has led to the \n poor design of such structures as dams and waste-\n disposal facilities;\n (E) geologic maps have proven indispensable in the \n search for needed fossil fuel and mineral resources; \n and\n (F) a comprehensive nationwide program of geologic \n mapping is required in order to systematically build \n the Nation's geologic-map data base at a pace that \n responds to increasing demand;\n (2) the geologic mapping program called for by that Act has \n not been fully implemented; and\n (3) it is time for this important program to be fully \n implemented.\n\nSEC. 3. REAUTHORIZATION AND AMENDMENT.\n\n (a) Definitions.--Section 3 of the National Geologic Mapping Act of \n1992 (43 U.S.C. 31b) is amended--\n (1) by striking ``As used in this Act:'' and inserting ``In \n this Act:'';\n (2) by redesignating paragraphs (2), (3), (4), and (5) as \n paragraphs (3), (4), (5), and (6), respectively;\n (3) by inserting after paragraph (1) the following:\n ``(2) Association.--The term `Association' means the \n Association of American State Geologists.''; and\n (4) in each paragraph that does not have a heading, by \n inserting a heading, in the same style as the heading in \n paragraph (2), as added by paragraph (3), the text of which is \n comprised of the term defined in the paragraph.\n (b) Geologic Mapping Program.--Section 4 of the National Geologic \nMapping Act of 1992 (43 U.S.C. 31c) is amended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) Establishment.--\n ``(1) In general.--There is established a national \n cooperative geologic mapping program between the United States \n Geological Survey and the State geological surveys, acting \n through the Association.\n ``(2) Design, development, and administration.--The \n cooperative geologic mapping program shall be--\n ``(A) designed and administered to achieve the \n objectives set forth in subsection (c);\n ``(B) developed in consultation with the advisory \n committee; and\n ``(C) administered through the Survey.'';\n (2) in subsection (b)--\n (A) in the subsection heading by striking ``USGS'' \n and inserting ``the Survey'';\n (B) in paragraph (1)--\n (i) by single-indenting the paragraphs, \n double-indenting the subparagraphs, and triple \n indenting the clauses;\n (ii) by inserting ``Lead agency.--'' before \n ``The Survey'';\n (iii) in subparagraph (A)--\n (I) by striking ``Committee on \n Natural Resources'' and inserting \n ``Committee on Resources''; and\n (II) by striking ``date of \n enactment of this Act'' and inserting \n ``date of enactment of the National \n Geologic Mapping Reauthorization Act of \n 1996'';\n (iv) in subparagraph (B)--\n (I) by striking ``State geological \n surveys'' and inserting \n ``Association''; and\n (II) by striking ``date of \n enactment of this Act'' and inserting \n ``date of enactment of the National \n Geologic Mapping Reauthorization Act of \n 1996''; and\n (v) in subparagraph (C)--\n (I) by striking ``date of enactment \n of this Act'' and inserting ``date of \n enactment of the National Geologic \n Mapping Reauthorization Act of 1996'';\n (II) by striking ``Committee on \n Natural Resources'' and inserting \n ``Committee on Resources'';\n (III) in clauses (i) and (ii) by \n inserting ``and the Association'' after \n ``the Survey'';\n (IV) by adding ``and'' at the end \n of clause (ii); and\n (V) by striking ``; and'' at the \n end of clause (iii) and all that \n follows through the end of the \n subparagraph and inserting a period; \n and\n (C) in paragraph (2)--\n (i) by inserting ``Responsibilities of the \n secretary.--'' before ``In addition to''; and\n (ii) in subparagraph (A) by striking \n ``State geological surveys'' and inserting \n ``Association'';\n (3) in subsection (c)--\n (A) in paragraph (2) by striking ``interpretive'' \n and inserting ``interpretative''; and\n (B) in paragraph (4) by striking ``awareness for'' \n and inserting ``awareness of''; and\n (4) in subsection (d)--\n (A) in paragraph (1) by inserting ``Federal \n component.--'' before ``A Federal'';\n (B) in paragraph (2)--\n (i) by inserting ``Support component.--'' \n before ``A geologic''; and\n (ii) by striking subparagraph (D) and \n inserting the following:\n ``(D) geochronologic and isotopic investigations \n that--\n ``(i) provide radiometric age dates for \n geologic-map units; and\n ``(ii) fingerprint the geothermometry, \n geobarometry, and alteration history of \n geologic-map units,\n which investigations shall be contributed to a national \n geochronologic data base;'';\n (C) in paragraph (3) by inserting ``State \n component.--'' before ``A State''; and\n (D) by striking paragraph (4) and inserting the \n following:\n ``(4) Education component.--A geologic mapping education \n component--\n ``(A) the objectives of which shall be--\n ``(i) to develop the academic programs that \n teach earth-science students the fundamental \n principles of geologic mapping and field \n analysis; and\n ``(ii) to provide for broad education in \n geologic mapping and field analysis through \n support of field studies;\n ``(B) investigations under which shall be \n integrated with the other mapping components of the \n geologic mapping program and shall respond to \n priorities identified for those components; and\n ``(C) Federal funding for which shall be matched by \n non-Federal sources on a 1-to-1 basis.''.\n (c) Advisory Committee.--Section 5 of the National Geologic Mapping \nAct of 1992 (43 U.S.C. 31d) is amended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) Establishment.--\n ``(1) In general.--There shall be established a 10-member \n geologic mapping advisory committee to advise the Director on \n planning and implementation of the geologic mapping program.\n ``(2) Members ex officio.--Federal agency members shall \n include the Administrator of the Environmental Protection \n Agency or a designee, the Secretary of Energy or a designee, \n the Secretary of Agriculture or a designee, and the Assistant \n to the President for Science and Technology or a designee.\n ``(3) Appointed members.--Not later than 90 days after the \n date of enactment of the National Geologic Mapping \n Reauthorization Act of 1996, in consultation with the \n Association, the Secretary shall appoint to the advisory \n committee 2 representatives from the Survey (including the \n Chief Geologist, as Chairman), 2 representatives from the State \n geological surveys, 1 representative from academia, and 1 \n representative from the private sector.''; and\n (2) in subsection (b)(3) by striking ``and State'' and \n inserting ``, State, and university''.\n (d) Geologic Mapping Program Implementation Plan.--Section 6 of the \nNational Geologic Mapping Act of 1992 (43 U.S.C. 31e) is amended--\n (1) in paragraph (1) by inserting ``cooperative'' after \n ``national'';\n (2) by striking paragraph (3)(C) and inserting the \n following:\n ``(C) for the State geologic mapping component, a \n priority-setting mechanism that responds to--\n ``(i) specific intrastate needs for \n geologic-map information; and\n ``(ii) interstate needs shared by adjacent \n entities that have common requirements; and'';\n (3) by striking paragraphs (4) and (5) and inserting the \n following:\n ``(4) a mechanism for adopting scientific and technical \n mapping standards for preparing and publishing general-purpose \n and special-purpose geologic maps to--\n ``(A) ensure uniformity of cartographic and \n scientific conventions; and\n ``(B) provide a basis for judgment as to the \n comparability and quality of map products; and''; and\n (4) by redesignating paragraph (6) as paragraph (5).\n (e) National Geologic-Map Data Base.--Section 7 of the National \nGeologic Mapping Act of 1992 (43 U.S.C. 31f) is amended by striking \nsubsection (b) and inserting the following:\n ``(b) Standardization.--\n ``(1) In general.--Geologic maps contributed to the \n national archives shall have format, symbols, and technical \n attributes that adhere to standards so that archival \n information can be accessed, exchanged, and compared \n efficiently and accurately, as required by Executive Order \n 12906 (59 Fed. Reg. 17,671 (1994)), which established the \n National Spatial Data Infrastructure.\n ``(2) Development of standards.--Entities that contribute \n geologic maps to the national archives shall develop the \n standards described in paragraph (1) in cooperation with the \n Federal Geographic Data Committee, which is charged with \n standards development and other data coordination activities as \n described in Office of Management and Budget revised Circular \n A-16.''.\n (f) Annual Report.--Section 8 of the National Geologic Mapping Act \nof 1992 (43 U.S.C. 31g) is amended in the first sentence--\n (1) by striking ``Committee on Natural Resources'' and \n inserting ``Committee on Resources''; and\n (2) by striking ``program, and describing and evaluating \n progress'' and inserting ``program and describing and \n evaluating the progress''.\n (g) Authorization of Appropriations.--Section 9 of the National \nGeologic Mapping Act of 1992 (43 U.S.C. 31h) is amended to read as \nfollows:\n\n``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There are authorized to be appropriated to carry \nout the national cooperative geologic mapping program under this Act--\n ``(1) $24,000,000 for fiscal year 1997;\n ``(2) $26,000,000 for fiscal year 1998;\n ``(3) $28,000,000 for fiscal year 1999; and\n ``(4) $30,000,000 for fiscal year 2000.\n ``(b) Allocation of Appropriated Funds.--\n ``(1) In general.--Of the amount of funds that are \n appropriated under subsection (a) for any fiscal year up to the \n amount that is equal to the amount appropriated to carry out \n the national cooperative geologic mapping program for fiscal \n year 1996--\n ``(A) not less than 20 percent shall be allocated \n to State mapping activities; and\n ``(B) not less than 2 percent shall be allocated to \n educational mapping activities.\n ``(2) Increased appropriations.--Of the amount of funds \n that are appropriated under subsection (a) for any fiscal year \n up to the amount that exceeds the amount appropriated to carry \n out the national cooperative geologic mapping program for \n fiscal year 1996--\n ``(A) for fiscal year 1997--\n ``(i) 76 percent shall be allocated for \n Federal mapping and support mapping activities;\n ``(ii) 22 percent shall be allocated for \n State mapping activities; and\n ``(iii) 2 percent shall be allocated for \n educational mapping activities;\n ``(B) for fiscal year 1998--\n ``(i) 75 percent shall be allocated for \n Federal mapping and support mapping activities;\n ``(ii) 23 percent shall be allocated for \n State mapping activities; and\n ``(iii) 2 percent shall be allocated for \n educational mapping activities;\n ``(C) for fiscal year 1999--\n ``(i) 74 percent shall be allocated for \n Federal mapping and support mapping activities;\n ``(ii) 24 percent shall be allocated for \n State mapping activities; and\n ``(iii) 2 percent shall be allocated for \n educational mapping activities; and\n ``(D) for fiscal year 2000--\n ``(i) 73 percent shall be allocated for \n Federal mapping and support mapping activities;\n ``(ii) 25 percent shall be allocated for \n State mapping activities; and\n ``(iii) 2 percent shall be allocated for \n educational mapping activities.''.\n\n Passed the House of Representatives July 30, 1996.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.\n \n\n\n\n\n\n ","summary":"National Geologic Mapping Reauthorization Act of 1996 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the US Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the US Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations.","title":"National Geologic Mapping Reauthorization Act of 1996","text_len":17334,"sum_len":422} {"bill_id":"112_hr6194","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``U.S. Agricultural Sector Relief Act \nof 2012''.\n\nSEC. 2. ENSURING THE AVAILABILITY OF METHYL BROMIDE FOR CRITICAL USES.\n\n (a) Critical Use Exemptions and Emergency Events.--Subsection (h) \nof section 604 of the Clean Air Act (42 U.S.C. 7671c(h)) is amended--\n (1) by striking ``Notwithstanding'' and inserting the \n following:\n ``(1) In general.--Notwithstanding''; and\n (2) by adding at the end the following new paragraph:\n ``(2) Critical use exemptions and emergency events.--\n ``(A) Critical use exemptions.--\n ``(i) In general.--For each calendar year, \n beginning with 2013, the Administrator, \n pursuant to an application submitted by any \n person, shall take all appropriate actions \n within the authority of the Environmental \n Protection Agency to seek a critical use \n exemption under the Montreal Protocol in order \n to allow the production, importation, and \n consumption of methyl bromide--\n ``(I) for any use of methyl bromide \n that--\n ``(aa) is an approved \n critical use; and\n ``(bb) is determined by the \n Administrator to be a critical \n use for the applicant; and\n ``(II) in the amount necessary for \n the use described in subclause (I).\n ``(ii) Applications.--The Administrator \n shall not deny any application referred to in \n clause (i), or reduce the amount requested \n under any such application, unless the \n Administrator--\n ``(I) has substantial evidence to \n establish that there is a technically \n and economically feasible alternative \n available to the applicant for the use \n of methyl bromide for which the \n application was submitted; and\n ``(II) provides such evidence to \n the applicant in writing.\n ``(iii) Alternatives.--The Administrator, \n when evaluating the technical and economic \n feasibility of any alternative pursuant to \n clause (ii), shall consider--\n ``(I) cost and commercial \n availability of the alternative to the \n applicant;\n ``(II) demonstrated effectiveness \n of the alternative for the applicant's \n specific intended use;\n ``(III) demonstrated effectiveness \n of the alternative in the geographic \n region of the applicant's intended use; \n and\n ``(IV) State or local regulations \n that may restrict use of the \n alternative for the applicant's \n intended use.\n ``(B) Emergency events.--\n ``(i) In general.--For each calendar year, \n beginning with 2013, the Administrator, \n pursuant to an application submitted by any \n person, shall allow the production, \n importation, and consumption in the United \n States of methyl bromide--\n ``(I) for any use described in \n subparagraph (A)(i)(I) in response to \n an emergency event; and\n ``(II) in an amount necessary for \n such use.\n ``(ii) Limits on use per emergency event.--\n The amount of methyl bromide allowed pursuant \n to clause (i) for use per emergency event at a \n specific location shall not exceed 20 metric \n tons.\n ``(iii) Limit on aggregate amount.--The \n aggregate amount of methyl bromide allowed \n pursuant to clause (i) for use in the United \n States in a calendar year shall not exceed the \n total amount authorized by the parties to the \n Montreal Protocol pursuant to the Montreal \n Protocol process for critical uses in the \n United States in calendar year 2011.\n ``(C) International obligations.--The Administrator \n shall take such actions as may be necessary to carry \n out this paragraph in accordance with the Montreal \n Protocol.\n ``(D) Research.--For each calendar year, beginning \n with 2013, the Administrator shall take all appropriate \n actions within the authority of the Environmental \n Protection Agency to ensure that sufficient quantities \n of methyl bromide are available for research on methyl \n bromide alternatives for the agricultural sector.\n ``(E) Adjustments to critical use nominations.--The \n Administrator shall review and, as appropriate, take \n action to adjust any critical use nomination that has \n been submitted to the Parties to the Montreal Protocol \n (for production, importation, or consumption of methyl \n bromide in the United States) if--\n ``(i) a methyl bromide alternative is \n removed from the United States market; and\n ``(ii) on the basis of the availability of \n such alternative, the Administrator denied, or \n reduced the amount requested under, any \n application for production, importation, or \n consumption of methyl bromide for the year \n covered by such nomination.\n ``(F) Definitions.--In this paragraph:\n ``(i) The term `approved critical use' \n means a use that--\n ``(I) as of January 1, 2005, was an \n approved critical use in appendix L to \n subpart A of part 82 of title 40, Code \n of Federal Regulations; or\n ``(II) during the period following \n such date and ending on the date of \n enactment of this clause, was added as \n an approved critical use in such \n appendix.\n ``(ii) The term `critical use' means a \n circumstance in which--\n ``(I) there are no technically and \n economically feasible alternatives or \n substitutes for methyl bromide \n available that are acceptable from the \n standpoint of environment and health \n and are suitable to the crops and \n circumstances involved; and\n ``(II) the lack of availability of \n methyl bromide for a particular use \n would result in significant market \n disruption.\n ``(iii) The term `emergency event' means a \n situation--\n ``(I) that occurs at a farm, \n nursery, food processing facility, or \n commodities storage facility;\n ``(II) for which there is no \n critical use exemption in effect for \n such site, or for which there are not \n sufficient quantities of methyl bromide \n available under an existing critical \n use exemption for such site, as \n described in subparagraph (A); and\n ``(III) that requires the use of \n methyl bromide to control a pest or \n disease because there is no technically \n and economically feasible alternative \n to methyl bromide available for such \n use.''.\n (b) Regulations.--Not later than 180 days after the date of \nenactment of this Act, the Administrator of the Environmental \nProtection Agency, acting through the Director of the Office of \nPesticide Programs, and in consultation with the Secretary of \nAgriculture, shall--\n (1) issue such final regulations as may be necessary to \n implement the amendment made by subsection (a); and\n (2) include in such regulations--\n (A) criteria for identifying an emergency event, as \n defined in section 604(h)(2)(D)(iii) of the Clean Air \n Act, as added by such amendment; and\n (B) provisions to ensure that each application for \n use of methyl bromide in response to an emergency event \n under section 604(h)(2)(B) of the Clean Air Act, as \n added by such amendment, is approved or disapproved in \n a timely manner.\n ","summary":"US Agricultural Sector Relief Act of 2012 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), pursuant to an application submitted by any person, to seek a critical use exemption under the Montreal Protocol to allow the production, importation, and consumption of methyl bromide: (1) for any approved critical use that is determined by the Administrator to be a critical use for the applicant, and (2) in the amount necessary for such use. Prohibits the Administrator from denying such an application or reducing the amount requested unless the Administrator: (1) has substantial evidence that there is a technically and economically feasible alternative available to the applicant for such use of methyl bromide, and (2) provides such evidence to the applicant in writing. Requires the Administrator, when evaluating the technical and economic feasibility of any alternative, to consider: (1) cost and commercial availability of the alternative, (2) demonstrated effectiveness of the alternative for the applicant's specific intended use, (3) demonstrated effectiveness of the alternative in the geographic region of the applicant's intended use, and (4) state or local regulations that may restrict use of the alternative for the applicant's intended use. Requires the Administrator, pursuant to an application, to allow the production, importation, and consumption of methyl bromide for any approved critical use in response to an emergency event, in an amount necessary for such use, not to exceed: (1) per emergency event at a specific location, 20 metric tons, or (2) in the aggregate for emergency use in the United Sates in a year, the total amount authorized pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. Requires the Administrator to ensure that sufficient quantities of methyl bromide are available for research on methyl bromide alternatives for the agricultural sector. Requires the Administrator to review and adjust as appropriate, any critical use nomination for production, importation, or consumption of methyl bromide in the United States that has been submitted to the Parties to the Montreal Protocol if: (1) a methyl bromide alternative is removed from the US market. And (2) on the basis of the availability of such alternative, the Administrator denied, or reduced the amount requested under, any application for production, importation, or consumption of methyl bromide for the year covered by such nomination.","title":"To ensure the viability and competitiveness of the United States agricultural sector.","text_len":10835,"sum_len":2543} {"bill_id":"113_hr5477","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Educational Opportunities \nfor all Students Act''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n The table of contents for this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\n TITLE I--TITLE I OF THE ESEA PORTABILITY\n\nSec. 101. Title I portability.\n TITLE II--ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION \n EXPENSES\n\nSec. 201. Allowance of home school expenses as qualified education \n expenses for purposes of a Coverdell \n Education Savings Account.\nSec. 202. Elimination of Coverdell Education Savings Account \n contribution limitation.\nTITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES\n\nSec. 301. 529 programs for elementary and secondary education expenses.\n\n TITLE I--TITLE I OF THE ESEA PORTABILITY\n\nSEC. 101. TITLE I PORTABILITY.\n\n Part A of title I of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.\n\n ``(a) In General.--Notwithstanding any other provision of law and \nto the extent permitted under State law, a State educational agency may \nallocate grant funds under this part among the local educational \nagencies in the State based on the number of eligible children enrolled \nin the public schools served by each local educational agency and the \nState-accredited private schools within each local educational agency's \ngeographic jurisdiction.\n ``(b) Eligible Child.--\n ``(1) Definition.--In this section, the term `eligible \n child' means a child aged 5 to 17, inclusive, from a family \n with an income below the poverty level on the basis of the most \n recent satisfactory data published by the Department of \n Commerce.\n ``(2) Criteria of poverty.--In determining the families \n with incomes below the poverty level for the purposes of this \n section, a State educational agency shall use the criteria of \n poverty used by the Census Bureau in compiling the most recent \n decennial census, as the criteria have been updated by \n increases in the Consumer Price Index for All Urban Consumers, \n published by the Bureau of Labor Statistics.\n ``(c) Student Enrollment in Public and Private Schools.--\n ``(1) Identification of eligible children.--On an annual \n basis, on a date to be determined by the State educational \n agency, each local educational agency that receives grant \n funding in accordance with subsection (a) shall inform the \n State educational agency of the number of eligible children \n enrolled in public schools served by the local educational \n agency and the State-accredited private schools within the \n local educational agency's geographic jurisdiction.\n ``(2) Allocation to local educational agencies.--Based on \n the identification of eligible children in paragraph (1), the \n State educational agency shall provide to a local educational \n agency an amount equal to the sum of the amount available for \n each eligible child in the State multiplied by the number of \n eligible children identified by the local educational agency \n under paragraph (1).\n ``(3) Distribution to schools.--Each local educational \n agency that receives funds under paragraph (2) shall distribute \n such funds to the public schools served by the local \n educational agency and State-accredited private schools within \n the local educational agency's geographic jurisdiction--\n ``(A) based on the number of eligible children \n enrolled in such schools; and\n ``(B) in a manner that would, in the absence of \n such Federal funds, supplement the funds made available \n from non-Federal resources for the education of pupils \n participating in programs under this subpart, and not \n to supplant such funds.''.\n\nTITLE II--FURTHER CLARIFICATION OF COVERDELL EDUCATION SAVINGS ACCOUNTS\n\nSEC. 201. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION \n EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS \n ACCOUNT.\n\n (a) In General.--Paragraph (3) of section 530(b) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nsubparagraph:\n ``(C) Private school.--For purposes of this \n section, the term `private school' includes any home \n school that meets the requirements of State law \n applicable to such home schools, whether or not such \n school is deemed a private school for purposes of State \n law.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2013.\n\nSEC. 202. ELIMINATION OF COVERDELL EDUCATION SAVINGS ACCOUNT \n CONTRIBUTION LIMITATION.\n\n (a) In General.--Subparagraph (A) of section 530(b)(1) of the \nInternal Revenue Code of 1986 is amended by inserting ``or'' at the end \nof clause (i), by striking ``or'' at the end of clause (ii) and \ninserting a period, and by striking clause (iii).\n (b) Prohibition on Excess Contributions.--Subsection (b) of section \n530 of such Code is amended by adding at the end the following new \nparagraph:\n ``(5) Prohibition on excess contributions.--A program shall \n not be treated as a Coverdell education savings account unless \n it provides adequate safeguards to prevent contributions on \n behalf of a designated beneficiary in excess of those necessary \n to provide for the qualified education expenses of the \n beneficiary.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2013.\n\nTITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES\n\nSEC. 301. 529 PROGRAMS FOR PRE-KINDERGARTEN, ELEMENTARY, AND SECONDARY \n EDUCATION EXPENSES.\n\n (a) In General.--Paragraph (3) of section 529(e) of the Internal \nRevenue Code of 1986 is amended--\n (1) by redesignating subparagraph (B) as subparagraph (C);\n (2) by striking ``Qualified higher education expenses'' and \n all that follows through ``The term `qualified higher education \n expenses' means--'' and inserting the following: ``Qualified \n education expenses.--\n ``(A) In general.--The term `qualified education \n expenses' means--\n ``(i) qualified higher education expenses, \n and\n ``(ii) qualified pre-kindergarten, \n elementary, and secondary education expenses.\n ``(B) Qualified higher education expenses.--The \n term `qualified higher education expenses' means''; and\n (3) by adding at the end the following new subparagraphs:\n ``(D) Qualified pre-kindergarten, elementary, and \n secondary education expenses.--The term `qualified pre-\n kindergarten, elementary, and secondary education \n expenses' means--\n ``(i) expenses for tuition, fees, academic \n tutoring, special needs services in the case of \n a special needs beneficiary, books, supplies, \n and other equipment which are incurred in \n connection with the enrollment or attendance of \n the designated beneficiary of the trust as a \n pre-kindergarten, elementary, or secondary \n school student at a public, private, or \n religious school,\n ``(ii) expenses for room and board, \n uniforms, transportation, and supplementary \n items and services (including extended day \n programs) which are required or provided by a \n public, private, or religious school in \n connection with such enrollment or attendance, \n and\n ``(iii) expenses for the purchase of any \n computer technology or equipment (as defined in \n section 170(e)(6)(F)(i)) or Internet access and \n related services, if such technology, \n equipment, or services are to be used by the \n beneficiary and the beneficiary's family during \n any of the years the beneficiary is in school.\n Clause (iii) shall not include expenses for computer \n software designed for sports, games, or hobbies unless \n the software is predominantly educational in nature.\n ``(E) School.--The term `school' means any school \n which provides pre-kindergarten, elementary, or \n secondary education (pre-kindergarten through grade \n 12), as determined under State law. Such a school shall \n be treated as an eligible educational institution for \n purposes of subsection (b).''.\n (b) Conforming Amendments.--Section 529 of such Code is amended by \nstriking ``qualified higher education'' each place it appears in \nsubsections (b) and (c) and inserting ``qualified education''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2014.","summary":"Enhancing Educational Opportunities for all Students Act - Amends the Elementary and Secondary Education Act of 1965 to allow a state educational agency to allocate grant funds among local educational agencies based on the number of eligible children nbsp. Enrolled in the public schools and the state-accredited private schools within each local agency's geographic jurisdiction. Amends the Internal Revenue Code to: (1) allow payment of home school expenses from Coverdell education savings accounts. (2) remove the dollar limitation on contributions to Coverdell education savings accounts and require such accounts to provide adequate safeguards to prevent contributions from exceeding the amount necessary to provide for the qualified education expenses of the account beneficiary. And (3) allow tax-exempt qualified tuition programs to pay qualified pre-kindergarten, elementary, and secondary education expenses.","title":"Enhancing Educational Opportunities for all Students Act","text_len":10050,"sum_len":919} {"bill_id":"105_hr3559","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Antitrust Video Competition \nImprovement Act of 1998''.\n\nSEC. 2. ANTICOMPETITIVE EXCLUSIVE CONTRACTS BY MULTICHANNEL VIDEO \n PROGRAMMING DISTRIBUTORS.\n\n In any civil action based on a claim arising under section 1, 2, or \n3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel \nvideo programming distributor that has market power in a particular \nmarket has acted by means of a contract that is exclusive with respect \nto that market, to prevent another multichannel video programming \ndistributor that competes, has a franchise to compete, or is certified \nby the Federal Communications Commission to compete, in that market \nfrom obtaining particular video programming from any person shall be \nsufficient to establish a presumption of a violation of such section.\n\nSEC. 3. ANTICOMPETITIVE DIFFERENTIAL CONTRACTS BY MULTICHANNEL VIDEO \n PROGRAMMING DISTRIBUTORS.\n\n In any civil action based on a claim arising under section 1, 2, or \n3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel \nvideo programming distributor that has market power in a particular \nmarket has obtained particular video programming from any person on \nterms and conditions, other than terms justified by demonstrable cost \ndifferentials, that are more favorable than those offered by such \nperson to another multichannel video programming distributor that \ncompetes, has a franchise to compete, or is certified by the Federal \nCommunications Commission to compete, in that market shall be \nsufficient to establish a presumption of a violation of such section.\n\nSEC. 4. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Cable operator.--The term ``cable operator'' means any \n person that--\n (A) provides cable service over a cable system and \n directly, or through 1 or more affiliates, owns a \n significant interest in a cable system, or\n (B) otherwise controls or is responsible for, \n through any arrangement, the management and operation \n of such a cable system.\n (2) Cable service.--The term ``cable service'' means--\n (A) the 1-way transmission to subscribers of video \n programming or other programming service, and\n (B) subscriber interaction, if any, that is \n required for the selection or use of such video \n programming or such programming service.\n (3) Cable system.--The term ``cable system'' means a \n facility, consisting of a set of closed transmission paths and \n associated signal generation, reception, and control equipment, \n that is designed to provide cable service that includes video \n programming, and that is provided to multiple subscribers \n within a community, but excludes--\n (A) a facility that serves only to retransmit the \n television signals of 1 or more television broadcast \n stations,\n (B) a facility that serves subscribers without \n using any public right-of-way,\n (C) a facility of a common carrier that is subject, \n in whole or in part, to the provisions of title II of \n the Communications Act of 1934 (47 U.S.C. 201-276), but \n such facility shall be considered to be a cable system \n (other than for purposes of section 621(c) of the \n Communications Act of 1934 (47 U.S.C. 541(c)) to the \n extent such facility is used in the transmission of \n video programming directly to subscribers, unless the \n extent of such use is solely to provide interactive on-\n demand services,\n (D) an open video system that complies with section \n 653 of the Communications Act of 1934 (47 U.S.C. 573), \n or\n (E) any facilities of any electric utility used \n solely for operating its electric utility systems.\n (4) Franchise.--The term ``franchise'' means an initial \n authorization, or renewal thereof (including a renewal of an \n authorization which has been granted subject to section 626 of \n the Communications Act of 1934 (47 U.S.C. 546)), issued by a \n franchising authority, whether such authorization is designated \n as a franchise, permit, license, resolution, contract, \n certificate, agreement, or otherwise, which authorizes the \n construction or operation of a cable system.\n (5) Multichannel video programming distributor.--The term \n ``multichannel video programming distributor'' means a person, \n including a cable operator, a multichannel multipoint \n distribution service, a direct broadcast satellite service, an \n open video system, a multichannel television broadcaster, or a \n television receive-only satellite program distributor, that \n makes available for purchase, by subscribers or customers, \n multiple channels of video programming.\n (6) Video programming.--The term ``video programming'' \n means programming provided by, or generally considered \n comparable to programming provided by, a television broadcast \n station.\n\nSEC. 5. EFFECTIVE DATE AND APPLICABILITY.\n\n This Act shall take effect on the date of the enactment of this \nAct, but shall not apply with respect to conduct occurring before such \ndate.","summary":"Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 , 2 , or 3 of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has: (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person. And (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor.","title":"Antitrust Video Competition Improvement Act of 1998","text_len":5706,"sum_len":688} {"bill_id":"108_hr4226","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Cape Town Treaty Implementation Act of \n2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) The Cape Town Treaty (as defined in section 44113 of title \n 49, United States Code) extends modern commercial laws for the \n sale, finance, and lease of aircraft and aircraft engines to the \n international arena in a manner consistent with United States law \n and practice.\n (2) The Cape Town Treaty provides for internationally \n established and recognized financing and leasing rights that will \n provide greater security and commercial predictability in \n connection with the financing and leasing of highly mobile assets, \n such as aircraft and aircraft engines.\n (3) The legal and financing framework of the Cape Town Treaty \n will provide substantial economic benefits to the aviation and \n aerospace sectors, including the promotion of exports, and will \n facilitate the acquisition of newer, safer aircraft around the \n world.\n (4) Only technical changes to United States law and regulations \n are required since the asset-based financing and leasing concepts \n embodied in the Cape Town Treaty are already reflected in the \n United States in the Uniform Commercial Code.\n (5) The new electronic registry system established under the \n Cape Town Treaty will work in tandem with current aircraft document \n recordation systems of the Federal Aviation Administration, which \n have served United States industry well.\n (6) The United States Government was a leader in the \n development of the Cape Town Treaty.\n (b) Purpose.--Accordingly, the purpose of this Act is to provide \nfor the implementation of the Cape Town Treaty in the United States by \nmaking certain technical amendments to the provisions of chapter 441 of \ntitle 49, United States Code, directing the Federal Aviation \nAdministration to complete the necessary rulemaking processes as \nexpeditiously as possible, and clarifying the applicability of the \nTreaty during the rulemaking process.\n\nSEC. 3. RECORDATION OF SECURITY INSTRUMENTS.\n\n (a) Establishment of System.--Section 44107(a) of title 49, United \nStates Code, is amended--\n (1) in paragraph (2)(A) by striking ``750'' and inserting \n ``550''; and\n (2) in paragraph (3) by striking ``clause (1) or (2) of this \n subsection'' and inserting ``paragraph (1) or (2)''.\n (b) International Registry.--Section 44107 of such title is amended \nby adding at the end the following:\n ``(e) International Registry.--\n ``(1) Designation of united states entry point.--As permitted \n under the Cape Town Treaty, the Federal Aviation Administration \n Civil Aviation Registry is designated as the United States Entry \n Point to the International Registry relating to--\n ``(A) civil aircraft of the United States;\n ``(B) an aircraft for which a United States identification \n number has been assigned but only with regard to a notice filed \n under paragraph (2); and\n ``(C) aircraft engines.\n ``(2) System for filing notice of prospective interests.--\n ``(A) Establishment.--The Administrator shall establish a \n system for filing notices of prospective assignments and \n prospective international interests in, and prospective sales \n of, aircraft or aircraft engines described in paragraph (1) \n under the Cape Town Treaty.\n ``(B) Maintenance of validity.--A filing of a notice of \n prospective assignment, interest, or sale under this paragraph \n and the registration with the International Registry relating \n to such assignment, interest, or sale shall not be valid after \n the 60th day following the date of the filing unless documents \n eligible for recording under subsection (a) relating to such \n notice are filed for recordation on or before such 60th day.\n ``(3) Authorization for registration of aircraft.--A \n registration with the International Registry relating to an \n aircraft described in paragraph (1) (other than subparagraph (C)) \n is valid only if (A) the person seeking the registration first \n files documents eligible for recording under subsection (a) and \n relating to the registration with the United States Entry Point, \n and (B) the United States Entry Point authorizes the \n registration.''.\n\nSEC. 4. REGULATIONS.\n\n (a) In General.--The Administrator of the Federal Aviation \nAdministration shall issue regulations necessary to carry out this Act, \nincluding any amendments made by this Act.\n (b) Contents of Regulations.--Regulations to be issued under this \nAct shall specify, at a minimum, the requirements for--\n (1) the registration of aircraft previously registered in a \n country in which the Cape Town Treaty is in effect; and\n (2) the cancellation of registration of a civil aircraft of the \n United States based on a request made in accordance with the Cape \n Town Treaty.\n (c) Expedited Rulemaking Process.--\n (1) Final rule.--The Administrator shall issue regulations \n under this section by publishing a final rule by December 31, 2004.\n (2) Effective date.--The final rule shall not be effective \n before the date the Cape Town Treaty enters into force with respect \n to the United States.\n (3) Economic analysis.--The Administrator shall not be required \n to prepare an economic analysis of the cost and benefits of the \n final rule.\n (d) Applicability of Treaty.--Notwithstanding parts 47.37(a)(3)(ii) \nand 47.47(a)(2) of title 14, of the Code of Federal Regulations, \nArticles IX(5) and XIII of the Cape Town Treaty shall apply to the \nmatters described in subsection (b) until the earlier of the effective \ndate of the final rule under this section or December 31, 2004.\n\nSEC. 5. LIMITATION ON VALIDITY OF CONVEYANCES, LEASES, AND SECURITY \n INSTRUMENTS.\n\n Section 44108(c)(2) of title 49, United States Code, is amended by \nstriking the period at the end and inserting ``or the Cape Town Treaty, \nas applicable.''.\n\nSEC. 6. DEFINITIONS.\n\n (a) In General.--Chapter 441 of title 49, United States Code, is \namended by adding at the end the following:\n\n``Sec. 44113. Definitions\n\n ``In this chapter, the following definitions apply:\n ``(1) Cape town treaty.--The term `Cape Town Treaty' means the \n Convention on International Interests in Mobile Equipment, as \n modified by the Protocol to the Convention on International \n Interests in Mobile Equipment on Matters Specific to Aircraft \n Equipment, signed at Rome on May 9, 2003.\n ``(2) United states entry point.--The term `United States Entry \n Point' means the Federal Aviation Administration Civil Aviation \n Registry.\n ``(3) International registry.--The term `International \n Registry' means the registry established under the Cape Town \n Treaty.''.\n (b) Conforming Amendment.--The analysis for such chapter is amended \nby adding at the end the following:\n``44113. Definitions.''.\n\nSEC. 7. EFFECTIVE DATE AND PRESERVATION OF PRIOR RIGHTS.\n\n This Act, including any amendments made by this Act, shall take \neffect on the date the Cape Town Treaty (as defined in section 44113 of \ntitle 49, United States Code) enters into force with respect to the \nUnited States and shall not apply to any registration or recordation \nthat was made before such effective date under chapter 441 of such \ntitle or any legal rights relating to such registration or recordation.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Cape Town Treaty Implementation Act of 2004 - Provides for implementation of the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003, or Cape Town Treaty . Amends Federal aviation law to revise requirements for the Federal Aviation Administration (FAA) system for recording conveyances that affect an interest in US civil aircraft. Reduces from 750 to 550 the rated take-off horsepower of any specifically identified aircraft engine with respect to which leases and security instruments are to be recorded in such system. Designates the FAA Civil Aviation Registry as the United States Entry Point to the International Registry with respect to: (1) US aircraft, (2) aircraft engines. And (3) any aircraft for which a US identification number has been assigned, but only with regard to a notice filed under a system established by the Administrator for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines under the Cape Town Treaty. Directs the FAA Administrator to establish such a system. Requires related documents to be filed for recordation within 60 days after such a notice is filed, or the notice, and any related registration with the International Registry, shall not be valid. Makes any registration with the International Registry relating to an aircraft valid only if the person seeking the registration first files documents meeting the recordation requirements, and the US Entry Point authorizes the registration. Directs the Administrator to issue regulations which specify, at a minimum, the requirements for: (1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect. And (2) the cancellation of registration of a US civil aircraft based on a request made in accordance with the Cape Town Treaty.","title":"To amend title 49, United States Code, to make certain conforming changes to provisions governing the registration of aircraft and the recordation of instruments in order to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, known as the \"Cape Town Treaty\".","text_len":7947,"sum_len":2028} {"bill_id":"107_s991","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Andrew Jackson Higgins Gold Medal \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Andrew Jackson Higgins was born on August 28, 1886, in \n Columbus, Nebraska, moved to New Orleans in 1910, and formed \n Higgins Industries on September 26, 1930;\n (2) Andrew Jackson Higgins designed, engineered, and \n produced the ``Eureka'', a unique shallow draft boat, the \n design of which evolved during World War II into 2 basic \n classes of military craft, high speed PT boats, and types of \n Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs);\n (3) Andrew Jackson Higgins designed, engineered, and \n constructed 4 major assembly line plants in New Orleans for \n mass production of Higgins landing craft, and other vessels \n vital to the Allied Forces' conduct of World War II;\n (4) Andrew Jackson Higgins bought the entire 1940 \n Philippine mahogany crop and other material purely at risk \n without a Government contract, anticipating that America would \n join World War II and that Higgins Industries would need the \n wood to build landing craft, and Higgins also bought steel, \n engines, and other material necessary to construct landing \n craft;\n (5) Andrew Jackson Higgins, through Higgins Industries, \n employed a fully integrated assembly line work force, black and \n white, male and female, of up to 30,000 during World War II, \n with equal pay for equal work;\n (6) in 1939, the United States Navy had a total of 18 \n landing craft in the fleet;\n (7) from November 18, 1940, when Higgins Industries was \n awarded its first contract for Higgins landing craft until the \n conclusion of the war, the employees of Higgins Industries \n produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and \n nearly 8,000 other landing craft of all types;\n (8) during World War II, Higgins Industries employees \n produced 20,094 boats, including landing craft and Patrol \n Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard \n personnel on the safe operation of landing craft at the \n Higgins' Boat Operators School;\n (9) on Thanksgiving Day 1944, General Dwight D. Eisenhower \n stated in an address to the Nation, ``Let us thank God for \n Higgins Industries, management, and labor which has given us \n the landing boats with which to conduct our campaign.'';\n (10) Higgins landing craft, constructed of wood and steel, \n transported fully armed troops, light tanks, field artillery, \n and other mechanized equipment essential to amphibious \n operations;\n (11) Higgins landing craft made the amphibious assault on \n D-day and the landings at Leyte, North Africa, Guadalcanal, \n Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well-\n known assaults possible;\n (12) Captain R.R.M. Emmett, a commander at the North Africa \n amphibious landing, and later commandant of the Great Lakes \n Training Station, wrote during the war, ``When the history of \n this war is finally written by historians, far enough removed \n from its present turmoil and clamor to be cool and impartial, I \n predict that they will place Mr. (Andrew Jackson) Higgins very \n high on the list of those who deserve the commendation and \n gratitude of all citizens.''; and\n (13) in 1964, President Dwight D. Eisenhower told historian \n Steven Ambrose, ``He (Higgins) is the man who won the war for \n us. If Higgins had not developed and produced those landing \n craft, we never could have gone in over an open beach. We would \n have had to change the entire strategy of the war.''.\n\nSEC. 3. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--\n (1) In general.--The President is authorized, on behalf of \n Congress, to award a gold medal of appropriate design to--\n (A) the family of Andrew Jackson Higgins, honoring \n Andrew Jackson Higgins (posthumously) for his \n contributions to the Nation and world peace; and\n (B) the D-day Museum in New Orleans, Louisiana, for \n public display, honoring Andrew Jackson Higgins \n (posthumously) and the employees of Higgins Industries \n for their contributions to the Nation and world peace.\n (2) Modalities.--The modalities of presentation of the \n medals under this Act shall be determined by the President, \n after consultation with the Speaker of the House of \n Representatives, the Majority Leader of the Senate, the \n Minority Leader of the Senate, and the Minority Leader of the \n House of Representatives.\n (b) Design and Striking.--For purposes of the presentation referred \nto in subsection (a), the Secretary of the Treasury (in this Act \nreferred to as the ``Secretary'') shall strike 2 gold medals with \nsuitable emblems, devices, and inscriptions, to be determined by the \nSecretary.\n\nSEC. 4. DUPLICATE MEDALS.\n\n The Secretary may strike and sell duplicates in bronze of the gold \nmedals struck under this Act, under such regulations as the Secretary \nmay prescribe, and at a price sufficient to cover the costs thereof, \nincluding labor, materials, dies, use of machinery, and overhead \nexpenses, and the cost of the gold medal.\n\nSEC. 5. STATUS AS NATIONAL MEDALS.\n\n The medals struck under this Act are national medals for purposes \nof chapter 51 of title 31, United States Code.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.\n\n (a) Authority To Use Fund Amounts.--There is authorized to be \ncharged against the United States Mint Public Enterprise Fund an amount \nnot to exceed $60,000 to pay for the cost of the medals authorized by \nthis Act.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals under section 4 shall be deposited in the United States \nMint Public Enterprise Fund.","summary":"Andrew Jackson Higgins Gold Medal Act - Authorizes the President to present on behalf of Congress a gold medal to: (1) the family of Andrew Jackson Higgins, honoring his contributions to the Nation and world peace. And (2) the D-Day Museum in New Orleans, Louisiana, for public display, honoring Higgins and the employees of Higgins Industries for their contributions to the Nation and world peace. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.","title":"A bill to authorize the President to award a gold medal on behalf of the Congress to Andrew Jackson Higgins (post-humously), and to the D-day Museum in recognition of the contributions of Higgins Industries and the more than 30,000 employees of HIggins Industries to the Nation and to world peace during World War II.","text_len":6299,"sum_len":477} {"bill_id":"111_s893","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Imported and Domestic Product Safety \nAct of 2009''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Council.--The term ``Council'' means the Product Safety \n Coordinating Council established by section 4(a).\n (2) Director.--The term ``Director'' means the Director of \n Imported and Domestic Product Safety appointed under section \n 3(b).\n (3) Office.--The term ``Office'' means the Office of \n Imported and Domestic Product Safety established by section \n 3(a).\n (4) Product.--The term ``product'' means any of the \n following:\n (A) Food, as defined in section 201 of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 321), \n including--\n (i) poultry and poultry products, as \n defined in section 4 of the Poultry Products \n Inspection Act (21 U.S.C. 453);\n (ii) meat and meat food products, as \n defined in section 1 of the Federal Meat \n Inspection Act (21 U.S.C. 601); and\n (iii) eggs and egg products, as defined in \n section 4 of the Egg Products Inspection Act \n (21 U.S.C. 1033).\n (B) A drug, device, cosmetic, dietary supplement, \n infant formula, and food additive, as such terms are \n defined in section 201 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 321).\n (C) A consumer product, as such term is defined in \n section 3(a) of the Consumer Product Safety Act (15 \n U.S.C. 2052).\n (D) A motor vehicle, motor vehicle equipment, and \n replacement equipment, as such terms are defined in \n section 30102 of title 49, United States Code.\n (E) A biological product, as such term is defined \n in section 351(i) of the Public Health Service Act (42 \n U.S.C. 262(i)).\n (F) A pesticide, as such term is defined in section \n 2 of the Federal Insecticide, Fungicide, and \n Rodenticide Act (7 U.S.C. 136).\n (G) Any other food, consumer product, fishery \n product, beverage, or tobacco product with respect to \n which a department or agency that is represented on the \n Council has jurisdiction.\n\nSEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR.\n\n (a) Establishment.--There is established in the Department of \nCommerce an office to be known as the ``Office of Imported and Domestic \nProduct Safety''.\n (b) Director.--The Director of Imported and Domestic Product Safety \nshall be the head of the Office. The Director shall be appointed by the \nPresident, by and with the advice and consent of the Senate, from among \nindividuals who have--\n (1) not less than 10 years of leadership and management \n experience in the public or private sector; and\n (2) expertise in areas relating to product safety and \n protection of the public.\n (c) Duties of the Director.--The Director shall, working with the \nCouncil--\n (1) ensure that there is coordination among all departments \n and agencies that have responsibility for product safety in a \n manner that--\n (A) protects the health and safety of United States \n consumers; and\n (B) provides that consumers and businesses have \n access to product safety information;\n (2) establish policies, objectives, and priorities to \n improve the management, coordination, promotion, and oversight \n of all departments and agencies that have responsibility for \n product safety;\n (3) work with consumer groups, industry, and other \n interested parties to establish the policies, objectives, and \n priorities described in paragraph (2);\n (4) improve the www.Recalls.gov Internet website (or \n successor Federal website) that provides product safety \n information and recall information for products under different \n Federal agencies;\n (5) develop and maintain a database that--\n (A) is centralized;\n (B) is user friendly;\n (C) is accessible to the public;\n (D) includes information about all mandatory and \n voluntary actions taken with respect to product safety \n by businesses and departments and agencies that have \n responsibility for product safety, including--\n (i) recalls;\n (ii) advisories;\n (iii) alerts;\n (iv) seizures;\n (v) defect determinations;\n (vi) import bans; and\n (vii) such other actions as the Director \n considers appropriate; and\n (E) incorporates hyperlinks to databases maintained \n by the departments and agencies that have \n responsibility for product safety with respect to the \n actions described in subparagraph (D);\n (6) develop guidelines for effective and efficient \n dissemination, by the departments and agencies of members of \n the Council, of product recall alerts to consumers and \n businesses, including retailers, the media, and medical \n professionals;\n (7) promote the development of risk assessment models to \n assist Federal departments and agencies responsible for the \n importation and safety of products to better identify and \n prevent the importation or introduction into commerce of unsafe \n products;\n (8) promote the development of tracing technology to \n provide consumers with access to the supply chain history of a \n product;\n (9) develop guidelines to facilitate information sharing \n relating to the importation and safety of products among \n businesses, United States trading partners, and departments and \n agencies of Federal, State, and local governments;\n (10) develop and maintain a public electronic directory of \n services to assist consumers and businesses in locating product \n safety information;\n (11) develop a framework for engaging United States trading \n partners in efforts to improve product safety, including \n cooperation and coordination related to safety standards, \n testing, certification, audits, and inspections before products \n are shipped to the United States;\n (12) establish an inventory of memoranda of understanding \n negotiated by Federal departments and agencies with foreign \n governments related to the importation and safety of products;\n (13) promote coordination among Federal departments and \n agencies seeking to negotiate new memoranda described in \n paragraph (11); and\n (14) develop guidelines to ensure that there is a unified \n effort to protect the health and safety of United States \n consumers, including--\n (A) simplifying consumer-retailer interaction \n regarding products identified as unsafe;\n (B) improving product labeling;\n (C) developing comprehensive recordkeeping \n throughout the production, importation, and \n distribution of products; and\n (D) increasing public access to information \n regarding--\n (i) product safety standards, testing, and \n certification;\n (ii) enforcement of product safety laws; \n and\n (iii) product-related deaths, injuries, and \n illness.\n (d) Staff.--\n (1) In general.--The Director may employ and fix the \n compensation of such officers and employees as may be necessary \n to assist the Director in carrying out the duties of the \n Director set forth by subsection (c).\n (2) Detail of government employees.--The Director may \n direct, with the concurrence of the Secretary of a department \n or head of an agency, the temporary reassignment within the \n Federal Government of personnel employed by such department or \n agency on a reimbursable or nonreimbursable basis to the \n Office.\n (e) Supervision.--The Director shall report to the Secretary of \nCommerce.\n (f) Compensation.--Section 5314 of title 5, United States Code, is \namended by adding at the end the following new item:\n ``Director of Imported and Domestic Product Safety, \n Department of Commerce.''.\n\nSEC. 4. PRODUCT SAFETY COORDINATING COUNCIL.\n\n (a) Establishment.--There is established a Product Safety \nCoordinating Council--\n (1) to improve the management, coordination, promotion, and \n oversight of product safety responsibilities; and\n (2) to assist the Director in--\n (A) carrying out the functions of the Office set \n forth by section 3(c);\n (B) developing the strategic plan under section 5; \n and\n (C) developing the report under section 6.\n (b) Membership.--\n (1) Composition.--The Council shall consist of the Director \n and 1 individual designated by each of the following from their \n respective departments and agencies:\n (A) The Commissioner of Customs and Border \n Protection of the Department of Homeland Security.\n (B) The Under Secretary for International Trade of \n the Department of Commerce.\n (C) The United States Trade Representative.\n (D) The Under Secretary for Economic, Energy, and \n Agricultural Affairs of the Department of State.\n (E) The Under Secretary for Food Safety of the \n Department of Agriculture.\n (F) The Commissioner of the Food and Drug \n Administration of the Department of Health and Human \n Services.\n (G) The Under Secretary for Oceans and Atmosphere \n of the Department of Commerce.\n (H) The Chairman of the Consumer Product Safety \n Commission.\n (I) The Administrator of the National Highway \n Traffic Safety Administration of the Department of \n Transportation.\n (J) The Administrator of the Environmental \n Protection Agency.\n (K) The Administrator of the Alcohol and Tobacco \n Tax and Trade Bureau of the Department of the Treasury.\n (L) The Attorney General.\n (M) The Director of the Centers for Disease Control \n and Prevention of the Department of Health and Human \n Services.\n (N) The Chairman of the Federal Trade Commission.\n (O) The Chairman of the United States International \n Trade Commission.\n (P) The Director of the Office of Management and \n Budget.\n (Q) Such other officers of the United States as the \n Director determines necessary to carry out the \n functions of the Council.\n (2) Qualifications.--Each individual designated under \n paragraph (1) shall be selected from among individuals who \n are--\n (A) involved in product safety and protection of \n the public from risks to safety; and\n (B) qualified to serve on the Council.\n (c) Department and Agency Responsibilities.--\n (1) In general.--The department or agency of each member of \n the Council shall assist the Director in--\n (A) developing and implementing a unified effort to \n protect the health and safety of United States \n consumers;\n (B) ensuring that consumers and businesses have \n access to product safety information; and\n (C) carrying out the duties of the Director set \n forth by section 3(c).\n (2) Cooperation.--Each member of the Council shall ensure \n that the department or agency the member represents--\n (A) provides such assistance, information, and \n advice as the Director may request;\n (B) complies with information sharing policies, \n procedures, guidelines, and standards established by \n the Director; and\n (C) provides adequate resources to support the \n activities and operations of the Office.\n (d) Meetings.--The Council shall meet not less frequently than \nmonthly at the call of the Director.\n (e) Chairperson.--The Director shall be the chairperson of the \nCouncil.\n\nSEC. 5. STRATEGIC PLAN.\n\n (a) Strategic Plan Required.--Not later than 180 days after the \ndate of the enactment of this Act, and every 2 years thereafter, the \nDirector shall, after consulting with the members of the Council, \nsubmit to the President and to Congress a strategic plan.\n (b) Contents of Strategic Plan.--The strategic plan submitted under \nsubsection (a) shall contain--\n (1) a detailed description of the goals, objectives, and \n priorities of the Office and the Council;\n (2) a description of the methods for achieving such goals, \n objectives, and priorities;\n (3) a description of the performance measures that will be \n used to monitor results in achieving such goals, objectives, \n and priorities; and\n (4) an estimate of the resources necessary to achieve such \n goals, objectives, and priorities, and an estimate of the cost \n of such resources.\n\nSEC. 6. ANNUAL REPORT ON PRODUCT SAFETY.\n\n (a) Annual Report Required.--Not later than 1 year after the date \nof the enactment of this Act and November 1 of each calendar year \nthereafter, the Director shall submit to the President and to Congress \na written report on the safety of products.\n (b) Content of Report.--The report submitted under subsection (a) \nshall contain a detailed description of how the duties set forth in \nsection 3(c) are being implemented.\n (c) Consultations.--The Director shall consult with the members of \nthe Council with respect to the preparation of the report required by \nsubsection (a). Any comments provided by the members of the Council for \na report under such subsection shall be submitted to the Director not \nlater than 1 month before the date such report is submitted to \nCongress. The Director shall submit the report to Congress after taking \ninto account all comments received.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nCommerce such sums as may be necessary to carry out the provisions of \nthis Act and the activities of the Office.\n\nSEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY \n COORDINATION.\n\n The use of interagency funding and other forms of support is \nauthorized by Congress to carry out the functions and activities of the \nOffice and the functions and activities of the Council.","summary":"Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of US consumers and provides consumers and businesses with access to product safety information, (2) improving the www. Recalls. gov website. And (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies. Establishes a Product Safety Coordinating Council to assist the Office's director.","title":"A bill to establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.","text_len":16144,"sum_len":714} {"bill_id":"104_hr3648","text":"SECTION 1. PURPOSE; APPROPRIATIONS AUTHORIZED.\n\n (a) Purpose.--It is the purpose of this Act--\n (1) to establish a National Science Scholars Program to \n recognize student excellence and achievement in the physical, \n life, and computer sciences, mathematics, and engineering;\n (2) to provide financial assistance to students under \n paragraph (1) to continue their postsecondary education in such \n fields of study at sustained high levels of performance;\n (3) to contribute to strengthening the leadership of the \n United States in such fields;\n (4) to strengthen the United States mathematics, science, \n and engineering base by offering opportunities to pursue \n postsecondary education in life, physical, and computer \n sciences, mathematics, and engineering;\n (5) to encourage role models in scientific, mathematics, \n and engineering fields for young people;\n (6) to strengthen the United States mathematics, \n scientific, and engineering potential by encouraging equal \n participation of women with men in mathematics, scientific, and \n engineering fields; and\n (7) to attract talented students to teaching careers in \n mathematics and science in elementary and secondary schools.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated $4,500,000 for fiscal year 1997 and such sums as may be \nnecessary for each of the 4 succeeding fiscal years for awards to \nNational Science Scholars.\n\nSEC. 2. SCHOLARSHIPS AUTHORIZED.\n\n (a) Program Authority.--The Secretary is authorized, in accordance \nwith the provisions of this Act, to carry out a program of awarding \nscholarships to students for the study of the physical, life, or \ncomputer sciences, mathematics, or engineering, who--\n (1) are selected by the President;\n (2) have demonstrated outstanding academic achievement in \n the physical, life, or computer sciences, mathematics, or \n engineering; and\n (3) show promise of continued outstanding academic \n performance in such field of study.\n (b) Period of Awards.--\n (1) Period of initial award.--A student who satisfies the \n requirements of section 4(a) may receive a scholarship, for a \n period of 1 academic year, for the first year of undergraduate \n study at an institution of higher education.\n (2) Continuation awards.--A student who satisfies the \n requirements of section 4(b) may receive additional \n scholarships, each awarded for a period of 1 academic year, in \n order to complete his or her undergraduate course of study. A \n student may receive additional scholarships for not more than 3 \n academic years of undergraduate study, except that, in the case \n of a student who is enrolled in an undergraduate course of \n study that requires attendance for 5 academic years, the \n student may receive additional scholarships for not more than 4 \n academic years of undergraduate study.\n (c) Use at Any Institution Permitted.--A student awarded a \nscholarship under this Act may attend any institution of higher \neducation.\n (d) National Science Scholars.--Students awarded scholarships under \nthis Act shall be known as ``National Science Scholars''.\n\nSEC. 3. SELECTION OF SCHOLARS.\n\n (a) Selection Criteria for Initial Awards.--\n (1) Selection criteria.--The Director shall develop and \n submit to the Secretary proposed criteria to be used in the \n selection of National Science Scholars for initial year awards \n under section 2(b)(1). Such criteria shall provide for the \n selection of such scholars on the basis of potential to \n successfully complete a postsecondary program in the physical, \n life, or computer sciences, mathematics, or engineering, and on \n the basis of motivation to pursue a career in such fields. In \n addition, consideration may be given to the financial need of \n the individual, and to promoting participation by minorities \n and individuals with disabilities. The Director shall \ndetermine proposed criteria for measuring the potential and motivation \nof nominees.\n (2) Publication.--The Secretary and the Director shall \n agree to, and jointly publish in the Federal Register, \n appropriate selection criteria.\n (b) Selection Process for Initial Awards.--\n (1) Nominating committee.--Each State desiring to qualify \n its students for selection as National Science Scholars shall \n establish a nominating committee. Such committee shall be \n appointed by the chief State school officer or by an existing \n grant agency or panel designated by such officer, and shall be \n approved by the Secretary. The nominating committee shall be a \n broad-based committee composed of educators, scientists, \n mathematicians, and engineers, who shall serve as volunteers \n without compensation.\n (2) Nominations.--The nominating committee in each State \n shall submit to the President the nominations of at least four \n individuals from each congressional district in the State, at \n least half of whom are female. Such selections shall be ranked \n in order of priority.\n (3) Selection.--The President, after consultation with the \n Secretary and the Director, shall select two National Science \n Scholars for each academic year from each congressional \n district, at least one of whom shall be female.\n (4) Announcement and award of scholarships.--The selection \n process shall be completed, and the announcement of the \n selection of National Science Scholars shall be made by the \n President prior to January 1st of each fiscal year. The \n Secretary shall notify each Member of Congress of selections \n made from such Member's district and State before the public \n announcement by the President. Presentation of scholarships may \n be made in a public ceremony.\n (5) Congressional district.--For purposes of this \n subsection, the term ``congressional district'' includes the \n part or all of a State (within the meaning of section 1201(b) \n of the Higher Education Act of 1965) represented by a Member or \n Delegate of the House of Representatives, and includes the \n Commonwealth of the Northern Mariana Islands.\n (c) Continuation Awards.--The Secretary shall award additional \nscholarships under section 2(b)(2) to recipients of initial awards \nunder section 2(b)(1) who the Secretary determines meet the \nrequirements of section 4(b).\n (d) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall \nbe disbursed on behalf of students who receive scholarships under this \nAct to the institutions of higher education at which the students are \nenrolled. No scholarship proceeds shall be disbursed on behalf of a \nstudent until the student is enrolled at an institution of higher \neducation.\n (e) Special Rule.--The Director and the Secretary shall encourage \nthe support and assistance of civic groups, the business community, \nprofessional associations, institutions of higher education, and others \nin providing scholarship assistance to National Science Scholarship \nfinalists.\n\nSEC. 4. ELIGIBILITY OF SCHOLARS.\n\n (a) Requirements for Initial Award.--To be eligible to receive a \nscholarship under section 2(b)(1), a student shall--\n (1) be scheduled to graduate from a public or private \n secondary school, or to obtain the equivalent of a certificate \n of graduation (as recognized by the State in which the student \n resides), during the school year in which the award is made;\n (2) be a citizen or national of the United States or the \n entities set forth in section 3(b)(5), or be an alien lawfully \n admitted to the United States for permanent residence;\n (3) have demonstrated outstanding academic achievement in \n secondary school in physical, life, or computer sciences, \n mathematics, or engineering;\n (4) have been accepted for enrollment at an institution of \n higher education as a full-time undergraduate student (as \n determined by the institution); and\n (5) have declared a major in 1 of the physical, life, or \n computer sciences, mathematics, or engineering, or provided a \n written statement to the State of his or her intent to major in \n 1 of these fields of study, if it is the policy of the \n institution at which the student has been accepted for \n enrollment that students not declare a major until a later \n point in their course of study.\n (b) Requirements for Continuation Awards.--A student who has \nreceived a scholarship under section 2(b)(1) may receive a scholarship \nfor a subsequent academic year of undergraduate education under section \n2(b)(2) if the student--\n (1) maintains a high level of academic achievement, as \n determined in accordance with the regulations of the Secretary;\n (2) continues to major in, or provides a statement to the \n State as described in subsection (a)(5) of his or her \ncontinuing intent to major in, one of the physical, life, or computer \nsciences, mathematics, or engineering; and\n (3) continues to be enrolled at an institution of higher \n education as a full-time undergraduate student (as determined \n by the institution).\n (c) Waiver of Full-Time Attendance Requirement.--The Secretary may \nwaive the full-time attendance requirements in this section in unusual \ncircumstances.\n (d) Failure To Meet Eligibility Requirements.--In the event that \nthe student fails to meet the requirements of this section, the \nstudent's eligibility to receive further scholarships (or scholarship \nproceeds) under this Act shall be suspended in accordance with the \nregulations of the Secretary.\n (e) Reinstatement of Eligibility.--The Secretary shall determine \ncircumstances under which eligibility of a scholarship recipient under \nthis Act may be reinstated if the recipient seeks to re-enter school \nafter an interruption of schooling for personal reasons, including, but \nnot limited to, pregnancy, child-rearing, and other family \nresponsibilities.\n (f) Notification of Secondary Schools.--The Secretary shall notify \nall public and private secondary schools and all institutions of higher \neducation in each State annually of the availability of scholarships \nunder this Act.\n\nSEC. 5. SCHOLARSHIP AMOUNT.\n\n (a) Amount of Award.--Except as provided in subsections (b) and \n(c), the amount of a scholarship awarded under this Act for any \nacademic year shall be $5,000.\n (b) Relation to Cost of Attendance.--Notwithstanding subsection \n(a), the amount of a scholarship awarded under this Act shall be \nreduced by the amount that the scholarship exceeds the student's cost \nof attendance, as defined in section 472 of the Higher Education Act of \n1965. A scholarship awarded under this Act shall not be reduced on the \nbasis of the student's receipt of other forms of Federal student \nfinancial assistance, but shall be taken into account in determining \nthe eligibility of the student for those other forms of Federal student \nfinancial assistance.\n (c) Adjustments for Insufficient Appropriations.--In the event that \nfunds available in a fiscal year are insufficient to fully fund all \nawards under this Act, the amount paid to each student shall be reduced \nproportionately.\n\nSEC. 6. SUMMER EMPLOYMENT OPPORTUNITIES FOR SCHOLARS.\n\n (a) Priority for Summer Employment.--To the extent that they are \notherwise qualified, students receiving scholarships under this Act \nshall be given priority consideration for federally financed summer \nemployment in federally funded research and development centers, that, \nto the maximum extent practicable, complements and reinforces the \neducational program of these students.\n (b) Federal Agency Cooperation.--Federal agencies shall cooperate \nfully with the Secretary and participate actively in providing \nappropriate summer employment opportunities for such students.\n\nSEC. 7. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``Director'' shall refer to the Director of \n the National Science Foundation;\n (2) the term ``elementary school'' has the same meaning \n given that term in section 14101(14) of the Elementary and \n Secondary Education Act of 1965;\n (3) the term ``institution of higher education'' has the \n same meaning given that term in section 1201(a) of the Higher \n Education Act of 1965;\n (4) the term ``minorities'' refers to members of those \n racial and ethnic groups underrepresented in mathematics, \n science and engineering, including American Indians, Black \n Americans, Hispanic Americans, Native Alaskans, or Native \n Pacific Islanders;\n (5) the term ``scholarship'' refers to a financial award \n made to a student which enables a student to pursue a desired \n course of study at an institution of higher education;\n (6) the term ``secondary school'' has the same meaning \n given that term in section 14101(25) of the Elementary and \n Secondary Education Act of 1965; and\n (7) the term ``Secretary'' refers to the Secretary of the \n Department of Education.","summary":"Authorizes appropriations for FY 1997 and for each of the four succeeding fiscal years for awards to National Science Scholars. Authorizes the Secretary of Education to carry out a program of awarding scholarships to students for the study of the physical, life, or computer sciences, mathematics, or engineering. Deems students awarded such scholarships National Science Scholars. Sets forth the selection of scholars for initial awards and eligibility requirements for initial and continuation awards and directs the Secretary to notify all public and private secondary schools and all higher education institutions in each State annually of the availability of scholarships. Limits the amount of a scholarship awarded for any academic year to $5,000. Requires that students receiving scholarships shall be given priority consideration for federally financed summer employment in federally funded research and development centers that, to the maximum extent practicable, complements and reinforces the educational program of these students.","title":"To reestablish the National Science Scholars Program.","text_len":13813,"sum_len":1042} {"bill_id":"110_hr1944","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Traumatic Brain Injury \nTreatment Act of 2007''.\n\nSEC. 2. SCREENING, REHABILITATION, AND TREATMENT FOR TRAUMATIC BRAIN \n INJURY.\n\n (a) Screening, Rehabilitation, and Treatment for Traumatic Brain \nInjury.--\n (1) In general.--Chapter 17 of title 38, United States \n Code, is amended by adding at the end the following new \n subchapter:\n\n ``SUBCHAPTER IX--TRAUMATIC BRAIN INJURY\n\n``Sec. 1791. Screening for traumatic brain injuries\n ``(a) Screening Program.--The Secretary shall establish a program \nto screen veterans who are eligible for hospital care, medical \nservices, and nursing home care under section 1710(e)(1)(D) of this \ntitle for symptoms of traumatic brain injury.\n ``(b) Report.--Not later than one year after the date of the \nenactment of this section, and annually thereafter, the Secretary shall \nsubmit to the Committees on Veterans' Affairs of the Senate and the \nHouse of Representatives a report containing the following information:\n ``(1) The number of veterans screened under the program \n during the year preceding such report.\n ``(2) The prevalence of traumatic brain injury symptoms \n among the veterans screened under the program.\n ``(3) Recommendations for improving care and services to \n veterans exhibiting symptoms of traumatic brain injury.\n``Sec. 1792. Comprehensive program for long-term traumatic brain injury \n rehabilitation\n ``(a) Comprehensive Program.--The Secretary shall develop and carry \nout a comprehensive program of long-term care for post-acute traumatic \nbrain injury rehabilitation that includes residential, community, and \nhome-based components utilizing interdisciplinary treatment teams.\n ``(b) Location of Program.--The Secretary shall carry out the \nprogram developed under subsection (a) in four geographically dispersed \npolytrauma network sites designated by the Secretary.\n ``(c) Eligibility.--A veteran is eligible for care under the \nprogram developed under subsection (a) if the veteran is otherwise \neligible for care under this chapter and--\n ``(1) served on active duty in a theater of combat \n operations (as determined by the Secretary in consultation with \n the Secretary of Defense) during a period of war after the \n Persian Gulf War, or in combat against a hostile force during a \n period of hostilities (as defined in section 1712A(a)(2)(B) of \n this title) after November 11, 1998;\n ``(2) is diagnosed as suffering from moderate to severe \n traumatic brain injury; and\n ``(3) is unable to manage routine activities of daily \n living without supervision or assistance.\n ``(d) Report.--Not later than one year after the date of the \nenactment of this Act, and annually thereafter, the Secretary shall \nsubmit to the Committees on Veterans' Affairs of the Senate and the \nHouse of Representatives a report containing the following information:\n ``(1) A description of the operation of the program.\n ``(2) The number of veterans provided care under the \n program during the year preceding such report.\n ``(3) The annual cost of operating the program.\n``Sec. 1793. Traumatic brain injury transition offices\n ``(a) Establishment.--The Secretary shall establish a traumatic \nbrain injury transition office at each Department polytrauma network \nsite for the purposes of coordinating the provision of health-care and \nservices to veterans who suffer from moderate to severe traumatic brain \ninjuries and are in need of health-care and services not immediately \noffered by the Department.\n ``(b) Cooperative Agreements.--The Secretary, through each such \noffice established under subsection (a), shall have the authority to \narrange for the provision of health-care and services through \ncooperative agreements with appropriate public or private entities that \nhave established long-term neurobehavioral rehabilitation and recovery \nprograms.\n``Sec. 1794. Traumatic brain injury registry\n ``(a) In General.--The Secretary shall establish and maintain a \nregistry to be known as the `Traumatic Brain Injury Veterans' Health \nRegistry' (in this section referred to as the `Registry').\n ``(b) Description.--The Registry shall include the following \ninformation:\n ``(1) A list containing the name of each individual who \n served as a member of the Armed Forces in Operation Enduring \n Freedom or Operation Iraqi Freedom who exhibits symptoms \n associated with traumatic brain injury and who--\n ``(A) applies for care and services from the \n Department under this chapter; or\n ``(B) files a claim for compensation under chapter \n 11 of this title on the basis of any disability which \n may be associated with such service; and\n ``(2) any relevant medical data relating to the health \n status of an individual described in paragraph (1) and any \n other information the Secretary considers relevant and \n appropriate with respect to such an individual if the \n individual--\n ``(A) grants permission to the Secretary to include \n such information in the Registry; or\n ``(B) is deceased at the time such individual is \n listed in the Registry.\n ``(c) Notification.--The Secretary shall notify individuals listed \nin the Registry of significant developments in research on the health \nconsequences of military service in the Operation Enduring Freedom and \nOperation Iraqi Freedom theaters of operations.''.\n (2) Clerical amendment.--The table of contents at the \n beginning of such chapter is amended by adding at the end the \n following new items:\n\n ``subchapter ix--traumatic brain injury\n\n``1791. Screening for traumatic brain injuries.\n``1792. Comprehensive program for long-term traumatic brain injury \n rehabilitation.\n``1793. Traumatic brain injury transition offices.\n``1794. Traumatic brain injury registry.''.\n (b) Effective Date.--The Secretary shall implement the requirements \nof subchapter IX of title 38, United States Code, as added by \nsubsection (a), not later than 180 days after the date of the enactment \nof this Act.","summary":"Veterans Traumatic Brain Injury Treatment Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program to screen veterans eligible for Department of Veterans Affairs (VA) hospital, medical, and nursing home care for symptoms of traumatic brain injury (TBI). (2) develop and carry out a program of long-term care for post-acute TBI rehabilitation. (3) establish a TBI transition office at each VA polytrauma network site to coordinate the provision of health care and services to veterans who suffer from moderate to severe TBI and are in need of health care and services not immediately offered by the VA. And (4) establish and maintain the Traumatic Brain Injury Veterans' Health Registry.","title":"To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to screen certain veterans for symptoms of traumatic brain injury, and for other purposes.","text_len":6535,"sum_len":713} {"bill_id":"103_hr3489","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Infrastructure Reinvestment and \nEconomic Revitalization Act of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the quality of our Nation's transportation \n infrastructure and the efficient movement of people and goods \n are directly linked to our Nation's economic productivity and \n competitiveness;\n (2) our Nation's trading partners, with whom we compete in \n the global economy, have invested substantial amounts of their \n resources into capital infrastructure investment and currently \n enjoy productivity growth rates that are more than triple the \n United States growth rate;\n (3) to compete in the global marketplace of the 1990's, the \n United States must substantially increase its level of \n infrastructure investment as soon as possible;\n (4) by allowing infrastructure investment to drop from 2.4 \n percent of the gross national product in the late 1960's to \n less than 0.3 percent in the 1980's, our Nation has neglected \n the foundation of economic growth; and\n (5) without a substantial influx of new capital, \n infrastructure investment will not be able to keep pace with \n the rapid rate of infrastructure decay that will result in \n crumbling roads, increasing traffic congestion, higher costs, \n and inadequate transit systems.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) Issuance of bonds to finance massive capital \n infrastructure reinvestment immediately.\n (2) Creation of thousands of productive new jobs by \n initiating new rehabilitation and construction projects.\n (3) Stimulation of the economy and creation of economic \n growth by increasing the efficiency of our Nation's \n infrastructure and investment in its long-term maintenance.\n (4) Complementing the purposes of the Intermodal Surface \n Transportation Efficiency Act of 1991 by creating a new \n financing mechanism to provide a more immediate source of \n funds.\n\nSEC. 3. INFRASTRUCTURE REINVESTMENT FUND.\n\n (a) Revenues From Highway Trust Fund.--Subsection (c) of section \n9503 of the Internal Revenue Code of 1986 (relating to Highway Trust \nFund) is amended by adding at the end thereof the following new \nparagraph:\n ``(7) Infrastructure reinvestment fund.--The Secretary \n shall pay from time to time from the Highway Trust Fund into \n the Infrastructure Reinvestment Fund amounts (as determined by \n him) equivalent to 2.5 cents per gallon of the taxes imposed by \n sections 4041(a) and 4081 which are received after September \n 30, 1994, and before October 1, 2024.''.\n (b) Infrastructure Reinvestment Fund.--\n (1) In general.--Subchapter A of chapter 98 of such Code \n (relating to trust fund code) is amended by adding at the end \n thereof the following new section:\n\n``SEC. 9512. INFRASTRUCTURE REINVESTMENT FUND.\n\n ``(a) Creation of Fund.--There is established in the Treasury of \nthe United States a trust fund to be known as the `Infrastructure \nReinvestment Fund', consisting of such amounts as may be appropriated \nor credited to such Fund as provided in this section, section \n9503(c)(7), or section 9602(b).\n ``(b) Transfers to Fund.--In addition to the amounts transferred \nunder section 9503(c)(7), there are hereby appropriated to the \nInfrastructure Reinvestment Fund amounts equivalent to 2.5 cents per \ngallon of the taxes imposed by sections 4041(a) and 4081 which are \nreceived after September 30, 1994, and before October 1, 2024.\n ``(c) Expenditures From Fund.--Amounts in the Infrastructure \nReinvestment Fund shall be available, as provided in appropriation \nActs, only for purposes of carrying out section 5 of the Infrastructure \nReinvestment and Economic Revitalization Act of 1993.\n ``(d) Infrastructure Bonds.--\n ``(1) In general.--There are authorized to be appropriated \n to the Infrastructure Reinvestment Fund, as repayable advances, \n the maximum amount (less an appropriate reserve) which the \n Secretary estimates may be fully amortized before October 1, \n 2024--\n ``(A) based on an amortization schedule comparable \n to a 30-year bond issued as part of the public debt, \n and\n ``(B) using only amounts appropriated to such Fund \n under subsection (b) (and interest thereon) with \n respect to infrastructure reinvestment taxes received \n in the Treasury before such date.\n ``(2) Repayment of advances.--Advances made to the \n Infrastructure Reinvestment Fund shall be repaid, and interest \n on such advances shall be paid, under such terms and conditions \n as the Secretary shall prescribe.\n ``(3) Final repayment.--No advance shall be made to the \n Infrastructure Reinvestment Fund after September 30, 2024, and \n all advances made to such Fund shall be repaid on or before \n such date.\n ``(4) Rate of interest.--Interest on advances made pursuant \n to this subsection shall be determined in accordance with \n section 9509(d)(3)(C).''.\n (2) Clerical amendment.--The table of sections for such \n subchapter A is amended by adding at the end thereof the \n following new item:\n\n ``Sec. 9512. Infrastructure Reinvestment \n Fund.''.\n\nSEC. 4. OFF-BUDGET STATUS OF FUND.\n\n Notwithstanding any other provision of law, the receipts and \ndisbursements of the Infrastructure Reinvestment Fund shall not be \ncounted as new budget authority, outlays, receipts, or deficit or \nsurplus for purposes of--\n (1) the budget of the United States Government as submitted \n by the President,\n (2) the congressional budget, or\n (3) the Balanced Budget and Emergency Deficit Control Act \n of 1985.\n\nSEC. 5. INFRASTRUCTURE REINVESTMENT PROGRAM.\n\n (a) Authorization of Appropriations.--There shall be available, out \nof the Infrastructure Reinvestment Fund, for fiscal year 1995 to the \nSecretary for carrying out surface transportation programs an amount \nequal to the aggregate amount advanced to such Fund under section \n9512(d) of the Internal Revenue Code of 1986 plus interest thereon. \nSuch sums shall remain available until expended.\n (b) Allocation of Funds Among Programs.--From the funds made \navailable by subsection (a), the Secretary shall make available to \ncarry out a surface transportation program an amount determined by \nmultiplying--\n (1) the amount of funds made available by subsection (a), \n and\n (2) the quotient of the amount of funds made available for \n such program for fiscal year 1993 divided by the aggregate of \n all funds made available for all such programs for fiscal year \n 1993.\n (c) Applicability of Apportionment Formulas and Other Provisions.--\n (1) In general.--Except as otherwise provided by this Act, \n funds made available to a surface transportation program under \n subsection (b) shall be subject to apportionment, Federal \n share, planning, design, period of availability, and other \n requirements in the same manner and to the same extent as if \n such funds were made available, out of the Highway Trust Fund, \n for such program.\n (2) Obligation limitation.--Funds made available by \n subsection (a) shall not be subject to any obligation \n limitation.\n (d) Contract Authority.--Approval by the Secretary of a grant, \nproject, or contract with funds made available by subsection (a) shall \nbe deemed a contractual obligation of the United States for payment of \nthe Federal share of the cost of the grant, project, or contract.\n\nSEC. 6. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Transportation.\n (2) Surface transportation program.--The term ``surface \n transportation program'' means any program or project for which \n funds are made available for fiscal year 1993 by or under the \n Intermodal Surface Transportation Efficiency Act of 1991 and \n any Act amended by the Intermodal Surface Transportation \n Efficiency Act of 1991, including title 23, United States Code, \n the Federal Transit Act, and the Surface Transportation \n Assistance Act of 1982. Such term shall not include--\n (A) any project described in section 1103, 1104, \n 1105, 1106, 1107, or 1108 of the Intermodal Surface \n Transportation Efficiency Act of 1991; and\n (B) the national recreation trails funding program \n under part B of title I of such Act.","summary":"Infrastructure Reinvestment and Economic Revitalization Act of 1993 - Amends the Internal Revenue Code to require the Secretary of the Treasury to pay from time to time from the Highway Trust Fund into the Infrastructure Reinvestment Fund Reinvestment Fund amounts equivalent to 2.5 cents per gallon of the taxes imposed on diesel and special motor fuels and on the removal, entry, or sale of gasoline between September 30, 1994, and October 1, 2024. Establishes the Infrastructure Reinvestment Fund. Makes the Fund off-budget. Authorizes appropriations from such Fund for surface transportation programs.","title":"Infrastructure Reinvestment and Economic Revitalization Act of 1993","text_len":9220,"sum_len":605} {"bill_id":"110_hr6577","text":"AND ENFORCEMENT\n\n``Section 7.1. Good Faith Implementation.\n ``Each of the Parties pledges to support implementation of all \nprovisions of this Compact, and covenants that its officers and \nagencies shall not hinder, impair, or prevent any other Party carrying \nout any provision of this Compact.\n``Section 7.2. Alternative Dispute Resolution.\n ``1. Desiring that this Compact be carried out in full, the Parties \nagree that disputes between the Parties regarding interpretation, \napplication and implementation of this Compact shall be settled by \nalternative dispute resolution.\n ``2. The Council, in consultation with the Provinces, shall provide \nby rule procedures for the resolution of disputes pursuant to this \nsection.\n``Section 7.3. Enforcement.\n ``1. Any Person aggrieved by any action taken by the Council \npursuant to the authorities contained in this Compact shall be entitled \nto a hearing before the Council. Any Person aggrieved by a Party action \nshall be entitled to a hearing pursuant to the relevant Party's \nadministrative procedures and laws. After exhaustion of such \nadministrative remedies, (i) any aggrieved Person shall have the right \nto judicial review of a Council action in the United States District \nCourts for the District of Columbia or the District Court in which the \nCouncil maintains offices, provided such action is commenced within 90 \ndays; and, (ii) any aggrieved Person shall have the right to judicial \nreview of a Party's action in the relevant Party's court of competent \njurisdiction, provided that an action or proceeding for such review is \ncommenced within the time frames provided for by the Party's law. For \nthe purposes of this paragraph, a State or Province is deemed to be an \naggrieved Person with respect to any Party action pursuant to this \nCompact.\n ``2. a. Any Party or the Council may initiate actions to compel \ncompliance with the provisions of this Compact, and the rules and \nregulations promulgated hereunder by the Council. Jurisdiction over \nsuch actions is granted to the court of the relevant Party, as well as \nthe United States District Courts for the District of Columbia and the \nDistrict Court in which the Council maintains offices. The remedies \navailable to any such court shall include, but not be limited to, \nequitable relief and civil penalties.\n ``b. Each Party may issue orders within its respective jurisdiction \nand may initiate actions to compel compliance with the provisions of \nits respective statutes and regulations adopted to implement the \nauthorities contemplated by this Compact in accordance with the \nprovisions of the laws adopted in each Party's jurisdiction.\n ``3. Any aggrieved Person, Party or the Council may commence a \ncivil action in the relevant Party's courts and administrative systems \nto compel any Person to comply with this Compact should any such \nPerson, without approval having been given, undertake a New or \nIncreased Withdrawal, Consumptive Use or Diversion that is prohibited \nor subject to approval pursuant to this Compact.\n ``a. No action under this subsection may be commenced if:\n ``i. The Originating Party or Council approval for \n the New or Increased Withdrawal, Consumptive Use or \n Diversion has been granted; or,\n ``ii. The Originating Party or Council has found \n that the New or Increased Withdrawal, Consumptive Use \n or Diversion is not subject to approval pursuant to \n this Compact.\n ``b. No action under this subsection may be commenced \n unless:\n ``i. A Person commencing such action has first \n given 60 days prior notice to the Originating Party, \n the Council and Person alleged to be in noncompliance; \n and,\n ``ii. Neither the Originating Party nor the Council \n has commenced and is diligently prosecuting appropriate \n enforcement actions to compel compliance with this \n Compact.\n The available remedies shall include equitable relief, and the \n prevailing or substantially prevailing party may recover the \n costs of litigation, including reasonable attorney and expert \n witness fees, whenever the court determines that such an award \n is appropriate.\n ``4. Each of the Parties may adopt provisions providing additional \nenforcement mechanisms and remedies including equitable relief and \ncivil penalties applicable within its jurisdiction to assist in the \nimplementation of this Compact.\n\n ``ARTICLE 8\n\n ``ADDITIONAL PROVISIONS\n\n``Section 8.1. Effect on Existing Rights.\n ``1. Nothing in this Compact shall be construed to affect, limit, \ndiminish or impair any rights validly established and existing as of \nthe effective date of this Compact under State or federal law governing \nthe Withdrawal of Waters of the Basin.\n ``2. Nothing contained in this Compact shall be construed as \naffecting or intending to affect or in any way to interfere with the \nlaw of the respective Parties relating to common law Water rights.\n ``3. Nothing in this Compact is intended to abrogate or derogate \nfrom treaty rights or rights held by any Tribe recognized by the \nfederal government of the United States based upon its status as a \nTribe recognized by the federal government of the United States.\n ``4. An approval by a Party or the Council under this Compact does \nnot give any property rights, nor any exclusive privileges, nor shall \nit be construed to grant or confer any right, title, easement, or \ninterest in, to or over any land belonging to or held in trust by a \nParty; neither does it authorize any injury to private property or \ninvasion of private rights, nor infringement of federal, State or local \nlaws or regulations; nor does it obviate the necessity of obtaining \nfederal assent when necessary.\n``Section 8.2. Relationship to Agreements Concluded by the United \nStates of America.\n ``1. Nothing in this Compact is intended to provide nor shall be \nconstrued to provide, directly or indirectly, to any Person any right, \nclaim or remedy under any treaty or international agreement nor is it \nintended to derogate any right, claim, or remedy that already exists \nunder any treaty or international agreement.\n ``2. Nothing in this Compact is intended to infringe nor shall be \nconstrued to infringe upon the treaty power of the United States of \nAmerica, nor shall any term hereof be construed to alter or amend any \ntreaty or term thereof that has been or may hereafter be executed by \nthe United States of America.\n ``3. Nothing in this Compact is intended to affect nor shall be \nconstrued to affect the application of the Boundary Waters Treaty of \n1909 whose requirements continue to apply in addition to the \nrequirements of this Compact.\n``Section 8.3. Confidentiality.\n ``1. Nothing in this Compact requires a Party to breach \nconfidentiality obligations or requirements prohibiting disclosure, or \nto compromise security of commercially sensitive or proprietary \ninformation.\n ``2. A Party may take measures, including but not limited to \ndeletion and redaction, deemed necessary to protect any confidential, \nproprietary or commercially sensitive information when distributing \ninformation to other Parties. The Party shall summarize or paraphrase \nany such information in a manner sufficient for the Council to exercise \nits authorities contained in this Compact.\n``Section 8.4. Additional Laws.\n ``Nothing in this Compact shall be construed to repeal, modify or \nqualify the authority of any Party to enact any legislation or enforce \nany additional conditions and restrictions regarding the management and \nregulation of Waters within its jurisdiction.\n``Section 8.5. Amendments and Supplements.\n ``The provisions of this Compact shall remain in full force and \neffect until amended by action of the governing bodies of the Parties \nand consented to and approved by any other necessary authority in the \nsame manner as this Compact is required to be ratified to become \neffective.\n``Section 8.6. Severability.\n ``Should a court of competent jurisdiction hold any part of this \nCompact to be void or unenforceable, it shall be considered severable \nfrom those portions of the Compact capable of continued implementation \nin the absence of the voided provisions. All other provisions capable \nof continued implementation shall continue in full force and effect.\n``Section 8.7. Duration of Compact and Termination.\n ``Once effective, the Compact shall continue in force and remain \nbinding upon each and every Party unless terminated.\n ``This Compact may be terminated at any time by a majority vote of \nthe Parties. In the event of such termination, all rights established \nunder it shall continue unimpaired.\n\n ``ARTICLE 9\n\n ``EFFECTUATION\n\n``Section 9.1. Repealer.\n ``All acts and parts of acts inconsistent with this act are to the \nextent of such inconsistency hereby repealed.\n``Section 9.2. Effectuation by Chief Executive.\n ``The Governor is authorized to take such action as may be \nnecessary and proper in his or her discretion to effectuate the Compact \nand the initial organization and operation thereunder.\n``Section 9.3. Entire Agreement.\n ``The Parties consider this Compact to be complete and an integral \nwhole. Each provision of this Compact is considered material to the \nentire Compact, and failure to implement or adhere to any provision may \nbe considered a material breach. Unless otherwise noted in this \nCompact, any change or amendment made to the Compact by any Party in \nits implementing legislation or by the U.S. Congress when giving its \nconsent to this Compact is not considered effective unless concurred in \nby all Parties.\n``Section 9.4. Effective Date and Execution.\n ``This Compact shall become binding and effective when ratified \nthrough concurring legislation by the states of Illinois, Indiana, \nMichigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth \nof Pennsylvania and consented to by the Congress of the United States. \nThis Compact shall be signed and sealed in nine identical original \ncopies by the respective chief executives of the signatory Parties. One \nsuch copy shall be filed with the Secretary of State of each of the \nsignatory Parties or in accordance with the laws of the state in which \nthe filing is made, and one copy shall be filed and retained in the \narchives of the Council upon its organization. The signatures shall be \naffixed and attested under the following form:\n ``In Witness Whereof, and in evidence of the adoption and enactment \ninto law of this Compact by the legislatures of the signatory parties \nand consent by the Congress of the United States, the respective \nGovernors do hereby, in accordance with the authority conferred by law, \nsign this Compact in nine duplicate original copies, attested by the \nrespective Secretaries of State, and have caused the seals of the \nrespective states to be hereunto affixed this ____ day of (month), \n(year).''.\n\nSEC. 2. RIGHT TO ALTER, AMEND, OR APPEAL.\n\n Congress expressly reserves the right to alter, amend, or repeal \nthis Act.\n ","summary":"Grants congressional consent to and approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact entered into between the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania. Reserves the right to alter, amend, or repeal this Act.","title":"To express the consent and approval of Congress to an interstate compact regarding water resources in the Great Lakes-St. Lawrence River Basin.","text_len":11487,"sum_len":312} {"bill_id":"107_s1572","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom Consolidation Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In the NATO Participation Act of 1994 (title II of \n Public Law 103-447; 22 U.S.C. 1928 note), Congress declared \n that ``full and active participants in the Partnership for \n Peace in a position to further the principles of the North \n Atlantic Treaty and to contribute to the security of the North \n Atlantic area should be invited to become full NATO members in \n accordance with Article 10 of such Treaty at an early \n date...''.\n (2) In the NATO Enlargement Facilitation Act of 1996 (title \n VI of section 101(c) of title I of division A of Public Law \n 104-208; 22 U.S.C. 1928 note), Congress called for the prompt \n admission of Poland, Hungary, the Czech Republic, and Slovenia \n to NATO, and declared that ``in order to promote economic \n stability and security in Slovakia, Estonia, Latvia, Lithuania, \n Romania, Bulgaria, Albania, Moldova, and Ukraine...the process \n of enlarging NATO to include emerging democracies in Central \n and Eastern Europe should not be limited to consideration of \n admitting Poland, Hungary, the Czech Republic, and Slovenia as \n full members of the NATO Alliance''.\n (3) In the European Security Act of 1998 (title XXVII of \n division G of Public Law 105-277; 22 U.S.C. 1928 note), \n Congress declared that ``Poland, Hungary, and the Czech \n Republic should not be the last emerging democracies in Central \n and Eastern Europe invited to join NATO'' and that ``Romania, \n Estonia, Latvia, Lithuania, and Bulgaria...would make an \n outstanding contribution to furthering the goals of NATO and \n enhancing stability, freedom, and peace in Europe should they \n become NATO members [and] upon complete satisfaction of all \n relevant criteria should be invited to become full NATO members \n at the earliest possible date''.\n (4) At the Madrid Summit of the NATO Alliance in July 1997, \n Poland, Hungary, and the Czech Republic were invited to join \n the Alliance in the first round of NATO enlargement, and the \n NATO heads of state and government issued a declaration stating \n ``[t]he Alliance expects to extend further invitations in \n coming years to nations willing and able to assume the \n responsibilities and obligations of membership...[n]o European \n democratic country whose admission would fulfill the objectives \n of the [North Atlantic] Treaty will be excluded from \n consideration''.\n (5) At the Washington Summit of the NATO Alliance in April \n 1999, the NATO heads of state and government issued a \n communique declaring ``[w]e pledge that NATO will continue to \n welcome new members in a position to further the principles of \n the [North Atlantic] Treaty and contribute to peace and \n security in the Euro-Atlantic area...[t]he three new members \n will not be the last...[n]o European democratic country whose \n admission would fulfill the objectives of the Treaty will be \n excluded from consideration, regardless of its geographic \n location...''.\n (6) In late 2002, NATO will hold a summit in Prague, the \n Czech Republic, at which it will decide which additional \n emerging democracies in Central and Eastern Europe to invite to \n join the Alliance in the next round of NATO enlargement.\n (7) In May 2000 in Vilnius, Lithuania, the foreign \n ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the \n Former Yugoslav Republic of Macedonia, Romania, Slovakia, and \n Slovenia issued a statement (later joined by Croatia) declaring \n that their countries will cooperate in jointly seeking NATO \n membership in the next round of NATO enlargement, that the \n realization of NATO membership by one or more of these \n countries would be a success for all, and that eventual NATO \n membership for all of these countries would be a success for \n Europe and NATO.\n (8) On June 15, 2001, in a speech in Warsaw, Poland, \n President George W. Bush stated ``[a]ll of Europe's new \n democracies, from the Baltic to the Black Sea and all that lie \nbetween, should have the same chance for security and freedom--and the \nsame chance to join the institutions of Europe--as Europe's old \ndemocracies have...I believe in NATO membership for all of Europe's \ndemocracies that seek it and are ready to share the responsibilities \nthat NATO brings...[a]s we plan to enlarge NATO, no nation should be \nused as a pawn in the agenda of others...[w]e will not trade away the \nfate of free European peoples...[n]o more Munichs...[n]o more \nYaltas...[a]s we plan the Prague Summit, we should not calculate how \nlittle we can get away with, but how much we can do to advance the \ncause of freedom''.\n (9) On October 22, 1996, in a speech in Detroit, Michigan, \n former President William J. Clinton stated ``NATO's doors will \n not close behind its first new members...NATO should remain \n open to all of Europe's emerging democracies who are ready to \n shoulder the responsibilities of membership...[n]o nation will \n be automatically excluded...[n]o country outside NATO will have \n a veto...[a] gray zone of insecurity must not reemerge in \n Europe''.\n\nSEC. 3. DECLARATIONS OF POLICY.\n\n Congress--\n (1) reaffirms its previous expressions of support for \n continued enlargement of the NATO Alliance contained in the \n NATO Participation Act of 1994, the NATO Enlargement \n Facilitation Act of 1996, and the European Security Act of \n 1998;\n (2) supports the commitment to further enlargement of the \n NATO Alliance expressed by the Alliance in its Madrid \n Declaration of 1997 and its Washington Summit Communique of \n 1999; and\n (3) endorses the vision of further enlargement of the NATO \n Alliance articulated by President George W. Bush on June 15, \n 2001, and by former President William J. Clinton on October 22, \n 1996, and urges our NATO allies to work with the United States \n to realize this vision at the Prague Summit in 2002.\n\nSEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO \n PARTICIPATION ACT OF 1994.\n\n (a) In General.--Slovakia is designated as eligible to receive \nassistance under the program established under section 203(a) of the \nNATO Participation Act of 1994 (title II of Public Law 103-447; 22 \nU.S.C. 1928 note) and shall be deemed to have been so designated \npursuant to section 203(d)(1) of such Act.\n (b) Rule of Construction.--The designation of Slovakia pursuant to \nsubsection (a) as eligible to receive assistance under the program \nestablished under section 203(a) of the NATO Participation Act of \n1994--\n (1) is in addition to the designation of Poland, Hungary, \n the Czech Republic, and Slovenia pursuant to section 606 of the \n NATO Enlargement Facilitation Act of 1996 (title VI of section \n 101(c) of title I of division A of Public Law 104-208; 22 \n U.S.C. 1928 note) and the designation of Romania, Estonia, \n Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of \n the European Security Act of 1998 (title VII of division G of \n Public Law 105-277; 22 U.S.C. 1928 note) as eligible to receive \n assistance under the program established under section 203(a) \n of the NATO Participation Act of 1994; and\n (2) shall not preclude the designation by the President of \n other emerging democracies in Central and Eastern Europe \n pursuant to section 203(d)(2) of the NATO Participation Act of \n 1994 as eligible to receive assistance under the program \n established under section 203(a) of such Act.\n\nSEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED \n UNDER THE NATO PARTICIPATION ACT OF 1994.\n\n (a) Authorization of Foreign Military Financing.--Of the amounts \nmade available for fiscal year 2002 under section 23 of the Arms Export \nControl Act (22 U.S.C. 2763)--\n (1) $6,500,000 is authorized to be available on a grant \n basis for Estonia;\n (2) $7,000,000 is authorized to be available on a grant \n basis for Latvia;\n (3) $7,500,000 is authorized to be available on a grant \n basis for Lithuania;\n (4) $8,500,000 is authorized to be available on a grant \n basis for Slovakia;\n (5) $4,500,000 is authorized to be available on a grant \n basis for Slovenia;\n (6) $10,000,000 is authorized to be available on a grant \n basis for Bulgaria; and\n (7) $11,500,000 is authorized to be available on a grant \n basis for Romania.\n (b) Conforming Amendment.--Subsection (a) of section 515 of the \nSecurity Assistance Act of 2000 (Public Law 106-280) is amended by \nstriking paragraphs (1), (5), (6), (7), and (8) and redesignating \nparagraphs (2), (3), (4), and (9) as paragraphs (1) through (4), \nrespectively.","summary":"Freedom Consolidation Act of 2001 - Reaffirms support for continued enlargement of the North Atlantic Treaty Organization (NATO) Alliance. Designates Slovakia for participation in the Partnership for Peace and eligible to receive certain security assistance under the NATO Participation Act of 1994. Authorizes specified amounts of security assistance for FY 2002 for Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, and Romania.","title":"A bill to endorse the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and for other purposes.","text_len":9543,"sum_len":438} {"bill_id":"111_hr230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Opportunity and Mortgage \nEquity Act of 2009''.\n\nSEC. 2. AFFORDABLE REFINANCING MORTGAGES AND NEW MORTGAGES.\n\n (a) Authority.--The Federal National Mortgage Association and the \nFederal Home Loan Mortgage Corporation shall each carry out a program \nunder this section to purchase and securitize qualified refinancing \nmortgages and qualified new mortgages on single-family housing, in \naccordance with this section and policies and procedures that the \nDirector of the Federal Housing Finance Agency shall establish.\n (b) Purchase of Qualified Mortgages.--\n (1) Requirement to purchase.--If a lender proffers to an \n enterprise, in accordance with requirements established by the \n Director, a mortgage or mortgages for purchase under this \n section, the enterprise shall make a determination of whether \n such mortgage or mortgages are qualified mortgages. Subject to \n subsection (g), if the enterprise determines that such mortgage \n or mortgages meet the requirements for qualified mortgages, the \n enterprise shall make a commitment to purchase, and shall \n purchase, the mortgage or mortgages.\n (2) Advance commitments.--The Director shall require each \n enterprise to establish a procedure for approval of lenders to \n receive commitments, in advance of the origination of qualified \n mortgages, for purchase of such mortgages under this section by \n the enterprise.\n (c) Qualified Mortgages.--\n (1) Qualified mortgage.--For purposes of this section, the \n term ``qualified mortgage'' means a mortgage that is a \n qualified refinancing mortgage or a qualified new mortgage.\n (2) Qualified refinancing mortgage.--For purposes of this \n section, the term ``qualified refinancing mortgage'' means a \n mortgage that meets the following requirements:\n (A) Single-family housing.--The property subject to \n the mortgage shall be a one- to four-family dwelling, \n including a condominium or a share in a cooperative \n ownership housing association.\n (B) Principal residence.--The mortgagor under the \n mortgage shall occupy the property subject to the \n mortgage as his or her principal residence.\n (C) Refinancing.--The principal loan amount \n repayment of which is secured by the mortgage shall be \n used to satisfy all indebtedness under an existing \n first mortgage that--\n (i) was made for purchase of, or \n refinancing another first mortgage on, the same \n property that is subject to the qualified \n refinancing mortgage; and\n (ii) was originated on or before January 1, \n 2008.\n (D) Interest rate; term to maturity.--The mortgage \n shall--\n (i) bear interest at a single rate that is \n fixed for the entire term of the mortgage, \n which shall not exceed 4.0 percent annually; \n and\n (ii) have a term to maturity of not less \n than 30 years and not more than 40 years from \n the date of the beginning of the amortization \n of the mortgage.\n (E) Underwriting standards.--The mortgage shall \n meet such underwriting standards as the Director shall \n require.\n (F) Waiver of prepayment penalties.--All penalties \n for prepayment or refinancing of the underlying \n mortgage refinanced by the mortgage, and all fees and \n penalties related to the default or delinquency on such \n mortgage, shall have been waived or forgiven.\n (3) Qualified new mortgage.--For purposes of this section, \n the term ``qualified new mortgage'' means a mortgage that meets \n the following requirements:\n (A) Terms.--The mortgage meets the requirements \n under subparagraphs (A), (B), (D), and (E) of paragraph \n (2).\n (B) Home purchase.--The principal loan amount \n repayment of which is secured by the mortgage shall be \n used to purchase the property that is subject to the \n qualified new mortgage.\n (C) New mortgages.--The mortgage was originated on \n or after the date of the enactment of this Act.\n (d) Exceptions to Underwriting Standards.--Each enterprise shall \nestablish such exceptions to the underwriting standards of the \nenterprise, including downpayment and credit rating standards, that \nconform to the underwriting standards established pursuant to \nsubsection (c)(5), as may be necessary to allow the enterprise to \npurchase and securitize qualified refinancing mortgages and qualified \nnew mortgages under this section, in accordance with such requirements \nas the Director shall establish.\n (e) Securitization.--\n (1) Requirement.--Each enterprise shall, upon such terms \n and conditions as it may prescribe, set aside any qualified \n mortgages purchased by it under this section and, upon approval \n of the Secretary of the Treasury, issue and sell securities \n based upon such mortgages set aside.\n (2) Form.--Securities issued under this subsection may be \n in the form of debt obligations or trust certificates of \n beneficial interest, or both.\n (3) Terms.--Securities issued under this subsection shall \n have such maturities and bear such rate or rates of interest as \n may be determined by the enterprise with the approval of the \n Secretary.\n (4) Exemption.--Securities issued by an enterprise under \n this subsection shall, to the same extent as securities which \n are direct obligations of or obligations guaranteed as to \n principal and interest by the United States, be deemed to be \n exempt securities within the meaning of laws administered by \n the Securities and Exchange Commission.\n (5) Principal and interest payments.--Mortgages set aside \n pursuant to this subsection shall at all times be adequate to \n enable the issuing enterprise to make timely principal and \n interest payments on the securities issued and sold pursuant to \n this subsection.\n (6) Required disclosure.--Each enterprise shall insert \n appropriate language in all of the securities issued under this \n subsection clearly indicating that such securities, together \n with the interest thereon, are not guaranteed by the United \n States and do not constitute a debt or obligation of the United \n States or any agency or instrumentality thereof other than the \n enterprise.\n (f) Federal Reserve Financing Facility.--The Board of Governors of \nthe Federal Reserve System shall establish a credit facility of the \nFederal Reserve System to make credit available to the enterprises at \ninterest rates comparable to rates on securities issued by the \nSecretary of the Treasury under chapter 31 of title 31, United States \nCode, and having comparable terms, as determined by the Board.\n (g) Termination.--The requirement under subsection (b)(1) for the \nenterprises to purchase mortgages shall not apply to any mortgage \nproferred to an enterprise after December 31, 2010.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Director.--The term ``Director'' means the Director of \n the Federal Housing Finance Agency.\n (2) Enterprise.--The term ``enterprise'' means the Federal \n National Mortgage Association and the Federal Home Loan \n Mortgage Corporation.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.","summary":"Housing Opportunity and Mortgage Equity Act of 2009 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to implement a program to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing in accordance with policies and procedures established by the Director of the Federal Housing Finance Agency (FHFA). Sets forth requirements for the purchase and securitization of qualified mortgages. Directs the Board of Governors of the Federal Reserve System to establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to certain rates on securities issued by the Secretary of the Treasury. Terminates the requirement under this Act for the enterprises to purchase mortgages after December 31, 2010.","title":"To prevent foreclosure of home mortgages and increase the availability of affordable new mortgages.","text_len":8356,"sum_len":862} {"bill_id":"107_s396","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``White House Quadrennial Small \nBusiness Summit Act of 2001''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the term ``Administrator'' means the Administrator of \n the Small Business Administration;\n (2) the term ``Chief Counsel'' means the Chief Counsel for \n Advocacy of the Small Business Administration;\n (3) the term ``Small Business Commission'' means the \n national White House Quadrennial Commission on Small Business \n established under section 6;\n (4) the term ``Small Business Summit''--\n (A) means the White House Quadrennial Summit on \n Small Business conducted under section 3(a); and\n (B) includes the last White House Conference on \n Small Business occurring before 2002;\n (5) the term ``small business'' has the meaning given the \n term ``small business concern'' in section 3 of the Small \n Business Act;\n (6) the term ``State'' means any of the 50 States of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, and the United States Virgin Islands; and\n (7) the term ``State Summit'' means a State Summit on Small \n Business conducted under section 3(b).\n\nSEC. 3. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS.\n\n (a) Quadrennial Summits.--There shall be a national White House \nQuadrennial Summit on Small Business once every 4 years, to be held \nduring the second year following each Presidential election, to carry \nout the purposes set forth in section 4.\n (b) State Summits.--Each Small Business Summit referred to in \nsubsection (a) shall be preceded by a State Summit on Small Business, \nwith not fewer than 1 such summit held in each State, and with not \nfewer than 2 such summits held in any State having a population of more \nthan 10,000,000.\n\nSEC. 4. PURPOSES OF SMALL BUSINESS SUMMITS.\n\n The purposes of each Small Business Summit shall be--\n (1) to increase public awareness of the contribution of \n small business to the national economy;\n (2) to identify the problems of small business;\n (3) to examine the status of minorities and women as small \n business owners;\n (4) to assist small business in carrying out its role as \n the Nation's job creator;\n (5) to assemble small businesses to develop such specific \n and comprehensive recommendations for legislative and \n regulatory action as may be appropriate for maintaining and \n encouraging the economic viability of small business and \n thereby, the Nation; and\n (6) to review the status of recommendations adopted at the \n immediately preceding Small Business Summit.\n\nSEC. 5. SUMMIT PARTICIPANTS.\n\n (a) In General.--To carry out the purposes set forth in section 4, \nthe Small Business Commission shall conduct Small Business Summits and \nState Summits to bring together individuals concerned with issues \nrelating to small business.\n (b) Summit Delegates.--\n (1) Qualification.--Only individuals who are owners or \n officers of a small business shall be eligible for appointment \n or election as delegates (or alternates) to the Small Business \n Summit, or be eligible to vote in the selection of delegates at \n the State Summits pursuant to this subsection.\n (2) Appointed delegates.--Two months before the date of the \n first State Summit, there shall be--\n (A) 1 delegate (and 1 alternate) appointed by the \n Governor of each State;\n (B) 1 delegate (and 1 alternate) appointed by each \n Member of the House of Representatives, from the \n congressional district of that Member;\n (C) 1 delegate (and 1 alternate) appointed by each \n Member of the Senate from the home State of that \n Member; and\n (D) 53 delegates (and 53 alternates) appointed by \n the President, 1 from each State.\n (3) Elected delegates.--The participants at each State \n Summit shall elect 3 delegates and 3 alternates to the Small \n Business Summit for each congressional district within the \n State, or part of the State represented at the Summit, or not \n fewer than 9 delegates, pursuant to rules developed by the \n Small Business Commission.\n (4) Powers and duties.--Delegates to each Small Business \n Summit shall--\n (A) attend the State summits in his or her \n respective State;\n (B) elect a delegation chairperson, vice \n chairperson, and other leadership as may be necessary;\n (C) conduct meetings and other activities at the \n State level before the date of the Small Business \n Summit, subject to the approval of the Small Business \n Commission; and\n (D) direct such State level summits, meetings, and \n activities toward the consideration of the purposes set \n forth in section 4, in order to prepare for the next \n Small Business Summit.\n (5) Alternates.--Alternates shall serve during the absence \n or unavailability of the delegate.\n (c) Role of the Chief Counsel.--The Chief Counsel shall, after \nconsultation and in coordination with the Small Business Commission, \nassist in carrying out the Small Business Summits and State Summits \nrequired by this Act by--\n (1) preparing and providing background information and \n administrative materials for use by participants in the \n summits;\n (2) distributing issue information and administrative \n communications, electronically where possible through an \n Internet web site and e-mail, and in printed form if requested;\n (3) maintaining an Internet web site and regular e-mail \n communications after each Small Business Summit to inform \n delegates and the public of the status of recommendations and \n related governmental activity; and\n (4) maintaining, between summits, an active interim \n organization of delegate representatives from each region of \n the Administration, to advise the Chief Counsel on each of the \n major small business issue areas, and monitor the progress of \n the Summits' recommendations.\n (d) Expenses.--Each delegate (and alternate) to each Small Business \nSummit and State Summit--\n (1) shall be responsible for the expenses of that delegate \n related to attending the summits; and\n (2) shall not be reimbursed either from funds made \n available pursuant to this section or the Small Business Act.\n (e) Advisory Committee.--\n (1) In general.--The Small Business Commission shall \n appoint a Summit Advisory Committee, which shall be composed of \n 10 individuals who were participants at the most recently \n preceding Small Business Summit, to advise the Small Business \n Commission on the organization, rules, and processes of the \n Summits.\n (2) Preference.--Preference for appointment under this \n subsection shall be given to individuals who have been active \n participants in the implementation process following the most \n recently preceding Small Business Summit.\n (f) Public Participation.--Small Business Summits and State Summits \nshall be open to the public, and no fee or charge may be imposed on any \nattendee, other than an amount necessary to cover the cost of any meal \nprovided, plus, with respect to State Summits, a registration fee to \ndefray the expense of meeting rooms and materials of not to exceed $20 \nper person.\n\nSEC. 6. WHITE HOUSE QUADRENNIAL COMMISSION ON SMALL BUSINESS.\n\n (a) Establishment.--There is established the White House \nQuadrennial Commission on Small Business.\n (b) Membership.--\n (1) Appointment.--The Small Business Commission shall be \n composed of 9 members, including--\n (A) the Chief Counsel;\n (B) 4 members appointed by the President;\n (C) 1 member appointed by the Majority Leader of \n the Senate;\n (D) 1 member appointed by the Minority Leader of \n the Senate;\n (E) 1 member appointed by the Majority Leader of \n the House of Representatives; and\n (F) 1 member appointed by the Minority Leader of \n the House of Representatives.\n (2) Selection.--Members of the Small Business Commission \n described in subparagraphs (B) through (F) of paragraph (1) \n shall be selected from among distinguished individuals noted \n for their knowledge and experience in fields relevant to the \n issue of small business and the purposes set forth in section \n 4.\n (3) Time of appointment.--The appointments required by \n paragraph (1)--\n (A) shall be made not later than 18 months before \n the opening date of each Small Business Summit; and\n (B) shall expire 6 months after the date on which \n each Small Business Summit is convened.\n (c) Election of Chairperson.--At the first meeting of the Small \nBusiness Commission, a majority of the members present and voting shall \nelect a member of the Small Business Commission to serve as the \nChairperson.\n (d) Powers and Duties of Commission.--The Small Business \nCommission--\n (1) may enter into contracts with public agencies, private \n organizations, and academic institutions to carry out this Act;\n (2) shall consult, coordinate, and contract with an \n independent, nonpartisan organization that--\n (A) has both substantive and logistical experience \n in developing and organizing conferences and forums \n throughout the Nation with elected officials and other \n government and business leaders;\n (B) has experience in generating private resources \n from multiple States in the form of event sponsorships; \n and\n (C) can demonstrate evidence of a working \n relationship with Members of Congress from the majority \n and minority parties, and at least 1 Federal agency; \n and\n (3) shall prescribe such financial controls and accounting \n procedures as needed for the handling of funds from fees and \n charges and the payment of authorized meal, facility, travel, \n and other related expenses.\n (e) Planning and Administration of Summits.--In carrying out the \nSmall Business Summits and State Summits, the Small Business Commission \nshall consult with--\n (1) the Chief Counsel;\n (2) Congress; and\n (3) such other Federal agencies as the Small Business \n Commission determines to be appropriate.\n (f) Reports Required.--Not later than 6 months after the date on \nwhich each Small Business Summit is convened, the Small Business \nCommission shall submit to the President and to the Chairpersons and \nRanking Members of the Committees on Small Business of the Senate and \nthe House of Representatives a final report, which shall--\n (1) include the findings and recommendations of the Small \n Business Summit and any proposals for legislative action \n necessary to implement those recommendations; and\n (2) be made available to the public.\n (g) Quorum.--Four voting members of the Small Business Commission \nshall constitute a quorum for purposes of transacting business.\n (h) Meetings.--The Small Business Commission shall meet not later \nthan 20 calendar days after the appointment of the initial members of \nthe Small Business Commission, and not less frequently than every 30 \ncalendar days thereafter.\n (i) Vacancies.--Any vacancy on the Small Business Commission shall \nnot affect its powers, but shall be filled in the manner in which the \noriginal appointment was made.\n (j) Executive Director and Staff.--The Small Business Commission \nmay appoint and compensate an Executive Director and such other \npersonnel to conduct the Small Business Summits and State Summits as \nthe Small Business Commission may determine to be advisable, without \nregard to title 5, United States Code, governing appointments in the \ncompetitive service, and without regard to chapter 51 and subchapter \nIII of chapter 53 of such title, relating to classification and General \nSchedule pay rates, except that the rate of pay for the Executive \nDirector and other personnel may not exceed the rate payable for level \nV of the Executive Schedule under section 5316 of such title.\n (k) Funding.--Members of the Small Business Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nSmall Business Commission.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out each Small Business Summit and the State \nSummits required by this Act, $5,000,000, which shall remain available \nuntil expended. New spending authority or authority to enter contracts \nas provided in this title shall be effective only to such extent and in \nsuch amounts as are provided in advance in appropriations Acts.\n (b) Specific Earmark.--No amount made available to the Small \nBusiness Administration may be made available to carry out this title, \nother than amounts made available specifically for the purpose of \nconducting the Small Business Summits and State Summits.\n\n\n\n\n ","summary":"White House Quadrennial Small Business Summit Act of 2001 - Mandates a national White House Quadrennial Summit on Small Business, once every four years, to undertake specified actions with respect to the recognition, development, and promotion of American small business. Requires each Quadrennial Summit to be preceded by a State Summit on Small Business. Establishes the White House Quadrennial Commission on Small Business to: (1) conduct the Quadrennial and State Summits to bring together individuals concerned with issues relating to small business. And (2) appoint a Summit Advisory Committee from participants at the last Quadrennial Summit. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out the Quadrennial and State Summits. Requires each Summit's Commission to report to the President and the chairpersons and ranking members of the congressional small business committees on its findings, recommendations, and proposals for legislative changes to implement such recommendations. Authorizes appropriations.","title":"A bill to provide for national quadrennial summits on small business and State summits on small business, to establish the White House Quadrennial Commission on Small Business, and for other purposes.","text_len":15070,"sum_len":1069} {"bill_id":"107_s2951","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Aviation Administration \nResearch, Engineering, and Development Act of 2002''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Amounts Authorized.--Section 48102(a) of title 49, United \nStates Code, is amended--\n (1) by striking ``and'' at the end of paragraph (7);\n (2) by striking the period at the end of paragraph (8) and \n inserting a semicolon; and\n (3) by adding at the end the following:\n ``(9) for fiscal year 2003, $261,000,000, including--\n ``(A) $211,000,000 to improve aviation safety;\n ``(B) $18,000,000 to improve the efficiency of the \n air traffic control system;\n ``(C) $16,000,000 to reduce the environmental \n impact of aviation; and\n ``(D) $16,000,000 to improve the efficiency of \n mission support;\n ``(10) for fiscal year 2004, $274,000,000, including--\n ``(A) $221,000,000 to improve aviation safety;\n ``(B) $19,000,000 to improve the efficiency of the \n air traffic control system;\n ``(C) $17,000,000 to reduce the environmental \n impact of aviation; and\n ``(D) $17,000,000 to improve the efficiency of \n mission support; and\n ``(11) for fiscal year 2005, $287,000,000, including--\n ``(A) $231,000,000 to improve aviation safety;\n ``(B) $20,000,000 to improve the efficiency of the \n air traffic control system;\n ``(C) $18,000,000 to reduce the environmental \n impact of aviation; and\n ``(D) $18,000,000 to improve the efficiency of \n mission support.''.\n\nSEC. 3. COORDINATION OF NATIONAL AVIATION SAFETY AND SECURITY RESEARCH \n PROGRAMS.\n\n (a) Development of Plan.--Not later than June 30, 2003, the \nNational Aeronautics and Space Administration Administrator, the \nFederal Aviation Administration Administrator, and the Under Secretary \nof Transportation for Security shall prepare and transmit an updated \nintegrated civil aviation research and development plan to the Senate \nCommittee on Commerce, Science, and Transportation, the House of \nRepresentatives Committee on Transportation and Infrastructure, and the \nHouse of Representatives Committee on Science.\n (b) Contents.--The updated integrated civil aviation research and \ndevelopment plan shall include--\n (1) identification of the respective aviation research and \n development requirements, roles, and responsibilities of the \n National Aeronautics and Space Administration, the Federal \n Aviation Administration, and the Transportation Security \n Administration; and\n (2) review of steps they could take to facilitate the \n transfer and adoption of new technologies in an operational \n environment, including consideration of increasing the exchange \n of research staff, providing greater details on funding at the \n project level in joint plans, and providing for greater use of \n technology readiness in program plans and budgets to help frame \n the maturity of new technologies and determine when they can be \n implemented.\n\nSEC. 4. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.\n\n The Federal Aviation Administration Administrator shall continue \nthe program to consider awards to nonprofit concrete and asphalt \npavement research foundations to improve the design, construction, \nrehabilitation, and repair of concrete and asphalt airfield pavements \nto aid in the development of safer, more cost-effective, and more \ndurable airfield pavements. The Administrator may use grants or \ncooperative agreements in carrying out this section. Nothing in this \nsection requires the Administrator to prioritize an airfield pavement \nresearch program above safety, security, Flight 21, environment, or \nenergy research programs.\n\nSEC. 5. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS.\n\n (a) In General.--The Federal Aviation Administration Administrator \nshall review and determine whether the Federal Aviation \nAdministration's standards used to determine the appropriate thickness \nfor asphalt and concrete airfield pavements are in accordance with the \nFederal Aviation Administration's standard 20-year-life requirement \nusing the most up-to-date available information on the life of airfield \npavements. If the Administrator determines that such standards are not \nin accordance with that requirement, the Administrator shall make \nappropriate adjustments to the Federal Aviation Administration's \nstandards for airfield pavements.\n (b) Report.--Within 1 year after the date of enactment of this Act, \nthe Administrator shall report the results of the review conducted \nunder subsection (a) and the adjustments, if any, made on the basis of \nthat review to the Senate Committee on Commerce, Science, and \nTransportation, the House of Representatives Committee on \nTransportation and Infrastructure, and the House of Representatives \nCommittee on Science.\n\nSEC. 6. AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT INITIATIVE.\n\n (a) Objective.--The Federal Aviation Administration Administrator, \nin coordination with the National Aeronautics and Space Administration \nAdministrator, shall participate in a national initiative with the \nobjective of defining and developing an air traffic management system \ndesigned to meet national long-term aviation security, safety, and \ncapacity needs. The initiative should result in a multiagency blueprint \nfor acquisition and implementation of an air traffic management system \nthat would--\n (1) build upon current air traffic management and \n infrastructure initiatives;\n (2) improve the security, safety, quality, and \n affordability of aviation services;\n (3) utilize a system of systems approach;\n (4) develop a highly integrated, secure common information \n network to enable common situational awareness for all \n appropriate system users; and\n (5) ensure seamless global operations for system users.\n (b) Implementation.--In implementing subsection (a), the Federal \nAviation Administration Administrator, in coordination with the \nNational Aeronautics and Space Administration Administrator, shall work \nwith other appropriate Government agencies and industry to--\n (1) develop system performance requirements;\n (2) determine an optimal operational concept and system \n architecture to meet such requirements;\n (3) utilize new modeling, simulation, and analysis tools to \n quantify and validate system performance and benefits;\n (4) ensure the readiness of enabling technologies; and\n (5) develop a transition plan for successful implementation \n into the National Airspace System.\n\nSEC. 7. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM.\n\n (a) Assessment.--The Federal Aviation Administration Administrator \nshall enter into an arrangement with the National Research Council for \nan assessment of the Federal Aviation Administration's proposed wake \nturbulence research and development program. The assessment shall \naddress--\n (1) research and development goals and objectives;\n (2) research and development objectives that should be part \n of Federal Aviation Administration's proposed program;\n (3) proposed research and development program's ability to \n achieve the goals and objectives of the Federal Aviation \n Administration, and of the National Research Council, the \n schedule, and the level of resources needed; and\n (4) the roles other Federal agencies, such as National \n Aeronautics and Space Administration and the National Oceanic \n and Atmospheric Administration, should play in wake turbulence \n research and development, and coordination of these efforts.\n (b) Report.--A report containing the results of the assessment \nshall be provided to the Senate Committee on Commerce, Science, and \nTransportation, the House of Representatives Committee on \nTransportation and Infrastructure, and the House of Representatives \nCommittee on Science not later than 1 year after the date of enactment \nof this Act.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Federal Aviation Administration Administrator for \nfiscal year 2003, $500,000 to carry out this section.\n\nSEC. 8. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS.\n\n The Federal Aviation Administration may conduct research to promote \nthe development of analytical tools to improve existing certification \nmethods and to reduce the overall costs to manufacturers for the \ncertification of new products.\n\nSEC. 9. CABIN AIR QUALITY RESEARCH PROGRAM.\n\n In accordance with the recommendation of the National Academy of \nSciences in its report entitled ``The Airliner Cabin Environment and \nthe Health of Passengers and Crew'', the Federal Aviation \nAdministration may establish a research program to answer questions \nabout cabin air quality of aircraft.\n\nSEC. 10. RESEARCH TO IMPROVE CAPACITY AND REDUCE DELAYS.\n\n The Administrator may include, as part of the Federal Aviation \nAdministration research program, a systematic review and assessment of \nthe specific causes of airport delay at the 31 airports identified in \nthe Airport Benchmarking Study, on an airport-by-airport basis.\n\n Passed the Senate November 18, 2002.\n\n Attest:\n\n JERI THOMSON,\n\n Secretary.","summary":"Federal Aviation Administration Research, Engineering, and Development Act of 2002 - Amends Federal aviation law to authorize appropriations out of the Airport and Airway Trust Fund for FY 2003 through 2005 for the Federal Aviation Administration (FAA) for specified aviation research and development (RD) projects. Requires the Administrators of the National Aeronautics and Space Administration (NASA) and the Federal Aviation Administration (FAA), and the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA), to submit to specified congressional committees an updated integrated civil aviation RD plan that coordinates national aviation safety and security research programs of NASA, the FAA, and the TSA. Directs the Administrator of the FAA to continue the program to consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements. Directs the Administrator of the FAA to review and determine, and report the results to specified congressional committees on, whether FAA standards for airfield pavements are in accordance with its standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. Directs the Administrator of the FAA, in coordination with the Administrator of NASA, to participate in a national air traffic management RD initiative designed to meet national long-term aviation security, safety, and capacity needs. Directs the Administrator of the FAA to enter into an arrangement with the National Research Council to assess, and report the results to specified congressional committees on, the FAA's proposed wake turbulence RD program. Authorizes appropriations for FY 2003. Authorizes the FAA to conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products. Authorizes the FAA to establish a research program to answer questions about cabin air quality of aircraft. Authorizes the Administrator of the FAA to include, as part of the FAA's research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis.","title":"A bill to authorize appropriations for the Federal Aviation Administration, and for other purposes.","text_len":9983,"sum_len":2483} {"bill_id":"114_hr1420","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Traumatic Brain Injury \nResearch and Treatment Improvement Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n (a) Findings.--The Congress finds as follows:\n (1) State data and monitoring systems provide reliable data \n on injury causes and risk factors, identify trends in the \n incidence of traumatic brain injury, enable the development of \n cause-specific prevention strategies focused on populations at \n greatest risk, and monitor the effectiveness of such \n strategies.\n (2) Since 1995, when the Centers for Disease Control and \n Prevention published Guidelines for Surveillance of Central \n Nervous System Injury, additional causes of traumatic brain \n injury have emerged: military-related traumatic brain injuries; \n sports-related concussions; traffic injuries resulting from \n texting while driving; and increasing numbers of falls-related \n traumatic brain injuries among older adults.\n (3) In their 2013 report, Sports-Related Concussions in \n Youth: Improving the Science, Changing the Culture, the \n Institute on Medicine and the National Research Council noted \n that there is currently a lack of data to accurately estimate \n the incidence of sports-related concussions across a variety of \n sports and for youth across the pediatric age spectrum. The \n report recommended that the Centers for Disease Control and \n Prevention establish and oversee a national surveillance system \n to accurately determine the incidence of sports-related \n concussions, including those in youth ages 5 to 21, taking into \n account Federal efforts to collect information on traumatic \n brain injury.\n (4) Traumatic brain injury is a substantial public health \n problem among older persons. As the population of older persons \n continues to grow in the United States, the need to design and \n implement proven and cost-effective prevention measures that \n focus on the leading causes of traumatic brain injury becomes \n more urgent.\n (5) In order to implement this Act, the Centers for Disease \n Control and Prevention needs to collaborate with Federal \n agencies reporting military-related traumatic brain injuries, \n school systems reporting traumatic brain injuries, Medicaid and \n other Federal programs, and State agencies.\n\nSEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT \n OF TRAUMATIC BRAIN INJURY.\n\n (a) In General.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention, shall--\n (1) evaluate existing surveillance and data collections \n systems that track the incidence and circumstances of traumatic \n brain injury, including concussion;\n (2) not later than 9 months after the date of enactment of \n this Act, submit a report to the Congress outlining the \n findings of the evaluation under paragraph (1); and\n (3) establish a statistically sound, scientifically \n credible, integrated surveillance system regarding traumatic \n brain injury, to be known as the ``National Traumatic Brain \n Injury Surveillance System''.\n (b) Research.--The Secretary shall ensure that the National \nTraumatic Brain Injury Surveillance System is designed in a manner that \nfacilitates further research on brain injury.\n (c) Content.--In carrying out subsection (a), the Secretary--\n (1) shall provide for the collection and storage of \n information (excluding personally identifiable information) on \n the incidence and prevalence of traumatic brain injury, \n including concussion, in the United States across the lifespan;\n (2) to the extent practicable, shall provide for the \n collection and storage of other available information \n (excluding personally identifiable information) on traumatic \n brain injury, such as information concerning demographics and \n other information associated with the incidence of a traumatic \n brain injury, such as--\n (A) age;\n (B) race and ethnicity;\n (C) sex;\n (D) geographic location;\n (E) history of head injury (including injury type \n and the approximate date of injury);\n (F) pre-existing conditions, such as learning \n disabilities and attention deficit hyperactivity \n disorder; and\n (G) co-occurring issues, such as substance abuse or \n post-traumatic stress disorder;\n (3) to the extent practicable, shall provide for the \n collection and storage of information relevant to analysis on \n traumatic brain injury, such as information concerning--\n (A) impact location on the body and nature of the \n impact;\n (B) qualifications of personnel making the \n traumatic brain injury diagnosis;\n (C) assessment tool used to make the diagnosis;\n (D) signs and symptoms consistent with a head \n injury;\n (E) sport or activity and the level of competition \n (if a sports-related activity);\n (F) use of protective equipment and impact \n monitoring devices; and\n (G) severity of the traumatic brain injury; and\n (4) may address issues identified during the consultation \n process under subsection (d).\n (d) Consultation.--In carrying out this section, the Secretary \nshall consult with individuals with appropriate expertise, including--\n (1) epidemiologists with experience in disease surveillance \n or registries;\n (2) representatives of national health associations that--\n (A) focus on brain injury; and\n (B) have demonstrated experience in research, care, \n or patient services;\n (3) State public health agencies;\n (4) health information technology experts or other \n information management specialists;\n (5) clinicians with expertise in brain injury;\n (6) research scientists with experience conducting brain \n research or utilizing surveillance systems for scientific \n research purposes;\n (7) medical facilities of the Department of Veterans \n Affairs; and\n (8) behavioral health centers.\n (e) Grants.--The Secretary may award grants to, or enter into \ncontracts or cooperative agreements with, public or private nonprofit \nentities to carry out activities under this section.\n (f) Coordination With Other Federal Agencies.--Subject to \nsubsection (h), the Secretary shall make information and analysis in \nthe National Traumatic Brain Injury Surveillance System available, as \nappropriate, to Federal departments and agencies, such as the National \nInstitutes of Health, the Health Resources and Services Administration, \nthe Food and Drug Administration, the Centers for Medicare & Medicaid \nServices, the Agency for Healthcare Research and Quality, the \nDepartment of Education, the Department of Veterans Affairs, and the \nDepartment of Defense.\n (g) Public Access.--Subject to subsection (h), the Secretary shall \nmake information and analysis in the National Traumatic Brain Injury \nSurveillance System available, as appropriate, to the public, including \nresearchers.\n (h) Privacy.--The Secretary shall ensure that privacy and security \nprotections applicable to the National Traumatic Brain Injury \nSurveillance System are at least as stringent as the privacy and \nsecurity protections under HIPAA privacy and security law, including \nnondisclosure of personally identifiable information.\n (i) Report.--Not later than 2 years after the date of enactment of \nthis Act, the Secretary shall submit a report to the Congress \nconcerning the implementation of this section. Such report shall \ninclude information on--\n (1) the development and maintenance of the National \n Traumatic Brain Injury Surveillance System;\n (2) the type of information collected and stored in the \n System;\n (3) the use and availability of such information, including \n guidelines for such use; and\n (4) the use and coordination of databases that collect or \n maintain information on traumatic brain injury.\n (j) Definition.--In this Act:\n (1) National health association.--The term ``national \n health association'' means a national nonprofit organization \n with chapters, other affiliated organizations, or networks in \n States throughout the United States.\n (2) HIPAA privacy and security law.--The term ``HIPAA \n privacy and security law'' has the meaning given to that term \n in section 3009 of the Public Health Service Act (42 U.S.C. \n 300jj-19).\n (3) Personally identifiable information.--The term \n ``personally identifiable information'' means information which \n can be used to distinguish or trace an individual's identity \n (such as their name, social security number, or biometric \n records) either alone or when combined with other personal or \n identifying information which is linked or linkable to a \n specific individual (such as date of birth, place of birth, and \n mother's maiden name).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (5) Surveillance.--The term ``surveillance'' means the \n ongoing, systematic collection, analysis, interpretation, and \n dissemination of data (other than personally identifiable \n information) regarding a health-related event for use in public \n health action to reduce morbidity and mortality and to improve \n health.\n (6) Traumatic brain injury.--The term ``traumatic brain \n injury'' means an injury to the head arising from blunt or \n penetrating trauma or from acceleration or deceleration forces \n associated with one or more of the following: decreased level \n of consciousness, amnesia, objective neurologic or \n neuropsychological abnormalities, skull fractures, diagnosed \n intracranial lesions, or head injury listed as a cause of death \n in the death certificate.\n (k) Authorization of Appropriations.--To carry out this Act, there \nare authorized to be appropriated such sums as may be necessary.","summary":"National Traumatic Brain Injury Research and Treatment Improvement Act of 2015 Requires the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collection systems that track the incidence and circumstances of traumatic brain injury, including concussion. (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System. And (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Requires the CDC to make information and analysis in the System available to the public and ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act.","title":"National Traumatic Brain Injury Research and Treatment Improvement Act of 2015","text_len":10962,"sum_len":795} {"bill_id":"114_hr4201","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restoring the Partnership for County \nHealth Care Costs Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States Supreme Court has interpreted the 8th \n Amendment to require governmental entities to provide medical \n care to persons involuntarily confined in jails, detention \n centers, and prisons.\n (2) The Federal Government does not provide health benefits \n under Medicare, Medicaid, Supplemental Security Income (SSI), \n or the Children's Health Insurance Program (CHIP) to inmates \n even if the person is awaiting trial in jail and has not been \n convicted. However, beneficiaries who are released after \n posting bond, or who are released under their own recognizance, \n or who are released under house arrest may continue to receive \n Medicare, Medicaid, SSI, and CHIP benefits.\n (3) The cost of providing health care in prisons and jails \n has increased exponentially due in part to high incarceration \n rates, infectious diseases, chronic conditions, substance abuse \n treatment, mental illness, aging prison populations, rising \n prescription drug costs, and mandatory sentencing laws.\n (4) Providing health care for inmates constitutes a major \n portion of local jail operating costs. Requiring county \n governments to cover health care costs for inmates who have not \n been convicted places an unnecessary burden on local \n governments who have been negatively impacted by recession, \n widespread budget deficits, and cuts to safety net programs and \n services.\n (5) Jails generally have a higher instance of mentally ill \n inmates because jails frequently serve as holding places for \n low-income persons who are waiting placement in a mental \n facility and for mentally ill persons who commit nuisance \n crimes because of inadequate access to treatment in their \n communities.\n (6) The rising cost of bail has also contributed to an \n overall increase in the jail population and health care costs \n for inmates. The high cost of bail has contributed to the \n disproportionate rate of incarceration among African-Americans \n and Latinos.\n (7) Terminating benefits to people in county jails who are \n awaiting trial violates the presumption of innocence, because \n it does not distinguish between persons awaiting disposition of \n charges and those who have been duly convicted and sentenced.\n (8) Otherwise eligible individuals who have been charged \n with a crime and incarcerated, but not convicted, should \n continue to be eligible for Federal health benefits, such as \n Medicare, Medicaid, SSI, or CHIP, until such time as they may \n be convicted and sentenced to an institution. SSI payments \n should be held until the inmate has been acquitted and \n released, or until the inmate has completed his or her sentence \n and been released.\n\nSEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, \n MEDICARE, SSI, AND CHIP.\n\n (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social \nSecurity Act (42 U.S.C. 1396d(a)) that follows paragraph (29) is \namended by inserting ``or in custody pending disposition of charges'' \nafter ``patient in a medical institution''.\n (b) Medicare.--Section 1862(a)(3) of the Social Security Act (42 \nU.S.C. 1395y(a)(3)) is amended by inserting ``in the case of services \nfurnished to individuals who are in custody pending disposition of \ncharges,'' after ``1880(e)''.\n (c) SSI.--Section 1611(e)(1) of the Social Security Act (42 U.S.C. \n1382(e)(1)) is amended by adding at the end the following new \nsubparagraph:\n ``(K)(i) As used in subparagraph (A), the term `inmate of a public \ninstitution' does not include an individual who is in custody pending \ndisposition of charges.\n ``(ii) In the case of an individual who is an eligible individual \nor eligible spouse for purposes of this title only because of the \napplication of the definition in clause (i), any supplemental security \nincome benefits otherwise payable shall be withheld until such time as \nthe individual is no longer either in custody pending disposition of \ncharges or an inmate of a public institution or shall be paid to the \nindividual's estate if the individual dies before the pending charges \nare disposed of or while the individual is an inmate of a public \ninstitution.''.\n (d) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 \nU.S.C. 1397jj(b)(2)(A)) is amended by inserting ``(except as an \nindividual in custody pending disposition of charges)'' after ``inmate \nof a public institution''.\n (e) Effective Date.--The amendments made by this section shall take \neffect on the first day of the first calendar quarter beginning more \nthan 60 days after the date of the enactment of this Act and shall \napply to items and services furnished, and supplemental security income \nbenefits paid, for periods beginning on or after such date.","summary":"Restoring the Partnership for County Health Care Costs Act of 2015 This bill amends titles XVI , XVIII (Medicare), XIX (Medicaid), and XXI (CHIP) to allow an otherwise eligible individual whonbsp. Is in custody pending charges to receive SSI, Medicare, Medicaid, or CHIP benefits. Any SSI benefits payable to such an individual: (1)nbsp. Must be withheld until the individual is no longer in custody, nbsp. And (2) if the individual dies while in custody, shall be paid to the individual's estate. nbsp, ","title":"Restoring the Partnership for County Health Care Costs Act of 2015","text_len":5288,"sum_len":504} {"bill_id":"113_s247","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Harriet Tubman National Historical \nParks Act''.\n\nSEC. 2. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK, \n MARYLAND.\n\n (a) Definitions.--In this section:\n (1) Historical park.--The term ``historical park'' means \n the Harriet Tubman Underground Railroad National Historical \n Park established by subsection (b)(1)(A).\n (2) Map.--The term ``map'' means the map entitled \n ``Authorized Acquisition Area for the Proposed Harriet Tubman \n Underground Railroad National Historical Park'', numbered T20\/\n 80,001, and dated July 2010.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) State.--The term ``State'' means the State of Maryland.\n (b) Harriet Tubman Underground Railroad National Historical Park.--\n (1) Establishment.--\n (A) In general.--Subject to subparagraph (B), there \n is established the Harriet Tubman Underground Railroad \n National Historical Park in Caroline, Dorchester, and \n Talbot Counties, Maryland, as a unit of the National \n Park System.\n (B) Determination by secretary.--The historical \n park shall not be established until the date on which \n the Secretary determines that a sufficient quantity of \n land, or interests in land, has been acquired to \n constitute a manageable park unit.\n (C) Notice.--Not later than 30 days after the date \n on which the Secretary makes a determination under \n subparagraph (B), the Secretary shall publish in the \n Federal Register notice of the establishment of the \n historical park, including an official boundary map for \n the historical park.\n (D) Availability of map.--The official boundary map \n published under subparagraph (C) shall be on file and \n available for public inspection in appropriate offices \n of the National Park Service.\n (2) Purpose.--The purpose of the historical park is to \n preserve and interpret for the benefit of present and future \n generations the historical, cultural, and natural resources \n associated with the life of Harriet Tubman and the Underground \n Railroad.\n (3) Land acquisition.--\n (A) In general.--The Secretary may acquire land and \n interests in land within the areas depicted on the map \n as ``Authorized Acquisition Areas'' by purchase from \n willing sellers, donation, or exchange.\n (B) Boundary adjustment.--On acquisition of land or \n an interest in land under subparagraph (A), the \n boundary of the historical park shall be adjusted to \n reflect the acquisition.\n (c) Administration.--\n (1) In general.--The Secretary shall administer the \n historical park in accordance with this section and the laws \n generally applicable to units of the National Park System, \n including--\n (A) the National Park System Organic Act (16 U.S.C. \n 1 et seq.); and\n (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n seq.).\n (2) Interagency agreement.--Not later than 1 year after the \n date on which the historical park is established, the Director \n of the National Park Service and the Director of the United \n States Fish and Wildlife Service shall enter into an agreement \n to allow the National Park Service to provide for public \n interpretation of historic resources located within the \n boundary of the Blackwater National Wildlife Refuge that are \n associated with the life of Harriet Tubman, consistent with the \n management requirements of the Refuge.\n (3) Interpretive tours.--The Secretary may provide \n interpretive tours to sites and resources located outside the \n boundary of the historical park in Caroline, Dorchester, and \n Talbot Counties, Maryland, relating to the life of Harriet \n Tubman and the Underground Railroad.\n (4) Cooperative agreements.--\n (A) In general.--The Secretary may enter into a \n cooperative agreement with the State, political \n subdivisions of the State, colleges and universities, \n non-profit organizations, and individuals--\n (i) to mark, interpret, and restore \n nationally significant historic or cultural \n resources relating to the life of Harriet \n Tubman or the Underground Railroad within the \n boundaries of the historical park, if the \n agreement provides for reasonable public \n access; or\n (ii) to conduct research relating to the \n life of Harriet Tubman and the Underground \n Railroad.\n (B) Visitor center.--The Secretary may enter into a \n cooperative agreement with the State to design, \n construct, operate, and maintain a joint visitor center \n on land owned by the State--\n (i) to provide for National Park Service \n visitor and interpretive facilities for the \n historical park; and\n (ii) to provide to the Secretary, at no \n additional cost, sufficient office space to \n administer the historical park.\n (C) Cost-sharing requirement.--\n (i) Federal share.--The Federal share of \n the total cost of any activity carried out \n under this paragraph shall not exceed 50 \n percent.\n (ii) Form of non-federal share.--The non-\n Federal share of the cost of carrying out an \n activity under this paragraph may be in the \n form of in-kind contributions or goods or \n services fairly valued.\n (d) General Management Plan.--\n (1) In general.--Not later than 3 years after the date on \n which funds are made available to carry out this section, the \n Secretary shall prepare a general management plan for the \n historical park in accordance with section 12(b) of the \n National Park Service General Authorities Act (16 U.S.C. 1a-\n 7(b)).\n (2) Consultation.--The general management plan shall be \n prepared in consultation with the State (including political \n subdivisions of the State).\n (3) Coordination.--The Secretary shall coordinate the \n preparation and implementation of the management plan with--\n (A) the Blackwater National Wildlife Refuge;\n (B) the Harriet Tubman National Historical Park \n established by section 3(b)(1)(A); and\n (C) the National Underground Railroad Network to \n Freedom.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.\n\nSEC. 3. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, NEW YORK.\n\n (a) Definitions.--In this section:\n (1) Historical park.--The term ``historical park'' means \n the Harriet Tubman National Historical Park established by \n subsection (b)(1)(A).\n (2) Home.--The term ``Home'' means The Harriet Tubman Home, \n Inc., located in Auburn, New York.\n (3) Map.--The term ``map'' means the map entitled ``Harriet \n Tubman National Historical Park'', numbered T18\/80,000, and \n dated March 2009.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means the State of New York.\n (b) Harriet Tubman National Historical Park.--\n (1) Establishment.--\n (A) In general.--Subject to subparagraph (B), there \n is established the Harriet Tubman National Historical \n Park in Auburn, New York, as a unit of the National \n Park System.\n (B) Determination by secretary.--The historical \n park shall not be established until the date on which \n the Secretary determines that a sufficient quantity of \n land, or interests in land, has been acquired to \n constitute a manageable park unit.\n (C) Notice.--Not later than 30 days after the date \n on which the Secretary makes a determination under \n subparagraph (B), the Secretary shall publish in the \n Federal Register notice of the establishment of the \n historical park.\n (D) Map.--The map shall be on file and available \n for public inspection in appropriate offices of the \n National Park Service.\n (2) Boundary.--The historical park shall include the \n Harriet Tubman Home, the Tubman Home for the Aged, the Thompson \n Memorial AME Zion Church and Rectory, and associated land, as \n identified in the area entitled ``National Historical Park \n Proposed Boundary'' on the map.\n (3) Purpose.--The purpose of the historical park is to \n preserve and interpret for the benefit of present and future \n generations the historical, cultural, and natural resources \n associated with the life of Harriet Tubman.\n (4) Land acquisition.--The Secretary may acquire land and \n interests in land within the areas depicted on the map by \n purchase from a willing seller, donation, or exchange.\n (c) Administration.--\n (1) In general.--The Secretary shall administer the \n historical park in accordance with this section and the laws \n generally applicable to units of the National Park System, \n including--\n (A) the National Park System Organic Act (16 U.S.C. \n 1 et seq.); and\n (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n seq.).\n (2) Interpretive tours.--The Secretary may provide \n interpretive tours to sites and resources located outside the \n boundary of the historical park in Auburn, New York, relating \n to the life of Harriet Tubman.\n (3) Cooperative agreements.--\n (A) In general.--The Secretary may enter into a \n cooperative agreement with the owner of any land within \n the historical park to mark, interpret, or restore \n nationally significant historic or cultural resources \n relating to the life of Harriet Tubman, if the \n agreement provides that--\n (i) the Secretary shall have the right of \n access to any public portions of the land \n covered by the agreement to allow for--\n (I) access at reasonable times by \n historical park visitors to the land; \n and\n (II) interpretation of the land for \n the public; and\n (ii) no changes or alterations shall be \n made to the land except by mutual agreement of \n the Secretary and the owner of the land.\n (B) Research.--The Secretary may enter into a \n cooperative agreement with the State, political \n subdivisions of the State, institutions of higher \n education, the Home and other nonprofit organizations, \n and individuals to conduct research relating to the \n life of Harriet Tubman.\n (C) Cost-sharing requirement.--\n (i) Federal share.--The Federal share of \n the total cost of any activity carried out \n under this paragraph shall not exceed 50 \n percent.\n (ii) Form of non-federal share.--The non-\n Federal share may be in the form of in-kind \n contributions or goods or services fairly \n valued.\n (D) Attorney general.--\n (i) In general.--The Secretary shall submit \n to the Attorney General for review any \n cooperative agreement under this paragraph \n involving religious property or property owned \n by a religious institution.\n (ii) Finding.--No cooperative agreement \n subject to review under this subparagraph shall \n take effect until the date on which the \n Attorney General issues a finding that the \n proposed agreement does not violate the \n Establishment Clause of the first amendment to \n the Constitution.\n (d) General Management Plan.--\n (1) In general.--Not later than 3 years after the date on \n which funds are made available to carry out this section, the \n Secretary shall prepare a general management plan for the \n historical park in accordance with section 12(b) of the \n National Park Service General Authorities Act (16 U.S.C. 1a-\n 7(b)).\n (2) Coordination.--The Secretary shall coordinate the \n preparation and implementation of the management plan with--\n (A) the Harriet Tubman Underground Railroad \n National Historical Park established by section \n 2(b)(1); and\n (B) the National Underground Railroad Network to \n Freedom.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this Act, except \nthat not more than $7,500,000 shall be available to provide financial \nassistance under subsection (c)(3).\n\nSEC. 4. OFFSET.\n\n Section 101(b)(12) of the Water Resources Development Act of 1996 \n(Public Law 104-303; 110 Stat. 3667) is amended by striking \n``$53,852,000'' and inserting ``$29,852,000''.\n\n Passed the Senate July 9, 2014.\n\n Attest:\n\n NANCY ERICKSON,\n\n Secretary.","summary":"This measure has not been amended since it was reported to the Senate on April 22, 2013. Harriet Tubman National Historical Parks Act - Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Establishes in Auburn, New York, the Harriet Tubman National Historical Park also as a unit of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative agreements with certain entities for the historical preservation and interpretation of the parks. Requires the Secretary to complete a general management plan for the parks. Amends the Water Resources Development Act of 1996 to decrease the federal share of project costs for navigation and safety improvements to the Chesapeake and Delaware Canal and Baltimore Harbor Connecting Channels in Delaware and Maryland.","title":"Harriet Tubman National Historical Parks Act","text_len":15406,"sum_len":910} {"bill_id":"111_hr4343","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Minority Business Development \nImprovements Act of 2009''.\n\nSEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.\n\n The Director of the Minority Business Development Agency shall \nestablish the Minority Business Development Program (hereinafter in \nthis Act referred to as the ``Program'') to assist qualified minority \nbusinesses. The Program shall provide to such businesses the following:\n (1) Technical assistance.\n (2) Loan guarantees.\n (3) Contract procurement assistance.\n\nSEC. 3. QUALIFIED MINORITY BUSINESS.\n\n (a) Certification.--For purposes of the Program, the Director may \ncertify as a qualified minority business any entity that satisfies each \nof the following:\n (1) Not less than 51 percent of the entity is directly and \n unconditionally owned or controlled by historically \n disadvantaged individuals.\n (2) Each officer or other individual who exercises control \n over the regular operations of the entity is a historically \n disadvantaged individual.\n (3) The net worth of each principal of the entity is not \n greater than $2,000,000. (The equity of a disadvantaged owner \n in a primary personal residence shall be considered in this \n calculation.)\n (4) The principal place of business of the entity is in the \n United States.\n (5) Each principal of the entity maintains good character \n in the determination of the Director.\n (6) The entity engages in competitive and bona fide \n commercial business operations in not less than one sector of \n industry that has a North American Industry Classification \n System code.\n (7) The entity submits reports to the Director at such \n time, in such form, and containing such information as the \n Director may require.\n (8) Any additional requirements that the Director \n determines appropriate.\n (b) Term of Certification.--A certification under this section \nshall be for a term of 5 years and may not be renewed.\n\nSEC. 4. TECHNICAL ASSISTANCE.\n\n (a) In General.--In carrying out the Program, the Director may \nprovide to qualified minority businesses technical assistance with \nregard to the following:\n (1) Writing business plans.\n (2) Marketing.\n (3) Management.\n (4) Securing sufficient financing for business operations.\n (b) Contract Authority.--The Director may enter into agreements \nwith persons to provide technical assistance under this section.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated $200,000,000 to the Director to carry out this section. \nSuch sums shall remain available until expended.\n\nSEC. 5. LOAN GUARANTEES.\n\n (a) In General.--Subject to subsection (b), the Director may \nguarantee up to 90 percent of the amount of a loan made to a qualified \nminority business to be used for business purposes, including the \nfollowing:\n (1) Purchasing essential equipment.\n (2) Payroll expenses.\n (3) Purchasing facilities.\n (4) Renovating facilities.\n (b) Terms and Conditions.--\n (1) In general.--The Director may make guarantees under \n this section for projects on such terms and conditions as the \n Director determines appropriate, after consultation with the \n Secretary of the Treasury, in accordance with this section.\n (2) Repayment.--No guarantee shall be made under this \n section unless the Director determines that there is reasonable \n prospect of repayment of the principal and interest on the \n obligation by the borrower.\n (3) Defaults.--\n (A) Payment by director.--\n (i) In general.--If a borrower defaults on \n the obligation (as defined in regulations \n promulgated by the Director and specified in \n the guarantee contract), the holder of the \n guarantee shall have the right to demand \n payment of the unpaid amount from the Director.\n (ii) Payment required.--Within such period \n as may be specified in the guarantee or related \n agreements, the Director shall pay to the \n holder of the guarantee the unpaid interest on, \n and unpaid principal of the obligation as to \n which the borrower has defaulted, unless the \n Director finds that there was no default by the \n borrower in the payment of interest or \n principal or that the default has been \n remedied.\n (iii) Forbearance.--Nothing in this \n paragraph precludes any forbearance by the \n holder of the obligation for the benefit of the \n borrower which may be agreed upon by the \n parties to the obligation and approved by the \n Director.\n (B) Subrogation.--\n (i) In general.--If the Director makes a \n payment under subparagraph (A), the Director \n shall be subrogated to the rights of the \n recipient of the payment as specified in the \n guarantee or related agreements including, \n where appropriate, the authority \n (notwithstanding any other provision of law) \n to--\n (I) complete, maintain, operate, \n lease, or otherwise dispose of any \n property acquired pursuant to such \n guarantee or related agreements; or\n (II) permit the borrower, pursuant \n to an agreement with the Director, to \n continue to pursue the purposes of the \n project if the Director determines this \n to be in the public interest.\n (ii) Superiority of rights.--The rights of \n the Director, with respect to any property \n acquired pursuant to a guarantee or related \n agreements, shall be superior to the rights of \n any other person with respect to the property.\n (iii) Terms and conditions.--A guarantee \n agreement shall include such detailed terms and \n conditions as the Director determines \n appropriate to--\n (I) protect the interests of the \n United States in the case of default; \n and\n (II) have available all the patents \n and technology necessary for any person \n selected, including the Director, to \n complete and operate the project.\n (C) Payment of principal and interest by \n director.--With respect to any obligation guaranteed \n under this section, the Director may enter into a \n contract to pay, and pay, holders of the obligation, \n for and on behalf of the borrower, from funds \n appropriated for that purpose, the principal and \n interest payments which become due and payable on the \n unpaid balance of the obligation if the Director finds \n that--\n (i)(I) the borrower is unable to meet the \n payments and is not in default;\n (II) it is in the public interest \n to permit the borrower to continue to \n pursue the purposes of the project; and\n (III) the probable net benefit to \n the Federal Government in paying the \n principal and interest will be greater \n than that which would result in the \n event of a default;\n (ii) the amount of the payment that the \n Director is authorized to pay shall be no \n greater than the amount of principal and \n interest that the borrower is obligated to pay \n under the agreement being guaranteed; and\n (iii) the borrower agrees to reimburse the \n Director for the payment (including interest) \n on terms and conditions that are satisfactory \n to the Director.\n (D) Action by attorney general.--\n (i) Notification.--If the borrower defaults \n on an obligation, the Director shall notify the \n Attorney General of the default.\n (ii) Recovery.--On notification, the \n Attorney General shall take such action as is \n appropriate to recover the unpaid principal and \n interest due from--\n (I) such assets of the defaulting \n borrower as are associated with the \n obligation; or\n (II) any other security pledged to \n secure the obligation.\n (4) Fees.--\n (A) In general.--The Director shall charge and \n collect fees for guarantees in amounts the Director \n determines are sufficient to cover applicable \n administrative expenses, not to exceed 1 percent of the \n amount guaranteed.\n (B) Availability.--Fees collected under this \n paragraph shall--\n (i) be deposited by the Director into the \n Treasury; and\n (ii) remain available until expended, \n subject to such other conditions as are \n contained in annual appropriations Acts.\n (c) Credit Requirements.--To receive a loan guaranteed under this \nsection a qualified minority business shall--\n (1) be in good standing with regard to the credit of that \n business in the determination of the Director;\n (2) have received technical assistance under section 4; and\n (3) submit reports, at such time, in such form, and \n containing such information as the Director may require \n regarding the credit of the business.\n (d) Limits on Guarantee Amounts.--\n (1) Maximum amount of guarantee.--The Director may \n guarantee not more than $450,000 of any loan under this \n section.\n (2) Maximum gross loan amount.--A loan guaranteed under \n this section may not be for a gross loan amount in excess of \n $500,000.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Director not more than $500,000,000 to carry out \nthis section during fiscal years 2011 through 2016.\n\nSEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES.\n\n (a) In General.--The Director may enter into agreements with the \nUnited States Government and any department, agency, or officer thereof \nhaving procurement powers for purposes of providing for the fulfillment \nof procurement contracts and providing opportunities for qualified \nminority businesses with regard to such contracts.\n (b) Qualifications on Participation.--The Director shall by rule \nestablish requirements for participation under this section by a \nqualified minority business in a contract.\n (c) Annual Limit on Number of Contracts Per Qualified Minority \nBusiness.--A qualified minority business may not participate under this \nsection in contracts in an amount that exceeds $10,000,000 for goods \nand services each fiscal year.\n (d) Limits on Contract Amounts.--\n (1) Goods and services.--Except as provided in paragraph \n (2), a contract for goods and services under this section may \n not exceed $6,000,000.\n (2) Manufacturing and construction.--A contract for \n manufacturing and construction services under this section may \n not exceed $10,000,000.\n\nSEC. 7. TERMINATION FROM THE PROGRAM.\n\n The Director may terminate a qualified minority business from the \nProgram for any violation of a requirement of sections 3 through 6 of \nthis Act by that qualified minority business, including the following:\n (1) Conduct by a principal of the qualified minority \n business that indicates a lack of business integrity.\n (2) Willful failure to comply with applicable labor \n standards and obligations.\n (3) Consistent failure to tender adequate performance with \n regard to contracts under the Program.\n (4) Failure to obtain and maintain relevant certifications.\n (5) Failure to pay outstanding obligations owed to the \n Federal Government.\n\nSEC. 8. REPORTS.\n\n (a) Report of the Director.--Not later than October 1, 2011, and \nannually thereafter, the Director shall submit to the Committee on \nEnergy and Commerce of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate a report \ndescribing the activities of the Director during the preceding year \nwith respect to the Program.\n (b) Report of the Secretary of Commerce.--Not later than October 1, \n2011, and annually thereafter, the Secretary of Commerce shall submit \nto the Committee on Energy and Commerce of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate a report describing the activities the Secretary engaged in \nduring the preceding year to build wealth among historically \ndisadvantaged individuals.\n\nSEC. 9. DEFINITIONS.\n\n In this Act:\n (1) The term ``historically disadvantaged individual'' \n means any individual who is a member of a group that is \n designated as eligible to receive assistance under section \n 1400.1 of title 15 of the Code of Federal Regulations, as in \n effect on January 1, 2009.\n (2) The term ``principal'' means any person that the \n Director determines to exercise significant control over the \n regular operations of a business entity.","summary":"Minority Business Development Improvements Act of 2009 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51 of the entity be directly and unconditionally owned by historically disadvantaged individuals. And (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance and loan guarantees authorized under the Program. Provides loan guarantee limits. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances.","title":"To establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contracting opportunities, and for other purposes.","text_len":15288,"sum_len":1069} {"bill_id":"108_hr3083","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Country of Origin Labeling Amendment \nAct of 2003''.\n\nSEC. 2. REVISED COUNTRY OF ORIGIN LABELING REQUIREMENTS.\n\n The Agricultural Marketing Act of 1946 is amended by striking \nsubtitle D (7 U.S.C. 1638 et seq.) and inserting the following new \nsubtitle:\n\n ``Subtitle D--Country of Origin Labeling\n\n``SEC. 281. DEFINITIONS.\n\n ``In this subtitle:\n ``(1) Beef.--The term `beef' means meat produced from \n cattle (including veal).\n ``(2) Covered commodity.--\n ``(A) In general.--The term `covered commodity' \n means--\n ``(i) muscle cuts of beef, lamb, and pork;\n ``(ii) ground beef, ground lamb, and ground \n pork;\n ``(iii) farm-raised fish;\n ``(iv) wild fish;\n ``(v) a perishable agricultural commodity; \n and\n ``(vi) peanuts.\n ``(B) Exclusions.--The term `covered commodity' \n does not include an item described in subparagraph (A) \n if the item is an ingredient in a processed food item.\n ``(3) Farm-raised fish.--The term `farm-raised fish' \n includes--\n ``(A) farm-raised shellfish; and\n ``(B) fillets, steaks, nuggets, and any other flesh \n from a farm-raised fish or shellfish.\n ``(4) Food service establishment.--The term `food service \n establishment' means a restaurant, cafeteria, lunch room, food \n stand, saloon, tavern, bar, lounge, or other similar facility \n operated as an enterprise engaged in the business of selling \n food to the public. The term may include a retailer, but only \n to the extent that the retailer provides a salad bar or \n prepared-food bar containing ready-to-eat food that the \n consumer packages for purchase.\n ``(5) Lamb.--The term `lamb' means meat, other than mutton, \n produced from sheep.\n ``(6) Perishable agricultural commodity; retailer.--The \n terms `perishable agricultural commodity' and `retailer' have \n the meanings given the terms in section 1(b) of the Perishable \n Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)).\n ``(7) Pork.--The term `pork' means meat produced from hogs.\n ``(8) Secretary.--The term `Secretary' means the Secretary \n of Agriculture, acting through the Agricultural Marketing \n Service.\n ``(9) Wild fish.--\n ``(A) In general.--The term `wild fish' means \n naturally born or hatchery-raised fish harvested in the \n wild and shellfish harvested in the wild.\n ``(B) Inclusions.--The term `wild fish' includes a \n fillet, steak, nugget, and any other flesh from wild \n fish or shellfish.\n ``(C) Exclusions.--The term `wild fish' excludes \n netpen aquacultural or other farm-raised fish.\n\n``SEC. 282. NOTICE OF COUNTRY OF ORIGIN.\n\n ``(a) Notice of Country of Origin Required.--Except as provided in \nsubsection (c), a retailer of a covered commodity shall inform \nconsumers, at the final point of sale of the covered commodity to \nconsumers, of the country of origin of the covered commodity.\n ``(b) United States Country of Origin.--A retailer of a covered \ncommodity may designate the covered commodity as having a United States \ncountry of origin only if the covered commodity--\n ``(1) in the case of beef, is exclusively from an animal \n that is exclusively born, raised, and slaughtered in the United \n States (including from an animal exclusively born and raised in \n Alaska or Hawaii and transported for a period not to exceed 60 \n days through Canada to the United States and slaughtered in the \n United States);\n ``(2) in the case of lamb and pork, is exclusively from an \n animal that is exclusively born, raised, and slaughtered in the \n United States;\n ``(3) in the case of farm-raised fish, is hatched, raised, \n harvested, and processed in the United States;\n ``(4) in the case of wild fish--\n ``(A) is harvested in the United States or a \n territory of the United States, if the wild fish is \n harvested in a river, stream, or lake; or\n ``(B) is harvested by a vessel that is documented \n under chapter 121 of title 46, United States Code, or \n registered in the United States, if the wild fish is \n harvested at sea; and\n ``(5) in the case of a perishable agricultural commodity or \n peanuts, is exclusively produced in the United States.\n ``(6) Wild fish and farm-raised fish.--The notice of \n country of origin for wild fish and farm-raised fish shall \n distinguish between wild fish and farm-raised fish.\n ``(c) Exemption for Food Service Establishments.--Subsection (a) \nshall not apply to a covered commodity if the covered commodity is--\n ``(1) prepared or served in a food service establishment; \n and\n ``(2)(A) offered for sale or sold at the food service \n establishment in normal retail quantities; or\n ``(B) served to consumers at the food service \n establishment.\n ``(d) Method of Notification.--\n ``(1) In general.--The information required by subsection \n (a) may be provided to consumers by means of a label, stamp, \n mark, placard, or other clear and visible sign on the covered \n commodity or on the package, display, holding unit, or bin \n containing the commodity at the final point of sale to \n consumers.\n ``(2) Labeled commodities.--If the covered commodity is \n already individually or otherwise labeled for retail sale \n regarding country of origin, the retailer shall not be required \n to provide any additional information to comply with this \n section.\n ``(e) Use of Existing Records to Verify Compliance.--The Secretary \nshall use existing records, such as inventory and tax records, to \nverify that any person that prepares, stores, handles, or distributes a \ncovered commodity for retail sale complies with this subtitle, \nincluding the regulations promulgated under section 284(b). Such \nrecords may be maintained at the point of sale or at a centralized \ndistribution center.\n ``(f) Information on Country of Origin.--Any person engaged in the \nbusiness of supplying a covered commodity to a retailer shall provide \ninformation to the retailer indicating the country of origin of the \ncovered commodity.\n ``(g) Certification of Origin.--\n ``(1) Certification program.--The Secretary shall carry out \n a program that provides for the self-certification by producers \n of the country of origin of covered commodities. In \n establishing the program, the Secretary shall use as a model \n the procedures contained in part 589.2000 of title 21, Code of \n Federal Regulations, regarding animal proteins prohibited in \n ruminant feed.\n ``(2) Third party audits.--Except as provided in paragraph \n (3), the Secretary shall prohibit any third party audit or \n verification of producer compliance with country of origin \n labeling.\n ``(3) Verification.--To verify producer compliance with \n country of origin requirements under the certification program, \n the Secretary shall use Department of Agriculture records of \n imports and existing producer records, such as tax records, \n sale receipts, brand records, feed bills, birth records, \n receiving records, breeding stock records, health records, or \n animal inventory records.\n ``(h) Producer Protection.--A retailer or other person subject to \nthis section may not require, as a condition of the purchase of beef, \nlamb, or pork or of live cattle, hogs, or sheep from a producer or \npacker, that the producer or packer--\n ``(1) indemnify the retailer or other person from any \n liability arising from a violation of this section; or\n ``(2) produce records or other documentation to verify the \n country of origin of the beef, lamb, or pork or of the live \n cattle, hogs, or sheep.\n\n``SEC. 283. ENFORCEMENT.\n\n ``(a) In General.--Except as provided in subsections (b) and (c), \nsection 253 shall apply to a violation of this subtitle in addition to \nviolations of subtitle B.\n ``(b) Warnings.--If the Secretary determines that a retailer is in \nviolation of section 282, the Secretary shall--\n ``(1) notify the retailer of the determination of the \n Secretary; and\n ``(2) provide the retailer a 30-day period, beginning on \n the date on which the retailer receives the notice under \n paragraph (1) from the Secretary, during which the retailer may \n take necessary steps to comply with section 282.\n ``(c) Civil Penalty.--If, on completion of the 30-day period \ndescribed in subsection (b)(2), the Secretary determines that the \nretailer has willfully violated section 282, after providing notice and \nan opportunity for a hearing before the Secretary with respect to the \nviolation, the Secretary may assess a civil penalty against the \nretailer in an amount of $100 for the first day of the violation. The \ncivil penalty amount shall double for each subsequent day that the \nretailer is in noncompliance for the same violation, except that the \ntotal amount of the civil penalty assessed for a single violation may \nnot exceed $5,000.\n ``(d) Adulteration and Misbranding.--The Secretary may not treat a \ncovered commodity as either adulterated or misbranded under the Federal \nMeat Inspection Act (7 U.S.C. 601 et seq.) or any other provision of \nlaw by reason of the failure of the covered commodity to comply with \nthe country of origin requirements of section 282.\n\n``SEC. 284. REGULATIONS.\n\n ``(a) Regulations.--Not later than September 30, 2004, the \nSecretary shall promulgate such regulations as are necessary to \nimplement this subtitle.\n ``(b) Partnerships With States.--In promulgating the regulations, \nthe Secretary shall, to the maximum extent practicable, enter into \npartnerships with States with enforcement infrastructure to assist in \nthe administration of this subtitle.\n\n``SEC. 285. APPLICABILITY.\n\n ``This subtitle shall apply to the retail sale of a covered \ncommodity beginning September 30, 2004.''.","summary":"Country of Origin Labeling Amendment Act of 2003 - Amends the Agricultural Marketing Act of 1946 to revise country of origin labeling provisions, including: (1) specifying the model certification of origin program, (2) specifying producer protections, (3) reducing maximum retailer fines. (4) prohibiting treatment of country of origin violations as adulteration or misbranding, and (5) extending the implementing guideline deadline.","title":"To amend the country-of origin labeling requirements of the Agricultural Marketing Act of 1946 to specify the model upon which the certification program for producers shall be based, to facilitate verification of compliance with the requirements, to impose a schedule of penalties for violation of the requirements, and for other purposes.","text_len":10922,"sum_len":433} {"bill_id":"108_hr4368","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Weather and Oceans Resources \nRealignment Act''.\n\nSEC. 2. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO \n DEPARTMENT OF THE INTERIOR.\n\n (a) Transfer of Administration.--The National Oceanic and \nAtmospheric Administration is transferred to the Department of the \nInterior.\n (b) Transfer of Functions.--All functions that are authorized to be \nperformed by the National Oceanic and Atmospheric Administration \nimmediately before the enactment of this Act are transferred to the \nSecretary of the Interior.\n (c) Maintenance as Separate Entity.--The National Oceanic and \nAtmospheric Administration, including all functions of the Secretary of \nthe Interior relating thereto, shall be maintained as a distinct entity \nin the Department of the Interior.\n\nSEC. 3. REFERENCES.\n\n Any reference in any other Federal law, Executive order, rule, \nregulation, or delegation of authority, or any document of or \npertaining to the National Oceanic and Atmospheric Administration, any \nagency or other component of such administration, or a function \nperformed by such administration immediately before the enactment of \nthis Act--\n (1) to the Secretary of Commerce or another officer of the \n Department of Commerce is deemed to refer to the Secretary of \n the Interior; or\n (2) to the Department of Commerce is deemed to refer to the \n Department of the Interior.\n\nSEC. 4. EXERCISE OF AUTHORITIES.\n\n Except as otherwise provided by law, a Federal official to whom a \nfunction is transferred by this Act may, for purposes of performing the \nfunction, exercise all authorities under any other provision of law \nthat were available with respect to the performance of that function to \nthe official responsible for the performance of the function \nimmediately before the effective date of the transfer of the function \nunder this Act.\n\nSEC. 5. SAVINGS PROVISIONS.\n\n (a) Legal Documents.--All orders, determinations, rules, \nregulations, permits, grants, loans, contracts, agreements, \ncertificates, licenses, and privileges--\n (1) that have been issued, made, granted, or allowed to \n become effective by the President, the Secretary of Commerce, \n any officer or employee of any office transferred by this Act, \n or any other Government official, or by a court of competent \n jurisdiction, in the performance of any function that is \n transferred by this Act, and\n (2) that are in effect on the effective date of such \n transfer (or become effective after such date pursuant to their \n terms as in effect on such effective date),\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, any other authorized official, a court of competent \njurisdiction, or operation of law.\n (b) Proceedings.--This Act shall not affect any proceedings or any \napplication for any benefits, service, license, permit, certificate, or \nfinancial assistance pending on the date of the enactment of this Act \nbefore an office transferred by this Act, but such proceedings and \napplications shall be continued. Orders shall be issued in such \nproceedings, appeals shall be taken therefrom, and payments shall be \nmade pursuant to such orders, as if this Act had not been enacted, and \norders issued in any such proceeding shall continue in effect until \nmodified, terminated, superseded, or revoked by a duly authorized \nofficial, by a court of competent jurisdiction, or by operation of law. \nNothing in this subsection shall be considered to prohibit the \ndiscontinuance or modification of any such proceeding under the same \nterms and conditions and to the same extent that such proceeding could \nhave been discontinued or modified if this Act had not been enacted.\n (c) Suits.--This Act shall not affect suits commenced before the \ndate of the enactment of this Act, and in all such suits, proceeding \nshall be had, appeals taken, and judgments rendered in the same manner \nand with the same effect as if this Act had not been enacted.\n (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced by or against the Department of Commerce or the Secretary of \nCommerce, or by or against any individual in the official capacity of \nsuch individual as an officer or employee of an office transferred by \nthis Act, shall abate by reason of the enactment of this Act.\n (e) Continuance of Suits.--If any Government officer in the \nofficial capacity of such officer is party to a suit with respect to a \nfunction of the officer, and under this Act such function is \ntransferred to any other officer or office, then such suit shall be \ncontinued with the other officer or the head of such other office, as \napplicable, substituted or added as a party.\n (f) Administrative Procedure and Judicial Review.--Except as \notherwise provided by this Act, any statutory requirements relating to \nnotice, hearings, action upon the record, or administrative or judicial \nreview that apply to any function transferred by this Act shall apply \nto the exercise of such function by the head of the Federal agency, and \nother officers of the agency, to which such function is transferred by \nthis Act.\n\nSEC. 6. TRANSFER OF ASSETS.\n\n Except as otherwise provided in this Act, so much of the personnel, \nproperty, records, and unexpended balances of appropriations, \nallocations, and other funds employed, used, held, available, or to be \nmade available in connection with a function transferred to an official \nor agency by this Act shall be available to the official or the head of \nthat agency, respectively, at such time or times as the Director of the \nOffice of Management and Budget directs for use in connection with the \nfunctions transferred.\n\nSEC. 7. DELEGATION AND ASSIGNMENT.\n\n Except as otherwise expressly prohibited by law or otherwise \nprovided in this Act, an official to whom functions are transferred \nunder this Act (including the head of any office to which functions are \ntransferred under this Act) may delegate any of the functions so \ntransferred to such officers and employees of the office of the \nofficial as the official may designate, and may authorize successive \nredelegations of such functions as may be necessary or appropriate. No \ndelegation of functions under this section or under any other provision \nof this Act shall relieve the official to whom a function is \ntransferred under this Act of responsibility for the administration of \nthe function.\n\nSEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET \n WITH RESPECT TO FUNCTIONS TRANSFERRED.\n\n (a) Determinations.--If necessary, the Director shall make any \ndetermination of the functions that are transferred under this Act.\n (b) Incidental Transfers.--The Director, at such time or times as \nthe Director shall provide, may make such determinations as may be \nnecessary with regard to the functions transferred by this Act, and to \nmake such additional incidental dispositions of personnel, assets, \nliabilities, grants, contracts, property, records, and unexpended \nbalances of appropriations, authorizations, allocations, and other \nfunds held, used, arising from, available to, or to be made available \nin connection with such functions, as may be necessary to carry out the \nprovisions of this Act. The Director shall provide for such further \nmeasures and dispositions as may be necessary to effectuate the \npurposes of this Act.\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``function'' includes any duty, obligation, \n power, authority, responsibility, right, privilege, activity, \n or program; and\n (2) the term ``office'' includes any office, \n administration, agency, bureau, institute, council, unit, \n organizational entity, or component thereof.","summary":"Weather and Oceans Resources Realignment Act - Transfers all functions of the National Oceanic and Atmospheric Administration (NOAA) to the Department of the Interior.","title":"To transfer the National Oceanic and Atmospheric Administration to the Department of the Interior.","text_len":8060,"sum_len":167} {"bill_id":"112_hr1586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Security Enhancement and Jobs Act of \n2011''.\n\nSEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE \n TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT \n SECURITY SCREENING OPT-OUT PROGRAM.\n\n (a) In General.--Section 44920(b) of title 49, United States Code, \nis amended to read as follows:\n ``(b) Approval of Applications.--\n ``(1) In general.--Not later than 120 days after the date \n of receipt of an application submitted by an airport operator \n under subsection (a), the Secretary shall approve or deny the \n application.\n ``(2) Standards.--The Secretary shall approve an \n application submitted by an airport operator under subsection \n (a) unless the Secretary determines that the approval would \n compromise security, detrimentally affect the efficiency or \n effectiveness of the screening of passengers or property at the \n airport, or otherwise adversely affect the mission of the \n Transportation Security Administration.\n ``(3) Reports on denials of applications.--\n ``(A) In general.--If the Secretary denies an \n application submitted by an airport operator under \n subsection (a), the Secretary shall provide to the \n airport operator a written report that sets forth--\n ``(i) the findings that served as the basis \n for the denial;\n ``(ii) the results of any cost or security \n analysis conducted in considering the \n application; and\n ``(iii) recommendations on how the airport \n operator can address the reasons for the \n denial.\n ``(B) Submission to congress.--The Secretary shall \n submit to the Committee on Commerce, Science, and \n Transportation of the Senate and the Committee on \n Homeland Security of the House of Representatives a \n copy of any report provided to an airport operator \n under subparagraph (A).\n ``(4) Approved applications.--\n ``(A) List of qualified private screening \n companies.--Not later than 60 days after the date the \n Secretary approves an application submitted by an \n airport operator under subsection (a), the Secretary \n shall provide to the airport operator a list of \n qualified private screening companies (as described in \n subsection (c)), except that this subparagraph shall \n not apply in a case in which the airport operator is \n competing to provide screening services at the airport.\n ``(B) Consideration of airport operator's \n recommendations.--In selecting a private screening \n company to provide screening services at an airport, \n the Secretary shall take into consideration any \n recommendation from the airport operator as to which \n company would best serve the security screening and \n passenger needs of the airport.''.\n (b) Delegation of Authority.--Section 44920 of such title is \namended by adding at the end the following:\n ``(h) Delegation of Authority.--The Secretary may carry out this \nsection acting through the Assistant Secretary of Homeland Security \n(Transportation Security Administration).''.\n (c) Reconsideration of Applications Pending as of January 1, \n2011.--\n (1) In general.--Not later than 30 days after the date of \n enactment of this Act, the Secretary of Homeland Security shall \n reconsider any application for the screening of passengers and \n property that--\n (A) was submitted by the operator of an airport \n pursuant to section 44920(a) of such title;\n (B) was pending for final decision by the Secretary \n as of January 1, 2011; and\n (C) has not been approved by the Secretary on or \n before such date of enactment.\n (2) Notice to airport operators.--The Secretary shall \n provide written notice to the operator of an airport that \n submitted an application to be reconsidered under paragraph \n (1). The notice shall--\n (A) inform the operator that the Secretary will \n reconsider the application;\n (B) if the application was initially denied, advise \n the operator of the findings that served as the basis \n for the denial; and\n (C) request the operator to provide the Secretary \n with such additional information as the Secretary \n determines necessary to reconsider the application.\n (3) Deadline; standards.--The Secretary shall approve or \n deny an application to be reconsidered under paragraph (1) on \n or before the last day of the 120-day period beginning on the \n date of enactment of this Act. The Secretary shall apply the \n standards set forth in section 44920(b) of such title (as \n amended by this section) in approving and denying such \n applications.\n (4) Deemed approval.--If the Secretary does not approve or \n deny an application to be reconsidered under paragraph (1) on \n or before the last day of the 120-day period referred to in \n paragraph (3), the application shall be deemed approved.\n (5) Reports on denials of applications.--\n (A) In general.--If the Secretary denies an \n application of an airport operator following \n reconsideration under this subsection, the Secretary \n shall provide to the airport operator a written report \n that sets forth--\n (i) the findings that served as the basis \n for the denial;\n (ii) the results of any cost or security \n analysis conducted in considering the \n application; and\n (iii) recommendations on how the airport \n operator can address the reasons for the \n denial.\n (B) Submission to congress.--The Secretary shall \n submit to the Committee on Commerce, Science, and \n Transportation of the Senate and the Committee on \n Homeland Security of the House of Representatives a \n copy of any report provided to an airport operator \n under subparagraph (A).\n (d) References to Under Secretary.--Section 44920 of such title is \namended--\n (1) in subsection (a) by striking ``Under Secretary'' the \n first place it appears and inserting ``Secretary of Homeland \n Security'';\n (2) by striking ``Under Secretary'' each place it appears \n and inserting ``Secretary''; and\n (3) in subsection (g) by striking ``of Homeland Security'' \n each place it appears.","summary":"Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company . Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA). Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA).","title":"To amend title 49, United States Code, concerning approval of applications for the airport security screening opt-out program, and for other purposes.","text_len":7474,"sum_len":776} {"bill_id":"110_s1473","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Madera Water Supply Enhancement \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act:\n (1) The term ``District'' means the Madera Irrigation \n District, Madera, California.\n (2) The term ``Project'' means the Madera Water Supply \n Enhancement Project, a groundwater bank on the 13,646 acre \n Madera Ranch in Madera, California, owned, operated, \n maintained, and managed by the District that will plan, design, \n and construct recharge, recovery, and delivery systems able to \n store up to 250,000 acre-feet of water and recover up to 55,000 \n acre-feet of water per year.\n (3) The term ``Secretary'' means the Secretary of the \n United States Department of the Interior.\n (4) The term ``total cost'' means all reasonable costs, \n such as the planning, design, permitting, financing, and \n construction of the Project and the fair market value of lands \n used or acquired by the District for the Project. The total \n cost of the Project shall not exceed $90,000,000.\n\nSEC. 3. NO FURTHER STUDIES OR REPORTS.\n\n (a) Findings.--Congress finds that the Bureau of Reclamation and \nothers have conducted numerous studies regarding the Project, \nincluding, but not limited to the following:\n (1) Bureau of Reclamation Technical Review Groups Final \n Findings Memorandum, July 1997.\n (2) Bureau of Reclamation Madera Ranch Artificial Recharge \n Demonstration Test Memorandum, December 1997.\n (3) Bureau of Reclamation Madera Ranch Groundwater Bank \n Phase 1 Report, 1998.\n (4) Draft Memorandum Recommendations for Phase 2 \n Geohydrologic Work, April 1998.\n (5) Bureau of Reclamation Madera Ranch Water Banking \n Proposal Economic Analysis--MP-340.\n (6) Hydrologic Feasibility Report, December 2003.\n (7) Engineering Feasibility Report, December 2003.\n (8) Feasibility Study of the Preferred Alternative, Water \n Supply Enhancement Project, 2005.\n (9) Engineering Feasibility Report, June 2005.\n (10) Report on Geologic and Hydrologic Testing Program for \n Madera Ranch.\n (11) Engine Driver Study, June 2005.\n (12) Wetlands Delineation, 2000, 2001, 2004, and 2005.\n (13) Madera Ranch Pilot Recharge: Interim Technical \n Memorandum, May 2005.\n (14) Integrated Regional Water Management Plan, July 2005.\n (15) Certified California Environmental Quality Act (CEQA) \n Environmental Impact Report (EIR), September 2005.\n (16) Baseline Groundwater Level Monitoring Report, January \n 2006.\n (17) Final Appraisal Study, Madera Irrigation District \n Water Supply Enhancement Project, October 2006.\n (18) WDS Groundwater Monitoring Status Report to Madera \n Ranch Oversight Committee, November 2006.\n (b) No Further Studies or Reports.--Pursuant to the Reclamation Act \nof 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental \nthereto, the Project is feasible and the Bureau of Reclamation shall \nnot conduct any further studies or reports related to determining the \nfeasibility of the Project.\n\nSEC. 4. COOPERATIVE AGREEMENT.\n\n All planning, design, and construction of the Project authorized by \nthis Act shall be undertaken in accordance with a cooperative agreement \nbetween the Secretary and the District for the Project. Such \ncooperative agreement shall set forth in a manner acceptable to the \nSecretary and the District the responsibilities of the District for \nparticipating, which shall include--\n (1) engineering and design;\n (2) construction; and\n (3) the administration of contracts pertaining to any of \n the foregoing.\n\nSEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT \n PROJECT.\n\n (a) Authorization of Construction.--The Secretary, acting pursuant \nto the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), \nand Acts amendatory thereof or supplementary thereto, as far as those \nlaws are not inconsistent with the provisions of this Act, is \nauthorized to enter into a cooperative agreement through the Bureau \nwith the District for the support of the design, and construction of \nthe Project.\n (b) Cost Share.--The Federal share of the capital costs of the \nProject shall not exceed 25 percent of the total cost as defined in \nsection 2(4). Capital, planning, design, permitting, financing, \nconstruction, and land acquisition costs incurred by the District prior \nto the date of the enactment of this Act shall be considered a portion \nof the non-Federal cost share.\n (c) In-Kind Services.--In-kind services performed by the District \nshall be considered a part of the local cost share to complete the \nProject authorized by subsection (a).\n (d) Credit for Non-Federal Work.--The District shall receive credit \ntoward the non-Federal share of the cost of the Project for--\n (1) reasonable costs incurred by the District as a result \n of participation in the planning, design, permitting, \n financing, and construction of the Project; and\n (2) for the fair market value of lands used or acquired by \n the District for the Project.\n (e) Limitation.--The Secretary shall not provide funds for the \noperation or maintenance of the Project authorized by this section. The \noperation, ownership, and maintenance of the Project shall be the sole \nresponsibility of the District.\n (f) Plans and Analyses Consistent With Federal Law.--Before \nobligating funds for design or construction under this section, the \nSecretary shall work cooperatively with the District to use, to the \nextent possible, plans, designs, and engineering and environmental \nanalyses that have already been prepared by the District for the \nProject. The Secretary shall ensure that such information as is used is \nconsistent with applicable Federal laws and regulations.\n (g) Title; Responsibility; Liability.--Nothing in this section or \nthe assistance provided under this section shall be construed to \ntransfer title, responsibility or liability related to the Project to \nthe United States.\n (h) Authorization of Appropriation.--There is authorized to be \nappropriated to the Secretary to carry out this Act $22,500,000 or 25 \npercent of the total cost of the Project, whichever is less.\n\nSEC. 6. SUNSET.\n\n The authority of the Secretary to carry out any provisions of this \nAct shall terminate 10 years after the date of the enactment of this \nAct.","summary":"Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California, (2) the Project is feasible. And (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25. Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. And (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.","title":"A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.","text_len":6772,"sum_len":1688} {"bill_id":"105_hr1419","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Abuse and Neglect Enforcement \nAct''.\n\nSEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN \n STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS.\n\n (a) Grant Reduction for Noncompliance.--Section 506 of title I of \nthe Omnibus Crime Control and Safe Streets Act of 1968 is amended by \nadding at the end the following:\n ``(g) Information Access.--\n ``(1) In general.--The funds available under this subpart \n for a State shall be reduced by 10 percent and redistributed \n under paragraph (2) unless the State has in effect throughout \n the State a law which requires that a law enforcement agency \n designated by such State make available, on a timely basis, to \n child protective workers and child welfare workers (in public \n and private agencies, who, in the course of their official \n duties, are engaged in the assessment of risk and other actions \n related to the protection of children, including placement of \n children in foster care) criminal conviction record information \n and orders of protection based on a claim of domestic or child \n abuse to the same extent as such information is made available \n to law enforcement officers in such State.\n ``(2) Redistribution.--Any funds available for \n redistribution shall be redistributed to participating States \n that have in effect a law referred to in paragraph (1).\n ``(3) Compliance.--The Attorney General shall issue \n regulations to ensure compliance with the requirements of \n paragraph (1), including a requirement that any charge for \n making available such criminal conviction record information \n may not exceed the actual cost of making such information \n available.''.\n (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus \nCrime Control and Safe Streets Act of 1968 is amended by striking \n``subsection (f),'' and inserting ``subsections (f) and (g),''.\n (c) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the first day of each fiscal year succeeding the first \nfiscal year beginning 2 years after the date of the enactment of this \nAct.\n\nSEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL SUBSTANCE ABUSE; \n AMENDMENT TO PROGRAM OF BLOCK GRANTS TO STATES FOR \n PREVENTION AND TREATMENT OF SUBSTANCE ABUSE.\n\n Subpart II of part B of title XIX of the Public Health Service Act \n(42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1926 \nthe following section:\n\n``SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF STATE OR LOCAL CHILD-\n PROTECTION AGENCY IN EVENT OF NEONATAL CONDITION CAUSED \n BY MATERNAL SUBSTANCE ABUSE.\n\n ``(a) Relevant Law.--Subject to subsection (b), for fiscal year \n1999 and subsequent fiscal years, the Secretary may make a grant under \nsection 1921 only if the State involved requires by law or regulation \nthat--\n ``(1) each newborn infant born in the State be tested for \n physical dependence on any drug; fetal alcohol syndrome; fetal \n alcohol effects; the presence of alcohol; and the presence of \n drugs that are associated with substance abuse; and\n ``(2) if the newborn tests positive under any such test, \n the principal State or local agency with responsibility for the \n protection of children be notified of such fact.\n ``(b) Delayed Applicability for Certain States.--In the case of a \nState whose legislature does not convene a regular session in fiscal \nyear 1998, and in the case of a State whose legislature does not \nconvene a regular session in fiscal year 1999, the requirement \ndescribed in subsection (a) as a condition of a receipt of a grant \nunder section 1921 shall apply only for fiscal year 2000 and subsequent \nfiscal years.\n ``(c) Noncompliance of State.--Before making a grant under section \n1921 to a State for the first applicable fiscal year or any subsequent \nfiscal year, the Secretary shall make a determination of whether the \nState has maintained compliance with subsection (a). If, after notice \nto the State and an opportunity for a hearing, the Secretary determines \nthat the State is not in compliance with such subsection, the Secretary \nshall reduce the amount of the allotment under such section for the \nState for the fiscal year involved by an amount equal to--\n ``(1) in the case of the first applicable fiscal year, 10 \n percent of the amount determined under section 1933 for the \n State for the fiscal year;\n ``(2) in the case of the first fiscal year following such \n applicable fiscal year, 20 percent of the amount determined \n under section 1933 for the State for the fiscal year;\n ``(3) in the case of the second such fiscal year, 30 \n percent of the amount determined under section 1933 for the \n State for the fiscal year; and\n ``(4) in the case of the third such fiscal year or any \n subsequent fiscal year, 40 percent of the amount determined \n under section 1933 for the State for the fiscal year.\n ``(d) Definition.--For purposes of this section, the term `first \napplicable fiscal year' means--\n ``(1) fiscal year 2000, in the case of any State described \n in subsection (b); and\n ``(2) fiscal year 1999, in the case of any other State.''.\n\nSEC. 4. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION.\n\n Section 501(b) of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3751) is amended--\n (1) by striking ``and'' at the end paragraph (25);\n (2) by striking the period at the end of paragraph (26) and \n adding ``; and''; and\n (3) by adding at the end the following:\n ``(27) enforcing child abuse and neglect laws and programs \n designed to prevent child abuse and neglect.''.\n\nSEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS \n OF CRIME ACT OF 1984.\n\n Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended \nby striking ``$10,000,000'' and inserting ``$20,000,000''.\n\nSEC. 6. STUDY AND REPORT RELATING TO EXTENT OF REPORTING REQUIREMENTS \n UNDER CHILD ABUSE AND NEGLECT LAWS AND FOSTER CARE AND \n ADOPTION ASSISTANCE LAWS.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study on the number and type of reporting requirements \nunder--\n (1) the Child Abuse Prevention and Treatment Act (42 U.S.C. \n 5101 et seq. and other Federal laws relating to child abuse and \n neglect, including all regulations established under such Act \n and other laws; and\n (2) part E of title IV of the Social Security Act (relating \n to foster care and adoption assistance), including all \n regulations established under such part.\n (b) Report by Comptroller General.--\n (1) In general.--Not later than 6 months after the date of \n the enactment of this Act, the Comptroller General of the \n United States shall prepare and submit to the Congress and the \n Secretary of Health and Human Services a report containing--\n (A) the results of the study conducted under \n subsection (a); and\n (B) recommendations for reducing the number of \n reporting requirements described in subsection (a).\n (2) Availability.--The Comptroller General shall make the \n report available to appropriate State and local agencies and to \n the public.\n (c) Analysis of Report by Secretary of Health and Human Services.--\n (1) In general.--The Secretary of Health and Human Services \n shall conduct an analysis of the report of the Comptroller \n General of the United States under subsection (b). Such \n analysis shall include appropriate recommendations, if any, of \n the Secretary for reducing the number of reporting requirements \n described in subsection (a).\n (2) Submission.--Not later than 90 days after the date on \n which the Secretary of Health and Human Services receives the \n report of the Comptroller General of the United States \n described in subsection (b), the Secretary shall submit to the \n Congress the analysis described in paragraph (1).\n\nSEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD \n ADVOCACY CENTERS.\n\n It is the sense of the Congress that--\n (1) child advocacy centers play a vital role in \n interviewing, treating, and assisting victims of child abuse;\n (2) such centers are often responsible for intervening in a \n number of potentially dangerous domestic violence situations \n and thus preventing such violence or other incidents; and\n (3) it is appropriate to increase funding for such child \n advocacy centers under title II of the Victims of Child Abuse \n Act of 1990.","summary":"Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. Sets forth provisions regarding redistribution of funds. Directs the Attorney General to issue regulations to ensure compliance. Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that: (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse. And (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified. Sets forth provisions regarding: (1) delayed applicability for certain States. And (2) reduction of a State's allotment for noncompliance. Amends: (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs. And (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims. Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance. Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days. Expresses the sense of the Congress that: (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse. (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents. And (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990.","title":"Child Abuse and Neglect Enforcement Act","text_len":9283,"sum_len":2660} {"bill_id":"111_hr482","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Frank Buckles World War I Memorial \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) In 2017, the United States will commemorate the \n centennial of its entry into World War I, which introduced the \n American soldier to the world in what would become a familiar \n role as defender, liberator, and promoter of peace and \n democracy.\n (2) The support provided by the United States to Great \n Britain, France, and other allies in World War I marked the \n first time in the history of the United States that American \n soldiers went overseas to defend foreign soil against \n aggression, and it marked the true beginning of ``the American \n century''.\n (3) Although World War I was called the ``Great War'' and \n the ``War to End All Wars'', in fact, the United States would \n commit its troops to the defense of foreign lands several more \n times in the 20th century.\n (4) While three of these subsequent conflicts, World War \n II, the Korean War, and the Vietnam War, rightfully have \n commemorative memorials on the National Mall in the District of \n Columbia, there is no memorial to World War I on the Mall, even \n though more Americans gave their lives in World War I than in \n either the Korean War or the Vietnam War.\n (5) While a memorial to General John Pershing and the \n American Expeditionary Forces that he led during World War I is \n located in the District of Columbia, that memorial is not \n located on the Mall and does not commemorate the total \n participation of the United States and its Armed Forces in \n World War I.\n (6) The District of Columbia War Memorial is located on the \n Mall, adjacent to the Lincoln Reflecting Pool between the World \n War II and Korean War memorials, and was erected in memory of \n the 499 residents of the District of Columbia who died in World \n War I.\n (7) The District of Columbia War Memorial is in extreme \n disrepair and is often overlooked by residents and visitors to \n Washington.\n (8) In recognition of the upcoming anniversaries of \n America's entry into World War I, and of the armistice that \n concluded World War I on November 11, 1918, and in order to \n honor the members of the United States Armed Forces who served \n in World War I and to ensure that future generations of \n Americans will know the complete history of America's 20th-\n century struggle against aggression and totalitarianism, it is \n timely and proper to rededicate the site of the District of \n Columbia War Memorial on the National Mall as a ``National and \n District of Columbia World War I Memorial''.\n (9) Because this Act authorizes the rededication and \n related enhancement of a commemorative work that already \n exists, and that is already sited within the Reserve as defined \n in Commemorative Works Act, the provisions of the Commemorative \n Works Act regarding site approval and location of commemorative \n works do not apply to this Act.\n\nSEC. 3. AUTHORITY TO ESTABLISH COMMEMORATIVE WORK.\n\n The World War I Memorial Foundation is authorized to establish a \ncommemorative work rededicating the District of Columbia War Memorial \nas a National and District of Columbia World War I Memorial, \nincluding--\n (1) full restoration of the existing District of Columbia \n War Memorial; and\n (2) the addition of an appropriate sculptural or other \n commemorative element, which shall complement and preserve the \n existing memorial and its landscape, at the site of the \n existing memorial to make it a national memorial.\n\nSEC. 4. COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS; LOCATION OF \n MEMORIAL.\n\n (a) In General.--Except as provided by subsection (b), the \nrededication of the District of Columbia War Memorial shall be in \naccordance with chapter 89 of title 40, United States Code (popularly \nknown as the Commemorative Works Act).\n (b) Exception.--Sections 8908 and 8905 of title 40, United States \nCode shall not apply to this Act.\n\nSEC. 5. PRIVATE CONTRIBUTIONS.\n\n The Foundation shall solicit and accept private contributions for \nthe memorial.\n\nSEC. 6. DEPOSIT OF EXCESS FUNDS.\n\n If, upon payment of all expenses of the rededication (including the \nmaintenance and preservation amount provided for in chapter 89 of title \n40, United States Code, or upon expiration of the authority for the \ncommemorative work under such chapter), there remains a balance of \nfunds received for the establishment of the commemorative work, the \nWorld War I Memorial Foundation shall transmit the amount of the \nbalance to the Secretary of the Treasury for deposit in the account \nprovided for in section 8906(b) of title 40, United States Code.","summary":"Frank Buckles World War I Memorial Act - Authorizes the World War I Memorial Foundation to establish a commemorative work rededicating the District of Columbia War Memorial as a National and District of Columbia World War I Memorial.","title":"To authorize the rededication of the District of Columbia War Memorial as a National and District of Columbia World War I Memorial to honor the sacrifices made by American veterans of World War I.","text_len":5128,"sum_len":233} {"bill_id":"107_hr4464","text":"SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF 13 INCH TELEVISIONS.\n\n (a) In General.--Notwithstanding section 514 of the Tariff Act of \n1930 (19 U.S.C. 1514) or any other provision of law and subject to the \nprovisions of subsection (b), the United States Customs Service shall, \nnot later than 180 days after the receipt of the request described in \nsubsection (b), liquidate or reliquidate each entry described in \nsubsection (d) containing any merchandise which, at the time of the \noriginal liquidation, was classified under the following subheadings of \nthe Harmonized Tariff Schedule of the United States with respect to \nwhich there would have been no duty or a lesser duty if the amendments \nmade by section 1003 of the Miscellaneous Trade and Technical \nCorrections Act of 1999 had applied to such entry or withdrawal:\n (1) Subheading 8528.12.12.\n (2) Subheading 8528.12.20.\n (3) Subheading 8528.12.62.\n (4) Subheading 8528.12.68.\n (5) Subheading 8528.12.76.\n (6) Subheading 8528.12.84.\n (7) Subheading 8528.21.16.\n (8) Subheading 8528.21.24.\n (9) Subheading 8528.21.55.\n (10) Subheading 8528.21.65.\n (11) Subheading 8528.21.75.\n (12) Subheading 8528.21.85.\n (13) Subheading 8528.30.62.\n (14) Subheading 8528.30.66.\n (15) Subheading 8540.11.24.\n (16) Subheading 8540.11.44.\n (b) Requests.--Reliquidation may be made under subsection (a) with \nrespect to an entry described in subsection (d) only if a request \ntherefore is filed with the Customs Service within 90 days after the \ndate of the enactment of this Act, and the request contains sufficient \ninformation to enable the Customs Service to locate the entry or \nreconstruct the entry if it cannot be located.\n (c) Payment of Amounts Owed.--Any amounts owed by the United States \npursuant to the liquidation or reliquidation of an entry under \nsubsection (a) shall be paid not later than 180 days after the date of \nsuch liquidation or reliquidation.\n (d) Affected Entries.--The entries referred to in subsection (a), \nare as follows:\n \n\n \n Entry number Date of entry Date of liquidation\n \n110-17072538 11\/03\/98 09\/17\/99\n110-17091314 11\/23\/98 10\/08\/99\n110-17091322 11\/23\/98 10\/08\/99\n110-17216804 12\/31\/98 11\/12\/99\n110-20748215 04\/20\/99 03\/03\/00\n110-20762802 04\/28\/99 03\/10\/00\n110-20848544 05\/12\/99 03\/31\/00\n110-20848569 05\/18\/99 03\/31\/00\n110-20988456 06\/22\/99 05\/04\/00\n110-20993563 06\/22\/99 05\/15\/00\n110-20997705 06\/22\/99 05\/05\/00\n110-63822017 06\/09\/97 05\/05\/00\n110-63822041 06\/09\/97\n110-63822082 06\/09\/97\n110-68575370 07\/11\/97 05\/22\/98\n110-68575610 07\/11\/97 05\/22\/98\n110-15093163 10\/05\/98 08\/20\/99\n110-15173551 11\/02\/98 09\/17\/99\n110-17091132 11\/07\/98 09\/24\/99\n110-17217265 12\/05\/98 10\/15\/99\n110-20762364 04\/12\/99 02\/18\/00\n110-63822025 06\/09\/97\n110-75485118 02\/12\/98 12\/28\/98\n110-75492643 02\/12\/98 12\/28\/98\n110-75793447 07\/07\/98 05\/21\/99\n110-20993704 06\/20\/99 05\/05\/00\n110-66600972 06\/07\/97 04\/17\/98\n110-66603414 06\/14\/97 .......................\n110-66603448 06\/07\/97 04\/17\/98\n110-66617810 06\/21\/97 05\/01\/98\n110-66618099 06\/23\/97 05\/08\/98\n110-68156429 07\/12\/97 05\/22\/98\n110-68165818 07\/19\/97 05\/29\/98\n110-68165826 07\/19\/97 05\/29\/98\n110-68171576 07\/26\/97 06\/05\/98\n110-68175767 08\/02\/97 06\/12\/98\n110-68177029 08\/02\/97 06\/12\/98\n110-68217833 08\/16\/97 06\/26\/98\n110-68220167 08\/16\/97 07\/06\/98\n110-68220183 08\/19\/97 07\/06\/98\n110-68233418 08\/24\/97 07\/10\/98\n110-68234424 08\/25\/97 07\/10\/98\n110-70008550 09\/20\/97 07\/31\/98\n110-70014707 09\/20\/97 07\/31\/98\n110-70014723 09\/20\/97 07\/31\/98\n110-70014731 09\/30\/97 07\/31\/98\n110-70014756 09\/20\/97 07\/31\/98\n110-70014798 09\/20\/97 07\/31\/98\n110-70100464 10\/11\/97 08\/21\/98\n110-70106651 10\/19\/97 09\/04\/98\n110-70106669 10\/19\/97 09\/04\/98\n110-70112584 10\/25\/97 09\/04\/98\n110-70113970 10\/25\/97 09\/04\/98\n110-70113996 10\/25\/97 09\/04\/98\n110-70115199 10\/25\/97 09\/04\/98\n110-70190978 11\/08\/97 09\/18\/98\n110-70192990 11\/08\/97 09\/18\/98\n110-70198906 11\/15\/97 09\/25\/98\n110-70198914 11\/15\/97 09\/25\/98\n110-70204233 11\/29\/97 10\/09\/98\n110-70204266 11\/22\/97 10\/02\/98\n110-75399046 12\/19\/97 10\/30\/98\n110-75399103 01\/04\/98 11\/20\/98\n110-75481455 01\/24\/98 12\/04\/98\n110-75485563 01\/24\/98 12\/04\/98\n110-75494953 02\/07\/98 12\/18\/98\n110-04901383 07\/11\/97 05\/22\/98\n110-33326985 07\/07\/97 05\/22\/98\n110-63019333 07\/11\/97 05\/22\/98\n110-63821993 06\/07\/97 04\/17\/98\n110-66600378 06\/20\/97 05\/01\/98\n110-66601004 06\/20\/97 05\/01\/98\n110-66603380 06\/20\/97 05\/01\/98\n110-66625441 07\/07\/97 05\/22\/98\n110-66626951 07\/07\/97 05\/22\/98\n110-68175825 08\/04\/97 06\/19\/98\n110-68182938 08\/11\/97 06\/26\/98\n110-68184140 08\/11\/97 06\/26\/98\n110-68184918 08\/11\/97 06\/26\/98\n110-68184926 08\/11\/97 06\/26\/98\n110-68184934 08\/11\/97 06\/26\/98\n110-68184942 08\/11\/97 06\/26\/98\n110-68229994 09\/08\/97 07\/24\/98\n110-68230000 09\/08\/97 07\/24\/98\n110-68230232 09\/03\/97 07\/17\/98\n110-70009715 09\/22\/97 08\/07\/98\n110-70024698 10\/07\/98 08\/21\/98\n110-70028764 10\/13\/97 08\/28\/98\n110-70028772 10\/13\/97 08\/28\/98\n110-70103625 10\/30\/98 09\/11\/98\n110-70186810 11\/13\/97 09\/25\/98\n110-70190937 11\/26\/97 10\/09\/98\n110-70192362 11\/19\/97 10\/02\/98\n110-70199151 11\/26\/97 10\/09\/98\n110-70204555 12\/04\/97 10\/16\/98\n110-70204563 12\/04\/97 10\/16\/98\n110-70206360 12\/06\/97 10\/23\/98\n110-75399079 01\/07\/98 11\/20\/98\n110-75492627 02\/11\/98 12\/28\/98\n110-75492635 02\/11\/98 12\/28\/98\n110-14975204 09\/15\/98 07\/30\/99\n110-20848643 05\/19\/99 05\/31\/00\n110-20988472 06\/20\/99 05\/05\/00\n110-20993589 06\/20\/99 05\/05\/00\n110-75485126 02\/11\/98 12\/28\/98\n110-75793405 07\/16\/98 05\/28\/99\n110-75793611 08\/04\/98 06\/18\/99\n110-75931278 08\/16\/98 07\/02\/99\n110-75938893 08\/16\/98 07\/23\/99","summary":"Directs the US Customs Service to liquidate or reliquidate specified entries of 13-inch televisions and pay amounts owed.","title":"To provide for reliquidation pursuant to section 1003 of the Miscellaneous Trade and Technical Corrections Act of 1999.","text_len":13796,"sum_len":121} {"bill_id":"115_s1893","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Systemic Risk Designation \nImprovement Act of 2017''.\n\nSEC. 2. REVISIONS TO COUNCIL AUTHORITY.\n\n (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street \nReform and Consumer Protection Act (12 U.S.C. 5322) is amended in \nsubsection (a)(2)(I) by inserting before the semicolon ``, which have \nbeen identified as global systemically important bank holding companies \npursuant to section 217.402 of title 12, Code of Federal Regulations, \nor subjected to a determination under subsection (l) of section 165''.\n (b) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall \nStreet Reform and Consumer Protection Act (12 U.S.C. 5325) is amended--\n (1) in subsection (a)(1), by striking ``large, \n interconnected bank holding companies'' and inserting ``bank \n holding companies which have been identified as global \n systemically important bank holding companies pursuant to \n section 217.402 of title 12, Code of Federal Regulations, or \n subjected to a determination under subsection (l) of section \n 165''; and\n (2) in subsection (a)(2)--\n (A) in subparagraph (A), by striking ``; or'' at \n the end and inserting a period;\n (B) by striking ``the Council may'' and all that \n follows through ``differentiate'' and inserting ``the \n Council may differentiate''; and\n (C) by striking subparagraph (B).\n (c) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform \nand Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking \n``with total consolidated assets of $50,000,000,000 or greater'' and \ninserting ``which has been identified as a global systemically \nimportant bank holding company pursuant to section 217.402 of title 12, \nCode of Federal Regulations, or subjected to a determination under \nsubsection (l) of section 165''.\n (d) Mitigation.--Section 121(a) of the Dodd-Frank Wall Street \nReform and Consumer Protection Act (12 U.S.C. 5331) is amended by \nstriking ``with total consolidated assets of $50,000,000,000 or more'' \nand inserting ``which has been identified as a global systemically \nimportant bank holding company pursuant to section 217.402 of title 12, \nCode of Federal Regulations, or subjected to a determination under \nsubsection (l) of section 165''.\n (e) Office of Financial Research.--Section 155 of the Dodd-Frank \nWall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is \namended in subsection (d) by striking ``with total consolidated assets \nof 50,000,000,000 or greater'' and inserting ``which have been \nidentified as global systemically important bank holding companies \npursuant to section 217.402 of title 12, Code of Federal Regulations, \nor subjected to a determination under subsection (l) of section 165''.\n\nSEC. 3. REVISIONS TO BOARD AUTHORITY.\n\n (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform \nand Consumer Protection Act (12 U.S.C. 5363) is amended by striking \n``with total consolidated assets equal to or greater than \n$50,000,000,000'' each place such term appears and inserting ``which \nhas been identified as a global systemically important bank holding \ncompany pursuant to section 217.402 of title 12, Code of Federal \nRegulations, or subjected to a determination under subsection (l) of \nsection 165''.\n (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall \nStreet Reform and Consumer Protection Act (12 U.S.C. 5364) is amended \nby striking ``with total consolidated assets equal to or greater than \n$50,000,000,000'' and inserting ``which has been identified as a global \nsystemically important bank holding company pursuant to section 217.402 \nof title 12, Code of Federal Regulations, or subjected to a \ndetermination under subsection (l) of section 165''.\n (c) Enhanced Supervision and Prudential Standards.--Section 165 of \nthe Dodd-Frank Wall Street Reform and Consumer Protection Act (12 \nU.S.C. 5365) is amended--\n (1) in subsection (a), by striking ``with total \n consolidated assets equal to or greater than $50,000,000,000'' \n and inserting ``which have been identified as global \n systemically important bank holding companies pursuant to \n section 217.402 of title 12, Code of Federal Regulations, or \n subjected to a determination under subsection (l)'';\n (2) in subsection (a)(2)--\n (A) by striking ``(A) In general.--'';\n (B) in subparagraph (A), by striking ``may'' and \n inserting ``shall''; and\n (C) by striking subparagraph (B);\n (3) in subsection (j), by striking ``with total \n consolidated assets equal to or greater than $50,000,000,000'' \n and inserting ``which has been identified as a global \n systemically important bank holding company pursuant to section \n 217.402 of title 12, Code of Federal Regulations, or subjected \n to a determination under subsection (l)''.\n (d) Advanced Tailoring.--Section 165 of the Dodd-Frank Wall Street \nReform and Consumer Protection Act (12 U.S.C. 5365) is amended by \nadding at the end the following:\n ``(l) Additional Bank Holding Companies Subject to Enhanced \nSupervision and Prudential Standards by Tailored Regulation.--\n ``(1) Determination.--The Board of Governors may, within \n the limits of its existing resources--\n ``(A) determine that a bank holding company that \n has not been identified as a global systemically \n important bank holding company pursuant to section \n 217.402 of title 12, Code of Federal Regulations, shall \n be subject to certain enhanced supervision or \n prudential standards under this section, tailored to \n the risks presented, based on the considerations in \n paragraph (3), where material financial distress at the \n bank holding company, or the nature, scope, size, \n scale, concentration, interconnectedness, or mix of the \n activities of the individual bank holding company, \n could pose a threat to the financial stability of the \n United States; or\n ``(B) by regulation determine that a category of \n bank holding companies that have not been identified as \n global systemically important bank holding companies \n pursuant to section 217.402 of title 12, Code of \n Federal Regulations, shall be subject to certain \n enhanced supervision or prudential standards under this \n section, tailored to the risk presented by the category \n of bank holding companies, based on the considerations \n in paragraph (3), where material financial distress at \n the category of bank holding companies, or the nature, \n scope, size, scale, concentration, interconnectedness, \n or mix of the activities of the category of bank \n holding companies, could pose a threat to the financial \n stability of the United States.\n ``(2) Council approval of regulations with respect to \n categories.--Notwithstanding paragraph (1)(B), a regulation \n issued by the Board of Governors to make a determination under \n such paragraph (1)(B) shall not take effect unless the Council, \n by a vote of not fewer than \\2\/3\\ of the voting members then \n serving, including an affirmative vote by the Chairperson, \n approves the metrics used by the Board of Governors in \n establishing such regulation.\n ``(3) Considerations.--In making any determination under \n paragraph (1), the Board of Governors shall consider the \n following factors:\n ``(A) The size of the bank holding company.\n ``(B) The interconnectedness of the bank holding \n company.\n ``(C) The extent of readily available substitutes \n or financial institution infrastructure for the \n services of the bank holding company.\n ``(D) The global cross-jurisdictional activity of \n the bank holding company.\n ``(E) The complexity of the bank holding company.\n ``(4) Consistent application of considerations.--In making \n a determination under paragraph (1), the Board of Governors \n shall ensure that bank holding companies that are similarly \n situated with respect to the factors described under paragraph \n (3), are treated similarly for purposes of any enhanced \n supervision or prudential standards applied under this section.\n ``(5) Use of currently reported data to avoid unnecessary \n burden.--For purposes of making a determination under paragraph \n (1), the Board of Governors shall make use of data already \n being reported to the Board of Governors, including from \n calculating a bank holding company's systemic indicator score, \n in order to avoid placing an unnecessary burden on bank holding \n companies.''.\n (e) Systemic Identification.--Section 165 of the Dodd-Frank Wall \nStreet Reform and Consumer Protection Act (12 U.S.C. 5365), as amended \nby subsection (d), is further amended by adding at the end the \nfollowing:\n ``(m) Systemic Identification.--With respect to the identification \nof bank holding companies as global systemically important bank holding \ncompanies pursuant to section 217.402 of title 12, Code of Federal \nRegulations, or subjected to a determination under subsection (l), the \nBoard of Governors shall--\n ``(1) publish, including on the Board of Governors's \n website, a list of all bank holding companies that have been so \n identified, and keep such list current; and\n ``(2) solicit feedback from the Council on the \n identification process and on the application of such process \n to specific bank holding companies.''.\n (f) Conforming Amendment.--The second subsection (s) (relating to \n``Assessments, Fees, and Other Charges for Certain Companies'') of \nsection 11 of the Federal Reserve Act (12 U.S.C. 248) is amended--\n (1) by redesignating such subsection as subsection (t); and\n (2) in paragraph (2)(A), by striking ``having total \n consolidated assets of $50,000,000,000 or more'' and inserting \n ``which have been identified as global systemically important \n bank holding companies pursuant to section 217.402 of title 12, \n Code of Federal Regulations, or subjected to a determination \n under subsection (l) of section 165 of the Dodd-Frank Wall \n Street Reform and Consumer Protection Act''.\n\nSEC. 4. RULE OF CONSTRUCTION.\n\n Nothing in this Act or the amendments made by this Act shall be \nconstrued to prohibit the Board of Governors of the Federal Reserve \nSystem from prescribing enhanced prudential standards for any bank \nholding company which the Board of Governors determines, based upon the \nbank holding company's size, interconnectedness, substitutability, \nglobal cross-jurisdictional activity, and complexity, could pose a \nsafety and soundness risk to the stability of the United States banking \nor financial system but has not been designated as a global \nsystemically important bank holding company.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect after the end of \nthe 1-year period following the date of the enactment of this Act.","summary":"Systemic Risk Designation Improvement Act of 2017 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to allow the Federal Reserve Board (FRB) to subject a bank holding company to enhanced supervision if: (1) the company has been identified as a global systemically important company. Or (2) the risk of the company's financial distress, or the nature of the company's activities, could pose a threat to the financial stability of the United States. Currently, companies are subject to this type of oversight if they possess at least $50 billion in assets or are a nonbank financial company under the FRB's supervision. The Financial Stability Oversight Council must approve of any metrics used by the FRB in determining by regulation that a category of bank holding companies is subject to enhanced supervision. Under this bill, companies subject to enhanced supervision may be required to limit mergers and acquisitions, restrict products offered, or maintain a certain debt ratio. The FRB must publish the list of companies that have been identified as requiring enhanced supervision.","title":"Systemic Risk Designation Improvement Act of 2017","text_len":11905,"sum_len":1114} {"bill_id":"111_hr1013","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hazardous Materials Cooperative \nResearch Act of 2009''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n Congress finds the following:\n (1) There are more than 1,000,000 shipments per day in the \n United States of materials identified as hazardous by the \n Department of Transportation. These shipments are estimated to \n total 2,100,000,000 tons of hazardous cargo per year and to \n comprise more than 18 percent of the total freight tonnage \n moved in the United States annually.\n (2) Hazardous materials are shipped by all transportation \n modes, and it is estimated that there are currently 400,000 \n large trucks, 115,000 railroad tank cars, and 3,000 tank barges \n dedicated to the shipment of hazardous materials.\n (3) More than a dozen Federal agencies have regulatory, \n enforcement, and operational responsibilities for ensuring the \n safety and security of hazardous materials shipments. In \n addition, a variety of State and local agencies have \n responsibility for developing and enforcing State-level \n regulations and for responding to incidents involving hazardous \n materials.\n (4) Decisions regarding the packaging and routing of \n hazardous materials shipments, the development and \n implementation of procedures to ensure both the safety and \n security of such shipments, and the regulation of hazardous \n materials shipments are made by industry groups and government \n entities at a variety of levels and in all modal \n administrations of the Department of Transportation on a daily \n basis.\n (5) The Federal agencies involved in the regulation and \n oversight of hazardous materials shipments, as well as State \n and local governments, carriers, shippers, and other groups, \n conduct on-going research on the transportation of hazardous \n materials. However, much of this research is program or mode-\n specific and as such is focused on addressing only the \n regulatory, inspection, enforcement, or operational needs of \n the group undertaking the research.\n (6) There is a documented need for the establishment of a \n cooperative research program that will engage all modes and \n actors, both public and private, involved in the transportation \n of hazardous materials in conducting cross-cutting assessments \n of hazardous materials transportation issues that are national \n and multi-modal in scope and application.\n\nSEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM.\n\n (a) In General.--The Secretary of Transportation shall establish \nand carry out a hazardous materials cooperative research program in \naccordance with the requirements of this section.\n (b) Governing Board.--The Secretary shall establish an independent \ngoverning board to select projects and studies to be carried out under \nthe hazardous materials cooperative research program. The governing \nboard shall be comprised of one voting representative from each of the \nfollowing:\n (1) The Federal Aviation Administration.\n (2) The Federal Motor Carrier Administration.\n (3) The Federal Transit Administration.\n (4) The Federal Railroad Administration.\n (5) The Maritime Administration.\n (6) The Research and Innovative Technology Administration.\n (7) The Pipeline and Hazardous Materials Safety \n Administration.\n (8) The Department of Homeland Security.\n (9) The Department of Energy.\n (10) The Environmental Protection Agency.\n (11) A State department of transportation.\n (12) A State emergency management agency.\n (13) A nonprofit organization representing emergency \n responders.\n (14) A hazmat employer.\n (15) A nonprofit organization representing hazmat \n employees.\n (16) A labor union representing members involved in \n shipping hazardous materials.\n (17) A hazardous materials manufacturer.\n (18) An organization representing the hazardous materials \n manufacturing industry.\n (19) A research university or research institution.\n (20) Additional representatives as the Secretary considers \n appropriate.\n (c) Research Studies.--Under the cooperative research program, the \ngoverning board shall select cooperative research studies of hazardous \nmaterials transportation that are cross-cutting in nature and that \nconsider issues not adequately addressed by existing Federal or private \nsector research programs. Priority shall be given to research studies \nthat will yield results immediately applicable to risk analysis and \nmitigation or that will strengthen the ability of first responders to \nrespond to incidents and accidents involving transportation of \nhazardous materials.\n (d) Implementation.--The Secretary shall make grants to, and enter \na cooperative agreement with, the National Academy of Sciences to carry \nout projects and studies under the cooperative research program.\n (e) Definitions.--In this section, the terms ``hazmat employer'' \nand ``hazmat employee'' have the meanings given those terms in section \n5102 of title 49, United States Code.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2010 through 2013. Such sums shall remain available until \nexpended.","summary":"Hazardous Materials Cooperative Research Act of 2009 - Directs the Secretary of Transportation to establish: (1) a hazardous materials cooperative research program. And (2) an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.","title":"To direct the Secretary of Transportation to establish and carry out a hazardous materials cooperative research program.","text_len":5712,"sum_len":541} {"bill_id":"109_s475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Housing Enhancement \nAct of 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there exists--\n (A) a unique relationship between the Federal \n Government and the Indian tribal governments; and\n (B) a unique Federal trust responsibility to \n Indians;\n (2) Indians experience some of the worst housing conditions \n in the country, such that--\n (A) 32.6 percent of Indian homes are overcrowded;\n (B) 33 percent of Indian homes lack adequate solid \n waste management systems;\n (C) 8 percent of Indian homes lack a safe indoor \n water supply; and\n (D) approximately 90,000 Indian families are \n homeless or underhoused;\n (3) the poverty rate for Indians is twice that of the rest \n of the population of the United States;\n (4) the population growth of Indians that began in the \n latter part of the 20th century increased the need for Federal \n housing services;\n (5)(A) under the requirements of the Native American \n Housing Assistance and Self-Determination Act of 1996 (25 \n U.S.C. 4101 et seq.), members of Indian tribes are given \n preference for housing programs;\n (B) a primary purpose of that Act is to allow Indian tribes \n to leverage funds with other Federal and private funds;\n (C) the Department of Agriculture has been a significant \n funding source for housing for Indian tribes; and\n (D) the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should \n be amended--\n (i) to allow assistance provided under that Act and \n assistance provided by the Secretary of Agriculture \n under other law to be combined to meet the severe \n housing needs of Indian tribes; and\n (ii) to allow for the preference referred to in \n subparagraph (A) by granting an exemption from title VI \n of the Civil Rights Act of 1964 (42 U.S.C. 2000d et \n seq.) and title VIII of the Civil Rights Act of 1968 \n (42 U.S.C. 3601 et seq.) to Indian tribes that--\n (I) comply with title II of Public Law 90-\n 284 (25 U.S.C. 1301 et seq.) (commonly known as \n the ``Indian Civil Rights Act''); or\n (II) are acting under the Native American \n Housing Assistance and Self-Determination Act \n of 1996 (25 U.S.C. 4131(b)); and\n (6) section 457 of the Cranston-Gonzales National \n Affordable Housing Act (42 U.S.C. 12899f) should be amended to \n include Indian tribes, tribally designated housing entities, or \n other agencies that primarily serve Indians as eligible \n applicants for YouthBuild grants.\n\nSEC. 3. TREATMENT OF PROGRAM INCOME.\n\n Section 104(a)(2) of the Native American Housing Assistance and \nSelf-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by \ninserting ``restrict access to a grant or'' after ``not''.\n\nSEC. 4. CIVIL RIGHTS COMPLIANCE.\n\n Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is \namended by adding at the end the following:\n\n``SEC. 544. INDIAN TRIBES.\n\n ``(a) In General.--Federally recognized Indian tribes (or the \ninstrumentalities of the tribes) that exercise powers of self-\ngovernment shall comply with title II of Public Law 90-284 (25 U.S.C. \n1301 et seq.) (commonly known as the ``Indian Civil Rights Act'') when \nreceiving assistance under this title.\n ``(b) Exemption.--Title VI of the Civil Rights Act of 1964 (42 \nU.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 \n(42 U.S.C. 3601 et seq.) shall not apply to--\n ``(1) tribes covered by title II of Public Law 90-284 (25 \n U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil \n Rights Act''); or\n ``(2) tribes acting under section 201(b) of the Native \n American Housing Assistance and Self-Determination Act of 1996 \n (25 U.S.C. 4131(b)).''.\n\nSEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.\n\n Section 457(2) of the Cranston-Gonzales National Affordable Housing \nAct (42 U.S.C. 12899f(2)) is amended--\n (1) in subparagraph (F), by striking ``and'' at the end;\n (2) by redesignating subparagraph (G) as subparagraph (H); \n and\n (3) by inserting after subparagraph (F) the following:\n ``(G) an Indian tribe, tribally designated housing \n entity (as defined in section 4 of the Native American \n Housing Assistance and Self-Determination Act of 1996 \n (25 U.S.C. 4103)), or other agency primarily serving \n Indians; and''.","summary":"Native American Housing Enhancement Act of 2005 - Amends the Native American Housing Assistance Act of 1996 to prohibit the Secretary of the Interior from restricting access to a Native American affordable housing grant based solely on one of four specified factors. Amends title V of the Housing Act of 1949 to state that federally recognized Indian tribes who exercise powers of self-government shall comply with the Indian Civil Rights Act when receiving assistance under title V. States that title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by Federal law commonly known as the Indian Civil Rights Act. Or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996. Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants.","title":"A bill to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing for Indians.","text_len":5083,"sum_len":1017} {"bill_id":"113_hr616","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Scaling Up Manufacturing Act of \n2013''.\n\nSEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \neligible business, the manufacturing facility expenditure credit for \nany taxable year is an amount equal to 25 percent of the qualified \nfacility construction expenditures of the taxpayer for the taxable \nyear.\n ``(b) Eligible Business.--For purposes of this section, the term \n`eligible business' means any corporation or partnership--\n ``(1) which is engaged in an active trade or business,\n ``(2) which is headquartered in the United States,\n ``(3) substantially all of the management or administrative \n activities of which are performed in the United States,\n ``(4) which has not (prior to placing into service the \n manufacturing facility designated for purposes of this section) \n placed in service a dedicated commercial manufacturing \n facility,\n ``(5) with respect to which all debt obligations issued by, \n and equity interests in, have a rating of B minus (or its \n substantial equivalent) or higher from a credit rating agency \n registered with the Securities and Exchange Commission as a \n nationally recognized statistical rating organization (as \n defined in section 3(a) of the Securities Exchange Act of \n 1934).\n ``(c) Qualified Facility Construction Expenditures.--For purposes \nof this section--\n ``(1) In general.--The term `qualified facility \n construction expenditures' means amounts paid or incurred by \n the taxpayer--\n ``(A) for the construction of a facility \n (designated for purposes of this section by the \n taxpayer at such time and in such form and manner as \n the Secretary shall prescribe) in the United States to \n manufacture a qualified product (including amounts for \n professional services necessary for the planning of \n such construction), and\n ``(B) for the purchase of specialized equipment for \n use at such facility and required for the manufacture \n of such product.\n ``(2) Qualified product.--The term `qualified product' \n means any product which, prior to construction of the facility \n with respect to which a credit is allowed under this section, \n the taxpayer has produced and sold to a bona fide purchaser, \n and such purchaser has placed such product in service.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Recapture.--\n ``(A) In general.--If, as of the close of any \n taxable year, there is a recapture event with respect \n to any facility of the taxpayer with respect to which a \n credit was allowed under this section, then the tax of \n the taxpayer under this chapter for such taxable year \n shall be increased by an amount equal to the product \n of--\n ``(i) the applicable recapture percentage, \n and\n ``(ii) the aggregate decrease in the \n credits allowed under section 38 for all prior \n taxable years which would have resulted if the \n qualified facility construction expenditures of \n the taxpayer described in subsection (c)(1) \n with respect to such facility had been zero.\n ``(B) Applicable recapture percentage.--\n ``(i) In general.--For purposes of this \n subsection, the applicable recapture percentage \n shall be determined in accordance with the \n following table:\n\n``If the recapture event The applicable recapture percentage \n occurs in: is:\n Year 1............................................. 100 \n Year 2............................................. 80 \n Year 3............................................. 60 \n Year 4............................................. 40 \n Year 5............................................. 20 \n Years 6 and thereafter............................. 0.\n ``(ii) Years.--For purposes of clause (i), \n year 1 shall begin on the first day of the \n taxable year in which the facility with respect \n to which a credit was allowed under this \n subsection was placed in service.\n ``(C) Recapture event.--For purposes of this \n paragraph--\n ``(i) In general.--A recapture event occurs \n with respect to any facility if--\n ``(I) the taxpayer becomes \n insolvent, or\n ``(II) the taxpayer disposes of the \n facility to another person who, at this \n time of the disposition, is not an \n eligible business.\n ``(ii) Special rule for facilities not \n placed in service within 5 years.--In the case \n of a facility with respect to which a credit is \n allowed under this section which is not placed \n in service before the close of the 5th taxable \n year beginning after the first taxable year for \n which the credit was so allowed, a recapture \n event shall be treated as having occurred with \n respect to such facility in year 1.\n ``(2) Credit may be assigned.--The amount of qualified \n facility construction expenditures with respect to a facility \n which would (but for this paragraph) be taken into account \n under subsection (a) for any taxable year by any person \n (hereafter in this paragraph referred to as the `initial \n taxpayer')--\n ``(A) may be taken into account by any other person \n to whom such expenditures are assigned by the initial \n taxpayer, and\n ``(B) shall not be taken into account by initial \n taxpayer.\n Any person to whom such expenditures are assigned under \n subparagraph (A) shall be treated for purposes of this title as \n the taxpayer with respect to such expenditures.\n ``(3) Controlled group.--All members of the same controlled \n group of corporations (within the meaning of section 52(a)) and \n all persons under common control (within the meaning of section \n 52(b)) shall be treated as 1 person for purposes of this \n section.\n ``(4) Predecessor.--Any reference in this section to a \n corporation or partnership shall include a reference to any \n predecessor of such corporation or partnership.\n ``(5) Denial of double benefit.--For purposes of this \n subtitle, if a credit is allowed under this section in \n connection with any expenditure for any property, the basis of \n such property shall be reduced by the amount of the credit so \n allowed.''.\n (b) Denial of Double Benefit.--Section 280C of such Code is amended \nby inserting after subsection (h) the following new subsection:\n ``(i) Manufacturing Facility Expenditures.--No deduction shall be \nallowed for that portion of the expenses otherwise allowable as a \ndeduction taken into account in determining the credit under section \n45S for the taxable year which is equal to the amount of the credit \ndetermined for such taxable year under section 45S(a).''.\n (c) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (35), by striking the period at the end of paragraph (36) \nand inserting ``, plus'', and by inserting after paragraph (36) the \nfollowing:\n ``(37) manufacturing facility expenditure credit determined \n under section 45S(a).''.\n (d) Conforming Amendment.--Subsection (a) of section 1016 of such \nCode is amended by striking ``and'' at the end of paragraph (36), by \nstriking the period at the end of paragraph (37) and inserting ``, \nand'', and by adding at the end the following new paragraph:\n ``(38) to the extent provided in section 45S(d)(2).''.\n (e) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act.","summary":"Scaling Up Manufacturing Act of 2013 - Amends the Internal Revenue Code to allow certain corporations or partnerships that are headquartered in the United States a tax credit for up to 25 of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility.","title":"Scaling Up Manufacturing Act of 2013","text_len":9399,"sum_len":323} {"bill_id":"105_s2423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Budget Office \nImprovement Act of 1998''.\n\nSEC. 2. ESTABLISHMENT OF CBO CONGRESSIONAL BUDGET BOARD AND ECONOMIC \n ADVISORY COUNCIL.\n\n (a) Congressional Budget Board and Economic Advisory Council.--\nTitle II of the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) \nis amended by adding at the end thereof the following new sections:\n\n ``congressional budget board\n\n ``Sec. 204. (a) Establishment and Functions.--There shall be a \nCongressional Budget Office Board (referred to as the `Board'), which \nshall--\n ``(1) provide general oversight of the operations of the \n Office, including monitoring, reviewing, and evaluating the \n performance of the Office;\n ``(2) approve in advance the undertaking by the Office of \n any studies and the publication of any reports in addition to \n those required by law that the Director may propose to \n undertake or publish as an appropriate undertaking in \n furtherance of the purposes for which the Office is \n established; and\n ``(3) provide general guidance to the Director in the \n formulation and implementation of procedures and policies for \n the Office.\n ``(b) Membership.--The Board shall consist of 13 members as \nfollows:\n ``(1) 6 Members of the Senate, appointed by the President \n pro tempore of the Senate, 3 from the majority party and 3 from \n the minority party;\n ``(2) 6 Members of the House of Representatives appointed \n by the Speaker of the House of Representatives, 3 from the \n majority party and 3 from the minority party; and\n ``(3) the Director, who shall not be a voting member.\n ``(c) Execution of Functions During Vacancies; Filling of \nVacancies.--Vacancies in the membership of the Board shall not affect \nthe power of the remaining members to execute the functions of the \nBoard and shall be filled in the same manner as the original \nappointment.\n ``(d) Chairman and Vice Chairman; Selection Procedure.--(1) The \nBoard shall select a chairman and vice chairman from among its members \nat the beginning of each Congress.\n ``(2) The vice chairman shall act in the place and stead of the \nchairman in the absence of the chairman.\n ``(3) The chairmanship and vice chairmanship shall alternate \nbetween the Senate and the House of Representatives with each Congress.\n ``(4) The chairman during each even-numbered Congress shall be \nselected by the Members of the House of Representatives on the Board \nfrom among their number.\n ``(5) The vice chairman during each Congress shall be chosen in the \nsame manner from that House of Congress other than the House of \nCongress of which the chairman is a Member.\n ``(e) Meetings; Powers of Board.--(1) The Board may sit and act at \nsuch places and times during the sessions, recesses, and adjournment \nperiods of Congress, and upon a vote of a majority of its members, \nrequire by subpoena or otherwise the attendance of such witnesses and \nthe production of such books, papers, and documents, administer such \noaths and affirmations, take such testimony, procure such printing and \nbinding, and make such expenditures, as the Board deems advisable.\n ``(2) The Board may make such rules respecting its organization and \nprocedures as it deems necessary, except that no recommendation shall \nbe reported from the Board unless a majority of the Board assent.\n ``(3) The chairman of the Board or any voting member thereof may \nadminister oaths or affirmations to witnesses.\n\n ``advisory council\n\n ``Sec. 205. (a) Establishment; Duties.--The Office shall establish \nan Economic Advisory Council (referred to as the `Council') which \nshall--\n ``(1) review and make recommendations to the Board on \n activities undertaken by the Office;\n ``(2) evaluate the quality and objectivity of research \n performed by the Office and the reports that result from that \n research; and\n ``(3) undertake such additional related tasks as the Board \n may direct.\n ``(b) Composition.--The Council shall be composed of 12 members of \nthe public, appointed by the Board, who shall be persons eminent in the \nfields of--\n ``(1) public finance;\n ``(2) economics of taxation and microeconomics; and\n ``(3) macroeconomics.\n ``(c) Chairman and Vice Chairman; Terms and Conditions of \nService.--(1) The Council, by majority vote, shall elect from its \nmembers a chairman and vice chairman, who shall serve for such time and \nunder such conditions as the Council may prescribe.\n ``(2) In the absence of the chairman, or in the event of the \nchairman's incapacity, the vice chairman shall act as chairman.\n ``(d) Terms of Office; Reappointment.--(1) The term of office of \neach member of the Council shall be 4 years, except that any such \nmember appointed to fill a vacancy occurring prior to the expiration of \nthe term for which the member's predecessor was appointed shall be \nappointed for the remainder of that term.\n ``(2) No person shall be appointed a member of the Council more \nthan twice.\n ``(3) Terms of the members of the Council shall be staggered so as \nto establish a rotating membership according to such method as the \nBoard may devise.\n ``(e) Compensation and Reimbursement for Travel, Subsistence, and \nOther Necessary Expenses.--The members of the Council shall receive \ncompensation for each day engaged in the actual performance of duties \nvested in the Council at rates of pay not in excess of the daily \nequivalent of the highest rate of basic pay set forth in the General \nSchedule of section 5332(a) of title 5, and shall be reimbursed for \ntravel, subsistence, and other necessary expenses incurred by them in \nthe performance of duties vested in the Council, without regard to \nsubchapter 1 of chapter 57 and section 5731 of title 5.\n\n ``disclosure of assumptions\n\n ``Sec. 205. Any report to Congress or to the public made by the \nOffice that contains an estimate of the effect that legislation will \nhave on revenues or expenditures shall be accompanied by a written \nstatement fully disclosing the economic, technical, and behavioral \nassumptions that were made in producing the estimate.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \nbecome effective January 1, 1999.","summary":"Congressional Budget Office Improvement Act of 1998 - Amends the Congressional Budget Act of 1974 to establish a Congressional Budget Office Board to: (1) provide general oversight of Congressional Budget Office (CBO) operations. (2) approve in advance the undertaking of Office studies and publication of reports that the CBO Director may propose. And (3) provide general guidance to the Director in the formulation and implementation of CBO procedures and policies. Directs CBO to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on CBO activities. (2) evaluate the quality and objectivity of CBO research and reports. And (3) undertake additional related tasks as the Board may direct. Requires any CBO report to the Congress or the public that contains an estimate of the effect that legislation will have on revenues or expenditures to be accompanied by a written statement disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.","title":"Congressional Budget Office Improvement Act of 1998","text_len":6578,"sum_len":1026} {"bill_id":"107_hr1499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``District of Columbia College Access \nImprovement Act of 2002''.\n\nSEC. 2. PUBLIC SCHOOL PROGRAM.\n\n Section 3(c)(2) of the District of Columbia College Access Act of \n1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking \nsubparagraphs (A) through (C) and inserting the following:\n ``(A)(i) in the case of an individual who begins an \n undergraduate course of study within 3 calendar years \n (excluding any period of service on active duty in the armed \n forces, or service under the Peace Corps Act (22 U.S.C. 2501 et \n seq.) or subtitle D of title I of the National and Community \n Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation \n from a secondary school, or obtaining the recognized equivalent \n of a secondary school diploma, was domiciled in the District of \n Columbia for not less than the 12 consecutive months preceding \n the commencement of the freshman year at an institution of \n higher education;\n ``(ii) in the case of an individual who graduated from a \n secondary school or received the recognized equivalent of a \n secondary school diploma before January 1, 1998, and is \n currently enrolled at an eligible institution as of the date of \n enactment of the District of Columbia College Access \n Improvement Act of 2002, was domiciled in the District of \n Columbia for not less than the 12 consecutive months preceding \n the commencement of the freshman year at an institution of \n higher education; or\n ``(iii) in the case of any other individual and an \n individual re-enrolling after more than a 3-year break in the \n individual's post-secondary education, has been domiciled in \n the District of Columbia for at least 5 consecutive years at \n the date of application;\n ``(B)(i) graduated from a secondary school or received the \n recognized equivalent of a secondary school diploma on or after \n January 1, 1998;\n ``(ii) in the case of an individual who did not graduate \n from a secondary school or receive a recognized equivalent of a \n secondary school diploma, is accepted for enrollment as a \n freshman at an eligible institution on or after January 1, \n 2002; or\n ``(iii) in the case of an individual who graduated from a \n secondary school or received the recognized equivalent of a \n secondary school diploma before January 1, 1998, is currently \n enrolled at an eligible institution as of the date of enactment \n of the District of Columbia College Access Improvement Act of \n 2002;\n ``(C) meets the citizenship and immigration status \n requirements described in section 484(a)(5) of the Higher \n Education Act of 1965 (20 U.S.C. 1091(a)(5));''.\n\nSEC. 3. PRIVATE SCHOOL PROGRAM.\n\n Section 5(c)(1)(B) of the District of Columbia College Access Act \nof 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by \nstriking ``the main campus of which is located in the State of Maryland \nor the Commonwealth of Virginia''.\n\nSEC. 4. GENERAL REQUIREMENTS.\n\n Section 6 of the District of Columbia College Access Act of 1999 \n(sec. 38-2705, D.C. Official Code) is amended--\n (1) by striking subsection (b) and inserting the following:\n ``(b) Administrative Expenses.--\n ``(1) In general.--The Mayor of the District of Columbia may \n not use more than 7 percent of the total amount of Federal funds \n appropriated for the program, retroactive to the date of enactment \n of this Act (the District of Columbia College Access Act of 1999), \n for the administrative expenses of the program.\n ``(2) Definition.--In this subsection, the term `administrative \n expenses' means any expenses that are not directly used to pay the \n cost of tuition and fees for eligible students to attend eligible \n institutions.'';\n (2) by redesignating subsections (e) and (f) as subsections (f) \n and (g);\n (3) by inserting after subsection (d) the following:\n ``(e) Local Funds.--It is the sense of Congress that the District \nof Columbia may appropriate such local funds as necessary for the \nprograms under sections 3 and 5.''; and\n (4) by adding at the end the following:\n ``(h) Dedicated Account for Programs.--\n ``(1) Establishment.--The District of Columbia government shall \n establish a dedicated account for the programs under sections 3 and \n 5 consisting of the following amounts:\n ``(A) The Federal funds appropriated to carry out such \n programs under this Act or any other Act.\n ``(B) Any District of Columbia funds appropriated by the \n District of Columbia to carry out such programs.\n ``(C) Any unobligated balances in amounts made available \n for such programs in previous fiscal years.\n ``(D) Interest earned on balances of the dedicated account.\n ``(2) Use of funds.--Amounts in the dedicated account shall be \n used solely to carry out the programs under sections 3 and 5.''.\n\nSEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF \n APPROPRIATIONS.\n\n (a) In General.--The District of Columbia College Access Act of \n1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at \nthe end the following new section:\n\n``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL \n AND PRIVATE SCHOOL PROGRAMS.\n\n ``The aggregate amount authorized to be appropriated to the \nDistrict of Columbia for the programs under sections 3 and 5 for any \nfiscal year may not exceed--\n ``(1) $17,000,000, in the case of the aggregate amount for \n fiscal year 2003;\n ``(2) $17,000,000, in the case of the aggregate amount for \n fiscal year 2004; or\n ``(3) $17,000,000, in the case of the aggregate amount for \n fiscal year 2005.''.\n (b) Conforming Amendments.--\n (1) Public school program.--Section 3(i) of such Act (sec. 38-\n 2702(i), D.C. Official Code) is amended by striking ``and such \n sums'' and inserting ``and (subject to section 7) such sums''.\n (2) Private school program.--Section 5(f) of such Act (sec. 38-\n 2704(f), D.C. Official Code) is amended by striking ``and such \n sums'' and inserting ``and (subject to section 7) such sums''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"District of Columbia College Access Improvement Act of 2001 - Revises eligibility requirements for tuition assistance under the District of Columbia College Access Act of 1999 to allow the following to be eligible for such assistance: (1) applicants who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and are currently enrolled at an eligible institution as of the enactment of this Act, and were domiciled in the District of Columbia for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education. (2) applicants re-enrolling after more than a three-year break in their post-secondary education who have been domiciled in the District for at least five consecutive years at the application date. (3) applicants who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, but are accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002. And (4) applicants who graduated from a secondary school or received the recognized equivalent of such school diploma before January 1, 1998 and are currently enrolled at an eligible institution as of the enactment of this Act. Requires all eligible students to meet the citizenship and immigration status requirements described in the Higher Education Act of 1965. Amends the Act: (1) to allow individuals who attend private historically black colleges and universities (HBCUs) nationwide to participate in such Tuition Assistance Program. And (2) to prohibit the Mayor from using more than seven percent of the total amount of Federal funds appropriated for such Program, retroactive to the Act's enactment, for the Program's administrative expenses. Expresses the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the Program. Requires the District government to establish a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal years. Authorizes the use of such funds to help pay the cost of tuition and fees for eligible students to attend eligible institutions if the fiscal year appropriation for that year is insufficient to cover the cost of tuition and fees for that year.","title":"An act to amend the District of Columbia College Access Act of 1999 to permit individuals who enroll in an institution of higher education more than 3 years after graduating from a secondary school and individuals who attend private historically black colleges and universities nationwide to participate in the tuition assistance programs under such Act, and for other purposes.","text_len":6777,"sum_len":2513} {"bill_id":"115_s101","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``King Cove Road Land Exchange Act''.\n\nSEC. 2. FINDING.\n\n Congress finds that the land exchange required under this Act \n(including the designation of the road corridor and the construction of \nthe road along the road corridor) is in the public interest.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--\n (A) In general.--The term ``Federal land'' means \n the approximately 206 acres of Federal land located \n within the Refuge as depicted on the map entitled \n ``Project Area Map'' and dated September 2012.\n (B) Inclusion.--The term ``Federal land'' includes \n the 131 acres of Federal land in the Wilderness, which \n shall be used for the road corridor along which the \n road is to be constructed in accordance with section \n 4(b)(2).\n (2) Non-federal land.--The term ``non-Federal land'' means \n the approximately 43,093 acres of land owned by the State as \n depicted on the map entitled ``Project Area Map'' and dated \n September 2012.\n (3) Refuge.--The term ``Refuge'' means the Izembek National \n Wildlife Refuge in the State.\n (4) Road corridor.--The term ``road corridor'' means the \n road corridor designated under section 4(b)(1).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of Alaska.\n (7) Wilderness.--The term ``Wilderness'' means the Izembek \n Wilderness designated by section 702(6) of the Alaska National \n Interest Lands Conservation Act (16 U.S.C. 1132 note; Public \n Law 96-487).\n\nSEC. 4. LAND EXCHANGE REQUIRED.\n\n (a) In General.--If the State offers to convey to the Secretary all \nright, title, and interest of the State in and to the non-Federal land, \nthe Secretary shall convey to the State all right, title, and interest \nof the United States in and to the Federal land.\n (b) Use of Federal Land.--The Federal land shall be conveyed to the \nState for the purposes of--\n (1) designating a road corridor through the Refuge; and\n (2) constructing a single-lane gravel road along the road \n corridor subject to the requirements in section 6.\n (c) Valuation, Appraisals, and Equalization.--\n (1) In general.--The value of the Federal land and the non-\n Federal land to be exchanged under this section--\n (A) shall be equal, as determined by appraisals \n conducted in accordance with paragraph (2); or\n (B) if not equal, shall be equalized in accordance \n with paragraph (3).\n (2) Appraisals.--\n (A) In general.--As soon as practicable after the \n date of enactment of this Act, the Secretary and State \n shall select an appraiser to conduct appraisals of the \n Federal land and non-Federal land.\n (B) Requirements.--The appraisals required under \n subparagraph (A) shall be conducted in accordance with \n nationally recognized appraisal standards, including--\n (i) the Uniform Appraisal Standards for \n Federal Land Acquisitions; and\n (ii) the Uniform Standards of Professional \n Appraisal Practice.\n (3) Equalization.--\n (A) Surplus of federal land.--If the final \n appraised value of the Federal land exceeds the final \n appraised value of the non-Federal land to be conveyed \n under the land exchange under this section, the value \n of the Federal land and non-Federal land shall be \n equalized--\n (i) by conveying additional non-Federal \n land in the State to the Secretary, subject to \n the approval of the Secretary;\n (ii) by the State making a cash payment to \n the United States; or\n (iii) by using a combination of the methods \n described in clauses (i) and (ii).\n (B) Surplus of non-federal land.--If the final \n appraised value of the non-Federal land exceeds the \n final appraised value of the Federal land to be \n conveyed under the land exchange under this section, \n the value of the Federal land and non-Federal land \n shall be equalized by the State adjusting the acreage \n of the non-Federal land to be conveyed.\n (C) Amount of payment.--Notwithstanding section \n 206(b) of the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1716(b)), the Secretary may accept a \n payment under subparagraph (A)(ii) in excess of 25 \n percent of the value of the Federal land conveyed.\n (d) Administration.--On completion of the exchange of Federal land \nand non-Federal land under this section--\n (1) the boundary of the Wilderness shall be modified to \n exclude the Federal land; and\n (2) the non-Federal land shall be--\n (A) added to the Wilderness; and\n (B) administered in accordance with--\n (i) the Wilderness Act (16 U.S.C. 1131 et \n seq.); and\n (ii) other applicable laws.\n (e) Deadline.--The land exchange under this section shall be \ncompleted not later than 180 days after the date of enactment of this \nAct.\n\nSEC. 5. ROUTE OF ROAD CORRIDOR.\n\n The route of the road corridor shall follow the southern road \nalignment as described in the alternative entitled ``Alternative 2-Land \nExchange and Southern Road Alignment'' in the final environmental \nimpact statement entitled ``Izembek National Wildlife Refuge Land \nExchange\/Road Corridor Final Environmental Impact Statement'' and dated \nFebruary 5, 2013.\n\nSEC. 6. REQUIREMENTS RELATING TO ROAD.\n\n The requirements relating to usage, barrier cables, and dimensions \nand the limitation on support facilities under subsections (a) and (b) \nof section 6403 of the Omnibus Public Land Management Act of 2009 \n(Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed \nin the road corridor.\n\nSEC. 7. EFFECT.\n\n The exchange of Federal land and non-Federal land and the road to \nbe constructed under this Act (including the issuance of any permit \nthat may be required from any Federal agency to construct the road) \nshall not constitute a major Federal action for purposes of the \nNational Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).","summary":"King Cove Road Land Exchange Act This bill declares that, if the state of Alaska offers to convey to the Department of the Interior 43,093 acres of state-owned land, Interior shall convey to Alaska, in exchange, 206 acres of federal land within the Izembek National Wildlife Refuge and 131 acres of federal land within the Izembek Wilderness, for purposes of: (1) designating a road corridor through the refuge, and (2) constructing a single-lane gravel road along the road corridor. The values of the federal and nonfederal lands to be exchanged shall be equal. Interior and Alaska shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized appraisal standards. The bill requires the route of the road corridor to follow a specified southern road alignment. The bill states that the exchange of the federal and nonfederal lands and the road to be constructed under this bill shall not constitute a major federal action requiring environmental impact review under the National Environmental Policy Act of 1969.","title":"King Cove Road Land Exchange Act","text_len":7063,"sum_len":1076} {"bill_id":"111_hr3142","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeowners' Emergency Mortgage \nAssistance Act''.\n\nSEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.\n\n (a) In General.--The Secretary shall establish a program to make \npayments on a mortgage for a 1- to 4-family residence when--\n (1) the mortgagee has given the mortgagor notice in \n accordance with section 3(b) that it intends to foreclose the \n mortgage;\n (2) at least 2 full monthly installments due on the \n mortgage are unpaid after the application of any partial \n payments that may have been accepted but not yet applied to the \n mortgage account;\n (3) the mortgagor is suffering financial hardship due to \n circumstances beyond the control of the mortgagor which render \n the mortgagor unable to correct the delinquency on the mortgage \n and unable to make full mortgage payments before the expiration \n of the 60-day period beginning on the date that notice was sent \n to the mortgagor in accordance with section 3(b);\n (4) there is a reasonable prospect that the mortgagor will \n be able to resume full mortgage payments not later than 36 \n months after the beginning of the period for which assistance \n payments are provided and to pay the mortgage in full by its \n maturity date or by a later date agreed upon by the mortgagee;\n (5) the property mortgaged is the mortgagor's principal \n place of residence;\n (6) the mortgagor does not own other residential property \n which is subject to a mortgage;\n (7) the mortgagor has applied to the Secretary for \n assistance in accordance with section 4; and\n (8) the mortgagor has not been more than 60 days in arrears \n on a residential mortgage within the 2-year period preceding \n the delinquency for which assistance is requested, unless the \n mortgagor can demonstrate that the prior delinquency was the \n result of financial hardship due to circumstances beyond the \n control of the mortgagor.\n (b) Effect of Finding of Ineligibility.--If, after reviewing an \napplication for assistance submitted in accordance with section 4, the \nSecretary determines that the mortgagor has not met the conditions of \neligibility described in subsection (a), the mortgagor shall be \nprohibited from reapplying for assistance under this Act until the \nexpiration of the 6-month period beginning on the date of such \ndetermination unless there is a material change in the financial \ncircumstances of the mortgagor.\n (c) Determination Relating to Financial Hardship.--In determining \nwhether a financial hardship (which may be caused by a reduction in \nincome or an increase in expenses, or both) is due to circumstances \nbeyond the control of a mortgagor, the Secretary may consider \ninformation regarding the mortgagor's employment record, credit \nhistory, and current income. Such circumstances shall include, but not \nbe limited to--\n (1) loss of job of a member of the household;\n (2) salary, wage, or earnings reduction of a member of the \n household;\n (3) injury, disability, or illness of a member of the \n household;\n (4) divorce or separation in the household; or\n (5) death of a member of the household.\n (d) Housing Counseling Agencies.--The Secretary shall designate and \napprove nonprofit housing counseling agencies in each State to be \navailable to assist the Secretary in implementing the program \nestablished pursuant to subsection (a) of this section and to section \n4(b)(1)(A). Nonprofit housing agencies designated and approved under \nthis subsection shall provide assistance to an eligible mortgagor \nduring the entire period that such mortgagor receives assistance under \nthis Act.\n\nSEC. 3. LEGAL ACTION.\n\n (a) Conditions Under Which Legal Action Is Prohibited.--Except as \notherwise provided in the Act, a mortgagee of a mortgage for a 1- to 4-\nfamily residence may not accelerate the maturity of or commence any \nlegal action regarding such a mortgage (including, but not limited to, \nmortgage foreclosure to recover under such obligation) or take \npossession of any security of the mortgagor for such mortgage \nobligation unless the mortgagee has sent to the mortgagor notice \npursuant to subsection (b). In addition, the mortgagee may not take \nsuch action--\n (1) before the expiration of the 30-day period beginning on \n the date that notice of the intent to take such action was sent \n to the mortgagor in accordance with subsection (b);\n (2) before the expiration of the 30-day period beginning on \n the date of the initial meeting between the mortgagor and an \n approved counseling agency held in accordance with section \n 4(a);\n (3) if an application for such assistance under this Act \n has been submitted to the Secretary on behalf of the mortgagor \n and such application--\n (A) is pending; or\n (B) has been approved but payments have not yet \n been made toward the mortgage; or\n (4) if payment toward the mortgage is being made under this \n Act.\n (b) Requirements of Notice.--The Secretary shall issue regulations \nthat include, but are not limited to, a uniform notice under this \nsection. Such notice shall be in plain language and shall--\n (1) inform the mortgagor in large bold type that he or she \n may be eligible for temporary assistance in making mortgage \n payments;\n (2) include an explanation of the mortgage assistance \n program under this Act;\n (3) inform the mortgagor that to apply for mortgage \n assistance, he or she shall attend a meeting in accordance with \n section 4(a) within 30 days of the date of the notice;\n (4) include the legal action intended and the basis \n therefore;\n (5) include a list of approved counseling agencies located \n in the State in which the mortgagor resides;\n (6) be sent via first class mail to the last known address \n of the mortgagor; and\n (7) be subject to such other requirements as prescribed by \n the Secretary.\n\nSEC. 4. APPLICATION FOR ASSISTANCE.\n\n (a) Meeting.--\n (1) In general.--To apply for assistance under this Act, \n not later than 30 days after receiving notice in accordance \n with section 3(b), a mortgagor shall attend a face-to-face \n meeting with the mortgagee or an approved counseling agency to \n attempt to prevent legal action for which the notice was sent \n by restructuring the mortgage payment schedule. A meeting under \n this paragraph may be conducted over the telephone under \n circumstances prescribed by the Secretary.\n (2) Notice.--If the mortgagor meets with the approved \n counseling agency within the period specified in paragraph (1), \n the approved counseling agency shall send notice of the meeting \n which includes, but is not limited to, the date of the meeting, \n to the mortgagee not later than 5 business days after the \n meeting.\n (b) Preparation; Submission.--\n (1) In general.--If the mortgagor is not able to resolve \n the default and prevent foreclosure before the expiration of \n the 30-day period beginning on the date of the meeting, the \n mortgagor may file an application for mortgage assistance under \n this Act. At the request of the mortgagor, an approved \n counseling agency shall--\n (A) assist the mortgagor in preparing an \n application for assistance under this Act; and\n (B) not later than 30 days after the mortgagor \n initially requests assistance in the preparation of the \n application, submit the completed application to the \n Secretary.\n (2) Fees.--The Secretary may pay approved counseling \n agencies a fee, in an amount determined by the Secretary, for \n rendering assistance pursuant to this Act.\n (c) Notice to Mortgagee.--If the approved counseling agency submits \nan application for assistance to the Secretary on behalf of a \nmortgagor, the approved counseling agency shall, not later than 5 \nbusiness days after submitting the application, inform the mortgagee of \nthe date that the application was submitted.\n (d) Form; Contents.--An application for assistance under this Act \nshall be submitted on a form prescribed by the Secretary and shall \ninclude a financial statement disclosing all assets and liabilities of \nthe mortgagor, whether singly or jointly held, and all household income \nregardless of source.\n (e) Effect of Misrepresentation.--A mortgagor who intentionally \nmisrepresents any financial information in connection with the filing \nof an application for assistance under this Act may be denied \nassistance and required to immediately repay any amount of assistance \nreceived, and the mortgagee may, at any time thereafter, take any legal \naction to enforce the mortgage without any further restrictions or \nrequirements under this Act.\n (f) Availability.--An application for assistance under this Act may \nbe obtained from an approved counseling agency.\n (g) Determination on Application.--\n (1) Time period.--The Secretary shall determine eligibility \n of a mortgagor for assistance under this Act not later than 60 \n days after receipt of the application of the mortgagor.\n (2) Notification.--Not later than 5 business days after \n making the determination on an application for assistance, the \n Secretary shall notify the mortgagor and the mortgagee as to \n whether the application has been approved or disapproved.\n\nSEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.\n\n (a) Amount To Bring Mortgage Current.--If the Secretary determines \nthat a mortgagor is eligible for assistance under this Act and the \nSecretary approves such mortgagor for assistance, the Secretary shall \npay to the mortgagee from any amounts made available to carry out this \nAct the full amount due to the mortgagee pursuant to the terms of the \nmortgage without regard to any acceleration under the mortgage, or the \nfull amount of any alternative mortgage payments agreed to by the \nmortgagee and mortgagor on the date that the application is approved by \nthe Secretary. This amount shall include the amount of principal, \ninterest, taxes, assessments, ground rents, hazard insurance, any \nmortgage insurance or credit insurance premiums, and reasonable \nattorneys' fees incurred by such mortgagee in relation to the \narrearage.\n (b) Monthly Assistance Payments.--\n (1) In general.--The Secretary shall make monthly mortgage \n assistance payments to the mortgagee on behalf of the mortgagor \n pursuant to this Act.\n (2) Obligation of the mortgagor.--A mortgagor on whose \n behalf the Secretary is making the mortgage assistance payments \n shall pay monthly payments to the Secretary. Such payments \n shall be in an amount which will cause the mortgagor's total \n housing expense not to exceed 35 percent of the mortgagor's net \n effective income. This shall be the maximum amount the \n mortgagor can be required to pay during the 36 months a \n mortgagor is eligible for mortgage assistance.\n (3) Obligation of the secretary.--Upon receipt of this \n payment from the mortgagor, the Secretary or the Secretary's \n duly authorized agent shall send the total mortgage payment \n directly to the mortgagee.\n (c) Review Upon Delinquency.--If the mortgagor fails to pay to the \nSecretary any amounts due directly from the mortgagor under this \nsection not later than 15 days after such due date, the Secretary or \nits designated agent shall review the mortgagor's financial \ncircumstances to determine whether a delinquency in payments due from \nthe mortgagor under this section or section 6 is the result of a change \nin the mortgagor's financial circumstances since the payment amount was \nlast determined. If the delinquency is not the result of a change in \nthe mortgagor's financial circumstances, the Secretary shall terminate \nfuture mortgage assistance payments and the mortgagee may, at any time \nthereafter, take any legal action to enforce its mortgage without any \nfurther restriction or requirement. If the delinquency is the result of \nsuch a change, the Secretary shall modify the mortgagor's required \npayments to the Secretary as the Secretary shall determine.\n (d) Period for Assistance.--Payments under this Act shall be \nprovided for a period not to exceed 36 months, either consecutively or \nnonconsecutively. The Secretary shall establish procedures for periodic \nreview of the mortgagor's financial circumstances for the purpose of \ndetermining the necessity for continuation, termination, or adjustment \nof the amount of the payments.\n\nSEC. 6. REPAYMENT OF ASSISTANCE.\n\n (a) Assistance Loan.--The amount by which the assistance payments \nmade by the Secretary to the mortgagee exceeds the amount of payments \nmade by the mortgagor to the Secretary shall be a loan by the Secretary \nto the mortgagor. The loan shall be evidenced by such documents as the \nSecretary shall determine necessary to protect the interests of the \nUnited States.\n (b) Repayment of Assistance Loan.--Before making assistance \npayments under this Act on behalf of a mortgagor, the Secretary shall \nenter into an agreement with the mortgagor for repayment of all \nmortgage assistance made by the Secretary under section 5, plus \ninterest as provided in subsection (c). The agreement shall provide for \nmonthly payments by the mortgagor to the Secretary which (1) shall \nbegin once the Secretary has determined that continuation of mortgage \nassistance payments to the mortgagee is unnecessary, and (2) shall be \nin an amount determined as follows:\n (1) Housing expense less than 35 percent.--If the \n mortgagor's total housing expense is less than 35 percent of \n the mortgagor's net effective income, the mortgagor shall pay \n to the Secretary the difference between 35 percent of the \n mortgagor's net effective income and the mortgagor's total \n housing expense unless otherwise determined by the Secretary \n after examining the mortgagor's financial circumstances and \n ability to contribute to repayment of the mortgage assistance.\n (2) Housing expense greater than 35 percent.--If the \n mortgagor's total housing expense is more than 35 percent of \n the mortgagor's net effective income, repayment of the mortgage \n assistance shall be deferred until the mortgagor's total \n housing expense is less than 35 percent of the mortgagor's net \n effective income.\n (3) When mortgage paid in full.--Notwithstanding paragraphs \n (1) and (2), if repayment of mortgage assistance is not made by \n the date that the mortgage is paid in full, the mortgagor shall \n make mortgage assistance repayments in an amount not less than \n the previous regular mortgage payment until the mortgage \n assistance is repaid.\n (c) Interest.--Interest shall accrue on all mortgage assistance \nmade under this Act at the rate determined monthly by the Secretary of \nthe Treasury to be equal to the then current average yield on \noutstanding 30-year bonds issued by the Secretary of the Treasury under \nsection 3102 of title 31, United States Code, and shall accrue only \nduring the period in which the mortgagor is required to make repayment \nunder this section.\n (d) Lien To Secure Repayment of Assistance.--Repayment of amounts \nowed to the Secretary from a mortgagor shall be secured by a mortgage \nlien on the property and by such other obligation as the Secretary may \nrequire. The lien or other security interest of the Secretary shall not \nbe deemed to take priority over any other secured lien or secured \ninterest in effect against the mortgagor's property on the date \nassistance payments begin. The Secretary may allow subordination of the \nmortgage assistance lien only if such subordination is necessary to \npermit the mortgagor to obtain a home improvement loan for repairs \nnecessary to preserve the property.\n (e) Time for Repayment.--Payments under this section shall be made \nby the mortgagor to the Secretary not later than 14 days after each \nmortgage payment is due under the mortgage (or in the case of repayment \nafter the mortgage has been paid in full, not later than the date the \nmortgage payments were due under the mortgage).\n\nSEC. 7. DEFINITIONS.\n\n For the purposes of this Act, the following definitions apply:\n (1) Approved counseling agency.--The term ``approved \n counseling agency'' means a nonprofit housing counseling agency \n approved by the Secretary pursuant to section 2(e).\n (2) Gross household income.--The term ``gross household \n income'' means the total income of a mortgagor, the mortgagor's \n spouse, children residing in the same residence as the \n mortgagor, and any other person living in such residence that \n is declared by the mortgagor as a dependent for Federal income \n tax purposes.\n (3) Household.--The term ``household'' means a mortgagor, \n the mortgagor's spouse, children residing in the same residence \n as the mortgagor, and any other person living in such residence \n that is declared by the mortgagor as a dependent for Federal \n income tax purposes.\n (4) Housing expense.--The term ``housing expense'' means \n the sum of the mortgagor's monthly maintenance, utility, and \n hazard insurance expense, taxes, and required mortgage \n payments, including escrows.\n (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and \n ``mortgagor'' have the meanings given such terms in section 201 \n of the National Housing Act (12 U.S.C. 1707).\n (6) Net effective income.--The term ``net effective \n income'' means the gross household income of the mortgagor, \n less city, State, and Federal income and social security taxes.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated for each fiscal year such \nsums as may be necessary to provide assistance under this Act and for \ncosts (as such term is defined in section 502 of the Federal Credit \nReform Act of 1990 (2 U.S.C. 661a)) of such assistance.","summary":"Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for a mortgage for a one- to four-family residence whose mortgagor is temporarily unable to meet payment obligations due to financial hardship beyond the mortgagor's control. Prohibits an mortgagee from accelerating the maturity of or commencing any legal action regarding a mortgage or taking possession of any mortgagor security: (1) unless the mortgagee meets certain notice and other specified conditions. Or (2) if the mortgagor has applied for or is receiving assistance under this Act. Requires mortgagor repayment of such assistance, plus interest.","title":"To establish a program to assist homeowners experiencing unavoidable, temporary difficulty making payments on home mortgages.","text_len":19083,"sum_len":712} {"bill_id":"112_hr2099","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Natural Disaster \nMitigation Act of 2011''.\n\nSEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR NATURAL DISASTER MITIGATION \n PROPERTY.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25D the following new section:\n\n``SEC. 25E. NATURAL DISASTER MITIGATION PROPERTY.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to 25 percent of the qualified \nnatural disaster mitigation property expenditures made by the taxpayer \nduring such taxable year in connection with a qualified principal \nresidence of the taxpayer.\n ``(b) Maximum Credit.--The credit allowed under subsection (a) with \nrespect to any principal residence of the taxpayer for any taxable year \nshall not exceed the excess of--\n ``(1) $5,000 (half such amount in the case of a married \n individual filing a separate return), over\n ``(2) the aggregate amounts allowed as a credit under this \n section to the taxpayer (or the taxpayer's spouse) with respect \n to such residence for all prior taxable years.\n ``(c) Limitation Based on Amount of Tax.--In the case of a taxable \nyear to which section 26(a)(2) does not apply, the credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess of--\n ``(1) the sum of the regular tax liability (as defined in \n section 26(b)) plus the tax imposed by section 55, over\n ``(2) the sum of the credits allowable under this subpart \n (other than this section and sections 23, 24, and 25B) and \n section 27 for the taxable year.\n ``(d) Qualified Natural Disaster Mitigation Property Expenditure.--\nFor purposes of this section, the term `qualified natural disaster \nmitigation property expenditure' means an expenditure for--\n ``(1) property to improve the strength of a roof deck \n attachment,\n ``(2) property to create a secondary water barrier to \n prevent water intrusion,\n ``(3) property to improve the durability of a roof \n covering,\n ``(4) property to brace gable-end walls,\n ``(5) property to reinforce the connection between a roof \n and supporting wall,\n ``(6) property to protect openings from penetration by \n windborne debris,\n ``(7) property to protect exterior doors and garages,\n ``(8) property to improve the natural resiliency of the \n property, including the restoration, establishment, or \n enhancement of aquatic resources (having the meanings given \n such terms by part 332 of title 33 of the Code of Federal \n Regulations), as prescribed by the Secretary after consultation \n with the Administrator of the Environmental Protection Agency \n and the Assistant Secretary of the Army for Civil Works,\n ``(9) seismic retrofitting, including property to increase \n resistance to seismic activity, ground motion, or soil failure \n due to earthquakes, or\n ``(10) such other measures to mitigate natural disaster \n damage to homes, as prescribed by the Secretary after \n consultation with the Administrator of the Federal Emergency \n Management Agency and, to the extent applicable, in accordance \n with section 12(d) of the National Technology Transfer and \n Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104-\n 113).\n ``(e) Qualified Principal Residence.--For purposes of this section, \nthe term `qualified pricnipal residence' means the principal residence \nof the taxpayer (within the meaning of section 121) if such residence--\n ``(1) is assessed by the locality in which it is located at \n a value which does not exceed 300 percent of the national \n median home price (determined as of the close of the taxable \n year for which the credit determined under this section is \n allowed), and\n ``(2) is not severe repetitive loss property (as defined in \n section 1361A of the National Flood Insurance Act (42 U.S.C. \n 4102a(b))).\n ``(f) Rules Related to Inspections and Labor Costs.--For purposes \nof this section--\n ``(1) Inspection requirement.--An expenditure shall be \n taken into account in determining the qualified natural \n disaster mitigation property expenditures made by the taxpayer \n during the taxable year only if the installation of the \n property with respect to which such expenditure is made has \n been completed in a manner that is deemed to be adequate by an \n inspector that is licensed or certified by the State or other \n governmental authority, or its designee, having jurisdiction \n over inspectors in the area where the installed property is \n located.\n ``(2) Labor and inspection costs.--For purposes of this \n section, expenditures for labor costs properly allocable to the \n onsite preparation, assembly, or original installation of the \n property described in subsection (d) (including the cost of \n inspections referred to in paragraph (1)) shall be taken into \n account in determining the qualified natural disaster \n mitigation property expenditures made by the taxpayer during \n the taxable year.\n ``(g) Basis Adjustment.--For purposes of this section, if a credit \nis allowed under this section for any expenditure with respect to any \nproperty, the increase in the basis of such property which would (but \nfor this subsection) result from such expenditure shall be reduced by \nthe amount of the credit so allowed.''.\n (b) Conforming Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25D the following new \nitem:\n\n``Sec. 25E. Natural disaster mitigation property.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.","summary":"Natural Disaster Mitigation Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable tax credit for 25 of their qualified natural disaster mitigation property expenditures, as defined by this Act, made in connection with the taxpayer's principal residence.","title":"To amend the Internal Revenue Code of 1986 to provide a credit against tax for natural disaster mitigation expenditures.","text_len":6345,"sum_len":292} {"bill_id":"103_s2400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Northern Yukon-Arctic International \nWildlife Refuge Act''.\n\nSEC. 2. ESTABLISHMENT OF INTERNATIONAL WILDLIFE REFUGE AREA.\n\n (a) Establishment.--\n (1) In general.--Effective as of the date the conditions \n described in subsection (b) are met, there is established an \n international wildlife refuge area to be known as the \n ``Northern Yukon-Arctic International Wildlife Refuge'', which \n shall include the entire Arctic National Wildlife Refuge \n administered under the National Wildlife Refuge System \n Administration Act of 1966 (16 U.S.C. 668dd et seq.).\n (2) Purposes of establishment.--The Northern Yukon-Arctic \n International Wildlife Refuge is established--\n (A) for the purpose of permanently commemorating \n the long-existing relationship of peace and good will \n between the people and Governments of Canada and the \n United States;\n (B) for the purpose of permanently protecting in an \n undisturbed condition the only remaining complete \n spectrum of Arctic ecosystems in North America;\n (C) in fulfillment of the serious responsibility of \n humans as stewards of the land, the resources of the \n land, and the life that depends on the land;\n (D) for the purpose of permanently protecting all \n wild bird resources native to North America that are in \n an unconfined state and that are protected under the \n Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), \n including--\n (i) ducks, geese, and swans of the family \n Anatidae;\n (ii) bird resources listed as threatened or \n endangered under the Endangered Species Act of \n 1973 (16 U.S.C. 1531 et seq.);\n (iii) birds that are nongame fish and \n wildlife (as defined in section 3(6) of the \n Fish and Wildlife Conservation Act of 1980 (16 \n U.S.C. 2902(6))); and\n (iv) wetlands listed as protected under the \n Convention on Wetlands of International \n Importance, Especially as Waterfowl Habitat, \n done at Ramsar on February 2, 1971 (TIAS \n 11084);\n (E) for the purpose of maintaining a commitment to \n the permanent protection of marine mammals, including--\n (i) seals, walruses, and whales, and the \n Beaufort Sea population of polar bears that are \n protected under the Agreement on the \n Conservation of Polar Bears, done at Oslo on \n November 15, 1973 (27 U.S.T. 3918); and\n (ii) mammals listed as threatened or \n endangered under the Endangered Species Act of \n 1973 (16 U.S.C. 1531 et seq.);\n (F) for the purpose of maintaining a commitment to \n the principles of caribou management as prescribed \n under the Agreement on the Conservation of the \n Porcupine Caribou Herd, signed at Ottawa on July 17, \n 1987 (TIAS 11259);\n (G) for the purpose of continued international \n cooperation and commitment to the protection of marine \n and anadromous fish species that inhabit the coastal \n waters of the Beaufort Sea, whose nearshore waters and \n brackish lagoon system provide for the fish--\n (i) eastward and westward migration routes;\n (ii) feeding areas; and\n (iii) important spawning and overwintering \n areas; and\n (H) for the purpose of continuing the opportunity, \n consistent with sound management principles, for \n subsistence uses by--\n (i) rural residents of Alaska, including \n Alaska Natives and other individuals, of public \n lands; and\n (ii) Alaska Natives of native lands that \n are essential to native physical, economic, \n traditional, and social existence;\n which uses should cause the least adverse impact \n practicable on other rural residents who depend on \n subsistence uses of the resources of the lands.\n (b) Conditions.--The establishment of the Northern Yukon-Arctic \nInternational Wildlife Refuge and the inclusion in the refuge of the \nArctic National Wildlife Refuge shall become effective upon--\n (1) the enactment by the proper authority of the Government \n of Canada of a provision similar to this Act concerning the \n Northern Yukon National Park in or near the Yukon Territory, \n Canada; and\n (2) the issuance of a proclamation by the President \n declaring that such an enactment by the Government of Canada \n has taken place.\n\nSEC. 3. ADMINISTRATION.\n\n For the purposes of administration and appropriations, the United \nStates portion of the Northern Yukon-Arctic International Wildlife \nRefuge shall continue to be administered under the National Wildlife \nRefuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.","summary":"Northern Yukon-Arctic International Wildlife Refuge Act - Establishes the Northern Yukon-Arctic International Wildlife Refuge. Declares that the United States portion of the Refuge shall be administered under the National Wildlife Refuge System Administration Act of 1966. Authorizes appropriations.","title":"Northern Yukon-Arctic International Wildlife Refuge Act","text_len":5969,"sum_len":299} {"bill_id":"108_hr2127","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayer Savings and Employee \nNotification Act of 2003''.\n\nSEC. 2. REPEAL TAX BENEFITS RELATING TO COMPANY-OWNED LIFE INSURANCE.\n\n (a) Inclusion of Life Insurance Investment Gains.--Section 72 of \nthe Internal Revenue Code of 1986 (relating to annuities; certain \nproceeds of endowment and life insurance contracts) is amended by \ninserting after subsection (j) the following new subsection:\n ``(k) Treatment of Nonqualified Company-Owned Life Insurance \nContracts.--\n ``(1) In general.--In the case of a nonqualified company-\n owned life insurance contract, the income on the contract (as \n determined under section 7702(g)) for any taxable year shall be \n includible in gross income for such year.\n ``(2) Nonqualified company-owned life insurance contract.--\n For the purposes of paragraph (1)--\n ``(A) In general.--The term `nonqualified company-\n owned life insurance contract' means any life insurance \n policy or endowment contract held by any entity engaged \n in a trade or business.\n ``(B) Exceptions.--Such term shall not include--\n ``(i) any policy or contract covering the \n life solely of individuals who are key persons \n (as defined in section 264(e)(3)),\n ``(ii) any contract which is acquired by \n the estate of a decedent by reason of the death \n of the decedent,\n ``(iii) any contract which is held under a \n plan described in section 401(a) or 403(a), \n under a program described in section 403(b), or \n under an individual retirement plan,\n ``(iv) any contract which is a qualified \n funding asset (as defined in section 130(d), \n but without regard to whether there is a \n qualified assignment), and\n ``(v) any contract which is purchased by an \n employer upon the termination of a plan \n described in section 401(a) or 403(a) and is \n held by the employer until all amounts under \n such contract are distributed to the employee \n for whom such contract was purchased or the \n employee's beneficiary.\n ``(C) Contracts held by natural persons, \n partnerships, and s corporations.--Rules similar to the \n rules of section 264(f)(5) shall apply.''.\n (b) Repeal of Exclusion for Death Benefits.--Section 101 of such \nCode (relating to certain death benefits) is amended by adding at the \nend the following new subsection:\n ``(j) Proceeds of Nonqualified Company-Owned Life Insurance.--\nNotwithstanding any other provision of this section, there shall be \nincluded in gross income amounts received under a nonqualified company-\nowned life insurance contract (as defined in section 72(k)) to the \nextent that such amounts exceed the sum of--\n ``(1) the income on the contract (as determined under \n section 7702(g)) which as been previously included in income, \n plus\n ``(2) the premiums paid (as defined in section 7702(f)(1)) \n under the contract.\nAmounts included in gross income under the preceding sentence shall be \nso included under section 72.''.\n (c) Information Reporting.--Section 6047 of such Code (relating to \ninformation relating to certain trusts and annuity plans) is amended by \nredesignating subsection (g) as subsection (h) and by inserting after \nsubsection (f) the following new subsection:\n ``(g) Nonqualified Company-Owned Life Insurance Contracts.--The \nSecretary shall require the issuer of nonqualified company-owned life \ninsurance contracts to make such returns and reports regarding such \ncontracts (as defined in section 72(k)) to the Secretary, beneficiaries \nof such contracts, and such other persons as the Secretary may \nprescribe.''.\n (d) Reduction in Public Debt.--The increase in Federal receipts in \nthe United States Treasury by reason of the amendments made by this \nsection shall be used solely for reduction of the public debt and for \nsuch purpose the Secretary of the Treasury shall deposit an amount \nequal to such receipts in the account established under section 3113 of \ntitle 31, United States Code.\n (e) Effective Date.--The amendments made by this section shall \napply to contracts entered into after the date of the enactment of this \nAct.\n\nSEC. 3. DISCLOSURE.\n\n (a) In General.--Not later than 60 days before the date of purchase \nof a nonqualified company-owned life insurance contract (as defined by \nsection 72(k) of the Internal Revenue Code of 1986) by an entity on one \nor more of its employees, the entity shall provide to each such \nemployee a written disclosure that shall contain the following \ninformation:\n (1) A statement that the company plans to purchase such \n contract on the life of the employee.\n (2) The identity of the insurance carrier with respect to \n such contract.\n (3) The amount of the benefit under such contract.\n (4) The name of the beneficiary under such contract.\n (b) Objection to Purchase of Contract.--If such employee notifies \nsuch entity in writing before the date of purchase of such contract \nthat the employee objects to the purchase, then the entity shall not \npurchase the contract.\n (c) Enforcement.--\n (1) Unfair or deceptive act or practice.--A violation of \n either subsection (a) or (b) shall be treated as a violation of \n a rule defining an unfair or deceptive act or practice \n prescribed under section 18(a)(1)(B) of the Federal Trade \n Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (2) Actions by the federal trade commission.--The Federal \n Trade Commission shall enforce this section in the same manner, \n by the same means, and with the same jurisdiction, powers, and \n duties as though all applicable terms and provisions of the \n Federal Trade Commission Act (15 U.S.C. 41 et seq.) were \n incorporated into and made a part of this Act.\n (d) Effective Date.--This section shall apply to contracts entered \ninto after the date of the enactment of this Act.\n\nSEC. 4. RULE OF CONSTRUCTION.\n\n Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to affect any case in controversy, or any investigation by \nthe Secretary of the Treasury, relating to any leveraged company-owned \nlife insurance contract entered into on or before the date of the \nenactment of this Act.","summary":"Taxpayer Savings and Employee Notification Act of 2003 - Amends the Internal Revenue Code to include in gross income from nonqualified company-owned life insurance contracts income and death benefits . States that violations of such provisions shall be treated as a violation of an unfair or deceptive act or practice under the Federal Trade Commission Act.","title":"To amend the Internal Revenue Code of 1986 to repeal tax benefits relating to company-owned life insurance.","text_len":6981,"sum_len":357} {"bill_id":"111_s189","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``National Trails System Willing Seller \nAct''.\n\nSEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN \n TRAILS.\n\n (a) Oregon National Historic Trail.--Section 5(a)(3) of the \nNational Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding \nat the end the following: ``No land or interest in land outside the \nexterior boundaries of any federally administered area may be acquired \nby the Federal Government for the trail except with the consent of the \nowner of the land or interest in land. The authority of the Federal \nGovernment to acquire fee title under this paragraph shall be limited \nto an average of not more than \\1\/4\\ mile on either side of the \ntrail.''.\n (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the \nNational Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding \nat the end the following: ``No land or interest in land outside the \nexterior boundaries of any federally administered area may be acquired \nby the Federal Government for the trail except with the consent of the \nowner of the land or interest in land. The authority of the Federal \nGovernment to acquire fee title under this paragraph shall be limited \nto an average of not more than \\1\/4\\ mile on either side of the \ntrail.''.\n (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of \nthe National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by \nadding at the end the following: ``No land or interest in land outside \nthe exterior boundaries of any federally administered area may be \nacquired by the Federal Government for the trail except with the \nconsent of the owner of the land or interest in land. The authority of \nthe Federal Government to acquire fee title under this paragraph shall \nbe limited to an average of not more than \\1\/4\\ mile on either side of \nthe trail.''.\n (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of \nthe National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by \nadding at the end the following: ``No land or interest in land outside \nthe exterior boundaries of any federally administered area may be \nacquired by the Federal Government for the trail except with the \nconsent of the owner of the land or interest in land. The authority of \nthe Federal Government to acquire fee title under this paragraph shall \nbe limited to an average of not more than \\1\/4\\ mile on either side of \nthe trail.''.\n (e) Iditarod National Historic Trail.--Section 5(a)(7) of the \nNational Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding \nat the end the following: ``No land or interest in land outside the \nexterior boundaries of any federally administered area may be acquired \nby the Federal Government for the trail except with the consent of the \nowner of the land or interest in land. The authority of the Federal \nGovernment to acquire fee title under this paragraph shall be limited \nto an average of not more than \\1\/4\\ mile on either side of the \ntrail.''.\n (f) North Country National Scenic Trail.--Section 5(a)(8) of the \nNational Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding \nat the end the following: ``No land or interest in land outside the \nexterior boundaries of any federally administered area may be acquired \nby the Federal Government for the trail except with the consent of the \nowner of the land or interest in land.''.\n (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the \nNational Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding \nat the end the following: ``No land or interest in land outside the \nexterior boundaries of any federally administered area may be acquired \nby the Federal Government for the trail except with the consent of the \nowner of the land or interest in land.''.\n (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of \nthe National Trails System Act (16 U.S.C. 1244(a)(11)) is amended--\n (1) by striking the fourth and fifth sentences; and\n (2) by adding at the end the following: ``No land or \n interest in land outside the exterior boundaries of any \n federally administered area may be acquired by the Federal \n Government for the trail except with the consent of the owner \n of the land or interest in land.''.\n (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the \nNational Trails System Act (16 U.S.C. 1244(a)(14)) is amended--\n (1) by striking the fourth and fifth sentences; and\n (2) by adding at the end the following: ``No land or \n interest in land outside the exterior boundaries of any \n federally administered area may be acquired by the Federal \n Government for the trail except with the consent of the owner \n of the land or interest in land. The authority of the Federal \n Government to acquire fee title under this paragraph shall be \n limited to an average of not more than \\1\/4\\ mile on either \n side of the trail.''.\n\nSEC. 3. CONFORMING AMENDMENT.\n\n Section 10 of the National Trails System Act (16 U.S.C. 1249) is \namended by striking subsection (c) and inserting the following:\n ``(c) Authorization of Appropriations.--\n ``(1) In general.--Except as otherwise provided in this \n Act, there are authorized to be appropriated such sums as are \n necessary to implement the provisions of this Act relating to \n the trails designated by section 5(a).\n ``(2) Natchez trace national scenic trail.--\n ``(A) In general.--With respect to the Natchez \n Trace National Scenic Trail (referred to in this \n paragraph as the `trail') designated by section \n 5(a)(12)--\n ``(i) not more than $500,000 shall be \n appropriated for the acquisition of land or \n interests in land for the trail; and\n ``(ii) not more than $2,000,000 shall be \n appropriated for the development of the trail.\n ``(B) Participation by volunteer trail groups.--The \n administering agency for the trail shall encourage \n volunteer trail groups to participate in the \n development of the trail.''.","summary":"National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the federal acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails. And (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail.","title":"A bill to amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.","text_len":6399,"sum_len":650} {"bill_id":"112_hr1162","text":"SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE.\n (a) Definitions.--In this section:\n (1) Map.--The term ``Map'' means the map entitled ``Olympic \n National Park and Quileute Reservation Boundary Adjustment Map'', \n numbered 149\/80,059, and dated June 2010.\n (2) Park.--The term ``Park'' means the Olympic National Park, \n located in the State of Washington.\n (3) Reservation.--The term ``Reservation'' means the Quileute \n Indian Reservation, located on the Olympic Peninsula in the State \n of Washington.\n (4) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n (5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe \n in the State of Washington.\n (b) Findings and Purpose.--\n (1) Findings.--Congress finds that--\n (A) the Reservation is located on the western coast of the \n Olympic Peninsula in the State of Washington, bordered by the \n Pacific Ocean to the west and the Park on the north, south, and \n east;\n (B) most of the Reservation village of La Push is located \n within the coastal flood plain, with the Tribe's administrative \n buildings, school, elder center, and housing all located in a \n tsunami zone;\n (C) for many decades, the Tribe and the Park have had a \n dispute over the Reservation boundaries along the Quillayute \n River;\n (D) in recent years, this dispute has intensified as the \n Tribe has faced an urgent need for additional lands for \n housing, schools, and other Tribe purposes outside the tsunami \n and Quillayute River flood zones; and\n (E) the lack of a settlement of this dispute threatens to \n adversely impact the public's existing and future recreational \n use of several attractions in the Park that are accessed by the \n public's use of Reservation lands.\n (2) Purposes.--The purposes of this Act are--\n (A) to resolve the longstanding dispute along portions of \n the northern boundary of the Quileute Indian Reservation;\n (B) to clarify public use and access to Olympic National \n Park lands that are contiguous to the Reservation;\n (C) to provide the Quileute Indian Tribe with approximately \n 275 acres of land currently located within the Park and \n approximately 510 acres of land along the Quillayute River, \n also within the Park;\n (D) to adjust the wilderness boundaries to provide the \n Quileute Indian Tribe Tsunami and flood protection; and\n (E) through the land conveyance, to grant the Tribe access \n to land outside of tsunami and Quillayute River flood zones, \n and link existing Reservation land with Tribe land to the east \n of the Park.\n (c) Redesignation of Federal Wilderness Land, Olympic National Park \nConveyance.--\n (1) Redesignation of wilderness.--Certain Federal land in the \n Park that was designated as part of the Olympic Wilderness under \n title I of the Washington Park Wilderness Act of 1988 (Public Law \n 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises \n approximately 222 acres, as generally depicted on the Map is hereby \n no longer designated as wilderness, and is no longer a component of \n the National Wilderness Preservation System under the Wilderness \n Act (16 U.S.C. 1131 et seq.).\n (2) Lands to be held in trust.--All right, title, and interest \n of the United States in and to the approximately 510 acres \n generally depicted on the Map as ``Northern Lands'', and the \n approximately 275 acres generally depicted on the Map as ``Southern \n Lands'', are declared to be held in trust by the United States for \n the benefit of the Tribe without any further action by the \n Secretary.\n (3) Boundary adjustment; survey.--The Secretary shall--\n (A) adjust the boundaries of Olympic Wilderness and the \n Park to reflect the change in status of Federal lands under \n paragraph (2); and\n (B) as soon as practicable after the date of enactment of \n this section, conduct a survey, defining the boundaries of the \n Reservation and Park, and of the Federal lands taken into and \n held in trust that are adjacent to the north and south bank of \n the Quillayute River as depicted on the Map as ``Northern \n Lands''.\n (4) Law applicable to certain land.--The land taken into trust \n under this subsection shall not be subject to any requirements for \n valuation, appraisal, or equalization under any Federal law.\n (d) Non-Federal Land Conveyance.--Upon completion and acceptance of \nan environmental hazard assessment, the Secretary shall take into trust \nfor the benefit of the Tribe certain non-Federal land owned by the \nTribe, consisting of approximately 184 acres, as depicted on the Map as \n``Eastern Lands'', such non-Federal land shall be designated as part of \nthe Reservation.\n (e) Map Requirements.--\n (1) Availability of initial map.--The Secretary shall make the \n Map available for public inspection in appropriate offices of the \n National Park Service. The Map shall also depict any non-Federal \n land currently owned by the Tribe which is being placed in trust \n under this section.\n (2) Revised map.--Not later than one year after the date of the \n land transaction in subsections (d) and (e), the Secretary shall \n submit to the Committee on Energy and Natural Resources of the \n Senate and Committee on Natural Resources of the House of \n Representatives a revised map that depicts--\n (A) the Federal and non-Federal land taken into trust under \n this section and the Second Beach Trail; and\n (B) the actual boundaries of the Park as modified by the \n land conveyance.\n (f) Jurisdiction.--The land conveyed to the Tribe by this section \nshall be designated as part of the Quileute Reservation and placed in \nthe following jurisdictions:\n (1) Trust land.--The same Federal, State, and Tribe \n jurisdiction as on all other trust lands within the Reservation, so \n long as the exercise of such jurisdiction does not conflict with \n the terms of the easement described in subsection (g) below.\n (2) Tribe jurisdiction.--Park visitors shall remain subject to \n the jurisdiction of the Tribe while on the Second Beach parking \n lot, on those portions of the Second Beach Trail on the \n Reservation, and Rialto Spit, to the same extent that such visitors \n are subject to the Tribe's jurisdiction elsewhere on the \n Reservation.\n (g) Grant of Easement in Connection With Land Conveyance.--\n (1) Easement required.--The conveyances under subsection (c)(2) \n shall be subject to the conditions described in this subsection.\n (2) Required rights under easement.--Any easement granted under \n this subsection must contain the following express terms:\n (A) No impact on existing rights.--An easement shall not \n limit the Tribe's treaty rights or other existing rights.\n (B) Retention of rights.--The Tribe retains the right to \n enforce its rules against visitors for disorderly conduct, drug \n and alcohol use, use or possession of firearms, and other \n disruptive behaviors.\n (C) Monitoring of easement conditions.--The Park has the \n right, with prior notice to the Tribe, to access lands conveyed \n to the Tribe for purposes of monitoring compliance with any \n easement made under this subsection.\n (3) Exemption for subsection (d) land.--The non-Federal land \n owned by the Tribe and being placed into trust by the Secretary in \n accordance with subsection (d) shall not be included in, or subject \n to, any easement or condition specified in this subsection.\n (4) Required terms and conditions.--The following specified \n land areas shall be subject to the following easement conditions:\n (A) Conditions on northern land.--Certain land that will be \n added to the northern boundary of the Reservation by the land \n conveyance, from Rialto Beach to the east line of Section 23, \n shall be subject to an easement, which shall contain the \n following requirements:\n (i) The Tribe may lease or encumber the land, \n consistent with their status as trust lands, provided that \n the Tribe expressly subjects the conveyance or authorized \n use to the terms of the easement.\n (ii) The Tribe may place temporary, seasonal camps on \n the land, but shall not place or construct commercial \n residential, industrial, or other permanent buildings or \n structures.\n (iii) Roads on the land on the date of enactment of \n this Act may be maintained or improved, but no major \n improvements or road construction may occur, and any road \n improvements, temporary camps, or other uses of these lands \n shall not interfere with its use as a natural wildlife \n corridor.\n (iv) The Tribe may authorize Tribe members and third \n parties to engage in recreational, ceremonial, or treaty \n uses of the land provided that the Tribe adopts and \n enforces regulations permanently prohibiting the use of \n firearms in the Thunder Field area, and any areas south of \n the Quillayute River as depicted on the Map.\n (v) The Tribe may exercise its sovereign right to fish \n and gather along the Quillayute River in the Thunder Field \n area.\n (vi) The Tribe may, consistent with any applicable \n Federal law, engage in activities reasonably related to the \n restoration and protection of the Quillayute River and its \n tributaries and streams, weed control, fish and wildlife \n habitat improvement, Quillayute River or streambank \n stabilization, and flood control. The Tribe and the Park \n shall conduct joint planning and coordination for \n Quillayute River restoration projects, including streambank \n stabilization and flood control.\n (vii) Park officials and visitors shall have access to \n engage in activities along and in the Quillayute River and \n Dickey River that are consistent with past recreational \n uses, and the Tribe shall allow the public to use and \n access the Dickey River, and Quillayute River along the \n north bank, regardless of future changes in the Quillayute \n River or Dickey River alignment.\n (viii) Park officials and visitors shall have access \n to, and shall be allowed to engage in, activities on Tribal \n lands at Rialto Spit that are consistent with past \n recreational uses, and the Tribe shall have access to Park \n lands at Rialto Beach so that the Tribe may access and use \n the jetty at Rialto Beach.\n (B) Conditions on second beach trail and access.--Certain \n Quileute Reservation land along the boundary between the Park \n and the southern portion of the Reservation, encompassing the \n Second Beach trailhead, parking area, and Second Beach Trail, \n shall be subject to a conservation and management easement, as \n well as any other necessary agreements, which shall implement \n the following provisions:\n (i) The Tribe shall allow Park officials and visitors \n to park motor vehicles at the Trail parking area existing \n on the date of enactment of this Act and to access the \n portion of the Trail located on Tribal lands, and the Park \n shall be responsible for the costs of maintaining existing \n parking access to the Trail.\n (ii) The Tribe shall grant Park officials and visitors \n the right to peacefully use and maintain the portion of the \n Trail that is on Tribal lands, and the Park shall be \n responsible for maintaining the Trail and shall seek \n advance written approval from the Tribe before undertaking \n any major Trail repairs.\n (iii) The Park officials and the Tribe shall conduct \n joint planning and coordination regarding any proposed \n relocation of the Second Beach trailhead, the parking lot, \n or other portions of the Trail.\n (iv) The Tribe shall avoid altering the forested \n landscape of the Tribe-owned headlands between First and \n Second Beach in a manner that would adversely impact or \n diminish the aesthetic and natural experience of users of \n the Trail.\n (v) The Tribe shall reserve the right to make \n improvements or undertake activities at the Second Beach \n headlands that are reasonably related to enhancing fish \n habitat, improving or maintaining the Tribe's hatchery \n program, or alterations that are reasonably related to the \n protection of the health and safety of Tribe members and \n the general public.\n (vi) The Park officials, after consultation with the \n Tribe, may remove hazardous or fallen trees on the Tribal-\n owned Second Beach headlands to the extent necessary to \n clear or safeguard the Trail, provided that such trees are \n not removed from Tribal lands.\n (vii) The Park officials and the Tribe shall negotiate \n an agreement for the design, location, construction, and \n maintenance of a gathering structure in the Second Beach \n headlands overlook for the benefit of Park visitors and the \n Tribe, if such a structure is proposed to be built.\n (C) Southern lands exempt.--All other land conveyed to the \n Tribe along the southern boundary of the Reservation under this \n section shall not be subject to any easements or conditions, \n and the natural conditions of such land may be altered to allow \n for the relocation of Tribe members and structures outside the \n tsunami and Quillayute River flood zones.\n (D) Protection of infrastructure.--Nothing in this Act is \n intended to require the modification of the parklands and \n resources adjacent to the transferred Federal lands. The Tribe \n shall be responsible for developing its lands in a manner that \n reasonably protects its property and facilities from adjacent \n parklands by locating buildings and facilities an adequate \n distance from parklands to prevent damage to these facilities \n from such threats as hazardous trees and wildfire.\n (h) Effect of Land Conveyance on Claims.--\n (1) Claims extinguished.--Upon the date of the land conveyances \n under subsections (d) and (e) and the placement of conveyed lands \n into trust for the benefit of the Tribe, any claims of the Tribe \n against the United States, the Secretary, or the Park relating to \n the Park's past or present ownership, entry, use, surveys, or other \n activities are deemed fully satisfied and extinguished upon a \n formal Tribal Council resolution, including claims related to the \n following:\n (A) Land along quillayute river.--The lands along the \n sections of the Quillayute River, starting east of the existing \n Rialto Beach parking lot to the east line of Section 22.\n (B) Second beach.--The portions of the Federal or Tribal \n lands near Second Beach.\n (C) Southern boundary portions.--Portions of the Federal or \n Tribal lands on the southern boundary of the Reservation.\n (2) Rialto beach.--Nothing in this section shall create or \n extinguish claims of the Tribe relating to Rialto Beach.\n (i) Gaming Prohibition.--No land taken into trust for the benefit \nof the Tribe under this Act shall be considered Indian lands for the \npurpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Removes certain federal land within Olympic National Park, Washington, that is designated as part of the Olympic Wilderness from inclusion in the National Wilderness Preservation System. Takes specified federal land within the Park into trust for the Quileute Indian Tribe. Requires the Secretary of the Interior to take specified nonfederal land owned by the Tribe into trust for the Tribe, upon completion and acceptance of an environmental hazard assessment. Includes those lands taken into trust for the Tribe in the Quileute Indian Reservation. Subjects portions of the federal land conveyed to the Tribe to easements and conditions that preserve the natural condition of the land and provide the public with recreational access to the land and Park. Exempts land conveyed to the Tribe along the southern boundary of the Reservation from any easements or conditions. Allows that land to be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. Extinguishes the Tribe's claims against the United States relating to the Park's past or present ownership, entry, use, surveys, or other activities upon the taking of the lands into trust for the Tribe and a formal Tribal Council resolution. Prohibits gaming on lands taken into trust for the Tribe pursuant to this Act.","title":"To provide the Quileute Indian Tribe Tsunami and Flood Protection, and for other purposes.","text_len":16786,"sum_len":1338} {"bill_id":"103_hr538","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be cited as the ``Classroom Safety Act of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds that--\n (1) the violence within elementary and secondary schools \n across the Nation has increased dramatically during the past \n decade;\n (2) the despair, brought about by poverty and \n disenfranchisement, that affect millions of youth in cities \n across the Nation is entering schools;\n (3) almost 3,000,000 crimes occur on or near school \n campuses every year, 16,000 per school day or one every 6 \n seconds;\n (4) one fourth of major urban school districts now use \n metal detectors;\n (5) 20 percent of teachers in schools have reported being \n threatened with violence by a student;\n (6) greater efforts are needed for counseling and training \n for teachers in potentially hostile school environments to \n avert violence in schools;\n (7) schools are being asked to take on too many \n responsibilities that society as a whole has neglected forcing \n teachers to referee fights rather than teach;\n (8) teachers' unions are staging walk-outs to protest the \n violence which denies interested students the opportunity to \n learn;\n (9) local educational agencies and cities are already \n financially devastated and need an infusion of Federal funds to \n help fight violence in schools; and\n (10) local educational agencies should not have to withdraw \n funds and resources intended for books, computers, and \n teachers, to help pay for an increased need for safety \n mechanisms in schools.\n (b) Purposes.--The purpose of this Act is to provide assistance to \nlocal educational agencies for the prevention and reduction of violent \ncrime in schools throughout the Nation.\n\nSEC. 3. GRANT AUTHORIZATION.\n\n (a) In General.--The Secretary of Education is authorized to make \ngrants to local educational agencies to provide assistance to such \nagencies most directly affected by crime and violence.\n (b) Model Project.--The Secretary shall develop a model for \nclassroom safety written in English and Spanish in a timely fashion and \nmake such model available to any local educational agency that requests \nsuch information.\n\nSEC. 4. USE OF FUNDS.\n\n Grants made by the Secretary under this Act shall be used--\n (1) to fund anticrime and safety measures and to develop \n education and training programs for the prevention of crime, \n violence, and illegal use of drugs and alcohol;\n (2) for counseling programs for victims and witnesses of \n crime in schools;\n (3) to develop programs for conflict resolution and peer \n mediation counseling for students, teachers, and other \n personnel in regular contact with students at school;\n (4) to purchase crime prevention equipment, including metal \n detectors and video-surveillance devices; and\n (5) for the prevention and reduction of the participation \n of students in organized crime and drug and gang-related \n activities in schools.\n\nSEC. 5. APPLICATIONS.\n\n (a) In General.--In order to be eligible to receive a grant under \nthis Act for any fiscal year, a local educational agency shall submit \nan application to the Secretary in such form and containing such \ninformation as the Secretary may reasonably require.\n (b) Requirements.--Each application under subsection (a) shall \ninclude--\n (1) a request for funds for the purposes described in \n section 4;\n (2) a description of the schools and communities to be \n served by the grant, including the nature of the crime and \n violence problems within such schools;\n (3) assurances that Federal funds received under this Act \n shall be used to supplement, not supplant, non-Federal funds \n that would otherwise be available for activities funded under \n this Act; and\n (4) statistical information in such form and containing \n such information that the Secretary may require regarding crime \n within the schools served by such local educational agency.\n (c) Comprehensive Plan.--Each application shall include a \ncomprehensive plan that shall contain--\n (1) a description of the crime problems within the schools \n targeted for assistance;\n (2) a description of the projects to be developed;\n (3) a description of the resources available in the \n community to implement the plan together with a description of \n the gaps in the plan that cannot be filled with existing \n resources;\n (4) an explanation of how the requested grant will be used \n to fill gaps;\n (5) a description of the system the applicant will \n establish to prevent and reduce crime problems; and\n (6) a description of educational materials to be developed \n in Spanish.\n\nSEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.\n\n (a) Administrative Cost Limitation.--The Secretary shall use not \nmore than 5 percent of the funds available under this Act for the \npurposes of administration and technical assistance.\n (b) Renewal of Grants.--A grant under this Act may be renewed for \nup to 2 additional years after the first fiscal year during which the \nrecipient receives an initial grant under this Act, subject to the \navailability of funds, if--\n (1) the Secretary determines that the funds made available \n to the recipient during the previous year were used in a manner \n required under the approved application; and\n (2) the Secretary determines that an additional grant is \n necessary to implement the crime prevention program described \n in the comprehensive plan as required by section 5(c).\n\nSEC. 7. AWARD OF GRANTS.\n\n (a) Selection of Recipients.--The Secretary shall consider the \nfollowing factors in awarding grants to local educational agencies:\n (1) Crime problem.--The nature and scope of the crime \n problem in the targeted schools.\n (2) Need and ability.--Demonstrated need and evidence of \n the ability to provide the services described in the plan \n required under section 5(c).\n (3) Population.--The number of students to be served by the \n plan required under section 5(c).\n (b) Geographic Distribution.--The Secretary shall attempt, to the \nextent practicable, to achieve an equitable geographic distribution of \ngrant awards.\n\nSEC. 8. REPORTS.\n\n (a) Report.--Local educational agencies that receive funds under \nthis Act shall submit to the Secretary a report not later than March 1 \nof each year that describes progress achieved in carrying out the plan \nrequired under section 5(c).\n (b) Report to Congress.--The Secretary shall submit to the Congress \na report by October 1 of each year in which grants are made available \nunder this Act which shall contain a detailed statement regarding grant \nawards, activities of grant recipients, a compilation of statistical \ninformation submitted by applicants under 5(b)(4), and an evaluation of \nprograms established under this Act.\n\nSEC. 9. DEFINITIONS.\n\n For the purpose of this Act:\n (1) The term `local educational agency' has the same \n meaning given such term under section 1471(12) of the \n Elementary and Secondary Education Act of 1965.\n (2) The term `Secretary' means the Secretary of Education.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $100,000,000 for fiscal \nyear 1993 and such sums as may be necessary for each of the fiscal \nyears 1994 through 1999 to carry out the projects under this Act.","summary":"Classroom Safety Act of 1993 - Authorizes the Secretary of Education to make grants to assist local educational agencies (LEAs) in reducing and preventing violent crime in elementary and secondary schools. Directs the Secretary to develop a model for classroom safety written in English and Spanish and make it available to any LEA upon request. Requires the grants to be used for programs of: (1) anticrime and safety measures, and prevention education and training, (2) counseling for victims and witnesses, (3) conflict resolution and peer mediation, (4) purchasing crime prevention equipment. And (5) preventing and reducing student participation in organized crime and drug and gang-related activities in schools. Requires grant applications to include comprehensive plans. Bases selection of recipients upon crime problem, need and ability, and student population . Requires annual reports. Authorizes appropriations.","title":"Classroom Safety Act of 1993","text_len":8002,"sum_len":923} {"bill_id":"110_hr6159","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deafy Glade Land Exchange Act''.\n\nSEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.\n\n (a) Land Exchange Required.--If Solano County, California (in this \nsection referred to as the ``County'') conveys to the Secretary of \nAgriculture all right, title, and interest of the County in and to four \nparcels of land consisting of a total of approximately 160 acres \nidentified on the map entitled ``Fouts Springs-Deafy Glade Federal and \nNon-Federal Lands'' and dated July 17, 2008, the Secretary shall convey \nto the County, in exchange, all right, title, and interest of the \nUnited States in and to the parcel of land in the Mendocino National \nForest in the State of California (including any improvements on the \nland) comprising approximately 82 acres and known as the Fouts Springs \nRanch, as also depicted on the map.\n (b) Availability of Map.--The map referred to in subsection (a) \nshall be on file and available for public inspection in the Office of \nthe Chief of the Forest Service. With the agreement of the County, the \nSecretary may make technical corrections to the map and the legal \ndescriptions of the land to be exchanged under this section.\n (c) Land Exchange Process.--Section 206 of the Federal Land Policy \nand Management Act of 1976 (43 U.S.C. 1716) shall apply to the land \nexchange under this section.\n (d) Survey and Administrative Costs.--The exact acreage and legal \ndescription of the land to be exchanged under subsection (a) shall be \ndetermined by a survey satisfactory to the Secretary. The costs of the \nsurvey and any administrative costs related to the land exchange shall \nbe borne by the County.\n (e) Condition on Use of Conveyed Land.--As a condition of the \nconveyance to the County under subsection (a), the County shall agree \nto continue to use the land acquired by the County under such \nsubsection for purposes consistent with the purposes listed in the \nspecial use authorization for the Fouts Springs Ranch in effect as of \nthe date of the enactment of this Act.\n (f) Easement Authority.--The Secretary may grant an easement to \nprovide continued access to, and maintenance and use of, the facilities \ncovered by the special use authorization referred to in subsection (e) \nas necessary for the continued operation of the Fouts Springs Ranch \nconveyed under subsection (a).\n (g) Management of Acquired Land.--The lands acquired by the \nSecretary under subsection (a) shall be added to and administered as \npart of the Mendocino National Forest and managed in accordance with \nthe Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. \n480 et seq.) and the laws and regulations applicable to the National \nForest System.\n (h) Additional Terms and Conditions.--The land exchange under \nsubsection (a) shall be subject to such additional terms and conditions \nas the Secretary and the County may agree upon.\n\nSEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.\n\n (a) In General.--The Secretary of Commerce may sell or exchange to \nthe City of Norfolk, Virginia, in accordance with chapter 13 of title \n40, United States Code, real property under the administrative \njurisdiction of the National Oceanic and Atmospheric Administration (in \nthis section referred to as ``NOAA''), including land and improvements \nthereon, located at 538 Front Street, Norfolk, Virginia, consisting of \napproximately 3.78 acres, if the Secretary--\n (1) determines that the conveyance is in the best interests \n of NOAA and the Federal Government; and\n (2) has provided prior notification to the Committee on \n Natural Resources and the Committee on Appropriations of the \n House of Representatives and the Committee on Commerce, \n Science, and Transportation and the Committee on Appropriations \n of the Senate.\n (b) Consideration.--\n (1) In general.--For any conveyance under this section the \n Secretary shall require the City of Norfolk to provide \n consideration to the United States that is not less than the \n fair market value of the property conveyed by the United \n States.\n (2) Form.--Consideration under this subsection may include \n any combination of--\n (A) cash or cash equivalents;\n (B) other property (either real or personal); and\n (C) consideration in-kind, including--\n (i) provision of space, goods, or services \n of benefit to NOAA including construction, \n repair, remodeling, or other physical \n improvements of NOAA property;\n (ii) maintenance of NOAA property;\n (iii) provision of office, storage, or \n other useable space; or\n (iv) relocation services associated with \n conveyance of property under this section.\n (3) Determination of fair market value.--The Secretary \n shall determine fair market value for purposes of paragraph (1) \n based upon a highest- and best-use appraisal of the property \n conveyed under subsection (a) conducted in conformance with the \n Uniform Appraisal Standards for Professional Appraisal \n Practice.\n (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) \nby the United States as proceeds of any conveyance under this section \nshall be available to the Secretary, subject to appropriation, for--\n (1) activities related to the operations of, or capital \n improvements, to NOAA property; or\n (2) relocation and other costs associated with the sale or \n exchange.\n (d) Additional Terms and Conditions.--The Secretary may require \nsuch additional terms and conditions in connection with the conveyance \nof property by the United States under subsection (a) as the Secretary \nconsiders appropriate to protect the interest of the United States, \nincluding the recoupment of any profit the City of Norfolk may realize \nwithin three years after the date of conveyance to the City due to \nresale of the property\n (e) Termination.--The authority granted to the Secretary under \nsubsections (a) and (b) shall terminate at the end of the 24-month \nperiod beginning on the date of enactment of this Act if no contract \nfor sale or exchange under subsection (a) has been entered into by the \nCity of Norfolk and the United States.\n\n Passed the House of Representatives September 22, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Deafy Glade Land Exchange Act - Directs the Secretary of Agriculture to convey to Solano County, California, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest comprising approximately 82 acres and known as the Fouts Springs Ranch, as depicted on the map entitled Fouts Springs-Deafy Glade Federal and Non-Federal Lands and dated July 17, 2008, if the county conveys to the Secretary all right, title, and interest of the county in and to four parcels of land consisting of approximately 160 acres identified on such map. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government. And (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property. Or (2) relocation and other costs associated with the sale or exchange.","title":"To provide for a land exchange involving certain National Forest System lands in the Mendocino National Forest in the State of California, and for other purposes.","text_len":6848,"sum_len":1291} {"bill_id":"104_hr1508","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Children's Island Act of \n1995''.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act:\n (1) The term ``plat'' means the plat filed in the Office of the \n Surveyor of the District of Columbia under S.O. 92-252.\n (2) The term ``District'' means the District of Columbia.\n (3) The term ``Islands'' means Heritage Island and all of that \n portion of Kingman Island located south of Benning Road and within \n the District of Columbia and the Anacostia River, being a portion \n of United States Reservation 343, Section F, as specified and \n legally described on the Survey.\n (4) The term ``National Children's Island'' means a cultural, \n educational, and family-oriented recreation park, together with a \n children's playground, to be developed and operated in accordance \n with the Children's Island Development Plan Act of 1993, D.C. Act \n 10-110.\n (5) The term ``playground'' means the children's playground \n that is part of National Children's Island and includes all lands \n on the Islands located south of East Capitol Street.\n (6) The term ``recreation park'' means the cultural, \n educational, and family-oriented recreation park that is part of \n National Children's Island.\n (7) The term ``Secretary'' means the Secretary of the Interior.\n (8) The term ``Survey'' means the ALTA\/ACSM Land Title Survey \n prepared by Dewberry & Davis and dated February 12, 1994.\n\nSEC. 3. PROPERTY TRANSFER.\n\n (a) Transfer of Title.--In order to facilitate the construction, \ndevelopment, and operation of National Children's Island, the Secretary \nshall, not later than six months after the date of enactment of this \nAct and subject to this Act, transfer by quitclaim deed, without \nconsideration, to the District all right, title, and interest of the \nUnited States in and to the Islands. Unbudgeted actual costs incurred \nby the Secretary for such transfer shall be borne by the District. The \nDistrict may seek reimbursement from any third party for such costs.\n (b) Grant of Easements.--(1) The Secretary shall, not later than \nsix months after the date of enactment of this Act, grant, without \nconsideration, to the District, permanent easements across the \nwaterways and bed of the Anacostia River as described in the Survey as \nLeased Riverbed Areas A, B, C, and D, and across the shoreline of the \nAnacostia River as depicted on the plat map recorded in the Office of \nthe Surveyor of the District as S.O. 92-252.\n (2) Easements granted under paragraph (1) shall run with the land \nand shall be for the purposes of--\n (A) constructing, reconstructing, maintaining, operating, and \n otherwise using only such bridges, roads, and other improvements as \n are necessary or desirable for vehicular and pedestrian egress and \n ingress to and from the Islands and which satisfy the District \n Building Code and applicable safety requirements;\n (B) installing, reinstalling, maintaining, and operating \n utility transmission corridors, including (but not limited to) all \n necessary electricity, water, sewer, gas, necessary or desirable \n for the construction, reconstruction, maintenance, and operation of \n the Islands and any and all improvements located thereon from time \n to time; and\n (C) constructing, reconstructing, maintaining, operating, and \n otherwise providing necessary informational kiosk, ticketing booth, \n and security for the Islands.\n (3) Easements granted under paragraph (1) shall be assignable by \nthe District to any lessee, sublessee, or operator, or any combination \nthereof, of the Islands.\n (c) Development.--The development of National Children's Island \nshall proceed as specified in paragraph 3 of the legend on the plat or \nas otherwise authorized by the District by agreement, lease, \nresolution, appropriate executive action, or otherwise.\n (d) Reversion.--(1) The transfer under subsection (a) and the grant \nof easements under subsection (b) shall be subject to the condition \nthat the Islands only be used for the purposes of National Children's \nIsland. Title in the property transferred under subsection (a) and the \neasements granted under subsection (b), shall revert to the United \nStates 60 days after the date on which the Secretary provides written \nnotice of the reversion to the District based on the Secretary's \ndetermination, which shall be made in accordance with chapter 5 of \ntitle 5, United States Code (relating to administrative procedures), \nthat one of the following has occurred:\n (A) Failure to commence improvements in the recreational park \n within the earlier of--\n (i) three years after building permits are obtained for \n construction of such improvements; or\n (ii) four years after title has been transferred, as \n provided in subsection (a).\n (B) Failure to commence operation of the recreation park within \n the earlier of--\n (i) five years after building permits are obtained for \n construction of such improvements; or\n (ii) seven years after title has been transferred, as \n provided in subsection (a).\n (C) After completion of construction and commencement of \n operation, the abandonment or non-use of the recreation park for a \n period of two years.\n (D) After completion of construction and commencement of \n operation, conversion of the Islands to a use other than that \n specified in this Act or conversion to a parking use not in \n accordance with section 4(b).\n (2) The periods referred to in paragraph (1) shall be extended \nduring the pendency of any lawsuit which seeks to enjoin the \ndevelopment or operation of National Children's Island or the \nadministrative process leading to such development or operation.\n (3) Following any reconveyance or reversion to the National Park \nService, any and all claims and judgments arising during the period the \nDistrict holds title to the Islands, the playground, and premises shall \nremain the responsibility of the District, and such reconveyance or \nreversion shall extinguish any and all leases, rights or privileges to \nthe Islands and the playground granted by the District.\n (4) The District shall require any nongovernmental entity \nauthorized to construct, develop, and operate National Children's \nIsland to establish an escrow fund, post a surety bond, provide a \nletter of credit or otherwise provide such security for the benefit of \nthe National Park Service, substantially equivalent to that specified \nin paragraph 11 of the legend on the plat, to serve as the sole source \nof funding for restoration of the recreation park to a condition \nsuitable for National Park Service purposes (namely, the removal of all \nbuildings and grading, seeding and landscaping of the recreation park) \nupon reversion of the property. If, on the date which is two years from \nthe date of reversion of the property, the National Park Service has \nnot commenced restoration or is not diligently proceeding with such \nrestoration, any amount in the escrow fund shall be distributed to such \nnongovernmental entity.\n\nSEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED.\n\n (a) Playground.--Operation of the recreation park may only commence \nsimultaneously with or subsequent to improvement and opening of a \nchildren's playground at National Children's Island that is available \nto the public free of charge. The playground shall only include those \nimprovements traditionally or ordinarily included in a publicly \nmaintained children's playground. Operation of the recreation park is \nat all times dependent on the continued maintenance of the children's \nplayground.\n (b) Public Parking.--Public parking on the Islands is prohibited, \nexcept for handicapped parking, emergency and government vehicles, and \nparking related to constructing, and servicing National Children's \nIsland.\n (c) Required Approvals.--Before construction commences, the final \ndesign plans for the recreation park and playground, and all related \nstructures, including bridges and roads, are subject to the review and \napproval of the National Capital Planning Commission and of the \nDistrict of Columbia in accordance with the Children's Island \nDevelopment Plan Act of 1993 (D.C. Act 10-110). The District of \nColumbia shall carry out its review of this project in full compliance \nwith all applicable provisions of the National Environmental Policy Act \nof 1969.\n\nSEC. 5. EFFECT OF PROPERTY TRANSFER.\n\n (a) Effect of Property Transfer.--Upon the transfer of the Islands \nto the District pursuant to this Act:\n (1) The Transfer of Jurisdiction concerning the Islands from \n the National Park Service to the District dated February 1993, as \n set out on the plat map recorded in the Office of the Surveyor of \n the District as S.O. 92-252 and as approved by the Council of the \n District by Resolution 10-91, shall become null and void and of no \n further force and effect, except for the references in this Act to \n paragraphs 3 and 11 of the legend on the plat.\n (2) The Islands shall no longer be considered to be part of \n Anacostia Park and shall not be considered to be within the park \n system of the District; therefore, the provisions of section 2 of \n the Act entitled ``An Act to vest in the Commissioners of the \n District of Columbia control of street parking in said District'', \n approved July 1, 1898 (ch. 543, 30 Stat. 570; D.C. Code 8-104), \n shall not apply to the Islands, and the District shall have \n exclusive charge and control over the Islands and easements \n transferred.\n (3) The Islands shall cease to be a reservation, park, or \n public grounds of the United States for the purposes of the Act of \n August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. \n Code).\n (b) Use of Certain Lands for Parking and Other Purposes.--\nNotwithstanding any other provision of law, the District is hereby \nauthorized to grant via appropriate instrument to a nongovernmental \nindividual or entity any and all of its rights to use the lands \ncurrently being leased by the United States to the District pursuant to \nthe District of Columbia Stadium Act of 1957 (Public Law 85-300, \nSeptember 7, 1957, 71 Stat. 619) for parking facilities (and necessary \ninformational kiosk, ticketing booth, and security) as the Mayor of the \nDistrict in his discretion may determine necessary or appropriate in \nconnection with or in support of National Children's Island.\n\nSEC. 6. SAVINGS PROVISIONS.\n\n No provision of this Act shall be construed--\n (1) as an express or implied endorsement or approval by the \n Congress of any such construction, development, or operation of \n National Children's Island;\n (2) except as provided in section 5, to exempt the recreational \n park and playground from the laws of the United States or the \n District, including laws relating to the environment, health, and \n safety; or\n (3) to prevent additional conditions on the National Children's \n Island development or operation to mitigate adverse impacts on \n adjacent residential neighborhoods and park lands and the Anacostia \n River.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"National Children's Island Act of 1995 - Requires the Secretary of the Interior: (1) in order to facilitate construction, development, and operation of National Children's Island, to transfer to the District of Columbia Heritage Island and all of that portion of the Kingman Island located south of Benning Road and within the District and the Anacostia River. And (2) to grant to the District permanent easements to such property for use by the District for roads and bridges , utility transmission corridors, and an informational kiosk, a ticketing booth, and security for the Islands. Allows the District to assign the easements to any operator of the Islands. Requires unbudgeted actual costs incurred by the Secretary for the transfer to be borne by the District. Authorizes the District to seek reimbursement from any third party for such costs. Requires the development of National Children's Island to proceed as authorized. Subjects the transfer and easements to the condition that the Islands be used only for the purposes of the National Children's Island and provides for reversion to the United States if improvements and operations are not commenced within specified periods, if the recreation area is abandoned or not used for a specified period, or if the Islands are converted to another use. Requires the District to direct any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit, or otherwise provide such security for the benefit of the Service to serve as the sole source of funding for restoration of the park to a condition suitable for Service purposes upon reversion of the property. Requires any amount in the escrow fund to be distributed to such entity if, after two years from the date of reversion of the property, the Service has not commenced, or is not diligently proceeding with, such restoration. Provides that operation of the park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at the National Children's Island that is available to the public free of charge. Prohibits public parking on the Islands except for handicapped parking, emergency and governmental vehicles, and parking related to constructing and servicing the National Children's Island. Subjects the final design plans for the park and playground to the review and approval of the National Capital Planning Commission and the District. Provides that: (1) the transfer of jurisdiction concerning the Islands from the National Park Service to the District as approved by the Council of the District shall become null and void and of no further force and effect. (2) the Islands shall no longer be considered to be part of Anacostia Park or to be within the District's park system. And (3) the District shall have exclusive charge and control over the Islands and easements. Authorizes the District to grant to a nongovernmental individual or entity a right to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 for parking facilities as the Mayor of the District may determine necessary or appropriate in connection with or in support of National Children's Island.","title":"National Children's Island Act of 1995","text_len":11666,"sum_len":3323} {"bill_id":"113_s2658","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accelerating Biomedical Research \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The National Institutes of Health (referred to in this \n section as the ``NIH'') is the leading biomedical research \n entity in the world. It supports researchers in every State as \n they discover treatments and cures to prevent and reduce human \n suffering. Thanks in large part to NIH-funded medical research, \n Americans today are living longer and healthier. Life \n expectancy in the United States has jumped from 47 years in \n 1900 to 78 years in 2009, and disability in people over age 65 \n has dropped dramatically in the past 3 decades.\n (2) Over the past 40 years, NIH-supported research \n contributed to the discovery of 153 new Food and Drug \n Administration-approved drugs, vaccines, or new indications for \n current drugs.\n (3) The application success rate is now at an all-time low. \n From 1980 to 2003, the last year of the doubling, the grant \n application success rate ranged between 25 and 35 percent. By \n 2013, the grant success rate had fallen to 16.8 percent.\n (4) Recent Federal funding cuts threaten to diminish United \n States leadership in the world. The international community has \n recognized the role biomedical research plays in generating \n economic growth. England, China, Brazil, South Korea, India, \n Singapore, Germany, France and Japan are increasing their \n investment, despite the worldwide recession. Only the United \n States has decreased its investment, from 0.215 percent of \n Gross Domestic Product in 2003 (the last year of the doubling) \n to 0.174 percent in 2013. In 8 years, if current trends \n continue, China will surpass the United States in total \n government biomedical research investment.\n (5) NIH is vital to the United States economy. In fiscal \n year 2012, the NIH extramural program supported around 50,000 \n competitive research grants and 300,000 scientists and research \n personnel at more than 2,500 universities, medical schools, and \n other research institutions across our 50 States.\n (6) Economists have estimated the return on each dollar of \n investment in NIH to generate anywhere from $1.80 to $3.20 in \n economic output. The Federal investment of $3,800,000,000 in \n the Human Genome Project from 1988 to 2003 helped drive \n $796,000,000,000 in economic output, which is a return of $141 \n for every $1 invested.\n (7) In 2013, sales of products built around licensed NIH \n and Food and Drug Administration inventions included 358 \n licensees reporting a total of $7,000,000,000 in sales.\n (8) The historic doubling of Federal funding for the \n National Institutes of Health ended in fiscal year 2003. Since \n that time, NIH appropriations have not kept up with biomedical \n inflation. NIH has lost more than 20 percent of its purchasing \n power for medical research since 2003.\n (9) If NIH had kept up with biomedical inflation, NIH's \n appropriation would have totaled $37,000,000,000 in 2013, \n instead of the $28,900,000,000 that was actually appropriated, \n a loss of $8,100,000,000 or 28 percent. To restore funding to \n the 2003 post-doubling level would require Congress to \n appropriate $46,500,000,000 in fiscal year 2021, the final year \n of the Budget Control Act of 2011 (Public Law 112-25).\n (10) High health care costs from a variety of common \n conditions threaten Federal, State, and local budgets, as well \n as the budgets of American families. Recent estimates indicate \n that the economic costs of Alzheimer's disease is over \n $200,000,000,000 each year but will rise to over \n $1,000,000,000,000 by 2050 unless a prevention or cure is \n found. In 2006, economists found that a future 1 percent \n reduction in mortality rates from cancer would save \n $500,000,000,000 to current and future Americans. A cure for \n cancer was estimated to save $50,000,000,000,000 to Americans, \n more than 3 times the gross domestic product of the United \n States in 2012. The Centers for Disease Control and Prevention \n reports that annual costs from undiagnosed diabetes was \n $245,000,000,000 each year. And a recent study projects that by \n 2030, nearly 44 percent of the United States population will \n face some form of cardiovascular disease costing a total of \n $1,208,000,000,000 between 2012 and 2030.\n (11) Budget cap adjustments are how Congress traditionally \n prioritizes areas of spending that produce economic growth and \n reduce costs that contribute to the Federal debt.\n\nSEC. 3. CAP ADJUSTMENT.\n\n Section 251(b)(2) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 (2 U.S.C. 901(b)(2)) is amended--\n (1) by redesignating subparagraph (D) as subparagraph (E); \n and\n (2) by inserting after subparagraph (C), the following:\n ``(D) National institutes of health.--\n ``(i) In general.--If a bill or joint \n resolution making appropriations for a fiscal \n year is enacted that specifies amounts for the \n National Institutes of Health at the Department \n of Health and Human Services (75-9915-1-1-552), \n then the adjustments for that fiscal year shall \n be the amount of additional new budget \n authority provided in that Act for such \n programs for that fiscal year, but shall not \n exceed--\n ``(I) for fiscal year 2015, \n $3,000,000,000 in additional new budget \n authority;\n ``(II) for fiscal year 2016, \n $6,300,000,000 in additional new budget \n authority;\n ``(III) for fiscal year 2017, \n $8,100,000,000 in additional new budget \n authority;\n ``(IV) for fiscal year 2018, \n $10,000,000,000 in additional new \n budget authority;\n ``(V) for fiscal year 2019, \n $12,000,000,000 in additional new \n budget authority;\n ``(VI) for fiscal year 2020, \n $14,100,000,000 in additional new \n budget authority; and\n ``(VII) for fiscal year 2021, \n $16,300,000,000 in additional new \n budget authority.\n ``(ii) Definitions.--As used in this \n subparagraph:\n ``(I) Additional new budget \n authority.--The term `additional new \n budget authority' means the amount \n provided for a fiscal year, in excess \n of $29,926,104,000, in an appropriation \n Act and specified to support the \n National Institutes of Health.\n ``(II) National institutes of \n health.--The term `National Institutes \n of Health' means the appropriations \n accounts that support the various \n institutes, offices, and centers that \n make up the National Institutes of \n Health.''.","summary":"Accelerating Biomedical Research Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2015-FY2021 to accommodate increases in appropriations to the National Institutes of Health (NIH) at the Department of Health and Human Services (HHS).","title":"Accelerating Biomedical Research Act","text_len":8434,"sum_len":328} {"bill_id":"113_hr4485","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Furthering Accountability and \nIndividual Rights within the Military Act of 2014'' or the ``Fair \nMilitary Act''.\n\nSEC. 2. APPRAISALS OF MEMBERS OF THE ARMED FORCES REGARDING COMPLIANCE \n WITH SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAMS.\n\n The Secretary of a military department shall each ensure that the \nwritten performance appraisals of each member of the Armed Forces \n(whether an officer or enlisted member) under the jurisdiction of that \nSecretary include an assessment of the extent to which the member \nsupports the sexual assault prevention and response program of the \nArmed Force concerned.\n\nSEC. 3. PERFORMANCE APPRAISALS OF COMMANDING OFFICERS REGARDING COMMAND \n CLIMATE.\n\n The Secretary of a military department shall each ensure that the \nperformance appraisals of each commanding officer under the \njurisdiction of that Secretary indicate the extent to which the \ncommanding officer has or has not established a command climate in \nwhich--\n (1) allegations of sexual assault are properly managed and \n fairly evaluated; and\n (2) a victim can report criminal activity, including sexual \n assault, without fear of retaliation, including ostracism and \n group pressure from other members of the command.\n\nSEC. 4. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO \n ADMISSIBILITY OF GENERAL MILITARY CHARACTER TOWARD \n PROBABILITY OF INNOCENCE.\n\n (a) Modification Required.--Not later than 180 days after the date \nof the enactment of this Act, Rule 404(a) of the Military Rules of \nEvidence shall be modified to clarify that, except as provided by \nsubsection (b), the general military character of an accused is not \nadmissible for the purpose of showing the probability of innocence of \nthe accused.\n (b) Exception.--Evidence of a trait of the military character of an \naccused may be offered in evidence by the accused when that trait is \nrelevant to an element of an offense for which the accused has been \ncharged.\n\nSEC. 5. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND \n RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE \n ACADEMIES.\n\n (a) Military Service Academies.--The Secretary of the military \ndepartment concerned shall ensure that the provisions of title XVII of \nthe National Defense Authorization Act for Fiscal Year 2014 (Public Law \n113-66) and this Act apply to the United States Military Academy, the \nNaval Academy, and the Air Force Academy in the same manner and to the \nsame extent as such title and this Act apply to an Armed Force under \nthe jurisdiction of that Secretary.\n (b) Coast Guard Academy.--The Secretary of the Department in which \nthe Coast Guard is operating shall ensure that the provisions of title \nXVII of the National Defense Authorization Act for Fiscal Year 2014 \n(Public Law 113-66) and this Act apply to the Coast Guard Academy in \nthe same manner and to the same extent as such title and this Act apply \nto the Coast Guard.\n\nSEC. 6. JUDICIAL PROCEEDINGS PANEL ASSESSMENT OF USE OF MENTAL HEALTH \n RECORDS BY DEFENSE DURING PRELIMINARY HEARING AND COURT-\n MARTIAL PROCEEDINGS.\n\n (a) Additional Assessments.--The independent panel established by \nthe Secretary of Defense under subsection (a)(2) of section 576 of the \nNational Defense Authorization Act for Fiscal Year 2013 (Public Law \n112-239; 126 Stat. 1758), known as the ``judicial proceedings panel'', \nshall conduct assessments of--\n (1) the use of mental health records by the defense during \n preliminary hearing and court-martial proceedings; and\n (2) the use of these records in similar civilian \n proceedings to determine whether any significant discrepancies \n exist between the two legal systems.\n (b) Submission of Results.--The judicial proceedings panel shall \ninclude the results of the assessments required by subsection (a) in \nthe remaining reports required by subsection (c)(2)(B) of section 576 \nof the National Defense Authorization Act for Fiscal Year 2013.\n\nSEC. 7. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE ACTIONS \n REGARDING SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE \n ARMED FORCES.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Comptroller General of the United States shall submit to the \nCommittees on Armed Services of the Senate and the House of \nRepresentatives a report describing the status of the implementation of \nthe sexual assault provisions contained in the National Defense \nAuthorization Act for Fiscal Year 2012 (Public Law 112-181), the \nNational Defense Authorization Act for Fiscal Year 2013 (Public Law \n112-239), and the National Defense Authorization Act for Fiscal Year \n2014 (Public Law 113-66) and the sexual assault prevention initiatives \nannounced in memoranda by the Secretary of Defense on May 6, 2013, and \nAugust 14, 2013.","summary":"Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act - Directs each Secretary of a military department to ensure that: (1) the written performance appraisals of each member of the Armed Forces include an assessment of the extent to which the member supports that Armed Force's sexual assault prevention and response program, and (2) the performance appraisals of each commanding officer indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and in which a victim can report criminal activity without fear of retaliation. Requires modification of the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of his or her innocence, except that an accused may offer evidence of a trait of his or her military character when that trait is relevant to an element of the offense for which he or she has been charged. Directs the Secretaries of the military departments and any department in which the Coast Guard is operating to ensure that the provisions of Title XVII of the National Defense Authorization Act (NDAA) for FY2014 and this Act apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy. Requires the independent judicial proceedings panel to conduct assessments of: (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings, and (2) the use of such records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. Directs the Comptroller General (GAO) to submit to the Senate and House Armed Services Committees a report describing the status of the implementation of the sexual assault provisions contained in the NDAAs for FY2012, FY2013, and FY2014 and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense (DOD) on May 6, 2013, and August 14, 2013.","title":"Fair Military Act","text_len":5076,"sum_len":2120} {"bill_id":"111_hr2390","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guidance, Understanding, and \nInformation for Dual Eligibles (GUIDE) Act''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) Nearly 8,800,000 Americans were eligible for benefits \n under the Medicare program and for medical assistance under \n Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of \n these ``dual eligible beneficiaries'', almost 40 percent have \n cognitive impairments, including Alzheimer's disease, dementia, \n serious mental illnesses, and intellectual disabilities. Until \n December 31, 2005, dual eligible beneficiaries received \n outpatient prescription drug benefits through medical \n assistance under Medicaid. On January 1, 2006, drug coverage \n for dual eligibles switched from Medicaid to Medicare.\n (2) In 2008, 53 percent of dual eligible beneficiaries had \n medication access problems and of those, 27 percent experienced \n significant adverse clinical events.\n (3) Individuals with medication access issues experience \n significantly more adverse clinical events. Among dual eligible \n beneficiaries with mental illness who had medication access \n problems, 27 percent experienced significant adverse clinical \n events, which included emergency room visits and \n hospitalizations.\n (4) In total, over 1,000,000 dual eligible beneficiaries \n and low-income subsidy beneficiaries were automatically auto-\n enrolled to new benchmark prescription drug plans under part D \n of the Medicare program between 2006 and 2007.\n (5) Community providers are at the front line of helping \n the most vulnerable dual eligible beneficiaries obtain \n prescription drug coverage under the Medicare program and \n navigate complex enrollment and low-income subsidy eligibility \n requirements under such program.\n (b) Purpose.--It is the purpose of this bill to help low-income \npersons with cognitive impairments to enroll in and navigate the \nprescription drug benefit under the Medicare program by providing front \nline community providers who serve the population daily with financial \nassistance to conduct vigorous education and outreach and direct case \nmanagement.\n\nSEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR \n DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES.\n\n (a) In General.--The Secretary of Health and Human Services (in \nthis section referred to as the ``Secretary'') shall establish a 3-year \ndemonstration program (in this section referred to as ``the \ndemonstration program'') under which the Secretary awards grants and \ncontracts to appropriate, qualified community programs and clinics for \nindividuals with intellectual or developmental disabilities or such \nprograms that are described in subsection (b)(1) of section 1913 of the \nPublic Health Services Act, regardless of whether such program meets \nthe criteria described in subsection (c) of such section, to employ \nqualified social workers and case managers to provide Medicare \nprescription drug assistance described in subsection (c) to target \nfull-benefit dual eligible individuals. As a condition of receipt of a \ngrant or contract under this subsection, a program or clinic shall \ncollect and maintain data identified by the Centers for Medicare & \nMedicaid Services as critical for the final evaluation and report to \nCongress described in subsection (d).\n (b) Target Full-Benefit Dual Eligible Individual Defined.--For \npurposes of this section, the term ``target full-benefit dual eligible \nindividual'' means a part D eligible individual, as defined in section \n1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-\n101(a)(3)(A)), who is a full-benefit dual eligible individual (as \ndefined in section 1935(c)(6) of the Social Security Act (42 U.S.C. \n1396u-5(c)(6))) with one or more mental disabilities, including mental \nretardation, dementia, mental illnesses, Alzheimer's disease, autism, \nor any other related condition that produces serious cognitive \nimpairments.\n (c) Types of Assistance.--For purposes of subsection (a), the \nMedicare prescription drug assistance described in this subsection is \none-on-one counseling with respect to one or more of the following \nareas of assistance:\n (1) Assistance with initial enrollment in a prescription \n drug plan under part D of title XVIII of the Social Security \n Act or in an MA-PD plan under part C of such title.\n (2) Assistance with switching from one such prescription \n drug plan or MA-PD plan to another such prescription drug plan \n or MA-PD plan.\n (3) Assistance with filing for an exception to a formulary \n used by such a plan.\n (4) Assistance with filing a grievance, reconsideration, or \n appeal under section 1860D-4 of the Social Security Act (42 \n U.S.C. 1395w-104), including assistance with collecting \n relevant information to file such a grievance, reconsideration, \n or appeal.\n (5) Assistance with navigating utilization management \n programs administered by a PDP sponsor offering a prescription \n drug plan under part D of title XVIII of the Social Security \n Act or a Medicare Advantage organization offering an MA-PD plan \n under part C of such title.\n (6) Assistance with obtaining prescription drugs from \n pharmacies participating with such a plan.\n (7) Assistance with facilitating contact with the Medicare \n Beneficiary Ombudsman appointed under section 1808(c) of the \n Social Security Act (42 U.S.C. 1395b-9).\n (d) Evaluation and Report.--\n (1) Evaluation.--The Secretary shall provide for an \n evaluation of the demonstration program. Such evaluation may \n include an analysis of--\n (A) the utilization of the assistance provided \n under the program;\n (B) the satisfaction of target full-benefit dual \n eligible individuals with such assistance; and\n (C) the success of the program in--\n (i) facilitating access by such individuals \n to covered part D drugs (as defined in section \n 1860D-2(e) of the Social Security Act (42 \n U.S.C. 1395w-102(e)); and\n (ii) medication compliance.\n (2) Report.--Not later than 6 months after the date of the \n completion of the demonstration program, the Secretary shall \n submit to Congress a report on such evaluation and shall \n include in such report recommendations regarding the \n feasibility of permanently funding an education and outreach \n program on the prescription drug benefit under the Medicare \n program for target full-benefit dual eligible individuals.\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated for each of the fiscal years 2011 through 2013--\n (1) to carry out this section (other than subsection (d)), \n $10,000,000; and\n (2) such sums as may be necessary to carry out subsection \n (d).","summary":"Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual who has one or more mental disabilities.","title":"To provide for a Medicare prescription drug outreach demonstration program for individuals who are eligible for benefits under the Medicare Program and for medical assistance under Medicaid and who have mental disabilities.","text_len":7470,"sum_len":663} {"bill_id":"111_s944","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wounded Warrior Transition \nAssistance Act of 2009''.\n\nSEC. 2. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT \n MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR \n CERTAIN OTHER RESERVE COMPONENT MEMBERS.\n\n Section 1218 of title 10, United States Code, is amended by adding \nat the end the following new subsections:\n ``(d)(1) The Secretary of a military department shall give a member \nof a reserve component under the jurisdiction of the Secretary who is \nbeing evaluated by a physical evaluation board for separation or \nretirement for disability under this chapter or for placement on the \ntemporary disability retired list or inactive status list under this \nchapter the option to remain on active duty in order to continue to \nreceive pay and allowances under title 37 during the physical \nevaluation board process until such time as the member--\n ``(A) is cleared by the board to return to duty; or\n ``(B) is separated, retired, or placed on the temporary \n disability retired list or inactive status list.\n ``(2) A member may change the election under paragraph (1) at any \npoint during the physical evaluation board process and be released from \nactive duty.\n ``(3) The requirements in paragraph (1) shall expire on the date \nthat is five years after the date of the enactment of the Wounded \nWarrior Transition Assistance Act of 2009.\n ``(e)(1) The Secretary of a military department shall retain on \nactive duty a member of a reserve component under the jurisdiction of \nthe Secretary who incurs an injury or illness while on active duty, is \nbeing discharged or separated from the armed forces, or being released \nfrom active duty in the armed forces, and is not being evaluated by a \nphysical evaluation board for purposes of this chapter in connection \nwith such discharge, separation, or release in order for the member to \ncontinue to receive pay and allowances under title 37 until such time \nas the member--\n ``(A) is retired or placed on the temporary disability \n retired list or inactive status list; or\n ``(B) is determined not to be eligible for such care or \n benefits based solely upon such injury or illness.\n ``(2) A member retained on active duty under paragraph (1) may \nelect at any time while so retained to be discharged, separated, or \nreleased, as applicable, from active duty.\n ``(3) The requirements in paragraph (1) shall expire on the date \nthat is five years after the date of the enactment of the Wounded \nWarrior Transition Assistance Act of 2009.\n ``(f) A member contemplating the exercise of an option under \nsubsection (d), or making an election under subsection (e), may \nexercise such option or make such election, as the case may be, only \nafter consultation with a member of the applicable judge advocate \ngeneral's corps.''.\n\nSEC. 3. COMPLIANCE OF HUMAN RESOURCES COMMANDS WITH REQUESTS FOR \n RETENTION OF RESERVE COMPONENT MEMBERS ON ACTIVE DUTY.\n\n (a) In General.--The applicable human resources command shall \nreturn to active duty in the Armed Forces for the purposes specified in \nsubsection (b) each member of a reserve component of the Armed Forces--\n (1) who wants to return to active duty; and\n (2) who--\n (A) is determined by an appropriate physician \n (including a private physician) to be unable to work \n due to an illness or injury that may be determined to \n be service-connected; and\n (B) is not retired, placed on the temporary \n disability retired list, receiving incapacitation pay \n under subsection (g) or (h) of section 204 of title 37, \n United States Code, or receiving health care and \n disability benefits through the Department of Veterans \n Affairs with respect to such illness or injury.\n (b) Covered Purposes.--The purposes for which a member of a reserve \ncomponent of the Armed Forces shall be returned to active duty under \nsubsection (a) are the following:\n (1) The receipt of a medical evaluation.\n (2) The receipt of medical treatment for an illness or \n injury described in subsection (a).\n (3) A determination of eligibility for placement on the \n temporary disability retired list.\n (c) Human Resources Commands.--For purposes of this section, the \nterm ``applicable human resources command'' means the following:\n (1) For the Army, the Human Resources Command.\n (2) For the Navy and the Marine Corps, the Air Force, and \n the Coast Guard, the command or element of the military \n department concerned (or the element of the Department of \n Homeland Security with respect to the Coast Guard when it is \n not acting as a service in the Navy) responsible for \n discharging human resources functions with respect to members \n of the Armed Forces.\n (d) Sunset.--The requirements in subsection (a) shall expire on the \ndate that is five years after the date of the enactment of this Act.\n\nSEC. 4. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE \n COMPONENT MEMBERS.\n\n Section 1222 of title 10, United States Code, is amended by adding \nat the end the following new subsection:\n ``(d) Use of Local Residences for Certain Reserve Component \nMembers.--(1)(A) A member of a reserve component described by \nsubparagraph (B) shall be permitted to reside at the member's permanent \nplace of residence if residing at that location is medically feasible, \nas determined by a licensed health care provider.\n ``(B) A member of a reserve component described by this \nsubparagraph is any member as follows:\n ``(i) Any member remaining on active duty under subsection \n (d) of section 1218 of this title, or retained on active duty \n under subsection (e) of such section, during the period the \n member is on active duty under such subsection.\n ``(ii) Any member returned to active duty under section 3 \n of the Wounded Warrior Transition Assistance Act of 2009 during \n the period the member is on active duty for a purpose specified \n in subsection (b) of that section.\n ``(2) Nothing in this subsection shall be construed as terminating, \naltering, or otherwise affecting the authority of the commander of a \nmember described in paragraph (1)(B) to order the member to perform \nduties consistent with the member's fitness for duty.\n ``(3) The Secretary concerned shall pay any reasonable expenses of \ntransportation, lodging, and meals incurred by a member residing at the \nmember's permanent place of residence under this subsection in \nconnection with travel from the member's permanent place of residence \nto a medical facility during the period in which the member is covered \nby this subsection.''.\n\nSEC. 5. AUTHORIZATION FOR USE OF DEFENSE HEALTH PROGRAM FUNDS FOR \n SUPPORT PROGRAMS FOR CERTAIN MEMBERS OF THE RESERVE \n COMPONENTS.\n\n (a) Authorization.--Funds in the Defense Health Program shall be \navailable, subject to appropriations, for support programs for any \nmember of a reserve component who becomes ill or injured while on \nactive duty and separates from active duty as a result of the illness \nor injury.\n (b) Support Programs.--The support programs for which such funds \nshall be available include the following:\n (1) Non-clinical case management.\n (2) TRICARE program advisors.\n (3) Psychological health programs.\n (4) Connection and support of military health system \n electronic medical records.\n (c) Coordination.--The Office of the Secretary of Defense for \nHealth Affairs shall coordinate with the reserve components, including \nthe National Guard, in determining the budget requirements of the \nreserve components for the support programs.\n\nSEC. 6. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL \n TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH \n MEDICAL DISCHARGE PROCESS.\n\n (a) Capacity for Assistance Required.--Each Secretary of a military \ndepartment shall ensure that the number of members of the judge \nadvocate general's corps under the jurisdiction of such Secretary who \nare dedicated to providing legal assistance to members of the Armed \nForces regarding medical discharge from the Armed Forces is adequate to \nensure that such corps has the capacity to provide legal assistance to \nall members of the Armed Force or Armed Forces under the jurisdiction \nof such Secretary who are undergoing medical discharge from the Armed \nForces (including during evaluation by a medical evaluation board \n(MEB)) in connection with such medical discharge.\n (b) Provision of Assistance.--\n (1) In general.--The Secretary of each military department \n shall, utilizing members of the judge advocate general's corps \n under the jurisdiction of such Secretary described in \n subsection (a), ensure that each member of the Armed Forces \n under the jurisdiction of such Secretary who is undergoing \n medical discharge from the Armed Forces receives appropriate \n assistance on all legal matters relating to medical discharge \n from the Armed Forces.\n (2) Elements.--The assistance provided a member of the \n Armed Forces under this subsection shall include the following:\n (A) Outreach by a member of the judge advocate \n general's corps to the member of the Armed Forces at \n the commencement of the medical discharge process by \n the member of the Armed Forces regarding legal matters \n relating to evaluation by a medical evaluation board.\n (B) Representation by a member of the judge \n advocate general's corps of the member of the Armed \n Forces in connection with evaluation by a medical \n evaluation board, if requested by the member of the \n Armed Forces.\n\nSEC. 7. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL \n TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH \n DISABILITY EVALUATION BY THE DEPARTMENT OF VETERANS \n AFFAIRS.\n\n (a) Capacity for Assistance Required.--Each Secretary of a military \ndepartment shall ensure that the judge advocate general's corps under \nthe jurisdiction of such Secretary has the capacity to provide legal \nassistance to members of the Armed Force or Armed Forces under the \njurisdiction of such Secretary who are undergoing disability evaluation \nby the Department of Veterans Affairs in connection with such \ndisability evaluation.\n (b) Provision of Assistance.--\n (1) In general.--The Secretary of each military department \n shall, utilizing members of the judge advocate general's corps \n under the jurisdiction of such Secretary covered by subsection \n (a), ensure that each member of the Armed Forces under the \n jurisdiction of such Secretary who is undergoing disability \n evaluation by the Department of Veterans Affairs receives \n appropriate assistance on all legal matters relating to such \n evaluation.\n (2) Elements.--The assistance provided a member of the \n Armed Forces under this subsection shall include the following:\n (A) Outreach by a member of the judge advocate \n general's corps to the member of the Armed Forces at \n the commencement by the member of the Armed Forces of \n disability evaluation by the Department of Veterans \n Affairs regarding legal matters relating to disability \n evaluation by the Department of Veterans Affairs.\n (B) Subject to paragraph (3), representation by a \n member of the judge advocate general's corps of the \n member of the Armed Forces in connection with \n disability evaluation by the Department of Veterans \n Affairs if requested by the member of the Armed Forces.\n (3) Scope of representation.--Members of the judge advocate \n generals' corps shall have such powers and privileges to \n practice before the Department of Veterans Affairs in \n connection with representation of members of the Armed Forces \n undergoing disability evaluation by the Department of Veterans \n Affairs as the Secretary of Defense and the Secretary of \n Veterans Affairs shall jointly prescribe in regulations for \n purposes of this section. Such powers and privileges may not be \n more restricted than the powers and privileges afforded \n representatives of organizations recognized by the Secretary of \n Veterans Affairs under section 5902 of title 38, United States \n Code, in representing veterans in connection with disability \n evaluation by the Department of Veterans Affairs.\n\nSEC. 8. SENSE OF CONGRESS ON ACCESS OF VETERANS SERVICE ORGANIZATIONS \n TO MILITARY FACILITIES FOR COUNSELING AND SERVICES FOR \n MEMBERS OF THE ARMED FORCES.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) each commander of a military installation should ensure \n the use of space and equipment at military installations, as \n required by section 2670(c) of title 10, United States Code, by \n representatives of qualified veterans service organizations, \n including those authorized to function on military \n installations under that section;\n (2) the commander of each facility or location at which \n access is provided under section 2670(c) of such title should \n endeavor to provide private space in which a member of the \n Armed Forces may receive counseling and services as available \n from veterans service organizations;\n (3) the Secretary of Defense should widely disseminate \n information regarding the existence and availability of the \n Wounded Warrior Resource Center as required by section 1616 of \n the Wounded Warrior Act (title XVI of Public Law 110-181; 122 \n Stat. 447; 10 U.S.C. 1071 note) to members of the Armed Forces \n and their dependents; and\n (4) the Wounded Warrior Center should provide legal \n assistance referral information where appropriate, as provided \n for in this Act, especially to those members of the Armed \n Forces for whom a medical evaluation board or a physical \n evaluation board has been initiated and their family members.\n (b) Qualified Veterans Services Organization Defined.--In this \nsection, the term ``qualified veterans service organization'' means an \norganization that is recognized by the Secretary of Veterans Affairs \nfor the representation of veterans under section 5902 of title 38, \nUnited States Code.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect on \nthe date that is 180 days after the date of the enactment of this Act.\n\nSEC. 10. FUNDING.\n\n Notwithstanding any provision of subchapter VI of chapter 35 of \ntitle 31, United States Code, for purposes of carrying out this Act and \nthe amendments made by this Act, an amount in the aggregate of \n$50,000,000 shall be derived from amounts recovered by the Department \nof Defense from erroneous payments to contractors pursuant to recovery \naudits and activities carried out by the Department under section 3561 \nof such title.","summary":"Wounded Warrior Transition Assistance Act of 2009 - Directs the Secretary of each military department to provide each reserve member of that department who is being evaluated for separation or retirement for disability, or for placement on the temporary disability retired list or inactive status list, the option to remain on active duty during such evaluation in order to continue to receive military pay and allowances, until the member is: (1) cleared to return to duty. Or (2) separated, retired, or placed on the temporary disability retired or inactive status list. Requires each Secretary to retain on active duty a reserve member who incurs an injury or illness while on active duty, is being discharged or separated from the Armed Forces, or is being released from active duty, and is not being evaluated in connection with such discharge, separation, or release, until the member is: (1) retired or placed on the temporary disability retired or inactive status list. Or (2) determined ineligible for such care or benefits based solely upon the injury or illness. Requires military human resources commands to return to active duty during their evaluation period reserve members who request such option. Encourages the use of local residences by reserve members during such transition periods. Authorizes the use of Defense Health Program funds for reserve members who become ill or injured while on active duty and separate as a result of such illness or injury. Provides for the assignment of Judge Advocate General personnel to assist members of the Armed Forces (members) in connection with the medical discharge process and disability evaluations. Expresses support for access of veterans service organizations to military facilities to provide counseling and services to members.","title":"A bill to amend title 10, United States Code, to require the Secretaries of the military departments to give wounded members of the reserve components of the Armed Forces the option of remaining on active duty during the transition process in order to continue to receive military pay and allowances, to authorize members to reside at their permanent places of residence during the process, and for other purposes.","text_len":15972,"sum_len":1795} {"bill_id":"107_hr5452","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cape Fox Land Entitlement Adjustment \nAct''.\n\n SEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Cape Fox Corporation (Cape Fox) is an Alaska Native \n Village Corporation organized pursuant to the Alaska Native \n Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native \n Village of Saxman.\n (2) As with other village corporations organized pursuant \n to the Alaska Native Claims Settlement Act in southeast Alaska, \n Cape Fox was limited to selecting 23,040 acres under section 16 \n of the Alaska Native Claims Settlement Act.\n (3) Except for Cape Fox, all other village corporations \n organized pursuant to the Alaska Native Claims Settlement Act \n in southeast Alaska were restricted from selecting land within \n two miles of a home rule city.\n (4) To protect the watersheds in the vicinity of Ketchikan, \n Cape Fox was restricted from selecting land within six miles of \n the boundary of the home rule City of Ketchikan under section \n 22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. \n 1621(l)).\n (5) The six mile restriction damaged Cape Fox by precluding \n the corporation from selecting valuable timber land, industrial \n sites, and other commercial property, not only in its core \n township but in surrounding land far removed from Ketchikan and \n its watershed.\n (6) As a result of the six mile restriction, only the \n remote mountainous northeast corner of Cape Fox's core \n township, which is nonproductive and of no known economic \n value, was available for selection by the corporation. \n Selection of this parcel was, however, mandated by section \n 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. \n 1615(b)).\n (7) Cape Fox's land selections were further limited by the \n fact that the Annette Island Indian Reservation is within its \n selection area, and those lands were unavailable for selection \n under the Alaska Native Claims Settlement Act. Cape Fox is the \n only village corporation organized pursuant to the Alaska \n Native Claims Settlement Act affected by this restriction.\n (8) Adjustment of Cape Fox's selections and conveyances of \n land under the Alaska Native Claims Settlement Act requires \n adjustment of Sealaska Corporation's (Sealaska) selections and \n conveyances to avoid creation of additional split estate \n between National Forest System surface land and Sealaska \n subsurface land.\n (9) There is an additional need to resolve existing areas \n of Sealaska\/Tongass split estate, in which Sealaska holds title \n or conveyance rights to several thousand acres of subsurface \n land that encumber management of Tongass National Forest \n surface land.\n (10) The Tongass National Forest land identified in this \n Act for selection by and conveyance to Cape Fox and Sealaska, \n subject to valid existing rights, provides a means to resolve \n some of the Cape Fox and Sealaska Alaska Native Claims \n Settlement Act land entitlement issues without significantly \n affecting Tongass National Forest resources, uses, or values.\n (11) Adjustment of Cape Fox's selections and conveyances of \n land under the Alaska Native Claims Settlement Act through the \n provisions of this Act, and the related adjustment of \n Sealaska's selections and conveyances hereunder, are in \n accordance with the purposes of the Alaska Native Claims \n Settlement Act and otherwise in the public interest.\n\nSEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.\n\n Notwithstanding section 16(b) of the Alaska Native Claims \nSettlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to \nselect or receive conveyance of the approximately 160 acres of Federal \nunconveyed land within section 1, T. 75 S., R. 91 E., C.R.M.\n\n SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY.\n\n (a) Selection of Surface Estate.--\n (1) In general.--In addition to land made available for \n selection under the Alaska Native Claims Settlement Act, not \n later than 2 years after the date of the enactment of this Act, \n Cape Fox may select the approximately 99 acres of the surface \n estate of Tongass National Forest land outside Cape Fox's \n current exterior selection boundary described in paragraph (2).\n (2) Land description.--The land referred to in paragraph \n (a) is described as follows:\n T. 73 S., R. 90 E., C.R.M.\n Section 33: SW portion of SE 1\/4: 38 acres.\n Section 33: NW portion of SE 1\/4: 13 acres.\n Section 33: SE 1\/4 of SE 1\/4: 40 acres.\n Section 33: SE 1\/4 of SW 1\/4: 8 acres.\n (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox \nof the surface estate to the land described in subsection (a)(2), the \nSecretary of the Interior shall convey to Sealaska the subsurface \nestate to that land.\n (c) Timing.--The Secretary of the Interior shall complete the \nconveyances to Cape Fox and Sealaska under this section not later than \n180 days after the Secretary of the Interior receives written notice of \nthe Cape Fox selection under subsection (a).\n\nSEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL \n FOREST.\n\n (a) In General.--The Secretary of Agriculture shall offer, and if \naccepted by Cape Fox shall exchange, the Federal land described in \nsubsection (b) for land and interests therein identified by Cape Fox \nunder subsection (c) and, to the extent necessary, land and interests \ntherein identified under subsection (d).\n (b) Land To Be Exchanged to Cape Fox.--The land to be offered to \nCape Fox is Tongass National Forest land comprising approximately \n2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., \nC.R.M., as designated upon a map entitled ``Proposed Kensington Project \nLand Exchange'', dated March 18, 2002, and available for inspection in \nthe Forest Service Region 10 regional office in Juneau, Alaska.\n (c) Land To Be Exchanged to the United States.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, Cape Fox may identify, in writing to \n the Secretary of Agriculture and the Secretary of the Interior, \n the land and interests in land that Cape Fox proposes to \n exchange for the Federal land described in subsection (b). The \n land and interests in land shall be identified from land \n previously conveyed to Cape Fox comprising approximately 2,900 \n acres and designated as parcels A-1 to A-3, B-1 to B-3, and C \n upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange \n Proposal,'' dated March 15, 2002, and available for inspection \n in the Forest Service Region 10 regional office in Juneau, \n Alaska.\n (2) Conditions for parcels.--Land identified for exchange \n within each parcel shall abut National Forest System land and \n be in reasonably compact tracts.\n (3) Easement.--The land identified for exchange shall \n includes a public trail easement designated as ``D'' on the map \n described in paragraph (1), unless the Secretary of Agriculture \n agrees otherwise. The value of the easement shall be included \n in determining the total value of land conveyed to the United \n States.\n (d) Valuation of Exchange land.--The Secretary of Agriculture shall \ndetermine whether the land identified by Cape Fox under subsection (c) \nis equal in value to the land described in subsection (b). If the land \nidentified under subsection (c) is determined to have insufficient \nvalue to equal the value of the land described in subsection (b), Cape \nFox and the Secretary shall mutually identify additional Cape Fox land \nfor exchange sufficient to equalize the value of land conveyed to Cape \nFox. Such land shall be contiguous to adjacent National Forest System \nland and in reasonably compact tracts.\n (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native \nClaims Settlement Act, the offer and conveyance of Federal land to Cape \nFox in the exchange shall be of the surface and subsurface estate. Such \noffer and conveyance shall be subject to valid existing rights and all \nprovisions of section 14(g) of such Act.\n (f) Timing.--Not later than 90 days after the date of the enactment \nof this Act, the Secretary of Agriculture shall attempt to enter into \nan agreement with Cape Fox to consummate the exchange consistent with \nthis Act. The land identified in the exchange agreement shall be \nexchanged by conveyance at the earliest possible date after the \nexchange agreement is signed. Subject only to conveyance from Cape Fox \nto the United States of all its right, title, and interest in the Cape \nFox land included in the exchange consistent with this Act, the \nSecretary of the Interior shall complete the interim conveyance to Cape \nFox of the Federal land included in the exchange not later than 180 \ndays after the execution of the exchange agreement by Cape Fox and the \nSecretary of Agriculture.\n\nSEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL \n FOREST.\n\n (a) In General.--Upon conveyance of the Cape Fox land included in \nthe exchange under section 5 and conveyance and relinquishment by \nSealaska, in accordance with this Act, of the land and interests in \nland described in subsection (c), the Secretary of the Interior shall \nconvey to Sealaska the Federal land identified for exchange under \nsubsection (b).\n (b) Land To Be Exchanged to Sealaska.--\n (1) Selection area.--The land to be exchanged to Sealaska \n is to be selected by Sealaska from Tongass National Forest land \n comprising approximately 9,329 acres in T. 36 S., R. 62 E., \n C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., \n C.R.M., as designated upon a map entitled ``Proposed Sealaska \n Corporation Land Exchange Kensington Lands Selection Area'', \n dated April, 2002 and available for inspection in the Forest \n Service Region 10 Regional Office in Juneau, Alaska.\n (2) Notice of land selection.--Not later than 60 days after \n receiving notice of the identification by Cape Fox of the \n exchange land under section 5(c), Sealaska may identify, in \n writing to the Secretaries of Agriculture and the Interior, the \n land that Sealaska selects to receive in exchange for the \n Sealaska land described in subsection (c).\n (3) Conditions.--Land selected by Sealaska shall be in no \n more than 2 contiguous and reasonably compact tracts that abut \n the land described for exchange to Cape Fox in section 5(b). \n The exchange conveyance to Sealaska shall be of the surface and \n subsurface estate in the land selected and agreed to by the \n Secretary but subject to valid existing rights and all other \n provisions of section 14(g) of the Alaska Native Claims \n Settlement Act.\n (4) Equal value.--The Secretary of Agriculture shall \n determine whether the selected land is equal in value to the \n land described in subsection (c) and may adjust the amount of \n selected land in order to reach agreement with Sealaska \n regarding equal value.\n (c) Land To Be Exchanged to the United States.--The land and \ninterests therein to be exchanged by Sealaska is--\n (1) the subsurface estate underlying the Cape Fox exchange \n land described in section 5(c);\n (2) an additional approximately 2,506 acres of the \n subsurface estate underlying Tongass National Forest surface \n estate, described in Interim Conveyance No. 1673; and\n (3) rights to an additional approximately 2,698 acres of \n subsurface estate of Tongass National Forest land remaining to \n be conveyed to Sealaska from Group 1, 2, and 3 land as set \n forth in the Sealaska Corporation\/United States Forest Service \n Split Estate Exchange Agreement of November 26, 1991, at \n Schedule B, as modified on January 20, 1995.\n (d) Timing.--The Secretary of Agriculture shall attempt, not later \nthan 90 days after receipt of the selection of land by Sealaska under \nsubsection (b), to enter into an agreement with Sealaska to consummate \nthe exchange consistent with this Act. The land identified in the \nexchange agreement shall be exchanged by conveyance at the earliest \npossible date after the exchange agreement is executed. Subject only to \nthe Cape Fox and Sealaska conveyances and relinquishments described in \nsubsection (a), the Secretary of the Interior shall complete the \ninterim conveyance to Sealaska of the Federal land selected for \nexchange not later than 180 days after execution of the agreement by \nSealaska and the Secretary of Agriculture.\n (e) Modification of Agreement.--The executed exchange agreement \nunder this section shall be considered a further modification of the \nSealaska Corporation\/United States Forest Service Split Estate Exchange \nAgreement, as ratified in section 17 of Public Law 102-415 (October 14, \n1992).\n\nSEC. 7. MISCELLANEOUS PROVISIONS.\n\n (a) Equal Value Requirement.--The exchanges described in this Act \nshall be of equal value. Cape Fox and Sealaska shall have the \nopportunity to present to the Secretary of Agriculture estimates of \nvalue of exchange land with supporting information.\n (b) Title.--Cape Fox and Sealaska shall convey and provide evidence \nof title satisfactory to the Secretary of Agriculture for their \nrespective lands to be conveyed to the United States under this Act, \nsubject only to exceptions, reservations, and encumbrances in the \ninterim conveyance or patent from the United States or otherwise \nacceptable to the Secretary of Agriculture.\n (c) Hazardous Substances.--Cape Fox, Sealaska, and the United \nStates each shall not be subject to liability for the presence of any \nhazardous substance in land or interests in land solely as a result of \nany conveyance or transfer of the land or interests therein under this \nAct.\n (d) Effect on ANCSA Selections.--Any conveyance of Federal surface \nor subsurface land to Cape Fox or Sealaska under this Act shall be \nconsidered, for all purposes, land conveyed pursuant to the Alaska \nNative Claims Settlement Act. Nothing in this Act shall be construed to \nchange the total acreage of land entitlement of Cape Fox or Sealaska \nunder the Alaska Native Claims Settlement Act. Cape Fox and Sealaska \nshall remain charged for any land they exchange under this Act and any \nland conveyed pursuant to section 4, but shall not be charged for any \nland received under sections 5 or 6. The exchanges described in this \nAct shall be considered, for all purposes, actions which lead to the \nissuance of conveyances to Native Corporations pursuant to the Alaska \nNative Claims Settlement Act. Land or interests therein transferred to \nthe United States under this Act shall become and be administered as \npart of the Tongass National Forest.\n (e) Effect on Statehood Selections.--Land conveyed to or selected \nby the State of Alaska under the Alaska Statehood Act (Public Law 85-\n508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for \nselection or conveyance under this Act without the consent of the State \nof Alaska.\n (f) Maps.--The maps referred to in this Act shall be maintained on \nfile in the Forest Service Region 10 Regional Office in Juneau, Alaska. \nThe acreages cited in this Act are approximate, and if there is any \ndiscrepancy between cited acreage and the land depicted on the \nspecified maps, the maps shall control. The maps do not constitute an \nattempt by the United States to convey State or private land.\n (g) Easements.--Notwithstanding section 17(b) of the Alaska Native \nClaims Settlement Act, Federal land conveyed to Cape Fox or Sealaska \npursuant to this Act shall be subject only to the reservation of public \neasements mutually agreed to and set forth in the exchange agreements \nexecuted under this Act. The easements shall include easements \nnecessary for access across the land conveyed under this Act for use of \nnational forest or other public land.\n (h) Old Growth Reserves.--The Secretary of Agriculture shall add an \nequal number of acres to old growth reserves on the Tongass National \nForest as are transferred out of Federal ownership as a result of this \nAct.\n\n SEC. 8. AUTHORIZATION OF APPROPRIATION.\n\n (a) Department of Agriculture.--There are authorized to be \nappropriated to the Secretary of Agriculture such sums as may be \nnecessary for--\n (1) value estimation and related costs of exchanging land \n specified in this Act; and\n (2) road rehabilitation and habitat and timber stand \n improvement (including thinning and pruning) on land acquired \n by the United States under this Act.\n (b) Department of the Interior.--There are authorized to be \nappropriated to the Secretary of the Interior such sums as may be \nnecessary for land surveys and conveyances pursuant to this Act.","summary":"Cape Fox Land Entitlement Adjustment Act - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation. Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise. Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska CorporationUnited States Forest Service Split Estate Exchange Agreement. And (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA. Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land.","title":"To resolve certain conveyances and provide for alternative land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska Corporation, and for other purposes.","text_len":17682,"sum_len":1750} {"bill_id":"114_hr1105","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Death Tax Repeal Act of 2015''.\n\nSEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.\n\n (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 2210. TERMINATION.\n\n ``(a) In General.--Except as provided in subsection (b), this \nchapter shall not apply to the estates of decedents dying on or after \nthe date of the enactment of the Death Tax Repeal Act of 2015.\n ``(b) Certain Distributions From Qualified Domestic Trusts.--In \napplying section 2056A with respect to the surviving spouse of a \ndecedent dying before the date of the enactment of the Death Tax Repeal \nAct of 2015--\n ``(1) section 2056A(b)(1)(A) shall not apply to \n distributions made after the 10-year period beginning on such \n date, and\n ``(2) section 2056A(b)(1)(B) shall not apply on or after \n such date.''.\n (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of \nchapter 13 of subtitle B of such Code is amended by adding at the end \nthe following new section:\n\n``SEC. 2664. TERMINATION.\n\n ``This chapter shall not apply to generation-skipping transfers on \nor after the date of the enactment of the Death Tax Repeal Act of \n2015.''.\n (c) Conforming Amendments.--\n (1) The table of sections for subchapter C of chapter 11 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new item:\n\n``Sec. 2210. Termination.''.\n (2) The table of sections for subchapter G of chapter 13 of \n such Code is amended by adding at the end the following new \n item:\n\n``Sec. 2664. Termination.''.\n (d) Effective Date.--The amendments made by this section shall \napply to the estates of decedents dying, and generation-skipping \ntransfers, on or after the date of the enactment of this Act.\n\nSEC. 3. MODIFICATIONS OF GIFT TAX.\n\n (a) Computation of Gift Tax.--Subsection (a) of section 2502 of the \nInternal Revenue Code of 1986 is amended to read as follows:\n ``(a) Computation of Tax.--\n ``(1) In general.--The tax imposed by section 2501 for each \n calendar year shall be an amount equal to the excess of--\n ``(A) a tentative tax, computed under paragraph \n (2), on the aggregate sum of the taxable gifts for such \n calendar year and for each of the preceding calendar \n periods, over\n ``(B) a tentative tax, computed under paragraph \n (2), on the aggregate sum of the taxable gifts for each \n of the preceding calendar periods.\n ``(2) Rate schedule.--\n\n\n``If the amount with respect to which The tentative tax is:\n the tentative tax to be computed is:.\nNot over $10,000....................... 18% of such amount.\nOver $10,000 but not over $20,000...... $1,800, plus 20% of the excess\n over $10,000.\nOver $20,000 but not over $40,000...... $3,800, plus 22% of the excess\n over $20,000.\nOver $40,000 but not over $60,000...... $8,200, plus 24% of the excess\n over $40,000.\nOver $60,000 but not over $80,000...... $13,000, plus 26% of the excess\n over $60,000.\nOver $80,000 but not over $100,000..... $18,200, plus 28% of the excess\n over $80,000.\nOver $100,000 but not over $150,000.... $23,800, plus 30% of the excess\n over $100,000.\nOver $150,000 but not over $250,000.... $38,800, plus 32% of the excess\n of $150,000.\nOver $250,000 but not over $500,000.... $70,800, plus 34% of the excess\n over $250,000.\nOver $500,000.......................... $155,800, plus 35% of the\n excess of $500,000.''.\n \n\n (b) Treatment of Certain Transfers in Trust.--Section 2511 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new subsection:\n ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any \nother provision of this section and except as provided in regulations, \na transfer in trust shall be treated as a taxable gift under section \n2503, unless the trust is treated as wholly owned by the donor or the \ndonor's spouse under subpart E of part I of subchapter J of chapter \n1.''.\n (c) Lifetime Gift Exemption.--\n (1) In general.--Paragraph (1) of section 2505(a) of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(1) the amount of the tentative tax which would be \n determined under the rate schedule set forth in section \n 2502(a)(2) if the amount with respect to which such tentative \n tax is to be computed were $5,000,000, reduced by''.\n (2) Inflation adjustment.--Section 2505 of such Code is \n amended by adding at the end the following new subsection:\n ``(d) Inflation Adjustment.--\n ``(1) In general.--In the case of any calendar year after \n 2011, the dollar amount in subsection (a)(1) shall be increased \n by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for such calendar year by \n substituting `calendar year 2010' for `calendar year \n 1992' in subparagraph (B) thereof.\n ``(2) Rounding.--If any amount as adjusted under paragraph \n (1) is not a multiple of $10,000, such amount shall be rounded \n to the nearest multiple of $10,000.''.\n (d) Conforming Amendments.--\n (1) The heading for section 2505 of such Code is amended by \n striking ``unified''.\n (2) The item in the table of sections for subchapter A of \n chapter 12 of such Code relating to section 2505 is amended to \n read as follows:\n\n``Sec. 2505. Credit against gift tax.''.\n (3) Section 2801(a)(1) of such Code is amended by striking \n ``section 2001(c) as in effect on the date of such receipt'' \n and inserting ``section 2502(a)(2)''.\n (e) Effective Date.--The amendments made by this section shall \napply to gifts made on or after the date of the enactment of this Act.\n (f) Transition Rule.--\n (1) In general.--For purposes of applying sections 1015(d), \n 2502, and 2505 of the Internal Revenue Code of 1986, the \n calendar year in which this Act is enacted shall be treated as \n 2 separate calendar years one of which ends on the day before \n the date of the enactment of this Act and the other of which \n begins on such date of enactment.\n (2) Application of section 2504(b).--For purposes of \n applying section 2504(b) of the Internal Revenue Code of 1986, \n the calendar year in which this Act is enacted shall be treated \n as one preceding calendar period.\n\nSEC. 4. BUDGETARY EFFECTS.\n\n The budgetary effects of this Act shall not be entered on either \nPAYGO scorecard maintained pursuant to section 4(d) of the Statutory \nPay-As-You-Go Act of 2010.\n\n Passed the House of Representatives April 16, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Death Tax Repeal Act of 2015 This bill amends the Internal Revenue Code to repeal the estate and generation-skipping transfer taxes for estates of decedents dying or for transfers made on or after the enactment date of this Act. In the case of assets placed in a qualified domestic trust by a decedent who dies prior to the enactment of this Act, the current estate tax will not apply to: (1) distributions from such trust before the death of a surviving spouse made more than 10 years after the enactment date of this Act, and (2) assets remaining in such trust upon the death of the surviving spouse. This section revises gift tax rates to lower the top rate to 35 and deems a transfer in trust to be a taxable gift unless the trust is treated as wholly-owned by the donor or the donor's spouse. The lifetime exemption for gifts is set at $5 million with a cost-of-living adjustment for calendar years beginning after 2011. The adjusted exemption amount in 2015 is $5.43 million. The budgetary effects of this Act are exempted from entry on either PAYGO scorecard maintained under the Statutory Pay-As-You-Go Act of 2010.","title":"Death Tax Repeal Act of 2015","text_len":7706,"sum_len":1123} {"bill_id":"113_hr4739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Impaired Waters Improvement Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Covered tmdl.--The term ``covered TMDL'' means a total \n maximum daily load for nitrogen, phosphorus, or sediment \n established under section 303(d) of the Federal Water Pollution \n Control Act (33 U.S.C. 1313(d)).\n (3) Covered tmdl jurisdiction.--\n (A) In general.--The term ``covered TMDL \n jurisdiction'' means a geographic area that is subject \n to a covered TMDL.\n (B) Inclusion of chesapeake bay.--The term \n ``covered TMDL jurisdiction'' includes the geographic \n area subject to total maximum daily load for pollutants \n for the Chesapeake Bay and its tidal tributaries \n established by the Administrator on December 29, 2010, \n and noticed at 76 Fed. Reg. 549 (January 5, 2011).\n (4) Publicly owned stormwater management practices.--The \n term ``publicly owned stormwater management practices'' means \n techniques for managing and treating rainwater runoff that are \n the responsibility of the public sector, including, and by \n order of preference, practices which--\n (A) utilize or mimic natural infiltration of \n rainwater into the ground;\n (B) hold and treat runoff by allowing plant \n materials to take up pollutants; and\n (C) capture runoff and hold it for a period of time \n sufficient to allow pollutants to settle out or \n evaporate, and which substantially reduce the volume of \n runoff in local waters during peak runoff periods.\n (5) Treatment works.--The term ``treatment works'' has the \n meaning given the term in section 212 of the Federal Water \n Pollution Control Act (33 U.S.C. 1292).\n\nSEC. 3. GRANTS TO ASSIST COVERED TMDL JURISDICTIONS.\n\n (a) In General.--The Administrator of the Environmental Protection \nAgency may make grants to the owner or operator of--\n (1) a publicly owned treatment works serving a covered TMDL \n jurisdiction;\n (2) publicly owned storm water management practices serving \n a covered TMDL jurisdiction; or\n (3) a privately owned farm implementing methods to reduce \n discharges of nitrogen, phosphorus, or sediment in a covered \n TMDL jurisdiction.\n (b) Applications.--\n (1) In general.--To be eligible for a grant under this \n section, an owner or operator referred to in subsection (a) \n shall submit to the Administrator an application at such time, \n in such form, and containing such information as the \n Administrator may require.\n (2) Required information.--The application, at a minimum, \n shall contain a description of how the amounts of the grant \n will be used to assist the applicant in meeting a covered TMDL.\n (c) Award of Grants.--\n (1) In general.--Subject to paragraph (2), the \n Administrator shall award grants to applicants under this \n section on a competitive basis.\n (2) Considerations.--In awarding grants to applicants under \n this section, the Administrator shall consider--\n (A) the demonstrated need of the applicant for the \n grant; and\n (B) with respect to the project to be funded using \n the grant--\n (i) the effectiveness of any technologies \n that will be used;\n (ii) the ecological sensitivity of the \n geographic area involved; and\n (iii) whether the use of existing \n facilities, if any, will be maximized.\n (d) Use of Grants.--\n (1) In general.--A recipient of a grant under this section \n shall use the amounts of the grant to implement methods to \n reduce discharges of nitrogen, phosphorus, and sediment--\n (A) using proven technology and practices; or\n (B) using an innovative practice, subject to a \n determination by the Administrator that the innovative \n practice is reasonably expected to reduce the \n discharges.\n (2) Grants to farms.--\n (A) Engineering or consultation work for water \n storage projects.--In the case of a grant made to an \n owner or operator referred to in subsection (a)(3), \n amounts of the grant may be used for engineering or \n consultation work in designing a water storage project \n if--\n (i) the project complies with the \n limitation in paragraph (3); and\n (ii) the project is completed within 5 \n years of the date of receipt of the grant.\n (B) Repayment of certain grant amounts.--The \n Administrator shall require repayment of a grant made \n to carry out a project described in subparagraph (A) if \n the project is not completed within 5 years of the date \n of receipt of the grant.\n (3) Limitation.--A recipient of a grant under this section \n may not use the amounts of the grant--\n (A) to pay the salary of any individual who is \n employed by the recipient as of the date of receipt of \n the grant; or\n (B) to pay the salary of any individual hired by \n the recipient after that date unless--\n (i) the individual is an expert in the \n field of reducing discharges from treatment \n works; and\n (ii) the recipient can demonstrate, to the \n satisfaction of the Administrator, that the \n individual will assist in meeting a covered \n TMDL.\n (e) Grant Amount.--The Administrator may not make grants under this \nsection to a grant recipient in an amount that exceeds $2,000,000 in a \nfiscal year.\n (f) Federal Share.--The Federal share of the cost of a program or \nactivity carried out using amounts from a grant received under this \nsection may not exceed two-thirds of the cost of the program or \nactivity.\n\nSEC. 4. IMPAIRED WATERS IMPROVEMENT FUND.\n\n (a) Increase in Civil Penalties.--\n (1) In general.--The Administrator shall prescribe by \n regulation an increase in the amount of a civil penalty \n assessed for a violation of the Federal Water Pollution Control \n Act (33 U.S.C. 1251 et seq.).\n (2) Amount of increase.--The amount of the increase shall \n be 5 percent of the civil penalty amount determined under that \n Act for the violation.\n (3) Applicability.--The regulations shall apply the \n increased civil penalty amount only to violations occurring \n after the date of enactment of this Act.\n (b) Establishment of Impaired Waters Improvement Fund.--\n (1) In general.--There is established in the Treasury of \n the United States a trust fund to be known as the Impaired \n Waters Improvement Fund.\n (2) Transfer to fund.--There are hereby appropriated to the \n Impaired Waters Improvement Fund for each of fiscal years 2015 \n through 2019 amounts equivalent to amounts received in the \n Treasury that are attributable to increases in civil penalty \n amounts assessed pursuant to subsection (a) or $100,000,000, \n whichever is less.\n (3) Expenditures.--Amounts in the Impaired Waters \n Improvement Fund shall be available, as provided in \n appropriations Acts, for making expenditures to carry out \n section 3.","summary":"Impaired Waters Improvement Act - Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to reduce the discharges of nitrogen, phosphorus, or sediment (pollutants) in an area that is subject to a total maximum daily load (TMDL) for those pollutants under the Federal Water Pollution Control Act . Makes eligible for grants the owners and operators of: (1) publicly owned treatment works or storm water management practices serving areas subject to the TMDLs, or (2) privately owned farms implementing methods to reduce discharges of those pollutants in those areas. Directs the Administrator to increase by 5 the civil penalty for violations of the Clean Water Act. Establishes the Impaired Waters Improvement Fund for making expenditures to carry out the grant program. Transfers for each of FY2015-FY2019 the amount attributable to the penalty increase or $100 million, whichever is less, to the Fund.","title":"Impaired Waters Improvement Act","text_len":8397,"sum_len":937} {"bill_id":"104_s941","text":"That this Act may be \ncited as the ``College Construction Loan Insurance Association \nPrivatization Act of 1995''.\n\n findings and purposes\n\n Sec. 2. (a) Findings.--The Congress finds that--\n (1) the College Construction Loan Insurance Association \n (hereinafter referred to as ``the Corporation'') was \n established by the Higher Education Amendments of 1986 (Public \n Law 99-498) in order to assist in financing the construction, \n reconstruction, renovation, acquisition, or purchase of \n postsecondary education facilities;\n (2) in order to attract initial investors and establish the \n Corporation as a viable corporate entity, the Secretary of \n Education was required by statute to purchase a minority equity \n interest in the Corporation;\n (3) it was the intent of Congress, in establishing the \n Corporation, that the Federal Government's ownership interest \n in the Corporation would eventually terminate through the sale \n of the stock of the Corporation owned by the Secretary of \n Education;\n (4) current statutory restrictions on the Corporation's \n business activities and organization impede the Corporation's \n efforts to operate effectively and to provide the services \n needed by educational institutions; and\n (5) eliminating all statutory restrictions on the \n Corporation's business activities, as well as other links \n between the Federal Government and the Corporation, would--\n (A) eliminate a Federal presence where the \n operation of market forces would be more suitable and \n contribute toward reducing the scope of Government;\n (B) improve the ability of the Corporation to \n provide assistance in the financing of education \n facilities; and\n (C) return funds to the United States Treasury.\n (b) Purposes.--The purposes of this Act are to--\n (1) terminate, in an orderly manner, the Corporation's \n financial and other connections to the United States \n Government; and\n (2) enable the Corporation to engage in any business or \n other activities for which corporations may be organized under \n the laws of any State of the United States or the District of \n Columbia.\n\n status of the corporation and corporate powers; obligations not \n federally guaranteed\n\n Sec. 3. (a) Status of the Corporation.--The Corporation shall not \nbe an agency, instrumentality, or establishment of the United States \nGovernment and shall not be a ``Government corporation'' nor a \n``Government controlled corporation'' as defined in section 103 of \ntitle 5, United States Code. No action under section 1491 of title 28, \nUnited States Code (commonly known as the Tucker Act) shall be \nallowable against the United States based on the actions of the \nCorporation.\n (b) Corporate Powers.--The Corporation shall be subject to the \nprovisions of this Act, and, to the extent not inconsistent with this \nAct, to the District of Columbia Business Corporation Act (or the \ncomparable law of another State, if applicable). The Corporation shall \nhave the powers conferred upon a corporation by the District of \nColumbia Business Corporation Act (or such other applicable State law) \nas from time to time in effect in order to conduct its affairs as a \nprivate, for-profit corporation and to carry out its purposes and \nactivities incidental thereto. The Corporation shall have the power to \nenter into contracts, to execute instruments, to incur liabilities, to \nprovide products and services, and to do all things as are necessary or \nincidental to the proper management of its affairs and the efficient \noperation of a private, for-profit business.\n (c) No Federal Guarantee.--\n (1) Obligations insured by the corporation.--\n (A) No obligation that is insured, guaranteed, or \n otherwise backed by the Corporation shall be deemed to \n be an obligation that is guaranteed by the full faith \n and credit of the United States.\n (B) No obligation that is insured, guaranteed, or \n otherwise backed by the Corporation shall be deemed to \n be an obligation that is guaranteed by the Student Loan \n Marketing Association.\n (C) This paragraph shall not affect the \n determination of whether such obligation is guaranteed \n for purposes of Federal income taxes.\n (2) Securities offered by the corporation.--No debt or \n equity securities of the Corporation shall be deemed to be \n guaranteed by the full faith and credit of the United States.\n (d) Definition.--The term ``Corporation'' as used in this Act shall \nrefer to the College Construction Loan Insurance Association as in \nexistence as of the day before enactment of this Act, and to any \nsuccessor corporation.\n\n related privatization requirements\n\n Sec. 4. (a) Notice Requirements.--\n (1) During the six-year period following the date of \n enactment of this Act, the Corporation shall include, in each \n of the Corporation's contracts for the insurance, guarantee, or \n reinsurance of obligations, and in each document offering debt \n or equity securities of the Corporation a prominent statement \n providing notice that--\n (A) such obligations or such securities, as the \n case may be, are not obligations of the United States, \n nor are they guaranteed in any way by the full faith \n and credit of the United States; and\n (B) the Corporation is not an instrumentality of \n the United States.\n (2) During the five-year period following the sale of stock \n pursuant to section 5(a), in addition to the notice \n requirements in paragraph (1), the Corporation shall include, \n in each of the contracts and documents referred to in such \n paragraph, a prominent statement providing notice that the \n United States is not an investor in the Corporation.\n (b) Corporate Charter.--The Corporation's charter shall be amended \nas necessary and without delay to conform to the requirements of this \nAct.\n (c) Corporate Name.--The name of the Corporation, or of any direct \nor indirect subsidiary thereof, may not contain the term ``College \nConstruction Loan Insurance Association'', or any substantially similar \nvariation thereof.\n (d) Transitional Requirements.--\n (1) Requirements until stock sale.--Notwithstanding section \n 6, the requirements of sections 754 and 760 of the Higher \n Education Act of 1965 (20 U.S.C. 1001 et seq., hereinafter \n referred to as ``the Act''), as in existence as of the day \n before enactment of this Act, shall continue to be effective \n until the day immediately following the date of closing of the \n purchase of the Secretary's stock (or the date of closing of \n the final purchase, in the case of multiple transactions) \n pursuant to section 5(a) of this Act.\n (2) Reports after stock sale.--The Corporation shall, not \n later than March 30 of the first full calendar year immediately \n following the sale pursuant to section 5(a), and each of the \n two succeeding years, submit to the Secretary of Education a \n report describing the Corporation's efforts to assist in the \n financing of education facilities projects, including projects\n for elementary, secondary, and postsecondary educational \ninstitution infrastructure, and detailing, on a project-by-project \nbasis, the Corporation's business dealings with educational \ninstitutions that are rated by a nationally recognized statistical \nrating organization at or below the organization's third highest \nrating.\n\n sale of federally-owned stock\n\n Sec. 5. (a) Sale of Stock Required.--The Secretary of the Treasury \nshall, upon the request of the Secretary of Education, make every \nappropriate effort to sell, pursuant to section 324 of title 31 of the \nUnited States Code, the voting common stock of the Corporation owned by \nthe Secretary of Education not later than one year after the date of \nenactment of this Act.\n (b) Purchase by the Corporation.--In the event that the Secretary \nof the Treasury is unable to sell the voting common stock, or any \nportion thereof, at a price acceptable to the Secretary of Education \nand the Secretary of the Treasury within the period specified in \nsubsection (a), the Corporation shall purchase such stock at a price \ndetermined by the Secretary of the Treasury, in consultation with the \nSecretary of Education, based on the independent appraisal of one or \nmore nationally recognized financial firms. Such firm or firms shall be \nselected by the Secretary of the Treasury in consultation with the \nSecretary of Education and the Corporation.\n (c) Reimbursement of Costs of Sale.--The Secretary of the Treasury \nshall be reimbursed from the proceeds of the sale of the stock under \nthis section for all reasonable costs related to such sale, including \nall reasonable expenses relating to one or more independent appraisals \nunder this section.\n (d) Assistance by the Corporation.--The Corporation shall provide \nsuch assistance as the Secretary of the Treasury and the Secretary of \nEducation may require to facilitate the sale of the stock under this \nsection.\n\n repeal of statutory restrictions and related provisions\n\n Sec. 6. Part D of Title VII of the Higher Education Act of 1965 (20 \nU.S.C. 1001 et seq.) is repealed.","summary":"College Construction Loan Insurance Association Privatization Act of 1995 - Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under the Higher Education Act of 1965.","title":"College Construction Loan Insurance Association Privatization Act of 1995","text_len":10024,"sum_len":297} {"bill_id":"112_s1657","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sport Fish Restoration and \nRecreational Boating Safety Act of 2011''.\n\nSEC. 2. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Federal Aid in Fish \nRestoration Act (16 U.S.C. 777 et seq.).\n\nSEC. 3. DIVISION OF ANNUAL APPROPRIATIONS.\n\n Section 4 (16 U.S.C. 777c) is amended--\n (1) in subsection (a), by striking ``of fiscal years 2006 \n through 2011,'' and inserting ``fiscal year through 2017,'';\n (2) in subsection (b)(1)--\n (A) in subparagraph (A), by striking ``of fiscal \n years 2006 through 2011,'' and inserting ``fiscal year \n through 2017,'';\n (B) in subparagraph (B)--\n (i) in clause (i), by striking ``each of \n fiscal years 2001 and 2002, $9,000,000;'' and \n inserting ``fiscal year 2012, $11,481,000;'';\n (ii) in clause (ii), by striking ``2003, \n $8,212,000;'' and inserting ``2013, \n $11,870,000;''; and\n (iii) in clause (iii), by striking ``2004'' \n and inserting ``2014''; and\n (C) by adding at the end the following:\n ``(C) Set-aside for boating safety.--\n ``(i) From the annual appropriation made in \n accordance with section 3, for each fiscal year \n through 2017, the Secretary shall transfer to \n the Secretary of the department in which the \n Coast Guard is operating--\n ``(I) $6,500,000 for the purposes \n set forth in section 13107(c) of title \n 46, United States Code;\n ``(II) $200,000 to fund the \n National Boating Safety Advisory \n Council established under section 13110 \n of Title 46, United States Code; and\n ``(III) not less than $6,000,000 \n for national boating safety activities \n of national nonprofit public service \n organizations, and such sums made \n available for allocation and \n distribution shall remain available \n until expended.\n ``(ii) The amounts specified in clause (i) \n for a fiscal year may not be included in the \n amount of the annual appropriation distributed \n under subsection (a) for the fiscal year.'';\n (3) in subsection (b)(2)(B), by striking ``subsection (e)'' \n and inserting ``subsection (c)''; and\n (4) in subsection (e)--\n (A) in paragraph (1), by striking ``those \n subsections'' and inserting ``those paragraphs'';\n (B) by amending paragraph (2) to read as follows:\n ``(2) Maximum amount.--For fiscal year 2012, the Secretary \n of the Interior may use not more than $1,200,000 in accordance \n with paragraph (1). For each fiscal year thereafter, the \n maximum amount that the Secretary of the Interior may use in \n accordance with paragraph (1) shall be determined pursuant to \n paragraph (3).''; and\n (C) by adding at the end the following:\n ``(3) Annual adjusted maximum amount.--The maximum amount \n referred to in paragraph 2 for fiscal year 2013 and each fiscal \n year thereafter shall be the sum of--\n ``(A) the available maximum amount for the \n preceding fiscal year; and\n ``(B) the amount determined by multiplying--\n ``(i) the available maximum amount for the \n preceding fiscal year; and\n ``(ii) the change, relative to the \n preceding fiscal year, in the Consumer Price \n Index for All Urban Consumers published by the \n Department of Labor.''.\n\nSEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND.\n\n Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended \nby striking ``2011,'' and inserting ``2017,''.\n\nSEC. 5. RECREATIONAL BOATING SAFETY.\n\n Section 13107 of title 46, United States Code, is amended--\n (1) in subsection (a)(2), by striking ``two'' and inserting \n ``1.5''; and\n (2) in subsection (c)(1)--\n (A) by striking ``subsection (a)(2)'' and inserting \n ``subsection (b)'';\n (B) by striking ``(16 U.S.C. 777c(a)(2)),'' and \n inserting ``(16 U.S.C. 777c(b)),''; and\n (C) by striking ``$5,500,000'' and inserting \n ``$6,500,000''.\n ","summary":"Sport Fish Restoration and Recreational Boating Safety Act of 2011 - Amends the Federal Aid in Fish Restoration Act to maintain through FY2017 the existing percentages of annual Sport Fish Restoration and Boating Trust Fund appropriations distributed to: (1) the Secretary of the Interior for coastal wetlands distributions, the Clean Vessel Act, boating infrastructure, and national outreach and communications. And (2) the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs. Sets forth, through FY2017, separate set-aside amounts for: (1) the Secretary of the Interior for administration expenses of the Dingell-Johnson Sport Fish Restoration Act. And (2) the Secretary of the department in which the Coast Guard is operating for national recreational boating safety personnel and activities, the National Boating Safety Advisory Council, and national nonprofit boating safety public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions until March 5, 2017. Revises the formulas for apportioning unobligated amounts among states and paying the costs of administering recreational boating safety programs.","title":"A bill to amend the provisions of law relating to sport fish restoration and recreational boating safety, and for other purposes.","text_len":6083,"sum_len":1218} {"bill_id":"112_hr6246","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Verifying Official Totals for \nElections Act''.\n\nSEC. 2. DEPOSIT OF ELECTION-DEDICATED VOTING SYSTEM TECHNOLOGY IN \n NATIONAL SOFTWARE REFERENCE LIBRARY.\n\n (a) Deposit Required; Conditions for Disclosure.--Section 301(a) of \nthe Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by \nadding at the end the following new paragraph:\n ``(7) Prohibiting use of election-dedicated voting system \n technologies not deposited with national software reference \n library; disclosure requirements.--\n ``(A) Prohibition.--\n ``(i) In general.--A voting system used in \n an election for Federal office in a State may \n not at any time during the election contain or \n use any election-dedicated voting system \n technology which is not deposited by the State \n (or, at the option of the State, by the vendor \n of the technology) with the National Software \n Reference Library of the National Institute of \n Standards and Technology prior to the date of \n the election, to be held in escrow and subject \n to disclosure in accordance with subparagraph \n (B).\n ``(ii) Extension of deadline for deposit.--\n If the chief State election official certifies \n to the Director of the National Institute of \n Standards and Technology prior to the date of \n the election that, because of a revision to the \n election-dedicated voting system technology \n which is made less than 30 days prior to the \n date of the election, the State or vendor is \n unable to deposit the technology in accordance \n with clause (i) prior to the date of the \n election, the voting system used in the \n election may contain or use the technology if--\n ``(I) the chief State election \n official approves the use of the \n technology for the election; and\n ``(II) the State or vendor deposits \n the technology in accordance with \n clause (i) not later than 1 week after \n the date of the election.\n ``(iii) Enforcement of vendor \n responsibilities.--If a State opts to require \n the vendor of election-dedicated voting system \n technology to deposit the technology in \n accordance with this subparagraph and the \n vendor fails to do so, the Attorney General may \n bring a civil action against the vendor in an \n appropriate district court for such relief as \n may be appropriate, including injunctive relief \n or an order for a civil penalty in an amount \n not to exceed $500,000.\n ``(B) Requirement for disclosure and limitation on \n restricting disclosure.--With respect to any election-\n dedicated voting system technology which is deposited \n under subparagraph (A), the Director of the National \n Institute of Standards and Technology shall--\n ``(i) hold the technology in escrow; and\n ``(ii) disclose technology and information \n regarding the technology to another person if--\n ``(I) the person is a qualified \n person described in subparagraph (C) \n who has entered into a nondisclosure \n agreement with respect to the \n technology which meets the requirements \n of subparagraph (D); or\n ``(II) the Director is permitted or \n required to disclose the technology to \n the person under the law of the \n applicable State, in accordance with \n the terms and conditions applicable \n under such law.\n ``(C) Qualified persons described.--With respect to \n the disclosure of election-dedicated voting system \n technology under subparagraph (B)(ii)(I), a `qualified \n person' is any of the following:\n ``(i) A governmental entity with \n responsibility for the administration of voting \n and election-related matters in elections for \n Federal office, for purposes of reviewing, \n analyzing, or reporting on the technology.\n ``(ii) If permitted under a court order, a \n party to post-election litigation challenging \n the result of an election or the administration \n or use of the technology used in an election, \n but only to the extent permitted under the \n terms and conditions of such court order.\n ``(iii) A person who reviews, analyzes, or \n reports on the technology solely for an \n investigation or inquiry concerning the \n accuracy or integrity of the technology \n pursuant to clause (i) or (ii).\n ``(D) Requirements for nondisclosure agreements.--A \n nondisclosure agreement entered into with respect to an \n election-dedicated voting system technology meets the \n requirements of this subparagraph if the agreement--\n ``(i) is limited in scope to coverage of \n the technology disclosed under subparagraph (B) \n and any trade secrets and intellectual property \n rights related thereto;\n ``(ii) does not prohibit a signatory from \n entering into other nondisclosure agreements to \n review other technologies under this paragraph;\n ``(iii) exempts from coverage both \n information the signatory lawfully obtained \n from another source and information in the \n public domain;\n ``(iv) remains in effect for not longer \n than the life of any trade secret or other \n intellectual property right related thereto;\n ``(v) prohibits the request or use of \n injunctions that bar a signatory from carrying \n out any activity authorized under subparagraph \n (C), including injunctions limited to the \n period prior to a judicial proceeding involving \n the technology;\n ``(vi) is silent as to damages awarded for \n breach of the agreement, other than a reference \n to damages available under applicable law;\n ``(vii) allows disclosure of evidence \n relating to possible criminal conduct or other \n violations of law, including in response to a \n subpoena or warrant;\n ``(viii) allows disclosures and testimony \n to legislative branch authorities, judicial \n proceedings, and executive branch \n investigations in response to a subpoena or \n warrant or as otherwise provided by law; and\n ``(ix) provides that the agreement shall be \n governed by the trade secret laws of the \n applicable State.\n ``(E) Election-dedicated voting system technology \n defined.--For purposes of this paragraph:\n ``(i) In general.--The term `election-\n dedicated voting system technology' means the \n following:\n ``(I) The source code used for the \n trusted build and the file signatures \n for the trusted build.\n ``(II) A complete disk image of the \n pre-build, build environment, and any \n file signatures to validate that it is \n unmodified.\n ``(III) A complete disk image of \n the post-build, build environment, and \n any file signatures to validate that it \n is unmodified.\n ``(IV) All executable code produced \n by the trusted build and any file \n signatures to validate that it is \n unmodified.\n ``(V) Installation devices and \n software file signatures.\n ``(ii) Exclusion.--Such term does not \n include `commercial-off-the-shelf' software and \n hardware defined under the voluntary voting \n system guidelines adopted by the Commission \n under section 222 which are in effect as of the \n date of the election involved.\n ``(F) Trusted build defined.--For purposes of this \n paragraph, the term `trusted build' means a witnessed \n software build in which source code is converted to \n machine-readable binary instructions (executable code) \n in a manner providing security measures that help \n ensure that the executable code is a verifiable and \n faithful representation of the source code.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to elections occurring during 2013 or any succeeding year.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL INSTITUTE OF \n STANDARDS AND TECHNOLOGY.\n\n There are authorized to be appropriated to the National Institute \nof Standards and Technology for each fiscal year such sums as may be \nnecessary to enable the Institute, including the National Software \nReference Library of the Institute, to carry out paragraph (7) of \nsection 301(a) of the Help America Vote Act of 2002, as added by \nsection 2(a).","summary":"Verifying Official Totals for Elections Act - Amends the Help America Vote Act of 2002 to prohibit a voting system used in a federal election from containing or using any election-dedicated voting system technology which is not deposited by the state with the National Software Reference Library of the National Institute of Standards and Technology (NIST) before the election. Requires the Director of NIST to: (1) hold the technology in escrow. And (2) disclose it and information about it to a qualified person who has entered into a nondisclosure agreement with respect to it, or to whom the Director is permitted or required to disclose the technology under state law.","title":"To amend the Help America Vote Act of 2002 to require the deposit in the National Software Reference Library of the National Institute of Standards and Technology of a copy of any election-dedicated voting system technology used in the operation of a voting system for an election for Federal office, to establish the conditions under which the Director of the National Institute of Standards and Technology may disclose the technology and information regarding the technology to other persons, and for other purposes.","text_len":11694,"sum_len":673} {"bill_id":"109_hr2068","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Meat Promotion Act of 2005''.\n\nSEC. 2. VOLUNTARY PROGRAM FOR COUNTRY OF ORIGIN LABELING FOR MEAT.\n\n (a) Establishment.--The Agricultural Marketing Act of 1946 (7 \nU.S.C. 1621 et seq.) is amended by adding at the end the following:\n\n ``Subtitle E--Country of Origin Labeling for Meat\n\n``SEC. 291. DEFINITIONS.\n\n ``In this subtitle:\n ``(1) Beef.--The term `beef' means meat produced from \n cattle (including veal).\n ``(2) Covered meat product.--The term `covered meat \n product' means ground beef, ground pork, ground lamb, and fresh \n muscle cuts of beef, pork, and lamb.\n ``(3) Lamb.--The term `lamb' means meat produced from \n sheep.\n ``(4) Pork.--The term `pork' means meat produced from \n swine.\n ``(5) Secretary.--The term `Secretary' means the Secretary \n of Agriculture.\n\n``SEC. 292. VOLUNTARY PROGRAM.\n\n ``The Secretary of Agriculture shall establish a voluntary program \nof country of origin labeling for covered meat products.\n\n``SEC. 293. LABEL.\n\n ``For purposes of the program established under section 292, the \nSecretary shall--\n ``(1) design a label to be used to designate the country of \n origin of covered meat products; and\n ``(2) require persons participating in the program to use \n the label designed under paragraph (1), or such other label as \n the Secretary determines appropriate, to designate the country \n of origin of covered meat products.\n\n``SEC. 294. LIMITATION ON USE OF UNITED STATES AS COUNTRY OF ORIGIN.\n\n ``A person participating in the program established under section \n292 may not designate a covered meat product as having the United \nStates as the country of origin unless the covered meat product is \nderived exclusively from--\n ``(1) an animal born, raised, and slaughtered in the United \n States; or\n ``(2) an animal born and raised in Alaska or Hawaii, \n transported for a period not to exceed 60 days outside of those \n States, and slaughtered in the United States.\n\n``SEC. 295. VERIFICATION.\n\n ``The Secretary may require participants in the program established \nunder section 292 to maintain a recordkeeping audit trail that will \npermit the Secretary to verify compliance with the program.\n\n``SEC. 296. ENFORCEMENT.\n\n ``(a) Civil Penalty.--\n ``(1) Assessment.--The Secretary may assess a civil penalty \n against a participant in the program established under section \n 292 that purposely or knowingly violates the terms of the \n program.\n ``(2) Amount of penalty.--The amount of the civil penalty \n assessed under paragraph (1) may not exceed $10,000 for each \n violation.\n ``(3) Continuing violation.--Each day during which a \n violation of the program continues shall be considered to be a \n separate violation.\n ``(b) Notice and Hearing.--The Secretary shall not assess a civil \npenalty under this section against a person unless the person is given \nnotice and opportunity for a hearing in accordance with section 554 of \ntitle 5, United States Code, with respect to the violation for which \nthe person is being assessed.\n\n``SEC. 297. REGULATIONS.\n\n ``Not later than 180 days after the date of the enactment of the \nMeat Promotion Act of 2005, the Secretary shall promulgate regulations \nto carry out the program established under section 292.''.\n (b) Conforming Amendments.--Subtitle D of the Agricultural \nMarketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended--\n (1) in the heading to read as follows:\n\n ``Subtitle D--Country of Origin Labeling for Fish, Perishable \n Agricultural Commodities, and Peanuts''.\n\n (2) in section 281--\n (A) by striking paragraphs (1), (5), and (7);\n (B) in paragraph (2)(A)--\n (i) by striking clauses (i) and (ii); and\n (ii) by redesignating clauses (iii), (iv), \n (v), and (vi) as clauses (i), (ii), (iii), and \n (iv), respectively; and\n (C) by redesignating paragraphs (2), (3), (4), (6), \n (8), and (9) as paragraphs (1), (2), (3), (4), (5), and \n (6), respectively; and\n (3) in section 282--\n (A) in subsection (a)(2)--\n (i) by striking subparagraphs (A) and (B); \n and\n (ii) by redesignating subparagraphs (C), \n (D), and (E) as subparagraphs (A), (B), and \n (C), respectively; and\n (B) in subsection (f)(2)--\n (i) by striking subparagraphs (A), (B), and \n (C); and\n (ii) by redesignating subparagraphs (D) and \n (E) as subparagraphs (A) and (B).","summary":"Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels, and (2) civil penalties for program violations.","title":"To amend the Agricultural Marketing Act of 1946 to establish a voluntary program for country of origin labeling of meat, and for other purposes.","text_len":5111,"sum_len":349} {"bill_id":"114_hr5542","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid and CHIP Quality \nImprovement Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Despite the fact that Federal and State governments \n spend hundreds of billions of dollars every year on care for \n Americans through the Medicaid and CHIP programs, there is no \n nationwide, systematic method of reporting, collecting, \n evaluating, or improving the quality of care across all payment \n and delivery systems (fee-for-service, managed care, primary \n care case management, or other mechanisms).\n (2) Although the quality of care delivered through Medicaid \n health plans is frequently measured, there is no method or \n mechanism to systematically improve the quality of care \n provided to all Medicaid and CHIP beneficiaries.\n (3) For the majority of Medicaid and CHIP enrollees who are \n served by primary care case management or fee-for-service \n arrangements, there are no Federal requirements for comparable \n quality monitoring or improvement. Thus there currently is no \n ability to make fair assessments across all modes of care for \n Medicaid and CHIP enrollees.\n (4) State flexibility and the resulting opportunities for \n innovation are hallmarks of the partnership between Federal and \n State governments in the Medicaid and CHIP programs. Without a \n way to systematically measure quality, however, policymakers \n cannot know which innovations are the most effective.\n\nSEC. 3. MEASURING AND REPORTING ON COMPARABLE HEALTH CARE QUALITY \n MEASURES FOR ALL PERSONS ENROLLED IN MEDICAID.\n\n (a) Quality Assurance Standards.--Section 1932(c)(1)(A) of the \nSocial Security Act (42 U.S.C. 1396u-2(c)(1)(A)) is amended by \ninserting ``or comparable primary care case management services \nproviders described in section 1905(t) as well as health care services \nfurnished in fee-for-service settings or other delivery systems'' after \n``1903(m)''.\n (b) Adult Health Quality Measures.--Section 1139B of the Social \nSecurity Act (42 U.S.C. 1320b-9b) is amended--\n (1) in subsection (b)--\n (A) by redesignating paragraphs (4) and (5) as \n paragraphs (5) and (6), respectively; and\n (B) by inserting after paragraph (3), the \n following:\n ``(4) Quality reporting for medicaid eligible adults.--\n Beginning not later than January 1 of the calendar year that \n begins on or after the date that is 2 years after the date of \n enactment of the Medicaid and CHIP Quality Improvement Act of \n 2016, and annually thereafter, the Secretary shall require \n States to use the measures and approaches identified in \n paragraph (3) to report on the initial core set of quality \n measures for Medicaid eligible adults identified in paragraph \n (2), subject to revisions made in accordance with paragraph \n (6)(B). Such reporting shall be stratified by delivery system, \n including managed care organizations under section 1932, \n benchmark plans under section 1937, primary care case \n management services providers described in section 1905(t), \n health care services in fee-for-service settings, and other \n delivery systems, except that the Secretary may determine that \n reporting on certain measures should not be stratified by \n delivery system because such stratification would not be \n feasible or the delivery systems are not comparable with \n respect to the application of such measures. In addition to the \n stratification required under the previous sentence, the \n Secretary shall have the discretion to further stratify \n reporting on certain measures based on factors such as \n eligibility category, income level, or other differentiating \n factors that could have an impact on the comparability of the \n measure.''; and\n (2) in subsection (d)--\n (A) in paragraph (1)(A), by striking ``under the \n such plan'' and all that follows through ``subsection \n (a)(5)'' and inserting ``under such plan or waiver, \n including measures described in subsection (b)(2), \n subject to revisions made in accordance with subsection \n (b)(6)(B)'';\n (B) in paragraph (1)(B), by inserting ``, or \n comparable primary care case management services \n providers described in section 1905(t), as well as \n health care services furnished in fee-for-service \n settings or other delivery systems'' after ``section \n 1937''; and\n (C) in paragraph (2), by inserting before the \n period the following: ``, including analysis of \n comparable quality measures for Medicaid eligible \n adults who receive their health services through \n managed care, primary care case management, and fee-\n for-service settings or other delivery systems''.\n (c) Pediatric Health Care Measures.--\n (1) In general.--Section 1139A of the Social Security Act \n (42 U.S.C. 1320b-9a) is amended--\n (A) in subsection (a)--\n (i) by redesignating paragraphs (5) through \n (8) as paragraphs (6) through (9), \n respectively; and\n (ii) by inserting after paragraph (4), the \n following:\n ``(5) Reporting of pediatric health care measures.--\n Beginning not later than January 1 of the calendar year that \n begins on or after the date that is 2 years after the date of \n enactment of the Medicaid and CHIP Quality Improvement Act of \n 2016, and annually thereafter, the Secretary shall require \n States to use the measures and approaches identified in \n paragraph (4) to report on the initial core child health care \n quality measures established under this subsection and as such \n measures subsequently are updated under subsection (b)(5). Such \n reporting shall be stratified by delivery system, including \n managed care organizations under section 1932, benchmark plans \n under sections 1937 and 2103, primary care case management \n services providers described in section 1905(t), health care \n services in fee-for-service settings, and other delivery \n systems, except that the Secretary may determine that reporting \n on certain measures should not be stratified by delivery system \n because such stratification would not be feasible or the \n delivery systems are not comparable with respect to the \n application of such measures. In addition to the stratification \n required under the previous sentence, the Secretary shall have \n the discretion to further stratify reporting on certain \n measures based on factors such as eligibility category, income \n level, or other differentiating factors that could have an \n impact on the comparability of the measure.''; and\n (B) in subsection (c)--\n (i) in paragraph (1)(A), by striking \n ``measures described in subparagraphs (A) and \n (B) of subsection (a)(6)'' and inserting ``the \n core measures described in subsection (a), as \n revised in accordance with subsection (b)(5)'';\n (ii) in paragraph (1)(B), by inserting \n before the period the following: ``, or \n comparable primary care case management \n services providers described in section \n 1905(t), as well as healthcare services \n furnished in fee-for-service settings or other \n delivery systems''; and\n (iii) in paragraph (2), by inserting before \n the period the following: ``, including \n analysis of comparable quality measures for \n children eligible for medical assistance under \n title XIX or child health assistance under \n title XXI who receive their health services \n through managed care, primary care case \n management, and fee-for-service settings or \n other delivery systems''.\n (2) Effective date.--The amendments made by this subsection \n shall take effect as if included in the enactment of section \n 1139A of the Social Security Act, as added by section 401(a) of \n the Children's Health Insurance Program Reauthorization Act of \n 2009 (Public Law 111-3).\n\nSEC. 4. PERFORMANCE BONUSES FOR SIGNIFICANT ACHIEVEMENT IN MEDICAID AND \n CHIP QUALITY PERFORMANCE.\n\n Section 1903 of the Social Security Act (42 U.S.C. 1396b) is \namended by adding at the end the following new subsection:\n ``(aa) Performance Bonus for Quality Performance Achievement.--\n ``(1) In general.--The Secretary shall establish a Medicaid \n Quality Performance Bonus fund for awarding performance bonuses \n to States for high attainment and improvement on a core set of \n quality measures related to the goals and purposes of the \n Medicaid program under this title.\n ``(2) Quality performance bonus methodology.--Not later \n than 3 years after the date of enactment of the Medicaid and \n CHIP Quality Improvement Act of 2016, the Secretary shall \n establish a methodology for awarding Medicaid quality \n performance bonuses to States not less than annually in \n accordance with paragraph (3) and subject to the availability \n of appropriations. Medicaid quality performance bonuses shall \n be awarded on the basis of the annual State reports required \n under sections 1139A and 1139B and in accordance with \n regulations promulgated by the Secretary.\n ``(3) Quality performance measurement bonuses.--Medicaid \n quality performance bonuses shall be awarded to the following \n 10 States:\n ``(A) The top 5 States achieving the designation of \n superior quality performing State under criteria \n established by the Secretary.\n ``(B) The 5 States that--\n ``(i) are not among the States described in \n subparagraph (A); and\n ``(ii) demonstrate the greatest relative \n level of annual improvement in quality \n performance under criteria established by the \n Secretary.\n ``(4) Initial appropriation.--\n ``(A) In general.--The total amount of Medicaid \n quality performance bonuses made under this subsection \n for all fiscal years shall be equal to $500,000,000, to \n be available until expended.\n ``(B) Budget authority.--This paragraph constitutes \n budget authority in advance of appropriations Acts and \n represents the obligation of the Secretary to provide \n for the payment of amounts provided under this \n paragraph.\n ``(5) Use of quality performance bonus funds.--\n ``(A) Designation for quality improvement \n activities.--As a condition of receiving a Medicaid \n quality performance bonus under this subsection, a \n State shall agree to designate at least 75 percent of \n the bonus funds paid to the State under this subsection \n for a fiscal year for the development and operation of \n quality-related initiatives that will directly benefit \n providers or managed care entities participating in the \n State plan under this title or under a waiver of such \n plan, including--\n ``(i) pay-for-performance programs;\n ``(ii) collaboration initiatives that have \n been demonstrated to improve performance on \n quality;\n ``(iii) quality improvement initiatives, \n including those aimed at improving care for \n special and hard-to-reach populations, and \n those directed to managed care entities; and\n ``(iv) such other Secretary-approved \n activities and initiatives that a State may \n pursue to encourage quality improvement and \n patient-focused high value care.\n ``(B) State option to establish criteria.--A State \n may establish criteria for the State performance \n program carried out under subparagraph (A) that limits \n the award to a particular provider or entity type, that \n limits application to a specific geographic area, or \n that directs incentive programs for quality-related \n activities for specific populations, including \n individuals eligible under this title and title XVIII \n and hard-to-reach populations.\n ``(C) Remaining bonus funds.--A State may designate \n up to 25 percent of the bonus funds paid to the State \n under this subsection for a fiscal year for activities \n related to the goals and purposes of the State program \n under this title.''.","summary":"Medicaid and Chip Quality Improvement Act of 2016 This bill amends titles XI and XIX (Medicaid) of the Social Security Act to expand reporting requirementsnbsp, with respect to the quality of care providednbsp. Under Medicaid and the Children's Health Insurance Program (CHIP). Current law requires a state that contracts with a Medicaid managed organizationnbsp. To develop and implement a quality assessment and improvement strategy. The bill extends this requirement to state contracts with providers ofnbsp, comparable primary care case management servicesnbsp, and othernbsp. Health care services under Medicaid. With respect to adults eligible for Medicaid and children enrolled in Medicaid ornbsp. CHIP, a state must report annually on quality measures identified by the Centers for Medicare amp. Medicaid Services (CMS). Such reporting shall be stratified by service delivery system. CMS shall establish a Medicaid Quality Performance Bonus fund to award states for high attainment and improvement onnbsp. A core set of quality measures. A state must designate at least 75 of any bonus funds for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in, or under a waiver of, the state plan for medical assistance. A state may usenbsp, the remainder of suchnbsp. Funds for activities related to the goals and purposes of the state plan.","title":"Medicaid and CHIP Quality Improvement Act of 2016","text_len":14324,"sum_len":1427} {"bill_id":"103_hr4950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Jobs Through Trade Expansion Act of \n1994''.\n\n TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION\n\nSEC. 101. RAISING CEILING ON INSURANCE.\n\n Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting \n``$13,500,000,000''.\n\nSEC. 102. RAISING CEILING ON FINANCING.\n\n Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(2)) is amended to read as follows:\n ``(2) Financing.--(A) The maximum contingent liability \n outstanding at any one time pursuant to financing issued under \n subsections (b) and (c) of section 234 shall not exceed in the \n aggregate $9,500,000,000.\n ``(B) Subject to spending authority provided in appropriations \n Acts pursuant to section 504(b) of the Federal Credit Reform Act of \n 1990, the Corporation is authorized to transfer such sums as are \n necessary from its noncredit activities to pay for the subsidy cost \n of the investment guaranties and direct loan programs under \n subsections (b) and (c) of section 234.''.\n\nSEC. 103. EXTENDING ISSUING AUTHORITY.\n\n Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''.\n\nSEC. 104. ADMINISTRATIVE EXPENSES.\n\n Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) \nis amended by striking subsection (g).\n\nSEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES.\n\n Paragraph (2) of the second undesignated paragraph of section 231 \nof the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by \ninserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, \nIreland, and Northern Ireland''.\n\n TITLE II--TRADE AND DEVELOPMENT AGENCY\n\nSEC. 201. TRADE AND DEVELOPMENT AGENCY.\n\n Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2421(f)(1)) is amended--\n (1) by striking ``There are authorized'' and inserting ``(A) \n There are authorized'';\n (2) by striking ``$55,000,000'' and all that follows and \n inserting ``$77,000,000 for fiscal year 1995 and such sums as are \n necessary for fiscal year 1996.''; and\n (3) by adding at the end the following new subparagraph:\n ``(B) Amounts appropriated pursuant to the authorization of \n appropriations under subparagraph (A) are authorized to remain \n available until expended.''.\n\n TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE \n ADMINISTRATION\n\nSEC. 301. EXPORT PROMOTION AUTHORIZATION.\n\n Section 202 of the Export Administration Amendments Act of 1985 (15 \nU.S.C. 4052) is amended to read as follows:\n\n``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Department of \nCommerce to carry out export promotion programs such sums as are \nnecessary for fiscal years 1995 and 1996.''.\n\n TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS\n\nSEC. 401. SHORT TITLE.\n\n This title may be cited as the ``Environmental Export Promotion Act \nof 1994''.\n\nSEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS.\n\n (a) Environmental Technologies Trade Advisory Committee.--Section \n2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is \namended--\n (1) by striking subsection (d);\n (2) by redesignating subsection (c) as subsection (e); and\n (3) by inserting after subsection (b) the following:\n ``(c) Environmental Technologies Trade Advisory Committee.--\n ``(1) Establishment and purpose.--The Secretary, in carrying \n out the duties of the chairperson of the TPCC, shall establish the \n Environmental Technologies Trade Advisory Committee (hereafter in \n this section referred to as the `Committee'). The purpose of the \n Committee shall be to provide advice and guidance to the Working \n Group in the development and administration of programs to expand \n United States exports of environmental technologies, goods, and \n services and products that comply with United States environmental, \n safety, and related requirements.\n ``(2) Membership.--The members of the Committee shall be drawn \n from representatives of--\n ``(A) environmental businesses, including small businesses;\n ``(B) trade associations in the environmental sector;\n ``(C) private sector organizations involved in the \n promotion of environmental exports, including products that \n comply with United States environmental, safety, and related \n requirements;\n ``(D) States (as defined in section 2301(i)(5)) and \n associations representing the States; and\n ``(E) other appropriate interested members of the public, \n including labor representatives.\n The Secretary shall appoint as members of the Committee at least 1 \n individual under each of subparagraphs (A) through (E).\n ``(d) Export Plans for Priority Countries.--\n ``(1) Priority country identification.--The Working Group, in \n consultation with the Committee, shall annually assess which \n foreign countries have markets with the greatest potential for the \n export of United States environmental technologies, goods, and \n services. Of these countries the Working Group shall select as \n priority countries 5 with the greatest potential for the \n application of United States Government export promotion resources \n related to environmental exports.\n ``(2) Export plans.--The Working Group, in consultation with \n the Committee, shall annually create a plan for each priority \n country selected under paragraph (1), setting forth in detail ways \n to increase United States environmental exports to such country. \n Each such plan shall--\n ``(A) identify the primary public and private sector \n opportunities for United States exporters of environmental \n technologies, goods, and services in the priority country;\n ``(B) analyze the financing and other requirements for \n major projects in the priority country which will use \n environmental technologies, goods, and services, and analyze \n whether such projects are dependent upon financial assistance \n from foreign countries or multilateral institutions; and\n ``(C) list specific actions to be taken by the member \n agencies of the Working Group to increase United States exports \n to the priority country.''.\n (b) Additional Mechanisms To Promote Environmental Exports.--\nSection 2313 of the Export Enhancement Act of 1988 is further amended \nby adding at the end the following:\n ``(f) Environmental Technologies Specialists in the United States \nand Foreign Commercial Service.--\n ``(1) Assignment of environmental technologies specialists.--\n The Secretary shall assign a specialist in environmental \n technologies to the office of the United States and Foreign \n Commercial Service in each of the 5 priority countries selected \n under subsection (d)(1), and the Secretary is authorized to assign \n such a specialist to the office of the United States and Foreign \n Commercial Service in any country that is a promising market for \n United States exports of environmental technologies, goods, and \n services. Such specialist may be an employee of the Department, an \n employee of any relevant United States Government department or \n agency assigned on a temporary or limited term basis to the \n Commerce Department, or a representative of the private sector \n assigned to the Department of Commerce.\n ``(2) Duties of environmental technologies specialists.--Each \n specialist assigned under paragraph (1) shall provide export \n promotion assistance to United States environmental businesses, \n including, but not limited to--\n ``(A) identifying factors in the country to which the \n specialist is assigned that affect the United States share of \n the domestic market for environmental technologies, goods, and \n services, including market barriers, standards-setting \n activities, and financing issues;\n ``(B) providing assessments of assistance by foreign \n governments that is provided to producers of environmental \n technologies, goods, and services in such countries in order to \n enhance exports to the country to which the specialist is \n assigned, the effectiveness of such assistance on the \n competitiveness of United States products, and whether \n comparable United States assistance exists;\n ``(C) training Foreign Commercial Service Officers in the \n country to which the specialist is assigned, other countries in \n the region, and United States and Foreign Commercial Service \n offices in the United States, in environmental technologies and \n the international environmental market;\n ``(D) providing assistance in identifying potential \n customers and market opportunities in the country to which the \n specialist is assigned;\n ``(E) providing assistance in obtaining necessary business \n services in the country to which the specialist is assigned;\n ``(F) providing information on environmental standards and \n regulations in the country to which the specialist is assigned;\n ``(G) providing information on all United States Government \n programs that could assist the promotion, financing, and sale \n of United States environmental technologies, goods, and \n services in the country to which the specialist is assigned; \n and\n ``(H) promoting the equal treatment of United States \n environmental, safety, and related requirements, with those of \n other exporting countries, in order to promote exports of \n United States-made products.\n ``(g) Environmental Training in One-Stop Shops.--In addition to the \ntraining provided under subsection (f)(2)(C), the Secretary shall \nestablish a mechanism to train--\n ``(1) Commercial Service Officers assigned to the one-stop \n shops provided for in section 2301(b)(8), and\n ``(2) Commercial Service Officers assigned to district offices \n in districts having large numbers of environmental businesses,\nin environmental technologies and in the international environmental \nmarketplace, and ensure that such officers receive appropriate training \nunder such mechanism. Such training may be provided by officers or \nemployees of the Department of Commerce, and other United States \nGovernment departments and agencies, with appropriate expertise in \nenvironmental technologies and the international environmental \nworkplace, and by appropriate representatives of the private sector.\n ``(h) International Regional Environmental Initiatives.--\n ``(1) Establishment of initiatives.--The TPCC may establish one \n or more international regional environmental initiatives the \n purpose of which shall be to coordinate the activities of Federal \n departments and agencies in order to build environmental \n partnerships between the United States and the geographic region \n outside the United States for which such initiative is established. \n Such partnerships shall enhance environmental protection and \n promote sustainable development by using in the region technical \n expertise and financial resources of United States departments and \n agencies that provide foreign assistance and by expanding United \n States exports of environmental technologies, goods, and services \n to that region.\n ``(2) Activities.--In carrying out each international regional \n environmental initiative, the TPCC shall--\n ``(A) support, through the provision of foreign assistance, \n the development of sound environmental policies and practices \n in countries in the geographic region for which the initiative \n is established, including the development of environmentally \n sound regulatory regimes and enforcement mechanisms;\n ``(B) identify and disseminate to United States \n environmental businesses information regarding specific \n environmental business opportunities in that geographic region;\n ``(C) coordinate existing Federal efforts to promote \n environmental exports to that geographic region, and ensure \n that such efforts are fully coordinated with environmental \n export promotion efforts undertaken by the States and the \n private sector;\n ``(D) increase assistance provided by the Federal \n Government to promote exports from the United States of \n environmental technologies, goods, and services to that \n geographic region, such as trade missions, reverse trade \n missions, trade fairs, and programs in the United States to \n train foreign nationals in United States environmental \n technologies; and\n ``(E) increase high-level advocacy by United States \n Government officials (including the United States ambassadors \n to the countries in that geographic region) for United States \n environmental businesses seeking market opportunities in that \n geographic region.\n ``(i) Environmental Technologies Project Advocacy Calendar and \nInformation Dissemination Program.--The Working Group shall--\n ``(1) maintain a calendar, updated at the end of each calendar \n quarter, of significant opportunities for United States \n environmental businesses in foreign markets and trade promotion \n events, which shall--\n ``(A) be made available to the public;\n ``(B) identify the 50 to 100 environmental infrastructure \n and procurement projects in foreign markets that have the \n greatest potential in the calendar quarter for United States \n exports of environmental technologies, goods, and services; and\n ``(C) include trade promotion events, such as trade \n missions and trade fairs, in the environmental sector; and\n ``(2) provide, through the National Trade Data Bank and other \n information dissemination channels, information on opportunities \n for environmental businesses in foreign markets and information on \n Federal export promotion programs.\n ``(j) Environmental Technology Export Alliances.--Subject to the \navailability of appropriations for such purpose, the Secretary is \nauthorized to use the Market Development Cooperator Program to support \nthe creation on a regional basis of alliances of private sector \nentities, nonprofit organizations, and universities, that support the \nexport of environmental technologies, goods, and services and promote \nthe export of products complying with United States environmental, \nsafety, and related requirements.\n ``(k) Definition.--For purposes of this section, the term \n`environmental business' means a business that produces environmental \ntechnologies, goods, or services.''.\n\n TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY\n\nSEC. 501. ESTABLISHMENT OF PROGRAM.\n\n (a) In General.--In carrying out part I of the Foreign Assistance \nAct of 1961 and other relevant foreign assistance laws, the President, \nacting through the Administrator of the United States Agency for \nInternational Development, shall establish a program of training and \nother technical assistance to assist foreign countries in--\n (1) developing and strengthening laws and regulations to \n protect intellectual property; and\n (2) developing the infrastructure necessary to implement and \n enforce such laws and regulations.\n (b) Participation of Other Agencies.--The Administrator of the \nUnited States Agency for International Development--\n (1) shall utilize the expertise of the Patent and Trademark \n Office and other agencies of the United States Government in \n designing and implementing the program of assistance provided for \n in this section;\n (2) shall coordinate assistance under this section with efforts \n of other agencies of the United States Government to increase \n international protection of intellectual property, including \n implementation of international agreements containing high levels \n of protection of intellectual property; and\n (3) shall consult with the heads of such other agencies in \n determining which foreign countries will receive assistance under \n this section.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Within the International Trade Administration Title IV: Promotion of United States Environmental Exports Title V: International Protection of Intellectual Property Jobs Through Trade Expansion Act of 1994 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to raise the ceiling on the maximum contingent liability allowed for Overseas Private Investment Corporation (OPIC) insurance and outstanding financing. Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and investment guaranties programs. Continues OPIC's authority to issue investment insurance and guarantees through FY 1996. Makes a restriction on OPIC assistance for countries that exceed a specified per capita income level inapplicable to Ireland and Northern Ireland . Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1995 and 1996. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. Title IV: Promotion of United States Environmental Exports - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand US exports of environmental technologies, goods, and services and products that comply with US environmental, safety, and related requirements. Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of US Government export promotion resources related to environmental exports. And (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the US and Foreign Commercial Service in each of the priority countries. Authorizes the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding US exports of environmental technologies, goods, and services to such regions. Directs the Working Group to maintain a calendar of significant opportunities for US environmental businesses in foreign markets and trade promotion events to be made available to the public. Authorizes the Secretary to use the Market Development Cooperator Program to support regional alliances of private sector entities, nonprofit organizations, and universities that support the export of environmental technologies, goods, and services and promote the export of products complying with US environmental, safety, and related requirements. Title V: International Protection of Intellectual Property - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property. And (2) developing the infrastructure necessary to implement and enforce such laws and regulations.","title":"Jobs Through Trade Expansion Act of 1994","text_len":16995,"sum_len":4028} {"bill_id":"109_hr887","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supply Our Soldiers Act of 2005''.\n\nSEC. 2. POSTAL BENEFITS PROGRAM.\n\n (a) In General.--The United States Postal Service and the Secretary \nof Defense shall provide for a program under which postal benefits \nshall be made available to the designated representative of each \nqualified individual in accordance with succeeding provisions of this \nAct.\n (b) Qualified Individual Defined.--For purposes of this Act, the \nterm ``qualified individual'' means an individual who is--\n (1)(A) a member of the Armed Forces of the United States on \n active duty (as defined in section 101 of title 10, United \n States Code) or a civilian who is authorized to use postal \n services at Armed Forces installations and holds a position or \n performs one or more functions in support of military \n operations, as designated by the military theater commander; \n and\n (B) serving in an overseas area, as designated by the \n President, where the Armed Forces of the United States are \n engaged in action against an enemy of the United States, \n engaged in military operations involving armed conflict with a \n hostile foreign force, engaged in temporary military operations \n under arduous circumstances, serving with a friendly foreign \n force in an armed conflict in which the United States is not a \n belligerent, or temporarily deployed overseas for an \n operational contingency in arduous circumstances, as determined \n by the Secretary of Defense; or\n (2) hospitalized in a facility of the Armed Forces of the \n United States as a result of disease or injury incurred as a \n result of service in an overseas area designated by the \n President under paragraph (1)(B).\n (c) Postal Benefits Described.--\n (1) In general.--The postal benefits made available to a \n designated representative pursuant to this Act shall consist of \n postage stamps (of such denomination or denominations as the \n Postal Service may determine) equivalent to $150 in value per \n calendar quarter, subject to subsection (d)(2)(B).\n (2) Conditions relating to mailings.--Postal benefits under \n this Act may not be used for the mailing of any mail matter \n other than mail matter which--\n (A) is described in paragraph (3);\n (B) is sent--\n (i) from within an area served by a United \n States post office; and\n (ii) by an individual or a charitable \n organization; and\n (C) is addressed to a qualified individual.\n (3) Mail matter described.--\n (A) In general.--The mail matter described in this \n paragraph is--\n (i) any letter mail or sound- or video-\n recorded communications having the character of \n personal correspondence; and\n (ii) any parcel not exceeding--\n (I) 10 pounds in weight and 60 \n inches in length and girth combined, if \n sent by an individual; or\n (II) 70 pounds in weight and 180 \n inches in length and girth combined, if \n sent by a charitable organization.\n (B) Restriction.--Postal benefits under this Act \n may not be used for mail matter that contains any \n advertising.\n (4) Design and limitations on use of stamps.--Stamps made \n available pursuant to this Act--\n (A) shall bear a design or other markings to \n identify the military operation to which they relate; \n and\n (B) may not be used--\n (i) after the date (following the \n conclusion of such military operation) \n designated by the Secretary of Defense; or\n (ii) with respect to any other military \n operation.\n (5) Coordination rule.--Postal benefits under this Act \n shall be in addition to, and not in lieu of, any reduced rates \n of postage or other similar benefits which might otherwise be \n available by or under law, including any rates of postage \n resulting from the application of section 3401(b) of title 39, \n United States Code.\n (d) Regulations.--The Postal Service and the Secretary of Defense \nshall jointly prescribe any regulations necessary to carry out this \nAct, including regulations to provide for the following:\n (1) Identification of designated representatives.--The \n identification of designated representatives shall be made \n using procedures under which--\n (A) determinations shall be made based on the most \n current next-of-kin data available to or obtainable by \n the Secretary of Defense; and\n (B) a qualified individual may supersede a \n determination under subparagraph (A), to the extent \n procedures to carry out this subparagraph are \n practicable.\n (2) Notice to and elections by designated \n representatives.--\n (A) Notice.--Notice shall be provided to all \n designated representatives informing them of their \n eligibility for postal benefits under this Act and the \n procedures (including any deadlines) for making an \n initial and any subsequent election of benefits.\n (B) Elections.--A designated representative shall \n not receive any postal benefits under this Act for any \n calendar quarter except upon the filing of an \n appropriate written election. A separate election under \n this subparagraph shall be required for each calendar \n quarter, and each such election shall require the \n individual to indicate whether full, partial (in the \n increments allowed), or no benefits are requested for \n the quarter. Failure to make an effective election \n shall be treated as a declination of benefits for the \n calendar quarter involved.\n (C) No carryover.--Any benefits declined with \n respect to a calendar quarter shall not be available \n for purposes of any subsequent calendar quarter.\n (e) Direct Benefits for Charitable Organizations.--In addition to \nthe benefits under subsections (a) through (d), the Postal Service and \nthe Secretary of Defense shall by regulation allow any charitable \norganization to apply for direct postal benefits. Applications for \nbenefits under this subsection shall be considered on a case-by-case \nbasis in accordance with such criteria as shall apply under the \nregulations. Any benefits approved under this subsection shall be \ngoverned by subsection (c), subject to any modifications or special \nrules established by the regulations which may be necessary to carry \nout the purposes of this subsection (including an alternative to the \nlimitation set forth in subsection (c)(1)).\n (f) Definition.--For purposes of this Act, the term ``charitable \norganization'' means an organization that is described in section \n501(c) of the Internal Revenue Code of 1986 and exempt from taxation \nunder section 501(a) of such Code.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act shall take effect on the first day of the first fiscal \nyear beginning after the date of the enactment of this Act.","summary":"Supply Our Soldiers Act of 2005 - Directs the United States Postal Service (USPS) and the Secretary of Defense to provide a program under which postal benefits are made available for personal correspondence and other mail matter sent from within the United States by designated representatives (next-of-kin) to members of the Armed Forces who are: (1) serving on active duty abroad in support of military operations or against an enemy of the United States or other hostile force. Or (2) hospitalized in a US military facility as a result of disease or injury incurred during service overseas. Limits postal benefits to $150 per calendar quarter, and limits the size and weight of allowable parcels. Allows charitable organizations to apply for such benefits.","title":"To provide for a program under which postal benefits shall be made available for purposes of certain personal correspondence and other mail matter sent from within the United States to members of the Armed Forces serving on active duty abroad who are engaged in military operations, and for other purposes.","text_len":8061,"sum_len":759} {"bill_id":"114_hr2996","text":"SECTION 1. WILDFIRE ON FEDERAL LANDS.\n\n Section 102(2) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5122(2)) is amended--\n (1) by striking ``(2)'' and all that follows through \n ``means'' and inserting the following:\n ``(2) Major disaster.--\n ``(A) Major disaster.--The term `major disaster' \n means''; and\n (2) by adding at the end the following:\n ``(B) Major disaster for wildfire on federal \n lands.--The term `major disaster for wildfire on \n Federal lands' means any wildfire or wildfires, which \n in the determination of the President under section 802 \n warrants assistance under section 803 to supplement the \n efforts and resources of the Department of the Interior \n or the Department of Agriculture--\n ``(i) on Federal lands; or\n ``(ii) on non-Federal lands pursuant to a \n fire protection agreement or cooperative \n agreement.''.\n\nSEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS.\n\n The Robert T. Stafford Disaster Relief and Emergency Assistance Act \n(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:\n\n ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND\n\n``SEC. 801. DEFINITIONS.\n\n ``As used in this title--\n ``(1) Federal land.--The term `Federal land' means--\n ``(A) any land under the jurisdiction of the \n Department of the Interior; and\n ``(B) any land under the jurisdiction of the United \n States Forest Service.\n ``(2) Federal land management agencies.--The term `Federal \n land management agencies' means--\n ``(A) the Bureau of Land Management;\n ``(B) the National Park Service;\n ``(C) the Bureau of Indian Affairs;\n ``(D) the United States Fish and Wildlife Service; \n and\n ``(E) the United States Forest Service.\n ``(3) Wildfire suppression operations.--The term `wildfire \n suppression operations' means the emergency and unpredictable \n aspects of wildland firefighting, including support, response, \n emergency stabilization activities, and other emergency \n management activities of wildland firefighting on Federal lands \n (or on non-Federal lands pursuant to a fire protection \n agreement or cooperative agreement) by the Federal land \n management agencies covered by the wildfire suppression \n subactivity of the Wildland Fire Management account or the \n FLAME Wildfire Suppression Reserve Fund account of the Federal \n land management agencies.\n\n``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE \n ON FEDERAL LANDS.\n\n ``(a) In General.--The Secretary of the Interior or the Secretary \nof Agriculture may submit a request to the President consistent with \nthe requirements of this title for a declaration by the President that \na major disaster for wildfire on Federal lands exists.\n ``(b) Requirements.--A request for a declaration by the President \nthat a major disaster for wildfire on Federal lands exists shall--\n ``(1) be made in writing by the respective Secretary;\n ``(2) certify that the amount appropriated in the current \n fiscal year for wildfire suppression operations of the Federal \n land management agencies under the jurisdiction of the \n respective Secretary, net of any concurrently enacted \n rescissions of wildfire suppression funds, increases the total \n unobligated balance of amounts available for wildfire \n suppression by an amount equal to or greater than the average \n total costs incurred by the Federal land management agencies \n per year for wildfire suppression operations, including the \n suppression costs in excess of appropriated amounts, over the \n previous ten fiscal years;\n ``(3) certify that the amount available for wildfire \n suppression operations of the Federal land management agencies \n under the jurisdiction of the respective Secretary will be \n obligated not later than 30 days after such Secretary notifies \n the President that wildfire suppression funds will be exhausted \n to fund ongoing and anticipated wildfire suppression operations \n related to the wildfire on which the request for the \n declaration of a major disaster for wildfire on Federal lands \n pursuant to this title is based; and\n ``(4) specify the amount required in the current fiscal \n year to fund wildfire suppression operations related to the \n wildfire on which the request for the declaration of a major \n disaster for wildfire on Federal lands pursuant to this title \n is based.\n ``(c) Declaration.--Based on the request of the respective \nSecretary under this title, the President may declare that a major \ndisaster for wildfire on Federal lands exists.\n\n``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.\n\n ``(a) In General.--In a major disaster for wildfire on Federal \nlands, the President may transfer funds, only from the account \nestablished pursuant to subsection (b), to the Secretary of the \nInterior or the Secretary of Agriculture to conduct wildfire \nsuppression operations on Federal lands (and non-Federal lands pursuant \nto a fire protection agreement or cooperative agreement).\n ``(b) Wildfire Suppression Operations Account.--The President shall \nestablish a specific account for the assistance available pursuant to a \ndeclaration under section 802. Such account may only be used to fund \nassistance pursuant to this title.\n ``(c) Limitation.--\n ``(1) Limitation of transfer.--The assistance available \n pursuant to a declaration under section 802 is limited to the \n transfer of the amount requested pursuant to section 802(b)(4). \n The assistance available for transfer shall not exceed the \n amount contained in the wildfire suppression operations account \n established pursuant to subsection (b).\n ``(2) Transfer of funds.--Funds under this section shall be \n transferred from the wildfire suppression operations account to \n the wildfire suppression subactivity of the Wildland Fire \n Management Account.\n ``(d) Prohibition of Other Transfers.--Except as provided in this \nsection, no funds may be transferred to or from the account established \npursuant to subsection (b) to or from any other fund or account.\n ``(e) Reimbursement for Wildfire Suppression Operations on Non-\nFederal Land.--If amounts transferred under subsection (c) are used to \nconduct wildfire suppression operations on non-Federal land, the \nrespective Secretary shall--\n ``(1) secure reimbursement for the cost of such wildfire \n suppression operations conducted on the non-Federal land; and\n ``(2) transfer the amounts received as reimbursement to the \n wildfire suppression operations account established pursuant to \n subsection (b).\n ``(f) Annual Accounting and Reporting Requirements.--Not later than \n90 days after the end of each fiscal year for which assistance is \nreceived pursuant to this section, the respective Secretary shall \nsubmit to the Committees on Agriculture, Appropriations, the Budget, \nNatural Resources, and Transportation and Infrastructure of the House \nof Representatives and the Committees on Agriculture, Nutrition, and \nForestry, Appropriations, the Budget, Energy and Natural Resources, \nHomeland Security and Governmental Affairs, and Indian Affairs of the \nSenate, and make available to the public, a report that includes the \nfollowing:\n ``(1) The risk-based factors that influenced management \n decisions regarding wildfire suppression operations of the \n Federal land management agencies under the jurisdiction of the \n Secretary concerned.\n ``(2) Specific discussion of a statistically significant \n sample of large fires, in which each fire is analyzed for cost \n drivers, effectiveness of risk management techniques, resulting \n positive or negative impacts of fire on the landscape, impact \n of investments in preparedness, suggested corrective actions, \n and such other factors as the respective Secretary considers \n appropriate.\n ``(3) Total expenditures for wildfire suppression \n operations of the Federal land management agencies under the \n jurisdiction of the respective Secretary, broken out by fire \n sizes, cost, regional location, and such other factors as the \n such Secretary considers appropriate.\n ``(4) Lessons learned.\n ``(5) Such other matters as the respective Secretary \n considers appropriate.\n ``(g) Savings Provision.--Nothing in this title shall limit the \nSecretary of the Interior, the Secretary of Agriculture, Indian tribe, \nor a State from receiving assistance through a declaration made by the \nPresident under this Act when the criteria for such declaration have \nbeen met.''.","summary":"Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a major disaster for wildfire on federal lands as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement. Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to: certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by such agencies per year for wildfire suppression operations over the previous 10 fiscal years. Certify that the amount available for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which such request is based. And specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which such request is based. Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land.","title":"To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish wildfire on Federal lands as a major disaster.","text_len":9514,"sum_len":2221} {"bill_id":"107_s93","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Advancing Truth and Accountability \nin Campaign Communications Act of 2001''.\n\nSEC. 2. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.\n\n Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n434) is amended by adding at the end the following:\n ``(e) Additional Statements on Electioneering Communications.--\n ``(1) Statement required.--Every person who makes a \n disbursement for electioneering communications in an aggregate \n amount in excess of $10,000 during any calendar year shall, \n within 24 hours of each disclosure date, file with the \n Commission a statement containing the information described in \n paragraph (2).\n ``(2) Contents of statement.--Each statement required to be \n filed under this subsection shall be made under penalty of \n perjury and shall contain the following information:\n ``(A) The identification of--\n ``(i) the person making the disbursement;\n ``(ii) any entity sharing or exercising \n direction or control over the activities of \n such person; and\n ``(iii) the custodian of the books and \n accounts of the person making the disbursement.\n ``(B) The State of incorporation and the principal \n place of business of the person making the \n disbursement.\n ``(C) The amount of each disbursement during the \n period covered by the statement and the identification \n of the person to whom the disbursement was made.\n ``(D) The elections to which the electioneering \n communications pertain and the names (if known) of the \n candidates identified or to be identified.\n ``(E) If the disbursements were paid out of a \n segregated account to which only individuals could \n contribute, the names and addresses of all contributors \n who contributed an aggregate amount of $500 or more to \n that account during the period beginning on the first \n day of the preceding calendar year and ending on the \n disclosure date.\n ``(F) If the disbursements were paid out of funds \n not described in subparagraph (E), the names and \n addresses of all contributors who contributed an \n aggregate amount of $500 or more to the organization or \n any related entity during the period beginning on the \n first day of the preceding calendar year and ending on \n the disclosure date.\n ``(G) Whether or not any electioneering \n communication is made in coordination, cooperation, \n consultation, or concert with, or at the request or \n suggestion of, any candidate or any authorized \n committee, any political party or committee, or any \n agent of the candidate, political party, or committee \n and if so, the identification of any candidate, party, \n committee, or agent involved.\n ``(3) Electioneering communication defined.--For purposes \n of this subsection--\n ``(A) In general.--The term `electioneering \n communication' means any broadcast from a television or \n radio broadcast station that--\n ``(i) refers to a clearly identified \n candidate for Federal office;\n ``(ii) is made (or scheduled to be made) \n within--\n ``(I) 60 days before a general, \n special, or runoff election for such \n Federal office; or\n ``(II) 30 days before a primary or \n preference election, or a convention or \n caucus of a political party that has \n authority to nominate a candidate, for \n such Federal office; and\n ``(iii) is broadcast from a television or \n radio broadcast station whose audience includes \n the electorate for such election, convention, \n or caucus.\n ``(B) Exceptions.--Such term shall not include--\n ``(i) communications appearing in a news \n story, commentary, or editorial distributed \n through the facilities of any broadcasting \n station, unless such facilities are owned or \n controlled by any political party, political \n committee, or candidate; or\n ``(ii) communications which constitute \n expenditures or independent expenditures under \n this Act.\n ``(4) Disclosure date defined.--For purposes of this \n subsection, the term `disclosure date' means--\n ``(A) the first date during any calendar year by \n which a person has made disbursements for \n electioneering communications aggregating in excess of \n $10,000; and\n ``(B) any other date during such calendar year by \n which a person has made disbursements for \n electioneering communications aggregating in excess of \n $10,000 since the most recent disclosure date for such \n calendar year.\n ``(5) Contracts to disburse.--For purposes of this \n subsection, a person shall be treated as having made a \n disbursement if the person has contracted to make the \n disbursement.\n ``(6) Coordination with other requirements.--Any \n requirement to report under this subsection shall be in \n addition to any other reporting requirement under this Act.''.\n\nSEC. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.\n\n Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 \n(2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the \nfollowing:\n ``(iii) if--\n ``(I) any person makes, or \n contracts to make, any payment for any \n electioneering communication (as \n defined in section 304(e)(3)); and\n ``(II) such payment is coordinated \n with a candidate for Federal office or \n an authorized committee of such \n candidate, a Federal, State, or local \n political party or committee thereof, \n or an agent or official of any such \n candidate, party, or committee,\n such payment or contracting shall be treated as \n a contribution to such candidate and as an \n expenditure by such candidate; and''.\n\nSEC. 4. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR \n ELECTIONEERING COMMUNICATIONS.\n\n (a) In General.--Section 316(b)(2) of the Federal Election Campaign \nAct of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any \napplicable electioneering communication'' before ``, but shall not \ninclude''.\n (b) Applicable Electioneering Communication.--Section 316 of such \nAct is amended by adding at the end the following:\n ``(c) Rules Relating to Electioneering Communications.--\n ``(1) Applicable electioneering communication.--For \n purposes of this section, the term `applicable electioneering \n communication' means an electioneering communication (as \n defined in section 304(e)(3)) that is made by--\n ``(A) any entity to which subsection (a) applies \n other than a section 501(c)(4) organization; or\n ``(B) a section 501(c)(4) organization if such \n communication is paid for using amounts derived from \n the conduct of a trade or business or from an entity \n described in subparagraph (A).\n ``(2) Special operating rules.--For purposes of paragraph \n (1), the following rules shall apply:\n ``(A) An electioneering communication shall be \n treated as made by an entity described in paragraph \n (1)(A) if--\n ``(i) the entity described in paragraph \n (1)(A) directly or indirectly disburses any \n amount for any of the costs of the \n communication; or\n ``(ii) any amount is disbursed for the \n communication by a corporation or organization \n or a State or local political party or \n committee thereof that receives anything of \n value from the entity described in paragraph \n (1)(A), except that this clause shall not apply \n to any communication the costs of which are \n defrayed entirely out of a segregated account \n to which only individuals can contribute.\n ``(B) A section 501(c)(4) organization that derives \n amounts from business activities or from any entity \n described in paragraph (1)(A) shall be considered to \n have paid for any communication out of such amounts \n unless such organization paid for the communication out \n of a segregated account to which only individuals can \n contribute.\n ``(3) Definitions and rules.--For purposes of this \n subsection--\n ``(A) the term `section 501(c)(4) organization' \n means--\n ``(i) an organization described in section \n 501(c)(4) of the Internal Revenue Code of 1986 \n and exempt from taxation under section 501(a) \n of such Code; or\n ``(ii) an organization which has submitted \n an application to the Internal Revenue Service \n for determination of its status as an \n organization described in clause (i); and\n ``(B) a person shall be treated as having made a \n disbursement if the person has contracted to make the \n disbursement.\n ``(4) Coordination with internal revenue code.--Nothing in \n this subsection shall be construed to authorize an organization \n exempt from taxation under section 501(a) of the Internal \n Revenue Code of 1986 from carrying out any activity which is \n prohibited under such Code.''.","summary":"Advancing Truth and Accountability in Campaign Communications Act of 2001 - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each date during a calendar year on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines electioneering communications as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office. Provides that if any person makes, or contracts to make, any payment for any electioneering communication, and such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, then such payment or contracting shall be treated as a contribution to and an expenditure by such candidate. Prohibits, in general, corporate and labor disbursements for applicable electioneering communications.","title":"A bill to amend the Federal Election Campaign Act of 1971 to require disclosure of certain disbursements made for electioneering communications, and for other purposes..","text_len":11556,"sum_len":1103} {"bill_id":"112_hr2742","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hire, Train, Retain Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) As of June 2011 9.2 percent of all Americans eligible \n to work were unemployed, or 14.1 million people.\n (2) There are millions of workers who were displaced during \n the recent ``Great Recession'' who need to be re-trained so \n that they can re-integrate into the workforce. According to the \n bi-annual Displaced Workers Survey, the unemployment rate was \n 4.5 percent in 2007 before spiking to nearly 10 percent in \n 2010.\n (3) Often overlooked are the 982,000 discouraged workers, \n people who are not looking for work because they do not believe \n that they are qualified for any available jobs.\n (4) Paradoxically, there are enough jobs available to \n employ just over 20 percent of these persons--there were 3.0 \n million job openings on the last business day of May 2011 \n according to the Bureau of Labor Statistics.\n (5) The disconnect is that many people searching for work \n lack the job-specific skills that they need to be competitive \n for many of these vacancies. Specifically, technology is \n outpacing the country's current approach to job-related \n education and training. The difference between white collar and \n blue collar jobs is fading because traditionally ``blue collar \n jobs'' are more specialized than ever before.\n\nSEC. 3. PAYROLL TAX FORGIVENESS FOR HIRING AND TRAINING WORKERS.\n\n (a) In General.--Section 3111 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(e) Special Exemption for Certain Individuals Hired in Between \n2011 and 2015.--\n ``(1) In general.--During the period beginning on the day \n after the date of the enactment of this subsection and ending \n on December 31, 2015, subsection (a) shall not apply to wages \n paid by a qualified employer with respect to employment of any \n qualified individual for services performed--\n ``(A) in a trade or business of such qualified \n employer, or\n ``(B) in the case of a qualified employer exempt \n from tax under section 501(a), in furtherance of the \n activities related to the purpose or function \n constituting the basis of the employer's exemption \n under section 501.\n ``(2) Qualified employer.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified employer' \n means any employer other than the United States, any \n State, or any political subdivision thereof, or any \n instrumentality of the foregoing that provides a \n qualified job training program for or on behalf its \n employees.\n ``(B) Treatment of employees of post-secondary \n educational institutions.--Notwithstanding subparagraph \n (A), the term `qualified employer' includes any \n employer which is a public institution of higher \n education (as defined in section 101(b) of the Higher \n Education Act of 1965).\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after the date of the enactment of this subsection and \n before January 1, 2016,\n ``(B) certifies by signed affidavit, under \n penalties of perjury, that such individual has not been \n employed for more than 40 hours during the 60-day \n period ending on the date such individual begins such \n employment,\n ``(C) certifies by signed affidavit, under \n penalties of perjury, that such individual has \n satisfactorily completed a qualified job training \n program,\n ``(D) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(E) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Qualified job training program.--For purposes of this \n subsection, the term `qualified job training program' means--\n ``(A) a program provided by a qualified employer \n that is in-house and is specific training for available \n jobs at such employer, or\n ``(B) a program under which a qualified employer \n partners with a public institution of higher education \n (as defined in section 101(b) of the Higher Education \n Act of 1965) to provide specific training for available \n jobs at such employer.\n ``(5) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (b) Coordination With Work Opportunity Credit.--Section 51(c) of \nsuch Code is amended by adding at the end the following new paragraph:\n ``(6) Coordination with payroll tax forgiveness for hiring \n and training workers.--The term `wages' shall not include any \n amount paid or incurred to a qualified individual (as defined \n in section 3111(e)(3)) during the 1-year period beginning on \n the hiring date of such individual by a qualified employer (as \n defined in section 3111(e)) unless such qualified employer \n makes an election not to have section 3111(e) apply.''.\n (c) Transfers to Federal Old-Age and Survivors Insurance Trust \nFund.--There are hereby appropriated to the Federal Old-Age and \nSurvivors Trust Fund and the Federal Disability Insurance Trust Fund \nestablished under section 201 of the Social Security Act (42 U.S.C. \n401) amounts equal to the reduction in revenues to the Treasury by \nreason of the amendments made by subsection (a). Amounts appropriated \nby the preceding sentence shall be transferred from the general fund at \nsuch times and in such manner as to replicate to the extent possible \nthe transfers that would have occurred to such Trust Fund had such \namendments not been enacted.\n (d) Application to Railroad Retirement Taxes.--\n (1) In general.--Section 3221 of the Internal Revenue Code \n of 1986 is amended by redesignating subsection (d) as \n subsection (e) and by inserting after subsection (c) the \n following new subsection:\n ``(d) Special Rate for Certain Individuals Hired in Between 2011 \nand 2015.--\n ``(1) In general.--In the case of compensation paid by a \n qualified employer during the period beginning on the day after \n the date of the enactment of this subsection and ending on \n December 31, 2015, with respect to having a qualified \n individual in the employer's employ for services rendered to \n such qualified employer, the applicable percentage under \n subsection (a) shall be equal to the rate of tax in effect \n under section 3111(b) for the calendar year.\n ``(2) Qualified employer.--For purposes of this subsection, \n the term `qualified employer' means any employer other than the \n United States, any State, or any political subdivision thereof, \n or any instrumentality of the foregoing that provides a \n qualified job training program for or on behalf its employees.\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after the date of the enactment of this subsection and \n before January 1, 2016,\n ``(B) certifies by signed affidavit, under \n penalties of perjury, that such individual has not been \n employed for more than 40 hours during the 60-day \n period ending on the date such individual begins such \n employment,\n ``(C) certifies by signed affidavit, under \n penalties of perjury, that such individual has \n satisfactorily completed a qualified job training \n program,\n ``(D) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(E) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Qualified job training program.--For purposes of this \n subsection, the term `qualified job training program' means--\n ``(A) a program provided by a qualified employer \n that is in-house and is specific training for available \n jobs at such employer, or\n ``(B) a program under which a qualified employer \n partners with a public institution of higher education \n (as defined in section 101(b) of the Higher Education \n Act of 1965) to provide specific training for available \n jobs at such employer.\n ``(5) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (2) Transfers to social security equivalent benefit \n account.--There are hereby appropriated to the Social Security \n Equivalent Benefit Account established under section 15A(a) of \n the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) \n amounts equal to the reduction in revenues to the Treasury by \n reason of the amendments made by paragraph (1). Amounts \n appropriated by the preceding sentence shall be transferred \n from the general fund at such times and in such manner as to \n replicate to the extent possible the transfers which would have \n occurred to such Account had such amendments not been enacted.\n (e) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this subsection shall apply to wages paid \n after the date of the enactment of this Act.\n (2) Railroad retirement taxes.--The amendments made by \n subsection (d) shall apply to compensation paid after the date \n of the enactment of this Act.\n\nSEC. 4. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED \n INDIVIDUALS IN 2011.\n\n (a) In General.--In the case of any taxable year ending after the \ndate of the enactment of this Act, the current year business credit \ndetermined under section 38(b) of the Internal Revenue Code of 1986 for \nsuch taxable year shall be increased, with respect to each retained \nworker with respect to which subsection (b)(2) is first satisfied \nduring such taxable year, by the lesser of--\n (1) $1,000, or\n (2) 6.2 percent of the wages (as defined in section 3401(a) \n of such Code) paid by the taxpayer to such retained worker \n during the 52 consecutive week period referred to in subsection \n (b)(2).\n (b) Retained Worker.--For purposes of this section, the term \n``retained worker'' means any qualified individual (as defined in \nsection 3111(e)(3) or section 3221(d)(3) of the Internal Revenue Code \nof 1986)--\n (1) who was employed by the taxpayer on any date during the \n taxable year,\n (2) who was so employed by the taxpayer for a period of not \n less than 52 consecutive weeks, and\n (3) whose wages (as defined in section 3401(a)) for such \n employment during the last 26 weeks of such period equaled at \n least 80 percent of such wages for the first 26 weeks of such \n period.\n (c) Employer Staffing and Payroll Must Increase.--No amount shall \nbe allowed as a credit under this section to an employer for a taxable \nyear unless the employer has a net increase for the taxable year in \nthose who work at least 20 hours per week for the employer during the \ntaxable year and the amount of its payroll during the taxable year.\n (d) Limitation on Carrybacks.--No portion of the unused business \ncredit under section 38 of the Internal Revenue Code of 1986 for any \ntaxable year which is attributable to the increase in the current year \nbusiness credit under this section may be carried to a taxable year \nbeginning before the date of the enactment of this section.\n (e) Treatment of Possessions.--\n (1) Payments to possessions.--\n (A) Mirror code possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States with a mirror code tax system amounts equal to \n the loss to that possession by reason of the \n application of this section (other than this \n subsection). Such amounts shall be determined by the \n Secretary of the Treasury based on information provided \n by the government of the respective possession.\n (B) Other possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States which does not have a mirror code tax system \n amounts estimated by the Secretary of the Treasury as \n being equal to the aggregate benefits that would have \n been provided to residents of such possession by reason \n of the application of this section (other than this \n subsection) if a mirror code tax system had been in \n effect in such possession. The preceding sentence shall \n not apply with respect to any possession of the United \n States unless such possession has a plan, which has \n been approved by the Secretary of the Treasury, under \n which such possession will promptly distribute such \n payments to the residents of such possession.\n (2) Coordination with credit allowed against united states \n income taxes.--No increase in the credit determined under \n section 38(b) of the Internal Revenue Code of 1986 against \n United States income taxes for any taxable year determined \n under subsection (a) shall be taken into account with respect \n to any person--\n (A) to whom a credit is allowed against taxes \n imposed by the possession by reason of this section for \n such taxable year, or\n (B) who is eligible for a payment under a plan \n described in paragraph (1)(B) with respect to such \n taxable year.\n (3) Definitions and special rules.--\n (A) Possession of the united states.--For purposes \n of this subsection, the term ``possession of the United \n States'' includes the Commonwealth of Puerto Rico and \n the Commonwealth of the Northern Mariana Islands.\n (B) Mirror code tax system.--For purposes of this \n subsection, the term ``mirror code tax system'' means, \n with respect to any possession of the United States, \n the income tax system of such possession if the income \n tax liability of the residents of such possession under \n such system is determined by reference to the income \n tax laws of the United States as if such possession \n were the United States.\n (C) Treatment of payments.--For purposes of section \n 1324(b)(2) of title 31, United States Code, rules \n similar to the rules of section 1001(b)(3)(C) of the \n American Recovery and Reinvestment Tax Act of 2009 \n shall apply.","summary":"Hire, Train, Retain Act of 2011 - Amends the Internal Revenue Code to: (1) allow non-governmental employers an exemption from, or reduction in, employment taxes during the period beginning on the enactment of this Act and ending on December 31, 2015, for hiring certain unemployed individuals who are trained by such employers in a qualified job training program , and (2) allow an employer an increase in the business-related tax credit for each worker retained by such employer who was employed on any date during the taxable year for a period of not less than 52 consecutive weeks.","title":"To amend the Internal Revenue Code of 1986 to provide tax incentives to employers for providing training programs for jobs specific to the needs of the employers.","text_len":16937,"sum_len":584} {"bill_id":"114_hr2980","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mayflower Commemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The arrival of the Pilgrims at Plymouth, Massachusetts, \n in 1620 has major significance in the history of the United \n States.\n (2) The Mayflower Compact laid the foundation and moral \n framework for the future laws of the United States.\n (3) The General Society of Mayflower Decedents' mission \n is--\n (A) to tell the story of the Pilgrim's journey on \n the Mayflower in 1620, bringing with them principles of \n civil and religious liberty to America as memorialized \n in the Mayflower Compact;\n (B) to raise public awareness and increase the \n public understanding of the importance of the Pilgrim's \n lives and legacies; and\n (C) to encourage a passion for history.\n (4) A commemorative coin will bring national and \n international attention to the lasting legacy of this important \n event.\n (5) The proceeds from a surcharge on the sale of such \n commemorative coin will assist the financing of educational, \n scholarship, and outreach programs;\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (hereafter in \nthis Act referred to as the ``Secretary'') shall mint and issue the \nfollowing coins:\n (1) $5 gold coins.--Not more than 50,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 100,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain at least 90 percent silver.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the arrival of the Pilgrims.\n (2) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of--\n (i) the mint date ``2020''; and\n (ii) the year ``1620''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts and the General Society of Mayflower \n Descendants; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin proof quality and uncirculated quality.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Period of Issuance.--The Secretary may issue coins, to the \npublic, minted under this Act only during the 1-year period beginning \non January 1, 2020.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins issued under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 gold coin.\n (2) A surcharge of $10 per coin for the $1 silver coin.\n (b) Distribution.--Subject to section 5134(f)(1) of title 31, \nUnited States Code, all surcharges received by the Secretary from the \nsale of coins issued under this Act shall be promptly paid by the \nSecretary to the General Society of Mayflower Descendants for \neducational purposes.\n (c) Audits.--The General Society of Mayflower Descendants shall be \nsubject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received under \nsubsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.\n\nSEC. 8. FINANCIAL ASSURANCES.\n\n The Secretary shall take such actions as may be necessary to ensure \nthat--\n (1) minting and issuing coins under this Act will not \n result in any net cost to the United States Government; and\n (2) no funds, including applicable surcharges, shall be \n disbursed to any recipient designated in section 7 until the \n total cost of designing and issuing all of the coins authorized \n by this Act (including labor, materials, dies, use of \n machinery, overhead expenses, marketing, and shipping) is \n recovered by the United States Treasury, consistent with \n sections 5112(m) and 5134(f) of title 31, United States Code.","summary":"Mayflower Commemorative Coin Act This bill directs the Department of the Treasury to issue up to 50,000 $5 gold commemorative coins, and up to 100,000 $1 silver commemorative coins, whose design is emblematic of the arrival of the Pilgrims at Plymouth, Massachusetts. These coins shall be issued only during the one-year period beginning on January 1, 2020. The Department must pay all surcharges received from sales of the coins to the General Society of Mayflower Descendants for educational purposes.","title":"Mayflower Commemorative Coin Act","text_len":6792,"sum_len":503} {"bill_id":"104_s1273","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Higher Education Investment Act of \n1995''.\n\nSEC. 2. CREDIT FOR INTEREST ON EDUCATION LOANS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 22 the \nfollowing new section:\n\n``SEC. 23. INTEREST ON EDUCATION LOANS.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to 20 percent of the interest paid \nby the taxpayer during the taxable year on any qualified education \nloan.\n ``(b) Maximum Credit.--\n ``(1) In general.--Except as provided in paragraph (2), the \n credit allowed by subsection (a) for the taxable year shall not \n exceed $500 ($1,000 in the case of 2 or more individuals with \n qualified higher education expenses paid by any qualified \n education loan).\n ``(2) Limitation based on modified adjusted gross income.--\n ``(A) In general.--If the modified adjusted gross \n income of the taxpayer for the taxable year exceeds \n $40,000 ($60,000 in the case of a joint return), the \n amount which would (but for this paragraph) be \n allowable as a credit under this section shall be \n reduced (but not below zero) by the amount which bears \n the same ratio to the amount which would be so \n allowable as such excess bears to $15,000.\n ``(B) Modified adjusted gross income.--The term \n `modified adjusted gross income' means adjusted gross \n income determined--\n ``(i) without regard to sections 135, 911, \n 931, and 933, and\n ``(ii) after application of sections 86, \n 219, and 469.\n ``(C) Inflation adjustment.--In the case of any \n taxable year beginning after 1996, the $40,000 and \n $60,000 amounts referred to in subparagraph (A) shall \n be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section (1)(f)(3) for the \n calendar year in which the taxable year begins, \n except that subparagraph (B) of subsection \n (1)(f)(3) shall be applied by substituting \n `1995' for `1992'.\n ``(D) Rounding.--If any amount as adjusted under \n subparagraph (C) is not a multiple of $50, such amount \n shall be rounded to the nearest multiple of $50 (or, if \n such amount is a multiple of $25, such amount shall be \n rounded to the next highest multiple of $50).\n ``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall \nbe allowed by this section to an individual for the taxable year if a \ndeduction under section 151 with respect to such individual is allowed \nto another taxpayer for the taxable year beginning in the calendar year \nin which such individual's taxable year begins.\n ``(d) Limit on Period Credit Allowed.--\n ``(1) Taxpayer and taxpayer's spouse.--Except as provided \n in paragraph (2), a credit shall be allowed under this section \n only with respect to interest paid on any qualified education \n loan during the first 60 months (whether or not consecutive) in \n which interest payments are required. For purposes of this \n paragraph, any loan and all refinancings of such loan shall be \n treated as 1 loan.\n ``(2) Dependent.--If the qualified education loan was used \n to pay education expenses of an individual other than the \n taxpayer or the taxpayer's spouse, a credit shall be allowed \n under this section for any taxable year with respect to such \n loan only if--\n ``(A) a deduction under section 151 with respect to \n such individual is allowed to the taxpayer for such \n taxable year, and\n ``(B) such individual is at least a half-time \n student with respect to such taxable year.\n ``(e) Definitions.--For purposes of this section--\n ``(1) Qualified education loan.--The term `qualified \n education loan' means any indebtedness incurred to pay \n qualified higher education expenses--\n ``(A) which are incurred on behalf of the taxpayer, \n the taxpayer's spouse, or a dependent of the taxpayer,\n ``(B) which are paid or incurred within a \n reasonable period of time before or after the \n indebtedness is incurred, and\n ``(C) which are attributable to education furnished \n during a period during which the recipient was at least \n a half-time student.\n Such term includes indebtedness used to refinance indebtedness \n which qualifies as a qualified education loan. The term \n `qualified education loan' shall not include any indebtedness \n owed to a person who is related (within the meaning of section \n 267(b) or 707(b)(1)) to the taxpayer.\n ``(2) Qualified higher education expenses.--The term \n `qualified higher education expenses' means the cost of \n attendance (as defined in section 472 of the Higher Education \n Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before \n the date of the enactment of this Act) of the taxpayer, the \n taxpayer's spouse, or a dependent of the taxpayer at an \n eligible educational institution. For purposes of the preceding \n sentence, the term `eligible educational institution' has the \n same meaning given such term by section 135(c)(3), except that \n such term shall also include an institution conducting an \n internship or residency program leading to a degree or \n certificate awarded by an institution of higher education, a \n hospital, or a health care facility which offers postgraduate \n training.\n ``(3) Half-time student.--The term `half-time student' \n means any individual who would be a student as defined in \n section 151(c)(4) if `half-time' were substituted for `full-\n time' each place it appears in such section.\n ``(4) Dependent.--The term `dependent' has the meaning \n given such term by section 152.\n ``(f) Special Rules.--\n ``(1) Denial of double benefit.--No credit shall be allowed \n under this section for any amount for which a deduction is \n allowable under any other provision of this chapter.\n ``(2) Married couples must file joint return.--If the \n taxpayer is married at the close of the taxable year, the \n credit shall be allowed under subsection (a) only if the \n taxpayer and the taxpayer's spouse file a joint return for the \n taxable year.\n ``(3) Marital status.--Marital status shall be determined \n in accordance with section 7703.''\n (b) Reporting Requirement.--\n (1) In general.--Subpart B of part III of subchapter A of \n chapter 61 of the Internal Revenue Code of 1986 (relating to \n information concerning transactions with other persons) is \n amended by inserting after section 6050P the following new \n section:\n\n``SEC. 6050Q. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN \n TRADE OR BUSINESS FROM INDIVIDUALS.\n\n ``(a) Education Loan Interest of $600 or More.--Any person--\n ``(1) who is engaged in a trade or business, and\n ``(2) who, in the course of such trade or business, \n receives from any individual interest aggregating $600 or more \n for any calendar year on any qualified education loan,\nshall make the return described in subsection (b) with respect to each \nindividual from whom such interest was received at such time as the \nSecretary may by regulations prescribe.\n ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n ``(1) is in such form as the Secretary may prescribe,\n ``(2) contains--\n ``(A) the name and address of the individual from \n whom the interest described in subsection (a)(2) was \n received,\n ``(B) the amount of such interest received for the \n calendar year, and\n ``(C) such other information as the Secretary may \n prescribe.\n ``(c) Application to Governmental Units.--For purposes of \nsubsection (a):\n ``(1) Treated as persons.--The term `person' includes any \n governmental unit (and any agency or instrumentality thereof).\n ``(2) Special rules.--In the case of a governmental unit or \n any agency or instrumentality thereof--\n ``(A) subsection (a) shall be applied without \n regard to the trade or business requirement contained \n therein, and\n ``(B) any return required under subsection (a) \n shall be made by the officer or employee appropriately \n designated for the purpose of making such return.\n ``(d) Statements To Be Furnished to Individuals With Respect to \nWhom Information Is Required.--Every person required to make a return \nunder subsection (a) shall furnish to each individual whose name is \nrequired to be set forth in such return a written statement showing--\n ``(1) the name and address of the person required to make \n such return, and\n ``(2) the aggregate amount of interest described in \n subsection (a)(2) received by the person required to make such \n return from the individual to whom the statement is required to \n be furnished.\nThe written statement required under the preceding sentence shall be \nfurnished on or before January 31 of the year following the calendar \nyear for which the return under subsection (a) was required to be made.\n ``(e) Qualified Education Loan Defined.--For purposes of this \nsection, except as provided in regulations prescribed by the Secretary, \nthe term `qualified education loan' has the meaning given such term by \nsection 23(e)(1).\n ``(f) Returns Which Would Be Required To Be Made by 2 or More \nPersons.--Except to the extent provided in regulations prescribed by \nthe Secretary, in the case of interest received by any person on behalf \nof another person, only the person first receiving such interest shall \nbe required to make the return under subsection (a).''\n (c) Clerical Amendments.--\n (1) The table of sections for subpart A of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 22 \n the following new item:\n\n ``Sec. 23. Interest on education loans.''\n (2) The table of sections for subpart B of part III of \n subchapter A of chapter 61 of such Code is amended by inserting \n after the item relating to section 6050P the following new \n item:\n\n ``Sec. 6050Q. Returns relating to \n education loan interest \n received in trade or business \n from individuals.''\n (d) Effective Date.--The amendments made by this section shall \napply to any qualified education loan (as defined in section 23(e)(1) \nof the Internal Revenue Code of 1986, as added by this section) \nincurred on, before, or after the date of the enactment of this Act, \nbut only with respect to any loan interest payment due after December \n31, 1995, and before the termination of the period described in section \n23(d)(1) of such Code.","summary":"Higher Education Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual a credit of 20 percent of the interest paid on any qualified education loan. Limits the maximum credit allowable to $500 for an individual and $1,000 for two or more individuals. Imposes a limit on the amount of credit based on modified adjusted gross income of the taxpayer over $40,000 . Limits the period the credit is allowed to a taxpayer or spouse to the first 60 months in which interest payments are required. Provides that any loan and all refinancings of any loan shall be treated as one loan. Allows a credit, if the education loan was used to pay the education expenses of an individual other than the taxpayer or the taxpayer's spouse, for certain dependents. Defines qualified education loan and qualified higher education expenses. Allows a credit to a married couple only if such couple files a joint return. Requires that an individual engaged in a trade or business who receives from any individual interest aggregating $600 or more on any qualified education loan, make a return with respect to each individual from whom such interest was received. Directs that in the case of returns which would be required to be made by two or more persons, only the person first receiving such interest shall be required to make the return.","title":"Higher Education Investment Act of 1995","text_len":12417,"sum_len":1344} {"bill_id":"111_hr4684","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``National September 11 Memorial & \nMuseum Commemorative Medal Act of 2010''.\nSEC. 2. STRIKING AND DESIGN OF MEDALS.\n (a) Striking of Medals.--In commemoration of the 10th anniversary \nof the September 11, 2001, terrorist attacks on the United States and \nthe establishment of the National September 11 Memorial & Museum at the \nWorld Trade Center, the Secretary of the Treasury (hereinafter referred \nto as the ``Secretary'') shall strike and make available for sale not \nmore than 2,000,000 silver medals, each of which shall contain 1 ounce \nof silver.\n (b) Design Requirement.--\n (1) In general.--The design of the medals struck under this Act \n shall be emblematic of the courage, sacrifice, and strength of \n those individuals who perished in the terrorist attacks of \n September 11, 2001, the bravery of those who risked their lives to \n save others that day, and the endurance, resilience, and hope of \n those who survived.\n (2) Inscriptions.--On each medal struck under this Act, there \n shall be--\n (A) an inscription of the years ``2001-2011''; and\n (B) an inscription of the words ``Always Remember''.\n (c) Selection.--The design for the medals struck under this Act \nshall be--\n (1) selected by the Secretary, after consultation with the \n National September 11 Memorial & Museum at the World Trade Center \n and the Commission of Fine Arts; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\nSEC. 3. ISSUANCE OF MEDALS.\n (a) Quality of Medals.--The medals struck under this Act shall be \nmade available for sale in the quality comparable to proof coins.\n (b) Mint Facility.--\n (1) In general.--Only 2 facilities of the United States Mint \n may be used to strike medals under this Act.\n (2) Use of the united states mints at west point, new york, and \n philadelphia, pennsylvania.--It is the sense of Congress that, to \n the extent possible, approximately one-half of the medals to be \n struck under this Act should be struck at the United States Mint at \n West Point, New York, and approximately one-half struck at the \n United States Mint at Philadelphia, Pennsylvania.\n (c) Date of Issuance.--The Secretary may make the medals available \nfor sale under this Act beginning on January 1, 2011.\n (d) Termination of Authority.--No medals shall be struck under this \nAct after December 31, 2012.\nSEC. 4. NUMISMATIC ITEMS.\n For purposes of sections 5134 and 5136 of title 31, United States \nCode, all medals struck under this Act shall be considered to be \nnumismatic items.\nSEC. 5. NATIONAL MEDALS.\n The medals struck under this Act are national medals for purposes \nof chapter 51 of title 31, United States Code.\nSEC. 6. SALE OF MEDALS.\n (a) Sales Price.--The medals made available for sale under this Act \nshall be sold by the Secretary at a price equal to the sum of--\n (1) the cost of designing and selling such medals (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping); and\n (2) the surcharge provided in section 7 with respect to such \n medals.\n (b) Bulk Sales.--The Secretary shall make bulk sales of the medals \nat a reasonable discount.\n (c) Introductory Orders.--\n (1) In general.--The Secretary shall accept introductory orders \n for medals made available for sale under this Act.\n (2) Discount.--Sale prices with respect to introductory orders \n under paragraph (1) shall be made at a reasonable discount.\nSEC. 7. SURCHARGES.\n (a) In General.--All sales of medals made available for sale under \nthis Act shall include a surcharge of $10 per medal.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \nmedals under this Act shall be paid to the National September 11 \nMemorial & Museum at the World Trade Center to support the operations \nand maintenance of the National September 11 Memorial & Museum at the \nWorld Trade Center following its completion.\n (c) Audits.--The Comptroller General of the United States shall \nhave the right to examine such books, records, documents, and other \ndata of the National September 11 Memorial & Museum at the World Trade \nCenter as may be related to the expenditures of amounts paid under \nsubsection (b).\nSEC. 8. BUDGET COMPLIANCE.\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Committee on the Budget of the House of \nRepresentatives, provided that such statement has been submitted prior \nto the vote on passage.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"National September 11 Memorial Museum Commemorative Medal Act of 2010 - Directs the Secretary of the Treasury to strike and make available for sale not more than 2 million silver national medals, containing one ounce of silver each, in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial Museum at the World Trade Center. Declares that all sales of medals under this Act shall include a surcharge of $10 per medal, which shall be paid to the National September 11 Memorial Museum at the World Trade Center to support its operations and maintenance. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.","title":"To require the Secretary of the Treasury to strike medals in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center.","text_len":5160,"sum_len":767} {"bill_id":"113_hr2659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Opportunities for Success Act of \n2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Internships are increasingly important to the ability \n of college students to gain skills, make professional \n connections, and find jobs after graduation.\n (2) In 2011, according to the National Association of \n Colleges and Employers, employers offered full-time positions \n to 61.2 percent of their interns with an acceptance rate of \n 86.5 percent.\n (3) Many students struggle to make ends meet; 66 percent of \n young community college students dedicate more than 20 hours a \n week to an outside job, and the need of many students to \n maintain a part-time or full-time job reduces or eliminates the \n time available for an internship.\n (4) Internships often require significant time commitments \n or temporary relocation, which many students are unable to \n afford; these additional living expenses include housing, \n meals, and travel, and these costs make unpaid internships with \n employers like non-profit organizations and government even \n more inaccessible for those with low and middle incomes.\n (5) In 2011, 46 percent of students who had completed an \n internship were offered jobs, compared with 31 percent of \n students who did not complete an internship; more than 76 \n percent of employers rank relevant experience as the most \n important quality when hiring.\n (6) Many university officials and employers acknowledge \n that participating in an undergraduate internship is extremely \n helpful for finding meaningful employment in today's job \n market.\n\nSEC. 3. OPPORTUNITIES FOR SUCCESS PROGRAM.\n\n (a) Program Authorized.--From the amounts made available to carry \nout this Act, the Secretary of Education shall establish a grant \nprogram to award grants to qualifying educational institutions in \naccordance with this section in order to support eligible students \nattending such institutions during internships.\n (b) Application.--To receive a grant under this section, a \nqualifying educational institution shall submit to the Secretary an \napplication at such time, in such manner, and containing such \ninformation as the Secretary may require.\n (c) Use of Funds by Qualifying Educational Institutions.--A \nqualifying educational institution receiving a grant under this section \nshall use the grant funds in accordance with the following:\n (1) Activities.--Such institution may only use the grant to \n fund internship awards in accordance with this section to \n eligible students enrolled at the institution.\n (2) Administration of internship awards.--Internship awards \n made from the grant--\n (A) shall be administered by the financial aid \n office of such institution; and\n (B) may be administered in conjunction with the \n career development office and career center of such \n institution.\n (3) Prohibition on alteration of financial aid.--A \n student's receipt of an internship award from a grant under \n this section shall not be taken into account in determining the \n need or eligibility of the student for financial assistance \n under title IV of the Higher Education Act of 1965 (20 U.S.C. \n 1070 et seq.).\n (4) Supplement not supplant.--Funds made available to carry \n out this section shall be used to supplement, and not supplant, \n other Federal and State funds available to carry out the \n activities described in this section.\n (5) Deadline for summer internships.--Such institution \n shall make an award for a summer internship under this section \n by June 30 of a calendar year preceding the first day of the \n summer internship for that year.\n (d) Calculating Award Amounts.--\n (1) Amount to qualifying educational institutions.--\n (A) In general.--In determining a grant amount for \n a qualifying educational institution under this \n section, the Secretary shall ensure that the \n institution's grant is equal to an amount that bears \n the same relationship to the total funds available to \n carry out this section for a fiscal year as the number \n of eligible students enrolled at the institution (as \n determined by the Secretary on the basis of the most \n recent satisfactory data) bears to the total number of \n eligible students enrolled at all qualifying \n educational institutions, as so determined.\n (B) Reallocation.--If a qualifying educational \n institution does not receive funds under this \n paragraph, the Secretary shall reallocate such funds to \n other qualifying educational institutions in the same \n proportion funds are allocated under subparagraph (A).\n (C) Exception.--In the case of a qualifying \n educational institution that does not award all of the \n grant funds received under this section for a fiscal \n year to eligible students in accordance with this \n section, the Secretary, in awarding grants under this \n section for the succeeding fiscal year--\n (i) shall reallocate the unused funds to \n other qualifying educational institutions in \n the same proportion funds are allocated under \n subparagraph (A); and\n (ii) may award such institution a grant in \n an amount that is less than the full grant \n amount such institution would have otherwise \n received under subparagraph (A) for such year.\n (2) Student award parameters.--\n (A) Maximum student award.--A student receiving an \n award of funds from a grant to a qualifying educational \n institution under this section may not receive--\n (i) more than $5,000 from such grant if the \n award is for a full-time internship; and\n (ii) more than $2,500 from such grant if \n the award is for a part-time internship.\n (B) Calculation of student award.--\n (i) Unpaid internships.--\n (I) Awards for in-school \n students.--Subject to subparagraph (A), \n in the case of a student receiving an \n award for an unpaid internship that \n occurs during a period of enrollment at \n the awarding qualifying educational \n institution, the amount of the award \n shall be, to the extent practicable, an \n amount based on the higher of--\n (aa) the applicable Federal \n minimum wage by each hour of \n the internship; or\n (bb) the applicable State \n minimum wage of the State in \n which the institution is \n located by each hour of the \n internship.\n (II) Awards for students during \n summer and winter terms.--\n (aa) In general.--Subject \n to subparagraph (A), in the \n case of a student receiving an \n award for an unpaid internship \n that occurs during a period of \n nonattendance at the awarding \n educational institution, the \n amount of the award shall, to \n the extent practicable, be an \n amount that covers reasonable \n cost of living expenses for the \n student.\n (bb) Reasonable cost of \n living expenses.--For purposes \n of item (aa), ``reasonable cost \n of living expenses'' shall \n include considerations of--\n\n (AA) the location \n of the internship;\n\n (BB) the length of \n the internship;\n\n (CC) travel costs \n associated with the \n internship;\n\n (DD) housing costs \n during the duration of \n the internship;\n\n (EE) meal costs \n during the duration of \n the internship; and\n\n (FF) whether the \n internship is full-time \n or part-time.\n\n (ii) Paid internships.--In the case of a \n student receiving an award for a paid \n internship, the amount of the award shall be \n determined by reducing the amount such student \n would receive for an unpaid internship as \n calculated under clause (i) by the amount of \n income that the internship will provide to the \n student.\n (e) Awards Non-Taxable.--An award received by a student under this \nsection shall not be considered taxable income.\n (f) Carry-Back Authorized.--A qualifying educational institution \nreceiving a grant under this section for a fiscal year may use such \ngrant funds to make internship awards under this section prior to the \nbeginning of the fiscal year, but after the end of the previous \nacademic year.\n (g) Reports.--Not later than 1 year after the date of enactment of \nthis Act and each succeeding year in which the Secretary makes grants \nunder this section, the Secretary shall submit to Congress a report \ndetailing, with regard to grants made under this section for the \nprevious academic year--\n (1) the percentage of students receiving internship funds \n from grants under this section who, not later than 2 years \n after graduating from a qualifying educational institution, are \n hired in a field related to the internship for which the \n students received such funds;\n (2) the number of qualifying educational institutions \n receiving grants under this section;\n (3) the categories of qualifying educational institutions \n (such as 4-year public institutions, 4-year private, nonprofit \n institutions, 2-year public institutions, and 2-year private, \n nonprofit institutions) receiving grants under this section;\n (4) the number of students receiving internship funds from \n grants under this section, and the degrees such students are \n pursuing;\n (5) the number of paid internships, and the number of \n unpaid internships, funded by such grants;\n (6) the locations of internships funded by such grants;\n (7) the number of students who used internship funds \n awarded under this section to complete an internship more than \n 60 miles from the qualifying educational institution that made \n such award or that required the students to temporarily \n relocate for the duration of the internship; and\n (8) the types of internships (such as full-time summer \n internships, part-time summer internship, or part-time semester \n internships) completed by students receiving awards funded by \n such grants.\n (h) Regulations.--The Secretary shall prescribe such regulations as \nmay be necessary to carry out this section, including regulations that \nprovide guidance to qualifying educational institutions on how to \ndetermine whether an internship meets the requirements of subclauses \n(I) through (III) of subsection (i)(1)(F)(vi).\n (i) Definitions.--For purposes of this section:\n (1) Eligible student.--The term ``eligible student'' means \n a student who--\n (A) is a full-time or half-time student (as such \n terms are defined in section 668.2 of title 34, Code of \n Federal Regulations (or a successor regulation));\n (B) is eligible for a Federal Pell Grant under \n section 401 of the Higher Education Act of 1965 (20 \n U.S.C. 1070a et seq.);\n (C) is enrolled at a qualifying educational \n institution in a program of study that leads to an \n associate's or bachelor's degree;\n (D) if the student has accepted an internship \n during a period of nonattendance at a qualifying \n educational institution--\n (i) demonstrates that the student is \n planning to re-enroll at such institution for \n the next period of enrollment at such \n institution by registering for such period of \n enrollment at the institution or accepting the \n institution's offer of admittance for such \n period of enrollment; and\n (ii) will be eligible for a Federal Pell \n Grant under section 401 of such Act (20 U.S.C. \n 1070a et seq.), for such period of enrollment;\n (E) has not, while pursuing the same degree that \n such student is currently pursuing, previously received \n an award that included funds granted under subsection \n (a) to a qualifying educational institution; and\n (F) has received an official internship offer, as \n defined by the Secretary in regulations, for an \n internship that--\n (i) is located within the United States;\n (ii) in a case in which the internship \n employs (as defined under section 3(g) of the \n Fair Labor Standards Act (29 U.S.C. 203(g)) the \n student, meets the requirements of such Act (29 \n U.S.C. 201 et seq.);\n (iii) is a full-time summer internship, a \n part-time summer internship, or a part-time \n semester internship;\n (iv) is not less than 4 weeks in duration, \n and is not greater in duration than the shorter \n of--\n (I) the length of a standard \n academic period at the qualifying \n educational institution; or\n (II) in the case of an internship \n that occurs during a period of \n nonattendance at the awarding \n qualifying educational institution, 10 \n weeks, or in the case of an internship \n that occurs during a period of \n attendance at the awarding qualifying \n educational institution, 12 weeks;\n (v) is--\n (I) an unpaid internship; or\n (II) a paid internship that, \n according to the determination of the \n qualifying educational institution, \n without an award under this section \n such student would otherwise be unable \n to afford participating in such \n internship; and\n (vi) is determined by the qualifying \n educational institution to be an internship \n that--\n (I) is of good and reputable \n quality;\n (II) affords adequate educational \n or skill-building opportunities; and\n (III) is reasonably associated with \n the student's course of study at a \n qualifying educational institution.\n (2) Full-time.--The term ``full-time'', when used with \n respect to an internship, shall be defined by the Secretary in \n regulations.\n (3) Qualifying educational institution.--The term \n ``qualifying educational institution'' has the meaning given \n the term ``institution of higher education'' in section 101(a) \n of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).\n (4) Part-time.--The term ``part-time'', when used with \n respect to an internship, shall be defined by the Secretary in \n regulations.\n (5) Period of nonattendence.--The term ``period of \n nonattendence'', when used with respect to a student, means a \n period during which the student is not enrolled at a qualifying \n educational institution, including a summer or winter term.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Education.","summary":"Opportunities for Success Act of 2013 - Directs the Secretary of Education to award grants to institutions of higher education for use in providing their students with financial support to engage in internships reasonably associated with their studies. Requires support recipients to be full-time or half-time students who are eligible for Federal Pell Grants. Sets the student support level for unpaid internships at: (1) the higher of the federal or state minimum wage for each hour of the internship, if the internship occurs while the student is enrolled in classes. And (2) the student's reasonable cost of living expenses, if the internship occurs while the student is not enrolled in classes. Sets the support level for paid internships by reducing the amount the student would receive for an unpaid internship by the amount the paid internship provides to the student. Caps the total support a student may receive for full-time and part-time internships. Makes that support nontaxable and excludes it from the calculation of a student's need or eligibility for financial assistance under title IV of the Higher Education Act of 1965.","title":"Opportunities for Success Act of 2013","text_len":19278,"sum_len":1141} {"bill_id":"104_hr3475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alcohol Advertising Accountability \nAct of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) In 1995, the Department of Health and Human Services \n found that there is a significant underage drinking problem and \n estimated that there are 11 million drinkers of alcoholic \n beverages who are under the age of 21. Of that number, 2 \n million are heavy drinkers of such beverages.\n (2) In 1995, the proportion of students having 5 or more \n drinks in a row during the 2 week period preceding the \n Monitoring the Future Survey were 15 percent for 8th graders, \n 24 percent for 10th graders, and 30 percent for 12th graders.\n (3) The median age at which children begin drinking \n alcoholic beverages is just over 13 years. 67 percent of \n students in the 8th grade have tried an alcoholic beverage.\n (4) A 1995 survey found that 50 percent of the teenagers \n who were asked said that alcohol is a more serious problem \n among today's youth than illicit drugs.\n (5) In 1993, nearly 10 percent (over 110,000) of the \n clients admitted to State-funded alcohol treatment programs \n were under the age of 21.\n (6) Alcoholic beverage companies spent $2 billion to \n advertise and promote their products in 1995. The budget of the \n National Institute on Alcohol Abuse and Alcoholism for the same \n year was $176 million.\n (7) According to a study published in the American Journal \n of Public Health, viewing beer ads on television may predispose \n young people to drinking beer. Children who are more aware of \n beer advertisements hold more favorable beliefs about drinking \n beer and intend to drink beer more frequently as adults.\n (8) Almost half of all adults think that alcohol industry \n advertising greatly influences underage youth to drink \n alcoholic beverages, another one-third think industry \n advertising has some influence.\n\nSEC. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTISING.\n\n (a) Action by the Secretary.--The Secretary of Health and Human \nServices shall report annually to the Congress on alcohol advertising, \nits profile and its effects. To assist the Secretary in gathering \ninformation for such report, the Secretary shall establish a panel made \nup of such individuals as the Secretary, in the Secretary's discretion, \nmay select from individuals in the Department of Health and Human \nServices or any other Federal agency.\n (b) Panel Function.--The panel established by the Secretary of \nHealth and Human Services under subsection (a) shall review alcohol \nadvertising in all media, including broadcast and cable television, \nother electronic means, and print and outdoor advertising and review \npromotional activities undertaken to promote the sale of alcoholic \nbeverages. The Secretary shall convene at least 2 public hearings \nbefore the panel established under subsection (a) each year and shall \nhave the panel conduct a hearing in each of the regional offices of the \nDepartment of Health and Human Services over the 5-year period \nbeginning on the date of the enactment of this Act.\n (c) Report Content.--The report of the Secretary of Health and \nHuman Services under subsection (a) shall be developed on the basis of \nthe work conducted by the panel established under subsection (a) and \nshall include--\n (1) an identification of--\n (A) the media used by alcohol advertising to reach \n children,\n (B) the total expenditures for alcoholic beverage \n advertising in each media and in promotions,\n (C) the extent to which media program audiences are \n under the age of 21,\n (D) an identification of the types and themes of \n alcohol advertising in all media (especially in \n broadcast) and other electronic means,\n (E) any graphics, slogans, children's characters, \n and techniques that are used and that appeal to youth, \n and\n (F) the extent to which other promotional efforts \n used to market alcoholic beverages which appear in \n clothing, sporting events, contests, and concerts \n appeal to individuals under the age of 21;\n (2) a determination of the extent to which young people are \n exposed to alcohol advertising and promotions of alcoholic \n beverages;\n (3) an evaluation of the relationship between alcohol \n advertising practices and underage drinking, drunk driving, and \n related public health problems; and\n (4) an evaluation of alcohol industry sponsored campaigns \n addressing public service and prevention messages for underage \n drinking, drunk driving, and other alcohol-related topics.\n (d) Recommendations.--The report of the Secretary of Health and \nHuman Services under subsection (a) shall also include such \nrecommendations for legislation as the Secretary determines are \nappropriate.","summary":"Alcohol Advertising Accountability Act of 1996 - Mandates: (1) an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation. And (2) establishment of a panel to assist in gathering information for the report.","title":"Alcohol Advertising Accountability Act of 1996","text_len":5339,"sum_len":277} {"bill_id":"115_s252","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Drug Savings Act of 2017''.\n\nSEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS \n DISPENSED TO LOW-INCOME INDIVIDUALS.\n\n (a) In General.--Section 1860D-2 of the Social Security Act (42 \nU.S.C. 1395w-102) is amended--\n (1) in subsection (e)(1), in the matter preceding \n subparagraph (A), by inserting ``and subsection (f)'' after \n ``this subsection''; and\n (2) by adding at the end the following new subsection:\n ``(f) Prescription Drug Rebate Agreement for Rebate Eligible \nIndividuals.--\n ``(1) Requirement.--\n ``(A) In general.--For plan years beginning on or \n after January 1, 2019, in this part, the term `covered \n part D drug' does not include any drug or biological \n product that is manufactured by a manufacturer that has \n not entered into and have in effect a rebate agreement \n described in paragraph (2).\n ``(B) 2018 plan year requirement.--Any drug or \n biological product manufactured by a manufacturer that \n declines to enter into a rebate agreement described in \n paragraph (2) for the period beginning on January 1, \n 2018, and ending on December 31, 2018, shall not be \n included as a `covered part D drug' for the subsequent \n plan year.\n ``(2) Rebate agreement.--A rebate agreement under this \n subsection shall require the manufacturer to provide to the \n Secretary a rebate for each rebate period (as defined in \n paragraph (6)(B)) ending after December 31, 2017, in the amount \n specified in paragraph (3) for any covered part D drug of the \n manufacturer dispensed after December 31, 2017, to any rebate \n eligible individual (as defined in paragraph (6)(A)) for which \n payment was made by a PDP sponsor or MA organization under this \n part for such period, including payments passed through the \n low-income and reinsurance subsidies under sections 1860D-14 \n and 1860D-15(b), respectively. Such rebate shall be paid by the \n manufacturer to the Secretary not later than 30 days after the \n date of receipt of the information described in section 1860D-\n 12(b)(7), including as such section is applied under section \n 1857(f)(3), or 30 days after the receipt of information under \n subparagraph (D) of paragraph (3), as determined by the \n Secretary. Insofar as not inconsistent with this subsection, \n the Secretary shall establish terms and conditions of such \n agreement relating to compliance, penalties, and program \n evaluations, investigations, and audits that are similar to the \n terms and conditions for rebate agreements under paragraphs (3) \n and (4) of section 1927(b).\n ``(3) Rebate for rebate eligible medicare drug plan \n enrollees.--\n ``(A) In general.--The amount of the rebate \n specified under this paragraph for a manufacturer for a \n rebate period, with respect to each dosage form and \n strength of any covered part D drug provided by such \n manufacturer and dispensed to a rebate eligible \n individual, shall be equal to the product of--\n ``(i) the total number of units of such \n dosage form and strength of the drug so \n provided and dispensed for which payment was \n made by a PDP sponsor or an MA organization \n under this part for the rebate period, \n including payments passed through the low-\n income and reinsurance subsidies under sections \n 1860D-14 and 1860D-15(b), respectively; and\n ``(ii) the amount (if any) by which--\n ``(I) the Medicaid rebate amount \n (as defined in subparagraph (B)) for \n such form, strength, and period, \n exceeds\n ``(II) the average Medicare drug \n program rebate eligible rebate amount \n (as defined in subparagraph (C)) for \n such form, strength, and period.\n ``(B) Medicaid rebate amount.--For purposes of this \n paragraph, the term `Medicaid rebate amount' means, \n with respect to each dosage form and strength of a \n covered part D drug provided by the manufacturer for a \n rebate period--\n ``(i) in the case of a single source drug \n or an innovator multiple source drug, the \n amount specified in paragraph (1)(A)(ii)(II) or \n (2)(C) of section 1927(c) plus the amount, if \n any, specified in subparagraph (A)(ii) of \n paragraph (2) of such section, for such form, \n strength, and period; or\n ``(ii) in the case of any other covered \n outpatient drug, the amount specified in \n paragraph (3)(A)(i) of such section for such \n form, strength, and period.\n ``(C) Average medicare drug program rebate eligible \n rebate amount.--For purposes of this subsection, the \n term `average Medicare drug program rebate eligible \n rebate amount' means, with respect to each dosage form \n and strength of a covered part D drug provided by a \n manufacturer for a rebate period, the sum, for all PDP \n sponsors under part D and MA organizations \n administering an MA-PD plan under part C, of--\n ``(i) the product, for each such sponsor or \n organization, of--\n ``(I) the sum of all rebates, \n discounts, or other price concessions \n (not taking into account any rebate \n provided under paragraph (2) or any \n discounts under the program under \n section 1860D-14A) for such dosage form \n and strength of the drug dispensed, \n calculated on a per-unit basis, but \n only to the extent that any such \n rebate, discount, or other price \n concession applies equally to drugs \n dispensed to rebate eligible Medicare \n drug plan enrollees and drugs dispensed \n to PDP and MA-PD enrollees who are not \n rebate eligible individuals; and\n ``(II) the number of the units of \n such dosage and strength of the drug \n dispensed during the rebate period to \n rebate eligible individuals enrolled in \n the prescription drug plans \n administered by the PDP sponsor or the \n MA-PD plans administered by the MA \n organization; divided by\n ``(ii) the total number of units of such \n dosage and strength of the drug dispensed \n during the rebate period to rebate eligible \n individuals enrolled in all prescription drug \n plans administered by PDP sponsors and all MA-\n PD plans administered by MA organizations.\n ``(D) Use of estimates.--The Secretary may \n establish a methodology for estimating the average \n Medicare drug program rebate eligible rebate amounts \n for each rebate period based on bid and utilization \n information under this part and may use these estimates \n as the basis for determining the rebates under this \n section. If the Secretary elects to estimate the \n average Medicare drug program rebate eligible rebate \n amounts, the Secretary shall establish a reconciliation \n process for adjusting manufacturer rebate payments not \n later than 3 months after the date that manufacturers \n receive the information collected under section 1860D-\n 12(b)(7)(B).\n ``(4) Length of agreement.--The provisions of paragraph (4) \n of section 1927(b) (other than clauses (iv) and (v) of \n subparagraph (B)) shall apply to rebate agreements under this \n subsection in the same manner as such paragraph applies to a \n rebate agreement under such section.\n ``(5) Other terms and conditions.--The Secretary shall \n establish other terms and conditions of the rebate agreement \n under this subsection, including terms and conditions related \n to compliance, that are consistent with this subsection.\n ``(6) Definitions.--In this subsection and section 1860D-\n 12(b)(7):\n ``(A) Rebate eligible individual.--The term `rebate \n eligible individual' means--\n ``(i) a subsidy eligible individual (as \n defined in section 1860D-14(a)(3)(A));\n ``(ii) a Medicaid beneficiary treated as a \n subsidy eligible individual under clause (v) of \n section 1860D-14(a)(3)(B); and\n ``(iii) any part D eligible individual not \n described in clause (i) or (ii) who is \n determined for purposes of the State plan under \n title XIX to be eligible for medical assistance \n under clause (i), (iii), or (iv) of section \n 1902(a)(10)(E).\n ``(B) Rebate period.--The term `rebate period' has \n the meaning given such term in section 1927(k)(8).''.\n (b) Reporting Requirement for the Determination and Payment of \nRebates by Manufacturers Related to Rebate for Rebate Eligible Medicare \nDrug Plan Enrollees.--\n (1) Requirements for pdp sponsors.--Section 1860D-12(b) of \n the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by \n adding at the end the following new paragraph:\n ``(7) Reporting requirement for the determination and \n payment of rebates by manufacturers related to rebate for \n rebate eligible medicare drug plan enrollees.--\n ``(A) In general.--For purposes of the rebate under \n section 1860D-2(f) for contract years beginning on or \n after January 1, 2019, each contract entered into with \n a PDP sponsor under this part with respect to a \n prescription drug plan shall require that the sponsor \n comply with subparagraphs (B) and (C).\n ``(B) Report form and contents.--Not later than a \n date specified by the Secretary, a PDP sponsor of a \n prescription drug plan under this part shall report to \n each manufacturer--\n ``(i) information (by National Drug Code \n number) on the total number of units of each \n dosage, form, and strength of each drug of such \n manufacturer dispensed to rebate eligible \n Medicare drug plan enrollees under any \n prescription drug plan operated by the PDP \n sponsor during the rebate period;\n ``(ii) information on the price discounts, \n price concessions, and rebates for such drugs \n for such form, strength, and period;\n ``(iii) information on the extent to which \n such price discounts, price concessions, and \n rebates apply equally to rebate eligible \n Medicare drug plan enrollees and PDP enrollees \n who are not rebate eligible Medicare drug plan \n enrollees; and\n ``(iv) any additional information that the \n Secretary determines is necessary to enable the \n Secretary to calculate the average Medicare \n drug program rebate eligible rebate amount (as \n defined in paragraph (3)(C) of such section), \n and to determine the amount of the rebate \n required under this section, for such form, \n strength, and period.\n Such report shall be in a form consistent with a \n standard reporting format established by the Secretary.\n ``(C) Submission to secretary.--Each PDP sponsor \n shall promptly transmit a copy of the information \n reported under subparagraph (B) to the Secretary for \n the purpose of audit oversight and evaluation.\n ``(D) Confidentiality of information.--The \n provisions of subparagraph (D) of section 1927(b)(3), \n relating to confidentiality of information, shall apply \n to information reported by PDP sponsors under this \n paragraph in the same manner that such provisions apply \n to information disclosed by manufacturers or \n wholesalers under such section, except--\n ``(i) that any reference to `this section' \n in clause (i) of such subparagraph shall be \n treated as being a reference to this section;\n ``(ii) the reference to the Director of the \n Congressional Budget Office in clause (iii) of \n such subparagraph shall be treated as including \n a reference to the Medicare Payment Advisory \n Commission; and\n ``(iii) clause (iv) of such subparagraph \n shall not apply.\n ``(E) Oversight.--Information reported under this \n paragraph may be used by the Inspector General of the \n Department of Health and Human Services for the \n statutorily authorized purposes of audit, \n investigation, and evaluations.\n ``(F) Penalties for failure to provide timely \n information and provision of false information.--In the \n case of a PDP sponsor--\n ``(i) that fails to provide information \n required under subparagraph (B) on a timely \n basis, the sponsor is subject to a civil money \n penalty in the amount of $10,000 for each day \n in which such information has not been \n provided; or\n ``(ii) that knowingly (as defined in \n section 1128A(i)) provides false information \n under such subparagraph, the sponsor is subject \n to a civil money penalty in an amount not to \n exceed $100,000 for each item of false \n information.\n Such civil money penalties are in addition to other \n penalties as may be prescribed by law. The provisions \n of section 1128A (other than subsections (a) and (b)) \n shall apply to a civil money penalty under this \n subparagraph in the same manner as such provisions \n apply to a penalty or proceeding under section \n 1128A(a).''.\n (2) Application to ma organizations.--Section 1857(f)(3) of \n the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended \n by adding at the end the following:\n ``(D) Reporting requirement related to rebate for \n rebate eligible medicare drug plan enrollees.--Section \n 1860D-12(b)(7).''.\n (c) Deposit of Rebates Into Medicare Prescription Drug Account.--\nSection 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c)) \nis amended by adding at the end the following new paragraph:\n ``(6) Rebate for rebate eligible medicare drug plan \n enrollees.--Amounts paid under a rebate agreement under section \n 1860D-2(f) shall be deposited into the Account.''.\n (d) Exclusion From Determination of Best Price and Average \nManufacturer Price Under Medicaid.--\n (1) Exclusion from best price determination.--Section \n 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. \n 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts \n paid under a rebate agreement under section 1860D-2(f)'' after \n ``this section''.\n (2) Exclusion from average manufacturer price \n determination.--Section 1927(k)(1)(B)(i) of the Social Security \n Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended--\n (A) in subclause (IV), by striking ``and'' after \n the semicolon;\n (B) in subclause (V), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(VI) amounts paid under a rebate \n agreement under section 1860D-2(f).''.","summary":"Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare amp, Medicaid Servicesnbsp. (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report,nbsp, both to drug manufacturers andnbsp. To the CMS, specified information related to the determination and payment of such rebates.","title":"Medicare Drug Savings Act of 2017","text_len":18703,"sum_len":534} {"bill_id":"109_hr5383","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n This Act may be cited as the ``Credit Card Accountability \nResponsibility and Disclosure Act of 2006'' or the ``Credit CARD Act of \n2006''.\n\nSEC. 2. REGULATORY AUTHORITY.\n\n The Board of Governors of the Federal Reserve System may issue such \nrules or publish such model forms as it considers necessary to carry \nout this Act and the amendments made by this Act, in accordance with \nsections 105 and 122 of the Truth in Lending Act.\n\n TITLE I--REGULATIONS REGARDING CERTAIN RATES AND FEES\n\nSEC. 101. PRIOR NOTICE OF RATE INCREASES REQUIRED.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby adding at the end the following:\n ``(h) Advance Notice of Increase in Interest Rate Required.--\n ``(1) In general.--In the case of any credit card account \n under an open end consumer credit plan, no increase in any \n annual percentage rate of interest (other than an increase due \n to the expiration of any introductory percentage rate of \n interest, or due solely to a change in another rate of interest \n to which such rate is indexed)--\n ``(A) may take effect before the beginning of the \n billing cycle which begins not less than 15 days after \n the obligor receives notice of such increase; or\n ``(B) may apply to any outstanding balance of \n credit under such plan as of the date of the notice of \n the increase required under paragraph (1).\n ``(2) Notice of right to cancel.--The notice referred to in \n paragraph (1) with respect to an increase in any annual \n percentage rate of interest shall be made in a clear and \n conspicuous manner and shall contain a brief statement of the \n right of the obligor to cancel the account before the effective \n date of the increase.''.\n\nSEC. 102. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (h) (as added by section 101 of this \ntitle) the following new subsection:\n ``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.--If \nan obligor referred to in subsection (h) closes or cancels a credit \ncard account before the beginning of the billing cycle referred to in \nsubsection (h)(1)--\n ``(1) an annual percentage rate of interest applicable \n after the cancellation with respect to the outstanding balance \n on the account as of the date of cancellation may not exceed \n any annual percentage rate of interest applicable with respect \n to such balance under the terms and conditions in effect before \n the date of the notice of any increase referred to in \n subsection (h)(1); and\n ``(2) the repayment of the outstanding balance after the \n cancellation shall be subject to all other terms and conditions \n applicable with respect to such account before the date of the \n notice of the increase referred to in subsection (h).''.\n\nSEC. 103. LIMITS ON FINANCE AND INTEREST CHARGES FOR ON-TIME PAYMENTS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (i) (as added by section 102 of this \ntitle) the following new subsection:\n ``(j) Prohibition on Penalties for On-Time Payments.--\n ``(1) Prohibition on finance charges for on-time \n payments.--In the case of any credit card account under an open \n end credit plan, where no other balance is owing on the \n account, no finance or interest charge may be imposed with \n regard to any amount of a new extension of credit that was paid \n on or before the date on which it was due.\n ``(2) Prohibition on cancellation or additional fees for \n on-time payments or payment in full.--In the case of any credit \n card account under an open end consumer credit plan, no fee or \n other penalty may be imposed on the consumer in connection with \n the payment in full of an existing account balance, or payment \n of more than the minimum required payment of an existing \n account balance.''.\n\nSEC. 104. PROHIBITION ON OVER-THE-LIMIT FEES FOR CREDITOR-APPROVED \n TRANSACTIONS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (j) (as added by section 103 of this \ntitle) the following new subsection:\n ``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case \nof any credit card account under an open end consumer credit plan, a \ncreditor may not impose any fees on the obligor for any extension of \ncredit in excess of the amount of credit authorized to be extended with \nrespect to such account, if the extension of credit is made in \nconnection with a credit transaction which the creditor approves in \nadvance or at the time of the transaction.''.\n\n TITLE II--ENHANCED CONSUMER DISCLOSURES\n\nSEC. 201. PAYOFF TIMING DISCLOSURES.\n\n (a) In General.--Section 127(b) of the Truth in Lending Act (15 \nU.S.C. 1637(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Repayment information.--\n ``(A) In general.--Repayment information that would \n apply to the outstanding balance of the consumer under \n the credit plan, including--\n ``(i) the outstanding balance in the \n account at the beginning of the statement \n period, as required by paragraph (1) of this \n subsection;\n ``(ii) the required minimum monthly payment \n on that balance, represented as both a dollar \n figure and as a percentage of that balance;\n ``(iii) the grace period within which \n payment must be made to avoid additional \n charges, as required by paragraph (9) of this \n subsection; and\n ``(iv) the monthly payments amount that \n would be required for the consumer to eliminate \n the outstanding balance in 36 months if no \n further advances are made.\n ``(B) Applicable annual percentage rate.--\n ``(i) In general.--Subject to clause (ii), \n in making the disclosures under subparagraph \n (A), the creditor shall apply the annual \n percentage rate in effect on the date on which \n the disclosure is made until the date on which \n the balance would be paid in full.\n ``(ii) Exception.--If the annual percentage \n rate in effect on the date on which the \n disclosure is made is a temporary rate that \n will change under a contractual provision \n applying an index or formula for subsequent \n interest rate adjustment, the creditor shall \n apply the rate in effect on the date on which \n the disclosure is made for as long as that rate \n will apply under that contractual provision, \n and then apply an annual percentage rate based \n on the index or formula in effect on the \n applicable billing date.''.\n (b) Tabular Format Required for Disclosures.--Section 122 of the \nTruth in Lending Act (15 U.S.C. 1632) by adding at the end the \nfollowing new subsection:\n ``(d) Format Required for Certain Disclosures Under Section \n127(b)(12).--\n ``(1) Form of disclosure.--All of the information disclosed \n pursuant to section 127(b)(12)(A) shall--\n ``(A) be disclosed in the form and manner which the \n Board shall prescribe by regulations under this section \n and in accordance with section 105; and\n ``(B) be placed in a conspicuous and prominent \n location on the billing statement in typeface that is \n at least as large as the largest type on the statement, \n but in no instance less than 12-point in size.\n ``(2) Tabular format.--In the regulations prescribed under \n paragraph (1), the Board shall require that the disclosure of \n such information shall be in the form of a table that--\n ``(A) contains clear and concise headings for each \n item of such information; and\n ``(B) provides a clear and concise form stating \n each item of information required to be disclosed under \n each such heading.\n ``(3) Requirements regarding location and order of table.--\n In prescribing the form of the table under paragraph (2), the \n Board shall require that--\n ``(A) all of the information in the table, and not \n just a reference to the table, be placed on the billing \n statement, as required by this subparagraph; and\n ``(B) the items required to be included in the \n table shall be listed in the order in which such items \n are set forth in section 127(b)(12)(A).\n ``(4) Board discretion in prescribing order and wording of \n table.--In prescribing the form of the table under subparagraph \n (C), the Board may employ terminology which is different than \n the terminology which is employed in subparagraph (A), if such \n terminology is easily understood and conveys substantially the \n same meaning.''.\n (c) Civil Liability.--Section 130(a) of the Truth in Lending Act \n(15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following \nparagraph (4), by striking the second sentence and inserting the \nfollowing: ``In connection with the disclosures referred to in \nsubsections (a) and (b) of section 127, a creditor shall have a \nliability determined under paragraph (2) only for failing to comply \nwith the requirements of section 125, 127(a), or paragraph (4), (5), \n(6), (7), (8), (9), (10), or (11) of section 127(b), or for failing to \ncomply with disclosure requirements under State law for any term or \nitem that the Board has determined to be substantially the same in \nmeaning under section 111(a)(2) as any of the terms or items referred \nto in section 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10), \n(11), or (12) of section 127(b).\n\nSEC. 202. REQUIREMENTS RELATING TO LATE PAYMENT DEADLINES AND \n PENALTIES.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (k) (as added by section 104 of this Act) \nthe following new subsection:\n ``(l) Requirements Relating to Late Payment Deadlines and \nPenalties.--\n ``(1) Late payment deadline and postmark date required to \n be disclosed.--In the case of a credit card account under an \n open end consumer credit plan under which a late fee or charge \n may be imposed due to the failure of the obligor to make \n payment on or before the due date for such payment, the \n periodic statement required under subsection (b) with respect \n to the account shall include, in a conspicuous location on the \n billing statement--\n ``(A) the date by which the payment must be \n postmarked, if paid by mail, in order to avoid the \n imposition of a late payment fee with respect to the \n payment; and\n ``(B) a statement that no late fee may be imposed \n in connection with a payment made by mail which was \n postmarked on or before the postmark date.\n ``(2) Disclosure of increase in interest rates for late \n payments.--If 1 or more late payments under an open end \n consumer credit plan may result in an increase in the annual \n percentage rate the account, the statement required under \n subsection (b) with respect to the account shall include \n conspicuous notice of such fact, together with the applicable \n penalty annual percentage rate, in close proximity to the \n disclosure required in paragraph (1) of the date on which \n payment is due under the terms of the account.\n ``(3) Requirements relating to postmark date.--\n ``(A) In general.--The date included in a periodic \n statement pursuant to paragraph (1)(B) with regard to \n the postmark on a payment shall allow, in accordance \n with regulations prescribed by the Board under \n subparagraph (B), a reasonable time for the consumer to \n make the payment and a reasonable time for the delivery \n of the payment by the due date.\n ``(B) Board regulations.--The Board shall prescribe \n guidelines for determining a reasonable period of time \n for making a payment and delivery of a payment for \n purposes of subparagraph (A), after consultation with \n the Postmaster General and representatives of consumer \n and trade organizations.\n ``(4) Payment at local branches.--If the creditor, in the \n case of a credit card account referred to in paragraph (1), is \n a financial institution which maintains branches or offices at \n which payments on any such account are accepted from the \n obliger in person, the date on which the obliger makes a \n payment on the account at such branch or office shall be \n considered as the date on which the payment is made for \n purposes of determining whether a late fee or charge may be \n imposed due to the failure of the obligor to make payment on or \n before the due date for such payment, to the extent that such \n payment is made before the close of business of the branch or \n office on the business day immediately preceding the due date \n for such payment.''.\n\n TITLE III--PROTECTION OF YOUNG CONSUMERS\n\nSEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS.\n\n Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is \namended by adding at the end the following new paragraph:\n ``(8) Applications from underage consumers.--\n ``(A) Prohibition on issuance.--No credit card may \n be issued to, or open end credit plan established on \n behalf of, a consumer who has not attained the age of \n 21, unless the consumer has submitted a written \n application to the card issuer that meets the \n requirements of subparagraph (B).\n ``(B) Application requirements.--An application to \n open a credit card account by an individual who has not \n attained the age of 21 as of the date of submission of \n the application shall require--\n ``(i) the signature of the parent, legal \n guardian, or spouse of the consumer, or any \n other individual having a means to repay debts \n incurred by the consumer in connection with the \n account, indicating joint liability for debts \n incurred by the consumer in connection with the \n account before the consumer has attained the \n age of 18;\n ``(ii) submission by the consumer of \n financial information indicating an independent \n means of repaying any obligation arising from \n the proposed extension of credit in connection \n with the account; or\n ``(iii) proof by the consumer that the \n consumer has completed a credit counseling \n course of instruction by a nonprofit budget and \n credit counseling agency approved by the Board \n for such purpose.\n ``(C) Minimum requirements for counseling \n agencies.--To be approved by the Board under \n subparagraph (B)(iii), a credit counseling agency \n shall, at a minimum--\n ``(i) be a nonprofit budget and credit \n counseling agency, the majority of the board of \n directors of which--\n ``(I) is not employed by the \n agency; and\n ``(II) will not directly or \n indirectly benefit financially from the \n outcome of a credit counseling session;\n ``(ii) if a fee is charged for counseling \n services, charge a reasonable fee, and provide \n services without regard to ability to pay the \n fee; and\n ``(iii) provide trained counselors who \n receive no commissions or bonuses based on \n referrals, and demonstrate adequate experience \n and background in providing credit \n counseling.''.\n\nSEC. 302. ENHANCED PENALTIES.\n\n Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640 \n(a)(2)(A)(iii)) is amended----\n (1) by striking ``or (iii) in the'' and inserting the \n following:\n ``(iii) in the case of an individual action relating to an \n open end credit plan that is not secured by real property or a \n dwelling, twice the amount of any finance charge in connection \n with the transaction, with a minimum of $500 and a maximum of \n $5,000 or such higher amount as may be appropriate in the case \n of an established pattern or practice of such failures; or\n ``(iv) in the''; and.\n (2) in clause (ii), by striking ``this subparagraph'' and \n inserting ``this clause''.\n\nSEC. 303. RESTRICTIONS ON CERTAIN AFFINITY CARDS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (l) (as added by section 202 of this Act) \nthe following new subsection:\n ``(m) Restrictions on Issuance of Affinity Cards to Students.--No \ncredit card account under an open end credit plan may be established by \nan individual who has not attained the age of 18 as of the date of \nsubmission of the application pursuant to any agreement relating to \naffinity cards, as defined by the Board, between the creditor and an \ninstitution of higher education (as defined in section 101(a) of the \nHigher Education Act of 1965), unless the requirements of section \n127(c)(8) are met with respect to the obliger.''.","summary":"Credit Card Accountability Responsibility and Disclosure Act of 2006, or the Credit CARD Act of 2006 - Amends the Truth in Lending Act to require advance notice of any increase in the annual percentage rate (APR) of interest pertaining a credit card account under an open end consumer credit plan. Imposes a freeze on interest rate terms and fees on canceled cards. Prohibits: (1) penalties for on-time payments. And (2) over-the-limit fees for creditor-approved transactions. Requires disclosure of: (1) the repayment information applicable to the outstanding balance. And (2) late payment deadlines, postmark dates, and any increase in interest rates for late payments. Increases the civil penalty against any creditor who fails to comply with specified requirements in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling. Prohibits issuance of: (1) a credit card under an open end credit plan on behalf of a consumer who has not attained the age of 21, unless the consumer has submitted a written application meeting specified requirements. Or (2) certain affinity cards to students unless certain requirements have been met.","title":"To amend the Consumer Credit Protection Act to ban abusive credit practices, enhance consumer disclosures, protect underage consumers, and for other purposes.","text_len":19611,"sum_len":1196} {"bill_id":"111_hr3361","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Patient Safeguards Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The 2009 Medicare Trustees Report estimates that \n Medicare spending could grow from 3.2 percent of the U.S. \n economy to 11.4 percent during the next 75 years and warns of \n the significant cost burden growth of this magnitude would \n place on workers, Medicare beneficiaries, and the Federal \n budget.\n (2) In 2009, Congress provided $1,150,000,000 for \n comparative effectiveness research, including cost-\n effectiveness analysis.\n (3) The Medicare Payment and Advisory Commission suggested \n that the Centers for Medicare & Medicaid Services use cost \n effectiveness analysis to look at groups of services used to \n treat specific illnesses that have small differences in quality \n but large differences in cost.\n (4) MedPAC has reported concerns that the rigid use of cost \n effectiveness analysis might limit Medicare beneficiaries' \n access to certain services, ration rather than promote \n appropriate care, slow innovation, and interfere with the \n practice of medicine.\n (5) MedPAC has listed methodological and reporting \n shortcomings of cost effectiveness analysis, including not \n using all available clinical evidence, not sufficiently \n reporting on the extent to which the results are applicable to \n the general population, selectively reporting results, and \n placing undue emphasis on certain results of such analysis.\n (6) While serving as the head of Congressional Budget \n Office, White House Budget director Peter Orszag said \n determining which treatment was most cost effective for a given \n population would involve placing a dollar value on an \n additional year of life.\n (7) While serving as the head of Congressional Budget \n Office, White House Budget director Peter Orszag suggested the \n possibility of limiting Medicare coverage for more effective \n but more expensive services.\n (8) CMS recently described cost effectiveness analysis \n expertise as one of its most critical needs to Medicare \n Evidence Development & Coverage Advisory Committee, which \n advises CMS on national coverage determinations (NCDs).\n (9) CMS, through proposed rule making, has twice failed in \n attempts to formally incorporate cost effectiveness analysis \n into NCDs.\n (10) CMS officials report that the agency considers \n potential cost savings before deciding to make changes to a NCD \n that narrows coverage under the Medicare program.\n (11) AARP has stated that comparative effectiveness \n research is intended to help consumers and providers determine \n the best treatment, not just the least costly treatment. AARP \n warned that this information from comparative effectiveness \n research should not be used as a means to deny individuals \n access to appropriate therapeutic options.\n (12) The Congressional Black Caucus, focusing in particular \n on the exacerbating of health inequities across subpopulation \n groups, expressed concerns that comparative effectiveness \n research should not be used as rationale for limiting care to \n the care that works best for the average patient, rather than \n providing coverage for the care that works best for each \n individual patient.\n (13) Congressional New Democrats--\n (A) argued that any application of comparative \n effectiveness research must protect against the use of \n this research to deny access to care solely based on \n cost; and\n (B) urged Congress to ensure that clinical \n effectiveness and medical outcomes are the focus of \n comparative effectiveness research funding. \n (14) The American Heart Association--\n (A) urges Congress to include patient safeguards in \n legislation to prevent the misuse of cost effectiveness \n analysis; and\n (B) argues that the primary focus of comparative \n effectiveness research should be optimizing clinical \n outcomes and value for patients and society and not for \n the purpose of minimizing costs.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of the Congress that--\n (1) efforts to make the Medicare program financially \n sustainable, including the application of comparative \n effectiveness research, should not--\n (A) deprive patients of medically necessary care \n solely due to the cost of such care; or\n (B) limit access to needed health care services due \n to a patient's age, gender, ethnicity, or disability \n status; and\n (2) Congress should protect patients' access to needed care \n by ensuring that the Administrator of CMS relies on adequate \n clinical expertise when the Administrator proposes to narrow \n coverage for a product or service under the Medicare program \n under title XVIII of the Social Security Act.\n\nSEC. 4. PROCESS FOR CERTAIN NATIONAL COVERAGE DETERMINATIONS.\n\n (a) Requirements for the Issuance of Certain Medicare National \nCoverage Determinations.--Unless all of the conditions under subsection \n(b) are met, the Administrator may not issue a final national coverage \ndetermination (referred to in this Act as a NCD)--\n (1) if the NCD restricts local or national coverage for an \n item or service that, before the date of the issuance of such \n NCD, was routinely covered under the Medicare program under \n title XVIII of the Social Security Act;\n (2) if the NCD would result in significant cost savings for \n the Medicare program;\n (3) if there is controversy in the available peer-reviewed \n medical and scientific literature about the evidence supporting \n the NCD;\n (4) if the NCD restricts local or national coverage for an \n item or service that--\n (A) is supported by current clinical practice \n guidelines--\n (i) included in the National Guideline \n Clearinghouse maintained by the Agency for \n Healthcare Research and Quality; or\n (ii) maintained by a State medical society; \n or\n (B) is endorsed by the National Quality Forum or by \n another national organization that evaluates voluntary \n consensus-based provides quality measures and is \n designated by the Secretary for purposes of making an \n endorsement under this subparagraph; or\n (5) if the Administrator determines that--\n (A) significant differences in opinion exist among \n experts concerning--\n (i) what evidence should be reviewed in \n developing the NCD; or\n (ii) how data should be interpreted for \n purposes of developing the NCD; and\n (B) an independent analysis of the evidence and \n data analysis would be valuable in developing the final \n NCD.\n (b) Required Conditions.--The conditions under this subsection are \nas follows:\n (1) Request for review.--Before the start of the public \n comment period for a proposed NCD that contains all the \n restrictions on the coverage of products and services included \n in the final NCD, the Administrator makes a formal request to \n MEDCAC for a review of the scientific and clinical evidence \n supporting and opposing the NCD.\n (2) MEDCAC review subcommittee.--\n (A) In general.--MEDCAC convenes a subcommittee \n to--\n (i) review the evidence supporting the \n proposed NCD (including clinical practice \n guidelines published by medical specialty \n societies), taking into account--\n (I) the evidence related to \n subpopulations of beneficiaries \n (including men, women, racial and \n ethnic minorities, the elderly, \n individuals with disabilities, and \n individuals with genetic variations); \n and\n (II) the extent to which patient \n preference is a factor in the use of \n the item or service that is the subject \n of the NCD;\n (ii) conduct an evaluation of the clinical \n and scientific evidence relating to the \n clinical benefits and risks of a technology \n affected by such NCD; and\n (iii) determine if the NCD will limit the \n access of Medicare beneficiaries to medically \n necessary care.\n (B) Membership.--The subcommittee under \n subparagraph (A) shall have 15 members, each of whom--\n (i) shall be a clinical expert in the \n medical specialty or specialties that are most \n relevant to the topic of the NCD; and\n (ii) to the extent feasible, shall have \n expertise in the development of clinical \n practice guidelines.\n (C) Outside experts allowed.--MEDCAC may include \n individuals who are not members of MEDCAC in the \n membership of the subcommittee convened under \n subparagraph (A).\n (3) Subcommittee comment.--\n (A) In general.--Not later than the last day of the \n period under paragraph (1), the subcommittee convened \n under paragraph (3)(A) shall submit to the \n Administrator a public comment on the NCD that contains \n an evaluation of whether--\n (i) the NCD is appropriate based on the \n subcommittee's activities under paragraph \n (2)(A);\n (ii) the NCD is consistent with clinical \n guidelines;\n (iii) the NCD would adversely impact the \n access of subpopulations to items or services \n which may benefit such subpopulations; or\n (iv) the NCD would adversely impact access \n to treatment options that are primarily \n selected by patients, with their physicians, \n based on patient preference and quality of life \n criteria.\n (B) Ncds that prevent access to care.--If MEDCAC \n determines that the proposed NCD could prevent Medicare \n patients from receiving medically necessary care, the \n MEDCAC panel shall include in such public comment a \n recommendation that the proposed NCD not be issued as a \n final NCD.\n (c) Restriction on Additional Limitation on Coverage.--The \nAdministrator may not issue a final NCD that contains any restrictions \non the coverage of products and services that were not included in the \nproposed NCD reviewed under subsection (b).\n (d) Construction.--Nothing in this Act shall be construed as \npreventing a Medicare beneficiary from using private funds to purchase \nsupplemental health insurance coverage or to directly purchase \nmedically necessary care.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of CMS.\n (2) CMS.--The term ``CMS'' means the Centers for Medicare & \n Medicaid Services.\n (3) MEDCAC.--The term ``MEDCAC'' means the Medicare \n Evidence Development & Coverage Advisory Committee established \n by the Secretary of Health and Human Services pursuant to \n section 222 of the Public Health Service Act.\n (4) Medically necessary services.--The term ``medically \n necessary care'' means health care services or products that a \n prudent physician would provide to a patient for the purpose of \n preventing, diagnosing, treating or rehabilitating an illness, \n injury, disease or its associated symptoms, impairments or \n functional limitations in a manner that is--\n (A) in accordance with generally accepted standards \n of medical practice;\n (B) clinically appropriate in terms of type, \n frequency, extent, site and duration; and\n (C) not primarily for the convenience of the \n patient, physician, or other health care provider.\n (5) MedPAC.--The term ``MedPAC'' means the Medicare Payment \n Advisory Commission established under Section 1805 of the \n Social Security Act.\n (6) National coverage determination.--The term ``national \n coverage determination'' has the meaning given such term in \n section 1869(f)(1)(B) of the Social Security Act.","summary":"Medicare Patient Safeguards Act of 2009 - Expresses the sense of Congress that: (1) efforts to make the Medicare program financially sustainable, including application of comparative effectiveness research, should not deprive patients of medically necessary care solely due to its cost or limit access to needed health care services due to a patient's age, gender, ethnicity, or disability status. And (2) Congress should protect patients' access to needed care by ensuring that the Administrator of Centers for Medicare and Medicaid Services (CMS) relies on adequate clinical expertise when the Administrator proposes to narrow coverage for a product or service under title XVIII (Medicare) of the Social Security Act. Establishes a process for the issuing of Medicare national coverage determinations by the Administrator. Enumerates prohibitions and conditions.","title":"To provide a process for public comment and Medicare Evidence Development & Coverage Advisory Committee review of certain Medicare national coverage determinations, and for other purposes.","text_len":14228,"sum_len":864} {"bill_id":"103_s2443","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gun Victim Compensation Act''.\n\nSEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE \n FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED \n INDIVIDUALS.\n\n (a) Victim Compensation.--Section 924 of title 18, United States \nCode, is amended by adding at the end the following new subsection:\n ``(j) Victim Compensation.--\n ``(1) In general.--Any person who sells, delivers, or \n otherwise transfers--\n ``(A) a firearm in violation of section 922(d) or \n section 922(b)(1); or\n ``(B) a handgun to a person who the transferor \n knows or has reasonable cause to believe is a juvenile, \n except as provided in paragraph (6),\n shall be liable for damages caused by a discharge of the \n transferred firearm by the transferee.\n ``(2) Civil action.--An action to recover damages under \n paragraph (1) may be brought in a United States district court \n by, or on behalf of, any person, or the estate of any person, \n who suffers damages resulting from bodily injury to or the \n death of any person caused by a discharge of the transferred \n firearm by the transferee.\n ``(3) Disentitlement to recovery.--There shall be no \n liability under this subsection if it is established by a \n preponderance of the evidence that--\n ``(A) the damages were suffered by a person who was \n engaged in a criminal act against the person or \n property of another at the time of the injury; or\n ``(B) the injury was self-inflicted, unless the \n plaintiff establishes that, at the time of the \n transfer, the transferor knew or had reasonable cause \n to believe that the transferee had not attained the age \n of 18 years or had been adjudicated as a mental \n defective or committed to a mental institution.\n ``(4) Period of liability.--No action under this subsection \n may be brought for damages that are caused more than 5 years \n after the date of the transfer of a firearm upon which an \n action could otherwise be based.\n ``(5) Attorney's fees and punitive damages.--A prevailing \n plaintiff in an action under this subsection--\n ``(A) shall be awarded reasonable attorney's fees \n and costs, and\n ``(B) may be awarded punitive damages.\n ``(6) Juveniles.--Paragraph (1)(B) does not apply to--\n ``(A) a temporary transfer of a handgun to a \n juvenile if the handgun is used by the juvenile--\n ``(i) in the course of employment, in the \n course of ranching or farming related to \n activities at the residence of the juvenile (or \n on property used for ranching or farming at \n which the juvenile, with the permission of the \n property owner or lessee, is performing \n activities related to the operation of the farm \n or ranch), target practice, hunting, or a \n course of instruction in the safe and lawful \n use of a handgun;\n ``(ii) with the prior written consent of \n the juvenile's parent or guardian who is not \n prohibited by Federal, State, or local law from \n possessing a firearm, except--\n ``(I) during transportation by the \n juvenile of an unloaded handgun in a \n locked container directly from the \n place of transfer to a place at which \n an activity described in clause (i) is \n to take place and transportation by the \n juvenile of that handgun, unloaded and \n in a locked container, directly from \n the place at which such an activity \n took place to the transferor; or\n ``(II) with respect to ranching or \n farming activities as described in \n clause (i), with the prior written \n approval of the juvenile's parent or \n legal guardian and at the direction of \n an adult who is not prohibited by \n Federal, State, or local law from \n possessing a firearm;\n ``(iii) if the juvenile keeps the prior \n written consent in the juvenile's possession at \n all times when a handgun is in the possession \n of the juvenile; and\n ``(iv) in accordance with State and local \n law;\n ``(B) issuance of a handgun to a juvenile who is a \n member of the Armed Forces of the United States or the \n National Guard who possesses or is armed with the \n handgun in the line of duty;\n ``(C) a transfer by inheritance of title (but not \n possession) of a handgun to a juvenile;\n ``(D) a delivery of a handgun by a juvenile to be \n used in defense of the juvenile or other persons \n against an intruder into the residence of the juvenile \n or a residence in which the juvenile is an invited \n guest; or\n ``(E) a transfer of a handgun for consideration if \n the transfer is made in accordance with State and local \n law and with the prior consent of the juvenile's parent \n or legal guardian who is not prohibited by Federal, \n State, or local law from possessing a firearm.\n ``(7) Rule of construction.--Nothing in this subsection \n shall be construed to limit or have any other effect on any \n other cause of action available to any person.''.\n (b) Definition.--Section 921(a) of title 18, United States Code, is \namended by adding at the end the following new paragraph:\n ``(30) The term `juvenile' means a person who is less than 18 years \nof age.''.\n (c) Application of Amendment.--The amendment made by subsection (a) \nshall apply to damages resulting from a firearm that was transferred as \ndescribed in section 924(j)(1) of title 18, on or after the date of \nenactment of this Act.","summary":"Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a US district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury. Or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.","title":"Gun Victim Compensation Act","text_len":7069,"sum_len":1675} {"bill_id":"106_hr5499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Windstorm Hazard Reduction Research \nand Technology Transfer Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Coastal States and many island States and territories \n are vulnerable to the hazards of windstorms. All Midwest, \n Southern, and Mid-Atlantic States are vulnerable to the hazards \n of tornadoes and thunderstorms and increased building activity \n is occurring in high-risk areas such as the seashore and \n ``tornado alley''.\n (2) Hurricanes cause enormous loss of life, injury, \n destruction of property, and economic and social disruption, as \n evidenced by the 56 deaths and $6,000,000,000 in property \n damage in 1999 from Hurricane Floyd. From 1990 to 1999 \n hurricanes caused an average of 14 deaths and $4,970,000,000 in \n property losses annually while tornadoes and other windstorms \n caused over 58 deaths and $871,000,000 in property losses \n annually.\n (3) Improved windstorm hazard reduction measures, \n including--\n (A) cost-effective and affordable design and \n construction methods and practices;\n (B) informed land use decisions;\n (C) impact prediction methodologies and early \n warning systems; and\n (D) public education and involvement programs,\n have the potential over the next 10 years to reduce these \n losses. Losses will increase if steps are not taken to help \n communities reduce their vulnerability.\n (4) Wind engineering research needs to address both \n improving new structures and retrofitting existing ones.\n (5) There is an appropriate role for the Federal Government \n in the collection, preparation, coordination, and dissemination \n of windstorm hazards reduction information in order to protect \n public health and safety and in increasing public awareness of \n the dangers of windstorms and of affordable steps homeowners \n can take to preserve life and property. Improved mechanisms are \n needed to translate existing information and research findings \n into usable, state-of-the-art specifications, criteria, and \n cost-effective practices.\n (6) An effective Federal program in windstorm hazard \n reduction will require interagency coordination, input from \n individuals and institutions outside the Federal Government who \n are expert in the sciences of natural hazards reduction and in \n the practical application of mitigation measures, and improved \n mechanisms for the transfer of new knowledge to State and local \n officials, to homeowners, and to the design and construction \n industry. Tax credits are an appropriate means of helping \n homeowners apply mitigation measures.\n (7) Windstorms are a worldwide problem, and international \n cooperation is desirable for mutual learning and mitigation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) The term ``Director'' means the Director of the Office \n of Science and Technology Policy.\n (2) The term ``State'' means each of the States of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the United States Virgin Islands, Guam, American \n Samoa, the Commonwealth of the Northern Mariana Islands, and \n any other territory or possession of the United States.\n (3) The term ``windstorm'' means any storm with a damaging \n or destructive wind component, such as a hurricane, tropical \n storm, tornado, or thunderstorm.\n\nSEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM.\n\n (a) Interagency Group.--Not later than 30 days after the date of \nthe enactment of this Act, the Director shall establish an Interagency \nGroup, to be cochaired by the Director or the Director's designee and \nthe Director of the Federal Emergency Management Agency or that \nDirector's designee, consisting of representatives of appropriate \nFederal agencies, including the National Science Foundation, the \nNational Oceanic and Atmospheric Administration, the National Institute \nof Standards and Technology, the Department of Energy, and other \nagencies with jurisdiction over housing, construction, and natural \ndisaster mitigation and relief, to be responsible for the development \nand implementation of a coordinated Federal windstorm hazard reduction \nresearch, development, and technology transfer program. In establishing \nthe Interagency Group, the Director is encouraged where appropriate to \ndesignate lead agencies and to preserve existing programs and functions \nof Federal agencies and organizations, and shall ensure regular agency \ncoordination and information sharing and where appropriate coordination \nwith other agencies.\n (b) Objective.--The objective of the windstorm hazard reduction \nprogram is the achievement, within 10 years after the date of the \nenactment of this Act, of major measurable reductions in losses that \nwould otherwise have occurred to life and property from windstorms. The \nobjective is to be achieved through the creation of a program involving \ncooperation among governments at all levels and the private sector \nfeaturing--\n (1) pertinent basic and applied research which takes into \n account locality-specific weather, susceptibility to other \n hazards, and design and construction practices;\n (2) better understanding of impediments and disincentives \n to wind hazard reduction;\n (3) inventorying of existing buildings and related data for \n use in developing and deploying wind hazard mitigation \n measures;\n (4) dissemination of information on cost-effective and \n affordable wind hazard reduction research results, technology, \n and techniques to industry, State and local governments, \n homeowners, and the general public;\n (5) improved technology for prediction, storm warnings, \n advanced planning, and disaster response;\n (6) increased public awareness of the dangers of windstorms \n and of ways to preserve affected property and life; and\n (7) priority attention to critical lifelines, including \n infrastructure and utilities, that are especially needed in \n time of disaster.\n (c) Research and Development Elements.--The research and \ndevelopment elements of the program may include--\n (1) basic wind characterization and micro-climate research;\n (2) development of methods to increase accuracy and \n reliability in the prediction of the track and magnitude of \n windstorms;\n (3) peer-reviewed research and development on and \n demonstration of wind-resistant systems and materials for new \n construction and retrofit, including composite materials; \n building envelope components, including windows, doors, and \n roofs; structural design; and design and construction \n techniques, through physical testing and through computer \n simulation when appropriate, taking into consideration cost-\n effectiveness, affordability, and regional differences \n including susceptibility to other hazards;\n (4) development of mechanisms for collecting information on \n building systems and materials performance in windstorms, \n information on mitigation priorities, and other pertinent \n information from sources such as the construction industry, \n insurance companies, and building officials;\n (5) development of updatable, cost-effective, and \n affordable systems, both for new construction and for \n retrofitting, and for inventorying information on components \n and materials and their interaction;\n (6) development of cost-effective and affordable planning, \n design, construction, rehabilitation, and retrofit methods and \n procedures, including utilization of mitigation measures, for \n critical lifelines and facilities such as hospitals, schools, \n public utilities, and other structures that are especially \n needed in time of disaster;\n (7) research and development on techniques, methodologies, \n and new technologies for the mapping in finer detail of \n windstorm hazard risks, to be coordinated with the mapping of \n other natural and manmade hazards;\n (8) development of improved systems for predicting damaging \n windstorm impact and for identifying, evaluating, and reliably \n characterizing windstorm hazards;\n (9) development of improved approaches for providing \n emergency services, reconstruction, and redevelopment after a \n windstorm;\n (10) development of quantitative assessment techniques for \n the delineation and evaluation of the socioeconomic effects of \n windstorms and their application on a regional basis, including \n exploration of adjustments that could be made to reduce \n windstorm vulnerability and to effectively exploit existing and \n developing mitigation techniques; and\n (11) studies of impediments and disincentives to effective \n wind hazard mitigation, preparedness, and response policies and \n innovations.\n (d) Technology Transfer.--The technology transfer elements of the \nprogram shall include--\n (1) the collection, classification, presentation, and \n dissemination in a usable form to Federal, State, and local \n officials, community leaders, the design and construction \n industry, contractors, home owners, and the general public, of \n research results and other pertinent information regarding \n windstorm phenomena, the identification of locations and \n features which are especially susceptible to windstorm damage, \n ways to reduce the adverse consequences of windstorms, and \n related matters;\n (2) in coordination with the private sector, academia, and \n the States, curriculum development and related measures to \n facilitate the training of employees of the design and \n construction industry, the insurance industry, and State and \n local governments, and other interested persons; and\n (3) efforts to increase public awareness and information \n related to windstorm hazard mitigation.\n (e) Implementation Plan.--The Interagency Group established under \nsubsection (a) shall refine, in conjunction with appropriate \nrepresentatives of State and local units of government and private \nsector organizations, the objective stated in subsection (b), develop \nmeasurements related to the objective, including emphasis on cost-\neffectiveness and affordability, and develop a 10-year implementation \nplan for achieving the objective, deferring to the private sector and \nState and local government for implementation in all appropriate \ninstances. Not later than 210 days after the date of the enactment of \nthis Act, the Interagency Group shall submit to the Congress the \nimplementation plan. The plan shall include--\n (1) a statement of research and development goals and \n priorities;\n (2) plans for the development of improved forecasting \n techniques for windstorms, early warning systems, and systems \n for comprehensive response;\n (3) plans for the development of an inventory of buildings, \n building components, and damage to buildings from windstorms;\n (4) plans for transfer of technology and information to \n State, county, local, and regional governmental units and the \n private sector for appropriate application of research and \n development results;\n (5) provisions for dissemination, on a timely basis, of--\n (A) delivery of information and technology in a \n form that is of use to the design professions, the \n construction industry, and other interested parties; \n and\n (B) other information and knowledge of interest to \n the public to reduce vulnerability to windstorm \n hazards;\n (6) a description of how Federal disaster relief and \n emergency assistance programs will incorporate research and \n development results;\n (7) establishment, consistent with this Act, of goals, \n priorities, and target dates for implementation of the program;\n (8) assignment of responsibilities with respect to each \n element of the program that does not already have a Federal \n lead agency;\n (9) a description of plans for cooperation and coordination \n in all phases of the program with interested governmental \n entities in all States, particularly those containing areas of \n high or moderate windstorm risk; and\n (10) staffing plans for the program and its components.\n (f) Participation.--The implementation plan shall avoid duplication \nwhenever possible and assign responsibilities to Federal agencies with \nexisting expertise.\n (g) Manufactured Housing Standards.--No design, construction \nmethod, practice, technology, material, mitigation methodology, or \nhazard reduction measure of any kind developed under this Act shall be \nrequired for a home certified under section 616 of the National \nManufactured Housing Construction and Safety Standards Act of 1974 (42 \nU.S.C. 5415), pursuant to standards issued under such Act, without \nbeing subject to the consensus development process and rulemaking \nprocedures of that Act.\n\nSEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION.\n\n (a) Establishment.--A National Advisory Committee shall be \nestablished to review progress made under the program established under \nsection 4, advise on any improvements that should be made to that \nprogram, and report to the Congress on actions that have been taken to \nadvance the Nation's capability to reduce the impacts of windstorm \nhazards.\n (b) Membership.--The Advisory Committee shall be composed of 21 \nmembers to be appointed by the President (one of whom shall be \ndesignated by the President as chair). The members shall include \nrepresentatives of a broad cross-section of interests such as the \nresearch, technology transfer, architectural, engineering, and \nfinancial communities; materials and systems suppliers; State, county, \nand local governments concerned with the reduction of windstorm \nhazards; the residential, multifamily, and commercial sectors of the \nconstruction industry; and the insurance industry, and other \nrepresentatives (not including members of Federal agencies) from areas \nimpacted by windstorm hazards.\n (c) Coordination.--The Advisory Committee shall coordinate with \nexisting advisory committees of the Federal Government and of the \nNational Academies of Science and Engineering. As appropriate, the work \nand reports of the Advisory Committee may be done in conjunction with \nor replace the work of other advisory committees.\n (d) Annual Report.--The Advisory Committee shall provide a summary \nreport to Congress each year.\n (e) Exemption.--Section 14 of the Federal Advisory Committee Act \nshall not apply to the Advisory Committee established under this \nsection.\n\nSEC. 6. ANNUAL REPORT.\n\n (a) Report.--The Interagency Group established under section 4(a) \nshall, within 90 days after the end of each fiscal year, submit a \nreport to the Congress describing the status of the windstorm hazard \nreduction program, describing progress achieved during the preceding \nfiscal year, by government at all levels and by the private sector, \ntoward achieving the objective stated in section 4(b) and implementing \nthe plan developed under section 4(e), and including any amendments to \nthe implementation plan. Each such report shall include any \nrecommendations for legislative and other action the Interagency Group \nconsiders necessary and appropriate.\n (b) Conference.--In order to disseminate the research findings of \nthe windstorm hazard reduction program established under section 4(a), \nthe Interagency Group is encouraged to arrange for an annual conference \nwhere research findings and mitigation efforts can be presented. Those \ninvited to the conference shall include representatives of a broad \ncross-section of interests such as the research, technology transfer, \narchitectural, engineering, and financial communities; materials and \nsystems suppliers; State, county, and local governments concerned with \nthe reduction of windstorm hazards; the residential, multifamily, and \ncommercial sectors of the construction industry; and the insurance \nindustry, and other representatives from areas impacted by windstorm \nhazards.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out activities \nunder this Act $50,000,000 for fiscal year 2001, $100,000,000 for \nfiscal year 2002, and $150,000,000 for fiscal year 2003.","summary":"Establishes a National Advisory Committee to review the program's progress, advise on any improvements, and report to Congress on actions taken to reduce the impacts of windstorm hazards.","title":"Windstorm Hazard Reduction Research and Technology Transfer Act","text_len":17452,"sum_len":187} {"bill_id":"108_hr5145","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Fish and Wildlife Policy \nFellowship Program Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Nearly one-third of the population of the United States \n participates in fish and wildlife-related recreation annually. \n In 2001, 82 million people participated in wildlife-related \n recreation, including sport angling, hunting, birding, \n photography, and other activities.\n (2) Vibrant, healthy, and well-managed natural living \n resources are essential to obtaining the economic benefits \n derived from them. Wildlife-related recreation contributes \n significantly to the United States economy. In 2001, the \n economic impact of fishing and hunting was $116,000,000,000 and \n $68,000,000,000, respectively. In addition, approximately \n 1,000,000 jobs were created as a result of such recreation.\n (3) There are over 50 university programs, dozens of State \n and Federal agencies, and over $1 billion dedicated to \n fisheries and wildlife research, management, and conservation.\n (4) Expertise in freshwater and anadromous fisheries and \n wildlife policy is paramount to the future effective management \n of the Nation's fish and wildlife resources.\n (5) The National Sea Grant John A. Knauss Fellowship has \n been successful in promoting stewardship of the Nation's \n natural marine and coastal resources. Since 1979, over 528 \n marine scientists have been awarded fellowships that have \n enabled them to bring their scientific expertise to the Federal \n agencies and the Congress while obtaining valuable policy \n experience. Many of the fellows continue to serve as marine \n policy professionals in the Federal Government, the private \n sector, and the university research community.\n (6) Currently no formal mechanism exists to secure \n individuals with specific expertise in freshwater and \n anadromous fisheries, wildlife, or conservation biology, or \n related natural resource management, while simultaneously \n providing valuable policy experience within the Federal \n Government and the Congress. Such a mechanism would support and \n enhance stewardship of the Nation's fish and wildlife.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the United States Fish and Wildlife Service.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. AUTHORIZATION OF FISH AND WILDLIFE POLICY FELLOWSHIPS.\n\n (a) In General.--The Secretary shall award fellowships to qualified \ngraduate and post-graduate level students engaged in advanced degree \nprograms concerning freshwater and anadromous fish, wildlife, \nconservation management, or biology.\n (b) Objectives.--In awarding fellowships under subsection (a), the \nSecretary shall seek to achieve, with respect to fish and wildlife \nconservation, the following educational and training objectives:\n (1) To provide qualified graduate and postgraduate level \n individuals opportunities for participation in the policy \n process within the executive and legislative branches of the \n Federal Government.\n (2) To provide Federal agencies and the Congress with \n specific expertise in fish and wildlife management and \n conservation biology to aid in the effective management of the \n Nation's natural living resources.\n (c) Guidelines for Award of Fellowships.--The fellowships shall be \nawarded pursuant to guidelines established by the Secretary.\n (d) Term of Fellowships.--A fellowship under subsection (a) shall \nbe for a period of not more than 1 year.\n (e) Equal Access.--\n (1) In general.--The Secretary shall strive to ensure equal \n access for minority and economically disadvantaged students to \n the program carried out under subsection (a).\n (2) Report.--Not later than 1 year after the date of the \n enactment of this section, and every 2 years thereafter, the \n Secretary shall submit a report to the Congress describing--\n (A) the efforts by the Secretary to ensure equal \n access for minority and economically disadvantaged \n students to the fellowship carried out under subsection \n (a); and\n (B) the results of such efforts.\n (f) Administration.--The Director shall administer fellowships \nunder subsection (a).\n (g) Authorization of Appropriations.--\n (1) In general.--To carry out this section there is \n authorized to be appropriated to the Secretary $1,400,000 for \n each of fiscal years 2005 through 2009.\n (2) Limitation on administrative expenses.--Of amounts \n available to carry out this section each fiscal year, no more \n than 5 percent may be expended for administrative costs.","summary":"National Fish and Wildlife Policy Fellowship Program Act of 2004 - Requires the Secretary of the Interior to award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology in order to: (1) provide such students with opportunities to participate in the policy process within executive and legislative branches of the Federal Government. And (2) provide Federal agencies and Congress with specific expertise to aid in the effective management of the nation's natural living resources. Requires the Secretary to strive to ensure equal access to the fellowship program for minority and disadvantaged students and to report to Congress on such efforts. States that the Director of the US Fish and Wildlife Service shall administer fellowships awarded under this Act.","title":"To provide fellowships for graduate and postgraduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, or conservation biology, or related natural resource management, to provide expertise and to gain policy experience in Federal executive agencies or the Congress.","text_len":5199,"sum_len":896} {"bill_id":"104_hr1191","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Victims of Abuse Access to Health \nInsurance Act''.\n\nSEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO \n VICTIMS OF CERTAIN CRIMES.\n\n (a) In General.--No insurer may engage in a practice that has the \neffect of denying, canceling, or limiting health insurance coverage or \nhealth benefits, or establishing, increasing, or varying the premium \ncharged for the coverage or benefits--\n (1) to or for an individual on the basis that the \n individual is, has been, or may be the victim of domestic \n violence; or\n (2) to or for a group or employer on the basis that the \n group includes or the employer employs, or provides or \n subsidizes insurance for, an individual described in paragraph \n (1).\n (b) Pre-Existing Conditions.--\n (1) In general.--A health benefit plan may not consider a \n condition or injury that occurred as a result of domestic \n violence as a pre-existing condition.\n (2) Preexisting condition.--As used in paragraph (1), the \n term ``preexisting condition'' means, with respect to coverage \n under a health benefit plan, a condition which was diagnosed, \n or which was treated, prior to the first date of such coverage \n (without regard to any waiting period).\n\nSEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES.\n\n (a) In General.--Whoever violates the provisions of this Act shall \nbe--\n (1) subject to a fine in an amount provided for under title \n 18, United States Code, for a class A misdemeanor not resulting \n in death;\n (2) subject to the imposition of a civil monetary penalty; \n and\n (3) subject to the commencement by the aggrieved party of a \n civil action under subsection (b).\n (b) Civil Remedies.--\n (1) In general.--Any individual aggrieved by reason of the \n conduct prohibited in this Act may commence a civil action for \n the relief set forth in paragraph (2).\n (2) Relief.--In any action under paragraph (1), the court \n may award appropriate relief, including temporary, preliminary, \n or permanent injunctive relief and compensatory and punitive \n damages, as well as the costs of suit and reasonable fees for \n plaintiffs attorneys and expert witnesses. With respect to \n compensatory damages, the plaintiff may elect, at any time \n prior to the rendering of final judgment, to recover, in lieu \n of actual damages, an award of statutory damages in the amount \n of $5,000 per violation.\n (3) Concurrent jurisdiction.--Both Federal and State courts \n shall have concurrent jurisdiction over actions brought \n pursuant to this section.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act:\n (1) Domestic violence.--The term ``domestic violence'' \n means the occurrence of one or more of the following acts \n between household or family (including in-laws or extended \n family) members, spouses or former spouses, or individuals \n engaged in or formerly engaged in a sexually intimate \n relationship:\n (A) Attempting to cause or intentionally, \n knowingly, or recklessly causing bodily injury, rape, \n assault, sexual assault, or involuntary sexual \n intercourse.\n (B) Knowingly engaging in a course of conduct or \n repeatedly committing acts toward another individual, \n including following the individual, without proper \n authority, under circumstances that place the \n individual in reasonable fear of bodily injury.\n (C) Subjecting another to false imprisonment.\n (2) Insurer.--\n (A) In general.--The term ``insurer'' means a \n health benefit plan, a health care provider, an entity \n that self-insures, or a Federal or State agency or \n entity that conducts activities related to the \n protection of public health.\n (B) Health benefit plan.--The term ``health benefit \n plan'' means any public or private entity or program \n that provides for payments for health care, including--\n (i) a group health plan (as defined in \n section 607 of the Employee Retirement Income \n Security Act of 1974) or a multiple employer \n welfare arrangement (as defined in section \n 3(40) of such Act) that provides health \n benefits;\n (ii) any other health insurance \n arrangement, including any arrangement \n consisting of a hospital or medical expense \n incurred policy or certificate, hospital or \n medical service plan contract, or health \n maintenance organization subscriber contract;\n (iii) workers' compensation or similar \n insurance to the extent that it relates to \n workers' compensation medical benefits (as \n defined by the Secretary of Health and Human \n Services); and\n (iv) automobile medical insurance to the \n extent that it relates to medical benefits (as \n defined by the Secretary of Health and Human \n Services).\n\nSEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.\n\n For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. \n1012(b); commonly known as the McCarran-Ferguson Act), this Act shall \nbe considered to specifically relate to the business of insurance.\n\nSEC. 6. REGULATIONS.\n\n The Secretary of Health and Human Services shall issue regulations \nto carry out this Act.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall take effect 90 days after the date of the enactment \nof this Act.","summary":"Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence. Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition. Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance.","title":"Victims of Abuse Access to Health Insurance Act","text_len":6299,"sum_len":533} {"bill_id":"113_hr5621","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transit Accessibility Innovation Act \nof 2014''.\n\nSEC. 2. TRANSIT ACCESSIBILITY INNOVATION PROGRAM.\n\n (a) In General.--Chapter 53 of title 49, United States Code, is \namended by inserting after section 5307 the following:\n``Sec. 5308. Transit accessibility innovation program\n ``(a) In General.--The Secretary shall carry out a transit \naccessibility innovation program in accordance with the requirements of \nthis section to encourage public transit systems to take actions to \naddress deficiencies in service for individuals with disabilities.\n ``(b) Grants Authority.--\n ``(1) In general.--In carrying out the program, the \n Secretary shall distribute amounts made available to carry out \n this section as competitive discretionary grants to public \n transit agencies for eligible projects.\n ``(2) Selection criteria.--The Secretary shall develop \n criteria to ensure that projects receiving funding under the \n program are innovative and replicable in other communities, and \n will result in a substantive improvement in service for \n individuals with disabilities.\n ``(c) Applications.--\n ``(1) In general.--In order to be eligible to receive a \n grant under the program, a public transit agency shall submit \n to the Secretary an application at such time, in such form, and \n containing such information as the Secretary may require.\n ``(2) Contents.--An application for a grant under the \n program shall contain, at a minimum, a description of--\n ``(A) the project for which the applicant is \n seeking funding;\n ``(B) the anticipated benefits the project will \n deliver for the following long-term outcomes: community \n integration, safety, accessibility, quality, \n coordination, and customer service;\n ``(C) the expected contribution of the project to \n the inclusion of individuals with disabilities in the \n delivery of public transportation and ADA paratransit \n service;\n ``(D) the ability of the project to facilitate \n innovation in providing public transportation to \n individuals with disabilities; and\n ``(E) the ability of the project to attract new \n partnerships and non-Federal funding, including State, \n local, private, and philanthropic funding.\n ``(3) Community coordination requirements.--\n ``(A) Certification.--To ensure that projects \n receiving funding under this section address the needs \n of individuals with disabilities in a geographic area, \n an application for a grant under the program shall \n contain a certification that--\n ``(i) each project for which the applicant \n is seeking funding is included in a locally \n developed, coordinated public transit-human \n services transportation plan; and\n ``(ii) the plan was developed and approved \n through a process that included community \n participation, including by--\n ``(I) seniors;\n ``(II) individuals with \n disabilities;\n ``(III) representatives of public, \n private, and nonprofit transportation \n and human service providers; and\n ``(IV) other members of the public.\n ``(B) Use of existing plans.--A plan used to \n coordinate the funding of projects under section 5310 \n may be used to satisfy the requirements of subparagraph \n (A).\n ``(C) Limitation.--The requirements of this \n paragraph shall not apply to the transportation \n promotion pilot program established under this section.\n ``(d) Factors.--In providing grant funds for projects under the \nprogram, the Secretary shall consider, at a minimum, the ability of the \nproject to--\n ``(1) enhance accessibility to rail and fixed route bus \n service;\n ``(2) promote paratransit coordination with other programs \n and utilize other revenue streams;\n ``(3) increase service quality to address customer \n complaints;\n ``(4) provide fixed route travel training for passengers \n and specialized training for paratransit personnel;\n ``(5) reduce turnover through increased wages and benefits, \n and increase monitoring, in the provision of ADA paratransit;\n ``(6) provide ADA complementary paratransit services in a \n way that maximizes quality, reliability, safety, customer \n satisfaction, and a stable workforce by determining what \n factors within contracting might impact the quality of ADA \n paratransit services;\n ``(7) improve ADA paratransit on-time performance and \n interoperability with other transportation services available \n to people with disabilities, both public and private;\n ``(8) delay or suspend proposed ADA paratransit service \n cuts triggered by the elimination or cutting of fixed route bus \n routes;\n ``(9) delay or suspend cuts for paratransit services that \n exceed ADA requirements, except that grant funds may not be \n issued under this section more than once for the same route (or \n a significantly similar route);\n ``(10) increase opportunities for community integration and \n independence of people with disabilities by promoting access to \n employment and other resources; and\n ``(11) augment passenger safety, without compromising \n passengers' rights under the ADA.\n ``(e) Practices To Promote Successful Outcomes and Sharing of \nInformation.--\n ``(1) Priority.--In providing grant funds for eligible \n projects under the program, the Secretary shall give priority \n to projects that are replicable in other communities using \n existing resources.\n ``(2) Set aside for activities to promote sharing of best \n practices.--For each fiscal year, the Secretary shall--\n ``(A) set aside 2 percent of the funds made \n available to carry out this section; and\n ``(B) use those amounts to carry out activities to \n ensure that innovative practices, program models, and \n new service delivery options are collected, reviewed, \n and disseminated to other public transit agencies, so \n that the practices, models, and options can be \n replicated in other communities.\n ``(3) Technical assistance.--The Secretary shall provide \n technical assistance to recipients of grant funds under the \n program to ensure that the projects carried out using the funds \n are successful.\n ``(f) Maintenance of Effort.--\n ``(1) ADA minimum standards.--Funds received under the \n program may not be used to meet the minimum standards of the \n ADA, including ADA complementary paratransit service \n requirements.\n ``(2) Certification.--To ensure that grant activities are \n not supplanting existing, budgeted services and that public \n transit agencies are upholding maintenance of effort on \n existing programs, a public transit agency receiving grant \n funds under the program shall--\n ``(A) certify that the funds will not be used to \n pay for existing services; or\n ``(B) provide an explanation as to why the existing \n services are justified grant activities.\n ``(g) Grant Requirements.--A grant under this section shall be \nsubject to the same requirements as a grant under section 5307, except \nthat any public transit agency may use grant funds received under the \nprogram for operating expenses.\n ``(h) Transportation Promotion Pilot Program.--\n ``(1) Set aside.--For each fiscal year, the Secretary \n shall--\n ``(A) set aside 1 percent of the funds made \n available to carry out this section or $100,000, \n whichever amount is greater; and\n ``(B) use those amounts to carry out a \n transportation promotion pilot program under this \n subsection.\n ``(2) Purpose.--The purpose of the transportation promotion \n pilot program shall be to ensure that--\n ``(A) public transit agencies fulfill their \n requirements under the ADA; and\n ``(B) individuals with disabilities have advocates \n to ensure greater opportunities for integration and \n access into transit systems.\n ``(3) Grant authority.--\n ``(A) In general.--In carrying out the \n transportation promotion pilot program, the Secretary \n shall make grants to--\n ``(i) agencies implementing a system \n established under section 143 of the \n Developmental Disabilities Assistance and Bill \n of Rights Act of 2000 (42 U.S.C. 15043) that \n have demonstrated histories of transportation \n expertise or advocacy; and\n ``(ii) nonprofit organizations that have \n demonstrated histories of transportation \n expertise or advocacy.\n ``(B) Eligibility.--To be eligible to receive a \n grant under this paragraph, an agency or organization \n shall demonstrate to the Secretary that the agency or \n organization--\n ``(i) has a mission that includes \n individual or systemic advocacy and monitoring \n to address the transportation needs of \n individuals with disabilities; and\n ``(ii) has the support of other \n organizations in the disability community.\n ``(C) Use of grants.--Grants funds received under \n this paragraph shall be used to fund individual or \n systemic advocacy and monitoring to address the \n transportation needs of people with disabilities.\n ``(i) Limitation on Statutory Construction.--Nothing in this \nsection may be construed to affect projects or activities carried out \nunder section 5310 or the funding of such projects or activities.\n ``(j) Definitions.--In this section, the following definitions \napply:\n ``(1) ADA.--The term `ADA' means the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).\n ``(2) ADA paratransit.--The term `ADA paratransit' means \n the provision of nonfixed route paratransit transportation \n services in accordance with section 223 of the ADA (42 U.S.C. \n 12143).\n ``(k) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $100,000,000 for each of fiscal \nyears 2015 through 2020.''.\n (b) Clerical Amendment.--The analysis for such chapter is amended \nby inserting after the item relating to section 5307 the following:\n\n``5308. Transit accessibility innovation program.''.\n\nSEC. 3. RAISING CAPS ON USE OF FORMULA FUNDS FOR PROVISION OF NONFIXED \n ROUTE PARATRANSIT TRANSPORTATION SERVICES.\n\n Section 5302(3)(I) of title 49, United States Code, is amended by \nstriking ``10 percent'' and inserting ``15 percent''.","summary":"Transit Accessibility Innovation Act of 2014 - Directs the Secretary of Transportation (DOT) to implement a transit accessibility innovation program by distributing competitive discretionary grants to public transit agencies for eligible projects in order to encourage public transit systems to take action to address deficiencies in service for individuals with disabilities. Directs the Secretary, for each fiscal year, to use 2 of funds made available under this Act to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies for replication in other communities. Directs the Secretary, for each fiscal year, also to use certain funds to carry out a transportation promotion pilot program to ensure that: (1) public transit agencies fulfill their requirements under the Americans with Disabilities Act of 1990 (ADA), and (2) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. Requires the Secretary to make grants to: (1) agencies implementing a system established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 that have demonstrated histories of transportation expertise or advocacy, and (2) nonprofit organizations that have also demonstrated such histories. Increases from 10 to 15 the limitation on the use of a recipient's annual formula apportionment for provision of nonfixed route paratransit transportation services in accordance with the ADA.","title":"Transit Accessibility Innovation Act of 2014","text_len":12348,"sum_len":1589} {"bill_id":"103_s1451","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SSI Outreach Act of 1993''.\n\nSEC. 2. STATEMENT OF FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) many individuals, including senior citizens, homeless \n individuals, children, and disabled individuals, face \n extraordinary difficulties in securing benefits under the \n Social Security Act, the Food Stamp Act of 1977, and other \n Federal programs, to which they are otherwise entitled;\n (2) without the benefits under such programs these \n individuals, lacking any resources, are unable to secure other \n vital necessities;\n (3) many barriers exist that prevent potentially eligible \n individuals from securing benefits under such programs, \n including--\n (A) communication barriers such as illiteracy in \n English or a foreign language and sensory impairments;\n (B) disabilities which limit mobility and \n connections to social services organizations;\n (C) homelessness often coupled with mental illness, \n drug addiction, or alcoholism;\n (D) distrust or fear of government bureaucracy;\n (E) concern that eligibility will preclude future \n work attempts;\n (F) lack of transportation;\n (G) lack of access to a telephone;\n (H) lack of an understanding of how to contact \n Social Security Administration field offices;\n (I) lack of any connections to social service \n organizations; and\n (J) cognitive or other mental impairments which \n limit a person's ability to understand benefits, \n rights, or procedures.\n (b) Purpose.--It is the purpose of this Act to overcome the \nbarriers to securing benefits under the Social Security Act and the \nFood Stamp Act of 1977 faced by many homeless individuals and other \nhard to reach populations by establishing an office in the Social \nSecurity Administration which will be responsible for coordinating \noutreach activities and services, including an outreach grant program. \nThe grant program will help establish innovative approaches to identify \nindividuals potentially eligible for such benefits and to aid such \nindividuals in the application process for such benefits.\n\nSEC. 3. ESTABLISHMENT OF OFFICE OF OUTREACH COORDINATION.\n\n (a) In General.--The Secretary of Health and Human Services \n(hereafter referred to in this Act as the ``Secretary'') shall, within \n180 days after the date of the enactment of this Act, establish within \nthe Social Security Administration an Office of Outreach Coordination, \nto be administered by a Director of Outreach Coordination (hereafter in \nthis section referred to as the ``Director'') who shall be appointed by \nthe Commissioner of Social Security.\n (b) Duties of the Director.--The Director shall--\n (1) administer the grant program established under section \n 4 and provide technical assistance to the entities receiving \n grants under such section;\n (2) formulate and provide information and technical \n assistance to Social Security Administration field offices \n regarding--\n (A) outreach policies and methods; and\n (B) local outreach activities and services; and\n (3) implement the requirements of section 1635 of the \n Social Security Act.\n\nSEC. 4. GRANTS TO LOCAL GOVERNMENTS AND NONPROFIT ORGANIZATIONS FOR \n OUTREACH.\n\n (a) In General.--The Secretary shall, through the Office of \nOutreach Coordination in the Social Security Administration \n(established under section 3), provide grants to local governments and \nnonprofit organizations submitting applications to the Secretary under \nthis section, to conduct outreach activities and services targeted at \nhomeless individuals and other hard to reach populations, as determined \nappropriate by the Secretary.\n (b) Grant Criteria.--The Secretary shall provide grants under this \nsection only to entities that demonstrate to the Secretary that the \nentities--\n (1) have experience with low-income people;\n (2) have, in the case of entities applying for grants to \n work with a specific hard to reach population, sufficient \n experience in working with such population, including--\n (A) knowledge of the community in which such \n population lives; and\n (B) proficiency in any applicable foreign language;\n (3) are able to conduct outreach activities and services \n appropriate to the targeted hard to reach population, \n including--\n (A) regular visits to places frequented by homeless \n individuals, including soup kitchens, homeless \n shelters, street sites, and day centers;\n (B) the provision of information to individuals and \n organizations regarding eligibility for benefits under \n the Social Security Act and the Food Stamp Act of 1977, \n and provision of applications to apply for benefits \n under such programs;\n (C) the provision of assistance to individuals in \n completing applications to establish eligibility for \n benefits under the Social Security Act and benefits \n under the Food Stamp Act of 1977; and\n (D) the provision of assistance to individuals with \n respect to--\n (i) obtaining appointments for any medical \n examination required in order to obtain \n benefits for which such individuals may be \n eligible under the Social Security Act so that \n all such examinations take place within 2 weeks \n after submission of the application for \n benefits under such Act;\n (ii) obtaining and developing evidence of \n disability and supporting documentation for \n nondisability-related eligibility requirements \n under the Social Security Act; and\n (iii) other matters relevant to obtaining \n benefits under the Social Security Act, \n including arranging transportation, and where \n appropriate, arranging for persons to accompany \n applicants to any necessary medical \n examinations; and\n (4) are able to meet such further requirements as the \n Secretary determines to be appropriate to carry out the \n purposes of this section.\n (c) Assistance to Applicants and Beneficiaries Who Are Homeless \nIndividuals In Obtaining Needed Goods and Services.--An entity that \nreceives a grant under this section to conduct outreach activities to \nhomeless individuals may use some of the funds received under the grant \nto assist homeless individuals in gaining access to appropriate \nservices in the community, including permanent housing assistance, \nnutrition, physical and mental health care, and case management \nservices.\n (d) Reporting Requirements.--The Secretary shall provide that each \nentity receiving grants under this section shall be required to prepare \nand submit to the Office of Outreach Coordination an annual report on \nthe use of grant funds and on the activities of the entity undertaken \nto carry out the purposes of this section.\n (e) Grant Funds.--In order to provide for grants under this \nsection, the Secretary shall set aside and utilize no less than .37 \npercent of the amounts available on an annual basis for the \nadministrative expenses of the Social Security Administration.\n (f) Administrative Provisions.--The Secretary shall--\n (1) promulgate such regulations as may be necessary to \n carry out this section within 240 days after the date of the \n enactment of this Act;\n (2) notify local governments and nonprofit organizations of \n the availability of grant funds under this section within 270 \n days after the date of the enactment of this Act; and\n (3) begin to award grants under this section as described \n in subsection (a) within 360 days after the date of the \n enactment of this Act and annually thereafter.\n\nSEC. 5. SPECIAL PROCEDURES RELATING TO HOMELESS INDIVIDUALS.\n\n (a) Expedited Consideration of Applications.--Within 240 days after \nthe date of the enactment of this Act, the Secretary shall promulgate \nregulations to ensure that, in determining disability for purposes of \nawarding benefits under the Social Security Act, priority consideration \nshall be given to applications received from homeless individuals.\n (b) Assistance in Filing Documents for Appeal and in Seeking \nRepresentation.--If the Secretary issues a decision to deny, suspend, \nreduce, or terminate benefits under the Social Security Act to a \nhomeless individual, the Secretary shall take affirmative steps to \nlocate the individual and--\n (1) inform the individual of the importance of appealing \n such decision; and\n (2) if the individual indicates a desire to file such an \n appeal, assist the individual in filing the necessary forms.\n (c) Procedure Governing the Potential Denial or Suspension of \nBenefits for a Homeless Individual.--\n (1) Determination.--Before the Secretary decides to deny, \n reduce, suspend, or terminate benefits under the Social \n Security Act to a homeless individual on the grounds that the \n individual must provide additional information before \n receiving, or continuing to receive, such benefits, the \n Secretary shall determine whether the individual is likely to \n have difficulty in responding to the request due to--\n (A) a mental or physical impairment;\n (B) advanced age;\n (C) inability to communicate in English;\n (D) lack of transportation;\n (E) lack of a fixed address; or\n (F) any other comparable limitation.\n (2) Action.--If the Secretary determines that an individual \n has one of the limitations described in paragraph (1), the \n Secretary shall--\n (A) take affirmative steps to locate the individual \n and assist the individual in filing an appeal from an \n adverse decision regarding such benefits, and in \n securing the evidence required to establish eligibility \n for, or to restore, such benefits; and\n (B) try to contact the individual by telephone and, \n if unsuccessful, make a personal visit to the last \n known address of the individual, contact individuals in \n the neighborhood, friends, or the post office, of the \n individual, and, to assist in these efforts, contact \n social agencies, shelters, soup kitchens, and any other \n agencies that provide services to homeless individuals.\n (3) Restoration of benefits.--If the efforts described in \n subparagraphs (A) and (B) of paragraph (2) are unsuccessful, \n and such benefits are denied, suspended, reduced, or \n terminated, and the individual within 12 months of such denial, \n suspension, reduction, or termination contacts the Social \n Security Administration with the necessary information to seek \n restoration of benefits, the Secretary shall--\n (A) immediately resume payment of such benefits; \n and\n (B) from funds retained in the local office \n accounts, pay the benefits of the individual for the \n current month and for subsequent months until regular \n monthly payments of benefits resume.\n (d) Regulations on Presumptive Disability.--Within 60 days after \nthe date of the enactment of this Act, the Secretary shall promulgate \nregulations to ensure that presumptive disability payments made under \nsection 1631(a)(4)(A) of the Social Security Act and emergency advance \npayments made under section 1631(a)(4)(B) of such Act are fully \navailable to homeless individuals.\n\nSEC. 6. REPORTING REQUIREMENTS.\n\n (a) Evaluations.--\n (1) In general.--The Secretary shall prepare an evaluation \n of the activities carried out under this Act.\n (2) Criteria.--At a minimum, the criteria used by the \n Secretary in evaluating such activities shall--\n (A) fully take into account the special \n circumstances of the individuals reached through the \n outreach activities conducted under this Act and the \n need of such individuals for personalized attention and \n follow-through assistance; and\n (B) emphasize the extent to which--\n (i) the procedures used to carry out the \n outreach activities take into account such \n circumstances; and\n (ii) the assistance made available to such \n individuals through such activities meets such \n need.\n (b) Reports.--Not less frequently than annually, the Secretary \nshall submit to the appropriate committees of Congress a full and \ncomplete report containing the evaluation described in subsection (a) \nand such recommendations for additional legislative or regulatory \naction as the Secretary may determine to be appropriate.\n\nSEC. 7. DEFINITION.\n\n For purposes of this Act, the term ``homeless individual'' means \nany individual--\n (1) who lacks a fixed, regular, and adequate nighttime \n residence; or\n (2) whose primary nighttime residence is--\n (A) a supervised publicly or privately operated \n shelter designed to provide temporary living \n accommodations (including a welfare hotel, a congregate \n shelter, and transitional housing for the mentally \n ill);\n (B) an institution that provides a temporary \n residence for individuals intended to be \n institutionalized; or\n (C) a public or private place not designed for, or \n ordinarily used as, a regular sleeping accommodation \n for human beings.","summary":"SSI Outreach Act of 1993 - Directs the Secretary of Health and Human Services to establish within the Social Security Administration an Office of Outreach Coordination to: (1) administer a program under which the Secretary provides grants and technical assistance to local governments and nonprofit organizations for outreach activities and services targeted at obtaining various assistance for homeless individuals and other hard to reach populations. (2) formulate and provide information and technical assistance to Social Security Administration field offices regarding outreach policies and methods and local outreach activities and services. And (3) implement the requirements of title XVI (SSI) of the Social Security Act relating to the outreach program for children. Sets forth special rules governing the provision of social security benefits to homeless individuals.","title":"SSI Outreach Act of 1993","text_len":15078,"sum_len":877} {"bill_id":"107_hr2653","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Credit Act of 2001''.\n\nSEC. 2. DEFINITION OF DEBT FORGIVENESS.\n\n Section 343(a)(12)(B) of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as \nfollows:\n ``(B) Exceptions.--The term `debt forgiveness' does \n not include--\n ``(i) consolidation, rescheduling, \n reamortization, or deferral of a loan;\n ``(ii) a write-down during the lifetime of \n the borrower that is due to a financial problem \n of the borrower relating to a natural disaster \n or a medical condition of the borrower or an \n immediate family member of the borrower (or, in \n the case of a borrower that is an entity, a \n principal owner of the borrower or an immediate \n family member of such an owner); or\n ``(iii) any write-down provided as a part \n of a resolution of a discrimination complaint \n against the Secretary.''.\n\nSEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS.\n\n Section 373(b) of the Consolidated Farm and Rural Development Act \n(7 U.S.C. 2008h(b)) is amended to read as follows:\n ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt \nForgiveness.--\n ``(1) In general.--Except as provided in paragraph (2), the \n Secretary may not make or guarantee a loan under subtitle A or \n B to a borrower who, on more than 2 occasions, received debt \n forgiveness on a loan made or guaranteed under this title.\n ``(2) Exceptions.--The Secretary may make a direct or \n guaranteed farm operating loan for paying annual farm or ranch \n operating expenses of a borrower who--\n ``(A) was restructured with a write-down under \n section 353; or\n ``(B) is current on payments under a confirmed \n reorganization plan under chapter 11, 12, or 13 of \n title 11, United States Code.''.\n\nSEC. 4. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS \n AND RANCHERS.\n\n Section 355(c)(2) of the Consolidated Farm and Rural Development \nAct (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated \nwithin such State'' and inserting ``in the first 10 months of the \nfiscal year may be pooled and rcated for use of socially disadvantaged \nfarmers and ranchers in other States as determined by the Secretary, in \nexcess of the funds otherwise allocated in accordance with this \nsection''.\n\nSEC. 5. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS \n OR EMERGENCIES.\n\n (a) Direct Operating Loans.--Section 311(c) of the Consolidated \nFarm and Rural Development Act (7 U.S.C. 1941(c)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``Subject to paragraph (3), the'' \n and inserting ``The'';\n (B) in subparagraph (B), by striking ``or'';\n (C) in subparagraph (C), by striking the period and \n inserting ``; or''; and\n (D) by adding at the end the following:\n ``(D) is operating in an area which, during the \n previous or current crop year--\n ``(i) the Secretary finds has been affected \n by a natural disaster in the United States or \n by a major disaster or emergency designated by \n the President under the Disaster Relief and \n Emergency Assistance Act; or\n ``(ii) has suffered from an economic \n emergency, as determined by the Secretary.''; \n and\n (2) by striking paragraph (3).\n (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 \nU.S.C. 1949(b)(2)) is amended to read as follows:\n ``(2) Disasters and emergencies.--A farmer or rancher shall \n be eligible to receive a guaranteed operating loan under this \n subtitle if the borrower is operating in an area which, during \n the preceding or current crop year--\n ``(A) the Secretary finds has been affected by a \n natural disaster in the United States or by a major \n disaster or emergency designated by the President under \n the Disaster Relief and Emergency Assistance Act; or\n ``(B) has suffered from an economic emergency, as \n determined by the Secretary.''.\n\nSEC. 6. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT.\n\n (a) In General.--Section 353(e)(3) of the Consolidated Farm and \nRural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, \nand 50'' and inserting ``, 50 percent if the recapture occurs after 4 \nyears and within 8 years after the restructuring, and 35''.\n (b) Applicability.--The amendment made by subsection (a) shall \napply to shared appreciation arrangements with respect to which \nrecapture has not occurred, regardless of whether the arrangements were \nentered into before, on, or after the date of the enactment of this \nAct.\n\nSEC. 7. TECHNICAL CORRECTION.\n\n Section 353 of the Consolidated Farm and Rural Development Act (7 \nU.S.C. 2001) is amended--\n (1) by striking subsection (m); and\n (2) by redesignating subsections (n) and (o) as subsections \n (m) and (n), respectively.","summary":"Agricultural Credit Act of 2001 - Amends the Consolidated Farm and Rural Development Act to exclude from debt forgiveness: (1) loan rescheduling, consolidation, deferral, or reamortization. (2) a write-down due to natural disaster or family medical condition. Or (3) a write-down as part of the resolution of a discrimination complaint against the Secretary of Agriculture. Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan. Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State . Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency. Or (2) determined to be suffering from an economic emergency. Revises recapture percentage provisions.","title":"To amend the Consolidated Farm and Rural Development Act to improve the agricultural credit programs of the Department of Agriculture, and for other purposes.","text_len":5794,"sum_len":1015} {"bill_id":"115_hr2314","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Security Clearance Family Review \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Chapter 31 of title 5, United States Code, establishes \n anti-nepotism laws.\n (2) The specific purpose of the statute was to prevent \n nepotism and unfair conduct in Federal hiring practices.\n (3) The White House announced Jared Kushner's Federal \n employment appointment as senior White House adviser on January \n 9, 2017.\n (4) The White House announced Ivanka Trump's appointment as \n an official government employee as assistant to the President \n on March 29, 2017.\n (5) Under section 3110(a)(3) of title 5, United States \n Code, a daughter or son-in-law constitute a ``relative'' for \n purposes of a public official.\n (6) According to recent reporting by the New York Times, \n both Mr. Kushner and Ms. Trump retain substantial holdings, \n totaling as much as $740 million, that would be impacted based \n on a decision made by the Government.\n (7) Question 20A.1 on United States Government Standard \n Form 86 (SF 86), which all applicants seeking a security \n clearance must submit, asks: ``Have you, your spouse, or \n cohabitant ever had any foreign financial interests (such as \n stocks, property, financial investments, bank accounts, \n ownership of corporate entities, corporate interests, or \n businesses) in which you or they have direct control or direct \n ownership?''.\n (8) Question 20A.2 on such Form asks: ``Have you, your \n spouse, cohabitant, or dependent children ever had any foreign \n financial interests that someone controlled on your behalf?''.\n (9) Question 20A.3 on such Form asks: ``Have you, your \n spouse, cohabitant, or dependent children ever owned, or do you \n anticipate owning, or plan to purchase real estate in a foreign \n country?''.\n (10) Financial disclosures released on March 31, 2017, \n indicate that while both Mr. Kushner and Ms. Trump have \n divested from direct leadership roles in their previous \n businesses and real estate interests, their financial wealth \n remains tied to the success of those ventures by way of various \n trusts and company holdings.\n (11) President Trump has repeatedly declined to disclose \n personal or commercial tax returns or divesture agreements.\n (12) Given President Trump's refusal to disclose tax \n returns or divesture agreements, it is difficult to assess \n whether Mr. Trump's relatives sufficiently divested in holdings \n or are subject to foreign financial influence, including \n possible loans to the Trump Organization or to Mr. Kushner's \n businesses from state-owned foreign financial entities, \n including China's Anbang Insurance Group and Russia's \n VneshEconomBank.\n\nSEC. 3. LIMITATION ON PROVISION OF SECURITY CLEARANCES TO RELATIVES OF \n THE PRESIDENT.\n\n (a) Limitation on Security Clearances.--Section 3110(a)(1) of title \n5, United States Code, is amended--\n (1) in subparagraph (C) by striking ``and'';\n (2) in subparagraph (D) by striking the semicolon and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(E) for purposes of subsection (f), an office, \n agency, or other establishment within the White House \n or the Executive Office of the President;''.\n (b) Prohibition on Security Clearances to Relatives of the \nPresident.--Section 3110 of title 5, United States Code, is amended by \nadding at the end the following:\n ``(f) Prohibition on Security Clearances to Relatives of the \nPresident.--\n ``(1) In general.--Except as provided for under paragraph \n (2), an agency, including the Department of Defense, may not \n grant eligibility for access to classified information to a \n relative of the President for the purposes of Federal \n employment unless a favorable determination is submitted to the \n head of the agency pursuant to paragraph (2)(C).\n ``(2) Review process.--\n ``(A) Request for determination.--If the President \n determines that a relative of the President requires \n access to classified information for Federal \n employment, the President shall submit a letter to the \n Director of the Office of Government Ethics requesting \n a determination regarding the relative's suitability \n for such access.\n ``(B) OGE review.--The Director shall conduct a \n review to determine whether the applicable relative has \n any ongoing and substantial commercial relationships \n with state-owned or privately owned foreign enterprises \n or financial institutions and, if so, whether the \n relative is ineligible for access to security clearance \n because of such relationships.\n ``(C) Submission.--Not later than 60 days after \n receipt of a letter under subparagraph (A), the \n Director shall submit the determination made under \n subparagraph (B) to--\n ``(i) the President;\n ``(ii) the head of the employing agency of \n the relative; and\n ``(iii) the Committee on Foreign Affairs, \n the Committee on Armed Services, and the \n Permanent Select Committee on Intelligence of \n the House of Representatives.''.","summary":"Security Clearance Family Review Act This bill prohibits specified federal agencies, including the Department of Defense, from granting access to classified information to a relative of the President for purposes of federal employment unless the Office of Government Ethics makes a favorable determination during a review process regarding the relative's suitability for such access. In conducting a review, the Office of Government Ethics must determine whether the relative of the President has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions, and, if so, whether the relative is ineligible for access to classified information because of such relationships.","title":"Security Clearance Family Review Act","text_len":6003,"sum_len":747} {"bill_id":"114_hr358","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Purple Heart Hall of Honor \nCommemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The National Purple Heart Hall of Honor's mission is--\n (A) to commemorate the extraordinary sacrifice of \n America's servicemen and servicewomen who were killed \n or wounded in combat; and\n (B) to collect and preserve the stories of National \n Purple Heart recipients from all branches of service \n and across generations to ensure that all recipients \n are represented.\n (2) The National Purple Heart Hall of Honor first opened \n its doors on November 10, 2006, in New Windsor, NY.\n (3) The National Purple Heart Hall of Honor is located at \n the New Windsor Cantonment State Historic Site, where General \n George Washington's Army camped during the Revolutionary War \n and where he first awarded the Badge of Military Merit, a piece \n of purple cloth that became the model for the Purple Heart.\n (4) The National Purple Heart Hall of Honor is the first to \n recognize the more than 1.7 million U.S. servicemembers wounded \n or killed in action ranging from the American Revolutionary War \n to the present day, serving as a living memorial to their \n sacrifice by sharing their stories through interviews, exhibits \n and the Roll of Honor, an interactive computer database of each \n recipient.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (hereafter in \nthis Act referred to as the ``Secretary'') shall mint and issue the \nfollowing coins:\n (1) $5 gold coins.--Not more than 50,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 400,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (3) Half-dollar clad coins.--Not more than 750,000 half-\n dollar coins which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half-dollar \n coins contained in section 5112(b) of title 31, United \n States Code.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the National Purple Heart Hall of \n Honor.\n (2) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2017''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts and the National Purple Heart Hall of \n Honor, Inc.; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only the West Point Mint may be used to strike \nany particular quality of the coins minted under this Act.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2017.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins issued under this Act shall \ninclude a surcharge of--\n (1) $35 per coin for the $5 coin;\n (2) $10 per coin for the $1 coin; and\n (3) $5 per coin for the half-dollar coin.\n (b) Distribution.--Subject to section 5134(f)(1) of title 31, \nUnited States Code, all surcharges received by the Secretary from the \nsale of coins issued under this Act shall be promptly paid by the \nSecretary to the National Purple Heart Hall of Honor, Inc., to help \nfinance the construction of a new building and renovation of existing \nNational Purple Heart Hall of Honor facilities.\n (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall \nbe subject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received under \nsubsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.","summary":"National Purple Heart Hall of Honor Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins emblematic of the National Purple Heart Hall of Honor. Limits the minting of such coins to the one-year period beginning on January 1, 2017. Prescribes surcharges for coin sales, which shall be paid to the National Purple Heart Hall of Honor, Inc. to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities.","title":"National Purple Heart Hall of Honor Commemorative Coin Act","text_len":6744,"sum_len":547} {"bill_id":"112_hr416","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Insurance Rate Review Act''.\n\nSEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR \n UNFAIRLY DISCRIMINATORY RATES.\n\n (a) Protection From Excessive, Unjustified, or Unfairly \nDiscriminatory Rates.--The first section 2794 of the Public Health \nService Act (42 U.S.C. 300gg-94), as added by section 1003 of the \nPatient Protection and Affordable Care Act (Public Law 111-148), is \namended by adding at the end the following new subsection:\n ``(e) Protection From Excessive, Unjustified, or Unfairly \nDiscriminatory Rates.--\n ``(1) Authority of states.--Nothing in this section shall \n be construed to prohibit a State from imposing requirements \n (including requirements relating to rate review standards and \n procedures and information reporting) on health insurance \n issuers with respect to rates that are in addition to the \n requirements of this section and are more protective of \n consumers than such requirements.\n ``(2) Consultation in rate review process.--In carrying out \n this section, the Secretary shall consult with the National \n Association of Insurance Commissioners and consumer groups.\n ``(3) Determination of who conducts reviews for each \n state.--The Secretary shall determine, after the date of \n enactment of this section and periodically thereafter, the \n following:\n ``(A) In which States the State insurance \n commissioner or relevant State regulator shall \n undertake the corrective actions under paragraph (4), \n as a condition of the State receiving the grant in \n subsection (c), based on the Secretary's determination \n that the State is adequately prepared to undertake and \n is adequately undertaking such actions.\n ``(B) In which States the Secretary shall undertake \n the corrective actions under paragraph (4), in \n cooperation with the relevant State insurance \n commissioner or State regulator, based on the \n Secretary's determination that the State is not \n adequately prepared to undertake or is not adequately \n undertaking such actions.\n ``(4) Corrective action for excessive, unjustified, or \n unfairly discriminatory rates.--In accordance with the process \n established under this section, the Secretary or the relevant \n State insurance commissioner or State regulator shall take \n corrective actions to ensure that any excessive, unjustified, \n or unfairly discriminatory rates are corrected prior to \n implementation, or as soon as possible thereafter, including \n through mechanisms such as--\n ``(A) denying rates;\n ``(B) modifying rates; or\n ``(C) requiring rebates to consumers.''.\n (b) Clarification of Regulatory Authority.--Such section is further \namended--\n (1) in subsection (a)--\n (A) in the heading, by striking ``Premium'' and \n inserting ``Rate'';\n (B) in paragraph (1), by striking ``unreasonable \n increases in premiums'' and inserting ``potentially \n excessive, unjustified, or unfairly discriminatory \n rates, including premiums,''; and\n (C) in paragraph (2)--\n (i) by striking ``an unreasonable premium \n increase'' and inserting ``a potentially \n excessive, unjustified, or unfairly \n discriminatory rate'';\n (ii) by striking ``the increase'' and \n inserting ``the rate''; and\n (iii) by striking ``such increases'' and \n inserting ``such rates'';\n (2) in subsection (b)--\n (A) by striking ``premium increases'' each place it \n appears and inserting ``rates''; and\n (B) in paragraph (2)(B), by striking ``premium'' \n and inserting ``rate''; and\n (3) in subsection (c)(1)--\n (A) in the heading, by striking ``Premium'' and \n inserting ``Rate'';\n (B) by inserting ``that satisfy the condition under \n subsection (e)(3)(A)'' after ``award grants to \n States''; and\n (C) in subparagraph (A), by striking ``premium \n increases'' and inserting ``rates''.\n (c) Conforming Amendment.--Title XXVII of the Public Health Service \nAct (42 U.S.C. 300gg et seq.) is amended--\n (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated \n by the Patient Protection and Affordable Care Act--\n (A) in subsection (a)--\n (i) in paragraph (1), by inserting ``and \n section 2794'' after ``this part''; and\n (ii) in paragraph (2), by inserting ``or \n section 2794'' after ``this part''; and\n (B) in subsection (b)--\n (i) in paragraph (1), by inserting ``and \n section 2794'' after ``this part''; and\n (ii) in paragraph (2)--\n (I) in subparagraph (A), by \n inserting ``or section 2794 that is'' \n after ``this part''; and\n (II) in subparagraph (C)(ii), by \n inserting ``or section 2794'' after \n ``this part''; and\n (2) in section 2761 (42 U.S.C. 300gg-61)--\n (A) in subsection (a)--\n (i) in paragraph (1), by inserting ``and \n section 2794'' after ``this part''; and\n (ii) in paragraph (2)--\n (I) by inserting ``or section \n 2794'' after ``set forth in this \n part''; and\n (II) by inserting ``and section \n 2794'' after ``the requirements of this \n part''; and\n (B) in subsection (b)--\n (i) by inserting ``and section 2794'' after \n ``this part''; and\n (ii) by inserting ``and section 2794'' \n after ``part A''.\n (d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of \nthe Patient Protection and Affordable Care Act (Public Law 111-148), as \nadded by section 2301 of the Health Care and Education Reconciliation \nAct of 2010 (Public Law 111-152), is amended by adding at the end the \nfollowing:\n ``(v) Section 2794 (relating to \n reasonableness of rates with respect to health \n insurance coverage).''.\n (e) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this Act.","summary":"Health Insurance Rate Review Act - Amends the Public Health Service Act to declare that federal provisions requiring the Secretary of Health and Human Services (HHS) to review unreasonable premium increases in health care coverage shall not be construed to prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. Expands such review to include all rate increases, not only premium increases. Directs the Secretary or the relevant state insurance commissioner to take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. Requires the Secretary to determine whether the state insurance commissioner or regulator or the Secretary will undertake such corrective actions based on whether the state can adequately undertake such actions. Applies these provisions to grandfathered health plans under the Patient Protection and Affordable Care Act.","title":"To amend the Public Health Service Act to provide protections for consumers against excessive, unjustified, or unfairly discriminatory increases in premium rates.","text_len":7480,"sum_len":1127} {"bill_id":"108_hr3424","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Domestic Violence Courts Assistance \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Nearly one-third of American women report being \n physically or sexually abused by a husband or boyfriend at some \n point in their lives.\n (2) Family violence costs the nation between $5,000,000,000 \n and $10,000,000,000 each year in medical expenses, police and \n court costs, shelters and foster care, sick leave, absenteeism, \n and nonproductivity.\n (3) The Nation's first specialized domestic violence court \n was established in Chicago in the early 1980s to centralize the \n prosecution of domestic violence offenders.\n (4) There are presently more than 300 domestic violence \n courts in at least 23 States nationwide.\n (5) Specialized domestic violence courts in several \n communities have resulted in cutting the processing time of \n domestic violence, reducing a backlog of existing domestic \n violence cases and raising the conviction rate.\n (6) Specialized domestic violence courts allow judges, \n prosecutors and defense attorneys to focus on the intricacies \n of domestic violence cases, especially with regards to repeat \n offenders.\n\nSEC. 3. ESTABLISHMENT OF DOMESTIC VIOLENCE COURT SYSTEMS FROM AMOUNTS \n AVAILABLE FOR GRANTS TO COMBAT VIOLENCE AGAINST WOMEN.\n\n (a) In General.--Part T of the Omnibus Crime Control and Safe \nStreets Act of 1968 (relating to grants to combat violent crimes \nagainst women) is amended as follows:\n (1) Purposes for which grants may be used.--Section 2001(b) \n of that Act (42 U.S.C. 3796gg(b)) is amended--\n (A) in paragraph (10), by striking ``and'' at the \n end;\n (B) in paragraph (11), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(12) providing the resources to establish and maintain a \n court system dedicated to the adjudication of domestic violence \n cases, including providing such resources as--\n ``(A) prosecutors and court personnel, including \n those who perform interpretation and translation \n services;\n ``(B) technical assistance and counseling;\n ``(C) training of attorneys, judges, and court \n personnel, including those who perform interpretation \n and translation services (which should be carried out \n in consultation with local domestic violence advocates, \n State domestic violence coalitions, or both);\n ``(D) technological improvements and data \n collection; and\n ``(E) improvement of court facilities, including \n the creation of safe waiting areas and improved \n security.''.\n (2) Qualification for funds.--Section 2002(c)(3)(C) of that \n Act (42 U.S.C. 3796gg-1(c)(3)(C)) is amended by inserting after \n ``including juvenile courts'' the following: ``and specialized \n domestic violence courts''.\n (b) Attorney General Report.--Not later than thirty days after the \nexpiration of the third fiscal year beginning after the date of the \nenactment of this Act, the Attorney General shall submit to Congress a \nreport on the implementation and effectiveness of the amendments made \nby subsection (b), including the effectiveness of grants made under \nsuch amendments in reducing the rates of domestic violence and \nshortening the period of judicial review in domestic violence cases.\n (c) State Justice Institute.--Section 206(c) of the State Justice \nInstitute Act of 1984 (42 U.S.C. 10705(c)) is amended--\n (1) in paragraph (14) by striking ``and'';\n (2) in paragraph (15) by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(16) implement and evaluate court-based approaches to \n adjudicating domestic violence cases in State courts, \n including--\n ``(A) domestic violence courts;\n ``(B) integrated case management information \n systems;\n ``(C) collaborations among courts, law enforcement \n agencies, social service agencies, women's shelters, \n and victims of crime support organizations; and\n ``(D) any other innovative practices likely to \n improve the criminal justice system's response to \n domestic violence; and\n ``(17) provide technical assistance to State courts to \n facilitate the development and adoption of improved practices \n in the adjudication of domestic violence cases.''.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out paragraphs (16) and (17) of section 206(c) of \nthe State Justice Institute Act of 1984, as added by subsection (c), \n$1,500,000 for each of fiscal years 2005 through 2008.","summary":"Domestic Violence Courts Assistance Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow such grants to be used to provide the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases. Requires a State to certify that at least five percent of grant funds shall be allocated for specialized domestic violence courts. Amends the State Justice Institute Act of 1984 to allow funds available pursuant to grants, cooperative agreements, or contracts awarded under the Act to be used to: (1) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts. And (2) provide technical assistance to State courts to facilitate the development and adoption of improved practices in such adjudication.","title":"To authorize the establishment of domestic violence court systems from amounts available for grants to combat violence against women.","text_len":5391,"sum_len":803} {"bill_id":"108_s2584","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Producers Value-Added \nInvestment Tax Credit Act of 2004''.\n\nSEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL \n PROPERTY.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, in the case of a \ntaxpayer who is--\n ``(1) an eligible person, or\n ``(2) a farmer-owned entity,\nthe value-added agricultural property investment credit determined \nunder this section for any taxable year is 50 percent of the basis of \nany qualified value-added agricultural property placed in service \nduring the taxable year. In the case of a farmer-owned entity, such \ncredit shall be allocated on a pro rata basis among eligible persons \nholding qualified interests in such entity as of the last day of such \ntaxable year.\n ``(b) Maximum Credit.--For purposes of subsection (a)--\n ``(1) Property placed in service by eligible person.--In \n the case of property placed in service during a taxable year by \n an eligible person, the credit determined under this section \n for such year shall not exceed $30,000, reduced by the amount \n of the creditable investments allowed for the taxable year \n under paragraph (2).\n ``(2) Property placed in service by farmer-owned entity.--\n ``(A) In general.--In the case of property placed \n in service by a farmer-owned entity, the credit \n determined under this section shall not exceed the sum \n of the eligible person's creditable investments in such \n entity as of the date such property is placed in \n service.\n ``(B) Creditable investments.--For purposes of \n subparagraph (A), the term `creditable investments' \n means, with respect to any property placed in service \n by a farmer-owned entity, the aggregate qualified \n investments made by the eligible person in such entity, \n reduced (but not below zero) by the sum of--\n ``(i) the amount of the aggregate qualified \n investments made by such person in such entity \n which were taken into account under this \n section with respect to property previously \n placed in service by such entity, and\n ``(ii) the amount of the aggregate \n qualified investments made by such person in \n all other farmer-owned entities which were \n taken into account under this section with \n respect to property previously placed in \n service by such other entities.\n ``(C) Limitation.--For purposes of this paragraph, \n the aggregate qualified investments made by the \n eligible person which may be taken into account for any \n taxable year shall not exceed $30,000.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified value-added agricultural property.--The \n term `qualified value-added agricultural property' means \n property--\n ``(A) which is used to add value to a good or \n product, suitable for food or nonfood use, derived in \n whole or in part from organic matter which is available \n on a renewable basis, including agricultural crops and \n agricultural wastes and residues, wood wastes and \n residues, and domesticated animal wastes,\n ``(B)(i) to which section 168 applies without \n regard to any useful life, or\n ``(ii) with respect to which depreciation (or \n amortization in lieu of depreciation) is allowable and \n having a useful life (determined as of the time such \n property is placed in service) of 3 years or more, and\n ``(C) which is owned and operated by an eligible \n person or a farmer-owned entity.\n ``(2) Eligible person.--\n ``(A) In general.--The term `eligible person' means \n a person who materially participates during the taxable \n year in an eligible farming business.\n ``(B) Material participation.--For purposes of \n subparagraph (A), the determination of whether a person \n materially participates in the trade or business of \n farming shall be made in a manner similar to the manner \n in which such determination is made under section \n 2032A(e)(6). In the case that the person is a \n corporation, cooperative, partnership, estate, or \n trust, such determination shall be made at the \n shareholder, partner, or beneficial interests level (as \n the case may be).\n ``(C) Eligible farming business.--For purposes of \n subparagraph (A), the term `eligible farming business' \n means a farming business (as defined in section \n 263A(e)(4)) which is not a passive activity (within the \n meaning of section 469(c)).\n ``(3) Farmer-owned entity.--\n ``(A) In general.--The term `farmer-owned entity' \n means--\n ``(i) a corporation (including an S \n corporation) in which eligible persons own 50 \n percent or more of the total voting power of \n the stock and 50 percent or more (in value) of \n the stock,\n ``(ii) a partnership in which eligible \n persons own 50 percent or more of the total \n voting power of the profits interest and 50 \n percent or more (in value) of the profits \n interest, and\n ``(iii) a cooperative in which eligible \n persons own 50 percent or more of the total \n voting power of the member patronage interests \n and 50 percent or more (in value) of the member \n patronage interests.\n ``(B) Constructive ownership rules.--For purposes \n of subparagraph (A), rules similar to the rules of \n section 263A(e)(2)(B) shall apply; except that, in \n applying such rules, the members of an individual's \n family shall be the individuals described in \n subparagraph (C).\n ``(C) Members of family.--The family of any \n individual shall include only his spouse and children, \n grandchildren, and great grandchildren (whether by the \n whole or half blood), and the spouses of his children, \n grandchildren, and great grandchildren, who reside in \n the same household or jointly operate farming \n businesses (as defined in section 263A(e)(4)). For \n purposes of the preceding sentence, a child who is \n legally adopted, or who is placed with the taxpayer by \n an authorized placement agency for adoption by the \n taxpayer, shall be treated as a child by blood.\n ``(4) Qualified investments.--\n ``(A) In general.--The term `qualified investments' \n means a payment of cash for the purchase of a qualified \n equity interest in a farmer-owned entity.\n ``(B) Qualified equity interest.--The term \n `qualified equity interest' means--\n ``(i) any stock in a domestic corporation \n if such stock is acquired by the taxpayer after \n December 31, 2004, and before January 1, 2011, \n at its original issue (directly or through an \n underwriter) from the corporation solely in \n exchange for cash,\n ``(ii) any capital or profits interest in a \n domestic partnership if such interest is \n acquired by the taxpayer after December 31, \n 2004, and before January 1, 2011, and\n ``(iii) any patronage interest in a \n cooperative if such interest is acquired by the \n taxpayer after December 31, 2004, and before \n January 1, 2011.\n Rules similar to the rules of section 1202(c)(3) shall \n apply for purposes of this paragraph.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Treatment of married individuals.--In the case of a \n separate return by a married individual (as defined in section \n 7703), subsection (b)(3)(A) shall be applied by substituting \n `$15,000' for `$30,000'.\n ``(2) Applicable rules.--Under regulations prescribed by \n the Secretary--\n ``(A) Allocation of credit in the case of estates \n and trusts.--Rules similar to the rules of subsection \n (d) of section 52 shall apply.\n ``(B) Certain property not eligible.--Rules similar \n to the rules of section 50(b) shall apply.\n ``(3) Basis adjustment.--For purposes of this subtitle, if \n a credit is allowed under this section to any eligible person \n with respect to qualified value-added agricultural property, \n the basis of such property shall be reduced by the amount of \n the credit so allowed and increased by the amount of recapture \n under subsection (e).\n ``(e) Recapture in the Case of Certain Dispositions.--\n ``(1) In general.--Under regulations prescribed by the \n Secretary, rules similar to the rules of section 50(a) shall \n apply with respect to an eligible person if, within the 5-year \n period beginning on the date qualified value-added agricultural \n property with respect to which such person was allowed a credit \n under subsection (a) is originally placed in service--\n ``(A) such property ceases to be qualified for \n purposes of this section,\n ``(B) the eligible person or the farmer-owned \n entity (as the case may be) disposes of all or part of \n such property, or\n ``(C) the eligible person or the farmer-owned \n entity (as the case may be) ceases to be an eligible \n person or farmer-owned entity for purposes of this \n section.\n ``(2) Special rules in event of death.--\n ``(A) In general.--The period in paragraph (1) \n shall be suspended with respect to an eligible person \n for the 2-year period beginning on the date of death of \n such person.\n ``(B) Heirs who are eligible persons.--In the case \n that an heir of an eligible person is also an eligible \n person, neither paragraph (1) nor subparagraph (A) of \n this paragraph (unless elected by such heir) shall \n apply with respect to the transfer of property to such \n heir.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the purposes of this section.\n ``(g) Termination.--This section shall not apply to property placed \nin service after December 31, 2010.''.\n (b) Credit Allowed as Part of General Business Credit.--Section \n38(b) of such Code (defining current year business credit) is amended \nby striking ``plus'' at the end of paragraph (14), by striking the \nperiod at the end of paragraph (15) and inserting ``, plus'', and by \nadding at the end the following new paragraph:\n ``(16) in the case of an eligible person (as defined in \n section 45G(c)), the value-added agricultural property \n investment credit determined under section 45G(a).''.\n (c) Credit Allowable Against Minimum Tax.--\n (1) In general.--Paragraph (3) of section 38 of such Code \n is amended--\n (A) by inserting ``and value-added agricultural \n property credit'' after ``employee credit'' in the \n heading,\n (B) by inserting ``and the value-added agricultural \n property credit'' after ``employee credit'' each place \n it appears in subparagraph (A), and\n (C) by adding at the end the following new \n subparagraph:\n ``(C) Value-added agricultural property credit.--\n For purposes of this subsection, the term `value-added \n agricultural property credit' means the credit \n determined under section 45G.''\n (2) Conforming amendment.--Subclause (II) of section \n 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the \n value-added agricultural property credit'' after ``employment \n credit''.\n (d) Limitation on Carryback.--Subsection (d) of section 39 of such \nCode is amended by adding at the end thereof the following new \nparagraph:\n ``(10) No carryback of value-added agricultural property \n investment credit before effective date.--No portion of the \n unused business credit for any taxable year which is \n attributable to the credit determined under section 45G may be \n carried back to any taxable year ending before the date of the \n enactment of section 45G.''.\n (e) Deduction for Certain Unused Business Credits.--Subsection (c) \nof section 196 of such Code is amended by striking ``and'' at the end \nof paragraph (9), by striking the period at the end of paragraph (10) \nand inserting ``, and'', and by adding after paragraph (10) the \nfollowing new paragraph:\n ``(11) the value-added agricultural property investment \n credit determined under section 45G.''.\n (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code \nis amended by striking ``and'' at the end of paragraph (27), by \nstriking the period at the end of paragraph (28) and inserting ``; \nand'', and by adding at the end the following new paragraph:\n ``(29) to the extent provided in section 45G(d)(3), in the \n case of payments with respect to which a credit has been \n allowed under section 38.''.\n (g) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end thereof the following new section:\n\n ``Sec. 45G. Value-added agricultural \n property investment credit.''.\n (h) Effective Date.--The amendments made by this section shall \napply to qualified investments (as defined in section 45G(c)(5) of the \nInternal Revenue Code of 1986 (as added by this section) made, and \nproperty placed in service, after December 31, 2004.","summary":"Agricultural Producers Value-Added Investment Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow individuals who materially participate in a farming business and certain farmer-owned entities a business tax credit up to $30,000 for investment in qualified value-added agricultural property. Defines qualified value-added agricultural property as depreciable property which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes. Terminates the credit after 2010.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for farmers' investments in value-added agriculture.","text_len":15940,"sum_len":713} {"bill_id":"103_hr5084","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Census Address List Improvement Act \nof 1994''.\nSEC. 2. ADDRESS INFORMATION REVIEWED BY LOCAL GOVERNMENTS.\n (a) In General.--Chapter 1 of title 13, United States Code, is \namended by adding after section 15 the following new section:\n``Sec. 16. Address information reviewed by States and local governments\n ``(a) The Secretary, to assist efforts to ensure the accuracy of \ncensuses and surveys under this title, shall--\n ``(1) publish standards defining the content and structure of \n address information which States and local units of general purpose \n government may submit to the Secretary to be used in developing a \n national address list;\n ``(2)(A) develop and publish a timetable for the Bureau to \n receive, review, and respond to submissions of information under \n paragraph (1) before the decennial census date; and\n ``(B) provide for a response by the Bureau with respect to such \n submissions in which the Bureau specifies its determinations \n regarding such information and the reasons for such determinations; \n and\n ``(3) be subject to the review process developed under section \n 3 of the Census Address List Improvement Act of 1994 relating to \n responses pursuant to paragraph (2).\n ``(b)(1) The Secretary--\n ``(A) shall provide officials who are designated as census \n liaisons by a local unit of general purpose government with access \n to census address information for the purpose of verifying the \n accuracy of the address information of the Bureau for census and \n survey purposes; and\n ``(B) together with such access, should provide an explanation \n of duties and obligations under this title.\n ``(2) Access under paragraph (1) shall be limited to address \ninformation concerning addresses within the local unit of general \npurpose government represented by the census liaison or an adjacent \nlocal unit of general purpose government.\n ``(3) The Bureau should respond to each recommendation made by a \ncensus liaison concerning the accuracy of address information, \nincluding the determination (and reasons therefor) of the Bureau \nregarding each such recommendation.\n ``(4) For the purposes of paragraph (1), in a case in which a local \nunit of general purpose government is within another local unit of \ngeneral purpose government and is not independent of the enclosing \nunit, the census liaison shall be designated by the local unit of \ngeneral purpose government which is within the enclosing local unit of \ngeneral purpose government.\n ``(5) A census liaison may not use information made available under \nparagraph (1) for any purpose other than the purpose specified in \nparagraph (1).\n ``(c) For the purposes of this section--\n ``(1) the term `local unit of general purpose government' has \n the meaning given such term by section 184(1) of this title; and\n ``(2) the term `State' includes the District of Columbia, the \n Commonwealth of Puerto Rico, the Commonwealth of the Northern \n Mariana Islands, American Samoa, Guam, the Virgin Islands, and any \n other territory or possession of the United States.''.\n (b) Confidentiality.--Section 9(a) of such title is amended--\n (1) by inserting ``or local government census liaison,'' after \n ``thereof,''; and\n (2) by inserting ``or 16'' after ``section 8''.\n (c) Penalty.--Section 214 of such title is amended by inserting \n``or whoever, being or having been a census liaison within the meaning \nof section 16 of this title,'' after ``title,'' the second place it \nappears.\n (d) Clerical Amendment.--The table of sections at the beginning of \nchapter 1 of such title is amended by inserting after the item relating \nto section 15 the following:\n\n ``16. Address information reviewed by local governments.''.\nSEC. 3. DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF THE OFFICE \nOF INFORMATION AND REGULATORY AFFAIRS.\n The Administrator of the Office of Information and Regulatory \nAffairs, acting through the Chief Statistician and in consultation with \nthe Bureau of the Census, shall develop an appeals process for those \nStates and local units of general purpose government which desire to \nappeal determinations of the Bureau of the Census pursuant to section \n16(a)(2) or (b)(3) of title 13, United States Code. Appeals under such \nprocess shall be resolved before the decennial census date. The Chief \nStatistician shall publish the proposed appeals process for a period of \npublic comment before finalizing such process.\nSEC. 4. AUTHORITY OF UNITED STATES POSTAL SERVICE TO SHARE ADDRESS \nLISTS.\n Section 412 of title 39, United States Code, is amended--\n (1) by striking out ``Except'' and all that follows through \n ``law,'' and inserting in lieu thereof ``(a) Except as specifically \n provided by subsection (b) or other law,''; and\n (2) by adding at the end the following:\n ``(b) The Postal Service shall provide to the Secretary of Commerce \nfor use by the Bureau of the Census such address information, address-\nrelated information, and point of postal delivery information, \nincluding postal delivery codes, as may be determined by the Secretary \nto be appropriate for any census or survey being conducted by the \nBureau of the Census. The provision of such information under this \nsubsection shall be in accordance with such mutually agreeable terms \nand conditions, including reimbursability, as the Postal Service and \nthe Secretary of Commerce shall deem appropriate.''.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Census Address List Improvement Act of 1994 - Directs the Secretary of Commerce to: (1) publish standards defining the content and structure of address information which States and local governments may submit to the Secretary to be used in developing a national address list. (2) develop and publish a timetable for the Bureau of the Census to receive, review, and respond to the submitted information before the decennial census date. (3) provide for a response by the Bureau that specifies its determinations regarding such information and the reasons for such determinations. And (4) be subject to the review process developed under this Act relating to such responses. Directs the Secretary to provide officials who are designated as census liaisons by local governments with access to census address information for the purpose of verifying the accuracy of the Bureau's address information for census and survey purposes and together with such access, provide an explanation of duties and obligations under this Act. Limits such access to the addresses within the local government represented by the census liaison or an adjacent local government. Requires the Bureau to respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination of the Bureau regarding each such recommendation. Prohibits a census liaison from using information made available under this Act for purposes other than the purposes specified in this Act. Makes provisions that require, with exceptions, that such information be treated as confidential applicable to local government census liaisons. Imposes a fine and up to five years' imprisonment on whoever being or having been a census liaison wrongfully discloses such information. Requires: (1) the Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician, to develop an appeals process for those States and local governments which desire to appeal determinations of the Bureau. And (2) the Postal Service to provide to the Secretary for use by the Bureau such address, address- related, and point of postal delivery information, including postal delivery codes, determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau.","title":"Census Address List Improvement Act of 1994","text_len":5856,"sum_len":2313} {"bill_id":"107_hr4940","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arlington National Cemetery Burial \nEligibility Act''.\n\nSEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.\n\n (a) In General.--Chapter 24 of title 38, United States Code, is \namended by adding at the end the following new section:\n``Sec. 2412. Arlington National Cemetery: persons eligible for burial\n ``(a) Primary Eligibility.--The remains of the following \nindividuals may be buried in Arlington National Cemetery:\n ``(1) Any member of the Armed Forces who dies while on \n active duty.\n ``(2)(A) Any retired member of the Armed Forces.\n ``(B) Any member or former member of a reserve component of \n the Armed Forces--\n ``(i) who served on active duty;\n ``(ii) who was honorably discharged from such \n active duty service;\n ``(iii) who, at the time of death, was under 60 \n years of age; and\n ``(iv) who, but for age, would have been eligible \n at the time of death for retired pay under chapter 1223 \n of title 10.\n ``(3) Any former member of the Armed Forces separated for \n physical disability before October 1, 1949, who--\n ``(A) served on active duty; and\n ``(B) would have been eligible for retirement under \n the provisions of section 1201 of title 10 (relating to \n retirement for disability) had that section been in \n effect on the date of separation of the member.\n ``(4) Any former member of the Armed Forces whose last \n active duty military service terminated honorably and who has \n been awarded one of the following decorations:\n ``(A) Medal of Honor.\n ``(B) Distinguished Service Cross, Air Force Cross, \n or Navy Cross.\n ``(C) Distinguished Service Medal.\n ``(D) Silver Star.\n ``(E) Purple Heart.\n ``(5) Any former prisoner of war who dies on or after \n November 30, 1993.\n ``(6) Any member of a reserve component of the Armed Forces \n who dies in the performance of duty while on active duty for \n training or inactive duty training.\n ``(7) The President or any former President.\n ``(b) Eligibility of Family Members.--The remains of the following \nindividuals may be buried in Arlington National Cemetery:\n ``(1) The spouse, surviving spouse (which for purposes of \n this paragraph includes any remarried surviving spouse, section \n 2402(5) of this title notwithstanding), minor child, and, at \n the discretion of the Superintendent, unmarried adult child of \n a person listed in subsection (a), but only if buried in the \n same gravesite as that person.\n ``(2)(A) The spouse, minor child, and, at the discretion of \n the Superintendent, unmarried adult child of a member of the \n Armed Forces on active duty if such spouse, minor child, or \n unmarried adult child dies while such member is on active duty.\n ``(B) The individual whose spouse, minor child, and \n unmarried adult child is eligible under subparagraph (A), but \n only if buried in the same gravesite as the spouse, minor \n child, or unmarried adult child.\n ``(3) The parents of a minor child or unmarried adult child \n whose remains, based on the eligibility of a parent, are \n already buried in Arlington National Cemetery, but only if \n buried in the same gravesite as that minor child or unmarried \n adult child.\n ``(4)(A) Subject to subparagraph (B), the surviving spouse, \n minor child, and, at the discretion of the Superintendent, \n unmarried adult child of a member of the Armed Forces who was \n lost, buried at sea, or officially determined to be permanently \n absent in a status of missing or missing in action.\n ``(B) A person is not eligible under subparagraph (A) if a \n memorial to honor the memory of the member is placed in a \n cemetery in the national cemetery system, unless the memorial \n is removed. A memorial removed under this subparagraph may be \n placed, at the discretion of the Superintendent, in Arlington \n National Cemetery.\n ``(5) The surviving spouse, minor child, and, at the \n discretion of the Superintendent, unmarried adult child of a \n member of the Armed Forces buried in a cemetery under the \n jurisdiction of the American Battle Monuments Commission.\n ``(c) Disabled Adult Unmarried Children.--In the case of an \nunmarried adult child who is incapable of self-support up to the time \nof death because of a physical or mental condition, the child may be \nburied under subsection (b) without requirement for approval by the \nSuperintendent under that subsection if the burial is in the same \ngravesite as the gravesite in which the parent, who is eligible for \nburial under subsection (a), has been or will be buried.\n ``(d) Family Members of Persons Buried in a Group Gravesite.--In \nthe case of a person eligible for burial under subsection (a) who is \nburied in Arlington National Cemetery as part of a group burial, the \nsurviving spouse, minor child, or unmarried adult child of the member \nmay not be buried in the group gravesite.\n ``(e) Exclusive Authority for Burial in Arlington National \nCemetery.--(1) Eligibility for burial of remains in Arlington National \nCemetery prescribed under this section is the exclusive eligibility for \nsuch burial.\n ``(2)(A) In the case of an individual not otherwise eligible for \nburial under subsection (a) whose acts, service, or contributions to \nthe Armed Forces are so extraordinary as to justify burial in Arlington \nNational Cemetery, the President may deem such individual eligible for \nburial under subsection (a).\n ``(B) If the President deems an individual eligible for burial in \nArlington National Cemetery under subparagraph (A), the Secretary of \nthe Army shall immediately notify the chairmen and the ranking members \nof the Committee on Veterans' Affairs of the Senate and House of \nRepresentatives.\n ``(C)(i) Except as provided in clause (ii), the authority under \nsubparagraph (A) may not be delegated.\n ``(ii) The President may only delegate the authority under \nsubparagraph (A) to the Secretary of the Army.\n ``(f) Application for Burial.--(1) A request for burial of remains \nof an individual in Arlington National Cemetery shall be made to the \nSecretary of the Army or to any other Federal official that the \nSecretary of the Army may specify.\n ``(2) The Secretary, or other Federal official, may not consider a \nrequest referred to in paragraph (1) that is made before the death of \nthe individual for whom burial in Arlington National Cemetery is \nrequested.\n ``(3) The President, or the Secretary, as the case may be, may not \nconsider a request to deem an individual eligible for burial in \nArlington National Cemetery under subsection (e)(2) that is made before \nthe death of the individual for whom burial in Arlington National \nCemetery is requested.\n ``(g) Register of Buried Individuals.--(1) The Secretary of the \nArmy shall maintain a register of each individual buried in Arlington \nNational Cemetery and shall make such register available to the public.\n ``(2) With respect to each such individual buried on or after \nJanuary 1, 2002, the register shall include a brief description of the \nbasis of eligibility of the individual for burial in Arlington National \nCemetery.\n ``(h) Definitions.--For purposes of this section:\n ``(1) The term `retired member of the Armed Forces' means--\n ``(A) any member of the Armed Forces on a retired \n list who served on active duty and who is entitled to \n retired pay;\n ``(B) any member of the Fleet Reserve or Fleet \n Marine Corps Reserve who served on active duty and who \n is entitled to retainer pay; and\n ``(C) any member of a reserve component of the \n Armed Forces who has served on active duty and who has \n received notice from the Secretary concerned under \n section 12731(d) of title 10, of eligibility for \n retired pay under chapter 1223 of title 10, United \n States Code.\n ``(2) The term `former member of the Armed Forces' includes \n a person whose service is considered active duty service \n pursuant to a determination of the Secretary of Defense under \n section 401 of Public Law 95-202 (38 U.S.C. 106 note).\n ``(3) The term `Superintendent' means the Superintendent of \n Arlington National Cemetery.''.\n (b) Publication of Updated Pamphlet.--Not later than 180 days after \nthe date of the enactment of this Act, the Secretary of the Army shall \npublish an updated pamphlet describing eligibility for burial in \nArlington National Cemetery. The pamphlet shall reflect the provisions \nof section 2412 of title 38, United States Code, as added by subsection \n(a).\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 24 of title 38, United States Code, is amended by adding at the \nend the following new item:\n\n``2412. Arlington National Cemetery: persons eligible for burial.''.\n (d) Technical Amendment.--Section 2402(5) of title 38, United \nStates Code, is amended by inserting ``, except section 2412(b)(1) of \nthis title,'' after ``which for purposes of this chapter''.\n (e) Conforming Repeal.--Section 1176 of the National Defense \nAuthorization Act for Fiscal Year 1994 (Public Law 103-160; 38 U.S.C. \n2402 note) is repealed.\n (f) Effective Date.--(1) Except as provided in paragraph (2), \nsection 2412 of title 38, United States Code, as added by subsection \n(a), shall apply with respect to individuals dying on or after the date \nof the enactment of this Act.\n (2) In the case of an individual buried in Arlington National \nCemetery before the date of the enactment of this Act, the surviving \nspouse of such individual is deemed to be eligible for burial in \nArlington National Cemetery under subsection (b) of such section, but \nonly in the same gravesite as such individual.\n\nSEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON \n NATIONAL CEMETERY.\n\n (a) In General.--Chapter 24 of title 38, United States Code, is \namended by adding after section 2412, as added by section 2(a) of this \nAct, the following new section:\n``Sec. 2413. Arlington National Cemetery: persons eligible for \n placement in columbarium\n ``The cremated remains of the following individuals may be placed \nin the columbarium in Arlington National Cemetery:\n ``(1) A person eligible for burial in Arlington National \n Cemetery under section 2412 of this title.\n ``(2)(A) A veteran whose last period of active duty service \n (other than active duty for training) ended honorably.\n ``(B) The spouse, surviving spouse, minor child, and, at \n the discretion of the Superintendent of Arlington National \n Cemetery, unmarried adult child of such a veteran.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 24 of title 38, United States Code, is amended by adding after \nsection 2412, as added by section 2(c) of this Act, the following new \nitem:\n\n``2413. Arlington National Cemetery: persons eligible for placement in \n columbarium.''.\n (c) Conforming Amendment.--Section 11201(a)(1) of title 46, United \nStates Code, is amended by inserting after subparagraph (B), the \nfollowing new subparagraph:\n ``(C) Section 2413 (relating to placement in the \n columbarium in Arlington National Cemetery).''.\n (d) Effective Date.--Section 2413 of title 38, United States Code, \nas added by subsection (a), and section 11201(a)(1)(C), as added by \nsubsection (c), shall apply with respect to individuals dying on or \nafter the date of the enactment of this Act.\n\nSEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.\n\n (a) In General.--Chapter 24 of title 38, United States Code, is \namended by adding after section 2413, as added by section 3(a) of this \nAct, the following new section:\n``Sec. 2414. Arlington National Cemetery: authorized headstones, \n markers, and monuments\n ``(a) Gravesite Markers Provided by the Secretary.--A gravesite in \nArlington National Cemetery shall be appropriately marked in accordance \nwith section 2404 of this title.\n ``(b) Gravesite Markers Provided at Private Expense.--(1) The \nSecretary of the Army shall prescribe regulations for the provision of \nheadstones or markers to mark a gravesite at private expense in lieu of \nheadstones and markers provided by the Secretary of Veterans Affairs in \nArlington National Cemetery.\n ``(2) Such regulations shall ensure that--\n ``(A) such headstones or markers are of simple design, \n dignified, and appropriate to a military cemetery;\n ``(B) the person providing such headstone or marker \n provides for the future maintenance of the headstone or marker \n in the event repairs are necessary;\n ``(C) the Secretary of the Army shall not be liable for \n maintenance of or damage to the headstone or marker;\n ``(D) such headstones or markers are aesthetically \n compatible with Arlington National Cemetery; and\n ``(E) such headstones or markers are permitted only in \n sections of Arlington National Cemetery authorized for such \n headstones or markers as of January 1, 1947.\n ``(c) Monuments.--(1) No monument (or similar structure as \ndetermined by the Secretary of the Army in regulations) may be placed \nin Arlington National Cemetery except pursuant to the provisions of \nthis subsection.\n ``(2) A monument may be placed in Arlington National Cemetery if \nthe monument commemorates--\n ``(A) the service in the Armed Forces of the individual, or \n group of individuals, whose memory is to be honored by the \n monument; or\n ``(B) a particular military event.\n ``(3) No monument may be placed in Arlington National Cemetery \nuntil the end of the 25-year period beginning--\n ``(A) in the case of commemoration of service under \n paragraph (1)(A), on the last day of the period of service so \n commemorated; and\n ``(B) in the case of commemoration of a particular military \n event under paragraph (1)(B), on the last day of the period of \n the event.\n ``(4) A monument may be placed only in those sections of Arlington \nNational Cemetery designated by the Secretary of the Army for such \nplacement.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 24 of title 38, United States Code, is amended by adding after \nsection 2413, as added by section 3(b) of this Act, the following new \nitem:\n\n``2414. Arlington National Cemetery: authorized headstones, markers, \n and monuments.''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply with respect to headstones, markers, or monuments placed in \nArlington National Cemetery on or after the date of the enactment of \nthis Act.\n\nSEC. 5. PUBLICATION OF REGULATIONS.\n\n Not later than one year after the date of the enactment of this \nAct, the Secretary of the Army shall publish in the Federal Register \nany regulation proposed by the Secretary to carry out sections 2 \nthrough 4.\n\nSEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR \n GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT \n PRIVATE CEMETERIES TO VETERANS DYING ON OR AFTER \n SEPTEMBER 11, 2001.\n\n (a) In General.--Subsection (d) of section 502 of the Veterans \nEducation and Benefits Expansion Act of 2001 (Public Law 107-103; 115 \nStat. 994; 38 U.S.C. 2306 note) is amended by striking ``the date of \nthe enactment of this Act'' and inserting ``September 11, 2001''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of such section 502.\n\n Passed the House of Representatives July 22, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty, (2) any retired member of the armed forces. (3) any member or former member of a reserve component of the armed forces who served on active duty, who was honorably discharged from active duty, who was under 60 years of age, and who, but for such age, would have been eligible for retired pay. (4) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date. (5) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations. (6) any former prisoner of war who dies on or after November 30, 1993. (7) any reserve member who dies while on active duty for training or inactive duty training, (8) the President or any former President. (9) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member. (10) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty. (11) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (10), above, but only if buried in the same grave site. (12) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same grave site. (13) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action. And (14) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission. Authorizes the President to deem an otherwise ineligible individual as eligible for such burial for extraordinary acts, services, or contributions to the armed forces. Prohibits the consideration of a request for burial under such extraordinary circumstances that is made before the death of the individual involved. Directs the Secretary of the Army to: (1) maintain a register of each individual buried in the Cemetery that describes the basis of burial eligibility for individuals buried on or after January 1, 2002. And (2) publish an updated pamphlet describing eligibility for Cemetery burial. Authorizes the cremated remains of the following individuals to be placed in the Cemetery columbarium: (1) any person described above who is eligible for Cemetery burial. (2) a veteran whose last period of active duty service ended honorably. And (3) the spouse, surviving spouse, minor child, and, at the Superintendent's discretion, the unmarried adult child of a veteran whose last period of active service ended honorably. Requires a Cemetery grave site to be appropriately marked. Requires the Secretary to prescribe regulations for the provision of Cemetery headstones or markers at private expense in lieu of Cemetery headstones and markers provided by the Secretary of Veterans Affairs. Allows for the placement of Cemetery monuments for particular military service or a military event, but requires a 25-year wait after such service or event before the placing of such monument. Amends the Veterans Education and Benefits Expansion Act of 2001 to make a provision authorizing the Secretary of Veterans Affairs to furnish a headstone or marker for the graves of eligible veterans buried in private cemeteries effective with respect to veterans dying on or after September 11, 2001 .","title":"To amend title 38, United States Code, to enact into law eligibility requirements for burial in Arlington National Cemetery, and for other purposes.","text_len":16874,"sum_len":3944} {"bill_id":"106_hr4866","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Debt Relief Reconciliation Act for \nFiscal Year 2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) fiscal discipline, resulting from the Balanced Budget \n Act of 1997, and strong economic growth have ended decades of \n deficit spending and have produced budget surpluses without \n using the social security surplus;\n (2) fiscal pressures will mount in the future as the aging \n of the population increases budget obligations;\n (3) until Congress and the President agree to legislation \n that strengthens Social Security, the social security surplus \n should be used to reduce the debt held by the public;\n (4) strengthening the Government's fiscal position through \n public debt reduction increases national savings, promotes \n economic growth, reduces interest costs, and is a constructive \n way to prepare for the Government's future budget obligations; \n and\n (5) it is fiscally responsible and in the long-term \n national economic interest to use a portion of the nonsocial \n security surplus to reduce the debt held by the public.\n (b) Purpose.--It is the purpose of this Act to--\n (1) reduce the debt held by the public with the goal of \n eliminating this debt by 2013; and\n (2) decrease the statutory limit on the public debt.\n\nSEC. 3. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n (a) In General.--Subchapter I of chapter 31 of title 31, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3114. Public debt reduction payment account\n ``(a) There is established in the Treasury of the United States an \naccount to be known as the Public Debt Reduction Payment Account \n(hereinafter in this section referred to as the `account').\n ``(b) The Secretary of the Treasury shall use amounts in the \naccount to pay at maturity, or to redeem or buy before maturity, any \nobligation of the Government held by the public and included in the \npublic debt. Any obligation which is paid, redeemed, or bought with \namounts from the account shall be canceled and retired and may not be \nreissued. Amounts deposited in the account are appropriated and may \nonly be expended to carry out this section.\n ``(c) There is hereby appropriated into the account on October 1, \n2000, or the date of enactment of this Act, whichever is later, out of \nany money in the Treasury not otherwise appropriated, $25,000,000,000 \nfor the fiscal year ending September 30, 2001. The funds appropriated \nto this account shall remain available until expended.\n ``(d) The appropriation made under subsection (c) shall not be \nconsidered direct spending for purposes of section 252 of Balanced \nBudget and Emergency Deficit Control Act of 1985.\n ``(e) Establishment of and appropriations to the account shall not \naffect trust fund transfers that may be authorized under any other \nprovision of law.\n ``(f) The Secretary of the Treasury and the Director of the Office \nof Management and Budget shall each take such actions as may be \nnecessary to promptly carry out this section in accordance with sound \ndebt management policies.\n ``(g) Reducing the debt pursuant to this section shall not \ninterfere with the debt management policies or goals of the Secretary \nof the Treasury.''.\n (b) Conforming Amendment.--The chapter analysis for chapter 31 of \ntitle 31, United States Code, is amended by inserting after the item \nrelating to section 3113 the following:\n\n``3114. Public debt reduction payment account.''.\n\nSEC. 4. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.\n\n Section 3101(b) of title 31, United States Code, is amended by \ninserting ``minus the amount appropriated into the Public Debt \nReduction Payment Account pursuant to section 3114(c)'' after \n``$5,950,000,000,000''.\n\nSEC. 5. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n Notwithstanding any other provision of law, the receipts and \ndisbursements of the Public Debt Reduction Payment Account established \nby section 3114 of title 31, United States Code, shall not be counted \nas new budget authority, outlays, receipts, or deficit or surplus for \npurposes of--\n (1) the budget of the United States Government as submitted \n by the President;\n (2) the congressional budget; or\n (3) the Balanced Budget and Emergency Deficit Control Act \n of 1985.\n\nSEC. 6. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET \n PRONOUNCEMENTS.\n\n (a) In General.--Any official statement issued by the Office of \nManagement and Budget, the Congressional Budget Office, or any other \nagency or instrumentality of the Federal Government of surplus or \ndeficit totals of the budget of the United States Government as \nsubmitted by the President or of the surplus or deficit totals of the \ncongressional budget, and any description of, or reference to, such \ntotals in any official publication or material issued by either of such \nOffices or any other such agency or instrumentality, shall exclude the \noutlays and receipts of the Public Debt Reduction Payment Account \nestablished by section 3114 of title 31, United States Code.\n (b) Separate Public Debt Reduction Payment Account Budget \nDocuments.--The excluded outlays and receipts of the Public Debt \nReduction Payment Account established by section 3114 of title 31, \nUnited States Code, shall be submitted in separate budget documents.\n\nSEC. 7. REPORTS TO CONGRESS.\n\n (a) Reports of the Secretary of the Treasury.--(1) Within 30 days \nafter the appropriation is deposited into the Public Debt Reduction \nPayment Account under section 3114 of title 31, United States Code, the \nSecretary of the Treasury shall submit a report to the Committee on \nWays and Means of the House of Representatives and the Committee on \nFinance of the Senate confirming that such account has been established \nand the amount and date of such deposit. Such report shall also include \na description of the Secretary's plan for using such money to reduce \ndebt held by the public.\n (2) Not later than October 31, 2002, the Secretary of the Treasury \nshall submit a report to the Committee on Ways and Means of the House \nof Representatives and the Committee on Finance of the Senate setting \nforth the amount of money deposited into the Public Debt Reduction \nPayment Account, the amount of debt held by the public that was \nreduced, and a description of the actual debt instruments that were \nredeemed with such money.\n (b) Report of the Comptroller General of the United States.--Not \nlater than November 15, 2002, the Comptroller General of the United \nStates shall submit a report to the Committee on Ways and Means of the \nHouse of Representatives and the Committee on Finance of the Senate \nverifying all of the information set forth in the reports submitted \nunder subsection (a).\n\n Passed the House of Representatives July 18, 2000.\n\n Attest:\n\n\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Appropriates funds for the Account. Prohibits such appropriation from being considered as direct spending for purposes of pay-as-you-go provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 . Reduces the public debt limit by the amount appropriated into the Account. Bars Account receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of : (1) the Federal Government budget as submitted by the President, (2) the congressional budget. Or (3) the Gramm-Rudman-Hollings Act. Requires the Secretary to report to specified congressional committees on the Account.","title":"Debt Relief Reconciliation Act for Fiscal Year 2001","text_len":7307,"sum_len":651} {"bill_id":"110_hr1754","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``House Ethics Commission \nEstablishment Act of 2007''.\n\nSEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION.\n\n (a) Establishment.--There is established an independent ethics \ncommission within the legislative branch of the Government to be known \nas the House Ethics Commission (in this Act referred to as the \n``Commission'').\n (b) Membership and Terms of Office.--(1) The Commission shall \nconsist of 12 individuals. Six former Democratic Members shall be \nappointed by the Republican leader and 6 former Republican Members by \nthe Democratic leader of the House of Representatives. Except as \nprovided by paragraph (2), the terms of all members of the Commission \nshall be 2 years and no member may serve for more than 6 years.\n (2) Of the members first appointed--\n (A) 2 appointed by each leader shall be for a term of 2 \n years;\n (B) 2 appointed by each leader shall be for a term of 4 \n years; and\n (C) 2 appointed by each leader shall be for a term of 6 \n years;\nas designated by each such leader at the time of appointment.\n (c) Chairman and Vice Chairman.--The chairman and the vice chairman \nof the Commission shall be selected by the members of the Commission at \nits first meeting. No member may serve for more than one 2-year term as \nchairman and no member may serve for more than one 2-year term as vice \nchairman.\n (d) Qualifications.--Only former Members of the House of \nRepresentatives shall be eligible for appointment to the Commission.\n (1) Disqualifications for appointments.--\n (A) Lobbying.--No individual who has been a \n lobbyist registered under the Lobbying Disclosure Act \n of 1995 or engages in, or is otherwise employed in, \n lobbying of the Congress or who is an agent of a \n foreign principal registered under the Foreign Agents \n Registration Act within the 4-year period immediately \n preceding appointment shall be eligible for appointment \n to, or service on, the Commission.\n (B) Incompatible office.--No member of the \n Commission appointed under subsection (b) may be an \n elected public official or an officer or employee of \n the Government.\n (2) Vacancies.--A vacancy on the Commission shall be filled \n in the manner in which the original appointment was made.\n (e) Compensation.--Members shall each be entitled to receive the \ndaily equivalent of the maximum annual rate of basic pay in effect for \nLevel III of the Executive Schedule for each day (including travel \ntime) during which they are engaged in the actual performance of duties \nvested in the Commission.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum.\n (g) Meetings.--The Commission shall meet at the call of the \nchairman or a majority of its members.\n\nSEC. 3. DUTIES OF COMMISSION.\n\n The Commission is authorized--\n (1) to investigate any alleged violation, by a Member, \n officer, or employee of the House of Representatives, of any \n law, rule, regulation, or other standard of conduct applicable \n to the conduct of such Member, officer, or employee in the \n performance of his duties or the discharge of his \n responsibilities, and after notice and hearing (unless the \n right to a hearing is waived by the Member, officer, or \n employee), shall report to the House of Representatives its \n findings of fact and recommendations, if any, upon the final \n disposition of any such investigation, and such action as the \n Commission may deem appropriate in the circumstances;\n (2) to issue any letter of reproval or admonishment with \n respect to such an alleged violation;\n (3) to report to the appropriate Federal or State \n authorities any substantial evidence of a violation, by a \n Member, officer, or employee of the House of Representatives, \n of any law applicable to the performance of his duties or the \n discharge of his responsibilities, which may have been \n disclosed in a Commission investigation; and\n (4) to adopt rules governing its procedures to provide \n protections to respondents comparable to those that were \n provided by clause 3 of rule XI of the Rules of the House of \n Representatives in effect immediately before the amendments to \n such rule made by section 8.\n\nSEC. 4. POWERS OF COMMISSION.\n\n (a) Hearings and Evidence.--The Commission or, on the authority of \nthe Commission, the chairman or vice chairman, may, for the purpose of \ncarrying out this Act--\n (1) hold such hearings and sit and act at such times and \n places, take such testimony, receive such evidence, administer \n such oaths; and\n (2) subject to subsection (b), require, by subpoena or \n otherwise, the attendance and testimony of such witnesses and \n the production of such books, records, correspondence, \n memoranda, papers, and documents, as the Commission or the \n chairman or vice chairman may determine advisable.\n (b) Subpoenas.--\n (1) In general.--A subpoena may be issued only under the \n signature of the chairman or the vice chairman, and may be \n served by any person designated by the chairman or the vice \n chairman.\n (c) Obtaining Information.--Upon request of the Commission, the \nhead of any agency or instrumentality of the Government shall furnish \ninformation deemed necessary by the panel to enable it to carry out its \nduties.\n\nSEC. 5. PROCEDURAL RULES.\n\n (a) Majority Approval.--No report or recommendation relating to the \nofficial conduct of a Member, officer, or employee of the House of \nRepresentatives shall be made by the Commission, and no investigation \nof such conduct shall be undertaken by the Commission, unless approved \nby the affirmative vote of a majority of the members of the Commission.\n (b) Investigations.--Except in the case of an investigation \nundertaken by the Commission on its own initiative, the Commission may \nundertake an investigation relating to the official conduct of an \nindividual Member, officer, or employee of the House of Representatives \nonly--\n (1) upon receipt of a complaint, in writing and under oath, \n made by or submitted to a Member of the House of \n Representatives and transmitted to the Commission by such \n Member, or\n (2) upon receipt of a complaint from the chairman of the \n Committee on Standards of Official Conduct of the House of \n Representatives, in writing and under oath, made by that \n committee.\n (c) Prohibition of Certain Investigations.--No investigation shall \nbe undertaken by the Commission of any alleged violation of a law, \nrule, regulation, or standard of conduct not in effect at the time of \nthe alleged violation.\n (d) Disclosure.--No information or testimony received, or the \ncontents of a complaint or the fact of its filing, shall be publicly \ndisclosed by any member of the Commission or staff of the Commission \nunless specifically authorized in each instance by a vote of the \nCommission.\n\nSEC. 6. STAFF OF COMMISSION.\n\n The Commission may appoint and fix the compensation of such staff \nas the Commission considers necessary to perform its duties. The \ndirector shall be appointed jointly by the Speaker and minority leader \nand shall be paid at a rate not to exceed the rate of basic pay payable \nfor Level III of the Executive Schedule.\n\nSEC. 7. ACTION ON COMMISSION RECOMMENDATIONS.\n\n (a) Printing of Reports in Congressional Record.--Upon receipt by \nthe Committee on Standards of Official Conduct of the House of \nRepresentatives of any report of the Commission, the Speaker of the \nHouse of Representatives shall have the report printed in the \nCongressional Record.\n (b) House Consideration of Independent Ethics Commission \nRecommendations.--Within 14 calendar days after a report referred to in \nsubsection (a) is printed in the Congressional Record, that portion of \nthe report recommending action by the House of Representatives \nrespecting any alleged violation, by a Member, officer, or employee of \nthe House of Representatives, of any law, rule, regulation, or other \nstandard of conduct applicable to the conduct of such Member, officer, \nor employee in the performance of his duties or the discharge of his \nresponsibilities shall be introduced (by request) in the House by the \nSpeaker of the House, for himself and the minority leader of the House \nin the form of a resolution. This resolution shall constitute a \nquestion of privilege under rule IX of the Rules of the House of \nRepresentatives. Any Member favoring the resolution may call it up as a \nquestion of privilege but only on the third day after the calendar date \nupon which such Member announces to the House his intention to do so.\n\nSEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF \n THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.\n\n (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of \nthe House of Representatives is amended as follows:\n (1) In paragraph (a), strike subparagraphs (1), (2), and \n (3), and redesignate subparagraphs (4), (5), and (6), as \n subparagraphs (1), (2), and (3), respectively.\n (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by \n striking ``a resolution, report, recommendation, or'' and \n inserting ``an'', and by striking ``, or, except as provided in \n subparagraph (2), undertake an investigation'', and by striking \n subdivision (B).\n (B) Paragraph (b) is further amended by striking \n subparagraphs (2), (3), (4), and (5) and by redesignating \n subparagraphs (6) and (7) as subparagraphs (2) and (3), \n respectively.\n (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and \n (q).\n (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of \n1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall take effect upon the date of its enactment, except \nthat sections 3, 4, and 8 shall not take effect until the later of 6 \nmonths after such date of enactment or immediately prior to noon \nJanuary 3, 2009.","summary":"House Ethics Commission Establishment Act of 2007 - Establishes an independent House Ethics Commission within the legislative branch. Amends Rule XI of the Rules of the House of Representatives to revise the duties of the Committee on Standards of Official Conduct to conform with this Act.","title":"To establish the House Ethics Commission, and for other purposes.","text_len":10653,"sum_len":290} {"bill_id":"110_hr4806","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reducing Over-Classification Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) A key conclusion in the Final Report of the National \n Commission on Terrorist Attacks Upon the United States \n (commonly known as the ``9\/11 Commission'') was the need to \n prevent over-classification by the Federal Government.\n (2) The 9\/11 Commission and others have observed that the \n over-classification of homeland security information interferes \n with accurate, actionable, and timely homeland security \n information sharing, increases the cost of information \n security, and needlessly limits public access to information.\n (3) The over-classification problem, which has worsened \n since the 9\/11 attacks, causes considerable confusion about \n what information can be shared with whom both internally at the \n Department of Homeland Security and with its external partners. \n This problem negatively impacts the dissemination of homeland \n security information to the Department's State, local, tribal, \n and territorial homeland security and law enforcement partners, \n private sector customers, and the public.\n (4) Excessive government secrecy stands in the way of a \n safer and more secure homeland. This trend is antithetical to \n the creation and operation of the information sharing \n environment established under section 1016 of the Intelligence \n Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and \n must be halted and reversed.\n (5) To do so, the Department should start with the \n understanding that all departmental information that is not \n properly classified, or marked as controlled unclassified \n information and otherwise exempt from disclosure, should be \n made available to members of the public pursuant to section 552 \n of title 5, United States Code (commonly referred to as the \n ``Freedom of Information Act'').\n (6) The Department should also develop and administer \n policies, procedures, and programs that promote compliance with \n applicable laws, executive orders, and other authorities \n pertaining to the proper use of classification markings and the \n United States National Archives and Records Administration \n policies implementing them.\n\nSEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF \n HOMELAND SECURITY.\n\n Subtitle A of title II of the Homeland Security Act of 2002 (6 \nU.S.C. 121 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.\n\n ``(a) In General.--The Secretary shall develop and administer \npolicies, procedures, and programs within the Department to prevent the \nover-classification of homeland security information, terrorism \ninformation, weapons of mass destruction information, and other \ninformation within the scope of the information sharing environment \nestablished under section 1016 of the Intelligence Reform and Terrorism \nPrevention Act of 2004 (6 U.S.C. 485) that must be disseminated to \nprevent and to collectively respond to acts of terrorism. The Secretary \nshall coordinate with the Archivist of the United States and consult \nwith representatives of State, local, tribal, and territorial \ngovernment and law enforcement, organizations with expertise in civil \nrights, civil liberties, and government oversight, and the private \nsector, as appropriate, to develop such policies, procedures, and \nprograms.\n ``(b) Requirements.--Not later than one year after the date of the \nenactment of the Reducing Over-Classification Act of 2008, the \nSecretary, in administering the policies, procedures, and programs \nrequired under subsection (a), shall--\n ``(1) create, in consultation with the Archivist of the \n United States, standard classified and unclassified formats for \n finished intelligence products created by the Department, \n consistent with any government-wide standards, practices or \n procedures for similar products;\n ``(2) require that all finished intelligence products \n created by the Department be simultaneously prepared in the \n standard unclassified format, provided that such an \n unclassified product would reasonably be expected to be of any \n benefit to a State, local, tribal or territorial government, \n law enforcement agency or other emergency response provider, or \n the private sector, based on input provided by the Interagency \n Threat Assessment and Coordination Group Detail established \n under section 210D;\n ``(3) ensure that such policies, procedures, and programs \n protect the national security as well as the information \n privacy rights and legal rights of United States persons \n pursuant to all applicable law and policy, including the \n privacy guidelines for the information sharing environment \n established pursuant to section 1016 of the Intelligence Reform \n and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as \n appropriate;\n ``(4) establish an ongoing auditing mechanism administered \n by the Inspector General of the Department or other appropriate \n senior Department official that randomly selects, on a periodic \n basis, classified information from each component of the \n Department that generates finished intelligence products to--\n ``(A) assess whether applicable classification \n policies, procedures, rules, and regulations have been \n followed;\n ``(B) describe any problems with the administration \n of the applicable classification policies, procedures, \n rules, and regulations, including specific non-\n compliance issues;\n ``(C) recommend improvements in awareness and \n training to address any problems identified in \n subparagraph (B); and\n ``(D) report at least annually to the Committee on \n Homeland Security of the House of Representatives, the \n Committee on Homeland Security and Governmental Affairs \n of the Senate, and the public, in an appropriate \n format, on the findings of the Inspector General's \n audits under this section;\n ``(5) establish a process whereby employees may challenge \n original classification decisions made by Department employees \n or contractors and be rewarded with specific incentives for \n successful challenges resulting in the removal of \n classification markings or the downgrading of them;\n ``(6) inform employees and contractors that failure to \n comply with the policies, procedures, and programs established \n under this section could subject them to a series of penalties; \n and\n ``(7) institute a series of penalties for employees and \n contractors who repeatedly fail to comply with the policies, \n procedures, and programs established under this section after \n having received both notice of their noncompliance and \n appropriate training or re-training to address such \n noncompliance.\n ``(c) Finished Intelligence Product Defined.--The term `finished \nintelligence product' means a document in which an intelligence analyst \nhas evaluated, interpreted, integrated, or placed into context raw \nintelligence or information.''.\n\nSEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE \n DEPARTMENT OF HOMELAND SECURITY.\n\n Subtitle A of title II of the Homeland Security Act of 2002 (6 \nU.S.C. 121 et seq.) is further amended by adding at the end the \nfollowing new section:\n\n``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.\n\n ``(a) Personal Identifiers.--The Secretary shall--\n ``(1) assess the technologies available or in use at the \n Department by which an electronic personal identification \n number or other electronic identifying marker can be assigned \n to each Department employee and contractor with original \n classification authority in order to--\n ``(A) track which documents have been classified by \n a particular employee or contractor;\n ``(B) determine the circumstances when such \n documents have been shared;\n ``(C) identify and address over-classification \n problems, including the misapplication of \n classification markings to documents that do not merit \n such markings; and\n ``(D) assess the information sharing impact of any \n such problems or misuse;\n ``(2) develop an implementation plan for a Department \n standard for such technology with appropriate benchmarks, a \n timetable for its completion, and cost estimate for the \n creation and implementation of a system of electronic personal \n identification numbers or other electronic identifying markers \n for all relevant Department employees and contractors; and\n ``(3) upon completion of the implementation plan described \n in paragraph (2), or not later than 180 days after the date of \n the enactment of the Reducing Over-Classification Act of 2008, \n whichever is earlier, the Secretary shall provide a copy of the \n plan to the Committee on Homeland Security of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate.\n ``(b) Training.--The Secretary, in coordination with the Archivist \nof the United States, shall--\n ``(1) require annual training for each Department employee \n and contractor with classification authority or those \n responsible for analysis, dissemination, preparation, \n production, receiving, publishing, or otherwise communicating \n written classified information, including training to--\n ``(A) educate each employee and contractor about--\n ``(i) the Department's requirement that all \n classified finished intelligence products that \n they create be simultaneously prepared in \n unclassified form in a standard format \n prescribed by the Department, provided that the \n unclassified product would reasonably be \n expected to be of any benefit to a State, \n local, tribal, or territorial government, law \n enforcement agency, or other emergency response \n provider, or the private sector, based on input \n provided by the Interagency Threat Assessment \n and Coordination Group Detail established under \n section 210D;\n ``(ii) the proper use of classification \n markings, including portion markings; and\n ``(iii) the consequences of over-\n classification and other improper uses of \n classification markings, including the \n misapplication of classification markings to \n documents that do not merit such markings, and \n of failing to comply with the Department's \n policies and procedures established under or \n pursuant to this section, including the \n negative consequences for the individual's \n personnel evaluation, homeland security, \n information sharing, and the overall success of \n the Department's missions;\n ``(B) serve as a prerequisite, once completed \n successfully, as evidenced by an appropriate \n certificate, for--\n ``(i) obtaining classification authority; \n and\n ``(ii) renewing such authority annually; \n and\n ``(C) count as a positive factor, once completed \n successfully, in the Department's employment, \n evaluation, and promotion decisions; and\n ``(2) ensure that such program is conducted efficiently, in \n conjunction with any other security, intelligence, or other \n training programs required by the Department to reduce the \n costs and administrative burdens associated with the additional \n training required by this section.\n ``(c) Detailee Program.--The Secretary shall--\n ``(1) implement a Departmental detailee program to detail \n Departmental personnel to the National Archives and Records \n Administration for one year, for the purpose of--\n ``(A) training and educational benefit for the \n Department personnel assigned so that they may better \n understand the policies, procedures and laws governing \n original classification authorities;\n ``(B) bolstering the ability of the National \n Archives and Records Administration to conduct its \n oversight authorities over the Department and other \n Departments and agencies; and\n ``(C) ensuring that the policies and procedures \n established by the Secretary remain consistent with \n those established by the Archivist of the United \n States;\n ``(2) ensure that the program established under paragraph \n (1) includes at least one individual for each Department office \n with delegated original classification authority; and\n ``(3) in coordination with the Archivist of the United \n States, report to Congress not later than 90 days after the \n conclusion of the first year of the program established under \n paragraph (1), on--\n ``(A) the advisability of expanding the program on \n a government-wide basis, whereby other departments and \n agencies would send detailees to the National Archives \n and Records Administration; and\n ``(B) the administrative and monetary costs of full \n compliance with this section.\n ``(d) Sunset of Detailee Program.--Except as otherwise provided by \nlaw, subsection (c) shall cease to have effect on December 31, 2012.\n ``(e) Finished Intelligence Product Defined.--The term `finished \nintelligence product' has the meaning given the term in section \n210F(c).''.\n\nSEC. 5. TECHNICAL AMENDMENT.\n\n The table of contents in section 1(b) of the Homeland Security Act \nof 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating \nto section 210E the following new items:\n\n``Sec. 210F. Over-classification prevention program.\n``Sec. 210G. Enforcement of over-classification prevention programs.''.\n\n Passed the House of Representatives July 30, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Reducing Over-Classification Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism. Requires the Secretary to coordinate with the Archivist of the United States and consult with representatives of state, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector to develop such policies. Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products. (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of benefit to a state, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail. (3) ensure that such policies protect the national security as well as the information privacy and legal rights of US persons. (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified. (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings. (6) inform employees and contractors that failure to comply could subject them to a series of penalties. And (7) institute such penalties. Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse. (2) develop an implementation plan for a DHS standard for such technology. And (3) provide a copy of the implementation plan to the House and Senate homeland security committees. Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information. And (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required. Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist. (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority. And (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.","title":"To require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes.","text_len":15909,"sum_len":4191} {"bill_id":"105_s2493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Animal Agriculture Environmental \nIncentives Act of 1998''.\n\nSEC. 2. ALLOWANCE OF CREDIT FOR NUTRIENT MANAGEMENT COSTS OF ANIMAL \n FEEDING OPERATIONS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45D. ANIMAL FEEDING OPERATION EQUIPMENT CREDIT.\n\n ``(a) In General.--For purposes of section 38, the animal feeding \noperation equipment credit determined under this section for the \ntaxable year is an amount equal to 25 percent of the eligible nutrient \nmanagement costs of a taxpayer for the taxable year.\n ``(b) Eligible Nutrient Management Costs.--For purposes of this \nsection--\n ``(1) In general.--The term `eligible nutrient management \n costs' means amounts paid or incurred by a taxpayer to purchase \n a calibrated manure spreader or eligible processing equipment \n for use at an animal feeding operation owned by the taxpayer.\n ``(2) Calibrated manure spreader.--The term `calibrated \n manure spreader' means equipment (including any associated \n geostationary positioning satellite equipment) which is used by \n the taxpayer exclusively for the precision application of \n manure to land in accordance with a comprehensive nutrient \n management plan.\n ``(3) Eligible processing equipment.--\n ``(A) In general.--The term `eligible processing \n equipment' means equipment or structures used by the \n taxpayer exclusively for processing manure.\n ``(B) Exclusion.--The term `eligible processing \n equipment' does not include equipment used exclusively \n for the simple containment or transportation of manure.\n ``(c) Other Definitions.--For purposes of this section--\n ``(1) Animal feeding operation.--The term `animal feeding \n operation' means a facility for the milking of dairy cows or \n the raising of livestock or poultry (including egg production) \n for commercial sale.\n ``(2) Application.--The term `application' means laying, \n spreading on, irrigating, injecting, or otherwise placing \n manure on land by any means.\n ``(3) Comprehensive nutrient management plan.--The term \n `comprehensive nutrient management plan' means a written plan \n prepared in accordance with applicable Federal and State laws \n and regulations.\n ``(4) Manure.--The term `manure' means--\n ``(A) the excreta of an animal or other organic \n byproduct of an animal feeding operation, including \n litter, bedding, dead animals, composted animal \n carcasses, milk house waste, or other residual organic \n matter, and\n ``(B) water or any other material mixed with such \n excreta or byproduct for purposes of collection, \n handling, containment, or processing of such excreta or \n byproduct.\n ``(5) Precision application.--The term `precision \n application' means the controlled application of manure to land \n in a manner which distributes a specified amount of manure, as \n determined by the nitrogen or phosphorous content of the \n manure, across a specified area of land.\n ``(6) Processing.--The term `processing' means any \n mechanical, physical, or chemical treatment which--\n ``(A) alters the concentration of nitrogen, \n phosphorous, water, or other constituents in manure to \n facilitate--\n ``(i) manure application on land covered by \n the requirements of a comprehensive nutrient \n management plan, or\n ``(ii) use of manure or processed manure \n for commercial purposes other than land \n application on land owned or controlled by the \n taxpayer,\n ``(B) enhances the value of manure as a plant \n fertilizer or soil amendment, or\n ``(C) utilizes manure as an energy source.\n ``(d) Special Rules.--\n ``(1) Reduction in basis.--For purposes of this subtitle, \n if a credit is determined under this section with respect to \n any property, the basis of such property shall be reduced by \n the amount of the credit so determined.\n ``(2) Pass-thru in the case of estates and trusts.--For \n purposes of this section, under regulations prescribed by the \n Secretary, rules similar to the rules of subsection (d) of \n section 52 shall apply.\n ``(3) Allocation in the case of partnerships.--For purposes \n of this section, in the case of partnerships, the credit shall \n be allocated among partners under regulations prescribed by the \n Secretary.''\n (b) Conforming Amendments.--\n (1) Section 38(b) of the Internal Revenue Code of 1986 is \n amended--\n (A) by striking ``plus'' at the end of paragraph \n (11),\n (B) by striking the period at the end of paragraph \n (12), and inserting ``, plus'', and\n (C) by adding at the end the following new \n paragraph:\n ``(13) the animal feeding operation equipment credit \n determined under section 45D.''\n (2) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 is amended by adding at the end the \n following new item:\n\n ``Sec. 45D. Animal feeding operation \n equipment credit.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1998.","summary":"Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations.","title":"Animal Agriculture Environmental Incentives Act of 1998","text_len":6196,"sum_len":184} {"bill_id":"109_hr1568","text":"SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT.\n\n (a) Estate Tax.--\n (1) In general.--Section 2001 of the Internal Revenue Code \n of 1986 (relating to estate tax) is amended by striking \n subsections (b) and (c) and by inserting after subsection (a) \n the following new subsection:\n ``(b) Computation of Tax.--The tax imposed by this section shall be \nthe amount equal to the excess (if any) of--\n ``(1) 30 percent of the sum of--\n ``(A) the amount of the taxable estate, and\n ``(B) the amount of the adjusted taxable gifts, \n over\n ``(2) the aggregate amount of tax paid under chapter 12 \n with respect to gifts made by the decedent after December 31, \n 1976.\nFor purposes of paragraph (1)(B), the term `adjusted taxable gifts' \nmeans the total amount of the taxable gifts (within the meaning of \nsection 2503) made by the decedent after December 31, 1976, other than \ngifts which are includible in the gross estate of the decedent.''.\n (2) Conforming amendments.--\n (A) Section 2010(c) of such Code is amended by \n striking ``tentative'' both places it appears and \n inserting ``tax''.\n (B) Subsection (b) of section 2101 of such Code is \n amended to read as follows:\n ``(b) Computation of Tax.--The tax imposed by this section shall be \nthe amount equal to the excess (if any) of--\n ``(1) 30 percent of the sum of--\n ``(A) the amount of the taxable estate, and\n ``(B) the amount of the adjusted taxable gifts, \n over\n ``(2) the aggregate amount of tax paid under chapter 12 \n with respect to gifts made by the decedent after December 31, \n 1976.''.\n (C) Subsection (b) of section 2102 of such Code is \n amended--\n (i) by striking ``$13,000'' each place it \n appears and inserting ``$20,000'', and\n (ii) by striking ``$46,800'' and inserting \n ``$52,500''.\n (D) Section 2201 is amended--\n (i) in subsection (a) by striking ``the \n rate schedule set forth in subsection (c) shall \n be deemed to be the rate schedule set forth in \n section 2001(c)'' and inserting ``the tax \n determined under subsection (c) shall be deemed \n to be the tax determined under section \n 2001(b)'', and\n (ii) in subsection (c) by striking \n ``tentative'' each place it appears.\n (b) Gift Tax.--\n (1) In general.--Section 2502 of such Code is amended to \n read as follows:\n\n``SEC. 2502. RATE OF TAX.\n\n ``(a) General Rule.--The tax imposed by section 2501 for each \ncalendar year shall be an amount equal to 30 percent of the sum of the \ntaxable gifts for such calendar year.\n ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501 \nshall be paid by the donor.''.\n (2) Conforming amendments.--\n (A) Subchapter A of chapter 12 of such Code is \n amended by striking section 2504.\n (B) The table of sections for such subchapter is \n amended by striking the item relating to section 2504.\n (c) Estate Tax Retained.--\n (1) In general.--Section 901 of the Economic Growth and Tax \n Relief Reconciliation Act of 2001 shall not apply to title V of \n such Act.\n (2) Retention.--Subtitles A and E of title V of the \n Economic Growth and Tax Relief Reconciliation Act of 2001, and \n the amendments made by such subtitles, are hereby repealed; and \n the Internal Revenue Code of 1986 shall be applied as if such \n subtitles, and amendments, had never been enacted.\n (3) Conforming amendments.--Subsections (d), (e), and \n (f)(3) of section 511 of the Economic Growth and Tax Relief \n Reconciliation Act of 2001, and the amendments made by such \n subsections, are hereby repealed; and the Internal Revenue Code \n of 1986 shall be applied as if such subsections, and \n amendments, had never been enacted.\n (d) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, and gifts made, after the date of \nthe enactment of this Act.\n\nSEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000 \n EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT.\n\n (a) In General.--Subsection (c) of section 2010 of the Internal \nRevenue Code of 1986 (relating to applicable credit amount) is amended \nto read as follows:\n ``(c) Applicable Credit Amount.--For purposes of this section, the \napplicable credit amount is the amount of the tax which would be \ndetermined under section 2001(b) if the amount with respect to which \nsuch tax is to be computed were the applicable exclusion amount. For \npurposes of the preceding sentence, the applicable exclusion amount is \n$10,000,000.''.\n (b) Inflation Adjustment.--Section 2010 of such Code is amended by \nredesignating subsection (d) as subsection (e) and by inserting after \nsubsection (c) the following new subsection:\n ``(d) Cost-of-Living Adjustment.--In the case of any decedent \ndying, and gift made, in a calendar year after 2005, the $10,000,000 \namount set forth in subsection (c) shall be increased by an amount \nequal to--\n ``(1) $10,000,000, multiplied by\n ``(2) the cost-of-living adjustment determined under \n section 1(f)(3) for such calendar year by substituting \n `calendar year 2004' for `calendar year 1992' in subparagraph \n (B) thereof.\nIf any amount as adjusted under the preceding sentence is not a \nmultiple of $10,000, such amount shall be rounded to the nearest \nmultiple of $10,000.''.\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, and gifts made, after the date of \nthe enactment of this Act.\n\nSEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000.\n\n (a) In General.--Subsection (b) of section 2503 of the Internal \nRevenue Code of 1986 (relating to exclusion from gifts) is amended by \nstriking ``$10,000'' each place it appears and inserting ``$50,000''.\n (b) Resetting of Inflation Adjustment.--Paragraph (2) of section \n2503(b) of such Code is amended--\n (1) by striking ``1998'' and inserting ``2005'', and\n (2) by striking ``1997'' and inserting ``2004''.\n (c) Effective Date.--The amendments made by this section shall \napply to gifts made after December 31, 2004.","summary":"Amends the Internal Revenue Code to: (1) reduce the top marginal tax rate for estates and gifts to 30 percent. (2) increase the estate tax exclusion amount to $10 million, with an annual adjustment for inflation. And (3) increase the annual gift tax exclusion from $10,000 to $50,000.","title":"To amend the Internal Revenue Code of 1986 to permanently reduce estate and gift tax rates to 30 percent, to increase the exclusion equivalent of the unified credit to $10,000,000, and to increase the annual gift tax exclusion to $50,000.","text_len":6916,"sum_len":284} {"bill_id":"115_s103","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Zoning Decisions Protection \nAct of 2017''.\n\nSEC. 2. NULLIFICATION OF RULES AND NOTICES.\n\n (a) Final Rule.--The final rule of the Department of Housing and \nUrban Development entitled ``Affirmatively Furthering Fair Housing'', \npublished in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272; \nDocket No. FR-5173-F-04), and any successor rule that is substantially \nsimilar to such final rule shall have no force or effect.\n (b) Notice.--The notice of the Department of Housing and Urban \nDevelopment relating to the Affirmatively Furthering Fair Housing \nAssessment Tool, published in the Federal Register on December 31, 2015 \n(80 Fed. Reg. 81840; Docket No. FR-5173-N-07), and any successor notice \nor rule substantially similar to such notice shall have no force or \neffect.\n\nSEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS.\n\n Notwithstanding any other provision of law, no Federal funds may be \nused to design, build, maintain, utilize, or provide access to a \nFederal database of geospatial information on community racial \ndisparities or disparities in access to affordable housing.\n\nSEC. 4. FEDERALISM CONSULTATION AND REPORT.\n\n (a) In General.--The Secretary of Housing and Urban Development \nshall jointly consult with State officials, local government officials, \nand officials of public housing agencies to develop recommendations, \nconsistent with applicable rulings of the Supreme Court of the United \nStates, to further the purposes and policies of the Fair Housing Act.\n (b) Consultation Requirements.--In developing the recommendations \nrequired under subsection (a), the Secretary shall--\n (1) provide State officials, local government officials, \n and officials of public housing agencies with notice and an \n opportunity to participate in the consultation process required \n under subsection (a);\n (2) seek to consult with State officials, local government \n officials, and officials of public housing agencies that \n represent a broad cross-section of regional, economic, and \n geographic perspectives in the United States;\n (3) emphasize the importance of collaboration with and \n among the State officials, local government officials, and \n officials of public housing agencies;\n (4) allow for meaningful and timely input by State \n officials, local government officials, and officials of public \n housing agencies;\n (5) promote transparency in the consultation process \n required under subsection (a); and\n (6) explore with State officials, local government \n officials, and officials of public housing agencies whether \n Federal objectives under the Fair Housing Act can be attained \n by means other than through new regulations.\n (c) Reports.--\n (1) In general.--Not later than 12 months after the date of \n the enactment of this Act, the Secretary shall publish in the \n Federal Register a draft report describing the recommendations \n developed pursuant to subsection (a).\n (2) Consensus requirement.--The Secretary may include a \n recommendation in the draft report only if consensus has been \n reached with regard to the recommendation among the Secretary, \n the State officials, local government officials, and officials \n of public housing agencies consulted pursuant to subsection \n (a).\n (3) Failure to reach consensus.--If the Secretary, State \n officials, local government officials, and officials of public \n housing agencies consulted under subsection (a) fail to reach \n consensus on a regulatory proposal, the draft report shall \n identify that consensus was not reached and shall describe--\n (A) the areas and issues with regard to which \n consensus was reached;\n (B) the areas and issues of continuing disagreement \n that resulted in the failure to reach consensus; and\n (C) the reasons for the continuing disagreements.\n (4) Public review and comment period.--The Secretary shall \n make the draft report available for public review and comment \n for a period of not fewer than 180 days.\n (5) Final report.--The Secretary shall, in consultation \n with the State officials, local government officials, and \n officials of public housing agencies, address any comments \n received pursuant to paragraph (4) and shall prepare a final \n report describing the final results of the consultation process \n under subsection (a).\n (d) Submission of Final Report.--Not later than 12 months after the \ndate of enactment of this Act, the Secretary shall make publicly \navailable online the final report prepared pursuant to subsection \n(c)(5).\n (e) Definitions.--In this Act, the following definitions apply:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (2) Local government official.--The term ``local government \n official'' means an elected or professional official of a local \n government or an official of a regional or national \n organization representing local governments or officials.\n (3) State official.--The term ``State official'' means an \n elected or professional official of a State government or an \n official of a regional or national organization representing \n State governments or officials.\n (4) Public housing agency.--The term ``public housing \n agency'' has the meaning given such term in section 3(b) of the \n United States Housing Act of 1937 (42 U.S.C. 1437a(b)).","summary":"Local Zoning Decisions Protection Act of 2017 This bill nullifies: the final Department of Housing and Urban Development (HUD) rule entitled quot, Affirmatively Furthering Fair Housingquot. And any successor rule substantially similar to it, and the notice relating to the Affirmatively Furthering Fair Housing Assessment Tool and any successor notice or rule substantially similar to it. No federal funds may be used to design, build, maintain, utilize, or provide access to a federal database of geospatial information on community racial disparities or disparities in access to affordable housing. HUD is required to: (1) consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the US Supreme Court, to further the Fair Housing Act's purposes and policies. And (2) make a final report publicly available online within 12 months after enactment of this bill.","title":"Local Zoning Decisions Protection Act of 2017","text_len":5910,"sum_len":944} {"bill_id":"112_hr375","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fix United States Government \nContracting Deficit with China Act''.\n\nSEC. 2. FINDINGS AND STATEMENT OF POLICY.\n\n (a) Findings.--Congress finds the following:\n (1) The purchase of government goods and services is an \n important means through which the government fulfills its \n constitutional duties to provide for the common defense and \n promote the general welfare of the United States.\n (2) American taxpayers expect that government procurement \n serves the interests of all Americans.\n (3) The United States and several of its trading partners \n are signatories to the WTO Agreement on Government Procurement, \n which holds that signatories agree to certain restraints with \n regard to government procurement.\n (4) However, the People's Republic of China is not a \n signatory to the Agreement on Government Procurement, and that, \n accordingly, it is not a violation of that agreement for the \n Congress to establish procurement policies as best suit the \n American public interest with regard to Chinese goods.\n (5) China has structured its government procurement law to \n favor its domestic goods, as noted in article 10 of such law.\n (6) China has also recently announced a plan to favor so-\n called ``indigenous innovation'' under which the Chinese \n Government would expressly favor locally developed products and \n technologies.\n (7) American companies have had little or no success in \n accessing Chinese Government procurement contracts, while \n Chinese companies have had great success in selling goods for \n United States Government projects.\n (b) Statement of Policy.--Accordingly, it shall be the policy of \nthe United States to limit the total value of Chinese goods that may be \nprocured by the United States Government during a calendar year to not \nmore than the total value of United States goods procured by the \nChinese Government if any during the preceding calendar year.\n\nSEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES \n PROCUREMENT OF CHINESE GOODS.\n\n (a) Certification.--Not later than March 1 of each year beginning \nin 2012, the Secretary of Commerce shall submit to Congress a \ncertification in writing that contains the following:\n (1) A determination of whether or not the Chinese \n Government has prohibited the procurement of United States \n goods by the Chinese Government during the preceding calendar \n year.\n (2) If the Chinese Government has not prohibited the \n procurement of United States goods by the Chinese Government \n during the preceding calendar year, an identification of the \n total value of United States goods procured by the Chinese \n Government during the preceding calendar year, as determined by \n the International Trade Administration under section 4.\n (b) Prohibition.--If the Secretary determines and certifies to \nCongress under subsection (a)(1) that the Chinese Government has \nprohibited the procurement of United States goods by the Chinese \nGovernment during the preceding calendar year, then--\n (1) the head of each executive agency may not award a \n contract for the procurement of Chinese goods during the \n succeeding calendar year; and\n (2) the Secretary of Transportation shall prohibit a State \n or other entity from using funds made available from the \n Highway Trust Fund or the Airport and Airway Trust Fund for the \n award of a contract for the procurement of Chinese goods during \n the succeeding calendar year.\n (c) Limitation.--\n (1) In general.--If the Secretary determines and certifies \n to Congress under subsection (a)(1) that the Chinese Government \n has not prohibited the procurement of United States goods by \n the Chinese Government during the preceding calendar year, then \n the total value of Chinese goods that may be procured by the \n United States Government during the succeeding calendar year \n may not exceed the total value of United States goods procured \n by the Chinese Government during the preceding calendar year, \n as identified under subsection (a)(2).\n (2) Rule of construction.--For purposes of determining the \n total value of Chinese goods that may be procured by the United \n States Government during a calendar year under paragraph (1), \n the total value of Chinese goods procured by a State or other \n entity using funds made available from the Highway Trust Fund \n or the Airport and Airway Trust Fund during the preceding \n calendar year shall be deemed to be Chinese goods procured by \n the United States Government.\n\nSEC. 4. ITA PROGRAM AND NOTIFICATION.\n\n (a) Program.--The International Trade Administration shall \nestablish a program--\n (1) to identify the total value of United States goods \n procured by the Chinese Government on an annual basis, as \n required under section 3(a)(2), including an accounting of the \n value of such procurement; and\n (2) to provide notification in accordance with subsection \n (b).\n (b) Notification.--The International Trade Administration shall \npublish notice in the Federal Register on or as soon as practicable \nafter the date on which the total value of Chinese goods procured by \nthe United States Government equals 50 percent, 75 percent, and 100 \npercent of the total value of United States goods procured by the \nChinese Government during the preceding calendar year for purposes of \ncomplying with the limitation under section 3(c).\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Chinese good.--The term ``Chinese good'' means a good \n that is the growth, product, or manufacture of the People's \n Republic of China. A good shall be determined to be the \n manufacture of the People's Republic of China for purposes of \n this paragraph if the sum of--\n (A) the cost or value of the materials produced in \n China, plus\n (B) the direct costs of processing operations \n performed in China,\n is not less than 50 percent of the appraised value of such good \n at the time it is entered.\n (2) Chinese government.--The term ``Chinese Government'' \n means the central government of the People's Republic of China \n and any other governmental entity, including--\n (A) any agency or instrumentality of the Chinese \n Government;\n (B) any entity that is owned or controlled, \n directly or indirectly, by the Chinese Government; and\n (C) any Chinese provincial or local governmental \n entity.\n (3) Executive agency.--The term ``executive agency'' has \n the meaning given the term in section 4 of the Office of \n Federal Procurement Policy Act (41 U.S.C. 403).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (5) United states good.--The term ``United States good'' \n means a good that is the growth, product, or manufacture of the \n United States. A good shall be determined to be the manufacture \n of the United States for purposes of this paragraph if the sum \n of--\n (A) the cost or value of the materials produced in \n the United States, plus\n (B) the direct costs of processing operations \n performed in the United States,\n is not less than 50 percent of the appraised value of such good \n at the time it is entered.","summary":"Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of US goods during the preceding calendar year. And (2) the total value of US goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement. Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of US goods during the preceding calendar year. Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. Limits the total value of Chinese goods that may be procured by the US government during the succeeding calendar year to the total value of US goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of US goods during that preceding calendar year. Directs the International Trade Administration to establish a program to: (1) identify annually the total value of US goods procured by the Chinese government. And (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the US government equals 50, 75, and 100 of the total value of US goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act.","title":"To limit the total value of Chinese goods that may be procured by the United States Government during a calendar year to not more than the total value of United States goods procured by the Chinese Government if any during the preceding calendar year, and for other purposes.","text_len":8048,"sum_len":1825} {"bill_id":"108_hr3631","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Television Viewer Privacy Act of \n2003''.\n\nSEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED \n SERVICES.\n\n (a) In General.--An interactive video-related service provider may \nnot collect, maintain, or disclose any personal viewing information \nregarding a subscriber to the service that is personally identifiable, \nwithout the prior written or electronic consent of such subscriber, \nexcept--\n (1) to render, or conduct a legitimate business activity \n related to, the service provided to the subscriber by such \n provider, including billing for such service; or\n (2) as provided in subsection (c) or (d).\n (b) Requirements for Consent.--Consent shall not be considered to \nbe made by a subscriber, for purposes of this subsection, unless prior \nto the writing or electronic communication granting the consent, the \nsubscriber is provided a separate statement that clearly and \nconspicuously informs the subscriber of--\n (1) the nature of personally identifiable information \n collected or to be collected with respect to the subscriber and \n the nature and use of such information;\n (2) the nature, frequency, and purpose of any disclosure \n that may be made of such information, including an \n identification of the types of persons to whom the disclosure \n may be made;\n (3) the period during which such information will be \n maintained by the interactive video-related service provider;\n (4) the limitations provided by this section with respect \n to the collection, maintenance, and disclosure of information \n by an interactive video-related service provider and the \n methods under subsections (f) and (g) by which such limitations \n may be enforced.\nIf, after a statement referred to in the preceding sentence is provided \nto a subscriber, there is any change with respect to any of the \ninformation described in paragraphs (1) through (5), such statement \nshall not be sufficient for purposes of this subsection.\n (c) Disclosure Pursuant to Court Order.--An interactive video-\nrelated service provider may disclose such personally identifiable \npersonal viewing information, to the extent necessary to comply with a \ncourt order authorizing such disclosure to a governmental entity, but \nonly if--\n (1) the subscriber is notified of such order by the person \n to whom the order is directed; and\n (2) in the proceeding relevant to such court order--\n (A) such entity offers clear and convincing \n evidence that the subject of the information is \n reasonably suspected of engaging in criminal activity \n and that the information disclosed would be material \n evidence in the case; and\n (B) the subject of the information is afforded the \n opportunity to appear and contest such entity's claim.\n (d) Right of Subscriber to Access Information.--If personally \nidentifiable viewing information regarding a subscriber to a service \nprovided by an interactive video-related service provider is collected, \nthe subscriber shall have access to such information for as long as \nsuch information is maintained.\n (e) Destruction of Information.--An interactive video-related \nservice provider shall destroy any personally identifiable personal \nviewing information that is collected by the service as soon as such \ninformation is no longer necessary for the purpose for which it was \ncollected or maintained pursuant to subsection (a) and there are no \npending requests or orders for access to such information under \nsubsection (d) or pursuant to a court order.\n (f) FTC Enforcement.--\n (1) Unfair or deceptive act.--This section shall be \n enforced by the Federal Trade Commission as if the violation of \n this section were an unfair or deceptive act or practice \n proscribed under section 18(a)(1)(B) of the Federal Trade \n Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (2) Actions by ftc.--The Federal Trade Commission shall \n prevent any person from violating this section in the same \n manner, by the same means, and with the same jurisdiction, \n powers, and duties as though all applicable terms and \n provisions of the Federal Trade Commission Act (15 U.S.C. 41 et \n seq.) were incorporated into and made a part of this section. \n Any entity that violates any provision of this section is \n subject to the penalties and entitled to the privileges and \n immunities provided in the Federal Trade Commission Act in the \n same manner, by the same means, and with the same jurisdiction, \n power, and duties as though all applicable terms and provisions \n of the Federal Trade Commission Act were incorporated into and \n made a part of this section.\n (3) Jurisdiction.--Notwithstanding section 5(a)(2) of the \n Federal Trade Commission Act (15 U.S.C. 45(a)(2)), \n communications common carriers shall be subject to the \n jurisdiction of the Federal Trade Commission for purposes of \n this section.\n (g) Enforcement by States.--\n (1) In general.--In any case in which the attorney general \n of a State has reason to believe that an interest of the \n residents of that State has been or is threatened or adversely \n affected by any interactive video-related service provider who \n violates this section, the State may bring a civil action in a \n United States district court--\n (A) to enjoin further violation of this section by \n the defendant; or\n (B) to obtain damages on behalf of residents of the \n State, as provided in paragraph (2).\n (2) Damages, fees, and costs.--In an action under paragraph \n (1)(B), the court may award--\n (A) actual damages, but not less than liquidated \n damages computed at the rate of $100 a day for each day \n of violation or $1,000, whichever is higher;\n (B) punitive damages; and\n (C) reasonable attorneys' fees and other litigation \n costs reasonably incurred.\n (h) Other Remedies.--The remedies provided by this Act shall be in \naddition to any other lawful remedy available to a subscriber to an \ninteractive video-related service.\n (i) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Interactive video-related services provider.--\n (A) In general.--Except as provided in subparagraph \n (B), the term ``interactive video-related services \n provider'' means any person who has access to personal \n viewing information through--\n (i) the provision of video programming (as \n such term is defined in section 602 of the \n Communications Act of 1934 (47 U.S.C. 522);\n (ii) services for recording of video \n programming;\n (iii) navigation devices, computer \n software, or information;\n (iv) converter boxes;\n (v) interactive communications equipment; \n or\n (vi) other equipment that is used by \n consumers to access multichannel video \n programming or other services offered through a \n service providing multichannel video \n programming.\n (B) Exception.--Such term shall not include any \n cable operator (as such term is defined in section 602 \n of the Communications Act of 1934.\n (2) Legitimate business activity.--The term ``legitimate \n business activity'' means, with respect to an interactive \n video-related service provider, any interaction between a \n consumer and the provider that is necessary to maintain the \n providing of a good or service requested by the consumer, \n including approving, guaranteeing, processing, administering, \n completing, enforcing, providing, or marketing a product, \n service, account, benefit, transaction, or payment method that \n is requested or approved by the consumer.\n (3) Personal viewing information.--The term ``personal \n viewing information'' means, with respect to multichannel video \n programming provided to a person, information regarding the \n video programming that the person views, displays, or records.\n (4) Personally identifiable information.--The term \n ``personally identifiable information'' does not include any \n record of aggregate data that does not identify particular \n persons.\n (5) Video programming.--The term ``video programming'' has \n the meaning given such term in section 602 of the \n Communications Act of 1934.\n (j) Preemption of State Laws.--This section supercedes any statute, \nregulation, or rule of a State or political subdivision of a State that \nexpressly regulates the collection, maintenance, or disclosure of \npersonal viewing information, regarding multichannel video programming, \nthat is personally identifiable.","summary":"Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided. (2) pursuant to a court order authorizing disclosure to a governmental entity. Or (3) to such subscriber. Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use. (2) the nature, frequency, and purpose of any disclosure that may be made. (3) the period during which the information will be maintained by the provider. And (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary. Provides for: (1) enforcement through the Federal Trade Commission or by the States, and (2) damages, including actual and punitive damages.","title":"To prohibit the collection, by interactive video-related service providers, of personally identifiable information regarding the viewing choices of subscribers to such services.","text_len":9745,"sum_len":1286} {"bill_id":"103_hr3088","text":"SECTION 1. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT \n TAXES WITH COLLECTION OF INCOME TAXES.\n\n (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 \n(relating to general provisions relating to employment taxes) is \namended by adding at the end the following new section:\n\n``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT \n TAXES WITH COLLECTION OF INCOME TAXES.\n\n ``(a) General Rule.--Except as otherwise provided in this section--\n ``(1) returns with respect to domestic service employment \n taxes shall be made on a calendar year basis,\n ``(2) any such return for any calendar year shall be filed \n on or before the 15th day of the fourth month following the \n close of the employer's taxable year which begins in such \n calendar year, and\n ``(3) no requirement to make deposits (or to pay \n installments under section 6157) shall apply with respect to \n such taxes.\n ``(b) Domestic Service Employment Taxes Subject to Estimated Tax \nProvisions.--\n ``(1) In general.--Solely for purposes of section 6654, \n domestic service employment taxes imposed with respect to any \n calendar year shall be treated as a tax imposed by chapter 2 \n for the taxable year of the employer which begins in such \n calendar year.\n ``(2) Annualization.--Under regulations prescribed by the \n Secretary, appropriate adjustments shall be made in the \n application of section 6654(d)(2) in respect of the amount \n treated as tax under paragraph (1).\n ``(3) Transitional rule.--For purposes of applying section \n 6654 to a taxable year beginning in 1993, the amount referred \n to in clause (ii) of section 6654(d)(1)(B) shall be increased \n by 90 percent of the amount treated as tax under paragraph (1) \n for such taxable year.\n ``(c) Domestic Service Employment Taxes.--For purposes of this \nsection, the term `domestic service employment taxes' means--\n ``(1) any taxes imposed by chapter 21 or 23 on remuneration \n paid for domestic service in a private home of the employer, \n and\n ``(2) any amount withheld from such remuneration pursuant \n to an agreement under section 3402(p).\nFor purposes of this subsection, the term `domestic service in a \nprivate home of the employer' does not include service described in \nsection 3121(g)(5).\n ``(d) Exception Where Employer Liable for Other Employment Taxes.--\nTo the extent provided in regulations prescribed by the Secretary, this \nsection shall not apply to any employer for any calendar year if such \nemployer is liable for any tax under this subtitle with respect to \nremuneration for services other than domestic service in a private home \nof the employer.\n ``(e) General Regulatory Authority.--The Secretary shall prescribe \nsuch regulations as may be necessary or appropriate to carry out the \npurposes of this section. Such regulations may treat domestic service \nemployment taxes as taxes imposed by chapter 1 for purposes of \ncoordinating the assessment and collection of such employment taxes \nwith the assessment and collection of domestic employers' income taxes.\n ``(f) Authority To Enter Into Agreements To Collect State \nUnemployment Taxes.--\n ``(1) In general.--The Secretary is hereby authorized to \n enter into an agreement with any State to collect, as the agent \n of such State, such State's unemployment taxes imposed on \n remuneration paid for domestic service in a private home of the \n employer. Any taxes to be collected by the Secretary pursuant \n to such an agreement shall be treated as domestic service \n employment taxes for purposes of this section.\n ``(2) Transfers to state account.--Any amount collected \n under an agreement referred to in paragraph (1) shall be \n transferred by the Secretary to the account of the State in the \n Unemployment Trust Fund.\n ``(3) Subtitle f made applicable.--For purposes of subtitle \n F, any amount required to be collected under an agreement under \n paragraph (1) shall be treated as a tax imposed by chapter 23.\n ``(4) State.--For purposes of this subsection, the term \n `State' has the meaning given such term by section \n 3306(j)(1).''\n (b) Clerical Amendment.--The table of sections for chapter 25 of \nsuch Code is amended by adding at the end thereof the following:\n\n ``Sec. 3510. Coordination of collection \n of domestic service employment \n taxes with collection of income \n taxes.''\n (c) Effective Date.--The amendments made by this section shall \napply to remuneration paid in calendar years beginning after December \n31, 1993.\n (d) Expanded Information to Employers.--The Secretary of the \nTreasury or his delegate shall prepare and make available information \non the Federal tax obligations of employers with respect to employees \nperforming domestic service in a private home of the employer. Such \ninformation shall also include a statement that such employers may have \nobligations with respect to such employees under State laws relating to \nunemployment insurance and workers compensation.\n\nSEC. 2. THRESHOLD REQUIREMENT FOR SOCIAL SECURITY TAXES.\n\n (a) Amendments of Internal Revenue Code.--\n (1) Treatment as wages.--Subparagraph (B) of section \n 3121(a)(7) of the Internal Revenue Code of 1986 (defining \n wages) is amended to read as follows:\n ``(B) cash remuneration paid by an employer in any calendar \n year to an employee for domestic service in a private home of \n the employer (other than service described in subsection \n (g)(5)), if the cash remuneration paid in such year by the \n employer to the employee for such service is less than the \n applicable dollar threshold (as defined in subsection (y)) for \n such year;''.\n (2) Applicable dollar threshold.--Section 3121 of such Code \n is amended by adding at the end the following new subsection:\n ``(y) Applicable Dollar Threshold for Domestic Employees.--For \npurposes of subsection (a)(7)(B), the term `applicable dollar \nthreshold' means $800. In the case of calendar years after 1994, the \nSecretary of Health and Human Services shall adjust such $800 amount at \nthe same time and in the same manner as under section 215(a)(1)(B)(ii) \nof the Social Security Act with respect to the amounts referred to in \nsection 215(a)(1)(B)(i) of such Act, except that, for purposes of this \nsubparagraph, 1992 shall be substituted for the calendar year referred \nto in section 215(a)(1)(B)(ii)(II) of such Act. If the amount \ndetermined under the preceding sentence is not a multiple of $50, such \namount shall be rounded to the nearest multiple of $50.''\n (3) Employment of domestic employees 16 and under excluded \n from coverage.--Section 3121(b) of such Code (defining \n employment) is amended--\n (A) by striking ``or'' at the end of paragraph \n (19),\n (B) by striking the period at the end of paragraph \n (20) and inserting ``; or'', and\n (C) by adding at the end the following new \n paragraph:\n ``(21) domestic service in a private home of the employer \n performed in any year by an individual 16 and under during any \n portion of such year.''\n (4) Conforming amendments.--The second sentence of section \n 3102(a) of such Code is amended--\n (A) by striking ``calendar quarter'' each place it \n appears and inserting ``calendar year'', and\n (B) by striking ``$50'' and inserting ``the \n applicable dollar threshold (as defined in section \n 3121(y)) for such year''.\n (b) Amendment of Social Security Act.--\n (1) In general.--Subparagraph (B) of section 209(a)(6) of \n the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to \n read as follows:\n ``(B) Cash remuneration paid by an employer in any calendar \n year to an employee for domestic service in a private home of \n the employer (other than service described in section \n 210(f)(5)), if the cash remuneration paid in such year by the \n employer to the employee for such service is less than the \n applicable dollar threshold (as defined in section 3121(y) of \n the Internal Revenue Code of 1986) for such year;''.\n (2) Employment of domestic employees 16 and under excluded \n from coverage.--Section 210(a) of such Act (42 U.S.C. 410(a)) \n is amended--\n (A) by striking ``or'' at the end of paragraph \n (19),\n (B) by striking the period at the end of paragraph \n (20) and inserting ``; or'', and\n (C) by adding at the end the following new \n paragraph:\n ``(21) domestic service in a private home of the employer \n performed in any year by an individual 16 and under during any \n portion of such year.''\n (c) Effective Date.--The amendments made by this section shall \napply to remuneration paid in calendar years beginning after December \n31, 1993.","summary":"Amends the Internal Revenue Code and title II of the Social Security Act to set forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis. Subjects such taxes to estimated tax provisions. Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home. Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes. Requires the Secretary to inform domestic service employers in private homes of their tax obligations. Adjusts the threshold for paying and withholding social security taxes on wages paid for domestic service in a private home. Requires the Secretary of Health and Human Services to adjust such threshold amount in the same manner as adjustments to certain social security insurance amounts. Excludes domestic service in a private home by an individual 16 years and under from amendments made by this Act.","title":"To amend the Internal Revenue Code of 1986 and title II of the Social Security Act to simplify employment taxes on domestic services.","text_len":9687,"sum_len":1229} {"bill_id":"114_hr1680","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Police Creating Accountability by \nMaking Effective Recording Available Act of 2015'' or the ``Police \nCAMERA Act''.\n\nSEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS.\n\n Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:\n\n``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS\n\n``SEC. 3021. GRANT PROGRAM AUTHORIZED.\n\n ``(a) In General.--The Assistant Attorney General for the Office of \nJustice Programs (in this section referred to as the `Assistant \nAttorney General') may make grants to States, units of local \ngovernment, and Indian tribes to purchase or lease body-worn cameras \nfor use by State, local, and tribal law enforcement officers (as \ndefined in section 2503) and expenses related to the implementation of \na body-worn camera program in order to deter excessive force, improve \naccountability and transparency of use of force by law enforcement \nofficers, assist in responding to complaints against law enforcement \nofficers, and improve evidence collection.\n ``(b) Duration of Grants.--\n ``(1) In general.--Grants awarded under this part shall be \n 2 years in duration.\n ``(2) Disbursement of grant amount.--In disbursing a grant \n awarded to an entity under this section--\n ``(A) upon awarding the grant to the entity, the \n Assistant Attorney General shall disburse 50 percent of \n the total grant amount to the entity; and\n ``(B) upon demonstration by the entity of \n completion of the requirements in subsection (d)(1), \n the Assistant Attorney General shall disburse the \n remaining 50 percent of the total grant amount to the \n entity.\n ``(c) Use of Funds.--Grants awarded under this section shall be--\n ``(1) distributed directly to the State, unit of local \n government, or Indian tribe; and\n ``(2) used for--\n ``(A) the purchase or lease of body-worn cameras \n for law enforcement officers on patrol in the \n jurisdiction of the grantee;\n ``(B) any costs relating to the implementation of a \n body-worn camera program, including law enforcement \n officer training or the storage or maintenance of data \n collected under a body-worn camera program; or\n ``(C) implementing policies or procedures to comply \n with the requirements described in subsection (d).\n ``(d) Requirements.--\n ``(1) In general.--The Assistant Attorney General shall \n award a grant under this section to a State, unit of local \n government, or Indian tribe requesting the grant that commits \n to--\n ``(A) establishing policies and procedures in \n accordance with the requirements described in paragraph \n (2) before law enforcement officers use of body-worn \n cameras;\n ``(B) adopting data collection and retention \n protocols as described in paragraph (3) before law \n enforcement officers use of body-worn cameras;\n ``(C) making the policies and protocols described \n in subparagraphs (A) and (B) available to the public; \n and\n ``(D) complying with the requirements for use of \n data under paragraph (4).\n ``(2) Required policies and procedures.--An entity \n receiving a grant under this section shall--\n ``(A) develop with community input and publish for \n public view policies and protocols for--\n ``(i) the safe and effective use of body-\n worn cameras;\n ``(ii) the secure storage, handling, and \n destruction of data collected by body-worn \n cameras;\n ``(iii) protecting the privacy rights of \n any individual who may be recorded by a body-\n worn camera; and\n ``(iv) the release of any data collected by \n a body-worn camera in accordance with the open \n records laws, if any, of the State; and\n ``(B) conduct periodic evaluations of the security \n of the storage and handling of the body-worn camera \n data.\n ``(3) Data collection and retention protocol.--The data \n collection and retention protocol described in this paragraph \n is a protocol that--\n ``(A) requires--\n ``(i) a law enforcement officer who is \n wearing a body-mounted camera to provide an \n explanation if an activity that is required to \n be recorded by the body-mounted camera is not \n recorded;\n ``(ii) a law enforcement officer who is \n wearing a body-mounted camera to obtain consent \n to be recorded from a crime victim or witness \n before interviewing the victim or witness;\n ``(iii) the collection of data unrelated to \n a legitimate law enforcement purpose be \n minimized to the greatest extent practicable;\n ``(iv) the system used to store data \n collected by body-worn cameras shall log all \n viewing, modification, or deletion of stored \n data and shall prevent, to the greatest extent \n practicable, the unauthorized access or \n disclosure of stored data;\n ``(v) any law enforcement officer be \n prohibited from accessing the stored data \n without an authorized purpose; and\n ``(vi) the law enforcement agency to \n collect and report data on--\n ``(I) incidences of use of force, \n disaggregated by race, ethnicity, \n gender, and age of the victim;\n ``(II) the number of complaints \n filed against law enforcement officers;\n ``(III) the disposition of \n complaints filed against law \n enforcement officers; and\n ``(IV) the number of times camera \n footage is used for evidence collection \n in investigations of crimes;\n ``(B) allows an individual to file a complaint with \n a law enforcement agency relating to the improper use \n of body-worn cameras; and\n ``(C) complies with any other requirements \n established by the Assistant Attorney General.\n ``(4) Use or transfer of data.--\n ``(A) In general.--Data collected by an entity \n receiving a grant under this section from a body-\n mounted camera shall be used only in internal and \n external investigations of misconduct by a law \n enforcement agency or officer, if there is reasonable \n suspicion that a recording contains evidence of a \n crime, or for limited training purposes. The Assistant \n Attorney General shall establish rules to ensure that \n the data is used only for the purposes described in \n this subparagraph.\n ``(B) Prohibition on transfer.--Except as provided \n in subparagraph (B), an entity receiving a grant under \n this section may not transfer any data collected by the \n entity from a body-mounted camera to another law \n enforcement or intelligence agency.\n ``(C) Exceptions.--\n ``(i) Criminal investigation.--An entity \n receiving a grant under this section may \n transfer data collected by the entity from a \n body-mounted camera to another law enforcement \n agency or intelligence agency for use in a \n criminal investigation if the requesting law \n enforcement or intelligence agency has \n reasonable suspicion that the requested data \n contains evidence relating to the crime being \n investigated.\n ``(ii) Civil rights claims.--An entity \n receiving a grant under this section may \n transfer data collected by the law enforcement \n agency from a body-mounted camera to another \n law enforcement agency for use in an \n investigation of any right, privilege, or \n immunity secured or protected by the \n Constitution or laws of the United States.\n ``(e) Matching Funds.--\n ``(1) In general.--Except as provided in paragraph (3), the \n Federal share of the cost of a program carried out using a \n grant under this part may not exceed 75 percent of the total \n cost of the program.\n ``(2) Indian assistance.--Any funds appropriated by \n Congress for the activities of any agency of an Indian tribal \n government or the Bureau of Indian Affairs performing law \n enforcement functions on any Indian lands may be used to \n provide the non-Federal share of the matching requirement \n described in paragraph (1).\n ``(3) Waiver.--The Assistant Attorney General may waive, in \n whole or in part, the matching requirement described in \n paragraph (1) in the case of fiscal hardship, as determined by \n the Assistant Attorney General.\n ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the \namounts appropriated to the Office of Justice Programs, $10,000,000 \nshall be used to carry out this part.\n\n``SEC. 3022. APPLICATIONS.\n\n ``(a) In General.--To request a grant under this part, the chief \nexecutive of a State, unit of local government, or Indian tribe shall \nsubmit an application to the Assistant Attorney General in such form \nand containing such information as the Assistant Attorney General may \nreasonably require.\n ``(b) Regulations.--Not later than 90 days after the date of the \nenactment of this part, the Assistant Attorney General shall promulgate \nregulations to implement this part, including the information that \nshall be included and the requirements that the States, units of local \ngovernment, and Indian tribes must meet in submitting the applications \nrequired under this section.\n\n``SEC. 3023. STUDY.\n\n ``(a) In General.--Not later than 2 years after the date on which \nall grants are awarded under this part, the Assistant Attorney General \nshall conduct a study on--\n ``(1) the efficacy of body-worn cameras in deterring \n excessive force by law enforcement officers;\n ``(2) the impact of body-worn cameras on the accountability \n and transparency of the use of force by law enforcement \n officers;\n ``(3) the impact of body-worn cameras on responses to and \n adjudications of complaints of excessive force;\n ``(4) the effect of the use of body-worn cameras on the \n safety of law enforcement officers on patrol;\n ``(5) the effect of the use of body-worn cameras on public \n safety;\n ``(6) the impact of body-worn cameras on evidence \n collection for criminal investigations;\n ``(7) issues relating to the secure storage and handling of \n data from the body-worn cameras;\n ``(8) issues relating to the privacy of citizens and \n officers recorded on body-worn cameras;\n ``(9) issues relating to the public's access to body-worn \n camera footage;\n ``(10) the need for proper training of law enforcement \n officers that use body-worn cameras;\n ``(11) best practices in the development of protocols for \n the safe and effective use of body-worn cameras; and\n ``(12) any other factors that the Assistant Attorney \n General determines are relevant in evaluating the efficacy of \n body-worn cameras.\n ``(b) Report.--Not later than 180 days after the date on which the \nstudy required under subsection (a) is completed, the Assistant \nAttorney General shall submit to Congress a report on the study.''.","summary":"Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Assistant Attorney General for the Office of Justice Programs to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras for use by law enforcement officers, and for expenses related to the implementation of a body-worn camera program, in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against officers, and improve evidence collection. Requires a grantee to: (1) develop, with community input, policies for the safe and effective use of body-worn cameras, for the secure storage, handling, and destruction of data collected, for protecting the privacy rights of any individual who may be recorded, and for the release of any data collected in accordance with the open records laws of the state. And (2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. Requires a grantee to adopt data collection and retention protocols that: require an officer wearing a camera to provide an explanation if an activity that is required to be recorded is not recorded and to obtain a crime victim's or witness's consent to be recorded before interviewing him or her. Minimize the collection of data unrelated to a legitimate law enforcement purpose. Require the system used to store collected data to log all viewing, modification, or deletion of such data and to prevent its unauthorized access or disclosure. Prohibit any law enforcement officer from accessing the stored data without an authorized purpose. Require the law enforcement agency to collect and report data on incidences of use of force, the number of complaints filed against officers, the disposition of such complaints, and the number of times camera footage is used for evidence collection in investigations of crimes. And allow an individual to file a complaint with a law enforcement agency relating to the improper use of such cameras. Allows data collected by a grantee to be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Prohibits a grantee from transferring any collected data to another law enforcement or intelligence agency, with specified exceptions for investigations of crimes and civil rights violations. Directs the Assistant Attorney General to study and report to Congress on the efficacy of body-worn cameras.","title":"Police CAMERA Act","text_len":13407,"sum_len":2740} {"bill_id":"106_hr409","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Financial Assistance \nManagement Improvement Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) there are over 600 different Federal financial \n assistance programs to implement domestic policy;\n (2) while the assistance described in paragraph (1) has \n been directed at critical problems, some Federal administrative \n requirements may be duplicative, burdensome, or conflicting, \n thus impeding cost-effective delivery of services at the local \n level;\n (3) the Nation's State, local, and tribal governments and \n private, nonprofit organizations are dealing with increasingly \n complex problems which require the delivery and coordination of \n many kinds of services; and\n (4) streamlining and simplification of Federal financial \n assistance administrative procedures and reporting requirements \n will improve the delivery of services to the public.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are to--\n (1) improve the effectiveness and performance of Federal \n financial assistance programs;\n (2) simplify Federal financial assistance application and \n reporting requirements;\n (3) improve the delivery of services to the public; and\n (4) facilitate greater coordination among those responsible \n for delivering such services.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the Office of Management and Budget.\n (2) Federal agency.--The term ``Federal agency'' means any \n agency as defined under section 551(1) of title 5, United \n States Code.\n (3) Federal financial assistance.--The term ``Federal \n financial assistance'' has the meaning given that term in \n section 7501(a)(5) of title 31, United States Code, under which \n Federal financial assistance is provided, directly or \n indirectly, to a non-Federal entity.\n (4) Local government.--The term ``local government'' means \n a political subdivision of a State that is a unit of general \n local government (as defined under section 7501(a)(11) of title \n 31, United States Code);\n (5) Non-federal entity.--The term ``non-Federal entity'' \n means a State, local government, or nonprofit organization.\n (6) Nonprofit organization.--The term ``nonprofit \n organization'' means any corporation, trust, association, \n cooperative, or other organization that--\n (A) is operated primarily for scientific, \n educational, service, charitable, or similar purposes \n in the public interest;\n (B) is not organized primarily for profit; and\n (C) uses net proceeds to maintain, improve, or \n expand the operations of the organization.\n (7) State.--The term ``State'' means any State of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the Virgin Islands, Guam, American Samoa, the \n Commonwealth of the Northern Mariana Islands, and the Trust \n Territory of the Pacific Islands, and any instrumentality \n thereof, any multi-State, regional, or interstate entity which \n has governmental functions, and any Indian Tribal Government.\n (8) Tribal government.--The term ``tribal government'' \n means an Indian tribe, as that term is defined in section \n 7501(a)(9) of title 31, United States Code.\n (9) Uniform administrative rule.--The term ``uniform \n administrative rule'' means a government-wide uniform rule for \n any generally applicable requirement established to achieve \n national policy objectives that applies to multiple Federal \n financial assistance programs across Federal agencies.\n\nSEC. 5. DUTIES OF FEDERAL AGENCIES.\n\n (a) In General.--Not later than 18 months after the date of the \nenactment of this Act, each Federal agency shall develop and implement \na plan that--\n (1) streamlines and simplifies the application, \n administrative, and reporting procedures for Federal financial \n assistance programs administered by the agency;\n (2) demonstrates active participation in the interagency \n process under section 6(a)(2);\n (3) demonstrates appropriate agency use, or plans for use, \n of the common application and reporting system developed under \n section 6(a)(1);\n (4) designates a lead agency official for carrying out the \n responsibilities of the agency under this Act;\n (5) allows applicants to electronically apply for, and \n report on the use of, funds from the Federal financial \n assistance program administered by the agency in a manner not \n inconsistent with the Government Paperwork Elimination Act \n (title XVII of Public Law 105-277);\n (6) ensures recipients of Federal financial assistance \n provide timely, complete, and high quality information in \n response to Federal reporting requirements; and\n (7) establishes specific annual goals and objectives to \n further the purposes of this Act and measure annual performance \n in achieving those goals and objectives, which may be done as \n part of the agency's annual planning responsibilities under the \n provisions enacted in the Government Performance and Results \n Act of 1993 (Public Law 103-62).\n (b) Extension.--If one or more agencies are unable to comply with \nthe requirements of subsection (a), the Director shall report to the \nCommittee on Governmental Affairs of the Senate and the Committee on \nGovernment Reform of the House of Representatives the reasons for \nnoncompliance. After consultation with such committees, the Director \nmay extend the period for plan development and implementation for each \nnoncompliant agency for up to 12 months.\n (c) Comment and Consultation on Agency Plans.--\n (1) Comment.--Each agency shall publish the plan developed \n under subsection (a) in the Federal Register and shall receive \n public comment of the plan through the Federal Register and \n other means (including electronic means). To the maximum extent \n practicable, each Federal agency shall hold public forums on \n the plan.\n (2) Consultation.--The lead official designated under \n subsection (a)(4) shall consult with representatives of non-\n Federal entities during development and implementation of the \n plan. Consultation with representatives of State, local, and \n tribal governments shall be in accordance with section 204 of \n the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 \n U.S.C. 1534).\n (d) Submission of Plan.--Each Federal agency shall submit the plan \ndeveloped under subsection (a) to the Director and Congress and report \nannually thereafter on the implementation of the plan and performance \nof the agency in meeting the goals and objectives specified under \nsubsection (a)(7). Such report may be included as part of any of the \ngeneral management reports required under law.\n (e) Department of Housing and Urban Development.--(1) Not later \nthan 18 months after the date of the enactment of this Act, the \nDepartment of Housing and Urban Development shall develop and implement \na plan that establishes policies and procedures regarding an applicant \nwho has submitted an application for Federal financial assistance to \nthe agency that includes a technical deficiency under which--\n (A) the applicant shall be notified promptly of the \n deficiency and permitted to submit the appropriate information \n to correct the deficiency within 7 days of receipt of notice by \n the applicant of the deficiency, notwithstanding that the \n deadline for submission of an application has expired;\n (B) the application shall continue to be considered by the \n agency during the period before the applicant is notified and \n the 7-day period during which the applicant is permitted to \n correct the deficiency; and\n (C) if the applicant corrects the deficiency within the 7-\n day period, the agency shall continue to consider the \n application.\n (2) A deficiency (including, but not limited to, a misfiling, \nerror, or omission) may be considered technical for purposes of this \nsubsection notwithstanding a material impact on the eligibility of an \napplicant or proposed activity for requested funding. A technical \ndeficiency for purposes of this subsection does not include the failure \nto submit a substantially complete application by a deadline published \nin the Federal Register.\n\nSEC. 6. DUTIES OF THE DIRECTOR.\n\n (a) In General.--The Director, in consultation with agency heads, \nand representatives of non-Federal entities, shall direct, coordinate \nand assist Federal agencies in establishing:\n (1)(A) a common application or set of common applications, \n wherein a non-Federal entity can apply for Federal financial \n assistance from multiple Federal financial assistance programs \n that serve similar purposes and are administered by different \n Federal agencies;\n (B) a common system, including electronic processes, \n wherein a non-Federal entity can apply for, manage, and report \n on the use of funding from multiple Federal financial \n assistance programs that serve similar purposes and are \n administered by different Federal agencies; and\n (C) uniform administrative rules for Federal financial \n assistance programs across different Federal agencies.\n (2) An interagency process for addressing--\n (A) ways to streamline and simplify Federal \n financial assistance administrative procedures and \n reporting requirements for non-Federal entities;\n (B) improved interagency and intergovernmental \n coordination of information collection and sharing of \n data pertaining to Federal financial assistance \n programs, including appropriate information sharing \n consistent with the provisions in the Privacy Act of \n 1974 (Public Law 93-579); and\n (C) improvements in the timeliness, completeness, \n and quality of information received by Federal agencies \n from recipients of Federal financial assistance.\n (b) Lead Agency and Working Groups.--The Director may designate a \nlead agency to assist the Director in carrying out the responsibilities \nunder this section. The Director may use interagency working groups to \nassist in carrying out such responsibilities.\n (c) Review of Plans and Reports.--Agencies shall submit to the \nDirector, upon his request and for his review, information and other \nreporting regarding their implementation of this Act.\n (d) Exemptions.--The Director may exempt any Federal agency or \nFederal financial assistance program from the requirements of this Act \nif the Director determines that the Federal agency does not have a \nsignificant number of Federal financial assistance programs. The \nDirector shall maintain a list of exempted agencies which will be \navailable to the public through the Internet site of the Office of \nManagement and Budget.\n (e) Report on Recommended Changes in Law.--Not later than 18 months \nafter the date of the enactment of this Act, the Director shall submit \nto Congress a report containing recommendations for changes in law to \nimprove the effectiveness and performance of Federal financial \nassistance programs.\n\nSEC. 7. EVALUATION.\n\n (a) In General.--The Director (or the lead agency designated under \nsection 6(b)) shall contract with the National Academy of Public \nAdministration to evaluate the effectiveness of this Act. Not later \nthan 4 years after the date of the enactment of this Act, the \nevaluation shall be submitted to the lead agency, the Director, and \nCongress. The evaluation shall be performed with input from State, \nlocal, and tribal governments, and nonprofit organizations.\n (b) Contents.--The evaluation under subsection (a) shall--\n (1) assess the effectiveness of this Act in meeting the \n purposes of this Act and make specific recommendations to \n further the implementation of this Act;\n (2) evaluate actual performance of each agency in achieving \n the goals and objectives stated in agency plans;\n (3) assess the level of coordination among the Director, \n Federal agencies, State, local, and tribal governments, and \n nonprofit organizations in implementing this Act.\n\nSEC. 8. COLLECTION OF INFORMATION.\n\n Nothing in this Act shall be construed to prevent the Director or \nany Federal agency from gathering, or to exempt any recipient of \nFederal financial assistance from providing, information that is \nrequired for review of the financial integrity or quality of services \nof an activity assisted by a Federal financial assistance program.\n\nSEC. 9. JUDICIAL REVIEW.\n\n There shall be no judicial review of compliance or noncompliance \nwith any of the provisions of this Act. No provision of this Act shall \nbe construed to create any right or benefit, substantive or procedural, \nenforceable by any administrative or judicial action.\n\nSEC. 10. STATUTORY REQUIREMENTS.\n\n Nothing in this Act shall be construed as a means to deviate from \nthe statutory requirements relating to applicable Federal financial \nassistance programs.\n\nSEC. 11. EFFECTIVE DATE AND SUNSET.\n\n This Act shall take effect on the date of the enactment of this Act \nand shall cease to be effective five years after such date of \nenactment.\n\nSEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE.\n\n It is the sense of the Congress that Federal agencies, in providing \nFederal financial assistance for the purpose of economic development, \nshould focus primarily on communities with high poverty and \nunemployment rates.\n\n Passed the House of Representatives February 24, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days. And (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs. (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs. (3) uniform administrative rules for Federal financial assistance programs across different agencies. And (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. And (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates.","title":"Federal Financial Assistance Management Improvement Act of 1999","text_len":14761,"sum_len":3623} {"bill_id":"111_hr2702","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Suspend Brazil GSP Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) According to the Department of State, there are at \n least 50 cases involving at least 64 children who were habitual \n residents of the United States and who were removed to Brazil \n by one parent, wrongfully denying custody to the parent in the \n United States, and who have not been returned to the United \n States as required under the Convention on the Civil Aspects of \n International Child Abduction, done at the Hague on October 25, \n 1980 (TIAS 11670; in this section referred to as the ``Hague \n Convention'').\n (2) David Goldman, a United States citizen and resident of \n New Jersey, has been trying unsuccessfully since June 2004 to \n secure the return of his son Sean to the United States where \n Sean maintained his habitual residence until his mother, Bruna \n Bianchi Ribeiro Goldman, removed Sean to Brazil.\n (3) On September 3, 2004, Mr. Goldman filed an application \n for the immediate return of Sean to the United States under the \n Hague Convention to which both the United States and Brazil are \n party and which entered into force between Brazil and the \n United States on December 1, 2003.\n (4) Pursuant to Article 12 of the Hague Convention, the \n judicial authority of Brazil was required to order Sean's \n return to the United States ``forthwith'', customarily defined \n under international law as within six weeks after an \n application for return has been filed.\n (5) On October 13, 2005, the Brazilian court refused to \n return Sean in contravention of Brazil's obligations under the \n Hague Convention even though it found that Sean was a habitual \n resident of the United States and, pursuant to international \n law, had been wrongfully removed and retained in Brazil.\n (6) On August 22, 2008, Mrs. Goldman passed away in Brazil \n leaving Sean without a mother and separated from his biological \n father in the United States. Instead of returning Sean to the \n custody of his father David, Mrs. Goldman's second husband, \n Joao Paulo Lins e Silva, petitioned the Brazilian courts for \n custody rights over Sean.\n (7) On September 25, 2008, Mr. Goldman filed an amended \n application under the Hague Convention against Mr. Lins e Silva \n for the return of custody over Sean.\n (8) On June 1, 2009, a federal court judge in Brazil \n ordered that Sean be turned over to the United States consulate \n in Rio de Janeiro and returned to his father on June 3, 2009. \n The court further ordered that, following a 30-day adaptation \n period in the United States, Mr. Goldman be given full custody \n over Sean.\n (9) On June 2, 2009, one Brazilian Supreme Court justice \n suspended the order of the first level of the Federal Court on \n the basis of a motion filed by the Progressive Party, a small \n Brazilian political party, that objects to the application of \n the Hague Convention in Brazil. This suspension must now be \n heard by the full Supreme Court, could further delay the \n Goldman case for months, and could prevent the return of any \n other abducted children to the United States.\n (10) Brazil is a primary beneficiary under the Generalized \n System of Preferences program. In 2008, Brazil received duty-\n free status under the GSP for United States imports totaling \n $2.75 billion.\n (11) A country that refuses to abide by its international \n obligations pursuant to the Hague Convention and recognize the \n international rights of parents and their children from the \n United States should not be able to export goods to the United \n States duty-free under the Generalized System of Preferences \n program.\n (b) Declaration of Purpose.--The purpose of this Act is to--\n (1) attain the immediate return of Sean Goldman and all \n children to the United States who are being held wrongfully in \n Brazil in contravention of the Hague Convention; and\n (2) impress upon the judiciary, central authority, and law \n enforcement of Brazil the importance of abiding by their \n respective obligations pursuant to the Hague Convention.\n\nSEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES \n FOR BRAZIL.\n\n (a) Notification of Suspension of Duty-Free Treatment.--Not later \nthan 7 days after the date of the enactment of this Act, the President \nshall notify the member countries of the World Trade Organization that \nthe United States is suspending the application of Generalized System \nof Preferences for Brazil in accordance with the requirements of this \nsection.\n (b) Suspension of Duty-Free Treatment.--\n (1) In general.--Not later than 30 days after the date of \n the enactment of this Act, the President shall suspend the \n application of Generalized System of Preferences for Brazil.\n (2) Waiver.--The President may waive the application of \n paragraph (1) if the President determines and reports to the \n appropriate congressional committees that it is important to \n the national interests of the United States to do so.\n (c) Reinstatement of Duty-Free Treatment.--The President may \nreinstate the application of Generalized System of Preferences for \nBrazil if the President certifies to the appropriate congressional \ncommittees that the following requirements have been satisfied:\n (1) The central authority of Brazil is complying with its \n obligations under the Convention on the Civil Aspects of \n International Child Abduction, done at the Hague on October 25, \n 1980 (TIAS 11670; in this section referred to as the ``Hague \n Convention'') with respect to international child abduction \n cases involving children from the United States.\n (2) The judicial system of Brazil is complying with its \n obligations under the Hague Convention with respect to \n international child abduction cases involving children from the \n United States.\n (3) The law enforcement system of Brazil is complying with \n its obligations under the Hague Convention with respect to \n international child abductions cases involving children from \n the United States.\n\nSEC. 4. DEFINITIONS.\n\n In this section:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs and the \n Committee on Ways and Means of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Finance of the Senate.\n (2) Generalized system of preferences.--The term \n ``Generalized System of Preferences'' means duty-free treatment \n provided to eligible articles from beneficiary developing \n countries under title V of the Trade Act of 1974 (19 U.S.C. \n 2461 et seq.).","summary":"Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction. And (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil. And (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil. Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention.","title":"To suspend the application of Generalized System of Preferences for Brazil until such time as Brazil complies with its obligations toward the United States under the Convention on the Civil Aspects of International Child Abduction.","text_len":7532,"sum_len":985} {"bill_id":"103_hr760","text":"TITLE I--BIOTECHNOLOGICAL PROCESS PATENTS\n\nSEC. 101. CONDITIONS FOR PATENTABILITY; NONOBVIOUS SUBJECT MATTER.\n\n Section 103 of title 35, United States Code, is amended--\n (1) in the first unnumbered paragraph by inserting ``(a)'' \n before ``A patent'';\n (2) in the second unnumbered paragraph by inserting ``(b)'' \n before ``Subject matter''; and\n (3) by adding at the end thereof the following new \n subsections:\n ``(c) Notwithstanding any other provision of this section, a \nclaimed process of making or using a machine, manufacture, or \ncomposition of matter is not obvious under this section if--\n ``(1) the machine, manufacture, or composition of matter is \n novel under section 102 of this title and nonobvious under this \n section;\n ``(2) the claimed process is a biotechnological process as \n defined in subsection (d); and\n ``(3)(A) the machine, manufacture, or composition of \n matter, and the claimed process invention at the time it was \n made, were owned by the same person or subject to an obligation \n of assignment to the same person; and\n ``(B) claims to the process and to the machine, \n manufacture, or composition of matter--\n ``(i) are entitled to the same effective filing \n date; and\n ``(ii) appear in the same patent application, \n different patent applications, or patent which is owned \n by the same person and which expires or is set to \n expire on the same date.\n ``(d) For purposes of this section, the term `biotechnological \nprocess' means any method of making or using living organisms, or parts \nthereof, for the purpose of making or modifying products. Such term \nincludes recombinant DNA, recombinant RNA, cell fusion including \nhybridoma techniques, and other processes involving site specific \nmanipulation of genetic material.''.\n\nSEC. 102. NO PRESUMPTION OF INVALIDITY.\n\n The first unnumbered paragraph of section 282 of title 35, United \nStates Code, is amended by inserting after the second sentence ``A \nclaim issued under the provisions of section 103(c) of this title on a \nprocess of making or using a machine, manufacture, or composition of \nmatter shall not be held invalid under section 103 of this title solely \nbecause the machine, manufacture, or composition of matter is \ndetermined to lack novelty under section 102 of this title or to be \nobvious under section 103 of this title.''.\n\nSEC. 103. EFFECTIVE DATE.\n\n The amendments made by this title shall apply to all United States \npatents granted on or after the date of the enactment of this Act and \nto all applications for United States patents pending on or filed after \nsuch date of enactment, including any application for the reissuance of \na patent.\n\n TITLE II--BIOTECHNOLOGICAL MATERIAL PATENTS\n\nSEC. 201. INFRINGEMENT BY IMPORTATION, SALE OR USE.\n\n (a) Infringement.--Section 271 of title 35, United States Code, is \namended by adding at the end the following new subsection:\n ``(h) Whoever without authority imports into the United States or \nsells or uses within the United States a product which is made by using \na biotechnological material (as defined under section 154(b)) which is \npatented in the United States shall be liable as an infringer if the \nimportation, sale, or use of the product occurs during the term of such \npatent.''.\n (b) Contents and Term Patent.--Section 154 of title 35, United \nStates Code, is amended--\n (1) by inserting ``(a)'' before ``Every'';\n (2) by striking out ``in this title,'' and inserting in \n lieu thereof ``in this title (1)'';\n (3) by striking out ``and, if the invention'' and inserting \n ``(2) if the invention'';\n (4) by inserting after ``products made by that process,'' \n the following: ``and (3) if the invention is a biotechnological \n material used in making a product, of the right to exclude \n others from using or selling throughout the United States, or \n importing into the United States the product made or using such \n biotechnological material,''; and\n (5) by adding at the end thereof the following:\n ``(b) For purposes of this section, the term `biotechnological \nmaterial' is defined as any material (including a host cell, DNA \nsequence, or vector) that is used in a biotechnological process as \ndefined under section 103(d).''.\n (c) Effective Date.--\n (1) In general.--The amendment made by this section shall \n take effect six months after the date of enactment of this Act \n and, subject to paragraph (2), shall apply only with respect to \n products made or imported after the effective date of the \n amendments made by this section.\n (2) Exceptions.--The amendments made by this section shall \n not abridge or affect the right of any person, or any successor \n to the business of such person--\n (A) to continue to use, sell, or import products in \n substantial and continuous sale or use by such person \n in the United States on the date of enactment of this \n Act; or\n (B) to continue to use, sell, or import products \n for which substantial preparation by such person for \n such sale or use was made before such date, to the \n extent equitable for the protection of commercial \n investment made or business commenced in the United \n States before such date.","summary":"TABLE OF CONTENTS: Title I: Biotechnological Process Patents Title II: Biotechnological Material Patents Title I: Biotechnological Process Patents - Amends Federal patent law to cite conditions under which a claimed process of making or using a machine, manufacture, or composition of matter is not obvious . Establishes a presumption of validity with respect to a process claim even through a related product claim is invalidated . Title II: Biotechnological Material Patents - Makes any unauthorized person who imports or sells a product made by using a biotechnological material that is patented in the United States liable for patent infringement. Includes within the terms of such patents the right to exclude others from using, selling, or importing such products throughout or into the United States. Establishes exceptions to such requirements to the extent suitable to protect commercial investment made or business commenced before the effective date of such amendments.","title":"To amend title 35, United States Code, with respect to patents on certain processes.","text_len":5756,"sum_len":980} {"bill_id":"104_hr1456","text":"SECTION 1. SHORT TITLE; REFERENCES IN ACT.\n\n (a) Short Title.--This Act may be cited as the ``Medicare Mental \nHealth Improvement Act''.\n (b) References to Social Security Act.--Whenever in this Act an \namendment is expressed in terms of an amendment to or repeal of a \nsection or other provision, the reference shall be considered to be \nmade to that section or other provision of the Social Security Act.\n\nSEC. 2. INPATIENT PSYCHIATRIC HOSPITAL SERVICES.\n\n (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is \namended--\n (1) by striking ``and'' at the end of paragraph (3);\n (2) by striking the period at the end of paragraph (4) and \n inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(5) inpatient hospital services furnished primarily for \n the diagnosis or treatment of mental illness or substance abuse \n for up to 60 days during a year.''.\n (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C. \n1395d(b)) is amended to read as follows:\n ``(3) inpatient hospital services furnished primarily for \n the diagnosis or treatment of mental illness or substance abuse \n that are furnished to the individual during a year after such \n services have been furnished to the individual for a total of \n 60 days during the year.''.\n (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C. \n1395d(a)(1)) is amended by inserting ``(other than services described \nin paragraph (5))'' after ``inpatient hospital services'' the first \nplace it appears.\n (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by \ninserting ``(other than services described in paragraph (3))'' after \n``inpatient hospital services'' the first place it appears.\n (3) Section 1812 (42 U.S.C. 1395d) is amended by striking \nsubsection (c).\n (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended--\n (A) in paragraph (2), by striking subparagraph (A);\n (B) in paragraph (3), by striking ``(other than inpatient \n psychiatric hospital services)''; and\n (C) by striking paragraph (4).\n (5) Section 1861 (42 U.S.C. 1395x) is amended by striking \nsubsection (c).\n (d) Effective Date; Transition.--The amendments made by this \nsection shall take effect January 1, 1996, except that--\n (1) an individual who at any time prior to such date has \n been furnished inpatient psychiatric hospital services (as \n defined for purposes of title XVIII of the Social Security Act \n as of the date of the enactment of this Act) for 190 \n consecutive days is not entitled to any services under section \n 1812(a)(5) (as added by subsection (a)(3)); and\n (2) in the case of an individual who is not described in \n paragraph (1) and is receiving inpatient psychiatric hospital \n services (as defined for purposes of title XVIII of the Social \n Security Act as of the date of the enactment of this Act) on \n December 31, 1995, for which payment may be made under section \n 1812 of such Act, the number of days of services for which the \n individual is entitled under section 1812(a)(5) (and the number \n of days applicable under section 1812(b)(3)) shall be equal to \n the greater of 60 or the difference between 190 days and the \n number of days of such inpatient psychiatric hospital services \n furnished to the individual prior to January 1, 1996.\n\nSEC. 3. INTENSIVE RESIDENTIAL SERVICES.\n\n (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)), \nas amended by section 2(a), is amended--\n (1) by striking ``and'' at the end of paragraph (4);\n (2) by striking the period at the end of paragraph (5) and \n inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(6) intensive residential services (as described in \n section 1861(qq)) furnished to an individual for up to 120 days \n during any calendar year, except that such services may be \n furnished to the individual for additional days during the year \n if necessary for the individual to complete a course of \n treatment to the extent that the number of days of inpatient \n hospital services described in paragraph (5) that may be \n furnished to the individual during the year (as reduced under \n such paragraph) is not less than 15.''.\n (2) Services described.--Section 1861 (42 U.S.C. 1395x), as \n amended by section 146(a) of the Social Security Act Amendments \n of 1994, is amended by adding at the end the following new \n subsection:\n\n ``Intensive Residential Services\n\n ``(mm)(1) Subject to paragraph (2), the term `intensive residential \nservices' means inpatient services provided in any of the following \nfacilities:\n ``(A) Residential detoxification centers.\n ``(B) Crisis residential programs or mental illness \n residential treatment programs.\n ``(C) Therapeutic family or group treatment homes.\n ``(D) Residential centers for substance abuse treatment.\n ``(2) No service may be treated as an intensive residential service \nunder paragraph (1) unless the facility at which the service is \nprovided--\n ``(A) is legally authorized to provide such service under \n the law of the State (or under a State regulatory mechanism \n provided by State law) in which the facility is located or is \n certified to provide such service by an appropriate \n accreditation entity approved by the State in consultation with \n the Secretary; and\n ``(B) meets such other requirements as the Secretary may \n impose to assure the quality of the intensive residential \n services provided.\n ``(3) No service may be treated as an intensive residential service \nunder paragraph (1) unless the service is furnished in accordance with \nstandards established by the Secretary for the management of such \nservices.''.\n (3) Reduction in days of coverage for inpatient services.--\n Section 1812(a)(5) and section 1812(b)(3), as amended by \n section 2, are each amended by striking the period at the end \n and inserting the following: ``, reduced by a number of days \n determined by the Secretary so that the actuarial value of \n providing such number of days of services under this paragraph \n to the individual is equal to the actuarial value of the days \n of inpatient residential services furnished to the individual \n under paragraph (6) during the year after such services have \n been furnished to the individual for 120 days during the year \n (rounded to the nearest day).''.\n (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is \n amended--\n (A) in subsection (b) in the matter preceding \n paragraph (1), by inserting ``other than intensive \n residential services,'' after ``hospice care,''; and\n (B) by adding at the end the following new \n subsection:\n\n ``Payment for Intensive Residential Services\n\n ``(m) The amount of payment under this part for intensive \nresidential services under section 1812(a)(6) shall be equal to--\n ``(1) the lesser of--\n ``(A) the reasonable cost of such services, as \n determined under section 1861(v), or\n ``(B) the customary charges with respect to such \n services,\n less the amount a provider may charge as described in clause \n (ii) of section 1866(a)(2)(A):\n ``(2) if such services are furnished by a public provider \n of services or by another provider which demonstrates to the \n satisfaction of the Secretary that a significant portion of its \n patients are low-income (and requests that payment be made \n under this clause), free of charge or at nominal charges to the \n public, the amount determined in accordance with subsection \n (b)(2); and\n ``(3) if (and for so long as) the conditions described in \n subsection (b)(3) are met, the amounts determined under the \n reimbursement system described in such section.''.\n\nSEC. 4. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND \n SUBSTANCE ABUSE SERVICES.\n\n (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by \nstriking ``mental, psychoneurotic, and personality disorders'' and all \nthat follows through ``are incurred'' and inserting the following: \n``mental illness or substance abuse of an individual who, at the time \nsuch expenses are incurred, is over 18 years of age, is not an \ninpatient of a hospital, and has received 5 or more sessions of such \ntreatment during the calendar year,''.\n (b) Requiring Services To Be Furnished in Accordance With \nManagement Standards.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended \nby section 156(a)(2)(D) of the Social Security Act Amendments of 1994, \nis amended--\n (1) by striking ``or'' at the end of paragraph (14);\n (2) by striking the period at the end of paragraph (15) and \n inserting ``; or''; and\n (3) by inserting after paragraph (15) the following new \n paragraph:\n ``(16) in the case of any items or services furnished under \n part B for the treatment of mental illness or emotional \n disturbance (including substance abuse), if the services are \n not furnished in accordance with standards established by the \n Secretary for the management of such services.''.\n\nSEC. 5. INTENSIVE COMMUNITY-BASED SERVICES.\n\n (a) Coverage.--\n (1) In general.--Section 1832(a)(2)(J) (42 U.S.C. \n 1395k(a)(2)(J)) is amended to read as follows:\n ``(J) intensive community-based services (as \n described in section 1861(ff))--\n ``(i) for an unlimited number of days \n during any calendar year, in the case of \n services described in section 1861(ff)(2)(E) \n that are furnished to an individual who is a \n seriously mentally ill adult, a seriously \n emotionally disturbed child, or an adult or \n child with serious substance abuse disorder (as \n determined in accordance with criteria \n established by the Secretary),\n ``(ii) in the case of day treatment \n services for an individual under 19 years of \n age described in section 1861(ff)(2)(C), for up \n to 180 days during any calendar year, except \n that such services may be furnished to the \n individual for a number of additional days \n during the year equal to the difference between \n the total number of days of intensive \n residential services which the individual may \n receive during the year under part A (as \n determined under section 1812(a)(6)) and the \n number of days of such services which the \n individual has received during the year, or\n ``(iii) in the case of any other such \n services, for up to 90 days during any calendar \n year, except that such services may be \n furnished to the individual for the number of \n additional days during the year described in \n clause (ii).''.\n (2) Reduction in number of days of intensive residential \n services.--Section 1812(a)(6) (42 U.S.C. 1395d(a)(6)), as added \n by section 3(a), is amended--\n (A) by inserting ``(A)'' before ``such services''; \n and\n (B) by striking the period at the end and inserting \n the following: ``, and (B) reduced by a number of days \n determined by the Secretary so that the actuarial value \n of providing such number of days of services under this \n paragraph to the individual is equal to the actuarial \n value of the days of intensive community-based services \n furnished to the individual under section 1832(a)(2)(J) \n during the year after such services have been furnished \n to the individual for 90 days (or, in the case of \n services described in section 1832(a)(2)(J)(ii), for \n 180 days) during the year (rounded to the nearest \n day).''.\n (b) Services Described.--Section 1861(ff)(2) (42 U.S.C. \n1395x(ff)(2)) is amended--\n (1) in the matter preceding subparagraph (A), by striking \n ``are--'' and inserting ``are as follows:'';\n (2) in subparagraph (C)--\n (A) by inserting ``behavioral aide services,'' \n after ``nurses'', and\n (B) by adding at the end the following: ``(to the \n extent authorized under State law)'';\n (3) by adding ``and'' at the end of subparagraph (G);\n (4) in subparagraph (H), by striking ``, and'' and \n inserting a period;\n (5) by redesignating subparagraphs (A) through (H) as \n clauses (i) through (viii) and moving such subparagraphs 2 ems \n to the right;\n (6) by inserting before clause (i) (as so redesignated) the \n following:\n ``(A) Partial hospitalization services consisting \n of--'';\n (7) by inserting after clause (viii) (as so redesignated) \n the following new subparagraphs:\n ``(B) Psychiatric rehabilitation services.\n ``(C) Day treatment services for substance abuse treatment \n for individuals of any age and for other mental health services \n for individuals under 19 years of age.\n ``(D) In-home services.\n ``(E) Case management services, including collateral \n services designated as such case management services by the \n Secretary.\n ``(F) Ambulatory detoxification services.''; and\n (8) in subparagraph (I)--\n (A) by striking ``such'' and inserting ``Such'', \n and\n (B) by redesignating such subparagraph as \n subparagraph (G).\n (c) Permitting Non-Physician Providers To Supervise Individual \nProgram of Treatment.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is \namended by inserting after ``supervision of a physician'' the \nfollowing: ``(or, to the extent permitted under the law of the State in \nwhich the services are furnished, a non-physician mental health or \nsubstance abuse treatment professional)''.\n (d) Requiring Services To Meet Management Standards.--Section \n1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by striking the period \nat the end and inserting the following: ``, but does not include any \nitem or service that is not furnished in accordance with standards \nestablished by the Secretary for the management of such services.''.\n (e) Programs Eligible To Provide Services.--Section 1861(ff)(3) (42 \nU.S.C. 1395x(ff)(3)) is amended to read as follows:\n ``(3) A program described in this paragraph is a program (whether \nfacility-based or freestanding) which is furnished by an entity--\n ``(A) legally authorized to furnish such a program under \n State law (or the State regulatory mechanism provided by State \n law) or certified to furnish such a program by an appropriate \n accreditation entity approved by the State in consultation with \n the Secretary; and\n ``(B) meeting such other requirements as the Secretary may \n impose to assure the quality of the intensive community-based \n services provided.''.\n (f) Waiver of Copayment for Case Management Services Furnished to \nCertain Individuals.--Section 1833(a)(2) (42 U.S.C. 1395l(a)(2)), as \namended by section 147(f)(6)(C) of the Social Security Act Amendments \nof 1994, is amended--\n (1) in subparagraph (B), by striking ``or (E)'' and \n inserting ``(E), or (F)'';\n (2) by striking ``and'' at the end of subparagraph (E);\n (3) by adding ``and'' at the end of subparagraph (F); and\n (4) by adding at the end the following new subparagraph:\n ``(G) with respect to services described in section \n 1832(a)(2)(J)(i), the amount determined under \n subparagraph (B), except that `100 percent' shall be \n substituted for any reference in such subparagraph to \n `80 percent';''.\n (g) Conforming Amendments.--(1) Section 1835(a)(2)(F) (42 U.S.C. \n1395n(a)(2)(F)) is amended--\n (A) by striking ``partial hospitalization'' and inserting \n ``intensive community-based''; and\n (B) in clause (ii), by striking ``physician'' and inserting \n ``physician (or, to the extent permitted under the law of the \n State in which the services are furnished, a non-physician \n mental health professional)''.\n (2) Section 1861(s)(2)(B) (42 U.S.C. 1395x(s)(2)(B)) is amended by \nstriking ``partial hospitalization'' and inserting ``intensive \ncommunity-based''.\n (3) Section 1861(ff) (42 U.S.C. 1395x(ff)) is amended--\n (A) in the heading, by striking ``Partial Hospitalization'' \n and inserting ``Intensive Community-Based''; and\n (B) in paragraph (1), by striking ``partial \n hospitalization'' and inserting ``intensive community-based''.\n (4) Section 1866(e)(2) (42 U.S.C. 1395cc(e)(2)) is amended by \nstriking ``partial hospitalization'' and inserting ``intensive \ncommunity-based''.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to items and services \nfurnished on or after January 1, 1996.","summary":"Medicare Mental Health Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) include under Medicare coverage inpatient hospital services for up to 60 days during a year when furnished primarily for the diagnosis or treatment of mental illness or substance abuse, (2) require patient payment for services rendered beyond such limit. And (3) make such changes effective on January 1, 1996 . Includes under Medicare coverage the following intensive residential services for up to 120 days in a year: (1) residential detoxification centers, (2) crisis or mental illness residential treatment programs, (3) therapeutic family or group treatment homes. And (4) residential centers for substance abuse treatment. Requires facilities providing such services to be authorized to do so and to meet quality standards imposed by the Secretary of Health and Human Services. Allows additional days to be taken for intensive residential services from the 60 days permitted for inpatient hospital services , requiring at least 15 days to be retained yearly for the latter services. Provides for the determination of payment amounts for intensive residential services. Subjects inpatient hospitalization and intensive residential services to the same deductibles and copayment as inpatient hospital services for physical disorders. Makes mental health case management services available with no copayment and for an unlimited duration for an adult with serious mental illness, a child with a serious emotional disturbance, or an adult or child with a serious substance abuse disorder. Makes day treatment available for up to 180 days annually for children under 19. Allows additional days for day treatment services for such children to be taken from intensive residential services . Authorizes coverage for up to 90 days annually, with a 20 percent copayment requirement, for: (1) partial hospitalization, (2) psychiatric rehabilitation. (3) day treatment for substance abuse and for children under age 19, (4) in-home services, (5) case management. And (6) ambulatory detoxification. Permits non-physician mental health or substance abuse professionals to supervise an individual plan of treatment to the extent permitted under State law. Requires any program furnishing mental health or substance abuse services to be legally authorized under State law or accredited by an organization approved by the Secretary in consultation with the State. Requires such programs to meet standards established by the Secretary for the management of such services.","title":"Medicare Mental Health Improvement Act","text_len":18531,"sum_len":2565} {"bill_id":"105_hr3032","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Construction Subcontractors Payment \nProtection Enhancement Act of 1998''.\n\nSEC. 2. ADDITIONAL RESPONSIBILITIES OF THE ADMINISTRATOR FOR FEDERAL \n PROCUREMENT POLICY.\n\n Section 6(d) of the Office of Federal Procurement Policy Act (41 \nU.S.C. 405(d)) is amended--\n (1) by redesignating paragraphs (9), (10), (11), (12), and \n (13), as paragraphs (10), (11), (12), (13), and (14), \n respectively; and\n (2) by inserting after paragraph (8) the following new \n paragraph:\n ``(9) establishing appropriate Government-wide policies and \n assuring Government-wide implementation through the Federal \n Acquisition Regulation of statutes and policies assuring the \n timely payment of contractors, subcontractors, and suppliers, \n including chapter 39 of title 31, United States Code (commonly \n known as the ``Prompt Payment Act''), the Miller Act (40 U.S.C. \n 270a-270d-1), and section 2091 of the Federal Acquisition \n Streamlining Act of 1994 (Pub. Law 103-355; 108 Stat. 3306);''.\n\nSEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT \n REGULATIONS.\n\n (a) Proposed Regulations.--Proposed revisions to the Government-\nwide Federal Acquisition Regulation to implement the amendments made by \nthis Act shall be published not later than 120 days after the date of \nthe enactment of this Act and provide not less than 60 days for public \ncomment.\n (b) Final Regulations.--Final regulations shall be published not \nless than 180 days after the date of the enactment of this Act and \nshall be effective on the date that is 30 days after the date of \npublication.\n\nSEC. 4. RELATED AMENDMENTS TO THE MILLER ACT.\n\n (a) Improvement of Payment Bond Protection.--Subsection (a)(2) of \nthe first section of the Miller Act (40 U.S.C. 270a(2)) is amended by \nstriking the second, third, and fourth sentences and inserting in lieu \nthereof the following new sentence: ``The amount of the payment bond \nshall be equal to the amount of the performance bond.''.\n (b) Payment Bond Protection for Progress Payments.--Section 2(a) of \nthe Miller Act (40 U.S.C. 270b(a)) is amended in the first sentence by \nstriking ``who has not been paid in full therefor'' and inserting in \nlieu thereof the following: ``(1) who has not been paid in full for a \nprogress payment before the expiration of a period of seven days after \nthe due date of the progress payment, or (2) who has not been paid in \nfull for the labor or material''.\n (c) Extension of Payment Bond Protection to All Subcontractors and \nSuppliers.--Section 2(a) of the Miller Act (40 U.S.C. 270b(a)) is \nfurther amended--\n (1) by striking ``performed by him'' and inserting \n ``performed by the person'';\n (2) by striking ``supplied by him'' and inserting in lieu \n thereof ``supplied by the person''; and\n (3) by striking ``him: Provided, however,'' and all that \n follows through ``within ninety days from'' and inserting in \n lieu thereof ``the person. Any person who institutes such a \n suit shall give notice of such suit to the contractor who \n furnished such payment bond not later than 90 days after''.\n (d) Preservation of Payment Bond Protection.--The first section of \nthe Miller Act (40 U.S.C. 270a) is further amended by adding at the end \nthe following new subsection:\n ``(e) No waiver of any protection afforded to a person by a payment \nbond required by this Act shall be valid unless the waiver is in \nwriting and is made after the date such person may institute a suit \nunder section 2 with respect to such bond.''.\n (e) Modernization of Service of Payment Bond Claims.--Section 2(a) \nof the Miller Act (40 U.S.C. 270b(a)) is further amended in the \nsentence beginning with ``Such notice'' by striking ``by mailing'' and \nall that follows through ``or his residence'' and inserting in lieu \nthereof ``to the contractor at any place the contractor conducts \nbusiness through any delivery service that provides proof of receipt, \nincluding the United States Postal Service, a private express delivery \nservice, or delivery by any form of electronic means,''.\n (f) Elimination of Delays in Payment Bond Protection.--Section 2 of \nthe Miller Act (40 U.S.C. 270b) is further amended--\n (1) in the second paragraph, by inserting ``(b)'' before \n ``Every suit instituted''; and\n (2) by adding at the end the following new subsection:\n ``(c) A suit instituted under this section shall not be dismissed \non the grounds that it was filed before the expiration of a period of \nninety days after the date on which the last of the labor was done or \nperformed or material was furnished or supplied if the person who \ninstituted the suit has received from the contractor who furnished the \nbond a denial in writing that payment is due, in whole or in part.''.\n (g) Discouragement of Frivolous Payment Bond Litigation.--Section 2 \nof the Miller Act is further amended by adding at the end the following \nnew subsection:\n ``(d)(1) A court may award the prevailing party in a suit \ninstituted under this section court costs, attorneys' fees, and \ninterest, if the court determines that such an award is appropriate and \nthat--\n ``(A) the suit is frivolous or a defense that is asserted \n in the suit is groundless; or\n ``(B) such an award is needed to preserve the protections \n of this Act with respect to a small claim, in an amount not \n exceeding the simplified acquisition threshold (as defined in \n section 4(11) of the Office of Federal Procurement Policy Act; \n 41 U.S.C. 403(11)).''.\n ``(2) Interest awarded under this subsection shall be calculated \nfor the period beginning on the date the claim is made and ending on \nthe date of payment, using the interest rates applicable to late \npayment interest penalties pursuant to section 3902 of title 31, United \nStates Code (commonly referred to as the ``Prompt Payment Act'').''.\n (h) Accountability of Contracting Officers.--The first section of \nthe Miller Act (40 U.S.C. 270a) is further amended by adding at the end \nthe following new subsection:\n ``(f)(1) The contracting officer for a contract shall be \nresponsible for--\n ``(A) obtaining from the contractor the payment bond \n required under subsection (a); and\n ``(B) ensuring that the payment bond remains in effect \n during the administration of the contract.\n ``(2) In any case in which a person brings suit pursuant to section \n2 and the court determines that the required payment bond is not in \neffect because the contracting officer has failed to perform the \nresponsibilities required by paragraph (1), upon petition of the person \nwho brought the suit the court may authorize such person to bring suit \nagainst the United States for the amount that the person would have \nsued for under section 2.''.","summary":"Construction Subcontractors Payment Protection Enhancement Act of 1998 - Amends the Office of Federal Procurement Policy Act to provide for the establishment of policies assuring the timely payment of contractors, subcontractors, and suppliers. Amends the Miller Act to revise provisions concerning payment bonds.","title":"Construction Subcontractors Payment Protection Enhancement Act of 1998","text_len":7101,"sum_len":313} {"bill_id":"111_hr4512","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Country-of-Origin Labeling for Fuels \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Country-of-origin information.--The term ``country-of-\n origin information'' means information regarding each country \n in which motor vehicle fuel or the components of such fuel were \n extracted, refined, or otherwise processed.\n (2) Motor vehicle fuel.--The term ``motor vehicle fuel''--\n (A) means any fuel used to power an automobile, as \n defined in section 32901(3) of title 49, United States \n Code; and\n (B) includes alternative fuels, as defined in \n section 32901(1) of such title, other than electricity \n (including electricity from solar energy).\n (3) Motor vehicle fuel retailer.--The term ``motor vehicle \n fuel retailer'' means a person in the motor vehicle fuel supply \n chain who sells motor vehicle fuel to the general public for \n ultimate consumption.\n (4) Motor vehicle fuel supplier.--The term ``motor vehicle \n fuel supplier'' means a person in the motor vehicle fuel supply \n chain other than a motor vehicle fuel retailer.\n\nSEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR \n VEHICLE FUEL.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of Energy, in consultation with \nthe Administrator of the Environmental Protection Agency, shall--\n (1) conduct a study to determine appropriate methods and \n standards for requiring that--\n (A) motor vehicle fuel suppliers disclose country-\n of-origin information with respect to motor vehicle \n fuel to the next person in the motor vehicle fuel \n supply chain; and\n (B) motor vehicle retailers disclose such \n information to consumers; and\n (2) make recommendations with respect to the most feasible \n and cost-effective country-of-origin information disclosure \n requirements that can be imposed on motor vehicle fuel \n suppliers and motor vehicle fuel retailers.\n (b) Elements of Study.--The study required by subsection (a) shall \naddress the following:\n (1) The extent to which persons at each step in the motor \n vehicle fuel supply chain have access to country-of-origin \n information regarding the fuel they sell, and the nature of any \n such information.\n (2) An assessment of whether such information is adequate--\n (A) to enable a motor vehicle fuel supplier to \n provide country-of-origin information to the next \n person in the supply chain; and\n (B) to enable a motor vehicle fuel retailer to \n provide country-of-origin information to consumers, by \n displaying that information at fuel pumps or on a \n website.\n (3) If the Secretary determines under paragraph (2) that \n such information is inadequate to enable motor vehicle fuel \n suppliers or motor vehicle fuel retailers to provide country-\n of-origin information, measures that can be taken to collect \n adequate information--\n (A) by the Secretary; and\n (B) by motor vehicle fuel suppliers and motor \n vehicle fuel retailers.\n (4) The feasibility of various country-of-origin \n information disclosure requirements, including--\n (A) displaying at each fuel pump the precise \n country or countries in which the fuel being dispensed \n to each consumer originated; and\n (B) displaying at each motor vehicle fuel retailer \n or on the website of each motor vehicle fuel supplier \n or motor vehicle fuel retailer the country or countries \n from which the fuel the supplier or retailer (as the \n case may be) sells generally originates.\n (5) Such other issues relating to motor vehicle fuel \n country-of-origin information disclosure requirements as the \n Secretary considers appropriate.\n (c) Report to Congress.--Not later than 90 days after completing \nthe study required by subsection (a), the Secretary shall submit to \nCongress a report that--\n (1) summarizes the results of the study; and\n (2) contains the recommendations required by subsection \n (a)(2).\n\nSEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE.\n\n (a) In General.--Not later than 180 days after submitting the \nreport required by section 3(c), the Secretary of Energy, in \nconsultation with the Administrator of the Environmental Protection \nAgency, shall prescribe regulations requiring disclosure of country-of-\norigin information by motor vehicle fuel suppliers and motor vehicle \nfuel retailers in accordance with the Secretary's recommendations in \nthe report.\n (b) 70 Percent Threshold.--The regulations required by subsection \n(a) shall not require the listing of more than one country-of-origin \nfor a fuel blend containing fuel 70 percent or more of which originated \nin a single country.\n\nSEC. 5. ENFORCEMENT.\n\n (a) In General.--Subject to subsection (b), the Secretary of Energy \nmay impose a civil penalty of not more than $10,000 on a person that \nthe Secretary determines, in accordance with section 554 of title 5, \nUnited States Code, knowingly violates the regulations prescribed under \nsection 4.\n (b) Requirements With Respect to Imposition of Penalty.--\n (1) Notice.--The Secretary of Energy may not impose a \n penalty upon a person for violating the regulations prescribed \n under section 4 unless--\n (A) the Secretary provides the person with notice \n of the violation; and\n (B) the violation continues for more than 30 days \n after the date on which the person received notice \n under subparagraph (A).\n (2) Determination of amount of penalty.--In determining the \n amount of the penalty to be imposed on a person for violating \n the regulations prescribed under section 4, the Secretary shall \n consider the severity of the violation, the size of the \n person's business, and the effect of the penalty on the \n person's ability to continue in business.","summary":"Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed. And (2) motor vehicle retailers to disclose this information to consumers. Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70 or more of which originated in a single country. Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations.","title":"To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes.","text_len":6697,"sum_len":982} {"bill_id":"115_hr6360","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Permit Reassurances Enabling Direct \nImprovements for Conservation, Tenants, and Species Act of 2018'' or \nthe ``PREDICTS Act of 2018''.\n\nSEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS.\n\n (a) Definitions.--Section 3 of the Endangered Species Act of 1973 \n(16 U.S.C. 1532) is amended as follows:\n (1) By inserting after paragraph (1) the following:\n ``(_) Changed circumstances.--The term `changed \n circumstances'--\n ``(A) means changes in circumstances affecting a \n species or geographic area covered by a covered plan or \n agreement that can reasonably be anticipated by \n developers of such plan or agreement, respectively, and \n the Secretary, and that can reasonably be planned for; \n and\n ``(B) includes--\n ``(i) additions of species to lists \n published under section 4(c); and\n ``(ii) a fire or other natural catastrophic \n event in an area prone to such an event.''.\n (2) By inserting after paragraph (3) the following:\n ``(_) Covered plan or agreement.--The term `covered plan or \n agreement' means a conservation plan required under section \n 10(a)(2)(A) or a candidate conservation agreement with \n assurances under section 10(k), respectively.''.\n (3) By inserting after paragraph (5) the following:\n ``(_) Conserved habitat areas.--The term `conserved habitat \n areas' means areas explicitly designated for habitat \n restoration, acquisition, protection, or other conservation \n purposes under a covered plan or agreement.''.\n (4) By inserting after paragraph (13) the following:\n ``(_) Operating conservation program.--The term `operating \n conservation program' means those conservation management \n activities that are expressly described in a covered plan or \n agreement and that are to be undertaken for the affected \n species when implementing the plan or agreement, respectively, \n including measures to respond to changed circumstances.''.\n (5) By inserting after paragraph (24) the following:\n ``(_) Unforeseen circumstances.--The term `unforeseen \n circumstances' means changes in circumstances affecting a \n species or geographic area covered by a covered plan or \n agreement that could not reasonably have been anticipated by \n plan developers and the Secretary at the time of the \n development of such plan or agreement, respectively, and that \n result in a substantial and adverse change in the status of the \n covered species.''.\n (6) By redesignating the paragraphs of such section as \n paragraphs (1) through (25), respectively.\n (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. \n1536(n)) is amended by striking ``section 3(13)'' and inserting \n``section 3(16)''.\n (c) Assurances Governing Permit, Plan, Candidate Conservation \nAgreement With Assurances, and Safe Harbor Agreement Issuance, \nModification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539) \nis amended as follows:\n (1) Subsection (a)(2)(B) is amended in the matter following \n clause (v) by adding at the end the following: ``In addition, \n each permit issued under paragraph (1)(B), each candidate \n conservation agreement with assurances entered into under \n subsection (k), and each safe harbor agreement entered into \n under subsection (l) shall contain the assurances governing \n permit revocation, changed circumstances, and unforeseen \n circumstances set forth in subparagraph (2)(C) and paragraph \n (3) of this subsection.''.\n (2) Subsection (a)(2)(C) is amended by inserting ``(i)'' \n before the text, and by adding at the end the following:\n ``(ii) The Secretary may not revoke a permit issued under paragraph \n(1)(B) other than as required in clause (i), and may not terminate any \ncandidate conservation agreement with assurances under subsection (k) \nor safe harbor agreement entered into under subsection (l), unless the \nSecretary finds that--\n ``(I) continuation of the permitted activity or activity \n authorized under such an agreement, respectively, would be \n inconsistent with any of the criteria set forth in subparagraph \n (B); and\n ``(II) the inconsistency has not been remedied in a timely \n fashion.''.\n (3) Subsection (a) is amended by adding at the end the \n following:\n ``(3) Each permit issued by the Secretary under paragraph (1)(B), \neach candidate conservation agreement with assurances entered into \nunder subsection (k), and each safe harbor agreement entered into under \nsubsection (l) shall be subject to the following assurances addressing \nchanged circumstances and unforeseen circumstances:\n ``(A) If additional conservation and mitigation measures \n are deemed necessary to respond to changed circumstances and \n are specified in the operating conservation program of the \n conservation plan for the permit or in such agreement, \n respectively, the permittee shall implement such measures.\n ``(B) If additional conservation and mitigation measures \n are deemed necessary to respond to changed circumstances and \n are not specified in the operating conservation program of the \n conservation plan for the permit or in such agreement, \n respectively, the Secretary may not require any conservation \n and mitigation measures in addition to those specified in the \n plan or agreement, respectively, without the consent of the \n permittee.\n ``(C)(i) In negotiating unforeseen circumstances, the \n Secretary may not require the commitment of additional land, \n water, or financial compensation or additional restrictions on \n the use of land, water, or other natural resources beyond the \n level otherwise agreed upon for the species covered by the \n conservation plan or by such agreement, respectively, without \n the consent of the permittee.\n ``(ii) If additional conservation and mitigation measures \n are deemed necessary to respond to unforeseen circumstances, \n the Secretary may require additional measures of the permittee \n where the conservation plan or agreement, respectively, is \n being properly implemented, but only if such measures--\n ``(I) are limited to modifications within conserved \n habitat areas, if any, or to the conservation plan's or \n agreement's operating conservation program for the \n affected species;\n ``(II) maintain the original terms and structures \n of the conservation plan or agreement to the maximum \n extent possible; and\n ``(III) will not involve the commitment of \n additional land, water, or financial compensation or \n additional restrictions on the use of land, water, or \n other natural resources otherwise available for \n development or use under the original terms of the \n conservation plan or agreement, without the consent of \n the permittee.\n ``(iii) The Secretary shall have the burden of \n demonstrating that unforeseen circumstances exist, using the \n best scientific and commercial data available. The Secretary \n shall clearly document any finding that unforeseen \n circumstances exist, and shall base such finding on reliable \n technical information regarding the status and habitat \n requirements of the affected species. In making such finding, \n the Secretary will consider, among other matters, the following \n factors:\n ``(I) The size of the current range of the affected \n species.\n ``(II) The percentage of such range adversely \n affected by the conservation plan or agreement.\n ``(III) The percentage of such range conserved by \n the conservation plan or agreement.\n ``(IV) The ecological significance of that portion \n of the range affected by the conservation plan or \n agreement.\n ``(V) The level of knowledge about the affected \n species and the degree of specificity of the species' \n conservation program under the conservation plan or \n agreement.\n ``(VI) Whether failure to adopt additional \n conservation measures would appreciably reduce the \n likelihood of survival and recovery of the affected \n species in the wild.\n ``(iv) The Secretary shall--\n ``(I) present a record of the analyses of the \n status of unforeseen circumstances to the permittee \n before requiring any additional conservation or \n mitigation measures of the permittee or agreement party \n under clause (ii); and\n ``(II) include in the record a qualitative and \n quantitative analysis of each of the factors specified \n in subclauses (I) through (VI) of clause (iii).''.\n\nSEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.\n\n (a) Permits.--Section 10(a)(1) of the Endangered Species Act of \n1973 (16 U.S.C. 1539(a)(1)) is amended--\n (1) by striking ``or'' at the end of subparagraph (A);\n (2) by striking the period at the end of subparagraph (B) \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(C) any taking incidental to, and not the purpose \n of, the carrying out of an otherwise lawful activity \n pursuant to a candidate conservation agreement with \n assurances entered into under subsection (k) or a safe \n harbor agreement entered into under subsection (l).''.\n (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended \nby adding at the end the following:\n ``(k) Candidate Conservation Agreements.--\n ``(1) In general.--At the request of any non-Federal \n person, the Secretary may enter into a candidate conservation \n agreement with assurances with the person for a species that \n has been proposed for listing under section 4(c)(1), is a \n candidate species, or is likely to be considered for listing in \n the near future on areas where the person has a fee simple, \n leasehold, or other property interest (including water or other \n natural resources) sufficient to carry out the proposed \n management activities, including on lands or waters under \n Federal ownership or control.\n ``(2) Review by the secretary.--\n ``(A) Submission to the secretary.--A non-Federal \n person may submit a candidate conservation agreement \n with assurances developed under paragraph (1) to the \n Secretary for review at any time prior to the listing \n described in section 4(c)(1) of a species that is the \n subject of the agreement.\n ``(B) Criteria for approval.--The Secretary may \n approve an agreement and issue a permit under \n subsection (a)(1)(C) for the agreement if, after notice \n and opportunity for public comment, the Secretary finds \n that--\n ``(i) for species proposed for listing, \n candidates for listing, or are likely to be \n considered for listing in the near future, that \n are included in the agreement, the actions \n taken under the agreement, would provide a \n beneficial contribution to the conservation of \n the species or its habitat during the duration \n of the agreement;\n ``(ii) the actions taken under the \n agreement will not appreciably reduce the \n likelihood of survival and recovery of an \n endangered species or a threatened species; and\n ``(iii) the agreement includes such \n monitoring and reporting requirements as \n reasonably necessary for determining whether \n the terms and conditions of the agreement are \n being complied with.\n ``(3) Effective date of permit.--A permit issued under \n subsection (a)(1)(C) shall take effect at the time the species \n is listed pursuant to section 4(c), if the permittee is in full \n compliance with the terms and conditions of the agreement.\n ``(4) Assurances.--A person who has entered into a \n candidate conservation agreement under this subsection, and is \n in compliance with the agreement, may not be required to \n undertake any additional measures for species covered by such \n agreement if the measures would require the payment of \n additional money, or the adoption of additional use, \n development, or management restrictions on any land, waters, or \n water-related rights that would otherwise be available under \n the terms of the agreement without the consent of the person \n entering into the agreement. The Secretary and the person \n entering into a candidate conservation agreement, by the terms \n of the agreement, shall identify--\n ``(A) other modifications to the agreement; or\n ``(B) other additional measures;\n if any, that the Secretary may require under extraordinary \n circumstances.''.\n\nSEC. 4. SAFE HARBOR AGREEMENTS.\n\n Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) \n(as amended by section 3) is further amended by adding at the end the \nfollowing:\n ``(l) Safe Harbor Agreements.--\n ``(1) Agreements.--\n ``(A) In general.--The Secretary may enter into \n agreements with non-Federal persons to benefit the \n conservation of endangered species or threatened \n species by creating, restoring, or improving areas as \n habitat or by maintaining currently unoccupied habitat \n for endangered species or threatened species. Under an \n agreement, the Secretary shall permit the person to \n take endangered species or threatened species included \n under the agreement on lands or waters that are subject \n to the agreement if the taking is incidental to, and \n not the purpose of, carrying out of an otherwise lawful \n activity, except that the Secretary may not permit \n through an agreement any incidental taking below the \n baseline requirement specified pursuant to subparagraph \n (B).\n ``(B) Baseline.--For each agreement under this \n subsection, the Secretary shall establish a baseline \n requirement that is mutually agreed on by the applicant \n and the Secretary at the time of the agreement that \n will, at a minimum, maintain existing conditions for \n the species covered by the agreement on lands and \n waters that are subject to the agreement. The baseline \n may be expressed in terms of the abundance or \n distribution of endangered or threatened species, \n quantity or quality of habitat, or such other \n indicators as appropriate.\n ``(2) Criteria for approval.--The Secretary may approve an \n agreement and issue a permit under subsection (a)(1)(C) for the \n agreement if, after notice and opportunity for public comment, \n the Secretary finds that--\n ``(A) the implementation of the terms of the \n agreement is reasonably expected to provide a \n beneficial contribution to the recovery of the species \n during the duration of the agreement;\n ``(B) the take will be incidental to an otherwise \n lawful activity and will be in accordance with the \n terms of the agreement;\n ``(C) the actions taken under the agreement will \n not appreciably reduce the likelihood of survival and \n recovery of an endangered species or threatened \n species; and\n ``(D) the agreement includes such monitoring and \n reporting requirements as reasonably necessary for \n determining whether the terms and conditions of the \n agreement are being complied with.\n ``(3) Effective date of the permit.--A permit issued under \n subsection (a)(1)(C) shall take effect on the day of issuance \n for species covered by the agreement.''.\n\nSEC. 5. FINANCIAL ASSISTANCE.\n\n Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) \n(as amended by section (4)) is further amended by adding at the end the \nfollowing:\n ``(m) Financial Assistance.--\n ``(1) In general.--In cooperation with the States and \n subject to the availability of appropriations, the Secretary \n may provide a grant of up to $10,000 to any individual private \n landowner to assist the landowner in carrying out a candidate \n conservation agreement with assurances or safe harbor agreement \n under this subsection.\n ``(2) Prohibition on assistance for required activities.--\n The Secretary may not provide assistance under this paragraph \n for any action that is required by a permit, candidate \n conservation agreement with assurances, or safe harbor \n agreement under this Act or that is otherwise required under \n this Act or other Federal law.\n ``(3) Other payments.--A grant provided to an individual \n private landowner under this paragraph shall be in addition to, \n and not affect, the total amount of payments that the landowner \n is otherwise eligible to receive under Federal law.''.","summary":"Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species. Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements.","title":"Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018","text_len":19119,"sum_len":1626} {"bill_id":"108_hr332","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Reconstruction Study Area \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Reconstruction Era, during which Congress adopted \n the 13th amendment ending slavery, the 14th amendment \n guaranteeing civil rights, and the 15th amendment guaranteeing \n voting rights to all citizens of the United States, saw the \n occurrence of a transforming series of events in the history of \n the United States.\n (2) Beaufort, South Carolina, and the surrounding sea \n islands--\n (A) contain significant historical and \n archaeological sites associated with the Reconstruction \n Era; and\n (B) offer a unique opportunity for preserving and \n interpreting the Reconstruction Era.\n (3) The first African-Americans to hear the reading of \n Abraham Lincoln's Emancipation Proclamation assembled on \n January 1, 1863, at the Old Fort Plantation on the Beaufort \n River in the State of South Carolina.\n (4) The Penn School, a national historic landmark located \n on St. Helena Island, South Carolina--\n (A) was the first educational experiment of the \n Reconstruction Era and the eventual end of chattel \n slavery; and\n (B) remains 1 of the most significant African-\n American cultural and educational institutions in the \n United States.\n (5) The Freedmen's Bureau, located in the restored Beaufort \n College, served as the chief policy arm of the Federal \n Government for matters related to emancipated slaves during the \n Reconstruction Era.\n (6) Beaufort County, South Carolina, and the surrounding \n sea islands have many other noteworthy historic buildings and \n archaeological sites, including--\n (A) buildings and sites associated with Robert \n Smalls, a former slave who--\n (i) became a hero to the Union cause when \n he and several slaves seized control of the \n armed Confederate ship on which they served and \n then turned the ship over to the Union navy; \n and\n (ii) represented the State of South \n Carolina in the House of Representatives during \n the Reconstruction Era;\n (B) the first Freedmen's Village of Mitchellville \n on Hilton Head Island, South Carolina;\n (C) Camp Sexton, the site of the first African-\n American regiment mustered in the United States Army; \n and\n (D) Penn School and Beaufort College.\n (7) The National Park System does not have a park or \n historic site that focuses primarily on the preservation and \n interpretation of the Reconstruction Era.\n (8) The Reconstruction Era was a period of deep cultural, \n political, and economic division in the United States, and it \n is necessary to better understand this complex period of \n history and the continuing impact of this period on the United \n States.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Director of the National \n Park Service.\n (2) Study area.--\n (A) In general.--The term ``study area'' means the \n area comprised of historical sites in the historic \n district of Beaufort, South Carolina, relating to the \n Reconstruction Era.\n (B) Inclusions.--The term ``study area'' includes \n the following:\n (i) The Penn School.\n (ii) The Old Fort Plantation on the \n Beaufort River.\n (iii) The Freedmen's Bureau in Beaufort \n College.\n (iv) The First Freedmen's Village of \n Mitchellville on Hilton Head Island.\n (v) Various historic buildings and \n archaeological sites associated with Robert \n Smalls.\n (vi) The Beaufort Arsenal.\n (vii) other significant sites relating to \n the Reconstruction Era.\n\nSEC. 4. STUDY.\n\n (a) In General.--The Secretary shall complete a study of the study \narea to assess the suitability and feasibility of designating the study \narea as a unit of the National Park System.\n (b) Applicable Law.--The study required under subsection (a) shall \nbe conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et \nseq.).\n\nSEC. 5. REPORT.\n\n As soon as practicable after the study under section 4 is \ncompleted, the Secretary shall submit to the Committee on Resources of \nthe House of Representatives and the Committee on Energy and Natural \nResources of the Senate a report that describes the findings of the \nstudy and any conclusions and recommendations of the Secretary.","summary":"National Reconstruction Study Area Act - Directs the Secretary of the Interior to study and report on the suitability and feasibility of designating an area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era as a unit of the National Park System.","title":"To direct the Secretary of the Interior to study certain sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era to assess the suitability and feasibility of designating the study area as a unit of the National Park System.","text_len":5476,"sum_len":314} {"bill_id":"114_s3014","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tribal Forestry Participation and \nProtection Act of 2016''.\n\nSEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP \n END RESULT CONTRACTING AND OTHER AUTHORITIES.\n\n (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the \nTribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--\n (1) in paragraph (1), by striking ``Not later than 120 days \n after the date on which an Indian tribe submits to the \n Secretary'' and inserting ``In response to the submission by an \n Indian tribe to the Secretary of''; and\n (2) by adding at the end the following:\n ``(4) Time periods for consideration.--\n ``(A) Initial response.--Not later than 90 days \n after the date on which the Secretary receives a tribal \n request under paragraph (1), the Secretary shall \n provide an initial response to the Indian tribe \n regarding whether the request may meet the selection \n criteria described in subsection (c).\n ``(B) Notice of denial.--A notice under subsection \n (d) of the denial of a tribal request under paragraph \n (1) shall be provided to the Indian tribe by not later \n than 1 year after the date on which the Secretary \n receives the request.\n ``(C) Completion.--Not later than 2 years after the \n date on which the Secretary receives a tribal request \n under paragraph (1), other than a tribal request denied \n under subsection (d), the Secretary shall--\n ``(i) complete all environmental reviews \n necessary in connection with the agreement or \n contract and proposed activities under the \n agreement or contract; and\n ``(ii) enter into the agreement or contract \n with the Indian tribe in accordance with \n paragraph (2).''.\n (b) Conforming and Technical Amendments.--Section 2 of the Tribal \nForest Protection Act of 2004 (25 U.S.C. 3115a) is amended--\n (1) in subsections (b)(1) and (f)(1), by striking ``section \n 347 of the Department of the Interior and Related Agencies \n Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-\n 277) (as amended by section 323 of the Department of the \n Interior and Related Agencies Appropriations Act, 2003 (117 \n Stat. 275))'' each place it appears and inserting ``section 604 \n of the Healthy Forests Restoration Act of 2003 (16 U.S.C. \n 6591c)''; and\n (2) in subsection (d), in the matter preceding paragraph \n (1), by striking ``subsection (b)(1), the Secretary may'' and \n inserting ``paragraphs (1) and (4)(B) of subsection (b), the \n Secretary shall''.\n\nSEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY \n INDIAN TRIBES.\n\n (a) In General.--Section 305 of the National Indian Forest \nResources Management Act (25 U.S.C. 3104) is amended by adding at the \nend the following:\n ``(c) Inclusion of Certain National Forest System Land and Public \nLand.--\n ``(1) Purposes.--The purposes of this subsection are--\n ``(A) to maximize the effective management of \n Federal forest land and to assist in the restoration of \n that land in accordance with the principles of \n sustained yield; and\n ``(B) to reduce insect, disease, or wildfire risk \n to communities, municipal water supplies, and other at-\n risk Federal land by providing for the implementation \n by Indian tribes of forest restoration projects.\n ``(2) Definitions.--In this subsection:\n ``(A) Federal forest land.--\n ``(i) In general.--The term `Federal forest \n land' means--\n ``(I) National Forest System land; \n and\n ``(II) public lands (as defined in \n section 103 of the Federal Land Policy \n and Management Act of 1976 (43 U.S.C. \n 1702)), including--\n ``(aa) Coos Bay Wagon Road \n Grant land reconveyed to the \n United States pursuant to the \n first section of the Act of \n February 26, 1919 (40 Stat. \n 1179, chapter 47); and\n ``(bb) Oregon and \n California Railroad Grant land.\n ``(ii) Exclusions.--The term `Federal \n forest land' does not include--\n ``(I) a component of the National \n Wilderness Preservation System;\n ``(II) a component of the National \n Wild and Scenic Rivers System;\n ``(III) a congressionally \n designated wilderness study area; or\n ``(IV) an inventoried roadless area \n within the National Forest System.\n ``(B) Forest land management activities.--The term \n `forest land management activities' means activities \n performed in the management of Indian forest land \n described in subparagraphs (C), (D), and (E) of section \n 304(4).\n ``(C) Secretary concerned.--The term `Secretary \n concerned' means--\n ``(i) the Secretary of Agriculture, with \n respect to the Federal forest land referred to \n in subparagraph (A)(i)(I); and\n ``(ii) the Secretary of the Interior, with \n respect to the Federal forest land referred to \n in subparagraph (A)(i)(II).\n ``(3) Authority.--\n ``(A) In general.--At the request of an Indian \n tribe, the Secretary concerned may treat Federal forest \n land as Indian forest land for purposes of planning and \n conducting forest land management activities under this \n section if the Federal forest land is located within, \n or mostly within, a geographical area that presents a \n feature or involves circumstances principally relevant \n to that Indian tribe, such as Federal forest land--\n ``(i) ceded to the United States by treaty \n or other agreement with that Indian tribe;\n ``(ii) within the boundaries of a current \n or former reservation of that Indian tribe; or\n ``(iii) adjudicated by the Indian Claims \n Commission or a Federal court to be the tribal \n homeland of that Indian tribe.\n ``(B) Management.--Federal forest land treated as \n Indian forest land for purposes of planning and \n conducting management activities pursuant to \n subparagraph (A) shall--\n ``(i) be managed exclusively under this \n Act; and\n ``(ii) remain under the ownership of the \n Federal agency that owned the Federal forest \n land on the day before the date of enactment of \n this subsection.\n ``(4) Requirements.--As part of an agreement to treat \n Federal forest land as Indian forest land under paragraph (3), \n the Secretary concerned and the Indian tribe making the request \n shall--\n ``(A) provide for continued public access and \n recreation applicable to the Federal forest land as in \n existence prior to the agreement, except that the \n Secretary concerned may limit or prohibit that access \n only for the purpose of--\n ``(i) protecting human safety; or\n ``(ii) preventing harm to natural \n resources;\n ``(B) continue sharing revenue generated by the \n Federal forest land with State and local governments on \n the terms applicable to the Federal forest land prior \n to the agreement, including, as applicable--\n ``(i) 25-percent payments under the Secure \n Rural Schools and Community Self-Determination \n Act of 2000 (16 U.S.C. 7101 et seq.); or\n ``(ii) 50-percent payments under the Act of \n August 28, 1937 (43 U.S.C. 1181a et seq.);\n ``(C) comply with applicable prohibitions on the \n export of unprocessed logs harvested from the Federal \n forest land;\n ``(D) recognize all right-of-way agreements in \n place on Federal forest land as in existence prior to \n the commencement of tribal management activities;\n ``(E) ensure that any county road within the \n Federal forest land as in existence prior to the \n agreement is not adversely impacted; and\n ``(F) ensure that all commercial timber removed \n from the Federal forest land is sold on a competitive \n bid basis.\n ``(5) Prompt consideration of tribal requests.--Not later \n than 180 days after the date on which the Secretary receives a \n request from an Indian tribe under paragraph (3)(A), the \n Secretary shall--\n ``(A) approve or deny the request; and\n ``(B) if the Secretary approves the request, begin \n exercising the authority under that paragraph.\n ``(6) Consultation.--To the extent consistent with the laws \n governing the administration of public lands (as defined in \n section 103 of the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1702)), the Secretary concerned shall consult \n with each State and unit of local government within which \n Federal forest land is located--\n ``(A) before entering into an agreement to treat \n the Federal forest land as Indian forest land under \n paragraph (3); and\n ``(B) with respect to an agreement described in \n subparagraph (A), in planning and conducting forest \n land management activities under this section.\n ``(7) Forest management plans.--All forest land management \n activities under this subsection on National Forest System land \n shall be consistent with the applicable forest plan.\n ``(8) Limitations.--The treatment of Federal forest land as \n Indian forest land for purposes of planning and conducting \n management activities pursuant to paragraph (3)--\n ``(A) shall not be considered to designate the \n Federal forest land as Indian forest land for any other \n purpose; and\n ``(B) shall be in accordance with all relevant \n Federal laws applicable to Federal forest land, \n including--\n ``(i) the National Environmental Policy Act \n of 1969 (42 U.S.C. 4321 et seq.);\n ``(ii) the Endangered Species Act of 1973 \n (16 U.S.C. 1531 et seq.);\n ``(iii) the Federal Water Pollution Control \n Act (33 U.S.C. 1251 et seq.); and\n ``(iv) the Clean Air Act (42 U.S.C. 7401 et \n seq.).\n ``(9) Applicability of nepa.--The execution of, but not the \n decision to enter into, an agreement to treat Federal forest \n land as Indian forest land under paragraph (3) shall constitute \n a Federal action for purposes of the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n ``(10) Termination of authority.--The authority provided by \n this subsection terminates on the date that is 10 years after \n the date of enactment of this subsection.''.\n (b) Effect.--Nothing in this section or an amendment made by this \nsection--\n (1) prohibits, restricts, or otherwise adversely affects \n any permit, lease, or similar agreement in effect on or after \n the date of enactment of this Act for the use of Federal land \n for the purpose of recreation, utilities, logging, mining, oil, \n gas, grazing, water rights, or any other purpose;\n (2) negatively impacts private land; or\n (3) prohibits, restricts, or otherwise adversely affects \n the authority, jurisdiction, or responsibility of a State to \n manage, control, or regulate under State law fish and wildlife \n on land or in water in the State, including on Federal public \n land.\n\nSEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.\n\n The Secretary of the Interior and the Secretary of Agriculture may \ncarry out demonstration projects pursuant to which federally recognized \nIndian tribes or tribal organizations may enter into contracts to carry \nout administrative, management, and other functions under the Tribal \nForest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through \ncontracts entered into under the Indian Self-Determination and \nEducation Assistance Act (25 U.S.C. 450 et seq.).\n\nSEC. 5. FUNDING.\n\n The Secretary of the Interior and the Secretary of Agriculture \nshall use to carry out this Act and amendments made by this Act such \namounts as are necessary from other amounts available to the Secretary \nof the Interior or the Secretary of Agriculture, respectively, that are \nnot otherwise obligated.","summary":"Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 andnbsp. The National Indian Forest Resources Management Act to establish: a timeframenbsp. For consideration of tribal requests to protect Indian forest land or rangeland, a tribal forest management demonstration project. And pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes ofnbsp, specified land management activities.","title":"Tribal Forestry Participation and Protection Act of 2016","text_len":14906,"sum_len":559} {"bill_id":"103_s808","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Volunteer Protection Act of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds and declares that--\n (1) within certain States, the willingness of volunteers to \n offer their services has been increasingly deterred by a \n perception that they thereby put personal assets at risk in the \n event of liability actions against the organization they serve;\n (2) as a result of this perception, many nonprofit public \n and private organizations and governmental entities, including \n voluntary associations, social service agencies, educational \n institutions, local governments, foundations, and other civic \n programs, have been adversely affected through the withdrawal \n of volunteers from boards of directors and service in other \n capacities;\n (3) the contribution of these programs to their communities \n is thereby diminished, resulting in fewer and higher cost \n programs than would be obtainable if volunteers were \n participating; and\n (4) because Federal funds are expended on useful and cost \n effective social service programs which depend heavily on \n volunteer participation, protection of voluntarism through \n clarification and limitation of the personal liability risks \n assumed by the volunteer in connection with such participation \n is an appropriate subject for Federal encouragement of State \n reform.\n (b) Purpose.--It is the purpose of this Act to--\n (1) promote the interests of social service program \n beneficiaries and taxpayers; and\n (2) sustain the availability of programs and nonprofit \n organizations and governmental entities which depend on \n volunteer contributions\nby encouraging reasonable reform of State laws to provide protection \nfrom personal financial liability to volunteers serving with nonprofit \norganizations and governmental entities for actions undertaken in good \nfaith on behalf of such organizations.\n\nSEC. 3. NO PREEMPTION OF STATE TORT LAW.\n\n Nothing in this Act shall be construed to preempt the laws of any \nState governing tort liability actions.\n\nSEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR \n VOLUNTEERS.\n\n An allotment may be increased for a State under the provisions of \nsection 5, if the State statute referred to under subsection (a) of \nsuch section includes the following provisions:\n (1) Except as provided in paragraphs (2) and (4), any \n volunteer of a nonprofit organization or governmental entity \n shall incur no personal financial liability for any tort claim \n alleging damage or injury from any act or omission of the \n volunteer on behalf of the organization or entity if--\n (A) such individual was acting in good faith and \n within the scope of such individual's official \n functions and duties with the organization or entity; \n and\n (B) such damage or injury was not caused by willful \n and wanton misconduct by such individual.\n (2) Nothing in this section shall be construed to affect \n any civil action brought by any nonprofit organization or any \n governmental entity against any volunteer of such organization \n or entity.\n (3) Nothing in this section shall be construed to affect \n the liability of any nonprofit organization or governmental \n entity with respect to injury caused to any person.\n (4) The following conditions on, and exceptions to, the \n granting of liability may be imposed for protection to any \n volunteer of an organization or entity required under paragraph \n (1):\n (A) The organization or entity shall adhere to risk \n management procedures, including mandatory training of \n volunteers.\n (B) The organization or entity shall be liable for \n the acts or omissions of its volunteers to the same \n extent as an employer is liable, under the laws of the \n State, for the acts or omissions of its employees.\n (C) The protection from liability shall not apply \n if the volunteer was operating a motor vehicle or was \n operating a vessel, aircraft, or other vehicle for \n which a pilot's license is required.\n (D) The protection from liability shall not apply \n in the case of a suit brought by an appropriate officer \n of a State or local government to enforce a Federal, \n State, or local law.\n (E) The protection from liability shall apply only \n if the organization or entity provides a financially \n secure source of recovery for individuals who suffer \n injury as a result of actions taken by a volunteer on \n behalf of the organization or entity. A financially \n secure source of recovery may be an insurance policy \n within specified limits, comparable coverage from a \n risk pooling mechanism, equivalent assets, or \n alternative arrangements that satisfy the State that \n the entity will be able to pay for losses up to a \n specified amount. Separate standards for different \n types of liability exposure may be specified.\n\nSEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES \n BLOCK GRANT ALLOTMENTS.\n\n (a) Certification and Block Grant Allotments.--In the case of any \nState which certifies, not later than 2 years after the date of the \nenactment of this Act, to the Secretary of Health and Human Services \nthat it has enacted, adopted, or otherwise has in effect State law \nwhich substantially complies with section 4, the Secretary shall \nincrease by 1 percent the fiscal year allotment which would otherwise \nbe made to such State to carry out the Social Services Block Grant \nProgram under title XX of the Social Security Act.\n (b) Continuation of Increase.--Any increase made under subsection \n(a) in an allotment to a State shall remain in effect only if the State \nmakes a certification to the Secretary of Health and Human Services, \nnot later than the end of each 1-year period occurring successively \nafter the end of the 2-year period described in subsection (a), that it \nhas in effect State law which substantially complies with section 4(a).\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``volunteer'' means an individual performing \n services for a nonprofit organization or a governmental entity \n who does not receive compensation, or any other thing of value \n in lieu of compensation, for such services (other than \n reimbursement for expenses actually incurred or honoraria not \n to exceed $300 per year for government service), and such term \n includes a volunteer serving as a director, officer, trustee, \n or direct service volunteer;\n (2) the term ``nonprofit organization'' means any \n organization described in section 501(c) of the Internal \n Revenue Code of 1986 and exempt from tax under section 501(a) \n of such Code;\n (3) the term ``damage or injury'' includes physical, \n nonphysical, economic, and noneconomic damage; and\n (4) the term ``State'' means each of the several States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n Virgin Islands, Guam, American Samoa, the Northern Mariana \n Islands, any other territory or possession of the United \n States, or any political subdivision of any such State, \n territory, or possession.","summary":"Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.","title":"Volunteer Protection Act of 1993","text_len":8104,"sum_len":786} {"bill_id":"115_hr5089","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Local Transportation \nSecurity Capabilities Act of 2018''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Public and private sector stakeholders.--The term \n ``public and private sector stakeholders'' has the meaning \n given such term in section 114(u)(1)(C) of title 49, United \n States Code.\n (2) Surface transportation asset.--The term ``surface \n transportation asset'' includes facilities, equipment, or \n systems used to provide transportation services by--\n (A) a public transportation agency (as such term is \n defined in section 1402(5) of the Implementing \n Recommendations of the 9\/11 Commission Act of 2007 \n (Public Law 110-53; 6 U.S.C. 1131(5)));\n (B) a railroad carrier (as such term is defined in \n section 20102(3) of title 49, United States Code);\n (C) an owner or operator of--\n (i) an entity offering scheduled, fixed-\n route transportation services by over-the-road \n bus (as such term is defined in section 1501(4) \n of the Implementing Recommendations of the 9\/11 \n Commission Act of 2007 (Public Law 110-53; 6 \n U.S.C. 1151(4))); or\n (ii) a bus terminal; or\n (D) other transportation facilities, equipment, or \n systems, as determined by the Secretary.\n (3) Transportation facility.--The term ``transportation \n facility'' means a bus terminal, intercity or commuter \n passenger rail station, airport, multi-modal transportation \n center, or other transportation facility, as determined by the \n Secretary of Homeland Security.\n\nSEC. 3. THREAT INFORMATION SHARING.\n\n (a) Prioritization.--The Secretary of Homeland Security shall \nprioritize the assignment of officers and intelligence analysts under \nsection 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from \nthe Transportation Security Administration and, as appropriate, from \nthe Office of Intelligence and Analysis of the Department of Homeland \nSecurity, to locations with participating State, local, and regional \nfusion centers in jurisdictions with a high-risk surface transportation \nasset in order to enhance the security of such assets, including by \nimproving timely sharing of classified information regarding terrorist \nand other threats.\n (b) Intelligence Products.--Officers and intelligence analysts \nassigned to locations with participating State, local, and regional \nfusion centers under this section shall participate in the generation \nand dissemination of transportation security intelligence products, \nwith an emphasis on terrorist and other threats to surface \ntransportation assets that--\n (1) assist State, local, and tribal law enforcement \n agencies in deploying their resources, including personnel, \n most efficiently to help detect, prevent, investigate, \n apprehend, and respond to terrorist and other threats;\n (2) promote more consistent and timely sharing of threat \n information among jurisdictions; and\n (3) enhance the Department of Homeland Security's \n situational awareness of such terrorist and other threats.\n (c) Clearances.--The Secretary of Homeland Security shall make \navailable to appropriate owners and operators of surface transportation \nassets, and any other person that the Secretary determines appropriate \nto foster greater sharing of classified information relating to \nterrorist and other threats to surface transportation assets, the \nprocess of application for security clearances under Executive Order \nNo. 13549 (75 Fed. Reg. 162; relating to a classified national security \ninformation program) or any successor Executive order.\n\nSEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS.\n\n (a) Framework.--Not later than 120 days after the date of the \nenactment of this Act, the Administrator of the Transportation Security \nAdministration, in consultation with the heads of other appropriate \noffices or components of the Department of Homeland Security, shall \nmake available to public and private sector stakeholders a framework \nfor establishing an integrated and unified operations center \nresponsible for overseeing daily operations of a transportation \nfacility that promotes coordination for responses to terrorism, serious \nincidents, and other purposes, as determined appropriate by the \nAdministrator.\n (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Administrator of the Transportation Security \nAdministration shall report to the Committee on Homeland Security of \nthe House of Representatives and the Committee on Commerce, Science, \nand Transportation of the Senate regarding the establishment and \nactivities of integrated and unified operations centers at \ntransportation facilities at which the Transportation Security \nAdministration has a presence.\n\nSEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING.\n\n (a) In General.--The Secretary of Homeland Security, in \nconsultation with public and private sector stakeholders, may develop, \nthrough the Federal Law Enforcement Training Centers, a training \nprogram to enhance the protection, preparedness, and response \ncapabilities of law enforcement agencies with respect to terrorism and \nother serious incidents at a surface transportation asset.\n (b) Requirements.--If the Secretary of Homeland Security develops \nthe training program described in subsection (a), such training program \nshall--\n (1) be informed by current information regarding terrorist \n tactics;\n (2) include tactical instruction tailored to the diverse \n nature of the surface transportation asset operational \n environment; and\n (3) prioritize training officers from law enforcement \n agencies that are eligible for or receive grants under sections \n 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 \n and 605) and\n\n\n \n\n officers employed by railroad carriers that operate passenger \n service, including interstate passenger service.\n\n Passed the House of Representatives March 22, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Strengthening Local Transportation Security Capabilities Act of 2018 This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A quot, surface transportation assetquot. Includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS. Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources. (2) promote more consistent and timely sharing of threat information among jurisdictions. And (3) enhance DHS's situational awareness of such terrorist and other threats. The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes. And (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence. DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset.","title":"Strengthening Local Transportation Security Capabilities Act of 2018","text_len":6672,"sum_len":2147} {"bill_id":"113_hr4802","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gerardo Hernandez Airport Security \nAct of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary of Homeland Security \n (Transportation Security) of the Department of Homeland \n Security.\n (2) Administration.--The term ``Administration'' means the \n Transportation Security Administration.\n\nSEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.\n\n (a) In General.--The Assistant Secretary shall, in consultation \nwith the Administrator of the Federal Emergency Management Agency, \nconduct outreach to all airports in the United States at which the \nAdministration performs, or oversees the implementation and performance \nof, security measures, and provide technical assistance as necessary, \nto verify such airports have in place individualized working plans for \nresponding to security incidents inside the perimeter of the airport, \nincluding active shooters, acts of terrorism, and incidents that target \npassenger-screening checkpoints.\n (b) Types of Plans.--Such plans may include, but may not be limited \nto, the following:\n (1) A strategy for evacuating and providing care to persons \n inside the perimeter of the airport, with consideration given \n to the needs of persons with disabilities.\n (2) A plan for establishing a unified command, including \n identification of staging areas for non-airport-specific law \n enforcement and fire response.\n (3) A schedule for regular testing of communications \n equipment used to receive emergency calls.\n (4) An evaluation of how emergency calls placed by persons \n inside the perimeter of the airport will reach airport police \n in an expeditious manner.\n (5) A practiced method and plan to communicate with \n travelers and all other persons inside the perimeter of the \n airport.\n (6) To the extent practicable, a projected maximum \n timeframe for law enforcement response.\n (7) A schedule of joint exercises and training to be \n conducted by the airport, the Administration, other \n stakeholders such as airport and airline tenants, and any \n relevant law enforcement, airport police, fire, and medical \n personnel.\n (8) A schedule for producing after-action joint exercise \n reports to identify and determine how to improve security \n incident response capabilities.\n (c) Report to Congress.--Not later than 90 days after the date of \nthe enactment of this Act, the Assistant Secretary shall report to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate on the \nfindings from its outreach to airports under subsection (a), including \nan analysis of the level of preparedness such airports have to respond \nto security incidents, including active shooters, acts of terrorism, \nand incidents that target passenger-screening checkpoints.\n\nSEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.\n\n The Assistant Secretary shall--\n (1) identify best practices that exist across airports for \n security incident planning, management, and training; and\n (2) establish a mechanism through which to share such best \n practices with other airport operators nationwide.\n\nSEC. 5. CERTIFICATION.\n\n Not later than 90 days after the date of enactment of this Act, and \nannually thereafter, the Assistant Secretary shall certify in writing \nto the Committee on Homeland Security of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate that all screening personnel have participated in practical \ntraining exercises for active shooter scenarios.\n\nSEC. 6. REIMBURSABLE AGREEMENTS.\n\n Not later than 90 days after the enactment of this Act, the \nAssistant Secretary shall provide to the Committee on Homeland Security \nof the House of Representatives and the Committee on Commerce, Science, \nand Transportation of the Senate an analysis of how the Administration \ncan use cost savings achieved through efficiencies to increase over the \nnext 5 fiscal years the funding available for checkpoint screening law \nenforcement support reimbursable agreements.\n\nSEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.\n\n No additional funds are authorized to be appropriated to carry out \nthis Act, and this Act shall be carried out using amounts otherwise \navailable for such purpose.\n\nSEC. 8. INTEROPERABILITY REVIEW.\n\n (a) In General.--Not later than 90 days after the date of enactment \nof this Act, the Assistant Secretary shall, in consultation with the \nAssistant Secretary of the Office of Cybersecurity and Communications, \nconduct a review of the interoperable communications capabilities of \nthe law enforcement, fire, and medical personnel responsible for \nresponding to a security incident, including active shooter events, \nacts of terrorism, and incidents that target passenger-screening \ncheckpoints, at all airports in the United States at which the \nAdministration performs, or oversees the implementation and performance \nof, security measures.\n (b) Report.--Not later than 30 days after the completion of the \nreview, the Assistant Secretary shall report the findings of the review \nto the Committee on Homeland Security of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate.\n\n Passed the House of Representatives July 22, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on July 3, 2014. Gerardo Hernandez Airport Security Act of 2014 - Directs the Assistant Secretary of Homeland Security of the Department of Homeland Security (DHS) to: (1) conduct outreach to all US airports at which the Transportation Security Administration (TSA) performs, or oversees the implementation and performance of, security measures. And (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the Assistant Secretary to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. Requires the Assistant Secretary to: (1) identify best practices that exist across airports for security incident planning, management, and training. And (2) establish a mechanism through which to share those best practices with other airport operators nationwide. Requires the Assistant Secretary also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. Requires the Assistant Secretary to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all US airports at which the TSA performs, or oversees the implementation and performance of, security measures.","title":"Gerardo Hernandez Airport Security Act of 2014","text_len":5886,"sum_len":2053} {"bill_id":"109_s1519","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Economic Impact \nAnalysis Act of 2005''.\n\nSEC. 2. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.\n\n (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is \namended--\n (1) by redesignating section 37 as section 38; and\n (2) by inserting after section 36 the following:\n\n``SEC. 37. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.\n\n ``(a) Definitions.--As used in this section, the following \ndefinitions apply:\n ``(1) Agency.--The term `agency' has the meaning given the \n term in section 551(1) of title 5, United States Code.\n ``(2) Qualifying termination or restructuring.--The term \n `qualifying termination or restructuring' means any termination \n of the use of a facility or restructuring that will result in \n the net loss of at least 1,000 governmental and nongovernmental \n jobs in any State.\n ``(3) Restructuring.--The term `restructuring' means any \n action by an agency that both reduces and relocates functions \n and personnel, but does not include a reduction in personnel \n resulting from workload adjustments, reduced funding levels, or \n skill imbalances.\n ``(4) Small governmental jurisdiction.--The term `small \n governmental jurisdiction' has the meaning given the term in \n section 601(5) of title 5, United States Code.\n ``(5) State.--The term `State' means each of the several \n States of the United States, the District of Columbia, and the \n Commonwealth of Puerto Rico.\n ``(b) General Requirement.--\n ``(1) Agencies.--An agency may not make a qualified \n termination or restructuring until after complying with the \n requirements of subsections (c) through (e).\n ``(2) Other entities.--An entity that is statutorily \n authorized to recommend a qualified termination or \n restructuring may not finalize its recommendation until after \n complying with the requirements of subsections (c) through (e).\n ``(c) Economic Analysis.--\n ``(1) Economic analysis required.--\n ``(A) Agencies.--Prior to making any qualifying \n termination or restructuring, an agency shall conduct a \n detailed analysis of the impact on small business \n concerns and small governmental jurisdictions of the \n proposed termination or restructuring.\n ``(B) Other entities.--Prior to recommending a \n qualifying termination or restructuring, any entity \n statutorily authorized to make such recommendations \n shall conduct a detailed analysis of the impact on \n small business concerns and small governmental \n jurisdictions of the proposed termination or \n restructuring.\n ``(2) Scope of economic analysis.--The analysis required \n under paragraph (1) shall include--\n ``(A) a description of the small business concerns \n and small governmental jurisdictions that will be \n affected by the proposed termination or restructuring \n and an estimate of the number of such small business \n concerns and small governmental jurisdictions;\n ``(B) a description of the efforts by the agency or \n entity to minimize the significant adverse economic \n impact on small business concerns and small \n governmental jurisdictions of the proposed termination \n or restructuring; and\n ``(C) a description of any alternative termination \n or restructuring that would reduce the overall impact \n of the proposed termination or restructuring on small \n business concerns, together with an explanation of the \n reasons for not proposing such alternative termination \n or restructuring.\n ``(3) Cost-benefit analysis of impact on certain states.--\n ``(A) In general.--In conducting the analysis \n required under paragraph (1), the agency or entity \n shall also conduct, consistent with the principles \n stated in Office of Management and Budget Circular A-4 \n (September 17, 2003), a quantitative cost-benefit \n analysis of the economic impact upon small business \n concerns and small governmental jurisdictions of the \n proposed termination or restructuring in any State \n where the agency or entity determines the economic \n impact of such termination or restructuring would \n exceed $100,000,000.\n ``(B) Scope of cost-benefit analysis.--In \n conducting a cost-benefit analysis under subparagraph \n (A), the agency or entity shall--\n ``(i) evaluate and compare the costs and \n benefits to small business concerns and small \n governmental jurisdictions of the proposed \n termination or restructuring, quantifying and \n expressing in monetized values to the maximum \n extent possible such costs and benefits;\n ``(ii) provide clearly stated alternatives \n to the proposed termination or restructuring; \n and\n ``(iii) prepare a summary report of the \n costs and benefits to small business concerns \n and small governmental jurisdictions of the \n termination or restructuring proposed under \n each such set of alternate proposals.\n ``(C) Transparency of cost-benefit analysis.--\n ``(i) In general.--In conducting a cost-\n benefit analysis under subparagraph (A) or \n preparing a summary report under subparagraph \n (B)(iii), the agency or entity shall take \n measures to ensure the transparency of such \n actions, including the bases for making \n estimates and forming conclusions for purposes \n of such analysis or report.\n ``(ii) Required measures.--The measures an \n agency or entity takes to ensure transparency \n shall include--\n ``(I) incorporating an executive \n summary;\n ``(II) detailing the assumptions \n that were used in the analysis and the \n discount rates applied to future costs \n and benefits;\n ``(III) specifically referencing \n all sources of data;\n ``(IV) providing appendices with \n documentation of any models used; and\n ``(V) including the results of \n formal sensitivity and other \n uncertainty analyses.\n ``(d) Publication of Economic Analysis.--\n ``(1) Draft economic analysis.--Not later than 180 days \n before taking final action on a qualifying termination or \n restructuring, an agency or entity shall--\n ``(A) publish a draft of its economic analysis \n under subsection (c) on its website; and\n ``(B) provide notice of the draft economic analysis \n in the Federal Register with at least a 60-day period \n for public comment.\n ``(2) Final economic analysis.--After due consideration of \n any comments, the agency or entity shall publish--\n ``(A) a final economic analysis on its web site; \n and\n ``(B) a notice regarding the final economic \n analysis in the Federal Register.\n ``(e) GAO Review.--\n ``(1) In general.--After publishing the final economic \n analysis under subsection (d), an agency or entity shall submit \n its final economic analysis to the Comptroller General of the \n United States for review of the analysis.\n ``(2) Deadline.--Not later than 90 days after receiving a \n final economic analysis under paragraph (1), the Comptroller \n General of the United States shall complete an analysis of the \n submission and publish a report regarding the sufficiency of \n the analysis.\n ``(3) Revised economic analysis required upon determination \n of insufficient analysis.--If the Comptroller General of the \n United States determines that the final economic analysis is \n insufficient, the agency or entity shall repeat the procedures \n required under subsections (c) and (d) and paragraph (1).\n ``(f) Final Action.--An agency or entity may not take final action \non a qualifying termination or restructuring until after receiving a \nsatisfactory review from the Comptroller General of the United States \nunder subsection (e).\n ``(g) Judicial Review.--\n ``(1) In general.--Not later than 90 days after the notice \n regarding the final economic analysis is published in the \n Federal Register under subsection (d)(2)(B), any small business \n concern or small governmental jurisdiction adversely affected \n or aggrieved by the qualifying termination or restructuring may \n file a petition for judicial review of the qualifying \n termination or restructuring with the United States Court of \n Appeals for the circuit in which the small business concern or \n small governmental jurisdiction is located.\n ``(2) Expedited review.--The Court of Appeals shall provide \n for expedited review of a petition under paragraph (1).\n ``(3) Scope of review.--Any review under paragraph (1) \n shall be limited to determining whether--\n ``(A) the qualifying termination or restructuring \n constitutes an agency action that is arbitrary, \n capricious, an abuse of discretion, or otherwise not in \n accordance with law; and\n ``(B) the economic analysis under subsection (c) \n was insufficient.''.\n (b) Applicability.--The requirements of section 37 of the Small \nBusiness Act, as added by subsection (a), shall apply to any qualifying \ntermination or restructuring (as that term is defined in subsection (a) \nof such section) for which final action has not occurred as of the date \nof the enactment of this Act.","summary":"Small Business Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified termination or restructuring unless it conducts a detailed analysis of the impact on small businesses and small governmental jurisdictions of the proposed termination or restructuring. Requires: (1) a related cost-benefit analysis. And (2) the agency to publish a draft of the analysis at least 180 days before undertaking the termination or restructuring. Directs the: (1) agency to publish a final economic analysis. And (2) Comptroller General to review such final analysis. Prohibits an agency from taking final action on a termination or restructuring until its analysis receives a satisfactory review from the Comptroller General. Authorizes judicial review for any small business or small governmental jurisdiction adversely affected or aggrieved by a qualifying termination or restructuring.","title":"A bill to provide for an economic analysis of the impact in small business concerns and small governmental jurisdictions of agency and other decisions that result in a net loss of at least 1,000 jobs, and for other purposes.","text_len":11293,"sum_len":897} {"bill_id":"109_hr1659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Navajo Nation Higher Education Act \nof 2004''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n Congress finds as follows:\n (1) The Treaty of 1868 between the United States of America \n and the Navajo Tribe of Indians provides for the education of \n the citizens of the Navajo Nation.\n (2) In 1968, the Navajo Nation created and chartered the \n Navajo Community College by Resolution CN-95-68 as a wholly \n owned educational entity of the Navajo Nation.\n (3) In 1971, Congress enacted the Navajo Community College \n Act (Public Law 92-189; 25 U.S.C. 640a et seq.).\n (4) In 1997, the Navajo Nation officially changed the name \n of the Navajo Community College to Dine College by Resolution \n CAP-35-97.\n (5) The purpose of Dine College is to provide educational \n opportunities to the Navajo people and others in areas \n important to the economic and social development of the Navajo \n Nation.\n (6) The mission of Dine College is to apply the principles \n of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance \n quality student learning through training of the mind and \n heart--\n (A) through Nitsahakees (Thinking), Nahata \n (Planning), Iina (Living), and Sihasin (Assurance);\n (B) in study of the Dine language, history, \n philosophy, and culture;\n (C) in preparation for further studies and \n employment in a multicultural and technological world; \n and\n (D) in fostering social responsibility, community \n service, and scholarly research that contribute to the \n social, economic, and cultural well-being of the Navajo \n Nation.\n (7) The United States has a trust and treaty responsibility \n to the Navajo Nation to provide for the educational \n opportunities for Navajo people.\n (8) Significant portions of the College's infrastructure \n are dilapidated and pose a serious health and safety risk to \n students, employees and the public.\n (9) The purposes and intent of this Act are consistent with \n Executive Order 13270 on tribal colleges and universities and \n fulfill the United States Government's trust responsibility to \n serve the educational needs of the Navajo people.\n (10) The purposes and intent of this Act are consistent \n with Executive Order 13336 on American Indian and Alaska Native \n education, issued on April 30, 2004, and fulfill the United \n States Government's responsibility to serve the education needs \n of the Navajo people.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (2) Nation.--The term ``Nation'' means the Navajo Nation.\n (3) College.--The term ``College'' means Dine College.\n (4) Operations and maintenance.--The term ``operation and \n maintenance'' means all cost and expenses associated with the \n customary daily operation of the College and necessary \n maintenance costs.\n (5) Infrastructure.--The term ``infrastructure'' means \n College buildings, water and sewer facilities, roads, \n foundation, information technology, and telecommunications, \n including classrooms and external matters such as walkways.\n (6) Renovations and repairs.--The term ``renovations and \n repairs'' means modernization and improvements to the \n infrastructure.\n\nSEC. 4. REAUTHORIZATION OF DINE COLLEGE.\n\n Congress authorizes the Dine College to receive all Federal funding \nand resources under this Act and other laws for its operation, \nimprovement, and growth, including (but not limited to) the following:\n (1) to provide programs of higher education for citizens of \n the Nation and others;\n (2) to provide vocational and technical education for \n citizens of the Nation and others;\n (3) to preserve and protect the Navajo language, \n philosophy, and culture for citizens of the Nation and others;\n (4) to provide Navajo communities and people with \n employment and training opportunities;\n (5) to provide economic development and community outreach \n for Navajo communities and people; and\n (6) to provide a safe learning, working, and living \n environment for students, employees, and the public.\n\nSEC. 5. FACILITIES AND CAPITAL PROJECTS.\n\n The College is authorized to expend money received pursuant to \nsection 7(c) to undertake all renovations and repairs to the College's \ninfrastructure, as identified by a strategic plan approved by the \nCollege, and submitted to the Secretary.\n\nSEC. 6. STATUS OF FUNDS.\n\n Funds provided under this Act to the College may be treated as non-\nFederal, private funds of the College for purposes of any provision of \nFederal law which requires that non-Federal or private funds of the \nCollege be used in a project for a specific purpose.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are hereby authorized to be appropriated to \nthe College, for each fiscal year, such amounts as are necessary to pay \nfor the operation and maintenance of the College.\n (b) Budget Placement.--The Secretary shall fund the operation and \nmaintenance of the College separately from tribal colleges and \nuniversities recognized and funded by the Tribally Controlled College \nor University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).\n (c) Facilities and Capital Projects.--In addition to amounts \nappropriated under subsection (a), there are authorized to be \nappropriated to carry out section 5, $15,000,000 for each of the first \n5 fiscal years beginning after the date of enactment of this Act. Such \namounts may be funded through any one or more of the following \nagencies:\n (1) the Department of Interior;\n (2) the Department of Education;\n (3) the Department of Heath and Human Services;\n (4) the Department of Housing and Urban Development;\n (5) the Department of Commerce;\n (6) the Environmental Protection Agency;\n (7) the Department of Veterans Affairs;\n (8) the Department of Agriculture;\n (9) the Department of Homeland Security;\n (10) the Department of Defense;\n (11) the Department of Labor; and\n (12) the Department of Transportation.\n\nSEC. 8. SURVEY, STUDY, AND REPORT.\n\n (a) Information to Congress.--The Secretary shall conduct a \ndetailed survey and study of all capital projects and facility needs of \nthe College, and shall report the results of such survey and study to \nCongress not later than October 31, 2009. Such report shall include any \nrecommendations or views submitted by the College and the Nation, and \nshall include detailed recommendations by the Secretary.\n (b) Administrative Expenses.--Funds to carry out this section may \nbe drawn from general administrative appropriations to the Secretary.\n\nSEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT.\n\n This Act supersedes the Navajo Community College Act (Public Law \n92-189; 25 U.S.C. 640a et seq.).\n\nSEC. 10. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.\n\n Except as explicitly provided for in other Federal law, nothing in \nthis Act shall preclude the eligibility of the College to receive \nFederal funding and resources under any program authorized under the \nHigher Education Act of 1965, the Equity in Educational Land Grant \nStatus Act (Title V, Part C, of P.L. 103-382; 7 U.S.C. 301 note), or \nany other applicable program for the benefit of institutions of higher \neducation, community colleges, or postsecondary educational \ninstitutions.","summary":"Navajo Nation Higher Education Act of 2004 (sic) - Authorizes the Navajo Nation's Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth. Authorizes the College to expend certain funds to undertake all renovations and repairs to its infrastructure, as identified by a strategic plan approved by it and submitted to the Secretary of the Interior. Allows funds to be treated as non-Federal, private funds of the College. Authorizes appropriations to the College for: (1) operation and maintenance, to be funded by the Secretary separately from funding institutions under the Tribally Controlled College or University Assistance Act of 1978. And (2) facilities and capital projects, to be funded through any of specified Federal agencies. Supersedes and repeals the Navajo Community College Act.","title":"To fulfill the United States Government's trust responsibility to serve the educational needs of the Navajo people.","text_len":8116,"sum_len":868} {"bill_id":"109_hr5302","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Summer Relief for Motorists Act of \n2006''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that the States, with an average gas \ntax of 20.8 cents per gallon, also possess the ability to provide \nsignificant immediate relief to motorists by temporarily suspending \ntheir own motor fuel excise taxes. While Congress believes such action \nis appropriate, Congress also believes that the States should find \noffsets for such temporary motor fuel excise tax suspensions in order \nto maintain their commitment to transportation infrastructure \ninvestment.\n\nSEC. 3. SUSPENSION OF HIGHWAY FUEL TAXES.\n\n (a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and \nKerosene.--\n (1) In general.--Section 4081 of the Internal Revenue Code \n of 1986 (relating to imposition of tax on gasoline, diesel \n fuel, and kerosene) is amended by adding at the end the \n following new subsection:\n ``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.--\n ``(1) In general.--During the suspension period, each rate \n of tax referred to in paragraph (2) shall be reduced to zero \n cents per gallon.\n ``(2) Rates of tax.--The rates of tax referred to in this \n paragraph are the rates of tax otherwise applicable under--\n ``(A) clauses (i) and (iii) of subsection (a)(2)(A) \n (relating to gasoline, diesel fuel, and kerosene), \n determined after application of subsection (a)(2)(B) \n and without regard to subsection (a)(2)(C), and\n ``(B) paragraph (1) of section 4041(a) (relating to \n diesel fuel and kerosene) with respect to fuel sold for \n use or used in a diesel-powered highway vehicle.\n ``(3) Suspension period.--For purposes of this subsection, \n the term `suspension period' means the period beginning on May \n 29, 2006 (or, if later, the date of the enactment of this \n subsection) and ending on September 4, 2006.\n ``(4) Maintenance of trust fund deposits.--In determining \n the amounts to be appropriated to the Highway Trust Fund under \n section 9503 and to the Leaking Underground Storage Tank Trust \n Fund under section 9508, an amount equal to the reduction in \n revenues to the Treasury by reason of this subsection shall be \n treated as taxes received in the Treasury under this section or \n section 4041.''.\n (2) Effective date.--The amendment made by this subsection \n shall take effect on the date of the enactment of this Act.\n (b) Floor Stock Refunds.--\n (1) In general.--If--\n (A) before the tax suspension date, tax has been \n imposed under section 4081 of the Internal Revenue Code \n of 1986 on any highway motor fuel, and\n (B) on such date such fuel is held by a dealer and \n has not been used and is intended for sale,\n there shall be credited or refunded (without interest) to the \n person who paid such tax (hereafter in this subsection referred \n to as the ``taxpayer'') an amount equal to the excess of the \n tax paid by the taxpayer over the tax which would be imposed on \n such fuel had the taxable event occurred on such date.\n (2) Time for filing claims.--No credit or refund shall be \n allowed or made under this subsection unless--\n (A) claim therefor is filed with the Secretary of \n the Treasury before the date which is 6 months after \n the tax suspension date based on a request submitted to \n the taxpayer before the date which is 3 months after \n the tax suspension date by the dealer who held the \n highway motor fuel on such date, and\n (B) the taxpayer has repaid or agreed to repay the \n amount so claimed to such dealer or has obtained the \n written consent of such dealer to the allowance of the \n credit or the making of the refund.\n (3) Exception for fuel held in retail stocks.--No credit or \n refund shall be allowed under this subsection with respect to \n any highway motor fuel in retail stocks held at the place where \n intended to be sold at retail.\n (4) Definitions.--For purposes of this subsection--\n (A) Tax suspension date.--The term ``tax suspension \n date'' means the first day of the suspension period in \n effect under section 4081(f) of the Internal Revenue \n Code of 1986 (as added by subsection (a) of this \n section).\n (B) Highway motor fuel.--The term ``highway motor \n fuel'' has the meaning given such term for purposes of \n subsection (c).\n (C) Other terms.--The terms ``dealer'' and ``held \n by a dealer'' have the respective meanings given to \n such terms by section 6412 of such Code.\n (5) Certain rules to apply.--Rules similar to the rules of \n subsections (b) and (c) of section 6412 of such Code shall \n apply for purposes of this subsection.\n (c) Floor Stocks Tax.--\n (1) Imposition of tax.--In the case of any highway motor \n fuel which is held on the tax restoration date by any person, \n there is hereby imposed a floor stocks tax equal to the excess \n of the tax which would be imposed on such fuel had the taxable \n event occurred on such date over the tax (if any) previously \n paid (and not credited or refunded) on such fuel.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--The person holding highway \n motor fuel on the tax restoration date to which the tax \n imposed by paragraph (1) applies shall be liable for \n such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before the 45th day after the \n tax restoration date.\n (3) Definitions.--For purposes of this subsection--\n (A) Tax restoration date.--The term ``tax \n restoration date'' means the first day after the \n suspension period (as defined in section 4081(f) of the \n Internal Revenue Code of 1986).\n (B) Highway motor fuel.--The term ``highway motor \n fuel'' means any liquid on which tax would have been \n imposed under section 4081 of the Internal Revenue Code \n of 1986 during the suspension period in effect under \n section 4081(f) of such Code but for the amendments \n made by subsection (a).\n (C) Held by a person.--A highway motor fuel shall \n be considered as held by a person if title thereto has \n passed to such person (whether or not delivery to the \n person has been made).\n (D) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or the Secretary's delegate.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to any highway motor fuel held by \n any person exclusively for any use to the extent a credit or \n refund of the tax is allowable for such use.\n (5) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1) on any highway motor fuel held on the tax \n restoration date by any person if the aggregate amount \n of such highway motor fuel held by such person on such \n date does not exceed 2,000 gallons. The preceding \n sentence shall apply only if such person submits to the \n Secretary (at the time and in the manner required by \n the Secretary) such information as the Secretary shall \n require for purposes of this subparagraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account any highway motor \n fuel held by any person which is exempt from the tax \n imposed by paragraph (1) by reason of paragraph (4).\n (C) Controlled groups.--For purposes of this \n subsection--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of subparagraph (A) shall apply to a group of \n persons under common control if 1 or more of \n such persons is not a corporation.\n (6) Other laws applicable.--All provisions of law, \n including penalties, applicable with respect to the taxes \n imposed by section 4081 of such Code shall, insofar as \n applicable and not inconsistent with the provisions of this \n subsection, apply with respect to the floor stock taxes imposed \n by paragraph (1) to the same extent as if such taxes were \n imposed by such section.\n\nSEC. 4. SUSPENSION OF ROYALTY RELIEF.\n\n (a) New Leases.--\n (1) Requirement.--The Secretary of the Interior (referred \n to in this title as the ``Secretary'') shall suspend the \n application of any provision of Federal law under which a \n person would otherwise be provided relief from a requirement to \n pay a royalty for the production of oil or natural gas from \n Federal land (including submerged land) occurring on or after \n the date of enactment of this Act during a period in which--\n (A) for the production of oil, the average price of \n crude oil in the United States during the 4-week period \n immediately preceding the suspension is greater than \n $35.86 per barrel; and\n (B) for the production of natural gas, the average \n wellhead price of natural gas in the United States \n during the 4-week period immediately preceding the \n suspension is greater than $4.48 per 1,000 cubic feet.\n (2) Determination of average prices.--For purposes of \n paragraph (1), the Secretary shall determine average prices, \n taking into consideration the most recent data reported by the \n Energy Information Administration.\n (b) Renegotiation of Existing Leases.--\n (1) Requirement.--The Secretary shall, to the maximum \n extent practicable, renegotiate each lease authorizing \n production of oil or natural gas on Federal land (including \n submerged land) issued by the Secretary before the date of the \n enactment of this Act as the Secretary determines to be \n necessary to modify the terms of the lease to ensure that a \n suspension of a requirement to pay royalties under the lease \n does not apply to production described in subsection (a)(1).\n (2) Failure to renegotiate and modify.--\n (A) In general.--Beginning on the date that is 1 \n year after the date of enactment of this Act, a lessee \n that does not renegotiate a lease described in \n paragraph (1) in accordance with that paragraph shall \n not be eligible to enter into a new lease authorizing \n production of oil or natural gas on Federal land \n (including submerged land).\n (B) Transfers.--A lessee shall not be eligible to \n obtain by sale or other transfer any lease described in \n paragraph (1) issued before the date of enactment of \n this Act, unless the lessee--\n (i) renegotiates the lease; and\n (ii) enters into an agreement with the \n Secretary to modify the terms of the lease in \n accordance with paragraph (1).","summary":"Summer Relief for Motorists Act of 2006 - Expresses the sense of Congress that states can assist motorists by temporarily suspending state gasoline taxes without jeopardizing their commitment to transportation infrastructure investment. Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene from the enactment of this Act until September 4, 2006 . Provides for reimbursement to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax revenues lost during the suspension period. Requires the Secretary of the Interior to suspend the application of any federal law exempting crude oil and natural gas producers from the payment of royalties for production activities on federal lands during periods when the average price of crude oil exceeds $35.86 per barrel and the average wellhead price of natural gas exceeds $4.48 per 1,000 cubic feet.","title":"To amend the Internal Revenue Code of 1986 to suspend the highway fuels taxes, to provide for suspension of royalty relief, and for other purposes.","text_len":13605,"sum_len":909} {"bill_id":"103_hr3610","text":"SECTION 1. EXCLUSION FROM GROSS INCOME FOR DISTRIBUTIONS FROM \n CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN \n CERTAIN PROPERTY LOCATED IN THE UNITED STATES OR USED TO \n HIRE NEW EMPLOYEES IN THE UNITED STATES.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by redesignating section 137 as section \n138 and by inserting after section 136 the following new section:\n\n``SEC. 137. DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH \n ARE INVESTED IN CERTAIN UNITED STATES PROPERTY OR WHICH \n ARE USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES.\n\n ``(a) Exclusion.--The gross income of a United States shareholder \nof a controlled foreign corporation shall not include the amount of any \nqualified distribution received during the taxable year by such \nshareholder from such corporation.\n ``(b) Reinvestment Requirements.--\n ``(1) In general.--If, as of the close of the reinvestment \n period with respect to any distribution, the taxpayer fails to \n meet--\n ``(A) the investment in property requirement of \n subsection (c), or\n ``(B) the job creation requirement of subsection \n (d),\n then the taxpayer's tax imposed by this chapter for the taxable \n year in which such reinvestment period ends shall be increased \n by an amount equal to the recapture amount with respect to such \n distribution.\n ``(2) Recapture amount.--For purposes of paragraph (1), the \n term `recapture amount' means an amount equal to the sum of--\n ``(A) the shortfall percentage of the reduction in \n the taxpayer's liability for tax under this chapter \n which resulted from excluding such distribution from \n gross income under subsection (a), plus\n ``(B) the aggregate amount of interest (determined \n in the manner provided in subsection (e)(4)) on the \n amount determined under subparagraph (A).\n ``(3) Shortfall percentage.--For purposes of paragraph (2), \n the term `shortfall percentage' means the greater of--\n ``(A) the investment in property shortfall \n percentage, or\n ``(B) the job creation shortfall percentage.\n ``(4) Investment in property shortfall percentage.--For \n purposes of paragraph (3), the term `investment in property \n shortfall percentage' means the percentage which--\n ``(A) the excess (if any) of--\n ``(i) an amount equal to 50 percent of the \n distribution involved, over\n ``(ii) the amount of qualified investment \n made during the reinvestment period which \n allocable to such distribution, bears to\n ``(B) the amount described in subparagraph (A)(i).\n ``(5) Job creation shortfall percentage.--For purposes of \n paragraph (3), the term `job creation shortfall percentage' \n means the percentage which--\n ``(A) the excess (if any) of--\n ``(i) an amount equal to 12.5 percent of \n the distribution involved, over\n ``(ii) the amount of new employee wages \n paid during the last taxable year of the \n reinvestment period allocable to such \n distribution, bears to\n ``(B) the amount described in subparagraph (A)(i).\n ``(c) Investment in Property Requirement.--For purposes of this \nsection--\n ``(1) Requirement.--A taxpayer meets the investment in \n property requirement of this subsection if the qualified \n investment of the taxpayer during the reinvestment period (to \n the extent not taken into account under this paragraph with \n respect to any prior distribution) is not less than 50 percent \n of the amount of the distribution.\n ``(2) Qualified investment.--The term `qualified \n investment' means the sum of--\n ``(A) the aggregate bases of new qualified property \n placed in service by the taxpayer, and\n ``(B) the aggregate cost of used qualified property \n placed in service by the taxpayer.\n Rules similar to the rules of subsections (b) and (c) of \n section 48 (as in effect on the day before the date of the \n enactment of the Revenue Reconciliation Act of 1990) shall \n apply for purposes of this paragraph.\n ``(3) Qualified property.--For purposes of paragraph (2), \n the term `qualified property' means--\n ``(A) section 38 property (as defined by section \n 48(a) as in effect on the day before the date of the \n enactment of the Omnibus Budget Reconciliation Act of \n 1990), and\n ``(B) real property (not described in subparagraph \n (A)) used as an integral part of manufacturing facility \n (as defined in section 144(a)(12)(C)).\n The term `qualified property' shall not include any property if \n the taxpayer is the lessor of the property.\n ``(4) Recapture if property disposed of, etc.--\n ``(A) In general.--If any qualified property is \n disposed of, or otherwise ceases to be qualified \n property with respect to the taxpayer, before the close \n of the recapture period, then the taxpayer's tax \n imposed by this chapter for the taxable year in which \n such disposition or cessation occurs shall be increased \n by the sum of--\n ``(i) the recapture percentage of such \n property's share of the tax benefit under this \n section, plus\n ``(ii) the aggregate amount of interest \n (determined in the manner provided in \n subsection (e)(4)) on the amount determined \n under subparagraph (A).\n ``(B) Definitions.--For purposes of this \n paragraph--\n ``(i) Recapture period.--The term \n `recapture period' means, with respect to any \n property, the period consisting of the first \n full year after the property is placed in \n service and--\n ``(I) the 2 succeeding full years \n in the case of 3-year property (within \n the meaning of section 168),\n ``(II) the 4 succeeding full years \n in the case of section 38 property \n other than 3-year property, and\n ``(III) the 9 succeeding full years \n in the case of property referred to in \n paragraph (2)(B).\n ``(ii) Recapture percentage.--The term \n `recapture percentage' means the percentage \n determined under section 50(a)(1)(B); except \n that--\n ``(I) in the case of 3-year \n property, the percentage set forth in \n clause (ii) of the table contained in \n paragraph (1)(B) shall be 66 percent, \n the percentage set forth in clause \n (iii) of such table shall be 33 \n percent, and clauses (iv) and (v) of \n such table shall not apply, and\n ``(II) in the case of property \n referred to in paragraph (2)(B), the \n percentage shall be 100 percent for the \n first full year of the recapture period \n and, for each full year thereafter, \n shall be 10 percentage points less than \n the recapture percentage for the prior \n year.\n ``(C) Property's share of tax benefit.--A \n property's share of the tax benefit under this section \n shall be--\n ``(i) an amount which bears the same ratio \n to the reduction in the taxpayer's liability \n for tax under this chapter which resulted from \n excluding the distribution involved from gross \n income under subsection (a), as\n ``(ii) the unadjusted basis of such \n property bears to the aggregate unadjusted \n bases of all qualified property placed in \n service during the reinvestment period with \n respect to such distribution.\n ``(d) Job Creation Requirement.--For purposes of this section--\n ``(1) Requirement.--A taxpayer meets the job creation \n requirement of this subsection if the new employee wages paid \n by the taxpayer during the last taxable year of the \n reinvestment period (to the extent not taken into account under \n this paragraph with respect to any prior distribution) is not \n less than 12.5 percent of the amount of the distribution.\n ``(2) New employee wages.--The term `new employee wages' \n means, with respect to any distribution, wages paid to \n employees--\n ``(A) who are first hired after the date of such \n distribution, and\n ``(B) whose employment represents an increase in \n the aggregate number of employees of the taxpayer in \n the United States.\n ``(3) Wages.--The term `wages' has the same meaning as when \n used in section 51.\n ``(4) Increased employment must be maintained for 4 \n years.--\n ``(A) In general.--If for any taxable year in the \n employment maintenance period (hereafter in this \n paragraph referred to as the `redetermination year') \n the new employee wages with respect to any distribution \n are less than the new employee wages for the last \n taxable year of the reinvestment period with respect to \n such distribution, the taxpayer's tax imposed by this \n chapter for the redetermination year shall be increased \n by an amount equal to the adjusted recapture amount \n with respect to such distribution.\n ``(B) Adjusted recapture amount.--For purposes of \n subparagraph (A), the term `adjusted recapture amount' \n means an amount equal to the sum of--\n ``(A) the excess (if any) of--\n ``(i) the job creation shortfall percentage \n of the reduction in the taxpayer's liability \n for tax under this chapter which resulted from \n excluding such distribution from gross income \n under subsection (a) (determined for the \n redetermination year), over\n ``(ii) the amount determined under \n subsection (b)(2)(A) (increased by any prior \n increase in tax under this paragraph with \n respect to such distribution), plus\n ``(B) the aggregate amount of interest (determined \n in the manner provided in subsection (e)(4)) on the \n excess determined under subparagraph (A).\n ``(C) Employment maintenance period.--For purposes \n of this paragraph, the term `employment maintenance \n period' means any period of 4 consecutive taxable years \n selected by the taxpayer so long as at least 1 of such \n taxable years is during the reinvestment period.\n ``(e) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Qualified distribution.--The term `qualified \n distribution' means any distribution to the extent that the \n amount thereof reduces the amount includible in gross income \n under section 956A (relating to earnings invested in excess \n passive assets).\n ``(2) Reinvestment period.--The term `reinvestment period' \n means, with respect to any distribution received during a \n taxable year, such taxable year and the 4 succeeding taxable \n years.\n ``(3) United States shareholder; controlled foreign \n corporation.--The terms `United States shareholder' and \n `controlled foreign corporation' have the respective meanings \n given such terms by sections 951 and 957.\n ``(4) Rules relating to determination of interest.--\n ``(A) In general.--The amount of interest referred \n to in subsections (b)(2), (c)(4), and (d)(3) for any \n taxable year shall be determined for the period--\n ``(i) beginning on the due date for taxable \n year during which the distribution involved was \n made, and\n ``(ii) ending on the due date for the \n taxable year for which the increase in tax is \n being determined,\n by using the rates and method applicable under section \n 6621 for underpayment of tax for such period.\n ``(B) Due date.--For purposes of subparagraph (A), \n the term `due date' means the date prescribed by law \n (determined without regard to extensions) for filing \n the return of the tax imposed by this chapter for the \n taxable year.\n ``(C) Treatment of increase in tax attributable to \n interest as interest.--Any increase in tax imposed by \n this chapter for a taxable year by reason of this \n section to the extent attributable to an amount \n referred to in subsection (b)(2)(B), (c)(4)(A)(ii), or \n (d)(3)(B) shall be treated as interest paid under \n section 6601 on the due date for such taxable year.\n ``(5) Controlled Groups.--All taxpayers treated as a single \n employer under subsection (a) or (b) of section 52 shall be \n treated as a single taxpayer.\n ``(f) Basis Adjustment.--\n ``(1) In general.--For purposes of this subtitle, the basis \n of any qualified property placed in service during any taxable \n year for which an amount was excluded from gross income under \n this section shall be reduced by an amount equal to such \n property's share of such exclusion (determined under subsection \n (c)(3)).\n ``(2) Certain dispositions.--If there is an increase in tax \n by reason of this section for any taxable year, proper \n adjustments shall be made under regulations prescribed by the \n Secretary with respect to any property the basis of which was \n reduced under paragraph (1).''\n (b) Technical Amendment.--Subsection (a) of section 1016 of such \nCode is amended by striking ``and'' at the end of paragraph (24), by \nstriking the period at the end of paragraph (25) and inserting ``, \nand'', and by adding at the end thereof the following new paragraph:\n ``(26) to the extent provided in section 137(f).''\n (c) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code is amended by striking the last \nitem and inserting the following new items:\n\n ``Sec. 137. Distributions from controlled \n foreign corporations which are \n invested in certain United \n States property or which are \n used to hire new employees in \n the United States.\n ``Sec. 138. Cross references to other \n Acts.''\n (d) Effective Date.--The amendments made by this section shall \napply to distributions received after the date of the enactment of this \nAct in taxable years ending after such date.","summary":"Amends the Internal Revenue Code to exclude from the gross income of shareholders of controlled foreign corporations the amount of any distribution received from such corporation, if the shareholder meets the requirements for reinvestment in US property or the creation of domestic jobs.","title":"To amend the Internal Revenue Code of 1986 to provide that distributions from a controlled foreign corporation to a United States shareholder shall be excluded from gross income if at least a portion of the distribution is invested in certain property located in the United States and in the employment of new employees in the United States.","text_len":17472,"sum_len":287} {"bill_id":"107_hr617","text":"to provide for annexing the \n Hawaiian Islands to the United States of July 7, 1898 (30 Stat. \n 750), and which were later transferred to the State of Hawaii \n in the Act entitled ``An Act to provide for the admission of \n the State of Hawaii into the Union'' approved March 18, 1959 \n (Public Law 86-3;\n 73 Stat. 4).\n (4) Indigenous, native people.--The term ``indigenous, \n native people'' means the lineal descendants of the aboriginal, \n indigenous, native people of the United States.\n (5) Interagency coordinating group.--The term ``Interagency \n Coordinating Group'' means the Native Hawaiian Interagency \n Coordinating Group established under section 5.\n (6) Native hawaiian.--\n (A) Prior to the recognition by the United States \n of the Native Hawaiian governing entity, the term \n``Native Hawaiian'' means the indigenous, native people of Hawaii who \nare the direct lineal descendants of the aboriginal, indigenous, native \npeople who resided in the islands that now comprise the State of Hawaii \non or before January 1, 1893, and who occupied and exercised \nsovereignty in the Hawaiian archipelago, including the area that now \nconstitutes the State of Hawaii, and includes all Native Hawaiians who \nwere eligible in 1921 for the programs authorized by the Hawaiian Homes \nCommission Act (42 Stat. 108, chapter 42) and their lineal descendants.\n (B) Following the recognition by the United States \n of the Native Hawaiian governing entity, the term \n ``Native Hawaiian'' shall have the meaning given to \n such term in the organic governing documents of the \n Native Hawaiian governing entity.\n (7) Native hawaiian governing entity.--The term ``Native \n Hawaiian governing entity'' means the governing entity \n organized by the Native Hawaiian people.\n (8) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. UNITED STATES POLICY AND PURPOSE.\n\n (a) Policy.--The United States reaffirms that--\n (1) Native Hawaiians are a unique and distinct, indigenous, \n native people, with whom the United States has a political and \n legal relationship;\n (2) the United States has a special trust relationship to \n promote the welfare of Native Hawaiians;\n (3) Congress possesses the authority under the Constitution \n to enact legislation to address the conditions of Native \n Hawaiians and has exercised this authority through the \n enactment of--\n (A) the Hawaiian Homes Commission Act, 1920 (42 \n Stat. 108, chapter 42);\n (B) the Act entitled ``An Act to provide for the \n admission of the State of Hawaii into the Union'', \n approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); \n and\n (C) more than 150 other Federal laws addressing the \n conditions of Native Hawaiians;\n (4) Native Hawaiians have--\n (A) an inherent right to autonomy in their internal \n affairs;\n (B) an inherent right of self-determination and \n self-governance; and\n (C) the right to reorganize a Native Hawaiian \n governing entity; and\n (5) the United States shall continue to engage in a process \n of reconciliation and political relations with the Native \n Hawaiian people.\n (b) Purpose.--It is the intent of Congress that the purpose of this \nAct is to provide a process for the recognition by the United States of \na Native Hawaiian governing entity for purposes of continuing a \ngovernment-to-government relationship.\n\nSEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN \n RELATIONS.\n\n (a) In General.--There is established within the Office of the \nSecretary the United States Office for Native Hawaiian Relations.\n (b) Duties of the Office.--The United States Office for Native \nHawaiian Relations shall--\n (1) effectuate and coordinate the trust relationship \n between the Native Hawaiian people and the United States, and \n upon the recognition of the Native Hawaiian governing entity by \n the United States, between the Native Hawaiian governing entity \n and the United States through the Secretary, and with all other \n Federal agencies;\n (2) continue the process of reconciliation with the Native \n Hawaiian people, and upon the recognition of the Native \n Hawaiian governing entity by the United States, continue the \n process of reconciliation with the Native Hawaiian governing \n entity;\n (3) fully integrate the principle and practice of \n meaningful, regular, and appropriate consultation with the \n Native Hawaiian governing entity by providing timely notice to, \n and consulting with the Native Hawaiian people and the Native \n Hawaiian governing entity prior to taking any actions that may \n have the potential to significantly affect Native Hawaiian \n resources, rights, or lands;\n (4) consult with the Interagency Coordinating Group, other \n Federal agencies, and with relevant agencies of the State of \n Hawaii on policies, practices, and proposed actions affecting \n Native Hawaiian resources, rights, or lands; and\n (5) prepare and submit to the Committee on Indian Affairs \n and the Committee on Energy and Natural Resources of the \n Senate, and the Committee on Resources of the House of \n Representatives an annual report detailing the activities of \n the Interagency Coordinating Group that are undertaken with \n respect to the continuing process of reconciliation and to \n effect meaningful consultation with the Native Hawaiian \n governing entity and providing recommendations for any \n necessary changes to existing Federal statutes or regulations \n promulgated under the authority of Federal law.\n\nSEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.\n\n (a) Establishment.--In recognition of the fact that Federal \nprograms authorized to address the conditions of Native Hawaiians are \nlargely administered by Federal agencies other than the Department of \nthe Interior, there is established an interagency coordinating group to \nbe known as the ``Native Hawaiian Interagency Coordinating Group''.\n (b) Composition.--The Interagency Coordinating Group shall be \ncomposed of officials, to be designated by the President, from--\n (1) each Federal agency that administers Native Hawaiian \n programs, establishes or implements policies that affect Native \n Hawaiians, or whose actions may significantly or uniquely \n impact on Native Hawaiian resources, rights, or lands; and\n (2) the United States Office for Native Hawaiian Relations \n established under section 4.\n (c) Lead Agency.--The Department of the Interior shall serve as the \nlead agency of the Interagency Coordinating Group, and meetings of the \nInteragency Coordinating Group shall be convened by the lead agency.\n (d) Duties.--The responsibilities of the Interagency Coordinating \nGroup shall be--\n (1) the coordination of Federal programs and policies that \n affect Native Hawaiians or actions by any agency or agencies of \n the Federal Government which may significantly or uniquely \n impact on Native Hawaiian resources, rights, or lands;\n (2) to assure that each Federal agency develops a policy on \n consultation with the Native Hawaiian people, and upon \n recognition of the Native Hawaiian governing entity by the \n United States, consultation with the Native Hawaiian governing \n entity; and\n (3) to assure the participation of each Federal agency in \n the development of the report to Congress authorized in section \n 4(b)(5).\n\nSEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING \n ENTITY.\n\n (a) Recognition of the Native Hawaiian Governing Entity.--The right \nof the Native Hawaiian people to organize for their common welfare and \nto adopt appropriate organic governing documents is hereby recognized \nby the United States.\n (b) Process for Recognition.--\n (1) Submittal of organic governing documents.--Following \n the organization of the Native Hawaiian governing entity, the \n adoption of organic governing documents, and the election of \n officers of the Native Hawaiian governing entity, the duly \n elected officers of the Native Hawaiian governing entity shall \n submit the organic governing documents of the Native Hawaiian \n governing entity to the Secretary.\n (2) Certifications.--\n (A) In general.--Within 90 days of the date that \n the duly elected officers of the Native Hawaiian \n governing entity submit the organic governing documents \n to the Secretary, the Secretary shall certify that the \n organic governing documents--\n (i) establish the criteria for citizenship \n in the Native Hawaiian governing entity;\n (ii) were adopted by a majority vote of the \n citizens of the Native Hawaiian governing \n entity;\n (iii) provide for the exercise of \n governmental authorities by the Native Hawaiian \n governing entity;\n (iv) provide for the Native Hawaiian \n governing entity to negotiate with Federal, \n State, and local governments, and other \n entities;\n (v) prevent the sale, disposition, lease, \n or encumbrance of lands, interests in lands, or \n other assets of the Native Hawaiian governing \n entity without the consent of the Native \n Hawaiian governing entity;\n (vi) provide for the protection of the \n civil rights of the citizens of the Native \n Hawaiian governing entity and all persons \n subject to the authority of the Native Hawaiian \n governing entity, and ensure that the Native \n Hawaiian governing entity exercises its \n authority consistent with the requirements of \n section 202 of the Act of April 11, 1968 (25 \n U.S.C. 1302); and\n (vii) are consistent with applicable \n Federal law and the special trust relationship \n between the United States and the indigenous \n native people of the United States.\n (B) By the secretary.--Within 90 days of the date \n that the duly elected officers of the Native Hawaiian \n governing entity submit the organic governing documents \n to the Secretary, the Secretary shall certify that the \n State of Hawaii supports the recognition of the Native \n Hawaiian governing entity by the United States as \n evidenced by a resolution or act of the Hawaii State \n legislature.\n (C) Resubmission in case of noncompliance.--\n (i) Resubmission by the secretary.--If the \n Secretary determines that the organic governing \n documents do not address the criteria described \n in subparagraph (A) or that the organic \n governing documents, or any part thereof, are \n not consistent with other applicable Federal \n law, the Secretary shall resubmit the organic \n governing documents to the duly elected \n officers of the Native Hawaiian governing \n entity along with a justification for each of \n the Secretary's findings as to why the \n provisions are not consistent with such law.\n (ii) Amendment and resubmission by the \n native hawaiian governing entity.--If the \n organic governing documents are resubmitted to \n the duly elected officers of the Native \n Hawaiian governing entity by the Secretary \n under clause (i), the duly elected officers of \n the Native Hawaiian governing entity shall--\n (I) amend the organic governing \n documents to ensure that the documents \n comply with applicable Federal law and \n address the criteria described in \n subparagraph (A); and\n (II) resubmit the amended organic \n governing documents to the Secretary \n for certification in accordance with \n the requirements of this paragraph.\n (D) Certifications deemed made.--The certifications \n authorized in subparagraph (A) shall be deemed to have \n been made if the Secretary has not acted within 90 days \n of the date that the duly elected officers of the \n Native Hawaiian governing entity have submitted the \n organic governing documents of the Native Hawaiian \n governing entity to the Secretary.\n (3) Federal recognition.--Notwithstanding any other \n provision of law, upon the election of the officers of the \n Native Hawaiian governing entity and the certifications by the \n Secretary required under paragraph (2), the United States \n hereby extends Federal recognition to the Native Hawaiian \n governing entity as the representative governing body of the \n Native Hawaiian people.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as may be \nnecessary to carry out the activities authorized in this Act.\n\nSEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL\n AUTHORITY; NEGOTIATIONS.\n\n (a) Reaffirmation.--The delegation by the United States of \nauthority to the State of Hawaii to address the conditions of the \nindigenous, native people of Hawaii contained in the Act entitled ``An \nAct to provide for the admission of the State of Hawaii into the \nUnion'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby \nreaffirmed.\n (b) Negotiations.--Upon the Federal recognition of the Native \nHawaiian governing entity by the United States, the United States is \nauthorized to negotiate and enter into an agreement with the State of \nHawaii and the Native Hawaiian governing entity regarding the transfer \nof lands, resources, and assets dedicated to Native Hawaiian use to the \nNative Hawaiian governing entity. Nothing in this Act is intended to \nserve as a settlement of any claims against the United States.\n\nSEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.\n\n (a) Indian Gaming Regulatory Act.--Nothing contained in this Act \nshall be construed as an authorization for the Native Hawaiian \ngoverning entity to conduct gaming activities under the authority of \nthe Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).\n (b) Bureau of Indian Affairs.--Nothing contained in this Act shall \nbe construed as an authorization for eligibility to participate in any \nprograms and services provided by the Bureau of Indian Affairs for any \npersons not otherwise eligible for such programs or services.\n\nSEC. 10. SEVERABILITY.\n\n In the event that any section or provision of this Act is held \ninvalid, it is the intent of Congress that the remaining sections or \nprovisions of this Act shall continue in full force and effect.\n\n\n\n\n ","summary":"Establishes the United States Office for Native Hawaiian Relations within the Office of the Secretary of the Interior. Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate Federal programs and policies or actions that may significantly or uniquely affect Native Hawaiian resources, rights, or lands. (2) assure that each Federal agency develops a policy on consultation with Native Hawaiians. And (3) assure the participation of such agencies in the development of an annual report to Congress. Recognizes the right of the Native Hawaiian people to adopt organic governing documents, to be submitted to the Secretary. Requires the Secretary to certify that: (1) such documents meet specified certifications. And (2) the State of Hawaii supports the recognition of such Native Hawaiian government as evidenced by a resolution or act of the Hawaiian State legislature. Extends Federal recognition to such government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary. Authorizes appropriations. Reaffirms the delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with the State and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.","title":"To express the policy of the United States regarding the United States' relationship with Native Hawaiians, to provide a process for the reorganization of a Native Hawaiian government and the recognition by the United States of the Native Hawaiian government, and for other purposes.","text_len":16792,"sum_len":1488} {"bill_id":"114_s1222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Continuity of Electric Capacity \nResources Act''.\n\nSEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY \n RESOURCES.\n\n Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is \namended by adding at the end the following:\n\n``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY \n RESOURCES.\n\n ``(a) Definitions.--In this subsection:\n ``(1) Bulk-power system; transmission organization.--The \n terms `bulk-power system' and `transmission organization' have \n the meaning given the terms in section 215.\n ``(2) Electric capacity resource.--The term `electric \n capacity resource' means an electric generating resource, as \n measured by the maximum load-carrying ability of the resource, \n exclusive of station use and planned, unplanned, or other \n outage or derating.\n ``(3) Regional reliability coordinator.--The term `regional \n reliability coordinator' has the meaning given the term \n `reliability coordinator' (as defined by the Electric \n Reliability Organization).\n ``(b) Electric Capacity Resources Report.--\n ``(1) Notice.--Not later than 14 days after the date of \n enactment of this section, the Commission shall submit to each \n transmission organization with a tariff on file with the \n Commission that includes provisions addressing the procurement \n of electric capacity resources notice that the transmission \n organization is required to file with the Commission a report \n in accordance with paragraph (2).\n ``(2) Report.--Not later than 180 days after the date on \n which a transmission organization receives a notice under \n paragraph (1), the transmission organization shall submit to \n the Commission a report that--\n ``(A)(i) identifies electric capacity resources \n that are available to the transmission organization as \n of the date of the report; and\n ``(ii) describes the fuel sources and operational \n characteristics of each electric capacity resource \n identified under clause (i);\n ``(B) evaluates, using generally accepted metrics, \n the financial health, viability, and projected \n remaining years of service of the available electric \n capacity resources identified under subparagraph \n (A)(i);\n ``(C) identifies--\n ``(i) over the short- and long-term periods \n in the planning cycle of the transmission \n organization, announced and projected \n retirements of the available electric capacity \n resources;\n ``(ii) the projected future needs of the \n transmission organization for electric capacity \n resources; and\n ``(iii) the availability of transmission \n facilities and transmission support services \n necessary to provide for the transmission \n organization reasonable assurances of essential \n reliability services, including adequate \n voltage support;\n ``(D) assesses the current and projected status of \n the reliability of the elements of the bulk-power \n system under the control of the transmission \n organization, over the short- and long-term periods in \n the planning cycle of the transmission organization \n (including the current and projected status of electric \n capacity resources), as determined by the regional \n reliability coordinator that has been designated by the \n Electric Reliability Organization to have oversight \n over the bulk-power system elements under the control \n of the transmission organization; and\n ``(E) prior to the submission of the report, has \n been made available to members of the transmission \n organization and to the public for comment.\n ``(c) Tariff Amendments.--\n ``(1) In general.--Not later than 180 days after the date \n on which the Commission receives a report submitted under \n subsection (b), the transmission organization that submitted \n the report shall file with the Commission--\n ``(A) 1 or more tariff amendments that would \n achieve each of the objectives described in paragraph \n (2) with respect to the transmission organization; and\n ``(B) supporting information that demonstrates the \n manner in which the amendments would achieve each of \n those objectives, taking into account the report \n submitted under subsection (b)(2).\n ``(2) Objectives.--The objectives referred to in paragraph \n (1) are the following:\n ``(A) A diverse generation portfolio and the \n availability of transmission facilities and \n transmission support services necessary to provide \n reasonable assurances of a continuous supply of \n electricity for customers of the transmission \n organization at the proper voltage and frequency.\n ``(B) An enhanced opportunity for self-supply of \n electric capacity resources by electric cooperatives, \n Federal power marketing agencies, and State utilities \n with a service obligation (as those terms are defined \n in section 217(a)), with the term `self-supply' to be \n defined in the supporting information filed under \n paragraph (1).\n ``(C) A reasonable assurance of short- and long-\n term reliability, with the terms `short-term \n reliability' and `long-term reliability' to be defined \n by the applicable regional reliability coordinator \n referred to in subsection (b)(2)(D).\n ``(D) A reasonable likelihood of prudent investment \n in, and adequate fuel supply for, existing and future \n electric capacity resources over the short- and long-\n term periods in the planning cycle identified in the \n applicable report submitted under subsection (b)(2).''.\n\nSEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR \n EMERGENCY.\n\n Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is \namended--\n (1) in the first sentence, by striking ``(c) During'' and \n inserting the following:\n ``(c) Authorization During War or Emergency.--\n ``(1) In general.--During''; and\n (2) by adding at the end the following:\n ``(2) No liability.--Any person subject to an order issued \n under this subsection shall not be liable for actions carried \n out in compliance with the order.''.","summary":"Continuity of Electric Capacity Resources Act This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources. Report contents must: identify electric capacity resources available to the transmission organization. Describe the fuel sources and operational characteristics of each electric capacity resource. Evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources. And assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control. Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers. The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency.","title":"Continuity of Electric Capacity Resources Act","text_len":7470,"sum_len":1296} {"bill_id":"104_hr1072","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Urban Entrepreneurial Opportunities \nAct''.\n\nSEC. 2. TAX INCENTIVES FOR URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING \n SUBSIDIARIES.\n\n (a) General Rule.--Part VIII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to special deductions for \ncorporations) is amended by adding at the end thereof the following new \nsubpart:\n\n ``Subpart B--Tax Incentives for Urban Entrepreneurial Opportunity \n Financing Subsidiaries\n\n ``Sec. 251. Deduction for equity \n contributions to urban \n entrepreneurial opportunity \n financing subsidiaries.\n ``Sec. 252. Overall limitation on \n deductions.\n ``Sec. 253. Definitions and special \n rules.\n\n``SEC. 251. DEDUCTION FOR EQUITY CONTRIBUTIONS TO URBAN ENTREPRENEURIAL \n OPPORTUNITY FINANCING SUBSIDIARIES.\n\n ``(a) General Rule.--In the case of a qualified contributing \ncorporation, there shall be allowed as a deduction an amount equal to \nthe equity contributions made by such corporation to an urban \nentrepreneurial opportunity financing subsidiary of such corporation. \nSuch deduction shall be allowed for the taxable year of the \ncontributing corporation in which the equity contribution is used by \nthe subsidiary in making qualified enterprise zone business loans.\n ``(b) Limitation.--The amount allowed as a deduction under \nsubsection (a) to any qualified contributing corporation for any \ntaxable year shall not exceed the lesser of--\n ``(1) $10,000,000, or\n ``(2) the portion of the program limitation allocated to \n such corporation under section 252 to the extent the amount so \n allocated was not used in a prior taxable year.\n ``(c) Equity Contribution.--For purposes of this section, the term \n`equity contribution' means--\n ``(1) any amount paid in cash for stock in an urban \n entrepreneurial opportunity financing subsidiary of the \n corporation if such stock is acquired at its original issuance, \n and\n ``(2) any contribution in cash to the capital of an urban \n entrepreneurial opportunity financing subsidiary of the \n corporation.\n ``(d) Recapture Provisions.--\n ``(1) Basis adjustment.--The adjusted basis of any stock \n held by a corporation in an urban entrepreneurial opportunity \n financing subsidiary of such corporation shall be reduced by \n the amount allowed as a deduction under subsection (a) in \n connection with the acquisition of such stock. No increase in \n the basis of any such stock shall be made on account of any \n contribution to the capital of such subsidiary for which a \n deduction is allowed under subsection (a).\n ``(2) Ordinary income recapture.--Any gain recognized on \n the sale or other disposition by a corporation of stock in an \n urban entrepreneurial opportunity financing subsidiary of such \n corporation shall be treated as ordinary income.\n ``(3) Certain events treated as dispositions.--If any urban \n entrepreneurial opportunity financing subsidiary of a \n corporation ceases to qualify as an urban entrepreneurial \n opportunity financing subsidiary with respect to such \n corporation, such corporation shall recognize gain as if it \n sold its stock in such subsidiary for an amount equal to its \n fair market value immediately before such cessation.\n\n``SEC. 252. OVERALL LIMITATION ON DEDUCTIONS.\n\n ``(a) General Rule.--The Secretary of Housing and Urban Development \nshall allocate the program limitation among the qualified contributing \ncorporations submitting applications to such Secretary for allocations \nunder this section.\n ``(b) Program Limitation.--The program limitation is $250,000,000.\n ``(c) Method of Making Allocations.--The Secretary of Housing and \nUrban Development shall prescribe regulations setting forth the \nprocedures for making allocations under this section. Such procedures \nshall--\n ``(1) include the criteria used in selecting the \n corporations to which the allocations are made, and\n ``(2) be designed to ensure a reasonable availability, on a \n geographical basis, of the benefits of this subpart.\n\n``SEC. 253. DEFINITIONS AND SPECIAL RULES.\n\n ``(a) Qualified Contributing Corporation.--For purposes of this \nsubpart, the term `qualified contributing corporation' means any \ndomestic corporation which is not a small business concern; except that \nsuch term shall not include any corporation predominantly engaged in a \nbanking, insurance, finance, or similar business.\n ``(b) Urban Entrepreneurial Opportunity Financing Subsidiary.--For \npurposes of this subpart, the term `urban entrepreneurial opportunity \nfinancing subsidiary' means any domestic corporation--\n ``(1) all the stock of which (exclusive of directors' \n qualifying shares) is held directly by one qualified \n contributing corporation, and\n ``(2) all the activities of which consist of--\n ``(A) making qualified enterprise zone business \n loans,\n ``(B) providing management, administrative, \n consulting, and other support services to qualified \n small business concerns to which such corporation has \n made qualified enterprise zone business loans, and\n ``(C) making temporary investments (for a period \n not exceeding 6 months) of amounts being held for \n purposes of making qualified enterprise zone business \n loans.\n ``(c) Qualified Enterprise Zone Business Loans.--For purposes of \nthis subpart, the term `qualified enterprise zone business loan' means \nany loan made by an urban entrepreneurial opportunity financing \nsubsidiary if--\n ``(1) such loan is made to a qualified small business \n concern and such concern is not related (within the meaning of \n section 267(b) or 707(b)) to such subsidiary or the qualified \n contributing corporation holding such subsidiary,\n ``(2) the proceeds of such loan are used by such qualified \n small business concern in the active conduct of a trade or \n business in an urban enterprise zone,\n ``(3) the urban entrepreneurial opportunity financing \n subsidiary provides (without charge) substantial qualified \n services to the qualified small business concern in connection \n with such loan, except that such small business concern may \n waive the requirements of this paragraph, and\n ``(4) the interest on such loan does not exceed--\n ``(A) in the case of a secured loan, the prime rate \n plus 3 percentage points, or\n ``(B) in the case of any other loan, the prime rate \n plus 8 percentage points.\n ``(d) Qualified Small Business Concern.--For purposes of this \nsubpart, the term `qualified small business concern' means any person \nif--\n ``(1) such person is a small business concern within the \n meaning of section 3 of the Small Business Act (15 U.S.C. 632), \n and\n ``(2) substantially all of the activities of such person \n are within an urban enterprise zone.\n ``(e) Other Definitions and Special Rules.--\n ``(1) Urban enterprise zone.--For purposes of this subpart, \n the term `urban enterprise zone' means--\n ``(A) any urban area designated as an enterprise \n zone under any State law program, and\n ``(B) any urban area designated as an enterprise \n zone under Federal law.\n ``(2) Substantial qualified services.--For purposes of this \n subpart, the term `substantial qualified services' means, with \n respect to any loan made by an urban entrepreneurial \n opportunity financing subsidiary, any management, \n administrative, consulting, or other support services provided \n to the borrower under such loan, but only if the amount of such \n services, to be provided during the first year such loan is \n outstanding involve at least 1,000 man-hours for each $100,000 \n principal amount of such loan.\n ``(3) Prime rate.--For purposes of this subpart--\n ``(A) In general.--The term `prime rate' means the \n average predominant prime rate quoted by commercial \n banks to large businesses, as determined by the Board \n of Governors of the Federal Reserve System.\n ``(B) When determination made.--\n ``(i) Except as provided in clause (ii), \n the determination of the prime rate shall be \n made as of the time the loan is made.\n ``(ii) If the loan is a variable rate loan, \n the prime rate taken into account with respect \n to any change in rate shall be determined as of \n the time such change takes effect.\n ``(4) Treatment of controlled groups.--Any group of \n corporations treated as a single employer under section 52 (a) \n or (b) shall be treated as one corporation for purposes of this \n subpart.\n ``(f) Employees of Borrower May Be Taken Into Account for Certain \nPurposes.--If--\n ``(1) a qualified contributing corporation has provided \n financing through an urban entrepreneurial opportunity \n financing subsidiary to any qualified small business concern, \n and\n ``(2) such qualified small business concern designates such \n subsidiary as its primary lender,\nsuch qualified contributing corporation may treat the employees of such \nqualified small business concern as its own employees for purposes of \ndetermining which such qualified contributing corporation is in \ncompliance with the requirements of any Federal law. A qualified small \nbusiness concern may designate only 1 urban entrepreneurial opportunity \nfinancing subsidiary is its primary lender for any period.''\n (b) Clerical Amendment.--Part VIII of subchapter B of chapter 1 of \nsuch Code is amended by inserting after the part heading the following:\n\n ``Subpart A--General provisions.\n ``Subpart B--Tax incentives for urban \n entrepreneurial opportunity \n financing subsidiaries.\n\n ``Subpart A--General Provisions''.\n\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","summary":"Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.","title":"Urban Entrepreneurial Opportunities Act","text_len":11265,"sum_len":507} {"bill_id":"110_hr6816","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Facility and Material \nSecurity Act of 2008''.\n\nSEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIRCRAFT IMPACT.\n\n (a) Final Rule.--Not later than 1 year after the date of enactment \nof this Act, the Nuclear Regulatory Commission shall issue a final rule \nrequiring all commercial nuclear power reactors approved for \nconstruction after such date of enactment to be designed to withstand a \nlarge commercial aircraft impact. Such rule shall address the \nstructural response, shock and vibration effects, and fire effects of \nthe impact.\n (b) Required Design Features.--Such final rule shall require design \nfeatures to ensure that--\n (1) important safety functions will operate for a \n sufficient period of time after the impact of a large \n commercial aircraft so that the unit can be safely shut down \n and maintained in safe shutdown condition; and\n (2) the consequences of the impact will not result in a \n release of radioactive materials to the environment that causes \n a member of the surrounding community to receive a dose that \n triggers an evacuation recommendation, consistent with the \n levels established by the Environmental Protection Agency and \n the Public Protection Action Guide Limit for Evacuation and \n Shelter (EPA 400-R-92-001).\n\nSEC. 3. SPENT FUEL SECURITY ENHANCEMENTS.\n\n (a) Storage Rule.--Not later than 18 months after the date of \nenactment of this Act, the Nuclear Regulatory Commission shall issue a \nfinal rule requiring--\n (1) the configuration of spent fuel assemblies stored in \n spent fuel pools to minimize the risk of fire in the event the \n spent fuel pools are drained during an accident or terrorist \n attack;\n (2) spent nuclear fuel to be transferred from a spent fuel \n pool into dry cask storage at the earliest possible time that \n the heat load of the spent fuel material allows for such \n transfer to occur safely; and\n (3) mitigation features such as water-spray systems to cool \n spent fuel in the event spent fuel pools are drained during an \n accident or terrorist attack.\n (b) Independent Installation Security.--\n (1) Rulemaking requirement.--Not later than 1 year after \n the date of enactment of this Act, the Nuclear Regulatory \n Commission shall issue an Independent Spent Fuel Storage \n Installation security final rule that makes such installations \n subject to the security evaluation requirements of section 170D \n of the Atomic Energy Act of 1954 (42 U.S.C. 2210d).\n (2) Design basis threat.--The rule issued under paragraph \n (1) shall provide for incorporating Independent Spent Fuel \n Storage Installations into the design basis threat rule issued \n under section 170E of the Atomic Energy Act of 1954 (42 U.S.C. \n 2210e).\n\nSEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM ON NUCLEAR \n FACILITIES.\n\n The Nuclear Regulatory Commission shall consider the likely \nconsequences of a potential terrorist attack in any review it is \nrequired to undertake under the National Environmental Policy Act of \n1969 (42 U.S.C. 4321 et seq.).\n\nSEC. 5. POTASSIUM IODIDE.\n\n (a) Repeal of Waiver Authority.--Section 127(f) of the Public \nHealth Security and Bioterrorism Preparedness and Response Act of 2002 \n(42 U.S.C. 300hh-12 note) is repealed.\n (b) Jurisdictional Authority.--The Secretary of Health and Human \nServices shall exercise all Federal authority over the distribution of \npotassium iodide as a medical prophylaxis for radiological exposure in \nhumans, including all activities under section 127 of the Public Health \nSecurity and Bioterrorism Preparedness and Response Act of 2002 (42 \nU.S.C. 300hh-12 note).\n (c) NAS Studies.--Not later than June 30, 2011, and at least once \nevery 5 years thereafter, the Secretary of Health and Human Services \nshall enter into an arrangement with the National Academy of Sciences \nfor studies on appropriate emergency response plans to nonroutine \nreleases of radioactive materials, including from nuclear power plants, \nspent fuel storage facilities, radiological dispersal devices, and \nimprovised nuclear explosive devices. Such studies shall address \nevacuation, sheltering, food interdiction, and medical prophylaxes for \nradioiodine and other radioisotopes that are released in such events. \nSuch studies shall--\n (1) review relevant evacuations and food interdictions of \n the preceding five-year period for lessons learned;\n (2) identify the population that would be exposed by the \n release and evaluate the potential consequences of such \n exposure;\n (3) recommend best practices for emergency response to \n radiological releases; and\n (4) evaluate new research on medical prophylaxes for \n radioiodine and other radioisotopes released in such events and \n recommend whether additional medical prophylaxes should be \n procured for the Strategic National Stockpile or State and \n local stockpiles.\n (d) Secretary's Actions.--Based on the findings of the studies \nconducted under subsection (c), the Secretary of Health and Human \nServices shall--\n (1) consider the advisability of procurement for the \n Strategic National Stockpile, and distribution to State and \n local governments, of medical prophylaxes other than potassium \n iodide, against radioiodine and other radiological byproducts; \n and\n (2) update the Federal potassium iodide distribution \n guidelines, including with lessons learned from evacuation \n events, as necessary.\n (e) Guidelines.--Section 127(c) of the Public Health Security and \nBioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 \nnote) is amended to read as follows:\n ``(c) Guidelines.--Not later than 60 days after the date of \nenactment of the Nuclear Facility and Material Security Act of 2008, \nthe Secretary of Health and Human Services, in consultation with \nindividuals representing appropriate Federal, State, and local \nagencies, shall establish guidelines for the stockpiling of potassium \niodide tablets, and for the distribution and utilization of potassium \niodide tablets in the event of a nuclear incident.''.\n\nSEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND REVIEW ACTIVITIES.\n\n Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 \net seq.) is amended by adding at the end the following:\n\n ``audit of safety and security analysis and review activities\n\n ``Sec. 213. (a) There shall be established within the Office of \nthe Inspector General of the Commission a unit with appropriate and \nadequate technical staff, including degreed engineers with nuclear \npower plant experience, which shall audit the Commission's regulatory \noversight activities related to safety and security of civilian nuclear \nfacilities.\n ``(b) There are authorized to be appropriated to the Commission, \nfor carrying out this Act, such sums as may be necessary.''.\n\nSEC. 7. RADIATION SOURCE PROTECTION.\n\n (a) Categorization of Radiation Sources.--Section 170H f. of the \nAtomic Energy Act of 1954 (42 U.S.C. 2210h(f)) is amended by adding at \nthe end the following new paragraph:\n ``(4) Not later than 1 year after the date of the enactment of this \nparagraph, the task force shall--\n ``(A) complete an evaluation of the materials listed in the \n Code of Conduct;\n ``(B) make recommendations to amend the Commission's \n regulatory requirements for certain radiation sources or \n activity levels of certain radiation sources to account for--\n ``(i) risks associated with the deliberate \n dispersal of those materials from radiation sources, \n including dispersal for the purpose of causing the \n ingestion or inhalation of those materials; and\n ``(ii) the radiation source's potential to cause \n contamination of large areas, or economic and social \n disruption that could result from a terrorist attack; \n and\n ``(C) designate additional radiation sources for which the \n risks described in subparagraph (B)(i) and (ii) are \n particularly high as high-risk radiation sources for purposes \n of section 2(e) of the Nuclear Facility and Material Security \n Act of 2008.\nUpon completion of the recommendations under this paragraph, the \nCommission shall implement those recommendations by regulation.''.\n (b) Transportation of Radiation Sources.-- Not later than 18 months \nafter the date of enactment of this Act, the Nuclear Regulatory \nCommission shall publish a final rule revising its regulations on the \nsecurity requirements for the transportation of Category 1, 2, and 3 \nsources (as defined in the Code of Conduct referred to in section 170H \na.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))), \nincluding a requirement that shipments of Category 1, 2, and 3 sources \nbe equipped with covert technology that would enable location tracking \nand recovery in the event the shipments or sources are stolen or \ndiverted.\n (c) Radiation Source Licensing.--Not later than 18 months after the \ndate of enactment of this Act, the Nuclear Regulatory Commission shall \nissue a final rule requiring carriers and transporters transporting \nwithin the United States radiation sources (as defined in section 170H \na.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(2))) to be \nlicensed by the Commission.\n (d) National Radiation Source Tracking System.--Not later than 2 \nyears after the date of enactment of this Act, the Nuclear Regulatory \nCommission shall issue a final rule, pursuant to its authority to \npromote or protect the common defense and security under section 161 of \nthe Atomic Energy Act of 1954 (42 U.S.C. 2201), and in a manner that \nmaximizes the use of appropriate State government capabilities, to \nrevise Commission regulations with respect to the National Source \nTracking System to require technologies and systems that can provide \nreal-time tracking and enable locating--\n (1) Category 1, 2, and 3 sources (as defined in the Code of \n Conduct referred to in section 170H a.(1) of the Atomic Energy \n Act of 1954 (42 U.S.C. 2210h(a)(1))); and\n (2) radiation sources with \\1\/10\\ or more of the activity \n threshold of such Category 3 sources.\n (e) High-Risk Radiation Sources Security and Replacement.--\n (1) Rule.--Not later than 2 years after the date of \n enactment of this Act, the Nuclear Regulatory Commission shall \n issue a final rule, pursuant to its authority to promote or \n protect the common defense and security under section 161 of \n the Atomic Energy Act of 1954 (42 U.S.C. 2201), to establish \n requirements leading to the replacement of all high-risk \n radiation sources. Such rule shall include provisions that--\n (A) discontinue licensing for each application of \n new high-risk radiation sources as soon as is \n practicable, but in no event later than 10 years after \n the date of enactment of this Act, unless \n technologically feasible alternatives are not \n available;\n (B) prescribe a new license fee structure, or other \n means of guaranteeing the availability of funds, for \n any new licenses of high-risk radiation sources to \n ensure that the costs of disposition of the high-risk \n radiation sources will be covered;\n (C) provide for incentives for decommissioning and \n replacing existing high-risk radiation sources;\n (D) prohibit the export of high-risk radiation \n sources to other countries; and\n (E) prescribe enhanced security measures for \n existing high-risk radiation sources.\n (2) Task force recommendations.--Not later than 4 years \n after the initial rule is issued under paragraph (1) or any \n update is issued under paragraph (3), the Task Force on \n Radiation Source Protection and Security established under \n section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. \n 2210h(f)) shall review the rule or update and make \n recommendations for appropriate modifications to the rule or \n update to account for--\n (A) the emergence of new technologies that can be \n used to replace high-risk radiation sources; and\n (B) new security threats or intelligence \n information regarding the risk of a deliberate attack \n using these radiation sources.\n (3) Nuclear regulatory commission review.--Taking into \n consideration the recommendations of the task force under \n paragraph (2), the Commission shall review and update the rule \n issued under paragraph (1) not less frequently than once every \n 5 years to account for--\n (A) the emergence of new technologies that can be \n used to replace high-risk radiation sources; and\n (B) new security threats or intelligence \n information regarding the risk of a deliberate attack \n using these radiation sources.\n (4) Authorization of appropriations.--There are authorized \n to be appropriated to the Nuclear Regulatory Commission for \n carrying out paragraph (1)(C) such sums as may be necessary for \n the fiscal years 2009 through 2013.\n (5) Department of energy program.--There are authorized to \n be appropriated to the Secretary of Energy $50,000,000 for the \n period encompassing fiscal years 2009 through 2018 for the \n acceptance, storage, and disposition of high-risk radiation \n sources by the Department's United States Radiological Threat \n Reduction Program.\n (6) Definition.--For purposes of this subsection, the term \n ``high-risk radiation source'' means cesium chloride and any \n other radiation source that is designated by the Task Force on \n Radiation Source Protection and Security under section 170H \n f.(4)(C) of the Atomic Energy Act of 1954 (42 U.S.C. \n 2210h(f)(4)(C)).","summary":"Nuclear Facility and Material Security Act of 2008 - Directs the Nuclear Regulatory Commission (NRC) to issue a final rule requiring: (1) all commercial nuclear power reactors approved for construction after enactment of this Act to be designed to withstand a large commercial aircraft impact. And (2) certain spent fuel security enhancements. Directs the NRC to issue an Independent Spent Fuel Storage Installation security final rule that: (1) makes such installations subject to specified security evaluation requirements of the Atomic Energy Act of 1954. And (2) incorporates such installations into a certain design basis threat rule. Requires the NRC to consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969. Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to repeal the statement that certain requirements to make potassium iodide tablets available to state and local governments for stockpiling shall cease to apply if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants. Vests the Secretary of Health and Human Services with all federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans. Directs the Secretary to arrange with the National Academy of Sciences (NAS) for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices. Directs the Secretary to establish guidelines for the stockpiling and distribution of potassium iodide tablets in the event of a nuclear incident. Amends the Energy Reorganization Act of 1974 to establish within the Office of the Inspector General of the NRC a unit with appropriate and adequate technical staff with nuclear power plant experience to audit NRC regulatory oversight regarding civilian nuclear facilities. Amends the Atomic Energy Act of 1954 to require the NRC to promulgate final rules governing radiation source protection measures. Directs the NRC to publish final rules: (1) revising regulations on security requirements for transportation of radiation sources. (2) requiring carriers and transporters transporting radiation sources within the United States to be licensed by the NRC. (3) revising National Source Tracking System regulations to require technologies and systems that can provide real-time tracking and enable locating of specified radiation sources. And (4) establishing requirements leading to the replacement of all high-risk radiation sources. Authorizes appropriations for the acceptance, storage, and disposition of high-risk radiation sources by the Department of Energy United States Radiological Threat Reduction Program.","title":"To provide for upgrading security at civilian nuclear facilities and of nuclear materials that could be used to construct a dirty bomb.","text_len":14817,"sum_len":3054} {"bill_id":"113_hr2274","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Mergers, \nAcquisitions, Sales, and Brokerage Simplification Act of 2014''.\n\nSEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.\n\n Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. \n78o(b)) is amended by adding at the end the following:\n ``(13) Registration exemption for merger and acquisition \n brokers.--\n ``(A) In general.--Except as provided in \n subparagraph (B), an M&A broker shall be exempt from \n registration under this section.\n ``(B) Excluded activities.--An M&A broker is not \n exempt from registration under this paragraph if such \n broker does any of the following:\n ``(i) Directly or indirectly, in connection \n with the transfer of ownership of an eligible \n privately held company, receives, holds, \n transmits, or has custody of the funds or \n securities to be exchanged by the parties to \n the transaction.\n ``(ii) Engages on behalf of an issuer in a \n public offering of any class of securities that \n is registered, or is required to be registered, \n with the Commission under section 12 or with \n respect to which the issuer files, or is \n required to file, periodic information, \n documents, and reports under subsection (d).\n ``(C) Rule of construction.--Nothing in this \n paragraph shall be construed to limit any other \n authority of the Commission to exempt any person, or \n any class of persons, from any provision of this title, \n or from any provision of any rule or regulation \n thereunder.\n ``(D) Definitions.--In this paragraph:\n ``(i) Control.--The term `control' means \n the power, directly or indirectly, to direct \n the management or policies of a company, \n whether through ownership of securities, by \n contract, or otherwise. There is a presumption \n of control for any person who--\n ``(I) is a director, general \n partner, member or manager of a limited \n liability company, or officer \n exercising executive responsibility (or \n has similar status or functions);\n ``(II) has the right to vote 20 \n percent or more of a class of voting \n securities or the power to sell or \n direct the sale of 20 percent or more \n of a class of voting securities; or\n ``(III) in the case of a \n partnership or limited liability \n company, has the right to receive upon \n dissolution, or has contributed, 20 \n percent or more of the capital.\n ``(ii) Eligible privately held company.--\n The term `eligible privately held company' \n means a company that meets both of the \n following conditions:\n ``(I) The company does not have any \n class of securities registered, or \n required to be registered, with the \n Commission under section 12 or with \n respect to which the company files, or \n is required to file, periodic \n information, documents, and reports \n under subsection (d).\n ``(II) In the fiscal year ending \n immediately before the fiscal year in \n which the services of the M&A broker \n are initially engaged with respect to \n the securities transaction, the company \n meets either or both of the following \n conditions (determined in accordance \n with the historical financial \n accounting records of the company):\n ``(aa) The earnings of the \n company before interest, taxes, \n depreciation, and amortization \n are less than $25,000,000.\n ``(bb) The gross revenues \n of the company are less than \n $250,000,000.\n ``(iii) M&A broker.--The term `M&A broker' \n means a broker, and any person associated with \n a broker, engaged in the business of effecting \n securities transactions solely in connection \n with the transfer of ownership of an eligible \n privately held company, regardless of whether \n the broker acts on behalf of a seller or buyer, \n through the purchase, sale, exchange, issuance, \n repurchase, or redemption of, or a business \n combination involving, securities or assets of \n the eligible privately held company, if the \n broker reasonably believes that--\n ``(I) upon consummation of the \n transaction, any person acquiring \n securities or assets of the eligible \n privately held company, acting alone or \n in concert, will control and, directly \n or indirectly, will be active in the \n management of the eligible privately \n held company or the business conducted \n with the assets of the eligible \n privately held company; and\n ``(II) if any person is offered \n securities in exchange for securities \n or assets of the eligible privately \n held company, such person will, prior \n to becoming legally bound to consummate \n the transaction, receive or have \n reasonable access to the most recent \n year-end balance sheet, income \n statement, statement of changes in \n financial position, and statement of \n owner's equity of the issuer of the \n securities offered in exchange, and, if \n the financial statements of the issuer \n are audited, the related report of the \n independent auditor, a balance sheet \n dated not more than 120 days before the \n date of the offer, and information \n pertaining to the management, business, \n results of operations for the period \n covered by the foregoing financial \n statements, and material loss \n contingencies of the issuer.\n ``(E) Inflation adjustment.--\n ``(i) In general.--On the date that is 5 \n years after the date of the enactment of the \n Small Business Mergers, Acquisitions, Sales, \n and Brokerage Simplification Act of 2014, and \n every 5 years thereafter, each dollar amount in \n subparagraph (D)(ii)(II) shall be adjusted by--\n ``(I) dividing the annual value of \n the Employment Cost Index For Wages and \n Salaries, Private Industry Workers (or \n any successor index), as published by \n the Bureau of Labor Statistics, for the \n calendar year preceding the calendar \n year in which the adjustment is being \n made by the annual value of such index \n (or successor) for the calendar year \n ending December 31, 2012; and\n ``(II) multiplying such dollar \n amount by the quotient obtained under \n subclause (I).\n ``(ii) Rounding.--Each dollar amount \n determined under clause (i) shall be rounded to \n the nearest multiple of $100,000.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act and any amendment made by this Act shall take effect on \nthe date that is 90 days after the date of the enactment of this Act.\n\n Passed the House of Representatives January 14, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 - Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition (Mamp. A) brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company. Or (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Prohibits the construction of this Act to limit any other authority of the Securities and Exchange Commission (SEC) to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.","title":"Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014","text_len":10431,"sum_len":926} {"bill_id":"103_s671","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equitable Health Care for Severe \nMental Illnesses Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) American families should have health insurance \n protection for the costs of treating severe mental illnesses \n that is commensurate with the protection provided for other \n illnesses;\n (2) currently, many private health insurance policies and \n public insurance programs discriminate against persons with \n severe mental illnesses by providing more restrictive coverage \n for treatments of those illnesses compared to coverage provided \n for treatments of other medical problems;\n (3) many health insurance plans limit the number of days \n allowed for facility care or limit the number of outpatient \n visits allowed for the treatment of severe mental illnesses \n while providing no limit for the treatment of other physical \n illnesses;\n (4) only 21 percent of all health insurance policies \n provide inpatient coverage for severe mental illnesses \n comparable to coverage for other illnesses, and only 2 percent \n have comparable outpatient coverage;\n (5) only 2 percent of Americans with private health care \n coverage have policies that adequately and fairly cover severe \n mental illnesses;\n (6) over 60 percent of health maintenance and preferred \n provider organizations specifically exclude treatment for those \n with severe mental illnesses;\n (7) private health insurance provides some type of coverage \n for 64 percent of all individuals with severe mental illness, \n but provides only 46 percent of the annual expenditures \n required for the treatment of severe mental illnesses;\n (8) health care reform plans designed to make health care \n more accessible and affordable often incorporate the policies \n that are discriminatory with respect to persons with severe \n mental illnesses which now exist in common private health \n insurance plans;\n (9) unequal health insurance coverage contributes to the \n destructive and unfair stigmatization of persons with severe \n mental illnesses, illnesses that are beyond the control of the \n individuals, just like cancer, diabetes, and other serious \n physical health problems;\n (10) schizophrenia strikes more than 2,500,000 Americans \n over the course of their lifetimes, and approximately 30 \n percent of all hospitalized psychiatric patients in the United \n States suffer from this most disabling group of mental \n disorders;\n (11) left untreated, severe mental illnesses are some of \n the most disabling and destructive illnesses afflicting \n Americans;\n (12) studies have found that up to 90 percent of all \n persons who commit suicide suffer from a treatable severe \n mental illness, such as schizophrenia, depression, or manic \n depressive illness;\n (13) some 10 percent of all inmates, or 100,000 people, in \n prisons and jails in the United States suffer from \n schizophrenia or manic-depressive psychosis;\n (14) severe mental illness places an individual at high \n risk for homelessness, as approximately one-third of the \n Nation's 600,000 homeless persons suffer from severe mental \n illnesses;\n (15) many persons suffering from severe mental illnesses \n can be treated effectively but ignorance and stigma continue to \n prevent many mentally ill individuals from obtaining help;\n (16) seventy to 80 percent of those suffering from \n depression respond quickly to treatment and 80 percent of the \n victims of schizophrenia can be relieved of acute symptoms with \n proper medication;\n (17) about 95 percent of what is known about both normal \n and abnormal structure and function of the brain has been \n learned in the last 10 years, but millions of severely mentally \n ill people have yet to benefit from these startling research \n advances in clinical and basic neuroscience;\n (18) ensuring adequate health insurance coverage for the \n treatment of severe mental illnesses can reduce health and \n societal costs by as much as $2,200,000,000 annually by \n preventing more costly interventions in the lives of persons \n with untreated severe mental illnesses and by helping those \n with severe mental illnesses, many of whom are young adults, \n remain productive members of society; and\n (19) legislation to reform the health care system should \n not condone or perpetuate discrimination against persons with \n severe mental illnesses.\n\nSEC. 3. STATEMENT OF POLICY.\n\n (a) In General.--It is the policy of the United States that--\n (1) persons with severe mental illnesses must not be \n discriminated against in the health care system; and\n (2) health care coverage, whether provided through public \n or private health insurance or any other means of financing, \n must provide for the treatment of severe mental illnesses in a \n manner that is equitable and commensurate with that provided \n for other major physical illnesses.\n (b) Construction.--Subsection (a) shall not be construed to \npreclude the adoption of laws or policies requiring or providing for \nappropriate and equitable coverage for other mental health services.\n\nSEC. 4. NONDISCRIMINATORY AND EQUITABLE HEALTH CARE COVERAGE.\n\n With respect to persons with severe mental illnesses, to be \nconsidered nondiscriminatory and equitable under this Act, health care \ncoverage shall cover services that are essential to the effective \ntreatment of severe mental illnesses in a manner that--\n (1) is not more restrictive than coverage provided for \n other major physical illnesses;\n (2) provides adequate financial protection to the person \n requiring the medical treatment for a severe mental illness; \n and\n (3) is consistent with effective and common methods of \n controlling health care costs for other major physical \n illnesses.\n\nSEC. 5. COMMITMENT TO POLICY.\n\n It is the purpose of this Act to commit the Congress and the \nExecutive Branch to incorporating the policy set forth in section 3 \nthrough efforts, including the enactment of legislation, which are \nintended to improve access to or control the costs of health care.\n\nSEC. 6. DEFINITION.\n\n As used in this Act, the term ``severe mental illness'' means an \nillness that is defined through diagnosis, disability and duration, and \nincludes disorders with psychotic symptoms such as schizophrenia, \nschizoaffective disorder, manic depressive disorder, autism, as well as \nsevere forms of other disorders such as major depression, panic \ndisorder, and obsessive compulsive disorder.","summary":"Equitable Health Care for Severe Mental Illnesses Act of 1993 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care. And (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses. (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness. And (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses.","title":"Equitable Health Care for Severe Mental Illnesses Act of 1993","text_len":7213,"sum_len":966} {"bill_id":"115_hr6257","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Give Judge Venckiene Her Day in \nCourt Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Judge Neringa Venckiene fled to the United States in \n 2013 and requested political asylum after a 5-year battle in \n Lithuania to secure justice for her 4-year-old niece, Deimante \n Kedyte, who reported that she was being sexually molested by \n Lithuanian government officials while in her mother's care.\n (2) Deimante Kedyte's claims of sexual molestation were \n evaluated by court-ordered psychologists and psychiatrists and \n deemed to be credible.\n (3) Deimante Kedyte accused of sexual molestation an \n assistant to the Speaker of the Parliament and a sitting judge, \n both associates of her mother.\n (4) Judge Venckiene and Deimante Kedyte's father petitioned \n law enforcement and the courts for full investigation of \n Deimante's claims against the accused individuals, but believed \n the ensuing investigation to be negligent.\n (5) Lithuania's parliament (Legal and Judiciary Committees) \n issued a report in 2010 that deemed the investigation into \n Deimante Kedyte's sexual molestation accusations to be \n negligent and found that the negligence had compromised the \n case against the public officials.\n (6) After Deimante Kedyte's father went missing in 2009, \n Judge Venckiene was awarded guardianship of Deimante.\n (7) Deimante Kedyte's mother was never indicted for \n complicity in the sexual molestation despite a Vilnius District \n Court Ruling in October 2009 that there was enough evidence to \n indict her.\n (8) In December 2011, Judge Venckiene was ordered to give \n Deimante Kedyte, then 7 years old, back to her mother, but \n Deimante refused to return to her mother, indicating fear of \n sexual molestation.\n (9) Hundreds of Lithuanians kept vigil outside Judge \n Venckiene's house to prevent the Lithuanian Government from \n removing Deimante Kedyte.\n (10) In May 2012, the Lithuanian Government sent more than \n 200 police officers to take Deimante Kedyte from Judge \n Venckiene by force.\n (11) Deimante Kedyte clung to Judge Venckiene, was ripped \n from her, was carried away shrieking, and has completely \n disappeared from public view for the last 6 years.\n (12) The Lithuanian Government's action resulted in \n protests against the Lithuanian Government in Lithuania and at \n numerous Lithuanian embassies around the world, as well as in \n the United States when the Lithuanian President attended the \n NATO summit in Chicago in May 2012.\n (13) Judge Venckiene published a book entitled ``Way of \n Courage'' in 2012 about Deimante Kedyte's ordeal and \n Lithuania's failure to properly investigate and prosecute the \n case against the government officials.\n (14) ``Way of Courage'' became the name of a new, anti-\n corruption, anti-pedophilia political party in Lithuania, which \n elected Judge Venckiene to Lithuania's parliament in 2012.\n (15) Judge Venckiene sought political asylum in the United \n States in 2013 after she received threats and experienced what \n she believed was an attempt on her life following a political \n rally, and after the Lithuanian Government moved to lift Judge \n Venckiene's parliamentary immunity.\n (16) The Lithuanian Government has systematically \n prosecuted for ``false statements'' and other crimes the \n journalists, a medical professional, Deimante Kedyte's \n grandparents, Judge Venckiene's neighbor, people who attended \n rallies on her behalf, and many others who came forward with \n evidence or support of Deimante Kedyte's claims of sexual \n molestation or who opposed the violent removal of Deimante from \n Judge Venckiene.\n (17) Lithuania has leveled more than 35 charges against \n Judge Venckiene, including charges for filing petitions on \n behalf of Deimante Kedyte with Lithuania's courts and the \n Child's Rights Ombudsman, making statements critical of the \n investigation to journalists, describing in her book the sexual \n molestation case against and naming the public officials, \n involvement in ``unauthorized protests'', ``humiliating the \n court'', desecrating the national anthem, conducting her own \n investigation into the case, failing to turn Deimante over to \n the accused mother, bruising an officer, and kicking at \n Deimante's mother when the mother tried to remove Deimante.\n (18) The extradition treaty signed by the United States and \n the Republic of Lithuania on October 23, 2001, does not permit \n for Judge Venckiene to offer counter-evidence in United States \n court to any of Lithuania's charges against her or to make the \n case for political motivation.\n (19) A United States Magistrate Judge in April 2018 \n approved extradition for charges that Judge Venckiene hindered \n the activities of a bailiff, failed to comply with a court's \n decision not associated with a penalty, caused physical pain, \n and resisted against a civil servant or a person performing the \n functions of public administration--all charges related to \n Deimante Kedyte being taken from Judge Venckiene's home and \n returned to the accused mother.\n (20) Former political prisoners, as well as current and \n former government officials in Lithuania have written to the \n United States Government, warning that the Lithuanian \n Government's charges against Judge Venckiene are politically \n motivated.\n (21) The Chairman of the Supreme Court of Lithuania \n Gintaras Kryzevicius has been reported as publicly saying that \n Judge Venckiene ``is an abscess in the legal system and an \n abscess in the political system'' and ``the trouble of the \n whole state''.\n (22) Sweden, Ireland, Northern Ireland, Denmark, Malta, \n Ukraine, and Russia have all refused to extradite individuals \n to Lithuania.\n (23) Judge Venckiene can present evidence concerning the \n political motivation of Lithuania's charges against her before \n an immigration judge if she is excluded from the extradition \n treaty and allowed to proceed with her political asylum case, \n filed in 2013 and scheduled to be heard in July 2019.\n\nSEC. 3. EXCLUSION FROM EXTRADITION TREATY BETWEEN THE UNITED STATES OF \n AMERICA AND THE REPUBLIC OF LITHUANIA.\n\n (a) In General.--Notwithstanding any other provision of law, Judge \nNeringa Venckiene shall be excluded from extradition under the \nExtradition Treaty Between the Government of the United States of \nAmerica and the Government of the Republic of Lithuania, signed at \nVilnius on October 23, 2001, and entered into force on March 31, 2003 \n(as amended by the Protocol on the Application of the Agreement on \nExtradition between the Unites States of America and the European Union \nto the Extradition Treaty between the Government of the United States \nof America and the Government of the Republic of Lithuania, signed at \nBrussels on June 15, 2005, and entered into force on February 1, 2010), \nand excluded from all other laws allowing for her extradition to \nLithuania.\n (b) Political Asylum.--Judge Neringa Venckiene shall be permitted \nto remain in the United States until a final order is issued with \nrespect to her pending application for asylum.\n (c) Free Movement.--Judge Neringa Venckiene shall not be held in \nFederal or State prison or detention for any immigration-related or \nextradition-related offense and shall be allowed free movement and \ncontinued work permission until a final order is issued with respect to \nher pending application for asylum.","summary":"Provides for the relief of Judge Neringa Venckiene, who the Government of Lithuania seeks on charges related to her pursuit of justice against Lithuanian public officials accused of sexually molesting her young niece.","title":"Give Judge Venckiene Her Day in Court Act","text_len":8289,"sum_len":217} {"bill_id":"114_hr740","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Vehicles Incentive Act of \n2015''.\n\nSEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN \n NONATTAINMENT AREAS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN \n NONATTAINMENT AREAS.\n\n ``(a) In General.--For purposes of section 38, in the case of an \neligible business the clean-fuel credit determined under this section \nfor the taxable year is the sum of--\n ``(1) the clean-fuel property credit, plus\n ``(2) the clean-burning fuel use credit.\n ``(b) Clean-Fuel Property Credit.--\n ``(1) In general.--The clean-fuel property credit is the \n sum of--\n ``(A) qualified vehicle property costs, plus\n ``(B) qualified refueling property costs.\n ``(2) Qualified vehicle property costs.--\n ``(A) In general.--For purposes of paragraph (1), \n the term `qualified vehicle property costs' means the \n amount paid or incurred by the eligible business for \n qualified clean-fuel vehicle property which is placed \n in service during the taxable year by the eligible \n business and substantially all of the use of which is \n in a nonattainment area.\n ``(B) Limitation.--The amount which may be taken \n into account under subparagraph (A) with respect to any \n motor vehicle shall not exceed--\n ``(i) $8,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n not more than 8,500 pounds,\n ``(ii) $20,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 8,500 pounds but not more than 14,000 \n pounds,\n ``(iii) $40,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 14,000 pounds but not more than \n 26,000 pounds, and\n ``(iv) $80,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 26,000 pounds.\n ``(C) Qualified clean-fuel vehicle property.--The \n term `qualified clean-fuel vehicle property' shall have \n the meaning given to such term by section 179A(c) \n (without regard to paragraphs (1)(A) and (3) thereof), \n except that such term does not include property that is \n a motor vehicle propelled by a fuel that is not a \n clean-burning fuel.\n ``(3) Qualified refueling property costs.--\n ``(A) In general.--For purposes of paragraph (1), \n the term `qualified refueling property costs' means \n amounts paid or incurred by the eligible business for \n qualified clean-fuel vehicle refueling property (as \n defined by section 179A(d)) which is placed in service \n in a nonattainment area during the taxable year by the \n eligible business.\n ``(B) Limitation.--\n ``(i) In general.--The aggregate cost which \n may be taken into account under subparagraph \n (A) with respect to qualified clean-fuel \n vehicle refueling property placed in service by \n the eligible business during the taxable year \n at a location shall not exceed the lesser of--\n ``(I) $150,000, or\n ``(II) the cost of such property \n reduced by the amount described in \n clause (ii).\n ``(ii) Reduction for amounts previously \n taken into account.--For purposes of clause \n (i)(II), the amount described in this clause is \n the sum of--\n ``(I) the aggregate amount taken \n into account under paragraph (1)(B) for \n all preceding taxable years, and\n ``(II) the aggregate amount taken \n into account under section \n 179A(a)(1)(B) by the taxpayer (or any \n related person or predecessor) with \n respect to property placed in service \n at such location for all preceding \n taxable years.\n ``(iii) Special rules.--For purposes of \n this subparagraph, the provisions of \n subparagraphs (B) and (C) of section 179A(b)(2) \n shall apply.\n ``(c) Clean-Burning Fuel Use Credit.--\n ``(1) In general.--For purposes of subsection (a), the \n clean-burning fuel use credit is the amount equal to 50 cents \n for each gasoline gallon equivalent of clean-burning fuel used \n by an eligible business during the taxable year to propel \n qualified clean-fuel vehicle property.\n ``(2) Clean-burning fuel.--For purposes of paragraph (1), \n the term `clean-burning fuel' has the meaning given to such \n term by section 179A, except that such term includes compressed \n natural gas and biodiesel (as defined by section 40A(d)(1)).\n ``(3) Gasoline gallon equivalent.--For purposes of \n paragraph (1), the term `gasoline gallon equivalent' means, \n with respect to any clean burning fuel, the amount (determined \n by the Secretary) of such fuel having a Btu content of 114,000.\n ``(d) Other Definitions.--For purposes of this section--\n ``(1) Eligible business.--The term `eligible business' \n means--\n ``(A) a qualified business entity or a qualified \n proprietorship (as such terms are defined by section \n 1397C, determined by substituting `nonattainment area' \n for `empowerment zone' and `enterprise zone' each place \n it appears), and\n ``(B) a trade or business located outside of a \n nonattainment area, but only with respect to qualified \n clean-fuel vehicle property used substantially within a \n nonattainment area.\n ``(2) Nonattainment area.--The term `nonattainment area' \n shall have the meaning given to such term by section 171 of the \n Clean Air Act (42 U.S.C. 7501).\n ``(e) Denial of Double Benefit.--Except as provided in section \n30B(d)(4), no credit shall be allowed under subsection (a) for any \nexpense for which a deduction or credit is allowed under any other \nprovision of this chapter.\n ``(f) Recapture.--The Secretary shall, by regulations, provide for \nrecapturing the benefit under any credit allowable under subsection (a) \nwith respect to any property substantially all of the use of which is \nnot in a nonattainment area.''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of such Code (relating to current year business credit) is \namended by striking ``plus'' at the end of paragraph (35), by striking \nthe period at the end of paragraph (36) and inserting ``, plus'', and \nby adding at the end thereof the following new paragraph:\n ``(37) the clean-fuel credit determined under section \n 45S.''.\n (c) Denial of Double Benefit.--Section 280C of such Code (relating \nto certain expenses for which credits are allowable) is amended by \nadding at the end thereof the following new subsection:\n ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for \nthat portion of expenses for clean-burning fuel otherwise allowable as \na deduction for the taxable year which is equal to the amount of the \ncredit determined for such taxable year under section 45S.''.\n (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph \n(B) of section 38(c)(4) of such Code (relating to specified credits) is \namended by striking ``and'' at the end of clause (viii), by striking \nthe period at the end of clause (ix) and inserting ``, and'', and by \ninserting after clause (ix) the following:\n ``(x) the credit determined under section \n 45S.''.\n (e) Deduction for Certain Unused Business Credits.--Subsection (c) \nof section 196 of such Code is amended by striking ``and'' at the end \nof paragraph (13), by striking the period at the end of paragraph (14) \nand inserting ``, and'', and by adding after paragraph (14) the \nfollowing new paragraph:\n ``(15) the clean fuels credit determined under section \n 45S.''.\n (f) Conforming Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 45R the following new \nitem:\n\n``Sec. 45S. Clean-fuel credit with respect to businesses located in \n nonattainment areas.''.\n (g) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\nSEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT \n AREAS.\n\n (a) In General.--Subsection (d) of section 30B of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(4) Vehicles placed in service in nonattainment area \n after 2014.--\n ``(A) In general.--No amount shall be allowed as a \n credit determined under this subsection for any taxable \n year beginning after 2014 with respect to a new \n qualified hybrid motor vehicle unless such vehicle is \n placed in service by an eligible business and \n substantially all of the use of which is in a \n nonattainment area.\n ``(B) Recapture.--The Secretary shall, by \n regulations, provide for recapturing the benefit under \n any credit allowable under subsection (a) by reason of \n subparagraph (A) with respect to any property \n substantially all of the use of which is not in a \n nonattainment area.\n ``(C) Phaseout not to apply.--For purposes of this \n subsection, subsection (f) shall not apply.\n ``(D) Definitions.--For purposes of this \n subsection, the terms `eligible business' and \n `nonattainment area' have the meanings given such terms \n by section 45S(d).''.\n (b) Extension of Credit for Hybrid Vehicles Placed in Service in \nNonattainment Areas.--Paragraph (3) of section 30(k) of such Code is \namended to read as follows:\n ``(3) in the case of a new qualified hybrid motor vehicle \n (as described in subsection (d)(2)(B))--\n ``(A) December 31, 2009, and before January 1, \n 2015, or\n ``(B) December 31, 2014, and before January 1, \n 2020.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.","summary":"Clean Vehicles Incentive Act ofnbsp. 2015 Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows a new qualified hybrid motor vehicle tax credit for hybrid motor vehicles placed in service after December 31, 2014, by an eligible business if substantially all of the use of the vehicle is in a nonattainment area.","title":"Clean Vehicles Incentive Act of 2015","text_len":12070,"sum_len":517} {"bill_id":"111_hr5018","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Audit Reform Act of \n2010''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that the Director of the Office of \nManagement and Budget should follow the recommendations of the \nGovernment Accountability Office report entitled ``Single Audit: \nOpportunities Exist to Improve the Single Audit Process and Oversight'' \n(GAO-09-307R), issued March 13, 2009.\n\nSEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS.\n\n (a) Amendment to Single Audit Act.--\n (1) In general.--Chapter 75 of title 31, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 7508. Oversight and evaluation\n ``(a) Oversight and Evaluation.--The Director, or the head of the \noffice or entity designated by the Director under subsection (c), shall \nmonitor the risk, cost-benefit, efficiency, and effectiveness of the \nimplementation by Federal agencies of this chapter by--\n ``(1) evaluating such implementation governmentwide; and\n ``(2) identifying additional guidance and resources \n necessary to improve such implementation, including revisions \n to regulations, best practices, and processes.\n ``(b) Report.--The Director, or the head of the office or entity \ndesignated by the Director under subsection (c), shall submit to the \nCommittee on Homeland Security and Governmental Affairs of the Senate, \nthe Committee on Oversight and Government Reform of the House of \nRepresentatives, and the Comptroller General of the United States a \nreport that includes the findings under subsection (a). The report \nshall be submitted not later than September 30 of each year and shall \ncover the previous year.\n ``(c) Designation of Oversight Entity.--The Director of the Office \nof Management and Budget shall designate an office in the Office of \nManagement and Budget or another Federal entity to act on behalf of the \nDirector under subsection (a) and submit to the Committee on Homeland \nSecurity and Governmental Affairs of the Senate, the Committee on \nOversight and Government Reform of the House of Representatives, and \nthe Comptroller General of the United States a report that describes \nsuch office or entity and the resources made available to such office \nor entity to adequately implement the provisions of this section.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 75 of title 31, United States Code, is \n amended by inserting after the item relating to section 7507 \n the following new item:\n\n``7508. Oversight and evaluation.''.\n (b) Simplified Audit Process.--\n (1) Evaluation.--The Director, or the head of the office or \n entity designated by the Director under section 7508(c) of \n title 31, United States Code, shall evaluate the process for \n the single audit and the program-specific audit under chapter \n 75 of title 31, United States Code, to identify simplified \n alternatives for achieving the purposes of the Single Audit Act \n of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note) \n and the Single Audit Act Amendments of 1996 (Public Law 104-\n 156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of \n small recipients that also achieve the proper balance between \n risk and cost-effective accountability for small and large \n recipients.\n (2) Report.--Not later than 6 months after the date of the \n enactment of this Act, the Director, or the head of the office \n or entity designated by the Director under section 7508(c) of \n title 31, United States Code, shall submit to the Committee on \n Homeland Security and Governmental Affairs of the Senate, the \n Committee on Oversight and Government Reform of the House of \n Representatives, and the Comptroller General of the United \n States, a report on the results of the evaluation under \n paragraph (1).\n (3) Definitions.--In this subsection:\n (A) Director.--The term ``Director'' means the \n Director of the Office of Management and Budget.\n (B) Large recipient.--The term ``large recipient'' \n means a non-Federal entity that expends a total amount \n of Federal awards equal to or in excess of $300,000 or \n such other amount specified by the Director under \n section 7502(a)(3) of title 31, United States Code, in \n any fiscal year.\n (C) Non-federal entity.--The term ``non-Federal \n entity'' has the meaning given that term under section \n 7501 of title 31, United States Code.\n (D) Small recipient.--The term ``small recipient'' \n means a non-Federal entity that expends a total amount \n of Federal awards of less than $300,000 or such other \n amount specified by the Director under section \n 7502(a)(3) of title 31, United States Code, in any \n fiscal year.\n (c) Implementation of Recommendations To Improve Audit Quality.--\n (1) Evaluation.--The Director of the Office of Management \n and Budget shall evaluate the implementation of the \n recommendations made to the Office of Management and Budget by \n the President's Council on Integrity and Efficiency in the \n report entitled ``Report on National Single Audit Sampling \n Project,'' dated June 2007.\n (2) Report.--Not later than 6 months after the date of the \n enactment of this Act, the Director of the Office of Management \n and Budget shall submit to the Committee on Homeland Security \n and Governmental Affairs of the Senate, the Committee on \n Oversight and Government Reform of the House of \n Representatives, and the Comptroller General of the United \n States a report on the results of the evaluation under \n paragraph (1).\n (d) Deadline for Designation of Oversight Entity.--Not later than \n60 days after the date of the enactment of this Act, the Director of \nthe Office of Management and Budget shall designate an office in the \nOffice of Management and Budget or another Federal entity under section \n7508(c) of title 31, United States Code.","summary":"Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight (GAO-09-307R), issued March 13, 2009. Amends the Single Audit Act of 1984 to require the OMB Director to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide. And (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. Requires the OMB Director to designate an OMB office or another federal entity to act on OMB's behalf in such monitoring and reporting. Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled Report on National Single Audit Sampling Project, dated June 2007. Establishes a deadline for OMB to designate such oversight entity.","title":"To amend title 31, United States Code, to direct the Director of the Office of Management and Budget to improve oversight of the single audit process, and for other purposes.","text_len":6484,"sum_len":1831} {"bill_id":"105_hr4474","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Telecommunications Trust Act of \n1998''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to prevent the imposition of \nadditional telephone charges to support the provision of universal \ntelecommunications services by dedicating to such support the revenues \nof telephone excise taxes already in effect on the date of enactment of \nthis Act.\n\nSEC. 3. PROVISION OF UNIVERSAL SERVICES FROM APPROPRIATIONS OF EXCISE \n TAXES.\n\n (a) Amendment.--Section 254 of the Communications Act of 1934 (47 \nU.S.C. 254) is amended by adding at the end the following new \nsubsection:\n ``(l) Provision of Universal Services From Appropriations of Excise \nTaxes.--\n ``(1) Termination of contributions; exclusive source of \n funds.--The contributions of providers of interstate \n telecommunications services pursuant to subsections (b)(4) and \n (d) shall cease to be required for any period beginning on or \n after the date on which funds appropriated pursuant to \n paragraph (2) of this subsection are first available for \n Federal universal service support. The Commission may continue \n to distribute any balances of such contributions that remain \n unallocated on such date, but, other than such balances, the \n funds appropriated under paragraph (2) shall constitute the \n exclusive source of funds for the provision of any type of \n Federal universal service support, including rural, high-cost, \n lifeline, programs under subsection (h), or any other program \n of Federal universal service support.\n ``(2) Authorization of appropriations.--There are \n authorized to be appropriated for fiscal year 1999 and each of \n the 5 succeeding fiscal years, from the Telecommunications \n Trust Fund established by section 9511 of the Internal Revenue \n Code, such sums as may be necessary to provide Federal \n universal service support pursuant to this section, including \n support pursuant to subsection (h) of this section.\n ``(3) Availability on school year basis.--Appropriations \n for any fiscal year that are available to carry out subsection \n (h) may, in accordance with regulations of the Commission, be \n made available for obligation by the recipient on the basis of \n an academic or school year differing from such fiscal year. \n Notwithstanding any other provision of law, unless enacted in \n specific limitation of the provisions of this subsection, any \n funds from such appropriations during any fiscal year which are \n not obligated and expended prior to the beginning of the fiscal \n year succeeding the fiscal year for which such funds were \n appropriated shall remain available for obligation and \n expenditure during such succeeding fiscal year.\n ``(4) Apportionment of funds.--Funds from any such \n appropriation shall be apportioned in accordance with \n regulations prescribed by the Commission to carry out the \n purposes of this section.''.\n (b) Conforming Amendment.--Section 254(d) of such Act is amended by \nadding at the end the following: ``This subsection and subsection \n(b)(4) shall cease to be effective on the date described in subsection \n(l)(1).''.\n\nSEC. 4. ADVANCED COMMUNICATIONS TRUST FUND.\n\n (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is \namended by inserting after section 9510 the following:\n\n``SEC. 9511. TELECOMMUNICATIONS TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the \n`Telecommunications Trust Fund', consisting of such amounts as may be \nappropriated or credited pursuant to this section or section 9602(b).\n ``(b) Transfer to Advanced Telecommunications Trust Fund Amounts \nEquivalent to Certain Taxes.--There are hereby appropriated to the \nTelecommunications Trust Fund amounts equivalent to 100 percent of the \ntaxes received in the Treasury after December 31, 1998, under section \n4251 (relating to tax on communications).\n ``(c) Expenditures From Advanced Telecommunications Trust Fund.--\nAmounts in the Telecommunications Trust Fund shall be available, as \nprovided in appropriations Acts, only to provide for Federal universal \nservice support mechanisms pursuant to section 254 of the \nCommunications Act of 1934.''.\n\nSEC. 5. EFFECTIVE DATES; TRANSITION.\n\n (a) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), this \n Act and the amendments made by this Act shall be effective on \n July 1, 1999.\n (2) Exceptions.--Notwithstanding paragraph (1)--\n (A) the authorization of appropriations in section \n 254(l)(2) of the Communications Act of 1934, as amended \n by section 3 of this Act, is effective upon enactment; \n and\n (B) the Federal Communications Commission may \n prescribe such regulations or take such other action as \n is necessary to the implementation of the amendments \n made by this Act at any time after such date of \n enactment.\n (b) Transition.--In order to effect a transition to the provision \nof telecommunications services in accordance with the amendments made \nby this Act, the Federal Communications Commission shall prescribe such \nregulations and take such other actions as may be necessary to provide \nfor the allocation or refund of unused universal service contributions \nand obligations.","summary":"Telecommunications Trust Act of 1998 - Amends the Communications Act of 1934 to state that contributions currently required of providers of interstate telecommunications services for the preservation and enhancement of universal telecommunications services shall no longer be required after the date on which appropriated funds are first available for Federal universal service support. Authorizes the Federal Communications Commission to continue to distribute balances of such contributions that remain available on such date. Authorizes appropriations for FY 1999 through 2004 from the Telecommunications Trust Fund to provide Federal universal service support, such funds to be the exclusive source of funding for such support. Allow such funds to be available on a school year basis in lieu of a fiscal year basis. Amends the Internal Revenue Code to establish the Telecommunications Trust Fund for the deposit of amounts appropriated for universal services support. Transfers to such Fund 100 percent of amounts received in the Treasury after December 31, 1998, as certain communications excise taxes. Makes Fund amounts available only to provide for Federal universal service support mechanisms.","title":"Telecommunications Trust Act of 1998","text_len":5742,"sum_len":1202} {"bill_id":"109_hr4332","text":"SECTION 1. EXTENSION OF FARM SECURITY AND RURAL INVESTMENT ACT OF 2002.\n\n (a) Crop Programs.--\n (1) Automatic one-year extension.--Every reference in title \n I of the Farm Security and Rural Investment Act of 2002 (Public \n Law 107-171; 7 U.S.C. 7901 et seq.), or in an amendment made by \n such title, to the 2007 crop year or the 2007 crop of a \n commodity shall be deemed to also cover the 2008 crop year and \n the 2008 crop of the same commodity. In the case of sections \n 1204(e)(1) and 1208(a) of such Act (7 U.S.C. 7934(e)(1), \n 7938(a)), the references to July 31, 2008, shall be deemed to \n be July 31, 2009.\n (2) Conditional additional year extension.--If the \n President does not submit to Congress implementing legislation \n with respect to the Doha Development Round of World Trade \n Organization negotiations by January 15, 2008--\n (A) every reference in title I of the Farm Security \n and Rural Investment Act of 2002, or in an amendment \n made by such title, that is deemed to cover the 2008 \n crop year or the 2008 crop of a commodity, by operation \n of paragraph (1), shall be deemed to instead cover the \n 2008 and 2009 crop years and the 2008 and 2009 crops of \n the same commodity; and\n (B) the references to July 31, 2008, in sections \n 1204(e)(1) and 1208(a) of such Act shall be deemed to \n be July 31, 2010.\n (b) Other Direct Spending Programs and Authorities.--\n (1) Automatic one-year extension.--For purposes of every \n direct spending program (as defined in section 250(c)(8) of the \n Balanced Budget and Emergency Deficit Control Act of 1985 (2 \n U.S.C. 900(c)(8))) or other authority established or amended by \n the Farm Security and Rural Investment Act of 2002 (Public Law \n 107-171), other than crop programs covered by subsection (a), \n every reference to 2007 with regard to such programs or \n authority shall be deemed to refer instead to 2008. The funding \n level, acreage level, or tonnage level (as the case may be) \n specified for such a program or authority in such Act, or in an \n amendment made by such Act, for fiscal year 2007 shall also \n apply for fiscal year 2008.\n (2) Conditional additional year extension.--If the \n President does not submit to Congress implementing legislation \n with respect to the Doha Development Round of World Trade \n Organization negotiations by January 15, 2008--\n (A) every reference in a direct spending program or \n other authority established or amended by the Farm \n Security and Rural Investment Act of 2002 that is \n deemed to be 2008 rather than 2007, by operation of \n paragraph (1), shall be deemed to instead refer to \n 2009; and\n (B) the funding level, acreage level, or tonnage \n level (as the case may be) for fiscal year 2007 for \n such a program or authority shall apply for both fiscal \n years 2008 and 2009.\n (c) Extension of Authorizations of Appropriations and Program \nTerminations.--\n (1) Automatic one-year extension.--Every authorization of \n appropriations contained in the Farm Security and Rural \n Investment Act of 2002 (Public Law 107-171), or in an amendment \n made by such Act, that would otherwise expire on September 30, \n 2007, shall be deemed to expire on September 30, 2008. Every \n reference in such Act or in an amendment made by such Act to \n the termination of a program or authority in 2007 shall be \n deemed to refer instead to 2008.\n (2) Conditional additional year extension.--If the \n President does not submit to Congress implementing legislation \n with respect to the Doha Development Round of World Trade \n Organization negotiations by January 15, 2008--\n (A) every authorization of appropriations contained \n in the Farm Security and Rural Investment Act of 2002, \n or in an amendment made by such Act, that is deemed to \n expire on September 30, 2008, by operation of paragraph \n (1), shall be deemed to expire on September 30, 2009; \n and\n (B) every reference to the termination of a program \n or authority specified in such Act, or in an amendment \n made by such Act, that is deemed to occur in 2008 \n rather than 2007, by operation of paragraph (1), shall \n be deemed to occur instead in 2009.\n (d) Exception.--This section does not apply with respect to peanut \nstorage costs under section 1307(a)(6) of the Farm Security and Rural \nInvestment Act of 2002 (7 U.S.C. 7957(a)(6)).","summary":"Provides for: (1) an automatic one-year extension of the authorization of appropriations for a crop year and direct spending programs and authorities of the Farm Security and Rural Investment Act of 2002. And (2) an additional one-year extension of them if the President does not submit implementing legislation to Congress with respect to the Doha Development Round of World Trade Organization (WTO) negotiations by January 15, 2008. Provides, with the exception of peanut storage costs, the same automatic one-year extension and additional one-year extension for: (1) authorizations of appropriations in the Act scheduled to expire on September 30, 2007. And (2) termination of a program or authority in calendar year 2007.","title":"To provide for an automatic one-year extension of the authorizations of appropriations and direct spending programs of the Farm Security and Rural Investment Act of 2002 and to provide for an additional one-year extension if implementing legislation is not submitted with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008, and for other purposes.","text_len":5120,"sum_len":725} {"bill_id":"115_hr880","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Injury Surgical Systems \nIntegrated Operationally Nationwide to Achieve ZERO Preventable Deaths \nAct'' or the ``MISSION ZERO Act''.\n\nSEC. 2. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT \n PROGRAM.\n\n Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) \nis amended by adding at the end the following new part:\n\n``PART I--MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT \n PROGRAM\n\n``SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS \n GRANT PROGRAM.\n\n ``(a) Military Trauma Team Placement Program.--\n ``(1) In general.--The Secretary shall award grants to not \n more than 20 eligible high-acuity trauma centers to enable \n military trauma teams to provide, on a full-time basis, trauma \n care and related acute care at such trauma centers.\n ``(2) Limitations.--In the case of a grant awarded under \n paragraph (1) to an eligible high-acuity trauma center, such \n grant--\n ``(A) shall be for a period of at least 3 years and \n not more than 5 years (and may be renewed at the end of \n such period); and\n ``(B) shall be in an amount that does not exceed \n $1,000,000 per year.\n ``(3) Availability of funds after performance period.--\n Notwithstanding section 1552 of title 31, United States Code, \n or any other provision of law, funds available to the Secretary \n for obligation for a grant under this subsection shall remain \n available for expenditure for 100 days after the last day of \n the performance period of such grant.\n ``(b) Military Trauma Care Provider Placement Program.--\n ``(1) In general.--The Secretary shall award grants to \n eligible trauma centers to enable military trauma care \n providers to provide trauma care and related acute care at such \n trauma centers.\n ``(2) Limitations.--In the case of a grant awarded under \n paragraph (1) to an eligible trauma center, such grant--\n ``(A) shall be for a period of at least 1 year and \n not more than 3 years (and may be renewed at the end of \n such period); and\n ``(B) shall be in an amount that does not exceed, \n in a year--\n ``(i) $100,000 for each military trauma \n care provider that is a physician at such \n eligible trauma center; and\n ``(ii) $50,000 for each other military \n trauma care provider at such eligible trauma \n center.\n ``(c) Grant Requirements.--\n ``(1) Deployment.--As a condition of receipt of a grant \n under this section, a grant recipient shall agree to allow \n military trauma care providers providing care pursuant to such \n grant to be deployed by the Secretary of Defense for military \n operations, for training, or for response to a mass casualty \n incident.\n ``(2) Use of funds.--Grants awarded under this section to \n an eligible trauma center may be used to train and incorporate \n military trauma care providers into such trauma center, \n including expenditures for malpractice insurance, office space, \n information technology, specialty education and supervision, \n trauma programs, research, and State license fees for such \n military trauma care providers.\n ``(d) Rule of Construction.--Nothing in this section shall be \nconstrued to affect the extent to which State licensing requirements \nfor health care professionals are preempted by other Federal law from \napplying to military trauma care providers.\n ``(e) Reporting Requirements.--\n ``(1) Report to the secretary and the secretary of \n defense.--Each eligible trauma center or eligible high-acuity \n trauma center awarded a grant under subsection (a) or (b) for a \n year shall submit to the Secretary and the Secretary of Defense \n a report for such year that includes information on--\n ``(A) the number and types of trauma cases managed \n by military trauma teams or military trauma care \n providers pursuant to such grant during such year;\n ``(B) the financial impact of such grant on the \n trauma center;\n ``(C) the educational impact on resident trainees \n in centers where military trauma teams are assigned;\n ``(D) any research conducted during such year \n supported by such grant; and\n ``(E) any other information required by the \n Secretaries for the purpose of evaluating the effect of \n such grant.\n ``(2) Report to congress.--Not less than once every 2 \n years, the Secretary, in consultation with the Secretary of \n Defense, shall submit a report to Congress that includes \n information on the effect of placing military trauma care \n providers in trauma centers awarded grants under this section \n on--\n ``(A) maintaining readiness of military trauma care \n providers for battlefield injuries;\n ``(B) providing health care to civilian trauma \n patients in both urban and rural settings;\n ``(C) the capability to respond to surges in trauma \n cases, including as a result of a large scale event; \n and\n ``(D) the financial State of the trauma centers.\n ``(f) Definitions.--For purposes of this part:\n ``(1) Eligible trauma center.--The term `eligible trauma \n center' means a Level I, II, or III trauma center that \n satisfies each of the following:\n ``(A) Such trauma center has an agreement with the \n Secretary of Defense to enable military trauma care \n providers to provide trauma care and related acute care \n at such trauma center.\n ``(B) Such trauma center utilizes a risk-adjusted \n benchmarking system to measure performance and \n outcomes, such as the Trauma Quality Improvement \n Program of the American College of Surgeons.\n ``(C) Such trauma center demonstrates a need for \n integrated military trauma care providers to maintain \n or improve the trauma clinical capability of such \n trauma center.\n ``(2) Eligible high-acuity trauma center.--The term \n `eligible high-acuity trauma center' means a Level I trauma \n center that satisfies each of the following:\n ``(A) Such trauma center has an agreement with the \n Secretary of Defense to enable military trauma teams to \n provide trauma care and related acute care at such \n trauma center.\n ``(B) At least 20 percent of patients of such \n trauma center in the most recent 3-month period for \n which data is available are treated for a major trauma \n at such trauma center.\n ``(C) Such trauma center utilizes a risk-adjusted \n benchmarking system to measure performance and \n outcomes, such as the Trauma Quality Improvement \n Program of the American College of Surgeons.\n ``(D) Such trauma center is an academic training \n center--\n ``(i) affiliated with a medical school;\n ``(ii) that maintains residency programs \n and fellowships in critical trauma specialties \n and subspecialties, and provides education and \n supervision of military trauma team members \n according to those specialties and \n subspecialties; and\n ``(iii) that undertakes research in the \n prevention and treatment of traumatic injury.\n ``(E) Such trauma center serves as a disaster \n response leader for its community, such as by \n participating in a partnership for State and regional \n hospital preparedness established under section 319C-2.\n ``(3) Major trauma.--The term `major trauma' means an \n injury that is greater than or equal to 15 on the injury \n severity score.\n ``(4) Military trauma team.--The term `military trauma \n team' means a complete military trauma team consisting of \n military trauma care providers.\n ``(5) Military trauma care provider.--The term `military \n trauma care provider' means a member of the Armed Forces who \n furnishes emergency, critical care, and other trauma acute \n care, including a physician, military surgeon, physician \n assistant, nurse, respiratory therapist, flight paramedic, \n combat medic, or enlisted medical technician.\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n ``(1) $7,000,000 for fiscal year 2018, of which--\n ``(A) $4,500,000 shall be for carrying out \n subsection (a); and\n ``(B) $2,500,000 shall be for carrying out \n subsection (b);\n ``(2) $12,000,000 for fiscal year 2019, of which--\n ``(A) $8,000,000 shall be for carrying out \n subsection (a); and\n ``(B) $4,000,000 shall be for carrying out \n subsection (b); and\n ``(3) $15,000,000 for each of fiscal years 2020 through \n 2022, of which--\n ``(A) $10,000,000 shall be for carrying out \n subsection (a); and\n ``(B) $5,000,000 shall be for carrying out \n subsection (b).''.\n\nSEC. 3. CUT-GO COMPLIANCE.\n\n Subsection (f) of section 319D of the Public Health Service Act (42 \nU.S.C. 247d-4) is amended by striking ``through 2018'' and inserting \n``through 2017, and $75,300,000 for fiscal year 2018''.\n\n Passed the House of Representatives February 26, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Military Injury Surgical Systems Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths Act or the MISSION ZERO Act This bill amends the Public Health Service Act to require the Department of Health and Human Services to award grants to certain trauma centers to enable military trauma care providers and trauma teams to provide trauma care and related acute care at those trauma centers. Funds may be used to train and incorporate military trauma care providers into the trauma center, including expenditures for malpractice insurance, office space, information technology, specialty education and supervision, trauma programs, and state license fees. Grantees must allow the military trauma care providers to be deployed for military operations, training, or response to a mass casualty incident.","title":"Military Injury Surgical Systems Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths Act","text_len":10907,"sum_len":814} {"bill_id":"113_hr3072","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Food for Healthy Families Act \nof 2013''.\n\nSEC. 2. LOCAL FOOD FOR HEALTHY FAMILIES PROGRAM.\n\n (a) Establishment of Program.--The Secretary of Agriculture \n(hereinafter in this Act referred to as the Secretary unless the \ncontext specifies otherwise) shall establish the Local Food for Healthy \nFamilies Program for the purpose of making grants to certain entities \nto carry out projects to provide incentives to low-income families \nreceiving supplemental nutrition assistance program benefits to \npurchase fruits and vegetables.\n (b) Administrative Costs.--Not more than 10 percent of the funds \nmade available to carry out this Act for a fiscal year may be used by \nthe Secretary to administer, evaluate, and monitor this Act for such \nfiscal year.\n (c) Advisory Committee.--The Secretary shall convene an advisory \ncommittee composed of representatives of organizations that have prior \nexperience implementing local fruit and vegetable incentive programs to \nadvise him on the design of the Local Food for Healthy Families \nProgram.\n\nSEC. 3. ELIGIBLE ENTITIES.\n\n (a) Applications.--Subject to subsection (b), to be eligible to \nreceive a grant to carry out a project under this Act, the following \nentities may submit to the Secretary an application that contains such \ninformation and assurances, at such time and in such form, as the \nSecretary may require by rule:\n (1) Private nonprofit entities.\n (2) Agricultural cooperatives.\n (3) Producer networks or associations.\n (4) Community health organizations.\n (5) Public benefit corporations.\n (6) Economic development cooperatives.\n (7) Farmers' markets.\n (8) Community supported agriculture programs.\n (9) Buying clubs.\n (10) Retail food stores that participate in the \n supplemental nutrition assistance program.\n (11) State, local, or tribal agencies.\n (b) Required Assurance.--An application submitted under subsection \n(a) shall include an assurance that the applicant will impose on \nrecipients of incentives under this Act the same terms and conditions \nthat apply to purchases made by individuals using supplemental \nnutrition assistance program benefits.\n\nSEC. 4. PRIORITY.\n\n In making grants under section 2, the Secretary shall give priority \nto eligible entities that--\n (1) are located in underserved communities,\n (2) provide locally produced fruits and vegetables,\n (3) maximize the share of funds used for direct incentives \n to participants,\n (4) use direct-to-consumer sales marketing,\n (5) demonstrate a track record of designing and \n implementing successful nutrition incentive programs that \n connect low-income consumers and agricultural producers,\n (6) develop innovative linkages between for-profit and \n nonprofit organizations, and\n (7) address other criteria as established by the Secretary.\n\nSEC. 5. MATCHING FUNDS REQUIREMENT.\n\n (a) Federal Share of Costs.--Not more than 50 percent of the cost \nof any project for which a grant is made under section 2 may be paid \nwith Federal funds.\n (b) Non-Federal Share of Costs.--An eligible entity that applies \nfor a grant under section 2 shall agree to provide not less than 50 \npercent of the cost of the project for which application is submitted \nfrom non-Federal sources, except that--\n (1) an eligible entity that is a nonprofit entity may value \n in cash or in-kind (fairly evaluated) its share of the cost of \n such project, and\n (2) an eligible entity that is a for-profit entity may \n value only in cash (and may not include services of an \n employee, including salaries paid or expenses covered by the \n employer) its share of the cost of such project.\n\nSEC. 6. INDEPENDENT EVALUATIONS.\n\n The Secretary shall provide for an independent evaluation of each \nproject for which a grant is made under this Act. Such evaluation \nshall--\n (1) measure the impact of such project on--\n (A) improving the nutrition and health status of \n families that participate in projects carried out under \n this Act, and\n (B) increasing the quantity of fruits and \n vegetables purchased by such families, and\n (2) use rigorous methodologies capable of producing \n scientifically valid information regarding the effectiveness of \n such project.\n\nSEC. 7. TECHNICAL ASSISTANCE AND RELATED INFORMATION.\n\n (a) Technical Assistance.--In carrying out this Act, the Secretary \nmay provide technical assistance regarding the operation of the Local \nFood for Healthy Families Program to entities that request such \ninformation.\n (b) Sharing Information.--The Secretary may provide for sharing of \ninformation concerning the operation of the Local Food for Healthy \nFamilies Program, the operation of projects carried out under such \nprogram, and the issues arising from such program and such projects, \nwith and among--\n (1) governmental, for-profit, and nonprofit groups, and the \n public through publications, conferences, and other appropriate \n forums, and\n (2) researchers, practitioners, and other interested \n persons.\n\nSEC. 8. TREATMENT OF FUNDS.\n\n (a) In General.--The value of any incentive provided under this Act \nto a participating family shall not be considered income or resources \nfor any purpose under any Federal, State, or local law.\n (b) No Limitation on Benefits.--A grant made available under this \nAct shall not be used to carry out any project that limits the use of \nbenefits provided under the Food and Nutrition Act of 2008 (7 U.S.C. \n2011 et seq.) or any other Federal nutrition law.\n (c) Household Allotment.--Incentives provided under this Act to \nfamilies that receive supplemental nutrition assistance program \nbenefits shall not--\n (1) be considered to be part of such benefits; or\n (2) be used in the collection or disposition of claims \n under section 13 of the Food and Nutrition Act of 2008 (7 \n U.S.C. 2022).\n\nSEC. 9. APPROPRIATION OF FUNDS.\n\n Out of any funds in the Treasury not otherwise appropriated, the \nSecretary of the Treasury shall transfer to the Secretary to carry out \nthe Local Food for Healthy Families Program $20,000,000 for each of the \nfiscal years 2014 through 2018.","summary":"Local Food for Healthy Families Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish the local food for healthy families program to make grants to specified entities to provide low-income families receiving supplemental nutrition assistance program benefits with incentives to purchase fruits and vegetables.","title":"Local Food for Healthy Families Act of 2013","text_len":6631,"sum_len":326} {"bill_id":"112_s3196","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Women's High-Growth \nBusiness Bipartisan Task Force Act of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the terms ``Administration'' and ``Administrator'' mean \n the Small Business Administration and the Administrator \n thereof, respectively;\n (2) the term ``Task Force'' means the National Women's \n High-Growth Business Bipartisan Task Force established under \n section 3; and\n (3) the term ``small business concern owned and controlled \n by women'' has the meaning given that term in section 3(n) of \n the Small Business Act (15 U.S.C. 632(n)).\n\nSEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE.\n\n (a) Establishment.--There is established the National Women's High-\nGrowth Business Bipartisan Task Force, which shall serve as an \nindependent source of advice, research, and policy recommendations to--\n (1) the Administrator;\n (2) the Assistant Administrator of the Office of Women's \n Business Ownership of the Administration;\n (3) Congress;\n (4) the President; and\n (5) other Federal departments and agencies.\n (b) Membership.--\n (1) Number of members.--The Task Force shall be composed of \n 15 members, of which--\n (A) 8 shall be individuals who own small business \n concerns owned and controlled by women, including not \n fewer than 2 individuals who own small business \n concerns owned and controlled by women in industries in \n which women are traditionally underrepresented;\n (B) 2 shall be individuals having expertise \n conducting research on women's business, women's \n entrepreneurship, new business development by women, \n and high-growth business development; and\n (C) 5 shall be individuals who represent women's \n business organizations, including women's business \n centers and women's business advocacy groups.\n (2) Appointment of members.--\n (A) Owners of small business concerns owned and \n controlled by women.--Of the members of the Task Force \n described in paragraph (1)(A)--\n (i) 2 shall be appointed by the Chairperson \n of the Committee on Small Business and \n Entrepreneurship of the Senate;\n (ii) 2 shall be appointed by the Ranking \n Member of the Committee on Small Business and \n Entrepreneurship of the Senate;\n (iii) 2 shall be appointed by the \n Chairperson of the Committee on Small Business \n of the House of Representatives; and\n (iv) 2 shall be appointed by the Ranking \n Member of the Committee on Small Business of \n the House of Representatives.\n (B) Other members.--The members of the Task Force \n described in subparagraphs (B) and (C) of paragraph (1) \n shall be appointed by the Administrator.\n (C) Initial appointments.--The individuals \n described in subparagraphs (A) and (B) shall appoint \n the initial members of the Task Force not later than 90 \n days after the date of enactment of this Act.\n (D) Geographic considerations.--In making an \n appointment under this paragraph, the individuals \n described in subparagraphs (A) and (B) shall give \n consideration to the geographic areas of the United \n States in which the members of the Task Force live and \n work, particularly to ensure that rural areas are \n represented on the Task Force.\n (E) Political affiliation.--Not more than 8 members \n of the Task Force may be members of the same political \n party.\n (3) Chairperson.--\n (A) Election of chairperson.--The members of the \n Task Force shall elect 1 member of the Task Force as \n Chairperson of the Task Force.\n (B) Vacancies.--Any vacancy in the position of \n Chairperson of the Task Force shall be filled by the \n Task Force at the first meeting of the Task Force after \n the date on which the vacancy occurs.\n (4) Term of service.--\n (A) In general.--Except as provided in subparagraph \n (B), the term of service of each member of the Task \n Force shall be 3 years.\n (B) Terms of initial appointees.--Of the members of \n the Task Force first appointed after the date of \n enactment of this Act--\n (i) 6 shall be appointed for a term of 4 \n years, including--\n (I) 1 member appointed by the \n individuals described in each of \n clauses (i), (ii), (iii), and (iv) of \n paragraph (2)(A); and\n (II) 2 members appointed by the \n Administrator; and\n (ii) 5 shall be appointed for a term of 5 \n years, including--\n (I) 1 member appointed by the \n individuals described in each of \n clauses (i), (ii), (iii), and (iv) of \n paragraph (2)(A); and\n (II) 1 member appointed by the \n Administrator.\n (5) Vacancies.--A vacancy on the Task Force shall be filled \n not later than 30 days after the date on which the vacancy \n occurs, in the manner in which the original appointment was \n made, and shall be subject to any conditions that applied to \n the original appointment. An individual chosen to fill a \n vacancy shall be appointed for the unexpired term of the member \n replaced.\n (6) Prohibition on federal employment.--\n (A) In general.--Except as provided in subparagraph \n (B), no member of the Task Force may serve as an \n officer or employee of the United States.\n (B) Exception.--A member of the Task Force who \n accepts a position as an officer or employee of the \n United States after appointment to the Task Force may \n continue to serve on the Task Force for not more than \n 30 days after the date of such acceptance.\n (7) Compensation and expenses.--\n (A) No compensation.--Each member of the Task Force \n shall serve without compensation.\n (B) Expenses.--The Administrator shall reimburse \n the members of the Task Force for travel and \n subsistence expenses in accordance with section 5703 of \n title 5, United States Code.\n (c) Duties.--The Task Force shall--\n (1) review and monitor plans and programs developed in the \n public and private sectors that affect the ability of small \n business concerns owned and controlled by women to obtain \n capital and credit and to access markets, and provide advice on \n improving coordination between such plans and programs;\n (2) monitor and promote the plans, programs, and operations \n of the Federal departments and agencies that contribute to the \n formation and development of small business concerns owned and \n controlled by women, and make recommendations to Federal \n departments and agencies concerning the coordination of such \n plans, programs, and operations;\n (3) develop and promote initiatives, policies, programs, \n and plans designed to encourage the formation of startups and \n high-growth small business concerns owned and controlled by \n women;\n (4) advise the Administrator on the development and \n implementation of an annual comprehensive plan for joint \n efforts by the public and private sectors to facilitate the \n formation and development of startups and high-growth small \n business concerns owned and controlled by women; and\n (5) examine the link between women who own small business \n concerns and intellectual property, including--\n (A) the number of patents, trademarks, and \n copyrights granted to women; and\n (B) the challenges faced by high-growth small \n business concerns owned and controlled by women in \n obtaining and enforcing intellectual property rights.\n (d) Powers.--\n (1) Hearings.--The Task Force may hold such hearings, sit \n and act at such times and places, take such testimony, and \n receive such evidence as the Task Force considers advisable to \n carry out its duties.\n (2) Task groups.--The Task Force may, from time to time, \n establish temporary task groups, as necessary to carry out the \n duties of the Task Force.\n (3) Information from federal agencies.--Upon request of the \n Chairperson of the Task Force, the head of any Federal \n department or agency shall furnish such information to the Task \n Force as the Task Force considers necessary to carry out its \n duties.\n (4) Use of mails.--The Task Force may use the United States \n mails in the same manner and under the same conditions as \n Federal departments and agencies.\n (5) Gifts.--The Task Force may accept, use, and dispose of \n gifts or donations of services or property.\n (e) Meetings.--\n (1) In general.--The Task Force shall meet--\n (A) not less than 3 times each year;\n (B) at the call of the Chairperson; and\n (C) upon the request of--\n (i) the Administrator;\n (ii) the Chairperson and Ranking Member of \n the Committee on Small Business and \n Entrepreneurship of the Senate; or\n (iii) the Chairperson and Ranking Member of \n the Committee on Small Business of the House of \n Representatives.\n (2) Participation of federal agencies.--\n (A) Participation encouraged.--The Task Force shall \n allow and encourage participation in meetings by \n representatives from Federal agencies.\n (B) Functions of representatives of federal \n agencies.--A representative from a Federal agency--\n (i) may be used as a resource; and\n (ii) may not vote or otherwise act as a \n member of the Task Force.\n (3) Location.--Each meeting of the full Task Force shall be \n held at the headquarters of the Administration, unless, not \n later than 1 month before the meeting, a majority of the \n members of the Task Force agree to meet at another location.\n (4) Support by administrator.--The Administrator shall \n provide suitable meeting facilities and such administrative \n support as may be necessary for each full meeting of the Task \n Force.\n (f) Reports.--\n (1) Reports by task force.--\n (A) Reports required.--Not later than 30 days after \n the end of each fiscal year, the Task Force shall \n submit to the President and to the Committee on Small \n Business and Entrepreneurship of the Senate and the \n Committee on Small Business of the House of \n Representatives, a report containing--\n (i) a detailed description of the \n activities of the Task Force, including a \n report on how the Task Force has carried out \n the duties described in subsection (c);\n (ii) the findings and recommendations of \n the Task Force; and\n (iii) the recommendations of the Task Force \n for--\n (I) promoting intellectual property \n rights for high-growth small business \n concerns owned and controlled by women; \n and\n (II) such legislative and \n administrative actions as the Task \n Force considers appropriate to promote \n the formation and development of small \n business concerns owned and controlled \n by women.\n (B) Form of reports.--The report required under \n subparagraph (A) shall include--\n (i) any concurring or dissenting views of \n the Administrator; and\n (ii) the minutes of each meeting of the \n Task Force.\n (2) Reports by chief counsel for advocacy.--\n (A) Studies.--\n (i) In general.--Not less frequently than \n twice each year, the Chief Counsel for Advocacy \n of the Small Business Administration, in \n consultation with the Task Force, shall conduct \n a study of an issue that is important to small \n business concerns owned and controlled by \n women.\n (ii) Topics.--The topic of a study under \n clause (i) shall--\n (I) be an issue that the Task Force \n determines is critical to furthering \n the interests of small business \n concerns owned and controlled by women; \n and\n (II) relate to--\n (aa) Federal prime \n contracts and subcontracts \n awarded to small business \n concerns owned and controlled \n by women;\n (bb) access to credit and \n investment capital by women \n entrepreneurs;\n (cc) acquiring and \n enforcing intellectual property \n rights; or\n (dd) any other issue \n relating to small business \n concerns owned and controlled \n by women that the Task Force \n determines is appropriate.\n (iii) Contracting.--In conducting a study \n under this subparagraph, the Chief Counsel may \n contract with a public or private entity.\n (B) Report.--The Chief Counsel for Advocacy shall--\n (i) submit a report containing the results \n of each study under subparagraph (A) to the \n Task Force, the Committee on Small Business and \n Entrepreneurship of the Senate, and the \n Committee on Small Business of the House of \n Representatives; and\n (ii) make each report submitted under \n clause (i) available to the public online.\n (g) Federal Advisory Committee Act.--Section 14 of the Federal \nAdvisory Committee Act (5 U.S.C. App.) shall not apply to the Task \nForce.\n\nSEC. 4. REPEAL.\n\n (a) Final Reports.--Not later than 90 days after the date of \nenactment of this Act--\n (1) the Interagency Committee on Women's Business \n Enterprise shall submit to the President and the Committee on \n Small Business and Entrepreneurship of the Senate and the \n Committee on Small Business of the House of Representatives a \n report containing the information described in paragraphs (1), \n (2), and (3) of section 404 of the Women's Business Ownership \n Act of 1988 (15 U.S.C. 7104), as in effect on the day before \n the date of enactment of this Act; and\n (2) the National Women's Business Council shall submit to \n the President and the Committee on Small Business and \n Entrepreneurship of the Senate and the Committee on Small \n Business of the House of Representatives a report containing \n the information described in subparagraphs (A), (B), and (C) of \n section 406(d)(6) of the Women's Business Ownership Act of 1988 \n (15 U.S.C. 7106), as in effect on the day before the date of \n enactment of this Act.\n (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. \n631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.).\n (c) Technical and Conforming Amendments.--The Small Business Act \n(15 U.S.C. 631 et seq.) is amended--\n (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by \n striking ``and to carry out the activities authorized by title \n IV of the Women's Business Ownership Act of 1988''; and\n (2) in section 29(g) (15 U.S.C. 656(g))--\n (A) in paragraph (1), by striking ``women's \n business enterprises (as defined in section 408 of the \n Women's Business Ownership Act of 1988 (15 U.S.C. 631 \n note))'' and inserting ``small business concerns owned \n and controlled by women''; and\n (B) in paragraph (2)(B)(ii)--\n (i) in subclause (VI), by adding ``and'' at \n the end;\n (ii) in subclause (VII), by striking the \n semicolon at the end and inserting a period; \n and\n (iii) by striking subclauses (VIII), (IX), \n and (X).\n (d) Effective Date.--The amendments made by subsections (b) and (c) \nshall take effect 90 days after the date of enactment of this Act.","summary":"National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise.","title":"A bill to establish the National Women's High-Growth Business Bipartisan Task Force, and for other purposes.","text_len":19635,"sum_len":1254} {"bill_id":"114_hr5629","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``California New River Restoration Act \nof 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the New River was born out of the Colorado River's \n occasional flows into the Salton Sink and the erosion of the \n New River channel which formed the deep river canyon between \n 1905 and 1907;\n (2) the New River starts in Mexicali, Mexico, flows north \n into the United States through Calexico, passes through the \n Imperial Valley and drains into the Salton Sea, roughly 66 \n miles north of the international boundary, and the sub-\n watershed covers approximately 750 square miles, with 63 \n percent of that in Mexico and 37 percent in the United States;\n (3) the New River has been widely recognized for its \n significant water pollution problems, primarily because of \n agricultural runoff, raw sewage, pesticides, and discharges of \n wastes from domestic, agricultural, and industrial sources in \n Mexico and the Imperial Valley;\n (4) by the 1980s, the New River acquired the reputation of \n being one of the most polluted rivers in the United States, \n with many of the pollutants posing serious human health hazards \n to local populations, particularly those in Calexico and \n Mexicali;\n (5) in 1992, the International Boundary Water Commission's \n Treaty Minute No. 288 established a sanitation strategy for the \n New River water quality problems at the international boundary \n and divided the sanitation projects into two immediate repairs \n projects, the Mexicali I and the Mexicali II, which totaled \n about $50 million dollars and were funded by both countries \n through the North American Development Bank;\n (6) in 1995, the Environmental Protection Agency provided \n funds to the California Regional Water Quality Control Board to \n monitor and document the water quality at the international \n boundary on a monthly basis;\n (7) in the late 1990s, the United States and Mexico spent \n $100 million (45 percent paid by Mexico and 55 percent paid by \n the United States) to build the Las Arenitas and Zaragoza \n Wastewater Treatment plants, and untreated New River water \n passing through four microbial treatment cells at Las Arenitas \n was then chlorinated and fed into a re-forestation project \n along the desiccated Rio Hardy which stretches to the Sea of \n Cortez;\n (8) a 10-year effort by community groups, lawyers, \n regulatory agencies, and politicians addressed the problem at \n the source by federally funding a new sewage treatment plant in \n Mexicali and developing a site plan for the river on the United \n States side;\n (9) in 2009, the State of California required the \n California-Mexico Border Relations Council to create a \n strategic plan to study, monitor, remediate, and enhance the \n New River's water quality to protect human health and develop a \n river parkway suitable for public use;\n (10) flows in the New River at the International Boundary \n with Mexico have been reduced by as much as 40 percent during \n the last 10 years due to a number of factors which include \n reduction of agricultural runoff and municipal wastewater \n discharged into the New River and its tributaries in Mexico; \n and\n (11) the existing and ongoing voluntary conservation \n efforts at the New River necessitate improved efficiency and \n cost effectiveness, as well as increased private-sector \n investments and coordination of Federal and non-Federal \n resources, including through installation of a large trash \n screen, a new pump station, aeration devices, a disinfection \n facility, and managed wetlands.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) New river.--The term ``New River'' means the river that \n starts in Mexicali, Mexico, flows north into the United States \n through Calexico, passes through the Imperial Valley, and \n drains into the Salton Sea.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (3) Program.--The term ``program'' means the California New \n River restoration program established under section 4.\n (4) Restoration and protection.--The term ``restoration and \n protection'' means the conservation, stewardship, and \n enhancement of habitat for fish and wildlife to preserve and \n improve ecosystems and ecological processes on which they \n depend.\n (5) Mexican.--The term ``Mexican'' refers to the Federal, \n State, and local governments of the United Mexican States.\n\nSEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT.\n\n (a) Establishment.--Not later than 180 days after the date of \nenactment of this Act, the Administrator shall establish a program to \nbe known as the ``California New River restoration program''.\n (b) Duties.--In carrying out the program, the Administrator shall--\n (1) draw on existing and new management plans for the New \n River, or portions of the New River, and work in consultation \n with applicable management entities, including representatives \n of the Calexico New River Committee, the California-Mexico \n Border Relations Council, the New River Improvement Project \n Technical Advisory Committee, the Federal Government, State and \n local governments, and regional and nonprofit organizations, as \n appropriate, to identify, prioritize, and implement restoration \n and protection activities relating to the New River;\n (2) adopt a New River-wide strategy that--\n (A) supports the implementation of a shared set of \n science-based restoration and protection activities \n identified in accordance with paragraph (1);\n (B) targets cost-effective projects with measurable \n results; and\n (C) maximizes conservation outcomes with no net \n gain of Federal full-time equivalent employees; and\n (3) provide grants and technical assistance in accordance \n with section 5.\n (c) Coordination.--In establishing the program, the Administrator \nshall consult, as appropriate, with--\n (1) the heads of Federal agencies, including--\n (A) the Secretary of the Interior;\n (B) the Secretary of Agriculture;\n (C) the Administrator of General Services;\n (D) the Commissioner of the International Boundary \n Water Commission; and\n (E) the head of any other applicable agency;\n (2) the Governor of California;\n (3) the Imperial Irrigation District;\n (4) the Colorado River Basin Regional Water Quality Control \n Board; and\n (5) other public agencies and organizations with authority \n for the planning and implementation of conservation strategies \n relating to the New River in both the United States and Mexico.\n (d) Purposes.--The purposes of the program include--\n (1) coordinating restoration and protection activities, \n among Mexican, Federal, State, local, and regional entities and \n conservation partners, relating to the New River; and\n (2) carrying out coordinated restoration and protection \n activities, and providing for technical assistance relating to \n the New River--\n (A) to sustain and enhance fish and wildlife \n habitat restoration and protection activities;\n (B) to improve and maintain water quality to \n support fish and wildlife, as well as the habitats of \n fish and wildlife;\n (C) to sustain and enhance water management for \n volume and flood damage mitigation improvements to \n benefit fish and wildlife habitat;\n (D) to improve opportunities for public access to, \n and recreation in and along, the New River consistent \n with the ecological needs of fish and wildlife habitat;\n (E) to facilitate strategic planning to maximize \n the resilience of natural systems and habitats under \n changing watershed conditions;\n (F) to engage the public through outreach, \n education, and citizen involvement, to increase \n capacity and support for coordinated restoration and \n protection activities relating to the New River;\n (G) to increase scientific capacity to support the \n planning, monitoring, and research activities necessary \n to carry out coordinated restoration and protection \n activities; and\n (H) to provide technical assistance to carry out \n restoration and protection activities relating to the \n New River.\n\nSEC. 5. GRANTS AND ASSISTANCE.\n\n (a) In General.--In carrying out the program, the Administrator \nshall provide grants and technical assistance to State and local \ngovernments, nonprofit organizations, and institutions of higher \neducation, in both the United States and Mexico, to carry out the \npurposes of the program.\n (b) Criteria.--The Administrator, in consultation with the \norganizations described in section 4(c), shall develop criteria for \nproviding grants and technical assistance under this section to ensure \nthat such activities accomplish one or more of the purposes identified \nin section 4(d)(2) and advance the implementation of priority actions \nor needs identified in the New River-wide strategy adopted under \nsection 4(b)(2).\n (c) Cost Sharing.--\n (1) Federal share.--The Federal share of the cost of a \n project for which a grant is provided under this section shall \n not exceed 55 percent of the total cost of the activity, as \n determined by the Administrator.\n (2) Non-federal share.--The non-Federal share of the cost \n of a project for which a grant is provided under this section \n may be provided in the form of an in-kind contribution of \n services or materials.\n (d) Administration.--\n (1) In general.--The Administrator may enter into an \n agreement to manage the implementation of this section with the \n North American Development Bank or a similar organization that \n offers grant management services.\n (2) Funding.--If the Administrator enters into an agreement \n under paragraph (1), the organization selected shall--\n (A) for each fiscal year, receive amounts to carry \n out this section in an advance payment of the entire \n amount on October 1, or as soon as practicable \n thereafter, of that fiscal year;\n (B) invest and reinvest those amounts for the \n benefit of the program; and\n (C) otherwise administer the implementation of this \n section to support partnerships between the public and \n private sectors in accordance with this Act.\n\nSEC. 6. ANNUAL REPORTS.\n\n Not later than 180 days after the date of enactment of this Act, \nand annually thereafter, the Administrator shall submit to Congress a \nreport on the implementation of this Act, including a description of \neach project that has received funding under this Act, goals \nestablished by New River-wide strategy, and the status of all such \nprojects that are in progress on the date of submission of the report.","summary":"California New River Restoration Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. In carrying out the program, the EPA must: (1) adopt a New River-wide strategy, and (2) provide grants and technical assistance for coordinating restoration and protection activities.","title":"California New River Restoration Act of 2016","text_len":12216,"sum_len":513} {"bill_id":"105_s31","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Estate and Gift Tax Phase-Out Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The economy of the United States cannot achieve strong, \n sustained growth without adequate levels of savings to fuel \n productive activity. Inadequate savings have been shown to lead \n to lower productivity, stagnating wages, and reduced standards \n of living.\n (2) Savings levels in the United States have steadily \n declined over the past 25 years, and have lagged behind the \n industrialized trading partners of the United States.\n (3) These anemic savings levels have contributed to the \n country's long-term downward trend in real economic growth, \n which averaged close to 3.5 percent over the last 100 years but \n has slowed to 2.4 percent over the past quarter century.\n (4) Repealing the estate and gift tax would contribute to \n the goals of expanding savings and investment, boosting \n entrepreneurial activity, and expanding economic growth.\n (5) Abolishing the estate tax would restore a measure of \n fairness to the Federal tax system. Families should be able to \n pass on the fruits of labor to the next generation without \n realizing a taxable event.\n\nSEC. 3. PHASE-OUT OF ESTATE AND GIFT TAXES THROUGH INCREASE IN UNIFIED \n ESTATE AND GIFT TAX CREDIT.\n\n (a) Estate Tax Credit.--\n (1) In general.--Section 2010(a) of the Internal Revenue \n Code of 1986 (relating to unified credit against estate tax) is \n amended by striking ``$192,800'' and inserting ``the applicable \n credit amount''.\n (2) Applicable credit amount.-- Section 2010 of such Code \n is amended by redesignating subsection (c) as subsection (d) \n and by inserting after subsection (b) the following:\n ``(c) Applicable Credit Amount.--For purposes of this section, the \napplicable credit amount is the amount of the tentative tax which would \nbe determined under the rate schedule set forth in section 2001(c) if \nthe amount with respect to which such tentative tax is to be computed \nwere the applicable exclusion amount determined in accordance with the \nfollowing table:\n\n ``In the case of estates of decedents\n The applicable\n dying, and gifts made, during:\n exclusion amount is:\n 1998............................... $1,000,000 \n 1999............................... $1,500,000 \n 2000............................... $2,000,000 \n 2001............................... $2,500,000 \n 2002............................... $5,000,000.''.\n (3) Conforming amendments.--\n (A) Section 6018(a)(1) of such Code is amended by \n striking ``$600,000'' and inserting ``the applicable \n exclusion amount in effect under section 2010(c) for \n the calendar year which includes the date of death''.\n (B) Section 2001(c)(2) of such Code is amended by \n striking ``$21,040,000'' and inserting ``the amount at \n which the average tax rate under this section is 55 \n percent''.\n (C) Section 2102(c)(3)(A) of such Code is amended \n by striking ``$192,800'' and inserting ``the applicable \n credit amount in effect under section 2010(c) for the \n calendar year which includes the date of death''.\n (b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal \nRevenue Code of 1986 (relating to unified credit against gift tax) is \namended by striking ``$192,800'' and inserting ``the applicable credit \namount in effect under section 2010(c) for such calendar year''.\n (c) Effective Date.--The amendments made by this section shall \napply to the estates of decedents dying, and gifts made, after December \n31, 1997.\n\nSEC. 4. REPEAL OF FEDERAL TRANSFER TAXES.\n\n (a) In General.--Subtitle B of the Internal Revenue Code of 1986 is \nrepealed.\n (b) Effective Date.--The repeal made by subsection (a) shall apply \nto the estates of decedents dying, and gifts and generation-skipping \ntransfers made, after December 31, 2002.\n (c) Technical and Conforming Changes.--The Secretary of the \nTreasury or the Secretary's delegate shall not later than 90 days after \nthe effective date of this section, submit to the Committee on Ways and \nMeans of the House of Representatives and the Committee on Finance of \nthe Senate a draft of any technical and conforming changes in the \nInternal Revenue Code of 1986 which are necessary to reflect throughout \nsuch Code the changes in the substantive provisions of law made by this \nAct.","summary":"Estate and Gift Tax Phase-Out Act of 1997 - Amends the Internal Revenue Code to phase-out and repeal, effective January 1, 2003, the estate tax, gift tax, and the tax on generation-skipping transfers.","title":"Estate and Gift Tax Phase-Out Act of 1997","text_len":5022,"sum_len":200} {"bill_id":"103_hr3927","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Information Classification Act of \n1994''.\n\nSEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.\n\n (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 \net seq.) is amended by adding at the end the following new title:\n\n ``TITLE VIII--CLASSIFICATION OF INFORMATION\n\n ``classification criteria\n\n ``Sec. 801. (a) Information may be classified under this title only \nif the interest of the public in knowing such information is outweighed \nby the damage to the national security of the United States which \ndemonstrably could be expected to result from the public release of \nsuch information.\n ``(b) If there is reasonable doubt about the need to classify \ninformation, it shall not be classified.\n ``(c) Information that may be considered for classification is \ninformation that includes (but is not limited to) any of the following \nconcerns:\n ``(1) The ability of the United States military to defend \n the Nation from armed aggression, engage in armed conflict, or \n participate in peacekeeping or multinational operations abroad.\n ``(2) The vulnerability of United States Government \n personnel, facilities, weapons technology, or related systems \n to armed attack, loss or compromise, or measures that would \n weaken their effectiveness or counter their capabilities.\n ``(3) Diplomatic relations between the United States and \n another country or international organization of governments.\n ``(4) Intelligence sources and methods, including those \n related to covert actions and cryptologic activities.\n ``(5) The ability of the United States to apply critical \n research or technology to the national defense or foreign \n relations of the United States.\n ``(d) In no case shall information be classified in order to--\n ``(1) conceal violations of law, inefficiency, or \n administrative error;\n ``(2) prevent embarrassment to a person, organization, or \n agency;\n ``(3) restrain competition;\n ``(4) prevent or delay the release of information that does \n not require protection in the interests of national security;\n ``(5) control access to basic scientific research \n information not clearly related to the national security;\n ``(6) control information after it has been released to the \n public or a member thereof under proper authority; or\n ``(7) prevent the public release of a compilation of items \n of information which individually are not classified.\n\n ``classification levels\n\n ``Sec. 802. (a) Information may be classified if at the time the \noriginal classification decision is made either of the following is \nidentified or described:\n ``(1) Exceptionally grave damage to the national security \n of the United States which could demonstrably be expected to \n result from the public release of such information.\n ``(2) Serious damage to the national security of the United \n States which could demonstrably be expected to result from the \n public release of such information.\n ``(b) Information shall be classified under subsection (a)(2) if \nthere is a reasonable doubt about the appropriate level of \nclassification.\n ``(c)(1) Information obtained directly from a foreign government \nmay retain the classification assigned by that foreign government if \nthe foreign government is on the list published under section \n805(b)(3).\n ``(2) Information obtained directly from a foreign government that \nis not on the list published under section 805(b)(3) may only be \nclassified under this title.\n\n ``classification authority\n\n ``Sec. 803. Original classification authority may only be exercised \nby the President and such other officials as the President may \ndesignate. The President shall publish annually in the Federal Register \nthe officials designated under this section to exercise original \nclassification authority.\n\n ``duration of classification\n\n ``Sec. 804. (a) To the extent possible, the original classification \nauthority shall determine the date when or event upon which \ndeclassification shall occur, based on the duration of the national \nsecurity sensitivity of the information. The date or event may not \nexceed the periods specified in subsection (b), except as provided in \nsubsection (c).\n ``(b) Except as provided in subsection (c)--\n ``(1) information classified under section 802(a)(1) shall \n be marked for declassification not later than the end of the \n 10-year period beginning on the date of the original \n classification decision; and\n ``(2) information classified under section 802(a)(2) shall \n be marked for declassification not later than the end of the 6-\n year period beginning on the date of the original \n classification decision.\n ``(c)(1) Not earlier than 180 days before the scheduled date of \ndeclassification of information, the original classification authority \nor successor may extend the period for which such information is to \nremain classified. Any such extension shall be based on the continued \nexistence of the basis for the original classification, as specified in \nthe original classification determination.\n ``(2) The period of extension of the classification of information \nunder paragraph (1) may not exceed the original period for which such \ninformation was classified.\n ``(3) Additional periods of extension of classification of \ninformation under this subsection may be made in accordance with this \nsubsection.\n ``(d) Whenever information classified under this title is requested \nfor release under any other provision of law, the original \nclassification authority or successor shall review the basis for the \noriginal classification decision and determine whether the information \ncan be declassified or whether the classification level can be reduced.\n ``(e)(1) Except as provided in paragraph (3), information \nclassified under Executive Order 12356, as in effect on the day before \nthe date of approval of the joint resolution under section 806, may \nremain classified for the shorter of--\n ``(A) the original period specified in the original \n classification of the information, beginning on the date of \n such original classification, or\n ``(B) the 25-year period beginning on the date of the \n original classification of such information.\n ``(2) Upon the expiration of the period applicable under paragraph \n(1) to information, the information shall be declassified unless the \nperiod of classification is extended under subsection (c).\n ``(3) In the case that, with respect to information, both periods \nspecified under paragraph (1) either have expired or will expire within \n180 days after the date of approval of the joint resolution under \nsection 806, the information shall be declassified on the date that is \n180 days after such date unless the period of classification is \nextended under subsection (c).\n\n ``information security oversight office\n\n ``Sec. 805. (a) There shall be the Information Security Oversight \nOffice, to be headed by a director appointed by the President.\n ``(b) The Office shall be responsible for the following:\n ``(1) All functions and responsibilities exercised by the \n Information Security Oversight Office as such functions and \n responsibilities existed on the day before the date of \n enactment of this title.\n ``(2)(A) A periodic review of the classification of \n information under this title, including--\n ``(i) the appropriateness of the level of \n classification to the information classified; and\n ``(ii) the basis for the classification decision \n with respect to the information.\n ``(B) Referring to the original classification authority or \n successor for reconsideration of questions concerning \n information raised pursuant to paragraph (2).\n ``(3) The annual determination of, and publication of a \n list of, foreign governments that have written procedures \n generally applicable to the classification of information that \n are available to the public.\n ``(c) This section shall take effect on the date of approval of the \njoint resolution under section 806.\n\n ``congressional approval of implementing actions\n\n ``Sec. 806. (a) The President shall develop a proposal for \nimplementing this title and shall submit such proposal to the Congress \nfor approval in accordance with subsection (b).\n ``(b)(1) The proposal referred to in subsection (a) may not take \neffect until after Congress approves the proposal by joint resolution \nin accordance with this section.\n ``(2) Any such joint resolution shall be considered in the Senate \nin accordance with the provisions of section 601(b) of the \nInternational Security Assistance and Arms Export Control Act of 1976.\n ``(3) For the purpose of expediting the consideration and enactment \nof joint resolutions under this subsection, a motion to proceed to the \nconsideration of any such joint resolution after it has been reported \nby the appropriate committee shall be treated as highly privileged in \nthe House of Representatives.\n\n ``definitions\n\n ``Sec. 807. For the purposes of this title:\n ``(1) The term `information' means any knowledge that can \n be communicated or documentary material, regardless of its \n physical form or characteristics, that is owned by, produced by \n or for, or is under the control of the United States \n Government.\n ``(2) The term `original classification' means an initial \n determination that information requires, in the interest of \n national security, protection against public release.''.\n (b) Conforming Amendment.--The table of contents of the National \nSecurity Act of 1947 is amended by adding at the end the following:\n\n ``TITLE VIII--CLASSIFICATION OF INFORMATION\n\n ``Sec. 801. Classification criteria.\n ``Sec. 802. Classification levels.\n ``Sec. 803. Classification authority.\n ``Sec. 804. Duration of classification.\n ``Sec. 805. Information Security Oversight Office.\n ``Sec. 806. Congressional approval of implementing actions.\n ``Sec. 807. Definitions.''.","summary":"Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information. Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified. Specifies information that may be classified and purposes for which information shall not be classified . Provides: (1) classification levels, (2) classification authority only for the President and his designees. And (3) classification duration . Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act. Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act. Requires congressional approval by joint resolution.","title":"Information Classification Act of 1994","text_len":10805,"sum_len":1060} {"bill_id":"104_hr3489","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ballistic Missile Defense Act of \n1996''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Short-range theater ballistic missiles threaten United \n States Armed Forces wherever engaged abroad. Therefore, the \n expeditious deployment of theater missile defenses to intercept \n ballistic missiles at greater ranges and higher altitudes is \n the highest priority among all ballistic missile defense \n programs.\n (2) The United States is developing defensive systems to \n protect the United States against the threat of limited \n ballistic missile attacks. Ground-based defensive systems are \n attainable, compliant with the ABM Treaty, more affordable than \n spaced-based interceptors or space-based lasers, and can \n protect all of the United States from limited ballistic missile \n attack.\n (3) Defending against ballistic missile attacks upon our \n national territory requires not only missile defenses but arms \n control agreements and nonproliferation measures that lower the \n threat and curb the spread of ballistic missile technology.\n (4) The massive retaliatory capability of the United States \n deterred the Soviet Union, and any other nation, from launching \n an attack by intercontinental ballistic missiles throughout the \n Cold War. The Nuclear Posture Review conducted by the \n Department of Defense affirms the effectiveness of deterrence \n now and into the future. While the threat of intentional attack \n upon the United States has receded, the risk of an accidental \n or unauthorized attack by Russia or China remains but is \n remote.\n (5) United States arms control agreements (notably the \n START I Treaty and the START II Treaty, once implemented) will \n lower the threat to the United States from large-scale nuclear \n attack. The START I Treaty, when fully implemented, will reduce \n deployed warheads by over 40 percent below 1990 levels. By the \n end of 1996, only Russia, among the states of the former Soviet \n Union, will deploy nuclear weapons. The START II Treaty, if \n implemented, will reduce warheads deployed in Russia by 66 \n percent below their levels before the Start I Treaty.\n (6) As strategic offensive weapons are reduced, the \n efficacy and affordability of defensive systems increases, \n raising the possibility of deterrence based upon effective \n defenses rather than deterrence based solely upon threat of \n massive retaliation.\n (7) Countries hostile to the United States (such as Iraq, \n Iran, North Korea, and Libya) have manifested an interest in \n developing ballistic missiles capable of reaching the United \n States. These countries may accelerate the development of long-\nrange missiles if they receive external support, but in the absence of \noutside assistance, newly emerging threats may take as long as 15 years \nto mature, according to recent intelligence estimates.\n (8) The Nuclear Non-Proliferation Treaty, the Missile \n Technology Control Regime, the Biological and Chemical Weapons \n Convention, and continuing United States efforts to enforce \n export controls will prevent or delay external assistance \n needed by those countries to develop intercontinental ballistic \n missiles and weapons of mass destruction.\n (9) The ABM Treaty has added to strategic stability by \n restraining the requirement on both sides for strategic \n weapons. At the summit in May 1995, the President of the United \n States and the President of Russia each reaffirmed his \n country's commitment to the ABM Treaty.\n (10) Abrogating the ABM Treaty to deploy a noncompliant \n system will not add to strategic stability if it impedes \n implementation of the START I or START II Treaty. Without the \n removal of strategic weapons scheduled by both treaties, the \n consequences and risks of unauthorized or accidental launches \n will remain undiminished, as will the potential threat of a \n large-scale attack capable of overwhelming any defenses \n deployed.\n (11) If the nuclear arsenal of the United States must be \n maintained at START I levels, significant unbudgeted costs will \n be incurred, encroaching on funds for ballistic missile \n defenses and other defense requirements.\n (12) Should arms control, nonproliferation efforts, and \n deterrence fail, the United States must be able to defend \n itself against limited ballistic missile attack.\n (13) Missile defense systems consistent with the ABM Treaty \n are capable of defending against limited ballistic missile \n attack. Should a national missile defense system require \n modification of the ABM Treaty, the treaty establishes the \n means for the parties to amend the treaty, which the parties \n have used in the past.\n\nSEC. 3. NATIONAL MISSILE DEFENSE POLICY.\n\n (a) In General.--It is the policy of the United States to develop \nby the year 2000 a National Missile Defense System that can be deployed \nin 2003.\n (b) Capability of System.--The National Missile Defense System to \nbe developed pursuant to subsection (a) shall be capable, when \ndeployed, of providing a highly effective defense of the United States \nagainst limited ballistic missile attacks.\n (c) Testing Before Deployment.--The system developed pursuant to \nsubsection (a) shall be rigorously tested during development.\n (d) Improvements.--If a decision to deploy the system developed \npursuant to subsection (a) is not made by the end of the year 2000, the \nSecretary of Defense shall ensure that the system is improved by \nincorporation of evolving technology to increase effectiveness and \nreduce costs of a subsequent deployment, and that rigorous testing \ncontinues.\n\nSEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES.\n\n The following, in the order listed, shall be the policy of the \nUnited States with respect to the priority for development and \ndeployment of ballistic missile defense programs:\n (1) First, maintaining the operational readiness of the \n Armed Forces, including a good quality of life for \n servicemembers and their families, and modernization of weapons \n systems to ensure mission effectiveness in the future.\n (2) Second, as part of such modernization, completing the \n development and deployment of essential theater missile defense \n (TMD) systems as soon as practicable.\n (3) Third, developing by the year 2000 for deployment in \n the year 2003 the system referred to in section 3 and section \n 5(b) and developing for deployment as soon as practicable the \n space-based sensors described in section 5(c).\n\nSEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.\n\n (a) Requirement for National Missile Defense Program.--To implement \nthe policy established in section 3, the Secretary of Defense shall \ninitiate a National Missile Defense Program, which shall position the \nUnited States, by the end of the year 2000, to be capable of deploying \na National Missile Defense system, as described in section 3(b), within \nthree years.\n (b) Elements of the NMD Program.--The National Missile Defense \nProgram shall include the following elements:\n (1) A ground-based interceptor system that provides \n coverage of the continental United States (including Alaska) \n and Hawaii.\n (2) Fixed ground-based radars.\n (3) Space-based sensors.\n (4) Battle management, command, control and communications \n (BM\/C<SUP>3).\n\nSEC. 6. IMPLEMENTATION OF NMD PROGRAM.\n\n The Secretary of Defense shall--\n (1) initiate plans and actions necessary to meet the \n deployment readiness goals specified in section 5(a);\n (2) conduct rigorous integrated system testing using \n elements representative of the National Missile Defense \n architecture referred to in section 5(b);\n (3) prescribe and use streamlined acquisition policies and \n procedures, in accordance with existing law, to reduce the cost \n and increase the efficiency of developing the system referred \n to in section 5(b); and\n (4) develop technologies that have the potential of \n improving the National Missile Defense system prescribed in \n section 5(b).\n\nSEC. 7. REPORTING REQUIREMENT.\n\n Not later than March 15, 1997, the Secretary of Defense shall \nsubmit to Congress a report on the Secretary's plan for the National \nMissile Defense Program required by this Act. The report shall include \nthe following matters:\n (1) The Secretary's plan for carrying out this Act, \n including--\n (A) a detailed description of the system \n architecture selected for development under section \n 5(b); and\n (B) a justification of the architecture selected \n and reasons for the rejection of the other candidate \n architectures.\n (2) The Secretary's estimate of the amount of \n appropriations required for research, development, test, \n evaluation, and for procurement, for each of fiscal years 1997 \n through 2003 in order to achieve an initial operational \n capability in 2003.\n (3) A description of promising technologies to be pursued \n in accordance with the requirements of section 6(4).\n (4) A determination of the point at which any activity that \n is required to be carried out under this Act would conflict \n with the terms of the ABM Treaty, together with a description \n of any such activity, the legal basis for the Secretary's \n determination, and an estimate of the time at which such point \n would be reached in order to meet an initial operating \n capability in the year 2003.\n\nSEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES \n FROM WEAPONS OF MASS DESTRUCTION.\n\n (a) Measures To Address Threats From Weapons of Mass Destruction.--\nIn order to defend against weapons of mass destruction by preventing \nthe spread of fissile materials and other components of weapons of mass \ndestruction, the President shall--\n (1) enhance efforts, both unilaterally and in cooperation \n with other nations, to prevent terrorist organizations from \n obtaining and using weapons of mass destruction;\n (2) expedite United States efforts to assist the \n Governments of the Russian Federation, Ukraine, Belarus, and \n Kazakhstan, as appropriate, in improving the safety, security, \n and accountability of fissile materials and nuclear warheads;\n (3) undertake additional steps to prevent weapons of mass \n destruction and their components from being smuggled into the \n United States, through the use of improved security devices at \n United States ports of entry, increased numbers of Border \n Patrol agents, increased monitoring of international borders, \n and other appropriate measures;\n (4) seek the widest possible international adherence to the \n Missile Technology Control Regime and pursue to the fullest \n other export control measures intended to deter and counter the \n spread of weapons of mass destruction and their components; and\n (5) enhance conventional weapons systems to ensure that the \n United States possesses effective deterrent and counterforce \n capabilities against weapons of mass destruction and their \n delivery systems.\n (b) Measures To Address Threats From ICBMs.--In order to reduce the \nthreat to the United States from weapons of mass destruction delivered \nby intercontinental ballistic missiles, including accidental or \nunauthorized launches, the President shall--\n (1) urge the Government and Parliament of the Russian \n Federation to ratify the START II Treaty as soon as possible, \n permitting its expeditious entry into force;\n (2) pursue with the Government of the Russian Federation, \n after START II entry-into-force, a symmetrical program of early \n deactivation of strategic forces to be eliminated under START \n II; and\n (3) work jointly with countries possessing intercontinental \n ballistic missiles to improve command and control technology \n and operations to the maximum extent practicable.\n (c) Department of Defense Program.--Consistent with, and in order \nto compelement, the steps to be taken by the President under subsection \n(a)(3), the Secretary of Defense shall carry out a program to enhance \nthe capabilities of the United States relating to the threat to the \nUnited States of a chemical or biological weapons attack inside the \nUnited States by unconventional means. In carrying out such program, \nthe Secretary shall take into consideration the assessments and \nrecommendations of the task force established under subsection (d). The \nactivities to be carried out by the Secretary under the program shall \ninclude the following:\n (1) Research, development, test, and evaluation of \n technologies relating to any of the following:\n (A) Detection of chemical or biological weapons.\n (B) Interception of such weapons.\n (C) Protection against such weapons.\n (D) Response to an attack inside the United States \n using such weapons.\n (E) Decontamination of areas affected by an attack \n using such weapons.\n (2) Training of personnel for the activities specified in \n subparagraphs (A) through (E) of paragraph (1).\n (3) Identification of Federal equipment and technologies \n that can be transferred from one Federal agency to another \n agency or to State and local agencies consistent with the \n purposes of the program under this subsection.\n (d) Interagency Task Force.--(1) There is hereby established in the \nexecutive branch an interagency task force to assess, and make \nrecommendations concerning, the capabilities of the United States \nrelating to the threat of a chemical or biological weapons attack \ninside the United States by unconventional means.\n (2) The task force shall on an ongoing basis assess the current \nstate of the United States with respect to each of the following and \nshall identify and recommend potential improvements:\n (A) The nature of the threat to the United States of a \n chemical or biological weapons attack inside the United States \n by unconventional means.\n (B) Capabilities related to detection and interception of \n such weapons or the possibility of such an attack.\n (C) Capabilities related to protection against the effects \n of such an attack.\n (D) Capabilities related to preparedness for, and response \n to, such an attack.\n (E) Capabilities related to decontamination following such \n an attack.\n (F) Public education concerning the dangers of such an \n attack and the appropriate response to such an attack.\n (3) Membership of the task force shall include representatives of \nthe following departments and agencies:\n (A) The Department of Defense.\n (B) The Central Intelligence Agency, but only with respect \n to assessment of the nature of the threat.\n (C) The Department of Justice, including the Federal Bureau \n of Investigation and the Immigration and Naturalization \n Service.\n (D) The Federal Emergency Management Agency.\n (E) The Department of the Treasury, including the Customs \n Service and the Bureau of Alcohol, Tobacco, and Firearms.\n (F) The Department of Health and Human Services, including \n the Centers for Disease Control.\n (4) In carrying out its activities, the task force shall consult \nregularly with, and shall seek the views of, representatives of--\n (A) State and local government law enforcement authorities; \n and\n (B) State and local government emergency planning \n authorities.\n (5) Administrative support for the task force shall be provided by \nthe Secretary of Defense.\n (e) Annual Report.--The President shall submit to Congress an \nannual report on actions by the United States to comply with the \nprovisions of this section. The first such report shall be submitted \nnot later than 180 days after the date of the enactment of this Act.\n\nSEC. 9. POLICY REGARDING THE ABM TREATY.\n\n (a) In General.--The President shall--\n (1) carry out the policies, programs, and requirements of \n this Act in a manner consistent with the ABM Treaty or through \n processes specified within the ABM Treaty;\n (2) at an appropriate time, seek amendments to the ABM \n Treaty, as provided in Articles XIII and XIV of the Treaty, if \n such amendments are required to deploy the National Missile \n Defense system prescribed in section 5; and\n (3) treat any negotiated amendment to the ABM Treaty as \n having entered into force only if such amendment is made in the \n same manner as a treaty (including the requirement that \n ratification by the United States is subject to the advice and \n consent of the Senate).\n (b) Modifications Restricting TMD Systems.--The United States shall \nnot be bound by any amendment or other substantive modification to the \nABM treaty that restricts theater ballistic missile defense systems \nunless--\n (1) that system is actually flight-tested against a \n ballistic missile that exceeds (A) a range of 3,500 kilometers, \n or (B) a velocity of 5 kilometers per second; or\n (2) the agreement for such modification is made pursuant to \n the requirements of section 235 of the National Defense \n Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 \n Stat. 231).\n\nSEC. 10. ABM TREATY DEFINED.\n\n For purposes of this Act, the term ``ABM Treaty'' means the Treaty \nbetween the United States and the Union of Soviet Socialist Republics \non the Limitation of Anti-Ballistic Missile Systems, signed at Moscow \non May 26, 1972, and includes Protocols to that Treaty signed at Moscow \non July 3, 1974, and all Agreed Statements and amendments to such \nTreaty in effect.","summary":"Ballistic Missile Defense Act of 1996 - Declares that it is US policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003. (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks. And (3) shall be rigorously tested during development. Sets forth, in the following order, US policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future. (2) completing the development and deployment of essential theater missile defense systems. And (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States and Hawaii, (2) fixed ground-based radars, (3) space-based sensors. And (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements. Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components. (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles. And (3) carry out a program to enhance US capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means . Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty, (2) seek Treaty amendments necessary to deploy the System. And (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States.","title":"Ballistic Missile Defense Act of 1996","text_len":19133,"sum_len":2190} {"bill_id":"110_hr2313","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marine Renewable Energy Research and \nDevelopment Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The United States has a critical national interest in \n developing clean, domestic, renewable sources of energy in \n order to reduce environmental impacts of energy production, \n increase national security, improve public health, and bolster \n economic stability.\n (2) Marine renewable energy technologies are a nonemitting \n source of power production.\n (3) Marine renewable energy may serve as an alternative to \n fossil fuels and create thousands of new jobs within the United \n States.\n (4) Europe has already successfully delivered electricity \n to the grid through the deployment of wave and tidal energy \n devices off the coast of Scotland.\n (5) Recent studies from the Electric Power Research \n Institute, in conjunction with the Department of Energy's \n National Renewable Energy Laboratory, have identified an \n abundance of viable sites within the United States with ample \n wave and tidal resources to be harnessed by marine power \n technologies.\n (6) Sustained and expanded research, development, \n demonstration, and commercial application programs are needed \n to locate and characterize marine renewable energy resources, \n and to develop the technologies that will enable their \n widespread commercial development.\n (7) Federal support is critical to reduce the financial \n risk associated with developing new marine renewable energy \n technologies, thereby encouraging the private sector investment \n necessary to make marine renewable energy resources \n commercially viable as a source of electric power and for other \n applications.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) Marine renewable energy.--The term ``Marine Renewable \n Energy'' means energy derived from one or more of the following \n sources:\n (A) Waves.\n (B) Tidal flows.\n (C) Ocean currents.\n (D) Ocean thermal energy conversion.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\nSEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.\n\n (a) In General.--The Secretary, in conjunction with other \nappropriate agencies, shall support programs of research, development, \ndemonstration, and commercial application to expand marine renewable \nenergy production, including programs to--\n (1) study and compare existing marine renewable energy \n extraction technologies;\n (2) research, develop, and demonstrate advanced marine \n renewable energy systems and technologies;\n (3) reduce the manufacturing and operation costs of marine \n renewable energy technologies;\n (4) investigate efficient and reliable integration with the \n utility grid and intermittency issues;\n (5) advance wave forecasting technologies;\n (6) conduct experimental and numerical modeling for \n optimization of marine energy conversion devices and arrays;\n (7) increase the reliability and survivability of marine \n renewable energy technologies, including development of \n corrosive-resistant materials;\n (8) study, in conjunction with the Assistant Administrator \n for Research and Development of the Environmental Protection \n Agency, the Undersecretary of Commerce for Oceans and \n Atmosphere, and other Federal agencies as appropriate, the \n environmental impacts of marine renewable energy technologies \n and ways to address adverse impacts, and provide public \n information concerning technologies and other means available \n for monitoring and determining environmental impacts;\n (9) establish protocols, in conjunction with the National \n Oceanic and Atmospheric Administration, for how the ocean \n community may best interact with marine renewable energy \n devices;\n (10) develop power measurement standards for marine \n renewable energy;\n (11) develop identification standards for marine renewable \n energy devices;\n (12) address standards development, demonstration, and \n technology transfer for advanced systems engineering and system \n integration methods to identify critical interfaces; and\n (13) utilize marine resources in the Gulf of Mexico, the \n Atlantic Ocean, and the Pacific Ocean.\n (b) Siting Criteria.--The Secretary, in conjunction with other \nappropriate Federal agencies, shall develop, prior to installation of \nany technologies under this section, siting criteria for marine \nrenewable energy generation demonstration and commercial application \nprojects funded under this Act.\n\nSEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND \n DEMONSTRATION CENTERS.\n\n (a) Centers.--The Secretary, acting through the National Renewable \nEnergy Laboratory, shall award grants to institutions of higher \neducation (or consortia thereof) for the establishment of 1 or more \nNational Marine Renewable Energy Research, Development, and \nDemonstration Centers. In selecting locations for Centers, the \nSecretary shall consider sites that meet one of the following criteria:\n (1) Hosts an existing marine renewable energy research and \n development program in coordination with a public university \n engineering program.\n (2) Has proven expertise to support environmental and \n policy-related issues associated with harnessing of energy in \n the marine environment.\n (3) Has access to and utilizes the marine resources in the \n Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.\nThe Secretary may give special consideration to historically black \ncolleges and universities and land grant universities that also meet \none of these criteria. In establishing criteria for the selection of \nCenters, the Secretary shall coordinate with the Undersecretary of \nCommerce for Oceans and Atmosphere on the criteria related to advancing \nwave forecasting technologies, studying the compatibility with the \nenvironment of marine renewable energy technologies and systems, and \nestablishing protocols for how the ocean community best interacts with \nmarine renewable energy devices and parks.\n (b) Purposes.--The Centers shall advance research, development, \ndemonstration, and commercial application of marine renewable energy \nthrough a number of initiatives including for the purposes described in \nsection 4(1) through (13), and shall serve as an information \nclearinghouse for the marine renewable energy industry, collecting and \ndisseminating information on best practices in all areas related to \ndeveloping and managing enhanced marine renewable energy systems \nresources.\n (c) Demonstration of Need.--When applying for a grant under this \nsection, an applicant shall include a description of why Federal \nsupport is necessary for the Center, including evidence that the \nresearch of the Center will not be conducted in the absence of Federal \nsupport.\n\nSEC. 6. APPLICABILITY OF OTHER LAWS.\n\n Nothing in this Act shall be construed as waiving the applicability \nof any requirement under any environmental or other Federal or State \nlaw.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary to carry \nout this Act $50,000,000 for each of the fiscal years 2008 through \n2012, except that no funds shall be appropriated under this section for \nactivities that are receiving funds under section 931(a)(2)(E)(i) of \nthe Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).\n ","summary":"Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies, (2) investigation of utility grid and intermittency issues. (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials. (4) a study of environmental impacts of such technologies and ways to address adverse impacts. And (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices. Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies. Directs the Secretary to award grants to institutions of higher education to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources. Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria. Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005.","title":"To establish research, development, demonstration, and commercial application programs for marine renewable energy technologies.","text_len":8140,"sum_len":1622} {"bill_id":"103_hr5040","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education in Vocational Technology \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) rapid technological advances and global economic \n competition demand increased levels of skilled technical \n education by high school graduates and other young job seekers \n entering the workforce;\n (2) in order to increase the productivity of the Nation's \n economy and ensure that an adequate number of high school \n graduates and other workers are qualified to enter the high \n technology workplace of the future, it is necessary to improve \n the quality of instruction in manufacturing and other \n vocational technologies; and\n (3) technical education programs which use state-of-the-art \n equipment and appropriate technologies will help provide \n workers with the technical skills necessary for employment in a \n changing workplace.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to provide grants to States that--\n (1) assist local educational agencies in improving the \n quality of instruction and training in, or developing \n instruction and training in, manufacturing and other vocational \n technologies; and\n (2) assist local educational agencies in purchasing state-\n of-the-art equipment for technical vocational education.\n\nSEC. 4. GRANTS FOR EDUCATION AND TRAINING.\n\n (a) Authorization.--\n (1) In general.--The Secretary is authorized to make grants \n to the States to improve the quality of instruction or training \n in, or develop instruction and training in, manufacturing and \n other occupational technologies.\n (2) State application.--A State Board of Vocational \n Education that desires to receive a grant under this Act shall \n submit an application to the Secretary at such time and in such \n manner and form as the Secretary may reasonably require.\n (3) State costs.--Not more than 10 percent of a grant \n received under this section may be used by the State Board of \n Vocational Education for administrative costs.\n (b) Allocations.--Not less than 90 percent of the amount received \nby a State Board of Vocational Education shall be distributed to local \neducational agencies.\n (c) Local Funds.--\n (1) Local application.--A local educational agency that \n desires to receive a grant under this section shall submit an \n application to the State Board of Vocational Education.\n (2) Distribution.--In approving grants under this section, \n the State Board of Vocational Education shall assure an \n equitable distribution among urban and rural areas of the \n State.\n (3) Administrative costs.--Not more than 5 percent of a \n grant made under this section to a local educational agency may \n be used for administrative costs.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated $100,000,000 for each of the fiscal years 1995 through \n1999 to carry out this section.\n\nSEC. 5. GRANTS FOR EQUIPMENT.\n\n (a) Authorization.--\n (1) In general.--The Secretary is authorized to make grants \n to the States to assist States in purchasing state-of-the-art \n equipment for technical vocational education.\n (2) State application.--A State Board of Vocational \n Education that desires to receive a grant under this Act shall \n submit an application to the Secretary at such time and in such \n manner and form as the Secretary may reasonably require. States \n that also are applying for a grant under section 4(a)(2), may \n amend such application to include programs under this section.\n (3) State costs.--Not more than 10 percent of a grant \n received under this section may be used by a State Board of \n Vocational Education for administrative costs.\n (b) Allocations.--Not less than 90 percent of the amount received \nby a State Board of Vocational Education shall be distributed to local \neducational agencies.\n (c) Local Funds.--\n (1) Local application.--A local educational agency that \n desires to receive a grant under this section shall submit an \n application to the State Board of Vocational Education.\n (2) Distribution.--In approving grants under this section, \n the State Board of Vocational Education shall assure an \n equitable distribution among urban and rural areas of the \n State.\n (3) Administrative costs.--Not more than 5 percent of a \n grant made under this section to a local educational agency may \n be used for administrative costs.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated $100,000,000 for each of the fiscal years 1995 through \n1999 to carry out this section.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Secretary'' means the Secretary of \n Education.\n (2) The term ``local educational agency'' has the same \n meaning given such term in section 1471 of the Elementary and \n Secondary Education Act of 1965.\n (3) The term ``State Board of Vocational Education'' means \n the sole State agency responsible for the administration or the \n supervision of the State vocational education program as \n described in section 111(a) of the Carl D. Perkins Vocational \n and Applied Technology Education Act.","summary":"Education in Vocational Technology Act - Authorizes the Secretary of Education to make grants to States to assist local educational agencies in: (1) improving the quality of or developing instruction and training in manufacturing and other vocational technologies. And (2) purchasing state-of-the-art equipment for technical vocational education. Requires State Boards of Vocational Education to distribute at least 90 percent of such amounts to local education agencies, equitably among urban and rural areas. Authorizes appropriations.","title":"Education in Vocational Technology Act","text_len":5698,"sum_len":537} {"bill_id":"105_hr1549","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Harold Hughes-Bill Emerson \nCommission on Alcoholism Act''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the Harold Hughes-\nBill Emerson Commission on Alcoholism (in this Act referred to as the \n``Commission'').\n\nSEC. 3. DUTIES.\n\n (a) In General.--The Commission shall carry out the following \nduties:\n (1) Hold public hearings on selected areas of interest \n related to alcoholism.\n (2) Promote the development of a national consensus on \n policy issues related to alcoholism, which may include \n conducting a national opinion survey on attitudes toward the \n disease of alcoholism and its prevention.\n (3) Evaluate the interest of the provider and medical \n communities in new medications related to alcoholism and the \n barriers to the communities in obtaining such medications, and \n make recommendations regarding research on and the \n manufacturing and availability of such medications.\n (4) In conjunction with the National Institute on \n Alcoholism and Alcohol Abuse and the advisory council of such \n Institute, conduct a study to identify the current state-of-\n the-art alcohol research, unmet alcohol research needs, and \n appropriate research funding in view of the size and scope of \n the alcoholism problem.\n (5) Evaluate and make recommendations regarding the \n education of physicians in American medical schools concerning \n alcoholism (including an examination of the requirements of \n accreditation of medical schools) and the certification of \n other individuals trained to provide alcoholism prevention and \n treatment services.\n (6) Evaluate and make recommendations regarding the \n availability, timing, and dissemination of research information \n to alcoholism prevention and treatment services administrators \n and providers, and the application of current research findings \n by these administrators and providers.\n (7) Make recommendations designed to reduce and prevent \n alcoholism which include recommendations concerning appropriate \n roles for the Federal, State, and local governments and the \n private sector, and concerning specific changes needed to \n Federal laws and Federal programs.\n (b) Reports.--Not later than two years after the date on which \namounts under section 8 are first made available for carrying out this \nAct, the Commission shall submit to the President and the Congress a \nreport describing the findings made in studies under subsection (a). \nThe Commission may submit to the President and the Congress such \ninterim reports regarding the duties of the Commission under such \nsubsection as the Commission determines to be appropriate.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Composition.--\n (1) In general.--The Commission shall be composed of 12 \n voting members appointed in accordance with paragraph (2), one \n ex officio voting member designated in paragraph (3), and such \n ex officio nonvoting members as may serve pursuant to paragraph \n (4).\n (2) Appointed members.--Members of the Commission shall be \n appointed in accordance with the following:\n (A) The President shall appoint four individuals \n who are not officers or employees of the Federal \n Government. Such individuals shall be appointed from \n four of the following fields of expertise:\n (i) An economist.\n (ii) A biomedical or behavioral researcher \n or clinician.\n (iii) A person from the field of business.\n (iv) A representative of the medical \n schools.\n (v) A health provider.\n (B) The President Pro Tempore of the Senate shall, \n after consultation with the majority and minority \n leaders of the Senate, appoint four individuals. Of \n such individuals--\n (i) two shall be Senators;\n (ii) one shall be an expert in alcoholism \n prevention; and\n (iii) one shall be an expert in alcoholism \n treatment.\n (C) The Speaker of the House of Representatives \n shall, after consultation with the majority and \n minority leaders of the House, appoint four \n individuals. Of such individuals--\n (i) two shall be Members of the House;\n (ii) one shall be a person with personal or \n family experience with alcoholism; and\n (iii) one shall be a marketing or \n communications expert.\n (3) Voting ex officio member.--The Director of the National \n Institute on Alcoholism and Alcohol Abuse shall serve as a \n voting ex officio member of the Commission.\n (4) Nonvoting ex officio members or advisors.--The \n Commission may request Federal officials to serve as nonvoting \n members of or advisors to the Commission, including but not \n limited to--\n (A) the Secretary of Veterans Affairs or the \n designee of the Secretary;\n (B) the Assistant Secretary of Health, Department \n of Defense, or the designee of the Assistant Secretary;\n (C) the Secretary of Health and Human Services or \n the designee of the Secretary; and\n (D) the Attorney General or the designee of the \n Attorney General.\n (b) Chair.-- The Commission shall designate a voting member of the \nCommission to serve as the chair of the Commission.\n (c) Terms.--The term of a member of the Commission is the duration \nof the Commission.\n (d) Vacancies.--\n (1) Authority of commission.--A vacancy in the membership \n of the Commission does not affect the power of the remaining \n members to carry out the duties under section 3.\n (2) Appointment of successors.--A vacancy in the membership \n of the Commission shall be filled in the manner in which the \n original appointment was made.\n (3) Incomplete term.--If a member of the Commission does \n not serve the full term applicable to the member, the \n individual appointed to fill the resulting vacancy shall be \n appointed for the remainder of the term of the predecessor of \n the individual.\n (e) Meetings.--\n (1) In general.--The Commission shall meet at the call of \n the Chair or a majority of the members, except that not less \n than two meetings shall be held each year for the duration of \n the Commission.\n (2) Quorum.--A quorum for meetings of the Commission is \n constituted by the presence of 7 members, except that a lesser \n number may conduct hearings under section 6(a).\n (f) Compensation; Reimbursement of Expenses.--\n (1) Compensation.--Members of the Commission may not \n receive compensation for service on the Commission, subject to \n paragraph (2).\n (2) Reimbursement.--Members of the Commission may, in \n accordance with chapter 57 of title 5, United States Code, be \n reimbursed for travel, subsistence, and other necessary \n expenses incurred in carrying out the duties of the Commission.\n\nSEC. 5. STAFF AND CONSULTANTS.\n\n (a) Staff.--\n (1) In general.--The Commission may appoint and determine \n the compensation of such staff as may be necessary to carry out \n the duties of the Commission, including an executive director. \n Such appointments and compensation may be made without regard \n to the provisions of title 5, United States Code, that govern \n appointments in the competitive services, and the provisions of \n chapter 51 and subchapter III of chapter 53 of such title that \n relate to classifications and the General Schedule pay rates.\n (2) Limitation.--Staff members appointed under paragraph \n (1) may not be compensated in excess of the maximum rate of \n basic pay payable for GS-15, except that the executive director \n may not be compensated in an amount exceeding the maximum rate \n of basic pay payable under the General Schedule for positions \n above GS-15.\n (b) Consultants.--The Commission may procure such temporary and \nintermittent services of consultants under section 3109(b) of title 5, \nUnited States Code, as the Commission may determine to be useful in \ncarrying out the duties under section 3. The Commission may not procure \nservices under this subsection at any rate in excess of the daily \nequivalent of the maximum annual rate of basic pay payable under the \nGeneral Schedule for positions above GS-15. Consultants under this \nsubsection may, in accordance with chapter 57 of title 5, United States \nCode, be reimbursed for travel, subsistence, and other necessary \nexpenses incurred for activities carried out on behalf of the \nCommission pursuant to section 3.\n\nSEC. 6. POWERS.\n\n (a) In General.--For the purpose of carrying out the duties of the \nCommission under section 3, the Commission may hold such hearings, sit \nand act at such times and places, take such testimony, and receive such \nevidence as the Commission considers appropriate.\n (b) Obtaining Official Information.--Upon the request of the \nCommission, the heads of Federal agencies shall furnish directly to the \nCommission information necessary for the Commission to carry out the \nduties under section 3.\n (c) Use of Mails.--The Commission may use the United States mails \nin the same manner and under the same conditions as Federal agencies.\n (d) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission on a reimbursable basis such administrative support, \nincluding quarters for the Commission, as may be necessary for the \nCommission to carry out the duties under section 3.\n (e) Acceptance of Gifts.--The Commission may accept cash and in-\nkind contributions to the Commission for the purpose of carrying out \nthe activities of the Commission.\n\nSEC. 7. DURATION OF COMMISSION.\n\n The Commission terminates upon the expiration of the 60-day period \nbeginning on the date on which the final report is submitted under \nsection 3(b).\n\nSEC. 8. AUTHORIZATION FOR APPROPRIATIONS.\n\n For the purpose of carrying out this Act, there is authorized to be \nappropriated $3,000,000. Amounts appropriated under the preceding \nsentence are available until the termination of the Commission under \nsection 7.\n\nSEC. 9. CONFORMING AMENDMENT.\n\n Section 18 of Public Law 96-180 (93 Stat. 1306; 42 U.S.C. 4541 \nnote) is repealed.","summary":"Harold Hughes-Bill Emerson Commission on Alcoholism Act - Establishes the Harold Hughes-Bill Emerson Commission on Alcoholism. Includes among the duties of the Commission: (1) promoting the development of a national consensus on policy issues related to alcoholism. (2) evaluating the interest of the provider and medical communities in new medications related to alcoholism and the barriers to the communities in obtaining such medications. (3) in conjunction with the National Institute on Alcoholism and Alcohol Abuse, conducting a study to identify the current state-of-the-art alcohol research, unmet alcohol research needs, and appropriate research funding in view of the size and scope of the alcoholism problem. (4) evaluating and making recommendations regarding the education of physicians in American medical schools concerning alcoholism and the certification of other individuals trained to provide alcoholism prevention and treatment services. And (5) making recommendations designed to reduce and prevent alcoholism, including recommendations concerning appropriate roles for the Federal, State, and local governments and the private sector and changes needed to Federal laws and programs. Requires the Commission to report to the President and the Congress on its findings. Authorizes appropriations.","title":"Harold Hughes-Bill Emerson Commission on Alcoholism Act","text_len":11334,"sum_len":1316} {"bill_id":"110_s2161","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Pharmacy Fairness Act of \n2007''.\n\nSEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES \n NEGOTIATING WITH HEALTH PLANS.\n\n (a) In General.--Any independent pharmacies who are engaged in \nnegotiations with a health plan regarding the terms of any contract \nunder which the pharmacies provide health care items or services for \nwhich benefits are provided under such plan shall, in connection with \nsuch negotiations, be entitled to the same treatment under the \nantitrust laws as the treatment to which bargaining units which are \nrecognized under the National Labor Relations Act (29 U.S.C. 151 et \nseq.) are entitled in connection with activities described in section 7 \nof such Act (29 U.S.C. 157). Such a pharmacy shall, only in connection \nwith such negotiations, be treated as an employee engaged in concerted \nactivities and shall not be regarded as having the status of an \nemployer, independent contractor, managerial employee, or supervisor.\n (b) Protection for Good Faith Actions.--Actions taken in good faith \nreliance on subsection (a) shall not be the subject under the antitrust \nlaws of criminal sanctions nor of any civil damages, fees, or penalties \nbeyond actual damages incurred.\n (c) No Change in National Labor Relations Act.--This section \napplies only to independent pharmacies excluded from the National Labor \nRelations Act. Nothing in this section shall be construed as changing \nor amending any provision of the National Labor Relations Act, or as \naffecting the status of any group of persons under that Act.\n (d) Effective Date.--The exemption provided in subsection (a) shall \napply to conduct occurring beginning on the date of the enactment of \nthis Act.\n (e) Limitation on Exemption.--Nothing in this section shall exempt \nfrom the application of the antitrust laws any agreement or otherwise \nunlawful conspiracy that excludes, limits the participation or \nreimbursement of, or otherwise limits the scope of services to be \nprovided by any independent pharmacy or group of independent pharmacies \nwith respect to the performance of services that are within their scope \nof practice as defined or permitted by relevant law or regulation.\n (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in \nthis section shall be construed to affect the application of title VI \nof the Civil Rights Act of 1964.\n (g) No Application to Specified Federal Programs.--Nothing in this \nsection shall apply to negotiations between independent pharmacies and \nhealth plans pertaining to benefits provided under any of the \nfollowing:\n (1) The Medicaid Program under title XIX of the Social \n Security Act (42 U.S.C. 1396 et seq.).\n (2) The State Children's Health Insurance Program (SCHIP) \n under title XXI of the Social Security Act (42 U.S.C. 1397aa et \n seq.).\n (3) Chapter 55 of title 10, United States Code (relating to \n medical and dental care for members of the uniformed services).\n (4) Chapter 17 of title 38, United States Code (relating to \n Veterans' medical care).\n (5) Chapter 89 of title 5, United States Code (relating to \n the Federal employees' health benefits program).\n (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 \n et seq.).\n (h) Definitions.--For purposes of this section:\n (1) Antitrust laws.--The term ``antitrust laws''--\n (A) has the meaning given it in subsection (a) of \n the first section of the Clayton Act (15 U.S.C. 12(a)), \n except that such term includes section 5 of the Federal \n Trade Commission Act (15 U.S.C. 45) to the extent such \n section 5 applies to unfair methods of competition; and\n (B) includes any State law similar to the laws \n referred to in subparagraph (A).\n (2) Health plan and related terms.--\n (A) In general.--The term ``health plan''--\n (i) means a group health plan or a health \n insurance issuer that is offering health \n insurance coverage;\n (ii) includes a prescription drug plan \n offered under part D of title XVIII of the \n Social Security Act and a Medicare Advantage \n plan offered under part C of such title; and\n (iii) includes any entity that contracts \n with such a plan or issuer for the \n administering of services under the plan or \n coverage.\n (B) Health insurance coverage; health insurance \n issuer.--The terms ``health insurance coverage'' and \n ``health insurance issuer'' have the meanings given \n such terms under paragraphs (1) and (2), respectively, \n of section 733(b) of the Employee Retirement Income \n Security Act of 1974 (29 U.S.C. 1191b(b)).\n (C) Group health plan.--The term ``group health \n plan'' has the meaning given that term in section \n 733(a)(1) of the Employee Retirement Income Security \n Act of 1974 (29 U.S.C. 1191b(a)(1)).\n (3) Independent pharmacy.--The term ``independent \n pharmacy'' means a pharmacy which is not owned (or operated) by \n a publicly traded company. For purposes of the previous \n sentence, the term ``publicly traded company'' means a company \n that is an issuer within the meaning of section 2(a)(7) of the \n Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).","summary":"Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Prohibits: (1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation. And (2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits.","title":"A bill to ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.","text_len":5888,"sum_len":1126} {"bill_id":"114_hr3290","text":"SECTION 1. FINDINGS.\n\n The Congress finds the following:\n (1) As a Member of Congress from the Tenth Congressional \n District of Texas, as Majority Leader of the U.S. Senate, Vice-\n President and President of the United States, Lyndon Baines \n Johnson's accomplishments in the fields of civil rights, \n education, and economic opportunity rank among the greatest \n achievements of the past half century.\n (2) As President, Lyndon Johnson proposed, championed, led \n to passage, and signed into law on August 6, 1965, the Voting \n Rights Act of 1965, which swept away barriers impeding millions \n of Americans from meaningful participation in American \n political life.\n (3) On July 30, 1965, President Johnson signed into law the \n Social Security Amendments Act of 1965, popularly known as \n Medicare, which has transformed the delivery of health care in \n the United States and which, along with Social Security, \n reduced the rate of poverty among the elderly from 28.5 percent \n in 1966 to 9.1 percent in 2012.\n (4) On July 2, 1964, President Johnson secured passage and \n signed into law the most sweeping civil rights legislation \n since Reconstruction, the Civil Rights Act of 1964, which \n prohibits discrimination in employment, education, and public \n accommodations based on race, color, religion, or national \n origin.\n (5) On November 8, 1965, President Johnson signed into law \n the Higher Education Act, which provided need-based financial \n aid to students in the form of scholarships, work-study grants, \n and loans, and thus made higher education more accessible to \n populations of persons who were previously unable to attend \n college because of economic circumstances.\n (6) On October 3, 1965, President Johnson signed into law \n the Immigration and Naturalization Act of 1965, which \n transformed the Nation's immigration system by abolishing the \n racially based quota system that had defined American \n immigration policy for four decades and replaced it with a \n policy whose central purpose was family reunification, with a \n preference for immigrants with specific skill sets.\n (7) According to Robert A. Caro, the preeminent biographer \n of Lyndon Baines Johnson, with the single exception of Lincoln, \n President Johnson was the greatest champion of the poor and \n underprivileged in the history of the Republic and was the \n President ``who wrote mercy and justice into the statute books \n by which America was governed''.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--The Speaker of the House of \nRepresentatives and the President pro tempore of the Senate shall make \nappropriate arrangements for the posthumous award, on behalf of \nCongress, of a gold medal of appropriate design to Lyndon Baines \nJohnson in recognition of his contributions to the Nation, including \npassage of the landmark Voting Rights Act of 1965, the Social Security \nAmendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the \nHigher Education Act of 1965, and the Immigration and Naturalization \nAct of 1965.\n (b) Design and Striking.--For purposes of the presentation referred \nto in subsection (a), the Secretary of the Treasury (referred to in \nthis Act as the ``Secretary'') shall strike a gold medal with suitable \nemblems, devices, and inscriptions to be determined by the Secretary.\n (c) Lyndon Baines Johnson Library and Museum.--\n (1) In general.--Following the award of the gold medal \n under subsection (a), the gold medal shall be given to the \n Lyndon Baines Johnson Library and Museum, where it will be \n available for display as appropriate and available for \n research.\n (2) Sense of congress.--It is the sense of the Congress \n that the Lyndon Baines Johnson Library and Museum should make \n the gold medal awarded pursuant to this Act available for \n display elsewhere, particularly at appropriate locations \n associated with Lyndon Baines Johnson.\n\nSEC. 3. DUPLICATE MEDALS.\n\n The Secretary may strike and sell duplicates in bronze of the gold \nmedal struck pursuant to section 2 under such regulations as the \nSecretary may prescribe, at a price sufficient to cover the cost \nthereof, including labor, materials, dies, use of machinery, and \noverhead expenses, and the cost of the gold medal.\n\nSEC. 4. STATUS OF MEDALS.\n\n (a) National Medals.--The medals struck pursuant to this Act are \nnational medals for purposes of chapter 51 of title 31, United States \nCode.\n (b) Numismatic Items.--For purposes of sections 5134 and 5136 of \ntitle 31, United States Code, all medals struck under this Act shall be \nconsidered to be numismatic items.","summary":"This bill directs the Speaker of the House and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Lyndon Baines Johnson in recognition of his contributions to the nation, including passage of the Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. Requires such medal to be given to the Lyndon Baines Johnson Library and Museum following its award, where it will be available for display and research.","title":"To award a Congressional Gold Medal to Lyndon Baines Johnson, the 36th President of the United States whose visionary leadership secured passage of the landmark Voting Rights Act of 1965, Social Security Amendments Act (Medicare) of 1965, Civil Rights Act of 1964, Higher Education Act of 1965, and Immigration and Naturalization Act of 1965.","text_len":5019,"sum_len":605} {"bill_id":"112_hr914","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Internship Improvement \nAct''.\n\nSEC. 2. FEDERAL INTERNSHIP PROGRAMS.\n\n (a) In General.--Subchapter I of chapter 31 of title 5, United \nStates Code, is amended by inserting after section 3111 the following:\n``Sec. 3111a. Federal internship programs\n ``(a) Internship Coordinator.--The head of each agency operating an \ninternship program shall appoint an individual within such agency to \nserve as an internship coordinator.\n ``(b) Online Information.--\n ``(1) Agencies.--The Office of Personnel Management shall \n make publicly available on the Internet--\n ``(A) the name and contact information of the \n internship coordinator for each agency; and\n ``(B) information regarding application procedures \n and deadlines for each internship program.\n ``(2) Office of personnel management.--The Office of \n Personnel Management shall make publicly available on the \n Internet links to the websites where the information described \n in paragraph (1) is displayed.\n ``(c) Centralized Database.--The Office shall establish and \nmaintain a centralized electronic database that contains the names, \ncontact information, and relevant skills of individuals who have \ncompleted or are nearing completion of an internship program and are \ncurrently seeking full-time Federal employment.\n ``(d) Exit Interview Requirement.--The agency operating an \ninternship program shall conduct an exit interview, and administer a \nsurvey (which shall be in conformance with such guidelines or \nrequirements as the Office shall establish to ensure uniformity across \nagencies), with each intern who completes such program.\n ``(e) Report.--\n ``(1) In general.--The head of each agency operating an \n internship program shall annually submit to the Office a report \n assessing such internship program.\n ``(2) Contents.--Each report required under paragraph (1) \n for an agency shall include, for the 1-year period ending on \n September 1 of the year in which the report is submitted--\n ``(A) the number of interns who participated in an \n internship program at such agency;\n ``(B) information regarding the demographic \n characteristics of interns at such agency, including \n educational background;\n ``(C) a description of the steps taken by such \n agency to increase the percentage of interns who are \n offered permanent Federal jobs and the percentage of \n interns who accept the offers of such jobs, and any \n barriers encountered;\n ``(D) a description of activities engaged in by \n such agency to recruit new interns, including locations \n and methods;\n ``(E) a description of the diversity of work roles \n offered within internship programs at such agency;\n ``(F) a description of the mentorship portion of \n such internship programs; and\n ``(G) a summary of exit interviews conducted and \n surveys administered by such agency with respect to \n interns upon their completion of an internship program \n at such agency.\n ``(3) Submission.--Each report required under paragraph (1) \n shall be submitted to the Office between September 1 and \n September 30 of each year. Not later than December 30 of each \n year, the Office shall submit to Congress a report summarizing \n the information submitted to the Office in accordance with \n paragraph (1) for such year.\n ``(f) Definitions.--For purposes of this section--\n ``(1) the term `internship program' means--\n ``(A) a volunteer service program under section \n 3111(b);\n ``(B) the Student Educational Employment Program \n (hereinafter `SCEP'), as established under section \n 213.3202 of title 5 of the Code of Federal Regulations \n (as in effect on January 1, 2009); and\n ``(C) a program operated by a nongovernment \n organization for the purpose of providing paid \n internships in agencies pursuant to a written agreement \n comparable to an SCEP agreement under section \n 213.3202(b)(12) of title 5 of the Code of Federal \n Regulations (as in effect on January 1, 2009);\n ``(2) the term `intern' means an individual participating \n in an internship program; and\n ``(3) the term `agency' means an Executive agency.''.\n (b) Clerical Amendment.--The table of sections for chapter 31 of \ntitle 5, United States Code, is amended by inserting after the item \nrelating to section 3111 the following:\n\n``3111a. Federal internship programs.''.","summary":"Federal Internship Improvement Act - Directs the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs the Office of Personnel Management (OPM) to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed. Requires OPM to establish a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment. Requires the agency operating an internship program to conduct an exit interview, and administer a survey, with each intern who completes the program.","title":"To improve Federal internships by expanding the conversion rate of Federal interns to full-time employees, establish consistent tracking mechanisms among Executive agencies for internship programs, and accelerate adoption of internship best management practices by Executive agencies.","text_len":5138,"sum_len":873} {"bill_id":"103_hr4630","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rail-Highway Grade Crossing Safety \nAct of 1994''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there are approximately 170,000 public and 110,000 \n private at-grade rail-highway crossings in the United States;\n (2) during 1993, there were nearly 4,900 accidents at these \n crossings;\n (3) it is necessary to improve safety at our Nation's rail-\n highway crossings and along rail rights-of-way;\n (4) there are insufficient public funds to provide for the \n installation of warning systems that are automatically \n activated by approaching trains at all public crossings;\n (5) many of the Nation's public rail-highway crossings are \n unnecessary and should be closed;\n (6) rail-highway crossing consolidation will reduce the \n potential for rail-highway crossing collisions and will allow \n States to concentrate on improving safety at the remaining \n crossings;\n (7) incentives are needed to encourage State and local \n governments to increase the consolidation of rail-highway \n crossings; and\n (8) increased funding must be provided to educate motorists \n in their responsibilities at crossings in order to realize the \n full benefits from the public investment in rail-highway \n crossing warning systems.\n\nSEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PROGRAM.\n\n (a) Increased Federal Share.--Section 120(c) of title 23, United \nStates Code, is amended by inserting ``rail-highway crossing \nclosures,'' after ``vanpooling,''.\n (b) Incentive Funds; Benefits and Costs Analyses.--Section 130 of \ntitle 23, United States Code, is amended by redesignating subsection \n(h) as subsection (j) and inserting after subsection (g) the following:\n ``(h) Incentive Funds for Closing Crossings.--\n ``(1) In general.--Subject to paragraph (2), any State, \n after adopting a policy requiring the review of the need for \n all new public at-grade rail-highway crossings, may, in its \n discretion, use the funds authorized under this section to \n provide an incentive payment to a local jurisdiction upon the \n permanent closing by the jurisdiction of a public at-grade \n crossing.\n ``(2) Conditions.--The incentive payments authorized by \n paragraph (1) of this subsection may be in amounts of not to \n exceed $7,500: Provided, That the funds are matched by an equal \n payment from the railroad owning the tracks on which the \n crossing is located.\n ``(3) Use of funds.--The local jurisdiction receiving funds \n under this subsection shall use the Federal funds portion of \n the incentive payment for transportation safety improvements \n only.\n ``(i) Public Benefits and Costs Analyses.--Not later than 18 months \nafter the date of the enactment of this subsection, the Secretary shall \nestablish guidelines to enable States to determine the public benefits \nand costs resulting from any new rail-highway grade crossings.''.\n\nSEC. 4. OPERATION LIFESAVER.\n\n Section 104(d)(1) of title 23, United States Code, is amended to \nread as follows:\n ``(1) Operation lifesaver.--Before making an apportionment \n of funds under subsection (b)(3) for a fiscal year, the \n Secretary shall set aside $500,000 of the funds authorized to \n be appropriated for the surface transportation program for such \n fiscal year for carrying out a public information and education \n program to help prevent and reduce motor vehicle accidents, \n injuries, and fatalities, to improve driver performance at \n railway-highway crossings, and to help prevent trespassing on \n rail rights-of-way and the resulting injuries and fatalities. \n Expenditure of any funds in excess of $300,000 shall be \n contingent upon receipt of matching funds from nonpublic \n sources.''.\n\nSEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM.\n\n (a) Funding of Program.--Section 104(d) of title 23, United States \nCode, is amended by adding at the end the following:\n ``(4) Grade crossing corridor safety incentive program.--\n Before making an apportionment of funds under subsection (b)(3) \n for a fiscal year, the Secretary shall set aside $15,000,000 of \n the funds authorized to be appropriated for the surface \n transportation program for such fiscal year to carry out a \n program to provide a financial incentive to States that review \n and implement grade crossing safety improvements on a corridor \n basis in accordance with section 130(k).''.\n (b) Establishment of Program.--Section 130 of title 23, United \nStates Code, is amended by adding at the end the following:\n ``(k) Grade Crossing Corridor Safety Incentive Program.--\n ``(1) In general.--The Secretary shall carry out a program \n to provide an additional financial incentive to States that \n review and implement grade crossing safety improvements on a \n corridor basis. Such financial incentive would be in addition \n to those funds available in accordance with the preceding \n subsections.\n ``(2) Project approval.--Funds authorized to be \n appropriated to carry out this subsection shall be available \n for obligation at the discretion of the Secretary. The \n Secretary shall issue investment criteria for approving \n projects under this section.\n ``(3) Applicability of other provisions.--All provisions of \n this chapter, other than provisions relating to apportionment \n formulas and Federal share, shall apply to funds made available \n to carry out this subsection, except as determined by the \n Secretary to be inconsistent with this subsection. Funds \n authorized to be appropriated to carry out this section shall \n remain available until expended.''.","summary":"Rail-Highway Grade Crossing Safety Act of 1994 - Includes rail-highway crossing closures among the safety projects for which an increased Federal share of construction costs apply. Authorizes any State, after adopting a policy requiring the review of the need for all new public at-grade rail-highway crossings, to use certain authorized funds to provide an incentive payment to a local jurisdiction upon the permanent closing by the jurisdiction of a public at-grade crossing, provided that such payments may not exceed $7,500 and that the funds are matched by an equal payment from the railroad owning the tracks on which the crossing is located. Directs the local jurisdiction receiving funds to use the Federal funds portion of the incentive payment for transportation safety improvements only. Directs the Secretary to establish guidelines to enable States to determine the public benefits and costs resulting from any new rail-highway grade crossings. Revises provisions regarding Operation Lifesaver to require the Secretary of Transportation to set aside $500,000 of funds authorized to be appropriated for the surface transportation program (STP) for a given fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, to improve driver performance at railway-highway crossings, and to help prevent trespassing on rail rights-of-way and resulting injuries and fatalities. Directs that expenditure of any funds in excess of $300,000 be contingent upon receipt of matching funds from nonpublic sources. Requires the Secretary to: (1) set aside $15 million of funds authorized to be appropriated for the STP for a given fiscal year to carry out a program to provide a financial incentive to States that review and implement grade crossing safety improvements on a corridor basis, and (2) issue investment criteria for approving projects.","title":"Rail-Highway Grade Crossing Safety Act of 1994","text_len":6150,"sum_len":1933} {"bill_id":"114_hr6332","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Hate Crimes Hotline Act of \n2016''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Nationwide, the number of hate groups in the United \n States increased by 14 percent in 2015 according to the \n Southern Poverty Law Center.\n (2) According to the Federal Bureau of Investigation, of \n the hate crimes in 2015, 59.2 percent of the offenses were \n racially motived, 19.4 percent were motivated by anti-LGBT \n animus, and 19.7 percent targeted religion.\n (3) In 2015, according to the Federal Bureau of \n Investigation, 4,482 individuals were victims of crimes against \n persons, and 57.5 percent of these individuals were victims of \n assault.\n (4) According to the Bureau of Justice Statistics, an \n average of more than 250,000 people a year are victims of hate \n crimes, but most incidents are not reported.\n\nSEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND \n ASSISTANCE WEBSITE.\n\n (a) In General.--The Attorney General may award one or more grants \nto private, nonprofit entities--\n (1) to provide for the establishment and operation of a \n national, toll-free telephone hotline to provide information \n and assistance to victims of hate crimes (hereafter in this \n section referred to as the ``national hate crime hotline''); \n and\n (2) to provide for the establishment and operation of a \n highly secure Internet website to provide that information and \n assistance to such victims (hereafter in this section referred \n to as the ``hate crime information and assistance website'').\n (b) Duration.--A grant under this section may extend over a period \nof not more than 5 years.\n (c) Annual Approval.--The provision of payments under a grant \nawarded under this section shall be subject to annual approval by the \nAttorney General and subject to the availability of appropriations for \neach fiscal year to make the payments.\n (d) Hotline Activities.--An entity that receives a grant under this \nsection for activities described, in whole or in part, in subsection \n(a)(1) shall use funds made available through the grant to establish \nand operate a national hate crime hotline. In establishing and \noperating the hotline, the entity shall--\n (1) contract with a carrier for the use of a toll-free \n telephone line;\n (2) employ, train (including technology training), and \n supervise personnel to answer incoming calls and provide \n counseling and referral services to callers on a 24-hour-a-day \n basis;\n (3) assemble and maintain a current database of information \n relating to services for victims of hate crimes to which \n callers throughout the United States may be referred;\n (4) publicize the national hate crime hotline to potential \n users throughout the United States; and\n (5) be prohibited from asking hotline callers about their \n citizenship status.\n (e) Secure Website Activities.--\n (1) In general.--An entity that receives a grant under this \n section for activities described, in whole or in part, in \n subsection (a)(2) shall use funds made available through the \n grant to provide grants for startup and operational costs \n associated with establishing and operating a hate crime \n information and assistance website.\n (2) Availability.--The hate crime information and \n assistance website shall be available to the entity operating \n the national hate crime hotline.\n (3) Information.--The hate crime information and assistance \n website shall provide accurate information that describes the \n services available to victims of hate crimes, including health \n care and mental health services, social services, \n transportation, and other relevant services.\n (4) Rule of construction.--Nothing in this section shall be \n construed to require any shelter or service provider, whether \n public or private, to be linked to the hate crime information \n and assistance website or to provide information to the \n recipient of the grant described in paragraph (1) or to the \n website.\n (f) Application.--The Attorney General may not award a grant under \nthis section unless the Attorney General approves an application for \nsuch grant. To be approved by the Attorney General under this \nsubsection an application shall--\n (1) contain such agreements, assurances, and information, \n be in such form, and be submitted in such manner, as the \n Attorney General shall prescribe through notice in the Federal \n Register;\n (2) in the case of an application for a grant to carry out \n activities described in subsection (a)(1), include a complete \n description of the applicant's plan for the operation of a \n national hate crime hotline, including descriptions of--\n (A) the training program for hotline personnel, \n including technology training to ensure that all \n persons affiliated with the hotline are able to \n effectively operate any technological systems used by \n the hotline;\n (B) the hiring criteria for hotline personnel;\n (C) the methods for the creation, maintenance, and \n updating of a resource database;\n (D) a plan for publicizing the availability of the \n hotline;\n (E) a plan for providing service to non-English \n speaking callers, including service through hotline \n personnel who speak Spanish; and\n (F) a plan for facilitating access to the hotline \n by persons with hearing impairments;\n (3) in the case of an application for a grant to carry out \n activities described in subsection (a)(2)--\n (A) include a complete description of the \n applicant's plan for the development, operation, \n maintenance, and updating of information and resources \n of the hate crime information and assistance website;\n (B) include a certification that the applicant will \n implement a high level security system to ensure the \n confidentiality of the website, taking into \n consideration the safety of hate crime victims; and\n (C) include an assurance that, after the third year \n of the website project, the recipient of the grant will \n develop a plan to secure other public or private \n funding resources to ensure the continued operation and \n maintenance of the website;\n (4) demonstrate that the applicant has recognized expertise \n in the area of hate crimes and a record of high quality service \n to victims of hate crimes, including a demonstration of support \n from advocacy groups;\n (5) demonstrate that the applicant has a commitment to \n diversity, and to the provision of services to ethnic, racial, \n religious, and non-English speaking minorities, in addition to \n older individuals, individuals with disabilities, and \n individuals of various gender, gender identity, and sexual \n orientation; and\n (6) contain such other information as the Attorney General \n may require.\n (g) Hate Crime Defined.--For purposes of this Act, the term ``hate \ncrime'' means a crime in which the defendant intentionally selects a \nvictim, or in the case of a property crime, the property that is the \nobject of the crime, because of the actual or perceived race, color, \nreligion, national origin, ethnicity, gender, gender identity, \ndisability, sexual orientation, perceived sexual identification, or \nperceived gender identity of any person.\n (h) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section $3,500,000 for each of fiscal years 2017 \n through 2021.\n (2) Website.--Of the amounts appropriated pursuant to \n paragraph (1) for a year, not less than 10 percent shall be \n used for purposes of carrying out subsection (a)(2).\n (3) Availability.--Funds authorized to be appropriated \n under paragraph (1) may remain available until expended.\n\nSEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.\n\n (a) In General.--The Attorney General may award grants to eligible \nState and local law enforcement entities for educational and training \nprograms on solving hate crimes (as defined in section 1(g)) and \nestablishing community dialogues with groups whose members are at-risk \nof being victims of such hate crimes.\n (b) Eligibility.--To be eligible to receive a grant under \nsubsection (a), a State or local law enforcement entity must be in \ncompliance with reporting requirements applicable to such entity \npursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as are necessary for \nfiscal year 2017 and each succeeding fiscal year.\n\nSEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.\n\n (a) In General.--The Attorney General shall establish a grant \nprogram within the Office for Victims of Crime in the Office of Justice \nPrograms, under which the Attorney General may award grants to local \ncommunity-based organizations, nonprofit organizations, and faith-based \norganizations to establish or expand local programs and activities that \nserve targeted areas and that provide legal, health (including physical \nand mental health), and other support services to victims of hate \ncrimes (as defined in section 1(g)). Grant funds may be used for \nactivities including hiring counselors and providing training, \nresources, language support services, and information to such victims.\n (b) Targeted Area Defined.--For purposes of this section, the term \n``targeted area'' means an area with a demonstrated lack of resources, \nas determined by the Attorney General, for victims of hate crimes.\n (c) Funding Restriction.--None of the funds from a grant made under \nthis section may be used--\n (1) by an organization that discriminates against an \n individual on the basis of religion; or\n (2) for purposes of promoting religious beliefs or views.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as are necessary for \nfiscal year 2017 and each succeeding fiscal year.","summary":"National Hate Crimes Hotline Act of 2016 This bill authorizes the Department of Justice (DOJ) to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes. And (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of at-risk communities. Additionally, the bill directs DOJ to establish a grant program for local organizations to establish or expand programs that provide services to victims of hate crimes.","title":"National Hate Crimes Hotline Act of 2016","text_len":11110,"sum_len":611} {"bill_id":"110_hr3503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lifelong Improvements in Food and \nExercise (LIFE) Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Currently, 64.5 percent of adults in the United States, \n age 20 years and older, are overweight and 30.5 percent of them \n are obese.\n (2) Data from two National Health and Nutrition Examination \n Surveys show that among adults aged 20-74 years the prevalence \n of obesity increased from 15.0 percent in the 1976-1980 survey \n to 32.9 percent in the 2003-2004 survey.\n (3) 50 percent of women aged 20 to 74 are overweight or \n obese in the United States according to the National Women's \n Health Information Center.\n (4) In 2003-04, of children and adolescents 2-19 years of \n age more than 12,500,000 (or 17.1 percent) were overweight, and \n of adults more than 66,000,000 (or 32.2 percent) were obese. \n Almost 5 percent of adults were extremely obese.\n (5) The percentage of children who are overweight has more \n than doubled, and among adolescents the rates have more than \n tripled, since 1980 increasing from 5 percent to 17.1 percent.\n (6) More than 50 percent of adults in the United States do \n not get enough physical activity and national data have shown \n an increase in the calorie consumption of adults.\n (7) About two-thirds of young people in grades 9-12 are not \n engaged in recommended levels of physical activity. Daily \n participation in high school physical education classes dropped \n from 42 percent in 1991 to 33 percent in 2005.\n (8) The rising rates of obesity portend greater disease and \n health conditions including hypertension, high total \n cholesterol, Type 2 diabetes, coronary heart disease, stroke, \n gallbladder disease, osteoporosis, sleep apnea, and respiratory \n problems, and some cancers, such as endometrial, breast, and \n colon cancer.\n (9) Many underlying factors have been linked to the \n increase in obesity, such as increasing portion sizes, eating \n out more often, increased consumption of sugar-sweetened \n drinks, increasing television, computer, and electronic gaming \n time, changing labor markets, and fear of crime, which prevents \n outdoor exercise.\n (10) Chronic diseases account for 1.7 million, or 70 \n percent, of all deaths in the United States each year. Although \n chronic diseases are among the most common and costly health \n problems, they are also among the most preventable. Adopting a \n healthy lifestyle such as eating nutritious foods and engaging \n in physical activity, can prevent or control the devastating \n effects of these diseases. Although chronic diseases are among \n the most common and costly health problems, they are also among \n the most preventable.\n (11) According to the Surgeon General's Call to Action to \n Prevent and Decrease Overweight and Obesity, the cost of \n obesity in the United States in 2000 was more than $117 \n billion.\n\nSEC. 3. REDUCTION IN PREVALENCE OF OBESITY; PROGRAM FOR LIFELONG \n IMPROVEMENTS IN FOOD AND EXERCISE.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317S the following \nsection:\n\n ``reduction in prevalence of obesity\n\n ``Sec. 317T. (a) In General.--The Secretary, acting through the \nDirector of the Centers for Disease Control and Prevention, shall carry \nout a national program to conduct and support activities regarding \nindividuals who are overweight or obese in order to make progress \ntoward the goal of significantly reducing the number of cases of \nobesity among individuals in the United States.\n ``(b) Certain Activities.--In carrying out subsection (a), the \nSecretary shall (directly or through grants or contracts) carry out the \nfollowing with respect to individuals who are overweight:\n ``(1) Activities to train health professionals to recognize \n that patients are overweight and to recommend prevention \n activities regarding such condition, including educating \n patients on the relationship between such condition and \n cardiovascular disease, diabetes and other health conditions, \n and on proper nutrition and regular physical activities.\n ``(2) Activities to educate the public with respect to the \n condition of being overweight, including the development of a \n strategy for a public awareness campaign.\n ``(3) The development and demonstration of intervention \n strategies for use at worksites and in community settings such \n as hospitals and community health centers.\n ``(c) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $15,000,000 \nfor fiscal year 2009, and such sums as may be necessary for each of the \nfiscal years 2010 through 2013.''.","summary":"Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing obesity in the United States. Requires such activities to include: (1) training health professionals, (2) educating the public. And (3) developing and demonstrating intervention strategies for use at worksites and in community settings.","title":"To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States.","text_len":5248,"sum_len":653} {"bill_id":"106_s1314","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Computer Crime Enforcement Act''.\n\nSEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF COMPUTER \n CRIMES.\n\n (a) In General.--Subject to the availability of amounts provided in \nadvance in appropriations Acts, the Office of Justice Programs shall \nmake a grant to each State, which shall be used by the State, in \nconjunction with units of local government, State and local courts, \nother States, or combinations thereof, to--\n (1) assist State and local law enforcement in enforcing \n State and local criminal laws relating to computer crime;\n (2) assist State and local law enforcement in educating the \n public to prevent and identify computer crime;\n (3) assist in educating and training State and local law \n enforcement officers and prosecutors to conduct investigations \n and forensic analyses of evidence and prosecutions of computer \n crime;\n (4) assist State and local law enforcement officers and \n prosecutors in acquiring computer and other equipment to \n conduct investigations and forensic analysis of evidence of \n computer crimes; and\n (5) facilitate and promote the sharing of Federal law \n enforcement expertise and information about the investigation, \n analysis, and prosecution of computer crimes with State and \n local law enforcement officers and prosecutors, including the \n use of multijurisdictional task forces.\n (b) Use of Grant Amounts.--Grants under this section may be used to \nestablish and develop programs to--\n (1) assist State and local law enforcement in enforcing \n State and local criminal laws relating to computer crime;\n (2) assist State and local law enforcement in educating the \n public to prevent and identify computer crime;\n (3) educate and train State and local law enforcement \n officers and prosecutors to conduct investigations and forensic \n analyses of evidence and prosecutions of computer crime;\n (4) assist State and local law enforcement officers and \n prosecutors in acquiring computer and other equipment to \n conduct investigations and forensic analysis of evidence of \n computer crimes; and\n (5) facilitate and promote the sharing of Federal law \n enforcement expertise and information about the investigation, \n analysis, and prosecution of computer crimes with State and \n local law enforcement officers and prosecutors, including the \n use of multijurisdictional task forces.\n (c) Assurances.--To be eligible to receive a grant under this \nsection, a State shall provide assurances to the Attorney General that \nthe State--\n (1) has in effect laws that penalize computer crime, such \n as penal laws prohibiting--\n (A) fraudulent schemes executed by means of a \n computer system or network;\n (B) the unlawful damaging, destroying, altering, \n deleting, removing of computer software, or data \n contained in a computer, computer system, computer \n program, or computer network; or\n (C) the unlawful interference with the operation of \n or denial of access to a computer, computer program, \n computer system, or computer network;\n (2) an assessment of the State and local resource needs, \n including criminal justice resources being devoted to the \n investigation and enforcement of computer crime laws; and\n (3) a plan for coordinating the programs funded under this \n section with other federally funded technical assistant and \n training programs, including directly funded local programs \n such as the Local Law Enforcement Block Grant program \n (described under the heading ``Violent Crime Reduction \n Programs, State and Local Law Enforcement Assistance'' of the \n Departments of Commerce, Justice, and State, the Judiciary, and \n Related Agencies Appropriations Act, 1998 (Public Law 105-\n 119)).\n (d) Matching Funds.--The Federal share of a grant received under \nthis section may not exceed 90 percent of the costs of a program or \nproposal funded under this section unless the Attorney General waives, \nwholly or in part, the requirements of this subsection.\n (e) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section $25,000,000 for each of fiscal years \n 2000 through 2003.\n (2) Limitations.--Of the amount made available to carry out \n this section in any fiscal year not more than 3 percent may be \n used by the Attorney General for salaries and administrative \n expenses.\n (3) Minimum amount.--Unless all eligible applications \n submitted by any State or unit of local government within such \n State for a grant under this section have been funded, such \n State, together with grantees within the State (other than \n Indian tribes), shall be allocated in each fiscal year under \n this section not less than 0.75 percent of the total amount \n appropriated in the fiscal year for grants pursuant to this \n section, except that the United States Virgin Islands, American \n Samoa, Guam, and the Northern Mariana Islands each shall be \n allocated 0.25 percent.\n (f) Grants to Indian Tribes.--Notwithstanding any other provision \nof this section, the Attorney General may use amounts made available \nunder this section to make grants to Indian tribes for use in \naccordance with this section.\n ","summary":"Computer Crime Enforcement Act - Directs the Office of Justice Programs to make a grant to each State, subject to the availability of appropriations, which shall be used to: (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating, and in educating the public to prevent and identify, computer crime. (2) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime. (3) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes. And (4) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. Requires a State, to be eligible to receive a grant, to provide assurances to the Attorney General that the State has: (1) in effect laws that penalize computer crime. (2) made an assessment of the State and local resource needs. And (3) a plan for coordinating the programs funded under this Act with other federally funded technical assistant and training programs. Sets the Federal cost share at up to 90 percent, subject to a waiver. Authorizes appropriations. Authorizes the Attorney General to use amounts made available under this Act for grants to Indian tribes.","title":"Computer Crime Enforcement Act","text_len":6454,"sum_len":1582} {"bill_id":"112_s1028","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign-Held Debt Transparency and \nThreat Assessment Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the following:\n (A) The Committee on Armed Services, the Committee \n on Foreign Relations, the Committee on Finance, and the \n Committee on the Budget of the Senate.\n (B) The Committee on Armed Services, the Committee \n on Foreign Affairs, the Committee on Ways and Means, \n and the Committee on the Budget of the House of \n Representatives.\n (2) Debt instruments of the united states.--The term ``debt \n instruments of the United States'' means all bills, notes, and \n bonds issued or guaranteed by the United States or by an entity \n of the United States Government, including any Government-\n sponsored enterprise.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) On March 16, 2006, the United States Senate debated and \n then narrowly passed legislation, H.J. Res. 47, to increase the \n statutory limit on the public debt of the United States. In a \n statement published in the Congressional Record, then-Senator \n Barack Obama opposed the legislation and stated, ``The fact \n that we are here today to debate raising America's debt limit \n is a sign of leadership failure. It is a sign that the U.S. \n Government can't pay its own bills. It is a sign that we now \n depend on ongoing financial assistance from foreign countries \n to finance our Government's reckless fiscal policies.''. Then-\n Senator Obama went on to say that ``Increasing America's debt \n weakens us domestically and internationally. Leadership means \n that `the buck stops here'. Instead, Washington is shifting the \n burden of bad choices today onto the backs of our children and \n grandchildren. America has a debt problem and a failure of \n leadership. Americans deserve better.''.\n (2) On February 25, 2010, United States Secretary of State, \n Hillary Rodham Clinton, urged members of Congress to address \n the Federal budget deficit: ``We have to address this deficit \n and the debt of the United States as a matter of national \n security, not only as a matter of economics. I do not like to \n be in a position where the United States is a debtor nation to \n the extent that we are.''. The Secretary went on to say that \n reliance on foreign creditors has hit the United States \n ``ability to protect our security, to manage difficult problems \n and to show the leadership that we deserve.''.\n (3) On February 16, 2011, Admiral Mike Mullen, Chairman of \n the Joint Chiefs of Staff, testified before the Committee on \n Armed Services of the Senate: ``Indeed, I believe that our debt \n is the greatest threat to our national security. If we as a \n country do not address our fiscal imbalances in the near-term, \n our national power will erode, and the costs to our ability to \n maintain and sustain influence could be great.''.\n (4) The Department of the Treasury borrows from the private \n economy by selling securities, including Treasury bills, notes, \n and bonds, in order to finance the Federal budget deficit. This \n additional borrowing to finance the deficit adds to the Federal \n debt.\n (5) The Federal debt stands at more than \n $14,345,000,000,000.\n (6) According to a report issued by the Department of the \n Treasury on May 16, 2011, entitled ``Major Foreign Holders of \n Treasury Securities'', foreign holdings of United States \n Treasury securities stood at more than $3,175,000,000,000 at \n the end of March 2011. The People's Republic of China was the \n single largest holder with holdings of more than \n $1,144,000,000,000.\n (7) Despite efforts by the Department of the Treasury to \n identify the nationality of the ultimate holders of United \n States securities, including United States Treasury securities, \n data pertaining to foreign holders of these securities may \n still fail to reflect the true nationality of the foreign \n entities involved. For example, another Department of the \n Treasury report, issued on February 28, 2011, entitled \n ``Preliminary Report on Foreign Holdings of U.S. Securities At \n End-June 2010'', assigns $732,000,000,000 worth of United \n States securities to the Cayman Islands, a British overseas \n territory with a population of only 55,000 people. The Cayman \n Islands is not itself a large investor in United States \n securities; rather, it is a major international financial \n center and is routinely used as a place to invest funds from \n elsewhere.\n (8) On February 25, 2010, Simon Johnson, an economics \n professor at the Massachusetts Institute of Technology and a \n former chief economist for the International Monetary Fund, \n testified before the U.S.-China Economic and Security Review \n Commission that United States Treasury data understate Chinese \n holdings of United States Government debt and ``do not reveal \n the ultimate country of ownership when debt instruments are \n held through an intermediary in another jurisdiction.''. He \n stated that ``a great deal'' of the United Kingdom's increase \n in United States Treasury securities last year ``may be due to \n China placing offshore dollars in London-based banks'', which \n are then used to purchase United States Treasury securities.\n (9) On February 25, 2010, Dr. Eswar Prasad, an economist at \n Cornell University, testified before the U.S.-China Economic \n and Security Review Commission that the amount of United States \n debt held by the People's Republic of China is much higher than \n United States Treasury data indicate. In his revised testimony, \n Dr. Prasad went on to explain that China is probably currently \n holding more than $1,300,000,000,000 in United States Treasury \n securities.\n (10) According to a February 3, 2009, report by the \n Heritage Foundation, entitled ``Chinese Foreign Investment: \n Insist on Transparency'', the State Administration of Foreign \n Exchange (SAFE) of the People's Republic of China, the \n government body that purchases foreign securities, is the \n single largest global investor and the largest foreign investor \n in the United States.\n (11) According to a September 2008 Council on Foreign \n Relations report entitled ``Sovereign Wealth and Sovereign \n Power,'' ``. . . political might is often linked to financial \n might, and a debtor's capacity to project military power hinges \n on the support of its creditors . . . The United States' main \n sources of financing are not allies.''. The report goes on to \n argue that, ``the United States' current reliance on other \n governments for financing represents an underappreciated \n strategic vulnerability.''.\n (12) In recent years, Chinese military officials have \n publicized the potential use of United States Treasury \n securities as a means of influencing United States policy and \n deterring specific United States actions. On February 8, 2010, \n retired People's Liberation Army (PLA) Major General Luo Yuan, \n from the PLA Academy of Military Science, stated in an \n interview with state-controlled media that China could attack \n the United States ``by oblique means and stealthy feints'', in \n retaliation for United States arms sales to Taiwan. He went on \n to say, ``Our retaliation should not be restricted to merely \n military matters, and we should adopt a strategic package of \n counterpunches covering politics, military affairs, diplomacy \n and economics to treat both the symptoms and root cause of this \n disease. For example, we could sanction them using economic \n means, such as dumping some U.S. government bonds.''.\n (13) The PLA has also referenced the concept of nonmilitary \n aspects of deterrence in written statements. A PLA textbook, \n ``The Science of Military Strategy'', observes that there are \n various forms of deterrence, including economic and \n technological, all of which need to be developed and \n consciously strengthened in order to maximize effect. These \n forms will only work ``with the determination and volition of \n employment of the force, and by dangling the word of deterrence \n over the rival's head in case of necessity.''.\n (14) According to a May 16, 2011, report by ABC News, a \n congressional delegation of 10 United States Senators visited \n China in April 2011, and met with Chinese government officials. \n The news report indicates that, during one meeting, the \n Senators were reprimanded by a Chinese official regarding the \n mounting United States Federal debt.\n (15) A February 7, 2010, report by Defense News suggests \n that China's extensive holdings of United States Government \n securities have already directly influenced United States \n national security policy. According to an unnamed Pentagon \n official, Obama Administration officials softened a draft of a \n key national security document in order to avoid ``harsh \n words'' that ``might upset Chinese officials at a time when the \n United States and China are economically intertwined.''. The \n news report indicates that these officials ``deleted several \n passages and softened others about China's military buildup''. \n This critical document, the 2010 Quadrennial Defense Review, \n provides an assessment of long-term threats and challenges for \n the Nation and is intended to guide military programs, plans, \n and budgets in the coming decades.\n (16) The United States Government pays China a substantial \n amount of interest on China's $1,144,000,000,000 in holdings of \n United States Government debt, and this enhances China's \n ability to fund its own military programs.\n (17) According to a March 4, 2011, report by Xinhua, the \n official press agency of the government of the People's \n Republic of China, China plans to increase its 2011 military \n budget by 12.7 percent to 601,000,000,000 yuan (the equivalent \n of $91,500,000,000). This increase is in addition to China's \n 2010 increase in its military budget of 7.5 percent.\n (18) According to the Department of Defense's (DoD) 2010 \n report entitled ``Military and Security Developments Involving \n the People's Republic of China,'' the DoD estimates China's \n actual total military-related spending for 2009 to be over \n $150,000,000,000.\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the growing Federal debt of the United States has the \n potential to jeopardize the national security and economic \n stability of the United States;\n (2) the increasing dependence of the United States on \n foreign creditors has the potential to make the United States \n vulnerable to undue influence by certain foreign creditors in \n national security and economic policymaking;\n (3) the People's Republic of China is the largest foreign \n creditor of the United States, in terms of its overall holdings \n of debt instruments of the United States;\n (4) the current level of transparency in the scope and \n extent of foreign holdings of debt instruments of the United \n States is inadequate and needs to be improved, particularly \n regarding the holdings of the People's Republic of China;\n (5) through the People's Republic of China's large holdings \n of debt instruments of the United States, China has become a \n super creditor of the United States;\n (6) under certain circumstances, the holdings of the \n People's Republic of China could give China a tool with which \n China can try to manipulate the domestic and foreign \n policymaking of the United States, including the United States \n relationship with Taiwan;\n (7) under certain circumstances, if the People's Republic \n of China were to be displeased with a given United States \n policy or action, China could attempt to destabilize the United \n States economy by rapidly divesting large portions of China's \n holdings of debt instruments of the United States; and\n (8) the People's Republic of China's expansive holdings of \n such debt instruments of the United States could potentially \n pose a direct threat to the United States economy and to United \n States national security. This potential threat is a \n significant issue that warrants further analysis and \n evaluation.\n\nSEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT \n INSTRUMENTS OF THE UNITED STATES.\n\n (a) Quarterly Report.--Not later than March 31, June 30, September \n30, and December 31 of each year, the President shall submit to the \nappropriate congressional committees a report on the risks posed by \nforeign holdings of debt instruments of the United States, in both \nclassified and unclassified form.\n (b) Matters To Be Included.--Each report submitted under this \nsection shall include the following:\n (1) The most recent data available on foreign holdings of \n debt instruments of the United States, which data shall not be \n older than the date that is 7 months preceding the date of the \n report.\n (2) The country of domicile of all foreign creditors who \n hold debt instruments of the United States.\n (3) The total amount of debt instruments of the United \n States that are held by the foreign creditors, broken out by \n the creditors' country of domicile and by public, quasi-public, \n and private creditors.\n (4) For each foreign country listed in paragraph (2)--\n (A) an analysis of the country's purpose in holding \n debt instruments of the United States and long-term \n intentions with regard to such debt instruments;\n (B) an analysis of the current and foreseeable \n risks to the long-term national security and economic \n stability of the United States posed by each country's \n holdings of debt instruments of the United States; and\n (C) a specific determination of whether the level \n of risk identified under subparagraph (B) is acceptable \n or unacceptable.\n (c) Public Availability.--The President shall make each report \nrequired by subsection (a) available, in its unclassified form, to the \npublic by posting it on the Internet in a conspicuous manner and \nlocation.\n\nSEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED \n STATES.\n\n (a) In General.--Not later than December 31 of each year, the \nComptroller General of the United States shall submit to the \nappropriate congressional committees a report on the risks to the \nUnited States posed by the Federal debt of the United States.\n (b) Content of Report.--Each report submitted under this section \nshall include the following:\n (1) An analysis of the current and foreseeable risks to the \n long-term national security and economic stability of the \n United States posed by the Federal debt of the United States.\n (2) A specific determination of whether the levels of risk \n identified under paragraph (1) are sustainable.\n (3) If the determination under paragraph (2) is that the \n levels of risk are unsustainable, specific recommendations for \n reducing the levels of risk to sustainable levels, in a manner \n that results in a reduction in Federal spending.\n\nSEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE \n RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC \n STABILITY.\n\n In any case in which the President determines under section \n5(b)(4)(C) that a foreign country's holdings of debt instruments of the \nUnited States pose an unacceptable risk to the long-term national \nsecurity or economic stability of the United States, the President \nshall, within 30 days of the determination--\n (1) formulate a plan of action to reduce the risk level to \n an acceptable and sustainable level, in a manner that results \n in a reduction in Federal spending;\n (2) submit to the appropriate congressional committees a \n report on the plan of action that includes a timeline for the \n implementation of the plan and recommendations for any \n legislative action that would be required to fully implement \n the plan; and\n (3) move expeditiously to implement the plan in order to \n protect the long-term national security and economic stability \n of the United States.","summary":"Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing US dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate US policymaking and pose a direct threat to the national economy and national security. Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of US debt instruments, and make such report public on the Internet. Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of US debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States.","title":"A bill to increase transparency regarding debt instruments of the United States held by foreign governments, to assess the risks to the United States of such holdings, and for other purposes.","text_len":18016,"sum_len":1053} {"bill_id":"114_s1379","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``African Free Trade Initiative Act''.\n\nSEC. 2. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES.\n\n (a) Plan Requirements and Reporting.--Section 116 of the African \nGrowth and Opportunity Act (19 U.S.C. 3723) is amended by striking \nsubsections (b) and (c) and inserting the following:\n ``(b) Plan Requirement.--\n ``(1) In general.--The President shall develop a plan for \n the purpose of negotiating and entering into one or more free \n trade agreements with all sub-Saharan African countries. The \n plan shall identify the 15 countries or groups of countries \n that are most ready for a free trade agreement with the United \n States.\n ``(2) Elements of plan.--The plan required by paragraph (1) \n shall include, for each sub-Saharan African country, the \n following:\n ``(A) The steps such sub-Saharan African country \n needs to be equipped and ready to enter into a free \n trade agreement with the United States, including the \n development of a bilateral investment treaty.\n ``(B) Milestones for accomplishing each step \n identified in subparagraph (A) for each sub-Saharan \n African country, with the goal of establishing a free \n trade agreement with each sub-Saharan African country \n not later than 10 years after the date of the enactment \n of the African Free Trade Initiative Act.\n ``(C) A description of the resources required to \n assist each sub-Saharan African country in \n accomplishing each milestone described in subparagraph \n (B).\n ``(D) The extent to which steps described in \n subparagraph (A), the milestones described in \n subparagraph (B), and resources described in \n subparagraph (C) may be accomplished through regional \n or subregional organizations in sub-Saharan Africa, \n including the East African Community, the Economic \n Community of West African States, the Common Market for \n Eastern and Southern Africa, and the Economic Community \n of Central African States.\n ``(E) Procedures to ensure the following:\n ``(i) Adequate consultation with Congress \n and the private sector during the negotiations.\n ``(ii) Consultation with Congress regarding \n all matters relating to implementation of the \n agreement or agreements.\n ``(iii) Approval by Congress of the \n agreement or agreements.\n ``(iv) Adequate consultations with the \n relevant African governments and African \n regional and subregional intergovernmental \n organizations during the negotiation of the \n agreement or agreements.\n ``(c) Reporting Requirement.--Not later than 12 months after the \ndate of the enactment of the African Free Trade Initiative Act, the \nPresident shall prepare and transmit to Congress a report containing \nthe plan developed pursuant to subsection (b).''.\n (b) Millennium Challenge Compacts.--After the date of the enactment \nof this Act, the United States Trade Representative and Administrator \nof the United States Agency for International Development shall consult \nand coordinate with the Chief Executive Officer of the Millennium \nChallenge Corporation regarding countries that have entered into a \nMillennium Challenge Compact pursuant to section 609 of the Millennium \nChallenge Act of 2003 (22 U.S.C. 7708) that have been declared eligible \nto enter into such a Compact for the purpose of developing and carrying \nout the plan required by subsection (b) of section 116 of the African \nGrowth and Opportunity Act (19 U.S.C. 3723), as amended by subsection \n(a).\n\nSEC. 3. COORDINATION OF USAID WITH FREE TRADE AGREEMENT POLICY.\n\n (a) Authorization of Funds.--Funds made available after the date of \nenactment of this Act to the United States Agency for International \nDevelopment under section 496 of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2293) may be used in consultation with the United States Trade \nRepresentative--\n (1) to carry out subsection (b) of section 116 of the \n African Growth and Opportunity Act (19 U.S.C. 3723), as amended \n by section 2(a), including for the deployment of resources in \n individual eligible countries to assist such country in the \n development of institutional capacities to carry out such \n subsection (b); and\n (2) to coordinate the efforts of the United States to \n establish free trade agreements in accordance with the policy \n set out in subsection (a) of such section 116.\n (b) Definitions.--In this section:\n (1) Eligible country.--The term ``eligible country'' means \n a sub-Saharan African country that receives--\n (A) benefits under the African Growth and \n Opportunity Act (19 U.S.C. 3701 et seq.); and\n (B) funding from the United States Agency for \n International Development.\n (2) Sub-saharan african country.--The term ``sub-Saharan \n African country'' has the meaning given that term in section \n 107 of the African Growth and Opportunity Act (19 U.S.C. 3706).","summary":"African Free Trade Initiative Act This bill amends the African Growth and Opportunity Act to revise certain plan and reporting requirements relating to the President's negotiating and entering into free trade agreements with interested beneficiary sub-Saharan African countries. The President shall develop a plan for negotiating and entering into one or more free trade agreements with 15 of the sub-Saharan African countries that are most ready for a free trade agreement with the United States. The United States Trade Representative and the US Agency for International Development (USAID) shall coordinate with the Millennium Challenge Corporation regarding countries with shared development objectives that have entered into a Millennium Challenge Compact in order to develop and carry out such plans. USAID long-term development assistance funds for sub-Saharan Africa may be used to: carry out plans, including deployment of resources in individual eligible sub-Saharan African countries to assist them in the development of institutional capacities to carry out those plans. And coordinate US efforts to establish free trade agreements in order to increase trade between the United States and sub-Saharan African countries, as well as investment in those countries.","title":"African Free Trade Initiative Act","text_len":5760,"sum_len":1273} {"bill_id":"105_hr4115","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Life Insurance Opportunity \nAct of 1998''.\n\nSEC. 2. SPECIAL PERIOD FOR CERTAIN VETERANS TO CONVERT LIFE INSURANCE \n POLICIES FROM SGLI TO VGLI.\n\n (a) In General.--Section 1977(g) of title 38, United States Code, \nto read as follows:\n ``(g)(1)(A) Any person whose Servicemembers' Group Life Insurance \nwas continued in force after termination of duty or discharge from \nservice under the law as in effect prior to the date on which the \nVeterans' Group Life Insurance program (provided for under section 1977 \nof this title) became effective, and whose coverage under \nServicemembers' Group Life Insurance terminated less than four years \nprior to such date, shall be eligible within one year from the \neffective date of the Veterans' Group Life Insurance program to apply \nfor and be granted Veterans' Group Life Insurance in an amount equal to \nthe amount of the insured's Servicemembers' Group Life Insurance which \nwas not converted to an individual policy under prior law.\n ``(B) Veterans' Group Life Insurance issued under subparagraph (A) \nshall be issued for a term period equal to five years, less the time \nelapsing between the termination of the applicant's Servicemembers' \nGroup Life Insurance and the effective date on which the Veterans' \nGroup Life Insurance program became effective.\n ``(2)(A) Any person, on or after the date of the enactment of this \nparagraph, who did not convert coverage under Servicemembers' Group \nLife Insurance to coverage under this section within the period after \nseparation provided for under section 1968(a) of this title may, \nsubject to the succeeding provisions of this subsection, apply for \n(within the 20-month period beginning on the last day of such period of \nseparation) and be granted coverage under this section in an amount \nequal to the amount of the insured's Servicemembers' Group Life \nInsurance which was not converted to coverage under this section.\n ``(B) any person, on or after the date of the enactment of this \nparagraph, who did not convert coverage under Servicemembers' Group \nLife Insurance to coverage under this section and whose coverage under \nServicemembers' Group Life Insurance terminated during the 5-year \nperiod beginning on the date of the expiration of the period of duty or \ntravel under section 1967(b) or 1968(a) of this title may, subject to \nthe succeeding provisions of this subsection, apply for (within the 90-\nday period beginning on the later of such date of enactment or the end \nof such 5-year period to) and be granted coverage under this section in \nan amount equal to the amount of the insured's Servicemembers' Group \nLife Insurance which was not converted to an individual policy under \nprior law.\n ``(C) Veterans' Group Life Insurance issued under this paragraph \nshall be issued for a term period equal to five years.\n ``(3) Veterans' Group Life Insurance under this subsection shall \nonly be issued upon application to the administrative office \nestablished under section 1966(b) of this title, payment of the \nrequired premium, and proof of good health satisfactory to that office, \nwhich proof shall be submitted at the applicant's own expense.\n ``(4)(A) Any person who cannot meet the good health requirements \nfor insurance under this subsection solely because of a service-\nconnected disability shall have such disability waived.\n ``(B) For each month for which any eligible veteran, whose service-\nconnected disabilities are waived, is insured under this subsection \nthere shall be contributed to the insurer or insurers issuing the \npolicy or policies from the appropriation `Compensation and Pensions, \nDepartment of Veterans Affairs' an amount necessary to cover the cost \nof the insurance in excess of the premiums established for eligible \nveterans, including the cost of the excess mortality attributable to \nsuch veteran's service-connected disabilities.\n ``(5) The Secretary may establish, as the Secretary may determine \nto be necessary according to sound actuarial principles, a separate \npremium, age groupings for premium purposes, accounting, and reserves, \nfor persons granted insurance under this subsection different from \nthose established for other persons granted insurance under this \nsection.\n ``(6) Appropriations to carry out the purpose of this section are \nhereby authorized.''.\n (b) Notice.--Not later than 120 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall provide \nfor notice to any member of the uniformed services who purchased a \nServicemembers' Group Life Insurance policy under subchapter III of \nchapter 19 of such title, and who did not convert such policy to a \nVeterans' Group Life Insurance policy under section 1977(g) of such \ntitle, of the opportunities under paragraph (2) of such section, as \nadded by subsection (a), to become insured under a Veterans' Group Life \nInsurance policy during the periods described in such subsection.\n (c) Effective Dates.--(1) Subparagraph (A) of section 1977(g)(2) of \nsuch title, as added by subsection (a), shall apply with respect to a \ntermination of Servicemembers' Group Life Insurance policies under \nsubchapter III of title 38, United States Code, occurring on or after \nthe date of the enactment of this Act.\n (2) Subparagraph (B) of such section, as added by subsection (a), \nshall apply with respect to such a termination occurring on or after \nthe date that is four years before the date of the date of the \nenactment of this Act.","summary":"Veterans Life Insurance Opportunity Act of 1998 - Amends Veterans' Group Life Insurance (VGLI) provisions to allow any person whose Servicemembers' Group Life Insurance (SGLI) was continued after termination of duty or discharge from military service before the date on which VGLI became effective, and whose coverage under SGLI terminated less than four years prior to such effective date, to apply for VGLI coverage within one year from the effective date of VGLI, in an amount equal to the insured's SGLI amount which was not converted to an individual policy under prior law. Provides a coverage period of five years, less the time elapsed between SGLI termination and the effective date of VGLI. Allows such insurance conversion for certain other individuals who did not convert SGLI coverage. Requires a person who cannot meet the good health requirements for VGLI coverage solely because of a service-connected disability to have such disability waived. Authorizes appropriations. Directs the Secretary of Veterans Affairs to provide due notice to eligible individuals of the opportunity for such conversion.","title":"Veterans Life Insurance Opportunity Act of 1998","text_len":5599,"sum_len":1115} {"bill_id":"108_s2130","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Prescription Drug Cost \nContainment Act of 2004''.\n\nSEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION \n ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT.\n\n (a) Determinations of Excess General Revenue Medicare Prescription \nDrug Funding.--\n (1) In general.--On the same date on which the President \n submits a budget to Congress, the Secretary of Health and Human \n Services (in this Act referred to as the ``Secretary''), shall \n submit to Congress a determination as to whether there is \n projected to be excess general revenue medicare prescription \n drug funding (as defined in subsection (b)) for the fiscal year \n for which the budget is submitted.\n (2) Medicare part d funding warning.--For purposes of \n section 1105(i) of title 31, United States Code, and this Act, \n an affirmative determination under paragraph (1) by the \n Secretary shall be treated as a medicare part D funding warning \n in the fiscal year beginning on October 1 of the year in which \n the determination is submitted to Congress.\n (b) Definitions.--For purposes of this section:\n (1) Excess general revenue medicare prescription drug \n funding.--The term ``excess general revenue medicare \n prescription drug funding'' means, with respect to a fiscal \n year during the period beginning on the date of enactment of \n this Act and ending on September 30, 2013, that--\n (A) the amounts deposited in the Medicare \n Prescription Drug Account under section 1860D-16(c)(2) \n (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of \n the Medicare Prescription Drug, Improvement, and \n Modernization Act of 2003 (Public Law 108-173); exceed\n (B) the part D target amount (as defined in \n paragraph (2)).\n (2) Part d target amount.--The term ``part D target \n amount'' means for a year--\n (A) for fiscal year 2005, $800,000,000;\n (B) for fiscal year 2006, $25,700,000,000;\n (C) for fiscal year 2007, $39,000,000,000;\n (D) for fiscal year 2008, $44,600,000,000;\n (E) for fiscal year 2009, $48,700,000,000;\n (F) for fiscal year 2010, $53,700,000,000;\n (G) for fiscal year 2011, $58,600,000,000;\n (H) for fiscal year 2012, $65,300,000,000; and\n (I) for fiscal year 2013, $73,100,000,000.\n (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social \nSecurity Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of \nthe Medicare Prescription Drug, Improvement, and Modernization Act of \n2003 (Public Law 108-173), is amended by striking ``under paragraph (1) \nor subsection (a)(2)'' and inserting ``under paragraph (1), (2), or \n(4), gifts and bequests as may be made as provided in section \n201(i)(1), or accrued interest on balances in the Account''.\n\nSEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION.\n\n (a) In General.--Section 1105 of title 31, United States Code, as \namended by section 802(a) of the Medicare Prescription Drug, \nImprovement, and Modernization Act of 2003 (Public Law 108-173), is \namended by adding at the end the following new subsection:\n ``(i)(1) If there is a medicare part D funding warning under \nsection 2(a)(2) of the Medicare Prescription Drug Cost Containment Act \nof 2004 made in a year, the President shall submit to Congress, within \nthe 15-day period beginning on the date of the budget submission to \nCongress under subsection (a) for the succeeding year, proposed \nlegislation to respond to such warning.\n ``(2) Paragraph (1) does not apply if, during the year in which the \nwarning is made, legislation is enacted which eliminates excess general \nrevenue medicare funding (as defined in section 2(b) of the Medicare \nPrescription Drug Cost Containment Act of 2004) for the period \nbeginning with the fiscal year for which the determination is made and \nending on September 30, 2013, as certified by the Board of Trustees of \nthe Federal Supplementary Medicare Insurance Trust Fund not later than \n30 days after the date of the enactment of such legislation.''.\n (b) Sense of Congress.--It is the sense of Congress that \nlegislation submitted pursuant to section 1105(i) of title 31, United \nStates Code, in a year should be designed to eliminate excess general \nrevenue medicare funding (as defined in section 2(b)) for the period \nthat begins with the fiscal year for which the determination is made \nand ends on September 30, 2013.\n\nSEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES.\n\n (a) Introduction and Referral of President's Legislative \nProposal.--\n (1) Introduction.--In the case of a legislative proposal \n submitted by the President pursuant to section 1105(i) of title \n 31, United States Code, as added by section 3(a), within the \n 15-day period specified in paragraph (1) of such section, the \n majority leader of the House of Representatives (or his \n designee) and the minority leader of the House of \n Representatives (or his designee) shall introduce such proposal \n (by request), the title of which is as follows: ``A bill to \n respond to a medicare part D funding warning.'' Such bill shall \n be introduced within 3 legislative days after Congress receives \n such proposal.\n (2) Referral.--Any legislation introduced pursuant to \n paragraph (1) shall be referred to the appropriate committees \n of the House of Representatives.\n (b) Direction to the Appropriate House Committees.--\n (1) In general.--In the House, in any year during which the \n President is required to submit proposed legislation to \n Congress under section 1105(i) of title 31, United States Code, \n the appropriate committees shall report medicare funding \n legislation by not later than June 30 of such year.\n (2) Medicare funding legislation.--For purposes of this \n section, the term ``medicare funding legislation'' means--\n (A) legislation introduced pursuant to subsection \n (a)(1), but only if the legislative proposal upon which \n the legislation is based was submitted within the 15-\n day period referred to in such subsection; or\n (B) any bill the title of which is as follows: ``A \n bill to respond to a medicare part D funding \n warning.''.\n (3) Certification.--With respect to any medicare funding \n legislation or any amendment to such legislation to respond to \n a medicare part D funding warning, the chairman of the \n Committee on the Budget of the House shall certify--\n (A) whether or not such legislation eliminates \n excess general revenue medicare funding (as defined in \n section 2(c)) for each fiscal year during the period \n beginning with the fiscal year for which the \n determination is made and ending on September 30, 2013; \n and\n (B) with respect to such an amendment, whether the \n legislation, as amended, would eliminate excess general \n revenue medicare funding (as defined in section 2(c)) \n for each fiscal year in such period.\n (c) Fallback Procedure for Floor Consideration If the House Fails \nTo Vote on Final Passage by July 30.--\n (1) After July 30 of any year during which the President is \n required to submit proposed legislation to Congress under \n section 1105(i) of title 31, United States Code, unless the \n House of Representatives has voted on final passage of any \n medicare funding legislation for which there is an affirmative \n certification under subsection (b)(3)(A), then, after the \n expiration of not less than 30 calendar days (and concurrently \n 5 legislative days), it is in order to move to discharge any \n committee to which medicare funding legislation which has such \n a certification and which has been referred to such committee \n for 30 calendar days from further consideration of the \n legislation.\n (2) A motion to discharge may be made only by an individual \n favoring the legislation, may be made only if supported by \\1\/\n 5\\ of the total membership of the House of Representatives (a \n quorum being present), and is highly privileged in the House of \n Representatives. Debate thereon shall be limited to not more \n than 1 hour, the time to be divided in the House of \n Representatives equally between those favoring and those \n opposing the motion. An amendment to the motion is not in \n order, and it is not in order to move to reconsider the vote by \n which the motion is agreed to or disagreed to.\n (3) Only 1 motion to discharge a particular committee may \n be adopted under this subsection in any session of Congress.\n (4) Notwithstanding paragraph (1), it shall not be in order \n to move to discharge a committee from further consideration of \n medicare funding legislation pursuant to this subsection during \n a session of Congress if, during the previous session of the \n Congress, the House of Representatives passed medicare funding \n legislation for which there is an affirmative certification \n under subsection (b)(3)(A).\n (d) Floor Consideration in the House of Discharged Legislation.--\n (1) In the House, not later than 3 legislative days after \n any committee has been discharged from further consideration of \n legislation under subsection (c), the Speaker shall resolve the \n House into the Committee of the Whole for consideration of the \n legislation.\n (2) The first reading of the legislation shall be dispensed \n with. All points of order against consideration of the \n legislation are waived. General debate shall be confined to the \n legislation and shall not exceed 5 hours, which shall be \n divided equally between those favoring and those opposing the \n legislation. After general debate the legislation shall be \n considered for amendment under the 5-minute rule. During \n consideration of the legislation, no amendments shall be in \n order in the House of Representatives or in the Committee of \n the Whole except those for which there has been an affirmative \n certification under subsection (b)(3)(B). All points of order \n against consideration of any such amendment in the Committee of \n the Whole are waived. The legislation, together with any \n amendments which shall be in order, shall be considered as \n read. During the consideration of the bill for amendment, the \n Chairman of the Committee of the Whole may accord priority in \n recognition on the basis of whether the Member offering an \n amendment has caused it to be printed in the portion of the \n Congressional Record designated for that purpose in clause 8 of \n Rule XVIII of the Rules of the House of Representatives. Debate \n on any amendment shall not exceed 1 hour, which shall be \n divided equally between those favoring and those opposing the \n amendment, and no pro forma amendments shall be offered during \n the debate. The total time for debate on all amendments shall \n not exceed 10 hours. At the conclusion of consideration of the \n legislation for amendment, the Committee shall rise and report \n the legislation to the House of Representatives with such \n amendments as may have been adopted. The previous question \n shall be considered as ordered on the legislation and \n amendments thereto to final passage without intervening motion \n except one motion to recommit with or without instructions. If \n the Committee of the Whole rises and reports that it has come \nto no resolution on the bill, then on the next legislative day the \nHouse of Representatives shall, immediately after the third daily order \nof business under clause 1 of Rule XIV of the Rules of the House of \nRepresentatives, resolve into the Committee of the Whole for further \nconsideration of the bill.\n (3) All appeals from the decisions of the Chair relating to \n the application of the Rules of the House of Representatives to \n the procedure relating to any such legislation shall be decided \n without debate.\n (4) Except to the extent specifically provided in the \n preceding provisions of this subsection, consideration of any \n such legislation and amendments thereto (or any conference \n report thereon) shall be governed by the Rules of the House of \n Representatives applicable to other bills and resolutions, \n amendments, and conference reports in similar circumstances.\n (e) Legislative Day Defined.--As used in this section, the term \n``legislative day'' means a day on which the House of Representatives \nis in session.\n (f) Restriction on Waiver.--In the House of Representatives, the \nprovisions of this section may be waived only by a rule or order \nproposing only to waive such provisions.\n (g) Rulemaking Power.--The provisions of this section are enacted \nby the Congress--\n (1) as an exercise of the rulemaking power of the House of \n Representatives and, as such, shall be considered as part of \n the rules of that House of Representatives and shall supersede \n other rules only to the extent that they are inconsistent \n therewith; and\n (2) with full recognition of the constitutional right of \n that House to change the rules (so far as they relate to the \n procedures of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 5. PROCEDURES IN THE SENATE.\n\n (a) Introduction and Referral of President's Legislative \nProposal.--\n (1) Introduction.--In the case of a legislative proposal \n submitted by the President pursuant to section 1105(i) of title \n 31, United States Code, within the 15-day period specified in \n paragraph (1) of such section, the majority leader and minority \n leader of the Senate (or their designees) shall introduce such \n proposal (by request), the title of which is as follows: ``A \n bill to respond to a medicare part D funding warning.'' Such \n bill shall be introduced within 3 days of session after \n Congress receives such proposal.\n (2) Referral.--Any legislation introduced pursuant to \n paragraph (1) shall be referred to the Committee on Finance.\n (b) Medicare Funding Legislation.--For purposes of this section, \nthe term ``medicare funding legislation'' means--\n (1) legislation introduced pursuant to subsection (a)(1), \n but only if the legislative proposal upon which the legislation \n is based was submitted within the 15-day period referred to in \n such subsection; or\n (2) any bill the title of which is as follows: ``A bill to \n respond to a medicare part D funding warning.''.\n (c) Qualification for Special Procedures.--\n (1) In general.--The special procedures set forth in \n subsections (d) and (e) shall apply to medicare funding \n legislation, as described in subsection (b), only if the \n legislation--\n (A) is medicare funding legislation that is passed \n by the House of Representatives; or\n (B) contains matter within the jurisdiction of the \n Committee on Finance in the Senate.\n (2) Failure to qualify for special procedures.--If the \n medicare funding legislation does not satisfy paragraph (1), \n then the legislation shall be considered under the ordinary \n procedures of the Standing Rules of the Senate.\n (d) Discharge.--\n (1) In general.--If the Committee on Finance of the Senate \n has not reported medicare funding legislation described in \n subsection (c)(1) by June 30 of a year in which the President \n is required to submit medicare funding legislation to Congress \n under section 1105(i) of title 31, United States Code, then any \n Senator may move to discharge the Committee of any single \n medicare funding legislation measure. Only 1 such motion shall \n be in order in any session of Congress.\n (2) Debate limits.--Debate in the Senate on any such motion \n to discharge, and all appeals in connection therewith, shall be \n limited to not more than 2 hours. The time shall be equally \n divided between, and controlled by, the maker of the motion and \n the majority leader, or their designees, except that in the \n event the majority leader is in favor of such motion, the time \n in opposition thereto shall be controlled by the minority \n leader or the minority leader's designee. A point of order \n under this subsection may be made at any time. It is not in \n order to move to proceed to another measure or matter while \n such motion (or the motion to reconsider such motion) is \n pending.\n (3) Amendments.--No amendment to the motion to discharge \n shall be in order.\n (4) Exception if certified legislation enacted.--\n Notwithstanding paragraph (1), it shall not be in order to \n discharge the Committee from further consideration of medicare \n funding legislation pursuant to this subsection during a \n session of a Congress if the chairman of the Committee on the \n Budget of the Senate certifies that medicare funding \n legislation has been enacted that eliminates excess general \n revenue medicare funding (as defined in section 2(c)) for each \n fiscal year in the period beginning with the fiscal year for \n which the determination is made and ending on September 30, \n 2013.\n (e) Consideration.--After the date on which the Committee on \nFinance of the Senate has reported medicare funding legislation \ndescribed in subsection (c)(1), or has been discharged (under \nsubsection (d)) from further consideration of, such legislation, it is \nin order (even though a previous motion to the same effect has been \ndisagreed to) for any Member of the Senate to move to proceed to the \nconsideration of such legislation.\n (f) Rules of the Senate.--This section is enacted by the Senate--\n (1) as an exercise of the rulemaking power of the Senate \n and as such it is deemed a part of the rules of the Senate, but \n applicable only with respect to the procedure to be followed in \n the Senate in the case of a bill described in this paragraph, \n and it supersedes other rules only to the extent that it is \n inconsistent with such rules; and\n (2) with full recognition of the constitutional right of \n the Senate to change the rules (so far as relating to the \n procedure of the Senate) at any time, in the same manner, and \n to the same extent as in the case of any other rule of the \n Senate.","summary":"Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is made. Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund. Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013. Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.","title":"A bill to contain the costs of the medicare prescription drug program under part D of title XVIII of the Social Security Act, and for other purposes.","text_len":19945,"sum_len":1608} {"bill_id":"105_s837","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Law Enforcement Protection Act of \n1997''.\n\nSEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT \n OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF \n CONCEALED FIREARMS.\n\n (a) In General.--Chapter 44 of title 18, United States Code, is \namended by inserting after section 926A the following:\n``Sec. 926B. Carrying of concealed firearms by qualified current and \n former law enforcement officers\n ``(a) In General.--Notwithstanding any provision of the law of any \nState or any political subdivision of a State, an individual may carry \na concealed firearm if that individual is--\n ``(1) a qualified law enforcement officer or a qualified \n former law enforcement officer; and\n ``(2) carrying appropriate written identification.\n ``(b) Effect on Other Laws.--\n ``(1) Common carriers.--Nothing in this section shall be \n construed to exempt from section 46505(B)(1) of title 49--\n ``(A) a qualified law enforcement officer who does \n not meet the requirements of section 46505(D) of title \n 49; or\n ``(B) a qualified former law enforcement officer.\n ``(2) Federal laws.--Nothing in this section shall be \n construed to supersede or limit any Federal law or regulation \n prohibiting or restricting the possession of a firearm on any \n Federal property, installation, building, base, or park.\n ``(3) State laws.--Nothing in this section shall be \n construed to supersede or limit the laws of any State that--\n ``(A) grant rights to carry a concealed firearm \n that are broader than the rights granted under this \n section;\n ``(B) permit private persons or entities to \n prohibit or restrict the possession of concealed \n firearms on their property; or\n ``(C) prohibit or restrict the possession of \n firearms on any State or local government property, \n installation, building, base, or park.\n ``(4) Definitions.--In this section:\n ``(A) Appropriate written identification.--The term \n `appropriate written identification' means, with \n respect to an individual, a document that--\n ``(i) was issued to the individual by the \n public agency with which the individual serves \n or served as a qualified law enforcement \n officer; and\n ``(ii) identifies the holder of the \n document as a current or former officer, agent, \n or employee of the agency.\n ``(B) Qualified law enforcement officer.--The term \n `qualified law enforcement officer' means an individual \n who--\n ``(i) is presently authorized by law to \n engage in or supervise the prevention, \n detection, or investigation of any violation of \n criminal law;\n ``(ii) is authorized by the agency to carry \n a firearm in the course of duty;\n ``(iii) meets any requirements established \n by the agency with respect to firearms; and\n ``(iv) is not the subject of a disciplinary \n action by the agency that prevents the carrying \n of a firearm.\n ``(C) Qualified former law enforcement officer.--\n The term `qualified former law enforcement officer' \n means, an individual who is--\n ``(i) retired from service with a public \n agency, other than for reasons of mental \n disability;\n ``(ii) immediately before such retirement, \n was a qualified law enforcement officer with \n that public agency;\n ``(iii) has a nonforfeitable right to \n benefits under the retirement plan of the \n agency;\n ``(iv) was not separated from service with \n a public agency due to a disciplinary action by \n the agency that prevented the carrying of a \n firearm;\n ``(v) meets the requirements established by \n the State in which the individual resides with \n respect to--\n ``(I) training in the use of \n firearms; and\n ``(II) carrying a concealed weapon; \n and\n ``(vi) is not prohibited by Federal law \n from receiving a firearm.\n ``(D) Firearm.--The term `firearm' means, any \n firearm that has, or of which any component has, \n traveled in interstate or foreign commerce.''.\n (b) Clerical Amendment.--The chapter analysis for chapter 44 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 926A the following:\n\n``926B. Carrying of concealed firearms by qualified current and former \n law enforcement officers.''.\n\nSEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.\n\n (a) In General.--The consent of Congress is given to any 2 or more \nStates--\n (1) to enter into compacts or agreements for cooperative \n effort in enabling individuals to carry concealed weapons as \n dictated by laws of the State within which the owner of the \n weapon resides and is authorized to carry a concealed weapon; \n and\n (2) to establish agencies or guidelines as they may \n determine to be appropriate for making effective such \n agreements and compacts.\n (b) Reservation of Rights.--The right to alter, amend, or repeal \nthis section is hereby expressly reserved by Congress.","summary":"Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons.","title":"Law Enforcement Protection Act of 1997","text_len":6474,"sum_len":406} {"bill_id":"111_s547","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug Rebate Equalization Act of \n2009''.\n\nSEC. 2. EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF \n MEDICAID MANAGED CARE ORGANIZATIONS.\n\n (a) In General.--Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) \nis amended--\n (1) in clause (xi), by striking ``and'' at the end;\n (2) in clause (xii), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(xiii) such contract provides that (I) \n payment for covered outpatient drugs dispensed \n to individuals eligible for medical assistance \n who are enrolled with the entity shall be \n subject to the same rebate required by the \n agreement entered into under section 1927 as \n the State is subject to, and (II) capitation \n rates paid to the entity shall be based on \n actual cost experience related to rebates and \n subject to the Federal regulations requiring \n actuarially sound rates.''.\n (b) Conforming Amendments.--Section 1927 (42 U.S.C. 1396r-8) is \namended--\n (1) in subsection (d)--\n (A) in paragraph (1), by adding at the end the \n following:\n ``(C) Notwithstanding the subparagraphs (A) and \n (B)--\n ``(i) a Medicaid managed care organization \n with a contract under section 1903(m) may \n exclude or otherwise restrict coverage of a \n covered outpatient drug on the basis of \n policies or practices of the organization, such \n as those affecting utilization management, \n formulary adherence, and cost sharing or \n dispute resolution, in lieu of any State \n policies or practices relating to the exclusion \n or restriction of coverage of such drugs, \n provided, however, that any such exclusions and \n restrictions of coverage shall be subject to \n any contractual requirements and oversight by \n the State as contained in the Medicaid managed \n care organization's contract with the State, \n and the State shall maintain approval authority \n over the formulary used by the Medicaid managed \n care organization; and\n ``(ii) nothing in this section or paragraph \n (2)(A)(xiii) of section 1903(m) shall be \n construed as requiring a Medicaid managed care \n organization with a contract under such section \n to maintain the same such policies and \n practices as those established by the State for \n purposes of individuals who receive medical \n assistance for covered outpatient drugs on a \n fee-for-service basis.''; and\n (B) in paragraph (4), by inserting after \n subparagraph (E) the following:\n ``(F) Notwithstanding the preceding subparagraphs \n of this paragraph, any formulary established by \n Medicaid managed care organization with a contract \n under section 1903(m) may be based on positive \n inclusion of drugs selected by a formulary committee \n consisting of physicians, pharmacists, and other \n individuals with appropriate clinical experience as \n long as drugs excluded from the formulary are available \n through prior authorization, as described in paragraph \n (5).''; and\n (2) in subsection (j), by striking paragraph (1) and \n inserting the following:\n ``(1) Covered outpatients drugs are not subject to the \n requirements of this section if such drugs are--\n ``(A) dispensed by health maintenance \n organizations, including Medicaid managed care \n organizations that contract under section 1903(m); and\n ``(B) subject to discounts under section 340B of \n the Public Health Service Act.''.\n (c) Reports.--Each State with a contract with a Medicaid managed \ncare organization under section 1903(m) of the Social Security Act (42 \nU.S.C. 1396b(m)) shall report to the Secretary on a quarterly basis the \ntotal amount of rebates in dollars and volume received from \nmanufacturers (as defined in section 1927(k)(5) of such Act (42 U.S.C. \n1396r-8(k)(5)) for drugs provided to individuals enrolled with such an \norganization as a result of the amendments made by this section for \nboth brand-name and generic drugs. The Secretary shall review the \nreports submitted by States under this subsection and, after such \nreview, make publically available the aggregate data contained in such \nreports.\n (d) Effective Date.--This section and the amendments made by this \nsection take effect on the date of enactment of this Act and apply to \nrebate agreements entered into or renewed under section 1927 of the \nSocial Security Act (42 U.S.C. 1396r-8) on or after such date.","summary":"Drug Rebate Equalization Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending to such organizations the discounts offered under fee-for-service Medicaid plans. Requires the state contract with a Medicaid managed care organization to require that payment for covered outpatient drugs dispensed to Medicaid-eligible individuals enrolled with the organization be subject to the same rebate as the state is subject to. Requires also that capitation rates paid to the organization be: (1) based on actual cost experience related to rebates. And (2) subject to the federal regulations requiring actuarially sound rates.","title":"A bill to amend title XIX of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending the discounts offered under fee-for-service Medicaid to such organizations.","text_len":5696,"sum_len":737} {"bill_id":"112_hr1755","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Construction Lending Regulatory \nImprovement Act of 2011''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to--\n (1) immediately provide authority and guidance that Federal \n and State bank regulators can use to ensure that Federal and \n State chartered banks and thrifts that provide financing to \n America's home builders are permitted to make loans, provide \n ongoing liquidity, and ensure stable financing to such home \n builders; and\n (2) enable Federal and State chartered banks and thrifts to \n provide initial and ongoing credit to America's home builders \n to aid in restoring liquidity to the home building sector and \n to restore vitality to the United States residential housing \n market.\n\nSEC. 3. COORDINATED RULEMAKING.\n\n (a) Initiation of Proceedings.--Not later than 90 days after the \nenactment of this Act, the appropriate Federal banking agencies shall \ninitiate a coordinated rulemaking with respect to financial \ninstitutions under their respective jurisdictions that make real estate \nloans to home builders. Such rulemaking shall provide for the \nfollowing:\n (1) Elimination of the 100 percent of bank capital \n measurement.--\n (A) Loan origination.--If any qualified financial \n institution is holding real estate loans in its lending \n portfolio that in the aggregate represent 100 percent \n or more of its total capital, the appropriate Federal \n banking agency shall not prohibit any such institution \n from continuing to make such loans to home builders.\n (B) Lending decisions.--The appropriate Federal \n banking agency shall not prevent a qualified financial \n institution from making a real estate loan to a home \n builder that has a viable project.\n (C) Qualified financial institution defined.--For \n purposes of this paragraph, the term ``qualified \n financial institution'' means a financial institution \n that received, in the most recent examination of the \n institution, a CAMEL composite rating of 1, 2, or 3 \n under the Uniform Financial Institutions Rating System.\n (2) Realistic market based appraisals.--\n (A) Valuation standard.--The appropriate Federal \n banking agency shall require that entities used by \n financial institutions to assess the value of \n collateral, with respect to a real estate loan, \n associated with any viable project in such \n institution's lending portfolio utilize an as completed \n valuation to make such an assessment.\n (B) Arms length transactions.--The appropriate \n Federal banking agency shall require that entities used \n by financial institutions to assess or review \n underwriting standards and collateral values for real \n estate loans made by such institutions after the date \n of the enactment of this Act use comparable sales \n involving arms length transactions to make such an \n assessment or review.\n (3) Prohibition on compelling lenders to call or curtail \n loans in good standing.--\n (A) Home builders in good standing.--The \n appropriate Federal banking agency shall not compel a \n financial institution to call or curtail a real estate \n loan of a home builder that is in good standing.\n (B) Maximum market valuation.--\n (i) In general.--The appropriate Federal \n banking agency shall, in the case that a home \n builder is in good standing on a real estate \n loan but the home builder's collateral, with \n respect to that loan, has decreased in value \n based on an as completed valuation, permit a \n financial institution to work with such home \n builder to realize the maximum current market \n valuation of such collateral using workout \n methods or other appropriate means.\n (ii) Period of workout methods.--Workout \n methods may be utilized up to a 24-month period \n following the issuance of final regulations \n under subsection (c). In no case shall any real \n estate loan be required to be charged off until \n the financial institution holding such loan has \n worked in good faith to exhaust all workout \n methods or other appropriate means.\n (C) Reclassification of loans.--The appropriate \n Federal banking agency shall not require a financial \n institution to reclassify any real estate loan in this \n paragraph on such institution's balance sheet, unless \n there is a significant reason under Financial \n Accounting Standards Board Accounting Standards \n Codification 310-10-35-55 or 310-10-35-57.\n (4) Waiting period.--If the enactment of paragraphs 2 or 3 \n of this subsection helps to improve a financial institution's \n CAMEL composite rating under the Uniform Financial Institutions \n Rating System from a 4 or 5 to a 1, 2, or 3 in such \n institution's next examination that begins after the date that \n final regulations are issued pursuant to subsection (c), such \n institution's improved rating shall take effect no earlier than \n 24 months after such rating was received.\n (b) Coordination, Consistency, and Comparability.--Each of the \nagencies with authorities referred to in subsection (a) shall consult \nand coordinate with the other such agencies and authorities for the \npurpose of assuring, to the extent possible, that the regulations by \neach such agency and authority are consistent and comparable with those \nprescribed by the other such agencies and authorities.\n (c) Deadline.--Not later than 6 months after the enactment of this \nAct, each of the agencies with authorities referred to in subsection \n(a) shall issue final regulations to implement rules issued under this \nAct.\n (d) Agency Authority.--The rules issued under this Act shall be \nenforced by the appropriate Federal banking agencies with respect to \nfinancial institutions under their respective jurisdictions.\n (e) Effect on State Law.--The rules issued under this Act shall not \nsupercede the law of any State except to the extent that such law is \ninconsistent with such rule, and then only to the extent of the \ninconsistency.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Appropriate federal banking agency.--The term \n ``appropriate Federal banking agency'' has the same meaning as \n is given such term in section 3(q) of the Federal Deposit \n Insurance Act (12 U.S.C. 1813(q)).\n (2) Arms length transaction.--\n (A) In general.--The term ``arms length \n transaction'' means a negotiated real estate \n transaction between a buyer and seller in which such \n buyer and seller act independently of each other.\n (B) Transactions excluded.--Such term shall not \n include any transaction involving a short sale or \n foreclosed property or any other distressed real \n property.\n (3) As completed valuation.--The term ``as completed \n valuation'' means the estimated market value of collateral \n after the full completion and absorption of the development and \n construction associated with the highest and best use of the \n collateral.\n (4) Financial institution.--The term ``financial \n institution'' means an entity regulated by, and under the \n supervision of, any appropriate Federal banking agency.\n (5) Good standing.--The term ``good standing'' means making \n payments on a real estate loan in accordance with the agreement \n of such loan.\n (6) Real estate loan.--The term ``real estate loan'' means \n any indebtness (secured by a mortgage, deed of trust, or other \n equivalent consensual security interest on real property) \n acquired for the purpose of purchasing or improving real \n property, including indebtness acquired for--\n (A) land acquisition;\n (B) land development; and\n (C) residential construction projects.\n (7) Total capital.--The term ``total capital'' means the \n total risk-based capital of a financial institution as reported \n periodically by such institution in the Federal Financial \n Institutions Examination Council's Call Report or Thrift \n Financial Reports, as applicable.\n (8) Viable project.--The term ``viable project'' means a \n real estate project that a financial institution has determined \n continues to have a reasonable prospect of reaching completion \n and sale.\n (9) Workout methods.--The term ``workout methods'' means \n techniques to prevent a real estate loan defaulting, including \n workout assistance, loan modifications, loan write downs, and \n flexibility on reappraisal methods.","summary":"Home Construction Lending Regulatory Improvement Act of 2011 - Directs the appropriate federal banking agencies to initiate a coordinated rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Requires such rulemaking to provide for: (1) elimination of the 100 of bank capital measurement, (2) realistic market-based appraisals, and (3) a prohibition against compelling lenders to call or curtail loans in good standing. Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder that has a viable project.","title":"To enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation's home builders, and to provide liquidity and ensure stable credit for meeting the Nation's need for new homes.","text_len":9954,"sum_len":664} {"bill_id":"110_hr7153","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Childhood Brain Tumor \nPrevention Network Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Tumors kill more children than any other disease and \n brain tumors are the second most common type of cancer in \n children.\n (2) Childhood brain tumors are the leading cause of death \n from solid tumors in children.\n (3) There are newly recognized types of brain tumors, as \n defined by the World Health Organization, and many of these \n newly recognized types occur in children.\n (4) The causes of the overwhelming majority of childhood \n brain tumors are unknown.\n (5) Brain tumors have substantial costs for affected \n children, the families of such children, and society.\n (6) Childhood brain tumors cause significant morbidity and \n the loss of many years of potential life.\n (7) The prognosis for most childhood brain tumors is dismal \n and survivors face lasting adverse health effects.\n (8) Because of the relatively low overall incidence of \n childhood brain tumors, such tumors frequently do not receive \n sufficient attention and research funding.\n (9) No single institution has a sufficient number of \n patients to independently conduct research that will adequately \n address the causes of childhood brain tumors.\n (10) There has been no comprehensive study analyzing all \n relevant clinical, biological, and epidemiological aspects of \n childhood brain tumors to identify potential risk factors and \n determine the cause of such tumors.\n (11) Existing national cooperative clinical oncology groups \n primarily investigate treatment options and prognosis and do \n not typically examine the origins of childhood brain tumors or \n the risk factors associated with such tumors. A significant \n majority of children with brain tumors are first treated by \n neurosurgeons and not by oncologists typically involved in such \n groups.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) there is a need to establish a multi-center research \n effort based on collaboration between regional consortia in \n order to comprehensively study the causes of childhood brain \n tumors and identify potential risk factors;\n (2) there is a need to encourage a collaborative effort \n among surgical and medical centers with epidemiological study \n groups to gather comprehensive and detailed information for \n each child enrolled in those groups, in order to investigate \n environmental, nutritional, genetic, and developmental factors \n with respect to, and the pathological and epidemiological \n characteristics of, childhood brain tumors; and\n (3) there is a need to authorize the Director of the \n National Institutes of Health to coordinate national research \n efforts of governmental and nongovernmental entities with \n respect to childhood brain tumors.\n\nSEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION \n NETWORK.\n\n (a) In General.--Subpart 1 of part C of title IV of the Public \nHealth Service Act (42 U.S.C. 285 et seq.) is amended by adding at the \nend the following:\n\n``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK.\n\n ``(a) Establishment of the National Childhood Brain Tumor \nPrevention Network.--\n ``(1) In general.--Not later than one year after the date \n of the enactment of this section, the Director of NIH, acting \n through the Director of the National Cancer Institute, shall \n establish, administer, and coordinate a National Childhood \n Brain Tumor Prevention Network (hereinafter referred to in this \n section as the `Network') for the purposes described in \n paragraph (2).\n ``(2) Purposes.--The purposes of the Network shall be the \n following:\n ``(A) Providing grants of not fewer than five years \n duration to eligible consortia for the purpose of \n conducting research with respect to the causes of and \n risk factors associated with childhood brain tumors.\n ``(B) Assembling a panel of experts, including \n members of the Brain Tumor Epidemiology Consortium and \n survivors of brain tumors, to provide ongoing guidance \n and recommendations for, with respect to research \n funded by the Network, the development of the \n following:\n ``(i) A common study design.\n ``(ii) Standard protocols, methods, \n procedures, and assays for collecting from \n individuals enrolled as study participants, and \n the parents of such individuals, a minimum data \n set that includes the following:\n ``(I) Environmental exposure data.\n ``(II) Nutritional data.\n ``(III) Biospecimens, including \n genomic data.\n ``(IV) Histopathological and \n molecular pathological data and \n specimens.\n ``(V) Clinical and radiological \n data.\n ``(iii) Specific analytical methods for \n examining data.\n ``(iv) Provisions for consensus review of \n enrolled cases.\n ``(v) An integrated data collection \n network.\n ``(C) Designating a central laboratory to collect, \n analyze, and aggregate data with respect to research \n funded by the Network and to make such data and \n analysis available to researchers.\n ``(3) Eligible consortia.--To be eligible for a grant under \n this section, a consortium shall demonstrate the following:\n ``(A) The capability to annually enroll as research \n participants a minimum of 100 individuals with a newly \n diagnosed childhood brain tumor from the designated \n catchment area of such consortium.\n ``(B) The capability to form a control group by \n enrolling as research participants, for each enrolled \n individual with a childhood brain tumor, at least two \n individuals without a childhood brain tumor, who are \n matched demographically to such enrolled individual \n with a childhood brain tumor.\n ``(C) That the designated catchment area of such \n consortium does not overlap with the designated \n catchment area of a consortium already receiving a \n grant under this section.\n ``(4) Report.--Not later than one year after the date of \n the enactment of this section and annually thereafter, the \n Director of NIH shall submit to Congress a report with respect \n to the Network, to be made publicly available, including a \n summary of research funded by the Network and a list of \n consortia receiving grants under the Network. At the discretion \n of the Director of NIH, such report may be combined with other \n similar or existing reports.\n ``(5) Authorization of appropriations.--\n ``(A) In general.--There is authorized to be \n appropriated $25,000,000 for each of fiscal years 2010 \n through 2014, to remain available until expended, to \n carry out this section.\n ``(B) Sense of congress.--It is the sense of \n Congress that funds appropriated to carry out this \n section should be in addition to the funds already \n appropriated to carry out the functions of the National \n Institutes of Health.\n ``(b) Definitions.--For purposes of this section, the following \ndefinitions apply:\n ``(1) Brain tumor epidemiology consortium.--The term `Brain \n Tumor Epidemiology Consortium' means the organization with such \n name formed in 2003 after an initial meeting sponsored by the \n National Cancer Institute's Division of Cancer Epidemiology and \n Genetics.\n ``(2) Catchment area.--The term `catchment area' means a \n defined area for which population data are available.\n ``(3) Childhood brain tumor.--The term `childhood brain \n tumor' means an intracranial or spinal cord tumor occurring in \n an individual under 20 years of age.\n ``(4) Consortium.--The term `consortium' means a \n partnership of two or more universities, health care \n organizations, or government agencies, or any combination of \n such entities, serving a designated catchment area.''.\n (b) Technical Correction.--\n (1) In general.--Section 3 of the Hematological Cancer \n Research Investment and Education Act of 2002 (Public Law 107-\n 172; 116 Stat. 541) is amended by striking ``419C'' and \n inserting ``417C''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect as if included in the enactment of the Act \n referred to in such paragraph.","summary":"National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors. (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols. And (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers.","title":"To amend title IV of the Public Health Service Act to create a National Childhood Brain Tumor Prevention Network to provide grants and coordinate research with respect to the causes of and risk factors associated with childhood brain tumors, and for other purposes.","text_len":9934,"sum_len":794} {"bill_id":"114_hr3312","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Benefits Network Act''.\n\nSEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS FOR ESTABLISHING \n COORDINATED NETWORKS OF SERVICES AND RESOURCES FOR \n VETERANS AND THEIR FAMILIES.\n\n (a) In General.--Subchapter II of chapter 5 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 533. Grants for establishing coordinated networks of services \n and resources for veterans and their families\n ``(a) In General.--The Secretary may make a grant to an eligible \nentity for the purpose of establishing or expanding a regional \ntechnology system to provide an active database and enrollment system \nthat can be used by a coordinated network of private, public, and non-\nprofit entities to assist veterans and their family members in applying \nfor benefits and services offered by such entities that participate in \nthe network.\n ``(b) Eligible Entities.--To be eligible to receive a grant under \nthis section, an entity shall--\n ``(1) be a State or local government, a regional council of \n governments, or a private entity; and\n ``(2) submit to the Secretary an application containing--\n ``(A) a description of the credentialing system the \n entity intends to use to determine which service \n providers will be eligible for inclusion in the network \n established using the grant that ensures such providers \n meet the requirements under subsection (c)(3); and\n ``(B) such other information and assurances as the \n Secretary may require.\n ``(c) Use of Funds.--\n ``(1) In general.--The recipient of a grant under this \n section shall use the grant to establish a coordinated network \n of private, public, and nonprofit services and resources, as \n described in paragraph (2), for veterans and their families \n designed to--\n ``(A) facilitate awareness and understanding of \n benefits that are available to members of the Armed \n Forces, veterans, and their family members who are \n eligible for benefits;\n ``(B) use best practices to maximize outreach to \n veterans and family members who are eligible for \n benefits; and\n ``(C) have the capacity to be replicated at other \n locations or regional networks.\n ``(2) Services and resources.--The services and resources \n included in the networks established using grants under this \n section may include--\n ``(A) education;\n ``(B) employment;\n ``(C) family support and recreation;\n ``(D) health care;\n ``(E) mental health and behavioral counseling;\n ``(F) substance abuse counseling;\n ``(G) housing;\n ``(H) financial assistance;\n ``(I) legal assistance;\n ``(J) public benefit support;\n ``(K) benefits under the laws administered by the \n Secretary; and\n ``(L) such other services and resources as the \n Secretary determines appropriate.\n ``(3) Criteria for service providers.--In order to be \n eligible for inclusion in a network established using a grant \n under this section, a service provider shall--\n ``(A) demonstrate the capacity, experience, and \n expertise required to participate in the network; and\n ``(B) enter into an agreement with the entity that \n receives the grant that ensures that the provider will \n not--\n ``(i) input the personal information of a \n veteran or veteran's family member into the \n coordinated network without receiving the \n informed consent and authorization of the \n veteran or family member; or\n ``(ii) use such personal information in any \n manner or for any purpose other than the \n performance of the services in compliance with \n the coordinated network.\n ``(d) Priority in Awarding Grants.--In awarding grants under this \nsection, the Secretary shall give priority to an eligible entity that \nprovides services to individuals residing in a geographic area where a \nlarge number of veterans and members of the Armed Forces reside, as \ndetermined by the Secretary.\n ``(e) Deadline for Use of Funds.--The Secretary shall provide, as a \ncondition of awarding a grant under this section to an eligible entity, \nthat the eligible entity must use the grant before the expiration of \nthe two-year period that begins on the date on which the eligible \nentity receives the grant. If a grant recipient has not used the grant \nbefore the expiration of such period, the Secretary may recover from \nthe eligible entity the unused amount of the grant funds.\n ``(f) Cost-Sharing.--As a condition on the provision of funds under \nthis section to an eligible entity, the eligible entity must agree to \ncontribute an amount, derived from non-Federal sources, equal to at \nleast 50 percent of the funds provided by the Secretary of Veterans \nAffairs to the eligible entity under this section.\n ``(g) Availability of Funds.--The Secretary shall use amounts \notherwise made available for the Veterans Benefits Administration to \nmake grants under this section.\n ``(h) Outreach.--The Secretary shall use the authority of the \nSecretary to advertise in the national media under section 532 of this \ntitle to inform veterans, members of the Armed Forces, and their \nfamilies about the networks established using grants under this \nsection.\n ``(i) Report to Congress.--The Secretary shall submit to Congress \nan annual report on the administration of the grant program under this \nsection. Each such report shall include a description of how grant \nrecipients used funds awarded under this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n532 the following new item:\n\n``533. Grants for establishing coordinated networks of services and \n resources for veterans and their \n families.''.","summary":"Veterans Benefits Network Act This bill authorizes the Department of Veterans Affairs to make a grant to an eligible entity to establish or expand a regional technology system to provide an active database and enrollment system that can be used by a network of private, public, and non-profit entities to assist veterans and their family members in applying for benefits and services offered by such entities.","title":"Veterans Benefits Network Act","text_len":6715,"sum_len":409} {"bill_id":"108_s501","text":"SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.\n\n (a) Short Title.--This Act may be cited as the ``Gifted and \nTalented Students Education Act of 2003''.\n (b) Amendment.--Subpart 6 of part D of title V of the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended \nby adding at the end the following:\n\n ``Chapter B--Grant Program For Gifted and Talented Students\n\n``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES.\n\n ``(a) Findings.--Congress makes the following findings:\n ``(1) Gifted and talented students give evidence of high \n performance capability in specific academic fields, or in areas \n such as intellectual, creative, artistic, or leadership \n capacity, and require services or activities not ordinarily \n provided by a school in order to fully develop such \n capabilities. Gifted and talented students are from all \n cultural, racial, and ethnic backgrounds, and socioeconomic \n groups. Some such students have disabilities and for some, \n English is not their first language. Many students from such \n diverse backgrounds have been historically underrepresented in \n gifted education programs.\n ``(2) Elementary school students who are gifted and \n talented have already mastered 35 to 50 percent of the material \n covered in a school year in several subject areas before the \n school year begins.\n ``(3) Elementary school and secondary school teachers have \n students in their classrooms with a wide variety of traits, \n characteristics, and needs. Most teachers receive some training \n to meet the needs of these students, such as students with \n limited English proficiency, students with disabilities, and \n students from diverse cultural and racial backgrounds. However, \n most teachers do not receive training on meeting the needs of \n students who are gifted and talented.\n ``(4) While the families or communities of some gifted \n students can provide private programs with appropriately \n trained staff to supplement public educational offerings, most \n high-ability students, especially those from inner cities, \n rural communities, or low-income families, must rely on the \n services and personnel provided by public schools. Therefore, \n gifted education programs, provided by qualified professionals \n in the public schools, are needed to provide equal educational \n opportunities.\n ``(5) Parents and families are essential partners to \n schools in developing appropriate educational services for \n gifted and talented students. They need access to information, \n research, and support regarding the characteristics of gifted \n children and their educational, and social and emotional needs, \n as well as information on available strategies and resources \n for education in State and local communities.\n ``(6) There currently is no Federal requirement to identify \n or serve the Nation's approximately 3,000,000 gifted and \n talented students.\n ``(7) While some States and local educational agencies \n allocate resources to educate gifted and talented students, \n others do not. Additionally, State laws, and State and local \n funding, identification, and accountability mechanisms vary \n widely, resulting in a vast disparity of services for this \n special-needs population.\n ``(8) To meet the future economic and national security \n needs of the United States, it is important that more students \n achieve to higher levels, and that highly capable students \n receive an education that prepares them to perform the most \n highly innovative and creative work that is necessary to secure \n our Nation's position in the world.\n ``(9) The performance of twelfth-grade advanced students in \n the United States on the Third International Mathematics and \n Science Study (TIMSS) was among the lowest in the world. In \n each of 5 physics content areas in the study and in each of 3 \n mathematics content areas in the study, the performance of \n physics and advanced mathematics students in the United States \n was among the lowest of the participating countries.\n ``(10) In 1990, fewer than 2 cents out of every $100 spent \n on elementary and secondary education in the United States was \n devoted to providing challenging programming for the Nation's \n gifted and talented students.\n ``(b) Program Authorized.--\n ``(1) Competitive grants to states.--If the amount \n appropriated under section 5468 for a fiscal year is greater \n than $7,500,000 but less than $57,500,000, then the Secretary \n may use such amount to award grants, on a competitive basis, to \n State educational agencies to enable the State educational \n agencies to award grants to local educational agencies under \n section 5467C for developing or expanding gifted and talented \n education programs, and providing direct educational services \n and materials.\n ``(2) Formula grants to states.--If the amount appropriated \n under section 5468 for a fiscal year equals or exceeds \n $57,500,000, then the Secretary may use such amount to award \n grants to State educational agencies, from allotments under \n section 5467B, to enable the State educational agencies to \n award grants to local educational agencies under section 5467C \n for developing or expanding gifted and talented education \n programs, and providing direct educational services and \n materials.\n ``(c) Authorized Activities.--Grant funds provided under this \nchapter shall be used to carry out 1 or more of the following \nactivities:\n ``(1) Any activity described in paragraph (2), (4), (6), or \n (7) of section 5464(b).\n ``(2) Providing direct educational services and materials \n to gifted and talented students, which may include curriculum \n compacting, modified or adapted curriculum, acceleration, \n independent study, and dual enrollment.\n ``(d) Limitations on Use of Funds.--\n ``(1) Course work provided through emerging technologies.--\n Grant funds provided under this chapter that are used for \n activities described in section 5464(b)(7) may include \n development of curriculum packages, compensation of distance-\n learning educators, or other relevant activities, but grant \n funds provided under this chapter may not be used for the \n purchase or upgrading of technological hardware.\n ``(2) State use of funds.--\n ``(A) In general.--A State educational agency \n receiving a grant under this chapter may not use more \n than 10 percent of the grant funds for--\n ``(i) dissemination of general program \n information;\n ``(ii) providing technical assistance under \n this chapter;\n ``(iii) monitoring and evaluation of \n programs and activities assisted under this \n chapter;\n ``(iv) providing support for parental \n education; or\n ``(v) creating a State gifted education \n advisory board.\n ``(B) Administrative costs.--A State educational \n agency may use not more than 50 percent of the funds \n made available to the State educational agency under \n subparagraph (A) for administrative costs.\n\n``SEC. 5467A. ALLOTMENTS TO STATES.\n\n ``(a) Reservation of Funds.--From the amount made available to \ncarry out this chapter for any fiscal year, the Secretary shall reserve \n\\1\/2\\ of 1 percent for the Secretary of the Interior for programs under \nthis chapter for teachers, other staff, and administrators in schools \noperated or funded by the Bureau of Indian Affairs.\n ``(b) State Allotments.--\n ``(1) In general.--Except as provided in paragraph (2), the \n Secretary shall allot the total amount made available to carry \n out this chapter for any fiscal year and not reserved under \n subsection (a) to the States on the basis of their relative \n populations of individuals aged 5 through 17, as determined by \n the Secretary on the basis of the most recent satisfactory \n data.\n ``(2) Minimum grant amount.--No State receiving an \n allotment under paragraph (1) may receive less than \\1\/2\\ of 1 \n percent of the total amount allotted under such paragraph.\n ``(c) Reallotment.--If any State does not apply for an allotment \nunder this section for any fiscal year, then the Secretary shall \nreallot such amount to the remaining States in accordance with this \nsection.\n\n``SEC. 5467B. STATE APPLICATION.\n\n ``(a) In General.--To be eligible to receive a grant under this \nchapter, a State educational agency shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary may reasonably require.\n ``(b) Contents.--Each application under this section shall include \nassurances that--\n ``(1) the funds received under this chapter will be used to \n identify and support gifted and talented students, including \n gifted and talented students from all economic, ethnic, and \n racial backgrounds, such students of limited English \n proficiency, and such students with disabilities;\n ``(2) the funds not retained by the State educational \n agency shall be used for the purpose of making, in accordance \n with this chapter and on a competitive basis, grants to local \n educational agencies;\n ``(3) the funds received under this chapter shall be used \n only to supplement, but not supplant, the amount of State and \n local funds expended for the education of, and related services \n for, gifted and talented students;\n ``(4) the State educational agency will provide matching \n funds for the activities to be assisted under this chapter in \n an amount equal to not less than 10 percent of the grant funds \n to be received, which matching funds may be provided in cash or \n in kind; and\n ``(5) the State educational agency shall develop and \n implement program assessment models to ensure program \n accountability and to evaluate educational effectiveness.\n ``(c) Approval.--To the extent funds are made available to carry \nout this chapter, the Secretary shall approve an application of a State \nif such application meets the requirements of this section.\n\n``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.\n\n ``(a) Grant Competition.--A State educational agency shall use not \nless than 90 percent of the funds made available to the State \neducational agency under this chapter to award grants to local \neducational agencies (including consortia of local educational \nagencies) to enable the local educational agencies to carry out the \nauthorized activities described in section 5467(c).\n ``(b) Competitive Process.--Funds provided under this chapter to \nlocal educational agencies shall be distributed to local educational \nagencies through a competitive process that results in an equitable \ndistribution by geographic area within the State.\n ``(c) Size of Grant.--A State educational agency shall award a \ngrant under subsection (a) for any fiscal year in an amount sufficient \nto meet the needs of the students to be served under the grant.\n\n``SEC. 5467D. LOCAL APPLICATIONS.\n\n ``(a) Application.--To be eligible to receive a grant under this \nchapter, a local educational agency (including a consortium of local \neducational agencies) shall submit an application to the State \neducational agency.\n ``(b) Contents.--Each application under this section shall \ninclude--\n ``(1) an assurance that the funds received under this \n chapter will be used to identify and support gifted and \n talented students, including gifted and talented students from \n all economic, ethnic, and racial backgrounds, such students of \n limited English proficiency, and such students with \n disabilities;\n ``(2) a description of how the local educational agency \n will meet the educational needs of gifted and talented \n students, including the training of personnel in the education \n of gifted and talented students; and\n ``(3) an assurance that funds received under this chapter \n will be used to supplement, not supplant, the amount of funds \n the local educational agency expends for the education of, and \n related services for, gifted and talented students.\n\n``SEC. 5467E. ANNUAL REPORTING.\n\n ``Beginning 1 year after the date of enactment of the Gifted and \nTalented Students Education Act of 2003 and for each year thereafter, \nthe State educational agency shall submit an annual report to the \nSecretary that describes the number of students served and the \nactivities supported with funds provided under this chapter. The report \nshall include a description of the measures taken to comply with \nparagraphs (1) and (4) of section 5467B(b).\n\n``SEC. 5467F. CONSTRUCTION.\n\n ``Nothing in this chapter shall be construed to prohibit a \nrecipient of funds under this chapter from serving gifted and talented \nstudents simultaneously with students with similar educational needs, \nin the same educational settings where appropriate.\n\n``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.\n\n ``In making grants under this chapter, the Secretary shall ensure, \nwhere appropriate, that provision is made for the equitable \nparticipation of students and teachers in private nonprofit elementary \nschools and secondary schools, including the participation of teachers \nand other personnel in professional development programs serving such \nchildren.\n\n``SEC. 5467H. DEFINITIONS.\n\n ``For purposes of this chapter:\n ``(1) Gifted and talented.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the term `gifted and talented' when \n used with respect to a person or program--\n ``(i) has the meaning given the term under \n applicable State law; or\n ``(ii) in the case of a State that does not \n have a State law defining the term, has the \n meaning given such term by definition of the \n State educational agency or local educational \n agency involved.\n ``(B) Special rule.--In the case of a State that \n does not have a State law that defines the term, and \n the State educational agency or local educational \n agency has not defined the term, the term has the \n meaning given the term in section 9101.\n ``(2) State.--The term `State' means each of the 50 States, \n the District of Columbia, and the Commonwealth of Puerto Rico.\n\n ``Chapter C--Authorization of Appropriations\n\n``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this subpart \n$170,000,000 for each of fiscal years 2004 through 2010, of which--\n ``(1) $7,500,000 shall be available for each fiscal year to \n carry out chapter A; and\n ``(2) the remainder shall be available for each fiscal year \n to carry out chapter 2.''.\n\nSEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.\n\n Subpart 6 of part D of title V of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 7253 et seq.) is amended--\n (1) by inserting after the subpart designation the \n following:\n\n ``Chapter A--Jacob K. Javits Gifted and Talented Students Education \n Program'';\n\n (2) in section 5461 (20 U.S.C. 7253), by striking ``This \n part'' and inserting ``This chapter'';\n (3) by striking ``this part'' each place the term appears \n and inserting ``this chapter''; and\n (4) in section 5464 (20 U.S.C. 7253c)--\n (A) by striking subsection (c); and\n (B) by redesignating subsections (d) and (e) as \n subsections (c) and (d), respectively.","summary":"Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students. Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children.","title":"A bill to provide a grant program for gifted and talented students, and for other purposes.","text_len":17087,"sum_len":1101} {"bill_id":"115_hr6356","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Less Imprecision in Species \nTreatment Act of 2018'' or the ``LIST Act of 2018''.\n\nSEC. 2. REQUIREMENT TO INITIATE DELISTING.\n\n (a) Requirement in Case of Recovery.--Section 4(b) of the \nEndangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding \nat the end the following:\n ``(9)(A) The Secretary shall initiate the procedures in accordance \nwith subsection (a)(1) to remove a species from a list published under \nsubsection (c) if--\n ``(i) the goals of a recovery plan for the species \n developed under subsection (f) have been met; or\n ``(ii) the goals for recovery of the species have not been \n developed under subsection (f), and the Secretary determines \n that the species has recovered sufficiently to no longer \n require the protection of the Act.\n ``(B) Notwithstanding the requirement of subsection (c)(2) that \neach determination under subparagraph (B) of that subsection shall be \nmade in accordance with the provisions of subsections (a) and (b), the \nSecretary shall remove a species from any list published under \nsubsection (c) if the Department of the Interior has produced or \nreceived substantial scientific or commercial information demonstrating \nthat the species is recovered or that recovery goals set for the \nspecies under subsection (f) have been met.\n ``(C) In the case of a species removed under subparagraph (A) from \na list published under subsection (c), the publication and notice under \nsubsection (b)(5) shall consist solely of a notice of such removal.''.\n (b) Requirement in Case Erroneously or Wrongfully Listed.--Section \n4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as \namended by subsection (a), is further amended by adding at the end the \nfollowing:\n ``(H)(i) Not later than 90 days after the date the Department of \nthe Interior receives or produces under this subsection information \ndescribed in clause (ii) regarding a species included in a list under \nsubsection (c), the Secretary shall to the maximum extent practicable \nfind whether the inclusion of such species in such list was less than \nlikely to have occurred in the absence of the scientific or commercial \ninformation referred to in clause (ii).\n ``(ii) Information referred to in clause (i) is any information \ndemonstrating that the listing was determined on the basis of \nscientific or commercial information available to, or received or \nproduced by, the Department under paragraphs (1) and (3) of subsection \n(b) that at the time the scientific or commercial information was \navailable to or received or produced by the Department it was--\n ``(I) inaccurate beyond scientifically reasonable margins \n of error;\n ``(II) fraudulent; or\n ``(III) misrepresentative.\n ``(iii) Notwithstanding the requirement under subsection (c)(2)(B) \nthat each determination under subparagraph (B) shall be made in \naccordance with the provisions of subsections (a) and (b), the \nSecretary shall--\n ``(I) remove from any list published under subsection (c) \n any species for which a positive finding is made under clause \n (i); and\n ``(II) promptly publish in the Federal Register notice of \n such finding that includes such information as was received or \n produced by the Department under such clause.\n ``(iv) Any positive finding by the Secretary under clause (i) shall \nnot be subject to judicial review.\n ``(v) Any negative finding by the Secretary under clause (i) shall \nbe subject to judicial review.\n ``(vi) In the case of a species removed under clause (iii) from a \nlist, the publication and notice under subsection (b)(5) shall consist \nsolely of a notice of such removal.\n ``(vii) If the Secretary finds that a person submitted a petition \nthat is the subject of a positive finding under clause (i) knowing that \nit contained scientific or commercial information described in clause \n(ii), then during the 10-year period beginning on the date of the \nfinding under this clause the person shall not be considered an \ninterested person for purposes of subparagraph (A) with respect to any \npetition submitted by the person after the date the person submitted \nsuch scientific or commercial information.''.\n\nSEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.\n\n Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end \nthe following:\n ``(3) Each determination under paragraph (2)(B) shall consider one \nof the following:\n ``(A) Except as provided in subparagraph (B) of this \n paragraph, the criteria required under subsection (f)(1)(B) in \n the recovery plan for the species.\n ``(B) If the objective, measurable criteria under \n subsection (f)(1)(B)(ii) are not established, the factors for \n the determination that a species is an endangered species or a \n threatened species set forth in subsections (a)(1) and (b)(1).\n ``(C) A finding of error in the determination that the \n species is an endangered species, a threatened species, or \n extinct.\n ``(D) A determination that the species is no longer an \n endangered species or threatened species or in danger of \n extinction, based on an analysis of the factors that are the \n basis for listing in subsections (a)(1) and (b)(1).''.","summary":"Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.","title":"Less Imprecision in Species Treatment Act of 2018","text_len":5490,"sum_len":1091} {"bill_id":"106_hr1523","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Forest Roads-Community Right-To-Know \nAct''.\n\nSEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR \n PERMANENT CLOSURE OF FOREST ROADS.\n\n (a) Definitions.--In this section:\n (1) Permanent closure.--The term ``permanent closure'', \n with respect to a forest road, means the closure of the road to \n vehicular traffic for a continuous period of more than one \n year. The term includes a road closure of one year or less, or \n of an unspecified duration, unless the Secretary concerned \n certifies at the time of the closure that the closure will not \n extend beyond one year.\n (2) Forest road.--The term ``forest road'' means any road \n on Federal lands.\n (3) Federal lands.--The term ``Federal lands'' means--\n (A) lands administered by the Bureau of Land \n Management; and\n (B) lands within units of the National Forest \n System.\n (4) State and local government officials.--The term ``State \n and local government officials'' means elected officials of \n States and counties within which Federal lands are located.\n (5) Secretary concerned.--The term ``Secretary concerned'' \n means--\n (A) with respect to the Federal lands described in \n paragraph (3)(A), the Secretary of the Interior; and\n (B) with respect to the Federal lands described in \n paragraph (3)(B), the Secretary of Agriculture.\n (b) Advance Notice of Permanent Road Closures to State and Local \nGovernment Officials.--\n (1) Purpose.--The purpose of this subsection is to ensure \n that the Secretary concerned involves State and local \n government officials in the process by which the Secretary \n concerned considers and plans for the potential permanent \n closure of forest roads on Federal lands.\n (2) Annual meetings required.--At least once each fiscal \n year, the Secretary concerned shall meet with appropriate State \n and local government officials to describe all agency plans or \n proposals that, within the next two fiscal years, will or may \n result in the permanent closure of forest roads on Federal \n lands. Such agency plans or proposals include project \n proposals, land management plan amendments or revisions, \n resource management plan amendments or revisions, and regional \n or subregional plans or proposals\n (3) Elements of notice.--At a meeting under paragraph (2), \n the Secretary concerned shall provide information, using maps \n and other means, that at a minimum--\n (A) shows forest roads selected or proposed for \n permanent closure;\n (B) shows traffic patterns and volumes on the roads \n over the previous five years; and\n (C) explains how users of the roads will be \n adversely affected with longer travel times or adverse \n travel conditions by the permanent closure of the \n roads.\n (4) Special rule for first meeting.--At the first meeting \n conducted under paragraph (2) for a State or local government, \n the Secretary concerned shall also provide information on all \n forest roads that have been subject to permanent closure in \n that State during the previous five years. The information \n shall include a map showing the location of the forest \nroads and a description of the methods and costs of the permanent \nclosure of the forest roads.\n (c) Public Notice and Comment Requirements.--\n (1) Local notice.--Before proceeding with the permanent \n closure of a forest road, the Secretary concerned shall publish \n an announcement describing the proposed closure in the local \n newspaper of record for the area likely to be affected by the \n permanent closure of the road. The announcement shall include a \n description and map of the forest road selected or proposed for \n permanent closure and a description of any comments generated \n regarding the closure in meetings with State and local \n government officials under subsection (b).\n (2) Comment period.--The permanent closure of a forest road \n may not take effect until after the end of the 90-day period \n beginning on the date that the announcement under paragraph (1) \n was published regarding that road so as to permit the public to \n submit comments regarding the decision to select or propose the \n forest road for permanent closure.\n (d) Prohibition on Permanent Road Closures.--The permanent closure \nof a forest road is prohibited unless--\n (1) advance notice of the permanent closure of the road is \n provided to the appropriate State and local government \n officials in the manner provided in subsection (b); and\n (2) the Secretary complies with the public notice and \n comment requirements under subsection (c).\n (e) Application of Requirements.--The requirements of this section \nshall take effect on the date of the enactment of this Act, except that \nthe prohibition contained in subsection (d)(1) shall not apply to \nprohibit the permanent closure of any forest road implemented during \nthe fiscal year in which this section is enacted.\n (f) Effect on Valid and Existing Rights.--Nothing in this section \nshall invalidate rights-of-way designated under section 2477 of the \nRevised Statutes of 1878 (43 U.S.C. 932) or other valid and existing \nrights, including rights of ingress and egress.\n (g) Compliance With State Laws.--In carrying out this section with \nrespect to a forest road, the Secretary concerned shall comply with the \napplicable laws of the State in which the forest road is located.\n\nSEC. 3. EMERGENCIES.\n\n (a) Emergency Road Closures.--Subject to subsection (b), the \nrequirements of section 2 shall not apply to emergency road closures \nwhere life or property would be endangered or threatened in the absence \nof the road closure.\n (b) Length of Closure.--If an emergency road closure will extend \nbeyond one year, the Secretary concerned shall comply with the \nrequirements of section 2 within three months after the date on which \nthe emergency road closure commenced.\n\n\n\n\n ","summary":"Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns. And (2) provide for public notice and comment. Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years. And (2) information to be provided at the first meeting respecting the previous five years' road closings.","title":"Forest Roads-Community Right-To-Know Act","text_len":6659,"sum_len":636} {"bill_id":"111_hr3315","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Care Criminal Background Check \nAct of 2009''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to assist States in improving the \noverall quality of child care services in the State by requiring \nnational criminal background checks of child care providers that are \nlicensed by the State or that receive funds under the Child Care and \nDevelopment Block Grant Act of 1990.\n\nSEC. 3. AMENDMENTS.\n\n (a) State Plan.--Section 658E(c)(2) of the Child Care and \nDevelopment Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended \nby adding at the end the following:\n ``(I) Criminal background check.--Certify that the \n State will--\n ``(i) require each eligible child care \n provider (excluding an eligible child care \n provider described in section 658P(5)(B)) that \n is licensed by the State or receives funds \n provided under this subchapter--\n ``(I) to obtain from the State a \n comprehensive criminal background check \n of--\n ``(aa) each employee who \n provides child care services;\n ``(bb) each applicant for \n employment to provide such \n services; and\n ``(cc) each family child \n care provider who provides or \n applies to provide such \n services;\n ``(II) to refuse to employ an \n individual to provide such services--\n ``(aa) if such individual \n was convicted, in the then most \n recent 5-year period ending on \n the date of receipt of such a \n criminal background check, of--\n\n ``(AA) a crime of \n violence (as defined in \n section 20101 of \n subtitle A of title II \n of the Violent Crime \n Control and Law \n Enforcement Act of 1994 \n (42 U.S.C. 13701)); or\n\n ``(BB) a crime \n against a child for \n which the penalty \n exceeds imprisonment \n for a term exceeding 1 \n year;\n\n ``(bb) to an eligible child \n without the supervision of an \n employee whose criminal \n background check satisfies the \n requirements of the \n subparagraph, pending receipt \n of such a criminal background \n check of such individual; and\n ``(cc) to an eligible child \n with the supervision of an \n employee whose criminal \n background check satisfies the \n requirements of the \n subparagraph and for a period \n exceeding 90 days, pending \n receipt of such a criminal \n background check of such \n individual; and\n ``(ii) carry out at the request of an \n eligible child care provider, as soon as \n practicable, a comprehensive criminal \n background check (at the State option for a fee \n not to exceed the actual cost to the State) of \n each employee of, and each applicant for \n employment by, a child care provider that is \n licensed by the State or receives funds \n provided under this subchapter by the State, \n and make the results of such check available to \n such provider and to such employee or \n applicant.\n At the request of a State, the Secretary may waive for \n 1 fiscal year the application of this subparagraph to \n the State if the State demonstrates a good faith effort \n to comply with the requirements specified in this \n subparagraph and its inability to so comply.''.\n (b) Enforcement.--Section 658I(b)(2) of the Child Care and \nDevelopment Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is \namended by adding at the end the following:\n ``If a State fails to comply substantially with the \n requirements specified in section 658e(c)(2)(I), the \n Secretary shall reduce by 10 percent the State \n allotment for the fiscal year following the fiscal year \n with respect to which noncompliance is found.''.\n\nSEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.\n\n This Act and the amendments made by this Act shall take effect 2 \nyears after the date of the enactment of this Act.","summary":"Child Care Criminal Background Check Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require child care providers that are licensed by a state or receive funds under the Child Care and Development Block Grant Program to: (1) obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services. And (2) refuse to employ individuals convicted of crimes of violence or crimes against children. Reduces by 10 allotments to states that fail to comply with the requirements of this Act.","title":"To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks of child care providers.","text_len":6338,"sum_len":659} {"bill_id":"115_hr1785","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Strategy to Destroy \nISIS Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since the civil war in Syria began in 2011, nearly \n 500,000 Syrians have been killed, including 50,000 children.\n (2) The ongoing civil war in Syria has been among the most \n disruptive and costly of this century, having displaced an \n estimated 4,900,000 refugees and an additional 6,300,000 \n internally displaced persons according to the United Nations \n High Commissioner for Refugees.\n (3) In June 2014 the self-described caliphate of the \n Islamic State of Iraq and al-Sham (ISIS) conquered territory in \n Syria and Iraq.\n (4) According to the House Committee on Homeland Security's \n Task Force on Combatting Terrorist and Foreign Fighter Travel, \n nearly 300,000 people from over 100 countries have traveled to \n the conflict zone in Iraq and Syria since 2011 to join or \n attempt to join terrorist groups, including ISIS.\n (5) According to CNN, ISIS has committed 143 attacks in 29 \n countries outside of Iraq and Syria, killing 2,043 people since \n June 2014.\n (6) According to the United Nations Assistance Mission for \n Iraq, over 27,000 Iraqi civilians have been killed since June \n 2014.\n (7) On March 17, 2016, Secretary of State John Kerry \n stated, ``Daesh is responsible for genocide against groups in \n areas under its control''.\n (8) On January 28, 2017, the President signed National \n Security Presidential Memo-3 to require the Secretary of \n Defense to submit to the President within 30 days a ``plan to \n defeat ISIS''.\n\nSEC. 3. STRATEGY TO DESTROY THE ISLAMIC STATE OF IRAQ AND AL-SHAM AND \n ITS AFFILIATES.\n\n (a) Strategy Required.--Not later than 120 days after the date of \nthe enactment of this Act, the Secretary of Defense and the Secretary \nof State, in consultation with the heads of other appropriate Federal \nagencies, shall jointly develop and submit to the appropriate \ncommittees of Congress a strategy to destroy the Islamic State of Iraq \nand al-Sham (ISIS) and its affiliates.\n (b) Elements of the Strategy.--The strategy required by subsection \n(a) shall include the following elements:\n (1) An update on the status and progress of the Global \n Coalition to Counter ISIS and specific actions being taken in \n conjunction with such Coalition to destroy and eliminate ISIS.\n (2) A strategy for the deployment of United States military \n assets, including ground combat forces, to train and equip \n allies, as well as potential direct confrontation with ISIS \n fighters and its affiliates.\n (3) A strategy for airstrikes and drone strikes in Iraq and \n Syria against ISIS senior leaders and infrastructure, as well \n as the viability of the use of airstrikes in conjunction with \n regional partners that face a significant threat from ISIS and \n its affiliates.\n (4) A plan to strengthen the capacity of the Iraqi Security \n Forces, the Kurdish Peshmerga, the Jordanian Armed Forces, the \n Afghanistan Security Forces, and others to counter gains by \n ISIS and its affiliates.\n (5) A plan to provide humanitarian assistance and relief, \n governance, and rule of law to regions previously impacted by \n ISIS and its affiliates.\n (6) Prevention of a reconstitution of ISIS or its \n affiliates in the region.\n (7) A strategy to pursue war crimes prosecutions against \n ISIS fighters through international fora.\n (8) Use of social media and other communication \n technologies to counter ISIS's propaganda, influence, and \n ability to recruit fighters domestically and internationally.\n (9) A strategy to deny financial resources, including \n revenues from natural resources extraction, sale of \n antiquities, kidnapping, extortion, and taxation, to ISIS and \n its affiliates.\n (c) Update.--The Secretary of Defense and the Secretary of State \nshall submit to the appropriate committees of Congress an update of the \nstrategy required by subsection (a) at least once every 2 years after \nthe date of the initial submission of the strategy.\n\nSEC. 4. STRATEGY TO BRING THE CIVIL WAR IN SYRIA TO A SUSTAINABLE END.\n\n (a) Strategy Required.--Not later than 120 days after the date of \nthe enactment of this Act, the Secretary of Defense and the Secretary \nof State, in consultation with the heads of other appropriate Federal \nagencies, shall jointly develop and submit to the appropriate \ncommittees of Congress a strategy to bring the civil war in Syria to a \nsustainable end.\n (b) Elements of the Strategy.--The strategy required by subsection \n(a) shall include the following elements:\n (1) A description of military and diplomatic actions to end \n the Syrian Civil War.\n (2) An assessment on the viability of safe zones for Syrian \n refugees displaced from their homes to allow such refugees to \n settle for an unspecified amount of time and live in peace and \n security.\n (3) A plan to bring the various moderate opposition \n factions and the Government of Syria to the negotiating table \n in order to find a peaceful solution to the conflict, and \n specifically includes plans for a transition of power from the \n presidency of Bashar al-Assad to a confederation of multi-\n sectarian and moderate parties that does not include any known \n radical Islamist groups in order to rebuild Syria.\n (4) A strategy to pursue war crimes prosecutions against \n Bashar al-Assad and Syrian government officials responsible for \n crimes against humanity.\n (5) A plan that will prevent the reconstitution of the ISIS \n in Syrian territory.\n\nSEC. 5. ASSESSMENT BY DIRECTOR OF NATIONAL INTELLIGENCE.\n\n Not later than 1 year after the date of the enactment of this Act, \nthe Director of National Intelligence shall submit to the appropriate \ncommittees of Congress an assessment of the following:\n (1) The willingness and capabilities of coalition members \n and allies to defeat and destroy the Islamic State of Iraq and \n al-Sham (ISIS) and its affiliates with their own military \n assets.\n (2) The presence of ISIS or its affiliates in countries \n other than Syria, Iraq, Libya, Egypt, and Afghanistan.\n (3) Preventing radicalization of citizens of regional \n countries by ISIS and its affiliates and tactics used by \n countries to stop radicalization.\n (4) Assessment of the number of foreign fighters joining \n ISIS and its affiliates and tactics that can be used by \n countries with foreign fighter populations to prevent further \n recruitment.\n (5) Significant United States intelligence gaps concerning \n ISIS and its affiliates and the ability to carry out a regional \n strategy to defeat ISIS and its affiliates.\n\nSEC. 6. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.\n\n In this Act, the term ``appropriate committees of Congress'' \nmeans--\n (1) the Committee on Armed Services, the Committee on \n Foreign Affairs, the Committee on Appropriations, and the \n Permanent Select Committee on Intelligence of the House of \n Representatives; and\n (2) the Committee on Armed Services, the Committee on \n Foreign Relations, the Committee on Appropriations, and the \n Select Committee on Intelligence of the Senate.","summary":"Comprehensive Strategy to Destroy ISIS Act of 2017 This bill directs the Department of Defense (DOD) and the Department of State to jointly develop and submit to Congress: (1) a strategy to destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates, (2) a biennial update of such strategy, and (3) a strategy to bring the civil war in Syria to a sustainable end. The Office of the Director of National Intelligence shall submit to Congress an assessment of: the willingness and capabilities of coalition members and allies to defeat ISIS with their own military assets. The presence of ISIS or its affiliates in countries other than Syria, Iraq, Libya, Egypt, and Afghanistan, preventing radicalization of citizens of regional countries by ISIS. The number of foreign fighters joining ISIS and tactics to prevent further recruitment. And significant US intelligence gaps concerning ISIS and the ability to carry out a regional strategy to defeat it.","title":"Comprehensive Strategy to Destroy ISIS Act of 2017","text_len":7950,"sum_len":962} {"bill_id":"108_hr3286","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HELP Commission Act''.\n\nSEC. 2. PURPOSE.\n\n The Congress finds that, despite the long-standing efforts and \nresources of the United States dedicated to helping needy people around \nthe world, despair remains and in many areas is growing. Therefore, a \ncommission should be established to bring together the best minds \nassociated with development and humanitarian assistance to make a \ncomprehensive review of--\n (1) policy decisions, including why certain development \n projects are funded and others are not;\n (2) delivery obstacles, including the roles of United \n States agencies and other governmental and nongovernmental \n organizations;\n (3) methodology, including whether the delivery of United \n States development assistance always represents best practices \n and whether it can be improved; and\n (4) results, including measuring improvements in human \n capacity instead of in purely economic terms.\nAn examination of these issues should present new approaches and ideas \nto ensure that United States development assistance reaches its \nintended recipients.\n\nSEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.\n\n (a) Establishment.--There is established the Helping Enhance the \nLivelihood of People (HELP) Around the Globe Commission (in this Act \nreferred to as the ``Commission'').\n (b) Functions.--The Commission shall--\n (1) identify the past and present objectives of United \n States development assistance, identify cases in which those \n objectives have been met, identify the beneficiaries of such \n assistance, and what percentage of the funds provided actually \n reached the intended beneficiaries;\n (2) identify cases in which United States development \n assistance has been most successful, and analyze why such \n successes have not been transferable to other countries or \n areas;\n (3) study ways to expand educational opportunities and \n investments in people, and assess infrastructure needs;\n (4) because of the difficulty in measuring results in \n lesser developed countries, study whether additional resources \n should be dedicated in order to bring about tangible results;\n (5) analyze how the United States could place conditions on \n governments in countries receiving United States development \n assistance, in light of and notwithstanding the objectives of \n the Millennium Challenge Account;\n (6) analyze ways in which the United States can coordinate \n its development assistance programs with those of other donor \n countries and international organizations;\n (7) analyze ways in which the safety of development \n assistance workers can be ensured, particularly in the midst of \n conflicts;\n (8) compare the effectiveness of increased and open trade \n with development assistance, and analyze the advantages and \n disadvantages of such trade and whether such trade could be a \n more effective alternative to United States development \n assistance;\n (9) analyze ways in which the United States can strengthen \n the capacity of indigenous nongovernmental organizations to be \n more effective in grassroots development;\n (10) analyze how political pressures affect the \n decisionmaking process on providing development assistance;\n (11) analyze ways in which decisions on providing \n development assistance can involve more of the people of the \n recipient countries;\n (12) analyze ways in which results can be measured if \n United States development assistance is targeted to the least \n developed countries;\n (13) recommend standards that should be set for \n ``graduating'' recipient countries from United States \n development assistance;\n (14) analyze whether United States development assistance \n should be used as a means to achieve United States foreign \n policy objectives;\n (15) analyze how the United States can evaluate the \n performance of its development assistance programs not only \n against economic indicators, but in other ways, including how \n to measure the success of United States development assistance \n in democratization efforts; and\n (16) study any other areas that the Commission considers \n necessary relating to United States development assistance.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Appointment.--The Commission shall be composed of 21 members as \nfollows:\n (1) Six members shall be appointed by the President, of \n whom at least two shall be representatives of nongovernmental \n organizations.\n (2) Four members shall be appointed by the majority leader \n of the Senate, and three members shall be appointed by the \n minority leader of the Senate.\n (3) Four members shall be appointed by the Speaker of the \n House of Representatives, and three members shall be appointed \n by the minority leader of the House of Representatives.\n (4) The Administrator of the United States Agency for \n International Development shall serve as a member of the \n Commission, ex officio.\nMembers under paragraphs (1) through (3) shall be appointed for the \nlife of the Commission.\n (b) Selection.--Members of the Commission shall be selected from \namong individuals noted for their knowledge and experience in foreign \nassistance, particularly development and humanitarian assistance.\n (c) Time of Appointment.--The appointments under subsection (a) \nshall be made not later than 60 days after the date of the enactment of \nthis Act.\n (d) Chair.--The President shall designate one of the members of the \nCommission from private life as the Chair of the Commission.\n (e) Regional Subcommittees.--In order to facilitate the workload of \nthe Commission, the Commission shall divide the membership of the \nCommission into three subcommittees representing the different regions \nof the world to which the United States provides development \nassistance, the membership of each subcommittee to be proportional to \nthe percentage of United States development assistance provided to the \nregion represented by the subcommittee. Each subcommittee shall elect \none of its members as Chair of the subcommittee.\n (f) Quorum and Meetings.--\n (1) Commission.--Eleven members of the Commission shall \n constitute a quorum for purposes of transacting the business of \n the Commission. The Commission shall meet at the call of the \n Chair.\n (2) Subcommittees.--A majority of the members of each \n regional subcommittee shall constitute a quorum for purposes of \n transacting the business of the subcommittee. Each subcommittee \n shall meet at the call of the Chair of the subcommittee.\n (g) Vacancies.--Any vacancy of the Commission shall not affect its \npowers, but shall be filled in the manner in which the original \nappointment was made.\n (h) Administrative Support.--The Administrator of General Services \nshall provide to the Commission on a reimbursable basis (or, in the \ndiscretion of the Administrator, on a nonreimbursable basis) such \nadministrative support services as the Commission may request to carry \nout this Act.\n (i) Compensation.--\n (1) In general.--Subject to paragraph (2), members of the \n Commission shall serve without pay.\n (2) Prohibition on additional compensation of federal \n employees.--Members of the Commission who are full-time \n officers or employees of the United States or Members of \n Congress may not receive additional pay, allowances, or \n benefits by reason of their service on the Commission.\n (j) Travel Expenses.--Members of the Commission shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for employees of agencies under subchapter I of chapter 57 \nof title 5, United States Code, while away from their homes or regular \nplaces of business in the performance of services for the Commission.\n (k) Staff.--\n (1) In general.--The Chairman of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment of an \n executive director shall be subject to confirmation by the \n Commission.\n (2) Compensation.--To the extent or in the amounts provided \n in advance in appropriations Acts--\n (A) the executive director shall be compensated at \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code; and\n (B) the Chairman of the Commission may fix the \n compensation of other personnel without regard to the \n provisions of chapter 51 and subchapter III of chapter \n 53 of title 5, United States Code, relating to \n classification of positions and General Schedule pay \n rates, except that the rate of pay for such personnel \n may not exceed the rate payable for level V of the \n Executive Schedule under section 5316 of such title.\n\nSEC. 5. POWERS OF THE COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out its functions under this Act, hold hearings, sit and act \nat times and places in the United States and in countries which receive \nUnited States development assistance, take testimony, and receive \nevidence as the Commission considers advisable to carry out the \npurposes of this Act.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon request of the Chair of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission, \nsubject to applicable law.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (d) Administrative Procedures.--The Commission may adopt such rules \nand regulations, relating to administrative procedure, as may be \nreasonably necessary to enable it to carry out the provisions of this \nAct.\n (e) Travel.--\n (1) In general.--The Members of the Commission may, with \n the approval of the Commission, conduct such travel as is \n necessary to carry out the purposes of this Act. Each trip must \n be approved by a majority of the Commission.\n (2) Sense of congress.--It is the sense of the Congress \n that members of the Commission should, in order to carry out \n the functions of the Commission most effectively, travel to \n countries that receive United States development assistance. \n The Commission is encouraged to invite Members of Congress to \n accompany members of the Commission on such travel.\n (f) Staff and Services of Other Federal Agencies.--Upon the request \nof the Commission, the head of any Federal department or agency may \ndetail, on a reimbursable or nonreimbursable basis, any of the \npersonnel of that department or agency to the Commission to assist it \nin carrying out its functions under this Act. The detail of any such \npersonnel shall be without interruption or loss of civil service or \nForeign Service status or privilege.\n\nSEC. 6. REPORT OF THE COMMISSION.\n\n (a) In General.--Not later than 2 years after the members of the \nCommission are appointed under section 4(a), the Commission shall \nsubmit a report to the President, the Secretary of State, and the \nCongress setting forth its findings and recommendations under section \n3(b).\n (b) Classified Form of Report.--The report may be submitted in \nclassified form, together with a public summary of recommendations, if \nthe classification of information would further the purposes of this \nAct.\n (c) Individual or Dissenting Views.--Each member of the Commission \nmay include the individual or dissenting views of the member.\n\nSEC. 7. APPLICABILITY OF OTHER LAWS.\n\n The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply \nto the Commission.\n\nSEC. 8. DEFINITION.\n\n In this Act, the term ``United States development assistance'' \nmeans--\n (1) assistance provided by the United States under chapters \n 1, 10, 11, and 12 of part I of the Foreign Assistance Act of \n 1961; and\n (2) assistance provided under any other provision of law to \n carry out purposes comparable to those set forth in the \n provisions referred to in paragraph (1).\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to the \nCommission such sums as may be necessary to carry out this Act.\n (b) Availability of Funds.--Amounts authorized to be appropriated \nunder subsection (a) are authorized to remain available until expended, \nbut not later than the date of termination of the Commission.\n\nSEC. 10. TERMINATION.\n\n The Commission shall terminate 30 days after the submission of its \nreport under section 6.","summary":"HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of US development assistance, (2) evaluate cases in which assistance has been successful. (3) study ways of expanding educational opportunities and investments in people, coordinating US assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting US assistance to the least developed countries, (4) assess infrastructure needs, (5) study whether additional resources are needed for tangible results. (6) compare the effectiveness of increased and open trade with development assistance. (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries, (8) recommend standards for graduating recipient countries from US assistance. (9) analyze whether assistance should be used to achieve foreign policy objectives. And (10) analyze how to evaluate the performance of the US assistance programs, including in democratization efforts.","title":"To establish a commission to improve United States development assistance and food aid around the globe.","text_len":13839,"sum_len":1341} {"bill_id":"110_hr2953","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Broadband Access Enhancement \nAct''.\n\nSEC. 2. DEFINITION OF ELIGIBLE RURAL COMMUNITY.\n\n Section 601(b)(2) of the Rural Electrification Act of 1936 (7 \nU.S.C. 950bb(b)(2)) is amended to read as follows:\n ``(2) Eligible rural community.--The term `eligible rural \n community' means any area of the United States--\n ``(A) which is not included within the boundaries \n of any city, town, borough, or village, whether \n incorporated or unincorporated, with a population of \n more than 20,000 inhabitants;\n ``(B) which is not in the urbanized area contiguous \n and adjacent to such a city, town, borough, or village; \n and\n ``(C) the average median household income of which \n is not more than 80 percent of the national average \n median household income.''.\n\nSEC. 3. IMPROVEMENTS TO APPLICATION PROCESS.\n\n (a) Equity Requirements.--Section 601(c) of the Rural \nElectrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at \nthe end the following:\n ``(3) Equity requirements.--The Secretary shall not approve \n an application submitted pursuant to this section to serve--\n ``(A) an area in which at least 40 percent of the \n population does not have access to broadband service, \n unless the value of the assets of the applicant not \n pledged or hypothecated for any other purpose equals at \n least 10 percent of the principal amount of the loan \n which is the subject of the application; or\n ``(B) any other area, unless value of the assets \n referred to in subparagraph (A) equals at least 15 \n percent of the principal amount of the loan \n involved.''.\n (b) Reduction in Application Paperwork.--Section 601(c) of such Act \n(7 U.S.C. 950bb(c)), as amended by subsection (a) of this section, is \namended by adding at the end the following:\n ``(4) Paperwork reduction.--The Secretary shall take such \n steps as are necessary to reduce the paperwork required of \n applicants under this section.''.\n (c) Outreach.--Section 601 of such Act (7 U.S.C. 950bb) is amended \nby redesignating subsections (i) through (k) as subsection (j) through \n(l), respectively, and inserting after subsection (h) the following:\n ``(i) Outreach.--The Secretary shall conduct outreach designed to \ninform the population of areas in which there is no or limited \nbroadband service of the program carried out under this section.''.\n\nSEC. 4. BAN ON LOAN OR LOAN GUARANTEE FOR NEW BROADBAND SERVICE IN \n COMMUNITY WITH SEVERAL SERVICE PROVIDERS.\n\n Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. \n950bb(c)), as amended by section 3 of this Act, is amended by adding at \nthe end the following:\n ``(5) Ban on loan or loan guarantee for new broadband \n service in community with 3 or more service providers.--The \n Secreary shall not approve an application for a loan or loan \n guarantee under this section for the provision of new broadband \n service to an eligible rural community in which the service is \n provided by 3 or more entities.''.\n\nSEC. 5. ELIMINATION OF LIMITATION ON ELIGIBILITY BASED ON NUMBER OF \n SUBSCRIBER LINES.\n\n (a) In General.--Section 601(d) of the Rural Electrification Act of \n1936 (7 U.S.C. 950bb(d)) is amended by striking paragraph (3).\n (b) Limitations on Amounts Made Available for Entities With Various \nShares of Installed Telephone Suscriber Lines.--Section 601(k) of such \nAct (7 U.S.C. 950bb(k)), as so redesignated by section 3(c) of this \nAct, is amended by adding at the end the following:\n ``(5) Limitations on amounts made available for entities \n with various shares of installed telephone suscriber lines.--\n ``(A) Not more than 10 percent of the amounts made \n available for each fiscal year under this subsection \n may be used to provide loans or loan guarantees to \n entities with more than 10 percent of the telephone \n subscriber lines installed in the aggregate in the \n United States.\n ``(B) Not more than 40 percent of the amounts made \n available for each fiscal year under this subsection \n may be used to provide loans or loan guarantees to \n entities with not less than 2 percent and not more than \n 10 percent of the telephone subscriber lines installed \n in the aggregate in the United States.''.\n\nSEC. 6. LIMITATION ON TERM OF LOANS AND LOAN GUARANTEES.\n\n Section 601(g)(2) of the Rural Electrification Act of 1936 (7 \nU.S.C. 950bb(g)(2)) is amended by striking ``the useful life of the \nassets constructed, improved, or acquired with the proceeds of the loan \nor extension of credit'' and inserting ``35 years''.\n\nSEC. 7. REPORTING REQUIREMENTS.\n\n Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. \n950bb), as amended by section 3(c) of this Act, is amended by \nredesignating subsections (k) and (l) as subsection (l) and (m), \nrespectively, and inserting after subsection (j) the following:\n ``(k) Annual Reports.--Not later than October 1 of each year, the \nSecretary shall submit to the Committee on Agriculture of the House of \nRepresentatives and the Committee on Agriculture, Nutrition, and \nForestry of the Senate a report on the status of the program under this \nsection, which shall include, with respect to the period covered by the \nreport--\n ``(1) the number of applications submitted pursuant to this \n section;\n ``(2) the number of the applications that were approved;\n ``(3) the identity of the communities served by the \n applicants with approved applications;\n ``(4) the type of services offered by applicants for, and \n recipients of, loans or loan guarantees under this section;\n ``(5) the speed of the broadband service offered by the \n applicants and recipients;\n ``(6) how long it took to respond to the applicants; and\n ``(7) the outreach efforts conducted by the Secretary under \n subsection (i).''.","summary":"Rural Broadband Access Enhancement Act - Amends the Rural Electrification Act of 1936 to redefine eligible rural community. Permits a loan or loan guarantee applicant in an area where 40 of the residents are without broadband access to qualify with a 10 loan equity position. Provides for: (1) paperwork reduction. And (2) program outreach to underserved areas. Prohibits loan or loan guarantees for new broadband service in communities with three or more service providers. Provides that for each fiscal year: (1) not more than 10 of program funds shall be available to providers with more than 10 of national subscriber lines. And (2) 40 of program funds shall be available to providers with between 2-10 of national subscriber lines. Revises the amortization period from the life of the asset to 35 years. Requires an annual broadband program report to Congress.","title":"To amend the Rural Electrification Act of 1936 to improve the application process for the rural broadband program of the Department of Agriculture.","text_len":6558,"sum_len":865} {"bill_id":"109_hr6061","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Secure Fence Act of 2006''.\nSEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.\n (a) In General.--Not later than 18 months after the date of the \nenactment of this Act, the Secretary of Homeland Security shall take \nall actions the Secretary determines necessary and appropriate to \nachieve and maintain operational control over the entire international \nland and maritime borders of the United States, to include the \nfollowing--\n (1) systematic surveillance of the international land and \n maritime borders of the United States through more effective use of \n personnel and technology, such as unmanned aerial vehicles, ground-\n based sensors, satellites, radar coverage, and cameras; and\n (2) physical infrastructure enhancements to prevent unlawful \n entry by aliens into the United States and facilitate access to the \n international land and maritime borders by United States Customs \n and Border Protection, such as additional checkpoints, all weather \n access roads, and vehicle barriers.\n (b) Operational Control Defined.--In this section, the term \n``operational control'' means the prevention of all unlawful entries \ninto the United States, including entries by terrorists, other unlawful \naliens, instruments of terrorism, narcotics, and other contraband.\n (c) Report.--Not later than one year after the date of the \nenactment of this Act and annually thereafter, the Secretary shall \nsubmit to Congress a report on the progress made toward achieving and \nmaintaining operational control over the entire international land and \nmaritime borders of the United States in accordance with this section.\nSEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER \nAREA FROM PACIFIC OCEAN TO GULF OF MEXICO.\n Section 102(b) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is \namended--\n (1) in the subsection heading by striking ``Near San Diego, \n California''; and\n (2) by amending paragraph (1) to read as follows:\n ``(1) Security features.--\n ``(A) Reinforced fencing.--In carrying out subsection (a), \n the Secretary of Homeland Security shall provide for least 2 \n layers of reinforced fencing, the installation of additional \n physical barriers, roads, lighting, cameras, and sensors--\n ``(i) extending from 10 miles west of the Tecate, \n California, port of entry to 10 miles east of the Tecate, \n California, port of entry;\n ``(ii) extending from 10 miles west of the Calexico, \n California, port of entry to 5 miles east of the Douglas, \n Arizona, port of entry;\n ``(iii) extending from 5 miles west of the Columbus, \n New Mexico, port of entry to 10 miles east of El Paso, \n Texas;\n ``(iv) extending from 5 miles northwest of the Del Rio, \n Texas, port of entry to 5 miles southeast of the Eagle \n Pass, Texas, port of entry; and\n ``(v) extending 15 miles northwest of the Laredo, \n Texas, port of entry to the Brownsville, Texas, port of \n entry.\n ``(B) Priority areas.--With respect to the border \n described--\n ``(i) in subparagraph (A)(ii), the Secretary shall \n ensure that an interlocking surveillance camera system is \n installed along such area by May 30, 2007, and that fence \n construction is completed by May 30, 2008; and\n ``(ii) in subparagraph (A)(v), the Secretary shall \n ensure that fence construction from 15 miles northwest of \n the Laredo, Texas, port of entry to 15 southeast of the \n Laredo, Texas, port of entry is completed by December 31, \n 2008.\n ``(C) Exception.--If the topography of a specific area has \n an elevation grade that exceeds 10 percent, the Secretary may \n use other means to secure such area, including the use of \n surveillance and barrier tools.''.\nSEC. 4. NORTHERN BORDER STUDY.\n (a) In General.--The Secretary of Homeland Security shall conduct a \nstudy on the feasibility of a state of-the-art infrastructure security \nsystem along the northern international land and maritime border of the \nUnited States and shall include in the study--\n (1) the necessity of implementing such a system;\n (2) the feasibility of implementing such a system; and\n (3) the economic impact implementing such a system will have \n along the northern border.\n (b) Report.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Homeland Security shall submit \nto the Committee on Homeland Security of the House of Representatives \nand the Committee on Homeland Security and Governmental Affairs of the \nSenate a report that contains the results of the study conducted under \nsubsection (a).\nSEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP \nCERTAIN FLEEING VEHICLES.\n (a) Evaluation.--Not later than 30 days after the date of the \nenactment of this Act, the Secretary of Homeland Security shall--\n (1) evaluate the authority of personnel of United States \n Customs and Border Protection to stop vehicles that enter the \n United States illegally and refuse to stop when ordered to do so by \n such personnel, compare such Customs authority with the authority \n of the Coast Guard to stop vessels under section 637 of title 14, \n United States Code, and make an assessment as to whether such \n Customs authority should be expanded;\n (2) review the equipment and technology available to United \n States Customs and Border Protection personnel to stop vehicles \n described in paragraph (1) and make an assessment as to whether or \n not better equipment or technology is available or should be \n developed; and\n (3) evaluate the training provided to United States Customs and \n Border Protection personnel to stop vehicles described in paragraph \n (1).\n (b) Report.--Not later than 60 days after the date of the enactment \nof this Act, the Secretary of Homeland Security shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Homeland Security and Governmental Affairs of the Senate a \nreport that contains the results of the evaluation conducted under \nsubsection (a).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Secure Fence Act of 2006 - Directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over US international land and maritime borders, including: (1) systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras. And (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by US Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. Defines operational control as the prevention of all unlawful US entries, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Directs the Secretary to report annually to Congress on border control progress. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending: (1) from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry. (2) from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry. (3) from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas. (4) from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry. And (5) 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry . States that if an area has an elevation grade exceeding 10 the Secretary may use other means to secure such area, including surveillance and barrier tools. Directs the Secretary to: (1) study and report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs on the necessity, feasibility, and economic impact of constructing a state-of-the-art infrastructure security system along the US northern international land and maritime border. And (2) evaluate and report to such Committees on US Customs and Border Protection authority to stop fleeing vehicles that enter the United States illegally, including related training, technology, and equipment reviews.","title":"To establish operational control over the international land and maritime borders of the United States.","text_len":6801,"sum_len":2478} {"bill_id":"112_hr2826","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Combat Veterans Back to Work Act of \n2011''.\n\nSEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING COMBAT VETERANS.\n\n (a) In General.--Section 3111 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(e) Special Exemption for Certain Individuals Hired in 2011 and \n2012.--\n ``(1) In general.--Subsection (a) shall not apply to wages \n paid by a qualified employer with respect to employment during \n the period beginning on the day after the date of the enactment \n of this subsection and ending on December 31, 2012, of any \n qualified individual for services performed--\n ``(A) in a trade or business of such qualified \n employer, or\n ``(B) in the case of a qualified employer exempt \n from tax under section 501(a), in furtherance of the \n activities related to the purpose or function \n constituting the basis of the employer's exemption \n under section 501.\n ``(2) Qualified employer.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified employer' \n means any employer other than the United States, any \n State, or any political subdivision thereof, or any \n instrumentality of the foregoing.\n ``(B) Treatment of employees of post-secondary \n educational institutions.--Notwithstanding subparagraph \n (A), the term `qualified employer' includes any \n employer which is a public institution of higher \n education (as defined in section 101(b) of the Higher \n Education Act of 1965).\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after June 30, 2011, and before January 1, 2013,\n ``(B) is a current member of the National Guard or \n other reserve component of the Armed Forces or a \n veteran (as defined in section 101 of title 38, United \n States Code),\n ``(C) within 18 months before beginning such \n employment, returned from a deployment of at least 180 \n days in support of a contingency operation (as defined \n in section 101 of title 10, United States Code) or \n under section 502(f) of title 32, United States Code,\n ``(D) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(E) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (b) Coordination With Work Opportunity Credit.--Section 51(c) of \nsuch Code is amended by adding at the end the following new paragraph:\n ``(6) Coordination with payroll tax forgiveness.--The term \n `wages' shall not include any amount paid or incurred to a \n qualified individual (as defined in section 3111(e)(3)) during \n the 1-year period beginning on the hiring date of such \n individual by a qualified employer (as defined in section \n 3111(e)) unless such qualified employer makes an election not \n to have section 3111(e) apply.''.\n (c) Transfers to Federal Old-Age and Survivors Insurance Trust \nFund.--There are hereby appropriated to the Federal Old-Age and \nSurvivors Trust Fund and the Federal Disability Insurance Trust Fund \nestablished under section 201 of the Social Security Act (42 U.S.C. \n401) amounts equal to the reduction in revenues to the Treasury by \nreason of the amendments made by subsection (a). Amounts appropriated \nby the preceding sentence shall be transferred from the general fund at \nsuch times and in such manner as to replicate to the extent possible \nthe transfers which would have occurred to such Trust Fund had such \namendments not been enacted.\n (d) Application to Railroad Retirement Taxes.--\n (1) In general.--Section 3221 of the Internal Revenue Code \n of 1986 is amended by redesignating subsection (d) as \n subsection (e) and by inserting after subsection (c) the \n following new subsection:\n ``(d) Special Rate for Certain Individuals Hired in 2011 and \n2012.--\n ``(1) In general.--In the case of compensation paid by a \n qualified employer during the period beginning on the day after \n the date of the enactment of this subsection and ending on \n December 31, 2012, with respect to having a qualified \n individual in the employer's employ for services rendered to \n such qualified employer, the applicable percentage under \n subsection (a) shall be equal to the rate of tax in effect \n under section 3111(b) for the calendar year.\n ``(2) Qualified employer.--The term `qualified employer' \n means any employer other than the United States, any State, or \n any political subdivision thereof, or any instrumentality of \n the foregoing.\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after June 30, 2011, and before January 1, 2013,\n ``(B) is a current member of the National Guard or \n other reserve component of the Armed Forces or a \n veteran (as defined in section 101 of title 38, United \n States Code),\n ``(C) within 18 months before beginning such \n employment, returned from a deployment of at least 180 \n days in support of a contingency operation (as defined \n in section 101 of title 10, United States Code) or \n under section 502(f) of title 32, United States Code,\n ``(D) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(E) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (2) Transfers to social security equivalent benefit \n account.--There are hereby appropriated to the Social Security \n Equivalent Benefit Account established under section 15A(a) of \n the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) \n amounts equal to the reduction in revenues to the Treasury by \n reason of the amendments made by paragraph (1). Amounts \n appropriated by the preceding sentence shall be transferred \n from the general fund at such times and in such manner as to \n replicate to the extent possible the transfers which would have \n occurred to such Account had such amendments not been enacted.\n (e) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to wages paid after the date of the enactment of this \n Act.\n (2) Railroad retirement taxes.--The amendments made by \n subsection (d) shall apply to compensation paid after the date \n of the enactment of this Act.\n\nSEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED VETERANS.\n\n (a) In General.--In the case of any taxable year ending after the \ndate of the enactment of this Act, the current year business credit \ndetermined under section 38(b) of the Internal Revenue Code of 1986 for \nsuch taxable year shall be increased by an amount equal to the product \nof--\n (1) $1,000, and\n (2) the number of retained workers with respect to which \n subsection (b)(2) is first satisfied during such taxable year.\n (b) Retained Worker.--For purposes of this section, the term \n``retained worker'' means any qualified individual (as defined in \nsection 3111(e)(3) of the Internal Revenue Code of 1986)--\n (1) who was employed by the taxpayer on any date during the \n taxable year,\n (2) who was so employed by the taxpayer for a period of not \n less than 52 consecutive weeks, and\n (3) whose wages for such employment during the last 26 \n weeks of such period equaled at least 80 percent of such wages \n for the first 26 weeks of such period.\n (c) Limitation on Carrybacks.--No portion of the unused business \ncredit under section 38 of the Internal Revenue Code of 1986 for any \ntaxable year which is attributable to the increase in the current year \nbusiness credit under this section may be carried to a taxable year \nbeginning before the date of the enactment of this section.\n (d) Treatment of Possessions.--\n (1) Payments to possessions.--\n (A) Mirror code possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States with a mirror code tax system amounts equal to \n the loss to that possession by reason of the \n application of this section (other than this \n subsection). Such amounts shall be determined by the \n Secretary of the Treasury based on information provided \n by the government of the respective possession.\n (B) Other possessions.--The Secretary of the \n Treasury shall pay to each possession of the United \n States which does not have a mirror code tax system \n amounts estimated by the Secretary of the Treasury as \n being equal to the aggregate benefits that would have \n been provided to residents of such possession by reason \n of the application of this section (other than this \n subsection) if a mirror code tax system had been in \n effect in such possession. The preceding sentence shall \n not apply with respect to any possession of the United \n States unless such possession has a plan, which has \n been approved by the Secretary of the Treasury, under \n which such possession will promptly distribute such \n payments to the residents of such possession.\n (2) Coordination with credit allowed against united states \n income taxes.--No increase in the credit determined under \n section 38(b) of the Internal Revenue Code of 1986 against \n United States income taxes for any taxable year determined \n under subsection (a) shall be taken into account with respect \n to any person--\n (A) to whom a credit is allowed against taxes \n imposed by the possession by reason of this section for \n such taxable year, or\n (B) who is eligible for a payment under a plan \n described in paragraph (1)(B) with respect to such \n taxable year.\n (3) Definitions and special rules.--\n (A) Possession of the united states.--For purposes \n of this subsection, the term ``possession of the United \n States'' includes the Commonwealth of Puerto Rico and \n the Commonwealth of the Northern Mariana Islands.\n (B) Mirror code tax system.--For purposes of this \n subsection, the term ``mirror code tax system'' means, \n with respect to any possession of the United States, \n the income tax system of such possession if the income \n tax liability of the residents of such possession under \n such system is determined by reference to the income \n tax laws of the United States as if such possession \n were the United States.\n (C) Treatment of payments.--For purposes of section \n 1324(b)(2) of title 31, United States Code, rules \n similar to the rules of section 1001(b)(3)(C) of the \n American Recovery and Reinvestment Tax Act of 2009 \n shall apply.","summary":"Combat Veterans Back to Work Act of 2011 - Amends the Internal Revenue Code to: (1) allow nongovernmental employers an exemption from, or reduction in, employment taxes for the period beginning after the enactment of this Act and ending on December 31, 2012, for wages paid to a qualified individual. And (2) allow an employer a business tax credit for each such worker retained by such employer who has been employed for not less than 52 consecutive weeks at a specified wage level. Defines a qualified individual as any individual who: (1) begins employment after June 30, 2011, and before January 1, 2013. (2) is a current member of the National Guard or a reserve component. (3) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation. And (4) has not been hired to replace another employee unless such other employee separated from employment voluntarily or for cause.","title":"To amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to service members and veterans, and to provide a business credit for the retention of such individuals for at least 1 year.","text_len":13236,"sum_len":954} {"bill_id":"113_s2230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Investing in Student Success Act of \n2014''.\n\n TITLE I--AUTHORIZATION OF INCOME SHARE AGREEMENTS\n\nSEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.\n\n (a) Purpose.--It is the purpose of this title to authorize \nindividuals to enter into income share agreements for the purposes of \nobtaining funds in exchange for agreeing to pay to the holder of the \ncontract a specified percentage of the individual's future income.\n (b) Lawfulness of Contracts; Preemption.--Any income share \nagreement that complies with the requirements of section 102 shall be a \nvalid, binding, and enforceable contract notwithstanding any State law \nlimiting or otherwise regulating assignments of future wages or other \nincome.\n\nSEC. 102. TERMS AND CONDITIONS OF INCOME SHARE AGREEMENT CONTRACTS.\n\n (a) Definition of Income Share Agreement.--For purposes of this \ntitle, the term ``income share agreement'' means an agreement between \nan individual and any other person under which the individual commits \nto pay a specified percentage of the individual's future income, for a \nspecified period of time, in exchange for payments to or on behalf of \nsuch individual for postsecondary education, workforce development, or \nother purposes.\n (b) Terms and Conditions of Agreements.--An income share agreement \ncomplies with the requirements of this section if the contract complies \nwith each of the following conditions:\n (1) Specified percentage of income.--An income share \n agreement shall specify the percentage of future income which \n the individual will be obligated to pay, except that the \n contract shall exempt, at a minimum, the first $10,000 \n (adjusted each year to reflect changes in the Consumer Price \n Index for All Urban Consumers published by the Bureau of Labor \n Statistics of the Department of Labor for the most recent 12-\n month period for which such data are available) of an \n individual's income when determining the individual's \n obligation for a given year.\n (2) Definition of income.--An income share agreement shall \n specify the definition of income to be used for purposes of \n calculating an individual's obligation under the contract.\n (3) Aggregate limitation on obligation.--No eligible \n individual may enter into any income share agreement if the \n total percentage of such individual's future income that the \n individual agrees to pay under that contract, and any other \n income share agreements of such individual, exceeds 15 percent \n of such future income.\n (4) Specified duration; extension of period.--An income \n share agreement shall specify the maximum period of time during \n which the individual will be obligated to pay a portion of the \n individual's future income, except that--\n (A) except as provided in subparagraph (B), such \n period may not exceed 360 months; and\n (B) such contract may provide that such period may \n be extended by the number of years during which the \n individual's income is below the exemption amount \n specified in the agreement under paragraph (1).\n (5) Early termination.--An income share agreement shall \n specify the terms and conditions by which the individual may \n extinguish the individual's obligations under the contract \n before the end of the payment period specified in the \n agreement, based on the remaining term of such period.\n (c) Required Disclosures.--An income share agreement does not \ncomply with the requirements of this section unless the individual who \nis committing to pay future income is provided, before entry into such \nagreement, a disclosure document that clearly and simply discloses \nthat--\n (1) the agreement is not a debt instrument, and that the \n amount the individual will be required to pay under the \n agreement--\n (A) may be more or less than the amount provided to \n the individual; and\n (B) will vary in proportion to the individual's \n future income;\n (2) the obligations of the individual under the agreement \n are not dischargeable under bankruptcy law;\n (3) whether the obligations of the individual under the \n agreement may be extinguished by accelerating payments, and, if \n so, under what terms;\n (4) the duration of the individual's obligations under the \n agreement (absent such accelerating payments), including any \n circumstances under which the contract would be extended;\n (5) the percentage of income the individual is committing \n to pay and the amount of income that is exempt from the \n calculation of the individual's obligation; and\n (6) the definition of income to be used for purposes of \n calculating the individual's obligation.\n (d) Noninterference.--An income share agreement shall not be \nconstrued to give the contract holder any rights over an individual's \nactions--it simply represents an obligation by the individual to pay \nthe specific percentage of future income.\n\nSEC. 103. DEFINITIONS.\n\n As used in this title:\n (1) State.--The term ``State'' includes, in addition to the \n several States of the Union, the Commonwealth of Puerto Rico, \n the District of Columbia, Guam, American Samoa, the Virgin \n Islands, the government of the Northern Mariana Islands, and \n the Trust Territory of the Pacific Islands.\n (2) State law.--The term ``State law'' means any law, \n decision, rule, regulation, or other action having the effect \n of a law of any State or any political subdivision of a State, \n or any agency or instrumentality of a State or political \n subdivision of a State, except that a law of the United States \n applicable only to the District of Columbia shall be treated as \n a State law (rather than a law of the United States).\n\nSEC. 104. PREEMPTION OF STATE LAW WITH RESPECT TO USURY.\n\n Income share agreements shall not be subject to State usury laws.\n\n TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS\n\nSEC. 201. TAX TREATMENT OF INCOME SHARE AGREEMENTS.\n\n (a) Exclusion From Gross Income of Income Share Agreement \nProceeds.--Payments made under an income share agreement to or on \nbehalf of the individual who commits to pay a specified percentage of \nsuch individual's future income to another person under such agreement \nshall not be includible in the gross income of such individual for \npurposes of the Internal Revenue Code of 1986.\n (b) Treatment of Payments of Future Income.--Payments of future \nincome received by another person under an income share agreement shall \nbe treated for purposes of the Internal Revenue Code of 1986--\n (1) first, with respect to so much of such payments as does \n not exceed the amount of the payments to which subsection (a) \n applies with respect to such agreement, as a repayment of \n investment in the contract which reduces the holder's basis in \n such agreement, and\n (2) second, as interest which is includible in gross \n income.\n (c) Income Share Agreement.--For purposes of this title, the term \n``income share agreement'' has the meaning given such term under title \nI.\n\n TITLE III--QUALIFIED EDUCATION LOAN\n\nSEC. 301. QUALIFIED EDUCATION LOAN.\n\n (a) In General.--Paragraph (1) of section 221(d) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following: \n``Such term includes any income share agreement (as defined in section \n102 of the Investing in Student Success Act of 2014), except that \npayments made by the taxpayer during the taxable year to meet an income \nshare agreement obligation shall not be taken into account under \nsubsection (a)''.\n (b) Information Reporting Not Required.--Subsection (e) of section \n6050S of such Code is amended by inserting ``(without regard to the \nlast sentence thereof)'' after ``section 221(d)(1)''.\n\n TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME SHARE \n AGREEMENTS\n\nSEC. 401. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF \n FINANCIAL NEED UNDER THE HIGHER EDUCATION ACT OF 1965.\n\n No portion of any amounts received by an individual for entering \ninto an income share agreement (as such term is defined in title I) \nshall be included as income or assets in the computation of expected \nfamily contribution for any program funded in whole or in part under \nthe Higher Education Act of 1965.\n\n TITLE V--INVESTMENT COMPANY TREATMENT\n\nSEC. 501. BUSINESSES MAKING INCOME SHARE AGREEMENTS EXCLUDED FROM \n INVESTMENT COMPANY TREATMENT.\n\n Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-\n3(c)) is amended--\n (1) in paragraph (4), by inserting after ``industrial \n banking,'' the following: ``income share agreements (as defined \n under section 102 of the Investing in Student Success Act of \n 2014),''; and\n (2) in paragraph (5), by inserting ``, including income \n share agreements'' after ``services'' each place such term \n appears.","summary":"Investing in Student Success Act of 2014 - Declares that income share agreements that meet this Act's requirements are valid, binding, and enforceable contracts that are not subject to state usury laws or state laws regulating assignments of future income. Defines an quot, income share agreementquot. As an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. Requires such an agreement to: specify the percentage of future income the individual will be obligated to pay, but it must exempt, at a minimum, the first $10,000 of income each year, specify what will be considered the individual's income. Prevent the individual from obligating more than 15 of the individual's future income toward such agreement. Specify the maximum period that an individual will be obligated to make payments, not to exceed 360 months. And specify the terms and conditions for early termination of an individual's payment period. Requires individuals, before entering into such an agreement, to be provided with a document that clearly and simply discloses: (1) the terms of the agreement, (2) that the agreement is not a debt instrument, (3) that such individual may be required to pay more or less than the amount received, and (4) that an individual's obligations under the agreement are not dischargeable in bankruptcy. Prohibits such agreements from being construed as giving the contract holder any rights over an individual's actions. Excludes payments that are made under an income share agreement from the individual's gross income for tax purposes. Amends the Internal Revenue Code to include income share agreements as qualified education loans, but denies the deduction for interest paid on such loans. Prohibits amounts individuals receive for entering into an income share agreement from being included as income or assets in the computation of the expected family contribution for any program funded under the Higher Education Act of 1965. Amends the Investment Company Act of 1940 to exclude any person from being treated as an investment company if substantially all of that person's business is confined to making income share agreements.","title":"Investing in Student Success Act of 2014","text_len":9607,"sum_len":2403} {"bill_id":"109_hr4935","text":"SECTION 1. SHORT TITLE AND PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Rocky Mountain \nNational Park Wilderness and Indian Peaks Wilderness Expansion Act''.\n (b) Purpose.--The purpose of this Act is to include in the National \nWilderness Preservation System certain lands within the Rocky Mountain \nNational Park, Colorado, in order to protect the enduring scenic and \nhistoric wilderness character and unique wildlife values of the lands \nas well as the scientific, educational, inspirational, and recreational \nresources, values, and opportunities of the lands; and to adjust the \nboundaries of the Indian Peaks Wilderness and the Arapaho National \nRecreation Area on the Arapaho National Forest in Colorado.\n\nSEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.\n\n (a) Designation.--In furtherance of the purposes of the Wilderness \nAct (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain \nNational Park, Colorado, which comprise approximately 249,339 acres, as \ngenerally depicted on the map titled ``Rocky Mountain National Park, \nColorado Wilderness Boundaries'' and dated February 2006, are hereby \ndesignated as wilderness and, therefore, as a component of the National \nWilderness Preservation System. The designated lands shall be known as \nthe Rocky Mountain National Park Wilderness.\n (b) Map and Description.--\n (1) Preparation and submission.--As soon as practicable \n after the date of the enactment of this Act, the Secretary of \n the Interior shall prepare a map and a boundary description of \n the Rocky Mountain National Park Wilderness designated by \n subsection (a) and file the map and boundary description with \n the Committee on Resources of the House of Representatives and \n the Committee on Energy and Natural Resources of the Senate. \n The map and boundary description shall be on file and available \n for public inspection in the office of the Director of the \n National Park Service, Department of the Interior.\n (2) Treatment.--The map and boundary description prepared \n under paragraph (1) shall have the same force and effect as if \n included in this Act. The Secretary of the Interior may correct \n clerical and typographical errors in the map and description.\n (c) Potential Wilderness Lands.--\n (1) Definition.--In this section, the term ``potential \n wilderness lands'' means--\n (A) lands identified as potential wilderness on the \n map referred to in subsection (a); and\n (B) lands and interests therein acquired by the \n United States on or after the date of the enactment of \n this Act that are located within the boundaries of the \n Rocky Mountain National Park and are contiguous with \n lands designated as wilderness by this Act.\n (2) Inclusion in wilderness.--Upon publication in the \n Federal Register of a notice by the Secretary of the Interior \n that all uses of a parcel of potential wilderness lands \n inconsistent with the Wilderness Act have ceased, the parcel \n shall be included in the Rocky Mountain National Park \n Wilderness designated by subsection (a) and managed as provided \n in section 3. The Secretary of the Interior shall modify the \n map and boundary description prepared under subsection (b) to \n reflect the inclusion of the parcel in the Rocky Mountain \n National Park Wilderness.\n (d) Exclusion of Certain Lands.--The boundaries of the Rocky \nMountain National Park Wilderness and the potential wilderness lands \nspecifically exclude the following:\n (1) The Grand Ditch (including both the main canal of the \n Grand Ditch and a branch thereof known as the specimen Ditch) \n and its right-of-way as well as associated appurtenances, \n structures, buildings, camps, and worksites in existence as of \n June 1, 1998.\n (2) Lands owned by the St. Vrain & Left Hand Water \n Conservancy District, including Copeland Reservoir and the \n Inlet Ditch to such reservoir from the North St. Vrain Creek, \n amounting to approximately 35.38 acres.\n (3) Lands owned by the Wincentsen-Harms Trust, amounting to \n approximately 2.75 acres.\n (4) Lands within the area depicted as ``East Shore Trail \n Area'' on the map described in subsection (b).\n (e) East Shore Trail Area.--\n (1) Alignment line and trail.--\n (A) Not later than one year after the date of the \n enactment of this Act, the Secretary shall establish an \n alignment line for a trail, to be known as the East \n Shore Trail, located within the East Shore Trail Area, \n to maximize the opportunity for sustained use of the \n trail without harm to affected resources or conflicts \n among users. After establishing the alignment line, the \n Secretary shall identify the boundaries of the trail, \n but the trail shall not extend more than 25 feet east \n of the alignment line or be located within the Rocky \n Mountain National Park Wilderness.\n (B) Nothing in this Act shall be construed to \n require the construction of a trail along the alignment \n line established pursuant to this paragraph or to limit \n the extent to which any otherwise applicable laws or \n policies shall apply with respect to any decision \n regarding construction of such a trail.\n (2) Map adjustment.--After establishing the alignment line \n of the East Shore Trail, the Secretary shall adjust the map of \n the wilderness area designated by subsection (a) so that the \n western boundary of the wilderness is 50 feet east of the \n alignment line.\n (3) Other adjustments.--To the extent necessary to protect \n National Park resources, the Secretary from time to time may \n adjust the boundaries of the East Shore Trail, but no \n adjustment shall have the effect of placing any portion of such \n trail within the boundary of the wilderness area.\n (4) Time limitation for authorization of use by \n nonmotorized bicycles.--If the East Shore Trail has not been \n constructed and authorized for use by nonmotorized bicycles on \n or before the date that is 25 years after the date of the \n enactment of this Act, the East Shore Trail Area shall be \n included in the Rocky Mountain National Park Wilderness \n designated by subsection (a) and managed as provided in section \n 3, and the Secretary shall modify the map and boundary \n description of such wilderness area to reflect the inclusion of \n such lands in wilderness.\n (f) Relation to Lands Outside Wilderness.--\n (1) Use of lands.--Except as provided in this subsection, \n nothing in this Act shall affect the management or use of any \n lands not included within the boundaries of the Rocky Mountain \n National Park Wilderness or the potential wilderness lands.\n (2) Use of motorized vehicles.--Until the date that is 25 \n years after the date of the enactment of this Act, no use of \n motorized vehicles or other motorized machinery not permitted \n on March 1, 2006, shall be allowed in the East Shore Trail \n Area, except as may be necessary for constructing or \n maintaining the East Shore Trail, if such construction is \n authorized by the Secretary.\n (3) Management of pending wilderness.--Pending their \n inclusion in wilderness pursuant to subsection (c)(2), the \n potential wilderness lands shall be managed to protect any \n wilderness characteristics and to maintain their suitability \n for inclusion in wilderness.\n\nSEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.\n\n (a) Management Generally.--Subject to valid existing rights, lands \ndesignated as wilderness by section 2(a) or subsequently included in \nthe Rocky Mountain National Park Wilderness by section 2(c) shall be \nmanaged by the Secretary of the Interior in accordance with the \nWilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to \nthe lands designated as wilderness by section 2(a), any reference in \nthe Wilderness Act to the effective date of the Wilderness Act shall be \ndeemed to be a reference to the date of the enactment of this Act. With \nrespect to the lands subsequently included in the Rocky Mountain \nNational Park Wilderness by section 2(c), any reference in the \nWilderness Act to the effective date of the Wilderness Act shall be \ndeemed to be a reference to the date on which the lands were included \nin the wilderness area.\n (b) Water Rights.--\n (1) Findings.--Congress finds the following:\n (A) According to decisions of the courts of the \n State of Colorado, the United States has existing \n rights to water within the Rocky Mountain National \n Park.\n (B) Those rights are sufficient for the purposes of \n the Rocky Mountain National Park Wilderness as \n designated by section 2.\n (C) In light of the findings in subparagraphs (A) \n and (B), there is no need for this Act to effect a \n reservation by the United States of any additional \n water rights to fulfill the purposes for which the \n Rocky Mountain National Park Wilderness is designated.\n (2) No reservation.--Nothing in this Act or any action \n taken pursuant to this Act shall constitute either an express \n or implied reservation of water or water rights for any \n purpose.\n (c) Colorado-Big Thompson Project.--\n (1) Current activities.--Activities on, under, or affecting \n the lands designated as wilderness by section 2 relating to the \n monitoring, operation, maintenance, repair, replacement, and \n use of the Colorado-Big Thompson Project and its facilities \n which were allowed as of June 1, 1998, shall be allowed to \n continue and shall not be affected by the designation of the \n lands as wilderness.\n (2) New activities.--In addition to the activities \n described in paragraph (1), any other activities on, under, or \n affecting the lands designated as wilderness by section 2 that \n because of emergencies or catastrophic events become necessary \n for the operation, maintenance, repair, replacement, and \n continued use of the Colorado-Big Thompson Project and its \n facilities shall be allowed, subject only to reasonable \n restrictions which are established by the Secretary of the \n Interior to protect the wilderness values of the lands. In \n implementing this paragraph, the Secretary shall not establish \n any restrictions on the activities that would prevent the \n occurrence of such necessary activities or that would reduce \n the water supply provided by the Colorado-Big Thompson Project \n or the Windy Gap Project.\n (3) Relation to authority in act establishing park.--\n Nothing in the first section of the Act of January 26, 1915 (16 \n U.S.C. 191), shall be construed to allow development within the \n lands designated as wilderness by section 2 of any reclamation \n project not in existence as of the date of the enactment of \n this Act.\n (d) No Buffer Zones.--Congress does not intend that the designation \nby this Act of the Rocky Mountain National Park Wilderness creates or \nimplies the creation of protective perimeters or buffer zones around \nthe wilderness area. The fact that nonwilderness activities or uses can \nbe seen or heard from within the wilderness area shall not, of itself, \npreclude such activities or uses up to the boundary of the wilderness \narea.\n\nSEC. 4. BOUNDARY ADJUSTMENT OF INDIAN PEAKS WILDERNESS AND ARAPAHO \n NATIONAL RECREATION AREA.\n\n (a) Indian Peaks Wilderness.--Section 3(a) of Public Law 95-450 is \namended--\n (1) by striking ``seventy thousand acres'' and inserting \n ``74,195 acres'' ; and\n (2) by striking ``dated July 1978'' and inserting ``dated \n February 2006''.\n (b) Arapaho National Recreation Area.--Section 4(a) of Public Law \n95-450 is amended--\n (1) by striking ``thirty-six thousand two hundred thirty-\n five acres'' and inserting ``35,235 acres''; and\n (2) by striking ``dated July 1978'' and inserting ``dated \n February 2006''.\n\nSEC. 5. AUTHORITY TO LEASE LEIFFER PROPERTY.\n\n (a) Authorization.--The provisions of section 802(a) of Public Law \n105-391 (16 U.S.C. 1a-2k) shall apply to the tract of land described in \nsubsection (b) to the same extent as if such property was part of the \nNational Park System.\n (b) Land Described.--Subsection (a) applies to the tract of land \nnear the eastern boundary of Rocky Mountain National Park in Larimer \nCounty, Colorado, administered by the National Park Service and known \nas the Leiffer tract.","summary":"Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act- Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness and components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Directs the Secretary of the Interior to establish an alignment line for a trail, which shall be known as the East Shore Trail, located within the East Shore Trail Area and, after establishing the alignment line, to identify the boundaries of such Trail. Provides for the inclusion of the East Shore Trail in the Rocky Mountain National Park Wilderness if such Trail has not been constructed and authorized for use by motorized bicycles 25 years after enactment of this Act. Bars, until 25 years after this Act's enactment, the use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, from being allowed in the East Shore Trail Area, except for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. Amends the Indian Peaks Wilderness Area, Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to provide for a boundary adjustment of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area by: (1) increasing the acreage of the Indian Peaks Wilderness Area. And (2) decreasing the acreage of the Arapaho National Recreation Area.","title":"To designate as wilderness certain lands within the Rocky Mountain National Park and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area on the Arapaho National Forest in the State of Colorado.","text_len":13617,"sum_len":1445} {"bill_id":"103_hr1148","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Law Enforcement Responsibility and \nImprovement Act of 1993''.\n\n TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS.\n\nSEC. 101. STATEMENT OF PURPOSE.\n\n It is the purpose of this title to assist States to establish \nscholarship programs which--\n (1) assist State and local law enforcement efforts to \n enhance the educational status of law enforcement personnel; \n and\n (2) provide educational assistance to law enforcement \n personnel seeking continuing education;\n\nSEC. 102. ALLOTMENT.\n\n From amounts appropriated under the authority of section 110, the \nAssistant Attorney General shall allocate--\n (1) 80 percent of such funds to States on the basis of the \n number of law enforcement officers in each State; and\n (2) 20 percent of such funds to States on the basis of a \n State's shortage of law enforcement personnel and the need for \n assistance under this title.\n\nSEC. 103. PROGRAM ESTABLISHED.\n\n (a) In General.--From amounts available under this title, each \nState shall pay the Federal share of the cost of awarding scholarships \nto law enforcement personnel to enable such personnel during nonworking \nhours to enroll in courses, not to exceed a total of 18 credit hours, \nat an institution of higher education.\n (b) Federal Share.--(1) The Federal share of the cost of \nscholarships under this title shall not exceed 60 percent.\n (2) The non-Federal share of the cost of scholarships under this \ntitle shall be supplied from sources other than the Federal Government.\n (c) Lead Agency.--Each State receiving an allotment under section \n102 to conduct a scholarship program in a State in accordance with the \nprovisions of this title shall designate an appropriate State agency to \nserve as the lead agency in carrying out the provisions of this title.\n (d) Responsibilities of Assistant Attorney General.--The Assistant \nAttorney General shall be responsible for the administration of the \nprogram conducted pursuant to this title and shall, in consultation \nwith the Assistant Secretary for Postsecondary Education, promulgate \nregulations to implement this title.\n (e) Administrative Expenses.--Each State receiving an allotment \nunder section 102 may reserve not more than 8 percent of such allotment \nfor administrative expenses.\n (f) Supplementation of Funding.--Funds received under this title \nshall be used to supplement, and not to supplant, Federal, State, or \nlocal efforts to provide for continuing education of law enforcement \npersonnel.\n\nSEC. 104. SCHOLARSHIPS.\n\n (a) Restrictions.--Notwithstanding a change in law enforcement \npositions or departments or an institution of higher education, a law \nenforcement officer is eligible to receive scholarship funds for a \ntotal of 18 credit hours.\n (b) Use of Scholarships.--A law enforcement officer awarded a \nscholarship under this title may use such scholarship for educational \nexpenses at an accredited institution of higher education.\n (c) Eligibility.--A law enforcement officer shall be eligible to \nreceive a scholarship under this title if such individual has been \nemployed in law enforcement for the 1-year period immediately preceding \nthe date on which assistance is sought.\n\nSEC. 105. STATE APPLICATION.\n\n (a) In General.--Each State desiring an allotment under section 102 \nshall submit an application to the Assistant Attorney General at such \ntime, in such manner, and accompanied by such information as the \nAssistant Attorney General may reasonably require. Each such \napplication shall--\n (1) contain assurances that the lead agency shall work in \n cooperation with the local law enforcement liaisons, \n representatives of police labor organizations and police \n management organizations, and other appropriate State and local \n agencies to develop and implement interagency agreements \n designed to carry out the provisions of this title;\n (2) contain assurances that the State shall advertise the \n scholarship assistance provided under this title;\n (3) contain assurances that the State shall screen and \n select law enforcement personnel for participation in the \n scholarship program under this title;\n (4) contain assurances that the State shall make \n scholarship payments to institutions of higher education on \n behalf of individuals receiving financial assistance under this \n title; and\n (5) identify model curriculum and existing programs \n designed to meet the educational and professional needs of law \n enforcement personnel.\n\nSEC. 106. LOCAL APPLICATION.\n\n Each individual desiring to receive a scholarship under this title \nshall submit an application to the State at such time, in such manner, \nand accompanied by such information as the State may reasonably \nrequire. Each such application shall describe the academic courses for \nwhich financial assistance is sought.\n\nSEC. 107. SCHOLARSHIP AGREEMENT.\n\n (a) In General.--Each individual receiving a scholarship under this \ntitle shall enter into an agreement with the Assistant Attorney \nGeneral.\n (b) Contents.--Each agreement described in subsection (a) shall \nprovide assurances that such individual shall make every effort to meet \nall course requirements.\n\nSEC. 108. REPORTS TO CONGRESS.\n\n Not later than April 1 of each fiscal year, the Assistant Attorney \nGeneral shall submit a report to the Attorney General, the President, \nthe Speaker of the House of Representatives, and the President of the \nSenate. Such report shall--\n (1) state the number of present and past scholarship \n recipients under this title;\n (2) describe the geographic, racial, and gender dispersion \n of scholarship recipients; and\n (3) describe the progress of the program and make \n recommendations for changes in the program.\n\nSEC. 109. DEFINITIONS.\n\n As used in this title--\n (1) the term ``Assistant Attorney General'' means the \n Assistant Attorney General of the Office of Justice Programs;\n (2) the term ``educational expenses'' means expenses that \n are directly attributable to a course offered at an institution \n of higher education, including the cost of tuition, fees, \n books, supplies and related expenses;\n (3) the term ``institution of higher education'' has the \n same meaning given such term in section 1401(a) of the Higher \n Education Act of 1965;\n (4) the term ``law enforcement position'' means employment \n as an officer in a State or local police force, or correctional \n institution; and\n (5) the term ``State'' means a State of the United States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n Virgin Islands, American Samoa, Guam, and the Commonwealth of \n the Northern Mariana Islands.\n\nSEC. 110. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $3,000,000 for each of the \nfiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the \nprovisions of this title.\n\n TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS\n\n Subtitle A--Police Accreditation\n\nSEC. 201. APPLICATION FOR ACCREDITATION.\n\n (a) In General.--Subject to subsections (b) and (c), law \nenforcement agencies of a State, unit of local government, or non-\nFederal public agency may apply for law enforcement agency \naccreditation.\n (b) Filing of Accreditation Application.--Applications for \naccreditation as provided under section (a), may be filed with the \nCommission on Accreditation of Law Enforcement Agencies.\n (c) Forwarding to Justice Department.--A copy of the application \nfiled under subsection (b) shall then be forwarded to the Accreditation \nCoordinator at the Department of Justice as provided for in section \n202(b).\n (d) Good Faith.--Law enforcement agencies shall file the \napplication for accreditation in good faith, and shall use all good \nfaith efforts to assist in processing the application for \naccreditation.\n\nSEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION.\n\n (a) In General.--The Attorney General shall be given the discretion \nunder section 524(c)(1) of title 28, United States Code, to provide \nfinancial and technical assistance, as provided in subsections (b), \n(c), and (d) for law enforcement agencies applying for accreditation as \nprovided in section 201.\n (b) Accreditation Coordinator.--The Attorney General shall appoint \nan Accreditation Coordinator to assist law enforcement agencies seeking \nFederal assistance in processing accreditation as provided in section \n201.\n (c) Additional Accreditation Staffing.--The Accreditation \nCoordinator shall provide necessary personnel to assist law enforcement \nagencies in processing applications for accreditation and complete the \naccreditation process as provided by section 201.\n (d) Reimbursement of Administrative Costs.--Upon request, the \nAccreditation Coordinator may reimburse a law enforcement agency for \nany administrative costs incurred by such law enforcement agency in \nprocessing the application for accreditation if--\n (1) such law enforcement agency has requested assistance \n from the Accreditation Coordinator;\n (2) the Accreditation Coordinator did not furnish such \n assistance but did certify the agency as likely to benefit in \n terms of improved law enforcement from the process and as \n eligible for expense reimbursement; and\n (3) such law enforcement agency has successfully completed \n the accreditation process as provided in section 201.\n (e) Financing.--The total monies provided under subsection (a) \nshall not be greater than $1,000,000 or 1 percent of those monies \navailable to the Attorney General under section 524(c)(1) of title 28, \nUnited States Code.\n\n Subtitle B--Civilian Protection in Cases of Police Misconduct\n\nSEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT.\n\n State, local, and public law enforcement agencies shall have \nprocedures as established in subsection (b), allowing citizen \nsubmission of sworn complaints regarding the action, or inaction, of \nthe law enforcement agency, law enforcement officers in the agency, or \nemployees of the agency.\n\nSEC. 212. MINIMUM STANDARDS.\n\n Subject to section 213, individual law enforcement agencies shall \nprovide, at a minimum, that--\n (1) the general public has access to required forms and \n information concerning the submission, and disposition of sworn \n complaints;\n (2) the law enforcement agency assist individuals in filing \n complaints;\n (3) adequate records to allow regular monitoring of the \n nature and disposition of such cases are to be maintained by \n the agency;\n (4) the law enforcement agency has established written \n procedures for hearings; and\n (5) the complainant receives a written report on the final \n disposition of the complaint.\n\nSEC. 213. SEALED RECORDS.\n\n Any or all records required under section 212 may be sealed to \nprevent public disclosure if--\n (1) good cause has been shown by order of a court of \n competent jurisdiction, and\n (2) such order is public record and states reasons for \n sealing.\n\n Subtitle C--Law Enforcement Officer's Responsibility\n\nSEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER \n INVESTIGATION.\n\n Whenever a law enforcement officer is under formal investigation \nfor alleged malfeasance, misfeasance, or nonfeasance of official duty, \nwith a view to possible disciplinary action, demotion, dismissal, \nsuspension, or criminal charges, except as provided in section 226, the \nfollowing minimum standards shall apply:\n (1) The law enforcement officer shall be informed in \n writing of all charges made against the officer, the nature and \n purpose of the investigation and the name, rank, and command of \n the person or persons conducting such investigation and shall \n be given the opportunity to review any evidence or testimony \n relevant to the charges, in the possession of the law \n enforcement agency.\n (2) Except when the officer is requested to fulfill normal \n administrative duties or to provide the law enforcement agency \n with necessary reports on performance of duty, no adverse \n inference shall be drawn and no punitive action taken from a \n refusal of the law enforcement officer being investigated to \n participate in such investigation.\n (3) The law enforcement officer being investigated shall be \n informed, in writing, of the date, time, and location of such \n questioning, of all persons who will be present during such \n questioning, and of the rights established by this title.\n (4) Except in emergency or adverse situations, no \n questioning of any law enforcement officer shall be conducted \n except during the officer's regularly scheduled working hours, \n unless the law enforcement officer otherwise agrees and except \n when such questioning is part of a normal supervisory operating \n of the law enforcement agency.\n (5) Any questioning shall be for a reasonable period of \n time, in a reasonable place, and shall allow for reasonable \n periods for the rest and personal necessities of such officer.\n (6) The law enforcement officer shall be entitled to the \n presence of a person of the officer's choice at any \n interrogation in connection with the formal investigation.\n\nSEC. 222. NOTICE OF DISCIPLINARY ACTION.\n\n Whenever a personnel action is taken against a law enforcement \nofficer which could result in any loss of pay, benefits or seniority, \nor in suspension or termination, pursuant to an investigation of \nalleged malfeasance, misfeasance, or nonfeasance of official duty, such \nlaw enforcement officer shall be notified and informed of the reasons \nfor such action at least five working days before such action takes \neffect.\n\nSEC. 223. ENTITLEMENT TO A HEARING.\n\n (a) In General.--If the investigation of a law enforcement officer \nresults in the recommendations of disciplinary action, such as \ndemotion, dismissal, or similar action, then, except as provided in \nsection 226, the law enforcement officer shall be entitled to a hearing \nbefore an impartial decisionmaker.\n (b) Decisions in Writing.--The decisions of the decisionmaker, and \nreason therefor, shall be in writing, shall be transmitted promptly to \nthe law enforcement officer and to the chief executive officer of the \nlaw enforcement agency.\n (c) Final and Binding.--The decisions of the decisionmaker shall be \nfinal and binding.\n\nSEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS.\n\n Whenever a police complaint review board has been established which \nincludes in its membership persons other than law enforcement officers \nof the agencies under the jurisdiction of such board, such board shall \ninclude a fair representation of such officers including at least one \nofficer of equal rank to the officer charged.\n\nSEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS.\n\n There shall be no penalty nor threat of penalty to any law \nenforcement officer for the exercise of the rights established in this \ntitle.\n\nSEC. 226. EXCLUSIONARY PROVISIONS.\n\n The provisions of this subtitle do not apply to questioning carried \nout as part of a law enforcement agency's routine supervision of a law \nenforcement officer, summary discipline, administrative action, or \nemergency suspension.\n\n Subtitle D--General Provisions\n\nSEC. 231. PRIVATE ENFORCEMENT.\n\n Any citizen or law enforcement officer shall have the right to \nrecover pecuniary and other damages including, but not limited to, full \nreinstatement of a law enforcement officer, from any person or \nagencies, including law enforcement agencies, which violate the rights \nestablished by this title.\n\nSEC. 232. OTHER REMEDIES NOT DISPARAGED.\n\n Nothing in this title shall disparage or impair any other legal \nremedy with respect to rights established by this title or any other \nState or Federal law.\n\nSEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS.\n\n Nothing in this title shall be construed to preempt any State law \nwhich meets or exceeds the minimum requirements set forth by this \ntitle.\n\nSEC. 234. DEFINITIONS.\n\n As used in this title--\n (1) the term ``complaint review board'' means any public \n body which has specific lawful authority to investigate \n civilian complaints of improper conduct by law enforcement \n officers and take public action, including the issuance of \n findings and reports, but shall not include any law enforcement \n agency, a grand jury, or other judicially-appointed body;\n (2) the term ``law enforcement agency'' means any non-\n Federal public agency, except Federal law enforcement agencies, \n charged with the duty to investigate crimes, apprehend persons \n charged with such crimes, and hold in custody persons charged \n with such crimes;\n (3) the term ``law enforcement officer'' means any sworn \n officer of a public agency, if the official legal function of \n such agency is the investigation of reports of criminal \n activity or crimes, or the apprehension or holding in custody \n of persons charged or convicted of crimes, and includes all \n police, sheriffs' deputies, bailiffs, and corrections guards as \n defined by the applicable State law;\n (4) the terms ``summary discipline'' and ``administrative \n action'' mean discipline imposed for minor violations of \n department rules and regulations, which does not result in \n dismissal, demotion, transfer, loss of pay, or similar action; \n and\n (5) the term ``emergency suspension'' means situations in \n which the head of the law enforcement agency determines such \n temporary action is necessary to protect the interest of the \n public and the law enforcement agency and do not continue \n longer than the public necessity.\n\n \n\nHR 1148 IH----2","summary":"TABLE OF CONTENTS: Title I: Continuing Education for Law Enforcement Officers Title II: Law Enforcement Responsibility Provisions Subtitle A: Police Accreditation Subtitle B: Civilian Protection in Cases of Police Misconduct Subtitle C: Law Enorcement Officer's Responsibility Subtitle D: General Provisions Law Enforcement Responsibility and Improvement Act of 1993 - Title I: Continuing Education for Law Enforcement Officers - Directs: (1) each State to pay the Federal share of the cost of awarding scholarships to law enforcement personnel to enable such personnel during non-working hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education. And (2) the Assistant Attorney General to allocate, from amounts appropriated pursuant to this Act, 80 percent of such funds to States based on the number of law enforcement officers in each State and 20 percent based on a State's shortage of law enforcement personnel and need for assistance. Title II: Law Enforcement Responsibility Provisions - Subtitle A: Police Accreditation - Establishes procedures by which law enforcement agencies of a State, unit of local government, or non-Federal public agency may apply for law enforcement agency accreditation. Grants the Attorney General discretion to provide financial and technical assistance for law enforcement agencies applying for accreditation. Directs the Attorney General to appoint an Accreditation Coordinator to assist such agencies seeking Federal assistance in processing accreditation. Subtitle B: Civilian Protection in Cases of Police Misconduct - Requires that State, local, and public law enforcement agencies have procedures, including specified minimum standards, allowing citizen submission of sworn complaints regarding the action or inaction of a law enforcement agency, its officers, or employees. Specifies that any or all records required pursuant to this Act may be sealed to prevent public disclosure if good cause has been shown by order of a court of competent jurisdiction and if such order is public record and states reasons for sealing. Subtitle C: Law Enforcement Officer's Responsibility - Sets forth minimum standards that apply whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, with exceptions. Sets forth provisions regarding: (1) notice of disciplinary action, (2) entitlement to a hearing, (3) fair representation on complaint review boards. And (4) protection from retaliation for exercising rights. Subtitle D: General Provisions - Grants any citizen or law enforcement officer the right to recover damages, including full reinstatement of a law enforcement officer, from any person or agencies which violate the rights established by this title. Specifies that nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title.","title":"Law Enforcement Responsibility and Improvement Act of 1993","text_len":18763,"sum_len":3076} {"bill_id":"113_hr3730","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Infrastructure Modernization \nAct of 2013''.\n\nSEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT \n PUBLIC SAFETY PROJECTS.\n\n (a) Approval and Disapproval of Permits.--\n (1) Deadline.--The Secretary of the Army shall approve or \n disapprove a covered permit application for a public safety \n project on or before the last day of the 2-year period \n beginning on the date of submission of the application.\n (2) Failure to meet deadline.--If the Secretary does not \n approve or disapprove a covered permit application for a public \n safety project on or before the last day specified in paragraph \n (1)--\n (A) the application shall be considered under the \n expedited process established under subsection (b); \n unless\n (B) the Governor of the State in which the project \n is to be located issues a declaration of emergency with \n respect to the project under subsection (c), in which \n case the requirements of subsection (c) shall apply to \n the application.\n (b) Expedited Process.--\n (1) In general.--The Secretary shall establish, by \n regulation, a process to expedite the consideration of a \n covered permit application for a public safety project.\n (2) Specifications for expedited process.--The expedited \n process shall provide for the following:\n (A) In complying with the requirements of the \n National Environmental Policy Act of 1969 (42 U.S.C. \n 4321 et seq.) with respect to the project, the \n Secretary shall--\n (i) prepare an environmental assessment or \n an environmental impact statement in accordance \n with paragraph (3);\n (ii) weigh the public safety aspects of the \n project as greater than the environmental \n costs; and\n (iii) complete consultation with other \n agencies, as necessary, not later than 6 months \n after the last day specified in subsection \n (a)(1).\n (B) In issuing a permit under the expedited \n process, the Secretary may not require mitigation costs \n in an amount that exceeds 20 percent of the total cost \n of the project.\n (C) In issuing a permit under the expedited \n process, the Secretary may implement species relocation \n for the project, as described in subsection (d).\n (3) Environmental assessment or impact statement.--In \n preparing an environmental assessment or an environmental \n impact statement under paragraph (2)(A)--\n (A) the Secretary shall study, develop, and \n describe the proposed action and the alternative of no \n action; but\n (B) the Secretary is not required to study, \n develop, or describe any alternative actions to the \n proposed agency action unless the municipality in which \n is the project is to be located submits an alternative \n action.\n (4) Judicial review.--A person may obtain judicial review \n of any determination made for a public safety project under the \n expedited process only in the United States district court for \n the judicial district in which the project is to be located.\n (c) Emergency Declaration.--\n (1) In general.--If the Secretary has not approved or \n disapproved a covered permit application for a public safety \n project on or before the last day specified in subsection \n (a)(1), the Governor of the State in which the project is to be \n located may issue a declaration of emergency with respect to \n the project.\n (2) Alternative arrangements.--If the Governor of a State \n issues a declaration of emergency with respect to a public \n safety project under paragraph (1), the State or municipality \n that submitted a covered permit application for the project may \n request that--\n (A) the application be considered under the \n expedited process established under subsection (b); or\n (B) the President, acting through the Council on \n Environmental Quality, establish alternative \n arrangements for conducting the project.\n (3) Deadline.--Pursuant to a request received under \n paragraph (2)(B), the Council on Environmental Quality, on or \n before the last day of the 90-day period beginning on the date \n of the request shall--\n (A) create an alternative to the proposed public \n safety project; or\n (B) approve the project.\n (4) Failure to meet deadline.--If, after receiving a \n request under paragraph (2)(B), the Council on Environmental \n Quality does not establish alternate procedures for conducting \n a public safety project or disapprove the project on or before \n the last day specified in paragraph (3)--\n (A) the covered permit application submitted for \n the project shall be deemed approved; and\n (B) the requirements of the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to \n the project shall be deemed satisfied.\n (5) Judicial review.--The deemed approval of a covered \n permit application pursuant to paragraph (4)(A) shall not be \n subject to judicial review.\n (6) Relationship to other laws.--Any alternative \n arrangements established for a public safety project under \n paragraph (2)--\n (A) shall be deemed to satisfy the requirements of \n section 404 of the Federal Water Pollution Control Act \n (33 U.S.C. 1344) and the National Environmental Policy \n Act of 1969 (42 U.S.C. 4321 et seq.) with respect to \n the project; and\n (B) shall not be subject to judicial review.\n (d) Species Relocations.--In the case of a covered permit \napplication for a public safety project that authorizes species \nrelocation pursuant to subsection (b)(2)(C), the Secretary, acting \nthrough the United States Fish and Wildlife Service, any Federal land \nmanagement agency, the National Marine Fisheries Service, or a State \nconservation agency, shall relocate from the project any the members of \na threatened or endangered species of plant or animal that the relevant \nFederal agencies determine would be taken in the course of the project.\n (e) Applicability.--This section shall apply to a covered permit \napplication for a public safety project submitted after the date of \nenactment of this Act.\n (f) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, and annually thereafter, the Secretary shall \nsubmit to Congress a report on the implementation of this section.\n (g) Definitions.--In this section, the following definitions apply:\n (1) Covered permit application.--The term ``covered permit \n application'' means an application for a permit to discharge \n dredge or fill material submitted by a State or municipality \n under section 404 of the Federal Water Pollution Control Act \n (33 U.S.C. 1344).\n (2) Municipality.--The term ``municipality'' has the \n meaning given that term in section 502 of the Federal Water \n Pollution Control Act (33 U.S.C. 1362).\n (3) Person.--The term ``person'' has the meaning given that \n term in section 502 of the Federal Water Pollution Control Act \n (33 U.S.C. 1362).\n (4) Public safety project.--The term ``public safety \n project'' means a project that has one of the following as its \n primary purpose:\n (A) The construction of a levee, self-closing flood \n barrier, seawall, or flood gate.\n (B) Slough and stream construction and dredging for \n flood control.\n (C) The construction of a retention pond for a \n residential area.\n (D) The construction of a road or bridge to be used \n for evacuation purposes in the case of a hurricane, \n wildfire, or other extreme weather event.\n (E) The construction of a storm water conveyance \n facility.","summary":"Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines quot, covered permit applicationquot. As an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act . Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20 of the project's total cost, and (2) may relocate from the project any of the members of a threatened or endangered species of plant or animal that the relevant federal agencies determine would be taken in the course of the project. Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process. Or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied.","title":"Public Infrastructure Modernization Act of 2013","text_len":9051,"sum_len":1870} {"bill_id":"103_s425","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Environmental Technologies \nAgency Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) environmental problems facing the world pose a threat \n to the environmental security of the United States and other \n nations;\n (2) the causes of many of environmental problems lie in the \n use of environmentally damaging technologies in areas such as \n transportation, energy production, industrial manufacturing, \n and product use;\n (3) the development and deployment of environmentally safe \n technologies will both enhance the nations environmental \n security and the economic standing of the Nation in the world's \n market place; and\n (4) the Federal Government should play a significant role \n in enhancing the Nation's environmental security by--\n (A) facilitating the development and deployment of \n environmentally safe technologies that provide \n solutions to environmental problems; and\n (B) assisting in the diffusion of knowledge of \n environmentally safe technologies throughout the \n Nation.\n (b) Purpose.--It is the purpose of this Act to assist the efforts \nof private industry, universities, nonprofit research centers, and \ngovernment laboratories to provide environmentally safe technical \nsolutions to problems threatening the Nation's environmental security \nand, in the process, to help the Nation's competitiveness.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``Administrator'' means the Administrator of \n the National Environmental Technologies Agency;\n (2) the term ``Advisory Council'' means the Industry and \n Academia Advisory Council established by section 5;\n (3) the term ``Agency'' means the National Environmental \n Technologies Agency established by section 4; and\n (4) the term ``Fund'' means the Critical Technologies \n Revolving Fund established by section 9.\n\nSEC. 4. ESTABLISHMENT OF AGENCY.\n\n (a) Establishment.--There is established as an independent \nestablishment of the United States the National Environmental \nTechnologies Agency.\n (b) Administrator.--(1) The Agency shall be headed by the \nAdministrator of the National Environmental Technologies Agency, who \nshall be appointed by the President, with the advice and consent of the \nSenate.\n (2) Section 5313 of title 5, United States Code, is amended by \nadding at the end the following new item:\n ``Administrator, National Environmental Technologies \n Agency.''.\n (c) Staff.--The Administrator may appoint a staff of professionals \nwith skills in the area of program definition and management and such \nsupport staff as the Administrator determines to be necessary, of which \nno more than 3 may be in positions of confidential or policy-making \ncharacter.\n (d) Functions.--It shall be the function of the Agency to--\n (1) coordinate planning by the departments, agencies, and \n independent establishments of the United States relating to \n restoration and protection of the environment;\n (2) identify areas that--\n (A) need technical solutions to maintain the \n environmental security of the Nation;\n (B) are not receiving the long-term product-\n oriented research that is necessary to meet those \n needs; and\n (C) exhibit the greatest promise for the successful \n development of solutions;\n (3) support and assist the development of technology having \n potential future application in the restoration and protection \n of the environment;\n (4) coordinate among the departments, agencies, independent \n establishments of the United States and the private sector the \n exchange of technological information relating to restoration \n and protection of the environment;\n (5) support continuing research and development of advanced \n technologies by industrial, academic, and governmental and \n nongovernmental entities;\n (6) monitor on a continuing basis the research and \n development being conducted on advanced technologies by private \n industry in the United States; and\n (7) promote continuing development of a technological \n industrial base in the United States.\n (e) Interagency Advisory Committee.--(1) There is established an \ninteragency advisory committee composed of--\n (A) the Administrator of the Environmental Protection \n Agency, who shall be chair of the committee;\n (B) the Director of the Office of Science and Technology \n Policy, or the Director's designee;\n (C) the Secretary of Energy, or the Secretary's designee;\n (D) the Secretary of Commerce, or the Secretary's designee;\n (E) the Secretary of State, or the Secretary's designee;\n (F) the Secretary of Defense, or the Secretary's designee; \n and\n (G) the Administrator of the National Aeronautics and Space \n Administration, or the Administrator's designee.\n (2) The interagency advisory committee shall advise and provide \ninformation to the Agency with respect to the needs and concerns of \ntheir agencies in the field of environmental technologies.\n\nSEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.\n\n (a) Establishment.--There is established the Industry and Academia \nAdvisory Council.\n (b) Membership.--(1) The Advisory Council shall consist of 9 \nmembers appointed by the Administrator, at least 5 of whom shall be \nfrom United States industry.\n (2) The persons appointed as members of the Advisory Council--\n (A) shall be eminent in fields such as business, research, \n new product development, engineering, labor, education, \n management consulting, environment, and international \n relations;\n (B) shall be selected solely on the basis of established \n records of distinguished service; and\n (C) shall not be employees of the Federal Government.\n (3) In making appointments of persons as members of the Advisory \nCouncil, the Administrator shall give due consideration to any \nrecommendations that may be submitted to the Director by the National \nAcademies, professional societies, business associations, labor \nassociations, and other appropriate organizations.\n (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of \na member of the Advisory Council shall be 3 years.\n (B) A member appointed to fill a vacancy occurring prior to the \nexpiration of the term for which the member's predecessor was appointed \nshall be appointed for the remainder of that term.\n (C) A member who has completed 2 consecutive full terms on the \nAdvisory Council shall not be eligible for reappointment until 1 year \nafter the expiration of the second such term.\n (2) The initial members of the Advisory Council shall be appointed \nto 3 classes of 3 members each, one class having a term of 1 year, one \na term of 2 years, and one a term of 3 years.\n (3)(A) The Advisory Council shall meet at least quarterly at the \ncall of the chair or whenever one-third of the members so request in \nwriting.\n (B) A majority of the members of the council not having a conflict \nof interest in a matter under consideration by the Advisory Council \nshall constitute a quorum.\n (C) Each member shall be given appropriate notice of a meeting of \nthe Advisory Council, not less than 15 days prior to any meeting, if \npossible.\n (4)(A) The Advisory Council shall appoint from among its members a \nperson to serve as chair and a person to serve as vice chair.\n (B) The vice chair of the Advisory Council shall perform the duties \nof the chair in the absence of the chair.\n (5) The Advisory Council shall review and make recommendations \nregarding general policy for the Agency, its organization, its budget, \nand its programs within the framework of national policies set forth by \nthe President and the Congress.\n\nSEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR.\n\n (a) Authority.--In carrying out the functions of the Agency, the \nAdministrator may--\n (1) enter into, perform, and guarantee contracts, leases, \n grants, and cooperative agreements with any department, agency, \n or independent establishment of the United States or with any \n person;\n (2) use the services, equipment, personnel, or facilities \n of any other department, agency, or independent establishment \n of the United States, with the consent of the head of the \n department, agency, or independent establishment and with or \n without reimbursement, and cooperate with public and private \n entities in the use of such services, equipment, and \n facilities;\n (3) supervise, administer, and control the activities \n within the departments, agencies, and independent \n establishments of the United States relating to patents, \n inventions, trademarks, copyrights, royalty payments, and \n matters connected therewith that pertain to technologies \n relating to restoration and protection of the environment; and\n (4) appoint 1 or more advisory committees or councils, in \n addition to those established by sections 4(e) and 5, to \n consult with and advise the Administrator.\n (b) Transfer of Technology.--The Administrator may transfer to the \ndomestic private sector technology developed by or with the support of \nthe Agency if the Administrator determines that the technology may have \npotential application in private activities relating to restoration and \nprotection of the environment.\n\nSEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS.\n\n (a) In General.--In carrying out the functions of the Agency, the \nAdministrator may enter into a cooperative agreement or other \narrangement with any department, agency, or independent establishment \nof the United States, any unit of State or local government, any \neducational institution, or any other public or private person or \nentity.\n (b) Authority To Require Payment.--(1) A cooperative agreement or \nother arrangement entered into under subsection (a) may include a \nprovision that requires a person or other entity to make payments to \nthe Agency (or any other department, agency, or independent \nestablishment of the United States) as a condition to receiving \nassistance from the Agency under the agreement or other arrangement.\n (2) The amount of any payment received by a department, agency, or \nindependent establishment of the United States pursuant to a provision \nrequired under paragraph (1) shall be credited to the Fund in such \namount as the Administrator may specify.\n (c) Nonduplication and Other Conditions.--The Administrator shall \nensure that--\n (1) the authority under this section is used only when the \n use of standard contracts or grants is not feasible or \n appropriate; and\n (2) to the maximum extent practicable, a cooperative \n agreement or other arrangement entered into under this \n section--\n (A) does not provide for research that duplicates \n research being conducted under other programs carried \n out by a department, agency, or independent \n establishment of the United States; and\n (B) requires the other party to the agreement or \n arrangement to share the cost of the project or \n activity concerned.\n\nSEC. 8. PROGRAM REQUIREMENTS.\n\n (a) Selection Criteria.--Not later than 90 days after the date of \nenactment of this Act, the Administrator shall publish in the Federal \nRegister proposed criteria, and not later than 180 days after the date \nof enactment of this Act, following a public comment period, final \ncriteria, for the selection of recipients of contracts, leases, grants, \nand cooperative agreements under this Act.\n (b) Financial Reporting and Auditing.--The Administrator shall \nestablish procedures regarding financial reporting and auditing to \nensure that contracts and awards are used for the purposes specified in \nthis section, are in accordance with sound accounting practices, and \nare not funding existing or planned research programs that would be \nconducted in the same time period in the absence of financial \nassistance under this Act.\n (c) Advice of the Advisory Council.--The Administrator shall ensure \nthat the advice of the Advisory Council is considered routinely in \ncarrying out the responsibilities of the Agency.\n (d) Dissemination of Research Results.--The Administrator shall \nprovide for appropriate dissemination of research results of the \nAgency's program.\n (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract \nor award may be made under this Act until the research project in \nquestion has been subject to a merit review, and has, in the opinion of \nthe reviewers appointed by the Administrator, been shown to have \nscientific and technical merit.\n (2) Federal funds made available under this Act shall be used only \nfor direct costs and not for indirect costs, profits, or management \nfees of the contractor.\n (3) In determining whether to make an award to a joint venture, the \nAdministrator shall consider whether the members of the joint venture \nhave provided for the appropriate participation of small United States \nbusinesses in the joint venture.\n (4) Section 552 of title 5, United States Code, shall not apply to \nthe following information obtained by the Federal Government on a \nconfidential basis in connection with the activities of any business or \nany joint venture that receives funding under this Act:\n (A) Information on the business operation of a member of \n the business or joint venture.\n (B) Trade secrets possessed by any business or by a member \n of the joint venture.\n (5) Intellectual property owned and developed by a business or \njoint venture that receives funding under this Act or by any member of \nsuch a joint venture may not be disclosed by any officer or employee of \nthe United States except in accordance with a written agreement between \nthe owner or developer and the Administrator.\n (6) The United States shall be entitled to a share of the licensing \nfees and royalty payments made to and retained by a business or joint \nventure to which it contributes under this section in an amount \nproportionate to the Federal share of the costs incurred by the \nbusiness or joint venture, as determined by independent audit.\n (7) A contract or award under this Act shall contain appropriate \nprovisions for discontinuance of the project and return of the unspent \nFederal funds to the Agency (after payment of all allowable costs and \nan audit) if--\n (A) due to technical difficulties, financial difficulty on \n the part of the recipient, or for any other reason, the \n recipient is not making satisfactory progress toward successful \n completion of the project; or\n (B) despite satisfactory progress on the progress, it \n appears that the project will not achieve satisfactorily the \n goals of the project.\n (8) Upon dissolution of a joint venture that receives funding under \nthis Act or at a time otherwise agreed upon, the United States shall be \nentitled to a share of the residual assets of a joint venture that is \nproportionate to the Federal share of the costs of the joint venture, \nas determined by independent audit.\n\nSEC. 9. REVOLVING FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a revolving fund to be known as the ``Environmental \nAdvanced Research Projects Revolving Fund'', which shall consist of \nsuch amounts as are appropriated or credited to it from time to time.\n (b) Expenditures From the Fund.--Amounts in the Fund shall be \navailable, as provided in appropriations Acts, to carry out the \npurposes of this Act.\n (c) Loans, Grants, and Other Financial Assistance.--(1) The \nAdministrator may use the Fund for the purpose of making loans, grants, \nand other financial assistance to industrial and nonprofit research \ncenters, universities, and other entities that serve the long-term \nenvironmental security needs of the United States, to carry out the \npurposes of this Act.\n (2) A loan made under this section shall bear interest at a rate \ndetermined by the Secretary of the Treasury (as of the close of the \ncalendar month preceding the month in which the loan is made) to be 3 \npercent less than the current market yield on outstanding marketable \nobligations of the United States with remaining periods to maturity \ncomparable to the period for which the loan is made.\n (3) Repayments on a loan made under this section and the proceeds \nfrom any other agreement entered into by the Administrator under this \nAct shall be credited to the Fund.\n (d) Management of Fund.--(1) The Secretary of the Treasury shall \nmanage the Fund and, after consultation with the Administrator, report \nto Congress each year on the financial condition and the results of the \noperation of the Fund during the preceding fiscal year and on the \nexpected condition and operations of the Fund during the next 5 fiscal \nyears.\n (2)(A) The Secretary of the Treasury shall invest the portion of \nthe Fund that is not, in the judgment of the Secretary, required to \nmeet current withdrawals.\n (B) Investments of monies in the Fund may be made only in interest-\nbearing obligations of the United States.\n\nSEC. 10. ANNUAL REPORT.\n\n The Administrator shall submit a report to Congress annually \ndescribing--\n (1) the activities of the Agency;\n (2) the Agency's plans for future activities;\n (3) the manner and extent to which technologies developed \n with assistance from the Agency have been used; and\n (4) the extent to which those technologies have been \n transferred overseas.\n\nSEC. 11. APPROPRIATIONS.\n\n (a) Amounts.--There are authorized to be appropriated to the Agency \nto carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 \nfor fiscal year 1994, and $200,000,000 for fiscal year 1995.\n (b) Limitation on Use.--Of amounts appropriated to the Agency, no \nmore than 5 percent may be used to pay for administrative expenses of \nthe Agency.\n\n \n\nS 425 IS----2","summary":"National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning. (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions. (3) support the development of technology having future application in environmental restoration and protection. (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector, (5) support continuing research and development of advanced technologies. (6) monitor research and development being conducted on advanced technologies by private industry. And (7) promote continuing development of a technological industrial base in the United States. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Agency research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of US small businesses. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the use of the Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations.","title":"National Environmental Technologies Agency Act","text_len":18942,"sum_len":2332} {"bill_id":"114_hr2431","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``On-the-Job Training Tax Credit Act \nof 2015''.\n\nSEC. 2. ON-THE-JOB TRAINING TAX CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. ON-THE-JOB TRAINING TAX CREDIT.\n\n ``(a) In General.--For purposes of section 38, in the case of an \neligible employer, the on-the-job training tax credit determined under \nthis section with respect to any eligible employee of the employer is \nan amount equal to the lesser of--\n ``(1) 50 percent of the job training program expenditures \n of the taxpayer with respect to such employee during the \n taxable year, or\n ``(2) $5,000.\n ``(b) Eligible Employer.--For purposes of this section, the term \n`eligible employer' means an employer which employed an average of not \nmore than 500 full-time employees during the taxable year.\n ``(c) Job Training Program Expenses.--For purposes of this \nsection--\n ``(1) In general.--The term `job training program expenses' \n means amounts paid or incurred by the employer for expenses \n incurred by or on behalf of an eligible employee for \n participation in a qualified training program.\n ``(2) Qualified training program.--For purposes of this \n subsection, the term `qualified training program' means any of \n the following written plans of study and training:\n ``(A) An apprenticeship program registered and \n certified with the Secretary of Labor under section 1 \n of the National Apprenticeship Act (29 U.S.C. 50).\n ``(B) A program licensed, registered, or certified \n by the workforce investment board or apprenticeship \n agency or council of a State or administered in \n compliance with apprenticeship laws of a State.\n ``(C) A program conducted by a vocational or \n technical education school, community college, \n industrial or trade training organization, or labor \n organization.\n ``(D) A program which conforms to apprentice \n training programs developed or administered by an \n employer trade group or committee.\n ``(E) An industry sponsored or administered program \n which is clearly identified and commonly recognized.\n ``(d) Eligible Employee.--For purposes of this section, the term \n`eligible employee' means any employee of the employer, who while \nparticipating in the job skills training program is employed on average \nat least 40 hours of service per week.\n ``(e) Recapture of Credit for Employee Not Performing Minimum \nService.--\n ``(1) In general.--In the case of any employee with respect \n to whom a credit is allowed under this section and whose \n employment is terminated by the employer (other than by reason \n of such employee's gross misconduct) before the end of the 2-\n year period beginning on the first day of the employee's study \n or training with respect to which a credit is allowed under \n this section, the tax of the taxpayer under this chapter for \n the taxable year during which such termination occurs shall be \n increased by an amount equal to--\n ``(A) the aggregate decrease in the credits allowed \n under section 38 for all prior taxable years which \n would have resulted if the job training program \n expenses with respect to such employee had been zero, \n multiplied by\n ``(B) the inclusion ratio.\n ``(2) Inclusion ratio.--For purposes of this subsection, \n the inclusion ratio is the ratio which--\n ``(A) an amount equal to the difference of--\n ``(i) the number of days in the 2-year \n period, over\n ``(ii) the number of days such employee was \n employed by the employer during such 2-year \n period, bears to\n ``(B) the number of days in the 2-year period.\n ``(f) Controlled Groups.--For purposes of this section, all persons \ntreated as a single employer under subsection (b), (c), (m), or (o) of \nsection 414 shall be treated as a single employer.\n ``(g) Termination.--The section shall not apply amounts paid or \nincurred during taxable years beginning after December 31, 2017.''.\n (b) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (35), by striking the period at the end of paragraph (36) \nand inserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(37) the on-the-job training tax credit determined under \n section 45S(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45S. On-the-job training tax credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2014.","summary":"On-the-Job Training Tax Credit Act of 2015 Amends the Internal Revenue Code to allownbsp. Employers who employ not more than 500 full-time employees during the taxable year an on-the-job training tax credit equal to the lesser of: 50 of the job training programnbsp, expenditures for a full-timenbsp. Employee participating in a qualified training program, or $5,000. Defines quot, qualified training programquot. As a written plan of study and training that is either: (1) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act. (2) a program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a state or administered in compliance with state apprenticeship laws. (3) a program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. (4) a program which conforms to apprentice training programs developed or administered by an employer trade group or committee. Or (5) an industry-sponsored or -administered program which is clearly identified and commonly recognized. Terminates such credit after 2017.","title":"On-the-Job Training Tax Credit Act of 2015","text_len":5467,"sum_len":1210} {"bill_id":"115_s914","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Drinking Water Assistance Act \nof 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) safe and clean drinking water is essential to the \n health, well-being, comfort, and standard of living of every \n person of the United States;\n (2) emerging contaminants in drinking water systems are \n increasingly being detected at low levels;\n (3) prolonged exposure to unregulated drinking water \n contaminants, including emerging contaminants, may pose human \n health risks, particularly to vulnerable populations;\n (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.), \n requires the Administrator of the Environmental Protection \n Agency--\n (A) to periodically make regulatory determinations \n with respect to unregulated contaminants; and\n (B) not less frequently than once every 5 years, to \n identify and publish a description of unregulated \n contaminants that may require regulation;\n (5) in a 2011 report of the Government Accountability \n Office, the Comptroller General of the United States found, \n with respect to unregulated drinking water contaminants, that--\n (A) the Administrator has made limited progress in \n prioritizing drinking water contaminants based on \n greatest public health concern;\n (B) the lack of data relating to the exposure of \n the public to potentially harmful drinking water \n contaminants and the related health effects of that \n exposure continues to limit the ability of the \n Administrator to make regulatory determinations; and\n (C) in many cases, gathering sufficient data to \n address contaminants awaiting regulatory determinations \n by the Administrator has taken the Administrator more \n than 10 years, and obtaining data on other contaminants \n that are currently awaiting regulatory determinations \n may take decades;\n (6) in the 2016 Drinking Water Action Plan of the \n Environmental Protection Agency, the Administrator recommended \n that the Government and key water stakeholders strengthen the \n effectiveness of drinking water health advisories through \n enhanced collaboration and increased focus on risk management \n and risk communication approaches; and\n (7) it is vital that legislators, regulatory officials, \n public water system owners and operators, scientists, and \n environmental advocacy groups continue to work to ensure that \n the public water systems of the United States are among the \n safest in the world.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Contaminant.--The term ``contaminant'' means any \n physical, chemical, biological, or radiological substance or \n matter in water.\n (3) Contaminant of emerging concern; emerging \n contaminant.--The terms ``contaminant of emerging concern'' and \n ``emerging contaminant'' mean a contaminant--\n (A) for which the Administrator has not promulgated \n a national primary drinking water regulation; and\n (B) that may have an adverse effect on the health \n of individuals.\n (4) Federal research strategy.--The term ``Federal research \n strategy'' means the interagency Federal research strategy \n developed under section 4(c)(1)(A)(i).\n (5) Working group.--The term ``Working Group'' means the \n Working Group established under section 4(b)(1).\n\nSEC. 4. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON \n EMERGING CONTAMINANTS.\n\n (a) In General.--The Administrator shall--\n (1) review Federal efforts--\n (A) to identify, monitor, and assist in the \n development of treatment methods for emerging \n contaminants; and\n (B) to assist States in responding to the human \n health challenges posed by contaminants of emerging \n concern; and\n (2) in collaboration with owners and operators of public \n water systems, States, and other interested stakeholders, \n establish a strategic plan for improving the Federal efforts \n referred to in paragraph (1).\n (b) Interagency Working Group on Emerging Contaminants.--\n (1) In general.--Not later than 90 days after the date of \n enactment of this Act, the Administrator and the Secretary of \n Health and Human Services shall jointly establish a Working \n Group to coordinate the activities of the Federal Government to \n identify and analyze the public health effects of drinking \n water contaminants of emerging concern.\n (2) Membership.--The Working Group shall include \n representatives of the following:\n (A) The Environmental Protection Agency, appointed \n by the Administrator.\n (B) The following agencies, appointed by the \n Secretary of Health and Human Services:\n (i) The National Institutes of Health.\n (ii) The Centers for Disease Control and \n Prevention.\n (iii) The Agency for Toxic Substances and \n Disease Registry.\n (C) The United States Geological Survey, appointed \n by the Secretary of the Interior.\n (D) Any other Federal agency the assistance of \n which the Administrator determines to be necessary to \n carry out this subsection, appointed by the head of the \n respective agency.\n (3) Existing working group.--The Administrator may expand \n or modify the duties of an existing working group to perform \n the duties of the Working Group under this subsection.\n (c) National Emerging Contaminant Research Initiative.--\n (1) Federal research strategy.--\n (A) In general.--Not later than 90 days after the \n date of enactment of this Act, the Director of the \n Office of Science and Technology Policy (referred to in \n this subsection as the ``Director'') shall coordinate \n with the heads of the agencies described in \n subparagraph (C) to establish a National Emerging \n Contaminant Research Initiative that shall develop--\n (i) an interagency Federal research \n strategy that specifies and prioritizes the \n short-term and long-term research necessary to \n improve the identification, analysis, \n monitoring, and treatment methods of \n contaminants of emerging concern; and\n (ii) any necessary program, policy, or \n budget to support the implementation of the \n Federal research strategy, including mechanisms \n for joint agency review of research proposals, \n for interagency cofunding of research \n activities, and for information sharing across \n agencies.\n (B) Research on emerging contaminants.--In carrying \n out subparagraph (A), the Director shall--\n (i) take into consideration consensus \n conclusions from peer-reviewed, pertinent \n research on emerging contaminants; and\n (ii) in consultation with the \n Administrator, identify priority emerging \n contaminants for research emphasis.\n (C) Federal participation.--The agencies described \n in this subparagraph include--\n (i) the National Science Foundation;\n (ii) the National Institutes of Health;\n (iii) the Environmental Protection Agency;\n (iv) the National Institute of Standards \n and Technology;\n (v) the United States Geological Survey; \n and\n (vi) any other Federal agency that \n contributes to research in water quality, \n environmental exposures, and public health, as \n determined by the Director.\n (D) Nongovernmental participation.--In carrying out \n subparagraph (A), the Director shall consult with \n nongovernmental organizations and science and research \n institutions determined by the Director to have \n scientific or material interest in the National \n Emerging Contaminant Research Initiative.\n (2) Implementation of research recommendations.--\n (A) In general.--Not later than 1 year after the \n date on which the Director completes the Federal \n research strategy, the head of each agency described in \n paragraph (1)(C) shall--\n (i) issue a solicitation for research \n proposals consistent with the Federal research \n strategy; and\n (ii) make grants to applicants that submit \n research proposals selected by the National \n Emerging Contaminant Research Initiative in \n accordance with subparagraph (B).\n (B) Selection of research proposals.--The National \n Emerging Contaminant Research Initiative shall select \n research proposals to receive grants under this \n paragraph on the basis of merit, using criteria \n identified by the Director, including the likelihood \n that the proposed research will result in significant \n progress toward achieving the objectives identified in \n the Federal research strategy.\n (C) Eligible entities.--Any entity or group of two \n or more entities may submit to the head of each agency \n described in paragraph (1)(C) a research proposal in \n response to the solicitation for research proposals \n described in subparagraph (A), including--\n (i) State and local agencies;\n (ii) public institutions, including public \n institutions of higher education;\n (iii) private corporations; and\n (iv) nonprofit organizations.\n (d) Federal Assistance and Support for States.--\n (1) Study.--\n (A) In general.--Not later than 180 days after the \n date of enactment of this Act, the Administrator shall \n conduct a study on actions the Administrator can take \n to increase assistance and support for States that \n require testing facilities for emerging contaminants in \n drinking water samples.\n (B) Contents of study.--In carrying out the study \n described in subparagraph (A), the Administrator shall \n identify--\n (i) methods to increase technical \n assistance on emerging contaminants to States, \n including identifying opportunities for States \n to improve communication with various audiences \n about the risks associated with emerging \n contaminants;\n (ii) means to facilitate access to \n qualified contract testing laboratory \n facilities that conduct analyses for emerging \n contaminants; and\n (iii) actions to be carried out at existing \n Federal laboratory facilities, including the \n research facilities of the Administrator, to \n provide analytical support for States that \n require testing facilities for emerging \n contaminants.\n (2) Report.--Not later than 1 year after the date of \n enactment of this Act, the Administrator shall submit to \n Congress a report describing the results of the study described \n in paragraph (1).\n (3) Program to provide federal assistance to states.--\n (A) In general.--Not later than 3 years after the \n date of enactment of this Act, based on the findings in \n the report described in paragraph (2), the \n Administrator shall develop a program to provide \n assistance to eligible States for the testing and \n analysis of emerging contaminants.\n (B) Application.--\n (i) In general.--To be eligible for \n assistance under this paragraph, a State shall \n submit to the Administrator an application at \n such time, in such manner, and containing such \n information as the Administrator may require.\n (ii) Criteria.--The Administrator shall \n evaluate an application for assistance under \n this paragraph on the basis of merit using \n criteria identified by the Administrator, \n including--\n (I) the laboratory facilities \n available to the State;\n (II) the availability and \n applicability of existing analytical \n methodologies;\n (III) the potency and severity of \n the emerging contaminant, if known; and\n (IV) the prevalence and magnitude \n of the emerging contaminant.\n (iii) Prioritization.--In selecting States \n to receive assistance under this paragraph, the \n Administrator--\n (I) shall give priority to States \n with affected areas primarily in \n financially distressed communities; and\n (II) may--\n (aa) waive the application \n process in an emergency \n situation; and\n (bb) require an abbreviated \n application process for the \n continuation of past monitoring \n support.\n (C) Database of available resources.--The \n Administrator shall establish and maintain a database \n of resources available through the program developed \n under subparagraph (A) to assist States with testing \n for emerging contaminants that--\n (i) is--\n (I) available to States and \n stakeholder groups determined by the \n Administrator to have scientific or \n material interest in emerging \n contaminants, including--\n (aa) drinking water and \n wastewater utilities;\n (bb) laboratories;\n (cc) Federal and State \n emergency responders;\n (dd) State primacy \n agencies;\n (ee) public health \n agencies; and\n (ff) water associations;\n (II) searchable; and\n (III) accessible through the \n website of the Administrator; and\n (ii) includes a description of--\n (I) qualified contract testing \n laboratory facilities that conduct \n analyses for emerging contaminants; and\n (II) the resources available in \n Federal laboratory facilities to test \n for emerging contaminants.\n (D) Water contaminant information tool.--The \n Administrator shall integrate the database established \n under subparagraph (C) into the Water Contaminant \n Information Tool of the Environmental Protection \n Agency.\n (4) Funding.--The Administrator may request funding as \n necessary to carry out this subsection, but in no case shall \n funding to carry out this subsection exceed $15,000,000 in any \n fiscal year.\n (e) Report.--Not less frequently than biannually, the Administrator \nshall submit to Congress a report that describes the progress made in \ncarrying out this Act.\n (f) Effect.--Nothing in this section modifies any obligation of a \nState, local government, or Indian tribe with respect to treatment \nmethods for, or testing or monitoring of, drinking water.","summary":"Safe Drinking Water Assistance Act of 2017 This bill addresses contaminants of emerging concern , which are not regulated under a national primary drinking water regulation and may have an adverse effect on human health. The Environmental Protection Agency (EPA) must review federal efforts to: (1) identify, monitor, and assist in the development of treatment methods for emerging contaminants. And (2) assist states in responding to the human health challenges posed by those contaminants. In addition, the EPA must establish a strategic plan for improving those efforts. The EPA and the Department of Health and Human Services must jointly establish an interagency working group to coordinate federal activities that identify and analyze the public health effects of emerging contaminants. The Office of Science and Technology Policy must establish a National Emerging Contaminant Research Initiative for developing an interagency federal research strategy that specifies and prioritizes the research necessary to improve the identification, analysis, monitoring, and treatment methods of emerging contaminants. Specified federal agencies must make grants for research proposals selected by the initiative as likely to result in significant progress toward achieving the strategy's objectives. The EPA must: (1) report on actions it may take to increase support for states that require testing facilities for emerging contaminants in drinking water samples. And (2) develop a program, based on the report's findings, to provide assistance to eligible states for the testing and analysis of emerging contaminants.","title":"Safe Drinking Water Assistance Act of 2017","text_len":18890,"sum_len":1615} {"bill_id":"113_hr1804","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Accountability Act of \n2013''.\n\nSEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL.\n\n (a) In General.--Subchapter I of chapter 5 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 518. Semiannual reports to Congress on cost of certain travel\n ``(a) Semiannual Reports.--Not later than June 30, 2014, and not \nlater than 60 days after each 180-day period thereafter, the Secretary \nshall submit to the Committee on Veterans' Affairs of the House of \nRepresentatives and the Committee on Veterans' Affairs of the Senate a \nsemiannual report on covered travel made during the 180-day period \ncovered by the report.\n ``(b) Matters Included.--Each report under subsection (a) shall \ninclude the following:\n ``(1) With respect to each instance of covered travel made \n during the period covered by the report--\n ``(A) the purpose of such travel;\n ``(B) the destination;\n ``(C) the name and title of each employee included \n on such travel;\n ``(D) the duration of such travel;\n ``(E) the total cost to the Department of such \n travel; and\n ``(F) with respect to covered travel described in \n subsection (d)(2), the identity of the person or entity \n that paid or reimbursed for such travel.\n ``(2) The final costs to the Department with respect to all \n covered travel made during the period covered by the report, \n including costs relating to--\n ``(A) transportation, including fares for travel by \n air, rail, bus, ferry, cruise ship, taxi, mass transit, \n or other mode of transportation;\n ``(B) expenses or reimbursements relating to \n operating and maintaining a car, including the costs of \n fuel and mileage;\n ``(C) passport and visa fees;\n ``(D) lodging;\n ``(E) per diem payments;\n ``(F) baggage charges;\n ``(G) computer rental fees;\n ``(H) rental of halls, auditoriums, or other \n spaces;\n ``(I) entertainment;\n ``(J) contractors;\n ``(K) registration fees; and\n ``(L) promotional items.\n ``(c) Duplicative Information.--Each report under subsection (a) \nshall include the information described in subsection (b) regardless of \nwhether such information is also included in a report under section 517 \nof this title.\n ``(d) Covered Travel Defined.--In this section, the term `covered \ntravel' means travel made by an employee of the Department of Veterans \nAffairs, including an employee who is stationed in a foreign country, \non official business to any of the following locations:\n ``(1) If the Department or other element of the Federal \n Government pays for such travel, a location outside of--\n ``(A) the several States;\n ``(B) the District of Columbia;\n ``(C) a territory, commonwealth, or possession of \n the United States;\n ``(D) Indian lands (as defined in section 4(4) of \n the Indian Gaming Regulatory Act (25 U.S.C. 2703(4))); \n or\n ``(E) the territorial waters of the United States.\n ``(2) If any person or entity other than the Federal \n Government pays (or reimburses) for such travel, any location, \n regardless of whether the location is inside or outside of the \n United States.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding after the item relating to section \n517 the following new item:\n\n``518. Semiannual reports to Congress on cost of certain travel.''.\n\nSEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--Section 7311 of title 38, United States Code, is \namended by adding at the end the following new subsection:\n ``(f)(1) The Secretary shall report to the appropriate entity each \ncase of a notifiable infectious disease or condition that is diagnosed \nat a medical facility of the Department of Veterans Affairs in \naccordance with the laws of the State in which the facility is located.\n ``(2) In addition to reporting each case of a notifiable infectious \ndisease or condition at a medical facility of the Department pursuant \nto paragraph (1), the Secretary shall report each such case that is \nclassified as a health-care-associated infection sentinel event to the \naccrediting organization of such facility.\n ``(3)(A) If the Secretary fails to report a case of a notifiable \ninfectious disease or condition at a medical facility of the Department \nin accordance with State law pursuant to paragraph (1), the Secretary \nshall--\n ``(i) take any remedial action required under the laws of \n the State to correct such failure; and\n ``(ii) if the Secretary does not correct such failure \n pursuant to clause (i), pay to the State an amount equal to the \n amount that a medical facility not owned by the Federal \n Government that is located in the same State would pay as a \n penalty to such State for such failure.\n ``(B) The State may file a civil action against the Secretary in \nthe United States district court for the district in which the medical \nfacility is located to recover from the United States the amount \ndescribed in subparagraph (A)(ii).\n ``(C) A civil action under subparagraph (B) may not be commenced \nlater than two years after the cause of action accrues.\n ``(4)(A) In any case in which the Inspector General of the \nDepartment suspects that a director of a Veterans Integrated Service \nNetwork has failed to comply with an applicable provision of this \nsubsection, the Inspector General shall conduct an investigation to \ndetermine whether such director failed to comply with an applicable \nprovision of this section.\n ``(B) If the Inspector General determines under subparagraph (A) \nthat a director has failed to comply with a provision of this \nsubsection, the Secretary shall suspend such director for such period \nas the Secretary considers appropriate under subchapter I or subchapter \nII of chapter 75 of title 5, as the case may be. In addition to such \nsuspension, the Secretary may impose such other administrative \ndisciplinary action on the director as the Secretary considers \nappropriate and for which the Secretary is otherwise authorized.\n ``(5) The Secretary shall--\n ``(A) maintain records of each notifiable infectious \n disease or condition reported pursuant to paragraph (1); and\n ``(B) submit to the Committees on Veterans' Affairs of the \n House of Representatives and the Senate a notification of each \n such notifiable infectious disease or condition.\n ``(6) In this subsection, the term `notifiable infectious disease \nor condition' means any infectious disease or condition that is--\n ``(A) on the list of nationally notifiable diseases or \n conditions published by the Council of State and Territorial \n Epidemiologists and the Centers for Disease Control and \n Prevention; or\n ``(B) covered by a provision of law of a State that \n requires the reporting of infectious diseases or conditions.''.\n (b) Effective Date.--The reporting requirement under section \n7311(f) of title 38, United States Code, as added by subsection (a), \nshall apply with respect to a case of a notifiable infectious disease \nor condition diagnosed at a medical facility of the Department of \nVeterans Affairs on or after the date that is 60 days after the date of \nthe enactment of this Act.\n\nSEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT.\n\n Section 7331 of title 38, United States Code, is amended--\n (1) by striking ``The Secretary, upon'' and inserting ``(a) \n In General.--The Secretary, upon''; and\n (2) by adding at the end the following new subsection:\n ``(b) Visual Recording.--(1) The Secretary shall prescribe \nregulations establishing procedures to ensure that, except as provided \nby paragraph (2), any visual recording made by the Secretary of a \npatient during the course of furnishing care under this title is \ncarried out only with the full and informed consent of the patient or, \nin appropriate cases, a representative thereof.\n ``(2) The Secretary may waive the requirement for informed consent \nunder paragraph (1) with respect to the visual recording of a patient \nif such recording is made--\n ``(A) pursuant to a determination by a physician or \n psychologist that such recording is medically necessary or \n necessary for the safety of the patient;\n ``(B) pursuant to a warrant or order of a court of \n competent jurisdiction; or\n ``(C) in a public setting where a person would not have a \n reasonable expectation to privacy, such as a waiting room or \n hallway, and such recording is for general security purposes \n not particularized to the patient.\n ``(3) In this subsection, the term `visual recording' means the \nrecording or transmission of images or video, but does not include--\n ``(A) medical imaging, including such imaging produced by \n radiographic procedures, nuclear medicine, endoscopy, \n ultrasound, or other similar procedures; or\n ``(B) images, video, and other clinical information \n transmitted for the purposes of providing treatment through \n telehealth and telemedicine technologies.''.\n Amend the title so as to read: ``A bill to amend title 38, \n United States Code, to direct the Secretary of Veterans Affairs \n to submit to Congress semiannual reports on the cost of certain \n travel made by employees of the Department of Veterans Affairs, \n and for other purposes.''.\n ","summary":"Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government. Or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy and the recording is for general security purposes not particularized to the patient.","title":"Veterans Accountability Act of 2013","text_len":10426,"sum_len":2123} {"bill_id":"107_s1588","text":"SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED \n ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR \n ELECTRONIC TRANSACTIONS AND CODE SETS.\n\n (a) In General.--Notwithstanding section 1175(b)(1)(A) of the \nSocial Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of \ntitle 45 of the Code of Federal Regulations--\n (1) a health care provider shall not be considered to be in \n noncompliance with the applicable requirements of subparts I \n through N of part 162 of title 45 of the Code of Federal \n Regulations before October 16, 2003; and\n (2) a health plan (other than a small health plan) or a \n health care clearinghouse shall not be considered to be in \n noncompliance with the applicable requirements of subparts I \n through R of part 162 of title 45 of the Code of Federal \n Regulations before October 16, 2003.\n (b) Special Rules.--\n (1) Rules of construction.--Nothing in this section shall \n be construed--\n (A) as modifying the October 16, 2003, date for \n compliance of small health plans with subparts I \n through R of part 162 of title 45 of the Code of \n Federal Regulations; or\n (B) as modifying--\n (i) the April 14, 2003, date for compliance \n of a health care provider, a health plan (other \n than a small health plan), or a health care \n clearinghouse with subpart E of part 164 of \n title 45 of the Code of Federal Regulations; or\n (ii) the April 14, 2004, date for \n compliance of a small health plan with subpart \n E of part 164 of title 45 of the Code of \n Federal Regulations.\n (2) Applicability of privacy requirements to certain \n transactions prior to standards compliance date.--\n (A) In general.--Notwithstanding any other \n provision of law, during the period that begins on \n April 14, 2003, and ends on October 16, 2003, a health \n care provider or, subject to subparagraph (C), a health \n care clearinghouse, that transmits any health \n information in electronic form in connection with a \n transaction described in subparagraph (B) shall comply \n with the then applicable requirements of subpart E of \n part 164 of title 45 of the Code of Federal Regulations \n without regard to section 164.106 of subpart A of such \n part or to whether the transmission meets any standard \n formats required by part 162 of title 45 of the Code of \n Federal Regulations.\n (B) Transactions described.--The transactions \n described in this subparagraph are the following:\n (i) A health care claims or equivalent \n encounter information transaction.\n (ii) A health care payment and remittance \n advice transaction.\n (iii) A coordination of benefits \n transaction.\n (iv) A health care claim status \n transaction.\n (v) An enrollment and disenrollment in a \n health plan transaction.\n (vi) An eligibility for a health plan \n transaction.\n (vii) A health plan premium payments \n transaction.\n (viii) A referral certification and \n authorization transaction.\n (ix) A transaction with respect to a first \n report of injury.\n (x) A transaction with respect to health \n claims attachments.\n (C) Application to health care clearinghouses.--For \n purposes of this paragraph, during the period described \n in subparagraph (A), an entity that would otherwise \n meet the definition of health care clearinghouse that \n processes or facilitates the processing of information \n in connection with a transaction described in \n subparagraph (B) shall be deemed to be a health care \n clearinghouse notwithstanding that the entity does not \n process or facilitate the processing of such \n information into any standard formats required by part \n 162 of title 45 of the Code of Federal Regulations.\n (c) Definitions.--In this section--\n (1) the terms ``health care provider'', ``health plan'', \n and ``health care clearinghouse'' have the meaning given those \n terms in section 1171 of the Social Security Act (42 U.S.C. \n 1320d) and section 160.103 of part 160 of title 45 of the Code \n of Federal Regulations;\n (2) the terms ``small health plan'' and ``transaction'' \n have the meaning given those terms in section 160.103 of part \n 160 of title 45 of the Code of Federal Regulations; and\n (3) the terms ``health care claims or equivalent encounter \n information transaction'', ``health care payment and remittance \n advice transaction'', ``coordination of benefits transaction'', \n ``health care claim status transaction'', ``enrollment and \n disenrollment in a health plan transaction'', ``eligibility for \n a health plan transaction'', ``health plan premium payments \n transaction'', and ``referral certification and authorization \n transaction'' have the meanings given those terms in sections \n 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, \n 162.1701, and 162.1301 of part 162 of title 45 of the Code of \n Federal Regulations, respectively.","summary":"Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA). Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected.","title":"A bill to provide a 1-year extension of the date for compliance by certain covered entities with the administrative simplification standards for electronic transactions and code sets issued in accordance with the Health Insurance Portability and Accountability Act of 1996.","text_len":6283,"sum_len":412} {"bill_id":"109_hr3421","text":"SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT.\n\n (a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United \nStates Grain Standards Act (7 U.S.C. 79(j)(4)) is amended by striking \n``September 30, 2005'' and inserting ``September 30, 2010''.\n (b) Weighing and Supervisory Fees.--Section 7A(l)(3) of such Act (7 \nU.S.C. 79a(l)(3)) is amended by striking ``September 30, 2005'' and \ninserting ``September 30, 2010''.\n (c) Limitation on Administrative and Supervisory Costs.--Section 7D \nof such Act (7 U.S.C. 79d) is amended by striking ``2005'' and \ninserting ``2010''.\n (d) Authorization of Appropriations.--Section 19 of such Act (7 \nU.S.C. 87h) is amended by striking ``2005'' and inserting ``2010''.\n (e) Advisory Committee.--Section 21(e) of such Act (7 U.S.C. 87j) \nis amended by striking ``September 30, 2005'' and inserting ``September \n30, 2010''.\n (f) Effective Date.--The amendments made by this section shall take \neffect as of September 30, 2005.\n\nSEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND WEIGHING ACTIVITIES AT \n EXPORT PORT LOCATIONS OF GRAIN UNDER UNITED STATES GRAIN \n STANDARDS ACT.\n\n (a) Official Inspection Authority and Funding.--Section 7 of the \nUnited States Grain Standards Act (7 U.S.C. 79) is amended--\n (1) in subsection (e)--\n (A) by striking ``(e)(1) Except as otherwise \n provided in paragraph (2) of this subsection'' and \n inserting the following:\n ``(e) Official Inspection at Export Port Locations; Use of State \nAgencies and Private Entities.--\n ``(1) In general.--Except as otherwise provided in \n paragraphs (2) and (3)''; and\n (B) by striking paragraph (3) and inserting the \n following:\n ``(3) Use of private entities.--\n ``(A) In general.--If the Secretary determines that \n a person or private entity is qualified to perform \n official inspection and meets the criteria of \n subsection (f)(1)(A), the Secretary may use the person \n or private entity to perform all or specified functions \n involved in official inspection (other than appeal \n inspection and such other functions as may be specified \n in the regulations prescribed under subparagraph (B)) \n at export port locations.\n ``(B) Requirements.--\n ``(i) Regulations.--A person or private \n entity described in subparagraph (A) shall be \n subject to such rules, regulations, \n instructions, and oversight as the Secretary \n may prescribe.\n ``(ii) Responsibility of secretary.--\n Notwithstanding the use of persons or private \n entities to perform specified functions \n involved in official inspections at export port \n locations, official inspection shall continue \n to be the direct responsibility of the \n Secretary.\n ``(C) Termination.--The use of a person or private \n entity to perform official inspections at an export \n port location under subparagraph (A)--\n ``(i) shall terminate at the such time as \n specified by the Secretary, but not later than \n the date that is three years after the date of \n the initial performance of official inspections \n by the person or private entity at the export \n port location; and\n ``(ii) may be terminated by the Secretary, \n at the discretion of the Secretary, at any time \n after notice to the person or private entity \n without opportunity for a hearing.\n ``(D) Renewal.--The use of a person or private \n entity to perform official inspections at an export \n port location under subparagraph (A) may be renewed in \n accordance with the regulations prescribed under \n subparagraph (B).\n ``(E) Reporting requirement.--Not later than \n February 15 of each even-numbered year, the Secretary \n shall submit to Congress a report detailing the \n Secretary's use of the authority provided by \n subparagraph (A), during the preceding two-year period, \n to contract with persons or private entities to perform \n official inspections at export port locations. Each \n report shall identify each export port location at \n which the persons and private entities are used, the \n number of official inspection personnel utilized, and \n the types of official inspection and official weighing \n functions performed.'';\n (2) in subsection (f)--\n (A) in paragraph (1)--\n (i) in the matter preceding subparagraph \n (A)--\n (I) by inserting ``or private \n entity'' after ``or any person''; and\n (II) by striking ``or person'' and \n inserting ``, person, or private \n entity''; and\n (ii) in the matter preceding clause (i) of \n subparagraph (A), by striking ``or person'' \n each place it appears and inserting ``, person, \n or private entity''; and\n (B) in paragraph (4), by striking ``or person'' and \n inserting ``, person, or private entity''; and\n (3) in subsection (j)--\n (A) in the first sentence of paragraph (2), by \n inserting ``and private entity'' after ``each State \n agency''; and\n (B) in the first sentence of paragraph (4), by \n striking ``and State agencies'' and inserting ``and \n delegated State agencies and private entities''.\n (b) Weighing Authority.--Section 7A of the United States Grain \nStandards Act (7 U.S.C. 79a) is amended--\n (1) in subsection (c)(2)--\n (A) in the first sentence--\n (i) by inserting ``or private entity'' \n after ``to the State agency''; and\n (ii) by striking ``agency or person'' each \n place it appears and inserting ``agency, \n private entity, or person''; and\n (B) in the second sentence--\n (i) by striking ``agency or person'' each \n place it appears and inserting ``agency, \n private entity, or person'';\n (ii) by inserting ``or private entity'' \n after ``any person''; and\n (iii) by striking ``agency, or person'' and \n inserting ``agency, private entity, or \n person'';\n (2) in subsection (h), by striking ``agency or person'' and \n inserting ``agency, private entity, or person'';\n (3) in subsection (i)--\n (A) in paragraph (1), by striking ``agency or \n person'' and inserting ``agency, private entity, or \n person''; and\n (B) in paragraph (2), by striking ``or State \n agency'' and inserting ``, State agency, or private \n entity''; and\n (4) in subsection (l)--\n (A) in the first sentence of paragraph (2)--\n (i) by striking ``Each agency'' and \n inserting ``Each agency or private entity'';\n (ii) by inserting ``, private entity,'' \n after ``each agency'';\n (iii) by inserting ``or private entity'' \n after ``the agency''; and\n (iv) by inserting ``and private entities'' \n after ``such agencies''; and\n (B) in paragraph (3)--\n (i) in the first sentence, by inserting ``, \n private entities,'' after ``on agencies''; and\n (ii) in the second sentence, by inserting \n ``or private entity'' after ``by a State''.\n (c) Licenses and Authorizations.--Section 8(g) of the United States \nGrain Standards Act (7 U.S.C. 84(g)) is amended--\n (1) by inserting ``or private entities'' after ``State \n agencies''; and\n (2) by inserting ``or private entities'' after ``all \n persons''.\n\nSEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES FOR DESIGNATED \n OFFICIAL AGENCIES.\n\n (a) Official Inspection.--Subsection (f) of section 7 of such Act \n(7 U.S.C. 79) is amended--\n (1) in paragraph (2), by striking ``Not more than one \n official agency designated under paragraph (1) or State \n delegated authority under subsection (e)(2)'' and inserting \n ``Subject to paragraph (5), not more than one official agency \n designated under paragraph (1)''; and\n (2) by adding at the end the following new paragraph:\n ``(5) The geographic boundary limitations applicable to official \nagencies under paragraph (2) do not apply to export port locations, and \nthe Secretary may use more than one person or private entity selected \nunder subsection (e)(3) to perform official inspections at an export \nport location.''.\n (b) Official Weighing.--Subsection (i) of section 7A of such Act (7 \nU.S.C. 79a) is amended--\n (1) in paragraph (2), by striking ``Not more than one \n designated official agency referred to in paragraph (1) or \n State agency delegated authority pursuant to subsection \n (c)(2)'' and inserting ``Subject to paragraph (3), not more \n than one designated official agency referred to in paragraph \n (1)''; and\n (2) by adding at the end the following new paragraph:\n ``(3) Inapplicability of geographic boundaries to export \n port locations.--The geographic boundary limitations applicable \n to designated official agencies under paragraph (2) do not \n apply to export port locations, and the Secretary may assign \n more than one designated person or private entity to perform \n official weighing at an export port location.''.","summary":"Amends the United States Grain Standards Act to extend: (1) authority for inspection, weighing, and supervisory fees, supervisory and administrative cost limitations, and the advisory committee. And (2) authorization of appropriations. Authorizes with respect to export port locations of grain: (1) private entity performance of official inspection and weighing activities. And (2) use of more than one designated person or entity to perform such activities.","title":"To reauthorize the United States Grain Standards Act, to facilitate the official inspection at export port locations of grain required or authorized to be inspected under such Act, and for other purposes.","text_len":11130,"sum_len":458} {"bill_id":"115_hr2692","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Education Flexibility \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) According to the ``National Survey of Veterans, Active \n Duty Service Members, Demobilized National Guard and Reserve \n Members, Family Members, and Surviving Spouses Final Report'', \n commissioned by the Secretary of Veterans Affairs in 2010, 20.6 \n percent of eligible veterans--approximately 2,621,753 \n veterans--were unable to use their GI bill educational benefits \n because their period of eligibility expired.\n (2) The time limitations for using GI bill educational \n benefits do not reflect the realities of the modern economy of \n the United States. After leaving the service, many veterans \n postpone further education to join the workforce and support \n their families or are faced with lengthy rehabilitations from \n service-related injuries.\n (3) Access to education and job retraining has proved the \n arbiter of success in today's economy, and if the United States \n is to lower the unemployment rate among the veteran population, \n the United States must provide veterans unfettered access to \n educational benefits.\n (b) Purpose.--The purpose of this Act is to remove the delimiting \ndates and retroactively restore the Department of Veterans Affairs \nEducational benefits within the Post-Vietnam Era Veterans' Educational \nAssistance Program (VEAP), Montgomery GI Bill-Active Duty (MGIB-AD), \nand Post-9\/11 GI Bill.\n\nSEC. 3. ELIMINATION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND \n ENTITLEMENT TO EDUCATIONAL ASSISTANCE.\n\n (a) Montgomery GI Bill-Active Duty.--\n (1) In general.--Section 3031 of chapter 30 of title 38, \n United States Code, is amended to read as follows:\n``Sec. 3031. Extension of entitlement to educational assistance \n expiring during a quarter or semester or after a major \n portion of a course is complete\n ``(a) Educational Institutions Operating on Quarter or Semester \nSystem.--If an individual eligible for educational assistance under \nthis chapter is enrolled under this chapter in an educational \ninstitution regularly operated on the quarter or semester system and \nthe period of such individual's entitlement under this chapter would, \nunder section 3013, expire during a quarter or semester, such period \nshall be extended to the end of such quarter or semester.\n ``(b) Other Educational Institutions.--If an individual eligible \nfor educational assistance under this chapter is enrolled under this \nchapter in an educational institution not regularly operated on the \nquarter or semester system and the period of such individual's \nentitlement under this chapter would, under section 3013, expire after \na major portion of the course is completed, such period shall be \nextended to the end of the course or for 12 weeks, whichever is the \nlesser period of extension.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by striking the item \n relating to section 3031 and inserting the following new item:\n\n``3031. Extension of entitlement to educational assistance expiring \n during a quarter or semester or after a \n major portion of a course is complete.''.\n (3) Conforming amendments.--Chapter 33 of title 38, United \n States Code, is amended--\n (A) in section 3018C(e)(3)(B)--\n (i) by striking ``(i) The Secretary'' and \n inserting ``The Secretary''; and\n (ii) by striking clause (ii); and\n (B) in section 3020--\n (i) in subsection (f)(1), by striking \n ``Subject to the time limitation for use of \n entitlement under section 3031 of this title, \n an'' and inserting ``An''; and\n (ii) in subsection (h), by striking \n ``Notwithstanding section 3031 of this title, \n a'' and inserting ``A''.\n (b) Post-Vietnam Era Veterans' Educational Assistance Program.--\n (1) In general.--Section 3232 of title 38, United States \n Code, is amended--\n (A) by striking subsections (a) and (b); and\n (B) by redesignating subsections (c) and (d) as \n subsections (a) and (b), respectively.\n (2) Conforming amendment.--Section 3035(b)(1) of title 38, \n United States Code, is amended by striking ``and from'' and all \n that follows through ``title''.\n (c) Post-9\/11 GI Bill.--\n (1) In general.--Section 3321 of chapter 30 of title 38, \n United States Code, is amended to read as follows:\n``Sec. 3321. Extension of entitlement to educational assistance \n expiring during a quarter or semester or after a major \n portion of a course is complete\n ``Section 3031 shall apply with respect to the termination of an \nindividual's entitlement to educational assistance under this chapter \nin the same manner as such section applies to the termination of an \nindividual's entitlement to educational assistance under chapter 30, \nexcept that, in the administration of such section for purposes of this \nchapter, the reference to section 3013 shall be deemed to be a \nreference to section 3312 of this title.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by striking the item \n relating to section 3321 and inserting the following new item:\n\n``3321. Extension of entitlement to educational assistance expiring \n during a quarter or semester or after a \n major portion of a course is complete.''.\n (3) Conforming amendments.--Chapter 33 of title 38, United \n States Code, is amended--\n (A) in section 3312(b), by striking ``3321(b)(2)'' \n and inserting ``3321'';\n (B) in section 3319--\n (i) in subsection (f)(1), by striking \n ``Subject to'' and all that follows through \n ``an'' and inserting ``An''; and\n (ii) in subsection (h)(5)(A), by striking \n ``may use'' and all that follows through \n ``but''.\n (d) Conforming Amendments for Reserve Component Programs.--\n (1) Selected reserve.--Section 16133(b) of title 10, United \n States Code, is amended--\n (A) in paragraph (2), by striking ``section \n 3031(f)'' and inserting ``subsections (a) and (b) of \n section 3031''; and\n (B) in paragraph (3), by inserting ``, as such \n section existed on the day before the date of the \n enactment of the Veterans Education Flexibility Act,'' \n after ``title 38''.\n (2) Other reserve components.--Section 16164(b)(2) of title \n 10, United States Code, is amended to read as follows:\n ``(2) The following provisions shall apply to the period of \nentitlement prescribed by paragraph (1):\n ``(A) Subsections (a) and (b) of section 3031 of title 38.\n ``(B) Subsection (d) of section 3031 of title 38, as such \n subsection existed on the day before the date of the enactment \n of the Veterans Education Flexibility Act.''.\n (e) Applicability.--The amendments made by this section shall apply \nwith respect to any individual who has been entitled to educational \nassistance under chapters 30, 32, or 33 of title 38, United States \nCode. For purposes of determining the number of months of entitlement \nto such educational assistance that an individual is entitled to, the \nSecretary of Veterans Affairs shall disregard any delimiting date \neliminated by this Act that occurred before the date of the enactment \nof this Act.","summary":"Veterans Education Flexibility Act This bill declares that, if an individual eligible for educational assistance under the all-volunteer force educational assistance program of the Department of Veterans Affairs is enrolled in an educational institution and the period of entitlement would expire during a quarter or semester of enrollment, the period shall be extended to the end of that period . The bill: (1) repeals the delimiting period for the use of assistance under the post-Vietnam era veterans' educational assistance program , and (2) applies the assistance extension provided under the all-volunteer force educational assistance program to the post-911 veterans' educational assistance program.","title":"Veterans Education Flexibility Act","text_len":8342,"sum_len":706} {"bill_id":"115_hr536","text":".\n\n (a) Holding Salaries in Escrow.--\n (1) In general.--If by April 15, 2017, a House of Congress \n has not agreed to a concurrent resolution on the budget for \n fiscal year 2018 pursuant to section 301 of the Congressional \n Budget Act of 1974, during the period described in paragraph \n (2) the payroll administrator of that House of Congress shall \n deposit in an escrow account all payments otherwise required to \n be made during such period for the compensation of Members of \n Congress who serve in that House of Congress, and shall release \n such payments to such Members only upon the expiration of such \n period.\n (2) Period described.--With respect to a House of Congress, \n the period described in this paragraph is the period which \n begins on April 16, 2017, and ends on the earlier of--\n (A) the day on which the House of Congress agrees \n to a concurrent resolution on the budget for fiscal \n year 2018 pursuant to section 301 of the Congressional \n Budget Act of 1974; or\n (B) the last day of the One Hundred Fifteenth \n Congress.\n (3) Withholding and remittance of amounts from payments \n held in escrow.--The payroll administrator shall provide for \n the same withholding and remittance with respect to a payment \n deposited in an escrow account under paragraph (1) that would \n apply to the payment if the payment were not subject to \n paragraph (1).\n (4) Release of amounts at end of the congress.--In order to \n ensure that this section is carried out in a manner that shall \n not vary the compensation of Senators or Representatives in \n violation of the twenty-seventh article of amendment to the \n Constitution of the United States, the payroll administrator of \n a House of Congress shall release for payments to Members of \n that House of Congress any amounts remaining in any escrow \n account under this section on the last day of the One Hundred \n Fifteenth Congress.\n (5) Role of secretary of the treasury.--The Secretary of \n the Treasury shall provide the payroll administrators of the \n Houses of Congress with such assistance as may be necessary to \n enable the payroll administrators to carry out this section.\n (b) Treatment of Delegates as Members.--In this section, the term \n``Member of Congress'' includes a Delegate or Resident Commissioner to \nthe Congress.\n (c) Payroll Administrator Defined.--In this section, the term \n``payroll administrator'' of a House of Congress means--\n (1) in the case of the House of Representatives, the Chief \n Administrative Officer of the House of Representatives, or an \n employee of the Office of the Chief Administrative Officer who \n is designated by the Chief Administrative Officer to carry out \n this section; and\n (2) in the case of the Senate, the Secretary of the Senate, \n or an employee of the Office of the Secretary of the Senate who \n is designated by the Secretary to carry out this section.\n\nSEC. 3. DETERMINATION OF COMPLIANCE WITH STATUTORY REQUIREMENT TO \n SUBMIT THE PRESIDENT'S BUDGET.\n\n Not later than 3 days after the President's budget is due, the \nInspector General of the Office of Personnel Management shall--\n (1) make an annual determination of whether the Director of \n the Office of Management and Budget (OMB) and the President are \n in compliance with section 1105 of title 31, United States \n Code; and\n (2) provide a written notification of such determination to \n the Chairpersons of the Committee on the Budget and the \n Committee on Appropriations of the Senate and the Chairpersons \n of the Committee on the Budget and the Committee on \n Appropriations of the House of Representatives.\n\nSEC. 4. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S BUDGET TO \n CONGRESS.\n\n (a) In General.--Notwithstanding any other provision of law, no \nfunds may be appropriated or otherwise be made available from the \nUnited States Treasury for the pay of the Director of OMB, Deputy \nDirector of OMB, and the Deputy Director for Management of OMB during \nany period of noncompliance determined by the Inspector General of the \nOffice of Personnel Management under section 3.\n (b) No Retroactive Pay.--The Director of OMB, Deputy Director of \nOMB, and the Deputy Director for Management of OMB may not receive pay \nfor any period of noncompliance determined by the Inspector General of \nthe Office of Personnel Management under section 3 at any time after \nthe end of that period.\n\nSEC. 5. EFFECTIVE DATE.\n\n Sections 3 and 4 shall take effect upon the date of enactment of \nthis Act.","summary":"Protection From Obamacare Mandates and Congressional Equity Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The Inspector General of the Office of Personnel Management (OPM), by three days after the President's budget is due, shall: (1) make an annual determination of whether the Office of Management and Budget (OMB) and the President are in compliance with statutory requirements for the President's annual budget submission to Congress, and (2) provide a written notification of such determination to specified congressional committees. No funds may be appropriated or otherwise be made available from the Treasury for the pay of the Director, Deputy Director, and Deputy Director for Management of the OMB during any period of noncompliance determined by the OPM Inspector General. Such officials may not receive pay for any period of noncompliance at any time after the end of that period.","title":"Protection From Obamacare Mandates and Congressional Equity Act","text_len":5006,"sum_len":1206} {"bill_id":"105_hr2878","text":"SECTION 1. LOAN PROGRAM FOR SCHOOL FACILITIES IMPROVEMENT.\n\n Title XII of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 8501 et seq.) is amended to read as follows:\n\n ``TITLE XII--SCHOOL FACILITIES IMPROVEMENT ACT\n\n``SEC. 12001. FINDINGS.\n\n ``The Congress finds the following:\n ``(1) According to a 1991 survey conducted by the American \n Association of School Administrators, 74 percent of all public \n school buildings in the United States need to be replaced.\n ``(2) Almost one-third of such buildings were built prior \n to World War II.\n ``(3) It is estimated that 1 of every 4 public school \n buildings in the United States is in inadequate condition, and \n of such buildings, 61 percent need maintenance or major \n repairs, 43 percent are obsolete, 42 percent contain \n environmental hazards, 25 percent are overcrowded, and 13 \n percent are structurally unsound.\n ``(4) According to a 1996 General Accounting Office report, \n 14,000,000 students attend schools in which 1 or more school \n buildings (original, additional, or temporary) are in need of \n extensive repair or replacement.\n ``(5) Large numbers of local educational agencies have \n difficulties securing financing for school facility \n improvement.\n\n``SEC. 12002. PURPOSE.\n\n ``The purpose of this title is to leverage limited Federal funds to \nenable local educational agencies to finance the costs associated with \nthe improvement of school facilities within their jurisdiction.\n\n``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF LOANS.\n\n ``(a) Authority and Conditions for Loans.--To assist local \neducational agencies in the construction of schools to replace schools \nwhich are 50 years of age or older, or in the reconstruction or \nrenovation of schools which are 50 years of age or older, the Secretary \nmay make loans of funds to such agencies for the construction, \nreconstruction, or renovation of such schools. Such assistance shall \nonly be provided--\n ``(1) to local educational agencies eligible for grants \n under section 1124A, schools located on Indian reservations, or \n local educational agencies eligible for payments under sections \n 8003 and 8004; and\n ``(2) if the Secretary finds that such constructions will \n be undertaken in an economical manner, and that any such \nconstruction, reconstruction or renovation is not or will not be of \nelaborate or extravagant design or materials.\n ``(b) Priorities.--\n ``(1) In general.--In approving loans under this title, the \n Secretary shall consider--\n ``(A) the difficulty of the applicant in securing \n affordable financing from other sources;\n ``(B) the threat the condition of the physical \n plant poses to the safety and well-being of students;\n ``(C) the demonstrated need for the construction, \n reconstruction, or renovation as based on the condition \n of the facility; and\n ``(D) the age of the facility to be renovated or \n replaced.\n ``(2) Preference.--In approving loans under this title, the \n Secretary shall give preference to applicants from States that \n have made a loan to the applicant in an amount not less than 25 \n percent of the amount of the loan amount requested in the \n application and for the purpose described in the application.\n ``(c) Amount and Conditions of Loans.--A loan to a local \neducational agency--\n ``(1) may be in an amount not exceeding the total \n development cost of the facility, as determined by the \n Secretary;\n ``(2) shall be secured in such manner, as may be determined \n by the Secretary;\n ``(3) shall be repaid within 30 years; and\n ``(4) shall bear interest at a rate, determined by the \n Secretary, that will cover the cost (as defined in section 502 \n of the Federal Credit Reform Act of 1990) of the loan, and the \n administrative cost to the Federal Government of the loan.\n\n``SEC. 12004. FEDERAL ASSISTANCE IN THE FORM OF DEBT GUARANTEES.\n\n ``(a) Authority and Conditions for Debt Guarantees.--To assist \nlocal educational agencies in the construction of schools to replace \nschools which are 50 years of age or older, or in the reconstruction or \nrenovation of schools which are 50 years of age or older, the Secretary \nmay guarantee and make commitments to guarantee eligible debt \ninstruments issued by such agencies for the construction, \nreconstruction, or renovation of such schools. Such assistance shall \nonly be provided--\n ``(1) to local educational agencies eligible for grants \n under section 1124A, schools located on Indian reservations, or \n local educational agencies eligible for payments under sections \n 8003 and 8004; and\n ``(2) if the Secretary finds that such constructions will \n be undertaken in an economical manner, and that any such \n construction, reconstruction or renovation is not or will not \n be of elaborate or extravagant design or materials.\n ``(b) Priorities.--\n ``(1) In general.--In approving debt guarantees under this \n title, the Secretary shall consider--\n ``(A) the difficulty of the applicant in securing \n affordable financing guarantees from other sources;\n ``(B) the threat the condition of the physical \n plant poses to the safety and well-being of students;\n ``(C) the demonstrated need for the construction, \n reconstruction, or renovation as based on the condition \n of the facility; and\n ``(D) the age of the facility to be renovated or \n replaced.\n ``(2) Preference.--In approving debt guarantees under this \n title, the Secretary shall give preference to applicants from \n States that have made a loan to the applicant for the purpose \n described in the application and in an amount not less than 25 \n percent of the aggregate principal amount of the debt \n instruments to be guaranteed.\n ``(c) Amount and Conditions of Guarantees.--A debt guarantee to a \nlocal educational agency--\n ``(1) may be in an amount not exceeding the total \n development cost of the facility, as determined by the \n Secretary;\n ``(2) shall be secured in such manner, as may be determined \n by the Secretary; and\n ``(3) shall be made only with respect to debt instruments \n that--\n ``(A) have a maturity of 30 years;\n ``(B) bear interest at a maximum rate, determined \n by the Secretary taking into account the interest rate \n paid by the Federal Government with respect to Federal \n debt instruments of a similar nature; and\n ``(C) otherwise are in such form and denomination, \n and are subject to such other conditions, as the \n Secretary shall prescribe.\n ``(d) Full Faith and Credit.--The full faith and credit of the \nUnited States is hereby pledged to the payment of all guarantees made \nunder this section. Any such guarantee made by the Secretary shall be \nconclusive evidence of the eligibility of the debt instrument for such \nguarantee with respect to principal and interest, and the validity of \nany such guarantee so made shall be incontestable in the hands of a \nholder of the guaranteed debt instrument.\n\n``SEC. 12005. GENERAL PROVISIONS.\n\n ``(a) Budget and Accounting.--In the performance of, and with \nrespect to, the functions, powers, and duties under this title, the \nSecretary, notwithstanding the provisions of any other law, shall--\n ``(1) prepare annually and submit a budget program as \n provided for wholly owned Government corporations by chapter 91 \n of title 31, United States Code; and\n ``(2) maintain a set of accounts which shall be audited by \n the Comptroller General in accordance with the provisions of \n chapter 35 of title 31, United States Code.\n ``(b) Use of Funds.--Funds made available to the Secretary pursuant \nto the provisions of this title shall be deposited in a checking \naccount or accounts with the Treasurer of the United States. Receipts \nand assets obtained or held by the Secretary in connection with the \nperformance of functions under this title, and all funds available for \ncarrying out the functions of the Secretary under this title (including \nappropriations therefor, which are hereby authorized), shall be \navailable, in such amounts as may from year to year be authorized by \nthe Congress, for the administrative expenses of the Secretary in \nconnection with the performance of such functions.\n ``(c) Legal Powers.--In the performance of, and with respect to, \nthe functions, powers, and duties under this title, the Secretary, \nnotwithstanding the provisions of any other law, may--\n ``(1) prescribe such rules and regulations as may be \n necessary to carry out the purposes of this title;\n ``(2) sue and be sued;\n ``(3) foreclose on any property or commence any action to \n protect or enforce any right conferred upon the Secretary by \n any law, contract, or other agreement, and bid for and purchase \n at any foreclosure or any other sale any property in connection \n with which the Secretary has made a loan pursuant to this \n title;\n ``(4) in the event of any such acquisition, notwithstanding \n any other provision of law relating to the acquisition, \n handling, or disposal of real property by the United States, \n complete, administer, remodel and convert, dispose of, lease, \n and otherwise deal with, such property, but any such \n acquisition of real property shall not deprive any State or \n political subdivision thereof of its civil or criminal \n jurisdiction in and over such property or impair the civil \n rights under the State or local laws of the inhabitants on such \n property;\n ``(5) sell or exchange at public or private sale, or lease, \n real or personal property, and sell or exchange any securities \n or obligations, upon such terms as the Secretary may fix;\n ``(6) obtain insurance against loss in connection with \n property and other assets held; and\n ``(7) include in any contract or instrument made pursuant \n to this title such other covenants, conditions, or provisions \n as may be necessary to assure that the purposes of this title \n will be achieved.\n ``(d) Contracts for Supplies or Services.--Section 3709 of the \nRevised Statutes shall not apply to any contract for services or \nsupplies on account of any property acquired pursuant to this title if \nthe amount of such contract does not exceed $1,000.\n ``(e) Applicability of Government Corporation Control Act.--The \nprovisions of section 9107(a) of title 31, United States Code, which \nare applicable to corporations or agencies subject to chapter 91 of \nsuch title, shall also be applicable to the activities of the Secretary \nunder this title.\n ``(f) Labor Standards.--\n ``(1) Laborers and mechanics.--All laborers and mechanics \n employed by contractors or subcontractors in the performance of \n any contract or subcontract for the repair, renovation, \n alteration, or construction, including painting or decorating, \n of any building or work that is financed in whole or in part by \n a grant, loan, or debt guarantee under this title, shall be \n paid wages not less than those determined by the Secretary of \n Labor in accordance with the Act of March 3, 1931 (Davis Bacon \n Act), as amended. The Secretary of Labor shall have the \n authority and functions set forth in Reorganization Plan Number \n 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 276c of \n title 40.\n ``(2) Exceptions.--The requirements of this subsection \n shall not apply to an individual--\n ``(A) who volunteers--\n ``(i) to perform a service directly to a \n local educational agency for civic, charitable, \n or humanitarian reasons, without promise, \n expectation, or receipt of compensation for \n services rendered, other than expenses, \n reasonable benefits, or a nominal fee (as \n defined in subsection (b) of this section), but \n solely for the personal purpose or pleasure of \n the individual; and\n ``(ii) to provide such service freely and \n without pressure or coercion, direct or \n implied, from any employer;\n ``(B) whose contribution of service is not for the \n direct or indirect benefit of any contractor otherwise \n performing or seeking to perform work on the same \n project for which the individual is volunteering;\n ``(C) who is not employed by and does not provide \n services to a contractor or subcontractor at any time \n on any contract or subcontract for the repair, \n renovation, alteration, or construction, including \n painting or decorating, of any building or work that is \n financed in part by a loan, or debt guarantee under \n this subchapter, for which the individual is \n volunteering; and\n ``(D) who is not otherwise employed by the same \n local educational agency to perform the same type of \n services as those for which the individual proposes to \n volunteer.\n ``(3) Payments to volunteers.--Payments of expenses, \n reasonable benefits, or a nominal fee may be provided to \n volunteers described in paragraph (2) of this subsection only \n in accordance with regulations issued by the Secretary of \n Labor. In prescribing the regulations, the Secretary shall take \n into consideration criteria such as the total amount of \n payments made (relating to expenses, benefits, or fees) in the \n context of the economic realities. The regulations shall \n include provisions that provide that--\n ``(A) a payment for an expense may be received by a \n volunteer for items such as uniform allowances, \n protective gear and clothing, reimbursement for \n approximate out-of-pocket expenses, or for the cost or \n expense of meals and transportation;\n ``(B) a reasonable benefit may include the \n inclusion of a volunteer in a group insurance plan \n (such as a liability, health, life, disability, or \n worker's compensation plan) or pension plan, or the \n awarding of a length of service award; and\n ``(C) a nominal fee may not be used as a substitute \n for compensation and may not be connected to \n productivity.\n The decision as to what constitutes a nominal fee for purposes \n of subparagraph (C) shall be determined based on the context of \n the economic realities of the situation involved and shall be \n made by the Secretary of Labor.\n ``(4) Determination of payment.--For purposes of paragraph \n (2) of this subsection, in determining whether an expense, \n benefit, or fee described in such subsection may be paid to \n volunteers in the context of the economic realities of the \n particular situation, the Secretary of Labor may not permit any \n such expense, benefit, or fee that has the effect of \n undermining labor standards by creating downward pressure on \n prevailing wages in the local construction industry.\n ``(g) Limitations.--\n ``(1) Successive loans.--No loan or bond guarantee shall be \n made under this title to any local educational agency until 5 \n years after the date on which a previous loan or bond guarantee \n to that agency was made under this title, unless the loan is \n intended to be used to construct or reconstruct a facility \n damaged as a result of a natural disaster, as declared by the \n President.\n ``(2) Schools in one state.--Not more than 12.5 percent of \n the amount of the funds annually provided for in this title in \n the form of loans or bond guarantees shall be made available to \n educational institutions within any one State.\n\n``SEC. 12006. DEFINITION.\n\n ``The term `school' is defined as public structures suitable for \nuse as classrooms, laboratories, libraries, and related facilities, the \nprimary purpose of which is the instruction of elementary and secondary \nschool students.\n\n``SEC. 12007. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this title, \n$200,000,000 for fiscal year 1999 and such sums as may be necessary for \neach of the 4 succeeding fiscal years.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to: (1) revise and rename title XII the School Facilities Improvement Act. And (2) establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools which are 50 years of age or older. Sets forth program eligibility requirements, priorities, preferences, and amounts and conditions of such loans and debt instrument guarantees. Authorizes appropriations.","title":"To amend the Elementary and Secondary Education Act of 1965 to establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools.","text_len":17873,"sum_len":532} {"bill_id":"107_hr1898","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Commerce Enhancement \nAct''.\n\nSEC. 2. REFERENCES.\n\n Except as otherwise specifically provided in this Act, whenever in \nthis Act an amendment or repeal is expressed as the amendment or repeal \nof a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Arms Export Control Act \n(22 U.S.C. 2751 et seq.).\n\nSEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS.\n\n (a) Value of Defense Articles and Services.--Section 3(d) (22 \nU.S.C. 2753(d)) is amended in paragraphs (1) and (3)(A)--\n (1) by striking ``$14,000,000'' each place it appears and \n inserting ``$25,000,000''; and\n (2) by striking ``$50,000,000'' each place it appears and \n inserting ``$85,000,000''.\n (b) Transfers With Respect to NATO and Major Non-NATO Countries.--\nSection 3(d) (22 U.S.C. 2753(d)) is amended--\n (1) in paragraph (2)--\n (A) in subparagraph (A), by striking ``Except as \n provided in subparagraph (B), unless'' and inserting \n ``Unless''; and\n (ii) in subparagraph (B) to read as \n follows:\n ``(B) Subparagraph (A) shall not apply in the case of a proposed \ntransfer to the North Atlantic Treaty Organization, or any member \ncountry of such Organization, Japan, Australia, or New Zealand.''; and\n (iii) in subparagraph (C), by striking ``or \n (B)''; and\n (2) in paragraph (3)--\n (A) in the second sentence of subparagraph (A), by \n striking ``shall be submitted'' and all that follows \n through ``unless the President'' and inserting ``shall \n be submitted at least 30 calendar days before such \n consent is given in the case of a transfer to a country \n other than a country which is a member of the North \n Atlantic Treaty Organization, Japan, Australia, or New \n Zealand, unless the President'';\n (B) in the third sentence of subparagraph (A), by \n striking ``(thus waiving the requirements of clause (i) \n or (ii), as the case may be, and of subparagraph \n (B))''; and\n (C) in subparagraph (B)--\n (i) by striking ``15-day or''; and\n (ii) by striking ``subparagraph (A)(i) or \n (ii), as the case may be,'' and inserting \n ``subparagraph (A)''.\n\nSEC. 4. MILITARY EXPORT CONTROLS.\n\n (a) Value of Defense Articles and Services.--Section 36 (22 U.S.C. \n2776) is amended in the first sentence of subsections (b)(1) and \n(c)(1)--\n (1) by striking ``$14,000,000'' each place it appears and \n inserting ``$25,000,000''; and\n (2) by striking ``$50,000,000'' each place it appears and \n inserting ``$85,000,000''.\n (b) Transfers With Respect to NATO and Major Non-NATO Countries.--\nSection 36 (22 U.S.C. 2776) is amended--\n (1) in subsection (b)--\n (A) in the matter following subparagraph (P) of \n paragraph (1), by striking ``proposed sale to the North \n Atlantic Treaty Organization, any member country of \n such Organization, Japan, Australia, or New Zealand, if \n the Congress, within fifteen calendar days after \n receiving such certification, or with respect to a \n proposed sale to any other country or organization,'' \n and inserting ``proposed sale to a country other than a \n country which is a member of the North Atlantic Treaty \n Organization, Japan, Australia, or New Zealand, or to \n any other organization,''; and\n (B) in paragraph (2), strike ``, except that for \n purposes of consideration of any joint resolution'' and \n all that follows through ``its introduction'';\n (2) in subsection (c)(2)--\n (A) in subparagraph (A)--\n (i) by striking ``the North Atlantic Treaty \n Organization, any member country of that \n Organization, Japan, Australia, or New \n Zealand'' and inserting ``a country other than \n a country which is a member of the North \n Atlantic Treaty Organization, Japan, Australia, \n or New Zealand, or to any other organization'';\n (ii) by striking ``15'' each place it \n appears and inserting ``30''; and\n (iii) by adding ``and'' at the end;\n (B) in subparagraph (B), by striking ``; and'' and \n inserting a period; and\n (C) by striking subparagraph (C); and\n (3) in subsection (d)--\n (A) in paragraph (2), by striking ``shall be \n submitted'' and all that follows through ``unless the \n President'' and inserting ``shall be submitted at least \n 30 days before approval is given in the case of an \n agreement for or in a country other than a country \n which is a member of the North Atlantic Treaty \n Organization, Japan, Australia, or New Zealand, unless \n the President''; and\n (B) in paragraph (4)--\n (i) by striking ``15-day or''; and\n (ii) by striking ``paragraph (2)(A) or (B), \n as the case may be,'' and inserting ``paragraph \n (2)''.\n (c) License Applications for Commercial Sales.--Section 36(c)(1) \n(22 U.S.C. 2776(c)(1)) is amended in the first sentence by striking \n``sold under a contract'' each place it appears and inserting ``to be \nsold under a contract, proposed contract, or formal proposal of sale''.\n\nSEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR COOPERATIVE \n RESEARCH AND DEVELOPMENT PURPOSES.\n\n (a) Value of Defense Articles.--Section 63(a) (22 U.S.C. 2796b(a)) \nis amended--\n (1) by striking ``$14,000,000'' and inserting \n ``$25,000,000''; and\n (2) by striking ``$50,000,000'' and inserting \n ``$85,000,000''.\n (b) Transfers With Respect to NATO and Major Non-NATO Countries.--\nChapter 6 (22 U.S.C. 2796) is amended--\n (1) in section 62(c), by striking ``shall be transmitted'' \n and all that follows through ``organization or country'' and \n inserting ``shall be transmitted not less than 30 calendar days \n before the agreement is entered into or renewed in the case of \n an agreement with a country other than a country which is a \n member of the North Atlantic Treaty Organization, Japan, \n Australia, or New Zealand, or any other organization''; and\n (2) in section 63(a)--\n (A) by striking ``15-day or''; and\n (B) by striking ``section 62(c) (1) or (2), as the \n case may be,'' and inserting ``section 62(c)''.","summary":"International Commerce Enhancement Act - Amends the Arms Export Control Act to increase threshold values of major defense equipment or defense articles or related training or other defense services whose transfer or lease to foreign countries would require a presidential certification to Congress. Exempts from specified congressional oversight requirements any such transfers to North Atlantic Treaty Organization (NATO) countries, Japan, Australia, or New Zealand.","title":"To amend the Arms Export Control Act to update the export licensing requirements under that Act, and for other purposes.","text_len":7463,"sum_len":467} {"bill_id":"114_hr2076","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marijuana Businesses Access to \nBanking Act of 2015''.\n\nSEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.\n\n A Federal banking regulator may not--\n (1) terminate or limit the deposit insurance or \n share insurance of a depository institution under the \n Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) \n or the Federal Credit Union Act (12 U.S.C. 1751 et \n seq.) solely because the depository institution \n provides or has provided financial services to a \n marijuana-related legitimate business;\n (2) prohibit, penalize, or otherwise discourage a \n depository institution from providing financial \n services to a marijuana-related legitimate business;\n (3) recommend, incentivize, or encourage a \n depository institution not to offer financial services \n to an individual, or to downgrade or cancel the \n financial services offered to an individual solely \n because--\n (A) the individual is a manufacturer or \n producer, or is the owner or operator of a \n marijuana-related legitimate business;\n (B) the individual later becomes an owner \n or operator of a marijuana-related legitimate \n business; or\n (C) the depository institution was not \n aware that the individual is the owner or \n operator of a marijuana-related legitimate \n business; and\n (4) take any adverse or corrective supervisory \n action on a loan made to an owner or operator of--\n (A) a marijuana-related legitimate \n business, solely because the owner or operator \n owns or operates a marijuana-related legitimate \n business; or\n (B) real estate or equipment that is leased \n to a marijuana-related legitimate business, \n solely because the owner or operator of the \n real estate or equipment leased the equipment \n or real estate to a marijuana-related \n legitimate business.\n\nSEC. 3. PROTECTIONS UNDER FEDERAL LAW.\n\n (a) In General.--In a State or political subdivision of a State \nthat allows the cultivation, production, manufacture, sale, \ntransportation, display, dispensing, distribution, or purchase of \nmarijuana pursuant to a law or regulation of such State or political \nsubdivision, a depository institution that provides financial services \nto a marijuana-related legitimate business, and the officers, \ndirectors, and employees of that depository institution may not be held \nliable pursuant to any Federal law or regulation--\n (1) solely for providing such financial services pursuant \n to the law or regulation of such State or political \n subdivision; or\n (2) for further investing any income derived from such \n financial services.\n (b) Forfeiture.--A depository institution that has a legal interest \nin the collateral for a loan made to an owner or operator of a \nmarijuana-related legitimate business, or to an owner or operator of \nreal estate or equipment that is leased to a marijuana-related \nlegitimate business, shall not be subject to criminal, civil, or \nadministrative forfeiture of that legal interest pursuant to any \nFederal law for providing such loan.\n\nSEC. 4. RULE OF CONSTRUCTION.\n\n Nothing in this Act shall require a depository institution to \nprovide financial services to a marijuana-related legitimate business.\n\nSEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.\n\n Section 5318(g) of title 31, United States Code, is amended by \nadding at the end the following:\n ``(5) Requirements for marijuana-related businesses.--\n ``(A) In general.--If a financial institution or \n any director, officer, employee, or agent of a \n financial institution reports a suspicious transaction \n pursuant to this subsection, and the reason for the \n report relates to a marijuana-related business, the \n Secretary shall require that such report complies with \n the requirements of the guidance issued by the \n Financial Crimes Enforcement Network titled `BSA \n Expectations Regarding Marijuana-Related Businesses' \n (FIN-2014-G001; published on February 14, 2014). The \n Secretary may issue additional regulations or guidance \n as necessary to ensure that reports of suspicious \n transactions do not inhibit the provision of financial \n services to marijuana-related legitimate businesses in \n a State or political subdivision of a State that has \n allowed the cultivation, production, manufacture, sale, \n transportation, display, dispensing, distribution, or \n purchase of marijuana pursuant to law or regulation of \n such State or political subdivision.\n ``(B) Definition.--In this paragraph, the term \n `marijuana-related legitimate business' has the meaning \n given such term in the Marijuana Businesses Access to \n Banking Act of 2015.''.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Depository institution.--The term ``depository \n institution'' means--\n (A) a depository institution as defined in section \n 3(c) of the Federal Deposit Insurance Act (12 U.S.C. \n 1813(c));\n (B) a Federal credit union as defined in section \n 101 of the Federal Credit Union Act (12 U.S.C. 1752); \n or\n (C) a State credit union as defined in section 101 \n of the Federal Credit Union Act (12 U.S.C. 1752).\n (2) Federal banking regulator.--The term ``Federal banking \n regulator'' means each of the Board of Governors of the Federal \n Reserve System, the Bureau of Consumer Financial Protection, \n the Federal Deposit Insurance Corporation, the Office of the \n Comptroller of the Currency, the National Credit Union \n Administration, or any Federal agency or department that \n regulates banking or financial services, as determined by the \n Secretary of the Treasury.\n (3) Financial service.--The term ``financial service'' \n means a financial product or service as defined in section 1002 \n of the Dodd-Frank Wall Street Reform and Consumer Protection \n Act (12 U.S.C. 5481).\n (4) Manufacturer.--The term ``manufacturer'' means a person \n who manufactures, compounds, converts, processes, prepares, or \n packages marijuana or marijuana products.\n (5) Marijuana-related legitimate business.--The term \n ``marijuana-related legitimate business'' means a manufacturer, \n producer, or any person that--\n (A) participates in any business or organized \n activity that involves handling marijuana or marijuana \n products, including cultivating, producing, \n manufacturing, selling, transporting, displaying, \n dispensing, distributing, or purchasing marijuana or \n marijuana products; and\n (B) engages in such activity pursuant to a law or \n regulation of by a State or a political subdivision of \n a State.\n (6) Marijuana.--The term ``marijuana'' has the meaning \n given the term ``marihuana'' in section 102 of the Controlled \n Substances Act (21 U.S.C. 802).\n (7) Marijuana product.--The term ``marijuana product'' \n means any article which contains marijuana, including an \n article which is a concentrate, an edible, a tincture, a \n marijuana-infused product, or a topical.\n (8) Producer.--The term ``producer'' means a person who \n plants, cultivates, harvests, or in any way facilitates the \n natural growth of marijuana.\n (9) State.--The term ``State'' means each of the several \n States, the District of Columbia, Puerto Rico, and any \n territory or possession of the United States.","summary":"Marijuana Businesses Access to Banking Act of 2015 This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business. Or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services. A federal banking regulator may neither recommend, motivate, provide incentives, nor encourage a depository institution to refuse to offer financial services to an individual, nor downgrade or cancel financial services offered to an individual, solely because the individual: (1) is a manufacturer, producer, owner or operator of a marijuana-related legitimate business. Or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. A federal banking regulator may not take any adverse or corrective supervisory action, solely because of the business involved, on a loan made to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Immunity from federal criminal prosecution or investigation is granted, subject to certain conditions, to a depository institution that provides financial services to a marijuana-related legitimate business in a state or one of its political subdivisions that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. Neither the depository institution nor its officers, directors, nor employees may be held liable under federal law or regulation solely for providing such financial services or further investing income derived from those services. The Department of the Treasury must require any suspicious activity report filed by a financial institution regarding a marijuana-based business to comply with specified guidance of the Financial Crimes Enforcement Network.","title":"Marijuana Businesses Access to Banking Act of 2015","text_len":8855,"sum_len":2192} {"bill_id":"110_hr6497","text":"SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND \n CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN \n AND FORCED TO PERFORM SLAVE LABOR DURING WORLD WAR II.\n\n (a) Findings.--Congress makes the following findings:\n (1) During World War II, members of the Armed Forces of the \n United States fought valiantly against the Armed Forces of \n Japan in the Pacific. In particular, from December 1941 until \n May 1942, members of the Armed Forces of the United States \n fought courageously against overwhelming Armed Forces of Japan \n on Wake Island, Guam, the Philippine Islands, including the \n Bataan Peninsula and Corregidor, and the Dutch East Indies, \n thereby preventing Japan from accomplishing strategic \n objectives necessary for achieving a preemptive military \n victory in the Pacific during World War II.\n (2) During initial military action in the Philippines, \n members of the Armed Forces of the United States were ordered \n to surrender on April 9, 1942, and were forced to march 65 \n miles to prison camps at Camp O'Donnell, Cabanatuan, and \n Bilibid. More than 10,000 people of the United States died \n during the march (known as the ``Bataan Death March'') and \n during subsequent imprisonment as a result of starvation, \n disease, and executions.\n (3) Beginning in January 1942, the Armed Forces of Japan \n began transporting United States prisoners of war to Japan, \n Taiwan, Manchuria, and Korea to perform slave labor to support \n Japanese industries. Many of the unmarked merchant vessels in \n which the prisoners were transported (known as ``Hell Ships'') \n were attacked by the Armed Forces of the United States, which, \n according to some estimates, killed more than 3,600 people of \n the United States.\n (4) Following the conclusion of World War II, the \n Government of the United States agreed to pay compensation to \n former prisoners of war of the United States, amounting to \n $2.50 per day of imprisonment. This compensation, paid from \n assets of Japan frozen by the Government of the United States, \n is wholly insufficient to compensate fully such former \n prisoners of war for the conditions they endured. Neither the \n Government of Japan nor any corporations of Japan admit any \n liability requiring payment of compensation.\n (5) Other countries, including Canada, the United Kingdom, \n Isle of Man, Norway, the Netherlands, New Zealand, and \n Australia have previously awarded such a compensation to their \n surviving veterans who were captured by the Japanese during \n World War II and required to perform slave labor. Currently, \n the United States is the only Western Allied power that has not \n awarded similar compensation to these distinguished heroes of \n World War II who were prisoners of war of Japan.\n (b) Purpose.--The purpose of this section is to recognize, by the \nprovision of compensation, the heroic contributions of the members of \nthe Armed Forces and civilian employees of the United States who were \ncaptured by the Japanese military during World War II and denied their \nbasic human rights by being forced to perform slave labor by the \nImperial Government of Japan or by corporations of Japan during World \nWar II.\n (c) Definitions.--In this section:\n (1) Covered veteran or civilian internee.--The term \n ``covered veteran or civilian internee'' means any individual \n who--\n (A) is a citizen of the United States;\n (B) was a member of the Armed Forces, a civilian \n employee of the United States, or an employee of a \n contractor of the United States during World War II;\n (C) served in or with the Armed Forces during World \n War II;\n (D) was captured and held as a prisoner of war or \n prisoner by Japan in the course of such service; and\n (E) was required by the Imperial Government of \n Japan, or one or more corporations of Japan, to perform \n slave labor during World War II.\n (2) Slave labor.--The term ``slave labor'' means forced \n servitude under conditions of subjugation.\n (d) Payment of Compensation Required.--\n (1) In general.--Subject to the availability of \n appropriated funds, the Secretary of Defense shall pay \n compensation to each living covered veteran or civilian \n internee, or to the surviving spouse of a covered veteran or \n civilian internee, in the amount of $20,000.\n (2) Rebuttable presumption.--An application for \n compensation submitted under this section by or with respect to \n an individual seeking treatment as a covered veteran or \n civilian internee under this section is subject to a rebuttable \n presumption that such individual is a covered veteran or \n civilian internee if the application on its face provides \n information sufficient to establish such individual as a \n covered veteran or civilian internee.\n (e) Relationship to Other Payments.--Any amount paid to a person \nunder this section for activity described in subsection (c)(1)(D) is in \naddition to any other amount paid to such person for such activity \nunder any other provision of law.\n (f) Inapplicability of Taxation or Attachment.--Any amount paid to \na person under this section shall not be subject to any taxation, \nattachment, execution, levy, tax lien, or detention under any process \nwhatever.","summary":"Directs the Secretary of Defense to pay a specified amount of compensation to those members of the Armed Forces and US civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II.","title":"To require the payment of compensation to members of the Armed Forces and civilian employees of the United States who were forced to perform slave labor by the Imperial Government of Japan or by corporations of Japan during World War II, or the surviving spouses of such members, and for other purposes.","text_len":5894,"sum_len":278} {"bill_id":"111_hr2025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Backcountry Landing Strip Access \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that aircraft landing strips--\n (1) serve an essential safety function as emergency landing \n areas;\n (2) serve as trailhead access points for--\n (A) outdoor enthusiasts and their activities, \n including hiking, fishing, and hunting;\n (B) land management activities, including forest \n management and firefighting; and\n (C) inholdings, including mining, ranching, \n scientific research, and tourism;\n (3) provide access to national parks, national forests, \n wilderness areas, and other Federal land for people who would \n otherwise be physically unable to enjoy such places;\n (4) support the economies of the surrounding communities by \n providing efficient access for visitors seeking recreational \n activities; and\n (5) serve an essential role in search and rescue, forest \n and ecological management, research, wildlife management, \n aerial mapping, firefighting, and disaster relief.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Federal Aviation Administration.\n (2) Aircraft landing strip.--The term ``aircraft landing \n strip'' means an established aircraft landing strip located on \n Federal land under the administrative jurisdiction of the \n Secretary that is for aircraft landing and departure \n activities.\n (3) Permanently close.--The term ``permanently close'' \n means any closure lasting more than 30 consecutive days in any \n calendar year.\n (4) Secretary.--The term ``Secretary'' means--\n (A) with respect to land under the jurisdiction of \n the Department of the Interior, the Secretary of the \n Interior; and\n (B) with respect to land under the jurisdiction of \n the Department of Agriculture, the Secretary of \n Agriculture.\n\nSEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN \n AIRCRAFT LANDING STRIPS.\n\n (a) In General.--The Secretary shall not take any action that would \npermanently close, restrict, or render or declare as unserviceable any \naircraft landing strip unless--\n (1) the action has been approved by the head of the \n aviation department of the State in which the aircraft landing \n strip is located;\n (2) the Secretary publishes notice of the proposed action \n in the Federal Register, including notice that the action would \n permanently close, restrict, or render or declare as \n unserviceable the aircraft landing strip;\n (3) the Secretary provides for a 90-day public comment \n period beginning on the date on which the notice under \n paragraph (2) is published; and\n (4) the Secretary and the head of the aviation department \n of the State in which the affected aircraft landing strip is \n located have taken into consideration any comments received \n during the comment period described in paragraph (3).\n (b) Policies.--\n (1) Backcountry aviation policies.--Not later than 2 years \n after the date of the enactment of this Act, the Secretary of \n the Interior and the Secretary of Agriculture shall jointly--\n (A) establish a national policy for governing \n backcountry aviation issues relating to the management \n of Federal land under the jurisdiction of the \n Department of the Interior and the Department of \n Agriculture; and\n (B) require officials with jurisdiction over the \n land described in subparagraph (A) to adhere to the \n policy established pursuant to such subparagraph.\n (2) Requirements.--Any policy affecting air access to an \n aircraft landing strip, including the policy established under \n paragraph (1), shall not take effect unless the policy--\n (A) acknowledges that the Administrator has the \n sole authority to control aviation and airspace over \n the United States; and\n (B) was developed after seeking and considering \n comments from State governments and the public.\n (c) Maintenance of Airstrips.--\n (1) In general.--To ensure that aircraft landing strips are \n maintained in a manner that is consistent with the resource \n values of any adjacent area, the Secretary shall consult with--\n (A) the head of the aviation department of each \n State in which an aircraft landing strip is located; \n and\n (B) any other interested parties.\n (2) Cooperative agreements.--The Secretary may enter into \n cooperative agreements with interested parties for the \n maintenance of aircraft landing strips.\n (3) Maintenance standards.--State aircraft landing strip \n maintenance standards shall be used as the minimum standard \n when such standards are available.\n (d) Exchanges or Acquisitions.--\n (1) Conditions.--If the Federal Government acquires private \n or public property on which an aircraft landing strip is \n located, the acquisition may not require--\n (A) the closure or purposeful neglect of the \n aircraft landing strip; or\n (B) any other action that would restrict the use of \n any aircraft landing strip.\n (2) Availability.--Each private or publicly owned aircraft \n landing strip acquired by the Federal Government shall be made \n available to the general public for unrestricted use.\n (e) Effect on Federal Aviation Administration Authority.--Nothing \nin this Act may be construed to affect the authority of the \nAdministrator over aviation or airspace.","summary":"Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the action has been approved by the head of the aviation department of the state in which the landing strip is located. (2) the Secretary publishes notice of the proposed action and provides for a 90-day public comment thereafter. And (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received. Requires the Secretaries to: (1) establish a nationwide policy for governing backcountry aviation issues relating to the management of federal land under the jurisdiction of the Departments of the Interior and Agriculture. And (2) require officials with jurisdiction over such land to adhere to such policy. Requires private and publicly-owned aircraft landing strips acquired by the government to be made available to the public for unrestricted use.","title":"To ensure public access to Federal land and to the airspace over Federal land.","text_len":6321,"sum_len":1078} {"bill_id":"110_hr5513","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Adolescent Smoking Without \nExcessive Bureaucracy Act of 2008''.\n\nSEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT.\n\n (a) Amendment.--Section 1926 of the Public Health Service Act (42 \nU.S.C. 300x-26) is amended to read as follows:\n\n``SEC. 1926. STRENGTHENING STATE LAWS RELATING TO TOBACCO PRODUCT SALES \n TO INDIVIDUALS UNDER THE AGE OF 18.\n\n ``(a) Relevant Law.--\n ``(1) In general.--Subject to paragraph (2), for fiscal \n year 2010 and subsequent fiscal years, the Secretary may make a \n grant under section 1921 only if the State involved has in \n effect a law providing that--\n ``(A) it is unlawful for any manufacturer, \n retailer, or distributor of tobacco products to sell or \n distribute any such product to any individual under 18 \n years of age;\n ``(B) it is unlawful for an individual under 18 \n years of age--\n ``(i) to purchase or attempt to purchase, \n or receive or attempt to receive, a tobacco \n product; or\n ``(ii) to possess or attempt to possess a \n tobacco product in a public place;\n ``(C) a law enforcement agency, upon determining \n that an individual under 18 years of age allegedly \n purchased or received a tobacco product, or allegedly \n possessed a tobacco product in a public place, shall \n notify the individual's parent or parents, custodian, \n or guardian (if the name and address of a parent, \n guardian, or custodian is reasonably ascertainable);\n ``(D) within 180 days after the effective date of \n such State law, any person engaged in the business of \n distributing tobacco products at retail shall implement \n a program--\n ``(i) to notify each employee employed by \n that person who distributes tobacco products \n that State law prohibits the sale or \n distribution of tobacco products to any \n individual under 18 years of age and the \n purchase or receipt, or possession in a public \n place, of tobacco products by any such \n individual; and\n ``(ii) to ensure compliance with such law;\n ``(E) an employer shall not be in violation of the \n prohibition described in subparagraph (A) if such \n employer--\n ``(i) relies upon proof of age that \n appeared on its face to be valid; or\n ``(ii) implements a program in accordance \n with subparagraph (D); and\n ``(F) an individual who violates the prohibition \n described in subparagraph (B) may be liable for a civil \n monetary penalty and may be required to perform \n community service.\n ``(2) Delayed applicability for certain states.--In the \n case of a State whose legislature does not convene a regular \n session in fiscal year 2010, and in the case of a State whose \n legislature does not convene a regular session in fiscal year \n 2011, the requirement described in paragraph (1) as a condition \n of a receipt of a grant under section 1921 shall apply only for \n fiscal year 2012 and subsequent fiscal years.\n ``(b) State Goals for Noncompliance.--Beginning with respect to the \nfirst applicable fiscal year, a funding agreement for a grant under \nsection 1921 is that the State involved has established goals for \nreducing the rate of retailer violations of the law described in \nsubsection (a), as determined through annual, random, unannounced \ninspections described in subsection (c)(2)(A), so that the rate of such \nviolations relative to the number of inspections does not exceed the \nfollowing:\n ``(1) 20 percent during fiscal year 2010.\n ``(2) 19 percent during fiscal year 2011.\n ``(3) 18 percent during fiscal year 2012.\n ``(4) 17 percent during fiscal year 2013.\n ``(5) 16 percent during fiscal year 2014.\n ``(6) 15 percent during fiscal year 2015.\n ``(7) 14 percent during fiscal year 2016.\n ``(8) 13 percent during fiscal year 2017.\n ``(9) 12 percent during fiscal year 2018.\n ``(10) 11 percent during fiscal year 2019.\n ``(11) 10 percent during fiscal year 2020 and each \n subsequent year.\n ``(c) Enforcement.--\n ``(1) In general.--A funding agreement for a grant under \n section 1921 is that the State involved will enforce the law \n described in subsection (a) in a manner that can reasonably be \n expected to achieve the goals established pursuant to \n subsection (b) and reduce the extent to which tobacco products \n are available to individuals under 18 years of age.\n ``(2) Activities and reports regarding enforcement.--A \n funding agreement for a grant under section 1921 is that the \n State involved will--\n ``(A) annually conduct random, unannounced \n inspections to ensure compliance with the law described \n in subsection (a); and\n ``(B) annually submit to the Secretary a report \n describing--\n ``(i) the activities carried out by the \n State to enforce such law during the fiscal \n year preceding the fiscal year for which the \n State is seeking the grant;\n ``(ii) the extent of success the State has \n achieved in meeting the goals established \n pursuant to subsection (b) and in reducing the \n availability of tobacco products to individuals \n under 18 years of age; and\n ``(iii) the strategies to be utilized by \n the State for enforcing such law during the \n fiscal year for which the grant is sought.\n ``(3) Use of individuals under 18 years of age in \n inspections.--A funding agreement for a grant under section \n 1921 is that the State may engage an individual under 18 years \n of age to test compliance with the law described in subsection \n (a) only if--\n ``(A) the testing is conducted with the written \n consent of a parent or legal guardian of such \n individual; and\n ``(B) such individual acts under the direct \n supervision of the State during a random, unannounced \n inspection.\n ``(d) Use of State Settlement Proceeds.--A funding agreement for a \ngrant under section 1921 is that the State involved certifies to the \nSecretary that, with respect to the calendar year preceding the year in \nwhich the State is applying for such a grant, the State expended more \nthan 10 percent of the funds paid to the State for such calendar year \nas part of the comprehensive settlement of November 1998 (as referred \nto in section 1903(d)(3)(B)(i) of the Social Security Act) on health \nprograms, tobacco control and cessation activities, or economic \ndevelopment for tobacco regions.\n ``(e) Noncompliance of State.--\n ``(1) Determination by secretary.--Before making a grant \n under section 1921 to a State for any fiscal year, the \n Secretary shall make a determination of whether the State has \n maintained compliance with subsections (a), (b), (c), and (d).\n ``(2) Reduction of allotment.--Beginning with respect to \n the first applicable fiscal year, if, after notice to the State \n and an opportunity for a hearing, the Secretary determines that \n the State is not in compliance with any of subsections (a), \n (b), or (c), the Secretary shall reduce the amount of the \n allotment under section 1921 for the State for the fiscal year \n involved by an amount equal to--\n ``(A) in the case of fiscal year 2010, 10 percent \n of the amount determined under section 1933 for the \n State for the fiscal year;\n ``(B) in the case of fiscal year 2011, 20 percent \n of the amount determined under section 1933 for the \n State for the fiscal year;\n ``(C) in the case of fiscal year 2012, 30 percent \n of the amount determined under section 1933 for the \n State for the fiscal year; and\n ``(D) in the case of fiscal year 2013 or any \n subsequent fiscal year, 40 percent of the amount \n determined under section 1933 for the State for the \n fiscal year.\n ``(3) Additional reduction.--Beginning with respect to the \n first applicable fiscal year, if the Secretary determines under \n paragraph (1) that the State is not in compliance with any of \n subsections (a), (b), or (c), and is not in compliance with \n subsection (d), the Secretary may reduce the amount of the \n allotment under section 1921 for the State for the fiscal year \n involved by an amount equal to 10 percent of the amount \n determined under section 1933 for the State for such fiscal \n year. Such reduction shall be in addition to the reduction \n under paragraph (2).\n ``(f) Assistance in Implementing Programs.--In order to assist \nStates in establishing and implementing State laws described in \nsubsection (a), the Secretary shall--\n ``(1) develop not later than January 1, 2009, and \n subsequently revise as appropriate, model legislative language; \n and\n ``(2) provide technical assistance and guidance in \n developing, enacting, and implementing such laws and in setting \n goals pursuant to subsection (b).\n ``(g) Definition.--In this section, the term `first applicable \nfiscal year' means--\n ``(1) fiscal year 2012, in the case of any State described \n in subsection (a)(2); and\n ``(2) fiscal year 2010, in the case of any other State.''.\n (b) Effective Date.--\n (1) In general.--The amendment made by subsection (a) shall \n apply with respect to the first applicable fiscal year and each \n subsequent fiscal year. The provisions of section 1926 of the \n Public Health Service Act (42 U.S.C. 300x-26), as in effect on \n the day before the date of the enactment of this Act, shall \n apply with respect to fiscal years preceding the first \n applicable fiscal year.\n (2) Definition.--In this subsection, the term ``first \n applicable fiscal year'' has the meaning given such term in \n subsection (g) of section 1926 of the Public Health Service Act \n (42 U.S.C. 300x-26), as amended by subsection (a) of this \n section.\n\nSEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS.\n\n Section 7 of the Federal Cigarette Labeling and Advertising Act (15 \nU.S.C. 1335a) is amended--\n (1) in subsection (a), by striking ``the company which uses \n the ingredients or''; and\n (2) by amending subsection (b)(2) to read as follows:\n ``(2) The Secretary shall make any information provided under this \nsection accessible to the public on the Internet not later than 48 \nhours after receipt by the Secretary.''.","summary":"Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008 - Amends the Public Health Service Act to set forth conditions for the receipt by states of federal substance abuse prevention and treatment grants. Requires such states to: (1) prohibit a minor from purchasing or receiving a tobacco product or possessing a tobacco product in a public place. And (2) require law enforcement agencies to notify a minor's parent, custodian, or guardian whose name and address is reasonably ascertainable of any such violation. Requires such states to require any person engaged in the business of distributing tobacco products at retail to implement a program to: (1) notify its employees that state law prohibits the sale or distribution of tobacco products to minors and the purchase, receipt, or possession in a public place of a tobacco product by a minor. And (2) ensure compliance with such law. Directs such states to provide for a civil monetary penalty or community service for violations. Requires such states to have established goals for reducing the rate of retailer violations. Allows states to use minors to test compliance under certain conditions. Directs such states to certify expenditure of more than 10 of the funds paid to the state as part of the comprehensive settlement of November 1998 against tobacco manufacturers on health programs, tobacco control and cessation activities, or economic development for tobacco regions. Requires the Secretary of Health and Human Services to provide assistance to states in developing, enacting, and implementing such laws and in setting goals, including by developing model legislative language.","title":"To reduce youth usage of tobacco products, to enhance State efforts to eliminate retail sales of tobacco products to minors, and for other purposes.","text_len":12064,"sum_len":1656} {"bill_id":"104_hr4206","text":"SECTION 1. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND \n EXPENDITURES.\n\n (a) In General.--Part III of subchapter C of chapter 33 of the \nInternal Revenue Code of 1986 (relating to special provisions \napplicable to taxes on transportation by air) is amended by adding at \nthe end the following new section:\n\n``SEC. 4283. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST \n FUND EXPENDITURES.\n\n ``(a) General Rule.--Except as provided by subsection (b), if the \naviation tax rates prescribed by the Secretary under this section for \nany fiscal year are greater than or less than the otherwise applicable \nrates of the aviation taxes, the rates so prescribed shall apply for \nsuch year in lieu of the otherwise applicable rates.\n ``(b) Limitation on Rates.--In no event may the Secretary prescribe \nrates under subsection (a) which are greater than--\n ``(1) ____ per gallon in the case of the tax imposed by \n section 4081(a)(2)(A)(ii) (relating to aviation gasoline),\n ``(2) ____ cents per gallon in the case of the tax imposed \n by section 4091 (relating to aviation fuel),\n ``(3) ____ percent and ____ percent, respectively, of the \n amount paid in the case of the taxes imposed by sections 4261 \n and 4271 (relating to transportation of persons and property by \n air), other than the tax imposed by section 4261(c), and\n ``(4) $____ on any amount paid in the case of the tax \n imposed by section 4261(c) (relating to use of international \n travel facilities).\n ``(c) Determination of Aviation Tax Rates.--\n ``(1) In general.--Not later than September 1 of each \n calendar year, the Secretary shall prescribe the aviation tax \n rates for the fiscal year which begins during such calendar \n year.\n ``(2) Method of determining rates.--The aviation tax rates \n prescribed by the Secretary for any fiscal year shall be rates \n which the Secretary estimates will result in aggregate aviation \n tax revenues during such fiscal year equal to the aggregate \n aviation expenditures during the preceding fiscal year. Proper \n adjustments shall be made in the estimate under the preceding \n sentence to the extent that aggregate aviation tax revenues \n during any prior fiscal year (beginning after September 30, \n 1996) were greater than or less than the aggregate aviation \n expenditures for such prior fiscal year. Such adjustments shall \n be made consistent with Congressional Budget Office scoring \n procedures and shall be revenue neutral.\n ``(3) Proportionality of rates maintained.--Each aviation \n tax rate prescribed by the Secretary under this section shall \nbe the rate which results in the same proportion of the aggregate \naviation tax revenues for the fiscal year as the proportion of the \naggregate aviation tax revenues for such fiscal year which would have \nresulted from the otherwise applicable rate.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Aviation taxes.--The term `aviation taxes' means--\n ``(A) the taxes imposed by subsections (c) and (e) \n of section 4041,\n ``(B) the tax imposed by section 4081(a)(2)(A)(ii) \n to the extent attributable to the Airport and Airway \n Trust Fund financing rate (as defined in section \n 9502(f)),\n ``(C) the tax imposed by section 4091 to the extent \n attributable to the Airport and Airway Trust Fund \n financing rate (as defined in section 9502(f)), and\n ``(D) the taxes imposed by sections 4261 and 4271.\n ``(2) Aviation tax revenues.--The term `aviation tax \n revenues' means, with respect to any fiscal year, the aggregate \n amount deposited into the Airport and Airway Trust Fund during \n such year by reason of section 9502(b), reduced by transfers \n from such Trust Fund during such year under paragraphs (2), \n (3), and (5) of section 9502(d).\n ``(3) Aviation expenditures.--The term `aviation \n expenditures' means, with respect to any fiscal year, the \n aggregate budget authority for such year for expenditures from \n the Airport and Airway Trust Fund, combined with contract \n authority for such year (to the extent of any limitation on \n obligations) for expenditures from the Airport and Airway Trust \n Fund.''\n (b) Other Amendments.--\n (1) Paragraph (2) of section 9502(b) of such Code is \n amended by striking ``under section 4081'' and all that follows \n and inserting ``under section 4081 with respect to aviation \n gasoline (to the extent attributable to the Airport and Airway \n Trust Fund financing rate);''.\n (2) Paragraph (1) of section 9502(f) of such Code is \n amended to read as follows:\n ``(1) In general.--Except as otherwise provided in this \n subsection, the Airport and Airway Trust Fund financing rate \n is--\n ``(A) in the case of aviation gasoline subject to \n tax under section 4081, 15 cents per gallon (unless \n otherwise prescribed by the Secretary),\n ``(B) in the case of fuel used in an aircraft in \n noncommercial aviation (as defined in section \n 4041(c)(4)), 17.5 cents per gallon (unless otherwise \n prescribed by the Secretary), and\n ``(C) in the case of fuel used in an aircraft other \n than in noncommercial aviation (as so defined), zero.''\n (c) Clerical Amendment.--The table of sections for part III of \nsubchapter C of chapter 33 of such Code is amended by adding at the end \nthe following new item:\n\n ``Sec. 4283. Aviation tax revenues to \n match Airport and Airway Trust \n Fund expenditures.''\n\nSEC. 2. ESTABLISHMENT OF ANNUAL RESERVE ACCOUNT IN AIRPORT AND AIRWAY \n TRUST FUND.\n\n Section 9502 of the Internal Revenue Code of 1986 (relating to the \nAirport and Airway Trust Fund) is amended by adding at the end the \nfollowing new subsection:\n ``(g) Establishment of Annual Reserve Account.--\n ``(1) Creation of account.--There is established in the \n Airport and Airway Trust Fund a separate account to be known as \n the `Annual Reserve Account' consisting of such amounts as may \n be transferred or credited to the Annual Reserve Account as \n provided in this subsection or section 9602(b).\n ``(2) Transfers to annual reserve account.--The Secretary \n of the Treasury shall transfer to the Annual Reserve Account \n any portion of the amounts appropriated to the Airport and \n Airway Trust Fund under subsection (b) which is attributable to \n tax rates prescribed under section 4283(a) which are greater \n than the otherwise applicable rates of the aviation taxes \n prescribed for the prior fiscal year. For the purposes of the \n preceding sentence, the term `aviation taxes' has the meaning \n such term has under section 4283(d)(1).\n ``(3) Expenditures from annual reserve account.--Amounts in \n the Annual Reserve Account shall be available, as provided by \n appropriation Acts, for the same purposes as amounts in the \n Airport and Airway Trust Fund are available under subsection \n (d).\n ``(4) Budgetary treatment of annual reserve account.--\n Notwithstanding any other provision of law except the Line Item \n Veto Act of 1996, the annual receipts and disbursements of the \n Annual Reserve Account--\n ``(A) shall not be counted as new budget authority, \n outlays, receipts, or deficit or surplus for purposes \n of--\n ``(i) the budget of the United States \n Government as submitted by the President,\n ``(ii) the congressional budget (including \n allocations of budget authority and outlays \n provided therein), or\n ``(iii) the Balanced Budget and Emergency \n Deficit Control Act of 1985; and\n ``(B) shall be exempt from any general budget \n limitation imposed by statute on expenditures and net \n lending (budget outlays) of the United States \n Government.''\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to fiscal years \nbeginning after September 30, 1996.","summary":"Amends the Internal Revenue Code to: (1) provide that the amount of fiscal year aviation excise taxes shall match Airport and Airway Trust Fund expenditures. (2) require annual aviation tax rate determinations by a specified date, and (3) establish in such Fund an Annual Reserve Account.","title":"To amend the Internal Revenue Code of 1986 to provide that the amount of the aviation excise taxes for any fiscal year shall equal the expenditures from the Airport and Airway Trust Fund for the prior fiscal year, and for other purposes.","text_len":9001,"sum_len":288} {"bill_id":"103_hr3153","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Equity Protection Act of \n1993''.\n\nSEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES.\n\n (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. \n1602) is amended by adding after subsection (z) the following new \nsubsection:\n ``(aa) The term `high cost mortgage' means a consumer credit \ntransaction, other than a residential mortgage transaction, that is \nsecured by a consumer's principal dwelling and that satisfies at least \n1 of the following conditions:\n ``(1) The annual percentage rate at consummation of the \n transaction will exceed by more than 10 percentage points the \n rate of interest on obligations of the United States having a \n period of maturity of 1 year on the fifteenth day of the month \n before such consummation.\n ``(2) All points and fees payable by the consumer at or \n before closing will exceed the greater of--\n ``(A) 8 percent of the amount financed, minus fees \n and points; or\n ``(B) $400.''.\n (b) Material Disclosures.--Section 103(u) of the Truth in Lending \nAct (15 U.S.C. 1602(u)) is amended--\n (1) by striking ``and the due dates'' and inserting ``, the \n due dates''; and\n (2) by inserting before the period ``, and the disclosures \n for high cost mortgages required by section 129(a))''.\n (c) Definition of Creditor Clarified.--Section 103(f) of the Truth \nin Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the \nfollowing: ``Any person who originates 2 or more high cost mortgages in \nany 12-month period or any person who originates 1 or more high cost \nmortgages through a loan broker shall be considered to be a creditor \nfor purposes of section 129.''.\n (d) Disclosures Required and Certain Terms Prohibited.--The Truth \nin Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after \nsection 128 the following new section:\n\n``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES.\n\n ``(a) Disclosures.--In addition to any other disclosures required \nunder this title, for each high cost mortgage, the creditor shall \nprovide the following written disclosures in clear language and in \nconspicuous type size and format, segregated from other information as \na separate document:\n ``(1) The following statement: `If you obtain this loan, \n the lender will have a mortgage on your home. You could lose \n your home, and any money you have put into it, if you do not \n meet your obligations under the loan.'.\n ``(2) The initial annual percentage rate.\n ``(3) The consumer's gross monthly cash income, as verified \n by the creditor, the total initial monthly payment, and the \n amount of funds that will remain to meet other obligations of \n the consumer.\n ``(4) In the case of a variable rate loan, a statement that \n the annual percentage rate and the interest rate could \n increase, and the maximum interest rate and payment.\n ``(5) In the case of a variable rate loan with an initial \n annual percentage rate that is different than the one which \n would be applied using the contract index after the initial \n period, a statement of the period of time the initial rate will \n be in effect, and the rate or rates that will go into effect \n after the initial period is over, assuming that current \n interest rates prevail.\n ``(6) A statement that the consumer is not required to \n complete the transaction merely because he or she has received \n disclosures or signed a loan application.\n ``(7) A statement as follows: `Under Federal law, this is a \n high cost mortgage. You may be able to obtain a less expensive \n loan.'.\n ``(b) Time of Disclosures.--The disclosures required by this \nsection shall be given no later than 3 business days prior to \nconsummation of the transaction. A creditor may not change the terms of \nthe loan after providing the disclosures required by this section.\n ``(c) No Prepayment Penalty.--\n ``(1) In general.--A high cost mortgage may not contain \n terms under which a consumer must pay a prepayment penalty for \n paying all or part of the principal prior to the date on which \n such principal is due. If the date of maturity of the high cost \n mortgage is accelerated for any reason, the consumer is \n entitled to a rebate that complies with paragraph (2). No high \n cost mortgage shall provide for a default interest rate that is \n higher than the interest rate provided by the note for a \n performing loan.\n ``(2) Rebate computation.--For purposes of this subsection, \n any method of computing rebates of a finance charge less \n favorable to the consumer than the actuarial method using \n simple interest is a prepayment penalty.\n ``(3) Certain other fees prohibited.--An agreement to \n refinance a high cost mortgage by the same creditor or an \n affiliate of the creditor may not require the consumer to pay \n points, discount fees, or prepaid finance charges on the \n portion of the loan refinanced. For the purpose of this \n paragraph, the term `affiliate' has the same meaning as it does \n in section 2(k) of the Bank Holding Company Act of 1956.\n ``(d) No Balloon Payments.--A high cost mortgage may not include \nterms under which the aggregate amount of the regular periodic payments \nwould not fully amortize the outstanding principal balance.\n ``(e) No Negative Amortization.--A high cost mortgage may not \ninclude terms under which the outstanding principal balance will \nincrease over the course of the loan.\n ``(f) No Prepaid Payments.--A high cost mortgage may not include \nterms under which more than 2 periodic payments required under the loan \nare consolidated and paid in advance from the loan proceeds provided to \nthe consumer.\n ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of \ncontracts governed by this section shall not commit, in the making, \nservicing, or collecting of a high cost mortgage, any act or practice \nwhich is unfair or deceptive, including any of the following:\n ``(1) Entering into a home equity loan if there is no \n reasonable probability that the homeowner will be able to make \n payments according to the terms of the loan.\n ``(2) Taking advantage of the borrower's infirmities, lack \n of education or sophistication, or language skills, necessary \n to understand fully the terms of the transaction.\n ``(3) Refinancing other loans owed by the homeowner which \n had not been accelerated by reason of default of the homeowner \n prior to the application for the home equity loan, unless the \n new loan is at a lower interest rate or has lower monthly \n payments.\n ``(4) Financing a mortgage broker's commission, unless the \n borrower entered into a separate written contract with the \n broker prior to the date of application for the home equity \n loan, which stated the dollar amount of the commission, and \n which was provided to the borrower prior to the application.\n ``(5) Taking action or interfering with any other consumer \n protection laws or regulation designed to protect the \n homeowner.\n ``(6) Assisting in the falsification of information on the \n application for a home equity loan.\n ``(7) Disbursing to a home improvement contractor more than \n 80 percent of funds due under a home improvement contract which \n exceeds $10,000, before the completion of the work due under \n the home improvement contract, or making any disbursement for a \n home improvement contract in a form other than an instrument \n jointly payable to the borrower and the contractor.\n ``(8)(A) Engaging in any other unfair, deceptive, or \n unconscionable conduct which creates a likelihood of confusion \n or misunderstanding.\n ``(B) Any attempt to evade the provisions of this section \n by any devise, subterfuge, or pretense whatsoever is deemed to \n be unfair conduct under this paragraph.\n ``(h) Right of Rescission.--For the purpose of section 125, any \ncontract with provisions prohibited by this section is deemed to not \ninclude material disclosures required under this title. Any provision \nin a high cost mortgage which violates section 125 shall not be \nenforceable.''.\n\nSEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS.\n\n The authority of States to establish limitations on the interest, \nfees, and other terms of a first mortgage which--\n (1) is secured by a first lien on residential real \n property; and\n (2) is not used to finance the acquisition of that \n property;\nis not preempted by section 501 of the Depository Institutions \nDeregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or \nthe Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 \net seq.).\n\nSEC. 4. CIVIL LIABILITY.\n\n (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. \n1640(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (2)(B);\n (2) by striking the period at the end of paragraph (3) and \n inserting ``; and''; and\n (3) by inserting after paragraph (3) the following new \n paragraph:\n ``(4) in case of a failure to comply with any requirement \n under section 129, all finance charges and fees.''.\n (b) State Attorney General Enforcement.--Section 130(e) of the \nTruth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the \nend the following: ``An action to enforce a violation of section 129 \nmay also be brought by the appropriate State attorney general in a \ncourt of competent jurisdiction, within 5 years after the date on which \nthe violation occurs.''.\n (c) Assignee Liability.--Section 131 of the Truth in Lending Act \n(15 U.S.C. 1641) is amended by adding at the end the following new \nsubsection:\n ``(d) High Cost Mortgages.--\n ``(1) In general.--In addition to any other liability \n imposed under this title, any person who purchases or is \n otherwise assigned a high cost mortgage shall be subject to all \n claims and defenses with respect to the mortgage that the \n consumer could assert against the creditor of the mortgage.\n ``(2) Damages.--Relief under this subsection shall be \n limited to the sum of--\n ``(A) an offset of all remaining indebtedness; and\n ``(B) the total amount paid by the consumer in \n connection with the transaction.\n ``(3) Notice.--Any person who sells or otherwise assigns a \n high cost mortgage shall include a prominent notice of the \n potential liability under this subsection as determined by the \n Board.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act shall be effective 60 days after the promulgation of \nregulations by the Board of Governors of the Federal Reserve System, \nwhich shall occur not later than 180 days following the date of \nenactment of this Act.","summary":"Home Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which the balance is due, (2) certain refinancing fees, (3) balloon payments, (4) negative amortization, (5) certain prepared payments. And (6) specified unfair, deceptive, or evasive acts. Declares that State authority to regulate certain high rate mortgage loans is not preempted by specified Federal statutes. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.","title":"Home Equity Protection Act of 1993","text_len":11552,"sum_len":1025} {"bill_id":"114_hr710","text":"SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY \nCARD PROGRAM IMPROVEMENTS AND ASSESSMENT.\n (a) Credential Improvements.--\n (1) In general.--Not later than 60 days after the date of \n enactment of this Act, the Administrator of the Transportation \n Security Administration shall commence actions, consistent with \n section 70105 of title 46, United States Code, to improve the \n Transportation Security Administration's process for vetting \n individuals with access to secure areas of vessels and maritime \n facilities.\n (2) Required actions.--The actions described under paragraph \n (1) shall include--\n (A) conducting a comprehensive risk analysis of security \n threat assessment procedures, including--\n (i) identifying those procedures that need additional \n internal controls; and\n (ii) identifying best practices for quality assurance \n at every stage of the security threat assessment;\n (B) implementing the additional internal controls and best \n practices identified under subparagraph (A);\n (C) improving fraud detection techniques, such as--\n (i) by establishing benchmarks and a process for \n electronic document validation;\n (ii) by requiring annual training for Trusted Agents; \n and\n (iii) by reviewing any security threat assessment-\n related information provided by Trusted Agents and \n incorporating any new threat information into updated \n guidance under subparagraph (D);\n (D) updating the guidance provided to Trusted Agents \n regarding the vetting process and related regulations;\n (E) finalizing a manual for Trusted Agents and adjudicators \n on the vetting process; and\n (F) establishing quality controls to ensure consistent \n procedures to review adjudication decisions and terrorism \n vetting decisions.\n (3) Report.--Not later than 2 years after the date of enactment \n of this Act, the Inspector General of the Department of Homeland \n Security shall submit a report to Congress that evaluates the \n implementation of the actions described in paragraph (1).\n (b) Comprehensive Security Assessment of the Transportation \nSecurity Card Program.--\n (1) In general.--Not later than 60 days after the date of \n enactment of this Act, the Secretary of Homeland Security shall \n commission an assessment of the effectiveness of the transportation \n security card program (referred to in this section as ``Program'') \n required under section 70105 of title 46, United States Code, at \n enhancing security and reducing security risks for facilities and \n vessels regulated under chapter 701 of that title.\n (2) Location.--The assessment commissioned under paragraph (1) \n shall be conducted by a research organization with significant \n experience in port or maritime security, such as--\n (A) a national laboratory;\n (B) a university-based center within the Science and \n Technology Directorate's centers of excellence network; or\n (C) a qualified federally-funded research and development \n center.\n (3) Contents.--The assessment commissioned under paragraph (1) \n shall--\n (A) review the credentialing process by determining--\n (i) the appropriateness of vetting standards;\n (ii) whether the fee structure adequately reflects the \n current costs of vetting;\n (iii) whether there is unnecessary redundancy or \n duplication with other Federal- or State-issued \n transportation security credentials; and\n (iv) the appropriateness of having varied Federal and \n State threat assessments and access controls;\n (B) review the process for renewing applications for \n Transportation Worker Identification Credentials, including the \n number of days it takes to review application, appeal, and \n waiver requests for additional information; and\n (C) review the security value of the Program by--\n (i) evaluating the extent to which the Program, as \n implemented, addresses known or likely security risks in \n the maritime and port environments;\n (ii) evaluating the potential for a non-biometric \n credential alternative;\n (iii) identifying the technology, business process, and \n operational impacts of the use of the transportation \n security card and transportation security card readers in \n the maritime and port environments;\n (iv) assessing the costs and benefits of the Program, \n as implemented; and\n (v) evaluating the extent to which the Secretary of \n Homeland Security has addressed the deficiencies in the \n Program identified by the Government Accountability Office \n and the Inspector General of the Department of Homeland \n Security before the date of enactment of this Act.\n (4) Deadlines.--The assessment commissioned under paragraph (1) \n shall be completed not later than 1 year after the date on which \n the assessment is commissioned.\n (5) Submission to congress.--Not later than 60 days after the \n date that the assessment is completed, the Secretary of Homeland \n Security shall submit to the Committee on Commerce, Science, and \n Transportation and the Committee on Homeland Security and \n Governmental Affairs of the Senate and the Committee on Homeland \n Security and the Committee on Transportation and Infrastructure of \n the House of Representatives the results of the assessment \n commissioned under this subsection.\n (c) Corrective Action Plan; Program Reforms.--If the assessment \ncommissioned under subsection (b) identifies a deficiency in the \neffectiveness of the Program, the Secretary of Homeland Security, not \nlater than 60 days after the date on which the assessment is completed, \nshall submit a corrective action plan to the Committee on Commerce, \nScience, and Transportation and the Committee on Homeland Security and \nGovernmental Affairs of the Senate, the Committee on Homeland Security \nand the Committee on Transportation and Infrastructure of the House of \nRepresentatives that--\n (1) responds to findings of the assessment;\n (2) includes an implementation plan with benchmarks;\n (3) may include programmatic reforms, revisions to regulations, \n or proposals for legislation; and\n (4) shall be considered in any rulemaking by the Department of \n Homeland Security relating to the Program.\n (d) Inspector General Review.--If a corrective action plan is \nsubmitted under subsection (c), the Inspector General of the Department \nof Homeland Security shall--\n (1) not later than 120 days after the date of such submission, \n review the extent to which such plan implements the requirements \n under subsection (c); and\n (2) not later than 18 months after the date of such submission, \n and annually thereafter for 3 years, submit a report to the \n congressional committees set forth in subsection (c) that describes \n the progress of the implementation of such plan.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on December 10, 2016. This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment, implementing such internal controls and best practices, improving fraud detection techniques. Updating the guidance provided to Trusted Agents regarding the vetting process and related regulations. Finalizing a manual for such agents and adjudicators on the vetting process. And establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan.","title":"To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.","text_len":7742,"sum_len":2021} {"bill_id":"108_hr2243","text":"TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION\n\nSEC. 101. PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE \n RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION.\n\n The International Development Association Act (22 U.S.C. 284-284s) \nis amended by adding at the end the following:\n\n``SEC. 22. THIRTEENTH REPLENISHMENT.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--The United States Governor of the \n Association may contribute on behalf of the United States an \n amount equal to the amount appropriated under subsection (b), \n pursuant to the resolution of the Association entitled \n `Additions to IDA Resources: Thirteenth Replenishment'.\n ``(2) Subject to appropriations.--Any commitment to make \n the contribution authorized by paragraph (1) shall be effective \n only to such extent or in such amounts as are provided in \n advance in appropriations Acts.\n ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated such sums as may be necessary for payment by the Secretary \nof the Treasury, without fiscal year limitation.''.\n\nSEC. 102. ADMINISTRATIVE PROVISIONS.\n\n Title XV of the International Financial Institutions Act (22 U.S.C. \n262o--262o-2) is amended by adding at the end the following:\n\n``SEC. 1504. ADMINISTRATIVE PROVISIONS.\n\n ``(a) Achievement of Certain Policy Goals.--The Secretary of \nTreasury should instruct the United States Executive Director at each \nmultilateral development institution to inform the institution of the \nfollowing United States policy goals, and to work toward achieving the \ngoals at the institution before June 30, 2005:\n ``(1) No later than 60 calendar days after the Board of \n Directors of the institution approves the minutes of a Board \n meeting, the institution shall post on its website an \n electronic version of the minutes, with material deemed too \n sensitive for public distribution redacted.\n ``(2) The institution shall keep a written transcript or \n electronic recording of each meeting of its Board of Directors \n and preserve the transcript or recording for at least 10 years \n after the meeting.\n ``(3) All public sector loan documents, country assistance \n strategies, sector strategies, and sector policies prepared by \nthe institution and presented for endorsement or approval by its Board \nof Directors, with materials deemed too sensitive for public \ndistribution redacted or withheld, shall be made available to the \npublic 15 calendar days before consideration by the Board or, if not \nthen available, when the documents are distributed to the Board.\n ``(4) The institution shall post on its website an annual \n report containing statistical summaries and case studies of the \n fraud and corruption cases pursued by its investigations unit.\n ``(5) The institution shall require that any health, \n education, or poverty-focused loan, credit, grant, document, \n policy, or strategy prepared by the institution includes \n specific outcome and output indicators to measure results, and \n that the indicators and results be published periodically \n during the execution, and at the completion, of the project or \n program.\n ``(b) Publication of Written Statements Regarding Inspection \nMechanism Cases.--No later than 60 calendar days after a meeting of the \nBoard of Directors of a multilateral development institution, the \nSecretary of the Treasury should provide for publication on the website \nof the Department of the Treasury of any written statement presented at \nthe meeting by the United States Executive Director at the institution \nconcerning--\n ``(1) a project on which a claim has been made to the \n inspection mechanism of the institution; or\n ``(2) a pending inspection mechanism case.\n ``(c) Congressional Briefings.--At the request of the Committee on \nFinancial Services of the House of Representatives or the Committee on \nForeign Relations of the Senate, the Secretary of the Treasury or the \ndesignee of the Secretary should brief the requesting committee on the \nsteps that have been taken by the United States Executive Director at \nany multilateral development institution, and by any such institution, \nto implement the measures described in this section.\n ``(d) Publication of `No' Votes and Abstentions by the United \nStates.--Each month, the Secretary of the Treasury should provide for \nposting on the website of the Department of the Treasury of a record of \nall `no' votes and abstentions made by the United States Executive \nDirector at any multilateral development institution on any matter \nbefore the Board of Directors of the institution.\n ``(e) Multilateral Development Institution Defined.--In this \nsection, the term `multilateral development institution' shall have the \nmeaning given in section 1701(c)(3).''.\n\n TITLE II--ASIAN DEVELOPMENT FUND\n\nSEC. 201. PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES \n OF THE ASIAN DEVELOPMENT FUND.\n\n The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by \nadding at the end the following:\n\n``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--The United States Governor of the Bank \n may contribute on behalf of the United States an amount equal \n to the amount appropriated under subsection (b), pursuant to \n the resolution of the Bank entitled `Seventh Replenishment of \n the Asian Development Fund'.\n ``(2) Subject to appropriations.--Any commitment to make \n the contribution authorized by paragraph (1) shall be effective \n only to such extent or in such amounts as are provided in \n advance in appropriations Acts.\n ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated such sums as may be necessary for payment by the Secretary \nof the Treasury, without fiscal year limitation.''.\n\n TITLE III--AFRICAN DEVELOPMENT FUND\n\nSEC. 301. PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF \n THE AFRICAN DEVELOPMENT FUND.\n\n The African Development Fund Act (22 U.S.C. 290g--290g-15) is \namended by adding at the end the following:\n\n``SEC. 217. NINTH REPLENISHMENT.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--The United States Governor of the Fund \n may contribute on behalf of the United States an amount equal \n to the amount appropriated under subsection (b), pursuant to \n the resolution of the Fund entitled `The Ninth General \n Replenishment of Resources of the African Development Fund'.\n ``(2) Subject to appropriations.--Any commitment to make \n the contribution authorized by paragraph (1) shall be effective \n only to such extent or in such amounts as are provided in \n advance in appropriations Acts.\n ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated such sums as may be necessary for payment by the Secretary \nof the Treasury, without fiscal year limitation.''.","summary":"Amends specified Federal laws to authorize appropriations for: (1) the US contribution to the thirteenth replenishment of the International Development Association. (2) the US contribution to the seventh replenishment of the Asian Development Fund. And (3) the US contribution to the ninth replenishment of the African Development Fund. Directs the Secretary of the Treasury to instruct the US Executive Director at each multilateral development institution to inform such institution of specified US policy goals . Requires each institution to: (1) post on its website an electronic version of Board of Directors meeting minutes within 60 days after any such meeting, with material deemed too sensitive for public distribution redacted. (2) keep a written transcript or electronic recording of each Board meeting and preserve it for at least ten years. (3) make available to the public 15 days before Board consideration all public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for Board endorsement or approval. (4) post on its website an annual report of statistical summaries and case studies of fraud and corruption cases pursued by its investigations unit. And (5) require any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by it to include specific outcome and output indicators to measure results, and that such indicators and results be published periodically during execution, and at the completion, of the project or program. Urges the Secretary no later than 60 days after a meeting of the Board of a multilateral development institution to provide for publication on the Department of the Treasury's website of the institution's written statements regarding inspection mechanism claims and cases.","title":"To provide for the participation of the United States in the thirteenth replenishment of the resources of the International Development Association, the seventh replenishment of the resources of the Asian Development Fund, and the ninth replenishment of the resources of the African Development Fund, and for other purposes.","text_len":7542,"sum_len":1849} {"bill_id":"109_hr3373","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving Patient Access to \nInpatient Rehabilitation Hospitals Act of 2005''.\n\nSEC. 2. EFFECT ON ENFORCEMENT OF REGULATIONS.\n\n (a) In General.--Notwithstanding section 412.23(b)(2) of title 42, \nCode of Federal Regulations, during the period beginning on July 1, \n2005, and ending on the date that is 2 years after the date of \nenactment of this Act, the Secretary of Health and Human Services \n(referred to in this Act as the ``Secretary'') shall not--\n (1) require a compliance rate, pursuant to the criterion \n (commonly known as the ``75 percent rule'') that is used to \n determine whether a hospital or unit of a hospital is an \n inpatient rehabilitation facility (as defined in the rule \n published in the Federal Register on May 7, 2004, entitled \n ``Medicare Program; Final Rule; Changes to the Criteria for \n Being Classified as an Inpatient Rehabilitation Facility'' (69 \n Fed. Reg. 25752)), that is greater than the 50 percent \n compliance threshold that became effective on July 1, 2004;\n (2) change the designation of an inpatient rehabilitation \n facility that is in compliance with the 50 percent threshhold; \n or\n (3) conduct medical necessity review of inpatient \n rehabilitation facilities using any guidelines, such as fiscal \n intermediary Local Coverage Determinations, other than the \n national criteria established in chapter 1, section 110 of the \n Medicare Benefits Policy Manual.\n (b) Retroactive Status as an Inpatient Rehabilitation Facility; \nPayments; Expedited Review.--The Secretary shall establish procedures \nfor--\n (1) making any necessary retroactive adjustment to restore \n the status of a facility as an inpatient rehabilitation \n facility as a result of subsection (a);\n (2) making any necessary payments to inpatient \n rehabilitation facilities based on such adjustment for \n discharges occurring on or after July 1, 2005 and before the \n date of enactment of this Act; and\n (3) developing and implementing an appeals process that \n provides for expedited review of any adjustment to the status \n of a facility as an inpatient rehabilitation facility made \n during the period beginning on July 1, 2005 and ending on the \n date that is 2 years after the date of enactment of this Act.\n\nSEC. 3. NATIONAL ADVISORY COUNCIL ON MEDICAL REHABILITATION.\n\n (a) Definitions.--In this section:\n (1) Advisory council.--The term ``Advisory Council'' means \n the National Advisory Council on Medical Rehabilitation \n established under subsection (b).\n (2) Appropriate federal agencies.--The term ``appropriate \n Federal agencies'' means--\n (A) the Agency for Healthcare Research and Quality;\n (B) the Centers for Medicare & Medicaid Services;\n (C) the National Institute on Disability and \n Rehabilitation Research; and\n (D) the National Center for Medical Rehabilitation \n Research.\n (b) Establishment.--Pursuant to section 222 of the Public Health \nService Act (42 U.S.C. 217a), the Secretary shall establish an advisory \npanel to be known as the ``National Advisory Council on Medical \nRehabilitation''.\n (c) Membership.--\n (1) Appointment.--The Advisory Council shall be composed of \n 17 members, of whom--\n (A) 9 members shall be appointed by the Secretary, \n in consultation with the medical rehabilitation \n community, from a diversity of backgrounds, including--\n (i) physicians;\n (ii) medicare beneficiaries;\n (iii) representatives of inpatient \n rehabilitation facilities; and\n (iv) other practitioners experienced in \n rehabilitative care; and\n (B) 8 members, not more than 4 of whom are members \n of the same political party, shall be appointed jointly \n by--\n (i) the Majority Leader of the Senate;\n (ii) the Minority Leader of the Senate;\n (iii) the Speaker of the House of \n Representatives;\n (iv) the Minority Leader of the House of \n Representatives;\n (v) the Chairman and the Ranking Member of \n the Committee on Finance of the Senate; and\n (vi) the Chairman and the Ranking Member of \n the Committee on Ways and Means of the House of \n Representatives.\n (2) Date.--Members of the Advisory Council shall be \n appointed not later than 30 days after the date of enactment of \n this Act.\n (3) Period of appointment; vacancies.--Members shall be \n appointed for the life of the Council. A vacancy on the \n Advisory Council shall be filled not later than 30 days after \n the date on which the Advisory Council is given notice of the \n vacancy, in the same manner as the original appointment.\n (4) Meetings.--\n (A) Initial meeting.--The Advisory Council shall \n conduct an initial meeting not later than 120 days \n after the date of enactment of this Act.\n (B) Meetings.--The Advisory Council shall conduct \n such meetings as the Council determines to be necessary \n to carry out its duties but shall meet not less \n frequently than 2 times during each calendar year.\n (d) Duties.--The duties of the Advisory Council shall include \nproviding advice and recommendations to--\n (1) Congress and the Secretary concerning the coverage of \n rehabilitation services under the medicare program, including--\n (A) policy issues related to rehabilitative \n treatment and reimbursement for rehabilitative care, \n such as issues relating to any rulemaking relating to, \n or impacting, rehabilitation hospitals and units;\n (B) the appropriate criteria for--\n (i) determining clinical appropriateness of \n inpatient rehabilitation facility admissions; \n and\n (ii) distinguishing an inpatient \n rehabilitation facility from an acute care \n hospital and other providers of intensive \n medical rehabilitation;\n (C) the efficacy of inpatient rehabilitation \n services, as opposed to other post-acute inpatient \n settings, through a comparison of quality and cost, \n controlling for patient characteristics (such as \n medical severity and motor and cognitive function) and \n discharge destination;\n (D) the effect of any medicare regulations on \n access to inpatient rehabilitation care by medicare \n beneficiaries and the clinical effectiveness of care \n available to such beneficiaries in other health care \n settings; and\n (E) any other topic or issue that the Secretary or \n Congress requests the Advisory Council to provide \n advice and recommendations on; and\n (2) appropriate Federal agencies (as defined in subsection \n (a)) on how to best utilize available research funds and \n authorities focused on medical rehabilitation research, \n including post-acute care site of service and outcomes \n research.\n (e) Periodic Reports.--The Advisory Council shall provide the \nSecretary with periodic reports that summarize--\n (1) the Council's activities; and\n (2) any recommendations for legislation or administrative \n action the Council considers to be appropriate.\n (f) Termination.--The Advisory Council shall terminate on September \n30, 2010.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out the purposes of \nthis section.\n (h) Effective Date.--This section shall take effect on the date of \nenactment of this Act.","summary":"Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004. (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold. Or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act. (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act. And (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act. And (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.","title":"To extend the 50 percent compliance threshold used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility and to establish the National Advisory Council on Medical Rehabilitation.","text_len":8775,"sum_len":1786} {"bill_id":"112_hr4220","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home-Based Health Services Training \nand Employment Act of 2012''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) The ``baby boom'' generation will require health care \n attention that will exceed the current supply of health care \n providers.\n (2) There is a shortage of training programs specializing \n in health care and long-term services that focus on home care \n instead of institutionalized care.\n (3) Although the need for home-based health services \n transcends all income levels, the availability of such services \n is more limited for residents of public housing.\n (4) Estimates indicate that there are 44,000,000 caregivers \n in the United States providing unpaid care to at least one \n adult, representing 22,900,000 households.\n (5) Of working persons providing unpaid care, 62 percent \n have had to make adjustments to work schedules or leave \n employment.\n (6) Many low-income families in the United States are \n placed in an untenable position of choosing between work and \n caregiving responsibilities at home.\n (7) Many residents of public housing in the United States \n are aging and in need of care.\n (8) The Department of Housing and Urban Development \n estimates the percentage of households assisted by the \n Department that are elderly households is 35 percent in New \n York, 33 percent in Boston, 35 percent in Chicago, 24 percent \n in Cleveland, 40 percent in Los Angeles, and 20 percent in \n Puerto Rico.\n (9) New service programs are needed to provide home-based \n health services to residents of public housing and to provide \n job training and job placement for persons receiving assistance \n from the Department of Housing and Urban Development needing \n employment.\n (10) The Department of Housing and Urban Development should \n establish a home-based health services pilot program to meet \n the challenges of the increasing number of elderly persons and \n persons with disabilities in public housing, which would \n simultaneously create an opportunity to train job seekers in a \n trade that provides home-based health services.\n (b) Purposes.--The purposes of this Act are--\n (1) to give flexibility to the Department of Housing and \n Urban Development and other entities to establish training \n programs in home-based health services for public housing \n residents; and\n (2) to provide needed home care options to elderly and \n disabled public housing residents (including elderly and \n disabled veterans who are public housing residents) and elderly \n and disabled residents of federally-assisted rental housing to \n allow them to remain in their homes and their communities.\n\nSEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO \n PROVIDE COVERED HOME-BASED HEALTH SERVICES.\n\n Section 34 of the United States Housing Act of 1937 (42 U.S.C. \n1437z-6) is amended by adding at the end the following new subsections:\n ``(f) Pilot Grant Program To Train Public Housing Residents To \nProvide Covered Home-Based Health Services.--\n ``(1) Establishment of pilot grant program.--The Secretary, \n in consultation with the Secretary of Health and Human \n Services, shall establish a competitive grant program to make \n grants to eligible entities under paragraph (2) for use for the \n training of public housing residents as home health aides and \n as providers of home-based health services (including as \n personal and home care aides) to enable such residents to \n provide covered home-based health services to--\n ``(A) residents of public housing who are elderly \n or disabled, or both (including elderly and disabled \n veterans who are residents of public housing); and\n ``(B) subject to the criteria set forth pursuant to \n paragraph (3), residents of federally-assisted rental \n housing who are elderly or disabled, or both.\n ``(2) Eligible entities.--A grant under this subsection may \n be made only to an entity that--\n ``(A) is a public housing agency or other unit of \n State or local government (including an agency of such \n unit), community health center, home care provider \n organization, faith-based organization, labor \n organization, or other organization determined to be \n qualified by the Secretary; and\n ``(B) demonstrates to the satisfaction of the \n Secretary that it has established, or provides such \n assurances that it will establish, an employment \n training program to train public housing residents to \n provide covered home-based health services that \n complies with regulations that the Secretary shall \n issue.\n ``(3) Residents of federally-assisted rental housing.--The \n Secretary may set forth criteria under which an entity \n receiving funding under this subsection may train public \n housing residents to provide covered home-based health services \n to elderly and disabled residents of federally-assisted rental \n housing.\n ``(4) Application.--To be eligible for a grant under this \n subsection an eligible entity under paragraph (2) shall submit \n to the Secretary an application at such time, in such manner, \n and containing such information as the Secretary shall require.\n ``(5) Competitive grant awards.--\n ``(A) General criteria for selection.--The \n Secretary shall establish policies and procedures for \n reviewing and approving funding for eligible entities \n through a competitive process taking into \n consideration--\n ``(i) with respect to the service area in \n which public housing residents trained under an \n employment training program described in \n paragraph (2)(B) will provide covered home-\n based health services--\n ``(I) the percentage of residents \n age 62 and older;\n ``(II) the percentage of disabled \n residents; and\n ``(III) the percentage of \n unemployed or underemployed residents;\n ``(ii) the ability of an eligible entity to \n provide training that leads to the provision of \n quality care;\n ``(iii) the record of the quality of care \n of an eligible entity; and\n ``(iv) such other criteria as determined by \n the Secretary.\n ``(B) Geographic consideration.--In awarding \n grants, the Secretary shall consider a geographic mix \n of a variety of eligible entities so that the grant \n program will include at least--\n ``(i) one employment training program \n described in paragraph (2)(B) that primarily \n serves an urban population;\n ``(ii) one employment training program \n described in paragraph (2)(B) that primarily \n serves a rural population;\n ``(iii) one employment training program \n described in paragraph (2)(B) that primarily \n serves an Indian population; and\n ``(iv) one employment training program \n described in paragraph (2)(B) that primarily \n serves a population in the Commonwealth of \n Puerto Rico, the United States Virgin Islands, \n Guam, American Samoa, or the Commonwealth of \n the Northern Mariana Islands.\n ``(6) Use of grant funds.--An entity receiving funding \n under this subsection may use such funds--\n ``(A) to establish (or maintain) and carry-out an \n employment training program to train public housing \n residents to provide covered home-based health care \n services to elderly and disabled public housing \n residents and elderly and disabled residents of \n federally-assisted rental housing;\n ``(B) for the transportation expenses of public \n housing residents in training under such an employment \n training program;\n ``(C) for the child care expenses of public housing \n residents in training under such an employment training \n program;\n ``(D) for the administrative expenses of carrying \n out such an employment training program; and\n ``(E) for any other activity the Secretary \n determines appropriate.\n ``(7) Report to congress.--Not later than 24 months after \n the date of the enactment of the Home-Based Health Services \n Training and Employment Act of 2012, the Secretary shall submit \n to Congress a report on the use and impact of the grant program \n established by this subsection. The report shall include--\n ``(A) a review of the effectiveness of the program \n in--\n ``(i) providing jobs for public housing \n residents;\n ``(ii) meeting the unmet health and long-\n term care needs of elderly and disabled \n residents of public housing and elderly and \n disabled residents of federally-assisted rental \n housing; and\n ``(iii) enabling the provision of quality \n care; and\n ``(B) any recommendations the Secretary determines \n appropriate regarding the grant program.\n ``(8) Definitions.--As used in this subsection, subsection \n (g), and subsection (h):\n ``(A) Home-based health services.--The term `home-\n based health services' means health care and long-term \n services provided to an individual in a place of \n residence used as such individual's home and includes--\n ``(i) home health services described in \n section 1861(m) of the Social Security Act (42 \n U.S.C. 1395x(m));\n ``(ii) personal care services described in \n section 1905(a)(24) of such Act (42 U.S.C. \n 1396d(a)(24)); and\n ``(iii) home-based services which may be \n covered under a waiver under subsection (c) or \n (d) of section 1915 of such Act (42 U.S.C. \n 1396n).\n ``(B) Home health aide.--The term `home health \n aide' has the meaning given the term in section \n 1891(a)(3)(E) of the Social Security Act (42 U.S.C. \n 1395bbb(a)(3)(E)).\n ``(C) Covered.--The term `covered' means, with \n respect to home-based health services, such services--\n ``(i) for which medical assistance is \n available under a State plan under title XIX of \n the Social Security Act; or\n ``(ii) for which financial assistance is \n available under subsection (g).\n ``(D) Federally-assisted rental housing.--The term \n `federally-assisted rental housing' means--\n ``(i) housing assisted under section 202 of \n the Housing Act of 1959 (12 U.S.C. 1701q);\n ``(ii) housing assisted under section 515 \n of the Housing Act of 1949 (42 U.S.C. 1485);\n ``(iii) housing assisted under section 8 of \n the United States Housing Act of 1937 (42 \n U.S.C. 1437f) (including project-based and \n tenant-based assistance);\n ``(iv) housing assisted under the block \n grant program under the Native American Housing \n Assistance and Self-Determination Act of 1996 \n (25 U.S.C. 4101 et seq.);\n ``(v) housing financed by a mortgage \n insured under section 221(d)(3) of the National \n Housing Act (12 U.S.C. 1715l(d)(3)) or held by \n the Secretary, a State, or State agency; and\n ``(vi) housing assisted under section 811 \n of the Cranston-Gonzalez National Affordable \n Housing Act (42 U.S.C. 8013).\n ``(9) Inapplicability of previous subsections.--Subsections \n (a) through (e) shall not apply to this subsection, subsection \n (g), and subsection (h).\n ``(10) Rule of construction.--This subsection and \n subsection (g) may not be construed as affecting any \n requirement under State law for training, licensure, or any \n other certification as a home health aide or as a provider of \n any home-based health service under this subsection and \n subsection (g).\n ``(11) Regulations.--Not later than 6 months after the date \n of enactment of the Home-Based Health Services Training and \n Employment Act of 2012, the Secretary shall issue regulations \n to carry out this subsection.\n ``(g) Financial Assistance for Home-Based Health Services in \nCertain Jurisdictions.--\n ``(1) Financial assistance.--The Secretary, in consultation \n with the Secretary of Health and Human Services, may provide \n financial assistance under this subsection to entities \n receiving grant funds under the pilot program established under \n subsection (f) that provide training for public housing \n residents as home health aides and as providers of home-based \n health services and provide (or pay for) such services for use \n only for their costs in providing (or paying for) such services \n to--\n ``(A) residents of public housing who are elderly \n or disabled, or both (including elderly or disabled \n veterans who are residents of public housing); or\n ``(B) at the discretion of the Secretary, residents \n of federally-assisted rental housing who are elderly or \n disabled, or both.\n ``(2) Requirements.--\n ``(A) Location.--Assistance under paragraph (1) may \n be provided only for services furnished in locations in \n which medical assistance for home-based health services \n is not available under a State plan under title XIX of \n the Social Security Act.\n ``(B) Trained public housing residents.--Assistance \n under paragraph (1) may be used only for costs of \n services described in paragraph (1) that are provided \n by public housing residents trained by an entity \n receiving grant funds under the pilot program \n established under subsection (f).\n ``(3) Eligibility.--To be eligible for financial assistance \n under this subsection an entity shall--\n ``(A) provide such assurances as the Secretary \n shall require that it will use the funds only as \n provided in paragraphs (1) and (2);\n ``(B) submit to the Secretary an application at \n such time, in such manner, and containing such \n information as the Secretary requires; and\n ``(C) comply with such other terms and conditions \n as the Secretary shall establish to carry out this \n subsection.\n ``(h) Impact of Income on Eligibility for Housing Benefits.--For \nany resident of public housing who is trained as a home health aide or \nas a provider of home-based health services pursuant to the program \nunder subsection (f), any income received by such resident for \nproviding covered home-based health services shall apply towards \neligibility for benefits under Federal housing programs as follows:\n ``(1) No income received shall apply for the 12 months \n after the completion of the training of such resident.\n ``(2) Twenty-five percent of income received shall apply \n for the period that is 12 to 24 months after the completion of \n the training of such resident.\n ``(3) Fifty percent of income received shall apply for the \n period that is 24 to 36 months after the completion of the \n training of such resident.\n ``(4) One-hundred percent of income received shall apply \n for any period that begins after 36 months after the completion \n of the training of such resident.''.","summary":"Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services to residents of: (1) public housing who are elderly, disabled, or both. And (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.","title":"To establish a pilot program to train public housing residents as home health aides and in home-based health services to enable such residents to provide covered home-based health services to residents of public housing and residents of federally-assisted rental housing, who are elderly and disabled, and for other purposes.","text_len":18323,"sum_len":1470} {"bill_id":"109_hr4762","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Second Chance Voting Rights Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The right to vote is the most fundamental act performed \n by citizens in our great representative democracy.\n (2) Citizen participation in local, State, and Federal \n elections is the primary means to assure representation of many \n constituent groups in the political process.\n (3) More than 500,000 Americans who were convicted of \n felony crimes have served their entire sentence and stand free \n and clear of incarceration and parole.\n (4) It is the civic duty of every citizen of the United \n States to vote in any election in order to guarantee full and \n fair representation of all interests.\n (5) Allowing ex-offenders to vote restores them to their \n role as responsible citizens in this great country whose \n greatness is strengthened by the civic rehabilitation and \n participation of all nonvoting citizens.\n (6) The States of Alaska, Arkansas, California, Colorado, \n Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, \n Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, \n New Hampshire, New Jersey, New York, North Dakota, Ohio, \n Oregon, Pennsylvania, Rhode Island, South Carolina, South \n Dakota, West Virginia, and Wisconsin, and the District of \n Columbia, restore the right to vote automatically upon the \n completion of sentence, including parole.\n (7) The United States should ensure that the Federal voting \n rights of a person are restored upon the unconditional release \n of that person from prison and the completion of sentence, \n including parole.\n\nSEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF \n A CRIMINAL OFFENSE.\n\n (a) In General.--The right of an individual who is a citizen of the \nUnited States to vote in any election for Federal office shall not be \ndenied or abridged because that individual has been convicted of a \ncriminal offense.\n (b) Applicability.--Subsection (a) shall apply to an individual \nconvicted of a criminal offense upon the unconditional release of that \nindividual from incarceration for that offense and the completion of \nsentence for that offense, including parole.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Attorney General.--The Attorney General may, in a civil action, \nobtain such declaratory or injunctive relief as is necessary to remedy \na violation of this Act.\n (b) Private Right of Action.--\n (1) A person who is aggrieved by a violation of this Act \n may provide written notice of the violation to the chief \n election official of the State involved.\n (2) Except as provided in paragraph (3), if the violation \n is not corrected within 90 days after receipt of a notice under \n paragraph (1), or within 20 days after receipt of the notice if \n the violation occurred within 120 days before the date of an \n election for Federal office, the aggrieved person may, in a \n civil action obtain declaratory or injunctive relief with \n respect to the violation.\n (3) If the violation occurred within 30 days before the \n date of an election for Federal office, the aggrieved person \n need not provide notice to the chief election official of the \n State under paragraph (1) before bringing a civil action to \n obtain declaratory or injunctive relief with respect to the \n violation.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``election'' means--\n (A) a general, special, primary, or runoff \n election;\n (B) a convention or caucus of a political party \n held to nominate a candidate;\n (C) a primary election held for the selection of \n delegates to a national nominating convention of a \n political party; or\n (D) a primary election held for the expression of a \n preference for the nomination of persons for election \n to the office of President; and\n (2) the term ``Federal office'' means the office of \n President or Vice President of the United States, or of Senator \n or Representative in, or Delegate or Resident Commissioner to, \n the Congress of the United States.\n\nSEC. 6. RELATION TO OTHER LAWS.\n\n (a) State Laws.--Nothing in this Act shall be construed to prohibit \nthe States enacting any State law which affords the right to vote in \nany election for Federal office on terms less restrictive than those \nestablished by this Act.\n (b) Federal Laws.--The rights and remedies established by this Act \nare in addition to all other rights and remedies provided by law, and \nneither rights and remedies established by this Act shall supersede, \nrestrict, or limit the application of the Voting Rights Act of 1965 (42 \nU.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. \n1973-gg).","summary":"Second Chance Voting Rights Act of 2006 - Declares that the right of a US citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole. Provides for enforcement of, and remedies for, violations of this Act. Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms.","title":"To secure the Federal voting rights of a person upon the unconditional release of that person from prison and the completion of sentence, including parole.","text_len":5286,"sum_len":583} {"bill_id":"113_hr2545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accuracy in Medicare Physician \nPayment Act of 2013''.\n\nSEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS \n USED IN MEDICARE PHYSICIAN FEE SCHEDULE.\n\n Section 1848(c)(2) of the Social Security Act (42 U.S.C. \n1395m(c)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(M) Use of expert advisory panel regarding \n relative value scale process used.--\n ``(i) In general.--For purposes of \n providing oversight to the processes (including \n the process described in subparagraph (K)) \n relating to valuation of physicians' services, \n not later than 90 days after the date of the \n enactment of this subparagraph, the Secretary \n shall establish and appoint an expert outside \n advisory panel (in this subparagraph referred \n to as the `panel').\n ``(ii) Composition of panel.--The panel \n shall be composed of individuals with expertise \n in the valuation of physicians' services, such \n as individuals who are medical directors for \n carriers, experts in medical economics and \n technology diffusion, and private payer plan \n representatives, and shall include a mix of \n physicians in different specialty areas, \n particularly physicians who are not directly \n affected by changes in the valuation of \n physicians' services under this section (such \n as retired physicians and physicians who are \n employed by managed care organizations or \n academic medical centers), as well as \n representatives of individuals enrolled under \n this part.\n ``(iii) Duties.--\n ``(I) In general.--The panel shall \n provide oversight to the processes of \n identifying, reviewing, and adjusting \n valuations for physicians' services \n under this section, including \n activities described in the succeeding \n provisions of this clause.\n ``(II) Establishment of screens.--\n The panel may establish screens (in \n addition to the screens identified \n under subparagraph (K)(ii)) and other \n means for identifying physicians' \n services for which there are \n potentially misvalued codes for review, \n such as services that have experienced \n substantial changes in length of stay, \n site of service, volume, practice \n expense, and other factors that may \n indicate changes in physician work.\n ``(III) Data collection.--The panel \n may collect data and develop supporting \n evidence relating to the valuation of \n physicians' services.\n ``(IV) Surveys.--The panel may \n conduct surveys of suppliers of \n physicians' services and may conduct \n time and motion studies relating to \n such valuations.\n ``(V) Transmitting codes for review \n and recommendations.--The panel may \n transmit with supporting evidence codes \n for review and recommendations through \n the means described in subparagraphs \n (I) through (III) of subparagraph \n (K)(iii).\n ``(VI) Evaluation of \n recommendations submitted.--The panel \n shall evaluate any recommendations \n submitted through such means (whether \n pursuant to the solicitation under \n subclause (V) or otherwise) and report \n to the Secretary on such evaluation.\n The panel's activities under subclauses (III) \n and (IV) may be conducted directly or through \n contracts with appropriate, qualified entities.\n ``(iv) Application of faca.--The Federal \n Advisory Committee Act (5 U.S.C. App.) shall \n apply to the panel, except that section 14 of \n such Act shall not apply.\n ``(v) Funding.--The Secretary shall provide \n for the transfer of not to exceed $10,000,000 \n for each fiscal year (beginning with fiscal \n year 2014) from the Federal Medical \n Supplementary Medical Insurance Trust Fund \n established in section 1841 to the Center for \n Medicare & Medicaid Services Program Management \n Account to carry out this subparagraph, \n including for the management and staffing of \n the panel and the conduct of activities \n described in clause (iii).''.","summary":"Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.","title":"Accuracy in Medicare Physician Payment Act of 2013","text_len":6275,"sum_len":326} {"bill_id":"108_hr4434","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Child Left Behind Reform Act''.\n\nSEC. 2. ADEQUATE YEARLY PROGRESS.\n\n (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of \nthe Elementary and Secondary Education Act of 1965 (20 U.S.C. \n6311(b)(2)) is amended--\n (1) in subparagraph (C)(vii)--\n (A) by striking ``such as'';\n (B) by inserting ``such as measures of individual \n or cohort growth over time based on the academic \n assessments implemented in accordance with paragraph \n (3),'' after ``described in clause (v),''; and\n (C) by striking ``attendance rates,''; and\n (2) in subparagraph (D)--\n (A) by striking clause (ii);\n (B) by striking ``the State'' and all that follows \n through ``ensure'' and inserting ``the State shall \n ensure''; and\n (C) by striking ``; and'' and inserting a period.\n (b) Academic Assessment and Local Educational Agency and School \nImprovement.--Section 1116(a)(1)(B) of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking \n``, except that'' and all that follows through ``action or \nrestructuring''.\n\nSEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.\n\n Part A of title I of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.\n\n ``(a) Grant Authority.--The Secretary may award grants, on a \ncompetitive basis, to State educational agencies to enable the State \neducational agencies to develop or increase the capacity of data \nsystems for accountability purposes and award subgrants to increase the \ncapacity of local educational agencies to upgrade, create, or manage \ninformation databases for the purpose of measuring adequate yearly \nprogress.\n ``(b) Priority.--In awarding grants under this section, the \nSecretary shall give priority to State educational agencies that have \ncreated, or are in the process of creating, a growth model or \nproficiency index as part of their adequate yearly progress \ndetermination.\n ``(c) State Use of Funds.--Each State that receives a grant under \nthis section shall use--\n ``(1) not more than 20 percent of the grant funds for the \n purpose of increasing the capacity of, or creating, State \n databases to collect information related to adequate yearly \n progress; and\n ``(2) not less than 80 percent of the grant funds to award \n subgrants to local educational agencies within the State to \n enable the local educational agencies to carry out the \n authorized activities described in subsection (d).\n ``(d) Authorized Activities.--Each local educational agency that \nreceives a subgrant under this section shall use the subgrant funds to \nincrease the capacity of the local educational agency to upgrade \ndatabases or create unique student identifiers for the purpose of \nmeasuring adequate yearly progress, by--\n ``(1) purchasing database software or hardware;\n ``(2) hiring additional staff for the purpose of managing \n such data;\n ``(3) providing professional development or additional \n training for such staff; and\n ``(4) providing professional development or training for \n principals and teachers on how to effectively use such data to \n implement instructional strategies to improve student \n achievement.\n ``(e) State Application.--Each State educational agency desiring a \ngrant under this section shall submit an application to the Secretary \nat such time, in such manner, and containing such information as the \nSecretary may require.\n ``(f) LEA Application.--Each local educational agency desiring a \nsubgrant under this section shall submit an application to the State \neducational agency at such time, in such manner, and containing such \ninformation as the State educational agency may require. Each such \napplication shall include, at a minimum, a demonstration of the local \neducational agency's ability to put such a database in place.\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $80,000,000 for each of fiscal \nyears 2005, 2006, and 2007.''.\n\nSEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.\n\n (a) Targeting Transfer Options and Supplemental Services.--Section \n1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n6316) is amended--\n (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and \n (8)(A)(i) of subsection (b), by striking the term ``all \n students enrolled in the school'' each place such term appears \n and inserting ``all students enrolled in the school, who are \n members of a group described in section 1111(b)(2)(C)(v) that \n fails to make adequate yearly progress as defined in the \n State's plan under section 1111(b)(2),'';\n (2) in subsection (b)(1), by adding at the end the \n following:\n ``(G) Maintenance of least restrictive \n environment.--A student who is eligible to receive \n services under the Individuals with Disabilities \n Education Act and who uses the option to transfer under \n subparagraph (E), paragraph (5)(A), (7)(C)(i), or \n (8)(A)(i), or subsection (c)(10)(C)(vii), shall be \n placed and served in the least restrictive environment \n appropriate, in accordance with the Individuals with \n Disabilities Education Act.'';\n (3) in clause (vii) of subsection (c)(10)(C), by inserting \n ``, who are members of a group described in section \n 1111(b)(2)(C)(v) that fails to make adequate yearly progress as \n defined in the State's plan under section 1111(b)(2),'' after \n ``Authorizing students''; and\n (4) in subparagraph (A) of subsection (e)(12), by inserting \n ``, who is a member of a group described in section \n 1111(b)(2)(C)(v) that fails to make adequate yearly progress as \n defined in the State's plan under section 1111(b)(2)'' after \n ``under section 1113(c)(1)''.\n (b) Student Already Transferred.--A student who transfers to \nanother public school pursuant to section 1116(b) of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 6316(b)) before the \neffective date of this section and the amendments made by this section, \nmay continue enrollment in such public school after the effective date \nof this section and the amendments made by this section.\n (c) Effective Date.--This section and the amendments made by this \nsection shall be effective for each fiscal year for which the amount \nappropriated to carry out title I of the Elementary and Secondary \nEducation Act of 1965 for the fiscal year, is less than the amount \nauthorized to be appropriated to carry out such title for the fiscal \nyear.\n\nSEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.\n\n Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 \n(20 U.S.C. 7801(23)(B)(ii)) is amended--\n (1) in subclause (I), by striking ``or'' after the \n semicolon;\n (2) in subclause (II), by striking ``and'' after the \n semicolon; and\n (3) by adding at the end the following:\n ``(III) in the case of a middle \n school teacher, passing a State \n approved middle school generalist exam \n when the teacher receives the teacher's \n license to teach middle school in the \n State;\n ``(IV) obtaining a State social \n studies certificate that qualifies the \n teacher to teach history, geography, \n economics, and civics in middle or \n secondary schools, respectively, in the \n State; or\n ``(V) obtaining a State science \n certificate that qualifies the teacher \n to teach earth science, biology, \n chemistry, and physics in middle or \n secondary schools, respectively, in the \n State; and''.","summary":"No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) adequate yearly progress (AYP), (2) academic assessment and local educational agency and school improvement, (3) school choice and supplemental services options. And (4) teacher qualifications. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive grants to State educational agencies to: (1) develop or increase the capacity of data systems for accountability purposes. And (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize States to: (1) use a generalist exam for middle school teachers. And (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.","title":"To improve the No Child Left Behind Act of 2001, and for other purposes.","text_len":8837,"sum_len":1469} {"bill_id":"112_hr3723","text":"SECTION 1. SHORT TITLE; SENSE OF CONGRESS.\n\n (a) Short Title.--This Act may be cited as the ``Enhanced Veteran \nHealthcare Experience Act of 2011''.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) the current health care system of the Department of \n Veterans Affairs is neither fiscally efficient nor effective in \n providing easily accessible treatment for all veterans;\n (2) health care can be provided more efficiently to provide \n veterans with care that is available closer to where they live \n and to allow veterans more flexibility in choosing their own \n doctors; and\n (3) better health care can be provided to veterans at \n little-to-no increased cost to the taxpayer by replacing the \n fee-based care system of the Department with the veterans \n enhanced care program, as described under section 2, and \n reprogramming funds to this program.\n\nSEC. 2. ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF \n VETERANS.\n\n (a) In General.--\n (1) Type of care.--Subsection (a) of section 1703 of title \n 38, United States Code, is amended to read as follows:\n ``(a)(1) The Secretary shall provide an eligible veteran with \ncovered health services that are provided by a non-Department provider \nwhom the Secretary enters into a contract with under this section if \nthe Secretary determines that facilities of the Department are not \ncapable of--\n ``(A) economically furnishing covered health services to \n such veteran because of geographical inaccessibility; or\n ``(B) furnishing covered health services to such veteran \n because such facilities lack the required personnel, resources, \n or ability.\n ``(2) In this subsection:\n ``(A) The term `covered health services' means, with \n respect to an eligible veteran, any hospital care, medical \n service, rehabilitative service, or preventative health service \n that is authorized to be provided by the Secretary to the \n veteran under this chapter or any other provision of law.\n ``(B) The term `eligible veteran' means a veteran enrolled \n in the health care system established under section 1705(a) of \n this title who elects to receive care under this section.''.\n (2) Qualified providers; quality of care.--Such section is \n amended by adding at the end the following new subsections:\n ``(e) The Secretary may enter into a contract with a non-Department \nprovider under this section if such provider--\n ``(1) demonstrates the ability to provide non-Department \n health care services to veterans;\n ``(2) meets or exceeds internal credentialing standards of \n the Department and standards of the Utilization Review \n Accreditation Commission;\n ``(3) has care coordinators who help veterans make, \n confirm, and keep medical appointments;\n ``(4) has--\n ``(A) a system that allows veterans to file \n complaints; and\n ``(B) a demonstrated ability to respond to \n potential quality indicators and patient safety events; \n and\n ``(5) has the ability to--\n ``(A) process claims from others in the network of \n the provider;\n ``(B) bill a third party (as defined in section \n 1725(f)(2) of this title) for care provided under this \n section, as appropriate; and\n ``(C) transmit directly to the Secretary any \n amounts received pursuant to subparagraph (B).\n ``(f) In carrying out this section, the Secretary shall ensure the \nfollowing:\n ``(1) With respect to each medical center of the \n Department, the Secretary is consistent in determining the \n eligibility of veterans under subsection (a).\n ``(2) The Secretary includes care coordinators of a non-\n Department provider described in subsection (e)(3) in \n initiatives of the Department to provide patient-centered care \n and uses such coordinators when the Secretary is unable to \n assign a veteran a case manager from the Department.\n ``(3) The Department and a non-Department provider under \n this section exchange clinical information to improve both \n clinical decision-making and the care a veteran receives.\n ``(4) Both non-Department facilities under this section and \n Department facilities meet performance metrics regarding--\n ``(A) the quality of health care provided; and\n ``(B) the satisfaction of veterans.\n ``(5) A non-Department facility under this section or \n employee of the Department who exceeds performance metrics \n under paragraph (4) are eligible for incentive or bonus \n payments.\n ``(g)(1) Not later than October 31 of each year, the Secretary \nshall submit to the Committee of Veterans' Affairs of the Senate and \nthe Committee on Veterans' Affairs of the House of Representatives a \nreport on care provided under this section, including--\n ``(A) the cost to the Department;\n ``(B) the number of veterans receiving care under this \n section;\n ``(C) the quality of such care and the satisfaction of such \n veterans; and\n ``(D) other matters the Secretary considers appropriate.\n ``(2) Not later than March 1 of each odd-numbered year, the \nSecretary shall submit to the Committee of Veterans' Affairs of the \nSenate and the Committee on Veterans' Affairs of the House of \nRepresentatives a report on the allocation of resources with respect to \ncare provided by the Department and by non-Department facilities.''.\n (3) Effective date.--The amendments made by paragraphs (1) \n and (2) shall take effect on October 1, 2012.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out section 1703 of title 38, \nUnited States Code, as amended by this section, for fiscal year 2013 \n$5,000,000,000.","summary":"Enhanced Veteran Healthcare Experience Act of 2011 - Expresses the sense of Congress that better health care can be provided to veterans at little-to-no increased cost by revising the Department of Veterans Affairs (VA) fee-based system for hospital care and medical services in non-VA facilities. Directs the Secretary of Veterans Affairs to provide certain enrolled veterans with health services that are provided by a non-VA provider with whom the Secretary enters into a contract pursuant to this Act if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility. Or (2) a lack of required personnel, resources, or ability at VA facilities. Authorizes the Secretary to enter a contract with a non-VA provider that: (1) demonstrates the ability to provide non-VA health care services to veterans. (2) meets or exceeds credentialing standards of the VA and the Utilization Review Accreditation Commission. (3) has coordinators who help veterans make, confirm, and keep medical appointments, a system that allows veterans to file complaints, and a demonstrated ability to respond to potential quality indicators and patient safety events. And (4) has the ability to process claims from other providers in its network, bill third parties, and transmit received amounts to the Secretary. Sets forth requirements concerning the VA's coordination with non-VA providers, performance metrics, and bonus payments for exceeding such metrics.","title":"To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enter into contracts with health care providers to improve access to health care for veterans who have difficulty receiving treatment at a health care facility of the Department of Veterans Affairs, and for other purposes.","text_len":6315,"sum_len":1506} {"bill_id":"106_s1917","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Death Penalty Abolition Act \nof 1999''.\n\nSEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.\n\n (a) Homicide-Related Offenses.--\n (1) Murder related to the smuggling of aliens.--Section \n 274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 \n U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by \n death or''.\n (2) Destruction of aircraft, motor vehicles, or related \n facilities resulting in death.--Section 34 of title 18, United \n States Code, is amended by striking ``to the death penalty \n or''.\n (3) Murder committed during a drug-related drive-by \n shooting.--Section 36(b)(2)(A) of title 18, United States Code, \n is amended by striking ``death or''\n (4) Murder committed at an airport serving international \n civil aviation.--Section 37(a) of title 18, United States Code, \n is amended, in the matter following paragraph (2), by striking \n ``punished by death or''.\n (5) Civil rights offenses resulting in death.--Chapter 13 \n of title 18, United States Code, is amended--\n (A) in section 241, by striking ``, or may be \n sentenced to death'';\n (B) in section 242, by striking ``, or may be \n sentenced to death'';\n (C) in section 245(b), by striking ``, or may be \n sentenced to death''; and\n (D) in section 247(d)(1), by striking ``, or may be \n sentenced to death''.\n (6) Murder of a member of congress, an important executive \n official, or a supreme court justice.--Section 351 of title 18, \n United States Code, is amended--\n (A) in subsection (b)(2), by striking ``death or''; \n and\n (B) in subsection (d)(2), by striking ``death or''.\n (7) Death resulting from offenses involving transportation \n of explosives, destruction of government property, or \n destruction of property related to foreign or interstate \n commerce.--Section 844 of title 18, United States Code, is \n amended--\n (A) in subsection (d), by striking ``or to the \n death penalty'';\n (B) in subsection (f)(3), by striking ``subject to \n the death penalty, or'';\n (C) in subsection (i), by striking ``or to the \n death penalty''; and\n (D) in subsection (n), by striking ``(other than \n the penalty of death)''.\n (8) Murder committed by use of a firearm during commission \n of a crime of violence or a drug trafficking crime.--Section \n 924(j)(1) of title 18, United States Code, is amended by \n striking ``by death or''.\n (9) Genocide.--Section 1091(b)(1) of title 18, United \n States Code, is amended by striking ``death or''.\n (10) First degree murder.--Section 1111(b) of title 18, \n United States Code, is amended by striking ``by death or''.\n (11) Murder by a federal prisoner.--Section 1118 of title \n 18, United States Code, is amended--\n (A) in subsection (a), by striking ``by death or''; \n and\n (B) in subsection (b), in the third undesignated \n paragraph--\n (i) by inserting ``or'' before ``an \n indeterminate''; and\n (ii) by striking ``, or an unexecuted \n sentence of death''.\n (12) Murder of a state or local law enforcement official or \n other person aiding in a federal investigation; murder of a \n state correctional officer.--Section 1121 of title 18, United \n States Code, is amended--\n (A) in subsection (a), by striking ``by sentence of \n death or''; and\n (B) in subsection (b)(1), by striking ``or death''.\n (13) Murder during a kidnaping.--Section 1201(a) of title \n 18, United States Code, is amended by striking ``death or''.\n (14) Murder during a hostage-taking.--Section 1203(a) of \n title 18, United States Code, is amended by striking ``death \n or''.\n (15) Murder with the intent of preventing testimony by a \n witness, victim, or informant.--Section 1512(a)(2)(A) of title \n 18, United States Code, is amended by striking ``the death \n penalty or''.\n (16) Mailing of injurious articles with intent to kill or \n resulting in death.--Section 1716(i) of title 18, United States \n Code, is amended by striking ``to the death penalty or''.\n (17) Assassination or kidnaping resulting in the death of \n the president or vice president.--Section 1751 of title 18, \n United States Code, is amended--\n (A) in subsection (b)(2), by striking ``death or''; \n and\n (B) in subsection (d)(2), by striking ``death or''.\n (18) Murder for hire.--Section 1958(a) of title 18, United \n States Code, is amended by striking ``death or''.\n (19) Murder involved in a racketeering offense.--Section \n 1959(a)(1) of title 18, United States Code, is amended by \n striking ``death or''.\n (20) Willful wrecking of a train resulting in death.--\n Section 1992(b) of title 18, United States Code, is amended by \n striking ``to the death penalty or''.\n (21) Bank robbery-related murder or kidnaping.--Section \n 2113(e) of title 18, United States Code, is amended by striking \n ``death or''.\n (22) Murder related to a carjacking.--Section 2119(3) of \n title 18, United States Code, is amended by striking ``, or \n sentenced to death''.\n (23) Murder related to aggravated child sexual abuse.--\n Section 2241(c) of title 18, United States Code, is amended by \n striking ``unless the death penalty is imposed,''.\n (24) Murder related to sexual abuse.--Section 2245 of title \n 18, United States Code, is amended by striking ``punished by \n death or''.\n (25) Murder related to sexual exploitation of children.--\n Section 2251(d) of title 18, United States Code, is amended by \n striking ``punished by death or''.\n (26) Murder committed during an offense against maritime \n navigation.--Section 2280(a)(1) of title 18, United States \n Code, is amended by striking ``punished by death or''.\n (27) Murder committed during an offense against a maritime \n fixed platform.--Section 2281(a)(1) of title 18, United States \n Code, is amended by striking ``punished by death or''.\n (28) Terrorist murder of a united states national in \n another country.--Section 2332(a)(1) of title 18, United States \n Code, is amended by striking ``death or''.\n (29) Murder by the use of a weapon of mass destruction.--\n Section 2332a of title 18, United States Code, is amended--\n (A) in subsection (a), by striking ``punished by \n death or''; and\n (B) in subsection (b), by striking ``by death, \n or''.\n (30) Murder by act of terrorism transcending national \n boundaries.--Section 2332b(c)(1) of title 18, United States \n Code, is amended by striking ``by death, or''.\n (31) Murder involving torture.--Section 2340A(a) of title \n 18, United States Code, is amended by striking ``punished by \n death or''.\n (32) Murder related to a continuing criminal enterprise or \n related murder of a federal, state, or local law enforcement \n officer.--Section 408 of the Controlled Substances Act (21 \n U.S.C. 848) is amended--\n (A) in each of subparagraphs (A) and (B) of \n subsection (e)(1), by striking ``, or may be sentenced \n to death'';\n (B) by striking subsections (g) and (h) and \n inserting the following:\n ``(g) [Reserved.]\n ``(h) [Reserved.]'';\n (C) in subsection (j), by striking `` and as to \n appropriateness in that case of imposing a sentence of \n death'';\n (D) in subsection (k), by striking ``, other than \n death,'' and all that follows before the period at the \n end and inserting ``authorized by law''; and\n (E) by striking subsections (l) and (m) and \n inserting the following:\n ``(l) [Reserved.]\n ``(m) [Reserved.]''.\n (33) Death resulting from aircraft hijacking.--Section \n 46502 of title 49, United States Code, is amended--\n (A) in subsection (a)(2), by striking ``put to \n death or''; and\n (B) in subsection (b)(1)(B), by striking ``put to \n death or''.\n (b) Non-Homicide Related Offenses.--\n (1) Espionage.--Section 794(a) of title 18, United States \n Code, is amended by striking ``punished by death or'' and all \n that follows before the period and inserting ``imprisoned for \n any term of years or for life''.\n (2) Treason.--Section 2381 of title 18, United States Code, \n is amended by striking ``suffer death, or''.\n (c) Repeal of Criminal Procedures Relating To Imposition of Death \nSentence.--\n (1) In general.--Chapter 228 of title 18, United States \n Code, is repealed.\n (2) Technical and conforming amendment.--The table of \n chapters for part II of title 18, United States Code, is \n amended by striking the item relating to chapter 228.\n\nSEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.\n\n (a) In General.--Notwithstanding any other provision of law, no \nperson may be sentenced to death or put to death on or after the date \nof enactment of this Act for any violation of Federal law .\n (b) Persons Sentenced Before Date of Enactment.--Notwithstanding \nany other provision of law, any person sentenced to death before the \ndate of enactment of this Act for any violation of Federal law shall \nserve a sentence of life imprisonment without the possibility of \nparole.","summary":"Prohibits sentencing to death or putting to death any person for any violation of Federal law. Directs that any person sentenced to death before the date of this Act's enactment for any such violation serve a sentence of life imprisonment without the possibility of parole.","title":"Federal Death Penalty Abolition Act of 1999","text_len":10646,"sum_len":273} {"bill_id":"106_s747","text":".\n\n Within 180 days after the date of enactment of this Act, the \nSurface Transportation Board shall promulgate regulations adopting a \nsimplified dispute resolution mechanism with the following features:\n (1) In general.--The simplified dispute resolution \n mechanism will utilize expedited arbitration with a minimum of \n discovery and may be used to decide disputes between parties \n involving any matter subject to the jurisdiction of the Board, \n other than rate reasonableness cases that would be decided \n under constrained market pricing principles.\n (2) Applicable standards.--Arbitrators will apply existing \n legal standards.\n (3) Mandatory if requested.--Use of the simplified dispute \n resolution mechanism is required whenever at least one party to \n the dispute requests.\n (4) 90-day turnaround.--Arbitrators will issue their \n decisions within 90 days after being appointed.\n (5) Payment of costs.--Each party will pay its own costs, \n and the costs of the arbitration and other administrative costs \n of arbitration will be shared equally between and among the \n parties.\n (6) Decisions private; not precedential.--Except as \n otherwise provided by the Board, decisions will remain private \n and will not constitute binding precedent.\n (7) Decisions binding and enforceable.--Except as otherwise \n provided in paragraph (8), decisions will be binding and \n enforceable by the Board.\n (8) Right to appeal.--Any party will have an unqualified \n right to appeal any decision to the Board, in which case the \n Board will decide the matter de novo. In making its decision, \n the Board may consider the decision of the arbitrator and any \n evidence and other material developed during the arbitration.\n (9) Mutual modification.--Any procedure or regulation \n adopted by the Board with respect to the simplified dispute \n resolution may be modified or eliminated by mutual agreement of \n all parties to the dispute.\n\nSEC. 9. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS.\n\n Section 11324 of title 49, United States Code, is amended--\n (1) by striking ``and'' in paragraph (4) of subsection (b);\n (2) by striking ``system.'' in paragraph (5) of subsection \n (b) and inserting ``system; and'';\n (3) by adding at the end of subsection (b) the following:\n ``(6) means and methods to encourage and expand competition \n between and among rail carriers in the affected region or the \n national rail system.''; and\n (4) by inserting after the second sentence in subsection \n (c) the following: ``The Board may impose conditions to \n encourage and expand competition between and among rail \n carriers in the affected region or the national rail system, if \n such conditions do not cause substantial harm to the benefits \n of the transaction to the affected carriers or the public.''.\n\nSEC. 10. CLARIFICATION OF STB AUTHORITY TO GRANT TEMPORARY ACCESS \n RELIEF.\n\n (a) Section 10705 of title 49, United States Code, is amended by \nadding at the end thereof the following:\n ``(d) The Board may grant temporary relief under this section when \nthe Board finds it necessary and appropriate to do so to remedy \ninadequate service. The authority provided in this section is in \naddition to the authority of the Board to provide temporary relief \nunder sections 11102 and 11123 of this title.''.\n (b) Section 11102 of title 49, United States Code, is amended by \nadding at the end thereof the following:\n ``(e) The Board may grant temporary relief under subsections (a) \nand (c) when the Board finds it necessary and appropriate to do so to \nremedy inadequate service. The authority provided in this section is in \naddition to the authority of the Board to provide temporary relief \nunder sections 10705 and 11123 of this title.''.\n (c) Section 11123 of title 49, United States Code, is amended by \nadding at the end thereof the following:\n ``(e) The authority provided in this section is in addition to the \nauthority of the Board to provide temporary relief under sections 10705 \nand 11102 of this title.''.\n\nSEC. 11. HOUSEHOLD GOODS COLLECTIVE ACTIVITIES.\n\n Section 13703(d) of title 49, United States Code,\n\nis amended by inserting ``(other than an agreement affecting only the \ntransportation of household goods, as defined on December 31, 1995)'' \nafter ``agreement'' in the first sentence.\n\nSEC. 12. AUTHORIZATION LEVELS.\n\n There are authorized to be appropriated to the Surface \nTransportation Board $16,000,000 for fiscal year 1999, $17,000,000 for \nfiscal year 2000, $17,555,000 for fiscal year 2001, and $18,129,000 for \nfiscal year 2002.\n\nSEC. 13. CHAIRMAN DESIGNATED WITH SENATE CONFIRMATION.\n\n Section 701(c)(1) of title 49, United States Code, is amended by \nstriking ``President'' and inserting ``President, by and with the \nadvice and consent of the Senate,''.","summary":"Surface Transportation Board Reauthorization and Improvement Act of 1999 - Amends Federal transportation law to declare that it is US rail transportation policy to: (1) encourage and promote effective competition within the rail industry. And (2) discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers and block effective rail service to shippers. Extends from 30 days to 60 days the period of time that the Surface Transportation Board may direct the handling, routing, and movement of rail carrier traffic during emergency situations involving congestion of traffic, unauthorized cessation of operations, or other failure of traffic movement. Directs the Board to: (1) review rules and procedures applicable to rate complaints and other complaints filed with it by small shippers. And (2) identify, and reduce or eliminate, any such rules or procedures that are unduly burdensome to them. And (3) notify specified congressional committees that such changes in the rules and procedures are appropriate. Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings. Amends US rail transportation policy to eliminate a requirement that the Board make a determination with respect to what are adequate revenues for rail carriers in the promotion of a safe and efficient rail transportation system. Requires the Board, in order to facilitate the process by which it gives due consideration to the policy that rail carriers shall earn adequate revenues, to convene a three-member panel of outside experts to make recommendations as to an appropriate methodology by which the adequacy of a carrier's revenues should be considered. Provides for situations in which a shipper and rail carrier enter into a contract for transportation that requires a through route with the connecting carrier and there is no reasonable alternative route that can be constructed without the connecting carrier' participation. Requires a connecting carrier in such a situation, upon request, to establish a through route and a contract rate for such transportation unless the connecting carrier shows that: (1) the interchange requested is not operationally feasible. Or (2) the through route would significantly impair the connecting carrier's ability to serve its other traffic. Requires contract rate complaints to be limited to the rate that applies to the portion of the through route not governed by the contract. Directs the Board to promulgate regulations adopting a simplified dispute resolution mechanism that will expedite the arbitration of disputes before the Board . Requires the Board, in proceedings which involve the merger or control of at least two Class I railroads, to consider, among other things, means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system. Authorizes the Board to impose conditions to encourage and expand such competition, provided that they do not cause substantial harm to the benefits of the transaction to the affected carriers or the public. Authorizes the Board to grant temporary access relief to a rail carrier to through routes or terminal facilities in order to remedy inadequate rail service. Excludes agreements affecting only the transportation of household goods from the requirement that Board approval of route and rate agreements between motor carriers expire within three years of such approval unless renewed. Authorizes appropriations. Requires Senate confirmation with respect to the appointment of the Board Chairman.","title":"Surface Transportation Board Reauthorization and Improvement Act of 1999","text_len":5186,"sum_len":3708} {"bill_id":"112_hr1042","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Discredit Eternal Listing Inequality \nof Species Takings Act'' or the ``DELIST Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Delhi Sands Flower-loving Fly (Rhaphiomidas \n terminates abdominalis) was listed as an endangered species \n under the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n seq.) on September 23, 1993 (58 Fed. Reg. 49881).\n (2) Nineteen years have passed since the Delhi Sands \n Flower-loving Fly was listed as an endangered species.\n (3) The Delhi Sands Flower-loving Fly's listing was based \n on a high degree of threat and a low potential for recovery for \n a listed subspecies that may be in conflict with construction \n or other development projects or other forms of economic \n activity.\n (4) On September 14, 1997, a recovery plan was issued for \n the Delhi Sands Flower-loving Fly. The plan claimed that the \n resolution of current population data is too poor to \n effectively evaluate abundance trends or population \n distributions due to the cryptic nature and rarity of the Delhi \n Sands flower-loving Fly. Thus, the recovery plan by definition \n could not establish delisting criteria.\n (5) The United States Fish and Wildlife Service's report \n entitled ``Delhi Sands Flower-loving Fly (Rhaphiomidas \n terminatus abdominalis) 5-Year Review: Summary and Evaluation'' \n (March 2008; referred to in this section as the ``5-year review \n report'') establishes that down-listing criterion 2 cannot be \n evaluated with current knowledge of the Delhi Sands Flower-\n loving Fly.\n (6) None of the Delhi Sands Flower-loving Fly conservation \n areas are currently managed to maintain perpetual sand supply. \n There is currently insufficient information to determine the \n extent or long-term importance of this impact to maintaining \n the dune ecosystem.\n (7) The cryptic nature and low density of Delhi Sands \n Flower-loving Fly complicate efforts to effectively monitor \n population abundance.\n (8) To date, it has proven difficult to conduct surveys \n that reliably quantify relevant population variables (e.g., \n density and relative abundance), and no populations are \n regularly surveyed with sufficient effort to effectively \n monitor population trends.\n (9) Public support for conservation of the sand dune system \n upon which the Delhi Sands Flower-loving Fly depends is \n limited.\n (10) The life history of the Delhi Sands Flower-loving Fly \n is largely unknown.\n (11) The 5-year review report asserts that the Delhi Sands \n Flower-loving Fly was not used to explain larval stages of such \n fly because the population was too low. Instead, a comparison \n of entomologists observed several larvae of Rhaphiomidas \n trochilus, and because R. trochilus is closely related to the \n Delhi Sands Flower-loving Fly, these observations were used to \n understand larval biology of the Delhi Sands Flower-loving Fly.\n (12) A commenter mentioned in the 5-year review report \n suggested that the Delhi Sands Flower-loving Fly may be non-\n native to the Riverside\/San Bernardino area and may have been \n accidentally introduced by the early settlers.\n (13) There is no new information in the scientific \n literature suggesting that the range of the Delhi Sands Flower-\n loving Fly is more extensive than initially identified.\n (14) Although the area of potentially suitable habitat has \n expanded, no newly discovered occupied site supports a major \n population of the Delhi Sands Flower-loving Fly that was not \n known at the time of the listing.\n (15) Within the section of the 5-year review report \n relating to abundance, it stated that no clear trends emerge \n from the demographic data that have been generated since the \n listing of the Delhi Sands Flower-loving Fly. Due to the \n cryptic nature and rarity of the Delhi Sands flower loving fly, \n it is difficult to accurately estimate abundance or density for \n this subspecies.\n (16) The 5-year review report claims range-wide surveys \n have not been attempted due to lack of funding and issues with \n access to privately owned properties.\n (17) The 5-year review report indicated that United States \n Fish and Wildlife Service biologists initiated a study in 2004 \n designed to improve Delhi Sands Flower-loving Fly survey \n protocol recommendations. This study required the effort of 3 \n biologists working 6 days a week during the peak of the flight \n season, and the data were only marginally adequate to estimate \n abundance, density, and detection probability. This effort \n indicated that measurement of population demographic trends \n will likely require substantial effort unless new techniques \n prove effective.\n (18) Because most Delhi Sands Flower-loving Fly habitat is \n in private ownership and no regulations are in place to address \n loss of unoccupied Delhi Sands Flower-loving Fly habitat, the \n permanent loss of potential and restorable Delhi Sands Flower-\n loving Fly habitat important to recovery often proceeds.\n (19) Most of the existing Delhi Sands Flower-loving Fly \n conservation sites are likely too small and fragmented to \n sustain Delhi Sands Flower-loving Fly populations through time.\n (20) In addition, while protected from development, most of \n the existing conservation areas remain susceptible to invasion \n by nonnative grasses, off-road vehicle use, and other \n disturbances.\n (21) Most conservation areas do not have monitoring \n programs to track Delhi Sands flower-loving fly occupancy or \n habitat quality.\n (22) With at least 90 percent loss of historical Delhi \n Soils, potential and suitable Delhi Sands Flower-loving Fly \n habitat available for conservation and restoration is extremely \n limited.\n (23) At the time of listing in 1993, there were only five \n small, isolated, extant populations of Delhi Sands Flower-\n loving Fly.\n (24) The 5-year review report states that recent \n observations, and the continued habitat loss and fragmentation, \n all suggest that population sizes of the Delhi Sands Flower-\n loving Fly are likely to be very small. Here, it is clear that \n the United States Fish and Wildlife Service does not know the \n size of the population. It may be possible that there is no \n longer a population to protect.\n (25) It is commonly accepted in conservation biology that \n small populations have higher probabilities of extinction than \n larger populations because their low numbers make them \n susceptible to inbreeding, loss of genetic variation, high \n variability in age and sex ratios, demographic stochasticity, \n and random naturally occurring events such as wildfires, \n floods, droughts, or disease epidemics.\n (26) Delhi Sands Flower-loving Fly populations were \n considered to be at risk at the time the subspecies was listed \n because of their small size and habitat fragmentation. We have \n no information suggesting that these threats have been \n ameliorated since the time of listing.\n (27) Monitoring efforts since the time of listing, though \n limited, do not suggest population increases, and it is \n reasonable to believe that Delhi Sands Flower-loving Fly \n populations are likely to be very small.\n (28) Together, small population size, isolation, \n populations in fragmented habitat, and increased vulnerability \n to introduced predators and competitors increase the risk of \n extirpation of the remaining Delhi Sands Flower-loving Fly \n populations.\n (29) Continued listing of the Delhi Sands Flower-loving Fly \n as an endangered species is not based on the best scientific \n and commercial data available. The 5-year review report relied \n on research conducted in 1993 or 2002. The research is 19 and 9 \n years old, respectively. The 5-year review report has not shown \n that the Delhi Sands Flower-loving Fly exist nor has there been \n a substantial increase of population during the 19 years of \n protection by the Endangered Species Act of 1973 (16 U.S.C. \n 1531 et seq.).\n\nSEC. 3. TREATMENT OF CERTAIN SPECIES AS EXTINCT.\n\n Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1531 \net sq.) is amended by adding at the end the following new paragraph:\n ``(4) Treatment of Certain Species as Extinct.--(A) A limited \nlisted species shall be treated as extinct for purposes of this Act \nupon the expiration of the 15-year period beginning on the date it is \ndetermined by the Secretary to be an endangered species, unless the \nSecretary publishes a finding that--\n ``(i) there has been a substantial increase in the \n population of the species during that period; or\n ``(ii) the continued listing of the species does not impose \n any economic hardship on communities located in the range of \n the species.\n ``(B) In this paragraph the term `limited listed species' means any \nspecies that is listed under subsection (c) as an endangered species \nfor which it is not reasonably possible to determine whether the \nspecies has been extirpated from the range of the species that existed \non the date the species was listed because not all individuals of the \nspecies were identified at the time of such listing.''.","summary":"Discredit Eternal Listing Inequality of Species Takings Act or the DELIST Act - Amends the Endangered Species Act of 1973 (ESA) to treat a limited listed species as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary of the Interior to be an endangered species, unless the Secretary publishes a finding that: (1) there has been a substantial increase in the population of the species during that period. Or (2) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. Defines limited listed species as any species that is listed as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.","title":"To amend the Endangered Species Act of 1973 to require that certain species be treated as extinct for purposes of that Act if there is not a substantial increase in the population of a species during the 15-year period beginning on the date the species is determined to be an endangered species, and for other purposes.","text_len":10229,"sum_len":961} {"bill_id":"113_hr3463","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Patrol Pay Reform Act of \n2013''.\n\nSEC. 2. BORDER PATROL RATE OF PAY.\n\n (a) Purpose.--The purposes of this section are--\n (1) to strengthen the U.S. Customs and Border Protection \n and to ensure that Border Patrol agents are sufficiently ready \n to conduct necessary work and will perform overtime hours in \n excess of a 40-hour workweek based on the needs of the \n employing agency; and\n (2) to ensure that U.S. Customs and Border Protection has \n the flexibility to cover shift changes and retains the right to \n assign scheduled and unscheduled work for mission requirements \n and planning based on operational need.\n (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, United \nStates Code, is amended by inserting after section 5549 the following:\n``Sec. 5550. Border patrol rate of pay\n ``(a) Definitions.--In this section--\n ``(1) the term `available to work', as used with respect to \n a Border Patrol agent, means that such agent is generally and \n reasonably accessible by U.S. Customs and Border Protection to \n perform unscheduled duty based on the needs of U.S. Customs and \n Border Protection;\n ``(2) the term `Border Patrol agent' means an individual \n who is performing functions included under position \n classification series 1896 (Border Patrol Enforcement) of the \n Office of Personnel Management, or any successor thereto, \n including, in the case of an individual performing the \n aforementioned functions, while such individual is performing \n covered border patrol activities;\n ``(3) the term `covered border patrol activities', as used \n with respect to a Border Patrol agent, means--\n ``(A) detecting and preventing illegal entry and \n smuggling of aliens, commercial goods, narcotics, \n weapons, or contraband into the United States;\n ``(B) arresting individuals suspected of conduct \n described in subparagraph (A);\n ``(C) attending training authorized by U.S. Customs \n and Border Protection;\n ``(D) being on approved annual, sick, or \n administrative leave;\n ``(E) being on ordered travel status;\n ``(F) being on official time, within the meaning of \n section 7131;\n ``(G) being on excused absence with pay for \n relocation purposes;\n ``(H) being on light duty due to injury or \n disability;\n ``(I) performing administrative duties or mission \n critical work assignments while maintaining law \n enforcement authority;\n ``(J) caring for the canine assigned to the Border \n Patrol agent, which may not exceed 1 hour per day; or\n ``(K) engaging in an activity similar to an \n activity described in any of the preceding \n subparagraphs while temporarily away from the regular \n duty assignment of the Border Patrol agent;\n ``(4) the term `level 1 border patrol rate of pay', as used \n with respect to a Border Patrol agent, means the rate equal to \n 1.25 times the hourly rate of basic pay otherwise applicable to \n such agent;\n ``(5) the term `level 2 border patrol rate of pay', as used \n with respect to a Border Patrol agent, means the rate equal to \n 1.125 times the hourly rate of basic pay otherwise applicable \n to such agent; and\n ``(6) the term `work period' means a 14-day biweekly pay \n period.\n ``(b) Receipt of Border Patrol Rate of Pay.--\n ``(1) Voluntary election.--\n ``(A) In general.--Not later than 30 days before \n the first day of each year beginning after the date of \n enactment of this section, a Border Patrol agent shall \n make an election as to whether such agent shall, for \n such year--\n ``(i) be assigned to the level 1 border \n patrol rate of pay;\n ``(ii) be assigned to the level 2 border \n patrol rate of pay; or\n ``(iii) decline both the level 1 and the \n level 2 border patrol rates of pay.\n ``(B) Procedures.--The Director of the Office of \n Personnel Management shall establish procedures for an \n election under subparagraph (A).\n ``(C) Information regarding election.--Not later \n than 60 days before the first day of each year \n beginning after the date of the enactment of this \n section, U.S. Customs and Border Protection shall \n provide each Border Patrol agent with information \n regarding each type of election available under \n subparagraph (A) and how to make such an election.\n ``(D) Failure to elect.--A Border Patrol agent who \n fails to make a timely election under subparagraph (A) \n shall be deemed to have made an election under clause \n (i) thereof.\n ``(E) Sense of congress.--It is the sense of \n Congress that U.S. Customs and Border Protection should \n take such action as is necessary to ensure that not \n more than 10 percent of the Border Patrol agents \n stationed at a location decline to be assigned to the \n level 1 border patrol rate of pay or the level 2 border \n patrol rate of pay.\n ``(2) Level 1 border patrol rate of pay.--For a Border \n Patrol agent who has in effect an election under paragraph \n (1)(A)(i)--\n ``(A) the Border Patrol agent shall be scheduled to \n work for 5 days per week--\n ``(i) 8 hours of regular time per day; and\n ``(ii) 2 additional hours of scheduled \n overtime on each day such agent is scheduled to \n work under clause (i);\n ``(B) for the hours of regular time work described \n in subparagraph (A)(i), the Border Patrol agent shall \n receive pay at the level 1 border patrol rate of pay;\n ``(C) for the hours of regularly scheduled overtime \n work described in subparagraph (A)(ii), the Border \n Patrol agent shall not receive--\n ``(i) additional compensation under this \n section or any other provision of law; or\n ``(ii) compensatory time off;\n ``(D) any hours during which the Border Patrol \n agent is available to work during a work period shall \n be included in the hours of regular time or regularly \n scheduled overtime scheduled under subparagraph (A);\n ``(E) the Border Patrol agent shall receive \n compensatory time off or pay at the overtime hourly \n rate of pay for hours of work in excess of 100 hours \n during a work period, as determined in accordance with \n section 5542(a)(7); and\n ``(F) the Border Patrol agent shall be charged \n leave in increments of 8 hours for 1 shift of leave, \n regardless of the length of the shift.\n ``(3) Level 2 border patrol rate of pay.--For a Border \n Patrol agent who has in effect an election under paragraph \n (1)(A)(ii)--\n ``(A) the Border Patrol agent shall be scheduled to \n work for 5 days per week--\n ``(i) 8 hours of regular time per day; and\n ``(ii) 1 additional hour of scheduled \n overtime during on each day such agent is \n scheduled to work under clause (i);\n ``(B) for the hours of regular time work described \n in subparagraph (A)(i), the Border Patrol agent shall \n receive pay at the level 2 border patrol rate of pay;\n ``(C) for the hours of regularly scheduled overtime \n work described in subparagraph (A)(ii), the Border \n Patrol agent shall not receive--\n ``(i) additional compensation under this \n section or any other provision of law; or\n ``(ii) compensatory time off;\n ``(D) any hours during which the Border Patrol \n agent is available to work during a work period shall \n be included in the hours of regular time or regularly \n scheduled overtime scheduled under subparagraph (A);\n ``(E) the Border Patrol agent shall receive \n compensatory time off or pay at the overtime hourly \n rate of pay for hours of work in excess of 90 hours \n during a work period, as determined in accordance with \n section 5542(a)(7); and\n ``(F) the Border Patrol agent shall be charged \n leave in increments of 8 hours for 1 shift of leave, \n regardless of the length of the shift.\n ``(4) Basic border patrol rate of pay.--For a Border Patrol \n agent who has in effect an election under paragraph \n (1)(A)(iii)--\n ``(A) the Border Patrol agent shall be scheduled to \n work 8 hours of regular time per day, 5 days per week;\n ``(B) any hours during which the Border Patrol \n agent is available to work during a work period shall \n be included in the hours of regular time scheduled \n under subparagraph (A); and\n ``(C) the Border Patrol agent shall receive \n compensatory time off or pay at the overtime hourly \n rate of pay for hours of work in excess of 80 hours \n during a work period, as determined in accordance with \n section 5542(a)(7).\n ``(c) Eligibility for Other Premium Pay.--A Border Patrol agent--\n ``(1) shall receive premium pay for night work in \n accordance with subsections (a) and (b) of section 5545 and \n Sunday and holiday pay in accordance with section 5546, without \n regard to the election of the Border Patrol agent under \n subsection (b)(1)(A), except that section 5546(d) shall not \n apply and eligibility for pay for, and the rate of pay for, any \n overtime work shall be determined in accordance with this \n section and section 5542(a)(7); and\n ``(2) shall not be eligible for any other form of premium \n pay under this title, except as provided in section 5542(a)(7).\n ``(d) Treatment as Basic Pay.--Any pay received at the level 1 \nborder patrol rate of pay or the level 2 border patrol rate of pay or \npay described in subsection (b)(3)(B) shall be treated as part of basic \npay for--\n ``(1) purposes of sections 5595(c), 8114(e), 8331(3), and \n 8704(c);\n ``(2) any other purpose that the Office of Personnel \n Management may by regulation prescribe; and\n ``(3) any other purpose expressly provided for by law.\n ``(e) Authority To Require Overtime Work.--Nothing in this section \nshall be construed to limit the authority of U.S. Customs and Border \nProtection to require a Border Patrol agent to perform hours of \novertime work in accordance with the needs of U.S. Customs and Border \nProtection, including if needed in the event of a local or national \nemergency.''.\n (c) Overtime Work.--Section 5542(a) of title 5, United States Code, \nis amended by adding at the end the following:\n ``(7)(A) In this paragraph, the term `Border Patrol agent' has the \nmeaning given such term in section 5550.\n ``(B) Notwithstanding the matter preceding paragraph (1) or \nparagraphs (1) and (2), for a Border Patrol agent who has in effect an \nelection to be assigned to the level 1 border patrol rate of pay under \nsection 5550(b)(1)(A)(i)--\n ``(i) except as provided in subparagraph (E), hours of work \n in excess of 100 hours during a 14-day biweekly pay period \n shall be overtime work; and\n ``(ii) the Border Patrol agent--\n ``(I) shall receive pay at the overtime hourly rate \n of pay (as determined in accordance with paragraphs (1) \n and (2)) for hours of overtime work that are officially \n ordered or approved in advance of the work assignment; \n and\n ``(II) shall receive compensatory time off for any \n hours of overtime work that are not hours of overtime \n work described in subclause (I).\n ``(C) Notwithstanding the matter preceding paragraph (1) or \nparagraphs (1) and (2), for a Border Patrol agent who has in effect an \nelection to be eligible for the level 2 border patrol rate of pay under \nsection 5550(b)(1)(A)(ii)--\n ``(i) except as provided in subparagraph (E), hours of work \n in excess of 90 hours during a 14-day biweekly pay period shall \n be overtime work; and\n ``(ii) the Border Patrol agent--\n ``(I) shall receive pay at the overtime hourly rate \n of pay (as determined in accordance with paragraphs (1) \n and (2)) for hours of overtime work that are officially \n ordered or approved in advance of the work assignment; \n and\n ``(II) shall receive compensatory time off for any \n hours of overtime work that are not hours of overtime \n work described in subclause (I).\n ``(D) Notwithstanding the matter preceding paragraph (1) or \nparagraphs (1) and (2), for a Border Patrol agent who has in effect an \nelection under section 5550(b)(1)(A)(iii)--\n ``(i) except as provided in subparagraph (E), hours of work \n in excess of 80 hours during a 14-day biweekly pay period shall \n be overtime work; and\n ``(ii) the Border Patrol agent--\n ``(I) shall receive pay at the overtime hourly rate \n of pay (as determined in accordance with paragraphs (1) \n and (2)) for hours of overtime work that are officially \n ordered or approved in advance of the work assignment; \n and\n ``(II) shall receive compensatory time off for any \n hours of overtime work that are not hours of overtime \n work described in subclause (I).\n ``(E)(i) Except as provided in clause (ii), during a 14-day \nbiweekly pay period, a Border Patrol agent shall not perform and may \nnot receive compensatory time off for more than 8 hours of overtime \nwork.\n ``(ii) U.S. Customs and Border Protection may, as it determines \nappropriate, waive the limitation under clause (i) for hours of \novertime work, but such waiver must be approved in advance of any work \nbeing performed that would be subject to compensatory time under \nsubsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II).\n ``(F) A Border Patrol agent--\n ``(i) may not earn more than 240 hours of compensatory time \n off during a year; and\n ``(ii) shall use any hours of compensatory time off not \n later than 1 year after the date on which the compensatory time \n off is accrued.''.\n (d) Technical and Conforming Amendments.--\n (1) Section 13(a) of the Fair Labor Standards Act of 1938 \n (29 U.S.C. 213(a)) is amended--\n (A) in paragraph (16), by striking ``or'' after the \n semicolon;\n (B) in paragraph (17), by striking the period at \n the end and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(18) any employee who is a Border Patrol agent, as \n defined in section 5550(a) of title 5, United States Code.''.\n (2) The table of sections for chapter 55 of title 5, United \n States Code, is amended by inserting after the item relating to \n section 5549 the following:\n\n``5550. Border patrol rate of pay.''.","summary":"Border Patrol Pay Reform Act of 2013 - Sets forth additionalnbsp. Requirements relating to the rates of pay and terms of employmentnbsp. For US Border Patrol agents . Requires Border Patrol agents to elect each year to: (1) be assigned to either a specifiednbsp. Level one or level two border patrol rate of pay governing regular rates of paynbsp, and overtime work requirements,nbsp, or (2) decline both levels. nbsp. Expresses the sense of Congress that US Customs and Border Protection (CBP) should ensure that not more than 10 of agents stationed at a location decline to be assigned to either the level 1 or level 2 border patrol rate of pay. Empowers CBP, without limitation, to require agents to perform overtime work in accordance with agency needs, including if needed in the event of a local or national emergency.","title":"Border Patrol Pay Reform Act of 2013","text_len":17005,"sum_len":824} {"bill_id":"108_s553","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Business Checking Freedom Act of \n2003''.\n\nSEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL \n BUSINESSES.\n\n Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--\n (1) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (2) by inserting after subsection (a) the following:\n ``(b) Notwithstanding any other provision of law, any depository \ninstitution may permit the owner of any deposit or account which is a \ndeposit or account on which interest or dividends are paid and is not a \ndeposit or account described in subsection (a)(2) to make up to 24 \ntransfers per month (or such greater number as the Board of Governors \nof the Federal Reserve System may determine by rule or order), for any \npurpose, to another account of the owner in the same institution. An \naccount offered pursuant to this subsection shall be considered a \ntransaction account for purposes of section 19 of the Federal Reserve \nAct unless the Board of Governors of the Federal Reserve System \ndetermines otherwise.''.\n\nSEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In General.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a depository \n institution may receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate or rates not to exceed the general \n level of short-term interest rates.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(A), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions.\n ``(C) Depository institutions defined.--For \n purposes of this paragraph, the term `depository \n institution', in addition to the institutions described \n in paragraph (1)(A), includes any trust company, \n corporation organized under section 25A or having an \n agreement with the Board under section 25, or any \n branch or agency of a foreign bank (as defined in \n section 1(b) of the International Banking Act of \n 1978).''.\n (b) Authorization for Pass Through Reserves for Member Banks.--\nSection 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) \nis amended by striking ``which is not a member bank''.\n (c) Technical and Conforming Amendments.--Section 19 of the Federal \nReserve Act (12 U.S.C. 461) is amended--\n (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking \n subparagraph (C) and redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively; and\n (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by \n striking ``subsection (b)(4)(C)'' and inserting ``subsection \n (b)''.\n\nSEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE \n REQUIREMENTS.\n\n Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. \n461(b)(2)(A)) is amended--\n (1) in clause (i), by striking ``the ratio of 3 per \n centum'' and inserting ``a ratio not greater than 3 percent \n (and which may be zero)''; and\n (2) in clause (ii), by striking ``and not less than 8 per \n centum,'' and inserting ``(and which may be zero),''.\n\nSEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES.\n\n (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. \n289(b)) is amended by adding at the end the following new paragraph:\n ``(4) Additional transfers to cover interest payments for \n fiscal years 2003 through 2007.--\n ``(A) In general.--In addition to the amounts \n required to be transferred from the surplus funds of \n the Federal reserve banks pursuant to subsection \n (a)(3), the Federal reserve banks shall transfer from \n such surplus funds to the Board for transfer to the \n Secretary of the Treasury for deposit in the general \n fund of the Treasury, such sums as are necessary to \n equal the net cost of section 19(b)(12) in each of the \n fiscal years 2003 through 2007.\n ``(B) Allocation by federal reserve board.--Of the \n total amount required to be paid by the Federal reserve \n banks under subparagraph (A) for fiscal years 2003 \n through 2007, the Board shall determine the amount each \n such bank shall pay in such fiscal year.\n ``(C) Replenishment of surplus fund prohibited.--\n During fiscal years 2003 through 2007, no Federal \n reserve bank may replenish such bank's surplus fund by \n the amount of any transfer by such bank under \n subparagraph (A).''.\n (b) Technical and Conforming Amendment.--Section 7(a) of the \nFederal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end \nthe following new paragraph:\n ``(3) Payment to treasury.--During fiscal years 2003 \n through 2007, any amount in the surplus fund of any Federal \n reserve bank in excess of the amount equal to 3 percent of the \n paid-in capital and surplus of the member banks of such bank \n shall be transferred to the Secretary of the Treasury for \n deposit in the general fund of the Treasury.''.","summary":"Business Checking Freedom Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution. Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero. Directs the Federal Reserve banks in FY 2003 through 2007 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions.","title":"A bill to allow all businesses to make up to 24 transfers each month from interest-bearing transaction accounts to other transaction accounts , to require the payment of interest on reserves held for depository institutions at Federal reserve banks, and for other purposes.","text_len":6806,"sum_len":803} {"bill_id":"110_s297","text":"SECTION 1. SHORT TITLE; AMENDMENT OF CODE.\n\n (a) Short Title.--This Act may be cited as the ``Business Relief \nand Incentives for Small Entrepreneurs Act of 2007'' or the ``Business \nRAISE Act''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR CERTAIN IMPROVEMENTS TO \n RETAIL SPACE AND FOR QUALIFIED NEW RESTAURANT \n IMPROVEMENTS.\n\n (a) Recovery Period for Depreciation of Certain Improvements to \nRetail Space.--\n (1) 15-year recovery period.--Section 168(e)(3)(E) \n (relating to 15-year property) is amended by striking ``and'' \n at the end of clause (vii), by striking the period at the end \n of clause (viii) and inserting ``, and'', and by adding at the \n end the following new clause:\n ``(ix) any qualified retail improvement \n property placed in service before January 1, \n 2008.''.\n (2) Qualified retail improvement property.--Section 168(e) \n is amended by adding at the end the following new paragraph:\n ``(8) Qualified retail improvement property.--\n ``(A) In general.--The term `qualified retail \n improvement property' means any improvement to an \n interior portion of a building which is nonresidential \n real property if--\n ``(i) such portion is open to the general \n public and is used in the trade or business of \n selling tangible personal property or services \n to the general public; and\n ``(ii) such improvement is placed in \n service more than 3 years after the date the \n building was first placed in service.\n ``(B) Certain improvements not included.--Such term \n shall not include any improvement for which the \n expenditure is attributable to--\n ``(i) the enlargement of the building,\n ``(ii) any elevator or escalator, or\n ``(iii) the internal structural framework \n of the building.''.\n (3) Requirement to use straight line method.--Section \n 168(b)(3) is amended by adding at the end the following new \n subparagraph:\n ``(I) Qualified retail improvement property \n described in subsection (e)(8).''.\n (4) Alternative system.--The table contained in section \n 168(g)(3)(B) is amended by inserting after the item relating to \n subparagraph (E)(viii) the following new item:\n\n\n \n \n \n``(E)(ix).................................................. 39''.\n \n\n (5) Effective date.--The amendments made by this section \n shall apply to qualified retail improvement property placed in \n service after the date of the enactment of this Act.\n (b) Modification of Treatment of Qualified Restaurant Property as \n15-Year Property for Purposes of Depreciation Deduction.--\n (1) Treatment to include new construction.--Paragraph (7) \n of section 168(e) (relating to classification of property) is \n amended to read as follows:\n ``(7) Qualified restaurant property.--The term `qualified \n restaurant property' means any section 1250 property which is a \n building or an improvement to a building if more than 50 \n percent of the building's square footage is devoted to \n preparation of, and seating for on-premises consumption of, \n prepared meals.''.\n (2) Effective date.--The amendment made by this subsection \n shall apply to any property placed in service after the date of \n the enactment of this Act.\n\nSEC. 3. WORK OPPORTUNITY TAX CREDIT.\n\n (a) Expansion of Eligibility to All Disabled Veterans.--Section \n51(d)(3)(A) is amended--\n (1) by striking ``who is certified'' and inserting the \n following: ``who--\n ``(i) is certified''; and\n (2) by striking the period at the end and inserting the \n following: ``; or\n ``(ii) has a disability rating under \n section 1155 of title 38, United States Code, \n of not less than 10 percent.''.\n (b) Publication and Administration of Expanded Tax Credit.--\n (1) In general.--The Secretary of Labor shall--\n (A) publicize the expansion of the work opportunity \n tax credit under subsection (a); and\n (B) provide technical assistance to employers \n desiring to take advantage of the tax credit.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated to the Secretary of Labor $2,500,000 for \n each of fiscal years 2008 through 2012 to carry out paragraph \n (1).\n (c) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for employers after the date of the \nenactment of this Act.","summary":"Business Relief and Incentives for Small Entrepreneurs Act of 2007 or the Business RAISE Act - Amends the Internal Revenue Code to: (1) allow accelerated depreciation of qualified retail improvement property placed in service before January 1, 2008. (2) allow new improvements to restaurant property to qualify for accelerated depreciation. And (3) expand the eligibility of certain disabled veterans for employment under the work opportunity tax credit.","title":"A bill to amend the Internal Revenue Code of 1986 to provide 15-year straight-line cost recovery for certain improvements to retail space and for qualified new restaurant improvements and to expand the eligibility for the work opportunity tax credit to all disabled veterans.","text_len":5551,"sum_len":454} {"bill_id":"107_hr2897","text":"SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS.\n\n (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding \nany provision of title III of the Immigration and Nationality Act (8 \nU.S.C. 1401 et seq.), the Attorney General shall provide, in accordance \nwith this section, for the granting of posthumous citizenship, as of \nSeptember 10, 2001, to a person described in subsection (b), if the \nAttorney General approves an application for such citizenship filed \nunder subsection (e).\n (b) Noncitizens Eligible for Posthumous Citizenship.--A person \nreferred to in subsection (a) is a person who--\n (1) while an alien or a noncitizen national of the United \n States, died as a result of an injury incurred in one or more \n of the events described in subsection (c);\n (2) was not culpable for any of such events; and\n (3) on September 11, 2001--\n (A) had pending an application for naturalization, \n or for a certificate of citizenship, filed with the \n Attorney General by the person; or\n (B) was the beneficiary of a pending application \n for naturalization filed with the Attorney General by a \n parent of the person.\n (c) Events Described.--\n (1) In general.--The events described in this subsection \n are the following:\n (A) The hijacking of American Airlines Flight 11 on \n September 11, 2001, the crash of that aircraft into the \n World Trade Center in New York, New York, and the \n subsequent destruction that resulted.\n (B) The hijacking of United Airlines Flight 175 on \n such date, the crash of that aircraft into the World \n Trade Center in New York, New York, and the subsequent \n destruction that resulted.\n (C) The hijacking of American Airlines Flight 77 on \n such date, the crash of that aircraft into the Pentagon \n in Arlington, Virginia, and the subsequent destruction \n that resulted.\n (D) The hijacking of United Airlines Flight 93 on \n such date, and the crash of that aircraft in Stony \n Creek Township, Pennsylvania.\n (2) Response personnel included.--Any person who died as a \n result of an injury incurred while assisting in the emergency \n response to an event described in paragraph (1) (such as \n military personnel, law enforcement officers, firefighters, \n emergency management personnel, search and rescue personnel, \n medical personnel, engineers and other personnel providing \n technical assistance, and volunteers) shall be considered to \n have died as a result of an injury incurred in such event.\n (d) Requirements.--\n (1) In general.--Unless otherwise provided by this section, \n no person may be granted posthumous citizenship under this \n section who would not otherwise have been eligible for \n naturalization on the date of the person's death. Unless \n otherwise provided by this section, any provision of law that \n specifically bars or prohibits a person from being naturalized \n as a citizen of the United States shall be applied to the \n granting of posthumous citizenship under this section.\n (2) Waiver of english language and government \n requirements.--Notwithstanding section 312 of the Immigration \n and Nationality Act (8 U.S.C. 1423), or any similar provision \n of law requiring that a person demonstrate an understanding of \n the English language or a knowledge and understanding of the \n fundamentals of the history, and of the principles and form of \n government, of the United States in order to be naturalized, no \n such demonstration shall be required for the granting of \n posthumous citizenship under this section.\n (3) Waiver of oath.--No oath of renunciation or allegiance \n shall be required for the granting of posthumous citizenship \n under this section.\n (4) Investigation of applicants; examination of \n applications.--To the maximum extent practicable, the \n investigation and examination described in section 335 of the \n Immigration and Nationality Act (8 U.S.C. 1446) shall be \n conducted with respect to an application described in \n subsection (b)(3) in the same manner as they otherwise would \n have been conducted if the subject of the application had not \n died.\n (e) Requests for Posthumous Citizenship.--A request for the \ngranting of posthumous citizenship to a person described in subsection \n(b) may be filed on behalf of the person only by the next of kin (as \ndefined by the Attorney General) or another representative (as defined \nby the Attorney General), and must be filed not later than 2 years \nafter the later of--\n (1) the date of the enactment of this section; or\n (2) the date of the person's death.\n (f) Documentation of Posthumous Citizenship.--If the Attorney \nGeneral approves such a request to grant a person posthumous \ncitizenship, the Attorney General shall send to the individual who \nfiled the request a suitable document which states that the United \nStates considers the person to have been a citizen of the United States \non and after September 10, 2001.\n (g) No Benefits to Survivors.--Nothing in this section shall be \nconstrued as providing for any benefits under the Immigration and \nNationality Act for any spouse, son, daughter, or other relative of a \nperson granted posthumous citizenship under this section.","summary":"Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001.","title":"To provide for the granting of posthumous citizenship to certain aliens lawfully admitted for permanent residence who died as a result of the hijackings of 4 commercial aircraft, the attacks on the World Trade Center, or the attack on the Pentagon, on September 11, 2001, and for other purposes.","text_len":5865,"sum_len":431} {"bill_id":"108_s1228","text":"SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Home Lead Safety \nTax Credit Act of 2003''.\n (b) Findings.--Congress finds that:\n (1) Of the 98,000,000 housing units in the United States, \n 38,000,000 have lead-based paint.\n (2) Of the 38,000,000 housing units with lead-based paint, \n 25,000,000 pose a hazard, as defined by Environmental \n Protection Agency and Department of Housing and Urban \n Development standards, due to conditions such as peeling paint \n and settled dust on floors and windowsills that contain lead at \n levels above Federal safety standards.\n (3) Though the number of children in the United States ages \n 1 through 5 with blood levels higher than the Centers for \n Disease Control action level of 10 micrograms per deciliter has \n declined to 300,000, lead poisoning remains a serious, entirely \n preventable threat to a child's intelligence, behavior, and \n learning.\n (4) The Secretary of Health and Human Services has \n established a national goal of ending childhood lead poisoning \n by 2010.\n (5) Current Federal lead abatement programs, such as the \n Lead Hazard Control Grant Program of the Department of Housing \n and Urban Development, only have resources sufficient to make \n approximately 7,000 homes lead-safe each year. In many cases, \n when State and local public health departments identify a lead-\n poisoned child, resources are insufficient to reduce or \n eliminate the hazards.\n (6) Approximately 15 percent of children are lead-poisoned \n by home renovation projects performed by remodelers who fail to \n follow basic safeguards to control lead dust.\n (7) Old windows typically pose significant risks because \n wood trim is more likely to be painted with lead-based paint, \n moisture causes paint to deteriorate, and friction generates \n lead dust. The replacement of old windows that contain lead \n based paint significantly reduces lead poisoning hazards in \n addition to producing significant energy savings.\n (c) Purpose.--The purpose of this section is to encourage the safe \nremoval of lead hazards from homes and thereby decrease the number of \nchildren who suffer reduced intelligence, learning difficulties, \nbehavioral problems, and other health consequences due to lead-\npoisoning.\n\nSEC. 2. LEAD ABATEMENT TAX CREDIT.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \n(relating to foreign tax credit, etc.) is amended by adding at the end \nthe following new section:\n\n``SEC. 30B. HOME LEAD ABATEMENT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter an amount equal to 50 percent \nof the abatement cost paid or incurred by the taxpayer during the \ntaxable year for each eligible dwelling unit of the taxpayer.\n ``(b) Limitation.--The amount of the credit allowed under \nsubsection (a) for any eligible dwelling unit shall not exceed--\n ``(1) $1,500, over\n ``(2) the aggregate cost taken into account under \n subsection (a) with respect to such unit for all preceding \n taxable years.\n ``(c) Definitions and Special Rules.--For purposes of this section:\n ``(1) Abatement cost.--\n ``(A) In general.--The term `abatement cost' means, \n with respect to any eligible dwelling unit--\n ``(i) the cost for a certified risk \n assessor to conduct an assessment to determine \n the presence of a lead-based paint hazard,\n ``(ii) the cost for a certified lead \n abatement supervisor to perform the removal of \n paint and dust, the permanent enclosure or \n encapsulation of lead-based paint, the \n replacement of painted surfaces or fixtures, or \n the removal or permanent covering of soil when \n lead-based paint hazards are present in such \n paint, dust, or soil,\n ``(iii) the cost for a certified lead \n abatement supervisor to perform all \n preparation, cleanup, disposal, and \n postabatement clearance testing activities \n associated with the activities described in \n clause (ii), and\n ``(iv) costs incurred by or on behalf of \n any occupant of such dwelling unit for any \n relocation which is necessary to achieve \n occupant protection (as defined under section \n 1345 of title 24, Code of Federal Regulations).\n ``(B) Limitation.--The term `abatement cost' does \n not include any cost to the extent such cost is funded \n by any grant, contract, or otherwise by another person \n (or any governmental agency).\n ``(2) Eligible dwelling unit.--\n ``(A) In general.--The term `eligible dwelling \n unit' means any dwelling unit--\n ``(i) placed in service before 1978,\n ``(ii) located in the United States, and\n ``(iii) determined by a certified risk \n assessor to have a lead-based paint hazard.\n ``(B) Dwelling unit.--The term `dwelling unit' has \n the meaning given such term by section 280A(f)(1).\n ``(3) Lead-based paint hazard.--The term `lead-based paint \n hazard' has the meaning given such term under part 745 of title \n 40, Code of Federal Regulations.\n ``(4) Certified lead abatement supervisor.--The term \n `certified lead abatement supervisor' means an individual \n certified by the Environmental Protection Agency pursuant to \n section 745.226 of title 40, Code of Federal Regulations, or an \n appropriate State agency pursuant to section 745.325 of title \n 40, Code of Federal Regulations.\n ``(5) Certified inspector.--The term `certified inspector' \n means an inspector certified by the Environmental Protection \n Agency pursuant to section 745.226 of title 40, Code of Federal \n Regulations, or an appropriate State agency pursuant to section \n 745.325 of title 40, Code of Federal Regulations.\n ``(6) Certified risk assessor.--The term `certified risk \n assessor' means a risk assessor certified by the Environmental \n Protection Agency pursuant to section 745.226 of title 40, Code \n of Federal Regulations, or an appropriate State agency pursuant \n to section 745.325 of title 40, Code of Federal Regulations.\n ``(7) Documentation required for credit allowance.--No \n credit shall be allowed under subsection (a) with respect to \n any eligible dwelling unit unless--\n ``(A) after lead abatement is complete, a certified \n inspector or certified risk assessor provides written \n documentation to the taxpayer that includes--\n ``(i) a certification that the \n postabatement procedures (as defined by section \n 745.227 of title 40, Code of Federal \n Regulations) have been performed and that the \n unit does not contain lead dust hazards (as \n defined by section 745.227(e)(8)(viii) of title \n 40, Code of Federal Regulations), and\n ``(ii) documentation showing that the lead \n abatement meets the requirements of this \n section, and\n ``(B) the taxpayer files with the appropriate State \n agency--\n ``(i) the documentation described in \n subparagraph (A),\n ``(ii) a receipt from the certified risk \n assessor documenting the costs of determining \n the presence of a lead-based paint hazard,\n ``(iii) a receipt from the certified lead \n abatement supervisor documenting the abatement \n cost (other than the costs described in \n paragraph (1)(A)(i)), and\n ``(iv) a statement indicating the age of \n the dwelling unit.\n ``(8) Basis reduction.--The basis of any property for which \n a credit is allowable under subsection (a) shall be reduced by \n the amount of such credit (determined without regard to \n subsection (d)).\n ``(d) Limitation Based on Amount of Tax.--The credit allowed under \nsubsection (a) for the taxable year shall not exceed the excess of--\n ``(1) the sum of the regular tax liability (as defined in \n section 26(b)) plus the tax imposed by section 55, over\n ``(2) the sum of the credits allowable under subpart A and \n sections 27, 29, 30, and 30A for the taxable year.\n ``(e) Carryforward Allowed.--\n ``(1) In general.--If the credit amount allowable under \n subsection (a) for a taxable year exceeds the amount of the \n limitation under subsection (d) for such taxable year (referred \n to as the `unused credit year' in this subsection), such excess \n shall be allowed as a credit carryforward for each of the 20 \n taxable years following the unused credit year.\n ``(2) Rules.--Rules similar to the rules of section 39 \n shall apply with respect to the credit carryforward under \n paragraph (1).''.\n (b) Conforming Amendments.--\n (1) Section 1016(a) is amended by striking ``and'' in \n paragraph (27), by striking the period and inserting ``, and'' \n in paragraph (28), and by inserting at the end the following \n new paragraph:\n ``(29) in the case of an eligible dwelling unit with \n respect to which a credit for lead abatement was allowed under \n section 30B, to the extent provided in section 30B(c)(8).''.\n (2) The table of sections for subpart B of part IV of \n subchapter A of chapter 1 is amended by inserting after the \n item relating to section 30A the following new item:\n\n ``Sec. 30B. Home lead abatement.''.\n (c) Effective Date.--The amendments made by this section shall \napply to abatement costs incurred after December 31, 2003, in taxable \nyears ending after that date.","summary":"Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor .","title":"A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for property owners who remove lead-based paint hazards.","text_len":11121,"sum_len":265} {"bill_id":"113_s2388","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy-Efficient Cool Roof Jobs \nAct''.\n\nSEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS.\n\n (a) 20-Year Recovery Period.--\n (1) In general.--Subparagraph (F) of section 168(e)(3) of \n the Internal Revenue Code of 1986 is amended to read as \n follows:\n ``(F) 20-year property.--The term `20-year \n property' means--\n ``(i) initial clearing and grading land \n improvements with respect to any electric \n utility transmission and distribution plant, \n and\n ``(ii) any qualified energy-efficient cool \n roof replacement property.''.\n (2) Qualified energy-efficient cool roof replacement \n property.--Section 168(e) of such Code is amended by adding at \n the end the following new paragraph:\n ``(9) Qualified energy-efficient cool roof replacement \n property.--\n ``(A) In general.--The term `qualified energy-\n efficient cool roof replacement property' means any \n roof system--\n ``(i) which is placed in service above \n conditioned or semi-heated space on an eligible \n commercial building,\n ``(ii) which has a slope equal to or less \n than 2:12,\n ``(iii) which replaces an existing roof \n system, and\n ``(iv) which includes--\n ``(I) insulation which meets or \n exceeds the minimum prescriptive \n requirements in tables A-1 to A-9 in \n the Normative Appendix A of ASHRAE \n Standard 189.1-2011, and\n ``(II) in the case of an eligible \n commercial building located in a \n climate zone other than climate zone 6, \n 7, or 8 (as specified in ASHRAE \n Standard 189.1-2011), a primary roof \n covering which has a cool roof surface.\n ``(B) Cool roof surface.--The term `cool roof \n surface' means a roof the exterior surface of which--\n ``(i) has a 3-year-aged solar reflectance \n of at least 0.55 and a 3-year-aged thermal \n emittance of at least 0.75, as determined in \n accordance with the Cool Roof Rating Council \n CRRC-1 Product Rating Program, or\n ``(ii) has a 3-year-aged solar reflectance \n index (SRI) of at least 64, as determined in \n accordance with ASTM Standard E1980, \n determined--\n ``(I) using a medium-wind-speed \n convection coefficient of 12 W\/\n m<SUP>2<\/SUP>.K, and\n ``(II) using the values for 3-year-\n aged solar reflectance and 3-year-aged \n thermal emittance determined in \n accordance with the Cool Roof Rating \n Council CRRC-1 Product Rating Program.\n ``(C) Roof system.--The term `roof system' means a \n system of roof components, including roof insulation \n and a membrane or primary roof covering, but not \n including the roof deck, designed to weather-proof and \n improve the thermal resistance of a building.\n ``(D) Eligible commercial building.--The term \n `eligible commercial building' means any building--\n ``(i) which is within the scope of ASHRAE \n Standard 90.1-2010,\n ``(ii) which is located in the United \n States,\n ``(iii) with respect to which depreciation \n (or amortization in lieu of depreciation) is \n allowable, and\n ``(iv) which was placed in service before \n the date that is 3 years prior to the date the \n roof system described in subparagraph (A) is \n placed in service.\n ``(E) ASHRAE.--The term `ASHRAE' means the American \n Society of Heating, Refrigerating and Air-Conditioning \n Engineers.''.\n (b) Requirement To Use Straight Line Method.--Paragraph (3) of \nsection 168(b) of the Internal Revenue Code of 1986 is amended by \nadding at the end the following new subparagraph:\n ``(J) Any qualified energy-efficient cool roof \n replacement property.''.\n (c) Alternative System.--The table contained in section \n168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by \nstriking the last item and inserting the following new items:\n\n ``(F)(i)........................................... 25 \n (F)(ii)........................................... 27.5''.\n (d) Depreciation Rules for Certain Qualified Energy-Efficient Cool \nRoof Replacement Property for Purposes of Computing the Earnings and \nProfits of a Real Estate Investment Trust.--\n (1) In general.--Paragraph (3) of section 312(k) of the \n Internal Revenue Code of 1986 is amended by adding at the end \n the following new subparagraph:\n ``(C) Treatment of qualified energy-efficient cool \n roof replacement property.--In the case of any \n qualified energy-efficient cool roof replacement \n property (within the meaning of section 168(e)(9)), the \n adjustment for depreciation to earnings and profits of \n a real estate investment trust for any taxable year \n shall be determined under the alternative depreciation \n method (within the meaning of section 168(g)(2)), \n except that the recovery period shall be 20 years.''.\n (2) Conforming amendment.--Subparagraph (A) of section \n 312(k)(3) of such Code is amended by striking ``subparagraph \n (B),'' and inserting ``subparagraphs (B) and (C),''.\n (e) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.","summary":"Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines qualified energy-efficient cool roof replacement property as any roof system that: (1) is placed in service above conditioned or semiheated space on an eligible commercial building, (2) has a slope equal to or less than 2:12 , (3) replaces an existing roof system, and (4) includes insulation meeting specified standards andnbsp. A primary roof covering that has a cool roof surface. Requires the adjustment for depreciation to the earnings and profits of a real estate investment trust for any taxable year, in the case ofnbsp. Such property, to be determined under the alternative depreciation method, except that the recovery period shall be 20 years.","title":"Energy-Efficient Cool Roof Jobs Act","text_len":6977,"sum_len":854} {"bill_id":"103_hr455","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Microenterprise and Asset \nDevelopment Act''.\n\nSEC. 2. DISREGARD OF INCOME AND RESOURCES DESIGNATED FOR EDUCATION, \n TRAINING, AND EMPLOYABILITY.\n\n (a) Disregard as Resource.--Section 402(a)(7)(B) of the Social \nSecurity Act (42 U.S.C. 602(a)(7)(B)) is amended--\n (1) by striking ``or'' before ``(iv)''; and\n (2) by inserting ``, or (v) in the case of a family \n receiving aid under the State plan (and a family not receiving \n such aid but which received such aid in at least 1 of the \n preceding 4 months or became ineligible for such aid during the \n preceding 12 months because of excessive earnings), any amount \n not to exceed $10,000 in a qualified asset account (as defined \n in section 406(i)) of such family'' before ``; and''.\n (b) Disregard as Income.--\n (1) In general.--Section 402(a)(8)(A) of such Act (42 \n U.S.C. 602(a)(8)(A)) is amended--\n (A) by striking ``and'' at the end of clause (vii); \n and\n (B) by inserting after clause (viii) the following \n new clause:\n ``(ix) shall disregard any interest or \n income earned on a qualified asset account (as \n defined in section 406(i)); and''.\n (2) Nonrecurring lump sum exempt from lump sum rule.--\n Section 402(a)(17) of such Act (42 U.S.C. 602(a)(17)) is \n amended by adding at the end the following: ``; and that this \n paragraph shall not apply to earned or unearned income received \n in a month on a nonrecurring basis to the extent that such \n income is placed in a qualified asset account (as defined in \n section 406(i)) the total amounts in which, after such \n placement, does not exceed $10,000;''.\n (3) Treatment as income.--Section 402(a)(7) of such Act (42 \n U.S.C. 602(a)(7)) is amended--\n (A) by striking ``and'' at the end of subparagraph \n (B);\n (B) by striking the semicolon at the end of \n subparagraph (C) and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(D) shall treat as income any distributions from \n a qualified asset account (as defined in section \n 406(i)(1)) which do not meet the definition of a \n qualified distribution under section 406(i)(2);''.\n (c) Qualified Asset Accounts.--Section 406 of such Act (42 U.S.C. \n606) is amended by adding at the end the following:\n ``(i)(1) The term `qualified asset account' means a mechanism \napproved by the State (such as individual retirement accounts, escrow \naccounts, or savings bonds) that allows savings of a family receiving \naid to families with dependent children to be used for qualified \ndistributions.\n ``(2) The term `qualified distributions' means distributions for \nexpenses directly related to 1 or more of the following purposes:\n ``(A) The attendance of a member of the family at any \n education or training program.\n ``(B) The improvement of the employability (including self-\n employment) of a member of the family (such as through the \n purchase of an automobile).\n ``(C) The purchase of a home for the family.\n ``(D) A change of the family residence.''.\n (d) Study of Use of Qualified Asset Accounts; Report.--The \nSecretary of Health and Human Services shall conduct a study of the use \nof qualified asset accounts established pursuant to the amendments made \nby this section, and shall report on such study and any recommendations \nfor modifications of such amendments to the Committee on Finance of the \nSenate and the Committee on Ways and Means of the House of \nRepresentatives not later than January 1, 1996.\n (e) Report on AFDC Asset Limit on Automobiles.--Within 3 months \nafter the date of the enactment of this section, the Secretary of \nHealth and Human Services shall submit to the Congress a report on--\n (1) the need to revise the limitation, established in \n regulations pursuant to section 402(a)(7)(B)(i) of the Social \n Security Act, on the value of a family automobile required to \n be disregarded by a State in determining the eligibility of the \n family for aid to families with dependent children under the \n State plan approved under part A of title IV of such Act; and\n (2) the extent to which such a revision would increase the \n employability of recipients of such aid.\n (f) Effective Date.--The amendments made by this section shall take \neffect on October 1, 1993.\n\nSEC. 3. DISREGARD OF INCOME AND RESOURCES RELATED TO SELF-EMPLOYMENT.\n\n (a) State Plan Requirements.--Section 402(a) of the Social Security \nAct (42 U.S.C. 602(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (44);\n (2) by striking the period at the end of paragraph (45) and \n inserting ``; and''; and\n (3) by inserting after paragraph (45) the following:\n ``(46) provide that the State agency--\n ``(A)(i) shall not include as a resource of the \n family of which a child referred to in paragraph (7)(A) \n is a member, for purposes of paragraph (7)(B), the \n first $10,000 of the net worth (assets reduced by \n liabilities with respect thereto) of all \n microenterprises (as defined in section 406(j)(1)) \n owned, in whole or in part, by the child or by a \n relative or other individual referred to in paragraph \n (7)(A), for a period not to exceed 2 years; and\n ``(ii) shall take into consideration as earned \n income of the family of which the child is a member, \n only the net profits (as defined in section 406(j)(2)) \n of such microenterprises, for a period not to exceed 2 \n years; and\n ``(B) shall ensure that caseworkers are able to \n properly advise recipients of aid under the State plan \n of the option of microenterprise as a legitimate route \n towards self-sufficiency, and that caseworkers \n encourage recipients of such aid who are interested in \n starting a microenterprise to participate in a program \n designed to assist them in such effort.''.\n (b) Definitions.--Section 406 of such Act (42 U.S.C. 606), as \namended by section 2(c) of this Act, is amended by adding at the end \nthe following:\n ``(j)(1) The term `microenterprise' means a commercial enterprise \nwhich has 5 or fewer employees, 1 or more of whom owns the enterprise.\n ``(2) The term `net profits' means, with respect to a \nmicroenterprise, the gross receipts of the business, minus--\n ``(A) payments of principal or interest on a loan to the \n microenterprise;\n ``(B) transportation expenses;\n ``(C) inventory costs;\n ``(D) expenditures to purchase capital equipment;\n ``(E) cash retained by the microenterprise for future use \n by the business;\n ``(F) taxes paid by reason of the business;\n ``(G) if the business is covered under a policy of \n insurance against loss--\n ``(i) the premiums paid for such insurance; and\n ``(ii) the losses incurred by the business that are \n not reimbursed by the insurer solely by reason of the \n existence of a deductible with respect to the insurance \n policy;\n ``(H) the reasonable costs of obtaining 1 motor vehicle \n necessary for the conduct of the business; and\n ``(I) the other expenses of the business.''.\n (c) Inclusion of Microenterprise Training and Activities in the \nJOBS Program.--\n (1) In general.--Section 482(d)(1) of such Act (42 U.S.C. \n 682(d)(1)) is amended by adding at the end the following:\n ``(C) The services and activities referred to in subparagraph (A)--\n ``(i) in the case that at least 3 percent of the adult \n recipients of aid under the State plan approved under part A \n (as of the close of the immediately preceding fiscal year) \n elect to participate in microenterprise activities, shall \n include programs described in paragraph (4); or\n ``(ii) in the case that not more than 3 percent of the \n adult recipients of such aid elect to participate in \n microenterprise activities, may include programs described in \n paragraph (4).''.\n (2) Microenterprise programs.--Section 482(d) of such Act \n (42 U.S.C. 682(d)) is amended by adding at the end the \n following:\n ``(4) The programs described in this paragraph are programs of \npublic and private organizations, agencies, and other entities \n(including nonprofit and for-profit entities) to enable such entities \nto facilitate economic development by--\n ``(A) providing technical assistance, advice, and business \n support services (including assistance, advice, and support \n relating to business planning, financing, marketing, and other \n microenterprise development activities) to owners of \n microenterprises and persons developing microenterprises; and\n ``(B) providing general support (such as peer support and \n self-esteem programs) to owners of microenterprises and persons \n developing microenterprises.''.\n (d) Effective Date.--The amendments made by this section shall \napply to payments under part A of title IV of the Social Security Act \nfor calendar quarters beginning on or after October 1, 1993.","summary":"Microenterprise and Asset Development Act - Amends part A (AFDC) of title IV of the Social Security Act (SSA) to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients. Provides for State agency exclusion from AFDC eligibility determinations of certain resources related to microenterprise initiatives by AFDC recipients towards self-sufficiency. Requires State agencies to ensure that caseworkers advise AFDC recipients of the option for microenterprises. Provides for the inclusion of microenterprise training and activities in the JOBS program under SSA title IV part F .","title":"Microenterprise and Asset Development Act","text_len":10113,"sum_len":849} {"bill_id":"106_hr66","text":"SECTION 1. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Route 66 corridor.--The term ``Route 66 corridor'' means \n structures and other cultural resources described in paragraph (3), \n including--\n (A) lands owned by the Federal Government and lands owned \n by a State or local government within the immediate vicinity of \n those portions of the highway formerly designated as United \n States Route 66; and\n (B) private land within that immediate vicinity that is \n owned by persons or entities that are willing to participate in \n the programs authorized by this Act.\n (2) Cultural resource programs.--The term ``Cultural Resource \n Programs'' means the programs established and administered by the \n National Park Service for the benefit of and in support of \n preservation of the Route 66 corridor, either directly or \n indirectly.\n (3) Preservation of the route 66 corridor.--The term \n ``preservation of the Route 66 corridor'' means the preservation or \n restoration of structures or other cultural resources of \n businesses, sites of interest, and other contributing resources \n that--\n (A) are located within the land described in para-\n graph (1);\n (B) existed during the route's period of outstanding \n historic significance (principally between 1926 and 1970), as \n defined by the study prepared by the National Park Service and \n entitled ``Special Resource Study of Route 66'', dated July \n 1995; and\n (C) remain in existence as of the date of the enactment of \n this Act.\n (4) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior, acting through the Cultural Resource Programs at the \n National Park Service.\n (5) State.--The term ``State'' means a State in which a portion \n of the Route 66 corridor is located.\n\nSEC. 2. MANAGEMENT.\n\n (a) In General.--The Secretary, in collaboration with the entities \ndescribed in subsection (c), shall facilitate the development of \nguidelines and a program of technical assistance and grants that will \nset priorities for the preservation of the Route 66 corridor.\n (b) Designation of Officials.--The Secretary shall designate \nofficials of the National Park Service stationed at locations \nconvenient to the States to perform the functions of the Cultural \nResource Programs under this Act.\n (c) General Functions.--The Secretary shall--\n (1) support efforts of State and local public and private \n persons, nonprofit Route 66 preservation entities, Indian tribes, \n State Historic Preservation Offices, and entities in the States for \n the preservation of the Route 66 corridor by providing technical \n assistance, participating in cost-sharing programs, and making \n grants;\n (2) act as a clearinghouse for communication among Federal, \n State, and local agencies, nonprofit Route 66 preservation \n entities, Indian tribes, State historic preservation offices, and \n private persons and entities interested in the preservation of the \n Route 66 corridor; and\n (3) assist the States in determining the appropriate form of \n and establishing and supporting a non-Federal entity or entities to \n perform the functions of the Cultural Resource Programs after those \n programs are terminated.\n (d) Authorities.--In carrying out this Act, the Secretary may--\n (1) enter into cooperative agreements, including (but not \n limited to) cooperative agreements for study, planning, \n preservation, rehabilitation, and restoration related to the Route \n 66 corridor;\n (2) accept donations of funds, equipment, supplies, and \n services as appropriate;\n (3) provide cost-share grants for projects for the preservation \n of the Route 66 corridor (but not to exceed 50 percent of total \n project costs) and information about existing cost-share \n opportunities;\n (4) provide technical assistance in historic preservation and \n interpretation of the Route 66 corridor; and\n (5) coordinate, promote, and stimulate research by other \n persons and entities regarding the Route 66 corridor.\n (e) Preservation Assistance.--\n (1) In general.--The Secretary shall provide assistance in the \n preservation of the Route 66 corridor in a manner that is \n compatible with the idiosyncratic nature of the Route 66 corridor.\n (2) Planning.--The Secretary shall not prepare or require \n preparation of an overall management plan for the Route 66 \n corridor, but shall cooperate with the States and local public and \n private persons and entities, State historic preservation offices, \n nonprofit Route 66 preservation entities, and Indian tribes in \n developing local preservation plans to guide efforts to protect the \n most important or representative resources of the Route 66 \n corridor.\n\nSEC. 3. RESOURCE TREATMENT.\n\n (a) Technical Assistance Program.--\n (1) Program required.--The Secretary shall develop a program of \n technical assistance in the preservation of the Route 66 corridor \n and interpretation of the Route 66 corridor.\n (2) Program guidelines.--As part of the technical assistance \n program under paragraph (1), the Secretary shall establish \n guidelines for setting priorities for preservation needs for the \n Route 66 corridor. The Secretary shall base the guidelines on the \n Secretary's standards for historic preservation.\n (b) Program for Coordination of Activities.--\n (1) In general.--The Secretary shall coordinate a program of \n historic research, curation, preservation strategies, and the \n collection of oral and video histories of events that occurred \n along the Route 66 corridor.\n (2) Design.--The program under paragraph (1) shall be designed \n for continuing use and implementation by other organizations after \n the Cultural Resource Programs are terminated.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $10,000,000 for the period \nof fiscal years 2000 through 2009 to carry out the purposes of this \nAct.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Directs the Secretary of the Interior to: (1) facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor. (2) designate National Park Service (NPS) officials to perform the functions of the Cultural Resource Programs support cultural resources related to the corridor. (3) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States to preserve the corridor by providing technical assistance, participating in cost-sharing programs, and making grants. (4) act as a clearinghouse for communication among such parties and Federal, State, and local agencies. And (5) assist the States in determining the appropriate form of, and establishing and supporting, a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. Authorizes the Secretary to: (1) enter into cooperative agreements. (2) accept donations of funds, equipment, supplies, and services as appropriate. (3) provide cost-share grants for up to 50 percent of projects for the preservation of the corridor and information about existing cost-share opportunities and technical assistance in the corridor's historic preservation and interpretation. And (4) coordinate, promote, and stimulate research by other persons and entities regarding the corridor. Requires the Secretary: (1) to provide assistance in the preservation of the corridor that is compatible with the idiosyncratic nature of the highway. (2) not to prepare or require an overall management plan, but to cooperate with public and private entities in developing local preservation plans to guide efforts to protect the most important or representative resources of the corridor. (3) to develop a technical assistance program in the preservation and interpretation of the corridor, including guidelines for setting priorities for preservation needs. And (4) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of events that occurred along the corridor designed for continuing use after the Cultural Resource Programs are terminated. Authorizes appropriation.","title":"To preserve the cultural resources of the Route 66 corridor and to authorize the Secretary of the Interior to provide assistance.","text_len":6520,"sum_len":2347} {"bill_id":"110_s3273","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Clean Development \nTechnology Fund Act of 2008''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to promote and to leverage private \nfinancing for the development and international deployment of \ntechnologies that will contribute to sustainable economic growth and \nthe stabilization of greenhouse gas concentrations in the atmosphere at \na level that would prevent dangerous anthropogenic interference with \nthe climate system.\n\nSEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the International Clean Development \nTechnology Fund (in this Act referred to as the ``Fund'').\n (b) Deposits to Fund.--The Fund shall consist of--\n (1) amounts appropriated pursuant to the authorization of \n appropriations under section 8; and\n (2) any amounts as are or may be appropriated, transferred, \n or credited to such Fund under any other provisions of law.\n (c) Expenditures From Fund.--Amounts in the Fund shall be available \nto the International Clean Development Technology Deployment Board \nestablished under section 4 for the purposes described under section 5, \nand shall remain available until expended.\n\nSEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD.\n\n (a) Establishment.--Not later than 90 days after the date of the \nenactment of this Act, the President shall establish an International \nClean Development Technology Board (in this Act referred to as the \n``Board'').\n (b) Composition.--The Board shall be composed of--\n (1) the Secretary of State, who shall act as the chair of \n the Board;\n (2) the Secretary of the Treasury;\n (3) the Secretary of Energy;\n (4) the Secretary of Commerce;\n (5) the Administrator of the Environmental Protection \n Agency;\n (6) the Administrator of the United States Agency for \n International Development;\n (7) the United States Trade Representative; and\n (8) other officials as determined appropriate by the \n President.\n (c) Administration of International Clean Development Technology \nFund.--The Board shall administer the International Clean Development \nTechnology Fund ensuring that--\n (1) funds are deployed in a manner that best promotes the \n participation of, and investments by, the private sector;\n (2) funds are allocated in a manner consistent with \n commitments by the United States under international climate \n change agreements;\n (3) funds achieve the greatest greenhouse gas emissions \n mitigations with the lowest possible cost, consistent with \n paragraphs (1) and (2); and\n (4) assistance is targeted at reducing or eliminating the \n increased costs associated with deploying clean technologies in \n place of traditional technologies.\n\nSEC. 5. AUTHORIZATION OF ASSISTANCE.\n\n (a) Assistance.--The Board, acting through the Secretary of State, \nmay use the Fund to provide assistance under this section to qualified \nentities to support the purposes of this Act.\n (b) Form of Assistance.--\n (1) In general.--Assistance under this section shall be \n provided--\n (A) as direct assistance in the form of grants, \n concessional loans, cooperative agreements, contracts, \n insurance, or loan guarantees to or with qualified \n entities;\n (B) as indirect assistance to such entities \n through--\n (i) funding for international clean \n technology funds supported by multilateral \n institutions;\n (ii) support from development and export \n promotion assistance programs of the United \n States Government; or\n (iii) support from international technology \n programs of the Department of Energy; or\n (C) in such other forms as the Board may determine \n appropriate.\n (2) Oversight by secretary of the treasury of assistance \n for multilateral trust funds.--In the case of assistance \n provided under paragraph (1)(B)(i) for a clean technology fund \n or similar fund that is a multilateral trust fund based at the \n World Bank, the Secretary of the Treasury shall use the voice, \n vote, and influence of the United States to promote--\n (A) the use of the assistance in accordance with \n the purposes of this Act; and\n (B) a requirement that no single country be \n eligible to receive more than 15 percent of the funds \n awarded by such a fund in any three year period.\n (c) Use of Funds.--Assistance provided under this Act may be used \nfor one or more of the following purposes:\n (1) Funding for capacity building programs, including--\n (A) developing and implementing methodologies and \n programs for measuring and quantifying greenhouse gas \n emissions and verifying emissions mitigations;\n (B) assessing technology and policy options for \n greenhouse gas emissions mitigations; and\n (C) providing other forms of technical assistance \n to facilitate the qualification for, and receipt of, \n program funding under this Act.\n (2) Funding for technology programs to mitigate greenhouse \n gas emissions in eligible countries.\n (d) Qualified Entities.--A qualified entity referred to in this \nsection is--\n (1) the national government of an eligible country;\n (2) a regional or local governmental unit of an eligible \n country; or\n (3) a nongovernmental organization or a private entity \n located or operating in an eligible country.\n (e) Selection of Projects.--\n (1) In general.--The Board shall be responsible for \n selecting qualified entities to receive assistance under this \n section.\n (2) Notice and wait requirement.--Assistance may not be \n provided under this section until 30 days after the Board \n notifies the appropriate congressional committees of the \n proposed assistance, including--\n (A) in the case of a capacity building program--\n (i) a description of the capacity building \n program to be funded through such assistance;\n (ii) the terms and conditions of such \n assistance; and\n (iii) a description of how the capacity \n building program will contribute to the \n purposes of this Act; or\n (B) in the case of a technology program--\n (i) a description of the technology program \n to be funded through such assistance;\n (ii) the terms and conditions of such \n assistance;\n (iii) an estimate of the additional amount \n of greenhouse gas emissions mitigations \n expected due to the use of such assistance; and\n (iv) a description of how the technology \n program will contribute to the purposes of this \n Act.\n (f) Participation by Governmental Entities.--In providing \nassistance under this Act to a national government or to a regional or \nlocal governmental unit, the Board should require as a condition of the \nassistance that such governmental entity make appropriate financial \ncontributions to the budget of the project being funded, and that the \nproject be part of an overall national, regional, or local strategy for \nthe deployment of clean technology.\n\nSEC. 6. ELIGIBLE COUNTRIES.\n\n (a) Determination by the President.--The Board shall determine \nwhether a country is eligible for technology program assistance under \nthis Act based on the criteria in subsection (b).\n (b) Criteria.--A country shall be considered to be eligible for \npurposes of this Act if--\n (1) the country is eligible to receive official development \n assistance according to the guidelines of the Development \n Assistance Committee of the Organization for Economic Co-\n operation and Development; and\n (2)(A) the country has made a binding commitment, pursuant \n to an international agreement to which the United States is a \n party, to undertake actions to produce measurable, reportable, \n and verifiable greenhouse gas emissions mitigations; or\n (B) the Board determines and certifies to the appropriate \n congressional committees that the country has in force binding \n national policies and measures capable of producing measurable, \n reportable, and verifiable greenhouse gas emissions \n mitigations.\n (c) Report.--Not later than 270 days after the date of the \nenactment of this Act, the Board shall submit to the appropriate \ncongressional committees a report outlining the criteria to be used to \ndetermine whether a country is eligible for assistance under this Act \npursuant to subsection (b)(2)(B).\n\nSEC. 7. ANNUAL REPORT.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, and annually thereafter, the Board shall submit \nto the appropriate congressional committees a report on assistance \nprovided under this Act.\n (b) Content.--Each report submitted under subsection (a) shall \ninclude a description of assistance provided during the reporting \nperiod, including--\n (1) the aggregate amount of assistance provided for \n capacity building initiatives and technology deployment \n initiatives; and\n (2) a description of each initiative funded through such \n assistance, including the amount of assistance provided, the \n terms and conditions of such assistance, and the anticipated \n reductions in greenhouse gas emissions to be achieved as a \n result of technology deployment initiatives.\n (c) Performance Evaluations of Supported Multilateral Trust \nFunds.--The reports submitted under subsection (a) shall provide for \nthe independent evaluation, not less frequently than once every three \nyears, of the performance of each international clean technology fund \nprovided assistance pursuant to section 5(b)(1)(B)(i).\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated a total of $2,000,000,000 \nfor fiscal years 2009 through 2011 to carry out this Act.\n\nSEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.\n\n In this Act, the term ``appropriate congressional committees'' \nmeans--\n (1) the Committee on Foreign Relations, the Committee on \n Finance, the Committee on Energy and Natural Resources, the \n Committee on Environment and Public Works, and the Committee on \n Appropriations of the Senate; and\n (2) the Committee on Foreign Affairs, the Committee on Ways \n and Means, the Committee on Energy and Commerce, the Committee \n on Natural Resources, the Committee on Financial Services, and \n the Committee on Appropriations of the House of \n Representatives.\n\nSEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE.\n\n Nothing in this Act shall be construed to alter or affect \nauthorities of the Secretary of State under--\n (1) title V of the Foreign Relations Authorization Act, \n Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.); \n or\n (2) section 622(c) of the Foreign Assistance Act of 1961 \n (22 U.S.C. 2382(c)).","summary":"International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments, and (2) greenhouse gas emissions mitigation in eligible countries.","title":"A bill to promote the international deployment of clean technology, and for other purposes.","text_len":12250,"sum_len":378} {"bill_id":"115_s1032","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Forest Good Neighbor Act of \n2017''.\n\nSEC. 2. GOOD NEIGHBOR AUTHORITY.\n\n (a) In General.--The Cooperative Forestry Assistance Act of 1978 is \namended--\n (1) by redesignating section 19 (16 U.S.C. 2113) as section \n 18; and\n (2) by inserting after section 18 (as so redesignated) the \n following:\n\n``SEC. 19. GOOD NEIGHBOR AUTHORITY.\n\n ``(a) Definitions.--In this section:\n ``(1) Authorized restoration services.--The term \n `authorized restoration services' means similar and \n complementary forest, rangeland, and watershed restoration \n services carried out--\n ``(A) on National Forest System land, except--\n ``(i) a component of the National \n Wilderness Preservation System;\n ``(ii) Federal land on which the removal of \n vegetation is prohibited or restricted by a law \n of Congress or a Presidential proclamation \n (including the applicable implementation plan); \n or\n ``(iii) a wilderness study area; and\n ``(B) by the Secretary or a Governor pursuant to a \n good neighbor agreement.\n ``(2) Forest, rangeland, and watershed restoration \n services.--\n ``(A) In general.--The term `forest, rangeland, and \n watershed restoration services' means--\n ``(i) an activity to treat insect- or \n disease-infected trees;\n ``(ii) an activity to reduce hazardous \n fuels; and\n ``(iii) any other activity to restore or \n improve forest, rangeland, and watershed \n health, including fish and wildlife habitat.\n ``(B) Exclusions.--The term `forest, rangeland, and \n watershed restoration services' does not include--\n ``(i) the construction, reconstruction, \n repair, or restoration of a paved or permanent \n road or parking area; or\n ``(ii) the construction, alteration, \n repair, or replacement of a public building or \n work.\n ``(3) Good neighbor agreement.--The term `good neighbor \n agreement' means a cooperative agreement or contract (including \n a sole source contract) entered into between the Secretary and \n a Governor to carry out authorized restoration services under \n this section.\n ``(4) Governor.--The term `Governor' means the Governor or \n any other appropriate executive official of a State.\n ``(5) Road.--The term `road' has the meaning given the term \n in section 212.1 of title 36, Code of Federal Regulations (as \n in effect on the date of enactment of the National Forest Good \n Neighbor Act of 2017).\n ``(6) State.--The term `State' means--\n ``(A) a State; and\n ``(B) the Commonwealth of Puerto Rico.\n ``(b) Good Neighbor Agreements.--\n ``(1) Authority.--\n ``(A) In general.--The Secretary may enter into a \n good neighbor agreement with a Governor to carry out \n authorized restoration services in accordance with this \n section.\n ``(B) Public availability.--The Secretary shall \n make each good neighbor agreement available to the \n public.\n ``(2) Timber sales.--\n ``(A) In general.--Subsections (d) and (g) of \n section 14 of the National Forest Management Act of \n 1976 (16 U.S.C. 472a) shall not apply to authorized \n restoration services.\n ``(B) Approval of silviculture prescriptions and \n marking guides.--The Secretary shall provide or approve \n all silviculture prescriptions and marking guides to be \n applied on National Forest System land described in \n subsection (a)(1)(A) in any timber sale project \n conducted under this section.\n ``(3) Retention of responsibilities.--Any decision required \n to be made by the Secretary under the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any \n authorized restoration services shall not be delegated to a \n Governor.''.\n (b) Conforming Amendments.--\n (1) Section 2A(c)(1) of the Cooperative Forestry Assistance \n Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking \n ``section 19(b)'' and inserting ``section 18(b)''.\n (2) Section 7(e) of the Cooperative Forestry Assistance Act \n of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence \n by striking ``section 19(b)'' and inserting ``section 18(b)''.\n (3) Section 13A(b) of the Cooperative Forestry Assistance \n Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking \n ``section 19(a)'' and inserting ``section 18(a)''.","summary":"National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state.","title":"National Forest Good Neighbor Act of 2017","text_len":5443,"sum_len":998} {"bill_id":"113_s2114","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bond Transparency Act of 2014''.\n\nSEC. 2. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN \n MUNICIPAL SECURITIES.\n\n Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o-\n4) is amended--\n (1) by redesignating subsection (e) as subsection (f); and\n (2) by inserting after subsection (d) the following:\n ``(e) Markup Disclosure in Riskless Principal Transactions.--\n ``(1) Definition.--In this subsection, the term `riskless \n principal transaction' means--\n ``(A) a transaction in which a broker, dealer, or \n municipal securities dealer receives a customer order \n to buy or sell any municipal securities and, after \n receiving the customer order, buys the municipal \n securities from, or sells the municipal securities to, \n another person, while acting as principal for its own \n account, to complete the customer order; and\n ``(B) any other transaction the Commission \n identifies by rule as a riskless principal transaction.\n ``(2) Disclosure required.--A broker, dealer, or municipal \n securities dealer that effects a riskless principal transaction \n shall disclose to the customer, in writing, at or before the \n time of completion of the transaction, the amount of the \n difference between--\n ``(A) the customer's purchase price and the \n broker's, dealer's or municipal securities dealer's \n purchase price; or\n ``(B) the customer's sale price and the broker's, \n dealer's, or municipal securities dealer's sale \n price.''.\n\nSEC. 3. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN \n CORPORATE DEBT SECURITIES.\n\n Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) \nis amended by adding at the end the following:\n ``(p) Markup Disclosure in Riskless Principal Transactions in \nCorporate Debt Securities.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `specified debt security'--\n ``(i) means any security that--\n ``(I) evidences a liability of the \n issuer (including any such security \n that is convertible into stock or \n similar security), including bonds, \n debentures, notes, or any similar \n instruments, and any fractional or \n participation interests in any of the \n foregoing; and\n ``(II) constitutes--\n ``(aa) United States \n dollar-denominated securities \n issued by the United States or \n a foreign private issuer; or\n ``(bb) any other security \n the Commission identifies by \n rule as a specified debt \n security for the purposes of \n this subsection; and\n ``(ii) does not include a municipal \n security, as defined in section 3(a)(29) of \n this Act; and\n ``(B) the term `riskless principal transaction' \n means--\n ``(i) a transaction in which a broker or \n dealer receives a customer order to buy or sell \n any specified debt securities and, after \n receiving the customer order, buys the \n specified debt securities from, or sells the \n specified debt securities to, another person, \n while acting as principal for its own account, \n to complete the customer order; and\n ``(ii) any other transaction the Commission \n identifies by rule as a riskless principal \n transaction.\n ``(2) Disclosure required.--A broker or dealer that effects \n a riskless principal transaction shall disclose to the \n customer, in writing, at or before the time of completion of \n the transaction, the amount of the difference between--\n ``(A) the customer's purchase price and the \n broker's or dealer's purchase price; or\n ``(B) the customer's sale price and the broker's or \n dealer's sale price.''.","summary":"Bond Transparency Act of 2014 - Amends the Securities Exchange Act of 1934 to define a quot, riskless principal transactionquot. As any transaction the Securities and Exchange Commission (SEC) identifies as one, but primarily one in which a broker, dealer, or municipal securities dealer acts on a customer order to buy or sell either municipal securities or corporate debt securities while also acting as principal for its own account in order to complete the transaction. Requires a broker or dealer, at or before completion of the transaction, to make a markup disclosure in writing to the customer of the difference between either: (1) the customer's purchase price and the broker or dealer's purchase price. Or (2) the customer's sale price and the broker or dealer's sale price. Subjects riskless principal transactions in corporate debt securities to the same markup disclosure requirements as those for riskless principal transactions in municipal securities.","title":"Bond Transparency Act of 2014","text_len":5046,"sum_len":967} {"bill_id":"114_hr1836","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Monuments Protection Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) public land in the United States is managed and \n administered for the use and enjoyment of present and future \n generations;\n (2) the National Park System (including National Parks, \n National Monuments, and National Recreation Areas) is managed \n for the benefit and inspiration of all the people of the United \n States;\n (3) the National Wildlife Refuge System is administered for \n the benefit of present and future generations of people in the \n United States, with priority consideration for compatible \n wildlife-dependent general public uses of the National Wildlife \n Refuge System;\n (4) the National Forest System is dedicated to the long-\n term benefit of present and future generations;\n (5) the reopening and temporary operation and management of \n public land, the National Park System, the National Wildlife \n Refuge System, and the National Forest System using funds from \n States and political subdivisions of States during periods in \n which the Federal Government is unable to operate and manage \n the areas at normal levels due to a lapse in appropriations is \n consistent with the values and purposes for which those areas \n were established;\n (6) any restriction of public access to national monuments, \n the National Park System, or the National Wildlife Refuge \n System during a lapse in appropriations, when such restriction \n is not necessary to comply with budgetary constraints and when \n an agency has not taken steps to mitigate restrictions on \n public access, shall be considered a direct violation of the \n purpose for which these lands and monuments were established \n and entrusted to Federal agencies for management; and\n (7) Federal agencies that serve as the management agency of \n national monuments, the National Park System, or the National \n Wildlife Refuge System have been entrusted with such properties \n to maintain and prioritize public access, including during a \n lapse in appropriations.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Covered unit.--The term ``covered unit'' means--\n (A) public lands;\n (B) units of the National Park System;\n (C) units of the National Wildlife Refuge System;\n (D) federally owned open air monuments and \n memorials;\n (E) units of the National Forest System; and\n (F) federally owned roads and off ramps on land \n described in subparagraphs (A) through (E).\n (2) Public land.--The term ``public lands'' has the meaning \n given that term in section 103 of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1702).\n (3) Secretary.--The term ``Secretary'' means--\n (A) the Secretary of the Interior, with respect to \n land under the jurisdiction of the Secretary of the \n Interior; or\n (B) the Secretary of Agriculture, with respect to \n land under the jurisdiction of the Secretary of \n Agriculture.\n (4) Eligible entity.--The term ``eligible entity'' means \n the several States, the District of Columbia, federally \n recognized Indian tribes, and territories and possessions of \n the United States, and political subdivisions of thereof.\n\nSEC. 4. AGREEMENT TO OPERATE AND MANAGE COVERED UNIT DURING GOVERNMENT \n SHUTDOWN.\n\n (a) In General.--Not later than 6 months after an eligible entity \noffers to enter into an agreement under this section, the Secretary \nshall enter into an agreement with that eligible entity under which the \neligible entity shall assume, in whole or in part, activities to resume \nor continue operations and public access to any covered unit during any \nperiod when those activities would not otherwise be carried out because \nthere is--\n (1) a lapse in available Federal funds for all or part of \n the covered unit as a result of a failure to enact a regular \n appropriations bill or continuing resolution; or\n (2) insufficient Federal funds to operate all or part of \n the covered unit as a result of a failure of the Federal \n Government to make sufficient funds available for this purpose.\n (b) Conditions.--Agreements entered into under this section--\n (1) shall only apply to a covered unit within the \n boundaries of the eligible entity that is a party to the \n agreement;\n (2) may apply to all or part of a covered unit;\n (3) shall be for a term of not more than 5 years, unless \n the 5-year term would expire during a period when the agreement \n is being actively implemented, in which case the agreement \n shall expire at the conclusion of the lapse of funding (and \n related reimbursement) which precipitated the implementation; \n and\n (4) shall be in effect only during any period in which the \n Secretary is unable to operate and manage covered units at \n normal levels, as determined in accordance with the terms of \n agreement entered into under subsection (a).\n (c) Copies of Agreements.--A copy of each agreement entered into \nunder this section shall be--\n (1) kept by the Secretary, the eligible entity, and any \n other appropriate agency; and\n (2) available for inspection by Congress.\n (d) Reimbursement.--To the extent that funds are made available, \nthrough Acts of appropriation or otherwise, for activities carried out \nby an eligible entity under an agreement entered into under this \nsection, the Secretary shall reimburse the eligible entity for costs \nexpended by the eligible entity to carry out those activities.\n\nSEC. 5. EXCEPTION.\n\n Notwithstanding section 4, the Secretary may restrict access to any \ncovered unit for reasons of national security.\n\nSEC. 6. REPORT.\n\n For any instance in which the Secretary does not enter into an \nagreement after an offer under section 4, the Secretary shall submit to \nthe Committee on Natural Resources of the House of Representatives and \nthe Committee on Energy and Natural Resources of the Senate a report \nstating--\n (1) that an offer was made;\n (2) what eligible entity made the offer;\n (3) what the offer entailed; and\n (4) why the Secretary did not enter into an agreement \n pursuant to that offer.","summary":"Monuments Protection Act Directs the Departments of the Interior and Agriculture to enter into an agreement with a state, the District of Columbia, a federally recognized Indian tribe, a US territory or possession, or a political subdivision of such an entity that offers to assume activities to resume or continue operations and public access to any covered unit during any period when those activities would not otherwise be carried out because: (1) there is a lapse in available federal funds as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) there are insufficient federal funds to operate such unit as a result of a failure of the federal government to make sufficient funds available. Defines a quot, covered unitquot. To mean: public lands, units of the National Park System, units of the National Wildlife Refuge System, federally owned open air monuments and memorials, units of the National Forest System, and federally owned roads and off ramps on all such lands. Requires Interior and USDA to reimburse such an entity once funds are made available for activities carried out by such entity.","title":"Monuments Protection Act","text_len":6902,"sum_len":1149} {"bill_id":"108_hr2382","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transit in Parks Act''.\n\nSEC. 2. ESTABLISHMENT OF TRANSIT IN PARKS PROGRAM.\n\n (a) In General.--Chapter 53 of title 49, United States Code, is \namended by inserting after section 5315 the following:\n``Sec. 5316. Transit in parks\n ``(a) Establishment of Program.--\n ``(1) In general.--Not later than 90 days after the date of \n enactment of the Transit in Parks Act, the Secretary of the \n Interior and the Secretary of Transportation shall enter into a \n memorandum of understanding to establish a transit in parks \n program in accordance with the provisions of this section.\n ``(2) Purpose.--The purpose of the program shall be to \n encourage and promote the development of transportation systems \n described in section 5301(a) within units of the National Park \n System to improve visitor mobility and enjoyment, reduce \n pollution and congestion, and enhance resource protection \n through the use of transit.\n ``(b) Administration of Program.--The program shall be administered \nby the Secretary of the Interior, in conjunction with the Secretary of \nTransportation.\n ``(c) Contents of Program.--\n ``(1) In general.--Except as provided in paragraph (2), the \n program shall provide for the following:\n ``(A) Development of transportation plans and \n programs for units of the National Park System by the \n Secretary of the Interior instead of a metropolitan \n planning organization in accordance with sections \n 5303(a) and 5303(b).\n ``(B) Development of a long-range transportation \n plan for such units by the Secretary of the Interior \n instead of a metropolitan planning organization in \n accordance with section 5303(f).\n ``(C) The making of contracts and grants by the \n Secretary of Transportation to the Secretary of the \n Interior for planning, engineering, design, and \n evaluation of mass transportation projects in such \n units, and for technical studies, in accordance with \n section 5303(g).\n ``(D) Development and updating of a transportation \n improvement program for such units, and the selection \n and carrying out of projects in such units, by the \n Secretary of the Interior instead of a metropolitan \n planning organization in accordance with section 5304; \n except that any transportation improvement program \n developed under section 204(a) of title 23 for such \n unit shall be treated as meeting the requirement of \n this subparagraph until the Secretary of the Interior \n provides otherwise and the approval required by section \n 5304(a) shall only be the approval of the Secretary of \n the Interior.\n ``(E) The making of grants by the Secretary of \n Transportation to the Secretary of the Interior for \n capital projects by financing the planning and \n improvement costs of equipment, facilities, and \n associated capital maintenance in mass transportation \n for such units in accordance with subsections (a), (b), \n (c), and (d) of section 5307; except that the Secretary \n of the Interior shall serve as the designated recipient \n for the purposes of subsection (a)(2) of such section.\n ``(F) The making of grants by the Secretary of \n Transportation to the Secretary of the Interior for \n capital investment as described in subsection (a) of \n section 5309 in accordance with subsections (a), (d), \n and (e) of such section, (other than subsections \n (e)(1)(C) and (e)(4), relating to local financial \n commitment).\n ``(G) Projects for bicycle access in accordance \n with the first sentence of section 5319.\n ``(H) The making of contracts and grants by the \n Secretary of Transportation to the Secretary of the \n Interior for crime prevention and security in \n accordance with section 5321.\n ``(I) The making of contracts and grants by the \n Secretary of Transportation to the Secretary of the \n Interior for human resources programs in accordance \n with section 5322.\n ``(J) Grants under the program may be used to pay \n the operating cost of equipment and facilities used in \n mass transportation for such units.\n ``(K) Projects for which grants may be made under \n the program may include turnkey system projects under \n section 5326.\n ``(L) Labor protection in accordance with section \n 5333.\n ``(2) Exceptions.--The memorandum of understanding entered \n into under subsection (a) shall limit or modify the \n applicability of the provisions referred to in paragraph (1) to \n the program to the extent necessary to carry out the objectives \n of this section and to be compatible with the laws and \n regulations governing units of the National Park System.\n ``(b) Federal Share.--The Federal share of the cost of any project \nor activity carried out under this section shall be 100 percent.\n ``(c) Mass Transportation Defined.--In this section and for \npurposes of the program carried out under this section, the term `mass \ntransportation' means transportation by a conveyance that provides \nregular and continuing general or special transportation to the public, \nbut does not include school bus or charter transportation.\n ``(d) Limitation on Applicability.--Except as otherwise provided in \nthis section, the other provisions of this chapter (other than sections \n5302 and 5338) shall not apply to this section and the program carried \nout under this section.\n ``(e) Savings Clause.--Nothing in this section shall be construed \nas superseding, amending, modifying or repealing any provision of law \napplicable to units of the National Park System.''.\n (b) Conforming Amendments.--The analysis for such chapter is \namended by inserting after the item relating to section 5315 the \nfollowing:\n\n``5316. Transit in parks.''.\n\nSEC. 3. FUNDING.\n\n (a) Authorization of Appropriations.--Section 5338 of title 49, \nUnited States Code, is amended by adding at the end the following:\n ``(j) Transit in Parks.--There shall be available from the Mass \nTransit Account of the Highway Trust Fund $90,000,000 for each of \nfiscal years 2004 through 2010 to carry out section 5316.''.\n (b) Contract Authority.--Section 5338(g)(1) of such title is \namended by striking ``or (f)(2)(A)'' and inserting ``(f)(2)(A), or \n(j)''.\n (c) Period of Availability.--Section 5338(i) of such title is \namended--\n (1) by striking the 1st comma; and\n (2) by striking the 2nd comma and inserting ``and \n subsection (j)''.","summary":"Transit in Parks Act - Directs the Secretaries of the Interior and Transportation to establish and administer a transit in parks program to encourage and promote the development of mass transportation systems in the National Park System for improving visitor mobility and enjoyment, reducing pollution and congestion, and protecting park resources. Sets forth requirements for such program, including the development of transportation plans for units of the National Park System and the making of grants and contracts for the planning, engineering, design, and evaluation of mass transportation projects in such units and for capital projects and investment.","title":"To amend title 49, United States Code, relating to improving transportation in the national parks.","text_len":7463,"sum_len":658} {"bill_id":"108_hr1041","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Distributed Power Hybrid Energy \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Renewable energy resources have the potential to help \n diversify our Nation's energy portfolio with few adverse \n environmental effects. By their very nature, renewable \n resources are distributed. Our ability to cost effectively take \n advantage of our renewable, indigenous resources can be greatly \n advanced through systems that minimize the intermittency of \n these resources through distributed power hybrid systems.\n (2) Distributed power sources configured as distributed \n power hybrid systems can maximize benefits to the energy \n consumer. The primary benefits of distributed power hybrid \n systems are that they can--\n (A) shelter consumers from temporary energy price \n volatility created by supply and demand mismatches;\n (B) increase the reliability of energy supply, \n thereby avoiding significant costs associated with \n power outages;\n (C) provide a cost-effective means to minimize the \n impact of intermittent resources, thereby expanding the \n Nation's energy supply reserve;\n (D) decrease environmental impacts of energy \n supply; and\n (E) be tailored to address significant local \n differences in power and economic development needs and \n resource availability that exist throughout the United \n States.\n (3) Realizing these benefits will require a concerted and \n integrated effort that focuses on removing market barriers to \n the adoption of distributed power hybrid systems by--\n (A) providing tools that enable States and regions \n to assess their indigenous renewable energy resources;\n (B) developing the technological foundation that \n enables designing, testing, certifying, and operating \n distributed power hybrid systems; and\n (C) providing the policy framework that reduces \n such barriers, including making net metering available \n on a broader scale to enable consumers to reap the full \n value of these systems, thereby lowering their overall \n energy bill.\n (4) While many of the individual distributed power hybrid \n systems components are either available or under development in \n existing private and public sector programs, the capabilities \n to integrate these components into workable distributed power \n hybrid systems that maximize benefits to consumers in a safe \n manner are deficient and not coherently being addressed.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``distributed power hybrid system'' means a \n system using 2 or more distributed power sources, operated \n together with associated supporting equipment, including \n storage equipment, and software necessary to provide electric \n power to the grid or on site; and\n (2) the term ``distributed power source'' means an \n independent electric energy source of usually 10 megawatts or \n less located close to a residential, commercial, or industrial \n load center, including--\n (A) reciprocating engines;\n (B) turbines;\n (C) microturbines;\n (D) fuel cells;\n (E) solar electric systems;\n (F) wind energy systems;\n (G) biomass power systems;\n (H) geothermal power systems; or\n (I) electrical components of cogeneration systems.\n\nSEC. 4. STRATEGY.\n\n (a) Requirement.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of Energy shall develop and \ntransmit to the Congress a distributed power hybrid systems strategy \nshowing--\n (1) opportunities and priorities that might best be met \n with distributed power hybrid systems configurations;\n (2) what barriers exist to the use of distributed power \n hybrid systems;\n (3) what technology gaps need to be closed; and\n (4) what system integration tools are needed to plan, \n design, build, and operate distributed power hybrid systems for \n maximum benefits.\n (b) Elements.--The strategy may provide for development of--\n (1) system integration tools for planning, designing, \n building, and operating economical, safe, and clean distributed \n power hybrid systems, including databases, computer models, \n software, and sensors, controls, and other integrating \n hardware;\n (2) tests of distributed power hybrid systems, including \n field tests with industry and cost-shared demonstrations of \n distributed power hybrid systems power parks and microgrids, to \n validate integrated performance and to give consumers, \n policymakers, and industry the confidence that distributed \n power hybrid systems work reliably, safely, and cleanly;\n (3) special design tools that can characterize the benefits \n and values of distributed power hybrid systems for consumers \n and enable virtual prototyping of distributed power hybrid \n systems to reduce testing needs and the time required to get \n the systems into the marketplace;\n (4) data to characterize grid operations, including \n interconnection requirements; and\n (5) precise resource assessment tools to map local \n resources for distributed power hybrid systems.\n (c) Implementation and Integration.--The Secretary of Energy shall \nimplement the strategy transmitted under subsection (a), and activities \npursuant to the strategy shall be integrated with other activities of \nthe Department's Office of Distributed Energy Resources.\n\nSEC. 5. REPORT TO CONGRESS.\n\n Not later than 1 year after the date of the enactment of this Act, \nand annually thereafter, the Secretary of Energy shall transmit to the \nCongress a report on the use of, and experience with, distributed power \nhybrid systems in the United States, and the research and development \nissues remaining to ensure the successful application of distributed \npower hybrid systems.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of Energy \nfor carrying out this Act--\n (1) $5,000,000 for fiscal year 2004;\n (2) $10,000,000 for fiscal year 2005;\n (3) $20,000,000 for fiscal year 2006;\n (4) $20,000,000 for fiscal year 2007; and\n (5) $5,000,000 for fiscal year 2008.","summary":"Distributed Power Hybrid Energy Act - Directs the Secretary of Energy to: (1) develop and transmit to Congress a distributed power hybrid systems strategy. And (2) implement and integrate such strategy with other activities of the Department of Energy Office of Distributed Energy Resources.","title":"To direct the Secretary of Energy to develop and implement a strategy for research, development, demonstration, and commercial application of distributed power hybrid energy systems, and for other purposes.","text_len":7105,"sum_len":291} {"bill_id":"110_s2724","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``CJ's Home Protection Act of 2008''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) nearly 20,000,000 Americans live in manufactured homes, \n which often provide a more accessible and affordable way for \n many families to buy their own homes;\n (2) manufactured housing plays a vital role in providing \n housing for low- and moderate-income families in the United \n States;\n (3) NOAA Weather Radio (NWR) is a nationwide network of \n radio stations broadcasting continuous weather information \n directly from a nearby National Weather Service (NWS) office, \n and broadcasts NWS warnings, watches, forecasts, and other all-\n hazard information 24 hours a day;\n (4) the operators of manufactured housing communities \n should be encouraged to provide a safe place of shelter for \n community residents or a plan for the evacuation of community \n residents to a safe place of shelter within a reasonable \n distance of the community for use by community residents in \n times of severe weather, including tornados and high winds, and \n local municipalities should be encouraged to require approval \n of these plans;\n (5) the operators of manufactured housing communities \n should be encouraged to provide a written reminder semiannually \n to all owners of manufactured homes in the manufactured housing \n community to replace the batteries in their weather radios; and\n (6) weather radio manufacturers should include, in the \n packaging of weather radios, a written reminder to replace the \n batteries twice each year and written instructions on how to do \n so.\n\nSEC. 3. FEDERAL MANUFACTURED HOME INSTALLATION STANDARDS.\n\n Section 605 of the National Manufactured Housing Construction and \nSafety Standards Act of 1974 (42 U.S.C. 5404) is amended by adding at \nthe end the following new subsection:\n ``(d) Weather Radios.--\n ``(1) Provision of installation instructions.--A \n manufacturer shall provide with each manufactured home (other \n than a manufactured home affixed to a permanent foundation), \n instructions for the installation of a weather radio required \n under this section.\n ``(2) Model installation standards.--The Federal \n manufactured home installation standards established by the \n Secretary under this section shall require that each \n manufactured home (other than a manufactured home affixed to a \n permanent foundation) shall be installed with a weather radio \n inside the manufactured home that--\n ``(A) is capable of broadcasting emergency \n information relating to local weather conditions;\n ``(B) is equipped with a tone alarm;\n ``(C) is equipped with Specific Alert Message \n Encoding, or SAME technology; and\n ``(D) complies with Consumer Electronics \n Association (CEA) Standard 2009-A (or current revision \n thereof) Performance Specification for Public Alert \n Receivers.\n ``(3) Responsibility of manufactured home installers.--It \n shall be the duty of manufactured home installers to ensure \n that manufactured homes (other than manufactured homes affixed \n to a permanent foundation) are supplied and installed with a \n weather radio required under this subsection.\n ``(4) Definition of affixed to a permanent foundation.--For \n purposes of this subsection, the term `affixed to a permanent \n foundation' has the meaning given that term in the Department \n of Housing and Urban Development's publication entitled \n `Permanent Foundations Guide For Manufactured Housing' dated \n September 1996.\n ``(5) Liability protections.--\n ``(A) Immunity for manufacturers.--Manufacturers of \n manufactured homes shall be immune from common law \n civil liability for any aspect of the installation, \n furnishing, function, operation, performance, \n capabilities, or utilization of the weather radio \n mandated by the Federal manufactured home installation \n standards promulgated in accordance with this \n subsection, including any instructions related thereto.\n ``(B) Immunity for installers.--Manufactured home \n installers shall be immune from common law civil \n liability for any aspect of the installation, \n furnishing, function, operation, performance, \n capabilities, or utilization of the weather radio \n mandated by the Federal manufactured home installation \n standards promulgated in accordance with this \n subsection, including any instructions related thereto.\n ``(C) Immunity for retailers.--Retailers of \n manufactured homes shall be immune from common law \n civil liability for any aspect of the installation, \n furnishing, function, operation, performance, \n capabilities, or utilization of the weather radio \n mandated by the Federal manufactured home installation \n standards promulgated in accordance with this \n subsection, including any instructions related thereto.\n ``(D) Immunity for operators of housing \n communities.--Any reminder, assistance, or instructions \n provided by the operator of a manufactured housing \n community concerning the function of a weather radio \n contained in a manufactured home shall not subject the \n operator, an owner or employee of the manufactured home \n community, or the manufacturer of the manufactured home \n to liability for the functionality of that weather \n radio.\n ``(6) Exemption for modular homes.--\n ``(A) In general.--The installation standards \n required to be established under paragraph (2) shall \n not apply to modular homes.\n ``(B) Definition of modular home.--For purposes of \n this paragraph, the term `modular home' has the meaning \n given such term in the law of the State in which the \n modular home is located.''.\n\nSEC. 4. ESTABLISHMENT.\n\n Not later than the expiration of the 90-day period beginning on the \ndate of the enactment of this Act, the consensus committee established \npursuant to section 604(a)(3) of the National Manufactured Housing \nConstruction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3)) \nshall develop and submit to the Secretary of Housing and Urban \nDevelopment a proposed Federal manufactured home installation standards \nrequired under section 605(d) of such Act (as added by the amendment \nmade by section 3 of this Act). Notwithstanding section 604(a)(5)(B) of \nsuch Act, the Secretary of Housing and Urban Development shall issue a \nfinal order promulgating the standard required by such section 605(i) \nnot later than the expiration of the 90-day period beginning upon \nreceipt by the Secretary of the proposed standard developed and \nsubmitted by the consensus committee.\n\nSEC. 5. STUDY.\n\n The Secretary of Housing and Urban Development shall conduct a \nstudy regarding conditioning the applicability of the requirement under \nthe amendment made by section 3 of this Act (relating to the \ninstallation of weather radios in manufactured homes) on the geographic \nlocation at which a manufactured home is placed, but only to the extent \nthat such requirement applies to new manufactured homes and new site-\nbuilt homes. In conducting such study and making determinations under \nto the study, the Secretary shall take into consideration severe \nweather conditions, such as high winds and flooding, and wind zones and \nother severe weather data available from the National Weather Service. \nNot later than the expiration of the 18-month period beginning on the \ndate of the enactment of this Act, the Secretary shall complete the \nstudy and submit a report regarding the results of the study to the \nCommittee on Banking, Housing, and Urban Affairs of the Senate and to \nthe Committee on Financial Services of the House of Representatives.","summary":"CJ's Home Protection Act of 2008 - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise federal standards for manufactured homes to require each such home to be installed with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions. (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology. And (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers . Shields from common law civil liability: (1) manufacturers, installers, or retailers of manufactured homes for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of such a weather radio. And (2) the operator, owner, or employee of a manufactured home community, or the home manufacturer, with respect to the functionality of such a radio owing to any reminder, assistance, or instructions the community operator provides. Exempts modular homes from such installation standards. Requires the consensus committee established under such Act to develop and submit to the Secretary of Housing and Urban Development a proposed standard for installed weather radios. Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the weather radio installation requirement on the geographic location at which a manufactured home is placed.","title":"A bill to amend the National Manufactured Housing Construction and Safety Standards Act of 1974 to require that weather radios be installed in all manufactured homes manufactured or sold in the United States.","text_len":8744,"sum_len":1493} {"bill_id":"110_hr6964","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unfunded Mandates Information and \nTransparency Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) before acting on proposed Federal mandates, Congress \n should carefully consider their effects on consumers, workers, \n and small businesses;\n (2) Congress has often acted without adequate information \n concerning the costs of Federal mandates, instead focusing only \n on their benefits;\n (3) the implementation of the Unfunded Mandates Reform Act \n of 1995 has resulted in increased awareness of \n intergovernmental mandates without impacting existing \n environmental, public health, or safety laws or regulations;\n (4) the implementation of this Act will enhance public \n awareness of prospective Federal mandates on the private \n sector, State, local, and tribal governments without adversely \n affecting the environment, public health, or safety laws or \n regulations;\n (5) the costs of private sector mandates are often borne in \n part by consumers, in the form of higher prices and reduced \n availability of goods and services;\n (6) the costs of private sector mandates are often borne in \n part by workers, in the form of lower wages, reduced benefits, \n and fewer job opportunities; and\n (7) the costs of private sector mandates are often borne in \n part by small businesses, in the form of hiring disincentives \n and stunted economic growth.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is--\n (1) to improve the quality of Congress' deliberation with \n respect to proposed mandates on the private sector, by--\n (A) providing Congress and the public with more \n complete information about the effects of such \n mandates; and\n (B) ensuring that Congress acts on such mandates \n only after focused deliberation on their effects; and\n (2) to enhance the ability of Congress and the public to \n distinguish between Federal mandates that harm consumers, \n workers, small businesses, State, local, and tribal governments \n and mandates that help those groups.\n\nSEC. 4. APPLICATION OF REPORTING REQUIREMENTS TO POLICIES INVOLVING \n CHANGES IN CONDITIONS OF GRANT AID.\n\n Section 423(c) of the Congressional Budget Act of 1974 is amended \nby striking ``and'' at the end of paragraph (2), by striking the period \nand inserting ``; and'' at the end of paragraph (3), and by adding at \nthe end the following new paragraph:\n ``(4) an assessment of the authorized level of funding to \n determine if the prospective costs of carrying out changes to a \n condition of Federal assistance being imposed on participating \n State, local, or tribal governments, and how these costs \n compare with the funds being authorized or, for \n reauthorizations, of the additional costs of changes in those \n conditions and how they compare with the changes in funding \n being authorized; and in cases where a bill or joint resolution \n provides such sums as are necessary, the assessment shall \n contain an estimate of that amount.''.\n\nSEC. 5. EXPANDING THE SCOPE OF LEGISLATIVE REPORTING REQUIREMENTS TO \n INCLUDE INDIRECT COSTS.\n\n (a) Indirect Costs.--Section 423(c) of the Congressional Budget Act \nof 1974 (as amended by section 4) is further amended--\n (1) in its side heading, by inserting ``and Other Costs'' \n after ``Mandates'' ; and\n (2) by striking ``and'' at the end of paragraph (3), by \n striking the period and inserting ``; and'' at the end of \n paragraph (4), and by adding at the end the following new \n paragraph:\n ``(5) an identification and description of any reasonably \n foreseeable indirect costs to State, local, or tribal \n governments, or by the private sector, incurred as a result of \n implementing the Federal mandate in the bill or joint \n resolution.''.\n (b) Definition.--Section 421 of the Congressional Budget Act of \n1974 is amended by redesignating paragraphs (10) through (13) as \nparagraphs (11) through (14), respectively and by adding after \nparagraph (9) the following new paragraph:\n ``(10) Reasonably foreseeable indirect costs.--The term \n `reasonably foreseeable indirect costs' means costs to the \n affected entities resulting from implementation of a Federal \n mandate other than their own direct costs to carry out any such \n mandate. Such costs include lost income and secondary monetary \n costs resulting from the Federal mandate.''.\n\nSEC. 6. EXPANDING THE SCOPE OF REGULATORY REPORTING REQUIREMENTS TO \n INCLUDE INDIRECT COSTS.\n\n Section 202(a) of the Unfunded Mandates Reform Act of 1995 is \namended by striking ``the expenditure by'' and inserting ``direct or \nreasonably foreseeable indirect costs to''.\n\nSEC. 7. APPLICATION OF REPORTING REQUIREMENTS TO INCLUDE REGULATIONS \n IMPOSED BY INDEPENDENT REGULATORY AGENCIES.\n\n Paragraph (1) of section 421 of the Congressional Budget Act of \n1974 is amended by striking ``, but does not include independent \nregulatory agencies''.\n\nSEC. 8. CLARIFICATION TO ENSURE REGULATORY AGENCY REPORTING \n REQUIREMENTS APPLIES TO ALL RESPECTIVE REGULATORY \n ACTIONS.\n\n Section 201 of the Unfunded Mandates Reform Act of 1995 is amended \nby inserting ``expressly'' after ``otherwise''.\n\nSEC. 9. CLOSE LEGAL LOOPHOLE ALLOWING FOR DISREGARDING OF REPORTING \n REQUIREMENTS BY REGULATORY AGENCIES.\n\n Section 202(a) of the Unfunded Mandates Reform Act of 1995 is \namended by--\n (1) striking ``Unless'' and all that follows through \n ``private sector,'' the first place it appears and inserting \n the following: ``Unless otherwise expressly prohibited by law, \n before promulgating any general notice of proposed rulemaking \n or final rule that includes a Federal mandate that may result \n in direct or reasonably foreseeable indirect costs to State, \n local, and tribal governments, in the aggregate, or to the \n private sector,''; and\n (2) striking ``and before promulgating'' and all that \n follows through ``containing--'' and inserting the following: \n ``or within six months after promulgating any final rule that \n was not preceded by a general notice of proposed rulemaking \n that includes a Federal mandate that may result in direct or \n reasonably foreseeable indirect costs by State, local, and \n tribal governments, in the aggregate, or by the private sector, \n of such amount or more (adjusted annually for inflation) in any \n one year; the agency shall prepare a written statement \n containing--''.","summary":"Unfunded Mandates Information and Transparency Act of 2008 - Amends the Congressional Budget Act of 1974 to require reports on federal mandates to include: (1) an assessment of the prospective costs of carrying out changes to a condition of federal assistance being imposed on participating state, local, or tribal governments and how these costs compare with the funds being authorized. (2) for reauthorizations, an assessment of the additional costs of changes in those conditions compared with the changes in funding being authorized. (3) in cases where a bill or joint resolution provides necessary sums, an estimate of that amount. And (4) an identification and description of any reasonably foreseeable indirect costs to such governments or the private sector from implementing the federal mandate. Repeals a provision excluding independent regulatory agencies from reporting requirements. Makes requirements under this Act applicable to general notice of any final rule that includes such a mandate.","title":"To amend the Unfunded Mandates Reform Act of 1995 to ensure that actions taken by regulatory agencies are subject to that Act, and for other purposes.","text_len":7128,"sum_len":1006} {"bill_id":"111_hr2601","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting Emergency Responders \nVolunteer Efforts Act of 2009'' or the ``SERVE Act of 2009''.\n\nSEC. 2. REFUNDABLE CREDIT FOR BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER \n EMERGENCY RESPONSE ORGANIZATIONS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 36A the following new section:\n\n``SEC. 36B. BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER EMERGENCY RESPONSE \n ORGANIZATIONS.\n\n ``(a) In General.--In the case of an individual who at any time \nduring the taxable year is a bona fide volunteer member of a qualified \nvolunteer emergency response organization, there shall be allowed as a \ncredit against the tax imposed by this subtitle the amount of $1,000.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Bona fide volunteer member of a qualified volunteer \n emergency response organization.--\n ``(A) In general.--An individual shall be treated \n as a bona fide volunteer of a qualified volunteer \n emergency response organization for purposes of this \n section if--\n ``(i) the only compensation received by \n such individual for performing qualified \n services is in the form of--\n ``(I) reimbursement for (or a \n reasonable allowance for) reasonable \n expenses incurred in the performance of \n such services, or\n ``(II) reasonable benefits \n (including length of service awards), \n and nominal fees for such services, \n customarily paid by eligible employers \n in connection with the performance of \n such services by volunteers, and\n ``(ii) the aggregate amount of such \n compensation for the taxable year for providing \n qualified services does not exceed an amount \n equal to the annual limitation.\n ``(B) Annual limitation.--For purposes of \n subparagraph (A), the annual limitation is an amount \n equal to the product of--\n ``(i) the minimum wage in effect under \n section 6(a)(1) of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 206(a)(1)) on the first day \n of the calendar year beginning in the taxable \n year, multiplied by\n ``(ii) 2,080 hours.\n ``(C) Service limitation.--An individual shall be \n treated as a bona fide volunteer described in \n subparagraph (A) for a taxable year only if such \n individual has served as a volunteer performing \n qualified services for more than 6 months in such \n taxable year and provided more than 40 hours of such \n service.\n ``(D) Training and certification requirements.--An \n individual shall not be treated as a bona fide \n volunteer described in subparagraph (A) for any period \n for which the individual fails to meet all applicable \n training and certification requirements of the \n qualified volunteer emergency response organization for \n which such individual volunteers.\n ``(E) Coordination with exclusion.--Amounts \n excluded from gross income under section 139B shall not \n be taken into account for purposes of subparagraph (A).\n ``(2) Qualified services.--For purposes of this paragraph, \n the term `qualified services' means fire fighting and \n prevention services, emergency medical services, and ambulance \n services.\n ``(3) Qualified volunteer emergency response \n organization.--The term `qualified volunteer emergency response \n organization' has the meaning given such term by section \n 139B(c)(3).''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``36B,'' after ``section \n 36A,''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 36A \n the following new item:\n\n``Sec. 36B. Bona fide volunteer members of volunteer emergency response \n organizations.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Supporting Emergency Responders Volunteer Efforts Act of 2009 or the SERVE Act of 2009 - Amends the Internal Revenue Code to allow a $1,000 refundable tax credit for individuals who are bona fide volunteer members of a qualified volunteer emergency response organization who provide firefighting and prevention services, emergency medical services, and ambulance services.","title":"To amend the Internal Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who are bona fide volunteer members of volunteer firefighting and emergency medical service organizations.","text_len":5204,"sum_len":372} {"bill_id":"110_s1371","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reward Innovation in America Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administering entity.--The term ``administering \n entity'' means an entity with which the Secretary enters into \n an agreement under section 4(e).\n (2) Competition.--The term ``competition'' means a \n competition for an innovation prize under the program described \n in section 4(a).\n (3) Innovation prize.--The term ``innovation prize'' means \n a prize awarded to a participant who wins a competition.\n (4) Participant.--The term ``participant'' means an \n individual or entity that participates in a competition.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n\nSEC. 3. NATIONAL INNOVATION PRIZES BOARD.\n\n (a) Establishment.--There is established in the Department of \nCommerce a National Innovation Prizes Board (referred to in this Act as \nthe ``Board'').\n (b) Purposes.--The purposes of the Board are as follows:\n (1) To develop and administer the program described in \n section 4(a).\n (2) To select the research topics for competitions.\n (3) To establish the rules of the competitions and the \n criteria for winning innovation prizes.\n (4) To determine the amount of the innovation prize for \n each competition.\n (5) To certify the winners of the competitions.\n (6) To determine the annual funding requirement for each \n competition.\n (c) Membership.--\n (1) Number of members.--The Secretary shall determine the \n number of members of the Board.\n (2) Chair.--The Secretary, or a designee of the Secretary, \n shall serve as Chair of the Board.\n (3) Members.--\n (A) From federal agencies.--The Secretary may \n appoint the heads of Federal agencies to serve as full \n members of the Board on a permanent basis.\n (B) Non-federal members.--The Secretary may appoint \n to the Board individuals who are not officers or \n employees of the Federal Government and who have \n national reputations in the private sector, policy \n sector, or academic institutions.\n (4) Terms.--\n (A) In general.--Except as provided in subparagraph \n (B), a member of the Board shall serve for a term of 3 \n years.\n (B) Initial terms.--The initial terms of members \n described in paragraph (3)(B) shall be staggered.\n (5) Vacancies.--A member of the Board described in \n paragraph (3)(B) appointed to fill a vacancy occurring other \n than by the expiration of a term shall be appointed for the \n remainder of the term of the former member.\n (6) Status.--Except as provided in paragraph (7), a member \n described in paragraph (3)(B) shall not be deemed to be an \n officer or employee of the United States for purposes of the \n laws or regulations of the United States.\n (7) Travel expenses.--A member described in paragraph \n (3)(B) shall be allowed travel expenses, including per diem in \n lieu of subsistence, at rates authorized for employees of the \n Federal Government under subchapter I of chapter 57 of title 5, \n United States Code.\n\nSEC. 4. INNOVATION PRIZES PROGRAM.\n\n (a) In General.--The program described in this subsection means a \nprogram of competitions to award innovation prizes to eligible \nindividuals and entities to advance the research, development, and \ncommercial application of innovative technologies.\n (b) Eligible Individuals and Entities.--\n (1) In general.--The term ``eligible individual or entity'' \n includes an individual, university, or small or large business \n that complies with the requirements of paragraph (2).\n (2) Requirements.--An eligible individual or entity--\n (A) shall have complied with such eligibility \n requirements for participation in a competition as the \n Board may establish and publish in the Federal Register \n under subsection (d)(2);\n (B) in the case of a private entity, shall be \n incorporated in and maintain a primary place of \n business in the United States;\n (C) in the case of an individual, whether \n participating in the program singly or in a group, \n shall be a citizen of, or an alien lawfully admitted \n for permanent residence in, the United States; and\n (D) may not be--\n (i) a Federal entity, such as a federally \n funded research and development center or a \n government-owned, contractor-operated \n laboratory;\n (ii) a Federal employee acting within the \n scope of employment; or\n (iii) an employee of a national laboratory \n acting within the scope of employment.\n (3) Consultation with federal employees.--An individual or \n entity shall not be deemed ineligible under this subsection \n because such individual or entity used Federal facilities or \n consulted with Federal employees during a competition if such \n facilities and employees are made available to all individuals \n and entities participating in the competition on an equitable \n basis.\n (c) Development of Program.--\n (1) Plan.--Not later than 120 days after the date of the \n enactment of this Act, the Secretary shall prepare and submit \n to the Committee on Commerce, Science, and Transportation of \n the Senate and the Committee on Science and Technology of the \n House of Representatives a plan for implementing the program \n described in subsection (a) that includes--\n (A) a description of how the research topics for \n competitions and the criteria for awarding the \n innovation prizes will be determined;\n (B) the terms and conditions of the competitions;\n (C) the time frame for the award of innovation \n prizes; and\n (D) a description of the plans of the Secretary to \n partner with nonprofit organizations or Federal \n agencies to sponsor competitions or to outsource \n administration of competitions to nonprofit \n organizations under subsection (e).\n (2) Innovation prizes.--In developing the plan under \n paragraph (1), the Secretary shall include the following \n requirements:\n (A) Categories.--There shall be 2 categories of \n innovation prizes as follows:\n (i) 21st century innovation prizes.--21st \n Century Innovation Prizes shall be awarded in \n multiple competitions in different research \n areas. The amount of each 21st Century \n Innovation Prize award may not exceed \n $2,000,000.\n (ii) Innovate america grand challenge \n prizes.--\n (I) In general.--Innovate America \n Grand Challenge Prizes shall be awarded \n in large, highly complex, and expensive \n competitions that--\n (aa) are held every 2 to 4 \n years; and\n (bb) address research \n objectives well beyond the \n current state of the art and \n that are intended to become \n integral to major changes in \n complex socio-technological \n systems.\n (II) Amount of award.--The amount \n of each Innovate America Grand \n Challenge Prize award shall be \n $5,000,000 or more, but not more than \n $30,000,000.\n (B) Awards.--The Board shall determine the amount \n of each innovation prize for each competition and may \n elect to award only a first place prize or to award \n first, second, and third place prizes.\n (d) Advertising and Notice to Participants.--\n (1) Advertising.--The Board shall advertise each \n competition widely to encourage broad participation in each \n competition, including by individuals, universities (including \n historically Black colleges and universities and other \n institutions serving minorities), and large and small \n businesses (including businesses owned or controlled by \n socially and economically disadvantaged persons).\n (2) Federal register notice.--The Board shall announce each \n competition by publishing in the Federal Register a notice that \n includes the subject of the competition, the duration of the \n competition, the eligibility requirements for participation in \n the competition, the process for participants to register for \n the competition, the amount of the innovation prize, and the \n criteria for awarding the innovation prize.\n (e) Administering Competitions.--The Board may enter into an \nagreement with a private, nonprofit organization to administer \ncompetitions. The duties of the administering entity under the \nagreement shall include--\n (1) advertising competitions and the results of \n competitions;\n (2) raising funds from private entities and individuals to \n pay for administrative costs of competitions and to contribute \n to cash innovation prizes;\n (3) working with the Board to develop the criteria for \n selecting winners in competitions, based on goals provided by \n the Secretary;\n (4) determining, in consultation with the Board, the \n appropriate amount of each innovation prize to be awarded;\n (5) selecting judges for competitions using criteria \n developed in consultation with the Board; and\n (6) preventing the unauthorized use or disclosure of the \n intellectual property, trade secrets, and confidential business \n information of participants.\n (f) Funding.--\n (1) Funding sources.--\n (A) In general.--Innovation prizes awarded under \n the program described in subsection (a) shall consist \n of--\n (i) funds authorized to be appropriated \n under section 6; and\n (ii) any funds raised by the administering \n entity under subsection (e)(2).\n (B) Federal agencies.--The Secretary may accept \n funds from other Federal agencies for innovation \n prizes.\n (2) Funding from other entities.--\n (A) In general.--The Board is authorized to enter \n into agreements with other entities, including \n corporations, nonprofit organizations, and other \n government agencies, to offer joint innovation prizes \n if--\n (i) the joint innovation prize supports the \n purposes of this Act;\n (ii) the entity offering additional funds \n agrees to deposit the funds into a designated \n escrow account; and\n (iii) the Board retains full authority over \n the competition and the awarding of the cash \n innovation prizes.\n (B) Prohibition on special consideration in return \n for donations.--The Secretary may not give any special \n consideration to any private sector entity or \n individual in return for a donation to the \n administering entity to fund a competition.\n (3) Announcement of innovation prizes contingent on \n funding.--\n (A) In general.--The Secretary may not publish the \n notice in the Federal Register required by subsection \n (d)(2) until all the funds necessary to pay the \n innovation prize have been appropriated or committed in \n writing.\n (B) Increases in amount of innovation prize.--The \n Secretary may increase the amount of an innovation \n prize after an initial announcement is made under \n subsection (d)(2) if--\n (i) notice of the increase is published in \n the Federal Register; and\n (ii) the funds needed to pay the amount of \n the increase have been appropriated or \n committed in writing.\n (g) Liability.--\n (1) Waiver of liability.--\n (A) In general.--The Secretary may require \n participants to waive claims against the Federal \n Government and the administering entity (except claims \n for willful misconduct) for any injury, death, damage, \n or loss of property, revenue, or profits arising from \n participation in a competition.\n (B) Notice.--The Secretary shall give notice of any \n waiver required under subparagraph (A) in the notice \n published in the Federal Register under subsection \n (d)(2).\n (C) Exception.--The Secretary may not require a \n participant to waive claims against the administering \n entity arising out of the unauthorized use or \n disclosure by the administering entity of the \n intellectual property, trade secrets, or confidential \n business information of the participant.\n (2) Liability insurance.--\n (A) Requirements.--A participant shall be required \n to obtain liability insurance or demonstrate financial \n responsibility, in amounts determined by the Secretary, \n for claims by--\n (i) a third party for death, bodily injury, \n or property damage or loss resulting from an \n activity carried out in connection with \n participation in a competition; and\n (ii) the Federal Government for damage or \n loss to Government property resulting from \n participation in a competition.\n (B) Federal government insured.--The Federal \n Government shall be named as an additional insured \n under an insurance policy required under subparagraph \n (A). A registered participant shall be required to \n agree to indemnify the Federal Government against third \n party claims for damages arising from or related to \n participation in a competition.\n (h) Intellectual Property.--\n (1) Prohibition on the government acquiring intellectual \n property rights.--The Federal Government may not gain an \n interest in intellectual property developed by a participant \n for a competition.\n (2) Licenses.--The Federal Government may negotiate a \n license for the use of intellectual property developed by a \n participant for a competition.\n\nSEC. 5. REPORT.\n\n Not later than one year after the date of the enactment of this \nAct, and annually thereafter, the Secretary shall submit to the \nCommittee on Commerce, Science, and Transportation of the Senate and \nthe Committee on Science and Technology of the House of Representatives \na report describing the activities of the program described in section \n4(a), including--\n (1) a description of the methods used to select the \n research topics of competitions and the amounts of the \n innovation prizes;\n (2) a discussion of the features of competitions that \n contribute to the success or lack of success of the \n competitions;\n (3) the number of participants involved in the \n competitions;\n (4) the amount of private funds contributed to the program \n and the sources of such funds;\n (5) the effect of the program on public awareness of \n innovation; and\n (6) the effect of the program on the public image of the \n Department of Commerce.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--\n (1) Awards.--There are authorized to be appropriated to the \n Secretary to carry out the provisions of this Act--\n (A) for each of fiscal years 2008 through 2012, \n $5,000,000 for awards described in section \n 4(c)(2)(A)(i); and\n (B) for fiscal year 2008, $30,000,000 for awards \n described in section 4(c)(2)(A)(ii).\n (2) Administration.--In addition to the amounts authorized \n to be appropriated under paragraph (1), there are authorized to \n be appropriated to the Secretary for each of fiscal years 2008 \n through 2012 $750,000 for the administrative costs of carrying \n out this Act.\n (b) Carryover of Funds.--Funds appropriated to carry out the \nprovisions of this Act shall remain available until expended.","summary":"Reward Innovation in America Act - Establishes a National Innovation Prizes Board in the Department of Commerce, which shall develop and administer a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. Requires the Secretary of Commerce to submit a plan for implementing such program. Requires that there be two categories of prizes: (1) 21st Century Innovation Prizes, which shall be awarded in multiple competitions in different research areas. And (2) Innovate America Grand Challenge Prizes, which shall be awarded in large, highly complex, and expensive competitions that are held every two to four years and address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. Requires the Board to determine the amount of each prize for each competition. Instructs the Board to: (1) advertise competitions widely to encourage broad participation. And (2) publish notices of competitions in the Federal Register. Authorizes the Board to enter into an agreement with a private, nonprofit organization to administer competitions. Specifies that prizes awarded under the program shall consist of: (1) funds authorized to be appropriated pursuant to this Act. And (2) any funds raised by the administering entity to pay for administrative costs of competitions and to contribute to cash prizes. Requires the Secretary to submit annual reports describing the activities of the program.","title":"A bill to establish a program to award innovation prizes to individuals and entities for researching and developing innovative technologies, and for other purposes.","text_len":18640,"sum_len":1613} {"bill_id":"105_s877","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NOAA Corps Disestablishment Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to disestablish the Corps of Commissioned Officers of \n the National Oceanic and Atmospheric Administration, a \n uniformed service within the Department of Commerce;\n (2) to provide for fair treatment of retired officers and \n officers on the active list of the NOAA Corps, and other \n employees of the National Oceanic and Atmospheric \n Administration and the Department of Commerce; and\n (3) to provide for the retention of professional skills and \n experience required by NOAA to continue to carry out its \n mission effectively.\n\nSEC. 3. CONVERSION.\n\n (a) In General.--Not later than the disestablishment date each \nconversion-eligible officer who has signed a conversion agreement and \nthe position to which such officer is assigned as of that date shall be \nconverted into the civilian service.\n (b) Credit for Prior Service.--The total time served in the NOAA \nCorps and in any other uniformed service by an officer who is converted \nto the civilian service under subsection (a) shall be--\n (1) credited under the Federal Employees' Retirement System \n in accordance with section 8411(c) of title 5, United States \n Code (and subject to any limitations in such section 8411(c) of \n such title), if the officer pays the deposit required by \n section 8422(e) of such title;\n (2) deemed to be creditable civilian service for the \n purposes of section 8410 of such title concerning eligibility \n for annuity, section 8442(b) of such title concerning rights of \n a widow or widower, and section 8451(a) of such title \n concerning disability retirement; and\n (3) credited in accordance with, and subject to limitations \n in, section 3502(a) of such title concerning retention in a \n reduction in force, and section 6303(a) of such title \n concerning annual leave accrual.\n (c) All officers converted to the civilian service under subsection \n(a) shall be eligible for health insurance in accordance with chapter \n89 of title 5, United States Code, with such coverage effective \nretroactively to the effective date of that officer's conversion.\n\nSEC. 4. CONVERSION BENEFIT.\n\n (a) In General.--The Secretary shall, subject to the availability \nof appropriations, provide a conversion benefit to be calculated using \nthe formula provided in section 1174a(b)(2)(A) of title 10, United \nStates Code, to each conversion-eligible officer converted to the \ncivilian service under section 3.\n (b) Repayment of Benefit Upon Leaving Within 180 Days of \nConversion.--Any officer leaving the employment of NOAA within 180 days \nafter conversion to the civilian service under section 3 shall refund \nto the Treasury an amount equal to 5 percent of the product of--\n (1) the member's years of active service, multiplied by\n (2) 12 times the monthly basic pay to which the member is \n entitled on the date of the disestablishment of the NOAA Corps.\n (c) Contributions to the Thrift Savings Fund.--Notwithstanding the \ntime periods set forth at 5 U.S.C. 8432(b), each conversion-eligible \nofficer converted to the civilian service under section 3 shall be \neligible immediately to make an election to contribute to the Thrift \nSavings Fund.\n\nSEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY.\n\n (a) Credit for Unused Leave.--\n (1) Transferred leave.--Each officer who is in the NOAA \n Corps on the date of enactment of this Act and who is converted \n into or appointed to the civilian service without a break in \n service, shall receive a credit for unused leave which shall be \n transferred to that officer's credit in the employing agency in \n accordance with regulations promulgated by the Office of \n Personnel Management. No lump-sum payment shall be made for the \n leave that is transferred.\n (2) Lump-sum payment for leave.--Each officer who is in the \n NOAA Corps on the date of enactment of this Act and who \n receives a lump-sum payment for unused leave and is employed in \n the civilian service prior to the expiration of the period \n covered by the lump-sum payment, shall refund to the employing \n agency an amount equal to the compensation covering the period \n between the date of employment and the expiration of the period \n covered by such leave payment. The leave represented by any \n such refund shall be recredited to that officer by the \n employing agency in accordance with regulations promulgated by \n the Office of Personnel Management.\n (b) Retirement Fund Supplemental Liability.--There is authorized to \nbe appropriated to the Civil Service Retirement and Disability Fund an \namount equal to the Federal Employee Retirement System supplemental \nliability created by granting service credit under section 8411 of \ntitle 5, United States Code, to those NOAA Corps officers converted \ninto the civilian service under section 3(a) of this Act. Such amount, \nas determined by the Office of Personnel Management, shall be credited \nto such Fund no later than September 30, 1998.\n\nSEC. 6. ADDITIONAL CIVILIAN POSITIONS.\n\n (a) In General.--Not later than the disestablishment date, the \nUnder Secretary shall establish additional civilian positions in NOAA \nas determined to be necessary for fulfilling essential mission \nfunctions and may fill such positions in accordance with customary \nrecruitment procedures.\n (b) Vacancy Information Provided to Retired Officers and Current \nDepartment of Commerce Employees.--Vacancy announcements for any \npositions described in subsection (a) shall be provided to each officer \nwho retires after the date of enactment of this act and vacancy \ninformation shall be made available to current employees of the \nDepartment of Commerce at the initiation of a recruitment action \nconcerning such positions.\n\nSEC. 7. DISESTABLISHMENT.\n\n (a) Disestablishment.--The Commissioned Officers Corps of the \nNational Oceanic and Atmospheric Administration is disestablished as of \nOctober 1, 1997.\n (b) Eligibility for Noncompetitive Appointments.--\n (1) Invountary separations.--Each officer in the NOAA Corps \n on the date of enactment of this Act, shall be afforded \n noncompetitive appointment eligibility for any competitive \n service position within the Department of Commerce for which \n the officer meets the minimum qualification requirements. \n Eligibility for this special noncompetitive appointment shall \n begin on the effective date of this Act and extend for--\n (A) 1 year, in the case of an officer who has less \n than 3 years of service in the NOAA Corps, after the \n officer is involuntarily separated; and\n (B) 2 years, in the case of any other officer.\n (2) Appointments and conversions.--Each officer in the NOAA \n Corps on the date of enactment of this Act who has completed at \n least 1 year of continuous service as a NOAA Corps officer will \n acquire competitive status upon appointment or conversion under \n this Act. Officers who have completed at least 3 years of \n service in the NOAA Corps or other uniformed service will \n receive career appointments. All other officers will receive \n career-conditional appointments and their time in the Corps \n will be credited towards career tenure. Annual fitness reports \n shall constitute annual performance ratings for purposes of 5 \n CFR Part 351, for any officer who is appointed to or is \n converted into the civilian service, so as to provide \n entitlement to additional service credit for performance where \n needed.\n\nSEC. 8. SEPARATION AND RETIREMENT OF OFFICERS.\n\n (a) Separation.--Each conversion-eligible officer who has not \nsigned a conversion agreement shall be involuntarily separated from the \nNOAA Corps not later than September 30, 1997.\n (b) Retirement.--Each officer who is on the active list of the NOAA \nCorps on the date of the enactment of this Act shall, if eligible to \nretire not later than September 30, 1997, under any provision of law, \nbe retired under such provision not later than such date.\n (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any \nofficer involuntarily separated from the NOAA Corps by reason of \nsubsection (a) shall be eligible for separation pay as authorized by \nsection 9 of the Coast and Geodetic Survey Commissioned Officers Act of \n1948 (33 U.S.C. 853h).\n (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and \nGeodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is \namended by striking--\n (1) ``, or $30,000, whichever is less'' in subsection \n (b)(1)(B);\n (2) ``, but in no event no more than $15,000'' in \n subsection (b)(2); and\n (3) subsection (d)(2).\n (e) Retirement Eligibility Based on Unused Leave.--\n (1) Officers with 15 years' service.--A conversion-eligible \n officer shall be deemed to have 15 years of active service for \n purposes of all provisions and regulations concerning \n retirement of a member of a uniformed service for which a NOAA \n Corps officer is otherwise eligible if, as of the day prior to \n the disestablishment date the sum of such officer's length of \n active service in the NOAA Corps and other uniformed services \n plus an amount of such officer's unused leave equals or exceeds \n 15 years.\n (2) Retirement terms.--An officer described in paragraph \n (1)--\n (A) is ineligible for conversion into the civilian \n service under section 3(a);\n (B) shall not qualify as a ``conversion-eligible \n officer'' as defined in section 13(3);\n (C) shall be retired under subsection (b) of this \n section;\n (D) shall receive retirement pay computed on the \n sum obtained in paragraph (1); and\n (E) shall not receive a lump sum payment for leave \n that is used to qualify for retirement under paragraph \n (1).\n\nSEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS.\n\n (a) Active NOAA Service Deemed To Be Service in the Navy.--\nEffective on the disestablishment date, and as determined and credited \nby the Secretary of Commerce, the active service of each officer in the \nNOAA Corps and its predecessors who has retired shall be deemed to have \nbeen active service in the United States Navy for purposes of \ndetermining the rights, privileges, and benefits administered by the \nDepartment of Defense to which such officer and the officer's \ndependents and survivors are entitled.\n (b) Administration by Department of Defense of Retired Pay, \nSurvivor and other Benefits.--Effective on the disestablishment date, \nauthority and responsibility for the administration of retired pay for \nretired officers of the former NOAA Corps, survivor benefit annuities \nfor their survivors, and all rights, privileges and benefits to which \nretired officers of the former NOAA Corps and its predecessors, their \ndependents and survivors are entitled in accordance with subsection (a) \nis transferred to the Secretary of the Navy. Such retired pay and \nsurvivor benefits shall be paid from the Department of Defense Military \nRetirement Fund. The one-time change in unfunded liability in that fund \nresulting from this subsection shall be considered to be an actuarial \nloss under the provisions of section 1465(c)(3) of title 10, United \nStates Code. The cost of all other benefits, including those concerning \nhealth and dental care, provided to each officer and the officer's \ndependents and survivors in accordance with subsection (a) shall be \npaid from amounts appropriated to the Department of Defense.\n (c) Retired Pay Administration.--Effective on the disestablishment \ndate--\n (1) Section 1461(b) of title 10, United States Code, is \n amended--\n (A) by striking ``and'' at the end of paragraph \n (2);\n (B) by striking the period at the end of paragraph \n (3) and inserting ``, and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(4) the provisions of law that created entitlement to, \n and determined the amount of, retired pay for retired officers \n of the former Commissioned Officers Corps of the National \n Oceanic and Atmospheric Administration and its predecessors (as \n in effect before the disestablishment of that corps by the NOAA \n Corps Disestablishment Act).''.\n (2) Section 1461 of such title is amended by adding at the \n end thereof the following new subsection:\n ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of \nthis title, the term `armed forces' shall be considered to include the \nformer Commissioned Officers Corps of the National Oceanic and \nAtmospheric Administration and its predecessors.''.\n (3) Section 1463(a)(1) of such title is amended by \n inserting ``and to retired officers of the former Commissioned \n Officers Corps of the National Oceanic and Atmospheric \n Administration and its predecessors'' before the semicolon at \n the end.\n (d) Actions by Secretary.--The Secretary shall--\n (1) transfer promptly to the Secretary of the Navy all \n records required to implement this section; and\n (2) advise all retired members of the former NOAA Corps and \n its predecessors or their survivors of the functions to be \n assumed by the Secretary of the Navy under this Act.\n (e) Treatment of Prior Active Service.--Effective on the \ndisestablishment date, and except as provided in subsection (a), the \nactive service of an officer in the NOAA Corps and its predecessors \n(including that of an officer who has retired) shall continue to be \ntreated as active duty in a uniformed service as provided in applicable \nlaw.\n\nSEC. 10. DISABILITY DETERMINATIONS.\n\n (a) In General.--Not later than the disestablishment date, the \nSecretary of Commerce shall, under section 1210(b) of title 10, United \nStates Code, and based upon a physical examination, make a final \ndetermination of the case of each officer of the NOAA Corps whose name \nis on the temporary disabled retired list under section 1202 of such \ntitle. As provided in the second sentence of section 1210(b) of such \ntitle, if, at the time of that determination, the physical disability \nfor which the officer's name was carried on the temporary disability \nretired list still exists, it shall be considered to be permanent and \nstable. Such an officer shall be retired in accordance with section \n1210(c) or 1210(d) of such title or separated in accordance with \nsection 1210(e) of such title, as applicable.\n (b) Substitution of Terms.--For purposes of making the \ndetermination required by subsection (a) under section 1210(b) of title \n10, United States Code, ``15 years of service'' shall be substituted \nfor ``20 years of service'' in sections 1210(d) and 1210(e) of that \ntitle.\n (c) Disposition of Officers Determined Not To Be Disabled.--If, \nupon a final determination under subsection (a), it is determined that \nthe officer is physically fit to perform the duties of the officer's \nrank, the officer shall be either--\n (1) converted into the civilian service if eligible in \n accordance with section 3(a), provided that the officer has \n signed a conversion agreement; or\n (2) retired or separated in accordance with section 8.\n\nSEC. 11. AMENDMENTS AND REPEALS.\n\n (a) Amendments.--The Coast and Geodetic Survey Commissioned \nOfficers Act of 1948 (33 U.S.C. 853a-853u) is amended--\n (1) by striking subsection (b) in section 8 and \n redesignating subsection (c) as subsection (b); and\n (2) by striking ``under section 8'' in section 9.\n (b) Repeals.--The following provisions of law are repealed \neffective on the disestablishment date:\n (1) The Coast and Geodetic Survey Commissioned Officers Act \n of 1948, (33 U.S.C. 853a-853u).\n (2) The Act of February 16, 1929, (Chapter 221, section 5, \n 45 Stat. 1187; 33 U.S.C. 852a).\n (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6).\n (4) Section 9 of Public Law 87-649, (76 Stat. 495).\n (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 \n Stat. 87; 33 U.S.C. 854 et seq.).\n (6) The Act of December 3, 1942, (Chapter 670; 56 \n Stat.1038).\n (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. \n 1863; 33 U.S.C. 857-1 et seq.).\n (8) The Act of August 10, 1956, (Chapter 1041, section 3; \n 70A Stat. 619; 33 U.S.C. 857a).\n (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 \n Stat. 603; 33 U.S.C. 864).\n (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; \n 33 U.S.C. 873, 874).\n (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; \n 33 U.S.C. 875, 876).\n (c) Continuing Application.--No repeal under this section shall \naffect any annuity or other benefit authorized under provision of law \nso repealed, based on the separation of any person from the NOAA Corps \nor its predecessors.\n\nSEC. 12. IMPLEMENTING AUTHORITIES.\n\n Without regard to any other provision of law and without prior \nnotification, the Secretary is authorized to establish, eliminate or \nreorganize any office within NOAA as determined by the Secretary to be \nnecessary or appropriate to carry out the purposes of this Act. Not \nlater than 2 years after enactment, the Secretary shall submit a report \nto the appropriate committees of Congress describing the actions taken \nunder this section.\n\nSEC. 13. DEFINITIONS.\n\n For purposes of this Act, the term --\n (1) ``Conversion Agreement'' means an agreement which \n states that a conversion-eligible officer agrees to be \n converted to the civilian service and will remain in the \n position assigned at the time of conversion or in another NOAA \n position as assigned after conversion for 180 days following \n such conversion;\n (2) ``Conversion Eligible Officer'' means an officer in the \n NOAA Corps on the date of enactment of this Act whose active \n service in the NOAA Corps and in any other uniformed service as \n of the disestablishment date will total less than 15 years, \n except as provided in section 8(e);\n (3) ``disestablishment date'' means October 1, 1997;\n (4) ``NOAA'' means the National Oceanic and Atmospheric \n Administration;\n (5) ``NOAA Corps'' means the Corps of Commissioned Officers \n of the National Oceanic and Atmospheric Administration;\n (6) ``Predecessors'' means the former Commissioned Officers \n Corps of the Environmental Sciences Services Administration and \n the former Commissioned Officers Corps of the Coast and \n Geodetic Survey;\n (7) ``Secretary'' means the Secretary of Commerce; and\n (8) ``Under Secretary'' means the Under Secretary of \n Commerce for Oceans and Atmosphere.","summary":"NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. Mandates establishment of additional NOAA civilian positions. Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps. And (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.","title":"NOAA Corps Disestablishment Act","text_len":19936,"sum_len":2020} {"bill_id":"109_hr2727","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Quality of Life for Women Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Women's pelvic floor disorders are a group of common \n conditions that cause considerable disability and pain.\n (2) Such disorders include bladder and bowel dysfunction, \n including incontinence. Another such disorder is pelvic organ \n prolapse, which involves a downward shift of uterine or vaginal \n structures from their normal positions. Often these conditions \n coexist.\n (3) Women's pelvic floor disorders are extremely common and \n are barriers to healthy living.\n (4) Women often suffer from a broad overlap of all pelvic \n floor disorders, usually experiencing several disorders \n simultaneously.\n (5) Thirty percent of American women will suffer from a \n form of urinary incontinence.\n (6) Eleven percent of women in the United States have \n surgery for urinary incontinence or pelvic organ prolapse \n during their lifetime, and close to one third will have a \n second surgery. Many more women are treated with nonsurgical \n techniques or remain untreated.\n (7) Of the 3 million vaginal deliveries that occur each \n year in the United States, 900,000 women will develop \n symptomatic urinary incontinence and a smaller number will \n develop pelvic organ prolapse and bowel incontinence.\n (8) An estimated $26.3 billion is spent annually to either \n treat or compensate for urinary incontinence.\n (9) Many health care providers are not prepared to evaluate \n urinary pelvic floor disorders, including incontinence, and are \n unaware of treatment options.\n (10) To address the public health threat posed by women's \n pelvic floor disorders, there is a need for the establishment \n of awareness and education programs directed at the public and \n primary-care providers, including the authorization of research \n focused on urinary incontinence and other pelvic floor \n disorders. Such programs will greatly help promote better care \n and treatment to those women afflicted with these disorders.\n\nSEC. 3. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.\n\n (a) In General.--Part P of title III of the Public Health Service \nAct (42 U.S.C. 280g et seq.) is amended by adding at the end the \nfollowing section:\n\n``SEC. 399O. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.\n\n ``(a) In General.--The Secretary, acting through the Administrator \nof the Health Resources and Services Administration and the Director of \nthe Centers for Disease Control and Prevention, shall carry out a \nprogram to provide education regarding bladder and bowel dysfunction \n(including incontinence), pelvic organ prolapse, and other pelvic floor \ndisorders to health professionals and the general public. Activities \nunder such program shall be carried out directly by the Secretary and \nthrough awards of grants or contracts to States, political subdivisions \nof States, and other public or nonprofit private entities.\n ``(b) Certain Information.--The Secretary shall ensure that \neducation under subsection (a) includes, at a minimum--\n ``(1) information describing the prevalence of pelvic floor \n disorders in women; and\n ``(2) information regarding treatment options for such \n disorders.\n ``(c) Use of Internet.--The Secretary shall ensure that the means \nthrough which education under subsection (a) is provided includes the \nposting of information on the Internet site of the Centers for Disease \nControl and Prevention. The Secretary shall ensure that, in the case of \nhealth professionals, such means includes means in addition to the \nposting of information on such site.\n ``(d) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2006 through 2010.''.\n (b) Sense of Congress.--It is the sense of the Congress that the \nDirector of the Centers for Disease Control and Prevention should \nestablish a national registry for surgical treatment of pelvic floor \ndisorders, especially procedures using new technology.\n\nSEC. 4. RESEARCH THROUGH NATIONAL INSTITUTES OF HEALTH.\n\n (a) In General.--Part B of title IV of the Public Health Service \nAct (42 U.S.C. 284 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 409J. WOMEN'S PELVIC FLOOR DISORDERS.\n\n ``(a) In General.--The Directors of the National Institute of \nDiabetes and Digestive and Kidney Diseases and the National Institute \nof Child Health and Human Development shall expand and intensify the \nactivities of such Institutes with respect to women's pelvic floor \ndisorders, including proposals for research on such disorders that are \ndeveloped independently of solicitations by the National Institutes of \nHealth for research proposals.\n ``(b) Networks.--\n ``(1) Urinary incontinence treatment network.--The Director \n of the National Institute of Diabetes and Digestive and Kidney \n Diseases, in consultation with the Director of the National \n Institute of Child Health and Human Development, shall provide \n for the continuing operation of the Urinary Incontinence \n Treatment Network. The Network was established pursuant to \n financial awards from such Institutes, and includes multiple \n continence treatment centers and a single biostatistical \n coordinating committee. The Director shall ensure that not \n fewer than eight such treatment centers are in operation and \n may provide for the establishment of additional treatment \n centers, subject to appropriations Acts.\n ``(2) Clinical trials network for female pelvic \n disorders.--The Director of the National Institute of Child \n Health and Human Development, in consultation with the Director \n of the National Institute of Diabetes and Digestive and Kidney \n Diseases, shall provide for the continuing operation of the \n Clinical Trials Network for Female Pelvic Disorders. The \n Network was established pursuant to financial awards from such \n Institutes, and includes multiple clinical sites and a single \n data coordinating committee. The Director shall ensure that not \n fewer than seven such clinical sites are in operation and may \n provide for the establishment of additional clinical sites, \n subject to appropriations Acts.\n ``(c) Peer Review.--With respect to technical and scientific peer \nreview under section 492, the Director of NIH shall ensure that groups \nthat review research proposals under this section include \nurogynecologists and other pelvic floor specialists.''.\n (b) Sense of Congress.--\n (1) In general.--The Congress commends--\n (A) the National Institute of Diabetes and \n Digestive and Kidney Diseases for its financial support \n of the Urinary Incontinence Treatment Network;\n (B) the National Institute of Child Health and \n Human Development for its financial support of the \n Clinical Trials Network for Female Pelvic Disorders;\n (C) the successful collaboration of such Institutes \n with respect to the Networks; and\n (D) each of such Networks for the research it is \n conducting toward improving women's pelvic health.\n (2) Certain activities.--It is the sense of the Congress \n that the Directors of the National Institute of Diabetes and \n Digestive and Kidney Diseases and the National Institute of \n Child Health and Human Development should--\n (A) increase the size, scope, number, and funding \n for multidisciplinary research through centers and \n clinical sites of the Networks referred to in paragraph \n (1);\n (B) encourage industry relationships in women's \n pelvic floor health related research;\n (C) recruit established scientists from other \n relevant areas (such as cardiac or gastrointestinal \n physiology, cell signaling, biomechanical engineering, \n genomics, and proteomics) to apply their work to the \n urinary tract and incontinence by encouraging \n collaborative efforts between basic and clinical \n scientists;\n (D) increase research funding for studies that use \n cellular and molecular techniques to examine the basic \n mechanisms of bladder and urethral interactions that \n create urinary continence and incontinence;\n (E) support research to develop appropriate animal \n models of urinary incontinence;\n (F) develop novel techniques (both invasive and \n noninvasive) for measuring neural, muscular (striated \n and smooth), and vascular function relating to pelvic \n floor health;\n (G) identify risk factors for pelvic floor \n disorders and urinary incontinence related to \n childbirth and aging so that prevention measures and \n improved disease-specific treatment can be developed;\n (H) initiate research to develop preventive and \n therapeutic approaches to urinary incontinence that are \n sensitive to gender, race, and culture, and develop the \n means of measuring outcomes for treatments in these \n varied settings;\n (I) develop a national data registry and tissue \n bank of people suffering from incontinence to meet the \n needs of researchers for well-characterized tissue \n samples; and\n (J) research the relationship between the anatomic \n changes of pelvic organ prolapse and the functional \n derangement's commonly seen in association with them, \n including voiding dysfunction and incontinence.\n\nSEC. 5. INCLUSION OF WOMEN'S PELVIC FLOOR HEALTH IN NATIONAL CHILDREN'S \n STUDY.\n\n The Director of the National Institute of Child Health and Human \nDevelopment shall include women's pelvic floor health as one of the \nmatters studied in the prospective cohort study regarding child health \nand human development that is being conducted under section 1004(b) of \nthe Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1130) \nand is known as the National Children's Study.\n\nSEC. 6. CONSULTATION.\n\n In carrying out this Act, the Secretary of Health and Human \nServices shall consult with the American Urogynecologic Society and \nsuch other qualified professional and patient organizations as the \nSecretary determines to be appropriate.","summary":"Quality of Life for Women Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of the Centers for Disease Control and Prevention (CDC), to educate health professionals and the public on bladder and bowel dysfunction , pelvic organ prolapse, and other pelvic floor disorders. Expresses the sense of Congress that the Director should establish a national registry for surgical treatment of such disorders. Requires the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development to: (1) expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including developing proposals for research on such disorders. And (2) provide for the continuing operation of the Urinary Incontinence Treatment Network and the Clinical Trials Network for Female Pelvic Disorders. Commends such Institutes for their support of such Networks and such Networks for their research toward improving women's pelvic health. Expresses the sense of Congress as to efforts that such Institutes should undertake, including increasing their research, recruiting established scientists, and developing a national data registry and tissue bank of people suffering from incontinence.","title":"To amend the Public Health Service Act to provide for educational activities and research with respect to women's pelvic floor health through the Centers for Disease Control and Prevention and the National Institutes of Health.","text_len":11327,"sum_len":1432} {"bill_id":"114_s3503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Mobility for Productive \nLivelihoods and Expanding Opportunity Act of 2016'' or the ``EMPLEO \nAct''.\n\nSEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO \n EMPLOYEES.\n\n Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n206(a)) is amended--\n (1) by redesignating paragraphs (2) through (4) as \n paragraphs (3) through (5), respectively; and\n (2) by inserting after paragraph (1) the following:\n ``(2) if such employee is an eligible Puerto Rico employee, \n as defined in section 6433(c) of the Internal Revenue Code of \n 1986, who receives a qualified wage subsidy payment under \n section 6433 of such Code from a participating employer, $5.00 \n an hour (as determined without regard to the qualified wage \n subsidy payment);''.\n\nSEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS.\n\n (a) In General.--Subchapter B of chapter 65 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new section:\n\n``SEC. 6433. WAGE SUBSIDY FOR PUERTO RICO WORKERS.\n\n ``(a) In General.--In the case of a participating employer which \nmakes qualified wage subsidy payments to eligible Puerto Rico \nemployees, such participating employer shall be treated for purposes of \nthis title as having paid to the Secretary, on the date any such \nqualified wage subsidy payment is paid, payroll taxes in an amount \nequal to such wage subsidy payment.\n ``(b) Participating Employer.--\n ``(1) In general.--For purposes of this section, the term \n `participating employer' means an employer which--\n ``(A) elects the application of this section,\n ``(B) makes qualified wage subsidy payments to all \n eligible Puerto Rico employees of such employer,\n ``(C) provides to each eligible Puerto Rico \n employee (in such form and manner as the Secretary \n shall by regulations prescribe) information about the \n amount of qualified wage subsidy payments paid to such \n employee at the time such payments are made, and\n ``(D) in the case of an employer which elects to \n receive an advance payment under subsection (g), \n provides to the Secretary the information described in \n paragraph (2) not later than 30 days before the \n beginning of the applicable period.\n ``(2) Information required.--The information required under \n this paragraph is the following:\n ``(A) An estimate of the number of workers who will \n be employed by the participating employer for the \n applicable period.\n ``(B) An estimate of the payroll taxes (determined \n without regard to any increase in tax under section \n 3111 by reason of subsection (g)(2)) that will be paid \n by the participating employer with respect to all \n employees for such applicable period.\n ``(C) An estimate of the number of eligible Puerto \n Rico employees who will be employed by the \n participating employer for such applicable period and \n the hourly rate of pay for each such employee \n (determined without regard to any qualified wage \n subsidy payment).\n ``(D) An estimate of the aggregate amount of \n qualified wage subsidy payments that will be paid by \n such employer to eligible Puerto Rico employees for \n such applicable period.\n ``(3) Failure to make subsidy payments.--For purposes of \n this title (including penalties), the failure by any employer \n which makes an election under paragraph (1)(A) to make any \n qualified wage subsidy payment at the time provided therefor \n shall be treated as the failure at such time to deduct and \n withhold under section 3102 an amount equal to the amount of \n such qualified wage subsidy payment.\n ``(c) Eligible Puerto Rico Employee.--For purposes of this section, \nthe term `eligible Puerto Rico employee' means, with respect to any \ncalendar year, any individual who--\n ``(1) is a citizen of the United States,\n ``(2) has a social security number issued to the individual \n by the Social Security Administration, and\n ``(3) certifies, in such form and manner as provided by the \n Secretary, to the employer that such individual is a resident \n of Puerto Rico and intends to remain a resident of Puerto Rico \n for not less than the next 6 months.\n ``(d) Qualified Wage Subsidy Payment.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified wage subsidy \n payment' means, with respect to any eligible Puerto Rico \n employee for any period, a payment equal to 50 percent of the \n excess (if any) of--\n ``(A) the median hourly wage for Puerto Rico, over\n ``(B) the hourly wage paid to the eligible Puerto \n Rico employee.\n ``(2) Median hourly wage for puerto rico.--For purposes of \n paragraph (1)(A), the median hourly wage for Puerto Rico is--\n ``(A) $10 for calendar years 2017 and 2018, and\n ``(B) for any calendar year beginning after 2018, \n the amount determined by the Bureau of Labor Statistics \n based on the most recent data available as of 30 days \n before the start of such calendar year.\n ``(3) Determination of hourly wage.--For purposes of \n paragraph (1)(B)--\n ``(A) In general.--The hourly wage of any employee \n shall be determined without regard to any qualified \n wage subsidy payment under this section.\n ``(B) Period.--Each hour at which an eligible \n Puerto Rico employee performs services for a different \n rate of pay shall be treated as a separate period.\n ``(C) Salaried employees.--In the case of a \n salaried employee, the hourly wage for such employee \n for any period shall be determined by dividing the \n annual rate of pay for such period by 2,080.\n ``(e) Payroll Taxes.--For purposes of this section, the term \n`payroll taxes' means--\n ``(1) amounts required to be deducted for the payroll \n period under section 3102 (relating to FICA employee taxes), \n and\n ``(2) amounts of the taxes imposed for the payroll period \n under section 3111 (relating to FICA employer taxes).\n ``(f) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Applicable period.--For purposes of this section, the \n term `applicable period' means--\n ``(A) except as provided in subparagraph (B), a \n calendar quarter, and\n ``(B) in the case of any employer which files \n returns for payroll taxes less frequently than \n quarterly, such period as determined by the Secretary \n under regulations.\n ``(2) Wage subsidy payments in excess of payroll tax \n liability.--To the extent that the amount treated as paid under \n subsection (a) exceeds the amount of such person's liability \n for payroll taxes, the Secretary shall credit and refund such \n excess in the same manner as if it were an overpayment of such \n taxes.\n ``(g) Advanced Payments for Certain Participating Employers.--\n ``(1) In general.--In the case of a participating employer \n which elects the application of this subsection, the Secretary \n shall pay to such participating employer, not later than the \n first day of the applicable period, an amount equal to the \n excess of--\n ``(A) the aggregate amount of qualified wage \n subsidy payments for such applicable period (as \n determined based on estimates submitted under \n subsection (b)(2)), exceeds\n ``(B) the aggregate amount of payroll taxes \n (determined without regard to any increase in tax under \n section 3111 by reason of paragraph (2) and based on \n estimates submitted under subsection (b)(2)) for such \n applicable period.\n ``(2) Treatment of payments.--For purposes of this title, \n the amount of taxes imposed under section 3111 on any \n participating employer for any calendar quarter shall be \n increased by an amount equal to any payment made under \n paragraph (1) with respect to such calendar quarter.''.\n (b) Social Security Trust Funds Held Harmless.--In determining the \namount of any amount transferred or appropriated to any fund under the \nSocial Security Act, section 6433 of the Internal Revenue Code of 1986 \nshall not be taken into account.\n (c) Conforming Amendments.--\n (1) Section 1324(b)(2) of title 31, United States Code, is \n amended by striking ``or 6431'' and inserting ``6431, or \n 6433''.\n (2) The table of sections for subchapter B of chapter 65 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new item:\n\n``Sec. 6433. Wage subsidy for Puerto Rico workers.''.\n (d) Other Provisions.--\n (1) Reporting of wage subsidy information.--Section 6051(a) \n of the Internal Revenue Code of 1986 is amended by striking \n ``and'' at the end of paragraph (13), by striking the period at \n the end of paragraph (14) and inserting ``, and'', and by \n inserting after paragraph (14) the following new paragraph:\n ``(15) in the case of an eligible Puerto Rico employee (as \n defined in section 6433), the amount of any qualified wage \n subsidy payment paid to such employee.''.\n (2) Penalty for failure to provide information to \n employees.--Section 6652 of such Code is amended by adding at \n the end the following new subsection:\n ``(o) Failure To Report Wage Subsidy Information to Employees.--In \nthe case of a failure to provide the information required under section \n6433(b)(1)(C) at the time required for providing such information, \nthere shall be paid (upon notice and demand by the Secretary and in the \nsame manner as tax) by the person failing to provide such information, \nan amount equal to $50 for each such failure. In the case of any \nfailure due to negligence or intentional disregard, the preceding \nsentence shall be applied by substituting `$100' for `$50'.''.\n (e) Effective Date.--The amendments made by this section shall \napply to wages paid after December 31, 2016.","summary":"Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act This bill amends the Fair Labor Standards Act of 1938 to require every employer to pay to each of his or her eligible Puerto Rican employees who in any workweek are engaged in commerce and who receive qualified wage subsidy payments minimum wages of $5.00 an hour, determined without regard to those wage subsidy payments. The bill amends the Internal Revenue Code to treat certain employers who make qualified wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to the wage subsidy payment. An ldquo, eligible Puerto Rico employeerdquo. Is any individual who: (1) is a US citizen, (2) has a Social Security number, and (3) certifies to the employer that he or she is a resident of Puerto Rico and intends to remain a resident for at least the next six months. A ldquo, qualified wage subsidy paymentrdquo. Is a payment equal to 50 of the excess of: (1) the median hourly wage for Puerto Rico , over (2) the hourly wage paid to the eligible Puerto Rico employee. The bill sets forth reporting requirements for participating employers and requirements for determining the median hourly wage for Puerto Rico after 2018.","title":"EMPLEO Act","text_len":11218,"sum_len":1270} {"bill_id":"105_s733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Acid Deposition and Ozone Control \nAct of 1997''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1)(A) reducing atmospheric nitrogen oxide will reduce \n acidic deposition, and the serious adverse effects of acidic \n deposition on public health, natural resources, building \n structures, and ecosystems; and\n (B) acidic deposition has been demonstrated to result in \n increased morbidity in fish and severe damage to water bodies \n and forest lands;\n (2)(A) reducing atmospheric nitrogen oxide will provide \n further benefits by decreasing ambient levels of tropospheric \n ozone, fine particulate matter, and regional haze associated \n with poor visibility; and\n (B) such conditions have been demonstrated to result in \n severe threats to public health, including lung irritation, \n increased incidence of asthma and bronchitis, and increased \n human morbidity;\n (3)(A) nitrogen deposition into affected watersheds can \n result in excessive nutrient enrichment leading to algal blooms \n and increased biological oxygen demand; and\n (B) such conditions can lead to increased morbidity in \n marine life and severe degradation of economic and recreational \n opportunities;\n (4) additional reductions in sulfur dioxide beyond levels \n currently required by the Clean Air Act (42 U.S.C. 7401 et \n seq.) will result in decreases in acidic deposition, regional \n haze, and ambient levels of fine particulates;\n (5) the allowance trading program established in the Clean \n Air Act for the reduction of emissions of sulfur dioxide has \n been highly effective at creating cost-effective control \n measures;\n (6) the technology exists to inexpensively reduce sulfur \n dioxide emissions beyond the levels currently required by the \n Clean Air Act;\n (7) the ozone transport region established by the Clean Air \n Act to reduce long-range transport of ozone does not currently \n include all the States necessary to achieve the intended \n reduction; and\n (8) this Act shall support the Environmental Protection \n Agency's stated objective of controlling ground level ozone \n through regional controls, as developed by the Ozone Transport \n Assessment Group and referred to in the January 10, 1997, \n advanced notice of proposed rulemaking for State implementation \n plans under section 110(k)(5) of the Clean Air Act (42 U.S.C. \n 7410(k)(5)).\n (b) Purposes.--The purposes of this Act are--\n (1) to recognize the scientific evidence that emissions of \n nitrogen oxide present a substantial threat to public health \n and the environment;\n (2) to require reductions in the emission of nitrogen \n oxide;\n (3) to recognize that the means exist to cost-effectively \n reduce emissions of sulfur dioxide beyond the levels currently \n required by the Clean Air Act;\n (4) to require reductions in the emission of sulfur \n dioxide;\n (5) to recognize that tropospheric ozone is a regional \n problem;\n (6) to recognize that the single ozone transport region \n created by the Clean Air Act does not currently include all the \n States necessary to adequately address the problem of ozone; \n and\n (7) to amend the Clean Air Act to expand the membership in \n the ozone transport region by using the best currently \n available science to include those States that contribute to \n ozone levels in noncompliance areas within the current single \n ozone transport region.\n\nSEC. 3. CONTROL OF INTERSTATE OZONE AIR POLLUTION.\n\n (a) Additional States.--Section 184(a) of the Clean Air Act (42 \nU.S.C. 7511c(a)) is amended after the first sentence by inserting the \nfollowing: ``The Administrator, using the best available science and \nmodels developed by the Ozone Transport Assessment Group, shall add any \nState to the single ozone transport region that contributed 4 parts per \nbillion or more to ozone via aerial transport to the ozone level of any \nnoncompliant area in the single ozone transport region for any 1 of the \nsecond through tenth worst ozone days that occurred during the previous \n10 years.''.\n (b) Control Measures.--Not later than 18 months after the date of \nenactment of this Act, any control measure adopted under section 184(a) \nof the Clean Air Act (42 U.S.C. 7511c(a)) before the date of enactment \nof this Act shall apply to any State added to the single ozone \ntransport region under the second sentence of section 184(a) of the \nClean Air Act (42 U.S.C. 7511c(a)) after the date of enactment of this \nAct.\n\nSEC. 4. ADDITIONAL NITROGEN OXIDE EMISSIONS REDUCTIONS.\n\n Section 184 of the Clean Air Act (42 U.S.C. 7511c) is amended by \nadding at the end the following:\n ``(e) Additional Emissions Reductions.--\n ``(1) In general.--Not later than 18 months after the date \n of enactment of this subsection, the Administrator shall \n promulgate regulations requiring reductions in the emissions of \n nitrogen oxide and sulfur dioxide in any State added to the \n single ozone transport region under the second sentence of \n subsection (a) to \\1\/3\\ of the 1990 levels by the year 2003.\n ``(2) Affected units.--The regulations shall apply to \n affected units, as defined under section 402.\n ``(3) Allowance program.--The Administrator may establish \n an allowance trading program to carry out this subsection.\n ``(4) Effect on other law.--This subsection shall not \n affect any law (including regulations) that requires a greater \n reduction in emissions of nitrogen oxide or sulfur dioxide than \n is required by this subsection.''.","summary":"Acid Deposition and Ozone Control Act of 1997 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to add to the single ozone transport region any State that contributed at least four parts per billion to ozone via aerial transport to the ozone level of any noncompliant area in the region for any one of the second through tenth worst ozone days that occurred during the previous ten years. Applies to any State so added, not later than 18 months after enactment of this Act, any control measure adopted under the ozone transport regions provisions. Requires the Administrator to promulgate regulations requiring nitrogen oxide and sulfur dioxide emissions reductions in any State added under this Act to one-third of 1990 levels by the year 2003.","title":"Acid Deposition and Ozone Control Act of 1997","text_len":6148,"sum_len":790} {"bill_id":"107_hr542","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Review Panel \nTechnical Amendments Act of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) A vibrant and growing small business sector is critical \n to creating jobs in a dynamic economy.\n (2) Small businesses bear a disproportionate share of \n regulatory costs and burdens.\n (3) Federal agencies must consider the impact of their \n regulations on small businesses early in the rulemaking \n process.\n (4) The Small Business Advocacy Review Panel process that \n was established by the Small Business Regulatory Enforcement \n Fairness Act of 1996 has been effective in allowing small \n businesses to participate in rules that are being developed by \n the Environmental Protection Agency and the Occupational Safety \n and Health Administration.\n (b) Purposes.--The purposes of this Act are the following:\n (1) To provide a forum for the effective participation of \n small businesses in the Federal regulatory process.\n (2) To clarify and strengthen the Small Business Advocacy \n Review Panel process.\n (3) To expand the number of Federal agencies that are \n required to convene Small Business Advocacy Review Panels.\n\nSEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES \n OF RULES PROPOSED BY CERTAIN AGENCIES.\n\n Section 609(b) of title 5, United States Code, is amended to read \nas follows:\n ``(b)(1) Before the publication of an initial regulatory \nflexibility analysis that a covered agency is required to conduct under \nthis chapter, the head of the covered agency shall--\n ``(A) notify the Chief Counsel for Advocacy of the Small \n Business Administration (in this subsection referred to as the \n `Chief Counsel') in writing;\n ``(B) provide the Chief Counsel with information on the \n potential impacts of the proposed rule on small entities and \n the type of small entities that might be affected; and\n ``(C) not later than 30 days after complying with \n subparagraphs (A) and (B)--\n ``(i) with the concurrence of the Chief Counsel, \n identify affected small entity representatives; and\n ``(ii) transmit the information referred to in \n subparagraph (B) to the identified small entity \n representatives for the purposes of obtaining advice \n and recommendations about the potential impacts of the \n draft proposed rule.\n ``(2)(A) Not earlier than 30 days after the covered agency \ntransmits information pursuant to paragraph (1)(C)(ii), the head of the \ncovered agency shall convene a review panel for the draft proposed \nrule. The panel shall consist solely of full-time Federal employees of \nthe office within the covered agency that will be responsible for \ncarrying out the proposed rule, the Office of Information and \nRegulatory Affairs of the Office of Management and Budget, and the \nChief Counsel.\n ``(B) The review panel shall--\n ``(i) review any material the covered agency has prepared \n in connection with this chapter, including any draft proposed \n rule;\n ``(ii) collect advice and recommendations from the small \n entity representatives identified under paragraph (1)(C)(i) on \n issues related to paragraphs (3), (4), and (5) of section \n 603(b) and section 603(c); and\n ``(iii) allow any small entity representative identified \n under paragraph (1)(C)(i) to make an oral presentation to the \n panel, if requested.\n ``(C) Not later than 60 days after the date a covered agency \nconvenes a review panel pursuant to this paragraph, the review panel \nshall report to the head of the covered agency on--\n ``(i) the comments received from the small entity \n representatives identified under paragraph (1)(C)(i); and\n ``(ii) its findings regarding issues related to paragraphs \n (3), (4), and (5) of section 603(b) and section 603(c).\n ``(3) The head of the covered agency shall print in the Federal \nRegister the report of the review panel under paragraph (2)(C), by the \nearlier of--\n ``(A) 120 days after the date the head of the covered \n agency receives the report; or\n ``(B) as part of the publication of the notice of proposed \n rulemaking for the proposed rule.\n ``(4) Where appropriate, the covered agency shall modify the draft \nproposed rule, the initial regulatory flexibility analysis for the \ndraft proposed rule, or the decision on whether an initial regulatory \nflexibility analysis is required for the draft proposed rule.''.\n\nSEC. 4. DEFINITIONS.\n\n Section 609(d) of title 5, United States Code, is amended to read \nas follows:\n ``(d) For the purposes of this section--\n ``(1) the term `covered agency' means the Environmental \n Protection Agency, the Occupational Safety and Health \n Administration of the Department of Labor, and the Internal \n Revenue Service of the Department of the Treasury; and\n ``(2) the term `small entity representative' means a small \n entity, or an individual or organization that represents a \n small entity.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act shall take effect upon the expiration of the 90-day period \nbeginning on the date of the enactment of this Act.","summary":"Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking.","title":"To amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, and for other purposes.","text_len":5662,"sum_len":489} {"bill_id":"105_hr2588","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Security and Enforcement Act \nof 1997''.\n\nSEC. 2. ESTABLISHMENT OF OFFICE.\n\n (a) In General.--There is established in the Department of Justice \nan office to be known as the Office of Enforcement and Border Affairs.\n (b) Director.--The head of the Office of Enforcement and Border \nAffairs shall be the Director of the Office of Enforcement and Border \nAffairs, who--\n (1) shall be appointed by the President, by and with the \n advice and consent of the Senate; and\n (2) shall report directly to the Attorney General.\n (c) Compensation.--The Director shall be paid at the rate of basic \npay payable for level III of the Executive Schedule.\n (d) Functions.--The Director shall perform such functions as are \ntransferred to the Director by this Act or otherwise vested in the \nDirector by law.\n\nSEC. 3. TRANSFER OF FUNCTIONS.\n\n There are transferred from the Commissioner of the Immigration and \nNaturalization Service to the Director all functions performed under \nthe following programs, and all personnel, infrastructure, and funding \nprovided to the Commissioner in support of such programs immediately \nbefore the effective date of this Act:\n (1) The Border Patrol program.\n (2) The detention and deportation program.\n (3) The intelligence program.\n (4) The investigations program.\n (5) The inspections program.\n\nSEC. 4. REFERENCES.\n\n With respect to any function transferred by this Act and exercised \non or after the effective date of this Act, reference in any other \nFederal law, Executive order, rule, regulation, or delegation of \nauthority, or any document of or pertaining to an office from which a \nfunction is transferred by this Act--\n (1) to the head of such office is deemed to refer to the \n head of the office to which such function is transferred; or\n (2) to such office is deemed to refer to the office to \n which such function is transferred.\n\nSEC. 5. EXERCISE OF AUTHORITIES.\n\n Except as otherwise provided by law, a Federal official to whom a \nfunction is transferred by this Act may, for purposes of performing the \nfunction, exercise all authorities under any other provision of law \nthat were available with respect to the performance of that function to \nthe official responsible for the performance of the function \nimmediately before the effective date of the transfer of the function \nunder this Act.\n\nSEC. 6. SAVINGS PROVISIONS.\n\n (a) Legal Documents.--All orders, determinations, rules, \nregulations, permits, grants, loans, contracts, agreements, \ncertificates, licenses, and privileges--\n (1) that have been issued, made, granted, or allowed to \n become effective by the President, the Attorney General, the \n Commissioner of the Immigration and Naturalization Service, the \n Assistant Commissioner for Border Patrol, the Assistant \n Commissioner for Detention and Deportation, the Assistant \n Commissioner for Intelligence, the Assistant Commissioner for \n Investigations, or any other Government official, or by a court \n of competent jurisdiction, in the performance of any function \n that is transferred by this Act; and\n (2) that are in effect on the effective date of such \n transfer (or become effective after such date pursuant to their \n terms as in effect on such effective date);\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, any other authorized official, a court of competent \njurisdiction, or operation of law.\n (b) Proceedings.--This Act shall not affect any proceedings or any \napplication for any benefits, service, license, permit, certificate, or \nfinancial assistance pending on the date of the enactment of this Act \nbefore an office whose functions are transferred by this Act, but such \nproceedings and applications shall be continued. Orders shall be issued \nin such proceedings, appeals shall be taken therefrom, and payments \nshall be made pursuant to such orders, as if this Act had not been \nenacted, and orders issued in any such proceeding shall continue in \neffect until modified, terminated, superseded, or revoked by a duly \nauthorized official, by a court of competent jurisdiction, or by \noperation of law. Nothing in this subsection shall be considered to \nprohibit the discontinuance or modification of any such proceeding \nunder the same terms and conditions and to the same extent that such \nproceeding could have been discontinued or modified if this Act had not \nbeen enacted.\n (c) Suits.--This Act shall not affect suits commenced before the \ndate of the enactment of this Act, and in all such suits, proceeding \nshall be had, appeals taken, and judgments rendered in the same manner \nand with the same effect as if this Act had not been enacted.\n (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced by or against the Department of Justice or the Immigration \nand Naturalization Service, or by or against any individual in the \nofficial capacity of such individual as an officer or employee in \nconnection with a function transferred by this Act, shall abate by \nreason of the enactment of this Act.\n (e) Continuance of Suits.--If any Government officer in the \nofficial capacity of such officer is party to a suit with respect to a \nfunction of the officer, and under this Act such function is \ntransferred to any other officer or office, then such suit shall be \ncontinued with the other officer or the head of such other office, as \napplicable, substituted or added as a party.\n (f) Administrative Procedure and Judicial Review.--Except as \notherwise provided by this Act, any statutory requirements relating to \nnotice, hearings, action upon the record, or administrative or judicial \nreview that apply to any function transferred by this Act shall apply \nto the exercise of such function by the head of the office, and other \nofficers of the office, to which such function is transferred by this \nAct.\n\nSEC. 7. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.\n\n (a) In General.--The personnel of the Department of Justice \nemployed in connection with the functions transferred by this Act, and \nthe assets, liabilities, contracts, property, records, and unexpended \nbalance of appropriations, authorizations, allocations, and other \nfunds employed, held, used, arising from, available to, or to be made \navailable to the Immigration and Naturalization Service in connection \nwith the functions transferred by this Act, subject to section 202 of \nthe Budget and Accounting Procedures Act of 1950, shall be transferred \nto the Office of Enforcement and Border Affairs for appropriate \nallocation by the Director. Unexpended funds transferred pursuant to \nthis subsection shall be used only for the purposes for which the funds \nwere originally authorized and appropriated.\n (b) Effect on Personnel.--\n (1) In general.--The transfer under this Act of full-time \n personnel (except special Government employees) and part-time \n personnel holding permanent positions shall not cause any such \n employee to be separated or reduced in grade or compensation \n for 1 year after the date of transfer to the Office of \n Enforcement and Border Affairs.\n (2) Executive schedule.--Any person who, on the day \n preceding the effective date of this Act, held a position \n compensated in accordance with the Executive Schedule \n prescribed in chapter 53 of title 5, United States Code, and \n who, without a break in service, is appointed in the Office of \n Enforcement and Border Affairs to a position having duties \n comparable to the duties performed immediately preceding such \n appointment shall continue to be compensated in such new \n position at not less than the rate provided for such previous \n position, for the duration of the service of such person in \n such new position.\n\nSEC. 8. DELEGATION AND ASSIGNMENT.\n\n Except as otherwise expressly prohibited by law or otherwise \nprovided in this Act, an official to whom functions are transferred \nunder this Act (including the head of any office to which functions are \ntransferred under this Act) may delegate any of the functions so \ntransferred to such officers and employees of the office of the \nofficial as the official may designate, and may authorize successive \nredelegations of such functions as may be necessary or appropriate. No \ndelegation of functions under this section or under any other provision \nof this Act shall relieve the official to whom a function is \ntransferred under this Act of responsibility for the administration of \nthe function.\n\nSEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET \n WITH RESPECT TO FUNCTIONS TRANSFERRED.\n\n (a) Determinations.--If necessary, the Director of the Office of \nManagement and Budget shall make any determination of the functions \nthat are transferred under this Act.\n (b) Incidental Transfers.--The Director of the Office of Management \nand Budget, at such time or times as the Director shall provide, may \nmake such determinations as may be necessary with regard to the \nfunctions transferred by this Act, and to make such additional \nincidental dispositions of personnel, assets, liabilities, grants, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds held, \nused, arising from, available to, or to be made available in connection \nwith such functions, as may be necessary to carry out the provisions of \nthis Act. The Director shall provide for such further measures and \ndispositions as may be necessary to effectuate the purposes of this \nAct.\n\nSEC. 10. DEFINITIONS.\n\n For purposes of this Act:\n (1) Except as otherwise provided, the term ``Director'' \n means the Director of the Office of Enforcement and Border \n Affairs.\n (2) The term ``function'' includes any duty, obligation, \n power, authority, responsibility, right, privilege, activity, \n or program.\n (3) The term ``office'' includes any office, \n administration, agency, bureau, institute, council, unit, \n organizational entity, or component thereof.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act shall take effect on October 1, 1999.","summary":"Border Security and Enforcement Act of 1997 - Establishes in the Department of Justice (DOJ) the Office of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program, (2) the detention and deportation program, (3) the intelligence program, (4) the investigations program. And (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Office, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions. And (2) delegation and assignment and authority of the Director of the Office of Management and Budget regarding functions transferred.","title":"Border Security and Enforcement Act of 1997","text_len":10662,"sum_len":971} {"bill_id":"109_hr1661","text":"SECTION 1. PURPOSE.\n\n The purpose of this Act is to increase telecommunications ownership \nopportunities for small businesses, including small businesses owned or \ncontrolled by socially disadvantaged individuals, through Small \nBusiness Administration participation in a market-oriented \nrestructuring of the credit aspects of Federal Communications \nCommission telecommunications spectrum auctions.\n\nSEC. 2. ASSOCIATE ADMINISTRATOR FOR TELECOMMUNICATIONS FINANCE.\n\n (a) In General.--Section 4(b)(1) of the Small Business Act (15 \nU.S.C. 633(b)(1)) is amended--\n (1) in the fifth sentence, by striking ``five'' and \n inserting ``six''; and\n (2) by adding at the end the following new sentence: ``One \n of the Associate Administrators shall be designated at the time \n of appointment as the Associate Administrator for \n Telecommunications Finance and shall have the qualifications \n and responsibilities specified in subsection (g).''.\n (b) Qualifications and Responsibilities.--Section 4 of the Small \nBusiness Act (15 U.S.C. 633) is amended by adding at the end the \nfollowing new subsection:\n ``(g) Associate Administrator for Telecommunications Finance.--\n ``(1) In general.--The Associate Administrator for \n Telecommunications Finance--\n ``(A) shall be an employee in the competitive \n service or in the Senior Executive Service and a career \n appointee;\n ``(B) shall be responsible to the Administrator for \n the supervision and management of financing in the area \n of telecommunications, including the programs and other \n activities under section 38 and section 39;\n ``(C) shall establish, with respect to \n telecommunications concerns, the detailed definitions \n or standards referred to in section 3(a)(2);\n ``(D) shall have authority--\n ``(i) to prescribe maximum amounts for loan \n guarantees under any program under section 38 \n or 39;\n ``(ii) to approve all loan guarantees in \n telecommunications; and\n ``(iii) to approve all direct loans under \n section 38(a)(1); and\n ``(E) in addition to any other duties under this \n Act, shall have authority to approve loan guarantees \n under section 7(a) with respect to Federal \n Communications Commission spectrum licenses acquired in \n the secondary market.\n ``(2) Neutrality in choice of program by applicant for loan \n or loan guarantee.--In the administration of the \n Telecommunications Spectrum Installment Loan Program under \n section 38 and the Telecommunications Accelerated Certified \n Lender Program under section 39, the Associate Administrator \n for Telecommunications Finance shall observe strict neutrality \n as to the choice that a potential applicant may make as to the \n appropriateness of a program for the applicant. The choice of \n one program over the other shall be solely that of the \n applicant and the Associate Administrator shall neither \n encourage nor discourage any applicant in that choice.''.\n\nSEC. 3. SMALL BUSINESS ADMINISTRATION FINANCING FOR ENTREPRENEUR \n PARTICIPATION IN TELECOMMUNICATIONS SPECTRUM AUCTIONS \n CONDUCTED BY FEDERAL COMMUNICATIONS COMMISSION.\n\n The Small Business Act (15 U.S.C. 631 et seq.) is amended--\n (1) by redesignating section 37 as section 40; and\n (2) by inserting after section 36 the following new \n sections:\n\n``SEC. 37. TELECOMMUNICATIONS FINANCE OFFICE.\n\n ``(a) In General.--There is established, within the Administration, \nan office to perform functions relating to the policies and programs of \nthe Administration with respect to financing in the area of \ntelecommunications. The office--\n ``(1) shall be known as the `Telecommunications Finance \n Office';\n ``(2) shall be headed by the Associate Administrator for \n Telecommunications Finance under section 4(g);\n ``(3) shall be staffed by employees who are from diverse \n backgrounds and who are highly skilled in the areas of \n telecommunications technology and telecommunications financing; \n and\n ``(4) shall be the principal entity within the \n Administration for implementation of the programs under \n sections 38 and 39.\n ``(b) Funding.--The expenses of the Telecommunications Finance \nOffice shall be paid from the Telecommunications Loan Guarantee Fund, \nestablished under section 715 of the Communications Act of 1934.\n\n``SEC. 38. TELECOMMUNICATIONS SPECTRUM INSTALLMENT LOAN PROGRAM.\n\n ``(a) In General.--There is established a program, to be known as \nthe `Telecommunications Spectrum Installment Loan Program', under which \nthe Administrator--\n ``(1) shall make direct loans to qualified \n telecommunications borrowers for acquisition of spectrum \n licenses through Federal Communications Commission auction; and\n ``(2) shall guarantee loans to qualified telecommunications \n borrowers for telecommunications equipment and working capital \n in connection with any acquisition referred to in paragraph \n (1).\n ``(b) Direct Loan Conditions.--\n ``(1) Limitation on disbursement.--The Administrator may \n not disburse any loan amount under subsection (a)(1) if the \n cost of the license involved exceeds the approved loan amount \n plus, as determined by the Administrator, cash available to the \n applicant for the purpose of paying the difference between the \n approved loan amount and the cost of the license.\n ``(2) Interest at market rate.--The rate of interest on a \n loan shall be the prime interest rate or such other competitive \n market rate as the Administrator determines to be appropriate.\n ``(3) Interest-only period.--The Administrator, in \n accordance with criteria established by regulation, may \n provide, on a case-by-case basis, for an initial period during \n which a borrower under subsection (a)(1) shall pay interest \n only. In the case of such a determination, loan principal shall \n be amortized over the remainder of the loan term. The maximum \n interest-only period under this paragraph is 6 years.\n ``(4) Maximum loan term.--The term of any loan under \n subsection (a)(1) may not exceed the term of the spectrum \n license involved.\n ``(c) Loan Guarantee Condition.--The Administrator may make loan \nguarantees under subsection (a)(2) to a borrower under subsection \n(a)(1) only for telecommunications equipment and working capital \nnecessary to carry out the terms of the license to be financed.\n ``(d) Security Interest and Forced Sale Conditions for Direct Loans \nand Loan Guarantees.--The Administrator shall require, as a condition \nof any direct loan under subsection (a)(1) and any loan guarantee under \nsubsection (a)(2), that--\n ``(1) any disbursement of a loan amount be fully protected \n by a secured interest in the proceeds of a sale or other \n assignment of the license involved; and\n ``(2) the loan agreement contain specific measures by \n which, in the case of a default by the borrower, the lender may \n require the borrower to sell or otherwise assign the license.\n ``(e) General Applicability; Waiver Exception.--Loans and loan \nguarantees under this section shall be subject to all otherwise \napplicable provisions of this Act, except that the Administrator may \nwaive any limitation on the amount of an individual loan or loan \nguarantee or on the total amount of loans or loan guarantees to a \nsingle borrower.\n ``(f) Treasury Account.--The Administrator shall notify the \nSecretary of the Treasury of each loan transaction entered into under \nsubsection (a)(1). Upon receipt of notice under the preceding sentence, \nthe Secretary shall establish an account in the Treasury for the loan.\n ``(g) Definitions.--As used in this section--\n ``(1) the term `qualified telecommunications borrower' \n means a small business concern that, as determined by the \n Administrator, has, in addition to the other requirements of \n this Act, a level of specialized telecommunications expertise \n (including technical knowledge, business skill, and management \n experience) that is appropriate for the purpose for which the \n loan or guarantee involved is made; and\n ``(2) the term `Administrator' means the Administrator, \n acting through the Associate Administrator for \n Telecommunications Finance.\n ``(h) Collection of Data.--The Administrator shall collect data \nwith respect to the operation of the program under this section. The \ndata so collected--\n ``(1) shall be accumulated on a calendar year basis;\n ``(2) shall be maintained in an electronic database;\n ``(3) shall include information on the ethnicity, race, and \n sex of all applicants, whether the applications involved are \n approved, denied, withdrawn, or otherwise disposed of; and\n ``(4) shall include other information that, as determined \n by the Administrator, is relevant to the disposition of \n applications.\n ``(i) Report.--Not later than December 31 of each year, the \nAdministrator shall submit to the Congress a report, with respect to \nthe preceding calendar year, of the status of the program under this \nsection. The report shall include--\n ``(1) a statistical analysis (without personal identifying \n information) of the diversity characteristics of applicants and \n borrowers under the program; and\n ``(2) a probability analysis with respect to the diversity \n of applicants who receive loans under the program.\n\n``SEC. 39. TELECOMMUNICATIONS ACCELERATED CERTIFIED LENDER PROGRAM.\n\n ``(a) In General.--There is established a program, to be known as \nthe `Telecommunications Accelerated Certified Lender Program', under \nwhich the Administrator--\n ``(1) shall guarantee loans made to qualified \n telecommunications borrowers--\n ``(A) for acquisition of spectrum licenses through \n Federal Communications Commission auction; and\n ``(B) for acquisition of spectrum licenses in the \n secondary market for licenses originally acquired \n through Federal Communications Commission auction; and\n ``(2) shall guarantee loans made to qualified \n telecommunications borrowers for telecommunications equipment \n and working capital in connection with any acquisition referred \n to in paragraph (1).\n ``(b) Funding.--The expenses of loan guarantees under subsection \n(a) shall be paid from the Telecommunications Loan Guarantee Fund, \nestablished under section 715 of the Communications Act of 1934.\n ``(c) Approved Lenders.--Loans guaranteed under this section shall \nbe made by lenders that are insured depositary institutions and are \napproved by the Administrator. In evaluating an institution for \napproval, the Administrator shall take into consideration the financial \nstability of the institution, the experience and expertise of the \ninstitution in lending to telecommunications borrowers, and the need \nfor diversity in the management and ownership of approved institutions.\n ``(d) Loan Guarantee Conditions.--\n ``(1) Limitation on disbursement.--The Administrator shall \n require, as a condition of any loan guarantee under subsection \n (a)(1), that the lender may not disburse any loan amount if the \n cost of the license involved exceeds the approved loan amount \n plus, as determined by the Administrator, cash available to the \n applicant for the purpose of paying the difference between the \n approved loan amount and the cost of the license.\n ``(2) Security interest and forced sale requirements.--The \n Administrator shall require, as a condition of any loan \n guarantee under subsection (a), that--\n ``(A) any disbursement of a loan amount be fully \n protected by a secured interest in the proceeds of a \n sale or other assignment of the license involved; and\n ``(B) the loan agreement contain specific measures \n by which, in the case of a default by the borrower, the \n lender may require the borrower to sell or otherwise \n assign the license.\n ``(e) General Applicability; Waiver Exception.--Loan guarantees \nunder this section shall be subject to all otherwise applicable \nprovisions of this Act, except that the Administrator may waive any \nlimitation on the amount of an individual loan guarantee or on the \ntotal amount of loan guarantees to a single borrower.\n ``(f) Definitions.--As used in this section--\n ``(1) the term `qualified telecommunications borrower' \n means a small business concern that, as determined by the \n Administrator, has, in addition to the other requirements of \n this Act, a level of specialized telecommunications expertise \n (including technical knowledge, business skill, and management \n experience) that is appropriate for the purpose for which the \n loan or guarantee involved is made; and\n ``(2) the term `Administrator' means the Administrator, \n acting through the Associate Administrator for \n Telecommunications Finance.\n ``(g) Collection of Data.--The Administrator shall collect data \nwith respect to the operation of the program under this section. The \ndata so collected--\n ``(1) shall be accumulated on a calendar year basis;\n ``(2) shall be maintained in an electronic database;\n ``(3) shall include information on the ethnicity, race, and \n sex of all applicants, whether the applications involved are \n approved, denied, withdrawn, or otherwise disposed of; and\n ``(4) shall include other information that, as determined \n by the Administrator, is relevant to the disposition of \n applications.\n ``(h) Report.--Not later than December 31 of each year, the \nAdministrator shall submit to the Congress a report, with respect to \nthe preceding calendar year, of the status of the program under this \nsection. The report shall include--\n ``(1) a statistical analysis (without personal identifying \n information) of the diversity characteristics of applicants and \n borrowers under the program; and\n ``(2) a probability analysis with respect to the diversity \n of applicants who receive loans under the program.''.\n\nSEC. 4. TELECOMMUNICATIONS LOAN GUARANTEE FUND.\n\n (a) In General.--Title VII of the Communications Act of 1934 is \namended by inserting after section 714 (42 U.S.C. 614) the following \nnew section:\n\n``SEC. 715. TELECOMMUNICATIONS LOAN GUARANTEE FUND.\n\n ``(a) Establishment.--\n ``(1) In general.--There is hereby established the \n Telecommunications Loan Guarantee Fund (hereafter in this \n section referred to as the `Fund') in the Department of the \n Treasury under the control of the Secretary of the Treasury \n (hereafter in this section referred to as the `Secretary').\n ``(2) Initial capitalization of fund.--The first \n $10,000,000,000 of proceeds received from the auction of \n spectrum licenses by the Federal Communications Commission \n after the date of the enactment of this section shall be \n deposited in the Fund and shall constitute the capitalization \n of the Fund.\n ``(b) Maintenance of Fund.--\n ``(1) In general.--Amounts in the Fund shall be deposited \n by the Secretary in depositaries designated by the Secretary \n which have also been designated by the Telecommunications \n Finance Office of the Small Business Administration as \n certified telecommunications lenders.\n ``(2) Interest.--Interest paid by depositaries on amounts \n deposited in accordance with paragraph (1) shall be deposited \n in the Fund and be available for the purposes of the Fund.\n ``(c) Purpose of Fund.--Amounts in the Fund shall be available to \nmeet any obligation of the Small Business Administration arising under \na loan guarantee issued by the Telecommunications Finance Office of the \nSmall Business Administration in connection with a loan under section \n38(a)(2) or section 39(a) of the Small Business Act.''.\n\nSEC. 5. PARTICIPATION IN SPECTRUM AUCTIONS.\n\n Section 309(j)(5) of the Communications Act of 1934 (47 U.S.C. \n309(j)(5)) is amended--\n (1) by striking ``No person'' and inserting the following:\n ``(A) In general.--No person''; and\n (2) by adding at the end the following:\n ``(B) Qualified telecommunications borrowers.--With \n respect to any person that meets the qualification \n requirements of this paragraph and that is a qualified \n telecommunications borrower under section 38 or 39 of \n the Small Business Act, the Commission shall accept, in \n lieu of any upfront payment or earnest money deposit \n required by Commission regulation, a letter of credit \n provided to such borrower under such section that \n equals or exceeds the amount of such required payment \n or deposit. In any competitive bidding conducted under \n this subsection in which the Commission identifies any \n such qualified telecommunications borrower as the high \n bidder at the time of declaring that the bidding has \n closed, the Commission shall notify the Administrator \n of the Small Business Administration of the identity of \n such bidder, the amount of the high bid, and the total \n amount required to be deposited with the Commission to \n qualify for the award of the license under Commission \n regulations. In the case of a qualified \n telecommunications borrower under section 38, the \n amount of such deposit may be satisfied by debiting the \n loan account of the borrower at the Treasury.''.","summary":"Amends the Small Business Act to establish within the Small Business Administration (SBA) an Associate Administrator for Telecommunications Finance to supervise and manage SBA financing in the area of telecommunications. Authorizes the Associate Administrator to approve SBA loan guarantees with respect to Federal Communications Commission (FCC) spectrum licenses acquired in the secondary market. Establishes a Telecommunications Finance Office. Establishes the Telecommunications Spectrum Installment Loan Program to: (1) make direct loans to qualified telecommunications borrowers (borrowers) for the acquisition of spectrum licenses through FCC auction. And (2) guarantee loans to borrowers for telecommunications equipment and working capital in connection with spectrum license acquisitions. Establishes the Telecommunications Accelerated Certified Lender Program for the guarantee by certified lenders of loans made to borrowers for: (1) the acquisition of spectrum licenses through either FCC auction or the secondary market. And (2) telecommunications equipment and working capital in connection with spectrum license acquisitions. Requires certified lenders to be insured depository institutions approved by the SBA. Amends the Communications Act of 1934 to: (1) establish the Telecommunications Loan Guarantee Fund for financing loans authorized under this Act. And (2) require the FCC, with respect to FCC spectrum auctions, to accept from a borrower a letter of credit in lieu of any upfront payment or other earnest money required by FCC regulation.","title":"To amend the Small Business Act and the Communications Act of 1934 to increase participation by small businesses in spectrum auctions conducted by the Federal Communications Commission.","text_len":19088,"sum_len":1564} {"bill_id":"107_hr308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guam War Claims Review Commission \nAct''.\n\nSEC. 2. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is hereby established a commission to be \nknown as the ``Guam War Claims Review Commission'' (in this Act \nreferred to as the ``Commission'').\n (b) Members.--The Commission shall be composed of five members who \nby virtue of their background and experience are particularly suited to \ncontribute to the achievement of the purposes of the Commission. The \nmembers shall be appointed by the Secretary of the Interior not later \nthan 60 days after funds are made available for this Act. Two of the \nmembers shall be selected as follows:\n (1) One member appointed from a list of three names submitted \n by the Governor of Guam.\n (2) One member appointed from a list of three names submitted \n by the Guam Delegate to the United States House of Representatives.\n (c) Chairperson.--The Commission shall select a Chairman from among \nits members. The term of office shall be for the life of the \nCommission.\n (d) Compensation.--Notwithstanding section 3, members of the \nCommission shall not be paid for their service as members, but in the \nperformance of their duties, shall receive travel expenses, including \nper diem in lieu of subsistence, in accordance with sections 5702 and \n5703 of title 5, United States Code.\n (e) Vacancy.--Any vacancy in the Commission shall be filled in the \nsame manner as the original appointment.\n\nSEC. 3. EMPLOYEES.\n\n The Commission may appoint an executive director and other \nemployees as it may require. The executive director and other employees \nof the Commission may be appointed without regard to the provisions of \ntitle 5, United States Code, governing appointments in the competitive \nservice. Section 3161 of title 5, United States Code, shall apply to \nthe executive director and other employees of the Commission.\n\nSEC. 4. ADMINISTRATIVE.\n\n The Secretary of the Interior shall provide the Commission, on a \nreimbursable basis, such administrative support services as the \nCommission may request.\n\nSEC. 5. DUTIES OF COMMISSION.\n\n The Commission shall--\n (1) review the facts and circumstances surrounding the \n implementation and administration of the Guam Meritorious Claims \n Act and the effectiveness of such Act in addressing the war claims \n of American nationals residing on Guam between December 8, 1941, \n and July 21, 1944;\n (2) review all relevant Federal and Guam territorial laws, \n records of oral testimony previously taken, and documents in Guam \n and the Archives of the Federal Government regarding Federal \n payments of war claims in Guam;\n (3) receive oral testimony of persons who personally \n experienced the taking and occupation of Guam by Japanese military \n forces, noting especially the effects of infliction of death, \n personal injury, forced labor, forced march, and internment;\n (4) determine whether there was parity of war claims paid to \n the residents of Guam under the Guam Meritorious Claims Act as \n compared with awards made to other similarly affected United States \n citizens or nationals in territory occupied by the Imperial \n Japanese military forces during World War II;\n (5) advise on any additional compensation that may be necessary \n to compensate the people of Guam for death, personal injury, forced \n labor, forced march, and internment; and\n (6) not later than 9 months after the Commission is established \n submit a report, including any comments or recommendations for \n action, to the Secretary of the Interior, the Committee on \n Resources and the Committee on the Judiciary of the House of \n Representatives and the Committee on Energy and Natural Resources \n and the Committee on the Judiciary of the Senate.\n\nSEC. 6. POWERS OF THE COMMISSION.\n\n (a) Authority of Chairman.--Subject to general policies that the \nCommission may adopt, the Chairman of the Commission--\n (1) shall exercise the executive and administrative powers of \n the Commission; and\n (2) may delegate such powers to the staff of the Commission.\n (b) Hearings and Sessions.--For the purpose of carrying out its \nduties under section 5, the Commission may hold hearings, sit and act \nat times and places, take testimony, and receive evidence as the \nCommission considers appropriate. The Commission may administer oaths \nor affirmations to witnesses appearing before it.\n (c) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code, but at rates for individuals not to exceed the daily \nequivalent of the maximum annual rate of basic pay for GS-15 of the \nGeneral Schedule. The services of an expert or consultant may be \nprocured without compensation if the expert or consultant agrees to \nsuch an arrangement, in writing, in advance.\n (d) Support of Federal Agencies.--Upon request of the Commission, \nthe head of any Federal department or agency may provide support to the \nCommission to assist it in carrying out its duties under section 5.\n\nSEC. 7. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 30 days after submission of its \nreport under section 5(6).\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $500,000 to carry out this \nAct.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Guam War Claims Review Commission Act - Establishes the Guam War Claims Review Commission to: (1) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act and its effectiveness in addressing the war claims of American nationals residing on Guam between December 8, 1941, and July 21, 1944. (2) determine after review of documents and oral testimony whether there was parity of war claims paid to Guam residents under such Act as compared with awards made to other similarly affected US citizens or nationals in territory occupied by the Japanese during World War II. And (3) advise on any additional compensation that may be necessary to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment. Authorizes appropriations.","title":"To establish the Guam War Claims Review Commission.","text_len":5712,"sum_len":829} {"bill_id":"110_hr3334","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SMA Treatment Acceleration Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Spinal muscular atrophy (SMA) is the number one genetic \n killer of children under the age of 2.\n (2) SMA is an inherited and often fatal disease that \n destroys the nerves controlling voluntary muscle movement, \n which affects crawling, walking, head and neck control, and \n even swallowing.\n (3) It is estimated that SMA occurs in nearly 1 of every \n 6,000 births and is therefore similar in incidence and severity \n to other well-known genetic diseases such as cystic fibrosis \n and Duchenne muscular dystrophy, both of which may also benefit \n from additional focus and progress on SMA.\n (4) SMA is caused by the mutation of a single gene. This is \n extremely advantageous for genetic screening and therapeutic \n development. The gene mutation that causes SMA is carried by \n one in every 40 people, or approximately 7,500,000 Americans. \n Each child of 2 carriers of the mutant gene has a 1 in 4 chance \n of developing SMA.\n (5) The discovery of the gene responsible for the disease, \n SMN1, as well as a disease modifying ``back-up'' SMN2 gene has \n opened the door to new SMA treatments. Modulating genes exist \n not only for SMA but also for other genetic disorders, \n including Duchenne Muscular Dystrophy, Parkinson's, and \n Alzheimer's disease. The modulation of these genes might be \n expected to impact these disorders. Success with SMN2 induction \n for SMA will serve as an important proof of principle and \n impetus for ongoing research in these other conditions.\n (6) Based on the advanced genetic understanding of SMA, the \n disease was selected by the National Institutes of Health (NIH) \n and the National Institute of Neurological Disorders and Stroke \n (NINDS) as the prototype for the National Institutes of \n Health's accelerated drug discovery effort, singling out SMA as \n the disease closest to treatment of more than 600 neurological \n disorders.\n (7) In 2003, the National Institute of Neurological \n Disorders and Stroke (NINDS) established the Spinal Muscular \n Atrophy Project: A Collaborative Program to Accelerate \n Therapeutics Development for SMA. The SMA Project's unique \n collaborative process between private, public, and non-profit \n partners provides a model translational research program that \n can be replicated to accelerate the development of safe and \n effective treatments for a wide variety of disorders.\n (8) National non-profit organizations dedicated to finding \n a treatment and cure for SMA continue to provide substantial \n private funding and are collaborating with private \n biotechnology companies, large pharmaceutical companies, and \n clinical investigators to identify new drug compounds and \n facilitate the rapid translation of promising new therapies to \n individuals with SMA. The aforementioned investment by national \n non-profit organizations towards finding a treatment and cure \n for SMA is approximately equal, on an annual basis, to the \n resources committed by the Federal Government.\n (9) A Food and Drug Administration-approved SMA animal \n model exists that closely mimics the human disease. A number of \n therapeutics have been identified which are effective in animal \n models of spinal muscular atrophy.\n (10) There is an urgent need to provide Federal support \n enabling investigators to mount national clinical trials to \n demonstrate that these treatments are safe and effective for \n SMA patients.\n (11) The establishment and support of a national clinical \n trials network and a data coordinating center will promote \n rigorous patient evaluation using common protocols and allow \n investigators to study large numbers of patients to provide \n answers more rapidly than individual sites acting alone.\n (12) There is a demonstrated need for greater interagency \n coordination on SMA research and involvement by additional \n government partners to support the ongoing work of NINDS on the \n SMA Project as well the work of private SMA voluntary \n organizations, including most notably the need for active \n engagement by the National Institute of Child Health and Human \n Development (NICHD), along with support from the National \n Center for Research Resources, the Centers for Disease Control \n and Prevention, the Food and Drug Administration, and the \n Health Resources and Services Administration\n (13) Despite such landmark legislation as the Orphan Drug \n Act and the Best Pharmaceuticals for Children Act, additional \n incentives for industry to engage early in the drug development \n process and through to drug approval are warranted for diseases \n as severe and devastating in infant and children populations as \n SMA.\n (14) Educating the public and health care community \n throughout the country about this devastating disease is of \n paramount importance and is in every respect in the public \n interest and to the benefit of all communities. Furthermore, \n greater awareness of SMA may lead to the identification of pre-\n symptomatic SMA-afflicted children, which has significant \n benefits relative to clinical trials and the search for a \n treatment and cure.\n\nSEC. 3. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.\n\n (a) Clinical Trials Network.--The Director of NIH, in coordination \nwith the Directors of the National Institute of Neurological Disorders \nand Stroke and the National Institute of Child Health and Human \nDevelopment, shall provide for the upgrading and unification of \nexisting SMA clinical trial sites to establish a national clinical \ntrials network for SMA. The Director of NIH shall ensure that such \nnetwork--\n (1) conducts coordinated, multisite, clinical trials of \n pharmacological approaches to the treatment of SMA; and\n (2) rapidly and efficiently disseminates scientific \n findings to the field.\n (b) Data Coordinating Center.--The Director of NIH, in coordination \nwith the Directors of the National Institute of Neurological Disorders \nand Stroke and the National Institute of Child Health and Human \nDevelopment, shall establish a data coordinating center with respect to \nSMA to--\n (1) provide expert assistance in the design, conduct, data \n analysis, and data management of collaborative clinical and \n descriptive research projects;\n (2) provide appropriate and capable leadership and \n expertise in biostatistics, developmental study design, data \n management, data analysis, and project management, including \n staff and site training and quality assurance procedures;\n (3) provide research support activities in designing data \n collection modules, operational and procedure manuals, quality \n control systems, and a communications system for clinical site \n principal investigators, research coordinators, and other \n network staff;\n (4) organize and conduct multi-site monitoring activities; \n and\n (5) provide regular reports to the National Institute of \n Neurological Disorders and Stroke and the National Institute of \n Child Health and Human Development on enrollment and the \n allocation of resources.\n (c) Pre-Clinical Activities.--The Director of NIH, in coordination \nwith the Directors of the National Institute of Neurological Disorders \nand Stroke and the National Institute of Child Health and Human \nDevelopment, shall expand and intensify programs of such Institutes \nwith respect to pre-clinical translation research and medicinal \nchemistry related to SMA.\n\nSEC. 4. NATIONAL PATIENT REGISTRY.\n\n (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nshall enhance and provide ongoing support to the existing SMA patient \nregistry to provide for expanded research on the epidemiology of SMA.\n (b) Longitudinal Data.--In carrying out subsection (a), the \nSecretary shall ensure the collection and analysis of longitudinal data \nrelated to individuals of all ages with SMA, including infants, young \nchildren, adolescents, and adults of all ages.\n\nSEC. 5. NIH COORDINATING COMMITTEE ON SMA.\n\n (a) Coordinating Committee.--\n (1) In general.--The Secretary shall establish the Spinal \n Muscular Atrophy Coordinating Committee to coordinate \n activities across the National Institutes of Health and with \n other Federal health programs and activities relating to SMA.\n (2) Composition.--The Coordinating Committee shall consist \n of not more than 15 members to be appointed by the Secretary, \n of which--\n (A) 2\/3 of such members shall represent \n governmental agencies, including--\n (i) the Directors (or their designees) of \n the National Institute of Neurological \n Disorders and Stroke, the National Institute of \n Child Health and Human Development, other \n national research institutes involved in \n research with respect to SMA, and the National \n Center for Research Resources;\n (ii) representatives of all other Federal \n departments, agencies, and advisory committees \n whose programs involve health functions or \n responsibilities relevant to SMA, including the \n Centers for Disease Control and Prevention, the \n Health Resources and Services Administration, \n the Food and Drug Administration, and the \n Advisory Committee on Heritable Disorders and \n Genetic Diseases in Newborns and Children; and\n (iii) representatives of other governmental \n agencies that serve children with SMA, such as \n the Department of Education; and\n (B) 1\/3 of such members shall be public members, \n including a broad cross section of persons affected \n with SMA, including parents or legal guardians, \n affected individuals, researchers, and clinicians.\n (3) Term.--Members of the Coordinating Committee appointed \n under paragraph (2)(B) shall be appointed for a term of 3 \n years, and may serve for an unlimited number of terms if \n reappointed.\n (4) Chair.--\n (A) In general.--With respect to SMA, the Chair of \n the Coordinating Committee shall serve as the principal \n advisor to the Secretary, the Assistant Secretary for \n Health, and the Director of NIH, and shall provide \n advice to the Director of the Centers for Disease \n Control and Prevention, the Commissioner of Food and \n Drugs, and to the heads of other relevant agencies.\n (B) Appointment.--The Secretary shall appoint the \n Chair of the Coordinating Committee from among \n individuals nominated by the Coordinating Committee. \n The Chair shall be appointed for a term not to exceed 2 \n years and may be reappointed for not more than 1 \n additional term.\n (5) Administrative support; terms of service; other \n provisions.--The following shall apply with respect to the \n Coordinating Committee:\n (A) The Secretary shall provide the Coordinating \n Committee with necessary and appropriate administrative \n support.\n (B) The Coordinating Committee shall meet as \n determined appropriate by the Secretary, in \n consultation with the Chair of the Coordinating \n Committee, but no less than twice each year.\n (b) Study on Barriers to Drug Development.--\n (1) Study.--The Coordinating Committee shall conduct a \n study to identify current and potential future barriers to the \n development of drugs for treating SMA and other similar genetic \n disorders. Such study shall--\n (A) identify barriers related to the activities of \n government, industry, and academic medicine;\n (B) include substantial input from scientists and \n organizations with direct involvement in SMA research \n and drug development; and\n (C) consider obstacles to drug development at all \n points along the research continuum from preclinical \n research to new drug approval.\n (2) Report to congress.--Not later than 1 year after the \n date of the enactment of this Act, the Coordinating Committee \n shall submit to the Congress a report on the results of the \n study described in paragraph (1) together with such \n recommendations for legislation or administrative action as the \n Coordinating Committee determines appropriate.\n\nSEC. 6. NIH TRANS-INSTITUTE COLLABORATION ON SMA RESEARCH.\n\n (a) In General.--To ensure the success of the SMA Project that was \ninitiated and has been led by National Institute of Neurological \nDisorders and Stroke, the Director of NIH shall establish a trans-\nNational Institutes of Health cooperative research initiative on SMA.\n (b) Duties.--The cooperative research initiative established under \nsubsection (a) shall consist of the following activities:\n (1) The Director of the National Institute of Neurological \n Disorders and Stroke shall report to the Director of NIH on the \n ongoing needs of the SMA Project and required next steps to \n ensure the continued success of the Project.\n (2) Based on the needs of the SMA Project identified in the \n report required by paragraph (1), the Director of the National \n Institute of Child Health and Human Development shall provide \n direct and ongoing support of SMA research and drug \n development.\n (3) The Director of NIH shall identify and promote \n opportunities for greater collaboration and involvement in SMA \n research and drug development by other national research \n institutes.\n\nSEC. 7. DRUG DEVELOPMENT PROMOTION.\n\n Not later than 6 months after the date of the enactment of this \nAct, the Secretary, in direct consultation with the Commissioner of \nFood and Drugs and the Coordinating Committee, shall submit specific \nrecommendations to the Congress to improve and expand on the incentives \nprovided pursuant to the Orphan Drug Act (Public Law 97-414) and \nrelated statutes to directly and indirectly promote SMA drug \ndevelopment, such as through the creation of unique incentives for rare \npediatric treatments.\n\nSEC. 8. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS.\n\n (a) In General.--The Secretary shall establish and implement a \nprogram to provide information and education on SMA to health \nprofessionals and the general public, including information and \neducation on advances in the diagnosis and treatment of SMA and \ntraining and continuing education through programs for scientists, \nphysicians, medical students, and other health professionals who \nprovide care for patients with SMA.\n (b) Stipends.--The Secretary may award stipends to health \nprofessionals who are enrolled in training programs under this section.\n\nSEC. 9. DEFINITIONS.\n\n In this Act:\n (1) The term ``Director of NIH'' means the Director of the \n National Institutes of Health.\n (2) The term ``Coordinating Committee'' means the Spinal \n Muscular Atrophy Coordinating Committee.\n (3) The term ``Secretary'' means the Secretary of Health \n and Human Services.\n (4) The term ``SMA'' means spinal muscular atrophy.","summary":"SMA Treatment Acceleration Act - Requires the Director of the National Institutes of Health (NIH) to upgrade and unify existing spinal muscular atrophy (SMA) clinical trial sites to establish a national clinical trials network for SMA. Requires the Director of NIH to ensure that such network: (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA. And (2) rapidly and effectively disseminates scientific findings to the field. Requires the Director of NIH to: (1) establish an SMA data coordinating center. And (2) expand and intensify NIH programs with respect to preclinical translation research and medicinal chemistry related to SMA. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. Directs the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA. Requires the Secretary to establish the Spinal Muscular Atrophy Coordinating Committee to: (1) coordinate activities across NIH and with other federal health programs and activities relating to SMA. And (2) conduct a study to identify barriers to the development of drugs for treating SMA and similar genetic disorders. Requires the Director of NIH to establish a trans-National Institutes of Health cooperative research initiative on SMA to ensure the success of the SMA projects led by the National Institute of Neurological Disorders and Stroke. Requires the Secretary to submit recommendations to Congress to improve and expand on incentives provided under the Orphan Drug Act and related statutes to promote SMA drug development.","title":"To authorize the Secretary of Health and Human Services to conduct activities to rapidly advance treatments for spinal muscular atrophy, neuromuscular disease, and other pediatric diseases, and for other purposes.","text_len":16906,"sum_len":1827} {"bill_id":"112_hr6712","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Elgin Stafford Mental Illness \nInformation Disclosure Act of 2012'' or ``Elgin's Law''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Mental illness is the leading cause of disability, as \n reflected in lost years of productive life, in North America, \n in Europe, and, increasingly, in the world. By 2020, major \n depressive illness will be the leading cause of disability in \n the world for women and children.\n (2) Mental illnesses strike individuals in the prime of \n their lives, often during adolescence and young adulthood. All \n ages are susceptible, but the young and the old are especially \n vulnerable.\n (3) Without treatment, the consequences of mental illness \n for the individual and society are staggering, including \n unnecessary disability, unemployment, substance abuse, \n homelessness, inappropriate incarceration, suicide, wasted \n lives, and an economic cost of more than $100 billion each year \n in the United States.\n (4) The best treatments for serious mental illnesses today \n are highly effective so that between 70 and 90 percent of \n individuals with serious mental illness have significant \n reduction of symptoms and improved quality of life with a \n combination of pharmacological and psychosocial treatments and \n supports.\n (5) Since early identification and treatment is of vital \n importance in treating mental illness, especially for children \n and young adults, the active, knowledgeable, and sympathetic \n involvement of parents and legal guardians is to be encouraged \n to the maximum extent practicable, consistent with generally \n accepted and established clinical practice.\n\nSEC. 3. DISCLOSURE TO PARENTS AND LEGAL GUARDIANS OF MENTAL ILLNESS \n TREATMENT OF CHILDREN UNDER THE AGE OF 26.\n\n (a) In General.--In the case of a covered individual (as defined in \nsubsection (e)(1)) who is being treated for mental illness by a health \ncare professional, subject to subsection (b), the health care \nprofessional shall disclose to a parent (if any) of the individual such \ninformation regarding the mental illness and treatment for mental \nillness as may be useful for the appropriate involvement of the parent \nwith respect to the treatment.\n (b) Exceptions.--Subsection (a) shall not apply in such exceptional \ncircumstances as the Secretary may provide by regulation where the \ninvolvement of the parent would be counter-productive to the treatment \ninvolved.\n (c) Application of HIPAA Privacy Regulations.--For purposes of \napplying the HIPAA privacy regulations, the disclosure of information \nunder this section shall be treated as a permissible disclosure not \nrequiring the consent of the covered individual involved.\n (d) Publication and Notice on Department Websites.--The Secretary \nshall post information on the requirements of this section on such \nwebsites of the Department of Health and Human Services as may be \nappropriate to inform the public and health care professionals.\n (e) Definitions.--In this section:\n (1) Covered individual.--The term ``covered individual'' \n means an individual who--\n (A) is--\n (i) a minor child;\n (ii) an uninsured adult under the age of \n 26; or\n (iii) an adult under the age of 26 who is \n covered as a dependent under the health \n benefits coverage of a parent; and\n (B) is being treated for mental illness by a health \n care professional.\n (2) Health benefits coverage.--The term ``health benefits \n coverage'' has the meaning given the term ``minimum essential \n coverage'' in section 5000A(f)(1) of the Internal Revenue Code \n of 1986.\n (3) HIPAA privacy regulations.--The term ``HIPAA privacy \n regulations'' has the meaning given the term ``HIPAA privacy \n regulation'' in section 1180(b)(3) of the Social Security Act \n (42 U.S.C. 1320d-9(b)(3)).\n (4) Mental illness.--The term ``mental illness'' means a \n chronic illness such as schizophrenia, schizoaffective \n disorder, bipolar disorder, and major clinical depression, and \n such term includes other conditions contained in the Diagnostic \n and Statistical Manual of Mental Disorders IV published by the \n American Psychiatric Association (or any successor publication \n by such Association).\n (5) Parent.--The term ``parent'' includes a legal guardian.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (7) Uninsured.--An individual shall be treated as uninsured \n if the individual is not covered under any health benefits \n coverage.","summary":"Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual. Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage.","title":"To require the disclosure to parents of information regarding mental illness treatment for their children under the age of 26.","text_len":5133,"sum_len":779} {"bill_id":"109_hr3423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medical Device User Fee \nStabilization Act of 2005''.\n\nSEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.\n\n (a) Device User Fees.--Section 738 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 379j) is amended--\n (1) in subsection (b)--\n (A) after ``2004;'', by inserting ``and''; and\n (B) by striking ``2005;'' and all that follows through \n ``2007'' and inserting ``2005'';\n (2) in subsection (c)--\n (A) by striking the heading and inserting ``Annual Fee \n Setting.--'';\n (B) by striking paragraphs (1), (2), (3), and (4);\n (C) by redesignating paragraphs (5) and (6) as paragraphs \n (1) and (2), respectively;\n (D) in paragraph (1), as so redesignated, by--\n (i) striking the heading and inserting ``In general.--\n '';\n (ii) striking ``establish, for the next fiscal year, \n and'' and all that follows through ``the fees'' and \n inserting ``publish in the Federal Register fees under \n subsection (a). The fees'';\n (iii) striking ``2003'' and inserting ``2006''; and\n (iv) striking ``$154,000.'' and inserting ``$259,600, \n and the fees established for fiscal year 2007 shall be \n based on a premarket application fee of $281,600.''; and\n (E) by adding at the end the following:\n ``(3) Supplement.--\n ``(A) In general.--For fiscal years 2006 and 2007, the \n Secretary may use unobligated carryover balances from fees \n collected in previous fiscal years to ensure that sufficient \n fee revenues are available in that fiscal year, so long as the \n Secretary maintains unobligated carryover balances of not less \n than 1 month of operating reserves for the first month of \n fiscal year 2008.\n ``(B) Notice to congress.--Not later than 14 days before \n the Secretary anticipates the use of funds described in \n subparagraph (A), the Secretary shall provide notice to the \n Committee on Health, Education, Labor, and Pensions and the \n Committee on Appropriations of the Senate and the Committee on \n Energy and Commerce and the Committee on Appropriations of the \n House of Representatives.'';\n (3) in subsection (d)--\n (A) in paragraph (1), by inserting after the first sentence \n the following: ``For the purposes of this paragraph, the term \n `small business' means an entity that reported $30,000,000 or \n less of gross receipts or sales in its most recent Federal \n income tax return for a taxable year, including such returns of \n all of its affiliates, partners, and parent firms.''; and\n (B) in paragraph (2)(A), by--\n (i) striking ``(i) In general.--'';\n (ii) striking ``subsection,'' and inserting \n ``paragraph,'';\n (iii) striking ``$30,000,000'' and inserting \n ``$100,000,000''; and\n (iv) striking clause (ii);\n (4) in subsection (e)(2)(A), by striking ``$30,000,000'' and \n inserting ``$100,000,000'';\n (5) in subsection (g)(1)--\n (A) in subparagraph (B)--\n (i) by striking clause (i) and inserting the following:\n ``(i) For fiscal year 2005, the Secretary is expected \n to meet all of the performance goals identified for the \n fiscal year if the amount so appropriated for such fiscal \n year, excluding the amount of fees appropriated for such \n fiscal year, is equal to or greater than $205,720,000 \n multiplied by the adjustment factor applicable to the \n fiscal year.''; and\n (ii) in clause (ii), by striking the matter preceding \n subclause (I) and inserting the following:\n ``(ii) For fiscal year 2005, if the amount so \n appropriated for such fiscal year, excluding the amount of \n fees appropriated for such fiscal year, is more than 1 \n percent less than the amount that applies under clause (i), \n the following applies:'';\n (B) in subparagraph (C)--\n (i) in the matter preceding clause (i), by--\n\n (I) striking ``2003 through'' and inserting ``2005 \n and''; and\n (II) inserting ``more than 1 percent'' after \n ``years, is''; and\n\n (ii) in clause (ii), by striking ``sum'' and inserting \n ``amount''; and\n (C) in subparagraph (D)(i), by inserting ``more than 1 \n percent'' after ``year, is'';\n (6) in subsection (h)(3)--\n (A) in subparagraph (C), by striking the semicolon and \n inserting ``; and''; and\n (B) by striking subparagraphs (D) and (E) and inserting the \n following:\n ``(D) such sums as may be necessary for each of fiscal \n years 2006 and 2007.''; and\n (7) by striking ``subsection (c)(5)'' each place it appears and \n inserting ``subsection (c)(1)''.\n (b) Annual Reports.--Section 103 of the Medical Device User Fee and \nModernization Act of 2002 (Public Law 107-250 (116 Stat. 1600)) is \namended--\n (1) by striking ``Beginning with'' and inserting ``(a) In \n General.--Beginning with''; and\n (2) by adding at the end the following:\n ``(b) Additional Information.--For fiscal years 2006 and 2007, the \nreport described under subsection (a)(2) shall include--\n ``(1) information on the number of different types of \n applications and notifications, and the total amount of fees paid \n for each such type of application or notification, from businesses \n with gross receipts or sales from $0 to $100,000,000, with such \n businesses categorized in $10,000,000 intervals; and\n ``(2) a certification by the Secretary that the amounts \n appropriated for salaries and expenses of the Food and Drug \n Administration for such fiscal year and obligated by the Secretary \n for the performance of any function relating to devices that is not \n for the process for the review of device applications, as defined \n in paragraph (5) of section 737 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 379i), are not less than such amounts for \n fiscal year 2002 multiplied by the adjustment factor, as defined in \n paragraph (7) of such section 737.''.\n (c) Misbranded Devices.--\n (1) In general.--Section 502(u) of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 352(u)) is amended to read as follows:\n ``(u)(1) Subject to paragraph (2), if it is a reprocessed single-\nuse device, unless it, or an attachment thereto, prominently and \nconspicuously bears the name of the manufacturer of the reprocessed \ndevice, a generally recognized abbreviation of such name, or a unique \nand generally recognized symbol identifying such manufacturer.\n ``(2) If the original device or an attachment thereto does not \nprominently and conspicuously bear the name of the manufacturer of the \noriginal device, a generally recognized abbreviation of such name, or a \nunique and generally recognized symbol identifying such manufacturer, a \nreprocessed device may satisfy the requirements of paragraph (1) \nthrough the use of a detachable label on the packaging that identifies \nthe manufacturer and is intended to be affixed to the medical record of \na patient.''.\n (2) Guidance.--Not later than 180 days after the date of \n enactment of this Act, the Secretary of Health and Human Services \n shall issue guidance to identify circumstances in which the name of \n the manufacturer of the original device, a generally recognized \n abbreviation of such name, or a unique and generally recognized \n symbol identifying such manufacturer, is not ``prominent and \n conspicuous'', as used in section 502(u) of Federal Food, Drug, and \n Cosmetic Act (as amended by paragraph (1)).\n (d) Effective Date.--Section 301(b) of the Medical Device User Fee \nand Modernization Act of 2002 (Public Law 107-250 (116 Stat. 1616)), as \namended by section 2(c) of Public Law 108-214 (118 Stat. 575), is \namended to read as follows:\n ``(b) Effective Date.--Section 502(u) of the Federal Food, Drug, \nand Cosmetic Act (as amended by section 2(c) of the Medical Device User \nFee Stabilization Act of 2005)--\n ``(1) shall be effective--\n ``(A) with respect to devices described under paragraph (1) \n of such section, 12 months after the date of enactment of the \n Medical Device User Fee Stabilization Act of 2005, or the date \n on which the original device first bears the name of the \n manufacturer of the original device, a generally recognized \n abbreviation of such name, or a unique and generally recognized \n symbol identifying such manufacturer, whichever is later; and\n ``(B) with respect to devices described under paragraph (2) \n of such section 502(u), 12 months after such date of enactment; \n and\n ``(2) shall apply only to devices reprocessed and introduced or \n delivered for introduction in interstate commerce after such \n applicable effective date.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Medical Device User Fee Stabilization Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to adjust medical device user fees . Repeals the fee revenue target amounts for FY2006 and FY2007. Eliminates the inflation, workload, compensating, and final year adjustments of revenues used for setting fees. Sets the premarket application fee for devices for FY2006 and FY2007. Allows the Secretary of Health and Human Services to use unobligated carryover balances from fees collected in previous fiscal years with notice to the appropriate congressional committees. Increases the annual gross receipts or sales threshold below which businesses are eligible for reduced fees or a waiver of fees by the Secretary. Removes the prohibition against the Secretary assessing fees unless certain cumulative fee revenues were met for FY2003 through 2006. Requires the Secretary to include in annual reports to Congress: (1) information on the number and total amount of fees paid for each different type of application or notification from small businesses. And (2) a certification that the amounts obligated for the performance of functions other than the review of device applications is not less than such amount for FY2002 multiplied by the adjustment factor. Deems as branded any reprocessed single use device unless it identifies the manufacturer, but allows such information to be provided by a detachable label intended to be affixed to the medical record of a patient.","title":"To amend the Federal Food, Drug, and Cosmetic Act with respect to medical device user fees.","text_len":9696,"sum_len":1473} {"bill_id":"108_s120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marriage Penalty Relief Act of \n2003''.\n\nSEC. 2. ACCELERATION OF MARRIAGE PENALTY RELIEF PROVISIONS.\n\n (a) Elimination of Marriage Penalty in Standard Deduction.--\n (1) In general.--Paragraph (2) of section 63(c) of the \n Internal Revenue Code of 1986 (relating to standard deduction) \n is amended--\n (A) by striking ``$5,000'' in subparagraph (A) and \n inserting ``200 percent of the dollar amount in effect \n under subparagraph (C) for the taxable year'';\n (B) by adding ``or'' at the end of subparagraph \n (B);\n (C) by striking ``in the case of'' and all that \n follows in subparagraph (C) and inserting ``in any \n other case.''; and\n (D) by striking subparagraph (D).\n (2) Technical amendments.--\n (A) Subparagraph (B) of section 1(f)(6) of such \n Code is amended by striking ``(other than with'' and \n all that follows through ``shall be applied'' and \n inserting ``(other than with respect to sections \n 63(c)(4) and 151(d)(4)(A)) shall be applied''.\n (B) Paragraph (4) of section 63(c) of such Code is \n amended by adding at the end the following flush \n sentence:\n ``The preceding sentence shall not apply to the amount referred \n to in paragraph (2)(A).''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2002.\n (b) Elimination of Marriage Penalty in 15-Percent Bracket.--\n (1) In general.--Section 1(f) of the Internal Revenue Code \n of 1986 (relating to adjustments in tax tables so that \n inflation will not result in tax increases) is amended by \n adding at the end the following new paragraph:\n ``(8) Elimination of marriage penalty in 15-percent \n bracket.--\n ``(A) In general.--With respect to taxable years \n beginning after December 31, 2002, in prescribing the \n tables under paragraph (1)--\n ``(i) the maximum taxable income in the 15-\n percent rate bracket in the table contained in \n subsection (a) (and the minimum taxable income \n in the next higher taxable income bracket in \n such table) shall be 200 percent of the maximum \n taxable income in the 15-percent rate bracket \n in the table contained in subsection (c) (after \n any other adjustment under this subsection), \n and\n ``(ii) the comparable taxable income \n amounts in the table contained in subsection \n (d) shall be \\1\/2\\ of the amounts determined \n under clause (i).\n ``(B) Rounding.--If any amount determined under \n subparagraph (A)(i) is not a multiple of $50, such \n amount shall be rounded to the next lowest multiple of \n $50.''.\n (2) Technical amendments.--\n (A) Subparagraph (A) of section 1(f)(2) of such \n Code is amended by inserting ``except as provided in \n paragraph (8),'' before ``by increasing''.\n (B) The heading for subsection (f) of section 1 is \n amended by inserting ``Elimination of Marriage Penalty \n in 15-Percent Bracket;'' before ``Adjustments''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2002.\n (c) Marriage Penalty Relief for Earned Income Credit.--\n (1) Increased phaseout amount.--\n (A) In general.--Section 32(b)(2)(B) of the \n Internal Revenue Code of 1986 (relating to amounts) is \n amended by striking ```increased by--'' and all that \n follows and inserting ``increased by $3,000.''.\n (B) Inflation adjustment.--Paragraph (1)(B)(ii) of \n section 32(j) of such Code (relating to inflation \n adjustments) is amended to read as follows:\n ``(ii) in the case of the $3,000 amount in \n subsection (b)(2)(B), by substituting `calendar \n year 2003' for `calendar year 1992' in \n subparagraph (B) of such section 1.''.\n (C) Effective date.--The amendments made by this \n paragraph shall apply to taxable years beginning after \n December 31, 2002.\n (2) Expansion of mathematical error authority.--\n (A) In general.--Paragraph (2) of section 6213(g) \n of such Code is amended by striking ``and'' at the end \n of subparagraph (K), by striking the period at the end \n of subparagraph (L) and inserting ``, and'', and by \n inserting after subparagraph (L) the following new \n subparagraph:\n ``(M) the entry on the return claiming the credit \n under section 32 with respect to a child if, according \n to the Federal Case Registry of Child Support Orders \n established under section 453(h) of the Social Security \n Act, the taxpayer is a noncustodial parent of such \n child.''.\n (B) Effective date.--The amendment made by this \n paragraph shall take effect on January 1, 2003.\n (d) Conforming Amendments.--\n (1) Repeal of amendments.--Sections 301, 302, and 303(g) of \n the Economic Growth and Tax Relief Reconciliation Act of 2001 \n are repealed.\n (2) Repeal of sunset.--Title IX of the Economic Growth and \n Tax Relief Reconciliation Act of 2001 (relating to sunset of \n provisions of such Act) shall not apply to section 303 (other \n than subsection (g) of such section) of such Act (relating to \n marriage penalty relief).","summary":"Marriage Penalty Relief Act of 2003 - Amends the Internal Revenue Code (IRC) to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married. Makes the maximum taxable income in the lowest joint bracket equal to double the maximum taxable income in the lowest single filer bracket. Increases the earned income credit phaseout amount on a joint return by $3,000.","title":"A bill to eliminate the marriage tax penalty permanently in 2003.","text_len":6466,"sum_len":447} {"bill_id":"112_hr3582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pro-Growth Budgeting Act of 2012''.\n\nSEC. 2. MACROECONOMIC IMPACT ANALYSES.\n\n (a) In General.--Part A of title IV of the Congressional Budget Act \nof 1974 is amended by adding at the end the following new section:\n\n ``macroeconomic impact analysis of major legislation\n\n ``Sec. 407. (a) Congressional Budget Office.--The Congressional \nBudget Office shall, to the extent practicable, prepare for each major \nbill or resolution reported by any committee of the House of \nRepresentatives or the Senate (except the Committee on Appropriations \nof each House), as a supplement to estimates prepared under section \n402, a macroeconomic impact analysis of the budgetary effects of such \nbill or resolution for the ten fiscal-year period beginning with the \nfirst fiscal year for which an estimate was prepared under section 402 \nand each of the next three ten fiscal-year periods. Such estimate shall \nbe predicated upon the supplemental projection described in section \n202(e)(4). The Director shall submit to such committee the \nmacroeconomic impact analysis, together with the basis for the \nanalysis. As a supplement to estimates prepared under section 402, all \nsuch information so submitted shall be included in the report \naccompanying such bill or resolution.\n ``(b) Economic Impact.--The analysis prepared under subsection (a) \nshall describe the potential economic impact of the applicable major \nbill or resolution on major economic variables, including real gross \ndomestic product, business investment, the capital stock, employment, \ninterest rates, and labor supply. The analysis shall also describe the \npotential fiscal effects of the bill or resolution, including any \nestimates of revenue increases or decreases resulting from changes in \ngross domestic product. To the extent practicable, the analysis should \nuse a variety of economic models in order to reflect the full range of \npossible economic outcomes resulting from the bill or resolution. The \nanalysis (or a technical appendix to the analysis) shall specify the \neconomic and econometric models used, sources of data, relevant data \ntransformations, and shall include such explanation as is necessary to \nmake the models comprehensible to academic and public policy analysts.\n ``(c) Definitions.--As used in this section--\n ``(1) the term `macroeconomic impact analysis' means--\n ``(A) an estimate of the changes in economic \n output, employment, interest rates, capital stock, and \n tax revenues expected to result from enactment of the \n proposal;\n ``(B) an estimate of revenue feedback expected to \n result from enactment of the proposal; and\n ``(C) a statement identifying the critical \n assumptions and the source of data underlying that \n estimate;\n ``(2) the term `major bill or resolution' means any bill or \n resolution if the gross budgetary effects of such bill or \n resolution for any fiscal year in the period for which an \n estimate is prepared under section 402 is estimated to be \n greater than .25 percent of the current projected gross \n domestic product of the United States for any such fiscal year;\n ``(3) the term `budgetary effect', when applied to a major \n bill or resolution, means the changes in revenues, outlays, \n deficits, and debt resulting from that measure; and\n ``(4) the term `revenue feedback' means changes in revenue \n resulting from changes in economic growth as the result of the \n enactment of any major bill or resolution.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget Act of 1974 is amended by \ninserting after the item relating to section 406 the following new \nitem:\n\n``Sec. 407. Macroeconomic impact analysis of major legislation.''.\n\nSEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES.\n\n Section 202(e) of the Congressional Budget Act of 1974 is amended \nby adding at the end the following new paragraphs:\n ``(4)(A) After the President's budget submission under \n section 1105(a) of title 31, United States Code, in addition to \n the baseline projections, the Director shall submit to the \n Committees on the Budget of the House of Representatives and \n the Senate a supplemental projection assuming extension of \n current tax policy for the fiscal year commencing on October 1 \n of that year with a supplemental projection for the 10 fiscal-\n year period beginning with that fiscal year, assuming the \n extension of current tax policy.\n ``(B) For the purposes of this paragraph, the term `current \n tax policy' means the tax policy in statute as of December 31 \n of the current year assuming--\n ``(i) the budgetary effects of measures extending \n the Economic Growth and Tax Relief Reconciliation Act \n of 2001;\n ``(ii) the budgetary effects of measures extending \n the Jobs and Growth Tax Relief Reconciliation Act of \n 2003;\n ``(iii) the continued application of the \n alternative minimum tax as in effect for taxable years \n beginning in 2011 pursuant to title II of the Tax \n Relief, Unemployment Insurance Reauthorization, and Job \n Creation Act of 2010, assuming that for taxable years \n beginning after 2011 the exemption amount shall equal--\n ``(I) the exemption amount for taxable \n years beginning in 2011, as indexed for \n inflation; or\n ``(II) if a subsequent law modifies the \n exemption amount for later taxable years, the \n modified exemption amount, as indexed for \n inflation; and\n ``(iv) the budgetary effects of extending the \n estate, gift, and generation-skipping transfer tax \n provisions of title III of the Tax Relief, Unemployment \n Insurance Reauthorization, and Job Creation Act of \n 2010.\n ``(5) On or before July 1 of each year, the Director shall \n submit to the Committees on the Budget of the House of \n Representatives and the Senate, the Long-Term Budget Outlook \n for the fiscal year commencing on October 1 of that year and at \n least the ensuing 40 fiscal years.''.\n\n Passed the House of Representatives February 2, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Pro-Growth Budgeting Act of 2012 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee , as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines major bill or resolution as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25 of the current projected US gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply. And (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Amends CBA to require the CBO Director, after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines current tax policy as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003. (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011. And (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.","title":"To amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of legislation.","text_len":7026,"sum_len":2708} {"bill_id":"104_hr3784","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workplace Fairness Act of 1996''.\n\nSEC. 2. DISCRIMINATION PROHIBITED.\n\n A covered entity shall not subject an individual to different \nstandards or treatment on any basis other than factors pertaining to \njob performance in connection with employment or employment \nopportunities, or beginning on the 91st day of employment following \nhire or rehire, the compensation, terms conditions, or privileges of \nemployment.\n\nSEC. 3. QUOTAS PROHIBITED.\n\n A covered entity shall not adopt or implement a quota pursuant to \nthis Act on any basis other than factors pertaining to job performance.\n\nSEC. 4. RELIGIOUS EXEMPTION.\n\n (a) In General.--Except as provided in subsection (b), this Act \nshall not apply to religious organizations.\n (b) For-Profit Activities.--This Act shall apply with respect to \nemployment and employment opportunities that relate to any employment \nposition that pertains solely to a religious organization's for-profit \nactivities subject to taxation under section 511(a) of the Internal \nRevenue Code of 1986.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Enforcement Powers.--With respect to the administration and \nenforcement of this Act in the case of a claim alleged by an individual \nfor a violation of this Act--\n (1) the Commission shall have the same powers as the \n Commission has to administer and enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.), or\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and \n 1204),\n in the case of a claim alleged by such individual for a \n violation of such title or of section 302(a)(1) of such Act, \n respectively,\n (2) the Librarian of Congress shall have the same powers as \n the Librarian of Congress has to administer and enforce title \n VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) \n in the case of a claim alleged by such individual for a \n violation of such title,\n (3) the Board (as defined in section 101 of the \n Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n Stat. 3) shall have the same powers as the Board has to \n administer and enforce the Congressional Accountability Act of \n 1995 in the case of a claim alleged by such individual for a \n violation of section 201(a)(1) of such Act.\n (4) the Attorney General of the United States shall have \n the same powers as the Attorney General has to administer and \n enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.), or\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, \n 1204),\n in the case of a claim alleged by such individual for a \n violation of such title or of section 302(a)(1) of such Act, \n respectively, and\n (5) the courts of the United States shall have the same \n jurisdiction and powers as such courts have to enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.) in the case of a claim alleged by \n such individual for a violation of such title,\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) \n in the case of a claim alleged by such individual for a \n violation of section 302(a)(1) of such Act, and\n (C) the Congressional Accountability Act of 1995 \n (Public Law 104-1; 109 Stat. 3) in the case of a claim \n alleged by such individual for a violation of section \n 201(a)(1) of such Act.\n (b) Procedures and Remedies.--The procedures and remedies \napplicable to a claim alleged by an individual for a violation of this \nAct are--\n (1) the procedures and remedies applicable for a violation \n of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \n et seq.) in the case of a claim alleged by such individual for \n a violation of such title,\n (2) the procedures and remedies applicable for a violation \n of section 302(a)(1) of the Government Employee Rights Act of \n 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by \n such individual for a violation of such section, and\n (3) the procedures and remedies applicable for a violation \n of section 201(a)(1) of Congressional Accountability Act of \n 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim \n alleged by such individual for a violation of such section.\n (c) Other Applicable Provisions.--With respect to claims alleged by \ncovered employees (as defined in section 101 of the Congressional \nAccountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for \nviolations of this Act, title III of the Congressional Accountability \nAct of 1995 shall apply in the same manner as such title applies with \nrespect to a claims alleged by such covered employees for violations of \nsection 201(a)(1) of such Act.\n\nSEC. 7. STATE AND FEDERAL IMMUNITY.\n\n (a) State Immunity.--A State shall not be immune under the eleventh \narticle of amendment to the Constitution of the United States from an \naction in a Federal court of competent jurisdiction for a violation of \nthis Act. In an action against a State for a violation of this Act, \nremedies (including remedies at law and in equity) are available for \nthe violation to the same extent as such remedies are available in an \naction against any public or private entity other than a State.\n (b) Liability of the United States.--The United States shall be \nliable for all remedies (excluding punitive damages) under this Act to \nthe same extent as a private person and shall be liable to the same \nextent as a nonpublic party for interest to compensate for delay in \npayment.\n\nSEC. 8. ATTORNEYS' FEES.\n\n In any action or administrative proceeding commenced pursuant to \nthis Act, the court or the Commission, in its discretion, may allow the \nprevailing party, other than the United States, a reasonable attorney's \nfee, including expert fees and other litigation expenses, and costs. \nThe United States shall be liable for the foregoing the same as a \nprivate person.\n\nSEC. 9. POSTING NOTICES.\n\n A covered entity shall post notices for employees, and for \napplicants for employment, describing the applicable provisions of this \nAct in the manner prescribed by, and subject to the penalty provided \nunder, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-\n10).\n\nSEC. 10. REGULATIONS.\n\n The Commission shall have authority to issue regulations to carry \nout this Act.\n\nSEC. 11. RELATIONSHIP TO OTHER LAWS.\n\n This Act shall not invalidate or limit the rights, remedies, or \nprocedures available to an individual under title VII of the Civil \nRights Act of 1964, or any other Federal law or any law of a State or \npolitical subdivision of a State.\n\nSEC. 12. SEVERABILITY.\n\n If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be invalid, the remainder of \nthis Act and the application of such provision to other persons or \ncircumstances shall not be affected thereby.\n\nSEC. 13. EFFECTIVE DATE.\n\n This Act shall take effect 60 days after the date of the enactment \nof this Act and shall not apply to conduct occurring before such \neffective date.\n\nSEC. 14. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``Commission'' means the Equal Employment \n Opportunity Commission.\n (2) The term ``covered entity'' means an employer, \n employment agency, labor organization, joint labor management \n committee, an entity to which section 717(a) of the Civil \n Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing \n authority to which section 302(a)(1) of the Government Employee \n Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an \n employing authority to which section 201(a) of the \n Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n Stat. 3) applies.\n (3) The term ``employer'' has the meaning given such term \n in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(b)), except that a reference in such section to employees \n shall be deemed for purposes of this Act to be a reference to \n full-time employees.\n (4) The term ``employment agency'' has the meaning given \n such term in section 701(c) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(c)).\n (5) The term ``employment or employment opportunities'' \n includes job application procedures, hiring, advancement, \n discharge, compensation, job training, or any other term, \n condition, or privilege of employment.\n (6) The term ``labor organization'' has the meaning given \n such term in section 701(d) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(d)).\n (7) The term ``person'' has the meaning given such term in \n section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(a)).\n (8) The term ``factors pertaining to job performance'' \n means--\n (A) employment history, including referrals from \n previous employers,\n (B) ability and willingness to comply with the \n performance requirements (including attendance and \n procedures) of the particular employment involved,\n (C) educational background,\n (D) any use of a drug or of alcohol, that may \n adversely affect job performance,\n (E) any conviction of an offense for which a term \n of imprisonment exceeding 1 year could have been \n imposed,\n (F) any conflict of interest relating to the \n particular employment involved,\n (G) seniority recognized under an applicable bona \n fide seniority system,\n (H) ability to work well with others (cooperation \n and teamwork), and\n (I) insubordination.\n (9) The term ``religious organization'' means--\n (A) a religious corporation, association, or \n society, or\n (B) a college, school, university, or other \n educational institution, not otherwise a religious \n organization, if--\n (i) it is in whole or substantial part \n controlled, managed, owned, or supported by a \n religious corporation, association, or society, \n or\n (ii) its curriculum is directed toward the \n propagation of a particular religion.\n (10) The term ``State'' has the meaning given such term in \n section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(i)).","summary":"Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits quotas. Declares that this Act does not apply to religious organizations . Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements , any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others.","title":"Workplace Fairness Act of 1996","text_len":11512,"sum_len":960} {"bill_id":"108_hr756","text":"<greek-th> x \n\nSECTION 1. SHORT TITLE. <greek-th> x \n\n This Act may be cited as the ``Child Modeling Exploitation \nPrevention Act''.<greek-th> x \n\nSEC. 2. FINDINGS. <greek-th> x \n\n The Congress finds the following:<greek-th> x \n (1) The use of children in the production of exploitive \n child modeling, including on Internet websites, in photographs, \n films, videos, and other visual depictions, is a form of child \n abuse that can result in physical and psychological harm to the \n children involved. <greek-th> x \n (2) Exploitive child modeling is different from other, \n legitimate, child modeling because exploitive child modeling \n involves marketing the child himself or herself in lascivious \n positions and acts, rather than actually marketing products to \n average American consumers. <greek-th> x \n (3) The purpose of exploitive child modeling is to satisfy \n the demand of pedophiles. <greek-th> x \n (4) Unlike legitimate child modeling, exploitive child \n modeling may involve a direct and personal interaction between \n the child model and the pedophile. The pedophile often knows \n the child's name and has a way of communicating with the child. \n <greek-th> x \n (5) The interaction between the exploited child model and \n the pedophile can lead the child to trust pedophiles and to \n believe that it is acceptable and safe to meet with pedophiles \n in private. <greek-th> x \n (6) Over 70 percent of convicted pedophiles have used child \n pornography or exploitive child modeling depictions to whet \n their sexual appetites. Because children are used in its \n production, exploitive child modeling can place the child in \n danger of being abducted, abused, or murdered by the pedophiles \n who view such depictions. <greek-th> x \n (7) These exploitive exhibitions of children are \n unacceptable by social standards and lead to a direct harm to \n the children involved. <greek-th> x \n\nSEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x \n\n (a) Prohibition on Employment.--Section 12 of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 212) is amended by adding at the end \nthe following:<greek-th> x \n ``(e)(1) No employer may employ a child model in exploitive child \nmodeling.<greek-th> x \n ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) \nshall be fined under title 18 or imprisoned not more than 10 years, or \nboth.<greek-th> x \n ``(3)(A) In this subsection, the term `exploitive child modeling' \nmeans modeling involving the use of a child under 17 years old for \nfinancial gain without the purpose of marketing a product or service \nother than the image of the child.<greek-th> x \n ``(B) Such term applies to any such use, regardless of whether the \nemployment relationship of the child is direct or indirect, or \ncontractual or noncontractual, or is termed that of an independent \ncontractor.<greek-th> x \n ``(C) Such term does not apply to an image which, taken as a whole, \nhas serious literary, artistic, political, or scientific \nvalue.''.<greek-th> x \n (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. \n203(l)) is amended--<greek-th> x \n (1) by striking ``(1) any'' and inserting ``(A) \n any'';<greek-th> x \n (2) by striking ``(2) any'' and inserting ``(B) \n any'';<greek-th> x \n (3) by inserting ``(1)'' after ``(l)''; and<greek-th> x \n (4) by adding at the end the following new \n paragraph:<greek-th> x \n ``(2) Such term includes employment of a minor in violation of \nsection 12(e)(1).''.<greek-th> x \n\nSEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x \n\n (a) In General.--110 of title 18, United States Code, is amended by \ninserting after section 2252A the following:<greek-th> x \n``2252B. Exploitive child modeling<greek-th> x \n ``(a) In General.--Except as provided in subsection (b), whoever, \nin or affecting interstate or foreign commerce, with the intent to make \na financial gain thereby--displays or offers to provide the image of an \nindividual engaged in exploitive child modeling (as defined in section \n12(e) of the Fair Labor Standards Act of 1938) shall be fined under \nthis title or imprisoned not more than 10 years, or both.<greek-th> x \n ``(b) Exception.--This section does not apply to an image which, \ntaken as a whole, has serious literary, artistic, political, or \nscientific value.''.<greek-th> x \n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 110 of title 18, United States Code, is amended by inserting \nafter the item relating to section 2252A the following:<greek-th> x \n\n<greek-th> x <greek-th><greek-e>``2252B. Exploitive child \n modeling.''.<greek-th><greek-e>","summary":"Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines exploitive child modeling as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value. Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of oppressive child labor. Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.","title":"To protect children from exploitive child modeling, and for other purposes.","text_len":5192,"sum_len":1152} {"bill_id":"106_hr2637","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer and Community Choice in \nAccess Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) As cable, telecommunications and Internet lines of \n business merge, cable operators are upgrading their cable \n systems to offer 2-way communications on their cable networks, \n including high-speed broadband access to the Internet.\n (2) Upgraded cable systems are now offering Internet access \n up to 1,000 times faster than traditional phone lines, and up \n to 100 times faster than integrated services digital network \n (``ISDN'') lines.\n (3) Some cable operators are requiring their customers to \n obtain broadband access only through their affiliated Internet \n service provider (``ISP'').\n (4) Citizens who need or desire Internet access through the \n significantly faster cable network, but who choose not to use \n the cable operators' affiliated ISP must pay twice (once to the \n cable operator's ISP, once to their own ISP), in order to \n access the ISP of their choice.\n (5) Some in the cable industry, utilizing both their \n affiliated ISP and considerable market power, will not allow \n open and direct access to unaffiliated ISPs and their customers \n via the broadband cable platform.\n (6) The initial design of broadband cable modem Internet \n access has also created technological barriers to open access \n that need to be addressed.\n (7) In their federally recognized roles as local cable \n franchising authorities, local communities across the country \n are now confronted with the question of whether to allow their \n cable operators to restrict unaffiliated ISP from gaining \n direct, open access to their customers on the regulated cable \n network. In Oregon, the city of Portland and Multnomah County \n have already faced this situation, and decided that the public \n interest requires open access. This decision has been upheld by \n a Federal court.\n (8) However, some have expressed concern that allowing \n localities the ability to promote competition by requiring open \n access will delay the deployment of cable broadband Internet \n access services.\n (9) Local jurisdictions that choose to impose a \n procompetitive open access requirement serve the important \n public purpose of serving as ``laboratories'' for field trials \n to develop true competition on the cable Internet gateway.\n (10) Clearly, the possible development of a monopoly \n bottleneck to high-speed Internet access is a critical public \n policy issue that Congress, the Federal Communications \n Commission, and local franchising authorities need to address.\n\nSEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE \n INTERNET.\n\n (a) Reallocation of Authority.--Section 624 of the Communications \nAct of 1934 (47 U.S.C. 544) is amended--\n (1) in subsection (b)(1), by striking ``or other \n information services''; and\n (2) by adding at the end the following new subsection:\n ``(j) Internet Access.--The Commission may require cable operators \nthat provide interconnection, using cable system facilities, with the \nInternet to offer such interconnection on terms and conditions that are \nfair, reasonable, and nondiscriminatory. Such requirements shall \ninclude the obligation to provide direct or indirect interconnection \nwith the facilities and equipment of any Internet service provider on \nterms and conditions that are functionally and economically equivalent \nto the interconnection provided to any other Internet service provider, \nwhether or not affiliated with the cable operator. If the Commission \ndetermines, after notice and comment, that a cable operator is not \ncomplying with such obligation, the Commission may establish the terms \nand conditions of such interconnection.''.\n\nSEC. 4. LEASED ACCESS AMENDMENT.\n\n Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is \namended--\n (1) in subsection (b)(5), by inserting ``or other cable \n service'' after ``provision of video programming'';\n (2) in subsection (c)(2), by inserting ``or other cable \n service'' after ``over any video programming''; and\n (3) by adding at the end the following new subsection:\n ``(k) Treatment of High-Speed Data Services.--Until the Commission \nestablishes open access or interconnection standards and obligations \nunder section 624(j), a service that provides high-speed data service \n(as such term is defined in regulations of the Commission) and that \nseeks to obtain channel capacity under this section may, \nnotwithstanding subsection (b)(5), be treated as seeking channel \ncapacity for a commercial use.''.\n\nSEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION.\n\n Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) \nis amended by adding at the end the following new sentence: ``A \ntelecommunications service that is provided by a cable system is \nsubject to regulation as a common carrier service.''.\n\nSEC. 6. RULES OF CONSTRUCTION.\n\n Nothing in this Act--\n (1) restricts or limits the authority of a State or \n franchising authority; or\n (2) shall be construed to affect any civil action that is \n pending in any Federal or State court on the date of enactment \n of this Act.","summary":"Consumer and Community Choice in Access Act of 1999 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require cable operators that provide interconnection with the Internet using that cable system's facilities to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory and to provide such interconnection with the facilities and equipment of any Internet service provider, whether or not affiliated with such cable operator. Directs a cable operator to designate channel capacity for the provision of other cable services . Provides that, until the FCC establishes open access or interconnection standards and obligations for cable providers, a service that provides high-speed data service and that seeks to obtain channel capacity for such service may be treated as seeking channel capacity for a commercial use. Subjects a telecommunications service that is provided by a cable system to Federal regulation as a common carrier service.","title":"Consumer and Community Choice in Access Act of 1999","text_len":5698,"sum_len":1032} {"bill_id":"106_s2440","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airport Security Improvement Act of \n2000''.\n\nSEC. 2. CRIMINAL HISTORY RECORD CHECKS.\n\n (a) Expansion of FAA Electronic Pilot Program.--\n (1) In general.--Not later than 2 years after the date of \n enactment of this Act, the Administrator of the Federal Aviation \n Administration shall develop, in consultation with the Office of \n Personnel Management and the Federal Bureau of Investigation, the \n pilot program for individual criminal history record checks (known \n as the electronic fingerprint transmission pilot project) into an \n aviation industry-wide program.\n (2) Limitation.--The Administrator shall not require any \n airport, air carrier, or screening company to participate in the \n program described in subsection (a) if the airport, air carrier, or \n screening company determines that it would not be cost effective \n for it to participate in the program and notifies the Administrator \n of that determination.\n (b) Application of Expanded Program.--\n (1) Interim report.--Not later than 1 year after the date of \n enactment of this Act, the Administrator shall transmit to the \n Committee on Commerce, Science, and Transportation of the Senate \n and the Committee on Transportation and Infrastructure of the House \n of Representatives a report describing the status of the \n Administrator's efforts to utilize the program described in \n subsection (a).\n (2) Notification concerning sufficiency of operation.--If the \n Administrator determines that the program described in subsection \n (a) is not sufficiently operational 2 years after the date of \n enactment of this Act to permit its utilization in accordance with \n subsection (a), the Administrator shall notify the committees \n referred to in paragraph (1) of that determination.\n (c) Changes in Existing Requirements.--Section 44936(a)(1) of title \n49, United States Code, is amended--\n (1) in subparagraph (A) by striking ``, as the Administrator \n decides is necessary to ensure air transportation security,'';\n (2) in subparagraph (D) by striking ``as a screener'' and \n inserting ``in the position for which the individual applied''; and\n (3) by adding at the end the following:\n ``(E) Criminal history record checks for screeners and \n others.--\n ``(i) In general.--A criminal history record check \n shall be conducted for each individual who applies for a \n position described in subparagraph (A), (B)(i), or (B)(ii).\n ``(ii) Special transition rule.--During the 3-year \n period beginning on the date of enactment of this \n subparagraph, an individual described in clause (i) may be \n employed in a position described in clause (i)--\n\n ``(I) in the first 2 years of such 3-year period, \n for a period of not to exceed 45 days before a criminal \n history record check is completed; and\n ``(II) in the third year of such 3-year period, for \n a period of not to exceed 30 days before a criminal \n history record check is completed,\n\n if the request for the check has been submitted to the \n appropriate Federal agency and the employment investigation \n has been successfully completed.\n ``(iii) Employment investigation not required for \n individuals subject to criminal history record check.--An \n employment investigation shall not be required for an \n individual who applies for a position described in \n subparagraph (A), (B)(i), or (B)(ii), if a criminal history \n record check of the individual is completed before the \n individual begins employment in such position.\n ``(iv) Effective date.--This subparagraph shall take \n effect--\n\n ``(I) 30 days after the date of enactment of this \n subparagraph with respect to individuals applying for a \n position at an airport that is defined as a Category X \n airport in the Federal Aviation Administration approved \n air carrier security programs required under part 108 \n of title 14, Code of Federal Regulations; and\n ``(II) 3 years after such date of enactment with \n respect to individuals applying for a position at any \n other airport that is subject to the requirements of \n part 107 of such title.\n\n ``(F) Exemption.--An employment investigation, including a \n criminal history record check, shall not be required under this \n subsection for an individual who is exempted under section \n 107.31(m) of title 14, Code of Federal Regulations, as in \n effect on the date of enactment of this subparagraph.''.\n (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of \ntitle 49, United States Code, is amended--\n (1) by inserting ``(or found not guilty by reason of \n insanity)'' after ``convicted'';\n (2) in clause (xi) by inserting ``or felony unarmed'' after \n ``armed'';\n (3) by striking ``or'' at the end of clause (xii);\n (4) by redesignating clause (xiii) as clause (xv) and inserting \n after clause (xii) the following:\n ``(xiii) a felony involving a threat;\n ``(xiv) a felony involving--\n\n ``(I) willful destruction of property;\n ``(II) importation or manufacture of a controlled \n substance;\n ``(III) burglary;\n ``(IV) theft;\n ``(V) dishonesty, fraud, or misrepresentation;\n ``(VI) possession or distribution of stolen \n property;\n ``(VII) aggravated assault;\n ``(VIII) bribery; and\n ``(IX) illegal possession of a controlled substance \n punishable by a maximum term of imprisonment of more \n than 1 year, or any other crime classified as a felony \n that the Administrator determines indicates a \n propensity for placing contraband aboard an aircraft in \n return for money; or''; and\n\n (5) in clause (xv) (as so redesignated) by striking ``clauses \n (i)-(xii) of this paragraph'' and inserting ``clauses (i) through \n (xiv)''.\n\nSEC. 3. IMPROVED TRAINING.\n\n (a) Training Standards for Screeners.--Section 44935 of title 49, \nUnited States Code, is amended by adding at the end the following:\n ``(e) Training Standards for Screeners.--\n ``(1) Issuance of final rule.--Not later than May 31, 2001, and \n after considering comments on the notice published in the Federal \n Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the \n Administrator shall issue a final rule on the certification of \n screening companies.\n ``(2) Classroom instruction.--\n ``(A) In general.--As part of the final rule, the \n Administrator shall prescribe minimum standards for training \n security screeners that include at least 40 hours of classroom \n instruction before an individual is qualified to provide \n security screening services under section 44901.\n ``(B) Classroom equivalency.--Instead of the 40 hours of \n classroom instruction required under subparagraph (A), the \n final rule may allow an individual to qualify to provide \n security screening services if that individual has successfully \n completed a program that the Administrator determines will \n train individuals to a level of proficiency equivalent to the \n level that would be achieved by the classroom instruction under \n subparagraph (A).\n ``(3) On-the-job training.--In addition to the requirements of \n paragraph (2), as part of the final rule, the Administrator shall \n require that before an individual may exercise independent judgment \n as a security screener under section 44901, the individual shall--\n ``(A) complete 40 hours of on-the-job training as a \n security screener; and\n ``(B) successfully complete an on-the-job training \n examination prescribed by the Administrator.''.\n (b) Computer-Based Training Facilities.--Section 44935 of title 49, \nUnited States Code, is further amended by adding at the end the \nfollowing:\n ``(f) Accessibility of Computer-Based Training Facilities.--The \nAdministrator shall work with air carriers and airports to ensure that \ncomputer-based training facilities intended for use by security \nscreeners at an airport regularly serving an air carrier holding a \ncertificate issued by the Secretary of Transportation are conveniently \nlocated for that airport and easily accessible.''.\n\nSEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.\n\n Section 44903 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(g) Improvement of Secured-Area Access Control.--\n ``(1) Enforcement.--\n ``(A) Administrator to publish sanctions.--The \n Administrator shall publish in the Federal Register a list of \n sanctions for use as guidelines in the discipline of employees \n for infractions of airport access control requirements. The \n guidelines shall incorporate a progressive disciplinary \n approach that relates proposed sanctions to the severity or \n recurring nature of the infraction and shall include measures \n such as remedial training, suspension from security-related \n duties, suspension from all duties without pay, and termination \n of employment.\n ``(B) Use of sanctions.--Each airport operator, air \n carrier, and security screening company shall include the list \n of sanctions published by the Administrator in its security \n program. The security program shall include a process for \n taking prompt disciplinary action against an employee who \n commits an infraction of airport access control requirements.\n ``(2) Improvements.--The Administrator shall--\n ``(A) work with airport operators and air carriers to \n implement and strengthen existing controls to eliminate airport \n access control weaknesses by January 31, 2001;\n ``(B) require airport operators and air carriers to develop \n and implement comprehensive and recurring training programs \n that teach employees their roles in airport security, the \n importance of their participation, how their performance will \n be evaluated, and what action will be taken if they fail to \n perform;\n ``(C) require airport operators and air carriers to develop \n and implement programs that foster and reward compliance with \n airport access control requirements and discourage and penalize \n noncompliance in accordance with guidelines issued by the \n Administrator to measure employee compliance;\n ``(D) assess and test for compliance with access control \n requirements, report findings, and assess penalties or take \n other appropriate enforcement actions when noncompliance is \n found;\n ``(E) improve and better administer the Administrator's \n security database to ensure its efficiency, reliability, and \n usefulness for identification of systemic problems and \n allocation of resources;\n ``(F) improve the execution of the Administrator's quality \n control program by January 31, 2001; and\n ``(G) require airport operators and air carriers to \n strengthen access control points in secured areas (including \n air traffic control operations areas) to ensure the security of \n passengers and aircraft by January 31, 2001.''.\n\nSEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.\n\n (a) In General.--In order to ensure physical security at Federal \nAviation Administration staffed facilities that house air traffic \ncontrol systems, the Administrator of the Federal Aviation \nAdministration shall act immediately to--\n (1) correct physical security weaknesses at air traffic control \n facilities so the facilities can be granted physical security \n accreditation not later than April 30, 2004; and\n (2) ensure that follow-up inspections are conducted, \n deficiencies are promptly corrected, and accreditation is kept \n current for all air traffic control facilities.\n (b) Reports.--Not later than April 30, 2001, and annually \nthereafter through April 30, 2004, the Administrator shall transmit to \nthe Committee on Commerce, Science, and Transportation of the Senate \nand the Committee on Transportation and Infrastructure of the House of \nRepresentatives a report on the progress being made in improving the \nphysical security of air traffic control facilities, including the \npercentage of such facilities that have been granted physical security \naccreditation.\n\nSEC. 6. EXPLOSIVES DETECTION EQUIPMENT.\n\n Section 44903(c)(2) of title 49, United States Code, is amended by \nadding at the end the following:\n ``(C) Manual process.--\n ``(i) In general.--The Administrator shall issue an \n amendment to air carrier security programs to require a \n manual process, at explosive detection system screen \n locations in airports where explosive detection equipment \n is underutilized, which will augment the Computer Assisted \n Passenger Prescreening System by randomly selecting \n additional checked bags for screening so that a minimum \n number of bags, as prescribed by the Administrator, are \n examined.\n ``(ii) Limitation on statutory construction.--Clause \n (i) shall not be construed to limit the ability of the \n Administrator to impose additional security measures on an \n air carrier or a foreign air carrier when a specific threat \n warrants such additional measures.\n ``(iii) Maximum use of explosive detection equipment.--\n In prescribing the minimum number of bags to be examined \n under clause (i), the Administrator shall seek to maximize \n the use of the explosive detection equipment.''.\n\nSEC. 7. AIRPORT NOISE STUDY.\n\n (a) In General.--Section 745 of the Wendell H. Ford Aviation \nInvestment and Reform Act for the 21st Century (49 U.S.C. 47501 note; \n114 Stat. 178) is amended--\n (1) in the section heading by striking ``general accounting \n office'';\n (2) in subsection (a) by striking ``Comptroller General of the \n United States shall'' and inserting ``Secretary shall enter into an \n agreement with the National Academy of Sciences to'';\n (3) in subsection (b)--\n (A) by striking ``Comptroller General'' and inserting \n ``National Academy of Sciences'';\n (B) by striking paragraph (1);\n (C) by adding ``and'' at the end of paragraph (4);\n (D) by striking ``; and'' at the end of paragraph (5) and \n inserting a period;\n (E) by striking paragraph (6); and\n (F) by redesignating paragraphs (2), (3), (4), and (5) as \n paragraphs (1), (2), (3), and (4), respectively;\n (4) by striking subsection (c) and inserting the following:\n ``(c) Report.--Not later than 18 months after the date of the \nagreement entered into under subsection (a), the National Academy of \nSciences shall transmit to the Secretary a report on the results of the \nstudy. Upon receipt of the report, the Secretary shall transmit a copy \nof the report to the appropriate committees of Congress.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n (b) Conforming Amendment.--The table of contents for such Act (114 \nStat. 61 et seq.) is amended by striking the item relating to section \n745 and inserting the following:\n``Sec. 745. Airport noise study.''.\n\nSEC. 8. TECHNICAL AMENDMENTS.\n\n (a) Federal Aviation Management Advisory Council.--Section \n106(p)(2) is amended by striking ``15'' and inserting ``18''.\n (b) National Parks Air Tour Management.--Title VIII of the Wendell \nH. Ford Aviation Investment and Reform Act for the 21st Century (49 \nU.S.C. 40128 note; 114 Stat. 185 et seq.) is amended--\n (1) in section 803(c) by striking ``40126'' each place it \n appears and inserting ``40128'';\n (2) in section 804(b) by striking ``40126(e)(4)'' and inserting \n ``40128(f)''; and\n (3) in section 806 by striking ``40126'' and inserting \n ``40128''.\n (c) Restatement of Provision Without Substantive Change.--Section \n41104(b) of title 49, United States Code, is amended--\n (1) by striking paragraph (1) and inserting the following:\n ``(1) In general.--Except as provided in paragraph (3), an air \n carrier, including an indirect air carrier, may not provide, in \n aircraft designed for more than 9 passenger seats, regularly \n scheduled charter air transportation for which the public is \n provided in advance a schedule containing the departure location, \n departure time, and arrival location of the flight unless such air \n transportation is to and from an airport that has an airport \n operating certificate issued under part 139 of title 14, Code of \n Federal Regulations (or any subsequent similar regulation).''; and\n (2) by adding at the end the following:\n ``(3) Exception.--This subsection does not apply to any airport \n in the State of Alaska or to any airport outside the United \n States.''.\n\nSEC. 9. EFFECTIVE DATE.\n\n Except as otherwise expressly provided, this Act and the amendments \nmade by this Act shall take effect 30 days after the date of enactment \nof this Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends Federal aviation law to require that a criminal history record check be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act. Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access. Directs the Administrator to issue a final rule on the certification of screening companies. Establishes new minimum standards for the training of security screeners. Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible. Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001. Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems. Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary. Authorizes appropriations. Revises the total number of members of the Federal Aviation Management Advisory Council.","title":"Airport Security Improvement Act of 2000","text_len":18533,"sum_len":2901} {"bill_id":"114_hr3830","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reducing Gun Violence in our \nNeighborhoods Act of 2015''.\n\nSEC. 2. TAX ON FIREARMS.\n\n (a) In General.--Section 4181 of the Internal Revenue Code of 1986 \nis amended--\n (1) by striking ``There is hereby'' and inserting the \n following:\n ``(a) In General.--There is hereby'', and\n (2) by adding at the end the following new subsection:\n ``(b) Additional Tax on Firearms.--In addition to the tax imposed \nby subsection (a), there is hereby imposed upon the sale by the \nmanufacturer, producer, or importer of any firearm a tax in the amount \nof $100.''.\n (b) Exemption for Firearms Acquired for Law Enforcement.--Section \n4182 of such Code is amended by redesignating subsection (d) as \nsubsection (e) and by inserting after subsection (c) the following new \nsubsection:\n ``(d) Exemption From Additional Tax for Firearms Acquired for Law \nEnforcement.--The tax imposed by section 4181(b) shall not apply to any \nfirearm which is purchased by the United States or by a State or local \ngovernment for police or other law enforcement purposes.''.\n (c) Effective Date.--The amendments made by this section shall \napply to sales in calendar months beginning after the date of the \nenactment of this Act.\n\nSEC. 3. ESTABLISHMENT OF GUN VIOLENCE REDUCTION AND MENTAL HEALTH \n COUNSELING TRUST FUND.\n\n (a) In General.--Subchapter A of chapter 98 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new section:\n\n``SEC. 9512. GUN VIOLENCE REDUCTION AND MENTAL HEALTH COUNSELING TRUST \n FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Gun Violence \nReduction and Mental Health Counseling Trust Fund', consisting of such \namounts as may be appropriated or credited to such fund as provided in \nthis section or section 9602(b).\n ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Gun Violence Reduction and Mental Health Counseling Trust Fund \namounts equivalent to taxes received in the Treasury under section \n4181(b).\n ``(c) Expenditures.--Amounts in the Gun Violence Reduction and \nMental Health Counseling Trust Fund shall be available, without need of \nfurther appropriation and without regard to any fiscal year limitation, \nas follows:\n ``(1) 50 percent of such amounts for making expenditures to \n carry out, with respect to block grants for community mental \n health services, subparts I and III of part B of title XIX of \n the Public Health Service Act (42 U.S.C. 300x et seq.), and\n ``(2) 50 percent of such amounts for making expenditures to \n carry out subpart 1 of part E of the Omnibus Crime Control and \n Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).\nAmounts made available under this subsection shall supplement and not \nsupplant amounts otherwise made available to carry out the provisions \nreferred to this subsection.''.\n (b) Clerical Amendment.--The table of sections for subchapter A of \nchapter 98 of such Code is amended by adding at the end the following \nnew item:\n\n``Sec. 9512. Gun Violence Reduction and Mental Health Counseling Trust \n Fund.''.\n\nSEC. 4. PASSIVE CAPABILITY TO IDENTIFY LOST AND STOLEN FIREARMS.\n\n (a) Establishment of National Standard.--\n (1) In general.--The Attorney General shall, in \n consultation with the National Institute for Standards and \n Technology, establish in regulations a national standard for \n the incorporation of a passive identification capability into \n all firearms sold in the United States.\n (2) Passive identification capability defined.--In this \n section, the term ``passive identification capability'' means a \n technology that--\n (A) enables a firearm to be identified by a mobile \n or fixed reading device; and\n (B) does not emit or broadcast an electronic signal \n or other information that would enable the firearm or \n its owner to be monitored or tracked.\n (3) Considerations.--In developing the standard, the \n Attorney General shall give equal priority to the following:\n (A) The right of firearm owners to maintain their \n full right to privacy under the 4th Amendment and their \n right to legally own firearms under the 2nd Amendment.\n (B) The ability of law enforcement authorities to \n use the capability to track lost and stolen guns.\n (C) The ability of manufacturers to incorporate the \n capability using existing firearm manufacturing \n processes.\n (D) The resistance to tampering and destruction of \n the technology used to incorporate the capability.\n (b) Prohibition; Penalty.--\n (1) Prohibition.--It shall be unlawful for a person, in or \n affecting interstate or foreign commerce, to manufacture a \n firearm that does not have a passive identification capability \n that meets the national standard established under subsection \n (a).\n (2) Civil penalty.--After notice and opportunity for \n hearing, the Attorney General shall impose on a person who \n violates paragraph (1) a civil money penalty in such amount, \n not exceeding $1,000 per firearm, as the Attorney General shall \n prescribe in regulations.\n (3) Effective date.--This subsection shall take effect on \n such date as the Attorney General shall prescribe in \n regulations that is not later than 3 years after the \n establishment of the national standard under subsection (a).\n\nSEC. 5. REPORTING OF LOST AND STOLEN FIREARMS.\n\n (a) In General.--Within 1 year after the date of the enactment of \nthis Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and \nExplosives shall establish a database of firearms reported to be lost \nor stolen in the United States, which shall be known as the ``National \nDatabase of Lost and Stolen Firearms''.\n (b) Contents.--The database shall include the following information \nwith respect to each firearm reported to the database:\n (1) A description of the firearm, including the type of the \n firearm.\n (2) Whether the firearm is reported lost or stolen.\n (3) The date of the report.\n (4) The name of the owner of the firearm, if known.\n (5) The name and location of the person from whom the \n firearm was obtained, if known.\n (6) The location where the firearm is reported to have been \n lost or stolen.\n (7) Whether the firearm has been reported to the database \n as having been recovered, since being reported to the database \n as lost or stolen.\n (c) Availability of Database.--The information in the database \nshall be made available to all Federal, State, and local law \nenforcement authorities.\n (d) Reporting of Lost or Stolen Firearms to Local Law Enforcement \nAuthorities.--\n (1) Reporting requirement.--Section 922 of title 18, United \n States Code, is amended by adding at the end the following:\n ``(aa) Within 48 hours after a person who owns a firearm that has \nbeen shipped or transported in interstate or foreign commerce discovers \nthe theft or loss of the firearm, the person shall report the theft or \nloss to local law enforcement authorities.''.\n (2) Penalty.--Section 924 of such title is amended by \n adding at the end the following:\n ``(q) Penalty for Failure To Report Loss or Theft of Firearm.--\nWhoever violates section 922(aa) shall be fined $10,000 with respect to \neach firearm involved in the violation.''.\n (e) Requirement That Local Law Enforcement Authorities Report Lost \nor Stolen Firearms to the National Registry.--Within 7 days after a \nlocal law enforcement authority receives a report that a firearm is \nlost or stolen, the authority shall transmit the report to the National \nDatabase of Lost and Stolen Firearms.","summary":"Reducing Gun Violence in our Neighborhoods Act of 2015 This bill amends the Internal Revenue Code to impose an additional tax of $100 on the sale of a firearm by a manufacturer, producer, or importer. Firearm purchases by federal, state, and local governments for law enforcement purposes are exempt from the additional tax. The bill establishes the Gun Violence Reduction and Mental Health Counseling Trust Fund at the Department of the Treasury. It transfers revenues from the additional tax into the trust fund to support the Community Mental Health Services Block Grant program and the Edward Byrne Memorial Justice Assistance Grant program. The Department of Justice (DOJ) must establish and newly manufactured firearms must meet a national standard for incorporating passive identification capability into all firearms sold in the United States. Passive identification capability means technology that: (1) enables identification by a mobile or fixed reading device, and (2) does not transmit an electronic monitoring or tracking signal. DOJ's Bureau of Alcohol, Tobacco, Firearms, and Explosives must establish the National Database of Lost and Stolen Firearms. This bill amends the federal criminal code to require a gun owner to report a lost or stolen firearm to local law enforcement authorities within 48 hours of discovery. Local law enforcement authorities must transmit the report to the national database within seven days.","title":"Reducing Gun Violence in our Neighborhoods Act of 2015","text_len":8331,"sum_len":1439} {"bill_id":"110_hr6694","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FHA Seller-Financed Downpayment \nReform and Risk-Based Pricing Authorization Act of 2008''.\n\nSEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.\n\n Paragraph (9) of section 203(b) of the National Housing Act (12 \nU.S.C. 1709(b)(9)) is amended--\n (1) in subparagraph (C), by striking ``In no case shall the \n funds required by subparagraph (A)'' and inserting the \n following: ``Except in the case of a mortgage described in \n subparagraph (D), the funds required by subparagraph (A) shall \n not''; and\n (2) by adding at the end the following new subparagraphs:\n ``(D) Exceptions to prohibited sources.--A mortgage \n described in this subparagraph is any of the following \n mortgages:\n ``(i) A mortgage under which the mortgagor \n has a credit score equivalent to a FICO score \n of 680 or greater.\n ``(ii) A mortgage under which--\n ``(I) the mortgagor has a credit \n score equivalent to a FICO score of at \n least 620 but less than 680; and\n ``(II) mortgage insurance premiums \n charged are established--\n ``(aa) at levels necessary, \n but no higher than needed, to \n allow such class of loans to be \n insured without resulting in a \n need for an appropriation for a \n credit subsidy, which may \n exceed the maximum amount \n permitted under section \n 203(c)(2)(B);\n ``(bb) in the case of the \n single premium collected at the \n time of insurance, in an amount \n not exceeding 3.0 percent of \n the amount of the original \n principal obligation of the \n mortgage; and\n ``(cc) in the case of the \n annual premium for a mortgage \n under which the mortgagor has a \n credit score equivalent to a \n FICO score of at least 640 but \n less than 680, in an amount not \n exceeding 1.25 percent of the \n remaining insured principal \n balance (excluding the portion \n of the remaining balance \n attributable to the premium \n collected at the time of \n insurance and without taking \n into account delinquent \n payments or prepayments).\n ``(iii) For mortgages insured in fiscal \n year 2010 or thereafter, a mortgage under which \n the mortgagor has a credit score equivalent to \n a FICO score of 619 or less, but only if the \n Secretary certifies that such loans can be \n insured without resulting in a need for an \n appropriation for a credit subsidy. For such \n mortgages, the Secretary may charge premiums at \n levels authorized under items (bb) and (cc) of \n clause (ii)(II) and may establish a credit or \n FICO score limitation or impose such other \n requirements as are necessary to meet the \n conditions for certification under this clause.\n ``(E) Requirements for downpayment assistance \n entities.--Any entity participating in a program that \n provides downpayment assistance for a mortgage \n described in subparagraph (D) pursuant to the exception \n under subparagraph (C), which programs shall include \n programs of governmental agencies and private nonprofit \n organizations, shall, before the closing for the loan \n involved in the mortgage in connection with which such \n assistance is provided--\n ``(i) offer to make available, to the \n mortgagor, counseling regarding the \n responsibilities and financial management \n involved in homeownership;\n ``(ii) if such offer is accepted by the \n mortgagor, make such counseling available for \n the mortgagor; and\n ``(iii) in the case of any such entity that \n is a private nonprofit organization, implement \n a conflict of interest policy that prohibits \n directors, officers, employees, and immediate \n family members from receiving financial \n benefits from any entity that is providing the \n program with goods or services other than the \n homeownership assistance program entity itself \n or its wholly owned affiliate.\n ``(F) Civil money penalties for improperly \n influencing appraisals.--The Secretary may impose a \n civil money penalty, in the same manner and to the same \n extent as for a violation under section 536, for \n compensating, instructing, inducing, coercing, or \n intimidating any person who conducts an appraisal of \n the property to be subject to a mortgage described in \n subparagraph (D) and under which any part of the funds \n required by subparagraph (A) are provided to a party \n described in subparagraph (C), or attempting to \n compensate, instruct, induce, coerce, or intimidate \n such a person, for the purpose of causing the appraised \n value assigned to the property under the appraisal to \n be based on any other factor other than the independent \n judgment of such person exercised in accordance with \n applicable professional standards.''.\n\nSEC. 3. LIMITATIONS ON RISK-BASED PRICING.\n\n Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is \namended by adding at the end the following new paragraphs:\n ``(3) Limitations on risk-based pricing.--Except as \n provided in paragraph (4), the Secretary of Housing and Urban \n Development shall not take any action on or after October 1, \n 2008, to implement or carry out--\n ``(A) risk-based premiums, which are designed for \n mortgage lenders to offer borrowers an FHA-insured \n product that provides a range of mortgage insurance \n premium pricing, based on the risk that the insurance \n contract represents, as set forth in the Notice \n published in the Federal Register on May 13, 2008 (Vol. \n 73, No. 93, Pages 27703 through 27711) (effective July \n 14, 2008); or\n ``(B) any other risk-based premium product related \n to the insurance of any mortgage on a single family \n residence under this title, where the premium price for \n such new product is based in whole or in part on a \n borrower's Decision Credit Score, as that term is \n defined in the Notice referred to in subparagraph (A), \n or any successor thereto.\n ``(4) Flexible risk-based premiums.--Notwithstanding \n paragraph (3) of this subsection and section 2133 of the FHA \n Modernization Act of 2008 (Public Law 110-289):\n ``(A) Authority.--In the case only of a mortgage \n under which the mortgagor has a credit score equivalent \n to a FICO score of less than 600, the Secretary may \n establish a mortgage insurance premium structure \n involving a single premium payment collected prior to \n the insurance of the mortgage or annual payments (which \n may be collected on a periodic basis), or both, under \n which the rate of premiums for such a mortgage may vary \n according to the credit risk associated with the \n mortgagor and the rate of any annual premium for such a \n mortgage may vary according to such credit risk during \n the mortgage term as long as the basis for determining \n the variable rate is established before the execution \n of the mortgage. The Secretary may change a premium \n structure established under this subparagraph but only \n to the extent that such change is not applied to any \n mortgage already executed.\n ``(B) Establishment and alteration of premium \n structure.--A premium structure shall be established or \n changed under subparagraph (A) only by providing notice \n to mortgagees and to the Congress, at least 30 days \n before the premium structure is established or changed.\n ``(C) Annual report regarding premiums.--The \n Secretary shall submit a report to the Congress \n annually setting forth the rate structures and rates \n established and altered pursuant to this paragraph \n during the preceding 12-month period and describing how \n such rates were determined.\n ``(D) Considerations for premium structure.--When \n establishing and collecting premiums for mortgages \n insured under a premium structure established under \n this paragraph, the Secretary shall consider the \n following:\n ``(i) The effect of the proposed premiums \n or structure on the Secretary's ability to meet \n the operational goals of the Mutual Mortgage \n Insurance Fund as provided in section 202(a).\n ``(ii) Underwriting variables.\n ``(iii) The extent to which new pricing \n under the proposed premiums or structure has \n potential for acceptance in the private market.\n ``(iv) The administrative capability of the \n Secretary to administer the proposed premiums \n or structure.\n ``(v) The effect of the proposed premiums \n or structure on the Secretary's ability to \n maintain the availability of mortgage credit \n and provide stability to mortgage markets.\n ``(E) Authority to base premium prices on product \n risk.--\n ``(i) Authority.--In establishing premium \n rates under this title, the Secretary may \n provide for variations in such rates according \n to the credit risk associated with the type of \n mortgage product that is being insured under \n this title, which may include providing that \n premium rates differ between fixed-rate \n mortgages and adjustable-rate mortgages insured \n pursuant to section 251, between mortgages for \n condominiums and mortgages for other interests \n in properties, between mortgages having \n different ratios of the principal obligation \n under the mortgage to the appraised value of \n the property, and between such other products \n as the Secretary considers appropriate.\n ``(F) Payment incentives.--\n ``(i) Authority.--With respect to mortgages \n for which insured the Secretary is authorized \n to establish a premium structure under this \n paragraph, the Secretary shall provide that the \n payment incentive under subparagraph (ii) \n applies upon the expiration of the 5-year \n period beginning upon the time of insurance of \n such a mortgage, and the Secretary may provide \n that the payment incentive under clause (ii) \n applies upon the expiration of the 3-year \n period beginning upon the time of insurance of \n such a mortgage. The Secretary may limit such \n discretionary authority to mortgages prepaid or \n paid in full during the 2-year period beginning \n 3 years after the time of insurance of such a \n mortgage.\n ``(ii) Payment incentive.--In the case of \n any mortgage to which the payment incentive \n under this subparagraph applies, if, during the \n period referred to in clause (i), all mortgage \n payments, including insurance premiums, for \n such mortgage have been paid on a timely basis, \n upon the expiration of such period the \n Secretary shall refund to the mortgagor, upon \n payment in full of the obligation of the \n mortgage, all or a portion of--\n ``(I) the amount by which the \n single premium payment for such \n mortgage collected at the time of \n insurance exceeded the amount of the \n single premium payment chargeable under \n paragraph (2) at the time of insurance \n for a mortgage of the same product type \n having the same terms, but for which \n the mortgagor has a credit score \n equivalent to a FICO score of 600 or \n more; and\n ``(II) in the case only of \n mortgages for which annual premiums are \n established and collected under \n subparagraph (G), the amount by which \n the cumulative amount of annual \n premiums paid exceeded the amount of \n the maximum annual premium that \n otherwise may be established and \n collected notwithstanding such \n subparagraph.\n ``(G) Option for higher annual premium in lieu of \n higher up-front premium.--In the case only of mortgages \n for which the Secretary is authorized to establish a \n premium structure under this paragraph, notwithstanding \n paragraph (2)(B) of this subsection, the Secretary may \n establish and collect, for a period not exceeding the \n first 5 years of the term of the mortgage, annual \n premium payments in an amount not exceeding 0.75 \n percent of the remaining insured principal balance of \n the mortgage (excluding the portion of the remaining \n balance attributable to the premium collected under \n paragraph (2)(A) and without taking into account \n delinquent payments or prepayments), except that--\n ``(i) the Secretary may utilize such \n authority only for such classes of mortgagors \n that the Secretary determines would otherwise \n be subject to a single premium payment \n collected at the time of insurance exceeding \n 2.25 percent of the amount of the original \n insured principal obligation of the mortgage; \n and\n ``(ii) for such mortgages, the Secretary \n may not establish or collect a single premium \n payment collected at the time of insurance \n exceeding 2.25 percent of such original insured \n principal obligation.''.\n ","summary":"FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 - Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction. Or (2) any third party that is reimbursed by the seller or any such party. Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more, (2) at least 620 but less than 680. Or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations. Requires entities participating in a governmental or private nonprofit program that provides downpayment assistance for such a mortgage to offer and make available, before loan closing, counseling about the responsibilities and financial management involved in homeownership. Authorizes the Secretary of Housing and Urban Development to impose civil money penalties for improperly influencing appraisals. Prohibits the Secretary from implementing: (1) risk-based premiums designed for mortgage lenders to offer a Federal Housing Administration (FHA)-insured product that provides a range of mortgage insurance premium pricing based upon a specified risk that the insurance contract represents. Or (2) any other risk-based premium product for mortgage insurance on a single family residence where the premium price for such new product is based upon the borrower's Decision Credit Score. Makes an exception from such prohibition for flexible risk-based premiums. Authorizes the Secretary to establish, for a mortgagor whose FICO credit score is under 600, a mortgage insurance premium structure with a variable rate that reflects the mortgagor's credit risk, if the basis for determining such rate is established before the mortgage is executed. Requires notice to mortgagees and to Congress before such a premium structure is established or changed. Requires the Secretary to consider specified factors when premiums are established and collected under a flexible risk-based premium structure. Authorizes the Secretary to provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured. Requires the Secretary to make payment incentives to a mortgagor, in the form of certain refunds, upon payment in full of timely mortgage payments. Authorizes the Secretary, for mortgages with a flexible risk-based premium, to establish a higher annual premium in lieu of a higher up-front premium.","title":"To revise the requirements for seller-financed downpayments for mortgages for single-family housing insured by the Secretary of Housing and Urban Development under title II of the National Housing Act and to authorize risk-based insurance premiums for certain mortgagors under such mortgages.","text_len":18193,"sum_len":2650} {"bill_id":"111_hr4372","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bridge Ice and Snow Prevention Pilot \nProgram Act of 2009''.\n\nSEC. 2. PILOT PROGRAM.\n\n (a) In General.--The Secretary of Transportation shall establish \nand implement a pilot program to evaluate the effectiveness and \nefficiency of the use of technologies to prevent ice, snow, and other \nadverse weather effects associated with freezing temperatures on \nbridges on the National Highway System.\n (b) Grant.--\n (1) In general.--The Secretary may make grants to not more \n than 5 States to conduct projects under the pilot program.\n (2) Applications.--A State seeking a grant under the pilot \n program shall submit an application to the Secretary in such \n form, and containing such information, as the Secretary may \n require.\n (c) Eligibility.--\n (1) Selection of highway bridges.--\n (A) In general.--In awarding grants under the pilot \n program, the Secretary shall select not more than 20 \n highway bridges for participation in the program.\n (B) Bridge requirements.--The Secretary may select \n a highway bridge under subparagraph (A) only if the \n bridge is--\n (i) not greater than 500 feet in length; \n and\n (ii) on the National Highway System.\n (2) Selection of technologies.--The Secretary shall select \n technologies to be tested under the pilot program that are \n likely to improve bridge safety, extend the life of a bridge, \n and promote energy efficiency.\n (d) Federal Share.--The Federal share payable on account of a \nproject carried out under the pilot program shall not exceed 80 percent \nof the cost of the project.\n (e) Duration of Pilot Program.--The Secretary shall carry out the \npilot program for a period of no more than 5 fiscal years.\n (f) Final Report.--\n (1) In general.--Not later than 6 months after the last day \n of the pilot program, the Secretary shall submit to the \n Committee on Transportation and Infrastructure of the House of \n Representatives and the Committee on Environment and Public \n Works of the Senate a report that describes the effectiveness \n and benefits of the technologies tested under the pilot \n program.\n (2) Contents.--The report shall describe, at a minimum, the \n following:\n (A) The cost effectiveness of each technology used.\n (B) The safety impacts of each technology tested \n and of the pilot program as a whole.\n (C) Any change in the expected life span of each \n bridge participating in the pilot program due to the \n technologies used.\n (D) The net effect of the pilot program on job \n creation or job loss.\n (E) Recommendations for--\n (i) an improved or expanded program, if \n appropriate; and\n (ii) the use of advanced bridge technology \n to prevent ice, snow, and other adverse weather \n effects associated with freezing temperatures \n on bridges on the National Highway System.\n (g) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated out of the Highway Trust Fund \n(other than the Mass Transit Account) $5,000,000 for fiscal year 2011.\n (h) Availability of Amounts.--\n (1) In general.--Amounts made available to carry out this \n section shall be available for obligation in the same manner as \n funds apportioned under chapter 1 of title 23, United States \n Code, except that the Federal share payable on account of a \n project carried out under the pilot program shall be determined \n in accordance with this section and such funds shall not be \n transferable and shall remain available for the duration of the \n pilot program.\n (2) Limitation.--A State may not receive a total of more \n than $2,000,000 in grants under the pilot program.\n (3) Prohibition of earmarks.--None of the funds \n appropriated to carry out this section may be used for a \n congressional earmark, as defined in clause 9(e) of Rule XXI of \n the Rules of the House of Representatives of the 111th \n Congress.\n (i) Report to Congress Relating to Competitive Procedures.--If \ngrants are awarded under this section using procedures other than \ncompetitive procedures, the Secretary shall submit to Congress a report \nexplaining why competitive procedures were not used.\n\nSEC. 3. DEFINITION.\n\n In this Act, the term ``State'' has the meaning given that term in \nsection 101(a) of title 23, United States Code.","summary":"Bridge Ice and Snow Prevention Pilot Program Act of 2009 - Directs the Secretary of Transportation to establish a pilot program authorizing grants to up to five states to conduct projects to evaluate the effectiveness of technologies to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on National Highway System bridges.","title":"To direct the Secretary of Transportation to establish a pilot program for evaluating technologies that are likely to prevent adverse weather effects associated with freezing temperatures on bridges, improve bridge safety, extend the life of bridges, and promote energy efficiency on bridges on the National Highway System.","text_len":5045,"sum_len":363} {"bill_id":"103_hr600","text":"SECTION 1. EXCISE TAX ON IMPORTED CRUDE OIL AND REFINED PETROLEUM \n PRODUCTS.\n\n (a) In General.--Subtitle E of the Internal Revenue Code of 1986 \n(relating to alcohol, tobacco, and certain other excise taxes) is \namended by adding at the end thereof the following new chapter:\n\n ``CHAPTER 55--IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS\n\n ``Sec. 5885. Imposition of tax.\n ``Sec. 5886. Average international price.\n ``Sec. 5887. Definitions and special \n rules.\n ``Sec. 5888. Registration.\n\n``SEC. 5885. IMPOSITION OF TAX.\n\n ``(a) General Rule.--If the average international price of crude \noil for any 4-week period is less than $24, then there is hereby \nimposed an excise tax on any petroleum product entered into the United \nStates for use, consumption, or warehousing during the week following \nsuch 4-week period.\n ``(b) Amount of Tax.--\n ``(1) In general.--The amount of tax imposed by subsection \n (a) with respect to any barrel shall be equal to the excess \n of--\n ``(A) $24, over\n ``(B) the average international price of crude oil \n for the preceding 4-week period.\n ``(2) Fractional part of barrel.--In the case of a fraction \n of a barrel, the tax imposed by subsection (a) shall be the \n same fraction of the amount of such tax imposed on a whole \n barrel.\n ``(c) Time Tax Is Imposed.--\n ``(1) In general.--The tax imposed by subsection (a) shall \n be on the first sale within the United States of the petroleum \n product.\n ``(2) Tax on certain uses.--If--\n ``(A) any petroleum product entered into the United \n States is used within the United States, and\n ``(B) before such use, no tax was imposed under \n subsection (a),\n then the tax imposed by subsection (a) shall be on such use.\n ``(d) Liability for Payment of Tax.--\n ``(1) Sales.--The tax imposed on the first sale described \n in subsection (c)(1) shall be paid by the seller thereof.\n ``(2) Use.--The tax imposed on any use described in \n subsection (c)(2) shall be paid by the person using the \n petroleum product.\n\n``SEC. 5886. AVERAGE INTERNATIONAL PRICE.\n\n ``(a) In General.--For purposes of this subchapter, the average \ninternational price of crude oil for any 4-week period shall be the \naverage of the weighted average price per barrel of crude oil for each \nweek in such period, as estimated and published in the Weekly Petroleum \nStatus Report prepared by the Secretary of Energy or his delegate.\n ``(b) Publication.--The Secretary shall publish for each week the \naverage international price determined under subsection (a) for the \npreceding 4-week period.\n\n``SEC. 5887. DEFINITIONS AND SPECIAL RULES.\n\n ``(a) Definitions.--For purposes of this chapter--\n ``(1) Crude oil.--The term `crude oil' includes crude oil \n condensates and natural gasoline but does not include domestic \n crude oil (within the meaning of section 4612(a)(2)).\n ``(2) Barrel.--The term `barrel' means 42 United States \n gallons.\n ``(3) Export.--The term `export' includes shipment to a \n possession of the United States.\n ``(4) Petroleum product.--The term `petroleum product' \n includes--\n ``(A) crude oil, and\n ``(B) refined oil, fuels, and chemical feedstocks \n which are refined or derived from crude oil.\n ``(b) Tax-Free Exports.--\n ``(1) In general.--Under regulations prescribed by the \n Secretary, no tax shall be imposed under this chapter on the \n sale of any petroleum product for export or for resale by the \n purchaser to a second purchaser for export.\n ``(2) Proof of export.--Where any petroleum product has \n been sold free of tax under paragraph (1), such paragraph shall \n cease to apply with respect to the sale of such petroleum \n product unless, within the 6-month period which begins on the \n date of the sale, the seller receives proof that the petroleum \n product has been exported.\n\n``SEC. 5888. REGISTRATION.\n\n ``Every person subject to tax under section 5885 shall register \nwith the Secretary at such time and in such manner as the Secretary may \nprescribe.''\n (b) Conforming Amendment.--The table of chapters for subtitle E of \nsuch Code is amended by adding at the end thereof the following new \nitem:\n\n ``Chapter 55. Imported crude oil and \n refined petroleum products.''\n (c) Deductibility of Imported Crude Oil Tax.--The first sentence of \nsection 164(a) of such Code (relating to deductions for taxes) is \namended by inserting after paragraph (5) the following new paragraph:\n ``(6) The tax on imported petroleum products imposed by \n section 5885.''\n (d) Effective Date.--The amendments made by this section shall \napply with respect to sales of imported crude oil and imported refined \npetroleum products in calendar quarters beginning more than 30 days \nafter the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code to establish a fee on crude oil and refined petroleum products imported into the United States, other than oil or products purchased for export. Imposes the fee during any week following a four-week period when the average international price of crude oil has been less than $24 per barrel. Bases the fee on the difference between $24 per barrel and the average international price of a barrel of crude oil.","title":"To amend the Internal Revenue Code of 1986 to impose a tax on the importation of crude oil and refined petroleum products.","text_len":5470,"sum_len":440} {"bill_id":"109_hr755","text":"SECTION 1. EXTERNAL REGULATION OF DEPARTMENT.\n\n (a) Elimination of Department Authority.--Effective 2 years after \nthe date of enactment of this Act, the Department shall have no \nregulatory or enforcement authority with respect to nuclear safety and \noccupational safety and health responsibilities assumed by the Nuclear \nRegulatory Commission under subsection (b) or by the Occupational \nSafety and Health Administration under subsection (c) at any \nnonmilitary energy laboratory owned or operated by the Department.\n (b) Nuclear Regulatory Commission Authority.--\n (1) Nuclear safety regulatory and enforcement \n responsibilities.--Effective 2 years after the date of \n enactment of this Act, the Nuclear Regulatory Commission shall \n assume the nuclear safety regulatory and enforcement \n responsibilities of the Department under the Atomic Energy Act \n of 1954 with regard to nonmilitary energy laboratories owned or \n operated by the Department.\n (2) Licensed entities.--For the purposes of carrying out at \n nonmilitary energy laboratories owned or operated by the \n Department regulatory and enforcement responsibilities \n described in paragraph (1), the Nuclear Regulatory Commission \n may regulate, through licensing, certification, or other \n appropriate means, the Department's contractors.\n (3) Decommissioning.--A contractor operating a nonmilitary \n energy laboratory owned by the Department shall not be \n responsible for the costs of decommissioning that facility. No \n enforcement action may be taken against such contractor for any \n violation of Nuclear Regulatory Commission decommissioning \n requirements, if such violation is the result of a failure of \n the Department to authorize or fund decommissioning activities. \n The Nuclear Regulatory Commission and the Department shall, not \n later than 1 year after the date of enactment of this Act, \n enter into a memorandum of understanding establishing \n decommissioning procedures and requirements for nonmilitary \n energy laboratories owned or operated by the Department.\n (4) Accelerators.--Notwithstanding the provisions of the \n Atomic Energy Act of 1954 (42 U.S.C. 2011 et. seq.), effective \n 2 years after the date of enactment of this Act, the Nuclear \n Regulatory Commission shall have exclusive regulatory authority \n over accelerators, other electronic sources of radiation not \n assigned to the Commission as of the date of enactment of this \n Act, accelerator-produced radioisotopes, and naturally \n occurring radioactive materials at nonmilitary energy \n laboratories, consistent with the authorities granted the \n Nuclear Regulatory Commission in the Atomic Energy Act of 1954. \n Until such time as the Commission has completed a rulemaking \n for the foregoing equipment and radioisotopes, nonmilitary \n energy laboratories shall be required to meet the requirements \n stipulated in a license for the facility.\n (5) Administration.--The responsibilities assumed by the \n Nuclear Regulatory Commission under this subsection shall be \n administered by the Nuclear Regulatory Commission, not by \n States.\n (6) Judicial review.--Section 189 b. of the Atomic Energy \n Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the \n following paragraph after paragraph (4):\n ``(5) Any final order or regulation of the Commission \n establishing standards to govern nonmilitary energy \n laboratories owned or operated by the Department of Energy that \n is issued to implement the Commission's responsibilities under \n the Act which enacted this paragraph, and any final \n determination of the Commission relating to whether a \n nonmilitary energy laboratory owned or operated by the \n Department is in compliance with such standards and all \n applicable Commission regulations or orders.''.\n (7) Employee protection.--Any Department contractor \n operating a nonmilitary energy laboratory that is regulated by \n the Nuclear Regulatory Commission under this section shall be \n subject to section 211 of the Energy Reorganization Act of 1974 \n (42 U.S.C. 5851) to the same extent as any other employer \n subject to such section 211.\n (8) Conflict of interest.--Section 170A of the Atomic \n Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, \n agreements, or other arrangements of the Nuclear Regulatory \n Commission proposed or entered into pursuant to its \n responsibilities assumed under this subsection.\n (c) Occupational Safety and Health.--\n (1) OSHA jurisdiction.--Notwithstanding section 4(b)(1) of \n the Occupational Safety and Health Act of 1970 (29 U.S.C. \n 653(b)(1)), effective 2 years after the date of enactment of \n this Act, the Occupational Safety and Health Administration \n shall assume the exclusive regulatory and enforcement \n responsibilities of the Department relating to matters covered \n by the Occupational Safety and Health Act of 1970 with regard \n to all nonmilitary energy laboratories owned or operated by the \n Department, except as provided in paragraph (2). The \n responsibilities assumed by the Occupational Safety and Health \n Administration under this subsection shall be administered by \n the Occupational Safety and Health Administration, not by \n States. Any Department contractor operating such a laboratory \n shall, with respect to matters relating to occupational safety \n and health, be considered to be an employer for purposes of the \n Occupational Safety and Health Act of 1970.\n (2) Regulation of hazards containing radiological and non-\n radiological component.--If a hazard at a nonmilitary energy \n laboratory owned or operated by the Department presents a risk \n of occupational exposure and contains both a radiological and \n non-radiological component, the Occupational Safety and Health \n Administration and the Nuclear Regulatory Commission shall, \n effective 2 years after the date of enactment of this Act, \n share regulatory and enforcement responsibilities with respect \n to the hazard in accordance with the memorandum of \n understanding entered into pursuant to subsection (d).\n (d) Memorandum of Understanding.--The Nuclear Regulatory Commission \nand the Occupational Safety and Health Administration shall, not later \nthan 1 year after the date of enactment of this Act, enter into and \ntransmit to the Congress a memorandum of understanding to govern the \nexercise of their respective authorities over nuclear safety and \noccupational safety and health at nonmilitary energy laboratories owned \nor operated by the Department.\n (e) Civil Penalties.--The Department's contractor operating a \nnonmilitary energy laboratory owned or operated by the Department shall \nnot be liable for civil penalties under the Atomic Energy Act of 1954 \nor the Occupational Safety and Health Act of 1970 for any actions taken \nbefore the date of transfer of regulatory authority under this section, \npursuant to the instructions of a Federal agency in preparation for the \ntransfer of regulatory and enforcement responsibilities required by \nthis section.\n (f) Indemnification.--The Secretary shall continue to indemnify \nnonmilitary energy laboratories owned or operated by the Department in \naccordance with the provisions of section 170 d. of the Atomic Energy \nAct of 1954.\n (g) Department Reporting Requirement.--Not later than 18 months \nafter the date of enactment of this Act, the Secretary shall transmit \nto the Congress a plan for the termination of the Department's \nregulatory and enforcement responsibilities for nonmilitary energy \nlaboratories owned or operated by the Department required by this \nsection. The report shall include--\n (1) a detailed transition plan, drafted in coordination \n with the Nuclear Regulatory Commission and the Occupational \n Safety and Health Administration, giving the schedule for \n termination of self-regulation authority as outlined in \n subsection (a), including the activities to be coordinated with \n the Nuclear Regulatory Commission and the Occupational Safety \n and Health Administration;\n (2) a description of any issues remaining to be resolved \n with the Nuclear Regulatory Commission, the Occupational Safety \n and Health Administration, or other external regulators, and a \n timetable for resolving such issues by the authority transfer \n date established under this section; and\n (3) an estimate of--\n (A) the annual cost of administering and \n implementing self-regulation of the nuclear safety and \n occupational safety and health responsibilities \n described in subsections (b) and (c) at nonmilitary \n energy laboratories owned or operated by the \n Department;\n (B) the number of Federal and contractor employees \n administering and implementing such self-regulation; \n and\n (C) the extent and schedule by which the Department \n and the staffs at its nonmilitary energy laboratories \n will be reduced as a result of implementation of this \n section.\n (h) General Accounting Office Reporting Requirement.--The \nComptroller General of the United States shall periodically report to \nthe Congress on the progress made in implementing this section. The \nComptroller General shall provide a report not later than 20 months \nafter the date of enactment of this Act on the Department's transition \nplan, and not later than 26 months after the date of enactment of this \nAct on the implementation of Nuclear Regulatory Commission and \nOccupational Safety and Health Administration regulations in the \nnonmilitary energy laboratories.\n (i) Definitions.--For purposes of this section--\n (1) the term ``Department'' means the Department of Energy;\n (2) the term ``nonmilitary energy laboratory'' means--\n (A) Ames Laboratory;\n (B) Argonne National Laboratory;\n (C) Brookhaven National Laboratory;\n (D) Fermi National Accelerator Laboratory;\n (E) Lawrence Berkeley National Laboratory;\n (F) Oak Ridge National Laboratory;\n (G) Pacific Northwest National Laboratory;\n (H) Princeton Plasma Physics Laboratory;\n (I) Stanford Linear Accelerator Center; or\n (J) Thomas Jefferson National Accelerator Facility; \n and\n (3) the term ``Secretary'' means the Secretary of Energy.","summary":"Directs the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA), respectively, to assume specified responsibilities for nuclear safety and for occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy (DOE). Eliminates DOE's regulatory and enforcement authority with respect to such responsibilities assumed by NRC and OSHA. Makes such transfers of authority effective two years after enactment of this Act.","title":"To provide for the external regulation of nuclear safety and occupational safety and health responsibilities at any nonmilitary energy laboratory owned or operated by the Department of Energy.","text_len":11313,"sum_len":506} {"bill_id":"108_s1133","text":"SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.\n\n (a) Short Title.--This Act may be cited as the ``Veterans Programs \nImprovement Act of 2003''.\n (b) References.--Except as otherwise expressly provided, wherever \nin this Act an amendment is expressed in terms of an amendment to a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of title 38, United States Code.\n\nSEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND \n INDEMNITY COMPENSATION.\n\n (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, \neffective on December 1, 2003, increase the dollar amounts in effect \nfor the payment of disability compensation and dependency and indemnity \ncompensation by the Secretary, as specified in subsection (b).\n (b) Amounts To Be Increased.--The dollar amounts to be increased \npursuant to subsection (a) are the following:\n (1) Compensation.--Each of the dollar amounts in effect \n under section 1114.\n (2) Additional compensation for dependents.--Each of the \n dollar amounts in effect under section 1115(1).\n (3) Clothing allowance.--The dollar amount in effect under \n section 1162.\n (4) New dic rates.--Each of the dollar amounts in effect \n under paragraphs (1) and (2) of section 1311(a).\n (5) Old dic rates.--Each of the dollar amounts in effect \n under section 1311(a)(3).\n (6) Additional dic for surviving spouses with minor \n children.--The dollar amount in effect under section 1311(b);\n (7) Additional dic for disability.--Each of the dollar \n amounts in effect under subsections (c) and (d) of section \n 1311.\n (8) DIC for dependent children.--Each of the dollar amounts \n in effect under sections 1313(a) and 1314.\n (c) Determination of Increase.--\n (1) The increase under subsection (a) shall be made in the \n dollar amounts specified in subsection (b) as in effect on \n November 30, 2003.\n (2) Except as provided in paragraph (3), each such amount \n shall be increased by the same percentage as the percentage by \n which benefit amounts payable under title II of the Social \n Security Act (42 U.S.C. 401 et seq.) are increased effective \n December 1, 2003, as a result of a determination under section \n 215(i) of such Act (42 U.S.C. 415(i)).\n (3) Each dollar amount increased pursuant to paragraph (2) \n shall, if not a whole dollar amount, be rounded down to the \n next lower whole dollar amount.\n (d) Special Rule.--The Secretary may adjust administratively, \nconsistent with the increases made under subsection (a), the rates of \ndisability compensation payable to persons within the purview of \nsection 10 of Public Law No. 85-857 (72 Stat. 1263) who are not in \nreceipt of compensation payable pursuant to chapter 11 of title 38, \nUnited States Code.\n (e) Publication of Adjusted Rates.--At the same time as the matters \nspecified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. \n415(i)(2)(D)) are required to be published by reason of a determination \nmade under section 215(i) of such Act during fiscal year 2004, the \nSecretary of Veterans Affairs shall publish in the Federal Register the \namounts specified in subsection (b) as increased pursuant to subsection \n(a).\n\nSEC. 3. REPEAL OF 45-DAY RULE FOR EFFECTIVE DATE OF AWARD OF DEATH \n PENSION.\n\n Subsection (d) of section 5110 is amended--\n (1) by striking the designation ``(1)'';\n (2) by striking ``death compensation or dependency and \n indemnity compensation'' and inserting ``death compensation, \n dependency and indemnity compensation, or death pension''; and\n (3) by striking paragraph (2).\n\nSEC. 4. EXCLUSION OF LUMP-SUM LIFE INSURANCE PROCEEDS FROM \n DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES.\n\n Subsection (a) of section 1503 is amended--\n (1) by striking ``and'' at the end of paragraph (9);\n (2) by striking ``materials.'' at the end of paragraph \n (10)(B) and inserting ``materials; and''; and\n (3) by adding at the end the following new paragraph:\n ``(11) lump-sum proceeds of any life insurance policy or \n policies on a veteran, for purposes of pension under subchapter \n III of this chapter.''.\n\nSEC. 5. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR \n ALCOHOL OR DRUG-RELATED DISABILITY.\n\n (a) Clarification.--Chapter 11 is amended--\n (1) in section 1110, by striking ``drugs.'' and inserting \n ``drugs, even if the abuse is secondary to a service-connected \n disability.''; and\n (2) in section 1131, by striking ``drugs.'' and inserting \n ``drugs, even if the abuse is secondary to a service-connected \n disability.''.\n (b) Applicability.--The amendments made by subsection (a) shall \napply to any claim--\n (1) filed on or after the date of enactment of this Act; or\n (2) filed before the date of enactment of this Act and not \n finally decided as of that date.\n\nSEC. 6. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE \n AND UNITED STATES GOVERNMENT LIFE INSURANCE.\n\n (a) National Service Life Insurance.--\n (1) Section 1917 is amended by adding at the end the \n following new subsection:\n ``(f)(1) Following the death of the insured and in a case not \ncovered by subsection (d)--\n ``(A) if the first beneficiary otherwise entitled to \n payment of the insurance does not make a claim for such payment \n within two years after the death of the insured, payment may be \n made to another beneficiary designated by the insured, in the \n order of precedence as designated by the insured, as if the \n first beneficiary had predeceased the insured; and\n ``(B) if, within four years after the death of the insured, \n no claim has been filed by a person designated by the insured \n as a beneficiary and the Secretary has not received any notice \n in writing that any such claim will be made, payment may \n (notwithstanding any other provision of law) be made to such \n person as may in the judgment of the Secretary be equitably \n entitled thereto.\n ``(2) Payment of insurance under paragraph (1) shall be a bar to \nrecovery by any other person.''.\n (b) United States Government Life Insurance.--Section 1952 is \namended by adding at the end the following new subsection:\n ``(c)(1) Following the death of the insured and in a case not \ncovered by section 1950 of this title--\n ``(A) if the first beneficiary otherwise entitled to \n payment of the insurance does not make a claim for such payment \n within two years after the death of the insured, payment may be \n made to another beneficiary designated by the insured, in the \n order of precedence as designated by the insured, as if the \n first beneficiary had predeceased the insured; and\n ``(B) if, within four years after the death of the insured, \n no claim has been filed by a person designated by the insured \n as a beneficiary and the Secretary has not received any notice \n in writing that any such claim will be made, payment may \n (notwithstanding any other provision of law) be made to such \n person as may in the judgment of the Secretary be equitably \n entitled thereto.\n ``(2) Payment of insurance under paragraph (1) shall be a bar to \nrecovery by any other person.''.\n (c) Transition Provision.--In the case of a person insured under \nsubchapter I or II of chapter 19, title 38, United States Code, who \ndies before the date of the enactment of this Act, the two-year and \nfour-year periods specified in subsection (f)(1) of section 1917 of \ntitle 38, United States Code, as added by subsection (a), and \nsubsection (c)(1) of section 1952 of such title, as added by subsection \n(b), as applicable, shall for purposes of the applicable subsection be \ntreated as being the two-year and four-year periods, respectively, \nbeginning on the date of the enactment of this Act.\n\nSEC. 7. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO \n REQUEST BY DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--Section 5102 is amended by adding at the end the \nfollowing new subsection:\n ``(c) Time Limitation.--\n ``(1) If information that a claimant and the claimant's \n representative, if any, are notified under subsection (b) is \n necessary to complete an application is not received by the \n Secretary within one year from the date of such notification, \n no benefit may be paid or furnished by reason of the claimant's \n application.\n ``(2) This subsection shall not apply to any application or \n claim for Government life insurance benefits.''.\n (b) Repeal of Superseded Provisions.--Section 5103 is amended--\n (1) by striking ``(a) Required Information and Evidence.--\n ''; and\n (2) by striking subsection (b).\n (c) Effective Date.--The amendments made by this section shall take \neffect as if enacted on November 9, 2000, immediately after the \nenactment of the Veterans Claims Assistance Act of 2000 (Public Law \n106-475; 114 Stat. 2096).\n\nSEC. 8. BURIAL PLOT ALLOWANCE.\n\n (a) Subsection (b) of section 2303 is amended--\n (1) in the matter preceding paragraph (1), by striking ``a \n burial allowance under such section 2302, or under such \n subsection, who was discharged from the active military, naval, \n or air service for a disability incurred or aggravated in line \n of duty, or who is a veteran of any war'' and inserting \n ``burial in a national cemetery under section 2402 of this \n title''; and\n (2) in paragraph (2), by striking ``(other than a veteran \n whose eligibility for benefits under this subsection is based \n on being a veteran of any war)'' and inserting ``is eligible \n for a burial allowance under section 2302 of this title or \n under subsection (a) of this section, or was discharged from \n the active military, naval, or air service for a disability \n incurred or aggravated in line of duty, and such veteran''.\n (b) Section 2307 is amended in the last sentence by striking ``and \n(b)'' and inserting ``and (b)(2)''.\n\nSEC. 9. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES.\n\n (a) In General.--Subsection (d) of section 502 of the Veterans \nEducation and Benefits Expansion Act of 2001 (Public Law 107-103; 115 \nStat. 995), as amended by section 203 of the Veterans Benefits Act of \n2002 (Public Law 107-330; 116 Stat. 2824), is further amended by \nstriking ``September 11, 2001'' and inserting ``November 1, 1990''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of section 502 of Public \nLaw 107-103.\n\nSEC. 10. EXPANSION OF BURIAL ELIGIBILITY FOR REMARRIED SPOUSES.\n\n (a) In General.--Paragraph (5) of section 2042 is amended by \nstriking ``(which for purposes of this chapter includes an unremarried \nsurviving spouse who had a subsequent remarriage which was terminated \nby death or divorce)'' and inserting ``(which for purposes of this \nchapter includes a surviving spouse who remarries following the \nveteran's death)''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to deaths occurring on or after the date of the enactment of this \nAct.\n\nSEC. 11. MAKE PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM.\n\n (a) Permanent Authorization.--Paragraph (2) of section 2408(a) is \namended--\n (1) by striking ``for fiscal year 1999 and for each \n succeeding fiscal year through fiscal year 2004''; and\n (2) by adding at the end ``Funds appropriated under the \n preceding sentence shall remain available until expended.''.\n (b) Technical Amendment.--Subsection (e) of section 2408 is amended \nby striking ``Sums appropriated under subsection (a) of this section \nshall remain available until expended.''.\n\nSEC. 12. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.\n\n (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) \nis amended by striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, \n2384, 2385, 2837, 2388, 2389, 2390, and chapter 105 of title 18'' and \ninserting ``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, \n2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and \nchapter 105 of title 18''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to claims filed after the date of the enactment of this Act.\n\nSEC. 13. VETERANS' ADVISORY COMMITTEE ON EDUCATION.\n\n Section 3692 is amended--\n (1) in subsection (a), by inserting ``as far as \n practicable'' after ``include'';\n (2) in subsections (a) and (b), by striking ``chapter 106'' \n and inserting ``chapter 1606'' both places it appears; and\n (3) in subsection (c), by striking ``2003'' and inserting \n ``2013''.\n\nSEC. 14. REPEAL OF EDUCATION LOAN PROGRAM.\n\n (a) Termination of Program.--No loans shall be made under \nsubchapter III of chapter 36 after the date of the enactment of this \nAct, and such subchapter shall be repealed 90 days after such date of \nenactment.\n (b) Closing of Loan Fund.--All monies in the revolving fund \nestablished in the Treasury of the United States of America known as \nthe ``Department of Veterans Affairs Education Loan Fund'' (the \n``Fund'') on the day before the date of repeal of such subchapter III \nshall be transferred to the Department of Veterans Affairs Readjustment \nBenefits Account, and the Fund shall be closed.\n (c) Discharge of Liability.--The liability on any education loan \ndebt outstanding under such subchapter III shall be discharged, and any \noverpayments declared under section 3698(e)(1) of that subchapter shall \nbe waived without further process on the date funds are transferred as \nreferred to in subsection (b) of this section.\n (d) Technical Amendment.--On the date of repeal of such subchapter \nIII, as provided herein, the table of sections at the beginning of \nchapter 36 shall be amended by striking the items relating to \nsubchapter III.\n (e) Conforming Amendments.--\n (1) Chapter 34 is amended--\n (A) by repealing paragraph (2) of section 3462(a); \n and\n (B) in paragraph (1) of section 3485(e), by \n striking ``(other than an education loan under \n subchapter III)''.\n (2) Section 3512 is amended by repealing subsection (f).\n (3) The amendments made by paragraphs (1)(B) and (2) shall \n take effect 90 days after the date of the enactment of this \n Act.\n\nSEC. 15. RESTORATION OF CHAPTER 35 EDUCATION BENEFITS OF CERTAIN \n INDIVIDUALS.\n\n (a) Restoration.--Subsection (h) of section 3512 is amended by \ninserting ``or is involuntarily ordered to full-time National Guard \nduty under section 502(f) of title 32'' following ``title 10''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as of September 11, 2001.\n\nSEC. 16. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN \n SELF-EMPLOYMENT TRAINING.\n\n (a) Self-Employment Training.--Subparagraph (B) of section 3002(3) \nis amended--\n (1) in clause (i) by striking ``and'';\n (2) by adding at the end the following clause:\n ``(iii) a program of self-employment on-job \n training approved as provided in section \n 3677(d) of this title; and''.\n (b) Program Approval.--Section 3677 is amended--\n (1) in subsections (a) and (c), by inserting ``self-\n employment on-job training or'' after ``(other than'';\n (2) in subsection (b)(1), by inserting ``described in \n subsection (a)'' after ``offering training''; and\n (3) by adding at the end the following new subsection:\n ``(d)(1) Any State approving agency may approve a program of self-\nemployment on-job training for purposes of chapter 30 of this title \nonly when it finds that the training is generally recognized as needed \nor accepted for purposes of obtaining licensure to engage in the self-\nemployment occupation or is required for ownership and operation of a \nfranchise that is the objective of the training.\n ``(2) The training entity offering the training for which approval \nis sought under this chapter must submit to the State approving agency \na written application for approval, in the form and with the content as \nprescribed by the Secretary, which shall include such information as is \nrequired by the State approving agency.\n ``(3) As a condition for approving a program of self-employment on-\njob training, the State approving agency must find upon investigation \nthat the following criteria are met:\n ``(A) The training content is adequate to qualify the \n eligible individual for the self-employment occupation that is \n the objective of the training.\n ``(B) The training consists of full-time training for a \n period of less than six months.\n ``(C) The length of the training period is not longer than \n that customarily required to obtain the knowledge, skills, and \n experience needed to successfully engage in the particular \n self-employment occupation that is the objective of the \n training.\n ``(D) The training entity has adequate instructional space, \n equipment, materials, and personnel to provide satisfactory \n training on the job.\n ``(E) The training entity keeps adequate records of each \n trainee's progress toward the self-employment objective and, at \n the end of the training period, issues a license, certificate, \n or other document recording the individual's successful \n completion of the training program.\n ``(F) The training entity and the self-employment on-job \n training program meet such other criteria as the Secretary may \n prescribe and as the State approving agency, with the \n Secretary's approval, may establish.''.\n (c) Conforming Amendment.--Paragraph (2) of section 3687(a) is \namended by inserting ``subsections (a), (b), and (c) of'' before \n``section 3677''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date six months after the enactment of this Act and shall \napply to self-employment on-job training approved and pursued on or \nafter that date.","summary":"Veterans Programs Improvement Act of 2003 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2003, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Makes the effective date for the award of death pension the same as that for the award of death compensation or dependency and indemnity compensation. Excludes lump-sum insurance proceeds from income for purposes of eligibility for veterans' pensions. Prohibits the payment of veterans' disability compensation for an alcohol- or drug-abuse related disability even if the the alcohol or drug abuse is secondary to a service-connected disability. Provides alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance proceeds when the first beneficiary does not make a claim. Provides burial benefit eligibility for a veteran's surviving spouse who remarries following the veteran's death. Makes permanent the authority for the State cemetery grants program. Repeals the Department of Veterans Affairs Education Loan program. Includes self-employment training under the Montgomery GI Bill.","title":"A bill to amend title 38, United States Code, to improve the authorities of the Department of Veterans Affairs relating to compensation, dependency and indemnity compensation, pension, education benefits, life insurance benefits, and memorial benefits, to improve the administration of benefits for veterans, and for other purposes.","text_len":19148,"sum_len":1282} {"bill_id":"110_s1525","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Super-Efficient Appliance Incentives \nand Market Transformation Act of 2007''.\n\nSEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR \n APPLIANCES PRODUCED AFTER 2007.\n\n (a) In General.--Section 45M of the Internal Revenue Code of 1986 \nis amended to read as follows:\n\n``SEC. 45M. ENERGY EFFICIENT APPLIANCE CREDIT.\n\n ``(a) General Rule.--\n ``(1) In general.--For purposes of section 38, the energy \n efficient appliance credit determined under this section for \n any taxable year is an amount equal to the sum of the credit \n amounts determined under paragraph (2) for each type of \n qualified energy efficient appliance produced by the taxpayer \n during the calendar year ending with or within the taxable \n year.\n ``(2) Credit amounts.--The credit amount determined for any \n type of qualified energy efficient appliance is--\n ``(A) the applicable amount determined under \n subsection (b) with respect to such type, multiplied by\n ``(B) the eligible production for such type.\n ``(b) Applicable Amount.--For purposes of subsection (a)--\n ``(1) Dishwashers.--The applicable amount is--\n ``(A) $45 in the case of a residential model \n dishwasher which--\n ``(i) is manufactured in calendar year 2008 \n or 2009, and\n ``(ii) uses not more than 324 kilowatt \n hours per year and 5.8 gallons per cycle, and\n ``(B) $75 in the case of a residential model \n dishwasher which--\n ``(i) is manufactured in calendar year \n 2008, 2009, or 2010, and\n ``(ii) uses not more than 307 kilowatt \n hours per year and 5.0 gallons per cycle (5.5 \n gallons for dishwashers designed for greater \n than 12 place settings).\n ``(2) Clothes washers.--The applicable amount is--\n ``(A) $75 in the case of a residential model top-\n loading clothes washer which--\n ``(i) is manufactured in calendar year \n 2008, and\n ``(ii) meets or exceeds a 1.72 MEF and does \n not exceed an 8.0 water consumption factor,\n ``(B) $125 in the case of a residential model top-\n loading clothes washer which--\n ``(i) is manufactured in calendar year 2008 \n or 2009, and\n ``(ii) meets or exceeds a 1.8 MEF and does \n not exceed a 7.5 water consumption factor,\n ``(C) $150 in the case of a residential or \n commercial model clothes washer which--\n ``(i) is manufactured in calendar year \n 2008, 2009, or 2010, and\n ``(ii) meets or exceeds 2.0 MEF and does \n not exceed a 6.0 water consumption factor, and\n ``(D) $250 in the case of a residential or \n commercial model clothes washer which--\n ``(i) is manufactured in calendar year \n 2008, 2009, or 2010, and\n ``(ii) meets or exceeds 2.2 MEF and does \n not exceed a 4.5 water consumption factor.\n ``(3) Refrigerators.--The applicable amount is--\n ``(A) $50 in the case of a residential model \n refrigerator which--\n ``(i) is manufactured in calendar year \n 2008, and\n ``(ii) consumes at least 20 percent, but \n not more than 22.9 percent, less kilowatt hours \n per year than the 2001 energy conservation \n standards,\n ``(B) $75 in the case of a residential model \n refrigerator which--\n ``(i) is manufactured in calendar year 2008 \n or 2009, and\n ``(ii) consumes at least 23 percent, but \n not more than 24.9 percent, less kilowatt hours \n per year than the 2001 energy conservation \n standards,\n ``(C) $100 in the case of a residential model \n refrigerator which--\n ``(i) is manufactured in calendar year \n 2008, 2009, or 2010, and\n ``(ii) consumes at least 25 percent, but \n not more than 29.9 percent, less kilowatt hours \n per year than the 2001 energy conservation \n standards, and\n ``(D) $200 in the case of a residential model \n refrigerator which--\n ``(i) is manufactured in calendar year \n 2008, 2009, or 2010, and\n ``(ii) consumes at least 30 percent less \n kilowatt hours per year than the 2001 energy \n conservation standards.\n ``(4) Dehumidifiers.--The applicable amount is--\n ``(A) $15 in the case of a dehumidifier which--\n ``(i) is manufactured in calendar year \n 2008, and\n ``(ii) has a capacity less than or equal to \n 45 pints per day and is 7.5 percent more \n efficient than the applicable Department of \n Energy energy conservation standard effective \n October 2012, and\n ``(B) $25 in the case of a dehumidifier which--\n ``(i) is manufactured in calendar year \n 2008, and\n ``(ii) has a capacity greater than 45 pints \n per day and is 7.5 percent more efficient than \n such conservation standard.\n ``(c) Eligible Production.--The eligible production in a calendar \nyear with respect to each type of qualified energy efficient appliance \nis the excess of--\n ``(1) the number of appliances of such type which are \n produced by the taxpayer for sale within the United States \n during such calendar year, over\n ``(2) the average number of appliances of such type which \n were produced by the taxpayer (or any predecessor) for sale \n within the United States during the preceding 2-calendar year \n period.\n ``(d) Types of Qualified Energy Efficient Appliances.--For purposes \nof this section, the types of qualified energy efficient appliances \nare--\n ``(1) dishwashers described in subsection (b)(1),\n ``(2) clothes washers described in subsection (b)(2),\n ``(3) refrigerators described in subsection (b)(3), and\n ``(4) dehumidifiers described in subsection (b)(4).\n ``(e) Limitations.--\n ``(1) Aggregate credit amount allowed.--Except as provided \n in paragraph (2), the aggregate amount of credit allowed under \n subsection (a) with respect to a taxpayer for any taxable year \n shall not exceed $100,000,000 reduced by the amount of the \n credit allowed under subsection (a) to the taxpayer (or any \n predecessor) for all prior taxable years beginning after \n December 31, 2007.\n ``(2) Amount allowed for certain clothes washers and \n refrigerators.--For purposes of paragraph (1), clothes washers \n described in subsection (b)(2)(D) and refrigerators described \n in subsection (b)(3)(D) shall not be taken into account.\n ``(3) Limitation based on gross receipts.--The credit \n allowed under subsection (a) with respect to a taxpayer for the \n taxable year shall not exceed an amount equal to 2 percent of \n the average annual gross receipts of the taxpayer for the 3 \n taxable years preceding the taxable year in which the credit is \n determined beginning after December 31, 2007.\n ``(4) Gross receipts.--For purposes of this subsection, the \n rules of paragraphs (2) and (3) of section 448(c) shall apply.\n ``(f) Definitions.--For purposes of this section:\n ``(1) Dishwasher.--The term `dishwasher' means a dishwasher \n subject to the energy conservation standards established by the \n Department of Energy.\n ``(2) Clothes washer.--The term `clothes washer' includes a \n clothes washer subject to the energy conservation standards \n established by the Department of Energy.\n ``(3) Top-loading clothes washer.--The term `top-loading \n clothes washer' means a clothes washer with the clothes \n container compartment access located on the top of the machine.\n ``(4) Refrigerator.--The term `refrigerator' means an \n automatic defrost refrigerator-freezer which has an internal \n volume of at least 16.5 cubic feet.\n ``(5) Dehumidifier.--The term `dehumidifier' means a self-\n contained, electrically operated, and mechanically refrigerated \n encased assembly consisting of--\n ``(A) a refrigerated surface that condenses \n moisture from the atmosphere,\n ``(B) a refrigerating system, including an electric \n motor,\n ``(C) an air-circulating fan, and\n ``(D) means for collecting or disposing of \n condensate.\n ``(6) Gallons per cycle.--The term `gallons per cycle' \n means the amount of water, expressed in gallons, required to \n complete a normal cycle of a dishwasher.\n ``(7) MEF.--The term `MEF' means the modified energy factor \n established by the Department of Energy for compliance with the \n Federal energy conservation standard.\n ``(8) Water consumption factor.--The term `water \n consumption factor' means the quotient of the total weighted \n per-cycle water consumption divided by the cubic foot capacity \n of the clothes washer.\n ``(9) 2001 energy conservation standard.--The term `2001 \n energy conservation standard' means the energy conservation \n standards promulgated by the Department of Energy and effective \n July 1, 2001.\n ``(g) Special Rules.--For purposes of this section:\n ``(1) In general.--Rules similar to the rules of \n subsections (c), (d), and (e) of section 52 shall apply.\n ``(2) Controlled group.--\n ``(A) In general.--All persons treated as a single \n employer under subsection (a) or (b) of section 52 or \n subsection (m) or (o) of section 414 shall be treated \n as a single producer.\n ``(B) Inclusion of foreign corporations.--For \n purposes of subparagraph (A), in applying subsections \n (a) and (b) of section 52 to this section, section 1563 \n shall be applied without regard to subsection (b)(2)(C) \n thereof.\n ``(3) Verification.--No amount shall be allowed as a credit \n under subsection (a) with respect to which the taxpayer has not \n submitted such information or certification as the Secretary, \n in consultation with the Secretary of Energy, determines \n necessary.''.\n (b) Credit Allowed Against the Alternative Minimum Tax.--Section \n38(c)(4)(B) of the Internal Revenue Code of 1986 (relating to specified \ncredits) is amended--\n (1) by striking ``and'' at the end of clause (i),\n (2) by striking the period at the end of clause (ii)(II) \n and inserting ``, and'', and\n (3) by adding at the end the following new clause:\n ``(iii) for taxable years beginning after \n December 31, 2007, the credit determined under \n section 45M.''.\n (c) Effective Date.--The amendments made by this section shall \napply to appliances produced after December 31, 2007.","summary":"Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances produced after 2007.","title":"A bill to amend the Internal Revenue Code of 1986 to modify the energy efficient appliance credit for appliances produced after 2007.","text_len":12701,"sum_len":212} {"bill_id":"108_hr2689","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mississippi Gulf Coast National \nHeritage Area Act''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n Congress finds that--\n (1) the 6-county area in southern Mississippi located on \n the Gulf of Mexico and in the Mississippi Coastal Plain has a \n unique identity that is shaped by--\n (A) the coastal and riverine environment; and\n (B) the diverse cultures that have settled in the \n area;\n (2) the area is rich with diverse cultural and historical \n significance, including--\n (A) early Native American settlements; and\n (B) Spanish, French, and English settlements \n originating in the 1600s;\n (3) the area includes spectacular natural, scenic, and \n recreational resources;\n (4) there is broad support from local governments and other \n interested individuals for the establishment of the Mississippi \n Gulf Coast National Heritage Area to coordinate and assist in \n the preservation and interpretation of those resources;\n (5) the Comprehensive Resource Management Plan, coordinated \n by the Mississippi Department of Marine Resources--\n (A) is a collaborative effort of the Federal \n Government and State and local governments in the area; \n and\n (B) is a natural foundation on which to establish \n the Heritage Area; and\n (6) establishment of the Heritage Area would assist local \n communities and residents in preserving the unique cultural, \n historical, and natural resources of the area.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Mississippi Gulf Coast National Heritage Area established by \n section 4(a).\n (2) Coordinating entity.--The term ``coordinating entity'' \n means the coordinating entity for the Heritage Area designated \n by section 4(c).\n (3) Management plan.--The term ``management plan'' means \n the management plan for the Heritage Area developed under \n section 5.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means the State of \n Mississippi.\n\nSEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established in the State the \nMississippi Gulf Coast National Heritage Area.\n (b) Boundaries.--The Heritage Area shall consist of the counties of \nPearl River, Stone, George, Hancock, Harrison, and Jackson in the \nState.\n (c) Coordinating Entity.--\n (1) In general.--The Mississippi Department of Marine \n Resources, in consultation with the Mississippi Department of \n Archives and History, shall serve as the coordinating entity \n for the Heritage Area.\n (2) Oversight committee.--The coordinating entity shall \n ensure that each of the 6 counties included in the Heritage \n Area is appropriately represented on any oversight committee.\n\nSEC. 5. MANAGEMENT PLAN.\n\n (a) In General.--Not later than 3 years after the date of enactment \nof this Act, the coordinating entity shall develop and submit to the \nSecretary a management plan for the Heritage Area.\n (b) Requirements.--The management plan shall--\n (1) provide recommendations for the conservation, funding, \n management, interpretation, and development of the cultural, \n historical, archaeological, natural, and recreational resources \n of the Heritage Area;\n (2) identify sources of funding for the Heritage Area;\n (3) include--\n (A) an inventory of the cultural, historical, \n archaeological, natural, and recreational resources of \n the Heritage Area; and\n (B) an analysis of ways in which Federal, State, \n tribal, and local programs may best be coordinated to \n promote the purposes of this Act;\n (4) provide recommendations for educational and \n interpretive programs to inform the public about the resources \n of the Heritage Area; and\n (5) involve residents of affected communities and tribal \n and local governments.\n (c) Failure to Submit.--If a management plan is not submitted to \nthe Secretary by the date specified in subsection (a), the Secretary \nshall not provide any additional funding under this Act until a \nmanagement plan for the Heritage Area is submitted to the Secretary.\n (d) Approval or Disapproval of the Management Plan.--\n (1) In general.--Not later than 90 days after receipt of \n the management plan under subsection (a), the Secretary shall \n approve or disapprove the management plan.\n (2) Action following disapproval.--If the Secretary \n disapproves a management plan under paragraph (1), the \n Secretary shall--\n (A) advise the coordinating entity in writing of \n the reasons for disapproval;\n (B) make recommendations for revision of the \n management plan; and\n (C) allow the coordinating entity to submit to the \n Secretary revisions to the management plan.\n (e) Revision.--After approval by the Secretary of the management \nplan, the coordinating entity shall periodically--\n (1) review the management plan; and\n (2) submit to the Secretary, for review and approval by the \n Secretary, any recommendations for revisions to the management \n plan.\n\nSEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.\n\n (a) Authorities.--For purposes of developing and implementing the \nmanagement plan and otherwise carrying out this Act, the coordinating \nentity may make grants to and provide technical assistance to tribal \nand local governments, and other public and private entities.\n (b) Duties.--In addition to developing the management plan under \nsection 5, in carrying out this Act, the coordinating entity shall--\n (1) implement the management plan; and\n (2) assist local and tribal governments and non-profit \n organizations in--\n (A) establishing and maintaining interpretive \n exhibits in the Heritage Area;\n (B) developing recreational resources in the \n Heritage Area;\n (C) increasing public awareness of, and \n appreciation for, the cultural, historical, \n archaeological, and natural resources of the Heritage \n Area;\n (D) restoring historic structures that relate to \n the Heritage Area; and\n (E) carrying out any other activity that the \n coordinating entity determines to be appropriate to \n carry out this Act, consistent with the management \n plan;\n (3) conduct public meetings at least annually regarding the \n implementation of the management plan; and\n (4) for any fiscal year for which Federal funds are made \n available under section 9--\n (A) submit to the Secretary a report that \n describes, for the fiscal year, the actions of the \n coordinating entity in carrying out this Act;\n (B) make available to the Secretary for audit all \n records relating to the expenditure of funds and any \n matching funds; and\n (C) require, for all agreements authorizing the \n expenditure of Federal funds by any entity, that the \n receiving entity make available to the Secretary for \n audit all records relating to the expenditure of the \n funds.\n (c) Prohibition on Acquisition of Real Property.--The coordinating \nentity shall not use Federal funds made available under this Act to \nacquire real property or any interest in real property.\n\nSEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.\n\n (a) In General.--On the request of the coordinating entity, the \nSecretary may provide technical and financial assistance to the \ncoordinating entity for use in the development and implementation of \nthe management plan.\n (b) Prohibition of Certain Requirements.--The Secretary may not, as \na condition of the provision of technical or financial assistance under \nthis section, require any recipient of the assistance to impose or \nmodify any land use restriction or zoning ordinance.\n\nSEC. 8. EFFECT OF ACT.\n\n Nothing in this Act--\n (1) affects or authorizes the coordinating entity to \n interfere with--\n (A) the right of any person with respect to private \n property; or\n (B) any local zoning ordinance or land use plan;\n (2) restricts an Indian tribe from protecting cultural or \n religious sites on tribal land;\n (3) modifies, enlarges, or diminishes the authority of any \n State, tribal, or local government to regulate any use of land \n under any other law (including regulations);\n (4)(A) modifies, enlarges, or diminishes the authority of \n the State to manage fish and wildlife in the Heritage Area, \n including the regulation of fishing and hunting; or\n (B) authorizes the coordinating entity to assume any \n management authorities over such lands; or\n (5) diminishes the trust responsibilities or government-to-\n government obligations of the United States to any federally \n recognized Indian tribe.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $10,000,000, of which not more than $1,000,000 may be made \navailable for any fiscal year.\n (b) Cost-Sharing Requirement.--The Federal share of the total cost \nof any activity assisted under this Act shall be not more than 50 \npercent.","summary":"Mississippi Gulf Coast National Heritage Area Act - Establishes, in the State of Mississippi, the Mississippi Gulf Coast National Heritage Area, and assigns the Mississippi Department of Marine Resources to serve as the Area's coordinating entity . Directs the entity to develop and submit to the Secretary of the Interior a management plan for the Area. States elements that the plan shall contain, including recommendations for: (1) the conservation and development of the Area's resources. And (2) educational and interpretive programs. Directs the Secretary to approve or disapprove of the plan. Directs the entity to periodically review the plan and to submit amendments for approval. Allows the entity to make grants to and provide technical assistance to tribal and local governments and other public and private entities to further the development and implementation of the plan. Directs the entity to perform certain functions in carrying out this Act, including to: (1) assist local and tribal governments and non-profits in various ways. And (2) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds. Sets forth things this Act shall not do, including that it shall not restrict an Indian tribe from protecting cultural or religious sites on tribal land.","title":"To establish the Mississippi Gulf Coast National Heritage Area in the State of Mississippi, and for other purposes.","text_len":10391,"sum_len":1325} {"bill_id":"103_s324","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Trade in Grain Act of 1993''.\n\nSEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER \n IMPORTATION.\n\n (a) Definitions.--As used in this section:\n (1) Entry.--The term ``entry'' means the entry into, or the \n withdrawal from warehouse for consumption in, the customs \n territory of the United States.\n (2) Foreign grain.--The term ``foreign grain'' means any of \n the following, if a product of any foreign country or \n instrumentality:\n (A) Wheat provided for in heading 1001 of the \n Harmonized Tariff Schedule of the United States.\n (B) Barley provided for in heading 1003.00 of such \n Schedule.\n (C) Oats provided for in heading 1004.00.00 of such \n Schedule.\n (b) Certification Requirements Regarding Foreign Grain.--\n (1) End-use certificate.--An end-use certificate that meets \n the requirements of subsection (c) shall be included in the \n documentation covering the entry of any foreign grain.\n (2) Quarterly reports.--A consignee of imported foreign \n grain shall submit to the Secretary of Agriculture a quarterly \n report that certifies--\n (A) what percentage of the foreign grain covered by \n an end-use certificate was used by the consignee during \n the quarter; and\n (B) that the grain referred to in paragraph (1) was \n used by the consignee for the purpose stated in the \n end-use certificate.\n (c) End-Use Certificate and Quarterly Report Content.--The end-use \ncertificates and quarterly reports required under subsection (b) shall \nbe in such form, and require such information, as the Secretary of \nAgriculture considers necessary or appropriate to carry out the \npurposes of this section, including--\n (1) in the case of the end-use certificate--\n (A) the name and address of the importer of record \n of the foreign grain covered by the certificate;\n (B) the name and address of the consignee of the \n grain;\n (C) the identification of the country of origin of \n the grain;\n (D) a description by class and quantity of the \n grain;\n (E) a specification of the purpose for which the \n consignee will use the grain; and\n (F) the identification of the transporter of the \n grain from the port of entry to the processing facility \n of the consignee; and\n (2) in the case of the quarterly report--\n (A) the information referred to in subparagraphs \n (A) and (B) of paragraph (1);\n (B) the identification of the end-use certificates \n currently held by the consignee;\n (C) a statement of the quantity of the foreign \n grain covered by each of the end-use certificates \n identified under subparagraph (B) that was used during \n the quarter;\n (D) a statement of the use made during the quarter \n by the consignee of each quantity referred to in \n subparagraph (C); and\n (E) a statement of the quantity of wheat, barley, \n and oats that have been exported by the consignee \n during the quarter.\n (d) Regulations.--The Secretary of Agriculture shall prescribe such \nrequirements regarding the preparation and submission of the quarterly \nreports required under subsection (b)(2) as may be necessary or \nappropriate to carry out this section.\n (e) Penalties.--\n (1) Customs penalties.--End-use certificates required under \n this section shall be treated as any other customs \n documentation for purposes of applying the customs laws that \n prohibit the entry, or the attempt to enter, merchandise by \n fraud, gross negligence, or negligence.\n (2) Civil penalties.--Any person who knowingly violates any \n requirement prescribed by the Secretary of Agriculture to carry \n out this section is punishable by a civil penalty in an amount \n not to exceed $10,000.\n (f) Entry Prohibited Unless End-Use Certificate Presented.--The \nCommissioner of Customs may not permit the entry of foreign grain \nunless the importer of record presents at the time of entry of the \ngrain an end-use certificate that complies with the applicable \nrequirements of subsection (c).\n\nSEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO \n MEXICO.\n\n Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. \n5651(b)) is amended by adding at the end the following new paragraph:\n ``(9) Promotion of wheat exports to mexico.--In carrying \n out the program established under this section, the Secretary \n shall provide agricultural commodities or cash payments, or \n both, to promote the export of wheat to Mexico.''.\n\nSEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT \n SUBSIDIES.\n\n Not later than 30 days after the date of the enactment of this Act, \nthe administering authority shall initiate a countervailing duty \ninvestigation and an antidumping duty investigation under title VII of \nthe Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the \nsubsidies provided by Canada in connection with the exportation of \nwheat to the United States.","summary":"Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain. And (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain. Sets forth civil penalties. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote US wheat exports to Mexico. Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States.","title":"Fair Trade in Grain Act of 1993","text_len":5793,"sum_len":814} {"bill_id":"105_hr4728","text":"SECTION 1. INCREASED CREDIT FOR MEDICAL RESEARCH.\n\n (a) In General.--Section 41 of the Internal Revenue Code of 1986 \n(relating to credit for increasing research activities) is amended by \nadding at the end the following new subsection:\n ``(i) Increased Credit for Medical Research.--\n ``(1) General rule.--Subsection (a) of this section shall \n be applied by substituting--\n ``(A) `40 percent' for `20 percent' in paragraph \n (1) thereof with respect to qualified medical research \n expenses, and\n ``(B) `medical research base amount' for `base \n amount'.\n ``(2) Qualified medical research expenses.--For purposes of \n this subsection--\n ``(A) In general.--The term `qualified medical \n research expenses' means qualified research expenses--\n ``(i) incurred for research in, or \n reasonably expected to lead to, the development \n of any medical product for the prevention, \n cure, or alleviation of human disease, \n sickness, or injury, and\n ``(ii) incurred before the earliest of--\n ``(I) the date on which an \n application with respect to such \n product is approved under section \n 505(b) or 505A of the Federal Food, \n Drug, and Cosmetic Act,\n ``(II) the date on which a license \n for such product is approved under \n section 351 of the Public Health \n Service Act, or\n ``(III) the later of the date \n classification of such product as \n intended for human use is made under \n section 513 of the Federal Food, Drug, \n and Cosmetic Act or the date of \n approval of such product as intended \n for human use is granted under section \n 515 of such Act.\n ``(B) Exclusion of research after commercial \n production not to apply.--For purposes of this \n paragraph, the term `qualified research expenses' shall \n be determined without regard to subsection (d)(4)(A).\n ``(C) Special rule for certain testing.--The term \n `qualified medical research expenses' includes \n qualified research expenses for preclinical and \n clinical testing occurring after the earliest date \n under subparagraph (A)(ii) if the purpose of such \n testing is to develop new functional uses (including \n pediatric studies as described in section 355A(g) of \n the Federal Food, Drug, and Cosmetic Act), \n characteristics, indications, combinations, dosages, or \n delivery forms to an existing product.\n ``(D) Product.--For purposes of this paragraph, the \n term `product' means any drug, biologic, medical, or \n diagnostic test, or medical device.\n ``(3) Medical research base amount.--For purposes of this \n subsection--\n ``(A) In general.--Except as provided in \n subparagraph (C), the term `medical research base \n amount' means, with respect to any taxable year, the \n average of the taxpayer's qualified medical research \n expenses for those taxable years in the base period \n during which the taxpayer paid or incurred qualified \n medical research expenses. The Secretary may prescribe \n regulations providing that de minimis amounts of \n qualified medical research expenses shall be \n disregarded under the preceding sentence.\n ``(B) Base period.--For purposes of subparagraph \n (A), the base period is the period consisting of--\n ``(i) the most recent taxable year ending \n at least 6 months before the taxable year for \nwhich the medical research base amount is being determined, and\n ``(ii) the 4 taxable years preceding such \n most recent taxable year.\n ``(C) Medical base period amount for first 2 \n taxable years.--For each of the first 2 taxable years \n during which the taxpayer pays or incurs qualified \n medical research expenses, the term `medical research \n base amount' means 60 percent of the taxpayer's \n qualified medical research expenses for the taxable \n year for which such base period amount is determined.\n ``(4) Research conducted by academic and medical \n institutions.--\n ``(A) In general.--Subsection (b)(3)(A) shall be \n applied--\n ``(i) by substituting `100 percent' for `65 \n percent' with respect to amounts paid to a \n qualified academic institution for qualified \n research described in paragraph (2), and\n ``(ii) by substituting `85 percent' for `65 \n percent' with respect to amounts paid to a \n qualified nonprofit medical institution for \n qualified research described in paragraph (2).\n ``(B) Qualified academic institution.--For purposes \n of this paragraph, the term `qualified academic \n institution' means any of the following institutions:\n ``(i) Educational institutions.--Any \n institution described in section \n 170(b)(1)(A)(ii) or (iii) which is owned or \n affiliated with an institution of higher \n education as described in section 3304(f).\n ``(ii) Cancer research institutions.--Any \n cancer research institution which is designated \n as a cancer center by the National Cancer \n Institute, is, or is owned by, an organization \n described in section 501(c)(3), is exempt from \n taxation under section 501(a), and is not a \n private foundation.\n ``(iii) Nonprofit independent research \n institutions.--Any not-for-profit, independent \n research institute which is described in \n section 501(c)(3), is exempt from taxation \n under section 501(a), and is organized and \n operated exclusively for scientific or \n educational purposes.\n ``(C) Qualified nonprofit medical institution.--For \n purposes of this paragraph, the term `qualified \n nonprofit medical institution' means any not-for-profit \n organization that is described in section 501(c)(3), is \n exempt from taxation under section 501(a) by reason of \n its operation of a hospital or medical or health \n activity, is not a private foundation, and is not a \n qualified academic institution.\n ``(5) Election of alternative incremental medical research \n credit.--\n ``(A) In general.--At the election of the taxpayer, \n the credit determined under this subsection shall be \n the sum of--\n ``(i) 1.65 percent of so much of the \n taxpayer's qualified medical research expenses \n for the taxable year as exceeds 1 percent of \n the gross receipts of the taxpayer for the year \n but does not exceed 1.5 percent of such gross \n receipts,\n ``(ii) 2.2 percent of so much of such \n expenses as exceeds 1.5 percent of such gross \n receipts but does not exceed 2 percent of such \n gross receipts, and\n ``(iii) 2.75 percent of so much of such \n expenses as exceeds 2 percent of such receipts.\n ``(B) Election.--An election under this subsection \n shall apply only to the taxable year for which made.\n ``(6) Coordination.--In determining the amount of the \n credit allowed by subsection (a) for expenses which are not \n allowed the increased credit under this subsection--\n ``(A) the amount of qualified research expenses \n shall be computed by excluding qualified medical \n research expenses for which the increased credit \n determined under this subsection is allowed;\n ``(B) the base amount determined under paragraph \n (1) of subsection (c) shall be computed by excluding \n qualified medical research expenses for which the \n increased credit determined under this subsection is \n allowed from qualified research expenses for purposes \n of that computation; and\n ``(C) the alternative incremental credit determined \n under subsection (c)(4) shall be computed by excluding \n qualified medical research expenses for which the \n increased credit determined under this subsection is \n allowed from qualified research expenses for purposes \n of that computation.''\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after the date of the enactment of this Act.","summary":"Amends Internal Revenue Code provisions concerning the credit for increasing research activities provisions to provide for an increased credit for qualified medical research expenses.","title":"To amend the Internal Revenue Code of 1986 to provide an increased credit for medical research.","text_len":10530,"sum_len":183} {"bill_id":"110_s1500","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Support for Democracy and Human \nRights in Zimbabwe Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) When Zimbabwe achieved independence in 1980, its \n economic and democratic prospects were bright and President \n Robert Mugabe was hailed as a liberator. However, 27 years \n later, the economy of Zimbabwe has collapsed as income per \n capita has fallen below the 1953 level and President Mugabe's \n Zimbabwe African National Union-Patriotic Front (ZANU-PF) \n government has increasingly and systematically exercised \n repression of political opposition and engaged in violations of \n human rights.\n (2) The Department of State's 2006 Country Report on Human \n Rights Practices states that Zimbabwe's 2002 presidential \n election and 2005 parliamentary elections were neither free nor \n fair, and reports that President Mugabe's government interfered \n with the campaign activities of the opposition, intimidated \n voters, and distributed food in a partisan manner.\n (3) The Department of State Report also finds that the \n Government of Zimbabwe continues to--\n (A) restrict freedom of assembly, movement, and \n association;\n (B) forcibly evict civilians from their land; and\n (C) harass and abuse members of the opposition, the \n media, the religious community, civil society, and \n organized labor.\n (4) According to the Freedom House Freedom in the World \n 2007 report, ``In 2006, Zimbabwe suffered from a further \n deterioration of political rights and civil liberties amid a \n near-total collapse of the country's economy.''.\n (5) Zimbabwe is a member of the United Nations, the African \n Union, the Southern African Development Community, the African \n Development Bank, the International Monetary Fund, and the \n World Trade Organization, and a party to the Universal \n Declaration of Human Rights, the African Charter on Human and \n Peoples' Rights, and the International Covenant on Civil and \n Political Rights.\n (6) Section 2 of the Zimbabwe Democracy and Economic \n Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) \n states, ``It is the policy of the United States to support the \n people of Zimbabwe in their struggle to effect peaceful, \n democratic change, achieve broad-based and equitable economic \n growth, and restore the rule of law.''.\n (7) In 2002 and 2003, the United States imposed financial \n and immigration sanctions targeted against selected \n individuals, a ban on the transfer of defense items and \n services, and a suspension of nonhumanitarian government-to-\n government assistance, although the United States remains one \n of the leading providers of humanitarian assistance to the \n people of Zimbabwe.\n (8) The United Nations, the European Union, the United \n States, human rights organizations, and many others have \n condemned the security forces of Zimbabwe for the beating, \n detention, and arrest of opposition and civil society members \n attending a prayer meeting on March 11, 2007.\n (9) In March 2007, the heads of state of the Southern \n African Development Community announced that the President of \n South Africa, Thabo Mbeki, will mediate between President \n Mugabe and the opposition Movement for Democratic Change in \n advance of the 2008 presidential election, but failed to \n condemn the Government of Zimbabwe for its human rights abuses \n and restriction of democratic space.\n (10) On March 30, 2007, it was announced that the ZANU-PF \n central committee had chosen President Mugabe as the party's \n candidate for the 2008 election and that the parliamentary \n elections will also be held in 2008, instead of 2010.\n (11) A Human Rights Watch report released in May 2007 \n concluded, ``Arbitrary arrests, detentions, and brutal beatings \n by police and security forces skyrocketed in March and April, \n and continue unabated. . . . The Zimbabwean government is \n violating the human rights of its citizens with impunity.''.\n\nSEC. 3. STATEMENT OF POLICY.\n\n It is the policy of the United States--\n (1) to support the people of Zimbabwe in their efforts to \n promote democracy and respect for human rights in Zimbabwe; and\n (2) to call on President Mugabe to immediately restore \n democracy and human rights in Zimbabwe.\n\nSEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE.\n\n The following is the sense of Congress:\n (1) The United States welcomes and commends the \n announcement by the Southern African Development Community that \n the President of South Africa, Thabo Mbeki, will lead \n negotiations between the ruling and opposition parties in \n Zimbabwe to resolve the political and humanitarian crisis in a \n way that reflects the will of the people of Zimbabwe and \n respects international standards.\n (2) The creation of a level playing field for those who \n want to participate in the political process in Zimbabwe and \n the encouragement of transparency in the political process \n should be priority objectives in the negotiations.\n (3) All preparations should be made to hold free, fair, and \n peaceful elections in accordance with international standards, \n such as the Southern African Development Community \n Parliamentary Forum Election Norms and Guidelines.\n (4) Cooperation between the United States, regional players \n in Africa, and the wider international community is an \n important component of a proactive strategy to support \n democratic rule and respect for human rights in Zimbabwe.\n (5) Normalized relations with the Government of Zimbabwe \n are desirable, but until the Government of Zimbabwe promotes \n democracy and the rule of law, the United States will continue \n to isolate the Government of Zimbabwe and expand financial and \n travel sanctions targeted against those responsible for \n repressing the people of Zimbabwe.\n (6) The United States Permanent Representative to the \n United Nations should use the voice and vote of the United \n States in the United Nations Security Council to emphasize the \n threat to international peace and security posed by the \n Government of Zimbabwe.\n\nSEC. 5. BRIEFING.\n\n (a) In General.--Not later than 60 days after the date of the \nenactment of this Act, and quarterly thereafter, the Secretary of State \nshall provide to Congress a briefing on the strategy of the United \nStates for engagement with Zimbabwe.\n (b) Content.--The briefing required by subsection (a) shall include \nthe following:\n (1) The details of a comprehensive policy of the United \n States to support the people of Zimbabwe in their efforts to \n promote democratic rule and respect for human rights in \n Zimbabwe, including support for free, fair and peaceful \n elections.\n (2) An assessment of the resources necessary to most \n effectively enable Zimbabwe to return peacefully to a state of \n democratic governance, with respect for human rights and the \n rule of law.\n (3) A diplomatic strategy for engaging and encouraging \n regional partners in Africa to help facilitate the transition \n of Zimbabwe to democracy.\n (4) A review of policy options in the event of further \n deterioration of the situation in Zimbabwe.\n (5) A review of policy options in the event of an \n improvement in the situation in Zimbabwe.\n (6) Indicators of progress toward democracy and respect for \n human rights that would allow for the removal of targeted \n bilateral sanctions on Zimbabwe and strengthened relations with \n the Government of Zimbabwe.\n (c) Consultation.--The Secretary of State shall, to the extent \npossible, develop the strategy described in subsection (a) in \nconsultation with--\n (1) the United Nations;\n (2) the African Union;\n (3) the Southern African Development Community;\n (4) other multilateral organizations; and\n (5) interested States.\n (d) Sunset.--The requirements of this section shall cease to be \neffective after the date that is 3 years after the date of the \nenactment of this Act.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--Notwithstanding any other provision of law, there \nare authorized to be appropriated up to $10,000,000 for the purpose \ndescribed in subsection (b).\n (b) Purpose.--The purpose described in this subsection is to \nsupport democracy and governance activities in Zimbabwe consistent with \nthe provisions of the Zimbabwe Democracy and Economic Recovery Act of \n2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through--\n (1) support for free, fair, and peaceful national elections \n in accordance with international standards;\n (2) support for the capacity of civil society to create \n nonviolent political space in Zimbabwe; and\n (3) support for programs to defend and protect the human \n rights of the people of Zimbabwe.\n ","summary":"Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is US policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe. And (2) call on President Mugabe to restore democracy and human rights in Zimbabwe. Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe. (2) preparations should be made to hold free elections in accordance with international standards. (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe. (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people. And (5) the United States should use its influence in the U. N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe. Directs the Secretary of State to provide Congress with quarterly briefings on US strategy for engagement with Zimbabwe. Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections, (2) creation of nonviolent political space, and (3) human rights programs.","title":"A bill to support democracy and human rights in Zimbabwe, and for other purposes.","text_len":10418,"sum_len":1696} {"bill_id":"113_s945","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access to Quality Diabetes Education \nAct of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Centers for Disease Control and Prevention \n (hereinafter ``CDC'') report that nearly 26,000,000 Americans \n have diabetes, in addition to an estimated 79,000,000 Americans \n who have prediabetes, an increase of 24,000,000 Americans with \n either diabetes or prediabetes since 2008. People with \n prediabetes are at increased risk of developing Type 2 diabetes \n or cardiovascular disease.\n (2) Diabetes impacts 8.3 percent of all Americans and 11.3 \n percent of American adults. The CDC estimates that as many as 1 \n in 3 Americans will have diabetes by 2050 if current trends \n continue.\n (3) According to the American Diabetes Association, the \n total costs of diagnosed diabetes have risen to $245 billion in \n 2012 from $174 billion in 2007, when the cost was last examined \n by the CDC. This figure represents a 41 percent increase over a \n five-year period.\n (4) One in 3 Medicare dollars is currently spent on people \n with diabetes.\n (5) There were 11.3 million diabetes related emergency room \n visits in 2008, compared with 9.5 million in 2000, an increase \n of 11 percent.\n (6) According to the CDC, health care providers are finding \n statistically significant increases in the prevalence of Type 2 \n diabetes in children and adolescents.\n (7) Diabetes self-management training (hereinafter \n ``DSMT''), also called diabetes education, provides critical \n knowledge and skills training to patients with diabetes, \n helping them manage medications, address nutritional issues, \n facilitate diabetes-related problem solving, and make other \n critical lifestyle changes to effectively manage their \n diabetes. Evidence shows that individuals participating in DSMT \n programs are able to progress along the continuum necessary to \n make sustained behavioral changes in order to manage their \n diabetes.\n (8) A certified diabetes educator is a State licensed or \n registered health care professional who specializes in helping \n people with diabetes develop the self-management skills needed \n to stay healthy and avoid costly acute complications and \n emergency care, as well as debilitating secondary conditions \n caused by diabetes.\n (9) Diabetes self-management training has been proven \n effective in helping to reduce the risks and complications of \n diabetes and is a vital component of an overall diabetes \n treatment regimen. Patients who have received training from a \n certified diabetes educator are better able to implement the \n treatment plan received from a physician skilled in diabetes \n treatment.\n (10) Lifestyle changes, such as those taught by certified \n diabetes educators, directly contribute to better glycemic \n control and reduced complications from diabetes. Evidence shows \n that the potential for prevention of the most serious medical \n complications caused by diabetes to be as high as 90 percent \n (blindness), 85 percent (amputations), and 50 percent (heart \n disease and stroke) with proper medical treatment and active \n self-management.\n (11) In recognition of the important role of DSMT programs, \n the CDC in 2012 awarded funding to expand the National Diabetes \n Prevention Program to help prevent the onset of Type 2 diabetes \n for individuals at high risk.\n (12) The net savings to the Medicare program of ensuring \n that beneficiaries have access to quality DSMT is estimated to \n be $2,000,000,000 over 10 years.\n (13) Despite its effectiveness in reducing diabetes-related \n complications and associated costs, diabetes self-management \n training has been recognized by the Centers for Medicare & \n Medicaid Services as an underutilized Medicare benefit, even \n after more than a decade of coverage.\n (14) Enhancing access to diabetes self-management training \n programs that are certified as necessary by the patient's \n treating physician and taught by certified diabetes educators \n is an important public policy goal that can help improve health \n outcomes, ensure quality, and reduce escalating diabetes-\n related health costs.\n\nSEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED \n PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT \n TRAINING SERVICES.\n\n (a) In General.--Section 1861(qq) of the Social Security Act (42 \nU.S.C. 1395x(qq)) is amended--\n (1) in paragraph (1), by striking ``by a certified provider \n (as described in paragraph (2)(A)) in an outpatient setting'' \n and inserting ``in an outpatient setting by a certified \n diabetes educator (as defined in paragraph (3)) or by a \n certified provider (as described in paragraph (2)(A))''; and\n (2) by adding at the end the following new paragraphs:\n ``(3) For purposes of paragraph (1), the term `certified diabetes \neducator' means an individual--\n ``(A) who is licensed or registered by the State in which \n the services are performed as a certified diabetes educator; or\n ``(B) who--\n ``(i) is licensed or registered by the State in \n which the services are performed as a health care \n professional;\n ``(ii) specializes in teaching individuals with \n diabetes to develop the necessary skills and knowledge \n to manage the individual's diabetic condition; and\n ``(iii) is certified as a diabetes educator by a \n recognized certifying body (as defined in paragraph \n (4)).\n ``(4) For purposes of paragraph (3)(B)(iii), the term `recognized \ncertifying body' means a certifying body for diabetes educators which \nis recognized by the Secretary as authorized to grant certification of \ndiabetes educators for purposes of this subsection pursuant to \nstandards established by the Secretary.''.\n (b) Treatment as a Practitioner, Including for Telehealth \nServices.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. \n1395u(b)(18)(C)) is amended by adding at the end the following new \nclause:\n ``(vii) A certified diabetes educator (as defined in \n section 1861(qq)(3)).''.\n (c) GAO Study and Report.--\n (1) Study.--The Comptroller General of the United States \n shall conduct a study to identify the barriers that exist for \n Medicare beneficiaries with diabetes in accessing diabetes \n self-management training services under the Medicare program, \n including economic and geographic barriers and availability of \n appropriate referrals and access to adequate and qualified \n providers.\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Comptroller General of the United \n States shall submit to Congress a report on the study conducted \n under paragraph (1).\n (d) AHRQ Development of Recommendations for Outreach Methods and \nReport.--\n (1) Development of recommendations.--The Director of the \n Agency for Healthcare Research and Quality shall, through use \n of a workshop and other appropriate means, develop a series of \n recommendations on effective outreach methods to educate \n physicians and other health care providers as well as the \n public about the benefits of diabetes self-management training \n in order to promote better health outcomes for patients with \n diabetes.\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Director of the Agency for \n Healthcare Research and Quality shall submit to Congress a \n report on the recommendations developed under paragraph (1).\n (e) Effective Date.--The amendments made by this section shall \napply to items and services furnished after the end of the 12-month \nperiod beginning on the date of the enactment of this Act.","summary":"Access to Quality Diabetes Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered certified diabetes educators or state-licensed or -registered health care professionals who specialize in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition and are certified as a diabetes educator by a recognized certifying body. Directs the Comptroller General (GAO) to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Requires the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and other health care providers as well as the public about the benefits of diabetes self-management training.","title":"Access to Quality Diabetes Education Act of 2013","text_len":8615,"sum_len":994} {"bill_id":"115_hr2734","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Enforcement and Trade Deficit \nReduction Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States market is widely recognized as one of \n the most open markets in the world. Average United States \n tariff rates are very low and the United States has limited, if \n any, nontariff barriers.\n (2) With each subsequent round of bilateral, regional, and \n multilateral trade negotiations, tariffs have been \n significantly reduced or eliminated for many manufactured \n goods, leaving nontariff barriers as the most pervasive, \n significant, and challenging barriers to United States exports \n and market opportunities.\n (3) Often the only leverage the United States has to obtain \n the reduction or elimination of nontariff barriers imposed by \n foreign countries is to negotiate the amount of tariffs the \n United States imposes on imports from those foreign countries.\n (4) The United States has become the world's largest net \n debtor nation, having run up massive trade deficits since the \n mid-1970s.\n (5) Every year since 1976, whether in expansion or \n recession, the United States has run a deficit in goods and \n services trade, which weakens and detracts from America's \n global leadership position.\n (6) The United States trade deficit in 1993, the year \n before the North American Free Trade Agreement (NAFTA) went \n into force, was $135.6 billion.\n (7) In 2015, the United States had a deficit in the balance \n of trade in goods and services of $939.8 billion.\n (8) In 2015, the United States had a trade deficit of $179 \n billion with countries with which it has free trade agreements.\n (9) Persistent deficits weaken the United States economy, \n defense industrial base, and innovation system and increase the \n likelihood of ownership of large segments of the United States \n economy by foreign interests.\n\nSEC. 3. WITHDRAWAL OF TARIFF CONCESSIONS.\n\n (a) In General.--If the Department of Commerce determines pursuant \nto subsection (c) that--\n (1) a tariff or nontariff barrier or policy or practice of \n the government of a foreign country with respect to United \n States exports of any product has not been reduced or \n eliminated in accordance with the terms of a trade agreement \n entered into between the United States and the foreign country; \n or\n (2) a tariff or nontariff barrier or policy or practice of \n such government with respect to United States exports of any \n product has been imposed or discovered,\nthe United States Trade Representative shall withdraw any modification \nof any duty that reduced or eliminated the bound or applied rate of \nduty on any product that has the same physical characteristics and uses \nas a product described in paragraph (1) or (2) until such time as the \nDepartment of Commerce submits to Congress a certification that the \nforeign government has reduced or eliminated the tariff or nontariff \nbarrier or policy or practice.\n (b) Investigation.--\n (1) In general.--The Department of Commerce shall initiate \n an investigation if an interested party files a petition with \n the Department of Commerce which alleges the elements necessary \n for the withdrawal of the modification of an existing duty \n under subsection (a), and which is accompanied by information \n reasonably available to the petitioner supporting such \n allegations.\n (2) Interested party defined.--For purposes of paragraph \n (1), the term ``interested party'' means--\n (A) a manufacturer, producer, or wholesaler in the \n United States of a domestic product that has the same \n physical characteristics and uses as the product for \n which a modification of an existing duty is sought;\n (B) a certified union or recognized union or group \n of workers engaged in the manufacture, production, or \n wholesale in the United States of a domestic product \n that has the same physical characteristics and uses as \n the product for which a modification of an existing \n duty is sought;\n (C) a trade or business association a majority of \n whose members manufacture, produce, or wholesale in the \n United States a domestic product that has the same \n physical characteristics and uses as the product for \n which a modification of an existing duty is sought; or\n (D) a member of the Committee on Ways and Means of \n the House of Representatives or a member of the \n Committee on Finance of the Senate.\n (c) Determination by the Department of Commerce.--Not later than 45 \ndays after the date on which a petition is filed under subsection (b), \nthe Department of Commerce shall--\n (1) determine whether the petition alleges the elements \n necessary for the withdrawal of the modification of an existing \n duty under subsection (a); and\n (2) notify the petitioner of the determination under \n paragraph (1) and the reasons for the determination.\n\nSEC. 4. TRADE DEFICIT REDUCTION.\n\n (a) Identification.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, and monthly thereafter, the \n Department of Commerce shall identify each country from which \n the value of goods and services imported into the United States \n exceeds twice the value of goods and services that are products \n of the United States that are exported from the United States \n to that country.\n (2) Statistical sources.--For purposes of the calculations \n described in this section, the Department of Commerce shall use \n the goods and services trade deficit data compiled by the \n United States International Trade Commission, specifically--\n (A) U.S. Imports for Consumption data, in the case \n of imports; and\n (B) U.S. Domestic Exports data, in the case of \n exports.\n (3) Exclusion of least developed countries.--For purposes \n of this subsection, the term ``country'' does not include a \n country that is identified on the most recent List of Least \n Developed Countries published by the United Nations Committee \n for Development Policy.\n (b) Action by U.S. Customs and Border Protection.--In the case of a \ncountry which is identified under subsection (a) for six consecutive \nmonths, U.S. Customs and Border Protection shall bar the importation of \nproducts from a country identified under subsection (a), other than \nthose granted a waiver under subsection (c), beginning 180 days after \nthe date on which a determination is made under subsection (a) until \nsuch time that--\n (1) such country is no longer identified under subsection \n (a); or\n (2) the President has provided written notice to Congress \n of the President's intention to enter into negotiations with \n such country to enter into a trade agreement, or changes to an \n existing trade agreement, with such country pursuant to section \n 105(a)(1)(A) of the Bipartisan Congressional Trade Priorities \n and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)(A)).\n (c) Waiver.--A manufacturer, producer, or wholesaler in the United \nStates may apply to the Department of Commerce to allow the importation \nof a product from a country identified under subsection (a), which the \nDepartment of Commerce shall grant--\n (1) if it is shown that such product is not available in \n sufficient quantities from other sources; and\n (2) for a period not to exceed one year.","summary":"Trade Enforcement and Trade Deficit Reduction Act This bill requires the Office of the US Trade Representative to withdraw tariff concessions granted to a foreign country if the Department of Commerce determines that such country has not reduced or eliminated a tariff or nontariff barrier on US exports in accordance with a trade agreement. Commerce must: (1) initiate an investigation if it receives a petition alleging that a foreign country has not complied with the tariff provisions of a trade agreement, and (2) identify each country whose imports of goods and services to the United States exceed twice the value of US exports to that country over a six month period. The US Customs and Border Protection must bar the importation of products from such a country unless a waiver is granted for such products to a US manufacturer, producer, or wholesaler.","title":"Trade Enforcement and Trade Deficit Reduction Act","text_len":8278,"sum_len":861} {"bill_id":"109_s2308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mine Safety and Health Act of \n2006''.\n\nSEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS.\n\n Section 101 of the Federal Mine Safety and Health Act of 1977 (30 \nU.S.C. 811) is amended by adding at the end the following:\n ``(f) Establishing Improved Mandatory Health and Safety \nStandards.--Notwithstanding any other provision of this section \nregarding the promulgation of mandatory health and safety standards, \nand in addition to the requirements of any mandatory safety and health \nstandard promulgated under this Act, the following shall be mandatory \nhealth and safety standards that apply to all coal or other mines:\n ``(1) Oxygen stations.--An operator shall strategically \n locate, within each area of an underground coal or other mine \n where miners are working, not less than 1 oxygen station that \n can provide the average number of miners expected to be working \n in such area with not less than a 4-day supply of oxygen.\n ``(2) Wireless emergency tracking devices.--An operator \n shall make available to each miner a wireless emergency \n tracking device that will enable rescuers to locate the miner \n in the event of an accident or emergency.\n ``(3) Wireless communications devices.--An operator shall \n require that each miner working in an underground coal or other \n mine carry a wireless text messaging or other wireless \n communications device that will enable rescuers or mine \n operators to communicate with the miner.\n ``(4) Communications among rescue workers.--In the event of \n a rescue operation, the operator of a coal or other mine shall \n ensure that communications relating to the rescue are \n transmitted only to the individuals participating in the rescue \n operation.\n ``(5) Secondary telephone service.--For each area within an \n underground coal or other mine where a miner is working, an \n operator shall provide secondary telephone service, or \n equivalent 2-way communication facilities, between the surface \n and the underground mine at an entry separate from the location \n of existing telephone service or equivalent facilities, in \n order to increase the likelihood of maintaining communications \n between the miner and surface or rescue personnel in the event \n of an accident or emergency.''.\n\nSEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS.\n\n (a) Accident Investigations and Internal Reviews.--Section 103 of \nthe Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is \namended--\n (1) in subsection (a), by adding at the end the following: \n ``In the case of an investigation of an accident or other \n occurrence relating to health or safety in a coal or other \n mine, the Secretary, or the authorized representative of the \n Secretary, shall conduct interviews of the miners regarding the \n accident or occurrence without having a representative of the \n operator present.''; and\n (2) in subsection (b), by adding at the end the following: \n ``The Secretary shall promulgate regulations establishing rules \n for conducting an investigation of any accident relating to \n health or safety in a coal or other mine and for holding \n hearings relating to such investigation. Not later than 30 days \n after completing such investigation or a review regarding the \n Administration's response to such accident, the Secretary shall \n submit the report regarding the investigation or review to the \n Committee on Appropriations and the Committee on Health, \n Education, Labor, and Pensions of the Senate and the Committee \n on Appropriations and the Committee on Education and the \n Workforce of the House of Representatives.''.\n (b) Quarterly Review of Certain Plans.--Section 103 of the Federal \nMine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding \nat the end the following:\n ``(l) Quarterly Review.--Notwithstanding any mandatory safety and \nhealth standard promulgated under this Act, the Secretary or the \nSecretary's authorized representative shall review the ventilation \nsystem and methane and dust control plan and the roof control plan of \nan operator at least once every 3 months.''.\n (c) Progress Check.--Section 104(a) of the Federal Mine Safety and \nHealth Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the \nthird sentence the following: ``Not later than 24 hours after an \noperator has received a citation under this subsection, an authorized \nrepresentative of the Secretary shall contact the operator to ensure \nthat the operator is taking steps to abate the violation in the \nreasonable time specified in the citation.''.\n\nSEC. 4. EMERGENCY CALL CENTER.\n\n Section 104 of the Federal Mine Safety and Health Act of 1977 (30 \nU.S.C. 814) is amended by adding at the end the following:\n ``(l) Emergency Call Center.--\n ``(1) In general.--The Secretary shall establish, within \n the Administration, a central communications emergency call \n center for all coal and other mine operations that shall be \n staffed and operated 24 hours a day, 7 days a week. All calls \n placed to the emergency call center shall be answered by an \n individual.\n ``(2) Contact list.--To assist in the operation of the \n emergency call center, the Secretary shall provide the \n emergency call center with an emergency contact list that \n contains the contact information for all coal or other mines \n subject to this Act and shall update the contact list on a \n quarterly basis.''.\n\nSEC. 5. PENALTIES.\n\n (a) Increased Penalties and User Fees.--Section 110 of the Federal \nMine Safety and Health Act of 1977 (30 U.S.C. 820) is amended--\n (1) in subsection (a)--\n (A) in the first sentence, by inserting before the \n period ``, except that a flagrant violation may be \n assessed a civil penalty of not more than $500,000'';\n (B) in the second sentence, by inserting ``, other \n than a flagrant violation,'' after ``safety standard''; \n and\n (C) by adding at the end the following: ``In this \n subsection, the term `flagrant violation' means a \n reckless or repeated failure to make reasonable efforts \n to eliminate a known violation of a mandatory health \n and safety standard that substantially and proximately \n caused, or reasonably could be expected to cause, death \n or serious bodily injury.'';\n (2) in subsection (b), by striking ``$5,000'' and inserting \n ``$55,000'';\n (3) in subsection (d)--\n (A) by inserting ``knowingly exposes miners to \n situations likely to cause death or serious bodily \n injury,'' after ``operator who'';\n (B) by striking ``$25,000'' and inserting \n ``$250,000''; and\n (C) by striking ``$50,000'' and inserting \n ``$500,000'';\n (4) in subsection (e), by striking ``$1,000'' and inserting \n ``$20,000'';\n (5) in subsection (f), by striking ``$10,000'' and \n inserting ``$100,000'';\n (6) by redesignating subsections (i) through (k) and \n subsection (l) as subsections (j) through (l) and subsection \n (o), respectively;\n (7) by inserting after subsection (h) the following:\n ``(i) Failure to Inform.--Any operator who fails to inform the \nSecretary of a disaster relating to a coal or other mine within the 15-\nminute period following the occurrence of the disaster shall be subject \nto a civil penalty of not less than $100,000. The Secretary may waive \nthe penalty under this subsection if the Secretary determines that the \nfailure to inform within the time period was caused by circumstances \noutside the control of the operator.''; and\n (8) by inserting after subsection (l) (as so redesignated \n by paragraph (6)) the following:\n ``(m) Minimum Fine or Penalty.--\n ``(1) Serious illness or injury hazard.--A fine or civil \n penalty assessed under this section for a violation of a \n mandatory health or safety standard, or other provision of this \n Act, that could cause serious illness or injury shall be in an \n amount of not less than $10,000.\n ``(2) Habitual violator.--A fine or civil penalty assessed \n under this section, to any operator of a coal or other mine who \n habitually violates this Act, for a violation of a mandatory \n health or safety standard, or other provision of this Act, that \n could significantly and substantially contribute to a safety or \n health hazard shall be in an amount of not less than $20,000.\n ``(n) User Fees.--An operator who incurs a civil penalty or fine \nunder this section shall, in addition to the amount of such penalty or \nfine, be assessed a user fee of $100 for each such penalty or fine. \nSuch fees shall be collected by the Secretary to be deposited in an \nAdministration account and shall be used to augment the amounts \nappropriated to the Administration for carrying out the following \nactivities:\n ``(1) To reimburse operators for the cost of training, \n research and development, rescue teams, safe rooms, or other \n supplies or equipment for miner safety.\n ``(2) To enable the Administration to provide technical \n support, educational policy and development, and program \n evaluation and information activities in accordance with this \n Act.''.\n (b) No Reduction of Certain Fines.--Section 105(d) of the Federal \nMine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the \nfirst sentence by inserting ``, except that the Commission shall not \ndecrease a civil penalty assessed for a flagrant violation, as defined \nin section 110(a), or for a habitual violation'' after ``appropriate \nrelief''.\n\nSEC. 6. MANDATORY HEALTH AND SAFETY TRAINING.\n\n Section 115(a) of the Federal Mine Safety and Health Act of 1977 \n(30 U.S.C. 825(a)) is amended--\n (1) by redesignating paragraph (5) as paragraph (7); and\n (2) by inserting after paragraph (4) the following:\n ``(5) all miners shall receive initial training in the \n proper usage of wireless communications devices and shall \n receive refresher training courses on such usage not less often \n than once each calendar year;\n ``(6) each rescue team for the mine shall participate in a \n surprise, unannounced emergency rescue drill at an operating \n mine not less often than 2 times each calendar year; and''.","summary":"Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station, (2) wireless emergency tracking devices, (3) wireless communication devices. (4) restricting communications relating to a rescue operation only to individuals participating in the rescue. And (5) secondary telephone service. Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator. Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents. And (2) report to specified congressional committees within 30 days of completing an investigation. Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan. And (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation. Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations. Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety. Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.","title":"A bill to amend the Federal Mine Safety and Health Act of 1977 to improve mine safety, and for other purposes.","text_len":11154,"sum_len":1758} {"bill_id":"114_hr2398","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Identity Defense Act \nof 2015''.\n\nSEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO \n IDENTITY THEFT.\n\n (a) In General.--Subsection (l) of section 6103 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(23) Disclosure of return information in certain cases of \n identity theft.--\n ``(A) In general.--If the Secretary has reason to \n believe that there has been a fraudulent use of a \n social security account number on a statement described \n in section 6051--\n ``(i) the Secretary shall disclose to the \n individual who was validly assigned such social \n security account number--\n ``(I) that the Secretary has reason \n to believe that the social security \n account number assigned to such \n individual has been fraudulently used \n in the employment context,\n ``(II) that the Secretary has made \n the disclosure described in clause (ii) \n to the Director of the Federal Bureau \n of Investigation and the Attorney \n General with respect to such fraudulent \n use, and\n ``(III) such other information \n (other than return information) as the \n Secretary determines, in consultation \n with Federal Trade Commission, would be \n helpful and appropriate to provide to a \n victim of identity theft, and\n ``(ii) the Secretary shall disclose to the \n Director of the Federal Bureau of Investigation \n and the Attorney General--\n ``(I) such social security account \n number,\n ``(II) that the Secretary has \n reason to believe that such social \n security account number has been \n fraudulently used in the employment \n context, and\n ``(III) the taxpayer identity \n information of the individual who was \n assigned such social security account \n number, the individual believed to have \n fraudulently used such social security \n account number, and the employer who \n made the statement described in section \n 6051 which included such social \n security account number.\n ``(B) Restriction on disclosure to law \n enforcement.--\n ``(i) Disclosure to other law enforcement \n officials.--The Director of the Federal Bureau \n of Investigation and the Attorney General may \n disclose information received under \n subparagraph (A)(ii) to appropriate Federal, \n State, and local law enforcement officials.\n ``(ii) Restriction on use of disclosed \n information.--Return information disclosed \n under subparagraph (A)(ii) may be used by \n Federal, State, and local law enforcement \n officials only for purposes of carrying out \n criminal investigations or prosecutions.\n ``(iii) Memorandum of understanding.--For \n purposes of this paragraph, any return \n information disclosed under subparagraph \n (A)(ii) may not be provided to any State or \n local law enforcement official until such \n official has entered into a memorandum of \n understanding with the Secretary that includes \n the following terms and conditions:\n ``(I) Confidentiality of returns \n and return information and prohibitions \n on disclosure described in subsection \n (a)(3).\n ``(II) Safeguards, restrictions on \n access, and recordkeeping requirements \n described in subsection (p)(4).\n ``(III) Application of penalties \n for unauthorized disclosure of returns \n and return information under section \n 7213(a)(2).\n ``(IV) Any additional terms and \n conditions deemed appropriate by the \n Secretary.''.\n (b) Prevention of Identity Theft.--In the case of an employee for \nwhom the Commissioner of the Social Security Administration has reason \nto believe that the social security number included on any statement \ndescribed in section 6051(a) of the Internal Revenue Code of 1986 with \nrespect to such employee is not the correct social security number for \nsuch employee, the Commissioner shall provide notification to the \nemployer for such employee which includes--\n (1) the name of the employee and the social security number \n included on such statements; and\n (2) relevant information regarding the availability of the \n Social Security Number Verification Service for verification of \n social security numbers.\n (c) Conforming Amendments Related to Disclosure.--\n (1) Confidentiality.--Paragraph (3) of section 6103(a) of \n such Code is amended by striking ``or (21)'' and inserting \n ``(21), or (23)''.\n (2) Procedures and recordkeeping related to disclosures.--\n Paragraph (4) of section 6103(p) of such Code is amended by \n striking ``or (20)'' each place it appears and inserting \n ``(20), or (23)''.\n (3) Unauthorized disclosure or inspection.--Paragraph (2) \n of section 7213(a) of such Code is amended by striking ``or \n (21)'' and inserting ``(21), or (23)''.\n\nSEC. 3. PENALTIES FOR TAX-RELATED IDENTITY THEFT.\n\n (a) In General.--Section 1028A(c) of title 18, United States Code, \nis amended--\n (1) by redesignating paragraphs (8) through (11) as \n paragraphs (10) through (13), respectively; and\n (2) by inserting after paragraph (7) the following new \n paragraphs:\n ``(8) section 286 (relating to conspiracy to defraud the \n government with respect to claims), section 287 (relating to \n false, fictitious, or fraudulent claims), section 371 (relating \n to conspiracy to commit an offense or to defraud the United \n States), section 1001 (relating to statements or entries), \n section 1341 (relating to frauds and swindles), section 1342 \n (relating to a fictitious name or address), section 1343 \n (relating to fraud by wire, radio, or television), or section \n 1344 (relating to bank fraud), if the felony violation is a \n tax-related offense punishable under such section;\n ``(9) section 7206 of the Internal Revenue Code of 1986 \n (relating to fraud and false statements);''.\n (b) Penalty for Misappropriation of Tax Identification Numbers.--\n (1) In general.--Part I of subchapter B of chapter 68 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new section:\n\n``SEC. 6720D. MISAPPROPRIATION OF TAX IDENTIFICATION NUMBER.\n\n ``In addition to any penalty provided by law, any person who \nknowingly or willfully misappropriates another person's tax \nidentification number in connection with any list, return, account, \nstatement, or other document submitted to the Secretary shall pay a \npenalty of $5,000.''.\n (2) Conforming amendment.--The table of sections for part I \n of subchapter B of chapter 68 of such Code is amended by adding \n at the end the following new item:\n\n``Sec. 6720D. Misappropriation of tax identification number.''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to returns and information submitted after the date \n of the enactment of this Act.","summary":"Social Security Identity Defense Act of 2015 This bill amends the Internal Revenue Code, with respect to the disclosure of tax return information in cases of identity theft, to require the Department of the Treasury to: (1) disclose to the holder of a valid social security account number that there is reason to believe that there has been anbsp, fraudulent use of such account number, andnbsp, (2) disclose to the Federal Bureau of Investigation (FBI)nbsp, and the Department of Justice (DOJ)nbsp. Such social security account number, that there is reason to believe that such account number has been fraudulently used in the employment context, and the taxpayer identity information of the individual who was assigned such account number. The bill authorizes the FBI and DOJ to disclose taxpayer information to appropriate federal, state, and local law enforcement officials solely for purposes of carrying out criminal investigations or prosecutions. The bill also imposes new criminal and civil penalties for tax-related identity theft and misappropriation of tax identification numbers.","title":"Social Security Identity Defense Act of 2015","text_len":9231,"sum_len":1092} {"bill_id":"105_hr1918","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reno, Nevada, Railroad Right-of-Way \nConveyance Validation Act''.\n\nSEC. 2. VALIDATION OF CONVEYANCES.\n\n Except as provided in section 4, the conveyances described in \nsection 3 (involving certain lands in Washoe County, State of Nevada) \nconcerning lands that form parts of the right-of-way granted by the \nUnited States to the Central Pacific Railway Company in the Act \nentitled ``An Act to aid in the Construction of a Railroad and \nTelegraph Line from the Missouri River to the Pacific Ocean, and to \nsecure to the Government the Use of the same for Postal, Military, and \nOther Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are \nlegalized, validated, and confirmed, as far as any interest of the \nUnited States in such lands is concerned, with the same force and \neffect as if the land involved in each such conveyance had been held, \non the date of such conveyance, under absolute fee simple title by the \ngrantor of such land.\n\nSEC. 3. CONVEYANCES OF LANDS IN WASHOE COUNTY, STATE OF NEVADA.\n\n The conveyances of land in Washoe County, State of Nevada, referred \nto in section 2 are as follows:\n (1) The conveyance entered into between Charles Crocker, \n grantor, and A. Montminy, grantee, recorded June 10, 1868, in \n book 2, at page 417, in the deed records of the county of \n Washoe.\n (2) The conveyance entered into between Charles Crocker, \n grantor, and U. Harris, grantee, recorded June 22, 1868, in \n book 2, at page 430, in the deed records of the county of \n Washoe.\n (3) The conveyance entered into between Charles Crocker, \n grantor, and Mark Lovely, grantee, recorded July 16, 1868, in \n book 2, at page 569, in the deed records of the county of \n Washoe.\n (4) The conveyance entered into between Charles Crocker, \n grantor, and Marco Medin and Paul Mavrich, grantees, recorded \n July 20, 1868, in book 2, at page 462, in the deed records of \n the county of Washoe.\n (5) The conveyance entered into between Charles Crocker, \n grantor, and S. Barclay, grantee, recorded September 21, 1868, \n in book 2, at page 513, in the deed records of the county of \n Washoe.\n (6) The conveyance entered into between Charles Crocker, \n grantor, and John Piper, grantee, recorded December 18, 1868, \n in book 2, at page 613, in the deed records of the county of \n Washoe.\n (7) The conveyance entered into between Charles Crocker, \n grantor, and William H. Potter, grantee, recorded June 28, \n 1869, in book 3, at page 15, in the deed records of the county \n of Washoe.\n (8) The conveyance entered into between Charles Crocker, \n grantor, and O.C. Madden, recorded November 16, 1870, in book \n 3, at page 299, in the deed records of the county of Washoe.\n (9) The conveyance entered into between Charles Crocker, \n grantor, and Peter Zenovich and George Zenovich, grantees, \n recorded August 12, 1871, in book 3, at page 519, in the deed \n records of the county of Washoe.\n (10) The conveyance entered into between Charles Crocker, \n grantor, and Mrs. M.A. Pine, grantee, recorded August 21, 1871, \n in book 3, at page 527, in the deed records of the county of \n Washoe.\n (11) The conveyance entered into between Charles Crocker, \n grantor, and T.R. Hughes, grantee, recorded October 11, 1871, \n in book 3, at page 552, in the deed records of the county of \n Washoe.\n (12) The conveyance entered into between Charles Crocker, \n grantor, and Joseph Leonard, grantee, recorded December 10, \n 1873, in book 4, at page 568, in the deed records of the county \n of Washoe.\n (13) The conveyance entered into between Charles Crocker, \n grantor, and S.M. Jamison, grantee, recorded August 17, 1875, \n in book 5, at page 606, in the deed records of the county of \n Washoe.\n (14) The conveyance entered into between Charles Crocker, \n grantor, and W.R. Chamberlain and W.S. Bender, grantees, \nrecorded April 6, 1876, in book 6, at page 77, in the deed records of \nthe county of Washoe.\n (15) The conveyance entered into between Charles Crocker, \n grantor, and C.S. Martin, grantee, recorded September 29, 1880, \n in book 8, at page 628, in the deed records of the county of \n Washoe.\n (16) The conveyance entered into between Charles Crocker, \n grantor, and E.C. McKenney, grantee, recorded October 7, 1881, \n in book 9, at page 296, in the deed records of the county of \n Washoe.\n (17) The conveyance entered into between Charles Crocker, \n grantor, and Josephine E. McCutchen, recorded May 2, 1891, in \n book 15, at page 401, in the deed records of the county of \n Washoe.\n (18) The conveyance entered into between the Southern \n Pacific Transportation Company, grantor, and Lincoln Management \n Company, Inc., a Nevada corporation, as to an undivided 50 \n percent interest, Donald L. Carano, a married man, as to an \n undivided 33 percent interest, and Raymond J. Poncia, Jr., an \n unmarried man, as to an undivided 17 percent interest as \n tenants in common, grantees, recorded September 30, 1988, in \n book 2806, at page 950, as instrument no. 1278084, in the \n official records of the county of (Washoe).\n (19) The conveyance entered into between the Southern \n Pacific Transportation Company, grantor, and Western Pacific \n Development Corporation, a Delaware corporation grantee, \n recorded October 5, 1988, in book 2809, at page 522, as \n instrument no. 1279168, and by Correction Deed recorded July \n 31, 1989, in book 2943, at page 902, as instrument no. 1340306 \n in the official records of the county of Nevada.\n (20) The conveyance entered into between the Southern \n Pacific Transportation Company, grantor, and Zante, Inc., a \n Nevada corporation, grantee, recorded May 31, 1989, in book \n 2916, at page 825, as instrument no. 1327855 in the official \n records of the county of Nevada.\n (21) The conveyance entered into between the Southern \n Pacific Transportation Company, grantor, and Frank F. Knafel, \n an individual, grantee, recorded September 29, 1989, in book \n 2971, at page 120, as instrument no. 1352564 in the official \n records of the county of Nevada.\n (22) The conveyances entered into between the Southern \n Pacific Transportation Company, grantor, and George E. Croom, \n Jr., and Sharon M. Croom, as Trustees of The Lake Trust, \n grantee, recorded August 25, 1990, in book 3131, at page 608, \n as instrument no. 1422684 in the official records of the county \n of Nevada.\n (23) The conveyance entered into between the Southern \n Pacific Transportation Company, grantor, and the Redevelopment \n Agency of the City of Reno, a governmental agency, grantee, \n recorded December 11, 1992, in book 3630, at page 297, as \n instrument no. 1629655 in the official records of the county of \n Nevada.\n\nSEC. 4. LIMITATIONS ON VALIDATION OF CONVEYANCES.\n\n (a) Scope.--Nothing in this Act shall be construed to--\n (1) diminish the right-of-way referred to in section 2 to a \n width of less than 50 feet on each side of the center of the \n main track or tracks maintained by the Southern Pacific \n Transportation Company on the date of enactment of this Act; or\n (2) legalize, validate, or confirm, with respect to any \n land that is the subject of a conveyance referred to in section \n 3, any right or title to, or interest in, such land arising out \n of adverse possession, prescription, or abandonment, and not \n confirmed by such conveyance;\n (3) impair any existing rights of access in favor of the \n public or any owner of adjacent lands over, under, or across \n the lands which are referred to in section 3.\n (b) Minerals.--\n (1) The United States hereby reserves any federally owned \n minerals that may exist in land that is conveyed pursuant to \n section 2 of this Act, including the right of the United \n States, its assignees or lessees, to enter upon and utilize as \n much of the surface of said land as is necessary to remove \n minerals under the laws of the United States.\n (2) Any and all minerals reserved by paragraph (1) are \n hereby withdrawn from all forms of entry, appropriation, and \n patent under the mining, mineral leasing, and geothermal \n leasing laws of the United States.","summary":"Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act - Validates the conveyances from the United States to the Central Pacific Railway Company of certain lands in Washoe County, Nevada, constituting parts of a right-of-way granted to such Railway. Reserves to the United States any federally owned mineral rights in such lands.","title":"Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act","text_len":9081,"sum_len":336} {"bill_id":"110_s2912","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sportsmanship in Hunting Act of \n2008''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The ethic of hunting involves the consideration of fair \n chase, which allows the animal the opportunity to avoid the \n hunter.\n (2) At more than 1,000 commercial canned hunt operations \n across the country, trophy hunters pay a fee to shoot captive \n exotic animals, from African lions to giraffes and blackbuck \n antelope, in fenced-in enclosures.\n (3) Clustered in a captive setting at unusually high \n densities, confined exotic animals attract disease more readily \n than more widely dispersed native species who roam freely.\n (4) The transportation of captive exotic animals to \n commercial canned hunt operations can facilitate the spread of \n disease across great distances.\n (5) The regulation of the transport and treatment of exotic \n animals on shooting preserves falls outside the traditional \n domains of State agriculture departments and State fish and \n game agencies.\n (b) Purposes.--This Act--\n (1) is limited in its purpose and will not limit the \n licensed hunting of any native mammals or any native or exotic \n birds;\n (2) does not aim to criticize those hunters who pursue \n animals that are not enclosed within a fence; and\n (3) does not attempt to prohibit slaughterhouse activities, \n nor does it aim to prohibit the routine euthanasia of \n domesticated farm animals.\n\nSEC. 3. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF \n KILLING OR INJURING THEM.\n\n (a) In General.--Chapter 3 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 50. Exotic animals\n ``(a) Prohibition.--\n ``(1) In general.--Whoever, in or substantially affecting \n interstate or foreign commerce, knowingly transfers, \n transports, or possesses a confined exotic animal, for the \n purposes of allowing the killing or injuring of that animal for \n entertainment or for the collection of a trophy, shall be fined \n under this title, imprisoned not more than 1 year, or both.\n ``(2) Exception.--This section shall not apply to the \n killing or injuring of an exotic animal in a State or Federal \n natural area reserve undertaking habitat restoration.\n ``(b) Definitions.--In this section--\n ``(1) the term `confined exotic animal' means a mammal of a \n species not historically indigenous to the United States, that \n has been held in captivity, whether or not the defendant knows \n the length of the captivity, for the shorter of--\n ``(A) the majority of the animal's life; or\n ``(B) a period of 1 year; and\n ``(2) the term `captivity' does not include any period \n during which an animal lives as it would in the wild--\n ``(A) surviving primarily by foraging for naturally \n occurring food;\n ``(B) roaming at will over an open area of not less \n than 1,000 acres; and\n ``(C) having the opportunity to avoid hunters.\n ``(c) Enforcement.--\n ``(1) In general.--Any person authorized by the Secretary \n of the Interior, acting through the Director of the United \n States Fish and Wildlife Service, may--\n ``(A) without a warrant, arrest any person that \n violates this section (including regulations \n promulgated under this section) in the presence or view \n of the arresting person;\n ``(B) execute any warrant or other process issued \n by an officer or court of competent jurisdiction to \n enforce this section; and\n ``(C) with a search warrant, search for and seize \n any animal taken or possessed in violation of this \n section.\n ``(2) Forfeiture.--Any animal seized with or without a \n search warrant shall be held by the Secretary or by a United \n States marshal, and upon conviction of the defendant, shall be \n forfeited to the United States and disposed of by the Secretary \n of the Interior in accordance with law.\n ``(3) Assistance.--The Director of the United States Fish \n and Wildlife Service may use by agreement, with or without \n reimbursement, the personnel and services of any other Federal \n or State agency for the purpose of enforcing this section.''.\n (b) Technical Amendment.--The analysis for chapter 3 of title 18, \nUnited States Code, is amended by adding at the end the following:\n\n``Sec. 50. Exotic animals.''.","summary":"Sportsmanship in Hunting Act of 2008 - Amends the federal criminal code to prohibit anyone, in or substantially affecting interstate or foreign commerce, from knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of such animal for entertainment or for the collection of a trophy. Exempts the killing or injuring of an exotic animal in a state or federal natural area reserve undertaking habitat restoration from such prohibition. Defines confined exotic animal as a mammal of a species not historically indigenous to the United States that has been held in captivity for the majority of its life or for a period of one year. Allows persons authorized by the Secretary of the Interior to make arrests, execute warrants, and search for and seize animals to enforce the provisions of this Act.","title":"A bill to amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.","text_len":5007,"sum_len":863} {"bill_id":"106_hr3685","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``USDA Civil Rights Resolution Act of \n2000''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) there exists a strong public policy against \n discrimination against minority groups, whether the \n discrimination is committed by private persons or by the \n Federal Government in the operation of its programs;\n (2) whenever discrimination occurs in the conduct of \n Federal programs, the responsible Federal agencies should take \n quick and aggressive action to remedy the discrimination;\n (3) in 1997, it was determined that the Department of \n Agriculture had, for decades, been guilty of civil rights \n violations against United States agricultural producers \n participating, or attempting to participate, in Department \n programs;\n (4) in 1998, Congress created a 2-year waiver of the \n statute of limitations to allow persons injured by \n discrimination by the Department to seek redress in court or by \n filing an administrative compliant with the Department;\n (5) despite the waiver of the statute of limitations, it \n remains a difficult challenge to ensure that agricultural \n producers injured by discrimination by the Department over the \n years will get a speedy and balanced resolution of their \n complaints because it appears now that--\n (A) a number of complaints that have already been \n investigated by investigators hired by the Office of \n Civil Rights of the Department are not being resolved; \n and\n (B) nothing is being done to expeditiously resolve \n these cases; and\n (6) it is unfair for agricultural producers to be faced \n with these delays because--\n (A) the producers cannot get on with their lives, \n or plan their farming operations, until their \n complaints are resolved; and\n (B) the producers are being wronged a second time \n by delays in resolving meritorious complaints.\n (b) Purposes.--It is the purpose of this Act--\n (1) to impose on the Department of Agriculture a reasonable \n time limit to resolve the complaints described in subsection \n (a); and\n (2) if the Department fails to meet the reasonable time \n limit, to enable complainants to seek the experience and \n expertise of the Civil Rights Division of the Department of \n Justice in resolving the complaints in a timely manner.\n\nSEC. 3. WAIVER OF STATUTE OF LIMITATIONS.\n\n Section 741(b) of the Agriculture, Rural Development, Food and Drug \nAdministration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. \n2279 note; Public Law 105-277) is amended--\n (1) by redesignating paragraphs (1), (2), and (3) as \n subparagraphs (A), (B), and (C), respectively;\n (2) by striking ``(b) The'' and inserting the following:\n ``(b) Administrative Determinations.--\n ``(1) In general.--The'';\n (3) by indenting the margins of subparagraphs (A), (B), and \n (C) (as so redesignated) to reflect the amendment made by \n paragraph (2); and\n (4) by adding at the end the following:\n ``(2) Review by department of justice.--\n ``(A) In general.--If a complainant seeks a \n determination by the Department of Agriculture on the \n merits of an eligible complaint under paragraph (1) and \n the complaint is not resolved by the Department within \n 270 days after the complaint has been investigated by \n the Department, the complainant may petition the Civil \n Rights Division of the Department of Justice--\n ``(i) to review the complaint; and\n ``(ii) to make recommendations to the \n Department of Agriculture to resolve the \n complaint.\n ``(B) Deadline.--The Civil Rights Division of the \n Department of Justice shall conduct the review, and \n make recommendations to resolve the complaint, not \n later than 30 days after the complainant files a \n petition under subparagraph (A).\n ``(C) Access to review for other cases.--\n ``(i) In general.--The right to review by \n the Department of Justice under this paragraph \n shall be made available to any complainant with \n a complaint that--\n ``(I) is not considered an eligible \n complaint under the time criteria \n described in subsection (e); and\n ``(II) is pending at the Office of \n Civil Rights of the Department of \n Agriculture on the date of enactment of \n this paragraph.\n ``(ii) Tolling.--In the case of any \n complaint that is reviewed by the Department of \n Justice under this paragraph, after the review \n process is completed--\n ``(I) the complainant--\n ``(aa) shall be deemed to \n have exhausted the \n administrative remedies of the \n complainant; and\n ``(bb) may file an action \n on the complaint in United \n States District Court; and\n ``(II) any applicable statute of \n limitations shall be tolled for the \n period beginning on the date that the \n complaint was filed at the Department \n of Agriculture and ending on the date \n of completion of the review by the \n Department of Justice.''.","summary":"Makes the right to review by the Department of Justice available to any complainant with a complaint that: (1) is not considered an eligible complaint under specified time criteria. And (2) is pending at the Office of Civil Rights of the Department of Agriculture on this Act's enactment date. Deems complainants to have exhausted administrative remedies after review is completed and authorizes the filing of actions after such time in a district court. Requires the tolling of any statute of limitations beginning on the date the complaint was filed at the Department of Agriculture and ending on date of completion of review by the Department of Justice.","title":"USDA Civil Rights Resolution Act of 2000","text_len":6602,"sum_len":657} {"bill_id":"108_s1303","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Quality Cancer Care Preservation \nAct''.\n\nSEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS.\n\n (a) In General.--Section 1842(o)(1) of the Social Security Act (42 \nU.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average \nwholesale price'' and inserting ``the payment amount specified in \nsection 1834(n)(2)''.\n (b) Determination of Payment Amount.--Section 1834 of such Act (42 \nU.S.C. 1395m) is amended by adding at the end the following new \nsubsection:\n ``(n) Payment for Drugs and Biologicals.--\n ``(1) Reports by manufacturers.--\n ``(A) In general.--Every drug manufacturer shall \n report to the Secretary, in the manner prescribed in \n this paragraph, its average sales price (as defined in \n subparagraph (B)) in the United States during each \n calendar quarter for drugs and biologicals covered \n under this part.\n ``(B) Definitions.--For purposes of this \n subsection--\n ``(i) the term `manufacturer' means, with \n respect to a drug or biological, the entity \n identified by the Labeler Code portion of the \n National Drug Code of such drug or biological; \n and\n ``(ii) the term `average sales price' means \n the weighted average of all final sales prices \n to all purchasers, excluding sales specified in \n subparagraph (C).\n In determining such average sales prices, such prices \n shall be net of volume discounts, chargebacks, short-\n dated product discounts, free goods contingent on \n purchases, rebates (other than those made or authorized \n under section 1927), and all other price concessions \n that result in a reduction of the ultimate cost to the \n purchaser.\n ``(C) Consideration in calculation of average sales \n prices.--The calculation of average sales price under \n this subsection shall not include--\n ``(i) prices that are excluded from the \n calculation of `best price' under section \n 1927(c)(1)(C);\n ``(ii) prices offered to entities that are \n considered under subparagraph (B)(i) to be the \n manufacturers of the drugs or biologicals \n involved;\n ``(iii) prices offered by a manufacturer to \n a hospital, nursing facility, hospice, or \n health maintenance organization;\n ``(iv) prices to governmental entities; and\n ``(v) nominal prices offered to bona fide \n charitable organizations.\n ``(D) Quarterly reports.--Each manufacturer shall \n submit the report required by subparagraph (A) to the \n Secretary by electronic means no later than 30 days \n after the end of a calendar quarter with respect to \n sales that occurred during such quarter. The Secretary \n shall prescribe the format and other requirements for \n the report.\n ``(E) Enforcement.--\n ``(i) Failure to timely report.--The \n Secretary may impose a civil monetary penalty \n in an amount not to exceed $100,000 on a \n manufacturer that fails to provide the \n information required under this paragraph on a \n timely basis and in the manner required.\n ``(ii) False information.--For each item of \n false information, the Secretary may impose a \n civil money penalty in an amount not to exceed \n $100,000 on a manufacturer that knowingly \n provides false information under this \n paragraph.\n ``(iii) Manner of imposition of civil \n monetary penalties.--The provisions in section \n 1128A (other than subsections (a) and (b)) \n shall apply to a civil monetary penalty under \n this subparagraph in the same manner as such \n provisions apply to a penalty or proceeding \n under section 1128A(a).\n ``(F) Confidentiality of information.--\n Notwithstanding any other provision of law, information \n disclosed by manufacturers under this paragraph is \n confidential and shall not be disclosed by the \n Secretary in any form other than as specifically \n authorized by this subsection.\n ``(2) Calculation of payment amount.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the payment amount for a drug or \n biological furnished during a calendar quarter shall be \n 120 percent of the average sales price of the drug or \n biological for the second preceding calendar quarter as \ndetermined under paragraph (1).\n ``(B) Methodology.--In determining payment amounts \n under subparagraph (A), the Secretary may, in the \n Secretary's discretion, use either the average sales \n price for each drug or biological by specific drug or \n biological, or a cumulative average sales price based \n on sales data for all versions of a multiple-source \n drug that the Secretary, acting through the Food and \n Drug Administration, has determined are therapeutically \n equivalent (as evidenced by `A' ratings in the \n publication Approved Drug Products with Therapeutic \n Equivalence Evaluations).\n ``(C) Increase to reflect additional costs \n attributable to state and local taxes.--In the case of \n a drug or biological that was subject to a State or \n local sales tax or gross receipts tax when administered \n or dispensed, the payment amount determined under \n subparagraph (A) shall be increased by the amount of \n such tax paid with respect to such drug or biological.\n ``(D) Substitution of higher payment amount.--If a \n physician's, supplier's, or any other person's claim \n for payment for services under this Act documents that \n the price paid for a drug or biological was greater \n than the payment amount determined under subparagraph \n (A), the actual amount paid shall be substituted for \n the payment amount determined under subparagraph (A), \n unless the Secretary determines that the actual amount \n paid was unreasonable under the circumstances.\n ``(E) Increase for bad debt and certain other \n costs.--Upon the submission of supporting information, \n the Secretary shall make an additional payment to a \n physician or supplier to cover--\n ``(i) uncollectible deductibles and \n coinsurance due from Medicare beneficiaries \n with respect to drugs and biologicals furnished \n to such beneficiaries; and\n ``(ii) costs incurred in procuring and \n billing for drugs and biologicals furnished to \n Medicare beneficiaries.''.\n\nSEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES.\n\n (a) General.--The Secretary of Health and Human Services (hereafter \nin this Act referred to as ``the Secretary'') shall revise the practice \nexpense relative value units for drug administration services for years \nbeginning with the year 2005 in accordance with this section. For \npurposes of this section, ``drug administration services'' includes \nchemotherapy administration services, therapeutic and diagnostic \ninfusions and injections, and such other services as the Secretary \nspecifies.\n (b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the \ninformation, including estimates of clinical staff time, developed in \nthe clinical practice expert panel process, including refinements by \nAmerican Medical Association committees, the Secretary shall estimate \nthe costs of the nursing and other clinical staff, supplies, and \nprocedure-specific equipment (exceeding a cost specified by the \nSecretary) used in furnishing each type of drug administration service. \nThe Secretary shall utilize without revision the minutes of clinical \nstaff time determined in such process. The Secretary shall convert the \ninformation from such process to estimated costs by applying the most \ncurrent available data on staff salary, supply, and equipment costs, \nand such costs shall be updated to 2005 based on estimated changes in \nprices since the date of such data.\n (c) Total Practice Expenses.--The Secretary shall estimate the \ntotal practice expenses of each drug administration service by assuming \nthat the direct costs for the service determined under subsection (b) \nare 33.2 percent of such total practice expenses.\n (d) Conversion to Relative Value Units.--The Secretary shall \nconvert the total practice expenses determined under subsection (c) to \npractice expense relative value units for each drug administration \nservice by dividing such expenses by the conversion factor that will be \nin effect for the physician fee schedule for 2005. The relative value \nunits as so determined shall be used in determining the fee schedule \namounts paid for drug administration services under section 1848 of the \nSocial Security Act (42 U.S.C. 1395w-4).\n (e) Updates.--For years after 2005, the relative values determined \nunder subsection (d) shall continue in effect except that the Secretary \nshall revise them as necessary to maintain their accuracy, provided \nthat such revisions are consistent with the methodology set forth in \nthis section.\n (f) Multiple Pushes.--In establishing the payment amounts under \nthis section, the Secretary shall establish the payment amount for \nintravenous chemotherapy administration by push technique based on the \nadministration of a single drug. The Secretary shall make the same \npayment for each additional drug administered by push technique during \nthe same encounter, except to the extent that the Secretary finds that \nthe cost of administering additional drugs is less than the cost of \nadministering the first drug.\n\nSEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES.\n\n (a) General.--Beginning in the year 2005, the Secretary shall \nrecognize and make payments under section 1848 of the Social Security \nAct (42 U.S.C. 1395w-4) for chemotherapy support services furnished \nincident to physicians' services. For the purposes of this section, \n``chemotherapy support services'' are services furnished by the staff \nof physicians to patients undergoing treatment for cancer that were not \nincluded in the computation of clinical staff costs under section 3(b). \nSuch services include social worker services, nutrition counseling, \npsychosocial services, and similar services.\n (b) Direct Costs.--The Secretary shall estimate the cost of the \nsalary and benefits of staff furnishing chemotherapy support services \nas they are provided in oncology practices that furnish these services \nto cancer patients in a manner that is considered to be high quality \ncare. The estimate shall be based on the weekly cost of such services \nper patient receiving chemotherapy.\n (c) Total Costs.--The Secretary shall estimate the total practice \nexpenses of chemotherapy support services by assuming that the direct \ncosts for the service determined under subsection (b) are 33.2 percent \nof such total practice expenses.\n (d) Conversion to Relative Value Units.--The Secretary shall \nconvert the total practice expenses determined under subsection (c) to \npractice expense relative value units for chemotherapy support services \nby dividing such expenses by the conversion factor that will be in \neffect for the physician fee schedule for 2005. The relative value \nunits as so determined shall be used in determining the fee schedule \namounts paid for chemotherapy support services under such section 1848.\n (e) Updates.--For the years after 2005, the relative values \ndetermined under subsection (d) shall continue in effect except that \nthe Secretary shall revise them as necessary to maintain their \naccuracy, provided that such revisions are consistent with the \nmethodology set forth in this section.\n\nSEC. 5. CANCER THERAPY MANAGEMENT SERVICES.\n\n The Secretary shall recognize and establish a payment amount for \nthe service of cancer therapy management to account for the greater \npre-service and post-service work associated with visits and \nconsultations conducted by physicians treating cancer patients compared \nto typical visits and consultations. The payment amount may vary by the \nlevel and type of the related visit or consultation.\n\nSEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS.\n\n The Secretary shall develop a revised methodology for determining \nthe payment amounts for services that are paid under the fee schedule \nestablished by section 1848 of the Social Security Act (42 U.S.C. \n1395w-4) and that do not have physician work relative value units, \nincluding radiation oncology services. Such methodology shall result in \npayment amounts that fully cover the costs of furnishing such services. \nUntil such time as the methodology for such services is revised and \nimplemented, all such services shall be protected from further payment \ncuts due to factors such as shifts in utilization or removal of any one \nspecialty's services that are paid under the fee schedule established \nby such section 1848 and that do not have physician work relative value \nunits.\n\nSEC. 7. PHYSICIAN SUPERVISION OF SERVICES.\n\n Section 1834 of the Social Security Act (42 U.S.C. 1395m), as \namended by section 2, is further amended by adding at the end the \nfollowing new subsection:\n ``(o) Supervision Requirements.--If the Secretary requires direct \nsupervision of a service by a physician, that supervision requirement \nmay be fulfilled by one or more physicians other than the physician who \nordered the service. If the supervising physician is different from the \nordering physician for a particular service, the ordering physician may \nnevertheless bill for such service provided that the medical records \nfor the service involved identify the supervising physician or \nphysicians.''.\n\nSEC. 8. REPORT TO CONGRESS.\n\n No later than April 1, 2004, the Secretary shall submit to Congress \na report on the payment amounts that are projected to be adopted under \nsections 2, 3, 4, and 5 of this Act.\n\nSEC. 9. INSTITUTE OF MEDICINE STUDY.\n\n (a) General.--The Secretary of Health and Human Services shall \nrequest the Institute of Medicine to conduct the study described in \nthis section.\n (b) Baseline Study.--The first phase of the study shall include the \nfollowing objectives:\n (1) An assessment of the extent to which the current \n Medicare payment system, prior to implementation of the \n amendments made by this Act, facilitates appropriate access to \n care by cancer patients in the various treatment settings.\n (2) The identification of the comprehensive range of \n services furnished to cancer patients in the outpatient \n setting, including support services such as psychosocial \n services and counseling, and recommendations regarding the \n types of services that ought to be furnished to Medicare \n patients with cancer.\n (3) A discussion of the practice standards necessary to \n assure the safe provision of services to cancer patients.\n (4) An analysis of the extent to which the current Medicare \n payment system supports the role of nurses in the provision of \n oncology services and recommendations for any necessary \n improvements in the payment system in that respect.\n (5) The development of a framework for assessing how the \n amendments made by this act affect the provision of care to \n Medicare patients with cancer in the various treatment \n settings.\n (c) Second Phase of Study.--After the implementation of the \namendments made by this Act, the study shall determine whether and how \nthose amendments affected the provision of care to Medicare patients \nwith cancer.\n (d) Consultation.--The Institute of Medicine shall consult with the \nNational Cancer Policy Board and organizations representing cancer \npatients and survivors, oncologists, oncology nurses, social workers, \ncancer centers, and other healthcare professionals who treat cancer \npatients in planning and carrying out this study.\n (e) Due Dates.--\n (1) The study required by subsection (b) shall be submitted \n to the Congress and the Secretary of Health and Human Services \n no later than June 30, 2004.\n (2) The study required by subsection (c) shall be submitted \n to the Congress and the Secretary of Health and Human Services \n no later than December 31, 2006.\n\nSEC. 10. EFFECTIVE DATES.\n\n (a) General.--Except as provided in this section, the provisions of \nthis Act shall apply to drugs, biologicals, and services furnished on \nor after January 1, 2005.\n (b) Reports From Manufacturers.--The first report by manufacturers \nrequired by the provisions of section 2 shall be submitted no later \nthan October 30, 2004, with respect to sales that occurred in the \nquarter ending September 30, 2004.\n (c) Supervision of Services.--The amendment made by section 7 shall \nbe effective upon enactment.\n (d) Services Other Than Drug Administration.--The Secretary shall \nimplement the requirements of section 6 no later than January 1, 2005.","summary":"Quality Cancer Care Preservation Act - Amends part B of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals. Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program. (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services. (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations. And (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services. Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service.","title":"A bill to amend title XVIII of the Social Security Act and otherwise revise the Medicare Program to reform the method of paying for covered drugs, drug administration services, and chemotherapy support services.","text_len":18786,"sum_len":1748} {"bill_id":"110_hr1834","text":"TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``National Ocean Exploration Program \nAct''.\n\nSEC. 102. AUTHORIZATION.\n\n The Administrator of the National Oceanic and Atmospheric \nAdministration shall, in consultation with the National Science \nFoundation and other appropriate Federal agencies, conduct a \ncoordinated national ocean exploration program within the National \nOceanic and Atmospheric Administration that promotes collaboration with \nother Federal ocean and undersea research and exploration programs. To \nthe extent appropriate, the Administrator shall seek to facilitate \ncoordination of data and information management systems, outreach and \neducation programs to improve public understanding of ocean and coastal \nresources, and development and transfer of technologies to facilitate \nocean and undersea research and exploration.\n\nSEC. 103. AUTHORITIES.\n\n (a) In General.--In carrying out the program authorized under \nsection 102, the Administrator of the National Oceanic and Atmospheric \nAdministration (in this title referred to as the ``Administrator'') \nshall--\n (1) conduct interdisciplinary voyages or other scientific \n activities of discovery in conjunction with other Federal \n agencies or academic or educational institutions, to explore \n and survey little known areas of the marine environment, \n inventory, observe, and assess living and nonliving marine \n resources, and report such findings;\n (2) give priority attention to deep ocean regions, with a \n focus on deep water marine systems that hold potential for \n important scientific discoveries, such as hydrothermal vent \n communities and seamounts;\n (3) conduct scientific voyages to locate, define, and \n document historic shipwrecks, submerged sites, and other ocean \n exploration activities that combine archaeology and \n oceanographic sciences;\n (4) develop and implement, in consultation with the \n National Science Foundation, a transparent, competitive process \n for merit-based peer-review and approval of proposals for \n activities to be conducted under this program, taking into \n consideration advice of the Board established under section \n 104;\n (5) enhance the technical capability of the United States \n marine science community by promoting the development of \n improved oceanographic research, communication, navigation, and \n data collection systems, as well as underwater platforms and \n sensors and autonomous vehicles; and\n (6) establish an ocean exploration forum to encourage \n partnerships and promote communication among experts and other \n stakeholders in order to enhance the scientific and technical \n expertise and relevance of the national program.\n (b) Donations.--In carrying out the program authorized under \nsection 102, the Administrator may accept donations of property, data, \nand equipment to be applied for the purpose of exploring the oceans or \nincreasing knowledge of the oceans.\n\nSEC. 104. OCEAN EXPLORATION ADVISORY BOARD.\n\n (a) Establishment.--The Administrator shall appoint an Ocean \nExploration Advisory Board composed of experts in relevant fields to--\n (1) advise the Administrator on priority areas for survey \n and discovery;\n (2) assist the program in the development of a five-year \n strategic plan for the fields of ocean, marine, and Great Lakes \n science, exploration, and discovery;\n (3) annually review the quality and effectiveness of the \n proposal review process established under section 103(4); and\n (4) provide other assistance and advice as requested by the \n Administrator.\n (b) Federal Advisory Committee Act.--Section 14 of the Federal \nAdvisory Committee Act (5 U.S.C. App.) shall not apply to the Board \nappointed under subsection (a).\n\nSEC. 105. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.\n\n Nothing in this Act supersedes, or limits the authority of the \nSecretary of the Interior under the Outer Continental Shelf Lands Act \n(43 U.S.C. 1331 et seq.).\n\nSEC. 106. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the National Oceanic and \nAtmospheric Administration to carry out this title--\n (1) $30,500,000 for fiscal year 2008;\n (2) $33,550,000 for fiscal year 2009;\n (3) $36,905,000 for fiscal year 2010;\n (4) $40,596,000 for fiscal year 2011;\n (5) $44,655,000 for fiscal year 2012;\n (6) $49,121,000 for fiscal year 2013; and\n (7) $54,033,000 for fiscal year 2014.\n\n TITLE II--UNDERSEA RESEARCH PROGRAM\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``National Undersea Research Program \nAct of 2007''.\n\nSEC. 202. AUTHORIZATION.\n\n The Administrator of the National Oceanic and Atmospheric \nAdministration shall conduct an undersea research, exploration, \neducation, and technology development program and shall designate a \nDirector of that program.\n\nSEC. 203. PURPOSE.\n\n The purpose of the program authorized under section 202 is to \nincrease scientific knowledge essential for the informed management, \nuse, and preservation of oceanic, marine, coastal, and Great Lakes \nresources. The Director, in carrying out the program authorized in \nsection 202, shall cooperate with institutions of higher education and \nother educational marine and ocean science organizations, and shall \nmake available undersea research facilities, equipment, technologies, \ninformation, and expertise to support undersea research efforts by \nthese organizations. The Director may also enter into partnerships, \nusing existing authorities, with the private sector to achieve the \ngoals of the program and to promote technological advancement of the \nmarine industry.\n\nSEC. 204. PROGRAM.\n\n The program authorized under section 202 shall be conducted through \na national headquarters, a network of extramural regional undersea \nresearch centers that represent all relevant National Oceanic and \nAtmospheric Administration regions, and the National Institute for \nUndersea Science and Technology. Overall direction of the program will \nbe developed by the program director with a Council of Center Directors \ncomprised of the directors of the extramural regional centers and the \nNational Institute for Undersea Science and Technology. Draft program \ndirection shall be published not later than 1 year after the date of \nenactment of this Act. The draft program direction shall be published \nin the Federal Register for a public comment period of not less than \n120 days. Final program direction with Agency responses to the comments \nreceived shall be published in the Federal Register within 90 days \nafter the close of the comment period. The program director shall \nupdate the program direction, with opportunity for public comment, at \nleast every five years.\n\nSEC. 205. REGIONAL CENTERS AND INSTITUTE.\n\n (a) Programs.--The following research, exploration, education, and \ntechnology programs shall be conducted through the network of \nextramural regional centers and the National Institute for Undersea \nScience and Technology:\n (1) Core research and exploration based on national and \n regional undersea research priorities.\n (2) Advanced undersea technology development to support the \n National Oceanic and Atmospheric Administration's research \n mission and programs.\n (3) Development, testing, and transition of advanced \n undersea technology associated with ocean observatories, \n submersibles, advanced diving technologies, remotely operated \n vehicles, autonomous underwater vehicles, and new sampling and \n sensing technologies.\n (4) Undersea science-based education and outreach programs \n to enrich ocean science education and public awareness of the \n oceans and Great Lakes.\n (5) Discovery, study, and development of natural products \n from ocean and aquatic systems.\n (b) Operations.--Operation of the extramural regional centers and \nthe National Institute for Undersea Science and Technology shall \nleverage partnerships and cooperative research with academia and \nprivate industry.\n\nSEC. 206. COMPETITION.\n\n (a) Discretionary Fund.--The program shall allocate no more than 10 \npercent of its annual budget to a discretionary fund that may be used \nonly for program administration and priority undersea research projects \nidentified by the Director but not covered by funding available from \ncenters.\n (b) Competitive Selection.--The Administrator shall conduct an \ninitial competition to select the regional centers that will \nparticipate in the program 90 days after the publication of the final \nprogram direction required in section 204 and every five years \nthereafter. Funding for projects conducted through the regional centers \nshall be awarded through a competitive, merit-reviewed process on the \nbasis of their relevance to the goals of the program and their \ntechnical feasibility.\n\nSEC. 207. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the National Oceanic and \nAtmospheric Administration to carry out this title--\n (1) $17,500,000 for fiscal year 2008;\n (2) $19,500,000 for fiscal year 2009;\n (3) $21,500,000 for fiscal year 2010;\n (4) $23,500,000 for fiscal year 2011;\n (5) $25,500,000 for fiscal year 2012;\n (6) $27,500,000 for fiscal year 2013; and\n (7) $29,500,000 for fiscal year 2014.\n\n TITLE III--INTERAGENCY PLANNING AND COORDINATION\n\nSEC. 301. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND \n INFRASTRUCTURE TASK FORCE.\n\n (a) In General.--The Administrator of the National Oceanic and \nAtmospheric Administration, in coordination with the National Science \nFoundation, the National Aeronautics and Space Administration, the \nUnited States Geological Survey, the Department of the Navy, the \nMineral Management Service, and relevant governmental, non-\ngovernmental, academic, industry, and other experts, shall convene an \nocean exploration and undersea research technology and infrastructure \ntask force to develop and implement a strategy--\n (1) to facilitate transfer of new exploration and undersea \n research technology to the programs authorized under titles I \n and II of this Act;\n (2) to improve availability of communications \n infrastructure, including satellite capabilities, to such \n programs;\n (3) to develop an integrated, workable, and comprehensive \n data management information processing system that will make \n information on unique and significant features obtained by such \n programs available for research and management purposes;\n (4) to conduct public outreach activities that improve the \n public understanding of ocean science, resources, and \n processes, in conjunction with relevant programs of the \n National Oceanic and Atmospheric Administration, the National \n Science Foundation, and other agencies; and\n (5) to encourage cost-sharing partnerships with \n governmental and nongovernmental entities that will assist in \n transferring exploration and undersea research technology and \n technical expertise to the programs.\n (b) Budget Coordination.--The task force shall coordinate the \ndevelopment of agency budgets and identify the items in their annual \nbudget that support the activities identified in the strategy developed \nunder subsection (a).\n\n Passed the House of Representatives February 14, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.\n ","summary":"Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to conduct a coordinated national ocean exploration program in NOAA that promotes collaboration with other federal ocean and undersea research and exploration programs. Sets forth program authorities, including authorizing the Administrator to accept donations of property, data, and equipment to be applied for exploring the oceans or increasing knowledge of the oceans. Requires the NOAA Administrator to appoint an Ocean Exploration Advisory Board. Declares that nothing in this Act supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act. Authorizes appropriations. Title II: Undersea Research Program - National Undersea Research Program Act of 2007 - Requires the Administrator to conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources. Requires the program's director to cooperate with institutions of higher education and other educational marine and ocean science organizations and to make available undersea research facilities, equipment, technologies, information, and expertise to support those organizations' undersea research. Authorizes the director to enter into partnerships with the private sector to achieve program goals and to promote marine industry technological advancement. Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers representing all NOAA regions, and the National Institute for Undersea Science and Technology. Specifies the research, exploration, education, and technology programs to be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology. Allows not more than ten percent of the program's budget to be used for administration and for priority undersea research projects not covered by funding available from centers. Requires a competition every five years to select the regional centers that will participate in the program. Requires projects supported by the regional centers to be awarded using an open and competitive process. Authorizes appropriations. Title III: Interagency Planning and Coordination - Requires the NOAA Administrator, and relevant governmental, non-governmental, academic, industry, and other experts, to convene an ocean exploration and undersea research technology and infrastructure task force. Requires that the task force coordinate the development of agency budgets.","title":"To authorize the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration.","text_len":12799,"sum_len":2776} {"bill_id":"104_hr2036","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Land Disposal Program Flexibility \nAct of 1996''.\n\nSEC. 2. LAND DISPOSAL RESTRICTIONS.\n\n Section 3004(g) of the Solid Waste Disposal Act is amended by \nadding after paragraph (6) the following:\n ``(7) Solid waste identified as hazardous based solely on one \n or more characteristics shall not be subject to this subsection, \n any prohibitions under subsection (d), (e), or (f), or any \n requirement promulgated under subsection (m) (other than any \n applicable specific methods of treatment, as provided in paragraph \n (8)) if the waste--\n ``(A) is treated in a treatment system that subsequently \n discharges to waters of the United States pursuant to a permit \n issued under section 402 of the Federal Water Pollution Control \n Act (commonly known as the ``Clean Water Act'') (33 U.S.C. \n 1342), treated for the purposes of the pretreatment \n requirements of section 307 of the Clean Water Act (33 U.S.C. \n 1317), or treated in a zero discharge system that, prior to any \n permanent land disposal, engages in treatment that is \n equivalent to treatment required under section 402 of the Clean \n Water Act (33 U.S.C. 1342) for discharges to waters of the \n United States, as determined by the Administrator; and\n ``(B) no longer exhibits a hazardous characteristic prior \n to management in any land-based solid waste management unit.\n ``(8) Solid waste that otherwise qualifies under paragraph (7) \n shall nevertheless be required to meet any applicable specific \n methods of treatment specified for such waste by the Administrator \n under subsection (m), including those specified in the rule \n promulgated by the Administrator June 1, 1990, prior to management \n in a land-based unit as part of a treatment system specified in \n paragraph (7)(A). No solid waste may qualify under paragraph (7) \n that would generate toxic gases, vapors, or fumes due to the \n presence of cyanide when exposed to pH conditions between 2.0 and \n 12.5.\n ``(9) Solid waste identified as hazardous based on one or more \n characteristics alone shall not be subject to this subsection, any \n prohibitions under subsection (d), (e), or (f), or any requirement \n promulgated under subsection (m) if the waste no longer exhibits a \n hazardous characteristic at the point of injection in any Class I \n injection well permitted under section 1422 of title XIV of the \n Public Health Service Act (42 U.S.C. 300h-1).\n ``(10) Not later than five years after the date of enactment of \n this paragraph, the Administrator shall complete a study of \n hazardous waste managed pursuant to paragraph (7) or (9) to \n characterize the risks to human health or the environment \n associated with such management. In conducting this study, the \n Administrator shall evaluate the extent to which risks are \n adequately addressed under existing State or Federal programs and \n whether unaddressed risks could be better addressed under such laws \n or programs. Upon receipt of additional information or upon \n completion of such study and as necessary to protect human health \n and the environment, the Administrator may impose additional \n requirements under existing Federal laws, including subsection \n (m)(1), or rely on other State or Federal programs or authorities \n to address such risks. In promulgating any treatment standards \n pursuant to subsection (m)(1) under the previous sentence, the \n Administrator shall take into account the extent to which treatment \n is occurring in land-based units as part of a treatment system \n specified in paragraph (7)(A).\n ``(11) Nothing in paragraph (7) or (9) shall be interpreted or \n applied to restrict any inspection or enforcement authority under \n the provisions of this Act.''.\n\nSEC. 3. GROUND WATER MONITORING.\n\n (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the \nSolid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:\n (1) By striking ``Criteria.--Not later'' and inserting the \n following: ``Criteria.--\n ``(1) In general.--Not later''.\n (2) By adding at the end the following new paragraphs:\n ``(2) Additional revisions.--Subject to paragraph (3), the \n requirements of the criteria described in paragraph (1) relating to \n ground water monitoring shall not apply to an owner or operator of \n a new municipal solid waste landfill unit, an existing municipal \n solid waste landfill unit, or a lateral expansion of a municipal \n solid waste landfill unit, that disposes of less than 20 tons of \n municipal solid waste daily, based on an annual average, if--\n ``(A) there is no evidence of ground water contamination \n from the municipal solid waste landfill unit or expansion; and\n ``(B) the municipal solid waste landfill unit or expansion \n serves--\n ``(i) a community that experiences an annual \n interruption of at least 3 consecutive months of surface \n transportation that prevents access to a regional waste \n management facility; or\n ``(ii) a community that has no practicable waste \n management alternative and the landfill unit is located in \n an area that annually receives less than or equal to 25 \n inches of precipitation.\n ``(3) Protection of ground water resources.--\n ``(A) Monitoring requirement.--A State may require ground \n water monitoring of a solid waste landfill unit that would \n otherwise be exempt under paragraph (2) if necessary to protect \n ground water resources and ensure compliance with a State \n ground water protection plan, where applicable.\n ``(B) Methods.--If a State requires ground water monitoring \n of a solid waste landfill unit under subparagraph (A), the \n State may allow the use of a method other than the use of \n ground water monitoring wells to detect a release of \n contamination from the unit.\n ``(C) Corrective action.--If a State finds a release from a \n solid waste landfill unit, the State shall require corrective \n action as appropriate.\n ``(4) No-migration exemption.--\n ``(A) In general.--Ground water monitoring requirements may \n be suspended by the Director of an approved State for a \n landfill operator if the operator demonstrates that there is no \n potential for migration of hazardous constituents from the unit \n to the uppermost aquifer during the active life of the unit and \n the post-closure care period.\n ``(B) Certification.--A demonstration under subparagraph \n (A) shall be certified by a qualified ground-water scientist \n and approved by the Director of an approved State.\n ``(C) Guidance.--Not later than 6 months after the date of \n enactment of this paragraph, the Administrator shall issue a \n guidance document to facilitate small community use of the no \n migration exemption under this paragraph.\n ``(5) Alaska native villages.--Upon certification by the \n Governor of the State of Alaska that application of the \n requirements described in paragraph (1) to a solid waste landfill \n unit of a Native village (as defined in section 3 of the Alaska \n Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is \n located in or near a small, remote Alaska village would be \n infeasible, or would not be cost-effective, or is otherwise \n inappropriate because of the remote location of the unit, the State \n may exempt the unit from some or all of those requirements. This \n paragraph shall apply only to solid waste landfill units that \n dispose of less than 20 tons of municipal solid waste daily, based \n on an annual average.\n ``(6) Further revisions of guidelines and criteria.--\n Recognizing the unique circumstances of small communities, the \n Administrator shall, not later than two years after enactment of \n this provision promulgate revisions to the guidelines and criteria \n promulgated under this subtitle to provide additional flexibility \n to approved States to allow landfills that receive 20 tons or less \n of municipal solid waste per day, based on an annual average, to \n use alternative frequencies of daily cover application, frequencies \n of methane gas monitoring, infiltration layers for final cover, and \n means for demonstrating financial assurance: Provided, That such \n alternative requirements take into account climatic and \n hydrogeologic conditions and are protective of human health and \n environment.''.\n (b) Reinstatement of Regulatory Exemption.--It is the intent of \nsection 4010(c)(2) of the Solid Waste Disposal Act, as added by \nsubsection (a), to immediately reinstate subpart E of part 258 of title \n40, Code of Federal Regulations, as added by the final rule published \nat 56 Federal Register 50798 on October 9, 1991.\n\nSEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.\n\n The Solid Waste Disposal Act is amended as follows:\n (1) In section 3001(d)(5) by striking ``under section 3001'' \n and inserting ``under this section''.\n (2) By inserting a semicolon at the end of section \n 3004(q)(1)(C).\n (3) In section 3004(g), by striking ``subparagraph (A) through \n (C)'' in paragraph (5) and inserting ``subparagraphs (A) through \n (C)''.\n (4) In section 3004(r)(2)(C), by striking ``pertroleum-\n derived'' and inserting ``petroleum-derived''.\n (5) In section 3004(r)(3) by inserting after ``Standard'' the \n word ``Industrial''.\n (6) In section 3005(a), by striking ``polycholorinated'' and \n inserting ``polychlorinated''.\n (7) In section 3005(e)(1), by inserting a comma at the end of \n subparagraph (C).\n (8) In section 4007(a), by striking ``4003'' in paragraphs (1) \n and (2)(A) and inserting ``4003(a)''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act , undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment, (2) no longer exhibits such characteristic prior to land disposal. (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above. And (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks. Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions. And (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily. Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.","title":"Land Disposal Program Flexibility Act of 1996","text_len":10500,"sum_len":4076} {"bill_id":"110_s2215","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting America's Protective \nSecurity Advisor Act of 2007''.\n\nSEC. 2. PROTECTIVE SECURITY ADVISOR.\n\n (a) In General.--Subtitle A of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 210F. PROTECTIVE SECURITY ADVISOR PROGRAM OFFICE.\n\n ``(a) In General.--There is in the Department a Protective Security \nAdvisor Program Office (in this section referred to as the `Office') \nwithin the Protective Security Coordination Division of the Office of \nInfrastructure Protection.\n ``(b) Responsibilities.--The Office shall have the primary \nresponsibility and be the lead office within the Department for--\n ``(1) encouraging State, local, and tribal governments and \n private sector owners and operators of critical infrastructure \n and key resources to participate and collaborate within the \n risk management framework of the National Infrastructure \n Protection Plan, or any successor thereto;\n ``(2) coordinating national and intergovernmental critical \n infrastructure and key resource activities with State, local, \n and tribal governments and owners and operators of critical \n infrastructure or key resources;\n ``(3) facilitating and conducting requirements, \n capabilities, and risk assessment analyses that enhance \n critical infrastructure and key resources preparedness;\n ``(4) promoting information sharing and security awareness, \n particularly with State homeland security advisors and private \n sector security officials;\n ``(5) assisting State, local, and tribal governments in \n developing multi-jurisdictional security plans;\n ``(6) helping to ensure ongoing coordination between \n Federal, State, local, and tribal governments, owners and \n operators of critical infrastructure or key resources, \n emergency response providers, and related agencies;\n ``(7) serving as infrastructure liaison officials, with \n primary responsibility to advise the designated Principal \n Federal Official on issues dealing with nationally critical \n infrastructure, when a joint field office is activated in \n response to a natural disaster or terrorist event; and\n ``(8) facilitating and coordinating interaction with \n international security partners relating to the activities of \n the Department regarding international activities described in \n the National Infrastructure Protection Plan, or any successor \n thereto.\n ``(c) Protective Security Advisor Assignments and Distribution \nPlan.--\n ``(1) In general.--The Secretary shall develop a plan for \n the assignment and distribution of protective security advisors \n that takes into account baseline requirements and anticipated \n growth after the date of enactment of this section of the need \n for such advisors.\n ``(2) Plan requirements.--\n ``(A) In general.--The plan developed under \n paragraph (1) shall--\n ``(i) ensure that protective security \n advisors are located across the United States \n to ensure appropriate coverage and coordinated \n support, with particular emphasis on high-risk \n regions, as determined by the Office; and\n ``(ii) assign protective security advisors \n and support staff based on risk, including \n consideration of assigning additional \n protective security advisors in areas of \n greater population density and concentration of \n critical infrastructure and key resources.\n ``(B) Minimum requirements.--At a minimum, the plan \n developed under paragraph (1) shall provide that--\n ``(i) at least 1 protective security \n advisor shall be located in each State;\n ``(ii) at least 10 supervisory protective \n security advisors shall be located throughout \n the United States, to provide regional \n coordination and management;\n ``(iii) each supervisory protective \n security advisor shall have appropriate support \n staff to assist in performing the duties of \n that supervisory protective security advisor; \n and\n ``(iv) the headquarters of the Office shall \n include--\n ``(I) at least 2 protective \n security advisors to manage the \n participation of protective security \n advisors in special events, training \n programs, and exercise programs;\n ``(II) at least 2 protective \n security advisors to manage the \n training and standards program for \n protective security advisors to ensure \n that personnel are certified in the \n latest security practices;\n ``(III) at least 2 protective \n security advisors to manage day-to-day \n contingency operations in preparation \n for, or response to, a natural disaster \n or terrorist event; and\n ``(IV) appropriate support staff to \n assist in performing the duties of the \n Office.\n ``(3) Report.--Not later than 90 days after the date of \n enactment of this section, the Secretary shall submit to the \n Committee on Homeland Security and Governmental Affairs of the \n Senate a report outlining and justifying the plan developed \n under paragraph (1).\n ``(d) Biennial Reporting.--The Secretary shall submit to Congress a \nreport regarding the activities of the Office every 2 years.\n ``(e) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n to carry out this section--\n ``(A) $40,000,000 for each of fiscal years 2009 and \n 2010; and\n ``(B) such sums as are necessary for each fiscal \n year thereafter.\n ``(2) Availability.--Amounts made available pursuant to \n this subsection shall remain available until expended.''.\n (b) Technical and Conforming Amendment.--The table of contents in \nsection 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et \nseq.) is amended by inserting after the item relating to section 210E \nthe following:\n\n``Sec. 210F. Protective Security Advisor Program Office.''.","summary":"Supporting America's Protective Security Advisor Act of 2007 - Amends the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department of Homeland Security (DHS). Requires the Office to have primary responsibility within DHS for: (1) encouraging state, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan. (2) coordinating national and intergovernmental critical infrastructure and key resource activities with such governments, owners, and operators. (3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness, (4) promoting information sharing and security awareness, (5) assisting such governments in developing multijurisdictional security plans. (6) helping to ensure coordination among such governments, such owners and operators, emergency response providers, and related agencies. (7) serving as infrastructure liaison officials when a joint field office is activated in response to a natural disaster or terrorist event. And (8) facilitating and coordinating interaction with international security partners. Directs the Secretary of Homeland Security to develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth to: (1) ensure that protective security advisors are located across the United States and provide appropriate coverage and coordinated support, especially in high-risk regions. And (2) assign protective security advisors and support staff based on risk.","title":"A bill to amend the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office.","text_len":7421,"sum_len":1888} {"bill_id":"114_s1537","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Health Security Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States-Mexico border is an interdependent \n and dynamic region of more than 15,000,000 people with \n significant and unique public health challenges.\n (2) These challenges include low rates of health insurance \n coverage, poor access to health care services, high \n unemployment rates, low educational attainment, and high rates \n of dangerous diseases, such as tuberculosis, diabetes, obesity, \n and other non-communicable diseases.\n (3) As the 2009 novel influenza A (H1N1) pandemic \n illustrated, diseases do not respect international boundaries, \n and a strong public health effort at and along the borders is \n crucial to not only protect and improve the health of Americans \n but also to help secure the country against threats to \n biosecurity and other emerging threats.\n (4) For 11 years, the United States-Mexico Border Health \n Commission has served as a crucial binational institution to \n address these unique and truly cross-border health issues.\n (5) More than 75 percent of Canadians live within 100 miles \n of the United States border. The 2003 epidemic of severe acute \n respiratory syndrome caused more than 250 illnesses in the \n Greater Toronto Area, just 80 miles from New York.\n\nSEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.\n\n The United States-Mexico Border Health Commission Act (22 U.S.C. \n290n et seq.) is amended--\n (1) in section 3--\n (A) in paragraph (1), by striking ``; and'' and \n inserting ``;'';\n (B) in paragraph (2), by striking the period and \n inserting a semicolon; and\n (C) by adding at the end the following:\n ``(3) to cooperate with the Canada-United States Pan-Border \n Public Health Preparedness Council (referred to in this Act as \n the `Council'), as appropriate; and\n ``(4) to serve as an independent and objective body to both \n recommend and implement initiatives that solve border health \n issues.'';\n (2) in section 5--\n (A) in subsection (b), by striking ``should be the \n leader'' and inserting ``shall be the Chair''; and\n (B) by adding at the end the following:\n ``(d) Providing Advice and Recommendations.--Members of the \nCommission and the Council may at any time provide advice or \nrecommendations to the Secretary, Congress, or any Member of Congress \nconcerning issues that are considered by the Commission or Council. \nSuch advice or recommendations may be provided regardless of whether a \nrequest for such is made and regardless of whether the member or \nindividual is authorized to provide such advice or recommendations by \nthe Commission or Council or any other Federal official.'';\n (3) by redesignating section 8 as section 12;\n (4) by striking section 7 and inserting the following:\n\n``SEC. 7. BORDER HEALTH GRANTS.\n\n ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, public institution of higher education, local \ngovernment, Indian tribe, tribal organization, urban Indian \norganization, nonprofit health organization, trauma center, critical \naccess hospital or other hospital that serves rural or other vulnerable \ncommunities and populations, faith-based entity, or community health \ncenter receiving assistance under section 330 of the Public Health \nService Act (42 U.S.C. 254b), that is located in the United States-\nMexico border area or the United States-Canada border area.\n ``(b) Authorization.--From amounts appropriated under section 11, \nthe Secretary, in consultation with members of the Commission and \nCouncil and in coordination with the Office of Global Affairs, shall \naward grants to eligible entities to address priorities and \nrecommendations outlined by the strategic plan and operational work \nplan of the Commission and the Council, as authorized under section 9, \nto improve the health of United States-Mexico border area and United \nStates-Canada border area residents.\n ``(c) Application.--An eligible entity that desires a grant under \nsubsection (b) shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n ``(d) Use of Funds.--An eligible entity that receives a grant under \nsubsection (b) shall use the grant funds for any of the following:\n ``(1) Programs relating to any one or more of the \n following:\n ``(A) Maternal and child health.\n ``(B) Primary care and preventative health.\n ``(C) Infectious disease testing, monitoring, and \n surveillance.\n ``(D) Public health and public health \n infrastructure.\n ``(E) Health promotion.\n ``(F) Oral health.\n ``(G) Behavioral and mental health.\n ``(H) Substance abuse prevention and harm \n reduction.\n ``(I) Health conditions that have a high prevalence \n in the United States-Mexico border area or United \n States-Canada border area.\n ``(J) Medical and health services research.\n ``(K) Workforce training and development.\n ``(L) Community health workers and promotoras.\n ``(M) Health care infrastructure problems in the \n United States-Mexico border area or United States-\n Canada border area (including planning and construction \n grants).\n ``(N) Health disparities in the United States-\n Mexico border area or United States-Canada border area.\n ``(O) Environmental health.\n ``(P) Health education.\n ``(Q) Outreach and enrollment services with respect \n to Federal programs (including programs authorized \n under titles XIX and XXI of the Social Security Act (42 \n U.S.C. 1396 et seq. and 1397aa et seq.)).\n ``(R) Trauma care.\n ``(S) Health research with an emphasis on \n infectious disease and pressing issues related to \n noncommunicable diseases.\n ``(T) Epidemiology and health research.\n ``(U) Cross-border health surveillance coordinated \n with Mexican Health Authorities or Canadian Health \n Authorities.\n ``(V) Obesity, particularly childhood obesity.\n ``(W) Crisis communication, domestic violence, \n health literacy, or cancer.\n ``(X) Community-based participatory research on \n border health issues.\n ``(Y) Violence prevention.\n ``(Z) Cross-border public health preparedness.\n ``(2) Other programs determined appropriate by the \n Secretary.\n ``(e) Supplement, Not Supplant.--Amounts provided to an eligible \nentity awarded a grant under subsection (b) shall be used to supplement \nand not supplant other funds available to the eligible entity to carry \nout the activities described in subsection (d).\n\n``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE \n (EWIDS) IN THE BORDER AREA.\n\n ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, local government, Indian tribe, tribal \norganization, urban Indian organization, trauma center, regional trauma \ncenter coordinating entity, or public health entity.\n ``(b) Authorization.--From funds appropriated under section 11, the \nSecretary shall award grants for Early Warning Infectious Disease \nSurveillance (EWIDS) to eligible entities for infectious disease \nsurveillance activities in the United States-Mexico border area or \nUnited States-Canada border area.\n ``(c) Application.--An eligible entity that desires a grant under \nthis section shall submit an application to the Secretary at such time, \nin such manner, and containing such information as the Secretary may \nrequire.\n ``(d) Uses of Funds.--An eligible entity that receives a grant \nunder subsection (b) shall use the grant funds, in coordination with \nState and local all hazards programs, to--\n ``(1) develop and implement infectious disease surveillance \n plans and networks and public health emergency and readiness \n assessments and preparedness plans, and purchase items \n necessary for such plans;\n ``(2) coordinate infectious disease surveillance planning \n and interjurisdictional risk assessments in the region with \n appropriate United States-based agencies and organizations and \n appropriate authorities in Mexico or Canada;\n ``(3) improve infrastructure, including surge capacity, \n syndromic surveillance, and isolation\/decontamination capacity, \n and policy preparedness, including for mutual assistance and \n for the sharing of information and resources;\n ``(4) improve laboratory capacity, in order to maintain and \n enhance capability and capacity to detect potential infectious \n disease, whether naturally occurring or the result of \n terrorism;\n ``(5) create and maintain a health alert network, including \n risk communication and information dissemination that is \n culturally competent and takes into account the needs of at-\n risk populations, including individuals with disabilities;\n ``(6) educate and train clinicians, epidemiologists, \n laboratories, and emergency management personnel;\n ``(7) implement electronic data and infrastructure \n inventory systems to coordinate the triage, transportation, and \n treatment of multicasualty incident victims;\n ``(8) provide infectious disease testing in the United \n States-Mexico border area or United States-Canada border area; \n and\n ``(9) carry out such other activities identified by the \n Secretary, members of the Commission, members of the Council, \n State or local public health authorities, representatives of \n border health offices, or authorities at the United States-\n Mexico or United States-Canada borders.\n\n``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.\n\n ``(a) Strategic Plan.--\n ``(1) In general.--Not later than 2 years after the date of \n enactment of this section, and every 5 years thereafter, the \n Commission (including the participation of members representing \n both the United States and Mexican sections) and the Council \n (including the participation of members representing both the \n United States and Canada) shall each prepare a binational \n strategic plan to guide the operations of the Commission and \n the Council and submit such plan to the Secretary and Congress.\n ``(2) Requirements.--The binational strategic plan under \n paragraph (1) shall include--\n ``(A) health-related priority areas determined most \n important by the full membership of the Commission or \n Council, as applicable;\n ``(B) recommendations for goals, objectives, \n strategies, and actions designed to address such \n priority areas; and\n ``(C) a proposed evaluation framework with output \n and outcome indicators appropriate to gauge progress \n toward meeting the objectives and priorities of the \n Commission or Council, as applicable.\n ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years \nthereafter, the Commission and the Council shall develop and approve an \noperational work plan and budget based on the strategic plan under \nsubsection (a).\n ``(c) GAO Review.--Not later than January 1, 2018, and every 2 \nyears thereafter, the Comptroller General of the United States shall \nconduct an evaluation of the activities conducted by the Commission and \nthe Council based on the operational work plans described in subsection \n(b) for the previous year and the output and outcome indicators \nincluded in the strategic plan described in subsection (a). The \nevaluation shall include a request for written evaluations from members \nof the Commission and the Council about barriers and facilitators to \nexecuting successfully the work plans of the Commission and the \nCouncil.\n ``(d) Biannual Reporting.--The Commission and Council shall each \nissue a biannual report to the Secretary that provides independent \npolicy recommendations related to border health issues. Not later than \n3 months following receipt of each such biannual report, the Secretary \nshall provide to Congress the report and any studies or other materials \nproduced independently by the Commission and Council.\n ``(e) Audits.--The Secretary shall annually prepare an audited \nfinancial report to account for all appropriated assets expended by the \nCommission and Council to address both the strategic and operational \nwork plans for the year involved.\n ``(f) By-Laws.--Not later than 6 months after the date of enactment \nof this section, the Commission and Council shall develop and approve \nbylaws to provide fully for compliance with the requirements of this \nsection.\n ``(g) Transmittal to Congress.--The Commission and Council shall \nsubmit copies of the operational work plan and by-laws to Congress. The \nComptroller General of the United States shall submit a copy of each \nevaluation completed under subsection (c) to Congress.\n\n``SEC. 10. COORDINATION.\n\n ``(a) In General.--To the extent practicable and appropriate, \nplans, systems, and activities to be funded (or supported) under this \nAct for all hazard preparedness, and general border health, shall be \ncoordinated with Federal, State, and local authorities in Mexico, \nCanada, and the United States.\n ``(b) Coordination of Health Services and Surveillance.--The \nSecretary, acting through the Assistant Secretary for Preparedness and \nResponse, when appropriate, may coordinate with the Secretary of \nHomeland Security in establishing a health alert system that--\n ``(1) alerts clinicians and public health officials of \n emerging disease clusters and syndromes along the United \n States-Mexico border area and United States-Canada border area; \n and\n ``(2) warns of health threats, extreme weather conditions, \n disasters of mass scale, bioterrorism, and other emerging \n threats along the United States-Mexico border area and United \n States-Canada border area.\n\n``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this Act \n$7,000,000 for fiscal year 2017 and each succeeding year, subject to \nthe availability of appropriations for such purpose, of which \n$4,650,000 shall be made available to fund operationally feasible \nfunctions, activities, and grants with respect to the United States-\nMexico border and the border health activities under cooperative \nagreements with the border health offices of the States of California, \nArizona, New Mexico, and Texas, and $2,350,000 shall be allocated for \nthe administration of United States activities under this Act on the \nUnited States-Canada border and the border health authorities, acting \nthrough the Canada-United States Pan-Border Public Health Preparedness \nCouncil.''; and\n (5) in section 12 (as so redesignated)--\n (A) by redesignating paragraphs (3) and (4) as \n paragraphs (4) and (6), respectively;\n (B) by inserting after paragraph (2), the \n following:\n ``(3) Indians; indian tribe; tribal organization; urban \n indian organization.--The terms `Indian', `Indian tribe', \n `tribal organization', and `urban Indian organization' have the \n meanings given such terms in section 4 of the Indian Health \n Care Improvement Act (25 U.S.C. 1603).''; and\n (C) by inserting after paragraph (4), as so \n redesignated, the following:\n ``(5) United states-canada border area.--The term `United \n States-Canada border area' means the area located in the United \n States and Canada within 100 kilometers of the border between \n the United States and Canada.''.","summary":"Border Health Security Act of 2015 This bill amends the United States-Mexico Border Health Commission Act to require the commission to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council and to recommend and implement initiatives that solve border health issues. Members of the commission may provide advice or recommendations to the Department of Health and Human Services (HHS) or Congress without authorization or a request. HHS must award grants: (1) to address the priorities and recommendations of the commission and council to improve the health of border area residents, and (2) for infectious disease surveillance activities in border areas. Every five years, the commission and the council must each prepare a binational strategic plan that includes priority areas, recommendations to address these priority areas, and an evaluation framework to gauge progress. The Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas.","title":"Border Health Security Act of 2015","text_len":17084,"sum_len":1149} {"bill_id":"107_hr2765","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teachers For Tomorrow Act of 2001''.\n\nSEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.\n\n (a) Guaranteed Student Loans.--Part B of title IV of the Higher \nEducation Act of 1965 is amended by--\n (1) redesignating section 428K (20 U.S.C. 1078-11) as \n section 428L; and\n (2) by inserting after section 428J the following new \n section:\n\n``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.\n\n ``(a) Purpose.--It is the purpose of this section to expand, \nsubject to the availability of appropriations therefor, the eligibility \nof individuals to qualify for loan forgiveness for teachers beyond that \navailable under section 428J, in order to provide additional incentives \nfor such individuals to enter and continue in the teaching profession.\n ``(b) Program Authorized.--\n ``(1) In general.--From the sums appropriated pursuant to \n subsection (i), the Secretary shall carry out a program, \n through the holder of the loan, of assuming the obligation to \n repay a qualified loan amount for a loan made under section 428 \n or 428H, in accordance with subsection (c), for any new \n borrower on or after October 1, 1998, who is not eligible for \n loan forgiveness under section 428J, but who--\n ``(A) is employed as a full-time teacher--\n ``(i) in a public elementary or secondary \n school;\n ``(ii) if employed as a secondary school \n teacher, is teaching a subject area that is \n relevant to the borrower's academic major as \n certified by the chief administrative officer \n of the public secondary school in which the \n borrower is employed; and\n ``(iii) if employed as an elementary school \n teacher, has demonstrated, as certified by the \n chief administrative officer of the public \n elementary school in which the borrower is \n employed, knowledge and teaching skills in \n reading, writing, mathematics, or other areas \n of the elementary school curriculum;\n ``(B) has a State certification (which may include \n certification obtained through alternative means) or a \n State license to teach, and has not failed to comply \n with State or local accountability standards; and\n ``(C) is not in default on a loan for which the \n borrower seeks forgiveness.\n ``(2) Selection of recipients.--The Secretary shall by \n regulations, establish a formula that ensures fairness and \n equality for applicants in the selection of borrowers for loan \n repayment under this section, based on the amount available \n pursuant to subsection (i).\n ``(c) Qualified Loans Amount.--\n ``(1) In general.--The Secretary shall repay not more than \n the percentage specified in paragraph (2) of the loan \n obligation on a loan made under section 428 or 428H that is \n outstanding after the completion of each complete school year \n of teaching described in subsection (b)(1). No borrower may \n receive a reduction of loan obligations under both this section \n and section 460.\n ``(2) Percentage eligible.--The percent of the loan \n obligation which the Secretary shall repay under paragraph (1) \n of this subsection is--\n ``(A) in the case of teaching in a school that \n qualifies under section 465(a)(2)(A) for loan \n cancellation for Perkins loan recipients who teach in \n such schools, 25 percent for the first or second year \nof such service, and 50 percent for the third year of such service; or\n ``(B) in the case of any other public elementary or \n secondary school, 15 percent for the first or second \n year of such service, 20 percent for the third or \n fourth year of such service, and 30 percent for the \n fifth year of such service.\n ``(3) Treatment of consolidation loans.--A loan amount for \n a loan made under section 428C may be a qualified loan amount \n for the purposes of this subsection only to the extent that \n such loan amount was used to repay a Federal Direct Stafford \n Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan \n made under section 428 or 428H for a borrower who meets the \n requirements of subsection (b), as determined in accordance \n with regulations prescribed by the Secretary.\n ``(4) Treatment of years of service for continuing \n education loans.--For purposes of paragraph (2), the year of \n service is determined on the basis of the academic year that \n the borrower began the service as a full-time teacher, except \n that in the case of a borrower who incurs a loan obligation for \n continuing education expenses while teaching, the year of \n service is determined on the basis of the academic year \n following the academic year for which the loan obligation was \n incurred.\n ``(d) Regulations.--The Secretary is authorized to issue such \nregulations as may be necessary to carry out the provisions of this \nsection.\n ``(e) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n ``(f) List.--If the list of schools in which a teacher may perform \nservice pursuant to subsection (c)(2)(A) is not available before May 1 \nof any year, the Secretary may use the list for the year preceding the \nyear for which the determination is made to make such service \ndetermination.\n ``(g) Additional Eligibility Provisions.--\n ``(1) Continued eligibility.--Any teacher who performs \n service in a school that--\n ``(A) meets the requirements of subsection \n (b)(1)(A) in any year during such service; and\n ``(B) in a subsequent year fails to meet the \n requirements of such subsection,\n may continue to teach in such school and shall be eligible for \n loan forgiveness pursuant to subsection (b).\n ``(2) Prevention of double benefits.--No borrower may, for \n the same service, receive a benefit under both this section and \n subtitle D of title I of the National and Community Service Act \n of 1990 (42 U.S.C. 12571 et seq.).\n ``(h) Definition.--For purposes of this section, the term `year', \nwhere applied to service as a teacher, means an academic year as \ndefined by the Secretary.\n ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2002 and each of the 5 succeeding fiscal years.''.\n (b) Direct Student Loans.--Part D of title IV of the Higher \nEducation Act of 1965 is amended by inserting after section 460 the \nfollowing new section:\n\n``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.\n\n ``(a) Purpose.--It is the purpose of this section to expand, \nsubject to the availability of appropriations therefor, the eligibility \nof individuals to qualify for loan forgiveness for teachers beyond that \navailable under section 460, in order to provide additional incentives \nfor such individuals to enter and continue in the teaching profession.\n ``(b) Program Authorized.--\n ``(1) In general.--From the sums appropriated pursuant to \n subsection (i), the Secretary shall carry out canceling the \n obligation to repay a qualified loan amount in accordance with \n subsection (c) for Federal Direct Stafford Loans and Federal \n Direct Unsubsidized Stafford Loans made under this part for any \n new borrower on or after October 1, 1998, who is not eligible \n for loan forgiveness under section 460, but who--\n ``(A) is employed as a full-time teacher--\n ``(i) in a public elementary or secondary \n school;\n ``(ii) if employed as a secondary school \n teacher, is teaching a subject area that is \n relevant to the borrower's academic major as \n certified by the chief administrative officer \n of the public secondary school in which the \n borrower is employed; and\n ``(iii) if employed as an elementary school \n teacher, has demonstrated, as certified by the \n chief administrative officer of the public \n elementary school in which the borrower is \n employed, knowledge and teaching skills in \n reading, writing, mathematics, or other areas \n of the elementary school curriculum;\n ``(B) has a State certification (which may include \n certification obtained through alternative means) or a \n State license to teach, and has not failed to comply \n with State or local accountability standards; and\n ``(C) is not in default on a loan for which the \n borrower seeks forgiveness.\n ``(2) Selection of recipients.--The Secretary shall by \n regulations, establish a formula that ensures fairness and \n equality for applicants in the selection of borrowers for loan \n repayment under this section, based on the amount available \n pursuant to subsection (i).\n ``(c) Qualified Loans Amount.--\n ``(1) In general.--The Secretary shall cancel not more than \n the percentage specified in paragraph (2) of the loan \n obligation on a loan made under this part that is outstanding \n after the completion of each complete school year of teaching \n described in subsection (b)(1). No borrower may receive a \n reduction of loan obligations under both this section and \n section 428J.\n ``(2) Percentage eligible.--The percent of the loan \n obligation which the Secretary shall cancel under paragraph (1) \n of this subsection is--\n ``(A) in the case of teaching in a school that \n qualifies under section 465(a)(2)(A) for loan \ncancellation for Perkins loan recipients who teach in such schools, 25 \npercent for the first or second year of such service, and 50 percent \nfor the third year of such service; or\n ``(B) in the case of any other public elementary or \n secondary school, 15 percent for the first or second \n year of such service, 20 percent for the third or \n fourth year of such service, and 30 percent for the \n fifth year of such service.\n ``(3) Treatment of consolidation loans.--A loan amount for \n a Federal Direct Consolidation Loan may be a qualified loan \n amount for the purposes of this subsection only to the extent \n that such loan amount was used to repay a Federal Direct \n Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or \n a loan made under section 428 or 428H for a borrower who meets \n the requirements of subsection (b), as determined in accordance \n with regulations prescribed by the Secretary.\n ``(4) Treatment of years of service for continuing \n education loans.--For purposes of paragraph (2), the year of \n service is determined on the basis of the academic year that \n the borrower began the service as a full-time teacher, except \n that in the case of a borrower who incurs a loan obligation for \n continuing education expenses while teaching, the year of \n service is determined on the basis of the academic year \n following the academic year for which the loan obligation was \n incurred.\n ``(d) Regulations.--The Secretary is authorized to issue such \nregulations as may be necessary to carry out the provisions of this \nsection.\n ``(e) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n ``(f) List.--If the list of schools in which a teacher may perform \nservice pursuant to subsection (c)(2)(A) is not available before May 1 \nof any year, the Secretary may use the list for the year preceding the \nyear for which the determination is made to make such service \ndetermination.\n ``(g) Additional Eligibility Provisions.--\n ``(1) Continued eligibility.--Any teacher who performs \n service in a school that--\n ``(A) meets the requirements of subsection \n (b)(1)(A) in any year during such service; and\n ``(B) in a subsequent year fails to meet the \n requirements of such subsection,\n may continue to teach in such school and shall be eligible for \n loan forgiveness pursuant to subsection (b).\n ``(2) Prevention of double benefits.--No borrower may, for \n the same service, receive a benefit under both this section and \n subtitle D of title I of the National and Community Service Act \n of 1990 (42 U.S.C. 12571 et seq.).\n ``(h) Definition.--For purposes of this section, the term `year', \nwhere applied to service as a teacher, means an academic year as \ndefined by the Secretary.\n ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2002 and each of the 5 succeeding fiscal years.''.\n\nSEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS.\n\n Subsection (f) of section 108 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new paragraph:\n ``(4) Loan forgiveness for teachers.--In the case of an \n individual, gross income does not include any amount which (but \n for this paragraph) would be includible in gross income by \n reason of the discharge (in whole or in part) of any loan if \n such discharge was pursuant to section 428J, 428K, 460, or 460A \n of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in \n effect on the date of the enactment of this paragraph.''","summary":"Teachers for Tomorrow Act of 2001 - Amends the Higher Education Act of 1965 (HEA) to establish new programs for teacher student loan forgiveness, under the guaranteed loan program and the direct loan program. Requires three consecutive complete school years of full-time teaching in a public elementary or secondary school as: (1) a secondary school teacher of a subject area relevant to the borrower's academic major. Or (2) an elementary school teacher who has demonstrated knowledge and teaching skills in reading, writing, mathematics, and other curriculum areas. Amends the Internal Revenue Code to exclude from a teacher's gross income any student loan amounts discharged under both the current HEA programs and those added by this Act.","title":"To expand the teacher loan forgiveness programs under the guaranteed and direct student loan programs, and for other purposes.","text_len":14863,"sum_len":742} {"bill_id":"103_s690","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Modified Line Item Veto\/Expedited \nRescissions Act of 1993''.\n\nSEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.\n\n (a) In General.--Part B of title X of the Congressional Budget and \nImpoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by \nredesignating sections 1013 through 1017 as sections 1014 through 1018, \nrespectively, and inserting after section 1012 the following new \nsection:\n\n ``expedited consideration of certain proposed rescissions\n\n ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In \naddition to the method of rescinding budget authority specified in \nsection 1012, the President may propose, at the time and in the manner \nprovided in subsection (b), the rescission of any budget authority \nprovided in an appropriations Act. Funds made available for obligation \nunder this procedure may not be proposed for rescission again under \nthis section or section 1012.\n ``(b) Transmittal of Special Message.--\n ``(1) Not later than 3 days after the date of enactment of \n an appropriation Act, the President may transmit to Congress a \n special message proposing to rescind amounts of budget \n authority provided in that Act and include with that special \n message a draft bill that, if enacted, would only rescind that \n budget authority. That bill shall clearly identify the amount \n of budget authority that is proposed to be rescinded for each \n program, project, or activity to which that budget authority \n relates.\n ``(2) In the case of an appropriation Act that includes \n accounts within the jurisdiction of more than one subcommittee \n of the Committee on Appropriations, the President in proposing \n to rescind budget authority under this section shall send a \n separate special message and accompanying draft bill for \n accounts within the jurisdiction of each such subcommittee.\n ``(3) Each special message shall specify, with respect to \n the budget authority proposed to be rescinded, the matters \n referred to in paragraphs (1) through (5) of section 1012(a).\n ``(c) Limitation on Amounts Subject to Rescission.--\n ``(1) The amount of budget authority which the President \n may propose to rescind in a special message under this section \n for a particular program, project, or activity for a fiscal \n year may not exceed 25 percent of the amount appropriated for \n that program, project, or activity in that Act.\n ``(2) The limitation contained in paragraph (1) shall only \n apply to amounts specifically authorized to be appropriated for \n a particular program, project, or activity.\n ``(d) Procedures for Expedited Consideration.--\n ``(1)(A) Before the close of the second legislative day of \n the House of Representatives after the date of receipt of a \n special message transmitted to Congress under subsection (b), \n the majority leader or minority leader of the House of \n Representatives shall introduce (by request) the draft bill \n accompanying that special message. If the bill is not \n introduced as provided in the preceding sentence, then, on the \n third legislative day of the House of Representatives after the \n date of receipt of that special message, any Member of that \n House may introduce the bill.\n ``(B) The bill shall be referred to the Committee on \n Appropriations of the House of Representatives. The committee \n shall report the bill without substantive revision and with or \n without recommendation. The bill shall be reported not later \n than the seventh legislative day of that House after the date \n of receipt of that special message. If the Committee on \n Appropriations fails to report the bill within that period, \n that committee shall be automatically discharged from \n consideration of the bill, and the bill shall be placed on the \n appropriate calendar.\n ``(C) During consideration under this paragraph, any Member \n of the House of Representatives may move to strike any proposed \n rescission or rescissions of budget authority if supported by \n 49 other Members.\n ``(D) A vote on final passage of the bill shall be taken in \n the House of Representatives on or before the close of the 10th \n legislative day of that House after the date of the \n introduction of the bill in that House. If the bill is passed, \n the Clerk of the House of Representatives shall cause the bill \n to be engrossed, certified, and transmitted to the Senate \n within one calendar day of the day on which the bill is passed.\n ``(2)(A) A motion in the House of Representatives to \n proceed to the consideration of a bill under this section shall \n be highly privileged and not debatable. An amendment to the \n motion shall not be in order, nor shall it be in order to move \n to reconsider the vote by which the motion is agreed to or \n disagreed to.\n ``(B) Debate in the House of Representatives on a bill \n under this section shall not exceed 4 hours, which shall be \n divided equally between those favoring and those opposing the \n bill. A motion further to limit debate shall not be debatable. \n It shall not be in order to move to recommit a bill under this \n section or to move to reconsider the vote by which the bill is \n agreed to or disagreed to.\n ``(C) Appeals from decisions of the Chair relating to the \n application of the Rules of the House of Representatives to the \n procedure relating to a bill under this section shall be \n decided without debate.\n ``(D) Except to the extent specifically provided in the \n preceding provisions of this subsection, consideration of a \n bill under this section shall be governed by the Rules of the \n House of Representatives.\n ``(3)(A) A bill transmitted to the Senate pursuant to \n paragraph (1)(D) shall be referred to its Committee on \n Appropriations. The committee shall report the bill without \n substantive revision and with or without recommendation. The \n bill shall be reported not later than the seventh legislative \n day of the Senate after it receives the bill. A committee \n failing to report the bill within such period shall be \n automatically discharged from consideration of the bill, and \n the bill shall be placed upon the appropriate calendar.\n ``(B) During consideration under this paragraph, any Member \n of the Senate may move to strike any proposed rescission or \n rescissions of budget authority if supported by 14 other \n Members.\n ``(C) A vote on final passage of a bill transmitted to the \n Senate shall be taken on or before the close of the 10th \n legislative day of the Senate after the date on which the bill \n is transmitted. If the bill is passed in the Senate without \n amendment, the Secretary of the Senate shall cause the \n engrossed bill to be returned to the House of Representatives.\n ``(D) If the bill is amended in the Senate solely as \n provided by subparagraph (B), the Secretary of the Senate shall \n cause an engrossed amendment (in the nature of a substitute) to \n be returned to the House of Representatives. Any Member of the \n House may offer a privileged motion that the House concur in \n that Senate amendment. That motion is not subject to a demand \n for division of the question and the previous question is \n considered as ordered on the motion to final adoption without \n intervening motion.\n ``(4)(A) A motion in the Senate to proceed to the \n consideration of a bill under this section shall be privileged \n and not debatable. An amendment to the motion shall not be in \n order, nor shall it be in order to move to reconsider the vote \n by which the motion is agreed to or disagreed to.\n ``(B) Debate in the Senate on a bill under this section, \n and all debatable motions and appeals in connection therewith, \n shall not exceed 10 hours. The time shall be equally divided \n between, and controlled by, the majority leader and the \n minority leader or their designees.\n ``(C) Debate in the Senate on any debatable motion or \n appeal in connection with a bill under this section shall be \n limited to not more than 1 hour, to be equally divided between, \n and controlled by, the mover and the manager of the bill, \n except that in the event the manager of the bill is in favor of \n any such motion or appeal, the time in opposition thereto, \n shall be controlled by the minority leader or his designee. \n Such leaders, or either of them, may, from time under their \n control on the passage of a bill, allot additional time to any \n Senator during the consideration of any debatable motion or \n appeal.\n ``(D) A motion in the Senate to further limit debate on a \n bill under this section is not debatable. A motion to recommit \n a bill under this section is not in order.\n ``(e) Amendments and Divisions Prohibited.--Except as provided by \nparagraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill \nconsidered under this section shall be in order in either the House of \nRepresentatives or the Senate. It shall not be in order to demand a \ndivision of the question in the House of Representatives (or in a \nCommittee of the Whole) or in the Senate. No motion to suspend the \napplication of this subsection shall be in order in either House, nor \nshall it be in order in either House to suspend the application of this \nsubsection by unanimous consent.\n ``(f) Requirement To Make Available for Obligation.--Any amount of \nbudget authority proposed to be rescinded in a special message \ntransmitted to Congress under subsection (b) shall be made available \nfor obligation on the day after the date on which either House defeats \nthe bill transmitted with that special message.\n ``(g) Definitions.--For purposes of this section--\n ``(1) the term `appropriation Act' means any general or \n special appropriation Act, and any Act or joint resolution \n making supplemental, deficiency, or continuing appropriations; \n and\n ``(2) the term `legislative day' means, with respect to \n either House of Congress, any day during which that House is in \n session.''.\n (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 \nU.S.C. 621 note) is amended--\n (1) by striking ``and 1017'' in subsection (a) and \n inserting ``1013, and 1018''; and\n (2) by striking ``section 1017'' in subsection (d) and \n inserting ``sections 1013 and 1018''.\n (c) Conforming Amendments.--\n (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--\n (A) in paragraph (4), by striking ``1013'' and \n inserting ``1014''; and\n (B) in paragraph (5)--\n (i) by striking ``1016'' and inserting \n ``1017''; and\n (ii) by striking ``1017(b)(1)'' and \n inserting ``1018(b)(1)''.\n (2) Section 1015 of such Act (2 U.S.C. 685) (as \n redesignated by section 2(a)) is amended--\n (A) by striking ``1012 or 1013'' each place it \n appears and inserting ``1012, 1013, or 1014'';\n (B) in subsection (b)(1), by striking ``1012'' and \n inserting ``1012 or 1013'';\n (C) in subsection (b)(2), by striking ``1013'' and \n inserting ``1014''; and\n (D) in subsection (e)(2)--\n (i) by striking ``and'' at the end of \n subparagraph (A);\n (ii) by redesignating subparagraph (B) as \n subparagraph (C);\n (iii) by striking ``1013'' in subparagraph \n (C) (as so redesignated) and inserting \n ``1014''; and\n (iv) by inserting after subparagraph (A) \n the following new subparagraph:\n ``(B) he has transmitted a special message under \n section 1013 with respect to a proposed rescission; \n and''.\n (3) Section 1016 of such Act (2 U.S.C. 686) (as \n redesignated by section 2(a)) is amended by striking ``1012 or \n 1013'' each place it appears and inserting ``1012, 1013, or \n 1014''.\n (d) Clerical Amendments.--The table of sections for subpart B of \ntitle X of such Act is amended--\n (1) by redesignating the items relating to sections 1013 \n through 1017 as items relating to sections 1014 through 1018; \n and\n (2) by inserting after the item relating to section 1012 \n the following new item:\n\n``Sec. 1013. Expedited consideration of certain proposed \n rescissions.''.","summary":"Modified Line Item VetoExpedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, a special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Limits the amount subject to rescission to 25 percent of the amount appropriated. Sets forth House and Senate procedures for the expedited consideration of such a proposal.","title":"Modified Line Item Veto\/Expedited Rescissions Act of 1993","text_len":13673,"sum_len":773} {"bill_id":"111_hr6335","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Uranium Mining Modernization Act''.\n\nSEC. 2. FEDERAL LANDS URANIUM LEASING.\n\n The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by \nredesignating section 44 as section 45, and by inserting after section \n43 the following new section:\n\n``SEC. 44. LEASING OF LANDS FOR URANIUM MINING.\n\n ``(a) In General.--\n ``(1) Withdrawal from entry; leasing requirement.--\n Effective upon the date of enactment of this section, all \n Federal lands are hereby permanently withdrawn from location \n and entry under section 2319 of the Revised Statutes (30 U.S.C. \n 22 et seq.) for uranium. After the end of the 2-year period \n beginning on such date of enactment, no uranium may be produced \n from Federal lands except pursuant to a lease issued under this \n Act.\n ``(2) Leasing.--The Secretary--\n ``(A) may divide any lands subject to this Act that \n are not withdrawn from mineral leasing and that are \n otherwise available for uranium leasing under \n applicable law, including lands available under the \n terms of land use plans prepared by the Federal agency \n managing the land, into leasing tracts of such size as \n the Secretary finds appropriate and in the public \n interest; and\n ``(B) thereafter shall, in the Secretary's \n discretion, upon the request of any qualified applicant \n or on the Secretary's own motion, from time to time, \n offer such lands for uranium leasing and award uranium \n leases thereon by competitive bidding.\n ``(b) Fair Market Value Required.--\n ``(1) In general.--No bid for a uranium lease shall be \n accepted that is less than the fair market value, as determined \n by the Secretary, of the uranium subject to the lease.\n ``(2) Public comment.--Prior to the Secretary's \n determination of the fair market value of the uranium subject \n to the lease, the Secretary shall give opportunity for and \n consideration to public comments on the fair market value.\n ``(3) Disclosure not required.--Nothing in this section \n shall be construed to require the Secretary to make public the \n Secretary's judgment as to the fair market value of the uranium \n to be leased, or the comments the Secretary receives thereon \n prior to the issuance of the lease.\n ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases \ncovering lands the surface of which is under the jurisdiction of any \nFederal agency other than the Department of the Interior may be issued \nonly--\n ``(1) upon consent of the head of the other Federal agency; \n and\n ``(2) upon such conditions the head of such other Federal \n agency may prescribe with respect to the use and protection of \n the nonmineral interests in those lands.\n ``(d) Consideration of Effects of Mining.--Before issuing any \nuranium lease, the Secretary shall consider effects that mining under \nthe proposed lease might have on an impacted community or area, \nincluding impacts on the environment, on agricultural, on cultural \nresources, and other economic activities, and on public services.\n ``(e) Notice of Proposed Lease.--No lease sale shall be held for \nlands until after a notice of the proposed offering for lease has been \ngiven once a week for three consecutive weeks in a newspaper of general \ncirculation in the county in which the lands are situated, or in \nelectronic format, in accordance with regulations prescribed by the \nSecretary.\n ``(f) Auction Requirements.--All lands to be leased under this \nsection shall be leased to the highest responsible qualified bidder--\n ``(1) under general regulations;\n ``(2) in units of not more than 2,560 acres that are as \n nearly compact as possible; and\n ``(3) by oral bidding.\n ``(g) Required Payments.--\n ``(1) In general.--A lease under this section shall be \n conditioned upon the payment by the lessee of--\n ``(A) a royalty at a rate of not less than 12.5 \n percent in amount or value of the production removed or \n sold under the lease; and\n ``(B) a rental of--\n ``(i) not less than $2.50 per acre per year \n for the first through fifth years of the lease; \n and\n ``(ii) not less than $3 per acre per year \n for each year thereafter.\n ``(2) Use of revenues.--Amounts received as revenues under \n this subsection with respect to a lease may be used by the \n Secretary of the Interior, subject to the availability of \n appropriations, for cleaning up uranium mill tailings and \n reclaiming abandoned uranium mines on Federal lands in \n accordance with the priorities and eligibility restrictions, \n respectively, under subsections (c) and (d) of section 411 of \n the Surface Mining Control and Reclamation Act of 1977 (30 \n U.S.C. 1240a).\n ``(h) Lease Term.--A lease under this section--\n ``(1) shall be effective for a primary term of 10 years; \n and\n ``(2) shall continue in effect after such primary term for \n so long is as uranium is produced under the lease in paying \n quantities.\n ``(i) Exploration Licenses.--\n ``(1) In general.--The Secretary may, under such \n regulations as the Secretary may prescribe, issue to any person \n an exploration license. No person may conduct uranium \n exploration for commercial purposes on lands subject to this \n Act without such an exploration license. Each exploration \n license shall be for a term of not more than two years and \n shall be subject to a reasonable fee. An exploration license \n shall confer no right to a lease under this Act. The issuance \n of exploration licenses shall not preclude the Secretary from \n issuing uranium leases at such times and locations and to such \n persons as the Secretary deems appropriate. No exploration \n license may be issued for any land on which a uranium lease has \n been issued. A separate exploration license shall be required \n for exploration in each State. An application for an \n exploration license shall identify general areas and probable \n methods of exploration. Each exploration license shall be \n limited to specific geographic areas in each State as \n determined by the Secretary, and shall contain such reasonable \n conditions as the Secretary may require, including conditions \n to ensure the protection of the environment, and shall be \n subject to all applicable Federal, State, and local laws and \n regulations. Upon violation of any such conditions or laws the \n Secretary may revoke the exploration license.\n ``(2) Limitations.--A licensee may not cause substantial \n disturbance to the natural land surface. A licensee may not \n remove any uranium for sale but may remove a reasonable amount \n of uranium from the lands subject to this Act included under \n the Secretary's license for analysis and study. A licensee must \n comply with all applicable rules and regulations of the Federal \n agency having jurisdiction over the surface of the lands \n subject to this Act. Exploration licenses covering lands the \n surface of which is under the jurisdiction of any Federal \n agency other than the Department of the Interior may be issued \n only upon such conditions as it may prescribe with respect to \n the use and protection of the nonmineral interests in those \n lands.\n ``(3) Sharing of data.--The licensee shall furnish to the \n Secretary copies of all data (including geological, \n geophysical, and core drilling analyses) obtained during such \n exploration. The Secretary shall maintain the confidentiality \n of all data so obtained until after the areas involved have \n been leased or until such time as the Secretary determines that \n making the data available to the public would not damage the \n competitive position of the licensee, whichever comes first.\n ``(4) Exploration without a license.--Any person who \n willfully conducts uranium exploration for commercial purposes \n on lands subject to this Act without an exploration license \n issued under this subsection shall be subject to a fine of not \n more than $1,000 for each day of violation. All data collected \n by such person on any Federal lands as a result of such \n violation shall be made immediately available to the Secretary, \n who shall make the data available to the public as soon as it \n is practicable. No penalty under this subsection shall be \n assessed unless such person is given notice and opportunity for \n a hearing with respect to such violation.\n ``(j) Conversion of Mining Claims to Mineral Leases.--\n ``(1) In general.--The owner of any mining claim (in this \n subsection referred to as a `claimant') located prior to the \n date of enactment of this section may, within two years after \n such date, apply to the Secretary of the Interior to convert \n the claim to a lease under this section. The Secretary shall \n issue a uranium lease under this section to the claimant upon a \n demonstration by the claimant, to the satisfaction of the \n Secretary, within one year after the date of the application to \n the Secretary, that the claim was, as of such date of \n enactment, supported by the discovery of a valuable deposit of \n uranium on the claimed land. The holder of a lease issued upon \n conversion from a mining claim under this subsection shall be \n subject to all the requirements of this section governing \n uranium leases, except that the holder shall pay a royalty of \n 6.25 percent on the value of the uranium produced under the \n lease, until beginning ten years after the date the claim is \n converted to a lease.\n ``(2) Other claims extinguished.--All mining claims located \n for uranium on Federal lands whose claimant does not apply to \n the Secretary for conversion to a lease, or whose claimant \n cannot make such a demonstration of discovery, shall become \n null and void by operation of law three years after such date \n of enactment.''.","summary":"Uranium Mining Modernization Act - Amends the Mineral Leasing Act to: (1) withdraw all fedral lands permanently from location and entry for uranium, and (2) prescribe a uranium leasing program for such lands.","title":"To amend the Mineral Leasing Act to permanently withdraw all Federal lands from location and entry for uranium mining, to provide for leasing of such lands under such Act for uranium mining, and for other purposes.","text_len":11020,"sum_len":208} {"bill_id":"115_s269","text":"SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL.\n\n (a) Conveyance of Property.--\n (1) In general.--As soon as practicable, but not later than \n 180 days, after the date of enactment of this Act, the \n Secretary of Health and Human Services (referred to in this Act \n as the ``Secretary'') shall convey to the Tanana Tribal Council \n located in Tanana, Alaska (referred to in this section as the \n ``Council''), all right, title, and interest of the United \n States in and to the property described in subsection (b) for \n use in connection with health and social services programs.\n (2) Effect on any quitclaim deed.--The conveyance by the \n Secretary of title by warranty deed under this subsection \n shall, on the effective date of the conveyance, supersede and \n render of no future effect any quitclaim deed to the property \n described in subsection (b) executed by the Secretary and the \n Council.\n (3) Conditions.--The conveyance of the property under this \n section--\n (A) shall be made by warranty deed; and\n (B) shall not--\n (i) require any consideration from the \n Council for the property;\n (ii) impose any obligation, term, or \n condition on the Council; or\n (iii) allow for any reversionary interest \n of the United States in the property.\n (b) Property Described.--The property, including all land, \nimprovements, and appurtenances, described in this subsection is the \nproperty included in U.S. Survey No. 5958, Lot 12, in the village of \nTanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks \nMeridian, Alaska, containing 11.25 acres.\n (c) Environmental Liability.--\n (1) Liability.--\n (A) In general.--Notwithstanding any other \n provision of law, the Council shall not be liable for \n any soil, surface water, groundwater, or other \n contamination resulting from the disposal, release, or \n presence of any environmental contamination on any \n portion of the property described in subsection (b) on \n or before the date on which the property is conveyed to \n the Council.\n (B) Environmental contamination.--An environmental \n contamination described in subparagraph (A) includes \n any oil or petroleum products, hazardous substances, \n hazardous materials, hazardous waste, pollutants, toxic \n substances, solid waste, or any other environmental \n contamination or hazard as defined in any Federal or \n State of Alaska law.\n (2) Easement.--The Secretary shall be accorded any easement \n or access to the property conveyed under this section as may be \n reasonably necessary to satisfy any retained obligation or \n liability of the Secretary.\n (3) Notice of hazardous substance activity and warranty.--\n In carrying out this section, the Secretary shall comply with \n subparagraphs (A) and (B) of section 120(h)(3) of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9620(h)(3)).\n\nSEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH \n CORPORATION.\n\n (a) Conveyance of Property.--\n (1) In general.--As soon as practicable, but not later than \n 180 days, after the date of enactment of this Act, the \n Secretary shall convey to the Bristol Bay Area Health \n Corporation located in Dillingham, Alaska (referred to in this \n section as the ``Corporation''), all right, title, and interest \n of the United States in and to the property described in \n subsection (b) for use in connection with health and social \n services programs.\n (2) Effect on any quitclaim deed.--The conveyance by the \n Secretary of title by warranty deed under this subsection \n shall, on the effective date of the conveyance, supersede and \n render of no future effect any quitclaim deed to the property \n described in subsection (b) executed by the Secretary and the \n Corporation.\n (3) Conditions.--The conveyance of the property under this \n section--\n (A) shall be made by warranty deed; and\n (B) shall not--\n (i) require any consideration from the \n Corporation for the property;\n (ii) impose any obligation, term, or \n condition on the Corporation; or\n (iii) allow for any reversionary interest \n of the United States in the property.\n (b) Property Described.--The property, including all land, \nimprovements, and appurtenances, described in this subsection is the \nproperty included in Dental Annex Subdivision, creating tract 1, a \nsubdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, \nTownship 13 South, Range 56 West, Seward Meridian, Bristol Bay \nRecording District, Dillingham, Alaska, according to Plat No. 2015-8, \nrecorded on May 28, 2015, in the Bristol Bay Recording District, \nDillingham, Alaska, containing 1.474 acres more or less.\n (c) Environmental Liability.--\n (1) Liability.--\n (A) In general.--Notwithstanding any other \n provision of law, the Corporation shall not be liable \n for any soil, surface water, groundwater, or other \n contamination resulting from the disposal, release, or \n presence of any environmental contamination on any \n portion of the property described in subsection (b) on \n or before the date on which the property is conveyed to \n the Corporation.\n (B) Environmental contamination.--An environmental \n contamination described in subparagraph (A) includes \n any oil or petroleum products, hazardous substances, \n hazardous materials, hazardous waste, pollutants, toxic \n substances, solid waste, or any other environmental \n contamination or hazard as defined in any Federal or \n State of Alaska law.\n (2) Easement.--The Secretary shall be accorded any easement \n or access to the property conveyed under this section as may be \n reasonably necessary to satisfy any retained obligation or \n liability of the Secretary.\n (3) Notice of hazardous substance activity and warranty.--\n In carrying out this section, the Secretary shall comply with \n subparagraphs (A) and (B) of section 120(h)(3) of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9620(h)(3)).\n\n Passed the Senate March 22, 2018.\n\n Attest:\n\n JULIE E. ADAMS,\n\n Secretary.","summary":"This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision containing 1.474 acres more or less, also for use in connection with health and social services programs. Such conveyances by warranty deed: (1) shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council or Corporation. And (2) shall not require any consideration from the Council or Corporation for the property, impose any obligation, term, or condition on the Council or Corporation, or allow for any US reversionary interest in the property. The Council or Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination. HHS shall: (1) be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability. And (2) comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for certain deeds for the transfer of US-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released.","title":"A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.","text_len":7431,"sum_len":1614} {"bill_id":"107_s2745","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal-Utah State Trust Lands \nConsolidation Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) The San Rafael Swell in Utah is a 900-square mile, wild \n and beautiful region west of the Green River. The San Rafael \n Swell is dominated by the jagged, uplifted San Rafael Reef, \n which has nearly two dozen major canyons and many side draws \n and box canyons. The San Rafael Swell towers above the desert \n like a wilderness castle, ringed by 1,000-foot ramparts of \n Navajo sandstone. Its highlands have been fractured by uplift \n and scooped hollow by erosion over countless millennia, leaving \n a tremendous basin punctuated by mesas, buttes, and canyons and \n traversed by sediment-laden desert streams.\n (2) The San Rafael Swell region was one of the country's \n last frontiers and possesses important natural, historical, and \n cultural resources, including exceptional backcountry \n recreation opportunities, productive habitat for Desert Bighorn \n Sheep, important historical sites, including sections of the \n Old Spanish Trail and the Outlaw Trail, significant \n paleontological resources, and multiple wilderness study areas \n created pursuant to section 603 of the Federal Lands Policy and \n Management Act of 1976, or otherwise identified by local \n government and conservation interests as having significant \n conservation values. The beautiful rural landscapes, historic \n and cultural landscapes, and spectacular scenic vistas of the \n San Rafael Swell region contain significant undeveloped \n recreational opportunities for people throughout the United \n States.\n (3) The State of Utah owns approximately 102,871 acres of \n land located in the San Rafael Swell region and administered by \n the Utah School and Institutional Trust Lands Administration. \n These lands were granted by the Congress to the State of Utah \n pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 \n Stat. 107), to be held in trust for the benefit of the State's \n public school system and other public institutions. The lands \n are largely scattered in checkerboard fashion amidst the \n Federal lands comprising the remainder of the San Rafael Swell \n area.\n (4) Development of surface and mineral resources on State \n trust lands within the San Rafael Swell area, or the sale of \n such lands into private ownership, could be incompatible with \n management of such lands for nonimpairment of their wilderness \n characteristics pursuant to section 603(c) of the Federal Land \n Policy and Management Act of 1976, with future congressional \n designation of the lands as wilderness, or with future \n designation of such lands as a national monument, national \n heritage area, or other conservation designation.\n (5) The State of Utah also owns 3,533 acres of land within \n or directly adjacent to the Manti-La Sal National Forest in \n Grand and Emery Counties, Utah, and 6,411 acres of land within \n the Red Cliffs Desert Reserve, a conservation reserve \n established in 1995 by the United States and Washington County, \n Utah, to implement a multiple-species habitat conservation plan \n approved by the Fish and Wildlife Service under section 10(a) \n of the Endangered Species Act of 1973. The Reserve contains the \n highest density of critical habitat for the Mojave desert \n tortoise, a threatened species, in the United States. These \n State trust lands are also administered by the Utah School and \n Institutional Trust Lands Administration, but the use of such \n lands by the State is limited because of the conservation \n designations of surrounding Federal lands.\n (6) The United States owns lands and interests in lands \n elsewhere in Utah that can be transferred to the State of Utah \n in exchange for the San Rafael Swell inholdings, the Manti-La \n Sal forest lands, and the Red Cliffs Desert Reserve lands \n without jeopardizing Federal management objectives or needs.\n (7) The large presence of State trust land inholdings in \n the San Rafael Swell region, the Manti-La Sal National Forest, \n and the Red Cliffs Desert Reserve makes land and resource \n management in these areas difficult, costly, and controversial \n for both the State of Utah and the United States.\n (8) It is in the public interest to reach agreement on \n exchange of such inholdings, on terms fair to both the State of \n Utah and the United States. Such an agreement, subject to \n ratification by Congress and consent by the Utah legislature, \n would save much time and delay in meeting the legitimate \n expectations of the State school and institutional trusts, in \n simplifying management of Federal lands, and in avoiding the \n significant time and expense associated with administrative \n land exchanges.\n (9) The State of Utah and the United States have reached an \n agreement under which the State would exchange certain State \n trust lands within the San Rafael Swell region, the Manti-La \n Sal National Forest, and the Red Cliffs Desert Reserve for \n various Federal lands outside of those areas but in the same \n region of Utah.\n (10) The parties agreed at the outset of negotiations to \n avoid identifying Federal assets for conveyance to the State \n where any of the following was known to exist or likely to be \nan issue as a result of foreseeable future uses of the lands:\n (A) Wilderness study areas.\n (B) Areas proposed for wilderness designation in \n pending Federal legislation.\n (C) Significant endangered species habitat.\n (D) Significant archaeological resources.\n (E) Areas of critical environmental concern.\n (F) Other lands known to raise significant \n environmental concerns of any kind.\n (11) Because the State trust lands to be acquired by the \n Federal Government include properties within some of the most \n spectacular wild areas in the western United States, and \n because a mission of the Utah School and Institutional Trust \n Lands Administration is to produce economic benefits for Utah's \n public schools and other beneficiary institutions, the exchange \n of lands called for in this agreement will resolve longstanding \n environmental conflicts with respect to existing and proposed \n wilderness study areas, place important natural lands into \n public ownership, and further the interests of the State trust \n lands, the school children of Utah, and these conservation \n resources.\n (12) Under this agreement, the State interests to be \n conveyed to the United States by the State of Utah, and the \n Federal interests to be conveyed to the State of Utah by the \n United States, have been examined by licensed independent real \n estate consultants and, taken as a whole, have been found to be \n approximately equal in value.\n (b) Purpose.--The purpose of this Act is to enact into law and \ndirect prompt implementation of this agreement, and thereby to further \nthe public interest by consolidating State and Federal lands into \nmanageable units while facilitating the protection of lands with \nsignificant scientific, cultural, and natural resources.\n\nSEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH \n AND THE UNITED STATES.\n\n (a) Agreement.--The State of Utah, the Department of the Interior, \nand the Department of Agriculture have agreed to exchange certain \nFederal lands in the State of Utah for lands of approximately equal \nvalue managed by the Utah School and Institutional Trust Lands \nAdministration in the San Rafael Swell area of Utah, the Manti-La Sal \nNational Forest, and the Red Cliffs Desert Reserve.\n (b) Ratification.--All terms, conditions, procedures, covenants, \nreservations, and other provisions set forth in the document entitled \n``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands \nConsolidation'', dated June ____, 2002 (in this Act referred to as \n``the Agreement''), are hereby incorporated in this Act, are ratified \nand confirmed, and set forth the obligations of the United States, the \nState of Utah, and the Utah School and Institutional Trust Lands \nAdministration, as a matter of Federal law.\n\nSEC. 4. CONVEYANCES.\n\n (a) Conveyances.--All conveyances under sections 2, 3, and 4 of the \nAgreement shall be completed not later than 70 days after enactment of \nthis Act.\n (b) Maps and Legal Descriptions.--\n (1) In general.--The maps and legal descriptions referred \n to in the Agreement depict the lands subject to the conveyances \n under the Agreement.\n (2) Public availability.--The maps and legal descriptions \n referred to in the Agreement shall be on file and available for \n public inspection in the offices of the Secretary of the \n Interior, the Secretary of Agriculture, the Intermountain \n Regional Office of the Forest Service, and the Utah State \n Director of the Bureau of Land Management.\n (3) Conflict.--In case of any conflict between the maps and \n the legal descriptions in the Agreement, the legal descriptions \n shall control.\n\nSEC. 5. MINERAL DEVELOPMENT.\n\n All payments received by the United States pursuant to section \n13(c) of the Agreement shall be subject to sharing with the State of \nUtah in the same manner the United States shares bonus bids, rentals, \nand royalties with the State of Utah under section 35 of the Mineral \nLeasing Act (30 U.S.C. 191).\n\nSEC. 6. AUTHORIZATION.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act, including such sums as may be desired to reduce \nthe balance of the interest and principal amounts owed by the United \nStates to the Trust Lands Administration pursuant to sections 4 and 5 \nof the Agreement.\n\nSEC. 7. COSTS.\n\n The United States and the State of Utah shall each bear its own \nrespective costs incurred in the implementation of this Act.","summary":"Federal-Utah State Trust Lands Consolidation Act - Establishes that the State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for certain Utah State lands. Ratifies, confirms, and incorporates all provisions set forth in the Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation. Directs the Federal Government to share payments pursuant to the Agreement with the State of Utah as bonus bids, rental, and royalties are shared under the Mineral Leasing Act.","title":"A bill to provide for the exchange of certain lands in Utah.","text_len":10795,"sum_len":578} {"bill_id":"105_s1962","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education Modernization Fund Act''.\n\nSEC. 2. EDUCATION MODERNIZATION LOANS AND FUND.\n\n (a) Loans.--\n (1) In general.--The Secretary of Education (referred to in \n this subsection as the ``Secretary'') shall make loans to \n States for the purpose of constructing and modernizing \n elementary schools and secondary schools.\n (2) Terms.--The Secretary shall make low interest, long-\n term loans, as determined by the Secretary, under paragraph \n (1). The Secretary shall determine the eligibility requirements \n for, and the terms of, any loan made under paragraph (1).\n (3) Allocation of funds.--The Secretary shall determine a \n formula for allocating the funds made available under \n subsection (b)(4) to States for loans under paragraph (1). The \n Secretary shall ensure that the formula provides for the \n allocation of funds for such loans to each eligible State. In \n determining the formula, the Secretary shall take into \n consideration the need for financial assistance of States with \n significant increases in populations of elementary school and \n secondary school students.\n (4) Definitions.--In this subsection, the terms \n ``elementary school'' and ``secondary school'' have the \n meanings given the terms in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801).\n (b) Fund.--\n (1) Establishment.--There is established in the Treasury of \n the United States a trust fund, to be known as the ``Education \n Modernization Fund'', consisting of the amounts transferred to \n or deposited in the Trust Fund under paragraph (2) and any \n interest earned on investment of the amounts in the Trust Fund \n under paragraph (3).\n (2) Transfers and deposits.--\n (A) Transfer.--The Secretary of the Treasury shall \n transfer to the Trust Fund an amount equal to \n $5,000,000,000 from the modernization fund described in \n section 5302 of title 31, United States Code.\n (B) Deposits.--There shall be deposited in the \n Trust Fund all amounts received by the Secretary of \n Education incident to loan operations under subsection \n (a), including all collections of principal and \n interest.\n (3) Investment of trust fund.--\n (A) In general.--The Secretary of the Treasury \n shall invest the portion of the Trust Fund that is not, \n in the Secretary's judgment, required to meet current \n withdrawals.\n (B) Obligations.--Such investments may be made only \n in interest-bearing obligations of the United States or \n in obligations guaranteed as to both principal and \n interest by the United States. For such purpose, such \n obligations may be acquired--\n (i) on original issue at the issue price; \n or\n (ii) by purchase of outstanding obligations \n at the market price.\n (C) Purposes for obligations of the united \n states.--The purposes for which obligations of the \n United States may be issued under chapter 31 of title \n 31, United States Code, are extended to authorize the \n issuance at par of special obligations exclusively to \n the Trust Fund.\n (D) Interest.--Such special obligations shall bear \n interest at a rate equal to the average rate of \n interest, computed as to the end of the calendar month \n next preceding the date of such issue, borne by all \n marketable interest-bearing obligations of the United \n States then forming a part of the Public Debt, except \n that where such average rate is not a multiple of \\1\/8\\ \n of 1 percent, the rate of interest of such special \n obligations shall be the multiple of \\1\/8\\ of 1 percent \n next lower than such average rate.\n (E) Determination.--Such special obligations shall \n be issued only if the Secretary of the Treasury \n determines that the purchase of other interest-bearing \n obligations of the United States, or of obligations \n guaranteed as to both principal and interest by the \n United States on original issue or at the market price, \n is not in the public interest.\n (F) Sale of obligation.--Any obligation acquired by \n the Trust Fund (except special obligations issued \n exclusively to the Trust Fund) may be sold by the \n Secretary of the Treasury at the market price, and such \n special obligations may be redeemed at par plus accrued \n interest.\n (G) Credits to trust fund.--The interest on, and \n the proceeds from the sale or redemption of, any \n obligations held in the Trust Fund shall be credited to \n and form a part of the Trust Fund.\n (4) Expenditures from trust fund.--Amounts in the Trust \n Fund shall be available to the Secretary of Education for \n making expenditures to carry out subsection (a).","summary":"Education Modernization Fund Act - Directs the Secretary of Education to make low-interest, long-term loans to States for constructing and modernizing elementary and secondary schools. Requires the Secretary of Education to determine a formula for allocating such loans to eligible States, taking into consideration the needs of States with significant increases in school student populations. Establishes the Education Modernization Fund (EMF) in the Treasury to provide funds for such loans. Directs the Secretary of the Treasury to: (1) transfer to the EMF a specified amount from the Treasury's Exchange Stabilization Fund. And (2) invest, in a specified manner, the portion of the EMF that is not required to meet current withdrawals. Directs the Secretary of Education to deposit in the EMF all amounts received by incident to such loan operations, including all collections of principal and interest.","title":"Education Modernization Fund Act","text_len":5742,"sum_len":907} {"bill_id":"105_hr1462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfield Cleanup and Redevelopment \nRevolving Loan Fund Pilot Project Act of 1997''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds:\n (1) Nationwide, older abandoned or under-used commercial \n and industrial sites known as brownfields are often overlooked \n for redevelopment because of real or perceived contamination \n from past commercial or industrial activities.\n (2) Reuse of these sites often requires site assessment and \n cleanup, adding costs and uncertainties to the redevelopment \n process, and prompting many developers to pursue cheaper, less \n complicated development options on undeveloped sites.\n (3) Brownfields are at a competitive disadvantage relative \n to greenfield sites, as capital for their cleanup and \n redevelopment may not be available. Often located in distressed \n areas, brownfields, owned by public, private, or nonprofit \n entities, are frequently unable to secure financing for site \n remediation.\n (4) States have created remedial action programs to allow a \n person to respond voluntarily to a release or suspected release \n of hazardous substances at low and medium priority facilities. \n Such programs have flourished due to the States' ability to \n streamline duplicative State and Federal regulatory \n requirements and affect a timely, cost-effective, and \n environmentally protective cleanup of sites.\n (5) Because of their experience in administering targeted \n loan assistance programs, States are in a good position to use \n Federal funds to capitalize revolving loan funds to support \n local cleanup and redevelopment projects.\n (b) Purpose.--The purpose of this Act is to establish a pilot \nproject to revitalize distressed communities by providing loans for \ncleanup of eligible brownfield facilities and properties that are \nremediated through State voluntary cleanup programs and that have the \npotential to attract private investment, foster clean manufacturing, \nand create jobs for local residents.\n\nSEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER \n STATE VOLUNTARY CLEANUP PROGRAMS.\n\n (a) Establishment of Loan Program.--The Administrator of the \nEnvironmental Protection Agency (hereinafter in this Act referred to as \nthe ``Administrator'') shall establish a pilot project to provide a \ncapitalization loan to one or more States that submit applications to \nthe Administrator to establish or expand a State revolving loan fund \nfor purposes of providing loans for voluntary environmental cleanups of \neligible facilities.\n (b) Application for Loan.--An application for a capitalization loan \nunder this section shall be in such form as the Administrator considers \nappropriate. At a minimum, the application shall include each of the \nfollowing:\n (1) Evidence that the State is carrying out a voluntary \n cleanup program for eligible facilities. The Administrator \n shall ensure that the State voluntary program provides, at a \n minimum, adequate opportunities for meaningful public \n participation, sufficient technical assistance, and adequate \n oversight and enforcement authority to ensure that cleanups \n protect human health and the environment, adequate resources \n are available to carry out cleanup, and certification from the \n State to the owner or prospective purchaser that the cleanup is \n complete.\n (2) Evidence that the State will provide a matching share \n of at least 20 percent of the costs of such cleanup from either \n new or existing sources of State funding.\n (3) A description of the State's proposed revolving loan \n program and of the State's capability to manage the program. \n States may use interest income or loan repayments (in an amount \n equal to not more than 10 percent of their revolving loan \nfund amount) for program administrative purposes. At a minimum, the \nState's revolving loan program shall--\n (A) provide loans to both public and private \n parties conducting voluntary cleanups under the State's \n voluntary cleanup program who are unable to secure \nloans from private lending institutions or other means of financing;\n (B) require that borrowers demonstrate credit \n worthiness and the ability to carry out the cleanup; \n and\n (C) give priority to loans for the purpose of \n cleaning up--\n (i) facilities that are planned to be \n reused for industrial purposes that employ \n environmentally sound practices; and\n (ii) facilities that will generate jobs for \n contractors whose principal place of business \n is the political subdivision in which the \n facility is located or for laborers who reside \n in such political subdivisions.\n (4) A statement that the State will begin repayment of the \n loan within 5 years after receipt of the loan, and evidence of \n the State's ability to repay the loan.\n (5) A statement that a loan from the revolving loan fund \n will not be used to pay for any of the following:\n (A) New construction at previously undeveloped \n sites.\n (B) Environmental fines or penalties.\n (C) Speculative assessments or speculative \n rehabilitation at facilities with little or no \n potential for economic development.\n (6) Such other elements as the Administrator considers \n appropriate.\n (c) Amount of Loan.--The Administrator shall determine the \ndistribution of funds among the eligible States. The amount of a \ncapitalization loan made by the Administrator under this Act to a State \nmay not exceed 15 percent of the amount available each year to all the \neligible States.\n (d) Authorization.--There are authorized to be appropriated to the \nAdministrator for purposes of making capitalization loans to States \nunder the pilot project established by this section the sum of \n$5,000,000 for fiscal year 1998 and $7,500,000 for each of the fiscal \nyears 1999 and 2000.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act, the term ``eligible facility'' means a \nfacility or property that is a low- or medium-priority environmental \nhazard for the State, but whose environmental contamination is thought \nto be preventing the timely use, redevelopment, or reuse of the \nfacility or property, and is thought to be limited in scope and readily \nassessable, except that such term shall not include any of the \nfollowing:\n (1) A facility for which an abatement action has been taken \n or is scheduled to be taken under section 106 of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 or for which an action has been taken or \n is scheduled to be taken under section 7003 of the Solid Waste \n Disposal Act.\n (2) A facility that is the subject of a Federal response \n action under section 104 of the Comprehensive Environmental \n Response, Compensation, and Liability Act of 1980 (42 U.S.C. \n 9601 et seq.).\n (3) A facility included on the National Priorities List or \n proposed for inclusion and for which documentation for listing \n has been prepared by the State or the Administrator.\n (4) A facility required to have a permit under section 3005 \n of the Solid Waste Disposal Act that does not have a permit \n under that section and does not qualify for authorization to \n operate in interim status under subsection (e) of that section.\n (5) A land disposal unit with respect to which a closure \n requirement under subtitle C of the Solid Waste Disposal Act \n (42 U.S.C. 6921 et seq.) is submitted and closure requirements \n are specified in a closure plan or permit.\n (6) A facility that is the subject of a corrective action \n under section 3004(u) or 3008(h) of the Solid Waste Disposal \n Act (42 U.S.C. 5924(u) or 6928(h)) that has been evaluated as \n high priority under the Environmental Protection Agency's \n National Corrective Action Priority System as set forth in \n regulations under subtitle C of the Solid Waste Disposal Act.\n (7) A facility at which assistance for response activities \n may be obtained pursuant to subtitle I of the Solid Waste \n Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking \n Underground Storage Tank Trust Fund established under section \n 9508 of the Internal Revenue Code of 1986.\n (8) A facility owned or operated by a department, agency, \n or instrumentality of the United States.","summary":"Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1997 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project of capitalization loans to States to establish or expand revolving loan funds for voluntary cleanup of eligible facilities. Defines eligible facility, with exceptions, as a facility or property that is a low- or medium-priority environmental hazard for the State but whose environmental contamination is thought to be: (1) preventing the timely use, redevelopment, or reuse of the facility or property, and (2) limited in scope and readily assessable. Authorizes appropriations.","title":"Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1997","text_len":9303,"sum_len":657} {"bill_id":"105_s2106","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arches National Park Expansion Act \nof 1998''.\n\nSEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH.\n\n (a) Boundary Expansion.--The first section of Public Law 92-155 (16 \nU.S.C. 272) is amended--\n (1) by striking ``That (a) subject to'' and inserting the \n following:\n\n``SECTION 1. ESTABLISHMENT OF PARK.\n\n ``(a) In General.--\n ``(1) Initial boundaries.--Subject to''; and\n (2) by striking ``Such map'' and inserting the following:\n ``(2) Expanded boundaries.--Effective on the date of enactment \n of this paragraph, the boundary of the park shall include the area \n consisting of approximately 3,140 acres and known as the `Lost \n Spring Canyon Addition', as depicted on the map entitled `Boundary \n Map, Arches National Park, Lost Spring Canyon Addition', numbered \n 138\/60,000-B, and dated April 1997.\n ``(3) Maps.--The maps described in paragraphs (1) and (2)''.\n (b) Inclusion of Land in Park.--Section 2 of Public Law 92-155 (16 \nU.S.C. 272a) is amended--\n (1) by striking ``Sec. 2. The Secretary'' and inserting the \n following:\n\n``SEC. 2. ACQUISITION OF PROPERTY.\n\n ``(a) In General.--The Secretary''; and\n (2) by adding at the end the following:\n ``(b) Lost Spring Canyon Addition.--As soon as practicable after \nthe date of enactment of this subsection, the Secretary shall transfer \njurisdiction over the Federal land contained in the Lost Spring Canyon \nAddition from the Bureau of Land Management to the National Park \nService.''.\n (c) Livestock Grazing.--Section 3 of Public Law 92-155 (16 U.S.C. \n272b) is amended--\n (1) by striking ``Sec. 3. Where'' and inserting the following:\n\n``SEC. 3. LIVESTOCK GRAZING.\n\n ``(a) In General.--In a case in which''; and\n (2) by adding at the end the following:\n ``(b) Lost Spring Canyon Addition.--\n ``(1) Continuation of grazing leases, permits, and licenses.--\n In the case of any grazing lease, permit, or license with respect \n to land in the Lost Spring Canyon Addition that was issued before \n the date of enactment of this subsection, the Secretary shall, \n subject to periodic renewal, continue the grazing lease, permit, or \n license for a period equal to the lifetime of the holder of the \n grazing lease, permit, or license as of that date plus the lifetime \n of any direct descendants of the holder born before that date.\n ``(2) Retirement.--A grazing lease, permit, or license \n described in paragraph (1) shall be permanently retired at the end \n of the period described in paragraph (1).\n ``(3) Periodic renewal.--Until the expiration of the period \n described in paragraph (1), the holder (or descendant of the \n holder) of a grazing lease, permit, or license shall be entitled to \n renew the lease, permit, or license periodically, subject to such \n limitations, conditions, or regulations as the Secretary may \n prescribe.\n ``(4) Sale.--A grazing lease, permit, or license described in \n paragraph (1) may be sold during the period described in paragraph \n (1) only on the condition that the purchaser shall, immediately \n upon acquisition, permanently retire the lease, permit, or license.\n ``(5) Taylor grazing act.--Nothing in this subsection affects \n other provisions concerning leases, permits, or licenses under the \n Act of June 28, 1934 (commonly known as the `Taylor Grazing Act') \n (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).\n ``(6) Administration.--Any portion of a grazing lease, permit, \n or license with respect to land in the Lost Spring Canyon Addition \n shall be administered by the National Park Service.''.\n (d) Withdrawal From Mineral Entry and Leasing; Pipeline \nManagement.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is \namended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) In General.--The Secretary shall administer, protect and \ndevelop the park in accordance with the provisions of the law generally \napplicable to units of the National Park System, including the Act \nentitled `An Act to establish a National Park Service, and for other \npurposes', approved August 25, 1916 (39 Stat. 535).''; and\n (2) by striking subsection (b) and inserting the following:\n ``(b) Lost Spring Canyon Addition.--\n ``(1) Withdrawal.--Subject to valid existing rights, all \n Federal land in the Lost Spring Canyon Addition is appropriated and \n withdrawn from entry, location, selection, leasing, or other \n disposition under the public land laws (including the mineral \n leasing laws).\n ``(2) Effect.--The inclusion of the Lost Spring Canyon Addition \n in the park shall not affect the operation or maintenance by the \n Northwest Pipeline Corporation (or its successors or assigns) of \n the natural gas pipeline and related facilities located in the Lost \n Spring Canyon Addition on the date of enactment of this \n paragraph.''.\n (e) Effect on School Trust Land.--\n (1) Findings.--Congress finds that--\n (A) a parcel of State school trust land, more specifically \n described as section 16, township 23 south, range 22 east, of \n the Salt Lake base and meridian, is partially contained within \n the Lost Spring Canyon Addition included within the boundaries \n of Arches National Park by the amendment by subsection (a);\n (B) the parcel was originally granted to the State of Utah \n for the purpose of generating revenue for the public schools \n through the development of natural and other resources located \n on the parcel; and\n (C) it is in the interest of the State of Utah and the \n United States for the parcel to be exchanged for Federal land \n of equivalent value outside the Lost Spring Canyon Addition to \n permit Federal management of all lands within the Lost Spring \n Canyon Addition.\n (2) Land exchange.--Public Law 92-155 (16 U.S.C. 272 et seq.) \n is amended by adding at the end the following:\n\n``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LAND.\n\n ``(a) Exchange Requirement.--\n ``(1) In general.--If, not later than 1 year after the date of \n enactment of this section, and in accordance with this section, the \n State of Utah offers to transfer all right, title, and interest of \n the State in and to the school trust land described in subsection \n (b)(1) to the United States, the Secretary--\n ``(A) shall accept the offer on behalf of the United \n States; and\n ``(B) not later than 180 days after the date of acceptance, \n shall convey to the State of Utah all right, title, and \n interest of the United States in and to the land described in \n subsection (b)(2).\n ``(2) Simultaneous conveyances.--Title to the school trust land \n shall be conveyed at the same time as conveyance of title to the \n Federal lands by the Secretary.\n ``(3) Valid existing rights.--The land exchange under this \n section shall be subject to valid existing rights, and each party \n shall succeed to the rights and obligations of the other party with \n respect to any lease, right-of-way, or permit encumbering the \n exchanged land.\n ``(b) Description of Parcels.--\n ``(1) State conveyance.--The school trust land to be conveyed \n by the State of Utah under subsection (a) is section 16, Township \n 23 South, Range 22 East of the Salt Lake base and meridian.\n ``(2) Federal conveyance.--The Federal land to be conveyed by \n the Secretary consists of approximately 639 acres, described as \n lots 1 through 12 located in the S\\1\/2\\N\\1\/2\\ and the N\\1\/2\\N\\1\/\n 2\\N\\1\/2\\S\\1\/2\\ of section 1, Township 25 South, Range 18 East, Salt \n Lake base and meridian.\n ``(3) Equivalent value.--The Federal land described in \n paragraph (2) shall be considered to be of equivalent value to that \n of the school trust land described in paragraph (1).\n ``(c) Management by State.--\n ``(1) In general.--At least 60 days before undertaking or \n permitting any surface disturbing activities to occur on land \n acquired by the State of Utah under this section, the State shall \n consult with the Utah State Office of the Bureau of Land Management \n concerning the extent and impact of such activities on Federal land \n and resources and conduct, in a manner consistent with Federal law, \n inventory, mitigation, and management activities in connection with \n any archaeological, paleontological, and cultural resources located \n on the acquired lands.\n ``(2) Preservation of existing uses.--To the extent that it is \n consistent with applicable law governing the use and disposition of \n State school trust land, the State shall preserve existing grazing, \n recreational, and wildlife uses of the acquired lands in existence \n on the date of enactment of this section.\n ``(3) Activities authorized by management plan.--Nothing in \n this subsection precludes the State of Utah from authorizing or \n undertaking a surface or mineral activity that is authorized by a \n land management plan for the acquired land.\n ``(d) Implementation.--Administrative actions necessary to \nimplement the land exchange under this section shall be completed not \nlater than 180 days after the date of enactment of this section.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Arches National Park Expansion Act of 1998 - Modifies the boundary of the Arches National Park, Utah, to include the area known as the Lost Spring Canyon Addition. Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the area from the Bureau of Land Management to the National Park Service. Specifies restrictions on the continuation and sale of existing grazing leases, permits, or licenses for the area. Requires the Secretary to administer, protect, and develop the park in accordance with specified law. Withdraws Federal lands within the area from the public land laws, including the mineral leasing laws. Provides that the inclusion of the area in the Park shall not affect the operation or maintenance of the natural gas pipeline and related facilities located in the area by the Northwest Pipeline Corporation or its successors. Directs the Secretary to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands in the area, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities on the acquired lands. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands in existence on the enactment of this Act. Permits Utah to authorize or undertake surface or mineral activities authorized by land management plans for the acquired lands.","title":"Arches National Park Expansion Act of 1998","text_len":9810,"sum_len":1570} {"bill_id":"107_hr3548","text":"SECTION 1. NOTICE OF APPLICATION BY INDIAN TRIBE FOR FEDERAL STATUS.\n\n (a) Letter of Intent.--To seek acknowledgment or recognition as an \nIndian tribe under Federal law, the petitioner must first submit to the \nSecretary of the Interior a letter of intent to seek such status.\n (b) Notice to States.--Not later than 30 days after receiving a \nletter of intent, the Secretary shall notify the Governor and attorney \ngeneral of each State in which the petitioner states that it is located \nof the following:\n (1) That the letter of intent has been filed.\n (2) The name and contact information for the Indian tribe.\n (c) Notice to Municipalities.--Not later than 60 days after \nreceiving a letter of intent under subsection (a), the Secretary shall \nconsult with the Governor and attorney general of the affected State or \nStates to identify municipalities that are located within the vicinity \nof the place that the petitioner states on the application that it is \nlocated. The Secretary shall provide the notice required under \nsubsection (b) to such municipalities within 30 days of the completion \nof the consultation process.\n\nSEC. 2. INTERESTED PARTY STATUS.\n\n The Governor, attorney general, and each municipality identified \npursuant to section 1 shall be interested parties in the review of each \ncorresponding acknowledgement petition. The petitioner shall serve each \ninterested party with all documents submitted as part of its petition.\n\nSEC. 3. COMPLETION OF PETITION.\n\n In consultation with the petitioner, the Secretary shall determine \nwhen the petition is complete and ready for acknowledgment review. \nInterested parties shall be notified of such determination within 30 \ndays. No additional documents shall be submitted by the petitioner \nafter this determination until issuance of a proposed finding under \npart 83 of title 25, Code of Federal Regulations.\n\nSEC. 4. ACTIVE REVIEW.\n\n The Secretary shall notify the petitioner and all interested \nparties, and publish notice in the Federal Register, of the date that a \npetition comes under active review under part 83 of title 25, Code of \nFederal Regulations. Such notice shall be provided within 7 days of the \ndate the petition comes under active review.\n\nSEC. 5. PUBLIC COMMENT ON APPLICATION FOR FEDERAL STATUS.\n\n The Secretary shall provide a reasonable period for comment by \ninterested parties and the public on each petition for Federal \nacknowledgment or recognition. Such comment period shall commence upon \nfiling of a letter of intent and end no sooner than 120 days before the \ndeadline for issuance of a proposed finding under part 83 of title 25, \nCode of Federal Regulations. Interested parties shall serve their \ncomments on the petitioner and any other interested parties. The \nSecretary shall provide all public comments to the petitioner and \ninterested parties. Such comments shall be given full consideration \nwhen deciding to grant or deny the petition. Any petition under review \non the date of the enactment of this Act not subject to such comment \nshall be reconsidered by the Secretary to provide a comment period in \naccordance with this section.\n\nSEC. 6. REGULATORY CRITERIA.\n\n The Director may not grant Federal acknowledgment or recognition to \nany Indian tribe unless such petitioner has met all of the criteria \nlisted in part 83 of title 25, Code of Federal Regulations. When \nissuing proposed findings and final determinations on Federal \nacknowledgment or recognition, the Secretary shall publish in the \nFederal Register detailed findings on each of those criteria. Such \nfindings shall be accompanied by a report under part 83 of title 25, \nCode of Federal Regulations. Any findings for petitions under review on \nthe date of the enactment of this Act for which such findings and \nreport have not been issued shall be reconsidered by the Secretary in \naccordance with this section.\n\nSEC. 7. FUNDING FOR BRANCH OF ACKNOWLEDGMENT AND RESEARCH.\n\n There is authorized to be appropriated for the Branch of \nAcknowledgment and Research of the Bureau of Indian Affairs $1,800,000 \neach fiscal year.\n\nSEC. 8. GRANT PROGRAM FOR PARTICIPATION IN DECISIONMAKING PROCESSES.\n\n (a) In General.--To the extent funds are made available by \nappropriations and acceptable requests are submitted, the Secretary \nshall provide grants to local governments to assist those local \ngovernments in participating in the decisionmaking process related to \nactions described in subsection (b), if the Secretary determines that \nsuch actions are likely to significantly affect the people represented \nby the local governments and to reimburse local governments for the \ncosts of such participation that were incurred after the date of the \nenactment of this Act. Grants may also be made under this section to \nreimburse local governments for activities that were undertaken before \nthe date of the enactment of this Act, but which otherwise meet the \nrequirements for a grant under this section.\n (b) Actions for Which Grants May Be Available.--The Secretary may \nmake grants under this section for participation assistance related to \nthe following actions:\n (1) Acknowledgment.--An Indian group is seeking Federal \n acknowledgment or recognition and the Secretary determines that \n the Indian group seeking such acknowledgment or recognition (or \n reacknowledgment or rerecognition) is located within or \n adjacent to the boundaries of the area under the jurisdiction \n of the local government, or has asserted or is likely to seek \n trust status with respect to land within boundaries of the area \n over which the local government has jurisdiction.\n (2) Trust land.--An acknowledged Indian tribe is requesting \n that land within, or adjacent to, the boundaries of the area \n over which the local government has jurisdiction be put into \n trust status for that tribe.\n (3) Land claims.--An Indian group or an acknowledged Indian \n tribe is claiming, or is expected to claim, interest in land \n based upon a treaty or a law specifically applicable to \n transfers of land or natural resources from, by, or on behalf \n of any Indian, Indian nation, or group, tribe, or band of \n Indians (including the Acts commonly known as the Trade and \n Intercourse Acts (1 Stat. 137; 2 Stat. 139; and 4 Stat. 729)).\n (4) Other actions.--Any other action or proposed action \n relating to an Indian group or acknowledged Indian tribe if the \n Secretary determines that the action or proposed action is \n likely to significantly affect the people represented by that \n local government.\n (c) Amount of Grants.--Grants awarded under this section to a local \ngovernment for any one action may not exceed $500,000 in any fiscal \nyear.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $8,000,000 for each fiscal year.\n\nSEC. 9. GRANT PROGRAM FOR IMPACT AID.\n\n (a) In General.--To the extent funds are made available by \nappropriations and acceptable requests are submitted, the Secretary \nshall provide grants to local governments to assist those local \ngovernments with activities related to infrastructure, public safety, \nor social services, if the Secretary determines that such activities \nare made necessary or prudent as a result of the activities of a \nfederally recognized Indian tribe.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $10,000,000 for each fiscal \nyear.\n\nSEC. 10. REPEAL OF REVOLVING DOOR EXEMPTION.\n\n Section 104(j) of the Indian Self-Determination and Education \nAssistance Act (25 U.S.C. 450i(j)) is repealed.\n\nSEC. 11. DEFINITIONS.\n\n For the purposes of this Act, the following definitions apply:\n (1) Acknowledged indian tribe.--The term ``acknowledged \n Indian tribe'' means any Indian tribe, band, nation, pueblo, or \n other organized group or community which is recognized as \n eligible for the special programs and services provided by the \n United States to Indians because of their status as Indians.\n (2) Director.--The term ``Director'' means the Director of \n the Bureau of Indian Affairs.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.","summary":"Sets forth procedures regarding the submission and notification of letters of intent by Indian tribes seeking acknowledgment or recognition under Federal law. Provides that petitioning tribes must first submit letters of intent to the Secretary of the Interior. Makes the Governor, the Attorney General, and each municipality located within the vicinity interested parties in the review. Requires the Secretary to: (1) determine when a petition is complete and ready for acknowledgment review, notify the petitioner and all interested parties, and publish notice in the Federal Register. And (2) provide a reasonable period for comment. Directs the Secretary of the Interior to provide grants to assist local governments in participating in the decision making process related to the following actions if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse such governments for the costs of such participation: (1) an Indian group is seeking Federal acknowledgment or recognition and the Secretary determines that such group is located within or adjacent to the area under the local government's jurisdiction, or has asserted or is likely to seek trust status with respect to land within the area over which the local government has jurisdiction. (2) an acknowledged tribe is requesting that land within or adjacent to the area over which the local government has jurisdiction be put into trust status for it. And (3) an Indian group or an acknowledged tribe is claiming, or is expected to claim, interest in land based upon a treaty or law specifically applicable to land or natural resource transfers from, by, or on behalf of Indians. Permits the making of grants also to reimburse local governments for activities that were undertaken before the enactment of this Act. Directs the Secretary to provide grants to local governments to assist them with activities related to infrastructure, public safety, or social services that are made necessary or prudent as a result of a federally-recognized tribe's activities.","title":"To provide for uniform recognition of Indian tribes by the Bureau of Indian Affairs, and for other purposes.","text_len":8509,"sum_len":2109} {"bill_id":"105_s449","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Patient Right to \nKnow Act''.\n (b) Findings.--Congress finds the following:\n (1) Patients need access to all relevant information to \n make appropriate decisions about their health care.\n (2) Open medical communications between health care \n providers and their patients is a key to prevention and early \n diagnosis and treatment, as well as to informed consent and \n quality, cost-effective care.\n (3) Open medical communications are in the best interests \n of patients.\n (4) Open medical communications must meet applicable legal \n and ethical standards of care.\n (5) It is critical that health care providers continue to \n exercise their best medical, ethical, and moral judgment in \n advising patients without interference from health plans.\n (6) The offering and operation of health plans affect \n commerce among the States.\n (c) Purpose.--It is the purpose of this Act to establish a Federal \nstandard that protects medical communications between health care \nproviders and patients.\n\nSEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL \n COMMUNICATIONS.\n\n (a) Prohibition.--\n (1) General rule.--The provisions of any contract or \n agreement, or the operation of any contract or agreement, \n between an entity operating a health plan (including any \n partnership, association, or other organization that enters \n into or administers such a contract or agreement) and a health \n care provider (or group of health care providers) shall not \n prohibit or restrict the provider from engaging in medical \n communications with his or her patient.\n (2) Nullification.--Any contract provision or agreement \n described in paragraph (1) shall be null and void.\n (3) Prohibition on provisions.--Effective on the date \n described in section 5, a contract or agreement described in \n paragraph (1) shall not include a provision that violates \n paragraph (1).\n (b) Rules of Construction.--Nothing in this Act shall be \nconstrued--\n (1) to prohibit the enforcement, as part of a contract or \n agreement to which a health care provider is a party, of any \n mutually agreed upon terms and conditions, including terms and \n conditions requiring a health care provider to participate in, \n and cooperate with, all programs, policies, and procedures \n developed or operated by a health plan to assure, review, or \n improve the quality and effective utilization of health care \n services (if such utilization is according to guidelines or \n protocols that are based on clinical or scientific evidence and \n the professional judgment of the provider) but only if the \n guidelines or protocols under such utilization do not prohibit \n or restrict medical communications between providers and their \n patients; or\n (2) to permit a health care provider to misrepresent the \n scope of benefits covered under a health plan or to otherwise \n require the plan to reimburse providers for benefits not \n covered under the plan\n (c) Enforcement.--\n (1) State authority.--Except as otherwise provided in this \n subsection, each State shall enforce the provisions of this Act \n with respect to health insurance issuers that issue, sell, \n renew, or offer health plans in the State.\n (2) Enforcement by secretary.--\n (A) In general.--Effective on January 1, 1998, if \n the Secretary, after consultation with the chief \n executive officer of a State and the insurance \n commissioner or chief insurance regulatory official of \n the State, determines that the State has failed to \n substantially enforce the requirements of this Act with \n respect to health insurance issuers in the State, the \n Secretary shall enforce the requirements of this Act \nwith respect to such State.\n (B) Enforcement through imposition of civil money \n penalty.--\n (i) In general.--With respect to a State in \n which the Secretary is enforcing the \n requirements of this Act, an entity operating a \n health plan in that State that violates \n subsection (a) shall be subject to a civil \n money penalty of up to $25,000 for each such \n violation.\n (ii) Procedures.--For purposes of imposing \n a civil money penalty under clause (i), the \n provisions of subparagraphs (C) through (G) of \n section 2722(b)(2) of the Health Insurance \n Portability and Accountability Act of 1996 (42 \n U.S.C. 300gg-22(b)(2)) shall apply except that \n the provisions of clause (i) of subparagraph \n (C) of such section shall not apply.\n (3) Self-insured plans.--Effective on January 1, 1998, the \n Secretary of Labor shall enforce the requirements of this \n section in the case of a health plan not subject to State \n regulation by reason of section 514(b) of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)).\n (4) Rule of construction.--Nothing in this Act shall be \n construed to affect or modify the provisions of section 514 of \n the Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1144).\n (d) No Preemption of More Protective Laws.--A State may establish \nor enforce requirements with respect to the protection of medical \ncommunications, but only if such requirements are equal to or more \nprotective of such communications than the requirements established \nunder this section.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Health care provider.--The term ``health care \n provider'' means anyone licensed or certified under State law \n to provide health care services who is operating within the \n scope of such license.\n (2) Health insurance issuer.--The term ``health insurance \n issuer'' has the meaning given such term in section 2791(b)(2) \n of the Public Health Service Act (as added by the Health \n Insurance Portability and Accountability Act of 1996).\n (3) Health plan.--The term ``health plan'' means a group \n health plan (as defined in section 2791(a) of the Public Health \n Service Act (as added by the Health Insurance Portability and \n Accountability Act of 1996)) and any individual health \n insurance (as defined in section 2791(b)(5)) operated by a \n health insurance issuer and includes any other health care \n coverage provided through a private or public entity. In the \n case of a health plan that is an employee welfare benefit plan \n (as defined in section 3(1) of the Employee Retirement Income \n Security Act of 1974), any third party administrator or other \n person with responsibility for contracts with health care \n providers under the plan shall be considered, for purposes of \n enforcement under this section, to be a health insurance issuer \n operating such health plan.\n (4) Medical communication.--\n (A) In general.--The term ``medical communication'' \n means any communication made by a health care provider \n with a patient of the health care provider (or the \n guardian or legal representative of such patient) with \n respect to--\n (i) the patient's health status, medical \n care, or legal treatment options;\n (ii) any utilization review requirements \n that may affect treatment options for the \n patient; or\n (iii) any financial incentives that may \n affect the treatment of the patient.\n (B) Misrepresentation.--The term ``medical \n communication'' does not include a communication by a \n health care provider with a patient of the health care \n provider (or the guardian or legal representative of \n such patient) if the communication involves a knowing \n or willful misrepresentation by such provider.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act shall take effect on the date of enactment of this Act, \nexcept that section 2(a)(3) shall take effect 180 days after such date \nof enactment.","summary":"Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan and a health care provider from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines medical communication as being a communication between a provider and a patient regarding the patient's health status, medical care, or legal treatment options.","title":"Patient Right to Know Act","text_len":9240,"sum_len":1077} {"bill_id":"109_hr6003","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Psychological Kevlar Act of 2006''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to reduce the number of psychological \ncasualties among military personnel by providing members of the Armed \nForces entering combat with the training, supports, and other evidence-\nbased measures necessary to improve their psychological resilience and \nreduce their susceptibility to post-traumatic stress disorder and other \nstress-related psychopathologies.\n\nSEC. 3. PLANS FOR REDUCING POST TRAUMATIC STRESS DISORDER.\n\n (a) Plan for Prevention.--\n (1) In general.--The Secretary of Defense shall develop and \n implement a plan to incorporate evidence-based preventive and \n early-intervention measures, practices, or procedures that \n reduce the likelihood that personnel in combat will develop \n post-traumatic stress disorder or other stress-related \n psychopathologies (including substance use conditions) into--\n (A) basic and pre-deployment training for enlisted \n members of the Armed Forces, noncommissioned officers, \n and officers;\n (B) combat theater operations; and\n (C) post-deployment service.\n (2) Updates.--The Secretary of Defense shall update the \n plan under paragraph (1) periodically to incorporate, as the \n Secretary considers appropriate, the results of relevant \n research, including research conducted pursuant to section 4.\n (b) Research.--Subject to section 4, the Secretary of Defense shall \nconduct and fund, in consultation with the Department of Veterans \nAffairs, the National Institutes of Health, and the National Academy of \nSciences, such research as is necessary to develop the plan described \nin subsection (a).\n (c) Outreach and Education.--\n (1) Training program for officers.--The Secretary of \n Defense shall develop and implement a training program to \n educate and promote understanding and awareness among \n commissioned officers and non-commissioned officers about the \n signs and risks of combat stress as well as the signs and risks \n of stress-related psychopathology (including substance use \n conditions). Training should include decisions-making tools for \n making a referral for follow-up care.\n (2) Training program for medical professionals.--The \n Secretary of Defense shall develop and implement a training \n program to educate front-line medical professionals and primary \n care providers about the signs and risks of combat stress as \n well as the signs and risks of stress-related psychopathology \n (including substance use conditions).\n (3) Education of members of armed forces.--The Secretary of \n Defense shall educate members of the Armed Forces and their \n families to recognize signs of combat stress, provide members \n pre-deployment combat stress management training, and increase \n outreach and access to members and their families about \n programs and treatment options (such as individual and family \n therapy) that mitigate the negative impact of combat stress on \n the returning member.\n (4) Information dissemination.--The Secretary of Defense \n shall work with the Department of Veterans Affairs and the \n National Institutes of Health to research and implement best \n practices for information dissemination to enlisted personnel, \n officers, unit commanders, primary care providers and other \n medical personnel, and families of members of the Armed Forces.\n\nSEC. 4. EVIDENCE-BASED RESEARCH AND TRAINING.\n\n (a) Working Group.--The Secretary of Defense shall establish, in \ncoordination with the Department of Veterans Affairs, the National \nInstitutes of Health, and the National Academy of Sciences' Institute \nof Medicine, a working group tasked with researching and developing \nevidence-based measures, practices, or procedures that reduce the \nlikelihood that personnel in combat will develop post-traumatic stress \ndisorder or other stress-related psychological pathologies (including \nsubstance use conditions). The working group shall include personnel \nwith experience in a combat theater, and behavioral health personnel \nwho have experience providing treatment to individuals with experience \nin a combat theater.\n (b) Peer-Reviewed Research Program.--The Secretary of Defense shall \nestablish a new Peer-Reviewed Research program within the Defense \nHealth Program's research and development function to research and \ndevelop evidence-based preventive and early intervention measures, \npractices, or procedures that reduce the likelihood that personnel in \ncombat will develop post-traumatic stress disorder or other stress-\nrelated psychopathologies (including substance use conditions). There \nis authorized to be appropriated to carry out this subsection \n$50,000,000 for fiscal year 2007 and such sums as may be necessary \nthereafter.\n (c) Report.--The Secretary of Defense shall submit to Congress \nannually a report on the following:\n (1) The status of research conducted under this section.\n (2) The status of the plan required under section 3(a) and \n the expected timeline for the implementation of the plan.\n (3) After the plan under section 3(a) has been implemented, \n the status of the implementation, including measures of the \n plan's impact on psychological casualty rates.\n (d) Facilitation.--The Secretary of Defense shall take such steps \nas practicable to facilitate the ability of investigators funded under \nthis section to work with active-duty military personnel in the course \nof their research.","summary":"Psychological Kevlar Act of 2006 - Directs the Secretary of Defense to develop and implement a plan to incorporate preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder (PTSD) or other stress-related psychopathologies, including substance use conditions. Requires the Secretary to: (1) update the plan periodically. (2) develop and implement a training program to educate and promote awareness among commissioned and noncommissioned officers, front-line medical professionals and primary care providers, and military personnel and their families about the signs and risks of combat stress and stress-related psychopathology. (3) establish a working group to research and develop measures that reduce the likelihood of PTSD or other pathologies in combat veterans. And (4) establish a new Peer-Reviewed Research program for such research and development.","title":"To reduce post traumatic stress disorder and other combat-related stress disorders among military personnel, and for other purposes.","text_len":5909,"sum_len":964} {"bill_id":"109_s2163","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Armed Forces Education Benefits \nImprovement Act''.\n\nSEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE \n UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS.\n\n (a) In General.--Section 3015 of title 38, United States Code, is \namended--\n (1) in subsection (a), by amending paragraph (1) to read as \n follows:\n ``(1) for an approved program of education pursued on a \n full-time basis--\n ``(A) $1,584 per month for months during fiscal \n year 2005; and\n ``(B) for months during fiscal year 2006 and each \n subsequent fiscal year, the monthly amount under this \n paragraph for the previous fiscal year multiplied by \n the percentage increase calculated under subsection \n (h); or'';\n (2) in subsection (b), by amending paragraph (1) to read as \n follows:\n ``(1) for an approved program of education pursued on a \n full-time basis--\n ``(A) $1,267 per month for months during fiscal \n year 2005; and\n ``(B) for months during fiscal year 2006 and each \n subsequent fiscal year, the monthly amount under this \n paragraph for the previous fiscal year multiplied by \n the percentage increase calculated under subsection \n (h); or''; and\n (3) in subsection (h)(1), by striking ``all items'' and \n inserting ``college tuition and fees''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the first day of the first month beginning after the \ndate of enactment of this Act.\n\nSEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS.\n\n (a) Findings.--Congress finds that--\n (1) the enhanced educational benefits provided under the \n Ronald W. Reagan National Defense Authorization Act for Fiscal \n Year 2005 are an important step in ensuring that members of the \n Selected Reserve are thanked for their increasing role in the \n modern warfare; and\n (2) when these members return from extended tours in Iraq, \n Afghanistan, and other places, they should be provided with \n immediate access to these enhanced educational benefits.\n (b) Cooperation.--The Secretary of Defense shall work expeditiously \nwith the Secretary of Veterans Affairs to ensure that members of the \nSelected Reserve receive the educational benefits referred to in \nsubsection (a) in a timely manner.\n (c) Studies.--\n (1) Secretary of defense.--The Secretary of Defense shall \n conduct a study analyzing the effect of all Montgomery GI bill \n educational benefits on recruitment and retention during the \n 12-month period beginning on the date on which the enhanced \n benefits referred to in subsection (a) become available.\n (2) Secretary of veterans affairs.--The Secretary of \n Veterans Affairs shall conduct a study analyzing the effect of \n all Montgomery GI bill educational benefits on the readjustment \n of veterans eligible for educational benefits under section \n 3015 of title 38, United States Code, and chapters 1606 and \n 1607 of title 10, United States Code, during the 12-month \n period beginning on the date on which the enhanced benefits \n referred to in subsection (a) become available.\n (3) Report.--Not later than 18 months after the date on \n which the enhanced benefits referred to in subsection (a) \n become available, the Secretary of Defense and the Secretary of \n Veterans Affairs shall submit a report on the results of the \n studies conducted under paragraphs (1) and (2) to--\n (A) the Committee on Armed Services of the Senate;\n (B) the Committee on Armed Services of the House of \n Representatives;\n (C) the Committee on Veterans' Affairs of the \n Senate; and\n (D) the Committee on Veterans' Affairs of the House \n of Representatives.\n\nSEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE \n UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE \n SELECTED RESERVE.\n\n (a) Increase in Rates.--Section 16131(b) of title 10, United States \nCode, is amended--\n (1) in paragraph (1)--\n (A) by striking ``at the following rates:'' and \n inserting ``--''; and\n (B) by striking subparagraphs (A) through (C) and \n inserting the following:\n ``(A) for a program of education pursued on a full-time \n basis--\n ``(i) $475 per month for months during fiscal year \n 2005; and\n ``(ii) for months during fiscal year 2006 and each \n subsequent fiscal year, the monthly amount under this \n subparagraph for the previous fiscal year multiplied by \n the percentage increase calculated under paragraph (2);\n ``(B) for a program of education pursued on a three-\n quarter-time basis--\n ``(i) $356 per month for months during fiscal year \n 2005; and\n ``(ii) for months during fiscal year 2006 and each \n subsequent fiscal year, the monthly amount under this \n subparagraph for the previous fiscal year multiplied by \n the percentage increase calculated under paragraph (2);\n ``(C) for a program of education pursued on a half-time \n basis--\n ``(i) $238 per month for months during fiscal year \n 2005; and\n ``(ii) for months during fiscal year 2006 and each \n subsequent fiscal year, the monthly amount under this \n subparagraph for the previous fiscal year multiplied by \n the percentage increase calculated under paragraph (2); \n and''; and\n (2) in paragraph (2)--\n (A) by inserting ``beginning on or after October 1, \n 2005'' after ``With respect to any fiscal year''; and\n (B) in subparagraph (A), by striking ``all items'' \n and inserting ``college tuition and fees''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the first day of the first month beginning after the \ndate of enactment of this Act.\n\nSEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER \n THE MONTGOMERY GI BILL.\n\n (a) In General.--Chapter 30 of title 38, United States Code, is \namended by inserting after section 3018C the following:\n``Sec. 3018D. Opportunity for certain active-duty personnel to enroll\n ``(a)(1) Notwithstanding any other provision of this chapter, \nduring the 1-year period beginning on the date of enactment of this \nsection, a qualified individual (described in subsection (b)) may make \nan irrevocable election under this section to receive basic educational \nassistance under this chapter.\n ``(2) The Secretary of each military department shall provide for \nprocedures for a qualified individual to make an irrevocable election \nunder this section in accordance with regulations prescribed by the \nSecretary of Defense for the purpose of carrying out this section or \nwhich the Secretary of Homeland Security shall provide for such purpose \nwith respect to the Coast Guard when it is not operating as a service \nin the Navy.\n ``(b) A qualified individual referred to in subsection (a) is an \nindividual who meets each of the following requirements:\n ``(1) The individual first became a member of the Armed \n Forces or first served on active duty as a member of the Armed \n Forces before July 1, 1985.\n ``(2) The individual--\n ``(A) has served on active duty without a break in \n service since the date the individual first became such \n a member or first served on active duty as such a \n member; and\n ``(B) continues to serve on active duty for some or \n all of the 1-year period described in subsection (a).\n ``(3) The individual, before applying for benefits under \n this section--\n ``(A) completed the requirements of a secondary \n school diploma (or equivalency certificate); or\n ``(B) has successfully completed (or otherwise \n received academic credit for) the equivalent of 12 \n semester hours in a program of education leading to a \n standard college degree.\n ``(4) The individual, when discharged or released from \n active duty, is discharged or released therefrom with an \n honorable discharge.\n ``(c)(1) Subject to paragraph (2), with respect to a qualified \nindividual who elects under this section to receive basic educational \nassistance under this chapter--\n ``(A) the basic pay of the qualified individual shall be \n reduced (in a manner determined by the Secretary concerned) \n until the total amount by which such basic pay is reduced is \n $1,200; and\n ``(B) to the extent that basic pay is not reduced under \n subparagraph (A) before the qualified individual's discharge or \n release from active duty, an amount equal to the difference \n between $1,200 and the total amount of reductions under \n subparagraph (A), which shall be paid into the Treasury of the \n United States as miscellaneous receipts, shall, at the election \n of the qualified individual, be--\n ``(i) collected from the qualified individual by \n the Secretary concerned; or\n ``(ii) withheld from the retired or retainer pay of \n the qualified individual by the Secretary concerned.\n ``(2)(A) The Secretary concerned shall provide for an 18-month \nperiod, beginning on the date the qualified individual makes an \nelection under this section, for the qualified individual to pay that \nSecretary the amount due under paragraph (1).\n ``(B) Nothing in subparagraph (A) shall be construed as modifying \nthe period of eligibility for and entitlement to basic educational \nassistance under this chapter applicable under section 3031 of this \ntitle.\n ``(d) With respect to qualified individuals referred to in \nsubsection (c)(1)(B), no amount of educational assistance allowance \nunder this chapter shall be paid to the qualified individual until the \nearlier of the date on which--\n ``(1) the Secretary concerned collects the applicable \n amount under subsection (c)(1)(B)(i); or\n ``(2) the retired or retainer pay of the qualified \n individual is first reduced under subsection (c)(1)(B)(ii).\n ``(e) The Secretary, in conjunction with the Secretary of Defense, \nshall provide for notice of the opportunity under this section to elect \nto become entitled to basic educational assistance under this \nchapter.''.\n (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United \nStates Code, is amended--\n (1) in subparagraphs (A) and (C), by striking ``or \n 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and\n (2) in subparagraph (B), by inserting ``or 3018D(c)'' after \n ``under section 3018C(e)''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 30 of title 38, United States Code, is amended by inserting \nafter the item relating to section 3018C the following:\n\n``3018D. Opportunity for certain active-duty personnel to enroll.''.","summary":"Armed Forces Education Benefits Improvement Act - Increases for FY2005 and thereafter the amount of monthly basic educational assistance under the Montgomery GI Bill for veterans whose obligated period of active duty for such entitlement is three years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Directs the Secretary of Defense to work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive their educational benefits in a timely manner. Requires a study from the Secretary of: (1) Defense analyzing the effect of all GI Bill educational benefits on recruitment and retention. And (2) Veterans Affairs analyzing the effect of such benefits on the readjustment of veterans eligible for the increased benefits, above. Increases for FY2005 and thereafter the amount of monthly educational assistance for members of the Selected Reserve who agree to remain members for at least six years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Allows eligible members of the Armed Forces to make an irrevocable election to receive basic educational assistance under the GI Bill. Defines as eligible members those who: (1) first became a member or first served on active duty before July 1, 1985. (2) served on active duty without a break in service since such date. (3) continue to so serve during the one-year period following enactment of this Act. (4) have successfully completed the requirements of a secondary school diploma and the equivalent of 12 semester hours toward a standard college degree, and (5) when discharged or released, receive an honorable discharge.","title":"A bill to amend titles 10 and 38 of the United States Code, to increase and index educational benefits for veterans under the Montgomery GI bill to ensure adequate and equitable benefits for active duty members and members of the selected Reserve, and to include certain servicemembers previously excluded from such benefits.","text_len":12072,"sum_len":1739} {"bill_id":"106_s1579","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Sexual Trauma Treatment \nAct''.\n\nSEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED \n SEXUAL TRAUMA.\n\n (a) Duration of Program.--Section 1720D of title 38, United States \nCode, is amended in subsection (a)--\n (1) in paragraph (1), by striking ``During the period \n through December 31, 2001, the'' and inserting ``The'';\n (2) in paragraph (2), by striking ``During the period \n referred to in paragraph (1), the'' and inserting ``The''; and\n (3) in paragraph (3), by striking ``, during the period \n through December 31, 2001,''.\n (b) Mandatory Nature of Program.--Subsection (a) of such section is \nfurther amended in paragraphs (1) and (2) by striking ``may'' and \ninserting ``shall''.\n (c) Provision of Treatment for Sexual Trauma.--Such subsection is \nfurther amended in paragraphs (1) and (3) by inserting ``and \ntreatment'' after ``counseling'' each place it appears.\n (d) Determinations To Be Made by Mental Health Professionals.--Such \nsubsection is further amended in paragraph (1) by striking ``the \nSecretary determines'' and inserting ``a mental health professional \nemployed by the Department determines''.\n (e) Outreach Efforts.--Subsection (c) of such section is amended--\n (1) by inserting ``and treatment'' in the first sentence \n and in paragraph (2) after ``counseling'';\n (2) by striking ``and'' at the end of paragraph (1);\n (3) by redesignating paragraph (2) as paragraph (3); and\n (4) by inserting after paragraph (1) the following new \n paragraph (2):\n ``(2) shall ensure that information about the counseling \n and treatment available to veterans under this section (which \n information shall be revised and updated not less often than \n every two years)--\n ``(A) is made available and visibly posted at each \n facility of the Department; and\n ``(B) is advertised through public service \n announcements, pamphlets, billboards, and other \n appropriate means of communication; and''.\n (f) Persons Eligible for Counseling and Treatment.--Such section is \nfurther amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection (d):\n ``(d)(1) A veteran shall be eligible for counseling and treatment \nunder this section without regard to the provisions of section 5303A of \nthis title.\n ``(2) An individual who is a member of a reserve component shall be \neligible for counseling and treatment under this section in the same \nmanner as a veteran and without regard to the provisions of section \n5303A of this title.\n ``(3) An individual who is a former member of a reserve component \n(but who is not a veteran within the meaning of section 101 of this \ntitle) and who was discharged or released from service as a member of a \nreserve component under conditions other than dishonorable shall be \neligible for counseling and treatment under this section in the same \nmanner as a veteran and without regard to the provisions of section \n5303A of this title.''.\n (g) Oversight of Outreach Activities.--Not later than four months \nafter the date of the enactment of this Act, the Secretary of Veterans \nAffairs shall complete the design and updating of public service \nannouncements, pamphlets, billboards, and other appropriate means of \ncommunication as required for implementation of paragraph (2) of \nsection 1720D(c) of title 38, United States Code, as added by \nsubsection (e)(3). Not later than six months after that date, the \nSecretary shall submit to the Committees on Veterans' Affairs of the \nSenate and House of Representatives examples of the documents and other \nmeans of communication developed for compliance with that paragraph.\n (h) Report on Implementation of Sexual Trauma Treatment Program.--\nNot later than 14 months after the date of the enactment of this Act, \nthe Secretary of Veterans Affairs shall submit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives a report \non the use made of the authority provided under section 1720D of title \n38, United States Code, as amended by this section. The report shall \ninclude the following with respect to activities under such section \n1720D since the enactment of such section 1720D:\n (1) The number of persons who have sought counseling under \n such section 1720D.\n (2) The number of veterans who have received counseling \n under such section.\n (3) The number of veterans who have been referred to non-\n Department mental health facilities and providers in connection \n with sexual trauma counseling and treatment.\n (4) The number of veterans who have been determined by the \n Secretary to have a service-connected disease or disability \n resulting from sexual trauma.\n\nSEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION \n CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT \n SERVICES.\n\n (a) Report Required.--Not later than 14 months after the date of \nthe enactment of this Act, the Secretary of Veterans Affairs and the \nSecretary of Defense shall submit to the congressional committees \nspecified in subsection (b) a joint report describing in detail the \ncollaborative efforts of the Department of Veterans Affairs and the \nDepartment of Defense to ensure that members of the Armed Forces, upon \nseparation from active military, naval, or air service, are provided \nappropriate and current information about programs of the Department of \nVeterans Affairs to provide counseling and treatment for sexual trauma \nthat may have been experienced by those members while in the active \nmilitary, naval, or air service, including information about \neligibility requirements for, and procedures for applying for, such \ncounseling and treatment. The report shall include proposed \nrecommendations from both the Secretary of Veterans Affairs and the \nSecretary of Defense for the improvement of their collaborative efforts \nto provide such information.\n (b) Specified Committees.--The committees referred to in subsection \n(a) are the following:\n (1) The Committee on Veterans' Affairs and the Committee on \n Armed Services of the House of Representatives.\n (2) The Committee on Veterans' Affairs and the Committee on \n Armed Services of the Senate.","summary":"Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service . Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications. And (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.","title":"Veterans Sexual Trauma Treatment Act","text_len":6691,"sum_len":1376} {"bill_id":"111_s3098","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protect Our Recovery Through \nOversight of Proprietary Trading Act of 2010'' or the ``PROP Trading \nAct''.\n\nSEC. 2. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS \n WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS; CONFLICTS OF \n INTEREST.\n\n The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is \namended by inserting after section 5 the following:\n\n``SEC. 6. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS \n WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS.\n\n ``(a) In General.--\n ``(1) Prohibition.--Unless otherwise provided in this \n section, a banking entity shall not--\n ``(A) engage in proprietary trading; or\n ``(B) take or retain any equity, partnership, or \n other ownership interest in or sponsor a hedge fund or \n a private equity fund.\n ``(2) Specified nonbank financial companies.--Any specified \n nonbank financial company that engages in proprietary trading \n or takes or retains any equity, partnership, or other ownership \n interest in or sponsors a hedge fund or a private equity fund \n shall be subject to additional capital requirements for and \n additional quantitative limits on such proprietary trading and \n taking or retaining any equity, partnership, or other ownership \n interest in or sponsorship of a hedge fund or a private equity \n fund.\n ``(b) Regulations.--Not later than 180 days after the date of \nenactment of this section, the Board and the Federal Deposit Insurance \nCorporation shall, in consultation with the Securities and Exchange \nCommission and the Commodity Futures Trading Commission, jointly adopt \nrules to effectuate the provisions of this section. Such rules shall \ngive full effect to the prudential intent of the Congress regarding \nthis section.\n ``(c) Effective Date.--\n ``(1) In general.--The provisions of this section shall \n take effect 18 months after the date of adoption of final rules \n under subsection (b), but not later than 24 months after the \n date of enactment of the PROP Trading Act.\n ``(2) Transition period.--The Board and the Federal Deposit \n Insurance Corporation shall provide a grace period, not to \n exceed 24 months after the date of enactment of the PROP \n Trading Act, during which subsection (a) shall not apply to \n banking entities and specified nonbank financial companies, so \n that such entities and companies may come into compliance with \n this section.\n ``(d) Excluded Activities.--\n ``(1) In general.--Subject to the limitations of paragraph \n (2), in promulgating rules pursuant to subsection (b), the \n Board and the Federal Deposit Insurance Corporation may exclude \n from the restrictions of subsection (a) any transaction, class \n of transactions, or activity (in this section referred to as \n `excluded activities'), including but not limited to--\n ``(A) the purchase or sale of obligations of the \n United States or any agency thereof, obligations, \n participations, or other instruments of, or, issued by \n the Government National Mortgage Association, the \n Federal National Mortgage Association, and the Federal \n Home Loan Mortgage Corporation, and obligations of any \n State or, of any political subdivision thereof;\n ``(B) underwriting and market-making to serve \n clients, customers, or counterparties;\n ``(C) risk-mitigating hedging activities;\n ``(D) investment in one or more small business \n investment companies or investments designed primarily \n to promote the public welfare, as provided in paragraph \n (11) of section 5136 of the Revised Statutes of the \n United States (12 U.S.C. 24); and\n ``(E) proprietary trading conducted by a person \n pursuant to paragraph (9) or (13) of section 4(c), \n provided that the trading occurs solely outside of the \n United States and that the person is not directly or \n indirectly controlled or beneficially owned by a United \n States person.\n ``(2) Limitation on excluded activities.--No transaction, \n class of transactions, or activity may be deemed an excluded \n activity under paragraph (1) if it--\n ``(A) would result in a material conflict of \n interest between the banking entity or the nonbank \n financial company and its clients, customers, or \n counterparties;\n ``(B) would result, directly or indirectly, in \n exposure to high risk assets or high risk trading \n strategies, as such terms are defined jointly by rule \n by the Board and the Federal Deposit Insurance \n Corporation;\n ``(C) would pose a threat to the safety and \n soundness of such banking entity or the nonbank \n financial company; or\n ``(D) would pose a threat to the financial \n stability of the United States.\n ``(e) Limitations on Relationships With Hedge Funds and Private \nEquity Funds.--\n ``(1) In general.--No banking entity that serves, directly \n or indirectly, as the investment manager or investment adviser \n to a hedge fund or private equity fund may enter into a covered \n transaction, as defined in section 23A of the Federal Reserve \n Act (12 U.S.C. 371c) with, or provide custody, securities \n lending, or other prime brokerage services to, such person.\n ``(2) Treatment as member bank.--A banking entity that \n serves, directly or indirectly, as the investment manager or \n investment adviser to a hedge fund or private equity fund shall \n be subject to section 23B of the Federal Reserve Act (12 U.S.C. \n 371c-1), as if such person were a member bank and such hedge \n fund or private equity fund were an affiliate thereof.\n ``(f) Limitation on Contrary Authority.--No activity that is \nauthorized for a banking entity or a specified nonbank financial \ncompany under any other provision of law may be engaged in, directly or \nindirectly, by a banking entity or a specified financial company under \nsuch authority or under any other provision of law, if such activity is \nprohibited or restricted under this section.\n ``(g) Rule of Construction.--Nothing in this section may be \nconstrued to limit the inherent authority of any other Federal agency \nunder otherwise applicable provisions of law.\n ``(h) Definitions.--\n ``(1) Proprietary trading.--\n ``(A) In general.--As used in this section, the \n term `proprietary trading' means engaging as a \n principal in any transaction to purchase or sell, or \n which would put capital at risk as a principal in or \n related to any stock, bond, option, contract of sale of \n a commodity for future delivery, swap, security-based \n swap, or any other security or financial instrument \n which the Board and the Federal Deposit Insurance \n Corporation shall jointly, by rule, determine.\n ``(B) Consideration.--The Board and the Federal \n Deposit Insurance Corporation shall, prior to the \n adoption of rules pursuant to this subsection, \n consider, in consultation with the Securities and \n Exchange Commission and the Commodity Futures Trading \n Commission--\n ``(i) the length of time that the relevant \n asset or combination of assets is held;\n ``(ii) the size and direction of the \n inventory of the relevant asset, relative to \n the size and direction of client demand in the \n relevant asset;\n ``(iii) whether the asset is for investment \n or trading purposes;\n ``(iv) any leverage applied to or embedded \n in an asset;\n ``(v) the maximum loss exposure of an \n asset;\n ``(vi) the total holdings of assets for \n market-making purposes;\n ``(vii) the total holdings of over-the-\n counter derivatives;\n ``(viii) the total leverage of the \n institution; and\n ``(ix) any other factors that the Board and \n the Federal Deposit Insurance Corporation may \n determine appropriate.\n ``(2) Banking entity.--The term `banking entity' means any \n insured depository institution (as defined in section 3 of the \n Federal Deposit Insurance Act (12 U.S.C. 1813)), person that \n controls an insured depository institution, bank holding \n company, institution that is treated as a bank holding company \n for purposes of any other provision of law, and any affiliate \n or subsidiary of any such entity.\n ``(3) Specified nonbank financial company.--The term \n `specified nonbank financial company' means any U.S. nonbank \n financial company or foreign nonbank financial company subject \n to prudential supervision by the Board.\n ``(4) Investment company related terms.--The terms `hedge \n fund' and `private equity fund' mean a company or other entity \n that is exempt from registration as an investment company \n pursuant to section 3(c)(1) or 3(c)(7) of the Investment \n Company Act of 1940 (15 U.S.C. 80a-3(c)(1) or 80a-3(c)(7)), or \n such similar funds as determined appropriate by the Board.\n ``(5) Sponsoring.--The term `sponsoring' a fund means--\n ``(A) serving as a general partner, managing \n member, or trustee of a fund;\n ``(B) in any manner selecting or controlling (or \n having employees, officers, or directors, or agents who \n constitute) a majority of the directors, trustees, or \n management of a fund; or\n ``(C) sharing with a fund, for corporate, \n marketing, promotional, or other purposes, the same \n name or a variation of the same name.''.\n\nSEC. 3. CONFLICTS OF INTEREST IN SECURITIZATION.\n\n The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by \ninserting after section 27A the following:\n\n``SEC. 27B. CONFLICTS OF INTEREST RELATING TO CERTAIN SECURITIZATIONS.\n\n ``(a) In General.--An underwriter, placement agent, initial \npurchaser, or sponsor of an asset-backed security, shall not, during \nsuch period as the asset-backed security is outstanding and held by \ninvestors that are unaffiliated with such underwriter, placement agent, \ninitial purchaser, or sponsor, engage in any transaction that would--\n ``(1) give rise to any material conflict of interest with \n respect to any investor in a transaction arising out of such \n activity; or\n ``(2) undermine the value, risk, or performance of the \n asset-backed security.\n ``(b) Commission Rules.--Not later than 180 days after the date of \nenactment of this section, the Commission shall, by rule, impose \nrestrictions on the timing and extent of proprietary trading by an \nunderwriter, placement agent, initial purchaser, or sponsor and any \naffiliates or subsidiaries of such entity in any securities, security-\nbased swaps, or similar financial instruments that are derived from, or \nrelated to, an asset-backed security for which the entity, its \naffiliate, or its subsidiary acts as underwriter, placement agent, \ninitial purchaser, or sponsor.''.","summary":"Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010 or the PROP Trading Act - Amends the Bank Holding Company Act of 1956 to prohibit a banking entity from: (1) engaging in proprietary trading. Or (2) having an ownership interest in or sponsoring a hedge fund or a private equity fund. Subjects any specified nonbank financial company holding such proprietary trading and ownership interests to additional capital requirements and additional quantitative limits. Directs the Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corporation (FDIC) to adopt rules jointly to implement this Act. Authorizes the Board and the FDIC to exclude from such prohibitions specified transactions or activities, including: (1) the purchase or sale of obligations of the United States or any federal agency. (2) instruments issued by the Government National Mortgage Association , the Federal National Mortgage Association , and the Federal Home Loan Mortgage Corporation. And (3) obligations of any state or its political subdivision. Prohibits from the class of excluded activities any transactions that would: (1) result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties. (2) result in exposure to high risk assets or high risk trading strategies. (3) threaten the safety and soundness of a banking entity or the nonbank financial company. Or (4) threaten the financial stability of the United States. Prohibits any banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund from entering into a covered transaction with, or provide custody, securities lending, or other prime brokerage services to, such person. Treats a banking entity that serves as investment manager or investment adviser to a hedge fund or private equity fund as if: (1) it were a member bank subject to the Federal Reserve Act. And (2) the hedge fund or private equity fund were an affiliate thereof. Amends the Securities Act of 1933 to prohibit an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, while the security is outstanding and held by unaffiliated investors, from engaging in any transaction that would: (1) give rise to any material conflict of interest with respect to any investor. Or (2) undermine the value, risk, or performance of such security","title":"A bill to prohibit proprietary trading and certain relationships with hedge funds and private equity funds, to address conflicts of interest with respect to certain securitizations, and for other purposes.","text_len":12527,"sum_len":2493} {"bill_id":"104_hr530","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Student Loan \nEvaluation and Stabilization Act of 1995''.\n (b) References.--References in this Act to ``the Act'' are \nreferences to the Higher Education Act of 1965 (20 U.S.C. 1001 et \nseq.).\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) The current public\/private student loan partnership is \n fulfilling the mission set for it by Congress, delivering loans \n to students reliably and in a timely fashion, and should be \n preserved.\n (2) The Administration's dismantling of the Federal Family \n Education Loan (FFEL) Program which has begun in order to \n replace it with an unproven direct Government lending program, \n which increases the Federal debt, further enlarges the Federal \n bureaucracy, adds major new financial oversight activities to \n the already overburdened Department of Education, and forces \n Congress to depend on estimated budget savings which may prove \n illusory, needs to be stopped so that a true and valid \n comparison of the student loan programs can occur.\n (3) The Federal Direct Student Loan (FDSL) Program pilot is \n only now getting started and has proceeded fairly smoothly when \n dealing with 5 percent of new loan volume. This slow and \n cautious approach should be continued as the volume increases \n to 40 percent. This pilot program should continue to proceed \n slowly and cautiously and demonstrate successful results before \n expanding it to additional loan volume.\n (4) While the FDSL Program pilot continues its test phase, \n reform of the FFEL Program which will benefit students and \n institutions of higher education should be a continuing \n priority for the Department of Education.\n\nSEC. 3. PARTICIPATION OF INSTITUTIONS AND ADMINISTRATION OF DIRECT LOAN \n PROGRAMS.\n\n (a) Limitation on Proportion of Loans Made Under Direct Loan \nProgram.--Section 453(a) of the Act (20 U.S.C. 1087c(a)) is amended--\n (1) by amending paragraph (2) to read as follows:\n ``(2) Determination of number of agreements.--In the \n exercise of the Secretary's discretion, the Secretary shall \n enter into agreements under subsections (a) and (b) of section \n 454 with institutions for participation in the programs under \n this part, subject to the following:\n ``(A) for academic year 1994-1995, loans made under \n this part shall represent 5 percent of the new student \n loan volume for such year; and\n ``(B) for academic year 1995-1996 and for any \n succeeding fiscal year, loans made under this part \n shall be limited to loans to students and parents of \n students attending eligible institutions that have \n applied and been accepted for participation in the \n program under this part on or before December 31, \n 1994.''\n (2) by striking paragraph (3); and\n (3) by redesignating paragraph (4) as paragraph (3).\n (b) Elimination of Conscription.--Section 453(b)(2) of such Act is \namended--\n (1) by striking subparagraph (B);\n (2) by redesignating subparagraphs (A)(i) and (A)(ii) as \n subparagraphs (A) and (B) respectively; and\n (3) in such subparagraph (B) (as so redesignated) by \n striking ``clause (i); and'' and inserting ``subparagraph \n (A).''.\n (c) Control of Administrative Expenses.--\n (1) In general.--Section 458(a) of the Act is amended to \n read as follows:\n ``(a) In General.--Each fiscal year, there shall be available to \nthe Secretary of Education from funds not otherwise appropriated, funds \nto be obligated for administrative costs under this part, not to exceed \n(from such funds not otherwise appropriated) $260,000,000 in fiscal \nyear 1994, $295,000,000 in fiscal year 1995, $395,000,000 in fiscal \nyear 1996, $400,000,000 in fiscal year 1997, and $400,000,000 in fiscal \nyear 1998. Such administrative costs shall include the costs of \nannually assessing the program under this part and, subject to \nsubsection (e) of this section, payment of an administrative cost \nallowance for the expenses of guaranty agencies in servicing \noutstanding loans in their portfolios and in guaranteeing new loans. If \nin any fiscal year the Secretary determines that additional funds for \nadministrative expenses are needed, the Secretary is authorized to use \nfunds available under this section for a subsequent fiscal year for \nsuch expenses, except that the total expenditures by the Secretary \n(from such funds not otherwise appropriated) shall not exceed \n$1,750,000,000 in fiscal years 1994 through 1998. The Secretary is also \nauthorized to carry over funds available under this section to a \nsubsequent fiscal year.''.\n (2) Improved congressional oversight of administration.--\n Section 458 of the Act is further amended--\n (A) by redesignating subsection (d) as subsection \n (g); and\n (B) by inserting after subsection (c) the following \n new subsections:\n ``(d) Funding Triggers.--For each fiscal year, funds available \nunder this section may be obligated only in such amounts and according \nto such schedule as specified in the appropriations Act for the \nDepartment of Education after submission by the Department of Education \nof a detailed proposal of expenditures under this section.\n ``(e) Administrative Cost Allowance.--\n ``(1) Conditions of receipt.--A guaranty agency may not \n obtain an administrative cost allowance from funds available \n under subsection (a) unless the guaranty agency has submitted \n an application in accordance with section 428(f)(2). A guaranty \n agency that receives such an allowance may expend such \n allowance for the purposes described in clauses (i) through (v) \n of section 428(f)(1)(A).\n ``(2) Election of payment rate.--For each fiscal year, at \n the time of its application for payments under section \n 428(f)(2), each guaranty agency shall elect to receive an \n administrative cost allowance, payable quarterly, for the next \n fiscal year calculated on the basis of either of the following:\n ``(A) 0.85 percent of the total principal amount of \n the loans upon which insurance was issued under part B \n during such fiscal year by such guaranty agency; or\n ``(B) 0.08 percent of the original principal amount \n of loans guaranteed by the guaranty agency that was \n outstanding at the end of the previous fiscal year.\n ``(3) Ratable reduction.--If the total amount of funds to \n be expended by the Secretary for purposes of paying the \n administrative cost allowances to all guaranty agencies in \n accordance with this provision exceeds $150,000,000 for any \n fiscal year, the Secretary shall ratably reduce such payments \n to all guaranty agencies.\n ``(f) Quarterly Report.--The Secretary shall provide a detailed \nquarterly report of all monies expended under this section to the \nChairman of the Committee on Labor and Human Resources of the Senate \nand the Chairman of the Committee on Economic and Educational \nOpportunities of the House of Representatives. Such report shall \nspecifically identify all contracts entered into by the Department for \nservices supporting the loan programs under parts B and D of this title \nand the current and projected costs of such contracts.''.\n (d) Elimination of Transition to Direct Loans.--The Act is further \namended--\n (1) in section 422(c)(7)--\n (A) by striking ``during the transition'' and all \n that follows through ``part D of this title'' in \n subparagraph (A); and\n (B) by striking ``section 428(c)(10)(F)(v)'' in \n subparagraph (B) and inserting ``section \n 428(c)(9)(F)(v)'';\n (2) in section 428(c)(8)--\n (A) by striking ``(A)'' after the paragraph \n designation; and\n (B) by striking subparagraph (B);\n (3) in section 428(c)(9)(E)--\n (A) by inserting ``or'' after the semicolon at the \n end of clause (iv);\n (B) by striking ``; or'' at the end of clause (v) \n and inserting a period; and\n (C) by striking clause (vi);\n (4) in clause (vii) of section 428(c)(9)(F)--\n (A) by inserting ``and'' before ``to avoid \n disruption''; and\n (B) by striking ``, and to ensure an orderly \n transition'' and all that follows through the end of \n such clause and inserting a period;\n (5) in section 428(c)(9)(K), by striking ``the progress of \n the transition from the loan programs under this part to'' and \n inserting ``the integrity and administration of'';\n (6) in section 428(e)(1)(B)(ii), by striking ``during the \n transition'' and all that follows through ``part D of this \n title'';\n (7) in section 428(e)(3), by striking ``of transition'';\n (8) in section 428(j)(3)--\n (A) by striking ``during transition to direct \n lending''; and\n (B) by striking ``during the transition'' and all \n that follows through ``part D of this title,'' and \n inserting a comma;\n (9) in section 453(c)(2), by striking ``Transition'' and \n inserting ``Institutional'';\n (10) in section 453(c)(3), by striking ``after \n transition''; and\n (11) in section 456(b)--\n (A) by inserting ``and'' after the semicolon at the \n end of paragraph (3);\n (B) by striking paragraph (4);\n (C) by redesignating paragraph (5) as paragraph \n (4); and\n (D) in such paragraph (4) (as redesignated), by \n striking ``successful operation'' and inserting \n ``integrity and efficiency''.\n\nSEC. 4. ABILITY OF BORROWERS TO CONSOLIDATE UNDER DIRECT AND GUARANTEED \n LOAN PROGRAMS.\n\n (a) Ability of Part D Borrowers to Obtain Federal Stafford \nConsolidation Loans.--Section 428C(a)(4) of the Act (20 U.S.C. 1078-\n3(a)(4)) is amended--\n (1) by striking ``or'' at the end of subparagraph (B);\n (2) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E); and\n (3) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) made under part D of this title;''.\n (b) Ability of Part B Borrowers to Obtain Federal Direct \nConsolidation Loans.--Section 428C(b)(5) of such Act is amended to read \nas follows:\n ``(5) Direct consolidation loans for borrowers in specified \n circumstances.--\n ``(A) The Secretary may offer a borrower a direct \n consolidation loan in the event that a borrower \n otherwise eligible for a consolidation loan pursuant to \n this section is--\n ``(i) unable to obtain a consolidation loan \n from a lender with an agreement under \n subsection (a)(1), or\n ``(ii)(I) evidences a substantial existing \n or projected difficulty in repaying loans \n received under this part; and\n ``(II) desires a consolidation loan with an \n income contingent repayment schedule as offered \n to borrowers under part D of this title.\n ``(B) The Secretary shall establish appropriate \n certification procedures to verify the eligibility of \n borrowers for loans pursuant to this paragraph.\n ``(C) The Secretary shall not offer such \n consolidation loans if, in the Secretary's judgment, \n the Department of Education does not have the necessary \n origination and servicing arrangements in place for \n such loans, or the projected volume in the program \n would be destabilizing to the availability of loans \n otherwise available under this part.''.\n\nSEC. 5. RESERVE FUND PROGRAMS.\n\n (a) Guaranty Agency Reserve Levels.--Section 428(c)(9) of such Act \n(20 U.S.C. 1078(c)(9)) is amended--\n (1) in subparagraph (E)--\n (A) by striking ``The Secretary'' and inserting \n ``After notice and opportunity for a hearing on the \n record, the Secretary'';\n (B) by inserting ``or'' after the semicolon at the \n end of clause (iv);\n (C) by striking ``; or'' at the end of clause (v) \n and inserting a period; and\n (D) by striking clause (vi); and\n (2) in subparagraph (F)--\n (A) by inserting ``dedicated to the functions of \n the agency under the loan insurance program under this \n part'' after ``assets of the guaranty agency'' in \n clause (vi); and\n (B) in clause (vi), by inserting before ``; or'' \n the following ``, except that the Secretary may not \n take any action to require the guaranty agency to \n provide to the Secretary the unencumbered non-Federal \n portion of a reserve fund (as defined in section \n 422(a)(2))''.\n (b) Additional Amendments.--Section 422 of such Act is further \namended--\n (1) in the last sentence of subsection (a)(2), by striking \n ``Except as provided in section 428(c)(10) (E) or (F), such'' \n and inserting ``Such'';\n (2) in subsection (g), by striking paragraph (4) and \n inserting the following:\n ``(4) Disposition of funds returned to or recovered by the \n secretary.--Any funds that are returned to or otherwise \n recovered by the Secretary pursuant to this subsection shall be \n returned to the Treasury of the United States for purposes of \n reducing the Federal debt and shall be deposited into the \n special account under section 3113(d) of title 31, United \n States Code.''.\n\nSEC. 6. DEFAULT RATE LIMITATIONS ON DIRECT LENDING.\n\n Section 455 of the Act is amended by adding at the end the \nfollowing new subsection:\n ``(k) Termination of Institutions for High Default Rates.--\n ``(1) Methodology and criteria.--After consultation with \n institutions of higher education and other members of the \n higher education community, the Secretary shall develop--\n ``(A) a methodology for the calculation of \n institutional default rates under the loan programs \n operated pursuant to this part;\n ``(B) criteria for the initiation of termination \n proceedings on basis of such default rates; and\n ``(C) procedures for the conduct of such \n termination proceedings.\n ``(2) Comparability to part b.--In developing the \n methodology, criteria, and procedures required by paragraph \n (1), the Secretary shall, to the maximum extent possible, \n establish standards for the termination of institutions from \n participation in loan programs under this part that are \n comparable to the standards established for the termination of \n institutions from participation in the loan programs under part \n B. Such procedures shall also include provisions for the appeal \n of default rate calculations based on deficiencies in the \n servicing of loans under this part that are comparable to the \n provisions for such appeals based on deficiencies in the \n servicing of loans under part B.''.\n\nSEC. 7. APPLICATION FOR PART B LOANS USING FREE FEDERAL APPLICATION.\n\n Section 483(a) of the Act (20 U.S.C. 1090(a)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``B,'' after ``assistance under \n parts A,'';\n (B) by striking ``part A) and to determine the need \n of a student for the purpose of part B of this title'' \n and inserting ``part A).''; and\n (C) by striking the last sentence and inserting the \n following: ``Such form may be in an electronic or any \n other format (subject to section 485B) in order to \n facilitate use by borrowers and institutions.''; and\n (2) in paragraph (3), by striking ``and States shall \n receive,'' and inserting ``, any guaranty agency authorized by \n any such institution, and States shall receive, at their \n request and''.\n\nSEC. 8. CREDIT REFORM.\n\n (a) Amendment.--Section 502(5)(B) of the Congressional Budget Act \n(31 U.S.C. 661a(5)(B)) is amended to read as follows:\n ``(B) The cost of a direct loan shall be the net present \n value, at the time when the direct loan is disbursed, of the \n following cash flows for the estimated life of the loan:\n ``(i) Loan disbursements.\n ``(ii) Repayments of principal.\n ``(iii) Payments of interest and other payments by \n or to the Government over the life of the loan after \n adjusting for estimated defaults, prepayments, fees, \n penalties, and other recoveries.\n ``(iv) In the case of a direct student loan made \n pursuant to the program authorized under part D of \n title IV of the Higher Education Act of 1965, direct \n and indirect expenses, including but not limited to the \n following: expenses arising from credit policy and \n oversight, activities related to credit extension, loan \n origination, loan servicing, training, program \n promotion and payments to contractors, other Government \n entities, and program participants, collection of \n delinquent loans, and write-off and close-out of \n loans.''.\n (b) Effective Date.--The amendment made by subsection (a) of this \nsection shall apply to all fiscal years beginning on or after October \n1, 1995, and to statutory changes made on or after the date of \nenactment of this Act.\n \nHR 530 IH----2","summary":"Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year. And (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds, (2) expend such allowance only for specified purposes. And (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans. And (2) FFEL borrowers can obtain Federal direct consolidation loans. Revises provisions relating to reserve fund programs. Sets institutional default rate limitations on direct lending. Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.","title":"Student Loan Evaluation and Stabilization Act of 1995","text_len":19347,"sum_len":3163} {"bill_id":"107_hr1085","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mining Claim Maintenance Act of \n2001''.\n\nSEC. 2. REFERENCES.\n\n Any reference in this Act to the ``general mining laws'' is a \nreference to those Acts which generally comprise chapters 2, 12A, 16, \n161 and 162 of title 30 of the United States Code.\n\n TITLE I--MINING CLAIM FEES\n\nSEC. 101. MAINTENANCE FEE.\n\n (a) Claim Maintenance Fee.--Except as provided in subsections (c), \n(d), and (e), the holder of each unpatented mining claim, mill or \ntunnel site located pursuant to the general mining laws, whether \nlocated before or after the enactment of this Act, shall pay to the \nSecretary of the Interior, on or before August 31 of each year, a claim \nmaintenance fee of $100 per claim. Such claim maintenance fee shall be \nin lieu of the assessment work requirement contained in the general \nmining laws and the related filing requirements contained in section \n314 (a) of the Federal Land Policy and Management Act of 1976 (43 \nU.S.C. 1744 (a) and (c)).\n (b) Time of Payment.--The claim maintenance fee payable pursuant to \nsubsection (a) for any assessment year (as defined under the general \nmining laws) shall be paid before the commencement of the assessment \nyear. The location fee imposed under section 102 shall be payable not \nlater than 90 days after the date of location.\n (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy \nPolicy Act of 1992.--This section shall not apply to any oil shale \nclaims for which a fee is required to be paid under section 2511(e)(2) \nof the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242).\n (d) Waiver for Patent Applicants.--(1) The Secretary may waive the \nclaim maintenance fee required under this section for a claimant who \ncertifies in writing to the Secretary that on the date the payment was \ndue, the claimant and all related parties--\n (A) had filed a patent application with the Secretary on or \n before September 30, 1994; and\n (B) had fully complied with all requirements established \n under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. \n 29 and 30) for vein or lode claims and sections 2329, 2330, \n 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and \n 37) for placer claims, and section 2337 of the Revised Statutes \n (30 U.S.C. 42) for mill site claims, by that date.\n (e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.--\n (1) In general.--A claimant may elect to perform the \n assessment work required under the general mining laws in lieu \n of paying the maintenance fee required under this section if \n the claimant who certifies in writing to the Secretary that on \n the date the payment was due, the claimant and all related \n parties--\n (A) are producing hard rock minerals under a valid \n notice or plan of operation which production results in \n not less than $1,500 and not more than $800,000 in \n gross revenues per year from a total of 10 or fewer \n claims, as certified by the claimant;\n (B) are performing exploration work to disclose, \n expose, or otherwise make known possible valuable \n mineralization on a total of 10 or fewer claims under a \n valid notice or plan of operation; and\n (C) have less than 10 acres of unreclaimed surface \n disturbance from such mining activity or such \n exploration work.\n (2) Claimants electing to do assessment work.--A claimant \n holding 10 or fewer mining claims, who elects to do the \n assessment work required by the general mining laws in lieu of \n paying the claim maintenance fee required under this section \n shall be required to meet the filing requirements of section \n 314(a) and (c) of the Federal Land Policy and Management Act \n (43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and \n shall certify the performance of such assessment work to the \n Secretary of the Interior by August 31 of each year.\n (3) Definitions.--For purposes of this section:\n (1) With respect to any claimant, the term \n ``related party'' means--\n (A) the spouse and dependent children (as \n defined in section 152 of the Internal Revenue \n Code of 1986), of the claimant; and\n (B) a person who controls, is controlled \n by, or is under common control with the \n claimant.\n (2) The term ``control'' includes actual control, \n legal control, and the power to exercise control, \n through or by common directors, officers, stockholders, \n a voting trust, or a holding company or investment \n company, or any other means.\n\nSEC. 102. LOCATION FEE.\n\n Notwithstanding any other provision of law, for every unpatented \nmining claim, mill or tunnel site located after the date of enactment \nof this title, pursuant to the general mining laws, the locator shall, \nat the time the location notice is recorded with the Bureau of Land \nManagement, pay to the Secretary of the Interior a location fee, in \naddition to the claim maintenance fee required by section 101, of \n$25.00 per claim.\n\nSEC. 103. CO-OWNERSHIP.\n\n The co-ownership provisions of the general mining laws shall remain \nin effect, except that in applying such provisions, the annual claim \nmaintenance fee required under this title shall, where applicable, \nreplace applicable assessment requirements and expenditures.\n\nSEC. 104. FAILURE TO PAY.\n\n Failure to pay the claim maintenance fee or the location fee on the \ndate due as required by this title shall conclusively constitute a \nforfeiture of the unpatented mining claim, mill or tunnel site by the \nclaimant and the claim shall be deemed null and void by operation of \nlaw.\n\nSEC. 105. OTHER REQUIREMENTS.\n\n (a) Federal Land Policy and Management Act Requirements.--Nothing \nin this title shall change or modify the requirements of section 314(b) \nof the Federal Land Policy and Management Act of 1976 (43 U.S.C. \n1744(b)), of the Federal Land Policy and Management Act of 1976 (43 \nU.S.C. 1744(c)) related to filings required by section 314(b), and such \nrequirements shall remain in effect with respect to claims, and mill or \ntunnel sites for which fees are required to be paid under this section.\n (b) Revised Statutes Section 2324.--The third sentence of section \n2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting \nafter ``On each claim located after the tenth day of May, eighteen \nhundred and seventy-two,'' the following: ``that is granted a waiver \nunder section 101 (d) or (e) of the Mining Claim Maintenance Act of \n2001''.\n (c) Fee Adjustments.--(1) The Secretary of the Interior shall \nadjust the fees required by this title to reflect changes in the \nConsumer Price Index published by the Bureau of Labor Statistics of the \nDepartment of Labor every 5 years after the date of the enactment of \nthis Act, or more frequently if the Secretary determines an adjustment \nto be reasonable.\n (2) The Secretary shall provide claimants notice of any adjustment \nmade under this subsection not later than July 1 of any year in which \nthe adjustment is made.\n (3) A fee adjustment under this subsection shall begin to apply the \nfirst assessment year (as defined under the general mining laws) which \nbegins at noon on the first day of September after the adjustment is \nmade.\n\nSEC. 106. REGULATIONS.\n\n The Secretary of the Interior shall promulgate rules and \nregulations to carry out the terms and conditions of this title as soon \nas practicable after the date of the enactment of this title.\n\n TITLE II--LIMITATION ON PATENTS\n\nSEC. 201. MINING CLAIMS\n\n After the date of enactment of this Act, no patent shall be issued \nby the United States for any mining claim located under the general \nmining laws or under this Act unless the Secretary determines that, for \nthe claim concerned--\n (1) a patent application was filed with the Secretary on or \n before September 30, 1994; and\n (2) all requirements established under sections 2325 and \n 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or \n lode claims and sections 2329, 2330, 2331, and 2333 of the \n Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims \n were fully complied with by that date.\nIf the Secretary makes the determinations referred to in paragraphs (1) \nand (2) for any mining claim, the holder of the claim shall be entitled \nto the issuance of a patent in the same manner and degree to which such \nclaim holder would have been entitled to prior to the enactment of this \nAct, unless and until such determinations are withdrawn or invalidated \nby the Secretary or by a court of the United States.\n\nSEC. 202. MILL SITES.\n\n After the date of enactment of this Act, no patent shall be issued \nby the United States for any mill site claim located under the general \nmining laws unless the Secretary determines that for the mill site \nconcerned--\n (1) a patent application for such land was filed with the \n Secretary on or before September 30, 1994; and\n (2) all requirements applicable to such patent application \n were fully complied with by that date.\n If the Secretary makes the determinations referred to in paragraphs \n(1) and (2) for any mill site claim, the holder of the claim shall be \nentitled to the issuance of a patent in the same manner and degree to \nwhich such claim holder would have been entitled to prior to the \nenactment of this Act, unless and until such determinations are \nwithdrawn or invalidated by the Secretary or by a court of the United \nStates.","summary":"Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements. And (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee. Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994. And (2) specified requirements for vein or lode claims and placer claims were fully complied with.","title":"To address certain anachronistic provisions of the general mining laws, and for other purposes.","text_len":10148,"sum_len":673} {"bill_id":"103_hr1113","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public School Redefinition Act of \n1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the ability of the United States to deliver more \n effective educational services to citizens, especially \n disadvantaged citizens, is of primary importance to the \n national and economic security of the United States;\n (2) fundamental reform is needed in our Nation's \n educational system in order to release the creative energies of \n teachers, students, parents, and communities;\n (3) market forces of competition and choice can have a \n positive influence in promoting fundamental reform; however, \n choice is incomplete without the availability of more \n educational choices for all students, including disadvantaged \n students and historically underserved students;\n (4) the exclusive franchise that local educational agencies \n have traditionally had on the creation of new public schools \n has served to limit the number and variety of school choices \n available to parents and students; and\n (5) public education should be defined by outcomes and \n requirements that protect and promote the public interest, not \n solely by the ownership or control of facilities and programs \n by a local educational agency or other public agency.\n\nSEC. 3. PURPOSE.\n\n It is the purpose of this Act to--\n (1) encourage States to offer teachers, parents, and local \n communities the opportunity to establish new and more effective \n public schools;\n (2) provide Federal assistance and flexibility to encourage \n States to assist teachers, parents, and communities to develop \n such schools; and\n (3) provide criteria for States, teachers, parents, and \n communities to use in establishing new and more effective \n public schools.\n\nSEC. 4. DEFINITIONS.\n\n For the purpose of this Act--\n (1) the term ``eligible partnership'' means a partnership \n between--\n (A) a sponsor; and\n (B) a charter public school;\n (2) the term ``local educational agency'' has the meaning \n given such term by section 1471(12) of the Elementary and \n Secondary Education Act of 1965;\n (3) the term ``charter public school'' means a school \n that--\n (A) is nonsectarian in its programs, admission \n policies, employment practices, and all other \n operations and is not affiliated with a nonpublic \n sectarian school or religious institution;\n (B) has a primary focus of providing a \n comprehensive program of instruction for at least one \n grade from kindergarten to twelfth grade or one age \n group from 5 to 18 years of age;\n (C) does not charge tuition;\n (D) complies with title VI of the Civil Rights Act \n of 1964, title IX of the Education Amendments of 1972, \n section 504 of the Rehabilitation Act of 1973, and the \n procedural safeguards under the Individuals With \n Disabilities Education Act;\n (E) in the event that more students apply for \n admission than may be accommodated, admits students on \n the basis of a lottery;\n (F) is subject to the same Federal and State \n financial audits and audit procedures and requirements \n as any other school located in the State in which such \n school is located;\n (G) meets all State and local health and safety \n requirements; and\n (H) participates in an eligible partnership;\n (4) the term ``Secretary'' means the Secretary of \n Education;\n (5) the term ``sponsor'' means a--\n (A) school board;\n (B) local educational agency; or\n (C) State educational agency;\n (6) the term ``State educational agency'' has the meaning \n given such term by section 1471(23) of the Elementary and \n Secondary Education Act of 1965.\n\nSEC. 5. PROGRAM AUTHORITY.\n\n (a) Program Authorized.--\n (1) In general.--The Secretary is authorized to award \n grants to State educational agencies having applications \n approved pursuant to section 6 to enable such agencies to \n conduct a charter public school program in accordance with this \n Act.\n (2) Special rule.--If a State elects not to participate in \n the program assisted under this Act, the Secretary is \n authorized to award a grant to a charter public school that \n serves such State and has an application approved pursuant to \n section 6, as permitted by applicable State laws and \n regulations in the State in which the school shall operate.\n (b) Use of Grants.--\n (1) State.--Each State educational agency receiving a grant \n under this Act shall use such grant funds to award grants to \n one or more charter public schools in the State to enable such \n schools to plan and implement a charter public school in \n accordance with this Act.\n (2) Charter public school.--Each charter public school \n receiving a grant from the Secretary pursuant to subsection \n (a)(2) shall use such grant funds to plan and implement a \n charter public school in accordance with this Act.\n (3) Administrative expenses.--Each State educational agency \n receiving a grant pursuant to subsection (a)(1) may reserve not \n more than 5 percent of such grant funds for administrative \n expenses associated with the program assisted under this Act.\n (c) Duration.--A charter public school shall receive a grant under \nthis Act for a period of not more than 3 years.\n (d) Matching Requirement.--In order for a charter public school to \nreceive a grant pursuant to subsection (a), such school shall provide \nmatching funds in the amount of--\n (1) 10 percent of the grant payment received in the first \n year such school receives a grant under this Act; and\n (2) 25 percent of the grant payment received in the second \n and third such years.\n (e) Geographic Dispersion.--The Secretary shall ensure that grants \nawarded pursuant to subsection (a) benefit students in urban and rural \nareas.\n (f) Construction, Renovation, and Repair.--\n (1) Prohibition.--Grant funds awarded under this Act shall \n not be used for the construction or major renovation or repair \n of facilities.\n (2) Start-up costs.--Grant funds awarded under this Act may \n be used for planning, equipment purchases, and other start-up \n costs, including minor renovation of facilities necessary to \n meet applicable State and local health and safety requirements.\n\nSEC. 6. APPLICATION.\n\n (a) State Application.--\n (1) In general.--Each State educational agency desiring a \n grant under this Act shall submit to the Secretary an \n application at such time, in such manner, and containing or \n accompanied by such information as the Secretary may reasonably \n require.\n (2) Contents.--Each application submitted pursuant to \n paragraph (1) shall--\n (A) describe the objectives of the State \n educational agency's charter public school program and \n a description of how such objectives shall be \n fulfilled, including steps taken by the State \n educational agency to inform teachers, parents, and \n communities of the State educational agency's charter \n public school program and the availability of grants \n for the establishment of such schools;\n (B) contain assurances that the State educational \n agency shall obtain a waiver of all State and Federal \n statutes and regulations applicable to a school board, \n local educational agency or school district that are \n relevant to and hindering the establishment of a \n charter public school in such State;\n (C) provide a written description of outcomes and \n other requirements to be included in each eligible \n partnership agreement between a sponsor and a charter \n public school;\n (D) provide a description of how charter public \n schools within the State shall be required to meet the \n definition of a charter public school as described in \n section 4(3);\n (E) contain specific outcomes to be achieved by the \n students attending a charter public school in \n accordance with the outcomes agreement described in \n section 7;\n (F) provide an explanation of how progress in \n meeting the outcomes described in section 7 shall be \n measured; and\n (G) contain a description of how teachers, parents, \n and community members have been, or shall be, involved \n in the planning, development and implementation of each \n charter public school.\n (b) Eligible Partnership Application.--\n (1) In general.--Each charter public school desiring a \n grant pursuant to section 5(a)(2) shall submit an application \n to the Secretary at such time, in such manner, and accompanied \n by such information as the Secretary may reasonably require.\n (2) Contents.--Each application submitted pursuant to \n paragraph (1) shall contain the same information and assurances \n as the information and assurances described in subparagraphs \n (B) through (G) of subsection (a)(2).\n\nSEC. 7. OUTCOMES AGREEMENT.\n\n (a) Agreement.--In order to receive a grant under this Act a \ncharter public school shall enter into an outcomes agreement with the \nsponsor participating in the eligible partnership.\n (b) Contents.--Each agreement referred to in subsection (a) shall--\n (1) be in the form of a written contract between the \n sponsor and the board of directors of the charter public school \n participating in the eligible partnership;\n (2) set forth outcomes that such school shall achieve; and\n (3) include information and assurances described in \n subparagraphs (B) through (G) of section 6(a)(2).\n\nSEC. 8. CONTINUATION OF FUNDING.\n\n Each charter public school receiving a grant under this Act shall \nbe eligible to receive Federal, State, and local education revenue, \ngrants and other aids as though such school were a local educational \nagency.\n\nSEC. 9. TERMINATION.\n\n The Secretary or a State educational agency receiving a grant under \nthis part shall terminate grant payments under this Act if the \nSecretary or such State educational agency, at any time, determines \nthat the charter public school is not making acceptable progress toward \nmeeting the outcomes described in section 7.\n\nSEC. 10. REPORTS.\n\n (a) State Report.--\n (1) Reports.--Each charter public school receiving a grant \n pursuant to section 5(a)(1) shall report at least annually to \n the State educational agency or other agency designated by the \n Governor on such school's progress in meeting the outcomes \n described in section 7.\n (2) Report to the secretary.--Each State educational agency \n receiving a report under subsection (a) shall annually report \n to the Secretary on the program assisted under this Act.\n (b) School Reports.--Each charter public school receiving a grant \npursuant to section 5(a)(2) shall at least annually report to the \nSecretary the charter public school's progress in meeting the outcomes \ndescribed in section 7.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $50,000,000 for fiscal year \n1994, $75,000,000 for fiscal year 1995, and such sums as may be \nnecessary for the 3 succeeding fiscal years to carry out the provisions \nof this Act.","summary":"Public School Redefinition Act of 1993 - Establishes a demonstration program to provide Federal assistance to encourage States to assist teachers, parents, and local communities to establish and develop outcome-based public schools. Authorizes the Secretary of Education to award grants to State educational agencies (SEAs) to conduct such outcome-based public school programs . Limits such grants to three years and requires the school to provide matching funds. Prohibits grant funds from being used for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases and other start-up costs, including minor renovation of facilities to meet applicable health and safety requirements. Provides that each such outcome-based public school shall be eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Directs the Secretary or the SEA receiving such a grant to terminate grant payments to an outcome-based public school upon determination that it is not making acceptable progress. Authorizes appropriations.","title":"Public School Redefinition Act of 1993","text_len":12687,"sum_len":1146} {"bill_id":"113_hr4259","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Books Opening Opportunity \nfor Knowledge Act of 2014'' or the ``E-BOOK Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Rising costs are making it increasingly difficult for \n students and their families to afford a college education.\n (2) In addition to the growing price of tuition, fees, and \n room and board, the average college student in the United \n States must also spend more than $1,000 per year on textbooks \n and supplies.\n (3) New learning technologies in higher education provide a \n growing opportunity to reduce the cost of course materials for \n students and their families.\n (4) All students deserve the opportunity to obtain a high-\n quality education and acquire the skills needed to compete in \n 21st-century economy.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to identify savings in the cost of \npublic college education for undergraduate students by funding pilot \nprograms in institutions of higher education to provide expanded access \nto digital course materials as part of their academic programs.\n\nSEC. 4. GRANTS TO EXPAND ACCESS TO DIGITAL COURSE MATERIALS.\n\n Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et \nseq.) is amended by adding at the end the following new part:\n\n ``PART BB--GRANTS FOR THE EXPANSION OF ACCESS TO DIGITAL COURSE \n MATERIALS\n\n``SEC. 891. GRANTS FOR ACCESS TO DIGITAL COURSE MATERIALS.\n\n ``(a) Grants Authorized.--\n ``(1) In general.--From amounts made available by the \n Secretary pursuant to subsection (g), the Secretary may award \n grants on a competitive basis to not more than 10 institutions \n of higher education to reduce the cost of attendance for \n undergraduate students by providing such students with expanded \n access to digital course materials.\n ``(2) Amount of funds to be awarded.--The Secretary shall \n determine the amount of funds to be awarded for each grant \n based on the number of students to be served under the grant, \n except that no grant under this section shall be in an amount \n that is more than $2,000,000.\n ``(b) Application.--An institution desiring to obtain a grant under \nthis section shall submit an application to the Secretary at such time, \nin such form, and accompanied by such information, agreements, and \nassurances as the Secretary may reasonably require.\n ``(c) Preference.--In awarding grants under this section, the \nSecretary shall give preference to applications that demonstrate a \ncommitment to serving disadvantaged students.\n ``(d) Use of Funds.--Each grant awarded under this section shall \nprovide to an institution of higher education funds to support a pilot \nprogram for the institution to make digital course materials available \nto undergraduate students in at least two different academic \ndepartments. Such funds may be used for any of the following:\n ``(1) Purchasing and maintaining electronic equipment or \n software necessary for the operation of the pilot program, \n including mobile computer devices and accompanying hardware, \n software applications, computer systems and platforms, digital \n and online content, online instruction, and other online \n services and support.\n ``(2) Purchasing and maintaining digital and online content \n for the institution to make available electronically to \n instructors or students, including paying any copyright fees \n associated with the digital distribution of physical course \n materials.\n ``(3) Hiring staff for the administration of the pilot \n program, with priority given to hiring enrolled undergraduate \n students.\n ``(4) Building or acquiring extra storage space dedicated \n to equipment used for the pilot program.\n ``(5) Revising and adapting academic curricula as needed to \n implement the pilot program.\n ``(6) Acquiring such other goods or services as the \n Secretary determines appropriate.\n ``(e) Reporting Requirements.--\n ``(1) Report to the secretary.--After a period of time to \n be determined by the Secretary, each institution of higher \n education that receives a grant under this section shall submit \n to the Secretary a report that includes--\n ``(A) an assessment of the effectiveness of the \n pilot program funded by the grant in reducing the cost \n of attendance for students;\n ``(B) an assessment of any impact of the pilot \n program on student achievement;\n ``(C) an accounting of the purposes for which the \n grant funds were expended; and\n ``(D) any additional information the Secretary \n reasonably requires.\n ``(2) Report to congress.--Not later than three years after \n the end of the first fiscal year in which a grant is awarded \n under this section, the Secretary shall submit to Congress a \n report on the effectiveness of the grants. Such report shall \n include--\n ``(A) an estimate by the Secretary of the amount of \n money saved by students who participate in the pilot \n programs;\n ``(B) a summary of the best practices developed in \n the pilot programs;\n ``(C) a description of the types of digital course \n materials used in the pilot programs, including \n electronic books, interactive and adaptive digital \n learning tools, and open educational resources; and\n ``(D) any recommendations the Secretary determines \n appropriate regarding future congressional action \n related to student access to digital course materials.\n ``(f) Definitions.--In this section:\n ``(1) Cost of attendance.--The term `cost of attendance' \n has the meaning given the term in section 472.\n ``(2) Institution of higher education.--The term \n `institution of higher education' has the meaning given the \n term in section 101(a), except that such term only includes \n public institutions.\n ``(3) Digital course materials.--The term `digital course \n materials' includes electronic books, portable document format \n and word-processing documents, Internet websites, interactive \n and adaptive digital learning tools, open educational \n resources, and other digital and online educational resources.\n ``(4) Open educational resources.--The term `open \n educational resources' means digital course materials that are \n made freely available online to the public with a permanent \n copyright license granting advance permission for the public to \n access, distribute, adapt, and otherwise use the work with \n appropriate attribution to the authors as set forth in the \n materials.\n ``(5) Mobile computer device.--The term `mobile computer \n device' means an electronic reader or tablet computer.\n ``(6) Disadvantaged student.--The term `disadvantaged \n student' means an undergraduate student who is--\n ``(A) from a low-income family;\n ``(B) a minority; or\n ``(C) from an economically or otherwise \n disadvantaged background.\n ``(g) Funding.--Of the funds made available in appropriation Acts \nfor fiscal years 2015, 2016, and 2017 for the purpose of making \ncompetitive grants to institutions of higher education under this Act, \nthe Secretary may make available to carry out this section not more \nthan $20,000,000.\n ``(h) Sunset.--No grants may be awarded under this section after \nSeptember 30, 2017.''.","summary":"Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E-BOOK Act of 2014 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to up to 10 institutions of higher education (IHEs) to conduct pilot programs to reduce the cost of attendance for undergraduate students by expanding their access to digital course materials. Directs the Secretary to give a preference to applications that demonstrate a commitment to serving disadvantaged students. Requires grantees to make digital course materials available to undergraduate students in at least two different academic departments. Allows the IHEs to use the grant funds to: purchase and maintain the electronic equipment or software their pilot programs need. Purchase and maintain the digital and online content that instructors or students will use. Hire staff to administer their pilot programs, with priority given to hiring enrolled undergraduate students, build or acquire extra storage space for pilot program equipment. And revise and adapt academic curricula as needed to implement their pilot programs.","title":"E-BOOK Act of 2014","text_len":8189,"sum_len":1132} {"bill_id":"113_hr3525","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Hydrocephalus \nTreatment and Training Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Hydrocephalus, also known as ``water on the brain'', is \n a medical condition in which an abnormal accumulation of \n cerebrospinal fluid in the ventricles or cavities of the brain \n causes increased intracranial pressure inside the skull and \n progressive enlargement of the head.\n (2) If left untreated, hydrocephalus leads to physical and \n mental disabilities and eventually death.\n (3) Hydrocephalus is an extremely painful condition that \n most commonly occurs in infants and young children as a result \n of a congenital abnormality (anatomic abnormality, aqueductal \n stenosis, spina bifida or encephalocele), or post-infectious \n hydrocephalus (PIH) caused by infections acquired after birth, \n such as meningitis, that attack the brain.\n (4) PIH is the most common cause of hydrocephalus globally, \n accounting for approximately 60 percent of all cases.\n (5) Three to five out of every 1,000 newborns in developing \n countries are either born with hydrocephalus or acquire it due \n to neonatal infections in the first few months of life.\n (6) It is conservatively estimated that more than 300,000 \n children are born with or acquire hydrocephalus in the \n developing world each year.\n (7) Children with hydrocephalus who are not effectively \n treated or who are not treated in the early stages of the \n condition suffer from cognitive deficiencies or physical \n disabilities or both.\n (8) Families of children who have hydrocephalus in \n developing countries rarely know that it is a treatable \n condition, where to go for treatment, or how to care for a \n child suffering from the condition.\n (9) Many children with hydrocephalus in developing \n countries are abandoned, ostracized, or abused due to their \n appearance and physical and mental disabilities.\n (10) Hydrocephalus can be treated, and advances in \n innovative medical procedures such as ETV\/CPC have the \n potential to save thousands of lives annually and prevent or \n mitigate physical and mental disabilities in thousands of \n children in developing countries.\n (11) The current standard treatment for hydrocephalus is \n the VP shunt which often requires up to 5 surgical revisions \n before a child reaches adulthood to remedy blockages in the \n shunt and to account for the child's growth. Blockages can be \n expected during the life of the patient and can lead to death, \n particularly in developing countries where access to the \n requisite medical expertise often is not available.\n (12) Due to the need for multiple replacements of a VP \n shunt, this treatment is expensive and creates an increased \n burden on fragile health systems, patients, and families.\n (13) ETV\/CPC is a shunt-less surgery for hydrocephalus that \n does not require a VP shunt and has been shown to be \n appropriate in at least two-thirds of the cases of infants with \n hydrocephalus. Of those cases, ETV\/CPC is 93 percent effective \n in eliminating hydrocephalus.\n (14) Few hospitals with the expertise and capacity to treat \n hydrocephalus exist in developing countries, and the demand for \n treatment far exceeds the capacity of health systems in those \n countries.\n (15) Neurosurgical care for hydrocephalus in developing \n countries is widely unavailable due to a lack of trained \n neurosurgeons. In East Africa, there is only 1 neurosurgeon per \n 10,000,000 people. In many developing countries there are no \n trained neurosurgeons.\n (16) Hundreds of thousands of cases of hydrocephalus in \n children in developing countries could be successfully treated \n if adequate resources are devoted to training surgeons in new \n techniques, such as ETV\/CPC, and many future cases could be \n prevented if adequate resources are devoted to research means \n to mitigate the preventable causes of hydrocephalus.\n (17) Adoption of innovative new techniques to treat \n hydrocephalus, such as ETV\/CPC, are more cost effective in the \n long term than current treatment methods since only one surgery \n is required in most cases, thus limiting the impact on \n overburdened health systems in developing countries.\n\nSEC. 3. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.\n\n Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2151 et. seq.) is amended--\n (1) by redesignating the second section 135 (as added by \n section 5(a) of the Senator Paul Simon Water for the Poor Act \n of 2005 (Public Law 109-121; 119 Stat. 2536)) as section 136; \n and\n (2) by adding at the end the following:\n\n``SEC. 137. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.\n\n ``(a) Purposes.--The purposes of assistance authorized by this \nsection are--\n ``(1) to ensure that life-saving treatment of hydrocephalus \n is an important priority of United States bilateral foreign \n assistance, including through promotion of innovative \n treatments and training of medical practitioners from the \n developing world in the latest treatment protocols and best \n practices for the treatment of hydrocephalus, including--\n ``(A) surgery and post-surgery care in developing \n countries;\n ``(B) the creation of a comprehensive hydrocephalus \n training program based in the developing world for \n surgeons and key members of their medical team; and\n ``(C) the training of medical practitioners based \n in the developing world in ETV\/CPC and other \n appropriate treatment protocols; and\n ``(2) to promote research to reduce the incidence of PIH \n epidemiology, pathophysiology, and disease burden, and to \n improve treatment of hydrocephalus.\n ``(b) Authorization.--To carry out the purposes of subsection (a), \nthe President is authorized to provide assistance to support a network \nof trained medical practitioners to treat hydrocephalus in children at \npediatric hospitals and hydrocephalus treatment centers in developing \ncountries with a high incidence of hydrocephalus.\n ``(c) Activities Supported.--\n ``(1) Comprehensive program.--\n ``(A) In general.--Assistance provided under \n subsection (b) shall, to the maximum extent \n practicable, be used to establish a comprehensive \n program to administer global hydrocephalus treatment \n and training activities utilizing a network of \n pediatric hospitals capable of performing endoscopic \n surgery in developing countries.\n ``(B) Administration.--The program described in \n subparagraph (A) shall be administered by healthcare \n executives and neurosurgeons with expertise in the \n treatment of hydrocephalus.\n ``(C) Responsibilities.--The responsibilities of \n the administrators described in subparagraph (B) shall \n include--\n ``(i) developing an appropriate education \n and training curriculum;\n ``(ii) establishing quality control \n standards;\n ``(iii) instituting safety guidelines and \n standards; and\n ``(iv) developing monitoring and evaluation \n protocols.\n ``(2) Training hospital.--\n ``(A) In general.--Assistance provided under \n subsection (b) shall, to the maximum extent \n practicable, be used to establish a surgeon training \n program within a pediatric hospital based in a \n developing country with a high incidence of \n hydrocephalus with the goal of training four surgeons \n annually and a total of 20 surgeons over a 5-year \n period to treat hydrocephalus utilizing the ETV\/CPC \n technique.\n ``(B) Timeline.--To the maximum extent practicable, \n the surgeon training program described in subparagraph \n (A) should be operational no later than 1 year after \n the date of enactment of this Act.\n ``(C) Training admissions criteria.--Candidates for \n the surgeon training program established under \n subparagraph (A) shall--\n ``(i) have a demonstrated commitment to \n providing medical assistance in the developing \n world; and\n ``(ii) certify that the candidate intends \n to remain and practice medicine in the \n developing world following completion of the \n program.\n ``(D) Training program methodology.--The surgeon \n training program established under subparagraph (A) \n shall--\n ``(i) be conducted by a neurosurgeon with a \n minimum of 3 years of full-time operating \n experience in the developing world;\n ``(ii) be a hands-on operating room \n experience in the developing world;\n ``(iii) utilize a hydrocephalus treatment \n protocol with an emphasis on ETV\/CPC as the \n preferred treatment when medically appropriate; \n and\n ``(iv) require that each trainee complete a \n minimum of 50 ETV\/CPC or ETV procedures and at \n least 25 VP shunt procedures.\n ``(3) Treatment centers.--\n ``(A) In general.--Assistance provided under \n subsection (b) shall, to the maximum extent \n practicable, be used to establish at least 20 \n hydrocephalus treatment centers located at public and \n private hospital in developing countries with a high \n incidence of hydrocephalus, which shall include \n treatment costs, endoscopy equipment and medical \n supplies necessary to provide ETV\/CPC procedures to \n treat hydrocephalus.\n ``(B) Staffing.--The treatment centers described in \n subparagraph (A) shall be staffed by--\n ``(i) one or more surgeons who have \n successfully completed the surgeon training \n program provided pursuant to paragraph (2); and\n ``(ii) a patient care administrator.\n ``(C) Treatment.--The treatment centers described \n in subparagraph (A) shall--\n ``(i) provide surgery to treat \n hydrocephalus in children;\n ``(ii) perform at least 50 hydrocephalus \n surgeries annually including a minimum of 25 \n ETV or ETV\/CPC surgeries; and\n ``(iii) provide post-surgery care and \n support for the children treated in accordance \n with clause (i).\n ``(4) Medical records and data.--Assistance provided under \n subsection (b) shall, to the maximum extent practicable, \n include the maintenance of medical records which track patient \n care activities and information about the causes and incidence \n rates of PIH.\n ``(d) Definitions.--In this section:\n ``(1) CPC.--The term `CPC' means choroid plexus \n cauterization, a surgical procedure to reduce the production of \n cerebrospinal fluid in the brain.\n ``(2) ETV.--The term `ETV' means endoscopic third \n ventriculostomy, a shunt-less surgical procedure in which an \n opening is created in the floor of the third ventricle of the \n brain allowing cerebrospinal fluid to bypass any obstruction \n and flow directly to the basal cisterns.\n ``(3) ETV\/CPC.--The term `ETV\/CPC' means the shunt-less \n surgical method for treating hydrocephalus through the \n combination of ETV and CPC surgical procedures.\n ``(4) Hydrocephalus.--The term `hydrocephalus' means a \n medical condition in which an abnormal accumulation of \n cerebrospinal fluid in the ventricles or cavities of the brain \n causes increased intracranial pressure inside the skull and \n progressive enlargement of the head.\n ``(5) Medical practitioners.--The term `medical \n practitioners' means physicians, nurses and other clinicians.\n ``(6) PIH.--The term `PIH' means post-infectious or \n acquired hydrocephalus which is the onset of hydrocephalus \n after birth due to the affects of an infection, such as \n meningitis, that has attacked the brain.\n ``(7) VP shunt.--The term `VP shunt' means a \n ventriculoperitonea shunt which is a plastic tube that is \n regulated by a valve and surgically placed in a brain ventricle \n that allows the cerebrospinal fluid to flow out of the brain \n through the tube and into the patient's abdomen.\n ``(e) Authorization of Appropriations.--Of the amounts made \navailable to carry out this chapter for child survival and maternal \nhealth programs, there are authorized to be appropriated to the \nPresident such sums as may be necessary for each of the fiscal years \n2014 through 2018 to carry out this section.''.","summary":"International Hydrocephalus Treatment and Training Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries. Requires such assistance to provide for surgeon training and establishment of at least 20 treatment centers.","title":"International Hydrocephalus Treatment and Training Act","text_len":14551,"sum_len":429} {"bill_id":"115_s1199","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Enforcement Security Task \nForce Reauthorization Act of 2017''.\n\nSEC. 2. MODIFIED INSTRUCTIONS.\n\n (a) Updated Considerations for the Establishment of Units.--Section \n432(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(c)) is \namended--\n (1) in the matter preceding subparagraph (A), by striking \n ``shall consider'' and inserting ``shall apply risk-based \n criteria that takes into consideration'';\n (2) in subparagraph (A), by inserting ``, including threats \n posed by transnational criminal organizations'' before the \n semicolon at the end;\n (3) in subparagraph (C), by striking ``and'' at the end;\n (4) in subparagraph (D), by striking the period at the end \n and inserting a semicolon; and\n (5) by adding at the end the following:\n ``(E) the extent to which the BEST unit would \n advance the Department's homeland and border security \n strategic priorities and related objectives; and\n ``(F) whether departmental Joint Task Force \n operations established pursuant to section 708 and \n other joint cross-border initiatives would be enhanced, \n improved, or otherwise assisted by the BEST unit.''.\n (b) Port Security.--Section 432(c) of the Homeland Security Act of \n2002, as amended by subsection (a), is further amended by adding at the \nend the following:\n ``(4) Port security best units.--A BEST unit established \n pursuant to paragraph (2) with a port security nexus shall be \n composed of at least 1 member of each of the following:\n ``(A) The Coast Guard Investigative Service.\n ``(B) The geographically responsible Coast Guard \n Sector Intelligence Office.''.\n (c) Updated Report Elements.--Section 432(e) of the Homeland \nSecurity Act of 2002 (6 U.S.C. 240(e)) is amended to read as follows:\n ``(e) Report.--Not later than 180 days after the date of the \nenactment of this subsection, and annually thereafter for the following \n5 years, the Secretary shall submit to Congress a report that \nincludes--\n ``(1) a description of the effectiveness of BEST in \n enhancing border security, disrupting and dismantling \n transnational criminal organizations, and reducing drug \n trafficking, arms smuggling, child exploitation, illegal alien \n trafficking and smuggling, violence, and kidnapping along and \n across the international borders of the United States, as \n measured by crime statistics, including violent deaths, \n incidents of violence, and drug-related arrests;\n ``(2) an assessment of how BEST enhances information-\n sharing, including the dissemination of homeland security \n information, among Federal, State, local, tribal, and foreign \n law enforcement agencies, as well as BEST capability gaps \n relating to intelligence coordinating and sharing efforts;\n ``(3) a description of how BEST advances the Department's \n homeland and border security strategic priorities and \n effectiveness of BEST in achieving related objectives; and\n ``(4) an assessment of BEST's joint operational efforts \n with departmental Joint Task Force operations established \n pursuant to section 708 and other joint cross-border \n initiatives;.\n ``(5) An assessment of whether additional authorities are \n needed to accomplish the BEST mission;\n ``(6) An assessment of whether additional Memos of \n Understanding are needed to address intelligence and \n coordination gaps; and\n ``(7) An assessment of whether funding has an impact on the \n overall mission of BEST operations to assist in advancing the \n Department's homeland and border security priorities and \n related objectives.''.\n\nSEC. 3. AUTHORIZATION OF DANGER PAY ALLOWANCE FOR ICE AGENTS STATIONED \n IN DANGEROUS AREAS.\n\n (a) Sense of Congress.--It is the sense of Congress that providing \npersonnel danger pay to U.S. Immigration and Customs Enforcement (ICE) \nagents who are assigned to dangerous overseas posts will--\n (1) help modernize ICE's overseas workforce compensation \n system; and\n (2) place ICE on equal footing with the law enforcement \n agencies of the Department of Justice.\n (b) Authorization.--Section 5928 of title 5, United States Code, is \namended by inserting ``The Secretary of State may not deny a request by \nthe Administrator of the Drug Enforcement Administration, the Director \nof the Federal Bureau of Investigation, or the Director of U.S. \nImmigration and Customs Enforcement to authorize a danger pay allowance \nunder this section for any employee of any such agency.'' after the \nfirst sentence.\n (c) Conforming Amendment.--Section 151 of the Foreign Relations \nAuthorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is \nrepealed.\n (d) Reporting Requirement.--Not later than 30 days after the date \non which regulations are issued pursuant to subsection (d), the \nDirector of U.S. Immigration and Customs Enforcement shall submit a \nreport to the Committee on Foreign Relations of the Senate, the \nCommittee on Homeland Security and Governmental Affairs of the Senate, \nthe Committee on Foreign Affairs of the House of Representatives, and \nthe Committee on Homeland Security of the House of Representatives that \nspecifies--\n (1) the overseas posts that have been designated by the \n Director as locations at which ICE agents will receive a danger \n pay allowance; and\n (2) the justification for each such designation.\n ","summary":"Border Enforcement Security Task Force Reauthorization Act of 2017 This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), before establishing a Border Enforcement Security Task Force (BEST) unit, to apply risk-based criteria that takes into consideration specified factors, including: whether the area in which the BEST unit would be established is significantly impacted by threats posed by transnational criminal organizations. The extent to which the unit would advance DHS's homeland and border security strategic priorities and related objectives. And whether departmental Joint Task Force operations would be enhanced, improved, or otherwise assisted by the unit. A BEST unit with a port security nexus must be composed of at least one member of: (1) the Coast Guard Investigative Service, and (2) the geographically responsible Coast Guard Sector Intelligence Office. The bill modifies the DHS annual reporting requirement on the BEST program to require:: a description of the effectiveness of BEST in disrupting and dismantling transnational criminal organizations and reducing child exploitation, an assessment of how BEST enhances information-sharing. A description of how BEST advances DHS's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives. An assessment of BEST's joint operational efforts with departmental Joint Task Force operations. An assessment of whether additional authorities are needed to accomplish the BEST mission. An assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps. And an assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing DHS's homeland and border security priorities and related objectives. The bill expresses the sense of Congress that providing personnel danger pay to U. S Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will: (1) help modernize ICE's overseas workforce compensation system, and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. The Department of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or ICE to authorize a danger pay allowance for any employee of such agencies. ICE must submit a report to the congressional foreign affairs and homeland security committees that specifies the overseas posts that have been designated as locations at which ICE agents will receive a danger pay allowance and the justification for each such designation.","title":"Border Enforcement Security Task Force Reauthorization Act of 2017","text_len":6594,"sum_len":2676} {"bill_id":"103_hr3590","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technology Transfer Improvements Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares the following:\n (1) The commercialization of technology and industrial \n innovation are central to the economic, environmental, and \n social well-being of citizens of the United States.\n (2) The Government can help United States business to speed \n the development of new products and processes by entering into \n Cooperative Research and Development Agreements which make \n available the assistance of the Federal laboratories to the \n private sector, but the commercialization of technology and \n industrial innovation in the United States depends largely upon \n actions by business.\n (3) Government action to claim a right of ownership to any \n invention or other intellectual property developed under a \n Cooperative Research and Development Agreement can inhibit the \n establishment of such agreements with business and can prevent \n the commercialization of technology and industrial innovation \n by business.\n (4) The commercialization of technology and industrial \n innovation in the United States will be enhanced if the \n ownership of any invention or other intellectual property \n developed under a Cooperative Research and Development \n Agreement belongs to a company or companies incorporated in the \n United States.\n\nSEC. 3. TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE \n RESEARCH AND DEVELOPMENT AGREEMENTS.\n\n Section 12 of the Stevenson-Wydler Technology Innovation Act of \n1980 (15 U.S.C. 3710a) is amended as follows:\n (1) In the text of subsection (b) immediately preceding \n paragraph (1), strike ``Government-operated Federal laboratory, \n and to the extent provided in an agency-approved joint work \n statement, a Government-owned contractor-operated laboratory, \n may'' and insert ``Federal laboratory shall ensure that title \n to any intellectual property arising from the agreement, except \n intellectual property developed in whole by a laboratory \n employee, is assigned to the collaborating party or parties to \n the agreement in exchange for reasonable compensation to the \n laboratory, and may''.\n (2) In subsection (b)(2), strike ``or in part''.\n (3) Amend subsection (b)(3) to read as follows:\n ``(3) retain a nonexclusive, nontransferable, irrevocable, \n paid-up license from the collaborating party or parties for any \n intellectual property arising from the agreement, and have such \n license practiced throughout the world by or on behalf of the \n Government, but shall not, in the exercise of such license, \n publicly disclose proprietary information related to the \n license;''.\n (4) Amend subsection (b)(4) to read as follows:\n ``(4) retain the right, in accordance with procedures \n provided in regulations promulgated under this section, to \n require a collaborating party to grant to a responsible \n applicant or applicants a nonexclusive, partially exclusive, or \n exclusive license to use the subject intellectual property in \n any field of use, on terms that are reasonable under the \n circumstances, or if the collaborating party fails to grant \n such a license, to grant the license itself if the laboratory \n finds that--\n ``(A) the collaborating party has not taken, and is \n not expected to take within a reasonable time, \n effective steps to achieve practical application of the \n subject intellectual property in the field of use;\n ``(B) such action is necessary to meet health or \n safety needs that are not reasonably satisfied by the \n collaborating party;\n ``(C) such action is necessary to meet requirements \n for public use specified by Federal regulations and \n such requirements are not reasonably satisfied by the \n collaborating party; or\n ``(D) the collaborating party has not entered into \n or is in breach of an agreement made pursuant to \n subsection (c)(4)(B).''.\n (5) In subsection (d)(2), strike ``and'' at the end;\n (6) In subsection (d)(3), strike the period at the end and \n insert ``; and''.\n (7) At the end of subsection (d), insert the following new \n paragraph:\n ``(4) the term `intellectual property rights' means--\n ``(A) in the case of government-owned, government-\n operated Federal laboratories, patents; and\n ``(B) in the case of government-owned, contractor-\n operated Federal laboratories, patents, copyrights, and \n computer chip mask work registrations.''.\n\nSEC. 4. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY \n FEDERAL LABORATORIES.\n\n Section 14 of the Stevenson-Wydler Technology Innovation Act of \n1980 (15 U.S.C. 3710c) is amended to read as follows:\n\n``SEC. 14. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED \n BY FEDERAL AGENCIES OR LABORATORIES.\n\n ``(a) In General.--\n ``(1) Except as provided in paragraphs (2) and (4), any \n income received by a Federal agency or laboratory from the \n licensing or assignment of intellectual property under \n agreements entered into by Federal laboratories under section \n 12, and intellectual property of Federal agencies or \n laboratories licensed under section 207 of title 35, United \n States Code, or under any other provision of law, shall be \n retained by the agency or laboratory and shall be disposed of \n as follows:\n ``(A)(i) The head of the agency or laboratory or \n his designee shall pay to the laboratory employee or \n employees who have assigned their rights in the \n intellectual property to the United States, to the \n laboratory operator, or to a collaborating party or \n parties to a research agreement an amount equal to the \n sum of--\n ``(I) the first $10,000 received by the \n agency or laboratory from the intellectual \n property; and\n ``(II) 15 percent of any income received by \n the agency or laboratory from the intellectual \n property in excess of the sum of the amount \n paid pursuant to item (I) and the value of \n unreimbursed research and development resources \n provided by the laboratory under the terms of \n the agreement.\n ``(ii) An agency or laboratory may provide \n appropriate incentives from royalties to laboratory \n employees who contribute substantially to the technical \n development of licensed or assigned intellectual \n property between the time that the intellectual \n property rights are legally asserted and the time of \n the licensing or assigning of the intellectual property \n rights.\n ``(iii) The agency or laboratory shall retain the \n income received from intellectual property until the \n agency or laboratory makes payments to laboratory \n employees under clause (i) or (ii).\n ``(B) The balance of the income shall be \n transferred to the agency's laboratories, with the \n majority share of the royalties or other income going \n to the laboratory where the intellectual property \n originated, and the income so transferred to any such \n laboratory may be used or obligated by that laboratory \n during the fiscal year in which it is received or \n during the succeeding fiscal year--\n ``(i) for payment of not more than 15 \n percent of such income for expenses incidental \n to the administration and licensing of \n intellectual property by the agency or \n laboratory with respect to intellectual \n property which originated at that laboratory, \n including the fees or other costs for the \n services of other agencies, persons, or \n organizations for intellectual property \n management and licensing services;\n ``(ii) to reward scientific, engineering, \n and technical employees of the laboratory, \n including developers of sensitive or classified \n technology, regardless of whether the \n technology has commercial applications;\n ``(iii) to further scientific exchange \n among the laboratories of the agency; or\n ``(iv) for education and training of \n employees consistent with the research and \n development mission and objectives of the \n agency or laboratory, and for other activities \n that increase the potential for transfer of the \n technology of the laboratories of the agency.\n All income retained by the agency or laboratory after payments \n have been made pursuant to subparagraphs (A) and (B) that is \n unobligated and unexpended at the end of the fiscal year \n succeeding the fiscal year in which the income was received \n shall be paid into the United States Treasury.\n ``(2) If, after payments to employees under paragraph (1), \n the intellectual property income received by an agency and its \n laboratories in any fiscal year exceeds 5 percent of the budget \n of the laboratories of the agency for that year, 75 percent of \n such excess shall be paid to the United States Treasury and the \n remaining 25 percent may be used or obligated for the purposes \n described in clauses (i) through (iv) of paragraph (1)(B) \n during that fiscal year or the succeeding fiscal year. Any \n income not so used or obligated shall be paid into the United \n States Treasury.\n ``(3) Any payment made to an employee under this section \n shall be in addition to the regular pay of the employee and to \n any other awards made to the employee, and shall not affect the \n entitlement of the employee to any regular pay, annuity, or \n award to which the employee is otherwise entitled or for which \n the employee is otherwise eligible, or limit the amount \n thereof. Any payment made under this section to any employee \n shall continue after the employee leaves the employment of the \n laboratory or agency.\n ``(4) A Federal agency receiving income as a result of \n intellectual property management services performed for another \n Federal agency or laboratory under section 207 of title 35, \n United States Code, may retain such income to the extent \n required to offset the payment of income from intellectual \n property under paragraph (1)(A)(i), and costs and expenses \n incurred under paragraph (1)(B)(i), including the cost of \n foreign protection of the intellectual property of the other \n agency. All income remaining after payment of the income, \n costs, and expenses described in the preceding sentence shall \n be transferred to the agency for which the services were \n performed, for distribution in accordance with clauses (i) \n through (iv) of paragraph (1)(B).\n ``(b) Certain Assignments.--If the intellectual property from which \nthe income is derived was assigned to the Federal agency--\n ``(1) by a contractor, grantee, or participant in a \n cooperative agreement with the agency; or\n ``(2) by an employee of the agency who was not working in \n the laboratory at the time the intellectual property was \n originated;\n``the agency unit that was involved in such assignment shall be \nconsidered to be a laboratory for purposes of this section.\n ``(c) Reports.--\n ``(1) In making its annual submission to the Congress, each \n Federal agency shall submit, to the appropriate authorization \n and appropriations committee of both Houses of the Congress, a \n summary of the amount of income received from intellectual \n property and expenditures made (including employee awards) \n under this section.\n ``(2) Not later than October 1, 1996, the Comptroller \n General shall review the effectiveness of the various income-\n sharing programs established under this section and report to \n the appropriate committees of the House of Representatives and \n the Senate, in a timely manner, the Comptroller General's \n findings, conclusions, and recommendations for improvements in \n such programs.''.\n\nSEC. 5. AMENDMENT TO BAYH-DOLE ACT.\n\n Section 210(e) of title 35, United States Code, is amended by \ninserting ``and the Technology Commercialization Act of 1993'' after \n``Federal Technology Transfer Act of 1986''.","summary":"Technology Transfer Improvements Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and developments agreements (CRADAs) to: (1) direct Federal laboratories to ensure that such title is assigned to the collaborating parties to the CRADA in exchange for reasonable compensation to the Federal laboratory. (2) authorize a Federal laboratory to retain a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating parties for such property. And (3) authorize a Federal laboratory to require a collaborating partner to grant a license to use such property to a responsible applicant. Defines intellectual property rights as: (1) patents in the case of Government-owned, Government-operated Federal laboratories. And (2) patents, copyrights, and computer chip mask work registration in the case of Government-owned, contractor-operated Federal laboratories. Sets forth a framework for the distribution of income from intellectual property received by Federal agencies or laboratories. Requires the Comptroller General to report to the Congress on the effectiveness of the income-sharing programs established under this Act. Amends the Bayh-Dole Act to grant this Act precedence over its provisions.","title":"Technology Transfer Improvements Act of 1993","text_len":14108,"sum_len":1316} {"bill_id":"107_s1827","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair International Labor Standards \nin Trade and Investment Act of 2001''.\n\nSEC. 2. OBJECTIVES; DUTIES OF ILAB.\n\n (a) Objectives.--The policy objectives of Congress with respect to \ninternational labor issues are as follows:\n (1) Fundamental economic, political, social, technological, \n and cross-cultural changes are proceeding in ways that \n accelerate global integration and interdependence.\n (2) The United States national interest is served by more \n open markets, expanding trade, and investment liberalization \n within the community of nations, balanced by increased respect \n and enforcement of universal human rights as defined in the \n Universal Declaration of Human Rights and the ILO Declaration \n of Fundamental Principles and Rights at Work.\n (3) The American people believe that more open \n international trade, investment, and market access are not ends \n in themselves, but means for attaining greater economic \n justice, social responsibility, and sustainable development in \n both the United States and the global economy.\n (4) A principal objective of the international economic \n policy of the United States is to spread the benefits of trade \n and investment liberalization as broadly as possible within all \n trading nations and not just between them.\n (5) United States international economic policy should \n emphasize the following 4 principal goals:\n (A) The achievement of steadily increasing \n purchasing power throughout the global economy in \n tandem with expanding global productive capacity that \n leads to--\n (i) the elimination of abusive child labor;\n (ii) rising living standards in developing \n and developed national economies; and\n (iii) the acceleration of broad-based \n consumer markets within all trading nations.\n (B) The discouragement of economic development by \n any nation based on the commercial exploitation of \n child labor and the systematic denial of \n internationally recognized worker rights and core labor \n standards, in order to gain illegitimate competitive \n advantage in international trade and investment.\n (C) The expansion of global trade and investment, \n not protectionism, based on growing public confidence \n that the rules governing international flows of \n capital, goods, services, technology, and labor are \n structured, in law and practice, to end abusive child \n labor and promote the rights and interests of working \n people as well as those of other parties to \n international agreements.\n (D) The alleviation of poverty, hunger, abusive \n child labor, and illiteracy through the empowerment of \n working people in all trading nations so that they can \n more fully participate in policy-making and benefit \n equitably from the fruits of their labor in the conduct \n of global trade, investment, and commerce.\n (b) Duties of ILAB.--Under the guidance of the Secretary of Labor, \nthe International Labor Affairs Bureau shall have the primary \nresponsibility for advancing the policy objectives and goals set out in \nsubsection (a) and for coordinating all related United States \nactivities.\n\nSEC. 3. FUNCTIONS.\n\n The Secretary of Labor is authorized to act through the \nInternational Labor Affairs Bureau, to carry out the following \nactivities to promote fair international standards in trade and \ninvestment:\n (1) Represent the United States in the International Labor \n Organization (ILO) and support that Organization's activities, \n consulting with the organizations that represent employers and \n employees in that body.\n (2) Provide bilateral and multilateral technical assistance \n to enable developing countries in particular to--\n (A) implement core labor standards;\n (B) strengthen governmental capacity to enforce \n national labor laws and protect internationally \n recognized worker rights; and\n (C) develop policies to assist workers who are \n adversely affected by shifts in trade and investments \n flows, structural adjustments, and macroeconomic \n changes within national economies and the global \n economy respectively.\n (3) Provide bilateral aid to foreign countries to eliminate \n abusive child labor and other trade and investment-related \n worker rights violations and to support workforce development \n programs to foster broad-based, equitable, and sustainable \n economic development in recipient countries.\n (4) Compile and report annually to Congress, on the extent \n to which each foreign country that has a trade and investment \n agreement with the United States protects the free exercise of \n internationally recognized worker rights, as required under \n United States law, and promotes core labor standards as \n embodied in the ILO Declaration on Fundamental Principles and \n Rights at Work.\n (5) Conduct research and analysis on the relationship \n between internationally recognized worker rights and core labor \n standards and the conduct of international, trade, commerce, \n and investment and related trends.\n\nSEC. 4. GRANTS.\n\n The Secretary of Labor may award grants and enter into cooperative \nagreements and contracts to carry out the functions described in \nsection 3.\n\nSEC. 5. AUTHORIZATION OF FUNDS.\n\n There are authorized to be appropriated to the Secreatry of Labor \nsuch sums as are necessary to carry out the provisions of this Act.","summary":"Fair International Labor Standards in Trade and Investment Act of 2001 - Authorizes the Secretary of Labor, through the International Labor Affairs Bureau, to promote fair international standards in trade and investment by: (1) representing the United States in the International Labor Organization (ILO), supporting ILO activities, and consulting with organizations that represent employers and employees in ILO. (2) providing bilateral and multilateral technical assistance to enable developing countries in particular to implement core labor standards, strengthen governmental capacity to enforce national labor laws and protect internationally recognized worker rights, and develop policies to assist workers who are adversely affected by shifts in trade and investments flows, structural adjustments, and macroeconomic changes within national economies and the global economy. (3) providing bilateral aid to foreign countries to eliminate abusive child labor and other trade and investment-related worker rights violations and to support workforce development programs to foster broad-based, equitable, and sustainable economic development in recipient countries. (4) compiling and reporting annually to Congress on the extent to which each foreign country that has a trade and investment agreement with the United States protects the free exercise of internationally recognized worker rights as required under US law, and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work. (5) conducting research and analysis on the relationship between internationally recognized worker rights and core labor standards and the conduct of international, trade, commerce, and investment and related trends. And (6) making grants, contracts, and cooperative agreements to carry out such functions.","title":"A bill to provide permanent authorization for International Labor Affairs Bureau to continue and enhance their work to alleviate child labor and improve respect for internationally recognized worker rights and core labor standards, and for other purposes.","text_len":6310,"sum_len":1845} {"bill_id":"107_hr1681","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voluntary Opportunities for \nIncreasing Contributions to Education Act''.\n\nSEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND \n SECONDARY SCHOOLS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND \n SECONDARY SCHOOLS.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to 75 percent of the qualified charitable contributions of the \ntaxpayer for the taxable year.\n ``(b) Maximum Credit.--\n ``(1) Individuals.--In the case of a taxpayer other than a \n corporation, the credit allowed by subsection (a) for any \n taxable year shall not exceed $500 ($1,000 in the case of a \n joint return).\n ``(2) Corporations.--In the case of a corporation, the \n credit allowed by subsection (a) shall not exceed $100,000.\n ``(c) Qualified Charitable Contribution.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified charitable \n contribution' means, with respect to any taxable year, the \n aggregate amount allowable as a deduction under section 170 \n (determined without regard to subsection (d)(1)) for cash \n contributions--\n ``(A) to a school tuition organization,\n ``(B) for the improvement, renovation, or \n construction of a school facility that is used \n primarily to provide education at the elementary or \n secondary level, and\n ``(C) for the acquisition of computer technology or \n equipment (as defined in subparagraph (E)(i) of section \n 170(e)(6)), or for training related to the use of such \n technology or equipment, for use in a school facility \n described in subparagraph (B).\n ``(2) School tuition organization.--\n ``(A) In general.--The term `school tuition \n organization' means any organization which--\n ``(i) is described in section 170(c)(2),\n ``(ii) allocates at least 90 percent of its \n gross income and contributions and gifts to \n elementary and secondary school scholarships, \n and\n ``(iii) awards scholarships to any student \n who is eligible for free or reduced cost lunch \n under the school program established under the \n Richard B. Russell National School Lunch Act.\n ``(B) Elementary and secondary school \n scholarship.--The term `elementary and secondary school \n scholarship' means any scholarship excludable from \n gross income under section 117 for expenses related to \n education at or below the 12th grade.\n ``(3) School facility.--The term `school facility' shall \n not include any stadium or other facility primarily used for \n athletic contests or exhibitions or other events for which \n admission is charged to the general public.\n ``(d) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this chapter for any contribution for which \n credit is allowed under this section.\n ``(2) Application with other credits.--The credit allowable \n under subsection (a) for any taxable year shall not exceed the \n excess (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(3) Controlled groups.--All persons who are treated as \n one employer under subsection (a) or (b) of section 52 shall be \n treated as 1 taxpayer for purposes of this section.\n ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 30B. Credit for contributions for \n the benefit of elementary and \n secondary schools.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Voluntary Opportunities for Increasing Contributions to Education Act - Amends the Internal Revenue Code to allow an annual tax credit of up to $500 for an individual and $100,000 for a corporation for 75 percent of the qualified charitable contributions made on behalf of elementary or secondary schools.","title":"To amend the Internal Revenue Code of 1986 to allow a credit against income tax for contributions for scholarships to attend elementary and secondary schools, for upgrading elementary and secondary school facilities, and for expenses related to technology for elementary and secondary schools.","text_len":5018,"sum_len":305} {"bill_id":"111_s3572","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Marshals Service 225th \nAnniversary Commemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the United States Marshals Service, the first law \n enforcement agency in America, was established under section 27 \n of the Act entitled ``Chapter XX.--An Act to Establish the \n Judicial Courts of the United States'' and enacted on September \n 24, 1789 (commonly referred to as the ``Judiciary Act of \n September 24, 1789''), during the 1st Session of the 1st \n Congress, and was signed into law by the 1st President of the \n United States, George Washington;\n (2) George Washington had carefully considered the \n appointments to the Judicial branch long before the enactment \n of the Judiciary Act of September 24, 1789, and appointed the \n first 13 United States Marshals on September 26, 1789, 2 days \n after signing the Act into law;\n (3) the United States Marshals Service has had major \n significance in the history in the United States and has \n directly contributed to the safety and preservation of this \n Nation, by serving as an instrument of civil authority used by \n all 3 branches of the United States Government;\n (4) one of the original 13 United States Marshals, Robert \n Forsyth of Georgia, a 40-year-old veteran of the Revolutionary \n War, was the first civilian official of the United States \n Government, and the first of many United States Marshals and \n deputies to be killed in the line of duty when he was shot on \n January 11, 1794, while trying to serve civil process;\n (5) the United States Marshals Service Commemorative Coin \n will be the first commemorative coin to honor the United States \n Marshals Service;\n (6) in 2008, the United States Marshals Service established \n a 225th Anniversary Committee to ensure a suitable national \n observance of the United States Marshals Service 225th \n Anniversary, to take place on or about September 24, 2014, to \n support and facilitate marketing efforts for a commemorative \n coin and related activities for the United States Marshals \n Service 2014 observances;\n (7) a commemorative coin will bring national and \n international attention to the lasting legacy of this Nation's \n oldest law enforcement agency;\n (8) the United States should pay tribute to the Nation's \n oldest law enforcement agency, the United States Marshals \n Service, by minting and issuing commemorative coins in \n accordance with this Act; and\n (9) the proceeds from a surcharge on the sale of such \n commemorative coins will assist the financing of several \n national monuments, museums, and charitable organizations, \n including the United States Marshals Service National Museum, \n the National Law Enforcement Museum and Memorial, and the \n Center for Missing and Exploited Children.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--In commemoration of the 225th anniversary of \nthe establishment of the United States Marshals Service, the Secretary \nof the Treasury (hereafter in this Act referred to as the \n``Secretary'') shall mint and issue the following coins:\n (1) $5 gold coins.--Not more than 142,000 $5 gold coins, \n which shall--\n (A) weigh 33.931 grams;\n (B) have a diameter of 32.7 millimeters; and\n (C) contain 1 troy ounce of fine gold.\n (2) $1 silver coins.--Not more than 503,000 $1 coins of \n each of the designs specified in section 4(a)(3)(B), which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent alloy.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n (d) Mintage Level Coordination.--Section 5112(m)(2)(A) of title 31, \nUnited States Code, shall not apply to any mintage levels authorized \nunder subsection (a).\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the 225 years of exemplary and \n unparalleled achievements of the United States Marshals \n Service.\n (2) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2014-2015''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum'', and such other inscriptions as the \n Secretary may determine to be appropriate for the \n designs of the coins.\n (3) Coin images.--\n (A) $5 gold coins.--\n (i) Obverse.--The obverse of the $5 coins \n issued under this Act shall bear an image of \n the Marshals Services Star (also referred to as \n ``America's Star'').\n (ii) Reverse.--The reverse of the $5 coins \n issued under this Act shall bear a design \n emblematic of the sacrifice and service of the \n men and women of the United States Marshals \n Service who lost their lives in the line of \n duty.\n (iii) Edge incusion.--It is the sense of \n the Congress that, to the extent practicable, \n the edge of the $5 coins issued under this Act \n shall bear the motto of the United States \n Marshals Service ``Justice, Integrity, \n Service''.\n (iv) High relief.--The design and \n inscriptions on the obverse and reverse of the \n $5 coins issued under this Act shall be in high \n relief.\n (B) $1 silver coins.--\n (i) Obverse.--The obverse of the $1 coins \n issued under this Act shall bear an image of \n the Marshals Services Star (also referred to as \n ``America's Star'').\n (ii) Edge incusion.--It is the sense of the \n Congress that, to the extent practicable, the \n edge of each $1 coin shall bear the motto of \n the United States Marshals Service ``Justice, \n Integrity, Service''.\n (4) Realistic and historically accurate depictions.--The \n images for the designs of coins issued under this Act shall be \n selected on the basis of the realism and historical accuracy of \n the images and on the extent to which the images are \n reminiscent of the dramatic and beautiful artwork on coins of \n the so-called ``Golden Age of Coinage'' in the United States, \n at the beginning of the Twentieth Century, with the \n participation of such noted sculptors and medallic artists as \n James Earle Fraser, Augustus Saint-Gaudens, Victor David \n Brenner, Adolph A. Weinman, Charles E. Barber, and George T. \n Morgan.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary, after consultation with the \n Director of the United States Marshals Service, the Historian \n of the United States Marshals Service, and the Commission of \n Fine Arts; and\n (2) reviewed by--\n (A) the Citizens Coin Advisory Committee; and\n (B) the United States Marshals Service 225th \n Anniversary Committee, a panel to be formed consisting \n of administrative and operational members of the United \n States Marshals Service, past or present.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin proof quality and uncirculated quality.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular combination of denomination and \nquality of the coins minted under this Act.\n (c) Commencement of Issuance.--The Secretary may issue coins to the \npublic minted under this Act beginning on September 24, 2014, the 225th \nanniversary date of the United States Marshals Service, except for a \nlimited number to be issued prior to such date to the Director of the \nUnited States Marshals Service and employees of the Service for display \nand presentation during the 225th Anniversary celebration. Coins issued \nunder this Act shall be treated as a coin program for calendar year \n2015 for purposes of section 5112(m)(1) of title 31, United States \nCode.\n (d) Termination of Minting Authority.--No coins may be minted under \nthis Act after December 31, 2015.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n (3) United states marshals service employees.--To the \n extent possible, the Secretary shall make arrangements to \n ensure that current, former, and retired employees of the \n United States Marshals Service, names to be verified by the \n Director thereof, or the designee thereof, have an exclusive \n defined period of time to place prepaid orders under paragraph \n (1) at the same reasonable discount referred to in paragraph \n (2).\n (c) Presentation.--In addition to the issuance of coins under this \nAct in such other methods of presentation as the Secretary determines \nappropriate, the Secretary shall provide, as a sale option, a \npresentation case which displays the $5 gold and the $1 silver coins. \nThe presentation case should bear a depiction of the current badge of \nthe United States Marshals Service.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins minted under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 gold coin.\n (2) A surcharge of $10 per coin for the $1 silver coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \ncoins issued under this Act shall be promptly distributed as follows:\n (1) The first $5,000,000 available for distribution under \n this section to the Director of the United States Marshals \n Service National Museum located in Fort Smith, Arkansas, for \n the preservation, maintenance, and display of artifacts and \n documents of the United States Marshals Service.\n (2) Of amounts available for distribution after the payment \n under paragraph (1)--\n (A) $1,000,000 to the National Center for Missing \n and Exploited Children located in Washington, DC;\n (B) $1,000,000 to the National Law Enforcement \n Officers Memorial Fund located in Washington, DC, in \n support of the National Law Enforcement Museum and the \n National Law Enforcement Officers Memorial;\n (C) $1,000,000 to the Federal Law Enforcement \n Officers Association;\n (D) $500,000 to the William ``Bill'' Degan \n Scholarship Fund, which provides scholarships for \n spouses and children of law enforcement officers killed \n in the line of duty;\n (E) $500,000 to the Robert D. May Scholarship Fund, \n which provides scholarships for spouses and children of \n law enforcement officer killed in the line of duty;\n (F) $500,000 to the Community Oriented Policing \n Service; and\n (G) $500,000 to the United States Marshals Service \n Association, a charitable organization under section \n 501(c)(3) of the Internal Revenue Code of 1986, located \n in Miami, Florida.\n (c) Audits.--All organizations, associations, and funds under this \nAct shall be subject to the audit requirements of section 5134(f)(2) of \ntitle 31, United States Code, with regard to the amounts received under \nsubsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of enactment of this Act). \nThe Secretary may issue guidance to carry out this subsection.\n\nSEC. 8. BRONZE DUPLICATES.\n\n The Secretary may strike and sell bronze duplicates of the $5 gold \ncoins authorized under this Act, at a price that the Secretary \ndetermines to be appropriate.","summary":"United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the US Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin. And (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the US Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children. (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, (3) $1 million to the Federal Law Enforcement Officers Association, (4) $500,000 to the William Bill Degan Scholarship Fund, (5) $500,000 to the Robert D. May Scholarship Fund, (6) $500,000 to the Community Oriented Policing Service. And (7) $500,000 to the Retired United States Marshals Service Association. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.","title":"A bill to require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first law enforcement agency, the United States Marshals Service.","text_len":14597,"sum_len":1346} {"bill_id":"109_hr2624","text":"SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new headings:\n\n\n`` 9902.05.70 Front panels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with a viewable\n diagonal\n measurement of\n 80.01 cm, an\n outer panel\n radius of less\n than 500 cm, and\n an aspect ratio\n of 4:3 (provided\n for in subheading\n 7011.20.80)......\n 9902.05.71 Front panels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with a viewable\n diagonal\n measurement of\n 90.17 cm, an\n outer panel\n radius of less\n than 500 cm, and\n an aspect ratio\n of 4:3 (provided\n for in subheading\n 7011.20.80)......\n 9902.05.72 Front panels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with a viewable\n diagonal\n measurement of\n 76.00 cm, an\n outer panel\n radius of greater\n than 500 cm, and\n an aspect ratio\n of 16:9 (provided\n for in subheading\n 7011.20.80)......\n 9902.05.73 Front panels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with a viewable\n diagonal\n measurement of\n 85.50 cm, an\n outer panel\n radius of greater\n than 500 cm, and\n an aspect ratio\n of 16:9 (provided\n for in subheading\n 7011.20.80)......\n 9902.05.74 32V funnel for use Free No change No change On or before 12\/ ...\n with curved 31\/2009\n screen panels\n (provided for in\n subheading\n 7011.20.10)......\n 9902.05.75 32V funnel for use Free No change No change On or before 12\/ ...\n with Pure Flat 31\/2009\n (PF) panels\n (provided for in\n subheading\n 7011.20.10)......\n 9902.05.76 Funnels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with an outside\n diagonal\n measurement of\n 94.12 cm and an\n aspect ratio of\n 4:3. (provided\n for in subheading\n 7011.20.10)......\n 9902.05.77 Funnels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with an outside\n diagonal\n measurement of\n 80.87 cm and an\n aspect ratio of\n 16:9. (provided\n for in subheading\n 7011.20.10)......\n 9902.05.78 Funnels for Free No change No change On or before 12\/ ...\n cathode-ray 31\/2009\n television\n picture tubes\n with an outside\n diagonal\n measurement of\n 91.50 cm and an\n aspect ratio of\n 16:9. (provided\n for in subheading\n 7011.20.10)......\n 9902.05.79 Pre-assembled Free No change No change On or before 12\/ ...\n glass envelopes 31\/2009\n consisting of a\n panel with a\n viewable diagonal\n measurement of 21\n cm or less,\n funnel and neck\n for projection\n cathode-ray\n television\n picture tubes\n (provided for in\n subheading\n 7011.20.80)......\n 9902.05.80 Aperture masks Free No change No change On or before 12\/ ...\n made from 31\/2009\n aluminum-killed,\n open-coil\n annealed steel\n for color picture\n tubes (provided\n for in subheading\n 8540.91.50)......\n 9902.05.81 Three-beam Free No change No change On or before 12\/ ...\n electron guns for 31\/2009\n cathode ray tubes\n (provided for in\n subheading\n 8540.91.50)......\n 9902.05.82 One-beam electron Free No change No change On or before 12\/ ...\n guns for 31\/2009\n projection\n cathode-ray tubes\n (provided for in\n subheading\n 8540.91.50)......\n 9902.05.83 Aperture masks Free No change No change On or before 12\/ ''.\n made from an 31\/2009\n alloy of iron and\n nickel (FeNi 36)\n for color picture\n tubes. (provided\n for in subheading\n 8540.91.50)......\n\n (b) Effective Date.--The amendment made by subsection (a) applies \nto goods entered, or withdrawn from warehouse for consumption, on or \nafter the 15th day after the date of enactment of this Act.\n\nSEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new heading:\n\n\n`` 9902.05.94 Front panels for 3.0% No change No change On or before 12\/ ''.\n cathode-ray 31\/2009\n television\n picture tubes\n with a viewable\n diagonal\n measurement of\n 80.03 cm, an\n outer panel\n radius of greater\n than 500 cm, and\n an aspect ratio\n of 4:3 (provided\n for in subheading\n 7011.20.80.30)...\n\n (b) Effective Date.--The amendment made by subsection (a) applies \nto goods entered, or withdrawn from warehouse for consumption, on or \nafter the 15th day after the date of enactment of this Act.","summary":"Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes, (2) 32V funnels for use with curved screen panels, (3) 32V funnels for use with Pure Flat (PF) panels, (4) certain funnels for cathode-ray television picture tubes, (5) pre-assembled glass envelopes. (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes, (7) three-beam electron guns for cathode ray tubes, (8) one-beam electron guns for projection cathode-ray tubes. And (9) aperture masks. Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes.","title":"To suspend temporarily the duty on certain items and to reduce temporarily the duty on certain items.","text_len":9584,"sum_len":713} {"bill_id":"112_hr1502","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Team B Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) terrorism and domestic radicalization represent \n evolving, dynamic, multidimensional threats that necessitate a \n structured, iterative process to continuously revise plans, \n operations, concepts, organizations, and capabilities; and\n (2) past Federal experience in competitive analysis \n executed by experts drawn from outside the government has \n helped the intelligence community and policymakers better \n understand the nature of complex threats to the United States.\n\nSEC. 3. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL.\n\n (a) Establishment.--Title I of the National Security Act of 1947 \n(50 U.S.C. 401 et seq.) is amended by adding at the end the following:\n\n ``counterterrorism competitive analysis council\n\n ``Sec. 120. (a) Establishment.--There is established a council to \nbe known as the `Counterterrorism Competitive Analysis Council' (in \nthis section referred to as the `Council').\n ``(b) Duties.--The Council shall--\n ``(1) advise the Director of National Intelligence on \n matters of policy relating to the threats of international \n terrorism and domestic radicalization based on all-source \n information;\n ``(2) prepare a competitive analysis of each national \n intelligence estimate concerning al-Qaeda and other foreign \n terrorist organizations and submit such analysis to the \n Director of National Intelligence and the National Intelligence \n Council; and\n ``(3) annually submit to Congress a report in unclassified \n form, which may include a classified annex, on trends in \n counterterrorism and domestic radicalization, including a \n summary of any competitive analysis prepared pursuant to \n paragraph (2).\n ``(c) Members.--(1) The Council shall be composed of eight members \nappointed by the Director of National Intelligence, in consultation \nwith the Permanent Select Committee on Intelligence of the House of \nRepresentatives and the Select Committee on Intelligence of the Senate. \nMembers shall be selected on the basis of previous experience with \nmatters of policy relating to international terrorism and domestic \nradicalization.\n ``(2)(A) The Director of National Intelligence may not appoint an \nindividual to the Council if such individual has served as an officer \nor employee of the Federal Government within a five-year period of the \ndate of appointment.\n ``(B) The Director of National Intelligence may not appoint an \nindividual to the Council if--\n ``(i) such individual has served as an officer or employee \n of the Federal Government within a 15-year period of the date \n of appointment; and\n ``(ii) on the date of appointment, three of the members of \n the Council have served as officers or employees of the Federal \n Government within a 15-year period of the date of appointment.\n ``(3) The term of a member is five years, and a member may not \nserve more than two terms, except that a member appointed to fill a \nvacancy may serve two additional terms after the expiration of the term \nin which that vacancy occured.\n ``(4) Any member appointed to fill a vacancy occurring before the \nexpiration of a term shall be appointed for the remainder of that term.\n ``(5) Every two years, the Council shall select a chair and vice \nchair from among its members.\n ``(6) To the extent provided in advance in appropriation Acts, each \nmember shall be paid at a rate not to exceed the annual rate of basic \npay for level V of the Executive Schedule under section 5316 of title \n5, United States Code.\n ``(7) Any member of the Council may, if authorized by the Council, \ntake any action which the Council is authorized to take by this \nsection.\n ``(d) Staff of Council.--(1) To the extent provided in advance in \nappropriation Acts, the Council shall appoint and fix the compensation \nof a Director and such additional staff as may be necessary to enable \nthe Council to carry out its duties.\n ``(2) The Director and staff of the Council may be appointed \nwithout regard to the provisions of title 5, United States Code, \ngoverning appointments in the competitive service, and may be paid \nwithout regard to the provisions of chapter 51 and subchapter III of \nchapter 53 of that title relating to classification and General \nSchedule pay rates, except that the rate of pay fixed for the Director \nand staff may not exceed the annual rate of basic pay for level V of \nthe Executive Schedule under section 5316 of title 5, United States \nCode.\n ``(3) In accordance with rules adopted by the Council, and to the \nextent provided in advance in appropriation Acts, the Council may \nprocure the services of experts and consultants under section 3109(b) \nof title 5, United States Code, but at rates for individuals not to \nexceed the daily equivalent of the annual rate of basic pay for level V \nof the Executive Schedule under section 5316 of title 5, United States \nCode.\n ``(e) Access to Intelligence Information.--(1) The Director of \nNational Intelligence shall transmit to the Council each national \nintelligence estimate concerning al-Qaeda and other foreign terrorist \norganizations.\n ``(2) Upon request of the Council, the Director of National \nIntelligence shall make available to the Council any intelligence \ninformation in the possession of the intelligence community.\n ``(3) The Director of National Intelligence shall ensure that the \nappropriate executive departments and agencies cooperate with the \nCouncil in expeditiously providing to the members and staff appropriate \nsecurity clearances in a manner consistent with existing procedures and \nrequirements.\n ``(f) Applicability of Federal Advisory Committee Act.--Section \n14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), \nrelating to the termination of advisory committees, shall not apply to \nthe Council.\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2012 through 2017. No amount is authorized to carry out this \nsection for a fiscal year unless the appropriation for the Office of \nthe Director of National Intelligence for such fiscal year is reduced \nby an amount equal to the amount appropriated to carry out this section \nfor such fiscal year''.\n (b) Initial Report.--The initial report required to be submitted \nunder section 120(b)(2) of the National Security Act of 1947, as added \nby subsection (a), shall be filed not later than 1 year after the date \nof the enactment of this Act.\n (c) Clerical Amendment.--The table of contents of the National \nSecurity Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting \nafter the item relating to section 119B the following:\n\n``Sec. 120. Counterterrorism Competitive Analysis Council.''.","summary":"Team B Act - Amends the National Security Act of 1947 to establish the Counterterrorism Competitive Analysis Council to: (1) advise the Director of National Intelligence (DNI) on all policy matters relating to threats of international terrorism and domestic radicalization based on all-source information. (2) prepare a competitive analysis of each national intelligence estimate concerning al Qaeda and other foreign terrorist organizations, and submit each analysis to the DNI and the National Intelligence Council. And (3) report annually to Congress on trends in counterterrorism and domestic radicalization.","title":"To establish the Counterterrorism Competitive Analysis Council.","text_len":7134,"sum_len":612} {"bill_id":"106_hr5225","text":"SECTION 1. SHORT TITLE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Richmond National \nBattlefield Park Act of 2000''.\n (b) Definitions.--In this Act:\n (1) Battlefield park.--The term ``battlefield park'' means \n the Richmond National Battlefield Park.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) In the Act of March 2, 1936 (Chapter 113; 49 Stat. \n 1155; 16 U.S.C. 423j), Congress authorized the establishment of \n the Richmond National Battlefield Park, and the boundaries of \n the battlefield park were established to permit the inclusion \n of all military battlefield areas related to the battles fought \n during the Civil War in the vicinity of the city of Richmond, \n Virginia. The battlefield park originally included the area \n then known as the Richmond Battlefield State Park.-\n (2) The total acreage identified in 1936 for consideration \n for inclusion in the battlefield park consisted of \n approximately 225,000 acres in and around the city of Richmond. \n A study undertaken by the congressionally authorized Civil War \n Sites Advisory Committee determined that of these 225,000 \n acres, the historically significant areas relating to the \n campaigns against and in defense of Richmond encompass \n approximately 38,000 acres.\n (3) In a 1996 general management plan, the National Park \n Service identified approximately 7,121 acres in and around the \n city of Richmond that satisfy the National Park Service \n criteria of significance, integrity, feasibility, and \n suitability for inclusion in the battlefield park. The National \n Park Service later identified an additional 186 acres for \n inclusion in the battlefield park.\n (4) There is a national interest in protecting and \n preserving sites of historical significance associated with the \n Civil War and the city of Richmond.\n (5) The Commonwealth of Virginia and its local units of \n government have authority to prevent or minimize adverse uses \n of these historic resources and can play a significant role in \n the protection of the historic resources related to the \n campaigns against and in defense of Richmond.\n (6) The preservation of the New Market Heights Battlefield \n in the vicinity of the city of Richmond is an important aspect \n of American history that can be interpreted to the public. The \n Battle of New Market Heights represents a premier landmark in \n black military history as 14 black Union soldiers were awarded \n the Medal of Honor in recognition of their valor during the \n battle. According to National Park Service historians, the \n sacrifices of the United States Colored Troops in this battle \n helped to ensure the passage of the Thirteenth Amendment to the \n United States Constitution to abolish slavery.\n (b) Purpose.--It is the purpose of this Act--\n (1) to revise the boundaries for the Richmond National \n Battlefield Park based on the findings of the Civil War Sites \n Advisory Committee and the National Park Service; and\n (2) to direct the Secretary of the Interior to work in \n cooperation with the Commonwealth of Virginia, the city of \n Richmond, other political subdivisions of the Commonwealth, \n other public entities, and the private sector in the \n management, protection, and interpretation of the resources \n associated with the Civil War and the Civil War battles in and \n around the city of Richmond, Virginia.\n\nSEC. 3. RICHMOND NATIONAL BATTLEFIELD PARK; BOUNDARIES.\n\n (a) Establishment and Purpose.--For the purpose of protecting, \nmanaging, and interpreting the resources associated with the Civil War \nbattles in and around the city of Richmond, Virginia, there is \nestablished the Richmond National Battlefield Park consisting of \napproximately 7,307 acres of land, as generally depicted on the map \nentitled ``Richmond National Battlefield Park Boundary Revision'', \nnumbered 367N.E.F.A.80026A, and dated September 2000. The map shall be \non file in the appropriate offices of the National Park Service.\n (b) Boundary Adjustments.--The Secretary may make minor adjustments \nin the boundaries of the battlefield park consistent with section 7(c) \nof the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-\n9(c)).\n\nSEC. 4. LAND ACQUISITION.\n\n (a) Acquisition Authority.--\n (1) In general.--The Secretary may acquire lands, waters, \n and interests in lands within the boundaries of the battlefield \n park from willing landowners by donation, purchase with donated \n or appropriated funds, or exchange. In acquiring lands and \n interests in lands under this Act, the Secretary shall acquire \n the minimum interest necessary to achieve the purposes for \n which the battlefield is established.\n (2) Special rule for private lands.--Privately owned lands \n or interests in lands may be acquired under this Act only with \n the consent of the owner.\n (b) Easements.--\n (1) Outside boundaries.--The Secretary may acquire an \n easement on property outside the boundaries of the battlefield \n park and around the city of Richmond, with the consent of the \n owner, if the Secretary determines that the easement is \n necessary to protect core Civil War resources as identified by \n the Civil War Sites Advisory Committee. Upon acquisition of the \n easement, the Secretary shall revise the boundaries of the \n battlefield park to include the property subject to the \n easement.\n (2) Inside boundaries.--To the extent practicable, and if \n preferred by a willing landowner, the Secretary shall use \n permanent conservation easements to acquire interests in land \n in lieu of acquiring land in fee simple and thereby removing \n land from non-Federal ownership.\n (c) Visitor Center.--The Secretary may acquire the Tredegar Iron \nWorks buildings and associated land in the city of Richmond for use as \na visitor center for the battlefield park.\n\nSEC. 5. PARK ADMINISTRATION.\n\n (a) Applicable Laws.--The Secretary, acting through the Director of \nthe National Park Service, shall administer the battlefield park in \naccordance with this Act and laws generally applicable to units of the \nNational Park System, including the Act of August 25, 1916 (16 U.S.C. 1 \net. seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et. seq.).\n (b) New Market Heights Battlefield.--The Secretary shall provide \nfor the establishment of a monument or memorial suitable to honor the \n14 Medal of Honor recipients from the United States Colored Troops who \nfought in the Battle of New Market Heights. The Secretary shall include \nthe Battle of New Market Heights and the role of black Union soldiers \nin the battle in historical interpretations provided to the public at \nthe battlefield park.\n (c) Cooperative Agreements.--The Secretary may enter into \ncooperative agreements with the Commonwealth of Virginia, its political \nsubdivisions (including the city of Richmond), private property owners, \nand other members of the private sector to develop mechanisms to \nprotect and interpret the historical resources within the battlefield \npark in a manner that would allow for continued private ownership and \nuse where compatible with the purposes for which the battlefield is \nestablished.\n (d) Technical Assistance.--The Secretary may provide technical \nassistance to the Commonwealth of Virginia, its political subdivisions, \nnonprofit entities, and private property owners for the development of \ncomprehensive plans, land use guidelines, special studies, and other \nactivities that are consistent with the identification, protection, \ninterpretation, and commemoration of historically significant Civil War \nresources located inside and outside of the boundaries of the \nbattlefield park. The technical assistance does not authorize the \nSecretary to own or manage any of the resources outside the battlefield \npark boundaries.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\nSEC. 7. REPEAL OF SUPERSEDED LAW.\n\n The Act of March 2, 1936 (Chapter 113; 16 U.S.C. 423j-423l) is \nrepealed.\n\n Passed the House of Representatives October 17, 2000.\n\n Attest:\n\n Clerk.","summary":"Directs the Secretary to: (1) provide for the establishment of a monument or memorial to honor the 14 Medal of Honor recipients from the United States Colored Troops who fought in the Battle of New Market Heights. And (2) include the role of black Union soldiers in historical interpretations provided at the Park.","title":"Richmond National Battlefield Park Act of 2000","text_len":8933,"sum_len":314} {"bill_id":"113_s1081","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Whistleblower Protection \nEnhancement Act of 2013''.\n\nSEC. 2. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING PROTECTED \n COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND \n PROHIBITED RETALIATORY ACTIONS.\n\n (a) Expansion of Prohibited Retaliatory Personnel Actions.--\nSubsection (b) of section 1034 of title 10, United States Code, is \namended--\n (1) in paragraph (1)--\n (A) in subparagraph (A), by striking ``or'' at the \n end;\n (B) in subparagraph (B)--\n (i) in clause (i), by inserting ``or a \n representative of a Member of Congress'' after \n ``a Member of Congress'';\n (ii) in clause (iv), by striking ``or'' at \n the end;\n (iii) by redesignating clause (v) as clause \n (vi);\n (iv) by inserting after clause (v) the \n following new clause (v):\n ``(v) a court, grand jury, or court-martial \n proceeding, or an authorized official of the Department \n of Justice or another law enforcement agency; or''; and\n (v) in clause (vi), as redesignated by \n clause (iii) of this subparagraph, by striking \n the period at the end and inserting ``; or''; \n and\n (C) by adding at the end the following new \n subparagraph:\n ``(C) testimony, or otherwise participating in or assisting \n in an investigation or proceeding related to a communication \n under subparagraph (A) or (B), or filing, causing to be filed, \n participating in, or otherwise assisting in an action brought \n under this section.''; and\n (2) in paragraph (2), by inserting after ``any favorable \n action'' the following: ``, or a significant change in a \n member's duties, responsibilities, or working conditions''.\n (b) Inspector General Investigations of Allegations.--Subsection \n(c) of such section is amended--\n (1) in paragraph (1), by striking ``paragraph (3)'' and \n inserting ``paragraph (4)'';\n (2) in paragraph (2), by striking subparagraph (A) and \n inserting the following new subparagraph (A):\n ``(A) Any violation of any law, rule, or regulation, \n including a law or regulation prohibiting rape, sexual assault, \n or other sexual misconduct in sections 920 through 920c of this \n title (articles 120 through 120c of the Uniform Code of \n Military Justice), sexual harassment or unlawful \n discrimination.'';\n (3) by redesignating paragraphs (3), (4), and (5) as \n paragraphs (4), (5), and (6), respectively;\n (4) by inserting after paragraph (2) the following new \n paragraph (3):\n ``(3) A communication described in paragraph (2) shall not be \nexcluded from the protections provided in this section because--\n ``(A) the communication was made to a person who \n participated in an activity that the member reasonably believed \n to be covered by paragraph (2);\n ``(B) the communication revealed information that had \n previously been communicated;\n ``(C) of the member's motive for making the communication;\n ``(D) the communication was not made in writing;\n ``(E) the communication was made while the member was off \n duty;\n ``(F) the communication was made during the normal course \n of duties of the member.'';\n (5) in subparagraph (D) of paragraph (4), as redesignated \n by paragraph (3) of this subsection, by inserting before the \n period at the end of the second sentence the following: ``, \n with the consent of the member''; and\n (6) in paragraph (5), as so redesignated--\n (A) by striking ``paragraph (3)(A)'' and inserting \n ``paragraph (4)(A)'';\n (B) by striking ``paragraph (3)(D)'' and inserting \n ``paragraph (4)(D)''; and\n (C) by striking ``60 days'' and inserting ``one \n year''.\n (c) Inspector General Investigations of Underlying Allegations.--\nSubsection (d) of such section is amended by striking ``subparagraph \n(A) or (B) of subsection (c)(2)'' and inserting ``subparagraph (A), \n(B), or (C) of subsection (c)(2)''.\n (d) Reports on Investigations.--Subsection (e) of such section is \namended--\n (1) in paragraph (1)--\n (A) by striking ``subsection (c)(3)(E)'' both \n places it appears and inserting ``subsection \n (c)(4)(E)'';\n (B) by striking ``the Secretary of Defense'' and \n inserting ``the Secretary of the military department \n concerned''; and\n (C) by striking ``to the Secretary,'' and inserting \n ``to such Secretary,'';\n (2) in paragraph (3), by striking ``the Secretary of \n Defense'' and inserting ``the Secretary of the military \n department concerned''; and\n (3) in paragraph (4), by striking the second sentence and \n inserting the following new sentence: ``The report shall \n include an explicit determination as to whether a personnel \n action prohibited by subsection (b) has occurred and a \n recommendation as to the disposition of the complaint, \n including appropriate corrective action for the member.''.\n (e) Action in Case of Violations.--Such section is further \namended--\n (1) by redesignating subsections (f), (g), (h), and (i) as \n subsections (g), (h), (j), and (k), respectively; and\n (2) by inserting after subsection (e) the following new \n subsection (f):\n ``(f) Action in Case of Violations.--(1) If an Inspector General \nreports under subsection (e) that a personnel action prohibited by \nsubsection (b) has occurred, not later than 30 days after receiving \nsuch report from the Inspector General, the Secretary of Homeland \nSecurity or the Secretary of the military department concerned, as \napplicable, shall order such action as is necessary to correct the \nrecord of a personnel action prohibited by subsection (b), taking into \naccount the recommendations in the report by the Inspector General. \nSuch Secretary shall take any appropriate disciplinary action against \nthe individual who committed such prohibited personnel action.\n ``(2) If the Secretary of Homeland Security or the Secretary of the \nmilitary department concerned, as applicable, determines that an order \nfor corrective or disciplinary action is not appropriate, not later \nthan 30 days after making the determination, such Secretary shall--\n ``(A) provide to the Secretary of Defense, the Committees \n on Armed Services of the Senate and the House of \n Representatives, and the member or former member, a notice of \n the determination and the reasons for not taking action; or\n ``(B) refer the report to the appropriate board for the \n correction of military records for further review under \n subsection (g).''.\n (f) Correction of Records.--Subsection (g) of such section, as \nredesignated by subsection (e)(1) of this section, is further amended--\n (1) in paragraph (1), by striking ``may review'' and \n inserting ``shall review'';\n (2) in paragraph (2)(C), by striking ``may'' and inserting \n ``upon the request of the member or former member, after an \n initial determination that a complaint is not frivolous and has \n not previously been addressed by the board, shall''; and\n (3) in paragraph (3)--\n (A) in the matter preceding subparagraph (A), by \n striking ``board elects to hold'' and inserting ``board \n holds''; and\n (B) in subparagraph (A)--\n (i) by striking ``may be provided'' and \n inserting ``shall be provided''; and\n (ii) in clause (ii), by striking ``the case \n is unusually complex or otherwise requires'' \n and inserting ``the member or former member \n would benefit from''.\n (g) Review.--Subsection (h) of such section, as redesignated by \nsubsection (e)(1) of this section, is further amended by striking \n``subsection (f)'' and inserting ``subsection (g)''.\n (h) Burdens of Proof.--Such section is further amended by inserting \nafter subsection (h), as so redesignated, the following new subsection \n(i):\n ``(i) Burdens of Proof.--The burdens of proof specified in section \n1221(e) of title 5 shall apply in any investigation conducted by an \nInspector General, and any review conducted by the Secretary of \nDefense, the Secretary of Homeland Security, and any board for the \ncorrection of military records, under this section.''.\n (i) Effective Date.--The amendments made by this section shall take \neffect on the date that is 30 days after the date of the enactment of \nthis Act, and shall apply with respect to allegations pending or \nsubmitted under section 1034 of title 10, United States Code, on or \nafter that date.","summary":"Military Whistleblower Protection Enhancement Act of 2013 - Revises provisions concerning protected communications from members of the Armed Forces (members) to specified military and government officials to include communications made to a court, grand jury, or court-martial proceeding or to an authorized official of the Department of Justice (DOJ) or another law enforcement agency. Includes as additional protected communications any alleged violation of law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year after the member first becomes aware of the personnel action. Requires reports by inspectors general of the military departments concerned on prohibited retaliatory personnel actions to: (1) be submitted to such department's Secretary. And (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action for the member. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (DHS) and the Secretary concerned, upon determining that an order for corrective or disciplinary action is not appropriate, to notify the Secretary of Defense, the congressional defense committees, and the member of such determination and the reasons for not taking action. Requires the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made. Establishes the member's and agency's burden of proof with respect to military whistleblower protection investigations and determinations.","title":"Military Whistleblower Protection Enhancement Act of 2013","text_len":9666,"sum_len":2014} {"bill_id":"110_hr5952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Police and Fire Station \nModernization Act of 2008''.\n\nSEC. 2. POLICE AND FIRE DEPARTMENT BONDS.\n\n (a) In General.--Part IV of subchapter A of chapter 1 of the \nInternal Revenue Code of 1986 (relating to credits against tax) is \namended by adding at the end the following new subpart:\n\n ``Subpart I--Qualified Tax Credit Bonds\n\n``Sec. 54A. Credit to holders of qualified tax credit bonds.\n``Sec. 54B. Police and fire department bonds.\n\n``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS.\n\n ``(a) Allowance of Credit.--If a taxpayer holds a qualified tax \ncredit bond on one or more credit allowance dates of the bond during \nany taxable year, there shall be allowed as a credit against the tax \nimposed by this chapter for the taxable year an amount equal to the sum \nof the credits determined under subsection (b) with respect to such \ndates.\n ``(b) Amount of Credit.--\n ``(1) In general.--The amount of the credit determined \n under this subsection with respect to any credit allowance date \n for a qualified tax credit bond is 25 percent of the annual \n credit determined with respect to such bond.\n ``(2) Annual credit.--The annual credit determined with \n respect to any qualified tax credit bond is the product of--\n ``(A) the applicable credit rate, multiplied by\n ``(B) the outstanding face amount of the bond.\n ``(3) Applicable credit rate.--For purposes of paragraph \n (2), the applicable credit rate is the rate which the Secretary \n estimates will permit the issuance of qualified tax credit \n bonds with a specified maturity or redemption date without \n discount and without interest cost to the qualified issuer. The \n applicable credit rate with respect to any qualified tax credit \n bond shall be determined as of the first day on which there is \n a binding, written contract for the sale or exchange of the \n bond.\n ``(4) Special rule for issuance and redemption.--In the \n case of a bond which is issued during the 3-month period ending \n on a credit allowance date, the amount of the credit determined \n under this subsection with respect to such credit allowance \n date shall be a ratable portion of the credit otherwise \n determined based on the portion of the 3-month period during \n which the bond is outstanding. A similar rule shall apply when \n the bond is redeemed or matures.\n ``(c) Limitation Based on Amount of Tax.--\n ``(1) In general.--The credit allowed under subsection (a) \n for any taxable year shall not exceed the excess of--\n ``(A) the sum of the regular tax liability (as \n defined in section 26(b)) plus the tax imposed by \n section 55, over\n ``(B) the sum of the credits allowable under this \n part (other than subpart C and this subpart).\n ``(2) Carryover of unused credit.--If the credit allowable \n under subsection (a) exceeds the limitation imposed by \n paragraph (1) for such taxable year, such excess shall be \n carried to the succeeding taxable year and added to the credit \n allowable under subsection (a) for such taxable year \n (determined before the application of paragraph (1) for such \n succeeding taxable year).\n ``(d) Qualified Tax Credit Bond.--For purposes of this section--\n ``(1) Qualified tax credit bond.--The term `qualified tax \n credit bond' means a police and fire department bond which is \n part of an issue that meets the requirements of paragraphs (2), \n (3), (4), and (5).\n ``(2) Special rules relating to expenditures.--\n ``(A) In general.--An issue shall be treated as \n meeting the requirements of this paragraph if, as of \n the date of issuance, the issuer reasonably expects--\n ``(i) 100 percent or more of the available \n project proceeds to be spent for 1 or more \n qualified purposes within the 3-year period \n beginning on such date of issuance, and\n ``(ii) a binding commitment with a third \n party to spend at least 10 percent of such \n available project proceeds will be incurred \n within the 6-month period beginning on such \n date of issuance.\n ``(B) Failure to spend required amount of bond \n proceeds within 3 years.--\n ``(i) In general.--To the extent that less \n than 100 percent of the available project \n proceeds of the issue are expended by the close \n of the expenditure period for 1 or more \n qualified purposes, the issuer shall redeem all \n of the nonqualified bonds within 90 days after \n the end of such period. For purposes of this \n paragraph, the amount of the nonqualified bonds \n required to be redeemed shall be determined in \n the same manner as under section 142.\n ``(ii) Expenditure period.--For purposes of \n this subpart, the term `expenditure period' \n means, with respect to any issue, the 3-year \n period beginning on the date of issuance. Such \n term shall include any extension of such period \n under clause (iii).\n ``(iii) Extension of period.--Upon \n submission of a request prior to the expiration \n of the expenditure period (determined without \n regard to any extension under this clause), the \n Secretary may extend such period if the issuer \n establishes that the failure to expend the \n proceeds within the original expenditure period \n is due to reasonable cause and the expenditures \n for qualified purposes will continue to proceed \n with due diligence.\n ``(C) Qualified purpose.--For purposes of this \n paragraph, the term `qualified purpose' means a purpose \n specified in section 54B(a)(1).\n ``(D) Reimbursement.--For purposes of this \n subtitle, available project proceeds of an issue shall \n be treated as spent for a qualified purpose if such \n proceeds are used to reimburse the issuer for amounts \n paid for a qualified purpose after the date that the \n Secretary makes an allocation of bond limitation with \n respect to such issue, but only if--\n ``(i) prior to the payment of the original \n expenditure, the issuer declared its intent to \n reimburse such expenditure with the proceeds of \n a qualified tax credit bond,\n ``(ii) not later than 60 days after payment \n of the original expenditure, the issuer adopts \n an official intent to reimburse the original \n expenditure with such proceeds, and\n ``(iii) the reimbursement is made not later \n than 18 months after the date the original \n expenditure is paid.\n ``(3) Reporting.--An issue shall be treated as meeting the \n requirements of this paragraph if the issuer of qualified tax \n credit bonds submits reports similar to the reports required \n under section 149(e).\n ``(4) Special rules relating to arbitrage.--\n ``(A) In general.--An issue shall be treated as \n meeting the requirements of this paragraph if the \n issuer satisfies the requirements of section 148 with \n respect to the proceeds of the issue.\n ``(B) Special rule for investments during \n expenditure period.--An issue shall not be treated as \n failing to meet the requirements of subparagraph (A) by \n reason of any investment of available project proceeds \n during the expenditure period.\n ``(C) Special rule for reserve funds.--An issue \n shall not be treated as failing to meet the \n requirements of subparagraph (A) by reason of any fund \n which is expected to be used to repay such issue if--\n ``(i) such fund is funded at a rate not \n more rapid than equal annual installments,\n ``(ii) such fund is funded in a manner \n reasonably expected to result in an amount not \n greater than an amount necessary to repay the \n issue, and\n ``(iii) the yield on such fund is not \n greater than the discount rate determined under \n paragraph (5)(B) with respect to the issue.\n ``(5) Maturity limitation.--\n ``(A) In general.--An issue shall not be treated as \n meeting the requirements of this paragraph if the \n maturity of any bond which is part of such issue \n exceeds the maximum term determined by the Secretary \n under subparagraph (B).\n ``(B) Maximum term.--During each calendar month, \n the Secretary shall determine the maximum term \n permitted under this paragraph for bonds issued during \n the following calendar month. Such maximum term shall \n be the term which the Secretary estimates will result \n in the present value of the obligation to repay the \n principal on the bond being equal to 50 percent of the \n face amount of such bond. Such present value shall be \n determined using as a discount rate the average annual \n interest rate of tax-exempt obligations having a term \n of 10 years or more which are issued during the month. \n If the term as so determined is not a multiple of a \n whole year, such term shall be rounded to the next \n highest whole year.\n ``(e) Other Definitions.--For purposes of this subchapter--\n ``(1) Credit allowance date.--The term `credit allowance \n date' means--\n ``(A) March 15,\n ``(B) June 15,\n ``(C) September 15, and\n ``(D) December 15.\n Such term includes the last day on which the bond is \n outstanding.\n ``(2) Bond.--The term `bond' includes any obligation.\n ``(3) State.--The term `State' includes the District of \n Columbia and any possession of the United States.\n ``(4) Available project proceeds.--The term `available \n project proceeds' means--\n ``(A) the excess of--\n ``(i) the proceeds from the sale of an \n issue, over\n ``(ii) the issuance costs financed by the \n issue (to the extent that such costs do not \n exceed 2 percent of such proceeds), and\n ``(B) the proceeds from any investment of the \n excess described in subparagraph (A).\n ``(f) Credit Treated as Interest.--For purposes of this subtitle, \nthe credit determined under subsection (a) shall be treated as interest \nwhich is includible in gross income.\n ``(g) S Corporations and Partnerships.--In the case of a tax credit \nbond held by an S corporation or partnership, the allocation of the \ncredit allowed by this section to the shareholders of such corporation \nor partners of such partnership shall be treated as a distribution.\n ``(h) Bonds Held by Regulated Investment Companies and Real Estate \nInvestment Trusts.--If any qualified tax credit bond is held by a \nregulated investment company or a real estate investment trust, the \ncredit determined under subsection (a) shall be allowed to shareholders \nof such company or beneficiaries of such trust (and any gross income \nincluded under subsection (f) with respect to such credit shall be \ntreated as distributed to such shareholders or beneficiaries) under \nprocedures prescribed by the Secretary.\n ``(i) Credits May Be Stripped.--Under regulations prescribed by the \nSecretary--\n ``(1) In general.--There may be a separation (including at \n issuance) of the ownership of a qualified tax credit bond and \n the entitlement to the credit under this section with respect \n to such bond. In case of any such separation, the credit under \n this section shall be allowed to the person who on the credit \n allowance date holds the instrument evidencing the entitlement \n to the credit and not to the holder of the bond.\n ``(2) Certain rules to apply.--In the case of a separation \n described in paragraph (1), the rules of section 1286 shall \n apply to the qualified tax credit bond as if it were a stripped \n bond and to the credit under this section as if it were a \n stripped coupon.\n ``(j) Termination.--This section shall not apply to bonds issued \nafter December 31, 2014.\n\n``SEC. 54B. POLICE AND FIRE DEPARTMENT BONDS.\n\n ``(a) In General.--For purposes of this subpart, the term `police \nand fire department bond' means any bond issued as part of an issue \nif--\n ``(1) 100 percent of the available project proceeds of such \n issue are to be used for capital expenditures incurred by a \n State or local government for one or more police or fire \n departments of the State or local government (as the case may \n be),\n ``(2) the bond is issued by a State or local government, \n and\n ``(3) the issuer designates such bond for purposes of this \n section.\n ``(b) Limitation on Amount of Bonds Designated.--The maximum \naggregate face amount of bonds which may be designated under subsection \n(a) by any issuer shall not exceed the limitation amount allocated to \nsuch issuer under subsection (d).\n ``(c) National Limitation on Amount of Bonds Designated.--There is \na national police and fire department bond limitation of \n$3,000,000,000.\n ``(d) Allocations.--\n ``(1) In general.--The limitation applicable under \n subsection (c) shall be allocated by the Secretary among the \n States in proportion to the population of the States.\n ``(2) Allocations to largest local governments.--\n ``(A) In general.--In the case of any State in \n which there is a large local government, each such \n local government shall be allocated a portion of such \n State's allocation which bears the same ratio to the \n State's allocation (determined without regard to this \n subparagraph) as the population of such large local \n government bears to the population of such State.\n ``(B) Allocation of unused limitation to state.--\n The amount allocated under this subsection to a large \n local government may be reallocated by such local \n government to the State in which such local government \n is located.\n ``(C) Large local government.--For purposes of this \n section, the term `large local government' means any \n municipality or county if such municipality or county \n has a population of 500,000 or more.\n ``(e) Population.--\n ``(1) In general.--The population of any State or local \n government shall be determined for purposes of this section as \n provided in section 146(j) for the calendar year which includes \n the date of the enactment of this section.\n ``(2) Special rule for counties.--In determining the \n population of any county for purposes of this section, any \n population of such county which is taken into account in \n determining the population of any municipality which is a large \n local government shall not be taken into account in determining \n the population of such county.''.\n (b) Reporting.--Subsection (d) of section 6049 of such Code \n(relating to returns regarding payments of interest) is amended by \nadding at the end the following new paragraph:\n ``(9) Reporting of credit on qualified tax credit bonds.--\n ``(A) In general.--For purposes of subsection (a), \n the term `interest' includes amounts includible in \n gross income under section 54A and such amounts shall \n be treated as paid on the credit allowance date (as \n defined in section 54A(e)(1)).\n ``(B) Reporting to corporations, etc.--Except as \n otherwise provided in regulations, in the case of any \n interest described in subparagraph (A) of this \n paragraph, subsection (b)(4) of this section shall be \n applied without regard to subparagraphs (A), (H), (I), \n (J), (K), and (L)(i).\n ``(C) Regulatory authority.--The Secretary may \n prescribe such regulations as are necessary or \n appropriate to carry out the purposes of this \n paragraph, including regulations which require more \n frequent or more detailed reporting.''.\n (c) Conforming Amendments.--\n (1) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are \n each amended by striking ``subpart C'' and inserting ``subparts \n C and I''.\n (2) Section 1397E(c)(2) of such Code is amended by striking \n ``subpart H'' and inserting ``subparts H and I''.\n (3) Section 6401(b)(1) of such Code is amended by striking \n ``and H'' and inserting ``H, and I''.\n (4) The table of subparts for part IV of subchapter A of \n chapter 1 of such Code is amended by inserting after the item \n relating to subpart H the following new item:\n\n ``subpart i. qualified tax credit bonds.''.\n\n (d) Effective Date.--The amendments made by this section shall \napply to obligations issued after December 31, 2008.\n\nSEC. 3. APPLICATION OF CERTAIN LABOR STANDARDS ON PROJECTS FINANCED \n UNDER TAX CREDIT BONDS.\n\n Subchapter IV of chapter 31 of title 40, United States Code, shall \napply to projects financed with the proceeds of any tax credit bond (as \ndefined in section 54A of the Internal Revenue Code of 1986).","summary":"Police and Fire Station Modernization Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for investment in bonds to finance capital expenditures for state and local police or fire departments. Terminates such credit after 2014.","title":"To amend the Internal Revenue Code of 1986 to authorize tax credit bonds for capital improvements for police and fire departments.","text_len":19651,"sum_len":245} {"bill_id":"111_s531","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy and Water Integration Act of \n2009''.\n\nSEC. 2. ENERGY WATER NEXUS STUDY.\n\n (a) In General.--Not later than 90 days after the date of enactment \nof this Act, the Secretary of Energy (referred to in this Act as the \n``Secretary''), in consultation with the Secretary of the Interior and \nthe Administrator of the Environmental Protection Agency, shall enter \ninto an arrangement with the National Academy of Sciences under which \nthe Academy shall conduct an in-depth analysis of the impact of energy \ndevelopment and production on the water resources of the United States.\n (b) Scope of Study.--\n (1) In general.--The study described in subsection (a) \n shall be comprised of each assessment described in paragraphs \n (2) through (4).\n (2) Transportation sector assessment.--\n (A) In general.--The study shall include a \n lifecycle assessment of the quantity of water withdrawn \n and consumed in the production of transportation fuels, \n or electricity, to evaluate the ratio that--\n (i) the quantity of water withdrawn and \n consumed in the production of transportation \n fuels (measured in gallons), or electricity \n (measured in kilowatts); bears to\n (ii) the total distance (measured in miles) \n that may be traveled as a result of the \n consumption of transportation fuels, or \n electricity.\n (B) Scope of assessment.--\n (i) In general.--The assessment shall \n include, as applicable--\n (I) the exploration for, and \n extraction or growing of, energy \n feedstock;\n (II) the processing of energy \n feedstock into transportation fuel;\n (III) the generation, \n transportation, and storage of \n electricity for transportation; and\n (IV) the conduct of an analysis of \n the efficiency with which the \n transportation fuel is consumed.\n (ii) Fuels.--The assessment shall contain \n an analysis of transportation fuel sources, \n including--\n (I) domestically produced crude oil \n (including products derived from \n domestically produced crude oil);\n (II) imported crude oil (including \n products derived from imported crude \n oil);\n (III) domestically produced natural \n gas (including liquid fuels derived \n from natural gas);\n (IV) imported natural gas \n (including liquid fuels derived from \n natural gas);\n (V) oil shale;\n (VI) tar sands;\n (VII) domestically produced corn-\n based ethanol;\n (VIII) imported corn-based ethanol;\n (IX) advanced biofuels (including \n cellulosic- and algae-based biofuels);\n (X) coal to liquids (including \n aviation fuel, diesel, and gasoline \n products);\n (XI) electricity consumed in--\n (aa) fully electric drive \n vehicles; and\n (bb) plug-in hybrid \n vehicles;\n (XII) hydrogen; and\n (XIII) any reasonably foreseeable \n combination of any transportation fuel \n source described in subclauses (I) \n through (XII).\n (3) Electricity sector assessment.--\n (A) In general.--The study shall include a \n lifecycle assessment of the quantity of water withdrawn \n and consumed in the production of electricity to \n evaluate the ratio that--\n (i) the quantity of water used and consumed \n in the production of electricity (measured in \n gallons); bears to\n (ii) the quantity of electricity that is \n produced (measured in kilowatt-hours).\n (B) Scope of assessment.--The assessment shall \n include, as applicable--\n (i) the exploration for, or extraction or \n growing of, energy feedstock;\n (ii) the processing of energy feedstock for \n electricity production; and\n (iii) the production of electricity.\n (C) Generation types.--The assessment shall contain \n an evaluation and analysis of electricity generation \n facilities that are constructed in accordance with \n different plant designs (including different cooling \n technologies such as water, air, and hybrid systems, \n and technologies designed to minimize carbon dioxide \n releases) based on the fuel used by the facility, \n including--\n (i) coal;\n (ii) natural gas;\n (iii) oil;\n (iv) nuclear energy;\n (v) solar energy;\n (vi) wind energy;\n (vii) geothermal energy;\n (viii) biomass;\n (ix) the beneficial use of waste heat; and\n (x) any reasonably foreseeable combination \n of any fuel described in clauses (i) through \n (ix).\n (4) Assessment of additional impacts.--In addition to the \n impacts associated with the direct use and consumption of water \n resources in the transportation and electricity sectors \n described in paragraphs (2) and (3), the study shall contain an \n identification and analysis of any unique water impact \n associated with a specific fuel source, including an impact \n resulting from--\n (A) any extraction or mining practice;\n (B) the transportation of feedstocks from the point \n of extraction to the point of processing;\n (C) the transportation of fuel and power from the \n point of processing to the point of consumption; and\n (D) the location of a specific fuel source that is \n limited to 1 or more specific geographical regions.\n (c) Report to Secretary.--Not later than 18 months after the date \nof enactment of this Act, the National Academy of Sciences shall submit \nto the Secretary a report that contains a summary of the results of the \nstudy conducted under this section.\n (d) Availability of Results of Study.--On the date on which the \nNational Academy of Sciences completes the study under this section, \nthe National Academy of Sciences shall make available to the public the \nresults of the study.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as are necessary to carry out \nthis section.\n\nSEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY.\n\n (a) In General.--To protect water supplies and promote the \nefficient use of water in the electricity production sector, the \nSecretary, in consultation with the Secretary of the Interior and the \nAdministrator of the Environmental Protection Agency, shall conduct a \nstudy to identify the best available technologies and related \nstrategies to maximize water and energy efficiency in the production of \nelectricity by each type of generation.\n (b) Generation Types.--The study shall include an evaluation of \ndifferent types of generation facilities, including--\n (1) coal facilities, under which the evaluation shall \n account for--\n (A) different types of coal and associated \n generating technologies; and\n (B) the use of technologies designed to minimize \n and sequester carbon dioxide releases;\n (2) oil and natural gas facilities, under which the \n evaluation shall account for the use of technologies designed \n to minimize and sequester carbon dioxide releases;\n (3) hydropower, including turbine upgrades, incremental \n hydropower, in-stream hydropower, and pump-storage projects;\n (4) thermal solar facilities; and\n (5) nuclear facilities.\n (c) Report to Congress.--Not later than 18 months after the date of \nenactment of this Act, the Secretary shall submit to the appropriate \ncommittees of Congress a report that contains a description of the \nresults of the study conducted under this section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as are necessary to carry out \nthis section, to remain available until expended.\n\nSEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY.\n\n (a) Definitions.--In this section:\n (1) Major reclamation project.--The term ``major \n Reclamation project'' means a multipurpose project authorized \n by the Federal Government and carried out by the Bureau of \n Reclamation.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Commissioner of \n Reclamation.\n (b) Study.--\n (1) In general.--In accordance with paragraph (2), to \n promote the efficient use of energy in water distribution \n systems, the Secretary shall conduct a study to evaluate the \n quantities of energy used in water storage and delivery \n operations in major Reclamation projects.\n (2) Elements.--In conducting the study, the Secretary \n shall--\n (A) with respect to each major Reclamation \n project--\n (i) assess and estimate the annual energy \n consumption associated with the major \n Reclamation project; and\n (ii) identify--\n (I) each major Reclamation project \n that consumes the greatest quantity of \n energy; and\n (II) the aspect of the operation of \n each major Reclamation project \n described in subclause (I) that is the \n most energy intensive (including water \n storage and releases, water delivery, \n and administrative operations); and\n (B) identify opportunities to significantly reduce \n current energy consumption and costs with respect to \n each major Reclamation project described in \n subparagraph (A), including, as applicable, through--\n (i) reduced groundwater pumping;\n (ii) improved reservoir operations;\n (iii) infrastructure rehabilitation;\n (iv) water reuse; and\n (v) the integration of renewable energy \n generation with project operations.\n (c) Report to Congress.--Not later than 18 months after the date of \nenactment of this Act, the Secretary shall submit to the appropriate \ncommittees of Congress a report that contains a description of the \nresults of the study conducted under this section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as are necessary to carry out \nthis section, to remain available until expended.\n\nSEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY.\n\n (a) Definitions.--In this section:\n (1) Facility.--The term ``facility'' means the Brackish \n Groundwater National Desalination Research Facility, located in \n Otero County, New Mexico.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (b) Duty of Secretary.--The Secretary shall operate, manage, and \nmaintain the facility to carry out research, development, and \ndemonstration activities to develop technologies and methods that \npromote brackish groundwater desalination as a viable method to \nincrease water supply in a cost-effective manner.\n (c) Objectives; Activities.--\n (1) Objectives.--The Secretary shall operate and manage the \n facility as a state-of-the-art desalination research center--\n (A) to develop new water and energy technologies \n with widespread applicability; and\n (B) to create new supplies of usable water for \n municipal, agricultural, industrial, or environmental \n purposes.\n (2) Activities.--In operating, managing, and maintaining \n the facility under subsection (b), the Secretary shall carry \n out--\n (A) as a priority, the development of renewable \n energy technologies for integration with desalination \n technologies--\n (i) to reduce the capital and operational \n costs of desalination;\n (ii) to minimize the environmental impacts \n of desalination; and\n (iii) to increase public acceptance of \n desalination as a viable water supply process;\n (B) research regarding various desalination \n processes, including improvements in reverse and \n forward osmosis technologies;\n (C) the development of innovative methods and \n technologies to reduce the volume and cost of \n desalination concentrated wastes in an environmentally \n sound manner;\n (D) an outreach program to create partnerships with \n States, academic institutions, private entities, and \n other appropriate organizations to conduct research, \n development, and demonstration activities, including \n the establishment of rental and other charges to \n provide revenue to help offset the costs of operating \n and maintaining the facility; and\n (E) an outreach program to educate the public on--\n (i) desalination and renewable energy \n technologies; and\n (ii) the benefits of using water in an \n efficient manner.\n (d) Authority of Secretary.--The Secretary may enter into contracts \nor other agreements with, or make grants to, appropriate entities to \ncarry out this section, including an agreement with an academic \ninstitution to manage research activities at the facility.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section, to \nremain available until expended.\n\nSEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION.\n\n Section 205 of the Department of Energy Organization Act (42 U.S.C. \n7135) is amended by adding at the end the following:\n ``(n) Water-Related Energy Consumption.--\n ``(1) In general.--Not less than once during each 3-year \n period, to aid in the understanding and reduction of the \n quantity of energy consumed in association with the use of \n water, the Administrator shall conduct an assessment under \n which the Administrator shall collect information on energy \n consumption in various sectors of the economy that are \n associated with the acquisition, treatment, or delivery of \n water.\n ``(2) Required sectors.--An assessment described in \n paragraph (1) shall contain an analysis of water-related energy \n consumption for all relevant sectors of the economy, including \n water used for--\n ``(A) agricultural purposes;\n ``(B) municipal purposes;\n ``(C) industrial purposes; and\n ``(D) domestic purposes.\n ``(3) Effect.--Nothing in this subsection affects the \n authority of the Administrator to collect data under section 52 \n of the Federal Energy Administration Act of 1974 (15 U.S.C. \n 790a).''.\n\nSEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP.\n\n (a) In General.--Not later than 90 days after the date of enactment \nof this Act, the Secretary shall develop a document to be known as the \n``Energy-Water Research and Development Roadmap'' to define the future \nresearch, development, demonstration, and commercialization efforts \nthat are required to address emerging water-related challenges to \nfuture, cost-effective, reliable, and sustainable energy generation and \nproduction.\n (b) Report.--Not later than 120 days after the date of enactment of \nthis Act, the Secretary shall submit to the appropriate committees of \nCongress a report describing the document described in subsection (a), \nincluding recommendations for any future action with respect to the \ndocument.","summary":"Energy and Water Integration Act of 2009 - Directs the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on US water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation . Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects. And (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap.","title":"A bill to provide for the conduct of an in-depth analysis of the impact of energy development and production on the water resources of the United States, and for other purposes.","text_len":18766,"sum_len":1555} {"bill_id":"105_hr4583","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Health Equity Act of \n1998''.\n\nSEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR \n ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL \n CHILDREN UNDER THE MEDICAID PROGRAM.\n\n (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. \n1396d) is amended--\n (1) in subsection (b), by striking ``or subsection (u)(3)'' \n and inserting ``, subsection (u)(3), or subsection (u)(4)(A)''; \n and\n (2) in subsection (u) (as added by section 4911(a)(2) of \n the Balanced Budget Act of 1997 and as amended by section 162 \n of Public Law 105-100)--\n (A) by redesignating paragraph (4) as paragraph \n (5); and\n (B) by inserting after paragraph (3) the following \n new paragraph:\n ``(4)(A) For purposes of subsection (b), the expenditures described \nin this subparagraph are expenditures for medical assistance for \nwaivered low-income children described in subparagraph (B) but--\n ``(i) only in the case of children residing in a State \n described in subparagraph (C); and\n ``(ii) only to the extent the number of full-year \n equivalent waivered low-income children enrolled under the \n State plan under this title for the fiscal year exceeds the \n number of waivered low-income children described in \n subparagraph (D)(i) for the State for the fiscal year.\n ``(B) For purposes of this paragraph, the term `waivered low-income \nchild' means a child whose family income exceeds the minimum income \nlevel required to be established for the age of such child under \nsection 1902(l)(2) in order for the child to be eligible for medical \nassistance under this title, but does not exceed the medicaid \napplicable income level (as defined in section 2110(b)(4) but \ndetermined as if `June 1, 1997' were substituted for `March 31, 1997') \nfor that child.\n ``(C) A State described in this subparagraph is a State that--\n ``(i) has under a waiver authorized by the Secretary or \n under section 1902(r)(2) established a medicaid applicable \n income level (as defined in section 2110(b)(4) but determined \n as if `June 1, 1997' were substituted for `March 31, 1997') for \n children under 19 years of age residing in the State that is at \n or above 200 percent of the poverty line; and\n ``(ii) demonstrates to the satisfaction of the Secretary a \n commitment to reach and enroll children who are eligible for, \n but not enrolled under, the State plan through means, such as \n the following:\n ``(I) Eliminating the assets test for eligibility \n of waivered low-income children.\n ``(II) Using shortened and simplified applications \n for such children.\n ``(III) Allowing applications for such children to \n be submitted by mail or through telephone.\n ``(IV) Outstationing State eligibility workers at \n sites that are frequented by families with children, \n including schools, child care centers, churches, \n centers providing Head Start services, local offices of \n the special supplemental food program for women, \n infants and young children (WIC) established under \n section 17 of the Child Nutrition Act of 1966, \n community centers, Job Corps centers established under \n part B of title IV of the Job Training Partnership Act \n or subtitle C of title I of the Workforce Investment \n Act of 1998, sites offering the recognized equivalent \n of a secondary school degree, offices of tribal \n organizations (as defined in section 4(l) of the Indian \n Self-Determination and Education Assistance Act), and \n Social Security Administration field offices.\n ``(V) Using presumptive eligibility for waivered \n low-income children.\n ``(VI) Collaborating with public and private \n entities to conduct outreach campaigns to enroll such \n children.\n ``(D)(i) For purposes of subparagraph (A)(ii), the number of \nwaivered low-income children for a State described in this clause for--\n ``(I) fiscal year 1998, is equal to the number of full-year \n equivalent waivered low-income children enrolled under the \n State plan under this title for fiscal year 1997; and\n ``(II) fiscal year 1999 or a succeeding fiscal year, is \n equal to the number of waivered low-income children determined \n under this clause for the preceding fiscal year increased by \n the number of percentage points determined under clause (ii) \n for the State for the fiscal year involved.\n ``(ii) The number of percentage points determined under this clause \nfor a State for a fiscal year is equal to the number of percentage \npoints by which--\n ``(I) the arithmetic average of the total number of \n children in the State set forth in the 3 most recent March \n supplements to the Current Population Survey of the Bureau of \n the Census before the beginning of the fiscal year; exceeds\n ``(II) the arithmetic average of such total number set \n forth in the second, third, and fourth most recent March \n supplements to such Survey before the beginning of the fiscal \n year.\n ``(E) For purposes of section 2104(d) (regarding the reduction of \nan allotment under title XXI) the amount determined under paragraph (2) \nof that section shall, with respect to expenditures described in \nsubparagraph (A), only take into account the amount by which--\n ``(i) the payments made to a State for such expenditures \n for a fiscal year on the basis of an enhanced FMAP under the \n fourth sentence of subsection (b); exceed\n ``(ii) the amount of payments that would have been made for \n the expenditures if the enhanced FMAP did not apply.\n ``(F) Each State shall submit to the Secretary such information, at \nsuch time and in such manner, as the Secretary determines is necessary \nto ensure that the requirements of this paragraph are satisfied. The \nSecretary shall ensure that information is provided under this \nsubsection in a manner that is consistent with other reporting \nrequirements for information required to be submitted by a State under \nthis title and title XXI, and avoids duplication of reporting \nrequirements.\n ``(G) The Secretary shall regularly examine the payments made to a \nState for the expenditures described in subparagraph (A) to confirm \nthat the payments are attributable to expenditures described in such \nsubparagraph.''.\n (b) Conforming Amendments.--\n (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security \n Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking \n ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''.\n (2) Section 2104(d)(2) of the Social Security Act (42 \n U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to \n section 1905(u)(4)(E),'' after ``(2)''.\n (c) Effective Date.--The amendments made by this section shall be \neffective as if included in the enactment of section 4911 of the \nBalanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570).\n\nSEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER \n THE MEDICAID PROGRAM.\n\n (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security \nAct (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended--\n (1) by striking ``or (II)'' and inserting ``, (II)''; and\n (2) by inserting before the semicolon ``, eligibility for \n assistance under the State plan under part A of title IV, \n eligibility of a child to receive medical assistance under the \n State plan under this title or title XXI, (III) is a staff \n member of an elementary school or secondary school, as such \n terms are defined in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801), a child care \n resource and referral center, or an agency administering a \n State plan under part D of title IV, or (IV) is so designated \n by the State''.\n (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C. \n1396r-1a) is amended--\n (1) in subsection (b)(3)(A)(ii), by striking ``paragraph \n (1)(A)'' and inserting ``paragraph (2)(A)''; and\n (2) in subsection (c)(2), in the matter preceding \n subparagraph (A), by striking ``subsection (b)(1)(A)'' and \n inserting ``subsection (b)(2)(A)''.","summary":"Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line. And (2) demonstrate a commitment to reach and enroll such children. Defines waivered low-income children as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child. But (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.","title":"Children's Health Equity Act of 1998","text_len":9018,"sum_len":975} {"bill_id":"105_s56","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dairy Promotion Equity Act''.\n\nSEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.\n\n (a) Declaration of Policy.--The first sentence of section 110(b) of \nthe Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is \namended--\n (1) by inserting after ``commercial use'' the following: \n ``and on imported dairy products''; and\n (2) by striking ``products produced in'' and inserting \n ``products produced in or imported into''.\n (b) Definitions.--Section 111 of the Dairy Production Stabilization \nAct of 1983 (7 U.S.C. 4502) is amended--\n (1) in subsection (k), by striking ``and'' at the end;\n (2) in subsection (l), by striking the period at the end \n and inserting a semicolon; and\n (3) by adding at the end the following:\n ``(m) the term `imported dairy product' means any dairy \n product that is imported into the United States, including--\n ``(1) milk and cream and fresh and dried dairy \n products;\n ``(2) butter and butterfat mixtures;\n ``(3) cheese;\n ``(4) casein and mixtures; and\n ``(5) other dairy products; and\n ``(n) the term `importer' means a person that imports an \n imported dairy product into the United States.''.\n (c) Funding.--\n (1) Representation on board.--Section 113(b) of the Dairy \n Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is \n amended--\n (A) by designating the first through ninth \n sentences as paragraphs (1) through (5) and paragraphs \n (7) through (10), respectively;\n (B) in paragraph (1) (as so designated), by \n striking ``thirty-six'' and inserting ``38'';\n (C) in paragraph (2) (as so designated), by \n striking ``Members'' and inserting ``Of the members of \n the Board, 36 members''; and\n (D) by inserting after paragraph (5) (as so \n designated) the following:\n ``(6) Importers.--\n ``(A) In general.--Of the members of the Board, 2 \n members shall be representatives of importers of \n imported dairy products.\n ``(B) Appointment.--The importer representatives \n shall be appointed by the Secretary from nominations \n submitted by importers under such procedures as the \n Secretary determines to be appropriate.''.\n (2) Assessment.--Section 113(g) of the Dairy Production \n Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--\n (A) by designating the first through fifth \n sentences as paragraphs (1) through (5), respectively; \n and\n (B) by adding at the end the following:\n ``(6) Importers.--\n ``(A) In general.--The order shall provide that \n each importer of imported dairy products shall pay an \n assessment to the Board in the manner prescribed by the \n order.\n ``(B) Rate.--The rate of assessment on imported \n dairy products shall be determined in the same manner \n as the rate of assessment per hundredweight or the \n equivalent of milk.\n ``(C) Value of products.--For the purpose of \n determining the assessment on imports under \n subparagraph (B), the value to be placed on imported \n dairy products shall be established by the Secretary in \n a fair and equitable manner.''.\n (3) Records.--The first sentence of section 113(k) of the \n Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) \n is amended by striking ``person receiving'' and inserting \n ``importer of imported dairy products, each person receiving''.\n (4) Referendum.--Section 116 of the Dairy Production \n Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding \n at the end the following:\n ``(d) Referendum on Dairy Promotion Equity Act.--\n ``(1) In general.--On the request of a representative group \n comprising 10 percent or more of the number of producers \n subject to the order, the Secretary shall--\n ``(A) conduct a referendum to determine whether the \n producers favor suspension of the application of the \n amendments made by section 2 of the Dairy Promotion \n Equity Act; and\n ``(B) suspend the application of the amendments \n until the results of the referendum are known.\n ``(2) Continuation of suspension.--The Secretary shall \n continue the suspension of the application of the amendments \n referred to in paragraph (1)(A) only if the Secretary \n determines that suspension of the application of the amendments \n is favored by a majority of the producers voting in the \n referendum who, during a representative period (as determined \n by the Secretary), have been engaged in the production of milk \n for commercial use.''.","summary":"Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program, (2) increase National Dairy Board membership by including importers. And (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act.","title":"Dairy Promotion Equity Act","text_len":5455,"sum_len":343} {"bill_id":"104_hr4161","text":"SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Role Models \nAcademy Demonstration Act''.\n (b) Purpose.--The purpose of this Act is to establish a Role Models \nAcademy that--\n (1) serves as a model, residential, military style magnet \n school for at-risk youth from around the Nation who cease to \n attend secondary school before graduation from secondary \n school; and\n (2) will foster a student's growth and development by \n providing a residential, controlled environment conducive for \n developing leadership skills, self-discipline, citizenship, and \n academic and vocational excellence in a structured living and \n learning environment.\n (c) Definitions.--For the purpose of this Act--\n (1) the term ``Academy'' means the academy established \n under section 3;\n (2) the term ``former member of the Armed Forces'' means \n any individual who was discharged or released from service in \n the Armed Forces under honorable conditions;\n (3) the term ``local educational agency'' has the meaning \n given that term in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801);\n (4) the term ``secondary school'' has the meaning given \n that term in section 14101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 8801); and\n (5) the term ``Secretary'' means the Secretary of \n Education.\n\nSEC. 2. OBJECTIVES.\n\n The objectives of this Act are as follows:\n (1) To provide a comprehensive, coherent, integrated, high \n quality, cost-effective, residential, education and vocational \n training academy for the Nation's at-risk youth, designed to \n meet the entrance demands of colleges and universities and the \n needs of employers.\n (2) To establish a comprehensive, national partnership \n investment model among the Federal Government, States, \n corporate America, and colleges and universities.\n (3) To provide for community partnerships among local \n community leaders, businesses, and churches to provide \n mentoring to Academy students.\n (4) To provide for a community partnership between the \n Academy and the local school system under which model Academy \n students will serve as mentors to at-risk youth who are \n attending school to provide such in-school at-risk youth with \n valuable instruction and insights regarding--\n (A) the prevention of drug use and crime;\n (B) self-restraint; and\n (C) conflict resolution skills.\n (5) To provide Academy students with--\n (A) the tools to become productive citizens;\n (B) learning skills;\n (C) traditional, moral, ethical, and family values;\n (D) work ethics;\n (E) motivation;\n (F) self-confidence; and\n (G) pride.\n (6) To provide employment opportunities at the Academy for \n former members of the Armed Forces and participants in the \n program assisted under section 1151 of title 10, United States \n Code (Troops to Teachers Program).\n (7) To make the Academy available, upon demonstration of \n success, for expansion or duplication throughout every State, \n through block grant funding or other means.\n\nSEC. 3. ACADEMY ESTABLISHED.\n\n The Secretary shall carry out a demonstration program under which \nthe Secretary establishes a four-year, residential, military style \nacademy--\n (1) that shall offer at-risk youth secondary school \n coursework and vocational training, and that may offer \n precollegiate coursework;\n (2) that focuses on the education and vocational training \n of youth at risk of delinquency or dropping out of secondary \n school;\n (3) whose teachers are primarily composed of former members \n of the Armed Forces or participants in the program assisted \n under section 1151 of title 10, United States Code (Troops to \n Teachers Program), if such former members or participants are \n qualified and trained to teach at the Academy;\n (4) that operates a mentoring program that--\n (A) utilizes mentors from all sectors of society to \n serve as role models for Academy students;\n (B) provides, to the greatest extent possible, one-\n to-one mentoring relationships between mentors and \n Academy students; and\n (C) involves mentors providing academic tutoring, \n advice, career counseling, and role models;\n (5) that may contain a Junior Reserve Officers' Training \n Corps unit established in accordance with section 2031 of title \n 10, United States Code;\n (6) that is housed on the site of any military installation \n closed pursuant to a base closure law; and\n (7) if the Secretary determines that the Academy is \n effective, that serves as a model for similar military style \n academies throughout the United States.","summary":"Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy is established which: (1) offers at-risk youth secondary school coursework and vocational training. (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school. (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy. (4) operates a mentoring program involving role models from all sectors of society, (5) may contain a Junior Reserve Officers' Training Corps unit. (6) is housed on the site of any military installation closed pursuant to a base closure law. And (7) if effective, serves as a model for similar military-style academies throughout the United States.","title":"Role Models Academy Demonstration Act","text_len":5446,"sum_len":935} {"bill_id":"112_hr5978","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equal Employment Opportunity \nRestoration Act of 2012''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Congress has enacted laws to eradicate workplace \n discrimination and to secure equal employment opportunities for \n all Americans, as noted in Teamsters v. United States, 431 U.S. \n 324 (1977) and McDonnell Douglas Corp. v. Green, 411 U.S. 792 \n (1973) (stating that civil rights laws are meant ``to assure \n equality of employment opportunities and to eliminate . . . \n discriminatory practices and devices'' in the workplace).\n (2) Workplace discrimination laws prohibit subjective \n employment practices that operate to deny equal employment \n opportunities to employees, as explained in Watson v. Fort \n Worth Bank & Trust, 487 U.S. 977 (1988), which stated that \n personnel decisions ``based on the exercise of personal \n judgment or the application of inherently subjective criteria'' \n are unlawful when the personnel decisions have the effect of \n discriminating on grounds prohibited by law.\n (3) Class actions often have been the most effective means \n to enforce employment discrimination laws, as explained in East \n Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395 \n (1977) (``[S]uits alleging . . . discrimination are often by \n their very nature class suits, involving classwide wrongs'' \n where ``[c]ommon questions of law or fact are typically \n present.'') and in Eisen v. Carlisle & Jacquelin, 417 U.S. 156 \n (1974) (``Economic reality dictates that [claims of relatively \n small value] proceed as a class action or not at all.'').\n (4) Historically, a class action alleging employment \n discrimination could be maintained if the class was united by a \n common issue of law or fact. As a leading legal treatise, \n William B. Rubenstein, 1 Newberg on Class Actions Sec. 3:20 \n (5th ed. 2011), explained, ``this requirement [was] easily met \n in most cases''. As another leading treatise, Charles A. Wright \n et al., 7A Federal Practice and Procedure, Wright and Miller \n Sec. 1763 (3rd ed. 2005), explained, this requirement had been \n given ``permissive application''.\n (5) However, the Supreme Court recently made it more \n difficult for victims of discrimination to vindicate claims for \n their rights. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. \n 2541 (2011), the Court required ``convincing proof of a \n companywide discriminatory pay and promotion policy'' as a \n prerequisite to class certification. In a dissent in that case, \n Justice Ginsberg wrote that the Court's decision ``disqualifies \n the class at the starting gate''.\n (b) Purpose.--The purpose of this Act is to restore employees' \nability to challenge, as a group, discriminatory employment practices, \nincluding subjective employment practices.\n\nSEC. 3. GROUP ACTIONS.\n\n (a) In General.--Part VI of title 28, United States Code, is \namended by adding at the end the following:\n\n ``CHAPTER 182--GROUP ACTIONS\n\n``Sec.\n``4201. Group actions in certain employment discrimination cases.\n``Sec. 4201. Group actions in certain employment discrimination cases\n ``(a) Group Actions.--In seeking relief under title VII of the \nCivil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the \nAmericans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), \ntitle V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), \nsection 1977 of the Revised Statutes (42 U.S.C. 1981), or title II of \nthe Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff \net seq.) (individually referred to in this section as a `covered \nemployment statute'), 1 or more members (collectively referred to in \nthis section as the `representative party') of a group may sue on \nbehalf of all members of the group if the representative party shows, \nby a reasonable inference, that--\n ``(1) the members of the group are so numerous that their \n joinder is impracticable;\n ``(2) the claims of the representative party are typical of \n the claims of the group the representative party seeks to \n represent and the representative party and the representative \n party's counsel will fairly and adequately protect the \n interests of the group; and\n ``(3) the members of the group are, or have been, subject \n to an employment practice that has adversely affected or is \n adversely affecting a significant portion of the group's \n members.\n ``(b) Subjective Employment Practices.--\n ``(1) Definition.--In this subsection, the term `subjective \n employment practice' means--\n ``(A) an employer's policy of leaving personnel \n decisions to the unguided discretion of supervisors, \n managers, and other employees with authority to make \n such personnel decisions; or\n ``(B) an employment practice that combines a \n subjective employment practice, as defined in \n subparagraph (A), with other types of personnel \n decisions.\n ``(2) Challenges.--A representative party may challenge a \n subjective employment practice covered by a covered employment \n statute in a group action filed under this section to the same \n extent as the party may challenge any other employment practice \n covered by the covered employment statute in such an action.\n ``(3) Exercise of discretion in different ways.--The fact \n that individual supervisors, managers, or other employees with \n authority to make personnel decisions may exercise discretion \n in different ways in applying a subjective employment practice \n under the covered employment statute shall not preclude a \n representative party from filing a corresponding group action \n under this section.\n ``(4) Consideration of written nondiscrimination policy.--\n In determining whether to certify a group action challenging an \n employment practice, the court may consider as evidence, in \n opposition to certification, an employer's written \n nondiscrimination policy only to the extent that the employer \n demonstrates that the policy has been consistently and \n effectively used to prevent and, where necessary, promptly \n correct discrimination against the group.\n ``(c) Relationship to Rule 23 of the Federal Rules of Civil \nProcedure.--\n ``(1) Election of procedure.--The representative party may \n elect to proceed in a group action under this section or in a \n class action under rule 23 of the Federal Rules of Civil \n Procedure. This election shall occur not later than the latest \n date on which the representative party may petition for class \n certification under rule 23 of the Federal Rules of Civil \n Procedure.\n ``(2) Rule 23 requirements.--To the extent consistent with \n this section, the court shall apply the provisions of rule \n 23(c) through rule 23(h) of the Federal Rules of Civil \n Procedure, including the requirements under rule 23 regarding \n notice and requests for exclusion, to claims brought pursuant \n to this section.\n ``(3) Interlocutory appellate review.--Decisions granting \n or denying certification of claims as group actions under this \n section are subject to review to the same extent as orders \n granting or denying class certification pursuant to rule 23 of \n the Federal Rules of Civil Procedure.\n ``(4) Class action fairness act.--Group actions certified \n under this section shall be subject to section 1332(d), section \n 1453, and chapter 114 to the same extent as class actions \n certified pursuant to rule 23 of the Federal Rules of Civil \n Procedure.\n ``(5) Rule of construction.--Nothing in this section shall \n be construed to create any inference regarding the standards \n for determining whether claims may be adjudicated together \n under any law other than the covered employment statutes.\n ``(d) Remedies.--\n ``(1) Availability of remedies.--If an employer has been \n found liable under a covered employment statute against a group \n certified under this section, the court may deny a remedy \n available under the covered employment statute to a member of \n the group only if the employer demonstrates, by a preponderance \n of the evidence, that the member of the group would not have \n received the corresponding employment opportunity or benefit \n even in the absence of a violation of the covered employment \n statute.\n ``(2) Relief.--\n ``(A) In general.--The court shall fashion the most \n complete relief possible for members of a prevailing \n group described in this section and shall have broad \n discretion in determining how to fashion that relief.\n ``(B) Exercise of discretion.--In exercising its \n discretion under this paragraph, the court shall--\n ``(i) use such procedures as the interests \n of justice warrant, which procedures may \n include economic or statistical modeling, \n mathematical calculation, sampling, individual \n adjudication, and other means the court may \n adopt;\n ``(ii) consider which procedure will best \n ensure that members of the group will be made \n whole;\n ``(iii) consider which procedure will best \n minimize the cost to and burden on the parties; \n and\n ``(iv) consider which procedure most \n reliably and efficiently accounts for \n limitations on the court's ability to identify \n individual members of the group and to measure \n the harm incurred by individual members of the \n group.''.\n (b) Technical and Conforming Amendment.--The table of chapters for \npart VI of title 28, United States Code, is amended by adding at the \nend the following:\n\n``182. Group actions........................................ 4201''.","summary":"Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable. (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group. And (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action. Defines a subjective employment practice as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions. Or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions. Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action. Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.","title":"To restore the effective use of group actions for claims arising under title VII of the Civil Rights Act of 1964, title I of the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, and the Genetic Information Nondiscrimination Act of 2008, and for other purposes.","text_len":10997,"sum_len":2136} {"bill_id":"114_hr3473","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Farm Vehicle Flexibility \nAct''.\n\nSEC. 2. GRANTS TO STATES.\n\n Chapter 311 of title 49, United States Code, is amended--\n (1) in section 31101--\n (A) by redesignating paragraphs (2), (3), and (4) \n as paragraphs (3), (4), and (5), respectively; and\n (B) by inserting after paragraph (1) the following:\n ``(2) `covered farm vehicle' means a motor vehicle \n (including an articulated motor vehicle)--\n ``(A) that--\n ``(i) is registered or otherwise designated \n by the State for use in, or transportation \n activities related to, the operation of farms;\n ``(ii) is equipped with a special \n registration plate or other State-issued \n designation to allow for identification of the \n vehicle as a farm vehicle by law enforcement \n personnel;\n ``(iii) is traveling in the State of \n registration or designation or in another \n State;\n ``(iv) is operated by--\n ``(I) a farm owner or operator;\n ``(II) a ranch owner or operator; \n or\n ``(III) an employee or family \n member of an individual specified in \n subclause (I) or (II);\n ``(v) is transporting to or from a farm or \n ranch--\n ``(I) agricultural commodities;\n ``(II) livestock;\n ``(III) agricultural supplies; or\n ``(IV) machinery, including \n machinery being transported for the \n purpose of performance of agricultural \n production activity or for the purpose \n of servicing or repairing the item \n being transported;\n ``(vi) is not used in the operations of a \n for-hire motor carrier;\n ``(vii) has a gross vehicle weight rating \n or gross vehicle weight, whichever is greater, \n that is--\n ``(I) 26,001 pounds or less; or\n ``(II) greater than 26,001 pounds \n and is traveling within the State of \n registration or designation or within \n 150 air miles of the farm or ranch with \n respect to which the vehicle is being \n operated; and\n ``(viii) is not transporting materials that \n require a placard; or\n ``(B) that--\n ``(i) meets the requirements under \n subparagraph (A) (other than clause (vi) of \n such subparagraph);\n ``(ii) is operated pursuant to a crop share \n farm lease agreement;\n ``(iii) is owned by a tenant with respect \n to that agreement; and\n ``(iv) is transporting the landlord's \n portion of the crops under that agreement.''; \n and\n (2) in section 31102--\n (A) in subsection (b)(2)(E), by striking the period \n at the end and inserting a semicolon;\n (B) by redesignating subsection (e) as subsection \n (f); and\n (C) by inserting after subsection (d) the \n following:\n ``(e) Limitation of Authority; State Standards for Covered Farm \nVehicles and Drivers.--The Secretary may not terminate, reduce, limit, \nor otherwise interfere with the amount or timing of grants that a State \nis otherwise eligible to receive under this title or title 23 as a \nresult of any minimum standard or exemption provided by the State for a \ncovered farm vehicle or the driver of such vehicle that is less \nstringent than the requirements for commercial motor vehicles and \ndrivers established under title 49, Code of Federal Regulations, \nincluding requirements pertaining to--\n ``(1) controlled substances and alcohol use and testing;\n ``(2) commercial driver's licensing;\n ``(3) driver qualifications;\n ``(4) medical certifications;\n ``(5) driving and operating commercial vehicles;\n ``(6) parts and accessories for the safe operation of \n commercial vehicles;\n ``(7) the maximum hours of service of drivers;\n ``(8) vehicle inspection repair and maintenance;\n ``(9) employee safety and health standards; and\n ``(10) recordkeeping related to compliance with such \n standards.''.","summary":"Local Farm Vehicle Flexibility Act This bill prohibits the Department of Transportation from terminating, reducing, limitoing, or otherwise interfering with the amount or timing of grants a state is otherwise eligible to receive as a result of any minimum standard or exemption the state gives a covered farm vehicle or the driver of such vehicle less stringent than federal requirements for commercial motor vehicles and drivers. A covered farm vehicle means any motor vehicle meeting certain gross weight requirements and: registered or otherwise designated by a state for use in, or transportation activities related to, the operation of farms. Operated by a farm or ranch owner or operator, or an employee or family member. Transporting to or from a farm or ranch agricultural commodities, livestock, agricultural supplies, or machinery. And not used in the operations of a for-hire motor carrier, nor transporting materials requiring a placard. A covered farm vehicle may also be one meeting these requirements but operated pursuant to a crop share farm lease agreement, owned by a tenant under that agreement, and transporting the landlord's portion of the crops.","title":"Local Farm Vehicle Flexibility Act","text_len":5438,"sum_len":1169} {"bill_id":"105_s691","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Land Management Participation \nAct of 1997''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to ensure that the public and the \nCongress have both the right and a reasonable opportunity to \nparticipate in decisions that affect the use and management of all \npublic lands owned or controlled by the Government of the United \nStates.\n\nSEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION \n OF NATIONAL MONUMENTS.\n\n The Antiquities Act (16 U.S.C. 431a) is amended by adding the \nfollowing new section:\n``Sec. 431b. Public and congressional roles in national monument \n declarations\n ``(a) The Secretaries of the Interior and Agriculture shall provide \nan opportunity for public involvement and by regulation shall establish \nprocedures, including public hearings where appropriate, to give \nFederal, State, and local governments and the public, adequate notice \nand opportunity to comment upon and participate in the formulation of \nplans relating to the declaration of national monuments upon the lands \nowned or controlled by the Government of the United States pursuant to \nthe authority of the Antiquities Act (16 U.S.C. 431).\n ``(b) In addition, the Secretary of the Interior and Agriculture \nshall, prior to any recommendations for declaration of an area--\n ``(1) ensure compliance with all applicable federal land \n management and environmental statutes, including the National \n Environmental Policy Act (40 U.S.C. 4321-4370d);\n ``(2) cause mineral surveys to be conducted by the \n Geological Survey to determine the mineral values, if any, that \n may be present in such areas;\n ``(3) identify all existing rights held on federal lands \n contained within such areas by type and acreage; and\n ``(4) identify all State lands contained within such areas.\n ``(c) After such reviews and mineral surveys, the Secretary of the \nInterior or Agriculture shall report to the President his \nrecommendations as to what lands owned or controlled by the Government \nof the United States warrant declaration as a national monument.\n ``(d) The President shall advise the President of the Senate and \nthe Speaker of the House of Representatives of his recommendations with \nrespect to declaration as national monuments of each such area, \ntogether with a map thereof and a definition of its boundaries. Such \nadvice by the President shall be given within two years of the receipt \nof each report from the Secretary. After the effective date of the \nPublic Land Management Participation Act, a recommendation of the \nPresident for declaration of a national monument shall become effective \nonly if so provided by an Act of Congress.''.\n\nSEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD \n HERITAGE SITE LISTING.\n\n Section 401 of the National Historic Preservation Act Amendments of \n1980 (16 U.S.C. 470a-1) is amended--\n (1) in subsection (a) in the first sentence, by--\n (A) inserting ``(in this section referred to as the \n Convention)'' after ``1973''; and\n (B) inserting ``and subject to subsections (b), \n (c), (d), (e), and (f)'' before the period at the end;\n (2) in subsection (b) in the first sentence, by inserting \n ``, subject to subsection (d),'' after ``shall''; and\n (3) adding at the end the following new subsections:\n ``(d) If the area proposed for designation is not wholly contained \nwithin an existing unit of the National Park System, the Secretary of \nthe Interior and Agriculture:\n ``(1) Shall provide an opportunity for public involvement \n and by regulation shall establish procedures, including public \n hearings where appropriate, to give Federal, State, and local \n governments and the public, adequate notice and opportunity to \n comment upon and participate in the formulation of plans \n relating to the designation of any lands owned by the United \n States for inclusion on the World Heritage List pursuant to the \n Convention.\n ``(2) After such review, the Secretary of the Interior or \n Agriculture shall report to the President his recommendations \n as to what lands owned by the United States warrant inclusion \n on the World Heritage List pursuant to the Convention.\n ``(3) The President shall advise the President of the \n Senate and the Speaker of the House of Representatives of his \n recommendations with respect to the designation of any lands \n owned by the United States for inclusion on the World Heritage \n List pursuant to the Convention. Such advice by the President \n shall be given within two years of the receipt of each report \n from the Secretary. After the effective date of Public Land \n Participation Management Act, a recommendation of the \n Presisident for designation of any lands owned by the United \n States for inclusion on the World Heritage List shall become \n effective only if so provided by an Act of Congress.\n ``(e) The Secretary of the Interior or Agriculture shall object to \nthe inclusion of any property in the United States on the list of World \nHeritage in Danger established under Article 11.4 of the Convention \nunless--\n ``(1) the Secretary has submitted to the Speaker of the \n House and the President of the Senate a report describing the \n necessity for including that property on the list; and\n ``(2) the Secretary is specifically authorized to assent to \n the inclusion of the property on the list, by a joint \n resolution of the Congress enacted after the date that report \n is submitted.\n ``(f) The Secretary of the Interior and Agriculture shall submit an \nannual report on each World Heritage Site within the United States to \nthe chairman and ranking minority member of the Committee on Resources \nof the House of Representatives and the Committee on Energy and Natural \nResources of the Senate, that contains the following information for \neach site:\n ``(1) An accounting of all money expended to manage the \n site.\n ``(2) A summary of Federal full-time-equivalent hours \n related to management of the site.\n ``(3) A list and explanation of all nongovernmental \n organizations contributing to the management of the site.\n ``(4) A summary and account of the disposition of \n complaints received by the Secretary related to management of \n the site.''.\n\nSEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE \n DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES.\n\n Title IV of the National Historic Preservation Act Amendments of \n1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the \nfollowing new section:\n ``Sec. 403. (a) No Federal official may nominate any lands in the \nUnited States for designation as a Biosphere Reserve under the Man and \nBiosphere Program of the United Nations Educational, Scientific, and \nCultural Organization.\n ``(b) Any designation of an area in the United States as a \nBiosphere Reserve under the Man and Biosphere Program of the United \nNations Educational, Scientific, and Cultural Organization shall not \nhave, and shall not be given, any force or effect, unless the Biosphere \nReserve is specifically authorized by an Act of Congress.\n ``(c) The Secretary of the Interior and Agriculture shall provide \nan opportunity for public involvement and by regulation shall establish \nprocedures, including public hearings where appropriate, to give \nFederal, State, and local governments and the public, adequate notice \nand opportunity to comment upon and participate in the formulation of \nplans relating to the designation of any lands owned by the United \nStates as a Biosphere Reserve under the Man and Biosphere Program of \nthe United Nations Educational, Scientific, and Cultural Organization.\n ``(d) After such review, the Secretary of the Interior or \nAgriculture shall report to the President his recommendations as to \nwhat lands owned by the United States warrant inclusion as a Biosphere \nReserve.\n ``(e) The President shall advise the President of the Senate and \nthe Speaker of the House of Representatives of his recommendations with \nrespect to the designation of any lands owned by the United States for \ninclusion as a Biosphere Reserve. Such advice by the President shall be \ngiven within two years of the receipt of each report from the \nSecretary. After the effective date of the Public Land Participation \nManagement Act, a recommendation of the President for declaration of a \nBiosphere Reserve shall become effective only if so provided by an Act \nof Congress.\n ``(f) The Secretary of State shall submit an annual report on each \nBiosphere Reserve within the United States to the Chairman and Ranking \nMinority member of the Committee on Resources of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate, that contains the following information for each reserve:\n ``(1) An accounting of all money expended to manage the \n reserve.\n ``(2) A summary of Federal full time equivalent hours \n related to management of the reserve.\n ``(3) A list and explanation of all nongovernmental \n organizations contributing to the management of the reserve.\n ``(4) A summary and account of the disposition of the \n complaints received by the Secretary related to management of \n the reserve.''","summary":"Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes. (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas. (3) identify all existing rights held on Federal lands contained within such areas. And (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list. And (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. And (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress.","title":"Public Land Management Participation Act of 1997","text_len":9845,"sum_len":4277} {"bill_id":"103_s2062","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Meat and Poultry Products Inspection \nAmendments of 1994''.\n\nSEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION \n ACT.\n\n (a) Removal of Intrastate Distribution Limitation.--Section \n301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is \namended by striking ``solely for distribution within such State''.\n (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C. \n661(a)) is amended by adding at the end the following new paragraph:\n ``(5) In addition to appointing inspectors under section \n 21, the Secretary may enter into an agreement with a State or \n the District of Columbia to utilize an officer or employee of \n the State or the District of Columbia to conduct any \n examination, investigation, or inspection authorized under this \n Act, if the Secretary determines that it is practicable for the \n examination, investigation, or inspection to be so \n conducted.''.\n (c) Termination of Designation of State as Subject to Federal \nInspection for Intrastate Distribution.--Section 301(c)(3) of such Act \n(21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the \noperations and transactions within such State which are regulated under \nsubparagraph (1), he'' and inserting ``with respect to each \nestablishment within the jurisdiction of the State that does not \noperate under Federal inspection under title I and at which any cattle, \nsheep, swine, goat, or equine is slaughtered, or the carcass of the \nanimal, or a part or product of the carcass of the animal, is prepared, \nfor use as human food, and with respect to the distribution of each \ncarcass, part of a carcass, meat, or meat food product of the animal \nwithin the State, the Secretary''.\n (d) Expansion of State Inspection Authority.--Section 301 of such \nAct (21 U.S.C. 661) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d)(1) Except as provided in paragraph (2), a carcass, part of a \ncarcass, meat, or meat food product of a cattle, sheep, swine, goat, or \nequine prepared under State inspection in a State (other than a State \ndesignated under subsection (c)) in compliance with the meat inspection \nlaw of the State shall be eligible for sale or transportation in \ninterstate commerce, and for entry into and use in the preparation of a \nproduct in an establishment at which Federal inspection is maintained \nunder title I, in the same manner and to the same extent as a product \nprepared at the establishment.\n ``(2) A State-inspected article described in paragraph (1), and a \nfederally inspected article prepared (in whole or in part) from the \nState-inspected article--\n ``(A) shall not be eligible for sale or transportation in \n foreign commerce; and\n ``(B) shall be separated at all times from all other \n federally inspected articles in a federally inspected \n establishment that engages in the preparation, sale, or \n transportation of carcasses, parts of carcasses, meat, or meat \n food products, for foreign commerce.\n ``(3) Each carcass, part of a carcass, meat, or meat food product \nthat is inspected in a program of inspection in a State (other than a \nState designated under subsection (c)) pursuant to State law shall be \nidentified as so inspected only by an official mark that identifies the \nState and is of such design as the State shall prescribe. A federally \ninspected article prepared (in whole or in part) from the State-\ninspected article shall be identified as so inspected only by the same \nofficial mark as is prescribed by the Secretary for an article \nslaughtered or prepared under title I.\n ``(4) Except as provided in paragraph (5), the operator of an \nestablishment operated under Federal or State inspection who wishes to \ntransfer to State or Federal inspection, as the case may be, may do so \nonly as of October 1 of any year. The transfer shall occur only if--\n ``(A) the operator provides written notice of the intention \n to transfer to both inspection agencies at least 180 days in \n advance of the date referred to in the preceding sentence; and\n ``(B) the Secretary determines that the transfer will \n effectuate the purposes set forth in section 2 and will not \n adversely affect the stability of the total State and Federal \n inspection systems.\n ``(5) The Secretary may permit the operator of an establishment to \ntransfer from State to Federal inspection at any time if the operator \npresents clear and convincing evidence to the Secretary that the \nestablishment intends to, and will be able to, engage in foreign \ncommerce to a substantial extent in a manner that would require Federal \ninspection.\n ``(6) As used in this subsection, the term `interstate commerce' \nmeans commerce between States or between a State and the District of \nColumbia.''.\n (e) Prohibition on Additional or Different State Requirements.--\nSection 408 of such Act (21 U.S.C. 678) is amended to read as follows:\n\n``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.\n\n ``(a) Requirements Relating to Establishments.--\n ``(1) In general.--Except as provided in paragraph (2), a \n State or Territory or the District of Columbia may not impose a \n requirement within the scope of this Act with respect to the \n premises, facility, or operation of an establishment at which \n inspection is provided under title I that is in addition to, or \n different than, a requirement under this Act.\n ``(2) Recordkeeping requirements.--A State or Territory or \n the District of Columbia may impose a recordkeeping or other \n requirement within the scope of section 202, if the requirement \n is consistent with such section, with respect to an \n establishment.\n ``(b) Requirements Relating to Marking, Labeling, Packaging, and \nIngredients.--\n ``(1) In general.--Except as provided in paragraph (2), a \n State or Territory or the District of Columbia may not impose a \n marking, labeling, packaging, or ingredient requirement that is \n in addition to, or different than, a requirement under this Act \n with respect to an article prepared at an establishment under \n Federal inspection in accordance with title I or with respect \n to an article prepared for commerce at a State-inspected \n establishment in accordance with section 301(d).\n ``(2) Concurrent jurisdiction.--A State or territory or the \n District of Columbia may, consistent with this Act, exercise \n concurrent jurisdiction with the Secretary over an article \n distributed in commerce or otherwise subject to this Act, for \n the purpose of preventing the distribution for use as human \n food of an article that is not in compliance with this Act and \n is outside of a federally or State-inspected establishment, or \n in the case of an imported article, that is not at such an \n establishment, after the entry of the article into the United \n States.\n ``(c) Effect on Other Laws.--This Act shall not preclude a State or \nTerritory or the District of Columbia from imposing a requirement or \ntaking any other action, consistent with this Act, with respect to an \narea regulated under this Act that is not referred to in this \nsection.''.\n\nSEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS \n INSPECTION ACT.\n\n (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1) \nof the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended \nby striking ``solely for distribution within such State''.\n (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C. \n454(a)) is amended by adding at the end the following new paragraph:\n ``(5) The Secretary may enter into an agreement with a \n State or the District of Columbia to utilize an officer or \n employee of the State or the District of Columbia to conduct \n any examination, investigation, or inspection authorized under \n this Act, if the Secretary determines that it is practicable \n for the examination, investigation, or inspection to be so \n conducted.''.\n (c) Termination of Designation of State as Subject to Federal \nInspection for Intrastate Distribution.--Section 5(c)(3) of such Act \n(21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the \noperations and transactions within such State which are regulated under \nsubparagraph (1) of this paragraph (c), he'' and inserting ``with \nrespect to each establishment within the jurisdiction of the State that \ndoes not operate under Federal inspection under this Act and at which \nany poultry is slaughtered, or any poultry product is processed, for \nuse as human food, and with respect to the distribution of each poultry \nproduct within the State, the Secretary''.\n (d) Expansion of State Inspection Authority.--Section 5 of such Act \n(21 U.S.C. 454) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d)(1) Except as provided in paragraph (2), a poultry product \nprocessed under State inspection in a State (other than a State \ndesignated under subsection (c)) in compliance with the poultry \nproducts inspection law of the State shall be eligible for sale or \ntransportation in interstate commerce, and for entry into and use in \nthe preparation of a product in an establishment at which Federal \ninspection is maintained under this Act, in the same manner and to the \nsame extent as a poultry product processed at the establishment. A \npoultry product that complies with the poultry product inspection laws \nof the State (other than a State designated under subsection (c)) in \nwhich the product was processed shall be considered to comply with this \nAct.\n ``(2) A State-inspected poultry product described in paragraph (1), \nand a federally inspected poultry product processed (in whole or in \npart) from the State-inspected poultry product--\n ``(A) shall not be eligible for sale or transportation in \n foreign commerce; and\n ``(B) shall be separated at all times from all other \n federally inspected poultry products in a federally inspected \n establishment that engages in the processing, sale, or \n transportation of poultry products for foreign commerce.\n ``(3) A poultry product that is inspected in a program of \ninspection in a State (other than a State designated under subsection \n(c)) pursuant to State law shall be identified as so inspected only by \nan official mark that identifies the State and is of such design as the \nState shall prescribe. A federally inspected poultry product processed \n(in whole or in part) from a State-inspected poultry product shall be \nidentified as so inspected only by the same official mark as is \nprescribed by the Secretary for a poultry product processed under this \nAct (other than this section or section 11).\n ``(4) Except as provided in paragraph (5), the operator of an \nestablishment operated under Federal or State inspection who wishes to \ntransfer to State or Federal inspection, as the case may be, may do so \nonly as of October 1 of any year. The transfer shall occur only if--\n ``(A) the operator provides written notice of the intention \n to transfer to both inspection agencies at least 180 days in \n advance of the date referred to in the preceding sentence; and\n ``(B) the Secretary determines that the transfer will \n effectuate the legislative policy set forth in section 3 and \n will not adversely affect the stability of the total Federal \n and State inspection systems.\n ``(5) The Secretary may permit the operator of an establishment to \ntransfer from State to Federal inspection at any time if the operator \npresents clear and convincing evidence to the Secretary that the \nestablishment intends to, and will be able to, engage in foreign \ncommerce to a substantial extent in a manner that would require Federal \ninspection.\n ``(6) As used in this subsection, the term `interstate commerce' \nmeans commerce between States or between a State and the District of \nColumbia.''.\n (e) Prohibition on Additional or Different State Requirements.--\nSection 23 of such Act (21 U.S.C. 467e) is amended to read as follows:\n\n``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.\n\n ``(a) Requirements Relating to Establishments.--\n ``(1) In general.--Except as provided in paragraph (2), a \n State or territory or the District of Columbia may not impose a \n requirement within the scope of this Act with respect to the \n premises, facility, or operation of an official establishment, \n that is in addition to, or different than, a requirement under \n this Act.\n ``(2) Recordkeeping requirements.--A State or territory or \n the District of Columbia may impose a recordkeeping or other \n requirement within the scope of section 11(b), if the \n requirement is consistent with such section, with respect to an \n establishment.\n ``(b) Requirements Relating to Marking, Labeling, Packaging, and \nIngredients.--\n ``(1) In general.--A State or territory or the District of \n Columbia may not impose--\n ``(A) except as provided in paragraph (2), a \n marking, labeling, packaging, or ingredient requirement \n that is in addition to, or different than, a \n requirement under this Act with respect to an article \n prepared at an establishment under Federal inspection \n in accordance with this Act or with respect to an \n article prepared for commerce at a State-inspected \n establishment in accordance with section 5(d); or\n ``(B) any other storage or handling requirement \n found by the Secretary to unduly interfere with the \n free flow of any poultry product in commerce.\n ``(2) Concurrent jurisdiction.--A State or territory or the \n District of Columbia may, consistent with this Act, exercise \n concurrent jurisdiction with the Secretary over an article \n distributed in commerce or otherwise subject to this Act, for \n the purpose of preventing the distribution for use as human \n food of any article that is not in compliance with this Act and \n is outside of a federally or State-inspected establishment, or \n in the case of an imported article, that is not at such an \n establishment, after the entry of the article into the United \n States.\n ``(c) Effect on Other Laws.--This Act shall not preclude a State or \nterritory or the District of Columbia from imposing a requirement or \ntaking any other action, consistent with this Act, with respect to an \narea regulated under this Act that is not referred to in this \nsection.''.","summary":"Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce, (2) permit the Secretary of Agriculture to use State inspectors. (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities. And (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products.","title":"Meat and Poultry Products Inspection Amendments of 1994","text_len":15511,"sum_len":639} {"bill_id":"113_hr863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission to Study the Potential \nCreation of a National Women's History Museum Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the \n Commission to Study the Potential Creation of a National \n Women's History Museum established by section 3(a).\n (2) Museum.--The term ``Museum'' means the National Women's \n History Museum.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) In General.--There is established the Commission to Study the \nPotential Creation of a National Women's History Museum.\n (b) Membership.--The Commission shall be composed of 8 members, of \nwhom--\n (1) 2 members shall be appointed by the majority leader of \n the Senate;\n (2) 2 members shall be appointed by the Speaker of the \n House of Representatives;\n (3) 2 members shall be appointed by the minority leader of \n the Senate; and\n (4) 2 members shall be appointed by the minority leader of \n the House of Representatives.\n (c) Qualifications.--Members of the Commission shall be appointed \nto the Commission from among individuals, or representatives of \ninstitutions or entities, who possess--\n (1)(A) a demonstrated commitment to the research, study, or \n promotion of women's history, art, political or economic \n status, or culture; and\n (B)(i) expertise in museum administration;\n (ii) expertise in fundraising for nonprofit or cultural \n institutions;\n (iii) experience in the study and teaching of women's \n history;\n (iv) experience in studying the issue of the representation \n of women in art, life, history, and culture at the Smithsonian \n Institution; or\n (v) extensive experience in public or elected service;\n (2) experience in the administration of, or the planning \n for, the establishment of, museums; or\n (3) experience in the planning, design, or construction of \n museum facilities.\n (d) Prohibition.--No employee of the Federal Government may serve \nas a member of the Commission.\n (e) Deadline for Initial Appointment.--The initial members of the \nCommission shall be appointed not later than the date that is 90 days \nafter the date of enactment of this Act.\n (f) Vacancies.--A vacancy in the Commission--\n (1) shall not affect the powers of the Commission; and\n (2) shall be filled in the same manner as the original \n appointment was made.\n (g) Chairperson.--The Commission shall, by majority vote of all of \nthe members, select 1 member of the Commission to serve as the \nChairperson of the Commission.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n (a) Reports.--\n (1) Plan of action.--The Commission shall submit to the \n President and Congress a report containing the recommendations \n of the Commission with respect to a plan of action for the \n establishment and maintenance of a National Women's History \n Museum in Washington, DC.\n (2) Report on issues.--The Commission shall submit to the \n President and Congress a report that addresses the following \n issues:\n (A) The availability and cost of collections to be \n acquired and housed in the Museum.\n (B) The impact of the Museum on regional women \n history-related museums.\n (C) Potential locations for the Museum in \n Washington, DC, and its environs.\n (D) Whether the Museum should be part of the \n Smithsonian Institution.\n (E) The governance and organizational structure \n from which the Museum should operate.\n (F) Best practices for engaging women in the \n development and design of the Museum.\n (G) The cost of constructing, operating, and \n maintaining the Museum.\n (3) Deadline.--The reports required under paragraphs (1) \n and (2) shall be submitted not later than the date that is 18 \n months after the date of the first meeting of the Commission.\n (b) Fundraising Plan.--\n (1) In general.--The Commission shall develop a fundraising \n plan to support the establishment, operation, and maintenance \n of the Museum through contributions from the public.\n (2) Considerations.--In developing the fundraising plan \n under paragraph (1), the Commission shall consider--\n (A) the role of the National Women's History Museum \n (a nonprofit, educational organization described in \n section 501(c)(3) of the Internal Revenue Code of 1986 \n that was incorporated in 1996 in Washington, DC, and \n dedicated for the purpose of establishing a women's \n history museum) in raising funds for the construction \n of the Museum; and\n (B) issues relating to funding the operations and \n maintenance of the Museum in perpetuity without \n reliance on appropriations of Federal funds.\n (3) Independent review.--The Commission shall obtain an \n independent review of the viability of the plan developed under \n paragraph (1) and such review shall include an analysis as to \n whether the plan is likely to achieve the level of resources \n necessary to fund the construction of the Museum and the \n operations and maintenance of the Museum in perpetuity without \n reliance on appropriations of Federal funds.\n (4) Submission.--The Commission shall submit the plan \n developed under paragraph (1) and the review conducted under \n paragraph (3) to the Committees on Transportation and \n Infrastructure, House Administration, Natural Resources, and \n Appropriations of the House of Representatives and the \n Committees on Rules and Administration, Energy and Natural \n Resources, and Appropriations of the Senate.\n (c) Legislation To Carry Out Plan of Action.--Based on the \nrecommendations contained in the report submitted under paragraphs (1) \nand (2) of subsection (a), the Commission shall submit for \nconsideration to the Committees on Transportation and Infrastructure, \nHouse Administration, Natural Resources, and Appropriations of the \nHouse of Representatives and the Committees on Rules and \nAdministration, Energy and Natural Resources, and Appropriations of the \nSenate recommendations for a legislative plan of action to establish \nand construct the Museum.\n (d) National Conference.--Not later than 18 months after the date \non which the initial members of the Commission are appointed under \nsection 3, the Commission may, in carrying out the duties of the \nCommission under this section, convene a national conference relating \nto the Museum, to be comprised of individuals committed to the \nadvancement of the life, art, history, and culture of women.\n\nSEC. 5. DIRECTOR AND STAFF OF COMMISSION.\n\n (a) Director and Staff.--\n (1) In general.--The Commission may employ and compensate \n an executive director and any other additional personnel that \n are necessary to enable the Commission to perform the duties of \n the Commission.\n (2) Rates of pay.--Rates of pay for persons employed under \n paragraph (1) shall be consistent with the rates of pay allowed \n for employees of a temporary organization under section 3161 of \n title 5, United States Code.\n (b) Not Federal Employment.--Any individual employed under this Act \nshall not be considered a Federal employee for the purpose of any law \ngoverning Federal employment.\n (c) Technical Assistance.--\n (1) In general.--Subject to paragraph (2), on request of \n the Commission, the head of a Federal agency may provide \n technical assistance to the Commission.\n (2) Prohibition.--No Federal employees may be detailed to \n the Commission.\n\nSEC. 6. ADMINISTRATIVE PROVISIONS.\n\n (a) Compensation.--\n (1) In general.--A member of the Commission--\n (A) shall not be considered to be a Federal \n employee for any purpose by reason of service on the \n Commission; and\n (B) shall serve without pay.\n (2) Travel expenses.--A member of the Commission shall be \n allowed a per diem allowance for travel expenses, at rates \n consistent with those authorized under subchapter I of chapter \n 57 of title 5, United States Code.\n (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, \nuse, and dispose of gifts, bequests, or devises of money, services, or \nreal or personal property for the purpose of aiding or facilitating the \nwork of the Commission.\n (c) Federal Advisory Committee Act.--The Commission shall not be \nsubject to the Federal Advisory Committee Act (5 U.S.C. App.).\n\nSEC. 7. TERMINATION.\n\n The Commission shall terminate on the date that is 30 days after \nthe date on which the final versions of the reports required under \nsection 4(a) are submitted.\n\nSEC. 8. FUNDING.\n\n (a) In General.--The Commission shall be solely responsible for \nacceptance of contributions for, and payment of the expenses of, the \nCommission.\n (b) Prohibition.--No Federal funds may be obligated to carry out \nthis Act.\n\n Passed the House of Representatives May 7, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Commission to Study the Potential Creation of a National Women's History Museum Act - Establishes the Commission to Study the Potential Creation of a National Women's History Museum. Requires the Commission to: (1) report recommendations for a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, D. C.. (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions. (3) obtain an independent review of such fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds. And (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional women history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. Prohibits federal funds from being obligated to carry out this Act.","title":"Commission to Study the Potential Creation of a National Women's History Museum Act","text_len":9939,"sum_len":1163} {"bill_id":"103_hr2285","text":"SECTION 1. DEPARTMENT OF VETERANS AFFAIRS SEXUAL TRAUMA COUNSELING \n PROGRAM.\n\n (a) Extension of Period of Authority To Provide Sexual Trauma \nCounseling.--Subsection (a) of section 1720D of title 38, United States \nCode, is amended--\n (1) by striking out ``December 31, 1995,'' in paragraph (1) \n and inserting in lieu thereof ``December 31, 1998,''; and\n (2) by striking out ``December 31, 1994,'' in paragraph (3) \n and inserting in lieu thereof ``December 31, 1998,''.\n (b) Period of Eligibility To Seek Counseling.--(1) Such subsection \nis further amended--\n (A) by striking out paragraph (2); and\n (B) by redesignating paragraph (3) (as amended by \n subsection (a)(2)) as paragraph (2).\n (2) Section 102(b) of the Veterans Health Care Act of 1992 (Public \nLaw 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed.\n (c) Repeal of Limitation on Period of Receipt of Counseling.--\nSection 1720D of title 38, United States Code, is further amended--\n (1) by striking out subsection (b); and\n (2) by redesignating subsections (c), (d), and (e) as \n subsections (b), (c), and (d), respectively.\n (d) Increased Priority of Care.--Section 1712(i) of title 38, \nUnited States Code, is amended--\n (1) in paragraph (1)--\n (A) by inserting ``(A)'' after ``To a veteran''; \n and\n (B) by inserting ``, or (B) who is eligible for \n counseling under section 1720D of this title, for the \n purposes of such counseling'' before the period at the \n end; and\n (2) in paragraph (2)--\n (A) by striking out ``, (B)'' and inserting in lieu \n thereof ``or (B)''; and\n (B) by striking out ``, or (C)'' and all that \n follows through ``such counseling''.\n (e) Program Revision.--(1) Section 1720D of title 38, United States \nCode, is further amended--\n (A) by striking out ``woman'' in subsection (a)(1);\n (B) by striking out ``women'' in subsection (b)(2)(C) and \n in the first sentence of subsection (c), as redesignated by \n subsection (c); and\n (C) by striking out ``women'' in subsection (c)(2), as so \n redesignated, and inserting in lieu thereof ``individuals''.\n (2)(A) The heading of such section is amended to read as follows:\n``Sec. 1720D. Counseling for sexual trauma''.\n (B) The item relating to such section in the table of sections at \nthe beginning of chapter 17 of such title is amended to read as \nfollows:\n\n``1720D. Counseling for sexual trauma.''.\n (f) Information on Counseling by Telephone.--(1) Paragraph (1) of \nsection 1720D(c) of title 38, United States Code, as redesignated by \nsubsection (c) of this section, is amended by striking out ``may'' and \ninserting in lieu thereof ``shall''.\n (2) In providing information on counseling available to veterans \nthrough the information system required under section 1720D(c)(1) of \ntitle 38, United States Code (as amended by this section), the \nSecretary of Veterans Affairs shall ensure--\n (A) that the telephone system described in such section is \n operated by Department of Veterans Affairs personnel who are \n trained in the provision to persons who have experienced sexual \n trauma of information about the care and services relating to \n sexual trauma that are available to veterans in the communities \n in which such veterans reside, including care and services \n available under programs of the Department (including the care \n and services available under section 1720D of such title) and \n from non-Department agencies or organizations;\n (B) that such personnel are provided with information on \n the care and services relating to sexual trauma that are \n available to veterans and the locations in which such care and \n services are available;\n (C) that such personnel refer veterans seeking such care \n and services to appropriate providers of such care and services \n (including care and services that are available in the \n communities in which such veterans reside);\n (D) that the telephone system is operated in a manner that \n protects the confidentiality of persons who place telephone \n calls to the system; and\n (E) that the telephone system operates at all times.\n (3) The Secretary shall ensure that information about the \navailability of the telephone system is visibly posted in Department \nmedical facilities and is advertised through public service \nannouncements, pamphlets, and other means.\n (4) Not later than 18 months after the date of the enactment of \nthis Act, the Secretary shall submit to Congress a report on the \noperation of the telephone system required under section 1720D(c)(1) of \ntitle 38, United States Code (as so amended). The report shall set \nforth the following:\n (A) The number of telephone calls placed to the system \n during the period covered by the report, with a separate \n display of (i) the number of calls placed to the system from \n each State (as such term is defined in section 101(20) of title \n 38, United States Code) during that period, and (ii) the number \n of persons who placed more than one call to the system during \n that period.\n (B) The types of sexual trauma described to personnel \n operating the system by persons placing calls to the system.\n (C) A description of the difficulties, if any, experienced \n by persons placing calls to the system in obtaining care and \n services for sexual trauma in the communities in which such \n persons live, including care and services available from the \n Department and from non-Department agencies and organizations.\n (D) A description of the training provided to the personnel \n operating the system.\n (E) The recommendations and plans of the Secretary for the \n improvement of the system.\n (5) The Secretary shall commence operation of the telephone system \nrequired under section 1720D(c)(1) of title 38, United States Code (as \nso amended), not later than 180 days after the date of the enactment of \nthis Act.\n\nSEC. 2. REPORT RELATING TO DETERMINATIONS OF SERVICE CONNECTION FOR \n SEXUAL TRAUMA.\n\n (a) Report.--The Secretary of Veterans Affairs shall submit to the \nCommittees on Veterans' Affairs of the Senate and House of \nRepresentatives a report containing the Secretary's assessment of--\n (1) the difficulties that veterans encounter in obtaining \n from the Department of Veterans Affairs determinations that \n disabilities relating to sexual trauma resulting from events \n that occurred during active duty are service-connected \n disabilities; and\n (2) the extent to which Department personnel fail to make \n determinations that such disabilities are service-connected \n disabilities.\n (b) Recommendations.--The Secretary shall include in the report the \nSecretary's recommendations for actions to be taken to respond in a \nfair manner to the difficulties described in the report and to \neliminate failures to make determinations that such disabilities are \nservice-connected disabilities.\n (c) Definition.--In this section, the term ``sexual trauma'' means \nthe immediate and long-term physical or psychological trauma resulting \nfrom rape, sexual assault, aggravated sexual abuse (as such term is \ndescribed in section 2241 of title 18, United States Code), sexual \nharassment, or other act of sexual violence.\n (d) Deadline for Report.--The report required by this section shall \nbe submitted not later than June 30, 1994.\n\nSEC. 3. COORDINATORS OF WOMEN'S SERVICES.\n\n (a) Requirement of Full-time Service.--Section 108 of the Veterans \nHealth Care Act of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C. \n1710 note) is amended--\n (1) by inserting ``(a)'' before ``The Secretary''; and\n (2) by adding at the end the following:\n ``(b) Each official who serves in the position of coordinator of \nwomen's services under subsection (a) shall so serve on a full-time \nbasis.''.\n (b) Additional Responsibilities.--Subsection (a) of such section \n(as designated by subsection (a) of this section) is further amended--\n (1) by redesignating paragraph (5) as paragraph (6); and\n (2) by inserting after paragraph (4) the following new \n paragraph (5):\n ``(5) Facilitating communication between women veterans \n coordinators under the jurisdiction of such regional \n coordinator and the Under Secretary for Health and the \n Secretary.''.\n (c) Support for Women's Services Coordinators.--The Secretary of \nVeterans Affairs shall take appropriate actions to ensure that--\n (1) sufficient funding is provided to each Department of \n Veterans Affairs facility in order to permit the coordinator of \n women's services to carry out the responsibilities of the \n coordinator at the facility;\n (2) sufficient clerical and communications support is \n provided to each such coordinator for that purpose; and\n (3) each such coordinator has direct access to the Director \n or Chief of Staff of the facility to which the coordinator is \n assigned.","summary":"Amends the Veterans Health Care Act of 1992 and Federal veterans' benefits provisions to: (1) extend through December 31, 1998, the authority of the Department of Veterans Affairs to provide sexual trauma counseling at Department facilities as well as through non-Department providers. (2) remove a requirement that veterans seek such counseling within a specified period after discharge. (3) remove the current one-year limit on the length of such counseling. (4) make the provision of such counseling equal in priority to the provision of Department outpatient services. (5) authorize the Department to provide such counseling to all veterans. And (6) require the provision of a 24-hour toll-free telephone number for the provision of sexual trauma crisis counseling. Directs the Secretary of Veterans Affairs to make certain reports with respect to: (1) the operation of the telephone hotline. And (2) the difficulties veterans encounter in obtaining from the Department determinations that disabilities relating to sexual trauma are service-connected. Modifies responsibilities of Department coordinators of women's services. Requires the Secretary to ensure that such coordinators are provided sufficient resources to carry out such responsibilities.","title":"To amend chapter 17 of title 38, United States Code, to improve the Department of Veterans Affairs program of sexual trauma counseling for veterans and to improve certain Department of Veterans Affairs programs for women veterans.","text_len":9673,"sum_len":1255} {"bill_id":"107_hr4840","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sound Science for Endangered Species \nAct Planning Act of 2002''.\n\nSEC. 2. SOUND SCIENCE.\n\n (a) Best Scientific and Commercial Data Available as Basis of \nDeterminations.--Section 4(b)(1)(A) of the Endangered Species Act of \n1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by \ninserting ``, including any finding under paragraph (3)(B) on a \npetition referred to in paragraph (3)(A),'' after ``determinations \nrequired by subsection (a)(1)''.\n (b) Preference for Empirical, Field-Tested, and Peer-Reviewed \nData.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. \n1533(b)) is amended by adding at the end the following:\n ``(9) In making any determination under this section, the Secretary \nshall give greater weight to any scientific or commercial study or \nother information that is empirical or has been field-tested or peer-\nreviewed.''.\n (c) Contents of Listing Petitions.--\n (1) In general.--Section 4(b)(3) of the Endangered Species \n Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the \n end the following:\n ``(E) A petition referred to in subparagraph (A) regarding a \nspecies--\n ``(i) shall, to the maximum extent practicable, contain \n clear and convincing evidence--\n ``(I) of the current known and historic ranges of \n the species concerned;\n ``(II) of the most recent population estimates and \n trends for the species, if available;\n ``(III) that any change in the population that is \n alleged in the petition is beyond the natural range of \n fluctuations for the species; and\n ``(IV) of the reason that the petitioned action is \n warranted, including known or perceived threats to the \n species;\n ``(ii) shall include a bibliography of scientific \n literature on the species in support of the petition; and\n ``(iii) may contain any other information the petitioner \n considers appropriate.\n ``(F) For purposes of subparagraph (E), evidence is clear and \nconvincing evidence if--\n ``(i) a preponderance of the evidence is based on reliable \n scientific and commercial information; and\n ``(ii) the evidence is sufficient to support a firm belief \n by the Secretary that the petitioned action may be \n warranted.''.\n (2) Requirement for consideration of petition.--Section \n 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. \n 1533(b)(3)) is further amended--\n (A) in subparagraph (A) in the first sentence, by \n inserting ``and contains the information required under \n clauses (i) and (ii) of subparagraph (E)'' after ``may \n be warranted''; and\n (B) in subparagraph (B) in the matter preceding \n clause (i), by inserting ``and contains the information \n required under clauses (i) and (ii) of subparagraph \n (E)'' after ``may be warranted''.\n (d) Use of Sound Science in Listing.--Section 4(b) of the \nEndangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended \nby adding at the end the following:\n ``(10) Not later than 1 year after the date of enactment of this \nparagraph, the Secretary shall promulgate regulations that establish \ncriteria that must be met for scientific and commercial data, studies, \nand other information to be used as the basis of a determination under \nthis section.\n ``(11)(A) The Secretary may not determine that a species is an \nendangered species or a threatened species unless data collected in the \nfield on the species concerned supports the determination.\n ``(B) The Secretary shall--\n ``(i) accept and acknowledge receipt of data regarding the \n status of a species that is collected by an owner of land, \n including data obtained by observation of the species on the \n land; and\n ``(ii) include the data in the rulemaking record compiled \n for any determination that the species is an endangered species \n or a threatened species.''.\n (e) Use of Sound Science in Recovery Planning.--Section 4(f) of the \nEndangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding \nat the end the following:\n ``(6)(A) The Secretary shall identify and publish in the Federal \nRegister with the notice of a proposed regulation pursuant to paragraph \n(5)(A)(i) a description of additional scientific and commercial data \nthat, if collected, would assist in the preparation of a recovery plan \nand--\n ``(i) invite any person to submit the data to the \n Secretary; and\n ``(ii) describe the steps that the Secretary plans to take \n for acquiring additional data.\n ``(B) Data identified and obtained under subparagraph (A)(i) shall \nbe considered by the recovery team and the Secretary in the preparation \nof the recovery plan.''.\n\nSEC. 3. INDEPENDENT SCIENTIFIC REVIEW.\n\n (a) In General.--Section 4 of the Endangered Species Act of 1973 \n(16 U.S.C. 1533) is amended by adding at the end the following:\n ``(j) Independent Scientific Review Requirements.--(1) In this \nsubsection:\n ``(A) The term `covered action' means--\n ``(i) the determination that a species is an \n endangered species or a threatened species under \n subsection (a);\n ``(ii) the determination under subsection (a) that \n an endangered species or a threatened species be \n removed from any list published under subsection \n (c)(1);\n ``(iii) the development of a recovery plan for a \n threatened species or endangered species under \n subsection (f);\n ``(iv) the determination that a proposed action is \n likely to jeopardize the continued existence of a \n listed species or result in the destruction or adverse \n modification of critical habitat and the proposal of \n any reasonable and prudent alternatives by the \n Secretary under section 7(b)(3), if the Secretary finds \n that--\n ``(I) there is significant disagreement \n regarding that determination or proposal; or\n ``(II) that determination or proposal may \n have significant economic impact; and\n ``(v) the determination that a proposed action is \n not likely to jeopardize the continued existence of a \n listed species or result in the destruction or adverse \n modification of critical habitat, if the Secretary \n finds that there is significant disagreement regarding \n that determination or proposal.\n ``(B) The term `qualified individual' means an individual \n who meets the standards of the National Academy of Sciences for \n independent scientific review conducted by the Academy, except \n that such term does not include any individual with a conflict \n of interest as determined by the Secretary or by a Governor who \n nominates the individual under paragraph (3)(B).\n ``(2) The Secretary shall--\n ``(A) maintain a list of qualified individuals who are \n available to participate on independent review boards under \n this subsection;\n ``(B) seek nominations of individuals to participate on \n such boards (upon appointment by the Secretary), through the \n Federal Register, scientific and commercial journals, and the \n National Academy of Sciences and other such institutions; and\n ``(C) update such list every two years.\n ``(3)(A) Before any covered action becomes final, the Secretary \nshall appoint an independent review board in accordance with this \nsection that shall review and report to the Secretary in writing on the \nscientific information and analyses on which the covered action is \nbased.\n ``(B) Each independent review board under this paragraph shall be \ncomposed of 5 members, of which--\n ``(i) 3 shall be appointed by the Secretary from the list \n under paragraph (2); and\n ``(ii) 2 shall be appointed by the Secretary from among \n qualified individuals nominated by the Governor of a State in \n which the species concerned is located.\n ``(C) If any individual declines appointment to an independent \nreview board under this paragraph, the Secretary shall appoint another \nindividual in the same manner.\n ``(D) The selection of the members, and the activities, of \nindependent review boards under this paragraph are not subject to the \nFederal Advisory Committee Act (5 U.S.C. App.).\n ``(E) If funds are available, the Secretary shall provide \ncompensation to an individual for service as a member of an independent \nreview board under this paragraph, at a rate not to exceed the daily \nequivalent of the maximum annual rate of basic pay for grade GS-14 of \nthe General Schedule for each day (including travel time) during which \nthe individual is engaged in the actual performance of duties as a \nmember of such board.\n ``(F) The Secretary may not delegate the authority to make \nappointments under this paragraph to any official who is below the \nlevel of the Director of the United States Fish and Wildlife Service or \nthe Assistant Administrator for Fisheries of the National Oceanic and \nAtmospheric Administration.\n ``(4)(A) Each independent review board under this subsection shall \nprovide to the Secretary, within 90 days after the completion of \nappointment of the board, the opinion of the board regarding all \nrelevant scientific information and assumptions relating to the \ntaxonomy, population models, and supportive biological and ecological \ninformation for the species in question.\n ``(B) The Secretary shall--\n ``(i) develop a protocol for the conduct of scientific \n independent review under this subsection, that--\n ``(I) includes review of the adequacy of any \n scientific methodology used to support an action and \n the validity of any conclusions drawn from data used to \n support an action; and\n ``(II) is modeled after applicable National Academy \n of Sciences policies and guidelines for report reviews; \n and\n ``(ii) provide to each independent review board established \n under this subsection clear guidelines as to the conduct of its \n review consistent with that protocol.\n ``(5) If an independent review board under this subsection makes a \nrecommendation regarding a covered action, the Secretary shall, within \n90 days after receiving the recommendation, evaluate and consider the \ninformation that results from the review by the board, and shall \ninclude in the rulemaking record for the covered action--\n ``(A) a summary of the results of the review by the board; \n and\n ``(B) in a case in which the recommendation of a majority \n of the members of the board is not followed, an explanation of \n why the recommendation was not followed.\n ``(6) The report of each independent review board under this \nsubsection shall be included in the rulemaking record of any regulation \nwith respect to which the board is convened, and shall be available for \npublic review for at least 30 days before the close of the period for \ncomment on the regulation.''.\n (b) Biological Assessments.--Section 7(c) of the Endangered Species \nAct of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the \nfollowing:\n ``(3) In preparing a biological assessment under this subsection, \nthe head of an agency shall solicit and review any scientific and \ncommercial data that a prospective permit or license applicant believes \nis relevant to the assessment, and shall make that data available to \nthe Secretary.''.\n (c) Extension of Periods.--Section 4(b)(6) of the Endangered \nSpecies Act of 1973 (16 U.S.C. 1533(b)(6)) is amended--\n (1) in subparagraph (A)--\n (A) in the matter preceding clause (i) by striking \n ``one-year'' and inserting ``18-month''; and\n (B) in clause (i)(III) by striking ``one-year'' and \n inserting ``18-month''; and\n (C) in clause (ii)(II) by striking ``one-year'' and \n inserting ``18-month'';\n (2) in subparagraph (B)--\n (A) in clause (i) by striking ``one-year'' and \n inserting ``18-month'';\n (B) in clause (ii) by striking ``one-year'' and \n inserting ``18-month''; and\n (C) in clause (iii) by striking ``one-year'' and \n inserting ``18-month''; and\n (3) in subparagraph (C)(ii) by striking ``one-year'' and \n inserting ``18-month''.\n\nSEC. 4. IMPROVED INTERAGENCY COOPERATION.\n\n (a) Use of Information Provided by States.--Section 7(b)(1) of the \nEndangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by \nadding at the end the following:\n ``(C) In conducting a consultation under subsection (a)(2), the \nSecretary shall actively solicit and consider information from the \nState agency in each affected State.''.\n (b) Opportunity To Participate in Consultations.--Section 7(b)(1) \nof the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as \namended by subsection (a)) is further amended by adding at the end the \nfollowing:\n ``(D)(i) In conducting a consultation with a Federal agency under \nsubsection (a)(2), the Secretary and the head of the agency shall \nprovide any person who has sought authorization or funding from a \nFederal agency for an action that is the subject of the consultation, \nthe opportunity to--\n ``(I) before the development of a draft biological opinion, \n submit and discuss with the Secretary and the Federal agency \n information relevant to the effect of the proposed action on \n the species and reasonable and prudent alternatives that the \n Federal agency and the person can take to avoid violation of \n subsection (a)(2), including any such alternatives proposed by \n the person;\n ``(II) receive information, on request, subject to the \n exemptions specified in section 552(b) of title 5, United \n States Code, on the status of the species, threats to the \n species, and conservation measures, used by the Secretary to \n develop the draft biological opinion and the final biological \n opinion, including any associated incidental taking statements; \n and\n ``(III) receive a copy of the draft biological opinion from \n the Federal agency and, before issuance of the final biological \n opinion, submit comments on the draft biological opinion and \n discuss with the Secretary and the Federal agency the basis for \n any finding in the draft biological opinion.\n ``(ii) If alternatives are proposed by a person under clause (i) \nand the Secretary does not include the alternatives in the final \nbiological opinion, the Secretary shall provide to the person \nreasonable justification, based on the best scientific and commercial \ndata available, why those alternatives were not included in the \nopinion.\n ``(iii) Comments and other information submitted to, or received \nfrom, any person (pursuant to clause (i)) who seeks authorization or \nfunding for an action shall be maintained in a file for that action by \nthe Secretary and shall be made available to the public (subject to the \nexemptions specified in section 552(b) of title 5, United States \nCode).''.\n\n\n\n\n ","summary":"Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed. Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted. Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species. And (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination. Defines covered action to include: (1) additions to or removals from the lists of endangered or threatened species, (2) a recovery plan. And (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat. Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final. And (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats. Extends the Secretary's review period for covered actions from one year to 18 months.","title":"To amend the Endangered Species Act of 1973 to ensure the use of sound science in the implementation of that Act.","text_len":16269,"sum_len":2252} {"bill_id":"113_hr274","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mental Health First Act of 2013''.\n\nSEC. 2. MENTAL HEALTH FIRST AID TRAINING GRANTS.\n\n Section 520J of the Public Health Service Act (42 U.S.C. 290bb-41) \nis amended to read as follows:\n\n``SEC. 520J. MENTAL HEALTH FIRST AID TRAINING GRANTS.\n\n ``(a) Grants.--The Secretary, acting through the Administrator, \nshall award grants to States, political subdivisions of States, Indian \ntribes, tribal organizations, and nonprofit private entities to \ninitiate and sustain mental health first aid training programs.\n ``(b) Program Requirements.--\n ``(1) In general.--To be eligible for funding under \n subsection (a), a mental health first aid training program \n shall--\n ``(A) be designed to train individuals in the \n categories listed in paragraph (2) to accomplish the \n objectives described in paragraph (3);\n ``(B) ensure that training is conducted by trainers \n that are properly licensed and credentialed by \n nonprofit entities as designated by the Secretary; and\n ``(C) include--\n ``(i) at a minimum--\n ``(I) a core live training course \n for individuals in the categories \n listed in paragraph (2) on the skills, \n resources, and knowledge to assist \n individuals in crisis to connect with \n appropriate local mental health care \n services;\n ``(II) training on mental health \n resources, including the location of \n community mental health centers \n described in section 1913(c), in the \n State and local community; and\n ``(III) training on action plans \n and protocols for referral to such \n resources; and\n ``(ii) where feasible, continuing education \n and updated training for individuals in the \n categories listed in paragraph (2).\n ``(2) Categories of individuals to be trained.--The \n categories of individuals listed in this paragraph are the \n following:\n ``(A) Emergency services personnel and other first \n responders.\n ``(B) Police officers and other law enforcement \n personnel.\n ``(C) Teachers and school administrators.\n ``(D) Human resources professionals.\n ``(E) Faith community leaders.\n ``(F) Nurses and other primary care personnel.\n ``(G) Students enrolled in an elementary school, a \n secondary school, or an institution of higher \n education.\n ``(H) The parents of students described in \n subparagraph (G).\n ``(I) Veterans.\n ``(J) Other individuals, audiences or training \n populations as determined appropriate by the Secretary.\n ``(3) Objectives of training.--To be eligible for funding \n under subsection (a), a mental health first aid training \n program shall be designed to train individuals in the \n categories listed in paragraph (2) to accomplish each of the \n following objectives (as appropriate for the individuals to be \n trained, taking into consideration their age):\n ``(A) Safe de-escalation of crisis situations.\n ``(B) Recognition of the signs and symptoms of \n mental illness, including such common psychiatric \n conditions as schizophrenia, bipolar disorder, major \n clinical depression, and anxiety disorders.\n ``(C) Timely referral to mental health services in \n the early stages of developing mental disorders in \n order to--\n ``(i) avoid more costly subsequent \n behavioral health care; and\n ``(ii) enhance the effectiveness of mental \n health services.\n ``(c) Distribution of Awards.--In awarding grants under this \nsection, the Secretary shall--\n ``(1) ensure that grants are equitably distributed among \n the geographical regions of the United States; and\n ``(2) pay particular attention to the mental health \n training needs of populations and target audiences residing in \n rural areas.\n ``(d) Application.--A State, political subdivision of a State, \nIndian tribe, tribal organization, or nonprofit private entity that \ndesires a grant under this section shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary may require, including a plan for the rigorous \nevaluation of activities that are carried out with funds received under \nsuch grant.\n ``(e) Evaluation.--A State, political subdivision of a State, \nIndian tribe, tribal organization, or nonprofit private entity that \nreceives a grant under this section shall prepare and submit an \nevaluation to the Secretary at such time, in such manner, and \ncontaining such information as the Secretary may reasonably require, \nincluding an evaluation of activities carried out with funds received \nunder such grant and a process and outcome evaluation.\n ``(f) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated $20,000,000 for fiscal year \n2014 and such sums as may be necessary for each of fiscal years 2015 \nand 2016.''.","summary":"Mental Health First Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to initiate and sustain mental health first aid training programs. Requires such a program to include: (1) core live training courses on the skills, resources, and knowledge necessary to assist individuals in crisis to connect with appropriate local mental health care services. (2) training on mental health resources, including the location of community mental health centers in the state and local community. And (3) training on action plans and protocols for referral to such resources. Sets forth the categories of individuals to be trained under the program, including emergency services personnel and other first responders, police officers and law enforcement personnel, teachers and school administrators, human resources professionals, faith community leaders, nurses and other primary care personnel, students enrolled in school, parents of students, veterans, and other individuals, audiences or training populations as appropriate. Requires such programs to train individuals to accomplish: (1) safe de-escalation of crisis situations, (2) recognition of the signs and symptoms of mental illness, and (3) timely referral to mental health services in the early stages of developing mental disorders. Requires the Secretary, in awarding grants, to: (1) ensure that grants are equitably distributed among the geographical regions of the United States, and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas.","title":"Mental Health First Act of 2013","text_len":6073,"sum_len":1747} {"bill_id":"110_hr2406","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthcare Information Technology \nEnterprise Integration Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The National Institute of Standards and Technology, \n because of the electronic commerce, information technology and \n security expertise in its laboratories and the healthcare \n component of the Malcolm Baldrige National Quality Award, and \n its long history of working with the information technology and \n healthcare industries, is well equipped to complement the \n healthcare information technology implementation efforts as \n established by Executive Order 13335 of April 27, 2004, by \n addressing the technical challenges posed by healthcare \n information enterprise integration.\n (2) Therefore, it is in the national interest for the \n National Institute of Standards and Technology to accelerate \n its efforts--\n (A) to participate in the development of technical \n standards, standards conformance tests, and enterprise \n integration processes that are necessary to increase \n efficiency and quality of care, and lower costs in the \n healthcare industry; and\n (B) ensuring that all components of the United \n States healthcare infrastructure can be a part of an \n electronic information network that is reliable, \n interoperable, and secure.\n\nSEC. 3. HEALTHCARE INFORMATION ENTERPRISE INTEGRATION INITIATIVE.\n\n (a) Establishment.--The Director of the National Institute of \nStandards and Technology shall establish an initiative for advancing \nhealthcare information enterprise integration within the United States. \nIn carrying out this section, the Director shall involve various units \nof the National Institute of Standards and Technology, including its \nlaboratories and the Malcolm Baldrige National Quality Program. This \ninitiative shall build upon ongoing efforts of the National Institute \nof Standards and Technology, the private sector, and other Federal \nagencies, shall involve consortia that include government and industry, \nand shall be designed to permit healthcare information enterprise \nintegration. These efforts shall complement ongoing activities \noccurring under Executive Order 13335 of April 27, 2004.\n (b) Technical Activities.--In order to carry out this section, the \nDirector may focus on--\n (1) information technology standards and interoperability \n analysis, which may include the development of technical \n testbeds;\n (2) supporting the establishment of conformance testing \n infrastructure, including software conformance and \n certification;\n (3) security;\n (4) medical device communication;\n (5) supporting the provisioning of technical architecture \n products for management and retrieval; and\n (6) information management including electronic health \n records management, health information usability, and access \n and decision support.\n (c) Other Activities.--The Director may assist healthcare \nrepresentatives and organizations and Federal agencies in the \ndevelopment of technical roadmaps that identify the remaining steps \nneeded to ensure that technical standards for application protocols, \ninteroperability, data integrity, and security, as well as the \ncorollary conformance test protocols, will be in place. These roadmaps \nshall rely upon voluntary consensus standards where possible consistent \nwith Federal technology transfer laws.\n (d) Plans and Reports.--Not later than 90 days after the date of \nenactment of this Act, and annually thereafter, the Director shall \ntransmit a report to the Committee on Science and Technology of the \nHouse of Representatives and the Committee on Commerce, Science, and \nTransportation of the Senate on the activities of the National \nInstitute of Standards and Technology under this section.\n\nSEC. 4. FEDERAL HEALTHCARE INFORMATION TECHNOLOGY SYSTEMS AND \n INFRASTRUCTURE.\n\n (a) Guidelines and Standards.--Not later than 12 months after the \ndate of enactment of this Act, the Director of the National Institute \nof Standards and Technology, in consultation with industry and \nappropriate Federal agencies, shall report on development of \ntechnology-neutral information technology infrastructure guidelines and \nstandards, or the adoption of existing technology-neutral industry \nguidelines and private sector standards, for use by Federal agencies to \nenable those agencies to effectively select and utilize healthcare \ninformation technologies in a manner that is--\n (1) sufficiently secure to meet the needs of those agencies \n (as is consistent with the Computer Security Act of 1987, as \n amended, section 225 of the Homeland Security Act of 2002, and \n title III of the E-Government Act of 2002), their transaction \n partners, and the general public;\n (2) interoperable, to the maximum extent possible; and\n (3) inclusive of ongoing Federal efforts that provide \n technical expertise to harmonize existing standards and assist \n in the development of interoperability specifications.\n (b) Elements.--The guidelines and standards developed under \nsubsection (a) shall--\n (1) promote the use by Federal agencies of commercially \n available products that incorporate the guidelines and \n standards developed under subsection (a);\n (2) develop uniform testing procedures suitable for \n determining the conformance of commercially available and \n Federal healthcare information technology products with the \n guidelines and standards;\n (3) support and promote the testing of electronic \n healthcare information technologies utilized by Federal \n agencies;\n (4) provide protection and security profiles;\n (5) establish a core set of interoperability specifications \n in transactions between Federal agencies and their transaction \n partners; and\n (6) include validation criteria to enable Federal agencies \n to select healthcare information technologies appropriate to \n their needs.\n (c) Reports.--Not later than 18 months after the date of enactment \nof this Act, and annually thereafter, the Director shall transmit to \nthe Congress a report that includes a description and analysis of--\n (1) the level of interoperability and security of \n technologies for sharing healthcare information among Federal \n agencies; and\n (2) the problems Federal agencies are having with, and the \n progress such agencies are making toward, ensuring \n interoperable and secure healthcare information systems and \n electronic healthcare records.\n\nSEC. 5. RESEARCH AND DEVELOPMENT PROGRAMS.\n\n (a) Healthcare Information Enterprise Integration Research \nCenters.--\n (1) In general.--The Director of the National Institute of \n Standards and Technology, in consultation the Director of the \n National Science Foundation and other appropriate Federal \n agencies, shall establish a program of assistance to \n institutions of higher education (or consortia thereof which \n may include nonprofit entities and Federal Government \n laboratories) to establish multidisciplinary Centers for \n Healthcare Information Enterprise Integration.\n (2) Review; competition.--Grants shall be awarded under \n this subsection on a merit-reviewed, competitive basis.\n (3) Purpose.--The purposes of the Centers shall be--\n (A) to generate innovative approaches to healthcare \n information enterprise integration by conducting \n cutting-edge, multidisciplinary research on the systems \n challenges to healthcare delivery; and\n (B) the development and use of information \n technologies and other complementary fields.\n (4) Research areas.--Research areas may include--\n (A) the interfaces between human information and \n communications technology systems;\n (B) voice-recognition systems;\n (C) software that improves interoperability and \n connectivity among systems;\n (D) software dependability in systems critical to \n healthcare delivery;\n (E) measurement of the impact of information \n technologies on the quality and productivity of \n healthcare;\n (F) healthcare information enterprise management; \n and\n (G) information technology security and integrity.\n (5) Applications.--An institution of higher education (or a \n consortium thereof) seeking funding under this subsection shall \n submit an application to the Director at such time, in such \n manner, and containing such information as the Director may \n require. The application shall include, at a minimum, a \n description of--\n (A) the research projects that will be undertaken \n by the Center and the respective contributions of the \n participating entities;\n (B) how the Center will promote active \n collaboration among scientists and engineers from \n different disciplines, such as information technology, \n biologic sciences, management, social sciences, and \n other appropriate disciplines;\n (C) technology transfer activities to demonstrate \n and diffuse the research results, technologies, and \n knowledge; and\n (D) how the Center will contribute to the education \n and training of researchers and other professionals in \n fields relevant to healthcare information enterprise \n integration.\n (b) National Information Technology Research and Development \nProgram.--The National High-Performance Computing Program established \nby section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. \n5511) shall coordinate Federal research and development programs \nrelated to the development and deployment of health information \ntechnology, including activities related to--\n (1) computer infrastructure;\n (2) data security;\n (3) development of large-scale, distributed, reliable \n computing systems;\n (4) wired, wireless, and hybrid high-speed networking;\n (5) development of software and software-intensive systems;\n (6) human-computer interaction and information management \n technologies; and\n (7) the social and economic implications of information \n technology.\n (c) Strategic Plan for Healthcare Technologies and \nClassification.--\n (1) In general.--The Director of the National Institute of \n Standards and Technology, in consultation with the Director of \n the National Science Foundation, not later than 90 days after \n the date of enactment of this Act, shall establish a task force \n whose membership includes representatives of other Federal \n agencies and industry groups (such as the American Health \n Information Management Association and the American Medical \n Informatics Association) to develop a strategic plan including \n recommendations for--\n (A) the development, adoption, and maintenance of \n terminologies and classifications;\n (B) gaining commitment of terminology and \n classification stakeholders (such as developers, end \n users, and other service and technology suppliers) to \n principles and guidelines for open and transparent \n processes to enable cost-effective interoperability and \n complete and accurate information;\n (C) the design of a centralized authority or \n governance model, including principles for its \n operation and funding scenarios;\n (D) United States participation in the \n International Health Terminology Standards Development \n Organization; and\n (E) any other issues identified by the task force.\n (2) Task force report.--The task force shall report its \n findings and recommendations to the Committee on Science and \n Technology of the House of Representatives not later than 18 \n months after the date of enactment of this Act. The task force \n shall terminate after transmitting such report.\n (3) Federal advisory committee act.--The task force \n established under this subsection shall not be subject to the \n Federal Advisory Committee Act (5 U.S.C. App.).\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Director of the \nNational Institute of Standards and Technology for carrying out this \nAct $8,000,000 for each of the fiscal years 2009 and 2010, to be \nderived from amounts authorized under section 3001 of Public Law 110-\n69.\n ","summary":"Healthcare Information Technology Enterprise Integration Act - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an initiative for advancing health care information enterprise integration within the United States. Authorizes the Director to focus on: (1) information technology standards and interoperability analysis, (2) supporting the establishment of conformance testing infrastructure, (3) security, (4) medical device communication. (5) supporting the provisioning of technical architecture products for management and retrieval. And (6) information management. Allows the Director to assist health care representatives and organizations and federal agencies in the development of technical roadmaps that identify the remaining steps needed to ensure that standards will be in place. Requires such roadmaps to rely upon voluntary consensus standards, where possible, consistent with federal technology transfer laws. Requires the Director to report on the development or adoption of technology-neutral information technology infrastructure guidelines and standards to enable federal agencies to effectively select and utilize health care information technologies in a manner that is: (1) sufficiently secure, (2) interoperable. And (3) inclusive of ongoing federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications. Requires such guidelines and standards to: (1) promote the use by federal agencies of commercially available products, (2) develop uniform testing procedures suitable for determining product conformance. (3) support and promote the testing of electronic health care information technologies utilized by federal agencies, (4) provide protection and security profiles. (5) establish a core set of interoperability specifications in federal agency transactions. And (6) include validation criteria to enable federal agencies to select appropriate health care information technologies. Requires the Director to report on: (1) the level of interoperability and security of technologies for sharing health care information among federal agencies. And (2) federal agency problems and progress in ensuring interoperable and secure health care information systems and electronic health care records. Requires the Director to establish a program of assistance to institutions of higher education to establish multidisciplinary Centers for Healthcare Information Enterprise Integration in order to: (1) generate innovative approaches to health care information enterprise integration. And (2) develop and use information technologies and other complementary fields. Directs the National High-Performance Computing Program to coordinate federal research and development programs related to the development and deployment of health information technology. Requires the Director to establish a task force to develop a strategic plan, including recommendations for: (1) the development, adoption, and maintenance of terminologies and classifications. (2) gaining commitment of terminology and classification stakeholders to principles and guidelines for an open and transparent process to enable cost-effective interoperability and complete and accurate information, (3) the design of a centralized authority or governance model. And (4) US participation in the International Health Terminology Standards Development Organization. Authorizes Appropriations for FY2009-FY2010.","title":"To authorize the National Institute of Standards and Technology to increase its efforts in support of the integration of the healthcare information enterprise in the United States.","text_len":13756,"sum_len":3516} {"bill_id":"109_s3724","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``EPSCoR Research and Competitiveness \nAct of 2006''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Ensuring regional diversity in research funding is an \n essential strategy in strengthening international \n competitiveness.\n (2) Economic development in high technology fields is often \n advanced by industrial partnerships with near by strong \n research institutions from which companies can acquire \n intellectual property, highly trained staff, and vital \n resources.\n (3) The National Science Foundation is an independent \n Federal agency created by Congress in 1950 ``to promote the \n progress of science; to advance the national health, prosperity \n and welfare, and to secure the national defense''.\n (4) Congress has subsequently directed that, ``it shall be \n an objective of the Foundation to strengthen research and \n education in the sciences and engineering, including \n independent research by individuals, throughout the United \n States, and to avoid undue concentration of such research and \n education''.\n (5) Currently, Foundation research investments are \n concentrated in a small number of States. In contrast, 25 other \n States together receive less than 10 percent of the \n Foundation's research funding, yet these States are home to 20 \n percent of the population, 25 percent of doctoral\/research \n universities, and 18 percent of academic scientists and \n engineers.\n (6) Insufficient research infrastructure diminishes the \n ability of many universities to compete effectively for \n research funding, and thereby limits their contributions to \n regional economic development and international \n competitiveness.\n (7) The Foundation's Experimental Program to Stimulate \n Competitive Research, or EPSCoR, is the primary program by \n which the Foundation seeks to improve the research \n infrastructure of institutions in States that presently receive \n small portions of Foundation funding. EPSCoR is thus an \n important component of national efforts to increase innovation \n and improve competitiveness.\n\nSEC. 3. FUNDING.\n\n There are authorized to be appropriated to the Foundation for \nEPSCoR--\n (1) $125,000,000 for fiscal year 2007; and\n (2) for each of fiscal years 2008 through 2011, an amount \n equal to the sum of--\n (A) $125,000,000; and\n (B) $125,000,000 multiplied by a percentage equal \n to the percentage by which the Foundation's budget \n request for such fiscal year exceeds the total amount \n appropriated to the Foundation for fiscal year 2007.\n\nSEC. 4. RESEARCH INFRASTRUCTURE IMPROVEMENT GRANTS.\n\n (a) In General.--In the administration of the Foundation's research \ninfrastructure improvement grant program, the Director shall authorize \nStates participating in the grant program to include partnerships with \nout-of-State research institutions if the amount of funding transferred \nto another State does not exceed 5 percent of the amount of the grant \nin any fiscal year.\n (b) Authorization Level.--From amounts appropriated pursuant to \nsection 3, the Director shall make available to the research \ninfrastructure improvement grant program--\n (1) $65,000,000 for fiscal year 2007; and\n (2) for each of fiscal years 2008 through 2011, an amount \n equal to the sum of--\n (A) $75,000,000; and\n (B) $75,000,000 multiplied by a percentage equal to \n the percentage by which the Foundation's budget request \n for such fiscal year exceeds the total amount \n appropriated to the Foundation for fiscal year 2007.\n\nSEC. 5. CO-FUNDING.\n\n (a) In General.--For each of fiscal years 2007 through 2011, the \nDirector shall obligate and expend not less than 20 percent of the \namount available for EPSCoR on co-funding projects that are ranked, by \na peer-review process, in the top 20 percent of all proposals submitted \nin response to an announced competition.\n (b) Annual Report.--The Director shall submit an annual report to \nthe Senate Committee on Commerce, Science, and Transportation and the \nHouse of Representatives Committee on Science that provides information \nabout--\n (1) co-funded projects on a State-by-State basis for the \n preceding year; and\n (2) the amount and use of co-funding by each of the \n Foundation's directorates for that year.\n\nSEC. 6. CYBER INFRASTRUCTURE.\n\n Within 180 days after the date of enactment of this Act, the \nDirector, through the Office of Cyber Infrastructure, shall develop and \npublish a plan enabling States participating in EPSCoR to participate \nfully in the Foundation's Cyber Infrastructure Initiative.\n\nSEC. 7. MAJOR RESEARCH INSTRUMENTATION.\n\n Within 180 days after the date of enactment of this Act, the \nDirector, through the Office of Major Research Instrumentation, shall \ndevelop and publish a plan enabling States participating in EPSCoR to \ndevelop partnerships and participate fully in the Foundation's major \nresearch instrumentation program.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the National Science Foundation.\n (2) EPSCoR.--The term ``EPSCoR'' means the Experimental \n Program to Stimulate Competitive Research authorized by section \n 113 of the National Science Foundation Authorization Act of \n 1988 (42 U.S.C. 1862g).\n (3) Foundation.--The term ``Foundation'' means the National \n Science Foundation.D23\/","summary":"EPSCoR Research and Competitiveness Act of 2006 - Authorizes appropriations for FY2007-FY2011 to the National Science Foundation (NSF) for the Experimental Program to Stimulate Competitive Research (EPSCoR). Requires the Director of the NSF: (1) in the administration of the NSF's research infrastructure improvement grant program, to authorize states participating in the grant program to include partnership with out-of-state research institutions if the amount of funding transferred to another state does not exceed 5 of the amount of the grant in any fiscal year. And (2) from the amounts appropriated pursuant to this Act, to make available specified amounts for FY2007-FY2011 to such grant program. Requires the Director to obligate and spend not less than 20 of the amount available for EPSCoR on co-funding projects that are ranked by a peer-review process in the top 20 of all proposals submitted in response to an announced competition. Requires the submission of annual reports providing information concerning: (1) co-funded projects on a state-by-state basis. And (2) the amount and use of co-funding by each of the NSF's directorates. Requires the Director: (1) through the Office of Cyber Infrastructure, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's Cyber Infrastructure Initiative. And (2) through the Office of Major Research Instrumentation, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's major research instrumentation program.","title":"A bill to enhance scientific research and competitiveness through the Experimental Program to Stimulate Competitive Research, and for other purposes.","text_len":5980,"sum_len":1613} {"bill_id":"114_s444","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting Afterschool STEM Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Numerous authoritative studies document that the \n proficiency of students in the United States in science, \n technology, engineering, and mathematics (``STEM'') will have a \n major impact on the Nation's future economic competitiveness \n and on the preeminence of the United States in scientific \n inquiry and technological innovation.\n (2) Results from the National Assessment of Educational \n Progress, the Trends in International Mathematics and Science \n Study, the Programme for International Science Assessment, and \n other sources show that students in the United States are not \n demonstrating sufficient achievement in the STEM subjects and \n are not keeping pace with students in other countries.\n (3) Research demonstrates the importance of afterschool \n programs in engaging students in STEM fields and building STEM-\n relevant skills and proficiencies, especially for girls, \n students from populations traditionally underrepresented in \n STEM fields, and students from low socioeconomic circumstances.\n (4) A National Research Council consensus study confirmed \n the importance of learning that occurs in out-of-school-time \n settings such as afterschool programs and science centers, and \n proposed a set of ``strands of science learning'' framework \n that articulated capabilities fostered by informal learning \n environments.\n (5) According to a 2013 study entitled ``Defining Youth \n Outcomes for STEM Learning in Afterschool'', the afterschool \n field is confident in its ability to help young people develop \n interest in STEM and STEM learning activities, develop \n capacities to productively engage in such activities, and come \n to value them. The afterschool field is also confident that it \n can impact skills such as problem-solving abilities, \n demonstrating STEM skills, career awareness, and 21st century \n skills, such as teamwork, that are important to the workforce \n and national economic goals.\n (6) The Federal Government should use its resources as \n effectively as possible to increase opportunities for students \n to be exposed to STEM subjects outside of the school day and to \n build a balanced kindergarten through grade 12 STEM education \n portfolio that fosters learning in school as well as in out-of-\n school-time programs.\n (7) Afterschool programs have long partnered with other \n youth-serving and community organizations to meet the needs of \n students. Cross-sector collaborations between afterschool \n programs, schools, science centers, institutions of higher \n education, businesses, and other entities are yielding great \n benefits for engaging young people in STEM fields.\n (8) As interest and momentum grows around STEM programming \n in afterschool, more and better partnerships across Federal \n agencies become increasingly important to leverage resources \n and offer high-quality, hands-on STEM experiences for youth.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to enhance America's economic competitiveness by \n strengthening STEM education through fostering interest and \n success in STEM subjects among certain student populations in \n kindergarten through grade 12;\n (2) to engage Federal agencies and foster interagency \n collaboration in STEM education afterschool program \n investments;\n (3) to recognize the important role that afterschool \n programs offered by nonprofit and community-based \n organizations, science centers, museums, libraries, and other \n such entities, play in STEM education and to support their \n efforts;\n (4) to involve institutions of higher education as partners \n in such efforts and foster increased collaboration; and\n (5) to inspire young people to study and work in STEM \n subjects.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Afterschool or stem network.--The term ``afterschool or \n STEM network'' means a coalition that fosters partnerships and \n provides support to afterschool program providers and STEM \n education providers to develop and sustain quality education \n programming for children and youth in afterschool programs.\n (2) Afterschool program.--The term ``afterschool program'' \n means a structured program offered for elementary school, \n middle school, or secondary school students when school is not \n in session, such as before or after school, on the weekend, or \n during the summer.\n (3) Director.--The term ``Director'' means the Director of \n the National Science Foundation.\n (4) Elementary school.--The term ``elementary school'' has \n the meaning given the term in section 9101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7801).\n (5) Middle school.--The term ``middle school'' means a \n nonprofit institutional day or residential school, including a \n public charter school, that provides middle grades education, \n as determined under State law.\n (6) Secondary school.--The term ``secondary school'' has \n the meaning given the term in section 9101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7801).\n (7) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 102 of the Higher Education Act of 1965 (20 \n U.S.C. 1002).\n (8) STEM.--The term ``STEM'' means science, technology, \n engineering, or mathematics, and includes the fields of \n computer science and robotics.\n\nSEC. 5. AFTERSCHOOL STEM SUPPORT GRANT PROGRAM.\n\n (a) Goals of Program.--The goals of the afterschool STEM grant \nprogram carried out under this Act are--\n (1) to support the development and delivery of high-quality \n STEM education to populations underrepresented in STEM fields;\n (2) to leverage the expertise and infrastructure available \n to afterschool programs that include STEM content through \n afterschool or STEM networks;\n (3) to leverage existing Federal STEM education \n investments, as of the date of enactment of this Act, in order \n to encourage STEM-focused grant recipients to lend their time \n and expertise to afterschool programs that include STEM \n content; and\n (4) to provide hands-on learning and exposure to STEM \n research facilities and businesses through in-person or virtual \n distance-learning experiences.\n (b) Program Authorized.--\n (1) In general.--From amounts appropriated to carry out \n this Act and not reserved under paragraph (4), the Director \n shall award grants, on a competitive basis, to afterschool or \n STEM networks--\n (A) to support afterschool programs that include \n STEM content through the activities described in \n subsection (e); and\n (B) to carry out the goals described in subsection \n (a).\n (2) Duration.--Each grant awarded under this Act shall be \n for a period of not more than 3 years.\n (3) Amounts.--The Director shall ensure that each grant \n awarded under this Act is in an amount that is sufficient to \n carry out the goals described in subsection (a).\n (4) Reservation.--From the amounts appropriated for this \n grant, the Director shall reserve 20 percent of such funds to \n develop and support new afterschool or STEM networks in States \n or areas where such networks do not exist.\n (c) Application.--\n (1) In general.--An afterschool or STEM network desiring a \n grant under subsection (b)(1) shall submit an application at \n such time, in such manner, and containing such information that \n the Director may require.\n (2) Contents.--The application described in paragraph (1) \n shall, at a minimum, include--\n (A) a description of the status of afterschool STEM \n programming in the State or area in which the \n afterschool or STEM network is located, including--\n (i) the number of afterschool programs in \n the State or area;\n (ii) the number of such afterschool \n programs focused on STEM subjects and \n activities;\n (iii) the number of students served by \n existing afterschool programs, as of the date \n of the application, in the State or area;\n (iv) the number of students served by \n existing afterschool programs that include STEM \n content in the State or area;\n (v) the unmet demand for afterschool \n programs in the State or area; and\n (vi) the unmet demand for afterschool \n programs focused on STEM subjects and \n activities in the State or area;\n (B) an analysis of existing and needed resources \n that identifies areas and populations most in need of \n opportunities for high-quality afterschool programs \n that include STEM content;\n (C) a description of the current and past work \n carried out by the afterschool or STEM network to \n support the needs of afterschool program providers in \n the State or area served by the network;\n (D) a detailed plan that describes initiatives that \n shall be undertaken to--\n (i) support and grow afterschool programs \n that include STEM content; and\n (ii) leverage existing Federal investments \n in afterschool programs and STEM education, as \n of the date of the application;\n (E) a description of financial and other \n commitments that support expanded afterschool STEM \n programming in the State or area served by the network; \n and\n (F) a description of any confirmed or potential \n partners that will work with the afterschool or STEM \n network to carry out the activities under the grant.\n (d) Priority.--In awarding grants under subsection (b)(1), the \nDirector shall give priority to applications from afterschool or STEM \nnetworks that--\n (1) demonstrate a clear understanding of the afterschool \n programs and settings, and the status of afterschool programs \n that include STEM content, in the State or area to be served by \n the grant;\n (2) have established working relationships with afterschool \n program and STEM education stakeholders in the State or area;\n (3) are working to advance the availability of high-quality \n afterschool programs that include STEM content for underserved \n populations and populations underrepresented in STEM fields, \n including girls; and\n (4) are leveraging Federal or other public investments in \n STEM education or afterschool programming.\n (e) Uses of Funds.--An afterschool or STEM network that receives a \ngrant under subsection (b)(1) may use grant funds to carry out any of \nthe following activities:\n (1) Develop quality standards for STEM programming in \n afterschool programs and provide technical assistance to \n afterschool programs to implement such standards.\n (2) Work with State education stakeholders to define and \n promote appropriate measurable outcomes for afterschool \n programs that include STEM content.\n (3) Provide technical assistance to afterschool programs to \n start or grow their afterschool STEM efforts and define \n appropriate learning outcomes for such efforts.\n (4) Coordinate professional development for afterschool \n program educators by--\n (A) identifying training programs that are \n available, as of the time of the identification, for \n afterschool program educators;\n (B) working with partners to allow joint \n professional development with teachers at elementary \n schools, middle schools, and secondary schools, as \n appropriate; and\n (C) partnering with teacher training programs to \n utilize afterschool programs for practicum experiences, \n employment placements, and other opportunities.\n (5) Help afterschool program providers form strategic \n partnerships as needed to advance STEM learning in afterschool \n programs, including partnerships with elementary schools, \n middle schools, secondary schools, institutions of higher \n education (including community colleges and programs and \n schools of education), businesses, research facilities, \n national laboratories, science centers, and other appropriate \n entities.\n (6) Create and disseminate tool kits to afterschool \n programs wanting to form partnerships and incorporate STEM \n professionals as mentors and role models that--\n (A) provide technical assistance and guidance, \n including assistance in connecting afterschool program \n providers with STEM researchers and professionals who \n may be able to assist in STEM-focused activities;\n (B) include--\n (i) examples of strong afterschool programs \n that have incorporated such partnerships to \n serve as models;\n (ii) a list of potential partners that \n could assist in STEM-focused activities; and\n (iii) guidance on how to engage STEM \n professionals, mentors, and role models in the \n program; and\n (C) identify federally supported STEM education \n programs and research in the State or area served by \n the grant.\n (7) Provide technical assistance to federally funded STEM \n researchers and professionals who wish to engage with \n afterschool programs that, at a minimum, includes--\n (A) examples of partnerships between afterschool \n programs and institutions rich in STEM resources;\n (B) a resource that provides a description of the \n afterschool program setting, the opportunities for \n engagement in afterschool programs, and the constraints \n of which the researchers or professionals need to be \n aware;\n (C) how to find an afterschool program provider \n with which the researcher or professional would like to \n engage;\n (D) how to ensure an effective and productive \n partnership with the afterschool provider through \n mutually beneficial engagement, and engage in a \n productive conversation with the afterschool provider \n to determine if the partnership will be productive;\n (E) how to craft a mutually beneficial engagement \n and partnership; and\n (F) guidance on how to measure appropriate outcomes \n for afterschool programs and afterschool programs that \n include STEM content.\n (8) Any other activity, as proposed in the application and \n determined appropriate by the Director.\n (f) Report.--Each afterschool or STEM network receiving a grant \nunder subsection (b)(1) shall submit an annual report to the Director \nregarding the progress of the grant.\n\nSEC. 6. FEDERAL PARTNERSHIP WITH AFTERSCHOOL PROGRAMS.\n\n Beginning not later than 180 days after the date of enactment of \nthis Act, the Director shall provide information, to each recipient of \na STEM research grant under the authority of the Director, on \nopportunities to engage with students in out-of-school-time programs, \nsuch as through mentorships. Such information shall include--\n (1) a listing of all afterschool or STEM program networks \n in the region of the recipient;\n (2) a toolkit that provides guidance to federally funded \n STEM researchers on how to engage and partner with afterschool \n STEM program providers and lend their time and expertise in \n afterschool programs that include STEM content;\n (3) information regarding how to create opportunities to \n have students visit laboratories; and\n (4) guidance regarding how to create age-appropriate \n research projects for students.\n\nSEC. 7. REPORT.\n\n By not later than 180 days after the date of enactment of this Act, \nthe Director shall prepare and submit to Congress a report on Federal \nSTEM investments in afterschool programs and the best practices for \nafterschool programs incorporating STEM subjects into their programs.","summary":"Supporting Afterschool STEM Act Requires the Director of the National Science Foundation (NSF) to establish an afterschool STEM grant program awarding competitive grants to afterschool or STEM networks to: develop quality standards for STEM programming in afterschool programs and provide those programs with technical assistance in implementing such standards, work with state education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content, provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts, coordinate professional development for afterschool program educators, help afterschool program providers form strategic partnerships to advance STEM learning in afterschool programs, create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models, and provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs. Requires the Director to reserve 20 of the funds appropriated for such grant program to develop and support new afterschool or STEM networks in states or areas where they do not exist. Defines: (1) an quot, afterschool programquot. As a structured program offered for elementary, middle, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer, and (2) an quot, afterschool or STEM networkquot. As a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers. Includes as goals of the grant program: (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields, and (2) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. Requires the Director to provide each recipient of a STEM research grant who is under the Director's authority with information on opportunities to engage with students in out-of-school-time programs, such as through mentorships.","title":"Supporting Afterschool STEM Act","text_len":18267,"sum_len":2272} {"bill_id":"114_s980","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defense of Environment and Property \nAct of 2015''.\n\nSEC. 2. NAVIGABLE WATERS.\n\n (a) In General.--Section 502 of the Federal Water Pollution Control \nAct (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting \nthe following:\n ``(7) Navigable waters.--\n ``(A) In general.--The term `navigable waters' \n means the waters of the United States, including the \n territorial seas, that are--\n ``(i) navigable-in-fact; or\n ``(ii) permanent, standing, or continuously \n flowing bodies of water that form geographical \n features commonly known as streams, oceans, \n rivers, and lakes that are connected to waters \n that are navigable-in-fact.\n ``(B) Exclusions.--The term `navigable waters' does \n not include (including by regulation)--\n ``(i) waters that--\n ``(I) do not physically abut waters \n described in subparagraph (A); and\n ``(II) lack a continuous surface \n water connection to navigable waters;\n ``(ii) man-made or natural structures or \n channels--\n ``(I) through which water flows \n intermittently or ephemerally; or\n ``(II) that periodically provide \n drainage for rainfall; or\n ``(iii) wetlands without a continuous \n surface connection to bodies of water that are \n waters of the United States.\n ``(C) EPA and corps activities.--An activity \n carried out by the Administrator or the Corps of \n Engineers shall not, without explicit State \n authorization, impinge upon the traditional and primary \n power of States over land and water use.\n ``(D) Aggregation; wetlands.--\n ``(i) Aggregation.--Aggregation of wetlands \n or waters not described in clauses (i) through \n (iii) of subparagraph (B) shall not be used to \n determine or assert Federal jurisdiction.\n ``(ii) Wetlands.--Wetlands described in \n subparagraph (B)(iii) shall not be considered \n to be under Federal jurisdiction.\n ``(E) Judicial review.--If a jurisdictional \n determination by the Administrator or the Secretary of \n the Army would affect the ability of a State or \n individual property owner to plan the development and \n use (including restoration, preservation, and \n enhancement) of land and water resources, the State or \n individual property owner may obtain expedited judicial \n review not later than 30 days after the date on which \n the determination is made in a district court of the \n United States, of appropriate jurisdiction and venue, \n that is located within the State seeking the review.\n ``(F) Treatment of ground water.--Ground water \n shall--\n ``(i) be considered to be State water; and\n ``(ii) not be considered in determining or \n asserting Federal jurisdiction over isolated or \n other waters, including intermittent or \n ephemeral water bodies.\n ``(G) Prohibition on use of nexus test.--\n Notwithstanding any other provision of law, the \n Administrator may not use a significant nexus test (as \n used by EPA in the proposed document listed in section \n 3(a)(1)) to determine Federal jurisdiction over \n navigable waters and waters of the United States.''.\n (b) Applicability.--Nothing in this section or the amendments made \nby this section affects or alters any exemption under--\n (1) section 402(l) of the Federal Water Pollution Control \n Act (33 U.S.C. 1342(l)); or\n (2) section 404(f) of the Federal Water Pollution Control \n Act (33 U.S.C. 1344(f)).\n\nSEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.\n\n (a) In General.--The following regulations and guidance shall have \nno force or effect:\n (1) The final rule of the Corps of Engineers entitled \n ``Final Rule for Regulatory Programs of the Corps of \n Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).\n (2) The proposed rule of the Environmental Protection \n Agency entitled ``Advance Notice of Proposed Rulemaking on the \n Clean Water Act Regulatory Definition of `Waters of the United \n States''' (68 Fed. Reg. 1991 (January 15, 2003)).\n (3) The guidance document entitled ``Clean Water Act \n Jurisdiction Following the U.S. Supreme Court's Decision in \n `Rapanos v. United States' & `Carabell v. United States''' \n (December 2, 2008) (relating to the definition of waters under \n the jurisdiction of the Federal Water Pollution Control Act (33 \n U.S.C. 1251 et seq.)).\n (4) Any subsequent regulation of or guidance issued by any \n Federal agency that defines or interprets the term ``navigable \n waters'' or ``waters of the United States''.\n (b) Prohibition.--The Secretary of the Army, acting through the \nChief of Engineers, and the Administrator of the Environmental \nProtection Agency shall not promulgate any rules or issue any guidance \nthat expands or interprets the definition of navigable waters unless \nexpressly authorized by Congress.\n\nSEC. 4. STATE REGULATION OF WATER.\n\n Nothing in this Act affects, amends, or supersedes--\n (1) the right of a State to regulate waters in the State; \n or\n (2) the duty of a landowner to adhere to any State nuisance \n laws (including regulations) relating to waters in the State.\n\nSEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.\n\n Section 308 of the Federal Water Pollution Control Act (33 U.S.C. \n1318) is amended by striking subsection (a) and inserting the \nfollowing:\n ``(a) In General.--\n ``(1) Entry by federal agency.--A representative of a \n Federal agency shall only enter private property to collect \n information about navigable waters if the owner of that \n property--\n ``(A) has consented to the entry in writing;\n ``(B) is notified regarding the date of the entry; \n and\n ``(C) is given access to any data collected from \n the entry.\n ``(2) Access.--If a landowner consents to entry under \n paragraph (1), the landowner shall have the right to be present \n at the time any data collection on the property of the \n landowner is carried out.''.\n\nSEC. 6. COMPENSATION FOR REGULATORY TAKING.\n\n (a) In General.--If a Federal regulation relating to the definition \nof navigable waters or waters of the United States diminishes the fair \nmarket value or economic viability of a property, as determined by an \nindependent appraiser, the Federal agency issuing the regulation shall \npay the affected property owner an amount equal to twice the value of \nthe loss.\n (b) Administration.--Any payment provided under subsection (a) \nshall be made from the amounts made available to the relevant agency \nhead for general operations of the agency.\n (c) Applicability.--A Federal regulation described in subsection \n(a) shall have no force or effect until the date on which each \nlandowner with a claim under this section relating to that regulation \nhas been compensated in accordance with this section.","summary":"Defense of Environment and Property Act of 2015 This bill amends the Federal Water Pollution Control Act to specify the types of water bodies that are quot, navigable watersquot. And therefore fall under the scope of the Act. Groundwater is considered to be state water. Activities carried out by the Environmental Protection Agency (EPA) or the US Army Corps of Engineers may not impinge upon states' power over land and water use. States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination. The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The following rules are nullified: (1) the Army Corps' rule entitled quot, Final Rule for Regulatory Programs of the Corps of Engineers,quot, (2) the EPA's proposed rule entitled quot. Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'quot, (3) the guidance document entitled quot. Clean Water Act Jurisdiction Following the US Supreme Court's Decision in Rapanos v. United States amp, Carabell v. United Statesquot. , and (4) any subsequent regulation or guidance issued by federal agencies that defines or interprets the term quot, navigable waters. quot. The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. Federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect.","title":"Defense of Environment and Property Act of 2015","text_len":8325,"sum_len":2132} {"bill_id":"108_hr5162","text":"SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND \n LOCAL LAW ENFORCEMENT AGENCIES.\n\n (a) Reports on Locations, Types, and Amounts of Stored Explosive \nMaterials.--\n (1) Initial reports.--Within 6 months after the date of the \n enactment of this Act, each State shall submit to the Attorney \n General a written report that specifies each location at which \n any law enforcement agency operating under State law stores or \n keeps explosive materials that have been shipped or transported \n in interstate or foreign commerce, and the types and amounts of \n such materials stored or kept at the location.\n (2) Subsequent reports.--At such times as the Attorney \n General shall provide in regulations, each State shall submit \n to the Attorney General a written report that updates the most \n recent report submitted by the agency pursuant to this \n subsection.\n (b) Regulations Governing Storage of Explosive Materials.--Within 6 \nmonths after the date of the enactment of this Act, the Attorney \nGeneral shall prescribe final regulations governing the storage and \nkeeping by State and local law enforcement agencies of explosive \nmaterials that have been shipped or transported in interstate or \nforeign commerce. The regulations shall set forth the standards of \npublic safety and security against theft which any place at which \nexplosive materials that have been shipped or transported in interstate \nor foreign commerce are so stored or kept shall meet, and shall, at a \nminimum, require any such place to be subject to video surveillance or \nto have in operation an alarm system capable of notifying the agency of \nunauthorized entry.\n (c) Inspection Authority.--The Attorney General may enter during \nbusiness hours any place where a State or local law enforcement agency \nstores or keeps explosive materials that have been shipped or \ntransported in interstate or foreign commerce, for the purpose of \ninspecting the explosive materials and determining whether the \nmaterials are being stored or kept in compliance with the regulations \nprescribed under subsection (b).\n (d) Authority to Impose Penalty for Noncompliance.--\n (1) Authority to reduce grants.--If a State or local law \n enforcement agency fails to comply with this section or any \n regulation prescribed under this section, the Attorney General \n may reduce by 10 percent the funds that the agency would \n otherwise receive, or would otherwise be allocated, under any \n grant program of the Department of Justice.\n (2) Reallocation of funds.--Any funds that are not \n allocated to a State or local law enforcement agency by reason \n of paragraph (1) shall be reallocated to other State or local \n law enforcement agencies whose grants are not reduced by reason \n of paragraph (1).\n\nSEC. 2. MATCHING GRANTS.\n\n (a) Application.--A State or local law enforcement agency may \nsubmit to the Attorney General an application for a grant under this \nsection, which shall contain--\n (1) a good faith estimate of the total amount the agency \n will need to expend to comply with the regulations prescribed \n under section 1(b); and\n (2) a certification that the agency has obtained \n commitments to receive from State or local sources sums \n totalling not less than \\1\/2\\ of the amount referred to in \n paragraph (1), and will expend the sums to achieve such \n compliance.\n (b) Grant Authority.--The Attorney General may make a grant under \nthis section to an applicant therefor if--\n (1) the application contains the information required by \n subsection (a)(1) of this section; and\n (2) the applicant has submitted to the Attorney General all \n reports required from the applicant by or under section 1(a).\n (c) Amount of Grant.--The amount of the grant to be made to an \napplicant under this section shall not exceed \\1\/2\\ of the amount set \nforth in the application pursuant to subsection (a)(1).\n (d) Use of Grant.--An applicant who receives a grant under this \nsection shall use the grant only to cover the cost of complying with \nthe regulations prescribed under section 1(b).\n (e) Limitations on Authorization of Appropriations.--For grants \nunder this section, there are authorized to be appropriated to the \nAttorney General $10,000,000, without fiscal year limitation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Explosive materials.--The term ``explosive materials'' \n has the meaning given in section 841(c) of title 18, United \n States Code.\n (2) Law enforcement agency.--The term ``law enforcement \n agency'' does not include any component of the National Guard.\n (3) State.--The term ``State'' includes the District of \n Columbia.","summary":"Requires each State to submit to the Attorney General a written report that specifies each location at which a State law enforcement agency stores explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by such agencies, including public safety and security standards and requirements for video surveillance or an alarm system. Authorizes the Attorney General to: (1) make matching grants to State and local law enforcement agencies for complying with such regulations. (2) enter any place where such an agency keeps such explosive materials for inspection and compliance determinations. And (3) reduce by ten percent the funds that an agency would otherwise receive under any Department of Justice grant program if the agency fails to comply.","title":"To provide for the safe and secure storage of explosive materials by State and local law enforcement agencies.","text_len":5004,"sum_len":913} {"bill_id":"114_hr6121","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Climate Resiliency, Security, and \nSource Water Protection Act''.\n\nSEC. 2. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION \n PLANNING.\n\n Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is \namended to read as follows:\n\n``SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION.\n\n ``(a) Source Water and Distribution System Vulnerability \nAssessments.--\n ``(1) In general.--Not later than 24 months after the date \n of enactment of the Climate Resiliency, Security, and Source \n Water Protection Act, each community water system shall submit \n to the Administrator source water and distribution system \n vulnerability assessments.\n ``(2) Identification of threats.--Assessments submitted \n pursuant to paragraph (1) shall identify--\n ``(A) threats to the community water system's \n source water from industrial activity, pipelines and \n storage tanks, contaminated sites, agricultural \n activity, and oil and gas exploration;\n ``(B) threats to the community water system's \n source water and distribution system from climate \n change, extreme weather, drought, and temperature \n changes; and\n ``(C) threats to the community water system's \n source water and distribution system from intentional \n acts, including intentional contamination, sabotage, \n and theft of any chemical of interest (as designated \n under Appendix A to part 27 of title 6, Code of Federal \n Regulations, or any successor thereto).\n ``(3) Assessment of alternatives.--Assessments submitted \n pursuant to paragraph (1) shall include a comparison of the \n disinfection methods used by the community water system and \n reasonably available alternative disinfection methods, \n including a determination of whether reasonably available \n alternative disinfection methods could reduce the community \n water system's vulnerability to the threats identified pursuant \n to paragraph (2).\n ``(4) Periodic review and resubmission.--Each community \n water system submitting a vulnerability assessment pursuant to \n paragraph (1) shall review, revise as necessary, and resubmit \n such assessment not less often than every 5 years.\n ``(5) Guidance.--Not later than 1 year after the date of \n enactment of the Climate Resiliency, Security, and Source Water \n Protection Act, the Administrator shall provide guidance to \n community water systems for the preparation of vulnerability \n assessments under this subsection.\n ``(b) Source Water and Distribution System Protection Plans.--\n ``(1) In general.--Not later than 4 years after the date of \n enactment of the Climate Resiliency, Security, and Source Water \n Protection Act, each community water system shall submit to the \n Administrator source water and distribution system protection \n plans.\n ``(2) Mitigation of identified threats.--Plans submitted \n pursuant to paragraph (1) shall identify strategies and \n resources to mitigate the threats identified in assessments \n prepared pursuant to subsection (a).\n ``(3) Emergency response planning.--Plans submitted \n pursuant to paragraph (1) shall include specific emergency \n response plans for the threats identified in assessments \n prepared pursuant to subsection (a).\n ``(4) Periodic review and resubmission.--Each community \n water system submitting a plan pursuant to paragraph (1) shall \n review, revise as necessary, and resubmit such plan not less \n often than every 5 years.\n ``(5) Guidance.--Not later than one year after the date of \n enactment of the Climate Resiliency, Security, and Source Water \n Protection Act, the Administrator shall provide guidance to \n community water systems for the preparation of plans under this \n subsection.\n ``(c) Technical Assistance and Grants.--\n ``(1) In general.--The Administrator shall establish and \n implement a program, to be known as the Drinking Water \n Infrastructure Resiliency and Sustainability Program, under \n which the Administrator may award grants in each of fiscal \n years 2017 through 2021 to owners or operators of community \n water systems for the purpose of increasing the resiliency or \n adaptability of the community water systems to threats \n identified pursuant to subsection (a).\n ``(2) Use of funds.--As a condition on receipt of a grant \n under this section, an owner or operator of a community water \n system shall agree to use the grant funds exclusively to assist \n in the planning, design, construction, implementation, \n operation, or maintenance of a program or project consistent \n with a plan developed pursuant to subsection (b).\n ``(3) Priority.--\n ``(A) Water systems at greatest and most immediate \n risk.--In selecting grantees under this subsection, the \n Administrator shall give priority to applicants that \n are owners or operators of community water systems that \n are, based on the best available research and data, at \n the greatest and most immediate risk of facing \n significant negative impacts due to threats described \n in subsection (a)(2).\n ``(B) Goals.--In selecting among applicants \n described in subparagraph (A), the Administrator shall \n ensure that, to the maximum extent practicable, the \n final list of applications funded for each year \n includes a substantial number that propose to use \n innovative approaches to meet one or more of the \n following goals:\n ``(i) Promoting more efficient water use, \n water conservation, water reuse, or water \n recycling.\n ``(ii) Using decentralized, low-impact \n development technologies and nonstructural \n approaches, including practices that use, \n enhance, or mimic the natural hydrological \n cycle or protect natural flows.\n ``(iii) Reducing stormwater runoff or \n flooding by protecting or enhancing natural \n ecosystem functions.\n ``(iv) Modifying, upgrading, enhancing, or \n replacing existing community water system \n infrastructure in response to changing \n hydrologic conditions.\n ``(v) Improving water quality or quantity \n for agricultural and municipal uses, including \n through salinity reduction.\n ``(vi) Providing multiple benefits, \n including to water supply enhancement or demand \n reduction, water quality protection or \n improvement, increased flood protection, and \n ecosystem protection or improvement.\n ``(4) Cost-sharing.--\n ``(A) Federal share.--The share of the cost of any \n activity that is the subject of a grant awarded by the \n Administrator to the owner or operator of a community \n water system under this subsection shall not exceed 50 \n percent of the cost of the activity.\n ``(B) Calculation of non-federal share.--In \n calculating the non-Federal share of the cost of an \n activity proposed by a community water system in an \n application submitted under this subsection, the \n Administrator shall--\n ``(i) include the value of any in-kind \n services that are integral to the completion of \n the activity, including reasonable \n administrative and overhead costs; and\n ``(ii) not include any other amount that \n the community water system involved receives \n from the Federal Government.\n ``(5) Report to congress.--Not later than 3 years after the \n date of the enactment of the Climate Resiliency, Security, and \n Source Water Protection Act, and every 3 years thereafter, the \n Administrator shall submit to the Congress a report on progress \n in implementing this subsection, including information on \n project applications received and funded annually.\n ``(6) Authorization of appropriations.--To carry out this \n subsection, there are authorized to be appropriated $50,000,000 \n for each of fiscal years 2017 through 2021.''.","summary":"Climate Resiliency, Security, and Source Water Protection Act This bill amends the Safe Drinking Water Act by requiring each community water system to submit to the Environmental Protection Agency (EPA) source water and distribution system vulnerability assessments that identify threats from: industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration, climate change, extreme weather, drought, and temperature changes. And intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest. Each community water system must also submit to the EPA protection plans that mitigate the threats to source water and distribution systems. The EPA must establish a grant program for increasing the resiliency or adaptability of the community water systems to threats.","title":"Climate Resiliency, Security, and Source Water Protection Act","text_len":9504,"sum_len":859} {"bill_id":"103_s855","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alaska Peninsula Subsurface \nConsolidation Act of 1993''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Agency.--The term agency--\n (A) means--\n (i) any instrumentality of the United \n States; and\n (ii) any Government corporation (as defined \n in section 9101(1) of title 31, United States \n Code); and\n (B) includes any element of an agency.\n (2) Alaska native corporation.--The term ``Alaska Native \n Corporation'' has the same meaning as is provided for ``Native \n Corporation'' in section 3(m) of the Alaska Native Claims \n Settlement Act (43 U.S.C. 1602(m)).\n (3) Koniag.--The term ``Koniag'' means Koniag, \n Incorporated, which is a Regional Corporation.\n (4) Koniag account.--The term ``Koniag Account'' means the \n account established under section 4.\n (5) Property.--The term ``property'' has the same meaning \n as is provided in section 12(b)(7)(vii) of Public Law 94-204 \n (43 U.S.C. 1611 note).\n (6) Regional corporation.--The term ``Regional \n Corporation'' has the same meaning as is provided in section \n 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. \n 1602(g)).\n (7) Secretary.--Except as otherwise provided, the term \n ``Secretary'' means the Secretary of the Interior.\n (8) Selection rights.--The term ``selection rights'' means \n those rights granted to Koniag, pursuant to subsections (a) and \n (b) of section 12, and section 14(h)(8), of the Alaska Native \n Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to \n receive title to the oil and gas rights and other interests in \n the subsurface estate of the approximately 275,000 acres of \n public lands in the State of Alaska identified as ``Koniag \n Selections'' on the map entitled ``Koniag Interest Lands, \n Alaska Peninsula'', dated May 1989.\n\nSEC. 3. ACQUISITION OF KONIAG SELECTION RIGHTS.\n\n -(-a-) -I-n -G-e-n-e-r-a-l-.--\n -(-1-) -T-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t \n -a-n-d -a-c-c-e-p-t-a-n-c-e-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y \n -r-e-c-e-i-v-e-s -f-r-o-m -K-o-n-i-a-g -a -t-i-m-e-l-y \n -t-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -o-f -t-h-e \n -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y \n -s-h-a-l-l---\n -(-A-) -a-c-c-e-p-t -t-h-e -t-e-n-d-e-r -n-o-t \n -l-a-t-e-r -t-h-a-n -6-0 -d-a-y-s -a-f-t-e-r -t-h-e \n -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -o-f -t-h-e \n -t-e-n-d-e-r-; -a-n-d\n -(-B-) -n-o-t-i-f-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f \n -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e \n -a-c-c-e-p-t-a-n-c-e -o-f -t-h-e -t-e-n-d-e-r-.\n -(-2-) -T-i-m-e-l-i-n-e-s-s-.---\n -(-A-) -I-n -g-e-n-e-r-a-l-.----F-o-r -t-h-e \n -p-u-r-p-o-s-e -o-f -p-a-r-a-g-r-a-p-h -(-1-) -a-n-d \n -s-u-b-j-e-c-t -t-o -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-, \n -a -t-e-n-d-e-r -b-y -K-o-n-i-a-g -s-h-a-l-l -b-e \n -t-i-m-e-l-y -i-f -t-h-e -t-e-n-d-e-r -i-s \n -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -n-o-t \n -l-a-t-e-r -t-h-a-n -1-8-0 -d-a-y-s -a-f-t-e-r -t-h-e \n -l-a-t-e-r -o-f---\n -(-i-) -t-h-e -d-a-t-e -o-f -t-h-e \n -r-e-c-e-i-p-t -b-y -K-o-n-i-a-g -o-f -t-h-e \n -d-e-t-e-r-m-i-n-a-t-i-o-n -b-y -t-h-e \n -S-e-c-r-e-t-a-r-y -o-f -t-h-e -v-a-l-u-e -o-f \n -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s \n -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n \n -(-b-)-; -o-r\n -(-i-i-) -t-h-e -d-a-t-e -o-f -t-h-e \n -f-i-n-a-l -r-e-s-o-l-u-t-i-o-n -o-f -a-n-y \n -d-i-s-p-u-t-e -r-e-g-a-r-d-i-n-g -t-h-e \n -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n \n -r-i-g-h-t-s -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n \n -(-b-)-.\n -(-B-) -M-o-d-i-f-i-c-a-t-i-o-n-.----T-h-e \n -S-e-c-r-e-t-a-r-y -a-n-d -K-o-n-i-a-g -m-a-y \n -a-g-r-e-e -t-o -m-o-d-i-f-y -t-h-e -d-e-a-d-l-i-n-e \n -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r \n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)-.\n (a) The Secretary shall determine, pursuant to subsection (b) \nhereof, the value of Selection Rights which Koniag possesses within the \nboundaries of Aniakchak National Monument and Preserve, Alaska \nPeninsula National Wildlife Refuge, and Becharof National Wildlife \nRefuge.\n (b) Value.--\n (1) In general.--The value of the selection rights shall be \n equal to the fair market value of--\n (A) the oil and gas interests in the lands or \n interests in lands that are the subject of the \n selection rights; and\n (B) in the case of the lands or interests in lands \n for which Koniag is to receive the entire subsurface \n estate, the subsurface estate of the lands or interests \n in lands that are the subject of the selection rights.\n (2) Appraisal.--\n (A) Selection of appraiser.--\n (i) In general.--Not later than 90 days \n after the date of enactment of this Act, the \n Secretary and Koniag shall meet to select a \n qualified appraiser to conduct an appraisal of \n the selection rights. Subject to clause (ii), \n the appraiser shall be selected by the mutual \n agreement of the Secretary and Koniag.\n (ii) Failure to agree.--If the Secretary \n and Koniag fail to agree on an appraiser by the \n date that is 60 days after the date of the \n initial meeting referred to in clause (i), the \n Secretary and Koniag shall, by the date that is \n not later than 90 days after the date of the \n initial meeting, each designate an appraiser \n who is qualified to perform the appraisal. The \n 2 appraisers so identified shall select a third \n qualified appraiser who shall perform the \n appraisal.\n (B) Standards and methodology.--The appraisal \n shall--\n (i) be conducted in conformity with the \n standards of the Appraisal Foundation (as \n defined in section 1121(9) of the Financial \n Institutions Reform, Recovery, and Enforcement \n Act of 1989 (12 U.S.C. 3350(9)); and\n -(-i-i-) -u-t-i-l-i-z-e -t-h-e \n -m-e-t-h-o-d-o-l-o-g-y -c-u-s-t-o-m-a-r-i-l-y \n -u-s-e-d -b-y -t-h-e -M-i-n-e-r-a-l-s \n -M-a-n-a-g-e-m-e-n-t -S-e-r-v-i-c-e -o-f -t-h-e \n -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e \n -I-n-t-e-r-i-o-r-.\n (ii) utilize risk adjusted discounted cash \n flow methodology.\n (C) Submission of appraisal report.--Not later than \n 180 days after the selection of an appraiser pursuant \n to subparagraph (A), the appraiser shall submit to the \n Secretary and to Koniag a written appraisal report \n specifying the value of the selection rights and the \n methodology used to arrive at the value.\n (3) Determination of value.--\n (A) Determination by the secretary.--Not later than \n 60 days after the date of the receipt of the appraisal \n report under paragraph (2)(C), the Secretary shall \n determine the value of the selection rights and shall \n notify Koniag of the determination.\n (B) Alternative determination of value.--\n (i) In general.--Subject to clause (ii), if \n Koniag does not agree with the value determined \n by the Secretary under subparagraph (A), the \n procedures specified in section 206(d) of the \n Federal Land Policy and Management Act of 1976 \n (43 U.S.C. 1716(d)) shall be used to establish \n the value.\n (ii) Average value limitation.--The average \n value per acre of the selection rights shall \n not be more than $300.\n\n-S-E-C-. -4-. -K-O-N-I-A-G -A-C-C-O-U-N-T-.\n\n -(-a-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.--\n -(-1-) -I-n -g-e-n-e-r-a-l-.----I-f -t-h-e \n -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -i-s \n -n-o-t-i-f-i-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n \n -3-(-a-)-(-1-)-(-B-)-, -o-n -O-c-t-o-b-e-r -1-, -1-9-9-7-, \n -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y-, -i-n \n -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y-, \n -s-h-a-l-l -e-s-t-a-b-l-i-s-h -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f \n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n -a-c-c-o-u-n-t -t-o -b-e \n -k-n-o-w-n -a-s -t-h-e -`-`-K-o-n-i-a-g -A-c-c-o-u-n-t-'-'-.\n -(-2-) -I-n-i-t-i-a-l -b-a-l-a-n-c-e-.----T-h-e \n -i-n-i-t-i-a-l -b-a-l-a-n-c-e -o-f -t-h-e -K-o-n-i-a-g \n -A-c-c-o-u-n-t -s-h-a-l-l -b-e -e-q-u-a-l -t-o -t-h-e \n -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -a-s \n -d-e-t-e-r-m-i-n-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n \n -3-(-b-)-.\n\nSEC. 4. KONIAG ACCOUNT.\n\n (a) In General.--\n (1) The Secretary shall enter into negotiations for an \n agreement or agreements to exchange Federal lands or interests \n therein which are in the State of Alaska for the Koniag \n Selection Rights referred to in section 3.\n (2) If the value of the Federal lands to be exchanged is \n less than the value of the Koniag Selection Rights established \n in section 3, then the Secretary may exchange the Federal lands \n for an equivalent portion of the Koniag Selection Rights. The \n remaining selection rights shall remain available for \n additional exchanges.\n (3) For purposes of this section, the term ``Federal \n lands'' means lands or interests therein located in Alaska, \n administered by the Secretary and the title to which is in the \n United States but excluding all lands and interests therein \n which are located within a conservation system unit as defined \n in the Alaska National Interest Lands Conservation Act section \n 102(4).\n (b) Account.--\n (1) In general.--With respect to any Koniag Selection \n Rights for which an exchange has not been completed by October \n 1, 2004 (hereafter in this section referred to as ``remaining \n selection rights''), the Secretary of the Treasury, in \n consultation with the Secretary, shall, notwithstanding any \n other provision of law, establish in the Treasury of the United \n States, an account to be known as the Koniag Account. Upon the \n relinquishment of the remaining selection rights to the United \n States, the Secretary shall credit the Koniag Account in the \n amount of the appraised value of the remaining selection \n rights.\n (2) Initial balance.--The initial balance of the Koniag \n Account shall be equal to the value of the selection rights as \n determined pursuant to section 3(b).\n (3) Use of account.--\n (A) In general.--Amounts in the Koniag Account \n shall--\n (i) be made available by the Secretary of \n the Treasury to Koniag for bidding on and \n purchasing property sold at public sale, \n subject to the conditions described in this \n paragraph; and\n (ii) remain available until expended.\n (B) Assignment.--\n (i) In general.--Subject to clause (ii) and \n notwithstanding any other provision of law, the \n right to request the Secretary of the Treasury \n to withdraw funds from the Koniag Account shall \n be assignable in whole or in part by Koniag.\n (ii) Notice of assignment.--No assignment \n shall be recognized by the Secretary of the \n Treasury until Koniag files written notice of \n the assignment with the Secretary of the \n Treasury and the Secretary.\n (C) Bidding and purchasing.--\n (i) In general.--Koniag may use the Koniag \n Account to--\n (I) bid, in the same manner as any \n other bidder, for any property at any \n public sale by an agency; and\n (II) purchase the property in \n accordance with applicable laws, \n including the regulations of the agency \n offering the property for sale.\n (ii) Requirements for agencies.--In \n conducting a transaction described in clause \n (i), an agency shall accept, in the same manner \n as cash, an amount tendered from the Koniag \n Account.\n (iii) Adjustment of balance.--The Secretary \n of the Treasury shall adjust the balance of the \n Koniag Account to reflect each transaction \n under clause (i).\n (4) Special procedures.--The Secretary of the Treasury, in \n consultation with the Secretary, shall establish procedures to \n permit the Koniag Account to--\n (A) receive deposits;\n (B) make deposits into escrow when an escrow is \n required for the sale of any property; and\n (C) reinstate to the Koniag Account any unused \n escrow deposits if a sale is not consummated.\n -(-b-) (c) Treatment of Amounts From Account.--The Secretary of the \nTreasury shall--\n (1) deem as a cash payment any amount tendered from the \n Koniag Account and received by an agency as a proceed from a \n public sale of property; and\n (2) make any transfer necessary to permit the agency to use \n the proceed in the event an agency is authorized by law to use \n the proceed for a specific purpose.\n -(-c-) (d) Requirement for the Administration of Sales.--\n (1) In general.--Subject to paragraph (2), the Secretary of \n the Treasury and the heads of agencies shall administer sales \n described in subsection (a)(3)(C) in the same manner as is \n provided for any other Alaska Native Corporation that--\n (A) is authorized by law as of the date of \n enactment of this Act; and\n (B) has an account similar to the Koniag Account \n for bidding on and purchasing property sold for public \n sale.\n (2) Prohibition.--Amounts in an account established for the \n benefit of a specific Alaska Native Corporation may not be used \n to satisfy the property purchase obligations of any other \n Alaska Native Corporation.\n -(-d-) -D-i-v-i-s-i-o-n -o-f -R-e-v-e-n-u-e-s-.----T-h-e \n-s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -s-h-a-l-l -b-e -d-e-e-m-e-d -t-o -b-e \n-a-n -i-n-t-e-r-e-s-t -i-n -t-h-e -s-u-b-s-u-r-f-a-c-e -e-s-t-a-t-e \n-f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -s-e-c-t-i-o-n -7-(-i-) -o-f -t-h-e \n-A-l-a-s-k-a -N-a-t-i-v-e -C-l-a-i-m-s -S-e-t-t-l-e-m-e-n-t -A-c-t \n-(-4-3 -U-.-S-.-C-. -1-6-0-6-(-i-)-)-.\n (e) Revenues.--The Koniag Account shall be deemed to be an interest \nin the subsurface for purposes of section 7(i) of the Alaska Native \nClaims Settlement Act (43 U.S.C. 1601 et seq.).\n\nSEC. 5. CERTAIN CONVEYANCES.\n\n (a) Interests in Land.--For the purpose of section 21(c) of the \nAlaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following \nshall be deemed to be an interest in land:\n (1) The establishment of the Koniag Account and the right \n of Koniag to request the Secretary of the Treasury to withdraw \n funds from the Koniag Account.\n (2) The receipt by a Settlement Trust (as defined in \n section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by \n Koniag of any right in the Koniag Account.\n (b) Authority to Appoint Trustees.--In establishing a Settlement \nTrust under section 39 of such Act (43 U.S.C. 1629e), Koniag may \ndelegate the authority granted to Koniag under subsection (b)(2) of \nsuch section to any entity that Koniag may select without affecting the \nstatus of the Settlement Trust under this section.\nS 855 RS----2","summary":"Alaska Peninsula Subsurface Consolidation Act of 1993 - Directs the Secretary of the Interior to determine the value of rights granted to Koniag, Incorporated, purusant to the Alaska Native Claims Settlement Act to receive title to the oil and gas rights and other interests in the subsurface estate of specified public lands in Alaska which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge. Specifies that the value of such rights shall be equal to the fair market value of: (1) the oil and gas interests in the lands that are the subject of the selection rights. And (2) in the case of the lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands that are the subject of such rights. Directs the Secretary and Koniag to meet to select a qualified appraiser to conduct an appraisal of the selection rights in conformity with the standards of the Appraisal Foundation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, utilizing a risk adjusted discounted cash flow methodology. Sets forth provisions regarding: (1) submission of the appraisal report, (2) determination of the value of the selection rights. And (3) an alternative determination of value if Koniag disagrees with the value determined by the Secretary. Directs: (1) the Secretary to enter into negotiations for an agreement to exchange Federal lands in Alaska for the Koniag selection rights. And (2) the Secretary of the Treasury, regarding any such rights for which an exchange has not been completed by October 1, 2004, to establish within the Treasury the Koniag Account and, upon relinquishment of such remaining rights to the United States, to credit the Account in the amount of the appraised value of such rights. Requires the Secretary of the Treasury to make amounts in the Account available to Koniag for bidding on and purchasing property sold at public sale.","title":"Alaska Peninsula Subsurface Consolidation Act of 1993","text_len":18119,"sum_len":2023} {"bill_id":"115_hr5730","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transportation Security Technology \nInnovation Reform Act of 2018''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administration.--The term ``Administration'' means the \n Transportation Security Administration.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of the Administration.\n (3) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Homeland Security of the House of Representatives and the \n Committee on Commerce, Science, and Transportation of the \n Senate.\n (4) Department.--The term ``Department'' means the \n Department of Homeland Security.\n\nSEC. 3. TRANSPORTATION SYSTEMS INTEGRATION FACILITY.\n\n (a) In General.--There is established in the Administration a \nTransportation Security Administration Systems Integration Facility \n(TSIF) for the purposes of testing and evaluating advanced \ntransportation security screening technologies related to the mission \nof the Administration. The TSIF shall--\n (1) evaluate such technologies to enhance the security of \n transportation systems through screening and threat mitigation \n and detection;\n (2) conduct testing of such technologies to support \n identified mission needs of the Administration and to meet \n requirements for acquisitions and procurement;\n (3) to the extent practicable, provide original equipment \n manufacturers with test plans to minimize requirement \n interpretation disputes and adhere to provided test plans;\n (4) collaborate with other technical laboratories and \n facilities for purposes of augmenting TSIF's capabilities;\n (5) deliver advanced transportation security screening \n technologies that enhance the overall security of domestic \n transportation systems; and\n (6) to the extent practicable, provide funding and promote \n efforts to enable participation by a small business concern (as \n such term is described under section 3 of the Small Business \n Act (15 U.S.C. 632)) that has an advanced technology or \n capability but does not have adequate resources to participate \n in testing and evaluation processes.\n (b) Staffing and Resource Allocation.--The Administrator shall \nensure adequate staffing and resource allocations for the TSIF in a \nmanner which--\n (1) prevents unnecessary delays in testing and evaluating \n advanced transportation security screening technologies for \n acquisitions and procurement determinations;\n (2) ensures the issuance of final paperwork certification \n does not exceed 45 days after the conclusion of such testing \n and evaluation; and\n (3) collaborates with technology stakeholders to close \n capabilities gaps in transportation security.\n (c) Timeframe.--\n (1) In general.--The Administrator shall notify the \n appropriate congressional committees whenever testing and \n evaluation by TSIF of an advanced transportation security \n screening technology under this section exceeds 180 days as \n determined from the date on which the owner of such technology \n turned over such technology to the Administration after \n installation for testing and evaluation purposes, as evidenced \n by a signed Test Readiness Notification from such owner to the \n Administration. Such notification shall include--\n (A) information relating to the arrival date of \n such technology;\n (B) reasons why the testing and evaluation process \n has exceeded 180 days; and\n (C) an estimated time for completion of such \n testing and evaluation.\n (2) Retesting and evaluation.--Advanced transportation \n security screening technology that fails testing and evaluation \n by the TSIF may be retested and evaluated.\n (d) Relationship to Other Department Entities and Federal \nAgencies.--The authority of the Administrator under this title shall \nnot affect the authorities or responsibilities of any officer of the \nDepartment or of any officer of any other department or agency of the \nUnited States with respect to research, development, testing, and \nevaluation, including the authorities and responsibilities of the \nUndersecretary for Science and Technology of the Department and the \nCountering Weapons of Mass Destruction Office of the Department.\n\nSEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS PROCESS.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Administrator shall, in coordination with \nrelevant officials of the Department, conduct a review of existing \nadvanced transportation security screening technology development, \nacquisitions, and procurement practices within the Administration. Such \nreview shall include--\n (1) identifying process delays and bottlenecks within the \n Department and the Administration regarding how such technology \n is identified, developed, acquired, and deployed;\n (2) assessing whether the Administration can better \n leverage existing resources or processes of the Department for \n the purposes of technology innovation and development;\n (3) assessing whether the Administration can further \n encourage innovation and competition among technology \n stakeholders, including through increased participation of and \n funding for small business concerns (as such term is described \n under section 3 of the Small Business Act (15 U.S.C. 632));\n (4) identifying best practices of other Department \n components or United States Government entities; and\n (5) a plan to address problems and challenges identified by \n such review.\n (b) Briefing.--The Administrator shall provide to the appropriate \ncongressional committees a briefing on the findings of the review \nrequired under this section and a plan to address problems and \nchallenges identified by such review.\n\nSEC. 5. ADMINISTRATION ACQUISITIONS AND PROCUREMENT ENHANCEMENT.\n\n (a) In General.--The Administrator shall--\n (1) engage in outreach, coordination, and collaboration \n with transportation stakeholders to identify and foster \n innovation of new advanced transportation security screening \n technologies;\n (2) streamline the overall technology development, testing, \n evaluation, acquisitions, procurement, and deployment processes \n of the Administration; and\n (3) ensure the effectiveness and efficiency of such \n processes.\n\nSEC. 6. ASSESSMENT.\n\n The Secretary of Homeland Security, in consultation with the Chief \nPrivacy Officer of the Department of Homeland Security, shall submit to \nthe Committee on Homeland Security of the House of Representatives and \nthe Committee on Homeland Security and Governmental Affairs of the \nSenate a compliance assessment of the Transportation Security \nAdministration's acquisition process relating to the health and safety \nrisks associated with implementation of screening technologies.\n\n Passed the House of Representatives June 25, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Transportation Security Technology Innovation Reform Act of 2018 This bill establishes in the Transportation Security Administration (TSA) a Transportation Security Administration Systems Integration Facility (TSIF) for the purpose of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA. The TSA shall notify Congress whenever testing and evaluation by the TSIF of an advanced transportation security screening technology exceeds 180 days. The TSA shall review existing advanced transportation security screening technology development, acquisitions, and procurement practices within the TSA. The TSA shall: (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies. (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the TSA. And (3) ensure the effectiveness and efficiency of such processes. The Department of Homeland Security shall submit to the congressional homeland security committees a compliance assessment of TSA's acquisition process relating to the health and safety risks associated with implementation of screening technologies.","title":"Transportation Security Technology Innovation Reform Act of 2018","text_len":7696,"sum_len":1308} {"bill_id":"105_s418","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lorton Correctional Complex Closure \nAct''.\n\nSEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX.\n\n (a) In General.--Notwithstanding any other provision of law, not \nlater than 6 years after the date of the enactment of this Act, all \nreal property and improvements thereon comprising the Lorton \nCorrectional Complex as of the date of the enactment of this Act (other \nthan any such property retained by the District of Columbia under the \nImplementation Plan described in section 4) shall be transferred to the \nAdministrator of General Services for disposal in accordance with the \nImplementation Plan described in section 4.\n (b) Prohibiting Placement of Future District of Columbia Prison \nFacilities in Virginia.--No prison, penitentiary, jail, correctional \ninstitution, or related facility of the District of Columbia may be \nestablished in the Commonwealth of Virginia after the date of the \nenactment of this Act without the approval of the Governor of Virginia.\n\nSEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS.\n\n (a) Transfer to Federal Custody.--\n (1) In general.--Notwithstanding any other provision of \n law, any District of Columbia felon who is committed to the \n custody of the Attorney General for a term of imprisonment on \n or after the date of the enactment of this Act shall be \n incarcerated in a facility designated by the Director of the \n Bureau of Prisons, in accordance with such rules as the \n Attorney General may establish to assure that the treatment of \n District of Columbia felons is similar to the treatment of \n other individuals under the control of the Director of the \n Bureau of Prisons.\n (2) Transition rule.--In the case of an individual \n convicted of a felony in the Superior Court of the District of \n Columbia who is under the custody and control of the Director \n of the District of Columbia Department of Corrections as of the \n date of the enactment of this Act, the individual shall be \n transferred to the control of the Director of the Bureau of \n Prisons not later than 5 years after the date of the enactment \n of this Act.\n (3) Conforming amendment.--Section 4042 of title 18, United \n States Code, is amended--\n (A) by striking ``and'' at the end of paragraph \n (4);\n (B) by striking the period at the end of paragraph \n (5) and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(6) provide suitable quarters and provide for the \n safekeeping, care and subsistence and for the protection, \n instruction and discipline of all District of Columbia felons \n (as defined in section 3(b) of the Lorton Correctional Complex \n Closure Act) who are sentenced to death or committed to the \n custody of the Attorney General for a term of imprisonment.''.\n (b) District of Columbia Felon Defined.--The term ``District of \nColumbia felon'' means an individual convicted in the Superior Court of \nthe District of Columbia of an offense punishable by death or \nimprisonment for a term exceeding one year (without regard to the \nsentence actually imposed), but does not include any individual \nconvicted in the Superior Court of the District of Columbia of a \nmisdemeanor offense, as a juvenile offender, or any person detained \npending trial in the Superior Court of the District of Columbia.\n\nSEC. 4. IMPLEMENTATION PLAN.\n\n (a) Description of Plan.--In accordance with the process described \nin subsection (b), not later than 18 months after the date of the \nenactment of this Act, the Administrator of General Services shall \nsubmit to Congress an Implementation Plan for the closure of the Lorton \nCorrectional Complex which shall identify actions with respect to each \nof the following:\n (1) The future use of the land on which the Complex is \n located, including (if appropriate) plans for a regional park \n at the site.\n (2) The need to address the impact of such future uses on \n local and regional transportation resources.\n (3) If appropriate, the transfer of real property and \n improvements thereon to Federal agencies (including the Bureau \n of Prisons) for Federal use, the Government of the District of \n Columbia, or any other governmental entity.\n (4) If appropriate, the disposal of real property or \n improvements thereon.\n (5) Changes in law or regulation necessary to effect the \n purposes of this Act and the closure of the Lorton Correctional \n Complex.\n (6) Such other actions as considered appropriate by the \n Administrator to effectively implement this Act.\n (b) Process for Submission of Final Implementation Plan.--\n (1) Development and submission of initial proposal by \n commission.--Not later than 13 months after the date of the \n enactment of the Act, the Commission shall develop and submit \n to the Administrator a proposal for the Implementation Plan.\n (2) Review of commission proposal.--Not later than 4 months \n after receiving the proposal for the Implementation Plan from \n the Commission under paragraph (1), the Administrator shall \n submit a proposal for the Plan to the Commission for comment \n and review.\n (3) Comments of commission.--During the 1-month period \n beginning on the date the Administrator submits the proposed \n final Implementation Plan to the Commission under paragraph \n (2), the Commission and each of its members may submit comments \n on the Plan to the Administrator. Any comments made by the \n Commission or any individual commissioner shall be transmitted \n by the Administrator with the final Implementation Plan under \n paragraph (4).\n (4) Submission of final plan.--Not later than 18 months \n after the date of the enactment of this Act, the Administrator \n shall submit to Congress the final Implementation Plan for the \n closure of the Lorton Correctional Complex.\n (c) Automatic Implementation of Plan.--The Implementation Plan \nsubmitted by the Administrator under subsection (b)(4) shall take \neffect at the end of the 60-day period beginning on the day such plan \nis transmitted to the Speaker of the House of Representatives and the \nPresident of the Senate.\n\nSEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX.\n\n (a) Establishment.--There is hereby established a commission to be \nknown as the Commission on Closure of the Lorton Correctional Complex.\n (b) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 11 members appointed not later than 1 month after \n the date of the enactment of this Act as follows:\n (A) The Fairfax County Board of Supervisors shall \n appoint 5 members, one of which shall be specially \n qualified by training and experience in matters \n relating to regional transportation problems and \n issues.\n (B) The Prince William County Board of Supervisors \n shall appoint 3 members.\n (C) The Mayor of the District of Columbia, with the \n advice and consent of the District of Columbia City \n Council, shall appoint 2 members.\n (D) The Administrator shall serve as an ex officio \n member.\n (2) Continuation of membership.--\n (A) General rule.--Except as provided in \n subparagraph (B), if a member was appointed to the \n Commission because the member was an officer or \n employee of any government or if a member is appointed \n to the Commission and later becomes an officer or \n employee of a government, the member may continue \n service on the Commission for not longer than the 30-\n day period beginning on the date the member ceases to \n be such an officer or employee or becomes such an \n officer or employee, as the case may be.\n (B) Exception.--Service as a member of the \n Commission shall not be discontinued pursuant to \n subparagraph (A) in the case of a member who has served \n on the Commission for not less than 3 months.\n (3) Terms.--Each member of the Commission shall be \n appointed for the life of the Commission.\n (4) Vacancies.--Any member appointed to fill a vacancy \n occurring before the expiration of the term for which the \n member's predecessor was appointed shall be appointed only for \nthe remainder of that term, except that a member may serve after the \nexpiration of that member's term until a successor has taken office. A \nvacancy in the Commission shall be filled in the manner in which the \noriginal appointment was made.\n (5) Compensation.--No member of the Commission may receive \n additional pay, allowances, or benefits by reason of service on \n the Commission.\n (6) Quorum.--6 members of the Commission shall constitute a \n quorum but a lesser number may hold hearings.\n (7) Chairperson; vice chairperson.--The Chairperson and \n Vice Chairperson of the Commission shall be elected by a \n majority of the members of the Commission.\n (c) Director and Staff; Experts and Consultants.--\n (1) Director.--The Commission shall, without regard to \n section 5311(b) of title 5, United States Code, have a Director \n who shall be appointed by the Commission and paid at the rate \n of basic pay payable for Level III of the Executive Schedule.\n (2) Appointment and pay of staff.--The Commission may \n appoint such personnel as it considers appropriate without \n regard to the provisions of title 5, United States Code, \n governing appointment to the competitive service. Such \n personnel shall be paid in accordance with the provisions of \n chapter 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification and General Schedule \n pay rates.\n (3) Experts and consultants.--The Commission may procure \n temporary and intermittent services under section 3109(b) of \n title 5, United States Code.\n (4) Staff of federal agencies.--Upon request of the \n Commission, the head of any Federal department or agency may \n detail, on a reimbursable basis, any of the personnel of that \n department or agency to the Commission to assist it in carrying \n out its duties.\n (d) Powers.--\n (1) Hearings and sessions.--\n (A) In general.--The Commission may hold hearings, \n sit and act at times and places, take testimony, and \n receive evidence as the Commission considers \n appropriate to carry out its duties under this Act. The \nCommission may administer oaths or affirmations to witnesses appearing \nbefore it.\n (B) Maximization of local involvement.--The \n Commission shall hold its hearings in a place and \n manner which maximizes local community involvement, \n input, and participation.\n (2) Powers of members and agents.--Any member or agent of \n the Commission may, if authorized by the Commission, take any \n action which the Commission is authorized to take by this \n section.\n (3) Information.--The Commission may secure directly from \n any department or agency of the United States any information \n necessary to enable it to carry out its duties under this Act. \n Upon request of the Chairperson or Vice Chairperson of the \n Commission, the head of that department or agency shall furnish \n that information to the Commission to the extent otherwise \n permitted by law.\n (4) Gifts and donations.--The Commission may accept, use, \n and dispose of gifts or donations of services or property.\n (5) Mails.--The Commission may use the United States mails \n in the same manner and under the same conditions as other \n departments and agencies of the United States.\n (6) Administrative support services.--The Administrator \n shall provide to the Commission, on a reimbursable basis, such \n administrative support services as the Commission may request.\n (e) Termination.--The Commission shall terminate 30 days after \nsubmitting its final comments pursuant to section 4(b)(3).\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to the Commission for carrying out its duties under this \nAct an amount not to exceed $200,000.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of General Services or the Administrator's \n designated representative.\n (2) Commission.--The term ``Commission'' means the \n Commission on Closure of the Lorton Correctional Complex \n established under section 5(a).\n (3) Lorton correctional complex.--The term ``Lorton \n Correctional Complex'' means any District of Columbia \n correctional, reformatory, or related facility which is located \n in the Commonwealth of Virginia and which is operated under the \n authority, control, supervision or management of the District \n of Columbia Department of Corrections, the Mayor of the \n District of Columbia, or any other agency or official of the \n District of Columbia.\n (4) Implementation plan.--The term ``Implementation Plan'' \n means the Implementation Plan described in section 4.","summary":"Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services for disposal in accordance with an implementation plan for the closure of the Complex. Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia. Directs that any DC felon who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions. Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues. Establishes a Commission on Closure of the Lorton Correctional Complex. Sets forth provisions regarding: (1) a process for submission of the final implementation plan, (2) review of the Commission's proposal. (3) comments by the Commission and its members on the plan to the Administrator, (4) submission of a final plan, (5) automatic implementation of the plan. (6) membership, terms, vacancies, compensation, powers, and termination of the Commission. And (7) staff, experts, and consultants to the Commission. Authorizes appropriations.","title":"Lorton Correctional Complex Closure Act","text_len":14366,"sum_len":1582} {"bill_id":"103_s2061","text":"SECTION 1. PREPAYMENT OF DEVELOPMENT COMPANY 0DEBENTURES.\n\n (a) In General.--Title V of the Small Business Investment Act of \n1958 (15 U.S.C. 695, et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 507. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES.\n\n ``(a) In General.--(1) If the requirements of subsection (b) are \nmet and subject to the availability of appropriations, the issuer of a \ndebenture purchased by the Federal Financing Bank and guaranteed by the \nAdministration under section 503 may, at the election of the borrower \nwhose loan secures such debenture and with the approval of the \nAdministration, prepay such debenture by paying to the Federal \nFinancing Bank the amount that is equal to the sum of the unpaid \nprincipal balance due on the debenture on the date of the prepayment \n(plus accrued interest at the coupon rate on the debenture) and the \namount of the repurchase premium described in paragraph (2)(A). The \nAdministration shall pay to the Federal Financing Bank the difference \nbetween the repurchase premium paid by the issuer of the debenture \nunder this subsection and the repurchase premium that the Federal \nFinancing Bank would otherwise have received.\n ``(2)(A) The amount of the repurchase premium described in this \nparagraph is the product of--\n ``(i) the unpaid principal balance due on the debenture on \n the date of prepayment;\n ``(ii) the interest rate of the debenture; and\n ``(iii) the factor `P', as determined under subparagraph \n (B).\n ``(B) for purposes of subparagraph (A)(iii), the factor `P' means \nthe applicable percent determined in accordance with the following \ntable:\n \n\n\n------------------------------------------------------------------------\n Applicable percent \n ``Year in which prepayment of ---------------------------------------\n debenture is made (from date of 10-year 15-year 20-year 25-year\n original issuance) term term term term \n loan loan loan loan \n------------------------------------------------------------------------\n1............................... 1.00 1.00 1.00 1.00\n2............................... .80 .85 .90 .92\n3............................... .60 .70 .80 .84\n4............................... .40 .55 .70 .76\n5............................... .20 .40 .60 .68\n6............................... 0 .25 .50 .60\n7............................... 0 .10 .40 .52\n8............................... 0 0 .30 .44\n9............................... 0 0 .20 .36\n10.............................. 0 0 .10 .28\n11.............................. 0 0 0 .20\n12.............................. 0 0 0 .12\n13.............................. 0 0 0 .04\n14 through 25................... 0 0 0 0\n------------------------------------------------------------------------\n\n ``(b) Requirements.--The requirements of this subsection are met \nif--\n ``(1) the debenture is outstanding and neither the loan \n that secures the debenture nor the debenture is in default on \n the date the prepayment is made;\n ``(2) State or personal funds, which may include \n refinancing under the programs authorized by sections 504 and \n 505 of this Act, are used to prepay the debenture; and\n ``(3) the issuer certifies that the benefits, net of fees \n and expenses authorized herein, associated with prepayment of \n the debenture are entirely passed through to the borrower.\n ``(c) No fees or penalties other than those specified in this \nsection may be imposed as a condition of such prepayment against the \nissuer or the borrower, or the Administration or any fund or account \nadministered by the Administration, except as provided in this Act.\n ``(d) The refinancing of debentures authorized by paragraph (b)(2) \nof this section under section 504 of this Act shall be limited to only \nsuch amounts as are needed to prepay existing debentures and shall be \nsubject to all of the other provisions of sections 504 and 505 of this \nAct and the rules and regulations of the Administration promulgated \nthereunder, including, but not limited to, rules and regulations \ngoverning payment of authorized expenses and commissions, fees and \ndiscounts to brokers and dealers in trust certificates issued pursuant \nto section 505: Provided, however, That no applicant for refinancing \nunder section 504 of this Act need demonstrate that a requisite number \nof jobs will be created with the proceeds of such refinancing.''\n Sec. 2. (a) The provisions of this Act are exercisable at the \noption of the borrower.\n (b) Any new credit or spending authority provided for in this Act \nis subject to amounts provided in advance in appropriations Acts.\n (c) There are authorized to be appropriated such sums as may be \nnecessary to carry out the provisions of this Act.\n (d) Within 30 days of the effective date of this Act, the \nAdministration shall promulgate such regulations as are necessary, \nincluding establishing an order of priority to accomplish the \nprovisions of this Act.\n (e) Subsection 504(b) of this Act is hereby repealed, subsection \n504(a) is renumbered as section 504, and paragraphs (1) through (3) of \nsubsection 504(a) are renumbered as subsections 504 (a) through (c).","summary":"Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank and guaranteed by the Small Business Administration, at the election of the small business borrower whose loan secures such debenture and with the Administrators approval, to prepay the debenture by payment to the Bank of the unpaid principal balance, accrued interest, and repurchase premium amount . Prohibits any fees or penalties from being imposed against the issuer, borrower, or the Administration as a condition of prepayment under this Act. Authorizes appropriations.","title":"A bill to amend the Small Business Investment Act of 1958 to permit prepayment of debentures issued by State and local development companies.","text_len":5807,"sum_len":646} {"bill_id":"113_hr1089","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stepping Up to STEM Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Technology and the Internet have transformed nearly \n every aspect of both the global economy and our daily lives. In \n a technology-rich world, no amount of memorizing information \n will make a student competitive in the global labor market. \n America needs an education system that supports students from \n all walks of life in becoming inquisitive, resourceful thinkers \n who use technology to pursue knowledge, collaborate across \n geographic and cultural boundaries, acquire new skills, and \n solve complex problems.\n (2) Equality and equity of access is more than access to \n the same hardware, software, and broadband connections. It \n includes access to the best digital learning resources and \n access to teachers who know how to orchestrate the use of these \n resources in ways that inspire students and produce better \n learning outcomes.\n (3) Technology by itself will not improve student outcomes. \n What is needed are carefully designed innovations that include \n not just technology but also good learning content, effective \n instructional strategies, supports for teachers and school \n systems figuring out how to use the new approach, and the \n capacity to collect, analyze and reflect on data that will show \n whether or not the innovation is having the intended effects.\n (4) Effective learning technology implementations \n addressing the challenging aspects of language arts, \n mathematics and science that all students are expected to \n master. This will require partnerships among education \n agencies, education researchers, and technology developers with \n the common goal of harnessing technology to provide \n opportunities for deeper learning to students who would not \n otherwise experience them.\n\nSEC. 3. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS \n EDUCATION WITHIN THE DEPARTMENT OF EDUCATION.\n\n (a) Assistant Secretary.--Section 202 of the Department of \nEducation Organization Act (20 U.S.C. 3412) is amended in subsection \n(b)(1)--\n (1) in subparagraph (E) by striking ``and'' at the end;\n (2) by redesignating subparagraph (F) as (G); and\n (3) by inserting after subparagraph (E) the following:\n ``(F) an Assistant Secretary for Science, \n Technology, Engineering, and Mathematics Education (in \n this Act referred to as the `Assistant Secretary for \n STEM Education'); and''.\n (b) Office.--Title II of the Department of Education Organization \nAct (20 U.S.C. 3411 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS \n EDUCATION.\n\n ``(a) In General.--There shall be in the Department of Education an \nOffice of Science, Technology, Engineering, and Mathematics Education \n(in this section referred to as the `Office of STEM Education'), to be \nadministered by the Assistant Secretary for STEM Education appointed \nunder section 202(b).\n ``(b) Responsibilities.--The Assistant Secretary of STEM Education, \nacting through the Office, shall serve as the principal advisor to the \nSecretary on matters affecting science, technology, engineering, and \nmath education, and shall administer such functions representing STEM \neducation, including the coordination of STEM activities and programs \nacross Federal agencies.\n ``(c) Evaluation and Report.--The Assistant Secretary for STEM \nEducation shall conduct an independent evaluation, through grant or by \ncontract, of the STEM education programs administered by the \nDepartment, at least every 5 years, which shall include--\n ``(1) conducting an assessment of STEM education activities \n within the Department by using the evaluations and reports of \n these programs to determine these programs' impact on--\n ``(A) the quantity of students taking advanced \n placement in STEM areas and seeking STEM degrees;\n ``(B) the quantity of students exposed to STEM \n content in the hours outside of the regular school day;\n ``(C) student academic achievement in mathematics \n and science; and\n ``(D) the increased number of highly qualified STEM \n teachers, STEM content coaches, and STEM master \n educators; and\n ``(2) the preparation and submission of a report on the \n results of the evaluation described in paragraph (1) to the \n Committee on Health, Education, Labor, and Pensions and the \n Committee on Commerce, Science, and Transportation of the \n Senate, the Committee on Education and the Workforce and the \n Committee on Science, Space, and Technology of the House of \n Representatives, and the Committees on Appropriations of the \n Senate and the House of Representatives.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated $1,500,000 to carry out this section for fiscal year 2014 \nand such sums as may be necessary for each fiscal year thereafter.''.\n\nSEC. 4. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION.\n\n Title II of the Department of Education Organization Act (20 U.S.C. \n3411 et seq.), as amended by section 2 of this Act, is further amended \nby adding at the end the following:\n\n``SEC. 222. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION.\n\n ``(a) Establishment.--There shall be in the Department an Advanced \nResearch Projects Agency for Education (referred to in this section as \n`ARPA-ED').\n ``(b) Purposes.--ARPA-ED is established under this section for the \npurposes of pursuing breakthrough research and development in \neducational technology and providing the effective use of the \ntechnology to improve achievement for all students, by--\n ``(1) integrating STEM related content areas including \n science, technology, computer science, engineering design, \n mathematics and computational thinking;\n ``(2) identifying and promoting revolutionary advances in \n fundamental and applied sciences and engineering that could be \n translated into new learning technologies;\n ``(3) developing novel learning technologies, and the \n enabling processes and contexts for effective use of those \n technologies;\n ``(4) developing, testing, and evaluating the impact and \n efficacy of those technologies;\n ``(5) developing educational technology innovations \n including data analytic tools that help State educational \n agencies and local educational agencies with reporting required \n under Federal accountability mandates;\n ``(6) accelerating transformational technological advances \n in areas in which the private sector, by itself, is not likely \n to accelerate such advances because of difficulties in \n implementation or adoption, or technical and market \n uncertainty;\n ``(7) coordinating activities with nongovernmental entities \n to demonstrate technologies and research applications to \n facilitate technology transfer; and\n ``(8) encouraging educational research using new \n technologies and the data produced by the technologies.\n ``(c) Coordination.--\n ``(1) The Agency shall work closely and collaboratively \n between agencies in order to maximize the Federal effort and \n investment to the Project.\n ``(2) The Agency shall work with the National Science \n Foundation's Cyber Learning Program.\n ``(d) Authorities of Secretary.--The Secretary is authorized to--\n ``(1) appoint a Director, who shall be responsible for \n carrying out the purposes of ARPA-ED, as described in \n subsection (b), and such additional functions as the Secretary \n may prescribe;\n ``(2) establish processes for the development and execution \n of projects and the solicitation of entities to carry out the \n projects in a manner that is--\n ``(A) tailored to the purposes of ARPA-ED and not \n constrained by other Department-wide administrative \n requirements that could detract from achieving program \n results; and\n ``(B) designed to heighten transparency, and \n public- and private-sector involvement, to ensure that \n investments are made in the most promising areas;\n ``(3) award grants, contracts, cooperative agreements, and \n cash prizes, and enter into other transactions (in accordance \n with such regulations as the Secretary may establish regarding \n other transactions);\n ``(4) obtain independent, periodic, rigorous evaluations, \n as appropriate, of--\n ``(A) the effectiveness of the processes ARPA-ED is \n using to achieve its purposes; and\n ``(B) the effectiveness of individual projects \n assisted by ARPA-ED, using evidence standards developed \n in consultation with the Institute of Education \n Sciences, and the suitability of ongoing projects \n assisted by ARPA-ED for further investment or increased \n scale; and\n ``(5) disseminate, through the comprehensive centers \n established under section 203 of the Educational Technical \n Assistance Act of 2002 (20 U.S.C. 9602), the regional \n educational laboratories system established under section 174 \n of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), \n or such other means as the Secretary determines to be \n appropriate, information on effective practices and \n technologies developed with ARPA-ED support.\n ``(e) Evaluation Funds.--The Secretary may use funds made available \nfor ARPA-ED to pay the cost of the evaluations under subsection (c)(6).\n ``(f) Federal Advisory Committee Act.--Notwithstanding any other \nprovision of law, any advisory committee convened by the Secretary to \nprovide advice with respect to this section shall be exempt from the \nrequirements of the Federal Advisory Committee Act (5 U.S.C. App.) and \nthe definition of `employee' in section 2105 of title 5, United States \nCode, shall not be considered to include any appointee to such a \ncommittee.\n ``(g) Nonduplication.--To the maximum extent practicable, the \nSecretary shall ensure that grants, contracts, cooperative agreements, \ncash prizes, or other assistance or arrangements awarded or entered \ninto pursuant to this section that are designed to carry out the \npurposes of ARPA-ED do not duplicate activities under programs carried \nout under Federal law other than this section by the Department or \nother Federal agencies.''.\n\nSEC. 5. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY, \n ENGINEERING, AND MATHEMATICS EDUCATION.\n\n (a) In General.--From amounts made available to carry out this \nsection, the Secretary of Education shall make grants to eligible \nnetworks to expand STEM education.\n (b) Eligible Network Defined.--In this section, the term ``eligible \nnetwork'' means a State-based STEM network or similar organization, \nwhich--\n (1) may include the participation of State officials, \n educators, administrators, afterschool providers, out of school \n time educators, parents, industry leaders, philanthropists, and \n representatives from the STEM communities;\n (2) aims to increase student achievement and experiences in \n the STEM disciplines at the elementary schools and secondary \n schools in its State, and out of school programs and \n particularly for students with a high concentration of \n historically under represented students and at rural schools \n (within the meaning of part B of title VI of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and\n (3) aims to increase the number of quality afterschool \n programs offering STEM learning opportunities, particularly for \n students from populations traditionally under-represented in \n the STEM fields.\n (c) Eligible Network Application.--\n (1) In general.--An eligible network seeking a grant under \n this section shall submit an application at such time, in such \n manner, and containing such information as the Secretary may \n reasonably require.\n (2) Matching requirement.--In order to receive a grant \n under this section, an eligible network shall agree to provide, \n either directly or through private contributions, non-Federal \n matching funds equal to not less than 30 percent of the amount \n of the grant.\n (d) Uses of Funds.--Each eligible network receiving a grant under \nthis section shall use the funds to carry out one or more of the \nfollowing:\n (1) Testing, validating, sharing, and scaling up STEM \n education research, promising practices, and exemplary programs \n among members of the network and with other eligible networks \n receiving grants under this section.\n (2) Identifying points of weakness and strength among State \n STEM education efforts, prioritizing strategies for addressing \n problem areas, and communicating State needs to the Secretary.\n (3) Assisting in the implementation of rigorous career and \n college ready standards in STEM education for grades \n prekindergarten through grade 12 that reflect and take into \n consideration--\n (A) career and college ready standards in STEM \n disciplines;\n (B) established international standards and 21st \n century skills that include critical thinking, problem \n solving, communication, collaboration, creativity, and \n innovation;\n (C) the needs of English language learners and \n special education students; and\n (D) the need to increase STEM literacy of \n prekindergarten through grade 12 students.\n (4) Assisting the development of innovative STEM \n assessments that measure interest, engagement, and content \n proficiency.\n (5) Supporting the implementation of STEM assessments that \n measure career and college ready standards.\n (6) Promoting and developing rigorous undergraduate pre-\n service teacher programs in institutions of higher education \n that emphasize STEM content with emphasis on the elementary \n educator.\n (7) Promoting and developing curriculum tools and \n professional development for STEM educators both in school and \n out of school.\n (8) Developing STEM career pathways that reflect the \n projected STEM workforce needs of the 21st century that may \n include mentoring programs and STEM professional outreach.\n (9) Developing STEM-related education and workforce \n training programs in secondary schools and community colleges \n to reflect the needs of the local community.\n (10) Developing systems for the implementation of expanded \n learning opportunities on school sites to enhance STEM \n education inside and outside of the classroom.\n (11) Promoting, supporting, and designing programs that \n develop STEM content coaches and master educators in order to \n strengthen core competencies of the classroom practitioner.\n (e) Evaluation and Report.--Not later than 2 years after receiving \na grant under this section, each eligible network receiving such a \ngrant shall--\n (1) conduct periodic independent evaluations, by grant or \n by contract, of the eligible network's effectiveness at \n accomplishing the activities described in this section, which \n shall include an assessment of the impact of such activities on \n STEM teaching and learning; and\n (2) prepare and submit a report on the results of each \n evaluation described in paragraph (1) to the Secretary and make \n for dissemination to other STEM Networks.\n (f) Prohibitions.--In implementing this section, the Secretary may \nnot--\n (1) endorse, approve, or sanction any STEM curriculum \n designed for use in any elementary school, secondary school, or \n institution of higher education; or\n (2) engage in oversight, technical assistance, or \n activities that will require the adoption of a specific STEM \n program or instructional materials by a State, local \n educational agency, or school.\n (g) Total Amount of Grants.--The total amount of grants made under \nthis section in any fiscal year may not exceed $20,000,000.\n (h) Definitions.--In this section:\n (1) The terms ``elementary school'', ``local educational \n agency'', ``secondary school'', and ``State educational \n agency'' have the meanings given such terms in section 9101 of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7801).\n (2) The term ``high concentration of low-income students'' \n has the meaning given such term in section 1707 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 6537).\n (3) The term ``institution of higher education'' has the \n meaning given such term in section 101 of the Higher Education \n Act of 1965 (20 U.S.C. 1001).\n (4) The term ``Secretary'' means the Secretary of \n Education.\n (5) The term ``State'' means each of the several States of \n the United States, the District of Columbia, the Commonwealth \n of Puerto Rico, Guam, the Commonwealth of Northern Mariana \n Islands, American Samoa, and the United States Virgin Islands.\n (6) The term ``STEM'' means science, technology, \n engineering, and mathematics.\n (7) The term ``21st century readiness initiative'' means \n any initiative that--\n (A) embeds core academic subjects with critical \n skills; and\n (B) is focused on ensuring that students are \n prepared for postsecondary education and careers, upon \n graduation from secondary school.","summary":"Stepping Up to STEM Act of 2013 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education. Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years. Establishes an Advanced Research Projects Agency for Education (ARPA-ED) within the Department to pursue breakthrough research and development in educational technology and to facilitate the effective use of that technology to improve student achievement. Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations of STEM stakeholders to increase students' achievement in the STEM disciplines in elementary and secondary schools and in out of school and afterschool programs. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs. Identifying state STEM education weaknesses and prioritizing strategies to address them, implementing rigorous career and college ready standards in STEM education. Developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards, promoting and developing pre- and in-service STEM teacher training. Developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs. Facilitating the implementation of expanded STEM learning opportunities on school sites. And promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education. Or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.","title":"Stepping Up to STEM Act of 2013","text_len":19096,"sum_len":2227} {"bill_id":"110_s3127","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Select Agent \nProgram and Biosafety Improvement Act of 2008''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\n TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION\n\nSec. 101. Reauthorization of select agent program.\nSec. 102. Select agent program review.\nSec. 103. Revision of the list of biological agents and toxins.\nSec. 104. Sharing information with trusted state partners.\nSec. 105. Improvements to inventorying and monitoring of agents.\nSec. 106. Smallpox definition clarification.\nSec. 107. Plan for surge in samples of biological agents and toxins.\n TITLE II--BIOSAFETY IMPROVEMENTS\n\nSec. 201. Improvement of oversight of biocontainment laboratories.\nSec. 202. Improvement of training for laboratory personnel.\nSec. 203. Biological laboratory incident reporting system.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Centers for Disease Control and Prevention \n regulates the possession, use, and transfer of select agents \n and toxins that have the potential to pose a severe threat to \n public health and safety.\n (2) The Animal and Plant Health Inspection Service \n regulates the possession, use, and transfer of select agents \n and toxins that have the potential to pose a severe threat to \n animal or plant health, or to animal or plant products.\n (3) As of April 2008, there are 72 select agents and \n toxins, 13 of which are found naturally in the United States.\n (4) As of April 2008, there are 325 entities registered \n with the Centers for Disease Control and Prevention to work \n with select agents and toxins and 75 entities registered with \n the Animal and Plant Health Inspection Service. There are 9,918 \n individuals approved to work with select agents and toxins \n through the Centers for Disease Control and Prevention and \n 4,336 through the Animal and Plant Health Inspection Service.\n (5) Biocontainment laboratories are used by scientists to \n study infectious materials safely and effectively. Laboratory \n biological research is categorized by the safety level at which \n it is performed. There are 4 safety levels, termed Biosafety \n Level (BSL) 1 through 4.\n\n TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION\n\nSEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM.\n\n (a) Reauthorization of Select Agent Program.--\n (1) Amendment to the public health service act.--Section \n 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is \n amended by striking ``2002 through 2007'' and inserting ``2009 \n through 2013''.\n (2) Amendment to the agricultural bioterrorism protection \n act of 2002.--Section 212(m) of the Agricultural Bioterrorism \n Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by \n striking ``2002 through 2007'' and inserting ``2009 through \n 2013''.\n (b) Appropriate Training.--\n (1) Amendment to the public health service act.--Section \n 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. \n 262a(e)(2)(A)) is amended by inserting ``, and appropriate \n training,'' after ``have a legitimate need''.\n (2) Amendment to the agricultural bioterrorism protection \n act of 2002.--Section 212(e)(2)(A) of the Agricultural \n Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is \n amended by inserting ``, and appropriate training,'' after \n ``have a legitimate need''.\n (c) Covered Agencies.--\n (1) Amendment to the public health service act.--Section \n 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health \n Service Act is amended by inserting ``the Department of \n Homeland Security,'' after ``the Department of Agriculture,''.\n (2) Amendment to the agricultural bioterrorism protection \n act of 2002.--Section 212(h)(2)(A) of the Agricultural \n Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is \n amended by inserting ``the Department of Homeland Security,'' \n after ``the Department of Agriculture,''.\n\nSEC. 102. SELECT AGENT PROGRAM REVIEW.\n\n (a) In General.--The Secretary of Health and Human Services, in \nconsultation with the Secretary of Agriculture, shall enter into a \ncontract with the National Academy of Sciences to conduct a review of \nthe select agent program under section 351A of the Public Health \nService Act (42 U.S.C. 262a) and section 212 of the Agricultural \nBioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall \nfocus on--\n (1) the extent to which the program has enhanced \n biosecurity and biosafety in the United States;\n (2) the effects of the program on--\n (A) international scientific collaboration; and\n (B) scientific advances in the United States; and\n (3) other issues as requested by the Secretary of Health \n and Human Services and the Secretary of Agriculture.\n (b) Report; Recommendations.--Not later than 240 days after the \ndate of enactment of this Act, the National Academy of Sciences shall \nsubmit a report to the Secretary of Health and Human Services, the \nSecretary of Agriculture, the Committee on Health, Education, Labor, \nand Pensions of the Senate, the Committee on Energy and Commerce of the \nHouse of Representatives, and other congressional committees of \nrelevant interest, on the results of the review conducted under \nsubsection (a). Such report shall include recommendations for improving \nthe structure of the select agent program for--\n (1) enhancing the biosecurity and biosafety of the United \n States;\n (2) eliminating or reducing adverse effects of the program, \n if any, on--\n (A) international scientific collaboration; and\n (B) scientific advances in the United States; and\n (3) other issues as requested by the Secretary of Health \n and Human Services and the Secretary of Agriculture.\n\nSEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS.\n\n (a) Amendment to the Public Health Service Act.--Section \n351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. \n262a(a)(1)(B)(i)) is amended--\n (1) in subclause (III), by striking ``; and'' and inserting \n a semicolon;\n (2) by redesignating subclause (IV) as subclause (VII); and\n (3) by inserting after subclause (III) the following:\n ``(IV) whether the agent or toxin \n is endemic to the United States, as \n defined by the Secretary;\n ``(V) information available from \n biological risk assessments conducted \n by the Department of Homeland Security;\n ``(VI) newly discovered agents of \n disease, including genetically modified \n organisms or agents created \n synthetically; and''.\n (b) Amendment to the Agricultural Bioterrorism Protection Act of \n2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism \nProtection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--\n (1) in subclause (III), by striking ``; and'' and inserting \n a semicolon;\n (2) by redesignating subclause (IV) as subclause (VII); and\n (3) by inserting after subclause (III) the following:\n ``(IV) whether the agent or toxin \n is endemic to the United States, as \n defined by the Secretary;\n ``(V) information available from \n biological risk assessments conducted \n by the Department of Homeland Security;\n ``(VI) newly discovered agents of \n disease, including genetically modified \n organisms or agents created \n synthetically; and''.\n (c) Rule of Construction.--The amendments made by subsections (a) \nand (b) shall not be construed to preclude the listing of a biological \nagent or toxin that is endemic to the United States.\n\nSEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS.\n\n (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) \nof the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended--\n (1) in subparagraph (A), by striking ``; or'' and inserting \n a semicolon;\n (2) in subparagraph (B), by striking the period and \n inserting ``; or''; and\n (3) by inserting at the end the following:\n ``(C) to withhold information regarding a State \n that will assist with the State's emergency \n preparedness planning from the health director (or \n equivalent State official) of such State, if such State \n has in place a law to protect against the further \n release of such information as determined by the \n Secretary.''.\n (b) Amendment to the Agricultural Bioterrorism Protection Act of \n2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection \nAct of 2002 (7 U.S.C. 8401(h)(5)) is amended--\n (1) in subparagraph (A), by striking ``; or'' and inserting \n a semicolon;\n (2) in subparagraph (B), by striking the period and \n inserting ``; or''; and\n (3) by inserting at the end the following:\n ``(C) to withhold information regarding a State \n that will assist with the State's emergency \n preparedness planning from an elected or appointed \n senior State agricultural official or equivalent State \n official (such as a State veterinarian or a State plant \n health regulatory official) of such State, if such \n State has in place a law to protect against the further \n release of such information as determined by the \n Secretary.''.\n\nSEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS.\n\n (a) Improved Method to Inventory and Monitor Listed Biological \nAgents.--Not later than 180 days after enactment of this Act, the \nSecretary of Health and Human Services, in coordination with the \nSecretary of Agriculture, and in consultation with individuals with \nappropriate scientific expertise, shall issue guidance on inventorying \nand monitoring the biological agents listed under section 351A(a)(1) of \nthe Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological \nagents listed under section 212(a)(1) of the Agricultural Bioterrorism \nProtection Act of 2002 (7 U.S.C. 8401(a)(1)).\n (b) Considerations.--In issuing the guidance under subsection (a), \nthe Secretaries shall consider--\n (1) the effectiveness of measures to inventory and monitor \n listed biological agents that can propagate relative to the \n burden of these measures on laboratory personnel;\n (2) qualitative and quantitative control procedures for \n such listed agents, rather than only quantitative control \n procedures; and\n (3) in what situations registered persons are required to \n keep inventory records.\n\nSEC. 106. SMALLPOX DEFINITION CLARIFICATION.\n\n Not later than 90 days after the date of enactment of this Act, the \nAttorney General, in coordination with the Secretary of Health and \nHuman Services, shall issue public guidance regarding how the Attorney \nGeneral interprets the scope of the statutory definition of ``variola \nvirus'' in section 175c of title 18, United States Code.\n\nSEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS.\n\n The Secretary of Health and Human Services, in coordination with \nthe Secretary of Agriculture and State officials, shall develop and \ndisseminate guidelines for how laboratories and laboratory personnel \nthat do not regularly test for listed agents and toxins (as such terms \nare defined in section 351A of the Public Health Service Act (42 U.S.C. \n262a) and section 212 of the Agricultural Bioterrorism Protection Act \nof 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during \nemergencies in which laboratories and laboratory personnel that \nregularly test for such agents and toxins are overwhelmed by a surge of \nsamples of such listed agents and toxins.\n\n TITLE II--BIOSAFETY IMPROVEMENTS\n\nSEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES.\n\n (a) Definition.--For purposes of this section, the term ``high \ncontainment biological laboratory'' means a laboratory that has \nBiosafety Level 3 or Biosafety Level 4 facilities, as defined by the \nSecretary of Health and Human Services and the Secretary of \nAgriculture.\n (b) Evaluation.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, and in consultation \nwith the Secretary of Defense and the Secretary of Homeland Security \n(referred to in this section as the ``Secretaries'') shall, either \ndirectly or through a contract, evaluate national needs of, and \noversight of, high containment biological laboratories.\n (c) Considerations.--In conducting the evaluation under subsection \n(b), the Secretaries shall consider--\n (1) whether the construction of high containment biological \n laboratories that are in existence or planned as of the date of \n enactment of this Act, is likely to provide sufficient capacity \n for the needs of Government biodefense and infectious disease \n research;\n (2) how laboratory capacity and lessons learned can be best \n shared across the biodefense and infectious disease research \n communities, domestically and internationally;\n (3) whether guidance on laboratory infrastructure, \n commissioning, operation, and maintenance of such laboratories \n is adequate, and if such guidance is found to be inadequate, \n how to improve and streamline such guidance; and\n (4) ways to improve and streamline the training of the \n personnel of such laboratories, including recommendations \n regarding the minimum standards for laboratory biosafety and \n biosecurity training under section 202.\n (d) Report to Congress.--Not later than 240 days after the date of \nenactment of this Act, the Secretary of Health and Human Services shall \nsubmit to Congress a report on the findings and recommendations from \nthe evaluation under this section.\n\nSEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL.\n\n (a) Definition.--For purposes of this section, the term ``high \ncontainment biological laboratory'' means a laboratory that has \nBiosafety Level 3 or Biosafety Level 4 facilities, as defined by the \nSecretary of Health and Human Services and the Secretary of \nAgriculture.\n (b) Development of Minimum Standards.--The Secretary of Health and \nHuman Services, acting through the Director of the Centers for Disease \nControl and Prevention and the Director of the National Institutes of \nHealth, and in coordination with the Secretary of Agriculture and \nscientific experts representing appropriate professional groups and \ninternational health organizations, shall develop minimum standards for \nlaboratory biosafety and biosecurity training for relevant personnel of \nhigh containment biological laboratories. In developing such standards, \nthe Secretary of Health and Human Services shall consider existing \nlaboratory guidelines and training modules.\n (c) Requirement for Approval.--A person may not register with the \nSecretary of Health and Human Services or the Secretary of Agriculture \nfor the possession, use, or transfer of listed agents in accordance \nwith section 351A of the Public Health Service Act (42 U.S.C. 262a) and \nsection 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 \nU.S.C. 8401) unless the person provides to its appropriate personnel \nbiosafety and biosecurity training that meets the minimum standards \nunder subsection (b) in addition to any other requirements determined \nappropriate by the Secretary of Health and Human Services or the \nSecretary of Agriculture.\n (d) Dissemination.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, may disseminate the \nminimum standards under subsection (b) for voluntary use, such as when \nuse is not required under subsection (b), in laboratories and academic \nprograms in the United States and in other countries.\n\nSEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM.\n\n (a) In General.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, (referred to in this \nsection as the ``Secretaries'') shall establish an integrated \nBiological Laboratory Incident Reporting System through which personnel \nof biological laboratories may voluntarily report biosafety or \nbiosecurity incidents of concern and the Secretaries may identify \ntrends in such incidents and protocols for biosafety or biosecurity \nimprovements. In developing such reporting system, the Secretaries \nshall consider options for integrating existing voluntary and required \nreporting mechanisms.\n (b) Functions.--In implementing the reporting system under \nsubsection (a), the Secretaries shall enter into a contract with a \npublic or private entity that does not regulate biological laboratories \nto administer the reporting system. Such entity shall--\n (1) receive and process incident reports;\n (2) analyze, interpret incident data, and identify incident \n trends;\n (3) issue alert messages within an appropriate time period;\n (4) disseminate reports and other appropriate information, \n which shall not include facility-specific information;\n (5) not have authority to direct corrective action or to \n initiate enforcement action;\n (6) ensure anonymity of individuals reporting to the \n system, to the extent permitted by law; and\n (7) conduct other activities as requested by the \n Secretaries.","summary":"Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of variola virus. Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies. And (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.","title":"A bill to reauthorize the Select Agent Program by amending the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 and to improve oversight of high containment laboratories.","text_len":18880,"sum_len":1718} {"bill_id":"103_hr2231","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women's Human Rights Protection Act \nof 1993''.\n\nSEC. 2. CONGRESSIONAL DECLARATION.\n\n The Congress makes the following findings and declarations:\n (1) It is the sense of Congress that the State Department \n should designate within the appropriate bureau a special \n assistant to the Assistant Secretary to promote international \n women's human rights within the overall human rights policy of \n the United States Government.\n (2) The purpose of assigning a special assistant on women's \n human rights issues is not to segregate such issues, but rather \n to assure that they are considered along with other human \n rights issues in the development of United States foreign \n policy.\n (3) A specifically designated special assistant is \n necessary because within the human rights field and the foreign \n policy establishment, the issues of gender-based discrimination \n and violence against women have long been ignored or made \n invisible.\n (4) The Congress believes that abuses against women would \n have greater visibility and protection of women's human rights \n would improve if the advocate were responsible for integrating \n women's human rights issues into United States human rights \n policy in ways including, but not limited to, the following:\n (A) The designated women's human rights advocate \n would seek to assure that the issue of abuses against \n women, along with human rights issues generally, are a \n factor in determining appropriate recipients for United \n States bilateral assistance as well as United States \n votes at the multilateral development banks.\n (B) The advocate would work with the regional \n bureaus of the Department of State to devise strategies \n for the executive branch to bring pressure to bear on \n governments that engage in violence or systematic \n discrimination against women or fail to afford equal \n treatment of women before the law.\n (C) The advocate would, in consultation with the \n bureau responsible for international organizations, \n pursue strategies to increase the visibility and \n integration of gender-based persecution and violence in \n multilateral fora including, but not limited to, the \n United States Commission on Human Rights and the \n Working Group on Torture.\n (D) The advocate would seek to assure that the \n United States Trade Representative conduct inquiries \n and take steps to prevent countries from receiving \n trade benefits under the Generalized System of \n Preferences and most favored nation status where \n governments fail to address violence, systematic \n discrimination, and exploitation of women workers.\n (E) The advocate would seek to assure that the \n protection of women's human rights, including womens' \n participation in the political process, women's right \n to freedom of association and expression, and freedom \n from discrimination, would be addressed in the context \n of United States funded programs in the area of \n democracy including, but not limited to, democracy \n programs at the Agency for International Development \n (AID), democracy programs for Eastern Europe funded by \n the Support Eastern European Democracy (SEED) \n legislation, and new programs that may be contemplated.\n (F) The advocate would seek to assure that United \n States assistance programs in the area of \n administration of justice include efforts to redress \n violations of women's rights.\n (G) The advocate would work with AID and the \n appropriate office at the Department of State to secure \n funding for programs to meet the needs of women victims \n of human rights abuses including, but not limited to, \n medical and psychological assistance for rape victims.\n (H) The advocate would work to assure United States \n ratification of the United Nations Convention on the \n Elimination of All Forms of Discrimination Against \n Women (CEDAW) and oversee the preparation of reports \n pursuant to that Convention.\n (I) The advocate would seek to upgrade the quality \n and quantity of information about abuses of women's \n human rights in the reporting from United States \n embassies overseas, incorporate that information not \n only in the State Department Country Reports on Human \n Rights, but also in other public statements and \n documents including, but not limited to, congressional \n testimony and private demarches.\n\nSEC. 3. REPORT TO CONGRESS.\n\n (a) Report.--Not later than one year after the date of enactment of \nthis Act, the Secretary of State shall submit a report to the Congress \non the steps taken to create the position described in section 2 or to \notherwise fulfill the objectives detailed in that section.\n (b) United States Ratification of CEDAW.--If the United Nations \nConvention on the Elimination of All Forms of Discrimination Against \nWomen (CEDAW) has not been submitted to the Senate for ratification, \nnot more than 90 days after the date of enactment of this Act, the \nSecretary of State shall submit a report to the Congress on the \nadministration's position on the ratification of CEDAW and timetable \nfor submission of CEDAW for congressional consideration and approval.","summary":"Women's Human Rights Protection Act of 1993 - Directs the Secretary of State to report to the Congress on steps taken to create a special assistant to the Assistant Secretary of State to promote international women's human rights or to fulfill other specified objectives concerning such rights. Requires the Secretary, if the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, to report to the Congress on the Administration's position on ratification and the timetable for submission of CEDAW for congressional approval.","title":"Women's Human Rights Protection Act of 1993","text_len":6223,"sum_len":623} {"bill_id":"103_hr1292","text":"SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Immigration Anti-\nDiscrimination Improvement Act of 1993''.\n (b) Congressional Approval of GAO Findings.--The Congress approves \nthe findings of the Comptroller General contained in the General \nAccounting Office (GAO) report entitled ``Immigration Reform: Employer \nSanctions and the Question of Discrimination'', dated March 29, 1990 \n(identification number GAO\/GGD-90-92).\n\nSEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION \n PROVISIONS.\n\n (a) In General.--Section 274B(c) of the Immigration and Nationality \nAct (8 U.S.C. 1324b(c)) is amended by adding at the end the following \nnew paragraph:\n ``(5) Use of funds.--Notwithstanding section 3302 of title \n 31, United States Code, all civil penalties collected under \n this section shall be credited to the appropriation to be used \n in carrying out this section.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to penalties assessed during fiscal years beginning with fiscal \nyear 1994.\n\nSEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT.\n\n In addition to any other accounts authorized to be appropriated, \nthere are authorized to be appropriated for each fiscal year (beginning \nwith fiscal year 1994), $10,000,000 for activities of regional offices \nof the Special Counsel for Immigration-Related Unfair Employment \nPractices within the Department of Justice.\n\nSEC. 4. ANNUAL REPORTS.\n\n Section 274B of the Immigration and Nationality Act (8 U.S.C. \n1324b) is amended by adding at the end the following new subsection:\n ``(m) Annual Reports.--\n ``(1) GAO.--The Comptroller General shall submit to \n Congress each year a report concerning--\n ``(A) the pervasiveness of unfair immigration-\n related employment practices described in subsection \n (a), and\n ``(B) enforcement under this section with respect \n to such practices.\n ``(2) Attorney general.--The Attorney General shall submit \n to Congress each year a report on the enforcement actions under \n this section (and under title VII of the Civil Rights Act of \n 1964) with respect to unfair immigration-related employment \n practices described in subsection (a).''.\n\nSEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES.\n\n Section 274B(c)(4) of the Immigration and Nationality Act (8 U.S.C. \n1324b(c)(4)) is amended by adding at the end the following: ``The \nSpecial Counsel shall provide for agreements with Federal and State \nagencies involved with enforcement of laws relating to prohibiting \ndiscrimination on the basis of national origin under which such \nagencies would receive charges respecting unfair immigration-related \nemployment practices under this section and promptly forward such \ncharges to the Special Counsel.''.\n\nSEC. 6. NATIONAL HOTLINE.\n\n Section 274B(c)(2) of the Immigration and Nationality Act (8 U.S.C. \n1324b(c)(2)) is amended by adding at the end the following new \nsentence: ``The Special Counsel shall establish a national, toll-free \ntelephone service to receive charges of unfair immigration-related \nemployment practices and otherwise provide for such outreach efforts as \nwill educate the public concerning the provisions of this section.''.\n\nSEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS.\n\n The Attorney General, through or in consultation with the Special \nCounsel for Immigration-Related Unfair Employment Practices, shall \nprovide technical assistance to States and local governments concerning \nthe provisions of section 274A and 274B of the Immigration and \nNationality Act and the roles provided for receipt of charges of \nviolations of such sections.\n\nSEC. 8. MONITORING PANEL.\n\n The Attorney General shall establish a monitoring panel, composed \nof citizens, representatives of the Mexican American Legal Defense and \nEducation Fund, La Raza, and other community-based organizations, civil \nrights groups, public interest groups, and nonprofit foundations, to \nmonitor the application of the anti-discrimination provisions in \nsection 274B of the Immigration and Nationality Act and to report \nannually to the Attorney General and the Congress respecting such \nimplementation.\n\nSEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR \n PERVASIVE VIOLATORS.\n\n (a) In General.--Section 274B(g)(2) of the Immigration and \nNationality Act (8 U.S.C. 1324b(g)(2)) is amended by adding at the end \nthe following new subparagraph:\n ``(E) Additional remedy.--If an administrative law \n judge determines that a person or entity has engaged in \n or is engaging in a pervasive pattern of unfair \n immigration-related employment practices, the judge may \n order the person or entity to be disqualified from \n being issued any contract under Federal law during a \n period of up to 1 year.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to unfair immigration-related employment practices occurring on \nor after the date of the enactment of this Act.","summary":"Immigration Anti-Discrimination Improvement Act of 1993 - Expresses congressional approval of a specified General Accounting Office immigration employment discrimination report. Increases budget authority for Department of Justice regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices. Amends the Immigration and Nationality Act with regard to unfair immigration-related employment provisions to: (1) authorize penalties collected under such provisions to be used in carrying out enforcement activities. (2) require inclusion of enforcement and related activities in certain reports to the Congress, (3) establish a national toll-free telephone hotline. (4) subject persons who engage in pervasive violations of such provisions to a one-year Federal contract disqualification. And (5) provide for District Office receipt of charges. Directs the Attorney General to appoint a citizens and community group panel, including members of specified Mexican-American organizations, to monitor the application of such anti-discrimination provisions and to report annually to the Attorney General and to the Congress.","title":"Immigration Anti-Discrimination Improvement Act of 1993","text_len":5367,"sum_len":1145} {"bill_id":"114_s2216","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior$afe Act of 2015''.\n\nSEC. 2. IMMUNITY.\n\n (a) Definitions.--In this Act--\n (1) the term ``bank'' has the meaning given the term in \n section 202(a) of the Investment Advisers Act of 1940 (15 \n U.S.C. 80b-2(a));\n (2) the term ``broker-dealer'' means--\n (A) a broker, as defined in section 3(a) of the \n Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or\n (B) a dealer, as defined in section 3(a) of the \n Securities Exchange Act of 1934 (15 U.S.C. 78c(a));\n (3) the term ``covered agency'' means--\n (A) a State financial regulatory agency;\n (B) each of the Federal financial institutions \n regulatory agencies;\n (C) a law enforcement agency; and\n (D) the adult protective services agency of a \n State;\n (4) the term ``covered financial institution'' means--\n (A) a bank;\n (B) a credit union;\n (C) an investment adviser; and\n (D) a broker-dealer;\n (5) the term ``credit union'' has the meaning given the \n term in section 2 of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act (12 U.S.C. 5301);\n (6) the term ``exploitation'' has the meaning given the \n term in section 2011 of the Social Security Act (42 U.S.C. \n 1397j);\n (7) the term ``Federal financial institutions regulatory \n agencies'' has the meaning given the term in section 1003 of \n the Federal Financial Institutions Examination Council Act of \n 1978 (12 U.S.C. 3302);\n (8) the term ``investment adviser'' has the meaning given \n the term in section 202 of the Investment Advisers Act of 1940 \n (15 U.S.C. 80b-2); and\n (9) the term ``senior citizen'' means an individual who is \n not less than 65 years of age.\n (b) Immunity From Suit.--\n (1) Immunity for individuals.--Notwithstanding section 502 \n of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any \n regulations adopted thereunder, an individual who has received \n the training described in section 3 shall not be liable, \n including in any civil or administrative proceeding, for \n disclosing the possible exploitation of a senior citizen to a \n covered agency if the individual, at the time of the \n disclosure--\n (A) served as a supervisor, compliance officer, or \n legal advisor for a covered financial institution; and\n (B) made the disclosure--\n (i) in good faith; and\n (ii) with reasonable care.\n (2) Immunity for covered financial institutions.--\n Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 \n U.S.C. 6802), including any regulations adopted thereunder, a \n covered financial institution shall not be liable, including in \n any civil or administrative proceeding, for a disclosure made \n by an individual described in paragraph (1) if--\n (A) the individual was employed by the covered \n financial institution at the time of the disclosure; \n and\n (B) before the time of the disclosure, the covered \n financial institution provided the training described \n in section 3 to each officer or employee of the covered \n financial institution described in section 3(a).\n\nSEC. 3. TRAINING REQUIRED.\n\n (a) In General.--A covered financial institution may provide \ntraining regarding the identification and reporting of the suspected \nexploitation of a senior citizen to each officer or employee of the \ncovered financial institution who--\n (1) is described in section 2(b)(1)(A);\n (2) may come into contact with a senior citizen as a \n regular part of the duties of the officer or employee; or\n (3) may review or approve the financial documents, records, \n or transactions of a senior citizen in connection with \n providing financial services to a senior citizen.\n (b) Training.--The training required under subsection (a) shall be \nprovided as soon as reasonably practicable but not more than 12 months \nafter the date on which an officer or employee begins employment with \nthe covered financial institution.\n\nSEC. 4. PREEMPTION.\n\n Nothing in this Act shall be construed to preempt or limit any \nprovision of State law, to the extent that any provision of State law \nprovides a similar or greater level of protection against liability to \nan individual described in section 2(b)(1) or a covered financial \ninstitution described in section 2(b)(2) than is provided under those \nsections.","summary":"Senior$afe Act of 2015 This bill provides that: (1) a supervisor, compliance officer, or legal advisor for a covered financial institution who has received training regarding the identification and reporting of the suspected exploitation of a senior citizen shall not be liable for disclosing such exploitation to a covered agency if such individual made the disclosure in good faith and with reasonable care. And (2) a covered financial institution shall not be liable for such a disclosure by such an individual if such individual was employed by the institution at the time of the disclosure and the institution had provided such training. A quot, covered financial institutionquot. Means a bank, a credit union, an investment adviser, or a broker-dealer. A quot, covered agencyquot. Means each of the federal financial institutions regulatory agencies or a state financial regulatory agency, law enforcement agency, or adult protective services agency. A covered financial institution may provide such training to each of its supervisors, compliance officers, or legal advisors who: (1) may come into contact with a senior citizen as a regular part of such employee's duties. Or (2) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing him or her financial services.","title":"Senior$afe Act of 2015","text_len":5042,"sum_len":1338} {"bill_id":"111_s2959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Elections Act of 2010''.\n\nSEC. 2. FOREIGN NATIONALS PROHIBITED FROM MAKING CONTRIBUTIONS, \n DONATIONS, OR EXPENDITURES IN CONNECTION WITH A FEDERAL, \n STATE, OR LOCAL ELECTION.\n\n Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441e) is amended--\n (1) in subsection (b)--\n (A) in paragraph (1), by striking ``or'' at the \n end;\n (B) in paragraph (2), by striking the period at the \n end and inserting ``; or''; and\n (C) by adding at the end the following new \n paragraph:\n ``(3) any corporation (other than a foreign principal \n described in paragraph (1)) under foreign control or \n substantial foreign influence, including a corporation in \n which--\n ``(A) a foreign principal or an individual \n described in paragraph (2)--\n ``(i) provided the corporation a majority \n of its gross receipts for the immediately \n preceding fiscal year, or the current pro-rated \n fiscal year if the corporation was established \n during the current fiscal year;\n ``(ii) controls 20 percent or more of the \n voting shares of the corporation;\n ``(iii) controls a majority of the Board of \n Directors of the corporation; or\n ``(iv) has the power to direct, dictate, \n control, or directly or indirectly participate \n in the decisionmaking process of the \n corporation with respect to activities in \n connection with a Federal, State, or local \n election, such as a decision concerning--\n ``(I) the making of a contribution, \n donation, expenditure, or disbursement \n in connection with such an election; or\n ``(II) the administration of a \n political committee; or\n ``(B) 2 or more foreign principals or individuals \n described in paragraph (2), in the aggregate--\n ``(i) provided the corporation a majority \n of its gross receipts for the immediately \n preceding fiscal year, or the current pro-rated \n fiscal year if the corporation was established \n during the current fiscal year;\n ``(ii) control 25 percent or more of the \n voting shares of the corporation; or\n ``(iii) control a majority of the Board of \n Directors of the corporation.''; and\n (2) by adding at the end the following new subsection:\n ``(c) Certification of Compliance.--A corporation shall, prior to \ncarrying out any activity described in subsection (a), certify (in a \nform and manner specified by the Commission) that the corporation is in \ncompliance with this section.''.\n\nSEC. 3. DISCLOSURE OF INFLUENCE OF FOREIGN NATIONALS IN CONNECTION WITH \n A FEDERAL, STATE, OR LOCAL ELECTION.\n\n Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441d) is amended--\n (1) in subsection (a)(3)--\n (A) by striking ``shall clearly state the name'' \n and inserting ``shall clearly state--\n ``(A) the name'';\n (B) in subparagraph (A), as added by subparagraph \n (A), by striking the period at the end and inserting \n ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(B) if the person who paid for the communication \n is a corporation, the percentage of voting shares of \n the corporation that are controlled by a foreign \n national (as defined in section 319(b)) or, if no such \n shares exist, the percentage of gross receipts that the \n corporation received from a foreign national (as so \n defined) in the immediately preceding fiscal year, or \n the current pro-rated fiscal year if the corporation \n was established during the current fiscal year.''; and\n (2) in subsection (d)(2)--\n (A) by striking ``others.--Any communication'' and \n inserting ``others.--\n ``(A) In general.--Any communication''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) Supplemental audio statements by \n corporations.--\n ``(i) Corporations with voting stock.--If \n the person who paid for a communication \n described in paragraph (3) of subsection (a) is \n a corporation that has voting stock, such \n communication shall include, in addition to the \n requirements of that paragraph and the audio \n statement required under subparagraph (A), in a \n clearly spoken manner, the following audio \n statement: `` _______ of our corporation is \n controlled by foreign nationals.'' (With the \n blank to be filled in with the percentage of \n voting shares of the corporation that is owned \n by foreign nationals, as defined in section \n 319(b)).\n ``(ii) Corporations without voting stock.--\n If the person who paid for a communication \n described in paragraph (3) of subsection (a) is \n a corporation that does not have voting stock, \n such communication shall include, in addition \n to the requirements of that paragraph and the \n audio statement required under subparagraph \n (A), in a clearly spoken manner, the following \n audio statement: `` _______ of our \n organization's funds come from foreign \n nationals.'' (With the blank to be filled in \n with the percentage of gross receipts for the \n immediately preceding fiscal year, or the \n current pro-rated fiscal year if the \n corporation was established the current fiscal \n year, that the corporation received from a \n foreign national, as defined in section \n 319(b)).\n ``(iii) Transmission through television.--\n The second sentence of subparagraph (A) shall \n apply to a supplemental audio statement under \n this paragraph in the same manner as such \n sentence applies to an audio statement under \n such subparagraph.''.\n\nSEC. 4. SEVERABILITY.\n\n If any provision of this Act or amendment made by this Act, or the \napplication of a provision or amendment to any person or circumstance, \nis held to be unconstitutional, the remainder of this Act and \namendments made by this Act, and the application of the provisions and \namendment to any person or circumstance, shall not be affected by the \nholding.\n\nSEC. 5. EFFECTIVE DATE.\n\n The provisions of and amendments made by this Act shall apply with \nrespect to contributions and expenditures made on or after the date \nthat is 45 days after the date of enactment of this Act.","summary":"American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to: (1) apply to any domestic corporation under foreign control or specified substantial foreign influence the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election. And (2) require disclosure in certain print or broadcast communications paid for by a coporation the percentage of corporate voting shares controlled by a foreign national, or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national in the immediately preceding fiscal year or current pro-rated fiscal year. Requires any such broadcast communications paid for by a corporation to include an audio statement on the percentage of the corporation's shares controlled by, or of its funds that come from, foreign nationals.","title":"A bill to amend the Federal Election Campaign Act of 1971 to protect Federal, State, and local elections from the influence of foreign nationals.","text_len":8280,"sum_len":882} {"bill_id":"112_s261","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employees' Compensation \nReform Act of 2011''.\n\nSEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE \n EMPLOYEES.\n\n (a) Transition to Retirement.--\n (1) In general.--Chapter 81 of title 5, United States Code, \n is amended by inserting after section 8106 the following:\n``Sec. 8106a. Transition to retirement\n ``(a) Definitions.--In this section--\n ``(1) the term `covered employee' means an employee who--\n ``(A) is paid compensation under section 8105 or \n 8106; and\n ``(B) on or after attaining retirement age is \n eligible for an annuity under chapter 83 or 84 (other \n than a survivor annuity); and\n ``(2) the term `retirement age' has the meaning given under \n section 216(l)(1) of the Social Security Act (42 U.S.C. \n 416(l)(1)).\n ``(b) Notwithstanding any other provision of this chapter, the \npayment of compensation under section 8105 or 8106 to a covered \nemployee shall terminate on the date that the covered employee--\n ``(1) attains retirement age and is eligible for an annuity \n under chapter 83 or 84 (other than a survivor annuity); or\n ``(2) after attaining retirement age becomes eligible for \n an annuity under chapter 83 or 84 (other than a survivor \n annuity).\n ``(c) Not later than 1 year before the date that a covered employee \nattains retirement age or subsequently becomes eligible for an annuity \nunder chapter 83 or 84 (other than a survivor annuity), the Secretary \nof Labor shall provide notice of this section to--\n ``(1) the covered employee;\n ``(2) the employing agency of that covered employee; and\n ``(3) the Office of Personnel Management.\n ``(d) The employing agency of a covered employee shall file an \napplication for an annuity with the Office of Personnel Management in \naccordance with section 8352 or 8471.''.\n (2) Technical and conforming amendment.--The table of \n sections for chapter 81 of title 5, United States Code, is \n amended by inserting after the item relating to section 8106 \n the following:\n\n``Sec. 8106a. Transition to retirement.''.\n (b) Filing of Applications.--\n (1) Civil service retirement system.--\n (A) In general.--Chapter 83 of title 5, United \n States Code, is amended by inserting after section 8351 \n the following:\n``Sec. 8352. Employees transitioning from workers compensation\n ``(a) Definition.--In this section, the term `covered employee' \nmeans an employee who is a covered employee as defined under section \n8106a(a)(1) and is eligible for an annuity under this chapter.\n ``(b) Applications.--Not later than 1 year before the date of the \ntermination of payments of compensation under section 8106a(b) to a \ncovered employee who is eligible for an annuity under this chapter, the \nemploying agency of that covered employee shall file an application for \nan annuity for that covered employee under this chapter with the Office \nof Personnel Management.\n ``(c) Regulations.--The Office of Personnel Management shall \nprescribe regulations to carry out this section.''.\n (B) Technical and conforming amendment.--The table \n of sections for chapter 83 of title 5, United States \n Code, is amended by inserting after the item relating \n to section 8351 the following:\n\n``Sec. 8352. Employees transitioning from workers compensation.''.\n (2) Federal employees retirement system.--\n (A) In general.--Chapter 84 of title 5, United \n States Code, is amended by inserting after section 8470 \n the following:\n``Sec. 8471. Employees transitioning from workers compensation\n ``(a) Definition.--In this section, the term `covered employee' \nmeans an employee who is a covered employee as defined under section \n8106a(a)(1) and is eligible for an annuity under this chapter.\n ``(b) Applications.--Not later than 1 year before the date of the \ntermination of payments of compensation under section 8106a(b) to a \ncovered employee who is eligible for an annuity under this chapter, the \nemploying agency of that covered employee shall file an application for \nan annuity for that covered employee under this chapter with the Office \nof Personnel Management.\n ``(c) Regulations.--The Office of Personnel Management shall \nprescribe regulations to carry out this section.''.\n (B) Technical and conforming amendment.--The table \n of sections for chapter 84 of title 5, United States \n Code, is amended by inserting after the item relating \n to section 8456 the following:\n\n``Sec. 8471. Employees transitioning from workers compensation.''.\n\nSEC. 3. REGULATIONS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Labor, after consultation with the Director of the \nOffice of Personnel Management, shall prescribe regulations to carry \nout this Act.\n\nSEC. 4. EFFECTIVE DATE.\n\n (a) In General.--Except as provided under subsection (b), this Act \n(including the amendments made by this Act) shall take effect on the \ndate of enactment of this Act.\n (b) Termination of Compensation.--Section 8106a(b) of title 5, \nUnited States Code, (as added by section 2 of this Act) shall take \neffect 1 year after the date regulations are prescribed under section \n3.","summary":"Federal Employees' Compensation Reform Act of 2011 - Requires federal employees, including postal employees, who are receiving total or partial disability benefits under the Federal Employees Compensation Act (FECA) to convert to the federal retirement system when such employees reach retirement age as defined by the Social Security Act and are otherwise eligible for an annuity under the the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS).","title":"A bill to amend chapter 81 of title 5, United States Code, to provide for reform relating to Federal employees workers compensation.","text_len":5679,"sum_len":484} {"bill_id":"113_s2352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Russian Weapons Embargo Act of \n2014''.\n\nSEC. 2. PROHIBITION ON DIRECT OR INDIRECT USE OF FUNDS TO ENTER INTO \n CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.\n\n (a) Prohibition.--\n (1) In general.--The head of an executive agency may not \n enter into a contract, subcontract, memorandum of \n understanding, or cooperative agreement with, or make a grant \n to, or provide a loan or loan agreement to Rosoboronexport, any \n subsidiary or affiliate of Rosoboronexport, or any entity that \n has a business relationship with Rosoboronexport or any \n subsidiary or affiliate of Rosoboronexport related to the \n design, manufacture, or sale of military equipment.\n (2) Termination of existing contracts and agreements.--The \n head of each executive agency shall immediately terminate any \n contract, subcontract, memorandum of understanding, cooperative \n agreement, loan, or loan agreement described in paragraph (1).\n (b) National Security Waiver Authority.--The President may waive \nthe applicability of subsection (a) if the President, in consultation \nwith the Secretary of Defense, the Secretary of State, and the Director \nof National Intelligence, certifies in writing to the appropriate \ncongressional committees that, to the best of the President's \nknowledge--\n (1) Rosoboronexport has ceased the transfer of lethal \n military equipment to, and the maintenance of existing lethal \n military equipment for, the Government of the Syrian Arab \n Republic;\n (2) the armed forces of the Russian Federation have \n withdrawn from Crimea (other than military forces present on \n military bases subject to agreements in force between the \n Government of the Russian Federation and the Government of \n Ukraine); and\n (3) agents of the Russian Federation are not taking active \n measures to destabilize the control of the Government of \n Ukraine over eastern Ukraine (including through active support \n of efforts to unlawfully occupy facilities of the Government of \n Ukraine).\n (c) Reprogramming Authority.--\n (1) In general.--The President may reprogram funds \n appropriated or otherwise made available for Economic Support \n Fund assistance or security assistance for the government of a \n country that, on or after the date of the enactment of this \n Act, enters into a contract, memorandum of understanding, or \n cooperative agreement with, or makes a grant to, or provides a \n loan or loan agreement to Rosoboronexport, or any subsidiary or \n affiliate of Rosoboronexport, in an amount up to or equal to \n the total amount of each such contract, memorandum of \n understanding, cooperative agreement, loan, or loan agreement.\n (2) Notification.--The President shall notify Congress not \n later than 15 days before reprogramming funds under paragraph \n (1).\n (d) Definitions.--In this section:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Armed Services, the Committee \n on Foreign Relations, and the Committee on \n Appropriations of the Senate; and\n (B) the Committee on Armed Services, the Committee \n on Foreign Affairs, and the Committee on Appropriations \n of the House of Representatives.\n (2) Executive agency.--The term ``executive agency'' has \n the meaning given the term in section 133 of title 41, United \n States Code.\n\nSEC. 3. REPORT ON ROSOBORONEXPORT ACTIVITIES.\n\n (a) Report Required.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Defense shall submit to the \ncongressional defense committees a report setting forth the following:\n (1) A list of the known transfers of lethal military \n equipment by Rosoboronexport to the Government of the Syrian \n Arab Republic since March 15, 2011.\n (2) A list of the known contracts, if any, that \n Rosoboronexport has signed with the Government of the Syrian \n Arab Republic since March 15, 2011.\n (3) A detailed list of all existing contracts, \n subcontracts, memorandums of understanding, cooperative \n agreements, grants, loans, and loan guarantees between the \n Department of Defense and Rosoboronexport, including a \n description of the transaction, signing dates, values, and \n quantities.\n (b) Form.--The report required by subsection (a) shall be submitted \nin unclassified form, but may include a classified annex.\n (c) Congressional Defense Committees Defined.--In this section, the \nterm ``congressional defense committees'' has the meaning given the \nterm in section 101(a)(16) of title 10, United States Code.","summary":"Russian Weapons Embargo Act of 2014 - Prohibits the head of any executive agency from entering into a contract, subcontract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport, any subsidiary or affiliate of it, or any entity that has a business relationship with Rosoboronexport regarding the design, manufacture, or sale of military equipment. Requires the head of each executive agency to terminate any such arrangement. Authorizes the President to waive such prohibition if : (1) Rosoboronexport has ceased the transfer of military equipment to, and the maintenance of existing military equipment for, the government of Syria. (2) the armed forces of the Russian Federation have withdrawn from Crimea. And (3) agents of the Russian Federation are not taking measures to destabilize the control of the government of Ukraine over eastern Ukraine. Authorizes the President to reprogram Economic Support Fund assistance or security assistance for the government of any country that enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant or loan to Rosoboronexport or any subsidiary or affiliate of it in an amount up to or equal to the total amount of each such arrangement.","title":"Russian Weapons Embargo Act of 2014","text_len":5129,"sum_len":1304} {"bill_id":"107_hr4722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lake Erie Western Basin \nInternational Wildlife Refuge Establishment Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The western basin of Lake Erie, as part of the Great \n Lakes ecosystem, the largest freshwater ecosystem on the face \n of the Earth, is vitally important to the economic and \n environmental future of the United States.\n (2) Over the past three decades, the citizens and \n governmental institutions of both the United States and Canada \n have devoted increasing attention and resources to the \n restoration of the water quality and fisheries of the Great \n Lakes, including the western basin. This increased awareness \n has been accompanied by a gradual shift to a holistic \n ``ecosystem approach'' that highlights a growing recognition \n that shoreline areas--the nearshore terrestrial ecosystems--are \n an integral part of the western basin and the Great Lakes \n ecosystem as a whole.\n (3) The Great Lakes account for more than 90 percent of the \n surface freshwater in the nation. The western basin receives \n approximately 90 percent of its flow from the Detroit River and \n only approximately 10 percent from tributaries.\n (4) The western basin of Lake Erie is an important \n ecosystem that includes a number of distinct islands, channels, \n rivers, and shoals that support dense populations of fish, \n wildlife, and aquatic plants.\n (5) The coastal wetlands of Lake Erie support the largest \n diversity of plant and wildlife species in the Great Lakes. The \n moderate climate of Lake Erie and its more southern latitude \n allow for many species that are not found in or along the \n northern Great Lakes. More than 300 species of plants, \n including 37 significant species, have been identified in the \n aquatic and wetland habitats of the western basin.\n (6) The shallow western basin, from the Lower Detroit River \n to Sandusky Bay, is home to the largest concentration of \n marshes in Lake Erie, including Mouille, Metzger, and Magee \n marshes, the Maumee Bay wetland complex, the wetland complexes \n flanking Locust Point, and the wetlands in Sandusky Bay. The \n larger United States islands in western Lake Erie have wetlands \n in the small ebayments.\n (7) The wetlands in the western basin of Lake Erie comprise \n as some of the most important waterfowl habitat in the Great \n Lakes. Waterfowl, wading birds, shore birds, gulls and terns, \n raptors, and perching birds all use the western basin wetlands \n for migration, nesting, and feeding. Hundreds of thousands of \n diving ducks stop to rest in the Lake Erie area on their fall \n migration from Canada to the east and south. The wetlands of \n the western basin provide a major stopover for sea ducks such \n as migrating bufflehead, common goldeneye, common mergansers, \n and ruddy duck.\n (8) The international importance of Lake Erie is manifested \n in the United States congressional designation of the Ottawa \n and Cedar Point National Wildlife Refuges.\n (9) Lake Erie has an international reputation for walleye, \n perch, and bass fishing, recreational boating, birding, \n photography, and duck hunting. On an economic basis, Lake Erie \n tourism accounts for an estimate $1,500,000,000 in retail sales \n and more than 50,000 jobs.\n (10) Many of the 417,000 boats that are registered in Ohio \n are used in the western basin of Lake Erie, in part to fish for \n the estimated 10,000,000 walleye that migrate from the lake to \n spawn. This internationally renowned walleye fishery drives \n much of Ohio's $2,000,000,000 sport fishing industry.\n (11) Coastal wetlands in the western basin have been \n subjected to intense pressure for 150 years. Prior to 1850, the \nwestern basin was part of an extensive coastal marsh and swamp system \nof approximately 122,000 hectares that comprised a portion of the Great \nBlack Swamp. By 1951, only 12,407 wetland hectares remained in the \nwestern basin. Half of that acreage was destroyed between 1972 and \n1987. Therefore, today only approximately 5,000 hectares remain. Along \nthe Michigan shoreline, coastal wetlands were reduced by 62 percent \nbetween 1916 and the early 1970s. The development of the city of Monroe \nhas had a particularly significant impact on the coastal wetlands at \nthe mouth of the Raisin River: only approximately 100 hectares remain \nphysically unaltered today in an area where 70 years ago marshes were \n10 times more extensive. In addition to the actual loss of coastal \nwetland acreage along the shores of Lake Erie, the quality of many \nremaining wetlands has been degraded by numerous stressors, especially \nexcessive loadings of sediments and nutrients, contaminants, shoreline \nmodification, exotic species, and the diking of wetlands. Protective \npeninsula beach systems, such as the former Bay Point and Woodtick, at \nthe border of Ohio and Michigan near the mouth of the Ottawa River and \nMaumee Bay, have been eroded over the years, exacerbating erosion along \nthe shorelines and impacting the breeding and spawning grounds.\n\n SEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Refuge'' means the Lake Erie Western Basin \n International Wildlife Refuge established by section 5.\n (2) The term ``Secretary'' means the Secretary of the \n Interior.\n (3) The term ``Lake Erie Western Basin'' means those lands \n and waters within the area described in section 5(a).\n\nSEC. 4. PURPOSES.\n\n The purposes for which the Refuge is established and shall be \nmanaged are as follows:\n (1) To protect the remaining high-quality fish and wildlife \n habitats of the western basins of Lake Erie before they are \n lost to further development and to restore and enhance degraded \n wildlife habitats associated with the western basin of Lake \n Erie.\n (2) To assist in international efforts to conserve, \n enhance, and restore the native aquatic and terrestrial \n community characteristics of the western basin of Lake Erie \n (including associated fish, wildlife, and plant species), both \n in the United States and Canada in partnership with \n nongovernmental and private organizations, as well as private \n individuals dedicated to habitat enhancement.\n (3) To facilitate partnerships among the United States Fish \n and Wildlife Service, Canadian national and provincial \n authorities, State and local governments, local communities in \n the United States and in Canada, conservation organizations, \n and other non-Federal entities to promote public awareness of \n the resources of the western basin of Lake Erie.\n (4) To advance the collective goals and priorities \n established in the ``Great Lakes Strategy 2002--A Plan for the \n New Millennium'', by the United States Policy Committee \n comprised of various Federal agencies, including the United \n States Fish and Wildlife Service, the Environmental Protection \n Agency, the Army Corps of Engineers, the National Oceanic and \n Atmospheric Administration, the United States Geological \n Survey, the Agency for Toxic Substances and Disease Registry, \n the Forest Service, and the Great Lakes Fishery Commission, as \n well as the State governments and tribal governments in the \n Great Lakes. These goals, broadly stated, include working \n together to protect and restore the chemical, physical, and \n biological integrity of the Great Lakes basin ecosystem.\n\nSEC. 5. ESTABLISHMENT OF REFUGE.\n\n (a) Boundaries.--There is hereby established the Lake Erie Western \nBasin International Wildlife Refuge, consisting of the lands and waters \nowned or managed by the Secretary pursuant to this Act in the State of \nMichigan from the southern boundary of Sterling State Park to the \neastern edge of Sandusky Bay, as depicted upon the map entitled ``Lake \nErie Western Basin International Wildlife Refuge Proposed'', dated May \n12, 2002, which shall be available for inspection in appropriate \noffices of the United States Fish and Wildlife Service.\n (b) Existing Refuge Lands.--The Ottawa National Wildlife Refuge and \nthe Cedar Point National Wildlife Refuge are hereby included within, \nand shall be a part of, the Lake Erie Western Basin International \nWildlife Refuge. All references to the Ottawa and Cedar Point national \nwildlife refuges shall hereafter be treated as references to the Lake \nErie Western Basin International Wildlife Refuge.\n (c) Boundary Revisions.--The Secretary may make such revisions of \nthe boundaries of the Refuge as may be appropriate to carry out the \npurposes of the Refuge or to facilitate the acquisition of property \nwithin the Refuge.\n (d) Acquisition.--The Secretary is authorized to acquire by \ndonation, purchase with donated or appropriated funds, or exchange the \nlands and waters, or interests therein (including conservation \neasements), within the boundaries of the Refuge. Any and all \nacquisitions of lands or waters under the provisions of this Act shall \nbe made in a voluntary manner and shall not be the result of forced \ntakings.\n (e) Transfers From Other Agencies.--Any Federal property located \nwithin the boundaries of the Refuge which is under the administrative \njurisdiction of another department or agency of the United States may, \nwith the concurrence of the head of administering department or agency, \nbe transferred without consideration to the administrative jurisdiction \nof the Secretary for the purposes of this Act.\n (f) Study of Associated Area.--The Secretary, acting through the \nDirector of the United States Fish and Wildlife Service, shall conduct \na study of fish and wildlife habitat and aquatic and terrestrial \ncommunities of the Maumee River, from its mouth to an appropriate \njuncture along the Maumee River Heritage Corridor between Toledo and \nFort Wayne, Indiana. Not later than 18 months after the date of the \nenactment of the Act, the Secretary shall complete such study and \nsubmit a report containing the results thereof to the Congress.\n\nSEC. 6. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer all federally owned \nlands, waters, and interests therein that are within the boundaries of \nthe Refuge in accordance with the National Wildlife Refuge System \nAdministration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The \nSecretary may use such additional statutory authority as may be \navailable for the conservation of fish and wildlife, and the provision \nof fish and wildlife dependent recreational opportunities as the \nSecretary considers appropriate to carry out the purposes of this Act.\n (b) Priority Uses.--In providing opportunities for compatible fish \nand wildlife dependent recreation, the Secretary, in accordance with \nparagraphs (3) and (4) of section 4(a) of the National Wildlife Refuge \nSystem Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure \nthat hunting, fishing, wildlife observation and photography, and \nenvironmental education and interpretation are the priority public uses \nof the Refuge.\n (c) Cooperative Agreements Regarding Non-Federal Lands.--The \nSecretary is authorized to enter into cooperative agreements with the \nState of Ohio or Michigan, or any political subdivision thereof, and \nwith any other person or entity for the management in a manner \nconsistent with this Act of lands that are owned by such State, \nsubdivision, or other person or entity and located within the \nboundaries of the Refuge and to promote public awareness of the \nresources of the Lake Erie Western Basin International Wildlife Refuge \nand encourage public participation in the conservation of those \nresources.\n (d) Use of Existing Greenway Authority.--The Secretary shall \nencourage the State of Ohio to use existing authorities under the \nTransportation Equity Act for the 21st Century to provide funding for \nacquisition and development of trails within the boundaries of the \nRefuge.","summary":"Lake Erie Western Basin International Wildlife Refuge Establishment Act - Establishes the Lake Erie Western Basin International Wildlife Refuge (Refuge), Michigan and Ohio. Includes the Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge within it. Authorizes the Secretary of the Interior to: (1) revise Refuge boundaries to carry out its purposes or to facilitate the acquisition of property. And (2) acquire by donation, purchase, or exchange the lands and waters or interests within such boundaries. Provides for transfers from other agencies. Requires the Secretary, acting through the Director of the US Fish and Wildlife Service, to conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River. Directs the Secretary to: (1) administer all federally owned lands, waters, and interests within the Refuge. (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. And (3) encourage Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge. Authorizes the Secretary to enter into cooperative agreements regarding non-Federal lands.","title":"To provide for the establishment of the Lake Erie Western Basin International Wildlife Refuge in the States of Ohio and Michigan, and for other purposes.","text_len":12601,"sum_len":1321} {"bill_id":"115_hr1989","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veteran Employment Through \nTechnology Education Courses Act'' or the ``VET TEC Act''.\n\nSEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.\n\n (a) Pilot Program.--The Secretary of Veterans Affairs shall carry \nout a pilot program under which the Secretary shall provide eligible \nveterans with the opportunity to enroll in high technology programs of \neducation.\n (b) Eligibility.--For purposes of the pilot program under this \nsection, an eligible veteran is a veteran who is entitled to \neducational assistance under the laws administered by the Secretary.\n (c) Contracts.--\n (1) In general.--For purposes of carrying out subsection \n (a), by not later than 180 days after the date of the enactment \n of this Act, the Secretary shall seek to enter into contracts \n with multiple qualified providers of high technology programs \n of education for the provision of such programs to eligible \n veterans under the pilot program.\n (2) Payment of contractors.--A contract under this \n subsection shall provide that the Secretary shall pay to a \n provider--\n (A) 25 percent of the cost of providing the program \n of education upon the enrollment of an eligible veteran \n in the program;\n (B) 25 percent of such cost upon the completion of \n the program by the veteran; and\n (C) 50 percent of such cost upon the employment of \n the veteran following completion of the program.\n (3) Qualified providers.--For purposes of the pilot \n program, a provider of a high technology program of education \n is qualified if the provider has been operational for at least \n two years.\n (4) Tuition reimbursement.--In entering into contracts to \n carry out the pilot program, the Secretary shall give \n preference to a qualified provider that offers tuition \n reimbursement for any student who--\n (A) completes a program of education offered by the \n provider; and\n (B) does not find full-time meaningful employment \n within the 180-day period beginning on the date the \n student completes the program.\n (d) Housing Stipend.--The Secretary shall pay to each eligible \nveteran who is enrolled in a high technology program of education under \nthe pilot program on a full-time basis a monthly housing stipend equal \nto the product--\n (1) of--\n (A) in the case of a veteran pursuing resident \n training, the monthly amount of the basic allowance for \n housing payable under section 403 of title 37, United \n States Code, for a member with dependents in pay grade \n E-5 residing in the military housing area that \n encompasses all or the majority portion of the ZIP code \n area in which is located the institution at which the \n individual is enrolled; or\n (B) in the case of a veteran pursuing a program of \n education through distance learning, a monthly amount \n equal to 50 percent of the amount payable under \n subparagraph (A), multiplied by\n (2) the lesser of--\n (A) 1.0; or\n (B) the number of course hours borne by the \n individual in pursuit of the program of education \n involved, divided by the minimum number of course hours \n required for full-time pursuit of such program of \n education, rounded to the nearest multiple of 10.\n (e) High Technology Program of Education Defined.--In this section, \nthe term ``high technology program of education'' means a program of \neducation that--\n (1) is offered by an entity other than an institution of \n higher learning;\n (2) does not lead to a degree; and\n (3) provides instruction in computer programming, computer \n software, media application, data processing, or information \n sciences.\n (f) Reports.--\n (1) Secretary of veterans affairs.--Not later than one year \n after the date of the enactment of this Act, and annually \n thereafter, the Secretary shall submit to Congress a report on \n the pilot program under this section.\n (2) Comptroller general.--\n (A) Interim report.--Not later than three years \n after the date on which the Secretary first enters into \n a contract under this section, the Comptroller General \n of the United States shall submit to Congress a report \n containing the results of the interim assessment of the \n Comptroller General. Such report shall include the \n recommendations of the Comptroller General for \n improving the pilot program and an assessment of each \n of the following:\n (i) The technology experience of the \n directors and instructors of the providers of \n high technology programs of education under the \n pilot program.\n (ii) Whether the providers cooperated with \n the technology industry to create the \n curriculum for the program of education.\n (iii) Whether the providers use an open \n source curriculum for the program of education.\n (iv) The admittance rate into the pilot \n program.\n (v) The job placement rate for veterans who \n completed a program of education under the \n pilot program.\n (vi) The average salary of veterans who \n completed a program of education under the \n pilot program and were subsequently employed.\n (vii) The average age of veterans who \n participated in the pilot program.\n (B) Final report.--Not later than five years after \n the date on which the Secretary first enters into a \n contract under this section, the Comptroller General \n shall submit to Congress a final report on the pilot \n program. Such report shall include the recommendation \n of the Comptroller General with respect to whether the \n program should be extended and an assessment of each of \n the following:\n (i) Each item described in clauses (i) \n through (vii) of subparagraph (A).\n (ii) The percentage of veterans who \n completed a program of education under the \n pilot program who were subsequently employed \n for a period of six months or longer.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary of Veterans Affairs $15,000,000 for each \nfiscal year during which the Secretary carries out a pilot program \nunder this section.\n (h) Termination.--The authority to carry out a pilot program under \nthis section shall terminate on the date that is five years after the \ndate on which the Secretary first enters into a contract under this \nsection.","summary":"Veteran Employment Through Technology Education Courses Act or the VET TEC Act This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to provide eligible veterans with the opportunity to enroll in high technology programs of education. An quot, eligible veteranquot. Is one who is entitled to educational assistance under the laws administered by the VA. A quot, high technology program of educationquot. Is one that is offered by an entity other than an institution of higher learning, does not lead to a degree, and provides instruction in computer programming, computer software, media application, data processing, or information sciences. The VA shall enter into contracts with multiple qualified providers of such programs, under which the VA shall pay: (1) 25 of the cost of providing the program upon the enrollment of an eligible veteran, (2) 25 of such cost when the veteran completes the program, and (3) 50 of such cost upon the veteran's employment following completion. The VA shall give preference to a qualified provider that offers tuition reimbursement for any student who completes the program and does not find full-time meaningful employment within 180 days. The VA shall pay a monthly housing stipend to each eligible veteran enrolled full-time in such a program.","title":"Veteran Employment Through Technology Education Courses Act","text_len":7796,"sum_len":1327} {"bill_id":"111_hr4749","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stand By Every Ad Act of 2010''.\n\nSEC. 2. REQUIRING PERSONAL DISCLOSURE STATEMENTS IN EXPRESS ADVOCACY \n COMMUNICATIONS.\n\n (a) Application of Disclosure Requirements to Communications \nConsisting of Functional Equivalent of Express Advocacy.--Section \n318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) \nis amended by striking ``clearly identified candidate,'' and inserting \n``clearly identified candidate or consisting of the functional \nequivalent of express advocacy,''.\n (b) Requiring Statement Identifying Head of Entity Paying for \nCommunication.--Section 318(d) of such Act (2 U.S.C. 441d(d)) is \namended--\n (1) in paragraph (2), by striking ``Any communication'' and \n inserting ``Except as provided in paragraph (3), any \n communication''; and\n (2) by adding at the end the following new paragraph:\n ``(3) Special rules for express advocacy communications.--\n ``(A) Personal disclosure statement required.--Any \n communication described in paragraph (3) of subsection \n (a) which expressly advocates the election or defeat of \n a clearly identified candidate, or which consists of \n the functional equivalent of express advocacy, and \n which is transmitted through radio or television shall \n include, in addition to the requirements of that \n paragraph--\n ``(i) the individual disclosure statement \n described in subparagraph (C) (if the person \n paying for the communication is an individual) \n or the organizational disclosure statement \n described in subparagraph (D) (if the person \n paying for the communication is not an \n individual); and\n ``(ii) if the person who paid for the \n communication received any disbursement from \n another person for purposes of financing the \n communication, a statement of the names of the \n persons providing the largest disbursements for \n such purposes, except that the number of \n persons identified in the statement may not \n exceed 5.\n ``(B) Method of conveyance of statement.--\n ``(i) Communications transmitted through \n radio.--In the case of a communication to which \n this paragraph applies which is transmitted \n through radio, the disclosure statements \n required under subparagraph (A)--\n ``(I) shall be made by audio in a \n clearly spoken manner; and\n ``(II) in the case of the \n individual disclosure statement \n described in subparagraph (C) or the \n organization disclosure statement \n described in subparagraph (D), shall be \n made by the applicable individual.\n ``(ii) Communications transmitted through \n television.--In the case of a communication to \n which this paragraph applies which is \n transmitted through television, the disclosure \n statements required under subparagraph (A)--\n ``(I) shall appear in writing at \n the end of the communication in a \n clearly readable manner, with a \n reasonable degree of color contrast \n between the background and the printed \n statement, for a period of at least 4 \n seconds; and\n ``(II) in the case of the \n individual disclosure statement \n described in subparagraph (C) or the \n organization disclosure statement \n described in subparagraph (D), shall be \n conveyed by an unobscured, full-screen \n view of the applicable individual, or \n by the applicable individual making the \n statement in voice-over accompanied by \n a clearly identifiable photograph or \n similar image of the individual.\n ``(C) Individual disclosure statement described.--\n The individual disclosure statement described in this \n subparagraph is the following: `I am _______, and I am \n responsible for the content of this advertising.', with \n the blank filled in with the name of the applicable \n individual.\n ``(D) Organizational disclosure statement \n described.--The organizational disclosure statement \n described in this subparagraph is the following: `I am \n _______, the _______ of _______, and _______ is \n responsible for the content of this advertising.', \n with--\n ``(i) the first blank to be filled in with \n the name of the applicable individual;\n ``(ii) the second blank to be filled in \n with the title of the applicable individual; \n and\n ``(iii) the third and fourth blank each to \n be filled in with the name of the person paying \n for the communication.\n ``(E) Applicable individual defined.--In this \n paragraph, the term `applicable individual' means, with \n respect to a communication to which this paragraph \n applies--\n ``(i) if the communication is paid for by \n an individual, the individual paying for the \n communication;\n ``(ii) if the communication is paid for by \n a corporation, the chief executive officer of \n the corporation (or, if the corporation does \n not have a chief executive officer, the highest \n ranking official of the corporation);\n ``(iii) if the communication is paid for by \n a labor organization, the highest ranking \n officer of the labor organization; or\n ``(iv) if the communication is paid for by \n any other person, the president, chief \n executive officer, highest ranking official, or \n similar officer of the person who serves in an \n executive, decisionmaking capacity with respect \n to the making of communications to which this \n paragraph applies.''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply with respect to communications made on or after the date of the \nenactment of this Act.\n\nSEC. 3. APPLICATION OF DISCLOSURE REQUIREMENTS FOR AUDIO AND VIDEO \n COMMUNICATIONS TO AUDIO AND VIDEO PORTIONS OF \n COMMUNICATIONS TRANSMITTED THROUGH INTERNET OR ELECTRONIC \n MAIL.\n\n (a) Communications by Candidates or Authorized Persons.--Section \n318(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441d(d)(1)) is amended by adding at the end the following new \nsubparagraph:\n ``(C) Audio and video portions of communications \n transmitted through internet or electronic mail.--In \n the case of a communication described in paragraph (1) \n or (2) of subsection (a) which is transmitted through \n the Internet or through any form of electronic mail--\n ``(i) any audio portion of the \n communication shall meet the requirements \n applicable under subparagraph (A) to \n communications transmitted through radio; and\n ``(ii) any video portion of the \n communication shall meet the requirements \n applicable under subparagraph (B) to \n communications transmitted through \n television.''.\n (b) Communications by Others.--\n (1) In general.--Section 318(d)(2) of such Act (2 U.S.C. \n 441d(d)(2)) is amended by adding at the end the following: ``In \n the case of a communication described in paragraph (3) of \n subsection (a) which is transmitted through the Internet or \n through any form of electronic mail, any audio portion of the \n communication shall meet the requirements applicable under this \n paragraph to communications transmitted through radio and any \n video portion of the communication shall meet the requirements \n applicable under this paragraph to communications transmitted \n through television.''.\n (2) Application of special personal disclosure rules for \n express advocacy communications.--Section 318(d)(3) of such \n Act, as added by section 2(a), is amended--\n (A) in subparagraph (A), by striking ``radio or \n television'' and inserting ``radio or television, \n through the Internet, or through any form of electronic \n mail''; and\n (B) in subparagraph (B), by adding at the end the \n following new clause:\n ``(iii) Communications transmitted through \n internet or electronic mail.--In the case of a \n communication to which this paragraph applies \n which is transmitted through the Internet or \n through any form of electronic mail, any audio \n portion of the communication shall meet the \n requirements applicable under this paragraph to \n communications transmitted through radio and \n any video portion of the communication shall \n meet the requirements applicable under this \n paragraph to communications transmitted through \n television.''.\n\nSEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COMMUNICATIONS MADE \n THROUGH PRERECORDED TELEPHONE CALLS.\n\n (a) Application of Requirements.--Section 318(a) of the Federal \nElection Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by \ninserting after ``mailing,'' each place it appears the following: \n``telephone call which consists in substantial part of a prerecorded \naudio message,''.\n (b) Treatment as Audio Communication.--\n (1) Communications by candidates or authorized persons.--\n Section 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as amended \n by section 3(a), is further amended by adding at the end the \n following new subparagraph:\n ``(D) Prerecorded telephone calls.--Any \n communication described in paragraph (1) or (2) of \n subsection (a) which is a telephone call which consists \n in substantial part of a prerecorded audio message \n shall meet the requirements applicable under \n subparagraph (A) to communications transmitted through \n radio, except that the statement required under such \n subparagraph shall be made at the beginning of the \n telephone call.''.\n (2) Communications by others.--\n (A) In general.--Section 318(d)(2) of such Act (2 \n U.S.C. 441d(d)(2)), as amended by section 3(b), is \n further amended by adding at the end the following: \n ``Any communication described in paragraph (3) of \n subsection (a) which is a telephone call which consists \n in substantial part of a prerecorded audio message \n shall meet the requirements applicable under this \n paragraph to communications transmitted through radio, \n except that the statement required shall be made at the \n beginning of the telephone call.''.\n (B) Application of special personal disclosure \n rules for express advocacy communications.--Section \n 318(d)(3) of such Act, as added by section 2(a) and as \n amended by section 3(b)(2), is further amended--\n (i) in subparagraph (A), by striking \n ``electronic mail'' and inserting ``electronic \n mail, or which is a telephone call which \n consists in substantial part of a prerecorded \n audio message,''; and\n (ii) in subparagraph (B), by adding at the \n end the following new clause:\n ``(iv) Communications made through \n prerecorded telephone calls.--Any communication \n to which this paragraph applies which is a \n telephone call which consists in substantial \n part of a prerecorded audio message shall meet \n the requirements applicable under this \n paragraph to communications transmitted through \n radio.''.\n\nSEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON \n INTERNET COMMUNICATIONS.\n\n Nothing in this Act or the amendments made by this Act may be \nconstrued to require any person who is not required under section 318 \nof the Federal Election Campaign Act of 1971 (as provided under section \n110.11 of title 11 of the Code of Federal Regulations) to include a \ndisclaimer on communications made by the person through the Internet to \ninclude any disclaimer on any such communications.\n\nSEC. 6. EFFECTIVE DATE.\n\n Except as provided in section 2(c), the amendments made by this Act \nshall apply with respect to communications made on or after the \nexpiration of the 90-day period which begins on the date of the \nenactment of this Act.","summary":"Stand By Every Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require the identification of funding and authorizing sources in communications expressly advocating the election or defeat of a clearly identified candidate or which consist of the functional equivalent of express advocacy. Prescribes special rules for express advocacy radio and television communications which are not authorized by a candidate, an authorized political committee of a candidate, or its agents. Requires individual disclosure statements about the head of the entity paying for the communication and about any other person that disbursed funds to the entity to finance the communication. Requires disclosure of such identifying information within audio and video communications made through the Internet or e-mail. Applies such disclosure requirements to prerecorded telephone calls.","title":"To amend the Federal Election Campaign Act of 1971 to require personal disclosure statements in all third-party communications advocating the election or defeat of a candidate, to require the disclosure of identifying information within communications made through the Internet, to apply disclosure requirements to prerecorded telephone calls, and for other purposes.","text_len":15256,"sum_len":884} {"bill_id":"106_hr1431","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coastal Barrier Resources \nReauthorization Act of 1999''.\n\nSEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM.\n\n (a) Voluntary Additions.--Section 4 of the Coastal Barrier \nResources Act (16 U.S.C. 3503) is amended by adding at the end the \nfollowing:\n ``(d) Voluntary Additions to System.--The Secretary may add any \nparcel of real property to the System, if--\n ``(1) the owner of the parcel requests that the Secretary \n add the parcel to the System; and\n ``(2) the parcel is a depositional geologic feature \n described in section 3(1)(A).''.\n (b) Technical Amendments Relating to Additions of Excess \nProperty.--\n (1) In general.--Section 4(d) of the Coastal Barrier \n Improvement Act of 1990 (16 U.S.C. 3503 note)--\n (A) is redesignated and moved so as to appear as \n subsection (e) of section 4 of the Coastal Barrier \n Resources Act (16 U.S.C. 3503); and\n (B) is amended--\n (i) in paragraph (1) by striking ``one \n hundred and eighty'' and inserting ``180'';\n (ii) in paragraph (2) by striking \n ``subsection (d)(1)'' and inserting ``paragraph \n (1)''; and\n (iii) by striking paragraph (3).\n (2) Conforming amendment.--Section 4(f) of the Coastal \n Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is \n repealed.\n (c) Notice Regarding Additions to System.--Section 4 of the Coastal \nBarrier Resources Act (16 U.S.C. 3503) is further amended by adding at \nthe end the following:\n ``(f) Notice Regarding Additions to System.--The Secretary shall--\n ``(1) publish in the Federal Register a notice of any \n addition of property to the System under this section, \n including notice of the availability of a map showing the \n location of the property;\n ``(2) provide a copy of that map to the State and local \n government in which the property is located and the Committee \n on Resources of the House of Representatives; and\n ``(3) revise the maps referred to in subsection (a) to \n reflect the addition of the property to the System.''.\n (d) Conforming Amendment.--Subsection (a) of section 4 of the \nCoastal Barrier Resources Act (16 U.S.C. 3503(a)) is amended by \nstriking ``, which shall consist of'' and all that follows through the \nend of that subsection and inserting the following: ``, that--\n ``(1) shall consist of those undeveloped coastal barriers \n and other areas located on the coasts of the United States that \n are identified and generally depicted on the set of maps on \n file with the Secretary entitled `Coastal Barrier Resources \n System', dated October 24, 1990, as such maps may be modified, \n revised, corrected, or replaced under subsection (c), (d), or \n (e) of this section, or any other provision of law enacted on \n or after November 16, 1990, that specifically authorizes the \n modification, revision, correction, or replacement; and\n ``(2) includes areas added to the System in accordance with \n subsection (d) or (e).''.\n\nSEC. 3. CLERICAL AMENDMENTS.\n\n (a) Coastal Barrier Resources Act.--The Coastal Barrier Resources \nAct (16 U.S.C. 3501 et seq.) is amended--\n (1) in section 3(3) (16 U.S.C. 3502(3)), in the matter \n following subparagraph (D), by striking ``Effective October 1, \n 1983, such'' and inserting ``Such''; and\n (2) by repealing section 10 (16 U.S.C. 3509).\n (b) Coastal Barrier Improvement Act of 1990.--Section 8 of the \nCoastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is \nrepealed.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is \nredesignated as section 10 and amended to read as follows:\n\n``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Secretary to carry \nout this Act $2,000,000 for each of fiscal years 2000, 2001, 2002, \n2003, and 2004.''.\n\nSEC. 5. DIGITAL MAPPING PILOT PROJECT.\n\n (a) Requirement to Undertake Project.--\n (1) In general.--The Secretary of the Interior, in \n consultation with the Director of the Federal Emergency \n Management Agency, shall undertake a pilot project to determine \n the feasibility and cost of creating digital versions of the \n Coastal Barrier Resources System maps referred to in section \n 4(a)(1) of the Coastal Barrier Resources Act, as amended by \n this Act. The pilot project shall include the creation of \n digital maps for at least 5 units of the System.\n (2) Use of existing data.--(A) To the extent practicable, \n in completing the pilot project under this subsection, the \n Secretary shall use existing digital spatial data including \n digital orthophotos; shoreline, elevation, and bathymetric \n data; and electronic navigational charts in the possession of \n other Federal agencies, including the United States Geological \n Survey and the National Oceanic and Atmospheric Administration.\n (B) The head of any Federal agency that possesses digital \n spatial data referred to in subparagraph (A) shall promptly \n provide that data to the Secretary at no cost upon request by \n the Secretary.\n (3) Obtaining additional data.--If the Secretary determines \n that data necessary to complete the pilot project under this \n subsection does not exist, the Secretary shall enter into an \n agreement with the Director of the United States Geological \n Survey under which the Director shall obtain, in cooperation \n with other Federal agencies, as appropriate, and provide to the \n Secretary any digital spatial data required to carry out this \n subsection.\n (4) Data standards.--All digital spatial data used or \n created to carry out this subsection shall comply with the \n National Spatial Data Infrastructure established by Executive \n Order 12906 and any other standards established by the Federal \n Geographic Data Committee established by the Office of \n Management and Budget Circular A-16.\n (5) Digital maps not controlling.--Any determination of \n whether a location is inside or outside of the System shall be \n made without regard to the digital maps prepared under this \n subsection.\n (6) Report.--(A) Not later than 2 years after the date of \n the enactment of this Act, the Secretary shall submit a report \n to the Committee on Resources of the House of Representatives \n that describes the results of the pilot project and the \n feasibility, data needs, and costs of completing digital maps \n for the entire System.\n (B) The report shall include a description of--\n (i) the cooperative agreements entered into by the \n Secretary with other Federal agencies to complete the \n pilot project and cooperative agreements needed to \n complete digital mapping of the entire System;\n (ii) the availability of existing data to complete \n digital mapping of the entire System;\n (iii) the need for additional data to complete \n digital mapping of the entire System; and\n (iv) the funding needed to complete digital mapping \n of the entire System.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of the Interior $500,000 for each of \nfiscal years 2000, 2001, and 2002 to carry out the pilot project \nrequired under this section.\n\nSEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P.\n\n (a) In General.--The Secretary of the Interior shall, before the \nend of the 30-day period beginning on the date of the enactment of this \nAct, make such corrections to the map described in subsection (b) as \nare necessary to ensure that depictions of areas on that map are \nconsistent with the depictions of areas appearing on the map relating \nto unit P19-P entitled ``Amendment to the Coastal Barrier Resources \nSystem'' and dated September 16, 1998.\n (b) Map Described.--The map described in this subsection is the map \nthat--\n (1) is included in a set of maps entitled ``Coastal Barrier \n Resources System'', dated November 2, 1994; and\n (2) relates to unit P19-P of the Coastal Barrier Resources \n System.\n\nSEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03.\n\n (a) In General.--The 7 maps included in the set of maps entitled \n``Coastal Barrier Resources System'' and referred to in section 4(a)(1) \nof the Coastal Barrier Resources Act, as amended by this Act, relating \nto the portions of Coastal Barrier Resources System units NC-03P and \nL03 located in Dare County, North Carolina, are hereby replaced by \nother maps relating to that unit that are entitled ``DARE COUNTY, NORTH \nCAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P'' \nor ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, \nCape Hatteras Unit NC-03P, Hatteras Island Unit L03'' and dated July 1, \n1999.\n (b) Availability.--The Secretary of the Interior shall keep the \nmaps referred to in subsection (a) on file and available for inspection \nin accordance with the provisions of section 4(b) of the Coastal \nBarrier Resources Act (16 U.S.C. 3503(b)).\n\nSEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary of the Interior shall make such corrections \nto the map described in subsection (b) as are necessary to move on that \nmap the boundary of the otherwise protected area (as defined in section \n12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; \nPublic Law 101-591)) to the Cape Henlopen State Park boundary to the \nextent necessary--\n (1) to exclude from the otherwise protected area the \n adjacent property leased, as of the date of enactment of this \n Act, by the Barcroft Company and Cape Shores Associates (which \n are privately held corporations under the law of the State of \n Delaware); and\n (2) to include in the otherwise protected area the \n northwestern corner of Cape Henlopen State Park seaward of the \n Lewes and Rehoboth Canal.\n (b) Map Described.--The map described in this subsection is the map \nthat is included in a set of maps entitled ``Coastal Barrier Resources \nSystem'', dated October 24, 1990, as revised October 15, 1992, and that \nrelates to the unit of the Coastal Barrier Resources System entitled \n``Cape Henlopen Unit DE-03P''.\n\n Passed the House of Representatives September 21, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Coastal Barrier Resources Reauthorization Act of 1999 - Amends the Coastal Barrier Resources Act to authorize the Secretary of the Interior to add any parcel of real property to the Coastal Barrier Resources System if the parcel's owner so requests and the parcel is a depositional geologic feature described in specified provisions. Moves from the Coastal Barrier Improvement Act of 1990 to the Coastal Barrier Resources Act provisions relating to additions to the System of excess government property and amends the Coastal Barrier Improvement Act of 1990 to repeal notice provisions relating to the moved provisions. Amends the Coastal Barrier Resources Act to impose notice requirements regarding any System addition. Authorizes appropriations to carry out the Coastal Barrier Resources Act. Mandates a pilot project and report to a specified House of Representatives committee on the feasibility and cost of creating digital versions of System maps. Authorizes appropriations. Mandates corrections to the System map for unit P19-P to make that map consistent with a specified map. Replaces seven System maps relating to units NC-03P and L03 in Dare County, North Carolina, with other specified maps. Directs the Secretary of the Interior to make corrections to a specified Coastal Barrier Resources map as necessary to move the boundary of the otherwise-protected area to the Cape Henlopen Sate Park boundary to the extent necessary to exclude from the otherwise- protected area the adjacent property leased by the Barcroft Company and Cape Shores Associates, privately held corporations under the law of the State of Delaware, and to include in the otherwise-protected area the northeastern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal.","title":"Coastal Barrier Resources Reauthorization Act of 1999","text_len":11399,"sum_len":1772} {"bill_id":"106_hr543","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Childrens' Internet Protection \nAct''.\n\nSEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO \n IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR \n COMPUTERS WITH INTERNET ACCESS.\n\n (a) In General.--Section 254 of the Communications Act of 1934 (47 \nU.S.C. 254) is amended by adding at the end thereof the following:\n ``(l) Implementation of an Internet Filtering or Blocking \nTechnology.--\n ``(1) In general.--An elementary school, secondary school, \n or library that fails to provide the certification required by \n paragraph (2) or (3), respectively, is not eligible to receive \n or retain universal service assistance provided under \n subsection (h)(1)(B).\n ``(2) Certification for schools.--To be eligible to receive \n universal service assistance under subsection (h)(1)(B), an \n elementary or secondary school (or the school board or other \n authority with responsibility for administration of that \n school) shall certify to the Commission that it has--\n ``(A) selected a technology for computers with \n Internet access to filter or block material deemed to \n be harmful to minors; and\n ``(B) installed, or will install, and uses or will \n use, as soon as it obtains computers with Internet \n access, a technology to filter or block such material.\n ``(3) Certification for libraries.--\n ``(A) Libraries with more than 1 internet-accessing \n computer.--To be eligible to receive universal service \n assistance under subsection (h)(1)(B), a library that \n has more than 1 computer with Internet access intended \n for use by the public (including minors) shall certify \n to the Commission that it has installed and uses a \n technology to filter or block material deemed to be \n harmful to minors on one or more of its computers with \n Internet access.\n ``(B) Libraries with only 1 internet-accessing \n computer.--A library that has only 1 computer with \n Internet access intended for use by the public \n (including minors) is eligible to receive universal \n service assistance under subsection (h)(1)(B) even if \n it does not use a technology to filter or block \n material deemed to be harmful to minors on that \n computer if it certifies to the Commission that it \n employs a reasonably effective alternative means to \n keep minors from accessing material on the Internet \n that is deemed to be harmful to minors.\n ``(4) Time for certification.--The certification required \n by paragraph (2) or (3) shall be made within 30 days of the \n date of enactment of the Childrens' Internet Protection Act, \n or, if later, within 10 days of the date on which any computer \n with access to the Internet is first made available in the \n school or library for its intended use.\n ``(5) Notification of cessation; additional internet-\n accessing computer.--\n ``(A) Cessation.--A library that has filed the \n certification required by paragraph (3)(A) shall notify \n the Commission within 10 days after the date on which \n it ceases to use the filtering or blocking technology \n to which the certification related.\n ``(B) Additional internet-accessing computer.--A \n library that has filed the certification required by \n paragraph (3)(B) that adds another computer with \n Internet access intended for use by the public \n (including minors) shall make the certification \n required by paragraph (3)(A) within 10 days after that \n computer is made available for use by the public.\n ``(6) Penalty for failure to comply.--A school or library \n that fails to meet the requirements of this subsection is \n liable to repay immediately the full amount of all universal \n service assistance it received under subsection (h)(1)(B).\n ``(7) Local determination of material to be filtered.--For \n purposes of paragraphs (2) and (3), the determination of what \n material is to be deemed harmful to minors shall be made by the \n school, school board, library or other authority responsible \n for making the required certification. No agency or \n instrumentality of the United States Government may--\n ``(A) establish criteria for making that \n determination;\n ``(B) review the determination made by the \n certifying school, school board, library, or other \n authority; or\n ``(C) consider the criteria employed by the \n certifying school, school board, library, or other \n authority in the administration of subsection \n (h)(1)(B).''.\n (b) Conforming Change.--Section 254(h)(1)(B) of the Communications \nAct of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All \ntelecommunications'' and inserting ``Except as provided by subsection \n(l), all telecommunications''.\n\nSEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS.\n\n The Federal Communications Commission shall adopt rules \nimplementing section 254(l) of the Communications Act of 1934 within \n120 days after the date of enactment of this Act.","summary":"Childrens' (sic) Internet Protection Act - Amends the Communications Act of 1934 to make an elementary school, secondary school, or library ineligible to receive or retain universal service assistance under such Act unless it certifies to the Federal Communications Commission that it has selected and installed a technology for computers with Internet access which filters or blocks material deemed harmful to minors. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.","title":"Childrens' [sic] Internet Protection Act","text_len":5853,"sum_len":621} {"bill_id":"111_hr1585","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fitness Integrated with Teaching \nKids Act'' or the ``FIT Kids Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Childhood obesity has reached epidemic proportions in \n the United States.\n (2) Researchers estimate that medical costs of the obesity \n epidemic may total as much as $147,000,000,000 annually.\n (3) The prevalence of overweight in children between the \n ages of 6 and 11 years increased from 4.0 percent between 1971 \n to 1974 to 17.5 percent between 2001 to 2004, and the \n prevalence of overweight in adolescents between the ages of 12 \n and 19 years increased from 6.1 percent to 17.0 percent.\n (4) Recent studies indicating that 17 percent of 6 to 11 \n year-olds and 17.6 percent of 12 to 19 year-olds are considered \n obese. Furthermore, 33 percent of 6 to 11 year-olds and 34 \n percent of 12 to 19 year-olds are overweight; these rates have \n roughly doubled since 1980.\n (5) Of all United States deaths from major chronic disease, \n 23 percent are linked to sedentary lifestyles that now begin at \n childhood.\n (6) Overweight adolescents have a 70 to 80 percent chance \n of becoming overweight adults, increasing their risk for \n chronic disease, disability, and death.\n (7) A decline in physical activity has contributed to the \n unprecedented epidemic of childhood obesity.\n (8) The Physical Activity Guidelines for Americans \n published by the Secretary of Health and Human Services \n recommend that children engage in 60 minutes or more of \n physical activity each day.\n (9) In a 2005 Government Accountability Office report on \n key strategies to include in programs designed to target \n childhood obesity, ``increasing physical activity'' was \n identified as the most important component in any such program.\n (10) Part of the decline in physical activity has been in \n our Nation's schools, where physical education programs have \n been cut back in the past 2 decades.\n (11) The national standard for physical education \n frequency, as outlined in the Physical Activity Guidelines for \n Americans, is 150 minutes per week in elementary school and 225 \n minutes per week in middle school and high school.\n (12) Only 3.8 percent of elementary schools, 7.9 percent of \n middle schools, and 2.1 percent of high schools provide daily \n physical education or its equivalent for the entire school \n year, and 22 percent of schools do not require students to take \n any physical education at all.\n (13) Among children ages 9 to 13, 61.5 percent do not \n participate in any organized physical activity during out-of-\n school hours.\n (14) Regular physical activity is associated with a \n healthier, longer life and a lower risk of cardiovascular \n disease, high blood pressure, diabetes, obesity, and some \n cancers.\n (15) Research suggests a strong correlation between \n children's fitness and their academic performance as measured \n by grades in core subjects and standardized test scores.\n (16) Approximately 81 percent of adults believe daily \n physical education should be mandatory in schools.\n\nSEC. 3. INCREASING AWARENESS OF PHYSICAL ACTIVITY OPPORTUNITIES AT \n SCHOOL.\n\n (a) Local Educational Agencies.--Not later than 1 year after the \ndate of the enactment of this Act, and annually thereafter, each local \neducational agency located in a State receiving funds under part A of \ntitle I of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6311 et seq.) shall--\n (1) post on its Internet website, or otherwise make \n available to parents and families of students served by the \n agency, information on healthful eating habits, physical \n education, and physical activity, including information on--\n (A) the importance of a healthy lifestyle \n (including healthful eating habits, physical education, \n and physical activity) for an effective learning \n environment;\n (B) how schools served by the agency are promoting \n healthy lifestyles, including information on applicable \n elementary school and secondary school programs and \n policies regarding nutrition, physical education, and \n physical activity (including coordinated school health \n plans or local wellness policies, as applicable);\n (C) whether the schools served by the agency follow \n an age-appropriate physical education curriculum for \n all elementary school and secondary school students \n enrolled in the schools that adheres to national \n guidelines adopted by the Centers for Disease Control \n and Prevention of the Department of Health and Human \n Services or the State in which the school is located;\n (D) the most recent national recommendations for \n physical education and physical activity for elementary \n school and secondary school students, as established by \n the Centers for Disease Control and Prevention of the \n Department of Health and Human Services; and\n (E) a description of the amount of time that \n students in kindergarten through grade 12 served by the \n agency are required to spend in physical education, \n disaggregated by grade level, including information on \n criteria for granting students a waiver or exemption, \n or allowing a substitution for the requirement; and\n (2) assist each school served by the agency in collecting \n and disseminating (such as through the Internet website of the \n school) to parents and families of students enrolled in the \n school, information on--\n (A) whether the school follows an age-appropriate \n physical education curriculum for all students enrolled \n in the school that adheres to national guidelines \n adopted by the Centers for Disease Control and \n Prevention of Health and Human Services or the State in \n which the school is located;\n (B) the most recent national recommendations for \n physical education and physical activity for elementary \n school and secondary school students, as established by \n the Centers for Disease Control and Prevention of the \n Department of Health and Human Services;\n (C) the requirements described in paragraph (1)(E);\n (D) a description of the facilities available for \n physical education and physical activity for students \n enrolled in the school; and\n (E) if applicable, any health and wellness council \n (such as a school health council or local wellness \n policy council) located in the school or that the \n school is involved with, including information on--\n (i) members;\n (ii) membership criteria;\n (iii) opportunities for parental \n involvement; and\n (iv) meeting dates and agendas.\n (b) State Educational Agencies.--\n (1) Submission; information availability.--Not later than \n 15 days after a local educational agency described in \n subsection (a) posts on its Internet website the information \n described in subsection (a)(1)(E), and annually thereafter, the \n local educational agency shall provide to the applicable State \n educational agency the information described in such \n subsection.\n (2) Additional duties of the state educational agency.--A \n State educational agency that receives information under \n paragraph (1) shall ensure that the information is made \n available to the general public within a reasonable period of \n time, such as through the Internet website of the State \n educational agency.\n\nSEC. 4. STUDIES ON PHYSICAL ACTIVITY AND FITNESS.\n\n (a) National Research Council Study.--Subject to the availability \nof funds appropriated to carry out this subsection, the Secretary of \nEducation shall enter into a contract with the National Research \nCouncil of the National Academy of Sciences to--\n (1) examine and make recommendations regarding--\n (A) various means that may be employed to \n incorporate physical activity into elementary school \n and secondary school settings, and before- and after-\n school programs;\n (B) innovative and effective ways to increase \n physical activity for all students in kindergarten \n through grade 12; and\n (C) efforts to encourage the participation of \n students with disabilities in physical education \n programs and the types of accommodations used to \n increase the participation of such students;\n (2) study the impact of health, level of physical activity, \n and amount of physical education on students' ability to learn \n and maximize performance in school; and\n (3) study and provide specific recommendations for \n effectively measuring the progress students, at the elementary \n school and secondary school level, in increasing physical \n activity and improving their health and well-being, including \n improving their--\n (A) knowledge, awareness, and behavior, related to \n nutrition and physical activity;\n (B) cognitive development, and fitness, with \n physical education;\n (C) knowledge of lifetime physical activity and \n health promotion; and\n (D) performance on overall health indicators, \n including flexibility, endurance, strength, balance, \n and blood pressure.\n (b) National Fitness Study.--Subject to the availability of funds \nto carry out this subsection, the Secretary of Education shall conduct \na study on the participation of students in physical education and \nother physical activities in public elementary schools and public \nsecondary schools that--\n (1) examines student participation in exercise (including \n sports and active games), including the types, frequency, \n duration, and seasonality of exercise participation, through--\n (A) school physical education classes;\n (B) other school programs; and\n (C) intramural activities; and\n (2) assesses student physical activity and fitness levels.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section \nfor fiscal year 2011.\n\nSEC. 5. DISSEMINATION OF BEST PRACTICES.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Education shall identify and \nmake available to State educational agencies and local educational \nagencies, best practices on innovative physical education and physical \nactivity policies and programs at the State and local level, including \nbest practices that--\n (1) identify and address common challenges to States and \n local educational agencies in implementing physical education \n and physical activity policies and programs, including barriers \n for meeting national recommendations for physical education and \n physical activity in schools, as established by the Centers for \n Disease Control and Prevention of the Department of Health and \n Human Services; and\n (2) meet or are working toward meeting the national \n recommendations for physical education and physical activity in \n schools, as established by the Centers for Disease Control and \n Prevention of the Department of Health and Human Services.\n (b) Updating Best Practices.--The Secretary shall update the best \npractices described in subsection (a) after completion of the study \ncarried out under section 4(a).\n\nSEC. 6. PROMOTING THE HEALTHIERUS SCHOOL CHALLENGE.\n\n The Secretary of Education, in collaboration with the Secretary of \nAgriculture, shall encourage schools to participate in the HealthierUS \nSchool Challenge of the Food and Nutrition Service of the Department of \nAgriculture.\n\nSEC. 7. DEFINITIONS.\n\n Except as otherwise provided, any term used in this Act that is \ndefined in section 9101 of the Elementary and Secondary Education Act \nof 1965 (20 U.S.C. 7801) shall have the meaning given the term in such \nsection.\n\n Passed the House of Representatives April 21, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Fitness Integrated with Teaching Kids Act or the FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require local educational agencies (LEAs) located in states receiving school improvement funds to annually provide the families of their students with information on healthful eating habits, physical education, and physical activity. Requires such LEAs to assist their schools in annually collecting and disseminating to the families of school students information on: (1) the most recent national recommendations for physical education and physical activity for students, as established by the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services (HHS). (2) whether the school follows an age-appropriate physical education curriculum for all students that adheres to such guidelines or state guidelines. (3) the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level. (4) the facilities available for physical education and physical activity for students enrolled in the school. And (5) any health and wellness council located in the school or with which the school is involved. Requires: (1) LEAs to provide to their state a description of the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level. And (2) the state to ensure that such information is made available to the public. Directs the Secretary of Education to contract with the National Research Council of the National Academy of Sciences (NAS) to study: (1) ways of incorporating physical education into school settings, and before- and after-school programs. (2) innovative and effective ways to increase physical activity for all students in kindergarten through grade 12. (3) efforts to encourage the participation of disabled students in physical education programs and the types of accommodations used to increase their participation. (4) the impact health and physical activity and education have on students' ability to learn. And (5) the progress students make in increasing their physical activity and improving their health and well-being, with specific recommendations for effectively measuring such progress. Directs the Secretary to study the participation of students in physical education and other physical activities in public elementary and secondary schools and assess their physical activity and fitness levels. Directs the Secretary to: (1) identify and make available to states and LEAs, best practices on innovative physical education and physical activity policies and programs at the state and local level. And (2) update the best practices after the NAS study is completed. Directs the Secretary, in collaboration with the Secretary of Agriculture, to encourage schools to participate in the HealthierUS School Challenge of the Food and Nutrition Service of the Department of Agriculture.","title":"To increase awareness of physical activity opportunities at school, and for other purposes.","text_len":13739,"sum_len":3016} {"bill_id":"114_hr1069","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Presidential Library Donation Reform \nAct of 2016''.\n\nSEC. 2. PRESIDENTIAL LIBRARIES.\n\n (a) In General.--Section 2112 of title 44, United States Code, is \namended by adding at the end the following new subsection:\n ``(h) Presidential Library Fundraising Organization Reporting \nRequirement.--\n ``(1) Reporting requirement.--Not later than 15 days after \n the end of a calendar quarter and until the end of the \n requirement period described in paragraph (2), each \n Presidential library fundraising organization shall submit to \n the Archivist information for that quarter in an electronic \n searchable and sortable format with respect to every \n contributor who gave the organization a contribution or \n contributions (whether monetary or in-kind) totaling $200 or \n more for the quarterly period.\n ``(2) Duration of reporting requirement.--The requirement \n to submit information under paragraph (1) shall continue until \n the later of the following occurs:\n ``(A) The Archivist has accepted, taken title to, \n or entered into an agreement to use any land or \n facility for the Presidential archival depository for \n the President for whom the Presidential library \n fundraising organization was established.\n ``(B) The President whose archives are contained in \n the deposit no longer holds the Office of President.\n ``(3) Information required to be published.--The Archivist \n shall publish on the website of the National Archives and \n Records Administration, within 30 days after each quarterly \n filing, any information that is submitted under paragraph (1), \n without a fee or other access charge in a downloadable \n database.\n ``(4) Submission of false material information \n prohibited.--\n ``(A) Individual.--\n ``(i) Prohibition.--It shall be unlawful \n for any person who makes a contribution \n described in paragraph (1) to knowingly and \n willfully submit false material information or \n omit material information with respect to the \n contribution to an organization described in \n such paragraph.\n ``(ii) Penalty.--The penalties described in \n section 1001 of title 18, United States Code, \n shall apply with respect to a violation of \n clause (i) in the same manner as a violation \n described in such section.\n ``(B) Organization.--\n ``(i) Prohibition.--It shall be unlawful \n for any Presidential library fundraising \n organization to knowingly and willfully submit \n false material information or omit material \n information under paragraph (1).\n ``(ii) Penalty.--The penalties described in \n section 1001 of title 18, United States Code, \n shall apply with respect to a violation of \n clause (i) in the same manner as a violation \n described in such section.\n ``(5) Prohibition on contribution.--\n ``(A) In general.--It shall be unlawful for a \n person to knowingly and willfully--\n ``(i) make a contribution described in \n paragraph (1) in the name of another person;\n ``(ii) permit his or her name to be used to \n effect a contribution described in paragraph \n (1); or\n ``(iii) accept a contribution described in \n paragraph (1) that is made by one person in the \n name of another person.\n ``(B) Penalty.--The penalties set forth in section \n 309(d) of the Federal Election Campaign Act of 1971 (2 \n U.S.C. 437g(d)) shall apply to a violation of \n subparagraph (A) in the same manner as if such \n violation were a violation of section 316(b)(3) of such \n Act (2 U.S.C. 441b(b)(3)).\n ``(6) Regulations required.--The Archivist shall promulgate \n regulations for the purpose of carrying out this subsection.\n ``(7) Definitions.--In this subsection:\n ``(A) Information.--The term `information' means \n the following:\n ``(i) The amount or value of each \n contribution made by a contributor referred to \n in paragraph (1) in the quarter covered by the \n submission.\n ``(ii) The source of each such \n contribution, and the address of the entity or \n individual that is the source of the \n contribution.\n ``(iii) If the source of such a \n contribution is an individual, the occupation \n of the individual.\n ``(iv) The date of each such contribution.\n ``(B) Presidential library fundraising \n organization.--The term `Presidential library \n fundraising organization' means an organization that is \n established for the purpose of raising funds for \n creating, maintaining, expanding, or conducting \n activities at--\n ``(i) a Presidential archival depository; \n or\n ``(ii) any facilities relating to a \n Presidential archival depository.''.\n (b) Applicability.--Section 2112(h) of title 44, United States Code \n(as added by subsection (a))--\n (1) shall apply to an organization established for the \n purpose of raising funds for creating, maintaining, expanding, \n or conducting activities at a Presidential archival depository \n or any facilities relating to a Presidential archival \n depository before, on, or after the date of the enactment of \n this Act; and\n (2) shall only apply with respect to contributions (whether \n monetary or in-kind) made after the date of the enactment of \n this Act.\n\nSEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by this Act. Such requirements shall \nbe carried out using amounts otherwise authorized.\n\n Passed the House of Representatives January 11, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.\n ","summary":"Presidential Library Donation Reform Act of 2016 This bill requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration on every contributor who gave the organization a contribution or contributions totaling $200 or more for the quarterly period. The Archivist of the United States shall publish such information on the website of the National Archives within 30 days after each quarterly filing. It shall be unlawful for contributors or fundraising organizations knowingly and willfully to submit false information or omit material information. Prescribes criminal penalties for violation of this prohibition. No additional funds are authorized to carry out this Act's requirements. Such requirements shall be carried out using amounts otherwise authorized.","title":"Presidential Library Donation Reform Act of 2016","text_len":7947,"sum_len":837} {"bill_id":"113_hr5710","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ebola Emergency Response Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the current outbreak of the Ebola virus disease in West \n Africa poses severe health, economic, and security threats to \n the countries affected by the outbreak of the Ebola virus \n disease, the United States, and the broader international \n community; and\n (2) the whole-of-government response taken by the United \n States provides unique capabilities that are critical to \n effectively helping contain the Ebola virus disease in West \n Africa, yet the United States alone will not succeed in \n containing the Ebola virus disease.\n\nSEC. 3. STATEMENTS OF POLICY.\n\n It shall be the policy of the United States to--\n (1) support a robust international response to the Ebola \n virus disease in West Africa by undertaking a range of \n activities to immediately help detect, contain, treat, and \n deter the further spread of the disease;\n (2) support the efforts of governments of affected \n countries and of local, regional, and international \n nongovernmental organizations and civil society organizations \n working on the front lines of the response to the Ebola virus \n disease; and\n (3) work with appropriate security sector personnel engaged \n in the response to the Ebola virus disease in Guinea, Liberia, \n and Sierra Leone, as well as with civil society, regional \n organizations, and the United Nations to enhance border \n security and create a secure operating environment for health \n workers and other responders and the communities they are \n serving, including by repurposing, as necessary and \n appropriate, existing United States security assistance \n provided to the affected countries to address immediate border \n security and law enforcement needs.\n\nSEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA \n VIRUS DISEASE.\n\n In carrying out the policy under section 3, the President shall--\n (1) seek to coordinate with the governments of countries of \n Africa affected by or at risk of being affected by the outbreak \n of the Ebola virus disease, other donors, the private sector, \n regional and international financial institutions, local, \n regional, and international organizations, civil society, and \n local, regional, and nongovernmental organizations, \n particularly organizations that possess experience in emergency \n relief and infection control, to devise and implement a \n coherent, comprehensive strategy to control the Ebola virus \n disease and assist affected populations, utilizing all \n necessary and appropriate assets and capabilities of the United \n States Government; and\n (2) direct the United States Permanent Representative to \n the United Nations to use the voice, vote, and influence of the \n United States at the United Nations to--\n (A) ensure that the United Nations Mission in \n Liberia is fully protecting individuals under its care \n from exploitation and abuse, including by soldiers \n serving under its command, and, within its capabilities \n and in the context of its mandate to help solidify \n peace and stability while protecting civilians in \n Liberia, plays an active role in the emergency \n response, including by providing logistics and \n engineering support, as well as securing border \n crossings, state institutions, and treatment \n facilities, as necessary and appropriate; and\n (B) ensure that the United Nations Mission for the \n Ebola Emergency Response (UNMEER) plays an effective \n role in aligning donors around a single strategic \n operating plan to detect, contain, treat, and deter the \n further spread of Ebola, and that the associated costs \n for its work are offset by decreases elsewhere in the \n general budget of the United Nations.\n\nSEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA \n VIRUS DISEASE.\n\n (a) Authorization.--Notwithstanding any other provision of law, and \nconsistent with the authorities of section 491 of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2292), the President is authorized to \nprovide assistance on an emergency basis to countries directly affected \nby or at imminent risk of being affected by the outbreak of the Ebola \nvirus disease to effectively address such outbreak, by supporting the \nactivities described in subsection (b).\n (b) Activities Supported.--Activities supported by assistance under \nsubsection (a) are the following:\n (1) The construction, staffing, and equipping of patient \n isolation and treatment facilities in sufficient numbers to \n treat infected persons at the most appropriate locations.\n (2) The construction and equipping of laboratories in \n sufficient numbers to ensure accurate testing for the Ebola \n virus disease and other infectious diseases, as necessary and \n appropriate, in as rapid a time frame as possible.\n (3) The provision of vital medical supplies and equipment \n necessary to contain the outbreak.\n (4) The recruitment and training of local and international \n staff on effective disease identification, isolation, contact \n tracing, and care with respect to the Ebola virus disease, \n especially the proper use of universal precautions, personal \n protective equipment, and other infection control measures, to \n minimize transmission.\n (5) The recruitment, training, and equipping of safe burial \n teams, as necessary, to reduce transmission of the Ebola virus \n disease.\n (6) The provision of medical evacuations, on a reimbursable \n basis, for medical and other personnel engaged in the response \n to the Ebola virus disease who become infected with the \n disease, as necessary and appropriate.\n (7) The development of an effective public information \n campaign to help limit the transmission of the Ebola virus \n disease, utilizing all appropriate means of communication, \n including digital, print, broadcast communication, and \n communications through local health care workers, media, \n schools, civil society organizations, and faith-based and \n traditional leaders.\n (8) The development and deployment of Ebola diagnostics and \n surveillance tools, as well as vaccines and treatments as they \n become available and to the extent possible that such vaccines \n and treatments adhere to strictly enforced informed consent \n protocols.\n (9) The provision of emergency food assistance, water and \n sanitation, shelter, and support for orphans and vulnerable \n children in communities affected by the Ebola virus disease.\n (10) The provision of technical assistance to strengthen \n border control, including enhanced health screening at exit and \n entry points in the region, to be complemented by appropriate \n health screening at United States ports of entry.\n (11) Activities related to sustainable post-outbreak \n economic recovery and ensuring the stability of countries \n affected by the Ebola virus disease.\n (c) Allocation and Reimbursement Among Agencies.--\n (1) In general.--In carrying out this section, the \n President, acting through the Administrator of the United \n States Agency for International Development, is authorized to \n utilize the services and facilities of, or procure commodities \n from, any agency of the United States Government on a non-\n reimbursable basis, subject to the written consent of the head \n of such other agency, and notwithstanding any provision of law \n relating to limitations on the use of authorities or funding of \n such other agency.\n (2) Congressional notification.--The Administrator shall \n notify the appropriate committees not later than 15 days after \n the date on which the authority under paragraph (1) is \n utilized. Such notification shall include the name of the other \n agency, the value of such services or facilities utilized, or \n commodities procured, the affected appropriations accounts, and \n a justification for the utilization of the authority under \n paragraph (1).\n\nSEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC \n COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY \n AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE.\n\n It is the sense of Congress that the President should work with \nother donors, including international financial institutions, to \nencourage such other donors to help the governments of Guinea, Liberia, \nand Sierra Leone mitigate the risks of economic collapse and related \ncivil unrest by providing appropriate access to emergency grants and \nfinancing tools, as necessary and appropriate, to address fiscal issues \nthat are the direct result of the Ebola virus disease crisis, and to \nassist with post-crisis economic recovery.\n\nSEC. 7. REPORT.\n\n (a) In General.--Not later than 6 months after the date on which \nthe President determines that the Ebola epidemic in West Africa has \nbeen effectively contained, the President shall submit to the \nappropriate congressional committees a report that assesses the United \nStates coordination and response to the Ebola epidemic, including how \nthe authorities provided pursuant to this Act were utilized and lessons \nlearned that may have applications in response to future epidemics.\n (b) Appropriate Congressional Committees.--In this section, the \nterm ``appropriate congressional committees'' means--\n (1) the Committee on Foreign Affairs, the Committee on \n Energy and Commerce, the Committee on Armed Services, and the \n Committee on Appropriations of the House of Representatives; \n and\n (2) the Committee on Foreign Relations, the Committee on \n Health, Education, Labor, and Pensions, the Committee on Armed \n Services, and the Committee on Appropriations of the Senate.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the President to carry \nout section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) \n$1,801,000,000 for fiscal year 2015.","summary":"Ebola Emergency Response Act - Expresses the sense of Congress that: the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community. And the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa. Yet the United States alone will not succeed in containing it. Directs the President to: coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations. And use US influence at the United Nations (U. N.) to ensure that the U. N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U. N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread. Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak. Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis, and (2) assist with post-crisis economic recovery.","title":"Ebola Emergency Response Act","text_len":11053,"sum_len":1781} {"bill_id":"106_s633","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Trust Funds \nManagement Act of 1999''.\n\nSEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST \n FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND.\n\n (a) In General.--Section 201(d) of the Social Security Act (42 \nU.S.C. 401(d)) is amended to read as follows:\n ``(d)(1) Subject to paragraphs (2) and (3), it shall be the duty of \nthe Managing Trustee to invest such portion of the Trust Funds as is \nnot, in the judgment of the Trustee, required to meet current \nwithdrawals. The Managing Trustee may purchase interest-bearing \nobligations of the United States or obligations guaranteed as to both \nprincipal and interest by the United States, on original issue or at \nthe market price.\n ``(2)(A) If the Managing Trustee, after consultation with the \nCommissioner of Social Security, determines that the purchase of \nobligations issued in accordance with paragraph (4) is in the best \ninterest of paying current and future benefits under this title, and \nwill not jeopardize the payment of such benefits, the Managing Trustee \nmay purchase such obligations.\n ``(B) If the Commissioner of Social Security does not concur with \nthe investment decisions of the Managing Trustee, or believes that \nother investment strategies are appropriate, the Commissioner shall \npromptly so inform the President and Congress in writing.\n ``(3) In investing contributions made to the Trust Funds, the \nManaging Trustee may not invest such contributions in private financial \nmarkets. Neither the Managing Trustee nor any other officer or employee \nof the Federal Government shall direct private pension plans as to what \ntype of investments to make or in which financial markets to invest.\n ``(4) The purposes for which obligations of the United States may \nbe issued under chapter 31 of title 31, United States Code, are hereby \nextended to authorize the issuance at par of public-debt obligations \nfor purchase by the Trust Funds. Such obligations issued for purchase \nby the Trust Funds shall have maturities fixed with due regard for the \nneeds of the Trust Funds and shall bear interest at a rate equal to the \naverage market yield (computed by the Managing Trustee on the basis of \nmarket quotations as of the end of the calendar month next preceding \nthe date of such issue) on all marketable interest-bearing obligations \nof the United States then forming a part of the public debt which are \nnot due or callable until after the expiration of four years from the \nend of such calendar month; except that where such average market yield \nis not a multiple of one-eighth of 1 percent, the rate of interest of \nsuch obligations shall be the multiple of one-eighth of 1 percent \nnearest such market yield. Each obligation issued for purchase by the \nTrust Funds under this subsection shall be evidenced by a paper \ninstrument in the form of a bond, note, or certificate of indebtedness \nissued by the Secretary of the Treasury setting forth the principal \namount, date of maturity, and interest rate of the obligation, and \nstating on its face that the obligation shall be incontestable in the \nhands of the Trust Fund to which it is issued, that the obligation is \nsupported by the full faith and credit of the United States, and that \nthe United States is pledged to the payment of the obligation with \nrespect to both principal and interest.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of enactment of this Act.\n\n SEC. 3. INFORMATION REQUIREMENTS FOR SOCIAL SECURITY ACCOUNT \n STATEMENTS.\n\n (a) In General.--Section 1143(a) of the Social Security Act (42 \nU.S.C. 1320b-13(a)) is amended--\n (1) in paragraph (2)--\n (A) in subparagraph (B), by inserting ``, including \n a separate estimate of the amount of interest earned on \n the contributions,'' after ``disability insurance'';\n (B) in subparagraph (C)--\n (i) by inserting ``, including a separate \n estimate of the amount of interest earned on \n the contributions,'' after ``hospital \n insurance''; and\n (ii) by striking ``and'' after the \n semicolon;\n (C) in subparagraph (D), by striking the period at \n the end and inserting a semicolon;\n (D) by redesignating subparagraphs (A), (B), (C), \n and (D) as subparagraphs (B), (C), (D), and (E), \n respectively;\n (E) by inserting after the matter preceding \n subparagraph (B), as redesignated by subparagraph (D), \n the following:\n ``(A) the name, age, gender, mailing address, and marital \n status of the eligible individual;'';\n (F) by adding at the end the following:\n ``(F) the total amount of the employer and employee \n contributions for the eligible individual for old-age and \n survivors insurance benefits, as of the end of the month \n preceding the date of the statement, in both actual dollars and \n dollars adjusted for inflation;\n ``(G) the projected value of--\n ``(i) the aggregate amount of the employer and \n employee contributions for old-age and survivors \n insurance benefits that are expected to be made by or \n on behalf of the individual prior to the individual \n attaining retirement age, in both actual dollars and \n dollars adjusted for inflation;\n ``(ii) the annual amount of old-age and survivors \n insurance benefits that are expected to be payable on \n the eligible individual's account for a single \n individual and for a married couple, in dollars \n adjusted for inflation;\n ``(iii) the total amount of old-age and survivors \n insurance benefits payable on the eligible individual's \n account for the individual's life expectancy, in \n dollars adjusted for inflation, identifying--\n ``(I) the life expectancy assumed;\n ``(II) the amount of benefits received on \n the basis of each $1 of contributions made by \n or on behalf of the individual; and\n ``(III) the projected annual rate of return \n for the individual, taking into account the \n date on which the contributions are made in the \n eligible individual's account and the date on \n which the benefits are paid;\n ``(iv) the total amount of old-age and survivors \n insurance benefits that would have accumulated on the \n eligible individual's account on the date on which the \n individual attains retirement age if the contributions \n for such individual had been invested in Treasury 10-\n year saving bonds at the prevailing interest rate for \n such bonds as of the end of the month preceding the \n date of the statement, and, alternatively, in the \n Standard and Poor's 500, or an equivalent portfolio of \n common stock equities that are based on a broad index \n of United States market performance, in dollars \n adjusted for inflation, identifying--\n ``(I) the date of retirement assumed;\n ``(II) the interest rate used for the \n projection; and\n ``(III) the amount that would be received \n on the basis of each $1 of contributions made \n by or on behalf of the individual;\n ``(H) the average annual rate of return, adjusted for \n inflation, on the Treasury 10-year saving bond as of the date \n of the statement;\n ``(I) the average annual rate of return, adjusted for \n inflation, on the Standard and Poor's 500, or an equivalent \n portfolio of common stock equities that are based on a broad \n index of United States market performance, for the preceding 25 \n years;\n ``(J) a brief statement that identifies--\n ``(i) the balance of the trust fund accounts as of \n the end of the month preceding the date of the \n statement;\n ``(ii) the annual estimated balance of the trust \n fund accounts for each of the succeeding 30 years; and\n ``(iii) the assumptions used to provide the \n information described in clauses (i) and (ii), \n including the rates of return and the nature of the \n investments of such trust fund accounts; and\n ``(K) a simple 1-page summary and comparison of the \n information that is provided to an eligible individual under \n subparagraphs (G), (H), and (I).''; and\n (2) by striking paragraph (3) and inserting the following:\n ``(3) The estimated amounts required to be provided in a statement \nunder this section shall be determined by the Commissioner using a \ngeneral methodology for making such estimates, as formulated and \npublished at the beginning of each calendar year by the Board of \nTrustees of the trust fund accounts. A description of the general \nmethodology used shall be provided to the eligible individual as part \nof the statement required under this section.\n ``(4) The Commissioner of Social Security shall notify an \nindividual who receives a social security account statement under this \nsection that the individual may request that the information described \nin paragraph (2) be determined on the basis of relevant information \nprovided by the individual, including information regarding the \nindividual's future income, marital status, date of retirement, or \nrace.\n ``(5) For purposes of this section--\n ``(A) the term `dollars adjusted for inflation' means--\n ``(i) dollars in constant or real value terms on \n the date on which the statement is issued; and\n ``(ii) an amount that is adjusted on the basis of \n the Consumer Price Index.\n ``(B) the term `eligible individual' means an individual \n who--\n ``(i) has a social security account number;\n ``(ii) has attained age 25 or over; and\n ``(iii) has wages or net earnings from self-\n employment; and\n ``(C) the term `trust fund account' means--\n ``(i) the Federal Old-Age and Survivors Insurance \n Trust Fund; and\n ``(ii) the Federal Disability Insurance Trust \n Fund.''.\n (b) Mandatory Provision of Statements Through Means Such As the \nInternet.--Section 1143(c)(2) of the Social Security Act (42 U.S.C. \n1320b-13(c)(2)) is amended--\n (1) in the first sentence, by inserting ``(which shall \n include the Internet as soon as the Commissioner of Social \n Security determines that adequate measures are in place to \n protect the confidentiality of the information contained in the \n statement)'' before the period; and\n (2) by striking the second and third sentences.\n (c) Technical Amendment.--Section 1143 of the Social Security Act \n(42 U.S.C. 1320b-13) is amended by striking ``Secretary'' each place it \nappears and inserting ``Commissioner of Social Security''.\n (d) Effective Date.--The amendments made by this Act shall apply to \nstatements provided for fiscal years beginning with fiscal year 2000.","summary":"Amends SSA title XI to modify the required contents of social security account statements, including changes requiring such statements to contain information on the name, age, gender, mailing address, and marital status of the eligible individual, as well as additional specified new contents. Revises provisions on the mandatory provision of such statements, with changes to incorporate the Internet as a means of provision as soon as the Commissioner of Social Security determines that adequate confidentiality safeguards are in place. Replaces each reference to the Secretary with the Commissioner of Social Security each place such reference occurs in SSA title XI provisions on social security account statements.","title":"Social Security Trust Funds Management Act of 1999","text_len":12184,"sum_len":718} {"bill_id":"112_s3222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Entrepreneur-in-Residence \nAct of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the term ``Administrator'' means the Administrator of \n the Small Business Administration;\n (2) the term ``agency'' means an Executive agency, as \n defined in section 105 of title 5, United States Code;\n (3) the term ``Director'' means the Director of the Office \n of Personnel Management;\n (4) the term ``entrepreneur-in-residence'' means an \n individual appointed to a position under the program;\n (5) the term ``program'' means the Federal entrepreneur-in-\n residence program established under section 3(a); and\n (6) the term ``small business concern'' has the meaning \n given that term under section 3 of the Small Business Act (15 \n U.S.C. 632).\n\nSEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM.\n\n (a) Program Established.--The Director, in consultation with the \nAdministrator, shall establish a Federal entrepreneur-in-residence \nprogram under which the Director, with the concurrence of the head of \nan agency, may appoint an entrepreneur-in-residence to a position in \nthe excepted service in the agency to carry out the duties described in \nsubsection (d).\n (b) Mission of Program.--The mission of the program shall be to--\n (1) provide for better outreach by the Federal Government \n to the private sector;\n (2) strengthen coordination and interaction between the \n Federal Government and the private sector on issues relevant to \n entrepreneurs and small business concerns; and\n (3) make Federal programs simpler, quicker, more efficient, \n and more responsive to the needs of small business concerns and \n entrepreneurs.\n (c) Appointments.--\n (1) In general.--The Director--\n (A) shall appoint entrepreneurs-in-residence under \n the program during each year; and\n (B) may not appoint more than 10 entrepreneurs-in-\n residence during any year.\n (2) Selection.--The Director shall select entrepreneurs-in-\n residence from among individuals who--\n (A) are successful in their field;\n (B) have demonstrated success in working with small \n business concerns and entrepreneurs; or\n (C) have successfully developed, invented, or \n created a product and brought the product to the \n marketplace.\n (3) Placement.--In appointing entrepreneurs-in-residence, \n the Director shall--\n (A) give priority to placing entrepreneurs-in-\n residence across the Federal Government at separate \n agencies; and\n (B) to the extent practicable, not appoint more \n than 2 entrepreneurs-in-residence to positions in the \n same agency during the same year.\n (4) Terms of appointment.--An entrepreneur-in-residence--\n (A) shall be a full-time employee of the agency to \n which the entrepreneur-in-residence is appointed; and\n (B) may not serve as an entrepreneur-in-residence \n for more than a period of 2 years.\n (d) Duties.--An entrepreneur-in-residence shall--\n (1) assist Federal agencies in improving outreach to small \n business concerns and entrepreneurs;\n (2) provide recommendations to the head of the agency \n employing the entrepreneur-in-residence on inefficient or \n duplicative programs, if any, at the agency;\n (3) provide recommendations to the head of the agency \n employing the entrepreneur-in-residence on methods to improve \n program efficiency at the agency or new initiatives, if any, \n that may be instituted at the agency;\n (4) facilitate meetings and forums to educate small \n business concerns and entrepreneurs on programs or initiatives \n of the agency employing the entrepreneur-in-residence;\n (5) facilitate in-service sessions with employees of the \n agency employing the entrepreneur-in-residence on issues of \n concern to entrepreneurs and small business concerns; and\n (6) provide technical assistance or mentorship to small \n business concerns and entrepreneurs in accessing programs at \n the agency employing the entrepreneur-in-residence.\n (e) Compensation.--\n (1) In general.--The rate of basic pay for an entrepreneur-\n in-residence shall be equivalent to the rate of basic pay for a \n position at GS-13, GS-14, or GS-15 of the General Schedule, \n which shall be determined in accordance with regulations \n promulgated by the Director.\n (2) Promotion.--If an entrepreneur-in-residence with a rate \n of pay equivalent to the rate of basic pay for a position at \n GS-13 or GS-14 satisfactorily completes 1 year of service in \n position under this section, the entrepreneur-in-residence may \n receive an increase in the rate of basic pay to be equal to the \n rate of basic pay for a position 1 grade higher on the General \n Schedule than the initial rate of basic pay of the \n entrepreneur-in-residence.\n (f) Reporting.--An entrepreneur-in-residence shall report directly \nto the head of the agency employing the entrepreneur-in-residence.\n (g) Termination.--The Director may not appoint an entrepreneur-in-\nresidence under this section after September 30, 2016.","summary":"Federal Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with small business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to small business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate small business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Terminates such program after FY2016.","title":"A bill to establish a pilot program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies.","text_len":5786,"sum_len":814} {"bill_id":"113_hr5650","text":"SECTION 1. GRANT OF FEDERAL CHARTER TO THE NATIONAL ACADEMY OF \n INVENTORS.\n\n (a) Grant of Charter.--Part B of subtitle II of title 36, United \nStates Code, is amended by inserting after chapter 1503 the following \nnew chapter:\n\n ``CHAPTER 1504--NATIONAL ACADEMY OF INVENTORS\n\n``Sec. 150401. Findings\n ``Congress finds the following:\n ``(1) The majority of our Nation's basic research is done \n at our colleges and universities.\n ``(2) The National Academy of Inventors recognizes and \n encourages inventors who have a patent issued from the United \n States Patent and Trademark Office.\n ``(3) The National Academy of Inventors enhances the \n visibility of university and non-profit research institute \n technology and academic innovation.\n ``(4) The National Academy of Inventors encourages the \n disclosure of intellectual property.\n ``(5) The National Academy of Inventors educates and \n mentors innovative students.\n ``(6) The systematic application of organized knowledge and \n information can generate technology and produce creative \n solutions to existing problems.\n ``(7) Innovation, based on new inventions and technologies, \n has proven to be a key factor in the industrial and economic \n development of the world.\n ``(8) The National Academy of Inventors serves a valuable \n role in the translation of science and technology within the \n university and non-profit research institute community, and for \n the benefit of society.\n ``(9) Congress supports the mission of the National Academy \n of Inventors to encourage the translation of the inventions of \n its members to benefit society.\n``Sec. 150402. Organization\n ``(a) Federal Charter.--The National Academy of Inventors, a not \nfor profit organization that meets the requirements under section \n501(c)(3) of the internal revenue code, and is organized under the laws \nof the State of Florida, is a federally chartered organization.\n ``(b) Expiration of Charter.--If the organization does not comply \nwith the provisions of this chapter, the charter granted shall expire.\n``Sec. 150403. Purposes\n ``The purposes of the organization are as provided in its bylaws \nand articles of incorporation.\n``Sec. 150404. Governing body\n ``(a) Board of Directors.--The composition of the board of \ndirectors for the organization, and the responsibilities of the board \nare as provided in the articles of incorporation and bylaws of the \norganization.\n ``(b) Officers.--The positions of officers\/executive committee \nmembers of the organization, and the election of the officers and \nexecutive committee members, are as provided in the articles of \nincorporation and bylaws.\n ``(c) Executive Committee.--The positions of executive committee \nmembers of the organization, and the election of executive committee \nmembers, are as provided in the articles of incorporation and bylaws.\n ``(d) Executive Advisory Board.--The composition of the executive \nadvisory board for the organization, and the responsibilities of the \nexecutive advisory board are as provided in the articles of \nincorporation and bylaws of the organization.\n``Sec. 150405. Powers\n ``The corporation has only those powers provided in its bylaws and \narticles of incorporation filed in each State in which it is \nincorporated.\n``Sec. 150406. Restrictions\n ``(a) Stock and Dividends.--The corporation may not issue stock or \ndeclare or pay a dividend.\n ``(b) Distribution of Income or Assets.--No part of the income or \nassets of this Corporation will be distributed, to its Directors or \nOfficers. However, the corporation may contract in due course of \nbusiness with its Officers or Directors for services rendered to the \nextent permissible under the articles of incorporation, under law and \nunder section 501(c)(3) of the United States Internal Revenue Code of \n1986.\n ``(c) Loans.--The organization may not loan money to any of its \ndirectors or officers.\n ``(d) Corporate Status.--The organization shall maintain its status \nas a corporation incorporated under the laws of the State of Florida.\n``Sec. 150407. Tax-exempt status required as a condition of charter\n ``If the corporation fails to maintain its status as an \norganization exempt from taxation under the Internal Revenue Code of \n1986, the charter granted under this chapter shall terminate.\n``Sec. 150408. Records\n ``The organization shall keep--\n ``(1) correct and complete records of account;\n ``(2) minutes of the proceedings of the members, board of \n directors, and committees of the corporation having any of the \n authority of the board of directors of the corporation; and\n ``(3) at the principal office of the corporation, a record \n of the names and addresses of the members of the corporation \n entitled to vote on matters relating to the corporation.\n``Sec. 150409. Liability for acts of officers and agents\n ``The organization is liable for any act of any officer or agent of \nthe corporation acting within the scope of the authority of the \ncorporation.\n``Sec. 150410. Annual report\n ``The corporation shall transmit to Congress an annual report on \nthe activities of the corporation during the preceding fiscal year. The \nreport shall be submitted at the same time as the report of the audit \nrequired. The report may not be printed as a public document.''.\n (b) Clerical Amendment.--The table of chapters at the beginning of \nsubtitle II of title 36, United States Code, is amended by inserting \nafter the item relating to chapter 1503 the following new item:\n\n ``1504. National Academy of \n Inventors..............................150401''.","summary":"Grants a federal charter to the National Academy of Inventors.","title":"To grant a Federal charter to the National Academy of Inventors.","text_len":5929,"sum_len":62} {"bill_id":"106_hr1686","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Freedom Act''.\n\n TITLE I--ANTITRUST AND CRIMINAL PROVISIONS\n\nSEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL \n EXCHANGE CARRIERS.\n\n In any civil action based on a claim arising under section 1, 2, or \n3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent \nlocal exchange carrier that has market power in the broadband service \nprovider market has willfully and knowingly failed to provide \nconditioned unbundled local loops when economically reasonable and \ntechnically feasible under section 715(a) of the Communications Act of \n1934, or restrains unreasonably the ability of a carrier to compete in \nits provision of broadband services over a local loop, shall be \nsufficient to establish a presumption of a violation of such section 1, \n2, or 3 of the Sherman Act.\n\nSEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS \n TRANSPORT PROVIDERS.\n\n In any civil action based on a claim arising under section 1, 2, or \n3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband \naccess transport provider that has market power in the broadband \nservice provider market has offered access to a service provider on \nterms and conditions, other than terms justified by demonstrable cost \ndifferentials, that are less favorable than those offered by such \noperator to itself, to an affiliated service provider, or to another \nservice provider, or restrains unreasonably the ability of a service \nprovider from competing in its provision of broadband services, shall \nbe sufficient to establish a presumption of a violation of such \nsection.\n\nSEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY \n BROADBAND ACCESS TRANSPORT PROVIDERS.\n\n It shall be unlawful for a broadband access transport provider to \nengage in unfair methods of competition or unfair or deceptive acts or \npractices, the purpose or effect of which is to discriminate in favor \nof a service provider that is affiliated with a broadband access \ntransport provider or to restrain unreasonably the ability of a service \nprovider that is not affiliated with a broadband access transport \nprovider from competing in its provision of any of the services \nprovided by a service provider as set forth in section 105(3).\n\nSEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL.\n\n Section 1030 of title 18, United States Code, is amended--\n (1) in subsection (a)(5)--\n (A) by striking ``or'' at the end of subparagraph \n (B); and\n (B) by inserting after subparagraph (C) the \n following new subparagraphs:\n ``(D) intentionally and without authorization initiates the \n transmission of a bulk unsolicited electronic mail message to a \n protected computer with knowledge that such message falsifies \n an Internet domain, header information, date or time stamp, \n originating e-mail address or other identifier; or\n ``(E) intentionally sells or distributes any computer \n program that--\n ``(i) is designed or produced primarily for the \n purpose of concealing the source or routing information \n of bulk unsolicited electronic mail messages in a \n manner prohibited by subparagraph (D) of this \n paragraph;\n ``(ii) has only limited commercially significant \n purpose or use other than to conceal such source or \n routing information; or\n ``(iii) is marketed by the violator or another \n person acting in concert with the violator and with the \n violator's knowledge for use in concealing the source \n or routing information of such messages;\n (2) in subsection (c)(2)(A)--\n (A) by inserting ``(i)'' after ``in the case of an \n offense''; and\n (B) by inserting after ``an offense punishable \n under this subparagraph;'' the following: ``; or (ii) \n under subsection (a)(5)(D) or (a)(5)(E) of this section \n which results in damage to a protected computer'';\n (3) in subsection (c)(2), by adding at the end the \n following new subparagraph:\n ``(D) in the case of a violation of subsection (a)(5)(D) or \n (E), actual monetary loss and statutory damages of $15,000 per \n violation or an amount of up to $10 per message per violation \n whichever is greater; and'';\n (4) in subsection (e)--\n (A) by striking ``and'' at the end of paragraph \n (8);\n (B) by striking the period at the end of paragraph \n (9); and\n (C) by adding at the end the following new \n paragraphs:\n ``(10) the term `initiates the transmission' means, in the \n case of an electronic mail message, to originate the electronic \n mail message, and excludes the actions of any interactive \n computer service whose facilities or services are used by \n another person to transmit, relay, or otherwise handle such \n message;\n ``(11) the term `Internet domain' means a specific computer \n system (commonly referred to as a `host') or collection of \n computer systems attached to or able to be referenced from the \n Internet which are assigned a specific reference point on the \n Internet (commonly referred to as an `Internet domain name') \n and registered with an organization recognized by the Internet \n industry as a registrant of Internet domains;\n ``(12) the term `unsolicited electronic mail message' means \n any substantially identical electronic mail message other than \n electronic mail initiated by any person to others with whom \n such person has a prior relationship, including prior business \n relationship, or electronic mail sent by a source to recipients \n where such recipients, or their designees, have at any time \n affirmatively requested to receive communications from that \n source; and\n ``(13) the term `Internet' means all computer and \n telecommunications facilities, including equipment and \n operating software, which comprise the interconnected network \n of networks that employ the Transmission Control Protocol\/\n Internet Protocol, or any predecessor or successor protocols to \n such protocol, to communicate information of all kinds by wire \n or radio.''.\n (5) in subsection (g), by inserting ``and reasonable \n attorneys' fees and other litigation costs reasonably incurred \n in connection with civil action'' after ``injunctive relief or \n other equitable relief''.\n\nSEC. 105. DEFINITIONS.\n\n For purposes of this title:\n (1) Broadband.--The term ``broadband'' refers to a \n transmission capability in excess of 200 kilobits per second in \n at least one direction.\n (2) Broadband access transport provider.--The term \n ``broadband access transport provider'' means one who engages \n in the broadband transmission of data between a user and his \n service provider's point of interconnection with the broadband \n access transport provider's facilities. Such term shall also \n include a service provider who provides to itself, over \n facilities owned by it or under its control, the broadband \n transport of services between itself and its users.\n (3) Service provider.--The term ``service provider'' means \n a person who provides a service that enables users to access \n content, information, electronic mail, or other services. The \n term may also include access to proprietary content, \n information, and other services as part of a package of \n services offered to consumers.\n (4) Internet.--The term ``Internet'' means all computer and \n telecommunications facilities, including equipment and \n operating software, which comprise the interconnected network \n of networks that employ the Transmission Control Protocol\/\n Internet Protocol, or any predecessor or successor protocols to \n such protocol, to communicate information of all kinds by wire \n or radio.\n (5) Broadband service provider market.--The term \n ``broadband service provider market'' includes the provision of \n broadband services over a single broadband access transport \n provider's facilities.\n\n TITLE II--ADDITIONAL PROVISIONS\n\nSEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.\n\n Title VII of the Communications Act of 1934 is amended by adding at \nthe end thereof the following new section:\n\n``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.\n\n ``(a) Broadband Services Plans.--\n ``(1) Plan required.--Within 180 days after the effective \n date of this section, each local exchange carrier shall submit \n to the State commission in each State in which such carrier \n does business a plan to provide broadband telecommunications \n service in all local exchange areas in which such carrier has \n telephone exchange service customers as soon as such broadband \n telecommunications service is economically reasonably and \n technically feasible. The plan shall include all terms and \n conditions, including pricing, under which the services shall \n be provided. The test of economic reasonability and technical \n feasibility shall be made separately by the local exchange \n carrier for each local exchange, and the plan shall be \n considered certified 45 days after submission unless the State \n commission rejects the plan within such 45 days. Upon rejection \n of a plan, successive plans shall be submitted until approval \n is obtained. The plan shall be implemented within 180 days of \n the certification of the plan in each local exchange in which \n the provision of the service is both economically reasonable \n and technically feasible. Upon certification of its plan, the \n carrier shall be obligated by terms of the plan (including any \n modifications that it requests that are thereafter certified) \n but shall otherwise provide such services free of Federal and \n State price, rate, rate of return, and profit regulation. Upon \n a determination by the State commission that a local exchange \n is served by another provider of broadband telecommunications \n services, or any broadband Internet access transport provider, \n or upon a determination by such State commission that the local \n exchange carrier makes broadband telecommunications services \n available to 70 percent of the access lines in an exchange, a \n local exchange carrier shall no longer be obligated by the \n terms of any such plan in such local exchange.\n ``(2) State modifications prohibited.--Except upon request \n of the carrier, the State commission shall have no authority to \n modify any plan submitted pursuant to paragraph (1).\n ``(3) No commission authority.--The Commission shall have \n no authority with respect to the terms of any plan and shall \n have no authority with respect to the approval or rejection of \n any such plan.\n ``(b) Supersession of Other Requirements.--An incumbent local \nexchange carrier's provision of broadband local telecommunications \nservices shall not be subject to the requirements of sections 251(c)(3) \nand 251(c)(4) of the Act in any State in which that carrier certifies \nto the State commission that--\n ``(1) in central offices in which it provides local loops \n that are conditioned for broadband services, it provides such \n loops to other carriers at least as quickly as it provides them \n for its own customers;\n ``(2) in central offices in which it does not currently \n provide local loops that are conditioned for broadband \n services, but in which such service is economically reasonable \n and technically feasible, it will provide such loops within 120 \n days of a request for such conditioning from another carrier; \n and\n ``(3) conditioned loops are provided upon such prices and \n other terms and conditions as the parties shall agree, or in \n any event of disagreements, as are determined through \n commercial arbitration, in which the commercial arbitrator \n shall establish the price based upon the cost of the loops and \n the costs for such conditioning that have been incurred by the \n local exchange carrier plus a reasonable profit.''.\n\n SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE.\n\n (a) InterLATA Internet Services.--Paragraph (21) of section 3 of \nthe Communications Act of 1934 (47 U.S.C. 153(21)), relating to the \ndefinition of interLATA service, is amended by inserting before the \nperiod the following: ``, except that such term shall not include \nservices that consist of or include the transmission of any data or \ninformation, including any writing, signs, signals, pictures, or sounds \nrelated to the transmission of such data or information, by means of \nthe Internet or any other network that employs Internet Protocol-based \nor other packet-switched technology''.\n (b) Voice InterLATA Internet Services.--Neither a Bell operating \ncompany, nor any affiliate of a Bell operating company, may provide, by \nmeans of the Internet or any other network that employs Internet \nProtocol-based or other packet-switched technology, two-way voice-only \ninterLATA telecommunications services originating in any of its in-\nregion States until such time as the Federal Communications Commission \napproves the application of such company for such State pursuant to \nsection 271(d) of the Communications Act of 1934. The terms in this \nsubsection shall have the same respective meanings given such terms in \nsections 3 and 271 of such Act.","summary":"TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction. And (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier. Or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days . Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.","title":"Internet Freedom Act","text_len":14530,"sum_len":3348} {"bill_id":"103_s2161","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Social Security \nDisability Amendments Act of 1994''.\n (b) Table of Contents.--The table of contents is as follows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Disregard deemed income and resources of ineligible spouse when \n determining continued eligibility under \n section 1619(b).\nSec. 3. Plans for achieving self-support not disapproved within 60 days \n to be deemed approved.\nSec. 4. Expansion of plans for achieving self-support to include \n housing goals.\nSec. 5. Regulations regarding completion of plans for achieving self-\n support.\nSec. 6. Treatment of certain grant, scholarship, or fellowship income \n as earned income for SSI purposes.\nSec. 7. SSI eligibility for students temporarily abroad.\nSec. 8. Effective date.\n\nSEC. 2. DISREGARD DEEMED INCOME AND RESOURCES OF INELIGIBLE SPOUSE WHEN \n DETERMINING CONTINUED ELIGIBILITY UNDER SECTION 1619(b).\n\n Section 1614(f)(1) of the Social Security Act (42 U.S.C. \n1382c(f)(1)) is amended by inserting ``(other than under section \n1619(b))'' after ``benefits''.\n\nSEC. 3. PLANS FOR ACHIEVING SELF-SUPPORT NOT DISAPPROVED WITHIN 60 DAYS \n TO BE DEEMED APPROVED.\n\n (a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of \nthe Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each \nof subparagraphs (A) and (B) by inserting ``and, for purposes of this \nclause, a completed plan for achieving self-support which is not \ndisapproved by the Secretary within 60 days after the date of \nsubmission shall be deemed to be approved by the Secretary until \nsubsequently disapproved by the Secretary (with appropriate \nnotification to the individual),'' after ``plan,''.\n (b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of \nsuch Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, and, for \npurposes of this paragraph, a completed plan for achieving self-support \nwhich is not disapproved by the Secretary within 60 days after the date \nof submission shall be deemed to be approved by the Secretary until 6 \nmonths after subsequently disapproved by the Secretary (with \nappropriate notification to the individual)'' after ``such plan''.\n\nSEC. 4. EXPANSION OF PLANS FOR ACHIEVING SELF-SUPPORT TO INCLUDE \n HOUSING GOALS.\n\n (a) Income Disregard Rules.--Section 1612(b)(4) of the Social \nSecurity Act (42 U.S.C. 1382a(b)(4)) is amended in each of \nsubparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a \ncareer or housing goal, that has been'' before ``approved''.\n (b) Resource Disregard Rules.--Section 1613(a)(4) of such Act (42 \nU.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or \nhousing goal, that has been'' before ``approved''.\n\nSEC. 5. REGULATIONS REGARDING COMPLETION OF PLANS FOR ACHIEVING SELF-\n SUPPORT.\n\n Section 1633 of the Social Security Act (42 U.S.C. 1383b) is \namended by adding at the end the following:\n ``(d) The Secretary shall establish by regulation time limits and \nother criteria--\n ``(1) which are related to an individual's career or \n housing goal included in a plan for achieving self-support, and\n ``(2) that take into account the difficulty of achieving \n self-support based on the needs of the individual and the goals \n of the plan.''.\n\nSEC. 6. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME \n AS EARNED INCOME FOR SSI PURPOSES.\n\n Section 1612(a)(1) of the Social Security Act (42 U.S.C. \n1382a(a)(1)), as amended by section 309 of this Act, is amended--\n (1) by striking ``and'' at the end of subparagraph (E); and\n (2) by adding at the end the following:\n ``(G) any grant, scholarship, or fellowship \n described in section 1612(b)(7) to the extent not \n excluded from income pursuant to such section; and''.\n\nSEC. 7. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.\n\n Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is \namended by adding at the end the following: ``The first sentence of \nthis subsection shall not apply to any individual who was eligible to \nreceive a benefit under this title for the month immediately preceding \nthe first month during all of which such individual is outside the \nUnited States and who demonstrates to the satisfaction of the Secretary \nthat the individual's absence from the United States will be temporary \nand for the purpose of conducting studies as part of an educational \nprogram designed to prepare the individual for gainful employment and \nsponsored by a school, college, or university in the United States.''.\n\nSEC. 8. EFFECTIVE DATE.\n\n Except as otherwise provided in this Act, the amendments made by \nthis Act shall take effect on the 1st day of the 1st calendar month \nthat begins 90 or more days after the date of the enactment of this \nAct.","summary":"Social Security Disability Amendments Act of 1994 - Amends title XVI (SSI) of the Social Security Act to: (1) disregard the deemed income and resources of an ineligible spouse when determining the continued eligibility of the disabled spouse for Medicaid. (2) provide that individual Plans for Achieving Self Support (PASS) shall be deemed approved unless disallowed within 60 days by the Social Security Administration. (3) disregard the income andor resources received by a PASS recipient for the purpose of achieving housing or career goals. (4) require the Secretary of Health and Human Services to promulgate regulations that consider both individual career and housing goals, and the difficulty of achieving self-support. (5) treat certain grant, scholarship, or fellowship income as earned income according to a certain formula. And (6) retain SSI eligibility for students temporarily outside the United States who demonstrate that their absence is to conduct studies as part of an educational program sponsored by an educational institution in the United States and designed to prepare the individual for gainful employment.","title":"Social Security Disability Amendments Act of 1994","text_len":5147,"sum_len":1132} {"bill_id":"108_s837","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on the Accountability and \nReview of Federal Agencies Act''.\n\nSEC. 2. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established the Commission on the \nAccountability and Review of Federal Agencies (hereafter in this Act \nreferred to as the ``Commission'').\n (b) Membership.--\n (1) In general.--The Commission shall consist of 12 \n members, all of whom shall be appointed by the President not \n later than 90 days after the date of enactment of this Act.\n (2) Chairperson and vice chairperson.--The President shall \n designate a chairperson and vice chairperson from among the \n members of the Commission.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Meetings.--\n (1) Initial meeting.--Not later than 30 days after the date \n on which all members of the Commission have been appointed, the \n Commission shall hold its first meeting.\n (2) Subsequent meetings.--The Commission shall meet at the \n call of the chairperson.\n (e) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n (a) Definition.--In this section:\n (1) In general.--Except as provided in paragraph (2), the \n term ``agency'' has the meaning given the term ``executive \n agency'' under section 105 of title 5, United States Code.\n (2) Exception.--The term ``agency'' does not include the \n Department of Defense or its subdivisions.\n (b) In General.--The Commission shall--\n (1) evaluate all agencies and programs within those \n agencies, using the criteria under subsection (c); and\n (2) submit to Congress--\n (A) a plan with recommendations of the agencies and \n programs that should be realigned or eliminated; and\n (B) proposed legislation to implement the plan \n described under subparagraph (A).\n (c) Criteria.--\n (1) Duplicative.--If 2 or more agencies or programs are \n performing the same essential function and the function can be \n consolidated or streamlined into a single agency or program, \n the Commission shall recommend that the agency or program be \n realigned.\n (2) Wasteful or inefficient.--The Commission shall \n recommend the realignment or elimination of any agency or \n program that has wasted Federal funds by--\n (A) egregious spending;\n (B) mismanagement of resources and personnel; or\n (C) use of such funds for personal benefit or the \n benefit of a special interest group.\n (3) Outdated, irrelevant, or failed.--The Commission shall \n recommend the elimination of any agency or program that--\n (A) has completed its intended purpose;\n (B) has become irrelevant; or\n (C) has failed to meet its objectives.\n (d) Systematic Assessment of Programs.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the President shall--\n (A) establish a systematic method for assessing the \n effectiveness and accountability of agency programs; \n and\n (B) submit, to the Commission, assessments of not \n less than \\1\/2\\ of all programs covered under \n subsection (b)(1) that use the method established under \n subparagraph (A).\n (2) Method objectives.--The method established under \n paragraph (1) shall--\n (A) recognize different types of federal programs;\n (B) assess programs based primarily on the \n achievement of performance goals (as defined under \n section 1115(f)(4) of title 31, United States Code); \n and\n (C) assess programs based in part on the adequacy \n of the program's performance measures, financial \n management, and other factors determined by the \n President.\n (3) Development.--The method established under paragraph \n (1) shall not be implemented until it has been reviewed and \n accepted by the Commission.\n (4) Consideration of assessments.--The Commission shall \n consider assessments submitted under this subsection when \n evaluating programs under subsection (b)(1).\n (e) Common Performance Measures.--Not later than 1 year after the \ndate of enactment of this Act, the President shall identify common \nperformance measures for programs covered in subsection (b)(1) that \nhave similar functions and, to the extent feasible, provide the \nCommission with data on such performance measures.\n (f) Report.--\n (1) In general.--Not later than 2 years after the date of \n enactment of this Act, the Commission shall submit to the \n President and Congress a report that includes--\n (A) the plan described under subsection (b)(2)(A), \n with supporting documentation for all recommendations; \n and\n (B) the proposed legislation described under \n subsection (b)(2)(B).\n (2) Use of savings.--The proposed legislation described \n under subsection (b)(2)(B) shall provide that all funds saved \n by the implementation of the plan described under subsection \n (b)(2)(A) shall be used to--\n (A) support other domestic programs; or\n (B) pay down the national debt.\n (3) Relocation of federal employees.--The proposed \n legislation under paragraph (1)(B) shall provide that if the \n position of an employee of an agency is eliminated as a result \n of the implementation of the plan under paragraph (1)(A), the \n affected agency shall make reasonable efforts to relocate such \n employee to another position within the agency or within \n another Federal agency.\n\nSEC. 4. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission or, at its direction, any \nsubcommittee or member of the Commission, may, for the purpose of \ncarrying out this Act--\n (1) hold such hearings, sit and act at such times and \n places, take such testimony, receive such evidence, and \n administer such oaths as any member of the Commission considers \n advisable;\n (2) require, by subpoena or otherwise, the attendance and \n testimony of such witnesses as any member of the Commission \n considers advisable; and\n (3) require, by subpoena or otherwise, the production of \n such books, records, correspondence, memoranda, papers, \n documents, tapes, and other evidentiary materials relating to \n any matter under investigation by the Commission.\n (b) Subpoenas.--\n (1) Issuance.--Subpoenas issued under subsection (a) shall \n bear the signature of the chairperson of the Commission and \n shall be served by any person or class of persons designated by \n the chairperson for that purpose.\n (2) Enforcement.--In the case of contumacy or failure to \n obey a subpoena issued under subsection (a), the United States \n district court for the judicial district in which the \n subpoenaed person resides, is served, or may be found, may \n issue an order requiring such person to appear at any \n designated place to testify or to produce documentary or other \n evidence. Any failure to obey the order of the court may be \n punished by the court as a contempt of that court.\n (c) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out this Act. Upon request of \nthe chairperson of the Commission, the head of such department or \nagency shall furnish such information to the Commission.\n (d) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (e) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 5. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--\n (1) Non-federal members.--Except as provided under \n subsection (b), each member of the Commission who is not an \n officer or employee of the Federal Government shall not be \n compensated.\n (2) Federal officers or employees.--All members of the \n Commission who are officers or employees of the United States \n shall serve without compensation in addition to that received \n for their services as officers or employees of the United \n States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (c) Staff.--\n (1) In general.--The chairperson of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment of an \n executive director shall be subject to confirmation by the \n Commission.\n (2) Compensation.--Upon the approval of the chairperson, \n the executive director may fix the compensation of the \n executive director and other personnel without regard to \n chapter 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification of positions and \n General Schedule pay rates, except that the rate of pay for the \n executive director and other personnel may not exceed the \n maximum rate payable for a position at GS-15 of the General \n Schedule under section 5332 of such title.\n (3) Personnel as federal employees.--\n (A) In general.--The executive director and any \n personnel of the Commission who are employees shall be \n employees under section 2105 of title 5, United States \n Code, for purposes of chapters 63, 81, 83, 84, 85, 87, \n 89, and 90 of that title.\n (B) Members of commission.--Subparagraph (A) shall \n not be construed to apply to members of the Commission.\n (d) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nchairperson of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 6. TERMINATION OF THE COMMISSION.\n\n The Commission shall terminate 90 days after the date on which the \nCommission submits the report under section 3(f).\n\nSEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.\n\n (a) Definitions.--In this section:\n (1) Implementation bill.--The term ``implementation bill'' \n means only a bill which is introduced as provided under \n subsection (b), and contains the proposed legislation included \n in the report submitted to Congress under section 3, without \n modification.\n (2) Calendar day.--The term ``calendar day'' means a \n calendar day other than 1 on which either House is not in \n session because of an adjournment of more than 3 days to a date \n certain.\n (b) Introduction; Referral; and Report or Discharge.--\n (1) Introduction.--On the first calendar day on which both \n Houses are in session, on or immediately following the date on \n which the report is submitted to Congress under section 3, a \n single implementation bill shall be introduced (by request)--\n (A) in the Senate by the Majority Leader of the \n Senate, for himself and the Minority Leader of the \n Senate, or by Members of the Senate designated by the \n Majority Leader and Minority Leader of the Senate; and\n (B) in the House of Representatives by the Speaker \n of the House of Representatives, for himself and the \n Minority Leader of the House of Representatives, or by \n Members of the House of Representatives designated by \n the Speaker and Minority Leader of the House of \n Representatives.\n (2) Referral.--The implementation bills introduced under \n paragraph (1) shall be referred to any appropriate committee of \n jurisdiction in the Senate and any appropriate committee of \n jurisdiction in the House of Representatives. A committee to \n which an implementation bill is referred under this paragraph \n may report such bill to the respective House without amendment.\n (3) Report or discharge.--If a committee to which an \n implementation bill is referred has not reported such bill by \n the end of the 15th calendar day after the date of the \n introduction of such bill, such committee shall be immediately \n discharged from further consideration of such bill, and upon \n being reported or discharged from the committee, such bill \n shall be placed on the appropriate calendar.\n (c) Floor Consideration.--\n (1) In general.--When the committee to which an \n implementation bill is referred has reported, or has been \n discharged under subsection (b)(3), it is at any time \n thereafter in order (even though a previous motion to the same \n effect has been disagreed to) for any Member of the respective \n House to move to proceed to the consideration of the \n implementation bill, and all points of order against the \n implementation bill (and against consideration of the \n implementation bill) are waived. The motion is highly \n privileged in the House of Representatives and is privileged in \n the Senate and is not debatable. The motion is not subject to \n amendment, or to a motion to postpone, or to a motion to \n proceed to the consideration of other business. A motion to \n reconsider the vote by which the motion is agreed to or \n disagreed to shall not be in order. If a motion to proceed to \n the consideration of the implementation bill is agreed to, the \n implementation bill shall remain the unfinished business of the \n respective House until disposed of.\n (2) Amendments.--An implementation bill may not be amended \n in the Senate or the House of Representatives.\n (3) Debate.--Debate on the implementation bill, and on all \n debatable motions and appeals in connection therewith, shall be \n limited to not more than 10 hours, which shall be divided \n equally between those favoring and those opposing the \n resolution. A motion further to limit debate is in order and \n not debatable. An amendment to, or a motion to postpone, or a \n motion to proceed to the consideration of other business, or a \n motion to recommit the implementation bill is not in order. A \n motion to reconsider the vote by which the implementation bill \n is agreed to or disagreed to is not in order.\n (4) Vote on final passage.--Immediately following the \n conclusion of the debate on an implementation bill, and a \n single quorum call at the conclusion of the debate if requested \n in accordance with the rules of the appropriate House, the vote \n on final passage of the implementation bill shall occur.\n (5) Rulings of the chair on procedure.--Appeals from the \n decisions of the Chair relating to the application of the rules \n of the Senate or the House of Representatives, as the case may \n be, to the procedure relating to an implementation bill shall \n be decided without debate.\n (d) Coordination With Action by Other House.--If, before the \npassage by 1 House of an implementation bill of that House, that House \nreceives from the other House an implementation bill, then the \nfollowing procedures shall apply:\n (1) Nonreferral.--The implementation bill of the other \n House shall not be referred to a committee.\n (2) Vote on bill of other house.--With respect to an \n implementation bill of the House receiving the implementation \n bill--\n (A) the procedure in that House shall be the same \n as if no implementation bill had been received from the \n other House; but\n (B) the vote on final passage shall be on the \n implementation bill of the other House.\n (e) Rules of Senate and House of Representatives.--This section is \nenacted by Congress--\n (1) as an exercise of the rulemaking power of the Senate \n and House of Representatives, respectively, and as such it is \n deemed a part of the rules of each House, respectively, but \n applicable only with respect to the procedure to be followed in \n that House in the case of an implementation bill described in \n subsection (a), and it supersedes other rules only to the \n extent that it is inconsistent with such rules; and\n (2) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary for carrying out this Act for each of the fiscal years 2004 \nthrough 2006.","summary":"Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs. And (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs. And (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted. Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.","title":"A bill to establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes.","text_len":19172,"sum_len":897} {"bill_id":"103_s1188","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Mandate Relief Act of \n1993''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) Federal regulation of State and local governments has \n become increasingly extensive and intrusive in recent years;\n (2) such regulation has, in many instances--\n (A) adversely affected the ability of State and \n local governments to achieve their independent \n responsibilities and meet their established priorities; \n and\n (B) forced State and local governments to use \n existing revenue sources and to generate new property \n tax revenues to enable them to adhere to Federal \n mandates; and\n (3) the resulting excessive fiscal burdens on State and \n local governments also undermine the governments' ability to \n attain the goals of Federal regulations.\n (b) Purpose.--It is the purpose of this title to establish \nprocedures to ensure that the Federal Government pays the total amount \nof additional costs incurred by State and local governments in \ncomplying with intergovernmental regulations that take effect on or \nafter the date of enactment of this Act.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``additional costs'' means the amount of costs \n incurred by a State or local government solely in complying \n with an intergovernmental regulation promulgated pursuant to a \n significant Federal statute concerning a particular activity \n that is in excess of the amount that the State or local \n government would incur in carrying out that activity in the \n absence of the regulation, but does not include any amount that \n a State or local government is required or permitted by law to \n contribute as a non-Federal share under a Federal assistance \n program;\n (2) the term ``Director'' means the Director of the Office \n of Management and Budget;\n (3) the term ``Federal agency'' means a department, agency, \n or instrumentality in the executive branch of the United States \n Government, but does not include a mixed-ownership Government \n corporation;\n (4) the term ``Federal assistance'' means assistance \n provided by a Federal agency to a State or local government or \n other public or private recipient in the form of a grant, loan, \n loan guarantee, property, cooperative agreement, or technical \n assistance, but does not include direct cash assistance to a \n natural person, a contract for the procurement of goods or \n services for the United States, or insurance;\n (5) the term ``intergovernmental regulation'' means a \n statute, or a regulation promulgated by a Federal agency \n pursuant to a significant statute, that--\n (A) requires a State or local government to--\n (i) take certain actions; or\n (ii) comply with certain conditions; and\n (B) takes effect on or after the date of enactment \n of this Act;\n (6) the term ``local government'' means--\n (A) a county, city, town, village, or other general \n purpose political subdivision of a State;\n (B) a school district; and\n (C) a unit of local government established under \n State law for a particular public purpose;\n (7) the term ``State'' means each of the States, the \n District of Columbia, Guam, the Commonwealth of Puerto Rico, \n the Commonwealth of the Northern Mariana Islands, the Virgin \n Islands, American Samoa, and the Trust Territory of the Pacific \n Islands.\n\nSEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL \n COSTS.\n\n (a) In General.--An intergovernmental regulation may not be \nenforced against a State or local government with respect to a fiscal \nyear--\n (1) unless there has been made an appropriation of Federal \n funds, and such funds have been made available, to all State \n and local governments for the fiscal year in an amount that is \n sufficient to reimburse all State or local governments for the \n total amount of additional costs that will be incurred by those \n governments in complying with the regulation during the fiscal \n year; or\n (2) Congress approves by a two-thirds vote of the members \n of each House of Congress, duly chosen and sworn, a joint \n resolution that waives subsection (a) with respect to that \n intergovernmental regulation and that fiscal year.\n (b) Determination of Additional Costs.--For the purposes of \nsubsection (a), the total amount of additional costs that will be \nincurred by State governments and local governments in complying with \nan intergovernmental regulation during a fiscal year shall be the total \namount of such costs for compliance with the regulation estimated by \nthe Director for the fiscal year in the report required under section 5 \nfor the fiscal year.\n\nSEC. 5. REPORT BY THE DIRECTOR.\n\n For each fiscal year in which an intergovernmental regulation will \nbe in effect, the Director, in consultation with representatives of \nState and local governments, shall prepare and submit to the President \nand the Congress, with the President's budget in January preceding the \nbeginning of a fiscal year, a report that contains an estimate, for \nthat fiscal year and the following fiscal year, of the total amount of \nadditional costs that have been incurred or will be incurred by each \nState government and by each local government within each State in \ncomplying with the intergovernmental regulation.\n\nSEC. 6. PAYMENT OF REIMBURSEMENTS.\n\n (a) In General.--The head of a Federal agency that administers an \nintergovernmental regulation shall pay to each State and local \ngovernment in each fiscal year the amount determined pursuant to this \nsection to reimburse the State and local governments in the State for \nthe additional costs incurred by those governments in complying with \nthe intergovernmental regulation during the fiscal year.\n (b) Amount Paid by a Federal Agency to a State or Local \nGovernment.--The amount to be paid to a State or local government under \nsubsection (a) for a fiscal year shall be the amount of additional \ncosts specified for that State or local government in the report \nsubmitted pursuant to section 5.\n (c) Inapplicability of Section.--This section does not apply with \nrespect to an intergovernmental regulation that will be in effect \nduring a fiscal year if, with respect to that intergovernmental \nregulation and that fiscal year, a joint resolution described in \nsection 4(a)(2) is in effect.\n\nSEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS.\n\n No statute enacted after the date of enactment of this Act shall \nsupersede this Act unless the statute does so in specific terms, \nreferring to this Act, and declares that that statute supersedes this \nAct.","summary":"Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year. Or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies.","title":"Federal Mandate Relief Act of 1993","text_len":7315,"sum_len":1353} {"bill_id":"109_hr5149","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Eastern Sierra Rural Heritage and \nEconomic Enhancement Act''.\n\nSEC. 2. DEFINITION OF SECRETARY.\n\n In this Act, the term ``Secretary'' means--\n (1) with respect to land under the jurisdiction of the \n Secretary of Agriculture, the Secretary of Agriculture; and\n (2) with respect to land under the jurisdiction of the \n Secretary of the Interior, the Secretary of the Interior.\n\nSEC. 3. DESIGNATION OF WILDERNESS AREAS.\n\n In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the \nfollowing areas in the State of California are designated as wilderness \nareas and as components of the National Wilderness Preservation System:\n (1) Hoover wilderness addition.--\n (A) Designation.--Certain land in the Humboldt-\n Toiyabe National Forest, comprising approximately \n 39,680 acres, as generally depicted as Area C on the \n map entitled ``Hoover Proposed Wilderness Addition'' \n and dated August 8, 2005, is incorporated in, and shall \n be deemed to be a part of the Hoover Wilderness as \n designated by Public Law 88-577.\n (B) Operation and maintenance of piute cabin.--The \n designation under subparagraph (A) shall not preclude \n operation and maintenance of the existing historic \n Piute Cabin, located in the western portion of the \n Hoover Wilderness Addition, in the same manner and \n degree in which operation and maintenance of such cabin \n were occurring as of the date of introduction of this \n Act.\n (C) No restriction on certain activities.--The \n designation under subparagraph (A) is not intended to \n restrict the ongoing activities of the adjacent United \n States Marine Corps Mountain Warfare Training Center on \n lands outside the wilderness under agreement with the \n Secretary.\n (2) Emigrant wilderness addition.--Certain land in the \n Humboldt-Toiyabe National Forest, comprising approximately 640 \n acres, as generally depicted as Area D on the map entitled \n ``Hoover Proposed Wilderness Addition'' and dated August 8, \n 2005, is incorporated in, and which shall be deemed to be a \n part of the Emigrant Wilderness as designated by Public Law 88-\n 577.\n\nSEC. 4. ADMINISTRATION OF WILDERNESS AREAS.\n\n (a) Management.--Subject to valid existing rights, each area \ndesignated as wilderness by this Act shall be administered by the \nSecretary in accordance with the Wilderness Act (16 U.S.C. 1131 et \nseq.) except that--\n (1) any reference in that Act to the effective date shall \n be considered to be a reference to the date of the enactment of \n this Act; and\n (2) any reference in that Act to the Secretary of \n Agriculture shall be considered to be a reference to the \n Secretary that has jurisdiction over the wilderness.\n (b) Map and Description.--\n (1) In general.--As soon as practicable after the date of \n the enactment of this Act, the Secretary shall file a map and \n legal description of each wilderness area designated by this \n Act with--\n (A) the Committee on Resources of the House of \n Representatives; and\n (B) the Committee on Energy and Natural Resources \n of the Senate.\n (2) Force of law.--A map and legal description filed under \n paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary may correct \n errors in the map and legal description.\n (3) Public availability.--Each map and legal description \n filed under paragraph (1) shall be filed and made available for \n public inspection in the appropriate office of the Secretary.\n (c) Incorporation of Acquired Land and Interests.--Any land within \nthe boundary of a wilderness area designated by this Act that is \nacquired by the United States shall--\n (1) become part of the wilderness area in which the land is \n located; and\n (2) be managed in accordance with this Act, the Wilderness \n Act (16 U.S.C. 1131 et seq.) and any other applicable law.\n (d) Withdrawal.--Subject to valid rights in existence on the date \nof the enactment of this Act, the Federal land designated as wilderness \nby this Act is withdrawn from all forms of--\n (1) entry, appropriation, or disposal under the public land \n laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under all laws pertaining to mineral and \n geothermal leasing or mineral materials.\n (e) Fire, Insect, and Disease Management Activities.--\n (1) In general.--The Secretary may take such measures in \n the wilderness areas designated by this act as are necessary \n for the control and prevention of fire, insects, and diseases, \n in accordance with--\n (A) section 4(d)(1) of the Wilderness Act (16 \n U.S.C. 1133(d)(1)); and\n (B) House Report No. 98-40 of the 98th Congress.\n (2) Review.--Not later than 1 year after the date of the \n enactment of this Act, the Secretary shall review existing \n policies applicable to the wilderness areas designated by this \n Act to ensure that authorized approval procedures for any fire \n management measures allow a timely and efficient response to \n fire emergencies in the wilderness areas.\n (f) Snow Sensors and Stream Gauges.--If the Secretary determines \nthat hydrologic, meteorologic, or climatological instrumentation is \nappropriate to further the scientific, educational, and conservation \npurposes of the wilderness areas designated by this Act, nothing in the \nAct shall prevent the installation and maintenance of the \ninstrumentation within the wilderness areas.\n (g) Military Activities.--Nothing in this Act precludes low-level \noverflights of military aircraft, the designation of new units of \nspecial airspace, or the use or establishment of military flight \ntraining routes over wilderness areas designated by this Act.\n (h) Livestock.--Grazing of livestock and the maintenance of \nexisting facilities related to grazing in the wilderness areas \ndesignated by this Act, established before the date of the enactment of \nthis Act shall be permitted to continue in accordance with--\n (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. \n 1133(d)(4)); and\n (2) the guidelines set forth in Appendix A of the report of \n the Committee on Interior and Insular Affairs of the House of \n Representatives accompanying H.R. 2570 of the 101st Congress \n (H. Rept. 101-405).\n (i) Fish and Wildlife Management.--\n (1) In general.--In furtherance of the purposes of the \n Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may \n carry out management activities to maintain or restore \n populations and habitats for fish and wildlife in wilderness \n areas designated by this Act if such activities are--\n (A) consistent with applicable wilderness \n management plans; and\n (B) carried out in accordance with applicable \n guidelines and policies.\n (2) State jurisdiction.--Nothing in this Act affects the \n jurisdiction of the State of California with respect to fish \n and wildlife on public land.\n (j) Adjacent Management.--\n (1) In general.--Nothing in this Act creates protective \n perimeters or buffer zones around the wilderness areas \n designated by this Act.\n (2) Non-wilderness activities.--The fact that non-\n wilderness activities or uses can be seen or heard from areas \n within a wilderness area designated by this Act shall not \n preclude the conduct of those activities or uses outside the \n boundary of the wilderness area.\n\nSEC. 5. WILD AND SCENIC RIVER DESIGNATION.\n\n (a) Designation of the Amargosa Wild and Scenic River, \nCalifornia.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. \n1274(a)) is amended by adding at the end the following:\n ``(167) Amargosa river, california.--The following segments \n of the Amargosa River in the State of California, to be \n administered by the Secretary of Interior:\n ``(A) The approximately 4.03 miles of the Amargosa \n River from the northern boundary of section 7 T21N R7E \n to 100 feet upstream of the Tecopa Hot Springs road \n crossing, as a scenic river.\n ``(B) The approximately 6.69 miles of the Amargosa \n River from 100 feet downstream of the Tecopa Hot \n Springs Road crossing to 100 feet upstream of the Old \n Spanish Trail Highway crossing near Tecopa, as a scenic \n river.\n ``(C) The approximately 7.82 miles of the Amargosa \n River from the northern boundary of section 16 T20N R7E \n to the boundary of the Kingston Range Wilderness \n excluding the Sperry Wash OHV corridor in section 10 \n T19N R7E, as a wild river.\n ``(D) The approximately 5.41 miles of the Amargosa \n River from the boundary of the Kingston Range \n Wilderness in section 10 T19N R7E to the southern \n boundary of section 31 T19N R7E, as a recreational \n river.''.\n\nSEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE \n NATIONAL FOREST.\n\n There is authorized to be appropriated $2,000,000 annually to the \nSecretary of Agriculture for management and enforcement of snowmobile \nuse in areas adjacent to the Hoover Wilderness Addition in the \nHumboldt-Toiyabe National Forest.","summary":"Eastern Sierra Rural Heritage and Economic Enhancement Act - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in the Humboldt-Toiyabe National Forest, which shall be deemed part of the Hoover Wilderness and Emigrant Wilderness. Authorizes appropriations for management and enforcement of snowmobile use on such lands. Amends the Wild and Scenic Rivers Act to designate specified segments of the the Amargosa River, California, as a component of the national wild and scenic rivers system.","title":"To maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and for other purposes.","text_len":10349,"sum_len":546} {"bill_id":"110_hr6992","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reclamation Title Transfer Act of \n2008''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Eligible facility.--The term ``eligible facility'' \n means a reclamation project or facility, or a portion of such a \n project or facility (which may include dams and appurtenant \n works, water rights, infrastructure, recreational facilities, \n buildings, distribution and drainage works, and associated \n lands or interests in lands or water) that meets the criteria \n for potential transfer established pursuant to section 5.\n (2) Qualifying entity.--The term ``qualifying entity'' \n means an agency of a State or local government or an Indian \n tribe, a municipal corporation, public agency, or other entity \n such as a water district, that--\n (A) held or holds a water service contract, \n repayment contract, water rights settlement contract or \n exchange contract providing for water service from the \n eligible facility to be transferred; and\n (B) as determined by the Secretary has the capacity \n to continue to manage the conveyed property for the \n same purposes that the property has been managed under \n reclamation law.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) Conveyed property.--The term ``conveyed property'' \n means an eligible facility that has been transferred out of \n Federal ownership under this Act.\n\nSEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM.\n\n (a) Title Transfer Program.--Not later than one year after the date \nof the enactment of this Act, the Secretary shall establish a program \nto--\n (1) identify and analyze the potential for public benefits \n from the transfer out of Federal ownership of eligible \n facilities, which may include an analysis of the financial, \n operational, water supply, and environmental characteristics of \n the properties proposed for transfer; and\n (2) facilitate transfer of title of eligible facilities out \n of Federal ownership to promote more efficient management of \n water and water-related facilities.\n (b) Authorization To Transfer Title to Eligible Facilities.--The \nSecretary, without further authorization from Congress, is authorized \nto convey all right, title, and interest in any eligible facility to a \nqualifying entity, provided that--\n (1) the Secretary shall retain any mineral interests \n associated with the conveyed property, but all mineral \n interests retained by the United States under this Act shall be \n managed consistent with Federal law in a manner so as not to \n interfere with the purposes for which the eligible facility was \n authorized;\n (2) interests in water shall be conveyed under this Act by \n a written Agreement between the Secretary and the qualifying \n entity; and\n (3) interests in eligible facilities shall be conveyed \n under this Act by a written Agreement between the Secretary and \n the qualifying entity, developed in consultation with the \n existing power customers of the eligible facility.\n\nSEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.\n\n Before conveying land and facilities under this Act, the Secretary \nshall complete all actions required under all applicable laws, \nincluding--\n (1) the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.);\n (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n seq.); and\n (3) the National Historic Preservation Act of 1966 (16 \n U.S.C. 470a et seq.).\n\nSEC. 5. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT.\n\n Not later than one year after the date of the enactment of this \nAct, the Secretary shall establish criteria for determining whether \nfacilities are eligible for title transfer under this Act. The criteria \nshall include the following minimum requirements:\n (1) A qualifying entity agrees to accept title to the \n property proposed for transfer.\n (2) The proposed title transfer will not have an \n unmitigated significant effect on the environment.\n (3) The qualifying entity intends to use the property for \n substantially the same purposes the property is being used for \n at the time the Secretary evaluates the potential transfer.\n (4) The transfer is consistent with the Secretary's \n responsibility to protect land and water resources held in \n trust for federally recognized Indian tribes.\n (5) The transfer is consistent with the Secretary's \n responsibility to ensure compliance with international treaties \n and interstate compacts.\n (6) The qualifying entity agrees to provide, as \n consideration for the assets to be conveyed, compensation to \n the United States worth the equivalent of the net present value \n of any repayment obligation to the United States or other \n income stream the United States derives from the assets to be \n transferred at the time of the transfer.\n (7) Interests in water shall only be eligible for \n conveyance under this Act--\n (A) in connection with a conveyance of title to \n associated land or infrastructure; and\n (B) when the qualifying entity already has a \n contractual right to delivery or other interest or use \n right in the water being considered for conveyance.\n (8) No conveyance under this Act may--\n (A) adversely impact power rates or repayment \n obligations; or\n (B) include a Federal facility that produces power \n that is sold to or eligible to be sold to power \n customers pursuant to section 9(c) of the Reclamation \n Project Act of 1939 (43 U.S.C. 485h(c)).\n\nSEC. 6. LIABILITY.\n\n Effective upon the date of conveyance of any eligible facility \npursuant to this Act, the United States shall not be liable under any \nlaw for damages of any kind arising out of any act, omission, or \noccurrence based on its prior ownership or operation of the conveyed \nproperty.\n\nSEC. 7. BENEFITS.\n\n After a conveyance of title under this Act--\n (1) the conveyed property shall not be considered to be a \n part of a Federal reclamation project; and\n (2) the entity to which the property is conveyed shall not \n be eligible to receive any benefits, including project power, \n with respect to the conveyed property, except benefits that \n would be available to a similarly situated entity with respect \n to property that is not part of a Federal reclamation project.\n\nSEC. 8. COMPLIANCE WITH OTHER LAWS.\n\n (a) In General.--After a conveyance of title under this Act, the \nentity to which the property is conveyed shall comply with all \napplicable Federal, State, and local laws and regulations in its \noperation of the conveyed property.\n (b) Applicable Authority.--In accordance with section 213(a) and \n(b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the \nownership and full-cost pricing limitations of Federal reclamation law \n(the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts \nsupplementary thereto and amendatory thereof) shall not apply to water \nin which an interest is conveyed to a qualifying entity under this Act, \nexcept that all provisions of Federal reclamation law shall be \napplicable to project water provided to the entity from facilities that \nare part of a Federal reclamation project.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act. These funds may be used to carry out \nthe investigations authorized under this Act, and for other costs \nassociated with title transfer under this Act, including an appropriate \nFederal share of the costs of compliance with the National \nEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other \napplicable Federal law. Expenditures made by the Secretary under this \nAct shall not be a project cost assignable to any Federal reclamation \nproject and shall be nonreimbursable.\n\nSEC. 10. REPORT.\n\n Not later than two years after the date that funds are made \navailable for this Act, the Secretary shall submit a report to the \nNatural Resources Committee of the House of Representatives and the \nEnergy and Natural Resources Committee of the Senate. The report \nshall--\n (1) describe actions taken to implement this Act;\n (2) list conveyances made under this Act;\n (3) state the amount of Federal funds obligated or expended \n to carry out this Act; and\n (4) describe factors that limit conveyances under in this \n Act.\n\nSEC. 11. RECLAMATION LAW.\n\n This Act shall amend and supplement the Act of June 17, 1902 (32 \nStat. 388, chapter 1093), and Acts supplementary thereto and amendatory \nthereof (43 U.S.C. 371 et seq.).","summary":"Reclamation Title Transfer Act of 2008 - Directs the Secretary of the Interior to establish a program to: (1) identify and analyze the potential for public benefits from the transfer out of federal ownership of eligible reclamation projects or facilities. And (2) facilitate such transfer to promote more efficient management of water and water-related facilities. Authorizes the Secretary to convey title in any such facility to a qualifying entity , provided that: (1) the Secretary retains any associated mineral interests, (2) water interests are conveyed by written agreement. And (3) interests in eligible facilities are conveyed by an agreement developed in consultation with the facility's existing power customers. Requires the Secretary to: (1) complete all actions required under all applicable laws before conveying land and facilities. And (2) establish criteria for determining whether facilities are eligible for title transfer, including requirements that a qualifying entity agrees to accept title to the property and that the proposed title transfer will not have an unmitigated significant effect on the environment. Shields the United States from liability for any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. Requires a recipient entity to comply with all applicable laws and regulations in its operation of conveyed property.","title":"To authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes.","text_len":9443,"sum_len":1399} {"bill_id":"105_hr3858","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Protection and Infrastructure \nAct of 1998''.\n\nSEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED \n STATES BORDER.\n\n (a) In General.--Chapter 27 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 554. Violence while eluding inspection or during violation of \n arrival, reporting, entry, or clearance requirements\n ``(a) Whoever attempts to commit or commits a crime of violence \nduring and in relation to--\n ``(1) attempting to elude or eluding customs, immigration, \n or agriculture inspection or failing to stop at the command of \n an officer of customs, immigration, or animal and plant and \n health inspection services; or\n ``(2) an intentional violation of arrival, reporting, \n entry, or clearance requirements, as set forth in a provision \n of law listed in subsection (c);\nshall be fined under this title or imprisoned for not more than 5 \nyears, or both, except that if bodily injury (as defined in section \n1365(g) of this title) results, the maximum term of imprisonment is 10 \nyears, and if death results, the offender may be imprisoned for any \nterm of years or for life, and may be sentenced to death.\n ``(b) If 2 or more persons conspire to commit an offense under \nsubsection (a), and 1 or more of such persons do any act to effect the \nobject of the conspiracy, each shall be punishable as a principal, \nexcept that the sentence of death may not be imposed.\n ``(c) The provisions of law referred to in subsection (a) are--\n ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C. \n 150ff);\n ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7 \n U.S.C. 2806);\n ``(3) section 431, 433, 434, or 459 of the Tariff Act of \n 1930 (19 U.S.C. 1431, 1433, 1434, 1459);\n ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C. \n 105; Chapter 839, 26 Stat. 416);\n ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C. \n 111; Chapter 349, 32 Stat. 791);\n ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the \n Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, \n 1225, 1226, 1227, 1228); or\n ``(7) section 4197 of the Revised Statutes of the United \n States (46 U.S.C. App. 91), section 111 of title 21, United \n States Code.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 27 of title 18, United States Code, is amended by inserting at \nthe end the following new item:\n\n``554. Violence while eluding inspection or during violation of \n arrival, reporting, entry, or clearance \n requirements.''.\n\nSEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.\n\n Section 542 of title 18, United States Code, is amended by striking \n``two years'' and inserting ``5 years''.\n\nSEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, OBSTRUCTING A LAWFUL \n BOARDING, AND PROVIDING FALSE INFORMATION.\n\n (a) In General.--Chapter 109 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 2237. Sanctions for failure to heave to; sanctions for \n obstruction of boarding and providing false information\n ``(a)(1) It shall be unlawful for the master, operator, or person \nin charge of a vessel of the United States or a vessel subject to the \njurisdiction of the United States, to fail to obey an order to heave to \nthat vessel on being ordered to do so by an authorized Federal law \nenforcement officer.\n ``(2) It shall be unlawful for any person on board a vessel of the \nUnited States or a vessel subject to the jurisdiction of the United \nStates knowingly or willfully to--\n ``(A) fail to comply with an order of an authorized Federal \n law enforcement officer in connection with the boarding of the \n vessel;\n ``(B) impede or obstruct a boarding or arrest, or other law \n enforcement action authorized by any Federal law; or\n ``(C) provide false information to a Federal law \n enforcement officer during a boarding of a vessel regarding the \n vessel's destination, origin, ownership, registration, \n nationality, cargo, or crew.\n ``(3)(A) It shall be unlawful for the pilot, operator, or person in \ncharge of an aircraft which has crossed the border of the United \nStates, or an aircraft subject to the jurisdiction of the United States \noperating outside the United States, to knowingly fail to obey an order \nto land by an authorized Federal law enforcement officer who is \nenforcing the laws of the United States relating to controlled \nsubstances, as that term is defined in section 102(6) of the Controlled \nSubstances Act (21 U.S.C. 802(6)), or relating to money laundering \n(sections 1956-57 of this title).\n ``(B) The Administrator of the Federal Aviation Administration, in \nconsultation with the Commissioner of Customs and the Attorney General, \nshall prescribe regulations governing the means by, and circumstances \nunder which a Federal law enforcement officer may communicate an order \nto land to a pilot, operator, or person in charge of an aircraft. Such \nregulations shall ensure that any such order is clearly communicated in \naccordance with applicable international standards. Further, such \nregulations shall establish guidelines based on observed conduct, prior \ninformation, or other circumstances for determining when an officer may \nuse the authority granted under subparagraph (A).\n ``(b) This section does not limit in any way the preexisting \nauthority of a customs officer under section 581 of the Tariff Act of \n1930 or any other provision of law enforced or administered by the \nCustoms Service, or the preexisting authority of any Federal law \nenforcement officer under any law of the United States to order an \naircraft to land or a vessel to heave to.\n ``(c) A foreign nation may consent or waive objection to the \nenforcement of United States law by the United States under this \nsection by international agreement or, on a case-by-case basis, by \nradio, telephone, or similar oral or electronic means. Consent or \nwaiver may be proven by certification of the Secretary of State or the \nSecretary's designee.\n ``(d) For purposes of this section--\n ``(1) the terms `vessel of the United States' and `vessel \n subject to the jurisdiction of the United States' have the \n meanings set forth for these terms, respectively, in the \n Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903);\n ``(2) the term `heave to' means to cause a vessel to slow \n or come to a stop to facilitate a law enforcement boarding by \n adjusting the course and speed of the vessel to account for the \n weather conditions and sea state;\n ``(3) an aircraft `subject to the jurisdiction of the \n United States' includes--\n ``(A) an aircraft located over the United States or \n the customs waters of the United States;\n ``(B) an aircraft located in the airspace of a \n foreign nation, where that nation consents to the \n enforcement of United States law by the United States; \n and\n ``(C) over the high seas, an aircraft without \n nationality, an aircraft of United States registry, or \n an aircraft registered in a foreign nation that has \n consented or waived objection to the enforcement of \n United States law by the United States;\n ``(4) an aircraft `without nationality' includes--\n ``(A) an aircraft aboard which the pilot, operator, \n or person in charge makes a claim of registry, which \n claim is denied by the nation whose registry is \n claimed; and\n ``(B) an aircraft aboard which the pilot, operator, \n or person in charge fails, upon request of an officer \n of the United States empowered to enforce applicable \n provisions of United States law, to make a claim of \n registry for that aircraft; and\n ``(5) the term `Federal law enforcement officer' has the \n meaning set forth in section 115 of this title.\n ``(e) Whoever intentionally violates this section shall be fined \nunder this title or imprisoned for not more than 5 years, or both.\n ``(f) An aircraft or vessel that is used in violation of this \nsection may be seized and forfeited to the United States. The laws \nrelating to the seizure, summary and judicial forfeiture, and \ncondemnation of property for violation of the customs laws, the \ndisposition of such property or the proceeds from the sale thereof, the \nremission or mitigation of such forfeitures, and the compromise of \nclaims, shall apply to seizures and forfeitures undertaken, or alleged \nto have been undertaken, under any of the provisions of this section; \nexcept that such duties as are imposed upon the customs officer or any \nother person with respect to the seizure and forfeiture of property \nunder the customs laws shall be performed with respect to seizures and \nforfeitures of property under this section by such officers, agents, or \nother persons as may be authorized or designated for that purpose. An \naircraft or vessel that is used in violation of this section is also \nliable in rem for any fine imposed under this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 109 of title 18, United States Code, is amended by adding at \nthe end the following new item:\n\n``2237. Sanctions for failure to heave to; sanctions for obstruction of \n boarding or providing false information.''.\n\nSEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.\n\n (a) In General.--Chapter 17 of title 14, United States Code, is \namended by adding at the end the following new section:\n``Sec. 676. Civil penalty for failure to comply with vessel boarding\n ``(a) Any person that engages in conduct that violates section \n2237(a) (1) or (2) of title 18, United States Code, shall be liable to \nthe United States Government--\n ``(1) for a civil penalty of not more than $25,000, in the \n case of an intentional violation; or\n ``(2) for a civil penalty of not more than $15,000, in the \n case of any other violation.\n ``(b) A vessel used to engage in conduct for which a penalty is \nimposed under subsection (a) is liable in rem for that penalty and may \nbe seized, forfeited, and sold in accordance with customs laws.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of title 14, United States Code, is amended by adding at the \nend the following new item:\n\n``676. Civil penalty for failure to comply with vessel boarding.''.\n\nSEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS.\n\n Section 101(a) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is \namended to read as follows:\n ``(a) Increased Number of Border Patrol Agents.--The Attorney \nGeneral shall increase the number of positions for full-time, active-\nduty border patrol agents within the Immigration and Naturalization \nService to achieve a level of 20,000 positions by fiscal year 2003.''.\n\nSEC. 7. BORDER PATROL PURSUIT POLICY.\n\n Within ten miles of the international border of the United States, \na border patrol agent of the United States Border Patrol may not cease \npursuit of an alien who the agent suspects has unlawfully entered the \nUnited States, or an individual who the agent suspects has unlawfully \nimported a narcotic into the United States, until State or local law \nenforcement authorities are in pursuit of the alien or individual and \nhave the alien or individual in their visual range.\n\nSEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE IMPORTATION OF \n NARCOTICS.\n\n The United States Border Patrol within the Department of Justice \nshall have as one of it functions the prevention of unlawful \nimportation of narcotics into the United States and confiscation of \nsuch narcotics.\n\nSEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO DETER DRUG TRAFFICKING.\n\n (a) In General.--(1) The Attorney General, in consultation with the \nCommissioner of Immigration and Naturalization, may take such actions \nas necessary (including the removal of obstacles to the detection of \nillegal entrants into the United States) to install multilayered \nbarriers and roads in the vicinity of the United States border for the \npurpose of deterring drug trafficking in areas of high drug trafficking \ninto the United States. In determining the locations for such \nmultilayered barriers and roads, the Attorney General shall consider, \nbut not limit consideration to, the following sites:\n (A) The San Diego-Tijuana corridor.\n (B) The Calexico-Mexicali corridor.\n (C) The Yuma-San Luis corridor.\n (D) The Douglas-Nogales corridor.\n (E) The El Paso-Juarez corridor.\n (F) The Presidio-Ojinaga corridor.\n (G) The Del Rio-Acuna corridor.\n (H) The Eagle Pass-Piedras Negras corridor.\n (I) The Laredo-Nueva Laredo corridor.\n (J) The Rio Grand City-Roma corridor.\n (K) The McAllen corridor.\n (L) The Brownsville-Matamoras corridor.\n (2) The Attorney General, acting under the authority contained in \nsection 103(b) of the Immigration and Nationality Act, shall promptly \nacquire such easements as may be necessary to carry out this section \nand shall commence construction of multilayered barriers and roads \nimmediately following such acquisition (or conclusion of portions \nthereof).\n (3) The Attorney General, while constructing multilayered barriers \nand roads under this section, shall incorporate such safety features \ninto the design of the multilayered barriers and roads as are necessary \nto ensure the well being of border patrol agents deployed within, or in \nnear proximity to, the system.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section. \nAmounts appropriated pursuant to this subsection shall remain available \nuntil expended.","summary":"Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services. Or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements . Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. Increases the penalty for entry of goods by means of false statements. Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel. (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law. Or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the US border, or an aircraft subject to US jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing US laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of US law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. Establishes civil penalties for failure to comply with vessel boarding. Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. Prohibits a US Border Patrol agent, within ten miles of the US international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. Authorizes: (1) the Border Patrol to interdict the importation of narcotics. And (2) the Attorney General to install multi-layered barriers and roads in the US border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations.","title":"Border Protection and Infrastructure Act of 1998","text_len":14659,"sum_len":3311} {"bill_id":"114_hr3766","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Foreign Aid Transparency and \nAccountability Act of 2016''.\nSEC. 2. DEFINITIONS.\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Relations of the Senate;\n (B) the Committee on Appropriations of the Senate;\n (C) the Committee on Foreign Affairs of the House of \n Representatives; and\n (D) the Committee on Appropriations of the House of \n Representatives.\n (2) Evaluation.--The term ``evaluation'' means, with respect to \n a covered United States foreign assistance program, the systematic \n collection and analysis of information about the characteristics \n and outcomes of the program, including projects conducted under \n such program, as a basis for--\n (A) making judgments and evaluations regarding the program;\n (B) improving program effectiveness; and\n (C) informing decisions about current and future \n programming.\n (3) Covered united states foreign assistance.--The term \n ``covered United States foreign assistance'' means assistance \n authorized under--\n (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. \n 2151 et seq.), except for--\n (i) title IV of chapter 2 of such part (relating to the \n Overseas Private Investment Corporation); and\n (ii) chapter 3 of such part (relating to International \n Organizations and Programs);\n (B) chapter 4 of part II of the Foreign Assistance Act of \n 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support \n Fund);\n (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et \n seq.); and\n (D) the Food for Peace Act (7 U.S.C. 1721 et seq.).\nSEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE \nPROGRAMS.\n (a) Purposes.--The purposes of this section are to--\n (1) evaluate the performance of covered United States foreign \n assistance and its contribution to the policies, strategies, \n projects, program goals, and priorities undertaken by the Federal \n Government;\n (2) support and promote innovative programs to improve \n effectiveness; and\n (3) coordinate the monitoring and evaluation processes of \n Federal departments and agencies that administer covered United \n States foreign assistance.\n (b) Establishment of Guidelines.--Not later than 18 months after \nthe date of the enactment of this Act, the President shall set forth \nguidelines, according to best practices of monitoring and evaluation \nstudies and analyses, for the establishment of measurable goals, \nperformance metrics, and monitoring and evaluation plans that can be \napplied with reasonable consistency to covered United States foreign \nassistance.\n (c) Objectives of Guidelines.--\n (1) In general.--The guidelines established pursuant to \n subsection (b) shall provide direction to Federal departments and \n agencies that administer covered United States foreign assistance \n on--\n (A) monitoring the use of resources;\n (B) evaluating the outcomes and impacts of covered United \n States foreign assistance projects and programs; and\n (C) applying the findings and conclusions of such \n evaluations to proposed project and program design.\n (2) Objectives.--The guidelines established pursuant to \n subsection (b) shall provide direction to Federal departments and \n agencies that administer covered United States foreign assistance \n on how to--\n (A) establish annual monitoring and evaluation objectives \n and timetables to plan and manage the process of monitoring, \n evaluating, analyzing progress, and applying learning toward \n achieving results;\n (B) develop specific project monitoring and evaluation \n plans, including measurable goals and performance metrics, and \n to identify the resources necessary to conduct such \n evaluations, which should be covered by program costs;\n (C) apply rigorous monitoring and evaluation methodologies \n to such programs, including through the use of impact \n evaluations, ex-post evaluations, or other methods, as \n appropriate, that clearly define program logic, inputs, \n outputs, intermediate outcomes, and end outcomes;\n (D) disseminate guidelines for the development and \n implementation of monitoring and evaluation programs to all \n personnel, especially in the field, who are responsible for the \n design, implementation, and management of covered United States \n foreign assistance programs;\n (E) establish methodologies for the collection of data, \n including baseline data to serve as a reference point against \n which progress can be measured;\n (F) evaluate, at least once in their lifetime, all programs \n whose dollar value equals or exceeds the median program size \n for the relevant office or bureau or an equivalent calculation \n to ensure the majority of program resources are evaluated;\n (G) conduct impact evaluations on all pilot programs before \n replicating, or conduct performance evaluations and provide a \n justification for not conducting an impact evaluation when such \n an evaluation is deemed inappropriate or impracticable;\n (H) develop a clearinghouse capacity for the collection, \n dissemination, and preservation of knowledge and lessons \n learned to guide future programs for United States foreign \n assistance personnel, implementing partners, the donor \n community, and aid recipient governments;\n (I) internally distribute evaluation reports;\n (J) publicly report each evaluation, including an executive \n summary, a description of the evaluation methodology, key \n findings, appropriate context, including quantitative and \n qualitative data when available, and recommendations made in \n the evaluation within 90 days after the completion of the \n evaluation;\n (K) undertake collaborative partnerships and coordinate \n efforts with the academic community, implementing partners, and \n national and international institutions, as appropriate, that \n have expertise in program monitoring, evaluation, and analysis \n when such partnerships provide needed expertise or \n significantly improve the evaluation and analysis;\n (L) ensure verifiable, reliable, and timely data, including \n from local beneficiaries and stakeholders, are available to \n monitoring and evaluation personnel to permit the objective \n evaluation of the effectiveness of covered United States \n foreign assistance programs, including an assessment of \n assumptions and limitations in such evaluations; and\n (M) ensure that standards of professional evaluation \n organizations for monitoring and evaluation efforts are \n employed, including ensuring the integrity and independence of \n evaluations, permitting and encouraging the exercise of \n professional judgment, and providing for quality control and \n assurance in the monitoring and evaluation process.\n (d) President's Report.--Not later than 18 months after the date of \nthe enactment of this Act, the President shall submit a report to the \nappropriate congressional committees that contains a detailed \ndescription of the guidelines established pursuant to subsection (b). \nThe report shall be submitted in unclassified form, but it may contain \na classified annex.\n (e) Comptroller General's Report.--The Comptroller General of the \nUnited States shall, not later than 18 months after the report required \nby subsection (d) is submitted to Congress, submit to the appropriate \ncongressional committees a report that--\n (1) analyzes the guidelines established pursuant to subsection \n (b); and\n (2) assesses the implementation of the guidelines by the \n agencies, bureaus, and offices that implement covered United States \n foreign assistance as outlined in the President's budget request.\nSEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE \nPROGRAMS.\n (a) Publication of Information.--\n (1) Update of existing website.--Not later than 90 days after \n the date of the enactment of this Act, the Secretary of State shall \n update the Department of State's website, \n ``ForeignAssistance.gov'', to make publicly available \n comprehensive, timely, and comparable information on covered United \n States foreign assistance programs, including all information \n required under subsection (b) that is available to the Secretary of \n State.\n (2) Information sharing.--Not later than 2 years after the date \n of the enactment of this Act, and quarterly thereafter, the head of \n each Federal department or agency that administers covered United \n States foreign assistance shall provide the Secretary of State with \n comprehensive information about the covered United States foreign \n assistance programs carried out by such department or agency.\n (3) Updates to website.--Not later than 2 years after the date \n of the enactment of this Act, and quarterly thereafter, the \n Secretary of State shall publish, on the ``ForeignAssistance.gov'' \n website or through a successor online publication, the information \n provided under subsection (b).\n (b) Matters To Be Included.--\n (1) In general.--The information described in subsection (a)--\n (A) shall be published for each country on a detailed \n basis, such as award-by-award; or\n (B) if assistance is provided on a regional level, shall be \n published for each such region on a detailed basis, such as \n award-by-award.\n (2) Types of information.--\n (A) In general.--To ensure the transparency, \n accountability, and effectiveness of covered United States \n foreign assistance programs, the information described in \n subsection (a) shall include--\n (i) links to all regional, country, and sector \n assistance strategies, annual budget documents, \n congressional budget justifications, and evaluations in \n accordance with section 3(c)(2)(J);\n (ii) basic descriptive summaries for covered United \n States foreign assistance programs and awards under such \n programs; and\n (iii) obligations and expenditures.\n (B) Publication.--Each type of information described in \n subparagraph (A) shall be published or updated on the \n appropriate website not later than 90 days after the date on \n which the information is issued.\n (C) Rule of construction.--Nothing in this paragraph may be \n construed to require a Federal department or agency that \n administers covered United States foreign assistance to provide \n any information that does not relate to, or is not otherwise \n required by, the covered United States foreign assistance \n programs carried out by such department or agency.\n (3) Report in lieu of inclusion.--\n (A) Health or security of implementing partners.--If the \n head of a Federal department or agency, in consultation with \n the Secretary of State, makes a determination that the \n inclusion of a required item of information online would \n jeopardize the health or security of an implementing partner or \n program beneficiary or would require the release of proprietary \n information of an implementing partner or program beneficiary, \n the head of the Federal department or agency shall provide such \n determination in writing to the appropriate congressional \n committees, including the basis for such determination.\n (B) National interests of the united states.--If the \n Secretary of State makes a determination that the inclusion of \n a required item of information online would be detrimental to \n the national interests of the United States, the Secretary of \n State shall provide such determination, including the basis for \n such determination, in writing to the appropriate congressional \n committees.\n (C) Form.--Information provided under this paragraph may be \n provided in classified form, as appropriate.\n (4) Failure to comply.--If a Federal department or agency fails \n to comply with the requirements under paragraph (1), (2), or (3) of \n subsection (a), or subsection (c), with respect to providing \n information described in subsection (a), and the information is not \n subject to a determination under subparagraph (A) or (B) of \n paragraph (3) not to make the information publicly available, the \n Director of the Office of Management and Budget, in consultation \n with the head of such department or agency, not later than one year \n after the date of the enactment of this Act, shall submit a \n consolidated report to the appropriate congressional committees \n that includes, with respect to each required item of information \n not made publicly available--\n (A) a detailed explanation of the reason for not making \n such information publicly available; and\n (B) a description of the department's or agency's plan and \n timeline for--\n (i) making such information publicly available; and\n (ii) ensuring that such information is made publicly \n available in subsequent years.\n (c) Scope of Information.--The online publication required under \nsubsection (a) shall, at a minimum--\n (1) in each of the fiscal years 2016 through 2019, provide the \n information required under subsection (b) for fiscal years 2015 \n through the current fiscal year; and\n (2) for fiscal year 2020 and each fiscal year thereafter, \n provide the information required under subsection (b) for the \n immediately preceding 5 fiscal years in a fully searchable form.\n (d) Sense of Congress.--It is the sense of Congress that the \nSecretary of State and the Administrator of the United States Agency \nfor International Development should coordinate the consolidation of \nprocesses and data collection and presentation for the Department of \nState's website, ``ForeignAssistance.gov'', and the United States \nAgency for International Development's website, ``Explorer.USAID.gov'', \nto the extent that is possible to maximize efficiencies, no later than \nthe end of fiscal year 2018.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on July 5, 2016. Foreign Aid Transparency and Accountability Act of 2016 This bill defines quot, covered US foreign assistancequot. As assistance authorized under: part I of the Foreign Assistance Act of 1961 , except for title IV of chapter 2 , and chapter 3, chapter 4 of part II of such Act, the Millennium Challenge Act of 2003. And the Food for Peace Act. The President shall within 18 months prescribe guidelines for establishment of goals, performance metrics, and monitoring and evaluation plans for covered US foreign assistance. The guidelines shall direct federal departments and agencies that administer such assistance on how to: establish annual monitoring and evaluation agendas and objectives, develop specific project monitoring and evaluation plans. Apply monitoring and evaluation methodologies to covered US foreign assistance programs. Disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel responsible for program design, implementation, and management of covered US foreign assistance programs, establish data collection methodologies. Evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau. Develop a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks for future programs, distribute evaluation reports internally, publicly report evaluations and related recommendations. Undertake collaborative partnerships and coordinate efforts with academic, national and international institutions. Make verifiable and timely data available to monitoring and evaluation personnel. And ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed. The President shall within 18 months give Congress a detailed description of these guidelines. The Government Accountability Office shall analyze the guidelines and assess their implementation by the appropriate agencies, bureaus, and offices. The Department of State shall within 90 days update its Internet website, ForeignAssistance. gov, to make publicly available comprehensive and accessible information on covered US foreign assistance programs. The head of each federal department or agency that administers such assistance shall give the State Department comprehensive program information each quarter. Assistance program information shall be published: (1) on an award-by-award and country-by-country basis, or (2) on an award-by-award and region-by-region basis if provided on a regional level. Such information shall include: (1) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations. (2) basic descriptive summaries for foreign development and economic assistance programs and awards under such programs. And (3) obligations and expenditures. If a federal department or agency determines that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary, or would require the release of proprietary information, it shall give Congress that determination in writing. If the State Department determines that online inclusion of a required item of information would be detrimental to US national interests, it shall also give Congress that determination in writing. The bill expresses the sense of Congress that the State Department and the US Agency for International Development (USAID) should, by the end of FY2018, coordinate data collection consolidation for the State Department's website, ForeignAssistance. gov, and USAID's website, Explorer. USAID. gov.","title":"Foreign Aid Transparency and Accountability Act of 2016","text_len":15312,"sum_len":3852} {"bill_id":"114_hr4409","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Made in America Act of 2016''.\n\nSEC. 2. AMERICA STAR LABELS.\n\n (a) Establishment.--Not later than 2 years after the date of the \nenactment of this Act, the Commission shall promulgate regulations in \naccordance with section 553 of title 5, United States Code, to \nestablish labels that a person may use as a voluntary means of \nindicating to consumers the extent to which products that such person \nintroduces, delivers for introduction, sells, advertises, or offers for \nsale in commerce are of United States origin. Such labels shall be \nknown as America Star labels.\n (b) Requirements for Labels.--\n (1) In general.--The regulations required by subsection (a) \n shall establish 4 America Star labels, as follows:\n (A) A label that may be used for a product that \n satisfies the standard for an unqualified United States \n origin claim set forth by the Commission in the \n Enforcement Policy Statement.\n (B) A label that may be used for a product for \n which not less than 90 percent of the total cost of \n manufacturing the product is attributable to United \n States costs, as determined under the Enforcement \n Policy Statement.\n (C) A label that may be used for a product for \n which not less than 80 percent of the total cost of \n manufacturing the product is attributable to United \n States costs, as determined under the Enforcement \n Policy Statement.\n (D) A label that may be used for a product for \n which not less than 70 percent of the total cost of \n manufacturing the product is attributable to United \n States costs, as determined under the Enforcement \n Policy Statement.\n (2) Goals.--The America Star labels shall be designed to \n achieve the following goals:\n (A) Providing clarity for consumers about the \n extent to which products are manufactured in the United \n States.\n (B) Encouraging manufacturers to manufacture more \n products in the United States.\n (C) Highlighting the importance of domestic \n manufacturing for the economy of the United States.\n (3) Appearance and content; additional standards and \n requirements.--The regulations required by subsection (a) shall \n establish the visual appearance and content of the America Star \n labels, any standards (in addition to the standards described \n in paragraph (1)) that a product shall meet in order for a \n particular America Star label to be used for such product, and \n requirements for the permissible use of the America Star \n labels, as the Commission considers appropriate to achieve the \n goals described in paragraph (2) and to ensure that the \n labels--\n (A) are consistent with public perceptions of the \n meaning of descriptions of the extent to which a \n product is of United States origin; and\n (B) are not used in a way that is unfair or \n deceptive, including, for a product that does not meet \n the standards for an America Star label, placing such \n label on such product, using such label in any \n marketing materials for such product, or in any other \n way representing that such product meets the standards \n of such label.\n (c) Use of Labels Voluntary.--The Commission may not require a \nperson who makes a qualified or unqualified claim that a product is of \nUnited States origin to use an America Star label to make such claim.\n (d) Rule of Construction.--Nothing in this Act shall be construed \nto affect the standards of the Commission in effect on the day before \nthe date of the enactment of this Act for a qualified or unqualified \nclaim that a product is of United States origin.\n (e) Consultation.--In promulgating the regulations required by \nsubsection (a), the Commission shall consult with--\n (1) the Commissioner of United States Customs and Border \n Protection in order to ensure consistency with the country of \n origin labeling requirements under section 304 of the Tariff \n Act of 1930 (19 U.S.C. 1304); and\n (2) the United States Trade Representative in order to \n ensure consistency with the obligations of the United States \n under international trade agreements.\n (f) Enforcement.--\n (1) Unfair or deceptive acts or practices.--A violation of \n a regulation promulgated under this section shall be treated as \n a violation of a regulation under section 18(a)(1)(B) of the \n Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding \n unfair or deceptive acts or practices.\n (2) Powers of commission.--The Commission shall enforce the \n regulations promulgated under this section in the same manner, \n by the same means, and with the same jurisdiction, powers, and \n duties as though all applicable terms and provisions of the \n Federal Trade Commission Act (15 U.S.C. 41 et seq.) were \n incorporated into and made a part of this Act. Any person who \n violates a regulation promulgated under this section shall be \n subject to the penalties and entitled to the privileges and \n immunities provided in the Federal Trade Commission Act.\n\nSEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS.\n\n (a) Requirements More Stringent Than FTC Standards.--Section 320933 \nof the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. \n45a) and any regulation promulgated by the Commission under such \nsection shall supercede any provision of law of a State or a political \nsubdivision of a State that imposes more stringent requirements \nrelating to the extent to which any person may introduce, deliver for \nintroduction, sell, advertise, or offer for sale in commerce a product \nwith a ``Made in the U.S.A.'' or ``Made in America'' label, or the \nequivalent thereof, in order to represent that such product is in whole \nor substantial part of domestic origin.\n (b) Requirements Limiting Ability To Use America Star Labels.--The \nregulations promulgated under section 2 shall supercede any provision \nof law of a State or a political subdivision of a State relating to the \nextent to which any person introduces, delivers for introduction, \nsells, advertises, or offers for sale in commerce a product with a \n``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent \nthereof, in order to represent that such product is in whole or \nsubstantial part of domestic origin, to the extent that such provision \nwould have the effect of limiting the ability of a person to use an \nAmerica Star label with respect to a product in accordance with such \nregulations.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (2) Enforcement policy statement.--The term ``Enforcement \n Policy Statement'' means the Enforcement Policy Statement on \n U.S. Origin Claims issued by the Commission in December 1998, \n or any successor guidance or regulation.\n (3) State.--The term ``State'' means each of the several \n States, the District of Columbia, each commonwealth, territory, \n or possession of the United States, and each federally \n recognized Indian tribe.","summary":"Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of US origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified US origin claim set forth by the FTC in the Enforcement Policy Statement on US Origin Claims. Or (2) for which not less than 90, 80, or 70 of the total cost of manufacturing is attributable to US costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of quot, Made in the USA. quot, or quot, Made in Americaquot. Labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws.","title":"Made in America Act of 2016","text_len":7867,"sum_len":1189} {"bill_id":"113_s1917","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Victims Protection Act of 2014''.\n\nSEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF \n CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY \n SECRETARIES OF MILITARY DEPARTMENTS.\n\n Section 1744 of the National Defense Authorization Act for Fiscal \nYear 2014 is amended--\n (1) in subsection (c)--\n (A) in the subsection heading, by inserting ``or \n Senior Trial Counsel'' after ``Staff Judge Advocate''; \n and\n (B) by inserting ``or the senior trial counsel \n detailed to the case'' after ``Military Justice),''; \n and\n (2) in subsection (d)--\n (A) in the subsection heading, by inserting ``or \n Senior Trial Counsel'' after ``Staff Judge Advocate''; \n and\n (B) by inserting ``or the senior trial counsel \n detailed to the case'' after ``Military Justice),''.\n\nSEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON \n SEXUAL ASSAULT PREVENTION AND RESPONSE.\n\n (a) Additional Duty of Special Victims' Counsel.--In addition to \nany duties authorized by section 1044e of title 10, United States Code \n(as added by section 1716 of the National Defense Authorization Act for \nFiscal Year 2014), a Special Victims' Counsel designated under \nsubsection (a) of such section 1044e shall provide advice to victims of \nsexual assault on the advantages and disadvantages of prosecution of \nthe offense concerned by court-martial or by a civilian court with \njurisdiction over the offense before such victims express their \npreference as to the prosecution of the offense under subsection (b).\n (b) Consultation With Victims Regarding Preference in Prosecution \nof Certain Sexual Offenses.--\n (1) In general.--The Secretaries of the military \n departments shall each establish a process to ensure \n consultation with the victim of a covered sexual offense that \n occurs in the United States with respect to the victim's \n preference as to whether the offense should be prosecuted by \n court-martial or by a civilian court with jurisdiction over the \n offense.\n (2) Weight afforded preference.--The preference expressed \n by a victim under paragraph (1) with respect to the prosecution \n of an offense, while not binding, should be afforded great \n weight in the determination whether to prosecute the offense by \n court-martial or by a civilian court.\n (3) Notice to victim of lack of civilian criminal \n prosecution after preference for such prosecution.--In the \n event a victim expresses a preference under paragraph (1) in \n favor of prosecution of an offence by civilian court and the \n civilian authorities determine to decline prosecution, or defer \n to prosecution by court-martial, the victim shall be promptly \n notified of that determination.\n (c) Performance Appraisals of Members of the Armed Forces.--\n (1) Appraisals of all members on compliance with sexual \n assault prevention and response programs.--The Secretaries of \n the military departments shall each ensure that the written \n performance appraisals of members of the Armed Forces (whether \n officers or enlisted members) under the jurisdiction of such \n Secretary include an assessment of the extent to which each \n such member supports the sexual assault prevention and response \n program of the Armed Force concerned.\n (2) Performance appraisals of commanding officers.--The \n Secretaries of the military departments shall each ensure that \n the performance appraisals of commanding officers under the \n jurisdiction of such Secretary indicate the extent to which \n each such commanding officer has or has not established a \n command climate in which--\n (A) allegations of sexual assault are properly \n managed and fairly evaluated; and\n (B) a victim can report criminal activity, \n including sexual assault, without fear of retaliation, \n including ostracism and group pressure from other \n members of the command.\n (d) Command Climate Assessments Following Incidents of Certain \nSexual Offenses.--\n (1) Assessments required.--The Secretaries of the military \n departments shall each establish a process whereby a command \n climate assessment is performed following an incident involving \n a covered sexual offense for each of the command of the accused \n and the command of the victim. If the accused and the victim \n are within the same command, only a single climate assessment \n is required. The process shall ensure the timely completion of \n command climate assessments for provision to military criminal \n investigation organizations and commanders pursuant to \n paragraph (2).\n (2) Provision to military criminal investigation \n organizations and commanders.--A command climate assessment \n performed pursuant to paragraph (1) shall be provided to the \n following:\n (A) The military criminal investigation \n organization conducting the investigation of the \n offense concerned.\n (B) The commander next higher in the chain of \n command of the command covered by the climate \n assessment.\n (e) Confidential Review of Characterization of Terms of Discharge \nof Victims of Sexual Offenses.--\n (1) In general.--The Secretaries of the military \n departments shall each establish a confidential process, \n through boards for the correction of military records of the \n military department concerned, by which an individual who was \n the victim of a covered sexual offense during service in the \n Armed Forces may challenge, on the basis of being the victim of \n such an offense, the terms or characterization of the \n individual's discharge or separation from the Armed Forces.\n (2) Consideration of individual experiences in connection \n with offenses.--In deciding whether to modify the terms or \n characterization of an individual's discharge or separation \n pursuant to the process required by paragraph (1), the \n Secretary of the military department concerned shall instruct \n boards to give due consideration to the psychological and \n physical aspects of the individual's experience in connection \n with the offense concerned, and to what bearing such experience \n may have had on the circumstances surrounding the individual's \n discharge or separation from the Armed Forces.\n (3) Preservation of confidentiality.--Documents considered \n and decisions rendered pursuant to the process required by \n paragraph (1) shall not be made available to the public, except \n with the consent of the individual concerned.\n (f) Covered Sexual Offense Defined.--In subsections (a) through \n(e), the term ``covered sexual offense'' means any of the following:\n (1) Rape or sexual assault under subsection (a) or (b) of \n section 920 of title 10, United States Code (article 120 of the \n Uniform Code of Military Justice).\n (2) Forcible sodomy under section 925 of title 10, United \n States Code (article 125 of the Uniform Code of Military \n Justice).\n (3) An attempt to commit an offense specified in paragraph \n (1) or (2) as punishable under section 880 of title 10, United \n States Code (article 80 of the Uniform Code of Military \n Justice).\n (g) Modification of Military Rules of Evidence Relating to \nAdmissibility of General Military Character Toward Probability of \nInnocence.--Not later than 180 days after the date of the enactment of \nthis Act, Rule 404(a) of the Military Rules of Evidence shall be \nmodified to clarify that the general military character of an accused \nis not admissible for the purpose of showing the probability of \ninnocence of the accused, except that evidence of a trait of the \nmilitary character of an accused may be offered in evidence by the \naccused when that trait is relevant to an element of an offense for \nwhich the accused has been charged.\n\nSEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND \n RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE \n ACADEMIES.\n\n (a) Military Service Academies.--The Secretary of the military \ndepartment concerned shall ensure that the provisions of title XVII of \nthe National Defense Authorization Act for Fiscal Year 2014 (as amended \nby this Act) and this Act apply to the United States Military Academy, \nthe Naval Academy, and the Air Force Academy, as applicable.\n (b) Coast Guard Academy.--The Secretary of Homeland Security shall \nensure that the provisions of title XVII of the National Defense \nAuthorization Act for Fiscal Year 2014 (as so amended) and this Act \napply to the Coast Guard Academy.\n\nSEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE \n DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND \n TO SEXUAL ASSAULT.\n\n (a) Strategic Framework on Collaboration Required.--Not later than \n270 days after the date of the enactment of this Act, the Secretary of \nDefense and the Attorney General shall jointly develop a strategic \nframework for ongoing collaboration between the Department of Defense \nand the Department of Justice in their efforts to prevent and respond \nto sexual assault. The framework shall be based on and include the \nfollowing:\n (1) An assessment of the role of the Department of Justice \n in investigations and prosecutions of sexual assault cases in \n which the Department of Defense and the Department of Justice \n have concurrent jurisdiction, with the assessment to include a \n review of and list of recommended revisions to relevant \n Memoranda of Understanding and related documents between the \n Department of Justice and the Department of Defense.\n (2) An assessment of the feasibility of establishing the \n position of advisor on military sexual assaults within the \n Department of Justice (using existing Department resources and \n personnel) to assist in the activities required under paragraph \n (1) and provide to the Department of Defense investigative and \n other assistance in sexual assault cases occurring on domestic \n and overseas military installations over which the Department \n of Defense has primary jurisdiction, with the assessment to \n address the feasibility of maintaining representatives or \n designees of the advisor at military installations for the \n purpose of reviewing cases of sexual assault and providing \n assistance with the investigation and prosecution of sexual \n assaults.\n (3) An assessment of the number of unsolved sexual assault \n cases that have occurred on military installations, and a plan, \n with appropriate benchmarks, to review those cases using \n currently available civilian and military law enforcement \n resources, such as new technology and forensics information.\n (4) A strategy to leverage efforts by the Department of \n Defense and the Department of Justice--\n (A) to improve the quality of investigations, \n prosecutions, specialized training, services to \n victims, awareness, and prevention regarding sexual \n assault; and\n (B) to address social conditions that relate to \n sexual assault.\n (5) Mechanisms to promote information sharing and best \n practices between the Department of Defense and the Department \n of Justice on prevention and response to sexual assault, \n including victim assistance through the Violence against Women \n Act and Office for Victims of Crime programs of the Department \n of Justice.\n (b) Report.--The Secretary of Defense and the Attorney General \nshall jointly submit to the appropriate committees of Congress a report \non the framework required by subsection (a). The report shall--\n (1) describe the manner in which the Department of Defense \n and Department of Justice will collaborate on an ongoing basis \n under the framework;\n (2) explain obstacles to implementing the framework; and\n (3) identify changes in laws necessary to achieve the \n purpose of this section.\n (c) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n (1) the Committee on Armed Services and the Committee on \n the Judiciary of the Senate; and\n (2) the Committee on Armed Services and the Committee on \n the Judiciary of the House of Representatives.\n\nSEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ \n ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW \n MEMBERS OF THE ARMED FORCES.\n\n Section 1741(d) of the National Defense Authorization Act for \nFiscal Year 2014 is amended by striking ``120 days'' and inserting ``60 \ndays''.\n\nSEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT \n ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.\n\n It is the sense of the Senate that--\n (1) the panel to review and assess the systems used to \n respond to sexual assault established by section 576 of the \n National Defense Authorization Act for Fiscal Year 2013 (Public \n Law 112-239; 126 Stat. 1758) is conducting an independent \n assessment of the systems used to investigate, prosecute, and \n adjudicate crimes involving adult sexual assault and related \n offenses;\n (2) the work of the panel will be critical in informing the \n efforts of Congress to combat rape, sexual assault, and other \n sex-related crimes in the Armed Forces;\n (3) the panel should include in its assessment under \n subsection (d)(1) of section 576 of the National Defense \n Authorization Act for Fiscal Year 2013 a review of the reforms \n that will be enacted pursuant to title XVII of the National \n Defense Authorization Act for Fiscal Year 2014 (as amended by \n this Act) and this Act; and\n (4) the views of the victim advocate community should \n continue to be well-represented on the panel,\n\n\n \n\n and input from victims should continue to play a central role \n in informing the work of the panel.\n\n Passed the Senate March 10, 2014.\n\n Attest:\n\n NANCY ERICKSON,\n\n Secretary.","summary":"Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 to revise the sexual assault prevention and response program activities of the Armed Forces. Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial . Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the US Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction. (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations. (3) an assessment of the number of unsolved sexual assault cases. (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault. And (5) mechanisms to promote information sharing and best practices between DOD and DOJ. Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses. (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces. (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014. And (4) the views of the victim advocate community should continue to be well-represented on the panel.","title":"Victims Protection Act of 2014","text_len":15461,"sum_len":4811} {"bill_id":"110_hr4544","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Code Talkers Recognition Act of \n2008''.\nSEC. 2. PURPOSE.\n The purpose of this Act is to require the issuance of medals to \nexpress the sense of the Congress that--\n (1) the service of Native American code talkers to the United \n States deserves immediate recognition for dedication and valor; and\n (2) honoring Native American code talkers is long overdue.\nSEC. 3. FINDINGS.\n The Congress finds the following:\n (1) When the United States entered World War I, Native \n Americans were not accorded the status of citizens of the United \n States.\n (2) Without regard to that lack of citizenship, members of \n Indian tribes and nations enlisted in the Armed Forces to fight on \n behalf of the United States.\n (3) The first reported use of Native American code talkers was \n on October 17, 1918.\n (4) Because the language used by the Choctaw code talkers in \n the transmission of information was not based on a European \n language or on a mathematical progression, the Germans were unable \n to understand any of the transmissions.\n (5) This use of Native American code talkers was the first time \n in modern warfare that such a transmission of messages in a native \n language was used for the purpose of confusing an enemy.\n (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, \n and the Congress declared war the following day.\n (7) The Federal Government called on the Comanche Nation to \n support the military effort during World War II by recruiting and \n enlisting Comanche men to serve in the Army to develop a secret \n code based on the Comanche language.\n (8) The United States Army recruited approximately 50 Native \n Americans for special native language communication assignments.\n (9) The United States Marine Corps recruited several hundred \n Navajos for duty in the Pacific region.\n (10) During World War II, the United States employed Native \n American code talkers who developed secret means of communication \n based on native languages and were critical to winning the war.\n (11) To the frustration of the enemies of the United States, \n the code developed by the Native American code talkers proved to be \n unbreakable and was used extensively throughout the European \n theater.\n (12) In 2001, the Congress and President Bush honored Navajo \n code talkers with congressional gold medals for the contributions \n of the code talkers to the United States Armed Forces as radio \n operators during World War II.\n (13) The heroic and dramatic contributions of Native American \n code talkers were instrumental in driving back Axis forces across \n the Pacific during World War II.\n (14) The Congress should provide to all Native American code \n talkers the recognition the code talkers deserve for the \n contributions of the code talkers to United States victories in \n World War I and World War II.\nSEC. 4. DEFINITIONS.\n In this Act, the following definitions shall apply:\n (1) Code talker.--The term ``code talker'' means a Native \n American who--\n (A) served in the Armed Forces during a foreign conflict in \n which the United States was involved; and\n (B) transmitted (encoded and translated) secret coded \n messages for tactical military operations during World War I \n and World War II using their native tribal language (non-\n spontaneous communications)\n (2) Secretary.--The term ``Secretary'' means the Secretary of \n the Treasury.\nSEC. 5. CONGRESSIONAL GOLD MEDALS.\n (a) Award Authorization.--The Speaker of the House of \nRepresentatives and the President pro tempore of the Senate shall make \nappropriate arrangements for the award, on behalf of the Congress, of \ngold medals of appropriate design in recognition of the service of \nNative American code talkers during World War I and World War II.\n (b) Identification of Recipients.--The Secretary, in consultation \nwith the Secretary of Defense and the tribes, shall--\n (1) determine the identity, to the maximum extent practicable, \n of each Native American tribe that had a member of that tribe serve \n as a Native American code talker, with the exception of the Navajo \n Nation;\n (2) include the name of each Native American tribe identified \n under subparagraph (A) on a list; and\n (3) provide the list, and any updates to the list, to the \n Smithsonian Institution for maintenance under section 5(c)(2).\n (c) Design and Striking of Medals.--\n (1) In general.--The Secretary shall strike the gold medals \n awarded under subsection (a) with appropriate emblems, devices, and \n inscriptions, as determined by the Secretary.\n (2) Designs of medals emblematic of tribal affiliation and \n participation.--The design of a gold medal under paragraph (1) \n shall be emblematic of the participation of the code talkers of \n each recognized tribe.\n (3) Treatment.--Each medal struck pursuant to this subsection \n shall be considered to be a national medal for purposes of chapter \n 51 of title 31, United States Code.\n (d) Action by Smithsonian Institution.--The Smithsonian \nInstitution--\n (1) shall accept and maintain such gold medals, and such silver \n duplicates of those medals, as recognized tribes elect to send to \n the Smithsonian Institution;\n (2) shall maintain the list developed under section 6(1) of the \n names of Native American code talkers of each recognized tribe; and\n (3) is encouraged to create a standing exhibit for Native \n American code talkers or Native American veterans.\nSEC. 6. NATIVE AMERICAN CODE TALKERS.\n The Secretary, in consultation with the Secretary of Defense and \nthe tribes, shall--\n (1) with respect to tribes recognized as of the date of the \n enactment of this Act --\n (A) determine the identity, to the maximum extent \n practicable, of each Native American code talker of each \n recognized tribe with the exception of the Navajo Nation;\n (B) include the name of each Native American code talker \n identified under subparagraph (A) on a list, to be organized by \n recognized tribe; and\n (C) provide the list, and any updates to the list, to the \n Smithsonian Institution for maintenance under section 5(d)(2);\n (2) in the future, determine whether any Indian tribe that is \n not a recognized as of the date of the enactment of this Act, \n should be eligible to receive a gold medal under this Act; and\n (3) with consultation from the tribes listed in following \n subsection, examine the following specific tribes to determine the \n existence of Code Talkers:\n (A) Assiniboine.\n (B) Chippewa and Oneida.\n (C) Choctaw.\n (D) Comanche.\n (E) Cree.\n (F) Crow.\n (G) Hopi.\n (H) Kiowa.\n (I) Menominee.\n (J) Mississauga.\n (K) Muscogee.\n (L) Sac and Fox.\n (M) Sioux.\nSEC. 7. DUPLICATE MEDALS.\n (a) Silver Duplicate Medals.--\n (1) In general.--The Secretary shall strike duplicates in \n silver of the gold medals struck under section 5(b), to be awarded \n in accordance with paragraph (2).\n (2) Eligibility for award.--\n (A) In general.--A Native American shall be eligible to be \n awarded a silver duplicate medal struck under paragraph (1) in \n recognition of the service of Native American code talkers of \n the recognized tribe of the Native American, if the Native \n American served in the Armed Forces as a code talker in any \n foreign conflict in which the United States was involved during \n the 20th century.\n (B) Death of code talker.--In the event of the death of a \n Native American code talker who had not been awarded a silver \n duplicate medal under this subsection, the Secretary may award \n a silver duplicate medal to the next of kin or other personal \n representative of the Native American code talker.\n (C) Determination.--Eligibility for an award under this \n subsection shall be determined by the Secretary in accordance \n with section 6.\n (b) Bronze Duplicate Medals.--The Secretary may strike and sell \nduplicates in bronze of the gold medal struck pursuant to section 4 \nunder such regulations as the Secretary may prescribe, at a price \nsufficient to cover the cost thereof, including labor, materials, dies, \nuse of machinery, and overhead expenses, and the cost of the gold and \nsilver medals.\nSEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.\n (a) Authority to Use Fund Amounts.--There are authorized to be \ncharged against the United States Mint Public Enterprise Fund such \namounts as may be necessary to pay for the cost of the medals struck \npursuant to this Act.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals authorized under section 7(b) shall be deposited into the \nUnited States Mint Public Enterprise Fund.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals to recognize the service of Native American code talkers during World War I and World War II. Defines code talker as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language. Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker. (2) to provide a list of such code talkers to the Smithsonian Institution. (3) to design and strike the gold medals to be awarded. And (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals. Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans. Authorizes payment from the US Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act.","title":"To require the issuance of medals to recognize the dedication and valor of Native American code talkers.","text_len":9573,"sum_len":1473} {"bill_id":"103_hr3743","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Radiation Experimentation \nCompensation Act of 1994''.\n\nSEC. 2. FINDINGS, PURPOSE, AND APOLOGY.\n\n (a) Findings.--The Congress finds that--\n (1) since the 1940's, the Federal Government has \n intentionally conducted secret radiation experiments in the \n United States without the informed consent or knowledge of the \n individuals on whom the experiments were performed;\n (2) such radiation experiments included, but were not \n limited to, experiments involving injections of plutonium, \n ingestion of irradiated food, exposure to atmospheric \n radiation, and the prescription of radioactive medication to \n pregnant women;\n (3) the Federal Government performed such experiments not \n in order to achieve medical or health benefits for the \n individuals used in the tests, but for research purposes, to \n allow Federal Government scientists and health specialists to \n study the effects of radiation on the human body;\n (4) at the time of such experiments and in the years \n following the experiments, the Federal Government failed to \n inform the individuals tested, or their families, about the \n nature and effects of the tests;\n (5) the Federal Government has harmed the subjects of such \n radiation experiments;\n (6) the Congress presumes that the exposure to radiation of \n the subjects of such experiments has generated an excess of \n cancers and other debilitating diseases and health problems for \n such subjects;\n (7) the Federal Government should recognize that the lives \n and health of the innocent individuals who were the subjects of \n such experiments were put at risk by the individuals' unknowing \n and involuntary participation in radiation experiments; and\n (8) the Federal Government should assume responsibility for \n the harm caused by its actions regarding the experiments.\n (b) Purpose.--It is the purpose of this Act to establish a \nprocedure to make partial restitution to the individuals described in \nsubsection (a) for the burdens they have borne for the Nation as a \nwhole, although monetary compensation can never fully compensate them.\n (c) Apology.--The Congress apologizes on behalf of the Nation to \nthe individuals described in subsection (a) and their families for the \nhardships they have endured because of the experiments described in \nsubsection (a).\n\nSEC. 3. TRUST FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a trust fund to be known as the ``Radiation \nExperimentation Compensation Trust Fund'' (in this Act referred to as \nthe ``Fund''), which shall be administered by the Secretary of the \nTreasury.\n (b) Investment of Amounts in Fund.--Amounts in the Fund shall be \ninvested in accordance with section 9702 of title 31, United States \nCode, and any interest on, and proceeds from, any such investment shall \nbe credited to and become a part of the Fund.\n (c) Availability of Fund.--Amounts in the Fund shall be available \nonly for disbursement by the Attorney General under section 5.\n (d) Termination.--\n (1) Time of termination.--The Fund shall terminate not \n later than the earlier of--\n (A) the date on which the amount authorized to be \n appropriated to the Fund by subsection (e), and any \n income earned on such amount, have been expended from \n the Fund; or\n (B) 22 years after the date of the enactment of \n this Act.\n (2) Amounts remaining in fund.--At the end of the 22-year \n period referred to in paragraph (1)(B), if all of the amounts \n in the Fund have not been expended, investments of amounts in \n the Fund shall be liquidated, the receipts of such liquidation \n shall be deposited in the Fund, and all funds remaining in the \n Fund shall be deposited in the miscellaneous receipts account \n in the Treasury.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Fund $100,000,000. Any amount appropriated pursuant \nto this subsection is authorized to remain available until expended.\n\nSEC. 4. CLAIMS ELIGIBLE FOR PAYMENT.\n\n (a) In General.--Any individual who, without the individual's \ninformed consent, was intentionally exposed to radiation as a subject \nin an experiment of the Federal Government at any time during the \nperiod beginning on January 1, 1940, and ending on December 31, 1974, \nshall receive $50,000 if--\n (1) a claim for such payment is filed with the Attorney \n General by or on behalf of such individual; and\n (2) the Attorney General determines, in accordance with \n section 5(b), that the claim meets the requirements of this \n Act.\n (b) Definitions.--For purposes of this section:\n (1) The term ``experiment'' means a test or other action \n that is conducted primarily for research purposes to determine \n the effect of exposure to radiation on the human body.\n (2) The term ``exposed to radiation'' means caused to come \n into contact with any radioactive substance or material by \n means including, but not limited to, injection, ingestion, \n inhalation, or prescription of, or skin exposure to, any \n radioactive substance or material.\n (3) The term ``Federal Government'' means--\n (A) the legislative, judicial, or executive branch \n of the government of the United States, or any agency \n or instrumentality of such a branch;\n (B) any person or entity whose actions regarding an \n experiment under which humans were exposed to radiation \n were funded in any manner, approved, authorized, \n supervised, or contracted for, by an entity referred to \n in subparagraph (A); or\n (C) any person or entity that was funded in any \n manner, approved, authorized, supervised, or contracted \n with, wholly or partially, by an entity referred to in \n subparagraph (A) during a time period in which an \n entity referred to in subparagraph (A) had knowledge \n that such person or entity was conducting any \n experiment under which humans were exposed to \n radiation.\n (4) The term ``informed consent'' means consent by an \n individual (or the individual's parent or legal guardian, in \n the case of an individual who was a minor or was incompetent at \n the relevant time), to the individual's participation in an \n experiment, after a full disclosure of the nature and purpose \n of the experiment and its possible consequences that was \n sufficient to allow the individual (or the individual's parent \n or legal guardian, in the case of an individual who was a minor \n or was incompetent at the relevant time) to intelligently \n exercise judgment to decide whether the individual should \n participate in the experiment.\n\nSEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.\n\n (a) Establishment of Filing Procedures.--The Attorney General shall \nestablish procedures under which individuals may submit claims for \npayments under this Act.\n (b) Determination of Claims.--For each claim filed under this Act, \nthe Attorney General shall determine whether the claim meets the \nrequirements of section 4(a).\n (c) Payment of Claims.--\n (1) In general.--The Attorney General shall pay, from \n amounts available in the Fund, each claim that the Attorney \n General determines meets the requirements of this Act.\n (2) Offset of payment.--\n (A) Offset of payment made under this Act.--A \n payment under this Act to or on behalf of an individual \n described in section 4(a) shall be offset by the amount \n of any payment made to or on behalf of the individual \n pursuant to a final award or settlement on a claim \n (other than a claim for worker's compensation) against \n any person, that is based on the individual's \n participation in an experiment that is the basis for \n the payment under this Act, including any payment under \n the Radiation Exposure Compensation Act (42 U.S.C. 2210 \n note).\n (B) Offset of payment made under radiation exposure \n compensation act.--For purposes of section 6(c)(2) of \n the Radiation Exposure Compensation Act (42 U.S.C. 2210 \n note), a payment made under this Act shall be \n considered to be a final award or settlement on a claim \n described in subparagraphs (A) and (B) of such section.\n (3) Right of subrogation.--Upon payment of a claim under \n this section, the Federal Government is subrogated, for the \n amount of the payment, to a right or claim that the individual \n to whom the payment was made may have against any person on \n account of participation in an experiment that is the basis for \n the payment made under this Act.\n (4) Payments in case of deceased persons.--\n (A) In general.--In the case of an individual who \n is deceased at the time of payment under this section, \n such payment may be made only as follows:\n (i) If the individual is survived by a \n spouse who is living at the time of payment, \n such payment shall be made to such surviving \n spouse.\n (ii) If the individual is not survived by a \n spouse described in clause (i), such payment \n shall be made in equal shares to the children \n of the individual who are living at the time of \n payment.\n (iii) If the individual is not survived by \n a person described in clause (i) or (ii), such \n payment shall be made in equal shares to the \n parents of the individual who are living at the \n time of payment.\n (iv) If the individual is not survived by a \n person described in any of clauses (i) through \n (iii), such payment shall be made in equal \n shares to the grandchildren of the individual \n who are living at the time of payment.\n (v) If the individual is not survived by a \n person described in any of clauses (i) through \n (iv), such payment shall be made in equal \n shares to the siblings of the individual who \n are living at the time of payment.\n (vi) If the individual is not survived by a \n person described in any of clauses (i) through \n (v), then such payment shall be made in equal \n shares to the grandparents of the individual \n who are living at the time of payment.\n (B) Filing of claim by survivor.--If an individual \n eligible for payment under this Act dies before filing \n a claim under this Act, a survivor of the individual \n who may receive payment under subparagraph (A) may file \n a claim for such payment on the individual's behalf.\n (C) Definitions.--For purposes of this paragraph:\n (i) The term ``child'' includes a \n recognized natural child, a stepchild who lived \n with an individual in a regular parent-child \n relationship, and an adopted child.\n (ii) The term ``grandchild of the \n individual'' means a child of a child of the \n individual.\n (iii) The term ``grandparent of the \n individual'' means a parent of a parent of the \n individual.\n (iv) The term ``parent'' includes fathers \n and mothers through adoption.\n (v) The term ``sibling of the individual'' \n means a child of the parent or parents of the \n individual.\n (vi) The term ``spouse'' means a person who \n was married to the relevant individual for at \n least the 12 months immediately preceding the \n death of the individual.\n (d) Action on Claims.--Within 18 months after the filing of any \nclaim under this Act--\n (1) the Attorney General shall make the determination \n required by subsection (b) regarding the claim; and\n (2) if the claim is determined to meet the requirements of \n section 4(a), the Attorney General shall make the payment \n required by subsection (c)(1).\n (e) Settlement in Full of Claims Against United States.--Payment \nunder this Act, when accepted by an individual, or the individual's \nsurvivors, shall be in full satisfaction of all claims of or on behalf \nof the individual against the United States that arise out of the \nparticipation in the experiment that is the basis for the payment made \nunder this Act.\n (f) Administrative Costs Not Deducted From Payment.--No costs \nincurred by the Attorney General in carrying out this Act may be paid \nfrom, set off against, or otherwise deducted from any payment made \nunder subsection (c)(1).\n (g) Termination of Duties of Attorney General.--The duties of the \nAttorney General under this section shall cease when the Fund \nterminates.\n (h) Treatment of Payments Under Other Laws.--A payment under \nsubsection (c)(1) to an individual--\n (1) shall be treated for purposes of the internal revenue \n laws of the United States as damages for human suffering; and\n (2) shall not be considered as income or resources for \n purposes of determining the individual's eligibility to receive \n benefits described in section 3803(c)(2)(C) of title 31, United \n States Code, or the amount of such benefits.\n (i) Use of Existing Resources.--The Attorney General should, to the \nextent available, use funds and resources available to the Attorney \nGeneral to carry out the Attorney General's functions under this Act.\n (j) Regulatory Authority.--The Attorney General may issue \nregulations necessary to carry out this Act.\n (k) Issuance of Regulations and Procedures.--The initial \nregulations and procedures to carry out this Act shall be issued not \nlater than 120 days after the date of the enactment of this Act.\n (l) Judicial Review.--An individual whose claim for compensation \nunder this Act is denied may seek initial judicial review solely in a \ndistrict court of the United States. The court shall review the denial \non the administrative record and shall hold unlawful and set aside the \ndenial if it is arbitrary, capricious, an abuse of discretion, or \notherwise not in accordance with law. Such an individual may appeal the \ndecision of the district court to the appropriate higher Federal \ncourts.\n\nSEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.\n\n No claim under this Act shall be assignable or transferable.\n\nSEC. 7. LIMITATION ON CLAIMS.\n\n An individual, or the individual's survivors, may not receive \npayment under section 5(c)(1) unless a claim by or on behalf of the \nindividual is filed under this Act within 20 years after the date of \nthe enactment of this Act.\n\nSEC. 8. ATTORNEY OR AGENT FEES.\n\n The agent, attorney, or other representative of an individual or of \nan individual's survivor may not receive, for services rendered in \nconnection with a claim made under this Act, an amount equal to more \nthan 10 percent of the payment made under this Act on such claim. Any \nperson who violates this section shall be guilty of an infraction and \nshall be subject to a fine in the amount provided in title 18, United \nStates Code.\n\nSEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.\n\n A payment made under section 5(c)(1) shall not be considered a form \nof compensation, or reimbursement for a loss, for purposes of imposing \nliability on the individual who receives the payment to repay any \ninsurance carrier for insurance payments, or to repay any person on \naccount of worker's compensation payments. A payment under this Act \nshall not affect any claim against an insurance carrier with respect to \ninsurance, or against any person with respect to worker's compensation.\n\nSEC. 10. BUDGET COMPLIANCE.\n\n No authority under this Act to enter into contracts or to make \npayments shall be effective in any fiscal year except to such extent or \nin such amounts as are provided in advance in appropriations Acts.","summary":"Radiation Experimentation Compensation Act of 1994 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally exposed to radiation without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and pay from amounts in the Fund each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides for judicial review. Establishes a time limit for filing claims of 20 years after enactment of this Act.","title":"Radiation Experimentation Compensation Act of 1994","text_len":17701,"sum_len":1180} {"bill_id":"107_hr2248","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dairy Promotion Fairness Act''.\n\nSEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.\n\n (a) Declaration of Policy.--Section 110(b) of the Dairy Production \nStabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--\n (1) in the first sentence--\n (A) by inserting after ``commercial use'' the \n following: ``and on imported dairy products''; and\n (B) by striking ``products produced in the United \n States.'' and inserting ``products.''; and\n (2) in the second sentence, by inserting after ``produce \n milk'' the following: ``or the right of any person to import \n dairy products''.\n (b) Definitions.--Section 111 of the Dairy Production Stabilization \nAct of 1983 (7 U.S.C. 4502) is amended--\n (1) in subsection (k), by striking ``and'' at the end;\n (2) in subsection (l), by striking the period at the end \n and inserting a semicolon; and\n (3) by adding at the end the following:\n ``(m) the term `imported dairy product' means any dairy \n product that is imported into the United States, including \n dairy products imported into the United States in the form of--\n ``(1) milk, cream, and fresh and dried dairy \n products;\n ``(2) butter and butterfat mixtures;\n ``(3) cheese; and\n ``(4) casein and mixtures;\n ``(n) the term `importer' means a person that imports an \n imported dairy product into the United States; and\n ``(o) the term `Customs' means the United States Customs \n Service.''.\n (c) Representation of Importers on Board.--Section 113(b) of the \nDairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is \namended--\n (1) by inserting ``National Dairy Promotion and Research \n Board.--'' after ``(b)'';\n (2) by designating the first through ninth sentences as \n paragraphs (1) through (5) and paragraphs (7) through (10), \n respectively, and indenting the paragraphs appropriately;\n (3) in paragraph (2) (as so designated), by striking \n ``Members'' and inserting ``Except as provided in paragraph \n (6), the members''; and\n (4) by inserting after paragraph (5) (as so designated) the \n following:\n ``(6) Importers.--\n ``(A) Representation.--The Secretary shall appoint \n not more than 2 members who represent importers of \n dairy products and are subject to assessments under the \n order, to reflect the proportion of domestic production \n and imports supplying the United States market, which \n shall be based on the Secretary's determination of the \n average volume of domestic production of dairy products \n proportionate to the average volume of imports of dairy \n products in the United States over the previous three \n years.\n ``(B) Additional members; nominations.--The members \n appointed under this paragraph--\n ``(i) shall be in addition to the total \n number of members appointed under paragraph \n (2); and\n ``(ii) shall be appointed from nominations \n submitted by importers under such procedures as \n the Secretary determines to be appropriate.''.\n (d) Importer Assessment.--Section 113(g) of the Dairy Production \nStabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--\n (1) by inserting ``Assessments.--'' after ``(g)'';\n (2) by designating the first through fifth sentences as \n paragraphs (1) through (5), respectively, and indenting \n appropriately; and\n (3) by adding at the end the following:\n ``(6) Importers.--\n ``(A) In general.--The order shall provide that \n each importer of imported dairy products shall pay an \n assessment to the Board in the manner prescribed by the \n order.\n ``(B) Time for payment.--The assessment on imported \n dairy products shall be paid by the importer to Customs \n at the time of the entry of the products into the \n United States and shall be remitted by Customs to the \n Board. For purposes of this subparagraph, entry of the \n products into the United States shall be deemed to have \n occurred when the products are released from custody of \n Customs and introduced into the stream of commerce \n within the United States. Importers include persons who \n hold title to foreign-produced dairy products \n immediately upon release by Customs, as well as persons \n who act on behalf of others, as agents, brokers, or \n consignees, to secure the release of dairy products \n from Customs and the introduction of the released dairy \n products into the stream of commerce.\n ``(C) Rate.--The rate of assessment on imported \n dairy products shall be determined in the same manner \n as the rate of assessment per hundredweight or the \n equivalent of milk.\n ``(D) Value of products.--For the purpose of \n determining the assessment on imported dairy products \n under subparagraph (C), the value to be placed on \n imported dairy products shall be established by the \n Secretary in a fair and equitable manner.\n ``(E) Use of Assessments on Imported Dairy.--\n Assessments collected on imported dairy products shall \n not be used for foreign market promotion.''.\n (e) Records.--Section 113(k) of the Dairy Production Stabilization \nAct of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by \nstriking ``person receiving'' and inserting ``importer of imported \ndairy products, each person receiving''.\n (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of \nthe Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is \namended--\n (1) in the first sentence--\n (A) by inserting after ``of producers'' the \n following: ``and importers''; and\n (B) by inserting after ``the producers'' the \n following: ``and importers''; and\n (2) in the second sentence, by inserting after ``commercial \n use'' the following: ``and importers voting in the referendum \n (who have been engaged in the importation of dairy products \n during the same representative period, as determined by the \n Secretary).''.","summary":"Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define imported dairy product and importer for purposes of the dairy promotion program. Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board. Requires dairy importers to contribute to the dairy promotion program. Makes both importers and producers eligible to vote in referendums.","title":"To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program, and for other purposes.","text_len":7141,"sum_len":451} {"bill_id":"111_hr4537","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Shareholder Protection Act of \n2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Corporations make significant political contributions \n and expenditures that directly or indirectly influence the \n election of candidates and support or oppose political causes. \n Decisions to use corporate funds for political contributions \n and expenditures are usually made by corporate boards and \n executives, rather than shareholders.\n (2) Corporations, acting through their boards and \n executives, are obligated to conduct business for the best \n interests of their owners, the shareholders. Corporate boards \n and executives that use corporation funds to support and oppose \n political candidates, parties, and causes in opposition to the \n interests of their shareholders are not acting for the best \n interests of the corporation.\n (3) Historically, shareholders have not had a way to know, \n or to influence, the political activities of corporations they \n own. Shareholders and the public have a right to know how \n corporations are spending their funds to make political \n contributions or expenditures benefitting candidates, political \n parties, and political causes.\n (4) Corporations should be accountable to their \n shareholders prior to making political contributions or \n expenditures affecting local, State or Federal governance and \n public policy. Requiring the express approval of a \n corporation's shareholders prior to making political \n contributions or expenditures will establish necessary \n accountability.\n\nSEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.\n\n The Securities Exchange Act of 1934 is amended by adding after \nsection 14 the following new section:\n\n``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES.\n\n ``(a) Affirmative Authorization.--No issuer may make any \nexpenditure for political activities in excess of $10,000 in any fiscal \nyear without first obtaining the written affirmative authorization for \nsuch expenditure by a majority of all shareholders.\n ``(b) Nature of Decisions.--A decision to make a contribution or \nexpenditure for political activities in excess of $10,000 shall not be \nconsidered a routine matter of the corporation under rules and \nguidelines established by any national securities exchange or by the \nCommission.\n ``(c) Fiduciary Duty; Liability.--A violation of subsection (a) \nshall be considered a breach of a fiduciary duty of the officers and \ndirectors who authorized such an expenditure. The officers and \ndirectors who authorize such an expenditure without first obtaining \nsuch authorization of shareholders shall be jointly and severally \nliable in any action brought in any court of competent jurisdiction to \nany shareholder or class of shareholders for the amount of such \nexpenditure.\n ``(d) Exemption for Certain Media.--The provisions of this section \nshall not apply to an issuer whose sole business is the publication or \nbroadcasting of news, commentary, literature, music, entertainment, \nartistic expression, scientific, historical or academic works, or other \nforms of information. The Commission shall issue such guidance as it \ndetermines necessary or appropriate regarding the extent of the \nexemption provided by this subsection.\n ``(e) Definitions.--As used in this section the following \ndefinitions apply:\n ``(1) Affirmative authorization.--The term `affirmative \n authorization' means the full, free, and written consent of a \n shareholder, obtained without intimidation or fear of reprisal, \n and shall not include votes made by a broker or any other \n representative.\n ``(2) Issue advocacy campaign.--The term `issue advocacy \n campaign' means any expenditure for any communication to the \n general public intended to encourage the public to contact a \n State or Federal Government official regarding pending \n legislation, public policy or government rule or regulation, \n but does not include contributions or expenditures for \n registered lobbyists employed by the corporation to lobby State \n or Federal Government officials directly.\n ``(3) Majority of all shareholders.--The term `majority of \n all shareholders' means number of shareholders that combined \n own more than 50 percent of all outstanding shares. \n Shareholders not casting votes shall not count toward such a \n majority.\n ``(4) Expenditure for political activities.--\n ``(A) The term `expenditure for political \n activities' means--\n ``(i) expenditures in support of, or \n opposition to, any Federal, State, or local \n candidate;\n ``(ii) contributions to or expenditures in \n support of any political party, committee, \n electioneering communication, voter \n registration campaign, ballot measure campaign, \n or an issue advocacy campaign; and\n ``(iii) dues or other payments to trade \n associations or other tax exempt organizations \n that are, or could reasonably be anticipated to \n be, used for the purposes described in \n subparagraphs (A) and (B).\n ``(B) Such term shall not include--\n ``(i) direct lobbying efforts through \n registered lobbyists employed or hired by the \n corporation;\n ``(ii) communications by a corporation to \n its stockholders and executive or \n administrative personnel and their families;\n ``(iii) nonpartisan registration and get-\n out-the-vote campaigns by a corporation aimed \n at its stockholders and executive or \n administrative personnel and their families; or\n ``(iv) the establishment, administration \n and solicitation of contributions to a separate \n segregated fund to be utilized for political \n purposes by a corporation.''.\n\nSEC. 4. REPORTING REQUIREMENTS.\n\n Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) \nis amended by adding at the end the following:\n ``(m) Reporting Requirements Relating to Certain Political \nExpenditures.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this subsection, the Commission shall modify \n its reporting rules under this section to require issuers to \n disclose quarterly any expenditure for political activities (as \n such term is defined in section 14A(e)(4)) made during the \n preceding quarter. Such a report shall be filed with the \n Commission and provided to shareholders and shall include--\n ``(A) the date of the contributions or \n expenditures;\n ``(B) the amount of the contributions or \n expenditures;\n ``(C) the name or identity of the candidate, \n political party, committee, electioneering \n communication, voter registration campaign, ballot \n measure campaign or issue advocacy campaign;\n ``(D) if the expenditures were made for or against \n a candidate, including an electioneering communication, \n the office sought by the candidate and the political \n party affiliation of the candidate;\n ``(E) if the contributions or expenditures were \n made for or against a ballot measure, the purpose of \n the measure and whether the contributions or \n expenditures were made in support or opposition to the \n ballot measure; and\n ``(F) if the contributions or expenditures were \n made for or against an issue advocacy campaign, the \n nature of the political issue and whether the \n contributions were made in support or opposition to the \n political issue.\n ``(2) Public availability.--The Commission shall ensure \n that, to the greatest extent practicable, the quarterly reports \n required by this subsection are publicly available through the \n Commission website in a manner that is searchable, sortable and \n downloadable, consistent with the requirements of section \n 24.''.\n\nSEC. 5. REPORT.\n\n On an annual basis, the Office of Management and Budget shall \nconduct an audit on the compliance or noncompliance with the \nrequirements of this Act by public corporations, their management and \nshareholders, as well as the effectiveness of the Securities and \nExchange Commission in meeting the reporting and disclosure \nrequirements of this Act. Not later than April 1 of each year, the \nOffice of Management and Budget shall submit to the President a report \non the audit activities required under this Act.","summary":"Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization. Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000. Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website.","title":"To amend the Securities Exchange Act of 1934 to require the express authorization of a majority of shareholders of a public company for certain political expenditures by that company, and for other purposes.","text_len":9641,"sum_len":1459} {"bill_id":"114_hr1201","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Combat Human Trafficking Act of \n2015''.\n\nSEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX \n TRAFFICKING OF UNDERAGE VICTIMS.\n\n (a) Clarification of Range of Conduct Punished as Sex \nTrafficking.--Section 1591 of title 18, United States Code, is \namended--\n (1) in subsection (a)(1), by striking ``or maintains'' and \n inserting ``maintains, patronizes, or solicits'';\n (2) in subsection (b)--\n (A) in paragraph (1), by striking ``or obtained'' \n and inserting ``obtained, patronized, or solicited''; \n and\n (B) in paragraph (2), by striking ``or obtained'' \n and inserting ``obtained, patronized, or solicited''; \n and\n (3) by striking subsection (c) and inserting the following:\n ``(c) In a prosecution under subsection (a)(1), the Government need \nnot prove that the defendant knew, or recklessly disregarded the fact, \nthat the person recruited, enticed, harbored, transported, provided, \nobtained, maintained, patronized, or solicited had not attained the age \nof 18 years.''.\n (b) Definition Amended.--Section 103(10) of the Trafficking Victims \nProtection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or \nobtaining'' and inserting ``obtaining, patronizing, or soliciting''.\n (c) Minimum Period of Supervised Release for Conspiracy To Commit \nCommercial Child Sex Trafficking.--Section 3583(k) of title 18, United \nStates Code, is amended by inserting ``1594(c),'' after ``1591,''.\n\nSEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX \n TRAFFICKING PROHIBITIONS.\n\n (a) Definitions.--In this section--\n (1) the terms ``commercial sex act'', ``severe forms of \n trafficking in persons'', ``State'', and ``Task Force'' have \n the meanings given those terms in section 103 of the \n Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);\n (2) the term ``covered offense'' means the provision, \n obtaining, patronizing, or soliciting of a commercial sex act \n involving a person subject to severe forms of trafficking in \n persons; and\n (3) the term ``State law enforcement officer'' means any \n officer, agent, or employee of a State authorized by law or by \n a State government agency to engage in or supervise the \n prevention, detection, investigation, or prosecution of any \n violation of criminal law.\n (b) Report.--The Director of the Bureau of Justice Statistics \nshall--\n (1) prepare an annual report on--\n (A) the rates of--\n (i) arrest of individuals by State law \n enforcement officers for a covered offense;\n (ii) prosecution (including specific \n charges) of individuals in State court systems \n for a covered offense; and\n (iii) conviction of individuals in State \n court systems for a covered offense; and\n (B) sentences imposed on individuals convicted in \n State court systems for a covered offense; and\n (2) submit the annual report prepared under paragraph (1) \n to--\n (A) the Committee on the Judiciary of the House of \n Representatives;\n (B) the Committee on the Judiciary of the Senate;\n (C) the Task Force;\n (D) the Senior Policy Operating Group established \n under section 105(g) of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7103(g)); and\n (E) the Attorney General.\n\nSEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES.\n\n (a) Definitions.--In this section--\n (1) the terms ``commercial sex act'', ``severe forms of \n trafficking in persons'', and ``State'' have the meanings given \n those terms in section 103 of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7102);\n (2) the term ``covered offender'' means an individual who \n obtains, patronizes, or solicits a commercial sex act involving \n a person subject to severe forms of trafficking in persons;\n (3) the term ``Federal law enforcement officer'' has the \n meaning given the term in section 115 of title 18, United \n States Code;\n (4) the term ``local law enforcement officer'' means any \n officer, agent, or employee of a unit of local government \n authorized by law or by a local government agency to engage in \n or supervise the prevention, detection, investigation, or \n prosecution of any violation of criminal law; and\n (5) the term ``State law enforcement officer'' means any \n officer, agent, or employee of a State authorized by law or by \n a State government agency to engage in or supervise the \n prevention, detection, investigation, or prosecution of any \n violation of criminal law.\n (b) Training.--\n (1) Law enforcement officers.--The Attorney General shall \n ensure that each anti-human trafficking program operated by the \n Department of Justice, including each anti-human trafficking \n training program for Federal, State, or local law enforcement \n officers, includes technical training on--\n (A) effective methods for investigating and \n prosecuting covered offenders; and\n (B) facilitating the provision of physical and \n mental health services by health care providers to \n persons subject to severe forms of trafficking in \n persons.\n (2) Federal prosecutors.--The Attorney General shall \n ensure that each anti-human trafficking program operated by the \n Department of Justice for United States attorneys or other \n Federal prosecutors includes training on seeking restitution \n for offenses under chapter 77 of title 18, United States Code, \n to ensure that each United States attorney or other Federal \n prosecutor, upon obtaining a conviction for such an offense, \n requests a specific amount of restitution for each victim of \n the offense without regard to whether the victim requests \n restitution.\n (3) Judges.--The Federal Judicial Center shall provide \n training to judges relating to the application of section 1593 \n of title 18, United States Code, with respect to ordering \n restitution for victims of offenses under chapter 77 of such \n title.\n (c) Policy for Federal Law Enforcement Officers.--The Attorney \nGeneral shall ensure that Federal law enforcement officers are engaged \nin activities, programs, or operations involving the detection, \ninvestigation, and prosecution of covered offenders.\n\nSEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS.\n\n Section 2516 of title 18, United States Code, is amended--\n (1) in paragraph (1)(c)--\n (A) by inserting before ``section 1591'' the \n following: ``section 1581 (peonage), section 1584 \n (involuntary servitude), section 1589 (forced labor), \n section 1590 (trafficking with respect to peonage, \n slavery, involuntary servitude, or forced labor),''; \n and\n (B) by inserting before ``section 1751'' the \n following: ``section 1592 (unlawful conduct with \n respect to documents in furtherance of trafficking, \n peonage, slavery, involuntary servitude, or forced \n labor),''; and\n (2) in paragraph (2), by inserting ``human trafficking, \n child sexual exploitation, child pornography production,'' \n after ``kidnapping,''.\n\nSEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS.\n\n (a) Notification of Plea Agreement or Other Agreement.--Section \n3771(a) of title 18, United States Code, is amended by adding at the \nend the following:\n ``(9) The right to be informed in a timely manner of any \n plea agreement or deferred prosecution agreement.''.\n (b) Appellate Review of Petitions Relating to Crime Victims' \nRights.--\n (1) In general.--Section 3771(d)(3) of title 18, United \n States Code, is amended by inserting after the fifth sentence \n the following: ``In deciding such application, the court of \n appeals shall apply ordinary standards of appellate review.''.\n (2) Application.--The amendment made by paragraph (1) shall \n apply with respect to any petition for a writ of mandamus filed \n under section 3771(d)(3) of title 18, United States Code, that \n is pending on the date of enactment of this Act.","summary":"Combat Human Trafficking Act of 2015 Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims. (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18. (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy. (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor. (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement. And (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims. nbsp, nbsp, nbsp. Requires the Bureau of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims,nbsp. And (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that: (1) DOJ anti-human trafficking training programs, including programs for law enforcement officers, include technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of human trafficking and on facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of human trafficking. (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such offenses. And (3) DOJ anti-human trafficking programs for US attorneys or other federal prosecutors include training on seeking restitution for peonage, slavery, and human trafficking offenses to ensure that each such attorney, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim without regard to whether the victim requests it. Requires the Federal Judicial Center to provide training to judges relating to the application of mandatory restitution provisions regarding ordering restitution for victims of such offenses.","title":"Combat Human Trafficking Act of 2015","text_len":9133,"sum_len":2529} {"bill_id":"108_s2035","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guard and Reserve Readiness and \nRetention Act of 2004''.\n\nSEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.\n\n (a) Age and Service Requirements.--Subsection (a) of section 12731 \nof title 10, United States Code, is amended to read as follows:\n ``(a)(1) Except as provided in subsection (c), a person is \nentitled, upon application, to retired pay computed under section 12739 \nof this title, if the person--\n ``(A) satisfies one of the combinations of requirements for \n minimum age and minimum number of years of service (computed \n under section 12732 of this title) that are specified in the \n table in paragraph (2);\n ``(B) performed the last six years of qualifying service \n while a member of any category named in section 12732(a)(1) of \n this title, but not while a member of a regular component, the \n Fleet Reserve, or the Fleet Marine Corps Reserve, except that \n in the case of a person who completed 20 years of service \n computed under section 12732 of this title before October 5, \n 1994, the number of years of qualifying service under this \n subparagraph shall be eight; and\n ``(C) is not entitled, under any other provision of law, to \n retired pay from an armed force or retainer pay as a member of \n the Fleet Reserve or the Fleet Marine Corps Reserve.\n ``(2) The combinations of minimum age and minimum years of service \nrequired of a person under subparagraph (A) of paragraph (1) for \nentitlement to retired pay as provided in such paragraph are as \nfollows:\n\n``Age, in years, is The minimum years of service\n at least: required for that age is:\n 53...................................................... 34 \n 54...................................................... 32 \n 55...................................................... 30 \n 56...................................................... 28 \n 57...................................................... 26 \n 58...................................................... 24 \n 59...................................................... 22 \n 60...................................................... 20.''.\n (b) 20-Year Letter.--Subsection (d) of such section is amended by \nstriking ``the years of service required for eligibility for retired \npay under this chapter'' in the first sentence and inserting ``20 years \nof service computed under section 12732 of this title.''.\n (c) Effective Date.--This section and the amendments made by this \nsubsection (a) shall take effect on the first day of the first month \nbeginning on or after the date of the enactment of this Act and shall \napply with respect to retired pay payable for that month and subsequent \nmonths.\n\nSEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE \n PROGRAM.\n\n (a) Unconditional Eligibility.--Subsection (a) of section 1076b of \ntitle 10, United States Code, is amended by striking ``and receive \nbenefits'' and all that follows through ``an employer-sponsored health \nbenefits plan''.\n (b) Permanent Authority.--Subsection (l) of such section is \nrepealed.\n (c) Conforming Repeal of Obsolete Provisions.--Such section is \nfurther amended--\n (1) by striking subsections (i) and (j); and\n (2) by redesignating subsection (k) as subsection (i).\n\nSEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR \n CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND \n THEIR DEPENDENTS.\n\n (a) Required Continuation.--(1) Chapter 55 of title 10, United \nStates Code, is amended by inserting after section 1078a the following \nnew section:\n``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage \n for dependents of certain Reserves called or ordered to \n active duty\n ``(a) Payment of Premiums.--The Secretary concerned shall pay the \napplicable premium to continue in force any qualified health benefits \nplan coverage for the members of the family of an eligible reserve \ncomponent member for the benefits coverage continuation period \nif timely elected by the member in accordance with regulations \nprescribed under subsection (j).\n ``(b) Eligible Member; Family Members.--(1) A member of a reserve \ncomponent is eligible for payment of the applicable premium for \ncontinuation of qualified health benefits plan coverage under \nsubsection (a) while serving on active duty pursuant to a call or order \nissued under a provision of law referred to in section 101(a)(13)(B) of \nthis title during a war or national emergency declared by the President \nor Congress.\n ``(2) For the purposes of this section, the members of the family \nof an eligible reserve component member include only the member's \ndependents described in subparagraphs (A), (D), and (I) of section \n1072(2) of this title.\n ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of \nthis section, health benefits plan coverage for the members of the \nfamily of a reserve component member called or ordered to active duty \nis qualified health benefits plan coverage if--\n ``(1) the coverage was in force on the date on which the \n Secretary notified the reserve component member that issuance \n of the call or order was pending or, if no such notification \n was provided, the date of the call or order;\n ``(2) on such date, the coverage applied to the reserve \n component member and members of the family of the reserve \n component member; and\n ``(3) the coverage has not lapsed.\n ``(d) Applicable Premium.--The applicable premium payable under \nthis section for continuation of health benefits plan coverage for the \nfamily members of a reserve component member is the amount of the \npremium payable by the member for the coverage of the family members.\n ``(e) Maximum Amount.--The total amount that the Department of \nDefense may pay for the applicable premium of a health benefits plan \nfor the family members of a reserve component member under this section \nin a fiscal year may not exceed the amount determined by multiplying--\n ``(1) the sum of one plus the number of the family members \n covered by the health benefits plan, by\n ``(2) the per capita cost of providing TRICARE coverage and \n benefits for dependents under this chapter for such fiscal \n year, as determined by the Secretary of Defense.\n ``(f) Benefits Coverage Continuation Period.--The benefits coverage \ncontinuation period under this section for qualified health benefits \nplan coverage for the family members of an eligible reserve component \nmember called or ordered to active duty is the period that--\n ``(1) begins on the date of the call or order; and\n ``(2) ends on the earlier of--\n ``(A) the date on which the reserve component \n member's eligibility for transitional health care under \n section 1145(a) of this title terminates under \n paragraph (3) of such section;\n ``(B) the date on which the reserve component \n member elects to terminate the continued qualified \n health benefits plan coverage of the member's family \n members; or\n ``(C) December 31, 2005.\n ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any \nother provision of law--\n ``(1) any period of coverage under a COBRA continuation \n provision (as defined in section 9832(d)(1) of the Internal \n Revenue Code of 1986) for an eligible reserve component member \n under this section shall be deemed to be equal to the benefits \n coverage continuation period for such member under this \n section; and\n ``(2) with respect to the election of any period of \n coverage under a COBRA continuation provision (as so defined), \n rules similar to the rules under section 4980B(f)(5)(C) of such \n Code shall apply.\n ``(h) Nonduplication of Benefits.--A member of the family of a \nreserve component member who is eligible for benefits under qualified \nhealth benefits plan coverage paid on behalf of the reserve component \nmember by the Secretary concerned under this section is not eligible \nfor benefits under the TRICARE program during a period of the coverage \nfor which so paid.\n ``(i) Revocability of Election.--A reserve component member who \nmakes an election under subsection (a) may revoke the election. Upon \nsuch a revocation, the member's family members shall become eligible \nfor benefits under the TRICARE program as provided for under this \nchapter.\n ``(j) Regulations.--The Secretary of Defense shall prescribe \nregulations for carrying out this section. The regulations shall \ninclude such requirements for making an election of payment of \napplicable premiums as the Secretary considers appropriate.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 1078a the \nfollowing new item:\n\n``1078b. Continuation of non-TRICARE health benefits plan coverage for \n dependents of certain Reserves called or \n ordered to active duty.''.\n (b) Applicability.--Section 1078b of title 10, United States Code \n(as added by subsection (a)), shall apply with respect to calls or \norders of members of reserve components of the Armed Forces to active \nduty as described in subsection (b) of such section, that are issued by \nthe Secretary of a military department before, on, or after the date of \nthe enactment of this Act, but only with respect to qualified health \nbenefits plan coverage (as described in subsection (c) of such section) \nthat is in effect on or after the date of the enactment of this Act.","summary":"Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20, (2) 59 and 22, (3) 58 and 24, (4) 57 and 26, (5) 56 and 28, (6) 55 and 30, (7) 54 and 32. And (8) 53 and 34. Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE only if such members: (1) are eligible unemployment compensation recipients. Or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent . Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.","title":"A bill to amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to expand certain authorities to provide health care benefits for Reserves and their families, and for other purposes.","text_len":10160,"sum_len":1116} {"bill_id":"108_hr5222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Commissions Act of 2004''.\n\nSEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN \n FURTHERANCE OF TERRORISM.\n\n (a) In General.--Subchapter XI of chapter 47 of title 10, United \nStates Code (the Uniform Code of Military Justice), is amended by \ninserting after section 935 (article 135) the following new section:\n``Sec. 935a. Art. 135a. Military commissions for offenses against the \n law of war or in furtherance of terrorism\n ``(a) A military commission covered by this section may be \nappointed only by the President or a person designated by the President \nfor such purpose.\n ``(b) A military commission appointed under subsection (a) may try \nany person, not a citizen of the United States, for one or more \noffenses against the law of war or in furtherance of terrorism.\n ``(c) A military commission shall consist of not less than three \nmembers and not more than seven members. However, in a case in which \nthe accused may be sentenced to a penalty of death, the commission \nshall consist of seven members. The commission may also include not \nmore than two alternate members. Each member and alternate member shall \nbe a commissioned officer of the armed forces.\n ``(d) A military commission shall have a presiding officer, who \nshall be appointed from among the members. The presiding officer shall \nbe a judge advocate and shall preside over the proceedings of the \ncommission to ensure a full, fair, and expeditious trial. The presiding \nofficer shall rule upon all questions of law and all interlocutory \nquestions arising during the proceedings. A majority of the members may \noverrule the presiding officer on any ruling that excludes evidence on \nthe merits.\n ``(e) Trial and defense counsel shall be detailed for a military \ncommission on the same basis as such counsel are detailed for a general \ncourt-martial under section 827 (article 27).\n ``(f) Members of a military commission shall deliberate and vote in \nclosed conference. Voting on the findings and on the sentence shall be \nby secret written ballot.\n ``(g) A military commission covered by this section may not find a \nperson guilty of an offense, and may not determine a sentence, except \nby the concurrence of two-thirds of the members present at the time the \nvote is taken. The commission may not sentence a person to suffer death \nexcept by the concurrence of all the members as to the findings and as \nto the sentence.\n ``(h) A military commission may, under such limitations as the \nPresident may prescribe, adjudge any punishment permitted by the law of \nwar, including death, imprisonment for life or for any lesser term, \npayment of a fine or restitution, or such other lawful punishment or \npunishments as the commission shall determine to be proper. The \nsentence of death may be adjudged only if the accused has been found \nguilty of spying or an offense causing the death of one or more \npersons. A commission may not sentence any person to suffer death for \nan offense committed before the person attained the age of eighteen \nyears. A sentence of death may not be executed until approved by the \nPresident.\n ``(i) Pursuant to section 936 (Article 36) of the chapter, the \nPresident may prescribe rules of evidence and procedure for trial by a \nmilitary commission. The accused in a military commission shall be \ngiven the following minimum rights and protections:\n ``(1) The accused shall have the right to a fair trial, \n without adverse distinction based upon race, color, gender, \n language, religion, birth, wealth, or any similar criteria.\n ``(2) The accused shall be presumed innocent until proven \n guilty. The burden of proof shall be upon the prosecution to \n prove each element of an offense beyond a reasonable doubt.\n ``(3) The accused shall be informed of the charges against \n him in a language he understands as soon as practicable prior \n to trial.\n ``(4) The accused shall have the right to a public trial, \n unless the appointing authority determines that a closed trial, \n or any portion thereof, is necessary to the national security \n of the United States.\n ``(5) The accused may not be compelled to testify or \n present evidence against himself.\n ``(6) No adverse inference will be drawn against him by \n reason of a decision not to testify on his own behalf.\n ``(7) Evidence obtained through the use of torture (as \n defined in section 2340 of title 18), will not be admitted in \n evidence at trial by a military commission.\n ``(8) The accused shall be entitled to assistance of \n counsel at all stages of proceedings and shall have adequate \n time and facilities available for the preparation of his \n defense. The accused shall have the right to represent himself \n in trail by military commission, subject to the discretion of \n the presiding officer.\n ``(9) The accused shall have the right to present evidence \n and to cross-examine each witness.\n ``(10) The accused shall have equal opportunity to obtain \n witnesses and other evidence in accordance with such \n regulations as the President may prescribe.\n ``(11) The accused shall have access to all evidence that \n trial counsel intends to offer at trial and all evidence known \n to trial counsel or to the commission that tends to exculpate \n him.\n ``(12) The accused shall have the right to be present at \n each stage of the proceedings, unless he engages in conduct \n that the presiding officer determines to be disruptive.\n ``(13) The accused shall not be tried a second time for the \n same offense.\n ``(j) A person found guilty by military commission shall have a \nright to review of that finding and any adjudged sentence in accordance \nwith this section.\n ``(k)(1) After trial, the presiding officer shall promptly \nauthenticate a verbatim transcript and record of trial.\n ``(2) The appointing authority shall, within a reasonable period of \ntime, carry out an administrative review of the transcript and record \nof trial and take such administrative actions as the authority \nconsiders appropriate, which may include directing the commission to \nconduct any necessary supplemental proceedings.\n ``(3) The Secretary of Defense shall review the record of trial \nand, within a reasonable period of time, take one or more of the \nfollowing actions of the case:\n ``(A) Approve, disapprove, commute, mitigate, or suspend \n the sentence in whole or in part.\n ``(B) Approve or disapprove a finding of guilty, or change \n a finding of guilty to a charge or specification to a finding \n of guilty to a lesser included offense of the offense stated in \n the charge.\n ``(4)(A) Following action by the Secretary of Defense, the Court of \nAppeals for the Armed Forces shall review the record of a military \ncommission--\n ``(i) in any case in which the sentence extends to death or \n to confinement in excess of five years; and\n ``(ii) in any other case that the President may prescribe.\n ``(B) In any case reviewed by it under this subsection, the Court \nof Appeals for the Armed Forces may act only with respect to the \nfindings and sentence as in effect after review by the convening \nauthority and the Secretary of Defense under subsection (k)(3).\n ``(C) The Court of Appeals for the Armed Forces shall take action \nonly with respect to matters of law and shall take such action as is \npermitted under section 867 (Article 67) of this chapter.\n ``(5) The Supreme Court of the United States shall have \njurisdiction to review, by writ of certiorari, an action of the Court \nof Appeals for the Armed Forces under this subsection.\n ``(l) The Secretary of Defense shall submit to Congress each order, \nrule, and regulation prescribed under this section. Such order, rule, \nor regulation may not take effect until 30 days after it is so \nsubmitted.\n ``(m) Not later than March 15 of each year, the Secretary of \nDefense shall submit to Congress a report on the use of military \ncommissions covered by this section during the preceding calendar year. \nThe report shall set forth a summary of each case covered by this \nsection during such year, together with the disposition and current \nstatus of that case. The report shall also set forth a detailed \ndescription of the activities of the Department with respect to \nmilitary commissions, a copy of all current rules and regulations \nrelating to the use of military commissions, and an accounting of all \nfunds expended on matters relating to the use of military \ncommissions.''.\n (b) The table of sections at the beginning of such subchapter is \namended by adding at the end the following new item:\n\n``935a. Art. 135a. Military commissions for offenses against the law of \n war or in furtherance of terrorism.''.","summary":"Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members. States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial. Requires members of a military commission to deliberate and vote in closed conference. Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. And (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections. Outlines procedures for, and courts of, appeal.","title":"To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to provide standards for the use of military commissions for the trial of offenses under the law of war or in furtherance of international terrorism.","text_len":9245,"sum_len":1241} {"bill_id":"109_hr4173","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care COBRA OffSet Tax Savings \nAct of 2005'' or the ``Health Care COSTS Act of 2005'' .\n\nSEC. 2. REFUNDABLE CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION \n COVERAGE FOR CERTAIN INDIVIDUALS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 35 the following new section:\n\n``SEC. 35A. CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR \n CERTAIN INDIVIDUALS.\n\n ``(a) Allowance of Credit.--In the case of an eligible individual, \nthere shall be allowed as a credit against the tax imposed by this \nsubtitle an amount equal to 50 percent of the amount of the premium \nwhich would (but for this section) be required to be paid by such \nindividual during the taxable year for COBRA continuation coverage \nunder a group health plan.\n ``(b) Eligible Individual.--For purposes of this section--\n ``(1) In general.--The term `eligible individual' means any \n individual--\n ``(A) who receives COBRA continuation coverage \n under a group health plan by reason of a qualifying \n event described in section 4980B(f)(3), and\n ``(B) the modified adjusted gross income (as \n defined in section 221(b)(2)(C)) of whom for the \n taxable year does not exceed the applicable amount.\n ``(2) Applicable amount.--For purposes of paragraph (1), \n the applicable amount is $30,000 increased by $10,000--\n ``(A) for the spouse of the taxpayer, and\n ``(B) for each individual who is a dependent (as \n defined in section 152) of the taxpayer.\n ``(c) Assignment of Credit to Plan Administrator.--The Secretary \nshall prescribe regulations which permit eligible individuals to assign \nthe credit under this section to the administrator of the plan under \nwhich COBRA continuation coverage is being provided. The credit so \nassigned by an individual shall be treated by the administrator as a \npremium payment by such individual.\n ``(d) Other Definitions.--For purposes of this section--\n ``(1) Administrator.--The term `administrator' has the \n meaning given such term in section 3(16) of the Employee \n Retirement Income Security Act of 1974.\n ``(2) COBRA continuation coverage.--The term `COBRA \n continuation coverage' means the first 18 months of \n continuation coverage provided pursuant to--\n ``(A) section 4980B (other than subsection (f)(1) \n of such section insofar as it relates to pediatric \n vaccines),\n ``(B) title XXII of the Public Health Service Act,\n ``(C) part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974 (other \n than under section 609),\n ``(D) section 8905a of title 5, United States Code, \n or\n ``(E) a State program that provides continuation \n coverage comparable to such continuation coverage.\n ``(3) Group health plan.--The term `group health plan' has \n the meaning given such term in section 9832(a).''.\n (b) Clerical Amendment.--The table of sections for such subpart C \nis amended by inserting after the item relating to section 35 the \nfollowing new item:\n\n``Sec. 35A. Credit to subsidize cost of COBRA continuation coverage for \n certain individuals.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. CHANGE IN COBRA NOTICE.\n\n (a) Notices.--\n (1) General notices.--In the case of notices provided under \n sections 606 of the Employee Retirement Income Security Act of \n 1974, section 2206 of the Public Health Service Act, and \n section 4980B(f)(6) of the Internal Revenue Code of 1986 with \n respect to individuals who become entitled to elect COBRA \n continuation coverage after the date of the enactment of this \n Act, such notices shall include an additional notification to \n the recipient of the availability of the subsidy provided under \n section 35A of the Internal Revenue Code of 1986.\n (2) Alternative notice.--In the case of COBRA continuation \n coverage to which the notice provisions described in paragraph \n (1) do not apply, the Secretary of Labor shall, in coordination \n with administrators of the group health plans (or other \n entities) who provide or administer the COBRA continuation \n coverage involved, assure provision of such notice.\n (3) Form.--The requirement of the additional notification \n under this subsection may be met by amendment of existing \n notice forms or by inclusion of a separate document with the \n notice otherwise required.\n (b) Specific Requirements.--Each additional notification under \nsubsection (a) shall include--\n (1) a description of the eligibility requirements for \n premium assistance under section 35A of the Internal Revenue \n Code of 1986,\n (2) the name, address, and telephone number necessary to \n contact the plan administrator and any other person maintaining \n relevant information in connection with the premium assistance, \n and\n (3) the following statement displayed in a prominent \n manner: ``You may be eligible to receive assistance with \n payment of 50 percent of your COBRA continuation coverage \n premiums for a duration of not to exceed 18 months.''.\n (c) Model Notices.--The Secretary of Labor shall prescribe models \nfor the additional notification required under this section.","summary":"Health Care COBRA OffSet Tax Savings Act of 2005 or the Health Care COSTS Act of 2005 - Amends the Internal Revenue Code to allow certain individual taxpayers a refundable tax credit for 50 of the premium for COBRA continuation coverage under a group health plan. Requires notice of the availability of this tax credit to individuals entitled to COBRA continuation coverage.","title":"To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax to subsidize the cost of COBRA continuation coverage for certain individuals.","text_len":6064,"sum_len":374} {"bill_id":"108_hr3719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom of Choice Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States was founded on the principles of \n individual liberty, personal privacy, and equality. Such \n principles ensure that each individual is free to make the most \n intimate decisions free from governmental interference and \n discrimination.\n (2) A woman's decision to commence, prevent, continue, or \n terminate a pregnancy is one of the most intimate decisions an \n individual ever faces. As such, reproductive health decisions \n are best made by the woman, in consultation with her medical \n provider or loved ones, without governmental interference.\n (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and \n in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 \n U.S. 179), the Supreme Court recognized the right to privacy \n protected by the Constitution and that such right encompassed \n the right of every woman to weigh the personal, moral, and \n religious considerations involved in deciding whether to \n commence, prevent, continue, or terminate a pregnancy.\n (4) The Roe v. Wade decision carefully balanced the rights \n of women to make important reproductive decisions with the \n state's interest in potential life. Under Roe v. Wade and Doe \n v. Bolton, a woman's right to choose to terminate her pregnancy \n is absolute only prior to fetal viability, with the state \n permitted to ban abortion after fetal viability except when \n necessary to protect the life or health of a woman.\n (5) These decisions have protected the health and lives of \n women in the United States. Prior to the Roe v. Wade decision, \n an estimated 1,200,000 women each year were forced to resort to \n illegal abortions, despite the known hazards that included \n unsanitary conditions, incompetent treatment, infection, \n hemorrhage, disfiguration, and death.\n (6) According to one estimate, prior to 1973, as many as \n 5,000 women died each year in the United States as a result of \n having an illegal abortion.\n (7) In countries where abortion remains illegal, the risk \n of complications and maternal mortality is high. According to \n the World Health Organization, of the approximately 600,000 \n pregnancy-related deaths occurring annually around the world, \n 80,000 are associated with unsafe abortions.\n (8) The Roe v. Wade decision expanded the opportunities for \n women to participate equally in society. In 1992, in Planned \n Parenthood v. Casey (505 U.S. 833), the Supreme Court observed \n that, ``[t]he ability of women to participate equally in the \n economic and social life of the Nation has been facilitated by \n their ability to control their reproductive lives.''.\n (9) Even though the Roe v. Wade decision guaranteed a \n constitutional right to choose whether to terminate or continue \n a pregnancy, threats to that right remain, including possible \n reversal or further erosion by the Supreme Court of the right, \n and legislative and administrative policies at all levels of \n government that make abortion more difficult and dangerous to \n obtain.\n (10) 87 percent of the counties in the United States have \n no abortion provider.\n (11) Legal barriers to the full range of reproductive \n services endanger the health and lives of women.\n (12) Women should have meaningful access to reproductive \n health services to prevent unintended pregnancies, thereby \n reducing the need for abortions.\n (13) To ensure that a woman's right to choose whether to \n terminate a pregnancy is available to all women in the United \n States, Federal protection for that right is necessary.\n (14) Although Congress may not create constitutional rights \n without amending the Constitution, Congress may, where \n authorized by its enumerated powers and not prohibited by the \n Constitution, enact legislation to create and secure statutory \n rights in areas of legitimate national concern.\n (15) Congress has the affirmative power under section 8 of \n article I of the Constitution and section 5 of the 14th \n amendment to the Constitution to enact legislation to \n facilitate interstate commerce and to prevent State \n interference with interstate commerce, liberty, or equal \n protection of the laws.\n (16) Federal protection of a woman's right to choose to \n prevent or terminate a pregnancy falls within this affirmative \n power of Congress, in part, because--\n (A) many women cross State lines to obtain \n abortions and many more would be forced to do so absent \n a constitutional right or Federal protection;\n (B) reproductive health clinics are commercial \n actors that regularly purchase medicine, medical \n equipment, and other necessary supplies from out-of-\n State suppliers; and\n (C) reproductive health clinics employ doctors, \n nurses, and other personnel who travel across State \n lines in order to provide reproductive health services \n to patients.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Government.--The term ``government'' includes a branch, \n department, agency, instrumentality, or official (or other \n individual acting under color of law) of the United States, a \n State, or a subdivision of a State.\n (2) State.--The term ``State'' means each of the 50 States, \n the District of Columbia, the Commonwealth of Puerto Rico, and \n each territory or possession of the United States.\n (3) Viability.--The term ``viability'' means that stage of \n pregnancy when, in the best medical judgment of the attending \n physician based on the particular medical facts of the case \n before the physician, there is a reasonable likelihood of the \n sustained survival of the fetus outside of the woman.\n\nSEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.\n\n (a) Statement of Policy.--It is the policy of the United States \nthat every woman has the fundamental right to choose to bear a child, \nto terminate a pregnancy prior to fetal viability, or to terminate a \npregnancy after fetal viability when necessary to protect the life or \nhealth of the woman.\n (b) Prohibition of Interference.--A government may not--\n (1) deny or interfere with a woman's right to choose--\n (A) to bear a child;\n (B) to terminate a pregnancy prior to viability; or\n (C) to terminate a pregnancy after viability where \n termination is necessary to protect the life or health \n of the woman; or\n (2) discriminate against the exercise of the rights set \n forth in paragraph (1) in the regulation or provision of \n benefits, facilities, services, or information.\n (c) Civil Action.--An individual aggrieved by a violation of this \nsection may obtain appropriate relief (including relief against a \ngovernment) in a civil action.\n\nSEC. 5. SEVERABILITY.\n\n If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be unconstitutional, the \nremainder of this Act, or the application of such provision to persons \nor circumstances other than those as to which the provision is held to \nbe unconstitutional, shall not be affected thereby.\n\nSEC. 6. RETROACTIVE EFFECT.\n\n This Act applies to every Federal, State, and local statute, \nordinance, regulation, administrative order, decision, policy, \npractice, or other action enacted, adopted, or implemented before, on, \nor after the date of enactment of this Act.","summary":"Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child, (2) terminate a pregnancy prior to fetal viability. Or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from : (1) denying or interfering with a woman's right to exercise such choices. Or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.","title":"To prohibit, consistent with Roe v. Wade, the interference by the government with a woman's right to choose to bear a child or terminate a pregnancy, and for other purposes.","text_len":8309,"sum_len":957} {"bill_id":"108_hr1103","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Air Cargo Security Act''.\n\nSEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.\n\n Section 44901(f) of title 49, United States Code, is amended to \nread as follows:\n ``(f) Cargo.--\n ``(1) In general.--The Under Secretary of Transportation \n for Security shall establish systems to screen, inspect, or \n otherwise ensure the security of all cargo that is to be \n transported in--\n ``(A) passenger aircraft operated by an air carrier \n or foreign air carrier in air transportation or \n intrastate air transportation; or\n ``(B) all-cargo aircraft in air transportation and \n intrastate air transportation.\n ``(2) Strategic plan.--The Under Secretary shall develop a \n strategic plan to carry out paragraph (1).''.\n\nSEC. 3. AIR CARGO SHIPPING.\n\n (a) In General.--Subchapter I of chapter 449 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 44922. Regular inspections of air cargo shipping facilities\n ``The Under Secretary of Transportation for Security shall \nestablish a system for the regular inspection of shipping facilities \nfor shipments of cargo transported in air transportation or intrastate \nair transportation to ensure that appropriate security controls, \nsystems, and protocols are observed, and shall enter into arrangements \nwith the civil aviation authorities, or other appropriate officials, of \nforeign countries to ensure that inspections are conducted on a regular \nbasis at shipping facilities for cargo transported in air \ntransportation to the United States.''.\n (b) Additional Inspectors.--The Under Secretary for Transportation \nSecurity may increase the number of inspectors as necessary to \nimplement the requirements of title 49, United States Code, as amended \nby this subtitle.\n (c) Conforming Amendment.--The chapter analysis for chapter 449 of \ntitle 49, United States Code, is amended by adding at the end the \nfollowing:\n\n``44922. Regular inspections of air cargo shipping facilities.''.\n\nSEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.\n\n (a) In General.--Subchapter I of chapter 449 of title 49, United \nStates Code, is further amended by adding at the end the following:\n``Sec. 44923. Air cargo security\n ``(a) Database.--The Under Secretary of Transportation for Security \nshall establish an industry-wide pilot program database of known \nshippers of cargo that is to be transported in passenger aircraft \noperated by an air carrier or foreign air carrier in air transportation \nor intrastate air transportation. The Under Secretary shall use the \nresults of the pilot program to improve the known shipper program.\n ``(b) Indirect Air Carriers.--\n ``(1) Random inspections.--The Under Secretary shall \n conduct random audits, investigations, and inspections of \n indirect air carrier facilities to determine if the indirect \n air carriers are meeting the security requirements of this \n title.\n ``(2) Ensuring compliance.--The Under Secretary may take \n such actions as may be appropriate to promote and ensure \n compliance with the security standards established under this \n title.\n ``(3) Notice of failures.--The Under Secretary shall notify \n the Secretary of Transportation of any indirect air carrier \n that fails to meet security standards established under this \n title.\n ``(4) Suspension or revocation of certificate.--The \n Secretary, as appropriate, shall suspend or revoke any \n certificate or authority issued under chapter 411 to an \n indirect air carrier immediately upon the recommendation of the \n Under Secretary. Any indirect air carrier whose certificate is \n suspended or revoked under this subparagraph may appeal the \n suspension or revocation in accordance with procedures \nestablished under this title for the appeal of suspensions and \nrevocations.\n ``(5) Indirect air carrier.--In this subsection, the term \n `indirect air carrier' has the meaning given that term in part \n 1548 of title 49, Code of Federal Regulations.\n ``(c) Consideration of Community Needs.--In implementing air cargo \nsecurity requirements under this title, the Under Secretary may take \ninto consideration the extraordinary air transportation needs of small \nor isolated communities and unique operational characteristics of \ncarriers that serve those communities.''.\n (b) Assessment of Indirect Air Carrier Program.--The Under \nSecretary of Transportation for Security shall assess the security \naspects of the indirect air carrier program under part 1548 of title \n49, Code of Federal Regulations, and report the result of the \nassessment, together with any recommendations for necessary \nmodifications of the program to the Committee on Commerce, Science, and \nTransportation of the Senate and the Committee on Transportation and \nInfrastructure of the House of Representatives within 45 days after the \ndate of enactment of this Act. The Under Secretary may submit the \nreport and recommendations in classified form.\n (c) Report to Congress on Random Audits.--The Under Secretary shall \nreport to the Committee on Commerce, Science, and Transportation of the \nSenate and the Committee on Transportation and Infrastructure of the \nHouse of Representatives on random screening, audits, and \ninvestigations of air cargo security programs based on threat \nassessments and other relevant information. The report may be submitted \nin classified form.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation such sums as may be \nnecessary to carry out this section.\n (e) Conforming Amendment.--The chapter analysis for chapter 449 of \ntitle 49, United States Code, is further amended by adding at the end \nthe following:\n\n``44923. Air cargo security.''.\n\nSEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.\n\n The Under Secretary of Transportation for Security shall establish \na training program for any persons that handle air cargo to ensure that \nthe cargo is properly handled and safeguarded from security breaches.\n\nSEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.\n\n (a) In General.--The Under Secretary of Transportation for Security \nshall establish a program requiring that air carriers operating all-\ncargo aircraft have an approved plan for the security of their air \noperations area, the cargo placed aboard such aircraft, and persons \nhaving access to their aircraft on the ground or in flight.\n (b) Plan Requirements.--The plan shall include provisions for--\n (1) security of each carrier's air operations areas and \n cargo acceptance areas at the airports served;\n (2) background security checks for all employees with \n access to the air operations area;\n (3) appropriate training for all employees and contractors \n with security responsibilities;\n (4) appropriate screening of all flight crews and persons \n transported aboard all-cargo aircraft;\n (5) security procedures for cargo placed on all-cargo \n aircraft as provided in section 44901(f)(1)(B) of title 49, \n United States Code; and\n (6) additional measures deemed necessary and appropriate by \n the Under Secretary.\n (c) Confidential Industry Review and Comment.--\n (1) Circulation of proposed program.--The Under Secretary \n shall--\n (A) propose a program under subsection (a) within \n 90 days after the date of enactment of this Act; and\n (B) distribute the proposed program, on a \n confidential basis, to those air carriers and other \n employers to which the program will apply.\n (2) Comment period.--Any person to which the proposed \n program is distributed under paragraph (1) may provide comments \n on the proposed program to the Under Secretary not more than 60 \n days after the date on which the proposed program is so \n distributed.\n (3) Final program.--The Under Secretary shall issue a final \n program under subsection (a) not later than 45 days after the \n last date on which comments may be provided under paragraph \n (2). The final program shall contain time frames for the plans \n to be implemented by each air carrier or employer to which it \n applies.\n (4) Suspension of procedural norms.--Neither chapter 5 of \n title 5, United States Code, nor the Federal Advisory Committee \n Act (5 U.S.C. App.) shall apply to the program required by this \n section.","summary":"Air Cargo Security Act - Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation . Directs the Under Secretary of Transportation for Security under the Transportation Security Administration to develop a strategic plan to carry out such screening. Sets forth certain measures to increase the safety and security of air cargo, including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments. (2) provide an industry-wide pilot program database of known cargo shippers. (3) train persons that handle air cargo to ensure that such cargo is properly handled and safe-guarded from security breaches. And (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight. Directs the Under Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act.","title":"To improve air cargo security.","text_len":8939,"sum_len":1259} {"bill_id":"103_hr1343","text":"SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED \n WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO PAY HIGHER \n EDUCATION EXPENSES.\n\n (a) In General.--Paragraph (2) of section 72(t) of the Internal \nRevenue Code of 1986 (relating to exceptions to 10-percent additional \ntax on early distributions from qualified retirement plans) is amended \nby adding at the end thereof the following new subparagraph:\n ``(D) Distributions from individual retirement \n plans for first home purchases or educational \n expenses.--Distributions to an individual from an \n individual retirement plan--\n ``(i) which are qualified first-time \n homebuyer distributions (as defined in \n paragraph (6)); or\n ``(ii) to the extent such distributions do \n not exceed the qualified higher education \n expenses (as defined in paragraph (7)) of the \n taxpayer for the taxable year.''\n (b) Definitions.--Section 72(t) of such Code is amended by adding \nat the end thereof the following new paragraphs:\n ``(6) Qualified first-time homebuyer distributions.--For \n purposes of paragraph (2)(D)(i)--\n ``(A) In general.--The term `qualified first-time \n homebuyer distribution' means any payment or \n distribution received by an individual to the extent \n such payment or distribution is used by the individual \n before the close of the 60th day after the day on which \n such payment or distribution is received to pay \n qualified acquisition costs with respect to a principal \n residence of a first-time homebuyer who is such \n individual or the spouse, child, or grandchild of such \n individual.\n ``(B) Qualified acquisition costs.--For purposes of \n this paragraph, the term `qualified acquisition costs' \n means the costs of acquiring, constructing, or \n reconstructing a residence. Such term includes any \n usual or reasonable settlement, financing, or other \n closing costs.\n ``(C) First-time homebuyer; other definitions.--For \n purposes of this paragraph--\n ``(i) First-time homebuyer.--The term \n `first-time homebuyer' means any individual \n if--\n ``(I) such individual (and if \n married, such individual's spouse) had \n no present ownership interest in a \n principal residence during the 3-year \n period ending on the date of \n acquisition of the principal residence \n to which this paragraph applies, and\n ``(II) subsection (a)(6), (h), or \n (k) of section 1034 did not suspend the \n running of any period of time specified \n in section 1034 with respect to such \n individual on the day before the date \n the distribution is applied pursuant to \n subparagraph (A)(ii).\n ``(ii) Principal residence.--The term \n `principal residence' has the same meaning as \n when used in section 1034.\n ``(iii) Date of acquisition.--The term \n `date of acquisition' means the date--\n ``(I) on which a binding contract \n to acquire the principal residence to \n which subparagraph (A) applies is \n entered into, or\n ``(II) on which construction or \n reconstruction of such a principal \n residence is commenced.\n ``(D) Special rule where delay in acquisition.--If \n any distribution from any individual retirement plan \n fails to meet the requirements of subparagraph (A) \n solely by reason of a delay or cancellation of the \n purchase or construction of the residence, the amount \n of the distribution may be contributed to an individual \n retirement plan as provided in section 408(d)(3)(A)(i) \n (determined by substituting `120 days' for `60 days' in \n such section), except that--\n ``(i) section 408(d)(3)(B) shall not be \n applied to such contribution, and\n ``(ii) such amount shall not be taken into \n account in determining whether section \n 408(d)(3)(A)(i) applies to any other amount.\n ``(7) Qualified higher education expenses.--For purposes of \n paragraph (2)(D)(ii)--\n ``(A) In general.--The term `qualified higher \n education expenses' means tuition, fees, books, \n supplies, and equipment required for the enrollment or \n attendance of--\n ``(i) the taxpayer,\n ``(ii) the taxpayer's spouse, or\n ``(iii) the taxpayer's child (as defined in \n section 151(c)(3)) or grandchild,\n at an eligible educational institution (as defined in \n section 135(c)(3)).\n ``(B) Coordination with savings bond provisions.--\n The amount of qualified higher education expenses for \n any taxable year shall be reduced by any amount \n excludable from gross income under section 135.''\n (c) Effective Date.--The amendments made by this section shall \napply to distributions received after the date of the enactment of this \nAct.","summary":"Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for qualified first-time home purchases or qualified higher education expenses.","title":"To amend the Internal Revenue Code of 1986 to permit penalty-free withdrawals from individual retirement accounts to purchase first homes or pay higher education expenses.","text_len":6463,"sum_len":190} {"bill_id":"115_s2234","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet of Things Consumer Tips to \nImprove Personal Security Act of 2017''or the ``IOT Consumer TIPS Act \nof 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The term ``Internet of Things'' refers to devices, \n applications, and physical objects that are Internet-enabled, \n networked, or connected.\n (2) The devices that are part of the Internet of Things are \n equipped with sensors or developed with automated \n functionalities that allow them to collect, send, or receive \n data, and perform according to consumer preferences that \n enhance productivity, efficiency, and convenience.\n (3) The rapid adoption of the Internet of Things among \n consumers and businesses is driven by the wide range of \n economic and societal benefits that are generated by such \n devices across almost every industry and sector.\n (4) Consumer trust in the security of the Internet of \n Things is paramount to the leadership and competitiveness of \n the United States in the global digital economy.\n (5) It is the policy of the United States to encourage \n innovation in the development and use of the Internet of Things \n and empower consumers to be responsible digital citizens and \n manage the security of their devices in collaboration with \n manufacturers, sellers, and service providers.\n\nSEC. 3. FEDERAL EDUCATIONAL CYBERSECURITY RESOURCES FOR CONSUMERS \n REGARDING DEVICES THAT ARE PART OF THE INTERNET OF \n THINGS.\n\n (a) Definitions.--In this section--\n (1) Covered device.--The term ``covered device''--\n (A) includes devices, applications, and physical \n objects that are--\n (i) part of the Internet of Things; and\n (ii) marketed and sold primarily to \n consumers; and\n (B) does not include--\n (i) devices that are marketed and sold for \n use primarily in industrial, business, or \n enterprise settings; or\n (ii) smartphones, tablets, personal \n computers, or devices leased to consumers by \n multichannel video programming distributors.\n (2) Cybersecurity threat.--The term ``cybersecurity \n threat'' has the meaning given to the term in section 102 of \n the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. \n 1501).\n (3) Security vulnerability.--The term ``security \n vulnerability'' has the meaning given to the term in section \n 102 of the Cybersecurity Information Sharing Act of 2015 (6 \n U.S.C. 1501).\n (b) Development of Educational Cybersecurity Resources.--Not later \nthan 1 year after the date of enactment of this Act, the Federal Trade \nCommission shall, in coordination with the National Institute of \nStandards and Technology and relevant private sector stakeholders and \nexperts, develop voluntary educational cybersecurity resources for \nconsumers relating to the practices of consumers with respect to the \nprotection and use of covered devices, including citing evidence of \nconsumer attitudes and expectations.\n (c) Elements.--The voluntary resources developed under subsection \n(b) shall be technology-neutral and include guidance, best practices, \nand advice for consumers to protect against, mitigate, and recover from \ncybersecurity threats or security vulnerabilities, where technically \nfeasible, including--\n (1) the scope of possible security support from a vendor \n post-purchase;\n (2) how to initiate or set up a covered device for use;\n (3) the use of passwords, available security tools and \n settings, appropriate physical controls, and avoidance of steps \n that can defeat security;\n (4) updates to the software of a covered device during \n operation or use if applicable;\n (5) the recovery of compromised devices;\n (6) end-of-life considerations such as resetting, deleting, \n or modifying data collected or retained by a covered device \n when it is no longer in use or expected to be used by the \n consumer;\n (7) security services, tools, or platforms for connected \n devices that may help consumers manage connected devices; and\n (8) varying security considerations depending on factors, \n including the type of device and setting of use.\n (d) Availability and Publication.--The Federal Trade Commission \nshall ensure that the resources developed under subsection (b) are \navailable to and readily accessible by the public on the Internet \nwebsite of the Federal Trade Commission.\n (e) Periodic Updates.--The Federal Trade Commission shall review, \nand, as necessary update the resources developed under subsection (b), \nin collaboration with industry stakeholders, to address changes in \ncybersecurity threats or security vulnerabilities and other technology \ndevelopments or challenges.\n (f) Voluntary Use.--The resources developed under subsection (b) \nshall be for voluntary use by consumers.\n (g) Treatment.--No guidelines, best practices, or advice issued by \nthe Federal Trade Commission with respect to the resources developed \nunder subsection (b) shall confer any right on any person, State, or \nlocality, nor shall operate to bind the Federal Trade Commission or any \nperson to the approach recommended in such guidance, best practice, or \nadvice. The Federal Trade Commission may not base an enforcement action \non, or execute a consent order based on, any failure to promote or use \nsuch guidance, or any practice used for covered device functionality \nthat is alleged to be inconsistent with any guidance, best practice, or \nadvice included in the resources developed under subsection (b), unless \nthe practice allegedly violates another provision of law. Nothing in \nthis Act is intended to limit the ability of the Federal Trade \nCommission to enforce section 5 of the Federal Trade Commission Act (15 \nU.S.C. 45).","summary":"Internet of Things Consumer Tips to Improve Personal Security Act of 2017 or the IOT Consumer TIPS Act of 2017 This bill requires the Federal Trade Commission (FTC)nbsp. In coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and expertsnbsp. To develop voluntary educational cybersecurity resources for consumers relating to thenbsp. Protection and use of the Internet of Things . The resources must be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities. The resources do not bind the FTC to any particular guidance, best practice, or advice. The FTC may not base an enforcement action on any failure to promote or use such guidance, best practice, or advice unless such practice violates another provision of law.","title":"Internet of Things Consumer Tips to Improve Personal Security Act of 2017","text_len":6357,"sum_len":900} {"bill_id":"107_hr4963","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cancer Survivorship Research and \nQuality of Life Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) There are more than 9,000,000 individuals in the United \n States today who are cancer survivors (living with, through, \n and beyond cancer).\n (2) 60 percent of cancer survivors are 65 years of age and \n older.\n (3) 62 percent of adults diagnosed with cancer today will \n be alive 5 years from now.\n (4) In 1960, 4 percent of children with cancer survived \n more than 5 years.\n (5) 77 percent of children (age 0 through 14) diagnosed \n with cancer today will be living five years from now.\n (6) Three out of every four American families will have at \n least one family member diagnosed with cancer.\n (7) 24 percent of adults with cancer are parents who have a \n child 18 years or younger living in the home.\n (8) One of every four deaths in the United States is from \n cancer. In 2002, 555,500 Americans will die of cancer--more \n than 1,500 people a day.\n (9) The annual cost of cancer in the United States is \n $180,000,000,000 in direct and indirect costs.\n (10) In fiscal year 2001 the National Institutes of Health \n invested $38,000,000 in survivorship--less than $4.25 per \n survivor.\n\nSEC. 3. CANCER CONTROL PROGRAMS.\n\n Section 412 of the Public Health Service Act (42 U.S.C. 285a-1) is \namended--\n (1) in the first sentence, by inserting ``, for \n survivorship,'' after ``treatment of cancer'';\n (2) in paragraph (1)(B), by striking ``cancer patients'' \n and all that follows and inserting the following: ``cancer \n patients, families of cancer patients, and cancer survivors, \n and''; and\n (3) in paragraph (3), by inserting ``and concerning cancer \n survivorship programs,'' after ``control of cancer''.\n\nSEC. 4. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES \n OF HEALTH WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH.\n\n (a) In General.--Subpart 1 of part C of title IV of the Public \nHealth Service Act (42 U.S.C. 285 et seq.) is amended by adding at the \nend following section:\n\n``SEC. 417D. EXPANSION AND COORDINATION OF ACTIVITIES WITH RESPECT TO \n CANCER SURVIVORSHIP RESEARCH.\n\n ``(a) In General.--\n ``(1) Expansion of activities.--The Director of NIH shall \n expand and coordinate the activities of the National Institutes \n of Health with respect to cancer survivorship research.\n ``(2) Administration of program; collaboration among \n agencies.--The Director of NIH shall carry out this section \n acting through the Director of the Institute and in \n collaboration with any other agencies that the Director \n determines appropriate.\n ``(b) Office on Survivorship.--\n ``(1) In general.--The Director of NIH shall establish an \n Office on Survivorship within the Institute through which the \n activities under subsection (a)(1) shall be implemented and \n directed.\n ``(2) Associate director for survivorship; appointment; \n function.--\n ``(A) There shall be in the Institute an Associate \n Director for Survivorship to coordinate and promote the \n programs in the Institute concerning cancer \n survivorship research. The Associate Director shall be \n appointed by the Director of the Institute from among \n individuals who, because of their professional training \n or experience, are equipped to address the breadth of \n needs associated with cancer survivorship.\n ``(B) Not later than February 1, 2003, the \n Associate Director for Survivorship shall prepare and \n submit to the Congress report providing a description \n of the survivorship activities of the Office and \n strategies for future activities.''.\n (b) Funding.--Section 417B(d)(2) of the Public Health Service Act \n(42 U.S.C. 285a-8(d)(2)) is amended--\n (1) in subparagraph (B), by striking ``and'' after the \n semicolon;\n (2) in subparagraph (C), by striking ``each'' and all that \n follows and inserting ``each fiscal year through 2002; and''; \n and\n (3) by adding at the end the following:\n ``(D) 13 percent, in the case of fiscal year 2003 \n and each subsequent fiscal year, of which not less than \n 3 percent shall be for the Office on Survivorship under \n section 417D.''.\n\nSEC. 5. EXPANSION OF CDC COMPREHENSIVE CANCER PROGRAMS; PROGRAMS TO \n IMPROVE CANCER SURVIVORSHIP.\n\n (a) In General.--The Secretary of Health and Human Services \n(referred to in this Act as the ``Secretary''), acting through the \nDirector of the Centers for Disease Control and Prevention, shall study \nthe unique health challenges associated with cancer survivorship and \ncarry out projects and interventions to improve the long-term health \nstatus of cancer survivors. Such projects shall be carried out directly \nand through the awards of grants or contracts.\n (b) Certain Activities.--Activities under subsection (a) include--\n (1) the expansion of current cancer surveillance systems to \n track the health status of cancer survivors and determine \n whether cancer survivors are at-risk for other chronic and \n disabling conditions;\n (2) assess the unique challenges associated with cancer \n survivorship;\n (3) the development of a national cancer survivorship \n action plan, in partnership with health organizations focused \n on cancer survivorship, to be carried out in coordination with \n the state-based comprehensive cancer control program of the \n Centers for Disease Control and Prevention to--\n (A) develop unique and innovative post-treatment \n programs, services and demonstrations designed to \n support and advance cancer survivorship through--\n (i) promotion of physical activity and \n healthy lifestyles;\n (ii) educational outreach programs for \n health care providers;\n (iii) support for innovative programs to \n improve the quality of life among cancer \n survivors;\n (iv) home and community-based \n interventions;\n (v) peer support and mentor programs;\n (vi) public awareness and outreach \n campaigns; and\n (vii) information dissemination to inform \n health care providers and cancer survivors of \n their health care options and available \n survivorship programs; and\n (B) develop unique cancer survivorship \n demonstration programs designed to address the needs of \n underserved populations, including minorities, \n children, and persons residing in rural areas.\n (c) Coordination of Activities.--The Secretary shall assure that \nactivities under this section are coordinated as appropriate with other \nagencies of the Public Health Service.\n (d) Report to Congress.--Not later than October 1, 2003, the \nSecretary shall submit to the Congress a report describing the results \nof the evaluation under subsection (a), and as applicable, the \nstrategies developed under such subsection.\n (e) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $75,000,000 \nfor fiscal year 2003, and such sums as may be necessary for each of the \nfiscal years 2004 through 2006.\n\nSEC. 6. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER \n SURVIVORSHIP.\n\n (a) In General.--Part M of title III of the Public Health Service \nAct (42 U.S.C. 280e et seq.) is amended by inserting after section 399E \nthe following section:\n\n``SEC. 399E-1. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER \n SURVIVORSHIP.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, and in consultation \nwith the National Cancer Institute, shall make grants to eligible \nentities for the purpose of enabling such entities to monitor and \nevaluate quality cancer care, develop information concerning quality \ncancer care, and monitor cancer survivorship.\n ``(b) Eligible Entities.--For purposes of this section, an entity \nis an eligible entity for a fiscal year if the entity--\n ``(1) operates a statewide cancer registry with funds from \n a grant made under section 399B for such fiscal year; and\n ``(2) is certified by the North American Association of \n Central Cancer Registries or another similar certification \n organization.\n ``(c) Contracting Authority.--In carrying out the purpose described \nin subsection (a), an eligible entity may expend a grant under such \nsubsection to enter into contracts with academic institutions, cancer \ncenters, and other entities, when determined appropriate by the \nSecretary.\n ``(d) Application for Grant.--A grant may be made under subsection \n(a) only if an application for the grant is submitted to the Secretary \nand the application is in such form, is made in such manner, and \ncontains such agreements, assurances, and information as the Secretary \ndetermines to be necessary to carry out this section.\n ``(e) Authority of Secretary Regarding Use of Grant.--The Secretary \nshall determine the appropriate uses of grants under subsection (a) to \nachieve the purpose described in such subsection.\n ``(f) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2003 through 2007.''.\n (b) Conforming Amendment Regarding Authorization of \nAppropriations.--Section 399F(a) of the Public Health Service Act (42 \nU.S.C. 280e-4(a)) is amended in the first sentence by striking ``this \npart,'' and inserting ``this part (other than section 399E-1),''.","summary":"Cancer Survivorship Research and Quality of Life Act of 2002 - Amends the Public Health Service Act to include demonstration, education, and other programs concerning cancer survivorship among the activities of the National Cancer Institute (Institute) within the National Institutes of Health (NIH). Requires the Director of NIH to: (1) expand and coordinate NIH activities related to cancer survivorship. And (2) establish an Office on Survivorship within the Institute. Creates the position of Associate Director for Survivorship. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Protection, to: (1) study the health challenges associated with cancer survivorship and carry out projects and interventions. And (2) make grants for the monitoring and evaluation of cancer care and survivorship.","title":"To provide for the expansion and coordination of activities of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to research and programs on cancer survivorship, and for other purposes.","text_len":10757,"sum_len":866} {"bill_id":"111_hr3937","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Simple Universal \nHealthcare Act of 2009''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Establishment of Citizens Congressional Health Benefits Program \n (CCHBP).\nSec. 3. Contracts with entities to offer qualified CCHBP health plans.\nSec. 4. Scope of benefits and coverage.\nSec. 5. Eligibility.\nSec. 6. Enrollment.\nSec. 7. Premiums.\nSec. 8. High-risk reinsurance fund.\nSec. 9. Definitions.\nSec. 10. Effective date and treatment of collective bargaining \n agreements.\n\nSEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM \n (CCHBP).\n\n (a) In General.--The Director of the Office of Personnel Management \nshall establish a program (to be known as the ``Citizen's Congressional \nHealth Benefits Program'') to provide comprehensive health insurance \ncoverage to--\n (1) Federal elected officials (including the President, \n Vice President, and Members of Congress); and\n (2) residents of the United States who are not covered \n under the Federal Employees Health Benefits Program (FEHBP).\n (b) Similar to FEHBP.--The coverage shall be provided in a manner \nsimilar to the manner in which coverage has been provided to Members of \nCongress and Federal Government employees and retirees and their \ndependents under the Federal Employees Health Benefits Program (FEHBP).\n\nSEC. 3. CONTRACTS WITH ENTITIES TO OFFER QUALIFIED CCHBP HEALTH PLANS.\n\n (a) In General.--The Director shall enter into contracts with \nentities for the offering of qualified CCHBP health plans in accordance \nwith this Act. Such contracts shall be entered into in a manner similar \nto the process by which the Director is authorized to enter into \ncontracts with entities offering health benefits plans under FEHBP.\n (b) Requirements for Entities Offering Plans.--The Director may \nonly enter into a contract under subsection (a) with an entity that \nis--\n (1) licensed--\n (A) as a health maintenance organization in the \n State in which the entity will offer the qualified \n CCHBP health plan; or\n (B) to sell group health insurance coverage in such \n State;\n (2) meets such requirements, similar to requirements under \n FEHBP, as the Director may establish, relating to solvency, \n adequacy of plan benefits (subject to section 4), organization, \n structure, governance, access, and quality; and\n (3) agrees to participate in the high-risk reinsurance fund \n described in section 8.\n (c) FEHBP Plans.--Any health plan offered under FEHBP shall be \ntreated as a qualified CCHBP health plan for purposes of this Act.\n (d) Preemption of State Law.--The requirements of section 4, with \nrespect to the scope and type of benefits required to be provided by a \nCCHBP health plan, shall supersede any and all State laws.\n\nSEC. 4. SCOPE OF BENEFITS AND COVERAGE.\n\n (a) Comprehensive Benefits.--\n (1) In general.--Subject to paragraph (2), qualified CCHBP \n health plans shall provide for the same scope and type of \n benefits that are provided under FEHBP, including--\n (A) the types of benefits described in section 8904 \n of title 5, United States Code; and\n (B) benefits required by regulation or guidance \n under FEHBP.\n (2) Preventive benefits and mental health parity.--\n Qualified CCHBP health plans shall provide a minimum level of \n preventive benefits determined by the Director, in consultation \n with the U.S. Preventive Service Task Force, which shall \n include vaccines for both children and adults, an annual \n physical, cancer screening (including mammographies for women \n of an appropriate age), and mental health parity.\n (b) No Exclusion for Pre-Existing Conditions.--Subject to section \n6(b)(2), qualified CCHBP health plans shall not impose pre-existing \ncondition exclusions or otherwise discriminate against any individual \nbased on the health status of such individual (including genetic \ninformation relating to such enrollee, or any disease or condition).\n (c) Annual and Lifetime Out-Of-Pocket Limit Information.--An entity \noffering a qualified CCHBP health plan must provide notice to any \nindividual covered by such plan of any benefit or service that is not \nincluded in the calculation of the annual or lifetime out-of-pocket \nlimit under such plan.\n\nSEC. 5. ELIGIBILITY.\n\n (a) In General.--An individual is eligible to enroll in a qualified \nCCHBP health plan if--\n (1) the individual resides in the United States; and\n (2) the individual is--\n (A) a citizen or national of the United States;\n (B) an alien lawfully admitted to the United States \n for permanent residence;\n (C) an alien admitted into the United States under \n section 207 of the Immigration and Nationality Act \n (relating to refugees);\n (D) an alien otherwise permanently residing in the \n United States under color of law (as specified by the \n Director); or\n (E) an alien with the status of a nonimmigrant who \n is within a class of long-term nonimmigrants under \n section 101(a)(15) of the Immigration and Nationality \n Act that the Director determines, in consultation with \n the Secretary of Homeland Security, to be appropriate.\n (b) Exceptions.--The following individuals are not eligible to \nenroll in a qualified CCHBP health plan:\n (1) Individuals enrolled under public health insurance \n programs.--An individual who is enrolled under the Federal \n employees health benefits program under chapter 89 of title 5, \n United States Code (except for a member of Congress, as defined \n by section 2106 of title 5, United States Code; or the \n President); the Medicare program under title XVIII of the \n Social Security Act; the Medicaid program under title XIX of \n such Act; the Children's Health Insurance Program under title \n XXI of such Act; or Tricare under chapter 55 of title 10, \n United States Code.\n (2) Incarcerated individuals.--An individual who is \n incarcerated (as specified by the Director).\n (c) Treatment of Elected Officials.--A member of Congress (as \ndefined under section 2106 of title 5, United States Code) or the \nPresident may enroll in either a qualified CCHBP health plan under this \nAct or an FEHBP plan under title 5, United States Code, but may not be \nenrolled in both types of plans at the same time.\n (d) Confirmation of Immigration Status.--The Director, in \nconsultation with each entity offering a qualified CCHBP plan, shall \npromulgate regulations for the use of the automated system known as the \nSystematic Alien Verification for Entitlements, as provided for by \nsection 404 of the Illegal Immigrations Reform and Immigrant \nResponsibility Act of 1996 (110 Stat. 3009-664) to verify the legal \npresence of the status of an individual, other than a United States \ncitizen, who seeks to enroll in a qualified CCHBP plan.\n (e) Employer Option.--\n (1) In general.--An employer may choose to participate in \n CCHBP and offer qualified CCHBP health plans to employees of \n such employer as employer-sponsored health insurance.\n (2) Notice.--The employer shall inform the Director that \n the employer is taking such option in a form and manner \n determined by the Director.\n (3) Maintenance of effort required.--An employer who \n provides notice under paragraph (2) must pay the percentage of \n the cost of the premium, as determined under section 7, for \n each employee that enrolls in a qualified CCHBP health plan, \n that is the same as the percentage of the cost of the premium \n of the health insurance plan that such employer offered to its \n employees before the employer provided notice under paragraph \n (2).\n (4) Tax treatment.--For purposes of the Internal Revenue \n Code of 1986, a qualified CCHBP health plan offered by an \n employer under this subsection shall not fail to be treated as \n employer-provided coverage solely because such employer \n provides such plan through the CCHBP.\n\nSEC. 6. ENROLLMENT.\n\n (a) Enrollment Process.--The Director shall establish a process to \nenroll eligible individuals and their families in qualified CCHBP \nhealth plans. Such process shall be conducted in a manner that is \nsimilar to the manner enrollment is conducted under FEHBP. To the \nextent consistent with eligibility under section 3, the Director shall \nprovide rules similar to the rules under FEHBP for the enrollment of \nfamily members who are CCHBP-eligible individuals in the same plan.\n (b) Enrollment Period.--\n (1) Enrollment upon initial eligibility.--\n (A) In general.--An eligible individual may enroll \n in a qualified CCHBP health plan--\n (i) at any time during the 1-year period \n beginning on the date that the Citizen's \n Congressional Health Benefits Program begins to \n operate; or, if later,\n (ii) at any time during the 3-month period \n beginning on the date that such individual \n becomes eligible to enroll in any qualified \n CCHBP health plan.\n (B) Treatment of preexisting conditions.--An \n individual who enrolls during the periods under \n paragraph (1) shall not be subject to exclusions or \n additional costs due to any preexisting conditions that \n such individual developed before the date such \n individual enrolled in a qualified CCHBP plan.\n (2) Annual enrollment.--\n (A) In general.--An eligible individual who does \n not enroll in a qualified CCHBP health plan under \n paragraph (1) may enroll in such a plan during an \n annual enrollment period of not more than 1 month, as \n determined by the Director.\n (B) Treatment of preexisting conditions.--Subject \n to rules developed by the Director, the entity offering \n the qualified CCHBP health plan may exclude such \n individual from enrolling in such a plan under this \n paragraph due to any preexisting condition which such \n individual develops before the date of such annual \n enrollment period. Upon excluding such individual, the \n entity offering the qualified CCHBP health plan shall \n provide such individual with notice of such exclusion \n and information about enrolling in a high risk pool.\n (c) Changes in Enrollment.--The Director shall establish enrollment \nprocedures that include an annual open season of at least 1 month and \npermit changes in enrollment with qualified health plans at other times \n(such as by reason of changes in marital or dependent status or \neligibility). Such procedures shall be based on the enrollment \nprocedures established under FEHBP. The Director shall provide for \ntermination of such enrollment for an individual at the time the \nindividual is no longer an eligible individual.\n (d) Enrollment of Employees.--Notwithstanding subsection (b)(2), \nthe employees of an employer that provides notice to the Director under \nsection 5(e)(2) may enroll in a qualified CCHBP health plan during \neither the 3-month period beginning on the date that such employer \nprovides such notice or the 3-month period beginning on the date that \nsuch employee begins working for such employer, whichever is later. \nSuch employee shall not be subject to any costs related to such \nemployee's pre-existing conditions if so enrolled during such period.\n (e) Enrollment Guides.--The Director shall provide for the broad \ndissemination of information on qualified CCHBP health plans offered \nunder this title. Such information shall be provided in a comparative \nmanner, similar to that used under FEHBP, and shall include \ninformation, collected through surveys of enrollees, on measures of \nenrollee satisfaction with the different plans.\n\nSEC. 7. PREMIUMS.\n\n The premiums established for a qualified CCHBP health plan under \nthis Act for individual or family coverage--\n (1) based on the rating system used under FEHBP; and\n (2) shall not vary based on age, gender, health status \n (including genetic information), or other factors.\n\nSEC. 8. HIGH-RISK REINSURANCE FUND.\n\n The Director shall establish an arrangement among the entities \noffering qualified health plans under which such entities contribute in \nan equitable manner (as determined by the Director) into a fund that \nprovides payment to plans for a percentage (specified by the Director \nand not to exceed 90 percent) of the costs that they incur for \nenrollees beyond a predetermined threshold specified by the Director. \nSuch fund shall be funded exclusively by such entities.\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``CCHBP-eligible individual'' means an \n individual described in section 5.\n (2) The term ``Director'' means the Director of the Office \n of Personnel Management.\n (3) The term ``FEHBP'' means the program under chapter 89 \n of title 5, United States Code.\n (4) The term ``qualified CCHBP health plan'' means a fee-\n for-service plan, health maintenance organization plan, high \n deductible health insurance plan, or other health insurance \n plan that meets the requirements for a health insurance plan \n under FEHBP and is offered through the CCHBP under this Act by \n an entity that is qualified to offer such plans.\n\nSEC. 10. EFFECTIVE DATE AND TREATMENT OF COLLECTIVE BARGAINING \n AGREEMENTS.\n\n (a) Effective Date.--Benefits shall first be made available under \nthis title for items and services furnished on or after the last day of \nthe 9-month period beginning on the date of the enactment of this Act.\n (b) Non-Preemption of Existing Collective Bargaining Agreements.--\nNothing in this Act shall be construed as preempting any collective \nbargaining agreement that is in effect as of the date of the enactment \nof this Act, during the period in which such agreement is in effect \n(without regard to any extension of such agreement effected as of such \ndate of enactment).","summary":"Simple Universal Healthcare Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish a Citizen's Congressional Health Benefits Program (CCHBP) to provide comprehensive health insurance coverage similar to coverage that has been provided to Members of Congress and federal employees, retirees, and their dependents under the Federal Employees Health Benefits Program (FEHBP) to: (1) federal elected officials. And (2) US residents who are not covered under FEHBP. Authorizes the Director to enter into contracts with entities for the offering of qualified CCHBP health plans in a manner similar to the process by which the Director is authorized to enter into contracts with entities under FEHBP. Requires any FEHBP health plan to be treated as a qualified CCHBP health plan. Requires CCHBP health plans to: (1) provide for the same scope and type of benefits that are provided under FEHBP. (2) provide a minimum level of preventive benefits determined by the Director, including vaccines for children and adults, an annual physical, cancer screening, and mental health parity. And (3) provide notice to any covered individual of any benefit or service that is not included in the calculation of the annual or lifetime out-of-pocket limit. Prohibits CCHBP health plans from imposing preexisting condition exclusions or otherwise discriminating based on health status with respect to individuals who enroll upon initial eligibility. Allows a plan to exclude an individual from enrolling based on a preexisting condition during an annual enrollment period after such individual's initial eligibility period. Lists eligibility requirements. Excludes individuals enrolled under FEHBP or other specified public health insurance programs and incarcerated individuals. Requires the Director to promulgate regulations for the use of the Systematic Alien Verification for Entitlements system to verify the legal presence and status of an individual, other than a US citizen, who seeks to enroll in a qualified CCHBP plan. Permits an employer to choose to participate in CCHBP and offer employees qualified CCHBP health plans as employer-sponsored health insurance.","title":"To establish a health benefits program, based on the Federal employees health benefits program, to provide health insurance coverage for the President, Vice President, and Members of Congress, and citizens not eligible for coverage under the Federal employees health benefits program.","text_len":15278,"sum_len":2190} {"bill_id":"108_hr5131","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Special Olympics Sport and \nEmpowerment Act of 2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Special Olympics celebrates the possibilities of a world \n where everybody matters, everybody counts, every person has value, \n and every person has worth.\n (2) The Government and the people of the United States \n recognize the dignity and value the giftedness of children and \n adults with an intellectual disability.\n (3) The Government and the people of the United States are \n determined to end the isolation and stigmatization of people with \n an intellectual disability.\n (4) For more than 36 years, Special Olympics has encouraged \n skill, sharing, courage, and joy through year-round sports training \n and athletic competition for children and adults with intellectual \n disabilities.\n (5) Special Olympics provides year-round sports training and \n competitive opportunities to 1,500,000 athletes with intellectual \n disabilities in 26 sports and plans to expand the joy of \n participation through sport to hundreds of thousands of people with \n intellectual disabilities within the United States and worldwide \n over the next 5 years.\n (6) Special Olympics has demonstrated its ability to provide a \n major positive effect on the quality of life of people with \n intellectual disabilities, improving their health and physical \n well-being, building their confidence and self-esteem, and giving \n them a voice to become active and productive members of their \n communities.\n (7) In society as a whole, Special Olympics has become a \n vehicle and platform for breaking down artificial barriers, \n improving public health, changing negative attitudes in education, \n and helping athletes overcome the prejudice that people with \n intellectual disabilities face in too many places.\n (8) The Government of the United States enthusiastically \n supports Special Olympics, recognizes its importance in improving \n the lives of people with intellectual disabilities, and recognizes \n Special Olympics as a valued and important component of the global \n community.\n (b) Purpose.--The purposes of this Act are to--\n (1) provide support to Special Olympics to increase athlete \n participation in and public awareness about the Special Olympics \n movement;\n (2) dispel negative stereotypes about people with intellectual \n disabilities;\n (3) build athletic and family involvement through sport; and\n (4) promote the extraordinary gifts of people with intellectual \n disabilities.\n\nSEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS.\n\n (a) Education Activities.--The Secretary of Education may award \ngrants to, or enter into contracts or cooperative agreements with, \nSpecial Olympics to carry out the following:\n (1) Activities to promote the expansion of Special Olympics, \n including activities to increase the participation of individuals \n with intellectual disabilities within the United States.\n (2) The design and implementation of Special Olympics education \n programs, including character education and volunteer programs that \n support the purposes of this Act, that can be integrated into \n classroom instruction and are consistent with academic content \n standards.\n (b) International Activities.--The Secretary of State may award \ngrants to, or enter into contracts or cooperative agreements with, \nSpecial Olympics to carry out the following:\n (1) Activities to increase the participation of individuals \n with intellectual disabilities in Special Olympics outside of the \n United States.\n (2) Activities to improve the awareness outside of the United \n States of the abilities and unique contributions that individuals \n with intellectual disabilities can make to society.\n (c) Healthy Athletes.--\n (1) In general.--The Secretary of Health and Human Services may \n award grants to, or enter into contracts or cooperative agreements \n with, Special Olympics for the implementation of on-site health \n assessments, screening for health problems, health education, data \n collection, and referrals to direct health care services.\n (2) Coordination.--Activities under paragraph (1) shall be \n coordinated with private health providers, existing authorized \n programs of State and local jurisdictions, or the Department of \n Health and Human Services, as applicable.\n (d) Limitation.--Amounts appropriated to carry out this section \nshall not be used for direct treatment of diseases, medical conditions, \nor mental health conditions. Nothing in the preceding sentence shall be \nconstrued to limit the use of non-Federal funds by Special Olympics.\n\nSEC. 4. APPLICATION AND ANNUAL REPORT.\n\n (a) Application.--\n (1) In general.--To be eligible for a grant, contract, or \n cooperative agreement under subsection (a), (b), or (c) of section \n 3, Special Olympics shall submit an application at such time, in \n such manner, and containing such information as the Secretary of \n Education, Secretary of State, or Secretary of Health and Human \n Services, as applicable, may require.\n (2) Content.--At a minimum, an application under this \n subsection shall contain the following:\n (A) Activities.--A description of activities to be carried \n out with the grant, contract, or cooperative agreement.\n (B) Measurable goals.--Information on specific measurable \n goals and objectives to be achieved through activities carried \n out with the grant, contract, or cooperative agreement.\n (b) Annual Report.--\n (1) In general.--As a condition on receipt of any funds under \n subsection (a), (b), or (c) of section 3, Special Olympics shall \n agree to submit an annual report at such time, in such manner, and \n containing such information as the Secretary of Education, \n Secretary of State, or Secretary of Health and Human Services, as \n applicable, may require.\n (2) Content.--At a minimum, each annual report under this \n subsection shall describe the degree to which progress has been \n made toward meeting the goals and objectives described in the \n applications submitted under subsection (a).\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated--\n (1) for grants, contracts, or cooperative agreements under \n section 3(a), $5,500,000 for fiscal year 2005, and such sums as may \n be necessary for each of the 4 succeeding fiscal years;\n (2) for grants, contracts, or cooperative agreements under \n section 3(b), $3,500,000 for fiscal year 2005, and such sums as may \n be necessary for each of the 4 succeeding fiscal years; and\n (3) for grants, contracts, or cooperative agreements under \n section 3(c), $6,000,000 for each of fiscal years 2005 through \n 2009.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States. Prohibits use of funds under this Act for direct treatment of diseases, medical conditions, or mental health conditions. Sets forth application and annual report requirements. Authorizes appropriations for FY 2005 through 2009.","title":"To provide assistance to Special Olympics to support expansion of Special Olympics and development of education programs and a Healthy Athletes Program, and for other purposes.","text_len":7346,"sum_len":710} {"bill_id":"109_hr6366","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``CTR Modernization Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are as follows:\n (1) To improve the quality and usefulness of currency \n transaction reports in criminal, tax, and regulatory \n investigations or proceedings.\n (2) To eliminate filing currency transaction reports \n related to many innocent, infrequent, or idiosyncratic deposit \n activities.\n (3) To further focus anti-money laundering investigations \n and prosecutions by reducing the number of spurious, \n duplicative, and innocent currency transaction reports and \n increasing the usefulness of suspicious activity reports.\n (4) To maintain the high degree of usefulness of currency \n transaction reports and adjust for inflation and current \n financial practices the threshold for currency transaction \n reports to a level consistent with the amount established \n pursuant to Public Law 91-508 upon the enactment of such Public \n Law in 1970.\n (5) To increase the usefulness of data collected through \n currency transaction reports and suspicious activity reports \n and for other purposes.\n\nSEC. 3. MODIFICATION OF CURRENCY TRANSACTION REPORTING THRESHOLD.\n\n (a) Threshold.--\n (1) Nondepository institutions.--The 1st sentence of \n section 5313(a) of title 31, United States Code, is amended by \n inserting ``, other than a depository institution,'' after \n ``domestic financial institution''.\n (2) Depository institutions.--Subsection (a) of section \n 5313 of title 31, United States Code, is amended by inserting \n after the 1st sentence (as amended by paragraph (1) of this \n subsection) the following new sentence: ``When a depository \n institution is involved in a transaction for the payment, \n receipt, or transfer of United States coins or currency (or \n other monetary instruments the Secretary of the Treasury \n prescribes), in an amount, denomination, or amount and \n denomination of not less than $30,000 and under circumstances \n the Secretary prescribes by regulation, the depository \n institution and any other participant in the transaction the \n Secretary may prescribe shall file a report on the transaction \n at the time and in the way the Secretary prescribes.''.\n (b) Regulation.--After the end of the 270-day period beginning on \nthe date of the enactment of the CTR Modernization Act, the Secretary \nof the Treasury shall not require a depository institution to file a \ncurrency transaction report when the transaction involves the transfer \nof currency of an amount and denomination of less than $30,000.\n (c) Technical and Conforming Amendment.--Subsection (c) of section \n5312 of title 31, United States Code, is amended by adding at the end \nthe following new paragraph:\n ``(2) Depository institution.--The term `depository \n institution' means any insured depository institution (as \n defined in section 3 of the Federal Deposit Insurance Act) and \n any insured credit union (as defined in section 101(7) of the \n Federal Credit Union Act).''.\n\nSEC. 4. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR \n INFLATION.\n\n Section 5318 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n ``(o) Periodic Review of Reporting Threshold and Adjustment for \nInflation.--\n ``(1) In general.--Before the end of the 5-year period \n beginning on the date of the enactment of the CTR Modernization \n Act and at least every 5 years after the expiration of such \n period, the secretary of the treasury shall--\n ``(A) solicit and review public comments about the \n appropriateness, relevance, and utility of the then-\n current threshold amount or denomination established by \n the Secretary;\n ``(B) review the continuing appropriateness, \n relevance, and utility of each threshold amount or \n denomination established by the Secretary, in the \n Secretary's discretion, for any report required by the \n Secretary under this subchapter; and\n ``(C) adjust such amount, at such time and in such \n manner as the Secretary considers appropriate but in no \n case later than 365 days following the expiration of \n the public comment period, for any inflation that the \n Secretary of the Treasury determines has occurred since \n the date any such amount was established or last \n adjusted, except that the Secretary of the Treasury \n shall not reduce such amount to an amount and \n denomination of less than $30,000.\n ``(2) Report.--Before the end of the 365-day period \n beginning upon the completion of any review by the Secretary of \n the Treasury under paragraph (1), the Secretary shall submit a \n report to the Congress containing the findings and conclusions \n of the Secretary in connection with such review, together with \n an explanation for any adjustment, or lack of adjustment, of \n any threshold amount or denomination by the Secretary as a \n result of such review, including the adjustment for \n inflation.''.\n\nSEC. 5. MODIFICATION OF EXEMPTION PROCESS.\n\n (a) Seasoned Customer Exemption.--Subsection (e) of section 5313 of \ntitle 31, United States Code, is amended to read as follows:\n ``(e) Qualified Customer Exemption.--\n ``(1) In general.--Before the end of the 270-day period \n beginning on the date of the enactment of the CTR Modernization \n Act, the Secretary of the Treasury shall prescribe regulations \n that exempt any depository institution from filing a report \n pursuant to this section in a transaction for the payment, \n receipt, or transfer of United States coins or currency (or \n other monetary instruments the Secretary of the Treasury \n prescribes) with a qualified customer of the depository \n institution.\n ``(2) Qualified customer defined.--For purposes of this \n section, the term `qualified customer', with respect to a \n depository institution, has such meaning as the Secretary of \n the Treasury shall prescribe, which shall include any person \n that--\n ``(A) is incorporated or organized under the laws \n of the United States or any State, including a sole \n proprietorship (as defined in 31 C.F.R. \n 103.22(d)(6)(vii), as in effect on May 10, 2006), or is \n registered as and eligible to do business within the \n United States or a State;\n ``(B) has maintained a deposit account with the \n depository institution for at least 12 months; and\n ``(C) has engaged, using such account, in multiple \n currency transactions that are subject to the reporting \n requirements of subsection (a).\n ``(3) Regulations.--\n ``(A) In general.--The Secretary of the Treasury \n shall prescribe regulations requiring a depository \n institution to file a 1-time notice of designation of \n exemption for each qualified customer of the depository \n institution.\n ``(B) Form and content of exemption notice.--The \n Secretary shall by regulation prescribe the form, \n manner, content, and timing of the qualified customer \n exemption notice and such notice shall include \n information sufficient to identify the qualified \n customer and the accounts of the customer.\n ``(C) Authority of secretary.--\n ``(i) In general.--The Secretary may \n suspend, reject, or revoke any qualified \n customer exemption notice, in accordance with \n criteria prescribed by the Secretary by \n regulation.\n ``(ii) Conditions.--The Secretary may \n establish conditions, in accordance with \n criteria prescribed by regulation, under which \n exempt qualified customers of an insured \n depository institution that is merged with or \n acquired by another insured depository \n institution will continue to be treated as \n designated exempt qualified customers of the \n surviving or acquiring institution.''.\n (b) 3-Year Review and Report.--Before the end of the 3-year period \nbeginning on the date of the enactment of this Act, the Secretary of \nthe Treasury, in consultation with the Attorney General, the Secretary \nof Homeland Security, the Federal banking agencies, the banking \nindustry, and such other persons as the Secretary deems appropriate, \nshall evaluate the operations and effect of the provisions of the \namendment made by subsection (a) and make recommendations to the \nCongress as to any legislative action with respect to such provision as \nthe Secretary may determine to be appropriate.\n\nSEC. 6. IDENTIFYING SUSPICIOUS ACTIVITY.\n\n Subsection 5318(g) of title 31, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(5) Guidance on when to file a report.--Before the end of \n the 270-day period beginning on the date of the enactment of \n the CTR Modernization Act, the Secretary of the Treasury shall \n prescribe regulations that provide guidance on examples of \n transactions that--\n ``(A) involved funds derived from illegal \n activities;\n ``(B) were designed to evade any requirements under \n this subchapter, chapter 2 of title I of Public Law 91-\n 508, or the Internal Revenue Code of 1986; and\n ``(C) have no business or apparent lawful \n purpose.''.\n\nSEC. 7. PROVIDING GENERAL INFORMATION REGARDING SUSPICIOUS ACTIVITY \n REPORT REQUIREMENTS.\n\n Subsection 5318(g) of title 31, United States Code, is amended by \ninserting after paragraph (5) (as added by section 6 of this Act) the \nfollowing new paragraph:\n ``(6) General notification to customers.--\n ``(A) In general.--Before the end of the 270-day \n period beginning on the date of the enactment of the \n CTR Modernization Act, the Secretary of the Treasury \n shall prescribe regulations that create a list of \n information that may be disclosed to customers prior to \n the reporting of suspicious activity.\n ``(B) Rule of construction.--Subparagraph (A) of \n this paragraph shall not be construed as creating any \n immunity from the notification prohibition under \n paragraph (2).''.","summary":"CTR Modernization Act - Amends federal law governing mandatory reports on currency transactions to exempt depository institutions from the requirement that all domestic financial institutions file a report on every domestic coin and currency transaction. Requires such a depository institution to file a currency transaction report, however, if the transaction involves at least $30,000. Prohibits the Secretary of the Treasury after a certain date from requiring a depository institution to file a currency transaction report regarding a transaction of less than $30,000. Directs the Secretary to: (1) review at least every five years the threshold for reporting currency transactions. And (2) adjust the threshold amount for inflation. Directs the Secretary to prescribe regulations that exempt any depository institution from reporting a currency transaction with a qualified customer. Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, or registered and eligible to do business within the United States or a state. (2) has maintained a deposit account with the depository institution for at least 12 months. And (3) has engaged, using such account, in multiple currency transactions subject to reporting requirements. Requires the Secretary to prescribe regulations that: (1) provide guidance on identifying currency transactions involving illegal or suspicious activities. And (2) create a list of information that may be disclosed to customers before the reporting of suspicious activity.","title":"To amend sections 5313 and 5318 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes.","text_len":11580,"sum_len":1551} {"bill_id":"109_s1367","text":"SECTION 1. PURPOSES.\n\n The purposes of this Act are as follows:\n (1) To grow the number of highly accomplished recent \n college graduates teaching in underserved urban and rural \n communities in the United States.\n (2) To increase the number of school districts and \n communities served by a nationally recruited corps of \n outstanding new teachers.\n (3) To build a broader pipeline of talented and experienced \n future leaders in public education and education reform.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) In general.--The terms ``highly qualified'', ``local \n educational agency'', and ``Secretary'' have the meanings given \n the terms in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801).\n (2) Grantee.--The term ``grantee'' means Teach For America, \n Inc.\n (3) High need.--The term ``high need'', when used with \n respect to a local educational agency, means a local \n educational agency experiencing a shortage of highly qualified \n teachers.\n\nSEC. 3. GRANT PROGRAM AUTHORIZED.\n\n The Secretary is authorized to award a grant to Teach For America, \nInc., the national teacher corps of outstanding recent college \ngraduates who commit to teach for 2 years in underserved communities in \nthe United States, to implement and expand its program of recruiting, \nselecting, training, and supporting new teachers.\n\nSEC. 4. GRANT REQUIREMENTS.\n\n In carrying out the grant program under section 3, the Secretary \nshall enter into an agreement with the grantee under which the grantee \nagrees to use the grant funds provided under this Act--\n (1) to provide highly qualified teachers to high need local \n educational agencies in urban and rural communities;\n (2) to pay the cost of recruiting, selecting, training, and \n supporting new teachers; and\n (3) to serve a substantial number and percentage of \n underserved students.\n\nSEC. 5. AUTHORIZED ACTIVITIES.\n\n (a) In General.--Grant funds provided under this Act shall be used \nby the grantee to carry out each of the following activities:\n (1) Recruiting and selecting teachers through a highly \n selective national process.\n (2) Providing preservice training to the teachers through a \n rigorous summer institute that includes hands-on teaching \n experience and significant exposure to education coursework and \n theory.\n (3) Placing the teachers in schools and positions \n designated by partner local educational agencies as high need \n placements serving underserved students.\n (4) Providing ongoing professional development activities \n for the teachers' first 2 years in the classroom, including \n regular classroom observations and feedback, and ongoing \n training and support.\n (b) Limitation.--The grantee shall use all grant funds received \nunder this Act to support activities related directly to the \nrecruitment, selection, training, and support of teachers as described \nin subsection (a).\n\nSEC. 6. EVALUATION.\n\n (a) Annual Report.--The grantee shall provide to the Secretary an \nannual report that includes--\n (1) data on the number and quality of the teachers provided \n to local educational agencies through a grant under this Act;\n (2) an externally conducted analysis of the satisfaction of \n local educational agencies and principals with the teachers so \n provided; and\n (3) comprehensive data on the background of the teachers \n chosen, the training the teachers received, the placement sites \n of the teachers, the professional development of the teachers, \n and the retention of the teachers.\n (b) Study.--\n (1) In general.--The Secretary shall provide for a study \n that examines the achievement levels of the students taught by \n the teachers assisted under this Act.\n (2) Achievement gains compared.--The study shall compare, \n within the same schools, the achievement gains made by students \n taught by teachers who are assisted under this Act with the \n achievement gains made by students taught by teachers who are \n not assisted under this Act.\n (3) Requirements.--The Secretary shall provide for such a \n study not less than once every 3 years, and each such study \n shall include multiple placement sites and multiple schools \n within placement sites.\n (4) Peer review standards.--Each such study shall meet the \n peer review standards of the education research community.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act such \nsums as may be necessary for fiscal year 2006 and an amount not to \nexceed $25,000,000 for each succeeding fiscal year.","summary":"Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers.","title":"A bill to provide for recruiting, selecting, training, and supporting a national teacher corps in underserved communities.","text_len":5050,"sum_len":182} {"bill_id":"106_s1435","text":"SECTION 1. VOLUNTEER MENTORING PROGRAMS.\n\n (a) In General.--Section 9 of the Small Business Administration Act \n(15 U.S.C. 638) is amended by adding at the end the following:\n ``(u) Volunteer Mentoring Programs.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `eligible association' means a \n national or regional association, organization, \n coalition, or other entity (including an individual) \n that represents small business concerns participating \n in SBIR or STTR programs under this section;\n ``(B) the term `qualified mentoring organization' \n means a small business concern that has successfully \n completed 1 or more SBIR or STTR funding agreements \n under this section; and\n ``(C) the term `low participation area' means an \n area within a State that, in the determination of the \n Administrator, receives a disproportionately low number \n of SBIR awards, as compared with other areas in the \n State or in the United States.\n ``(2) Grant authority.--In order to assist small business \n concerns in successfully completing the SBIR and STTR programs \n under this section, the Administration may award, on \n competitive basis, a grant to 1 or more eligible associations \n for use in accordance with paragraph (5).\n ``(3) Applications.--In order to be eligible to receive a \n grant under this subsection, an eligible association shall \n submit to the Administration an application in such form and \n containing such information as the Administration may require.\n ``(4) Amount of assistance.--The amount of a grant to an \n eligible association under this subsection shall be equal to \n not less than $50,000 and not more than $200,000. An eligible \n association that has received a grant under this subsection may \n reapply for 1 or more additional grants under this subsection, \n as may be necessary to carry out the program established and \n implemented with the initial grant in accordance with paragraph \n (5).\n ``(5) Use of assistance.--Amounts made available under a \n grant awarded under this subsection--\n ``(A) shall be used by the eligible association to \n establish and carry out a program under which 1 or more \n qualified mentoring organizations provide technical \n assistance (which may include marketing, proposal \n writing, government accounting, government audits, \n facilities and equipment, project management, human \n resources, phase III partners, commercialization, and \n venture capital networking) to small business concerns \n located in low participation areas in order to advise \n and guide them through the SBIR and STTR program \n processes from application to award and successful \n completion of each phase of the program; and\n ``(B) may be used to reimburse qualified mentoring \n organizations participating in the program--\n ``(i) for necessary out-of-pocket expenses \n incident to the provision of services by \n employees of such organizations under the \n program; and\n ``(ii) while employees of such \n organizations are providing such services away \n from their homes or regular places of business, \n for travel expenses (including per diem in lieu \n of subsistence) as authorized by section 5703 \n of title 5, United States Code, for individuals \n serving without pay, and for reasonable \n communications expenses (including telephone \n calls and facsimiles).\n ``(6) Status of employees of qualified mentoring \n organizations.--An employee of a qualified mentoring \n organization, while carrying out activities under a program \n carried out with grant awarded under this subsection--\n ``(A) shall be deemed to be a Federal employee for \n purposes of the Federal tort claims provisions in title \n 28, United States Code; and\n ``(B) for purposes of subchapter I of chapter 81 of \n title 5, United States Code (relative to compensation \n to Federal employees for work injuries) shall be deemed \n to be a civil employee of the United States within the \n meaning of the term ``employee'' as defined in section \n 8101 of title 5, United States Code, and the provisions \n of that subchapter shall apply to such employee, except \n that in computing compensation benefits for disability \n or death, the monthly pay of such employee shall be \n deemed to be that received under the entrance salary \n for a grade GS-11 employee.\n ``(7) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection $1,000,000 for \n each fiscal year.''.\n (b) Regulations.--\n (1) In general.--Not later than 180 days after the date of \n enactment of this Act, the Administrator of the Small Business \n Administration shall issue final regulations to implement \n section 9(u) of the Small Business Act, as added by this \n section.\n (2) Maximum amount.--Not later than 18 months after the \n date on which regulations are issued under paragraph (1), the \n Administrator of the Small Business Administration shall submit \n to the Committees on Small Business of the House of \n Representatives and the Senate a report, which shall include \n recommendations regarding any change in the maximum grant \n amount under section 9(u)(4) of the Small Business Act, as \n added by this section.","summary":"Amends the Small Business Act to authorize the Small Business Administration (SBA), in order to assist small businesses in successfully completing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, to award, on a competitive basis, a grant to one or more eligible associations to establish and carry out a program under which one or more qualified mentoring organizations provide technical assistance to small businesses located in low participation areas in order to advise and guide them through the SBIR and STTR processes from application and award through successful program completion. Authorizes appropriations for such grants. Requires a report from the SBA Administrator to the small business committees regarding recommended changes in maximum grant amounts .","title":"A bill to amend section 9 of the Small Business Act to provide for the establishment of volunteer mentoring programs.","text_len":6434,"sum_len":820} {"bill_id":"114_hr6157","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Contact Lens Consumer Health \nProtection Act of 2016''.\n\nSEC. 2. IMPROVEMENT OF CONTACT LENS PRESCRIBER VERIFICATION PROCESS.\n\n (a) In General.--Section 4 of the Fairness to Contact Lens \nConsumers Act (15 U.S.C. 7603) is amended--\n (1) in subsection (c), by adding at the end the following:\n ``(7) A toll-free telephone number and email address for \n prescribers to call or email with questions relating to a \n verification request, as required under subsection (i).'';\n (2) in subsection (d)(3)--\n (A) by striking ``, or a similar time as defined by \n the Federal Trade Commission,'';\n (B) by inserting ``(A)'' before ``The prescriber''; \n and\n (C) by adding at the end the following:\n ``(B) If a prescriber communicates a question or concern \n about the accuracy of the prescription, or any other matter \n relating to the verification of the prescription, to a seller \n through the toll-free telephone service or dedicated email \n address required under subsection (i) before such 8-business-\n hour period has ended, the prescription shall be considered \n unverified until the seller obtains affirmative confirmation of \n the accuracy of the prescription from the prescriber.'';\n (3) by redesignating subsections (e) through (g) as \n subsections (f) through (h), respectively;\n (4) by amending subsection (f), as redesignated by \n paragraph (3), to read as follows:\n ``(f) Invalid Prescriptions and Questions Concerning Accuracy.--\n ``(1) Invalid prescriptions.--If a prescriber informs a \n seller before the deadline set forth in subparagraph (A) of \n subsection (d)(3) that the contact lens prescription is \n inaccurate, expired, or otherwise invalid--\n ``(A) the seller shall not fill the prescription; \n and\n ``(B) the prescriber shall specify the basis for \n the inaccuracy or invalidity of the prescription.\n ``(2) Questions concerning accuracy.--If a prescriber \n communicates a question or concern about the accuracy of a \n prescription as described in subsection (d)(3)(B) before the \n deadline set forth in such subsection--\n ``(A) the seller shall not fill the prescription; \n and\n ``(B) the prescriber shall provide the seller with \n an accurate prescription.\n ``(3) Correction.--In any case, if the prescription \n communicated by the seller to the prescriber is inaccurate, the \n prescriber shall correct it.'';\n (5) by adding after subsection (d) the following:\n ``(e) Prescriber Preferred Method of Communication.--\n ``(1) In general.--A prescriber may provide written \n notification to a seller requesting that all requests for \n verification from that seller be communicated to that \n prescriber by that prescriber's preferred method or methods of \n communication, selected from among the methods of communication \n offered by the seller pursuant to paragraph (2).\n ``(2) Methods offered.--Each seller shall offer a \n prescriber methods for communication for selection as the \n prescriber's preferred method or methods of communication under \n paragraph (1). Such offer--\n ``(A) shall include--\n ``(i) live telephone;\n ``(ii) facsimile; and\n ``(iii) email; and\n ``(B) may include such additional methods of \n communication as the seller considers appropriate.\n ``(3) Requirement.--In a case in which a prescriber, \n pursuant to paragraph (1), provides written notification to a \n seller indicating a preferred method or methods of \n communication as described in such paragraph, the seller may \n only request verification from the prescriber through the \n method or methods indicated.''; and\n (6) by inserting after subsection (h), as redesignated by \n paragraph (3), the following:\n ``(i) Telephone Service and Dedicated Email Address.--\n ``(1) In general.--A seller of contact lenses who requests \n verification of any contact lens prescription shall provide--\n ``(A) a toll-free telephone service that is \n operable during regular business hours and operated by \n live persons; and\n ``(B) a dedicated email address for the sole \n purpose of responding to prescribers' questions and \n concerns regarding verification requests.\n ``(2) Capacity.--Such toll-free telephone service shall \n maintain a sufficient number of working telephone lines \n operated by live persons to enable ready access by prescribers \n to the service.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the date that is 180 days after the date of the \nenactment of this Act.\n\nSEC. 3. MODIFICATION OF PROHIBITION ON ALTERATION OF CONTACT LENS \n PRESCRIPTIONS.\n\n (a) In General.--Subsection (f) of section 4 of the Fairness to \nContact Lens Consumers Act (15 U.S.C. 7603) is amended to read as \nfollows:\n ``(f) No Alteration.--\n ``(1) In general.--A seller may not alter a contact lens \n prescription and when dispensing a contact lens prescription, \n may only dispense such prescription exactly as written by the \n prescriber.\n ``(2) Private labels.--In a case in which a private label \n contact lens is included on the contact lens prescription and \n the same contact lens is manufactured by the same company and \n sold under multiple labels to individual providers, the seller \n may fill the prescription with a contact lens of exactly the \n same material, design, and power as manufactured by that \n company under another label.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date that is 180 days after the date of the \nenactment of this Act.\n\nSEC. 4. REQUIREMENTS FOR IMPROVED RECORDKEEPING BY SELLERS OF CONTACT \n LENSES.\n\n Section 4(b) of the Fairness to Contact Lens Consumers Act (15 \nU.S.C. 7603(b)) is amended--\n (1) by striking ``A seller'' and inserting the following:\n ``(1) Communications generally.--A seller''; and\n (2) by adding at the end the following:\n ``(2) Prescriptions.--Each seller shall maintain a database \n that includes, for each prescription received by a seller, the \n following:\n ``(A) The date on which the prescription was \n issued.\n ``(B) The specified expiration date of the \n prescription.\n ``(3) Preferred methods of communication.--For each written \n notification that a seller receives under subsection (e)(1), \n the seller shall keep a copy of such notification for a period \n of not less than 3 years.''.\n\nSEC. 5. PROHIBITION ON REPRESENTATION IN ADVERTISING THAT PRESCRIPTIONS \n FOR CONTACT LENSES MAY BE FILLED AFTER EXPIRATION DATE.\n\n Section 6 of the Fairness to Contact Lens Consumers Act (15 U.S.C. \n7605) is amended--\n (1) by striking ``that contact'' and inserting the \n following: ``that--\n ``(1) contact'';\n (2) in paragraph (1), as designated by paragraph (1) of \n this section, by striking the period at the end and inserting \n ``; or''; and\n (3) by adding at the end the following:\n ``(2) a prescription for a contact lens may be filled after \n the expiration date of the prescription.''.\n\nSEC. 6. INCREASED PENALTIES FOR SELLERS OF CONTACT LENSES WHO VIOLATE \n REQUIREMENTS RELATING TO PRESCRIBER VERIFICATION.\n\n (a) In General.--Subsection (b) of section 9 of the Fairness to \nContact Lens Consumers Act (15 U.S.C. 7608) is amended by striking the \nperiod at the end and inserting ``, except that fines imposed for a \nviolation of section 4 of this Act may be in an amount up to $40,000 \nper violation.''.\n (b) Clarification of Applicability.--Such section is further \namended by adding at the end the following new subsection:\n ``(c) Applicability.--This chapter shall apply to all sales of \ncontact lenses in the United States and the sellers involved in such \nsales, notwithstanding where the seller is located.''.\n\nSEC. 7. CONTACT LENS CONSUMER COMPLIANCE AND SAFETY STUDY.\n\n (a) Study Required.--The Secretary of Health and Human Services, \nacting through the Director of the Centers for Disease Control and \nPrevention, shall conduct a study to examine the adverse and \npotentially adverse effects on consumers of violations by sellers of \nthe Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.), as \namended by section 2, particularly with respect to matters regarding \nprescription verification, business practices, and enforcement by the \nFederal Trade Commission of such Act.\n (b) Elements.--The study required by subsection (a) shall \nspecifically address the following:\n (1) The overfilling of prescriptions with quantities of \n lenses such that the normal expiration dates of the \n prescriptions will be exceeded.\n (2) The dispensing of prescriptions that have expired or \n are inaccurate.\n (3) The failure by a seller to allow prescribers to contact \n the seller within 8 business hours to advise that a \n prescription is inaccurate or expired.\n (4) The health risks to the consumer of receiving an \n incorrect prescription from a seller, or issues with patient \n access to the medically prescribed contact lenses.\n (5) The economic risks to the consumer of receiving an \n incorrect prescription from a seller.\n (6) The improper advertising to consumers about what \n constitutes a valid prescription or valid prescription \n information, or advertising that no prescription is needed.\n (7) Such other matters regarding the effects on the health \n of the consumers from violations of the verification or sales \n requirements of the Fairness to Contact Lens Consumers Act (15 \n U.S.C. 7601 et seq.) as the Secretary considers appropriate.\n (c) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary shall submit to Congress and the Federal \nTrade Commission a report on the study required by subsection (a).\n\nSEC. 8. MODIFICATION OF DEFINITIONS.\n\n (a) In General.--Section 11 of the Fairness to Contact Lens \nConsumers Act (15 U.S.C. 7610) is amended--\n (1) in paragraph (3), by amending subparagraph (E) to read \n as follows:\n ``(E) Power, material, manufacturer, or device \n name.''; and\n (2) by adding at the end the following:\n ``(4) Business hour.--The term `business hour' means, with \n respect to a prescriber, any hour during a business day within \n the period beginning at 9:00 in the morning and ending at 5:00 \n in the evening in the time zone of the prescriber.\n ``(5) Business day.--The term `business day' means any day \n other than Saturday and Sunday and other than a legal holiday \n (within the meaning of section 7503 of the Internal Revenue \n Code of 1986).''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the date that is 180 days after the date of the \nenactment of this Act.","summary":"Contact Lens Consumer Health Protection Act of 2016 This bill amends the Fairness to Contact Lens Consumers Act to require contact lens sellers to provide a toll-free telephone number and email address that prescribers can use to ask questions about a seller's prescription verification request. Under current law, a prescription is considered verified if the prescriber fails to communicate with the seller within eight business hours after receiving the seller-provided verification information. The bill requires the prescription to be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber in cases where a prescriber communicates a question or concern about the accuracy or verification of the prescription to a seller through the toll-free telephone service or email address before the end of that eight-hour period. The bill removes the Federal Trade Commission's authority to adjust the eight-hour period. If a prescriber communicates a question or concern about the accuracy of a prescription before the deadline: (1) the seller shall not fill the prescription, and (2) the prescriber shall provide the seller with an accurate prescription. Sellers must offer prescribers different communication methods that the prescribers may select as their preferred method for verification requests. The bill allows a seller to alter a prescription only if: (1) a private label contact lens is included on the prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers. And (2) the seller fills the prescription with a contact lens of exactly the same material, design, and power as manufactured by that company under another label. Sellers must maintain a database of the issuance and expiration dates of each prescription they receive. The bill prohibits advertisements representing that a contact lens prescription may be filled after the prescription expires. Sellers violating certain prescriber verification requirements are subject to increased penalties of up to $40,000 per violation. Such requirements apply to all contact lens sales in the United States, notwithstanding where the seller is located. The Centers for Disease Control and Prevention must examine the potentially adverse effects of seller violations on consumers.","title":"Contact Lens Consumer Health Protection Act of 2016","text_len":12096,"sum_len":2379} {"bill_id":"111_s3907","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Debbie Blanchard Access to Health \nCare for Individuals With Disabilities Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n (1) According to the Bureau of the Census, approximately 1 \n in 5 people in the United States lives with some sort of \n physical disability.\n (2) More than 54,000,000 individuals in the United States \n report some level of disability and approximately 34,000,000 of \n such individuals are classified as having a severe disability.\n (3) An estimated 11,000,000 individuals aged 6 and older \n need personal assistance with everyday activities, including \n taking a bath or shower, preparing meals, and getting around \n the home.\n (4) Five percent of the United States population over age \n 15 uses a wheelchair or similar device, cane, crutches, or \n walker.\n (5) The number of individuals with physical disabilities \n continues to increase, and the Centers for Disease Control and \n Prevention recently announced that the agency was revising its \n estimate of the number of individuals with spina bifida, the \n most common permanently disabling birth defect in the United \n States, from an estimated 70,000 to an estimated 166,000.\n (6) Studies have found that individuals with disabilities \n have significant difficulty in accessing routine and \n specialized health care and that numerous barriers to acquiring \n health care exist for such individuals.\n (7) Approximately 1 in 3 women with a disability reports \n being denied services at a physician's office solely because of \n her disability.\n (8) Research shows that women with disabilities are less \n likely to have pap smears and mammograms, are more likely to be \n diagnosed with breast cancer at later stages of the disease, \n are less likely to receive standard treatments, and are more \n likely to have worse outcomes.\n (9) Individuals with disabilities report that one of the \n top barriers to accessing necessary health care is the \n inability to find an accessible health care provider or \n identify providers who understand how to treat individuals with \n disabilities and who are willing to have such individuals as \n patients.\n (10) The Spina Bifida Association recently announced that \n one of its volunteers, Debbie Blanchard, a woman who lived with \n spina bifida for 55 years, died from a late stage diagnosis of \n cervical cancer stemming from her inability to find a health \n care provider in her community who had an examination table \n that would lower to the level necessary for her to comfortably \n and safely transfer from her wheelchair to the examination \n table so she could be screened for cervical cancer.\n (11) Organizations representing individuals with \n disabilities report that such individuals need more and better \n information regarding accessible health care providers in their \n communities and additional support and resources to help ensure \n that such individuals receive the care they need and deserve.\n\nSEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH \n DISABILITIES.\n\n Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) \nis amended by adding after part V the following:\n\n ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS \n WITH DISABILITIES\n\n``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE \n PROVIDER DIRECTORIES.\n\n ``(a) In General.--The Secretary shall award grants to States for \nthe purpose of developing and maintaining or updating and improving \nState-based, Internet directories of health care providers that are \nknown to have entrances, examination rooms, and examination tables \naccessible to individuals with disabilities. Such grants shall be \nformula-based, factoring in each State's population of individuals with \ndisabilities.\n ``(b) Definition.--In this part, the term `individual with a \ndisability' has the meaning given such term in section 7(20) of the \nRehabilitation Act of 1973.\n ``(c) Requirement of Application.--To be eligible to receive a \ngrant under this section, a State shall submit to the Secretary an \napplication at such time, in such manner, and containing such \nagreements, assurances, and information as the Secretary may require. \nApplications shall explain how individuals with disabilities and health \ncare providers may submit information for inclusion in the Internet \ndirectory of the State.\n ``(d) Authorized Activities.--\n ``(1) In general.--Recipients of a grant under this section \n shall use grant funds to--\n ``(A) develop and maintain an Internet directory or \n other such publicly available directory of information \n regarding individual providers, clinics, hospitals, and \n other health care facilities and providers in the State \n that are known to have entrances, examination rooms, \n and examination tables accessible to individuals with \n disabilities; or\n ``(B) update or improve an existing, publicly \n available directory of information regarding individual \n providers, clinics, hospitals, and other health care \n facilities and providers in the State that are known to \n have entrances, examination rooms, and examination \n tables accessible to individuals with disabilities.\n ``(2) Directory contents.--Each directory developed and \n maintained by a grant recipient, as described in paragraph \n (1)(A) or updated and improved by a grant recipient, as \n described in paragraph (1)(B), shall include--\n ``(A) the full name, address, and telephone number \n of each provider, clinic, hospital, and health care \n facility included in the directory; and\n ``(B) specific information about the accommodations \n provided by each such provider, clinic, hospital, and \n health care facility to individuals with disabilities.\n\n``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED \n FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH \n DISABILITIES.\n\n ``(a) Pilot Program.--\n ``(1) In general.--The Secretary, acting through the Office \n on Disability of the Department of Health and Human Services \n and in collaboration with national organizations representing \n individuals with disabilities and health professional \n societies, shall establish a pilot program to increase the \n awareness of health care providers of the need to offer \n accessible environments and examination rooms and examination \n tables for individuals with disabilities and to increase \n voluntary compliance with Federal accessibility requirements.\n ``(2) Development and dissemination of resources.--The \n Secretary shall ensure that, under the pilot program \n established under paragraph (1), resources are developed for, \n and distributed to, health care providers to increase awareness \n of the need to offer accessible environments and examination \n rooms and examination tables for individuals with disabilities. \n Such resources shall include supportive information with \n respect to--\n ``(A) accommodating individuals with disabilities;\n ``(B) modifications that can be made to physical \n environments to ensure accessibility; and\n ``(C) training regarding how to safely accommodate \n an individual in a wheelchair.\n ``(3) Targeted providers.--The pilot program shall be \n designed to target health care professionals and health care \n providers, including--\n ``(A) primary care providers, such as physicians, \n nurse practitioners, and physician assistants, and the \n individuals who answer the telephones in the offices of \n such providers;\n ``(B) dentists and the individuals who answer the \n telephones in the offices of dentists;\n ``(C) health care clinics, including community \n health centers and radiology and imaging centers;\n ``(D) inpatient and outpatient hospitals, \n ambulatory surgery centers, urgent care centers, and \n rehabilitation facilities; and\n ``(E) specialists, such as obstetricians and \n gynecologists.\n ``(4) Program materials and messages.--Any materials and \n messages of the pilot program, including the resources designed \n and distributed as described in paragraph (2), shall reflect \n and incorporate information, findings, and materials otherwise \n developed by the Federal Government, such as information \n available through the `Right to Know Health Promotion Campaign' \n of the Centers for Disease Control and Prevention, and shall be \n field-tested and presented to focus groups to ensure \n effectiveness.\n ``(5) Program evaluation.--The Secretary shall conduct an \n evaluation of the effectiveness of the pilot program and make \n any necessary revisions to the program to ensure effectiveness \n and support in nationwide implementation of the program.\n ``(b) Information for Individuals With Disabilities.--\n ``(1) In general.--The Secretary, acting through the Office \n on Disability of the Department of Health and Human Services, \n in collaboration with national organizations representing \n individuals with disabilities, shall develop and disseminate \n resources to support individuals with disabilities in finding \n providers that are accessible to such individuals.\n ``(2) Contents.--The resources described in paragraph (1) \n shall--\n ``(A) include a concise list of questions for \n individuals with disabilities to ask when calling a \n health care provider for the first time to schedule an \n appointment, and suggestions for explaining the special \n needs of such individual to the provider and for \n seeking accommodation from the provider;\n ``(B) be culturally appropriate and at appropriate \n literacy levels for the target audience;\n ``(C) reflect and incorporate information, \n findings, and materials otherwise developed by the \n Federal Government, such as information available \n through the `Right to Know Health Promotion Campaign' \n of the Centers for Disease Control and Prevention;\n ``(D) be field-tested and presented to focus groups \n to ensure effectiveness; and\n ``(E) be disseminated on the Internet and through \n other means to ensure that individuals with \n disabilities receive support and assistance in their \n efforts to identify accessible health care providers in \n their communities.\n\n``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS.\n\n ``(a) Establishment of the Advisory Committee.--The Secretary shall \nestablish a National Advisory Committee on Access to Health Care for \nIndividuals With Disabilities (referred to in this section as the \n`Advisory Committee') to support implementation of this part and to \nensure interagency coordination of efforts to improve access to care \nfor individuals with disabilities.\n ``(b) Responsibilities.--The responsibilities of the Advisory \nCommittee shall include--\n ``(1) reviewing applications for grants under section \n 399OO;\n ``(2) evaluating the grant program under section 399OO;\n ``(3) reviewing and providing feedback on the resources and \n other materials developed under section 399OO-1;\n ``(4) assisting with the dissemination of the information \n and resources developed under sections 399OO and 399OO-1; and\n ``(5) ensuring coordination of efforts within the \n Department of Health and Human Services to increase access to \n care for individuals with disabilities and to disseminate \n information regarding accessible entrances, examination rooms, \n and tables of health care providers.\n ``(c) Membership.--\n ``(1) In general.--The members of the Advisory Committee \n shall include representatives of--\n ``(A) the Office on Disability of the Department of \n Health and Human Services;\n ``(B) the Office of Minority Health of the \n Department of Health and Human Services;\n ``(C) the Office for Civil Rights of the Department \n of Health and Human Services;\n ``(D) the Health Resources and Services \n Administration, including the Bureau of Primary Health \n Care, the Office of Minority Health and Health \n Disparities, and the Office of Equal Opportunity and \n Civil Rights of such administration;\n ``(E) the Centers for Disease Control and \n Prevention;\n ``(F) the Agency for Healthcare Research and \n Quality;\n ``(G) the Centers for Medicare & Medicaid Services;\n ``(H) other Federal agencies, such as the \n Department of Veterans Affairs, as appropriate;\n ``(I) at least 5 private nonprofit organizations \n that are dedicated to improving the quality of life of, \n and facilitating access to health care for, individuals \n with disabilities; and\n ``(J) at least 3 health professional societies.\n ``(2) Voluntary service.--Members of the Advisory Committee \n shall serve without compensation.\n\n``SEC. 399OO-3. REPORT TO CONGRESS.\n\n ``The Secretary shall, not later than 1 year after the date of \nenactment of this part and annually thereafter, submit to Congress a \nreport summarizing the activities, findings, outcomes, and \nrecommendations resulting from the grant and pilot programs and other \nactivities under this part.\n\n``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this part, \nsuch sums as may be necessary for fiscal years 2011 through 2015.''.","summary":"Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants to states to develop, maintain, and improve Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables that are accessible to individuals with disabilities. Requires the Secretary, acting through the Office on Disability of HHS, to: (1) establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments, examination rooms, and examination tables for individuals with disabilities and to increase voluntary compliance with federal accessibility requirements. And (2) develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals, which shall include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment and suggestions for explaining the special needs of such individuals to the provider and for seeking accommodation from the provider. Requires the Secretary to establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities to support implementation of this Act and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities.","title":"A bill to amend the Public Health Service Act to increase access to health care for individuals with disabilities and increase awareness of the need for health care facilities and examination rooms to be accessible for individuals with disabilities, and for other purposes.","text_len":15274,"sum_len":1500} {"bill_id":"113_hr3862","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Water Affordability Act of \n2014''.\n\nSEC. 2. INTEGRATED PERMITTING PROCESS.\n\n (a) In General.--Section 402(a) of the Federal Water Pollution \nControl Act (33 U.S.C. 1342(a)) is amended by adding at the end the \nfollowing:\n ``(6) Integrated permits.--\n ``(A) Definition of publicly owned permittee.--In \n this paragraph, the term `publicly owned permittee' \n means either--\n ``(i) a treatment works (as defined in \n section 212) that is publicly owned; or\n ``(ii) a municipal separate storm sewer \n system referred to in this section.\n ``(B) Planning approach.--The Administrator shall \n establish a comprehensive and integrated planning \n approach to the obligations under this section of a \n publicly owned permittee--\n ``(i) under which permit obligations may be \n implemented according to a schedule that--\n ``(I) accounts for the financial \n capability of the publicly owned \n permittee;\n ``(II) prioritizes permit \n obligations according to the most cost-\n effective and environmentally \n beneficial outcomes;\n ``(III) accounts for the \n preexisting maintenance, operational, \n and regulatory obligations of the \n publicly owned permittee under this \n section; and\n ``(IV) enables the publicly owned \n permittee to implement innovative \n approaches to meet those obligations; \n and\n ``(ii) that accounts for changed \n circumstances in the obligations of the \n publicly owned permittee, such as--\n ``(I) new innovative treatment \n approaches;\n ``(II) new regulatory requirements; \n and\n ``(III) changes in financial \n capability.''.\n (b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water \nPollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting \nbefore the semicolon at the end the following: ``, except that a permit \nwith a term of more than 5 years but not more than 25 years may be \napproved if the permittee has an approved integrated plan established \nunder subsection (a)(6)''.\n\nSEC. 3. UPDATING OF GUIDANCE.\n\n (a) Definitions.--In this section, the following definitions apply:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Affordability.--The term ``affordability'' means, with \n respect to payment of a utility bill, a measure of whether an \n individual customer or household can pay the bill without undue \n hardship or unreasonable sacrifice in the essential lifestyle \n or spending patterns of the individual or household, as \n determined by the Administrator.\n (3) Financial capability.--The term ``financial \n capability'' means the financial capability of a community to \n make investments necessary to make water quality-related \n improvements, taking into consideration the criteria described \n in subsection (b)(2)(A).\n (4) Guidance.--The term ``guidance'' means the guidance \n published by the Administrator entitled ``Combined Sewer \n Overflows--Guidance for Financial Capability Assessment and \n Schedule Development'' and dated February 1997, as applicable \n to combined sewer overflows and sanitary sewer overflows.\n (b) Updating.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Administrator shall update the \n guidance to ensure that the evaluations by the Administrator of \n financial capability assessment and schedule development meet \n the criteria described in paragraph (2).\n (2) Criteria.--The criteria described in this paragraph are \n that, under the updated guidance--\n (A) in assessing the financial capability of a \n community--\n (i) greater emphasis should be placed on \n local economic conditions;\n (ii) for regional systems, consideration \n should be given to the economic conditions of \n political jurisdictions and significant \n demographic groups within each region;\n (iii) prescriptive formulas for use in \n calculating financial capability and thresholds \n for expenditure should not be considered to be \n the only indicator of the financial capability \n of a community;\n (iv) site-specific local conditions should \n be taken into consideration in analyzing \n financial capability;\n (v) a single measure of financial \n capability or affordability (such as median \n household income) should be viewed in the \n context of other economic measures, rather than \n as a threshold to be achieved; and\n (vi)(I) consideration should be given to \n the economic outlook of a community, including \n the potential impact of program requirements \n over time, in the development of implementation \n schedules; and\n (II) the assessment should take into \n consideration other essential community \n investments relating to water quality \n improvements;\n (B) with respect to the timing of implementation of \n water quality-related improvements--\n (i) environmental improvement \n implementation schedules should be structured \n to mitigate the potential adverse impact on \n distressed populations resulting from the costs \n of the improvements;\n (ii) implementation schedules should \n reflect local community financial conditions \n and economic impacts;\n (iii) implementation schedules should allow \n permittees up to 30 years to implement water \n quality-related improvements in appropriate \n cases in which the cost of implementing the \n improvements places a high financial burden on \n the permittee; and\n (iv) existing implementation schedules \n should be modified in appropriate cases taking \n into consideration the criteria set forth in \n this subparagraph;\n (C) with respect to implementation--\n (i) a determination of local financial \n capability may be achieved through an \n evaluation of an array of factors the relative \n importance of which may vary across regions and \n localities; and\n (ii) an appropriate methodology should give \n consideration to such various factors as are \n appropriate to recognize the prevailing and \n projected economic concerns in a community; and\n (D) the residential indicator should be revised to \n include--\n (i) a consideration of costs imposed upon \n ratepayers for essential utilities;\n (ii) increased consideration and \n quantification of local community-imposed costs \n in regional systems;\n (iii) a mechanism to assess impacts on \n communities with disparate economic conditions \n throughout the entire service area of a \n utility;\n (iv) a consideration of the industrial and \n population trends of a community;\n (v) recognition that--\n (I) the median household income of \n a service area reflects a numerical \n median rather than the distribution of \n incomes within the service area; and\n (II) more representative methods of \n determining affordability, such as \n shelter costs, essential utility \n payments, State affordability criteria, \n and State and local tax efforts, should \n be considered;\n (vi) a consideration of low-income \n ratepayer percentages; and\n (vii) impacts relating to program delivery, \n such as water quality infrastructure market \n saturation and program management.\n (3) Implementation.--The updated guidance should indicate \n that, in a case in which a previously approved long-term \n control plan or associated enforceable agreement does not \n prohibit modification of the plan or terms of the agreement \n (including financial capability considerations), and all \n parties are in agreement that a change is needed or that the \n plan or agreement does not prohibit reopening to address \n changes in the economic or financial status of the community \n since the effective date of the plan or agreement, \n reconsideration and modification of financial capability \n determinations and implementation schedules based on the \n criteria described in paragraph (2) is appropriate.\n (4) Applicability.--The Administrator shall apply the \n updated guidance, including the criteria described in paragraph \n (2), to each determination and analysis of affordability, \n financial capability, or widespread and substantial economic \n impact related to implementation of a program under the Federal \n Water Pollution Control Act (33 U.S.C. 1251 et seq.).\n (c) Publication and Submission.--Upon completion of the updating of \nguidance under subsection (b), the Administrator shall publish in the \nFederal Register and submit to the Committee on Environment and Public \nWorks of the Senate and the Committee on Transportation and \nInfrastructure of the House of Representatives the updated guidance.\n\nSEC. 4. CAPITALIZATION GRANT AGREEMENTS.\n\n Section 602(b) of the Federal Water Pollution Control Act (33 \nU.S.C. 1382(b)) is amended--\n (1) by striking ``and'' at the end of paragraph (9);\n (2) by striking the period at the end of paragraph (10) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(11) the State will use at least 15 percent of the amount \n of each capitalization grant received by the State under this \n title after September 30, 2015, to provide assistance to \n municipalities of fewer than 10,000 individuals that meet the \n affordability criteria established by the State under section \n 603(i)(2) for activities included on the State's priority list \n established under section 603(g), to the extent that there are \n sufficient applications for such assistance.''.\n\nSEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.\n\n (a) Extended Repayment Period.--Section 603(d)(1) of the Federal \nWater Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--\n (1) in subparagraph (A) by striking ``20 years'' and \n inserting ``the lesser of 30 years or the design life of the \n project to be financed with the proceeds of the loan''; and\n (2) in subparagraph (B) by striking ``not later than 20 \n years after project completion'' and inserting ``upon the \n expiration of the term of the loan''.\n (b) Additional Subsidization.--Section 603 of such Act (33 U.S.C. \n1383) is amended by adding at the end the following:\n ``(i) Additional Subsidization.--\n ``(1) In general.--In any case in which a State provides \n assistance to a municipality or intermunicipal, interstate, or \n State agency under subsection (d), the State may provide \n additional subsidization, including forgiveness of principal, \n negative interest loans, and grants to benefit a municipality \n that--\n ``(A) meets the State's affordability criteria \n established under paragraph (2); or\n ``(B) does not meet the State's affordability \n criteria if the recipient--\n ``(i) seeks additional subsidization to \n benefit individual ratepayers in the \n residential user rate class; and\n ``(ii) demonstrates to the State that such \n ratepayers will experience a significant \n hardship from the increase in rates necessary \n to finance the project or activity for which \n assistance is sought.\n ``(2) Affordability criteria.--\n ``(A) Establishment.--On or before September 30, \n 2015, and after providing notice and an opportunity for \n public comment, a State shall establish affordability \n criteria to assist in identifying municipalities that \n would experience a significant hardship raising the \n revenue necessary to finance a project or activity \n eligible for assistance under section 603(c)(1) if \n additional subsidization is not provided. Such criteria \n shall be based on income data, population trends, and \n other data determined relevant by the State, including \n whether the project or activity is to be carried out in \n an economically distressed area, as described in \n section 301 of the Public Works and Economic \n Development Act of 1965 (42 U.S.C. 3161).\n ``(B) Existing criteria.--If a State has previously \n established, after providing notice and an opportunity \n for public comment, affordability criteria that meet \n the requirements of subparagraph (A), the State may use \n the criteria for the purposes of this subsection. For \n purposes of this Act, any such criteria shall be \n treated as affordability criteria established under \n this paragraph.\n ``(C) Information to assist states.--The \n Administrator may publish information to assist States \n in establishing affordability criteria under \n subparagraph (A).\n ``(3) Use of capitalization grants.--A State shall use not \n less than 20 percent but not more than 30 percent of the amount \n of the capitalization grants received by the State under this \n title in fiscal years beginning after September 30, 2015, to \n provide additional subsidization to eligible recipients under \n paragraph (1).''.","summary":"Clean Water Affordability Act of 2014 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the obligations concerning permits for pollutant discharges of a publicly owned permittee. Defines such a permittee as a treatment works that is publicly owned or a municipal separate storm sewer system. Requires the approach to such obligations to: (1) include requirements for a schedule under which they may be implemented, and (2) account for changed circumstances in the obligations of the publicly owned permittee. Allows approval of a permit under a state-administered program with a term of more than 5 but no more than 25 years if the permittee has an integrated plan approved under this Act. Requires the Administrator to update the guidance entitled quot. Combined Sewer Overflows Guidance for Financial Capability Assessment and Schedule Development,quot. Dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in: (1) assessing financial capability of a community to make investments necessary to make water quality-related improvements, and (2) implementing water quality-related improvements. Revises requirements for capitalization grant agreements with states for establishing water pollution control revolving funds. Requires states to set aside 15 of funds for assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria. Authorizes the fund to be used to make loans at terms not to exceed 30 years or the design life of the project to be financed with the proceeds of the loan . Authorizes a state to provide additional subsidization, including forgiveness of principal, negative interest loans, and grants to benefit a municipality that: (1) meets affordability criteria, or (2) does not meet such criteria if the recipient seeks the additional subsidization to benefit ratepayers that will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. Establishes affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance.","title":"Clean Water Affordability Act of 2014","text_len":16889,"sum_len":2455} {"bill_id":"115_hr2975","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing America's Facilities, \nEquipment and Rail: Taking Responsibility for American National \nSecurity In Transit Act'' or the ``SAFER TRANSIT Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Nationwide, Americans rely on 6,800 public \n transportation systems for their daily commute. Every weekday, \n public transportation riders take 35,000,000 trips. Public \n transportation significantly improves quality of life, saving \n Americans who live in areas served by public transportation \n systems nearly 865,000,000 hours in travel time annually.\n (2) Increasingly, public transportation is becoming a \n target of terrorist activity.\n (3) In 2004, terrorists simultaneously detonated explosives \n concealed inside backpacks on Madrid's commuter train system, \n killing 191 and injuring nearly 2000.\n (4) In 2005, four suicide bombers attacked London's public \n transportation system, killing 52.\n (5) In 2011, authorities discovered an improvised \n explosives device near Amtrak and commuter train tracks. The \n same year, German police found multiple firebombs alongside \n high-speed rail tracks and in tunnels leading into train \n stations.\n (6) On March 22, 2016, a coordinated terrorist attack \n targeted both the Brussels Airport and a metro station in the \n city killing 32 and injuring nearly 300 travelers.\n (7) According to the Global Terrorism Database, there were \n 57 terror attacks on transportation from 2006 to 2014.\n (8) To ensure the continued effectiveness of public \n transportation, the Federal Government must balance transit \n system security and accessibility.\n (9) The Implementing Recommendations of the 9\/11 Commission \n Act of 2007 (Public Law 110-53), conferred to the Department of \n Homeland Security the responsibility for assuring public \n transportation security.\n (10) A May 2016 report by the Inspector General of the \n Department of Homeland Security found that the Transportation \n Security Administration has limited regulatory oversight of \n Amtrak's passenger security.\n (11) A May 2016 report by the Government Accountability \n Office recommended that the Federal Air Marshal Service \n undertake a number of measures to ensure resources are \n allocated according to risk assessments.\n (12) Congress must provide the agencies and municipalities \n with the necessary resources to combat terrorism, and continue \n to conduct oversight of their effective use.\n\nSEC. 3. RAIL SECURITY.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Secretary of Homeland Security, in coordination with the Office of \nManagement and Budget, shall submit to Congress a report on the plan of \nthe Secretary to expedite the implementation of the requirements of \nsubtitle B of title XV of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to--\n (1) assign rail carriers to high-risk tiers; and\n (2) establish a rail security training program.\n\nSEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.\n\n (a) Authorization of Appropriations.--Section 1303(b) of the \nImplementing Recommendations of the \n9\/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is \namended by striking ``fiscal years 2016 through 2018'' and inserting \n``fiscal years 2016 through 2020''.\n (b) Surface Transportation Security Inspectors.--Section 1304(j) of \nthe Implementing Recommendations of the 9\/11 Commission Act of 2007 \n(Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this \nsection'' and all that follows and inserting ``this section such sums \nas may be necessary for each of fiscal years 2016 through 2020.''.\n\nSEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT.\n\n Section 1409(h) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by \nstriking ``to make grants'' and all that follows and inserting ``to \ncarry out this section such sums as may be necessary for each of fiscal \nyears 2016 through 2020.''.\n\nSEC. 6. RAILROAD SECURITY.\n\n Section 1513(i)(1) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by \nstriking ``Out of funds'' and all that follows and inserting: ``There \nare authorized to be appropriated to the Secretary to carry out this \nsection such sums as may be necessary for each of fiscal years 2016 \nthrough 2020.''.\n\nSEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE.\n\n Section 1532(k)(1) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by \nstriking ``From amounts'' and all that follows and inserting ``There \nare authorized to be appropriated to the Secretary to carry out this \nsection such sums as may be necessary for each of fiscal years 2016 \nthrough 2020.''.\n\nSEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM.\n\n (a) In General.--The Secretary of Homeland Security shall develop a \nprogram, to be known as the ``Local Transit Security Instructor \nTraining Program'', which shall be carried out at the Federal Law \nEnforcement Training Centers.\n (b) Contents.--The program developed under subsection (a) shall be \nan intensive training program designed to--\n (1) cover the comprehensive tactical subject matters \n pertaining to the unique nature of public transit operational \n environments and threats;\n (2) provide high-quality training and instill the \n knowledge, skills, and aptitudes needed for the highest \n proficiency in transit security; and\n (3) leverage the existing skills of trainee officers by \n emphasizing leadership, teach backs, and adult learning as well \n as the traditional technical skills needed by field training \n officers.\n (c) Availability.--The Secretary shall make such program available \nto law enforcement agencies that are eligible for the Homeland Security \nGrant Program under section 2002 of the Homeland Security Act of 2002 \n(6 U.S.C. 603) and have jurisdiction over a geographic area where a \npublic transit system operates rail or bus service.\n\nSEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM.\n\n The Secretary of Homeland Security shall take such steps as may be \nnecessary to ensure that the Federal Air Marshal Service (hereinafter \nin this section referred to as the ``FAMS'') uses its resources to \ncover the highest-risk flights. In carrying out this section, the \nSecretary shall--\n (1) consider risk when determining how to divide the \n international flight coverage resources of the FAMS among \n international destinations, incorporate risk into the method of \n the FAMS for initially setting its annual target numbers of \n average daily international and domestic flights;\n (2) conduct and document a risk assessment to further \n support the domestic resource allocation decisions of the FAMS, \n including the identification of high-priority geographic areas;\n (3) in conducting such risk assessment, evaluate the threat \n environment with regard to each of the different modes of \n transportation supported by the FAMS to inform resource \n allocation decisions, including the identification of high-\n priority modes of transportation;\n (4) document the rationale for the selection of \n international destinations by FAMS for air marshal deployment \n and the proportion of flights to cover at each destination;\n (5) adopt a consistent name and definition for the \n performance measure referred to as the TSA coverage score that \n accurately reflects its calculation method and composite \n nature; and\n (6) report the performance results for each of the \n subcategories that comprise the TSA coverage score to FAMS and \n TSA leadership.\n\nSEC. 10. CBRNE DETECTORS ABOARD PUBLIC TRANSPORTATION.\n\n The Secretary of Homeland Security shall direct the Directorate of \nScience and Technology of the Department of Homeland Security to \nprioritize research of scalable, cost-effective technology solutions to \ndetect chemical, biological, radiological, nuclear, and explosive \nthreats aboard public transportation of all modes that are capable \ncontinuous, real-time sensing and detection of, and alerting passengers \nand operating personnel to the presence of such a threat.","summary":"Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 911 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. Thenbsp, Department of Homeland Security (DHS)nbsp. Must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights. DHS shall direct the Directorate of Science and Technology to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats abroad public transportation that are capable of continuous, real-time detecting of, and alerting passengers and operating personnel to, such threats.","title":"Securing America\u2019s Facilities, Equipment and Rail: Taking Responsibility for American National Security In Transit Act","text_len":8927,"sum_len":1006} {"bill_id":"111_s3310","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tony Dean Cheyenne River Valley \nConservation Act of 2010''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (2) State.--The term ``State'' means the State of South \n Dakota.\n (3) Wilderness area.--The term ``wilderness area'' means \n any of the areas designated as components of the National \n Wilderness Preservation System by section 3(a).\n\nSEC. 3. WILDERNESS AREAS.\n\n (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. \n1131 et seq.), the following areas in the State are designated as \nwilderness areas and as components of the National Wilderness \nPreservation System:\n (1) The approximately 27,500 acres of land, as generally \n depicted on the map entitled ``Indian Creek East and Indian \n Creek West'', which shall be known as the ``Indian Creek \n Wilderness''.\n (2) The approximately 16,007 acres of land, as generally \n depicted on the map entitled ``Red Shirt and Red Shirt East'', \n which shall be known as the ``Red Shirt Wilderness''.\n (3) The approximately 4,518 acres of land, as generally \n depicted on the map entitled ``Chalk Hills'', which shall be \n known as the ``Chalk Hills Wilderness''.\n (b) Maps and Legal Description.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary shall submit to the \n Committee on Energy and Natural Resources of the Senate and the \n Committee on Natural Resources of the House of Representatives \n a map and legal description for each wilderness area.\n (2) Effect.--Each map and legal description submitted under \n paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary may correct \n minor errors in the map or legal description.\n (3) Availability.--Each map and legal description submitted \n under paragraph (1) shall be available in the Office of the \n Chief of the Forest Service.\n (c) Administration.--\n (1) In general.--Subject to valid existing rights, the \n wilderness areas shall be administered by the Secretary in \n accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), \n except that any reference in that Act to the effective date \n shall be considered to be a reference to the date of enactment \n of this Act.\n (2) Withdrawal.--Subject to valid existing rights, the \n wilderness areas are withdrawn from all forms of--\n (A) entry, appropriation, or disposal under the \n public land laws;\n (B) location, entry, and patent under the mining \n laws; and\n (C) disposition under the mineral leasing, mineral \n materials, and geothermal leasing laws.\n (3) Continuation of livestock grazing.--In the wilderness \n areas, the grazing of livestock and the maintenance of existing \n facilities related to grazing in areas in which grazing is \n established as of the date of enactment of this Act shall be \n allowed to continue, consistent with--\n (A) section 4(d)(4) of the Wilderness Act (16 \n U.S.C. 1133(d)(4)); and\n (B) the guidelines set forth in House Report 96-617 \n to accompany H.R. 5487 of the 96th Congress.\n (4) Fish and wildlife management.--\n (A) State jurisdiction.--In accordance with section \n 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), \n nothing in this Act affects or diminishes the \n jurisdiction of the State with respect to fish and \n wildlife management in the wilderness areas (including \n the regulation of hunting, fishing, and trapping).\n (B) Management activities.--In furtherance of the \n purposes and principles of the Wilderness Act (16 \n U.S.C. 1131 et seq.), management activities to maintain \n or restore fish and wildlife populations and the \n habitats to support those populations may be carried \n out within the wilderness areas in accordance with \n relevant wilderness management plans and appropriate \n policies (such as those described in Appendix B of \n House Report 101-405 of the 101st Congress), including \n the occasional and temporary use of motorized vehicles, \n if the Secretary determines that the activities would--\n (i) promote healthy, viable, and more \n naturally distributed wildlife populations; and\n (ii) using the minimum tool necessary, \n enhance wilderness values.\n (5) Fire, insects, invasive species, and diseases \n management activities.--The Secretary may undertake such \n measures as are necessary to control and prevent fire, insects, \n invasive species, and diseases, in accordance with section \n 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including \n the coordination of those activities with a State or local \n agency.\n (6) Military activities.--Nothing in this Act precludes--\n (A) low-level overflights of military aircraft over \n the wilderness areas;\n (B) the designation of new units of special \n airspace over the wilderness areas; or\n (C) the use or establishment of military flight \n training routes over the wilderness areas.\n (7) Native american uses and interests.--Nothing in this \n Act diminishes the rights of Indian tribes with respect to \n access to Federal land for tribal activities (including \n spiritual, cultural, and traditional food-gathering \n activities).\n (8) Access to property.--The Secretary shall provide any \n owner of private property within the boundary of a wilderness \n area, including the State, adequate access to the private \n property.\n (9) Acquisition of land and interests in land.--\n (A) In general.--Consistent with applicable law, \n the Secretary may acquire from willing sellers land or \n interests in land within the boundaries of the \n wilderness areas by purchase, donation, or exchange.\n (B) Incorporation of acquired land.--Any land or \n interest in land within a wilderness area that is \n acquired by the United States shall be added to, and \n administered as part of, the applicable wilderness \n area.\n (10) Adjacent management.--\n (A) No protective perimeters or buffer zones.--\n Congress does not intend for the designation of a \n wilderness area to result in the creation of protective \n perimeters or buffer zones around any of the wilderness \n areas.\n (B) Nonwilderness activities.--The fact that \n nonwilderness activities or uses outside of a \n wilderness area can be seen or heard from inside of the \n wilderness area shall not preclude the conduct of the \n nonwilderness activities or uses outside the boundaries \n of the wilderness area.\n\nSEC. 4. PRAIRIE DOGS.\n\n Nothing in this Act enhances or diminishes the existing authority \nof the Secretary and the Secretary of the Interior to manage prairie \ndog populations and habitats on public land.","summary":"Tony Dean Cheyenne River Valley Conservation Act of 2010 - Designates specified lands in South Dakota as wilderness areas and as components of the National Wilderness Preservation System. Sets forth requirements for the administration of the wilderness areas, including with respect to military overflight activities, fish and wildlife management, access to private property, US acquisition of lands and interests, protective perimeters and buffer zones, and nonwilderness activities and uses outside of the wilderness areas. Withdraws such areas from specified public land laws, mining laws, and mineral leasing, mineral materials, and geothermal leasing laws. Permits livestock grazing and the maintenance of related facilities to continue in the wilderness areas in which grazing is established. Authorizes the Secretary of Agriculture (USDA) to undertake necessary measures for the control and prevention of fire, insects, invasive species, and diseases. Prohibits anything in this Act from: (1) diminishing the rights of Indian tribes to access federal land for tribal activities. Or (2) enhancing or diminishing the authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats.","title":"A bill to designate certain wilderness areas in the National Forest System in the State of South Dakota.","text_len":8076,"sum_len":1230} {"bill_id":"104_s1600","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Genetic Fairness Act of 1996''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Family member.--The term ``family member'' means, with \n respect to an individual, another individual related by blood \n to that individual or a spouse or adopted child of the \n individual.\n (2) Genetic information.--The term ``genetic information'' \n means the information about genes, gene products or inherited \n characteristics that may be derived from an individual or a \n family member.\n (3) Genetic services.--The term ``genetic services'' means \n health services provided to obtain, assess, and interpret \n genetic information for diagnostic and therapeutic purposes, \n and for genetic education and counseling.\n (4) Genetic test.--The term ``genetic test'' means a \n procedure that is generally accepted in the scientific and \n medical communities and that is performed for the purposes of \n identifying the presence, absence, or alternation of any gene \n or chromosome.\n (5) Health plan.--The term ``health plan'' means--\n (A) a group health plan (as such term is defined in \n section 607 of the Employee Retirement Income Security \n Act of 1974 (29 U.S.C. 1167)), and a multiple employer \n welfare arrangement (as defined in section 3(40) of \n such Act) that provides health insurance coverage; or\n (B) any contractual arrangement for the provision \n of a payment for health care, including any health \n insurance arrangement or any arrangement consisting of \n a hospital or medical expense incurred policy or \n certificate, hospital or medical service plan contract, \n or health maintenance organization subscriber contract.\n (6) Insurer.--The term ``insurer'' means--\n (A) an insurance company, health care service \n contractor, fraternal benefit organization, insurance \n agent, third party administrator, insurance support \n organization or other person subject to regulation \n under State health insurance laws;\n (B) a managed care organization; or\n (C) an employee welfare benefit plan regulated \n under the Employee Retirement Income Security Act of \n 1974 (29 U.S.C. 1001 et seq.).\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. PROHIBITIONS.\n\n (a) Genetic Information.--An insurer offering a health plan may \nnot--\n (1) terminate, restrict, limit, or otherwise apply \n conditions to coverage of an individual or family member under \n the plan, or restrict the sale of the plan to an individual or \n family member;\n (2) cancel or refuse to renew the coverage of an individual \n or family member under the plan;\n (3) deny coverage or exclude an individual or family member \n from coverage under the plan;\n (4) impose a rider that excludes coverage for certain \n benefits and services under the plan;\n (5) establish differentials in premium rates or cost \n sharing for coverage under the plan; or\n (6) otherwise discriminate against an individual or family \n member in the provision of health care;\non the basis of any genetic information concerning an individual or \nfamily member or on the basis of an individual's or family member's \nrequest for or receipt of genetic services.\n (b) Genetic Tests.--An insurer offering a health plan may not \nrequire an applicant for coverage under the plan, or an individual or \nfamily member who is presently covered under the plan, to be the \nsubject of a genetic test or to be subjected to questions relating to \ngenetic information.\n (c) Notice of Rights.--An insurer offering a health plan shall, in \nthe enrollment information provided by the insurer concerning such \nplan, provide an enrollee with a written statement disclosing the \nrights of the enrollee under this Act. Such statement shall be in a \nform and manner that is noticeable to and understandable by an average \nenrollee.\n (d) Enforcement.--\n (1) Plans other than employee welfare benefit plans.--The \n requirements established under subsections (a), (b), and (c) \n shall be enforced by the State insurance commissioner for the \n State involved or the official or officials designated by the \n State, except that in no case shall a State enforce such \n requirements as they relate to employee welfare benefit plans.\n (2) Employee welfare benefit plans.--With respect to \n employee welfare benefit plans, the Secretary shall enforce the \n requirements established under subsections (a), (b), and (c) in \n the same manner as provided for under sections 502, 504, 506, \n and 510 of the Employee Retirement Income Security Act of 1974 \n (29 U.S.C. 1132, 1134, 1136, and 1140).\n (3) Private right of action.--A person may, after that \n person has exhausted all available administrative remedies, \n bring a civil action--\n (A) to enjoin any act or practice which violates \n subsection (a), (b), or (c);\n (B) to obtain other appropriate equitable relief--\n (i) to redress such violations; or\n (ii) to require the Secretary of Health and \n Human Services to enforce any such subsections, \n or\n (C) to obtain other legal relief, including \n monetary damages.\n (4) Jurisdiction.--State courts of competent jurisdiction \n and district courts of the United States have concurrent \n jurisdiction of actions under this subsection. The district \n courts of the United States shall have jurisdiction, without \n respect to the amount in controversy or the citizenship of the \n parties, to grant the relief provided for in paragraph (3) in \n any action.\n (5) Venue.--For purposes of this subsection the venue \n provisions of section 1391 of title 28, United States Code, \n shall apply.\n (6) Regulations.--The Secretary may promulgate such \n regulations as may be necessary or appropriate to carry out \n this section.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act shall apply to any health plan offered or renewed on or \nafter the end of the 90-day period beginning on the date of the \nenactment of this Act.","summary":"Genetic Fairness Act of 1996 - Prohibits an insurer offering a health plan from: (1) discriminating against an individual or family member on the basis of genetic information or on the basis of an individual's or family member's request for or receipt of genetic services. Or (2) requiring a genetic test or questions relating to genetic information. Requires insurers to disclose enrollee rights. Provides for enforcement by State insurance commissioners, the Secretary of Health and Human Services, and private actions.","title":"Genetic Fairness Act of 1996","text_len":6942,"sum_len":521} {"bill_id":"113_hr5498","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Primary Care Physician Reentry \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) According to the Association of American Medical \n Colleges--\n (A) the shortage of primary care physicians will \n reach 45,000 by the year 2020, as fewer than 20 percent \n of medical students choose to enter primary care \n medicine; and\n (B) the overall shortage of physicians in the \n United States is expected to surpass 130,000 by 2025.\n (2) Medical schools in the United States train only \n approximately 16,000 new physicians every year.\n (3) The Department of Health and Human Services estimates \n that the United States needs at least 16,000 more primary care \n physicians.\n (4) According to a survey of 1,600 pediatricians over the \n age of 50 conducted by the Association of American Medical \n Colleges and the American Academy of Pediatrics, 22 percent of \n female pediatricians took extended leave (6 months or more) \n from medicine, compared to only 6.5 percent of male \n pediatricians. Seventy-one percent of the female pediatricians \n who took extended leave did so to care for a child or family \n member.\n\nSEC. 3. REENTRY PROGRAM FOR PHYSICIANS.\n\n (a) Activities of the Secretary.--\n (1) Establishment of demonstration program.--The Secretary \n of Health and Human Services (referred to in this section as \n the ``Secretary'') shall establish a demonstration program to \n assist the development of innovative programs that facilitate \n physician reentry into clinical practice to provide primary \n health services. Under such demonstration program, the \n Secretary shall--\n (A) award one grant, on a competitive basis, to an \n eligible entity described in subsection (b) in each of \n the 10 regions served by a regional office of the \n Department of Health and Human Services to carry out \n physician reentry projects to assist reentering \n physicians participating in such projects through any \n of the activities described in subsection (d); and\n (B) in consultation with key stakeholders and \n subject to paragraph (2)(B), carry out the \n administrative activities described in paragraph \n (2)(A).\n (2) Administrative activities.--\n (A) In general.--For purposes of paragraph (1)(B), \n the administrative activities described in this \n subparagraph are the following:\n (i) Conduct a national needs assessment \n with regard to the supply of physicians who \n provide primary health services, using, to the \n extent feasible, information collected for use \n in other similar completed or forthcoming \n studies, such as studies conducted by the \n Agency for Healthcare Research and Quality and \n the Health Resources and Services \n Administration.\n (ii) Develop a database that contains a \n directory of programs that help physicians \n reenter clinical practice.\n (iii) Disseminate evidence-based \n assessments and evaluation tools as such \n assessments and tools become available to \n measure the basic core competencies of \n physicians reentering clinical practice that \n are consistent with the guidelines published by \n the Federation of State Medical Boards for such \n physicians.\n (iv) Assist State regulatory authorities \n and hospital credentialing committees to \n structure requirements for physicians to return \n to clinical practice in a manner that ensures \n patient safety while addressing the burdens on \n such reentering physicians.\n (B) Limitation.--The Secretary shall use not more \n than 15 percent of the funds appropriated to carry out \n this section to carry out the activities described in \n subparagraph (A).\n (b) Eligible Entities.--Entities eligible to receive a grant under \nthis section are the following:\n (1) A State.\n (2) A hospital.\n (3) An academic medical center.\n (4) A medical school.\n (5) A health center (as defined in section 330(a) of the \n Public Health Service Act (42 U.S.C. 254b(a))).\n (6) A teaching health center.\n (7) A non-profit organization with a demonstrated history \n or expertise in providing physician education and with the \n ability to offer programs specifically targeted at reentering \n physicians.\n (c) Application.--In order to receive a grant under this section, \nan eligible entity shall submit to the Secretary an application at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n (d) Uses of Funds.--An eligible entity that receives funds under \nthis section shall use such funds to carry out a physician reentry \nproject to assist reentering physicians participating in the project \nthrough any of the following activities:\n (1) Training such reentering physicians to reenter clinical \n practice.\n (2) Paying credentialing fees and other fees that are \n necessary for such reentering physicians to reenter clinical \n practice.\n (3) Paying the salaries of such reentering physicians who \n are so eligible to reenter clinical practice during the period \n for which such physicians provide primary health services at a \n center described in subsection (e)(1).\n (4) Providing loan repayment assistance and other financial \n assistance, including scholarships and grants for education and \n training, to such reentering physicians.\n (e) Requirements of Reentry Physicians To Participate in \nProjects.--To be eligible to participate in a physician reentry project \ncarried out by an eligible entity under this section, a reentering \nphysician shall provide assurances satisfactory to the Secretary that \nthe physician will comply with the following:\n (1) Service locations.--The reentering physician shall \n provide primary health services at--\n (A) a health center (as defined in section 330(a) \n of the Public Health Service Act (42 U.S.C. 254b(a)));\n (B) a Veterans Administration Medical Center if the \n Secretary of Veterans Affairs certifies that there is a \n shortage of physicians at such medical center; or\n (C) a school-based health center (as defined in \n section 2110(c)(9) of the Social Security Act (42 \n U.S.C. 1397jj(c)(9))).\n (2) Length of service.--The reentering physician shall \n provide such services at such a center, consistent with \n paragraph (1), for not less than 2 years.\n (f) Liability Protections.--For purposes of section 224 of the \nPublic Health Service Act (42 U.S.C. 233), a reentering physician \nparticipating in a physician reentry project under this section shall \nbe deemed to be an employee of the Public Health Service working within \nthe scope of such employment with respect to primary health services \nprovided by such reentering physician at a center described in \nsubsection (e)(1) under the terms of such participation in such \nproject. The remedy against the United States for a physician described \nin paragraph (2) who is deemed to be an employee of the Public Health \nService pursuant to the previous sentence shall be exclusive of any \nother civil action or proceeding to the same extent as the remedy \nagainst the United States is exclusive pursuant to subsection (a) of \nsuch section.\n (g) Annual Review and Report.--For any year during which the \ndemonstration program under this section is carried out, the Secretary \nshall conduct a review and comprehensive evaluation of such program and \nshall prepare and submit to Congress a report assessing such program, \nincluding an assessment of the performance of the reentering physicians \nwho participate in physician reentry projects under such program.\n (h) Reentering Physicians.--\n (1) Definition.--Subject to paragraph (2), for purposes of \n this section, the term ``reentering physician'' means an \n individual--\n (A) who is a doctor of medicine;\n (B) who received training in primary care or \n primary health services, including family medicine, \n internal medicine, pediatrics, obstetrics and \n gynecology, dentistry, and mental health.\n (C) who was previously (and may currently be) \n legally authorized to practice medicine and surgery by \n a State;\n (D) who previously engaged in the clinical practice \n of medicine, but who is not currently engaged in the \n clinical practice of medicine and has not been engaged \n in such practice for a period of 2 years or such longer \n period determined to be sufficient by the Secretary; \n and\n (E) who provides assurances satisfactory to the \n Secretary and the respective State licensing board that \n the individual will return to clinical practice in the \n discipline in which such individual was trained or \n certified, including, if applicable, by regaining \n necessary training and certification for legal \n authorization to practice medicine and surgery by a \n State.\n (2) Exclusions.--For purposes of this section, the term \n ``reentering physician'' does not include an individual if--\n (A) such individual has failed to complete an \n obligation to provide health care services under a \n Federal, State, or local program (including any period \n of obligated service under subpart III of part D of \n title III of the Public Health Service Act (42 U.S.C. \n 254l et seq.));\n (B) a final adverse action regarding such \n individual has been reported to the data collection \n program under section 1128E of the Social Security Act \n (42 U.S.C. 1320a-7e); or\n (C) the individual has a debt due to the United \n States.\n (i) Primary Health Services Defined.--For purposes of this section, \nthe term ``primary health services'' has the meaning given such term in \nsection 331(a)(3) of the Public Health Service Act (42 U.S.C. \n254d(a)(3)).\n (j) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2015.","summary":"Primary Care Physician Reentry Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program to facilitate physician reentry into primary care clinical practice in exchange for the physician providing primary care at an eligible health center for at least two years. Requires the Secretary to award one grant to an entity in each of the 10 administrative regions of HHS to carry out physician reentry projects. Directs grantees to assist reentering physicians by providing training, paying credentialing and other necessary fees, paying salaries, and providing loan repayment and other financial assistance. Requires the Secretary to: (1) assess the need for additional primary care physicians, (2) develop a directory of programs that help physicians reenter clinical practice, (3) disseminate evaluation tools to measure the core competencies of physicians reentering clinical practice, and (4) assist regulatory and credentialing authorities to structure requirements for reentering physicians that ensure patient safety while addressing the burdens on those physicians. Limits civil liability for physicians participating in a reentry project.","title":"Primary Care Physician Reentry Act","text_len":11794,"sum_len":1185} {"bill_id":"112_hr3226","text":"SECTION 1. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND.\n\n (a) In General.--Section 403 of the Social Security Act (42 U.S.C. \n603) is amended by adding at the end the following:\n ``(c) Emergency Fund.--\n ``(1) Establishment.--There is established in the Treasury \n of the United States a fund which shall be known as the \n `Emergency Contingency Fund for State Temporary Assistance for \n Needy Families Programs' (in this subsection referred to as the \n `Emergency Fund').\n ``(2) Deposits into fund.--\n ``(A) In general.--Out of any money in the Treasury \n of the United States not otherwise appropriated, there \n are appropriated for fiscal year 2012, $10,000,000,000 \n for payment to the Emergency Fund.\n ``(B) Availability and use of funds.--The amounts \n appropriated to the Emergency Fund under subparagraph \n (A) shall remain available through fiscal year 2013 and \n shall be used to make grants to States in each of \n fiscal years 2012 and 2013 in accordance with the \n requirements of paragraph (3).\n ``(C) Limitation.--In no case may the Secretary \n make a grant from the Emergency Fund for a fiscal year \n after fiscal year 2013.\n ``(3) Grants.--\n ``(A) Grant related to caseload increases.--\n ``(i) In general.--For each calendar \n quarter in fiscal year 2012 or 2013, the \n Secretary shall make a grant from the Emergency \n Fund to each State that--\n ``(I) requests a grant under this \n subparagraph for the quarter; and\n ``(II) meets the requirement of \n clause (ii) for the quarter.\n ``(ii) Caseload increase requirement.--A \n State meets the requirement of this clause for \n a quarter if the average monthly assistance \n caseload of the State for the quarter exceeds \n the average monthly assistance caseload of the \n State for the corresponding quarter in the \n emergency fund base year of the State.\n ``(iii) Amount of grant.--Subject to \n paragraph (5), the amount of the grant to be \n made to a State under this subparagraph for a \n quarter shall be an amount equal to 80 percent \n of the amount (if any) by which the total \n expenditures of the State for basic assistance \n (as defined by the Secretary) in the quarter, \n whether under the State program funded under \n this part or as qualified State expenditures, \n exceeds the total expenditures of the State for \n such assistance for the corresponding quarter \n in the emergency fund base year of the State.\n ``(B) Grant related to increased expenditures for \n non-recurrent short term benefits.--\n ``(i) In general.--For each calendar \n quarter in fiscal year 2012 or 2013, the \n Secretary shall make a grant from the Emergency \n Fund to each State that--\n ``(I) requests a grant under this \n subparagraph for the quarter; and\n ``(II) meets the requirement of \n clause (ii) for the quarter.\n ``(ii) Non-recurrent short term expenditure \n requirement.--A State meets the requirement of \n this clause for a quarter if the total \n expenditures of the State for non-recurrent \n short term benefits in the quarter, whether \n under the State program funded under this part \n or as qualified State expenditures, exceeds the \n total expenditures of the State for non-\n recurrent short term benefits in the \n corresponding quarter in the emergency fund \n base year of the State.\n ``(iii) Amount of grant.--Subject to \n paragraph (5), the amount of the grant to be \n made to a State under this subparagraph for a \n quarter shall be an amount equal to 80 percent \n of the excess described in clause (ii).\n ``(C) Grant related to increased expenditures for \n subsidized employment.--\n ``(i) In general.--For each calendar \n quarter in fiscal year 2012 or 2013, the \n Secretary shall make a grant from the Emergency \n Fund to each State that--\n ``(I) requests a grant under this \n subparagraph for the quarter; and\n ``(II) meets the requirement of \n clause (ii) for the quarter.\n ``(ii) Subsidized employment expenditure \n requirement.--A State meets the requirement of \n this clause for a quarter if the total \n expenditures of the State for subsidized \n employment in the quarter, whether under the \n State program funded under this part or as \n qualified State expenditures, exceeds the total \n such expenditures of the State in the \n corresponding quarter in the emergency fund \n base year of the State.\n ``(iii) Amount of grant.--Subject to \n paragraph (5), the amount of the grant to be \n made to a State under this subparagraph for a \n quarter shall be an amount equal to 80 percent \n of the excess described in clause (ii).\n ``(4) Authority to make necessary adjustments to data and \n collect needed data.--In determining the size of the caseload \n of a State and the expenditures of a State for basic \n assistance, non-recurrent short term benefits, and subsidized \n employment, during any period for which the State requests \n funds under this subsection, and during the emergency fund base \n year of the State, the Secretary may make appropriate \n adjustments to the data, on a State-by-State basis, to ensure \n that the data are comparable with respect to the groups of \n families served and the types of aid provided. The Secretary \n may develop a mechanism for collecting expenditure data, \n including procedures which allow States to make reasonable \n estimates, and may set deadlines for making revisions to the \n data.\n ``(5) Limitation.--The total amount payable to a single \n State under subsection (b) and this subsection for fiscal years \n 2012 and 2013 combined shall not exceed 50 percent of the \n annual State family assistance grant.\n ``(6) Limitations on use of funds.--A State to which an \n amount is paid under this subsection may use the amount only as \n authorized by section 404.\n ``(7) Timing of implementation.--The Secretary shall \n implement this subsection as quickly as reasonably possible, \n pursuant to appropriate guidance to States.\n ``(8) Application to indian tribes.--This subsection shall \n apply to an Indian tribe with an approved tribal family \n assistance plan under section 412 in the same manner as this \n subsection applies to a State.\n ``(9) Definitions.--In this subsection:\n ``(A) Average monthly assistance caseload \n defined.--The term `average monthly assistance \n caseload' means, with respect to a State and a quarter, \n the number of families receiving assistance during the \n quarter under the State program funded under this part \n or as qualified State expenditures, subject to \n adjustment under paragraph (4).\n ``(B) Emergency fund base year.--\n ``(i) In general.--The term `emergency fund \n base year' means, with respect to a State and a \n category described in clause (ii), whichever of \n fiscal year 2009 or 2010 is the fiscal year in \n which the amount described by the category with \n respect to the State is the lesser.\n ``(ii) Categories described.--The \n categories described in this clause are the \n following:\n ``(I) The average monthly \n assistance caseload of the State.\n ``(II) The total expenditures of \n the State for non-recurrent short term \n benefits, whether under the State \n program funded under this part or as \n qualified State expenditures.\n ``(III) The total expenditures of \n the State for subsidized employment, \n whether under the State program funded \n under this part or as qualified State \n expenditures.\n ``(C) Qualified state expenditures.--The term \n `qualified State expenditures' has the meaning given \n the term in section 409(a)(7).''.\n (b) Modification of Caseload Reduction Credit.--Section \n407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by \ninserting ``(or if the immediately preceding fiscal year is fiscal year \n2011 or 2012, then, at State option, during the emergency fund base \nyear of the State with respect to the average monthly assistance \ncaseload of the State (within the meaning of section 403(c)(9)), except \nthat, if a State elects such option for fiscal year 2011, the emergency \nfund base year of the State with respect to such caseload shall be \nfiscal year 2009))'' before ``under the State''.\n (c) Disregard From Limitation on Total Payments to Territories.--\nSection 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by \ninserting ``403(c)(3),'' after ``403(a)(5),''.","summary":"Amends title IV (TANF) of the Social Security Act to reestablish for FY2012-FY2013 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, (2) increased expenditures for non-recurrent short term benefits, and (3) increased expenditures for subsidized employment. Modifies for FY2011-FY2012 the formula for the pro rata reduction credit in the calculation of the minimum participation rate of all families of a state receiving TANF assistance for any reduction in such rate owing to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria.","title":"To restore the TANF Emergency Contingency Fund to further support our Nation's jobless workers.","text_len":11415,"sum_len":739} {"bill_id":"108_s2939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Assistance for Orphans and Other \nVulnerable Children in Developing Countries Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) More than 110,000,000 orphans live in sub-Saharan \n Africa, Asia, Latin America, and the Caribbean. These children \n often are disadvantaged in numerous and devastating ways and \n most households with orphans cannot meet the basic needs of \n health care, food, clothing, and educational expenses.\n (2) It is estimated that 121,000,000 children worldwide do \n not attend school and that the majority of such children are \n young girls. According to the United Nations Children's Fund \n (UNICEF), orphans are less likely to be in school and more \n likely to be working full time.\n (3) School food programs, including take-home rations, in \n developing countries provide strong incentives for children to \n remain in school and continue their education. School food \n programs can reduce short-term hunger, improve cognitive \n functions, and enhance learning, behavior, and achievement.\n (4) Financial barriers, such as school fees and other costs \n of education, prevent many orphans and other vulnerable \n children in developing countries from attending school. \n Providing children with free primary school education, while \n simultaneously ensuring that adequate resources exist for \n teacher training and infrastructure, would help more orphans \n and other vulnerable children obtain a quality education.\n (5) The trauma that results from the loss of a parent can \n trigger behavior problems of aggression or emotional withdrawal \n and negatively affect a child's performance in school and the \n child's social relations. Children living in families affected \n by HIV\/AIDS or who have been orphaned by AIDS often face \n stigmatization and discrimination. Providing culturally \n appropriate psychosocial support to such children can assist \n them in successfully accepting and adjusting to their \n circumstances.\n (6) Orphans and other vulnerable children in developing \n countries routinely are denied their inheritance or encounter \n difficulties in claiming the land and other property which they \n have inherited. Even when the inheritance rights of women and \n children are spelled out in law, such rights are difficult to \n claim and are seldom enforced. In many countries it is \n difficult or impossible for a widow, even if she has young \n children, to claim property after the death of her husband.\n (7) The HIV\/AIDS pandemic has had a devastating affect on \n children and is deepening poverty in entire communities and \n jeopardizing the health, safety, and survival of all children \n in affected areas.\n (8) The HIV\/AIDS pandemic has increased the number of \n orphans worldwide and has exacerbated the poor living \n conditions of the world's poorest and most vulnerable children. \n AIDS has created an unprecedented orphan crisis, especially in \n sub-Saharan Africa, where children have been hardest hit. An \n estimated 14,000,000 orphans have lost 1 or both parents to \n AIDS. By 2010, it is estimated that over 25,000,000 children \n will have been orphaned by AIDS.\n (9) Approximately 2,500,000 children under the age of 15 \n worldwide have HIV\/AIDS. Every day another 2,000 children under \n the age of 15 are infected with HIV. Without treatment, most \n children born with HIV can expect to die by age two, but with \n sustained drug treatment through childhood, the chances of \n long-term survival and a productive adulthood improve \n dramatically.\n (10) Few international development programs specifically \n target the treatment of children with HIV\/AIDS in developing \n countries. Reasons for this include the perceived low priority \n of pediatric treatment, a lack of pediatric health care \n professionals, lack of expertise and experience in pediatric \ndrug dosing and monitoring, the perceived complexity of pediatric \ntreatment, and mistaken beliefs regarding the risks and benefits of \npediatric treatment.\n (11) Although a number of organizations seek to meet the \n needs of orphans or other vulnerable children, extended \n families and local communities continue to be the primary \n providers of support for such children.\n (12) The HIV\/AIDS pandemic is placing huge burdens on \n communities and is leaving many orphans with little support. \n Alternatives to traditional orphanages, such as community-based \n resource centers, continue to evolve in response to the massive \n number of orphans that has resulted from the pandemic.\n (13) The AIDS orphans crisis in sub-Saharan Africa has \n implications for political stability, human welfare, and \n development that extend far beyond the region, affecting \n governments and people worldwide, and this crisis requires an \n accelerated response from the international community.\n (14) Although section 403(b) of the United States \n Leadership Against HIV\/AIDS, Tuberculosis, and Malaria Act of \n 2003 (22 U.S.C. 7673(b)) establishes the requirement that not \n less than 10 percent of amounts appropriated for HIV\/AIDS \n assistance for each of fiscal years 2006 through 2008 shall be \n expended for assistance for orphans and other vulnerable \n children affected by HIV\/AIDS, there is an urgent need to \n provide assistance to such children prior to 2006.\n (15) Numerous United States and indigenous private \n voluntary organizations, including faith-based organizations, \n provide assistance to orphans and other vulnerable children in \n developing countries. Many of these organizations have \n submitted applications for grants to the Administrator of the \n United States Agency for International Development to provide \n increased levels of assistance for orphans and other vulnerable \n children in developing countries.\n (16) Increasing the amount of assistance that is provided \n by the Administrator of the United States Agency for \n International Development through United States and indigenous \n private voluntary organizations, including faith-based \n organizations, will provide greater protection for orphans and \n other vulnerable children in developing countries.\n (17) It is essential that the United States Government \n adopt a comprehensive approach for the provision of assistance \n to orphans and other vulnerable children in developing \n countries. A comprehensive approach would ensure that important \n services, such as basic care, psychosocial support, school food \n programs, increased educational opportunities and employment \n training and related services, the protection and promotion of \n inheritance rights for such children, and the treatment of \n orphans and other vulnerable children with HIV\/AIDS, are made \n more accessible.\n (18) Assistance for orphans and other vulnerable children \n can best be provided by a comprehensive approach of the United \n States Government that--\n (A) ensures that Federal agencies and the private \n sector coordinate efforts to prevent and eliminate \n duplication of efforts and waste in the provision of \n such assistance; and\n (B) to the maximum extent possible, focuses on \n community-based programs that allow orphans and other \n vulnerable children to remain connected to the \n traditions and rituals of their families and \n communities.\n\nSEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN \n DEVELOPING COUNTRIES.\n\n Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2151 et seq.) is amended by adding at the end the following \nsection:\n\n``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.\n\n ``(a) Findings.--Congress finds the following:\n ``(1) There are more than 110,000,000 orphans living in \n sub-Saharan Africa, Asia, Latin America, and the Caribbean.\n ``(2) The HIV\/AIDS pandemic has created an unprecedented \n orphan crisis, especially in sub-Saharan Africa, where children \n have been hardest hit. The pandemic is deepening poverty in \n entire communities, and is jeopardizing the health, safety, and \n survival of all children in affected countries. It is estimated \n that 14,000,000 children have lost one or both parents to AIDS.\n ``(3) The orphans crisis in sub-Saharan Africa has \n implications for human welfare, development, and political \n stability that extend far beyond the region, affecting \n governments and people worldwide.\n ``(4) Extended families and local communities are \n struggling to meet the basic needs of orphans and vulnerable \n children by providing food, health care including treatment of \n children living with HIV\/AIDS, education expenses, and \n clothing.\n ``(5) Providing assistance to such children is an important \n expression of the humanitarian concern and tradition of the \n people of the United States.\n ``(b) Definitions.--In this section:\n ``(1) AIDS.--The term `AIDS' has the meaning given the term \n in section 104A(g)(1) of this Act.\n ``(2) Children.--The term `children' means persons who have \n not attained the age of 18.\n ``(3) HIV\/AIDS.--The term `HIV\/AIDS' has the meaning given \n the term in section 104A(g)(3) of this Act.\n ``(4) Orphan.--The term `orphan' means a child deprived by \n death of one or both parents.\n ``(5) Psychosocial support.--The term `psychosocial \n support' includes care that addresses the ongoing psychological \n and social problems that affect individuals, their partners, \n families, and caregivers in order to alleviate suffering, \n strengthen social ties and integration, provide emotional \n support, and promote coping strategies.\n ``(c) Assistance.--The President is authorized to provide \nassistance, including providing such assistance through international \nor nongovernmental organizations, for programs in developing countries \nto provide basic care and services for orphans and other vulnerable \nchildren. Such programs should provide assistance--\n ``(1) to support families and communities to mobilize their \n own resources through the establishment of community-based \n organizations to provide basic care for orphans and other \n vulnerable children;\n ``(2) for school food programs, including the purchase of \n local or regional foodstuffs where appropriate;\n ``(3) to increase primary school enrollment through the \n elimination of school fees, where appropriate, or other \n barriers to education while ensuring that adequate resources \n exist for teacher training and infrastructure;\n ``(4) to provide employment training and related services \n for orphans and other vulnerable children who are of legal \n working age;\n ``(5) to protect and promote the inheritance rights of \n orphans, other vulnerable children, and widows;\n ``(6) to provide culturally appropriate psychosocial \n support to orphans and other vulnerable children; and\n ``(7) to treat orphans and other vulnerable children with \n HIV\/AIDS through the provision of pharmaceuticals, the \n recruitment and training of individuals to provide pediatric \n treatment, and the purchase of pediatric-specific technologies.\n ``(d) Authorization of Appropriations.--\n ``(1) In general.--There is authorized to be appropriated \n to the President to carry out this section such sums as may be \n necessary for each of the fiscal years 2005 and 2006.\n ``(2) Availability of funds.--Amounts made available under \n paragraph (1) are authorized to remain available until expended \n and are in addition to amounts otherwise available for such \n purposes.\n ``(3) Relationship to other laws.--Amounts made available \n for assistance pursuant to this subsection, and amounts made \n available for such assistance pursuant to any other provision \n of law, may be used to provide such assistance notwithstanding \n any other provision of law.''.\n\nSEC. 4. STRATEGY OF THE UNITED STATES.\n\n (a) Requirement for Strategy.--Not later than 180 days after the \ndate of enactment of this Act, the President shall develop, and submit \nto the appropriate congressional committees, a strategy for \ncoordinating, implementing, and monitoring assistance programs for \norphans and vulnerable children.\n (b) Consultation.--The President should consult with employees of \nthe field missions of the United States Agency for International \nDevelopment in developing the strategy required by subsection (a) to \nensure that such strategy--\n (1) will not impede the efficiency of implementing \n assistance programs for orphans and vulnerable children; and\n (2) addresses the specific needs of indigenous populations.\n (c) Content.--The strategy required by subsection (a) shall \ninclude--\n (1) the identity of each agency or department of the \n Federal Government that is providing assistance for orphans and \n vulnerable children in foreign countries;\n (2) a description of the efforts of the head of each such \n agency or department to coordinate the provision of such \n assistance with other agencies or departments of the Federal \n Government or nongovernmental entities;\n (3) a description of a coordinated strategy, including \n coordination with other bilateral and multilateral donors, to \n provide the assistance authorized in section 135 of the Foreign \n Assistance Act of 1961, as added by section 3 of this Act;\n (4) an analysis of additional coordination mechanisms or \n procedures that could be implemented to carry out the purposes \n of such section;\n (5) a description of a monitoring system that establishes \n performance goals for the provision of such assistance and \n expresses such goals in an objective and quantifiable form, to \n the extent feasible; and\n (6) a description of performance indicators to be used in \n measuring or assessing the achievement of the performance goals \n described in paragraph (5).\n\nSEC. 5. ANNUAL REPORT.\n\n Not later than one year after the date on which the President \nsubmits the strategy required by section 4(a) to the appropriate \ncongressional committees, and annually thereafter, the President shall \nsubmit a report to the appropriate congressional committees on the \nimplementation of this Act.\n\nSEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.\n\n In this Act, the term ``appropriate congressional committees'' \nmeans the Committee on Appropriations and the Committee on Foreign \nRelations of the Senate and the Committee on Appropriations and the \nCommittee on International Relations of the House of Representatives.","summary":"Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care, (2) school food programs, (3) education and employment training, (4) mental health care, (5) protection of inheritance rights. And (6) HIVAIDS care. Directs the President to develop a coordinating strategy for such assistance.","title":"A bill to amend the Foreign Assistance Act of 1961 to provide assistance for orphans and other vulnerable children in developing countries, and for other purposes.","text_len":16098,"sum_len":609} {"bill_id":"111_hr2018","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unrecognized Southeast Alaska Native \nCommunities Recognition and Compensation Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) in 1971, Congress enacted the Alaska Native Claims \n Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle \n the aboriginal claims of Alaska Natives to the land Alaska \n Natives had used for traditional purposes;\n (2) that Act awarded approximately $1,000,000,000 and \n 44,000,000 acres of land to Alaska Natives and provided for the \n establishment of Native Corporations to receive and manage the \n funds and land;\n (3) pursuant to that Act, Alaska Natives have been enrolled \n in 1 of 13 Regional Corporations;\n (4) most Alaska Natives reside in communities that are \n eligible under that Act to form a Village or Urban Corporation \n within the geographical area of a Regional Corporation;\n (5) Village or Urban Corporations established under that \n Act received cash and surface rights to the settlement land \n described in paragraph (2) and the corresponding Regional \n Corporation received cash and land that includes the subsurface \n rights to the land of the Village or Urban Corporation;\n (6) the southeastern Alaska communities of Haines, \n Ketchikan, Petersburg, Tenakee, and Wrangell are not listed \n under that Act as communities eligible to form Village or Urban \n Corporations, even though the population of those villages \n comprises greater than 20 percent of the shareholders of the \n Regional Corporation for Southeast Alaska and display historic, \n cultural, and traditional qualities of Alaska Natives;\n (7) the communities described in paragraph (6) have sought \n full eligibility for land and benefits under that Act for more \n than 3 decades;\n (8) in 1993, Congress directed the Secretary of the \n Interior to prepare a report examining the reasons why the \n communities listed in paragraph (6) had been denied eligibility \n to form Village or Urban Corporations and receive land and \n benefits pursuant to that Act;\n (9) the report described in paragraph (8), published in \n February, 1994, indicates that--\n (A) the communities listed in paragraph (6) do not \n differ significantly from the Southeast Alaska \n communities that were permitted to form Village or \n Urban Corporations under that Act;\n (B) the communities are similar to other \n communities that are eligible to form Village or Urban \n Corporations under that Act and receive land and \n benefits under that Act--\n (i) in actual number and percentage of \n Native Alaskan population; and\n (ii) with respect to the historic use and \n occupation of land;\n (C) each such community was involved in advocating \n the settlement of the aboriginal claims of the \n community; and\n (D) some of the communities appeared on early \n versions of lists of Native Villages prepared before \n the date of the enactment of that Act, but were not \n included as Native Villages under that Act;\n (10) the omissions described in paragraph (9) are not \n clearly explained in any provision of that Act or the \n legislative history of that Act; and\n (11) on the basis of the findings described in paragraphs \n (1) through (10), Alaska Natives who were enrolled in the 5 \n unlisted communities and the heirs of the Alaska Natives have \n been inadvertently and wrongly denied the cultural and \n financial benefits of enrollment in Village or Urban \n Corporations established pursuant to that Act.\n (b) Purpose.--The purpose of this Act is to redress the omission of \nthe communities described in subsection (a)(6) from eligibility by \nauthorizing the Native people enrolled in the communities--\n (1) to form Urban Corporations for the communities of \n Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the \n Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); \n and\n (2) to receive certain settlement land and other \n compensation pursuant to that Act.\n\nSEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS.\n\n Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. \n1615) is amended by adding at the end the following:\n ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, \nand Wrangell, Alaska.--\n ``(1) In general.--The Native residents of each of the \n Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and \n Wrangell, Alaska, may organize as Urban Corporations.\n ``(2) Effect on entitlement to land.--Nothing in this \n subsection affects any entitlement to land of any Native \n Corporation established before the date of enactment of this \n subsection pursuant to this Act or any other provision of \n law.''.\n\nSEC. 4. SHAREHOLDER ELIGIBILITY.\n\n Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. \n1607) is amended by adding at the end the following:\n ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, \nand Wrangell.--\n ``(1) In general.--The Secretary shall enroll to each of \n the Urban Corporations for Haines, Ketchikan, Petersburg, \n Tenakee, or Wrangell those individual Natives who enrolled \n under this Act to the Native Villages of Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell, respectively.\n ``(2) Number of shares.--Each Native who is enrolled to an \n Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, \n or Wrangell pursuant to paragraph (1) and who was enrolled as a \n shareholders of the Regional Corporation for Southeast Alaska \n on or before March 30, 1973, shall receive 100 shares of \n Settlement Common Stock in the respective Urban Corporation.\n ``(3) Natives receiving shares through inheritance.--If a \n Native received shares of stock in the Regional Corporation for \n Southeast Alaska through inheritance from a decedent Native who \n originally enrolled to the Native Village of Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell and the decedent Native was \n not a shareholder in a Village or Urban Corporation, the Native \n shall receive the identical number of shares of Settlement \n Common Stock in the Urban Corporation for Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell as the number of shares \n inherited by that Native from the decedent Native who would \n have been eligible to be enrolled to the respective Urban \n Corporation.\n ``(4) Effect on entitlement to land.--Nothing in this \n subsection affects entitlement to land of any Regional \n Corporation pursuant to section 12(b) or 14(h)(8).''.\n\nSEC. 5. DISTRIBUTION RIGHTS.\n\n Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. \n1606) is amended--\n (1) in subsection (j)--\n (A) by striking ``(j) During'' and inserting the \n following:\n ``(j) Distribution of Corporate Funds and Other Net Income.--\n ``(1) In general.--During'';\n (B) by striking ``Not less'' and inserting the \n following:\n ``(2) Minimum allocation.--Not less'';\n (C) by striking ``In the case'' and inserting the \n following:\n ``(3) Thirteenth regional corporation.--In the case''; and\n (D) by adding at the end the following:\n ``(4) Native villages of haines, ketchikan, petersburg, \n tenakee, and wrangell.--Native members of the Native Villages \n of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who \n become shareholders in an Urban Corporation for such a Native \n Village shall continue to be eligible to receive distributions \n under this subsection as at-large shareholders of the Regional \n Corporation for Southeast Alaska.''; and\n (2) by adding at the end the following:\n ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska \nNative Communities Recognition and Compensation Act and the amendments \nmade by that Act shall not affect--\n ``(1) the ratio for determination of revenue distribution \n among Native Corporations under this section; or\n ``(2) the settlement agreement among Regional Corporation \n or Village Corporations or other provisions of subsection (i) \n or (j).''.\n\nSEC. 6. COMPENSATION.\n\n The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is \namended by adding at the end the following:\n\n``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, \n TENAKEE, AND WRANGELL.\n\n ``(a) Offer of Compensation.--\n ``(1) In general.--On incorporation of the Urban \n Corporations for Haines, Ketchikan, Petersburg, Tenakee, and \n Wrangell, the Secretary, in consultation and coordination with \n the Secretary of Commerce, and in consultation with \n representatives of each such Urban Corporation and the Regional \n Corporation for Southeast Alaska, shall offer as compensation, \n pursuant to this Act, 1 township of land (23,040 acres) to each \n of the Urban Corporations for Haines, Ketchikan, Petersburg, \n Tenakee, and Wrangell, and other appropriate compensation in \n accordance with this subsection.\n ``(2) Local areas of historical, cultural, traditional, and \n economic importance.--\n ``(A) In general.--The Secretary shall offer as \n compensation under this subsection local areas of \n historical, cultural, traditional, and economic \n importance to Alaska Natives from the Villages of \n Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.\n ``(B) Selection of land.--In selecting the land to \n be withdrawn and conveyed pursuant to this section, the \n Secretary--\n ``(i) shall give preference to land with \n commercial purposes; and\n ``(ii) may include subsistence and cultural \n sites, aquaculture sites, hydroelectric sites, \n tideland, surplus Federal property and eco-\n tourism sites.\n ``(C) Contiguous, compact sites.--The land selected \n pursuant to this section shall be contiguous and \n reasonably compact tracts if practicable.\n ``(D) Valid existing rights.--The land selected \n pursuant to this section shall be subject to all valid \n existing rights and all other provisions of section \n 14(g), including any lease, contract, permit, right-of-\n way, or easement (including a lease issued under \n section 6(g) of the Act of July 7, 1958 (commonly known \n as the `Alaska Statehood Act') (48 U.S.C. note prec. \n 21; Public Law 85-508)).\n ``(3) Capital expenses.--The Secretary shall offer as \n compensation under this subsection $650,000 for capital \n expenses associated with corporate organization and \n development, including expenses for--\n ``(A) the identification of forest and land parcels \n for selection and withdrawal;\n ``(B) making conveyance requests, receiving title, \n preparing resource inventories, land and resource use, \n and development planning;\n ``(C) land and property valuations;\n ``(D) corporation incorporation and start-up;\n ``(E) advising and enrolling shareholders;\n ``(F) issuing stock; and\n ``(G) seed capital for resource development.\n ``(4) Additional compensation.--\n ``(A) In general.--The Secretary shall offer as \n compensation under this subsection such additional \n forms of compensation as the Secretary considers \n appropriate, including grants and loan guarantees to be \n used for planning, development and other purposes for \n which Native Corporations are organized under this Act \n and any additional financial compensation.\n ``(B) Allocation.--Any additional compensation \n offered under this paragraph shall be allocated among \n the 5 Urban Corporations on a pro rata basis based on \n the number of shareholders in each Urban Corporation.\n ``(b) Acceptance or Rejection of Offer.--\n ``(1) In general.--Not later than 1 year after the date of \n the offer of compensation from the Secretary under subsection \n (a), the each of the Urban Corporations for Haines, Ketchikan, \n Petersburg, Tenakee, and Wrangell shall accept or reject the \n offer.\n ``(2) Resolution.--To accept or reject the offer, each such \n Urban Corporation shall provide to the Secretary a properly \n executed and certified corporate resolution that states that \n the offer proposed by the Secretary was voted on, and either \n approved or rejected, by a majority of the shareholders of the \n Urban Corporation.\n ``(3) Rejection of offer.--If the offer is rejected--\n ``(A) the Secretary, in consultation with \n representatives of the Urban Corporation that rejected \n the offer and the Regional Corporation for Southeast \n Alaska, shall revise the offer; and\n ``(B) the Urban Corporation shall have an \n additional 180 days within which to accept or reject \n the revised offer.\n ``(c) Withdrawal and Conveyance of Land and Title.--Not later than \n180 days after receipt of a corporate resolution of an Urban \nCorporation approving an offer of the Secretary under subsection \n(b)(1), the Secretary shall (as appropriate)--\n ``(1) withdraw the land;\n ``(2) convey to the Urban Corporation title to the surface \n estate of the land; and\n ``(3) convey to the Regional Corporation for Southeast \n Alaska title the subsurface estate for the land.\n ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, \nand Appurtenances.--The Secretary shall, without consideration of \ncompensation, convey to the Urban Corporations of Haines, Ketchikan, \nPetersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all \nright, title, and interest of the United States in all roads, trails, \nlog transfer facilities, leases, and appurtenances on or related to the \nland conveyed to the Corporations pursuant to subsection (c).\n ``(e) Settlement Trust.--\n ``(1) In general.--The Urban Corporations of Haines, \n Ketchikan, Petersburg, Tenakee, and Wrangell may establish a \n settlement trust in accordance with section 39 for the purposes \n of promoting the health, education, and welfare of the trust \n beneficiaries, and preserving the Native heritage and culture, \n of the communities of Haines, Ketchikan, Petersburg, Tenakee, \n and Wrangell, respectively.\n ``(2) Proceeds and income.--The proceeds and income from \n the principal of a trust established under paragraph (1) \n shall--\n ``(A) first be applied to the support of those \n enrollees, and the descendants of the enrollees, who \n are elders or minor children; and\n ``(B) then to the support of all other \n enrollees.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act and the amendments made by this Act.","summary":"Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act - Amends the Alaska Native Claims Settlement Act to permit the Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Urban Corporations and to receive certain settlement lands and other compensation pursuant to this Act.","title":"To provide for the recognition of certain Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.","text_len":16793,"sum_len":376} {"bill_id":"105_s1913","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Montana Fish and Wildlife \nConservation Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) it is in the interest of the United States for the \n Secretary of the Interior to sell leaseholds at Canyon Ferry \n Reservoir in the State of Montana for fair market value if the \n proceeds from the sale are used--\n (A) to establish a trust to provide a permanent \n source of funding to acquire access or other property \n interests from willing sellers to conserve fish and \n wildlife and to enhance public hunting and fishing \n opportunities at the Reservoir and along the Missouri \n River;\n (B) to establish a fund to be used to acquire \n access or other property interests from willing sellers \n to increase public access to Federal land in the State \n of Montana and to enhance hunting and fishing \n opportunities; and\n (C) to reduce the Pick-Sloan project debt for the \n Canyon Ferry Unit;\n (2) existing trusts in the State of Montana, including the \n Rock Creek Trust and the Montana Power Company Missouri-Madison \n Trust, have provided substantial public benefits by conserving \n fish and wildlife and by enhancing public hunting and fishing \n opportunities in the State of Montana;\n (3) many Federal lands in the State of Montana do not have \n suitable public access, and establishing a fund to acquire \n easements to those lands from willing sellers would enhance \n public hunting and fishing opportunities in the State of \n Montana;\n (4) the sale of the leaseholds at the Reservoir will reduce \n Federal payments in lieu of taxes and associated management \n expenditures in connection with the ownership by the Federal \n Government of the leaseholds while increasing local tax \n revenues from the new owners of the leased lots; and\n (5) the sale of the leaseholds at the Reservoir will reduce \n expensive and contentious disputes between the Federal \n Government and leaseholders, while ensuring that the Federal \n Government receives full and fair value for the acquisition of \n the property.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) CFRA.--The term ``CFRA'' means the Canyon Ferry \n Recreation Association, Incorporated, a Montana corporation.\n (2) Fund.--The term ``Fund'' means the Montana Hunter and \n Fisherman Access Fund established under section 6(a).\n (3) Lessee.--The term ``lessee'' means the holder of a \n leasehold described in section 4(b) as of the date of enactment \n of this Act, and the holder's heirs, executors, and assigns of \n the holder's leasehold interest.\n (4) Purchaser.--The term ``Purchaser'' means the person or \n entity that purchases the 265 leaseholds under section 4.\n (5) Reservoir.--The term ``Reservoir'' means the Canyon \n Ferry Reservoir in the State of Montana.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (7) Trust.--The term ``Trust'' means the Canyon Ferry-\n Missouri River Trust established under section 5(a).\n\nSEC. 4. SALE OF LEASEHOLDS.\n\n (a) In General.--Subject to subsection (c) and notwithstanding any \nother provision of law, the Secretary shall sell at fair market value--\n (1) all right, title, and interest of the United States in \n and to all (but not fewer than all) of the leaseholds described \n in subsection (b), subject to valid existing rights; and\n (2) easements for--\n (A) vehicular access to each leasehold;\n (B) access to and the use of 1 dock per leasehold; \n and\n (C) access to and the use of all boathouses, ramps, \n retaining walls, and other improvements for which \n access is provided in the leases as of the date of this \n Act.\n (b) Description of Leaseholds.--\n (1) In general.--The leaseholds to be conveyed are--\n (A) the 265 cabin sites of the Bureau of \n Reclamation located along the northern portion of the \n Reservoir in portions of sections 2, 11, 12, 13, 15, \n 22, 23, and 26, Township 10 North, Range 1 West; plus\n (B) any small parcels contiguous to the leaseholds \n (not including shoreline property or property needed to \n provide public access to the shoreline of the \n Reservoir) that the Secretary determines should be \n conveyed in order to eliminate inholdings and \n facilitate administration of surrounding land remaining \n in Federal ownership.\n (2) Acreage; legal description.--The acreage and legal \n description of each property shall be agreed on by the \n Secretary and the Purchaser.\n (c) Purchase Process.--\n (1) In general.--The Secretary shall--\n (A) solicit sealed bids for all of the leaseholds; \n and\n (B) subject to paragraph (2), sell the leaseholds \n to the bidder that submits the highest bid above the \n minimum bid determined under paragraph (2).\n (2) Minimum bid.--Before accepting bids, the Secretary, in \n consultation with interested bidders, shall establish a minimum \n bid based on an appraisal of the fair market value of the \n leaseholds, exclusive of the value of private improvements made \n by the leaseholders before the date of the conveyance, by means \n of an appraisal conducted in accordance with the appraisal \n procedures used under Federal law, including, to the extent \n practicable, the procedures specified in sections 2201.3 \n through 2201.3-5 of title 43, Code of Federal Regulations.\n (3) Right of first refusal.--If the highest bidder is other \n CFRA, CFRA shall have the right to match the highest bid and \n purchase the leaseholds at a price equal to the amount of that \n bid.\n (d) Conditions.--\n (1) Consideration.--As consideration for the conveyance \n under subsection (a), the Purchaser shall--\n (A) contribute to the Trust the amount that is \n equal to 45 percent of the purchase price of the \n leaseholds;\n (B) contribute to the Fund the amount that is equal \n to 45 percent of the purchase price of the leaseholds; \n and\n (C) pay the Secretary for deposit in the Treasury \n of the United States an amount that is equal to 10 \n percent of the purchase price of the leaseholds.\n (2) No charitable deduction.--The Purchaser, any owner, \n member, or other interest holder in the Purchaser, and any \n leaseholder shall not be entitled to a charitable deduction \n under the Internal Revenue Code of 1986 by reason of the making \n of the contribution under subparagraph (A) or (B) of paragraph \n (1).\n (3) Option to purchase.--\n (A) In general.--The Purchaser shall give each \n leaseholder of record of a leasehold conveyed under \n this section an option to purchase the leasehold at \n fair market value.\n (B) Nonpurchasing lessees.--\n (i) Right to continue lease.--A lessee that \n is unable or unwilling to purchase a property \n shall be permitted to continue to lease the \n property for fair market value rent under the \n same terms and conditions as the existing \n leases, including the right to renew the term \n of the existing lease for 2 consecutive 5-year \n terms.\n (ii) Compensation for improvements.--If a \n lessee declines to purchase a leasehold, the \n Purchaser shall compensate the lessee for the \n full market value of the improvements made to \n the leasehold.\n (4) Historical use.--The Purchaser shall honor the existing \n property descriptions and historical use restrictions for the \n leaseholds, as determined by the Bureau of Reclamation.\n (e) Administrative Costs.--Any administrative cost incurred by the \nSecretary incident to the conveyance under subsection (a) shall be \nreimbursed by the Purchaser.\n\nSEC. 5. CANYON FERRY-MISSOURI RIVER TRUST.\n\n (a) Establishment.--The Secretary shall encourage establishment of \na nonprofit charitable permanent perpetual trust, similar in structure \nand purpose to the existing trusts referred to in section 1(2), to be \nknown as the ``Canyon Ferry-Missouri River Trust'', to provide a \npermanent source of funding to acquire land and interests in land from \nwilling sellers at fair market value to conserve fish and wildlife, \nenhance public hunting and fishing opportunities, and improve public \naccess at the Reservoir and along the Missouri River and its \ntributaries from the confluence of the Madison River, Gallatin River, \nand Jefferson River downstream to the Reservoir.\n (b) Board of Trustees.--\n (1) Membership.--The trust referred to in subsection (a) \n shall have a Board of Trustees consisting of 1 representative \n of each of--\n (A) local agricultural landowners;\n (B) a local hunting organization;\n (C) a statewide hunting organization;\n (D) a fisheries conservation organization; and\n (E) a nonprofit land trust or environmental \n organization.\n (2) Consultation.--In managing the Trust, the Board of \n Directors shall consult with representatives of--\n (A) the Bureau of Reclamation;\n (B) the Forest Service;\n (C) the Bureau of Land Management;\n (D) the United States Fish and Wildlife Service;\n (E) the Montana Department of Fish, Wildlife, and \n Parks;\n (F) the Montana Science Institute at Canyon Ferry, \n Montana; and\n (G) local governmental bodies (including the Lewis \n and Clark and Broadwater County Commissioners).\n (c) Use.--\n (1) Principal.--The principal amount of the Trust shall be \n inviolate.\n (2) Earnings.--Earnings on amounts in the Trust shall be \n used to carry out subsection (a) and to administer the Trust.\n (d) Management.--Land and interests in land acquired under this \nsection shall be managed for the purposes described in subsection (a).\n\nSEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States an interest-bearing account, to be known as the ``Montana \nHunter and Fisherman Access Fund'', for the purpose of acquiring land \nand interests in land in the State of Montana from willing sellers at \nfair market value to--\n (1) improve public access to Federal land in the State of \n Montana for hunting or fishing; and\n (2) enhance public hunting and fishing opportunities in the \n State of Montana through the conservation of fish and wildlife.\n (b) Use.--\n (1) Principal.--The principal amount of the Fund shall be \n inviolate.\n (2) Earnings.--\n (A) In general.--Earnings on amounts in the Fund \n shall be used to carry out subsection (a).\n (B) Administration.--The earnings shall be used at \n the joint direction of--\n (i) the Chief of the Forest Service;\n (ii) the Director of the Bureau of Land \n Management; and\n (iii) the Director of the United States \n Fish and Wildlife Service.\n (c) Management.--Land and interests in land acquired under this \nsection shall be managed for the purposes described in subsection (a).","summary":"Montana Fish and Wildlife Conservation Act of 1998 - Directs the Secretary of the Interior to sell at fair market value: (1) all right, title, and interest of the United States in and to specified leaseholds , subject to valid existing rights. And (2) easements for specified access to such leaseholds. Sets forth requirements for the purchase process. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the leaseholds. Requires the leasehold purchaser to: (1) contribute 45 percent of the purchase price to each of the Canyon Ferry-Missouri River Trust and the Montana Hunter and Fisherman Access Fund. And (2) pay ten percent of the purchase price to the Secretary for deposit in the Treasury. Gives existing leaseholders an option to purchase leaseholds and nonpurchasing lessees the right to continue to lease the property under the same terms provided in existing leases. Requires the Secretary to encourage establishment of a nonprofit charitable permanent perpetual trust, to be known as the Canyon Ferry-Missouri River Trust, to provide a permanent source of funding to acquire land to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River. Establishes the Montana Hunter and Fisherman Access Fund in the Treasury for purposes of acquiring land in Montana to improve public access to Federal land for hunting or fishing and enhance public hunting and fishing opportunities through the conservation of fish and wildlife.","title":"Montana Fish and Wildlife Conservation Act of 1998","text_len":12850,"sum_len":1582} {"bill_id":"108_hr970","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Training for Realtime Writers Act \nof 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) As directed by Congress in section 723 of the \n Communications Act of 1934 (47 U.S.C. 613), as added by section \n 305 of the Telecommunications Act of 1996 (Public Law 104-104; \n 110 Stat. 126), the Federal Communications Commission adopted \n rules requiring closed captioning of most television \n programming, which gradually require new video programming to \n be fully captioned beginning in 2006.\n (2) More than 28,000,000 Americans, or 8 percent of the \n population, are considered deaf or hard of hearing and many \n require captioning services to participate in mainstream \n activities.\n (3) More than 24,000 children are born in the United States \n each year with some form of hearing loss.\n (4) According to the United States Department of Health and \n Human Services and a study done by the National Council on \n Aging--\n (A) 25 percent of Americans over 65 years old are \n hearing impaired;\n (B) 33 percent of Americans over 70 years old are \n hearing impaired; and\n (C) 41 percent of Americans over 75 years old are \n hearing impaired.\n (5) The National Council on Aging study also found that \n depression in older adults may be directly related to hearing \n loss and disconnection with the spoken word.\n (6) Empirical research demonstrates that captions improve \n the performance of those individuals learning to read English \n and, according to numerous Federal agencies' statistics, could \n benefit--\n (A) 3.7 million remedial readers;\n (B) 12 million young children learning to read;\n (C) 27 million illiterate adults; and\n (D) 30 million people for whom English is a second \n language.\n (7) Over the past 5 years, student enrollment in programs \n that train court reporters to become realtime writers has \n decreased significantly, causing such programs to close on many \n campuses.\n\nSEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB \n PLACEMENT OF REALTIME WRITERS.\n\n (a) In General.--The Secretary of Education shall make competitive \ngrants to eligible entities under subsection (b) to promote training \nand placement of individuals, including individuals who have completed \na court reporting training program, as realtime writers in order to \nmeet the requirements for closed captioning of video programming set \nforth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) \nand the rules prescribed thereunder.\n (b) Eligible Entities.--For purposes of this act, an eligible \nentity is a court reporting or realtime writing training program that--\n (1) can document and demonstrate to the Secretary of \n Education that it meets minimum standards of educational and \n financial accountability, with a curriculum capable of training \n realtime writers, qualified to provide captioning services;\n (2) is accredited by an accrediting agency recognized by \n the Department of Education; and\n (3) participates in student aid programs under title IV of \n the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)\n (c) Priority in Grants.--In determining whether to award grants \nunder this section, the Secretary of Education shall give priority to \neligible entities that--\n (1) demonstrate the greatest ability to increase their \n capacity to train realtime writers;\n (2) demonstrate the most promising collaboration with local \n educational institutions, businesses, labor organizations, or \n other community groups having the potential to train or provide \n job placement assistance to realtime writers; and\n (3) propose the most promising and innovative approaches \n for initiating or expanding training or job placement \n assistance efforts for realtime writers.\n (d) Duration of Grant.--A grant under this section shall be for a \nperiod of 2 years.\n (e) Maximum Amount of Grant.--The amount of a grant provided under \nsubsection (a) to an entity eligible may not exceed $1,500,000 for the \n2-year period of the grant.\n\nSEC. 4. APPLICATION.\n\n To receive a grant under section 3, an eligible entity shall submit \nan application to the Secretary of Education at such time and in such \nmanner as the Secretary shall require. The application shall include--\n (1) a description of the training and assistance to be \n funded using the grant amount, including how such training and \n assistance will increase the number of realtime writers;\n (2) a description of performance measures to be utilized to \n evaluate the progress of individuals receiving such training \n and assistance in matters relating to enrollment, completion of \n training, and job placement and retention;\n (3) a description of the manner in which the eligible \n entity will ensure that recipients of scholarships, if any, \n funded by the grant will be employed and retained as realtime \n writers;\n (4) a description of the manner in which the eligible \n entity intends to continue providing the training and \n assistance to be funded by the grant after the end of the grant \n period, including any partnerships or arrangements established \n for that purpose;\n (5) a description of how the eligible entity will work with \n local workforce investment boards to ensure that training and \n assistance to be funded with the grant will further local \n workforce goals, including the creation of educational \n opportunities for individuals who are from economically \n disadvantaged backgrounds or are displaced workers; and\n (6) such other information as the Secretary may require.\n\nSEC. 5. USE OF FUNDS.\n\n (a) In General.--An eligible entity receiving a grant under section \n3 shall use the grant amount for purposes relating to the recruitment, \ntraining, assistance, and job placement of individuals (including \nindividuals who have completed a court reporting training program) as \nrealtime writers, including--\n (1) recruitment activites;\n (2) subject to subsection (b), the provision of \n scholarships to individuals for training in realtime writing;\n (3) distance learning;\n (4) design and development of curriculum to more \n effectively train realtime writing skills and education in the \n knowledge bases necessary for the delivery of high quality \n closed captioning services;\n (5) assistance in job placement for upcoming and recent \n graduates with all types of captioning employers;\n (6) encouragement of individuals with disabilities to \n pursue a career in realtime writing; and\n (7) the employment and payment of personnel for such \n purposes.\n (b) Scholarships.--\n (1) Amount.--The amount of a scholarship under subsection \n (a)(2) shall be based on the amount of need of the recipient of \n the scholarship for financial assistance, as determined in \n accordance with part F of title IV of the Higher Education Act \n of 1965 (20 U.S.C. 1087kk).\n (2) Agreement.--Each recipient of a scholarship under \n subsection (a)(2) shall enter into an agreement with the \n Secretary of Education to provide realtime writing services for \n a period of time (as determined by the Secretary) that is \n appropriate for the amount of the scholarship received.\n (3) Coursework and employment.--The Secretary shall \n establish requirements for coursework and employment for \n recipients of scholarships under subsection (a)(2), including \n requirements for repayment of scholarship amounts in the event \n of failure to meet such requirements for coursework and \n employment. Requirements for repayment of scholarship amounts \n shall take into account the effect of economic conditions on \n the capacity of scholarship recipients to find work as realtime \n writers.\n (c) Administrative Costs.--The recipient of a grant under section 3 \nmay not use more than 5 percent of the grant amount to pay \nadministrative costs associated with activities funded by the grant.\n (d) Supplement not Supplant.--Grants amounts under this Act shall \nsupplement and not supplant other Federal or non-Federal funds of the \ngrant recipient for purposes of promoting the training and placement of \nindividuals as realtime writers.\n\nSEC. 6. REPORTS.\n\n Each eligible entity receiving a grant under section 3 shall submit \nto the Secretary of Education, at the end of each year of the grant \nperiod, a report which shall include--\n (1) a description of the use of grant amounts by the entity \n during such year;\n (2) an assessment, utilizing the performance measures \n submitted by the entity in the application for the grant under \n section 4(b), of the effectiveness of activities carried out \n using such funds in increasing the number of realtime writers; \n and\n (3) a description of the best practices identified by the \n entity as a result of the grant for increasing the number of \n individuals who are trained, employed, and retained in \n employment as realtime writers.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act--\n (1) $20,000,000 for each of fiscal years 2004, 2005, and \n 2006; and\n (2) such sums as may be necessary for fiscal year 2007.","summary":"Training for Realtime Writers Act of 2003 - Directs the Secretary of Education to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers to meet requirements for closed captioning in video programming. Sets forth priorities to be given in the award of such grants. Limits grants to a two-year period and a maximum amount of $1.5 million.","title":"To provide competitive grants for training court reporters and realtime writers to meet requirements for closed captioning under the Telecommunications Act of 1996, and for other purposes.","text_len":10241,"sum_len":474} {"bill_id":"114_hr5218","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Targeting Child Predators Act of \n2016''.\n\nSEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.\n\n Section 3486(a) of title 18, United States Code, is amended--\n (1) by striking ``the Secretary of the Treasury'' each \n place it appears and inserting ``the Secretary of Homeland \n Security'';\n (2) in paragraph (5), by striking ``ordered by a court''; \n and\n (3) by striking paragraph (6) and inserting the following:\n ``(6)(A)(i) If a subpoena issued under this section is \n accompanied by a certification under clause (ii) and notice of \n the right to judicial review under subparagraph (C), no \n recipient of a subpoena under this section shall disclose to \n any person that the Federal official who issued the subpoena \n has sought or obtained access to information or records under \n this section, for a period of 180 days.\n ``(ii) The requirements of clause (i) shall apply if the \n Federal official who issued the subpoena certifies that the \n absence of a prohibition of disclosure under this subsection \n may result in--\n ``(I) endangering the life or physical safety of an \n individual;\n ``(II) flight from prosecution;\n ``(III) destruction of or tampering with evidence;\n ``(IV) intimidation of potential witnesses; or\n ``(V) otherwise seriously jeopardizing an \n investigation or unduly delaying a trial.\n ``(B)(i) A recipient of a subpoena under this section may \n disclose information otherwise subject to any applicable \n nondisclosure requirement to--\n ``(I) those persons to whom disclosure is necessary \n in order to comply with the request;\n ``(II) an attorney in order to obtain legal advice \n or assistance regarding the request; or\n ``(III) other persons as permitted by the Federal \n official who issued the subpoena.\n ``(ii) A person to whom disclosure is made under clause (i) \n shall be subject to the nondisclosure requirements applicable \n to a person to whom a subpoena is issued under this section in \n the same manner as the person to whom the subpoena was issued.\n ``(iii) Any recipient that discloses to a person described \n in clause (i) information otherwise subject to a nondisclosure \n requirement shall notify the person of the applicable \n nondisclosure requirement.\n ``(iv) At the request of the Federal official who issued \n the subpoena, any person making or intending to make a \n disclosure under subclause (I) or (III) of clause (i) shall \n identify to the individual making the request under this clause \n the person to whom such disclosure will be made or to whom such \n disclosure was made prior to the request.\n ``(C)(i) A nondisclosure requirement imposed under \n subparagraph (A) shall be subject to judicial review under \n section 3486A.\n ``(ii) A subpoena issued under this section, in connection \n with which a nondisclosure requirement under subparagraph (A) \n is imposed, shall include notice of the availability of \n judicial review described in clause (i).\n ``(D) A nondisclosure requirement imposed under \n subparagraph (A) may be extended in accordance with section \n 3486A(a)(4).''.\n\nSEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.\n\n (a) In General.--Chapter 223 of title 18, United States Code, is \namended by inserting after section 3486 the following:\n``Sec. 3486A. Judicial review of nondisclosure requirements\n ``(a) Nondisclosure.--\n ``(1) In general.--\n ``(A) Notice.--If a recipient of a subpoena under \n section 3486 wishes to have a court review a \n nondisclosure requirement imposed in connection with \n the subpoena, the recipient may notify the Government \n or file a petition for judicial review in any court \n described in subsection (a)(5) of section 3486.\n ``(B) Application.--Not later than 30 days after \n the date of receipt of a notification under \n subparagraph (A), the Government shall apply for an \n order prohibiting the disclosure of the existence or \n contents of the relevant subpoena. An application under \n this subparagraph may be filed in the district court of \n the United States for the judicial district in which \n the recipient of the subpoena is doing business or in \n the district court of the United States for any \n judicial district within which the authorized \n investigation that is the basis for the subpoena is \n being conducted. The applicable nondisclosure \n requirement shall remain in effect during the pendency \n of proceedings relating to the requirement.\n ``(C) Consideration.--A district court of the \n United States that receives a petition under \n subparagraph (A) or an application under subparagraph \n (B) should rule expeditiously, and shall, subject to \n paragraph (3), issue a nondisclosure order that \n includes conditions appropriate to the circumstances.\n ``(2) Application contents.--An application for a \n nondisclosure order or extension thereof or a response to a \n petition filed under paragraph (1) shall include a \n certification from the Federal official who issued the subpoena \n indicating that the absence of a prohibition of disclosure \n under this subsection may result in--\n ``(A) endangering the life or physical safety of an \n individual;\n ``(B) flight from prosecution;\n ``(C) destruction of or tampering with evidence;\n ``(D) intimidation of potential witnesses; or\n ``(E) otherwise seriously jeopardizing an \n investigation or unduly delaying a trial.\n ``(3) Standard.--A district court of the United States \n shall issue a nondisclosure order or extension thereof under \n this subsection if the court determines that there is reason to \n believe that disclosure of the information subject to the \n nondisclosure requirement during the applicable time period may \n result in--\n ``(A) endangering the life or physical safety of an \n individual;\n ``(B) flight from prosecution;\n ``(C) destruction of or tampering with evidence;\n ``(D) intimidation of potential witnesses; or\n ``(E) otherwise seriously jeopardizing an \n investigation or unduly delaying a trial.\n ``(4) Extension.--Upon a showing that the circumstances \n described in subparagraphs (A) through (E) of paragraph (3) \n continue to exist, a district court of the United States may \n issue an ex parte order extending a nondisclosure order imposed \n under this subsection or under section 3486(a)(6)(A) for \n additional periods of 180 days, or, if the court determines \n that the circumstances necessitate a longer period of \n nondisclosure, for additional periods which are longer than 180 \n days.\n ``(b) Closed Hearings.--In all proceedings under this section, \nsubject to any right to an open hearing in a contempt proceeding, the \ncourt must close any hearing to the extent necessary to prevent an \nunauthorized disclosure of a request for records, a report, or other \ninformation made to any person or entity under section 3486. Petitions, \nfilings, records, orders, certifications, and subpoenas must also be \nkept under seal to the extent and as long as necessary to prevent the \nunauthorized disclosure of a subpoena under section 3486.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 223 of title 18, United States Code, is amended by inserting \nafter the item relating to section 3486 the following:\n\n``3486A. Judicial review of nondisclosure requirements.''.","summary":"Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certificationnbsp, process with respectnbsp, to nondisclosure requirements imposed in connection withnbsp. Specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements.","title":"Targeting Child Predators Act of 2016","text_len":8687,"sum_len":330} {"bill_id":"105_hr2874","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Insurance Disclosure Act of 1997''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Insurer.--The term ``insurer'' means any person, \n reciprocal exchange, interinsurer, Lloyds insurer, fraternal \n benefit society, or other legal entity engaged in the business \n of insurance, including agents, brokers, adjusters, and third \n party administrators. The term also includes health benefit \n plans, health carriers, and life, disability, and property and \n casualty insurers.\n (2) Health benefit plan.--The term ``health benefit plan'' \n means any public or private entity or program that provides for \n payments for health care, including--\n (A) a group health plan (as defined in section \n 2791(a)(1) of the Public Health Service Act (42 U.S.C. \n 300gg-91(a)(1)), section 733(a)(1) of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. \n 1191b(a)(1)), or section 5000(b)(1) of the Internal \n Revenue Code of 1986));\n (B) a multiple employer welfare arrangement (as \n defined in section 3(40) of the Employee Retirement \n Income Security Act (29 U.S.C. 1002(40))) that provides \n benefits consisting of medical care (as defined in \n section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), \n including items and services paid for as medical care;\n (C) any other health insurance arrangement, \n including any arrangement consisting of a hospital or \n medical expense incurred policy or certificate, \n hospital or medical service plan contract, or health \n maintenance organization subscriber contract;\n (D) workers' compensation or similar insurance to \n the extent that it relates to workers' compensation \n medical benefits (as defined in regulations of the \n Secretary);\n (E) automobile medical insurance to the extent that \n it relates to medical benefits (as defined in \n regulations of the Secretary); and\n (F) any other insurance providing for enrollees \n medical benefits (as defined in regulations of the \n Secretary) in the event of sickness, accident, \n disability, death, or unemployment.\n (3) Health carrier.--The term ``health carrier'' means a \n person that contracts or offers to contract on a risk-assuming \n basis to provide, deliver, arrange for, pay for, or reimburse \n any of the cost of health care services, including a sickness \n and accident insurance company, a health maintenance \n organization, a nonprofit hospital and health service \n corporation, or any other entity providing a plan of health \n insurance, health benefits, or health services.\n (4) Policy.--The term ``policy'' means a contract of \n insurance, certificate, indemnity, suretyship, or annuity \n issued, proposed for issuance, or intended for issuance by an \n insurer, including endorsements or riders to an insurance \n policy or contract.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL \n EXAMINATIONS.\n\n An insurer shall take such actions as are necessary to ensure that, \nin any case in which--\n (1) a medical examination of an individual is required for \n initial or continued enrollment under a policy issued by the \n insurer, and\n (2) such medical examination is conducted by a person who \n is in the employ of the insurer or whose services are procured \n otherwise by the insurer,\nsuch individual (or the individual's legal guardian) is provided all \nmedical information obtained from such examination at the same time \nthat such information is made available to the insurer and is \nencouraged to make such information available to such individual's own \nphysician.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Applicability of Certain Public Health Service Act \nProvisions.--\n (1) In general.--For purposes of sections 2722 and 2723 of \n the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), \n the provisions of section 3 shall be deemed provisions of part \n A of title XXVII of such Act. For purposes of sections 2761 and \n 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions \n of section 3 shall be deemed provisions of part B of such title \n XXVII.\n (2) Rules of construction.--In applying such sections 2722, \n 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. \n 300gg-91(d)) pursuant to paragraph (1)--\n (A) any reference to a ``health insurance issuer'' \n shall be deemed a reference to an insurer (as defined \n in section 2(1)));\n (B) any reference to ``health insurance coverage'' \n (including any such coverage offered in connection with \n a group health plan) shall be deemed a reference to a \n policy (as defined in section 2(4));\n (C) any reference to a ``group health plan'' shall \n be deemed a reference to a group insurance plan (as \n defined in section 111(b)(1) of the Employee Retirement \n Income Security Act of 1974, and subject to the same \n rules as apply with respect to group health plans under \n section 2721(a) of the Public Health Service Act (42 \n U.S.C. 300gg-21(a))); and\n (D) any reference to part A or part B of title \n XXVII of such Act shall be deemed a reference to \n sections 2 through 6 of this Act.\n (b) Private Cause of Action.--\n (1) In general.--An individual who believes that he or she \n has been adversely affected by an act or practice of an insurer \n in violation of section 3 may maintain an action against the \n insurer in a Federal or State court of original jurisdiction. \n Upon proof of such conduct by a preponderance of the evidence, \n the court may award appropriate relief, including temporary, \n preliminary, and permanent injunctive relief and compensatory \n and punitive damages, as well as the costs of suit and \n reasonable fees for the aggrieved individual's attorneys and \n expert witnesses. With respect to compensatory damages, the \n aggrieved individual may elect, at any time prior to the \n rendering of final judgment, to recover in lieu of actual \n damages, an award of statutory damages in the amount of $10,000 \n for each violation. It shall be the duty of the Federal courts \n to advance on the docket and to expedite to the greatest \n possible extent the disposition of any action for temporary or \n preliminary injunctive relief considered under this paragraph.\n (2) Additional provisions relating to jurisdiction, venue, \n attorney's fees, etc.--\n (A) In general.--Subject to subparagraph (B), \n subsections (d), (e), (f), (g), (h), and (j) of section \n 502 of the Employee Retirement Income Security Act of \n 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) \n shall apply with respect to a cause of action under \n paragraph (1) in the same manner and to the same extent \n as such subsections apply with respect to a cause of \n action under section 502(a)(1)(B) of such Act (29 \n U.S.C. 1132(a)(1)(B)).\n (B) Rules of construction.--In applying such \n subsections pursuant to subparagraph (A)--\n (i) any reference to a ``participant'' or \n ``beneficiary'' shall be deemed a reference to \n the aggrieved individual referred to in \n paragraph (1);\n (ii) any reference to an ``employee benefit \n plan'' shall be deemed a reference to an \n insurer (as defined in section (2)(A));\n (iii) any reference to the Secretary of \n Labor or the Secretary of the Treasury shall be \n deemed a reference to the Secretary of Health \n and Human Services; and\n (iv) any reference to title I of such Act \n shall be deemed a reference to sections 2 \n through 6 of this Act.\n\nSEC. 5. EFFECT ON STATE LAW.\n\n (a) In General.--Section 3 supersedes any provision of State law \nwhich is inconsistent with any provision of such section, in terms of \nproviding less protection to individuals than is provided by such \nsection, but only to the extent of such inconsistency. Nothing in \nsection 3 shall be construed to--\n (1) alter or relieve any insurer from the obligation to \n comply with any State law with respect to insurers, policies, \n and health benefit plans, except to the extent that such law is \n inconsistent with any provision of section 3, or\n (2) preclude a State from enacting any law or regulation \n that affords a greater level or broader range of protections to \nindividuals under policies or health benefit plans.\n (b) Definitions.--For purposes of this section, the terms ``State'' \nand ``State law'' have the meanings provided such terms under section \n514(c) of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1144(c)).\n\nSEC. 6. REGULATIONS.\n\n The Secretary (in consultation with the Secretary of Labor) shall \nprescribe regulations to carry out the provisions of sections 2 through \n5.\n\nSEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO \n PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION \n LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED \n FOR COVERAGE UNDER SUCH PLANS.\n\n (a) In General.--Part 1 of subtitle B of title I of the Employee \nRetirement Income Security Act of 1974 is amended--\n (1) by redesignating section 111 (29 U.S.C. 1031) as \n section 112; and\n (2) by inserting after section 110 (29 U.S.C. 1030) the \n following new section:\n\n ``disclosure to participants and beneficiaries of results of medical \n examinations conducted by group insurance plans\n\n ``Sec. 111. (a) In General.--A group insurance plan, and any \ninsurer offering a policy in connection with such plan, shall take such \nactions as are necessary to ensure that, in any case in which--\n ``(1) a medical examination of a participant or beneficiary \n is required for initial or continued eligibility for benefits, \n and\n ``(2) such medical examination is conducted by a person who \n is in the employ of the plan or the insurer or whose services \n are procured otherwise by the plan or the insurer,\nsuch participant or beneficiary (or his or her legal guardian) is \nprovided all medical information obtained from such examination at the \nsame time that such information is made available to the plan or \ninsurer and is encouraged to make such information available to his or \nher own physician.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Group insurance plan.--The term `group insurance \n plan' means an employee welfare benefit plan established and \n maintained for the purpose of providing for its participants or \n their beneficiaries, through the purchase of insurance or \n otherwise, medical, surgical, or hospital care or benefits, or \n benefits in the event of sickness, accident, disability, death, \n or unemployment.\n ``(2) Policy.--The term ``policy'' means a contract of \n insurance, certificate, indemnity, suretyship, or annuity, \n including endorsements or riders to an insurance policy or \n contract.\n ``(c) Effect on State Law.--This section supersedes any provision \nof State law which is inconsistent with any provision of this section, \nin terms of providing less protection to participants and beneficiaries \nthan is provided by this section, but only to the extent of such \ninconsistency. Nothing in this section shall be construed to--\n ``(1) alter or relieve any plan administrator from the \n obligation to comply with the laws of any State with respect to \n group insurance plans, except to the extent that such laws are \n inconsistent with any provision of this section, or\n ``(2) preclude a State from enacting any law or regulation \n that affords a greater level or broader range of protections to \n participants and beneficiaries under group insurance plans.\n ``(d) Expedited Consideration.--It shall be the duty of the Federal \ncourts to advance on the docket and to expedite to the greatest \npossible extent the disposition of any action under section 502 for \ntemporary or preliminary injunctive relief from violations of this \nsection.\n ``(e) Regulations.--The Secretary (in consultation with the \nSecretary of Health and Human Services) shall prescribe regulations to \ncarry out the provisions of this section.''.\n (b) Penalties at $100 a Day for Failure to Disclose.--Section \n502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by \nstriking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), \nor section 111(a)''.\n (c) Conforming Amendment.--The table of contents in section 1 is \namended by striking the item relating to section 111 and inserting the \nfollowing new items:\n\n``Sec. 111. Disclosure to participants and beneficiaries of results of \n medical examinations conducted by group \n insurance plans.\n``Sec. 112. Repeal and effective date.''.\n\nSEC. 8. EFFECTIVE DATE.\n\n Sections 2, 3, 4, 5, and 6 shall apply with respect to any action \ntaken on or after the date of the enactment of this Act. The amendments \nmade by section 7 shall apply with respect to plan years beginning on \nor after such date.","summary":"Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam. And (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam. And (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.","title":"Insurance Disclosure Act of 1997","text_len":14812,"sum_len":1293} {"bill_id":"108_hr3589","text":"SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS.\n\n (a) Appointment of Chief Financial Officer.--\n (1) In general.--The Governor of the Virgin Islands shall \n appoint a Chief Financial Officer, with the advice and consent \n of the Legislature of the Virgin Islands, from the names on the \n list required under section 2(d). If the Governor has nominated \n a person for Chief Financial Officer but the Legislature of the \n Virgin Islands has not confirmed a nominee within 90 days after \n receiving the list pursuant to section 2(d), the Governor shall \n appoint from such list a Chief Financial Officer on an acting \n basis until the Legislature consents to a Chief Financial \n Officer.\n (2) Acting chief financial officer.--If a Chief Financial \n Officer has not been appointed under paragraph (1) within 180 \n days after the date of the enactment of this Act, the Virgin \n Islands Chief Financial Officer Search Commission, by majority \n vote, shall appoint from the names on the list submitted under \n section 2(d), an Acting Chief Financial Officer to serve in \n that capacity until a Chief Financial Officer is appointed \n under the first sentence of paragraph (1). In either case, if \n the Acting Chief Financial Officer serves in an acting capacity \n for 180 consecutive days, without further action the Acting \n Chief Financial Officer shall become the Chief Financial \n Officer.\n (b) Transfer of Functions.--\n (1) In general.--Upon the appointment of a Chief Financial \n Officer under subsection (a), the functions of the Director of \n the Office of Management and Budget established under the laws \n of the Virgin Islands shall be transferred to the Chief \n Financial Officer. All employees of the Office of Management \n and Budget become employees of the Office of the Chief \n Financial Officer.\n (2) Documents provided.--The heads of each department of \n the Government of the Virgin Islands, in particular the head of \n the Department of Finance of the Virgin Islands and the head of \n the Internal Revenue Bureau of the Virgin Islands shall provide \n all documents and information under the jurisdiction of that \n head that the Chief Financial Officer considers required to \n carry out his or her functions to the Chief Financial Officer.\n (c) Duties of Chief Financial Officer.--The duties of the Chief \nFinancial Officer shall include the following:\n (1) Assume the functions and authority of the office of the \n Office of Management and Budget established under the laws of \n the Virgin Islands as transferred under subsection (b).\n (2) Develop a report on the financial status of the \n Government of the Virgin Islands not later than 6 months after \n appointment and quarterly thereafter. Such reports shall be \n available to the public and shall be submitted to the Committee \n on Resources in the House of Representatives and the Committee \n on Energy and Natural Resources in the Senate.\n (3) Each year certify spending limits of the annual budget \n and whether or not the annual budget is balanced.\n (4) Monitor operations of budget for compliance with \n spending limits, appropriations, and laws, and direct \n adjustments where necessary.\n (5) Develop standards for financial management, including \n inventory and contracting, for the government of the Virgin \n Islands in general and for each agency in conjunction with the \n agency head.\n (6) Oversee all aspects of the implementation of the \n financial management system provided pursuant to section 3 to \n ensure the coordination, transparency, and networking of all \n agencies' financial, personnel, and budget functions.\n (7) Provide technical staff to the Governor and legislature \n of the Virgin Islands for development of a deficit reduction \n and financial recovery plan.\n (d) Deputy Chief Financial Officer.--Until the date that is 5 years \nafter the date of the enactment of this Act, the position of the \nDirector of the Office of Management and Budget of the Virgin Islands \nshall--\n (1) have the duties, salary (as specified in subsection \n (f)(3)), and other conditions of the Deputy Chief Financial \n Officer in lieu of the duties, salary, and other conditions of \n the Director of the Office of Management and Budget of the \n Virgin Islands as such functions existed before the appointment \n of the Chief Financial Officer; and\n (2) assist the Chief Financial Officer in carrying out the \n duties of the Chief Financial Officer.\n (e) Conditions Related to Chief Financial Officer.--\n (1) Term.--The Chief Financial Officer shall be appointed \n for a term of 5 years.\n (2) Removal.--The Chief Financial Officer shall not be \n removed except for cause. An Acting Chief Financial Officer may \n be removed for cause or by a Chief Financial Officer appointed \n with the advice and consent of the Legislature of the Virgin \n Islands.\n (3) Replacement.--If the Chief Financial Officer is unable \n to continue acting in that capacity due to removal, illness, \n death, or otherwise, another Chief Financial Officer shall be \n selected in accordance with subsection (a).\n (4) Salary.--The Chief Financial Officer shall be paid at a \n salary to be determined by the Governor of the Virgin Islands, \n except such rate may not be less than the highest rate of pay \n for a cabinet officer of the Government of the Virgin Islands \n or a Chief Financial Officer serving in any government or \n semiautonomous agency.\n (f) Conditions Related to Deputy Chief Financial Officer.--\n (1) Term; removal.--The Deputy Chief Financial Officer \n shall serve at the pleasure of the Chief Financial Officer.\n (2) Replacement.--If the Deputy Chief Financial Officer is \n unable to continue acting in that capacity due to removal, \n illness, death, or otherwise, another person shall be selected \n by the Governor of the Virgin Islands to serve as Deputy Chief \n Financial Officer.\n (3) Salary.--The Deputy Chief Financial Officer shall be \n paid at a salary to be determined by the Chief Financial \n Officer, except such rate may not be less than the rate of pay \n of the Director of the Office of Management and Budget.\n (g) Resumption of Functions.--On the date that is 5 years after the \ndate of the enactment of this Act, the functions of the Chief Financial \nOfficer shall be transferred to the Director of the Office of \nManagement and Budget of the Virgin Islands.\n (h) Sunset.--This section shall cease to have effect after the date \nthat is 5 years after the date of the enactment of this Act.\n\nSEC. 2. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``Virgin Islands Chief Financial Officer Search Commission''.\n (b) Duty of Commission.--The Commission shall recommend to the \nGovernor not less than 3 candidates for nomination as Chief Financial \nOfficer of the Virgin Islands. Each candidate must have demonstrated \nability in general management of, knowledge of, and extensive practical \nexperience at the highest levels of financial management in \ngovernmental or business entities and must have experience in the \ndevelopment, implementation, and operation of financial management \nsystems. Candidates shall not have served in a policy making or \nunclassified position of the Government of the Virgin Islands in the 10 \nyears immediately preceding appointment as Chief Financial Officer.\n (c) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 9 members appointed not later than 30 days after \n the date of the enactment of this Act. Persons appointed as \n members must have recognized business, government, or financial \n expertise and experience and shall be appointed as follows:\n (A) 1 individual appointed by the Governor of the \n Virgin Islands.\n (B) 1 individual appointed by the President of the \n Legislature of the Virgin Islands.\n (C) 1 individual, who is an employee of the \n Government of the Virgin Islands, appointed by the \n Central Labor Council of the Virgin Islands.\n (D) 1 individual appointed by the Chamber of \n Commerce of St. Thomas-St. John.\n (E) 1 individual appointed by the Chamber of \n Commerce of St. Croix.\n (F) 1 individual appointed by the President of the \n University of the Virgin Islands.\n (G) 1 individual appointed by the Chief Judge of \n the Virgin Islands Territorial Court.\n (H) 1 individual, who is a resident of St. John, \n appointed by the At-Large Member of the Legislature of \n the Virgin Islands.\n (I) 1 individual appointed by the Advocates for the \n Preservation of the Retirement System.\n (2) Terms.--\n (A) In general.--Each member shall be appointed for \n the life of the Commission.\n (B) Vacancies.--A vacancy in the Commission shall \n be filled in the manner in which the original \n appointment was made. Any member appointed to fill a \n vacancy shall be appointed for the remainder of that \n term.\n (3) Basic pay.--Members shall serve without pay.\n (4) Quorum.--Five members of the Commission shall \n constitute a quorum.\n (5) Chairperson.--The Chairperson of the Commission shall \n be the Chief Judge of the Territorial Court or her designee and \n shall serve as an ex officio member of the Commission and shall \n vote only in the case of a tie.\n (6) Meetings.--The Commission shall meet at the call of the \n Chairperson. The Commission shall meet for the first time not \n later than 15 days after all members have been appointed under \n this subsection.\n (7) Government employment.--Members may not be current \n government employees, except for the member appointed under \n paragraph (1)(C); and\n (d) Report; Recommendations.--The Commission shall transmit a \nreport to the Governor and the Resources Committee of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate not later than 60 days after its first meeting. The report \nshall name the Commission's recommendations for candidates for \nnomination as Chief Financial Officer of the Virgin Islands.\n (e) Termination.--The Commission shall terminate 210 days after its \nfirst meeting.\n\nSEC. 3. FINANCIAL MANAGEMENT SYSTEM.\n\n It is hereby authorized to be appropriated such sums as necessary \nfor the installation of a Financial Management System, including \nappropriate computer hardware and software, to the Government of the \nVirgin Islands. Upon becoming available, the financial management \nsystem shall be available to the Chief Financial Officer and, after the \ndate that is 5 years after the date of the enactment of this Act, the \nDirector of the Office of Management and Budget of the Virgin Islands, \nto assist the Chief Financial Officer or the Director of the Office of \nManagement and Budget of the Virgin Islands, as the case may be, to \ncarry out the official duties of that office.\n\nSEC. 4. DEFINITIONS.\n\n For the purposes of this Act, the following definitions apply:\n (1) Chief financial officer.--In sections 1 and 2, the term \n ``Chief Financial Officer'' means a Chief Financial Officer or \n Acting Chief Financial Officer, as the case may be, appointed \n under section 1(a).\n (2) Commission.--The term ``Commission'' means the Virgin \n Islands Chief Financial Officer Search Commission established \n pursuant to section 2.\n (3) Governor.--The term ``Governor'' means the Governor of \n the Virgin Islands.\n (4) Removal for cause.--The term ``removal for cause'' \n means removal based upon misconduct, failure to meet job \n requirements, or any grounds that a reasonable person would \n find grounds for discharge.\n\nSEC. 5. NO ABROGATION OF POWERS.\n\n Nothing in this Act shall be construed to permit the Governor and \nLegislature of the Virgin Islands to dilute, delegate, or otherwise \nalter or weaken the powers and authority of the Office of Management \nand Budget established under the laws of the Virgin Islands.\n\n Passed the House of Representatives September 22, 2004.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that if: (1) the Legislature has not confirmed a nominee within 90 days the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer. And (2) a Chief Financial Officer has not been appointed within 180 days the Virgin Islands Chief Financial Officer Search Commission shall appoint from such list an Acting Chief Financial Officer until a Chief Financial Officer is appointed. Sets forth the Chief Financial Officer's duties, including: (1) assumption of the functions and authority of the Office of Management and Budget. And (2) budget and financial management systems oversight. Transfers the functions of the Director of the Office of Management and Budget to the Chief Financial Officer. Alters the position of the Director of the Office of Management and Budget to that of the Deputy Chief Financial Officer. Implements such changes for a five-year period. Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission 210 days after its first meeting. Authorizes appropriations for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. States that such system shall be available to the Chief Financial Officer, and five years after the date of enactment of this Act, to the Director of the Office of Management and Budget of the Virgin Islands. States that nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to delegate or otherwise alter the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands.","title":"To create the Office of Chief Financial Officer of the Government of the Virgin Islands.","text_len":13519,"sum_len":1971} {"bill_id":"106_hr3381","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Export Enhancement Act of 1999''.\n\nSEC. 2. OPIC ISSUING AUTHORITY.\n\n Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''.\n\nSEC. 3. IMPACT OF OPIC PROGRAMS.\n\n (a) Additional Requirements.--Section 231A of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2191a) is amended--\n (1) by redesignating subsection (b) as subsection (c);\n (2) by inserting after subsection (a) the following new \n subsection:\n ``(b) Environmental Impact.--The Board of Directors of the \nCorporation shall not vote in favor of any action proposed to be taken \nby the Corporation that is likely to have significant adverse \nenvironmental impacts that are sensitive, diverse, or unprecedented, \nunless for at least 60 days before the date of the vote--\n ``(1) an environmental impact assessment or initial \n environmental audit, analyzing the environmental impacts of the \n proposed action and of alternatives to the proposed action has been \n completed by the project applicant and made available to the Board \n of Directors; and\n ``(2) such assessment or audit has been made available to the \n public of the United States, locally affected groups in the host \n country, and host country nongovernmental organizations.''; and\n (3) in subsection (c), as so redesignated--\n (A) by inserting ``(1)'' before ``The Board''; and\n (B) by adding at the end the following:\n ``(2) In conjunction with each meeting of its Board of Directors, \nthe Corporation shall hold a public hearing in order to afford an \nopportunity for any person to present views regarding the activities of \nthe Corporation. Such views shall be made part of the record.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect 90 days after the date of the enactment of this Act.\n\nSEC. 4. BOARD OF DIRECTORS OF OPIC.\n\n Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2193(b)) is amended--\n (1) by striking the second and third sentences;\n (2) in the fourth sentence by striking ``(other than the \n President of the Corporation, appointed pursuant to subsection (c) \n who shall serve as a Director, ex officio)'';\n (3) in the second undesignated paragraph--\n (A) by inserting ``the President of the Corporation, the \n Administrator of the Agency for International Development, the \n United States Trade Representative, and'' after ``including''; \n and\n (B) by adding at the end the following: ``The United States \n Trade Representative may designate a Deputy United States Trade \n Representative to serve on the Board in place of the United \n States Trade Representative.''; and\n (4) by inserting after the second undesignated paragraph the \n following:\n ``There shall be a Chairman and a Vice Chairman of the Board, both \nof whom shall be designated by the President of the United States from \namong the Directors of the Board other than those appointed under the \nsecond sentence of the first paragraph of this subsection.''.\n\nSEC. 5. TRADE AND DEVELOPMENT AGENCY.\n\n (a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961 \n(22 U.S.C. 2421(a)) is amended by inserting before the period at the \nend of the second sentence the following: ``, with special emphasis on \neconomic sectors with significant United States export potential, such \nas energy, transportation, telecommunications, and environment''.\n (b) Contributions of Costs.--Section 661(b) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the \nend the following:\n ``(5) Contributions to costs.--The Trade and Development Agency \n shall, to the maximum extent practicable, require corporations and \n other entities to--\n ``(A) share the costs of feasibility studies and other \n project planning services funded under this section; and\n ``(B) reimburse the Trade and Development Agency those \n funds provided under this section, if the corporation or entity \n concerned succeeds in project implementation.''.\n (c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961 \n(22 U.S.C. 2421(f)) is amended--\n (1) in paragraph (1)(A) by striking ``$77,000,000'' and all \n that follows through ``1996'' and inserting ``$48,000,000 for \n fiscal year 2000 and such sums as may be necessary for each fiscal \n year thereafter''; and\n (2) in paragraph (2)(A), by striking ``in fiscal years'' and \n all that follows through ``provides'' and inserting ``in carrying \n out its program, provide, as appropriate, funds''.\n\nSEC. 6. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC.\n\n The Trade Promotion Coordinating Committee shall--\n (1) report on the actions taken or efforts currently underway \n to eliminate the areas of overlap and duplication identified among \n Federal export promotion activities;\n (2) coordinate efforts to sponsor or promote any trade show or \n trade fair;\n (3) work with all relevant State and national organizations, \n including the National Governors' Association, that have \n established trade promotion offices;\n (4) report on actions taken or efforts currently underway to \n promote better coordination between State, Federal, and private \n sector export promotion activities, including co-location, cost \n sharing between Federal, State, and private sector export promotion \n programs, and sharing of market research data; and\n (5) by not later than March 30, 2000, and annually thereafter, \n include the matters addressed in paragraphs (1), (2), (3), and (4) \n in the annual report required to be submitted under section 2312(f) \n of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)).\n\nSEC. 7. TIMING OF TPCC REPORTS.\n\n Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. \n4727(f)) is amended by striking ``September 30, 1995, and annually \nthereafter,'' and inserting ``March 30 of each year,''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors. And (2) such assessment or audit has been made available to the US public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities. Revises the composition of the OPIC Board of Directors. Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of US private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant US export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services. And (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations. Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities. (2) coordinate efforts to sponsor or promote any trade show or trade fair. (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices. And (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30.","title":"Export Enhancement Act of 1999","text_len":6446,"sum_len":2139} {"bill_id":"103_s1566","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rent-To-Own Consumer Credit \nProtection Act of 1993''.\n\nSEC. 2. RENT-TO-OWN PROTECTION ACT.\n\n The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is \namended by adding at the end the following new title:\n\n ``TITLE X--RENT-TO-OWN TRANSACTIONS\n\n``Sec.\n``1001. Short title.\n``1002. Findings and purposes.\n``1003. Definitions.\n``1004. Application of State laws regarding fees, charges, guarantees, \n and warranties.\n``1005. Application of Federal laws.\n``1006. Disclosures on goods.\n``1007. Prohibitions; enforcement.\n``1008. Civil liability.\n``1009. Regulations.\n``1010. Relationship to other laws.\n``Sec. 1001. Short title\n ``This title may be cited as the `Rent-To-Own Consumer Credit \nProtection Act'.\n``Sec. 1002. Findings and purposes\n ``(a) Findings.--The Congress finds that--\n ``(1) the rent-to-own industry targets its products \n primarily to low-income and minority neighborhoods;\n ``(2) the majority of rent-to-own customers enter into \n rent-to-own contracts with the intention of owning the goods \n for which they are contracting;\n ``(3) rent-to-own dealers often fail to disclose key terms \n of rent-to-own contracts, and engage in unfair debt collection \n practices; and\n ``(4) rent-to-own dealers do not provide customers with the \n protections afforded purchasers in retail installment sales \n under State and Federal laws, and often charge excessive fees \n and interest rates.\n ``(b) Purposes.--The purposes of this title are--\n ``(1) to provide consumers in rent-to-own transactions the \n range of protections provided under State and Federal laws to \n individuals who acquire goods in other consumer credit sales;\n ``(2) to require rent-to-own contracts, and tags affixed to \n items available for acquisition in rent-to-own transactions, to \n disclose the material terms of those transactions; and\n ``(3) to prohibit rent-to-own dealers and collection agents \n hired by such dealers from engaging in abusive collection \n practices.\n``Sec. 1003. Definitions\n ``As used in this title--\n ``(1) the term `cash price' means--\n ``(A) with respect to any item of consumer goods--\n ``(i) the bona fide retail price for the \n item as offered for sale by a seller to a \n consumer who pays the full price in one payment \n before taking possession of the item, as \n indicated by actual sales of such item; or\n ``(ii) the average cash retail price of the \n item or a similar item in the community; and\n ``(B) with respect to a service--\n ``(i) the bona fide retail value of the \n service if provided independently to a \n consumer; or\n ``(ii) the estimated bona fide retail value \n of the service;\n ``(2) the term `Commission' means the Federal Trade \n Commission;\n ``(3) the term `consumer'--\n ``(A) when used as an adjective, means for use by \n an individual primarily for personal, family, or \n household purposes; and\n ``(B) when used as a noun, means an individual who \n is the lessee or bailee under a rent-to-own contract;\n ``(4) the term `credit'--\n ``(A) includes the right granted by a seller to a \n consumer to obtain possession of an item of consumer \n goods under a rent-to-own contract before payment of \n the total amount that is required to be paid to acquire \n ownership of the item; and\n ``(B) is deemed to be a fixed sum equal to the \n difference of--\n ``(i) the total of payments for the item \n required to obtain ownership of the item under \n the contract; minus\n ``(ii) the sum of--\n ``(I) the cash price;\n ``(II) any fees specifically \n allowable under State law, except \n finance charges, interest, or a time \n price differential; and\n ``(III) the termination fee under \n section 1004;\n ``(5) the term `organization' means a corporation, trust, \n estate, partnership, cooperative, or association;\n ``(6) the term `person' means a natural person or an \n organization;\n ``(7) the term `rent-to-own contract' means a contract in \n the form of a terminable lease or bailment of an item of \n consumer goods, under which--\n ``(A) the consumer--\n ``(i) has the right of possession and use \n of the item; and\n ``(ii) has the option to renew the contract \n periodically by making payments specified in \n the contract; and\n ``(B) the seller agrees, orally or in writing, to \n transfer ownership of the item to the consumer upon the \n fulfillment of all obligations of the consumer under \n the contract for that transfer;\n ``(8) the term `rent-to-own transaction' means the lease or \n bailment of an item of consumer goods under a rent-to-own \n contract;\n ``(9) the term `seller' means--\n ``(A) a person--\n ``(i) who regularly makes consumer goods \n available under rent-to-own contracts; and\n ``(ii) to whom payments are payable under \n those contracts; and\n ``(B) an assignee of such a person; and\n ``(10) the term `State' means any State, the Commonwealth \n of Puerto Rico, the District of Columbia, and any territory or \n possession of the United States.\n``Sec. 1004. Application of State laws regarding fees, charges, \n guarantees, and warranties\n ``(a) In General.--Subject to subsection (b), a seller in a rent-\nto-own transaction may not take, receive, or assess any interest, \nfinance charge, or other fee for the transaction that is in excess of \nthe interest, fees, or finance charges that may be charged under the \nlaws of the State in which the seller is located that--\n ``(1) establish a maximum rate or amount of interest, \n finance charge, or time-price differential that may be charged \n in connection with a credit sale or retail installment sale;\n ``(2) establish the types of fees and the maximum amount of \n fees that a seller may charge in connection with a credit sale \n or retail installment sale; or\n ``(3) establish the types of credit insurance and the \n maximum amount of premiums that may be charged for credit \n insurance in connection with a credit sale or a retail \n installment sale.\n ``(b) Additional Termination Charges and Fees.--\n ``(1) Charges and fees authorized.--In addition to charges \n and fees authorized under subsection (a), a seller in a rent-\n to-own transaction may charge--\n ``(A) a termination fee in accordance with \n paragraph (2), if in exchange the consumer is given the \n right to terminate the rent-to-own contract for the \n transaction at any time without regard to whether the \n consumer has completed payment of the fee; and\n ``(B) reasonable fees for recovery of the items \n that are the subject of the contract and that are not \n voluntarily returned to the seller upon the completion \n or termination of the contract.\n ``(2) Termination fee.--A termination fee under paragraph \n (1)(A)--\n ``(A) shall not exceed 5 percent of the cash price \n disclosed under the contract;\n ``(B) shall be disclosed in the contract; and\n ``(C) may be paid at the time the contract is \n entered into or over the life of the contract; and\n ``(D) shall be calculated as part of the finance \n charge determined under section 106 of the Truth in \n Lending Act.\n ``(3) Recovery fees.--A recovery fee under paragraph (1)(B) \n shall be disclosed in the contract.\n ``(4) Effect of termination.--The termination of a rent-to-\n own contract by a consumer in accordance with a right of \n termination given to the consumer in exchange for a termination \n fee under subsection (a)(1) shall be deemed to satisfy the \n consumer's obligations for all payments and fees due under the \n contract, except for payments and fees under the contract that \n were due prior to the date of termination.\n ``(c) Guarantees and Warranties.--All guarantees and warranties \nestablished or required under the laws of a State for goods sold \npursuant to a consumer credit sale or retail installment sale shall \napply to goods that are the subject of a rent-to-own transaction in the \nState.\n``Sec. 1005. Application of Federal laws\n ``The following Federal laws apply to a rent-to-own transaction, as \nfollows:\n ``(1) Truth in lending act.--The Truth in Lending Act \n applies as it applies to consumer credit transactions other \n than consumer credit transactions under an open end credit \n plan.\n ``(2) Equal credit opportunity act.--The Equal Credit \n Opportunity Act applies as it applies to credit transactions. \n For purposes of this application--\n ``(A) a consumer shall be treated as an applicant; \n and\n ``(B) a seller shall be treated as a creditor.\n ``(3) Fair debt collection practices act.--The Fair Debt \n Collection Practices Act applies to the collection of overdue \n payments arising from a rent-to-own transaction, unless the \n payments are collected by any person specified in subparagraphs \n (A) through (F) of section 803(6) of such Act. For purposes of \n this application, overdue payments shall be treated as debt.\n ``(4) Fair credit reporting act.--The Fair Credit Reporting \n Act applies as it applies to a credit transaction and to any \n extension or denial of credit.\n``Sec. 1006. Disclosures on goods\n ``A seller shall include on each item in the place of business of \nthe seller that is available for purchase pursuant to a rent-to-own \ntransaction--\n ``(1) the cash price of the item;\n ``(2) an itemization of services offered under a rent-to-\n own contract for the item, and the cash price of each service;\n ``(3) the annual percentage rate of the item under a rent-\n to-own contract, determined under section 107 of the Truth in \n Lending Act;\n ``(4) the weekly, biweekly, monthly, or other incremental \n payment applicable under the rent-to-own contract for the \n transaction and the number of payments;\n ``(5) the total of payments required to be paid to acquire \n ownership of the item under a rent-to-own contract for the \n transaction, determined under regulations under the Truth in \n Lending Act; and\n ``(6) specification of whether the item is new or used.\n``Sec. 1007. Prohibitions; enforcement\n ``(a) Prohibitions.--A person who is a seller under a rent-to-own \ncontract with a consumer shall not--\n ``(1) threaten or invoke criminal prosecution of a consumer \n for any matter related to the contract, unless there is clear \n and convincing evidence that the goods that are the subject of \n the contract are being held by the consumer with an intent to \n defraud the seller;\n ``(2) use threats or coercion to collect or attempt to \n collect any amounts alleged to be due from the consumer;\n ``(3) engage in any conduct, the natural consequence of \n which is to oppress, harass, or abuse any person in connection \n with an attempt to collect amounts owed by the consumer under \n the contract;\n ``(4) unreasonably publicize information to third parties \n regarding amounts owed by the consumer;\n ``(5) make any fraudulent, deceptive, or misleading \n representation to obtain information about the consumer or to \n collect amounts owed by the consumer;\n ``(6) use any unconscionable means to collect or attempt to \n collect a debt owed to the seller;\n ``(7) engage in any act or practice that is unfair or \n deceptive in making, servicing, or collecting payment pursuant \n to a rent-to-own contract;\n ``(8) advertise, announce, solicit, or otherwise represent \n as free or available without charge (including by use of other \n words of similar meaning) any service under the contract for \n which the seller charges the consumer, including any service \n for which a charge is collected by inclusion in the amount \n required to be paid under the contract;\n ``(9) use, for purposes of complying with any State or \n Federal law governing rent-to-own transactions (other than a \n State or Federal tax law) any definition of the term `cash \n price' other than the definition under section 1003(2); or\n ``(10) attempt to evade the provisions of this title by any \n devise or subterfuge.\n ``(b) Enforcement.--\n ``(1) In general.--Compliance with the requirements under \n this title shall be enforced by the Commission. All functions \n and powers of the Commission under the Federal Trade Commission \n Act shall be available to the Commission to enforce compliance \n with this title by any person, irrespective of whether the \n person is engaged in commerce or meets any other jurisdictional \n tests in the Federal Trade Commission Act, including the power \n to enforce the provisions of this title in the same manner as \n if the violation had been a violation of a Commission trade \n regulation rule.\n ``(2) Treatment of violations.--For the purpose of the \n exercise by the Commission of its functions and powers under \n the Federal Trade Commission Act, a violation of any \n requirement or prohibition under this title is deemed to be an \n unfair or deceptive act or practice in commerce in violation of \n that Act.\n``Sec. 1008. Civil liability\n ``(a) Liability for Failure to Properly Disclose Terms.--A seller \nwho fails to comply with a requirement under section 1006 shall be \nliable to the consumer in an amount equal to the sum of--\n ``(1) actual damages sustained by the consumer as a result \n of the failure;\n ``(2) $500 for each failure; and\n ``(3) all costs of the action and reasonable attorney fees, \n as determined by the court.\n ``(b) Other Liability.--A seller who violates this title or fails \nto comply with any requirement imposed under this title, other than \nunder section 1005, shall be liable to the consumer in an amount equal \nto the sum of--\n ``(1) actual damages sustained by the consumer as a result \n of the violation;\n ``(2) $5,000 for each violation; and\n ``(3) all costs of the action and reasonable attorney fees, \n as determined by the court.\n ``(c) Jurisdiction; Limitation.--\n ``(1) In general.--An action under this title may be \n brought in any United States district court or in any other \n court of competent jurisdiction, not later than 2 years after \n the date of the violation or failure that is the subject of the \n action.\n ``(2) Other actions.--The 2-year statute of limitations in \n paragraph (1) shall not prohibit any person from asserting a \n violation of this title as a defense in an action to collect \n amounts alleged to be due from such person, if such action is \n brought more than 2 years after the date of the occurrence of \n the violation.\n ``(d) Remedies.--Nothing in this title shall be construed to limit \nany remedy otherwise available under State or Federal law.\n``Sec. 1009. Regulations\n ``Not later than 6 months after the date of enactment of this \ntitle, the Commission shall issue such regulations as may be necessary \nto implement this title.\n``Sec. 1010. Relationship to other laws\n ``(a) State Law.--This title does not annul, alter, affect, or \nexempt any person subject to the provisions of this title from \ncomplying with the laws of any State with respect to rent-to-own \ntransactions, except to the extent that such laws are inconsistent with \nany provision of this title, and then only to the extent of the \ninconsistency.\n ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5 \nof the Truth in Lending Act, relating to consumer leases, shall not \napply to a rent-to-own transaction to the extent application of that \nAct to the transaction is inconsistent with this title.''.\n\nSEC. 3. RECOMMENDATIONS TO CONGRESS.\n\n Not later than 2 years after the date of enactment of this Act, the \nFederal Trade Commission shall submit to the Congress any \nrecommendations for further legislative or administrative action with \nrespect to the regulation of rent-to-own transactions.\n\nSEC. 4. EFFECTIVE DATE.\n\n The provisions of this Act and the amendments made by this Act \nshall take effect on the date of enactment of this Act.\n\n \n\nS 1566 IS----2","summary":"Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged. (2) the types and maximum amount of fees that a seller may charge. Or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees, (2) the effect of termination. And (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act, (2) the Equal Credit Opportunity Act, (3) the Fair Debt Collection Practices Act. And (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price. (2) an itemization of services offered and the price of each service, (3) the annual percentage rate, (4) any applicable periodic payment and the number of payments, (5) the total number of payments required to acquire ownership. And (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability.","title":"Rent-To-Own Consumer Credit Protection Act of 1993","text_len":18601,"sum_len":2198} {"bill_id":"111_hr2220","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Essential Oral \nHealth Care Act of 2009''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS\n\nSec. 101. Grants to support volunteer dental projects.\n TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS\n\nSec. 201. Support for ensuring individuals enrolled in Medicaid have \n dental services access equal to the \n population of the State.\n\n TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS\n\nSEC. 101. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.\n\n Title V of the Social Security Act (42 U.S.C. 701 et seq.) is \namended by adding at the end the following new section:\n\n``SEC. 511. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.\n\n ``(a) Authority To Make Grants.--In addition to any other payments \nmade under this title to a State, the Secretary shall award grants to \neligible entities as defined in subsection (b) to purchase portable or \nmobile dental equipment and to pay for appropriate operational costs, \nincluding direct health care or service delivery costs, for the \nprovision of free dental services to underserved populations that are \ndelivered in a manner consistent with State licensing laws.\n ``(b) Eligible Entity.--An eligible entity under this subsection is \nan organization, such as a State or local dental association, or a \ndental education, dental hygiene education or postdoctoral dental \neducation program accredited by the Commission on Dental Accreditation, \nor a community-based organization that partners with an academic \ninstitution, that is exempt from tax under section 501(c) of the \nInternal Revenue Code of 1986 and that offers a free dental services \nprogram for underserved populations.\n ``(c) Application.--An institution desiring a grant under this \nsection shall submit an application to the Secretary in such manner as \nthe Secretary may require.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to make grants under this section $3,000,000 for each of \nfiscal years 2010 through 2014.''.\n\n TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS\n\nSEC. 201. SUPPORT FOR ENSURING INDIVIDUALS ENROLLED IN MEDICAID HAVE \n DENTAL SERVICES ACCESS EQUAL TO THE POPULATION OF THE \n STATE.\n\n (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. \n1396b) is amended by adding at the end the following new subsection:\n ``(aa) Equal Access to Oral Health Care Plan.--\n ``(1) Increase in fmap for states implementing approved \n equal access requirements.--In order to ensure adequate \n provider participation in the plan under this title and to \n ensure that individuals covered by the plan have access to oral \n health care services to the same extent as such services are \n available to the population of the State, subject to paragraph \n (3), in the case of a State that obtains the Secretary's \n approval for its plan under this title to incorporate, and to \n implement, the requirements specified in paragraph (2), \n notwithstanding section 1905(b), the Federal medical assistance \n percentage applied under the plan with respect to expenditures \n for dental and oral health services for individuals covered \n under the plan shall be increased by 25 percentage points, but \n not to exceed 90 percent, at the time the approved plan is \n implemented.\n ``(2) Provider participation and access requirements.--The \n requirements specified in this paragraph for a State are that \n the State provides the Secretary with assurances regarding each \n of the following:\n ``(A) Individuals covered by the State plan have \n access to oral health care services to the same extent \n as such services are available to the population of the \n State.\n ``(B) Payment for dental services for individuals \n covered by the State plan is made at levels consistent \n with market-based rates.\n ``(C) No fewer than 35 percent of the practicing \n dentists (including a reasonable mix of general \n dentists, pediatric dentists, and oral and \n maxillofacial surgeons) in the State participate \n (whether directly or through a plan providing dental \n services) under the State plan and there is reasonable \n distribution of such dentists serving the covered \n population.\n ``(D) Administrative barriers under this title are \n addressed to facilitate such provider participation, \n including improving eligibility verification, ensuring \n that any licensed dentist may participate in a publicly \n funded plan without also having to participate in any \n other plan, simplifying claims forms processing, \n assigning a single plan administrator for the dental \n program, and employing case managers to reduce the \n number of missed appointments.\n ``(E) Demand for services barriers under this title \n is addressed, such as educating caregivers regarding \n the need to seek dental services and addressing oral \n health care literacy issues.\n ``(3) 3-year review.--Beginning 3 years after the date of \n the enactment of this section and every 3 years thereafter the \n Secretary shall evaluate the impact of the increase in the \n Federal medical assistance percentage under this subsection on \n the rate of participation of dentists and the use of dental \n services under the State plan. If the Secretary determines that \n the increase in such percentage has not resulted in a \n commensurate increase in such participation and use rate, as \n determined in consultation with the State involved, paragraph \n (1) shall no longer apply in such State.''\n (b) Effective Date.--The amendment made by this section shall apply \nto expenditures in calendar quarters beginning on or after October 1, \n2009.","summary":"Essential Oral Health Care Act of 2009 - Amends title V of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with state licensing laws. Amends SSA title XIX (Medicaid) to increase the federal medical assistance percentage (FMAP) for states implementing equal access requirements that ensure that individuals enrolled in the state Medicaid plan have access to oral health care services to the same extent as such services are available to the population of the state.","title":"To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program.","text_len":6580,"sum_len":797} {"bill_id":"113_s1450","text":"SECTION 1. EXCISE TAX ON GROSS RECEIPTS DERIVED FROM CRUISES.\n\n (a) In General.--Subchapter B of chapter 36 of the Internal Revenue \nCode of 1986 is amended by inserting after section 4472 the following:\n\n ``PART II--AD VALOREM TAX\n\n``Sec. 4476. Imposition of tax.\n``Sec. 4477. Definitions.\n\n``SEC. 4476. IMPOSITION OF TAX.\n\n ``(a) In General.--In addition to any other tax, there is hereby \nimposed a tax of 5 percent of the allocable amount with respect to any \ncovered passenger cruise.\n ``(b) By Whom Paid.--The tax imposed by this section shall be paid \nby the person providing the covered passenger cruise.\n\n``SEC. 4477. DEFINITIONS.\n\n ``For purposes of this section--\n ``(1) Covered passenger cruise.--\n ``(A) In general.--The term `covered passenger \n cruise' means a voyage of a commercial passenger cruise \n vessel--\n ``(i) that extends over 1 or more nights, \n and\n ``(ii) during which passengers embark or \n disembark the vessel in the United States.\n ``(B) Exceptions for certain voyages.--Such term \n shall not include any voyage--\n ``(i) on any vessel owned or operated by \n the United States, a State, or any subdivision \n thereof,\n ``(ii) which occurs exclusively on the \n inland waterways of the United States, or\n ``(iii) in which a vessel in the usual \n course of employment proceeds, without an \n intervening foreign port of call from one port \n or place in the United States to the same port \n or place or to another port or place in the \n United States.\n ``(2) Passenger cruise vessel.--\n ``(A) In general.--The term `passenger cruise \n vessel' means any passenger vessel--\n ``(i) having berth or stateroom \n accommodations for at least 250 passengers, and\n ``(ii) that is used in the business of \n carrying passengers for hire.\n ``(B) Exceptions.--Such term shall not include any \n ferry, recreational vessel, sailing school vessel, \n small passenger vessel, offshore supply vessel, or any \n other vessel determined under regulations by the \n Secretary to be excluded from the application of this \n part.\n ``(C) Definitions.--Any term used in this section \n which is used in chapter 21 of title 46, United States \n Code, shall have the meaning given such term under \n section 2101 of such title.\n ``(3) Allocable amount.--The term `allocable amount' \n means--\n ``(A) in the case in which a majority of the \n passengers on any covered passenger cruise embark or \n disembark in the United States, 100 percent of the \n gross receipts attributable to such covered passenger \n cruise, and\n ``(B) in any other case, 50 percent of the gross \n receipts attributable to such covered passenger cruise.\n ``(4) United states.--The term `United States' includes any \n possession of the United States.''.\n (b) Conforming Amendment.--Subchapter B of chapter 36 of the \nInternal Revenue Code of 1986 is amended by striking all preceding \nsection 4471 and inserting the following:\n\n ``Subchapter B--Transportation by Water\n\n ``Part I--Per Passenger Tax\n\n ``Part II--Ad Valorem Tax\n\n ``PART I--PER PASSENGER TAX\n\n``Sec. 4471. Imposition of tax.\n``Sec. 4472. Definitions.''.\n (c) Effective Date.--The amendments made by this section shall \napply to voyages made after the date of the enactment of this Act.\n\nSEC. 2. INTERMODAL INFRASTRUCTURE TRUST FUND.\n\n (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new section:\n\n``SEC. 9512. INTERMODAL INFRASTRUCTURE TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is hereby established in the \nTreasury of the United States a trust fund to be known as the \n`Intermodal Infrastructure Trust Fund', consisting of such amounts as \nmay be appropriated or credited to the Intermodal Infrastructure Trust \nFund in this section or section 9602(b).\n ``(b) Transfers to Intermodal Infrastructure Trust Fund.--There are \nhereby appropriated to the Intermodal Infrastructure Trust Fund amounts \nequivalent to the taxes received in the Treasury under section 4471.\n ``(c) Expenditures From Intermodal Infrastructure Trust Fund.--\nAmounts in the Intermodal Infrastructure Trust Fund shall be available, \nas provided in appropriations Acts, for transportation improvement, \nincluding--\n ``(1) the construction or improvement of--\n ``(A) passenger or freight rail lines,\n ``(B) highways,\n ``(C) bridges,\n ``(D) airports,\n ``(E) air traffic control systems,\n ``(F) port or marine facilities,\n ``(G) inland waterways,\n ``(H) transmission or distribution pipelines,\n ``(I) public transportation facilities or systems,\n ``(J) intercity passenger bus or passenger rail \n facilities or equipment, and\n ``(K) freight rail facilities or equipment, and\n ``(2) planning, preparation, or design of any project \n described in paragraph (1).''.\n (b) Clerical Amendment.--The table of sections for subchapter A of \nChapter 98 of such Code is amended by adding at the end the following \nnew item:\n\n``Sec. 9512. Intermodal Infrastructure Trust Fund.''.","summary":"Amends the Internal Revenue Code to impose a 5 excise tax on persons providing a covered passenger cruise. Defines quot, covered passenger cruisequot. As a voyage of a commercial passenger cruise vessel that extends over one or more nights and during which passengers embark and disembark the vessel in the United States. Defines quot, passenger cruise vesselquot. As any passenger vessel having berth or stateroom accommodations for at least 250 passengers and that is used in the business of carrying passengers for hire. Establishes in the Treasury the Intermodal Infrastructure Trust Fund to be funded by the per passenger excise tax. Allows expenditures from such Fund for specified transportation improvements.","title":"A bill to amend the Internal Revenue Code of 1986 to impose an ad valorem excise tax on certain passenger cruise voyages, and for other purposes.","text_len":6248,"sum_len":716} {"bill_id":"107_s2724","text":"SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION \n OVER ENERGY TRADING MARKETS AND METALS TRADING MARKETS.\n\n (a) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7 \nU.S.C. 2(a)(8)) is amended by adding at the end the following:\n ``(C) FERC liaison.--The Commission shall, in \n cooperation with the Federal Energy Regulatory \n Commission, maintain a liaison between the Commission \n and the Federal Energy Regulatory Commission.''.\n (b) Exempt Transactions.--Section 2 of the Commodity Exchange Act \n(7 U.S.C. 2) is amended--\n (1) in subsection (h), by adding at the end the following:\n ``(7) Applicability.--This subsection does not apply to an \n agreement, contract, or transaction in an exempt energy \n commodity or an exempt metal commodity described in section \n 2(j)(1).''; and\n (2) by adding at the end the following:\n ``(j) Exempt Transactions.--\n ``(1) Transactions in exempt energy commodities and exempt \n metals commodities.--An agreement, contract, or transaction \n (including a transaction described in section 2(g)) in an \n exempt energy commodity or exempt metal commodity shall be \n subject to--\n ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b;\n ``(B) subsections (c) and (d) of section 6 and \n sections 6c, 6d, and 8a, to the extent that those \n provisions--\n ``(i) provide for the enforcement of the \n requirements specified in this subsection; and\n ``(ii) prohibit the manipulation of the \n market price of any commodity in interstate \n commerce or for future delivery on or subject \n to the rules of any contract market;\n ``(C) sections 6c, 6d, 8a, and 9(a)(2), to the \n extent that those provisions prohibit the manipulation \n of the market price of any commodity in interstate \n commerce or for future delivery on or subject to the \n rules of any contract market;\n ``(D) section 12(e)(2); and\n ``(E) section 22(a)(4).\n ``(2) Bilateral dealer markets.--\n ``(A) In general.--Except as provided in paragraph \n (6), a person or group of persons that constitutes, \n maintains, administers, or provides a physical or \n electronic facility or system in which a person has the \n ability to offer, execute, trade, or confirm the \n execution of an agreement, contract, or transaction \n (including a transaction described in section 2(g)) \n (other than an agreement, contract, or transaction in \n an excluded commodity) by making or accepting the bids \n and offers of 1 or more participants on the facility or \n system (including facilities or systems described in \n clauses (i) and (iii) of section 1a(33)(B)), the person \n or group of persons, and the facility or system \n (referred to in this subsection as a `bilateral dealer \n market') may offer to enter into, enter into, or \n confirm the execution of any agreement, contract, or \n transaction under paragraph (1) (other than an \n agreement, contract, or transaction in an excluded \n commodity) if the bilateral dealer market meets the \n requirement of subparagraph (B).\n ``(B) Requirement.--The requirement of this \n subparagraph is that a bilateral dealer market shall--\n ``(i) provide notice to the Commission in \n such form as the Commission may specify by rule \n or regulation;\n ``(ii) file with the Commission any reports \n (including large trader position reports) that \n the Commission requires by rule or regulation;\n ``(iii)(I) consistent with section 4i, \n maintain books and records relating to each \n transaction in such form as the Commission may \n specify for a period of 5 years after the date \n of the transaction; and\n ``(II) make those books and records \n available to representatives of the Commission \n and the Department of Justice for inspection \n for a period of 5 years after the date of each \n transaction; and\n ``(iv) make available to the public on a \n daily basis such information as total volume by \n commodity, settlement price, open interest, \n opening and closing ranges, and any other \n information that the Commission determines to \n be appropriate for public disclosure, except \n that the Commission may not--\n ``(I) require the real time \n publication of proprietary information; \n or\n ``(II) prohibit the commercial sale \n of real time proprietary information.\n ``(3) Reporting requirements.--On request of the \n Commission, an eligible contract participant that trades on a \n bilateral dealer market shall provide to the Commission, within \n the time period specified in the request and in such form and \n manner as the Commission may specify, any information relating \n to the transactions of the eligible contract participant on the \n bilateral dealer market within 5 years after the date of any \n transaction that the Commission determines to be appropriate.\n ``(4) Capital requirements.--\n ``(A) In general.--Except as provided in \n subparagraph (B), a bilateral dealer market shall adopt \n a value-at-risk model approved by the Commission.\n ``(B) Capital commensurate with risk.--If there is \n an interaction of multiple bids and multiple offers on \n the bilateral dealer market in a predetermined, \n nondiscretionary automated trade matching and trade \n execution algorithm or bids and offers and acceptances \n of bids and offers made on the bilateral dealer market \n are binding, a bilateral dealer market shall maintain \n sufficient capital commensurate with the risk \n associated with transactions on the bilateral dealer \n market, as determined by the Commission.\n ``(5) Transactions exempted by commission action.--Any \n agreement, contract, or transaction on a bilateral dealer \n market (other than an agreement, contract, or transaction in an \n excluded commodity) that would otherwise be exempted by the \n Commission under section 4(c) shall be subject to--\n ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; and\n ``(B) subsections (c) and (d) of section 6 and \n sections 6c, 6d, 8a, and 9(a)(2), to the extent that \n those provisions prohibit the manipulation of the \n market price of any commodity in interstate commerce or \n for future delivery on or subject to the rules of any \n contract market.\n ``(6) No effect on other ferc authority.--This subsection \n does not affect the authority of the Federal Energy Regulatory \n Commission to regulate transactions under the Federal Power Act \n (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C 717 \n et seq.).\n ``(7) Applicability.--This subsection does not apply to--\n ``(A) a designated contract market regulated under \n section 5; or\n ``(B) a registered derivatives transaction \n execution facility regulated under section 5a.''.\n (c) Contracts Designed to Defraud or Mislead.--Section 4b of the \nCommodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection \n(a) and inserting the following:\n ``(a) Prohibition.--It shall be unlawful for any member of a \nregistered entity, or for any correspondent, agent, or employee of any \nmember, in or in connection with any order to make, or the making of, \nany contract of sale of any commodity in interstate commerce, made, or \nto be made on or subject to the rules of any registered entity, or for \nany person, in or in connection with any order to make, or the making \nof, any agreement, transaction, or contract in a commodity subject to \nthis Act--\n ``(1) to cheat or defraud or attempt to cheat or defraud \n any person;\n ``(2) willfully to make or cause to be made to any person \n any false report or statement, or willfully to enter or cause \n to be entered any false record;\n ``(3) willfully to deceive or attempt to deceive any person \n by any means; or\n ``(4) to bucket the order, or to fill the order by offset \n against the order of any person, or willfully, knowingly, and \n without the prior consent of any person to become the buyer in \n respect to any selling order of any person, or to become the \n seller in respect to any buying order of any person.''\n (d) Conforming Amendments.--The Commodity Exchange Act is amended--\n (1) in section 2 (7 U.S.C. 2)--\n (A) in subsection (h)--\n (i) in paragraph (1), by striking \n ``paragraph (2)'' and inserting ``paragraphs \n (2) and (7)''; and\n (ii) in paragraph (3), by striking \n ``paragraph (4)'' and inserting ``paragraphs \n (4) and (7)''; and\n (B) in subsection (i)(1)(A), by striking ``section \n 2(h) or 4(c)'' and inserting ``subsection (h) or (j) or \n section 4(c)'';\n (2) in section 4i (7 U.S.C. 6i)--\n (A) by striking ``any contract market or'' and \n inserting ``any contract market,''; and\n (B) by inserting ``, or pursuant to an exemption \n under section 4(c)'' after ``transaction execution \n facility'';\n (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking \n ``section 2(h)'' and inserting ``subsection (h) or (j) of \n section 2'';\n (4) in section 5b (7 U.S.C. 7a-1)--\n (A) in subsection (a)(1), by striking ``2(h) or'' \n and inserting ``2(h), 2(j), or''; and\n (B) in subsection (b), by striking ``2(h) or'' and \n inserting ``2(h), 2(j), or''; and\n (5) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by \n striking ``section 2(h) or 4(c)'' and inserting ``subsection \n (h) or (j) of section 2 or section 4(c)''.\n\nSEC. 2. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER \n ENERGY TRADING MARKETS.\n\n Section 402 of the Department of Energy Organization Act (42 U.S.C. \n7172) is amended by adding at the end the following:\n ``(i) Jurisdiction Over Derivatives Transactions.--\n ``(1) In general.--To the extent that the Commission \n determines that any contract that comes before the Commission \n is not under the jurisdiction of the Commission, the Commission \n shall refer the contract to the appropriate Federal agency.\n ``(2) Meetings.--A designee of the Commission shall meet \n quarterly with a designee of the Commodity Futures Trading \n Commission, the Securities Exchange Commission, the Federal \n Trade Commission, and the Federal Reserve Board to discuss--\n ``(A) conditions and events in energy trading \n markets; and\n ``(B) any changes in Federal law (including \n regulations) that may be appropriate to regulate energy \n trading markets.\n ``(3) Liaison.--The Commission shall, in cooperation with \n the Commodity Futures Trading Commission, maintain a liaison \n between the Commission and the Commodity Futures Trading \n Commission.''.","summary":"Amends the Commodity Exchange Act to instruct the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to maintain a liaison with one another. Places transactions in certain energy or metal commodities within the regulatory and enforcement framework governing futures trading and foreign transactions . Places electronic trading facilities under the regulatory oversight of the CFTC, including filing, recordkeeping, reporting and capital requirements. Prohibits contracts designed to defraud or mislead. Amends the Department of Energy Organization Act to mandate that the following agencies hold quarterly meetings to discuss conditions in energy trading markets and any changes in Federal law needed to regulate them: FERC, CFTC, the Securities Exchange Commission, the Federal Trade Commission and the Federal Reserve Board.","title":"A bill to provide regulatory oversight over energy trading markets and metals trading markets, and for other purposes.","text_len":13057,"sum_len":873} {"bill_id":"105_s2545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare HMO Protection Act of \n1998''.\n\nSEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS.\n\n Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w-\n21(g)(3)) is amended by adding at the end the following:\n ``(E) Authority to delay termination date.--\n ``(i) In general.--If a Medicare+Choice \n organization terminates a plan under \n subparagraph (B)(iii), the Secretary may delay \n the effectiveness of such termination if the \n Secretary determines that--\n ``(I) the termination would cause \n an imminent and serious risk to the \n health of individuals enrolled under \n the plan under this part;\n ``(II) the termination would result \n in a significant reduction in the \n Medicare+Choice plans that are \n available in the area affected by the \n termination; or\n ``(III) the organization \n terminating coverage is offering \n Medicare+Choice plans in contract areas \n that are in close proximity to the area \n affected by the termination without \n suffering considerable financial \n losses.\n In making the determination described in \n subclause (III), the Secretary may audit and \n inspect any books or records of the \n organization pursuant to the authority provided \n to the Secretary under section 1857(d).\n ``(ii) End of delay.--The Secretary may end \n a delay under clause (i), prior to the end of \n the period established by the Secretary under \n such clause, if the Secretary determines that \n an adequate provider network has been \n established which will provide at least an \n equal level of insurance coverage as existed in \n the area affected by the termination on the \n date the Medicare+Choice organization informed \n the Secretary of its intention to terminate the \n contract.\n ``(F) Authority to renegotiate contract.--If the \n Secretary delays the effectiveness of a termination for \n a period pursuant to subparagraph (E), the Secretary \n and the Medicare+Choice organization terminating \n coverage pursuant to subparagraph (B)(iii) may \n negotiate during such period for a new contract under \n section 1857 which will enable such organization to \n continue such coverage. In negotiating such contract, \n the Secretary shall ensure that beneficiaries are not \n adversely affected by such contract.''.\n\nSEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 \n YEARS.\n\n (a) In General.--Section 1857(c)(1) of the Social Security Act (42 \nU.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 \nyear'' and inserting ``a term of at least 3 years''.\n (b) Effective Date.--The amendment made by subsection (a) applies \nto contracts entered into on or after the date of enactment of this \nAct.\n\nSEC. 4. NOTICE OF TERMINATION.\n\n (a) In General.--Section 1857(d)(3) of the Social Security Act (42 \nU.S.C. 1395w-27(d)(3)) is amended to read as follows:\n ``(3) Enrollee notice at time of termination.--\n ``(A) In general.--Each contract under this section \n shall require the organization to provide (and pay for) \n written notice at least 120 days prior to the \n contract's termination, as well as a description of \n alternatives for obtaining benefits under this title, \n to each individual enrolled with the organization under \n this part.\n ``(B) Description.--The description of alternatives \n referred to in subparagraph (A) shall include a \n description of--\n ``(i) all Medicare+Choice plans and \n medicare supplemental policies available in the \n area where the contract that is being \n terminated is serving beneficiaries and the \n costs of such plans and policies; and\n ``(ii) the telephone number of local social \n service agencies providing assistance to \n medicare beneficiaries in such area.''.\n (b) Effective Date.--The amendment made by subsection (a) applies \nto any notice of termination which is provided on or after the date of \nenactment of this Act.","summary":"Medicare HMO Protection Act of 1998 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a MedicareChoice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees. (2) the termination would result in a significant reduction in the MedicareChoice plans available in the area affected. Or (3) the organization terminating coverage is offering MedicareChoice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with MedicareChoice organizations to provide for extension of the initial MedicareChoice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.","title":"Medicare HMO Protection Act of 1998","text_len":5442,"sum_len":969} {"bill_id":"108_hr811","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Medical Access Raising Test \nScores Health Act'', or the ``SMARTS Health Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) The Journal of the American Medical Association reports \n that protecting children's health requires two key elements, \n which are (A) that a caring adult is engaged in the life of the \n child, and (B) that there is a connection between the child and \n his or her school.\n (2) Schools offer the most natural community setting in \n which individuals live, work, and play. Schools are a respected \n element of community infrastructure and are recognized as the \n most valuable element in creating connection and support for \n children, families, and communities.\n (3) Primary care and behavioral health services are among \n the most important elements of a comprehensive approach to \n promoting health and education and preventing illness in \n children and youth.\n (4) School safety and violence prevention are critical to \n the well-being of each student, and early intervention and \n mental health care significantly reduce school discipline \n problems.\n (5) Good health is a prerequisite for optimal learning, and \n schools can help students achieve academic success by \n participating in efforts that promote good health, including \n access to regular medical and mental health care.\n (6) Children are experiencing increasing rates of \n behavioral and physical illness, such as attention deficit \n hyperactivity disorder (ADHD) and asthma and diabetes, and are \n experiencing increasing rates of obesity that portend \n increasing rates of diabetes, heart disease, and cancer later \n in life.\n (7) In order to be effective, new strategies for prevention \n must be built on community-based, community-designed, and \n community-implemented strategies.\n (8) Effective behavioral and physical health services can \n be provided in a school-based setting in such a way as to \n prevent later disease.\n (9) Schools are ideal settings in which to provide care for \n children, especially those who would otherwise have inadequate \n access to health services. Limited access contributes directly \n to the growing rates of disease among children. Prevention \n strategies should be joined with treatment to develop an \n understanding of what types of prevention can reduce rates of \n illness, and therefore the need for treatment. Higher rates of \n disease, even with adequate access to health services, portend \n loss of vitality and higher complications from disease.\n (10) School-based health programs should focus on improving \n behavioral and physical health, including with respect to \n obesity.\n (11) By reducing the incidence of disease, effective \n community-based prevention programs (whether through school-\n based approaches or otherwise) result in significant savings to \n the Federal Government and to the States by reducing \n expenditures in Federal and State health services programs. \n Such savings should be dedicated to further prevention efforts, \n which in turn will result in further savings. Savings that \n result from prevention programs should not be redirected to \n unrelated purposes, and prevention programs that achieve \n savings should not be penalized by having their funding levels \n reduced.\n\nSEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH \n PROGRAMS.\n\n (a) In General.--\n (1) Program of grants.--The Secretary of Health and Human \n Services may make demonstration grants to eligible entities for \n the purpose of expanding school-based health programs that are \noperated by such entities.\n (2) Consultation.--The Secretary shall coordinate the \n program under this section with the program under title XIX of \n the Social Security Act (relating to Medicaid); the program \n under title XXI of such Act (relating to the State children's \n health insurance program); programs of the Substance Abuse and \n Mental Health Services Administration; programs of the Health \n Resources and Services Administration; programs of the Centers \n for Disease Control and Prevention; programs of the Agency for \n Healthcare Research and Quality; programs of the National \n Institutes of Health; and the National Center on Minority \n Health and Health Disparities.\n (b) Eligible Entities.--An entity is an eligible entity for \npurposes of this Act if--\n (1) the entity is a public or nonprofit private institution \n of higher education or a local educational agency;\n (2) the entity operates a school-based health program;\n (3) the health services provided by such program include \n preventive health services and behavioral health services, \n including with respect to nutrition, physical activity, and \n otherwise preventing or treating obesity; and\n (4) such program is carried out in coordination with public \n and nonprofit private entities in the community involved that \n provide health, education, or social services to children.\n (c) Certain Programs.--Grants under subsection (a) shall be made \nonly to the following entities (subject to the submission of an \napplication in accordance with subsection (d) demonstrating status as \nan eligible entity), and for the following purposes:\n (1) To the University of Maryland for expanding the school-\n based health program operated by such University in the \n vicinity of Baltimore, in the State of Maryland.\n (2) To the local educational agency that operates a school-\n based health program in an independent school district in the \n vicinity of Dallas, in the State of Texas, for expanding such \n program.\n (3) To the University of New Mexico for expanding the \n school-based health program operated by such University in the \n State of New Mexico.\n (4) To the University of California, Los Angeles, for \n expanding the school-based health program operated by such \n University in the vicinity of Los Angeles, in the State of \n California.\n (5) To the Child Study Center Outpatient Clinic, Yale \n University, for expanding the school-based health program \n operated by such Center in the vicinity of New Haven, in the \n State of Connecticut.\n (6) To the University of Illinois at Chicago, for expanding \n the school-based health program operated by such University in \n the vicinity of Chicago, in the State of Illinois.\n (d) Application for Grant.--A grant may be made under subsection \n(a) only if an application for the grant is submitted to the Secretary \nand the application is in such form, is made in such manner, and \ncontains such agreements, assurances, and information as the secretary \ndetermines to be necessary to carry out this section.\n (e) Outcome Goals.--In making a grant under subsection (a) for a \nschool-based health program, the Secretary shall establish goals for \nthe program in terms of health outcomes for the children served by the \nprogram. Such goals shall be based on the objectives established by the \nSecretary as part of the initiative known as Healthy People 2010, or on \nother measures determined by the Secretary to be appropriate.\n (f) Evaluations; Report.--\n (1) Evaluations.--The Secretary, directly or through grants \n or contracts, shall provide for evaluations of the school-based \n programs for which grants under subsection (a) are made. Such \n evaluations shall determine whether the programs have met the \n applicable goals under subsection (e), and shall determine the \n extent to which the programs have increased the access of the \n children involved to health services, have enhanced the overall \n health status of the children, and have reduced disease rates.\n (2) Report.--Not later than December 31, 2004, the \n Secretary shall submit to the Congress a report that describes \n the findings made through evaluations under paragraph (1) and \n that provides the recommendations of the Secretary for a \n comprehensive national program to provide grants for the \n establishment and operation of school-based health programs, \n including a recommendation on the amount of funds that should \n be made available for the comprehensive national program, \n taking into account the savings that can be achieved in Federal \n and State health services programs by reducing the incidence of \n disease in the populations served by the program.\n (g) Definitions.--\n (1) The term ``institution of higher education'' has the \n meaning given such term in section 101(a) of the Higher \n Education Act of 1965.\n (2) The term ``local educational agency'' has the meaning \n given such term in section 9101(26) of the Elementary and \n Secondary Education Act of 1965.\n (3) The term ``Secretary'' means the Secretary of Health \n and Human Services.\n (h) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2003 through 2008.","summary":"Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs. Directs the Secretary to coordinate such grants program with other specified health programs. Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity. (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity. (3) the University of New Mexico for its program in New Mexico. (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity. (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity. And (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity. Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served.","title":"To authorize the Secretary of Health and Human Services to make demonstration grants to promote the well-being and educational achievement of children through school-based health programs.","text_len":9922,"sum_len":1146} {"bill_id":"106_hr868","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fallen Timbers Battlefield and Fort \nMiamis National Historical Site Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The 185-acre Fallen Timbers Battlefield is the site of \n the 1794 battle between the United States Army, led by General \n Anthony Wayne, and the confederation of Native American tribes \n led by the great Chief Tecumseh.\n (2) British troops, led by General Henry Proctor, landed at \n Fort Miamis in the spring of 1813 and attacked the fort twice, \n without success.\n (3) Fort Miamis and the Fallen Timbers Battlefield are in \n Lucas County, Ohio, in the city of Maumee.\n (4) The 9-acre Fallen Timbers Battlefield Monument is \n listed as a National Historic Landmark.\n (5) Fort Miamis is listed in the National Register of \n Historic Places as a historic site.\n (6) In 1959, the Battle of Fallen Timbers was included in \n the National Survey of Historic Sites and Buildings as 1 of 22 \n sites representing the ``Advance of the Frontier, 1763-1830''.\n (7) In 1960, the Battle of Fallen Timbers was designated as \n a National Historic Landmark.\n (b) Purposes.--The purposes of this Act are the following:\n (1) To recognize and preserve the 185-acre Fallen Timbers \n Battlefield site.\n (2) To formalize the linkage of the Fallen Timbers \n Battlefield and Monument to Fort Miamis.\n (3) To preserve and interpret United States military \n history and Native American culture in the Northwest Territory \n during the period from 1794 through 1813.\n (4) To provide assistance to the State of Ohio, political \n subdivisions of the State, and nonprofit organizations in the \n State, in implementing a management plan that will preserve and \n interpret the historical, cultural, natural, recreational, and \n scenic resources of the historical site.\n (5) To authorize the Secretary to provide technical \n assistance to the State of Ohio, political subdivisions of the \n State, and nonprofit organizations in the State (including the \n Ohio Historical Society, the city of Maumee, the Maumee Valley \n Heritage Corridor, the city of Toledo, the Fallen Timbers \n Battlefield Preservation Commission, and the Metropark District \n of the Toledo Area) in developing the management plan.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Historical site.--The term ``historical site'' means \n the Fallen Timbers Battlefield and Monument and Fort Miamis \n National Historical Site established by section 4.\n (2) Management entity.--The term ``management entity'' \n means--\n (A) the Ohio Historical Society, the city of \n Maumee, the Maumee Valley Heritage Corridor, Inc., the \n city of Toledo, the Metropark District of the Toledo \n Area, and\n (B) any other entity designated by the Governor of \n Ohio and approved by the Secretary in accordance with \n section 5, as a member of the management entity;\n acting jointly.\n (3) Management plan.--The term ``management plan'' means a \n plan for management of the historical site, that is developed \nby the management entity and approved by the Secretary in accordance \nwith section 7.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Technical assistance.--The term ``technical \n assistance'' means any guidance, advice, or other aid, other \n than financial assistance, provided by the Secretary.\n\nSEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL \n SITE.\n\n (a) Establishment.--There is established in the State of Ohio the \nFallen Timbers Battlefield and Fort Miamis National Historical Site.\n (b) Components.--\n (1) In general.--The historical site is comprised of the \n following:\n (A) The Fallen Timbers site, comprised generally of \n the following:\n (i) The Fallen Timbers battlefield site, \n consisting of an approximately 185-acre parcel \n located north of U.S. 24, west of U.S. 23\/I-\n 475, south of the Norfolk and Western Railroad \n line, and east of Jerome Road.\n (ii) The approximately 9-acre Fallen \n Timbers battlefield monument, located south of \n U.S. 24.\n (B) The Fort Miamis Park site.\n (2) Map.--The management entity shall prepare a map of the \n historical site, which shall be on file and available for \npublic inspection in the offices of the management entity.\n (3) Consent of local property owners.--No privately owned \n property shall be included within the boundaries of the \n historical site unless the owner of the property consents to \n the inclusion.\n\nSEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY.\n\n Not later than 60 days after the date of the enactment of this Act, \nthe Governor of Ohio may designate any entity for purposes of section \n3(2)(A) and transmit that designation to the Secretary. The Secretary \nshall approve or disapprove any entity designated by the Governor by \nnot later than 60 days after the date of that transmittal.\n\nSEC. 6. WITHDRAWAL OF DESIGNATION.\n\n (a) In General.--The historical site shall remain a National \nhistorical site unless--\n (1) the Secretary determines that--\n (A) the use, condition, or development of the \n historical site is incompatible with the purposes of \n this Act; or\n (B) the management entity has not made reasonable \n and appropriate progress in preparing or implementing \n the management plan for the historical site; and\n (2) after making a determination under paragraph (1), the \n Secretary submits to the Congress notification that \n establishment of the historical site should be withdrawn.\n (b) Public Hearing.--Before the Secretary makes a determination \nunder subsection (a)(1), the Secretary shall hold a public hearing in \nthe historical site.\n (c) Time of Withdrawal of Designation.--\n (1) Definition of legislative day.--In this subsection, the \n term ``legislative day'' means any calendar day on which both \n Houses of Congress are in session.\n (2) Time period.--The withdrawal of the historical site \n designation shall become final 90 legislative days after the \n Secretary submits to Congress the notification under subsection \n (a)(2).\n\nSEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS.\n\n (a) Approval.--\n (1) In general.--The management entity shall submit any \n proposed management plan to the Governor of the State of Ohio. \n Within 60 days after receiving the proposed management plan, \n the Governor shall transmit to the Secretary the proposed plan \n and any recommendations of the Governor regarding the proposed \n plan. Within 30 days after receiving the proposed management \n plan, the Secretary shall approve the proposed plan or return \n it to the Governor with any changes recommended by the \n Secretary.\n (2) Role of secretary.--The Secretary may not approve a \n proposed management plan unless it includes provisions which \n describe the role of the Secretary in implementing the plan.\n (3) Assistance.--The Secretary shall assist the management \n entity in the preparation of the management plan.\n (b) Ensuring Consistency of Other Federal Actions.--Any Federal \nagency conducting an activity directly affecting the historical site \nshall consider the potential effect of the activity on the management \nplan and shall consult with the management entity with respect to the \nactivity to minimize the adverse effects of the activity on the \nhistorical site.\n\nSEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.\n\n (a) No Effect on Authority of Governments.--Nothing in this Act \nmodifies, enlarges, or diminishes the authority of any Federal \ndepartment or agency to regulate the use of land.\n (b) No Zoning or Land Use Powers.--Nothing in this Act--\n (1) grants any power of zoning or land use control to the \n management entity; or\n (2) modifies, enlarges, or diminishes any existing \n authority to regulate land use by any State or local government \n entity which is a member of the management entity.\n (c) No Effect on Local Authority or Private Property.--Nothing in \nthis Act affects or authorizes the management entity to interfere \nwith--\n (1) the rights of any person with respect to private \n property; or\n (2) any local zoning ordinance or land use plan of the \n State of Ohio or a political subdivision of the State.\n\nSEC. 9. FISHING, TRAPPING, AND HUNTING.\n\n (a) No Diminishment of State Authority.--Establishment of the \nhistorical site does not diminish the authority of the State of Ohio to \nmanage fish and wildlife, including the regulation of fishing, hunting, \nand trapping in the historical site.\n (b) No Conditioning of Approval and Assistance.--Neither the \nSecretary nor any other Federal agency may make a limitation on \nfishing, hunting, or trapping--\n (1) a condition of the determination of eligibility for \n assistance under this Act; or\n (2) a condition for the receipt, in connection with the \n historical site, of any other form of assistance from the \n Secretary or the agency, respectively.","summary":"Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.","title":"Fallen Timbers Battlefield and Fort Miamis National Historical Site Act","text_len":10196,"sum_len":559} {"bill_id":"104_hr2466","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Land Exchange Improvement \nAct of 1995''.\n\nSEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT.\n\n Section 206(h)(1)(A) of the Federal Land Policy and Management Act \nof 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out \n``$150,000'' and inserting in lieu thereof ``$500,000, adjusted \nannually on a fiscal year basis commencing in fiscal year 1997 by the \naverage change over the previous fiscal year of the Consumer Price \nIndex (all items--United States city average) published monthly by the \nBureau of Labor Statistics''.\n\nSEC. 3. USE OF FUNDS.\n\n Section 206(b) of the Federal Land Policy and Management Act of \n1976 (43 U.S.C. 1716) is amended--\n (1) by inserting ``(1)'' after ``(b)''; and\n (2) by adding at the end the following:\n ``(2)(A) Amounts received by the Secretary concerned under \nparagraph (1) shall be deposited in a special fund in the Treasury of \nthe United States, subject to subparagraph (B). Such amounts shall, \nsubject to the availability of appropriations, be available to the \nSecretary concerned for processing land exchanges.\n ``(B) Amounts in the fund referred to in subparagraph (A) may not \nexceed $12,000,000 at any time. Amounts received by the Secretary \nconcerned under this section which, but for this subparagraph, would be \nadded to such fund shall instead be covered over into the Treasury of \nthe United States as miscellaneous receipts.''.\n\nSEC. 4. EXCHANGE PROCESSING.\n\n Section 206(b) of the Federal Land Policy and Management Act of \n1976 (43 U.S.C. 1716), as amended by section 3, is further amended by \nadding at the end the following paragraph:\n ``(3)(A)(i) An environmental assessment shall be the \n document prepared for any exchange under this Act pursuant to \n section 102(2) of the National Environmental Policy Act of 1969 \n (42 U.S.C. 4332(2)).\n ``(ii) Any conferencing or consultation required for an \n exchange under this Act pursuant to section 7(a) of the \n Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be \n completed within 45 days after the date on which the \n conferencing or consultation is initiated.\n ``(iii) After completion of an exchange under this Act, no \n action may be taken on the non-Federal land acquired in an \n exchange until the Secretary concerned has complied with \n section 102(2) of the National Environmental Policy Act of 1969 \n and section 7(a) of the Endangered Species Act of 1973 \n concerning such action, and any necessary amendment to the land \n management plan applicable to such land and such action.\n ``(B) The Secretary shall complete processing, and make a \n final decision, on any exchange under this Act within one year \n from the date of submission of the application for the \n exchange.\n ``(C) The non-Federal land to be included in any exchange \n under this Act shall be valued without the application of any \n Federal or State restriction concerning an environmental value \n or resource the protection of which is considered by the \n Secretary concerned as a public benefit to be obtained by the \n exchange.''.\n\nSEC. 5. MINOR BOUNDARY ADJUSTMENTS.\n\n Section 206 of the Federal Land Policy and Management Act of 1976 \n(43 U.S.C. 1716) is amended by adding at the end thereof the following:\n ``(j) Notwithstanding the other provisions of this Act and other \napplicable laws which require that exchanges of land or interests \ntherein be for equal or approximately equal value, the Secretary \nconcerned may dispose of lands by exchange to make such minor \nadjustments to the boundary of a unit of the public lands or the \nNational Forest System as may be necessary to reflect actual conditions \nin the unit which are not of comparable character to the unit. In \nmaking such adjustments, the amount of land added to the unit may not \nexceed the amount of land removed from the unit.''.\n\nSEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA \n RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF \n AGRICULTURE.\n\n Subsection (a) of the first section of the Act entitled ``An Act \nrelating to the administrative jurisdiction of certain public lands in \nthe State of Oregon, and for other purposes'', approved June 24, 1954 \n(43 U.S.C. 1181g(a)), is amended by striking out the last sentence.\n\nSEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE \n CONVEYED.\n\n The first section of the Act entitled ``An Act to facilitate \nexchanges of land under the Act of March 20, 1922(42 Stat. 465), for \nuse for public schools, and for other purposes'', approved December 4, \n1967 (16 U.S.C. 484a), is amended by striking out ``on the date of \nenactment of this sentence'' and inserting in lieu thereof ``for the \nfive-year period ending on the date of conveyance''.\n\nSEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES \n FARM TENANT ACT.\n\n The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7 \nU.S.C. 1011(c)) by adding at the end the following: ``The Secretary may \nwaive the requirements of this paragraph that lands be sold, exchanged, \nor granted only to public authorities and agencies and only on \ncondition that the property is used for public purposes after the \nSecretary consults with the head of any other Federal agency that has a \nproperty interest in the lands, such as a federally-owned building or \nother improvements.''.","summary":"Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for approximately equal value exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling. And (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.","title":"Federal Land Exchange Improvement Act of 1995","text_len":5689,"sum_len":1009} {"bill_id":"105_hr1428","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voter Eligibility Verification \nAct''.\n\nSEC. 2. VOTER ELIGIBILITY CONFIRMATION SYSTEM.\n\n (a) In General.--Title IV of the Immigration and Nationality Act (8 \nU.S.C. 1101, note) is amended by inserting after the chapter heading \nfor chapter 1 the following:\n\n ``voter eligibility confirmation system\n\n ``Sec. 401. (a) In General.--The Attorney General, in consultation \nwith the Commissioner of Social Security, shall establish a \nconfirmation system through which they--\n ``(1) respond to inquiries made to verify the citizenship \n of an individual who has submitted a voter registration \n application, by Federal, State, and local officials (including \n voting registrars) with responsibility for determining an \n individual's qualification to vote in a Federal, State, or \n local election; and\n ``(2) maintain a record of the inquiries that were made and \n of verifications provided (or not provided).\n ``(b) Initial Response.--The confirmation system shall provide for \na confirmation or a tentative nonconfirmation of an individual's \ncitizenship by the Commissioner of Social Security as soon as \npracticable after an initial inquiry to the Commissioner.\n ``(c) Secondary Verification Process in Case of Tentative \nNonconfirmation.--In cases of tentative nonconfirmation, the Attorney \nGeneral shall specify, in consultation with the Commissioner of Social \nSecurity and the Commissioner of the Immigration and Naturalization \nService, an available secondary verification process to confirm the \nvalidity of information provided and to provide a final confirmation or \nnonconfirmation as soon as practicable after the date of the tentative \nnonconfirmation.\n ``(d) Design and Operation of System.--The confirmation system \nshall be designed and operated--\n ``(1) to be used on a voluntary basis, as a supplementary \n information source, by Federal, State, and local election \n officials for the purpose of assessing the eligibility of voter \n registration applicants, and administering voter registration, \n through citizenship verification;\n ``(2) to respond to an inquiry concerning citizenship only \n in a case where determining whether an individual is a citizen \n is--\n ``(A) necessary for determining whether the \n individual is eligible to vote in an election for \n Federal, State, or local office; and\n ``(B) part of a program or activity to protect the \n integrity of the electoral process that is uniform, \n nondiscriminatory, and in compliance with the Voting \n Rights Act of 1965 (42 U.S.C. 1973 et seq.);\n ``(3) to maximize its reliability and ease of use, \n consistent with insulating and protecting the privacy and \n security of the underlying information;\n ``(4) to permit inquiries to be made to the system through \n a toll-free telephone line or other toll-free electronic media;\n ``(5) to respond to all inquiries made by authorized \n persons and to register all times when the system is not \n responding to inquiries because of a malfunction;\n ``(6) with appropriate administrative, technical, and \n physical safeguards to prevent unauthorized disclosure of \n personal information; and\n ``(7) to have reasonable safeguards against the system's \n resulting in unlawful discriminatory practices based on \n national origin or citizenship status, including the selective \n or unauthorized use of the system.\n ``(e) Responsibilities of the Commissioner of Social Security.--\n ``(1) In general.--As part of the confirmation system, the \n Commissioner of Social Security shall establish a reliable, \n secure method, which compares the name and social security \naccount number provided in an inquiry against such information \nmaintained by the Commissioner in order to confirm (or not confirm) the \nvalidity of the information provided regarding an individual whose \nidentity and citizenship must be confirmed, the correspondence of the \nname and number, and whether the individual is a citizen of the United \nStates. The Commissioner shall not disclose or release social security \ninformation (other than such confirmation or nonconfirmation).\n ``(2) Provision of alien identification number.--In cases \n of tentative nonconfirmation of an individual's citizenship by \n the Commissioner of Social Security after an initial inquiry to \n the Commissioner, the Commissioner, as part of the confirmation \n system, shall provide to the person making the inquiry any \n information the Commissioner maintains regarding an alien \n identification or authorization number for the individual \n established by the Immigration and Naturalization Service. The \n Attorney General, in consultation with the Commissioner, shall \n specify the information to be provided under this paragraph.\n ``(f) Responsibilities of the Commissioner of the Immigration and \nNaturalization Service.--As part of the confirmation system, the \nCommissioner of the Immigration and Naturalization Service shall \nestablish a reliable, secure method, which compares the name and alien \nidentification or authorization number described in subsection (e)(2) \nwhich are provided in an inquiry against such information maintained by \nthe Commissioner in order to confirm (or not confirm) the validity of \nthe information provided, the correspondence of the name and number, \nand whether the individual is a citizen of the United States.\n ``(g) Updating Information.--The Commissioners of Social Security \nand the Immigration and Naturalization Service shall update their \ninformation in a manner that promotes the maximum accuracy and shall \nprovide a process for the prompt correction of erroneous information, \nincluding instances in which it is brought to their attention in the \nsecondary verification process described in subsection (c).\n ``(h) Limitation on Use of the Confirmation System and Any Related \nSystems.--\n ``(1) In general.--Notwithstanding any other provision of \n law, nothing in this section shall be construed to permit or \n allow any department, bureau, or other agency of the United \n States Government to utilize any information, data base, or \n other records assembled under this section for any other \n purpose other than as provided for under this section.\n ``(2) No national identification card.--Nothing in this \n section shall be construed to authorize, directly or \n indirectly, the issuance or use of national identification \n cards or the establishment of a national identification card.\n ``(3) No new data bases.--Nothing in this section shall be \n construed to authorize, directly or indirectly, the Attorney \n General and the Commissioner of Social Security to create any \n joint computer data base that is not in existence on the date \n of the enactment of the Voter Eligibility Verification Act.\n ``(i) Actions by Voting Officials Unable to Confirm Citizenship.--\n ``(1) In general.--In a case where an official who is \n authorized to receive information through use of the \n confirmation system is unable, after completion of the \n secondary verification process, to confirm the citizenship of \n an individual, the official--\n ``(A) shall so notify the individual in writing; \n and\n ``(B) shall inform the individual in writing of the \n individual's right to use--\n ``(i) the process provided under subsection \n (g) for the prompt correction of erroneous \n information in the confirmation system; or\n ``(ii) any other process for establishing \n eligibility to vote provided under State or \n Federal law.\n ``(2) Registration applicants.--In the case of an \n individual who is an applicant for voter registration, and who \n receives a notice from an official under paragraph (1), the \n official may, subject to, and in a manner consistent with, \n State law, reject the application, or provisionally accept the \n application, pending the official's receipt of adequate \n confirmation of the citizenship of the individual.\n ``(3) Voter removal programs.--In the case of an individual \n who is registered to vote, and who receives a notice from an \n official under paragraph (1) in connection with a program to \n remove the names of ineligible voters from an official list of \n eligible voters, the official may, subject to, and in a manner \n consistent with, State law, remove the name of the individual \n from the list, or grant the individual provisional voting \n status, pending the official's receipt of adequate confirmation \n of the citizenship of the individual.''.\n (b) Clerical Amendment.--The table of contents of the \nImmigration and Nationality Act is amended by inserting before the item \nrelating to section 402 the following:\n\n``Sec. 401. Voter eligibility confirmation system .''.\n\nSEC. 3. PERMITTING STATES TO REQUIRE APPLICANTS REGISTERING TO VOTE TO \n PROVIDE SOCIAL SECURITY NUMBER.\n\n Clauses (i) and (vi) of section 205(c)(2)(C) of the Social Security \nAct (42 U.S.C. 405(c)(2)(C)) are amended by inserting ``voter \nregistration,'' after ``driver's license,''.","summary":"Voter Eligibility Verification Pilot Program Act of 1998 - Directs the Attorney General to establish a voter eligibility pilot confirmation program to respond to, and maintain records of, State and local election officials' inquiries to verify a voter registrant's citizenship. Terminates such program on September 30, 2001. Provides for: (1) an initial confirmation or nonconfirmation by the Commissioner of Social Security. And (2) in the case of an initial nonconfirmation, a secondary verification process by the Attorney General. Requires such program to: (1) be voluntary, (2) provide safeguards against discrimination. And (3) be applied, at a minimum, in California, New York, Texas, Florida, and Illinois. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Prohibits Federal utilization of program information and related systems for purposes other than those authorized by this Act. Sets forth provisions regarding actions by officials unable to confirm an applicant's citizenship with respect to notification, registration, and ineligible voter removal programs. Authorizes State and local use of social security account numbers for purposes of this Act. Sets forth reporting requirements for the Attorney General and the Commissioner of Social Security. Authorizes appropriations.","title":"Voter Eligibility Verification Act","text_len":9976,"sum_len":1427} {"bill_id":"104_hr1095","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Check Cashing Act of 1995''.\n\nSEC. 2. STATE LICENSE OR REGISTRATION REQUIRED FOR CHECK CASHING \n BUSINESSES.\n\n (a) In General.--A person, other than a depository institution, \nshall not engage in business in a State as a check cashing business \nunless--\n (1) the State has established a system for licensing or \n registering check cashing businesses that is approved by the \n Commission in accordance with section 3;\n (2) the person is licensed by or registered with the State \n under that approved State system, as applicable; and\n (3) the person engages in that business in accordance with \n the requirements under that system for licensing or \n registration, as applicable.\n (b) Penalty.--Any person that violates subsection (a) shall be \nsubject to a civil penalty of not more than $5,000, which may be \nassessed by Commission.\n (c) Effective Date.--Subsections (a) and (b) shall take effect on \nthe date that is 2 years after the date of the enactment of this Act.\n (d) Limitation on Application to Existing Businesses.--Subsections \n(a) and (b) shall not apply to engagement by a person in business in a \nState as a check cashing business in the 1-year period beginning on the \ndate of approval of a check cashing business licensing or registration \nsystem of the State under section 3, if the person engaged in that \nbusiness in the State on the date of the enactment of this Act.\n\nSEC. 3. APPROVAL OF STATE CHECK CASHING BUSINESS LICENSING OR \n REGISTRATION SYSTEM.\n\n (a) In General.--Any State may apply to the Commission in \naccordance with this section for approval of a State check cashing \nbusiness licensing or registration system.\n (b) Requirements for Approval.--The Commission may approve a State \ncheck cashing business licensing or registration system under this \nsection if the Commission finds that the system consists of State laws \nthat--\n (1) prohibit any person from engaging in business in the \n State as a check cashing business, unless the person--\n (A) holds a license issued under the system, or\n (B) in the case of a registration system, is \n registered with the State under the system;\n (2) prohibit the issuance of a check cashing business \n license to a person or the registration of a person as such a \n business, as applicable, unless the person--\n (A) identifies to the State--\n (i) all persons that are officers of the \n business; and\n (ii) all persons that own or control more \n than 5 percent of the total ownership interest \n in the business;\n (B) complies with bonding or minimum capital \n requirements established by the State;\n (3) require that any person that engages in business in the \n State as a check cashing business shall--\n (A) post a schedule of all fees charged for \n providing check cashing services, in a manner that is \n conspicuous to the public;\n (B) issue a receipt for each check cashing service \n provided, that shows the amount of the check or other \n instrument with respect to which the service is \n provided, the fee charged for the service, and the date \n the service is provided; and\n (C) post the name and address of the State agency \n responsible under State law for administering the \nsystem, in a manner that is conspicuous to the public;\n (4) prohibit any person from charging any fee for providing \n a check cashing service, that is greater than the amount of fee \n authorized for that service by the State;\n (5) establish a centralized system for filing of check \n cashing business licensing or registration documents, as \n applicable;\n (6) establish criteria for refusal, suspension, and \n revocation of check cashing business licenses or registrations, \n as applicable;\n (7) establish criminal or civil penalties (or both) for \n violations of the State laws;\n (8) ensure the submission to the Commission of any changes \n in the State laws described in this subsection; and\n (9) comply with such additional requirements as may be \n established by the Commission in regulations issued under \n subsection (f).\n (c) Limitation on Approval of Systems Providing Reciprocity.--The \nCommission may not approve a State check cashing business licensing or \nregistration system under this section if the laws of the State \nauthorize the licensing or registration of a person under the system, \nas applicable, on the basis of the person having been licensed or \nregistered under the laws of another State and without having to comply \nwith all requirements applicable under the laws of the State that \ncomprise the system.\n (d) Submission, Review, and Approval of State Applications.--\n (1) Submission of application.--A State may submit an \n application to the Commission for approval of a State check \n cashing business licensing or registration system under this \n section--\n (A) in the 1-year period beginning on the date of \n the issuance of regulations under subsection (f), in \n the case of a State which on the date of the enactment \n of this Act does not prohibit, and has in effect laws \n that establish requirements for, the operation of a \n check cashing business;\n (B) in the 2-year period beginning on that date of \n issuance in the case of a State which on that date of \n enactment does not prohibit, and does not have in \n effect laws that establish requirements for, the \n operation of a check cashing business; or\n (C) in the 60-day period beginning on the date of \n the enactment by the State of any law that repeals a \n prohibition on the operation of check cashing \n businesses, in the case of a State which on the date of \n the enactment of this Act has in effect laws that \n prohibit the operation of all check cashing businesses.\n (2) Review and approval by commission.--The Commission \n shall, by not later than 1 year after the date of submittal of \n an application by a State under this subsection--\n (A) approve the State system if the system complies \n with the requirements for approval under subsection \n (b); or\n (B) disapprove the State system, recommend to the \n State such changes in the system as are necessary for \n approval, and provide the State one additional year to \n make changes in State law to effect those changes.\n (e) Review of Changes in Approved State Systems.--\n (1) General.--Not later than 1 year after the date of \n submission to the Commission of any change in the laws \n described in subsection (b) of a State that has an approved \n State system, the Commission shall--\n (A) review the change to determine whether the \n change is in accordance with the requirements for \n approval of the system under subsection (b);\n (B) approve the change as being in accordance with \n those requirements, or disapprove the change as not \n being in accordance with those requirements; and\n (C) notify the State of that approval or \n disapproval, including with any notification of \n disapproval a description of such modifications to \n State law as are necessary for the system to continue \n to be an approved State system.\n (2) Subsequent review; revocation of approval.--After \n notifying a State under paragraph (1)(B) that the Commission \n disapproves a change in the approved State system of the State, \n the Commission shall--\n (A) review any further modifications in the laws of \n the State that have been enacted; and\n (B)(i) approve the change and modifications if they \n are in accordance with the requirements for approval \n under subsection (b); or\n (ii) revoke the Commission's approval of the State \n system if they are not in accordance with those \n requirements.\n (f) Regulations and Guidelines.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, the Commission shall issue \n regulations and guidelines for the submission of applications \n and approval of State check cashing business licensing and \n registration systems under this section.\n (2) Additional requirements.--Regulations issued under this \n subsection may include requirements for approval of such \n systems in addition to the requirements under this section as \n the Commission considers necessary to protect persons who \n provide check cashing services, ensure the free flow of \n commerce, or protect the monetary system of the United States.\n (g) Rule of Construction.--This Act shall not be construed to \nprohibit a State from establishing, assessing, collecting, and using \nfees in the administration of a check cashing business licensing or \nregistration system under this Act.\n\nSEC. 4. PROHIBITION ON REFUSAL BY INSURED DEPOSITORY INSTITUTION TO \n CASH GOVERNMENT CHECKS.\n\n (a) Prohibition.--An insured depository institution shall not \nrefuse to cash a government check, and an insured credit union shall \nnot refuse to cash a government check presented by a member of the \ninsured credit union, if--\n (1) the check is presented for cashing by an individual who \n is the payee of the check, and is properly endorsed by each \n individual who is a payee of the check;\n (2) the individual who presents the check for cashing \n provides sufficient identification;\n (3) the check and the identification documents required \n under paragraph (2) do not bear evidence of forgery, fraud, \n counterfeiting, alteration, or other tampering; and\n (4) the face value of the check is less than $2500.\n (b) Penalty.--An insured depository institution or insured credit \nunion that violates subsection (a) shall be liable for a civil penalty \nof not more than $500 for each violation, which may be assessed by--\n (1) the State agency having primary responsibility under \n State law for administering an approved State system;\n (2) the State agency having primary responsibility under \n State law for administering laws regulating banking, in the \n case of a violation in a State that does not have an approved \n State system; or\n (3) the person having responsibility under subsection (c) \n for enforcing this section with respect to the depository \n institution.\n (c) Enforcement.--The requirements of this section shall be \nenforced--\n (1) under section 8 of the Federal Deposit Insurance Act \n (12 U.S.C. 1818) by the Office of the Comptroller of the \n Currency, with respect to national banks, and Federal branches \n and Federal agencies of foreign banks;\n (2) under section 8 of that Act by the Board of Governors \n of the Federal Reserve, with respect to member banks of the \n Federal Reserve System (other than national banks), branches \n and agencies of foreign banks (other than Federal branches, \n Federal agencies, and insured State branches of foreign banks), \n commercial lending companies owned or controlled by foreign \n banks, and organizations operating under section 25 or 25(a) of \n the Federal Reserve Act;\n (3) under section 8 of that Act by the Board of Directors \n of the Federal Deposit Insurance Corporation, with respect to \n banks insured by the Federal Deposit Insurance Corporation \n (other than members of the Federal Reserve System) and insured \n State branches of foreign banks;\n (4) under section 8 of that Act by the Director of the \n Office of Thrift Supervision, with respect to any savings \n association the deposits of which are insured by the Federal \n Deposit Insurance Corporation;\n (5) under the Federal Credit Union Act (12 U.S.C. 1752 et \n seq.) by the Administrator of the National Credit Union \n Administration, with respect to any insured credit union; and\n (6) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et \n seq.) by the Farm Credit Administration, with respect to any \n Federal land bank, Federal land bank association, Federal \n intermediate credit bank, or production credit association.\n (d) Rules of Construction.--This section shall not be construed \nto--\n (1) prohibit an insured depository institution from \n charging fees to cash Government checks; or\n (2) prohibit or preempt a State from establishing \n requirements or limitations with respect to the charging of \n fees by insured depository institutions for check cashing \n services, that are different than State requirements or \n limitations that apply to persons that are not insured \n depository institutions.\n\nSEC. 5. DISPENSING OF FEDERAL AND STATE GOVERNMENT BENEFITS BY \n COMMUNITY DEVELOPMENT CREDIT UNIONS.\n\n (a) Limitation on Authority of National Credit Union \nAdministration.--The National Credit Union Administration Board may not \nprohibit any Federally chartered credit union from dispensing benefits \nunder any Federal or State assistance program (including benefits under \nthe Aid to Families with Dependent Children program under title IV of \nthe Social Security Act (42 U.S.C. 601 et seq.)) that are authorized to \nbe dispensed by a check cashing service.\n (b) Study.--After the date that is 2 years after the date of the \nenactment of this Act, and not later than 3 years after that date of \nenactment, the Comptroller General of the United States shall conduct a \nstudy and submit a report to the Congress on the effectiveness and \nefficiency of the dispensation of benefits under Federal and State \nassistance programs (including benefits under the aid to families with \ndependent children program under title IV of the Social Security Act \n(42 U.S.C. 601 et seq.) through federally chartered credit unions.\n\nSEC. 6. STUDY OF DEBIT CARD SYSTEMS OF BENEFIT PAYMENTS AND BENEFIT \n CHECK DELIVERY.\n\n Not later than 9 months after the date of the enactment of this \nAct, the Comptroller General of the United States shall conduct a study \nand submit a report to the Congress on--\n (1) the effects of requiring the use of a debit card system \n for making all benefit payments by the Federal Government; and\n (2) other innovative ways to enhance and upgrade the \n current methods by which the Federal Government delivers \n benefit payment checks.\n\nSEC. 7. DEFINITIONS.\n\n (a) In General.--As used in this Act--\n (1) the term ``approved State system'' means a State check \n cashing business license or registration system that is \n approved by the Commission under section 3;\n (2) the term ``check cashing business'' means a person that \n regularly and primarily engages in the business of providing \n any check cashing service for a fee and not in exchange for \n goods or services;\n (3) the term ``check cashing service'' means--\n (A) the issuance, redemption, or cashing of a 2-\n party or multi-party check or similar negotiable \n instrument;\n (B) the sale, redemption, or cashing of a travelers \n check, money order, or similar negotiable instrument by \n an agent of the issuer of the instrument that is \n authorized to do so; or\n (C) the transmittal of money by wire, in any form \n or by any method or manner;\n (4) the term ``Commission'' means the Federal Trade \n Commission;\n (5) the term ``depository institution'' has the meaning \n given that term in section 3 of the Federal Deposit Insurance \n Act (12 U.S.C. 1813(c));\n (6) the term ``Federally chartered credit union'' means a \n credit union having an organization certificate approved by the \n National Credit Union Board under section 102 of the Federal \n Credit Union Act (123 U.S.C. 1752a);\n (7) the term ``government check'' means any check issued by \n the United States or any agency of the United States;\n (8) the term ``insured depository institution'' has the \n meaning given that term in section 3(c) of the Federal Deposit \n Insurance Act (12 U.S.C. 1813(c));\n (9) the term ``insured credit union'' has the meaning given \n that term in section 101(7) of the Federal Credit Union Act (12 \n U.S.C. 1752(7));\n (10) the term ``State'' means the 50 States, the District \n of Columbia, and the territories and possessions of the United \n States; and\n (11) the term ``sufficient identification'' means--\n (A) a valid driver's license that bears the name \n and address of the person providing the license as \n identification;\n (B) a valid photo-identification card issued by a \n State or Federal agency; or\n (C) a valid United States passport.\n (b) Terms Relating to Enforcement of Section 4.--A term used in \nsection 4 that is not defined in this Act shall have the meaning given \nthat term by--\n (1) section 3(s) of the Federal Deposit Insurance Act (12 \n U.S.C. 1813(s)); or\n (2) in the case of a term not defined in the Act referred \n to in paragraph (1), section 1(b) of the International Banking \n Act of 1978 (12 U.S.C. 3101).","summary":"Check Cashing Act of 1995 - Requires any person other than a depository institution to obtain a State license or registration as a prerequisite to conducting a check cashing business. Prescribes guidelines under which the Federal Trade Commission may approve a State check cashing business licensing or registration system. Cites circumstances under which an insured depository institution or credit union may not refuse to cash a government check presented by a payee. Declares that the National Credit Union Administration Board may not prohibit any federally chartered credit union from dispensing benefits under a Federal or State assistance program that are authorized to be dispensed by a check cashing service. Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the dispensation of benefits under Federal and State assistance programs through federally chartered credit unions. And (2) the effects of requiring the use of a debit card system for making all federal benefit payments, as well as other innovative ways to upgrade current methods by which the Federal Government delivers benefit payment checks.","title":"Check Cashing Act of 1995","text_len":19001,"sum_len":1160} {"bill_id":"103_hr2076","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Non-Proliferation Policy Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The United States has been a leader in seeking to \n contain the spread of nuclear weapons technology and materials.\n (2) With the end of the Cold War and the breakup of the \n Soviet Union, the proliferation of nuclear weapons, especially \n to countries in unstable regions, is now the leading military \n threat to the national security of the United States and its \n allies.\n (3) The United Nations Security Council declared on January \n 31, 1992, that ``proliferation of all weapons of mass \n destruction constitutes a threat to international peace and \n security'' and committed to taking appropriate action to \n prevent proliferation from occurring. The establishment of the \n United Nations Special Commission on Iraq was an important \n precedent to that end.\n (4) Aside from the 5 declared nuclear weapon states, a \n number of other nations have or are pursuing nuclear weapons \n capabilities.\n (5) Regional nuclear arms races pose perhaps the most \n likely prospect for the future use of nuclear weapons.\n (6) The break-up of the Soviet Union has increased the \n threat of nuclear proliferation.\n (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed \n the protocols to START I and committed to acceding to the \n Nuclear Non-Proliferation Treaty as non-nuclear weapon states \n ``in the shortest possible time''.\n (8) Iraq had a substantial, clandestine nuclear weapons \n program which went undetected by the International Atomic \n Energy Agency (IAEA) inspection process and was greatly \n assisted by dual-use exports from western countries, including \n the United States.\n (9) North Korea's statement of intent to withdraw from the \n Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA \n inspections of all of its known and suspected nuclear \n facilities, are unprecedented actions which could greatly \n undermine efforts to stop nuclear proliferation.\n (10) Brazil and Argentina had substantial programs to build \n nuclear weapons and South Africa has admitted developing and \n building 6 nuclear weapons, but in response to reduced regional \n tensions and other factors, all 3 countries have renounced \n nuclear weapons and accepted IAEA safeguards for all of their \n nuclear facilities, and South Africa has acceded to the Non-\n Proliferation Treaty as a non-nuclear weapon state.\n (11) United States security interests and current policy \n and practices are consistent with the terms of the South \n Pacific Nuclear Free Zone Treaty which, like nuclear weapons \n free zones in Latin America, South Asia, and the Middle East \n that the United States supports, can contribute to efforts to \n avoid regional conflicts and prevent arms races.\n (12) The IAEA is a valuable tool to counter proliferation, \n but the effectiveness of its system to safeguard nuclear \n materials may be adversely affected by institutional and \n financial constraints.\n (13) The Nuclear Non-Proliferation Treaty, which codifies \n world consensus against further nuclear proliferation and is \n scheduled for review and extension in 1995, should be expanded \n in membership and extended indefinitely, and additional steps \n should be taken to strengthen the international nuclear \n nonproliferation regime.\n (14) The Nuclear Nonproliferation Act of 1978 declared that \n the United States is committed to continued strong support for \n the Nuclear Non-Proliferation Treaty and to a strengthened and \n more effective IAEA, and established that it is United States \n policy to establish more effective controls over the transfer \n of nuclear equipment, materials, and technology.\n (15) The goal of the United States is to end the further \n spread of nuclear weapons capability, roll back nuclear \n proliferation where it has occurred, and prevent the use of \n nuclear weapons anywhere in the world. To that end the United \n States should adopt a comprehensive nuclear nonproliferation \n policy.\n\nSEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.\n\n In order to end nuclear proliferation and reduce current nuclear \narsenals and supplies of weapons-usable nuclear materials, it shall be \nthe policy of the United States to pursue the following objectives:\n (1) Encourage Ukraine to join Kazakhstan and Belarus in \n ratifying the START I treaty and encourage Ukraine and \n Kazakhstan to join Belarus in voting to accede to the Nuclear \n Non-Proliferation Treaty as non-nuclear weapon states in the \n shortest possible time.\n (2) Encourage Belarus, Ukraine, and Kazakhstan to remove \n all nuclear weapons from their territory, accept IAEA \n safeguards over all of their nuclear facilities, and implement \n effective controls on nuclear and nuclear-related dual-use \n exports.\n (3) Reach an agreement with the Russian Federation--\n (A) to deactivate and retire from field deployment \n on an accelerated schedule all weapons to be withdrawn \n under the START I treaty and the START II treaty;\n (B) on data exchanges and inspection arrangements \n to verify the elimination of all nuclear weapons \n scheduled to be withdrawn under the START I treaty and \n the START II treaty; and\n (C) to place all fissile material from such weapons \n under bilateral or international controls, or both.\n (4) Prepare for the ratification of the START II treaty by \n seeking the exchange of information between the United States \n and the Russian Federation on nuclear weapons stockpiles and \n fissile material facilities and inventories as required by the \n United States Senate as a condition to its approval of the \n START I Treaty.\n (5) Conclude a multilateral comprehensive nuclear test ban \n treaty by early 1995, before the conference to renew and extend \n the Nuclear Non-Proliferation Treaty is held.\n (6) Ratify the START II treaty in the United States and \n encourage ratification of that treaty by the Russian \n Federation, and reach agreement with the Russian Federation to \n end the production of new types of nuclear warheads.\n (7) Conclude a multilateral agreement to reduce the \n strategic nuclear arsenals of the United States and the Russian \n Federation to within a range of 1,000 to 2,000 each, with lower \n levels for the United Kingdom, France, and the People's \n Republic of China.\n (8) Conclude additional multilateral agreements to \n significantly and continuously reduce the nuclear arsenals of \n all countries through a stage-by-stage process.\n (9) Reach immediate agreement with the Russian Federation \n to halt permanently the production of fissile material for \n weapons purposes, and achieve worldwide agreements to--\n (A) end by 1995 the production of fissile material \n for any purpose;\n (B) place existing stockpiles of such materials \n under bilateral or international controls; and\n (C) require all countries to place all of their \n nuclear facilities dedicated to peaceful purposes under \n IAEA safeguards.\n (10) Strengthen IAEA safeguards to more effectively verify \n that countries are complying with their nonproliferation \n commitments and provide the IAEA with the political, technical, \n and financial support necessary to implement the necessary \n safeguard reforms.\n (11) Strengthen nuclear export controls in the United \n States and other nuclear supplier nations, impose sanctions on \n individuals, companies, and countries which contribute to \n nuclear proliferation, and provide increased public information \n on nuclear export licenses approved in the United States.\n (12) Reduce incentives for countries to pursue the \n acquisition of nuclear weapons by seeking to reduce regional \n tensions and to strengthen regional security agreements, and \n encourage the United Nations Security Council to increase its \n role in enforcing international nuclear nonproliferation \n agreements.\n (13) Support the indefinite extension of the Nuclear Non-\n Proliferation Treaty at the 1995 conference to review and \n extend that treaty and seek to ensure that all countries sign \n the treaty or participate in a comparable international regime \n for monitoring and safeguarding nuclear facilities and \n materials.\n (14) Adopt a United States policy of ``no first use'' of \n nuclear weapons, reach agreement with the other nuclear weapon \n states to adopt such a policy and to assist immediately any \n country which is a party to the Nuclear Non-Proliferation \n Treaty should the use of nuclear weapons be initiated against \n such country.\n (15) Conclude a verifiable bilateral agreement with the \n Russian Federation under which both countries withdraw from \n their arsenals and dismantle all tactical nuclear weapons, and \n seek to extend to all nuclear weapon states this zero option \n for tactical nuclear weapons.\n (16) Sign the appropriate protocols to the South Pacific \n Nuclear Free Zone Treaty.\n\nSEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.\n\n (a) Report to Congress.--Not later than 180 days after the date of \nthe enactment of this Act, and not later than February 1 of each year \nthereafter, the President shall submit to the Congress a report on--\n (1) the actions the United States has taken and the actions \n the United States plans to take during the succeeding 12-month \n period to implement each of the policy objectives set forth in \n this Act;\n (2) actions which have been taken by the Russian \n Federation, by the other former Soviet republics, and by other \n countries and institutions to achieve those policy objectives; \n and\n (3) obstacles that have been encountered in seeking to \n implement those policy objectives.\nEach such report shall be submitted in unclassified form, with a \nclassified appendix if necessary.\n (b) Report on Nuclear Stockpile Information.--The President shall \nsubmit a report to the Congress on the specific actions that have been \ntaken and those that are planned to comply with Condition 8 concerning \nthe ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution \nof ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``fissile materials'' means highly enriched \n uranium and plutonium;\n (2) the term ``highly enriched uranium'' means uranium \n enriched to 20 percent or more in the isotope U-235;\n (3) the term ``IAEA'' means the International Atomic Energy \n Agency;\n (4) the term ``IAEA safeguards'' means the safeguards set \n forth in an agreement between a country and the IAEA, as \n authorized by Article III(A)(5) of the Statute of the \n International Atomic Energy Agency;\n (5) a policy of ``no first use'' of nuclear weapons means a \n commitment not to initiate the use of nuclear weapons;\n (6) the term ``non-nuclear weapon state'' means any country \n that is not a nuclear weapon state;\n (7) the term ``Nuclear Non-Proliferation Treaty'' means the \n Treaty on the Non-Proliferation of Nuclear Weapons, signed at \n Washington, London, and Moscow on July 1, 1968;\n (8) the term ``nuclear weapon state'' means any country \n that is a nuclear-weapon state, as defined by Article IX(3) of \n the Treaty on the Non-Proliferation of Nuclear Weapons, signed \n at Washington, London, and Moscow on July 1, 1968;\n (9) the term ``START I treaty'' means the Treaty on the \n Reduction of Strategic Offensive Arms, signed by the United \n States and the Union of Soviet Socialist Republics on July 31, \n 1991; and\n (10) the term ``START II treaty'' means the Treaty on \n Further Reductions and Limitations of Strategic Offensive Arms, \n signed by the United States and the Russian Federation on \n January 3, 1993.","summary":"Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be US policy to pursue the following objectives: (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states. (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports. (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges. (4) prepare for the ratification of START II by seeking the exchange of information. (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995. (6) ratify START II in the United States and encourage the Russian Federation to do the same, (7) conclude multilateral agreements to reduce nuclear arsenals. (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards, (9) strengthen IAEA safeguards and nuclear export controls. (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions. (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference. (12) adopt a US policy of no first use of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country. (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons. And (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty.","title":"Nuclear Non-Proliferation Policy Act of 1993","text_len":13348,"sum_len":2173} {"bill_id":"114_s2369","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Partnership Act of 2015''.\n\nSEC. 2. AUTHORIZATION OF THE OFFICE FOR COMMUNITY PARTNERSHIPS OF THE \n DEPARTMENT OF HOMELAND SECURITY.\n\n (a) In General.--Title I of the Homeland Security Act of 2002 (6 \nU.S.C. 101 et seq.) is amended by adding at the end the following:\n\n``SEC. 104. OFFICE FOR COMMUNITY PARTNERSHIPS.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `countering violent extremism' means \n proactive and relevant actions to counter efforts by extremists \n to radicalize, recruit, and mobilize followers to violence and \n to address the conditions that allow for violent extremist \n recruitment and radicalization; and\n ``(2) the term `violent extremism' means ideologically \n motivated violence as a method of advancing a cause.\n ``(b) Establishment.--There is in the Department an Office for \nCommunity Partnerships.\n ``(c) Head of Office.--The Office for Community Partnerships shall \nbe headed by an Assistant Secretary for Community Partnerships, who \nshall be designated by the Secretary.\n ``(d) Deputy Assistant Secretary; Assignment of Personnel.--The \nSecretary shall--\n ``(1) designate a career Deputy Assistant Secretary for \n Community Partnerships; and\n ``(2) assign or hire, as appropriate, permanent staff to \n the Office for Community Partnerships.\n ``(e) Responsibilities.--The Assistant Secretary for Community \nPartnerships shall be responsible for the following:\n ``(1) Leading the efforts of the Department to counter \n violent extremism across all the components and offices of the \n Department that conduct strategic and supportive efforts to \n counter violent extremism. Such efforts shall include the \n following:\n ``(A) Partnering with communities to address \n vulnerabilities that can be exploited by violent \n extremists in the United States and explore potential \n remedies for government and nongovernment institutions.\n ``(B) Working with civil society groups and \n communities to counter violent extremist propaganda, \n messaging, or recruitment.\n ``(C) In coordination with the Office for Civil \n Rights and Civil Liberties of the Department, managing \n the outreach and engagement efforts of the Department \n directed toward communities at risk for radicalization \n and recruitment for violent extremist activities.\n ``(D) Ensuring relevant information, research, and \n products inform efforts to counter violent extremism.\n ``(E) Developing and maintaining Departmentwide \n plans, strategy guiding policies, and programs to \n counter violent extremism. Such plans shall, at a \n minimum, address each of the following:\n ``(i) The Department's plan to leverage new \n and existing Internet and other technologies \n and social media platforms to improve \n nongovernment efforts to counter violent \n extremism, as well as the best practices and \n lessons learned of other Federal, State, local, \n tribal, territorial, and foreign partners \n engaged in similar counter-messaging efforts.\n ``(ii) The Department's countering violent \n extremism-related engagement efforts.\n ``(iii) The use of cooperative agreements \n with State, local, tribal, territorial, and \n other Federal departments and agencies \n responsible for efforts relating to countering \n violent extremism.\n ``(F) Coordinating with the Office for Civil Rights \n and Civil Liberties of the Department to ensure all of \n the activities of the Department related to countering \n violent extremism fully respect the privacy, civil \n rights, and civil liberties of all persons.\n ``(G) In coordination with the Under Secretary for \n Science and Technology and in consultation with the \n Under Secretary for Intelligence and Analysis, \n identifying and recommending new research and analysis \n requirements to ensure the dissemination of information \n and methods for Federal, State, local, tribal, and \n territorial countering violent extremism practitioners, \n officials, law enforcement, and nongovernmental \n partners to utilize such research and analysis.\n ``(H) Assessing the methods used by violent \n extremists to disseminate propaganda and messaging to \n communities at risk for recruitment by violent \n extremists.\n ``(2) Developing a digital engagement strategy that expands \n the outreach efforts of the Department to counter violent \n extremist messaging by--\n ``(A) exploring ways to utilize relevant Internet \n and other technologies and social media platforms; and\n ``(B) maximizing other resources available to the \n Department.\n ``(3) Serving as the primary representative of the \n Department in coordinating countering violent extremism efforts \n with other Federal departments and agencies and nongovernmental \n organizations.\n ``(4) Serving as the primary Department-level \n representative in coordinating with the Department of State on \n international countering violent extremism issues.\n ``(5) In coordination with the Administrator of the Federal \n Emergency Management Agency, providing guidance regarding the \n use of grants made to State, local, and tribal governments \n under sections 2003 and 2004 under the allowable uses \n guidelines related to countering violent extremism.\n ``(6) Developing a plan to expand philanthropic support for \n domestic efforts related to countering violent extremism, \n including by identifying viable community projects and needs \n for possible philanthropic support.\n ``(7) Administering the assistance described in subsection \n (f).\n ``(f) Grants To Counter Violent Extremism.--\n ``(1) In general.--In accordance with this subsection, the \n Secretary may award grants or cooperative agreements directly \n to eligible recipients identified in paragraph (2) to support \n the efforts of local communities in the United States to \n counter violent extremism.\n ``(2) Eligible recipients.--The Secretary may award \n competitive grants or cooperative agreements based on need \n directly to--\n ``(A) States;\n ``(B) local governments;\n ``(C) tribal governments;\n ``(D) nonprofit organizations; or\n ``(E) institutions of higher education.\n ``(3) Use of funds.--Each entity receiving a grant or \n cooperative agreement under this subsection shall use the grant \n or cooperative agreement for one or more of the following \n purposes:\n ``(A) To train or exercise for countering violent \n extremism, including building training or exercise \n programs designed to improve cultural competency and to \n ensure that communities, government, and law \n enforcement receive accurate, intelligence-based \n information about the dynamics of radicalization to \n violence.\n ``(B) To develop, implement, or expand programs or \n projects with communities to discuss violent extremism \n or to engage communities that may be targeted by \n violent extremist radicalization.\n ``(C) To develop and implement projects that \n partner with local communities to prevent \n radicalization to violence.\n ``(D) To develop and implement a comprehensive \n model for preventing violent extremism in local \n communities, including existing initiatives of State or \n local law enforcement agencies and existing mechanisms \n for engaging the resources and expertise available from \n a range of social service providers, such as education \n administrators, mental health professionals, and \n religious leaders.\n ``(E) To educate the community about countering \n violent extremism, including the promotion of \n community-based activities to increase the measures \n taken by the community to counter violent extremism.\n ``(F) To develop or assist social service programs \n that address root causes of violent extremism and \n develop, build, or enhance alternatives for members of \n local communities that may be targeted by violent \n extremism.\n ``(G) To develop or enhance State or local \n government initiatives that facilitate and build \n overall capacity to address the threats post by violent \n extremism.\n ``(H) To support such other activities, consistent \n with the purposes of this subsection, as the Secretary \n determines appropriate.\n ``(4) Grant guidelines.--\n ``(A) In general.--For each fiscal year, before \n awarding a grant or cooperative agreement under this \n subsection, the Secretary shall develop guidelines \n published in a notice of funding opportunity that \n describe--\n ``(i) the process for applying for grants \n and cooperative agreements under this \n subsection;\n ``(ii) the criteria that the Secretary will \n use for selecting recipients based on the need \n demonstrated by the applicant; and\n ``(iii) the requirements that recipients \n must follow when utilizing funds under this \n subsection to conduct training and exercises \n and otherwise engage local communities \n regarding countering violent extremism.\n ``(B) Considerations.--In developing the \n requirements under subparagraph (A)(iii), the Secretary \n shall consider the following:\n ``(i) Training objectives should be clearly \n defined to meet specific countering violent \n extremism goals, such as community engagement, \n cultural awareness, or community-based \n policing.\n ``(ii) Engaging diverse communities in the \n United States to counter violent extremism may \n require working with local grassroots community \n organizations to develop engagement and \n outreach initiatives.\n ``(iii) Training programs should--\n ``(I) be sensitive to \n constitutional values, such as \n protecting fundamental civil rights and \n civil liberties, and eschew notions of \n racial and ethnic profiling; and\n ``(II) adhere to the standards and \n ethics of the Department, ensuring that \n the clearly defined objectives are in \n line with the strategies of the \n Department to counter violent \n extremism.\n ``(iv) Establishing vetting procedures for \n self-selected countering violent extremism \n training experts who offer programs that may \n claim to counter violent extremism, but serve \n to demonize certain individuals or whole cross \n sections of a community.\n ``(v) Providing a review process to \n determine if countering violent extremism \n training focuses on community engagement and \n outreach.\n ``(vi) Providing support to law enforcement \n to enhance knowledge, skills, and abilities to \n increase engagement techniques with diverse \n communities in the United States.\n ``(g) Annual Report.--Beginning in the first fiscal year beginning \nafter the date of enactment of this section, and in each of the next 5 \nfiscal years, the Assistant Secretary of the Office for Community \nPartnerships shall submit to Congress an annual report on the Office \nfor Community Partnerships, which shall include--\n ``(1) a description of the status of the programs and \n policies of the Department for countering violent extremism in \n the United States;\n ``(2) a description of the efforts of the Office for \n Community Partnerships to cooperate with and provide assistance \n to other Federal departments and agencies;\n ``(3) qualitative and quantitative metrics for evaluating \n the success of such programs and policies and the steps taken \n to evaluate the success of such programs and policies; and\n ``(4) an accounting of--\n ``(A) grants awarded by the Department to counter \n violent extremism; and\n ``(B) all training specifically aimed at countering \n violent extremism sponsored by the Department.''.\n (b) Technical and Conforming Amendment.--The table of contents in \nsection 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; \n116 Stat. 2135) is amended by inserting after the item relating to \nsection 103 the following:\n\n``Sec. 104. Office for Community Partnerships.''.","summary":"Community Partnership Act of 2015 This bill amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an Office for Community Partnerships, headed by an Assistant Secretary for Community Partnerships. The Assistant Secretary shall be responsible for: leading strategic and supportive efforts by DHS components and offices to counter violent extremism. Developing a digital engagement strategy that expands the outreach efforts of DHS to counter violent extremist messaging. Serving as the primary DHS representative in coordinating countering violent extremism efforts with other federal agencies and nongovernmental organizations and in coordinating with the Department of State on international countering violent extremism issues. Providing guidance, in coordination with the Federal Emergency Management Agency (FEMA), regarding the use of grants made to state, local, and tribal governments under the Urban Area Security Initiative and the State Homeland Security Grant Program under the allowable uses guidelines related to countering violent extremism. Developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism. And administering grants to counter extremism, as authorized below. DHS may award grants or cooperative agreements directly, based on need, to states, local governments, tribal governments, nonprofit organizations, or institutions of higher education to support the efforts of local communities in the United States to prevent and counter violent extremism.","title":"Community Partnership Act of 2015","text_len":15199,"sum_len":1570} {"bill_id":"113_s364","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rocky Mountain Front Heritage Act of \n2013''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Conservation management area.--The term ``Conservation \n Management Area'' means the Rocky Mountain Front Conservation \n Management Area established by section 3(a)(1).\n (2) Decommission.--The term ``decommission'' means--\n (A) to reestablish vegetation on a road; and\n (B) to restore any natural drainage, watershed \n function, or other ecological processes that are \n disrupted or adversely impacted by the road by removing \n or hydrologically disconnecting the road prism.\n (3) District.--The term ``district'' means the Rocky \n Mountain Ranger District of the Lewis and Clark National \n Forest.\n (4) Map.--The term ``map'' means the map entitled ``Rocky \n Mountain Front Heritage Act'' and dated October 27, 2011.\n (5) Nonmotorized recreation trail.--The term ``nonmotorized \n recreation trail'' means a trail designed for hiking, \n bicycling, or equestrian use.\n (6) Secretary.--The term ``Secretary'' means--\n (A) with respect to land under the jurisdiction of \n the Secretary of Agriculture, the Secretary of \n Agriculture; and\n (B) with respect to land under the jurisdiction of \n the Secretary of the Interior, the Secretary of the \n Interior.\n (7) State.--The term ``State'' means the State of Montana.\n\nSEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.\n\n (a) Establishment.--\n (1) In general.--There is established the Rocky Mountain \n Front Conservation Management Area in the State.\n (2) Area included.--The Conservation Management Area shall \n consist of approximately 195,073 acres of Federal land managed \n by the Forest Service and 13,087 acres of Federal land managed \n by the Bureau of Land Management in the State, as generally \n depicted on the map.\n (3) Incorporation of acquired land and interests.--Any land \n or interest in land that is located in the Conservation \n Management Area and is acquired by the United States from a \n willing seller shall--\n (A) become part of the Conservation Management \n Area; and\n (B) be managed in accordance with--\n (i) in the case of land managed by the \n Forest Service--\n (I) the Act of March 1, 1911 \n (commonly known as the ``Weeks Law'') \n (16 U.S.C. 552 et seq.); and\n (II) any laws (including \n regulations) applicable to the National \n Forest System;\n (ii) in the case of land managed, by the \n Bureau of Land Management, the Federal Land \n Policy and Management Act of 1976 (43 U.S.C. \n 1701 et seq.);\n (iii) this section; and\n (iv) any other applicable law (including \n regulations).\n (b) Purposes.--The purposes of the Conservation Management Area are \nto conserve, protect, and enhance for the benefit and enjoyment of \npresent and future generations the recreational, scenic, historical, \ncultural, fish, wildlife, roadless, and ecological values of the \nConservation Management Area.\n (c) Management.--\n (1) In general.--The Secretary shall manage the \n Conservation Management Area--\n (A) in a manner that conserves, protects, and \n enhances the resources of the Conservation Management \n Area; and\n (B) in accordance with--\n (i) the laws (including regulations) and \n rules applicable to the National Forest System \n for land managed by the Forest Service;\n (ii) the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1701 et seq.) for land \n managed by the Bureau of Land Management;\n (iii) this section; and\n (iv) any other applicable law (including \n regulations).\n (2) Uses.--\n (A) In general.--The Secretary shall only allow \n such uses of the Conservation Management Area that the \n Secretary determines would further the purposes \n described in subsection (b).\n (B) Motorized vehicles.--\n (i) In general.--The use of motorized \n vehicles in the Conservation Management Area \n shall be permitted only on existing roads, \n trails, and areas designated for use by such \n vehicles as of the date of enactment of this \n Act.\n (ii) New or temporary roads.--Except as \n provided in clause (iii), no new or temporary \n roads shall be constructed within the \n Conservation Management Area.\n (iii) Exceptions.--Nothing in clause (i) or \n (ii) prevents the Secretary from--\n (I) rerouting or closing an \n existing road or trail to protect \n natural resources from degradation, as \n determined to be appropriate by the \n Secretary;\n (II) constructing a temporary road \n on which motorized vehicles are \n permitted as part of a vegetation \n management project in any portion of \n the Conservation Management Area \n located not more than \\1\/4\\ mile from \n the Teton Road, South Teton Road, Sun \n River Road, Beaver Willow Road, or \n Benchmark Road;\n (III) authorizing the use of \n motorized vehicles for administrative \n purposes (including noxious weed \n eradication or grazing management); or\n (IV) responding to an emergency.\n (iv) Decommissioning of temporary roads.--\n The Secretary shall decommission any temporary \n road constructed under clause (iii)(II) not \n later than 3 years after the date on which the \n applicable vegetation management project is \n completed.\n (C) Grazing.--The Secretary shall permit grazing \n within the Conservation Management Area, if established \n on the date of enactment of this Act--\n (i) subject to--\n (I) such reasonable regulations, \n policies, and practices as the \n Secretary determines appropriate; and\n (II) all applicable laws; and\n (ii) in a manner consistent with--\n (I) the purposes described in \n subsection (b); and\n (II) the guidelines set forth in \n the report of the Committee on Interior \n and Insular Affairs of the House of \n Representatives accompanying H.R. 5487 \n of the 96th Congress (H. Rept. 96-617).\n (D) Vegetation management.--Nothing in this Act \n prevents the Secretary from conducting vegetation \n management projects within the Conservation Management \n Area--\n (i) subject to--\n (I) such reasonable regulations, \n policies, and practices as the \n Secretary determines appropriate; and\n (II) all applicable laws (including \n regulations); and\n (ii) in a manner consistent with the \n purposes described in subsection (b).\n\nSEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.\n\n (a) In General.--In accordance with the Wilderness Act (16 U.S.C. \n1131 et seq.), the following Federal land in the State is designated as \nwilderness and as additions to existing components of the National \nWilderness Preservation System:\n (1) Bob marshall wilderness.--Certain land in the Lewis and \n Clark National Forest, comprising approximately 50,401 acres, \n as generally depicted on the map, which shall be added to and \n administered as part of the Bob Marshall Wilderness designated \n under section 3 of the Wilderness Act (16 U.S.C. 1132).\n (2) Scapegoat wilderness.--Certain land in the Lewis and \n Clark National Forest, comprising approximately 16,711 acres, \n as generally depicted on the map, which shall be added to and \n administered as part of the Scapegoat Wilderness designated by \n the first section of Public Law 92-395 (16 U.S.C. 1132 note).\n (b) Management of Wilderness Additions.--Subject to valid existing \nrights, the land designated as wilderness additions by subsection (a) \nshall be administered by the Secretary in accordance with the \nWilderness Act (16 U.S.C. 1131 et seq.), except that any reference in \nthat Act to the effective date of that Act shall be deemed to be a \nreference to the date of the enactment of this Act.\n (c) Livestock.--The grazing of livestock and the maintenance of \nexisting facilities relating to grazing in the wilderness additions \ndesignated by this section, if established before the date of enactment \nof this Act, shall be permitted to continue in accordance with--\n (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. \n 1133(d)(4)); and\n (2) the guidelines set forth in the report of the Committee \n on Interior and Insular Affairs of the House of Representatives \n accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).\n (d) Wildfire, Insect, and Disease Management.--In accordance with \nsection 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within \nthe wilderness additions designated by this section, the Secretary may \ntake any measures that the Secretary determines to be necessary to \ncontrol fire, insects, and diseases, including, as the Secretary \ndetermines appropriate, the coordination of those activities with a \nState or local agency.\n (e) Adjacent Management.--\n (1) In general.--The designation of a wilderness addition \n by this section shall not create any protective perimeter or \n buffer zone around the wilderness area.\n (2) Nonwilderness activities.--The fact that nonwilderness \n activities or uses can be seen or heard from areas within a \n wilderness addition designated by this section shall not \n preclude the conduct of those activities or uses outside the \n boundary of the wilderness area.\n\nSEC. 5. MAPS AND LEGAL DESCRIPTIONS.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall prepare maps and legal descriptions of \nthe Conservation Management Area and the wilderness additions \ndesignated by sections 3 and 4, respectively.\n (b) Force of Law.--The maps and legal descriptions prepared under \nsubsection (a) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct typographical errors in \nthe map and legal descriptions.\n (c) Public Availability.--The maps and legal descriptions prepared \nunder subsection (a) shall be on file and available for public \ninspection in the appropriate offices of the Forest Service and Bureau \nof Land Management.\n\nSEC. 6. NOXIOUS WEED MANAGEMENT.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Secretary of Agriculture shall prepare a comprehensive \nmanagement strategy for preventing, controlling, and eradicating \nnoxious weeds in the district.\n (b) Contents.--The management strategy shall--\n (1) include recommendations to protect wildlife, forage, \n and other natural resources in the district from noxious weeds;\n (2) identify opportunities to coordinate noxious weed \n prevention, control, and eradication efforts in the district \n with State and local agencies, Indian tribes, nonprofit \n organizations, and others;\n (3) identify existing resources for preventing, \n controlling, and eradicating noxious weeds in the district;\n (4) identify additional resources that are appropriate to \n effectively prevent, control, or eradicate noxious weeds in the \n district; and\n (5) identify opportunities to coordinate with county weed \n districts in Glacier, Pondera, Teton, and Lewis and Clark \n Counties in the State to apply for grants and enter into \n agreements for noxious weed control and eradication projects \n under the Noxious Weed Control and Eradication Act of 2004 (7 \n U.S.C. 7781 et seq.).\n (c) Consultation.--In developing the management strategy required \nunder subsection (a), the Secretary shall consult with--\n (1) the Secretary of the Interior;\n (2) appropriate State, tribal, and local governmental \n entities; and\n (3) members of the public.\n\nSEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.\n\n Not later than 2 years after the date of enactment of this Act, the \nSecretary of Agriculture, in consultation with interested parties, \nshall conduct a study to improve nonmotorized recreation trail \nopportunities (including mountain bicycling) on land not designated as \nwilderness within the district.\n\nSEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING.\n\n Nothing in this Act affects the jurisdiction of the State with \nrespect to fish and wildlife management (including the regulation of \nhunting and fishing) on public land in the State.\n\nSEC. 9. OVERFLIGHTS.\n\n (a) Jurisdiction of the Federal Aviation Administration.--Nothing \nin this Act affects the jurisdiction of the Federal Aviation \nAdministration with respect to the airspace above the wilderness or the \nConservation Management Area.\n (b) Benchmark Airstrip.--Nothing in this Act affects the continued \nuse, maintenance, and repair of the Benchmark (3U7) airstrip.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n ","summary":"Rocky Mountain Front Heritage Act of 2013 - Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.","title":"Rocky Mountain Front Heritage Act of 2013","text_len":16486,"sum_len":2201} {"bill_id":"108_hr3546","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Meat and Poultry Products \nTraceability and Safety Act of 2003''.\n\nSEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY.\n\n (a) Livestock.--Title I of the Federal Meat Inspection Act (21 \nU.S.C. 601 et seq.) is amended by adding at the end the following:\n\n``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.\n\n ``(a) Definition of Traceability.--In this section, the term \n`traceability' means the ability to retrieve the history, use, and \nlocation of an article through a recordkeeping and audit system or \nregistered identification.\n ``(b) Requirements.--\n ``(1) In general.--Cattle, sheep, swine, goats, and horses, \n mules, and other equines presented for slaughter for human food \n purposes, and the carcasses or parts of carcasses and the meat \n and meat food products of those animals, shipped in interstate \n commerce shall be identified in a manner that enables the \n Secretary to trace--\n ``(A) each animal to any premises or other location \n at which the animal was held at any time before \n slaughter; and\n ``(B) each carcass or part of a carcass and meat \n and meat food product of such animals forward from \n slaughter through processing and distribution to the \n ultimate consumer.\n ``(2) Traceability system.--The Secretary shall establish a \n traceability system for all stages of production, processing, \n and distribution of meat and meat food products that are \n produced through the slaughter of animals described in \n paragraph (1).\n ``(c) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any cattle, sheep, swine, goats, or horses, \nmules, or other equines not identified as prescribed by the Secretary \nunder subsection (b).\n ``(d) Records.--\n ``(1) In general.--The Secretary may require that each \n person, firm, and corporation required to identify livestock \n pursuant to subsection (b) maintain accurate records, as \n prescribed by the Secretary, regarding the purchase, sale, and \n identification of the livestock.\n ``(2) Access.--Each person, firm, and corporation described \n in paragraph (1) shall, at all reasonable times, on notice by a \n duly authorized representative of the Secretary, allow the \n representative to access to each place of business of the \n person, firm, or corporation to examine and copy the records \n described in paragraph (1).\n ``(3) Duration.--Each person, firm, and corporation \n described in paragraph (1) shall maintain records required to \n be maintained under this subsection for such period of time as \n the Secretary prescribes.\n ``(e) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \ncattle, sheep, swine, goats, horses, mules, or other equines, or \ncarcasses thereof, were held.\n ``(f) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any cattle, sheep, swine, goats, horses, mules, or \nother equines, or the carcasses thereof.''.\n (b) Poultry.--The Poultry Products Inspection Act is amended by \ninserting after section 23 (21 U.S.C. 467e) the following:\n\n``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.\n\n ``(a) Definition of Traceability.--In this section, the term \n`traceability' means the ability to retrieve the history, use, and \nlocation of an article through a recordkeeping and audit system or \nregistered identification.\n ``(b) Requirements.--\n ``(1) In general.--Poultry presented for slaughter for \n human food purposes and poultry products shipped in interstate \n commerce shall be identified in a manner that enables the \n Secretary to trace--\n ``(A) each animal to any premises or other location \n at which the animal was held at any time before \n slaughter; and\n ``(B) each poultry product forward from slaughter \n through processing and distribution to the ultimate \n consumer.\n ``(2) Traceability system.--The Secretary shall establish a \n traceability system for all stages of production, processing, \n and distribution of poultry and poultry food products that are \n produced through the slaughter of animals described in \n paragraph (1).\n ``(c) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any poultry not identified as prescribed by \nthe Secretary.\n ``(d) Records.--\n ``(1) In general.--The Secretary may require that each \n person, firm, and corporation required to identify poultry \n pursuant to subsection (b) maintain accurate records, as \n prescribed by the Secretary, regarding the purchase, sale, and \n identification of the poultry.\n ``(2) Access.--Each person, firm, and corporation described \n in paragraph (1) shall, at all reasonable times, on notice by a \n duly authorized representative of the Secretary, allow the \n representative to access to each place of business of the \n person, firm, or corporation to examine and copy the records \n described in paragraph (1).\n ``(3) Duration.--Each person, firm, and corporation \n described in paragraph (1) shall maintain records required to \n be maintained under this subsection for such period of time as \n the Secretary prescribes.\n ``(e) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \npoultry, or carcasses thereof, were held.\n ``(f) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any poultry or the carcasses thereof.''.","summary":"Meat and Poultry Products Traceability and Safety Act of 2003 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal to any location at which the animal was held at any time before slaughter. And (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to prohibit or restrict entry to a slaughtering establishment of an animal not so identified. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products.","title":"To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a recordkeeping and audit system or registered identification, and for other purposes.","text_len":6752,"sum_len":1016} {"bill_id":"103_hr2119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Immigration Enforcement Review \nCommission Act''.\n\nSEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION.\n\n There is established the Immigration Enforcement Review Commission \n(hereinafter referred to as the ``Review Commission''). The Review \nCommission shall be comprised of a Board of Commissioners, an \nInvestigations Office, and a Community Outreach Office. In the \nexecution of its duties, the Review Commission shall comply with the \nrequirements established in this Act. The Immigration and \nNaturalization Service and the Customs Service (hereinafter referred to \nas ``the Services'') shall cooperate fully with the Review Commission \nand its employees in carrying out the duties of the Review Commission \nunder this Act, and shall provide to the Commission such records as the \nCommission considers appropriate.\n\nSEC. 3. DUTIES OF REVIEW COMMISSION.\n\n The Review Commission shall be responsible for investigating \ncomplaints of civil rights abuses against the Services, employees of \nthe Services, their divisions, or any facilities where detainees are \nheld in Service custody. Based upon its findings, the Review Commission \nshall make recommendations to the Services to discipline Service \nemployees responsible for committing abuses. The Review Commission \nshall also make policy recommendations to the Services as appropriate.\n\nSEC. 4. REVIEW COMMISSION.\n\n (a) Composition of the Board of Commissioners.--The Board of \nCommissioners (hereinafter referred to as the ``Board'') shall be \ncomposed of 7 members who shall be appointed by the President by and \nwith the advice and consent of the Senate. The President shall \ndesignate one member to serve as Director of the Board of \nCommissioners. Not more than 4 members may be of the same political \nparty. The members of the Board shall be full-time employees.\n (b) Appointments and Terms of Office.--\n (1) Except as provided in paragraph (2), the term of each \n Commissioner shall be 6 years.\n (2) Of the members first appointed, 4 shall be appointed to \n terms of 3 years. Not more than 2 members appointed under this \n paragraph may be of the same political party.\n (3) A member appointed to fill a vacancy occurring before \n the expiration of the term for which that member's predecessor \n was appointed shall be appointed only for the remainder of that \n term.\n (4) No person shall serve as a member of the Board for more \n than 2 terms.\n (c) Compensation.--Each member of the Board shall receive \ncompensation at the annual rate of basic pay in effect for level V of \nthe Executive Schedule.\n (d) Eligibility.--A member of the Board may not have been employed \nby the Services within the period beginning 5 years before appointment, \nor employed by any law enforcement agency within the period beginning 1 \nyear before appointment.\n\nSEC. 5. ADMINISTRATIVE PROVISIONS.\n\n (a) Investigations Office.--The Review Commission shall employ such \ninvestigative personnel as the Board considers advisable, in accordance \nwith the civil service and classification laws. Investigators shall be \ncharged with the responsibility of investigating all complaints brought \nto the Review Commission's attention.\n (b) Community Outreach Office.--The Board shall appoint a Director \nof Community Outreach. The Director of Community Outreach shall \nestablish local community task forces to improve the working \nrelationship between the Services and local community groups and \norganizations.\n (c) Review Commission Facilities.--The Review Commission shall \nestablish a headquarters and 3 regional offices. The Review Commission \nmay not maintain offices in a facility under the control or operation \nof the Services, or any facility in which either of the Services \noccupies space.\n (d) Personnel Limitation.--An employee of the Review Commission may \nnot have been employed by the Services within the period beginning 5 \nyears before appointment or employed by any law enforcement agency \nwithin the period beginning 1 year before appointment.\n (e) Regulations.--The Review Commission is authorized to promulgate \nsuch rules and regulations as may be necessary to carry out this Act \nincluding procedures for the filing, investigation, and resolution of \ncomplaints.\n\nSEC. 6. OPERATIONS OF REVIEW COMMISSION.\n\n (a) Complaint Forms.--\n (1) Complaint forms shall be made available at all Service \n facilities and shall be available upon request from the Review \n Commission.\n (2) The complaint forms shall be written in languages \n reflecting the languages of the immigrant population.\n (b) Filing of Complaints.--\n (1) Complaints may be filed in person, by mail, by \n telephone, by facsimile, or by any other reasonable means. \n Complaints may be filed by any person, including anonymously, \n and may be filed on behalf of third parties. Complaints need \n not be filed on the official complaint forms.\n (2) The Review Commission shall establish and operate a \n multilingual, 24-hour, toll-free hotline to receive complaints.\n (3) Whenever possible, upon receipt of a complaint, the \n Review Commission shall provide to the complainant information \n which describes the review procedures of the Review Commission. \n Such information shall be available in languages reflecting the \n languages of the immigrant population.\n (c) Public Outreach.--\n (1) The Review Commission shall educate members of the \n public about its functions and shall receive and actively seek \n out suggestions from the public to improve the functioning of \n the Review Commission.\n (2) The Review Commission shall develop outreach materials, \n which shall include, a description of the Review Commission, \n its duties, and complaint procedures. Such materials shall be \n made available to the public in languages reflecting the \n languages of the immigrant population.\n (3) The Review Commission shall oversee the display and \n dissemination of outreach materials at all Service facilities.\n (d) Service Employees' Duty To Inform Commission.--\n (1) When a complaint of agent misconduct is brought to the \n attention of any Service employee, the employee shall promptly \n inform the complainant of proper procedures for filing a \n complaint.\n (2) A Service employee who witnesses or otherwise obtains \n actual knowledge of the use of force, that is unreasonable in \n light of the facts and circumstances and involves another \n Service employee, shall report such incident to the Review \n Commission within 24 hours of the acquisition of knowledge of \n such incident.\n (3) The Review Commission may promulgate regulations \n requiring Service employees to report to the Commission other \n violations of the Services' operating procedures.\n (e) Investigation of Complaints.--Each complaint shall be \ninvestigated by an investigator who shall complete and submit a written \nreport to the Board of Commissioners within 60 days of the assignment, \nunless the Board authorizes an extension. The Services shall grant \ninvestigators access to information, documents, or other items relevant \nto the matter under investigation. The Board may issue subpoenas. \nService employees shall cooperate fully with Review Commission \ninvestigations, subject to the protections afforded by the \nConstitution. Service employees shall be advised of their \nconstitutional rights and the procedural rights afforded under this \nAct.\n (f) Disposition of Complaints.--\n (1) When the Board receives a written report on a complaint \n from an investigator, the Board shall designate a panel of 3 of \n its members (hereinafter referred to as the ``Panel'') to \n review the report.\n (2) The Panel shall conduct hearings on the complaint if--\n (A) the alleged abuse is of a serious nature, as \n defined by the regulations prescribed under authority \n of this Act; or\n (B) the Panel, by majority vote, decides to hold a \n hearing.\n (3) The Panel shall issue a written finding on the \n complaint based on the report alone or on the report and a \n hearing, if one is held.\n (4) The Panel shall forward its finding to both the \n complainant and the Service employee. The complainant and the \n Service employee shall have 30 days in which to review the \n Panel's official finding. During the 30-day period, either the \n complainant or the Service employee may take one of the \n following actions:\n (A) If no hearing was held, request that the Panel \n conduct a hearing. A hearing shall be held if one \n member of the Panel votes to hold a hearing.\n (B) Regardless of whether a hearing was held, \n request an en banc review of the Panel's decision. An \n en banc review will be granted if a majority of the \n Board votes to conduct such review.\n (5) If neither party makes a request pursuant to \n subparagraphs (A) or (B) of paragraph (4), or if such a request \n is denied, then the Board, promptly, shall report its finding \n to the appropriate Service.\n (6) All findings made by the Board of Commissioners sitting \n en banc shall be reported directly to the appropriate Service \n with copies to the complainant and the Service employee.\n (g) Hearings.--\n (1) Both the complainant and the subject Service employee \n shall have the right to be represented by counsel or other \n representative at Board hearings, to present witnesses, and to \n cross-examine witnesses.\n (2) Any finding of a violation on the part of a Service \n employee by the Board must be established by a preponderance of \n the evidence.\n (3)(A) Except as provided in subparagraph (B), hearings \n shall be open to the public and transcripts of hearings shall \n be available to the public.\n (B) For good cause the Board of Commissioners may close to \n the public all or any part of a hearing and may seal all or any \n part of the transcript of a hearing.\n (4) Unless mandated by unusual circumstances, a hearing \n shall be conducted in one location within the United States \n that is generally convenient to the complainant and any \n potential witnesses.\n (h) Disciplinary Recommendations.--\n (1) When a finding of a violation may constitute a criminal \n offense, the Board of Commissioners shall inform the \n appropriate Federal or State authorities so that appropriate \n prosecutorial action may be considered. Prosecutorial action \n shall not relieve the Board of its duties under this Act.\n (2) When a complaint has been substantiated, the Board \n shall recommend disciplinary action against the subject Service \n employee. The Board's recommendations shall be based on a \n schedule of sanctions determined by the Commission. If the \n Services do not adopt the recommendations of the Board, they \n shall provide a written explanation of the grounds for refusal \n to do so within 30 days of the Board's recommendation. The \n Commission's recommendations and the Service's explanation \n shall be made public.\n (3) Nothing in this Act shall affect the Services' \n authority to discipline their employees.\n (i) Early Warning Program.--The Review Commission shall conduct a \nperiodic review of all complaints in order to determine whether \nparticular Service employees have been the subject of repeated \ncomplaints or have otherwise demonstrated they may be having difficulty \ndealing appropriately with members of the public. The results of this \nreview shall be presented to the Services. The Review Commission shall \nmake recommendations to the Services with respect to so identified \nService employees including, but not limited to, recommendations of \ntraining or counseling.\n (j) Records of Complaints and Statistical Summaries.--The Review \nCommission shall maintain records of complaints, including a summary of \nreports made pursuant to the Early Warning Program under subsection \n(i). The Review Commission shall compile and publish, at least \nannually, a statistical summary of all complaints received and the \ndispositions of such complaints.\n\nSEC. 7. RETALIATION.\n\n (a) Retaliation Prohibited.--Retaliation is prohibited and shall \nconstitute the basis for a complaint to the Commission.\n (b) Definition.--For the purposes of this Act, the term \n``retaliation'' means any action or threat of action against a person, \nincluding a Service employee, because such person filed a complaint, \ntestified, assisted, or participated in any manner in an investigation \nor hearing related to the complaint procedures established by this Act.\n\nSEC. 8. LIMITATION ON USE OF TESTIMONY.\n\n No testimony or other information gathered as part of a complaint, \ninvestigation, or hearing under this Act may be used in any proceeding \nunder the Immigration and Nationality Act.\n\nSEC. 9. FUNDING.\n\n Funds authorized to be appropriated for the Offices of Inspector \nGeneral of the Department of Justice and the Department of the Treasury \nare authorized to be available to carry out this Act.","summary":"Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees, and (2) make policy recommendations as appropriate.","title":"Immigration Enforcement Review Commission Act","text_len":13928,"sum_len":430} {"bill_id":"106_hr5032","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caribbean Amnesty and Relief Act''.\n\n TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND \n DEPORTATION FOR CERTAIN ALIENS\n\nSEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS.\n\n (a) Adjustment of Status.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act, the status of any alien \n described in subsection (b) shall be adjusted by the Attorney \n General to that of an alien lawfully admitted for permanent \n residence, if the alien--\n (A) applies for such adjustment before April 1, \n 2002; and\n (B) is otherwise eligible to receive an immigrant \n visa and is otherwise admissible to the United States \n for permanent residence, except in determining such \n admissibility the grounds for inadmissibility specified \n in paragraphs (4), (5), (6)(A) and (7)(A) of section \n 212(a) of the Immigration and Nationality Act shall not \n apply.\n (2) Relationship of application to certain orders.--An \n alien present in the United States who has been ordered \n excluded, deported, removed or ordered to depart voluntarily \n from the United States under any provision of the Immigration \n and Nationality Act may, notwithstanding such order, apply for \n adjustment of status under paragraph (1). Such an alien may not \n be required, as a condition of submitting or granting such \n application, to file a separate motion to reopen, reconsider, \n or vacate such an order. If the Attorney General grants the \n application, the Attorney General shall cancel the order. If \n the Attorney General renders a final administrative decision to \n deny the application, the order shall be effective and \n enforceable to the same extent as if the application had not \n been made.\n (b) Aliens Eligible for Adjustment of Status.--\n (1) In general.--The benefits provided by subsection (a) \n shall apply to any alien who is a national of countries of the \n Caribbean and who has been physically present in the United \n States for a continuous period, beginning not later than \n September 30, 1996 and ending earlier than the date the \n application for adjustment under such subsection is filed, \n except an alien shall not be considered to have failed to \n maintain continuous physical presence by reason of an absence, \n or absences, from the United States for any periods in the \n aggregate not exceeding 180 days.\n (2) Proof of commencement of continuous presence.--For \n purposes of establishing that the period of continuous physical \n presence referred to in paragraph (1) commenced not later than \n September 30, 1996, an alien--\n (A) shall demonstrate that the alien, prior to \n September 30, 1996 performed service, or engaged in a \n trade or business, within the United States; or\n (B) shall make such other demonstration of physical \n presence as the Attorney General may provide for by \n regulation.\n (c) Stay of Removal; Work Authorization.--\n (1) In general.--The Attorney General shall provide by \n regulation for an alien subject to a final order of deportation \n or removal to seek a stay of such order based on the filing of \n an application under subsection (a).\n (2) During certain proceedings.--Notwithstanding any \n provision of the Immigration and Nationality Act, the Attorney \n General shall not order any alien to be removed from the United \n States, if the alien is in exclusion, deportation, or removal \nproceedings under any provision of such an Act and has applied for \nadjustment of status under subsection (a), except where the Attorney \nGeneral has rendered a final administrative determination to deny the \napplication.\n (3) Work authorization.--The Attorney General may authorize \n an alien who has applied for adjustment of status under \n subsection (a) to engage in employment in the United States \n during the pendency of such application and may provide the \n alien with an ``employment authorization'' endorsement or other \n appropriate document signifying authorization of employment, \n except that if such application is pending for a period \n exceeding 180 days, and has not been denied, the Attorney \n General shall authorize such employment.\n (d) Adjustment of Status for Status for Spouses and Children.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act, the status of an alien shall \n be adjusted by the Attorney General to that of an alien \n lawfully admitted for permanent residence, if--\n (A) the alien is a national of a Caribbean country;\n (B) the spouse, child, or unmarried son or \n daughter, of an alien whose status is adjusted to that \n of an alien lawfully admitted for permanent residence \n under subsection (a), except that in the case of such \n an unmarried son or daughter, the son or daughter shall \n be required to establish that they have been physically \n present in the United States for a continuous period, \n beginning not later than December 1, 1995, and ending \n not earlier than the date the application for \n adjustment is filed;\n (C) the alien applies for such adjustment and is \n physically present in the United States on the date the \n application is filed;\n (D) the alien is otherwise eligible to receive an \n immigrant visa and is otherwise admissible to the \n United States for permanent residence, except in \n determining such admissibility the grounds for \n exclusion specified in paragraphs (4), (5), (6)(A), and \n (7)(A) of section 212(a) of the Immigration and \n Nationality Act shall not apply; and\n (E) applies for such adjustment before April 1, \n 2002.\n (2) Proof of continuous presence.--For purposes of \n establishing the period of continuous physical presence \n referred to in paragraph (1)(B), an alien--\n (A) shall demonstrate that such period commenced \n not later than December 1, 1995, in a manner consistent \n with subsection (b)(2); and\n (B) shall not be considered to have failed to \n maintain continuous physical presence by reason of an \n absence, or absences, from the United States for any \n period in the aggregate not exceeding 180 days.\n (e) Availability of Administrative Review.--The Attorney General \nshall provide to applicants for adjustment of status under subsection \n(a) the same right to, and procedures for, administrative review as are \nprovided to--\n (1) applicants for adjustment of status under section 245 \n of the Immigration and Nationality Act; or\n (2) aliens subject to removal proceedings under section 240 \n of such Act.\n (f) Limitation on Judicial Review.--A determination by the Attorney \nGeneral as to whether the status of any alien should be adjusted under \nthis section is final and shall not be subject to review by any court.\n (g) No Offset in Number of Visas Available.--When an alien is \ngranted the status of having been lawfully admitted for permanent \nresidence pursuant to this section, the Secretary of the State shall \nnot be required to reduce the number of immigrant visas authorized to \nbe issued under any provision of the Immigration and Nationality Act.\n (h) Application of Immigration and Nationality Act Provisions.--\nExcept as otherwise specifically provided in this section, the \ndefinitions contained in the Immigration and Nationality Act shall \napply in the administration of this section. Nothing contained in this \nsection shall be held to repeal, amend, alter, modify, affect, or \nrestrict the powers, duties, functions, or authority of the Attorney \nGeneral in the administration and enforcement of such Act or any other \nlaw relating to immigration, nationality, or naturalization. The fact \nthat an alien may be eligible to be granted the status of having been \nlawfully admitted for permanent residence under this section shall not \npreclude the alien from seeking such status under any other provision \nof law for which the alien may be eligible.\n\n TITLE II--VISA FAIRNESS COMMISSION\n\nSEC. 201. ESTABLISHMENT.\n\n There is established in the Immigration and Naturalization Service \na commission to be known as the Visa Fairness Commission (hereafter in \nthis title referred to as the ``Commission''.)\n\nSEC. 202. DUTIES.\n\n (a) Data Collection.--The Commission, in consultation with the \nDirector of the Immigration and Naturalization Service, shall gather \nempirical data on economic and racial profiling by the Consular Affairs \noffice in American embassies and by Customs and immigration inspectors \nat US points of entry. In carrying out the preceding sentence, the \nCommission and the Director shall, to the extent practicable, avoid \nduplication of administration efforts.\n (b) In General.--Section 376 of the Immigration and Nationality Act \n(8 U.S.C. 1351) is amended by adding in subsection (a) the following:\n ``(3) Fee waiver--The Secretary of State shall waive the \n visa fee for those who can prove in forma pauperis status.''.\n\nSEC. 203. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 15 \nmembers appointed by the Director of the INS. Members on the Commission \nshall be broadly representative of the ethnic, religious, majority and \nminority groups comprising the United States.\n (b) Waiver of Limitation on Executive Schedule Positions.--\nAppointments may be made under this section without regard to section \n5311(b) of title 5, United States Code.\n (c) Political Affiliation.--Not more than 8 members appointed maybe \nof the same political party.\n (d) Terms.--\n (1) In general.--Each member shall be appointed for a term \n of two years, except as provided.\n (e) Basic Pay.--\n (1) Rates of pay.--Except as provided in paragraph (2), \n member shall serve without pay.\n (2) Prohibition of compensation of federal employees.--\n Members of the Commission who are full-time officers or \n employees of the United States may not receive additional pay, \n allowances, or benefits by reason of their services on the \n Commission.\n (f) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n (g) Quorum.--Eight members of the Commission shall constitute a \nquorum but a lesser number may hold hearings.\n (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the \nCommission shall be designated by the Director of the INS at the time \nof the appointment.\n (i) Meetings.--The Commission shall meet at the call of the \nChairman or a majority of its members.\n\nSEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.\n\n (a) Director.--The Commission shall, without regard to section \n5311(b) of title 5, United States Code, have a Director who shall be \nappointed by the Commission. The Director shall be paid at a rate not \nto exceed the rate of basic pay payable for level V of the Executive \nSchedule.\n (b) Staff.--Subject to rules prescribed by the Commission, and \nwithout regard to section 5311(b) of title 5, United States Code, the \nDirector may appoint additional personnel as the Director considers \nappropriate.\n (c) Applicability of Certain Civil Service Laws.--The Director and \nstaff of the Commission shall be appointed subject to the provisions of \ntitle 5, United State Code, governing appointments in the competitive \nservice, and shall be paid in accordance with the provisions of chapter \n51 and subchapter III of chapter 53 of that title relating to \nclassification and General Schedule pay rates.\n (d) Experts and Consultants.--Subject to rules prescribed by the \nCommission, the Director may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, but at \nrates for individuals not to exceed the daily equivalent of the rate \nbasic pay payable for level V of the Executive Schedule.\n (e) Staff of Federal Agencies.--Upon request of the Director, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 205. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate. The Commission may administer oaths or affirmations to \nwitnesses appearing before it.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission take any action which \nthe Commission is authorized to take by this section.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairman or Vice Chairman of the Commission, the head of the department \nor agency shall furnish that information to the Commission, the head of \nthat department or agency shall furnish that information to the \nCommission.\n (d) Gifts, Bequests, and Devises.--The Commission may accept, use, \nand dispose of gifts, bequests, or devises of services or property, \nboth real and personal, for the purpose of aiding or facilitating the \nwork of the Commission. Gifts, bequests, or devises of money and \nproceeds from sales of other property received as gifts, bequests, or \ndevises shall be deposited in the Treasury and shall be available for \ndisbursement upon order of the Chairman.\n (e) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (f) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder the Act.\n (g) Subpoena Power.--\n (1) In general.--The Commission may issue subpoenas \n requiring the attendance and testimony of witnesses and the \n production of any evidence relating to any matter under \n investigation by the Commission. The attendance of witnesses \n and the production of evidence may be required from any place \n within the United States at any designated place of hearing \n within the United States.\n (2) Failure to obey a subpoena.--If a person refuses to \n obey a subpoena issued under paragraph (1), the Commission may \n apply to a United States district court for an order requiring \n that person to appear before the Commission to give testimony, \n produce evidence, or both, relating to the matter under \n investigation. The application may be made within the judicial \n district where the hearing is conducted or where that person is \n found, resides, or transacts business any failure to obey the \n order of the court may be punished by the court as civil \n contempt.\n (3) Service of subpoenas.--The subpoenas of the Commission \n shall be served in the manner provided for subpoenas issued by \n a United States district court under the Federal Rules of Civil \n Procedure for the United States district courts.\n (4) Service of process.--All process of any court to which \n application is be made under paragraph (2) may be served in the \n judicial district in which the person required to be served \n resides or may be found.\n (h) Immunity.--Except as provided in this subsection, a person may \nnot be excused from testifying or from producing evidence pursuant to a \nsubpoena on the ground that the testimony or evidence required by the \nsubpoena may tend to incriminate or subject that person to criminal \nprosecution. A person, after having claimed the privilege against self-\nincrimination, may not be criminally prosecuted by reason of any \ntransaction, matter, or thing about which that person is compelled to \ntestify or relating to which that person is compelled to produce \nevidence, except that the person may be prosecuted for perjury \ncommitted during the testimony or made in the evidence.\n (i) Contract Authority.--The Commission may contract with and \ncompensate government and private agencies or persons for property and \nservices, without regard to section 3709 of the Revised Statutes (41 \nU.S.C. 5)\n\nSEC. 206. ANNUAL REPORTS.\n\n The Commission shall transmit an annual report to the Director of \nthe INS and the Congress not later than December 31 of each year. Each \nsuch report shall contain a detailed statement of activities of the \nCommission during the fiscal year ending in the year in which such \nreport is required to be submitted.\n\nSEC. 207. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to complete the study.","summary":"Title II: Visa Fairness Commission - Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on US embassy and port of entry economic and racial profiling. Authorizes appropriations. Amends the Immigration and Nationality Act to waive the visa fee for aliens who can prove in forma pauperis status.","title":"Caribbean Amnesty and Relief Act","text_len":18302,"sum_len":354} {"bill_id":"104_s2179","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Environmental Protection \nAct of 1996''.\n\nSEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.\n\n The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is \namended by adding at the end the following:\n\n ``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN\n\n``SEC. 501. FINDINGS AND POLICY.\n\n ``(a) Findings.--Congress finds that--\n ``(1) public health and safety depends on citizens and \n local officials knowing the toxic dangers that exist in their \n communities and neighborhoods;\n ``(2) children and other vulnerable subpopulations are more \n at risk from environmental pollutants than adults and therefore \n face unique health threats that need special attention;\n ``(3) a study conducted by the National Academy of Sciences \n on the effects of pesticides in the diets of infants and \n children concluded that current approaches to risk assessment \n typically do not consider risks to children and, as a result, \n current standards and tolerances often fail to adequately \n protect infants and children;\n ``(4) risk assessments of pesticides and other \n environmental pollutants conducted by the Environmental \n Protection Agency do not clearly differentiate between the \n risks to children and the risks to adults;\n ``(5) data are lacking that would allow adequate \n quantification and evaluation of child-specific and other-\n vulnerable-subpopulation-specific susceptibility and exposure \n to environmental pollutants; and\n ``(6) the absence of data precludes effective government \n regulation of environmental pollutants, and denies individuals \n the ability to exercise a right to know and make informed \n decisions to protect their families.\n ``(b) Policy.--It is the policy of the United States that--\n ``(1) all environmental and public health standards set by \n the Environmental Protection Agency must be adequate to protect \n children and other vulnerable subpopulations that are at \n greater risk from exposure to environmental pollutants;\n ``(2) adequate hazard data should be developed with respect \n to the special vulnerability and exposure to environmental \n pollutants of children and other vulnerable subpopulations to \n better assess where, and at what levels, children and other \n vulnerable subpopulations are being exposed;\n ``(3) scientific research opportunities should be \n identified by the Environmental Protection Agency to study the \n health effects of cumulative and simultaneous exposures of \n children and other vulnerable subpopulations to environmental \n pollutants;\n ``(4) information should be made readily available by the \n Environmental Protection Agency to the general public to \n advance the public's right-to-know, and allow the public to \n avoid unnecessary and involuntary exposure; and\n ``(5) a family right-to-know initiative should be developed \n by the Environmental Protection Agency to provide parents with \n basic information so the parents can make informed choices to \n protect their children from environmental health threats in \n their homes, schools, and communities.\n\n``SEC. 502. DEFINITIONS.\n\n ``In this title:\n ``(1) Children.--The term `children' includes adolescents \n and infants.\n ``(2) Environmental pollutant.--The term `environmental \n pollutant' means a hazardous substance, as defined in section \n 101 of the Comprehensive Environmental Response, Compensation, \n and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as \n defined in section 2 of the Federal Insecticide, Fungicide, and \n Rodenticide Act (7 U.S.C. 136).\n ``(3) User.--The term `user' means any commercial \n applicator of, or any person who applies, an environmental \n pollutant in a school, park, or public area that is reasonably \n accessible to children.\n ``(4) Vulnerable subpopulations.--The term `vulnerable \n subpopulations' means children, pregnant women, the elderly, \n individuals with a history of serious illness, and other \n subpopulations identified by the Administrator as likely to \n experience elevated health risks from environmental pollutants.\n\n``SEC. 503. FAMILY RIGHT-TO-KNOW INITIATIVE.\n\n ``(a) In General.--The Administrator shall work with each State to \ndevelop a family right-to-know initiative in accordance with this \nsection.\n ``(b) Grants.--\n ``(1) In general.--The Administrator shall make grants to \n States to develop and carry out a family right-to-know \n initiative in accordance with this section.\n ``(2) Terms and conditions.--Grants made under this \n subsection shall be subject to such terms and conditions as the \n Administrator establishes to further the purposes of this \n title.\n ``(c) Requirements of Initiative.--A State carrying out a family \nright-to-know initiative shall--\n ``(1) require that any user who applies an environmental \n pollutant in a public area that is reasonably accessible to \n children complete a simple, easy-to-understand form that \n provides the amount of environmental pollutant applied, where \n the environmental pollutant was applied, and when the \n environmental pollutant was applied;\n ``(2) work with the Administrator to--\n ``(A) develop a uniform definition of the term \n `public area that is reasonably accessible to children' \n for purposes of this section, that shall include, at a \n minimum, schools, shopping malls, movie theaters, and \n parks;\n ``(B) develop a uniform form to be completed by \n users under paragraph (1);\n ``(C) determine the manner and length of time of \n keeping the forms completed by users; and\n ``(D) determine the format for reporting \n information collected under paragraph (1) to the \n public;\n ``(3) prepare annual State reports summarizing the \n information collected under paragraph (1) for distribution to \n the Administrator;\n ``(4) provide the public with copies of annual State \n reports and local recordkeeping for schools, parks, and public \n areas;\n ``(5) make State reports available to the public on the \n Internet;\n ``(6) provide the Administrator with such data as the \n Administrator requests to prepare a nationwide survey under \n subsection (d); and\n ``(7) satisfy such other requirements as the Administrator \n prescribes to carry out this section.\n ``(d) Nationwide Surveys.--\n ``(1) In general.--The Administrator shall prepare a \n biennial nationwide survey of the information collected under \n this section.\n ``(2) Assessment.--The nationwide survey shall assess the \n extent to which environmental pollutants are present in private \n office and commercial buildings that are reasonably accessible \n to children.\n ``(3) Recommendation.--The nationwide survey shall \n recommend whether public recordkeeping and public reporting \n concerning application of environmental pollutants in areas \n that are reasonably accessible to children should be required.\n ``(e) Public Availability of Information.--\n ``(1) In general.--On request by a member of the public, \n the Administrator shall provide a copy of any State report or \n nationwide survey prepared under this section.\n ``(2) Internet.--The Administrator shall make any State \n report or nationwide survey prepared under this section \n available to the public on the Internet.\n\n``SEC. 504. SAFE SCHOOLS AND PARKS.\n\n ``(a) In General.--Not later than 1 year after the date of \nenactment of this title, the Administrator shall--\n ``(1) identify hazardous substances and pesticides commonly \n used in schools and parks;\n ``(2) create, after peer review, a list of the substances \n identified in paragraph (1) with high hazard health risks to \n children and other vulnerable subpopulations;\n ``(3) make the list created under paragraph (2) available \n to the public;\n ``(4) review the list created under paragraph (2) on a \n biennial basis; and\n ``(5) develop and issue an Environmental Protection Agency \n approved sign and label for posting by a school or park to \n indicate that high hazard environmental pollutants were not \n used in the school or park.\n ``(b) Cooperation.--The Administrator shall work with the Secretary \nof Health and Human Services, the Secretary of Education, the Secretary \nof the Interior, and the Secretary of Agriculture to ensure wide public \ndistribution of the list created under subsection (a)(2).\n ``(c) Compliance by Schools and Parks.--Not later than 1 year after \nthe list created under subsection (a)(2) is made available to the \npublic, the Administrator shall prohibit a school or park from using \nany environmental pollutant on the list.\n\n``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN.\n\n ``(a) Toxicity Data.--The Administrator, the Secretary of \nAgriculture, and the Secretary of Health and Human Services shall \ncoordinate the development and implementation of research studies to \nexamine the physiological and pharmacokinetic differences in the \neffects and toxicity of pesticides (including active and inert \ningredients) and other environmental pollutants on children and other \nvulnerable subpopulations, as identified in the study of the National \nAcademy of Sciences entitled `Pesticides in the Diets of Infants and \nChildren'.\n ``(b) Exposure Data.--The Administrator, the Secretary of \nAgriculture, and the Secretary of Health and Human Services shall \nconduct surveys and applied research to document differences between \nchildren and adults with respect to dietary, dermal, and inhalation \nexposure to pesticides and other environmental pollutants.\n ``(c) Biennial Reports.--The Administrator, the Secretary of \nAgriculture, and the Secretary of Health and Human Services shall \nsubmit biennial reports to Congress on actions taken to carry out this \nsection.\n\n``SEC. 506. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS.\n\n ``(a) In General.--The Administrator shall--\n ``(1) evaluate environmental health risks to vulnerable \n subpopulations in all of the risk assessments, risk \n characterizations, environmental and public health standards, \n and general regulatory decisions carried out by the \n Administrator;\n ``(2) carry out paragraph (1) in accordance with the policy \n of the Environmental Protection Agency on the assessment of \n risks to children in effect on November 1, 1995; and\n ``(3) develop and use a separate assessment or finding of \n risks to vulnerable subpopulations or publish in the Federal \n Register an explanation of why the separate assessment or \n finding is not used.\n ``(b) Reevaluation of Current Public Health and Environmental \nStandards.--\n ``(1) In general.--As part of any risk assessment, risk \n characterization, environmental or public health standard, or \n general regulatory decision carried out by the Administrator, \n the Administrator shall evaluate the environmental health risks \n to children and other vulnerable subpopulations.\n ``(2) Implementation.--In carrying out paragraph (1), not \n later than 1 year after the date of enactment of this title, \n the Administrator shall--\n ``(A) develop an administrative strategy and an \n administrative process for reviewing standards;\n ``(B) identify a list of standards that may need \n revision to ensure the protection of children and \n vulnerable subpopulations;\n ``(C) prioritize the list according to the \n standards that are most important for expedited review \n to protect children and vulnerable subpopulations;\n ``(D) identify which standards on the list will \n require additional research in order to be reevaluated \nand outline the time and resources required to carry out the research; \nand\n ``(E) identify, through public input and peer \n review, not fewer than 5 public health and \n environmental standards of the Environmental Protection \n Agency to be repromulgated on an expedited basis to \n meet the criteria of this subsection.\n ``(3) Revised standards.--Not later than 6 years after the \n date of enactment of this title, the Administrator shall \n propose not fewer than 5 revised standards that meet the \n criteria of this subsection.\n ``(4) Completed revision of standards.--Not later than 15 \n years after the date of enactment of this title, the \n Administrator shall complete the revision of standards in \n accordance with this subsection.\n ``(5) Report.--The Administrator shall report to Congress \n on an annual basis on progress made by the Administrator in \n carrying out the objectives and policy of this subsection.\n\n``SEC. 507. PUBLIC AVAILABILITY OF DATA.\n\n ``(a) Disclosure of Health Effects and Exposure Data.--Subject to \nsubsection (b), any data or information known by a Federal agency \nconcerning any test of a pesticide, residue of a pesticide, or other \nenvironmental pollutant to determine the potential levels of exposure \nor health effects shall be available for disclosure to the public, \nexcept to the extent the data or information relates to--\n ``(1) a manufacturing or quality control process;\n ``(2) a method for detecting the quantity of any \n deliberately added inert ingredient of a chemical substance \n other than a method for detecting a residue of the inert \n ingredient in or on food; or\n ``(3) explicit information derived from a pesticide use \n form submitted under section 1491 of the Food, Agriculture, \n Conservation, and Trade Act of 1990 (7 U.S.C. 136i-1).\n ``(b) Data and Information Submitted Under FIFRA.--Any data or \ninformation described in subsection (a) that was submitted to the \nAdministrator under the Federal Insecticide, Fungicide, and Rodenticide \nAct (7 U.S.C. 136 et seq.) shall be made available for disclosure to \nthe public in accordance with section 10 of the Act (7 U.S.C. 136h).\n ``(c) Disclosure.--This section shall not restrict the release of--\n ``(1) information that is otherwise subject to disclosure \n under section 552 of title 5, United States Code; or\n ``(2) information available through--\n ``(A) a material safety data sheet;\n ``(B) published scientific literature; or\n ``(C) a government document.\n\n``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated such sums as are \nnecessary to carry out this title.''.","summary":"Children's Environmental Protection Act of 1996 - Amends the Toxic Substances Control Act to state US policy regarding the adequacy of protection of children and other vulnerable subpopulations from exposure to environmental pollutants. Defines vulnerable subpopulations to include children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to: (1) work with each State, including by making grants, to develop a family right-to-know initiative requiring disclosure of the details of application of a pollutant in a public area accessible to children, State reports of such information, and provision of data for a nationwide survey. (2) identify and make publicly available a list of hazardous substances and pesticides commonly used in schools and parks, (3) create a list of substances with high hazard risks. (4) develop and issue an EPA-approved warning sign and label for posting in such areas. And (5) prohibit a school or park from using any pollutant on the high hazard risk list. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and implement research studies of the physiological and pharmacokinetic differences in the effects and toxicity of pesticides and other pollutants on children and other vulnerable subpopulations. (2) conduct surveys and research to document differences between children and adults with respect to exposure. And (3) report to the Congress. Directs the Administrator to evaluate environmental health risks to children and vulnerable subpopulations in all risk assessments and characterizations, environmental or public health standards, or general regulatory decisions and develop and use a separate assessment with respect to vulnerable subpopulations. Requires a report to the Congress. Requires public availability, subject to restrictions, of information concerning any test of a pesticide, pesticide residue, or other pollutant to determine potential levels of exposure or health effects. Authorizes appropriations.","title":"Children's Environmental Protection Act of 1996","text_len":15906,"sum_len":2252} {"bill_id":"105_s867","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Violent Juvenile Criminal Records \nAct of 1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in recent years, the United States has experienced a \n significant increase in juvenile crime, especially with respect \n to serious and violent offenses;\n (2) a great proportion of the serious and violent offenses \n referred to in paragraph (1) are committed by individuals whose \n past criminal record is not revealed to criminal justice \n agencies, including courts, because of the current or former \n status of those individuals as juveniles;\n (3) in recent years, because of the increased mobility and \n ease of travel by juvenile offenders, especially members of \n criminal street gangs, to other States and units of local \n government, the officials of those States and units of local \n government are often--\n (A) unable to obtain any record of prior serious \n offenses of those juvenile offenders; and\n (B) unprepared for the violent behavior of those \n juvenile offenders; and\n (4) the inaccessibility of records indicating past violent \n offenses committed by juvenile offenders--\n (A) endangers public safety officers who may \n encounter those offenders;\n (B) increases risks to students at schools where \n those offenders may be enrolled; and\n (C) prevents judicial officials from making the \n best decision with respect to such an offender that is \n necessary to protect innocent citizens.\n\nSEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.\n\n (a) In General.--Title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--\n (1) by redesignating part Y as part Z;\n (2) by redesignating section 2501 as section 2601; and\n (3) by inserting after part X the following:\n\n``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS\n\n``SEC. 2501. DEFINITION.\n\n ``In this part, the term `violent criminal gang' means an ongoing \ngroup, club, organization, or association of 3 or more persons, whether \nformal or informal, that engages in, or has engaged in within a 2-year \nperiod preceding the date on which criminal history records are entered \nfor purposes of this part, 2 or more felonies or serious misdemeanors \ncommitted in furtherance of, or in connection with, that group.\n\n``SEC. 2502. INCENTIVE GRANTS.\n\n ``(a) In General.--With funds made available to carry out this \npart, the Attorney General, acting through the Director of the Bureau \nof Justice Statistics, shall make grants to States and units of local \ngovernment (or any combination thereof) to enable--\n ``(1) States to assist units of local government in \n carrying out programs described in paragraphs (1) through (3) \n of subsection (b); and\n ``(2) States and units of local government to carry out the \n programs described in paragraphs (1) through (3) of subsection \n (b).\n ``(b) Purposes.--The Attorney General, acting through the Director \nof the Bureau of Justice Statistics, shall make grants under subsection \n(a)--\n ``(1) to establish programs to obtain fingerprints and \n photographs of juveniles arrested for the offenses described in \n paragraph (2)(A);\n ``(2) to establish, develop, update, or upgrade the \n criminal history records systems of State and local governments \n to--\n ``(A) include arrest, detention, and disposition \n records, fingerprints, photographs, and (if used) DNA \n barcodes, for juveniles arrested or detained for--\n ``(i) violent offenses which, if committed \n by an adult, would be a felony or serious \n misdemeanor;\n ``(ii) serious drug offenses which, if \n committed by an adult, would be a felony or \n serious misdemeanor;\n ``(iii) serious property crimes which, if \n committed by an adult, would be a felony;\n ``(iv) illegal possession, use, or carrying \n of a handgun, or other firearm; or\n ``(v) participation in violent criminal \n gangs or other violent criminal organizations;\n ``(B) maintain the records described in \n subparagraph (A) at the State agency responsible for \n the operation of the adult criminal history record \n system of that State;\n ``(C) submit such information to the Federal Bureau \n of Investigation as is necessary to enable the records \n described in subparagraph (A) to be accessed in the \n same manner as are records for adult criminal \n histories; and\n ``(D) ensure that, each time an information on a \n criminal offense or activity described in subparagraph \n(A) or other criminal offense is reported to a State repository for \njuvenile and adult criminal records described in subparagraph (B), a \ncriminal history including information that relates to that individual \nfor the preceding 5-year period is submitted to that repository;\n ``(3) to establish, develop, update, or upgrade the \n criminal information systems of State and local governments, \n and regional intelligence sharing systems, to--\n ``(A) include identification, and criminal \n investigative and intelligence information concerning \n adults who participate in the illegal activities of \n violent criminal gangs or other violent criminal \n organizations;\n ``(B) maintain the records described in \n subparagraph (A) at the appropriate State agency; and\n ``(C) submit such information as is necessary to \n enable the records referred to in subparagraph (B) to \n be accessed, to the Federal Bureau of Investigation or \n a regional intelligence sharing system; and\n ``(4) to establish State programs to provide financial \n assistance to units of local government, if necessary to meet \n any purpose specified in paragraphs (1) through (3).\n ``(c) Applications.--To request a grant under this part, the chief \nexecutive officer of a State or unit of local government shall submit \nan application in such form as the Attorney General, acting through the \nDirector of the Bureau of Justice Statistics (who shall consult with \nthe Director of the Federal Bureau of Investigation), shall require.\n ``(d) Application Requirements.--\n ``(1) Formula grants.--The Attorney General, acting through \n the Director of the Bureau of Justice Statistics, may award a \n grant under section 2503(a) only to a State with respect to \n which the chief executive officer submits an application under \n subsection (c) that provides assurances that are satisfactory \n to the Attorney General that the State will use the assistance \n provided under the grant to carry out programs that meet the \n purposes described in paragraphs (1) through (3) of subsection \n (b). The State may provide for the participation of units of \n local government in the grant program that is the subject of a \n grant application.\n ``(2) Discretionary grants.--The Attorney General, acting \n through the Director of the Bureau of Justice Statistics, may \n award a grant under section 2503(b) to a State or unit of local \n government (or a combination of a State and 1 or more units of \n local government) that provides assurances that the State, unit \n of local government, or combination will use the assistance \n provided under the grant to carry out at least 1 program that \n meets at least 1 of the purposes described in paragraphs (1) \n through (3) of subsection (b).\n\n``SEC. 2503. ALLOCATION OF GRANTS.\n\n ``(a) Formula Grants.--Of the total amount made available by \nappropriations to carry out this part for each fiscal year, 90 percent \nshall be used to make grants to eligible States described in section \n2502(d)(1) that submit an application that the Attorney General, acting \nthrough the Director of the Bureau of Justice Statistics, determines to \nbe satisfactory in accordance with the following formula:\n ``(1) the greater of 0.25 percent of that amount or \n $250,000 shall be allocated to each eligible State; and\n ``(2) of the total amount remaining after the allocation \n under paragraph (1) (referred to in this paragraph as the \n `remaining funds'), there shall be allocated to each State an \n amount which bears the same ratio to the remaining funds as the \n population of that State bears to the population of all States.\n ``(b) Discretionary Grants.--Of the total amount made available to \ncarry out this part for each fiscal year, 10 percent shall be used by \nthe Attorney General, acting through the Director of the Bureau of \nJustice Statistics, for grants to States and units of local government \nthat submit an application that the Attorney General, acting through \nthe Director, determines to meet the requirements of section \n2502(d)(2).\n ``(c) Contracting Authority.--A State that receives a grant under \nthis section may enter into a contract with a person or entity to carry \nout an activity that is related to a purpose specified in section \n2502(b).\n\n``SEC. 2504. FUNDING SOURCE.\n\n ``Appropriations for activities authorized in this part may be made \nfrom the Violent Crime Reduction Trust Fund.''.\n (b) Conforming Amendment.--The table of contents of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et \nseq.) is amended by adding at the end the following:\n\n``Part Y--Incentive Grants for State and Local Criminal Records Systems\n\n``Sec. 2501. Definition.\n``Sec. 2502. Incentive grants.\n``Sec. 2503. Allocation of grants.\n``Sec. 2504. Funding source.\n ``Part Z--Transition-Effective Date-Repealer\n\n``Sec. 2601. Continuation of rules, authorities, and proceedings.''.\n (c) Authorization of Appropriations.--Section 1001 of the Omnibus \nCrime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is \namended--\n (1) in paragraph (3), by striking ``and X'' and inserting \n ``X, and Y''; and\n (2) by adding at the end the following:\n ``(23) There are authorized to be appropriated to carry out \n part Y--\n ``(A) $50,000,000 for fiscal year 1998;\n ``(B) $50,000,000 for fiscal year 1999;\n ``(C) $50,000,000 for fiscal year 2000;\n ``(D) $50,000,000 for fiscal year 2001; and\n ``(E) $50,000,000 for fiscal year 2002.''.","summary":"Violent Juvenile Criminal Records Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make incentive grants to States and local governments to: (1) establish programs to obtain fingerprints and photographs of juveniles arrested for certain violent or serious criminal offenses. And (2) establish, develop, update, or upgrade the criminal history records of such entities to include arrest, detention, and disposition records, fingerprints, photographs, and barcodes for juveniles arrested or detained for such offenses. Requires such information to be submitted to the Federal Bureau of Investigation for access in the same manner as records for adult criminal histories. Provides for: (1) grant application requirements. (2) the allocation of grant funds according to a specified formula. (3) appropriations for such activities through the Violent Crime Reduction Trust Fund. And (4) the authorization of appropriations for FY 1998 through 2002.","title":"Violent Juvenile Criminal Records Act of 1997","text_len":11451,"sum_len":1004} {"bill_id":"113_hr529","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Savings Enhancement for Education in \nCollege Act''.\n\nSEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.\n\n (a) In General.--Subsection (d) of section 25B of the Internal \nRevenue Code of 1986 (relating to elective deferrals and IRA \ncontributions by certain individuals) is amended by redesignating \nparagraph (2) as paragraph (3) and by inserting after paragraph (1) the \nfollowing new paragraph:\n ``(2) Contributions to qualified tuition programs.--\n ``(A) In general.--The term `qualified savings \n contribution' includes the amount of any purchase or \n contribution described in paragraph (1)(A) of section \n 529(b) to a qualified tuition program (as defined in \n such section) if--\n ``(i) the taxpayer has the power to \n authorize distributions and otherwise \n administer the account, and\n ``(ii) the designated beneficiary of such \n purchase or contribution is the taxpayer, the \n taxpayer's spouse, or an individual with \n respect to whom the taxpayer is allowed a \n deduction under section 151.\n ``(B) Limitation based on compensation.--The amount \n treated as a qualified savings contribution by reason \n of subparagraph (A) for any taxable year shall not \n exceed the sum of--\n ``(i) the compensation (as defined in \n section 219(f)(1)) includible in the taxpayer's \n gross income for the taxable year, and\n ``(ii) the amount excluded from the \n taxpayer's gross income under section 112 \n (relating to combat pay) for such year.\n ``(C) Determination of adjusted gross income.--\n Solely for purposes of determining the applicable \n percentage under subsection (b) which applies with \n respect to the amount treated as a qualified savings \n contribution by reason of subparagraph (A), adjusted \n gross income (determined without regard to this \n subparagraph) shall be increased by the excess (if any) \n of--\n ``(i) the social security benefits received \n during the taxable year (within the meaning of \n section 86), over\n ``(ii) the amount included in gross income \n for such year under section 86.''.\n (b) Conforming Amendments.--\n (1) Section 25B of such Code is amended by striking \n ``qualified retirement savings'' each place it appears in the \n text and inserting ``qualified savings''.\n (2) The subsection heading for section 25B(d) of such Code \n is amended by striking ``Retirement''.\n (3) Subparagraph (A) of section 25B(d)(3) of such Code, as \n redesignated by subsection (a), is amended--\n (A) by striking ``paragraph (1)'' the first place \n it appears and inserting ``paragraph (1) or (2)'', and\n (B) by striking ``paragraph (1)'' the second place \n it appears and inserting ``paragraph (1), or (2), as \n the case may be,''.\n (4) The heading for section 25B of such Code is amended by \n striking ``and ira contributions'' and inserting ``, ira \n contributions, and qualified tuition program contributions''.\n (5) The table of sections for subpart A of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the item relating to section 25B and inserting the following \n new item:\n\n``Sec. 25B. Elective deferrals, IRA contributions, and qualified \n tuition program contributions by certain \n individuals.''.\n (c) Effective Date.--The amendments made by this section shall \napply to contributions made after December 31, 2012, in taxable years \nending after such date.\n\nSEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO \n QUALIFIED TUITION PROGRAMS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by inserting after section 127 the \nfollowing new section:\n\n``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.\n\n ``(a) In General.--Gross income of an employee does not include \namounts paid by the employer as contributions to a qualified tuition \nprogram held by the employee or spouse of the employee if the \ncontributions are made pursuant to a program which is described in \nsubsection (b).\n ``(b) Maximum Exclusion.--The amount excluded from the gross income \nof an employee under this section for the taxable year shall not exceed \n$600.\n ``(c) Qualified Tuition Assistance Program.--For purposes of this \nsection, a qualified tuition assistance program is a separate written \nplan of an employer for the benefit of such employer's employees--\n ``(1) under which the employer makes matching contributions \n to qualified tuition programs of--\n ``(A) such employees,\n ``(B) their spouses, or\n ``(C) any individual with respect to whom such an \n employee or spouse--\n ``(i) is allowed a deduction under section \n 151, and\n ``(ii) has the power to authorize \n distributions and otherwise administer such \n individual's account under the qualified \n tuition program, and\n ``(2) which meets requirements similar to the requirements \n of paragraphs (2), (3), (4), (5), and (6) of section 127(b).\n ``(d) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Qualified tuition program.--The term `qualified \n tuition program' means a qualified tuition program as defined \n in section 529(b).\n ``(2) Employee and employer.--The terms `employee' and \n `employer' shall have the meaning given such terms by \n paragraphs (2) and (3), respectively, of section 127(c).\n ``(3) Applicable rules.--Rules similar to the rules of \n paragraphs (4), (5), (6), and (7) of section 127(c) shall \n apply.\n ``(e) Inflation Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 2013, the $600 amount \n contained in subsection (b)(1) shall be increased by an amount \n equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2012' for `calendar year 1992' in \n subparagraph (B) thereof.\n Any increase determined under the preceding sentence shall be \n rounded to the nearest multiple of $50.\n ``(f) Cross Reference.--For reporting and recordkeeping \nrequirements, see section 6039D.''.\n (b) Exclusion From Employment Taxes.--\n (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of \n such Code are each amended by inserting ``127A,'' after \n ``127,'' each place it appears.\n (2) Section 3231(e)(6) of such Code is amended by striking \n ``section 127'' and inserting ``section 127 or 127A''.\n (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) \nof such Code is amended by inserting ``127A,'' after ``127,''.\n (d) Other Conforming Amendments.--\n (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such \n Code are each amended by inserting ``127A,'' after ``127,'' \n each place it appears.\n (2) Section 132(j)(8) of such Code is amended by striking \n ``section 127'' and inserting ``section 127 or 127A''.\n (3) Section 1397(a)(2)(A) of such Code is amended by \n inserting at the end the following new clause:\n ``(iii) Any amount paid or incurred by an \n employer which is excludable from the gross \n income of an employee under section 127A, but \n only to the extent paid or incurred to a person \n not related to the employer.''.\n (4) Section 209(a)(15) of the Social Security Act (42 \n U.S.C. 409(a)(15)) is amended by striking ``or 129'' and \n inserting ``, 127A, or 129''.\n (e) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code is amended by inserting after \nthe item relating to section 127 the following new item:\n\n``Sec. 127A. Employer contributions to qualified tuition programs.''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to qualified tuition plans. And (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program.","title":"Savings Enhancement for Education in College Act","text_len":9533,"sum_len":292} {"bill_id":"114_hr5027","text":"SECTION 1. CALLABLE STOCK OF FEDERAL RESERVE BANKS.\n\n (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is \namended--\n (1) in the third undesignated paragraph of section 2--\n (A) by striking ``Under regulations'' and inserting \n the following:\n ``(3) Subscription to stock.--\n ``(A) In general.--Under regulations'';\n (B) by striking ``one-sixth of the subscription to \n be payable on call of the organization committee or of \n the Board of Governors of the Federal Reserve System, \n one-sixth within three months and one-sixth within six \n months thereafter, and the remainder of the \n subscription, or any part thereof, shall be subject to \n call when deemed necessary by the Board of Governors of \n the Federal Reserve System'' and inserting ``one-\n twelfth of the subscription to be paid at such time as \n the Board of Governors of the Federal Reserve System \n directs (or, in the case of a member bank with total \n consolidated assets of $10,000,000,000 or less, as \n provided under subparagraph (B)) and the remainder of \n the subscription, or any part thereof, shall be subject \n to call by the Board of Governors of the Federal \n Reserve System in the manner described under \n subparagraph (C)''; and\n (C) by adding at the end the following:\n ``(B) Treatment of member banks with \n $10,000,000,000 or less in assets.--\n ``(i) In general.--With respect to the \n payment of subscription under subparagraph (A) \n or section 5, a member bank with total \n consolidated assets of $10,000,000,000 or less \n may elect to pay one-half of the subscription \n in lieu of the one-twelfth amount specified \n under such subparagraph (A) or section 5.\n ``(ii) Timing of election.--The election \n described under clause (i)--\n ``(I) may only be made once; and\n ``(II) shall be made before the end \n of the 1-year period beginning on the \n date the entity becomes a member bank.\n ``(C) Subscription subject to call.--\n ``(i) In general.--The Board of Governors \n of the Federal Reserve System may only call the \n subscription of a member bank under \n subparagraph (A) or section 5 if the aggregate \n amount of surplus funds of the Federal reserve \n banks is exhausted.\n ``(ii) Return of called amounts.--With \n respect to amounts called under clause (i), a \n member bank may elect to have such amounts \n returned to the member bank if the aggregate \n amount of surplus funds of the Federal reserve \n banks is $1,000,000,000 or more.\n ``(D) Inflation adjustment.--The Board of Governors \n of the Federal Reserve System shall annually adjust the \n dollar amounts of total consolidated assets specified \n under subparagraphs (A) and (B)(i) of this paragraph \n and under section 5 to reflect the change in the Gross \n Domestic Product Price Index, published by the Bureau \n of Economic Analysis.''; and\n (2) in section 5, by striking ``one-half of said \n subscription to be paid in the manner hereinbefore provided for \n original subscription, and one-half subject to call of the \n Board of Governors of the Federal Reserve System'' and \n inserting ``one-twelfth of said subscription to be paid in the \n manner hereinbefore provided for original subscription (or, in \n the case of a member bank with total consolidated assets of \n $10,000,000,000 or less, as provided under section 2(3)(B)) and \n the remainder of the subscription, or any part thereof, subject \n to call of the Board of Governors of the Federal Reserve System \n in the manner described under section 2(3)(C)''.\n (b) Transition Provisions.--\n (1) Election by member banks with $10,000,000,000 or less \n in assets.--Notwithstanding section 2(3)(B)(ii) of the Federal \n Reserve Act, as added by subsection (a), a member bank with \n total consolidated assets of $10,000,000,000 or less shall make \n the election described under section 2(3)(B) of such Act before \n the end of the 1-year period beginning on the date of the \n enactment of this Act.\n (2) Return of payments.--With respect to an entity that is \n a member bank on the date of the enactment of this Act, the \n Board of Governors of the Federal Reserve System shall direct \n the appropriate Federal reserve bank to return to the member \n bank an amount equal to 2.5 percent of the paid-up capital \n stock and surplus of the member bank if, on the date of the \n enactment of this Act--\n (A) the member bank has total consolidated assets \n of more than $10,000,000,000; or\n (B) the member bank has total consolidated assets \n of $10,000,000,000 or less and elects, pursuant to \n paragraph (1), to pay one-twelfth of the subscription \n amount described under section 2(3) of the Federal \n Reserve Act instead of one-half.\n (3) Member bank defined.--For purposes of this subsection, \n the term ``member bank'' has the meaning given that term under \n section 1 of the Federal Reserve Act.","summary":"This bill amends the Federal Reserve Act to revise the formula for subscription of national banking associations to the stock of their regional Federal Reserve Bank. Instead of one-sixth of an association's subscription to be payable on call by the Board of Governors of the Federal Reserve System, a member bank shall pay one-twelfth of its subscription when the Federal Reserve Board directs, and the remainder subject to the call of the Board. If a member bank has total consolidated assets of $10 billion or less, however, it may elect to pay one-half of its subscription instead of one-twelfth, but only once, and only within the first year after it becomes a member bank. The bill makes similar revisions to the formula for an increase in a member bank's capital stock or surplus. The Board may only call the subscription of a member bank if the aggregate amount of surplus funds of the Federal Reserve Banks is exhausted. A member bank may elect to have called amounts returned to it if the aggregate amount of surplus funds of the Federal Reserve Banks is $1 billion or more. The Board shall make annually inflation adjustments to the dollar amounts of total consolidated assets specified in the Act and in this bill to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis of the Department of Commerce.","title":"To amend the Federal Reserve Act to adjust the circumstances under which Federal reserve bank stock is callable, and for other purposes.","text_len":6285,"sum_len":1365} {"bill_id":"113_hr2336","text":"SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAYARD MILITARY RESERVATION, \n GRANT COUNTY, NEW MEXICO.\n\n (a) In General.--Subject to this Act, the Secretary of Agriculture \nshall convey the lands described in subsection (b) to one or more \neligible buyers for the purpose of business and community development.\n (b) Land Described.--The lands to be conveyed under subsection (a) \nare the following lands that were formerly part of the Fort Bayard \nMilitary Reservation, Grant County, New Mexico, comprising \napproximately 1,499 acres, and are situated in sections:\n Township 17 South, Range 12 West, New Mexico Principal \n Meridian.\n Section 30, all within the former Fort Bayard Military \n Reservation (31 acres more or less).\n Section 31, all within the former Fort Bayard Military \n Reservation (155 acres more or less).\n Township 17 South, Range 13 West, New Mexico Principal \n Meridian.\n Section 34, all within the former Fort Bayard Military \n Reservation (584 acres more or less).\n Section 35, all within the former Fort Bayard Military \n Reservation less lands conveyed under other Federal authorities \n to the Village of Central (Santa Clara), and the State of New \n Mexico (216 acres more or less).\n Section 36, all within the former Fort Bayard Military \n Reservation (513 acres more or less).\n (c) Eligible Buyers.--For the purposes of this Act, eligible buyers \nare the village of Santa Clara, the city of Bayard, and the county of \nGrant in the State of New Mexico.\n\nSEC. 2. CONDITIONS.\n\n In making the conveyance under section 1, the Secretary of \nAgriculture--\n (1) shall sell the land in tracts of not less than 40 \n acres;\n (2) shall require as consideration for the land the market \n price of the land in its present state of use as agricultural \n grazing lands as determined by the Secretary;\n (3) shall protect all valid existing rights;\n (4) shall reserve easements for existing facilities such as \n roads, telephone lines, pipelines, electric power transmission \n lines, or other facilities or improvements in place;\n (5) shall reserve such easements for roads as the Secretary \n of Agriculture finds necessary to assure access to lands of the \n United States or to meet public needs; and\n (6) may contain such additional terms, conditions, \n reservations, and restrictions as may be determined by the \n Secretary of Agriculture to be necessary to protect the \n interests of the United States.\n\nSEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CONVEYANCE.\n\n The Secretary of Agriculture shall not make a conveyance under this \nAct to any one of the eligible buyers, without written approval of the \ntwo nonacquiring eligible buyers.\n\nSEC. 4. HISTORIC OR PREHISTORIC SITES.\n\n If historic or prehistoric cultural properties are located upon the \nlands to be conveyed under section 1, the Secretary of Agriculture \nshall be responsible for the costs and recovery of these sites and \nshall do so in a timely manner so as not to unduly restrict future use \nof the selected lands by the acquiring party. The Secretary may, at the \nSecretary's discretion, use a deed reservation to retain historic or \nprehistoric properties in the ownership of the United States instead of \nsite recovery, if agreeable to the acquiring party.\n\nSEC. 5. SALE OF MINERAL INTERESTS.\n\n (a) Inclusion in Conveyance.--Upon application by the acquiring \nparty, all the undivided mineral interest of the United States in any \nparcel or tract sold pursuant to this Act shall be conveyed to the \nacquiring party or its successor in title by the Secretary of the \nInterior. In areas where the Secretary of the Interior determines that \nthere is no active mineral development or leasing, and that the lands \nhave no mineral value, the mineral interests covered by a single \napplication shall be sold for a consideration of $1. In other areas the \nmineral interests shall be sold at the fair market value thereof as \ndetermined by the Secretary of the Interior after taking into \nconsideration such appraisals as the Secretary of the Interior deems \nnecessary or appropriate.\n (b) Administrative Costs.--\n (1) Deposit and payment.--Each application for a conveyance \n to be made under this Act shall be accompanied by a \n nonrefundable deposit to be applied to related administrative \n costs as determined by the Secretary of the Interior. If the \n conveyance is made pursuant to an application, the applicant \n shall pay to the Secretary of the Interior the full \n administrative costs, less the deposit. If a conveyance is not \n made pursuant to the application, the deposit shall constitute \n full satisfaction of such administrative costs notwithstanding \n that the administrative costs exceed the deposit.\n (2) Definition.--For the purposes of this section, the term \n ``administrative costs'' includes, in addition to other items, \n all costs that the Secretary of the Interior determines are \n included in a determination of--\n (A) the mineral character of the land in question; \n and\n (B) the fair market value of the mineral interest.\n (c) Amounts Paid Into Treasury.--Amounts paid to the Secretary of \nthe Interior under this section shall be paid into the Treasury of the \nUnited States as miscellaneous receipts.","summary":"Directs the Secretary of Agriculture (USDA) to convey at current state of agricultural use market prices specified lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, to the Village of Santa Clara, the City of Bayard, and Grant County, New Mexico, in tracts of not less than 40 acres, for business and community development. Requires approval of all parties for any such conveyance. Provides that the Secretary shall be responsible for the costs and recovery of any historic or prehistoric cultural properties located on such lands.","title":"To direct the Secretary of Agriculture to convey lands of the former Fort Bayard Military Reservation in Grant County, New Mexico, to the village of Santa Clara, the city of Bayard, or the county of Grant in that State, in tracts of not less than 40 acres, and at market price at its present state of use as agricultural grazing lands as determined by the Secretary, for business and community development, and for other purposes.","text_len":5680,"sum_len":567} {"bill_id":"115_hr2807","text":"SECTION 1. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER \n OPERATIONS AND CYBER WEAPONS.\n\n (a) Notification.--Chapter 3 of title 10, United States Code, is \namended by adding at the end the following new sections:\n``Sec. 130j. Notification requirements for sensitive military cyber \n operations\n ``(a) In General.--Except as provided in subsection (d), the \nSecretary of Defense shall promptly submit to the congressional defense \ncommittees notice in writing of any sensitive military cyber operation \nconducted under this title no later than 48 hours following such \noperation.\n ``(b) Procedures.--(1) The Secretary of Defense shall establish and \nsubmit to the congressional defense committees procedures for complying \nwith the requirements of subsection (a) consistent with the national \nsecurity of the United States and the protection of operational \nintegrity. The Secretary shall promptly notify the congressional \ndefense committees in writing of any changes to such procedures at \nleast 14 days prior to the adoption of any such changes.\n ``(2) The congressional defense committees shall ensure that \ncommittee procedures designed to protect from unauthorized disclosure \nclassified information relating to national security of the United \nStates are sufficient to protect the information that is submitted to \nthe committees pursuant to this section.\n ``(3) In the event of an unauthorized disclosure of a sensitive \nmilitary cyber operation covered by this section, the Secretary shall \nensure, to the maximum extent practicable, that the congressional \ndefense committees are notified immediately of the sensitive military \ncyber operation concerned. The notification under this paragraph may be \nverbal or written, but in the event of a verbal notification a written \nnotification shall be provided by not later than 48 hours after the \nprovision of the verbal notification.\n ``(c) Sensitive Military Cyber Operation Defined.--(1) In this \nsection, the term `sensitive military cyber operation' means an action \ndescribed in paragraph (2) that--\n ``(A) is carried out by the armed forces or by a foreign \n partner in coordination with the armed forces; and\n ``(B) is intended to cause effects outside a geographic \n location where United States armed forces are involved in \n hostilities (as that term is used in section 1543 of title 50, \n United States Code).\n ``(2) The actions described in this paragraph are the following:\n ``(A) An offensive cyber operation.\n ``(B) A defensive cyber operation outside the Department of \n Defense Information Networks to defeat an ongoing or imminent \n threat.\n ``(d) Exceptions.--The notification requirement under subsection \n(a) does not apply--\n ``(1) to a training exercise conducted with the consent of \n all nations where the intended effects of the exercise will \n occur; or\n ``(2) to a covert action (as that term is defined in \n section 3093 of title 50, United States Code).\n ``(e) Rule of Construction.--Nothing in this section shall be \nconstrued to provide any new authority or to alter or otherwise affect \nthe War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization \nfor Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or \nany requirement under the National Security Act of 1947 (50 U.S.C. 3001 \net seq.).\n``Sec. 130k. Notification requirements for cyber weapons\n ``(a) In General.--Except as provided in subsection (c), the \nSecretary of Defense shall promptly submit to the congressional defense \ncommittees notice in writing of the following:\n ``(1) With respect to a cyber capability that is intended \n for use as a weapon, the results of any review of the \n capability for legality under international law pursuant to \n Department of Defense Directive 5000.01 no later than 48 hours \n after any military department concerned has completed such \n review.\n ``(2) The use as a weapon of any cyber capability that has \n been approved for such use under international law by a \n military department no later than 48 hours following such use.\n ``(b) Procedures.--(1) The Secretary of Defense shall establish and \nsubmit to the congressional defense committees procedures for complying \nwith the requirements of subsection (a) consistent with the national \nsecurity of the United States and the protection of operational \nintegrity. The Secretary shall promptly notify the congressional \ndefense committees in writing of any changes to such procedures at \nleast 14 days prior to the adoption of any such changes.\n ``(2) The congressional defense committees shall ensure that \ncommittee procedures designed to protect from unauthorized disclosure \nclassified information relating to national security of the United \nStates are sufficient to protect the information that is submitted to \nthe committees pursuant to this section.\n ``(3) In the event of an unauthorized disclosure of a cyber \ncapability covered by this section, the Secretary shall ensure, to the \nmaximum extent practicable, that the congressional defense committees \nare notified immediately of the cyber capability concerned. The \nnotification under this paragraph may be verbal or written, but in the \nevent of a verbal notification a written notification shall be provided \nby not later than 48 hours after the provision of the verbal \nnotification.\n ``(c) Exceptions.--The notification requirement under subsection \n(a) does not apply--\n ``(1) to a training exercise conducted with the consent of \n all nations where the intended effects of the exercise will \n occur; or\n ``(2) to a covert action (as that term is defined in \n section 3093 of title 50, United States Code).\n ``(d) Rule of Construction.--Nothing in this section shall be \nconstrued to provide any new authority or to alter or otherwise affect \nthe War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization \nfor Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or \nany requirement under the National Security Act of 1947 (50 U.S.C. 3001 \net seq.).''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new items:\n\n``130j. Notification requirements for sensitive military cyber \n operations.\n``130k. Notification requirements for cyber weapons.''.","summary":"This bill instructs the Department of Defense (DOD) to notify the congressional defense committees within 48 hours after any sensitive military cyber operation has been conducted. A sensitive military cyber operation is an offensive cyber operation or a defensive cyber operation outside DOD's information networks to defeat an ongoing or imminent threat that: (1) is carried out by the US Armed Forces or by a foreign partner in coordination with them, and (2) is intended to cause effects outside of a geographic location where the Armed Forces are involved in hostilities. DOD must also notify such committees within 48 hours after: (1) the completion of any review of the legality under international law of a cyber capability that is intended for use as a weapon. And (2) the use as a weapon of any cyber capability that has been approved under international law. Such notification requirements shall not apply to: (1) a training exercise conducted with the consent of all of the nations where its intended effects will occur, or (2) a covert action.","title":"To amend title 10, United States Code, to require congressional notification concerning sensitive military cyber operations and cyber weapons, and for other purposes.","text_len":6627,"sum_len":1055} {"bill_id":"109_hr5234","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oil Subsidy Elimination Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) On Friday April 21, 2006, the trading price for a \n barrel of oil reached a new record high of $75.17. As a result \n the price of gasoline in many areas around the country jumped \n to $3 per gallon or higher.\n (2) According to the Energy Information Administration \n (EIA) of the Department of Energy, gas prices are expected to \n rise nationally by at least another 25 cents in the short term.\n (3) Oil companies are receiving record profits as a result \n of high gas prices. In 2005, ExxonMobil--the Nation's largest \n oil company--earned a net income of $36.1 billion, up 31 \n percent from the year before. In the fourth quarter of 2005 \n alone, ExxonMobile earned $10 billion, up from the previous \n record of $9.92 billion set by ExxonMobile in the third quarter \n of 2005.\n (4) While high energy prices are squeezing the American \n middle class, oil executives are receiving record compensation \n and retirement packages. For example, the retiring chairman of \n ExxonMobil was recently given a $400 million retirement \n package--one of the largest in history.\n (5) In the 108th and 109th Congresses, the United States \n Congress passed, and the President signed, legislation giving \n billions in taxpayer dollars away to the oil industry in the \n form of tax breaks--even as this industry continues to garner \n record breaking profits.\n (6) At a November 9, 2005, joint hearing of the Committee \n on Energy and Natural Resources and the Committee on \n Environment and Public Works of the Senate, the chief executive \n officers of the top five oil companies testified that their \n companies did not need the Federal tax incentives included in \n the Energy Policy Act of 2005 (Public Law 109-58).\n (7) On April 25, 2006, President Bush stated ``Record oil \n prices and large cash flows also mean that Congress has got to \n understand that these energy companies don't need unnecessary \n tax breaks like the write-offs of certain geological and \n geophysical expenditures, or the use of taxpayers' money to \n subsidize energy companies research into deep water drilling. \n I'm looking forward to Congress to take about $2 billion of \n these tax breaks out of the budget over a 10-year period of \n time. Cash flows are up. Taxpayers don't need to be paying for \n certain of these expenses on behalf of the energy companies.''.\n\nSEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES.\n\n (a) Revaluation of LIFO Inventories of Large Integrated Oil \nCompanies.--\n (1) General rule.--Notwithstanding any other provision of \n law, if a taxpayer is an applicable integrated oil company for \n its last taxable year ending in calendar year 2005, the \n taxpayer shall--\n (A) increase, effective as of the close of such \n taxable year, the value of each historic LIFO layer of \n inventories of crude oil, natural gas, or any other \n petroleum product (within the meaning of section 4611) \n by the layer adjustment amount, and\n (B) decrease its cost of goods sold for such \n taxable year by the aggregate amount of the increases \n under paragraph (1).\n If the aggregate amount of the increases under paragraph (1) \n exceed the taxpayer's cost of goods sold for such taxable year, \n the taxpayer's gross income for such taxable year shall be \n increased by the amount of such excess.\n (2) Layer adjustment amount.--For purposes of this \n section--\n (A) In general.--The term ``layer adjustment \n amount'' means, with respect to any historic LIFO \n layer, the product of--\n (i) $18.75, and\n (ii) the number of barrels of crude oil (or \n in the case of natural gas or other petroleum \n products, the number of barrel-of-oil \n equivalents) represented by the layer.\n (B) Barrel-of-oil equivalent.--The term ``barrel-\n of-oil equivalent'' has the meaning given such term by \n section 29(d)(5) (as in effect before its redesignation \n by the Energy Tax Incentives Act of 2005).\n (3) Application of requirement.--\n (A) No change in method of accounting.--Any \n adjustment required by this section shall not be \n treated as a change in method of accounting.\n (B) Underpayments of estimated tax.--No addition to \n the tax shall be made under section 6655 of the \n Internal Revenue Code of 1986 (relating to failure by \n corporation to pay estimated tax) with respect to any \n underpayment of an installment required to be paid with \n respect to the taxable year described in subsection (a) \n to the extent such underpayment was created or \n increased by this section.\n (4) Applicable integrated oil company.--For purposes of \n this subsection, the term ``applicable integrated oil company'' \n means an integrated oil company (as defined in section \n 291(b)(4) of the Internal Revenue Code of 1986) which has an \n average daily worldwide production of crude oil of at least \n 500,000 barrels for the taxable year and which had gross \n receipts in excess of $1,000,000,000 for its last taxable year \n ending during calendar year 2005. For purposes of this \n subsection all persons treated as a single employer under \n subsections (a) and (b) of section 52 of the Internal Revenue \n Code of 1986 shall be treated as 1 person and, in the case of a \n short taxable year, the rule under section 448(c)(3)(B) shall \n apply.\n (b) Elimination of Amortization of Geological and Geophysical \nExpenditures for Major Integrated Oil Companies.--\n (1) In general.--Section 167(h) of the Internal Revenue \n Code of 1986 is amended by adding at the end the following new \n paragraph:\n ``(5) Nonapplication to major integrated oil companies.--\n This subsection shall not apply with respect to any expenses \n paid or incurred for any taxable year by any integrated oil \n company (as defined in section 291(b)(4)) which has an average \n daily worldwide production of crude oil of at least 500,000 \n barrels for such taxable year.''.\n (2) Effective date.--The amendment made by this section \n shall take effect as if included in the amendment made by \n section 1329(a) of the Energy Policy Act of 2005.\n (c) Modifications of Foreign Tax Credit Rules Applicable to Large \nIntegrated Oil Companies Which Are Dual Capacity Taxpayers.--\n (1) In general.--Section 901 of the Internal Revenue Code \n of 1986 (relating to credit for taxes of foreign countries and \n of possessions of the United States) is amended by \n redesignating subsection (m) as subsection (n), and by \n inserting after subsection (l) the following new subsection:\n ``(m) Special Rules Relating to Large Integrated Oil Companies \nWhich Are Dual Capacity Taxpayers.--\n ``(1) General rule.--Notwithstanding any other provision of \n this chapter, any amount paid or accrued by a dual capacity \n taxpayer which is a large integrated oil company to a foreign \n country or possession of the United States for any period shall \n not be considered a tax--\n ``(A) if, for such period, the foreign country or \n possession does not impose a generally applicable \n income tax, or\n ``(B) to the extent such amount exceeds the amount \n (determined in accordance with regulations) which--\n ``(i) is paid by such dual capacity \n taxpayer pursuant to the generally applicable \n income tax imposed by the country or \n possession, or\n ``(ii) would be paid if the generally \n applicable income tax imposed by the country or \n possession were applicable to such dual \n capacity taxpayer.\n Nothing in this paragraph shall be construed to imply \n the proper treatment of any such amount not in excess \n of the amount determined under subparagraph (B).\n ``(2) Dual capacity taxpayer.--For purposes of this \n subsection, the term `dual capacity taxpayer' means, with \n respect to any foreign country or possession of the United \n States, a person who--\n ``(A) is subject to a levy of such country or \n possession, and\n ``(B) receives (or will receive) directly or \n indirectly a specific economic benefit (as determined \n in accordance with regulations) from such country or \n possession.\n ``(3) Generally applicable income tax.--For purposes of \n this subsection--\n ``(A) In general.--The term `generally applicable \n income tax' means an income tax (or a series of income \n taxes) which is generally imposed under the laws of a \n foreign country or possession on income derived from \n the conduct of a trade or business within such country \n or possession.\n ``(B) Exceptions.--Such term shall not include a \n tax unless it has substantial application, by its terms \n and in practice, to--\n ``(i) persons who are not dual capacity \n taxpayers, and\n ``(ii) persons who are citizens or \n residents of the foreign country or possession.\n ``(4) Large integrated oil company.--For purposes of this \n subsection, the term `large integrated oil company' means, with \n respect to any taxable year, an integrated oil company (as \n defined in section 291(b)(4)) which--\n ``(A) had gross receipts in excess of \n $1,000,000,000 for such taxable year, and\n ``(B) has an average daily worldwide production of \n crude oil of at least 500,000 barrels for such taxable \n year.''\n (2) Effective date.--\n (A) In general.--The amendments made by this \n subsection shall apply to taxes paid or accrued in \n taxable years beginning after the date of the enactment \n of this Act.\n (B) Contrary treaty obligations upheld.--The \n amendments made by this subsection shall not apply to \n the extent contrary to any treaty obligation of the \n United States.\n\nSEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF \n 2005 FOR OIL AND GAS.\n\n (a) Repeal.--The following provisions, and amendments made by such \nprovisions, of the Energy Policy Act of 2005 are hereby repealed:\n (1) Section 1323 (relating to temporary expensing for \n equipment used in refining of liquid fuels).\n (2) Section 1328 (relating to determination of small \n refiner exception to oil depletion deduction).\n (3) Section 1329 (relating to amortization of geological \n and geophysical expenditures).\n (b) Administration of Internal Revenue Code of 1986.--The Internal \nRevenue Code of 1986 shall be applied and administered as if the \nprovisions, and amendments, specified in subsection (a) had never been \nenacted.","summary":"Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products. Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures. And (2) foreign tax credits for certain payments made to foreign countries. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property. (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners, and (3) amortization of geological and geophysical expenditures.","title":"To amend the Internal Revenue Code of 1986 to repeal certain tax incentives for oil companies.","text_len":12497,"sum_len":797} {"bill_id":"107_s3105","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``West Nile Virus and Arboviral \nDisease Act''.\n\nSEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL \n DISEASES.\n\n Section 319 of the Public Health Service Act (42 U.S.C. 247d) is \namended--\n (1) by redesignating subsections (b) through (d) as \n subsections (c) through (e), respectively; and\n (2) by inserting after subsection (a), the following:\n ``(b) Temporary Program for West Nile Virus and Related Arboviral \nDiseases.--\n ``(1) In general.--The Secretary, acting through the \n Director of the Centers for Disease Control and Prevention, may \n make grants to States for the prevention and control of West \n Nile Virus and related arboviral diseases. States that receive \n grants under this subsection are encouraged to work with local \n health entities to develop prevention and control programs.\n ``(2) Preference in making grants.--In awarding grants \n under paragraph (1), the Secretary may give preference to State \n that--\n ``(A) have an incidence or prevalence of West Nile \n Virus or related arboviral diseases, or a population of \n infected mosquitoes, that is substantial relative to \n other States; or\n ``(B) have an increased risk of West Nile Virus or \n related arboviral diseases.\n ``(3) Use of funds.--Funds made available under a grant \n under this subsection shall be used for--\n ``(A) the development, implementation, and \n evaluation by States and localities of community-based, \n comprehensive mosquito control plans, based upon the \n guidelines developed under paragraph (7); and\n ``(B) the development and implementation of \n programs on medical entomology, arbovirology, and other \n vector-borne diseases, that would support longer term \n prevention and control efforts, including training to \n assist in developing a competent workforce to direct \n and manage local mosquito and vector-borne disease \n control programs.\n ``(4) Matching funds and limitation on supplanting.--\n ``(A) In general.--To be eligible to receive a \n grant under this subsection a State shall provide \n assurances to the Secretary that the State shall, with \n respect to the costs of the program to be carried out \n by the State under the grant, make available (directly \n or through donations from public or private entities) \n non-Federal contributions toward such costs in an \n amount that is not less than 50 percent of such costs \n (or $1 for each $1 of Federal funds provided under the \n grant).\n ``(B) Determination of amount contributed.--Non-\n Federal contributions required under subparagraph (A) \n may be in cash or in kind, fairly evaluated, including \n plant, equipment, or services. Amounts provided by the \n Federal Government, or services assisted or subsidized \n to any significant extent by the Federal Government, \n may not be included in determining the amount of such \n non-Federal contributions.\n ``(C) Supplement not supplant.--Amounts provided \n under a grant under this subsection shall be used to \n supplement, and not supplant, State and local funds \n provided for activities of the type funded under this \n subsection.\n ``(D) Waiver.--The Secretary may waive the \n requirements of subparagraph (A) with respect to a \n State if the Secretary determines that extraordinary \n economic conditions in the State justify such a waiver.\n ``(5) Local involvement.--\n ``(A) In general.--A State that receives funds \n under this subsection shall, to the extent practicable, \n involve localities in the planning, implementation, and \n evaluation of community-based, comprehensive mosquito \n control plans.\n ``(B) Local public health improvement.--A State \n that receives a grant under this subsection shall \n ensure that not less than 85 percent of the amount \n received under the grant is expended at the local level \n or for local public health improvement related to the \n West Nile Virus or related arboviral diseases.\n ``(6) Technical assistance.--\n ``(A) In general.--Amounts appropriated to carry \n out this subsection may be used to expand the \n capability of the Centers for Disease Control and \n Prevention to provide technical support to State and \n local health departments in the implementation and \n evaluation of mosquito control programs and the \n containment of relevant arboviral diseases. Such \n technical assistance may include the development of \n guidelines, as described in paragraph (7).\n ``(B) Limitation.--Not to exceed 20 percent of the \n amount appropriated to carry out this subsection for a \n fiscal year may be used as provided for under \n subparagraph (A).\n ``(7) Mosquito abatement guidelines.--The Secretary, acting \n through the Director of the Centers for Disease Control and \n Prevention and in consultation with public and private health \n and mosquito control organizations, shall provide for the \n development of a plan, together with standard operating \n procedures, to serve as a guideline for State and local \n communities for the development, implementation, and evaluation \n of sustainable, locally managed, integrated mosquito control \n programs. The elements of such guidelines shall be limited to \n those functions determined as appropriate by the Director for \n building the public health infrastructure. Such guidelines \n should include programs to--\n ``(A) identify new human cases of disease;\n ``(B) track the spread of disease through \n monitoring infection in mosquitoes, birds, horses, and \n any other creatures that may be involved;\n ``(C) provide laboratory support for testing;\n ``(D) increase participation in the existing \n surveillance system for arboviruses;\n ``(E) provide for the conduct of educational and \n public outreach campaigns to reduce exposure to \n arboviruses; and\n ``(F) outline appropriate procedures for mosquito \n control and for monitoring possible health or \n environmental effects.\n ``(8) Evaluation.--\n ``(A) In general.--The Secretary shall conduct an \n evaluation of the program established under this \n subsection.\n ``(B) Report.--Not later than 18 months after the \n date of enactment of the West Nile Virus and Arboviral \n Disease Act, the Secretary shall submit to Congress a \n report concerning the program established under this \n subsection, that shall include--\n ``(i) the results of the evaluation \n conducted under subparagraph (A);\n ``(ii) information related to the \n development of a sustainable mosquito abatement \n program for those States that have received \n funds under this subsection;\n ``(iii) a description of the progress made \n in the development and implementation of the \n guidelines under paragraph (7); and\n ``(iv) an evaluation of the overall costs \n and benefits of the program established under \n this subsection.\n ``(9) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection, such sums as \n may be necessary for each of fiscal years 2003 and 2004. In the \n case of control programs carried out in response to the West \n Nile Virus or related arboviruses that constitute a public \n health emergency, the authorization of appropriations under the \n preceding sentence is in addition to applicable authorizations \n under the Public Health Security and Bioterrorism Response Act \n of 2002 (or the amendments made by such Act).\n ``(10) Termination.--The program established under this \n subsection shall terminate on September 30, 2004, except that \n the Secretary, based on the evaluation conducted under \n paragraph (6), may extend such program for an additional fiscal \n year.''.\n\nSEC. 3. RESEARCH PROGRAM.\n\n Part B of title II of the Public Health Service Act (42 U.S.C. 238 \net seq.) is amended by adding at the end the following:\n\n``SEC. 249. ARBOVIRUS RESEARCH PROGRAM.\n\n ``(a) In General.--The President shall expand, intensify, and \nenhance research (either directly or through the awarding of grants or \ncontracts) to--\n ``(1) identify or develop methods of controlling the \n population of insects that transmit to humans diseases that \n have significant adverse health consequences (including the \n West Nile Virus);\n ``(2) develop rapid screening tools for West Nile Virus in \n blood or organs;\n ``(3) develop pathogen inactivation technologies \n (technologies that safely and cost-effectively remove RNA and \n DNA from blood); and\n ``(4) develop additional methodologies for containing the \n spread of the West Nile Virus or other related arboviruses.\n ``(b) Scope of Activities.--Activities under subsection (a)(1) may \ninclude examining methodologies that have been used or are being used \nto control insect populations as well as developing new methodologies.\n ``(c) Entities Involved.--Activities under subsection (a) may be \ncarried out through the National Institute of Environmental Health \nSciences, other Institutes at the National Institutes of Health, the \nEnvironmental Protection Agency, the Centers for Disease Control and \nPrevention. the Food and Drug Administration, or any other relevant \nFederal Government entity. To the extent practicable, in carrying out \nthis section, the President shall promote coordination between the \nrelevant Federal agencies, the private sector, and individuals and \norganizations with appropriate expertise including expertise in public \nhealth, entomology, arbovirology, and veterinary health.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, such sums as may be necessary \nfor each of fiscal years 2003 through 2007.''.","summary":"West Nile Virus and Arboviral Disease Act - Amends the Public Health Service Act to establish a temporary program for West Nile Virus and related arboviral diseases, which may include grants by the Secretary of Health and Human Services to States for the prevention and control of such diseases. Directs grant funds to be used for: (1) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans. And (2) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases. Includes a 50 percent matching requirement for such grants. Requires 85 percent of grant funds to any State to be expended locally. Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention and with appropriate consultation, to develop a plan, together with standard operating procedures, to serve as a guideline for State and local mosquito control programs. Sets forth elements that such plan should include, including programs to: (1) identify new human cases of disease. And (2) provide laboratory support for testing. Sets a termination date of September 30, 2004, for the temporary program. Directs the President to expand, intensify, and enhance research for various activities, including to: (1) identify and develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences. And (2) develop rapid screening tools for West Nile Virus in blood or organs.","title":"A bill to amend the Public Health Service Act to provide grants for the operation of enhanced mosquito control programs to prevent and control mosquito-borne diseases.","text_len":11684,"sum_len":1570} {"bill_id":"109_hr1402","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Paul Wellstone Mental Health \nEquitable Treatment Act of 2005''.\n\nSEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF \n 1974.\n\n (a) In General.--Section 712 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1185a) is amended to read as follows:\n\n``SEC. 712. MENTAL HEALTH PARITY.\n\n ``(a) In General.--In the case of a group health plan (or health \ninsurance coverage offered in connection with such a plan) that \nprovides both medical and surgical benefits and mental health benefits, \nsuch plan or coverage shall not impose any treatment limitations or \nfinancial requirements with respect to the coverage of benefits for \nmental illnesses unless comparable treatment limitations or financial \nrequirements are imposed on medical and surgical benefits.\n ``(b) Construction.--\n ``(1) In general.--Nothing in this section shall be \n construed as requiring a group health plan (or health insurance \n coverage offered in connection with such a plan) to provide any \n mental health benefits.\n ``(2) Medical management of mental health benefits.--\n Consistent with subsection (a), nothing in this section shall \n be construed to prevent the medical management of mental health \n benefits, including through concurrent and retrospective \n utilization review and utilization management practices, \n preauthorization, and the application of medical necessity and \n appropriateness criteria applicable to behavioral health and \n the contracting and use of a network of participating \n providers.\n ``(3) No requirement of specific services.--Nothing in this \n section shall be construed as requiring a group health plan (or \n health insurance coverage offered in connection with such a \n plan) to provide coverage for specific mental health services, \n except to the extent that the failure to cover such services \n would result in a disparity between the coverage of mental \n health and medical and surgical benefits.\n ``(c) Small Employer Exemption.--\n ``(1) In general.--This section shall not apply to any \n group health plan (and group health insurance coverage offered \n in connection with a group health plan) for any plan year of \n any employer who employed an average of at least 2 but not more \n than 50 employees on business days during the preceding \n calendar year.\n ``(2) Application of certain rules in determination of \n employer size.--For purposes of this subsection--\n ``(A) Application of aggregation rule for \n employers.--Rules similar to the rules under \n subsections (b), (c), (m), and (o) of section 414 of \n the Internal Revenue Code of 1986 shall apply for \n purposes of treating persons as a single employer.\n ``(B) Employers not in existence in preceding \n year.--In the case of an employer which was not in \n existence throughout the preceding calendar year, the \n determination of whether such employer is a small \n employer shall be based on the average number of \n employees that it is reasonably expected such employer \n will employ on business days in the current calendar \n year.\n ``(C) Predecessors.--Any reference in this \n paragraph to an employer shall include a reference to \n any predecessor of such employer.\n ``(d) Separate Application to Each Option Offered.--In the case of \na group health plan that offers a participant or beneficiary two or \nmore benefit package options under the plan, the requirements of this \nsection shall be applied separately with respect to each such option.\n ``(e) In-Network and Out-of-Network Rules.--In the case of a plan \nor coverage option that provides in-network mental health benefits, \nout-of-network mental health benefits may be provided using treatment \nlimitations or financial requirements that are not comparable to the \nlimitations and requirements applied to medical and surgical benefits \nif the plan or coverage provides such in-network mental health benefits \nin accordance with subsection (a) and provides reasonable access to in-\nnetwork providers and facilities.\n ``(f) Definitions.--For purposes of this section--\n ``(1) Financial requirements.--The term `financial \n requirements' includes deductibles, coinsurance, co-payments, \n other cost sharing, and limitations on the total amount that \n may be paid by a participant or beneficiary with respect to \n benefits under the plan or health insurance coverage and shall \n include the application of annual and lifetime limits.\n ``(2) Medical or surgical benefits.--The term `medical or \n surgical benefits' means benefits with respect to medical or \n surgical services, as defined under the terms of the plan or \n coverage (as the case may be), but does not include mental \n health benefits.\n ``(3) Mental health benefits.--The term `mental health \n benefits' means benefits with respect to services, as defined \n under the terms and conditions of the plan or coverage (as the \n case may be), for all categories of mental health conditions \n listed in the Diagnostic and Statistical Manual of Mental \n Disorders, Fourth Edition (DSM IV-TR), or the most recent \n edition if different than the Fourth Edition, if such services \n are included as part of an authorized treatment plan that is in \n accordance with standard protocols and such services meet the \n plan or issuer's medical necessity criteria.\n ``(4) Treatment limitations.--The term `treatment \n limitations' means limitations on the frequency of treatment, \n number of visits or days of coverage, or other similar limits \n on the duration or scope of treatment under the plan or \n coverage.''.\n (b) Clerical Amendment.--The table of contents in section 1 of such \nAct is amended by striking the item relating to section 712 and \ninserting the following new item:\n\n``Sec. 712. Mental health parity.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to plan years beginning on or after January 1, 2006.\n\nSEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE \n GROUP MARKET.\n\n (a) In General.--Section 2705 of the Public Health Service Act (42 \nU.S.C. 300gg-5) is amended to read as follows:\n\n``SEC. 2705. MENTAL HEALTH PARITY.\n\n ``(a) In General.--In the case of a group health plan (or health \ninsurance coverage offered in connection with such a plan) that \nprovides both medical and surgical benefits and mental health benefits, \nsuch plan or coverage shall not impose any treatment limitations or \nfinancial requirements with respect to the coverage of benefits for \nmental illnesses unless comparable treatment limitations or financial \nrequirements are imposed on medical and surgical benefits.\n ``(b) Construction.--\n ``(1) In general.--Nothing in this section shall be \n construed as requiring a group health plan (or health insurance \n coverage offered in connection with such a plan) to provide any \n mental health benefits.\n ``(2) Medical management of mental health benefits.--\n Consistent with subsection (a), nothing in this section shall \n be construed to prevent the medical management of mental health \n benefits, including through concurrent and retrospective \n utilization review and utilization management practices, \n preauthorization, and the application of medical necessity and \n appropriateness criteria applicable to behavioral health and \n the contracting and use of a network of participating \n providers.\n ``(3) No requirement of specific services.--Nothing in this \n section shall be construed as requiring a group health plan (or \n health insurance coverage offered in connection with such a \n plan) to provide coverage for specific mental health services, \n except to the extent that the failure to cover such services \n would result in a disparity between the coverage of mental \n health and medical and surgical benefits.\n ``(c) Small Employer Exemption.--\n ``(1) In general.--This section shall not apply to any \n group health plan (and group health insurance coverage offered \n in connection with a group health plan) for any plan year of \n any employer who employed an average of at least 2 but not more \n than 50 employees on business days during the preceding \n calendar year.\n ``(2) Application of certain rules in determination of \n employer size.--For purposes of this subsection--\n ``(A) Application of aggregation rule for \n employers.--Rules similar to the rules under \n subsections (b), (c), (m), and (o) of section 414 of \n the Internal Revenue Code of 1986 shall apply for \n purposes of treating persons as a single employer.\n ``(B) Employers not in existence in preceding \n year.--In the case of an employer which was not in \n existence throughout the preceding calendar year, the \n determination of whether such employer is a small \n employer shall be based on the average number of \n employees that it is reasonably expected such employer \n will employ on business days in the current calendar \n year.\n ``(C) Predecessors.--Any reference in this \n paragraph to an employer shall include a reference to \n any predecessor of such employer.\n ``(d) Separate Application to Each Option Offered.--In the case of \na group health plan that offers a participant or beneficiary two or \nmore benefit package options under the plan, the requirements of this \nsection shall be applied separately with respect to each such option.\n ``(e) In-Network and Out-of-Network Rules.--In the case of a plan \nor coverage option that provides in-network mental health benefits, \nout-of-network mental health benefits may be provided using treatment \nlimitations or financial requirements that are not comparable to the \nlimitations and requirements applied to medical and surgical benefits \nif the plan or coverage provides such in-network mental health benefits \nin accordance with subsection (a) and provides reasonable access to in-\nnetwork providers and facilities.\n ``(f) Definitions.--For purposes of this section--\n ``(1) Financial requirements.--The term `financial \n requirements' includes deductibles, coinsurance, co-payments, \n other cost sharing, and limitations on the total amount that \n may be paid by a participant, beneficiary or enrollee with \n respect to benefits under the plan or health insurance coverage \n and shall include the application of annual and lifetime \n limits.\n ``(2) Medical or surgical benefits.--The term `medical or \n surgical benefits' means benefits with respect to medical or \n surgical services, as defined under the terms of the plan or \n coverage (as the case may be), but does not include mental \n health benefits.\n ``(3) Mental health benefits.--The term `mental health \n benefits' means benefits with respect to services, as defined \n under the terms and conditions of the plan or coverage (as the \n case may be), for all categories of mental health conditions \n listed in the Diagnostic and Statistical Manual of Mental \n Disorders, Fourth Edition (DSM IV-TR), or the most recent \n edition if different than the Fourth Edition, if such services \n are included as part of an authorized treatment plan that is in \n accordance with standard protocols and such services meet the \n plan or issuer's medical necessity criteria.\n ``(4) Treatment limitations.--The term `treatment \n limitations' means limitations on the frequency of treatment, \n number of visits or days of coverage, or other similar limits \n on the duration or scope of treatment under the plan or \n coverage.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to plan years beginning on or after January 1, 2006.\n\nSEC. 4. PREEMPTION.\n\n Nothing in the amendments made by this Act shall be construed to \npreempt any provision of State law, with respect to health insurance \ncoverage offered by a health insurance issuer in connection with a \ngroup health plan, that provides protections to enrollees that are \ngreater than the protections provided under such amendments. Nothing in \nthe amendments made by this Act shall be construed to affect or modify \nsection 514 of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1144).\n\nSEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.\n\n (a) Study.--The Comptroller General shall conduct a study that \nevaluates the effect of the implementation of the amendments made by \nthis Act on the cost of health insurance coverage, access to health \ninsurance coverage (including the availability of in-network \nproviders), the quality of health care, and other issues as determined \nappropriate by the Comptroller General. Such study also shall include \nan estimation of the costs of extending the provisions of such \namendments to treatment of substance abuse and chemical dependency.\n (b) Report.--Not later than 2 years after the date of enactment of \nthis Act, the Comptroller General shall prepare and submit to the \nappropriate committees of Congress a report containing the results of \nthe study conducted under subsection (a).","summary":"Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care. And (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.","title":"To provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits.","text_len":14317,"sum_len":1202} {"bill_id":"111_hr6211","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Back and Spinal Therapy \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) One in five members of the Armed Forces who were \n wounded and evacuated from Afghanistan during the summer and \n early fall of 2009 suffered a spinal injury, and at least 14 of \n such members were left paralyzed or with loss of sensation.\n (2) In Afghanistan, members of the Armed Forces routinely \n carry up to 33 percent more than the suggested maximum weight \n and up to nearly 75 percent of a member's own body weight--\n routinely hefting combat gear that can exceed 120 pounds, \n causing large numbers of spinal, back, and musculoskeletal \n injuries and pain.\n (3) The use of massive improvised explosive devices by \n insurgents against heavily armed mine resistant ambush \n protected vehicles has significantly increased the number of \n spinal, back, and musculoskeletal injuries and pain.\n (4) Advances in both body armor protection and medical \n treatment have drastically decreased the number of deaths among \n deployed members of the Armed Forces, but there has been an \n increase in the number of members with spinal, back, and \n musculoskeletal injuries and long-term pain.\n (5) Members of the Armed Forces returning from Iraq are \n more likely to suffer lingering, debilitating injuries from \n back and musculoskeletal pain than from battle wounds, \n according to statistics compiled by the Secretary of Veterans \n Affairs.\n (6) Diagnoses of ruptured spinal discs, compressed discs, \n degenerative disc disease, and myofascial pain syndrome are \n common in members of the Armed Forces returning from \n Afghanistan and Iraq.\n (7) Spinal and back injuries are the most expensive \n musculoskeletal disorder to treat.\n (8) Certain facilities of the Department of Veterans \n Affairs offer outstanding non-invasive technologies for \n treating spinal, back, and musculoskeletal injuries as well as \n any accompanying mental health issues.\n (9) Traditional medical approaches to spinal, back, and \n musculoskeletal injuries typically involve a combination of \n long-term medication, surgery, and short-term physical therapy.\n (10) Using non-invasive techniques to treat veterans with \n spinal, back, and musculoskeletal injuries can improve the \n health outcomes for such veterans and drastically reduce the \n long-term costs of care for such veterans by breaking the cycle \n of expensive surgery followed by long-term pain medication that \n often leads to addiction, depression, anxiety, and weight gain.\n (11) Non-invasive techniques that are not widely available \n in medical facilities of the Department of Veterans Affairs, \n including manual physical therapy, core strengthening and \n stabilization therapy, water exercise therapy, group exercise \n therapy, and pain management therapy, should be evaluated in an \n evidence-based medicine framework to assess their \n effectiveness.\n\nSEC. 3. PILOT PROGRAM TO PROVIDE VETERANS WITH NON-INVASIVE TECHNIQUES \n FOR SPINAL, BACK, AND MUSCULOSKELETAL INJURIES.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall \nestablish a pilot program to--\n (1) provide covered veterans with non-invasive techniques \n to treat spinal, back, and musculoskeletal injuries and pain; \n and\n (2) use an evidence-based medicine framework to assess the \n effectiveness of such non-invasive techniques.\n (b) Scope.--\n (1) Size.--The pilot program shall include a representative \n sample of covered veterans that is of sufficient size for the \n Secretary to determine--\n (A) the effectiveness and feasibility of providing \n veterans with non-invasive techniques to treat spinal, \n back, and musculoskeletal injuries and pain; and\n (B) the unique considerations that exist with \n respect to providing such treatment--\n (i) to female veterans;\n (ii) to veterans of various ages; and\n (iii) to veterans located in various \n regions of the United States, including both \n urban and rural locations.\n (2) Preference.--In selecting covered veterans to \n participate in the pilot program, the Secretary shall give \n preference to covered veterans who served in Operation Enduring \n Freedom, Operation Iraqi Freedom, or Operation New Dawn.\n (c) Administration.--In administering the pilot program, the \nSecretary shall--\n (1) determine the type of non-invasive technique to provide \n to a covered veteran;\n (2) determine the effect of allowing self-referral by a \n veteran to receive non-invasive techniques compared with \n requiring a veteran to receive a referral from a physician for \n non-invasive techniques; and\n (3) ensure the use of telehealth technology to provide \n covered veterans who reside in rural locations (as determined \n by the Secretary) with non-invasive techniques to treat spinal, \n back, and musculoskeletal injuries and pain.\n (d) Partnership.--\n (1) University.--In administering the pilot program, the \n Secretary shall seek to enter into an agreement with a \n university affiliated with the Department of Veterans Affairs \n to carry out the pilot program.\n (2) Selection.--In entering into an agreement with a \n university under paragraph (1), the Secretary shall ensure that \n the individuals who treat covered veterans with non-invasive \n techniques for spinal, back, and musculoskeletal injuries and \n pain--\n (A) are trained to--\n (i) effectively treat such veterans; and\n (ii) recognize the unique experiences of \n such veterans, including experiences related to \n serving in Operation Enduring Freedom, \n Operation Iraqi Freedom, or Operation New Dawn; \n and\n (B) use best practices and technologies with \n respect to the non-invasive technique being used to \n treat such veterans.\n (e) Duration.--The pilot program shall begin not later than March \n1, 2011, and shall continue for two years.\n (f) Reports.--\n (1) Initial report.--Not later than June 1, 2012, the \n Secretary shall submit to the Committee on Veterans' Affairs of \n the House of Representatives and the Committee on Veterans' \n Affairs of the Senate a report on the pilot program, \n including--\n (A) an analysis of the effectiveness and cost-\n effectiveness of each non-invasive technique provided \n under the pilot program;\n (B) an analysis of how the Secretary would \n incorporate non-invasive techniques to treat spinal, \n back, and musculoskeletal injuries and pain at medical \n facilities of the Department of Veterans Affairs;\n (C) the amount of cost-savings, if any, created by \n providing veterans with non-invasive techniques to \n treat spinal, back, and musculoskeletal injuries and \n pain;\n (D) a comparison of the non-invasive techniques \n provided under the pilot program with other methods \n used by the Secretary to treat spinal, back, and \n musculoskeletal injuries and pain; and\n (E) recommendations of the Secretary with respect \n to--\n (i) continuing or expanding the pilot \n program; and\n (ii) any legislation or other actions to \n improve treating veterans with spinal, back, \n and musculoskeletal injuries and pain.\n (2) Final report.--Not later than June 1, 2013, the \n Secretary shall submit to the Committee on Veterans' Affairs of \n the House of Representatives and the Committee on Veterans' \n Affairs of the Senate a report containing updated information \n to the report submitted under paragraph (1).\n (g) Definitions.--In this section:\n (1) The term ``covered veteran'' means a veteran who--\n (A) has a service-connected spinal, back, or \n musculoskeletal injury; or\n (B) is eligible for hospital care, medical \n services, and nursing home care by virtue of section \n 1710(e)(1)(D) of title 38, United States Code.\n (2) The term ``non-invasive techniques'' means methods of \n treatment for spinal, back, and musculoskeletal injuries and \n pain other than surgery, including--\n (A) manual physical therapy, core strengthening and \n stabilization therapy, water exercise therapy, group \n exercise therapy, and pain management therapy;\n (B) such methods (including recreational therapy) \n used by the War Related Illness and Injury Study Center \n of the Department of Veterans Affairs located in Palo \n Alto, California, and the mindfulness based stress \n reduction program of the Puget Sound Health Care System \n of the Department of Veterans Affairs that the \n Secretary determines to have been successful; and\n (C) such other methods not widely available in \n medical facilities of the Department of Veterans \n Affairs.","summary":"Veterans Back and Spinal Therapy Act - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program to: (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain. And (2) use an evidence-based medicine framework to assess the effectiveness of such techniques. Includes as a covered veteran one who: (1) has a service-connected spinal, back, or musculoskeletal injury. Or (2) is eligible for VA hospital or nursing home care or medical services by reason of active duty in a theater of combat operations during a period of war after the Persian Gulf War. Requires the Secretary, in selecting program participants, to give a preference to veterans who served in Operations Enduring Freedom, Iraqi Freedom, or New Dawn.","title":"To direct the Secretary of Veterans Affairs to establish a pilot program to evaluate the effectiveness of treating veterans with spinal, back, and musculoskeletal injuries and pain using non-invasive techniques.","text_len":10352,"sum_len":801} {"bill_id":"104_s1435","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Volunteer Protection Act of 1995''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds and declares that--\n (1) the willingness of volunteers to offer their services \n is deterred by potential for liability actions against them and \n the organizations they serve;\n (2) as a result, many nonprofit public and private \n organizations and governmental entities, including voluntary \n associations, social service agencies, educational \n institutions, and other civic programs, have been adversely \n affected by the withdrawal of volunteers from boards of \n directors and service in other capacities;\n (3) the contribution of these programs to their communities \n is thereby diminished, resulting in fewer and higher cost \n programs than would be obtainable if volunteers were \n participating; and\n (4) because Federal funds are expended on useful and cost-\n effective social service programs, many of which are national \n in scope, depend heavily on volunteer participation, and \n represent some of the most successful public-private \n partnerships, protection of volunteerism through clarification \n and limitation of the personal liability risks assumed by the \n volunteer in connection with such participation is an \n appropriate subject for Federal legislation.\n (b) Purpose.--The purpose of this Act is to promote the interests \nof social service program beneficiaries and taxpayers and to sustain \nthe availability of programs, nonprofit organizations, and governmental \nentities that depend on volunteer contributions by reforming the laws \nto provide protection from personal financial liability to volunteers \nserving nonprofit organizations and governmental entities for actions \nundertaken in good faith on behalf of such organizations.\n\nSEC. 3. PREEMPTION.\n\n This Act preempts the laws of any State to the extent that such \nlaws are inconsistent with this Act, except that this Act shall not \npreempt any State law that provides additional incentives or \nprotections to volunteers, or category of volunteers.\n\nSEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.\n\n (a) Liability Protection for Volunteers.--Except as provided in \nsubsections (b) and (d), no volunteer of a nonprofit organization or \ngovernmental entity shall be liable for harm caused by an act or \nomission of the volunteer on behalf of the organization or entity if--\n (1) the volunteer was acting within the scope of his or her \n responsibilities in the nonprofit organization or governmental \n entity at the time of the act or omission;\n (2) if appropriate or required, the volunteer was properly \n licensed, certified, or authorized by the appropriate \n authorities for the activities or practice in the State \n undertaken within the scope of his or her responsibilities in \n the nonprofit organization or governmental entity; and\n (3) the harm was not caused by willful and wanton \n misconduct by the volunteer.\n (b) Concerning Responsibility of Volunteers With Respect to \nOrganizations.--Nothing in this section shall be construed to affect \nany civil action brought by any nonprofit organization or any \ngovernmental entity against any volunteer of such organization or \nentity.\n (c) No Effect on Liability of Organization.--Nothing in this \nsection shall be construed to affect the liability of any nonprofit \norganization or governmental entity with respect to harm caused to any \nperson.\n (d) Exceptions to Volunteer Liability Protection.--If the laws of a \nState limit volunteer liability subject to one or more of the following \nconditions, such conditions shall not be construed as inconsistent with \nthis Act:\n (1) A State law that requires the organization or entity to \n adhere to risk management procedures, including mandatory \n training of volunteers.\n (2) A State law that makes the organization or entity \n liable for the acts or omissions of its volunteers to the same \n extent as an employer is liable for the acts or omissions of \n its employees.\n (3) A State law that the limitation of liability does not \n apply if the volunteer was operating a motor vehicle, vessel, \n aircraft, or other vehicle for which the State requires the \n operator or vehicle owner to possess an operator's license or \n to maintain insurance.\n (4) A State law that the limitation of liability does not \n apply if the civil action was brought by an officer of a State \n or local government pursuant to State or local law.\n (5) A State law that the limitation of liability shall \n apply only if the nonprofit organization or governmental entity \n provides a financially secure source of recovery for \n individuals who suffer harm as a result of actions taken by a \n volunteer on behalf of the organization or entity. A \n financially secure source of recovery may be an insurance \n policy within specified limits, comparable coverage from a risk \n pooling mechanism, equivalent assets, or alternative \n arrangements that satisfy the State that the entity will be \n able to pay for losses up to a specified amount. Separate \n standards for different types of liability exposure may be \n specified.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``economic losses'' means objectively \n verifiable monetary losses, including past and future medical \n expenses, loss of past and future earnings, cost of obtaining \n replacement services in the home (including child care, \n transportation, food preparation, and household care), cost of \n making reasonable accommodations to a personal residence, loss \n of employment, and loss of business or employment \n opportunities;\n (2) the term ``harm'' includes physical, nonphysical, \n economic, and noneconomic losses;\n (3) the term ``noneconomic losses'' means losses for \n physical and emotional pain, suffering, inconvenience, physical \n impairment, mental anguish, disfigurement, loss of enjoyment of \n life, loss of society and companionship, loss of consortium \n (other than loss of domestic service), hedonic damages, injury \n to reputation and all other nonpecuniary losses of any kind or \n nature;\n (4) the term ``nonprofit organization'' means any \n organization described in section 501(c) of the Internal \n Revenue Code of 1986 and exempt from tax under section 501(a) \n of such Code;\n (5) the term ``State'' means each of the several States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n Virgin Islands, Guam, American Samoa, the Northern Mariana \n Islands, any other territory or possession of the United \n States, or any political subdivision of any such State, \n territory, or possession; and\n (6) the term ``volunteer'' means an individual performing \n services for a nonprofit organization or a governmental entity \n who does not receive--\n (A) compensation (other than reimbursement or \n allowance for expenses actually incurred); or\n (B) any other thing of value in lieu of \n compensation,\n in excess of $300 per year, and such term includes a volunteer \n serving as a director, officer, trustee, or direct service \n volunteer.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act applies to any claim for harm caused by an act or omission \nof a volunteer filed on or after the date of enactment of this Act, \nwithout regard to whether the harm that is the subject of the claim or \nthe conduct that caused the harm occurred before such date of \nenactment.","summary":"Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity.","title":"Volunteer Protection Act of 1995","text_len":8188,"sum_len":336} {"bill_id":"103_hr1956","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Minimum Tax Reform \nAct of 1993''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. DEPRECIATION ADJUSTMENT USED IN COMPUTING ALTERNATIVE MINIMUM \n TAXABLE INCOME.\n\n (a) 150-Percent Declining Balance Method.--\n (1) In general.--Paragraph (1) of section 56(a) (relating \n to depreciation) is amended to read as follows:\n ``(1) Depreciation.--\n ``(A) 150-percent declining balance method.--\n ``(i) In general.--In the case of property \n not described in clause (ii), the depreciation \n deduction allowable under section 167 shall be \n determined as provided in section 168(a), \n except that the applicable depreciation method \n under section 168(a)(1) shall be--\n ``(I) the 150-percent declining \n balance method (200-percent declining \n balance method in the case of computer \n or peripheral equipment (as defined in \n section 168(i)(2)(B)),\n ``(II) switching to the straight \n line method for the 1st taxable year \n for which using the straight line \n method with respect to the adjusted \n basis as of the beginning of the year \n will yield a higher allowance.\n ``(ii) Property not using 150-percent \n method.--Property described in this clause is \n section 1250 property (as defined in section \n 1250(c)) or any other property if the \n depreciation deduction determined under section \n 168 with respect to such other property for \n purposes of the regular tax is determined by \n using the straight line method.\n ``(B) Normalization rules.--With respect to public \n utility property described in section 168(i)(10), the \n Secretary shall prescribe the requirements of a \n normalization method of accounting for this section.''.\n (2) No adjustment for adjusted current earnings system.--\n Clause (i) of section 56(g)(4)(A) (relating to depreciation \n adjustments for computing adjusted current earnings) is amended \n by adding at the end the following new sentence: ``The \n preceding sentence shall not apply to property placed in \n service in taxable years beginning after December 31, 1992, and \n the depreciation deduction with respect to such property shall \n be determined under the rules of subsection (a)(1)(A).''.\n (b) Exception for Environmental Property.--\n (1) In general.--Section 56(a)(1) (relating to depreciation \n adjustments), as amended by subsection (a)(1), is amended by \n adding at the end the following new subparagraph:\n ``(C) Environmental improvement assets.--This \n paragraph shall not apply to environmental improvement \n assets (as defined in section 59(k)).''.\n (2) Environmental improvement assets.--Section 59 (relating \n to definition and special rules) is amended by adding at the \n end the following new subsection:\n ``(k) Environmental Improvement Assets.--\n ``(1) In general.--For purposes of section 56(a)(1)(B), the \n term `environmental improvement asset' means tangible property \n which is--\n ``(A) of a character subject to the allowance for \n depreciation provided in section 167;\n ``(B) used for, or is functionally related to \n property used for, one or more of the following \n purposes--\n ``(i) source reduction,\n ``(ii) solid waste minimization,\n ``(iii) waste conversion or recycling,\n ``(iv) reduction of environmental hazards,\n ``(v) compliance with environmental \n permits, rules, and similar requirements, \n including requirements with respect to noise \n pollution such as the reduction of aircraft \n noise level to stage 3 noise level (as defined \n in 14 CFR Sec. 36.1(f)(5)),\n ``(vi) prevention, containment or control \n of unplanned releases, or\n ``(vii) the manufacture, distribution and \n sale of alternate fuels and blending stocks or \n fuel additives for reformulated fuels, and\n ``(C) except in the case of property used for the \n reduction of aircraft noise levels described in \n subparagraph (B)(v), located and used exclusively in \n the United States during the taxable year.\n If only a portion of property described in subparagraphs (A) \n and (C) is described in subparagraph (B), such portion shall be \n treated as an environmental improvement asset.\n ``(2) Other definitions.--For purposes of this subsection--\n ``(A) Source reduction.--The term `source \n reduction' means reduction of the amount of regulated \n substances or other pollutants from fixed or mobile \n sources released into the environment if such reduction \n reduces hazards to public health or environment.\n ``(B) Solid waste minimization.--The term `solid \n waste minimization' means the reduction in the \n generation of, or the recovery of commercially usable \n products from, residual materials which are classified \n as, or which if disposed would be classified as, solid \n wastes (within the meaning of the Resource Conservation \n and Recovery Act).\n ``(C) Waste conversion or recycling.--The term \n `waste conversion or recycling' means the processing or \n conversion of liquid, solid, or gaseous wastes into \n fuel, energy, or other commercially usable products, \n and the production of such products if production \n occurs at the same facility as the conversion.\n ``(D) Abatement of environmental hazards.--The term \n `abatement of environmental hazards' includes the \n abatement, reduction, monitoring, or stabilization of \n potential human exposure to toxic chemicals, hazardous \n or extremely hazardous substances, or harmful \n radiation.\n ``(E) Unplanned releases.--The term `unplanned \n releases' means any release of regulated substances \n (except federally permitted releases), including indoor \n releases.\n ``(F) Regulated substance.--The term `regulated \n substance' includes any substance the release or \n emission of which is prohibited, limited, or regulated \n by Federal or State law or by Federal regulations (as \n determined without regard to whether a particular \n release would have been prohibited or limited).\n ``(G) Release.--The term `release' means any \n spilling, leaking, pouring, discharging, escaping, \n dumping, or disposing into the environment, including \n the abandonment or discarding of barrels or other \n closed receptacles.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service in taxable years beginning after \nDecember 31, 1992.\n\nSEC. 3. PRE-1993 MINIMUM TAX ALLOWED AS CREDIT AGAINST MINIMUM TAX FOR \n CERTAIN TAXPAYERS.\n\n (a) In General.--Section 53(c) (relating to limitation) is amended \nby adding at the end the following new paragraph:\n ``(2) Special rule for certain taxpayers with pre-1993 \n unused minimum tax credits.--\n ``(A) In general.--If a taxpayer had an unused \n minimum tax credit for at least 3 of the taxable years \n in the testing period, then, subject to the limitation \n of subparagraph (B), the limitation under paragraph (1) \n for any taxable year following the testing period shall \n in no event be less than 50 percent of the excess (if \n any) of--\n ``(I) the tentative minimum tax for \n such taxable year, over\n ``(II) the sum of the credits \n allowable under subparts A, B, D, E, \n and F of this part.\n ``(B) Limitation.--\n ``(i) In general.--The aggregate increases \n in the limitation under paragraph (1) by reason \n of subparagraph (A) shall not exceed the pre-\n 1993 unused minimum tax credits.\n ``(ii) Ordering rule.--For purposes of \n clause (i), any credit under subsection (a) for \n taxable years following the testing period \n shall be treated as allocated to pre-1993 \n unused minimum tax credits until such credits \n are used up.\n ``(C) Definitions.--For purposes of this \n paragraph--\n ``(i) Testing period.--The term `testing \n period' means the 5-taxable year period ending \n with the taxpayer's last taxable year beginning \n in 1992.\n ``(ii) Pre-1993 unused minimum tax \n credits.--The term `pre-1993 unused minimum tax \n credits' means the credits allowable under \n subsection (a) remaining unused as of the close \n of the testing period.''.\n (b) Conforming Amendments.--Section 53(c) (as in effect before the \namendment made by subsection (a)) is amended--\n (1) by striking ``The'' and inserting:\n ``(1) In general.--Except as provided in paragraph (2), \n the'', and\n (2) by redesignating paragraphs (1) and (2) as \n subparagraphs (A) and (B).\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1992.\n\nSEC. 4. ALLOWANCE OF GENERAL BUSINESS CREDIT AGAINST PORTION OF MINIMUM \n TAX.\n\n (a) In General.--Subparagraph (A) of section 38(c)(1) (relating to \nlimitation based on amount of tax) is amended by inserting ``75 percent \nof'' before ``the tentative minimum tax''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 1992.","summary":"Minimum Tax Reform Act of 1993 - Amends the Internal Revenue Code to revise adjustments in computing alternative minimum taxable income and allow companies to use the 150-percent declining balance method to compute depreciation, except for environmental assets. Allow s a 200 percent declining balance method in the case of computer or peripheral equipment. Allows companies to use pre-1993 minimum tax credits against alternative tax liability for up to 50 percent of that liability, with limitations. Allows businesses to reduce up to 25 percent of their minimum tax liabilty with general business credits.","title":"Minimum Tax Reform Act of 1993","text_len":12057,"sum_len":608} {"bill_id":"106_s1250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Long-Term Care Enhancement \nAct of 1999''.\n\nSEC. 2. CONTINUUM OF CARE FOR VETERANS.\n\n (a) Inclusion of Noninstitutional Extended Care Services in \nDefinition of Medical Services.--Section 1701 of title 38, United \nStates Code, is amended--\n (1) in paragraph (6)(A)(i), by inserting ``noninstitutional \n extended care services,'' after ``preventive health \n services,''; and\n (2) by adding at the end the following new paragraphs:\n ``(10) The term `noninstitutional extended care services' \n includes--\n ``(A) home-based primary care;\n ``(B) adult day health care;\n ``(C) respite care;\n ``(D) palliative and end-of-life care; and\n ``(E) homemaker or home health aide visits.\n ``(11) The term `respite care' means hospital or nursing \n home care which--\n ``(A) is of limited duration;\n ``(B) is furnished on an intermittent basis to an \n individual who is suffering from a chronic illness and \n who resides primarily at home; and\n ``(C) is furnished for the purpose of helping the \n individual to continue residing primarily at home.''.\n (b) Assisted Living.--Subchapter II of chapter 17 of such title is \namended by adding at the end the following new section:\n``Sec. 1720F. Assisted living\n ``(a) The Secretary may, subject to subsection (b), provide \nassisted living services to a veteran who is eligible to receive care \nunder section 1710 of this title and to the spouse of such veteran in \nconnection with the provision of such services to such veteran.\n ``(b) The Secretary may not provide assisted living services under \nthis section to a veteran eligible to receive care under section \n1710(a)(3) of this title, or to a spouse of any veteran, unless such \nveteran or spouse agrees to pay the United States an amount equal to \nthe cost, as determined in regulations prescribed by the Secretary, of \nthe provision of such services.\n ``(c) For purposes of this section, the term `assisted living \nservices' means services which provide personal care, activities, \nhealth-related care, supervision, and other assistance on a 24-hour \nbasis within a residential or similar setting which--\n ``(1) maximizes flexibility in the provision of such care, \n activities, supervision, and assistance;\n ``(2) maximizes the autonomy, privacy, and independence of \n an individual; and\n ``(3) encourages family and community involvement with the \n individual.''.\n (c) Conforming Amendments.--(1)(A) Section 1720 of such title is \namended by striking subsection (f).\n (B) The section heading of such section is amended by striking ``; \nadult day health care''.\n (2) Section 1720B of such title is repealed.\n (d) Clerical Amendments.--The table of sections for chapter 17 of \nsuch title is amended--\n (1) in the item relating to section 1720, by striking ``; \n adult day health care'';\n (2) by striking the item relating to section 1720B; and\n (3) by inserting after the item relating to section 1720E \n the following new item:\n\n``1720F. Assisted living.''.\n\nSEC. 3. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF VETERANS.\n\n (a) In General.--The Secretary of Veterans Affairs shall carry out \nthree pilot programs for the purpose of determining the feasibility and \npracticability of a variety of methods of meeting the long-term care \nneeds of eligible veterans. The pilot programs shall be carried out in \naccordance with the provisions of this section.\n (b) Locations of Pilot Programs.--(1) Each pilot program under this \nsection shall be carried out at two Veterans Integrated Service \nNetworks (VISNs) selected by the Secretary for purposes of this \nsection.\n (2) The Secretary may not carry out more than one pilot program in \nany given Veterans Integrated Service Network.\n (c) Scope of Services Under Pilot Programs.--(1) The services \nprovided under the pilot programs under this section shall include a \ncomprehensive array of health care services and other services that \nmeet the long-term care needs of veterans, including--\n (A) inpatient long-term care in intermediate care beds, in \n nursing homes, and in domiciliary care facilities;\n (B) noninstitutional long-term care, including hospital-\n based primary care, adult day care, personal assistance \n services, respite care, and other community-based interventions \n and care; and\n (C) assisted living services for veterans and their \n families.\n (2) As part of the provision of services under the pilot programs, \nthe Secretary shall also provide appropriate case management services.\n (3) In providing services under the pilot programs, the Secretary \nshall emphasize the provision of preventive care services, including \nscreening and education.\n (d) Direct Provision of Services.--Under one of the pilot programs \nunder this section, the Secretary shall provide long-term care services \nto eligible veterans directly through facilities and personnel of the \nDepartment of Veterans Affairs.\n (e) Provision of Services Through Cooperative Arrangements.--(1) \nUnder one of the pilot programs under this section, the Secretary shall \nprovide long-term care services to eligible veterans through a \ncombination (as determined by the Secretary) of--\n (A) services provided under cooperative arrangements with \n appropriate public and private non-Governmental entities, \n including community service organizations; and\n (B) services provided through facilities and personnel of \n the Department.\n (2) The consideration provided by the Secretary for services \nprovided by entities under cooperative arrangements under paragraph \n(1)(A) shall be limited to the provision by the Secretary of \nappropriate in-kind services to such entities.\n (f) Provision of Services by Non-Department Entities.--(1) Under \none of the pilot programs under this section, the Secretary shall \nprovide long-term care services to eligible veterans through \narrangements with appropriate non-Department entities under which \narrangements the Secretary acts solely as the case manager for the \nprovision of such services.\n (2) Payment for services provided to veterans under the pilot \nprograms under this subsection shall be as follows:\n (A) By the medicare program or the medicaid program, but \n only--\n (i) if the veterans concerned are entitled to \n benefits under such programs; and\n (ii) to the extent that payment for such services \n is provided for under such programs.\n (B) By the Department, to the extent that payment for such \n services is not otherwise provided for under subparagraph (A).\n (g) Data Collection.--As part of each pilot program under this \nsection, the Secretary shall collect data regarding--\n (1) the cost-effectiveness of such program, including any \n savings achieved under such program when compared with the \n medicare program, medicaid program, or other Federal program \n serving similar populations;\n (2) the quality of the services provided under such \n program;\n (3) the satisfaction of participating veterans, non-\n Department, and non-Government entities with such program; and\n (4) the effect of such program on the ability of veterans \n to carry out basic activities of daily living over the course \n of such veterans' participation in such program.\n (h) Reports.--(1) The Secretary shall annually submit to Congress a \nreport on the pilot programs under this section.\n (2) Each report under paragraph (1) shall include the following:\n (A) A detailed description of activities under the pilot \n programs during the one-year period ending on the date of the \n report.\n (B) An evaluation of the data collected under subsection \n (g) during that period.\n (C) Any other matters regarding the programs that the \n Secretary considers appropriate.\n (i) Duration of Programs.--(1) The Secretary shall commence \ncarrying out the pilot programs required by this section not later than \n90 days after the date of the enactment of this Act.\n (2) The authority of the Secretary to provide services under the \npilot programs shall cease on the date that is three years after the \ndate of the commencement of the pilot programs under paragraph (1).\n (j) Definitions.--In this section:\n (1) The term ``eligible veteran'' means the following:\n (A) Any veteran entitled to hospital care and \n medical services under section 1710(a)(1) of title 38, \n United States Code.\n (B) Any veteran (other than a veteran described in \n subparagraph (A)) if the veteran is enrolled in the \n system of annual patient enrollment under section 1705 \n of title 38, United States Code.\n (2) The term ``long-term care needs'' means the need by an \n individual for any of the following services:\n (A) Personal care.\n (B) Nursing home and home health care services.\n (C) Habilitation and rehabilitation services.\n (D) Adult day care services.\n (E) Case management services.\n (F) Social services.\n (G) Assistive technology services.\n (H) Home and community based services, including \n assistive living.","summary":"Veterans' Long-Term Care Enhancement Act of 1999 - Includes noninstitutional extended care services within the definition of medical services authorized to be provided to eligible veterans. Authorizes the Secretary of Veterans Affairs to provide assisted living services to a veteran who is eligible to receive hospital, nursing home, and domiciliary care, and to the spouse of such veteran. Requires such veteran and spouse to agree to reimburse the United States for the cost of such care. Repeals provisions authorizing respite care for such veterans. Directs the Secretary to carry out three pilot programs to determine the feasibility and practicability of various methods of meeting the long-term care needs of eligible veterans. Requires each program to be carried out at two Veterans Integrated Service Networks. Requires services provided to include a comprehensive array of health care services and other services that meet such needs, including case management services. Directs the Secretary to emphasize the provision of preventive care services, including screening and education. Requires one pilot program to be carried out: (1) directly through facilities and personnel of the Department of Veterans Affairs. (2) through a combination of Department facilities and personnel and services provided under cooperative arrangements with public and private nongovernmental entities. And (3) through cooperative arrangements with non-Department entities. Outlines provisions concerning: (1) payment for services under the pilot programs, (2) required data collection. And (3) annual reports from the Secretary to Congress for the duration of the programs. Terminates such programs three years after their commencement.","title":"Veterans' Long-Term Care Enhancement Act of 1999","text_len":10025,"sum_len":1728} {"bill_id":"112_hr6104","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Working Families Tax Protection Act \nof 2012''.\n\nSEC. 2. EXTENSION OF 2001 TAX RELIEF FOR THE MIDDLE CLASS.\n\n (a) In General.--In the case of the provisions of the Economic \nGrowth and Tax Relief Reconciliation Act of 2001 which are specified in \nsubsection (b) (and the amendments made by such provisions), section \n901 of such Act shall be applied by substituting ``December 31, 2013'' \nfor ``December 31, 2012'' the first place it appears.\n (b) Specified EGTRRA Provisions.--The following provisions of the \nEconomic Growth and Tax Relief Reconciliation Act of 2001 are specified \nin this subsection:\n (1) Title I (relating to individual income tax rate \n reductions).\n (2) Title II (relating to tax benefits related to \n children).\n (3) Title III (relating to marriage penalty relief).\n (4) Title IV (relating to affordable education provisions).\n (c) Certain Provisions Not Applicable to High-Income Individuals.--\n (1) Individual income tax rates.--Subsection (i) of section \n 1 of the Internal Revenue Code of 1986 is amended by striking \n paragraph (2), by redesignating paragraph (3) as paragraph (4), \n and by inserting after paragraph (1) the following new \n paragraphs:\n ``(2) 25- and 28-Percent rate brackets.--The tables under \n subsections (a), (b), (c), (d), and (e) shall be applied--\n ``(A) by substituting `25%' for `28%' each place it \n appears (before the application of subparagraph (B)),\n ``(B) by substituting `28%' for `31%' each place it \n appears, and\n ``(C) by substituting `33%' for `36%' each place it \n appears.\n ``(3) 35-Percent rate bracket.--\n ``(A) In general.--In the case of taxable years \n beginning after December 31, 2012--\n ``(i) the rate of tax under subsections \n (a), (b), (c), and (d) on a taxpayer's taxable \n income in the highest rate bracket shall be 35 \n percent to the extent such income does not \n exceed an amount equal to the excess of--\n ``(I) the applicable threshold, \n over\n ``(II) the dollar amount at which \n such bracket begins, and\n ``(ii) the 39.6 percent rate of tax under \n such subsections shall apply only to the \n taxpayer's taxable income in such bracket in \n excess of the amount to which clause (i) \n applies.\n ``(B) Applicable threshold.--For purposes of this \n paragraph, the term `applicable threshold' means--\n ``(i) $500,000 in the case of subsection \n (a), and\n ``(ii) \\1\/2\\ the amount applicable under \n clause (i) in the case of subsections (b), (c), \n and (d).\n ``(C) Highest rate bracket.--For purposes of this \n paragraph, the term `highest rate bracket' means the \n bracket which would (determined without regard to this \n paragraph) be the 39.6-percent rate bracket.''.\n (2) Phaseout of personal exemptions and itemized \n deductions.--\n (A) Overall limitation on itemized deductions.--\n Section 68 of such Code is amended--\n (i) by striking ``the applicable amount'' \n the first place it appears in subsection (a) \n and inserting ``the applicable threshold in \n effect under section 1(i)(3)'',\n (ii) by striking ``the applicable amount'' \n in subsection (a)(1) and inserting ``such \n applicable threshold'',\n (iii) by striking subsection (b) and \n redesignating subsections (c), (d), and (e) as \n subsections (b), (c), and (d), respectively, \n and\n (iv) by striking subsections (f) and (g).\n (B) Phaseout of deductions for personal \n exemptions.--\n (i) In general.--Paragraph (3) of section \n 151(d) of such Code is amended--\n (I) by striking ``the threshold \n amount'' in subparagraphs (A) and (B) \n and inserting ``the applicable \n threshold in effect under section \n 1(i)(3)'',\n (II) by striking subparagraph (C) \n and redesignating subparagraph (D) as \n subparagraph (C), and\n (III) by striking subparagraphs (E) \n and (F).\n (ii) Conforming amendment.--Paragraph (4) \n of section 151(d) of such Code is amended--\n (I) by striking subparagraph (B),\n (II) by redesignating clauses (i) \n and (ii) of subparagraph (A) as \n subparagraphs (A) and (B), \n respectively, and by indenting such \n subparagraphs (as so redesignated) \n accordingly, and\n (III) by striking all that precedes \n ``in a calendar year after 1989,'' and \n inserting the following:\n ``(4) Inflation adjustment.--In the case of any taxable \n year beginning''.\n (3) Application of sunsets.--\n (A) Individual income tax rates.--Section 901 of \n the Economic Growth and Tax Relief Reconciliation Act \n of 2001 shall apply to the amendments made by paragraph \n (1) to the same extent and in the same manner as such \n section applies to the amendments made by section 101 \n of such Act.\n (B) Phaseout of personal exemptions and itemized \n deductions.--Section 901 of the Economic Growth and Tax \n Relief Reconciliation Act of 2001 shall apply to the \n amendments made by paragraph (2) to the same extent and \n in the same manner as such section applies to the \n amendments made by section 102 of such Act.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2012.\n\nSEC. 3. EXTENSION OF 2003 TAX RELIEF FOR THE MIDDLE CLASS.\n\n (a) In General.--Section 303 of the Jobs and Growth Tax Relief \nReconciliation Act of 2003 is amended by striking ``December 31, 2012'' \nand inserting ``December 31, 2013''.\n (b) Certain Provisions Not Applicable to High-Income Individuals.--\n (1) In general.--Paragraph (1) of section (1)(h) of the \n Internal Revenue Code of 1986 is amended by striking \n subparagraph (C), by redesignating subparagraphs (D) and (E) as \n subparagraphs (E) and (F) and by inserting after subparagraph \n (B) the following new subparagraphs:\n ``(C) 15 percent of the lesser of--\n ``(i) so much of the adjusted net capital \n gain (or, if less, taxable income) as exceeds \n the amount on which a tax is determined under \n subparagraph (B), or\n ``(ii) the excess (if any) of--\n ``(I) the amount of taxable income \n which would (without regard to this \n subsection) be taxed at a rate below \n 39.6 percent, over\n ``(II) the sum of the amounts on \n which tax is determined under \n subparagraphs (A) and (B),\n ``(D) 20 percent of the adjusted net capital gain \n (or, if less, taxable income) in excess of the sum of \n the amounts on which tax is determined under \n subparagraphs (B) and (C),''.\n (2) Dividends.--Subparagraph (A) of section 1(h)(11) of \n such Code is amended by striking ``qualified dividend income'' \n and inserting ``so much of the qualified dividend income as \n does not exceed the excess (if any) of--\n ``(i) the amount of taxable income which \n would (without regard to this subsection) be \n taxed at a rate below 39.6 percent, over\n ``(ii) taxable income reduced by qualified \n dividend income.''.\n (3) Minimum tax.--Section 55 of such Code is amended by \n adding at the end the following new subsection:\n ``(f) Application of Maximum Rate of Tax on Net Capital Gain of \nNoncorporate Taxpayers.--In the case of taxable years beginning after \nDecember 31, 2012, the amount determined under subparagraph (C) of \nsubsection (b)(3) shall be the sum of--\n ``(1) 15 percent of the lesser of--\n ``(A) so much of the adjusted net capital gain (or, \n if less, taxable excess) as exceeds the amount on which \n tax is determined under subparagraph (B) of subsection \n (b)(3), or\n ``(B) the excess described in section \n 1(h)(1)(C)(ii), plus\n ``(2) 20 percent of the adjusted net capital gain (or, if \n less, taxable excess) in excess of the sum of the amounts on \n which tax is determined under subsection (b)(3)(B) and \n paragraph (1).''.\n (4) Conforming amendments.--\n (A) The following provisions are amended by \n striking ``15 percent'' and inserting ``20 percent'':\n (i) Section 1445(e)(1) of the Internal \n Revenue Code of 1986.\n (ii) The second sentence of section \n 7518(g)(6)(A) of such Code.\n (iii) Section 53511(f)(2) of title 46, \n United States Code.\n (B) Sections 531 and 541 of the Internal Revenue \n Code of 1986 are each amended by striking ``15 percent \n of'' and inserting ``the product of the highest rate of \n tax under section 1(c) and''.\n (C) Section 1445(e)(6) of such Code is amended by \n striking ``15 percent (20 percent in the case of \n taxable years beginning after December 31, 2010)'' and \n inserting ``20 percent''.\n (5) Application of sunset.--Section 303 of the Jobs and \n Growth Tax Relief Reconciliation Act of 2003 shall apply to the \n amendments made by this subsection to the same extent and in \n the same manner as such section applies to the amendments made \n by title III of such Act.\n (c) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 2012.\n (2) Withholding.--The amendments made by subparagraphs \n (A)(i) and (C) of subsection (b)(4) shall apply to amounts paid \n on or after January 1, 2013.\n\nSEC. 4. EXTENSION OF 2009 TAX RELIEF.\n\n (a) American Opportunity Tax Credit.--\n (1) In general.--Section 25A(i) of the Internal Revenue \n Code of 1986 is amended by striking ``or 2012'' and inserting \n ``2012, or 2013''.\n (2) Treatment of possessions.--Section 1004(c)(1) of the \n American Recovery and Reinvestment Tax Act of 2009 is amended \n by striking ``and 2012'' each place it appears and inserting \n ``2012, and 2013''.\n (b) Child Tax Credit.--Section 24(d)(4) of the Internal Revenue \nCode of 1986 is amended--\n (1) by striking ``and 2012'' in the heading and inserting \n ``2012, and 2013'', and\n (2) by striking ``or 2012'' and inserting ``2012, or \n 2013''.\n (c) Earned Income Tax Credit.--Section 32(b)(3) of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``and 2012'' in the heading and inserting \n ``2012, and 2013'', and\n (2) by striking ``or 2012'' and inserting ``2012, or \n 2013''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2012.","summary":"Working Families Tax Protection Act of 2012 - Extends through 2013 the terminating date for provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 relating to: (1) individual income tax rate reductions, (2) tax benefits related to children and adoption, (3) reduction of the marriage penalty, and (4) education assistance. Denies such extension to taxpayers whose income exceeds $500,000. Extends through 2013 the terminating date for provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 relating to reductions in the tax rate for dividend and capital gain income. Denies such extension to taxpayers whose income is taxed at the maximum income tax rate. Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, and (3) the increased earned income tax credit percentage for three or more qualifying children.","title":"To provide a temporary extension for the middle class of certain tax relief enacted in 2001, 2003, and 2009.","text_len":13440,"sum_len":966} {"bill_id":"114_hr4938","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Free File Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The Internal Revenue Service Free File program \n (hereinafter referred to as the ``IRS Free File Program'') as \n established by the IRS pursuant to public rulemaking and set \n forth in the Federal Register, Vol. 67, No. 213, Monday, \n November 4, 2002, pages 67247-67251, and in implementing \n agreements and governing rules and requirements between the IRS \n and the tax software and electronic industry between 2003 and \n 2015, has been successful and significant in the efforts of the \n Federal Government to increase the electronic filing of \n individual income tax returns of low and moderate income \n taxpayers.\n (2) By the end of the current tax return filing season more \n than 45,000,000 Federal individual income tax returns will have \n been prepared and filed electronically for free over the life \n of the IRS Free File program.\n (3) The IRS Free File program offers Federal individual \n income tax return preparation and electronic filing services to \n more than 70 percent of taxpayers, approximately 100,000,000 \n taxpayers at the end of the current tax filing period, with tax \n software and electronic filing provided at no cost to the \n taxpayers who use the service or to the Federal Government from \n tax software and electronic filing companies participating in \n the program.\n (4) By the end of the current tax return filing season, it \n is estimated that the IRS Free File program will have saved \n taxpayers approximately $1,300,000,0000 and will have saved the \n Federal Government about $125,000,000 in processing costs.\n (5) In addition to the IRS Free File Program, the Internal \n Revenue Service also provides Taxpayer Assistance Centers, Tax \n Counseling for the Elderly, and Volunteer Income Tax Assistance \n (VITA) programs. Each of these programs represent important \n sources of taxpayer assistance and provide taxpayer services \n through different modalities to serve low and moderate income \n taxpayers.\n\nSEC. 3. FREE FILE PROGRAM.\n\n (a) The Secretary of the Treasury, or the Secretary's delegate, \nshall continue to operate the IRS Free File Program as established by \nthe Internal Revenue Service and published in the Federal Register on \nNovember 4, 2002 (67 Fed. Reg. 67247), including any subsequent \nagreements and governing rules established pursuant thereto.\n (b) The IRS Free File Program shall continue to provide free \ncommercial-type online individual income tax preparation and electronic \nfiling services to the lowest 70 percent of taxpayers by income. The \nnumber of taxpayers eligible to receive such services each year shall \nbe calculated by the Internal Revenue Service annually based on prior \nyear aggregate taxpayer adjusted gross income data.\n (c) In addition to the services described in subsection (b), and in \nthe same manner, the IRS Free File Program shall continue to make \navailable to all taxpayers (without regard to income) a basic, online \nelectronic fillable forms utility.\n (d) The IRS Free File Program shall continue to work cooperatively \nwith the private sector to provide the free individual income tax \npreparation and the electronic filing services described in subsections \n(b) and (c).\n (e) The IRS Free File Program shall work cooperatively with State \ngovernment agencies to enhance and expand the use of the program to \nprovide needed benefits to the taxpayer while reducing the cost of \nprocessing returns.\n (f) Nothing in this Act is intended to impact the continuity of \nservices provided under Taxpayer Assistance Centers, Tax Counseling for \nthe Elderly, and Volunteer Income Tax Assistance programs.\n\nSEC. 4. INNOVATIONS.\n\n (a) The Secretary of the Treasury, or the Secretary's delegate, \nshall work with the private sector through the IRS Free File Program to \nidentify and implement, consistent with applicable law, innovative new \nprogram features to improve and simplify the taxpayer's experience with \ncompleting and filing individual income tax returns in voluntary \ncompliance.\n (b) The Internal Revenue Service, and members of the tax software \nand electronic industry with whom the Internal Revenue Service works \nthrough the Free File Program, shall support and promote improvements \nwithin the program by mutually testing, piloting, and offering \ninnovative solutions to--\n (1) simplify taxpayer compliance with the internal revenue \n laws,\n (2) reduce taxpayer compliance burdens,\n (3) increase individual income tax return accuracy through \n financial data authentication,\n (4) strengthen the tax system against existing and emerging \n fraud and threats of fraud through cybersecurity collaboration,\n (5) avoid duplication of effort in the tax system,\n (6) simplify the tax system,\n (7) maximize the use of electronic technology, and\n (8) reduce information reporting burdens.","summary":"Free File Act of 2016 This bill requires the Department of the Treasury to continue to operate the Internal Revenue Service (IRS) Free File Program. The program must work with state government agencies to enhance and expand the use of the program, while continuing to: provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70 of taxpayers by income. Provide all taxpayers with a basic, online electronic fillable forms utility. And work with the private sector to provide the free tax preparation and electronic filing services. Treasury must work with the private sector through the program to identify and implement innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns. The IRS and members of the tax software and electronic industry involved in the program must support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to: simplify the tax system, reduce compliance and reporting burdens, increase tax return accuracy through financial data authentication, strengthen the tax system against fraud through cybersecurity collaboration, avoid duplication, and maximize the use of electronic technology.","title":"Free File Act of 2016","text_len":5319,"sum_len":1309} {"bill_id":"111_hr3155","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caregiver Assistance and Resource \nEnhancement Act''.\n\nSEC. 2. SUPPORT SERVICES FOR CAREGIVERS.\n\n (a) Definitions.--Section 1701 of title 38, United States Code, is \namended by adding at the end the following new paragraphs:\n ``(10) The term `caregiver services' means noninstitutional \n extended care (as used in paragraph (6)).\n ``(11) The term `caregiver' means an individual who--\n ``(A) with respect to a disabled veteran who is \n enrolled in the health care system established under \n section 1705(a) of this title, provides caregiver \n services to such veteran for such disability; and\n ``(B) is not a member of the family (including \n parents, spouses, children, siblings, step-family \n members, and extended family members) of such veteran.\n ``(12) The term `family caregiver' means an individual \n who--\n ``(A) with respect to a disabled veteran who is \n enrolled in the health care system established under \n section 1705(a) of this title, provides caregiver \n services to such veteran for such disability;\n ``(B) is a member of the family (including parents, \n spouses, children, siblings, step-family members, and \n extended family members) of such veteran; and\n ``(C) may or may not reside with such veteran.''.\n (b) Support Services.--\n (1) In general.--Subchapter II of chapter 17 of title 38, \n United States Code, is amended by adding at the end the \n following new section:\n``Sec. 1720G. Support services for caregivers and family caregivers\n ``(a) Establishment of Program.--The Secretary shall develop and \ncarry out a program for caregivers and family caregivers that includes \nthe following:\n ``(1) The educational sessions, stipends, and access to \n support services provided under this section.\n ``(2) Counseling and other services provided under section \n 1782 of this title.\n ``(3) Respite care provided under section 1720B of this \n title.\n ``(4) With respect to family caregivers, medical care \n provided under section 1781(e) of this title.\n ``(5) Travel expenses provided under section 111(e) of this \n title.\n ``(b) Educational Sessions.--(1) The Secretary shall make available \neducational sessions for caregivers, family caregivers, and individuals \ndescribed in paragraph (2). Such educational sessions shall--\n ``(A) be made available both in person and on an Internet \n website;\n ``(B) incorporate available technology, including \n telehealth technology to the extent practicable; and\n ``(C) teach techniques, strategies, and skills for caring \n for a disabled veteran, including, at a minimum, a veteran \n who--\n ``(i) was deployed in support of Operation Enduring \n Freedom or Operation Iraqi Freedom; and\n ``(ii) has post-traumatic stress disorder, a \n traumatic brain injury, or other severe injury or \n illness.\n ``(2) Individuals described in this paragraph are individuals who \nprovide caregivers and family caregivers with support under this \nchapter or through an aging network (as defined in section 102(5) of \nthe Older Americans Act of 1965 (42 U.S.C. 3002(5)), including--\n ``(A) respite care providers;\n ``(B) nursing care providers; and\n ``(C) counselors.\n ``(c) Stipends.--(1) The Secretary shall provide monthly stipends \nto eligible family caregivers described in paragraph (2).\n ``(2) An eligible family caregiver described in this paragraph is a \nfamily caregiver who--\n ``(A) provides caregiver services to a veteran who--\n ``(i) was deployed in support of Operation Enduring \n Freedom or Operation Iraqi Freedom; and\n ``(ii) for purposes of this subsection, is \n determined by the Secretary--\n ``(I) to have a service-connected \n disability or illness that is severe;\n ``(II) to be in need of caregiver services, \n such that without such services, the veteran \n would require hospitalization, nursing home \n care, or other residential institutional care; \n and\n ``(III) based on an examination by a \n physician employed by the Department (or, in \n areas where no such physician is available, by \n a physician carrying out such function under a \n contract or fee arrangement), to be unable to \n carry out the activities (including \n instrumental activities) of daily living;\n ``(B) with respect to such veteran, meets the definition of \n the term `family caregiver' under section 1701(12) of this \n title;\n ``(C) is designated by such veteran as the primary family \n caregiver for such veteran; and\n ``(D) is not--\n ``(i) employed by a home health care agency to \n provide such caregiver services; or\n ``(ii) otherwise receiving payment for such \n services.\n ``(3) The authority of the Secretary to provide a stipend to an \neligible family caregiver under this subsection shall expire on October \n1, 2012.\n ``(d) Access to Support Services.--The Secretary shall provide \ncaregivers and family caregivers with information concerning public, \nprivate, and non-profit agencies that offer support to caregivers. In \nproviding such information, the Secretary shall--\n ``(1) collaborate with the Assistant Secretary for Aging of \n the Department of Health and Human Services in order to provide \n caregivers and family caregivers access to aging and disability \n resource centers under the Administration on Aging of the \n Department of Health and Human Services; and\n ``(2) include on an Internet website that is dedicated to \n caregivers and family caregivers--\n ``(A) a directory of services available for \n caregivers and family caregivers at the county level; \n and\n ``(B) tools that provide caregivers and family \n caregivers with the ability to interact with each other \n for the purpose of fostering peer support and creating \n support networks.\n ``(e) Information and Outreach.--(1) The Secretary shall conduct \noutreach to inform disabled veterans and the families of such veterans \nof the following:\n ``(A) Medical care, educational sessions, stipends, and \n other services available for caregivers and family caregivers \n under this chapter.\n ``(B) The ability of a family caregiver to be trained and \n certified by a home health care agency in order to be paid by \n such agency for providing caregiver services.\n ``(2) Outreach under this subsection shall include, at a minimum, \nthe following:\n ``(A) Public service announcements.\n ``(B) Brochures and pamphlets.\n ``(C) Full use of Internet-based outreach methods, \n including such methods designed specifically for veterans and \n the families of such veterans who reside in rural areas.\n ``(3) With respect to a Department employee providing case \nmanagement services (as defined in section 1720C(b)(2) of this title) \nto a disabled veteran, the Secretary shall ensure that such employee \nprovides a caregiver or family caregiver of such veteran with \ninformation on the services described in subparagraphs (A) and (B) of \nparagraph (1).''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 17 of title 38, United States Code, is \n amended by inserting after the item related to section 1720F \n the following new item:\n\n``1720G. Support services for caregivers and family caregivers.''.\n (c) Plan.--Not later than 180 days after the date of the enactment \nof this Act, the Secretary shall submit to the Committee on Veterans' \nAffairs of the House of Representatives and the Committee on Veterans' \nAffairs of the Senate a plan for carrying out section 1720G of title \n38, United States Code, as added by subsection (b) of this section.\n (d) Reports.--Not later than 180 days after the date on which the \nplan is submitted under subsection (c), and annually thereafter for the \nfollowing five years, the Secretary shall submit to the Committee on \nVeterans' Affairs of the House of Representatives and the Committee on \nVeterans' Affairs of the Senate a report describing the implementation \nof the plan.\n\nSEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY \n CAREGIVERS.\n\n (a) In General.--Section 1782 of title 38, United States Code, is \namended--\n (1) in the section heading, by adding at the end the \n following: ``, caregivers, and family caregivers''; and\n (2) in subsection (c)--\n (A) in paragraph (1), by striking ``; or'' and \n inserting a semicolon;\n (B) by redesignating paragraph (2) as paragraph \n (3); and\n (C) by inserting after paragraph (1) the following \n new paragraph (2):\n ``(2) a caregiver or family caregiver of a veteran; or''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of title 38, United States Code, is amended by striking the \nitem relating to section 1782 and inserting the following new item:\n\n``1782. Counseling, training, and mental health services for immediate \n family members, caregivers, and family \n caregivers.''.\n\nSEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS.\n\n Section 1720B of title 38, United States Code, is amended--\n (1) in subsection (a), by striking ``title.'' and inserting \n ``title or who receives care from a family caregiver.''; and\n (2) by adding at the end the following new subsection:\n ``(d) In furnishing respite care services under this section, the \nSecretary shall ensure that such services--\n ``(1) fulfill the needs of the veteran receiving care \n (including 24-hour in-home respite care); and\n ``(2) are appropriate for the veteran with respect to the \n age of the veteran.''.\n\nSEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS.\n\n Section 1781 of title 38, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (2), by striking ``and'' at the \n end;\n (B) in paragraph (3), by inserting ``and'' at the \n end; and\n (C) by inserting after paragraph (3) the following \n new paragraph:\n ``(4) in accordance with subsection (e), a family \n caregiver,'';\n (2) in the third sentence of subsection (b), by striking \n ``dependent or survivor'' and inserting ``dependent, survivor, \n or family caregiver''; and\n (3) by adding at the end the following new subsection:\n ``(e)(1) The Secretary shall provide medical care to a family \ncaregiver under this section if the Secretary determines that the \nfamily caregiver is not entitled to care or services under a health-\nplan contract as defined under section 1725(f)(2) of this title \n(determined, in the case of a health-plan contract as defined in \nsubsection (f)(2)(B) or (f)(2)(C) of such section, without regard to \nany requirement or limitation relating to eligibility for care or \nservices from any department or agency of the United States).\n ``(2) In this subsection, a family caregiver is an individual who--\n ``(A) provides caregiver services to a veteran who--\n ``(i) was deployed in support of Operation Enduring \n Freedom or Operation Iraqi Freedom; and\n ``(ii) for purposes of this subsection, is \n determined by the Secretary--\n ``(I) to have a service-connected \n disability or illness that is severe;\n ``(II) to be in need of caregiver services, \n such that without such services, the veteran \n would require hospitalization, nursing home \n care, or other residential institutional care; \n and\n ``(III) based on an examination by a \n physician employed by the Department (or, in \n areas where no such physician is available, by \n a physician carrying out such function under a \n contract or fee arrangement), to be unable to \n carry out the activities (including \n instrumental activities) of daily living;\n ``(B) with respect to such veteran, meets the definition of \n the term `family caregiver' under section 1701(12) of this \n title; and\n ``(C) is designated by such veteran as the primary family \n caregiver for such veteran.\n ``(3) The authority of the Secretary to provide medical care to a \nfamily caregiver under this section shall expire on October 1, 2012.''.\n\nSEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS.\n\n Section 111(e) of title 38, United States Code, is amended--\n (1) by striking ``When'' and inserting the following: ``(1) \n Except as provided in paragraph (2), when''; and\n (2) by adding at the end the following new paragraphs:\n ``(2) Without regard to whether a covered veteran entitled to \nmileage under this section requires an attendant in order to perform \nsuch travel, an attendant of such covered veteran may be allowed \nexpenses of travel (including lodging and subsistence) upon the same \nbasis as such veteran during--\n ``(A) the period of time in which such veteran is traveling \n to and from a treatment facility; and\n ``(B) the duration of the treatment episode for such \n veteran.\n ``(3) The Secretary may prescribe regulations to carry out this \nsubsection. Such regulations may include provisions--\n ``(A) to limit the number of attendants that may receive \n expenses of travel under paragraph (2) for a single treatment \n episode of a covered veteran; and\n ``(B) to require such attendants to use certain travel \n services.\n ``(4) In this subsection, the term `covered veteran' means a \nveteran who--\n ``(A) was deployed in support of Operation Enduring Freedom \n or Operation Iraqi Freedom; and\n ``(B) for purposes of this subsection, is determined by the \n Secretary--\n ``(i) to have a service-connected disability or \n illness that is severe;\n ``(ii) to be in need of caregiver services, such \n that without such services, the veteran would require \n hospitalization, nursing home care, or other \n residential institutional care; and\n ``(iii) based on an examination by a physician \n employed by the Department (or, in areas where no such \n physician is available, by a physician carrying out \n such function under a contract or fee arrangement), to \n be unable to carry out the activities (including \n instrumental activities) of daily living.''.\n\nSEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS.\n\n (a) In General.--Not later than 270 days after the date of the \nenactment of this Act, and not less than once in each three-year period \nthereafter, the Secretary of Veterans Affairs shall design and conduct \na survey of caregivers and family caregivers. In carrying out the \nsurvey, the Secretary shall collect the following information:\n (1) The number of caregivers.\n (2) The number of family caregivers.\n (3) The number of veterans receiving caregiver services \n from caregivers and family caregivers, including the era in \n which each veteran served in the Armed Forces.\n (4) The range of caregiver services provided by caregivers \n and family caregivers, including--\n (A) the average schedule of such services; and\n (B) the average amount of time a caregiver and \n family caregiver has spent providing such services.\n (5) The average age of a caregiver and family caregiver.\n (6) The health care coverage of caregivers and family \n caregivers, including the sources of such coverage.\n (7) The employment status of caregivers and family \n caregivers.\n (8) Incidents of significant life changes related to being \n a caregiver or family caregiver, including unemployment and \n disenrollment from a course of education.\n (9) The number of family caregivers trained and certified \n through a home health care agency.\n (10) Other information the Secretary considers appropriate.\n (b) Survey Sample.--In carrying out the survey required by \nsubsection (a), the Secretary shall ensure that--\n (1) a statistically representative sample of caregivers and \n family caregivers is included in the survey; and\n (2) such sample covers veterans in each Veterans Integrated \n Service Network.\n (c) Findings.--The Secretary shall consider the findings of the \nsurvey when carrying out programs related to caregivers and family \ncaregivers.\n (d) Reports.--Not later than 180 days after the date on which each \nsurvey is completed, the Secretary shall submit to the Committee on \nVeterans' Affairs of the House of Representatives and the Committee on \nVeterans' Affairs of the Senate a report on caregivers and family \ncaregivers. Each such report shall include--\n (1) the findings of the survey required by subsection (a);\n (2) a summary of the services made available to caregivers \n and family caregivers by the Secretary;\n (3) the number of caregivers and family caregivers who \n receive such services;\n (4) the cost to the Department of Veterans Affairs of \n providing each such service; and\n (5) other information the Secretary considers appropriate.\n (e) Definitions.--In this section:\n (1) The term ``caregiver'' has the meaning given such term \n in section 1701(11) of title 38, United States Code, as added \n by section 2(a) of this Act.\n (2) The term ``family caregiver'' has the meaning given \n such term in section 1701(12) of title 38, United States Code, \n as added by section 2(a) of this Act.\n\n Passed the House of Representatives July 27, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Caregiver Assistance and Resource Enhancement Act - Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services, (2) counseling and related services, (3) respite care, (4) medical care for family caregivers. And (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services. (2) submit to the congressional veterans' committees a plan for implementation of such program. And (3) report annually thereafter for five years on plan implementation. Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans. Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age. Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a family caregiver as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness. (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care. And (3) be unable to carry out the activities of daily living. Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period. Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers. (2) consider survey findings when carrying out programs related to caregivers. And (3) report to the veterans' committees on survey results and services made available to caregivers.","title":"To amend title 38, United States Code, to provide certain caregivers of veterans with training, support, and medical care, and for other purposes.","text_len":19897,"sum_len":2561} {"bill_id":"104_hr4252","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be referred to as the ``Small Business Emancipation \nAct of 1996''.\n\nSEC. 2. DEFINITION.\n\n For purposes of this Act the term small-business concern has the \nmeaning given such term in section 3(a)(1) of the Small Business Act \n(15 U.S.C. 632(a)(1)).\n\n TITLE I--LABOR PROVISIONS\n\nSEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF \n CALCULATING OVERTIME COMPENSATION.\n\n Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29 \nU.S.C. 207(e)), the ``regular rate'' at which an employee of a small-\nbusiness concern is employed shall not be deemed to include sums paid \nin recognition of services performed during a given period if the \npayments are made to reward an employee or group of employees for \nmeeting or exceeding the productivity, quality, efficiency, or sales \ngoals as specified in a gainsharing, incentive bonus, commission, or \nperformance contingent bonus plan.\n\nSEC. 102. COMPENSATORY TIME.\n\n Notwithstanding section 7(o) of the Fair Labor Standards Act of \n1938 (29 U.S.C. 207(o))--\n (1) An employee of a small-business concern may receive, in \n accordance with this subsection and in lieu of monetary \n overtime compensation, compensatory time off at a rate not less \n than 1\\1\/2\\ hours for each hour of employment for which \n overtime compensation is required by this subsection.\n (2) An employer may provide compensatory time under \n paragraph (1) only pursuant to--\n (A) applicable provisions of a collective \n bargaining agreement, memorandum of understanding, or \n any other agreement between the employer and \n representative of such employees; or\n (B) in the case of employees not covered by \n subparagraph (A), an agreement or understanding arrived \n at between the employer and employee before the \n performance of the work.\n (3) An employee may accrue not more than 240 hours of \n compensatory time. Not later than January 31 of each calendar \n year, the employee's employer shall provide monetary \n compensation for any compensatory time off accrued during the \n preceding calendar year which was not used prior to December 31 \n of the preceding year at a rate not less than 1\\1\/2\\ times the \n regular rate earned by the employee at the time the employee \n receives such payment. An employer may designate and \n communicate to the employer's employees a 12-month period other \n than the calendar year, in which case such compensation shall \n be provided not later than 31 days after the end of such 12-\n month period.\n (4) An employee who has accrued compensatory time off \n authorized to be provided under paragraph (1) shall, upon \n termination of employment, be paid for the unused compensatory \n time at a rate of compensation not less than--\n (A) the average regular rate received by such \n employee during the last 3 years of the employee's \n employment, or\n (B) the final regular rate received by such \n employee, whichever is higher.\n (5) An employee--\n (A) who has accrued compensatory time off \n authorized to be provided under paragraph (1), and\n (B) who has requested the use of such compensatory \n time,\nshall be permitted by the employee's employer to use such time within a \nreasonable period after making the request if the use of the \ncompensatory time does not unduly disrupt the operations of the \nemployer.\n (6) For purposes of this subsection the terms \n ``compensatory time'' and ``compensatory time off'' mean hours \n during which an employee is not working, which are not counted \n as hours worked during the applicable workweek or other work \n period for purposes of overtime compensation, and for which the \nemployee is compensated at the employee's regular rate.\n\nSEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES.\n\n (a) Compressed Schedules.--Notwithstanding any other provision of \nlaw, a small-business concern employer may establish programs that \nallow the use of a compressed schedule that consists of--\n (1) in the case of a schedule of a full-time employee, a \n 160-hour basic work requirement, over a 4-week period, that is \n scheduled for less than 20 workdays; and\n (2) in the case of a schedule of a part-time employee, a \n basic work requirement of less than 160 hours, over a 4-week \n period, that is scheduled for less than 20 workdays.\n (b) Flexible Schedules.--Notwithstanding any other provision of \nlaw, a small-business concern employer may establish programs that \nallow the use of flexible schedules that include--\n (1) designated hours and days during which an \n employee on such a schedule must be present for work; \n and\n (2) designated hours during which an employee on \n such a schedule may elect the time of the arrival of \n such employee at and departure of such employee from \n work, solely for such purpose or, if and to the extent \n permitted, for the purpose of accumulating credit hours \n to reduce the length of the workweek or another \n workday.\n\nSEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION.\n\n Notwithstanding any other provision of law, a small-business \nconcern shall not be required to disclose any information obtained \nthrough a voluntary internal audit to any regulatory agency.\n\nSEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT.\n\n The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) \n(commonly referred to as the Davis-Bacon Act) shall not apply to any \nlaborers or mechanics employed by small-business concerns.\n\nSEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.\n\n (a) Standard Basis.--Section 6(b) of the Occupational Safety and \nHealth Act (29 U.S.C. 655(b)) is amended by inserting after paragraph \n(8) the following:\n ``(9) In establishing standards under this section, the \n Secretary shall consider and make findings concerning whether \n there is a reasonable relationship between the costs and \n benefits of the standard, and the particular effects of the \n standard on small-business concerns.''.\n (b) Violations.--Section 17 of the Occupational Safety and Health \nAct (29 U.S.C. 666) is amended by redesignating subsection (l) as \nsubsection (m) inserting after subsection (k) the following:\n ``(l) In the case of any small-business concern employer who \nreceived a citation for a violation of the requirements of section 5, \nany standard, rule, or order promulgated pursuant to section 6 or of \nany regulations prescribed under this Act, the Secretary shall waive up \nto 100 percent of such penalty to the extent that the employer uses the \namount which would have been paid as penalty for correction of the \nviolation. This subsection shall apply where\n ``(1) the employer has made a good faith effort to comply \n with applicable regulation, and\n ``(2) the violation does not constitute a significant \n threat to an employee's health or safety or is not a criminal \n violation.''.\n (c) Employee Participation.--The Occupational Safety and Health Act \n(29 U.S.C. 651 et seq.) is amended by adding at the end the following:\n\n ``employee participation\n\n ``Sec. 33. In order to carry out the purposes of this Act to \nencourage employers and employees in their efforts to reduce the number \nof occupational safety and health hazards, an employee participation \ncommittee or other mechanism--\n ``(1) in which employees participate,\n ``(2) which exists for the purpose, in whole or in part, of \n dealing with employees concerning the safety or health of \n working conditions or related matters, and\n ``(3) which does not have, claim, or seek authority to \n negotiate or enter into collective bargaining agreements with \n an employer or to amend existing collective bargaining \n agreements between and employer and any labor organization,\nshall not constitute a `labor organization' for purposes of section \n8(a)(2) of the National Labor Relations Act or a representative for \npurposes of sections 1 and 2 of the Railway Labor Act.''.\n (d) Small Business Assistance and Training.--The Occupational \nSafety and Health Act, as amended by paragraph (3), is amended by \nadding after section 33 the following:\n\n ``small business assistance and training\n\n ``Sec. 34. (a) The Secretary shall establish and implement a \nprogram to provide technical assistance and consultative services for \nemployers and employees, either directly or by grant or contract, \nconcerning worksite safety and health and compliance with this Act. \nSuch assistance shall be targeted at small employers and the most \nhazardous industries.\n ``(b) This subsection authorizes the consultative services to \nemployers provided under cooperative agreements between the States and \nthe Occupational Safety and Health Administration and described in part \n1908 of title 39 of the Code of Federal Regulations.\n ``(c) Not less than one-fourth of the annual appropriation made to \nthe Secretary to carry out this Act shall be expended for the purposes \ndescribed in this section.''.\n (e) Voluntary Protection Program Award.--The Occupational Safety \nand Health Act, as amended by paragraph (4), is amended by adding after \nsection 34 the following:\n\n ``voluntary protection program award\n\n ``Sec. 35. (a) The Secretary shall establish an award which shall \nperiodically be made to small-business concerns which have implemented \nparticularly effective approaches to addressing occupational safety and \nhealth in the workplace, including those which provide for effective \nemployee involvement in improving safety and health and which are as a \nconsequence deserving of special recognition.\n ``(b) A company or organization to which an award is made under \nsubsection (a) and which agrees to help other American companies or \norganizations improve their occupational safety and health may \npublicize its receipt of such award and use the award in its \nadvertising, but it shall be ineligible to receive another such award \nin the same category for a period of 5 years.\n ``(c)(1) Subject to paragraph (2), separate awards shall be made to \nqualifying organizations and companies in each of the following \ncategories--\n ``(A) manufacturing;\n ``(B) agricultural;\n ``(C) concerns providing services;\n ``(D) retail; and\n ``(E) construction.\n ``(2) Not more than 1 award may be made within any subcategory in \nany year (and no award shall be made within any category if there are \nno qualifying enterprises in that category.\n ``(d) An organization or company may qualify for an award under \nsubsection (a) only if it--\n ``(1) applies to the Secretary in writing, for the award,\n ``(2) permits a rigorous evaluation of its occupational \n safety and health operations, and\n ``(3) meets such requirements and specifications as the \n Secretary determines to be appropriate to achieve the \n objectives of this section.\nIn applying paragraph (3) with respect to any organization or company, \nthe Secretary shall rely upon an intensive evaluation of the \noccupational safety and health operation. The examination should \nencompass all aspects of the organization's or company's current \noccupational safety and health practice. The award shall be given only \nto organizations and companies which have made outstanding improvements \nin their occupational safety and health practices and which demonstrate \neffective occupational safety and health practices through the training \nand involvement of all levels of personnel.\n ``(e) The Secretary shall ensure that all program participants \nreceive the complete results of their audits as well as detailed \nexplanations of all suggestions for improvements. The Secretary shall \nalso provide information about the awards and the successful quality \nimprovement strategies and programs of the award-winning participants \nto all participants and other appropriate groups.\n ``(f) The Secretary is authorized to seek and accept gifts from \npublic and private sources to carry out the program under this section. \nIf additional sums are needed to cover the full cost of the program, \nthe Secretary shall impose fees upon the organizations and companies \napplying for the award in amounts sufficient to provide such additional \nsums.\n ``(g) The Secretary shall prepare and submit to the President and \nthe Congress, within 3 years after the date of the enactment of this \nsection, a report on the progress, findings, and conclusions of \nactivities conducted pursuant to this section along with \nrecommendations for possible modifications thereof.''.\n\nSEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT.\n\n (a) It shall be an unlawful employment practice for any small \nbusiness concern employer to grant preferential treatment to any \nindividual or group with respect to selection for, discharge from, \ncompensation for, or the terms, conditions, or privileges of, \nemployment or union membership, on the basis of the race, color, \nreligion, sex, or national origin of such individual or group, for any \npurpose, except as provided in subsection (b).\n (b) It shall not be unlawful employment practice for an entity \ndescribed in subsection (a) to undertake affirmative action designed to \nrecruit individuals of an underrepresented race, color, religion, sex, \nor national origin, to expand the applicant pool of the individuals \nseeking employment or union membership with the entity.\n (c) Nothing in the amendments made by this subsection shall be \nconstrued to affect the authority of courts to remedy intentional \ndiscrimination under section 706(g) of the Civil Rights Act of 1964 \n(Public Law 88-352).\n\n TITLE II--TAX PROVISIONS\n\nSEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL \n BUSINESSES.\n\n (a) In General.--Part III of subchapter A of chapter 11 of the \nInternal Revenue Code of 1986 (relating to gross estate) is amended by \nadding at the end the following new section:\n\n``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS.\n\n ``(a) In General.--If the executor elects the application of this \nsection, the value of the gross estate shall not include the value of \nthe qualified small business interests of the decedent which are \notherwise includible in the estate.\n ``(b) Qualified Small Business Interest.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified small business \n interest' means--\n ``(A) an interest as a proprietor in a small-\n business concern which is a trade or business carried \n on as a proprietorship, or\n ``(B) an interest as a partner in a small-business \n concern which is a partnership, or stock in a small-\n business concern which is a corporation, carrying on a \n trade or business, if more than 50 percent of such \n partnership or corporation (by vote or value) is owned \n by the decedent.\n ``(2) Small-business concern.--For purposes of this \n subsection, the term `small-business concern' has the meaning \n given such term in section 3(a)(1) of the Small Business Act.\n ``(3) Indirect ownership.--For purposes of determining \n ownership under paragraph (1), the rules of section 318 shall \n apply.\n ``(4) Limitation to small-business concerns in united \n states.--The term `qualified small business interest' shall not \n include any interest in a small-business concern the principal \n place of business of which is not in the United States or its \n possessions.''\n (b) Clerical Amendment.--The table of sections for part III of \nsubchapter A of chapter 11 of such Code is amended by adding at the end \nthe following new item:\n\n ``Sec. 2047. Exclusion of qualified small \n business interests.''\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying after the date of the enactment of \nthis Act.\n\nSEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES.\n\n (a) In General.--Paragraph (4) of section 416(g) of the Internal \nRevenue Code of 1986 (relating to special rules for top-heavy plans) is \namended by adding at the end the following new subparagraph:\n ``(H) 401(k) plans.--The term `top heavy plan' \n shall not include a qualified cash or deferred \n arrangement, as defined in section 401(k).''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to plan years ending after the date of the enactment of this Act.\n\nSEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE \n ERROR.\n\n (a) In General.--Section 401 of the Internal Revenue Code of 1986 \n(relating to qualified pension, profit-sharing, and stock bonus plans) \nis amended by redesignating subsection (o) as subsection (p) and by \ninserting after subsection (n) the following new subsection:\n ``(o) No Disqualification By Reason of Good Faith Administrative \nError.--\n ``(1) In general.--A trust shall not be disqualified for \n purposes of this part by reason of a good faith administrative \n error which is--\n ``(A) de minimis, or\n ``(B) inadvertent,\n if such error is corrected within a reasonable period of time \n after the employer is notified (by the Secretary or by any \n other person) of the error.\n ``(2) Inadvertent.--For purposes of paragraph (1), an error \n shall be treated as inadvertent if made without knowledge or \n reason to know of the error.''\n (b) Report on Definitions.--Not later than 90 days after the date \nof the enactment of this Act, the Secretary of the Treasury shall \nsubmit to the Congress a report setting forth the proposed \ninterpretation by the Secretary of the terms ``good faith \nadministrative error'' and ``de minimis'' for purposes of subsection \n(o) of section 401 of the Internal Revenue Code of 1986, as added by \nthis section.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to plan years ending after the date of the enactment of this Act.","summary":"TABLE OF CONTENTS: Title I: Labor Provisions Title II: Tax Provisions Small Business Emancipation Act of 1996 - Title I: Labor Provisions - States that the regular rate at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals. Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination. Authorizes a small business employer to establish compressed and flexible work schedules. States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit. Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act. Amends the Occupational Safety and Health Act to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses. (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation. And (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a labor organization for purposes of specified labor representation provisions. Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act. (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace. And (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications. Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin. Title II: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent. (2) exclude a qualified cash or deferred arrangement from the definition of a top heavy plan. And (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error.","title":"Small Business Emancipation Act of 1996","text_len":19254,"sum_len":2890} {"bill_id":"109_hr4493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Emergency Management Agency \nRestoration Act''.\n\nSEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.\n\n (a) Independent Establishment.--The Federal Emergency Management \nAgency shall be a cabinet-level independent establishment in the \nexecutive branch that is responsible for emergency preparedness, \nresponse, recovery, and mitigation for all hazards, including major \ndisasters, acts of terrorism, and other emergencies.\n (b) Director.--\n (1) In general.--The Agency shall be headed by a Director, \n who shall be appointed by the President, by and with the advice \n and consent of the Senate, and who shall report directly to the \n President. The Director of the Federal Emergency Management \n Agency shall be compensated at the rate provided for at level I \n of the Executive Schedule under section 5312 of title 5, United \n States Code.\n (2) Qualification.--The Director shall be appointed from \n among persons who have extensive experience in emergency \n preparedness, response, recovery, and mitigation for all \n hazards, including major disasters, acts of terrorism, and \n other emergencies.\n (3) Term of office.--The term of office of an individual \n appointed as the Director shall be 5 years. Such individual may \n be appointed in accordance with paragraph (1) for an additional \n term of 5 years.\n (4) Conforming amendment.--Section 5312 of title 5, United \n States Code, is amended by adding at the end the following:\n ``Director of the Federal Emergency Management Agency.''.\n (c) Deputy Director.--\n (1) In general.--The Federal Emergency Management Agency \n shall have one deputy director appointed in the competitive \n service by the Director.\n (2) Qualifications.--The Deputy Director shall be appointed \n from among persons who have extensive experience in emergency \n preparedness, response, recovery, and mitigation for all \n hazards, including major disasters, acts of terrorism, and \n other emergencies.\n (3) Duties.--The Deputy Director shall--\n (A) carry out duties and powers prescribed by the \n Director;\n (B) serve as a liaison to the Department of \n Homeland Security in the event of an act of terrorism; \n and\n (C) act for the Director when the Director is \n absent or unable to serve or when the position of the \n Director is vacant.\n (d) Limitations on Definition of Emergency Preparedness.--For \npurposes of this Act, the term ``emergency preparedness'' does not \ninclude law enforcement efforts to prevent or deter acts of terrorism, \nprotect critical infrastructure, and conduct intelligence activities.\n\nSEC. 3. TRANSFER OF FUNCTIONS.\n\n (a) In General.--There shall be transferred to the Director of the \nFederal Emergency Management Agency the functions, personnel, assets, \nand liabilities of the Department of Homeland Security relating to the \nFederal Emergency Management Agency, including the functions of the \nDepartment under paragraphs (3) and (8) of section 430(c) and sections \n502 (other than paragraph (2)) and 503(1) of the Homeland Security Act \nof 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the \nPreparedness Directorate of the Department (other than those functions \nrelating to law enforcement efforts to prevent and deter acts of \nterrorism, protect critical infrastructure, and conduct intelligence \nactivities), the functions relating to firefighter assistance grants \nunder the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. \n2229 et seq.), and the functions relating to the Federal Emergency \nManagement Agency under any other law, including those functions \nrelating to emergency management performance grants, under the National \nFlood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. \nStafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 \net seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 \net seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.), \nand Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).\n (b) Transition Period.--The transfers under this section shall be \ncarried out as soon as practicable after the date of enactment of this \nAct, but not later than the 120th day following the date of enactment \nof this Act. During the transition period, the Secretary of Homeland \nSecurity shall provide to the Director of the Federal Emergency \nManagement Agency such assistance, including the use of personnel and \nassets, as the Director may request in preparing for the transfer.\n\nSEC. 4. SAVINGS PROVISIONS.\n\n (a) Personnel Provisions.--\n (1) Appointments.--The Director of the Federal Emergency \n Management Agency may appoint and fix the compensation of such \n officers and employees, including investigators, attorneys, and \n administrative law judges, as may be necessary to carry out the \n respective functions transferred under section 3. Except as \n otherwise provided by law, such officers and employees shall be \n appointed in accordance with the civil service laws and their \n compensation fixed in accordance with title 5, United States \n Code.\n (2) Experts and consultants.--The Director may obtain the \n services of experts and consultants in accordance with section \n 3109 of title 5, United States Code, and compensate such \n experts and consultants for each day (including traveltime) at \n rates not in excess of the rate of pay for level IV of the \n Executive Schedule under section 5315 of such title. The \n Director may pay experts and consultants who are serving away \n from their homes or regular place of business, travel expenses \n and per diem in lieu of subsistence at rates authorized by \n sections 5702 and 5703 of such title for persons in Government \n service employed intermittently.\n (b) Delegation and Assignment.--Except where otherwise expressly \nprohibited by law or otherwise provided by this Act, the Director may \ndelegate any of the functions transferred to the Director by section 3 \nand any function transferred or granted to the Director after the date \nof the transfers by section 3 to such officers and employees of the \nFederal Emergency Management Agency as the Director may designate and \nmay authorize successive redelegations of such functions as may be \nnecessary or appropriate. No delegation of functions by the Director \nunder this subsection or under any other provision of this Act shall \nrelieve the Director of responsibility for the administration of such \nfunctions.\n (c) Reorganization.--The Director is authorized to allocate or \nreallocate any function transferred under section 3 among the officers \nof the Federal Emergency Management Agency, and to establish, \nconsolidate, alter, or discontinue such organizational entities in the \nFederal Emergency Management Agency as may be necessary or appropriate \nif the Director, on or before the 30th day preceding the date of the \nallocation or reallocation, provides to the Committee on Transportation \nand Infrastructure of the House of Representatives and the Committee on \nHomeland Security and Government Affairs of the Senate written notice \nof the allocation or reallocation.\n (d) Rules.--The Director is authorized to prescribe, in accordance \nwith the provisions of chapters 5 and 6 of title 5, United States Code, \nsuch rules and regulations as the Director determines necessary or \nappropriate to administer and manage the functions of the Federal \nEmergency Management Agency.\n (e) Transfer and Allocations of Appropriations and Personnel.--\nExcept as otherwise provided in this section, the personnel employed in \nconnection with, and the assets, liabilities, contracts, property, \nrecords, and unexpended balances of appropriations, authorizations, \nallocations, and other funds employed, used, held, arising from, \navailable to, or to be made available in connection with the functions \ntransferred by section 3, subject to section 1531 of title 31, United \nStates Code, shall be transferred to the Federal Emergency Management \nAgency. Unexpended funds transferred pursuant to this subsection shall \nbe used only for the purposes for which the funds were originally \nauthorized and appropriated.\n (f) Incidental Transfers.--The Director of the Office of Management \nand Budget, at such time or times as the Director shall provide, is \nauthorized to make such determinations as may be necessary with regard \nto the functions transferred by section 3, and to make such additional \nincidental dispositions of personnel, assets, liabilities, grants, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds held, \nused, arising from, available to, or to be made available in connection \nwith such functions, as may be necessary to carry out the provisions of \nthis Act. The Director of the Office of Management and Budget shall \nprovide for the termination of the affairs of all entities terminated \nby this Act and for such further measures and dispositions as may be \nnecessary to effectuate the purposes of this Act.\n (g) Effect on Personnel.--\n (1) In general.--Except as otherwise provided by this \n section, the transfer pursuant to this section of full-time \n personnel (except special Government employees) and part-time \n personnel holding permanent positions shall not cause any such \n employee to be separated or reduced in grade or compensation \n for one year after the date of transfer of such employee under \n this section.\n (2) Executive schedule positions.--Except as otherwise \n provided in this section, any person who, on the day preceding \n the date of the transfers of functions under section 3, held a \n position compensated in accordance with the Executive Schedule \n prescribed in chapter 53 of title 5, United States Code, and \n who, without a break in service, is appointed in the Federal \n Emergency Management Agency to a position having duties \n comparable to the duties performed immediately preceding such \n appointment shall continue to be compensated in such new \n position at not less than the rate provided for such previous \n position, for the duration of the service of such person in \n such new position.\n (h) Savings Provisions.--\n (1) Continuing effect of legal documents.--All orders, \n determinations, rules, regulations, permits, agreements, \n grants, contracts, certificates, licenses, registrations, \n privileges, and other administrative actions--\n (A) which have been issued, made, granted, or \n allowed to become effective by the President, any \n Federal agency or official thereof, or by a court of \n competent jurisdiction, in the performance of functions \n which are transferred under section 3, and\n (B) which are in effect on the date of the \n transfers of functions under section 3, or were final \n before such date and are to become effective on or \n after such date,\n shall continue in effect according to their terms until \n modified, terminated, superseded, set aside, or revoked in \n accordance with law by the President, the Director of the \n Federal Emergency Management Agency or other authorized \n official, a court of competent jurisdiction, or by operation of \n law.\n (2) Proceedings not affected.--The provisions of this \n section and section 3 shall not affect any proceedings, \n including notices of proposed rulemaking, or any application \n for any license, permit, certificate, or financial assistance \n pending before the Federal Emergency Management Agency on the \n date of the transfers of functions under section 3, with \n respect to functions transferred by section 3 but such \n proceedings and applications shall continue. Orders shall be \n issued in such proceedings, appeals shall be taken therefrom, \n and payments shall be made pursuant to such orders, as if this \n section and section 3 had not been enacted, and orders issued \n in any such proceedings shall continue in effect until \n modified, terminated, superseded, or revoked by a duly \n authorized official, by a court of competent jurisdiction, or \n by operation of law. Nothing in this paragraph shall be deemed \n to prohibit the discontinuance or modification of any such \n proceeding under the same terms and conditions and to the same \n extent that such proceeding could have been discontinued or \n modified if this section and section 3 had not been enacted.\n (3) Suits not affected.--The provisions of this section and \n section 3 shall not affect suits commenced before the date of \n the transfers of functions under section 3, and in all such \n suits, proceedings shall be had, appeals taken, and judgments \n rendered in the same manner and with the same effect as if this \n section and section 3 had not been enacted.\n (4) Nonabatement of actions.--No suit, action, or other \n proceeding commenced by or against the Federal Emergency \n Management Agency, or by or against any individual in the \n official capacity of such individual as an officer of the \n Federal Emergency Management Agency, shall abate by reason of \n the enactment of this section or section 3.\n (5) Administrative actions relating to promulgation of \n regulations.--Any administrative action relating to the \n preparation or promulgation of a regulation by the Federal \n Emergency Management Agency relating to a function transferred \n under section 3 may be continued by the Federal Emergency \n Management Agency with the same effect as if this section and \n section 3 had not been enacted.\n (i) References.--Any reference in any other Federal law, Executive \norder, rule, regulation, or delegation of authority, or any document of \nor pertaining to a department, agency, or office from which a function \nis transferred by section 3--\n (1) to the head of such department, agency, or office is \n deemed to refer to the head of the department, agency, or \n office to which such function is transferred; or\n (2) to such department, agency, or office is deemed to \n refer to the department, agency, or office to which such \n function is transferred.\n (j) Repeals.--The following provisions of the Homeland Security Act \nof 2002 (6 U.S.C. 101 et seq.) are repealed:\n (1) Section 503(1).\n (2) Section 507.","summary":"Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.","title":"To reestablish the Federal Emergency Management Agency as a cabinet-level independent establishment in the executive branch that is responsible for the Nation's preparedness and response to disasters, and for other purposes.","text_len":15390,"sum_len":658} {"bill_id":"110_hr7205","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Judgment Evading Foreign States \nAccountability Act of 2008''.\n\nSEC. 2. STATEMENT OF PURPOSE.\n\n The purpose of this Act is to protect the economic interests of the \nUnited States and its citizens from the irresponsible conduct of \ncertain foreign states, and agencies and instrumentalities of such \nstates, that willfully refuse to satisfy United States court judgments.\n\nSEC. 3. FINDINGS.\n\n Congress finds the following:\n (1) Foreign states and instrumentalities that do business \n or raise capital in the United States, and then refuse to \n satisfy judgments of United States courts entered against them \n in connection with disputes resulting from these activities, \n inflict billions of dollars of damage on United States \n taxpayers, and undermine the credibility of the United States \n courts.\n (2) The Republic of Argentina is a recent and egregious \n example of such behavior. Argentina has borrowed tens of \n billions of dollars in the United States capital markets \n through the issuance of bonds, notes, and other securities \n pursuant to which it agreed to be subject to the jurisdiction \n of the United States courts in actions relating to those bonds \n notes and securities, and both waived and pledged not to assert \n immunity in such actions. Argentina defaulted on its debt to \n foreign creditors in 2001, and scores of judgments, totaling \n more than $2,000,000,000, have been entered against it by the \n United States courts based on its default. Rather than satisfy \n these obligations, Argentina has expressed its intention never \n to pay any of the resulting judgments.\n (3) Since its default in 2001, Argentina's economy has \n recovered dramatically. This recovery has enabled Argentina to \n accumulate foreign exchange reserves worth tens of billions of \n dollars, and to use those reserves to pay some creditors \n preferentially over United States citizens and holders of \n United States court judgments.\n (4) Other foreign states have expressed interest in \n following Argentina's lead. For example, the Republic of \n Ecuador has recently threatened to default on and repudiate \n part of its sovereign debt, citing Argentina's default \n approvingly as a precedent.\n (5) Foreign states that engage in such behavior can infect \n the management of businesses within their borders with their \n profligate and irresponsible habits. When the lax ethical \n standards that permit government officials to flout lawful \n judgments corrupt the corporate behavior as well, the injury to \n United States taxpayers is intensified.\n (6) United States taxpayers who are injured by such \n irresponsible conduct often have little or no recourse. The \n existing laws of the United States are highly protective of \n foreign states, and public and private corporations of judgment \n evading foreign states often enjoy a safe haven within their \n home country's borders from those who are injured by their \n behavior.\n (7) Action by the United States Government to combat this \n growing problem must include measures that both protect United \n States taxpayers against the irresponsible conduct of judgment \n evading foreign states and their domestic corporations, and \n motivate such states and corporations to raise their standards \n of behavior.\n (8) An effective means of achieving this important \n objective without impinging on the President's freedom to act \n in the foreign policy arena is to deprive judgment evading \n foreign states and their domestic corporations of the privilege \n of raising capital in the United States until those states \n demonstrate that such measures are no longer necessary by \n satisfying all outstanding judgments of the United States \n courts.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act:\n (1) Judgment evading foreign state.--The term ``judgment \n evading foreign state'' means any foreign state that--\n (A) has one or more judgments entered against the \n foreign state by any United States district court or \n the court of any State, the combined amount of which \n exceeds $1,000,000; and\n (B) fails to satisfy in full any such judgment for \n a period of more than 6 months after the judgment \n becomes a final judgment.\n (2) Domestic corporation of a judgment evading foreign \n state.--The term ``domestic corporation of a judgment evading \n foreign state'' means any corporation or entity, other than a \n natural person--\n (A) that is organized under the laws of a judgment \n evading foreign state; or\n (B) a majority of the shares or other ownership \n interest of which is held, either directly or \n indirectly, by a judgment evading foreign state, or by \n one or more corporations or entities that is organized \n under the laws of a judgment evading foreign state.\n (3) Final judgment.--The term ``final judgment'' means any \n judgment of a United States district court or the court of any \n State, that is no longer eligible to be appealed to any court \n in the United States.\n (4) Foreign state.--The term ``foreign state'' has the \n meaning given that term in 1603(a) of title 28, United States \n Code.\n (5) International organization.--The term ``international \n organization'' means an entity designated by the President as \n being entitled to enjoy the privileges, exemptions, and \n immunities provided by the International Organizations \n Immunities Act (22 U.S.C. 288 et seq.).\n (6) State.--The term ``State'' means each of the several \n States, the District of Columbia, and any commonwealth, \n territory, or possession of the United States.\n\nSEC. 5. STATEMENT OF POLICY.\n\n It shall be the policy of the United States--\n (1) to advocate within the governing bodies of \n international organizations and in other foreign policy \n settings for the full compensation and fair treatment of United \n States citizens and other persons in whose favor judgments have \n been awarded by the United States courts;\n (2) to seek to protect the economic interests of United \n States taxpayers by restricting the access to the United States \n capital markets of judgment evading foreign states, and \n subjecting to Congressional scrutiny requests for aid made by \n judgment evading foreign states to the United States \n Government;\n (3) to seek to protect the authority of the United States \n courts by preventing judgment evading foreign states from \n willfully flouting the judgments of those courts; and\n (4) to enforce a series of mandatory penalties, increasing \n over time, to prevent judgment evading foreign states from \n engaging in such misconduct.\n\nSEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS.\n\n The Securities and Exchange Commission shall take all effective \nmeasures to deny every judgment evading foreign state access to United \nStates capital markets, including the ability, directly or indirectly, \nto borrow or sell securities in the United States unless the proceeds \nof such borrowing or sale are to be used, in the first instance, to \nsatisfy in full all final judgments that form the basis for that \nforeign state's designation as a judgment evading foreign state. If any \njudgment evading foreign state remains in default on any such final \njudgment for more than 2 years, the Securities and Exchange Commission \nshall take all measures to deny any domestic corporation of a judgment \nevading foreign state access to the United States capital markets.\n\nSEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN \n STATES.\n\n (a) Bilateral Assistance.--Whenever any proposal is made to a \ndepartment, agency, or other instrumentality of the United States \nGovernment to extend aid, a loan, or any other form of assistance to a \njudgment evading foreign state, the head of the department, agency, or \nother instrumentality may consider the proposal only if it bears \nprominently the legend described in subsection (c).\n (b) Multilateral Assistance.--Whenever any proposal is made to an \ninternational organization of which the United States is a member to \nextend aid, a loan, or any other form of assistance to a judgment \nevading foreign state, the Secretary of State shall provide notice of \nsuch proposal to the Congress in a prompt manner. Such notice shall \nbear prominently the legend described in subsection (c).\n (c) Legend Described.--The legend of a proposal referred to in \nsubsection (a) and the legend of a notice referred to in subsection (b) \nis the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT \nEVADING FOREIGN STATE''.\n\nSEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES.\n\n (a) Report.--Not later than January 31 of each year, the Secretary \nof the Treasury shall provide a report, in writing, to the Congress \nidentifying each judgment evading foreign state, and, for each such \njudgment evading foreign state--\n (1) setting forth the basis of the Secretary's \n determination that it meets the definition of judgment evading \n foreign state;\n (2) quantifying the impact on the United States economy, \n and the cost to United States taxpayers, of the unsatisfied \n final judgments that form the basis for the foreign state's \n designation as a judgment evading foreign state; and\n (3) describing all measures that the Department of the \n Treasury, the Department of Commerce, the Securities and \n Exchange Commission, the Commodity Futures Trading Commission, \n and representatives of the United States before international \n organizations have taken in the preceding year to carry out \n this Act.\n (b) Termination of Designation as Judgment Evading Foreign State.--\nAt such time as the Secretary of the Treasury determines that a foreign \nstate no longer qualifies as a judgment evading foreign state, the \nSecretary shall so certify to the Congress no later than in the next \nannual report to Congress under subsection (a), at which time the \nrequirements and prohibitions under this Act shall no longer apply to \nsuch former judgment evading foreign state.\n (c) Responsibilities of Other Departments.--In every report \nprepared by the Secretary of State, the Secretary of the Treasury, or \nthe Secretary of Commerce for the public relating to the economic risk \nor investment climate of a judgment evading foreign state, such \nSecretary shall reference the findings of the Secretary of the Treasury \nfrom the Secretary of the Treasury's most recent annual report to \nCongress under subsection (a) relating to the unsatisfied final \njudgments outstanding against the judgment evading foreign state.\n (d) Recommendations to Congress.--The Secretary of the Treasury \nshall provide to the Congress written recommendations on additional \nmeasures to carry out the purposes of this Act.","summary":"Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state access to US capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state. Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state. And (2) the Secretary of the Treasury to report annually to Congress identifying each such state.","title":"To take certain measures against countries that fail to satisfy judgments totaling more than $1,000,000 entered against them in courts in the United States.","text_len":11791,"sum_len":619} {"bill_id":"108_hr2425","text":"SECTION 1. DISTRIBUTION OF JUDGMENT FUNDS.\n\n (a) Funds To Be Deposited Into Separate Accounts.--\n (1) In general.--Subject to section 2, not later than 30 \n days after the date of enactment of this Act, the funds \n appropriated on September 19, 1989, in satisfaction of an award \n granted to the Quinault Indian Nation under Dockets 772-71, \n 773-71, 774-71, and 775-71 before the United States Claims \n Court, less attorney fees and litigation expenses, and \n including all interest accrued to the date of disbursement, \n shall be distributed by the Secretary and deposited into 3 \n separate accounts to be established and maintained by the \n Quinault Indian Nation (referred to in this Act as the \n ``Tribe'') in accordance with this subsection.\n (2) Account for principal amount.--\n (A) In general.--The Tribe shall--\n (i) establish an account for the principal \n amount of the judgment funds; and\n (ii) use those funds to establish a \n Permanent Fisheries Fund.\n (B) Use and investment.--The principal amount \n described in subparagraph (A)(i)--\n (i) except as provided in subparagraph \n (A)(ii), shall not be expended by the Tribe; \n and\n (ii) shall be invested by the Tribe in \n accordance with the investment policy of the \n Tribe.\n (3) Account for investment income.--\n (A) In general.--The Tribe shall establish an \n account for, and deposit in the account, all investment \n income earned on amounts in the Permanent Fisheries \n Fund established under paragraph (2)(A)(ii) after the \n date of distribution of the funds to the Tribe under \n paragraph (1).\n (B) Use of funds.--Funds deposited in the account \n established under subparagraph (A) shall be available \n to the Tribe--\n (i) subject to subparagraph (C), to carry \n out fisheries enhancement projects; and\n (ii) pay expenses incurred in administering \n the Permanent Fisheries Fund established under \n paragraph (2)(A)(ii).\n (C) Specification of projects.--Each fisheries \n enhancement project carried out under subparagraph \n (B)(i) shall be specified in the approved annual budget \n of the Tribe.\n (4) Account for income on judgment funds.--\n (A) In general.--The Tribe shall establish an \n account for, and deposit in the account, all investment \n income earned on the judgment funds described in \n subsection (a) during the period beginning on September \n 19, 1989, and ending on the date of distribution of the \n funds to the Tribe under paragraph (1).\n (B) Use of funds.--\n (i) In general.--Subject to clause (ii), \n funds deposited in the account established \n under subparagraph (A) shall be available to \n the Tribe for use in carrying out tribal \n government activities.\n (ii) Specification of activities.--Each \n tribal government activity carried out under \n clause (i) shall be specified in the approved \n annual budget of the Tribe.\n (b) Determination of Amount of Funds Available.--Subject to \ncompliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of \nsubsection (a), the Quinault Business Committee, as the governing body \nof the Tribe, may determine the amount of funds available for \nexpenditure under paragraphs (3) and (4) of subsection (a).\n (c) Annual Audit.--The records and investment activities of the 3 \naccounts established under subsection (a) shall--\n (1) be maintained separately by the Tribe; and\n (2) be subject to an annual audit.\n (d) Reporting of Investment Activities and Expenditures.--Not later \nthan 120 days after the date on which each fiscal year of the Tribe \nends, the Tribe shall make available to members of the Tribe a full \naccounting of the investment activities and expenditures of the Tribe \nwith respect to each fund established under this section (which may be \nin the form of the annual audit described in subsection (c)) for the \nfiscal year.\n\nSEC. 2. CONDITIONS FOR DISTRIBUTION.\n\n (a) United States Liability.--On disbursement to the Tribe of the \nfunds under section 1(a), the United States shall bear no trust \nresponsibility or liability for the investment, supervision, \nadministration, or expenditure of the funds.\n (b) Application of Other Law.--All funds distributed under this Act \nshall be subject to section 7 of the Indian Tribal Judgment Funds Use \nor Distribution Act (25 U.S.C. 1407).\n\n\n\n\n ","summary":"Specifies the distribution and use of funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court. Requires distribution and deposit of such funds into three accounts , to be established by the Tribe, maintained separately, and audited annually. Requires use of the Account for Principal Amount to establish a Permanent Fisheries Fund. Exempts the United States from any trust responsibility or liability for funds upon their disbursement to the Tribe.","title":"To provide for the use and distribution of the funds awarded to the Quinault Indian Nation under United States Claims Court Dockets 772-71, 773-71, 774-71, and 775-71, and for other purposes.","text_len":5395,"sum_len":587} {"bill_id":"114_hr3805","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Broadband Conduit Deployment Act of \n2015''.\n\nSEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY \n CONSTRUCTION PROJECTS.\n\n (a) In General.--Chapter 3 of title 23, United States Code, is \namended by adding at the end the following:\n``Sec. 330. Inclusion of broadband conduit installation in certain \n highway construction projects\n ``(a) Requirement.--\n ``(1) In general.--The Secretary shall require States to \n evaluate the need for broadband conduit in accordance with this \n section as part of any covered highway construction project.\n ``(2) Consultation.--This evaluation shall be done in \n consultation with local and national telecommunications \n providers, including telecommunications service and equipment \n providers.\n ``(3) Results of evaluation.--If the evaluation reveals an \n anticipated need in the next 15 years for broadband conduit \n beneath hard surfaces to be constructed by the project, the \n conduit shall be installed under the hard surfaces as part of \n the covered highway construction project.\n ``(b) Installation Requirements.--In carrying out subsection (a), \nthe Secretary shall ensure with respect to a covered highway \nconstruction project that--\n ``(1) an appropriate number of broadband conduits, as \n determined by the Administrator of the National \n Telecommunications and Information Administration, are \n installed along such highway to accommodate multiple broadband \n providers, with consideration given to the availability of \n existing conduits;\n ``(2) the size of each such conduit is consistent with \n industry best practices and is sufficient to accommodate \n potential demand, as determined by the Administrator; and\n ``(3) hand holes and manholes for fiber access and pulling \n with respect to each such conduit are placed at intervals \n consistent with industry best practices, as determined by the \n Administrator.\n ``(c) Standards.--The Secretary, in consultation with the \nAdministrator, shall establish standards, consistent with applicable \nrequirements in section 156 of this title, section 1.23, part 645, and \npart 710 of title 23, Code of Federal Regulations, and the Approved \nUtility Accommodation Manual, to carry out subsection (b) that \nconsider--\n ``(1) the ability to accommodate broadband installation \n without impacting the safety, operations, and maintenance of \n the highway facility, its users, or others;\n ``(2) population density in the area of a covered highway \n construction project;\n ``(3) the type of highway involved in such project; and\n ``(4) existing broadband access in the area of such \n project.\n ``(d) Pull Tape.--The Secretary shall ensure that each broadband \nconduit installed pursuant to this section includes a pull tape and is \ncapable of supporting fiber optic cable placement techniques consistent \nwith industry best practices, as determined by the Secretary.\n ``(e) Depth of Installation.--The Secretary shall ensure that each \nbroadband conduit installed pursuant to this section is placed at a \ndepth consistent with industry best practices, as determined by the \nSecretary, and that, in determining the depth of placement, \nconsideration is given to the location of existing utilities and the \ncable separation requirements of State and local electrical codes.\n ``(f) Access.--The Secretary shall ensure that any requesting \nbroadband provider has access to each broadband conduit installed \npursuant to this section, on a competitively neutral and \nnondiscriminatory basis, for a charge not to exceed a cost-based rate.\n ``(g) Waiver Authority.--The Secretary may waive the application of \nthis section if the Secretary determines that the waiver is appropriate \nwith respect to a covered highway construction project based upon--\n ``(1) a showing of undue burden;\n ``(2) a determination that the installation of broadband \n conduit beneath hard surfaces to be constructed as part of a \n covered highway construction project is not necessary based on \n the availability of existing broadband infrastructure;\n ``(3) a cost-benefit analysis; or\n ``(4) the consideration of other relevant factors.\n ``(h) Coordination With FCC.--In carrying out this section, the \nSecretary and the Administrator shall coordinate with the Federal \nCommunications Commission, including in making determinations with \nrespect to an appropriate number of broadband conduits under subsection \n(b)(1), potential demand under subsection (b)(2), and existing \nbroadband access under subsection (c).\n ``(i) Publication of Conduit Availability.--Not later than 1 year \nafter the date of enactment of this section, the Secretary shall \nprovide information to the Federal Communications Commission and the \nAdministrator for inclusion within the National Broadband Map.\n ``(j) Definitions.--In this section, the following definitions \napply:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the National Telecommunications and \n Information Administration.\n ``(2) Broadband.--The term `broadband' means an Internet \n Protocol-based transmission service that enables users to send \n and receive voice, video, data, graphics, or a combination \n thereof.\n ``(3) Broadband conduit.--The term `broadband conduit' \n means a conduit for fiber optic cables that support broadband \n or, where appropriate, wireless facilities for broadband \n service.\n ``(4) Covered highway construction project.--The term \n `covered highway construction project' means a project to \n construct a new highway or to construct an additional lane or \n paved shoulder for an existing highway that is commenced after \n the date of enactment of this section and that receives funding \n under this title.\n ``(5) Hard surfaces.--The term `hard surfaces' means \n asphalt and concrete pavement, curb and gutter, and \n sidewalk.''.\n (b) Clerical Amendment.--The analysis for chapter 3 of title 23, \nUnited States Code, is amended by adding at the end the following:\n\n``330. Inclusion of broadband conduit installation in certain highway \n construction projects.''.","summary":"Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit as part of any covered highway construction project , in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider: the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others, population density in the area, the type of highway involved. And existing broadband access in the area. DOT shall ensure that: an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers, the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand, hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices, installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate. DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon: a showing of undue burden, a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or a cost-benefit analysis.","title":"Broadband Conduit Deployment Act of 2015","text_len":6689,"sum_len":1936} {"bill_id":"111_hr5258","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Earmark Transparency Act of 2010''.\n\nSEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED \n SPENDING ITEMS.\n\n (a) In General.--Title III of the Congressional Budget Act of 1974 \nis amended by adding at the end the following new section:\n\n``unified and searchable database for congressionally directed spending \n items\n\n ``Sec. 316. (a) Establishment of Database.--Within six months \nafter the date of enactment of this section, the Clerk of the House of \nRepresentatives and the Secretary of the Senate shall jointly establish \na searchable website, available to the public at no cost, listing all \nrequests by Members of Congress for congressionally directed spending \nitems.\n ``(b) Content.--The website established under subsection (a) shall \nbe comprised of a database including the following information for each \ncongressionally directed spending item requested by a Member of \nCongress:\n ``(1) The fiscal year in which the item would be funded.\n ``(2) The number of the bill or joint resolution for which \n the request is made, if available.\n ``(3) The amount of the initial request made by the Member \n of Congress.\n ``(4) The amount approved by the committee of jurisdiction.\n ``(5) The amount carried in the bill or joint resolution \n (or accompanying report) as passed by the House, as passed by \n the Senate, and as transmitted to the President, as applicable.\n ``(6) The name of the department or agency, and the account \n or program, through which the item will be funded.\n ``(7) The name and the State or district of the Member of \n Congress who made the request.\n ``(8) The name and address of the intended recipient.\n ``(9) The type of organization (public, private nonprofit, \n or private for profit entity) of the intended recipient.\n ``(10) The project name, description, and estimated \n completion date.\n ``(11) A justification of the benefit to taxpayers.\n ``(12) Whether the request is for a continuing project and \n if so, when funds were first appropriated for such project.\n ``(13) A description, if applicable, of all non-Federal \n sources of funding.\n ``(14) Its current status in the legislative process, \n including whether it was carried in any bill or joint \n resolution (or accompanying report) passed by either House, \n added in a committee of conference between the Houses (or joint \n explanatory statement of managers) or in an amendment between \n the Houses, or included in a bill or joint resolution enacted \n into law, including any changes in the final dollar amount.\n ``(c) Accessibility of Data.--The website established under \nsubsection (a) shall allow the public to--\n ``(1) search, sort, and download all information in the \n database in a machine-readable format;\n ``(2) ascertain through a single search, by individual \n Member of Congress, the total number and dollar value of \n congressionally directed spending items requested by that \n Member and the total number and dollar value of such items \n contained in bills or joint resolutions as passed by either \n House or enacted into law by fiscal year;\n ``(3) search and aggregate data based on any category set \n forth in subsection (b); and\n ``(4) access the website from the home page of the website \n of the Clerk of the House of Representatives and of the \n Secretary of the Senate.\n ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of \na request for a congressionally directed spending item from a Member of \nCongress, each committee of the House of Representatives and of the \nSenate shall provide to the Clerk of the House of Representatives or \nthe Secretary of the Senate, as applicable, the initial information \nregarding that request that is required under this section to be placed \non the website established under subsection (a). That committee shall \nprovide up-to-date information to the Clerk or Secretary, as \napplicable.\n ``(2) The Clerk of the House of Representatives and the Secretary \nof the Senate shall post on the website established under subsection \n(a) the information received under paragraph (1) within 2 calendar days \n(excluding Saturdays, Sundays, or legal holidays except when the House \nor Senate is in session on such a day).\n ``(e) Point of Order.--(1) It shall not be in order to consider any \nbill or joint resolution, or amendment thereto or conference report \nthereon unless it meets the requirements of this section.\n ``(2) Subsections (c)(1) and (d)(2) of section 904 of the \nCongressional Budget Act of 1974 are each amended by inserting `316, ' \nafter `313, '.\n ``(f) Definitions.--As used in this section--\n ``(1) the term `congressionally directed spending item' \n means a provision or report language included primarily at the \n request of a Member of Congress providing, authorizing, or \n recommending a specific amount of discretionary budget \n authority, credit authority, or other spending authority for a \n contract, loan, loan guarantee, grant, loan authority, or other \n expenditure with or to an entity, or targeted to a specific \n State, locality, or congressional district, other than through \n a statutory or administrative formula-driven or competitive \n award process; and\n ``(2) the term `Member of Congress' means a Senator in, a \n Representative in, or a Delegate or Resident Commissioner to, \n the Congress.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by inserting after the item relating to section 315 the \nfollowing new item:\n\n``Sec. 316. Unified and searchable database for congressionally \n directed spending items.''.","summary":"Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items . Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act.","title":"To amend the Congressional Budget Act of 1974 to require Congress to establish a unified and searchable database on a public website for congressional earmarks.","text_len":6269,"sum_len":708} {"bill_id":"115_hr3646","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Water Quality Conservation Act of \n2017''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are as follows:\n (1) To identify and promote the use of innovative and \n effective conservation practices.\n (2) To apply targeted soil and water conservation practices \n at the watershed, sub-watershed, and field scales.\n (3) To increase the use of conservation practices by \n producers.\n (4) To collect data on how the implementation of precision \n conservation practices affects soil health, reduces erosion and \n nutrient runoff of soil, and enhances water quality.\n\nSEC. 3. PRECISION CONSERVATION PILOT PROGRAM.\n\n (a) Pilot Program Authorized.--Section 1240B of the Food Security \nAct of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the \nfollowing new subsection:\n ``(j) Precision Conservation Pilot Program.--\n ``(1) Pilot program authorized.--The Secretary is \n authorized to carry out a precision conservation pilot program \n to provide grants to not more than 10 States to assist \n producers with projects that--\n ``(A) increase nutrient retention in soil;\n ``(B) reduce soil erosion;\n ``(C) reduce nutrient loss from soil;\n ``(D) improve soil health; and\n ``(E) improve water quality.\n ``(2) Applications.--To be eligible to receive a grant \n under paragraph (1), a State shall submit an application at \n such time, in such manner, and containing such information as \n the Secretary may require, including a description of how the \n State will--\n ``(A) collaborate with a partnership of entities, \n which may include State agencies, local governments, \n institutions of higher education, soil and water \n conservation districts, producers, Indian tribes, \n agricultural associations, nonprofit entities, and \n other relevant entities to carry out precision \n conservation pilot programs; and\n ``(B) give priority to assisting producers with \n projects within critical areas, including--\n ``(i) critical conservation areas \n designated under section 1271F; and\n ``(ii) critical watersheds, as defined by \n such State.\n ``(3) Matching funds.--A State awarded a grant under this \n subsection shall provide non-Federal funds, including cash and \n in-kind contributions, in an amount that is at least equal to \n the amount of such grant.\n ``(4) Use of funds.--A State awarded a grant under this \n section may use grant funds only--\n ``(A) to educate and recruit agricultural producers \n to participate in the pilot program;\n ``(B) to provide technical and financial assistance \n to producers that elect to participate in a precision \n conservation pilot program for which the State received \n a grant under this section to create and implement \n precision conservation plans;\n ``(C) to monitor and analyze the effectiveness of \n such precision conservation plans; and\n ``(D) to encourage the use of precision agriculture \n technology to achieve conservation benefits.\n ``(5) Confidentiality.--\n ``(A) In general.--In the case of information \n furnished by a producer or State in order to facilitate \n the creation and implementation of a precision \n conservation plan pursuant to paragraph (4)(B) or \n comply with the reporting requirements under paragraph \n (6)(B), the Secretary, any other officer or employee of \n the Department of Agriculture or agency thereof, or any \n other person may not--\n ``(i) use such information for a purpose \n other than the development or reporting of \n aggregate data under paragraphs (6) and (7) in \n a manner such that the identity of the producer \n who supplied such information is not \n discernible and is not material to the intended \n uses of such information; or\n ``(ii) disclose the information to any \n person or any Federal, State, local, or tribal \n agency outside the Department of Agriculture, \n unless the information has been converted into \n a statistical or aggregate form that does not \n allow the identification of the producer that \n supplied particular information.\n ``(B) Rule of construction.--Nothing in this \n paragraph shall be construed to limit a producer from \n sharing the information furnished by such producer \n pursuant to subparagraph (A).\n ``(6) State reporting.--\n ``(A) Reports to producers.--Not later than 1 year \n after the date on which a State assists a producer with \n the creation of a precision conservation plan pursuant \n to paragraph (4)(B), and each year for the succeeding 4 \n years thereafter, the State shall submit to such \n producer a report that includes an analysis of the \n effectiveness of the precision conservation plan for \n such producer.\n ``(B) Reports to secretary.--\n ``(i) Annual.--Not later than one year \n after the date on which a State receives grant \n funds under this section, and each year for the \n succeeding 3 years thereafter, the State shall \n submit to the Secretary a report that includes \n the data used to create, implement, and analyze \n precision conservation plans pursuant to this \n subsection.\n ``(ii) 5-year report.--Not later than 5 \n years after the date on which a State receives \n grant funds under this section, the State shall \n submit to the Secretary a report that includes \n an analysis of the effectiveness the use of \n grant funds under this subsection has had in \n fostering--\n ``(I) improved soil health;\n ``(II) reduced soil erosion and \n soil runoff;\n ``(III) improved water quality;\n ``(IV) improved understanding of \n the relationship between precision \n agriculture technology and conservation \n improvement; and\n ``(V) the effectiveness of \n different methods used.\n ``(7) Soil nutrient retention database.--\n ``(A) In general.--The Secretary shall use the data \n reported under paragraph (6) to establish and maintain \n a publically available soil nutrient retention database \n that provides--\n ``(i) a compilation and analysis of \n effective conservation practices for nutrient \n management in varying soil compositions, \n cropping systems, slopes, and landscapes; and\n ``(ii) recommended new and effective \n conservation practices for nutrient management.\n ``(B) Funding for database.--The Secretary may \n reserve up to $75,000 of the funds made available under \n subsection (f)(3) to carry out this paragraph.''.\n (b) Allocation of Funding.--Section 1240B(f) of the Food Security \nAct of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the \nfollowing new paragraph:\n ``(3) Precision conservation pilot program.--For each of \n fiscal years 2018 through 2022, at least 5 percent of the funds \n made available for payments under the program shall be targeted \n for the precision conservation pilot program under subsection \n (j).''.","summary":"Water Quality Conservation Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to carry out a precision conservation pilot program to provide grants to up to 10 states to assist producers with projects that: increase nutrient retention in soil, reduce soil erosion, reduce nutrient loss from soil, improve soil health, and improve water quality. States that receive grants under the program must use the funds only to: educate and recruit agricultural producers to participate in the program, provide technical and financial assistance to producers that elect to participate in the program, monitor and analyze the effectiveness of precision conservation plans, and encourage the use of precision agriculture technology to achieve conservation benefits. States that receive grants must submit to USDA and producers reports regarding the effectiveness of the conservation plans and grants. USDA must use the data to establish and maintain a publicly available soil nutrient retention database.","title":"Water Quality Conservation Act of 2017","text_len":9059,"sum_len":1049} {"bill_id":"104_hr1093","text":"TITLE I--RETAILER INTEGRITY\n\n authority to establish authorization periods\n\n Sec. 101. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. \n2018(a)(1)) is amended by adding at the end the following new sentence: \n``The Secretary is authorized to issue regulations establishing \nspecific time periods during which authorization to accept and redeem \ncoupons under the Food Stamp Program shall be valid.''.\n\n specific period for prohibiting participation of stores based on lack \n of business integrity\n\n Sec. 102. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. \n2018(a)(1)), as previously amended by this Act, is amended by adding at \nthe end thereof the following new sentences: ``The Secretary is \nauthorized to issue regulations establishing specific time periods \nduring which a retail food store or wholesale food concern that has an \napplication for approval to accept and redeem coupons denied or that \nhas such an approval withdrawn on the basis of business integrity and \nreputation cannot submit a new application for approval. Such periods \nshall reflect the severity of business integrity infractions that are \nthe basis of such denials or withdrawals.''.\n\n information for verifying eligibility for authorization\n\n Sec. 103. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. \n2018(c)) is amended by--\n (1) inserting after ``submit information'' in the first \n sentence the following: ``, which may include relevant income \n and sales tax filing documents,''; and\n (2) inserting after the first sentence the following new \n sentence: ``The regulations may require retail food stores and \n wholesale food concerns to provide written authorization for \n the Secretary to verify all relevant tax filings with \n appropriate agencies and to obtain corroborating documentation \n from other sources in order that the accuracy of information \n provided by such stores and concerns may be verified.''.\n\n waiting period for stores that initially fail to meet authorization \n criteria\n\n Sec. 104. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. \n2018(d)) is amended by adding at the end thereof the following new \nsentence: ``Regulations issued pursuant to this Act shall prohibit a \nretail food store or wholesale food concern that has an application for \napproval to accept and redeem coupons denied because it does not meet \ncriteria for approval established by the Secretary in regulations from \nsubmitting a new application for six months from the date of such \ndenial.''.\n\n bases for suspensions and disqualifications\n\n Sec. 105. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. \n2021(a)) is amended by adding at the end thereof the following new \nsentence: ``Regulations issued pursuant to this Act shall provide \ncriteria for the finding of violations and the suspension or \ndisqualification of a retail food store or wholesale food concern on \nthe basis of evidence which may include, but is not limited to, facts \nestablished through on-site investigations, inconsistent redemption \ndata or evidence obtained through transaction reports under electronic \nbenefit transfer systems.''.\n\n authority to suspend stores violating program requirements pending \n administrative and judicial review\n\n Sec. 106. (a) Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. \n2021(a)), as previously amended by this Act, is amended by adding at \nthe end thereof the following new sentences: ``Such regulations may \nestablish criteria under which the authorization of a retail food store \nor wholesale food concern to accept and redeem coupons may be suspended \nat the time such store or concern is initially found to have committed \nviolations of program requirements. Such suspension may coincide with \nthe period of a review as provided in section 14 of this Act. The \nSecretary shall not be liable for the value of any sales lost during \nany suspension or disqualification period.''.\n (b) Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) \nis amended by--\n (1) inserting in the first sentence immediately before \n ``disqualified or subjected'' the word ``suspended,'';\n (2) inserting immediately before the period at the end of \n the fifth sentence ``: Provided, That notwithstanding any other \n provision of law, in the case of the suspension of a retail \n food store or wholesale food concern pursuant to section 12(a) \n of this Act, such suspension shall remain in effect pending any \n administrative or judicial review of the proposed \n disqualification action and the period of suspension shall be \n deemed a part of any period of disqualification which is \n imposed.''; and\n (3) striking the last sentence.\n\ndisqualification of retailers who are disqualified from the wic program\n\n Sec. 107. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) \nis amended by adding the following new subsection:\n ``(g) The Secretary shall issue regulations providing criteria for \nthe disqualification of approved retail food stores and wholesale food \nconcerns that are otherwise disqualified from accepting benefits under \nthe Special Supplemental Nutrition Program for Women, Infants and \nChildren (WIC) authorized under section 17 of the Child Nutrition Act \nof 1966. Such disqualification (1) shall be for the same period as the \ndisqualification from the WIC Program, (2) may begin at a later date, \nand (3) notwithstanding the provisions of section 14 of this Act, shall \nnot be subject to administrative or judicial review.''.\n\n permanent debarment of retailers who intentionally submit falsified \n applications\n\n Sec. 108. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) \nis amended by adding the following new subsection:\n ``(h) The Secretary shall issue regulations providing for the \npermanent disqualification of a retail food store or wholesale food \nconcern that is determined to have knowingly submitted an application \nfor approval to accept and redeem coupons which contains false \ninformation about one or more substantive matters which were the basis \nfor providing approval. Any disqualification imposed under this \nsubsection shall be subject to administrative and judicial review \npursuant to section 14 of this Act but such disqualification shall \nremain in effect pending such review.''.\n\nexpanded civil and criminal forfeiture for violations of the food stamp \n act\n\n Sec. 109. (a) Forfeiture of Items Exchanged in Food Stamp \nTrafficking.--Section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. \n2024(g)) is amended by striking ``or intended to be furnished.''\n (b) Civil and Criminal Forfeiture.--Section 15 of the Food Stamp \nAct of 1977 (7 U.S.C. 2024)) is amended by adding the following new \nsubsection:\n ``(h)(1) Civil Forfeiture for Food Stamp Benefit Violations.--\n ``(A) Any food stamp benefits and any property, real or \n personal--\n ``(i) constituting, derived from, or traceable to \n any proceeds obtained directly or indirectly from, or\n ``(ii) used, or intended to be used, to commit, or \n to facilitate,\n the commission of a violation of subsection (b) or subsection \n (c) of this section involving food stamp benefits having an \n aggregate value of not less than $5,000, shall be subject to \n forfeiture to the United States.\n ``(B) The provisions of chapter 46 of title 18, relating to \n civil forfeitures shall extend to a seizure or forfeiture under \n this subsection, insofar as applicable and not inconsistent \n with the provisions of this subsection.\n ``(2) Criminal Forfeiture for Food Stamp Benefit Violations.--\n ``(A)(i) Any person convicted of violating subsection (b) \n or subsection (c) of this section involving food stamp benefits \n having an aggregate value of not less than $5,000, shall \n forfeit to the United States, irrespective of any State law--\n ``(I) any food stamp benefits and any property \n constituting, or derived from, or traceable to any \n proceeds such person obtained directly or indirectly as \n a result of such violation; and\n ``(II) any food stamp benefits and any of such \n person's property used, or intended to be used, in any \n manner or part, to commit, or to facilitate the \n commission of such violation.\n ``(ii) In imposing sentence on such person, the court shall \n order that the person forfeit to the United States all property \n described in this subsection.\n ``(B) All food stamp benefits and any property subject to \n forfeiture under this subsection, any seizure and disposition \n thereof, and any administrative or judicial proceeding relating \n thereto, shall be governed by subsections (b), (c), (e), and \n (g) through (p) of section 413 of the Comprehensive Drug Abuse \n Prevention and Control Act of 1970 (21 U.S.C. 853), insofar as \n applicable and not inconsistent with the provisions of this \n subsection.\n ``(3) This subsection shall not apply to property specified in \nsubsection (g) of this section.\n ``(4) The Secretary may prescribe such rules and regulations as may \nbe necessary to carry out this subsection.''.\n\n expanded authority for sharing information provided by retailers\n\n Sec. 110. (a) Section 205(c)(2)(C)(iii) of the Social Security Act \n(42 U.S.C. 405(c)(2)(C)(iii)) (as amended by section 316(a) of the \nSocial Security Administrative Reform Act of 1994 (Public Law 103-296; \n108 Stat. 1464) is amended by--\n (1) inserting in the first sentence of subclause (II) \n immediately after ``instrumentality of the United States'' the \n following: ``, or State government officers and employees with \n law enforcement or investigative responsibilities, or State \n agencies that have the responsibility for administering the \n Special Supplemental Nutrition Program for Women, Infants and \n Children (WIC)'';\n (2) inserting in the last sentence of subclause (II) \n immediately after ``other Federal'' the words ``or State''; and\n (3) inserting ``or a State'' in subclause (III) immediately \n after ``United States''.\n (b) Section 6109(f)(2) of the Internal Revenue Code of 1986 (26 \nU.S.C. 6109(f)(2)) (as added by section 316(b) of the Social Security \nAdministrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) \nis amended by--\n (1) inserting in subparagraph (A) immediately after \n ``instrumentality of the United States'' the following: ``, or \n State government officers and employees with law enforcement or \n investigative responsibilities, or State agencies that have the \n responsibility for administering the Special Supplemental \n Nutrition Program for Women, Infants and Children (WIC)'';\n (2) inserting in the last sentence of subparagraph (A) \n immediately following ``other Federal'' the words ``or State''; \n and\n (3) inserting ``or a State'' in subparagraph (B) \n immediately after ``United States''.\n\n expanded definition of ``coupon''\n\n Sec. 111. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. \n2012(d)) is amended by striking ``or type of certificate'' and \ninserting in lieu thereof ``type of certificate, authorization cards, \ncash or checks issued in lieu of coupons or access devices, including, \nbut not limited to, electronic benefit transfer cards and personal \nidentification numbers''.\n\n TITLE II--RECIPIENT INTEGRITY\n\n doubled penalties for violating food stamp program requirements\n\n Sec. 201. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. \n2015(b)(1)) is amended by--\n (1) striking in clause (i) ``six months'' and inserting in \n lieu thereof ``1 year''; and\n (2) striking in clause (ii) ``1 year'' and inserting in \n lieu thereof ``2 years''.\n\n mandatory claims collection methods\n\n Sec. 202. (a) Section 11(e)(8) of the Food Stamp Act of 1977 (7 \nU.S.C. 2020(e)(8)) is amended by inserting before the semi-colon at the \nend thereof the following: ``or refunds of Federal taxes as authorized \npursuant to 31 U.S.C. 3720A''.\n (b) Section 13(d) of the Food Stamp Act of 1977 (7 U.S.C. 2022(d)) \nis amended by--\n (1) striking ``may'' and inserting in lieu thereof \n ``shall''; and\n (2) inserting before the period at the end thereof the \n following: ``or refunds of Federal taxes as authorized pursuant \n to 31 U.S.C. 3720A''.\n (c) Section 6103(1) of the Internal Revenue Code (26 U.S.C. \n6103(1)) is amended by--\n (1) striking ``officers and employees'' in paragraph \n (10)(A) and inserting in lieu thereof ``officers, employees or \n agents, including State agencies''; and\n (2) striking ``officers and employees'' in paragraph \n (10)(B) and inserting in lieu thereof ``officers, employees or \n agents, including State agencies''.\n (d) The provisions of this section shall be effective October 1, \n1995.\n\n TITLE III--IMPLEMENTATION AND EFFECTIVE DATES\n\n Sec. 301. Except as otherwise provided in this Act, the provisions \nof this Act shall become effective and be implemented on the date of \nenactment.","summary":"TABLE OF CONTENTS: Title I: Retailer Integrity Title II: Recipient Integrity Title III: Implementation and Effective Dates Title I: Retailer Integrity - Amends the Food Stamp Act of 1977 to authorize the Secretary of Agriculture (Secretary) to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for food stamp program (program) participation. And (2) prohibition of program participation based on lack of business integrity. Includes income and sales tax information among the types of eligibility verification information which may be requested. Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. Authorizes suspension of a store pending administrative and judicial review. Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Provides for permanent disqualification of a store that knowingly submits a falsified application. Expands civil and criminal forfeiture for specified violations of the Act. Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. Amends the Act to expand the definition of coupon. Title II: Recipient Integrity - Amends the Act to increase ineligibility penalties for program violations. Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds mandatory. Title III: Implementation and Effective Dates - Makes the provisions of this Act effective upon enactment unless otherwise provided for.","title":"Entitled \"Food Stamp Program Integrity Act of 1995\".","text_len":13910,"sum_len":1787} {"bill_id":"112_s582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Protection Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Social Security is the most successful and reliable \n social program in our Nation's history.\n (2) For 75 years, through good times and bad, Social \n Security has reliably kept millions of senior citizens, \n individuals with disabilities, and children out of poverty.\n (3) Before President Franklin Roosevelt signed the Social \n Security Act into law on August 14, 1935, approximately half of \n the senior citizens in the United States lived in poverty; less \n than 10 percent of seniors live in poverty today.\n (4) Social Security has succeeded in protecting working \n Americans and their families from devastating drops in \n household income due to lost wages resulting from retirement, \n disability, or the death of a spouse or parent.\n (5) More than 53,000,000 Americans receive Social Security \n benefits, including 36,500,000 retirees and their spouses, \n 9,200,000 veterans, 8,200,000 disabled individuals and their \n spouses, 4,500,000 surviving spouses of deceased workers, and \n 4,300,000 dependent children.\n (6) Social Security has never contributed to the Federal \n budget deficit or the national debt, and benefit cuts should \n not be proposed as a solution to reducing the Federal budget \n deficit.\n (7) Social Security is not in a crisis or going bankrupt, \n as the Social Security Trust Funds have been running surpluses \n for the last quarter of a century.\n (8) According to the Social Security Administration, the \n Social Security Trust Funds currently maintain a \n $2,600,000,000,000 surplus that is project to grow to \n $4,200,000,000,000 by 2023.\n (9) According to the Social Security Administration, even \n if no changes are made to the Social Security program, full \n benefits will be available to every recipient until 2037, with \n enough funding remaining after that date to pay about 78 \n percent of promised benefits.\n (10) According to the Social Security Administration, \n ``money flowing into the [Social Security] trust funds is \n invested in U.S. Government securities . . . the investments \n held by the trust funds are backed by the full faith and credit \n of the U.S. Government. The Government has always repaid Social \n Security, with interest.''.\n (11) All workers who contribute into Social Security \n through the 12.4 percent payroll tax, which is divided equally \n between employees and employers on income up to $106,800, \n deserve to have a dignified and secure retirement.\n (12) Social Security provides the majority of income for \n two-thirds of the elderly population in the United States, with \n approximately one-third of elderly individuals receiving nearly \n all of their income from Social Security.\n (13) Overall, Social Security benefits for retirees \n currently average a modest $14,000 a year, with the average for \n women receiving benefits being less than $12,000 per year.\n (14) Nearly 1 out of every 4 adult Social Security \n beneficiaries has served in the United States military.\n (15) Social Security is not solely a retirement program, as \n it also serves as a disability insurance program for American \n workers who become permanently disabled and unable to work.\n (16) The Social Security Disability Insurance program is a \n critical lifeline for millions of American workers, as a 20-\n year-old worker faces a 30 percent chance of becoming disabled \n before reaching retirement age.\n (17) Proposals to privatize the Social Security program \n would jeopardize the security of millions of Americans by \n subjecting them to the ups-and-downs of the volatile stock \n market as the source of their retirement benefits.\n (18) Raising the retirement age would jeopardize the \n retirement future of millions of American workers, particularly \n those in physically demanding jobs as well as lower-income \n women, African-Americans, and Latinos, all of whom have a much \n lower life expectancy than wealthier Americans.\n (19) Social Security benefits have already been cut by 13 \n percent, as the Normal Retirement Age was raised in 1983 from \n 65 years of age to 67 years of age by 2022.\n (20) According to the Social Security Administration, \n raising the retirement age for future retirees would reduce \n benefits by 6 to 7 percent for each year that the Normal \n Retirement Age is raised.\n (21) Reducing cost-of-living adjustments for current or \n future Social Security beneficiaries would force millions of \n such individuals to choose between heating their homes, putting \n food on the table, or paying for their prescription drugs.\n (22) Social Security is a promise that this Nation cannot \n afford to break.\n\nSEC. 3. LIMITATION ON CHANGES TO THE SOCIAL SECURITY PROGRAM FOR \n CURRENT AND FUTURE BENEFICIARIES.\n\n (a) In General.--Notwithstanding any other provision of law, it \nshall not be in order in the Senate or the House of Representatives to \nconsider, for purposes of the old-age, survivors, and disability \ninsurance benefits program established under title II of the Social \nSecurity Act (42 U.S.C. 401 et seq.), any legislation that--\n (1) increases the retirement age (as defined in section \n 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) or \n the early retirement age (as defined in section 216(l)(2) of \n the Social Security Act (42 U.S.C. 416(l)(2))) for individuals \n receiving benefits under title II of the Social Security Act on \n or after the date of enactment of this Act;\n (2) reduces cost-of-living increases for individuals \n receiving benefits under title II of the Social Security Act on \n or after the date of enactment of this Act, as determined under \n section 215(i) of the Social Security Act (42 U.S.C. 415(i));\n (3) reduces benefit payment amounts for individuals \n receiving benefits under title II of the Social Security Act on \n or after the date of enactment of this Act; or\n (4) creates private retirement accounts for any of the \n benefits individuals receive under title II of the Social \n Security Act on or after the date of enactment of this Act.\n (b) Waiver or Suspension.--\n (1) In the senate.--The provisions of this section may be \n waived or suspended in the Senate only by the affirmative vote \n of two-thirds of the Members, present and voting.\n (2) In the house.--The provisions of this section may be \n waived or suspended in the House of Representatives only by a \n rule or order proposing only to waive such provisions by an \n affirmative vote of two-thirds of the Members, present and \n voting.\n (c) Point of Order Protection.--In the House of Representatives, it \nshall not be in order to consider a rule or order that waives the \napplication of paragraph (2) of subsection (b).\n (d) Motion To Suspend.--It shall not be in order for the Speaker to \nentertain a motion to suspend the application of this section under \nclause 1 of rule XV of the Rules of the House of Representatives.","summary":"Social Security Protection Act of 2011 - Makes it out of order in the Senate or the House of Representatives to consider any legislation that: (1) increases the retirement age or the early retirement age for individuals receiving benefits under title II (OASDI) of the Social Security Act on or after the enactment of this Act, (2) reduces cost-of-living increases for them, (3) reduces benefit payment amounts for them. Or (4) creates private retirement accounts for any of the OSADI benefits they receive.","title":"A bill to establish a point of order against any efforts to reduce benefits paid to Social Security recipients, raise the retirement age, or create private retirement accounts under title II of the Social Security Act.","text_len":7870,"sum_len":507} {"bill_id":"110_hr3207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Security and Foreign Policy \nIntegration Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The United States Government has historically failed to \n adequately and systematically consider energy issues in the \n development of foreign and national security policy.\n (2) Energy issues should be an integral part of the foreign \n and national security policymaking process and should be taken \n into consideration at all stages of policy planning and \n development.\n (3) The United States growing dependence on foreign energy \n supplies constrains its pursuit of a broad range of foreign \n policy and national security goals and objectives.\n (4) The United States growing dependence on foreign energy \n supplies poses increased economic and military vulnerabilities.\n (5) The United States Government is not organized \n efficiently to manage its dependence on foreign sources of \n energy, and a restructuring is needed to better ensure the \n integration of the political, economic, technical, and security \n aspects of energy policymaking through a formal interagency \n process.\n\nSEC. 3. NATIONAL SECURITY COUNCIL REORGANIZATION.\n\n (a) Amendment.--Section 101(a) of the National Security Act of 1947 \n(50 U.S.C. 402(a)) is amended--\n (1) by redesignating paragraphs (5), (6), and (7) as \n paragraphs (6), (7), and (8), respectively; and\n (2) by inserting after paragraph (4) the following:\n ``(5) the Secretary of Energy;''.\n (b) Establishment of a Directorate of Energy.--A Directorate of \nEnergy shall be established within the National Security Council which \nshall be the lead United States Government entity in charge of \nformulating and coordinating the national energy security policy of the \nUnited States. The responsibilities of the Directorate of Energy shall \ninclude--\n (1) directing the development of the national energy \n security strategy of the United States;\n (2) coordinating an interagency approach to the national \n energy security policy of the United States with the Department \n of Energy, the Department of Defense, the Department of State, \n the Department of the Treasury, the Central Intelligence \n Agency, the National Economic Council, and other relevant \n Federal entities, as appropriate, to address the integration of \n national security, foreign, and domestic policy on the national \n energy security policy of the United States;\n (3) coordinating interagency monitoring of international \n and domestic energy developments to gauge their impact on the \n national energy security policy of the United States, and \n implementing changes in such policy as necessary to maintain \n the national security and energy security of the United States;\n (4) identifying foreign sources of energy critical to the \n national energy security of the United States and developing \n strategies in conjunction with the Department of State for \n ensuring United States access to critical foreign energy \n resources;\n (5) developing strategies for reducing United States \n dependence on foreign sources of energy, including demand \n reduction, efficiency improvement, and development of \n alternative and new sources of domestic energy;\n (6) developing strategies to reduce energy infrastructure \n vulnerability to terrorist attacks and natural disasters, both \n domestic and international, to help guard against supply \n disruptions;\n (7) developing strategies in conjunction with the \n Department of State for working with major international \n producers and consumers, including China, Russia, the European \n Union, India, Brazil, and Africa, to minimize politicization of \n global energy resources while ensuring access through global \n energy markets;\n (8) developing strategies in conjunction with the \n Department of State, the Department of the Treasury, and other \n relevant Federal agencies to broaden and enhance the \n capabilities of the International Energy Agency to ensure open \n energy markets and updated cooperative agreements among nations \n regarding development and use of their strategic reserves; and\n (9) developing strategies with industry regarding \n coordination of industry held reserves of oil and refined \n petroleum products.\n\nSEC. 4. QUADRENNIAL ENERGY SECURITY REVIEW.\n\n (a) QESR Required.--Every 4 years, during a year following a year \nevenly divisible by 4, the President shall conduct a quadrennial \nnational energy security review (in this section referred to as a \n``QESR'') to set forth the national energy security strategy of the \nUnited States and to establish short and long term goals to achieve \nenergy security. In preparing the QESR, the President shall consult \nwith--\n (1) members of the National Security Council;\n (2) the Secretary of Energy;\n (3) the Secretary of State;\n (4) the Secretary of Defense;\n (5) the Secretary of the Treasury;\n (6) the Director of the Central Intelligence Agency; and\n (7) Congress.\n (b) Report.--\n (1) In general.--In a year following the year in which a \n QESR is conducted under this section, but not later than the \n date on which the President submits the budget for the next \n fiscal year to Congress under section 1105(a) of title 31, \n United States Code, the President shall submit to Congress a \n report on such QESR. Such report shall describe the national \n energy security strategy of the United States, including a \n comprehensive description of--\n (A) the worldwide interests, goals, and objectives \n of the United States that are vital to the national \n energy security of the United States;\n (B) the foreign policy, worldwide commitments, and \n national defense capabilities of the United States \n necessary--\n (i) to deter political manipulation of \n world energy resources; and\n (ii) to implement the national energy \n security strategy of the United States;\n (C) the proposed short-term and long-term uses of \n the political, economic, military, and other \n authorities of the Unites States--\n (i) to protect or promote energy security \n and markets; and\n (ii) to achieve the goals and objectives \n described in subsection (a);\n (D) the adequacy of the capabilities of the United \n States to protect the national energy security of the \n United States, including an evaluation of the balance \n among the capabilities of all elements of the national \n authority of the United States to support the \n implementation of the national energy security \n strategy;\n (E) an assessment of current Department of Defense \n energy-related vulnerabilities with assessment of \n capabilities and recommendations for overcoming such \n vulnerabilities; and\n (F) such other information as the President \n determines to be necessary to inform Congress on \n matters relating to the national energy security of the \n United States.\n (c) QESR Form.--Each QESR shall be submitted in unclassified form, \nbut may include a classified annex.","summary":"Energy Security and Foreign Policy Integration Act of 2007 - Amends the National Security Act of 1947 to add the Secretary of Energy as a member of the National Security Council (NSC). Establishes within the NSC a Directorate of Energy as the lead government entity for formulating and coordinating US national energy security policy. Directs the President, every four years, to: (1) conduct a quadrennial national energy security review which shall set forth national energy security strategy and establish short- and long-term goals to achieve energy security, and (2) report to Congress on such review.","title":"To provide mechanisms for developing and implementing a national energy security strategy for the United States.","text_len":8181,"sum_len":605} {"bill_id":"103_s1623","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``USDA Debarment Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) dating back to 1986, several Secretaries of Agriculture \n have failed to comply with Executive Order No. 12549, which was \n intended to ensure that the Federal Government did not continue \n to do business with companies that violate the regulations of a \n program of any Executive agency;\n (2) several companies that have violated the regulations of \n programs within the Department of Agriculture (such as programs \n related to international agricultural trade, food and \n nutrition, commodity storage, and livestock trade) continue to \n participate in the programs with respect to which the companies \n have violated the regulations; and\n (3) companies that have violated, and continue to violate, \n regulations governing Department programs have received \n billions of dollars, and continue to monetarily benefit.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) Department.--The term ``Department'' means the United \n States Department of Agriculture.\n (2) Executive agency.--The term ``Executive agency'' has \n the same meaning as is provided in section 105 of title 5, \n United States Code.\n (3) Final determination.--The term ``final determination'' \n means the final decision of the Secretary in a nonprocurement \n debarment proceeding involving a person as to whether the \n person has committed a material violation--\n (A) including a final decision regarding the term \n of the debarment; but\n (B) not including a decision as to whether there is \n sufficient reason for initiation of a nonprocurement \n debarment proceeding.\n (4) Material violation.--The term ``material violation'' \n means an action or series of actions taken by a person that \n constitute a substantial and material violation of a regulation \n of a program of the Department, as determined by the Secretary.\n (5) Nonprocurement debarment.--The term ``nonprocurement \n debarment'' means an action to bar a person from programs and \n activities involving Federal financial and nonfinancial \n assistance offered by the Department, but not including--\n (A) Federal procurement programs and activities;\n (B) contracts entered into by the Commodity Credit \n Corporation under the price support operations and \n other programs of the Corporation with persons in the \n capacities of the persons as agricultural producers;\n (C) conservation programs administered by the \n Secretary; and\n (D) individuals and households who participate in \n nutrition assistance programs administered by the \n Secretary.\n (6) Person.--The term ``person'' means any individual, \n corporation, partnership, association, or other legal entity, \n however organized, who is participating, or has participated, \n in a program or activity of the Department.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n\nSEC. 4. NONPROCUREMENT DEBARMENT.\n\n (a) Initiation of Proceedings.--Except as provided in subsection \n(c), if the Secretary obtains notice of the alleged occurrence of a \nmaterial violation of a regulation of a program or activity of the \nDepartment and the Secretary determines under subsection (b) that there \nis sufficient reason for initiation of a nonprocurement debarment \nproceeding the Secretary shall initiate a nonprocurement debarment \nproceeding against the person not later than 180 days after the \ndetermination.\n (b) Sufficient Reason for Initiation of Nonprocurement Debarment \nProceedings.--Subject to subsection (c), sufficient reason for \ninitiation of a nonprocurement debarment proceeding includes, as \ndetermined by the Secretary--\n (1) the violation of a Federal or State law relevant to the \n integrity or orderly administration of the program or activity \n of the Department in which the person is participating; or\n (2) the commission of an action that may constitute a \n material violation of a regulation applicable to a program or \n activity of the Department.\n (c) Exception.--If the Secretary determines that a decision to \ninitiate a nonprocurement debarment proceeding cannot be made within \nthe 180-day period referred to in subsection (a) because of the need to \nfurther investigate the actions of a person relating to the alleged \nmaterial violation, the Secretary may have such additional time as the \nSecretary considers necessary to make a decision, but not more than 180 \ndays beyond the original 180-day period.\n\nSEC. 5. NONPROCUREMENT DEBARMENT PROCEEDINGS.\n\n (a) Notice and Hearing.--Subsequent to the determination that there \nis sufficient reason for initiation of a nonprocurement debarment \nproceeding under section 4, the Secretary shall provide the person \nagainst whom the proceeding has been initiated with--\n (1) full notice of the allegations;\n (2) the opportunity for an informal hearing not on the \n record, in which the person is provided appropriate due process \n procedures, as determined by the Secretary, including an \n opportunity to rebut any allegation of a material violation;\n (3) notice of the finding of the Secretary on whether 1 or \n more material violations were committed by the person; and\n (4) notice of the appropriate period of debarment.\n (b) Period of Debarment.--Subject to subsection (e), a person \ndetermined to have committed a material violation shall be ineligible \nto participate in the program or activity in which the material \nviolation occurred during the 5-year period beginning on the date of \nthe determination.\n (c) Previous Debarment.--Subject to subsection (e), a person who \nhas been previously debarred by another Executive agency, or has been \npreviously debarred under a nonprocurement debarment proceeding under \nthis Act, who is determined by the Secretary to have committed a \nmaterial violation based on a separate set of factual occurrences, \nshall be permanently debarred from participating in any program or \nactivity of the Department.\n (d) Exhaustion of Administrative Remedies.--Prior to seeking \njudicial review in a court of competent jurisdiction, a person against \nwhom a nonprocurement debarment proceeding has been initiated shall--\n (1) exhaust all administrative procedures prescribed by the \n Secretary; and\n (2) receive notice of the final determination of the \n Secretary.\n (e) Good Faith.--If the Secretary determines that a person, against \nwhom there is sufficient reason for initiation of a nonprocurement \ndebarment proceeding, or against whom a finding of material violation \nhas already been made, committed the act that is the subject of the \nnonprocurement debarment proceeding in good faith, the Secretary may \nreduce or eliminate the applicable periods of debarment specified in \nsubsections (b) and (c).\n (f) Coordination.--To the maximum extent practicable, the Secretary \nshall consolidate and coordinate any nonprocurement debarment action \ntaken under this Act with other adverse actions within the Department, \nincluding other nonprocurement debarment actions.\n (g) Precedence.--This Act shall take precedence over any \nadministrative procedure for debarment that affects the Department, to \nthe extent that the procedure conflicts with this Act.\n\nSEC. 6. REPORT ON CONSISTENT DEBARMENT POLICY.\n\n Not later than 120 days after the date of enactment of this Act, \nthe Director of the Office of Management and Budget shall advise the \nappropriate committees of Congress and the Comptroller General of the \nUnited States as to the appropriateness and usefulness of a policy for \nprocurement debarment and a policy for nonprocurement debarment that \nare applicable all Executive agencies.\n\nSEC. 7. REGULATIONS.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary shall issue regulations to ensure compliance \nwith such provisions of Executive Order No. 12549 as are not in \nconflict with this Act.\n (b) Rulemaking Proceeding.--Not later than 30 days after the date \nof enactment of this Act, the Secretary shall initiate a rulemaking \nproceeding to implement this Act. The rulemaking proceeding shall--\n (1) identify all agencies, programs, and activities that \n are affected by this Act;\n (2) specify what is sufficient reason for initiation of a \n nonprocurement debarment proceeding;\n (3) specify the procedures for the proceeding;\n (4) specify guidelines for the finding of a material \n violation; and\n (5) specify the administrative action to be taken against a \n person found to have committed a material violation.\n\nSEC. 8. TERMINATION OF AUTHORITY.\n\n The authority provided by this Act shall terminate on September 30, \n1999.","summary":"USDA Debarment Act of 1993 - Directs the Secretary of Agriculture to carry out debarment procedures against persons materially violating nonprocurement program regulations.","title":"USDA Debarment Act of 1993","text_len":9468,"sum_len":172} {"bill_id":"114_hr5794","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing America's Facilities, \nEquipment and Rail: Taking Responsibility for American National \nSecurity in Transit Act'' or the ``SAFER TRANSIT Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Nationwide, Americans rely on 6,800 public \n transportation systems for their daily commute. Every weekday, \n public transportation riders take 35,000,000 trips. Public \n transportation significantly improves quality of life, saving \n Americans who live in areas served by public transportation \n systems nearly 865,000,000 hours in travel time annually.\n (2) Increasingly, public transportation is becoming a \n target of terrorist activity.\n (3) In 2004, terrorists simultaneously detonated explosives \n concealed inside backpacks on Madrid's commuter train system, \n killing 191 and injuring nearly 2,000.\n (4) In 2005, four suicide bombers attacked London's public \n transportation system, killing 52.\n (5) In 2011, authorities discovered an improvised \n explosives device near Amtrak and commuter train tracks. The \n same year, German police found multiple firebombs alongside \n high speed rail tracks and in tunnels leading into train \n stations.\n (6) On March 22, 2016, a coordinated terrorist attack \n targeted both the Brussels Airport and a metro station in the \n city killing 32 and injuring nearly 300 travelers.\n (7) According to the Global Terrorism Database, there were \n 57 terror attacks on transportation from 2006 to 2014.\n (8) To ensure the continued effectiveness of public \n transportation, the Federal Government must balance transit \n system security and accessibility.\n (9) The Implementing Recommendations of the 9\/11 Commission \n Act of 2007 (Public Law 110-53), conferred to the Department of \n Homeland Security the responsibility for assuring public \n transportation security.\n (10) A May 2016 report by the Inspector General of the \n Department of Homeland Security found that the Transportation \n Security Administration has limited regulatory oversight of \n Amtrak's passenger security.\n (11) A May 2016 report by the Government Accountability \n Office recommended that the Federal Air Marshal Service \n undertake a number of measures to ensure resources are \n allocated according to risk assessments.\n (12) Congress must provide the agencies and municipalities \n with the necessary resources to combat terrorism, and continue \n to conduct oversight of their effective use.\n\nSEC. 3. RAIL SECURITY.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Secretary of Homeland Security, in coordination with the Office of \nManagement and Budget, shall submit to Congress a report on the plan of \nthe Secretary to expedite the implementation of the requirements of \nsubtitle B of title XV of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to--\n (1) assign rail carriers to high-risk tiers; and\n (2) establish a rail security training program.\n\nSEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.\n\n (a) Authorization of Appropriations.--Section 1303(b) of the \nImplementing Recommendations of the \n9\/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is \namended by striking ``fiscal years 2007 through 2011'' and inserting \n``fiscal years 2016 through 2020''.\n (b) Surface Transportation Security Inspectors.--Section 1304(j) of \nthe Implementing Recommendations of the 9\/11 Commission Act of 2007 \n(Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this \nsection'' and all that follows and inserting ``this section such sums \nas may be necessary for each of fiscal years 2016 through 2020.''.\n\nSEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT.\n\n Section 1409(h) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by \nstriking ``to make grants'' and all that follows and inserting ``to \ncarry out this section such sums as may be necessary for each of fiscal \nyears 2016 through 2020.''.\n\nSEC. 6. RAILROAD SECURITY.\n\n Section 1513(i)(1) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by \nstriking ``Out of funds'' and all that follows and inserting: ``There \nare authorized to be appropriated to the Secretary to carry out this \nsection such sums as necessary for fiscal years 2016 through 2020.''.\n\nSEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE.\n\n Section 1532(k)(1) of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by \nstriking ``From amounts'' and all that follows and inserting ``There \nare authorized to be appropriated to the Secretary to carry out this \nsection such sums as necessary for fiscal years 2016 through 2020.''.\n\nSEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM.\n\n (a) In General.--The Secretary of Homeland Security shall develop a \nprogram, to be known as the ``Local Transit Security Instructor \nTraining Program'', which shall be carried out at the Federal Law \nEnforcement Training Centers.\n (b) Contents.--The program developed under subsection (a) shall be \nan intensive training program designed to--\n (1) cover the comprehensive tactical subject matters \n pertaining to the unique nature of public transit operational \n environments and threats;\n (2) provide high-quality training and instill the \n knowledge, skills, and aptitudes needed for the highest \n proficiency in transit security; and\n (3) leverage the existing skills of trainee officers by \n emphasizing leadership, teach backs, and adult learning as well \n as the traditional technical skills needed by field training \n officers.\n (c) Availability.--The Secretary shall make such program available \nto law enforcement agencies that are eligible for the Homeland Security \nGrant Program under section 2002 of the Homeland Security Act of 2002 \n(6 U.S.C. 603) and have jurisdiction over a geographic area where a \npublic transit system operates rail or bus service.\n\nSEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM.\n\n The Secretary of Homeland Security shall take such steps as may be \nnecessary to ensure that the Federal Air Marshal Service (hereinafter \nin this section referred to as the ``FAMS'') uses its resources to \ncover the highest-risk flights. In carrying out this section, the \nSecretary shall--\n (1) consider risk when determining how to divide the \n international flight coverage resources of the FAMS among \n international destinations, incorporate risk into the method of \n the FAMS for initially setting its annual target numbers of \n average daily international and domestic flights;\n (2) conduct and document a risk assessment to further \n support the domestic resource allocation decisions of the FAMS, \n including the identification of high-priority geographic areas;\n (3) in conducting such risk assessment, evaluate the threat \n environment with regard to each of the different modes of \n transportation supported by the FAMS to inform resource \n allocation decisions, including the identification of high-\n priority modes of transportation;\n (4) document the rationale for the selection of \n international destinations by FAMS for air marshal deployment \n and the proportion of flights to cover at each destination;\n (5) adopt a consistent name and definition for the \n performance measure referred to as the TSA coverage score that \n accurately reflects its calculation method and composite \n nature; and\n (6) report the performance results for each of the \n subcategories that comprise the TSA coverage score to FAMS and \n TSA leadership.","summary":"Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 911 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. Thenbsp, Department of Homeland Securitynbsp. Must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights.","title":"SAFER TRANSIT Act","text_len":8362,"sum_len":641} {"bill_id":"103_hr113","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Buy American Motor Vehicles Act of \n1993''.\n\nSEC. 2. STATEMENT OF PURPOSE.\n\n It is the purpose of this Act to stimulate economic growth by \nencouraging the purchase of new domestic passenger vehicles through the \nprovision of a temporary tax credit, which a purchaser may assign in \nexchange for an equal reduction in the purchase price of the vehicle \nfrom the amount such price would have been if this Act had not been \nenacted.\n\nSEC. 3. TEMPORARY REFUNDABLE CREDIT FOR PURCHASE OF NEW DOMESTIC \n PASSENGER VEHICLES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. PURCHASE OF NEW DOMESTIC PASSENGER VEHICLE.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--In the case of an individual who \n purchases a new domestic passenger vehicle, there shall be \n allowed as a credit against the tax imposed by this chapter for \n the taxable year in which the purchase is made an amount equal \n to the applicable percentage of the purchase price of the \n vehicle.\n ``(2) Applicable percentage.--For purposes of paragraph \n (1), the applicable percentage is--\n ``(A) 15 percent, in the case of a vehicle \n purchased in calendar year 1993, and\n ``(B) 7.5 percent, in the case of a vehicle purchased \n in calendar year 1994.\n ``(3) Limitation.--The credit allowed by paragraph (1) for \n any taxpayer shall not exceed--\n ``(A) $2,000, in the case of taxable years ending \n on or before December 31, 1993, and\n ``(B) $1,000, in the case of taxable years ending \n after such date.\n ``(b) Assignment of Credit.--Under regulations prescribed by the \nSecretary--\n ``(1) an individual qualifying for a credit under \n subsection (a) may, at the time of purchase of the vehicle, \n assign the right to the credit to the retail dealer from whom \n the vehicle is purchased in exchange for a purchase price \n reduction of equal value,\n ``(2) such retail dealer may assign such right to the \n manufacturer of the vehicle, and\n ``(3) such manufacturer shall be allowed to use such credit \n against the tax imposed by this chapter on such manufacturer.\n ``(c) New Domestic Passenger Vehicle.--For purposes of this \nsection--\n ``(1) In general.--The term `new domestic passenger \n vehicle' means any domestic vehicle which--\n ``(A) is a passenger vehicle (within the meaning of \n section 4001(b)), and\n ``(B) is purchased by the taxpayer in the 1st \n retail sale of the vehicle (within the meaning of \n section 4001(a)).\n ``(2) Domestic vehicle.--The term `domestic vehicle' means \n any vehicle if--\n ``(A) the vehicle is produced by a domestic vehicle \n manufacturer at a manufacturing facility located within \n the United States or Canada, and\n ``(B) such manufacturer includes on the label \n required by section 3 of the Automobile Information \n Disclosure Act (15 U.S.C. 1232) information \n concerning--\n ``(i) whether the vehicle is a domestic \n vehicle eligible for the credit allowed by this \n section, and\n ``(ii) the percentage of the value of all \n parts used in the production of the vehicle \n which is attributable to parts produced by \n domestic parts manufacturers.\n ``(3) Domestic manufacturers.--\n ``(A) Domestic vehicle manufacturer.--The term \n `domestic vehicle manufacturer' means a manufacturer \n (whether or not a related source) of motor vehicles \n which--\n ``(i) has 1 or more motor vehicle \n manufacturing facilities located within the \n United States which produce motor vehicles for \n interstate sale or export, or both, and\n (ii) with respect to its production of \n motor vehicles in the facilities referred to in \n clause (i) during the most recently completed \n calendar year, utilized motor vehicle parts \n produced by domestic manufacturers which \n constituted 60 percent or more of the total \n value of all motor vehicle parts used in such \n production.\n ``(B) Domestic parts manufacturer.--The term \n `domestic parts manufacturer' means a manufacturer of \n motor vehicle parts which--\n ``(i) has 1 or more motor vehicle parts \n manufacturing facilities located within the \n United States or Canada, and\n ``(ii) either--\n ``(I) is not a related source,\n ``(II) is not affiliated with a \n related source, or\n ``(III) is affiliated with a \n related source, but with respect to its \n production of motor vehicle parts in \n the facilities referred to in clause \n (i) during the most recent full \n calendar year, utilized materials and \n components produced by, or purchased or \n otherwise obtained (directly or \n indirectly) from, related sources to an \n extent not exceeding 25 percent of the \n total value of such production.\n ``(4) Related sources, ownership, and affiliation.--\n ``(A) Related source.--The term `related source' \n means--\n ``(i) a natural person who is a citizen of \n Japan, and\n ``(ii) a corporation or other legal entity, \n wherever located, if owned or controlled by--\n ``(I) natural persons who are \n citizens of Japan, or\n ``(II) another corporation or other \n legal entity which is owned or \n controlled by natural persons who are \n citizens of Japan, unless such \n corporation or other legal entity would \n qualify as a domestic parts \n manufacturer under paragraph (3)(B).\n ``(B) Own or control.--The term `own or control' \n means--\n ``(i) in the case of a corporation, the \n holding of at least 50 percent (by vote or \n value) of the capital structure of the \n corporation, and\n ``(ii) in the case of any other kind of \n legal entity, the holding of interests \n representing at least 50 percent of the capital \n structure of the entity.\n ``(C) Affiliated.--A domestic parts manufacturer \n shall be considered to be affiliated with a related \n source if--\n ``(i) in the case of a domestic parts \n manufacturer which is a corporation, a related \n source holds at least 2.5 percent but less than \n 50 percent (by vote or value) of the capital \n structure of the corporation, and\n ``(ii) in the case of a domestic parts \n manufacturer which is any other kind of legal \n entity, a related source holds interests \n representing at least 2.5 percent, but less \n than 50 percent, of the capital structure of \n the entity.\n ``(d) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Purchase price.--Purchase price shall be determined \n under rules similar to the rules of section 4011(d)(1).\n ``(2) Value.--The term `value' when applied to--\n ``(A) materials and components used in production \n of motor vehicles parts, or\n ``(B) motor vehicle parts used in the production of \n motor vehicles,\n refers to the cost of such materials, components, or parts to \n the manufacturer of such parts or vehicles as determined for \n purposes of applying this title (including, in the case of \n purchases of materials, components, and parts involving related \n sources, entities owned or controlled by related sources, or \n entities affiliated with related sources, determinations based \n on the application of the transfer price rules).\n ``(3) United states.--The term `United States' includes the \n Commonwealth of Puerto Rico and the possessions of the United \n States.\n ``(e) Regulations.--Not later than 60 days after the date of the \nenactment of this section, the Secretary shall prescribe any \nregulations appropriate to carry out the purposes of this section, \nincluding regulations to prevent the avoidance of any limitation or \nrequirement of this section.\n ``(f) Termination.--This section shall not apply to any vehicle \npurchased after December 31, 1994.''\n (b) Clerical Amendment.--The table of sections for such subpart C \nis amended by striking the item relating to section 35 and inserting \nthe following new items:\n\n ``Sec. 35. Purchase of new domestic \n passenger vehicle.\n ``Sec. 36. Overpayments of tax.''\n (c) Effective Date.--The amendments made by this section shall \napply to vehicles purchased after December 31, 1992.","summary":"Buy American Motor Vehicles Act of 1993 - Amends the Internal Revenue Code to allow a tax credit, for an individual who purchases a new domestic passenger vehicle, of: (1) 15 percent of the purchase price, in the case of a vehicle purchased in 1993. And (2) 7.5 percent, in the case of a vehicle purchased in 1994. Limits the credit to $2,000 in 1993 and $1,000 after such year. Allows an individual qualifying for such credit, at the time of such purchase, to assign the right to the credit to the retail dealer in exchange for a price reduction of equal value. Allows the retailer dealer to assign such right to the manufacturer of the vehicle. Allows manufacturers to use such credit against their tax liability. Defines a domestic parts manufacturer as one with manufacturing facilities within the United States or Canada and who is not Japanese or Japanese-affiliated.","title":"Buy American Motor Vehicles Act of 1993","text_len":10980,"sum_len":873} {"bill_id":"109_hr1773","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Veteran Home Loan \nAct ''.\n\nSEC. 2. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE \n AMERICAN VETERANS.\n\n (a) Permanent Authority.--Section 3761 of title 38, United States \nCode, is amended--\n (1) in subsection (a)--\n (A) by striking ``establish and implement a pilot \n program under which the Secretary may'' in the first \n sentence; and\n (B) by striking ``shall establish and implement the \n pilot program'' in the third sentence and inserting \n ``shall make such loans'';\n (2) in subsection (b), by striking ``In carrying out the \n pilot program under this subchapter, the'' and inserting \n ``The''; and\n (3) by striking subsection (c).\n (b) Conforming Amendments.--Section 3762 of such title is amended--\n (1) in subsection (b)(1)(E), by striking ``the pilot \n program established under this subchapter is implemented'' and \n inserting ``loans under this subchapter are made'';\n (2) in subsection (c)(1)(B), by striking ``carry out the \n pilot program under this subchapter in a manner that \n demonstrates the advisability of making direct housing loans'' \n in the second sentence and inserting ``make direct housing \n loans under this subchapter'';\n (3) in subsection (i)--\n (A) by striking ``the pilot program provided for \n under this subchapter and'' in paragraph (1);\n (B) by striking ``under the pilot program and in \n assisting such organizations and veterans in \n participating in the pilot program.'' in paragraph \n (2)(A) and inserting ``under this subchapter and in \n assisting such organizations and veterans with respect \n to such housing benefits.''; and\n (C) by striking ``in participating in the pilot \n program.'' in paragraph (2)(E) and inserting ``with \n respect to such benefits.'';\n (4) in subsection (j)--\n (A) in the matter preceding paragraph (1)--\n (i) by striking ``through 2006''; and\n (ii) by striking ``the implementation of \n the pilot program'' and inserting ``activities \n conducted''; and\n (B) by striking ``pilot program'' each place it \n appears in paragraphs (3), (4), and (5) and inserting \n ``housing benefits under this subchapter''.\n (c) Establishment of Maximum Amount of Loans.--(1) Subsection \n(c)(1)(B) of section 3762 of such title is amended--\n (A) by striking ``(B) The'' and inserting ``(B)(i) \n The'';\n (B) by striking ``The amount'' in the second \n sentence and inserting ``Subject to clause (ii), the \n amount''; and\n (C) by adding at the end the following new clause:\n ``(ii) The amount of any increase under clause (i) may not exceed \nan amount determined by subtracting--\n ``(I) the amount referred to in subparagraph (A), from\n ``(II) the amount of the Freddie Mac conforming loan limit \n limitation determined under section 305(a)(2) of the Federal \n Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a \n single-family residence, as adjusted for the year involved.''.\n (2) Subsection (j)(1) of such section is amended by inserting \n``referred to in subsection (c)(1)(A)'' before the period at the end.\n (d) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of \nsuch title is amended by inserting ``veteran'' after ``Native \nAmerican''.\n (e) Clerical Amendments.--(1) The heading for subchapter V of \nchapter 37 of such title is amended to read as follows:\n\n ``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.\n\n (2) The heading for section 3761 of such title is amended to read \nas follows:\n``Sec. 3761. Permanent authority to make direct housing loans to Native \n American veterans''.\n (3) The table of sections at the beginning of chapter 37 of such \ntitle is amended by striking the items relating to subchapter V and \nsection 3761 and inserting the following new items:\n\n ``subchapter v--direct housing loans for native american veterans\n``3761. Permanent authority to make direct housing loans to Native \n American veterans.''.\n\nSEC. 3. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN \n VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE \n AMERICAN.\n\n (a) Extension.--Subchapter V of chapter 37 of title 38, United \nStates Code, is amended--\n (1) by redesignating section 3764 as section 3765; and\n (2) by inserting after section 3763 the following new \n section:\n``Sec. 3764. Qualified non-Native American veterans\n ``(a) Subject to the succeeding provisions of this section, for \npurposes of this subchapter, a qualified non-Native American veteran is \ndeemed to be a Native American veteran, except that any reference in \nthis subchapter to the jurisdiction of a tribal organization over a \nNative American veteran is deemed to be a reference to the Native \nAmerican spouse of the qualified non-Native American veteran.\n ``(b) In making direct loans under this subchapter to a qualified \nnon-Native American veteran, the Secretary shall ensure that the tribal \norganization permits, and the qualified non-Native American veteran \nactually holds, possesses, or purchases, using the proceeds of the \nloan, jointly with the Native American spouse of the qualified non-\nNative American veteran, a meaningful interest in the lot, dwelling, or \nboth, that is located on trust land.\n ``(c) Nothing in subsection (b) shall be construed as precluding a \ntribal organization from imposing reasonable restrictions on the right \nof the qualified non-Native American veteran to convey, assign, or \notherwise dispose of such interest in the lot, dwelling, or both if \nsuch restrictions are designed to ensure the continuation in trust \nstatus of the lot, dwelling, or both. Such requirements may include the \ntermination of the interest of the qualified non-Native American \nveteran in the lot, dwelling, or both upon the dissolution of the \nmarriage of the qualified non-Native American veteran to the Native \nAmerican spouse.''.\n (b) Conforming Amendments.--Section 3765 of such title, as \nredesignated by subsection (a), is amended by adding at the end the \nfollowing new paragraph:\n ``(5) The term `qualified non-Native American veteran' \n means a veteran who--\n ``(A) is the spouse of a Native American, but\n ``(B) is not a Native American.''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 37 of such title is amended by striking the item relating to \nsection 3764 and inserting after the item relating to section 3763 the \nfollowing new items:\n\n``3764. Qualified non-Native American veterans.\n``3765. Definitions.''.","summary":"Native American Veteran Home Loan Act - Amends Federal veterans law to: (1) convert into a permanent program the pilot program under which the Secretary of Veterans Affairs may make direct housing loans to Native American veterans. (2) limit the amount of any increase in the principal amount of any direct housing loan made to a Native American. And (3) extend the eligibility for such direct loans to a non-Native American veteran who is the spouse of a Native American.","title":"To amend title 38, United States Code, to make permanent the Native American Veteran Housing Loan Program, and for other purposes.","text_len":7381,"sum_len":472} {"bill_id":"112_s2165","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``United States-Israel Enhanced \nSecurity Cooperation Act of 2012''.\nSEC. 2. FINDINGS.\n Congress makes the following findings:\n (1) Since 1948, United States Presidents and both houses of \n Congress, on a bipartisan basis and supported by the American \n people, have repeatedly reaffirmed the special bond between the \n United States and Israel, based on shared values and shared \n interests.\n (2) The Middle East is undergoing rapid change, bringing with \n it hope for an expansion of democracy but also great challenges to \n the national security of the United States and our allies in the \n region, particularly to our most important ally in the region, \n Israel.\n (3) The Government of the Islamic Republic of Iran is \n continuing its decades-long pattern of seeking to foment \n instability and promote extremism in the Middle East, particularly \n in this time of dramatic political transition.\n (4) At the same time, the Government of the Islamic Republic of \n Iran continues to enrich uranium in defiance of multiple United \n Nations Security Council resolutions.\n (5) A nuclear-weapons capable Iran would fundamentally threaten \n vital United States interests, encourage regional nuclear \n proliferation, further empower Iran, the world's leading state \n sponsor of terror, and pose a serious and destabilizing threat to \n Israel and the region.\n (6) Over the past several years, with the assistance of the \n Governments of the Islamic Republic of Iran and Syria, Hizbollah \n and Hamas have increased their stockpile of rockets, with more than \n 60,000 now ready to be fired at Israel. The Government of the \n Islamic Republic of Iran continues to add to its arsenal of \n ballistic missiles and cruise missiles, which threaten Iran's \n neighbors, Israel, and United States Armed Forces in the region.\n (7) As a result, Israel is facing a fundamentally altered \n strategic environment.\n (8) Pursuant to chapter 5 of title 1 of the Emergency Wartime \n Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. \n 576), the authority to make available loan guarantees to Israel is \n currently set to expire on September 30, 2012.\nSEC. 3. STATEMENT OF POLICY.\n It is the policy of the United States:\n (1) To reaffirm our unwavering commitment to the security of \n the State of Israel as a Jewish state. As President Barack Obama \n stated on December 16, 2011, ``America's commitment and my \n commitment to Israel and Israel's security is unshakeable.'' And as \n President George W. Bush stated before the Israeli Knesset on May \n 15, 2008, on the 60th anniversary of the founding of the State of \n Israel, ``The alliance between our governments is unbreakable, yet \n the source of our friendship runs deeper than any treaty.''.\n (2) To help the Government of Israel preserve its qualitative \n military edge amid rapid and uncertain regional political \n transformation.\n (3) To veto any one-sided anti-Israel resolutions at the United \n Nations Security Council.\n (4) To support Israel's inherent right to self-defense.\n (5) To pursue avenues to expand cooperation with the Government \n of Israel both in defense and across the spectrum of civilian \n sectors, including high technology, agriculture, medicine, health, \n pharmaceuticals, and energy.\n (6) To assist the Government of Israel with its ongoing efforts \n to forge a peaceful, negotiated settlement of the Israeli-\n Palestinian conflict that results in two states living side-by-side \n in peace and security, and to encourage Israel's neighbors to \n recognize Israel's right to exist as a Jewish state.\n (7) To encourage further development of advanced technology \n programs between the United States and Israel given current trends \n and instability in the region.\nSEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND \nPROTECT UNITED STATES INTERESTS.\n It is the sense of Congress that the United States Government \nshould take the following actions to assist in the defense of Israel:\n (1) Seek to enhance the capabilities of the Governments of the \n United States and Israel to address emerging common threats, \n increase security cooperation, and expand joint military exercises.\n (2) Provide the Government of Israel such support as may be \n necessary to increase development and production of joint missile \n defense systems, particularly such systems that defend against the \n urgent threat posed to Israel and United States forces in the \n region.\n (3) Provide the Government of Israel assistance specifically \n for the production and procurement of the Iron Dome defense system \n for purposes of intercepting short-range missiles, rockets, and \n projectiles launched against Israel.\n (4) Provide the Government of Israel defense articles and \n defense services through such mechanisms as appropriate, to include \n air refueling tankers, missile defense capabilities, and \n specialized munitions.\n (5) Provide the Government of Israel additional excess defense \n articles, as appropriate, in the wake of the withdrawal of United \n States forces from Iraq.\n (6) Examine ways to strengthen existing and ongoing efforts, \n including the Gaza Counter Arms Smuggling Initiative, aimed at \n preventing weapons smuggling into Gaza pursuant to the 2009 \n agreement following the Israeli withdrawal from Gaza, as well as \n measures to protect against weapons smuggling and terrorist threats \n from the Sinai Peninsula.\n (7) Offer the Air Force of Israel additional training and \n exercise opportunities in the United States to compensate for \n Israel's limited air space.\n (8) Work to encourage an expanded role for Israel with the \n North Atlantic Treaty Organization (NATO), including an enhanced \n presence at NATO headquarters and exercises.\n (9) Expand already-close intelligence cooperation, including \n satellite intelligence, with Israel.\nSEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN \nINTERESTS.\n (a) Extension of War Reserves Stockpile Authority.--\n (1) Department of defense appropriations act, 2005.--Section \n 12001(d) of the Department of Defense Appropriations Act, 2005 \n (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more \n than 8 years after'' and inserting ``more than 10 years after''.\n (2) Foreign assistance act of 1961.--Section 514(b)(2)(A) of \n the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is \n amended by striking ``fiscal years 2011 and 2012'' and inserting \n ``fiscal years 2013 and 2014''.\n (b) Extension of Loan Guarantees to Israel.--Chapter 5 of title I \nof the Emergency Wartime Supplemental Appropriations Act, 2003 (Public \nLaw 108-11; 117 Stat. 576) is amended under the heading ``Loan \nGuarantees to Israel''--\n (1) in the matter preceding the first proviso, by striking \n ``September 30, 2011'' and inserting ``September 30, 2015''; and\n (2) in the second proviso, by striking ``September 30, 2011'' \n and inserting ``September 30, 2015''.\nSEC. 6. REPORTS REQUIRED.\n (a) Report on Israel's Qualitative Military Edge (QME).--\n (1) In general.--Not later than 180 days after the date of the \n enactment of this Act, the President shall submit to the Committee \n on Foreign Relations of the Senate and the Committee on Foreign \n Affairs of the House of Representatives a report on the status of \n Israel's qualitative military edge in light of current trends and \n instability in the region.\n (2) Substitution for quadrennial report.--If submitted within \n one year of the date that the first quadrennial report required by \n section 201(c)(2) of the Naval Vessel Transfer Act of 2008 (Public \n Law 110-429; 22 U.S.C. 2776 note) is due to be submitted, the \n report required by paragraph (1) may substitute for such \n quadrennial report.\n (b) Reports on Other Matters.--Not later than 180 days after the \ndate of the enactment of this Act, the President shall submit to the \nappropriate congressional committees a report on each of the following \nmatters:\n (1) Taking into account the Government of Israel's urgent \n requirement for F-35 aircraft, actions to improve the process \n relating to its purchase of F-35 aircraft, particularly with \n respect to cost efficiency and timely delivery.\n (2) Efforts to expand cooperation between the United States and \n Israel in homeland security, counter-terrorism, maritime security, \n energy, cyber-security, and other related areas.\n (3) Actions to integrate Israel into the defense of the Eastern \n Mediterranean.\nSEC. 7. DEFINITIONS.\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Relations, and the Select \n Committee on Intelligence of the Senate; and\n (B) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Affairs, and the Permanent \n Select Committee on Intelligence of the House of \n Representatives.\n (2) Qualitative military edge.--The term ``qualitative military \n edge'' has the meaning given the term in section 36(h)(2) of the \n Arms Export Control Act (22 U.S.C. 2776(h)(2)).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"United States-Israel Enhanced Security Cooperation Act of 2012 - States that it is US policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) support Israel's right to self-defense and help Israel preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side-by-side in peace and security, and (5) veto any one-sided anti-Israel U. N. Security Council resolutions. Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense, including: (1) enhancing development and production of joint missile defense systems, (2) providing appropriate defense articles and services, (3) strengthening security initiatives and bilateral training exercises, and (4) encouraging an expanded role for Israel with the North Atlantic Treaty Organization (NATO). Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles. Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend specified loan guarantee authority to Israel. Directs the President to submit reports to Congress regarding: (1) the status of Israel's qualitative military edge. (2) actions that could improve the process related to Israel's purchase of F-35 aircraft. (3) cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas. And (4) actions to integrate Israel into the defense of the Eastern Mediterranean.","title":"A bill to enhance strategic cooperation between the United States and Israel, and for other purposes.","text_len":10008,"sum_len":1815} {"bill_id":"112_hr6404","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Delphi Pensions Restoration Act of \n2012''.\n\nSEC. 2. SALE OF TROUBLED ASSETS TO FUND CERTAIN PENSION BENEFITS.\n\n (a) In General.--Subsection (d) of section 106 of the Emergency \nEconomic Stabilization Act of 2008 (12 U.S.C. 5216) is amended to read \nas follows:\n ``(d) Disposition of Revenues.--\n ``(1) Transfer to treasury.--Except as provided in \n paragraph (2), revenues of, and proceeds from the sale of \n troubled assets purchased under this Act, or from the sale, \n exercise, or surrender of warrants or senior debt instruments \n acquired under section 113 shall be paid into the general fund \n of the Treasury for reduction of the public debt.\n ``(2) Funding of certain pension benefits.--Proceeds from \n the sale or transfer, after the date of the enactment of the \n Delphi Pensions Restoration Act of 2012, of any stock, warrant, \n or financial instrument acquired by the Secretary in connection \n with providing financial assistance to the General Motors \n Corporation under this Act shall be transferred to the Delphi \n Retired Employees Fund established under section 3 of such \n Act.''.\n\nSEC. 3. DELPHI RETIRED EMPLOYEES FUND.\n\n (a) Establishment of Fund.--There is established on the books of \nthe Treasury of the United States a Delphi Retired Employees Fund \n(hereinafter in this section referred to as the ``Fund'') to be used by \nthe Secretary of the Treasury in making the payments required under \nsubsection (b).\n (b) Payments From the Fund.--The Fund shall be available--\n (1) for paying to each eligible separated employee (on a \n lump sum basis, if appropriate) an amount equal to--\n (A) the nonforfeitable benefits to which such \n employee was entitled under a defined benefit plan \n described in subsection (d) as in effect immediately \n before the termination of the plan, but which are not \n payable to such employee by reason of the termination \n of the plan; reduced by\n (B) the amounts paid to such employee by the \n Pension Benefit Guaranty Corporation under section \n 4022(a) of the Employee Retirement Security Act of 1974 \n (29 U.S.C. 1322(a)); and\n (2) for paying the operational and administrative expenses \n in connection with the operation of the Fund, including \n reimbursement of expenses incurred by the Pension Benefit \n Guaranty Corporation in connection with the information sharing \n requirements of subsection (e).\n (c) Eligible Separated Employee.--For purposes of this section, the \nterm ``eligible separated employee'' means any individual--\n (1) who is separated from employment with Delphi \n Corporation before the date of the enactment of this Act;\n (2) who was a participant in a defined benefit plan \n described in subsection (d); and\n (3) who is not covered by any agreement between the General \n Motors Corporation and participants in such a defined benefit \n plan under which the General Motors Corporation provides to the \n participants that are covered by the agreement a payment of \n nonforfeitable benefits in an amount equal to the amount that \n such participants would have been entitled to receive under the \n plan but for the termination of such plan.\n (d) Defined Benefit Plans Described.--A defined benefit plan \ndescribed in this subsection is a defined benefit plan--\n (1) that was terminated before the date of the enactment of \n this Act pursuant to a proceeding under title 11, United States \n Code;\n (2) that was sponsored by the Delphi Corporation before the \n date of such termination; and\n (3) with respect to which the Pension Benefit Guaranty \n Corporation is administering, as of such date of enactment, the \n payment of the nonforfeitable benefits guaranteed under section \n 4022(a) of the Employee Retirement Security Act of 1974 (29 \n U.S.C. 1322(a)).\n (e) Information Sharing by Pension Benefit Guaranty Corporation.--\nThe Pension Benefit Guaranty Corporation shall provide to the Secretary \nof the Treasury such information as the Secretary of the Treasury may \nrequest to assist in determining the amount of each payment required to \nbe made under subsection (b)(1).\n (f) Investment of the Fund.--Whenever the Secretary of the Treasury \ndetermines that the moneys of the Fund are in excess of current needs, \nthe Secretary of the Treasury may invest such amounts as such Secretary \ndeems advisable in obligations issued or guaranteed by the United \nStates. Earnings on investment under the preceding sentence shall be \ncredited to the Fund.\n\nSEC. 4. APPLICATION TO PENDING LITIGATION.\n\n Nothing in this Act shall be construed to invalidate, vitiate, or \notherwise interfere with any legal or administrative proceeding \ninitiated prior to the date of the enactment of this Act.","summary":"Delphi Pensions Restoration Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 to require transfer to the Delphi Retired Employees Fund of all proceeds from the sale or transfer, after enactment of this Act, of any stock, warrant, or financial instrument acquired by the Secretary of the Treasury in connection with providing financial assistance to the General Motors Corporation (GM). Establishes the Delphi Retired Employees Fund in the Treasury for payments to eligible employees separated from Delphi Corporation who participated in a now terminated Delphi-sponsored defined benefit plan, but who are not covered by any agreement between GM and participants in another defined benefit plan under which GM pays covered participants nonforfeitable benefits equal to the amount they would have been entitled to receive under the plan but for the plan's termination. Makes the Fund available to pay each eligible separated employee an amount equal to such nonforfeitable benefits, reduced by any amounts already paid the employee by the Pension Benefit Guaranty Corporation (PBGC) under the Employee Retirement Security Act of 1974 (ERISA).","title":"To make available funds from the Emergency Economic Stabilization Act of 2008 for funding pension benefits with respect to former employees of Delphi Corporation.","text_len":5240,"sum_len":1160} {"bill_id":"109_hr1191","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Marine Scholarship Act of \n2005''.\n\nSEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Administration.--The term ``Administration'' means the \n National Oceanic and Atmospheric Administration.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of the National Oceanic and Atmospheric \n Administration.\n (3) Institution of higher education.--The term \n ``institution of higher education'' has the meaning that term \n has under section 101(a) of the Higher Education Act of 1965 \n (20 U.S.C. 1001(a)).\n (4) Program.--The term ``Program'' means the National \n Marine Scholarship Program established by the Administrator \n under this section.\n (b) Establishment of Program.--\n (1) Requirement.--The Administrator shall establish a \n National Marine Scholarship Program that is designed to recruit \n and prepare students for careers in the fields of marine \n science. Under the program, the Secretary shall award \n scholarships for those academic programs and fields of study \n described in the list made available under subsection (d).\n (2) Employment obligation.--As a condition of the award of \n each scholarship under the Program, the Administrator shall \n require the recipient to enter into a contractual agreement \n under which the individual is obligated to serve as a full-time \n employee of the Administration in a position needed by the \n Administration and for which the individual is qualified, for a \n period of time to be determined by the Administrator and stated \n in the contractual agreement. If a full-time equivalent \n position is not available within the Administration at the time \n the scholarship recipient is obligated begin their employment, \n the scholarship recipient may fulfill such employment \n obligation in a full-time position in another Federal agency \n with administrative jurisdiction over programs relating to the \n marine environment that is approved by the Administrator.\n (c) Eligibility Criteria.--In order to be eligible for a \nscholarship under the program, an individual must--\n (1) be enrolled or accepted for enrollment as a full-time \n graduate student at an institution of higher education in an \n academic program and field of study described in the list made \n available under subsection (d);\n (2) be a United States citizen or national or a permanent \n resident of the United States; and\n (3) at the time of the initial scholarship award, not be an \n employee of the Administration.\n (d) Eligible Academic Programs and Fields of Study.--The \nAdministrator shall make publicly available a list of academic programs \nand fields of study for which scholarships under this section may be \nused, and shall update the list as necessary.\n (e) Competitive Award Process.--\n (1) In general.--Under the Program, the Administrator shall \n award scholarships to individuals who are selected through a \n competitive process--\n (A) under which awards are made primarily on the \n basis of academic merit;\n (B) in which consideration is given to promoting \n the participation in the Program by individuals \n referred to in section 33 or 34 of the Science and \n Engineering Equal Opportunities Act (42 U.S.C. 1885a, \n 1885b); and\n (C) in which consideration may be given to \n financial need.\n (2) Application.--An individual seeking a scholarship under \n this section shall submit an application to the Administrator \n at such time, in such manner, and containing such information, \n agreements, or assurances as the Administrator may require.\n (f) Scholarship Limits.--\n (1) Number of academic years.--An individual may not \n receive a scholarship under this section for a masters degree \n program for more than 2 academic years, or for a doctorate \n program for more than 4 academic years, except as specifically \n authorized by a waiver issued by the Administrator.\n (2) Dollar amount.--The dollar amount of a scholarship \n under this section shall not exceed the cost of attendance, as \n such cost is determined in accordance with section 472 of the \n Higher Education Act of 1965 (20 U.S.C. 1087).\n (3) Use.--Amounts received as a scholarship under this \n section may be expended only for tuition, fees, and other \n expenses authorized by regulations issued by the Administrator.\n (4) Payment of scholarship amounts.--The Administrator may \n enter into a contractual agreement with an institution of \n higher education with respect to which a scholarship is \n provided under this section, under which the amounts provided \n as the scholarship for tuition, fees, and other authorized \n expenses are paid directly to the institution.\n (g) Period of Service Under Employment Obligation.--\n (1) General requirement.--Except as provided in subsection \n (i)(2), the period of service for which an individual shall be \n obligated to serve as an employee of the Administration \n pursuant to this section shall be determined by the \n Administrator in accordance with subsection (b)(2).\n (2) Beginning of service.--\n (A) General rule.--Except as provided in \n subparagraph (B), obligated service under subsection \n (b)(2) shall begin not later than 60 days after the \n date on which individual obtains the educational degree \n for which the scholarship was provided.\n (B) Deferral.--The Administrator may defer the \n beginning of obligated service under subsection (b)(2) \n if the Administrator determines that such a deferral is \n appropriate. The Administrator shall by regulation \n prescribe the terms and conditions under which a \n service obligation may be deferred under this \n subparagraph.\n (h) Repayment.--\n (1) Failure to perform academically.--\n (A) Breach of obligation.--A recipient of a \n scholarship under this section shall be in breach of \n the recipient's contractual agreement under this \n section if the recipient--\n (i) fails to maintain a high level of \n academic standing, as defined by the \n Administrator by regulation;\n (ii) is dismissed from the recipient's \n educational institution for disciplinary \n reasons; or\n (iii) voluntarily terminates academic \n training before graduation from the educational \n program for which the scholarship was awarded.\n (B) Penalty.--A recipient of a scholarship who \n under subparagraph (A) is in breach of the recipient's \n contractual agreement--\n (i) shall be liable to the United States \n for repayment, within 2 years after the date of \n the breach, of all amounts paid under the \n scholarship to the recipient or to an \n institution of higher education on the \n recipient's behalf; and\n (ii) shall not be required to fulfill any \n employment obligation under such agreement.\n (2) Failure to fulfill employment obligation.--\n (A) Breach of obligation.--A recipient of a \n scholarship under this section shall be in breach of \n the recipient's contractual agreement under this \n section if the recipient--\n (i) fails to begin or complete the \n recipient's employment obligation under this \n section; or\n (ii) fails to comply with the terms and \n conditions of deferment established by the \n Administrator pursuant to subsection (g)(2)(B).\n (B) Penalty.--A recipient of a scholarship who \n under subparagraph (A) is in breach of the recipient's \n contractual agreement shall be liable for payment to \n the United States, within 3 years, of an amount equal \n to--\n (i) the total amount of scholarships \n received by such individual under this section; \n plus\n (ii) interest on the total amount of such \n scholarships at a rate that is equivalent to \n the rate of interest that would apply under \n section 427A of the Higher Education \n Authorization Act of 1965 if the scholarships \n were loans to cover the cost of education (as \n that term is used in that section).\n (i) Cancellation or Waiver.--\n (1) In general.--Any obligation of an individual incurred \n under this section for service or payment shall be canceled \n upon the death of the individual.\n (2) Waiver or suspension of any obligation by \n administrator.--The Administrator shall by regulation provide \n for the partial or total waiver or suspension of any obligation \n of employment or payment incurred by an individual under this \n section (including any contractual agreement under this \n section), if--\n (A) compliance by the individual is impossible or \n would involve extreme hardship to the individual; or\n (B) enforcement of such obligation with respect to \n the individual would be contrary to the best interests \n of the Government.\n (j) Report to Congress.--Not later than 2 years after the date of \nthe enactment of this Act, and every 2 years thereafter, the \nAdministrator shall transmit a report to the Congress that addresses \neach of the following:\n (1) The effectiveness of the National Marine Scholarship \n Program established under this section in increasing the number \n of marine science-related service professionals.\n (2) The effectiveness of such program in preparing \n scholarship recipients for temporary jobs within the \n Administration or other marine-related Federal agencies.\n (k) Deadline for Regulations.--The Administrator shall issue such \nregulations as are necessary to carry out this section by not later \nthan 90 days after the date of the enactment of this Act.\n (l) Authorization of Appropriations.--Of the amounts authorized for \neach of fiscal years 2005 through 2010 for programs administered by the \nNational Oceanic and Atmospheric Administration, $5,000,000 shall be \navailable for the National Marine Scholarship Program established under \nthis section.","summary":"National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science. Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment.","title":"To establish a National Marine Scholarship Program to recruit and prepare graduate students for careers in the fields of marine science, and for other purposes.","text_len":11798,"sum_len":455} {"bill_id":"108_s1797","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Antitrust Criminal Penalty \nEnhancement and Reform Act of 2003''.\n\n TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES\n\nSEC. 101. SUNSET.\n\n (a) In General.--Except as provided in subsection (b), the \nprovisions of sections 101 through 104 shall cease to have effect 5 \nyears after the date of enactment of this Act.\n (b) Exception.--With respect to an applicant who has entered into \nan antitrust leniency agreement on or before the date on which the \nprovisions of sections 101 through 104 of this title shall cease to \nhave effect, the provisions of sections 101 through 104 of this title \nshall continue in effect.\n\nSEC. 102. DEFINITIONS.\n\n In this title:\n (1) Antitrust division.--The term ``Antitrust Division'' \n means the United States Department of Justice Antitrust \n Division.\n (2) Antitrust leniency agreement.--The term ``antitrust \n leniency agreement,'' or ``agreement,'' means a leniency letter \n agreement, whether conditional or final, between a person and \n the Antitrust Division pursuant to the Corporate Leniency \n Policy of the Antitrust Division in effect on the date of \n execution of the agreement.\n (3) Antitrust leniency applicant.--The term ``antitrust \n leniency applicant,'' or ``applicant,'' means, with respect to \n an antitrust leniency agreement, the person that has entered \n into the agreement.\n (4) Claimant.--The term ``claimant'' means a person or \n class, that has brought, or on whose behalf has been brought, a \n civil action described in section 104(1), except that the term \n does not include a State or a subdivision of a State with \n respect to a civil action brought to recover damages sustained \n by the State or subdivision.\n (5) Cooperating individual.--The term ``cooperating \n individual'' means, with respect to an antitrust leniency \n agreement, a current or former director, officer, or employee \n of the antitrust leniency applicant who is covered by the \n agreement.\n (6) Person.--The term ``person'' has the meaning given it \n in subsection (a) of the first section of the Clayton Act.\n\nSEC. 103. LIMITATION ON RECOVERY.\n\n (a) In General.--Subject to subsection (d), in any civil action \nalleging a violation of section 1 or 3 of the Sherman Act, or alleging \na violation of any similar State law, based on conduct covered by a \ncurrently effective antitrust leniency agreement, the amount of damages \nrecovered by or on behalf of a claimant from an antitrust leniency \napplicant who satisfies the requirements of subsection (b), together \nwith the amounts so recovered from cooperating individuals who satisfy \nsuch requirements, shall not exceed that portion of the actual damages \nsustained by such claimant which is attributable to the commerce done \nby the applicant in the goods or services affected by the violation.\n (b) Requirements.--Subject to subsection (c), an antitrust leniency \napplicant or cooperating individual satisfies the requirements of this \nsubsection with respect to a civil action described in subsection (a) \nif the court in which the civil action is brought determines that the \napplicant or cooperating individual, as the case may be, has provided \nsatisfactory cooperation to the claimant with respect to the civil \naction, which cooperation shall include--\n (1) providing a full account to the claimant of all facts \n known to the applicant or cooperating individual, as the case \n may be, that are potentially relevant to the civil action;\n (2) furnishing all documents or other items potentially \n relevant to the civil action that are in the possession, \n custody, or control of the applicant or cooperating individual, \n as the case may be, wherever they are located; and\n (3)(A) in the case of a cooperating individual--\n (i) making himself or herself available for such \n interviews, depositions, or testimony in connection \n with the civil action as the claimant may reasonably \n require; and\n (ii) responding completely and truthfully, without \n making any attempt either falsely to protect or falsely \n to implicate any person or entity, and without \n intentionally withholding any potentially relevant \n information, to all questions asked by the claimant in \n interviews, depositions, trials, or any other court \n proceedings in connection with the civil action; or\n (B) in the case of an antitrust leniency applicant, using \n its best efforts to secure and facilitate from cooperating \n individuals covered by the agreement the cooperation described \n in paragraphs (1) and (2) and subparagraph (A).\n (c) Timelines.--If the initial contact by the antitrust leniency \napplicant with the Antitrust Division regarding conduct covered by the \nantitrust leniency agreement occurs after a civil action described in \nsubsection (a) has been filed, then the court shall consider, in making \nthe determination concerning satisfactory cooperation described in \nsubsection (b), the timeliness of the applicant's initial cooperation \nwith the claimant.\n (d) Continuation.--Nothing in this section shall be construed to \nmodify, impair, or supersede the provisions of sections 4, 4A, and 4C \nof the Clayton Act relating to the recovery of costs of suit, including \na reasonable attorney's fee, and interest on damages, to the extent \nthat such recovery is authorized by such sections.\n\nSEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED.\n\n Nothing in this title shall be construed to--\n (1) affect the rights of the Antitrust Division to seek a \n stay or protective order in a civil action based on conduct \n covered by an antitrust leniency agreement to prevent the \n cooperation described in section 103(b) from impairing or \n impeding the investigation or prosecution by the Antitrust \n Division of conduct covered by the agreement; or\n (2) create any right to challenge any decision by the \n Antitrust Division with respect to an antitrust leniency \n agreement.\n\nSEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS.\n\n (a) Restraint of Trade Among the States.--Section 1 of the Sherman \nAct (15 U.S.C. 1) is amended by--\n (1) striking ``$10,000,000'' and inserting \n ``$100,000,000'';\n (2) striking ``$350,000'' and inserting ``$1,000,000''; and\n (3) striking ``three'' and inserting ``10''.\n (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) \nis amended by--\n (1) striking ``$10,000,000'' and inserting \n ``$100,000,000'';\n (2) striking ``$350,000'' and inserting ``$1,000,000''; and\n (3) striking ``three'' and inserting ``10''.\n (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15 \nU.S.C. 3) is amended by--\n (1) striking ``$10,000,000'' and inserting \n ``$100,000,000'';\n (2) striking ``$350,000'' and inserting ``$1,000,000''; and\n (3) striking ``three'' and inserting ``10''.\n (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines \nManual promulgated by the Sentencing Commission pursuant to section \n994(a) of title 28, United States Code, is amended as follows:\n (1) Section 2R1.1(a) is amended by striking ``10'' and \n inserting ``14''.\n (2) The volume of commerce table in section 2R1.1(b)(2) is \n amended to read as follows:\n ``(2) If the volume of commerce attributable to the \n defendant was more than $5,000,000, adjust the offense level as \n follows:\n\n``Volume of Adjustment to\nCommerce (Apply the Greatest): Offense Level:\n More than $5,000,000.......................... add 1 \n More than $10,000,000......................... add 2 \n More than $20,000,000......................... add 4 \n More than $40,000,000......................... add 6 \n More than $80,000,000......................... add 8 \n More than $160,000,000........................ add 10 \n More than $320,000,000........................ add 12 \n More than $640,000,000........................ add 14 \n More than $1,000,000,000...................... add 16.''.\n (3) Section 2R1.1(c)(1) is amended by striking ``$20,000'' \n and inserting ``$50,000''.\n\n TITLE II--TUNNEY ACT REFORM\n\nSEC. 201. PUBLIC INTEREST DETERMINATION.\n\n Section 5 of the Clayton Act (15 U.S.C. 16) is amended--\n (1) in subsection (d), by inserting at the end the \n following: ``Upon application by the United States, the \n district court may, for good cause (based on a finding that the \n expense of publication in the Federal Register exceeds the \n public interest benefits to be gained from such publication), \n authorize an alternative method of public dissemination of the \n public comments received and the response to those comments.''; \n and\n (2) in subsection (e)--\n (A) in the matter before paragraph (1), by--\n (i) inserting ``independently'' after \n ``shall'';\n (ii) striking ``court may'' and inserting \n ``court shall''; and\n (iii) inserting ``(1)'' before ``Before''; \n and\n (B) striking paragraphs (1) and (2) and inserting \n the following:\n ``(A) the competitive impact of such judgment, including \n termination of alleged violations, provisions for enforcement \n and modification, duration of relief sought, anticipated \n effects of alternative remedies actually considered, whether \n its terms are ambiguous and any other competitive \n considerations bearing upon the adequacy of such judgment \n necessary to a determination of whether the consent judgment is \n in the public interest; and\n ``(B) the impact of entry of such judgment upon competition \n in the relevant market or markets, upon the public generally \n and individuals alleging specific injury from the violations \n set forth in the complaint including consideration of the \n public benefit, if any, to be derived from a determination of \n the issues at trial.\n ``(2) The Court shall not enter any consent judgment proposed by \nthe United States under this section unless it finds that there is \nreasonable belief, based on substantial evidence and reasoned analysis, \nto support the United States' conclusion that the consent judgment is \nin the public interest. In making its determination as to whether entry \nof the consent judgment is in the public interest, the Court shall not \nbe limited to examining only the factors set forth in this subsection, \nbut may consider any other factor relevant to the competitive impact of \nthe judgment.''.","summary":"Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation . Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action. And (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control. Amends: (1) the Sherman Act to increase maximum prison sentences and raise the maximum fine for individuals for restraint of trade among the States, monopolizing trade, and other restraints of trade. And (2) the Antitrust Procedures and Penalties Act to require the court to consider specified factors, including the competitive impact of a judgment.","title":"A bill to implement antitrust enforcement enhancements and cooperation incentives.","text_len":11619,"sum_len":1332} {"bill_id":"103_hr669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Saving and Investment Act of 1993''.\n\nSEC. 2. ALLOWANCE OF DEDUCTION FOR DIVIDENDS PAID BY DOMESTIC \n CORPORATIONS.\n\n (a) In General.--Section 243 of the Internal Revenue Code of 1986 \n(relating to dividends received by corporations) is amended to read as \nfollows:\n\n``SEC. 243. DIVIDENDS PAID BY DOMESTIC CORPORATIONS.\n\n ``(a) General Rule.--In the case of a domestic corporation which is \nsubject to taxation under this chapter, there shall be allowed as a \ndeduction for the taxable year an amount equal to the dividends paid by \nsuch corporation during the taxable year.\n ``(b) Dividends.--For purposes of this section, the term `dividend' \nmeans any dividend (as defined in section 316) to which section 301 \napplies.\n ``(c) Certain Corporations Not Eligible.--No deduction shall be \nallowed under this section with respect to dividends paid by any \ncorporation which is--\n ``(1) an S corporation (as defined in section 1361(a)(1));\n ``(2) a regulated investment company (as defined in section \n 851(a));\n ``(3) a real estate investment trust (as defined in section \n 856(a)); or\n ``(4) a personal holding company (as defined in section \n 542).\n ``(d) Special Rules for Certain Distributions of Mutual Savings \nBanks, Etc.--For purposes of this section, any amount allowed as a \ndeduction under section 591 (relating to deduction for dividends paid \nby mutual savings banks, etc.) shall not be treated as a dividend.''\n (b) Repeal of Deductions for Dividends Received From Domestic \nCorporations and Rules Relating Thereto; Repeal of Deduction for \nDividends Paid on Certain Preferred Stock of Public Utilities.--\nSections 244 (relating to dividends received on certain preferred \nstock), 246 (relating to rules applying to deductions for dividends \nreceived), and 247 (relating to dividends paid on certain preferred \nstock of public utilities) of such Code are hereby repealed.\n (c) Conforming Amendments.--\n (1) Dividends received from certain foreign corporations.--\n (A) Transfer of provision specifying deductible \n percentage of dividend received.--Paragraph (1) of \n section 245(a) of such Code (relating generally to \n dividends received from 10-percent owned foreign \n corporations) is amended by striking ``the percent \n (specified in section 243 for the taxable year)'' and \n inserting in lieu thereof ``85 percent (100 percent in \n the case of a small business investment company \n operating under the Small Business Investment Act of \n 1958 (15 U.S.C. 661 et seq.))''.\n (B) Transfer of limitation on aggregate amount of \n dividends received deduction, exclusion of certain \n dividends, etc.--Section 245 of such Code (relating to \n dividends received from certain foreign corporations) \n is amended by adding at the end the following new \n subsections:\n ``(e) Limitation and Special Rules.--\n ``(1) Limitation on aggregate amount of deduction.--\n ``(A) In general.--Except as provided by \n subparagraph (B), the aggregate amount of the \n deductions allowed by subsections (a) and (b) shall not \n exceed 80 percent of the taxable income computed \n without regard to--\n ``(i) the deductions allowed by section \n 172,\n ``(ii) any adjustment under section 1059, \n and\n ``(iii) any capital loss carryback to the \n taxable year under section 1212(a)(1).\n ``(B) Effect of net operating loss.--Subparagraph \n (A) shall not apply for any taxable year for which \n there is a net operating loss (as determined under \n section 172).\n ``(2) Exclusion of certain dividends.--\n ``(A) In general.--No deduction shall be allowed \n under subsection (a) or (b) in respect of any dividend \n on any share of stock--\n ``(i) which is sold or otherwise disposed \n of in any case in which the taxpayer has held \n such share for 45 days or less, or\n ``(ii) to the extent that the taxpayer is \n under an obligation (whether pursuant to a \n short sale or otherwise) to make corresponding \n payments with respect to positions in \n substantially similar or related property.\n ``(B) 90-day rule in the case of certain preference \n dividends.--In the case of any stock having preference \n in dividends, the holding period specified in \n subparagraph (A)(i) shall be 90 days in lieu of 45 days \n if the taxpayer receives dividends with respect to such \n stock which are attributable to a period or periods \n aggregating in excess of 366 days.\n ``(C) Determination of holding periods.--For \n purposes of this subsection, in determining the period \n for which the taxpayer has held any share of stock--\n ``(i) the day of disposition, but not the \n day of acquisition, shall be taken into \n account,\n ``(ii) there shall not be taken into \n account any day which is more than 45 days (or \n 90 days in the case of stock to which \n subparagraph (B) applies) after the date on \n which such share becomes ex-dividend, and\n ``(iii) paragraph (4) of section 1223 shall \n not apply.\n ``(D) Holding period reduced for periods where risk \n of loss diminished.--The holding periods determined \n under the preceding provisions of this subparagraph \n shall be appropriately reduced (in the manner provided \n in regulations prescribed by the Secretary) for any \n period (during such periods) in which--\n ``(i) the taxpayer has an option to sell, \n is under a contractual obligation to sell, or \n has made (and not closed) a short sale of, \n substantially identical stock or securities,\n ``(ii) the taxpayer is the grantor of an \n option to buy substantially identical stock or \n securities, or\n ``(iii) under regulations prescribed by the \n Secretary, a taxpayer has diminished his risk \n of loss by holding 1 or more other positions \n with respect to substantially similar or \n related property.\n The preceding sentence shall not apply in the case of \n any qualified covered call (as defined in section \n 1092(c)(4) but without regard to the requirement that \n gain or loss with respect to the option not be ordinary \n income or loss).\n ``(f) Cross Reference.--\n\n ``For special rule relating to mutual \nsavings banks, etc., to which section 593 applies, see section 596.''\n (2) Net operating loss deduction.--Paragraph (6) of section \n 172(d) of such Code is amended to read as follows:\n ``(6) Computation of deduction for dividends received from \n certain foreign corporations.--The deduction allowed by section \n 245 (relating to dividends received from certain foreign \n corporations) shall be computed without regard to section \n 245(e)(1).''\n (3) Dividends received deduction reduced where portfolio \n stock is debt financed.--\n (A) Subsections (a) and (e) of section 246A of such \n Code (relating to dividends received deduction reduced \n where portfolio stock is debt financed) are each \n amended by striking ``243, 244, or''.\n (B) Subsection (b) of section 246A of such Code is \n amended to read as follows:\n ``(b) Section Not to Apply to Dividends for Which 100 Percent \nDividends Received Deduction Allowable.--Subsection (a) shall not apply \nto dividends received by a small business investment company operating \nunder the Small Business Investment Act of 1958.''\n (4) Limitation on dividends received deduction for mutual \n savings banks, etc.--Section 596 of such Code (relating to \n limitation on dividends received deduction) is amended by \n striking ``sections 243, 244, and 245'' and inserting in lieu \n thereof ``section 245''.\n (d) Clerical Amendments.--The table of sections for part VIII of \nsubchapter B of chapter 1 is amended by striking the items relating to \nsections 243, 244, 246, and 247 and inserting after the item relating \nto section 241 the following:\n\n ``Sec. 243. Dividends paid by domestic \n corporations.''\n (e) Effective Date.--The amendments made by this section shall \napply to distributions made after December 31, 1993.","summary":"Saving and Investment Act of 1993 - Amends the Internal Revenue Code to permit an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation. (2) dividends received by a corporation on the preferred stock of a public utility. And (3) dividends paid by a public utility on its preferred stock. Increases from 80 percent to 85 percent the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation.","title":"Saving and Investment Act of 1993","text_len":9890,"sum_len":703} {"bill_id":"111_hr1378","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Food Allergy and Anaphylaxis \nManagement Act of 2009''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Early childhood education program.--The term ``early \n childhood education program'' means--\n (A) a Head Start program or an Early Head Start \n program carried out under the Head Start Act (42 U.S.C. \n 9831 et seq.);\n (B) a State licensed or regulated child care \n program or school; or\n (C) a State prekindergarten program that serves \n children from birth through kindergarten.\n (2) ESEA definitions.--The terms ``local educational \n agency'', ``secondary school'', ``elementary school'', and \n ``parent'' have the meanings given the terms in section 9101 of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7801).\n (3) School.--The term ``school'' includes public--\n (A) kindergartens;\n (B) elementary schools; and\n (C) secondary schools.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS \n MANAGEMENT GUIDELINES.\n\n (a) Establishment.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary, in consultation with the \n Secretary of Education, shall--\n (A) develop guidelines to be used on a voluntary \n basis to develop plans for individuals to manage the \n risk of food allergy and anaphylaxis in schools and \n early childhood education programs; and\n (B) make such guidelines available to local \n educational agencies, schools, early childhood \n education programs, and other interested entities and \n individuals to be implemented on a voluntary basis \n only.\n (2) Applicability of ferpa.--Each plan described in \n paragraph (1) that is developed for an individual shall be \n considered an education record for the purpose of the Family \n Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).\n (b) Contents.--The voluntary guidelines developed by the Secretary \nunder subsection (a) shall address each of the following, and may be \nupdated as the Secretary determines necessary:\n (1) Parental obligation to provide the school or early \n childhood education program, prior to the start of every school \n year, with--\n (A) documentation from their child's physician or \n nurse--\n (i) supporting a diagnosis of food allergy, \n and any risk of anaphylaxis, if applicable;\n (ii) identifying any food to which the \n child is allergic;\n (iii) describing, if appropriate, any prior \n history of anaphylaxis;\n (iv) listing any medication prescribed for \n the child for the treatment of anaphylaxis;\n (v) detailing emergency treatment \n procedures in the event of a reaction;\n (vi) listing the signs and symptoms of a \n reaction; and\n (vii) assessing the child's readiness for \n self-administration of prescription medication; \n and\n (B) a list of substitute meals that may be offered \n to the child by school or early childhood education \n program food service personnel.\n (2) The creation and maintenance of an individual plan for \n food allergy management, in consultation with the parent, \n tailored to the needs of each child with a documented risk for \n anaphylaxis, including any procedures for the self-\n administration of medication by such children in instances \n where--\n (A) the children are capable of self-administering \n medication; and\n (B) such administration is not prohibited by State \n law.\n (3) Communication strategies between individual schools or \n early childhood education programs and providers of emergency \n medical services, including appropriate instructions for \n emergency medical response.\n (4) Strategies to reduce the risk of exposure to \n anaphylactic causative agents in classrooms and common school \n or early childhood education program areas such as cafeterias.\n (5) The dissemination of general information on life-\n threatening food allergies to school or early childhood \n education program staff, parents, and children.\n (6) Food allergy management training of school or early \n childhood education program personnel who regularly come into \n contact with children with life-threatening food allergies.\n (7) The authorization and training of school or early \n childhood education program personnel to administer epinephrine \n when the nurse is not immediately available.\n (8) The timely accessibility of epinephrine by school or \n early childhood education program personnel when the nurse is \n not immediately available.\n (9) The creation of a plan contained in each individual \n plan for food allergy management that addresses the appropriate \n response to an incident of anaphylaxis of a child while such \n child is engaged in extracurricular programs of a school or \n early childhood education program, such as non-academic outings \n and field trips, before- and after-school programs or before- \n and after-early child education program programs, and school-\n sponsored or early childhood education program-sponsored \n programs held on weekends.\n (10) Maintenance of information for each administration of \n epinephrine to a child at risk for anaphylaxis and prompt \n notification to parents.\n (11) Other elements the Secretary determines necessary for \n the management of food allergies and anaphylaxis in schools and \n early childhood education programs.\n (c) Relation to State Law.--Nothing in this Act or the guidelines \ndeveloped by the Secretary under subsection (a) shall be construed to \npreempt State law, including any State law regarding whether students \nat risk for anaphylaxis may self-administer medication.\n\nSEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.\n\n (a) In General.--The Secretary may award grants to local \neducational agencies to assist such agencies with implementing \nvoluntary food allergy and anaphylaxis management guidelines described \nin section 3.\n (b) Application.--\n (1) In general.--To be eligible to receive a grant under \n this section, a local educational agency shall submit an \n application to the Secretary at such time, in such manner, and \n including such information as the Secretary may reasonably \n require.\n (2) Contents.--Each application submitted under paragraph \n (1) shall include--\n (A) an assurance that the local educational agency \n has developed plans in accordance with the food allergy \n and anaphylaxis management guidelines described in \n section 3;\n (B) a description of the activities to be funded by \n the grant in carrying out the food allergy and \n anaphylaxis management guidelines, including--\n (i) how the guidelines will be carried out \n at individual schools served by the local \n educational agency;\n (ii) how the local educational agency will \n inform parents and students of the guidelines \n in place;\n (iii) how school nurses, teachers, \n administrators, and other school-based staff \n will be made aware of, and given training on, \n when applicable, the guidelines in place; and\n (iv) any other activities that the \n Secretary determines appropriate;\n (C) an itemization of how grant funds received \n under this section will be expended;\n (D) a description of how adoption of the guidelines \n and implementation of grant activities will be \n monitored; and\n (E) an agreement by the local educational agency to \n report information required by the Secretary to conduct \n evaluations under this section.\n (c) Use of Funds.--Each local educational agency that receives a \ngrant under this section may use the grant funds for the following:\n (1) Purchase of materials and supplies, including limited \n medical supplies such as epinephrine and disposable wet wipes, \n to support carrying out the food allergy and anaphylaxis \n management guidelines described in section 3.\n (2) In partnership with local health departments, school \n nurse, teacher, and personnel training for food allergy \n management.\n (3) Programs that educate students as to the presence of, \n and policies and procedures in place related to, food allergies \n and anaphylactic shock.\n (4) Outreach to parents.\n (5) Any other activities consistent with the guidelines \n described in section 3.\n (d) Duration of Awards.--The Secretary may award grants under this \nsection for a period of not more than 2 years. In the event the \nSecretary conducts a program evaluation under this section, funding in \nthe second year of the grant, where applicable, shall be contingent on \na successful program evaluation by the Secretary after the first year.\n (e) Limitation on Grant Funding.--The Secretary may not provide \ngrant funding to a local educational agency under this section after \nsuch local educational agency has received 2 years of grant funding \nunder this section.\n (f) Maximum Amount of Annual Awards.--A grant awarded under this \nsection may not be made in an amount that is more than $50,000 \nannually.\n (g) Priority.--In awarding grants under this section, the Secretary \nshall give priority to local educational agencies with the highest \npercentages of children who are counted under section 1124(c) of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).\n (h) Matching Funds.--\n (1) In general.--The Secretary may not award a grant under \n this section unless the local educational agency agrees that, \n with respect to the costs to be incurred by such local \n educational agency in carrying out the grant activities, the \n local educational agency shall make available (directly or \n through donations from public or private entities) non-Federal \n funds toward such costs in an amount equal to not less than 25 \n percent of the amount of the grant.\n (2) Determination of amount of non-federal contribution.--\n Non-Federal funds required under paragraph (1) may be cash or \n in-kind, including plant, equipment, or services. Amounts \n provided by the Federal Government, and any portion of any \n service subsidized by the Federal Government, may not be \n included in determining the amount of such non-Federal funds.\n (i) Administrative Funds.--A local educational agency that receives \na grant under this section may use not more than 2 percent of the grant \namount for administrative costs related to carrying out this section.\n (j) Progress and Evaluations.--At the completion of the grant \nperiod referred to in subsection (d), a local educational agency shall \nprovide the Secretary with information on how grant funds were spent \nand the status of implementation of the food allergy and anaphylaxis \nmanagement guidelines described in section 3.\n (k) Supplement, Not Supplant.--Grant funds received under this \nsection shall be used to supplement, and not supplant, non-Federal \nfunds and any other Federal funds available to carry out the activities \ndescribed in this section.\n (l) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $30,000,000 for fiscal year 2010 \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears.\n\nSEC. 5. VOLUNTARY NATURE OF GUIDELINES.\n\n (a) In General.--The food allergy and anaphylaxis management \nguidelines developed by the Secretary under section 3 are voluntary. \nNothing in this Act or the guidelines developed by the Secretary under \nsection 3 shall be construed to require a local educational agency to \nimplement such guidelines.\n (b) Exception.--Notwithstanding subsection (a), the Secretary may \nenforce an agreement by a local educational agency to implement food \nallergy and anaphylaxis management guidelines as a condition of the \nreceipt of a grant under section 4.","summary":"Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies. (2) the creation of an individual food allergy management plan for each such child, (3) communication between schools or programs and emergency medical services, (4) reduction of exposure to anaphylactic causative agents, (5) food allergy management training. And (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.","title":"To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop guidelines to be used on a voluntary basis to develop plans to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs, to establish school-based food allergy management grants, and for other purposes.","text_len":13753,"sum_len":971} {"bill_id":"108_s1359","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Remittance Services \nEnhancement and Protection Act of 2003''.\n\nSEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT.\n\n Paragraph (12) of section 107 of the Federal Credit Union Act (12 \nU.S.C. 1757(12)) is amended to read as follows:\n ``(12) in accordance with regulations prescribed by the \n Board--\n ``(A) to sell or provide for a fee negotiable \n checks (including travelers checks), money orders, \n international money transfer services, and other \n similar money transfer instruments and services; and\n ``(B) to cash checks and money orders;''.\n\nSEC. 3. DISCLOSURES REQUIRED.\n\n (a) Regulations.--Subject to paragraph (2), the appropriate Federal \nagencies shall jointly prescribe regulations that require any financial \ninstitution or money transmitting business which initiates an \ninternational money transfer on behalf of a consumer (whether or not \nthe consumer maintains an account at such institution or business) to \nprovide the following disclosures to the consumer before the \nconsummation of the transaction:\n (1) Any fees to be charged to the recipient, including any \n exchange rate or currency conversion fees.\n (2) A final itemization of all costs to the consumer, which \n would include all fees charged, for the remittance.\n (3) The exact amount of foreign currency to be received by \n the recipient in the foreign country.\n (b) Language Requirement.--The disclosures required under \nsubsection (a) shall be in English and in any other language used by \nthe financial institution or money transmitting business, or any of its \nagents, to advertise, solicit, or negotiate, either orally or in \nwriting, at the office of the institution or business at which the \ninternational money transfer is initiated.\n (c) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Appropriate federal agency.--The term ``appropriate \n Federal agency'' means--\n (A) the appropriate Federal banking agency, in the \n case of any insured depository institution;\n (B) the National Credit Union Administration, in \n the case of any insured credit union; and\n (C) the Federal Trade Commission, in the case of \n any financial institution or money transmitting \n business that is not an insured depository institution \n or insured credit union.\n (2) Appropriate federal banking agency.--The term \n ``appropriate Federal banking agency'' has the same meaning as \n in section 3 of the Federal Deposit Insurance Act;\n (3) Insured credit union.--The term ``insured credit \n union'' has the same meaning as in section 101 of the Federal \n Credit Union Act;\n (4) Insured depository institution.--The term ``insured \n depository institution'' has the same meaning as in section 3 \n of the Federal Deposit Insurance Act;\n (5) International money transfer.--The term ``international \n money transfer'' means any money transmitting service \n originating in the United States and involving an international \n transaction which is provided by a financial institution or a \n money transmitting business.\n (6) Money transmitting service.--The term ``money \n transmitting service'' has the same meaning as in section \n 5330(d)(2) of title 31, United States Code.\n (7) Money transmitting business.--The term ``money \n transmitting business'' means any business which--\n (A) provides check cashing, currency exchange, or \n money transmitting or remittance services, or issues or \n redeems money orders, travelers' checks, and other \n similar instruments; and\n (B) is not a depository institution (as defined in \n section 5313(g) of title 31, United States Code).\n (d) Administrative Enforcement.--\n (1) Depository institutions.--\n (A) In general.--Compliance with the requirements \n imposed under this section shall be enforced under--\n (i) section 8 of the Federal Deposit \n Insurance Act, in the case of an insured \n depository institution, by the appropriate \n Federal banking agency; and\n (ii) the Federal Credit Union Act, in the \n case of any insured credit union (as defined in \n section 101 of the Federal Credit Union Act), \n by the National Credit Union Administration.\n (B) Applicability of other laws.--\n (i) Violations of this section.--For the \n purpose of the exercise by any agency referred \n to in subparagraph (A) of its powers under any \n Act referred to in that subparagraph, a \n violation of any requirement imposed under this \n section shall be deemed to be a violation of a \n requirement imposed under that Act.\n (ii) Other authority.--In addition to its \n powers under any provision of law specifically \n referred to in subparagraph (A), each of the \n agencies referred to in such subparagraph may \n exercise, for the purpose of enforcing \n compliance with any requirement imposed under \n this section, any other authority conferred on \n it by law.\n (2) Other money transmitting businesses.--\n (A) Appropriate federal regulator.--Except to the \n extent that enforcement of the requirements imposed \n under this section is specifically committed to some \n other Government agency under paragraph (1), the \n Federal Trade Commission shall enforce such \n requirements.\n (B) Applicability of other laws.--\n (i) Violations of this section.--For the \n purpose of the exercise by the Federal Trade \n Commission of its functions and powers under \n the Federal Trade Commission Act, a violation \n of any requirement imposed under this section \n shall be deemed a violation of a requirement \n imposed under that Act.\n (ii) Other authority.--All of the functions \n and powers of the Federal Trade Commission \n under the Federal Trade Commission Act are \n available to the Commission to enforce \n compliance by any person subject to the \n jurisdiction of the Commission with the \n requirements imposed under this section, \n irrespective of whether that person is engaged \n in commerce or meets any other jurisdictional \n tests in the Federal Trade Commission Act.\n (e) Effective Date.--This section shall apply to any international \nmoney transfer initiated in the United States after the end of the 3-\nmonth period beginning on the date of enactment of this Act.","summary":"International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks , money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. Adds international money transfer services to the list of such services. Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees. (2) a final itemization of all costs to the consumer, including all fees charged for the remittance. And (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union.","title":"A bill to allow credit unions to provide international money transfer services and to require disclosures in connection with international money transfers from all money transmitting service providers.","text_len":7861,"sum_len":1473} {"bill_id":"106_hr4593","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Employment Dispute \nResolution Act of 2000 (NEDRA)''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The prohibitive costs and emotional toll of litigation \n as well as the growing backlog of employment civil rights \n claims and lawsuits has impeded the protection and enforcement \n of workplace civil rights.\n (2) Mediation is an economical, participatory, and \n expeditious alternative to traditional, less cooperative \n methods of resolving employment disputes.\n (3) Mediation enables disputants to craft creative \n solutions and settlements, surpassing the reach of traditional \n remedies, thereby possibly protecting the continuity of the \n employment relationship.\n (4) As we enter the new millennium, a national program of \n directed or required participation in mediation where any \n settlement is voluntary mandated mediation for certain \n employment and contract disputes, will help fulfill the goal of \n equal opportunity in work and business places of the United \n States.\n (5) Overt and subtle discrimination still exists in our \n society and in the workplace.\n (6) Overt and subtle forms of discrimination cause \n substantial measurable economic and noneconomic costs to \n employers and the American workforce, create a barrier to fully \n realizing equal opportunity in the workplace, and are contrary \n to public policy promoting equal opportunity in the workplace.\n (b) Purposes.--The purposes of this Act are--\n (1) to establish a fair and effective alternative means by \n which employees and covered employers may have an increased \n likelihood of resolving both alleged overt and subtle forms or \n acts of discrimination without the necessity of the employee \n taking some form of legal action against the employer,\n (2) in accordance with the various public policies \n encouraging the use of mediation, to make mediation available \n at an early stage of an employment dispute, thus--\n (A) possibly reducing economic and noneconomic \n costs,\n (B) preserving the employment relationship and \n decreasing acrimony, and\n (C) decreasing the filing of a number of formal \n discrimination complaints, charges, and lawsuits and \n further burdening our public justice system, and\n (3) to provide that the participation in mediation shall \n not preclude either the employee-disputant or covered employer-\n disputant from having access to the public justice system.\n\nSEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.\n\n (a) Federal Employees.--Title VII of the Civil Rights Act of 1964 \n(42 U.S.C. 2000e et seq.) is amended--\n (1) in section 706(a) by inserting after the 7th sentence \n the following:\n``Regardless of whether the Commission makes an investigation under \nthis subsection, the Commission shall provide counseling services \nregarding, and endeavor to responsibly address and resolve, claims of \nunlawful discrimination using certified contract mediators.'', and\n (2) in section 711(a) by adding at the end the following:\n``Every employer, employment agency, and labor organization shall \nprovide to each employee and each member, individually, a copy of the \nmaterials required by this section to be so posted.''.\n (b) Office of Federal Contract Compliance.--Section 718 of the \nCivil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended--\n (1) by inserting ``(a)'' after ``Sec. 718'', and\n (2) by adding at the end the following:\n ``(b) The Office of Federal Contract Compliance shall endeavor to \nresponsibly address and resolve any alleged discrimination using \nmediation with respect to which this section applies.\n ``(c) An employer who establishes, implements an approved internal \nconflict management program or system providing the use of a certified \nmediator participates in mediation under this section shall be given \npreferred status in contract bidding for additional and for maintaining \ncurrent Federal Government contracts.\n ``(d) An employer who is a party to a Government contract or the \nagency of the United States shall assume the costs of mediation under \nthis section, including the fees of the mediator and any travel and \nlodging expenses of the employee, if such travel exceeds 25 miles, one \nway. Any settlement shall include, among other things, any appropriate \nand reasonable attorney fees.\n ``(e) Retaliation by an employer who is a party to a Government \ncontract or the agency of the United States, or the destruction of \nevidence, shall result in the imposition of appropriate civil or \ncriminal sanctions. The participation in mediation shall be at the \noption of the employee. The participation in mediation shall not \npreclude the employee's access to any State, local, or Federal EEO \nenforcement agency or any State or Federal court.\n ``(f) The Office of Federal Contract Compliance shall have \nauthority over employers who are parties to Government contracts that \nfail to comply with this section. Failure to comply shall result in the \nloss of a current Government contract and disqualification from \nconsideration for future Government contracts.\n ``(g) No resolution by the disputants may contravene the provisions \nof a valid collective bargaining agreement between an employer who is a \npart to a Government contract and a labor union or certified bargaining \nrepresentative. Any voluntary settlement outcome and agreement may not \nbe in conflict with the collective bargaining agreement.''.\n\nSEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.\n\n The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et \nseq.) is amended--\n (1) in section 7(e) by inserting after the 2d sentence the \n following:\n``The Commission shall provide counseling services regarding, and \nendeavor to responsibly address and resolve, claims of unlawful \ndiscrimination using certified contract mediators.'', and\n (2) in section 8 by adding at the end the following:\n``Every employer, employment agency, and labor organization shall \nprovide to each employee and each member, individually, a copy of the \nmaterials required by this section to be so posted.''.\n\nSEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990.\n\n Section 107(a) of the Americans with Disabilities Act of 1990 (42 \nU.S.C. 12117(a)) is amended by adding at the end the following: ``The \nCommission shall provide counseling services regarding, and endeavor to \nresponsibly address and resolve, claims of unlawful discrimination \nusing certified contract mediators.''.\n\nSEC. 6. MEDIATION.\n\n (a) Definitions.--For purposes of this section:\n (1) The term ``employer'' means any Federal agency \n (including Federal courts) or business enterprise receiving \n Federal funds of $200,000 or greater or having 20 or more \n employees.\n (2) The term ``mediator'' means any neutral, third-party, \n including an attorney and a nonattorney, who is trained in the \n mediation process and has a demonstrable working knowledge in \n relevant EEO and employment law, including a third party who \n is--\n (A) appointed or approved by a competent court, the \n Equal Employment Opportunity Commission, a certified \n mediation center, or a university, or\n (B) jointly chosen by the disputants.\n (3) The term ``trained mediation professional'' means a \n person who--\n (A) has participated in employment mediation \n training of 40 or more hours, or\n (B) has co-mediated with or been supervised by \n another trained certified mediation professional for at \n least three employment or contract dispute cases of no \n fewer than 15 hours.\n (4) The term ``certified mediation center'' includes any \n private or public entity that is qualified to facilitate the \n employment or contract mediation process and provide training \n on employment and contract dispute resolution, including, but \n not limited to, the American Arbitration Association, the \n American Bar Association, the Center for Employment Dispute \n Resolution, CPR Conflict Institute, JAMS\/Endispute, United \n States Arbitration and Mediation, Inc., Institute on Conflict \n Resolution at Cornell University, and the Society of \n Professionals in Dispute Resolution.\n (b) Requirements.--(1) All employers shall--\n (A) establish an internal dispute resolution program or \n system that provides, as a voluntary option, employee-disputant \n access to external third-party certified mediators,\n (B) participate in mediation if the employee has exhausted \n the internal dispute resolution program or system and has \n formally requested mediation without the filing of a charge or \n lawsuit, and\n (C) participate in mediation if the claimant has filed a \n charge or lawsuit and the claimant formally requests mediation.\n (2) While the mediation settlement outcome would be voluntary, the \nemployer shall participate in mediation where the employee-disputant \nhas expressed a desire to mediate.\n (3) Under all circumstances, the employee-disputant is entitled to \nlegal representation.\n (4) Employers shall inform employee-disputants of the mediation \nalternative and their respective rights thereof, and the employee-\ndisputant would have 30 days in which to decide whether to participate \nin mediation.\n (5) When an employee-disputant voluntarily agrees to participate in \nthe mediation process, any applicable statute of limitations shall be \ntolled, and the private tolling agreement shall be enforceable in any \ncourt of competent jurisdiction.\n (6) The employee and employer disputants shall not have more than \n90 days within which to resolve the dispute.\n (7) Should mediation prove unsuccessful, the employer shall again \ninform the employee-disputant of their rights, in writing including the \nright to pursue the matter under any applicable State, county, local \nordinance, or Federal statutes.\n (8) Consistent with section 705 of the Civil Rights Act of 1964, \nthe Equal Employment Opportunity Commission, and any State or local \nauthority involved in proceedings described in section 706, shall offer \ntechnical assistance to any unrepresented or self-represented party, \nprovided that a formal complaint has been filed with the Commission or \nsuch authority. Such assistance shall include, but not be limited to--\n (A) pre-mediation counseling,\n (B) assistance in understanding the status of relevant case \n law,\n (C) assistance in what would be the appropriate remedy if \n the instant claim were to be found to have merit, and\n (D) assistance in drafting any post-mediation settlement \n agreement or resolution.\n (9) Submission of a claim for mediation shall not preclude either \nthe claimant or respondent from seeking other appropriate relief on \nthat claim, except that neither party shall seek other relief until the \nmediation process has concluded.\n (10) Any settlement as a result of the mediation process shall be \nstrictly voluntary and remain confidential except for research and \nevaluation purposes.\n (11) In every case, the privacy, privilege, and confidentiality of \nall parties to the dispute shall be preserved, including complaint \nintake personnel and mediation consultations.\n (c) Attorney's Obligation To Advise Clients of Mediation.--For the \npurposes of this Act and all of the other related statutes, attorneys \nand consultants are legally obliged to advise their clients of the \nexistence of the mediation alternative and their obligations under the \nAct to participate in mediation in ``good faith''.\n (d) Judicial Enforcement.--Either party to a mediation agreement to \nbring an action of enforcement in a Federal district court of competent \njurisdiction, however any matter discussed or material presented during \nmediation shall not be used in any subsequent local, State, or Federal \nadministrative or court proceeding. The confidential provisions of any \ninternal conflict management program or system or agreement to \nmediations shall be immune from attack by any third party.","summary":"Mandates that any Federal agency or court : (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators. And (2) participate in mediation in specified circumstances. Prescribes mediation guidelines. States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in good faith.","title":"National Employment Dispute Resolution Act of 2000 (NEDRA)","text_len":12916,"sum_len":466} {"bill_id":"109_hr2292","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Andrew Carnegie Public Libraries \nAct''.\n\nSEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.\n\n (a) In General.--The Library Services and Technology Act (20 U.S.C. \n9121 et seq.) is amended--\n (1) by redesignating chapter 3 as chapter 4; and\n (2) by inserting after chapter 2 the following:\n\n ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION\n\n``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.\n\n ``(a) In General.--From amounts appropriated under section 244, the \nDirector may make grants for the construction or modernization of \npublic libraries to persons or entities submitting applications under \nsection 243.\n ``(b) Applicability.--The provisions of this subtitle (other than \nthis chapter) shall not apply to this chapter.\n ``(c) Definitions.--In this chapter:\n ``(1) Construction.--\n ``(A) In general.--The term `construction' means--\n ``(i) construction of new buildings;\n ``(ii) the acquisition, expansion, \n remodeling, and alteration of existing \n buildings;\n ``(iii) the purchase, lease, and \n installation of equipment for any new or \n existing buildings; or\n ``(iv) any combination of the activities \n described in clauses (i) through (iii), \n including architect' fees and the cost of \n acquisition of land.\n ``(B) Special rule.--Such term includes remodeling \n to meet standards under the Act entitled `An Act to \n insure that certain buildings financed with Federal \n funds are so designed and constructed as to be \n accessible to the physically handicapped', approved \n August 12, 1968 (42 U.S.C. 4151 et seq.), commonly \n known as the `Architectural Barriers Act of 1968', \n remodeling designed to ensure safe working environments \n and to conserve energy, renovation or remodeling to \n accommodate new technologies, and the purchase of \n historic buildings for conversion to public libraries.\n ``(2) Equipment.--The term `equipment' means--\n ``(A) information and building technologies, video \n and telecommunications equipment, machinery, utilities, \n built-in equipment, and any necessary enclosures or \n structures to house the technologies, equipment, \n machinery or utilities; and\n ``(B) all other items necessary for the functioning \n of a particular facility as a facility for the \n provision of library services.\n ``(3) Modernization.--\n ``(A) In general.--The term `modernization' means \n the purchase, rental, or lease of technological items, \n devices, or products (including upgrades)--\n ``(i) to improve access to library services \n or materials in a public library; or\n ``(ii) to maintain or improve the \n functional capabilities of individuals with \n disabilities in a public library.\n ``(B) Limitation.--Such term does not include--\n ``(i) the purchase of books, periodicals, \n audio or video recordings, or other similar \n library materials used by patrons; or\n ``(ii) costs for telecommunications or \n computer wiring undertaken in order to permit \n or improve the use of technological items, \n devices, or products.\n ``(4) Public library.--The term `public library' means a \n library that serves free of charge all residents of a \n community, district, or region, and receives its financial \n support in whole or in part from public funds. Such term also \n includes a research library, which, for the purposes of this \n sentence, means a library, which--\n ``(A) makes its services available to the public \n free of charge;\n ``(B) has extensive collections of books, \n manuscripts, and other materials suitable for scholarly \n research which are not available to the public through \n public libraries;\n ``(C) engages in the dissemination of humanistic \n knowledge through services to readers, fellowships, \n educational and cultural programs, publication of \n significant research, and other activities; and\n ``(D) is not an integral part of an institution of \n higher education.\n\n``SEC. 242. USES OF FEDERAL FUNDS.\n\n ``(a) In General.--A recipient of a grant under this chapter shall \nuse funds appropriated under section 244 to pay the Federal share of \nthe cost of construction or modernization of public libraries.\n ``(b) Maximum Amount.--The maximum amount of a grant under this \nchapter is $5,000,000.\n ``(c) Federal Share.--\n ``(1) In general.--For the purposes of subsection (a), the \n Federal share of the cost of construction or modernization of \n any project assisted under this chapter shall not exceed one-\n half of the total cost of the project.\n ``(2) Non-federal share.--The non-Federal share of the cost \n of construction or modernization of any project assisted under \n this chapter may be provided from State, local or private \n sources, including for-profit and nonprofit organizations.\n ``(d) Special Rule.--If, within 20 years after completion of \nconstruction of any public library facility that has been constructed \nin part with grant funds made available under this chapter--\n ``(1) the recipient of the grant funds (or its successor in \n title or possession) ceases or fails to be a public or \n nonprofit institution, or\n ``(2) the facility ceases to be used as a library facility, \n unless the Director determines that there is good cause for \n releasing the institution from its obligation,\nthe United States shall be entitled to recover from such recipient (or \nsuccessor) an amount which bears the same ratio to the value of the \nfacility at that time (or part thereof constituting an approved project \nor projects) as the amount of the Federal grant bore to the cost of \nsuch facility (or part thereof). The value shall be determined by the \nparties or by action brought in the United States district court for \nthe district in which the facility is located.\n\n``SEC. 243. APPLICATION.\n\n ``Any person or entity desiring to receive a grant under this \nchapter for any fiscal year shall submit to the Director an application \nat such time, in such manner, and containing such information as the \nDirector may require, including a description of the public library \nconstruction or modernization activities be assisted under this \nchapter.\n\n``SEC. 244. LABOR STANDARDS.\n\n ``All laborers and mechanics employed by contractors or \nsubcontractors in any construction, alteration, or repair, including \npainting and decorating, of projects, buildings, and works which are \nassisted under this chapter, shall be paid wages at rates not less than \nthose prevailing on similar construction in the locality as determined \nby the Secretary of Labor in accordance with the Act of March 3, 1931 \n(40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The \nSecretary of Labor shall have, with respect to such labor standards, \nthe authority and functions set forth in Reorganization Plan Numbered \n14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of \nJune 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).\n\n``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There are authorized to be appropriated to carry \nout this chapter $200,000,000 for fiscal year 2006 and each of the 4 \nsucceeding fiscal years, to remain available until expended.\n ``(b) Administration.--Not more than 3 percent of the funds \nappropriated under subsection (a) for a fiscal year may be used to pay \nfor the Federal administrative costs of carrying out this chapter.''.\n (b) Conforming Amendment.--Section 210A of the Museum and Library \nServices Act (20 U.S.C. 9109) is amended by striking ``No funds'' and \ninserting ``Except as provided in chapter 3 of the Library Services and \nTechnology Act, no funds''.","summary":"Andrew Carnegie Public Libraries Act - Amends the Library Services and Technology Act to authorize the Director of the Institute of Museum and Library Services to make grants for the construction or modernization of public libraries. Sets forth application requirements for persons or entities desiring to receive such grants. Allows the non-federal share of project costs to be provided from state, local, or private sources, including for-profit and nonprofit organizations. Provides for recovery of funds if a grant recipient or successor ceases or fails to be a public or nonprofit institution, or if the facility ceases to be used as a library.","title":"To provide for public library construction and modernization.","text_len":8989,"sum_len":649} {"bill_id":"109_s2126","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Entertainment Protection \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Research shows that exposure to video games, \n television, movies, and other forms of media has powerful \n effects on the development of children and adolescents and that \n such effects can be positive or negative depending on the \n nature and content of the media.\n (2) Experimental research and longitudinal research \n conducted over the course of decades shows that exposure to \n higher levels of violence on television, in movies, and in \n other forms of media in adolescence causes people in the short-\n term and, after repeated exposure, even years later to exhibit \n higher levels of violent thoughts, anti-social and aggressive \n behavior, fear, anxiety, and hostility, and desensitization to \n the pain and suffering of others.\n (3) This evidence is so strong, it has been replicated in \n so many populations, and it draws on such diverse methodologies \n that a 2003 comprehensive review of the literature concluded \n ``the scientific debate over whether media violence increases \n aggression and violence is essentially over'' and 6 major \n medical and public health organizations, including the American \n Medical Association and the American Psychological Association, \n issued a Joint Statement to Congress in 2000 stating that \n research points ``overwhelmingly to a causal connection between \n media violence and aggressive behavior''.\n (4) New research shows that exposure to violent video games \n causes similar effects as does exposure to violence in other \n media, including increased levels of aggression in both the \n short-term and long-term, and research shows that the uniquely \n interactive, engaging nature of video games may be especially \n powerful in shaping children's thoughts, feelings, and \n behaviors.\n (5) Research shows that children are more likely to imitate \n the actions of a character with whom they identify, and in \n violent video games the player is often provided with a \n behavioral script where he or she takes the point of view of \n the shooter or perpetrator.\n (6) Research shows that children are more likely to learn \n from behaviors that they repeat over and over again and \n behaviors that they are rewarded for taking, and in most video \n games, surveys show, players repeat actions over and over \n again, aggression goes unpunished, and perpetrators are \n rewarded for taking aggressive action\n (7) The video game industry, through the Entertainment \n Software Ratings Board, has created a system of self-\n regulation, and a system to provide information to parents \n about the nature and content of video games.\n (8) The Entertainment Software Ratings Board has determined \n that certain video games contain intense violence and explicit \n sexual content that makes them inappropriate for minors, and \n has rated these games Mature and Adults-Only.\n (9) Research shows that children whose parents monitor and \n control their access to violent media are less likely to \n demonstrate the negative effects of such media.\n (10) Parents rely on the Entertainment Software Ratings \n Board ratings system to protect their children from \n inappropriate material yet, numerous studies have demonstrated \n that young people can access Mature-rated games with relative \n ease.\n (11) There is a need to enact legislation to ensure that \n the ratings system is meaningful.\n\nSEC. 3. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Business.--The term ``business'' means any ongoing \n lawful activity that is conducted--\n (A) primarily for the purchase, sale, lease, or \n rental of personal or real property, or for the \n manufacture, processing, or marketing of products, \n commodities, or any other personal property; or\n (B) primarily for the sale of services to the \n public.\n (2) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (3) Entertainment software ratings board.--The term \n ``Entertainment Software Ratings Board'' means the independent \n rating system, or any successor ratings system--\n (A) established by the Interactive Digital Software \n Association; and\n (B) developed to provide information to consumers \n regarding the content of video and computer games.\n (4) Video game.--The term ``video game'' means an \n electronic object or device that--\n (A) stores recorded data or instructions;\n (B) receives data or instructions generated by the \n person who uses it; and\n (C) by processing such data or instructions, \n creates an interactive game capable of being played, \n viewed, or experienced on or through a computer, gaming \n system, console, or other technology.\n\nSEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.\n\n (a) In General.--No business shall sell or rent, or permit the sale \nor rental of any video game with a Mature, Adults-Only, or Ratings \nPending rating from the Entertainment Software Ratings Board to any \nindividual who has not attained the age of 17 years.\n (b) Affirmative Defenses.--\n (1) In general.--It shall be a defense to any prosecution \n for a violation of the prohibition under subsection (a) that a \n business--\n (A) was shown an identification document, which the \n business reasonably believed to be valid, indicating \n that the individual purchasing or renting the video \n game had attained the age of 17 years or older; or\n (B) had an established ratings enforcement policy--\n (i) as evidenced by--\n (I) cash register prompts reminding \n employees of that business to check for \n identification stating that a customer \n is of an appropriate age to purchase or \n rent a video game, or an established \n video game age identification training \n program for employees of that business;\n (II) clear labels indicating the \n rating on each video game sold or \n rented by that business; and\n (III) signs on the wall of the \n business property explaining, in \n simple, easy-to-understand language, \n the ratings enforcement policy of that \n business; or\n (ii) as evidenced by an online age \n verification system, in the case of online \n sales.\n (2) Limitation.--If a business is found to repeatedly \n violate the prohibition in subsection (a) despite the adoption \n by such business of an established ratings policy as described \n in paragraph (1)(B), such business shall be prohibited in any \n prosecution for a violation of this section from using any of \n the defenses listed in subsection (b).\n (c) Penalty.--The manager or agent of the manager acting in a \nmanagerial capacity of a business found to be in violation of the \nprohibition under subsection (a) shall be subject to a civil penalty, \ncommunity service, or both not to exceed--\n (1) $1,000 or 100 hours of community service for the first \n violation; and\n (2) $5,000 or 500 hours of community service for each \n subsequent violation.\n\nSEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.\n\n (a) In General.--The Commission shall contract with an organization \nwith expertise in evaluating video game content and that has no \nfinancial or personal interest, connection, or tie with the video game \nindustry, to determine, in a written report, on an annual basis, \nwhether the ratings established by the Entertainment Software Ratings \nBoard remain consistent and reliable over time.\n (b) Content of Analysis.--Each annual analysis report required \nunder subsection (a) shall--\n (1) evaluate a random sample of video games, representing \n the full menu of Entertainment Software Ratings Board ratings;\n (2) determine whether each such rating has essentially the \n same meaning from year to year; and\n (3) compare Entertainment Software Ratings Board ratings to \n independent, valid, and reliable rating systems ratings.\n\nSEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.\n\n The Commission shall conduct, and make public the results of, an \nannual secret audit of businesses to determine how frequently minors \nwho attempt to purchase video games with a Mature, Adults-Only, or \nRating Pending rating are able to do so successfully.\n\nSEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.\n\n (a) In General.--The Commission shall conduct, to the extent \npracticable, an investigation into embedded content in video games that \ncan be accessed through a keystroke combination, pass-code, or other \ntechnological means to estimate--\n (1) what proportion of video games contain embedded content \n that is inconsistent with the rating given to such games, and \n what proportion of the domestic market such games represent;\n (2) what proportion of video games containing embedded \n content that is inconsistent with the rating given to such \n games are known to the video game manufacturer at the time of \n the commercial release of the game to contain embedded content, \n and what proportion of the domestic market such games \n represent; and\n (3) whether video game manufacturers have the capacity to \n ensure that video games do not contain embedded content that is \n inconsistent with the ratings given to such games.\n (b) Sense of Congress.--It is the sense of Congress that whenever \nthe Commission determines that the content of a video game, either \nimmediately accessible or embedded but accessible through a keystroke \ncombination, pass-code, or other technological means, is inconsistent \nwith the rating given to such game, the Commission shall take \nappropriate action under its authority to regulate unfair or deceptive \nacts or practices in or affecting commerce as authorized under section \n5 of the Federal Trade Commission Act (15 U.S.C. 45).\n (c) Timing of Report.--Not later than 1 year after the date of \nenactment of this Act, the Commission shall report to Congress the \nfindings of its investigation under subsection (a).\n\nSEC. 8. AUTHORITY TO REGISTER COMPLAINTS.\n\n (a) In General.--The Bureau of Consumer Protection of the Federal \nTrade Commission shall ensure that consumers can file complaints \nalleging that content-descriptions or labels on a video game are \nmisleading or deceptive using the same Commission Consumer Complaint \nprocedure by which the Bureau of Consumer Protection accepts complaints \nconcerning other forms of unfair, deceptive, or fraudulent advertising, \nincluding through an easily accessible online filing system.\n (b) Report to Congress.--The Bureau of Consumer Protection shall \ntabulate and report to Congress, on an annual basis, the number of \ncomplaints under subsection (a) levied against each video game \nmanufacturer and business.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall become effective 120 days after the date of \nenactment of this Act.","summary":"Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. Subjects violators of this Act to a civil penalty. Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable. Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully. And (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content. Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce. Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.","title":"A bill to limit the exposure of children to violent video games.","text_len":12434,"sum_len":1582} {"bill_id":"106_s940","text":"that except as \notherwise expressly provided, whenever in this Act an amendment is \nexpressed in terms of an amendment to a section or other provision, the \nreference shall be considered to be made to a section or other \nprovision of title 38, United States Code.\n\nSECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nEmployment Reduction Assistance Act of 1999''.\n\nSEC. 2. DEFINITIONS.\n\n For the purpose of this Act:\n (1) ``Department'' means the Department of Veterans \n Affairs.\n (2) ``Employee'' means an employee (as defined by section \n 2105 of title 5, United States Code) of the Department of \n Veterans Affairs, who is serving under an appointment without \n time limitation, and has been currently employed by such \n Department for a continuous period of at least 3 years, but \n does not include--\n (A) a reemployed annuitant under subchapter III of \n chapter 83, or chapter 84 of title 5, United States \n Code, or another retirement system for employees of the \n Federal Government;\n (B) an employee having a disability on the basis of \n which such employee is eligible for disability \n retirement under subchapter III of chapter 83 or \n chapter 84 of title 5, United States Code, or another \n retirement system for employees of the Federal \n Government;\n (C) an employee who is in receipt of a specific \n notice of involuntary separation for misconduct or \n unacceptable performance;\n (D) an employee who previously has received any \n voluntary separation incentive payment by the Federal \n Government under this Act or any other authority;\n (E) an employee covered by statutory reemployment \n rights who is on transfer to another organization; or\n (F) any employee who, during the twenty-four month \n period preceding the date of separation, has received a \n recruitment or relocation bonus under section 5753 of \n title 5, United States Code, or a recruitment bonus \n under section 7458 of title 38, United States Code;\n (G) any employee who, during the twelve-month \n period preceding the date of separation, received a \n retention allowance under section 5754 of title 5, \n United States Code, or a retention bonus under section \n 7458 of title 38, United States Code.\n (3) ``Secretary'' means the Secretary of Veterans Affairs.\n\nSEC. 3. DEPARTMENT PLANS; APPROVAL.\n\n (a) In General.--The Secretary, before obligating any resources for \nvoluntary separation incentive payments, shall submit to the Director \nof the Office of Management and Budget a strategic plan outlining the \nuse of such incentive payments and a proposed organizational chart for \nthe Department once such incentive payments have been completed.\n (b) Contents.--The plan shall specify--\n (1) the positions and functions to be reduced or \n eliminated, identified by organizational unit, geographic \n location, occupational category and grade level; the proposed \n coverage may be based on--\n (A) any component of the Department;\n (B) any occupation, level or type of position;\n (C) any geographic location;\n (D) other nonpersonal factors; or\n (E) any appropriate combination of the factors in \n paragraphs (A), (B), (C), and (D);\n (2) the manner in which such reductions will improve \n operating efficiency or meet actual or anticipated levels of \n budget or staffing resources;\n (3) the period of time during which incentives may be paid; \n and\n (4) a description of how the affected component(s) of the \n Department will operate without the eliminated functions and \n positions.\n (c) Approval.--The Director of the Office of Management and Budget \nshall approve or disapprove each plan submitted under subsection (a), \nand may make appropriate modifications to the plan with respect to the \ntime period in which voluntary separation incentives may be paid, with \nrespect to the number and amounts of incentive payments, or with \nrespect to the coverage of incentives on the basis of the factors in \nsubsection (b)(1).\n\nSEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.\n\n (a) Authority To Provide Voluntary Separation Incentive Payments.--\n (1) In general.--The Secretary may pay a voluntary \n separation incentive payment to an employee only to the extent \n necessary to reduce or eliminate the positions and functions \n identified by the strategic plan;\n (2) Employees who may receive incentives.--In order to \n receive a voluntary separation incentive payment, an employee \n must separate from service with the Department voluntarily \n (whether by retirement or resignation) under the provisions of \n this Act;\n (b) Amount and Treatment of Payments.--A voluntary separation \nincentive payment--\n (1) shall be paid in a lump sum after the employee's \n separation;\n (2) shall be equal to the lesser of--\n (A) an amount equal to the amount the employee \n would be entitled to receive under section 5595(c) of \n title 5, United States Code, if the employee were \n entitled to payment under such section (without \n adjustment for any previous payment made under that \n section); or\n (B) an amount determined by the Secretary, not to \n exceed $25,000;\n (3) shall not be a basis for payment, and shall not be \n included in the computation, of any other type of Government \n benefit;\n (4) shall not be taken into account in determining the \n amount of severance pay to which an employee may be entitled \n under section 5595 of title 5, United States Code, based on any \n other separation; and\n (5) shall be paid from the appropriations or funds \n available for payment of the basic pay of the employee.\n\nSEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.\n\n (a) An individual who has received a voluntary separation incentive \npayment under this Act and accepts any employment with the Government \nof the United States, or who works for any agency of the United States \nGovernment through a personal services contract, within 5 years after \nthe date of the separation on which the payment is based shall be \nrequired to repay, prior to the individual's first day of employment, \nthe entire amount of the incentive payment to the Department.\n (b)(1) If the employment under subsection (a) is with an Executive \nagency (as defined by section 105 of title 5, United States Code), the \nUnited States Postal Service, or the Postal Rate Commission, the \nDirector of the Office of Personnel Management may, at the request of \nthe head of the agency, waive the repayment if the individual involved \npossesses unique abilities and is the only qualified applicant \navailable for the position.\n (2) If the employment under subsection (a) is with an entity in the \nlegislative branch, the head of the entity or the appointing official \nmay waive the repayment if the individual involved possesses unique \nabilities and is the only qualified applicant available for the \nposition.\n (3) If the employment under subsection (a) is with the judicial \nbranch, the Director of the Administrative Office of the United States \nCourts may waive the repayment if the individual involved possesses \nunique abilities and is the only qualified applicant available for the \nposition.\n (c) For the purpose of this section, the term ``employment'' \nincludes--\n (1) for the purposes of subsections (a) and (b), employment \n of any length or under any type of appointment, but does not \n include employment that is without compensation; and\n (2) for the purposes of subsection (a), employment with any \n agency of the United States Government through a personal \n services contract.\n\nSEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.\n\n (a) In addition to any other payments which it is required to make \nunder subchapter III of chapter 983 or chapter 84 of title 5, United \nStates Code, the Department shall remit to the Office of Personnel \nManagement for deposit in the Treasury of the United States to the \ncredit of the Civil Service Retirement and Disability Fund an amount \nequal to 15 percent of the final basic pay of each employee of the \nDepartment who is covered under subchapter III of chapter 83 or chapter \n84 of title 5 to whom a voluntary separation incentive has been paid \nunder this Act.\n (b) For the purpose of this section, the term ``final basic pay'', \nwith respect to an employee, means the total amount of basic pay that \nwould be payable for a year of service by that employee, computed using \nthe employee's final rate of basic pay, and, if last serving on other \nthan a full-time basis, with appropriate adjustment therefor.\n\nSEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS.\n\n (a) In General.--The total full-time equivalent employment in the \nDepartment shall be reduced by one for each separation of an employee \nwho receives a voluntary separation incentive payment under this Act. \nthe reduction will be calculated by comparing the Department's full-\ntime equivalent employment for the fiscal; year in which the voluntary \nseparation payments are made with the actual full-time equivalent \nemployment for the prior fiscal year.\n (b) Enforcement.--The President, through the Office of Management \nand Budget, shall monitor the Department and take any action necessary \nto ensure that the requirements of this section are met.\n (c) Subsection (a) of this section may be waived upon a \ndetermination by the President that--\n (1) the existence of a state of war or other national \n emergency so requires; or\n (2) the existence of an extraordinary emergency which \n threatens life, health, safety, property, or the environment, \n so requires.\n\nSEC. 8. CONTINUED HEALTH INSURANCE COVERAGE.\n\n Section 8905a(d)(4) of title 5, United States Code, is amended--\n (1) in subparagraph (A) by inserting after force ``, or an \n involuntary separation from a position in or under the \n Department of Veterans Affairs due to a reduction in force or a \n title 38 staffing adjustment'';\n (2) in subparagraph (B) by inserting at the beginning \n thereof ``With respect to the Department of Defense,'';\n (3) by redesignating subparagraph (C) as subparagraph (D);\n (4) by adding a new subparagraph (C) as follows:\n (C) With respect to the Department of Veterans \n Affairs, this paragraph shall apply with respect to any \n individual whose continued coverage is based on a \n separation occurring on or after the date of enactment \n of this paragraph and before--\n (i) October 1, 2004; or\n (ii) February 1, 2005, if specific notice \n of such separation was given to such individual \n before October 1, 2004.\n\nSEC. 9. REGULATIONS.\n\n The Director of the Office of Personnel Management may prescribe \nany regulations necessary to administer the provisions of this Act.\n\nSEC. 10. LIMITATION; SAVINGS CLAUSE.\n\n (a) No voluntary separation incentive under this Act may be paid \nbased on the separation of an employee after September 30, 2004.;\n (b) This Act supplements and does not supersede other authority of \nthe Secretary.\n\nSEC. 11. EFFECTIVE DATE.\n\n (a) This Act shall take effect on the date of enactment.","summary":"Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Department to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total number of full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency. Or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.","title":"Department of Veterans Affairs Employment Reduction Assistance Act of 1999","text_len":12364,"sum_len":1223} {"bill_id":"105_s2172","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Whale Conservation Fund Act \nof 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the populations of whales that occur in waters of the \n United States are resources of substantial ecological, \n scientific, socioeconomic, and esthetic value;\n (2) whale populations--\n (A) form a significant component of marine \n ecosystems;\n (B) are the subject of intense research;\n (C) provide for a multimillion dollar whale \n watching tourist industry that provides the public an \n opportunity to enjoy and learn about great whales and \n the ecosystems of which the whales are a part; and\n (D) are of importance to Native Americans for \n cultural and subsistence purposes;\n (3) whale populations are in various stages of recovery, \n and some whale populations, such as the northern right whale \n (Eubaleana glacialis) remain perilously close to extinction;\n (4) the interactions that occur between ship traffic, \n commercial fishing, whale watching vessels, and other \n recreational vessels and whale populations may affect whale \n populations adversely;\n (5) the exploration and development of oil, gas, and hard \n mineral resources, marine debris, chemical pollutants, noise, \n and other anthropogenic sources of change in the habitat of \n whales may affect whale populations adversely;\n (6) the conservation of whale populations is subject to \n difficult challenges related to--\n (A) the migration of whale populations across \n international boundaries;\n (B) the size of individual whales, as that size \n precludes certain conservation research procedures that \n may be used for other animal species, such as captive \n research and breeding;\n (C) the low reproductive rates of whales that \n require long-term conservation programs to ensure \n recovery of whale populations; and\n (D) the occurrence of whale populations in offshore \n waters where undertaking research, monitoring, and \n conservation measures is difficult and costly;\n (7)(A) the Secretary of Commerce, through the Administrator \n of the National Oceanic and Atmospheric Administration, has \n research and regulatory responsibility for the conservation of \n whales under the Marine Mammal Protection Act of 1972 (16 \n U.S.C. 1361 et seq.); and\n (B) the heads of other Federal agencies and the Marine \n Mammal Commission established under section 201 of the Marine \n Mammal Protection Act of 1972 (16 U.S.C. 1401) have related \n research and management activities under the Marine Mammal \n Protection Act of 1972 or the Endangered Species Act of 1973 \n (16 U.S.C. 1531 et seq.);\n (8) the funding available for the activities described in \n paragraph (8) is insufficient to support all necessary whale \n conservation and recovery activities; and\n (9) there is a need to facilitate the use of funds from \n non-Federal sources to carry out the conservation of whales.\n\nSEC. 3. NATIONAL WHALE CONSERVATION FUND.\n\n Section 4 of the National Fish and Wildlife Establishment Act (16 \nU.S.C. 3703) is amended by adding at the end the following:\n ``(f)(1) In carrying out the purposes under section 2(b), the \nFoundation may establish a national whale conservation endowment fund, \nto be used by the Foundation to support research, management \nactivities, or educational programs that contribute to the protection, \nconservation, or recovery of whale populations in waters of the United \nStates.\n ``(2)(A) In a manner consistent with subsection (c)(1), the \nFoundation may--\n ``(i) accept, receive, solicit, hold, administer, and use \n any gift, devise, or bequest made to the Foundation for the \n express purpose of supporting whale conservation; and\n ``(ii) deposit in the endowment fund under paragraph (1) \n any funds made available to the Foundation under this \n subparagraph, including any income or interest earned from a \n gift, devise, or bequest received by the Foundation under this \n subparagraph.\n ``(B) To raise funds to be deposited in the endowment fund under \nparagraph (1), the Foundation may enter into appropriate arrangements \nto provide for the design, copyright, production, marketing, or \nlicensing, of logos, seals, decals, stamps, or any other item that the \nFoundation determines to be appropriate.\n ``(C)(i) The Secretary of Commerce may transfer to the Foundation \nfor deposit in the endowment fund under paragraph (1)--\n ``(I) any amount (or portion thereof) received by the \n Secretary under section 105(a)(1) of the Marine Mammal \n Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil \n penalty assessed by the Secretary under that section; or\n ``(II) any amount (or portion thereof) received by the \n Secretary as a settlement or award for damages in a civil \n action or other legal proceeding relating to damage of natural \n resources.\n ``(ii) The Directors of the Board shall ensure that any amounts \ntransferred to the Foundation under clause (i) for the endowment fund \nunder paragraph (1) are deposited in that fund in accordance with this \nsubparagraph.\n ``(3) It is the intent of Congress that in making expenditures from \nthe endowment fund under paragraph (1) to carry out activities \nspecified in that paragraph, the Foundation should give priority to \nfunding projects that address the conservation of populations of whales \nthat the Foundation determines--\n ``(A) are the most endangered (including the northern right \n whale (Eubaleana glacialis)); or\n ``(B) most warrant, and are most likely to benefit from, \n research managment, or educational activities that may be \n funded with amounts made available from the fund.\n ``(g) In carrying out any action on the part of the Foundation \nunder subsection (f), the Directors of the Board shall consult with the \nAdministrator of the National Oceanic and Atmospheric Administration \nand the Marine Mammal Commission.''.","summary":"National Whale Conservation Fund Act of 1998 - Amends the National Fish and Wildlife Establishment Act to authorize the National Fish and Wildlife Foundation to establish a national whale conservation endowment fund to be used to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in US waters. Permits the Foundation to enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate to raise funds to be deposited in the fund. Authorizes the Secretary of Commerce to transfer to the Foundation for deposit in the fund: (1) any amount received by the Secretary as a civil penalty assessed under the Marine Mammal Protection Act of 1972. Or (2) any amount received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. Declares it is the intent of the Congress that, in making expenditures from the fund, the Foundation should give priority to projects that address the conservation of populations of whales that the Foundation determines: (1) are the most endangered. Or (2) most warrant, and are most likely to benefit from, research management or educational activities. Requires the Directors to consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission in carrying out any action under this Act.","title":"National Whale Conservation Fund Act of 1998","text_len":6653,"sum_len":1588} {"bill_id":"107_hr4626","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Encouraging Work and Supporting \nMarriage Act of 2002''.\n\n TITLE I--ACCELERATION OF MARRIAGE PENALTY RELIEF\n\nSEC. 101. ACCELERATION OF INCREASE IN STANDARD DEDUCTION FOR JOINT \n RETURNS.\n\n (a) In General.--Paragraph (7) of section 63(c) of the Internal \nRevenue Code of 1986, as amended by section 301 of the Economic Growth \nand Tax Relief Reconciliation Act of 2001, is amended to read as \nfollows:\n ``(7) Applicable percentage.--For purposes of paragraph \n (2), the applicable percentage shall be determined in \n accordance with the following table:\n\n ``For taxable years beginning\n The applicable\n in calendar year--\n percentage is--\n 2003 or 2004........................... 170 \n 2005................................... 174 \n 2006................................... 184 \n 2007................................... 187 \n 2008................................... 190 \n 2009 and thereafter.................... 200.''.\n (b) Conforming Amendment.--Subsection (d) of section 301 of the \nEconomic Growth and Tax Relief Reconciliation Act of 2001 is amended by \nstriking ``December 31, 2004'' and inserting ``December 31, 2002''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2002.\n\nTITLE II--MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK \n CREDIT\n\nSEC. 201. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK \n CREDIT.\n\n (a) Eligibility of Ex-Felons Determined Without Regard to Family \nIncome.--Paragraph (4) of section 51(d) of the Internal Revenue Code of \n1986 is amended by adding ``and'' at the end of subparagraph (A), by \nstriking ``, and'' at the end of subparagraph (B) and inserting a \nperiod, and by striking all that follows subparagraph (B).\n (b) Increase in Maximum Age for Eligibility of Food Stamp \nRecipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended \nby striking ``25'' and inserting ``30''.\n (c) Clarification of Treatment of Individuals Under Individual Work \nPlans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to \nvocational rehabilitation referral) is amended by striking ``or'' at \nthe end of clause (i), by striking the period at the end of clause (ii) \nand inserting ``, or'', and by adding at the end the following new \nclause:\n ``(iii) an individual work plan developed \n and implemented by an employment network \n pursuant to subsection (g) of section 1148 of \n the Social Security Act with respect to which \n the requirements of such subsection are met.''\n (d) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for the employer after December 31, \n2002.\n\nSEC. 202. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK \n CREDIT.\n\n (a) In General.--Paragraph (1) of section 51(d) of the Internal \nRevenue Code of 1986 is amended by striking ``or'' at the end of \nsubparagraph (G), by striking the period at the end of subparagraph (H) \nand inserting ``, or'', and by adding at the end the following new \nsubparagraph:\n ``(I) a long-term family assistance recipient.''\n (b) Long-Term Family Assistance Recipient.--Subsection (d) of \nsection 51 of such Code is amended by redesignating paragraphs (10) \nthrough (12) as paragraphs (11) through (13), respectively, and by \ninserting after paragraph (9) the following new paragraph:\n ``(10) Long-term family assistance recipient.--The term \n `long-term family assistance recipient' means any individual \n who is certified by the designated local agency--\n ``(A) as being a member of a family receiving \n assistance under a IV-A program (as defined in \n paragraph (2)(B)) for at least the 18-month period \n ending on the hiring date,\n ``(B)(i) as being a member of a family receiving \n such assistance for 18 months beginning after August 5, \n 1997, and\n ``(ii) as having a hiring date which is not more \n than 2 years after the end of the earliest such 18-\n month period, or\n ``(C)(i) as being a member of a family which ceased \n to be eligible for such assistance by reason of any \n limitation imposed by Federal or State law on the \n maximum period such assistance is payable to a family, \n and\n ``(ii) as having a hiring date which is not more \n than 2 years after the date of such cessation.''\n (c) Increased Credit for Employment of Long-Term Family Assistance \nRecipients.--Section 51 of such Code is amended by inserting after \nsubsection (d) the following new subsection:\n ``(e) Credit for Second-Year Wages for Employment of Long-Term \nFamily Assistance Recipients.--\n ``(1) In general.--With respect to the employment of a \n long-term family assistance recipient--\n ``(A) the amount of the work opportunity credit \n determined under this section for the taxable year \n shall include 40 percent of the qualified second-year \n wages for such year, and\n ``(B) in lieu of applying subsection (b)(3), the \n amount of the qualified first-year wages, and the \n amount of qualified second-year wages, which may be \n taken into account with respect to such a recipient \n shall not exceed $10,000 per year.\n ``(2) Qualified second-year wages.--For purposes of this \n subsection, the term `qualified second-year wages' means \n qualified wages--\n ``(A) which are paid to a long-term family \n assistance recipient, and\n ``(B) which are attributable to service rendered \n during the 1-year period beginning on the day after the \n last day of the 1-year period with respect to such \n recipient determined under subsection (b)(2).\n ``(3) Special rules for agricultural and railway labor.--If \n such recipient is an employee to whom subparagraph (A) or (B) \n of subsection (h)(1) applies, rules similar to the rules of \n such subparagraphs shall apply except that--\n ``(A) such subparagraph (A) shall be applied by \n substituting `$10,000' for `$6,000', and\n ``(B) such subparagraph (B) shall be applied by \n substituting `$833.33' for `$500'.''.\n (d) Repeal of Separate Welfare-to-Work Credit.--\n (1) In general.--Section 51A of such Code is hereby \n repealed.\n (2) Clerical amendment.--The table of sections for subpart \n F of part IV of subchapter A of chapter 1 of such Code is \n amended by striking the item relating to section 51A.\n (e) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for the employer after December 31, \n2002.\n\n Passed the House of Representatives May 21, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Encouraging Work and Supporting Marriage Act of 2002 - Amends the Internal Revenue Code to increase the standard deduction for the married filing jointly category beginning in calendar year 2003. Modifies the work opportunity credit by: (1) repealing the requirement that a qualified ex-felon be a member of a low-income family. (2) increasing the maximum age for eligibility of food stamp recipients to 30 years, (3) redefining the term vocational rehabilitation referral. (4) adding long-term family assistance recipients to the definition of targeted groups. And (5) increasing the maximum allowable credit for employment of long-term family assistance recipients. Repeals the separate welfare-to-work credit.","title":"To amend the Internal Revenue Code of 1986 to accelerate the marriage penalty relief in the standard deduction and to modify the work opportunity credit and the welfare-to-work credit.","text_len":7917,"sum_len":712} {"bill_id":"114_hr376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home-Assembled Firearms Restriction \nAct of 2015''.\n\nSEC. 2. DO-IT-YOURSELF ASSAULT WEAPON BAN.\n\n (a) Banned Hazardous Products.--Notwithstanding section 3(a)(5)(E) \nof the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the \nfollowing shall be considered banned hazardous products under section 8 \nof such Act (15 U.S.C. 2057):\n (1) A firearm receiver casting or firearm receiver blank \n that--\n (A) at the point of sale does not meet the \n definition of a firearm in section 921(a) of title 18, \n United States Code; and\n (B) after purchase by a consumer, can be completed \n by the consumer to the point at which such casting or \n blank functions as a firearm frame or receiver for a \n semiautomatic assault weapon or machine gun.\n (2) An assault weapon parts kit.\n (3) A machinegun parts kit.\n (b) Enforcement.--Subsection (a) shall be treated as a ban under \nsection 19 of the Consumer Product Safety Act (15 U.S.C. 2068).\n (c) Consultation.--In enforcing this section, the Consumer Product \nSafety Commission shall periodically consult with the Bureau of \nAlcohol, Tobacco, Firearms and Explosives regarding effective \nstrategies for and methods of enforcement.\n\nSEC. 3. PROHIBITION OF ADVERTISING DO-IT-YOURSELF ASSAULT WEAPONS.\n\n (a) In General.--It shall be unlawful to market or advertise, on \nany medium of electronic communications, including over the Internet, \nfor the sale of any of the following:\n (1) A firearm receiver casting or firearm receiver blank \n that--\n (A) at the point of sale does not meet the \n definition of a firearm in section 921(a) of title 18, \n United States Code; and\n (B) after purchase by a consumer, can be completed \n by the consumer to the point at which such casting or \n blank functions as a firearm frame or receiver for a \n semiautomatic assault weapon or machinegun.\n (2) An assault weapon parts kit.\n (3) A machinegun parts kit.\n (b) Enforcement by the Federal Trade Commission.--A violation of \nsubsection (a) shall be treated as a violation of a rule defining an \nunfair or deceptive act or practice described under section 18(a)(1)(B) \nof the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The \nFederal Trade Commission shall enforce this section in the same manner, \nby the same means, and with the same jurisdiction, powers, and duties \nas though all applicable terms and provisions of the Federal Trade \nCommission Act (15 U.S.C. 41 et seq.) were incorporated into and made a \npart of this Act.\n (c) Rule of Construction.--Nothing contained in this Act shall be \nconstrued to limit the authority of the Federal Trade Commission under \nany other provision of law.\n\nSEC. 4. DEFINITIONS.\n\n (a) Terms.--For purposes of this Act--\n (1) the term ``assault weapon parts kit'' means any part or \n combination of parts not designed and intended for repair or \n replacement but designed and intended to enable a consumer who \n possesses all such necessary parts to assemble a semiautomatic \n assault weapon;\n (2) the term ``machinegun parts kit'' means any part or \n combination of parts designed and intended to enable a consumer \n who possesses all such necessary parts to assemble a machinegun \n or convert a firearm into a machinegun;\n (3) the term ``semiautomatic assault weapon'' means--\n (A) a semiautomatic rifle or semiautomatic shotgun \n that has the capacity to accept a detachable ammunition \n magazine; or\n (B) a semiautomatic pistol that has--\n (i) the capacity to accept a detachable \n ammunition magazine; and\n (ii) any one of the features described in \n subsection (b);\n (4) the term ``machinegun'' has the meaning given such term \n in section 5845(b) of the Internal Revenue Code of 1986;\n (5) the term ``semiautomatic pistol'' means any repeating \n pistol that utilizes a portion of the energy of a firing \n cartridge to extract the fixed cartridge case and chamber the \n next round and requires a separate pull of the trigger to fire \n each cartridge;\n (6) the term ``semiautomatic rifle'' has the meaning given \n such term in section 921(a)(28) of title 18, United States \n Code; and\n (7) the term ``semiautomatic shotgun'' means any repeating \n shotgun that utilizes a portion of the energy of a firing \n cartridge to extract the fixed cartridge case and chamber the \n next round and requires a separate pull of a trigger to fire \n each cartridge.\n (b) Special Features of a Semiautomatic Pistol.--The special \nfeatures described in subsection (a)(3)(B)(ii) are--\n (1) an ammunition magazine that attaches to the pistol \n outside of the pistol grip;\n (2) a threaded barrel capable of accepting a barrel \n extender, flash suppressor, forward handgrip, or silencer;\n (3) a shroud that is attached to, or partially or \n completely encircles, the barrel and that permits the shooter \n to hold the firearm with the nontrigger hand without being \n burned;\n (4) a manufactured weight of 50 ounces or more when the \n pistol is unloaded; and\n (5) a semiautomatic version of an automatic firearm.\n\nSEC. 5. CONSTRUCTION.\n\n Nothing in this Act shall be construed as limiting the ability of a \nState to enact more restrictive gun-related laws, or bans on firearm \nreceiver castings, firearm receiver blanks, assault weapon parts kits, \nor machinegun parts kits.","summary":"Home-Assembled Firearms Restriction Act of 2015 Considers as a banned hazardous product under the Consumer Product Safety Act: (1) any firearm receiver casting or firearm receiver blank that does not meet the definition of a firearm under the federal criminal code at the point of sale but that can be completed after purchase by the consumer to function as a firearm frame or receiver for a semiautomatic assault weapon or machine gun, or (2) an assault weapon parts kit or machine gun parts kit. Makes it unlawful to market or advertise any of such weapons for sale on any medium of electronic communications, including over the Internet. Requires marketing or advertising violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.","title":"Home-Assembled Firearms Restriction Act of 2015","text_len":6091,"sum_len":780} {"bill_id":"112_s3649","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Superfund Emergency Response Act of \n2012''.\n\nSEC. 2. DISASTER RESPONSE AT SITES ON THE NATIONAL PRIORITIES LIST.\n\n (a) In General.--Notwithstanding any other provision of law, the \nAdministrator of the Environmental Protection Agency (referred to in \nthis section as the ``Administrator'') may carry out any assessment, \nmonitoring, remediation, repair, or construction activity that the \nAdministrator determines to be necessary at a site that--\n (1) is proposed to be listed on, is listed on, or has been \n deleted from, the National Priorities List under the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9601 et seq.); and\n (2) is located in an area that the President has declared a \n major disaster in accordance with section 401 of the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act (42 \n U.S.C. 5170).\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $10,000,000 for each of fiscal \nyears 2013 through 2018.\n\nSEC. 3. DISASTER ASSESSMENTS.\n\n Title I of the Comprehensive Environmental Response, Compensation, \nand Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding \nat the end the following:\n\n``SEC. 129. SITE ASSESSMENTS AFTER A MAJOR DISASTER.\n\n ``(a) In General.--The Governor or Senator of a State may request \nthat the Administrator carry out an assessment and submit a report on \nthe impacts, if any, of a major disaster (as defined in section 102 of \nthe Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 \nU.S.C. 5122)) on any site that is--\n ``(1) proposed to be listed on or listed on the National \n Priorities List; and\n ``(2) located in an area that the President has declared a \n major disaster in accordance with section 401 of the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act (42 \n U.S.C. 5170).\n ``(b) Response.--\n ``(1) In general.--Not later than 15 days after the date on \n which a request described in subsection (a) is submitted, the \n Administrator shall--\n ``(A) determine whether to carry out the \n assessment; and\n ``(B) inform the Governor or Senator, as \n applicable, of the determination.\n ``(2) Preliminary assessment.--\n ``(A) In general.--If the Administrator determines \n to carry out an assessment under this section, the \n assessment shall include--\n ``(i) an evaluation of whether the major \n disaster resulted in the release of any \n contaminants into the ambient environment that \n threaten public health and the environment;\n ``(ii) an assessment of any actions \n necessary to mitigate a toxic release, repair \n any damage, or provide monitoring in response \n to damage associated with the major disaster, \n along with an estimate of the cost to complete \n those actions;\n ``(iii) a list of any actions already taken \n by Administrator, including actions in \n coordination with State and local governments, \n to prevent, mitigate, or remediate any damage \n resulting from the major disaster at the site; \n and\n ``(iv) any information needed to alert the \n public to any threat, or potential threat, to \n public health and the environment relating to \n the release of contaminants at the site as a \n result of a major disaster.\n ``(B) Public notice.--Not later than 30 days after \n the date on which the Administrator determines to carry \n out an assessment described in subsection (a), the \n Administrator shall--\n ``(i) complete the assessment; and\n ``(ii) publish the results of the \n assessment on a publicly accessible Internet \n site.\n ``(3) Amended assessment.--The Administrator may amend or \n update any assessment carried out under this section during the \n 1-year period following the date on which the Administrator \n determines to carry out the assessment.''.\n\nSEC. 4. STUDY OF SITES ON THE NATIONAL PRIORITIES LIST AND EXTREME \n WEATHER.\n\n Title III of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9651 et seq.) is \namended by adding at the end the following:\n\n``SEC. 313. STUDY ON SITES ON THE NATIONAL PRIORITIES LIST AND EXTREME \n WEATHER.\n\n ``(a) Definition of Extreme Weather Event.--In this section, the \nterm `extreme weather event' means--\n ``(1) severe and unseasonable weather;\n ``(2) heavy precipitation;\n ``(3) a hurricane;\n ``(4) a storm surge;\n ``(5) a tornado or other windstorm, including a derecho;\n ``(6) extreme heat and cold; and\n ``(7) any other event that qualifies as a `major disaster' \n under section 102 of the Robert T. Stafford Disaster Relief and \n Emergency Assistance Act (42 U.S.C. 5122).\n ``(b) Study.--Not later than 2 years after the date of enactment of \nthis section, the Administrator shall carry out a study and submit to \nCongress a report that includes--\n ``(1) an assessment of the existing vulnerability of each \n property that, due to an extreme weather event, is proposed to \n be listed, listed, or removed from the National Priorities \n List, particularly in relation to the potential for \n contaminants to leach or enter into the ambient environment and \n threaten public health;\n ``(2) an evaluation of the quantity of properties proposed \n to be listed or listed on the National Priorities List in areas \n that are prone to flooding as a result of an extreme weather \n event, including an estimate of the cost necessary to remediate \n each site so that the site can be removed from the National \n Priorities List; and\n ``(3) any recommendations of the Administrator relating \n to--\n ``(A) emergency response protocols in the event of \n an extreme weather event to prevent any release of \n contaminants into the ambient environment, including \n coordination between the regional office, appropriate \n State and local officials, and any relevant community \n advisory groups;\n ``(B) strategies the Administrator determines \n necessary to improve the resiliency of assessments, \n monitoring, or construction carried out on proprieties \n on the National Priorities List as extreme weather \n events become more common; and\n ``(C) additional policies necessary to enhance the \n resiliency of properties on the National Priorities \n List as a result of extreme weather events, including \n any modifications of existing Federal law.''.","summary":"Superfund Emergency Response Act of 2012 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to carry out any assessment, monitoring, remediation, repair, or construction activity determined to be necessary at a site that: (1) is proposed to be listed on, is listed on, or has been deleted from the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). And (2) is located in an area that the President has declared a major disaster in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Amends CERCLA to authorize a state governor or senator to request that the Administrator carry out an assessment and report on the impacts of a major disaster on any proposed or listed NPL site located in a major disaster area. Requires the assessment to include: (1) an evaluation of whether the disaster resulted in the release of any contaminants into the ambient environment that threaten public health and the environment. (2) an assessment of any actions necessary to mitigate a toxic release, repair any damage, or provide monitoring in response to disaster damage. (3) a list of actions already taken by Administrator to prevent, mitigate, or remediate any disaster damage at the site. And (4) any information needed to alert the public to any threat to public health and the environment relating to the release of contaminants at the site. Directs the Administrator to study and report on: (1) an assessment of the vulnerability of each property that, due to an extreme weather event, is proposed to be listed, is listed, or is removed from the NPL. (2) an evaluation of the quantity of properties proposed or listed on the NPL in areas that are prone to flooding as a result of such an event. And (3) recommendations relating to emergency response protocols in such an event to prevent any release of contaminants into the ambient environment, strategies to improve the resiliency of assessments, monitoring, or construction carried out on NPL proprieties as such events become more common, and additional policies necessary to enhance the resiliency of NPL properties as a result of such events. Defines an extreme weather event as severe and unseasonable weather, heavy precipitation, a hurricane, a storm surge, a tornado or other windstorm, extreme heat and cold, or any other event that qualifies as a major disaster.","title":"A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide assistance for natural disaster response at Superfund sites, and for other purposes.","text_len":7770,"sum_len":2451} {"bill_id":"114_hr4278","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Safer \nNeighborhoods Gun Buyback Act of 2015''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--GUN BUYBACK GRANT PROGRAM\n\nSec. 101. Program authorized.\nSec. 102. Applications.\nSec. 103. Term of grant.\nSec. 104. Smart prepaid cards.\nSec. 105. Uses of funds.\nSec. 106. Definitions.\nSec. 107. Authorization of appropriations.\n TITLE II--CRIMINAL PROVISION\n\nSec. 201. Use of smart prepaid card to buy or sell a firearm.\n\n TITLE I--GUN BUYBACK GRANT PROGRAM\n\nSEC. 101. PROGRAM AUTHORIZED.\n\n (a) In General.--The Director of the Bureau of Justice Assistance \n(referred to in this title as the ``Director'') may make grants to \neligible entities to conduct gun buyback programs.\n (b) Eligible Entity Defined.--In this title, the term ``eligible \nentity'' means--\n (1) a State;\n (2) a unit of local government; or\n (3) a gun dealer if neither the unit of local government \n nor the State where such dealer is located receives a grant \n under this title.\n\nSEC. 102. APPLICATIONS.\n\n (a) Grants.--The chief executive of an eligible entity seeking a \ngrant under this title shall submit an application to the Director at \nsuch time and containing such information as the Director may \nreasonably require.\n (b) Subgrants.--A gun dealer located in a unit of local government \nor State that does receive a grant under this title seeking a subgrant \nshall submit an application to the chief executive of such unit of \nlocal government or State at such time and containing such information \nas the chief executive may reasonably require, including proof of such \ndealer's license under section 923 of title 18, United States Code.\n\nSEC. 103. TERM OF GRANT.\n\n (a) Term.--The term of a grant awarded under this title shall be \ntwo years.\n (b) Availability of Grant Funds.--\n (1) States or units of local government.--A State or unit \n of local government that receives a grant under this title \n shall return to the Director any remaining smart prepaid cards \n and any unused portion of such grant at the end of the two-year \n and 270-day period beginning on the date that the grant was \n awarded.\n (2) Gun dealers.--A gun dealer that receives a grant or \n subgrant under this title shall return to the Director any \n remaining smart prepaid cards and any unused portion of such \n grant or subgrant that was allocated to be used to buy back \n guns--\n (A) in the case of a gun dealer receiving a grant, \n at the end of the two-year period beginning on the date \n that the grant was awarded; or\n (B) in the case of a gun dealer receiving a \n subgrant, at the end of the two-year period beginning \n on the date that the grant was awarded to the State or \n unit of local government from which the gun dealer \n received a subgrant.\n (c) Amounts Returned.--The Director shall return to the general \nfund of the Treasury any amounts returned under subsection (b).\n\nSEC. 104. SMART PREPAID CARDS.\n\n (a) In General.--In conducting the grant program authorized under \nsection 101, the Director may reserve such funds as may be necessary to \nacquire and distribute smart prepaid cards to eligible entities that \nreceive grants under this title. The Director shall distribute the \nsmart prepaid cards without any funds loaded onto the cards.\n (b) Market Value of Guns.--The Director shall determine the market \nvalue of each gun that the Director determines should be included in \nthe gun buyback program and make such information publicly available.\n (c) Prohibition on Use of Cards To Buy Guns.--\n (1) In general.--A person may not use a smart prepaid card \n in the acquisition of a gun or ammunition, and a person may not \n accept a smart prepaid card in the transfer (including a loan) \n of a gun or ammunition.\n (2) Penalty.--A person that violates paragraph (1) shall \n pay to the Director an amount that is equal to the value of the \n prohibited sale.\n\nSEC. 105. USES OF FUNDS.\n\n (a) States and Units of Local Government.--A State or unit of local \ngovernment receiving a grant under this title shall use such funds to \ndo the following:\n (1) Gun buyback program.--Use such funds to--\n (A) conduct a gun buyback program; or\n (B) make subgrants to gun dealers in such State or \n unit of local government to conduct gun buyback \n programs, and distribute the smart prepaid cards such \n State or unit of local government receives to gun \n dealers receiving subgrants.\n (2) Gun and ammunition recycling program.--Use not more \n than 10 percent of such funds to recycle the guns and \n ammunition that such State or unit of local government collects \n or receives from gun dealers.\n (3) Administrative costs.--Use not more than 15 percent of \n such funds for the administrative costs of carrying out the \n grant program under this title, including the criminal database \n checks under subsection (f).\n (b) Gun Dealers.--\n (1) In general.--A gun dealer receiving a grant or subgrant \n under this title shall use such funds to conduct a gun buyback \n program.\n (2) Smart prepaid card amounts.--\n (A) In order to purchase a gun through a gun \n buyback program, a gun dealer shall load onto a smart \n prepaid card 125 percent of the market value of the gun \n that the individual wishes to dispose of (as determined \n by the Director under section 104(b)).\n (B) A gun dealer may increase the purchase price of \n a gun and load an amount onto a smart prepaid card that \n is greater than 125 percent of the market value of the \n gun if the gun dealer determines that the gun has been \n altered in a way that would increase the market value \n of the gun (such as an altered grip, or the addition of \n a scope).\n (3) Guns received.--\n (A) In the case of a gun dealer receiving a grant \n under this title, the gun dealer shall deliver a gun or \n ammunition the dealer receives under the gun buyback \n program to the closest office of the Bureau of Alcohol, \n Tobacco, Firearms and Explosives not later than 60 days \n after receiving such gun.\n (B) In the case of a gun dealer receiving a \n subgrant under this title, the gun dealer shall deliver \n a gun or ammunition the dealer receives under the gun \n buyback program to the State or unit of local \n government from which it receives the subgrant not \n later than 60 days after receiving such gun.\n (c) Ammunition Collection.--A State, unit of local government, or \ngun dealer conducting a gun buyback program under this title may accept \nammunition from individuals wishing to dispose of it, which shall be \nrecycled in accordance with paragraph (3), but may not use smart \nprepaid cards to purchase ammunition under the gun buyback program.\n (d) Incentives for Gun Dealer Participation.--To the extent that \nthe Director determines necessary to facilitate participation of gun \ndealers in the gun buyback program, grant funds may be used to provide \nmonetary or other incentives to gun dealers to participate in such \nprogram. For purposes of subsection (a), any such incentives shall be \ntreated as part of the subgrant to the gun dealer described in \nparagraph (1)(B) thereof.\n (e) Resale of Guns Prohibited.--A State, unit of local government, \nor gun dealer conducting a gun buyback program under this title may not \nsell a gun or ammunition received under such program.\n (f) Criminal Database Check.--A State, unit of local government, or \noffice of the Bureau of Alcohol, Tobacco, Firearms and Explosives that \nreceives a gun under a gun buyback program under this title shall, not \nlater than 21 days after receiving the gun, use any database accessible \nto the State, unit of local government, or office of the Bureau of \nAlcohol, Tobacco, Firearms and Explosives, as applicable, in order to \ndetermine whether the gun was used in the commission of a crime. If \nsuch a gun was used in the commission of a crime, the gun shall be \ndelivered to the appropriate prosecuting authority.\n\nSEC. 106. DEFINITIONS.\n\n In this title:\n (1) Ammunition.--The term ``ammunition'' has the meaning \n given such term in section 921(a)(17)(A) of title 18, United \n States Code.\n (2) Gun.--The term ``gun'' means ``firearm'' as defined in \n section 921(a)(3) of title 18, United States Code.\n (3) Gun buyback program.--The term ``gun buyback program'' \n means a program under which a State, a unit of local \n government, or a gun dealer, using smart prepaid cards as \n described in section 105(b)(2), purchases back from individuals \n wishing to dispose of them, a gun identified by the Director \n under section 104(b).\n (4) Gun dealer.--The term ``gun dealer'' means a dealer of \n firearms licensed under section 923 of title 18, United States \n Code.\n (5) Smart prepaid card.--The term ``smart prepaid card'' \n means a card issued by the Director that--\n (A) is redeemable at multiple, unaffiliated \n merchants or service providers;\n (B) contains a mechanism, for the purpose of \n preventing the cardholder from using it to purchase a \n gun or ammunition, that recognizes the merchant \n category code of a merchant and prohibits the use of \n such card at a place of business subject to a license \n to deal in firearms under section 923 of title 18, \n United States Code;\n (C) is honored, upon presentation, by merchants \n solely for goods or services, except for merchants \n described in subparagraph (B);\n (D) is loaded on a prepaid basis by a State, unit \n of local government, or gun dealer for use in a gun \n buyback program;\n (E) clearly and conspicuously bears the words \n ``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR \n AMMUNITION'' in capital and raised letters on the card; \n and\n (F) may not redeemed for coins or currency.\n (6) State.--The term ``State'' means each of the 50 States, \n the District of Columbia, or any commonwealth, territory, or \n possession of the United States.\n\nSEC. 107. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $360,000,000 for each of \nfiscal years 2017 through 2019 to carry out this title.\n\n TITLE II--CRIMINAL PROVISION\n\nSEC. 201. USE OF SMART PREPAID CARD IN THE ACQUISITION OR TRANSFER OF A \n FIREARM.\n\n (a) In General.--Chapter 44 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 932. Use of smart prepaid card in the acquisition or transfer of \n a firearm\n ``Whoever, in or affecting interstate or foreign commerce, uses a \nsmart prepaid card (as such term is defined in section 106 of the Safer \nNeighborhoods Gun Buyback Act of 2015) in connection with the \nacquisition of, or accepts a smart prepaid card in connection with the \ntransfer (including a loan) of a firearm or ammunition shall be fined \nunder this title, imprisoned for not more than 2 years, or both.''.\n (b) Clerical Amendments.--\n (1) Conforming amendment.--Section 924(a)(1) of title 18, \n United States Code, is amended by inserting after ``section \n 929'' the following: ``or section 932''.\n (2) Table of sections.--The table of sections at the \n beginning of chapter 44, United States Code, is amended by \n inserting after the item relating to section 931 the following:\n\n``932. Use of smart prepaid card in the acquisition or transfer of a \n firearm.''.","summary":"Safer Neighborhoods Gun Buyback Act of 2015 This bill authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to make grants to states, local governments, or gun dealers to conduct gun buyback programs. The BJA may distribute smart prepaid cards for use by a state, local government, or gun dealer to compensate individuals who dispose of firearms. Additionally, the bill amends the federal criminal code to make it a crime to use or accept a smart prepaid card in the acquisition or transfer of a firearm or ammunition. A violator is subject to a fine, up to two years in prison, or both.","title":"Safer Neighborhoods Gun Buyback Act of 2015","text_len":12866,"sum_len":607} {"bill_id":"103_hr3120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Crime Victims' Bill of Rights Act''.\n\nSEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES.\n\n Rule 32 of the Federal Rules of Criminal Procedure is amended--\n (1) by striking ``and'' at the end of subdivision \n (a)(1)(B);\n (2) by striking the period at the end of subdivision \n (a)(1)(C) and inserting ``; and'';\n (3) by inserting after subdivision (a)(1)(C) the following:\n ``(D) address personally any victim of the offense \n for which sentence is to be imposed (or a member of \n that victim's immediate family or, in the discretion of \n the court, any other appropriate person representing \n the victim) who is present at the sentencing hearing, \n and afford the individual so addressed the opportunity \n to make a statement and present information in relation \n to the sentence.'';\n (4) in the penultimate sentence of subdivision (a)(1), by \n striking ``equivalent opportunity'' and inserting ``opportunity \n equivalent to that of the defendant's counsel''; and\n (5) by adding at the end of subdivision (a)(1) the \n following: ``Upon request by a victim, the court may hear in \n camera such a statement by that victim.''.\n\nSEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM \n COMPENSATION AND ASSISTANCE PROGRAMS.\n\n Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. \n10602(b) is amended--\n (1) by striking ``and'' at the end of paragraph (7);\n (2) by inserting after paragraph (7) the following:\n ``(8) such State provides an effective system of notice to \n crime victims of the existence of compensation and other \n programs to assist victims of crime in which those victims \n might be eligible to participate; and''; and\n (3) by redesignating existing paragraph (8) as paragraph \n (9).\n\nSEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS.\n\n (a) Separation of Victim from Accused.--Section 501(b) of title I \nof the Omnibus Crime Control and Safe Streets Act of 1968 is amended--\n (1) by striking the period at the end of paragraph (21) and \n adding ``; and''; and\n (2) by adding at the end the following:\n ``(22) programs that allow for the physical and visual \n separation of a victim of crime from an alleged perpetrator of \n such crime while waiting in a judicial facility for a courtroom \n appearance.''.\n (b) Formula Grant Reduction for Noncompliance.--Section 506 of \ntitle I of the Omnibus Crime Control and Safe Streets Act of 1968 is \namended by adding at the end the following:\n ``(g) In order not to reduce the funds available under this subpart \nby 25 percent (for redistribution to other participating States), a \nState shall, on the first day of each fiscal year succeeding the first \nfiscal year beginning after September 30, 1994--\n ``(1) notify a victim of crime of the availability of \n visual and physical separation from an alleged perpetrator of \n such crime while waiting in a judicial facility for a courtroom \n appearance;\n ``(2) provide such victim the opportunity for visual and \n physical separation from an alleged perpetrator of such crime \n while waiting in a judicial facility for a courtroom \n appearance;\n ``(3) provide a victim of crime with the earliest possible \n notice of the scheduling of each court proceeding or parole \n hearing that the witness is either required or entitled to \n attend; and\n ``(4) address personally any victim of the offense for \n which sentence is to be imposed (or a member of that victim's \n immediate family or, in the discretion of the court, any other \n appropriate person representing the victim) who is present at \n the sentencing hearing, and afford the individual so addressed \n the opportunity to make a statement and present information in \n relation to the sentence.''.\n\nSEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION \n PROGRAMS AND TO SEPARATE WAITING FACILITIES.\n\n The Attorney General shall assure that Federal prosecutors and law \nenforcement officials--\n (1) provide an effective system of notice to crime victims \n of the existence of compensation and other programs to assist \n victims of crime in which those victims might be eligible to \n participate;\n (2) notify victims of Federal crime of the availability of \n visual and physical separation from alleged perpetrators of \n such crime while waiting in a judicial facility for a courtroom \n appearance;\n (3) provide victims of Federal crime the opportunity for \n visual and physical separation from alleged perpetrators of \n such crime while waiting in a judicial facility for a courtroom \n appearance; and\n (4) provide a victim of crime with the earliest possible \n notice of the scheduling of each court proceeding or parole \n hearing that the witness is either required or entitled to \n attend.","summary":"Crime Victims' Bill of Rights Act - Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence, to address personally any victim of the offense for which sentence is to be imposed who is present at the sentencing hearing and to afford such individual the opportunity to make a statement and present information in relation to the sentence. Permits the court, upon request by a victim, to hear in camera such a statement by that victim. Amends the Victims of Crime Act of 1984 to condition Federal grant eligibility of crime victim compensation programs on a State providing an effective system of notice to eligible victims of the existence of compensation and other programs to assist victims of crime. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize drug control and system improvement grants to States to be used for programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance. And (2) provide for a reduction of formula grants by 25 percent for States which fail to notify a crime victim of specified rights. Directs the Attorney General to assure that Federal prosecutors and law enforcement officials: (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims who might be eligible to participate. (2) notify crime victims of the availability of, and provide such victims the opportunity for, visual and physical separation from alleged crime perpetrators while waiting in a judicial facility for a courtroom appearance. And (3) provide a crime victim with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is required or entitled to attend.","title":"Crime Victims' Bill of Rights Act","text_len":5410,"sum_len":1879} {"bill_id":"106_hr4213","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Mortgage Protection Act of \n2000.''\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) especially vulnerable consumers are not adequately \n protected by current Federal law from the abusive practices of \n a few participants in the residential mortgage industry;\n (2) additional legislation is necessary and appropriate to \n ensure that such consumers are better protected against abusive \n lending practices; and\n (3) there is a need to streamline the framework regulating \n mortgage originations.\n (b) Purpose.--The purpose of this Act is--\n (1) to establish additional substantive protections for \n certain especially vulnerable consumers;\n (2) to ensure that such consumers are able to protect the \n equity in their homes;\n (3) to initiate the process of streamlining the regulatory \n framework for mortgage originations; and\n (4) to clarify mortgage broker compensation.\n\nSEC. 3. AMENDMENTS TO THE TRUTH IN LENDING ACT.\n\n (a) Section 103(aa)(1)(A).--Section 103(aa)(1)(A) of the Truth in \nLending Act (15 U.S.C. 1602(aa)(1)(A)) is amended by striking ``by more \nthan 10 percentage points'' and by striking ``creditor; or'' and \ninserting the following: ``creditor by more than--\n ``(i) 8 percentage points, in the case of a transaction \n secured by a first-lien security interest in the property; or\n ``(ii) 9 percentage points, in the case of a transaction \n secured by a subordinate-lien security interest in the \n property; or''.\n (b) Section 103(aa)(1)(B)(i).--Section 103(aa)(1)(B)(i) of the \nTruth in Lending Act (15 U.S.C. 1602(aa)(1)(B)(i)) is amended by \nstriking ``8 percent'' and inserting ``6 percent, in the case of a \ntransaction secured by a first-lien security interest in the property, \nor 7 percent, in the case of a transaction secured by a subordinate-\nlien security interest in the property''.\n (c) Section 103(aa)(4).--Section 103(aa)(4) of the Truth in Lending \nAct (15 U.S.C. 1602(aa)(4)) is amended by striking ``For purposes of \nparagraph (1)(B),'' and inserting ``For purposes of paragraph (1)(B) \nand section 129(h) of this Act''.\n (d) Section 103(aa)(5).--Section 103(aa)(5) of the Truth in Lending \nAct (15 U.S.C. 1602(aa)(5)) is amended by inserting after ``extension \nof credit'' the following: ``, except as provided in section 129(h) of \nthis Act''.\n (e) Section 129.--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by striking subsections (a) and (b), \nredesignating subsections (c) through (i) as subsections (a) through \n(g), respectively, and redesignating subsections (j) through (l) as \nsubsections (m) through (o), respectively.\n (f)(1) Section 129(a)(2).--Section 129(a)(2) of the Truth in \nLending Act (15 U.S.C. 1639(a)(2)), as redesignated by subsection (e), \nis amended by striking subparagraphs (A) and (B) and inserting the \nfollowing:\n ``(A) the amount of the penalty does not exceed 3 \n percent of the total loan amount, if the prepayment \n occurs during the 1-year period beginning on the date \n on which the mortgage is consummated;\n ``(B) the amount of the penalty does not exceed 2 \n percent of the total loan amount, if the prepayment \n occurs during the 1-year period beginning on the date \n of expiration of the 1-year period identified in \n subparagraph (A);\n ``(C) the amount of the penalty does not exceed 1 \n percent of the total loan amount, if the prepayment \n occurs during the 1-year period beginning on the date \n of the expiration of the 1-year period identified in \n subparagraph (B);'',\nand by redesignating subparagraphs (C) and (D) as subparagraphs (D) and \n(E), respectively.\n (2) Section 129(a)(2)(D).--Section 129(a)(2)(D) of the Truth in \nLending Act (15 U.S.C. 1639(a)(2)(D)), as redesignated by subsection \n(e) and paragraph (1), is amended by striking ``5-year period'' and \ninserting\n``3-year period''.\n (g) Section 129(e).--Section 129(e) of the Truth in Lending Act (15 \nU.S.C. 1639(e)), as redesignated by subsection (e), is amended by \nstriking ``more than 2'' and inserting ``any''.\n (h) Section 129(h).--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by inserting after section 129(g), as \nredesignated by subsection (e), the following:\n ``(h) Restrictions on the Charging of Closing Costs.--A creditor \nshall not make a mortgage referred to in section 103(aa) the proceeds \nof which will be used to pay the outstanding balance of an existing \nmortgage referred to in section 103(aa) within 1 year of the date of \nconsummation of such existing mortgage, unless--\n ``(1) all points and fees, imposed directly or indirectly \n by the creditor in connection with the transaction, are \n calculated solely on the basis of the new advances received by \n the borrower in connection with the refinancing; or\n ``(2) the annual percentage rate of the refinance loan is \n lower by 2 or more percentage points than the annual percentage \n rate of the existing mortgage.''.\n (i) Section 129(i).--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by inserting after section 129(h), as created \nby subsection (h), the following:\n ``(i) No Encouragement of Default.--A creditor shall not recommend \nto a consumer, at any time in connection with the making of a mortgage \nreferred to in section 103(aa), that the consumer fail to make any \npayment as and when due and payable under the terms of any existing \ndebt obligation of the consumer.''.\n (j) Section 129(j).--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by inserting after section 129(i), as created \nby subsection (i), the following:\n ``(j) Reporting of Payment History.--A creditor shall report both \nfavorable and unfavorable payment history information relating to any \nconsumer of a mortgage referred to in section 103(aa) to a nationally \nrecognized credit bureau at least quarterly each year.''.\n (k) Section 129(k).--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by inserting after section 129(j), as created \nby subsection (j), the following:\n ``(k) No Profit From Foreclosure.--A creditor shall not profit \nmonetarily from the sale at foreclosure of any property securing a \nmortgage referred to in section 103(aa), whether directly from such a \nforeclosure sale or indirectly through a resale after the purchase of \nthe property by the creditor at such a foreclosure sale.''.\n (l) Section 129(l).--Section 129 of the Truth in Lending Act (15 \nU.S.C. 1639) is amended by inserting after section 129(k), as created \nby subsection (k), the following:\n ``(l) Providing a Statement of the Amount of Satisfaction.--Upon \nreceipt of a written or oral request, a creditor or any subsequent \nassignee who holds a mortgage referred to in section 103(aa) shall \nprovide a written statement setting forth the amounts necessary to pay \nin full and satisfy the debt obligation of a mortgage referred to in \nsection 103(aa) within 3 business days of receipt of the request.''.\n (n) Section 130(b).--Section 130(b) of the Truth in Lending Act (15 \nU.S.C. 1640(b)) is amended by striking all after ``the creditor or \nassignee notifies the person concerned of the error and'' and inserting \n``the creditor or assignee--\n ``(1) in the case of a failure to comply consisting of a \n finance charge or annual percentage rate actually disclosed \n that is lower than that which should have been disclosed, makes \n whatever adjustments in the appropriate account are necessary \n to ensure that the person will not be required to pay an amount \n in excess of the charge actually disclosed, or the dollar \n equivalent of the annual percentage rate actually disclosed, \n whichever is lower; or\n ``(2) in the case of any other failure to comply, executes \n and offers to the person for execution a legally effective \n instrument that modifies the underlying transaction such that \n the failure to comply is eliminated.''.\n\nSEC. 4. AMENDMENTS TO THE REAL ESTATE SETTLEMENT PROCEDURES ACT.\n\n (a) Section 4(a).--The second sentence of section 4(a) of the Real \nEstate Settlement Procedures Act (12 U.S.C. 2603(a)) is amended by \nstriking ``Such form shall conspicuously and clearly itemize all \ncharges imposed upon the borrower and all charges imposed upon the \nseller in connection with the settlement and'' and inserting ``Such \nform shall conspicuously and clearly itemize all charges imposed \ndirectly upon the borrower and all charges imposed directly upon the \nseller (whether paid outside of closing or otherwise) in connection \nwith the settlement. This subsection shall not be construed to require \nthat the standard form shall itemize fees earned by any settlement \nservice provider in connection with the transaction to the extent such \nfees are paid by the lender and reflect the present value of interest \nyielded by the federally related mortgage loan. Such form also''.\n (b) Section 5(b).--Section 5(b) of the Real Estate Settlement \nProcedures Act (12 U.S.C. 2604(b)) is amended by striking ``and'' at \nthe end of paragraph (4), striking the period at the end of paragraph \n(5) and inserting\n``; and'' and by adding after paragraph (5) the following:\n ``(6) an explanation of the fact that a mortgage broker may \n be compensated for its services provided in connection with the \n federally related mortgage loan with funds derived from (A) \n direct payments made by the borrower, (B) payments made by the \n lender that reflect the present value of interest yielded by \n the federally related mortgage loan, or (C) a combination of \n both the foregoing sources.''.\n (c)(1) Section 5(c).--Section 5(c) of the Real Estate Settlement \nProcedures Act (12 U.S.C. 2604(c)) is amended by striking ``the \nborrower is likely to incur'' and inserting ``likely to be imposed \ndirectly upon the borrower''.\n (2) Section 5(c).--Section 5(c) of the Real Estate Settlement \nProcedures Act (12 U.S.C. 2604(c)) is amended by inserting after \nparagraph (6) at the end thereof the following: ``The good faith \nestimate required by this subsection shall include the following \nstatement in conspicuous type size: `If you obtain this loan, the \nlender will have a mortgage on your home. You could lose your home, and \nany money you have put into it, if you do not meet your obligations \nunder the loan.'''.\n\nSEC. 5. FEDERAL PREEMPTION.\n\n (a) In General.--No requirement or prohibition may be imposed under \nthe laws of any State with respect to the subject matter covered by the \namendments made by this Act, including limitations or prohibitions in \nconnection with high-cost or high-fee mortgage loans for which it is \nperceived that consumers should be afforded additional substantive \nprotections.\n (b) Interpretation.--In response to a request from any person, the \nBoard of Governors of the Federal Reserve System or any official or \nemployee of the Board of Governors of the Federal Reserve System duly \nauthorized by the Board, shall promptly issue an interpretation which \ndetermines whether the specific State laws that are identified in such \nrequest are preempted by operation of subsection (a). Any \ninterpretation issued under this subsection shall have the effect of \nlaw.\n\nSEC. 6. EFFECTIVE DATE; IMPLEMENTING REGULATIONS.\n\n (a) Effective Date.--This Act and the amendments made by this Act \nshall take effect 6 months after the date of its enactment.\n (b) Regulations by the Board.--The Board of Governors of the \nFederal Reserve System shall make such regulations as are necessary to \nimplement the amendments made by section 3 within 120 days after the \ndate of its enactment.\n (c) Regulations by the Secretary of Housing and Urban \nDevelopment.--The Secretary of Housing and Urban Development shall make \nsuch regulations as are necessary to implement the amendments made by \nsection 4 within 120 days after the date of its enactment.","summary":"Requires a creditor to report a consumer's mortgage payment history to a nationally recognized credit bureau at least quarterly. Prohibits creditor profit from the sale at foreclosure of property securing a high-cost mortgage. Requires a high-cost mortgage creditor to respond within three business days to a request for a written statement setting forth the amounts necessary to fully satisfy the debt obligation. Redraws creditor liability guidelines. Amends the Real Estate Settlement Procedures Act to revise guidelines for: (1) standard Federal forms for the statement of settlement costs. And (2) information booklets that advise the consumer of certain sources of mortgage broker compensation. Establishes Federal preemption of State law concerning subject matter under this Act. Empowers the Board of Governors of the Federal Reserve System to interpret Federal preemption issues under this Act.","title":"Consumer Mortgage Protection Act of 2000","text_len":12554,"sum_len":903} {"bill_id":"104_hr3957","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``FCC Modernization \nAct of 1996''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nCommunications Act of 1934 (47 U.S.C. 151 et seq.).\n\nSEC. 2. PURPOSES; PLAN FOR AGENCY MODERNIZATION.\n\n (a) Purposes.--The purposes of this Act are--\n (1) to require the Federal Communications Commission to \n streamline its management and prepare an agency plan for \n accomplishing its mission with reduced resources;\n (2) to reduce regulatory burdens and agency functions as \n competition renders those burdens and functions unnecessary; \n and\n (3) to repeal outdated and unnecessary provisions of the \n Communications Act of 1934.\n (b) Plan for Agency Modernization.--\n (1) Plan required.--Within 6 months after the date of \n enactment of this Act, the Commission shall prepare a plan--\n (A) to adjust the allocation of agency personnel to \n reflect the open-entry and pro-competitive policies \n adopted by the United States;\n (B) to propose the automation or privatization of \n routine agency functions, including the use of advisory \n committees for coordinating frequency assignments and \n automating frequency assignment databases;\n (C) to propose the termination of agency functions \n that are no longer necessary to the protection of the \n public interest;\n (D) to reduce the levels of agency's expenses for \n management and overhead; and\n (E) to prepare the agency for rapid response to \n changes in technologies and markets.\n (2) Contents required.--The plan required by this \n subsection shall include--\n (A) detailed projections of agency financial and \n personnel requirements over the 5 succeeding fiscal \n years;\n (B) the savings expected from automating and \n privatizing routine agency functions and from \n terminating unnecessary agency functions, and deadlines \n by which such automation, privatization, and \n termination will be attained;\n (C) the appropriate level of funding for agency \n management and overhead expenses; and\n (D) any additional authority or statutory changes \n required to achieve the plan or carry out the purposes \n of this section.\n (3) Submission of plan.--The Commission shall submit a copy \n of the plan required by this subsection to the President and to \n the Committee on Commerce of the House of Representatives and \n the Committee on Commerce, Science, and Transportation of the \n Senate.\n\nSEC. 3. AUTHORITY TO DELEGATE.\n\n Section 5 (47 U.S.C. 155) is amended by adding at the end the \nfollowing new subsection:\n ``(f) Delegation to Advisory Coordinating Committees.--\n ``(1) In general.--When necessary to the prompt and orderly \n conduct of its business, the Commission may, by published rule \n or order, delegate its authority to grant licenses and permits \n (and modifications and renewals thereof) for stations in the \n private mobile services to advisory coordinating committees \n qualified pursuant to section 332(b). Any order, decision, \n report, or action made or taken pursuant to any such \n delegation, unless reviewed as provided in paragraph (2), shall \n have the same force and effect, and shall be made, evidenced, \n and enforced in the same manner, as orders, decisions, reports, \n or other actions of the Commission.\n ``(2) Review of actions.--Any order, decision, report, or \n action described in paragraph (1) of this subsection shall be \n subject to review in the same manner as is provided by \n paragraphs (4) through (7) of subsection (c) with respect to an \n order, decision, report, or action made or taken pursuant to \n paragraph (1) of such subsection.''.\n\nSEC. 4. CONTRACT FILINGS.\n\n (a) Amendment.--Section 211 (47 U.S.C. 211) is amended to read as \nfollows:\n\n``SEC. 211. AUTHORITY TO REQUIRE CONTRACTS TO BE FILED.\n\n ``The Commission may, by rule, require the filing by any carrier \nsubject to this Act of any contract, agreement, or arrangement.''.\n (b) Delayed Effective Date To Permit Rulemaking.--The amendment \nmade by subsection (a) shall be effective 6 months after the date of \nenactment of this Act.\n\nSEC. 5. INTERLOCKING DIRECTORATES.\n\n Section 212 (47 U.S.C. 212), relating to interlocking directorates, \nis repealed.\n\nSEC. 6. VALUATION OF CARRIER PROPERTY.\n\n Section 213 (47 U.S.C. 213), relating to valuation of carrier \nproperty, is amended--\n (1) by striking subsections (a) through (e);\n (2) in subsection (f), by striking ``such carrier'' and \n inserting ``any carrier subject to this Act''; and\n (3) by redesignating subsections (f) and (g) as subsections \n (a) and (b), respectively.\n\nSEC. 7. ELIMINATION OF COMMISSION AUTHORITY OVER NEW LINES; CONTROL OF \n ABANDONMENT TO PROTECT UNIVERSAL SERVICE.\n\n (a) Amendments.--Section 214 (47 U.S.C. 214) is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a) Carrier Authority To Discontinue, Reduce, or Impair \nService.--No carrier shall discontinue, reduce, or impair service to a \ncommunity, or part of a community, unless and until there shall first \nhave been obtained from the Commission a certificate that the public \nconvenience and necessity will not be adversely affected thereby; \nexcept that the Commission may, upon appropriate request being made, \nauthorize temporary or emergency discontinuance, reduction, or \nimpairment of service, or partial discontinuance, reduction, or \nimpairment of service, without regard to the provisions of this \nsection. As used in this section the term `line' means any channel of \ncommunication established by the use of appropriate equipment, other \nthan a channel of communication established by the interconnection of \ntwo or more existing channels.'';\n (2) in subsection (b)--\n (A) by inserting ``Notice.--'' after the subsection \n designation; and\n (B) by striking ``in which such line is proposed to \n be constructed, extended, acquired, or operated, or'';\n (3) in subsection (c)--\n (A) by inserting ``Issuance and Effect of \n Certificate.--'' after the subsection designation;\n (B) by striking ``or extension thereof'';\n (C) by striking ``construction, extension, \n acquisition, operation, or''; and\n (D) by striking ``Any construction, extension, \n acquisition, operation, discontinuance'' and inserting \n ``Any discontinuance''; and\n (4) in subsection (d), by inserting ``Mandatory Extensions \n of Service.--'' after the subsection designation.\n (b) Expeditious Consideration of Waiver Requests in Connection With \nAcquisitions.--A common carrier's application for a waiver of part 36, \n61, or 69 of the Commission's rules (47 C.F.R. parts 36, 61, and 69) in \nconnection with an acquisition of the lines of another common carrier \nshall be deemed approved 6 months after the date on which the \napplication is filed with the Commission unless the Commission, prior \nto the expiration of such 6-month period, finds that the application is \nnot in the public interest.\n (c) Delayed Effective Date for International Extensions.--The \namendments made by subsection (a) of this section are effective upon \nenactment, except that such amendments shall not apply with respect to \nthe construction, extension, or acquisition of any line for foreign \ncommunication until such date as the Commission prescribes by rule \nconsistent with the public interest.\n\nSEC. 8. TRANSACTIONS RELATING TO SERVICES AND EQUIPMENT.\n\n Section 215 (47 U.S.C. 215), relating to transactions relating to \nservices and equipment, is repealed.\n\nSEC. 9. INQUIRIES INTO MANAGEMENT.\n\n Section 218 (47 U.S.C. 218), relating to inquiries into management, \nis amended--\n (1) by amending the section designation and heading of such \n section to read as follows:\n\n``SEC. 218. AUTHORITY TO OBTAIN INFORMATION.'';\n\n (2) by striking the first sentence; and\n (3) by striking ``such carriers'' and inserting ``carriers \n subject to this Act''.\n\nSEC. 10. ANNUAL AND OTHER REPORTS.\n\n Section 219 (47 U.S.C. 219) is amended to read as follows:\n\n``SEC. 219. FILING OF FINANCIAL STATEMENTS AND ANNUAL REPORTS.\n\n ``Each telecommunications carrier shall file with the Commission--\n ``(1) a copy of any annual or other periodic report to \n shareholders;\n ``(2) a copy of any prospectus, registration statement, \n proxy statement, or other document distributed in connection \n with an offering of securities or the solicitation of \n shareholder votes; and\n ``(3) a copy of such other supplementary and periodic \n information, documents, and reports as may be required by the \n Securities and Exchange Commission pursuant to section 13 or \n 15(d) of the Securities Exchange Act of 1934.''.\n\nSEC. 11. PIONEER PREFERENCES.\n\n (a) Termination of Authority.--Paragraph (13) of section 309(j) (47 \nU.S.C. 309(j)) is amended to read as follows:\n ``(13) Termination of authority to grant pioneer \n preferences.--The authority of the Commission to provide \n preferential treatment in licensing procedures (by precluding \n the filing of mutually exclusive applications) to persons who \n make significant contributions to the development of a new \n service or to the development of new technologies that \n substantially enhance an existing service shall expire on the \n date of enactment of the FCC Modernization Act of 1996.''.\n (b) Conforming Amendments.--Section 309(j)(6) is amended--\n (1) by inserting ``and'' after the semicolon at the end of \n subparagraph (F);\n (2) by striking subparagraph (G);\n (3) by striking ``section 8'' in subparagraph (H) and \n inserting ``sections 8 and 9''; and\n (4) by redesignating subparagraph (H) as subparagraph (G).\n\nSEC. 12. USE OF NAVAL STATIONS FOR COMMERCIAL MESSAGES.\n\n Section 327 (47 U.S.C. 327), relating to use of naval stations for \ncommercial messages, is repealed.\n\nSEC. 13. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS.\n\n Section 331 (47 U.S.C. 331), relating to very high frequency \nstations and AM radio stations, is repealed.\n\nSEC. 14. PROCEEDS OF FACILITIES SITING FEES.\n\n Section 704(c) of the Telecommunications Act of 1996 (47 U.S.C. \n332(c), note) is amended by inserting before the last sentence the \nfollowing new sentence: ``All proceeds from the fees charged by Federal \ndepartments and agencies for use of property, rights-of-way, and \neasements shall be deposited in the Treasury in accordance with chapter \n33 of title 31, United States Code. As used in this subsection, the \nterm `agency' has the meaning provided in section 551(1) of title 5, \nUnited States Code, and includes, notwithstanding any other provision \nof law, any independent establishment in the Executive branch.''.\n\nSEC. 15. TRAVEL RESTRICTION.\n\n For the 2 years following the date of enactment of this Act, the \nChairman of the Federal Communications Commission shall not be \npermitted to travel more than 50 miles from the District of Columbia \nwhile on official business.","summary":"FCC Modernization Act of 1996 - Directs the Federal Communications Commission (FCC) to prepare a plan to: (1) adjust the allocation of FCC personnel to reflect competitive policies adopted by the United States. (2) propose the automation or privatization of routine FCC functions, as well as the termination of unnecessary functions, (3) reduce FCC management and overhead expenses. And (4) prepare the FCC for rapid response to changes in technologies and markets. Amends the Communications Act of 1934 to authorize the FCC to delegate to advisory coordinating committees its authority to grant licenses and permits for stations in the private mobile communications services. Authorizes the FCC to require the filing by any carrier of any contract, agreement, or arrangement. Repeals provisions of the Act: (1) prohibiting any person from holding the position of officer or director of more than one carrier subject to the Act, unless authorized by the FCC. And (2) authorizing the FCC to undertake valuations, and require inventories, of carrier property. Terminates the FCC's authority to prohibit the construction of a new line, or the extension of a line, of communications service by a carrier without such carrier first obtaining a certificate of permission from the FCC. Delays the effective date of such termination with respect to the construction, extension, or acquisition of any line for foreign communications. Provides that a common carrier's application for a waiver of specified regulations in connection with an acquisition of the lines of another carrier shall be deemed approved six months after submission unless the FCC finds that the application is not in the public interest. Repeals provisions of the Act: (1) requiring the FCC to examine common carrier transactions relating to the furnishing of equipment, supplies, and services in order to determine the effect of such transactions on fees charged by such carriers. And (2) authorizing the FCC to inquire into the management of the business of all carriers subject to the Act. Requires each telecommunications carrier to file annually with the FCC its financial report to shareholders, as well as related documents and information. Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new telecommunication service or the development of new technologies that substantially enhance an existing service. Repeals provisions of the Act relating to: (1) the use of naval radio stations for broadcasting commercial messages. And (2) FCC allocation of very high frequency stations and AM radio stations. Provides for deposit into the Treasury of fees charged by Federal departments and agencies for use of property, rights-of-way, and easements. Prohibits the FCC Chairman, for two years after the enactment of this Act, from travelling more than 50 miles from the District of Columbia while on official business.","title":"FCC Modernization Act of 1996","text_len":12309,"sum_len":2990} {"bill_id":"115_s1272","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drone Federalism Act of 2017''.\n\nSEC. 2. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES WITH \n RESPECT TO UNMANNED AIRCRAFT SYSTEMS.\n\n (a) Scope of Preemption for Civil Unmanned Aircraft Regulations.--\nIn prescribing regulations or standards related to civil unmanned \naircraft systems, the Administrator shall--\n (1) define the scope of the preemptive effect of such \n regulations or standards pursuant to section 40103 or 41713 of \n title 49, United States Code, which shall be limited to the \n extent necessary to ensure the safety and efficiency of the \n national airspace system for interstate commerce; and\n (2) preserve, to the greatest extent practicable, \n legitimate interests of State, local, and tribal governments, \n including--\n (A) protecting public safety;\n (B) protecting personal privacy;\n (C) protecting property rights;\n (D) managing land use; and\n (E) restricting nuisances and noise pollution.\n (b) Reserved Powers.--\n (1) In general.--In prescribing regulations or standards \n related to civil unmanned aircraft systems, the Administrator \n shall ensure that the authority of a State, local, or tribal \n government to issue reasonable restrictions on the time, \n manner, and place of operation of a civil unmanned aircraft \n system that is operated below 200 feet above ground level or \n within 200 feet of a structure is not preempted.\n (2) Reasonable restrictions.--For purposes of paragraph \n (1), reasonable restrictions on the time, manner, and place of \n operation of a civil unmanned aircraft system include the \n following:\n (A) Limitations on speed.\n (B) Prohibitions or limitations on operations in \n the vicinity of schools, parks, roadways, bridges, or \n other public or private property.\n (C) Restrictions on operations at certain times of \n the day or week or on specific occasions such as during \n parades or sporting events.\n (D) Prohibitions on operations while the operator \n is under the influence of drugs or alcohol.\n (E) Prohibitions on careless or reckless \n operations.\n (F) Other prohibitions that protect public safety, \n personal privacy, or property rights, or that manage \n land use or restrict noise pollution.\n\nSEC. 3. PRESERVATION OF PRIVATE PROPERTY RIGHTS.\n\n (a) Affirmation of Applicability of Constitutional Takings Clause \nto Federal Aviation Administration Regulations.--In prescribing \nregulations or standards related to civil unmanned aircraft systems, \nthe Administrator shall not authorize the operation of a civil unmanned \naircraft in the immediate reaches of the airspace above property \nwithout permission of the property owner.\n (b) Affirmation of Applicability of Constitutional Takings Clause \nAbsent Federal Aviation Administration Regulations.--Section 336(a) of \nthe FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 \nU.S.C. 40101 note) is amended--\n (1) in paragraph (4), by striking ``; and'' and inserting a \n semicolon;\n (2) in paragraph (5), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(6) when flown in the immediate reaches of the airspace \n above property (as defined in section 3(c) of the Drone \n Federalism Act of 2017), the operator has the permission of the \n property owner.''.\n (c) Definition.--In this section, the term ``immediate reaches of \nthe airspace above property'', with respect to the operation of a civil \nunmanned aircraft system, includes--\n (1) any area within 200 feet above the ground level of the \n property;\n (2) any area within 200 feet above any structure on the \n property; and\n (3) any area where operation of the aircraft system could \n interfere with the enjoyment or use of the property.\n\nSEC. 4. PILOT PROGRAM ON FEDERAL PARTNERSHIPS.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, the Administrator shall enter into agreements \nwith not more than 10 State, local, or tribal governments to establish \npilot programs under which--\n (1) the Administrator shall provide technical assistance to \n such governments in regulating the operation of civil unmanned \n aircraft systems, including through the use of the latest \n available technologies; and\n (2) the Administrator and such governments shall coordinate \n efforts with respect to the enforcement of regulations relating \n to the operation of civil unmanned aircraft systems.\n (b) Selection.--In selecting among State, local, and tribal \ngovernments for purposes of establishing pilot programs under \nsubsection (a), the Administrator shall seek to enter into agreements \nwith--\n (1) governments that vary in their size and intended \n approach to regulation of civil unmanned aircraft systems; and\n (2) not less than one State government, not less than one \n county government, not less than one city government, and not \n less than one tribal government.\n (c) Unmanned Aircraft Systems Traffic Management System.--The \nAdministrator shall coordinate with Administrator of the National \nAeronautics and Space Administration to ensure that participants in \npilot programs established under subsection (a) are consulted in the \ndevelopment of the unmanned aircraft systems traffic management system \nunder subsection (a) section 2208 of the FAA Extension, Safety, and \nSecurity Act of 2016 (Public Law 114-190; 49 U.S.C. 40101 note) and the \npilot program under subsection (b) of that section.\n (d) Report Required.--Not later than 2 years after establishing the \npilot programs required by subsection (a), the Administrator shall \nsubmit to Congress, and make available to the public, a report \nidentifying best practices for State, local, and tribal governments to \nregulate the operation of civil unmanned aircraft systems and to \ncollaborate with the Federal Aviation Administration with respect to \nthe regulation of such systems.\n\nSEC. 5. RULE OF CONSTRUCTION.\n\n Nothing in this Act shall be construed--\n (1) to diminish or expand the preemptive effect of the \n authority of the Federal Aviation Administration with respect \n to manned aviation; or\n (2) to affect the civil or criminal jurisdiction of--\n (A) any Indian tribe relative to any State or local \n government; or\n (B) any State or local government relative to any \n Indian tribe.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Federal Aviation Administration.\n (2) Civil.--The term ``civil'', with respect to an unmanned \n aircraft system, means that the unmanned aircraft is not a \n public aircraft (as defined in section 40102 of title 49, \n United States Code).\n (3) Indian tribe.--The term ``Indian tribe'' has the \n meaning given that term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 5304).\n (4) Local government.--The term ``local'', with respect to \n a government, means the government of a subdivision of a State.\n (5) State.--The term ``State'' means each of the several \n States, the District of Columbia, and the territories and \n possessions of the United States.\n (6) Tribal government.--The term ``tribal'', with respect \n to a government, means the governing body of an Indian tribe.\n (7) Unmanned aircraft; unmanned aircraft system.--The terms \n ``unmanned aircraft'' and ``unmanned aircraft system'' have the \n meanings given those terms in section 331 of the FAA \n Modernization and Reform Act of 2012 (Public Law 112-95; 49 \n U.S.C. 40101 note).","summary":"Drone Federalism Act of 2017 This bill requires the Federal Aviation Administration, in prescribing regulations or standards related to unmanned aircraft systems, to: define, and limit the scope of, the preemptive effect of such regulations or standards, preserve the legitimate interests of state, local, and tribal governments. Preserve state, local, and tribal authority to issue certain reasonable restrictions on the operation of a civil unmanned aircraft system within 200 feet of the ground or a structure. Authorize, only with a property owner's permission, the operation of a civil unmanned aircraft in the immediate reaches of the airspace above private property. And establish pilot programs with state, local, and tribal governments to regulate the operation of civil unmanned aircraft systems, coordinate enforcement efforts with respect to such regulations, and identify best practices.","title":"Drone Federalism Act of 2017","text_len":8537,"sum_len":900} {"bill_id":"107_s2635","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hudson-Fulton-Champlain \nCommemoration Commission Act of 2002''.\n\n SEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) the first European exploration of the Hudson River and \n Lake Champlain and the introduction of steam navigation to \n maritime commerce were events of major historical importance in \n the United States and throughout the world;\n (2) in 1609--\n (A) Englishman Henry Hudson, acting on behalf of \n the Dutch East India Company, was the first European to \n sail up the river later named for him in the vessel \n Half Moon; and\n (B) French explorer Samuel de Champlain was the \n first European to discover the lake later named for \n him;\n (3) those voyages--\n (A) were 2 of the most significant passages in the \n European exploration and discovery of America;\n (B) resulted in 2 of the earliest contacts in the \n New World between Native Americans and Europeans; and\n (C) led to the establishment of--\n (i) the Dutch and later English settlement \n Fort Orange in the area that is now Albany, New \n York; and\n (ii) French Quebec settlements located as \n far south as Lake George;\n (4) those early settlements influenced the history, \n culture, law, commerce, and traditions of liberty of the United \n States;\n (5) in 1807, the navigation of the Hudson River from the \n city of New York to Albany by Robert Fulton in the steamboat \n Clermont--\n (A) successfully inaugurated steam navigation on a \n commercial basis;\n (B) is 1 of the most important events in the \n history of navigation;\n (C) revolutionized waterborne commerce on the \n rivers of the United States;\n (D) transformed naval warfare; and\n (E) fostered international relations through \n transoceanic travel and trade;\n (6) the National Park Service owns and operates significant \n resources in the State of New York relating to the early \n history of the United States and the Hudson River Valley; and\n (7) in 2002 the State of New York enacted legislation \n establishing a State Hudson-Fulton-Champlain Commission.\n (b) Purpose.--The purpose of this Act is to establish the Hudson-\nFulton-Champlain Commemoration Commission to--\n (1) ensure a suitable national observance, in 2009, of the \n anniversaries of the voyages of Henry Hudson, Robert Fulton, \n and Samuel de Champlain through cooperation with and assistance \n to the programs and activities of the States of New York, New \n Jersey, and Vermont;\n (2) assist in ensuring that Hudson-Fulton-Champlain 2009 \n observances--\n (A) provide an excellent visitor experience and \n beneficial interaction between visitors and the natural \n and cultural resources of sites in the States of New \n York, New Jersey, and Vermont; and\n (B) are inclusive and recognize the diverse Hudson \n River and Lake Champlain communities that developed \n over 4 centuries;\n (3) facilitate international involvement in the Hudson-\n Fulton-Champlain 2009 observances;\n (4) support and facilitate marketing efforts for a \n commemorative coin, a commemorative stamp, and related \n activities for the Hudson-Fulton-Champlain 2009 observances; \n and\n (5) assist in the appropriate development of heritage \n tourism and economic benefits to the United States.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commemoration.--The term ``commemoration'' means the \n commemoration of--\n (A) the 200th anniversary of the voyage of Robert \n Fulton in the steamboat Clermont;\n (B) the 400th anniversary of the voyage of Henry \n Hudson in the vessel Half Moon; and\n (C) the 400th anniversary of the voyage of Samuel \n de Champlain.\n (2) Commission.--The term ``Commission'' means the Hudson-\n Fulton-Champlain Commemoration Commission established by \n section 4(a).\n (3) Governor.--The term ``Governor'' means the Governor of \n each State.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--\n (A) In general.--The term ``State'' means--\n (i) the State of New York;\n (ii) the State of New Jersey; and\n (iii) the State of Vermont.\n (B) Inclusions.--The term ``State'' includes \n agencies and entities of each State specified in \n subparagraph (A).\n\nSEC. 4. HUDSON-FULTON-CHAMPLAIN COMMEMORATION COMMISSION.\n\n (a) In General.--There is established a commission to be known as \nthe ``Hudson-Fulton-Champlain Commemoration Commission''.\n (b) Membership.--\n (1) In general.--The Commission shall be composed of 31 \n members, of whom--\n (A) 3 members shall be appointed by the Secretary, \n taking into consideration the recommendations of the \n Governors;\n (B) 14 members shall be appointed by the Secretary, \n taking into consideration the recommendations of--\n (i) the Members of the House of \n Representatives whose districts encompass the \n Hudson River Valley; and\n (ii) the Members of the House of \n Representatives whose districts encompass \n Champlain Valley;\n (C) 6 members shall be appointed by the Secretary, \n taking into consideration the recommendations of the \n Members of the Senate from the States;\n (D) 2 members shall be employees of the National \n Park Service, of whom--\n (i) 1 shall be the Director of the National \n Park Service (or a designee); and\n (ii) 1 shall be an employee of the National \n Park Service having experience relevant to the \n commemoration, to be appointed by the \n Secretary;\n (E) 1 member shall be an individual knowledgeable \n about the Hudson River Valley National Heritage Area, \n to be appointed by the Secretary; and\n (F) 5 members shall be individuals that have an \n interest in, support for, and expertise appropriate to, \n the commemoration, to be appointed by the Secretary.\n (2) Term; vacancies.--\n (A) Term.--A member of the Commission shall be \n appointed for the life of the Commission.\n (B) Vacancies.--\n (i) In general.--A vacancy on the \n Commission shall be filled in the same manner \n as the original appointment was made.\n (ii) Partial term.--A member appointed to \n fill a vacancy on the Commission shall serve \n for the remainder of the term for which the \n predecessor of the member was appointed.\n (3) Meetings.--\n (A) In general.--The Commission shall meet--\n (i) at least twice each year; or\n (ii) at the call of the Chairperson or the \n majority of the members of the Commission.\n (B) Initial meeting.--Not later than 30 days after \n the date on which all members of the Commission have \n been appointed, the Commission shall hold the initial \n meeting of the Commission.\n (4) Voting.--\n (A) In general.--The Commission shall act only on \n an affirmative vote of a majority of the members of the \n Commission.\n (B) Quorum.--A majority of the members of the \n Commission shall constitute a quorum.\n (5) Chairperson and vice chairperson.--\n (A) In general.--The Commission shall annually \n select the Chairperson and the Vice Chairperson of the \n Commission from among the members of the Commission.\n (B) Authority.--The Vice Chairperson shall serve as \n the Chairperson in the absence of the Chairperson.\n (c) Duties.--\n (1) In general.--The Commission shall--\n (A) plan, develop, and execute programs and \n activities appropriate for the commemoration;\n (B) facilitate activities relating to the \n commemoration throughout the United States;\n (C) coordinate activities of the Commission with--\n (i) commemoration commissions of the \n States;\n (ii) appropriate Federal agencies, \n including--\n (I) the Department of Agriculture;\n (II) the Department of Defense;\n (III) the Department of State;\n (IV) the Department of \n Transportation; and\n (V) the National Park Service; and\n (iii) the American Heritage Rivers \n Initiative Interagency Committee established by \n Executive Order No. 13061, dated September 11, \n 1997;\n (D) encourage civic, patriotic, historical, \n educational, religious, economic, and other \n organizations throughout the United States to organize \n and participate in activities to expand the \n understanding and appreciation of the significance of \n the voyages of Hudson, Fulton, and Champlain;\n (E) provide technical assistance to States, \n localities, and nonprofit organizations to carry out \n activities relating to the commemoration;\n (F) coordinate and facilitate for the public \n scholarly research on, publication concerning, and \n interpretation of, the voyages of Hudson, Fulton, and \n Champlain; and\n (G) ensure that the Hudson-Fulton-Champlain 2009 \n anniversaries provide a lasting legacy and long-term \n public benefit by assisting in the development of \n appropriate programs and facilities.\n (2) Plans; reports.--\n (A) Strategic plan; annual performance plans.--In \n accordance with section 306 of title 5, United States \n Code, and section 1115 of title 31, United States Code, \n the Commission shall prepare a strategic plan for the \n activities of the Commission carried out under this \n Act.\n (B) Final report.--Not later than September 30, \n 2010, the Commission shall submit to the Secretary a \n final report that contains--\n (i) a summary of the activities of the \n Commission;\n (ii) a final accounting of funds received \n and expended by the Commission; and\n (iii) the findings and recommendations of \n the Commission.\n (d) Powers of the Commission.--The Commission may--\n (1) accept and dispose of donations of money, personal \n services, and real and personal property related to the \n commemoration;\n (2) appoint such advisory committees as the Commission \n determines to be necessary to carry out this Act;\n (3) authorize any member or employee of the Commission to \n take any action that the Commission is authorized to take by \n this Act;\n (4) procure supplies, services, and property, and make or \n enter into contracts, leases, or other legal agreements, to \n carry out this Act (except that any contracts, leases, or other \n legal agreements made or entered into by the Commission shall \n not extend beyond the date of termination of the Commission);\n (5) use the United States mails in the same manner and \n under the same conditions as other Federal agencies;\n (6) subject to approval by the Commission, make grants in \n amounts not to exceed $20,000 to communities and nonprofit \n organizations to develop programs to assist in the \n commemoration; and\n (7) make grants to research and scholarly organizations to \n research, publish, or distribute information relating to the \n voyages of Hudson, Fulton, and Champlain.\n (e) Commission Personnel Matters.--\n (1) Compensation of members of the commission.--\n (A) In general.--Except as provided in subparagraph \n (B), a member of the Commission shall serve without \n compensation.\n (B) Federal employees.--A member of the Commission \n who is an officer or employee of the Federal Government \n shall serve without compensation in addition to the \n compensation received for the services of the member as \n an officer or employee of the Federal Government.\n (C) Travel expenses.--A member of the Commission \n shall be allowed travel expenses, including per diem in \n lieu of subsistence, at rates authorized for an \n employee of an agency under subchapter I of chapter 57 \n of title 5, United States Code, while away from the \n home or regular place of business of the member in the \n performance of the duties of the Commission.\n (2) Staff.--\n (A) In general.--The Chairperson of the Commission \n may, without regard to the civil service laws \n (including regulations), appoint and terminate an \n executive director and such other additional personnel \n as are necessary to enable the Commission to perform \n the duties of the Commission.\n (B) Confirmation of executive director.--The \n employment of an executive director shall be subject to \n confirmation by the Commission.\n (3) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), the Chairperson of the Commission may fix the \n compensation of the executive director and other \n personnel without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification of positions \n and General Schedule pay rates.\n (B) Maximum rate of pay.--The rate of pay for the \n executive director and other personnel shall not exceed \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code.\n (4) Detail of government employees.--\n (A) Federal employees.--\n (i) In general.--At the request of the \n Commission, the head of any Federal agency may \n detail, on a reimbursable or nonreimbursable \n basis, any of the personnel of the agency to \n the Commission to assist the Commission in \n carrying out the duties of the Commission under \n this Act.\n (ii) Civil service status.--The detail of \n an employee under clause (i) shall be without \n interruption or loss of civil service status or \n privilege.\n (B) State employees.--The Commission may--\n (i) accept the services of personnel \n detailed from States (including subdivisions of \n States); and\n (ii) reimburse States for services of \n detailed personnel.\n (5) Volunteer and uncompensated services.--Notwithstanding \n section 1342 of title 31, United States Code, the Commission \n may accept and use voluntary and uncompensated services as the \n Commission determines to be necessary.\n (6) Support services.--The Director of the National Park \n Service shall provide to the Commission, on a reimbursable \n basis, such administrative support services as the Commission \n may request.\n (f) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices in accordance with section 3109(b) of title 5, United States \nCode, at rates for individuals that do not exceed the daily equivalent \nof the annual rate of basic pay prescribed for level V of the Executive \nSchedule under section 5316 of that title.\n (g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory \nCommittee Act (5 U.S.C. App.) shall not apply to the Commission.\n (h) No Effect on Authority.--Nothing in this section supersedes the \nauthority of the States or the National Park Service concerning the \ncommemoration.\n (i) Termination.--The Commission shall terminate on December 31, \n2010.","summary":"Hudson-Fulton-Champlain Commemoration Commission Act of 2002 - Establishes the Hudson-Fulton-Champlain Commemoration Commission to plan, develop, and execute programs and activities appropriate to commemorate in 2009 the anniversaries of the voyages of Henry Hudson , Robert Fulton , and Samuel de Champlain .","title":"A bill to establish the Hudson-Fulton-Champlain Commemoration Commission, and for other purposes.","text_len":18893,"sum_len":309} {"bill_id":"106_hr2200","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Omnibus Airline Passenger Fair \nTreatment Act of 1999''.\n\nSEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.\n\n Section 41712 of title 49, United States Code, is amended--\n (1) by striking ``On the initiative'' and inserting ``(a) \n Duty of the Secretary.--On the initiative''; and\n (2) by adding at the end thereof the following:\n ``(b) Specific Practices.--For purposes of subsection (a), the \nterms `unfair or deceptive practice' and `unfair method of competition' \ninclude each of the following:\n ``(1) Access to fares.--The failure of an air carrier or \n foreign air carrier to provide a consumer full access to all \n fares for air transportation provided by the air carrier or \n foreign air carrier, regardless of the technology or other \n method the consumer uses to access the fares.\n ``(2) Flight delays.--The failure of an air carrier or \n foreign air carrier to provide a passenger of the carrier with \n an accurate explanation of the reasons for a flight delay, \n cancellation, or diversion from a ticketed itinerary.\n ``(3) Pricing policies.--Any action of an air carrier or \n foreign air carrier--\n ``(A) to prohibit a person (including a \n governmental entity) that purchases air transportation \n from only using a portion of the air transportation \n purchased (including using the air transportation \n purchased only for 1-way travel instead of round-trip \n travel); or\n ``(B) to assess an additional fee on or charge to--\n ``(i) such a person; or\n ``(ii) any ticket agent that sold the air \n transportation to such person.\n ``(4) Termination of ticket agents.--In the case of a \n termination, cancellation, nonrenewal, or substantial change in \n the competitive circumstances of the appointment of a ticket \n agent by an air carrier or foreign air carrier, the failure of \n the air carrier or foreign air carrier--\n ``(A) to provide the ticket agent with written \n notice, and a full statement of reasons for the action, \n on or before the 90th day preceding the action; and\n ``(B) to provide the ticket agent with at least 60 \n days to correct any deficiency claimed in the written \n notice,\n except in cases of insolvency, an assignment for the benefit of \n creditors, bankruptcy, or nonpayment of sums due under the \n appointment.''.\n\nSEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.\n\n Section 41713(b)(1) of title 49, United States Code, is amended by \nstriking ``related to a price, route, or service of an air carrier that \nmay provide air transportation under this subpart'' and inserting \n``that directly prescribes a price, route, or level of service for air \ntransportation provided by an air carrier under this subpart''.\n\nSEC. 4. EMERGENCY MEDICAL ASSISTANCE, RIGHT OF EGRESS.\n\n (a) In General.--Chapter 417 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 41717. Airline passenger rights\n ``(a) Right to In-Flight Emergency Medical Care.--\n ``(1) In general.--The Secretary of Transportation shall \n issue regulations to establish minimum standards for \n resuscitation, emergency medical, and first-aid equipment and \n supplies to be carried on board an aircraft operated by an air \n carrier in air transportation that is capable of carrying at \n least 30 passengers.\n ``(2) Considerations.--In issuing regulations under \n paragraph (1), the Secretary shall consider--\n ``(A) the weight and size of the equipment \n described in paragraph (1);\n ``(B) the need for special training of air carrier \n personnel to operate the equipment safely and \n effectively;\n ``(C) the space limitations of each type of \n aircraft;\n ``(D) the effect of the regulations on aircraft \n operations;\n ``(E) the practical experience of airlines in \n carrying and operating similar equipment; and\n ``(F) other relevant factors.\n ``(3) Consultation.--Before issuing regulations under \n paragraph (1), the Secretary shall consult with the Surgeon \n General.\n ``(b) Right To Exit Aircraft.--No air carrier or foreign air \ncarrier operating an aircraft in air transportation shall prevent or \nhinder (including by failing to assist) any passenger from exiting the \naircraft (under the same circumstances as any member of the flight crew \nis permitted to exit the aircraft) if--\n ``(1) the aircraft is parked at an airport terminal gate \n with access to ramp or other facilities through which \n passengers are customarily boarded and deplaned;\n ``(2) the aircraft has remained at the gate more than 1 \n hour past its scheduled departure time;\n ``(3) the captain of the aircraft has not been informed by \n air traffic control authorities that the aircraft can be \n cleared for departure within 15 minutes.''.\n\nSEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION.\n\n (a) Findings.--Congress finds the following:\n (1) The continued success of a deregulated airline system \n requires that consumers have full access to complete \n information concerning airline fares, routes, and other \n services.\n (2) The means of distributing information about the \n products and services of the airline industry are changing; \n during the past four years, airlines have begun selling a \n larger percentage of their products and services directly to \n consumers, and Internet businesses are now offering services \n that allow consumers to compare prices for these products and \n services.\n (3) Airline policies with respect to travel agencies, who \n historically have sold a majority of the airline industry's \n products and services, threaten the ability of consumers to \n gather the information necessary to evaluate market prices, \n routes, and services.\n (4) Further reductions in the number of travel agents and \n greater marketplace reliance on direct airline sales may result \n in a marketplace in which consumers lack sufficient information \n and are thereby forced to pay higher prices.\n (b) Establishment.--There is established a commission to be known \nas the ``National Commission to Ensure Consumer Information and Choice \nin the Airline Industry'' (hereinafter in this section referred to as \nthe ``Commission'').\n (c) Duties.--\n (1) Study.--The Commission shall undertake a study of--\n (A) consumer access to information about the \n products and services of the airline industry;\n (B) the effect on the marketplace of the emergence \n of new means of distributing such products and \n services;\n (C) the effect on consumers of the declining \n financial condition of travel agents in the United \n States; and\n (D) the impediments imposed by the airline industry \n on distributors of the industry's products and \n services, including travel agents and Internet-based \n distributors.\n (2) Policy recommendations.--Based on the results of the \n study described in paragraph (1), the Commission shall \n recommend to the President and Congress policies necessary--\n (A) to ensure full consumer access to complete \n information concerning airline fares, routes, and other \n services;\n (B) to ensure that the means of distributing the \n products and services of the airline industry, and of \n disseminating information about such products and \n services, is adequate to ensure that competitive \n information is available in the marketplace;\n (C) to ensure that distributors of the products and \n services of the airline industry have adequate relief \n from illegal, anticompetitive practices that occur in \n the marketplace; and\n (D) to foster healthy competition in the airline \n industry and the entry of new entrants.\n (d) Specific Matters To Be Addressed.--In carrying out the study \nauthorized under subsection (c)(1), the Commission shall specifically \naddress the following:\n (1) Consumer access to information.--With respect to \n consumer access to information regarding the services and \n products offered by the airline industry:\n (A) The state of such access.\n (B) The effect in the next 5 years of the making of \n alliances in the airline industry.\n (C) Whether and to what degree the trends regarding \n such access will produce benefits to consumers.\n (2) Means of distribution.--With respect to the means of \n distributing the products and services of the airline industry:\n (A) The state of such means of distribution.\n (B) The roles played by travel agencies and \n Internet-based providers of travel information and \n services in distributing such products and services.\n (C) Whether the policies of the United States \n promote the access of consumers to multiple means of \n distribution.\n (3) Airline reservation systems.--With respect to airline \n reservation systems:\n (A) The rules, regulations, policies, and practices \n of the industry governing such systems.\n (B) How trends in such systems will affect \n consumers, including--\n (i) the effect on consumer access to flight \n reservation information; and\n (ii) the effect on consumers of the use by \n the airline industry of penalties and \n promotions to convince distributors to use such \n systems, and the degree of consumer awareness \n of such penalties and promotions.\n (4) Legal impediments to distributors seeking relief for \n anticompetitive actions.--The policies of the United States \n with respect to the legal impediments to distributors seeking \n relief for anticompetitive actions, including--\n (A) Federal preemption of civil actions against \n airlines; and\n (B) the role of the Department of Transportation in \n enforcing rules against anticompetitive practices.\n (e) Membership.--\n (1) Appointment.--The Commission shall be composed of 15 \n voting members and 11 nonvoting members as follows:\n (A) 5 voting members and 1 nonvoting member \n appointed by the President.\n (B) 3 voting members and 3 nonvoting members \n appointed by the Speaker of the House of \n Representatives.\n (C) 2 voting members and 2 nonvoting members \n appointed by the minority leader of the House of \n Representatives.\n (D) 3 voting members and 3 nonvoting members \n appointed by the majority leader of the Senate.\n (E) 2 voting members and 2 nonvoting members \n appointed by the minority leader of the Senate\n (2) Qualifications.--Voting members appointed pursuant to \n paragraph (1) shall be appointed from among individuals who are \n experts in economics, service product distribution, or \n transportation, or any related discipline, and who can \n represent consumers, passengers, shippers, travel agents, \n airlines, or general aviation.\n (3) Terms.--Members shall be appointed for the life of the \n Commission.\n (4) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (5) Travel expenses.--Members shall serve without pay but \n shall receive travel expenses, including per diem in lieu of \n subsistence, in accordance with subchapter I of chapter 57 of \n title 5, United States Code.\n (6) Chairman.--The President, in consultation with the \n Speaker of the House of Representatives and the majority leader \n of the Senate, shall designate the Chairman of the Commission \n from among its voting members.\n (f) Commission Panels.--The Chairman shall establish such panels \nconsisting of voting members of the Commission as the Chairman \ndetermines appropriate to carry out the functions of the Commission.\n (g) Staff.--The Commission may appoint and fix the pay of such \npersonnel as it considers appropriate.\n (h) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any department or agency of the United States may detail, on a \nreimbursable basis, any of the personnel of that department or agency \nto the Commission to assist it in carrying out its duties under this \nsection.\n (i) Other Staff and Support.--Upon the request of the Commission, \nor a panel of the Commission, the Secretary of Transportation shall \nprovide the Commission or panel with professional and administrative \nstaff and other support, on a reimbursable basis, to assist the \nCommission or panel in carrying out its responsibilities.\n (j) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information (other \nthan information required by any statute of the United States to be \nkept confidential by such department or agency) necessary for the \nCommission to carry out its duties under this section. Upon request of \nthe Commission, the head of that department or agency shall furnish \nsuch nonconfidential information to the Commission.\n (k) Report.--Not later than 1 year after the date on which initial \nappointments of members to the Commission are completed, the Commission \nshall transmit to the President and Congress a report on the activities \nof the Commission, including recommendations made by the Commission \nunder subsection (c)(2).\n (l) Termination.--The Commission shall terminate on the 30th day \nfollowing the date of transmittal of the report under subsection (k). \nAll records and papers of the Commission shall thereupon be delivered \nby the Administrator of General Services for deposit in the National \nArchives.\n (m) Applicability of the Federal Advisory Committee Act.--The \nFederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the \nCommission.","summary":"Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action. And (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service. Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers. Bars an air carrier or foreign air carrier from preventing or hindering a passenger from exiting an aircraft if: (1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned. (2) such aircraft has remained at the gate more than one hour past its scheduled departure time. And (3) the captain of the aircraft has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes. Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Requires the Commission, among other things, to study and make policy recommendations to the President and Congress on consumer access to information about the products and services of the airline industry, especially airline fares and routes.","title":"Omnibus Airline Passenger Fair Treatment Act of 1999","text_len":15628,"sum_len":2056} {"bill_id":"108_hr4788","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Guard and Reservists \nEducation Benefits Act''.\n\nSEC. 2. BLOCK GRANTS TO STATES FOR TUITION ASSISTANCE FOR MEMBERS OF \n THE SELECTED RESERVE.\n\n (a) Establishment of Program.--\n (1) In general.--The Secretary of Education shall carry out \n a program of block grants to States under this section to \n provide for the payment of tuition and fees for undergraduate \n studies at public institutions of higher learning otherwise \n payable by a member of the Selected Reserve attending those \n institutions for those studies.\n (2) Limitation.--Tuition assistance under this section \n shall not be made available to a member of the Selected Reserve \n who participates in the program of educational assistance under \n chapter 1606 of title 10, United States Code, or under chapter \n 30 of title 38, United States Code.\n (b) State Certifications.--Not later than October 1 of each of \nfiscal year for which a State desires to receive an allotment under \nthis section, the chief executive officer of the State shall submit to \nthe Secretary a certification that the State will--\n (1) use such funds to defray the costs of tuition and fees \n for undergraduate studies of members of the Selected Reserve \n attending public institutions of higher learning in the States;\n (2) return any unused funds to the Secretary in accordance \n with the reconciliation process under subsection (d); and\n (3) comply with the reporting requirements under subsection \n (e).\n (c) Payments to States.--For each of fiscal years 2005 through \n2010, the Secretary shall pay to each State that submits a \ncertification under subsection (b), from any funds appropriated under \nsubsection (g), for the fiscal year an amount equal to the amount of \nthe allotment determined for the fiscal year under subsection (f).\n (d) Reconciliation Process.--\n (1) 3-year availability of amounts allotted.--Each State \n that receives an allotment under this section shall return to \n the Secretary any unused portion of the amount allotted to a \n State under this section for a fiscal year not later than the \n last day of the second succeeding fiscal year together with any \n earnings on such unused portion.\n (2) Procedure for redistribution of unused allotments.--The \n Secretary shall establish an appropriate procedure for \n redistributing to States that have expended the entire amount \n allotted under this section any amount that is--\n (A) returned to the Secretary by States under \n paragraph (1); or\n (B) not allotted to a State under this section \n because the State did not submit a certification under \n subsection (b) by October 1 of a fiscal year.\n (e) Reporting Requirements.--\n (1) Monitoring and evaluation.--Each State receiving an \n allotment under this section for a fiscal year shall monitor \n and evaluate the tuition assistance program carried out under \n this section using funds made available under this section in \n such manner as the Secretary, in consultation with the States, \n determines appropriate.\n (2) Annual reports.--Not less frequently than annually, \n each State receiving an allotment under this section for a \n fiscal year shall submit to the Secretary reports on the \n tuition assistance programs carried out under this section at \n such time, in such manner, and containing such information as \n the Secretary may require.\n (f) Amount of Allotments.--\n (1) In general.--Except as provided in paragraph (2), of \n the amount appropriated for the purpose of making allotments \n under this section for a fiscal year, the Secretary shall allot \n to each State that submits a certification under subsection (b) \n for the fiscal year an amount equal to the amount that bears \n the same ratio to the number of members of the Selected Reserve \n residing in the State (as determined by the Secretary based on \n the most recent March supplement to the Current Population \n Survey of the Bureau of the Census before the beginning of the \n calendar year in which such fiscal year begins) as bears to the \n number of members of the Selected Reserve residing in all \n States.\n (2) Minimum allotments.--No allotment for a fiscal year \n under this section shall be less than--\n (A) in the case of a State other than the \n Commonwealth of Puerto Rico, the United States Virgin \n Islands, Guam, American Samoa, and the Commonwealth of \n the Northern Mariana Islands, 1 percent of the amount \n appropriated for the fiscal year under subsection (g); \n and\n (B) in the case of the Commonwealth of Puerto Rico, \n the United States Virgin Islands, Guam, American Samoa, \n and the Commonwealth of the Northern Mariana Islands, \n 0.5 percent of such amount.\n (3) Pro rata reductions.--The Secretary shall make such pro \n rata reductions to the allotments determined under paragraph \n (1) as are necessary to comply with the requirements of \n paragraph (2).\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated $100,000,000 for each of fiscal years 2005 through 2010 \nfor purposes of making allotments to States under this section.\n (h) Definitions.--In this section:\n (1) Selected reserve.--The term ``Selected Reserve'' means \n the Selected Reserve of the Ready Reserve of any of the reserve \n components (including the Army National Guard of the United \n States and the Air National Guard of the United States) of the \n Armed Forces, as required to be maintained under section \n 10143(a) of title 10, United States Code.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (3) Institution of higher learning.--The term ``institution \n of higher education'' has the meaning given that term under \n section 101(a) of the Higher Education Act of 1965 (20 U.S.C. \n 1001(a)).\n (4) State.--The term State'' means each of the 50 States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, Guam, American Samoa, and the \n Commonwealth of the Northern Mariana Islands.\n (5) Tuition and fees for undergraduate studies.--The term \n ``tuition and fees for undergraduate studies'' means the actual \n cost of tuition and fees for undergraduate studies charged by a \n public institution of higher learning to similarly \n circumstanced individuals who are not members of the Selected \n Reserve for enrollment in courses of education at the \n institution, and includes the average cost of books and \n supplies payable by such individuals for those studies.","summary":"National Guard and Reservists Education Benefits Act - Requires the Secretary of Education to carry out a program of block grants to States to pay tuition and fees for undergraduate studies at public institutions for members of the Selected Reserve. Excludes from the block grant program those members of the Selected Reserve who participate in other specified educational assistance programs. Requires the chief executive officer of each State wishing to receive block grant funds to submit an annual certification that the State will: (1) use such funds to defray the cost of undergraduate tuition and fees for members of the Selected Reserve. (2) return any unused funds to the Secretary according to the reconciliation process set forth in this Act. And (3) comply with the reporting requirements of this Act. Sets forth an allotment scheme for block grant funds that requires allotments to reflect the ratio of Selected Reserve members in the receiving State to Selected Reserve members in all States. Establishes minimum allotments.","title":"To provide grants to States for tuition assistance for undergraduate studies for members of the Selected Reserve at public institutions of higher learning.","text_len":7393,"sum_len":1038} {"bill_id":"104_hr192","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeless Children's Immunization \nAssistance Act''.\n\nSEC. 2. EMERGENCY SHELTER GRANTS PROGRAM.\n\n (a) Definition.--Section 411 of the Stewart B. McKinney Homeless \nAssistance Act (42 U.S.C. 11371) is amended by adding at the end the \nfollowing new paragraph:\n ``(11) The term `child immunization' means immunization of \n children who have not attained the age of 6 years, in \n accordance with recommendations issued by the Surgeon General \n of the Public Health Service.''.\n (b) Eligible Activities.--Section 414(a) of the Stewart B. McKinney \nHomeless Assistance Act (42 U.S.C. 11374(a)) is amended by adding at \nthe end the following new paragraph:\n ``(5) The provision of services relating to child \n immunization, as follows:\n ``(A) Providing transportation for children \n occupying facilities assisted under this subtitle to \n locations where child immunization is available.\n ``(B) Providing information and counseling to \n families occupying such facilities regarding the \n benefits and availability of child immunization.\n ``(C) Providing child immunization for children \n occupying such facilities at the facility (subject to \n the limitations under paragraph (2)) or coordinating \n and arranging for child immunization at the facility.\n Any assistance used for the purposes under this paragraph shall \n be considered to have been used for activities under paragraph \n (2) for purposes of the limitation under paragraph (2)(B).''.\n (c) Requirements To Assist in Obtaining Child Immunizations.--\nSection 415 of the Stewart B. McKinney Homeless Assistance Act (42 \nU.S.C. 11375) is amended--\n (1) in subsection (c)(3)--\n (A) in subparagraph (A), by striking ``and'' at the \n end;\n (B) by redesignating subparagraph (B) as \n subparagraph (C); and\n (C) by inserting after subparagraph (A) the \n following new subparagraph:\n ``(B) in the case of children who have not attained \n the age of 6 years and occupy a facility assisted under \n this subtitle, immunizations (to the extent that such \n children have not been immunized in accordance with \n recommendations issued by the Surgeon General of the \n Public Health Service); and''; and\n (2) by adding at the end the following new subsection:\n ``(f) Determination of Immunization Record of Children Occupying \nFacilities.--For any child who has not attained the age of 6 and is \noccupying a facility assisted under this subtitle, not later than 60 \ndays after such initial occupancy the recipient of such assistance \nshall--\n ``(1) make reasonable efforts to obtain from the family of \n such child or the appropriate State or local health agency \n information sufficient to determine whether the child has been \n immunized in accordance with recommendations issued by the \n Surgeon General of the Public Health Service; and\n ``(2) for any child that has not been so immunized or for \n which insufficient information is available to determine \n whether the child has been so immunized, provide the family of \n the child with information regarding the benefits and \n availability of child immunization.''.\n\nSEC. 3. TRANSITIONAL HOUSING UNDER SUPPORTIVE HOUSING PROGRAM.\n\n (a) Definition.--Section 422 of the Stewart B. McKinney Homeless \nAssistance Act (42 U.S.C. 11382) is amended--\n (1) by redesignating paragraphs (2) through (14) as \n paragraphs (3) through (15), respectively; and\n (2) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) The term `child immunization' means immunization of \n children who have not attained the age of 6 years, in \n accordance with recommendations issued by the Surgeon General \n of the Public Health Service.''.\n (b) Requirement To Assist in Obtaining Child Immunizations.--\nSection 425 of the Stewart B. McKinney Homeless Assistance Act (42 \nU.S.C. 11385) is amended--\n (1) by striking subsection (b) and inserting the following \n new subsection:\n ``(b) Requirements.--\n ``(1) In general.--Supportive services provided in \n connection with a project shall address the special needs of \n individuals (such as homeless persons with disabilities and \n homeless families with children) intended to be served by a \n project.\n ``(2) Determination of immunization record of children \n occupying transitional housing.--For any child who has not \n attained the age of 6 and is occupying a project that is \n transitional housing, not later than 60 days after such initial \n occupancy the recipient of such assistance shall--\n ``(A) make reasonable efforts to obtain from the \n family of such child or the appropriate State or local \n health agency information sufficient to determine \n whether the child has been immunized in accordance with \n recommendations issued by the Surgeon General of the \n Public Health Service; and\n ``(B) for any child that has not been so immunized \n or for which insufficient information is available to \n determine whether the child has been so immunized, \n provide the family of the child with information \n regarding the benefits and availability of child \n immunization.''.\n (c) Eligible Services.--Section 425(c) of the Stewart B. McKinney \nHomeless Assistance Act (42 U.S.C. 11385(c)) is amended by striking \n``and (G)'' and inserting the following: ``(G) providing (i) \ntransportation for children occupying projects that are supportive \nhousing to locations where child immunization is available, (ii) \ninformation and counseling to families occupying such projects \nregarding the benefits and availability of child immunization, and \n(iii) child immunization for children occupying such projects at the \nproject or coordinating and arranging for the provision of such \nservices at the project, and (H)''.\n (d) Required Agreements.--Section 426(c) of the Stewart B. McKinney \nHomeless Assistance Act (42 U.S.C. 11386(c)) is amended--\n (1) in paragraph (6), by striking ``and'' at the end;\n (2) by redesignating paragraph (7) as paragraph (8); and\n (3) by inserting after paragraph (6) the following new \n paragraph:\n ``(7) in the case of any project that is supportive \n housing, to assist children who have not attained the age of 6 \n years and occupy the project to obtain immunizations (to the \n extent that such children have not been immunized in accordance \n with recommendations issued by the Surgeon General of the \n Public Health Service); and''.","summary":"Homeless Children's Immunization Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require operators of specified emergency shelters and transitional housing to determine the immunization status of children under the age of six years old occupying such housing.","title":"Homeless Children's Immunization Assistance Act","text_len":7346,"sum_len":286} {"bill_id":"104_s811","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Water Desalination Act of 1996''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Desalination or desalting.--The terms ``desalination'' or \n ``desalting'' mean the use of any process or technique for the \n removal and, when feasible, adaptation to beneficial use, of \n organic and inorganic elements and compounds from saline or \n biologically impaired waters, by itself or in conjunction with \n other processes.\n (2) Saline water.--The term ``saline water'' means sea water, \n brackish water, and other mineralized or chemically impaired water.\n (3) United states.--The term ``United States'' means the States \n of the United States, the District of Columbia, the Commonwealth of \n Puerto Rico, and the territories and possessions of the United \n States.\n (4) Usable water.--The term ``usable water'' means water of a \n high quality suitable for environmental enhancement, agricultural, \n industrial, municipal, and other beneficial consumptive or \n nonconsumptive uses.\n (5) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n\nSEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.\n\n (a) In General.--In order to determine the most cost-effective and \ntechnologically efficient means by which usable water can be produced \nfrom saline water or water otherwise impaired or contaminated, the \nSecretary is authorized to award grants and to enter into contracts, to \nthe extent provided in advance in appropriation Acts, to conduct, \nencourage, and assist in the financing of research to develop processes \nfor converting saline water into water suitable for beneficial uses. \nAwards of research grants and contracts under this section shall be \nmade on the basis of a competitive, merit-reviewed process. Research \nand study topics authorized by this section include--\n (1) investigating desalination processes;\n (2) ascertaining the optimum mix of investment and operating \n costs;\n (3) determining the best designs for different conditions of \n operation;\n (4) investigating methods of increasing the economic efficiency \n of desalination processes through dual-purpose co-facilities with \n other processes involving the use of water;\n (5) conducting or contracting for technical work, including the \n design, construction, and testing of pilot systems and test beds, \n to develop desalting processes and concepts;\n (6) studying methods for the recovery of byproducts resulting \n from desalination to offset the costs of treatment and to reduce \n environmental impacts from those byproducts; and\n (7) salinity modeling and toxicity analysis of brine \n discharges, cost reduction strategies for constructing and \n operating desalination facilities, and the horticultural effects of \n desalinated water used for irrigation.\n (b) Project Recommendations and Reports to the Congress.--As soon \nas practicable and within three years after the date of enactment of \nthis Act, the Secretary shall recommend to Congress desalination \ndemonstration projects or full-scale desalination projects to carry out \nthe purposes of this Act and to further evaluate and implement the \nresults of research and studies conducted under the authority of this \nsection. Recommendations for projects shall be accompanied by reports \non the engineering and economic feasibility of proposed projects and \ntheir environmental impacts.\n (c) Authority To Engage Others.--In carrying out research and \nstudies authorized in this section, the Secretary may engage the \nnecessary personnel, industrial or engineering firms, Federal \nlaboratories, water resources research and technology institutes, other \nfacilities, and educational institutions suitable to conduct \ninvestigations and studies authorized under this section.\n (d) Alternative Technologies.--In carrying out the purposes of this \nAct, the Secretary shall ensure that at least three separate \ntechnologies are evaluated and demonstrated for the purposes of \naccomplishing desalination.\n\nSEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.\n\n (a) In General.--In order to further demonstrate the feasibility of \ndesalination processes investigated either independently or in research \nconducted pursuant to section 3, the Secretary shall administer and \nconduct a demonstration and development program for water desalination \nand related activities, including the following:\n (1) Desalination plants and modules.--Conduct or contract for \n technical work, including the design, construction, and testing of \n plants and modules to develop desalination processes and concepts.\n (2) Byproducts.--Study methods for the marketing of byproducts \n resulting from the desalting of water to offset the costs of \n treatment and to reduce environmental impacts of those byproducts.\n (3) Economic surveys.--Conduct economic studies and surveys to \n determine present and prospective costs of producing water for \n beneficial purposes in various locations by desalination processes \n compared to other methods.\n (b) Cooperative Agreements.--Federal participation in desalination \nactivities may be conducted through cooperative agreements, including \ncost-sharing agreements, with non-Federal public utilities and State \nand local governmental agencies and other entities, in order to develop \nrecommendations for Federal participation in processes and plants \nutilizing desalting technologies for the production of water.\n\nSEC. 5. AVAILABILITY OF INFORMATION.\n\n All information from studies sponsored or funded under authority of \nthis Act shall be considered public information.\n\nSEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.\n\n The Secretary may--\n (1) accept technical and administrative assistance from States \n and public or private agencies in connection with studies, surveys, \n location, construction, operation, and other work relating to the \n desalting of water, and\n (2) enter into contracts or agreements stating the purposes for \n which the assistance is contributed and providing for the sharing \n of costs between the Secretary and any such agency.\n\nSEC. 7. COST SHARING.\n\n The Federal share of the cost of a research, study, or \ndemonstration project or a desalination development project or activity \ncarried out under this Act shall not exceed 50 percent of the total \ncost of the project or research or study activity. A Federal \ncontribution in excess of 25 percent for a project carried out under \nthis Act may not be made unless the Secretary determines that the \nproject is not feasible without such increased Federal contribution. \nThe Secretary shall prescribe appropriate procedures to implement the \nprovisions of this section. Costs of operation, maintenance, repair, \nand rehabilitation of facilities funded under the authority of this Act \nshall be non-Federal responsibilities.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Section 3.--There are authorized to be appropriated to carry \nout section 3 of this Act $5,000,000 per year for fiscal years 1997 \nthrough 2002. Of these amounts, up to $1,000,000 in each fiscal year \nmay be awarded to institutions of higher education, including United \nStates-Mexico binational research foundations and interuniversity \nresearch programs established by the two countries, for research grants \nwithout any cost-sharing requirement.\n (b) Section 4.--There are authorized to be appropriated to carry \nout section 4 of this Act $25,000,000 for fiscal years 1997 through \n2002.\n\nSEC. 9. CONSULTATION.\n\n In carrying out the provisions of this Act, the Secretary shall \nconsult with the heads of other Federal agencies, including the \nSecretary of the Army, which have experience in conducting desalination \nresearch or operating desalination facilities. The authorization \nprovided for in this Act shall not prohibit other agencies from \ncarrying out separately authorized programs for desalination research \nor operations.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Water Desalination Act of 1996 - Authorizes the Secretary of the Interior to award grants and contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Provides appropriate research and study topics. Requires the Secretary to recommend to the Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of the research and studies conducted. Directs the Secretary to administer and conduct a demonstration and development program for water desalination and related activities, including desalination plants and modules, byproducts marketing, economic cost surveys, and desalination cooperative agreements. Requires all information from studies sponsored or funded under this Act to be considered public information. Authorizes the Secretary to accept technical and administrative assistance in carrying out this Act. Provides Federal cost-sharing limitations for demonstration or development projects conducted under this Act. Authorizes appropriations for FY 1997 through 2002. Requires the Secretary to consult with the heads of Federal agencies which have experience in conducting desalination research or operating desalination facilities.","title":"Water Desalination Act of 1996","text_len":8379,"sum_len":1357} {"bill_id":"112_hr6079","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Repeal of Obamacare Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following with respect to the impact of Public \nLaw 111-148 and related provisions of Public Law 111-152 (collectively \nreferred to in this section as ``the law''):\n (1) President Obama promised the American people that if \n they liked their current health coverage, they could keep it. \n But even the Obama Administration admits that tens of millions \n of Americans are at risk of losing their health care coverage, \n including as many as 8 in 10 plans offered by small businesses.\n (2) Despite projected spending of more than two trillion \n dollars over the next 10 years, cutting Medicare by more than \n one-half trillion dollars over that period, and increasing \n taxes by over $800 billion dollars over that period, the law \n does not lower health care costs. In fact, the law actually \n makes coverage more expensive for millions of Americans. The \n average American family already paid a premium increase of \n approximately $1,200 in the year following passage of the law. \n The Congressional Budget Office (CBO) predicts that health \n insurance premiums for individuals buying private health \n coverage on their own will increase by $2,100 in 2016 compared \n to what the premiums would have been in 2016 if the law had not \n passed.\n (3) The law cuts more than one-half trillion dollars in \n Medicare and uses the funds to create a new entitlement program \n rather than to protect and strengthen the Medicare program. \n Actuaries at the Centers for Medicare & Medicaid Services (CMS) \n warn that the Medicare cuts contained in the law are so drastic \n that ``providers might end their participation in the program \n (possibly jeopardizing access to care for beneficiaries)''. CBO \n cautioned that the Medicare cuts ``might be difficult to \n sustain over a long period of time''. According to the CMS \n actuaries, 7.4 million Medicare beneficiaries who would have \n been enrolled in a Medicare Advantage plan in 2017 will lose \n access to their plan because the law cuts $206 billion in \n payments to Medicare Advantage plans. The Trustees of the \n Medicare Trust Funds predict that the law will result in a \n substantial decline in employer-sponsored retiree drug \n coverage, and 90 percent of seniors will no longer have access \n to retiree drug coverage by 2016 as a result of the law.\n (4) The law creates a 15-member, unelected Independent \n Payment Advisory Board that is empowered to make binding \n decisions regarding what treatments Medicare will cover and how \n much Medicare will pay for treatments solely to cut spending, \n restricting access to health care for seniors.\n (5) The law and the more than 13,000 pages of related \n regulations issued before July 11, 2012, are causing great \n uncertainty, slowing economic growth, and limiting hiring \n opportunities for the approximately 13 million Americans \n searching for work. Imposing higher costs on businesses will \n lead to lower wages, fewer workers, or both.\n (6) The law imposes 21 new or higher taxes on American \n families and businesses, including 12 taxes on families making \n less than $250,000 a year.\n (7) While President Obama promised that nothing in the law \n would fund elective abortion, the law expands the role of the \n Federal Government in funding and facilitating abortion and \n plans that cover abortion. The law appropriates billions of \n dollars in new funding without explicitly prohibiting the use \n of these funds for abortion, and it provides Federal subsidies \n for health plans covering elective abortions. Moreover, the law \n effectively forces millions of individuals to personally pay a \n separate abortion premium in violation of their sincerely held \n religious, ethical, or moral beliefs.\n (8) Until enactment of the law, the Federal Government has \n not sought to impose specific coverage or care requirements \n that infringe on the rights of conscience of insurers, \n purchasers of insurance, plan sponsors, beneficiaries, and \n other stakeholders, such as individual or institutional health \n care providers. The law creates a new nationwide requirement \n for health plans to cover ``essential health benefits'' and \n ``preventive services'', but does not allow stakeholders to opt \n out of covering items or services to which they have a \n religious or moral objection, in violation of the Religious \n Freedom Restoration Act (Public Law 103-141). By creating new \n barriers to health insurance and causing the loss of existing \n insurance arrangements, these inflexible mandates jeopardize \n the ability of institutions and individuals to exercise their \n rights of conscience and their ability to freely participate in \n the health insurance and health care marketplace.\n (9) The law expands Government control over health care, \n adds trillions of dollars to existing liabilities, drives costs \n up even further, and too often puts Federal bureaucrats, \n instead of doctors and patients, in charge of health care \n decisionmaking.\n (10) The path to patient-centered care and lower costs for \n all Americans must begin with a full repeal of the law.\n\nSEC. 3. REPEAL OF OBAMACARE.\n\n (a) PPACA.--Effective as of the enactment of Public Law 111-148, \nsuch Act (other than subsection (d) of section 1899A of the Social \nSecurity Act, as added and amended by sections 3403 and 10320 of such \nPublic Law) is repealed, and the provisions of law amended or repealed \nby such Act (other than such subsection (d)) are restored or revived as \nif such Act had not been enacted.\n (b) Health Care-Related Provisions in the Health Care and Education \nReconciliation Act of 2010.--Effective as of the enactment of the \nHealth Care and Education Reconciliation Act of 2010 (Public Law 111-\n152), title I and subtitle B of title II of such Act are repealed, and \nthe provisions of law amended or repealed by such title or subtitle, \nrespectively, are restored or revived as if such title and subtitle had \nnot been enacted.\n\nSEC. 4. BUDGETARY EFFECTS OF THIS ACT.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Committee on the Budget of the House of \nRepresentatives, as long as such statement has been submitted prior to \nthe vote on passage of this Act.\n\n Passed the House of Representatives July 11, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.\n ","summary":"Repeal of Obamacare Act - Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions.","title":"To repeal the Patient Protection and Affordable Care Act and health care-related provisions in the Health Care and Education Reconciliation Act of 2010.","text_len":8018,"sum_len":369} {"bill_id":"111_hr5884","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Seniors Financial Fraud Prevention \nAct of 2010''.\n\nSEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS.\n\n (a) Establishment of Office.--The Federal Trade Commission shall \nestablish a separate office within the Commission for the purpose of \npreventing fraud targeting seniors and to assist the Commission with \nthe following:\n (1) Oversight.--The office shall monitor the market for \n mail, telemarketing, television, and Internet fraud targeting \n seniors and shall coordinate with other relevant agencies \n regarding the requirements of this section.\n (2) Consumer education.--The Federal Trade Commission \n through the office shall, after consultation with the Attorney \n General, the Secretary of Health and Human Services, the \n Postmaster General, and the Chief Postal Inspector for the \n United States Postal Inspection Service--\n (A) disseminate to seniors and families and \n caregivers of seniors general information on mail, \n telemarketing, television, and Internet fraud targeting \n seniors, including descriptions of the most common \n fraud schemes;\n (B) disseminate to seniors and families and \n caregivers of seniors information on means of referring \n complaints of fraud targeting seniors to appropriate \n law enforcement agencies, including the Director of the \n Federal Bureau of Investigation, the attorneys general \n of the States, and a national toll-free telephone \n number for reporting mail, telemarketing, television, \n and Internet fraud established by the Federal Trade \n Commission;\n (C) in response to a specific request about a \n particular entity or individual, provide publicly \n available information on any record of civil or \n criminal law enforcement action for mail, \n telemarketing, television, or Internet fraud against \n such entity; and\n (D) maintain a website to serve as a resource for \n information for seniors and families and caregivers of \n seniors regarding mail, telemarketing, television, and \n Internet fraud targeting seniors.\n (3) Complaints.--The Federal Trade Commission through the \n office shall, after consultation with the Attorney General, \n establish procedures to--\n (A) log and acknowledge the receipt of complaints \n by individuals who certify that they have a reasonable \n belief that they have been the victim of fraud in \n connection with the conduct of mail, telemarketing (as \n that term is defined in section 2325 of title 18, \n United States Code), television, and Internet;\n (B) provide to individuals described in \n subparagraph (A), and to any other persons, information \n on mail, telemarketing, television, and Internet fraud, \n including--\n (i) general information on mail, \n telemarketing, television, and Internet fraud, \n including descriptions of the most common mail, \n telemarketing, television, and Internet fraud \n schemes;\n (ii) information on means of referring \n complaints on mail, telemarketing, television, \n and Internet fraud to appropriate law \n enforcement agencies, including the Director of \n the Federal Bureau of Investigation and the \n Attorney General; and\n (iii) information, if available, on the \n number of complaints of mail, telemarketing, \n television, and Internet fraud against \n particular companies and any record of \n convictions for mail, telemarketing, \n television, and Internet fraud by particular \n companies for which a specific request has been \n made; and\n (C) refer complaints described in subparagraph (A) \n to appropriate entities, including State consumer \n protection agencies or entities and appropriate law \n enforcement agencies, for potential law enforcement \n action.\n (b) Commencement.--The Federal Trade Commission shall commence \ncarrying out the requirements of this section not later than one year \nafter the date of enactment of this Act.","summary":"Seniors Financial Fraud Prevention Act of 2010 - Establishes a separate office within the Federal Trade Commission (FTC) for the prevention of fraud targeting seniors and requires the office to assist the FTC in monitoring the market for mail, telemarketing, television, and Internet fraud which targets seniors. Requires the FTC through such office: (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, television, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies. (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud. And (3) to maintain a website as a resource for such individuals on those kinds of fraud. Requires the FTC through such office to establish procedures to: (1) log and acknowledge complaints from individuals who certify that they believe they have been victims of mail, telemarketing, television, or Internet fraud, (2) provide certain information on those kinds of fraud. And (3) refer such complaints to appropriate entities, including state consumer protection agencies and entities and appropriate law enforcement agencies, for potential law enforcement action.","title":"To establish a separate office within the Federal Trade Commission to prevent fraud targeting seniors, and for other purposes.","text_len":5010,"sum_len":1334} {"bill_id":"114_s2290","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Head Start Improvement Act of \n2015''.\n\nSEC. 2. IMPROVEMENTS.\n\n The Head Start Act (42 U.S.C. 9831 et seq.) is amended to read as \nfollows:\n\n``SEC. 635. SHORT TITLE.\n\n ``This subchapter may be cited as the `Head Start Act'.\n\n``SEC. 636. STATEMENT OF PURPOSE.\n\n ``It is the purpose of this subchapter to promote the school \nreadiness of low-income children by enhancing their cognitive, social, \nand emotional development in a learning environment that supports \nchildren's growth in language, literacy, mathematics, science, social \nand emotional functioning, creative arts, physical skills, and \napproaches to learning.\n\n``SEC. 637. DEFINITIONS.\n\n ``For purposes of this subchapter:\n ``(1) Delegate agency.--The term `delegate agency' means a \n public, private nonprofit (including a community-based \n organization, as defined in section 9101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7801)), or for-\n profit organization or agency to which an eligible entity has \n delegated all or part of the responsibility of the grantee for \n administering funds under this subchapter.\n ``(2) Eligible entity.--The term `eligible entity' means \n the recipient of a subgrant under section 639(d)(3)(A).\n ``(3) Financial assistance.--The term `financial \n assistance' includes assistance provided by grant, agreement, \n or contract, and payments may be made in installments and in \n advance or by way of reimbursement with necessary adjustments \n on account of overpayments or underpayments.\n ``(4) Grant recipient.--The term `grant recipient' means \n the recipient of a grant under section 639(a).\n ``(5) Indian tribe.--The term `Indian tribe' means any \n tribe, band, nation, pueblo, or other organized group or \n community of Indians, including any Native village described in \n section 3(c) of the Alaska Native Claims Settlement Act (43 \n U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C. \n 1601 et seq.), that is recognized as eligible for the special \n programs and services provided by the United States to Indians \n because of their status as Indians.\n ``(6) Local educational agency.--The term `local \n educational agency' has the meaning given such term in section \n 9101 of the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 7801).\n ``(7) Low-income child.--The term `low-income child' means \n a child who is age 5 or younger, and is from a family with an \n income below 100 percent of the poverty line for the most \n recent fiscal year for which satisfactory data are available.\n ``(8) Poverty line.--The term `poverty line' means the \n official poverty line (as defined by the Office of Management \n and Budget)--\n ``(A) adjusted to reflect the percentage change in \n the Consumer Price Index For All Urban Consumers, \n issued by the Bureau of Labor Statistics, occurring in \n the 1-year period or other interval immediately \n preceding the date such adjustment is made; and\n ``(B) adjusted for family size.\n ``(9) Secretary.--The term `Secretary' means the Secretary \n of Health and Human Services.\n ``(10) State.--The term `State' means a State, the \n Commonwealth of Puerto Rico, the District of Columbia, Guam, \n American Samoa, the Virgin Islands of the United States, and \n the Commonwealth of the Northern Mariana Islands. The term \n includes the Republic of Palau, except during any period for \n which a Compact of Free Association is in effect, contains \n provisions for early childhood education or development, and \n prohibits the assistance provided under this subchapter.\n\n``SEC. 638. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this \nsubchapter $8,598,000,000 for each of fiscal years 2016 through 2020.\n\n``SEC. 639. BLOCK GRANTS TO ELIGIBLE STATES AND INDIAN TRIBES.\n\n ``(a) In General.--Notwithstanding any other provision of this \nsubchapter, beginning on October 1 of the first fiscal year following \nthe date of enactment of the Head Start Improvement Act of 2015, from \nthe amounts appropriated to carry out this subchapter under section 638 \nfor a fiscal year, the Secretary shall award grants to eligible States \nand Indian tribes from allotments made under subsection (b) in \naccordance with this section.\n ``(b) Allotments.--\n ``(1) Formula.--The Secretary shall allot the amount \n appropriated under section 638 for a fiscal year among the \n eligible States and Indian tribes in proportion to the number \n of children, age 5 and younger, who are from families with \n incomes below 100 percent of the poverty line for the most \n recent fiscal year for which satisfactory data are available \n and who are in an eligible State or Indian tribe, compared to \n the number of such children for that fiscal year who are in all \n eligible States or Indian tribes.\n ``(2) Calculation.--For purposes of counting the number of \n children who are in an eligible State under paragraph (1), the \n children who are counted in an eligible Indian tribe in that \n State shall be excluded.\n ``(c) Application.--To be eligible to receive a grant under this \nsection, a State or Indian tribe shall submit an application to the \nSecretary that includes the number of low-income children in the State \nor Indian tribe.\n ``(d) Use of Funds.--\n ``(1) In general.--A grant recipient under this section \n shall use 100 percent of the grant funds--\n ``(A) for prekindergarten education programs in the \n State or Indian tribe involved;\n ``(B) for the administration of the programs \n described in subparagraph (A); and\n ``(C) to provide direct technical assistance, \n oversight, monitoring, research, and training with \n respect to the programs described in subparagraph (A).\n ``(2) Certification.--The Governor, or other chief \n executive, of each grant recipient shall certify that all grant \n funds received under this section will be used to directly or \n indirectly provide comprehensive education and related services \n to low-income children and their families.\n ``(3) Grant recipient responsibilities.--A grant recipient \n shall--\n ``(A) award subgrants to eligible entities (as \n defined by the grant recipient) to enable such entities \n to provide, directly or through a delegate agency, \n prekindergarten education programs in the State or \n Indian tribe involved;\n ``(B) establish rules and standards for the \n entities awarded subgrants under subparagraph (A); and\n ``(C) monitor compliance by entities awarded \n subgrants under subparagraph (A).\n ``(4) Flexibility.--Notwithstanding any other provision of \n Federal law (other than this section)--\n ``(A) a grant recipient shall have full flexibility \n to use grant funds to finance a prekindergarten \n education provider, service, or program; and\n ``(B) in particular, to the extent permitted under \n State law, may use the grant funds to establish a \n portable voucher system that allows a parent of a low-\n income child to use a portion of the grant funds, other \n available public funds, or private funds to pay some or \n all of the costs of attendance at a private \n prekindergarten education program.\n ``(5) Members of indian tribes.--A member of an Indian \n tribe who is eligible to receive services pursuant to a program \n funded under this section may elect to receive such services \n from any eligible entity for the State or Indian tribe in which \n the member resides.\n ``(e) Matching Funds.--A grant recipient shall provide matching \nfunds from non-Federal sources equal to 20 percent of the amount of the \ngrant to carry out the activities described in this section.\n ``(f) Administrative Costs.--No eligible entity that receives a \nsubgrant to provide a program under this subchapter shall use more than \n15 percent of the subgrant funds for the administrative costs of the \nprogram.\n\n``SEC. 640. LIMITATIONS ON ASSISTANCE.\n\n ``Nothing in this subchapter shall be construed to require a grant \nrecipient to establish a publicly funded program of early childhood \neducation and development, or to require any child to participate in \nsuch a publicly funded program, including a preschool program funded by \na grant recipient, or to participate in any initial screening (other \nthan a health screening) before participating in a publicly funded \nprogram of early childhood education and development, except as \nprovided under sections 612(a)(3) and 635(a)(5) of the Individuals with \nDisabilities Education Act (20 U.S.C. 1412(a)(3), 1435(a)(5)).\n\n``SEC. 641. GOALS; MONITORING.\n\n ``(a) Self-Assessments.--Not less frequently than once each program \nyear, each grant recipient shall conduct a comprehensive self-\nassessment of the effectiveness and progress of the grant recipient's \nprogram under this subchapter in meeting program goals established by \nthe grant recipient. The self-assessment shall include a determination \nof the number of low-income children served by the program carried out \nby the grant recipient under this subchapter.\n ``(b) Reports.--The grant recipient shall develop, and make \navailable to the public, an online and searchable report containing the \nself-assessment, and an improvement plan to strengthen any areas \nidentified in the self-assessment as weaknesses or in need of \nimprovement. The report shall include the number of low-income children \nserved by the program carried out by the grant recipient under this \nsubchapter.\n ``(c) Ongoing Monitoring.--Each grant recipient shall establish and \nimplement procedures for the ongoing monitoring of their respective \nprograms, to ensure that the operations of the programs work toward \nmeeting the program goals.\n\n``SEC. 642. ADMINISTRATIVE REQUIREMENTS.\n\n ``Each grant recipient shall make available to the public a report \npublished online at least once in each fiscal year that discloses the \nfollowing information, from the most recently concluded fiscal year, \nexcept that reporting such information shall not reveal personally \nidentifiable information about an individual child or parent:\n ``(1) The total amount of public and private funds received \n and the amount from each source.\n ``(2) An explanation of budgetary expenditures and proposed \n budget for the fiscal year.\n ``(3) The total number of children and families served, the \n average monthly enrollment (as a percentage of funded \n enrollment), and the percentage of eligible children served.\n ``(4) The results of the most recent self-assessment under \n section 641.\n ``(5) Information about parent involvement activities.\n ``(6) Information about the grant recipient's efforts to \n prepare children for kindergarten.\n\n``SEC. 643. RECORDS.\n\n ``Each recipient of financial assistance under this subchapter \nshall keep records, including records which fully disclose the amount \nand disposition by such recipient of the proceeds of such financial \nassistance, the total cost of the program or activity in connection \nwith which such financial assistance is given or used, and the amount \nof that portion of the cost of the program or activity supplied by \nother sources.\n\n``SEC. 644. RESEARCH.\n\n ``(a) Study.--The Comptroller General of the United States shall \nconduct a study--\n ``(1) of the different approaches and best practices used \n by States and Indian tribes in carrying out the program under \n this subchapter; and\n ``(2) that is limited to the information provided in the \n online reports made available by grant recipients under \n sections 641 and 642.\n ``(b) Report.--Not later than October 1 of the fourth fiscal year \nafter the date of enactment referred to in section 639(a), the \nComptroller General shall submit a report containing the results of the \nstudy to the appropriate committees of Congress.\n\n``SEC. 645. NONDISCRIMINATION PROVISIONS.\n\n ``No grant recipient shall provide financial assistance for any \nprogram or activity under this subchapter unless the grant or contract \nrelating to the financial assistance specifically provides that no \nperson with responsibilities in the operation of the program or \nactivity will discriminate with respect to any such program or activity \nbecause of race, creed, color, national origin, sex, political \naffiliation, or beliefs, or because of a disability in violation of \nsection 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).\n\n``SEC. 646. POLITICAL ACTIVITIES.\n\n ``(a) Restrictions.--A program assisted under this subchapter, and \nany individual employed by, or assigned to or in, a program assisted \nunder this subchapter (during the hours in which such individual is \nworking on behalf of such program), shall not engage in--\n ``(1) any partisan or nonpartisan political activity or any \n other political activity associated with a candidate, or \n contending faction or group, in an election for public or party \n office;\n ``(2) any activity to provide voters or prospective voters \n with transportation to the polls or similar assistance in \n connection with any such election; or\n ``(3) assisting, promoting, or deterring union \n organization.\n ``(b) Registration.--No funds appropriated under this subchapter \nmay be used to conduct voter registration activities. Nothing in this \nsubchapter prohibits the availability of Head Start facilities during \nhours of operation for the use of any nonpartisan organization to \nincrease the number of eligible citizens who register to vote in \nelections for Federal office.\n\n``SEC. 647. ADVANCE FUNDING.\n\n ``For the purpose of affording adequate notice of funding available \nunder this subchapter, appropriations for carrying out this subchapter \nare authorized to be included in an appropriation Act for the fiscal \nyear preceding the fiscal year for which they are available for \nobligation.\n\n``SEC. 648. GENERAL PROVISIONS.\n\n ``(a) Limitation.--Nothing in this subchapter shall be construed to \nauthorize or permit the Secretary or any employee or contractor of the \nDepartment of Health and Human Services to mandate, direct, or control, \nthe selection of a curriculum, a program of instruction, or \ninstructional materials, for a Head Start program carried out by an \neligible entity.\n ``(b) Special Rule.--Nothing in this subchapter shall be construed \nto authorize an eligible entity carrying out a program or activity or a \nlocal educational agency to require the other to select or implement a \nspecific curriculum or program of instruction.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendment made by this Act shall apply beginning on October 1 \nof the first fiscal year following the date of enactment of the \nImprovement Act of 2015.","summary":"Head Start Improvement Act of 2015 This bill amends the Head Start Act to replace the existing Head Start program with block grants to states and Indian tribes for prekindergarten (pre-K) education. Instead of providing direct financial assistance to Head Start agencies, the Department of Health and Human Services (HHS) shall allot block grant funds for pre-K education among eligible states and Indian tribes in accordance withnbsp. Their relative proportions of children, age five and younger, from low-income households. nbsp, Grant recipientsnbsp, shall use the grant funds to: (1)nbsp, award subgrants to eligible entitiesnbsp, that providenbsp, pre-K education programs, (2) administer such programs. And (3) provide technical assistance, oversight, monitoring, research, and training. Under current law, HHS is authorized to designate, monitor, and establish standards fornbsp, Head Start agencies. The bill instead shiftsnbsp, pre-K program oversight and controlnbsp, to states and Indian tribes, whichnbsp. Shall have full flexibility to use grant funds to finance the pre-K programs ofnbsp, their choice. nbsp, In addition,nbsp. Grant recipients may use grant funds to establish portable voucher systems that allow costs to be paidnbsp, for attendance atnbsp. Private pre-K education programs. Under current law, federal financial assistance for a Head Start programnbsp, is generally limited tonbsp, 80 of total program costs. The bill maintains thisnbsp, limitation bynbsp. Requiring grant recipients to provide matching funds equal to 20 of the grant amount.","title":"Head Start Improvement Act of 2015","text_len":15962,"sum_len":1573} {"bill_id":"114_s3377","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Military and Police \nOperations through Women's Engagement and Recruitment Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States National Action Plan On Women, Peace \n and Security expresses the unqualified commitment of the United \n States to integrating women's perspectives fully into our \n diplomatic, defense, and development efforts not simply as \n beneficiaries, but as agents of peace, security, \n reconciliation, development, growth, and stability. The plan \n also specifies the following priorities:\n (A) Providing assistance to support women's \n participation, integration, and leadership in the \n security sector.\n (B) Working with partner nations to increase \n women's participation in United States-funded training \n programs for foreign police, judicial, and military \n personnel, including professional military education, \n as well as exchange programs, conferences, and \n seminars.\n (C) Utilizing the participation of female members \n of the United States Armed Forces to encourage and \n model gender integration in the armed forces of partner \n nations.\n (2) The Department of State's 2015 Quadrennial Diplomacy \n and Development Review states that--\n (A) the United States is promoting initiatives \n based on the unique roles that women and girls play in \n preventing and responding to conflict; and\n (B) gender equality is a core element in policy \n development, strategy and budget planning, policy and \n program implementation, management and training, and \n monitoring and evaluation of results.\n (3) United States security sector assistance is a key \n engagement tool with our foreign partners. Security sector \n assistance helps further United States interests by seeking to \n professionalize and develop the police and militaries of our \n foreign partners, shaping the security sector policies of \n foreign governments, and building sustainable and legitimate \n institutions to provide security and justice and respond to the \n needs of populations. Security sector assistance can also \n support broad United States policy goals, including respect for \n human rights, civilian control of the military, and the rule of \n law.\n (4) To support these efforts, the United States Department \n of State provides funding for a number of training programs for \n military forces, police and other security forces, and \n international peacekeeping operations.\n (5) Women are underrepresented in security forces \n worldwide. For instance, in South Asia--\n (A) women make up less than 1 percent of Pakistan's \n total police force;\n (B) women make up less than 5 percent of \n Bangladesh's total police force; and\n (C) women make up less than 7 percent of India's \n total police force.\n (6) As demonstrated by United States Female Engagement \n Teams deployed to Afghanistan, female soldiers can enhance the \n operational effectiveness of security operations and gather \n information and provide access to local populations that all-\n male units cannot engage or search.\n (7) Female military and police can provide critical \n contributions to security. For Afghanistan's 2014 presidential \n elections, Afghanistan's Ministry of Interior recruited and \n trained 13,000 females to provide security and conduct searches \n of women at checkpoints and polling stations. Female police \n facilitated the participation of women in elections.\n (8) The International Military Education and Training \n (IMET) program, funded by the United States Department of \n State, provides professional military training for the future \n leaders of our foreign partners, enhances interoperability with \n the United States Armed Forces, builds relationships among \n international and United States military students, and conveys \n United States customs and cultural norms.\n (9) Of the 141 countries that received IMET funding from \n Fiscal Year 2011 through Fiscal Year 2015, only approximately 7 \n percent of IMET program participants from those countries were \n women.\n (10) United States international police training programs \n that are specifically focused on women have proven effective in \n recruiting and retaining women. In Lebanon, for instance, a \n Department of State-funded basic cadet course for women was \n instrumental in helping Lebanon's Internal Security Forces \n increase the number of police officers from two to 610.\n (11) United States security assistance for peacekeeping \n builds the capabilities of our partner countries, increases the \n number of military and police personnel available for \n deployment to support peace operations, and facilitates the \n logistical support and deployment of units to peace operations.\n (12) Studies demonstrate that the inclusion of higher \n proportions of female peacekeepers is associated with fewer \n allegations of sexual abuse and exploitation, as is the \n inclusion of personnel from countries with better records of \n gender equality.\n (13) Female peacekeepers are uniquely capable of assisting \n female survivors of sexual violence. Reports demonstrate that \n victims are more likely to report incidents of abuse to women \n in the police or military. In Liberia, the presence of a female \n Indian peacekeeping unit increased reporting of sexual abuse \n and encouraged the recruitment of women to the national police.\n (14) Despite the recognition of the importance of \n increasing the number of women in peacekeeping operations, \n according to the United Nations, as of February 2016--\n (A) women comprised only 3 percent of total \n military forces deployed to peacekeeping missions; and\n (B) women comprised only 9 percent of total police \n forces deployed to peacekeeping missions.\n (15) The Global Peace Operations Initiative is a United \n States security assistance program to train, deploy, and build \n the capacity of peacekeepers worldwide. Through the Global \n Peace Operations Initiative, the United States has worked to \n increase the participation of female peacekeepers in United \n Nations operations. With dedicated United States assistance, \n over the last five years, the countries that received \n assistance under the Global Peace Operations Initiative nearly \n doubled the number of deployed female military peacekeepers \n from 1,396 to 2,539. Of the countries that received assistance \n under the Global Peace Operations Initiative that deploy \n personnel to peacekeeping missions, as of January 2016--\n (A) women comprised approximately 4 percent of \n total military forces deployed to peace operations; and\n (B) women comprised approximately 7 percent of \n formed police units and 10 percent of total police \n forces deployed to peace operations.\n\nSEC. 3. STATEMENT OF POLICY.\n\n It is the policy of the United States--\n (1) to recognize and respond to the significant shortage of \n women at all levels in foreign military and police forces;\n (2) to prioritize the identification, engagement, and \n support of women leaders at all levels in foreign security \n sectors;\n (3) to increase the recruitment, retention, \n professionalization, and promotion of women in foreign security \n sectors, specifically in the military and police forces;\n (4) to promote the meaningful inclusion and deployment of \n women in security operations; and\n (5) to enhance and expand United States training \n opportunities for women at all levels in foreign militaries and \n police forces.\n\nSEC. 4. FOREIGN MILITARY EXCHANGES.\n\n The Department of State, in coordination with the Department of \nDefense, shall seek to increase the participation of women receiving \ntraining under the International Military Education and Training \nprogram at United States military schools and training institutions, \nwith the goal of doubling female participation in such programs \nglobally by September 30, 2019.\n\nSEC. 5. COUNTERING TERRORISM AND VIOLENT EXTREMISM.\n\n (a) In General.--The Department of State shall seek to increase the \nparticipation of women receiving training under the Department of \nState's Anti-Terrorism Assistance (ATA) programs, with the goal of \ndoubling the total women receiving such training by September 30, 2019.\n (b) Mandate.--The Department of State shall make explicit in its \nmandate for ATA programs its priority to increase the participation of \nwomen.\n\nSEC. 6. PEACEKEEPING OPERATIONS.\n\n (a) In General.--The Department of State shall work with partner \ncountries receiving peacekeeping training assistance to prioritize the \nintegration, training, and deployment of qualified female peacekeepers \nin peace operations. The Department of State shall work with partner \ncountries receiving peacekeeping training assistance to prioritize the \nemployment, development, and integration of female peacekeeping \ntrainers.\n (b) United Nations Peacekeeping Missions.--Through the United \nStates Mission to the United Nations, the Department of State shall \npromote an increase in the recruitment, retention, and leadership roles \nof female personnel assigned to United Nations peacekeeping missions.\n (c) Increased Deployment of Female Peacekeepers.--The Department of \nState may work with partner countries receiving United States \npeacekeeping training assistance to double the number of qualified \nwomen deployed to peace operations not later than 5 years after the \ndate of the enactment of this Act.\n\nSEC. 7. LAW ENFORCEMENT.\n\n (a) Participation Requirement.--The Department of State shall \nestablish female participation requirements for its police training \nprograms and work with partner countries to ensure that women account \nfor not less than 10 percent of nominees for United States-funded \npolice training programs.\n (b) Communication of Requirement.--The Department shall make \nexplicit its priority to increase the participation of women in the \ndesign and implementation of all police training programs.\n\nSEC. 8. MONITORING AND EVALUATION.\n\n The Secretary of State, the Secretary of Defense, and \nrepresentatives of other relevant Federal agencies and departments, as \nappropriate, shall develop a plan for the monitoring and independent \nevaluation of programs, projects, and activities carried out under this \nAct.\n\nSEC. 9. REPORTING REQUIREMENTS.\n\n (a) In General.--The Secretary of State, in conjunction with the \nSecretary of Defense, shall designate appropriate officials to brief \nthe appropriate congressional committees, not later than 1 year after \nthe date of the enactment of this Act, on--\n (1) the existing, enhanced, and newly established training \n carried out pursuant to this Act;\n (2) diplomatic actions undertaken to promote the targets \n set forth in this Act;\n (3) the guidelines established for overseas United States \n diplomatic and military personnel to engage with foreign \n counterparts pursuant to this Act;\n (4) progress towards the targets set forth in this Act; and\n (5) actions to address the structural and systemic barriers \n to women's recruitment, retention, and professionalization for \n the largest recipients of United States security sector \n assistance.\n (b) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means--\n (1) the Committee on Foreign Relations, the Committee on \n Armed Services, and the Committee on Appropriations of the \n Senate; and\n (2) the Committee on Foreign Affairs, the Committee on \n Armed Services, and the Committee on Appropriations of the \n House of Representatives.","summary":"Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016 This bill requires the Department of State, in coordination with the Department of Defense (DOD), to seek to increase the participation of women receiving training under the International Military Education and Training program at US military schools and training institutions, with the goal of doubling female participation globally by September 30, 2019. The State Department shall seek to increase the participation of women receiving training under its Anti-Terrorism Assistance (ATA) programs, with the goal of doubling the total women receiving such training by September 30, 2019, and make explicit in its mandate for ATA programs its priority to increase women's participation. State shall work with partner countries receiving peacekeeping training assistance to: (1) prioritize the integration, training, and deployment of qualified female peacekeepers in peace operations. (2) prioritize the employment, development, and integration of female peacekeeping trainers. And (3) double the number of qualified women deployed to peace operations within five years. State also shall: promote an increase in the recruitment, retention, and leadership roles of female personnel assigned to United Nations peacekeeping missions. Establish female participation requirements for its police training programs and work with partner countries to ensure that women account for at least 10 of nominees for US-funded police training programs. Make explicit its priority to increase women's participation in the design and implementation of all police training programs. Develop a plan for the monitoring and independent evaluation of programs, projects, and activities carried out under this bill. And designate officials to brief Congress regarding actions taken under this Act.","title":"Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016","text_len":13028,"sum_len":1868} {"bill_id":"108_s2462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``21st Century Federal Pell Grant Plus \nAct''.\n\nSEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF \n STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN \n LANGUAGES.\n\n Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1070a(b)(2)) is amended by adding at the end the following:\n ``(C)(i) Notwithstanding subparagraph (A) and subject to clause \n(iii), in the case of a student who is eligible under this part and who \nis pursuing a degree with a major in, or a certificate or program of \nstudy relating to, engineering, mathematics, science (such as physics, \nchemistry, or computer science), or a foreign language, described in a \nlist developed or updated under clause (ii), the amount of the Federal \nPell Grant shall be the amount calculated for the student under \nsubparagraph (A) for the academic year involved, multiplied by 2.\n ``(ii)(I) The Secretary, in consultation with the Secretary of \nDefense, the Secretary of the Department of Homeland Security, and the \nDirector of the National Science Foundation, shall develop, update not \nless than once every 2 years, and publish in the Federal Register, a \nlist of engineering, mathematics, and science degrees, majors, \ncertificates, or programs that if pursued by a student, may enable the \nstudent to receive the increased Federal Pell Grant amount under clause \n(i). In developing and updating the list the Secretaries and Director \nshall consider the following:\n ``(aa) The current engineering, mathematics, and science \n needs of the United States with respect to national security, \n homeland security, and economic security.\n ``(bb) Whether institutions of higher education in the \n United States are currently producing enough graduates with \n degrees to meet the national security, homeland security, and \n economic security needs of the United States.\n ``(cc) The future expected workforce needs of the United \n States required to help ensure the Nation's national security, \n homeland security, and economic security.\n ``(dd) Whether institutions of higher education in the \n United States are expected to produce enough graduates with \n degrees to meet the future national security, homeland \n security, and economic security needs of the United States.\n ``(II) The Secretary, in consultation with the Secretary of \nDefense, the Secretary of the Department of Homeland Security, and the \nSecretary of State, shall develop, update not less than once every 2 \nyears, and publish in the Federal Register, a list of foreign language \ndegrees, majors, certificates, or programs that if pursued by a \nstudent, may enable the student to receive the increased Federal Pell \nGrant amount under clause (i). In developing and updating the list the \nSecretaries shall consider the following:\n ``(aa) The foreign language needs of the United States with \n respect to national security, homeland security, and economic \n security.\n ``(bb) Whether institutions of higher education in the \n United States are currently producing enough graduates with \n degrees to meet the national security, homeland security, and \n economic security needs of the United States.\n ``(cc) The future expected workforce needs of the United \n States required to help ensure the Nation's national security, \n homeland security, and economic security.\n ``(dd) Whether institutions of higher education in the \n United States are expected to produce enough graduates with \n degrees to meet the future national security, homeland \n security, and economic security needs of the United States.\n ``(iii) Each student who received an increased Federal Pell Grant \namount under clause (i) to pursue a degree, major, certificate, or \nprogram described in a list published under subclause (I) or (II) of \nclause (ii) shall continue to be eligible for the increased Federal \nPell Grant amount in subsequent academic years if the degree, major, \ncertificate, or program, respectively, is subsequently removed from the \nlist.\n ``(iv)(I) If a student who received an increased Federal Pell Grant \namount under clause (i) changes the student's course of study to a \ndegree, major, certificate, or program that is not included in a list \ndescribed in clause (ii), then the Secretary shall reduce the amount of \nFederal Pell Grant assistance the student is eligible to receive under \nthis section for subsequent academic years by an amount equal to the \ndifference between the total amount the student received under this \nsubparagraph and the total amount the student would have received under \nthis section if this subparagraph had not been applied.\n ``(II) The Secretary shall reduce the amount of Federal Pell Grant \nassistance the student is eligible to receive in subsequent academic \nyears by dividing the total amount to be reduced under subclause (I) \nfor the student by the number of years the student received an \nincreased Federal Pell Grant amount under clause (i), and deducting the \nresult from the amount of Federal Pell Grant assistance the student is \neligible to receive under this section for a number of subsequent \nacademic years equal to the number of academic years the student \nreceived an increased Federal Pell Grant amount under clause (i).''.","summary":"st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages.","title":"A bill to provide additional assistance to recipients of Federal Pell Grants who are pursuing programs of study in engineering, mathematics, science, or foreign languages.","text_len":5557,"sum_len":323} {"bill_id":"113_s250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Corporate Tax Dodging Prevention \nAct''.\n\nSEC. 2. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS.\n\n Section 952 of the Internal Revenue Code of 1986 is amended by \nadding at the end the following new subsection:\n ``(d) Special Application of Subpart.--\n ``(1) In general.--For taxable years beginning after \n December 31, 2013, notwithstanding any other provision of this \n subpart, the term `subpart F income' means, in the case of any \n controlled foreign corporation, the income of such corporation \n derived from any foreign country.\n ``(2) Applicable rules.--Rules similar to the rules under \n the last sentence of subsection (a) and subsection (d) shall \n apply to this subsection.''.\n\nSEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE \n INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY \n TAXPAYERS.\n\n (a) In General.--Section 901 of the Internal Revenue Code of 1986 \nis amended by redesignating subsection (n) as subsection (o) and by \ninserting after subsection (m) the following new subsection:\n ``(n) Special Rules Relating to Large Integrated Oil Companies \nWhich Are Dual Capacity Taxpayers.--\n ``(1) General rule.--Notwithstanding any other provision of \n this chapter, any amount paid or accrued by a dual capacity \n taxpayer which is a large integrated oil company to a foreign \n country or possession of the United States for any period shall \n not be considered a tax--\n ``(A) if, for such period, the foreign country or \n possession does not impose a generally applicable \n income tax, or\n ``(B) to the extent such amount exceeds the amount \n (determined in accordance with regulations) which--\n ``(i) is paid by such dual capacity \n taxpayer pursuant to the generally applicable \n income tax imposed by the country or \n possession, or\n ``(ii) would be paid if the generally \n applicable income tax imposed by the country or \n possession were applicable to such dual \n capacity taxpayer.\n Nothing in this paragraph shall be construed to imply \n the proper treatment of any such amount not in excess \n of the amount determined under subparagraph (B).\n ``(2) Dual capacity taxpayer.--For purposes of this \n subsection, the term `dual capacity taxpayer' means, with \n respect to any foreign country or possession of the United \n States, a person who--\n ``(A) is subject to a levy of such country or \n possession, and\n ``(B) receives (or will receive) directly or \n indirectly a specific economic benefit (as determined \n in accordance with regulations) from such country or \n possession.\n ``(3) Generally applicable income tax.--For purposes of \n this subsection--\n ``(A) In general.--The term `generally applicable \n income tax' means an income tax (or a series of income \n taxes) which is generally imposed under the laws of a \n foreign country or possession on income derived from \n the conduct of a trade or business within such country \n or possession.\n ``(B) Exceptions.--Such term shall not include a \n tax unless it has substantial application, by its terms \n and in practice, to--\n ``(i) persons who are not dual capacity \n taxpayers, and\n ``(ii) persons who are citizens or \n residents of the foreign country or possession.\n ``(4) Large integrated oil company.--For purposes of this \n subsection, the term `large integrated oil company' means, with \n respect to any taxable year, an integrated oil company (as \n defined in section 291(b)(4)) which--\n ``(A) had gross receipts in excess of \n $1,000,000,000 for such taxable year, and\n ``(B) has an average daily worldwide production of \n crude oil of at least 500,000 barrels for such taxable \n year.''.\n (b) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to taxes paid or accrued in taxable years beginning after \n the date of the enactment of this Act.\n (2) Contrary treaty obligations upheld.--The amendments \n made by this section shall not apply to the extent contrary to \n any treaty obligation of the United States.\n\nSEC. 4. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT.\n\n (a) In General.--Subsection (a) of section 904 of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(a) Limitation.--The amount of the credit in respect of the tax \npaid or accrued to any foreign country or possession of the United \nStates shall not exceed the same proportion of the tax against which \nsuch credit is taken which the taxpayer's taxable income from sources \nwithin such country or possession (but not in excess of the taxpayer's \nentire taxable income) bears to such taxpayer's entire taxable income \nfor the same taxable year.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2013.\n\nSEC. 5. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE \n UNITED STATES AS DOMESTIC CORPORATIONS.\n\n (a) In General.--Section 7701 of the Internal Revenue Code of 1986 \nis amended by redesignating subsection (p) as subsection (q) and by \ninserting after subsection (o) the following new subsection:\n ``(p) Certain Corporations Managed and Controlled in the United \nStates Treated as Domestic for Income Tax.--\n ``(1) In general.--Notwithstanding subsection (a)(4), in \n the case of a corporation described in paragraph (2) if--\n ``(A) the corporation would not otherwise be \n treated as a domestic corporation for purposes of this \n title, but\n ``(B) the management and control of the corporation \n occurs, directly or indirectly, primarily within the \n United States,\n then, solely for purposes of chapter 1 (and any other provision \n of this title relating to chapter 1), the corporation shall be \n treated as a domestic corporation.\n ``(2) Corporation described.--\n ``(A) In general.--A corporation is described in \n this paragraph if--\n ``(i) the stock of such corporation is \n regularly traded on an established securities \n market, or\n ``(ii) the aggregate gross assets of such \n corporation (or any predecessor thereof), \n including assets under management for \n investors, whether held directly or indirectly, \n at any time during the taxable year or any \n preceding taxable year is $50,000,000 or more.\n ``(B) General exception.--A corporation shall not \n be treated as described in this paragraph if--\n ``(i) such corporation was treated as a \n corporation described in this paragraph in a \n preceding taxable year,\n ``(ii) such corporation--\n ``(I) is not regularly traded on an \n established securities market, and\n ``(II) has, and is reasonably \n expected to continue to have, aggregate \n gross assets (including assets under \n management for investors, whether held \n directly or indirectly) of less than \n $50,000,000, and\n ``(iii) the Secretary grants a waiver to \n such corporation under this subparagraph.\n ``(C) Exception from gross assets test.--\n Subparagraph (A)(ii) shall not apply to a corporation \n which is a controlled foreign corporation (as defined \n in section 957) and which is a member of an affiliated \n group (as defined section 1504, but determined without \n regard to section 1504(b)(3)) the common parent of \n which--\n ``(i) is a domestic corporation (determined \n without regard to this subsection), and\n ``(ii) has substantial assets (other than \n cash and cash equivalents and other than stock \n of foreign subsidiaries) held for use in the \n active conduct of a trade or business in the \n United States.\n ``(3) Management and control.--\n ``(A) In general.--The Secretary shall prescribe \n regulations for purposes of determining cases in which \n the management and control of a corporation is to be \n treated as occurring primarily within the United \n States.\n ``(B) Executive officers and senior management.--\n Such regulations shall provide that--\n ``(i) the management and control of a \n corporation shall be treated as occurring \n primarily within the United States if \n substantially all of the executive officers and \n senior management of the corporation who \n exercise day-to-day responsibility for making \n decisions involving strategic, financial, and \n operational policies of the corporation are \n located primarily within the United States, and\n ``(ii) individuals who are not executive \n officers and senior management of the \n corporation (including individuals who are \n officers or employees of other corporations in \n the same chain of corporations as the \n corporation) shall be treated as executive \n officers and senior management if such \n individuals exercise the day-to-day \n responsibilities of the corporation described \n in clause (i).\n ``(C) Corporations primarily holding investment \n assets.--Such regulations shall also provide that the \n management and control of a corporation shall be \n treated as occurring primarily within the United States \n if--\n ``(i) the assets of such corporation \n (directly or indirectly) consist primarily of \n as sets being managed on behalf of investors, \n and\n ``(ii) decisions about how to invest the \n assets are made in the United States.''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning on or after the date which is 2 years \nafter the date of the enactment of this Act.","summary":"Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of US corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to US tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for US tax purposes.","title":"Corporate Tax Dodging Prevention Act","text_len":12186,"sum_len":604} {"bill_id":"115_hr5327","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Opioid Recovery \nCenters Act of 2018''.\n\nSEC. 2. COMPREHENSIVE OPIOID RECOVERY CENTERS.\n\n (a) In General.--Part D of title V of the Public Health Service Act \nis amended by adding at the end the following new section:\n\n``SEC. 550. COMPREHENSIVE OPIOID RECOVERY CENTERS.\n\n ``(a) In General.--The Secretary shall award grants on a \ncompetitive basis to eligible entities to establish or operate a \ncomprehensive opioid recovery center (referred to in this section as a \n`Center').\n ``(b) Grant Period.--\n ``(1) In general.--A grant awarded under subsection (a) \n shall be for a period not less than 3 years and not more than 5 \n years.\n ``(2) Renewal.--A grant awarded under subsection (a) may be \n renewed, on a competitive basis, for additional periods of \n time, as determined by the Secretary. In determining whether to \n renew a grant under this paragraph, the Secretary shall \n consider the data submitted under subsection (h).\n ``(c) Minimum Number of Centers.--The Secretary shall allocate the \namounts made available under subsection (i) in such amounts that not \nfewer than 10 Centers will be established across the United States.\n ``(d) Application.--In order to be eligible for a grant under \nsubsection (a), an entity shall submit an application to the Secretary \nat such time and in such manner as the Secretary may require. Such \napplication shall include--\n ``(1) evidence that such entity carries out, or is capable \n of coordinating with other entities to carry out, the \n activities described in subsection (g); and\n ``(2) such other information as the Secretary may require.\n ``(e) Priority.--In awarding grants under subsection (a), the \nSecretary shall give priority to eligible entities located in a State \nor Indian country (as defined in section 1151 of title 18, United \nStates Code)--\n ``(1) with a high per capita drug overdose mortality rate, \n as determined by the Director of the Centers for Disease \n Control and Prevention; or\n ``(2) based on any other criteria or need, as determined by \n the Secretary.\n ``(f) Use of Grant Funds.--An eligible entity awarded a grant under \nsubsection (a) shall use the grant funds to establish or operate a \nCenter to carry out the activities described in subsection (g).\n ``(g) Center Activities and Services.--Each Center shall, at a \nminimum, carry out the activities described in this subsection. In the \ncase of a Center that determines that a service described in paragraph \n(2) cannot reasonably be carried out by the Center, such Center shall \ncontract with such other entities as may be necessary to ensure that \npatients have access to the full range of services described in such \nparagraph.\n ``(1) Community outreach.--Each Center shall carry out the \n following outreach activities:\n ``(A) Train and supervise outreach staff to work \n with schools, workplaces, faith-based organizations, \n State and local health departments, law enforcement, \n and first responders to ensure that such institutions \n are aware of the services of the Center.\n ``(B) Disseminate and make available online \n evidence-based resources that educate professionals and \n the public on opioid use disorder and other substance \n use disorders.\n ``(2) Treatment and recovery services.--Each Center shall \n provide the following treatment and recovery services:\n ``(A) Ensure that intake evaluations meet the \n clinical needs of patients.\n ``(B) Periodically conduct patient assessments to \n ensure continued and meaningful recovery, as defined by \n the Assistant Secretary for Mental Health and Substance \n Use.\n ``(C) Provide the full continuum of treatment \n services, including--\n ``(i) all drugs approved under section 505 \n of the Federal Food, Drug, and Cosmetic Act and \n all biological products licensed under section \n 351 of this Act, including methadone, to treat \n substance use disorders, including opioid use \n disorder and alcohol use disorder;\n ``(ii) withdrawal management, which shall \n include medically supervised detoxification \n that includes patient evaluation, \n stabilization, and readiness for and entry into \n treatment;\n ``(iii) counseling and case management, \n including counseling and recovery services for \n any possible co-occurring mental illness;\n ``(iv) residential rehabilitation;\n ``(v) recovery housing;\n ``(vi) community-based and peer recovery \n support services;\n ``(vii) job training and placement \n assistance to support reintegration into the \n workforce; and\n ``(viii) other best practices, as \n determined by the Secretary.\n ``(D) Administer an onsite pharmacy and provide \n toxicology services.\n ``(E) Establish and operate a secure and \n confidential electronic health information system.\n ``(F) Offer family support services such as child \n care, family counseling, and parenting interventions to \n help stabilize families impacted by substance use \n disorder.\n ``(h) Data Reporting and Program Oversight.--With respect to a \ngrant awarded under subsection (a) to an eligible entity for a Center, \nnot later than 90 days after the end of the first year of the grant \nperiod, and annually thereafter for the duration of the grant period \n(including the duration of any renewal period for such grant), the \nentity shall submit data, as appropriate, to the Secretary regarding--\n ``(1) the programs and activities funded by the grant;\n ``(2) health outcomes of individuals with a substance use \n disorder who received services from the Center;\n ``(3) the effectiveness of interventions designed, tested, \n and evaluated by the Center; and\n ``(4) any other information that the Secretary may require \n for the purpose of--\n ``(A) evaluating the effectiveness of the Center; \n and\n ``(B) ensuring that the Center is complying with \n all the requirements of the grant, including providing \n the full continuum of services described in subsection \n (g)(2)(C) and providing drugs and devices for overdose \n reversal under such subsection.\n ``(i) Authorization of Appropriations.--There is authorized to be \nappropriated $10,000,000 for each of fiscal years 2019 through 2023 for \npurposes of carrying out this section.''.\n (b) Reports to Congress.--\n (1) Preliminary report.--Not later than 3 years after the \n date of the enactment of this Act, the Secretary of Health and \n Human Services shall submit to Congress a preliminary report \n that analyzes data submitted under section 550(h) of the Public \n Health Service Act, as added by subsection (a).\n (2) Final report.--Not later than 1 year after submitting \n the preliminary report required under paragraph (1), the \n Secretary of Health and Human Services shall submit to Congress \n a final report that includes--\n (A) an evaluation of the effectiveness of \n comprehensive opioid recovery centers established or \n operated pursuant to section 550 of the Public Health \n Service Act, as added by subsection (a);\n (B) recommendations on whether the grant program \n established under such section 550 should be \n reauthorized and expanded; and\n (C) standards and best practices for the treatment \n of substance use disorders, as identified through such \n grant program.\n\n Passed the House of Representatives June 12, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Comprehensive Opioid Recovery Centers Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to award grants to establish or operate comprehensive opioid recovery centers. Priority for grants must be given to entities located in states or Indian country with a high per capita drug overdose mortality rate. Each center must carry out specified outreach activities and specified treatment and recovery services.","title":"Comprehensive Opioid Recovery Centers Act of 2018","text_len":9004,"sum_len":469} {"bill_id":"115_hr5716","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commit to Opioid Medical Prescriber \nAccountability and Safety for Seniors Act'' or the ``COMPASS Act''.\n\nSEC. 2. MEDICARE NOTIFICATIONS TO OUTLIER PRESCRIBERS OF OPIOIDS.\n\n Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w-\n104(c)(4)) is amended by adding at the end the following new paragraph:\n ``(D) Outlier prescriber notification.--\n ``(i) Notification.--Beginning not later \n than two years after the date of the enactment \n of this subparagraph, the Secretary shall, in \n the case of a prescriber identified by the \n Secretary under clause (ii) to be an outlier \n prescriber of opioids, provide, subject to \n clause (iv), an annual notification to such \n prescriber that such prescriber has been so \n identified and that includes resources on \n proper prescribing methods and other \n information specified in accordance with clause \n (iii).\n ``(ii) Identification of outlier \n prescribers of opioids.--\n ``(I) In general.--The Secretary \n shall, subject to subclause (III), \n using the valid prescriber National \n Provider Identifiers included pursuant \n to subparagraph (A) on claims for \n covered part D drugs for part D \n eligible individuals enrolled in \n prescription drug plans under this part \n or MA-PD plans under part C and based \n on the threshold established under \n subclause (II), conduct an analysis to \n identify prescribers that are outlier \n opioid prescribers for a period \n specified by the Secretary.\n ``(II) Establishment of \n threshold.--For purposes of subclause \n (I) and subject to subclause (III), the \n Secretary shall, after consultation \n with stakeholders, establish a \n threshold, based on prescriber \n specialty and geographic area, for \n identifying whether a prescriber in a \n specialty and geographic area is an \n outlier prescriber of opioids as \n compared to other prescribers of \n opioids within such specialty and area.\n ``(III) Exclusions.--The Secretary \n may exclude the following individuals \n and prescribers from the analysis under \n this clause:\n ``(aa) Individuals \n receiving hospice services.\n ``(bb) Individuals with a \n cancer diagnosis.\n ``(cc) Prescribers who are \n the subject of an investigation \n by the Centers for Medicare & \n Medicaid Services or the Office \n of Inspector General of the \n Department of Health and Human \n Services.\n ``(iii) Contents of notification.--The \n Secretary shall, based on input from \n stakeholders, specify the resources and other \n information to be included in notifications \n provided under clause (i).\n ``(iv) Modifications and expansions.--\n ``(I) Frequency.--Beginning 5 years \n after the date of the enactment of this \n subparagraph, the Secretary may change \n the frequency of the notifications \n described in clause (i) based on \n stakeholder input.\n ``(II) Expansion to other \n prescriptions.--The Secretary may \n expand notifications under this \n subparagraph to include identifications \n and notifications with respect to \n concurrent prescriptions of covered \n Part D drugs used in combination with \n opioids that are considered to have \n adverse side effects when so used in \n such combination, as determined by the \n Secretary.\n ``(v) Opioids defined.--For purposes of \n this subparagraph, the term `opioids' has such \n meaning as specified by the Secretary through \n program instruction or otherwise.''.\n ","summary":"Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act or the COMPASS Act This bill requires the Centers for Medicare amp. Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area, (2) use National Provider Identifiers to identify outlier prescribers. And (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids.","title":"Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act","text_len":5954,"sum_len":872} {"bill_id":"105_s696","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Peacekeeping Reform \nAct of 1997''.\n\nSEC. 2 LIMITATION ON THE USE OF FUNDS FOR UNITED NATIONS PEACEKEEPING \n ACTIVITIES.\n\n (a) Limitation.--Notwithstanding any other provision of law, none \nof the funds made available to the Department of State under the \naccount ``Contributions for International Peacekeeping Activities'' or \nany other funds made available to the Department of State under any law \nto pay for assessed or voluntary contributions to United Nations \npeacekeeping activities shall be available for obligation or \nexpenditure to the United Nations to establish, expand in size, or \nmodify in mission a United Nations peacekeeping operations unless, with \nrespect to such peacekeeping operation--\n (1) the President submits a certification to the \n appropriate congressional committees under subsection (c); and\n (2) except as provided in paragraph (b), the President has \n notified the appropriate congressional committees of the intent \n to support the establishment of the peacekeeping operation at \n least 15 days before any vote in the Security Council to \n establish, expand, or modify such operation. The notification \n shall include the following:\n (A) A cost assessment of such action (including the \n total estimated cost and the United States share of \n such cost).\n (B) Identification of the source of funding for the \n United States share of the costs of the action (whether \n in an annual budget request, reprogramming \n notification, a rescission of funds, a budget \n amendment, or a supplemental budget request.\n (b) Presidential Determination of Existence of Emergency.--If the \nPresident determines that an emergency exists which prevented \nsubmission of the 15-day advance notification specified in paragraph \n(a) and that the proposed action is in the direct national security \ninterests of the United States, the notification described in paragraph \n(a) shall be provided in a timely manner but no later than 48 hours \nafter the vote by the Security Council.\n (c) Certification to Congress.--The President shall determine and \ncertify to the Congress that the United Nations Peacekeeping operation \ndescribed under paragraph (a) meets the following requirements:\n (1) The operation involves an international conflict in \n which hostilities have ceased and all significant parties to \n the conflict agree to the imposition of United Nations \n peacekeeping forces for the purpose of seeking an enduring \n solution to the conflict.\n (2) With respect to any assessed contribution to such \n United Nations peacekeeping activity, the percentage of the \n United States assessed share for the total cost of the \n operation is no greater than the percentage of the United \n States assessed share for the regular United Nations budget.\n (3) In the event that the provision of United States \n intelligence information involving sensitive sources and \n methods on intelligence gathering is planned to be provided to \n the United Nations to support the operation, adequate measures \n have been taken by the United Nations to protect such \n information.\n (4) With respect to the participation in the operation of \n units of the United States Armed Forces trained to carry out \n direct combat missions--\n (A) the operation directly advances United States \n national security interests,\n (B) the participation of such units is critical to \n the success of the operation,\n (C) such units will be under the operational \n command and control of the United States Armed Forces, \n and\n (D) any member of the United States Armed Forces \n participating in the operation would have access to the \n full protection of the Geneva Convention Relative to \n the Treatment of Prisoners of War (signed at Geneva, \n August 12, 1949) if captured and held by combatants or \n other parties to the conflict.\n (d) Definitions.--As used in this section:\n (1) the term ``appropriate congressional committees'' means \n the Foreign Relations and Appropriations Committees of the \n Senate and the International Relations and Appropriations \n Committees of the House of Representatives;\n (2) the term ``adequate measures'' refers to the \n implementation of procedures for protecting intelligence \n sources and methods (including protection from release to \n nations and foreign nationals that are otherwise not eligible \n to receive such information) no less stringent than procedures \n maintained by nations with which the United States regularly \n shares similar types of intelligence information, as determined \n by the Director of Central Intelligence upon consultation with \n the Secretary of State and Secretary of Defense; and\n (3) the term ``direct combat'' means engaging an enemy or \n hostile force with individual or crew-served weapons while \n being exposed to direct enemy fire, a high probability of \n direct physical contact with the enemy or hostile force, and a \n substantial risk of capture.","summary":"International Peacekeeping Reform Act of 1997 - Prohibits funds made available to the Department of State under the Contributions for International Peacekeeping Activities Account, or under any law to pay for contributions for United Nations peacekeeping activities, from being available to the United Nations for the establishment, expansion, or modification in mission of a United Nations peacekeeping operation unless the President: (1) makes the certification required by this Act. And (2) notifies the Congress, at least 15 days before any vote by the United Nations Security Council to establish, expand, or modify such operation, of the intent to support the operation. Directs the President to certify that the peacekeeping operation meets the following requirements: (1) the operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations forces to seek an enduring solution to the conflict. (2) the percentage of the US-assessed share of the operation's cost is no greater than the percentage of the share for the regular United Nations budget. (3) adequate measures have been taken by the United Nations to protect sensitive US-supplied intelligence information. And (4) with respect to units of the US armed forces trained to carry out direct combat missions, the operation advances US national security interests, the units are critical to the success of the operation and will be under US command and control, and any armed forces member would be protected by the Geneva Convention Relative to the Treatment of Prisoners of War.","title":"International Peacekeeping Reform Act of 1997","text_len":5690,"sum_len":1642} {"bill_id":"112_s1476","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Workforce Reduction and \nReform Act of 2011''.\n\nSEC. 2. FREEZE ON PAY AND BONUSES OF FEDERAL EMPLOYEES.\n\n (a) Extension of Pay Freeze for Federal Employees to 3 Years.--\nSection 147 of the Continuing Appropriations Act, 2011 (Public Law 111-\n242) is amended--\n (1) in subsection (b)(1), by striking ``December 31, 2012'' \n and inserting ``December 31, 2014''; and\n (2) in subsection (c), by striking ``December 31, 2012'' \n and inserting ``December 31, 2014''.\n (b) 3-Year Freeze on Bonuses.--\n (1) Definitions.--In this subsection--\n (A) the term ``agency'' has the meaning given under \n section 4501(1) of title 5, United States Code; and\n (B) the term ``employee'' has the meaning given \n under section 4501(2) of title 5, United States Code.\n (2) Freeze on bonuses.--Notwithstanding any other provision \n of law, during each of fiscal years 2012, 2013, and 2014, no \n agency may pay any bonus (including any recruitment or \n retention bonus) or any cash award (including any performance-\n based cash award under section 4505a of title 5, United States \n Code, or any similar provision of law) to any employee.\n\nSEC. 3. REDUCTION IN FEDERAL WORKFORCE.\n\n (a) Definitions.--In this section--\n (1) the term ``agency'' means an Executive agency as \n defined under section 105 of title 5, United States Code, \n excluding the Government Accountability Office;\n (2) the term ``Federal employee'' means an employee as \n defined under section 2105 of title 5, United States Code; and\n (3) the term ``total number of Federal employees'' means \n the total number of Federal employees in all agencies.\n (b) Limitation.--The President, through the Office of Management \nand Budget (in consultation with the Office of Personnel Management), \nshall take appropriate measures to ensure that, effective beginning in \nfiscal year 2022, the total number of Federal employees shall not \nexceed 85 percent of the total number of Federal employees on September \n30, 2011.\n (c) Monitoring and Notification.--The Office of Management and \nBudget (in consultation with the Office of Personnel Management)--\n (1) shall continuously monitor all agencies and make a \n determination, as of September 30, 2011, and the last day of \n each quarter of each fiscal year beginning thereafter, as to \n whether or not the total number of Federal employees exceeds \n the maximum number allowable under subsection (b); and\n (2) whenever a determination under paragraph (1) is made \n that the total number of Federal employees exceeds the maximum \n number allowable under subsection (b), shall provide written \n notice to that effect to the President and Congress within 14 \n days after the last day of the quarter to which such \n determination relates.\n (d) Compliance.--Whenever, with respect to the quarter ending on \nSeptember 30, 2021, or any subsequent quarter, the Office of Management \nand Budget provides written notice under subsection (c)(2) that the \ntotal number of Federal employees exceeds the maximum number allowable \nunder subsection (b), no agency may thereafter appoint any employee to \nfill any vacancy within such agency until the Office of Management and \nBudget provides written notice to the President and Congress of a \ndetermination under subsection (c)(1) that the total number of Federal \nemployees no longer exceeds the maximum number allowable under \nsubsection (b). Any notice under the preceding sentence shall be \nprovided within 14 days after the last day of the quarter to which the \ndetermination relates.\n (e) Waiver.--This section may be waived upon a determination by the \nPresident that--\n (1) the existence of a state of war or other national \n security concern so requires; or\n (2) the existence of an extraordinary emergency threatening \n life, health, public safety, property, or the environment so \n requires.\n (f) Counting Rule.--For purposes of this section, any determination \nof the number of employees in an agency shall be expressed on a full-\ntime equivalent basis.\n (g) Limitation on Procurement of Service Contracts.--The President, \nthrough the Office of Management and Budget (in consultation with the \nOffice of Personnel Management), shall take appropriate measures to \nensure that there is no increase in the procurement of service \ncontracts by reason of the enactment of this section, except in cases \nin which a cost comparison demonstrates that such contracts would be to \nthe financial advantage of the Government.\n (h) Regulations.--Any regulations necessary to carry out this \nsection may be prescribed by the President or his designee.\n\nSEC. 4. REDUCTION IN CONTRACT EMPLOYEES.\n\n (a) Definitions.--In this section, the term ``agency'' means an \nExecutive agency as defined under section 105 of title 5, United States \nCode, excluding the Government Accountability Office.\n (b) Limitation.--The President, through the Office of Management \nand Budget (in consultation with the Office of Personnel Management), \nshall take appropriate measures to ensure that, effective beginning in \nfiscal year 2022, the total number of contract employees shall not \nexceed 85 percent of the total number of contract employees on \nSeptember 30, 2011.\n (c) Monitoring and Notification.--The Office of Management and \nBudget (in consultation with the Office of Personnel Management)--\n (1) shall continuously monitor all agencies and make a \n determination, as of September 30, 2011, and the last day of \n each quarter of each fiscal year beginning thereafter, as to \n whether or not the total number of contract employees exceeds \n the maximum number allowable under subsection (b); and\n (2) whenever a determination under paragraph (1) is made \n that the total number of contract employees exceeds the maximum \n number allowable under subsection (b), shall provide written \n notice to that effect to the President and Congress within 14 \n days after the last day of the quarter to which such \n determination relates.\n (d) Compliance.--Whenever, with respect to the quarter ending on \nSeptember 30, 2021, or any subsequent quarter, the Office of Management \nand Budget provides written notice under subsection (c)(2) that the \ntotal number of contract employees exceeds the maximum number allowable \nunder subsection (b), no agency may thereafter appoint any employee to \nfill any vacancy within such agency until the Office of Management and \nBudget provides written notice to the President and Congress of a \ndetermination under subsection (c)(1) that the total number of contract \nemployees no longer exceeds the maximum number allowable under \nsubsection (b). Any notice under the preceding sentence shall be \nprovided within 14 days after the last day of the quarter to which the \ndetermination relates.\n (e) Waiver.--This section may be waived upon a determination by the \nPresident that--\n (1) the existence of a state of war or other national \n security concern so requires; or\n (2) the existence of an extraordinary emergency threatening \n life, health, public safety, property, or the environment so \n requires.\n (f) Counting Rule.--For purposes of this section, any determination \nof the number of contact employees shall be expressed on a full-time \nequivalent basis.\n (g) Regulations.--Any regulations necessary to carry out this \nsection may be prescribed by the President or his designee.\n\nSEC. 5. LIMITATION OF GOVERNMENT TRAVEL COSTS.\n\n (a) Definition.--In this section, the term ``agency''--\n (1) has the meaning given under section 5701(1) of title 5, \n United States Code; and\n (2) does not include the Department of Defense.\n (b) Limitation.--\n (1) In general.--Notwithstanding any other provision of \n law, the total amount which is paid or reimbursed by an agency \n under subchapter I of chapter 57 of title 5, United States Code \n (relating to travel and subsistence expenses; mileage \n allowances for official travel by Federal employees) may not--\n (A) for each of fiscal years 2012 and 2013, exceed \n 50 percent of the total amount so paid or reimbursed by \n such agency for fiscal year 2011; and\n (B) for fiscal year 2014, exceed 25 percent of the \n total amount so paid or reimbursed by such agency for \n fiscal year 2011.\n (2) Exceptions.--For purposes of carrying out paragraph \n (1), there shall not be taken into account the amounts paid or \n reimbursed for--\n (A) any subsistence or travel expenses for \n threatened law enforcement personnel, as described in \n section 5706a of title 5, United States Code; or\n (B) any other expenses for which an exception is \n established under paragraph (3) for reasons relating to \n national security or public safety.\n (3) Regulations.--Any regulations necessary to carry out \n this subsection shall, in consultation with the Director of the \n Office of Management and Budget, be prescribed by the same \n respective authorities as are responsible for prescribing \n regulations under section 5707 of title 5, United States Code.\n (c) Reserve Travel Amount.--\n (1) Definition.--In this subsection, the term ``reserve \n travel amount'' means an amount equal to 10 percent of the \n total amount of appropriations made available to an agency in \n any fiscal year for purposes of payment or reimbursement by \n that agency under subchapter I of chapter 57 of title 5, United \n States Code (relating to travel and subsistence expenses; \n mileage allowances for official travel by Federal employees).\n (2) Requirement.--For each of fiscal years 2012 through \n 2014, each agency shall have a reserve travel amount available \n for expenditure or obligation on September 1 of each such \n fiscal year for purposes of payment or reimbursement by that \n agency under subchapter I of chapter 57 of title 5, United \n States Code (relating to travel and subsistence expenses; \n mileage allowances for official travel by Federal employees).","summary":"Federal Workforce Reduction and Reform Act of 2011 - Amends the Continuing Appropriations Act, 2011, to extend the freeze on statutory pay adjustments for federal civilian employees and increases in the rates of basic pay for senior executives or senior-level employees through December 31, 2014. Prohibits agencies from paying bonuses or cash awards to employees during FY2012-FY2014. Requires the Office of Management and Budget (OMB) to: (1) take appropriate measures to ensure that the total number of federal employees or contract employees, beginning in FY2022, does not exceed 85 of the total number of federal employees on September 30, 2011. (2) continuously monitor all agencies, make a determination on whether the total number of federal employees in any quarter of a fiscal year exceeds the maximum number allowed by this Act, and notify the President and Congress if the number exceeds the maximum. And (3) ensure that there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Prohibits a federal agency from filling any vacancy until OMB provides written notice to the President and Congress that the number of federal or contract employees does not exceed the limitation imposed by this Act. Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state or war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Imposes limitations on the amount allowed for the reimbursement of travel costs incurred by federal employees in FY2012-FY2014 unless such expenses are incurred by threatened law enforcement personnel or for reasons relating to national security or public safety.","title":"A bill to reduce the size of the Federal workforce and Federal employee cost relating to pay, bonuses, and travel.","text_len":10846,"sum_len":1915} {"bill_id":"108_s546","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Paleontological Resources \nPreservation Act''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Casual collecting.--The term ``casual collecting'' \n means the collecting of a reasonable amount of common \n invertebrate and plant paleontological resources for non-\n commercial personal use, either by surface collection or the \n use of non-powered hand tools resulting in only negligible \n disturbance to the Earth's surface and other resources. As used \n in this paragraph, the terms ``reasonable amount'', ``common \n invertebrate and plant paleontological resources'' and \n ``negligible disturbance'' shall be determined by the \n Secretary.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior with respect to lands controlled or \n administered by the Secretary of the Interior or the Secretary \n of Agriculture with respect to National Forest System Lands \n controlled or administered by the Secretary of Agriculture.\n (3) Federal lands.--The term ``Federal lands'' means--\n (A) lands controlled or administered by the \n Secretary of the Interior, except Indian lands; or\n (B) National Forest System lands controlled or \n administered by the Secretary of Agriculture.\n (4) Indian lands.--The term ``Indian Land'' means lands of \n Indian tribes, or Indian individuals, which are either held in \n trust by the United States or subject to a restriction against \n alienation imposed by the United States.\n (5) State.--The term ``State'' means the fifty States, the \n District of Columbia, the Commonwealth of Puerto Rico, and any \n other territory or possession of the United States.\n (6) Paleontological resource.--The term ``paleontological \n resource'' means any fossilized remains, traces, or imprints of \n organisms, preserved in or on the earth's crust, that are of \n paleontological interest and that provide information about the \n history of life on earth, except that the term does not \n include--\n (A) any materials associated with an archaeological \n resource (as defined in section 3(1) of the \n Archaeological Resources Protection Act of 1979 (16 \n U.S.C. 470bb(1)); or\n (B) any cultural item (as defined in section 2 of \n the Native American Graves Protection and Repatriation \n Act (25 U.S.C. 3001)).\n\nSEC. 3. MANAGEMENT.\n\n (a) In General.--The Secretary shall manage and protect \npaleontological resources on Federal lands using scientific principles \nand expertise. The Secretary shall develop appropriate plans for \ninventory, monitoring, and the scientific and educational use of \npaleontological resources, in accordance with applicable agency laws, \nregulations, and policies. These plans shall emphasize interagency \ncoordination and collaborative efforts where possible with non-Federal \npartners, the scientific community, and the general public.\n (b) Coordination.--To the extent possible, the Secretary of the \nInterior and the Secretary of Agriculture shall coordinate in the \nimplementation of this Act.\n\nSEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM.\n\n The Secretary shall establish a program to increase public \nawareness about the significance of paleontological resources.\n\nSEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES.\n\n (a) Permit Requirement.--\n (1) In general.--Except as provided in this Act, a \n paleontological resource may not be collected from Federal \n lands without a permit issued under this Act by the Secretary.\n (2) Casual collecting exception.--The Secretary may allow \n casual collecting without a permit on Federal lands controlled \n or administered by the Bureau of Land Management, the Bureau of \n Reclamation, and the Forest Service, where such collection is \n consistent with the laws governing the management of those \n Federal lands and this Act.\n (3) Previous permit exception.--Nothing in this section \n shall affect a valid permit issued prior to the date of \n enactment of this Act.\n (b) Criteria for Issuance of a Permit.--The Secretary may issue a \npermit for the collection of a paleontological resource pursuant to an \napplication if the Secretary determines that--\n (1) the applicant is qualified to carry out the permitted \n activity;\n (2) the permitted activity is undertaken for the purpose of \n furthering paleontological knowledge or for public education;\n (3) the permitted activity is consistent with any \n management plan applicable to the Federal lands concerned; and\n (4) the proposed methods of collecting will not threaten \n significant natural or cultural resources.\n (c) Permit Specifications.--A permit for the collection of a \npaleontological resource issued under this section shall contain such \nterms and conditions as the Secretary deems necessary to carry out the \npurposes of this Act. Every permit shall include requirements that--\n (1) the paleontological resource that is collected from \n Federal lands under the permit will remain the property of the \n United States;\n (2) the paleontological resource and copies of associated \n records will be preserved for the public in an approved \n repository, to be made available for scientific research and \n public education; and\n (3) specific locality data will not be released by the \n permittee or repository without the written permission of the \n Secretary.\n (d) Modification, Suspension, and Revocation of Permits.--\n (1) The Secretary may modify, suspend, or revoke a permit \n issued under this section--\n (A) for resource, safety, or other management \n considerations; or\n (B) when there is a violation of term or condition \n of a permit issued pursuant to this section.\n (2) The permit shall be revoked if any person working under \n the authority of the permit is convicted under section 9 or is \n assessed a civil penalty under section 10.\n (e) Area Closures.--In order to protect paleontological or other \nresources and to provide for public safety, the Secretary may restrict \naccess to or close areas under the Secretary's jurisdiction to the \ncollection of paleontological resources.\n\nSEC. 6. CURATION OF RESOURCES.\n\n Any paleontological resource, and any data and records associated \nwith the resource, collected under a permit, shall be deposited in an \napproved repository. The Secretary may enter into agreements with non-\nFederal repositories regarding the curation of these resources, data, \nand records.\n\nSEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES.\n\n (a) In General.--A person may not--\n (1) excavate, remove, damage, or otherwise alter or deface \n or attempt to excavate, remove, damage, or otherwise alter or \n deface any paleontological resources located on Federal lands \n unless such activity is conducted in accordance with this Act;\n (2) exchange, transport, export, receive, or offer to \n exchange, transport, export, or receive any paleontological \n resource if, in the exercise of due care, the person knew or \n should have known such resource to have been excavated or \n removed from Federal lands in violation of any provisions, \n rule, regulation, law, ordinance, or permit in effect under \n Federal law, including this Act; or\n (3) sell or purchase or offer to sell or purchase any \n paleontological resource if, in the exercise of due care, the \n person knew or should have known such resource to have been \n excavated, removed, sold, purchased, exchanged, transported, or \n received from Federal lands.\n (b) False Labeling Offenses.--A person may not make or submit any \nfalse record, account, or label for, or any false identification of, \nany paleontological resource excavated or removed from Federal lands.\n (c) Penalties.--A person who knowingly violates or counsels, \nprocures, solicits, or employs another person to violate subsection (a) \nor (b) shall, upon conviction, be fined in accordance with title 18, \nUnited States Code, or imprisoned not more than 10 years, or both; but \nif the sum of the commercial and paleontological value of the \npaleontological resources involved and the cost of restoration and \nrepair of such resources does not exceed $500, such person shall be \nfined in accordance with title 18, United States Code, or imprisoned \nnot more than one year, or both.\n (d) General Exception.--Nothing in subsection (a) shall apply to \nany person with respect to any paleontological resource which was in \nthe lawful possession of such person prior to the date of the enactment \nof this Act.\n\nSEC. 8. CIVIL PENALTIES.\n\n (a) In General.--\n (1) Hearing.--A person who violates any prohibition \n contained in an applicable regulation or permit issued under \n this Act may be assessed a penalty by the Secretary after the \n person is given notice and opportunity for a hearing with \n respect to the violation. Each violation shall be considered a \n separate offense for purposes of this section.\n (2) Amount of penalty.--The amount of such penalty assessed \n under paragraph (1) shall be determined under regulations \n promulgated pursuant to this Act, taking into account the \n following factors:\n (A) The scientific or fair market value, whichever \n is greater, of the paleontological resource involved, \n as determined by the Secretary.\n (B) The cost of response, restoration, and repair \n of the resource and the paleontological site involved.\n (C) Any other factors considered relevant by the \n Secretary assessing the penalty.\n (3) Multiple offenses.--In the case of a second or \n subsequent violation by the same person, the amount of a \n penalty assessed under paragraph (2) may be doubled.\n (4) Limitation.--The amount of any penalty assessed under \n this subsection for any one violation shall not exceed an \n amount equal to double the cost of response, restoration, and \n repair of resources and paleontological site damage plus double \n the scientific or fair market value of resources destroyed or \n not recovered.\n (b) Petition for Judicial Review; Collection of Unpaid \nAssessments.--\n (1) Judicial review.--Any person against whom an order is \n issued assessing a penalty under subsection (a) may file a \n petition for judicial review of the order in the United States \n District Court for the District of Columbia or in the district \n in which the violation is alleged to have occurred within the \n 30-day period beginning on the date the order making the \n assessment was issued. Upon notice of such filing, the \n Secretary shall promptly file such a certified copy of the \n record on which the order was issued. The court shall hear the \n action on the record made before the Secretary and shall \n sustain the action if it is supported by substantial evidence \n on the record considered as a whole.\n (2) Failure to pay.--If any person fails to pay a penalty \n under this section within 30 days--\n (A) after the order making assessment has become \n final and the person has not filed a petition for \n judicial review of the order in accordance with \n paragraph (1); or\n (B) after a court in an action brought in paragraph \n (1) has entered a final judgment upholding the \n assessment of the penalty,\n the Secretary may request the Attorney General to institute a \n civil action in a district court of the United States for any \n district in which the person if found, resides, or transacts \n business, to collect the penalty (plus interest at currently \n prevailing rates from the date of the final order or the date \n of the final judgment, as the case may be). The district court \n shall have jurisdiction to hear and decide any such action. In \n such action, the validity, amount, and appropriateness of such \n penalty shall not be subject to review. Any person who fails to \n pay on a timely basis the amount of an assessment of a civil \n penalty as described in the first sentence of this paragraph \n shall be required to pay, in addition to such amount and \n interest, attorneys fees and costs for collection proceedings.\n (c) Hearings.--Hearings held during proceedings instituted under \nsubsection (a) shall be conducted in accordance with section 554 of \ntitle 5, United States Code.\n (d) Use of Recovered Amounts.--Penalties collected under this \nsection shall be available to the Secretary and without further \nappropriation may be used only as follows:\n (1) To protect, restore, or repair the paleontological \n resources and sites which were the subject of the action, or to \n acquire sites with equivalent resources, and to protect, \n monitor, and study the resources and sites. Any acquisition \n shall be subject to any limitations contained in the organic \n legislation for such Federal lands.\n (2) To provide educational materials to the public about \n paleontological resources and sites.\n (3) To provide for the payment of rewards as provided in \n section 11.\n\nSEC. 9. REWARDS AND FORFEITURE.\n\n (a) Rewards.--The Secretary may pay from penalties collected under \nsection 9 or 10--\n (1) consistent with amounts established in regulations by \n the Secretary; or\n (2) if no such regulation exists, an amount equal to the \n lesser of one-half of the penalty or $500,\nto any person who furnishes information which leads to the finding of a \ncivil violation, or the conviction of criminal violation, with respect \nto which the penalty was paid. If several persons provided the \ninformation, the amount shall be divided among the persons. No officer \nor employee of the United States or of any State or local government \nwho furnishes information or renders service in the performance of his \nofficial duties shall be eligible for payment under this subsection.\n (b) Forfeiture.--All paleontological resources with respect to \nwhich a violation under section 9 or 10 occurred and which are in the \npossession of any person, and all vehicles and equipment of any person \nthat were used in connection with the violation, shall be subject to \ncivil forfeiture, or upon conviction, to criminal forfeiture. All \nprovisions of law relating to the seizure, forfeiture, and condemnation \nof property for a violation of this Act, the disposition of such \nproperty or the proceeds from the sale thereof, and remission or \nmitigation of such forfeiture, as well as the procedural provisions of \nchapter 46 of title 18, United States Code, shall apply to the seizures \nand forfeitures incurred or alleged to have incurred under the \nprovisions of this Act.\n (c) Transfer of Seized Resources.--The Secretary may transfer \nadministration of seized paleontological resources to Federal or non-\nFederal educational institutions to be used for scientific or \neducational purposes.\n\nSEC. 10. CONFIDENTIALITY.\n\n Information concerning the nature and specific location of a \npaleontological resource the collection of which requires a permit \nunder this Act or under any other provision of Federal law shall be \nexempt from disclosure under section 552 of title 5, United States \nCode, and any other law unless the Secretary determines that disclosure \nwould--\n (1) further the purposes of this Act;\n (2) not create risk of harm to or theft or destruction of \n the resource or the site containing the resource; and\n (3) be in accordance with other applicable laws.\n\nSEC. 11. REGULATIONS.\n\n As soon as practical after the date of the enactment of this Act, \nthe Secretary shall issue such regulations as are appropriate to carry \nout this Act, providing opportunities for public notice and comment.\n\nSEC. 12. SAVINGS PROVISIONS.\n\n Nothing in this Act shall be construed to--\n (1) invalidate, modify, or impose any additional \n restrictions or permitting requirements on any activities \n permitted at any time under the general mining laws, the \n mineral or geothermal leasing laws, laws providing for minerals \n materials disposal, or laws providing for the management or \n regulation of the activities authorized by the aforementioned \n laws including but not limited to the Federal Land Policy \n Management Act (43 U.S.C. 1701-1784), the Mining in the Parks \n Act, the Surface Mining Control and Reclamation Act of 1977 (30 \n U.S.C. 1201-1358), and the Organic Administration Act (16 \n U.S.C. 478, 482, 551);\n (2) invalidate, modify, or impose any additional \n restrictions or permitting requirements on any activities \n permitted at any time under existing laws and authorities \n relating to reclamation and multiple uses of Federal lands;\n (3) apply to, or require a permit for, casual collecting of \n a rock, mineral, or invertebrate or plant fossil that is not \n protected under this Act;\n (4) affect any lands other than Federal lands or affect the \n lawful recovery, collection, or sale of paleontological \n resources from lands other than Federal lands;\n (5) alter or diminish the authority of a Federal agency \n under any other law to provide protection for paleontological \n resources on Federal lands in addition to the protection \n provided under this Act; or\n (6) create any right, privilege, benefit, or entitlement \n for any person who is not an officer or employee of the United \n States acting in that capacity. No person who is not an officer \n or employee of the United States acting in that capacity shall \n have standing to file any civil action in a court of the United \n States to enforce any provision or amendment made by this Act.\n\nSEC. 13. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.\n\n Passed the Senate July 17, 2003.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Paleontological Resources Preservation Act - Directs the Secretaries of the Interior and Agriculture to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise. And (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act. (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands. (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands. Or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites. (2) to provide educational materials to the public about paleontological resources and sites. And (3) as a reward. Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws. (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands. Or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. Authorizes appropriations.","title":"A bill to provide for the protection of paleontological resources on Federal lands, and for other purposes.","text_len":19431,"sum_len":4647} {"bill_id":"111_hr6493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Curecanti National Recreation Area \nBoundary Establishment Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since 1965, the National Park Service has been co-\n managing the Curecanti National Recreation Area under \n agreements with the Bureau of Reclamation.\n (2) The Curecanti National Recreation Area has never been \n legislatively established.\n (3) Public Law 106-76 directed the National Park Service to \n conduct a study to assess the natural, cultural, recreational, \n and scenic resources within and surrounding Curecanti National \n Recreation Area, and to identify and recommend a variety of \n alternatives and tools to protect those resource values and the \n character of the land.\n (4) The Curecanti National Recreation Area includes an \n abundance of natural, historic, and archeological features in a \n setting of canyons, pinnacles, cliffs, and mesas, offering the \n public opportunities for recreation and reflection within its \n scenic landscape.\n (5) The National Park Service, in cooperation with the \n Bureau of Reclamation, completed the Curecanti Resource \n Protection Study\/EIS, and prepared a Report to Congress, \n October 2009, which recommends that Congress pass enabling \n legislation for the National Recreation Area.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Map.--The term ``map'' means the map entitled ``Map to \n Establish Curecanti National Recreation Area'', numbered 616\/\n 100485, and dated March 5, 2010.\n (2) National recreation area.--The term ``national \n recreation area'' means the Curecanti National Recreation Area, \n established in section 4.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO.\n\n (a) Establishment.--There is established the Curecanti National \nRecreation Area in the State of Colorado, as a unit of the National \nPark System, consisting of approximately 51,830 acres, as generally \ndepicted on the map.\n (b) Conservation Opportunity Area.--There is established a \nconservation opportunity area, consisting of approximately 24,300 \nacres, as generally depicted on the map.\n (c) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the National Park \nService.\n\nSEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA.\n\n (a) In General.--The Secretary shall administer the national \nrecreation area in accordance with this Act, the cooperative agreements \ndescribed in this section, and with laws and regulations generally \napplicable to units of the National Park System, including the National \nPark Service Organic Act (39 Stat. 535, 16 U.S.C. 1).\n (b) Dam, Power Plant, and Reservoir Management and Operations.--\nNothing in this Act shall affect or interfere with the authority of the \nSecretary under--\n (1) the National Reclamation Act (Public Law 57-161; Stat. \n 388), as amended and supplemented, to operate the Uncompahgre \n Valley Reclamation Project; or\n (2) Public Law 84-485, as amended and supplemented, to \n operate the Wayne N. Aspinall Unit of the Colorado River \n Storage Project.\n (c) Cooperative Agreements.--\n (1) In general.--The Secretary may enter into, or modify \n existing, management agreements involving the National Park \n Service, the Bureau of Reclamation, the Bureau of Land \n Management, or the Forest Service to manage Federal lands \n within the boundary of the national recreation area.\n (2) State lands.--The Secretary may enter into cooperative \n management agreements for any lands administered by the State \n of Colorado that are within or adjacent to the national \n recreation area, pursuant to the cooperative management \n authority found in section 802(a) of the National Parks Omnibus \n Management Act of 1998 (Public Law 105-391).\n (d) Recreational Activities.--The Secretary shall allow boating, \nboating-related activities, hunting, and fishing within the national \nrecreation area in accordance with applicable Federal and State laws. \nThe Secretary may designate zones where, and establish periods when, no \nboating, hunting, or fishing shall be permitted for reasons of public \nsafety.\n (e) Conservation Opportunity Area.--Within the boundaries of the \nconservation opportunity area established under this Act, the Secretary \nis authorized to acquire lands, or interests in lands, including \nconservation easements from willing sellers, and to provide technical \nassistance to landowners in order to conserve resources and values \nidentified as important to the national recreation area on lands that \nare outside but adjacent to the national recreation area.\n (f) Withdrawal.--Subject to valid existing rights, all Federal \nlands within the national recreation area are withdrawn from all forms \nof entry, appropriation, or disposal under the public land laws; from \nlocation, entry, and patent under the mining laws; and from disposition \nunder all laws relating to mineral and geothermal leasing, and all \namendments thereto.\n (g) Grazing.--\n (1) State or private lands.--On State or private lands \n acquired for the national recreation area on which authorized \n grazing is occurring on the date of enactment of this Act, the \n Secretary, in consultation with the lessee, may allow the \n continuation of grazing on the land by the lessee at the time \n of acquisition, subject to applicable law (including \n regulations).\n (2) Federal land.--Where grazing is allowed on land that is \n Federal land on the date of the enactment of this section and \n is located within the boundary of the national recreation area, \n the Secretary is authorized to allow the continuation of such \n grazing unless the Secretary determines that grazing would harm \n the resources or values of the national recreation area.\n (3) Termination of leases.--Nothing in this section shall \n prohibit the Secretary from accepting the voluntary termination \n of leases or permits for grazing within the national recreation \n area.\n\nSEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT.\n\n (a) In General.--The Secretary is authorized to acquire from \nwilling sellers lands, or interests in lands, within the boundary of \nthe national recreation area or the conservation opportunity area \nnecessary for effective management of the national recreation area. \nLands acquired within the conservation opportunity area shall be added \nto the national recreation area and the boundary of the national \nrecreation area shall be adjusted accordingly.\n (b) Acquisition.--Lands identified in subsection (a) may be \nacquired by donation, purchase with donated or appropriated funds, \ntransfer from another Federal agency, or exchange. Lands or interests \nin lands owned by the State of Colorado, or a political subdivision \nthereof, may only be acquired by donation or exchange.\n (c) Exchanges.--For purposes of management efficiency and expanded \nrecreational opportunities, the Secretary is authorized to conduct land \nexchanges with the Secretary of Agriculture and between the National \nPark Service and the Bureau of Land Management.\n (d) Transfer of Administrative Jurisdiction.--The Secretary of \nAgriculture and the Bureau of Land Management shall transfer, without \nconsideration, administrative jurisdiction for lands to be added to the \nnational recreation area, as shown on the map, to the National Park \nService. The boundary of the Gunnison National Forest shall be modified \nto reflect the transfer of administrative jurisdiction from the \nSecretary of Agriculture.\n\nSEC. 7. GENERAL MANAGEMENT PLAN.\n\n (a) In General.--Not later than 3 years after the date on which \nfunds are made available to carry out this Act, the National Park \nService, in consultation with the Bureau of Reclamation, shall prepare \na general management plan for the national recreation area.\n (b) Inclusions.--The general management plan shall include, at a \nminimum--\n (1) measures for the preservation of the resources of the \n national recreation area;\n (2) requirements for the type and extent of development and \n use of the national recreation area;\n (3) identification of visitor carrying capacities for the \n national recreation area; and\n (4) opportunities for involvement by the Bureau of \n Reclamation, the Bureau of Land Management, the Forest Service, \n the State of Colorado, and other local and national entities in \n the formulation of educational and recreational programs for \n the national recreation area and for developing and supporting \n the national recreation area.","summary":"Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System. Establishes a conservation opportunity area within the Recreation Area. Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws. Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area.","title":"To establish the boundary of the Curecanti National Recreation Area, and for other purposes.","text_len":9223,"sum_len":513} {"bill_id":"112_hr5801","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unshackling Students to Lead, Excel, \nAct, Develop, and Serve Act of 2012'' or the ``U.S. LEADS Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Outstanding student loan debt will reach one trillion \n dollars this year.\n (2) In 2008, two-thirds of students graduating with a \n bachelor's degree had outstanding student loan debt.\n (3) In 2010, the average debt owed by college graduates \n paying off student loans was $24,000.\n (4) Of all students who graduated with a 4-year degree in \n 2009, only 55.6 percent are working in jobs that require a \n college degree.\n (5) Of all students who graduated with a 4-year degree in \n 2009, 22.4 percent are not working.\n (6) The median student loan debt for students who graduated \n from college between 2006 and 2010 is $20,000.\n (7) Average in-State tuition and fees at public 4-year \n institutions of higher education have risen 8.3 percent between \n the 2010-2011 and 2011-2012 academic years.\n\nSEC. 3. INTEREST-FREE DEFERMENT DURING PERIODS WHEN THE NATIONAL \n UNEMPLOYMENT RATE EXCEEDS 7 PERCENT.\n\n (a) FFEL Subsidized Loan Deferment.--Section 428(b)(1)(M) of the \nHigher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--\n (1) by striking ``or'' at the end of clause (iii);\n (2) by adding ``or'' at the end of clause (iv); and\n (3) by adding at the end the following new clause:\n ``(v) in a case of a borrower who is \n between the ages of 21 and 25, inclusive, and a \n recent college student, as defined in section \n 455(f)(5), with respect to loans made under \n this section to such borrower for a period of \n enrollment during which the borrower was \n pursuing a degree described in subparagraph (A) \n of such section 455(f)(5)--\n ``(I) beginning as soon as \n practicable after the last day of the \n second consecutive month for which the \n Bureau of Labor Statistics of the \n Department of Labor (in this paragraph \n referred to as the `Bureau') publishes \n a national unemployment rate that \n exceeds 7 percent, and ending as soon \n as practicable after the Bureau \n publishes a national unemployment rate \n that is 7 percent or lower, except that \n such period shall not exceed 5 years; \n or\n ``(II) beginning as soon as \n practicable after the last day of the \n second consecutive month for which the \n Bureau publishes a national \n unemployment rate for individuals ages \n 21 through 25 years old that exceeds 9 \n percent, and ending as soon as \n practicable after the Bureau publishes \n a national unemployment rate for such \n individuals that is 9 percent or lower, \n except that such period shall not \n exceed 5 years.''.\n (b) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of \nthe Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is \namended--\n (1) by striking ``or'' at the end of subclause (II);\n (2) by redesignating subclause (III) as subclause (IV);\n (3) by inserting after subclause (II) the following:\n ``(III) in the case of a borrower \n who is between the ages of 21 and 25, \n inclusive, and a recent college \n student, as defined in section \n 455(f)(5), by the Secretary, in the \n case of a consolidation loan made to \n the borrower for a period of enrollment \n during which the borrower was pursuing \n a degree described in subparagraph (A) \n of such section 455(f)(5) and for which \n the application is received on or after \n the date of enactment of the U.S. Leads \n Act, except that in the case of a \n deferral under clause (ii) of section \n 428(b)(1)(M), the Secretary shall pay \n such interest only for a period not in \n excess of 3 years for which a borrower \n would be eligible for such a deferral \n and, in the case of a deferral under \n clause (v) of such section, for a \n period not in excess of 5 years for \n which the borrower would be eligible \n for such a deferral; or''; and\n (4) in subclause (IV) (as so redesignated by this \n subsection), by striking ``(I) or (II)'' and inserting ``(I), \n (II), or (III)''.\n (c) FFEL Unsubsidized Loan Deferment.--\n (1) In general.--Section 428H(e)(2) of the Higher Education \n Act of 1965 (20 U.S.C. 1078-8(e)(2)) is amended--\n (A) in subparagraph (A), by inserting ``Except as \n provided in subparagraph (C)'' before ``Interest on''; \n and\n (B) by adding at the end the following new \n subparagraph:\n ``(C) In the case of a borrower who is between the \n ages of 21 and 25, inclusive, and a recent college \n student, as defined in section 455(f)(5), interest on \n loans made under this section to the borrower for a \n period of enrollment during which the borrower was \n pursuing a degree described in subparagraph (A) of such \n section 455(f)(5) and for which payments are deferred--\n ``(i) under clause (i), (iii), or (iv) of \n section 428(b)(1)(M), for a period of deferment \n granted to such borrower on or after the date \n of enactment of the U.S. Leads Act, shall \n accrue and be paid by the Secretary during any \n period during which the loans are so deferred;\n ``(ii) under clause (ii) of section \n 428(b)(1)(M), for a period of deferment granted \n to such borrower on or after the date of \n enactment of the U.S. Leads Act, shall accrue \n and be paid by the Secretary during any period \n during which the loans are so deferred, not in \n excess of 3 years; and\n ``(iii) under clause (v) of section \n 428(b)(1)(M), for a period of deferment granted \n to such borrower on or after the date of \n enactment of the U.S. Leads Act, shall accrue \n and be paid by the Secretary during any period \n during which the loans are so deferred, not in \n excess of 5 years.''.\n (2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the \n Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is \n amended by inserting ``(other than a deferment under such \n subparagraph granted to a borrower described in section \n 428H(e)(2)(C) on or after the date of enactment of the U.S. \n Leads Act)'' after ``of this paragraph''.\n (d) Direct Loan Deferment.--Section 455(f) of the Higher Education \nAct of 1965 (20 U.S.C. 1087(f)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (A)--\n (i) by striking ``or'' at the end of clause \n (i); and\n (ii) by adding at the end the following:\n ``(iii) Federal Direct Unsubsidized \n Stafford Loan or Federal Direct Consolidation \n Loan made to a borrower for a period of \n enrollment during which the borrower was \n pursuing a degree described in paragraph (5)(A) \n and the borrower is between the ages of 21 and \n 25, inclusive, and a recent college student, as \n defined in paragraph (5); or''; and\n (B) in subparagraph (B)--\n (i) by inserting ``not described in \n subparagraph (A)(iii)'' after ``Unsubsidized \n Stafford Loan''; and\n (ii) by striking ``subparagraph (A)(ii)'' \n and inserting ``clause (ii) or (iii) of \n subparagraph (A)'';\n (2) in paragraph (2)--\n (A) by striking ``or'' at the end of subparagraph \n (C);\n (B) by striking the period at the end of \n subparagraph (D) and inserting ``; or''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(E) in a case of a borrower who is between the \n ages of 21 and 25, inclusive, and a recent college \n student, as defined in paragraph (5), with respect to \n loans made under this part to such borrower for a \n period of enrollment during which the borrower was \n pursuing a degree described in subparagraph (A) of such \n paragraph (5)--\n ``(i) beginning as soon as practicable \n after the last day of the second consecutive \n month for which the Bureau of Labor Statistics \n of the Department of Labor (in this paragraph \n referred to as the `Bureau') publishes a \n national unemployment rate that exceeds 7 \n percent, and ending as soon as practicable \n after the Bureau publishes a national \n unemployment rate that is 7 percent or lower, \n except that such period shall not exceed 5 \n years; or\n ``(ii) beginning as soon as practicable \n after the last day of the second consecutive \n month for which the Bureau publishes a national \n unemployment rate for individuals ages 21 \n through 25 years old that exceeds 9 percent, \n and ending as soon as practicable after the \n Bureau publishes a national unemployment rate \n for such individuals that is 9 percent or \n lower, except that such period shall not exceed \n 5 years.''; and\n (3) by adding at the end the following new paragraph:\n ``(5) Definition of recent college student.--For the \n purpose of this subsection, the term `recent college student' \n means a borrower who--\n ``(A) who has received a baccalaureate degree from \n an institution of higher education within 48 months \n prior to the date of enactment of the U.S. Leads Act; \n and\n ``(B) who has not previously received any such \n baccalaureate degree.''.","summary":"Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012 or US LEADS Act - Amends title IV of the Higher Education Act of 1965 to allow recent college graduates to defer payment on their student loans under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs without accruing interest when the national unemployment rate exceeds 7 or the unemployment rate for 21-25 year olds exceeds 9. Limits that deferral period to a maximum of five years. Makes the deferral available only to graduates aged 21-25 who received their first baccalaureate degree within the four years preceding this Act's enactment.","title":"To provide interest-free deferment on unsubsidized student loans made to recent college students during periods when the national unemployment rate is above 7 percent and other periods of deferment.","text_len":12702,"sum_len":635} {"bill_id":"112_s1703","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Quadrennial Energy Review Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the President's Council of Advisors on Science and \n Technology recommends that the United States develop a \n Government wide Federal energy policy and update the policy \n regularly with strategic Quadrennial Energy Reviews similar to \n the reviews conducted by the Department of Defense;\n (2) as the lead agency in support of energy science and \n technology innovation, the Department of Energy has conducted a \n Quadrennial Technology Review of the energy technology policies \n and programs of the Department;\n (3) the Quadrennial Technology Review of the Department of \n Energy serves as the basis for coordination with other agencies \n and on other programs for which the Department has a key role;\n (4) a Quadrennial Energy Review would--\n (A) establish integrated, Government wide national \n energy objectives in the context of economic, \n environmental, and security priorities;\n (B) coordinate actions across Federal agencies;\n (C) identify the resources needed for the \n invention, adoption, and diffusion of energy \n technologies; and\n (D) provide a strong analytical base for Federal \n energy policy decisions;\n (5) the development of an energy policy resulting from a \n Quadrennial Energy Review would--\n (A) enhance the energy security of the United \n States;\n (B) create jobs; and\n (C) mitigate environmental harm; and\n (6) while a Quadrennial Energy Review will be a product of \n the executive branch, the review will have substantial input \n from--\n (A) Congress;\n (B) the energy industry;\n (C) academia;\n (D) nongovernmental organizations; and\n (E) the public.\n\nSEC. 3. QUADRENNIAL ENERGY REVIEW.\n\n Section 801 of the Department of Energy Organization Act (42 U.S.C. \n7321) is amended to read as follows:\n\n``SEC. 801. QUADRENNIAL ENERGY REVIEW.\n\n ``(a) Definitions.--In this section:\n ``(1) Director.--The term `Director' means the Director of \n the Office of Science and Technology Policy.\n ``(2) Federal laboratory.--\n ``(A) In general.--The term `Federal Laboratory' \n has the meaning given the term `laboratory' in section \n 12(d) of the Stevenson-Wydler Technology Innovation Act \n of 1980 (15 U.S.C. 3710a(d)).\n ``(B) Inclusion.--The term `Federal Laboratory' \n includes a federally funded research and development \n center sponsored by a Federal agency.\n ``(3) Interagency working group.--The term `interagency \n working group' means a working group established under \n subsection (b)(1).\n ``(4) Quadrennial energy review.--The term `Quadrennial \n Energy Review' means a comprehensive multiyear examination of \n the energy programs and technologies of the Federal Government \n conducted under this section.\n ``(b) Interagency Working Group.--\n ``(1) Establishment of interagency working group.--\n Beginning on February 1, 2013, and every 4 years thereafter, \n the President shall establish an interagency working group to \n coordinate the Quadrennial Energy Review.\n ``(2) Co-chairpersons.--The Secretary and the Director \n shall be co-chairpersons of the interagency working group.\n ``(3) Membership.--The interagency working group shall be \n comprised of representatives at level I or II of the Executive \n Schedule of--\n ``(A) the Department of Commerce;\n ``(B) the Department of Defense;\n ``(C) the Department of State;\n ``(D) the Department of the Interior;\n ``(E) the Department of Agriculture;\n ``(F) the Department of the Treasury;\n ``(G) the Department of Transportation;\n ``(H) the Office of Management and Budget;\n ``(I) the National Science Foundation;\n ``(J) the Environmental Protection Agency; and\n ``(K) such other Federal organizations, \n departments, and agencies that the President considers \n to be appropriate.\n ``(c) Conduct of Review.--Each Quadrennial Energy Review shall be \nconducted to provide an integrated view of national energy objectives \nand Federal energy policy, including alignment of research programs, \nincentives, regulations, and partnerships.\n ``(d) Submission of Quadrennial Energy Review to Congress.--\n ``(1) In general.--Not later than February 1, 2014, and \n every 4 years thereafter, the Secretary, in cooperation with \n the Director, shall publish and submit to Congress a report on \n the Quadrennial Energy Review.\n ``(2) Inclusions.--The report described in paragraph (1) \n shall include, at a minimum--\n ``(A) an integrated view of short-, intermediate-, \n and long-term objectives for Federal energy policy in \n the context of economic, environmental, and security \n priorities;\n ``(B) anticipated Federal actions (including \n programmatic, regulatory, and fiscal actions) and \n resource requirements--\n ``(i) to achieve the objectives described \n in subparagraph (A); and\n ``(ii) to be coordinated across multiple \n agencies;\n ``(C) an analysis of the prospective roles of \n parties (including academia, industry, consumers, the \n public, and Federal agencies) in achieving the \n objectives described in subparagraph (A), including--\n ``(i) an analysis, by energy use sector, \n of--\n ``(I) commercial and residential \n buildings;\n ``(II) industry;\n ``(III) transportation;\n ``(IV) electric power; and\n ``(V) agriculture;\n ``(ii) requirements for invention, \n adoption, development, and diffusion of energy \n technologies that are mapped onto each of the \n energy use sectors; and\n ``(iii) other research that inform \n strategies to incentivize desired actions;\n ``(D) an assessment of policy options to increase \n domestic energy supplies;\n ``(E) an evaluation of energy storage, \n transmission, and distribution requirements, including \n requirements for renewable energy;\n ``(F) an integrated plan for the involvement of the \n Federal Laboratories in energy programs;\n ``(G) portfolio assessments that describe the \n optimal deployment of resources, including prioritizing \n financial resources for energy programs;\n ``(H) a mapping of the linkages among basic \n research and applied programs, demonstration programs, \n and other innovation mechanisms across the Federal \n agencies;\n ``(I) an identification of, and projections for, \n demonstration projects, including timeframes, \n milestones, sources of funding, and management;\n ``(J) an identification of public and private \n funding needs for various energy technologies, systems, \n and infrastructure, including consideration of public-\n private partnerships, loans, and loan guarantees;\n ``(K) an assessment of global competitors and an \n identification of programs that can be enhanced with \n international cooperation;\n ``(L) an identification of policy gaps that need to \n be filled to accelerate the adoption and diffusion of \n energy technologies, including--\n ``(i) Federal tax policies; and\n ``(ii) the role of Federal agencies as \n early adopters and purchasers of new energy \n technologies;\n ``(M) an analysis of--\n ``(i) points of maximum leverage for policy \n intervention to achieve outcomes; and\n ``(ii) areas of energy policy that can be \n most effective in meeting national goals for \n the energy sector; and\n ``(N) recommendations for executive branch \n organization changes to facilitate the development and \n implementation of Federal energy policies.\n ``(e) Executive Secretariat.--\n ``(1) In general.--The Secretary shall provide the \n Executive Secretariat with the necessary analytical, financial, \n and administrative support for the conduct of each Quadrennial \n Energy Review required under this section.\n ``(2) Cooperation.--The heads of applicable Federal \n agencies shall cooperate with the Secretary and provide such \n assistance, information, and resources as the Secretary may \n require to assist in carrying out this section.''.","summary":"Quadrennial Energy Review Act of 2011 - Amends the Department of Energy Organization Act to direct the President to establish an interagency working group to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including alignment of research programs, incentives, regulations, and partnerships. Requires the Secretary of Energy, in cooperation with the Director of the Office of Science and Technology Policy, to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Requires the Secretary to provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review.","title":"A bill to amend the Department of Energy Organization Act to require a Quadrennial Energy Review, and for other purposes.","text_len":10273,"sum_len":895} {"bill_id":"105_s706","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``School Security Improvement Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) independent studies have shown that the safety and \n discipline of students in public school systems are ranked as \n the top 2 concerns of the public with respect to matters \n relating to the administration of public school systems;\n (2) administrators of public school systems must be given \n the resources necessary to ensure that the students and the \n personnel of such systems are provided educational and working \n environments that are safe and orderly; and\n (3) if the misconduct of a student who is a child with a \n disability is not a manifestation of a disability of the \n student, the student should be subject to the same disciplinary \n measures that are provided in the rules or code of conduct of \n an educational entity for a student who is a child without a \n disability, including a disciplinary measure such as a \n cessation of educational services.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to permit educational entities to use fair disciplinary \n measures against all students, including children with \n disabilities; and\n (2) to require educational entities--\n (A) to include in the educational record of a \n student who is a child with a disability or a student \n who is a child without a disability a statement of \n disciplinary measures taken against the student; and\n (B) to transmit the statement with the educational \n record of the student to other educational entities if \n the student transfers from an elementary school or \n secondary school (as the terms are defined in section \n 602(c)) to another such school.\n\nSEC. 4. DISCIPLINE OF STUDENTS WHO ARE CHILDREN WITH DISABILITIES.\n\n (a) Maintenance of Disciplinary Records.--Section 612 of the \nIndividuals with Disabilities Education Act (20 U.S.C. 1412) is amended \nby adding at the end the following:\n ``(8) The State has in effect a State law that requires \n State educational agencies, local educational agencies, and \n intermediate educational units--\n ``(A) to include in the educational record of a \n child with a disability or a child without a disability \n a statement of any disciplinary measure taken against \n the child that results in an out-of-school suspension \n of more than 10 days or an expulsion from school; and\n ``(B) in a case in which the child with a \n disability or the child without a disability is \n transferred from an elementary school or secondary \n school (as the terms are defined in section 602(c), or \n section 14101 of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 8801), whichever are applicable) \n to another such school (in the State or in another \n State), to transmit the statement with the educational \n record to other educational entities involved with such \n a transfer.\n The statement described in subparagraph (A) for a child with a \n disability or a child without a disability may include a \n description of any behavior engaged in by the child that \n required a disciplinary measure, a description of the \n disciplinary measure taken against the child, and any other \n information that is relevant to the safety of the child and the \n individuals involved with the child.''.\n (b) Disciplinary Measures.--\n (1) Use of disciplinary measures when the behavior of a \n child is not a manifestation of the disability of the child.--\n Part B of the Individuals with Disabilities Education Act (20 \n U.S.C. 1411 et seq.) is amended by inserting after section 615 \n the following:\n\n``SEC. 615A. USE OF DISCIPLINARY MEASURES WHEN THE BEHAVIOR OF A CHILD \n IS NOT A MANIFESTATION OF THE DISABILITY OF THE CHILD.\n\n ``(a) In General.--A State educational agency, a local educational \nagency, or an intermediate educational unit may use a long-term \ndisciplinary measure to address the behavior of a child with a \ndisability that is a violation of the rules or code of conduct of such \nan educational entity, if--\n ``(1) the behavior was not a manifestation of the \n disability of the child; and\n ``(2) the long-term disciplinary measure applies to the \n child with a disability to the same extent the long-term \n disciplinary measure applies to a child without a disability \n who engages in the same behavior.\n ``(b) Provision of Educational Services.--In the case of a child \nwith a disability who engages in behavior that violates the rules or \ncode of conduct of an educational entity described in subsection (a), \nthe child shall continue to receive educational services in accordance \nwith this Act, unless--\n ``(1) the behavior of the child was not a manifestation of \n the disability of the child; and\n ``(2) the policy of the educational entity is to cease \n educational services to any child determined to be engaged in \n such behavior.\n ``(c) Construction.--Nothing in this section shall be construed to \nlimit the rights provided for children with disabilities under section \n615.\n ``(d) Definition.--In this section, the term `long-term \ndisciplinary measure' means a disciplinary action that is carried out \nby an educational entity described in subsection (a) for a period of \nmore than 10 school days.''.\n (2) Alternative Educational Placement for Threatening \n Behavior.--Section 615(e)(3)(B)(i) of the Individuals with \n Disabilities Education Act (20 U.S.C. 1415(e)(3)(B)(i)) is \n amended by striking ``jurisdiction of such agency,'' and \n inserting ``jurisdiction of such agency or is determined by a \n hearing officer to have been engaged in behavior in such school \n that posed a threat to the safety of individuals involved with \n the child,''.\n (c) Definitions.--Section 602 of the Individuals with Disabilities \nEducation Act (20 U.S.C. 1401) is amended by adding at the end the \nfollowing:\n ``(c) In sections 612(8) and 615A, the term `child without a \ndisability' means an individual--\n ``(1) who is enrolled in an elementary school or secondary \n school (as the terms are defined in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801); and\n ``(2) who is not a child with a disability.''.\n\nSEC. 5. SENSE OF THE SENATE.\n\n (a) Findings.--Congress finds that--\n (1) when Congress enacted the Individuals with Disabilities \n Education Act (20 U.S.C. 1400 et seq.), Congress made a \n commitment to provide funding for the State grant program under \n the Act at a level of 40 percent of the national average per-\n pupil expenditure; and\n (2) since the enactment of such Act, Congress has only \n funded the State grant program at 7 percent of the national \n average per-pupil expenditure.\n (b) Sense of the Senate.--It is the sense of the Senate that \nCongress should follow through on its original funding commitment and \nprovide funding for the State grant program under the Individuals with \nDisabilities Education Act at the level of 40 percent of the national \naverage per-pupil expenditure.","summary":"School Security Improvement Act of 1997 - Amends the Individuals with Disabilities Education Act (IDEA) to require educational entities to include, in the educational records of students who are children with disabilities and students who are children without disabilities, documentation with regard to disciplinary measures taken against them. Permits the use of long-term disciplinary measures against students who are children with disabilities. Requires continuing provision of educational services to children with disabilities who engage in behavior that violates an educational entity's rules or code of conduct, unless such behavior is not a manifestation of their disabilities, and it is the entity's policy to cease educational services to any child engaged in such behavior. Expresses the sense of the Senate that the Congress should follow through on its original commitment and provide funding for the IDEA State grant program at the level of 40 percent of the national average per-pupil expenditure.","title":"School Security Improvement Act of 1997","text_len":7907,"sum_len":1013} {"bill_id":"114_hr1066","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clinical Trials Modernization Act of \n2015''.\n\nSEC. 2. CLINICAL TRIAL MODERNIZATION.\n\n (a) Proposals for Use of Innovative Statistical Methods in Clinical \nProtocols for Drugs, Biological Products, and Devices.--Chapter V of \nthe Federal Food, Drug, and Cosmetic Act is amended by inserting after \nsection 506F (21 U.S.C. 356f) the following new section:\n\n``SEC. 507. CLINICAL TRIAL MODERNIZATION.\n\n ``(a) In General.--To promote the efficiency of the development and \nregulatory review and approval, licensure, or clearance of drugs, \nbiological products, and devices and the timely availability of \ninnovative treatments, the Secretary shall, after providing notice and \nan opportunity for public comment, establish and implement a framework \nthrough which--\n ``(1) sponsors of drugs, biological products, or devices \n may submit to the Secretary a proposal for the incorporation of \n adaptive trial designs, Bayesian methods, or other alternative \n statistical methods into proposed clinical protocols and \n marketing applications for drugs, biological products, or \n devices; and\n ``(2) the Secretary will commit to timelines for reviewing \n and providing feedback on proposals so submitted.''.\n (b) Guidance Addressing Use of Adaptive Trial Designs and Bayesian \nMethods.--\n (1) In general.--The Secretary of Health and Human \n Services, acting through the Commissioner of Food and Drugs (in \n this subsection referred to as the ``Secretary''), shall--\n (A) update and finalize the draft guidance \n addressing the use of adaptive trial design for drugs \n and biological products; and\n (B) issue draft guidance on the use of Bayesian \n methods in the development and regulatory review and \n approval, licensure, or clearance of drugs, biological \n products, and devices.\n (2) Contents.--The guidances under paragraph (1) shall--\n (A) establish or clarify standards for using \n adaptive trial designs and Bayesian methods in clinical \n trials, including clinical trials that form the primary \n basis for approval, clearance, or licensure of the \n products involved (such as trials that provide \n substantial evidence for the approval of drugs);\n (B) establish a mechanism for sponsors to obtain \n feedback from the Secretary under section 507, as added \n by subsection (a), on technical issues related to \n modeling and simulations prior to--\n (i) completion of such modeling or \n simulations; or\n (ii) the submission of resulting \n information to the Secretary;\n (C) specify the types of quantitative and \n qualitative information required for review; and\n (D) specify the recommended analysis methodology.\n (3) Public meeting.--Prior to updating or developing the \n guidances required by paragraph (1), the Secretary shall \n consult, through a public meeting to be held no later than 1 \n year after the date of enactment of this Act, with stakeholders \n including representatives of regulated industry, academia, \n patient advocacy organizations, and disease research \n foundations.\n (4) Schedule.--The Secretary shall, after providing notice \n and opportunity for public comment, publish--\n (A) the final guidance required by paragraph (1)(A) \n not later than 6 months after the date of the public \n meeting required by paragraph (3); and\n (B) the guidance required by paragraph (1)(B) not \n later than 12 months after the date of the public \n meeting required by paragraph (3).\n (5) Review and revision of guidance documents.--Not later \n than 48 months after the date of enactment of this Act, the \n Secretary shall review and, as appropriate, revise the guidance \n documents required by subparagraphs (A) and (B) of paragraph \n (1) to reflect developments in statistical methods that could \n be appropriate for use in clinical trials, including clinical \n trials that--\n (A) form the primary basis for approval, clearance, \n or licensure of drugs, biological products or devices; \n or\n (B) provide substantial evidence for the approval \n of drugs.\n\nSEC. 3. EVALUATIONS OF REQUIRED POSTAPPROVAL STUDIES AND CLINICAL \n TRIALS.\n\n (a) In General.--Section 505(o)(3) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the \nfollowing new subparagraph:\n ``(G) Evaluations of required postapproval studies \n and clinical trials.--\n ``(i) In general.--The Secretary shall \n establish a process under which the Secretary, \n on the initiative of the Secretary or at the \n request of a responsible person, shall \n periodically evaluate a postapproval study or \n clinical trial required to be conducted under \n this paragraph to determine whether--\n ``(I) the trial or study is no \n longer scientifically warranted; or\n ``(II) the design, or the timelines \n applicable to the completion of, the \n study or trial should be renegotiated \n because of changes in medical practice \n or the standard of care.\n ``(ii) Not scientifically warranted.--In \n the case of a determination under clause (i)(I) \n that a postapproval study or clinical trial \n required to be conducted under this paragraph \n is no longer scientifically warranted, the \n Secretary shall no longer require the \n responsible person to conduct the study or \n trial.\n ``(iii) Renegotiation.--In the case of a \n determination under clause (i)(II) that the \n design, or the timelines applicable to the \n completion of, a postapproval study or clinical \n trial required to be conducted under this \n paragraph should be renegotiated, the Secretary \n shall enter into negotiations with the \n responsible person to make such changes as may \n be necessary to such design or timelines as the \n Secretary determines are necessary.''.\n (b) Guidance.--Not later than one year after the date of the \nenactment of this Act, the Secretary shall issue draft guidance on the \nimplementation of subparagraph (G) of section 505(o)(3) of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)), as added by \nsubsection (a). Not later than two years after such date of enactment, \nthe Secretary shall issue final guidance on such implementation.","summary":"Clinical Trials Modernization Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to allow sponsors of applications for new drugs, biological products, and medical devices to propose incorporation of alternative statistical methods, including adaptive trial design and Bayesian methods, into clinical trial protocols and marketing applications. The FDA is required to issue guidance that establishes or clarifies standards for using alternative statistical methods in clinical trials. The FDA must establish a process under which a post-approval study or clinical trial required by the FDA is periodically evaluated to determine whether the trial or study is no longer scientifically warranted or whether the design should be renegotiated because of changes in medical practice or the standard of care.","title":"Clinical Trials Modernization Act of 2015","text_len":7801,"sum_len":870} {"bill_id":"104_s362","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Metropolitan Washington Airports Act \nAmendments of 1995''.\n\nSEC. 2. FINDINGS.\n\n Section 6002(7) of the Metropolitan Washington Airports Act of 1986 \n(49 U.S.C. App. 2451(7)) is amended--\n (1) by inserting ``declining'' after ``perceived''; and\n (2) by striking ``the growing local interest,'' and \n inserting ``the increasing need for local planning and \n management on a metropolitan statistical area basis,''.\n\nSEC. 3. AIRPORTS AUTHORITY.\n\n (a) Board of Directors.--Section 6007 of the Metropolitan \nWashington Airports Act of 1986 (49 U.S.C. App. 2456) is amended by \nstriking subsections (e), (f), (g), and (h) and inserting the \nfollowing:\n ``(e) Board of Directors.--\n ``(1) Appointment.--The Airports Authority shall be \n governed by a board of directors of 11 members as follows:\n ``(A) 1 member shall be appointed by the Governor \n of Virginia.\n ``(B) 1 member shall be appointed by the Mayor of \n the District of Columbia.\n ``(C) 1 member shall be appointed by the Governor \n of Maryland.\n ``(D) 2 members shall be appointed by the Virginia \n State legislature.\n ``(E) 2 members shall be appointed by those \n representatives from Virginia local governments who are \n on the Board of Directors of the Metropolitan \n Washington Council of Governments.\n ``(F) 2 members shall be appointed by those \n representatives from the District of Columbia \n government who are on the Board of Directors of the \n Metropolitan Washington Council of Governments.\n ``(G) 2 members shall be appointed by those \n representatives from Maryland local governments who are \n on the Board of Directors of the Metropolitan \n Washington Council of Governments.\n The Chairman shall be appointed from among the members by a \n majority vote of the members and shall serve until replaced by \n a majority vote of the members.\n ``(2) Restrictions.--Members (A) shall serve without \n compensation other than reasonable expenses incident to board \n functions, and (B) must reside within the Washington Standard \n Metropolitan Statistical Area.\n ``(3) Terms.--Members shall be appointed for terms of 4 \n years.\n ``(4) Required number of votes.--7 votes shall be required \n to approve bond issues and the annual budget.\n ``(f) Airport Noise.--\n ``(1) Balanced environmental protection.--In order to \n protect the public from the impact of aircraft noise and at the \n same time provide for suitable air transportation service to \n the Washington Standard Metropolitan Statistical Area, a \n proposed action of the board of directors which could result in \n a change in the impact of aircraft noise in the vicinity of a \n Metropolitan Washington Airport may not take unless, at least \n 60 days before the action is to take effect, the board of \n directors--\n ``(A) notifies, in writing, the Committee on Noise \n Abatement at National and Dulles Airports of the \n Washington Council of Governments of the action for the \n purpose of allowing such committee the opportunity to \n review, and submit comments on, the action; and\n ``(B) submits, in writing, to such committee a \n response to any comment of such committee with respect \n to the action within 30 days after the date of receipt \n of such comment.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsections (b) and (c), the \namendments made by sections 2 and 3 shall take effect on the date of \nthe enactment of this Act.\n (b) Limitation on Applicability.--Persons appointed as members of \nthe board of directors of the Metropolitan Washington Airports \nAuthority on the date of the enactment of this Act shall continue to \nserve on such board until their respective terms expire under former \nsection 6007(e).\n (c) Initial Appointments.--\n (1) Virginia appointments.--The Governor of Virginia shall \n appoint under new section 6007(e)(1)(A) a person to fill the \n vacancy of the first member appointed by the Governor of \n Virginia under former section 6007(e)(1)(A) whose term expires \n after the date of the enactment of this Act. The Virginia State \n legislature shall appoint under new section 6007(e)(1)(D) \n persons to fill the vacancies of the second and third members \n appointed by the Governor under former section 6007(e)(1)(A) \n whose terms expire after such date of enactment. \n Representatives from Virginia local governments shall appoint \n under new section 6007(e)(1)(E) persons to fill the vacancies \n of the fourth and fifth members appointed by the Governor under \n former section 6007(e)(1)(A) whose terms expire after such date \n of enactment.\n (2) District of columbia appointments.--The Mayor of the \n District of Columbia shall appoint under new section \n 6007(e)(1)(B) a person to fill the vacancy of the first member \n appointed by the Mayor of the District of Columbia under former \n section 6007(e)(1)(B) whose term expires after the date of the \n enactment of this Act. Representatives from the District of \n Columbia government shall appoint under new section \n 6007(e)(1)(F) persons to fill the vacancies of the second and \n third such members appointed by the Mayor under former section \n 6007(e)(1)(B) whose terms expire after such date of enactment.\n (3) Maryland appointments.--The Governor of Maryland shall \n appoint under new section 6007(e)(1)(C) a person to fill the \n vacancy of the first member appointed by the Governor of \n Maryland under former section 6007(e)(1)(C) whose term expires \n after the date of the enactment of this Act. Representatives \n from Maryland local governments shall appoint under new section \n 6007(e)(1)(G)--\n (A) a person to fill the vacancy of the second \n member appointed by the Governor under former section \n 6007(e)(1)(C) whose term expires after such date of \n enactment; and\n (B) a person to fill the vacancy of the member \n appointed by the President under former section \n 6007(e)(1)(D) when the term of such member expires \n after such date of enactment.\n (d) Definitions.--In this section, the following definitions apply:\n (1) Former section 6007(e).--The term ``former section \n 6007(e)'' means section 6007(e) of the Metropolitan Washington \n Airports Act of 1986 as in effect on the day before the date of \n the enactment of this Act.\n (2) New section 6007(e).--The term ``new section 6007(e)'' \n means section 6007(e) of the Metropolitan Washington Airports \n Act of 1986, as amended by section 3 of this Act.","summary":"Metropolitan Washington Airports Act Amendments of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise congressional findings with respect to the two federally owned airports in the Washington metropolitan area to declare a perceived declining limited need for a Federal role in the management of these airports and increasing need for local planning and management on a metropolitan statistical area basis. Revises the composition of the Board of Directors for the Metropolitan Washington Airports Authority. Repeals the mandate for and authority of a Board of Review of the Airports Authority, thus abolishing it. Prohibits any proposed action of the Board of Directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport unless, at least 60 days before the action is to take effect, it: (1) notifies the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action to allow them an opportunity to review, and submit comments on, such action. And (2) submits to such committee a response to any committee comment with respect to such action. Requires persons appointed as members of the Board upon the enactment of this Act to continue to serve until their original terms expire. Provides for the appointment of persons to fill vacancies on the Board.","title":"Metropolitan Washington Airports Act Amendments of 1995","text_len":7529,"sum_len":1393} {"bill_id":"111_hr5710","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National All Schedules Prescription \nElectronic Reporting Reauthorization Act of 2010''.\n\nSEC. 2. AMENDMENT TO PURPOSE.\n\n Paragraph (1) of section 2 of the National All Schedules \nPrescription Electronic Reporting Act of 2005 (Public Law 109-60) is \namended to read as follows:\n ``(1) foster the establishment of State-administered \n controlled substance monitoring systems in order to ensure \n that--\n ``(A) health care providers have access to the \n accurate, timely prescription history information that \n they may use as a tool for the early identification of \n patients at risk for addiction in order to initiate \n appropriate medical interventions and avert the tragic \n personal, family, and community consequences of \n untreated addiction; and\n ``(B) appropriate law enforcement, regulatory, and \n State professional licensing authorities have access to \n prescription history information for the purposes of \n investigating drug diversion and prescribing and \n dispensing practices of errant prescribers or \n pharmacists; and''.\n\nSEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM.\n\n Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is \namended--\n (1) in subsection (a)(1)--\n (A) in subparagraph (A), by striking ``or'';\n (B) in subparagraph (B), by striking the period at \n the end and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(C) to maintain and operate an existing State-\n controlled substance monitoring program.'';\n (2) by amending subsection (b) to read as follows:\n ``(b) Minimum Requirements.--The Secretary shall maintain and, as \nappropriate, supplement or revise (after publishing proposed additions \nand revisions in the Federal Register and receiving public comments \nthereon) minimum requirements for criteria to be used by States for \npurposes of clauses (ii), (v), (vi), and (vii) of subsection \n(c)(1)(A).'';\n (3) in subsection (c)--\n (A) in paragraph (1)(B)--\n (i) in the matter preceding clause (i), by \n striking ``(a)(1)(B)'' and inserting \n ``(a)(1)(B) or (a)(1)(C)'';\n (ii) in clause (i), by striking ``program \n to be improved'' and inserting ``program to be \n improved or maintained''; and\n (iii) in clause (iv), by striking ``public \n health'' and inserting ``public health or \n public safety'';\n (B) in paragraph (3)--\n (i) by striking ``If a State that submits'' \n and inserting the following:\n ``(A) In general.--If a State that submits'';\n (ii) by inserting before the period at the \n end ``and include timelines for full \n implementation of such interoperability''; and\n (iii) by adding at the end the following:\n ``(B) Monitoring of efforts.--The Secretary shall \n monitor State efforts to achieve interoperability, as \n described in subparagraph (A).'';\n (C) in paragraph (5)--\n (i) by striking ``implement or improve'' \n and inserting ``establish, improve, or \n maintain''; and\n (ii) by adding at the end the following: \n ``The Secretary shall redistribute any funds \n that are so returned among the remaining \n grantees under this section in accordance with \n the formula described in subsection \n (a)(2)(B).'';\n (4) in the matter preceding paragraph (1) in subsection \n (d), by striking ``In implementing or improving'' and all that \n follows through ``(a)(1)(B)'' and inserting ``In establishing, \n improving, or maintaining a controlled substance monitoring \n program under this section, a State shall comply, or with \n respect to a State that applies for a grant under subparagraph \n (B) or (C) of subsection (a)(1)'';\n (5) in subsections (e), (f)(1), and (g), by striking \n ``implementing or improving'' each place it appears and \n inserting ``establishing, improving, or maintaining'';\n (6) in subsection (f)--\n (A) in paragraph (1)(B) by striking ``misuse of a \n schedule II, III, or IV substance'' and inserting \n ``misuse of a controlled substance included in schedule \n II, III, or IV of section 202(c) of the Controlled \n Substance Act''; and\n (B) by adding at the end the following:\n ``(3) Evaluation and reporting.--Subject to subsection (g), \n a State receiving a grant under subsection (a) shall provide \n the Secretary with aggregate data and other information \n determined by the Secretary to be necessary to enable the \n Secretary--\n ``(A) to evaluate the success of the State's \n program in achieving its purposes; or\n ``(B) to prepare and submit the report to Congress \n required by subsection (k)(2).\n ``(4) Research by other entities.--A department, program, \n or administration receiving nonidentifiable information under \n paragraph (1)(D) may make such information available to other \n entities for research purposes.'';\n (7) by redesignating subsections (h) through (n) as \n subsections (i) through (o), respectively;\n (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking \n ``subsection (h)'' each place it appears and inserting \n ``subsection (i)'';\n (9) by inserting after subsection (g) the following:\n ``(h) Education and Access to the Monitoring System.--A State \nreceiving a grant under subsection (a) shall take steps to--\n ``(1) facilitate prescriber use of the State's controlled \n substance monitoring system; and\n ``(2) educate prescribers on the benefits of the system \n both to them and society.'';\n (10) by amending subsection (l), as redesignated, to read \n as follows:\n ``(l) Preference.--Beginning 3 years after the date on which funds \nare first appropriated to carry out this section, the Secretary, in \nawarding any competitive grant under title V that is related to drug \nabuse (as determined by the Secretary) and for which only States or \ntribes are eligible to apply, may give preference to eligible States \nwith applications approved under this section, to eligible States or \ntribes with existing controlled substance monitoring programs that meet \nminimum requirements under this section, or to eligible States or \ntribes that put forth a good faith effort to meet those requirements \n(as determined by the Secretary).''.\n (11) in subsection (m)(1), as redesignated, by striking \n ``establishment, implementation, or improvement'' and inserting \n ``establishment, improvement, or maintenance'';\n (12) in subsection (n)(8), as redesignated, by striking \n ``and the District of Columbia'' and inserting ``, the District \n of Columbia, and any commonwealth or territory of the United \n States''; and\n (13) by amending subsection (o), as redesignated, to read \n as follows:\n ``(o) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated $15,000,000 for fiscal year \n2011 and $10,000,000 for each of fiscal years 2012 and 2013.''.\n\n Passed the House of Representatives September 23, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs. (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees. (3) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress. And (4) expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state medicaid program or state health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system. And (2) educate prescribers on the benefits of the system both to them and society. Revises preferences for grants related to drug abuse to authorize the Secretary to give preference to eligible states or tribes that put forth a good faith effort to meet minimum requirements under the controlled substance monitoring program. Authorizes appropriations for FY2011-FY2013.","title":"To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act.","text_len":8517,"sum_len":1998} {"bill_id":"103_s1178","text":"short title\n\n Sec. 101. This Act may be cited as the ``Great Lakes Federal \nEffectiveness Act''.\n\n great lakes research council\n\n Sec. 102. (a) Establishment of Council.--There is established a \nGreat Lakes Research Council.\n (b) Duties of Council.--The Council shall--\n (1) advise and promote the coordination of Federal research \n activities to avoid unnecessary duplication and ensure greater \n effectiveness in achieving ecosystem protection of the Great \n Lakes through the goals of the Great Lakes Water Quality \n Agreement;\n (2) no later than one year after the date of enactment of \n this Act, prepare and provide to interested parties, a document \n which includes--\n (A) an assessment of the research activities needed \n to fulfill the Great Lakes Water Quality Agreement \n goals;\n (B) an assessment of existing Federal expertise and \n capabilities in those activities needed to fulfill the \n Great Lakes Water Quality Agreement goals, including an \n inventory of existing Federal Great Lakes research \n programs, projects, facilities, and personnel; and\n (C) recommendations for long-term and short-term \n priorities for Federal research on the Great Lakes, \n based on a comparison of the assessment conducted under \n subparagraph (A) and existing programs;\n (3) identify topics for and participate in meetings, \n workshops, symposia, and conferences on Great Lakes research \n issues;\n (4) make recommendations for the uniform collection of data \n for enhancing research and management protocols relating to the \n Great Lakes ecosystem;\n (5) advise and cooperate in the establishment of a \n comprehensive, multi-media data base for the Great Lakes \n ecosystem; and\n (6) ensure that the results, findings, and information \n regarding Great Lakes research programs conducted or sponsored \n by the Federal Government be disseminated in a timely manner, \n and in useful forms, to interested persons, using as much as \n possible existing mechanisms, such as the Great Lakes Research \n Inventory prepared by the International Joint Commission.\n (c) Membership.--(1) The Council shall be comprised of one research \nmanager with extensive knowledge, scientific expertise, and experience \nin the Great Lakes ecosystem for each of the following agencies--\n (A) the Environmental Protection Agency;\n (B) the National Oceanic and Atmospheric Administration;\n (C) the United States Coast Guard;\n (D) the United States Fish and Wildlife Service; and\n (E) any other relevant Federal department, agency or \n instrumentality, as determined by the Council membership.\n (2) Other persons who are not Federal employees may serve as ex \nofficio members of the Council, at the request of the Council \nmembership.\n (d) Chairperson.--The Chairperson of the Council shall be elected \nby the members and shall serve for a period of two years. No member of \nthe Council may serve as Chairperson for more than two consecutive \nterms.\n (e) Compensation.--While performing official duties as members of \nthe Council, members of the Council are entitled to receive \ncompensation for travel and transportation expenses under section 5703 \nof title 5, United States Code.\n (f) Interagency Cooperation.--The head of each department, agency, \nor other instrumentality of the Federal Government which is a member of \nthe Council--\n (1) shall cooperate with the Council to implement the \n recommendations developed under subsection (b);\n (2) may, upon written request of the Chairperson of the \n Council, make available, on a reimbursable basis or otherwise, \n personnel, services, or facilities as may be necessary to \n assist the Council in achieving the purposes of this Act; and\n (3) shall, upon written request from the Chairperson, \n furnish data or information necessary to achieve the purposes \n of this Act.\n\n international cooperation\n\n Sec. 103. (a) International Joint Commission.--The Council shall \ninvite the International Joint Commission to serve as Secretariat and \nprincipal coordinating body for the Council.\n (b) Funding.--Agencies represented on the Council may reimburse \ncosts associated with activities authorized under this Act conducted by \nthe International Joint Commission.\n\n effect on other laws\n\n Sec. 104. Nothing in this Act shall be construed to amend, \nrestrict, or otherwise alter the authority of any Federal department, \nagency, or instrumentality, under any law, to undertake Great Lakes \nresearch activities.\n\n definitions\n\n Sec. 105. In this Act--\n (1) ``Council'' means the Great Lakes Research Council \n established under section 102 of this Act.\n (2) ``Great Lakes'' means--\n (A) Lake Erie, Lake Huron, Lake Michigan, Lake \n Ontario, and Lake Superior;\n (B) their connecting waters, including the St. \n Marys River; the St. Clair River, Lake St. Clair, the \n Detroit River, and the Niagara River; and\n (C) the St. Lawrence River.\n (3) ``Great Lakes research'' means the application of \n scientific and\/or engineering expertise to explain, understand, \n and predict physical, chemical, biological, and socioeconomic \n processes, and their interaction, in the Great Lakes ecosystem.\n (4) ``Great Lakes Water Quality Agreement'' means the \n bilateral agreement between the United States and Canada which \n was signed in 1978 and amended by the Protocol of 1987.","summary":"Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement. (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities. (3) identify topics for and participate in workshops and conferences on Great Lakes research issues. (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem. (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem. And (6) ensure that findings and information regarding such research are disseminated in a timely manner.","title":"A bill to coordinate and promote Great Lakes activities, and for other purposes.","text_len":6111,"sum_len":1024} {"bill_id":"113_hr3695","text":"SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS.\n\n (a) Extension.--Except as otherwise provided in this section and \nnotwithstanding any other provision of law, the authorities provided by \neach provision of the Food, Conservation, and Energy Act of 2008 \n(Public Law 110-246; 122 Stat. 1651) and each amendment made by that \nAct (and for mandatory programs at such funding levels), as in effect \non September 30, 2013, pursuant to the extension and amendments made by \nsection 701 of the American Taxpayer Relief Act of 2012 (Public Law \n112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of \nAgriculture shall carry out the authorities, until January 31, 2014, \nexcept as provided in subsection (b)(1) of such section 701.\n (b) Suspension of Permanent Price Support Authorities.--The \nprovisions of law specified in subsections (a) through (c) of section \n1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) \nshall be suspended until January 31, 2014.\n (c) Supplemental Agricultural Disaster Assistance.--Section 531 of \nthe Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section \n702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), \nrelating to the provision of supplemental agricultural disaster \nassistance, shall apply through January 31, 2014.\n (d) Exceptions.--\n (1) Nutrition.--Subsection (a) does not apply with respect \n to mandatory funding provided by the program authorized by the \n provision of law amended by subsection (d)(2) of section 701 of \n the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 \n U.S.C. 8701 note).\n (2) Conservation.--Subsection (a) does not apply with \n respect to the programs specified in paragraphs (3)(B), (4), \n (6), and (7) of section 1241(a) of the Food Security Act of \n 1985 (16 U.S.C. 3841(a)), relating to the conservation \n stewardship program, farmland protection program, environmental \n quality incentives program, and wildlife habitat incentives \n program, for which program authority was extended through \n fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat. \n 582).\n (3) Trade.--Subsection (a) does not apply with respect to \n the following provisions of law:\n (A) Section 3206 of the Food, Conservation, and \n Energy Act of 2008 (7 U.S.C. 1726c) relating to the use \n of Commodity Credit Corporation funds to support local \n and regional food aid procurement projects.\n (B) Section 3107(l)(1) of the Farm Security and \n Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1)) \n relating to the use of Commodity Credit Corporation \n funds to carry out the McGovern-Dole International Food \n for Education and Child Nutrition Program.\n (4) Survey of foods purchased by school food authorities.--\n Subsection (a) does not apply with respect to section 4307 of \n the Food, Conservation, and Energy Act of 2008 (Public Law 110-\n 246; 122 Stat. 1893) relating to the use of Commodity Credit \n Corporation funds for a survey and report regarding foods \n purchased by school food authorities.\n (5) Rural development.--Subsection (a) does not apply with \n respect to the following provisions of law:\n (A) Section 379E(d)(1) of the Consolidated Farm and \n Rural Development Act (7 U.S.C. 2008s(d)(1)), relating \n to funding of the rural microentrepreneur assistance \n program.\n (B) Section 6029 of the Food, Conservation, and \n Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955) \n relating to funding of pending rural development loan \n and grant applications.\n (C) Section 231(b)(7)(A) of the Agricultural Risk \n Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)), \n relating to funding of value-added agricultural market \n development program grants.\n (D) Section 375(e)(6)(B) of the Consolidated Farm \n and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) \n relating to the use of Commodity Credit Corporation \n funds for the National Sheep Industry Improvement \n Center.\n (6) Market loss assistance for asparagus producers.--\n Subsection (a) does not apply with respect to section 10404(d) \n of the Food, Conservation, and Energy Act of 2008 (Public Law \n 110-246; 122 Stat. 2112).\n (7) Supplemental agricultural disaster assistance.--\n Subsection (a) does not apply with respect to section 531 of \n the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of \n the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the \n provision of supplemental agricultural disaster assistance.\n (8) Pigford claims.--Subsection (a) does not apply with \n respect to section 14012 of the Food, Conservation, and Energy \n Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to \n determination on the merits of Pigford claims.\n (9) Heartland, habitat, harvest, and horticulture act of \n 2008.--Subsection (a) does not apply with respect to title XV \n of the Food, Conservation, and Energy Act of 2008 (Public Law \n 110-246; 122 Stat. 2246), and amendments made by that title, \n relating to the provision of supplemental agricultural disaster \n assistance under title IX of the Trade Act of 1974 (19 U.S.C. \n 2497 et seq.), certain revenue and tax provisions, and certain \n trade benefits and other matters.\n (e) Effective Date.--This section takes effect as of September 30, \n2013.\n\n Passed the House of Representatives December 12, 2013.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education. (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program. (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities. (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center, (5) market loss assistance for asparagus producers, (6) supplemental agricultural disaster assistance, (7) Pigford claims determinations. And (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013.","title":"To provide a temporary extension of the Food, Conservation, and Energy Act of 2008 and amendments made by that Act, as previously extended and amended and with certain additional modifications and exceptions, to suspend permanent price support authorities, and for other purposes.","text_len":6230,"sum_len":1308} {"bill_id":"106_hr1767","text":"SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL \n CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO \n PROJECTS FINANCED WITH BONDS.\n\n (a) In General.--Title XII of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 8501 et seq.) is amended--\n (1) by redesignating sections 12004 through 12013 as \n sections 12101 through 12110, respectively;\n (2) by inserting before section 12101 (as so redesignated) \n the following:\n\n ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY \n EDUCATION FACILITIES'';\n\n and\n (3) by adding at the end the following:\n\n ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS\n\n``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION \n BONDS.\n\n ``(a) Qualified School Construction Bond.--\n ``(1) In general.--For purposes of this part, the term \n `qualified school construction bond' means any bond issued as \n part of an issue if--\n ``(A) a taxpayer who holds the bond is allowed a \n credit under the Internal Revenue Code of 1986;\n ``(B) 95 percent or more of the proceeds of such \n issue are to be used for the construction, \n rehabilitation, or repair of a public school facility;\n ``(C) the bond is issued by a State or local \n government within the jurisdiction of which such school \n is located; and\n ``(D) the issuer designates such bond for purposes \n of this section and the Internal Revenue Code of 1986.\n ``(2) Temporary period exception.--A bond shall not be \n treated as failing to meet the requirement of paragraph (1)(B) \n solely by reason of the fact that the proceeds of the issue of \n which such bond is a part are invested for a reasonable \n temporary period (but not more than 36 months) until such \n proceeds are needed for the purpose for which such issue was \n issued. Any earnings on such proceeds during such period shall \n be treated as proceeds of the issue for purposes of applying \n paragraph (1)(B).\n ``(b) National Limitation on Amount of Bonds Designated.--In any \ncase in which there is imposed a national limitation on the maximum \naggregate face amount of bonds issued during any calendar year which \nmay be designated as qualified school construction bonds, such \nlimitation shall be allocated in accordance with this section.\n ``(c) One-Third of Limitation Allocated Among States.--\n ``(1) In general.--One-third of the limitation applicable \n under subsection (b) for any calendar year shall be allocated \n among the States under paragraph (2) by the Secretary. The \n limitation amount allocated to a State under the preceding \n sentence shall be allocated by the State educational agency to \n issuers within such State and such allocations may be made only \n if there is an approved State application.\n ``(2) Allocation formula.--The amount to be allocated under \n paragraph (1) for any calendar year shall be allocated among \n the States in proportion to the respective amounts each such \n State received for Basic Grants under subpart 2 of part A of \n title I of this Act for the most recent fiscal year ending \n before such calendar year. For purposes of the preceding \n sentence, Basic Grants attributable to large local educational \n agencies (as defined in subsection (d)), and Basic Grants \n attributable to high-growth local educational agencies (as \n defined in subsection (e)), shall be disregarded.\n ``(3) Minimum allocations to states.--\n ``(A) In general.--The Secretary shall adjust the \n allocations under this subsection for any calendar year \n for each State to the extent necessary to ensure that \n the sum of--\n ``(i) the amount allocated to such State \n under this subsection for such year; and\n ``(ii) the aggregate amounts allocated \n under subsections (d) and (e) to local \n educational agencies in such State for such \n year;\n is not less than an amount equal to such State's \n minimum percentage of one-third of the national \n qualified school construction bond limitation referred \n to in subsection (b) for the calendar year.\n ``(B) Minimum percentage.--A State's minimum \n percentage for any calendar year is the minimum \n percentage described in section 1124(d) for such State \n for the most recent fiscal year ending before such \n calendar year.\n ``(4) Allocations to certain possessions.--The amount to be \n allocated under paragraph (1) to any possession of the United \n States (as such term is used in the Internal Revenue Code of \n 1986) other than Puerto Rico shall be the amount which would \n have been allocated if all allocations under paragraph (1) were \n made on the basis of respective populations of individuals \n below the poverty line (as defined by the Office of Management \n and Budget). In making other allocations, the amount to be \n allocated under paragraph (1) shall be reduced by the aggregate \n amount allocated under this paragraph to possessions of the \n United States.\n ``(5) Approved state application.--For purposes of \n paragraph (1), the term `approved State application' means an \n application which is approved by the Secretary and which \n includes--\n ``(A) the results of a recent publicly available \n survey (undertaken by the State with the involvement of \n local education officials, members of the public, and \n experts in school construction and management) of such \n State's needs for public school facilities, including \n descriptions of--\n ``(i) health and safety problems at such \n facilities;\n ``(ii) the capacity of public schools in \n the State to house projected enrollments; and\n ``(iii) the extent to which the public \n schools in the State offer the physical \n infrastructure needed to provide a high-quality \n education to all students; and\n ``(B) a description of how the State will allocate \n to local educational agencies, or otherwise use, its \n allocation under this subsection to address the needs \n identified under subparagraph (A), including a \n description of how it will--\n ``(i) give highest priority to localities \n with the greatest needs, as demonstrated by \n inadequate school facilities coupled with a low \n level of resources to meet those needs;\n ``(ii) use its allocation under this \n subsection to assist localities that lack the \n fiscal capacity to issue bonds on their own; \n and\n ``(iii) ensure that its allocation under \n this subsection is used only to supplement, and \n not supplant, the amount of school \n construction, rehabilitation, and repair in the \n State that would have occurred in the absence \n of such allocation.\n Any allocation under paragraph (1) by a State education agency \n shall be binding if such agency reasonably determined that the \n allocation was in accordance with the plan approved under this \n paragraph.\n ``(d) One-Third of Limitation Allocated Among Largest School \nDistricts.--\n ``(1) In general.--One-third of the limitation applicable \n under subsection (b) for any calendar year shall be allocated \n under paragraph (2) by the Secretary among local educational \n agencies which are large local educational agencies for such \n year. No qualified school construction bond may be issued by \n reason of an allocation to a large local educational agency \n under the preceding sentence unless such agency has an approved \n local application.\n ``(2) Allocation formula.--The amount to be allocated under \n paragraph (1) for any calendar year shall be allocated among \nlarge local educational agencies in proportion to the respective \namounts each such agency received for Basic Grants under subpart 2 of \npart A of title I of this Act for the most recent fiscal year ending \nbefore such calendar year.\n ``(3) Large local educational agency.--For purposes of this \n section, the term `large local educational agency' means, with \n respect to a calendar year, any local educational agency (other \n than a high-growth local educational agency, as defined in \n subsection (e)) if such agency is--\n ``(A) among the 100 local educational agencies with \n the largest numbers of children aged 5 through 17 from \n families living below the poverty level, as determined \n by the Secretary using the most recent data available \n from the Department of Commerce that are satisfactory \n to the Secretary; or\n ``(B) 1 of not more than 25 local educational \n agencies (other than those described in clause (i)) \n that the Secretary determines (based on the most recent \n data available satisfactory to the Secretary) are in \n particular need of assistance, based on a low level of \n resources for school construction, a high level of \n enrollment growth, or such other factors as the \n Secretary deems appropriate.\n ``(4) Approved local application.--For purposes of \n paragraph (1), the term `approved local application' means an \n application which is approved by the Secretary and which \n includes--\n ``(A) the results of a recent publicly-available \n survey (undertaken by the local educational agency with \n the involvement of school officials, members of the \n public, and experts in school construction and \n management) of such agency's needs for public school \n facilities, including descriptions of--\n ``(i) the overall condition of the local \n educational agency's school facilities, \n including health and safety problems;\n ``(ii) the capacity of the agency's schools \n to house projected enrollments; and\n ``(iii) the extent to which the agency's \n schools offer the physical infrastructure \n needed to provide a high-quality education to \n all students;\n ``(B) a description of how the local educational \n agency will use its allocation under this subsection to \n address the needs identified under subparagraph (A); \n and\n ``(C) a description of how the local educational \n agency will ensure that its allocation under this \n subsection is used only to supplement, and not \n supplant, the amount of school construction, \n rehabilitation, or repair in the locality that would \n have occurred in the absence of such allocation.\n A rule similar to the rule of the last sentence of subsection \n (c)(5) shall apply for purposes of this subsection.\n ``(e) One-Third of Limitation Allocated Among High-Growth School \nDistricts.--\n ``(1) In general.--One-third of the limitation applicable \n under subsection (b) for any calendar year shall be allocated \n under paragraph (2) by the Secretary among local educational \n agencies which are high-growth local educational agencies for \n such year. No qualified school construction bond may be issued \n by reason of an allocation to a high-growth local educational \n agency under the preceding sentence unless such agency has an \n approved local application (as defined in subsection (d)(4)). A \n rule similar to the rule of the last sentence of subsection \n (c)(5) shall apply for purposes of this subsection.\n ``(2) Allocation formula.--The amount to be allocated under \n paragraph (1) for any calendar year shall be allocated among \n high-growth local educational agencies in proportion to the \n respective amounts each such agency received for Basic Grants \n under subpart 2 of part A of title I of this Act for the most \n recent fiscal year ending before such calendar year.\n ``(3) High-growth local educational agency.--For purposes \n of this section, the term `high-growth local educational \n agency' means, with respect to a calendar year, any local \n educational agency if--\n ``(A) there has been at least a 7.5 percent \n increase in such agency's enrollment during the 5-year \n period ending with the preceding calendar year; and\n ``(B) such enrollment increase exceeds 150 \n students.\n ``(f) Carryover of Unused Limitation.--If for any calendar year--\n ``(1) the amount allocated under subsection (c) to any \n State; exceeds\n ``(2) the amount of bonds issued during such year which are \n designated as qualified school construction bonds pursuant to \n such allocation;\nthe limitation amount under such subsection for such State for the \nfollowing calendar year shall be increased by the amount of such \nexcess. A similar rule shall apply to the amounts allocated under \nsubsections (d) and (e).\n ``(g) Other Definitions.--For purposes of this section:\n ``(1) Local educational agency.--The term `local \n educational agency' has the meaning given to such term by \n section 14101. Such term includes the local educational agency \n that serves the District of Columbia but does not include any \n other State agency.\n ``(2) Bond.--The term `bond' includes any obligation.\n ``(3) Public school facility.--The term `public school \n facility' shall not include any stadium or other facility \n primarily used for athletic contests or exhibitions or other \n events for which admission is charged to the general public.\n\n``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH \n QUALIFIED SCHOOL CONSTRUCTION BONDS.\n\n ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a \net seq.) (commonly referred to as the `Davis-Bacon Act') shall apply \nwith respect to individuals employed on school construction, \nrehabilitation, or repair projects financed with the proceeds from an \nissuance of qualified school construction bonds.''.\n (b) Conforming Amendments.--Title XII of such Act is amended--\n (1) in sections 12101 through 12110 (as so redesignated), \n by striking ``this title'' each place it appears and inserting \n ``this part'';\n (2) in section 12101(a)(1) (as so redesignated)--\n (A) by striking ``section 12013'' and inserting \n ``section 12110'';\n (B) by striking ``section 12005'' and inserting \n ``section 12102''; and\n (C) by striking ``section 12007'' and inserting \n ``section 12104'';\n (3) in section 12101(a)(2) (as so redesignated), by \n striking ``section 12013'' and inserting ``section 12110''; and\n (4) in section 12109(3)(C) (as so redesignated), by \n striking ``section 12006'' and inserting ``section 12103''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.","title":"To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds.","text_len":16900,"sum_len":321} {"bill_id":"103_hr1755","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Elections Act of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress makes the following findings:\n (1) Voting participation in the United States is lower than \n in any other advanced industrialized democracy.\n (2) The rights of eligible citizens to seek election to \n office, vote for candidates of their choice and associate for \n the purpose of taking part in elections, including the right to \n create and develop new political parties, are fundamental in a \n democracy. The rights of citizens to participate in the \n election process, provided in and derived from the first and \n fourteenth amendments to the Constitution, having consistently \n been promoted and protected by the Federal Government. These \n rights include the right to cast an effective vote and the \n right to associate for the advancement of political beliefs, \n which includes the ``constitutional right . . . to create and \n develop new political parties.'' Norman v. Reed, 502 \n U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal \n Government to see that these rights are not impaired in \n elections for Federal office.\n (3) Certain restrictions on access to the ballot impair the \n ability of citizens to exercise these rights and have a direct \n and damaging effect on citizens' participation in the electoral \n process.\n (4) Many States unduly restrict access to the ballot by \n nonmajor party candidates and nonmajor political parties by \n means of such devices as excessive petition signature \n requirements, insufficient petitioning periods, \n unconstitutionally early petition filing deadlines, petition \n signature distribution criteria, discriminatory petition \n signature fees, and limitations on eligibility to circulate and \n sign petitions.\n (5) Many States require political parties to poll an unduly \n high number of votes or to register an unduly high number of \n voters as a precondition for remaining on the ballot.\n (6) In 1983, the Supreme Court ruled unconstitutional an \n Ohio law requiring a nonmajor party candidate for President to \n qualify for the general election ballot earlier than major \n party candidates. This Supreme Court decision, Anderson v. \n Celebrezze, 460 U.S. 780 (1983) has been followed by many lower \n courts in challenges by nonmajor parties and candidates to \n early petition filing deadlines. See, e.g., Stoddard v. Quinn, \n 593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of \n Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party \n of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986); \n Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir. \n 1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568 \n (11th Cir. 1991).\n (7) In 1992, 26 States still required nonmajor party \n candidates for President to qualify for the ballot before the \n second major party national convention (California, Colorado, \n Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, \n Kansas, Maine, Maryland, Michigan, Missouri, Montana, North \n Carolina, Nevada, New Hampshire, New Jersey, Oklahoma, \n Pennsylvania, South Carolina, South Dakota, Texas, Washington, \n West Virginia). Nine of these States required nonmajor party \n candidates to qualify before the first major party national \n convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada, \n North Carolina, Oklahoma, Texas).\n (8) In 1992, nonmajor party candidates for President had to \n obtain 806,401 petition signatures to be listed on the ballots \n of all 50 States and the District of Columbia--32 times more \n signatures than the 25,500 required of Democratic Party \n candidates and 15 times more signatures than the 54,250 \n required of Republican Party candidates. To be listed on the \n ballot in all 50 States and the District of Columbia with a \n party label, nonmajor party candidates for President had to \n obtain approximately 649,092 petition signatures and 79,136 \n registrants. In 1992, 32 of the 41 States that held \n Presidential primaries required no signatures of major party \n candidates for President (Arkansas, California, Colorado, \n Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, \n Louisiana, Maryland, Massachusetts, Michigan, Minnesota, \n Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, \n North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, \n South Carolina, South Dakota, Tennessee, Texas, Virginia, \n Washington, West Virginia, Wisconsin). Only two States required \n no signatures of nonmajor party candidates for President \n (Arkansas and Louisiana; Louisiana, however, requires a $500 \n filing fee).\n (9) The number of petition signatures required by the \n States to list a major party candidate for Senate on the ballot \n in 1992 ranged from zero to 15,111. The number of petition \n signatures required to list a nonmajor party candidate for \n Senate ranged from zero to 180,935. Thirty-one States required \n no signatures of major party candidates for Senate (Alabama, \n Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, \n Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, \n Massachusetts, Minnesota, Mississippi, Missouri, Montana, \n Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, \n Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West \n Virginia, Wyoming). Only one State required no signatures of \n nonmajor party candidates for Senate, provided they were \n willing to be listed on the ballot without a party label \n (Louisiana, although a $600 filing fee is required, and to run \n with a party label, a candidate must register 106,146 voters \n into his or her party).\n (10) The number of petition signatures required by the \n States to list a major party candidate for Congress on the \n ballot in 1992 ranged from zero to 2,000. The number of \n petition signatures required to list a nonmajor party candidate \n for Congress ranged from zero to 12,252. Thirty-one States \n required no signatures of major party candidates for Congress \n (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, \n Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, \n Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, \n Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, \n Oregon, South Carolina, Texas, Utah, Washington, West Virginia, \n Wyoming). Only one State required no signatures of nonmajor \n party candidates for Congress, provided they were willing to be \n listed on the ballot without a party label (Louisiana, although \n a $600 filing fee is required).\n (11) Eight States required additional signatures to list a \n nonmajor party candidate for President on the ballot with a \n party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North \n Dakota, Ohio, Tennessee). Thirteen States required additional \n signatures to list a nonmajor party candidate for Senate or \n Congress on the ballot with a party label (Alabama, Arizona, \n Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North \n Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States \n (Ohio and Tennessee, respectively) required 5,000 signatures \n and 25 signatures, respectively, to list a nonmajor party \n candidate for President or Senate on the ballot in 1992, but \n required 34,777 signatures and 19,759 signatures, respectively, \n to list the candidate on the ballot with her or his party \n label. One State (California) required a nonmajor party to have \n 78,992 registrants in order to have its candidate for President \n listed on the ballot with a party label.\n (12) In 1992 one State (Arizona) required nonmajor party \n candidates for President or Senate to obtain 10,555 signatures \n in 10 days, but allowed major party candidates for Senate 45 \n days to obtain approximately half that number of signatures, \n and required no signatures of major party candidates for \n President. Another State (California) required nonmajor party \n candidates for President or Senate to obtain 134,781 signatures \n in 105 days, but required major party candidates for Senate to \n obtain only 65 signatures in 105 days, and required no \n signatures of major party candidates for President. Another \n State (Texas) required nonmajor party candidates for President \n or Senate to obtain 38,900 signatures in 75 days, and required \n no signatures of major party candidates for President or \n Senate.\n (13) Two States required all nonmajor party candidates to \n pay fees of ten and five cents per petition signature, while \n requiring no fees or signatures of major party candidates \n (Florida and North Carolina, respectively).\n (14) Seven States require nonmajor party candidates for \n President or Senate to collect a certain number or percentage \n of their petition signatures in each congressional district or \n in a specified number of congressional districts (Michigan, \n Missouri, Nebraska, New Hampshire, New York, North Carolina, \n Virginia). Only three of these States impose a like requirement \n on major party candidates for President or Senate (Michigan, \n New York, Virginia).\n (15) Twenty States restrict the circulation of petitions \n for nonmajor party candidates to residents of those States \n (California, Colorado, Connecticut, District of Columbia, \n Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada, \n New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas, \n Virginia, West Virginia, Wisconsin). Three States restrict the \n circulation of petitions for nonmajor party candidates to the \n county or congressional district where the circulator lives \n (Kansas, Nebraska, Virginia).\n (16) Four States prohibit people who voted in a primary \n election from signing petitions for nonmajor party candidates \n (Nebraska, New York, Texas, West Virginia). Twelve States \n restrict the signing of petitions to people who indicate intent \n to support or vote for the candidate or party (California, \n Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New \n York, North Carolina, Ohio, Oregon, Utah). Five of these 12 \n States require no petitions of major party candidates \n (Delaware, Maryland, North Carolina, Oregon, Utah), and only \n one of the six remaining States restricts the signing of \n petitions for major party candidates to people who indicate \n intent to support or vote for the candidate or party (New \n Jersey).\n (17) Restrictions on the ability of citizens to exercise \n the rights identified in this subsection have \n disproportionately impaired participation in the electoral \n process by various groups, including racial minorities.\n (18) The establishment of fair and uniform national \n standards for access to the ballot in elections for Federal \n office would remove barriers to the participation of citizens \n in the electoral process and thereby facilitate such \n participation and maximize the rights identified in this \n subsection.\n (19) The Congress has authority, under the provisions of \n the Constitution of the United States in sections 4 and 8 of \n article I, section 1 of article II, article VI, the thirteenth, \n fourteenth, and fifteenth amendments, and other provisions of \n the Constitution of the United States, to protect and promote \n the exercise of the rights identified in this subsection.\n (b) Purposes.--The purposes of this Act are--\n (1) to establish fair and uniform standards regulating \n access to the ballot by eligible citizens who desire to seek \n election to Federal office and political parties, bodies, and \n groups which desire to take part in elections for Federal \n office; and\n (2) to maximize the participation of eligible citizens in \n elections for Federal office.\n\nSEC. 3. BALLOT ACCESS RIGHTS.\n\n (a) An individual shall have the right to be placed as a candidate \non, or to have such individual's political party, body, or group \naffiliation in connection with such candidacy placed on, a ballot or \nsimilar voting materials to be used in a Federal election, if such \nindividual presents a petition stating in substance that the \nsignatories desire such individual's name and political party, body or \ngroup affiliation, if any, to be placed on the ballot or other similar \nvoting materials to be used in the Federal election with respect to \nwhich such rights are to be exercised, and\n (1) with respect to a Federal election for the office of \n President, Vice President, or Senator, such petition has a \n number of signatures of persons qualified to vote for such \n office equal to one-tenth of one percent of the number of \n persons who voted in the most recent previous Federal election \n for such office in the State, or 1,000 signatures, whichever is \n greater;\n (2) with respect to a Federal election for the office of \n Representative in, or Delegate or Resident Commissioner to, the \n Congress, such petition has a number of signatures of persons \n qualified to vote for such office equal to one-half of one \n percent of the number of persons who voted in the most recent \n previous Federal election for such office, or, if there was no \n previous Federal election for such office, 1,000 signatures;\n (3) with respect to a Federal election the date of which \n was fixed 345 or more days in advance, such petition was \n circulated during a period beginning on the 345th day and \n ending on the 75th day before the date of the election;\n (4) with respect to a Federal election the date of which \n was fixed less than 345 days in advance, such petition was \n circulated during a period established by the State holding the \n election, or, if no such period was established, during a \n period beginning on the day after the date the election was \n scheduled and ending on the tenth day before the date of the \n election, provided, however, that the number of signatures \n required under paragraph (1) or (2) shall be reduced by \\1\/\n 270\\th for each day less than 270 in such period.\n (b) An individual shall have the right to be placed as a candidate \non, or to have such individual's political party, body, or group \naffiliation in connection with such candidacy placed on, a ballot or \nsimilar voting materials to be used in a Federal election, without \nhaving to satisfy any requirement relating to a petition under \nsubsection (a), if that or another individual, as a candidate of that \npolitical party, body, or group, received one percent of the votes cast \nin the most recent general Federal election for President or Senator in \nthat State.\n\nSEC. 4. RULEMAKING.\n\n The Attorney General shall make rules to carry out this Act.\n\nSEC. 5. GENERAL DEFINITIONS.\n\n As used in this Act--\n (1) the term ``Federal election'' means a general or \n special election for the office of--\n (A) President or Vice President;\n (B) Senator; or\n (C) Representative in, or Delegate or Resident \n Commissioner to, the Congress;\n (2) the term ``State'' means a State of the United States, \n the District of Columbia, the Commonwealth of Puerto Rico, and \n any other territory or possession of the United States; and\n (3) the term ``individual'' means an individual who has the \n qualifications required by law of a person who holds the office \n for which such individual seeks to be a candidate.","summary":"Fair Elections Act of 1993 - Sets forth ballot access rights for Federal elections.","title":"Fair Elections Act of 1993","text_len":17020,"sum_len":83} {"bill_id":"108_s1168","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Recycled Roads Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in 2000, there were more than 3,951,000 miles of \n highways in the United States;\n (2) in the early 1990s, as much as 350,000,000 tons of raw \n and recyclable material were used annually for highway \n construction, rehabilitation, and maintenance;\n (3) in 2002, the Federal Government provided \n $26,348,000,000, or more than 34 percent of funding, for \n highways in the United States;\n (4) at least 45 States recycle a total of 73,000,000 tons \n of reclaimed asphalt pavement annually, the use of which \n results in an annual savings of approximately $300,000,000 as \n compared with the cost of using raw material;\n (5) in 2002, the Federal Highway Administration issued a \n policy encouraging States to use recycled material in highway \n construction because recycling and reuse can offer engineering, \n economic, and environmental benefits;\n (6) greater incorporation of recyclable material in highway \n construction would--\n (A) provide a significant new national market for \n the use of recyclable material;\n (B) create new markets and incentives for recycling \n in small communities;\n (C) conserve raw material; and\n (D) reduce the quantities of waste deposited in \n landfills in the United States (which would produce an \n additional savings for the Federal Government and State \n governments); and\n (7) the increased use of recyclable material in highway \n construction could--\n (A) provide additional opportunities for rural \n economic development; and\n (B) encourage expanded use of biomass products.\n\nSEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY CONSTRUCTION.\n\n (a) In General.--Subchapter I of chapter 1 of title 23, United \nStates Code, is amended by inserting after section 138 the following:\n``Sec. 139. Use of recyclable material in Federal-aid highway \n construction\n ``(a) Definition of Recyclable Material.--In this section:\n ``(1) In general.--The term `recyclable material' means any \n material described in paragraph (2) that is determined by the \n Secretary, in consultation with the Administrator of the \n Environmental Protection Agency--\n ``(A) to be recyclable and usable in construction \n of a Federal-aid highway; and\n ``(B) to have undergone a recycling process to \n prepare the material for further use.\n ``(2) Materials.--The materials referred to in paragraph \n (1) are--\n ``(A) glass;\n ``(B) forest biomass;\n ``(C) a used tire or tire product;\n ``(D) reclaimed asphalt;\n ``(E) plastic; and\n ``(F) any other suitable material that does not \n contain a total concentration of any toxic constituent \n that poses a risk to human health or the environment--\n ``(i) during preconstruction activity, \n including storage, transportation, or \n preparation of the material for use in road \n construction;\n ``(ii) during the useful life of the road; \n or\n ``(iii) after the useful life of the road, \n including subsequent recycling, reuse, or \n disposal of components of or debris from the \n road.\n ``(b) Program.--\n ``(1) Establishment.--The Secretary shall establish a \n recycled roads incentive grant program to encourage the \n expanded use by States and Indian tribes of a diverse range of \n recyclable material in the construction of Federal-aid \n highways.\n ``(2) Grants.--In carrying out this section, the Secretary \n shall provide to each State or qualified (as determined by the \n Secretary) Indian tribe--\n ``(A) a grant, in an amount not to exceed $125,000 \n for a fiscal year, to be used by the State or Indian \n tribe in employing a coordinator to promote the use of \n a diverse range of recyclable material in Federal-aid \n highway construction; and\n ``(B) a grant, on a competitive basis, in an amount \n not to exceed $1,400,000 for a fiscal year, to be used \n by the State or Indian tribe in carrying out projects \n and activities to promote the expanded use of a diverse \n range of recyclable material in Federal-aid highway \n construction and maintenance, such as projects and \n activities to--\n ``(i) eliminate economic barriers;\n ``(ii) develop markets;\n ``(iii) provide outreach, training, or \n technical assistance; or\n ``(iv) collect program and performance \n data.\n ``(3) Administration.--\n ``(A) Redistribution of funds.--If funds made \n available for use in providing grants under \n subparagraph (A) or (B) of paragraph (2) for a fiscal \n year remain after the Secretary has provided grants \n under the subparagraph for the fiscal year, the \n Secretary--\n ``(i) may use the remaining funds to \n provide additional grants under that paragraph \n for the fiscal year; but\n ``(ii) notwithstanding any other provision \n of this title, shall not use the funds to \n provide grants or assistance under any other \n program under this title.\n ``(B) Transportation and environmental \n cooperation.--In providing a grant to a State or Indian \n tribe under paragraph (2)(B), the Secretary shall \n encourage cooperation between transportation and \n environmental programs carried out by the State or \n Indian tribe.\n ``(C) Equitable treatment of states and indian \n tribes.--To the maximum extent practicable, the \n Secretary shall treat an Indian tribe as a State for \n the purpose of a grant provided under paragraph (2).\n ``(4) State and tribal reports.--For the fiscal year in \n which the program under this section is implemented and each \n fiscal year thereafter, each State and Indian tribe that \n receives a grant under paragraph (2) shall--\n ``(A) collect a sampling of data pertaining to the \n use by the State or Indian tribe, during the fiscal \n year covered by the report, of recyclable material in \n the projects for construction of Federal-aid highways \n in the State or on land under the jurisdiction of the \n Indian tribe that are carried out under this section or \n any other provision of this title using at least \n $1,000,000 in Federal funds, including a description \n of--\n ``(i) each type of recyclable material \n used;\n ``(ii) the quantity of each recyclable \n material used; and\n ``(iii) the proportion that--\n ``(I) the quantity of each \n recyclable material used; bears to\n ``(II) the quantity of all \n recyclable material and raw material \n used; and\n ``(B) submit to the Secretary a report describing \n those data.\n ``(5) Quality control.--The Secretary shall ensure, to the \n maximum extent practicable, that data provided by a State or \n Indian tribe under paragraph (4) is of a sufficient quality and \n range to permit the Secretary to assess national \n accomplishments involving the use of recyclable material.\n ``(c) Reports.--\n ``(1) Initial report.--Not later than 180 days after the \n date of enactment of the Recycled Roads Act of 2003, the \n Secretary shall submit to the appropriate committees of \n Congress a report on the program to be carried out under this \n section that includes--\n ``(A) an overview of program requirements;\n ``(B) an analysis of any significant issues \n relating to the program; and\n ``(C) a proposed timeline for implementation of the \n program.\n ``(2) Annual reports.--Not later than 2 years after the \n date of enactment of the Recycled Roads Act of 2003, and \n annually thereafter on the date of issuance of the annual \n program performance report under section 1116 of title 31, \n United States Code, the Secretary shall submit to the \n appropriate committees of Congress a report on the program \n under this section, including, for each recyclable material \n used in the construction of a Federal-aid highway during the \n period covered by the report, the information described in \n subsection (b)(4).\n ``(d) Regulations.--The Secretary shall promulgate such regulations \nas are necessary to carry out this section.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated from the Highway Trust Fund (other than the Mass Transit \nAccount)--\n ``(1) $10,125,000 for use in providing grants under \n subsection (b)(2)(A) for each fiscal year; and\n ``(2) $113,400,000 for use in providing grants under \n subsection (b)(2)(B) for each fiscal year.''.\n (b) Conforming Amendment.--The analysis for subchapter I of chapter \n1 of title 23, United States Code, is amended by inserting after the \nitem relating to section 138 the following:\n\n``139. Use of recyclable material in Federal-aid highway \n construction.''.","summary":"Recycled Roads Act of 2003 - Directs the Secretary of Transportation to establish a recycled roads incentive grant program to encourage, and to make grants to States and Indian tribes to employ a coordinator and carry out projects and activities to promote, the expanded use of a diverse range of recyclable material in the construction and maintenance of Federal-aid highways. Directs the Secretary to: (1) encourage cooperation between transportation and environmental programs carried out by the State or Indian tribe. And (2) treat an Indian tribe as a State for the purpose of such grants.","title":"A bill to amend title 23, United States Code, to establish a program to increase the use of recyclable material in the construction of Federal-aid highways.","text_len":10935,"sum_len":594} {"bill_id":"108_hr4145","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Manufacturing Advisory Council \nEstablishment Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Manufacturing is a critical component of the economy of \n the United States.\n (2) A strong manufacturing sector is important to \n maintaining a desirable standard of living for all United \n States citizens.\n (3) United States manufacturers can compete globally as \n long as they are not subjected to anti-competitive trade \n practices.\n (4) The United States manufacturing industry is presently \n facing many challenges, both domestic and international.\n (5) The President would benefit from regular, informed \n advice from a variety of sources within the Unites States \n manufacturing sector, including representatives of small and \n mid-sized businesses, on policies that affect manufacturing.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a council to be known as the ``President's \nCouncil of Advisors on Manufacturing''.\n\nSEC. 4. DUTIES.\n\n The duties of the Council shall be--\n (1) to advise the President on policy matters affecting the \n domestic manufacturing sector;\n (2) to assist in the development of policies that will--\n (A) reduce production costs within the \n manufacturing sector,\n (B) promote the competitiveness of products \n manufactured in the United States in international \n markets,\n (C) encourage innovation, investment, and \n productivity in the manufacturing sector, and\n (D) ensure an adequate supply of skilled workers in \n the manufacturing sector; and\n (3) to assist the Secretary of Commerce in securing private \n sector involvement for Department of Commerce activities.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Council shall be composed of 25 \nmembers appointed by the President as follows:\n (1) 1 member shall be an officer or employee of the Federal \n Government.\n (2) 24 members shall be individuals who--\n (A) are not officers or employees of the Federal \n Government;\n (B) have expertise in manufacturing; and\n (C) represent businesses of various sizes and \n industries within the manufacturing sector.\n (b) Continuation of Membership.--If a member was appointed to the \nCouncil as an officer or employee of the Federal Government and the \nmember ceases to be an officer or employee of the Federal Government, \nor was appointed to the Council because the member was not an officer \nor employee of the Federal Government and later becomes an officer or \nemployee of the Federal Government, that member may continue as a \nmember for not longer than the 90-day period beginning on the date that \nthe member ceases to be an officer or employee of the Federal \nGovernment, or becomes such an officer or employee, as the case may be.\n (c) Terms.--\n (1) In general.--Each member shall be appointed for a term \n of 2 years, except as provided in paragraphs (2) and (3).\n (2) Terms of initial appointees.--As designated by the \n President at the time of appointment, of the members first \n appointed--\n (A) 8 shall be appointed for terms of 4 years;\n (B) 8 shall be appointed for terms of 3 years;\n (C) 8 shall be appointed for terms of 2 years; and\n (D) the member appointed under subsection (a)(1) \n shall be appointed for a term of 2 years.\n (3) Vacancies.--Any member appointed to fill a vacancy \n occurring before the expiration of the term for which the \n member's predecessor was appointed shall be appointed only for \n the remainder of that term. A member may serve after the \n expiration of that member's term until a successor has taken \n office.\n (d) Deadline for Appointment.--The appointments of the members of \nthe Council shall be made no later than 90 days after the date of the \nenactment of this Act.\n (e) Co-chairs.--The co-chairs of the Council shall be the member \nappointed under subsection (a)(1) and one member appointed under \nsubsection (a)(2) who is designated by the President at the time of \nappointment.\n (f) Meetings.--\n (1) First meeting.--The Council shall hold its first \n meeting on a date designated by the co-chairs which is not \n later than 30 days after the date on which all members have \n been appointed.\n (2) Subsequent meetings.--After the first meeting, the \n Council shall meet at least semi-annually upon the call of the \n co-chairs.\n (g) No Compensation for Service.--The members shall serve on the \nCouncil without compensation.\n (h) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with \napplicable provisions under subchapter I of chapter 57 of title 5, \nUnited States Code.\n\nSEC. 6. POWERS OF THE COUNCIL.\n\n (a) Information and Advice.--As the Council finds appropriate, the \nCouncil may seek information and advice from persons who are not \nmembers of the Council.\n (b) Obtaining Official Data.--The Council may secure directly from \nany agency of the United States information necessary to enable it to \ncarry out this Act. Upon the request of either co-chair, the head of \nthat department or agency shall furnish that information to the \nCouncil.\n (c) Mails.--The Council may use the United States mails in the same \nmanner and under the same conditions as other departments and agencies \nof the United States.\n\nSEC. 7. ADMINISTRATION.\n\n (a) Expenses.--Any expenses incurred by the Council shall be paid \nfrom the funds available to the Assistant Secretary of Commerce \nresponsible for manufacturing and services, as determined by the \nSecretary of Commerce.\n (b) Administrative Services.--The Assistant Secretary of Commerce \nresponsible for manufacturing and services, as determined by the \nSecretary of Commerce, shall provide any administrative support \nservices required by the Council.\n\nSEC. 8. NO TERMINATION.\n\n Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. \nApp.; relating to the termination of advisory committees) shall not \napply to the Council.","summary":"Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector. (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of US-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers. And (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council.","title":"To establish the President's Council of Advisors on Manufacturing.","text_len":6645,"sum_len":762} {"bill_id":"111_hr4790","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Shareholder Protection Act of \n2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Corporations make significant political contributions \n and expenditures that directly or indirectly influence the \n election of candidates and support or oppose political causes. \n Decisions to use corporate funds for political contributions \n and expenditures are usually made by corporate boards and \n executives, rather than shareholders.\n (2) Corporations, acting through their boards and \n executives, are obligated to conduct business for the best \n interests of their owners, the shareholders.\n (3) Historically, shareholders have not had a way to know, \n or to influence, the political activities of corporations they \n own. Shareholders and the public have a right to know how \n corporations are spending their funds to make political \n contributions or expenditures benefitting candidates, political \n parties, and political causes.\n (4) Corporations should be accountable to their \n shareholders in making political contributions or expenditures \n affecting Federal governance and public policy. Requiring the \n express approval of a corporation's shareholders prior to \n making political contributions or expenditures will establish \n necessary accountability.\n\nSEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.\n\n The Securities Exchange Act of 1934 is amended by inserting after \nsection 14B the following new section:\n\n``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND \n DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.\n\n ``(a) Shareholder Authorization for Political Expenditures.--Any \nsolicitation of any proxy or consent or authorization in respect of any \nsecurity of an issuer shall--\n ``(1) contain a description of the specific nature of any \n expenditures for political activities proposed to be made by \n the issuer for the forthcoming fiscal year not previously \n approved, to the extent the specific nature is known to the \n issuer and including the total amount of such proposed \n expenditures; and\n ``(2) provide for a separate shareholder vote to authorize \n such proposed expenditures in such amount.\n ``(b) Requirements for Expenditures.--No issuer shall make any \nexpenditure for political activities in any fiscal year unless--\n ``(1) such expenditure is of the nature of those proposed \n by the issuer pursuant to subsection (a)(1); and\n ``(2) authorization for such expenditures has been granted \n by votes representing a majority of outstanding shares pursuant \n to subsection (a)(2).\n ``(c) Fiduciary Duty; Liability.--A violation of subsection (b) \nshall be considered a breach of a fiduciary duty of the officers and \ndirectors who authorized such an expenditure. The officers and \ndirectors who authorize such an expenditure without first obtaining \nsuch authorization of shareholders shall be jointly and severally \nliable in any action brought in any court of competent jurisdiction to \nany individual or class of individuals who held shares at the time such \nexpenditure was made for an amount equal to 3 times the amount of such \nexpenditure.\n ``(d) Definition of Expenditure for Political Activities.--As used \nin this section:\n ``(1) The term `expenditure for political activities' \n means--\n ``(A) an independent expenditure, as such term is \n defined in section 301(17) of the Federal Election \n Campaign Act of 1971 (2 U.S.C. 431(17));\n ``(B) an electioneering communication, as such term \n is defined in section 304(f)(3) of such Act (2 U.S.C. \n 434(f)(3)) and any other public communication (as such \n term is defined in section 301(22) of such Act (2 \n U.S.C. 431(22))) that would be an electioneering \n communication if it were a broadcast, cable, or \n satellite communication; or\n ``(C) dues or other payments to trade associations \n or other tax exempt organizations that are, or could \n reasonably be anticipated to be, used or transferred to \n another association or organization for the purposes \n described in subparagraph (A) or (B).\n ``(2) Such term shall not include--\n ``(A) direct lobbying efforts through registered \n lobbyists employed or hired by the issuer;\n ``(B) communications by an issuer to its \n shareholders and executive or administrative personnel \n and their families; or\n ``(C) the establishment and administration of \n contributions to a separate segregated fund to be \n utilized for political purposes by a corporation.\n ``(e) Disclosure of Votes.--Every institutional investment manager \nsubject to section 13(f) shall report at least annually how it voted on \nany shareholder vote pursuant to subsection (a), unless such vote is \notherwise required to be reported publicly by rule or regulation of the \nCommission. Not later than 6 months after the date of enactment of this \nsection, the Commission shall issue rules and regulations to implement \nthis subsection. Such rules shall require that such report be made not \nlater than 30 days after such a vote and be made available to the \npublic through the EDGAR system as soon as practicable.\n ``(f) Safe Harbor for Certain Divestment Decisions.--\nNotwithstanding any other provision of Federal or State law, no person \nmay bring any civil, criminal, or administrative action against any \ninstitutional investment manager, or any employee, officer, or director \nthereof, based solely upon a decision of the investment manager to \ndivest from, or not to invest in, securities of an issuer because of \nexpenditures for political activities made by that issuer. This \nsubsection shall not apply to any institutional investment manager, or \nany employee, officer, or director thereof, unless the institutional \ninvestment manager makes disclosures in accordance with regulations \nprescribed by the Commission.''.\n\nSEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL \n ACTIVITIES.\n\n (a) Required Vote.--The Securities Exchange Act of 1934 is amended \nby adding after section 16 the following new section:\n\n``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL \n ACTIVITIES.\n\n ``(a) Listing on Exchanges.--Effective not later than 180 days \nafter the date of enactment of this section, the Commission shall, by \nrule, direct the national securities exchanges and national securities \nassociations to prohibit the listing of any class of equity security of \nan issuer that is not in compliance with the requirements of any \nportion of subsection (b).\n ``(b) Requirement for Vote in Corporate Bylaws.--The corporate \nbylaws of an issuer shall expressly provide for a vote of the directors \nof the issuer on any individual expenditure for political activities \n(as such term is defined in section 14C(d)(1)) in excess of $50,000, or \nany expenditure that makes the total amount spent by the issuer for the \nparticular election (as such term is defined in section 301(1) of the \nFederal Election Campaign Act of 1971 (2 U.S.C. 431(1))) $50,000 or \nmore. An issuer shall make publicly available the individual votes of \nthe directors required by the preceding sentence within 48 hours of the \nvote, including in a clear and conspicuous location on the Internet \nwebsite of the issuer.''.\n (b) No Effect on Determination of Coordination With Candidates or \nCampaigns.--For purposes of determining whether an expenditure for \npolitical activities by an issuer under the Securities Exchange Act of \n1934 is an independent expenditure under the Federal Election Campaign \nAct of 1971, the expenditure may not be treated as made in concert or \ncooperation with, or at the request or suggestion of, any candidate or \ncommittee solely on the grounds that any director of the issuer voted \non the expenditure as required under section 16A(b) of the Securities \nExchange Act of 1934 (as added by subsection (a)).\n\nSEC. 5. REPORTING REQUIREMENTS.\n\n Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) \nis amended by adding at the end the following:\n ``(r) Reporting Requirements Relating to Certain Political \nExpenditures.--\n ``(1) Quarterly reports.--Not later than 180 days after the \n date of enactment of this subsection, the Commission shall \n modify its reporting rules under this section to require \n issuers to disclose quarterly any expenditure for political \n activities (as such term is defined in section 14C(d)(1)) made \n during the preceding quarter and the individual votes by board \n members authorizing such expenditures as required under section \n 16A(b). Such a report shall be filed with the Commission and \n provided to shareholders and shall include--\n ``(A) the date of each expenditure;\n ``(B) the amount of each expenditure;\n ``(C) if the expenditure was made for or against a \n candidate, the name of the candidate, the office sought \n by and the political party affiliation of the \n candidate; and\n ``(D) the name or identity of trade associations or \n other tax-exempt organizations which receive dues or \n other payments as described in section 14C(d)(1)(B).\n ``(2) Annual reports.--Not later than 180 days after the \n date of enactment of this subsection, the Commission shall, by \n rule, require each issuer to include in its annual report to \n shareholders an annual summary of all expenditures for \n political activities (as such term is defined in section \n 14C(d)(1)) made during the preceding year in excess of $10,000.\n ``(3) Disclosure of materials purchased by political \n expenditures.--The Commission shall, by rule, require each \n issuer to obtain and disclose in the reports required under \n this section, any materials created with or purchased by any \n expenditure for political activities (as such term is defined \n in section 14C(d)) made by the issuer. Such rule shall also \n require that each issuer disclose such materials in a clear and \n conspicuous location on the Internet website of the issuer \n within 48 hours of obtaining the materials.\n ``(4) Public availability.--The Commission shall ensure \n that, to the greatest extent practicable, the quarterly reports \n required by this subsection are publicly available through the \n Commission website and through the EDGAR system in a manner \n that is searchable, sortable, and downloadable, consistent with \n the requirements of section 24.''.\n\nSEC. 6. REPORTS.\n\n The Securities and Exchange Commission shall annually assess the \ncompliance of public corporations and their management with the \nrequirements of the amendments made by this Act, and shall transmit to \nCongress an annual report of its findings. The Comptroller General of \nthe United States shall periodically evaluate and report to Congress on \nthe effectiveness of the Securities and Exchange Commission's oversight \nof the reporting and disclosure requirements of the amendments made by \nthis Act.\n\nSEC. 7. SEVERABILITY.\n\n If any provision of this Act, an amendment made by this Act, or the \napplication of such provision or amendment to any person or \ncircumstance is held to be unconstitutional, the remainder of this Act, \nthe amendments made by this Act, and the application of such provision \nor amendment to any person or circumstance shall not be affected \nthereby.\n ","summary":"Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature and total amount of expenditures proposed for political activities for the forthcoming fiscal year. And (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure meets the requirements of this Act. And (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of such prohibition a breach of the fiduciary duty of the officers and directors who authorized the expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any individual shareholder or class of individuals who held shares at the time of such expenditure for three times the expenditure's amount. Requires institutional investment managers to disclose annually in mandatory reports how they voted on corporate political expenditures. Requires the Securities and Exchange Commission (SEC) to promulgate regulations requiring: (1) investment managers to report how they voted within 30 days after the vote. And (2) the report to be made available to the public through the EDGAR system. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to either divest from, or not to invest in, the securities of an issuer based upon political expenditures made by that issuer. Applies this prohibition only to an institutional investment manager, or its employees, officers, or directors, that makes such disclosures in accordance with SEC regulations. Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer whose corporate bylaws do not expressly provide for a vote by its board of directors on any individual expenditure: (1) for political activities in excess of $50,000. Or (2) that makes the total expenditures by the issuer for a particular election $50,000 or more. Requires an issuer to make the individual votes of the directors regarding any such expenditure publicly available within 48 hours. Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter, along with specified details, and the individual votes by board members authorizing such expenditures. (2) make such reports publicly available on its SEC website and through the EDGAR system. And (3) require each issuer to include in its annual report to shareholders a summary of all expenditures for political activities made during the preceding year in excess of $10,000. Directs the SEC to require each issuer to: (1) obtain and disclose in its mandatory reports any materials created with or purchased by any expenditure for political activities. And (2) disclose such materials in a clear and conspicuous location on its Internet website within 48 hours of obtaining the materials. Directs the SEC to assess and report to Congress annually on the compliance of public corporations and their management with the requirements of this Act. Requires the Comptroller General to evaluate and report periodically to Congress on the effectiveness of the SEC's oversight of its reporting and disclosure requirements.","title":"To amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes.","text_len":12375,"sum_len":3718} {"bill_id":"113_hr4414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Expatriate Health Coverage \nClarification Act of 2014''.\n\nSEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.\n\n (a) In General.--Subject to subsection (b), the provisions of \n(including any amendment made by) the Patient Protection and Affordable \nCare Act (Public Law 111-148) and of title I and subtitle B of title II \nof the Health Care and Education Reconciliation Act of 2010 (Public Law \n111-152) shall not apply with respect to--\n (1) expatriate health plans;\n (2) employers with respect to any such plans for which such \n employers are acting as plan sponsors; or\n (3) expatriate health insurance issuers with respect to \n coverage offered by such issuers under such plans.\n (b) Minimum Essential Coverage and Eligible Employer-Sponsored \nPlan.--For purposes of section 5000A(f) of the Internal Revenue Code of \n1986, and any other section of the Internal Revenue Code of 1986 that \nincorporates the definition of minimum essential coverage provided \nunder such section 5000A(f) by reference, coverage under an expatriate \nhealth plan shall be deemed to be minimum essential coverage under an \neligible employer-sponsored plan as defined in paragraph (2) of such \nsection.\n (c) Qualified Expatriates and Dependents Not United States Health \nRisk.--\n (1) In general.--For purposes of section 9010 of the \n Patient Protection and Affordable Care Act (26 U.S.C. 4001 note \n prec.), for calendar years after 2014, a qualified expatriate \n (and any dependent of such individual) enrolled in an \n expatriate health plan shall not be considered a United States \n health risk.\n (2) Special rule for 2014.--The fee under section 9010 of \n such Act for calendar year 2014 with respect to any expatriate \n health insurance issuer shall be the amount which bears the \n same ratio to the fee amount determined by the Secretary of the \n Treasury with respect to such issuer under such section for \n such year (determined without regard to this paragraph) as--\n (A) the amount of premiums taken into account under \n such section with respect to such issuer for such year, \n less the amount of premiums for expatriate health plans \n taken into account under such section with respect to \n such issuer for such year, bears to\n (B) the amount of premiums taken into account under \n such section with respect to such issuer for such year.\n (d) Definitions.--In this section:\n (1) Expatriate health insurance issuer.--The term \n ``expatriate health insurance issuer'' means a health insurance \n issuer that issues expatriate health plans.\n (2) Expatriate health plan.--The term ``expatriate health \n plan'' means a group health plan, health insurance coverage \n offered in connection with a group health plan, or health \n insurance coverage offered to a group of individuals described \n in paragraph (3)(B) (which may include dependents of such \n individuals) that meets each of the following standards:\n (A) Substantially all of the primary enrollees in \n such plan or coverage are qualified expatriates, with \n respect to such plan or coverage. In applying the \n previous sentence, an individual shall not be taken \n into account as a primary enrollee if the individual is \n not a national of the United States and resides in the \n country of which the individual is a citizen.\n (B) Substantially all of the benefits provided \n under the plan or coverage are not excepted benefits \n described in section 9832(c) of the Internal Revenue \n Code of 1986.\n (C) The plan or coverage provides benefits for \n items and services, in excess of emergency care, \n furnished by health care providers--\n (i) in the case of individuals described in \n paragraph (3)(A), in the country or countries \n in which the individual is present in \n connection with the individual's employment, \n and such other country or countries as the \n Secretary of Health and Human Services, in \n consultation with the Secretary of the Treasury \n and the Secretary of Labor, may designate; or\n (ii) in the case of individuals described \n in paragraph (3)(B), in the country or \n countries as the Secretary of Health and Human \n Services, in consultation with the Secretary of \n the Treasury and the Secretary of Labor, may \n designate.\n (D) In the case of an expatriate health plan that \n is a group health plan offered by a plan sponsor that--\n (i) also offers a qualifying minimum value \n domestic group health plan, the plan sponsor \n reasonably believes that the benefits provided \n by the expatriate health plan are actuarially \n similar to, or better than, the benefits \n provided under a qualifying minimum value \n domestic group health plan offered by that plan \n sponsor; or\n (ii) does not also offer a qualifying \n minimum value domestic group health plan, the \n plan sponsor reasonably believes that the \n benefits provided by the expatriate health plan \n are actuarially similar to, or better than, the \n benefits provided under a qualifying minimum \n value domestic group health plan.\n (E) If the plan or coverage provides dependent \n coverage of children, the plan or coverage makes such \n dependent coverage available for adult children until \n the adult child turns 26 years of age, unless such \n individual is the child of a child receiving dependent \n coverage.\n (F) The plan or coverage--\n (i) is issued by an expatriate health plan \n issuer, or administered by an administrator, \n that maintains, with respect to such plan or \n coverage--\n (I) network provider agreements \n with health care providers that are \n outside of the United States; and\n (II) call centers in more than one \n country and accepts calls from \n customers in multiple languages; and\n (ii) offers reimbursements for items or \n services under such plan or coverage in more \n than two currencies.\n (G) The plan or coverage, and the plan sponsor or \n expatriate health insurance issuer with respect to such \n plan or coverage, satisfies the provisions of title \n XXVII of the Public Health Service Act (42 U.S.C. 300gg \n et seq.), chapter 100 of the Internal Revenue Code of \n 1986, and part 7 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974 (29 \n U.S.C. 1181 et seq.), which would otherwise apply to \n such a plan or coverage, and sponsor or issuer, if not \n for the enactment of the Patient Protection and \n Affordable Care Act and title I and subtitle B of title \n II of the Health Care and Education Reconciliation Act \n of 2010.\n (3) Qualified expatriate.--The term ``qualified \n expatriate'' means any of the following individuals:\n (A) Workers.--An individual who is a participant in \n a group health plan, who is an alien residing outside \n the United States, a national of the United States, \n lawful permanent resident, or nonimmigrant for whom \n there is a good faith expectation by the plan sponsor \n of the plan that, in connection with the individual's \n employment, the individual is abroad for a total of not \n less than 180 days during any period of 12 consecutive \n months.\n (B) Other individuals abroad.--An individual, such \n as a student or religious missionary, who is abroad, \n and who is a member of a group determined appropriate \n by the Secretary of Health and Human Services, in \n consultation with the Secretary of the Treasury and the \n Secretary of Labor.\n (4) Qualifying minimum value domestic group health plan.--\n The term ``qualifying minimum value domestic group health \n plan'' means a group health plan that is offered in the United \n States that meets the following requirements:\n (A) Substantially all of the primary enrollees in \n the plan are not qualified expatriates, with respect to \n such plan.\n (B) Substantially all of the benefits provided \n under the plan are not excepted benefits described in \n section 9832(c) of the Internal Revenue Code of 1986.\n (C) The application of section 36B(c)(2)(C)(ii) of \n such Code to such plan would not prevent an employee \n eligible for coverage under such plan from being \n treated as eligible for minimum essential coverage for \n purposes of section 36B(c)(2)(B) of such Code.\n (5) Abroad.--\n (A) United states nationals.--\n (i) In general.--Except as provided in \n clause (ii), for purposes of applying paragraph \n (3) to a national of the United States, the \n term ``abroad'' means outside the 50 States, \n the District of Columbia, and Puerto Rico.\n (ii) Special rule.--For purposes of \n applying paragraph (3) to a national of the \n United States who resides in the United States \n Virgin Islands, the Commonwealth of the \n Northern Mariana Islands, American Samoa, or \n Guam, the term ``abroad'' means outside of the \n 50 States, the District of Columbia, Puerto \n Rico, and such territory or possession.\n (B) Foreign citizens.--For purposes of applying \n paragraph (3) to an individual who is not a national of \n the United States, the term ``abroad'' means outside of \n the country of which that individual is a citizen.\n (6) United states.--The term ``United States'' means the 50 \n States, the District of Columbia, Puerto Rico, the United \n States Virgin Islands, the Commonwealth of the Northern Mariana \n Islands, American Samoa, and Guam.\n (7) Miscellaneous terms.--\n (A) Group health plan; health insurance coverage; \n health insurance issuer; plan sponsor.--The terms \n ``group health plan'', ``health insurance coverage'', \n ``health insurance issuer'', and ``plan sponsor'' have \n the meanings given those terms in section 2791 of the \n Public Health Service Act (42 U.S.C. 300gg-91), except \n that in applying such terms under this section the term \n ``health insurance issuer'' includes a foreign \n corporation which is predominantly engaged in an \n insurance business and which would be subject to tax \n under subchapter L of chapter 1 of the Internal Revenue \n Code of 1986 if it were a domestic corporation.\n (B) Foreign state; national of the united states; \n nonimmigrant; reside; lawful permanent resident.--The \n terms ``national of the United States'', and \n ``nonimmigrant'' have the meaning given such terms in \n section 101(a) of the Immigration and Nationality Act \n (8 U.S.C. 1101(a)), the term ``reside'' means having a \n residence (within the meaning of such term in such \n section), and the term ``lawful permanent resident'' \n means an alien lawfully admitted for permanent \n residence (as defined in such section).\n\n Passed the House of Representatives April 29, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code. Declares that a qualified expatriate enrolled in an expatriate health plan shall not be considered a US health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any US health risk for any year after 2014. Establishes a special rule for calculating the amount of this fee for calendar 2014. Defines a qualified expatriate as: (1) a participant in a group health plan who is an alien residing outside the United States, a US national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period. Or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS).","title":"Expatriate Health Coverage Clarification Act of 2014","text_len":13794,"sum_len":1334} {"bill_id":"103_s2163","text":"That the 29th Division \nAssociation, Incorporated, a nonprofit corporation organized under the \nlaws of the State of New Jersey, is recognized as such and is granted a \nFederal charter.\n\n powers\n\n Sec. 2. The 29th Division Association, Incorporated (hereinafter in \nthis Act referred to as the ``corporation''), shall have only those \npowers granted to it through its bylaws and articles of incorporation \nfiled in the State or States in which it is incorporated and subject to \nthe laws of such State or States.\n\n objects and purposes of corporation\n\n Sec. 3. The objects and purposes of the corporation are those \nprovided in its articles of incorporation and shall include--\n (1) the promotion of fellowship among its members;\n (2) the perpetuation of the record of the 29th Division, \n United States Army, in the World Wars;\n (3) the promotion of the welfare of its members, their \n families, and the families of the members of the Division who \n lost their lives in the service of Our Country;\n (4) the consideration of questions concerning the military \n policy of the United States of America; and\n (5) to uphold and defend the Constitution of the United \n States of America.\n\n service of process\n\n Sec. 4. With respect to service of process, the corporation shall \ncomply with the laws of the State or States in which it is incorporated \nand the State or States in which it carries on its activities in \nfurtherance of its corporate purposes.\n\n membership\n\n Sec. 5. (a) Subject to subsection (b), eligibility for membership \nin the corporation and the rights and privileges of members of the \ncorporation shall be as provided in the constitution and bylaws of the \ncorporation.\n (b) Terms of membership and requirements for holding office within \nthe corporation shall not discriminate on the basis of race, color, \nnational origin, sex, religion, or handicapped status.\n\n board of directors; composition; responsibilities\n\n Sec. 6. The composition of the board of directors of the \ncorporation and the responsibilities of such board shall be as provided \nin the articles of incorporation of the corporation and shall be in \nconformity with the laws of the State or States in which it is \nincorporated.\n\n officers of corporation\n\n Sec. 7. The positions of officers of the corporation and the \nelection of members to such positions shall be as provided in the \narticles of incorporation of the corporation and shall be in conformity \nwith the laws of the State or States in which it is incorporated.\n\n restrictions\n\n Sec. 8. (a) No part of the income or assets of the corporation may \ninure to the benefit of any member, officer, or director of the \ncorporation or be distributed to any such individual during the life of \nthis charter. Nothing in this subsection shall be construed to prevent \nthe payment of reasonable compensation to the officers of the \ncorporation or reimbursement for actual and necessary expenses in \namounts approved by the board of directors.\n (b) The corporation may not make any loan to any officer, director, \nor employee of the corporation.\n (c) The corporation may not contribute to, support, or otherwise \nparticipate in any political activity or attempt in any manner to \ninfluence legislation. No officer or director of the corporation, \nacting as such officer or director, may commit any act prohibited under \nthis subsection.\n (d) The corporation shall have no power to issue any shares of \nstock nor to declare or pay any dividends.\n (e) The corporation shall not claim congressional approval or \nFederal Government authority for any of its activities.\n\n liability\n\n Sec. 9. The corporation shall be liable for the acts of its \nofficers and agents whenever such officers and agents have acted within \nthe scope of their authority.\n\n books and records; inspection\n\n Sec. 10. The corporation shall keep correct and complete books and \nrecords of account and minutes of any proceeding of the corporation \ninvolving any of its members, the board of directors, or any committee \nhaving authority under the board of directors. The corporation shall \nkeep, at its principal office, a record of the names and addresses of \nall members having the right to vote in any proceeding of the \ncorporation. All books and records of such corporation may be inspected \nby any member having the right to vote in any corporation proceeding, \nor by any agent or attorney of such member, for any proper purpose at \nany reasonable time. Nothing in this section shall be construed to \ncontravene any applicable State law.\n\n audit of financial transactions\n\n Sec. 11. The first section of the Act entitled ``An Act to provide \nfor audit of accounts of private corporations established under Federal \nlaw'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding \nat the end thereof the following:\n ``(74) 29th Division Association, Incorporated.''.\n\n annual report\n\n Sec. 12. The corporation shall report annually to the Congress \nconcerning the activities of the corporation during the preceding \nfiscal year. Such annual report shall be submitted at the same time as \nthe report of the audit of the corporation required by section 2 of the \nAct entitled ``An Act to provide for audit of accounts of private \ncorporations established under Federal law'', approved August 30, 1964 \n(36 U.S.C. 1101). The report shall not be printed as a public document.\n\n reservation of right to amend, alter, or repeal charter\n\n Sec. 13. The right to amend, alter, or repeal this Act is expressly \nreserved to the Congress.\n\n definition of state\n\n Sec. 14. For purposes of this Act, the term ``State'' includes the \nDistrict of Columbia, the Commonwealth of Puerto Rico, the Commonwealth \nof the Northern Mariana Islands, and the territories and possessions of \nthe United States.\n\n tax-exempt status\n\n Sec. 15. The corporation shall maintain its status as an \norganization exempt from taxation as provided in the Internal Revenue \nCode of 1986.\n\n termination\n\n Sec. 16. If the corporation fails to comply with any of the \nrestrictions or provisions of this Act, the charter granted by this Act \nshall expire.","summary":"Grants a Federal Charter to the 29th Division Associated, Inc.","title":"A bill to recognize the organization known as the 29th Division Associated, Incorporated.","text_len":6634,"sum_len":62} {"bill_id":"106_hr2126","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``After School Education and Anti-\nCrime Act of 1999''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to improve academic and social outcomes \nfor students and reduce both juvenile crime and the risk that youth \nwill become victims of crime by providing productive activities during \nafter school hours.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) Today's youth face far greater social risks than did \n their parents and grandparents.\n (2) Students spend more of their waking hours alone, \n without supervision, companionship, or activity, than the \n students spend in school.\n (3) Law enforcement statistics show that youth who are ages \n 12 through 17 are most at risk of committing violent acts and \n being victims of violent acts between 3 p.m. and 6 p.m.\n (4) The consequences of academic failure are more dire in \n 1999 than ever before.\n (5) After school programs have been shown in many States to \n help address social problems facing our Nation's youth, such as \n drugs, alcohol, tobacco, and gang involvement.\n (6) Many of our Nation's governors endorse increasing the \n number of after school programs through a Federal\/State \n partnership.\n (7) Over 450 of the Nation's leading police chiefs, \n sheriffs, and prosecutors, along with presidents of the \n Fraternal Order of Police and the International Union of Police \n Associations, which together represent 360,000 police officers, \n have called upon public officials to provide after school \n programs that offer recreation, academic support, and community \n service experience, for school-age children and teens in the \n United States.\n (8) One of the most important investments that we can make \n in our children is to ensure that they have safe and positive \n learning environments in the after school hours.\n\nSEC. 4. GOALS.\n\n The goals of this Act are as follows:\n (1) To increase the academic success of students.\n (2) To promote safe and productive environments for \n students in the after school hours.\n (3) To provide alternatives to drug, alcohol, tobacco, and \n gang activity.\n (4) To reduce juvenile crime and the risk that youth will \n become victims of crime during after school hours.\n\nSEC. 5. PROGRAM AUTHORIZATION.\n\n Section 10903 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8243) is amended--\n (1) in subsection (a)--\n (A) in the subsection heading, by inserting ``to \n Local Educational Agencies for Schools'' after \n ``Secretary''; and\n (B) by striking ``rural and inner-city public'' and \n all that follows through ``or to'' and inserting \n ``local educational agencies for the support of public \n elementary schools or secondary schools, including \n middle schools, that serve communities with substantial \n needs for expanded learning opportunities for children \n and youth in the communities, to enable the schools to \n establish or''; and\n (C) by striking ``a rural or inner-city community'' \n and inserting ``the communities'';\n (2) in subsection (b)--\n (A) by striking ``States, among'' and inserting \n ``States and among''; and\n (B) by striking ``United States,'' and all that \n follows through ``a State'' and inserting ``United \n States''; and\n (3) in subsection (c), by striking ``3'' and inserting \n ``5''.\n\nSEC. 6. APPLICATIONS.\n\n Section 10904 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8244) is amended--\n (1) by redesignating subsection (b) as subsection (c);\n (2) in subsection (a)--\n (A) in the matter preceding paragraph (1)--\n (i) in the first sentence, by striking ``an \n elementary or secondary school or consortium'' \n and inserting ``a local educational agency''; \n and\n (ii) in the second sentence, by striking \n ``Each such'' and inserting the following:\n ``(b) Contents.--Each such''; and\n (3) in subsection (b) (as so redesignated)--\n (A) in paragraph (1), by striking ``or \n consortium'';\n (B) in paragraph (2), by striking ``and'' after the \n semicolon; and\n (C) in paragraph (3)--\n (i) in subparagraph (B), by inserting ``, \n including programs under the Child Care and \n Development Block Grant Act of 1990 (42 U.S.C. \n 9858 et seq.)'' after ``maximized'';\n (ii) in subparagraph (C), by inserting \n ``students, parents, teachers, school \n administrators, local government, including law \n enforcement organizations such as Police \n Athletic and Activity Leagues,'' after \n ``agencies,'';\n (iii) in subparagraph (D), by striking ``or \n consortium''; and\n (iv) in subparagraph (E)--\n (I) in the matter preceding clause \n (i), by striking ``or consortium''; and\n (II) in clause (ii), by striking \n the period and inserting a semicolon; \n and\n (E) by adding at the end the following:\n ``(4) information demonstrating that the local educational \n agency will--\n ``(A) provide not less than 35 percent of the \n annual cost of the activities assisted under the \n project from sources other than funds provided under \n this part, which contribution may be provided in cash \n or in kind, fairly evaluated; and\n ``(B) provide not more than 25 percent of the \n annual cost of the activities assisted under the \n project from funds provided by the Secretary under \n other Federal programs that permit the use of those \n other funds for activities assisted under the project; \n and\n ``(5) an assurance that the local educational agency, in \n each year of the project, will maintain the agency's fiscal \n effort, from non-Federal sources, from the preceding fiscal \n year for the activities the local educational agency provides \n with funds provided under this part.''.\n\nSEC. 7. USES OF FUNDS.\n\n Section 10905 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8245) is amended--\n (1) by striking the matter preceding paragraph (1) and \n inserting:\n ``(a) In General.--Grants awarded under this part may be used to \nestablish or expand community learning centers. The centers may provide \n1 or more of the following activities:'';\n (2) in subsection (a)(11) (as redesignated by paragraph \n (1)), by inserting ``, and job skills preparation'' after \n ``placement''; and\n (3) by adding at the end the following:\n ``(14) After school programs, that--\n ``(A) shall include at least 2 of the following--\n ``(i) mentoring programs;\n ``(ii) academic assistance;\n ``(iii) recreational activities; or\n ``(iv) technology training; and\n ``(B) may include--\n ``(i) drug, alcohol, and gang prevention \n activities;\n ``(ii) health and nutrition counseling; and\n ``(iii) job skills preparation activities.\n ``(b) Limitation.--Not less than \\2\/3\\ of the amount appropriated \nunder section 10907 for each fiscal year shall be used for after school \nprograms, as described in paragraph (14). Such programs may also \ninclude activities described in paragraphs (1) through (13) that offer \nexpanded opportunities for children or youth.''.\n\nSEC. 8. ADMINISTRATION.\n\n Section 10905 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8245) is amended by adding at the end the following:\n ``(c) Administration.--In carrying out the activities described in \nsubsection (a), a local educational agency or school shall, to the \ngreatest extent practicable--\n ``(1) request volunteers from business and academic \n communities, and law enforcement organizations, such as Police \n Athletic and Activity Leagues, to serve as mentors or to assist \n in other ways;\n ``(2) ensure that youth in the local community participate \n in designing the after school activities;\n ``(3) develop creative methods of conducting outreach to \n youth in the community;\n ``(4) request donations of computer equipment and other \n materials and equipment; and\n ``(5) work with State and local park and recreation \n agencies so that activities carried out by the agencies prior \n to the date of enactment of this subsection are not duplicated \n by activities assisted under this part.''.\n\nSEC. 9. COMMUNITY LEARNING CENTER DEFINED.\n\n Section 10906 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including \nlaw enforcement organizations such as the Police Athletic and Activity \nLeague'' after ``governmental agencies''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 10907 of the 21st Century Community Learning Centers Act \n(20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year \n1995'' and all that follows and inserting ``$600,000,000 for each of \nfiscal years 2000 through 2004, to carry out this part.''.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, take effect on \nOctober 1, 1999.","summary":"Requires an LEA, to be eligible to receive a grant, to submit an application including: (1) information demonstrating that the LEA will provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under the Act, which may be provided in cash or in kind, and provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit their use. And (2) an assurance that the LEA, in each year of the project, will maintain the agency's fiscal effort, from non-Federal sources, from the preceding fiscal year. Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified activities, including after school programs that: (1) include mentoring programs, academic assistance, recreational activities, or technology training. And (2) may include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Limits the amount of appropriated funds that may be used for after school programs. Directs an LEA to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways. (2) ensure that youth in the local community participate in designing the after school activities. (3) develop creative methods of conducting outreach to youth in the community. (4) request donations of computer equipment and other materials and equipment. And (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated. Authorizes appropriations.","title":"After School Education and Anti-Crime Act of 1999","text_len":10700,"sum_len":1803} {"bill_id":"114_s669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Congressional Oversight Act of \n2015''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Joint plan of action.--The term ``Joint Plan of \n Action''--\n (A) means the Joint Plan of Action, signed at \n Geneva November 24, 2013, by Iran and the P5-plus-1 \n countries; and\n (B) includes all implementing materials and \n agreements related to the Joint Plan of Action, \n including the technical understandings reached on \n January 12, 2014, the extension agreed to on July 19, \n 2014, and the extension agreed to on November 24, 2014.\n (2) P5-plus-1 countries.--The term ``P5-plus-1 countries'' \n means the United States, France, the Russian Federation, the \n People's Republic of China, the United Kingdom, and Germany.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) The acquisition of a nuclear weapon by the Islamic \n Republic of Iran would pose a grave and serious threat to \n international peace and security, including the national \n security of the United States and its allies.\n (2) The United States has led the international community \n in imposing unprecedented and crippling sanctions with respect \n to the nuclear program of Iran, which have helped to persuade \n the leadership of Iran to return to the negotiating table.\n (3) On November 24, 2013, Iran and the P5-plus-1 countries, \n made up of the 5 permanent members of the United Nations \n Security Council and Germany, entered into the Joint Plan of \n Action in order to establish verifiable limits on the nuclear \n activities of Iran that are of greatest concern with respect to \n proliferation and to facilitate negotiations toward a final \n comprehensive arrangement that would prevent Iran from \n developing a nuclear weapon.\n (4) On November 24, 2014, the P5-plus-1 countries and Iran \n extended the Joint Plan of Action to allow negotiations to \n continue with the goal of achieving a political framework \n arrangement by the end of March 2015, and full technical \n details by July 1, 2015.\n (5) Under the Joint Plan of Action, the Government of Iran \n has, among other steps, ceased enrichment of uranium to near-20 \n percent fissile U-235, neutralized its stockpile of 20-percent \n enriched uranium gas, halted major construction on its heavy \n water reactor at Arak, halted the installation of additional \n centrifuges and not operated its more advanced centrifuge \n machines to accumulate enriched uranium, allowed more frequent \n and intrusive inspections by the International Atomic Energy \n Agency, and allowed managed access to centrifuge production-\n related facilities and uranium mines and mills.\n (6) The International Atomic Energy Agency has reported, \n including in a January 20, 2015, report, that Iran has complied \n with its obligations under the Joint Plan of Action.\n (7) Iran has a history of deceit when it comes to its \n nuclear program and any final comprehensive arrangement must be \n airtight and verifiable to ensure that Iran will live up to its \n commitments.\n (8) The United States reserves the option to impose or \n reimpose certain sanctions in the event that Iran violates the \n Joint Plan of Action or any successor arrangement agreed to by \n the P5-plus-1 countries and Iran.\n (9) In his State of the Union address on January 20, 2015, \n President Barack Obama said, ``[We have a chance to negotiate a \n comprehensive agreement that prevents a nuclear-armed Iran, \n secures America and our allies--including Israel, while \n avoiding yet another Middle East conflict. There are no \n guarantees that negotiations will succeed, and I keep all \n options on the table to prevent a nuclear Iran.''.\n\nSEC. 4. ASSESSMENTS OF COMPLIANCE OF IRAN WITH NUCLEAR ARRANGEMENTS.\n\n (a) In General.--During the period during which the Joint Plan of \nAction or a successor arrangement with Iran is in effect, the President \nshall submit to Congress not less frequently than once every 90 days a \nreport assessing the compliance of Iran with the Joint Plan of Action \nor the successor arrangement, as the case may be.\n (b) Determinations Required.--Each report required by subsection \n(a) with respect to the Joint Plan of Action or a successor arrangement \nshall include a determination by the President, made in consultation \nwith the Director of National Intelligence, of the following:\n (1) Whether Iran has failed to fulfill the terms of the \n Joint Plan of Action or the successor arrangement.\n (2) Whether Iran has attempted to circumvent inspections by \n the International Atomic Energy Agency or has otherwise \n attempted to circumvent enforcement of the Joint Plan of Action \n or the successor arrangement.\n (3) Whether the International Atomic Energy Agency or any \n of the P5-plus-1 countries has accused Iran of violating the \n Joint Plan of Action or the successor arrangement and, if so, \n whether the accusation is credible and whether Iran has been \n apprised of the accusation.\n (c) Certification Required.--The President shall submit, with each \nreport required by subsection (a), an unclassified certification by the \nPresident, made in consultation with the Director of National \nIntelligence, of whether Iran has complied with or violated the terms \nof the Joint Plan of Action or a successor arrangement.\n (d) Form of Reports.--Expect as provided in subsection (c), each \nreport required by subsection (a) may be submitted in classified form \nor containing a classified annex, as appropriate.\n\nSEC. 5. EXPEDITED CONSIDERATION OF LEGISLATION TO REINSTATE WAIVED OR \n SUSPENDED SANCTIONS AFTER A VIOLATION OF A NUCLEAR \n ARRANGEMENT BY IRAN.\n\n (a) In General.--If a report required by section 4(a) is \naccompanied by a certification under section 4(c) by the President that \nIran has violated the Joint Plan of Action or any successor \narrangement, Congress may initiate expedited consideration of \nqualifying legislation pursuant to this section.\n (b) Qualifying Legislation Defined.--For the purposes of this \nsection, the term ``qualifying legislation'' means only a bill of \neither House of Congress--\n (1) that is introduced not later than 3 calendar days after \n the date on which the report described in subsection (a) is \n received by Congress;\n (2) the title of which is as follows: ``A bill reinstating \n sanctions imposed with respect to Iran and prohibiting the \n release of funds or assets to Iran.''; and\n (3) the matter after the enacting clause of which is as \n follows: ``All sanctions imposed with respect to Iran that were \n waived or suspended pursuant to the Joint Action Plan (as \n defined in section 2 of the Iran Congressional Oversight Act of \n 2015) or a successor arrangement are reinstated and the release \n of funds or assets to Iran pursuant to the Joint Action Plan or \n a successor arrangement is prohibited.''.\n (c) Fast Track Consideration in House of Representatives.--\n (1) Reconvening.--Upon receipt of a report described in \n subsection (a), the Speaker of the House of Representatives, if \n the House would otherwise be adjourned, shall notify the \n Members of the House that, pursuant to this section, the House \n shall convene not later than the second calendar day after \n receipt of the report.\n (2) Reporting and discharge.--Any committee of the House of \n Representatives to which qualifying legislation is referred \n shall report it to the House not later than 5 calendar days \n after the date of receipt of the report described in subsection \n (a). If a committee fails to report the qualifying legislation \n within that period, the committee shall be discharged from \n further consideration of the qualifying legislation and the \n qualifying legislation shall be referred to the appropriate \n calendar.\n (3) Proceeding to consideration.--After each committee \n authorized to consider qualifying legislation reports it to the \n House or has been discharged from its consideration, it shall \n be in order, not later than the sixth day after Congress \n receives the report described in subsection (a), to move to \n proceed to consider the qualifying legislation in the House. \n All points of order against the motion are waived. Such a \n motion shall not be in order after the House has disposed of a \n motion to proceed on the qualifying legislation. The previous \n question shall be considered as ordered on the motion to its \n adoption without intervening motion. The motion shall not be \n debatable. A motion to reconsider the vote by which the motion \n is disposed of shall not be in order.\n (4) Consideration.--The qualifying legislation shall be \n considered as read. All points of order against the qualifying \n legislation and against its consideration are waived. The \n previous question shall be considered as ordered on the \n qualifying legislation to its passage without intervening \n motion except 2 hours of debate equally divided and controlled \n by the proponent and an opponent. A motion to reconsider the \n vote on passage of the qualifying legislation shall not be in \n order.\n (d) Fast Track Consideration in Senate.--\n (1) Reconvening.--Upon receipt of a report described in \n subsection (a), if the Senate has adjourned or recessed for \n more than 2 days, the majority leader of the Senate, after \n consultation with the minority leader of the Senate, shall \n notify the Members of the Senate that, pursuant to this \n section, the Senate shall convene not later than the second \n calendar day after receipt of the report.\n (2) Placement on calendar.--Upon introduction in the \n Senate, the qualifying legislation shall be placed immediately \n on the calendar.\n (3) Floor consideration.--\n (A) In general.--Notwithstanding Rule XXII of the \n Standing Rules of the Senate, it is in order at any \n time during the period beginning on the fourth day \n after the date on which Congress receives a report \n described in subsection (a) and ending on the sixth day \n after the date on which Congress receives that report \n (even though a previous motion to the same effect has \n been disagreed to) to move to proceed to the \n consideration of the qualifying legislation, and all \n points of order against the qualifying legislation (and \n against consideration of the qualifying legislation) \n are waived. The motion to proceed is not debatable. The \n motion is not subject to a motion to postpone. A motion \n to reconsider the vote by which the motion is agreed to \n or disagreed to shall not be in order. If a motion to \n proceed to the consideration of the qualifying \n legislation is agreed to, the qualifying legislation \n shall remain the unfinished business until disposed of.\n (B) Debate.--Debate on the qualifying legislation, \n and on all debatable motions and appeals in connection \n therewith, shall be limited to not more than 10 hours, \n which shall be divided equally between the majority and \n minority leaders or their designees. A motion further \n to limit debate is in order and not debatable. An \n amendment to, or a motion to postpone, or a motion to \n proceed to the consideration of other business, or a \n motion to recommit the qualifying legislation is not in \n order.\n (C) Vote on passage.--The vote on passage shall \n occur immediately following the conclusion of the \n debate on the qualifying legislation, and a single \n quorum call at the conclusion of the debate if \n requested in accordance with the rules of the Senate.\n (D) Rulings of the chair on procedure.--Appeals \n from the decisions of the Chair relating to the \n application of the rules of the Senate, as the case may \n be, to the procedure relating to qualifying legislation \n shall be decided without debate.\n (e) Rules Relating to Senate and House of Representatives.--\n (1) Coordination with action by other house.--If, before \n the passage by one House of qualifying legislation of that \n House, that House receives qualifying legislation from the \n other House, then the following procedures shall apply:\n (A) The qualifying legislation of the other House \n shall not be referred to a committee.\n (B) With respect to qualifying legislation of the \n House receiving the legislation--\n (i) the procedure in that House shall be \n the same as if no qualifying legislation had \n been received from the other House; but\n (ii) the vote on passage shall be on the \n qualifying legislation of the other House.\n (2) Treatment of qualifying legislation of other house.--If \n one House fails to introduce or consider qualifying legislation \n under this section, the qualifying legislation of the other \n House shall be entitled to expedited floor procedures under \n this section.\n (3) Treatment of companion measures.--If, following passage \n of the qualifying legislation in the Senate, the Senate then \n receives the companion measure from the House of \n Representatives, the companion measure shall not be debatable.\n (4) Subsequent measures.--If qualifying legislation has \n been considered under this section in both Houses of Congress \n pursuant to a report described in subsection (a), no further \n qualifying legislation shall be in order until Congress \n receives a new report described in subsection (a).\n (f) Vetoes.--If the President vetoes qualifying legislation, debate \non a veto message in the Senate under this section shall be 1 hour \nequally divided between the majority and minority leaders or their \ndesignees.\n (g) Rules of House of Representatives and Senate.--This section and \nsection 6 are enacted by Congress--\n (1) as an exercise of the rulemaking power of the Senate \n and the House of Representatives, respectively, and as such are \n deemed a part of the rules of each House, respectively, but \n applicable only with respect to the procedure to be followed in \n that House in the case of legislation described in those \n sections, and supersede other rules only to the extent that \n they are inconsistent with such rules; and\n (2) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 6. CONSIDERATION IN THE SENATE OF ADDITIONAL LEGISLATION TO \n FURTHER RESPOND TO A VIOLATION BY IRAN OF A NUCLEAR \n ARRANGEMENT.\n\n (a) In General.--Notwithstanding Rule XXII of the Standing Rules of \nthe Senate, it is in order at any time during the 30-day period \nbeginning on the date on which a report described in section 5(a) is \nreceived by Congress (even though a previous motion to the same effect \nhas been disagreed to) to move to proceed to the consideration of \nlegislation described in subsection (b), and all points of order \nagainst the legislation (and against consideration of the legislation) \nare waived. The motion to proceed is not debatable. The motion is not \nsubject to a motion to postpone. A motion to reconsider the vote by \nwhich the motion is agreed to or disagreed to shall not be in order. If \na motion to proceed to the consideration of the legislation is agreed \nto, the legislation shall remain the unfinished business until disposed \nof.\n (b) Legislation Described.--Legislation described in this \nsubsection is such legislation as the majority leader of the Senate, \nafter consultation with the minority leader, determines necessary to \nfurther respond to a violation by Iran the Joint Plan of Action or any \nsuccessor arrangement.\n\nSEC. 7. ROLE OF CONGRESS IN LIFTING CONGRESSIONALLY MANDATED SANCTIONS.\n\n If the United States is a party to a comprehensive long-term \narrangement with Iran relating to its nuclear program under which the \nUnited States commits to lifting sanctions imposed pursuant to any \nprovision of law included in a duly enacted Act of Congress, that \nprovision of law shall remain in effect until, consistent with section \n7 of article I of the Constitution of the United States and \nnotwithstanding the arrangement, repealed by an Act of Congress or \nterminated pursuant to another provision of law.","summary":"Iran Congressional Oversight Act of 2015 This bill directs the President, during the period which the Joint Plan of Action or a successor arrangement with Iran is in effect, to report Congress at least once every 90 days regarding Iran's compliance with the Joint Plan of Action or a successor arrangement. (The Joint Plan of Action: (1) means the November 2013 Joint Plan of Action signed by Iran and the P5-plus-1 countries, and Each report shall include a presidential determination and certification, made in consultation with the Director of National Intelligence, on whether Iran has complied with or violated the terms of the Joint Plan of Action or a successor arrangement. Congress may initiate expedited consideration of legislation to reinstate waived or suspended sanctions if a report is accompanied by a presidential certification that Iran has violated the Joint Plan of Action or any successor arrangement. It is in order during the 30-day period beginning on the date on which a report is received by Congress for the Senate to move to proceed to the consideration of legislation to further respond to an Iranian violation of the Joint Plan of Action or any successor arrangement. The following shall apply: all points of order against the legislation are waived, the motion to proceed is not debatable, the motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. And if a motion to proceed to the consideration of the legislation is agreed to, the legislation shall remain the unfinished business until disposed of. If the United States is a party to a comprehensive long-term arrangement with Iran relating to its nuclear program under which the United States commits to lifting sanctions imposed pursuant to a provision of law included in a duly enacted Act of Congress, that provision shall remain in effect until repealed by an Act of Congress or terminated pursuant to another provision of law.","title":"Iran Congressional Oversight Act of 2015","text_len":18220,"sum_len":2012} {"bill_id":"110_hr2056","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Part D Improvement Act of \n2007''.\n\nSEC. 2. REFORM OF ``DONUT HOLE''.\n\n (a) Counting Certain Expenditures Towards Out-of-Pocket Limits.--\n (1) In general.--Section 1860D-2(b)(4)(C) of the Social \n Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended--\n (A) in clause (i), by striking ``and'' at the end;\n (B) in clause (ii)--\n (i) by striking ``such costs shall be \n treated as incurred only if'' and inserting \n ``subject to clause (iii), such costs shall be \n treated as incurred if'';\n (ii) by striking ``, under section 1860D-\n 14, or under a State Pharmaceutical Assistance \n Program'';\n (iii) by striking ``(other than under such \n section or such a Program)''; and\n (iv) by striking the period at the end and \n inserting ``; and''; and\n (C) by inserting after clause (ii) the following \n new clause:\n ``(iii) such costs shall be treated as \n incurred and shall not be considered to be \n reimbursed under clause (ii) if such costs are \n borne or paid--\n ``(I) under section 1860D-14;\n ``(II) under a State Pharmaceutical \n Assistance Program;\n ``(III) by the Indian Health \n Service, an Indian tribe or tribal \n organization, or an urban Indian \n organization (as defined in section 4 \n of the Indian Health Care Improvement \n Act);\n ``(IV) by a rural health clinic or \n Federally qualified health center (as \n defined in section 1861(aa));\n ``(V) under an AIDS Drug Assistance \n Program under part B of title XXVI of \n the Public Health Service Act;\n ``(VI) by a pharmaceutical \n manufacturer patient assistance \n program, either directly or through the \n distribution or donation of covered \n part D drugs, which shall be valued at \n the negotiated price of such covered \n part D drug under the enrollee's \n prescription drug plan or MA-PD plan as \n of the date that the drug was \n distributed or donated; or\n ``(VII) by a subsection (d) \n hospital (as defined in section \n 1886(d)(1)(B) that meets the \n requirements of clauses (i) and (ii) of \n the section 340B(a)(4)(L) of the Public \n Health Service Act.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to costs incurred on or after January 1, 2008, for \n plan years beginning on or after such date.\n (b) Report on Closing the Gap.--The Secretary of Health and Human \nServices shall conduct a study on how to eliminate the gap in Medicare \npart D prescription drug coverage created through the application of an \ninitial coverage limit and how to finance such elimination. Not later \nthan 180 days after the date of the enactment of this Act, the \nSecretary shall submit to Congress a report on such study.\n\nSEC. 3. CONFORMING LATE ENROLLMENT PENALTY TO MEDICARE PART B PENALTY \n STRUCTURE.\n\n (a) In General.--Section 1860D-13(b)(3) of the Social Security Act \n(42 U.S.C. 1395w-113(b)(3)) is amended by striking ``is the greater \nof'' and all that follows and inserting the following: ``is 10 percent \nof the base beneficiary premium (as computed under subsection (a)(2)) \nfor each continuous period of 12 consecutive uncovered months in such \nperiod''.\n (b) Not Counting Periods of Non-Enrollment During First Year of \nProgram.--Subparagraph (B) of such section is amended by inserting \n``(after December 2007)'' after ``any month''.\n (c) Presumption of Errors in Enrollment or Nonenrollment Due to \nOfficial Error.--Section 1837(h) of such Act (42 U.S.C. 1395p(h)) is \namended by adding at the end the following: ``In applying the previous \nsentence, an individual's unintentional, inadvertent, or erroneous \nenrollment or nonenrollment shall be presumed to be the result of an \nerror, misrepresentation, or inaction of an officer, employee, or agent \nof the Federal Government, or its instrumentalities, unless the \nSecretary demonstrates otherwise.''.\n (d) Effective Dates.--The amendments made by subsections (a) and \n(b) shall apply to late enrollment penalties for months beginning with \nJanuary 2008. The amendment made by subsection (c) shall take effect on \nJanuary 1, 2008, and shall apply as of such date to enrollments (and \nnon-enrollments) occurring before, on, or after such date.\n\nSEC. 4. MORE FREQUENT CHANGES IN PLANS PERMITTED.\n\n (a) In General.--Section 1860D-1(b)(3) of the Social Security Act \n(42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the \nfollowing new subparagraph:\n ``(F) Same frequency as changes in formularies.--In \n the case of an individual enrolled in a prescription \n drug plan (or MA-PD plan), as often as the Secretary \n permits such plan to make changes in its formulary.''.\n (b) Permitting Change in Enrollment During First 3 Months of Each \nYear as Permitted Under the Medicare Advantage Program.--Section 1860D-\n1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is \namended by striking ``, (C),''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on January 1, 2008.\n\nSEC. 5. LOW INCOME SUBSIDY IMPROVEMENTS.\n\n (a) Removal of Asset Test.--\n (1) In general.--Section 1860D-14(a) of the Social Security \n Act (42 U.S.C. 1395w-114(a)) is amended--\n (A) in paragraph (1), in the matter before \n subparagraph (A), by striking ``and who meets the \n resources requirement described in paragraph (3)(D)''; \n and\n (B) in paragraph (3)--\n (i) in paragraph (3)(A), by adding ``and'' \n at the end of clause (i), by striking ``; and'' \n at the end of clause (ii) and inserting a \n period, and by striking clause (iii); and\n (ii) by striking subparagraphs (D) and (E).\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to benefits for months beginning with January 2008.\n (b) Elimination of Late Enrollment Penalties for Subsidy Eligible \nIndividuals.--\n (1) In general.--Section 1860D-13(b)(2) of the Social \n Security Act (42 U.S.C. 1395w-113(b)(2)) is amended by \n inserting ``who is not a subsidy eligible individual and'' \n after ``an individual''.\n (2) Conforming amendments.--Section 1860D-14 of such Act \n (42 U.S.C. 1395w-114) is amended--\n (A) in subsection (a)(1)(A), by striking ``equal \n to'' and all that follows and inserting the following: \n ``100 percent of the amount described in subsection \n (b)(1), but not to exceed the premium amount specified \n in subsection (b)(2)(B).''; and\n (B) in subsection (b)(2)(B), by striking the last \n sentence.\n (3) Effective date.--The amendments made by this subsection \n shall apply to late enrollment penalties for months beginning \n with January 2008.","summary":"Medicare Part D Improvement Act of 2007 - Amends part D of the Social Security Act to revise requirements for the Medicare prescription drug program with respect to: (1) counting certain expenditures towards out-of-pocket limits. (2) conforming the late enrollment penalty to the Medicare part B penalty structure, (3) allowing more frequent changes in plans. And (4) removing the asset test and eliminating late enrollment penalties for low-income subsidy eligible individuals. Directs the Secretary of Health and Human Services to study and report to Congress on how to: (1) eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit, and (2) finance such elimination.","title":"To amend part D of title XVIII of the Social Security Act to improve the Medicare part D prescription drug program.","text_len":8488,"sum_len":736} {"bill_id":"115_hr640","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency and Accountability of \nFailed Exchanges Act''.\n\nSEC. 2. STATES AWARDED EXCHANGE ESTABLISHMENT GRANTS THAT TERMINATE \n STATE OPERATION OF SUCH AN EXCHANGE REQUIRED TO PROVIDE \n AUDITS OF THE USE OF GRANT FUNDS AND RETURN FUNDS TO THE \n FEDERAL GOVERNMENT.\n\n (a) In General.--Section 1311(a) of the Patient Protection and \nAffordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the \nend the following new paragraph:\n ``(6) Treatment in case of exchange termination.--\n ``(A) In general.--In the case of a State that is \n awarded a grant under this section to establish an \n Exchange and that terminates the operation of such \n Exchange or otherwise transfers the operation of such \n Exchange to an entity other than such State--\n ``(i) not later than 30 days after the date \n of such termination or transfer (or, in the \n case of such a termination or transfer that \n occurred before the date of the enactment of \n this paragraph, not later than 30 days after \n such date of enactment), the State shall submit \n to Congress and the Secretary a report \n containing the results of an audit of how \n amounts awarded to such State pursuant to such \n grant were used; and\n ``(ii) not later than 30 days after the \n date of such termination or transfer (or, in \n the case of such a termination or transfer that \n occurred before the date of the enactment of \n this paragraph, not later than 30 days after \n such date of enactment)--\n ``(I) in accordance with \n subparagraph (B), there are rescinded \n any unobligated amounts awarded to such \n State pursuant to such grant; and\n ``(II) in accordance with \n subparagraph (C), the State shall \n provide to the Administrator of General \n Services any property acquired by such \n State with amounts awarded to such \n State pursuant to such grant and shall \n submit to Congress and the Secretary a \n record of the provision of such \n property to the Administrator.\n ``(B) Retention of funds for deficit reduction.--\n Funds rescinded under subparagraph (A)(ii)(I) shall be \n retained in the general fund of the Treasury for \n Federal budget deficit reduction.\n ``(C) Treatment of property.--The Administrator of \n General Services may--\n ``(i) dispose of any property obtained \n pursuant to subparagraph (A)(ii)(II) through a \n public auction for cash and for not less than \n the fair market value of the property, as \n determined by the Administrator;\n ``(ii) provide to any Federal agency such \n property for official use by such agency; or\n ``(iii) lease or hire such property, and \n may insure such property.\n ``(D) Exemption from certain property disposal \n requirements.--Any disposal of property conducted under \n subparagraph (C)(i) shall not be subject to--\n ``(i) subchapter IV of chapter 5 of \n subtitle I of title 40, United States Code;\n ``(ii) sections 550 and 553 of title 40, \n United States Code;\n ``(iii) section 501 of the McKinney-Vento \n Homeless Assistance Act (42 U.S.C. 11411);\n ``(iv) any other provision of law \n authorizing the no-cost conveyance of property \n owned by the Federal Government; or\n ``(v) any congressional notification \n requirement other than that in section 545 of \n title 40, United States Code.\n ``(E) Income from property.--The Administrator \n shall deposit any income from the disposition, lease, \n or hire of the property obtained pursuant to \n subparagraph (A)(ii)(II) in the general fund of the \n Treasury for Federal budget deficit reduction.''.\n (b) Application of the False Claims Act.--Section 1313(a)(6)(A) of \nthe Patient Protection and Affordable Care Act (42 U.S.C. \n18033(a)(6)(A)) is amended by adding at the end the following: \n``Further, except as otherwise provided for expressly under this Act, \nthe False Claims Act preempts any State enforcement action of alleged \nfraud, waste, and abuse of funds issued pursuant to this Act. States \nthat terminate or transfer their exchange will refer all current and \nfuture matters involving fraud, waste, and abuse of funds issued \npursuant to this Act to the United States Department of Justice. Any \ncurrent or future enforcement action shall be removed to or brought in \nFederal court. All fines, penalties, damages, or awards, monetary or \notherwise, arising out of any current or future enforcement action, \nrepresent Federal funds that shall be returned to the United States.''.\n (c) Enforcement Action.--The Attorney General may bring an action \nbefore the appropriate district court of the United States to enforce \nsection 1311(a)(6) of the Patient Protection and Affordable Care Act \n(42 U.S.C. 18031(a)(6)).\n (d) Effective Date.--The provisions of this section, including the \namendment made by subsection (a), shall apply with respect to grants \nmade before, on, or after the date of the enactment of this Act and to \nterminations and transfers of Exchanges occurring before, on, or after \nsuch date.","summary":"Transparency and Accountability of Failed Exchanges Act This bill amends the Patient Protection and Affordable Care Act (PPACA) to require the Department of Health and Human Services, for certain states awarded a grant to establish a health insurance exchange, to report on how awarded amounts were used and rescind unobligated amounts. This applies to any state that terminates operation of its exchange or transfers operation to another entity. Such a state must provide to the General Services Administration any property acquired through the grant and refer matters involving fraud, waste, and abuse of funds issued pursuant to PPACA to the Department of Justice. Funds rescinded must be retained for federal budget deficit reduction.","title":"Transparency and Accountability of Failed Exchanges Act","text_len":6606,"sum_len":738} {"bill_id":"109_s1037","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mutual Fund Transparency Act of \n2005''.\n\nSEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND \n MUTUAL FUND COMPANIES.\n\n (a) In General.--Section 15(b) of the Securities Exchange Act of \n1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:\n ``(13) Confirmation of transactions for mutual funds.--\n ``(A) In general.--Each broker shall disclose in \n writing to customers that purchase the shares of an \n open-end company registered under section 8 of the \n Investment Company Act of 1940 (15 U.S.C. 80a-8)--\n ``(i) the amount of any compensation \n received or to be received by the broker in \n connection with such transaction from any \n sources; and\n ``(ii) such other information as the \n Commission determines appropriate.\n ``(B) Revenue sharing.--The term `compensation' \n under subparagraph (A) shall include any direct or \n indirect payment made by an investment adviser (or any \n affiliate of an investment adviser) to a broker or \n dealer for the purpose of promoting the sales of \n securities of an open-end company.\n ``(C) Timing of disclosure.--The disclosure \n required under subparagraph (A) shall be made to a \n customer not later than as of the date of the \n completion of the transaction.\n ``(D) Limitation.--The disclosures required under \n subparagraph (A) may not be made exclusively in--\n ``(i) a registration statement or \n prospectus of an open-end company; or\n ``(ii) any other filing of an open-end \n company with the Commission.\n ``(E) Commission authority.--\n ``(i) In general.--The Commission shall \n promulgate such final rules as are necessary to \n carry out this paragraph not later than 1 year \n after the date of enactment of the Mutual Fund \n Transparency Act of 2005.\n ``(ii) Form of disclosure.--Disclosures \n under this paragraph shall be in such form as \n the Commission, by rule, shall require.\n ``(F) Definition.--In this paragraph, the term \n `open-end company' has the same meaning as in section 5 \n of the Investment Company Act of 1940 (15 U.S.C. 80a-\n 5).''.\n (b) Disclosure of Brokerage Commissions.--Section 30 of the \nInvestment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding \nat the end the following:\n ``(k) Disclosure of Brokerage Commissions.--The Commission, by \nrule, shall require that brokerage commissions as an aggregate dollar \namount and percentage of assets paid by an open-end company be included \nin any disclosure of the amount of fees and expenses that may be \npayable by the holder of the securities of such company for purposes \nof--\n ``(1) the registration statement of that open-end company; \n and\n ``(2) any other filing of that open-end company with the \n Commission, including the calculation of expense ratios.''.\n\nSEC. 3. MUTUAL FUND GOVERNANCE.\n\n (a) Independent Fund Boards.--Section 10(a) of the Investment \nCompany Act of 1940 (15 U.S.C. 80a-10(a)) is amended--\n (1) by striking ``shall have'' and inserting the following: \n ``shall--\n ``(1) have'';\n (2) by striking ``60 per centum'' and inserting ``25 \n percent'';\n (3) by striking the period at the end and inserting a \n semicolon; and\n (4) by adding at the end the following:\n ``(2) have as chairman of its board of directors an \n interested person of such registered company; or\n ``(3) have as a member of its board of directors any person \n that is an interested person of such registered investment \n company--\n ``(A) who has served without being approved or \n elected by the shareholders of such registered \n investment company at least once every 5 years; and\n ``(B) unless such director has been found, on an \n annual basis, by a majority of the directors who are \n not interested persons, after reasonable inquiry by \n such directors, not to have any material business or \n familial relationship with the registered investment \n company, a significant service provider to the company, \n or any entity controlling, controlled by, or under \n common control with such service provider, that is \n likely to impair the independence of the director.''.\n (b) Action by Independent Directors.--Section 10 of the Investment \nCompany Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end \nthe following:\n ``(i) Action by Board of Directors.--No action taken by the board \nof directors of a registered investment company may require the vote of \na director who is an interested person of such registered investment \ncompany.\n ``(j) Independent Committee.--\n ``(1) In general.--The members of the board of directors of \n a registered investment company who are not interested persons \n of such registered investment company shall establish a \n committee comprised solely of such members, which committee \n shall be responsible for--\n ``(A) selecting persons to be nominated for \n election to the board of directors; and\n ``(B) adopting qualification standards for the \n nomination of directors.\n ``(2) Disclosure.--The standards developed under paragraph \n (1)(B) shall be disclosed in the registration statement of the \n registered investment company.''.\n (c) Definition of Interested Person.--Section 2(a)(19) of the \nInvestment Company Act of 1940 (15 U.S.C. 80a-2) is amended--\n (1) in subparagraph (A)--\n (A) in clause (iv), by striking ``two'' and \n inserting ``5''; and\n (B) by striking clause (vii) and inserting the \n following:\n ``(vii) any natural person who has served \n as an officer or director, or as an employee \n within the preceding 10 fiscal years, of an \n investment adviser or principal underwriter to \n such registered investment company, or of any \n entity controlling, controlled by, or under \n common control with such investment adviser or \n principal underwriter;\n ``(viii) any natural person who has served \n as an officer or director, or as an employee \n within the preceding 10 fiscal years, of any \n entity that has within the preceding 5 fiscal \n years acted as a significant service provider \n to such registered investment company, or of \n any entity controlling, controlled by, or under \n the common control with such service provider;\n ``(ix) any natural person who is a member \n of a class of persons that the Commission, by \n rule or regulation, determines is unlikely to \n exercise an appropriate degree of independence \n as a result of--\n ``(I) a material business \n relationship with the investment \n company or an affiliated person of such \n investment company;\n ``(II) a close familial \n relationship with any natural person \n who is an affiliated person of such \n investment company; or\n ``(III) any other reason determined \n by the Commission.'';\n (2) in subparagraph (B)--\n (A) in clause (iv), by striking ``two'' and \n inserting ``5''; and\n (B) by striking clause (vii) and inserting the \n following:\n ``(vii) any natural person who is a member \n of a class of persons that the Commission, by \n rule or regulation, determines is unlikely to \n exercise an appropriate degree of independence \n as a result of--\n ``(I) a material business \n relationship with such investment \n adviser or principal underwriter or \n affiliated person of such investment \n adviser or principal underwriter;\n ``(II) a close familial \n relationship with any natural person \n who is an affiliated person of such \n investment adviser or principal \n underwriter; or\n ``(III) any other reason as \n determined by the Commission:''.\n (d) Definition of Significant Service Provider.--Section 2(a) of \nthe Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by \nadding at the end the following:\n ``(53) Significant service provider.--\n ``(A) In general.--Not later than 270 days after \n the date of enactment of the Mutual Fund Transparency \n Act of 2005, the Securities and Exchange Commission \n shall issue final rules defining the term `significant \n service provider'.\n ``(B) Requirements.--The definition developed under \n paragraph (1) shall include, at a minimum, the \n investment adviser and principal underwriter of a \n registered investment company for purposes of paragraph \n (19).''.\n\nSEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY.\n\n (a) In General.--The Securities and Exchange Commission shall \nconduct a study to identify--\n (1) the existing level of financial literacy among \n investors that purchase shares of open-end companies, as that \n term is defined under section 5 of the Investment Company Act \n of 1940, that are registered under section 8 of that Act;\n (2) the most useful and understandable relevant information \n that investors need to make sound financial decisions prior to \n purchasing such shares;\n (3) methods to increase the transparency of expenses and \n potential conflicts of interest in transactions involving the \n shares of open-end companies;\n (4) the existing private and public efforts to educate \n investors; and\n (5) a strategy to increase the financial literacy of \n investors that results in a positive change in investor \n behavior.\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Securities and Exchange Commission shall submit a report \non the study required under subsection (a) to--\n (1) the Committee on Banking, Housing, and Urban Affairs of \n the Senate; and\n (2) the Committee on Financial Services of the House of \n Representatives.\n\nSEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING.\n\n (a) In General.--The Comptroller General of the United States shall \nconduct a study on mutual fund advertising to identify--\n (1) existing and proposed regulatory requirements for open-\n end investment company advertisements;\n (2) current marketing practices for the sale of open-end \n investment company shares, including the use of unsustainable \n past performance data, funds that have merged, and incubator \n funds;\n (3) the impact of such advertising on consumers; and\n (4) recommendations to improve investor protections in \n mutual fund advertising and additional information necessary to \n ensure that investors can make informed financial decisions \n when purchasing shares.\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Comptroller General of the United States shall submit a \nreport on the results of the study conducted under subsection (a) to--\n (1) the Committee on Banking, Housing, and Urban Affairs of \n the United States Senate; and\n (2) the Committee on Financial Services of the House of \n Representatives.\n\nSEC. 6. POINT-OF-SALE DISCLOSURE.\n\n (a) In General.--Section 15(b) of the Securities Exchange Act of \n1934 (15 U.S.C. 78o(b)), as amended by section 2, is amended by adding \nat the end the following:\n ``(14) Broker disclosures in mutual fund transactions.--\n ``(A) In general.--Each broker shall disclose in \n writing to each person that purchases the shares of an \n investment company registered under section 8 of the \n Investment Company Act of 1940 (15 U.S.C. 80a-8)--\n ``(i) the source and amount, in dollars and \n as a percentage of assets, of any compensation \n received or to be received by the broker in \n connection with such transaction from any \n sources;\n ``(ii) the amount, in dollars and as a \n percentage of assets, of compensation received \n in connection with transactions in shares of \n other investment company shares offered by the \n broker, if materially different from the amount \n under (i);\n ``(iii) comparative information that shows \n the average amount received by brokers in \n connection with comparable transactions, as \n determined by the Commission; and\n ``(iv) such other information as the \n Commission determines appropriate.\n ``(B) Revenue sharing.--The term `compensation' \n under subparagraph (A) shall include any direct or \n indirect payment made by an investment adviser (or any \n affiliate of an investment adviser) to a broker or \n dealer for the purpose of promoting the sales of \n securities of a registered investment company.\n ``(C) Timing of disclosure.--The disclosures \n required under subparagraph (A) shall be made to permit \n the person purchasing the shares to evaluate such \n disclosures before deciding to engage in the \n transaction.\n ``(D) Limitation.--The disclosures required under \n subparagraph (A) may not be made exclusively in--\n ``(i) a registration statement or \n prospectus of a registered investment company; \n or\n ``(ii) any other filing of a registered \n investment company with the Commission.\n ``(E) Commission authority.--The Commission shall \n promulgate such final rules as are necessary to carry \n out this paragraph not later than 1 year after the date \n of enactment of the Mutual Fund Transparency Act of \n 2005.''.\n (b) National Securities Association Requirements.--Section 15A of \nthe Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by \nadding at the end the following:\n ``(n) National Securities Association Requirements.--Each national \nsecurities association registered pursuant to this section shall issue \nsuch rules as necessary not later than 1 year after the date of \nenactment of the Mutual Fund Transparency Act of 2005 to require that a \nbroker that provides individualized investment advice to a person \nshall--\n ``(1) have a fiduciary duty to that person;\n ``(2) act solely in the best interests of that person; and\n ``(3) fully disclose all potential conflicts of interest \n and other information that is material to the relationship to \n that person prior to the time that the investment advice is \n first provided to the person and at least annually \n thereafter.''.","summary":"Mutual Fund Transparency Act of 2005 - Amends the Securities Exchange Act of 1934 to require broker disclosure in writing to open-end company purchasers of the amount of any compensation due the broker in connection with the purchase transaction from any sources. Amends the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by a mutual fund company be included in any disclosure of the fees and expenses that may be payable by the holder of the securities of such company. Revamps independent mutual fund board of directors membership to reduce from 60 percent to 25 percent the permissible number of interested persons serving on the board. Prohibits an interested person from being board chairman. Specifies conditions an interested person must meet to service as a board member. Directs the SEC to issue final rules defining an interested person who is a significant service provider, including the investment adviser and principal underwriter of a registered investment company. Requires the SEC to study and report to Congress on: (1) financial literacy among mutual fund investors. And (2) mutual fund advertising. Amends the Securities Exchange Act of 1934 to require broker disclosure to each purchaser of investment company shares in a mutual fund transaction of the compensation the broker receives, in dollars and as as a percentage of assets. Requires each national securities association to issue rules requiring a broker that provides individualized investment advice to a person to: (1) have a fiduciary duty to that person, (2) act solely in the best interests of that person. And (3) fully disclose all potential conflicts of interest and other material information before the investment advice is first provided, and at least annually thereafter.","title":"A bill to require disclosure of financial relationships between brokers and mutual fund companies, and of certain brokerage commissions paid by mutual fund companies.","text_len":17713,"sum_len":1899} {"bill_id":"112_s3400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hermosa Creek Watershed Protection \nAct of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the ecological health and integrity of the Hermosa \n Creek Watershed and the economic health of the surrounding \n communities that rely on the Watershed are connected;\n (2) the Watershed--\n (A) is the only area in the State that is not a \n unit of National Wilderness Preservation System to \n achieve a designation of outstanding waters by the \n State;\n (B) provides a crucial source of clean drinking \n water for the residents of the Animas River Valley and \n the city of Durango, Colorado; and\n (C) provides high quality agricultural water \n supplies from Hermosa Creek and the Animas River;\n (3) the Watershed helps ensure the economic prosperity of \n local communities in the area that depend on the Watershed for \n water supplies, recreation, hunting, fishing, hiking, biking, \n camping, skiing and related winter activities, off-road vehicle \n travel for the conduct of scientific activities, scientific \n research, mineral extraction, and sustainable natural resource \n development;\n (4) the world-class Hermosa Creek trail network contains \n outstanding single track mountain bike riding, backcountry \n hiking, equestrian riding, and motorcycle riding;\n (5) the Watershed provides visitors the opportunity to \n enjoy the tremendous scenic, natural, cultural, and \n recreational resources of the area;\n (6) ecologically sustainable grazing has been conducted in \n a manner that has preserved the high quality of the Watershed;\n (7) the native Colorado River cutthroat trout fishery \n located in the Watershed--\n (A) is one of the most important fisheries in the \n State;\n (B) is crucial for the long-term survival of the \n cutthroat trout; and\n (C) provides an opportunity for anglers to have a \n catch and release fishery for the cutthroat trout;\n (8) the work of the State Division of Wildlife to enhance \n the fishery referred to in paragraph (7) has been a tremendous \n success and a great example of cooperative conservation efforts \n to recover an imperiled species of fish;\n (9) the Watershed--\n (A) provides some of the best backcountry elk \n habitat in the State; and\n (B) supports outstanding hunting opportunities;\n (10) the large areas of undisturbed forest in the Watershed \n (including some of the best stands of old growth ponderosa pine \n in the State) provide excellent wildlife habitat and excellent \n opportunities for solitude and backcountry recreation; and\n (11) designation of the Hermosa Creek Wilderness Area, \n Watershed Protection Area, and Special Management Area would \n protect those areas in perpetuity for the benefit of the people \n of the United States.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Map.--The term ``Map'' means the map entitled ``Hermosa \n Creek Proposed Watershed Protection Area, 2012'' and dated \n March 28, 2012.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (3) Special management area.--The term ``Special Management \n Area'' means the Hermosa Creek Special Management Area \n designated by section 5(a).\n (4) State.--The term ``State'' means the State of Colorado.\n (5) Watershed protection area.--The term ``Watershed \n Protection Area'' means the Hermosa Creek Watershed Protection \n Area designated by section 4(a).\n\nSEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION AREA.\n\n (a) Designation.--Certain Federal land in the San Juan National \nForest comprising approximately 107,886 acres, as generally depicted on \nthe Map, is designated as the ``Hermosa Creek Watershed Protection \nArea''.\n (b) Purposes.--The purposes of the Watershed Protection Area are--\n (1) to maintain the cultural, economic, and ecological \n health of the Hermosa Creek Watershed and the surrounding \n communities that rely on the Watershed;\n (2) to protect the purity of water that comes from the \n Hermosa Creek Watershed and supplies residents of the Animas \n River Valley and the city of Durango, Colorado, with clean \n drinking water;\n (3) to protect the purity of, and water supply from, the \n Hermosa Creek Watershed for agricultural purposes, including \n irrigation and stockwater uses;\n (4) to enhance the economic prosperity of local communities \n in the area who depend on the area for water, recreation, and \n sustainable natural resource uses;\n (5) to protect and provide visitors the opportunity to \n enjoy the recreational, geological, cultural, natural, \n scientific, recreational, wildlife, riparian, historical, \n educational, and scenic resources of the Watershed;\n (6) to provide world class opportunities for skiing, \n biking, hiking, fishing, hunting, horseback riding, \n snowmobiling, motorcycle riding, snowshoeing, and camping;\n (7) to provide for economic and natural resource \n development (including sustainable grazing, vegetation \n management, beneficial uses of water, and mineral extraction) \n in a manner consistent with protecting the overall integrity of \n the Watershed;\n (8) to protect the native Colorado River cutthroat trout \n fishery located in the Watershed;\n (9) to designate the Hermosa Creek Wilderness Area and the \n Special Management Area; and\n (10) to conserve, protect, and manage for a healthy Hermosa \n Creek Watershed for the long-term ecological integrity of the \n Watershed and the long-term economic health of surrounding \n communities by allowing sustainable economic development and \n traditional natural resource development in a matter consistent \n with the purposes described in paragraphs (1) through (9).\n\nSEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA.\n\n (a) Designation.--Subject to valid existing rights, certain Federal \nland in the San Juan National Forest comprising approximately 68,289 \nacres, as generally depicted on the Map, is designated as the ``Hermosa \nCreek Special Management Area''.\n (b) Purpose.--The purpose of the Special Management Area is to \nconserve and protect for the benefit of present and future generations \nthe watershed, geological, cultural, natural, scientific, recreational, \nwildlife, riparian, historical, educational, and scenic resources and \nvalues of the Special Management Area.\n (c) Administration.--\n (1) In general.--The Secretary shall administer the Special \n Management Area--\n (A) in a manner that--\n (i) conserves, protects, and enhances the \n resources and values of the Special Management \n Area described in subsection (b); and\n (ii) protects a viable population of \n Colorado River Cutthroat Trout; and\n (B) in accordance with--\n (i) the National Forest Management Act of \n 1976 (16 U.S.C. 1600 et seq.);\n (ii) this Act; and\n (iii) any other applicable laws.\n (2) Uses.--\n (A) In general.--The Secretary shall allow only \n such uses of the Special Management Area that the \n Secretary determines would further the purposes \n described in subsection (b).\n (B) Motorized vehicles.--\n (i) In general.--Except as provided in \n clause (ii) and as needed for administrative \n purposes or to respond to an emergency, the use \n of motorized vehicles in the Special Management \n Area shall be permitted only on roads and \n trails designated for use by such vehicles by \n the Secretary.\n (ii) Over-snow vehicles.--The Secretary may \n authorize the use of snowmobiles and other \n over-snow vehicles within the Special \n Management Area--\n (I) during periods of adequate snow \n cover during the winter season; and\n (II) subject to such terms and \n conditions as the Secretary may \n require.\n (C) Grazing.--The Secretary shall permit grazing \n within the Special Management Area, where established \n before the date of enactment of this Act--\n (i) subject to all applicable laws \n (including regulations) and Executive orders; \n and\n (ii) consistent with the purpose described \n in subsection (b).\n (D) Prohibited activities.--Within the area of the \n Special Management Area identified on the Map as ``East \n Hermosa Area'' the following activities shall be \n prohibited:\n (i) New road construction or the renovation \n of existing nonsystem roads, except as \n necessary to protect public health and safety.\n (ii) Projects undertaken for the purpose of \n harvesting commercial timber (other than \n activities relating to the harvest of \n merchantable products that are byproducts of \n activities conducted for ecological restoration \n or to further the purposes described in this \n Act).\n (d) Map and Legal Description.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary shall prepare a map and a \n legal description of the Special Management Area.\n (2) Force of law.--The map and legal description prepared \n under paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary may correct \n clerical and typographical errors in the map and legal \n description.\n (3) Public availability.--The map and legal description \n prepared under paragraph (1) shall be on file and available for \n public inspection in the appropriate offices of the Forest \n Service.\n (e) Incorporation of Acquired Land and Interests in Land.--Any land \nor interest in land that is acquired by the United States within the \nboundary of the Special Management Area shall--\n (1) become part of the Special Management Area;\n (2) be withdrawn in accordance with subsection (h); and\n (3) be managed in accordance with--\n (A) this Act; and\n (B) any other applicable laws.\n (f) Fish and Wildlife.--Nothing in this Act affects the \njurisdiction or responsibility of the State with respect to fish and \nwildlife in the State.\n (g) State and Federal Water Management.--Nothing in this section \naffects the potential development of a water storage reservoir at the \nsite in the Special Management Area that is identified in--\n (1) pages 17 through 20 of the Statewide Water Supply \n Initiative studies prepared by the Colorado Water Conservation \n Board and issued by the State in November 2004; and\n (2) page 27 of the Colorado Dam Site Inventory prepared by \n the Colorado Water Conservation Board and dated August 1996.\n (h) Withdrawal.--Subject to valid rights in existence on the date \nof enactment of this Act, the Federal land within the Special \nManagement Area is withdrawn from--\n (1) all forms of entry, appropriation, and disposal under \n the public land laws;\n (2) location, entry, and patent under the mining laws; and\n (3) operation of the mineral leasing, mineral materials, \n and geothermal leasing laws.\n (i) Adjacent Management.--\n (1) In general.--Congress does not intend for the \n designation of the Special Management Area by subsection (a) or \n the wilderness designated by section 2(a)(22) of the Colorado \n Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; \n 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by \n section 6(a)) to create a protective perimeter or buffer zone \n around the Special Management Area or wilderness.\n (2) Nonwilderness activities.--The fact that nonwilderness \n activities or uses can be seen or heard from areas within the \n wilderness designated by section 2(a)(22) of the Colorado \n Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; \n 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by \n section 6(a)) shall not preclude the conduct of the activities \n or uses outside the boundary of the wilderness.\n (j) Winter Skiing and Related Winter Activities.--Nothing in this \nAct alters or limits--\n (1) a permit held by a ski area;\n (2) the implementation of the activities governed by a ski \n area permit; or\n (3) the authority of the Secretary to modify or expand an \n existing ski area permit.\n (k) Vegetation Management.--Nothing in this section prevents the \nSecretary from conducting vegetation management projects within the \nSpecial Management Area--\n (1) subject to--\n (A) such reasonable regulations, policies, and \n practices as the Secretary determines appropriate; and\n (B) all applicable laws (including regulations); \n and\n (2) in a manner consistent with--\n (A) the purposes described in subsection (b); and\n (B) this section.\n (l) Wildfire, Insect, and Disease Management.--Consistent with this \nsection, the Secretary may take any measures that the Secretary \ndetermines to be necessary to control fire, insects, and diseases in \nthe Special Management Area, including, as the Secretary determines to \nbe appropriate, the coordination of the measures with the State or a \nlocal agency.\n (m) Management Plan.--Not later than 3 years after the date of \nenactment of this Act, the Secretary shall develop a management plan \nfor the long-term protection and management of the Special Management \nArea that takes into account public input.\n\nSEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.\n\n (a) Designation of Wilderness.--Section 2(a) of the Colorado \nWilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 \nStat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the \nend the following:\n ``(22) Certain land within the San Juan National Forest \n which comprise approximately 37,236 acres, as generally \n depicted on the map entitled `Hermosa Creek Proposed Watershed \n Protection Area, 2012' and dated March 28, 2012, and which \n shall be known as the `Hermosa Creek Wilderness'.''.\n (b) Effective Date.--Any reference in the Wilderness Act (16 U.S.C. \n1131 et seq.) to the effective date of that Act shall be considered to \nbe a reference to the date of enactment of this Act for purposes of \nadministering the wilderness area designated by section 2(a)(22) of the \nColorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-\n77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by \nsubsection (a)).\n (c) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of \nthe Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas \ndesignated by section 2(a)(22) of the Colorado Wilderness Act of 1993 \n(16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, \n116 Stat. 1055) (as added by subsection (a)), the Secretary may take \nany measure that the Secretary determines to be necessary to control \nfire, insects, and diseases, subject to such terms and conditions as \nthe Secretary determines to be appropriate.\n\nSEC. 7. PERINS PEAK AND ANIMAS CITY MOUNTAIN MINERAL WITHDRAWAL.\n\n (a) Withdrawal.--Subject to valid existing rights, the land and \nmineral interests described in subsection (b) are withdrawn from all \nforms of--\n (1) entry, appropriation, or disposal under public land \n laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under all laws relating to mineral leasing, \n geothermal leasing, or mineral materials.\n (b) Description of Land and Mineral Interests.--The land and \nmineral interests referred to in subsection (a) are--\n (1) the approximately 8,549 acres of Federal land depicted \n on the map entitled ``Perins Peak and Animas City Mountain \n mineral withdrawal'' and dated May 3, 2012; and\n (2) all Federal mineral interests contained within the \n boundaries of the map described in paragraph (1).","summary":"Hermosa Creek Watershed Protection Act of 2012 - Designates specified federal lands in San Juan National Forest as: (1) the Hermosa Creek Watershed and Protection Area, and (2) the Hermosa Creek Special Management Area. Designates specified land within the Protection Area as the Hermosa Creek Wilderness.","title":"A bill to designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes.","text_len":18142,"sum_len":305} {"bill_id":"114_hr4662","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``School-Based Asthma Management \nProgram Act''.\n\nSEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED \n SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE AND ASTHMA-\n RELATED RESCUE MEDICATIONS.\n\n Section 399L(d) of the Public Health Service Act (42 U.S.C. \n280g(d)) is amended--\n (1) in paragraph (1)--\n (A) by amending subparagraph (F) to read as \n follows:\n ``(F) School personnel administration of \n epinephrine and asthma-related rescue medications.--In \n determining the preference (if any) to be given to a \n State under this subsection, the Secretary shall give \n additional preference to a State that provides to the \n Secretary the certification described in subparagraph \n (G) and that requires that each public elementary \n school and secondary school in the State--\n ``(i) permits trained personnel of the \n school to administer epinephrine to any student \n of the school reasonably believed to be having \n an anaphylactic reaction;\n ``(ii) maintains a supply of epinephrine in \n a secure location that is easily accessible to \n trained personnel of the school for the purpose \n of administration to any student of the school \n reasonably believed to be having an \n anaphylactic reaction;\n ``(iii) permits trained personnel of the \n school to administer asthma-related rescue \n medication to any student of the school \n reasonably believed to have an asthma \n diagnosis;\n ``(iv) maintains a supply of asthma-related \n rescue medication and modes of delivery, such \n as spacers or nebulizers, in a secure location \n that is easily accessible to trained personnel \n of the school for the purpose of administration \n to any student of the school reasonably \n believed to have an asthma diagnosis;\n ``(v) has in place a plan for having on the \n premises of the school during all operating \n hours of the school a school nurse or one or \n more other individuals who are trained \n personnel of the school; and\n ``(vi) has in place under the direction of \n a school nurse a comprehensive school-based \n asthma management program that includes--\n ``(I) a method to identify all \n students of such school with a \n diagnosis of asthma;\n ``(II) an individual student asthma \n action plan for each student of such \n school with a diagnosis of asthma;\n ``(III) asthma education for school \n staff who are directly responsible for \n students who have been identified as \n asthmatic, such as education regarding \n asthma basics, asthma management, \n trigger management, and comprehensive \n emergency responses to asthma attacks;\n ``(IV) asthma medication and \n emergency policies that are specific to \n the school;\n ``(V) efforts to reduce the \n presence of environmental triggers of \n asthma; and\n ``(VI) a system to support students \n with a diagnosis of asthma through \n coordination with family members of \n such students, primary care providers \n of such students, and others as \n necessary.''; and\n (B) in subparagraph (G), by inserting ``or asthma-\n related rescue medication to a student reasonably \n believed to have an asthma diagnosis,'' after \n ``epinephrine to a student reasonably believed to be \n having an anaphylactic reaction''; and\n (2) in paragraph (3)--\n (A) in subparagraph (C)--\n (i) by striking ``The term'' and inserting \n ``(i) The term''; and\n (ii) by adding at the end the following new \n clause:\n ``(ii) The term `asthma-related rescue medication' \n means short-acting bronchodilators, such as albuterol \n and levalbuterol.''; and\n (B) in subparagraph (E)--\n (i) in the matter preceding clause (i), by \n inserting ``, such as the school nurse'' after \n ``individual'';\n (ii) in clause (i)--\n (I) by inserting ``school nurse \n or'' before ``principal''; and\n (II) by inserting ``and asthma-\n related rescue medication'' after \n ``epinephrine'';\n (iii) in clause (ii), by inserting ``and \n asthma-related rescue medication'' after \n ``epinephrine''; and\n (iv) in clause (iii), by inserting ``and \n asthma-related rescue medication'' after \n ``epinephrine''.","summary":"School-Based Asthma Management Program Act This bill amends the Public Health Service Act to add requirements that states must meet to receive a preference for asthma grants. To receive the preference, states must additionally: (1) provide civil liability protection to trained school personnel who administer asthma-related rescue medication to a student with asthma. And (2) require schools to permit trained school personnel to administer asthma-related rescue medication to students with asthma, maintain a supply of asthma-related rescue medication, and have a comprehensive asthma management program.","title":"School-Based Asthma Management Program Act","text_len":6445,"sum_len":606} {"bill_id":"110_hr5640","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Birthparent Assistance Act of \n2008''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to enhance post-placement services for birthparents who \n have placed a child for adoption;\n (2) to initiate or enhance post-placement counseling \n services for birthparents who have placed a child for adoption; \n and\n (3) to identify how post-placement services for \n birthparents who have placed a child for adoption can be \n improved.\n\nSEC. 3. AUTHORIZATION OF POST-ADOPTION SERVICES FOR BIRTHPARENTS.\n\n (a) Services Authorized.--The Secretary of Health and Human \nServices shall, either directly or by grant to or contract with the \neligible entities described in subsection (b), provide services \ndescribed in subsection (c) for birthparents who have placed a child \nfor adoption.\n (b) Eligible Entities.--The eligible entities referred to in \nsubsection (a) are States, local governmental entities, and public or \nprivate agencies or organizations, including public or private licensed \nchild welfare or adoption agencies or adoptive family groups and faith-\nbased organizations.\n (c) Types of Services.--The types of services referred to in \nsubsection (a) are--\n (1) post-legal adoption services for birthparents;\n (2) counseling services for birthparents who have placed a \n child for adoption, including--\n (A) individual counseling;\n (B) group counseling; and\n (C) family counseling;\n (3) establishment and operation of a nationally-available \n hotline to--\n (A) provide counseling services described in \n paragraph (2) for birthparents; and\n (B) provide other information relating to the \n availability of post-adoption services and benefits for \n birthparents, including contact information for post-\n adoption services and benefits provided by States and \n local units of government, as appropriate; and\n (4) training of staff at hospitals and other appropriate \n birth care facilities relating to interaction of such staff \n with birthparents and adoptive families.\n (d) Application.--Each eligible entity referred to in subsection \n(a) that desires to receive a grant or enter into a contract with the \nSecretary under subsection (a) shall submit an application to the \nSecretary that describes the manner in which the entity will use funds \nunder the grant or contract during the 3 fiscal years subsequent to the \ndate of the application to accomplish the purposes of this section. \nSuch application shall be in a form and manner determined to be \nappropriate by the Secretary.\n (e) Reports.--The Secretary shall require each eligible entity \nreferred to in subsection (a) that receives a grant or enters into a \ncontract with the Secretary under subsection (a) to submit to the \nSecretary a report on the services provided or activities carried out \nby the entity for each fiscal year for which the entity receives \namounts under the grant or contract. The report shall contain such \ninformation as the Secretary determines is necessary to provide an \naccurate description of the services provided or activities carried out \nwith such amounts.\n (f) Services To Supplement and Not Supplant.--Services provided \nunder a grant or contract under subsection (a) shall supplement, and \nnot supplant, services provided using any other funds made available \nfor the same general purposes.\n (g) Technical Assistance and Administrative Provisions.--The \nSecretary shall--\n (1) provide technical assistance to eligible entities \n referred to in subsection (a) that receive a grant or enter \n into a contract with the Secretary under subsection (a) for \n purposes of providing the services described in subsection (c);\n (2) as appropriate, coordinate the provision of services \n described in subsection (c) with other adoption-related \n research, training, services, and assistance activities carried \n out by the Department of Health and Human Services; and\n (3) either directly, or by grant to or contract with a \n public or private agency or organization--\n (A) evaluate the implementation and effectiveness \n of the provision of services described in subsection \n (c) and other activities carried out under this \n section;\n (B) identify different post-placement services \n provided for birthparents, the availability and \n utilization of such services, and how post-placement \n services might be improved; and\n (C) not later than 3 years after the date of the \n enactment of this Act, submit to Congress a report that \n contains the results of the evaluation under \n subparagraph (A) and the information described in \n subparagraph (B).\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--To carry out this Act, there are authorized to be \nappropriated to the Secretary of Health and Human Services--\n (1) $30,000,000 for fiscal year 2009; and\n (2) such sums as may be necessary for each of the fiscal \n years 2010 through 2013.\n (b) Availability.--Amounts appropriated pursuant to the \nauthorization of appropriations under subsection (a) are authorized to \nremain available until expended.","summary":"Birthparent Assistance Act of 2008 - Directs the Secretary of Health and Human Services to provide certain post-legal adoption services, counseling, and a nationally-available hotline for birthparents who have placed a child for adoption.","title":"To authorize the Secretary of Health and Human Services to provide services for birthparents who have placed a child for adoption, and for other purposes.","text_len":5724,"sum_len":238} {"bill_id":"103_hr3697","text":"SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT \n BY CERTAIN TAX-EXEMPT ORGANIZATIONS.\n\n (a) In General.--Chapter 42 of the Internal Revenue Code of 1986 \n(relating to private foundations and certain other tax-exempt \norganizations) is amended by redesignating subchapter D as subchapter E \nand by inserting after subchapter C the following new subchapter:\n\n ``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain \n Exempt Organizations\n\n ``Sec. 4958. Taxes on certain acts of \n self-dealing.\n ``Sec. 4959. Taxes on private inurement.\n ``Sec. 4960. Other definitions.\n\n``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING.\n\n ``(a) Initial Taxes.--\n ``(1) On self-dealer.--There is hereby imposed a tax on \n each act of self-dealing between a disqualified person and an \n applicable tax-exempt organization. The amount of such tax \n shall be 5 percent of the amount involved with respect to the \n act of self-dealing for each year (or part thereof) in the \n taxable period. The tax imposed by this paragraph shall be paid \n by any disqualified person (other than an organization manager \n acting only as such) who participates in the act of self-\n dealing.\n ``(2) On organization manager.--In any case in which a tax \n is imposed by paragraph (1), there is hereby imposed on the \n participation of any organization manager in any act of self-\n dealing between a disqualified person and an applicable tax-\n exempt organization, knowing that it is such an act, a tax \n equal to 2.5 percent of the amount involved with respect to \n such act of self-dealing for each year (or part thereof) in the \n taxable period, unless such participation is not willful and is \n due to reasonable cause. The tax imposed by this paragraph \n shall be paid by any organization manager who participated in \n the act of self-dealing.\n ``(b) Additional Taxes.--\n ``(1) On self-dealer.--In any case in which an initial tax \n is imposed by subsection (a)(1) on any act of self-dealing \n between a disqualified person and an applicable tax-exempt \n organization and such act is not corrected within the taxable \n period, there is hereby imposed a tax equal to 200 percent of \n the amount involved. The tax imposed by this paragraph shall be \n paid by any disqualified person (other than an organization \n manager acting only as such) who participated in the act of \n self-dealing.\n ``(2) On organization manager.--In any case in which an \n additional tax is imposed by paragraph (1), if an organization \n manager refused to agree to part or all of the correction, \n there is hereby imposed a tax equal to 50 percent of the amount \n involved. The tax imposed by this paragraph shall be paid by \n any organization manager who refused to agree to part or all of \n the correction.\n ``(c) Special Rules.--\n ``(1) Joint and several liability.--If more than one person \n is liable under any paragraph of subsection (a) or (b) with \n respect to any one act of self-dealing, all such persons shall \n be jointly and severally liable under such paragraph with \n respect to such act.\n ``(2) $10,0000 limit for management.--With respect to any \n one act of self-dealing, the maximum amount of the tax imposed \n by subsection (a)(2) shall not exceed $10,000, and the maximum \n amount of the tax imposed by subsection (b)(2) shall not exceed \n $10,000.\n ``(d) Self-Dealing.--For purposes of this section--\n ``(1) In general.--Except as provided by paragraph (2), the \n term `self-dealing' means any direct or indirect--\n ``(A) transfer, lease, or license of property \n between an applicable tax-exempt organization and a \n disqualified person, and\n ``(B) lending of money or other extension of credit \n between an applicable tax-exempt organization and a \n disqualified person.\n ``(2) Exceptions.--The term `self-dealing' shall not \n include--\n ``(A) the lending of money by a disqualified person \n to an applicable tax-exempt organization if the loan is \n without interest or other charge (determined without \n regard to section 7872) and if the proceeds of the loan \n are used exclusively for exempt purposes,\n ``(B) the furnishing of goods or facilities by a \n disqualified person to an applicable tax-exempt \n organization if the furnishing is without charge and if \n the goods or facilities so furnished are used \n exclusively for exempt purposes, and\n ``(C) any transfer, lease, or license of property \n if--\n ``(i) such transfer, lease, or license (as \n the case may be) is by a disqualified person in \n the ordinary course of such disqualified \n person's trade or business and such transaction \n is on a basis comparable to the basis on which \n similar transactions are made in the ordinary \n course of such trade or business with other \n parties, or\n ``(ii) such transfer, lease, or license (as \n the case may be) is by an applicable tax-exempt \n organization in the ordinary course of its \n activities and such transaction is made on a \n basis comparable to the basis on which similar \n transactions are made in the ordinary course of \n such activities with other parties.\n ``(3) Exempt purpose.--For purposes of paragraph (2), the \n term `exempt purpose' means--\n ``(A) in the case of an organization described in \n section 501(c)(3), any purpose specified in section \n 501(c)(3), and\n ``(B) in the case of an organization described in \n section 501(c)(4), any purposes specified in section \n 501(c)(4).\n ``(e) Other Definitions.--For purposes of this section--\n ``(1) Taxable period.--The term `taxable period' means, \n with respect to any act of self-dealing, the period beginning \n with the date on which the act of self-dealing occurs and \n ending on the earliest of--\n ``(A) the date of mailing a notice of deficiency \n under section 6212 with respect to the tax imposed by \n subsection (a)(1),\n ``(B) the date on which the tax imposed by \n subsection (a)(1) is assessed, or\n ``(C) the date on which correction of the act of \n self-dealing is completed.\n ``(2) Amount involved.--The term `amount involved' means, \n with respect to any act of self-dealing, the greater of the \n amount of money and fair market value of other property given, \n or the amount of money and fair market value of other property \n received. In the case of a lease or license, the amount \n involved is the fair market value of the leased or licensed \n property. For purposes of this paragraph--\n ``(A) in the case of the taxes imposed by \n subsection (a), fair market value shall be determined \n as of the date on which the act of self-dealing occurs, \n and\n ``(B) in the case of the taxes imposed by \n subsection (b), fair market value shall be the highest \n fair market value during the taxable period.\n ``(3) Correction.--The terms `correction' and `correct' \n mean, with respect to any act of self-dealing transaction, \n undoing the transaction to the extent possible, but in any case \n place the applicable tax-exempt organization in a financial \n position not worse than that in which it would be if the \n disqualified person were dealing under the highest fiduciary \n standards.\n\n``SEC. 4959. TAXES ON PRIVATE INUREMENT.\n\n ``(a) Initial Taxes.--\n ``(1) On the organization.--There is hereby imposed on any \n taxable inurement a tax equal to 10 percent of the amount \n thereof. The tax imposed by this paragraph shall be paid by the \n organization with respect to which such inurement occurred.\n ``(2) On the management.--There is hereby imposed on the \n participation of any organization manager of an organization in \n any taxable inurement which occurs with respect to such \n organization, knowing that it is taxable inurement, a tax equal \n to 2\\1\/2\\ percent of the amount thereof, unless such \n participation is not willful and is due to reasonable cause. \n The tax imposed by this paragraph shall be paid by the \n organization manager who participated in the taxable inurement.\n ``(3) On the beneficiary.--There is hereby imposed on any \n taxable inurement a tax equal to 5 percent of the amount \n thereof. The tax imposed by this paragraph shall be paid by the \n beneficiary of such inurement.\n ``(b) Additional Taxes.--\n ``(1) On the organization.--In any case in which an initial \n tax is imposed by subsection (a)(1) on any taxable inurement \n and such inurement is not corrected within the taxable period, \n there is hereby imposed a tax equal to 100 percent of the \n amount of the taxable inurement. The tax imposed by this \n paragraph shall be paid by the organization with respect to \n which such inurement occurred.\n ``(2) On the management.--In any case in which an \n additional tax is imposed by paragraph (1), if an organization \n manager refused to agree to part or all of the correction, \n there is hereby imposed a tax equal to 50 percent of the amount \n of the taxable inurement. The tax imposed by this paragraph \n shall be paid by any organization manager who refused to agree \n to part or all of the correction.\n ``(3) On the beneficiary.--In any case in which an \n additional tax is imposed by paragraph (1), there is hereby \n imposed a tax equal to 200 percent of the amount of the taxable \n inurement. The tax imposed by this paragraph shall be paid by \n the beneficiary of such inurement.\n ``(c) Taxable Inurement.--For purposes of this section, the term \n`taxable inurement' means any direct or indirect inurement of any part \nof the net earnings of an applicable tax-exempt organization to the \nbenefit of any disqualified person. Such term shall not include any act \nof self-dealing on which tax is imposed under section 4958.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Joint and several liability.--If more than one person \n is liable under any paragraph of subsection (a) or (b) with \n respect to any one taxable inurement, all such persons shall be \n jointly and severally liable under such paragraph with respect \n to such inurement.\n ``(2) Limit for management.--With respect to any 1 taxable \n inurement, the maximum amount of the tax imposed by subsection \n (a)(2) shall not exceed $10,000, and the maximum amount of the \n tax imposed by subsection (b)(2) shall not exceed $10,000.\n ``(e) Other Definitions.--For purposes of this section--\n ``(1) Taxable period.--The term `taxable period' means, \n with respect to any taxable inurement, the period beginning \n with the date on which the inurement occurs and ending on the \n earliest of--\n ``(A) the date of mailing a notice of deficiency \n under section 6212 with respect to the tax imposed by \n subsection (a)(1), or\n ``(B) the date on which the tax imposed by \n subsection (a)(1) is assessed.\n ``(2) Correction.--The terms `correction' and `correct' \n mean, with respect to any taxable inurement, undoing the \n inurement to the extent possible, establishing safeguards to \n prevent future taxable inurement, and where fully undoing the \n inurement is not possible, such additional corrective action as \n is prescribed by the Secretary by regulations.\n\n``SEC. 4960. OTHER DEFINITIONS.\n\n ``(a) Applicable Tax-Exempt Organization.--For purposes of this \nsubchapter, the term `applicable tax-exempt organization' means any \norganization which (without regard to any act of self-dealing or \ntaxable inurement) would be described in paragraph (3) or (4) of \nsection 501(c) and exempt from tax under section 501(a). Such term \nshall not include any private foundation.\n ``(b) Disqualified Person.--For purposes of this subchapter, the \nterm `disqualified person' means, with respect to any transaction--\n ``(1) any person who was an organization manager at any \n time during the 5-year period ending on the date of such \n transaction,\n ``(2) any member of a family (as defined in section \n 4946(d)) of any person described in paragraph (1), and\n ``(3) any 35-percent controlled entity of persons described \n in paragraph (1) or (2).\n ``(c) Organization Manager.--For purposes of this subchapter, the \nterm `organization manager' means, with respect to any applicable tax-\nexempt organization, any officer, director, or trustee of such \norganization (or any individual having powers or responsibilities \nsimilar to those of officers, directors, or trustees of the \norganization). Such term includes any person performing substantial \nmedical services as a physician for the applicable tax-exempt \norganization pursuant to an employment or other contractual \nrelationship.\n ``(d) 35-Percent Controlled Entity.--For purposes of this section--\n ``(1) 35-percent controlled entity.--The term `35-percent \n controlled entity' means--\n ``(A) a corporation in which persons described in \n paragraph (1) or (2) of subsection (b) own more than 35 \n percent of the combined voting power,\n ``(B) a partnership in which such persons own more \n than 35 percent of the profits interest, and\n ``(C) a trust or estate in which such persons own \n more than 35 percent of the beneficial interest.\n ``(2) Constructive ownership rules.--Rules similar to the \n rules of paragraphs (3) and (4) of section 4946(a) shall apply \n for purposes of this subsection.''\n (b) Application of Private Inurement Rule to Tax-Exempt Civic \nLeagues.--Paragraph (4) of section 501(c) of such Code is amended to \nread as follows:\n ``(4)(A) Civic leagues or organizations not organized for \n profit but operated exclusively for the promotion of social \n welfare and no part of the net earnings of which inures to the \n benefit of any private shareholder or individual.\n ``(B) Local associations of employees--\n ``(i) the membership of which is limited to the \n employees of a designated person or persons in a \n particular municipality, and\n ``(ii) which is operated exclusively for \n charitable, educational, or recreational purposes.''\n (c) Technical and Conforming Amendments.--\n (1) Subsection (e) of section 4955 of such Code is \n amended--\n (A) by striking ``Section 4945'' in the heading and \n inserting ``Sections 4945 and 4959'', and\n (B) by inserting before the period ``or a taxable \n inurement for purposes of section 4959''.\n (2) Subsections (a), (b), and (c) of section 4963 of such \n Code are each amended by inserting ``4958, 4959,'' after \n ``4955,''.\n (3) Subsection (e) of section 6213 of such Code is amended \n by inserting ``4958 (relating to acts of self-dealing), 4959 \n (relating to private inurement),'' before ``4971''.\n (4) The table of subchapters for chapter 42 of such Code is \n amended by striking the last item and inserting the following:\n\n ``Subchapter D. Acts of self-dealing and \n private inurement by certain \n exempt organizations.\n ``Subchapter E. Abatement of first and \n second tier taxes in certain \n cases.''\n (d) Effective Date.--The amendments made by this section shall \napply to transactions occurring on or after January 1, 1994.","summary":"Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization. And (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person. Describes a disqualified person as: (1) any organization manager, (2) any family member of an organization manager, or (3) any 35-percent controlled entity of such persons.","title":"To amend the Internal Revenue Code of 1986 to impose excise taxes on acts of self-dealing and private inurement by certain tax-exempt organizations.","text_len":17671,"sum_len":452} {"bill_id":"108_hr4943","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pima County Land Adjustment Act''.\n\nSEC. 2. LAND EXCHANGE, IRONWOOD-MOORE, EMPIRITA-SIMONSON, AND SAHUARITA \n PROPERTIES, ARIZONA.\n\n (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, \nconveys to the Secretary of the Interior all right, title, and interest \nof Las Cienegas Conservation, LLC, in and to the Ironwood-Moore \nproperty and the Empirita-Simonson property, the Secretary shall convey \nto Las Cienegas Conservation, LLC, all right, title, and interest of \nthe United States in and to the Sahuarita property.\n (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson \nproperty, the Secretary shall modify the boundaries of the Las Cienegas \nNational Conservation Area to include the Empirita-Simonson property.\n (c) Time for Exchange.--Except as otherwise provided by this Act, \nthe land exchange authorized under this section shall be completed \nprior to the expiration of the 90-day period beginning on the later of \nthe following dates:\n (1) The date on which the title standards described in \n section 4(a) are met with regard to the properties to be \n conveyed to the United States.\n (2) The date on which the appraisals described in section \n 4(c)(1) for the properties are approved by both the Secretary \n and Las Cienegas Conservation, LLC, or in the case of a dispute \n concerning an appraisal or appraisal issue arising under that \n section, the date the dispute is resolved under that section.\n (d) Cash Equalization Payment.--\n (1) In general.--If the values of lands to be exchanged \n under this section are not equal, they shall be equalized by \n the payment of cash to the Secretary or Las Cienegas \n Conservation, LLC, as the circumstances dictate, in accordance \n with section 206(b) of the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1716(b)).\n (2) Disposition and use of funds.--Notwithstanding any \n other provision of law, any cash equalization payment received \n by the Secretary under this section shall be deposited into a \n separate account in the Treasury, which shall be available to \n the Secretary, without further appropriation and until \n expended, solely for the purpose of--\n (A) the acquisition of land or interests in land \n within or adjacent to national conservation lands in \n southern Arizona; and\n (B) resource management by the Bureau of Land \n Management in Pima County, Arizona.\n (e) Water Rights.--\n (1) Lands owned by pima county.--The exchange under this \n section may not take place unless Neal Simonson and Pima \n County, Arizona, enter into an agreement under which Neal \n Simonson relinquishes to Pima County any right to withdraw \n water from lands owned by Pima County in section 17, township \n 17 south, range 18 east, Gila and Salt River Baseline and \n Meridian.\n (2) Empirita-simonson property.--The exchange under this \n section may not take place unless Neal Simonson and the \n Secretary enter into an agreement under which Neal Simonson \n limits his reserved withdrawal right on the Empirita-Simonson \n property to maximum of 550 acre feet per year.\n (f) Road Access Prohibited.--The Secretary may not construct or \nauthorize the construction of any temporary or permanent road in any \nportion of the Empirita-Simonson property acquired under this section \nif the road would provide access to or from any property which is not \nwithin the Las Cienegas National Conservation Area.\n (g) Environmental Review.--As a condition of the exchange, Las \nCienegas Conservation, LLC, shall reimburse the Secretary for the \ndirect costs of all environmental reviews of the lands to be exchanged \nunder this section that are required by the National Environmental \nPolicy Act of 1969 (42 U.S.C. 4321 et seq.).\n (h) Endangered Species Act Review.--The Secretary shall review the \nconveyance of the Sahuarita property under this section in accordance \nwith section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. \n1536(a)(1)).\n\nSEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY.\n\n (a) Acquisition of Tumamoc Hill Property.--\n (1) In general.--Notwithstanding any other provision of \n law, upon the expiration of the 30-day period beginning on the \n date of the enactment of this Act, all right, title, and \n interest to, and the right to immediate possession of, the \n Tumamoc Hill property is hereby vested in the United States. \n The Tumamoc Hill property shall remain subject to existing \n easements of record.\n (2) Compensation.--As consideration for the Tumamoc Hill \n property acquired under paragraph (1), the State of Arizona, \n State Land Department, shall receive an amount equal to the \n agreed negotiated value of the Tumamoc Hill property, \n determined as of the date of the acquisition, or the just \n compensation determined by judgment.\n (3) Determination of value by court.--In the absence of \n agreement as to the amount of just compensation, the State of \n Arizona or the Secretary may initiate a proceeding in the \n United States District Court for the District of Arizona \n seeking a determination of just compensation for the \n acquisition of the Tumamoc Hill property.\n (b) Conveyance Authorized.--\n (1) In general.--When Pima County, Arizona, pays to the \n State of Arizona, State Land Department, the amount of \n compensation determined under subsection (a), the Secretary \n shall convey to Pima County all right, title, and interest of \n the United States in and to the Tumamoc Hill property.\n (2) Time for conveyance.--The conveyance authorized under \n paragraph (1) shall be completed prior to the expiration of the \n 60-day period which begins on the date Pima County pays to the \n State of Arizona, State Land Department, the amount described \n in paragraph (1).\n\nSEC. 4. ADMINISTRATION OF LAND EXCHANGES.\n\n (a) Title Standards.--The Secretary shall require that title to the \nlands to be exchanged under this Act conform with the title standards \nof the Attorney General of the United States.\n (b) Corrections to Legal Descriptions.--By mutual agreement, the \nSecretary and the party involved may adjust the legal descriptions \ncontained in this Act to correct errors or to make minor adjustments in \nthe boundaries of the lands to be exchanged.\n (c) Appraisals.--\n (1) In general.--The values of the lands to be exchanged \n under this Act shall be determined by the Secretary through an \n appraisal performed by a qualified appraiser mutually agreed to \n by the Secretary and the party involved and performed in \n conformance with the Uniform Appraisal Standards for Federal \n Land Acquisitions (United States Department of Justice, \n December 2000), the Uniform Standards of Professional Appraisal \n Practice, and section 206(d) of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1716(d)).\n (2) Deadline for appraisals.--All appraisals under this Act \n shall be completed and submitted to the Secretary and the party \n involved for approval before the expiration of the 180-day \n period beginning on the date of the enactment of this Act.\n (d) Deadline for Environmental Reviews.--Before the expiration of \nthe 180-day period beginning on the date of the enactment of this Act, \nthe Secretary shall complete all environmental reviews of lands to be \nexchanged under this Act that are required by the National \nEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) The term ``Empirita-Simonson property'' means the \n parcel of land consisting of approximately 2,490 acres in \n sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, \n range 18 east, Gila and Salt River Base and Meridian.\n (2) The term ``Ironwood-Moore property'' means the parcel \n of land consisting of approximately 600 acres in section 32, \n township 11 south, range 9 east, Gila and Salt River Base and \n Meridian.\n (3) The term ``Sahuarita property'' means the parcel of \n land consisting of approximately 1,280 acres in sections 5, 7, \n and 8, township 17 south, range 15 east, Gila and Salt River \n Base and Meridian.\n (4) The term ``Secretary'' means the Secretary of the \n Interior.\n (5) The term ``Tumamoc Hill property'' means the parcel of \n land owned by the State of Arizona consisting of approximately \n 290 acres in sections 9, 10, 15, and 16 township 14 south, \n range 13 east, Gila and Salt River Base and Meridian, excluding \n approximately 30 acres of landfill as shown on the map on file \n in the records of Pima County, Arizona.","summary":"Pima County Land Adjustment Act - Requires the Secretary of the Interior to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for both the Ironwood-Moore property, which consists of approximately 600 acres, and the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department.","title":"To provide for a land exchange involving certain Bureau of Land Management lands in Pima County, Arizona for the purpose of consolidating Federal land ownership within the boundaries of the Ironwood Forest National Monument and the Las Cienegas National Conservation Area, and for other purposes.","text_len":9351,"sum_len":725} {"bill_id":"107_hr1739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Urban Sprawl and Smart Growth Study \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Urban sprawl destroys valuable open space, farmland, \n wildlife, and natural, cultural, scenic, and recreational \n resources.\n (2) Urban sprawl also leads to costly public expenditures \n for infrastructure, public schools, and transportation for \n newly developed areas while causing disinvestment in the urban \n cores of cities and towns.\n (3) Smart growth can prevent these problems and help \n enhance the quality of life for everyone.\n (4) Although growth management is primarily a State, \n tribal, and local responsibility, the effects of Federal \n actions contributing to or avoiding urban sprawl can be \n considerable.\n (5) Federal agencies can benefit from additional guidance \n to improve the use of environmental impact statements and \n environmental assessments in considering the potential effects \n of their proposed actions on urban sprawl and smart growth.\n\nSEC. 3. SMART GROWTH STUDY.\n\n (a) Study Required.--The Council on Environmental Quality shall \nconduct a study of urban sprawl and smart growth that updates and \nbuilds on the Council's 1974 study entitled ``The Costs of Sprawl'' and \nthe Council's 1981 study entitled ``National Agricultural Lands \nStudy''.\n (b) Examination of Environmental Impact Statements.--In conducting \nthe study, the Council shall select and examine a variety of \nenvironmental impact statements and environmental assessments by a \nminimum of 15 Federal agencies, that were completed after 1995 for land \nand facility management, transportation and infrastructure, and \nregulatory and development assistance programs, including rural, urban, \nand tribal assistance.\n (c) Public Participation.--The Council shall provide opportunities \nfor public participation in the study, including by--\n (1) conducting public meetings in at least 5 cities that, \n as determined by the Council, are each located--\n (A) in a different region of the United States; and\n (B) in an area that is experiencing an increase in \n urban sprawl;\n (2) making electronically accessible to the public \n information on the study and related documents; and\n (3) holding discussions with Federal, State, and local \n government personnel and representatives of Indian tribes \n involved in the process of formulating environmental impact \n statements and environmental assessments.\n (d) Report.--Not later than 18 months after the date of the \nenactment of this Act, the Council shall submit a report to the \nCommittee on Resources of the House of Representatives and the \nCommittee on Environment and Public Works of the Senate describing the \nresults of the study, including the following:\n (1) Findings of the Council concerning the economic, \n environmental, and land use effects of urban sprawl, such as \n those relating to energy, transportation, housing, schools, \n small business, Government facilities and military \n installations, public lands and forests, parks and recreation, \n agriculture and rural landscapes, air and water, and natural, \n scenic, and cultural resources.\n (2) Recommendations for improving environmental reviews by \n Federal agencies to more adequately address urban sprawl.\n (3) Recommendations for nonregulatory actions that may be \n taken by Federal agencies to--\n (A) assist States and local communities in efforts \n to promote the beneficial effects of smart growth; and\n (B) minimize actions by the agencies that result in \n adverse effects of urban sprawl.\n (e) Participation of Other Agencies.--In carrying out this section, \nthe Council should seek the participation of other Federal agencies.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to the Council $300,000 for the purpose of carrying out \nthis section, in addition to any other amounts that are available for \nsuch purpose.\n\nSEC. 4. COMMENTS ON URBAN SPRAWL.\n\n In any written comment prepared under section 309 of the Clean Air \nAct (42 U.S.C. 7609) for any matter contained in any proposed \nlegislation, Federal project, Federal agency action, or proposed \nregulation described in clause (1), (2), or (3) of subsection (a) of \nthat section, the Administrator of the Environmental Protection Agency \nshall address the impact of the matter on urban sprawl.\n\nSEC. 5. NOTIFICATION, CONSULTATION, AND CONSIDERATION OF EFFECTS BEFORE \n DETERMINING WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT \n STATEMENT.\n\n (a) Notice and Comment.--In preparing an environmental assessment \nfor a proposed Federal action and before determining whether to prepare \nan environmental impact statement for the action, the head of a Federal \nagency shall--\n (1) publish notice of the action in the Federal Register \n and local newspapers of general circulation;\n (2) directly notify persons that may be affected by the \n proposed Federal action, including each State government, local \n government, Indian tribe, and private property owner that may \n be so affected;\n (3) conduct discussions with such persons on the proposed \n action and its alternatives; and\n (4) seek to address such persons' concerns, if any.\n (b) Consideration of Request for Environmental Impact Statement.--\nIf the Governor of a State or the head of a local government or Indian \ntribe referred to in subsection (a)(1) submits in writing to the head \nof the Federal agency a statement that the proposed Federal action will \nresult in urban sprawl significantly affecting the quality of the human \nenvironment and a request for preparation of an environmental impact \nstatement for the proposed Federal action, the head of the Federal \nagency shall give great weight to the request in determining whether to \nprepare an environmental impact statement for the proposed Federal \naction.\n (c) Publication of Environmental Assessment.--If, after receiving a \nwritten statement and request for an environmental impact statement \nunder subsection (b) for a proposed Federal action, the head of a \nFederal agency determines that the environmental impact statement is \nnot required by section 102(2)(C) of the National Environmental Policy \nAct of 1969 (42 U.S.C. 4332(2)(C)), the agency head shall--\n (1) include in an environmental assessment for the action \n an explanation of why the proposed action will not result in \n urban sprawl significantly affecting the quality of the human \n environment;\n (2) provide public notice of the availability of the \n assessment in the Federal Register and local newspapers of \n general circulation; and\n (3) transmit a copy of the assessment to the Council on \n Environmental Quality.\n (d) Urban Sprawl.--The head of a Federal agency shall include in an \nenvironmental impact statement requested pursuant to subsection (b), \nfor each alternative included in the statement under section \n102(2)(C)(iii) of the National Environmental Policy Act of 1969 (42 \nU.S.C. 4332(2)(C)(iii)), an analysis of the environmental effects of \nthe action on urban sprawl.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act:\n (1) Council.--The term ``Council'' means the Council on \n Environmental Quality.\n (2) Environmental assessment.--The term ``environmental \n assessment'' has the meaning given to that term in section \n 1508.9 of title 40, Code of Federal Regulations, as in effect \n on the date of the enactment of this Act.\n (3) Environmental impact statement.--The term \n ``environmental impact statement'' means a detailed written \n statement under section 102(2)(C) of the National Environmental \n Policy Act of 1969 (42 U.S.C. 4332(2)(C)).\n (4) Indian tribe.--The term ``Indian tribe'' means any \n Indian tribe, band, nation, pueblo, or other organized group or \n community, including any Alaska Native village or regional \n corporation as defined in or established pursuant to the Alaska \n Native Claims Settlement Act, that is recognized as eligible \n for the special programs and services provided by the United \n States to members of the Indian tribe because of their status \n as members.\n (5) Urban sprawl.--The term ``urban sprawl''--\n (A) means any change in the pattern of the use of \n land outside of an urban center that results in a \n relatively dispersed form of residential or commercial \n development; and\n (B) includes any such change that--\n (i) may result in loss of open space, \n farmland, rural landscapes, wildlife, or \n natural, cultural, scenic, or recreational \n resources; or\n (ii) may result in high public costs for \n infrastructure, public facilities, or \n transportation and lead to disinvestment in \n older urban or suburban areas.\n (6) Smart growth.--The term ``smart growth'' means policies \n regarding growth and development that--\n (A) recognize the effects of new growth and \n development, including the environmental, economic, and \n social costs described in paragraph (5)(B); and\n (B) attempt to mitigate those effects in advance so \n as to avoid or reduce them.","summary":"Urban Sprawl and Smart Growth Study Act - Requires the Council on Environmental Quality to study and report to specified congressional committees on urban sprawl and smart growth, examining environmental impact statements (EIS) and assessments by a minimum of 15 Federal agencies that were completed after 1995. Provides for consideration of urban sprawl in environmental assessments and EIS prepared by Federal agencies for proposed Federal actions.","title":"To require the Council on Environmental Quality to conduct a study on urban sprawl and smart growth, and to ensure the consideration by Federal agencies of urban sprawl in the preparation of their environmental reviews under the National Environmental Policy Act of 1969.","text_len":10142,"sum_len":450} {"bill_id":"103_s1200","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Quality Commitment Award \nAct of 1993''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to provide for the establishment and \nconduct of a national commitment to quality award program under which \nawards are given to institutions of higher education that--\n (1) teach effective total quality management;\n (2) reorient their education programs to emphasize the \n value and prestige of pursuing careers in process manufacturing \n engineering;\n (3) apply total quality management to the operations of \n their institution of higher education; and\n (4) apply total quality management in their joint research \n and development contracts with private industry.\n\nSEC. 3. AWARD PROGRAM.\n\n The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. \n3701 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 22. NATIONAL COMMITMENT TO QUALITY AWARD PROGRAM.\n\n ``(a) Program Established.--\n ``(1) In general.--The Secretary shall carry out an award \n program to be known as the National Commitment to Quality Award \n Program.\n ``(2) Contents.--In carrying out the award program \n described in paragraph (1), the Secretary--\n ``(A) shall conduct a competition and make monetary \n awards in accordance with subsection (b)(1);\n ``(B) may make special awards in accordance with \n subsection (b)(2); and\n ``(C) shall provide each recipient of such a \n monetary or special award with a medal described in \n paragraph (3).\n ``(3) Medal.--Each recipient of an award under this section \n shall receive a medal bearing the inscriptions `National \n Commitment to Quality Award' and `The Quest for Excellence'. \n The medal shall be of such design and materials and bear such \n additional inscriptions as the Secretary may prescribe.\n ``(4) Designation.--Awards under this section shall be \n known as National Commitment to Quality Awards.\n ``(b) Awards.--\n ``(1) Competition for monetary awards.--(A) From amounts \n appropriated pursuant to the authority of subsection (j), the \n Secretary shall periodically conduct a competition and make at \n least 3 monetary awards to institutions of higher education in \n accordance with the provisions of this section.\n ``(B) The monetary awards described in subparagraph (A) \n shall be in an amount equal to--\n ``(i) $3,000,000 for the institution of higher \n education receiving first place in the competition \n described in subparagraph (A);\n ``(ii) $2,000,000 for the institution receiving \n second place in such competition;\n ``(iii) $1,000,000 for the institution receiving \n third place in such competition; and\n ``(iv) not more than $1,000,000 for any other such \n institution receiving an award pursuant to such \n competition.\n ``(2) Specialized awards.--(A) From amounts appropriated \n pursuant to the authority of subsection (j), the Secretary may \n award to any institution of higher education that excels in \n teaching or practicing either total quality management or \n process manufacturing engineering services productivity \n improvement a specialized award.\n ``(B) The specialized award described in subparagraph (A) \n shall be in an amount which is not more than $500,000.\n ``(3) Application fee prohibited.--The Secretary shall not \n charge an institution of higher education a fee in order to \n apply for or receive an award under this section.\n ``(c) Making and Presentation of Awards.--\n ``(1) In general.--The President (on the basis of \n recommendations received from the Secretary), or the Secretary, \n shall periodically make awards to institutions of higher \n education which in the judgment of the President or the \n Secretary have substantially benefited the economic and social \n well being of the United States through activities that--\n ``(A) teach effective total quality management \n techniques and approaches;\n ``(B) demonstrate continuous improvement in the \n institution's total quality management curriculum;\n ``(C) emphasize the value and prestige of pursuing \n careers in process manufacturing engineering;\n ``(D) demonstrate continuous improvement in the \n institution's education program through application of \n total quality management principles within the \n institution; and\n ``(E) demonstrate commitment and application of \n total quality management principles in joint research \n relationships that the institution maintains with \n private industry.\n ``(2) Presentation ceremony.--The presentation of the \n awards under this section shall be made by the President or the \n Secretary with such ceremonies as the President or the \n Secretary may deem proper.\n ``(3) Publication and ineligibility.--An institution of \n higher education to which an award is made under this section, \n and which agrees to help other institutions of higher education \n improve their total quality management curriculum may publicize \n its receipt of such award, but such institution shall be \n ineligible to receive another such award for a period of 5 \n years.\n ``(4) Use of award.--An institution of higher education \n receiving an award under this section shall use the proceeds of \n such award to further improve the total quality management and \n process manufacturing engineering curriculum of such \n institution.\n ``(d) Award Criteria.--\n ``(1) In general.--Awards under this section shall be made \n to qualifying institutions of higher education that place an \n emphasis on--\n ``(A) total quality management, including--\n ``(i) leadership in teaching how to create \n a quality culture;\n ``(ii) leadership in teaching information \n and analysis such as statistical process \n contracts for quality improvement;\n ``(iii) the effectiveness of the \n institution's quality improvement program to \n teach integration of quality requirements into \n businesses' plans;\n ``(iv) the success of the institution's \n efforts to teach students how to realize the \n full potential of the work force for quality;\n ``(v) teaching quality awareness;\n ``(vi) emphasis on customer satisfaction;\n ``(vii) leadership in teaching how to \n integrate the total quality management \n philosophy; and\n ``(viii) demonstrated success in teaching \n students how to instill the full potential \n total quality management philosophy in the work \n force;\n ``(B) the importance of process manufacturing, \n including--\n ``(i) leadership in teaching a better \n understanding of market forces and industry \n needs, industrial processes, and manufacturing \n and quality practices that are driven by market \n pull, not science push;\n ``(ii) leadership in developing and \n teaching a more accelerated approach to \n research, development, and manufacturing in \n order to teach students how to move products \n more quickly from the basic research phase to \n the commercialization phase with an emphasis on \n teamwork;\n ``(iii) leadership in teaching better \n integration of design and production, including \n teaching students how to design with \n manufacturability in mind, and to focus on \n cost-effectiveness, quality reliability, \n simplicity, flexibility, and modularity; and\n ``(iv) leadership in teaching students to \n give greater consideration to potential \n commercial applications in the planning and \n conduct of research and development through \n input from potential users, and closer working \n relationship between the national research \n laboratories, industry, and universities.\n ``(e) Criteria for Qualification.--\n ``(1) In general.--(A) An institution of higher education \n may qualify for an award under this section only if such \n institution--\n ``(i) applies to the Secretary in writing, for the \n award;\n ``(ii) permits a rigorous evaluation in accordance \n with subparagraphs (B) and (C) of the success of the \n institution's curriculum for total quality management \n and process manufacturing engineering; and\n ``(iii) meets such requirements and specifications \n as the Secretary, after receiving recommendations from \n the board of overseers, determines to be appropriate to \n achieve the purposes of this section.\n ``(B) In carrying out the provisions of clause (ii) of \n subparagraph (A), the Secretary shall develop evaluation \n criteria and procedures.\n ``(C) In applying the provisions of clause (iii) of \n subparagraph (A) with respect to any institution of higher \n education, the Secretary shall rely upon intensive evaluation \n by the board of overseers which shall--\n ``(i) review the information submitted by the \n institution of higher education, and through a site \n visit verify the achievements of--\n ``(I) the total quality management \n curriculum and process manufacturing \n engineering programs of such institution; and\n ``(II) such institution in practicing total \n quality management;\n ``(ii) encompass all aspects of the institution of \n higher education's total quality management and process \n manufacturing engineering program, as well as such \n institution's future goals for its total quality \n management and process manufacturing engineering \n curriculum; and\n ``(iii) include an analysis of whether the \n institution of higher education in practicing or \n applying total quality management to its relationships \n with industry and in its day-to-day administration of \n the institution.\n ``(2) Contractual arrangements.--The Secretary may, under \n appropriate contractual arrangements, carry out the Secretary's \n responsibilities under subparagraphs (A) and (B) of paragraph \n (1) through one or more broadbased nonprofit entities which are \n leaders in the field of quality improvement programs and which \n have a history of service to society.\n ``(3) Responsibilities of the board of overseers.--The \n board of overseers shall meet annually to review the work of \n the Secretary or the contractor and make such suggestions for \n the improvement of the award process as such board deems \n necessary. The board of overseers shall report the results of \n the award activities to the Secretary each fiscal year, along \n with its recommendations for improvement of the award process.\n ``(f) Information and Evaluation.--The Secretary shall ensure that \neach applicant for an award under this section receives the complete \nresults of the evaluation of such institution conducted pursuant to \nsubsection (e)(1)(ii) as well as detailed explanations of all \nsuggestions for improvements. The Secretary shall also provide \ninformation about the awards and successful total quality management \nand process manufacturing engineering curriculum of the award-winning \ninstitutions of higher education to each applicant for an award under \nthis section and other appropriate groups.\n ``(g) Funding.--The Secretary is authorized to seek and accept \ngifts and donations of property or services from public and private \nsources to carry out the award program assisted under this section.\n ``(h) Report.--The Secretary shall prepare and submit to the \nPresident and the Congress, within 3 years after the date of the \nenactment of this section, a report on the progress, findings, and \nconclusions of activities conducted pursuant to this section along with \na recommendation for possible modifications thereof.\n ``(i) Definitions.--For the purpose of this section--\n ``(1) the term `board of overseers' means the board of \n overseers established pursuant to section 17(d)(2)(B) of this \n Act for the year in which the determination is made;\n ``(2) the term `manufacturing process technology' means \n engineering training which specializes in understanding and \n implementing a manufacturing process under which a high quality \n product is produced in a timely fashion, including simulative \n engineering and the skills necessary for rapid representative \n prototyping;\n ``(3) the term `Secretary' means the Secretary of Commerce; \n and\n ``(4) the term `total quality management' means a \n management approach which includes--\n ``(A) systems thinking; and\n ``(B) statistical proces control, theories of human \n behavior, leadership, and planning that is quality-\n driven, customer-oriented, and committed to teamwork.\n ``(j) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for each fiscal year to \ncarry out this section.''.","summary":"National Quality Commitment Award Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the National Commitment to Quality Award Program involving the awarding of a medal and at least three monetary competitive awards to institutions of higher education. Authorizes specialized monetary awards to any institution of higher education that excels in teaching or practicing either total quality management (TQM) or process manufacturing engineering services productivity improvement.","title":"National Quality Commitment Award Act of 1993","text_len":15313,"sum_len":515} {"bill_id":"112_hr2952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Immigration Backlog Reduction Act of \n2011''.\n\nSEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.\n\n Section 235(b)(1)(A) of the Immigration and Nationality Act (8 \nU.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) \nand inserting the following:\n ``(i) In general.--If an immigration \n officer determines that an alien (other than an \n alien described in subparagraph (F)) who is \n arriving in the United States, or who has not \n been admitted or paroled into the United States \n and has not been physically present in the \n United States continuously for the 4-year \n period immediately prior to the date of the \n determination of inadmissibility under this \n paragraph, is inadmissible under section \n 212(a)(6)(C) or 212(a)(7), the officer shall \n order the alien removed from the United States \n without further hearing or review, unless--\n ``(I) the alien has been charged \n with a crime;\n ``(II) the Secretary determines \n that the alien presents a significant \n risk to national security; or\n ``(III) the alien indicates an \n intention to apply for asylum under \n section 208 or a credible fear of \n persecution and the officer determines \n that the alien has been physically \n present in the United States for less \n than 1 year.\n ``(ii) Claims for asylum.--If an \n immigration officer determines that an alien \n (other than an alien described in subparagraph \n (F)) who is arriving in the United States, or \n who has not been admitted or paroled into the \n United States and has not been physically \n present in the United States continuously for \n the 4-year period immediately prior to the date \n of the determination of inadmissibility under \n this paragraph, is inadmissible under section \n 212(a)(6)(C) or 212(a)(7), and the alien \n indicates either an intention to apply for \n asylum under section 208 or a credible fear of \n persecution, the officer shall refer the alien \n for an interview by an asylum officer under \n subparagraph (B) if the officer determines that \n the alien has been physically present in the \n United States for less than 1 year.''.\n\nSEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.\n\n (a) In General.--Section 238 of the Immigration and Nationality Act \n(8 U.S.C. 1228) is amended--\n (1) by amending the section heading to read as follows: \n ``expedited removal of criminal aliens'';\n (2) in subsection (a), by amending the subsection heading \n to read as follows: ``Expedited Removal From Correctional \n Facilities'';\n (3) in subsection (b), by amending the subsection heading \n to read as follows: ``Removal of Criminal Aliens'';\n (4) in subsection (b), by striking paragraphs (1) and (2) \n and inserting the following:\n ``(1) The Secretary of Homeland Security may, in the case \n of an alien described in paragraph (2), determine the \n deportability of such alien and issue an order of removal \n pursuant to the procedures set forth in this subsection or \n section 240.\n ``(2) An alien is described in this paragraph if the alien, \n whether or not admitted into the United States--\n ``(A) was convicted of any criminal offense \n described in subparagraph (A)(iii), (C), or (D) of \n section 237(a)(2); and\n ``(B) at the time of the commission of the offense \n of which that alien was convicted, that alien was--\n ``(i) not lawfully admitted for permanent \n residence; or\n ``(ii) had permanent resident status on a \n conditional basis (as described in section \n 216).'';\n (5) in the first subsection (c) (relating to presumption of \n deportability), by striking ``convicted of an aggravated \n felony'' and inserting ``described in paragraph (b)(2)''; and\n (6) by redesignating the second subsection (c) (relating to \n judicial removal) as subsection (d).\n (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 \nU.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether \ntemporarily or otherwise,'' after ``enjoin''.","summary":"Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.","title":"To provide for expedited removal of certain aliens, and for other purposes.","text_len":5454,"sum_len":205} {"bill_id":"104_hr1801","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Power Asset Privatization \nAct of 1995''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) the Federal Power Marketing Administrations, over the \n years, have served to help bring electricity to many areas in \n the Nation;\n (2) they have done so with the investment of the American \n taxpayer;\n (3) the necessity of federally owned power generation and \n transmission facilities has passed and halting this practice is \n in the best national interest of the United States;\n (4) in fairness to the longtime consumers of Federal Power \n Marketing Administrations, any process of sale should be open \n to them;\n (5) the taxpayers, through investing in the construction \n and operation, have established equity in the facilities; and\n (6) this equity entitles the American taxpayer to expect \n the highest possible return in the sale process.\n\nSEC. 3. SALE OF ASSETS.\n\n (a) Sale of Assets.--The Secretary of Energy (hereinafter referred \nto as ``the Secretary'') is authorized and directed to take such steps \nas necessary to sell all electric power generation facilities and \ntransmission facilities, that are currently owned and operated by \nFederal departments and agencies under the supervision of, or \ncoordination with, the Federal Power Marketing Administrations. No \nforeign person or corporation may purchase any such facilities; such \nfacilities may be sold only to a United States citizen or to a \ncorporation or partnership organized under the laws of a State. After \nsuch sales are completed the Secretary shall terminate the operations \nof the Federal Power Marketing Administrations. The heads of other \naffected Federal departments and agencies shall assist the Secretary of \nEnergy in implementing the sales authorized by this section.\n (b) Price; Structure of Sale.--\n (1) Price.--The Secretary shall obtain the highest possible \n price for such facilities. In determining the highest possible \n price, the value of future tax revenues shall be included.\n (2) Retention of financial advisor.--In order to conduct \n the sales authorized by this section in such manner as will \n produce the highest possible price for the facilities to be \n sold consistent with this Act, within 30 days of enactment of \n this section, the Secretary shall, through a competitive \n bidding process, retain an experienced private sector firm to \n serve as financial advisor to the Secretary with respect to \n such sales.\n (3) Financial advisor's report.--Within 90 days of being \n retained by the Secretary, the financial advisor shall provide \n to the Secretary a report containing--\n (A) a description of those assets described in \n subsection (a) which, in the opinion of the financial \n advisor, can be successfully transferred to private \n sector ownership or operation;\n (B) the value of each such asset, calculated on the \n basis of the valuation method or methods which the \n financial advisor deems most appropriate to a \n particular asset;\n (C) the appropriate alternative transactional \n methods for transferring each such asset to private \n sector ownership or operation;\n (D) the amount of proceeds which the financial \n advisor estimates would be paid to the United States \n Government as a result of such transaction, including \n the present value of future revenue from taxes and any \n other future payments to be made to the United States \n Government; and\n (E) an estimate of the average market rate for \n wholesale electric power sales within each region \n served by a Federal Power Marketing Administration.\n (c) Time of Sale.--Sales of facilities under this section shall be \nconducted in accordance with the time of sale schedule set forth in \nsection 4. At least one year before the date of any sale specified in \nsuch schedule, the Secretary, in consultation with the Secretary of the \nArmy and the Secretary of the Interior, and based on the \nrecommendations of the financial advisor, shall select the facilities \nor groups of facilities to be sold and establish the terms and \nconditions of the sale.\n (d) Former Employees of PMAS.--It is the sense of the Congress that \nthe purchaser of any such facilities should offer to employ, where \npossible, former employees of the Federal Power Marketing \nAdministrations in connection with the operation of the facilities \nfollowing their purchase.\n (e) Proceeds.--The Secretary of Energy shall deposit sale proceeds \nin the Treasury of the United States to the credit of miscellaneous \nreceipts.\n (f) Preparation.--The Secretary of Energy is authorized to use \nfunds appropriated to the Department of Energy for the Federal Power \nMarketing Administrations and funds otherwise appropriated to other \nFederal agencies for power generation and related activities in order \nto prepare these assets for sale and conveyance. Such preparation shall \nprovide sufficient title to ensure the beneficial use, enjoyment, and \noccupancy to the purchasers of the assets to be sold and shall include \nidentification of all associated laws and regulations to be amended for \nthe purpose of these sales. The Secretary of Energy shall undertake a \nstudy of the effect of sales of facilities under this Act on existing \ncontracts for the sale of electric power generated at such facilities.\n (g) Reporting of Sales.--Not later than one year after the sale of \nthe assets of each Federal Power Marketing Administration in accordance \nwith this Act, the Secretary of Energy shall--\n (1) complete the business of, and close out, such \n administration; and\n (2) prepare and submit to Congress a report documenting the \n sales.\n (h) Treatment of Sales For Purposes of Certain Laws.--The sales of \nassets under this Act shall not be considered a disposal of Federal \nsurplus property under the following provisions of law:\n (1) Section 203 of the Federal Property and Administrative \n Services Act of 1949 (40 U.S.C. 484).\n (2) Section 13 of the Surplus Property Act of 1944 (50 \n U.S.C. App. 1622).\n\nSEC. 4. TIME OF SALES.\n\n (a) Schedule.--During the next 5 years, the Secretary of Energy \nshall complete the sale of the electric power generation and \ntransmission assets referred to in section 3 in accordance with the \nfollowing schedule:\n\n\n------------------------------------------------------------------------\n Power Administration Sale Completion Date \n------------------------------------------------------------------------\n Alaska Before September 30, 1996 \n Southeastern Before September 30, 1997 \n Southwestern Before September 30, 1998 \n Western Area Before September 30, 1999 \n Bonneville Before September 30, 2000 \n------------------------------------------------------------------------\n\n (b) Unexpended Balances.--Following the sale of the assets of each \nof the Federal Power Marketing Administrations and their associated \npower generation facilities, the Secretary of Energy shall return the \nunexpended balances of funds appropriated for that administration to \nthe Treasury of the United States.\n\nSEC. 5. RATE STABILIZATION FOR AFFECTED CONSUMERS.\n\n So that the affected consumers of each Federal Power Marketing \nAdministration are not impacted by severe rate increases, each \npurchaser of electric power generation facilities providing electric \npower to customers within any region shall be required, as part of the \nagreement to purchase such facilities, to insure that the price at \nwhich electric power is sold to such consumers does not increase above \nthe baseline price at a rate greater than 10 percent annually. For \npurposes of this section, the term ``baseline price'' means the price \nfor the sale of electric power to a consumer that is in effect on the \ndate of the sale of the facility. The preceding sentence shall cease to \napply when the price at which electric power is sold to a consumer is \nat least equal to the average market rate for wholesale electric power \nsales within the region concerned, as determined by the Financial \nAdvisor.\n\nSEC. 6. LICENSING OF PROJECTS TO PRESERVE CURRENT OPERATING CONDITIONS.\n\n (a) Original License.--Simultaneously with the sale of \nhydroelectric generation facility under this Act, the Federal Energy \nRegulatory Commission shall issue an original license under part 1 of \nthe Federal Power Act (16 U.S.C. 791a-823b) to the purchaser for the \nconstruction, operation, and maintenance of such facility. Such license \nshall expire on the date 10 years after the date of the sale facility \nand shall contain standard terms and conditions for hydroelectric power \nlicenses issued under part 1 of such Act for facilities installed at \nFederal water projects, together with such additional terms and \nconditions as the Commission deems necessary, in consultation with the \ndepartment or agency which operates such water project, to further the \nproject purposes and insure that the project will continue operations \nin the same manner and subject to the same procedures, contracts, and \nother requirements as were applicable prior to the sale. The Commission \nshall publish such license terms and conditions for each facility to be \nsold under this Act as promptly as practicable after the date of the \nenactment of this Act but not later than one year prior to the date \nestablished for the sale of the facility.\n (b) License Required.--Notwithstanding any other provision of law, \nthe Federal Energy Regulatory Commission shall have jursidiction under \npart 1 of the Federal Power Act over any hydroelectric generation \nfacility sold under this Act.\n\nSEC. 7. ENABLING FEDERAL STUDIES.\n\n Section 505 of the Energy and Water Development Appropriations Act \nof 1993 (Public Law 102-377) is hereby repealed.\n\nSEC. 8. DEFINITION OF POWER GENERATION FACILITY.\n\n For purposes of this Act, the term ``power generation facility'' \nmeans a facility used for the generation of electric energy. If any \nportion of a structure or other facility is used for flood control, \nwater supply or other purposes in addition to the generation of \nelectric energy, such term refers only to that portion of the structure \nor facility used exclusively for the generation of electric energy, \nincluding turbines, generators, controls, substations, and primary \nlines used for transmitting electric energy therefrom to the point of \njuncture with the interconnected primary transmission system. Such term \nshall not include any portion of a facility used for navigation, flood \ncontrol, irrigation, water supply, or recreation.","summary":"Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations. Restricts such sales to domestic entities or US citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration. Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against the use of appropriated funds for studies regarding a changeover from an at cost to a market rate or other noncost-based methodology for pricing hydroelectric power.","title":"Federal Power Asset Privatization Act of 1995","text_len":11365,"sum_len":1776} {"bill_id":"114_hr5199","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Construction \nConsensus Procurement Improvement Act of 2016''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Congressional findings.\nSec. 3. Design-build construction process improvement.\nSec. 4. Prohibition on the use of a reverse auction for the award of a \n contract for design and construction \n services.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n Congress makes the following findings:\n (1) The acquisition procedures that are often used \n effectively to procure products and other forms of services are \n not always appropriate for procurement of design and \n construction services.\n (2) Federal procurement officials often adopt contracting \n techniques from the private sector and have used those \n techniques effectively to procure products and services.\n (3) Design-build is a procurement technique Federal \n officials have adopted from the private sector that has worked \n well for procurement of design and construction services.\n (4) The current statutory framework for design-build could \n benefit from legislative refinement.\n (5) Reverse auctions are another procurement technique \n Federal officials have adopted from the private sector and used \n successfully to award contracts for the purchase of products \n that are commercially equivalent to commodities.\n (6) Despite their success in other contexts, reverse \n auctions are generally inappropriate for procurement of design \n and construction services, given the unique nature of each such \n project.\n\nSEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.\n\n (a) Civilian Contracts.--\n (1) In general.--Section 3309(b) of title 41, United States \n Code, is amended to read as follows:\n ``(b) Criteria for Use.--\n ``(1) Contracts with a value of at least $750,000 \n $3,000,000.--Two-phase selection procedures shall be used for \n entering into a contract for the design and construction of a \n public building, facility, or work when a contracting officer \n determines that the project has a value of $750,000 $3,000,000 \n or greater, as adjusted for inflation in accordance with \n section 1908 of this title.\n ``(2) Contracts with a value less than $750,000 \n $3,000,000.--For projects that a contracting officer determines \n have a value of less than $750,000 $3,000,000, the contracting \n officer shall make a determination whether two-phase selection \n procedures are appropriate for use for entering into a contract \n for the design and construction of a public building, facility, \n or work when--\n ``(A) the contracting officer anticipates that 3 or \n more offers will be received for the contract;\n ``(B) design work must be performed before an \n offeror can develop a price or cost proposal for the \n contract;\n ``(C) the offeror will incur a substantial amount \n of expense in preparing the offer; and\n ``(D) the contracting officer has considered \n information such as--\n ``(i) the extent to which the project \n requirements have been adequately defined;\n ``(ii) the time constraints for delivery of \n the project;\n ``(iii) the capability and experience of \n potential contractors;\n ``(iv) the suitability of the project for \n use of the two-phase selection procedures;\n ``(v) the capability of the agency to \n manage the two-phase selection process; and\n ``(vi) other criteria established by the \n agency.''.\n (2) Annual reports.--\n (A) In general.--Not later than November 30 of \n 2017, 2018, 2019, 2020, and 2021, the head of each \n agency shall compile an annual report of each instance \n in which the agency awarded a design-build contract \n pursuant to section 3309 of title 41, United States \n Code, during the fiscal year ending in such calendar \n year, in which--\n (i) more than 5 finalists were selected for \n phase-two requests for proposals; or\n (ii) the contract or order was awarded \n without using two-phase selection procedures.\n (B) Public availability.--The Director of the \n Office of Management and Budget shall facilitate public \n access to the reports, including by posting them on a \n publicly available Internet website. A notice of the \n availability of each report shall be published in the \n Federal Register.\n (b) GAO Reports.--Not later than 270 days after the deadline for \nthe final reports required under subsection (f) of section 3309 of \ntitle 41, United States Code, as added by subsection (a)(1), the \nComptroller General of the United States shall issue a report analyzing \nthe compliance of the various Federal agencies with the requirements of \nsuch section.\n\nSEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A \n CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.\n\n (a) Finding.--Congress finds that, in contrast to a traditional \nauction in which the buyers bid up the price, sellers bid down the \nprice in a reverse auction.\n (b) Prohibition.--Not later than 180 days after the date of the \nenactment of this Act, the Federal Acquisition Regulatory Council, in \nconsultation with the Administrator for Federal Procurement Policy, \nshall amend the Federal Acquisition Regulation to prohibit the use of \nreverse auctions as part of the two-phase selection procedure for \nawarding contracts for construction and design services.\n (c) Definitions.--For purposes of this section--\n (1) the term ``design and construction services'' means--\n (A) site planning and landscape design;\n (B) architectural and engineering services \n (including surveying and mapping defined in section \n 1101 of title 40, United States Code);\n (C) interior design;\n (D) performance of substantial construction work \n for facility, infrastructure, and environmental \n restoration projects;\n (E) delivery and supply of construction materials \n to construction sites; or\n (F) construction or substantial alteration of \n public buildings or public works; and\n (2) the term ``reverse auction'' means, with respect to \n procurement by an agency--\n (A) a real-time auction conducted through an \n electronic medium among 2 or more offerors who compete \n by submitting bids for a supply or service contract \n with the ability to submit revised lower bids at any \n time before the closing of the auction; and\n (B) the award of the contract, delivery order, task \n order, or purchase order to the offeror, in whole or in \n part, based on the price obtained through the auction \n process.\n ","summary":"Construction Consensus Procurement Improvement Act of 2016 This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. Federal agencies must report, each year through FY2021,nbsp. On each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures. The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A reverse auction, with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction. And (2) the award of the contract, delivery order, task order, or purchase order to thenbsp, offeror based on the price obtained through the auction process.","title":"Construction Consensus Procurement Improvement Act of 2016","text_len":8027,"sum_len":1768} {"bill_id":"110_hr4139","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``College and University Rural \nEducation (CURE) Act of 2007''.\n\nSEC. 2. ESTABLISHMENT OF PROGRAM.\n\n The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is \namended by adding at the end the following new title:\n\n ``TITLE VIII--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND \n UNIVERSITIES\n\n``SEC. 801. PURPOSE.\n\n ``The purposes of this title are--\n ``(1) to increase--\n ``(A) enrollment and graduation rates from 2-year \n and 4-year colleges, and articulation from 2-year \n degree programs into 4-year degree programs of \n graduates of rural high schools; and\n ``(B) degree completion for nontraditional students \n from rural areas; and\n ``(2) to promote economic growth and development in rural \n America through partnership grants to consortia of rural \n colleges and universities and other entities, such as local \n educational agencies, employers, education service agencies, \n and nonprofit organizations.\n\n``SEC. 802. DEFINITIONS.\n\n ``For the purposes of this title:\n ``(1) Rural institution of higher education.--The term \n `rural institution of higher education' means an institution of \n higher education (as such term is defined in section 101) that \n primarily serves rural areas.\n ``(2) Rural area.--The term `rural area' means an area in \n which there is located a rural local educational agency.\n ``(3) Rural local educational agency.--The term `rural \n local educational agency' means a local educational agency (as \n such term is defined in section 9101 of the Elementary and \n Secondary Education Act of 1965) that is designated with a \n metrocentric locale code of 41, 42, or 43 as determined by the \n National Center for Education Statistics (NCES), in conjunction \n with the Bureau of the Census, using the NCES system for \n classifying local educational agencies.\n ``(4) Nontraditional student.--The term `nontraditional \n student' means an individual who--\n ``(A) delays enrollment in an institution of higher \n education by 3 or more years after completing high \n school;\n ``(B) attends an institution of higher education \n part-time or less than part-time; or\n ``(C) attends an institution of higher education \n and--\n ``(i) works full-time;\n ``(ii) is an independent student;\n ``(iii) has one or more dependents other \n than a spouse;\n ``(iv) is a single parent; or\n ``(v) does not have a high school diploma \n or a general equivalency diploma (GED).\n ``(5) Regional employer.--The term `regional employer' \n means employers qualifying as businesses or other entities \n employing individuals within a rural area.\n\n``SEC. 803. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES.\n\n ``(a) Grants Authorized.--The Secretary of Education is authorized \nto make grants in accordance with this section to partnerships formed \nbetween one or more rural institution of higher education and any of \nthe following entities:\n ``(1) One or more rural local educational agencies.\n ``(2) One or more rural education service agencies.\n ``(3) One or more regional employers.\n ``(4) One or more nonprofit organizations with expertise in \n rural education.\n ``(b) Eligible Partnerships; Applications.--To be eligible for a \ngrant under this section, a partnership that meets the requirements of \nsubsection (a) shall submit to the Secretary an application in such \nform and containing such information as the Secretary shall prescribe. \nIn determining which applications to approve for a grant under this \nsection, the Secretary shall consider--\n ``(1) the percentage of graduates, attendees, or former \n attendees of high schools from rural local educational agencies \n enrolled or otherwise affiliated with the entity;\n ``(2) in the case of employers, the percentage of employees \n that are graduates of high schools in rural local educational \n agencies.\n ``(c) Use of Grant Amounts.--Funds made available by a grant under \nthis section to a partnership that meets the requirements of shall be \nused--\n ``(1) to improve enrollment rates for graduates and former \n attendees of rural high schools at rural institutions of higher \n education, including--\n ``(A) programs to provide information about college \n costs and financial aid options, assistance with \n college enrollment applications, and assistance with \n financial aid applications;\n ``(B) programs or initiatives that provide such \n individuals of rural high schools access and exposure \n to campuses, classes, programs, and facilities of rural \n institutions of higher education, including covering \n the cost of transportation to and from institutions of \n higher education;\n ``(C) the formation of groups or other initiatives \n that create support groups of such students expressing \n interest in attending rural institutions of higher \n education;\n ``(D) extra curricular activities, such as \n internships, community service, and other activities \n for such individuals in advance of attending \n institutions of higher education; and\n ``(E) other initiatives that assist such \n individuals in applying and developing interest in \n attending rural institutions of higher education; and\n ``(2) to encourage participation of nontraditional students \n in degree programs at rural institutions of higher education, \n including--\n ``(A) programs to provide information about college \n costs and financial aid options, assistance with \n college enrollment applications, and assistance with \n financial aid applications for institutions of higher \n education;\n ``(B) outreach to nontraditional students through \n community initiatives; and\n ``(C) formation of support groups for \n nontraditional students enrolling in 2-year degree \n programs and articulating from 2-year degree programs \n to 4-year degree programs.\n\n``SEC. 804. ECONOMIC DEVELOPMENT PARTNERSHIPS.\n\n ``(a) Grants Authorized.--The Secretary of Education is authorized \nto make grants in accordance with this section to partnerships formed \nbetween one or more rural institutions of higher education and one or \nmore regional employers.\n ``(b) Eligible Partnerships; Applications.--To be eligible for a \ngrant under this section, a partnership that meets the requirements of \nsubsection (a) shall submit to the Secretary an application in such \nform and containing such information as the Secretary shall prescribe. \nIn determining which applications to approve for a grant under this \nsection, the Secretary shall consider--\n ``(1) the potential of the employer to employ graduates of \n rural institutions of education after graduation;\n ``(2) the potential of the employer engaged in the \n partnership to spur economic development in the region; and\n ``(3) the relevance of the employer to the regional \n economy.\n ``(c) Use of Grant Amounts.--Funds made available by a grant under \nthis section to a partnership that meets the requirements of subsection \n(a) shall be used--\n ``(1) to provide additional career training to attendees of \n rural institutions of education in fields relevant to the \n regional economy; and\n ``(2) to encourage regional businesses to employ graduates \n of rural institutions of education.\n\n``SEC. 805. QUALITY OF LIFE IN RURAL AREAS.\n\n ``(a) Grants Authorized.--The Secretary of Education is authorized \nto make grants in accordance with this section to rural institutions of \nhigher education.\n ``(b) Use of Grant Amounts.--Funds made available by a grant under \nthis section to a partnership that meets the requirements of subsection \n(a) shall be used to create or strengthen academic programs to prepare \ngraudates to enter into high-need occupations in the regional and local \neconomies\n\n``SEC. 806. ALLOCATION OF APPROPRIATIONS.\n\n ``(a) Grant Considerations.--In making grant allocations under this \ntitle to qualifying institutions and partnerships, the Secretary shall \nconsider--\n ``(1) the percentage of graduates of rural high schools \n attending rural institutions of higher education in proximity \n to the entity receiving the grant;\n ``(2) employment needs of regional employers in proximity \n to entities receiving the grant; and\n ``(3) the health of the regional economy of the region \n surrounding the entity receiving the grant.\n ``(b) Maximum and Minimum Grants.--No grant awarded by the \nSecretary under this title shall be less than $200,000 or more than \n$500,000.\n ``(c) Grant Duration.--A grant awarded under this title shall be \nawarded for one 3-year period.\n\n``SEC. 807. GAO STUDY.\n\n ``Commission a study to be completed in 5 years to identify the \nchallenges and solutions to increasing the availability of and access \nto 4-year degree programs and institutions in rural America. The GAO \nshall investigate and make recommendations to Congress regarding--\n ``(1) the existing number of 4-year institutions of higher \n education and 4-year degree programs in rural America;\n ``(2) access to 4-year degree programs and institutions in \n rural America;\n ``(3) the cost, availability of resources and challenges \n associated with the establishment and expansion of 4-year \n degree programs in rural America; and\n ``(4) the role of rural America in contributing to overall \n bachelor's degree attainment in the United States, as a measure \n of United States global competitiveness.\n\n``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated--\n ``(1) for fiscal year 2009--\n ``(A) $15,000,000 to cary out section 803;\n ``(B) $10,000,000 to carry out section 804; and\n ``(C) $5,000,000 to carry out section 805; and\n ``(2) such sums as may be necessary for each of the 4 \n succeeding fiscal years to carry out such sections.''.","summary":"College and University Rural Education (CURE) Act of 2007 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to partnerships between rural institutions of higher education (IHEs) and rural local educational agencies, rural education service agencies, regional employers, or rural education nonprofit organizations for activities to: (1) improve the rural IHE enrollment rates of rural high school graduates and former attendees. And (2) encourage nontraditional students' participation in rural IHE degree programs. Authorizes the Secretary to award grants to partnerships between rural IHEs and regional employers to: (1) provide additional training to rural IHE attendees in careers relevant to the regional economy. And (2) encourage regional businesses to employ rural IHE graduates. Authorizes the Secretary to award grants to rural IHEs to create or strengthen academic programs that prepare graduates to enter high-need occupations in the regional and local economies. Requires the General Accountability Office (GAO) to investigate, and make recommendations to Congress regarding the improvement of, rural access to four-year IHEs and degree programs.","title":"To amend the Higher Education Act of 1965 to improve participation in higher education of, and increase opportunities in employment for, residents of rural areas.","text_len":11284,"sum_len":1206} {"bill_id":"108_s225","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Unemployment Compensation \nAct of 2003''.\n\nSEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED \n UNEMPLOYMENT COMPENSATION.\n\n (a) Entitlement to Additional Weeks.--\n (1) In general.--Paragraph (1) of section 203(b) of the \n Temporary Extended Unemployment Compensation Act of 2002 \n (Public Law 107-147; 116 Stat. 28) is amended--\n (A) in subparagraph (A), by striking ``50 percent'' \n and inserting ``100 percent''; and\n (B) in subparagraph (B), by striking ``13 times'' \n and inserting ``26 times''.\n (2) Repeal of restriction on augmentation during \n transitional period.--Section 208(b) of the Temporary Extended \n Unemployment Compensation Act of 2002 (Public Law 107-147), as \n amended by Public Law 108-1, is amended--\n (A) in paragraph (1)--\n (i) by striking ``paragraphs (2) and (3)'' \n and inserting ``paragraph (2)''; and\n (ii) by inserting before the period at the \n end the following: ``, including such \n compensation by reason of amounts deposited in \n such account after such date pursuant to the \n application of subsection (c) of such \n section'';\n (B) by striking paragraph (2); and\n (C) by redesignating paragraph (3) as paragraph \n (2).\n (3) Extension of transition limitation.--Section 208(b)(2) \n of the Temporary Extended Unemployment Compensation Act of 2002 \n (Public Law 107-147), as amended by Public Law 108-1 and as \n redesignated by paragraph (2), is amended by striking ``August \n 30, 2003'' and inserting ``December 31, 2003''.\n (4) Conforming amendment for augmented benefits.--Section \n 203(c)(1) of the Temporary Extended Unemployment Compensation \n Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by \n striking ``the amount originally established in such account \n (as determined under subsection (b)(1))'' and inserting ``7 \n times the individual's average weekly benefit amount for the \n benefit year''.\n (b) Effective Date and Application.--\n (1) In general.--The amendments made by subsection (a) \n shall apply with respect to weeks of unemployment beginning on \n or after the date of enactment of this Act.\n (2) TEUC-X amounts deposited in account prior to date of \n enactment deemed to be the additional teuc amounts provided by \n this section.--In applying the amendments made by subsection \n (a) under the Temporary Extended Unemployment Compensation Act \n of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of \n Labor shall deem any amounts deposited into an individual's \n temporary extended unemployment compensation account by reason \n of section 203(c) of such Act (commonly known as ``TEUC-X \n amounts'') prior to the date of enactment of this Act to be \n amounts deposited in such account by reason of section 203(b) \n of such Act, as amended by subsection (a) (commonly known as \n ``TEUC amounts'').\n (3) Application to exhaustees and current beneficiaries.--\n (A) Exhaustees.--In the case of any individual--\n (i) to whom any temporary extended \n unemployment compensation was payable for any \n week beginning before the date of enactment of \n this Act; and\n (ii) who exhausted such individual's rights \n to such compensation (by reason of the payment \n of all amounts in such individual's temporary \n extended unemployment compensation account) \n before such date,\n such individual's eligibility for any additional weeks \n of temporary extended unemployment compensation by \n reason of the amendments made by subsection (a) shall \n apply with respect to weeks of unemployment beginning \n on or after the date of enactment of this Act.\n (B) Current beneficiaries.--In the case of any \n individual--\n (i) to whom any temporary extended \n unemployment compensation was payable for any \n week beginning before the date of enactment of \n this Act; and\n (ii) as to whom the condition described in \n subparagraph (A)(ii) does not apply,\n such individual shall be eligible for temporary \n extended unemployment compensation (in accordance with \n the provisions of the Temporary Extended Unemployment \n Compensation Act of 2002, as amended by subsection (a)) \n with respect to weeks of unemployment beginning on or \n after the date of enactment of this Act.\n (4) Redetermination of eligibility for augmented amounts \n for individuals for whom such a determination was made prior to \n the date of enactment.--Any determination of whether the \n individual's State is in an extended benefit period under \n section 203(c) of the Temporary Extended Unemployment \n Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) \n made prior to the date of enactment of this Act shall be \n disregarded and the determination under such section shall be \n made as follows:\n (A) Individuals who exhausted 13 teuc and 13 teux-x \n weeks prior to the date of enactment.--In the case of \n an individual who, prior to the date of enactment of \n this Act, received 26 times the individual's average \n weekly benefit amount through an account established \n under section 203 of the Temporary Extended \n Unemployment Compensation Act of 2002 (Public Law 107-\n 147; 116 Stat. 28) (by reason of augmentation under \n subsection (c) of such section), the determination \n shall be made as of the date of the enactment of this \n Act.\n (B) All other individuals.--In the case of an \n individual who is not described in subparagraph (A), \n the determination shall be made at the time that the \n individual's account established under such section \n 203, as amended by subsection (a), is exhausted.\n\n\n\n\n ","summary":"Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation . Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003. Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003. Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts . Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries.","title":"A bill to provide for emergency unemployment compensation.","text_len":7534,"sum_len":867} {"bill_id":"109_hr4959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reciprocity and Fairness in Foreign \nInvestment Act''.\n\nSEC. 2. LIMITATIONS ON INVESTMENT AND CERTAIN OPERATIONS BY FOREIGN \n ENTITIES.\n\n (a) Limitations.--\n (1) On government-owned enterprises.--A foreign person that \n is owned or controlled by the government of a foreign country \n may--\n (A) acquire or hold an equity interest, or other \n evidence of ownership, in a corporation, partnership, \n or other business entity, that is organized under the \n laws of the United States, or\n (B) acquire or hold any interest in real property \n in the United States,\n only to the same extent as that foreign country allows United \n States persons to acquire or hold (as the case may be) equity \n interests or other evidences of ownership in comparable \n business concerns organized under the laws of that foreign \n country and to acquire or hold interests in comparable real \n property in that foreign country.\n (2) Investment in and operation of critical \n infrastructure.--A foreign person may acquire or hold a \n property interest in, or control operations, management, or \n security operations of, critical infrastructure in the United \n States only to the same extent as the foreign country of which \n that foreign person is a national allows United States persons \n to acquire or hold equivalent property interests or other \n evidences of ownership in, or to control operations, \n management, or security operations of, comparable critical \n infrastructure in that country.\n (b) Definitions.--In this section:\n (1) Critical infrastructure.--(A) The term ``critical \n infrastructure'' means systems and assets, whether physical or \n virtual, so vital to a country that the incapacity or \n destruction of such systems and assets would have a \n debilitating impact on the security, economic security, or \n public health or safety, of that country. Such term includes--\n (i) any airport, air navigation facility, or \n facility that is part of an air traffic control system;\n (ii) any bridge, any highway, and any railroad \n tracks or facilities;\n (iii) any port facilities;\n (iv) any pipeline that transports oil, natural gas, \n or gasoline or other petroleum products; and\n (v) any electricity generation, transmission, or \n distribution facilities.\n (B) The terms ``airport'', ``air navigation facility'', and \n ``air traffic control system'' have the meanings given those \n terms in section 40102 of title 49, United States Code.\n (2) Foreign person.--The term ``foreign person'' means a \n national of a foreign country.\n (3) Government.--The term ``government of a foreign \n country'' includes any agency or instrumentality of the \n government of a foreign country.\n (4) National of a foreign country.--A person is a national \n of a foreign country if that person is--\n (A) a citizen of that country;\n (B) an entity organized under the laws of that \n country (whether the entity is controlled by private \n persons or government entities);\n (C) a unit of government of that country; or\n (D) an entity that is organized under the laws of \n the United States and is owned or controlled by \n individuals, entities, or units of government described \n in subparagraphs (A), (B), and (C), or any combination \n thereof.\n (5) United states.--The term ``United States'' means the \n several States, the District of Columbia, and any commonwealth, \n territory, or possession of the United States.\n (6) United states person.--The term ``United States \n person'' means--\n (A) any United States citizen;\n (B) any entity that is organized under the laws of \n the United States and is owned or controlled by United \n States citizens, by State or local governments, by the \n United States, or by any combination thereof.\n\nSEC. 3. ENFORCEMENT.\n\n (a) Secretary of the Treasury.--The Secretary of the Treasury, in \nconsultation with the Secretary of Commerce, the Attorney General, and \nthe heads of such other departments and agencies as the Secretary of \nthe Treasury considers appropriate, shall issue such regulations as are \nnecessary to carry out section 2.\n (b) Penalties.--\n (1) Civil penalties.--\n (A) Penalty.--A civil penalty of not more than \n $500,000 shall be imposed on any foreign person who \n violates section 2 or any regulation issued under \n subsection (a) of this section.\n (B) Authority of the secretary of the treasury.--\n The Secretary of the Treasury has the authority to \n impose civil penalties under subparagraph (A).\n (2) Other relief.--The Secretary of the Treasury may bring \n an action in the appropriate United States district court to \n enjoin any violation of section 2 or any regulation issued \n under subsection (a) of this section. In addition, the Attorney \n General, upon the request of the Secretary of the Treasury, \n shall seek appropriate relief, including divestment relief, in \n the district courts in order to enforce this Act.\n\nSEC. 4. ANNUAL REPORT.\n\n The Secretary of the Treasury shall, not later than 120 days after \nthe date of the enactment of this Act and annually thereafter, issue \nand make public a report on the laws of each foreign country regarding \npermissible investment by foreign persons in enterprises organized \nunder the laws of the country and in real property in that country, and \npermissible control by foreign persons of operations and management of \ncritical infrastructure in that country.\n\nSEC. 5. EFFECTIVE DATE.\n\n (a) In General.--Subject to subsection (b), this Act shall take \neffect 180 days after the date of the enactment of this Act.\n (b) Existing Investments.--In order to allow foreign countries the \nflexibility to make the necessary changes to their laws so as to allow \nforeign investment and control affected by this Act, this Act and the \nregulations issued under this Act shall not apply to any equity \ninterest, other property interest, or control of operations or \nmanagement of infrastructure, acquired before the effective date of \nthis Act until the date that is 1 year after such effective date.","summary":"Reciprocity and Fairness in Foreign Investment Act - Permits a foreign person owned or controlled by a foreign government to acquire ownership in either a business, or in real property in the United States, but only to the same extent as that foreign government allows US persons to acquire ownership in comparable enterprises organized under the laws of that foreign country. Subjects investment and operation of critical infrastructure in the United States by such a foreign person to the same reciprocity requirements. Directs the Secretary of the Treasury to issue implementing regulations. Establishes civil penalties for violations of this Act.","title":"To impose limitations on investment and certain operations by foreign entities in the United States.","text_len":7059,"sum_len":650} {"bill_id":"103_s2470","text":"SECTION 1. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds and declares that--\n (1) certain scattered parcels of Federal land located \n within Gilpin County, Colorado, are currently administered by \n the Secretary of the Interior as part of the Royal Gorge \n Resource Area, Canon City District, United States Bureau of \n Land Management;\n (2) these land parcels, comprised of approximately 130 \n separate tracts of land ranging in size from approximately 38 \n acres to much less than an acre, have been identified as \n suitable for disposal by the Bureau of Land Management through \n its resource management planning process and are appropriate \n for disposal; and\n (3) even though these land parcels are scattered and small \n in size, they nevertheless appear to have a fair market value \n which may be used by the Federal Government to exchange for \n lands which will better lend themselves to Federal management \n and have higher values for future public access, use and \n enjoyment, recreation, the protection and enhancement of fish \n and wildlife and fish and wildlife habitat, and the protection \n of riparian lands, wetlands, scenic beauty and other public \n values.\n (b) Purpose.--It is the purpose of this Act to authorize, direct, \nfacilitate and expedite the land exchange set forth herein in order to \nfurther the public interest by disposing of Federal lands with limited \npublic utility and acquire in exchange therefor lands with important \nvalues for permanent public management and protection.\n\nSEC. 2. LAND EXCHANGE.\n\n (a) In General.--The exchange directed by this Act shall be \nconsummated if within 90 days after enactment of this Act, Lake Gulch, \nInc., a Colorado corporation (as defined in section 4 of this Act), \noffers to transfer to the United States pursuant to the provisions of \nthis Act the offered lands or interests in land described herein.\n (b) Conveyance by Lake Gulch.--Subject to the provisions of section \n3 of this Act, Lake Gulch shall convey to the Secretary of the Interior \nall right, title, and interest in and to the following offered lands:\n (1) Certain lands comprising approximately 40 acres with \n improvements thereon located in Larimer County, Colorado, and \n lying within the boundaries of Rocky Mountain National Park as \n generally depicted on a map entitled ``Circle C Church Camp'', \n dated August 1994, which shall upon their acquisition by the \n United States and without further action by the Secretary of \n the Interior be incorporated into Rocky Mountain National Park \n and thereafter be administered in accordance with the laws, \n rules and regulations generally applicable to the National Park \n System and Rocky Mountain National Park.\n (2) Certain lands located along the Arkansas River in Lake \n County, Colorado, which comprise approximately 517 acres, as \n generally depicted on a map entitled ``Arkansas River \n Headwaters Frontage'', dated August 1994.\n (3) Certain lands located within and adjacent to the United \n States Bureau of Land Management San Luis Resource Area in \n Conejos County, Colorado, which comprise approximately 3,993 \n acres and are generally depicted on a map entitled ``Quinlan \n Ranches Tract'', dated August 1994.\n (c) Substitution of Lands.--If one or more of the precise offered \nland parcels identified above is unable to be conveyed to the United \nStates due to appraisal or other problems, Lake Gulch and the Secretary \nmay mutually agree to substitute therefor alternative offered lands \nacceptable to the Secretary.\n (d) Conveyance by the United States.--(1) Upon receipt of title to \nthe lands identified in subsection (a) the Secretary shall \nsimultaneously convey to Lake Gulch all right, title, and interest of \nthe United States, subject to valid existing rights, in and to the \nfollowing selected lands:\n (A) Certain surveyed lands located in Gilpin County, \n Colorado, Township 3 South, Range 72 West, Sixth Principal \n Meridian, Section 18, Lots 118-220, which comprise \n approximately 195 acres and are intended to include all \n federally owned lands in section 18, as generally depicted on a \n map entitled ``Lake Gulch Selected Lands'', dated July 1994.\n (B) Certain surveyed lands located in Gilpin County, \n Colorado, Township 3 South, Range 72 West, Sixth Principal \n Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, \n which comprise approximately 96 acres, as generally depicted on \n a map entitled ``Lake Gulch Selected Lands'', dated July 1994.\n (C) Certain unsurveyed lands located in Gilpin County, \n Colorado, Township 3 South, Range 73 West, Sixth Principal \n Meridian, Section 13, which comprise approximately 10 acres, \n and are generally depicted as parcels 307-326 on a map entitled \n ``Lake Gulch Selected Lands'', dated July 1994: Provided, \n however, That a parcel or parcels of land in section 13 shall \n not be transferred to Lake Gulch if at the time of the proposed \n transfer the parcel or parcels are under formal application for \n transfer to a qualified unit of local government. Due to the \n small and unsurveyed nature of such parcels proposed for \n transfer to Lake Gulch in section 13, and the high cost of \n surveying such small parcels, the Secretary is authorized to \n transfer such section 13 lands to Lake Gulch without survey \n based on such legal or other description as he determines \n appropriate to carry out the basic intent of the map cited in \n this subparagraph.\n (2) If the Secretary and Lake Gulch mutually agree, and the \nSecretary determines it is in the public interest, the Secretary may \nutilize the authority and direction of this Act to transfer to Lake \nGulch lands in sections 17 and 13 that are in addition to those precise \nselected lands shown on the maps cited in paragraphs (d)(1)(B) and \n(d)(1)(C), and which are not under formal application for transfer to a \nqualified unit of local government, upon transfer to the Secretary of \nadditional offered lands acceptable to the Secretary or upon payment to \nthe Secretary by Lake Gulch of cash equalization money amounting to the \nfull appraised fair market value of any such additional lands. If any \nsuch additional lands are located in section 13 they may be transferred \nto Lake Gulch without survey based on such legal or other description \nas the Secretary determines appropriate as long as the Secretary \ndetermines that the boundaries of any adjacent lands now owned by Lake \nGulch can be properly identified so as to avoid possible future \nboundary conflicts or disputes. If the Secretary determines surveys are \nnecessary to convey any such additional lands to Lake Gulch, the costs \nof such surveys shall be paid by Lake Gulch but shall not be eligible \nfor any adjustment in the value of such additional lands pursuant to \nsection 206(f)(2) of the Federal Land Policy and Management Act of 1976 \n(as amended by the Federal Land Exchange Facilitation Act of 1988) (43 \nU.S.C. 1716(f)(2)).\n (3) Prior to transferring out of public ownership pursuant to this \nAct or other authority of law any lands which are contiguous to North \nClear Creek southeast of the City of Black Hawk, Colorado, in the \nCounty of Gilpin, Colorado, the Secretary shall notify and consult with \nthe governments of the County and the City and afford such units of \nlocal government an opportunity to acquire or reserve pursuant to the \nFederal Land Policy and Management Act of 1976 or other applicable law \nsuch easements or rights-of-way parallel to North Clear Creek as may be \nnecessary to serve public utility line or recreation path needs: \nProvided, however, That any survey or other costs associated with the \nacquisition or reservation of such easements or rights-of-way shall be \npaid for by the unit or units of local government concerned.\n\nSEC. 3. TERMS AND CONDITIONS OF EXCHANGE.\n\n (a) Equalization of Values.--The values of the lands to be \nexchanged pursuant to this Act shall be equal as determined by the \nSecretary of the Interior utilizing nationally recognized appraisal \nstandards, including, to the extent appropriate, the Uniform Standards \nfor Federal Land Acquisition, the Uniform Standards of Professional \nAppraisal Practice, the provisions of section 206(d) of the Federal \nLand Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other \napplicable law. In the event it is determined that cash equalization \nmoneys are owed to the United States in the exchange, any such cash \nequalization moneys shall be retained by the Secretary of the Interior \nand may be utilized by the Secretary until fully expended to purchase \nfrom willing sellers land or water rights, or a combination thereof, to \naugment wildlife habitat and protect and restore wetlands in the Bureau \nof Land Management's Blanca Wetlands, Alamosa County, Colorado. Any \nwater rights acquired by the United States pursuant to this section \nshall be obtained by the Secretary of the Interior in accordance with \nall applicable provisions of Colorado law, including the requirement to \nchange the time, place, and type of use of said water rights through \nthe appropriate State legal proceedings and to comply with any terms, \nconditions, or other provisions contained in an applicable decree of \nthe Colorado Water Court. The use of any water rights acquired pursuant \nto this section shall be limited to water than can be used or exchanged \nfor water that can be used on the Blanca Wetlands. Any requirement or \nproposal to utilize facilities of the San Luis Valley Project, Closed \nBasin Diversion, in order to effectuate the use of any such water \nrights shall be subject to prior approval of the Rio Grande Water \nConservation District.\n (b) Restrictions on Selected Lands.--(1) Conveyance of the selected \nlands to Lake Gulch pursuant to this Act shall be contingent upon Lake \nGulch executing an agreement with the United States prior to such \nconveyance, the terms of which are acceptable to the Secretary of the \nInterior, and which--\n (A) grants the United States a covenant that none of the \n selected lands (all of which currently lie outside the State of \n Colorado's current legally approved gaming area) shall ever be \n used for purposes of gaming should the current legal gaming \n area ever be expanded by the State of Colorado; and\n (B) permanently holds the United States harmless for \n liability and indemnify the United States against all costs \n arising from any activities, operations (including the storing, \n handling, and dumping of hazardous materials or substances) or \n other acts conducted by Lake Gulch or its employees, agents, \n successors or assigns on the selected lands after their \n transfer to Lake Gulch: Provided, however, That nothing in this \n Act shall be construed as either diminishing or increasing any \n responsibility or liability of the United States based on the \n condition of the selected lands prior to or on the date of \n their transfer to Lake Gulch.\n (2) Conveyance of the selected lands to Lake Gulch pursuant to this \nAct shall be subject to the existing easement for Gilpin County Road 6.\n (3) The above terms and restrictions of this subsection shall not \nbe considered in determining, or result in any diminution in, the fair \nmarket value of the selected land for purposes of the appraisals of the \nselected land required pursuant to section 3 of this Act.\n (c) Revocation of Withdrawal.--The Public Water Reserve established \nby Executive order dated April 17, 1926 (Public Water Reserve 107), \nSerial Number Colorado 17321, is hereby revoked insofar as it affects \nthe NW \\1\/4\\ SW \\1\/4\\ of Section 17, Township 3 South, Range 72 West, \nSixth Principal Meridian, which covers a portion of the selected lands \nidentified in this Act.\n (d) Management of Certain Lands.--Upon their acquisition by the \nUnited States, the lands referred to in section 2(b)(2) of this Act \nshall be managed by the Secretary of the Interior in accordance with \nthe laws, rules, and regulations generally applicable to the public \nlands, and, as appropriate, in accordance with cooperative agreements \nsuch as the existing Arkansas Headwaters Recreation Area Memorandum of \nUnderstanding, with special emphasis on public fishing and recreational \naccess to the Arkansas River, and riparian and wetland habitat \nprotection. The acquisition of such lands by the Secretary shall not be \nconstrued to impose any responsibility or liability on the Secretary \nwith respect to hazardous substances which may exist on the lands as of \nthe date of their acquisition by the United States. Without precluding \nany future determination by the Secretary or appropriate Federal or \nState authorities that cleanup of any hazardous substances which may be \nfound to exist on the property would be appropriate, nothing in this \nAct shall be construed to require the Secretary to undertake any \nhazardous substances cleanup activities or studies.\n\nSEC. 4. MISCELLANEOUS PROVISIONS.\n\n (a) Definitions.--As used in this Act:\n (1) The term ``Secretary'' means the Secretary of the \n Interior.\n (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a \n Colorado corporation, or its successors, heirs or assigns.\n (3) The term ``offered land'' means lands to be conveyed to \n the United States pursuant to this Act.\n (4) The term ``selected land'' means lands to be \n transferred to Lake Gulch pursuant to this Act.\n (5) The term ``Blanca Wetlands'' means an area of land \n comprising approximately 9,290 acres, as generally depicted on \n a map entitled ``Blanca Wetlands'', dated August 1994, and any \n nearby land which the Secretary may purchase from willing \n sellers after the date of enactment of this Act utilizing funds \n provided by this Act or other funds and manage in conjunction \n with and for the same general purposes as the land depicted on \n that map.\n (b) Time Requirement for Completing Transfer.--It is the intent of \nCongress that unless the Secretary and Lake Gulch mutually agree \notherwise the exchange of lands authorized and directed by this Act \nshall be completed not later than 6 months after the date of enactment \nof this Act.\n (c) Administration of Lands Acquired by United States.--In \naccordance with the provisions of section 206(c) of the Federal Land \nPolicy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands \nacquired by the United States pursuant to this Act shall upon \nacceptance of title by the United States and without further action by \nthe Secretary concerned become part of and be managed as part of the \nadministrative unit or area within which they are located.","summary":"Requires Lake Gulch, Inc. to convey, on an equal value basis, specified lands located in Larimer, Lake, and Conejos Counties, Colorado, to the Secretary of the Interior in exchange for certain Lake Gulch Selected Lands located in Gilpin County, Colorado. Provides that, if cash equalization monies are owed to the United States in the exchange, such monies shall be retained by the Secretary and may be utilized until fully expended to purchase from willing sellers land or water rights to augment wildlife habitat and to protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Conditions the conveyance of such selected lands on Lake Gulch executing an agreement which: (1) grants the United States a covenant that none of such lands shall ever be used for gaming purposes should such gaming area ever be expanded by the State. And (2) permanently holds the United States harmless for liability and indemnifies it against all costs arising from any activities, operations or other acts conducted by Lake Gulch on the selected lands after such transfer. Declares that nothing in this Act shall be construed as either diminishing or increasing any US responsibility or liability based on the condition of the selected lands before or on the date of their transfer. Subjects the conveyance to the existing easement for Gilpin County Road 6. Revokes a specified Public Water Reserve established by Executive Order dated April 17, 1926, insofar as it affects certain land which covers a portion of the selected lands.","title":"A bill entitled \"Gilpin County, Colorado--B.L.M. Land Transfer Act of 1994\".","text_len":15355,"sum_len":1564} {"bill_id":"111_hr4629","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Manufacturing Modernization and \nDiversification Act of 2010''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Bank.--The term ``bank'' means--\n (A) an insured depository institution, as such term \n is defined under section 3(c)(2) of the Federal Deposit \n Insurance Act (12 U.S.C. 1813(c)(2)); and\n (B) an insured credit union, as such term is \n defined under section 101(7) of the Federal Credit \n Union Act (12 U.S.C. 1752(7)).\n (2) Collateral support program.--The term ``Collateral \n Support Program'' means a program described under section 4.\n (3) Loan participation program.--The term ``Loan \n Participation Program'' means a program described under section \n 5.\n (4) Qualified manufacturer.--The term ``qualified \n manufacturer'' means a business that is engaged in \n manufacturing and--\n (A) has less than $50,000,000 in annual revenue; \n and\n (B) has less than $50,000,000 in assets.\n (5) Revolving loan fund.--The term ``revolving loan fund'' \n means the revolving loan fund established under section 3(d).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n (7) SPV.--The term ``SPV'' means a special purpose vehicle \n created by a State.\n (8) Termination date.--The term ``termination date'' means \n the date that is the end of the 2-year period beginning on the \n date the Secretary issues regulations pursuant to section \n 3(b)(4).\n\nSEC. 3. FEDERAL LOAN PROGRAM TO SPVS.\n\n (a) In General.--The Secretary shall certify SPVs to take part in a \nprogram to carry out Collateral Support Programs and Loan Participation \nPrograms for the benefit of qualified manufacturers (hereinafter in \nthis section described as the ``loan program'').\n (b) Application Process.--\n (1) In general.--Each SPV wishing to participate in the \n loan program shall submit an application to the Secretary, in \n such form and manner as the Secretary may require, containing--\n (A) a detailed proposal for the structure of the \n Collateral Support Program the SPV proposes to carry \n out, including what criteria the SPV intends to use to \n determine which qualified manufacturers will be \n eligible to participate;\n (B) a detailed proposal for the structure of the \n Loan Participation Program the SPV proposes to carry \n out, including what criteria the SPV intends to use to \n determine which qualified manufacturers will be \n eligible to participate; and\n (C) such other information as the Secretary may \n require.\n (2) Additional requirements.--\n (A) Interest rate.--Loans made to SPVs by the \n Secretary under the loan program shall be made with an \n interest rate of 0.5 percent.\n (B) Treatment of payments from qualified \n manufacturers.--The amount of all fees and interest \n payments paid by qualified manufacturers to an SPV \n under Collateral Support Programs and Loan \n Participation Programs that is more than the amount \n required by the SPV to repay the principal and interest \n amounts on loans made to the SPV under the loan program \n shall be retained by the SPV.\n (C) No disqualification by reason of \n participation.--Participation in a Collateral Support \n Program or a Loan Participation Program by a qualified \n manufacturer shall not disqualify such manufacturer \n from receiving assistance related to such loan under \n other Federal programs as well, including programs \n carried out by the Small Business Administration and \n the Department of Agriculture.\n (D) Limitations on spvs.--Only 1 SPV per State may \n be certified to participate in the loan program.\n (E) Oversight.--The Secretary shall issue \n regulations to require each SPV participating in the \n loan program to make periodic reports to the Secretary \n at any time such SPV has a loan outstanding under the \n loan program. Such reports shall contain such \n information as the Secretary determines appropriate to \n maintain oversight of the funds used in the loan \n program.\n (3) Determination factors.--In making the determination of \n which SPVs should be certified to take part in the loan \n program, the Secretary shall consider--\n (A) all information submitted in the application of \n an SPV under paragraph (1);\n (B) the number of jobs that will likely be created \n by programs proposed by the SPV;\n (C) the amount of economic distress experienced by \n the State in which the SPV is located, including the \n unemployment rate of such State; and\n (D) the likelihood that the SPV will be able to \n successfully administer the programs proposed by the \n SPV.\n (4) Rulemaking.--The Secretary shall issue all regulations \n necessary for the submission of applications described under \n paragraph (1) no later than 90 days after the date of the \n enactment of this Act.\n (c) Loan-Making Process.--\n (1) In general.--Each time a certified SPV wishes to make a \n loan under a Collateral Support Program or a Loan Participation \n Program, the certified SPV shall make a request to the \n Secretary, who shall loan the requested amount to the SPV from \n the revolving loan fund, as long as sufficient amounts remain \n in the fund.\n (2) Time period.--An SPV may not make any new loans under a \n Collateral Support Program or a Loan Participation Program \n after the termination date.\n (d) Revolving Loan Fund.--\n (1) In general.--There is established in the Treasury a \n revolving loan fund for the loan program.\n (2) Initial transfer.--\n (A) Funding from the tarp.--Of funds made available \n to the Secretary under title I of the Emergency \n Economic Stabilization Act of 2008 (12 U.S.C. 5211 et \n seq.) that remain unobligated, the Secretary shall \n transfer and credit $20,000,000,000 to the revolving \n loan fund.\n (B) Authorization.--The amounts transferred under \n subparagraph (A) shall be deemed to be for actions \n authorized under title I of the Emergency Economic \n Stabilization Act of 2008.\n (3) Expenditures.--The Secretary shall use the amounts in \n the revolving loan fund to carry out the loan program.\n (4) Deposits.--The Secretary shall deposit amounts received \n as payment and interest on loans provided under the loan \n program into the revolving loan fund.\n (e) Termination of Loan Program.--On and after the termination \ndate--\n (1) no additional loans may be made by the Secretary under \n the loan program;\n (2) all amounts in the revolving loan fund shall be paid \n into the general fund of the Treasury; and\n (3) all amounts that would otherwise have been paid into \n the revolving loan fund shall be paid into the general fund of \n the Treasury.\n\nSEC. 4. COLLATERAL SUPPORT PROGRAM.\n\n (a) In General.--With respect to an SPV, a program is described \nunder this section if, under such program--\n (1) a qualified manufacturer that wishes to receive a loan \n from a bank, but would not otherwise have sufficient collateral \n to qualify for such a loan, may ask the bank to seek collateral \n support for such loan from the SPV;\n (2) the bank submits an application to the SPV to \n participate in the collateral support program, in such form and \n manner and containing such information as the SPV may require;\n (3) the SPV, if approving such application, deposits cash \n with the bank in an interest bearing account under the SPV's \n name, and allows such cash to act as collateral support for the \n qualified manufacturer's loan;\n (4) the interest paid on such cash deposit is paid to the \n SPV; and\n (5) as the qualified manufacturer repays the loan over \n time, the SPV draws down the amount deposited with the bank.\n (b) Additional Requirements.--A program described under subsection \n(a) shall additionally have the following requirements:\n (1) Deposit limits.--The cash deposit made by the SPV may \n not represent more than 49.9 percent of the total loan amount \n and may not be in an amount more than 49.9 percent of the non-\n equity capital of the qualified manufacturer at the time the \n loan is made.\n (2) Loan amount.--The SPV may not provide more than \n $20,000,000 to any one qualified manufacturer under the \n collateral support program.\n (3) Fees.--The SPV shall require a fee or fees to be paid \n by the qualified manufacturer to the SPV, at loan closing or \n annually, which shall consist of no more than 3 percent of the \n value of the cash deposit per fee. The SPV may determine \n whether such fee should be paid in cash or in options to \n purchase equity in the qualified manufacturer, but in no case \n may such options allow for the purchase of equity in the \n qualified manufacturer that would result in the SPV holding \n more than 15 percent of the voting rights of the equity of such \n qualified manufacturer.\n (4) Exit fee.--In the event that the qualified manufacturer \n defaults on the loan made under the collateral support program, \n the bank shall repay to the SPV an amount equal to 5 percent of \n the initial deposit made by the SPV.\n (5) Oversight.--The SPV shall require--\n (A) the bank to make periodic reports to the SPV \n during the life of the loan; and\n (B) such other reports from the bank and the \n qualified manufacturer as the SPV determines \n appropriate to maintain oversight.\n\nSEC. 5. LOAN PARTICIPATION PROGRAM.\n\n (a) In General.--With respect to an SPV, a program is described \nunder this section if, under such program--\n (1) a qualified manufacturer that wishes to receive a loan \n from a bank, but would not otherwise qualify for such a loan, \n may ask the bank to seek loan participation for such loan from \n the SPV;\n (2) the bank submits an application to the SPV to \n participate in the loan participation program, in such form and \n manner and containing such information as the SPV may require;\n (3) the SPV, if approving such application, will agree to \n purchase between 1 to 49.9 percent of such loan, upon the bank \n making such loan;\n (4) the bank shall continue to service the entire loan; and\n (5) the SPV may, in coordination with the bank, permit the \n qualified manufacturer to forbear payments of interest or defer \n payments of principal on the amount of such loan purchased by \n the SPV for a period of no longer than 3 years from the date \n such loan is made.\n (b) Additional Requirements.--A program described under subsection \n(a) shall additionally have the following requirements:\n (1) Loan amount.--The SPV may not pay more than $20,000,000 \n for any portion of loans made to any one qualified manufacturer \n under the loan participation program.\n (2) Fee.--\n (A) One-time fee.--The SPV shall require a one-time \n fee from the qualified manufacturer in exchange for the \n SPV participating in the loan participation program.\n (B) Annual fee.--The bank shall require the \n qualified manufacturer to pay an annual fee to the bank \n of a minimum of 0.5 percent, and a maximum of 2 \n percent, of the amount of the portion of the loan \n purchased by the SPV under the loan participation \n program.\n (3) Oversight.--The SPV shall require--\n (A) the bank to make periodic reports to the SPV \n during the life of the loan; and\n (B) such other reports from the bank and the \n qualified manufacturer as the SPV determines \n appropriate to maintain oversight.\n\nSEC. 6. REPORT.\n\n Not later than the end of the 6-month period beginning on the date \nof the enactment of this Act, and quarterly thereafter while any loan \nremains outstanding under the loan program carried out under section 3, \nthe Secretary shall issue a report to the Congress containing--\n (1) a list of the active participants in Collateral Support \n Programs and Loan Participation Programs; and\n (2) an estimate of the impact the loan program has had on--\n (A) the overall economy; and\n (B) the creation of new jobs or the preservation of \n existing jobs.","summary":"Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers . Outlines SPV application requirements. Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Requires: (1) periodic reports from such banks to participating SPVs. And (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs.","title":"To create a loan program to provide funds to State special purpose vehicles for use in collateral support programs and loan participation programs to benefit qualified manufacturers.","text_len":14173,"sum_len":1280} {"bill_id":"104_s1174","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lamprey Wild and Scenic River Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Lamprey River Study Act of 1991 (Public Law 102-\n 214; 105 Stat. 1663) authorized the study of a segment of the \n Lamprey River in New Hampshire for potential inclusion in the \n National Wild and Scenic Rivers System;\n (2) the study determined that the segment of river from the \n Bunker Pond Dam in Epping, New Hampshire, to the confluence \n with the Piscassic River near the Durham-Newmarket town line is \n eligible for inclusion in the National Wild and Scenic Rivers \n System based on the free-flowing condition and outstanding \n ecological, anadromous fish, and historical values of the \n segment;\n (3) during the study, the Lamprey River Advisory Committee, \n with assistance from the National Park Service and the New \n Hampshire Department of Environmental Services, prepared a \n comprehensive management plan for the studied river segment, \n dated January 10, 1995 (referred to in this Act as the \n ``Lamprey River Management Plan''), which establishes \n objectives, standards, and action programs that will ensure \n long-term protection of the outstanding values of the river and \n compatible management of the land and water resources of the \n river, without Federal management of affected lands not owned \n by the United States;\n (4) the Lamprey River Advisory Committee has unanimously \n voted in favor of wild and scenic river designation for the \n river, and has included this recommendation as an integral part \n of the Lamprey River Management Plan; and\n (5)(A) the governing bodies of the towns of Newmarket, \n Durham, and Lee have voted to endorse the Lamprey River \n Management Plan and to seek designation of the river as a \n component of the National Wild and Scenic Rivers System; and\n (B) the upstream town of Epping, which participated in the \n study on an informal basis, has chosen not to vote on the \n Lamprey River Management Plan or designation at this time.\n\nSEC. 3. DESIGNATION.\n\n Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following:\n ``( ) Lamprey river, new hampshire.--The 11.5-mile segment \n extending from the southern Lee town line to the confluence \n with the Piscassic River in the vicinity of the Durham-\n Newmarket town line (referred to in this paragraph as the \n `segment') as a recreational river. The segment shall be \n administered by the Secretary of the Interior through \n cooperative agreements between the Secretary and the State of \n New Hampshire and the towns of Durham, Lee, and Newmarket, New \n Hampshire, under section 10(e). The segment shall be managed in \n accordance with the Lamprey River Management Plan dated January \n 10, 1995, and such amendments to the plan as the Secretary of \n the Interior determines are consistent with this Act. The plan \n shall be deemed to satisfy the requirements for a comprehensive \n management plan pursuant to section 3(d).''.\n\nSEC. 4. MANAGEMENT.\n\n (a) Committee.--The Secretary of the Interior shall coordinate the \nmanagement responsibilities of the Secretary under this Act and the \namendment made by this Act with respect to the river segment designated \nby the amendment made by section 3 (referred to in this section as the \n``segment'') with the Lamprey River Advisory Committee established \nunder section 483 of the New Hampshire Revised Statutes Annotated.\n (b) Land Management.--\n (1) Zoning ordinances.--For the purposes of the segment, \n the zoning ordinances adopted by the towns of Durham, Lee, and \n Newmarket, New Hampshire, including provisions for conservation \n of shorelands, floodplains, and wetlands associated with the \n segment, shall be deemed to satisfy the standards and \n requirements of section 6(c) of the Wild and Scenic Rivers Act \n (16 U.S.C. 1277(c)).\n (2) Acquisition of lands.--The provisions of section 6(c) \n that prohibit Federal acquisition of lands by condemnation \n shall apply to the segment. The authority of the Secretary to \n acquire lands for the purposes of the segment shall be limited \n to acquisition by donation or acquisition with the consent of \n the owner of the lands, and shall be subject to the additional \n criteria set forth in the Lamprey River Management Plan.\n\nSEC. 5. UPSTREAM SEGMENT.\n\n Upon request by the town of Epping, New Hampshire, which abuts an \nadditional 12 miles of river found eligible for designation as a \nrecreational river under the study described in section 2(1), the \nSecretary of the Interior shall offer assistance concerning continued \ninvolvement of the town of Epping in the implementation of the Lamprey \nRiver Management Plan and in consideration of potential future addition \nof the portion of the river within Epping as a component of the \nNational Wild and Scenic Rivers System.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act and the amendment made by this Act.","summary":"Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire. And (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations.","title":"Lamprey Wild and Scenic River Act","text_len":5532,"sum_len":1580} {"bill_id":"111_s3719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Community Safety Act \nof 2010''.\n\nSEC. 2. FIRST RESPONDER AGENCY GRANTS.\n\n (a) In General.--Title XX of the Homeland Security Act of 2002 (6 \nU.S.C. 601 et seq.) is amended by adding at the end the following:\n\n ``Subtitle C--Other Assistance\n\n``SEC. 2041. FIRST RESPONDER AGENCY GRANTS.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `active duty' has the meaning given that \n term in section 101 of title 10, United States Code;\n ``(2) the term `eligible first responder agency' means a \n first responder agency for which the cost of operating the \n first responder agency has increased by not less than 5 percent \n as a direct result of 1 or more employees of the first \n responder agency who are reservists being placed on active \n duty;\n ``(3) the term `first responder agency' means--\n ``(A) a law enforcement agency or fire service (as \n defined in section 4 of the Federal Fire Prevention and \n Control Act of 1974 (15 U.S.C. 2203)) of a State or \n local government; or\n ``(B) a publicly or privately operated ambulance \n service that is--\n ``(i) authorized or licensed by a State to \n engage in rescue activity or to provide \n emergency medical services; and\n ``(ii) designated by a State as a \n prehospital emergency medical response agency; \n and\n ``(4) the term `reservist' means a member of a reserve \n component of the Armed Forces, as defined in section 10101 of \n title 10, United States Code.\n ``(b) Authorization.--\n ``(1) In general.--Subject to paragraph (2), the \n Administrator may make a grant to an eligible first responder \n agency for the additional costs incurred by the eligible first \n responder agency as a direct result of 1 or more employees of \n the agency or service who are reservists being placed on active \n duty.\n ``(2) Limitation for federally funded positions.--The \n Administrator may not make a grant under this section for costs \n relating to an employee being placed on active duty if Federal \n funds are used, in whole or in part, for the pay or benefits of \n the employee.\n ``(c) Use of Funds.--A grant under this section may be used for--\n ``(1) pay and benefits for an individual hired to replace \n an employee placed on active duty;\n ``(2) overtime expenses for an employee that performs tasks \n that would have been performed by an employee placed on active \n duty; and\n ``(3) the cost of equipment, maintenance, or other \n activities--\n ``(A) the eligible first responder agency was \n unable to acquire or perform because of the cost of \n replacing an employee placed on active duty; or\n ``(B) the need for which was caused by an employee \n being placed on active duty.\n ``(d) Period of Grant.--A grant under this section shall be for a \nperiod of 6 months.''.\n (b) Reporting.--\n (1) Definitions.--In this subsection, the terms ``active \n duty'', ``first responder agency'', and ``reservist'' have the \n meanings given those terms in section 2041 of the Homeland \n Security Act of 2002, as added by subsection (a).\n (2) Report.--Not later than 2 years after the date of \n enactment of this Act, the Administrator of the Federal \n Emergency Management Agency shall submit to Congress a report \n regarding the placing on active duty of employees of first \n responder agencies that are reservists, including an evaluation \n of--\n (A) the effects, including financial effects, of \n placing the employees on active duty on--\n (i) the operation of the first responder \n agencies; and\n (ii) the services the first responder \n agencies provide to the communities served by \n the first responder agencies; and\n (B) first responder agency grants under section \n 2041 of the Homeland Security Act of 2002, as added by \n subsection (a), including the effect of the grants on--\n (i) the operation of the first responder \n agencies; and\n (ii) the services the first responder \n agencies provide to the communities served by \n the first responder agencies.\n (c) Technical and Conforming Amendment.--The table of contents in \nsection 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et \nseq.) is amended by adding at the end the following:\n\n ``Subtitle C--Other Assistance\n\n``Sec. 2041. First responder agency grants.''.","summary":"Strengthening Community Safety Act of 2010 - Amends the Homeland Security Act of 2002 to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to an eligible first responder agency for the additional costs incurred as a direct result of one or more of its employees who are reservists being placed on active duty. Defines eligible first responder agency as one for which the cost of operating has increased by not less than 5 as a direct result of such employees being placed on active duty. Prohibits the Administrator from making a grant for costs relating to an employee being placed on active duty if federal funds are used for that employee's pay or benefits. Authorizes the use of grant funds for: (1) pay or benefits for an individual hired to replace such an employee. (2) overtime expenses for an individual who performs tasks that would have been performed by such an employee. And (3) the cost of equipment, maintenance, or other activities the agency was unable to acquire or perform because of the cost of replacing such an employee or the need for which was caused by an employee being placed on active duty. Limits the grant period to six months.","title":"A bill to establish a grant program for first responder agencies that experience an extraordinary financial burden resulting from the deployment of employees.","text_len":5285,"sum_len":1201} {"bill_id":"112_s3389","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting American Trade Secrets \nand Innovation Act of 2012''.\n\nSEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.\n\n (a) In General.--Section 1836 of title 18, United States Code, is \namended to read as follows:\n``Sec. 1836. Civil proceedings\n ``(a) Private Civil Actions.--\n ``(1) In general.--A person may bring a civil action under \n this subsection if the person is aggrieved by--\n ``(A) a violation of section 1831(a) or 1832(a); or\n ``(B) a misappropriation of a trade secret that is \n related to or included in a product that is produced \n for or placed in interstate or foreign commerce.\n ``(2) Pleadings.--A complaint filed in a civil action \n brought under this subsection shall--\n ``(A) describe with specificity the reasonable \n measures taken to protect the secrecy of the alleged \n trade secrets in dispute; and\n ``(B) include a sworn representation by the party \n asserting the claim that the dispute involves either \n substantial need for nationwide service of process or \n misappropriation of trade secrets from the United \n States to another country.\n ``(3) Civil ex parte seizure order.--\n ``(A) In general.--In a civil action brought under \n this subsection, the court may, upon ex parte \n application and if the court finds by clear and \n convincing evidence that issuing the order is necessary \n to prevent irreparable harm, issue an order providing \n for--\n ``(i) the seizure of any property \n (including computers) used or intended to be \n used, in any manner or part, to commit or \n facilitate the commission of the violation \n alleged in the civil action; and\n ``(ii) the preservation of evidence in the \n civil action.\n ``(B) Scope of orders.--An order issued under \n subparagraph (A) shall--\n ``(i) authorize the retention of the seized \n property for a reasonably limited period, not \n to exceed 72 hours under the initial order, \n which may be extended by the court after notice \n to the affected party and an opportunity to be \n heard;\n ``(ii) require that any copies of seized \n property made by the requesting party be made \n at the expense of the requesting party;\n ``(iii) require the requesting party to \n return the seized property to the party from \n which the property were seized at the end of \n the period authorized under clause (i), \n including any extension; and\n ``(iv) include an appropriate protective \n order with respect to discovery and use of any \n property that has been seized, which shall \n provide for appropriate procedures to ensure \n that confidential, private, proprietary, or \n privileged information contained in the seized \n property is not improperly disclosed or used.\n ``(C) Seizures.--A party injured by a seizure under \n an order under this paragraph--\n ``(i) may bring a civil action against the \n applicant for the order; and\n ``(ii) shall be entitled to recover \n appropriate relief, including--\n ``(I) damages for lost profits, \n cost of materials, and loss of good \n will;\n ``(II) if the seizure was sought in \n bad faith, punitive damages; and\n ``(III) unless the court finds \n extenuating circumstances, to recover a \n reasonable attorney's fee.\n ``(4) Remedies.--In a civil action brought under this \n subsection, a court may--\n ``(A) issue--\n ``(i) an order for appropriate injunctive \n relief against any violation described in \n paragraph (1), including the actual or \n threatened misappropriation of trade secrets;\n ``(ii) if determined appropriate by the \n court, an order requiring affirmative actions \n to be taken to protect a trade secret; and\n ``(iii) if the court determines that it \n would be unreasonable to prohibit use of a \n trade secret, an order requiring payment of a \n reasonable royalty for any use of the trade \n secret;\n ``(B) award--\n ``(i) damages for actual loss caused by the \n misappropriation of a trade secret; and\n ``(ii) damages for any unjust enrichment \n caused by the misappropriation of the trade \n secret that is not addressed in computing \n damages for actual loss;\n ``(C) if the trade secret described in paragraph \n (1)(B) is willfully or maliciously misappropriated, \n award exemplary damages in an amount not more than the \n amount of the damages awarded under subparagraph (B); \n and\n ``(D) if a claim of misappropriation is made in bad \n faith, a motion to terminate an injunction is made or \n opposed in bad faith, or a trade secret is willfully \n and maliciously misappropriated, award reasonable \n attorney's fees to the prevailing party.\n ``(b) Jurisdiction.--The district courts of the United States shall \nhave original jurisdiction of civil actions brought under this section.\n ``(c) Period of Limitations.--A civil action under this section may \nnot be commenced later than 3 years after the date on which the \nmisappropriation is discovered or by the exercise of reasonable \ndiligence should have been discovered. For purposes of this subsection, \na continuing misappropriation constitutes a single claim of \nmisappropriation.''.\n (b) Definitions.--Section 1839 of title 18, United States Code, is \namended--\n (1) in paragraph (3), by striking ``and'' at the end;\n (2) in paragraph (4), by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following:\n ``(5) the term `misappropriation' means--\n ``(A) acquisition of a trade secret of another by a \n person who knows or has reason to know that the trade \n secret was acquired by improper means; or\n ``(B) disclosure or use of a trade secret of \n another without express or implied consent by a person \n who--\n ``(i) used improper means to acquire \n knowledge of the trade secret;\n ``(ii) at the time of disclosure or use, \n knew or had reason to know that the knowledge \n of the trade secret was--\n ``(I) derived from or through a \n person who had used improper means to \n acquire the trade secret;\n ``(II) acquired under circumstances \n giving rise to a duty to maintain the \n secrecy of the trade secret or limit \n the use of the trade secret; or\n ``(III) derived from or through a \n person who owed a duty to the person \n seeking relief to maintain the secrecy \n of the trade secret or limit the use of \n the trade secret; or\n ``(iii) before a material change of the \n position of the person, knew or had reason to \n know that--\n ``(I) the trade secret was a trade \n secret; and\n ``(II) knowledge of the trade \n secret had been acquired by accident or \n mistake; and\n ``(6) the term `improper means'--\n ``(A) includes theft, bribery, misrepresentation, \n breach or inducement of a breach of a duty to maintain \n secrecy, or espionage through electronic or other \n means; and\n ``(B) does not include reverse engineering or \n independent derivation.''.\n (c) Technical and Conforming Amendment.--The table of sections for \nchapter 90 of title 18, United States Code, is amended by striking the \nitem relating to section 1836 and inserting the following:\n\n``1836. Civil proceedings.''.\n (d) Rule of Construction.--Nothing in the amendments made by this \nsection shall be construed to modify the rule of construction under \nsection 1838 of title 18, United States Code, or to preempt any other \nprovision of law.","summary":"Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act . Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence. Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.","title":"A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.","text_len":10302,"sum_len":1487} {"bill_id":"110_s3739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Derivatives and Hedge Fund \nRegulatory Improvement Act of 2008''.\n\nSEC. 2. COORDINATED RULEMAKING.\n\n (a) Initiation of Proceedings.--Not later than 90 days after the \ndate of enactment of this Act, the appropriate Federal banking \nagencies, in coordination with the Commission, after consultation with \nthe Secretary of the Treasury and the Commodity Futures Trading \nCommission, shall initiate a coordinated rulemaking with respect to the \nentities under their respective jurisdictions that engage in \ntransactions involving unregistered hedge funds or over-the-counter \nderivatives--\n (1) to extend the requirements of regulations relating to \n the safety and soundness of the financial system applicable to \n mutual funds under the Investment Company Act of 1940 (15 \n U.S.C. 80a-1 et seq.) to unregistered hedge funds, including--\n (A) requiring the fund to disclose its policies on \n borrowing money and requiring a shareholder vote to \n change such policy, as in section 5 of that Act (15 \n U.S.C. 80a-5);\n (B) strict record keeping and reporting rules, as \n in section 30 of that Act (15 U.S.C. 80a-29); and\n (C) capital structure requirements, as in section \n 18 of that Act (15 U.S.C. 80a-18);\n (2) to provide for the regulation of over-the-counter \n derivatives, including credit default swaps, interest rate \n swaps, currency swaps, mortgage-backed securities, asset-backed \n securities, collateralized debt obligations, and other \n derivatives that are not traded on a national securities \n exchange or by a registered securities association, in the \n public interest and for the protection of investors, the \n stability of the financial markets, and the well-being of the \n economy; and\n (3) to prohibit insured depository institutions from \n trading derivatives for their own accounts.\n (b) Coordination, Consistency, and Comparability.--Each of the \nagencies and authorities referred to in subsection (a) shall consult \nand coordinate with the other such agencies and authorities for the \npurpose of assuring, to the extent possible, that the regulations by \neach such agency and authority are consistent and comparable with those \nprescribed by the other such agencies and authorities.\n\nSEC. 3. SCOPE AND DEADLINE.\n\n The appropriate Federal banking agencies and the Commission shall, \nnot later than 12 months after the date of enactment of this Act, issue \nthe rules required by this Act in final form that are designed--\n (1) to avoid systemic risks to the financial markets;\n (2) to ensure safe and sound operation of banks, including \n by requiring the maintenance of sufficient capital levels and \n limits on aggregate leverage and establishing appropriate \n restrictions on the buying, selling, or entering into \n derivatives by an insured depository institution for its own \n account; and\n (3) to provide means to prevent fraudulent, deceptive, or \n manipulative practices.\n\nSEC. 4. AUTHORITY TO GRANT EXCEPTIONS.\n\n The regulations prescribed under this Act may allow an insured \ndepository institution to purchase, sell, or engage in traditional \nhedging transactions or to purchase, sell, or engage in transactions \ninvolving de minimus interests in derivatives for the account of that \ninstitution, but only to the extent that such exceptions are consistent \nwith the safety and soundness of such institution.\n\nSEC. 5. AGENCY AUTHORITY.\n\n The rules issued under this Act shall be enforced by the \nappropriate Federal banking agencies with respect to entities under \ntheir respective jurisdictions, and by the Commission with respect to \nany other entity that engages in transactions involving unregistered \nhedge funds or over-the-counter derivatives.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act--\n (1) the terms ``appropriate Federal banking agency'', \n ``Federal banking agencies'', and ``insured depository \n institution'' have the same meanings as in section 3 of the \n Federal Deposit Insurance Act (12 U.S.C. 1813);\n (2) the term ``Commission'' means the Securities and \n Exchange Commission; and\n (3) the term ``derivative''--\n (A) means any financial contract or other \n instrument that derives its value from the value or \n performance of any security or other financial \n instrument, or of any excluded commodity (as that term \n is defined in section 1a of the Commodity Exchange Act \n (7 U.S.C. 1a)); and\n (B) does not include--\n (i) any security that is traded on a \n national securities exchange or on an automated \n interdealer quotation system sponsored by a \n securities association registered under section \n 15A of the Securities Exchange Act of 1934 (15 \n U.S.C. 78o-3); or\n (ii) any forward contract which has a \n maturity at a time of issuance of not longer \n than 270 days;\n (4) the term ``unregistered hedge fund''--\n (A) means any pooled investment vehicle, or group \n or family of pooled investment vehicles, that--\n (i) has total assets under management of \n not less than $1,000,000,000 or such other \n amount as is determined to be appropriate by \n the appropriate Federal banking agency and the \n Commission with respect to the entities under \n their respective jurisdictions; and\n (ii) is excepted from the definition of an \n investment company by paragraph (1) or (7) of \n section 3(c) of the Investment Company Act of \n 1940, or is a foreign company that would be \n required to obtain an order from the Commission \n under section 7(d) of that Act if it made a \n public offering of its securities by use of the \n mails and means or instrumentalities of \n interstate commerce; and\n (B) does not include a commodity pool operator or \n futures commission merchant (as such terms are defined \n in section 1a of the Commodity Exchange Act (7 U.S.C. \n 1a)).","summary":"Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds. (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association. And (3) prohibit insured depository institutions from trading derivatives for their own accounts. Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets. (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account. And (3) provide means to prevent fraudulent, deceptive, or manipulative practices.","title":"A bill to address the regulation of derivatives and unregistered hedge funds, and for other purposes.","text_len":6961,"sum_len":1248} {"bill_id":"113_hr5113","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Seniors' Medicare Choices \nfrom Obamacare Act of 2014''.\n\nSEC. 2. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS AND \n APPLYING SAVINGS TO MEDICARE ADVANTAGE IMPROVEMENT FUND.\n\n (a) Elimination of PPACA Enhanced Medicaid FMAP for Prisoners.--\n (1) In general.--Section 1905 of the Social Security Act \n (42 U.S.C. 1396d) is amended--\n (A) in subsection (y)(2)(A), by adding at the end \n the following: ``Such term does not include an \n individual described in such subparagraph during the \n period in which the individual is an inmate in a public \n institution or in which the public institution \n maintains jurisdiction over the individual.''; and\n (B) in subsection (z)(1)(A), by inserting before \n the period at the end the following: ``and who are not \n inmates of a public institution (or individuals over \n whom a public institution maintains jurisdiction)''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to items and services furnished on or after January \n 1, 2015.\n (b) Application of Savings to 2015 to Establishment of 2015 \nMedicare Advantage Stabilization Program.--Section 1859 of the Social \nSecurity Act (42 U.S.C. 1395w-28) is amended by adding at the end the \nfollowing new subsection:\n ``(h) 2015 Medicare Advantage Stabilization Program.--\n ``(1) Establishment.--There is established a Medicare \n Advantage stabilization program (in this subsection referred to \n as the `stabilization program') under which the Secretary \n shall, subject to paragraph (6), provide a PMPM stabilization \n funding amount to each eligible Medicare Advantage plan in \n accordance with this subsection to be used by such plan for \n plan year 2015 to address the beneficiary plan inadequacies \n applicable to such plan (as described in paragraph (5)).\n ``(2) Eligible medicare advantage plans.--For purposes of \n this subsection, an eligible Medicare Advantage plan is a \n Medicare Advantage plan to be offered for plan year 2015 that \n the Secretary determines, based on the bid of such plan \n submitted under section 1854 for such plan year, satisfies at \n least one of the following criteria:\n ``(A) Increased beneficiary costs.--The total costs \n (including premiums, cost-sharing responsibilities, and \n deductibles) projected to be applicable to individuals \n who enroll in such plan for such plan year are at least \n 7 percent more than the such total costs that were \n applicable to individuals enrolled in such plan for \n plan year 2014.\n ``(B) Decreased supplemental benefits.--The \n supplemental benefits to be offered under such plan for \n such plan year 2015 are less than the supplemental \n benefits offered under such plan for plan year 2014.\n ``(C) Decreased provider network.--The number of \n physicians in the plan's network has been reduced by 3 \n percent or more from plan year 2014 to plan year 2015.\n ``(3) Distribution of pmpm stabilization funding amounts.--\n ``(A) In general.--Subject to the availability of \n funds under paragraph (6), under the stabilization \n program, the Secretary shall distribute, not later than \n December 31, 2014, to each eligible Medicare Advantage \n plan a PMPM stabilization funding amount, as determined \n by the Secretary in accordance with subparagraph (B).\n ``(B) PMPM stabilization funding amount.--A PMPM \n stabilization funding amount, with respect to an \n eligible Medicare Advantage plan, shall be determined \n in accordance with the following:\n ``(i) Such amount shall be an amount, with \n respect to each month of plan year 2015, for \n each individual projected to be enrolled in \n such plan for such plan year.\n ``(ii) Subject to paragraph (6) and clause \n (iii), such amount shall be an amount \n determined by the Secretary to be sufficient \n for such plan to address for plan year 2015 \n each beneficiary plan inadequacy specified in \n paragraph (4) applicable to such plan.\n ``(iii) Such amount shall not be more than \n $85 per member per month.\n ``(4) Timing of determinations.--Under the stabilization \n program, the Secretary shall determine which Medicare Advantage \n plans are eligible Medicare Advantage plans under paragraph \n (2), and the PMPM stabilization funding amount to be \n distributed to each such eligible Medicare Advantage plan under \n paragraph (3), by not later than October 15, 2014.\n ``(5) Applicable beneficiary plan inadequacies.--For \n purposes of this subsection, a beneficiary plan inadequacy \n applicable to an eligible Medicare Advantage plan is each of \n the criteria described in paragraph (2) that the Secretary \n determined the plan satisfied for qualifying as such an \n eligible Medicare Advantage plan.\n ``(6) Funding.--\n ``(A) In general.--There shall be available to the \n Secretary from amounts in the general fund in the \n Treasury not otherwise appropriated an amount, not to \n exceed $3,000,000,000, to carry out this subsection. \n Such amounts shall remain so available until December \n 31, 2015. Any amounts made so available but not \n expended on or before such date shall be transferred to \n the general fund in the Treasury.\n ``(B) Clarification.--Payments under the \n stabilization program shall not be taken into account \n for purposes of determining the premium payments \n applicable under part B.''.","summary":"Protecting Seniors' Medicare Choices from Obamacare Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate the increased Medicaid federal medical assistance percentage for prisoners with respect to their hospital care under the Patient Protection and Affordable Care Act. Amends SSA title XVIII (Medicare) part C (MedicareChoice) to establish a Medicare Advantage (MA) stabilization program under which the Secretary of Health and Human Services (HHS) shall distribute a stabilization funding amount to each eligible MA plan for plan year 2015 to address any beneficiary plan inadequacies.","title":"Protecting Seniors' Medicare Choices from Obamacare Act of 2014","text_len":6623,"sum_len":622} {"bill_id":"107_hr3375","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Embassy Employee Compensation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Claimant.--The term ``claimant'' means an individual \n filing a claim for compensation under section 5(a)(1).\n (2) Collateral source.--The term ``collateral source'' \n means all collateral sources, including life insurance, pension \n funds, death benefit programs, and payments by Federal, State, \n or local governments related to the bombings of United States \n embassies in East Africa on August 7, 1998.\n (3) Economic loss.--The term ``economic loss'' means any \n pecuniary loss resulting from harm (including the loss of \n earnings or other benefits related to employment, medical \n expense loss, replacement services loss, loss due to death, \n burial costs, and loss of business or employment opportunities) \n to the extent recovery for such loss is allowed under \n applicable State law.\n (4) Eligible individual.--The term ``eligible individual'' \n means an individual determined to be eligible for compensation \n under section 5(c).\n (5) Noneconomic losses.--The term ``noneconomic losses'' \n means losses for physical and emotional pain, suffering, \n inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of society and \n companionship, loss of consortium (other than loss of domestic \n service), hedonic damages, injury to reputation, and all other \n nonpecuniary losses of any kind or nature.\n (6) Special master.--The term ``Special Master'' means the \n Special Master appointed under section 404(a) of the September \n 11th Victim Compensation Fund of 2001 (title IV of the Air \n Transportation Safety and System Stabilization Act (Public Law \n 107-42; 115 Stat. ____)).\n\nSEC. 3. PURPOSE.\n\n It is the purpose of this Act to provide compensation to any \nindividual (or relatives of a deceased individual) who was physically \ninjured or killed as a result of the bombings of United States \nembassies in East Africa on August 7, 1998.\n\nSEC. 4. ADMINISTRATION.\n\n (a) In General.--The Attorney General, acting through the Special \nMaster, shall--\n (1) administer the compensation program established under \n this Act;\n (2) promulgate all procedural and substantive rules for the \n administration of this Act; and\n (3) employ and supervise hearing officers and other \n administrative personnel to perform the duties of the Special \n Master under this Act.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to pay the administrative \nand support costs for the Special Master in carrying out this Act.\n\nSEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.\n\n (a) Filing of Claim.--\n (1) In general.--A claimant may file a claim for \n compensation under this Act with the Special Master. The claim \n shall be on the form developed under paragraph (2) and shall \n state the factual basis for eligibility for compensation and \n the amount of compensation sought.\n (2) Claim form.--\n (A) In general.--The Special Master shall develop a \n claim form that claimants shall use when submitting \n claims under paragraph (1). The Special Master shall \n ensure that such form can be filed electronically, if \n determined to be practicable.\n (B) Contents.--The form developed under \n subparagraph (A) shall request--\n (i) information from the claimant \n concerning the physical harm that the claimant \n suffered, or in the case of a claim filed on \n behalf of a decedent information confirming the \n decedent's death, as a result of the bombings \n of United States embassies in East Africa on \n August 7, 1998;\n (ii) information from the claimant \n concerning any possible economic and \n noneconomic losses that the claimant suffered \n as a result of such bombings; and\n (iii) information regarding collateral \n sources of compensation the claimant has \n received or is entitled to receive as a result \n of such bombings.\n (3) Limitation.--No claim may be filed under paragraph (1) \n after the date that is 2 years after the date on which \n regulations are promulgated under section 7.\n (b) Review and Determination.--\n (1) Review.--The Special Master shall review a claim \n submitted under subsection (a) and determine--\n (A) whether the claimant is an eligible individual \n under subsection (c);\n (B) with respect to a claimant determined to be an \n eligible individual--\n (i) the extent of the harm to the claimant, \n including any economic and noneconomic losses; \n and\n (ii) the amount of compensation to which \n the claimant is entitled based on the harm to \n the claimant, the facts of the claim, and the \n individual circumstances of the claimant.\n (2) Negligence.--With respect to a claimant, the Special \n Master shall not consider negligence or any other theory of \n liability.\n (3) Determination.--Not later than 120 days after that date \n on which a claim is filed under subsection (a), the Special \n Master shall complete a review, make a determination, and \n provide written notice to the claimant, with respect to the \n matters that were the subject of the claim under review. Such a \n determination shall be final and not subject to judicial \n review.\n (4) Rights of claimant.--A claimant in a review under \n paragraph (1) shall have--\n (A) the right to be represented by an attorney;\n (B) the right to present evidence, including the \n presentation of witnesses and documents; and\n (C) any other due process rights determined \n appropriate by the Special Master.\n (5) No punitive damages.--The Special Master may not \n include amounts for punitive damages in any compensation paid \n under a claim under this Act.\n (6) Collateral compensation.--The Special Master shall \n reduce the amount of compensation determined under paragraph \n (1)(B)(ii) by the amount of the collateral source compensation \n the claimant has received or is entitled to receive as a result \n of the bombings of United States embassies in East Africa on \n August 7, 1998.\n (c) Eligibility.--\n (1) In general.--A claimant shall be determined to be an \n eligible individual for purposes of this subsection if the \n Special Master determines that such claimant--\n (A) is an individual described in paragraph (2); \n and\n (B) meets the requirements of paragraph (3).\n (2) Individuals.--A claimant is an individual described in \n this paragraph if the claimant is--\n (A) a citizen of the United States who--\n (i) was present at the United States \n Embassy in Nairobi, Kenya, or the United States \n Embassy in Dar es Salaam, Tanzania, at the \n time, or in the immediate aftermath, of the \n bombings of United States embassies in East \n Africa on August 7, 1998; and\n (ii) suffered physical harm or death as a \n result of such a bombing; or\n (B) in the case of a decedent who is an individual \n described in subparagraph (A), the personal \n representative of the decedent who files a claim on \n behalf of the decedent.\n (3) Requirements.--\n (A) Single claim.--Not more than one claim may be \n submitted under this Act by an individual or on behalf \n of a deceased individual.\n (B) Limitation on civil action.--\n (i) In general.--Upon the submission of a \n claim under this Act, the claimant waives the \n right to file a civil action (or to be a party \n to an action) in any Federal or State court for \n damages sustained as a result of the bombings \n of United States embassies in East Africa on \n August 7, 1998. The preceding sentence does not \n apply to a civil action to recover collateral \n source obligations.\n (ii) Pending actions.--In the case of an \n individual who is a party to a civil action \n described in clause (i), such individual may \n not submit a claim under this Act unless such \n individual withdraws from such action by the \n date that is 90 days after the date on which \n regulations are promulgated under section 7.\n\nSEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS.\n\n (a) In General.--Not later than 20 days after the date on which a \ndetermination is made by the Special Master regarding the amount of \ncompensation due a claimant under this Act, the Special Master shall \nauthorize payment to such claimant of the amount determined with \nrespect to the claimant.\n (b) Payment Authority.--This Act constitutes budget authority in \nadvance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of amounts for \ncompensation under this Act.\n (c) Additional Funding.--\n (1) In general.--The Attorney General is authorized to \n accept such amounts as may be contributed by individuals, \n business concerns, or other entities to carry out this Act, \n under such terms and conditions as the Attorney General may \n impose.\n (2) Use of separate account.--In making payments under this \n section, amounts contained in any account containing funds \n provided under paragraph (1) shall be used prior to using \n appropriated amounts.\n\nSEC. 7. REGULATIONS.\n\n Not later than 90 days after the date of enactment of this Act, the \nAttorney General, in consultation with the Special Master, shall \npromulgate regulations to carry out this Act, including regulations \nwith respect to--\n (1) forms to be used in submitting claims under this Act;\n (2) the information to be included in such forms;\n (3) procedures for hearing and the presentation of \n evidence;\n (4) procedures to assist an individual in filing and \n pursuing claims under this Act; and\n (5) other matters determined appropriate by the Attorney \n General.\n\nSEC. 8. RIGHT OF SUBROGATION.\n\n The United States shall have the right of subrogation with respect \nto any claim paid by the United States under this Act.\n\n Passed the House of Representatives May 21, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Embassy Employee Compensation Act - Directs the Attorney General, through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer compensation to American victims of the August 7, 1998, bombings of the US embassies in Kenya and Tanzania. Authorizes appropriations. Requires claimants to provide information to the Special Master concerning the physical harm suffered and any possible economic and noneconomic losses incurred from the bombings, as well as the collateral sources of compensation received or entitled to be received, defined as life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments. Sets a two-year limit on filing claims, beginning after the promulgation of regulations to implement the Act. Directs the Special Master to determine whether a claimant is eligible for compensation and, if so, the amount to be disbursed based on harm suffered, facts of the claim, and individual circumstances of the claimant. Prohibits the Special Master from considering negligence or any other theory of liability with regard to claimants. Requires completion of the review and determination of a claim within 120 days after it is filed. Makes the Special Master's decision on a claim final and not subject to judicial review. Specifies that punitive damages may not be awarded. Requires that any award be reduced by collateral source compensation a claimant has received or is entitled to receive. Makes eligible to receive compensation any US citizens who suffered physical harm from the bombing of the United States embassy in Nairobi, Kenya, or from the bombing of the embassy in Dar es Salaam, Tanzania. Permits personal representatives of US citizens killed by either bombing to receive compensation on behalf of the deceased. Limits claims to one per individual. Provides that upon filing a claim, an individual waives the right to seek damages in civil suits in Federal or State courts, except for pursuing collateral source compensation. Requires the Special Master to authorize payments to eligible claimants not later than 20 days after the date on which the determination of the amount has been made. Declares that this Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of compensation under the Act. Authorizes the Attorney General to accept contributions from individuals, business concerns, and other entities to carry out the Act, and directs the Attorney General to use donated funds before appropriated funds. Declares that the United States has the right of subrogation with respect to any claim paid from US funds under the Act.","title":"To provide compensation for the United States citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.","text_len":12254,"sum_len":2747} {"bill_id":"106_s3051","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Greater Access to Affordable \nPharmaceuticals Act'' or the ``GAAP Act of 2000''.\n\nSEC. 2. NEW DRUG APPLICATIONS.\n\n (a) Limitations on the Use of Patents To Prevent Approval of \nAbbreviated New Drug Applications.--Section 505(b)(2) of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended--\n (1) in subparagraph (A)--\n (A) in the matter preceding clause (i), by striking \n ``the drug for which such investigations were conducted \n or which claims a use for such drug for which the \n applicant is seeking approval under this subsection'' \n and inserting ``an active ingredient of the drug for \n which such investigations were conducted, alone or in \n combination with another active ingredient or which \n claims the first approved use for such drug for which \n the applicant is seeking approval under this \n subsection''; and\n (B) in clause (iv), by striking ``; and'' and \n inserting a period;\n (2) in the matter preceding subparagraph (A), by striking \n ``shall also include--'' and all that follows through ``a \n certification'' and inserting ``shall also include a \n certification'';\n (3) by striking subparagraph (B); and\n (4) by redesignating clauses (i) through (iv) as \n subparagraphs (A) through (D), respectively, and aligning the \n margins of the subparagraphs with the margins of subparagraph \n (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)).\n (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is \namended--\n (1) in clause (vi), by striking the semicolon and inserting \n ``; and''; and\n (2) in clause (vii)--\n (A) in the matter preceding subclause (I), by \n striking ``the listed drug referred to in clause (i) or \n which claims a use for such listed drug for which the \n applicant is seeking approval under this subsection'' \n and inserting ``an active ingredient of the listed drug \n referred to in clause (i), alone or in combination with \n another active ingredient or which claims the first \n approved use for such drug for which the applicant is \n seeking approval under this subsection'';\n (B) in subclause (IV), by striking ``; and'' and \n inserting a period; and\n (C) by striking clause (viii).\n (c) Effective Date.--The amendments made by this section shall only \nbe effective with respect to a listed drug for which no certification \npursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, \nCosmetic Act was made prior to the date of enactment of this Act.\n\nSEC. 3. CITIZEN PETITION REVIEW.\n\n Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 355(j)(5)) is amended--\n (1) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E), respectively; and\n (2) by inserting after subparagraph (B) the following:\n ``(C) Notwithstanding any other provision of law, the submission of \na citizen's petition filed pursuant to section 10.30 of title 21, Code \nof Federal Regulations, with respect to an application submitted under \nparagraph (2)(A), shall not cause the Secretary to delay review and \napproval of such application, unless such petition demonstrates through \nsubstantial scientific proof that approval of such application would \npose a threat to public health and safety.''.\n\nSEC. 4. BIOEQUIVALENCE TESTING METHODS.\n\n Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act \n(21 U.S.C. 355(j)(8)(B)) is amended--\n (1) in clause (i), by striking ``or'' at the end;\n (2) in clause (ii), by striking the period and inserting \n ``; or''; and\n (3) by adding at the end the following:\n ``(iii) the effects of the drug and the listed drug \n do not show a significant difference based on tests \n (other than tests that assess rate and extent of \n absorption), including comparative pharmacodynamic \n studies, limited confirmation studies, or in vitro \n methods, that demonstrate that no significant \n differences in therapeutic effects of active or \n inactive ingredients are expected.''.\n\nSEC. 5. ACCELERATED GENERIC DRUG COMPETITION.\n\n (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(j)(5)) is amended--\n (1) in subparagraph (B)(iv), by striking subclause (II) and \n inserting the following:\n ``(II) the date of a final decision of a court in \n an action described in clause (ii) from which no appeal \n can or has been taken, or the date of a settlement \n order or consent decree signed by a Federal judge, that \n enters a final judgement, and includes a finding that \n the relevant patents that are the subject of the \n certification involved are invalid or not infringed, \n whichever is earlier,'';\n (2) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E), respectively; and\n (3) by inserting after subparagraph (B), the following:\n ``(C) The one-hundred and eighty day period described in \nsubparagraph (B)(iv) shall become available to the next applicant \nsubmitting an application containing a certification described in \nparagraph (2)(A)(vii)(IV) if the previous applicant fails to commence \ncommercial marketing of its drug product once its application is made \neffective, withdraws its application, or amends the certification from \na certification under subclause (IV) to a certification under subclause \n(III) of such paragraph, either voluntarily or as a result of a \nsettlement or defeat in patent litigation.''.\n (b) Effective Date.--The amendments made by this section shall only \nbe effective with respect to an application filed under section 505(j) \nof the Federal Food, Drug, Cosmetic Act for a listed drug for which no \ncertification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made \nprior to the date of enactment of this Act.\n\nSEC. 6. SENSE OF CONGRESS.\n\n It is the sense of Congress that measures should be taken to \neffectuate the purpose of the Drug Price Competition and Patent Term \nRestoration Act of 1984 (referred to in this section as the ``Hatch-\nWaxman Act'') to make generic drugs more available and accessible, and \nthereby reduce health care costs, including measures that require \nmanufacturers of a drug for which an application is approved under \nsection 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n255(c)) desiring to extend a patent of such drug to utilize the patent \nextension procedure provided under the Hatch-Waxman Act.\n\nSEC. 7. CONFORMING AMENDMENTS.\n\n (a) Applications.--Section 505 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355) is amended--\n (1) in subsection (b)(3), in subparagraphs (A) and (C), by \n striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph \n (2)'';\n (2) in subsection (c)(3)--\n (A) in subparagraph (A), by striking ``clause (i) \n or (ii) of subsection (b)(2)(A)'' and inserting \n ``subparagraph (A) or (B) of subsection (b)(2)'';\n (B) in subparagraph (B), by striking ``clause (iii) \n of subsection (b)(2)(A)'' and all that follows through \n the period and inserting ``subparagraph (C) of \n subsection (b)(2), the approval may be made effective \n on the date certified under subparagraph (C).'';\n (C) in subparagraph (C), by striking ``clause (iv) \n of subsection (b)(2)(A)'' and inserting ``subparagraph \n (D) of subsection (b)(2)''; and\n (D) in subparagraph (D)(ii), by striking ``clause \n (iv) of subsection (b)(2)(A)'' and inserting \n ``subparagraph (D) of subsection (b)(2)''; and\n (3) in subsection (j), in paragraph (2)(A), in the matter \n following clause (vii)(IV), by striking ``clauses (i) through \n (viii)'' and inserting ``clauses (i) through (vii)''.\n (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 355a) is amended--\n (1) in subsection (a)(2)--\n (A) in clause (i) of subparagraph (A), by striking \n ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';\n (B) in clause (ii) of subparagraph (A), by striking \n ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and\n (C) in subparagraph (B), by striking ``subsection \n (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; \n and\n (2) in subsection (c)(2)--\n (A) in clause (i) of subparagraph (A), by striking \n ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';\n (B) in clause (ii) of subparagraph (A), by striking \n ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and\n (C) in subparagraph (B), by striking ``subsection \n (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''.\n (c) Definition.--Section 201 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 321) is amended by adding at the end the \nfollowing:\n ``(kk) For purposes of the references to court decisions in clauses \n(i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) \nof section 505(j)(5)(B), the term `the court' means the court that \nenters final judgment from which no appeal (not including a writ of \ncertiorari) can or has been taken.''.","summary":"States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.","title":"GAAP Act of 2000","text_len":10283,"sum_len":818} {"bill_id":"111_s3326","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Creation and Affordable Housing \nAct of 2010''.\n\nSEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF \n LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING \n PROJECTS.\n\n (a) In General.--The Secretary of the Treasury shall make a grant \nto each State in an amount equal to such State's low-income bond-\nsubsidized housing election amount.\n (b) Low-Income Bond-Subsidized Housing Election Amount.--For \npurposes of this section--\n (1) In general.--The term ``low-income bond-subsidized \n housing election amount'' means, with respect to any State, \n such amount as the State may elect which does not exceed 85 \n percent of the State's bond-subsidized credit amount.\n (2) Bond-subsidized credit amount.--The term ``bond-\n subsidized credit amount'' means, with respect to any State, \n the aggregate amount of low-income housing credits which the \n State determines would, but for section 42(i)(9) of the \n Internal Revenue Code of 1986, be awarded under section \n 42(h)(4)(B) of such Code times 10 with respect to qualified \n low-income buildings receiving an allocation of qualified \n residential rental project bonds of such State during 2010.\n (3) Qualified residential rental project bonds.--The term \n ``qualified residential rental project bond'' means, with \n respect to any State, any qualified bond (as defined in section \n 141(e) of the Internal Revenue Code of 1986) if such bond--\n (A) is issued as part of an issue 95 percent or \n more of the net proceeds of which are to be used to \n provide qualified residential rental projects (within \n the meaning of section 142 of such Code), and\n (B) is taken into account under section 146 of such \n Code with respect to the State ceiling applicable to \n such State.\n (c) Subawards for Low-Income Buildings.--\n (1) In general.--A State receiving a grant under this \n section shall use such grant to make subawards to finance the \n construction or acquisition and rehabilitation of qualified \n low-income buildings which have received the corresponding \n allocation of qualified residential rental project bonds \n referred to in subsection (b)(2).\n (2) Subawards subject to same requirements as low-income \n housing credit allocations.--Any such subaward with respect to \n any qualified low-income building may be in the form of a grant \n or a loan of any duration and shall be made in the same manner \n and shall be subject to the same limitations (including rent, \n income, and use restrictions on such building) as an allocation \n of housing credit dollar amount allocated by the State housing \n credit agency of such State under section 42 of the Internal \n Revenue Code of 1986, except that such subawards shall not be \n limited by, or otherwise affect, the State housing credit \n ceiling applicable to such agency.\n (3) Compliance and asset management.--A State receiving a \n grant under this section shall perform asset management \n functions to ensure compliance with section 42 of the Internal \n Revenue Code of 1986 and the long-term viability of buildings \n funded by any subaward under this section. A State may collect \n reasonable fees from a subaward recipient to cover expenses \n associated with the performance of its duties under this \n paragraph, including the reasonable costs of administering such \n subawards. A State may retain an agent or other private \n contractor to satisfy the requirements of this paragraph.\n (4) Recapture.--A State receiving a grant under this \n section shall impose conditions or restrictions, including a \n requirement providing for recapture, on any subaward under this \n section so as to assure that the building with respect to which \n such subaward is made remains a qualified low-income building \n during the compliance period. Any amounts of recapture shall be \n proportional to the length of time of the noncompliance \n compared to the 15-year compliance period and the percentage of \n qualified basis out of compliance compared to the total \n qualified basis. Any such recapture shall be payable to the \n Secretary of the Treasury for deposit in the general fund of \n the Treasury and may be enforced by means of liens or such \n other methods as the Secretary of the Treasury determines \n appropriate. A State housing credit agency may subordinate any \n such lien (or other security interest) to other loans made by \n third parties.\n (d) Reallocation of Bond Authority.--A State housing credit agency \nshall establish a process in which applicants that are allocated bonds \nand receive a subaward pursuant to subsection (c) are required to \ndemonstrate good faith efforts to obtain purchasers for such bonds. If \na subawardee is unable to obtain purchasers or if the State makes a \ndetermination that reallocation of bond authority will increase the \ntotal funds available to the State to build and rehabilitate affordable \nhousing, a subawardee may return its bond allocation to the State \nwithout affecting its subaward under subsection (c) and the State may \nreallocate such bond authority only for qualified residential rental \nprojects. Reallocated bonds shall not be taken into account for \npurposes of determining eligibility for low-income housing credits \nunder section 42(h)(4) of the Internal Revenue Code of 1986 or for \npurposes of determining eligibility for grants under subsection (c).\n (e) Return of Unused Grant Funds.--Any grant funds not used to make \nsubawards under this section before January 1, 2012, shall be returned \nto the Secretary of the Treasury on such date. The portion of any \nsubaward which is not disbursed before such date shall be returned to \nthe Secretary of the Treasury on such date unless the subawardee has \npaid or incurred before January 1, 2012, at least 30 percent of the \nsubawardee's total adjusted basis in land and depreciable property that \nis reasonably expected to be part of the low-income housing building \nwith respect to which such subaward is made. The portion of any \nsubaward which is not disbursed before January 1, 2013, shall be \nreturned to the Secretary of the Treasury on such date. Any subawards \nreturned to the State housing credit agency on or after January 1, \n2012, shall be promptly returned to the Secretary of the Treasury. Any \namounts returned to the Secretary of the Treasury under this subsection \nshall be deposited in the general fund of the Treasury.\n (f) Definitions.--Any term used in this section which is also used \nin section 42 of the Internal Revenue Code of 1986 shall have the same \nmeaning for purposes of this section as when used in such section 42. \nAny reference in this section to the Secretary of the Treasury shall be \ntreated as including the Secretary's delegate.\n (g) Appropriations.--There is hereby appropriated to the Secretary \nof the Treasury such sums as may be necessary to carry out this \nsection.\n\nSEC. 3. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME \n HOUSING GRANTS.\n\n (a) In General.--Paragraph (9) of section 42(i) of the Internal \nRevenue Code of 1986 is amended by redesignating subparagraph (B) as \nsubparagraph (C) and by inserting after subparagraph (A) the following \nnew subparagraphs:\n ``(B) Denial of credit for bond-subsidized \n buildings receiving subawards with 2010 grant funds.--\n No credit shall be determined under this section with \n respect to any qualified low-income building to the \n extent of the bond-subsidized credit amount determined \n with respect to such building under section 2 of the \n Job Creation and Affordable Housing Act of 2010 if any \n subaward is made with respect to such building under \n such section.''.\n (b) Grants and Loans Not To Reduce Basis.--Subparagraph (C) of \nsection 42(i)(9) of such Code, as redesignated by this section, is \namended by striking ``by the amount of any grant described in \nsubparagraph (A)'' and inserting ``by reason of any grant or loan made \nunder section 1602 of the American Recovery and Reinvestment Tax Act of \n2009 or section 2 of the Job Creation and Affordable Housing Act of \n2010''.\n (c) Exclusion of Grants From Gross Income.--Paragraph (9) of \nsection 42(i) of such Code, as amended by this section, is amended by \nadding at the end the following new subparagraph:\n ``(D) Exclusion of grants from gross income.--Any \n grant made under section 1602 of the American Recovery \n and Reinvestment Tax Act of 2009 or section 2 of the \n Job Creation and Affordable Housing Act of 2010 shall \n not be includible in the gross income or alternative \n minimum taxable income of the taxpayer.''.\n (d) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n taxable years ending after December 31, 2009.\n (2) Exclusion of grants from gross income.--The amendment \n made by subsection (c) shall apply to taxable years ending \n after December 31, 2008.\n\nSEC. 4. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT.\n\n (a) In General.--Subsection (a) of section 39 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(4) 5-year carryback of low-income housing credit.--\n ``(A) In general.--In the case of an applicable \n low-income housing credit (within the meaning of \n section 38(c)(6)(C))--\n ``(i) this section shall be applied \n separately from the business credit (other than \n the low-income housing credit), and\n ``(ii) paragraph (1) shall be applied by \n substituting `each of the 5 taxable years' for \n `the taxable year' in subparagraph (A) \n thereof.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2007, and to carrybacks \nof credits from such taxable years.\n\nSEC. 5. CARRYBACK OF NEW INVESTMENTS.\n\n (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new paragraph:\n ``(6) Special rule for certain investments in 2010 and \n 2011.--\n ``(A) In general.--In the case of a taxpayer who \n enters into an agreement described in section \n 38(c)(6)(D)(i)(I) (without regard to the applicable \n date), which satisfies the requirement of section \n 38(c)(6)(D)(i)(II), after December 31, 2009, and before \n January 1, 2012, then solely for purposes of \n determining the taxable year in which the low-income \n housing credit under this section may be taken into \n account for purposes of section 38, and the amount of \n the credit so taken into account--\n ``(i) the preceding paragraphs of this \n subsection shall not apply,\n ``(ii) the credit period with respect to \n the housing credit dollar amount to be \n allocated under such agreement shall be the 1 \n taxable year in which the taxpayer enters into \n such agreement,\n ``(iii) subsections (b) and (c)(1) shall \n not apply, and\n ``(iv) the amount of the credit under this \n section which is taken into account in the \n taxable year described in clause (ii) shall be \n the housing credit dollar amount to be \n allocated under such agreement.\n ``(B) Requirements of section unaffected.--Except \n as provided in subparagraph (A), the provisions of this \n section shall apply to any building to which an \n agreement described in subparagraph (A) applies as if \n such subparagraph had not been enacted.\n ``(C) Recapture of excess credit.--If, at the end \n of the credit period with respect to any building \n (without regard to subparagraph (A)), the amount of the \n credit taken into account under subparagraph (A)(iv) \n with respect to such building exceeds the total amount \n of the credit which would have been allowed under this \n section with respect to such building during such \n credit period but for the application of subparagraph \n (A), then the amount of such excess shall be recaptured \n as if it were included in the credit recapture amount \n under subsection (j).''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2009.\n\nSEC. 6. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF \n FEDERAL INCOME TAX LIABILITY.\n\n (a) In General.--Subsection (c) of section 38 is amended by adding \nat the end the following new paragraph:\n ``(6) Allowing low-income housing credit to offset 100 \n percent of federal income tax liability.--\n ``(A) In general.--In the case of applicable low-\n income housing credits--\n ``(i) this section shall be applied \n separately with respect to such credits,\n ``(ii) in applying paragraph (1) to such \n credits--\n ``(I) the tentative minimum tax \n shall be treated as being zero, and\n ``(II) the limitation under \n paragraph (1) (as modified by subclause \n (I)) shall be the net income tax (as \n defined in paragraph (1)) reduced by \n the credit allowed under subsection (a) \n for the taxable year (other than the \n applicable low-income housing credits), \n and\n ``(iii) the excess credit for such taxable \n year shall, solely for purposes of determining \n the amount of such excess credit which may be \n carried back to a preceding taxable year, be \n increased by the amount of business credit \n carryforwards which are carried to such taxable \n year, to which this subparagraph applies, and \n which are not allowed for such taxable year by \n reason of the limitation under paragraph (1) \n (as modified by clause (ii)).\n ``(B) Increase in limitation for taxable years to \n which excess applicable low-income housing credits are \n carried back.--\n ``(i) In general.--Solely for purposes of \n determining the portion of any excess credit \n described in subparagraph (A)(iii) for which \n credit will be allowed under subsection (a)(3) \n for any preceding taxable year, except as \n provided in clause (ii), the limitation under \n paragraph (1) for such preceding taxable year \n shall be determined under rules similar to the \n rules described in subparagraph (A).\n ``(ii) Ordering rule.--If the excess credit \n described in subparagraph (A)(iii) includes \n business credit carryforwards from preceding \n taxable years, such excess credit shall be \n treated as allowed for any preceding taxable \n year on a first-in first-out basis.\n ``(C) Applicable low-income housing credits.--For \n purposes of this subpart, the term `applicable low-\n income housing credits' means the credit determined \n under section 42--\n ``(i) to the extent attributable to \n buildings placed in service after the date of \n the enactment of this subparagraph, and\n ``(ii) in the case of any other buildings, \n for taxable years beginning in 2008, 2009, and \n 2010 (and to business credit carryforwards with \n respect to such buildings carried to such \n taxable years) to the extent provided in \n subparagraph (D).\n ``(D) Previously placed in service buildings.--\n ``(i) In general.--Subparagraph (C)(ii) \n shall apply to such credits for such a taxable \n year only--\n ``(I) if the taxpayer has entered \n into a binding commitment to invest \n equity not later than the applicable \n date, with respect to an investment in \n a future project (which is binding on \n the taxpayer and all successors in \n interest) which specifies the dollar \n amount of such investment, and\n ``(II) to the extent such credits \n do not exceed the dollar amount of such \n proposed investment.\n ``(ii) Applicable date.--For purposes of \n this subparagraph, the applicable date is--\n ``(I) in the case of taxable years \n beginning in 2008 and 2009, September \n 15, 2010, or\n ``(II) in the case of a taxable \n year beginning in 2010, the due date \n (including extensions of time) for \n filing the taxpayer's return for such \n taxable year.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2007, and to carrybacks \nof credits from such taxable years.","summary":"Job Creation and Affordable Housing Act of 2010 - Directs the Secretary of the Treasury to make a grant to each state equal to such state's low-income bond-subsidized housing election amount. Defines low-income bond-subsidized housing election amount as an amount a state may elect which does not exceed 85 of the state's bond-subsidized credit amount for low-income buildings. Requires states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. Amends the Internal Revenue Code to: (1) deny a low-income housing tax credit for bond-subsidized buildings that received a subaward under this Act. (2) allow a five-year carryback of unused low-income housing tax credit amounts and a carryback for new low-income housing investments in 2010 and 2011. And (3) allow a full offset of low-income housing tax credits against regular income tax liability.","title":"A bill to provide grants to States for low-income housing projects in lieu of low-income housing credits, and to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of the low-income housing credit, and for other purposes.","text_len":19842,"sum_len":1015} {"bill_id":"107_s655","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Treatment of Indian Tribal Natural \nResource Income Act of 2001''.\n\nSEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL \n RESOURCES-RELATED ACTIVITIES.\n\n (a) In General.--Subchapter C of chapter 80 of the Internal Revenue \nCode of 1986 (relating to provisions affecting more than one subtitle) \nis amended by adding at the end the following new section:\n\n``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM \n THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES.\n\n ``(a) In General.--\n ``(1) Income and self-employment taxes.--No tax shall be \n imposed by subtitle A on income derived from a natural \n resources-related activity conducted--\n ``(A) by a member of an Indian tribe directly or \n through a qualified Indian entity, or\n ``(B) by a qualified Indian entity.\n ``(2) Employment taxes.--No tax shall be imposed by \n subtitle C on remuneration paid for services performed in \n natural resources-related activity by one member of a tribe for \n another member of such tribe or for a qualified Indian entity.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Natural resources-related activity.--\n ``(A) In general.--The term `natural resources-\n related activity' means, with respect to an Indian \n tribe, any activity directly related to cultivating, \n harvesting, processing, extracting, or transporting \n natural resources held in trust by the United States \n for the benefit of such tribe or directly related to \n selling such natural resources but only if \n substantially all of the selling activity is performed \n by members of such tribe.\n ``(B) Extraction of minerals, etc. excluded.--Such \n term shall not include any activity directly related to \n extracting minerals, ores, oil, or gas.\n ``(2) Qualified indian entity.--\n ``(A) In general.--The term `qualified Indian \n entity' means an entity--\n ``(i) engaged in a natural resources-\n related activity of one or more Indian tribes,\n ``(ii) all of whose equity interests are \n owned by such tribes or members of such tribes, \n and\n ``(iii) substantially all of the management \n functions of the entity are performed by \n members of such tribes.\n ``(B) Entities engaged in processing or \n transportation.--Except as provided in regulations \n similar to regulations in effect under section \n 7873(b)(3)(A)(iii) on the date of the enactment of this \n section, if an entity is engaged to any extent in any \n processing or transporting of natural resources, the \n term `qualified Indian entity' shall also include an \n entity whose annual gross receipts are 90 percent or \n more derived from natural resources-related activities \n of one or more Indian tribes each of which owns at \n least 10 percent of the equity interests in the entity. \n For purposes of this subparagraph, equity interests \n owned by a member of such a tribe shall be treated as \n owned by the tribe.\n ``(c) Special Rules.--\n ``(1) Distributions from qualified indian entity.--For \n purposes of this section, any distribution with respect to an \n equity interest in a qualified Indian entity of one or more \n Indian tribes to a member of one of such tribes shall be \n treated as derived by such member from a natural resources-\n related activity to the extent such distribution is \n attributable to income derived by such entity from a natural \n resources-related activity.\n ``(2) De minimis unrelated amounts may be excluded.--If, \n but for this paragraph, all but a de minimis amount derived by \n a qualified Indian tribal entity or by a tribal member through \n such entity, or paid to an individual for services, would be \n entitled to the benefits of subsection (a), then the entire \n amount shall be so entitled.\n ``(d) No Inference Created.--Nothing in this title shall create any \ninference as to the existence or non-existence or scope of any \nexemption from tax for income derived from tribal rights secured as of \nJanuary 1, 2001, by any treaty, law, or Executive Order.''.\n (b) Conforming Amendment.--The table of sections for subchapter C \nof chapter 80 of the Internal Revenue Code of 1986 is amended by adding \nat the end the following new item:\n\n``Sec. 7874. Federal tax treatment of income derived by Indians from \n the harvest of tribally owned natural \n resources.''.\n (c) Effective Date.--The amendments made by this section shall \napply to periods before, on, or after the date of the enactment of this \nAct.","summary":"Treatment of Indian Tribal Natural Resource Income Act of 2001 - Amends the Internal Revenue Code to prohibit the imposition of income taxes or income derived from a natural resources-related activity conducted by: (1) a member of an Indian tribe directly or through a qualified Indian entity. Or (2) a qualified Indian entity. Prohibits the imposition of employment taxes on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity.","title":"A bill to amend the Internal Revenue Code of 1986 to exempt from income taxation income derived from natural resources-related activity by a member of an Indian tribe directly or through a qualified Indian entity.","text_len":5430,"sum_len":546} {"bill_id":"109_s3476","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeland Security Professional \nDevelopment Act of 2006''.\n\nSEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE \n DEPARTMENT OF HOMELAND SECURITY.\n\n (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 \nU.S.C. 361 et seq.) is amended by inserting after section 843 the \nfollowing:\n\n``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM.\n\n ``(a) Establishment.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary shall establish the \n Homeland Security Mentoring Program (in this section referred \n to as the `Mentoring Program') for employees of the Department. \n The Mentoring Program shall use applicable best practices, \n including those from the Chief Human Capital Officers Council.\n ``(2) Goals.--The Mentoring Program established by the \n Secretary--\n ``(A) shall be established in accordance with the \n Department Human Capital Strategic Plan;\n ``(B) shall incorporate Department human capital \n strategic plans and activities, and address critical \n human capital deficiencies, recruitment and retention \n efforts, and succession planning within the Federal \n workforce of the Department;\n ``(C) shall enable employees within the Department \n to share expertise, values, skills, resources, \n perspectives, attitudes and proficiencies to develop \n and foster a cadre of qualified employees and future \n leaders;\n ``(D) shall incorporate clear learning goals, \n objectives, meeting schedules, and feedback processes \n that will help employees, managers, and executives \n enhance skills and knowledge of the Department while \n reaching professional and personal goals;\n ``(E) shall enhance professional relationships, \n contacts, and networking opportunities among the \n employees of the Department;\n ``(F) shall complement and incorporate (but not \n replace) mentoring and training programs within the \n Department in effect on the date of enactment of this \n section; and\n ``(G) may promote cross-disciplinary mentoring and \n training opportunities that include provisions for \n intradepartmental rotational opportunities, in \n accordance with human capital goals and plans that \n foster a more diversified and effective Federal \n workforce of the Department.\n ``(3) Training leaders council.--\n ``(A) Establishment.--The Training Leaders Council \n established by the Chief Human Capital Officer shall \n administer the Mentoring Program.\n ``(B) Responsibilities.--The Training Leaders \n Council shall--\n ``(i) provide oversight of the \n establishment and implementation of the \n Mentoring Program;\n ``(ii) establish a framework that supports \n the goals of the Mentoring Program and promotes \n cross-disciplinary mentoring and training;\n ``(iii) identify potential candidates to be \n mentors or mentees and select candidates for \n admission into the Mentoring Program;\n ``(iv) formalize mentoring assignments \n within the Department;\n ``(v) formulate individual development \n plans that reflect the needs of the Department, \n the mentor, and the mentee;\n ``(vi) coordinate with mentoring programs \n in the Department in effect on the date of \n enactment of this section; and\n ``(vii) establish target enrollment numbers \n for the size and scope of the Mentoring \n Program, under the human capital goals and \n plans of the Department.\n ``(4) Selection of participants for mentoring program.--\n ``(A) In general.--The Mentoring Program shall \n consist of middle and senior level employees of the \n Department with significant experience who shall serve \n as mentors for junior and entry level employees and \n employees who are critical to Department succession \n plans and programs.\n ``(B) Selection of mentors.--Mentors shall be \n employees who--\n ``(i) understand the organization and \n culture of the Department;\n ``(ii) understand the aims of mentoring in \n Federal public service;\n ``(iii) are available and willing to spend \n time with the mentee, giving appropriate \n guidance and feedback;\n ``(iv) enjoy helping others and are open-\n minded, flexible, empathetic, and encouraging; \n and\n ``(v) have very good communications skills, \n and stimulate the thinking and reflection of \n mentees.\n ``(C) Selection of mentees.--Mentees shall be \n motivated employees who possess potential for future \n leadership and management roles within the Department.\n ``(5) Roles and responsibilities of participants in the \n mentoring program.--\n ``(A) Mentors.--\n ``(i) Role.--A mentor shall serve as a \n model, motivator, and counselor to a mentee.\n ``(ii) Limitation.--Any person who is the \n immediate supervisor of an employee and \n evaluates the performance of that employee may \n not be a mentor to that employee under the \n Mentor Program.\n ``(iii) Responsibilities.--The \n responsibilities of a mentor may include--\n ``(I) helping the mentee set short-\n term learning objectives and long-term \n career goals;\n ``(II) helping the mentee \n understand the organizational culture \n of the Department;\n ``(III) recommending or creating \n learning opportunities;\n ``(IV) providing informal education \n and training in areas such as \n communication, critical thinking, \n responsibility, flexibility, and \n teamwork; and\n ``(V) pointing out the strengths \n and areas for development of the \n mentee.\n ``(B) Mentees.--The responsibilities of the mentee \n may include--\n ``(i) defining short-term learning \n objectives and long-term career goals;\n ``(ii) participating in learning \n opportunities to broaden knowledge of the \n Department; and\n ``(iii) participating in professional \n opportunities to improve a particular career \n area, develop an area of technical expertise, \n grow professionally, and expand leadership \n abilities.\n ``(6) Reporting.--Not later than 180 days after the date of \n the establishment of the Mentoring Program, the Secretary shall \n submit a report on the status of the Mentoring Program and \n enrollment, including the number of mentors and mentees in each \n component of the Department and how the Mentoring Program is \n being used in succession planning and leadership development \n to--\n ``(A) the Committee on Homeland Security and \n Governmental Affairs of the Senate;\n ``(B) the Committee on Homeland Security of the \n House of Representatives; and\n ``(C) the Committee on Government Reform of the \n House of Representatives.\n\n``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM.\n\n ``(a) Establishment.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary shall establish the \n Homeland Security Rotation Program (in this section referred to \n as the `Rotation Program') for employees of the Department. The \n Rotation Program shall use applicable best practices, including \n those from the Chief Human Capital Officers Council.\n ``(2) Goals.--The Rotation Program established by the \n Secretary shall--\n ``(A) be established in accordance with the \n Department Human Capital Strategic Plan;\n ``(B) provide middle level employees in the \n Department the opportunity to broaden their knowledge \n through exposure to other components of the Department;\n ``(C) expand the knowledge base of the Department \n by providing for rotational assignments of employees to \n other components;\n ``(D) build professional relationships and contacts \n among the employees in the Department;\n ``(E) invigorate the workforce with exciting and \n professionally rewarding opportunities;\n ``(F) incorporate Department human capital \n strategic plans and activities, and address critical \n human capital deficiencies, recruitment and retention \n efforts, and succession planning within the Federal \n workforce of the Department; and\n ``(G) complement and incorporate (but not replace) \n rotational programs within the Department in effect on \n the date of enactment of this section.\n ``(3) Training leaders council.--\n ``(A) In general.--The Training Leaders Council \n established by the Chief Human Capital Officer shall \n administer the Rotation Program.\n ``(B) Responsibilities.--The Training Leaders \n Council shall--\n ``(i) provide oversight of the \n establishment and implementation of the \n Rotation Program;\n ``(ii) establish a framework that supports \n the goals of the Rotation Program and promotes \n cross-disciplinary rotational opportunities;\n ``(iii) establish eligibility for employees \n to participate in the Rotation Program and \n select participants from employees who apply;\n ``(iv) establish incentives for employees \n to participate in the Rotation Program, \n including promotions and employment \n preferences;\n ``(v) ensure that the Rotation Program \n provides professional education and training;\n ``(vi) ensure that the Rotation Program \n develops qualified employees and future leaders \n with broad-based experience throughout the \n Department;\n ``(vii) provide for greater interaction \n among employees in components of the \n Department; and\n ``(viii) coordinate with rotational \n programs within the Department in effect on the \n date of enactment of this section.\n ``(4) Allowances, privileges, and benefits.--All \n allowances, privileges, rights, seniority, and other benefits \n of employees participating in the Rotation Program shall be \n preserved.\n ``(5) Reporting.--Not later than 180 days after the date of \n the establishment of the Rotation Program, the Secretary shall \n submit a report on the status of the Rotation Program, \n including a description of the Rotation Program, the number of \n employees participating, and how the Rotation Program is used \n in succession planning and leadership development to--\n ``(A) the Committee on Homeland Security and \n Governmental Affairs of the Senate;\n ``(B) the Committee on Homeland Security of the \n House of Representatives; and\n ``(C) the Committee on Government Reform of the \n House of Representatives.''.\n (b) Technical and Conforming Amendment.--Section 1(b) of the \nHomeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting \nafter the item relating to section 843 the following:\n\n``Sec. 844. Homeland Security Mentoring Program.\n``Sec. 845. Homeland Security Rotation Program.''.\n\nSEC. 3. REPORTS TO CONGRESS.\n\n (a) In General.--Chapter 41 of title 5, United States Code is \namended by adding at the end the following:\n\n``SEC. 4122. REPORTS TO CONGRESS.\n\n ``The Director of the Office of Personnel Management shall report \nannually to the Committee on Homeland Security and Governmental Affairs \nof the Senate and the Committee on Government Reform of the House of \nRepresentatives on the training, mentoring, and succession plans and \nprograms of Federal agencies, including the number of participants, the \nstructure of the programs, and how participants are used for leadership \ndevelopment and succession planning programs.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 41 of title 5, United States Code, is amended by inserting \nafter the item relating to section 4121 the following:\n\n``4122. Reports to Congress.''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as necessary to \ncarry out this Act.","summary":"Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities. And (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan. And (2) administered by the Training Leaders Council . Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies.","title":"to amend the Homeland Security Act of 2002 to establish employee professional development programs at the Department of Homeland Security.","text_len":15355,"sum_len":986} {"bill_id":"103_s918","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``NAFTA Worker \nAdjustment Assistance Act''.\n (b) Reference.--Whenever in this Act an amendment is expressed in \nterms of an amendment to a section, subsection, or other provision, the \nreference shall be considered to be made to a section, subsection, or \nother provision of the Trade Act of 1974.\n\nSEC. 2. ELIGIBILITY OF WORKERS AFFECTED BY NORTH AMERICAN FREE TRADE \n AGREEMENT.\n\n (a) Adjustment Assistance for Workers.--\n (1) In general.--Section 222 (19 U.S.C. 2272) is amended by \n adding at the end thereof the following new subsection:\n ``(c) Special Rule for Workers Affected by North American Free \nTrade Agreement.--\n ``(1) In the case of a group of workers affected by the \n North American Free Trade Agreement (including workers in any \n agricultural firm or subdivision thereof), the Secretary shall \n certify such group as eligible for adjustment assistance under \n this chapter, if--\n ``(A) the Secretary makes the determination under \n paragraphs (1) and (2) of subsection (a), and\n ``(B) the Secretary determines that--\n ``(i) increases of imports of articles like \n or directly competitive with articles which are \n produced by such workers' firm or appropriate \n subdivision thereof, contributed importantly to \n such total or partial separation, or threat \n thereof, and to such decline in sales,\n ``(ii) the North American Free Trade \n Agreement contributed importantly to a shift in \n production to Mexico of articles like or \n directly competitive with articles which are \n produced by such workers' firm or appropriate \n subdivision thereof, or\n ``(iii) the group of workers is employed in \n the manufacture of motor vehicles in the United \n States.\n ``(2) For purposes of this subsection, the term `North \n American Free Trade Agreement' means an agreement between the \n United States and Mexico (without regard to whether Canada is a \n party to all or part of such agreement) which provides for the \n establishment of a free trade area between the two nations \n through the reduction and elimination of barriers to trade.''.\n (2) Conforming amendment.--Subsection (b) of section 222 \n (19 U.S.C. 2272(b)) is amended by inserting ``and subsection \n (c)'' after ``subsection (a)(3)''.\n (b) Determinations by Secretary of Labor.--Section 223 (19 U.S.C. \n2273) is amended by striking ``(a)'' and inserting ``(a)(1)'', and by \nadding at the end of subsection (a) the following new paragraph:\n ``(2) As soon as possible after the date a notice is \n received under section 239(a)(5), but in no event later than 10 \n working days after that date, the Secretary shall determine \n if--\n ``(A) the group of workers is described in section \n 222(c)(1)(B)(iii), or\n ``(B)(i) there has been a shift in production to \n Mexico of articles like or directly competitive with \n articles which are produced by such workers' firm or \n appropriate subdivision thereof, and\n ``(ii) the North American Free Trade Agreement \n contributed importantly to such shift, and\n shall issue a certification of eligibility to apply for \n assistance under this chapter covering workers in any group \n with respect to which such determination has been made.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the day a bill implementing the North American Free Trade \nAgreement is enacted into law and shall terminate on the date on which \nsuch Agreement is fully phased in.\n\nSEC. 3. AMENDMENTS TO TITLE II OF THE TRADE ACT OF 1974.\n\n (a) Reemployment Services.--Section 235 (19 U.S.C. 2295) is amended \nto read as follows:\n\n``SEC. 235. EMPLOYMENT SERVICES.\n\n ``(a) In General.--The Secretary shall ensure that adversely \naffected workers covered by a certification under subchapter A of this \nchapter are provided early and effective reemployment assistance. Such \nassistance should include--\n ``(1) counseling,\n ``(2) testing,\n ``(3) labor market information,\n ``(4) job development,\n ``(5) job search and placement services, and\n ``(6) other supportive services provided for under any \n other Federal law, including services provided by a State \n pursuant to title III of the Job Training Partnership Act.\n ``(b) Agreements With States.--The Secretary shall, whenever \nappropriate, procure the services described in subsection (a) by \nentering into agreements with States, and shall make available to \nStates such funds as may be necessary to provide such services.''.\n (b) Training.--\n (1) In general.--Section 236(a)(2)(A) of such Act (19 \n U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' \n and inserting ``$120,000,000''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to the first fiscal year after the fiscal year in \n which the United States enters into the North American Free \n Trade Agreement, and to each fiscal year thereafter.\n (c) Agreements With States.--\n (1) Section 239(a) (19 U.S.C. 2311(a)) is amended--\n (A) by striking ``and (4)'' and inserting ``(4)'', \n and\n (B) by striking the period at the end thereof and \n inserting ``, and (5) will notify the Employment and \n Training Administration of any notice received under \n the Worker Adjustment and Retraining Notification Act \n within 5 working days after receiving such notice.''.\n (2) Section 239 (19 U.S.C. 2311) is amended by adding at \n the end thereof the following new subsection:\n ``(g) Reporting.--\n ``(1) Any agreement entered into under this section shall \n provide for the establishment of a standardized system for \n reporting the operation and effectiveness of the State program \n during the preceding year.\n ``(2) Reports under this subsection shall be submitted by \n the States to the Secretary on an annual basis.''.\n\nSEC. 4. FUNDING FOR NAFTA WORKER ADJUSTMENT ASSISTANCE.\n\n (a) Temporary Imposition of De Minimus Worker Adjustment Fee.--The \nPresident shall make a determination of the amount necessary to fund \nworker assistance programs under chapter 2 of title II of the Trade Act \nof 1974 for workers described in section 222(c) of such Act and shall \nnegotiate an agreement as part of the supplemental agreements to the \nNorth American Free Trade Agreement for the imposition by the United \nStates of a de minimus uniform fee on all articles imported into the \nUnited States from Mexico. Such fee shall--\n (1) be used to fund programs which assist United States \n workers experiencing dislocation as a result of the \n implementation and operation of the North American Free Trade \n Agreement,\n (2) take effect on the date that is 30 days after the date \n a bill implementing the North American Free Trade Agreement is \n enacted into law, and\n (3) expire on the date which is 30 days after the date on \n which such Agreement is fully phased in.\n (b) Part of Revenues To Fund Trade Adjustment Assistance.--If the \nPresident is unable to negotiate the imposition of a de minimus uniform \nfee pursuant to subsection (a), the President shall determine the \namount necessary to fund the programs described in such subsection and \nshall designate a portion of the tariffs imposed on articles imported \nfrom Mexico sufficient to fund such programs. Such amount shall be \ntransferred to the Trade Adjustment Assistance Trust Fund (established \nunder section 286 of the Trade Act of 1974). In negotiating the \nelimination of tariffs under the North American Free Trade Agreement, \nthe President shall assure revenues from such tariffs are adequate to \nprovide assistance to United States workers who are dislocated as a \nresult of such Agreement.\n (c) Special Safeguard Provisions.--Any increase in duties under any \nspecial safeguard provision in the North American Free Trade Agreement, \nwhich are imposed to remedy injury to United States industries \nresulting from increased imports, shall be transferred to the Trade \nAdjustment Assistance Trust Fund.\n\nSEC. 5. CONFORMING AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE TRUST \n FUND.\n\n (a) In General.--Section 286(b)(1) of the Trade Act of 1974 (19 \nU.S.C. 2396(b)(1)) is amended by striking ``the duty imposed by section \n287'' and inserting ``any fees imposed or duties collected pursuant to \nsection 4 of the NAFTA Worker Adjustment Assistance Act.''.\n (b) Availability of Amounts in Trust Fund; Authorization.--\nSubsections (d) and (e) of section 286 (19 U.S.C. 2396) are amended to \nread as follows:\n ``(d) Availability of Amounts in Treasury.--\n ``(1) Amounts in the Trust Fund shall be available as \n provided in appropriation Acts for expenditures that are \n required to carry out the provisions of chapter 2 with respect \n to workers described in section 222(c) (including \n administrative costs) and for payments required under \n subsection (e)(2).\n ``(2)(A) If the total amount of funds expended in any \n fiscal year to carry out chapter 2 with respect to such workers \n (including administrative costs) exceeds the amount collected \n under section 4 of the NAFTA Worker Adjustment Assistance Act \n during the preceding 1-year period, the Secretary of Labor and \n the Secretary of Commerce (in consultation with the Secretary \n of the Treasury) shall make a pro rata reduction in the amount \n of trade adjustment allowances that are paid under sections 231 \n through 234 to such workers.\n ``(B) The reduction shall be--\n ``(i) based on estimates of the amount of funds \n that will be necessary to carry out chapter 2 and the \n amount of revenue that will be raised by section 4 of \n the NAFTA Worker Adjustment Assistance Act during the \n remainder of such fiscal year and the succeeding fiscal \n year,\n ``(ii) made in a manner that ensures that all \n workers eligible for assistance under section 222(c) \n receive some assistance under such chapter 2, and\n ``(iii) made in a manner that ensures that the \n expenditures for such assistance during the remainder \n of the fiscal year and the succeeding fiscal year do \n not exceed the amount of funds available in the Trust \n Fund.\n ``(C) No reduction may be made under this paragraph in the \n amount of trade readjustment allowance payable under sections \n 231 through 234 to a worker who--\n ``(i) is described in section 222(c), and\n ``(ii) received a trade readjustment allowance \n under sections 231 through 234 for the week preceding \n the first week for which a reduction is otherwise being \n made under this paragraph.\n ``(D) If a pro rata reduction is in effect at the close of \n a fiscal year, the Secretary of Labor and the Secretary of \n Commerce, in consultation with the Secretary of the Treasury, \n may adjust or modify such reduction at the beginning of the \n fiscal year succeeding such fiscal year, based on estimates of \n the amount of funds that will be necessary to carry out chapter \n 2 with respect to workers described in section 222(c), and of \n the amount of revenue that will be raised by section 4 of the \n NAFTA Worker Adjustment Assistance Act during the succeeding \n fiscal year.\n ``(E) Any pro rata reduction made under subparagraph (A), \n and any pro rata reduction which is adjusted or modified under \n subparagraph (D), shall cease to apply after the week in \n which--\n ``(i) a 1-year period ends during which the total \n amount of funds that would have been expended to carry \n out chapter 2 with respect to workers described in \n section 222(c) (including administrative costs), if \n such reduction were not in effect, did not exceed an \n amount equal to the total amount collected under \n section 4 of the NAFTA Worker Adjustment Assistance Act \n during such 1-year period, or\n ``(ii) the Secretary of Labor and the Secretary of \n Commerce, in consultation with the Secretary of the \n Treasury, determine that the amount of funds available \n in the Trust Fund are sufficient to carry out chapter 2 \n with respect to workers described in section 222(c) \n without such reduction.\n ``(e) Authorization of Appropriations; Repayable Advances.--\n ``(1)(A) There are authorized to be appropriated to the \n Trust Fund, as repayable advances, such sums as may from time \n to time be necessary to make the expenditures described in \n subsection (d)(1).\n ``(B) Any advance appropriated to the Trust Fund under \n subparagraph (A) may be paid to the Trust Fund only to the \n extent that the total amount of advances paid during the fiscal \n year to the Trust Fund from any appropriation authorized under \n subparagraph (A) that are outstanding after such advance is \n paid to the Trust Fund does not exceed the lesser of--\n ``(i) the excess of--\n ``(I) the total amount of funds that the \n Secretary of the Treasury (in consultation with \n the Secretary of Labor and the Secretary of \n Commerce) estimates will be necessary for the \n payments and expenditures described in \n subsection (d)(1) for such fiscal year, over\n ``(II) the total amount of funds that the \n Secretary of the Treasury estimates will be \n available in the Trust Fund during the fiscal \n year (determined without regard to any advances \n made under this subsection during such fiscal \n year), or\n ``(ii) the excess of--\n ``(I) an amount equal to the total amount \n the Secretary of the Treasury estimates will be \n collected under section 4 of the NAFTA Worker \n Adjustment Assistance Act during such fiscal \n year, over\n ``(II) the amount described in clause \n (i)(II).\n ``(2) Advances made to the Trust Fund from appropriations \n authorized under paragraph (1)(A) shall be repaid, and interest \n on such advances shall be paid, to the general fund of the \n Treasury of the United States when the Secretary of the \n Treasury determines that sufficient funds are available in the \n Trust Fund for such purposes.\n ``(3) Interest on advances made from appropriations \n authorized under paragraph (1)(A) shall be at a rate determined \n by the Secretary of the Treasury (as of the close of the \n calendar month preceding the month in which the advance is \n made) to be equal to the current average market yield on \n outstanding marketable obligations of the United States with \n remaining periods to maturity comparable to the anticipated \n period during which the advance will be outstanding.''.\n (c) Effective Date.--Section 1430(c) of the Omnibus Trade and \nCompetitiveness Act of 1988 (19 U.S.C. 2397 note) is amended by \nstriking ``the first date'' and all that follows through the end period \nand inserting ``the day on which a bill implementing the North American \nFree Trade Agreement is enacted into law.''.\n\nSEC. 6. EXTENSION OF SUNSET.\n\n Subsection (b) of section 285 (19 U.S.C. 2271, preceding note) is \namended by striking ``no duty shall be imposed under section 287, after \nSeptember 30, 1993'' and inserting ``no fee shall be imposed under \nsection 4 of the NAFTA Worker Adjustment Assistance Act after September \n30, 1998''.","summary":"NAFTA Worker Adjustment Assistance Act - Amends the Trade Act of 1974 to provide trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) between the United States and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that: (1) increases of imports like or directly competitive with imports produced by such workers' firm contributed importantly to a separation and decline in sales. (2) NAFTA contributed importantly to a shift in US production in Mexico. Or (3) the workers are employed in the manufacture of motor vehicles in the United States. Makes such assistance available during the phase-in period of the Agreement. Revises provisions under the trade adjustment assistance program concerning reemployment assistance to include labor market information, job development, and job search and placement services. Makes funds available to States to provide such services. Increases the funds available for training under such program. Requires the establishment of a standardized reporting system to determine the effectiveness of State-run programs. Directs the President to negotiate an agreement for the temporary imposition of a de minimis uniform fee on all articles imported into the United States from Mexico to fund trade adjustment assistance programs needed as a result of NAFTA. Requires, if the President is unable to negotiate such an agreement, that a certain portion of tariffs imposed on Mexican imports be used to fund such programs. Transfers any increase in duties to the Trade Adjustment Assistance Trust Fund. Authorizes appropriations to such Fund as necessary.","title":"NAFTA Worker Adjustment Assistance Act","text_len":17443,"sum_len":1677} {"bill_id":"112_hr2902","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equal Access to Quality Education \nAct of 2011''.\n\nSEC. 2. EQUAL ACCESS TO QUALITY EDUCATION GRANT PROGRAM.\n\n (a) In General.--The Secretary of Education shall make grants on a \ncompetitive basis to eligible partnerships in high-need areas to \ndevelop and strengthen high-quality pathways for the teaching and \neducation leadership professions, to create professional induction \nprograms for the teaching profession, and to provide a stable and \ncollaborative learning environment for educators and students.\n (b) Purposes.--The purposes of the grant program established under \nthis section shall be to--\n (1) increase the percentage of highly qualified teachers in \n a State, including teachers from under-represented minority \n groups;\n (2) close the achievement gap for students within subgroups \n that are not showing expected performance;\n (3) decrease shortages of highly qualified teachers in poor \n urban and rural areas;\n (4) decrease high turnover rates for educators in high-need \n schools;\n (5) increase the number of highly qualified teachers in \n shortage areas, including special education, bilingual \n education, and education for English language learners, and in \n science, mathematics, engineering, and technology;\n (6) increase opportunities for enhanced and ongoing \n professional development that--\n (A) improves the academic content knowledge of \n teachers in the subject areas in which teachers are \n certified or licensed to teach or in which the teachers \n are working toward certification or licensure to teach;\n (B) promotes strong teaching skills, including \n instructional strategies that address diverse needs, \n the use of data to inform instruction, and strategies \n to improve student achievement; and\n (C) provides time for teachers to share their \n knowledge and innovation; and\n (7) provide all educators with the knowledge base and \n professional skills to meet the needs of diverse learners, \n including English language learners and students with \n disabilities.\n (c) Use of Funds.--\n (1) Required uses.--A partnership that receives a grant \n under this section shall use the funds to--\n (A) establish or support a teacher preparation \n program that--\n (i) requires participants in the program to \n complete at least one year of residency at a \n high-need school in the local educational \n agency participating in the eligible \n partnership;\n (ii) requires participants in the program \n to teach in a high-need school in such local \n educational agency for at least 3 years after \n completing residency; and\n (iii) awards a teaching credential, an \n undergraduate degree, or a Masters degree that \n meets State requirements for a teaching license \n or certification upon completion of the \n program;\n (B) establish or support a teacher induction and \n retention program that--\n (i) provides high-quality professional \n development to teachers to assist them in \n improving their knowledge, skills, and teaching \n practices in order to help students to improve \n their achievement and meet State academic \n standards;\n (ii) provides teachers with updated \n information on developments in curricula, \n assessments, and educational research, \n including the manner in which the research and \n data can be used to improve teaching skills and \n practice;\n (iii) provides a mentor teacher and other \n support for new teachers; and\n (iv) provides leadership opportunities for \n teachers, including access to career ladders \n and roles as curriculum and instructional \n leaders, mentors, and coaches; and\n (C) otherwise fulfill the purposes described in \n subsection (b).\n (2) Authorized uses.--In addition to the activities \n described in paragraph (1), a partnership that receives a grant \n under this section may use the funds for any of the following:\n (A) Providing support to each mentor teacher \n working with new teachers.\n (B) Providing preparation in effective, evidence-\n based instructional assessment practices and classroom \n management strategies for general education teachers \n serving students with disabilities and students with \n limited English proficiency.\n (C) Enabling teachers to engage in study groups, \n professional learning communities, and other \n collaborative activities and collegial interactions \n regarding instruction assessment.\n (D) Paying for release time and substitute teachers \n in order to enable teachers to participate in \n professional development and mentoring activities.\n (E) Creating libraries of professional material, \n catalogues of expert instruction, and education \n technology.\n (F) Providing high-quality professional development \n for other instructional staff, such as \n paraprofessionals, librarians, and counselors.\n (G) Developing partnerships with businesses and \n community-based organizations.\n (H) Providing tuition assistance, scholarships, or \n student loan repayment to teachers.\n (I) Providing stipends to participants in the \n teacher preparation program under paragraph (1)(A).\n (J) Providing support for home visitation, \n parenting education, and family engagement, especially \n for parents who have limited English proficiency.\n (d) Priority.--In awarding grants under this section, the Secretary \nshall give priority to eligible partnerships that--\n (1) demonstrate a plan to recruit teachers from among \n minority and local candidates and from individuals with \n disabilities;\n (2) demonstrate the use of a valid and reliable teacher \n performance assessment; or\n (3) include--\n (A) an institution of higher education that is an \n ``eligible institution'' for purposes of the TEACH \n Grant program under subpart 9 of part A of title IV of \n the Higher Education Act of 1965 (20 U.S.C. 1070g et \n seq.);\n (B) a Tribal College or University, as defined in \n section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3));\n (C) an Asian American and Native American Pacific \n Islander-serving institution, as defined in section \n 320(a) of such Act (20 U.S.C. 1059g(a));\n (D) a Hispanic-serving institution, as defined in \n section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5)); \n or\n (E) a historically Black college and university, as \n defined in section 631(a)(5) of such Act (20 U.S.C. \n 1132(a)).\n (e) Matching Requirements.--\n (1) Federal share.--The Federal share of the cost of any \n activities funded by a grant received under this section shall \n not exceed 75 percent.\n (2) Payment of non-federal share.--The non-Federal share \n may be paid in cash or in kind, fairly evaluated, including \n services.\n (f) Definitions.--In this section:\n (1) Eligible partnership.--The term ``eligible \n partnership'' means a partnership--\n (A) between a high-need local educational agency \n and an institution of higher education; and\n (B) that may include a teacher organization or a \n nonprofit educational organization.\n (2) Family engagement.--The term ``family engagement'' \n means a shared responsibility of families and schools for \n student success, in which schools and community-based \n organizations are committed to reaching out to engage families, \n especially parents of non-Native English speakers, in \n meaningful ways that encourage the families to actively support \n their children's learning and development, as well as the \n learning and development of other children. The shared \n responsibility is continuous from birth through young adulthood \n and reinforces learning that takes place in the home, school, \n and community.\n (3) High-need local educational agency.--The term ``high-\n need local educational agency'' means a local educational \n agency--\n (A)(i) that serves not fewer than 10,000 low-income \n children;\n (ii) for which not less than 20 percent of the \n children served by the agency are low-income children; \n or\n (iii) that has a percentage of low-income children \n that is above the highest quartile among such agencies \n in the State; and\n (B)(i) for which one or more schools served by the \n agency has a high percentage of teachers who are not \n highly qualified; or\n (ii) for which one or more schools served by the \n agency has a high teacher turnover rate.\n (4) Highly qualified.--The term ``highly qualified'' has \n the meaning given the term in section 9101(23) of the \n Elementary and Secondary Education Act (20 U.S.C. 7801(23)). \n The definition given the term ``highly qualified teacher'' in \n section 163 of Public Law 111-242 shall not apply with respect \n to this section.\n (5) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 102 of the Higher Education Act of 1965.\n (6) Low-income children.--The term ``low-income children'' \n means--\n (A) children from families with incomes below the \n poverty line (as defined by the Office of Management \n and Budget and revised annually in accordance with \n section 673(2) of the Omnibus Budget Reconciliation Act \n of 1981) applicable to a family of the size involved; \n or\n (B) children who are eligible for free or reduced \n price lunches under the Richard B. Russell National \n School Lunch Act.\n (7) Mentor teacher.--The term ``mentor teacher'' means a \n teacher who--\n (A) is highly qualified;\n (B) has a minimum of 3 years of teaching \n experience; and\n (C) is recommended by the principal and other \n current master and mentor teachers on the basis of--\n (i) instructional excellence through \n observations and other evidence of classroom \n practice, including standards-based \n evaluations, such as certification by the \n National Board for Professional Teaching \n Standards;\n (ii) an ability, as demonstrated by \n evidence of student learning in high-need \n schools, to increase student learning; and\n (iii) excellent instruction and \n communication with an understanding of how to \n facilitate growth in other teachers, including \n new teachers.\n (8) Teacher performance assessment.--The term ``teacher \n performance assessment'' means a program, based on State or \n national professional teaching standards, that will measure \n teachers' curriculum planning, instruction, and assessment of \n students, including appropriate plans and adaptations for \n English language learners and students with disabilities, and \n multiple sources of evidence about student learning. Such \n assessment will be validated against professional assessment \n standards and reliably scored by trained external evaluators \n with appropriate auditing of scoring to ensure consistency.\n (9) Teaching credential.--The term ``teaching credential'' \n means a program of instruction for individuals who have \n completed a baccalaureate degree, that does not lead to a \n graduate degree, and that consists of courses required by a \n State for a teacher candidate to receive a professional \n certification or license that is required for employment as a \n teacher in an elementary school or secondary school in that \n State.","summary":"Equal Access to Quality Education Act of 2011 - Directs the Secretary of Education to award competitive matching grants to partnerships between high-need local educational agencies (LEAs) and institutions of higher education (IHEs) to: (1) establish or support teacher preparation programs, and (2) establish or support teacher induction and retention programs. Requires the teacher preparation programs to: (1) require participants to complete at least one year of residency followed by at least three years of teaching at the LEA's high-need schools, and (2) award participants a teaching credential or degree that meets state requirements for a teaching license or certification upon their completion of the program. Requires the teacher induction and retention programs to provide teachers with: (1) high-quality professional development. (2) updated information on developments in curricula, assessments, and educational research. (3) a mentor teacher and other support if they are new teachers. And (4) leadership opportunities. Allows the grants to be used for certain other activities designed to improve the quality of education in high-need areas. Gives grant priority to partnerships that: (1) have a plan to recruit teachers from among minority and local candidates and the disabled, (2) use a valid and reliable teacher performance assessment. Or (3) include an IHE eligible to participate in the TEACH Grant program, a Tribal College or University, an Asian American and Native American Pacific Islander-serving institution, an Hispanic-serving institution, or an historically Black college and university.","title":"To establish a grant program to ensure that students in high-need schools have equal access to a quality education delivered by an effective, diverse workforce.","text_len":14209,"sum_len":1620} {"bill_id":"113_s884","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deter Cyber Theft Act''.\n\nSEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN \n CYBERSPACE.\n\n (a) Report Required.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, and annually thereafter, the \n Director of National Intelligence shall submit to the \n appropriate congressional committees a report on foreign \n economic and industrial espionage in cyberspace during the 12-\n month period preceding the submission of the report that--\n (A) identifies--\n (i) foreign countries that engage in \n economic or industrial espionage in cyberspace \n with respect to trade secrets or proprietary \n information owned by United States persons;\n (ii) foreign countries identified under \n clause (i) that the Director determines engage \n in the most egregious economic or industrial \n espionage in cyberspace with respect to such \n trade secrets or proprietary information (in \n this section referred to as ``priority foreign \n countries'');\n (iii) technologies or proprietary \n information developed by United States persons \n that--\n (I) are targeted for economic or \n industrial espionage in cyberspace; and\n (II) to the extent practicable, \n have been appropriated through such \n espionage;\n (iv) articles manufactured or otherwise \n produced using technologies or proprietary \n information described in clause (iii)(II);\n (v) services provided using such \n technologies or proprietary information; and\n (vi) foreign entities, including entities \n owned or controlled by the government of a \n foreign country, that request, engage in, \n support, facilitate, or benefit from the \n appropriation through economic or industrial \n espionage in cyberspace of technologies or \n proprietary information developed by United \n States persons;\n (B) describes the economic or industrial espionage \n engaged in by the foreign countries identified under \n clauses (i) and (ii) of subparagraph (A); and\n (C) describes--\n (i) actions taken by the Director and other \n Federal agencies to decrease the prevalence of \n economic or industrial espionage in cyberspace; \n and\n (ii) the progress made in decreasing the \n prevalence of such espionage.\n (2) Determination of foreign countries engaging in economic \n or industrial espionage in cyberspace.--For purposes of clauses \n (i) and (ii) of paragraph (1)(A), the Director shall identify a \n foreign country as a foreign country that engages in economic \n or industrial espionage in cyberspace with respect to trade \n secrets or proprietary information owned by United States \n persons if the government of the foreign country--\n (A) engages in economic or industrial espionage in \n cyberspace with respect to trade secrets or proprietary \n information owned by United States persons; or\n (B) facilitates, supports, fails to prosecute, or \n otherwise permits such espionage by--\n (i) individuals who are citizens or \n residents of the foreign country; or\n (ii) entities that are organized under the \n laws of the foreign country or are otherwise \n subject to the jurisdiction of the government \n of the foreign country.\n (3) Prioritization of collection and analysis of \n information.--The President shall direct the Director to make \n it a priority for the intelligence community to collect and \n analyze information in order to identify articles described in \n clause (iv) of paragraph (1)(A), services described in clause \n (v) of that paragraph, and entities described in clause (vi) of \n that paragraph.\n (4) Form of report.--Each report required by paragraph (1) \n shall be submitted in unclassified form but may contain a \n classified annex.\n (b) Action by President.--\n (1) In general.--Not later than 120 days after each report \n required by subsection (a)(1) is submitted, the President shall \n direct U.S. Customs and Border Protection to exclude from entry \n into the United States an article described in paragraph (2) if \n the President determines the exclusion of the article is \n warranted--\n (A) for the enforcement of intellectual property \n rights; or\n (B) to protect the integrity of the Department of \n Defense supply chain.\n (2) Article described.--An article described in this \n paragraph is an article--\n (A) identified under subsection (a)(1)(A)(iv);\n (B) produced or exported by an entity that--\n (i) is owned or controlled by the \n government of a priority foreign country; and\n (ii) produces or exports articles that are \n the same as or similar to articles manufactured \n or otherwise produced using technologies or \n proprietary information identified under \n subsection (a)(1)(A)(iii); or\n (C) produced or exported by an entity identified \n under subsection (a)(1)(A)(vi).\n (c) Consistency With International Agreements.--This section shall \nbe applied in a manner that is consistent with the obligations of the \nUnited States under international agreements.\n (d) Definitions.--In this section:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Armed Services, the Committee \n on Homeland Security and Governmental Affairs, the \n Committee on Finance, the Committee on Foreign \n Relations, and the Select Committee on Intelligence of \n the Senate; and\n (B) the Committee on Armed Services, the Committee \n on Homeland Security, the Committee on Foreign Affairs, \n the Committee on Ways and Means, and the Permanent \n Select Committee on Intelligence of the House of \n Representatives.\n (2) Cyberspace.--The term ``cyberspace''--\n (A) means the interdependent network of information \n technology infrastructures; and\n (B) includes the Internet, telecommunications \n networks, computer systems, and embedded processors and \n controllers.\n (3) Economic or industrial espionage.--The term ``economic \n or industrial espionage'' means--\n (A) stealing a trade secret or proprietary \n information or appropriating, taking, carrying away, or \n concealing, or by fraud, artifice, or deception \n obtaining, a trade secret or proprietary information \n without the authorization of the owner of the trade \n secret or proprietary information;\n (B) copying, duplicating, downloading, uploading, \n destroying, transmitting, delivering, sending, \n communicating, or conveying a trade secret or \n proprietary information without the authorization of \n the owner of the trade secret or proprietary \n information; or\n (C) knowingly receiving, buying, or possessing a \n trade secret or proprietary information that has been \n stolen or appropriated, obtained, or converted without \n the authorization of the owner of the trade secret or \n proprietary information.\n (4) Intelligence community.--The term ``intelligence \n community'' has the meaning given that term in section 3(4) of \n the National Security Act of 1947 (50 U.S.C. 401a(4)).\n (5) Own.--The term ``own'', with respect to a trade secret \n or proprietary information, means to hold rightful legal or \n equitable title to, or license in, the trade secret or \n proprietary information.\n (6) Person.--The term ``person'' means an individual or \n entity.\n (7) Proprietary information.--The term ``proprietary \n information'' means competitive bid preparations, negotiating \n strategies, executive emails, internal financial data, \n strategic business plans, technical designs, manufacturing \n processes, source code, data derived from research and \n development investments, and other commercially valuable \n information that a person has developed or obtained if--\n (A) the person has taken reasonable measures to \n keep the information confidential; and\n (B) the information is not generally known or \n readily ascertainable through proper means by the \n public.\n (8) Technology.--The term ``technology'' has the meaning \n given that term in section 16 of the Export Administration Act \n of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the \n International Emergency Economic Powers Act (50 U.S.C. 1701 et \n seq.)).\n (9) Trade secret.--The term ``trade secret'' has the \n meaning given that term in section 1839 of title 18, United \n States Code.\n (10) United states person.--The term ``United States \n person'' means--\n (A) an individual who is a citizen of the United \n States or an alien lawfully admitted for permanent \n residence to the United States; or\n (B) an entity organized under the laws of the \n United States or any jurisdiction within the United \n States.","summary":"Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to US trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain.","title":"Deter Cyber Theft Act","text_len":11258,"sum_len":777} {"bill_id":"112_s2134","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Canine Members of the Armed Forces \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Each of the Armed Forces and other Government agencies, \n including the Secret Service, the Central Intelligence Agency, \n and the Transportation Security Administration, use military \n working dogs (MWDs) in service to the country.\n (2) Since September 11, 2011, military working dogs have \n served in Iraq and Afghanistan and have been trained in \n explosive detection, narcotic detection, sentry, patrol, \n tracking, and other specific duties.\n (3) Military working dogs, through their training, have \n prevented injuries and saved the lives of thousands of United \n States citizens.\n (4) Military working dogs perform critical and varied roles \n that go far beyond their current designation as ``equipment.''\n\nSEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS.\n\n (a) Retirement and Reclassification of Military Working Dogs.--\nSection 2583 of title 10, United States Code, is amended--\n (1) by redesignating subsections (f) and (g) as subsections \n (h) and (i), respectively; and\n (2) by inserting after subsection (e) the following new \n subsections:\n ``(f) Classification of Military Working Dogs.--The Secretary of \nDefense shall classify military working dogs as canine members of the \narmed forces. Such dogs shall not be classified as equipment.\n ``(g) Transfer of Retired Military Working Dogs.--If the Secretary \nof the military department concerned determines that a military working \ndog should be retired, and no suitable adoption is available at the \nmilitary facility where the dog is located, the Secretary may transfer \nthe dog--\n ``(1) to the 341st Training Squadron; or\n ``(2) to another location for adoption under this \n section.''.\n (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such \ntitle is amended--\n (1) in paragraph (1)(B), by striking ``; or'' and inserting \n a semicolon;\n (2) in paragraph (2), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following new paragraph:\n ``(3) facilitating the adoption of a military working dog \n under section 2583 of this title.''.\n\nSEC. 4. VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS.\n\n (a) Veterinary Care.--\n (1) In general.--Chapter 50 of title 10, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 993. Military working dogs: veterinary care for retired military \n working dogs\n ``(a) In General.--The Secretary of Defense shall establish and \nmaintain a system to provide for the veterinary care of retired \nmilitary working dogs.\n ``(b) Eligible Dogs.--(1) A retired military working dog eligible \nfor veterinary care under this section is any military working dog \nadopted under section 2583 of this title.\n ``(2) The veterinary care provided a military working dog under \nthis section shall be provided during the life of the dog beginning on \nthe date on which the dog is adopted under such section 2583.\n ``(c) Administration.--(1) The Secretary shall administer the \nsystem required by this section under a contract awarded by the \nSecretary for that purpose.\n ``(2)(A) The contract under this subsection shall be awarded to a \nprivate non-profit entity selected by the Secretary from among such \nentities submitting an application therefor that have such experience \nand expertise as the Secretary considers appropriate for purposes of \nthis subsection.\n ``(B) An entity seeking the award of a contract under this \nsubsection shall submit to the Secretary an application therefor in \nsuch form, and containing such information, as the Secretary shall \nrequire.\n ``(3) The term of any contract under this subsection shall be such \nduration as the Secretary shall specify.\n ``(d) Standards of Care.--(1) The veterinary care provided under \nthe system required by this section shall meet such standards as the \nSecretary shall establish and from time to time update.\n ``(2) The standards required by this subsection shall include the \nfollowing:\n ``(A) Provisions regarding the types of care to be provided \n to retired military working dogs.\n ``(B) Provisions regarding the entities (including private \n veterinarians and entities) qualified to provide the care.\n ``(C) Provisions regarding the facilities, including \n military installations, government facilities, and private \n facilities, in which the care may be provided.\n ``(D) A requirement that complete histories be maintained \n on the health and use in research of retired military working \n dogs.\n ``(E) Such other matters as the Secretary considers \n appropriate.\n ``(3) The Secretary shall consult with the board of directors of \nthe non-profit private entity awarded the contract under subsection (c) \nin establishing and updating standards of care under this subsection.\n ``(e) Coverage of Costs.--(1) Except as provided in paragraph (2), \nany costs of operation and administration of the system required by \nthis section, and of any veterinary care provided under the system, \nshall be covered by such combination of the following as the Secretary \nand the non-profit entity awarded the contract under subsection (c) \njointly consider appropriate:\n ``(A) Contributions from the non-profit entity.\n ``(B) Payments for such care by owners or guardians of the \n retired military working dogs receiving such care.\n ``(C) Other appropriate non-Federal sources of funds.\n ``(2) Funds provided by the Federal Government--\n ``(A) may not be used--\n ``(i) to provide veterinary care under the system \n required by this section; or\n ``(ii) to pay for the normal operation of the non-\n profit entity awarded the contract under subsection \n (c); and\n ``(B) may be used to carry out the duties of the Secretary \n under subsections (a), (c), (d), and (f).\n ``(f) Regulations.--The Secretary shall prescribe regulations for \nthe discharge of the requirements and authorities in this section, \nincluding regulations on the standards of care required by subsection \n(d).''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 50 of such title is amended by adding at \n the end the following new item:\n\n``993. Military working dogs: veterinary care for retired military \n working dogs.''.\n (b) Regulations.--The Secretary of Defense shall prescribe the \nregulations required by subsection (f) of section 993 of title 10, \nUnited States Code (as added by subsection (a) of this section), not \nlater than 180 days after the date of the enactment of this Act.\n\nSEC. 5. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.\n\n Section 1125 of title 10, United States Code, is amended--\n (1) by inserting ``(a) General Authority.--'' before ``The \n Secretary of Defense''; and\n (2) by adding at the end the following new subsection:\n ``(b) Recognition of Service of Military Working Dogs.--The \nSecretary of Defense shall create a decoration or other appropriate \nrecognition to recognize military working dogs under the jurisdiction \nof the Secretary that are killed in action or perform an exceptionally \nmeritorious or courageous act in service to the United States.''.","summary":"Canine Members of the Armed Forces Act - Directs the Secretary of Defense (DOD) to classify military working dogs as canine members of the Armed Forces. Requires that such dogs no longer be classified as equipment. Provides that if a dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the dog may transferred to the 341st Training Squadron or to another location for adoption. Authorizes the acceptance of the donation of frequent traveler miles to facilitate the adoption of a dog. Directs the Secretary to establish and maintain a system to provide for the lifetime veterinary care of retired, adopted dogs. Requires the Secretary to administer the system under a contract awarded by the Secretary to a private non-profit entity. Requires such care to meet standards that the Secretary shall establish and periodically update. Requires any costs of the operation and administration of the system and of any veterinary care provided under the system to be covered by such combination of the following as the Secretary and the non-profit entity jointly consider appropriate: (1) contributions from the non-profit entity, (2) payments for such care by owners or guardians of such dogs, and (3) other appropriate non-federal sources of funds. Prohibits the use of federal funds to provide care or operate the system, except for funds used to establish or administer the system, establish standards of care, or prescribe related regulations. Directs the Secretary to create a decoration or other appropriate recognition to recognize dogs that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.","title":"A bill to amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, care, and recognition of military working dogs, and for other purposes.","text_len":7874,"sum_len":1712} {"bill_id":"106_hr1426","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Money Laundering Prevention Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress makes the following findings:\n (1) Money laundering is a serious problem: between \n $100,000,000,000 and $300,000,000,000 in United States currency \n is ``laundered'' each year and the total dollar amount involved \n in international money laundering likely exceeds \n $500,000,000,000.\n (2) Money laundering is critical to the survival of the \n illicit drug trade, which has annual worldwide revenues of more \n than $400,000,000,000, more than 8 percent of the total value \n of international trade.\n (3) United States financial institutions are a critical \n link in our efforts to combat money laundering.\n (4) Highly secretive and loosely regulated private banking \n services that cater to wealthy clients are particularly \n vulnerable to use by drug traffickers for money laundering \n purposes, and it is estimated that private banking services \n have banking assets ranging from $200,000,000,000 to \n $300,000,000,000.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To ensure that United States financial institutions \n make combating money laundering the highest of priorities.\n (2) To close the existing gaps in law that allow money \n laundering to flourish in the private banking system.\n (3) To designate foreign high-intensity money laundering \n areas for the purpose of targeting areas of concentrated money \n laundering activities.\n (4) To require the Board of Governors of the Federal \n Reserve System to take into account money laundering activities \n in the consideration of applications under section 3 of the \n Bank Holding Company Act of 1956.\n\nSEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES.\n\n (a) In General.--Before the end of the 1-year period beginning on \nthe date of the enactment of this Act, the Secretary of the Treasury, \nin consultation with the Federal banking agencies (as defined in \nsection 3(z) of the Federal Deposit Insurance Act) shall submit a \nreport on private banking activities in the United States to the \nCommittee on Banking and Financial Services of the House of \nRepresentatives and the Committee on Banking, Housing, and Urban \nAffairs of the Senate.\n (b) Contents of Report.--The report required under subsection (a) \nshall include information on the following:\n (1) The nature and extent of private banking activities in \n the United States.\n (2) Regulatory efforts to monitor private banking \n activities and ensure that such activities are conducted in \n compliance with subchapter II of chapter 53 of title 31, United \n States Code, and section 21 of the Federal Deposit Insurance \n Act.\n (3) The policies and procedures of depository institutions \n that are designed to ensure compliance by such institutions \n with the requirements of subchapter II of chapter 53 of title \n 31, United States Code, and section 21 of the Federal Deposit \n Insurance Act.\n (c) Private Banking Activities Defined.--For purposes of this \nsection, the term ``private banking activities'' includes, with respect \nto a financial institution, personalized services, such as money \nmanagement, financial advice, and investment services, that are \nprovided to individuals with a high net worth and are not provided \ngenerally to all clients of the financial institution.\n\nSEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY \n LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL \n INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN \n ACCOUNT INFORMATION.\n\n Section 5318(h) of title 31, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(3) Availability of certain account information.--The \n Secretary of the Treasury shall prescribe regulations under \n this subsection which require financial institutions to \n maintain all accounts in such a way as to ensure that--\n ``(A) the name of the account holder and the number \n of the account are associated with all account activity \n of the account holder; and\n ``(B) all such information is available for \n purposes of account supervision and law enforcement.''\n\nSEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS.\n\n (a) In General.--Subchapter III of chapter 53 of title 31, United \nStates Code (as added by the Money Laundering and Financial Crimes \nStrategy Act of 1998) is amended by adding at the end the following new \npart:\n\n ``Part 3--International Money Laundering and Related Financial Crimes\n\n``Sec. 5361. Designation of foreign high-intensity money laundering \n areas\n ``(a) In General.--The Secretary, in consultation with the Federal \nbanking agencies, shall develop criteria for identifying areas outside \nthe United States in which money laundering activities are \nconcentrated.\n ``(b) Designation.--The Secretary shall designate as a high-\nintensity money laundering area any foreign country in which there is \nan area identified, in accordance with the criteria developed pursuant \nto subsection (a), as an area in which money laundering activities are \nconcentrated.\n ``(c) Notice and Warning.--Upon the designation, under subsection \n(b), of a country as a high-intensity money laundering area, the \nSecretary shall provide--\n ``(1) a written notice to each insured depository \n institution (as defined in section 3 of the Federal Deposit \n Insurance Act), and each depository institution holding company \n (as defined in such section 3) that controls an insured \n depository institution, of the identity of the country \n designated; and\n ``(2) a written warning that there is a concentration of \n money laundering activity in such country.''.\n (b) Clerical Amendment.--The table of subchapters for chapter 53 of \ntitle 31, United States Code, is amended by adding at the end the \nfollowing item:\n\n ``Part 3--International Money Laundering and Related Financial Crimes\n\n``5361. Designation of foreign high-intensity money laundering \n areas.''.\n\nSEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH-\n INTENSITY MONEY LAUNDERING AREAS.\n\n (a) In General.--Section 5322 of title 31, United States Code, is \namended by adding at the end the following new subsection:\n ``(d) Doubled Penalty.--The court may double the sentence of fine \nor imprisonment, or both, that could otherwise be imposed on any person \nfor a violation described in subsection (a) or (b) if the person \ncommits the violation with respect to a transaction involving a person \nin, a relationship maintained for a person in, or a transport of a \nmonetary instrument involving a foreign country, knowing that a \ndesignation of the foreign country as a high-intensity money laundering \narea under section 5361 was in effect at the time of the violation.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to any violation committed on or after the date of \nthe enactment of this Act.\n\nSEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956.\n\n (a) In General.--Section 3(c) of the Bank Holding Company Act of \n1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following \nnew paragraph:\n ``(6) Money laundering.--In every case--\n ``(A) the Board shall take into consideration the \n effectiveness of the company or companies in combating \n and preventing money laundering activities, including \n in overseas branches;\n ``(B) the Board shall not consider any application \n under this section involving any company which is the \n subject of any--\n ``(i) pending Federal investigation of \n possible money laundering or other related \n financial crimes; or\n ``(ii) pending Federal prosecution for \n money laundering or other related financial \n crimes,\n until such investigation or prosecution is completed \n and a finding is made, except that this subparagraph \n shall not apply if the period for such completion and \n the making of findings exceeds 3 years; and\n ``(C) the Board shall disapprove any application \n under this section involving any company which has been \n found criminally or civilly liable for money laundering \n or any related financial crime during the 5-year period \n preceding the consideration of such application by the \n Board.''.\n (b) Scope of Application.--The amendment made by subsection (a) \nshall apply with respect to any application submitted to the Board of \nGovernors of the Federal Reserve System under section 3 of the Bank \nHolding Company Act of 1956 after December 31, 1997, which has not been \napproved by the Board before the date of the enactment of this Act.","summary":"Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder. And (2) all such information is available for purposes of account supervision and law enforcement. Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches. (2) not consider any application involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception. And (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.","title":"Money Laundering Prevention Act of 1999","text_len":9650,"sum_len":2342} {"bill_id":"111_s2741","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Telemedicine Enhancing \nCommunity Health (TECH) Act of 2009''.\n\nSEC. 2. TELEHEALTH PILOT PROJECTS.\n\n (a) In General.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary'') shall establish 3-\nyear telehealth pilot projects for the purpose of analyzing the \nclinical outcomes and cost effectiveness associated with telehealth \nservices in a variety of geographic areas. The Secretary shall provide \nevaluation and treatment services to entities participating in the \npilot projects.\n (b) Eligible Entities.--\n (1) In general.--The Secretary shall select eligible \n entities to participate in the pilot projects under this \n section.\n (2) Priority.--In selecting eligible entities to \n participate in the pilot projects under this section, the \n Secretary shall give priority to such entities located in \n medically underserved areas and facilities of the Indian Health \n Service.\n (c) Evaluation.--The Secretary shall, through the pilot projects, \nevaluate--\n (1) the effective and economic delivery of care in treating \n behavioral health issues (including post-traumatic stress \n disorder) with the use of telehealth services in medically \n underserved and tribal areas, including collaborative uses of \n health professionals, integration of the range of telehealth \n and other technologies, and exploration of appropriate \n reimbursement methods for third party payers;\n (2) the effectiveness of improving the capacity of non-\n medical providers and non-specialized medical providers to \n provide health services for chronic complex diseases in \n medically underserved and tribal areas; and\n (3) the effectiveness of using telehealth services to \n provide acute stroke evaluation and treatment, occupational \n therapy, physical therapy, and speech language pathology \n services to treat cerebrovascular disease in medically \n underserved and tribal areas.\n (d) Report.--Not later than 3 years after the pilot projects are \nestablished under subsection (a), the Secretary shall submit to \nCongress a report describing the outcomes of such pilot projects and \nproviding recommendations for expanding the use of telehealth services.\n (e) Expansion of Project.--If the Secretary determines that the \npilot projects under this section enhance outcomes for patients and \nreduce expenditures for participating entities, the Secretary may \ninitiate similar projects for additional medical conditions and \ngeographic areas.\n (f) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated $13,500,000 for fiscal years \n2011 through 2014.\n\nSEC. 3. EXPANDING ACCESS TO STROKE TELEHEALTH SERVICES.\n\n (a) Expansion of Originating Sites for Stroke Telehealth \nServices.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. \n1395m(m)(4)) is amended--\n (1) in subparagraph (C)--\n (A) in clause (i), in the matter preceding \n subclause (I), by striking ``The term'' and inserting \n ``Subject to clause (iii), the term''; and\n (B) by adding at the end the following new clause:\n ``(iii) Expansion of originating sites for \n stroke telehealth services.--In the case of \n stroke telehealth services, the term \n `originating site' means any site described in \n clause (ii) at which the eligible telehealth \n individual is located at the time the service \n is furnished via a telecommunications system, \n regardless of where the site is located.''; and\n (2) by adding at the end the following new subparagraph:\n ``(G) Stroke telehealth services.--The term `stroke \n telehealth services' means a telehealth service used \n for the evaluation or treatment of individuals with \n acute stroke, occupational therapy, physical therapy, \n and speech language pathology services furnished \n subsequent to a stroke, and stroke prevention and \n education services.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to telehealth services furnished on or after the date that is 6 \nmonths after the date of enactment of this Act.\n\nSEC. 4. IMPROVING ACCESS TO TELEHEALTH SERVICES AT IHS FACILITIES AND \n FQHCS.\n\n (a) Inclusion of IHS Facilities as Originating Sites.--Section \n1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. \n1395m(m)(4)(C)(ii)) is amended by adding at the end the following new \nsubclause:\n ``(IX) A facility of the Indian \n Health Service, whether operated by \n such Service or by an Indian tribe or \n tribal organization (as those terms are \n defined in section 4 of the Indian \n Health Care Improvement Act).''.\n (b) Access to Store-and-Forward and Videoconferencing \nTechnologies.--\n (1) In general.--Section 1834(m)(1) of such Act (42 U.S.C. \n 1395m(m)(1)) is amended by adding at the end the following \n sentence: ``For purposes of the first sentence, in the case of \n telehealth services described in subclause (I) of paragraph \n (4)(F)(iii) that are furnished by a facility of the Indian \n Health Service (whether operated by such Service or by an \n Indian tribe or tribal organization (as those terms are defined \n in section 4 of the Indian Health Care Improvement Act)) or a \n federally qualified health center (as defined in section \n 1861(aa)(4)), the term `telecommunications system' includes \n store-and-forward technologies described in the preceding \n sentence and, in the case of telehealth services described in \n subclause (II) of such paragraph that are furnished by such a \n facility or federally qualified health center, such term \n includes videoconferencing technologies.''\n (2) Conforming amendment.--Section 1834(m)(4)(F) of such \n Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end \n the following new clauses:\n ``(iii) Telehealth services described.--For \n purposes of paragraph (1):\n ``(I) The telehealth services \n described in this subclause include \n consultations related to neurosurgery, \n neurology, cardiology, dermatology, \n pediatric specialty, and orthopedic (as \n specified by the Secretary).\n ``(II) The telehealth services \n described in this subclause are \n services related to hepatitis and other \n chronic conditions and behavioral \n health services (as specified by the \n Secretary).''.\n (c) Effective Date.--The amendments made by this section shall \napply to telehealth services furnished on or after the date that is 6 \nmonths after the date of enactment of this Act.\n\nSEC. 5. IMPROVING CREDENTIALING AND PRIVILEGING STANDARDS FOR \n TELEHEALTH SERVICES.\n\n Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is \namended by adding at the end the following new paragraph:\n ``(5) Establishment of remote credentialing and privileging \n standards.--\n ``(A) In general.--Not later than 2 years after the \n date of the enactment of this paragraph, the Secretary \n shall establish reasonable regulations for considering \n the remote credentialing and privileging standards \n applicable to telehealth services, including \n interpretative services, for originating sites under \n this subsection. Such regulations shall allow an \n originating site to accept, and not duplicate, the \n credentialing and privileging processes and decisions \n made by another site.\n ``(B) Clarification regarding acceptance of \n processes and decisions prior to enactment of \n regulations.--During the period beginning on such date \n of enactment and ending on the effective date of the \n regulations under subparagraph (A), the Secretary shall \n not take any punitive action under any rule or \n regulation against an originating site on the basis of \n that site's acceptance, for purposes of receiving \n telehealth services (including interpretive services), \n the credentialing and privileging processes and \n decisions made by another site that is accredited by a \n national accreditation body recognized by the Secretary \n under section 1865(a)(1) if the site accepting such \n credentialing and privileging processes is also so \n accredited and complies with the applicable \n requirements for such acceptance.''.","summary":"Rural Telemedicine Enhancing Community Health (TECH) Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for expansion of originating telehealth sites for stroke telehealth services. (2) provide access to store-and-forward telehealth services in facilities of the Indian Health Service and federally qualified health centers. And (3) direct the Secretary to establish reasonable regulations to consider the remote credentialing and privileging standards for originating sites with respect to telehealth services.","title":"A bill to establish telehealth pilot projects, expand access to stroke telehealth services under the Medicare program, improve access to \"store-and-forward\" telehealth services in facilities of the Indian Health Service and Federally qualified health centers, reimburse facilities of the Indian Health Service as originating sites, establish regulations to consider credentialing and privileging standards for originating sites with respect to receiving telehealth services, and for other purposes.","text_len":9837,"sum_len":787} {"bill_id":"111_hr710","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Retiree's Investment Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States banking system's ability to extend \n credit on a basis consistent with healthy economic activity is \n restricted by a need or desire to conserve capital in the face \n of anticipated losses.\n (2) A shortage of banking capital may continue to exist \n because private investors are generally unwilling to provide \n such capital given their inability to accurately assess the \n risk exposure of any individual institution while the Federal \n Government's ability to function as a capital provider may be \n constrained by concerns regarding Federal control of the \n banking system as well its desire to use Federal funds in \n numerous areas besides capitalization of the banking system.\n (3) State and local public pension funds are long term \n investors whose constituents benefit from a well-capitalized \n banking system with the ability to extend credit broadly at all \n levels of the economy.\n (4) Certain State and local pension plans have broad \n investment powers under State law which would include the \n ability to form cooperative business endeavors solely owned by \n them or in concert with public pension plans in other States.\n (5) Certain of these public pension plans have indicated \n their willingness and ability to rapidly form and fund a \n vehicle to be mutually owned by them for the sole purpose of \n investing in preferred stocks of United States banking \n institutions subject to certain guaranties provided by the \n Secretary of the Treasury or other appropriate Federal \n Government officer or agency.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Eligible investments.--The term ``eligible investment'' \n means any preferred stock investment which meets the \n requirements of this Act by any public pension bank capital \n infusion fund.\n (2) Public pension plans.--The term ``public pension plan'' \n means any State and local pension plan that has broad \n investment powers and authority under State law, including the \n authority to establish, administer, and participate in \n cooperative business endeavors solely owned by the plan or \n other public pension plans.\n (3) Public pension bank capital infusion fund.--The term \n ``public pension bank capital infusion fund'' means any \n investment vehicle mutually owned by public pension plans for \n the sole purpose of investing in preferred stocks of United \n States banking institutions, subject to certain guarantees \n provided by the Secretary of the Treasury or other appropriate \n Federal Government officer or agency, that meets the \n requirements of this Act for such capital infusion funds.\n (4) Qualified equity offering.--The term ``qualified equity \n offering'' means the sale for cash, by a financial institution \n after the date of an investment by a public pension bank \n capital infusion fund in any eligible investment issued by such \n institution, of perpetual preferred stock or common stock which \n qualifies as Tier 1 capital of such financial institution.\n (5) Reguarantee.--The term ``reguarantee'' means a \n guarantee issued by a guarantor of the payment of, or the \n fulfillment of any other obligation under, a guarantee issued \n by another guarantor.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n\nSEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK \n INSTRUMENTS.\n\n (a) Guarantee and Reguarantee Authority.--The Secretary may \nguarantee eligible investments or reguarantee a guarantee of eligible \ninvestments.\n (b) Requirements and Procedures for Guarantees.--\n (1) Term and other conditions of guarantees.--Any guarantee \n or reguarantee provided by the Secretary under subsection (a) \n with respect to an eligible investment shall--\n (A) be an unconditional guarantee for the life of \n the eligible investment; and\n (B) shall cover the timely payment of dividends on, \n and the ultimate return of principal of, such eligible \n investment, in accordance with the terms of the \n eligible investment.\n (2) Procedures.--The process by which the Secretary shall \n be notified of a need to perform under a guarantee or \n reguarantee issue under subsection (a) and the manner in which \n the Secretary shall perform the duties of guarantor or \n reguarantor shall be mutually agreed to by the Secretary, the \n other guarantor, in the case of a reguarantee from the \n Secretary, and the public pension bank capital infusion fund.\n (c) Terms of Eligibility for Public Pension Plans.--\n (1) Authorized under state law.--The Secretary may not \n guarantee or reguarantee eligible investments of a public \n pension bank capital infusion fund under subsection (a) unless \n each public pension plan which has a mutual ownership interest \n in such capital infusion fund is authorized under State law to \n establish, or participate in the formation of, a wholly owned \n mutual fund or a limited liability corporation, in the case of \n joint ownership with other public pension plans.\n (2) Choice of law issue.--The powers of any public pension \n plan for purposes of this subsection shall--\n (A) in all instances be determined by the law of \n the domicile State of such public pension plans; and\n (B) in the case of a joint endeavor among public \n pension plans from different States, by a choice of law \n agreement (among the participating public pension \n plans) to which each State represented by a plan has \n granted full faith and credit.\n (d) Terms of Eligibility for Eligible Investments by a Public \nPension Bank Capital Infusion Fund.--\n (1) Maximum amount per fund.--The eligible investments of a \n public pension bank capital infusion fund shall be eligible for \n a guarantee or reguarantee under this section only if the \n aggregate amount of such investments by the fund do not exceed \n $50,000,000,000.\n (2) Institution eligible for investments.--Only an \n investment in preferred stock that meets the requirements of \n subsection (e) and has been issued by a financial institution \n which meets the definition of a qualifying financial \n institution under the TARP Capital Purchase Program established \n under the authority of the Emergency Economic Stabilization Act \n of 2008 may be treated as an eligible investment for purposes \n of this Act.\n (e) Preferred Stock Requirements.--Preferred stock meets the \nrequirements of this subsection if the following terms and conditions \nare met by such stock:\n (1) Security.--The stock bears senior preferred status with \n a liquidation preference of $1,000 per share or higher as \n provided in the TARP Capital Purchase Program.\n (2) Ranking.--The stock is senior to common stock and pari \n passu with existing preferred shares other than preferred \n shares which by their terms rank junior to any existing \n preferred shares.\n (3) Regulatory capital status.--The preferred stock meets \n the requirement for treatment as Tier I capital for the \n financial institution which issued it.\n (4) Term.--The term of the stock is perpetual.\n (5) Dividends.--\n (A) In general.--The stock pays cumulative \n dividends at--\n (i) an initial rate of 8.5 percent per \n year; and\n (ii) after the end of the 1-year period \n beginning on the date of the enactment of this \n Act, at the prevailing reset rate determined in \n accordance with subparagraph (B).\n (B) Reset rate.--The term ``reset rate'' means the \n rate determined at the end of the 1-year period \n beginning on the date of the enactment of this Act and \n each 1-year period thereafter by adding together--\n (i) the yield prevailing as of the close of \n business of the date of the determination on \n 10-year United States treasury notes; and\n (ii) the difference between 8.5 percent and \n the yield prevailing as of the close of \n business on the date of the enactment of this \n Act on 10-year United States treasury notes.\n (6) Redemption.--\n (A) Timing.--The redemption of the stock is subject \n to the following conditions:\n (i) The stock may not be redeemed for a \n period of 3 years from the date of the initial \n investment by the public pension bank capital \n infusion fund, except with the proceeds from a \n qualified equity offering which results in \n aggregate gross proceeds to the financial \n institution which issued the stock of not less \n than 25 percent of the issue price of the \n stock.\n (ii) After the third anniversary of the \n date of the investment, the stock may be \n redeemed, in whole or in part, at any time and \n from time to time, at the option of the \n financial institution.\n (B) Amount.--All redemptions of the stock are at \n 100 percent of the issue price, plus any accrued and \n unpaid dividends and shall be subject to the approval \n of the primary Federal financial regulator of the \n issuing financial institution.\n (7) Restrictions on dividends.--For as long as the \n preferred stock is outstanding, no dividends may be declared or \n paid on junior preferred shares, preferred shares ranking pari \n passu with the preferred stock, or common shares (other than in \n the case of pari passu preferred shares' dividends on a pro \n rata basis with the preferred stock) nor may the financial \n institution which issued the preferred stock repurchase or \n redeem any junior preferred shares, preferred shares ranking \n pari passu with the preferred stock, or common shares until \n such time as the preferred stock has been redeemed in whole.\n (8) Voting rights.--The preferred stock is nonvoting, other \n than class voting rights on--\n (A) any authorization or issuance of shares ranking \n senior to the preferred stock;\n (B) any amendment to the rights of the preferred \n stock; or\n (C) any merger, exchange or similar transaction \n which would adversely affect the rights of the \n preferred stock.\n (9) Appoint of directors.--The stock instrument provides \n that if dividends on the preferred stock are not paid in full \n for more than 4 consecutive dividend periods, the Secretary may \n elect 2 directors to serve on the board of directors of the \n issuing financial institution until such time as full dividends \n have been paid for 4 consecutive dividend periods.\n (10) Timing of guaranty payments.--The payment of guaranty \n payments under this Act shall be pursuant to a policy mutually \n agreed to by the Secretary, the other guarantor, in the case of \n a reguarantee from the Secretary, and the public pension bank \n capital infusion fund which policy shall be consistent with the \n intent of the guarantee, as specified in section 4(b).\n (f) Effective Period of Guarantee Authority.--Notwithstanding any \nother provision of this section, any guarantee or reguarantee under \nthis subsection may only be provided on an eligible investment whose \ninitial issuance is made before the end of the 3-year period beginning \non the date of the enactment of this Act .\n (g) Treatment Under Other Law.--A public pension bank capital \ninfusion fund that is a mutual fund vehicle or limited liability \ncorporation owned by one or more public pension plans and managed under \ncontract by an appropriate service vender (as approved by the \nSecretary) who reports to the fund directly or through its chief \ninvestment officer shall be deemed to be a political subdivision of a \nState as that term is defined in section 414(d) of the Internal Revenue \nCode of 1986 and shall be exempt from taxation pursuant to section 115 \nof such Code.\n (h) Reports.--\n (1) In general.--In the case of any guarantee or \n reguarantee issued by the Secretary, under subsection (a), with \n respect to eligible investments, the guarantor of such eligible \n investments shall submit a report to the Congress (and to the \n Secretary, in any case in which the Secretary is the \n reguarantor) on the status of the guarantee or reguarantee.\n (2) Contents.--Each report submitted under paragraph (1) \n shall include, at a minimum--\n (A) the name of any institution issuing eligible \n investments for which a guarantee is in effect;\n (B) the face amount of each eligible investment \n covered by the guarantee;\n (C) the amount of dividends paid, declared and due \n under the terms of the eligible investment; and\n (D) the amount of any payments made by the \n guarantor as a result of the enactment of this Act.","summary":"Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of US banking institutions. Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. Caps the maximum amount of investments by such such a capital infusion fund at $50 billion. Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA).","title":"To secure additional Tier I capital for the United States banking system from parties other than the Federal Government by providing authority to the Secretary of the Treasury to guaranty certain new preferred stock investments made by public pensions acting in a collective fashion, and for other purposes.","text_len":14798,"sum_len":989} {"bill_id":"105_s140","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Welfare \nImprovement Act of 1997''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. No additional cash assistance for children born to families \n receiving assistance.\nSec. 3. Prohibition of recruitment activities.\nSec. 4. Mandatory termination of assistance.\nSec. 5. Work participation rate requirement.\nSec. 6. Limitation on payments to States.\nSec. 7. Effective date.\n\nSEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES \n RECEIVING ASSISTANCE.\n\n Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is \namended by adding at the end the following:\n ``(12) No additional cash assistance for children born to \n families receiving assistance.--\n ``(A) General rule.--A State to which a grant is \n made under section 403 shall not use any part of the \n grant to provide cash benefits for a minor child who is \n born to--\n ``(i) a recipient of assistance under the \n program operated under this part; or\n ``(ii) a person who received such \n assistance at any time during the 10-month \n period ending with the birth of the child.\n ``(B) Exception for children born into families \n with no other children.--Subparagraph (A) shall not \n apply to a minor child who is born into a family that \n does not include any other children.\n ``(C) Exception for vouchers.--Subparagraph (A) \n shall not apply to vouchers which are provided in lieu \n of cash benefits and which may be used only to pay for \n particular goods and services specified by the State as \n suitable for the care of the child involved.\n ``(D) Exception for rape or incest.--Subparagraph \n (A) shall not apply with respect to a child who is born \n as a result of rape or incest.\n ``(E) State election to opt out.--Subparagraph (A) \n shall not apply to a State if State law specifically \n exempts the State program funded under this part from \n the application of subparagraph (A).\n ``(F) Substitution of family caps in effect under \n waivers.--Subparagraph (A) shall not apply to a State--\n ``(i) if, as of the date of the enactment \n of this part, there is in effect a waiver \n approved by the Secretary under section 1115 \n which permits the State to deny aid under the \n State plan approved under part A of this title \n (as in effect without regard to the amendments \n made by title I of the Personal Responsibility \n and Work Opportunity Reconciliation Act of 1996 \n (Public Law 104-193, 110 Stat. 2110) to a \n family by reason of the birth of a child to a \n family member otherwise eligible for such aid; \n and\n ``(ii) for so long as the State continues \n to implement such policy under the State \n program funded under this part, under rules \n prescribed by the State.''.\n\nSEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES.\n\n Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended \nby adding at the end the following new subsection:\n\n ``prohibition of recruitment activities\n\n ``(p) Nothing in this title shall be construed to authorize \nrecruitment activities under this title, including with respect to any \noutreach programs or demonstration projects.''.\n\nSEC. 4. MANDATORY TERMINATION OF ASSISTANCE.\n\n Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)), \nis amended to read as follows:\n ``(1) In general.--Except as provided in paragraph (2), if \n an individual in a family receiving assistance under the State \n program funded under this part refuses to engage in work \n required in accordance with this section, the State shall--\n ``(A) in the case of the first or second refusal--\n ``(i) reduce the amount of assistance \n otherwise payable to the family pro rata (or \n more, at the option of the State) with respect \n to any period during a month in which the \n individual so refuses; or\n ``(ii) terminate such assistance,\n subject to such good cause and other exceptions as the \n State may establish; and\n ``(B) in the case of the third refusal, terminate \n the assistance.''.\n\nSEC. 5. WORK PARTICIPATION RATE REQUIREMENT.\n\n The table in section 407(a)(1) of the Social Security Act (42 \nU.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002 \nor thereafter, by striking ``50'' and inserting ``75''.\n\nSEC. 6. LIMITATION ON PAYMENTS TO STATES.\n\n Part A of title IV of the Social Security Act (42 U.S.C. 601 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 420. LIMITATION ON PAYMENTS TO STATES.\n\n ``Notwithstanding any other provision of this part, no funds may be \npaid to a State under this part unless the State--\n ``(1) establishes and maintains a reasonable program for \n randomly testing an individual in a family receiving assistance \n under the State program funded under this part for the use of \n controlled substances; and\n ``(2) terminates assistance under the State program funded \n under this part for any individual who tests positive for the \n use of controlled substances.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act take effect as if \nincluded in the enactment of the Personal Responsibility and Work \nOpportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. \n2105).","summary":"Welfare Improvement Act of 1997 - Amends part A (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.","title":"Welfare Improvement Act of 1997","text_len":6524,"sum_len":1348} {"bill_id":"104_hr925","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Private Property Protection Act of \n1995''.\n\nSEC. 2. FEDERAL POLICY AND DIRECTION.\n\n (a) General Policy.--It is the policy of the Federal Government \nthat no law or agency action should limit the use of privately owned \nproperty so as to diminish its value.\n (b) Application to Federal Agency Action.--Each Federal agency, \nofficer, and employee should exercise Federal authority to ensure that \nagency action will not limit the use of privately owned property so as \nto diminish its value.\n\nSEC. 3. RIGHT TO COMPENSATION.\n\n (a) In General.--The Federal Government shall compensate an owner \nof property whose use of any portion of that property has been limited \nby an agency action, under a specified regulatory law, that diminishes \nthe fair market value of that portion by 20 percent or more. The amount \nof the compensation shall equal the diminution in value that resulted \nfrom the agency action. If the diminution in value of a portion of that \nproperty is greater than 50 percent, at the option of the owner, the \nFederal Government shall buy that portion of the property for its fair \nmarket value.\n (b) Duration of Limitation on Use.--Property with respect to which \ncompensation has been paid under this Act shall not thereafter be used \ncontrary to the limitation imposed by the agency action, even if that \naction is later rescinded or otherwise vitiated. However, if that \naction is later rescinded or otherwise vitiated, and the owner elects \nto refund the amount of the compensation, adjusted for inflation, to \nthe Treasury of the United States, the property may be so used.\n\nSEC. 4. EFFECT OF STATE LAW.\n\n If a use is a nuisance as defined by the law of a State or is \nalready prohibited under a local zoning ordinance, no compensation \nshall be made under this Act with respect to a limitation on that use.\n\nSEC. 5. EXCEPTIONS.\n\n (a) Prevention of Hazard to Health or Safety or Damage to Specific \nProperty.--No compensation shall be made under this Act with respect to \nan agency action the primary purpose of which is to prevent an \nidentifiable--\n (1) hazard to public health or safety; or\n (2) damage to specific property other than the property \n whose use is limited.\n (b) Navigation Servitude.--No compensation shall be made under this \nAct with respect to an agency action pursuant to the Federal navigation \nservitude, as defined by the courts of the United States, except to the \nextent such servitude is interpreted to apply to wetlands.\n\nSEC. 6. PROCEDURE.\n\n (a) Request of Owner.--An owner seeking compensation under this Act \nshall make a written request for compensation to the agency whose \nagency action resulted in the limitation. No such request may be made \nlater than 180 days after the owner receives actual notice of that \nagency action.\n (b) Negotiations.--The agency may bargain with that owner to \nestablish the amount of the compensation. If the agency and the owner \nagree to such an amount, the agency shall promptly pay the owner the \namount agreed upon.\n (c) Choice of Remedies.--If, not later than 180 days after the \nwritten request is made, the parties do not come to an agreement as to \nthe right to and amount of compensation, the owner may choose to take \nthe matter to binding arbitration or seek compensation in a civil \naction.\n (d) Arbitration.--The procedures that govern the arbitration shall, \nas nearly as practicable, be those established under title 9, United \nStates Code, for arbitration proceedings to which that title applies. \nAn award made in such arbitration shall include a reasonable attorney's \nfee and other arbitration costs (including appraisal fees). The agency \nshall promptly pay any award made to the owner.\n (e) Civil Action.--An owner who does not choose arbitration, or who \ndoes not receive prompt payment when required by this section, may \nobtain appropriate relief in a civil action against the agency. An \nowner who prevails in a civil action under this section shall be \nentitled to, and the agency shall be liable for, a reasonable \nattorney's fee and other litigation costs (including appraisal fees). \nThe court shall award interest on the amount of any compensation from \nthe time of the limitation.\n (f) Source of Payments.--Any payment made under this section to an \nowner, and any judgment obtained by an owner in a civil action under \nthis section shall, notwithstanding any other provision of law, be made \nfrom the annual appropriation of the agency whose action occasioned the \npayment or judgment. If the agency action resulted from a requirement \nimposed by another agency, then the agency making the payment or \nsatisfying the judgment may seek partial or complete reimbursement from \nthe appropriated funds of the other agency. For this purpose the head \nof the agency concerned may transfer or reprogram any appropriated \nfunds available to the agency. If insufficient funds exist for the \npayment or to satisfy the judgment, it shall be the duty of the head of \nthe agency to seek the appropriation of such funds for the next fiscal \nyear.\n\nSEC. 7. LIMITATION.\n\n Notwithstanding any other provision of law, any obligation of the \nUnited States to make any payment under this Act shall be subject to \nthe availability of appropriations.\n\nSEC. 8. DUTY OF NOTICE TO OWNERS.\n\n Whenever an agency takes an agency action limiting the use of \nprivate property, the agency shall give appropriate notice to the \nowners of that property directly affected explaining their rights under \nthis Act and the procedures for obtaining any compensation that may be \ndue to them under this Act.\n\nSEC. 9. RULES OF CONSTRUCTION.\n\n (a) Effect on Constitutional Right to Compensation.--Nothing in \nthis Act shall be construed to limit any right to compensation that \nexists under the Constitution or under other laws of the United States.\n (b) Effect of Payment.--Payment of compensation under this Act \n(other than when the property is bought by the Federal Government at \nthe option of the owner) shall not confer any rights on the Federal \nGovernment other than the limitation on use resulting from the agency \naction.\n\nSEC. 10. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``property'' means land and includes the right \n to use or receive water;\n (2) a use of property is limited by an agency action if a \n particular legal right to use that property no longer exists \n because of the action;\n (3) the term ``agency action'' has the meaning given that \n term in section 551 of title 5, United States Code, but also \n includes the making of a grant to a public authority \n conditioned upon an action by the recipient that would \n constitute a limitation if done directly by the agency;\n (4) the term ``agency'' has the meaning given that term in \n section 551 of title 5, United States Code;\n (5) the term ``specified regulatory law'' means--\n (A) section 404 of the Federal Water Pollution \n Control Act (33 U.S.C. 1344);\n (B) the Endangered Species Act of 1979 (16 U.S.C. \n 1531 et seq.);\n (C) title XII of the Food Security Act of 1985 (16 \n U.S.C. 3801 et seq.); or\n (D) with respect to an owner's right to use or \n receive water only--\n (i) the Act of June 17, 1902, and all Acts \n amendatory thereof or supplementary thereto, \n popularly called the ``Reclamation Acts'' (43 \n U.S.C. 371 et seq.);\n (ii) the Federal Land Policy Management Act \n (43 U.S.C. 1701 et seq.); or\n (iii) section 6 of the Forest and Rangeland \n Renewable Resources Planning Act of 1974 (16 \n U.S.C. 1604);\n (6) the term ``fair market value'' means the most probable \n price at which property would change hands, in a competitive \n and open market under all conditions requisite to a fair sale, \n between a willing buyer and a willing seller, neither being \n under any compulsion to buy or sell and both having reasonable \n knowledge of relevant facts, at the time the agency action \n occurs;\n (7) the term ``State'' includes the District of Columbia, \n Puerto Rico, and any other territory or possession of the \n United States; and\n (8) the term ``law of the State'' includes the law of a \n political subdivision of a State.\n\n Passed the House of Representatives March 3, 1995.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated. And (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited. Or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by US courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law. And (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.","title":"Private Property Protection Act of 1995","text_len":9038,"sum_len":1944} {"bill_id":"111_hr5546","text":"SECTION 1. MEDICARE FRAUD, WASTE, AND ABUSE PREVENTION SOLUTION.\n\n (a) Establishment.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary'') shall \n develop and implement a fraud, waste, and abuse comprehensive \n pre-payment review prevention system (in this section referred \n to as the ``Prevention System'') for reviewing claims for \n reimbursement under the Medicare Program under title XVIII of \n the Social Security Act (in this section referred to as the \n ``Medicare Program'').\n (2) Implementation.--The Secretary shall carry out the \n Prevention System acting through the Center for Program \n Integrity of the Centers for Medicare & Medicaid Services.\n (b) Selection of Claims Across All Provider Types.--The Prevention \nSystem shall cover all types of providers of services and suppliers \nunder the Medicare Program, but may be limited to a subset of claim \nsegments.\n (c) System Design Elements.--To the extent practicable, the \nPrevention System, shall--\n (1) be holistic;\n (2) be able to view and analyze all provider of services, \n supplier, and patient activities from multiple providers of \n services and suppliers under the Medicare Program;\n (3) be able to be integrated into the health care claims \n flow in existence as of the date of the enactment of this Act \n with minimal effort, time, and cost;\n (4) be designed to use technologies, including predictive \n modeling, that can utilize integrated near real-time \n transaction risk scoring and referral strategy capabilities to \n identify transactions, patterns, anomalies, and linkages that \n are statistically unusual or suspicious and can undertake \n analysis before payment is made and that prioritizes unusual or \n suspicious claims in terms of likelihood of potential fraud, \n waste, or abuse to more efficiently utilize investigative \n resources;\n (5) be designed to--\n (A) allow for ease of integration into multiple \n points along the claims flow under the Medicare Program \n (pre-adjudication and post-adjudication of such claims) \n in order to demonstratively show that the system ranks \n the likelihood of high-risk behavior patterns and of \n fraud, waste, or abuse; and\n (B) utilize experimental design methodology to \n monitor and measure the performance between the control \n treatments (which shall be the methods and assessments \n used as of the day before the date of the enactment of \n this Act to address fraud, waste, and abuse under the \n Medicare Program) and test treatments (which shall be \n the Prevention System identification of such fraud, \n waste, and abuse and actions taken pursuant to such \n system to address such fraud, waste, and abuse); and\n (6) be provided through competitively bid contracts using \n the Federal Acquisition Regulations.\n (d) System Operation.--\n (1) Scoring and near real-time analysis.--\n (A) In general.--The Prevention System shall \n identify high-risk Medicare claims by scoring all such \n claims in near real-time, prior to the Centers for \n Medicare & Medicaid Services making payment on such \n claims under the Medicare Program.\n (B) Use of scores.--The scores under subparagraph \n (A) shall be communicated to the fraud management \n system under subsection (f).\n (C) Near real-time analysis.--Under the Prevention \n System, the near real-time analysis of Medicare claims \n data shall be conducted in a manner that ensures--\n (i) prompt identification of fraud, waste, \n and abuse; and\n (ii) prompt payment of legitimate claims.\n (2) Predictive modeling.--The Prevention System shall \n involve the implementation of a statistically sound, \n empirically derived predictive modeling technology that is \n designed to prevent fraud, waste, and abuse (by identifying \n such fraud, waste, and abuse before payment is made under the \n Medicare Program on related claims). The Prevention System \n shall use a predictive model to identify fraud, waste, and \n abuse that is--\n (A) based on historical transaction data, from \n across all markets and regions available, to build and \n continuously re-develop scoring models that are capable \n of incorporating external data and external models from \n other sources into the predictive model; and\n (B) regularly updated, through the feedback loop \n under subsection (g), to provide information and \n incorporate data on reimbursement claims that is \n collected through the Prevention System, including \n information gathered through the investigation of \n claims for reimbursement under the Medicare Program \n that the system identifies as being potentially \n fraudulent, wasteful, or abusive.\n (3) Protections for patients and providers.--The \n identification of an unusual or suspect Medicare claim by the \n Prevention System shall--\n (A) not result in the denial of items or services \n to an individual under the Medicare Program until such \n claim is further reviewed by the Secretary; and\n (B) not result in a failure to comply with prompt \n payment requirements under applicable law.\n (4) Compliance with hipaa.--Any data collected, stored, or \n reviewed under the Prevention System shall be treated in a \n manner that is in accordance with the regulations promulgated \n under section 264(c) of the Health Insurance Portability and \n Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and any \n other applicable law.\n (e) Treatment of Data.--\n (1) In general.--The Prevention System shall be a high \n volume, rapid, near real-time information technology solution, \n which includes data pooling and scoring capabilities to quickly \n and accurately capture and evaluate data.\n (2) Data sources.--The Prevention System shall, for \n purposes of preventing fraud, waste, and abuse under the \n Medicare Program--\n (A) use data from claims for reimbursement under \n the Medicare Program contained in existing files of \n Medicare claims data, including the Common Working File \n of the Centers for Medicare & Medicaid Services; and\n (B) to the extent practicable, pool data from all \n available Government sources (including the Death \n Master File of the Social Security Administration).\n (3) Data storage.--The Prevention System shall be stored in \n an industry standard secure data environment that complies with \n applicable Federal privacy laws for use in building Medicare \n fraud, waste, and abuse prevention predictive models that have \n a comprehensive view of provider and supplier activity across \n all markets, geographic areas, and provider and supplier types.\n (f) Fraud Management System.--\n (1) In general.--The Prevention System shall utilize a \n fraud management system containing workflow management and \n workstation tools to provide the ability to systematically \n present score, reason codes, and treatment actions for high-\n risk scored transactions, as determined under subsection (d).\n (2) Review of claims.--The fraud management system under \n paragraph (1) shall ensure that analysts who review Medicare \n claims have the capability to access, review, and research \n claims efficiently, as well as decline or approve payments on \n claims in an automated manner.\n (g) Feedback Loop.--\n (1) In general.--The Prevention System shall utilize a \n feedback loop to gain access to outcome information on \n adjudicated Medicare claims so future system enhancements can \n utilize previous experience.\n (2) Purpose.--The purpose of the feedback loop under \n paragraph (1) is to--\n (A) enable the Secretary to measure--\n (i) the actual amount of fraud, waste, and \n abuse under the Medicare Program; and\n (ii) any savings to the Medicare Program \n resulting from implementation of the Prevention \n System; and\n (B) provide necessary data to develop future, \n enhanced models for use in the Prevention System.\n (3) Analysis of final claims status.--The feedback loop \n under paragraph (1) shall analyze data from all carriers to \n provide post-payment information about the eventual status of a \n Medicare claim as ``Normal'', ``Fraud'', ``Waste'', ``Abuse'', \n or ``Education required''.\n (h) Claims Review Prior to Payment.--\n (1) Review before payment.--Subject to paragraph (2), if a \n claim for reimbursement under the Medicare Program is selected \n for review under the Prevention System, the Secretary shall not \n make a payment on such claim until such claim has been reviewed \n under the system. In order to carry out this paragraph, the \n Secretary shall ensure that appropriate controls and technology \n are in place to assess and measure the effectiveness of the \n Prevention System, predictive models used under such system, \n and the overall strategy for Medicare claims review.\n (2) Timely review.--\n (A) In general.--The review of a claim under the \n Prevention System shall occur in a timely manner.\n (B) Application of prompt payment requirements.--\n The limitation on payment under paragraph (1) shall not \n interfere with the prompt payment of a Medicare claim \n in accordance with applicable law.\n (3) Manual review.--If automated technology presents a \n score, reason code, or treatment action for a claim that is \n scored as ``high-risk,'' the Prevention System shall provide \n for manual review of medical records related to such claim by \n both clinical and fraud investigators to ensure accuracy and \n mitigate false positive events.\n (4) Self-audit review.--The Secretary may use self-audit \n practices by providers and suppliers under the Prevention \n System in a manner such that once high-risk claims are \n identified through the predictive modeling, providers and \n suppliers are offered the opportunity to adjust or withdraw \n their claims.\n (5) Denial of payment for fraudulent claims.--Under the \n Prevention System, if automated technology of a claim under \n paragraph (3) and manual review under paragraph (4) confirm \n fraud has occurred, the Secretary may deny payment of such \n claim.\n (i) Annual Assessment Report.--\n (1) In general.--Not later than 2 years after the \n implementation of the Prevention System, the Secretary, through \n the Office of the Inspector General of the Department of Health \n and Human Services, shall submit to Congress a report on the \n implementation of such system.\n (2) Contents.--The report submitted under paragraph (1) may \n contain--\n (A) a detailed assessment of the Prevention \n System's success in identifying fraud, waste, and \n abuse;\n (B) the costs of operating the Prevention System; \n and\n (C) an analysis of the overall return on investment \n for the Prevention System.\n (j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary.\n (k) Expansion.--If the Secretary determines that the Prevention \nSystem results in savings to the Medicare Program, the Secretary shall \nexpand the project throughout Federal health programs, including the \nMedicaid Program under title XIX of the Social Security Act and the \nChildren's Health Insurance Program under title XXI of such Act.","summary":"Directs the Secretary of Health and Human Services (HHS) to develop and implement a fraud, waste, and abuse comprehensive prepayment review Prevention System for reviewing claims for reimbursement under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to carry out the system acting through the Center for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Requires the Prevention System to cover all types of providers and suppliers under the Medicare program, but allows it to be limited to a subset of claim segments. Requires the Prevention System to: (1) be a high volume, rapid, near real-time information technology solution which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data. (2) identify high-risk Medicare claims by scoring all such claims in near real-time before payment is made, (3) involve a statistically sound, empirically derived predictive modeling technology. And (4) utilize a fraud management system that presents score, reason codes, and treatment actions for high-risk scored transactions, and a feedback loop to gain access to outcome information on adjudicated Medicare claims. Prohibits the Secretary from making a payment on a claim selected for review until it has been reviewed under the System.","title":"To provide for the establishment of a fraud, waste, and abuse detection and mitigation program for the Medicare Program under title XVIII of the Social Security Act.","text_len":13209,"sum_len":1327} {"bill_id":"112_s3300","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Manhattan Project National \nHistorical Park Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Manhattan Project was an unprecedented top-secret \n program implemented during World War II to produce an atomic \n bomb before Nazi Germany;\n (2) a panel of experts convened by the President's Advisory \n Council on Historic Preservation in 2001--\n (A) stated that ``the development and use of the \n atomic bomb during World War II has been called `the \n single most significant event of the 20th century'''; \n and\n (B) recommended that nationally significant sites \n associated with the Manhattan Project be formally \n established as a collective unit and be administered \n for preservation, commemoration, and public \n interpretation in cooperation with the National Park \n Service;\n (3) the Manhattan Project National Historical Park Study \n Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary \n of the Interior, in consultation with the Secretary of Energy, \n to conduct a special resource study of the historically \n significant sites associated with the Manhattan Project to \n assess the national significance, suitability, and feasibility \n of designating 1 or more sites as a unit of the National Park \n System;\n (4) after significant public input, the National Park \n Service study found that ``including Manhattan Project-related \n sites in the national park system will expand and enhance the \n protection and preservation of such resources and provide for \n comprehensive interpretation and public understanding of this \n nationally significant story in the 20th century American \n history'';\n (5) the Department of the Interior, with the concurrence of \n the Department of Energy, recommended the establishment of a \n Manhattan Project National Historical Park comprised of \n resources at--\n (A) Oak Ridge, Tennessee;\n (B) Los Alamos, New Mexico; and\n (C) Hanford, in the Tri-Cities area, Washington; \n and\n (6) designation of a Manhattan Project National Historical \n Park as a unit of the National Park System would improve the \n preservation of, interpretation of, and access to the \n nationally significant historic resources associated with the \n Manhattan Project for present and future generations to gain a \n better understanding of the Manhattan Project, including the \n significant, far-reaching, and complex legacy of the Manhattan \n Project.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to preserve and protect for the benefit of present and \n future generations the nationally significant historic \n resources associated with the Manhattan Project;\n (2) to improve public understanding of the Manhattan \n Project and the legacy of the Manhattan Project through \n interpretation of the historic resources associated with the \n Manhattan Project;\n (3) to enhance public access to the Historical Park, \n consistent with protection of public safety, national security, \n and other aspects of the mission of the Department of Energy; \n and\n (4) to assist the Department of Energy, Historical Park \n communities, historical societies, and other interested \n organizations and individuals in efforts to preserve and \n protect the historically significant resources associated with \n the Manhattan Project.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Historical park.--The term ``Historical Park'' means \n the Manhattan Project National Historical Park established \n under section 5.\n (2) Manhattan project.--The term ``Manhattan Project'' \n means the Federal program to develop an atomic bomb ending on \n December 31, 1946.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.\n\n (a) Establishment.--Not later than 1 year after the date of \nenactment of this Act, there shall be established as a unit of the \nNational Park System the Manhattan Project National Historical Park.\n (b) Eligible Areas.--The Historical Park may be comprised of 1 or \nmore of the following areas or portions of the areas:\n (1) Oak ridge, tennessee.--Facilities, land, or interests \n in land that are--\n (A) at Buildings 9204-3 and 9731 at the Y-12 \n National Security Complex;\n (B) at the X-10 Graphite Reactor at the Oak Ridge \n National Laboratory;\n (C) at the K-25 Building site at the East Tennessee \n Technology Park; and\n (D) at the former Guest House located at 210 East \n Madison Road.\n (2) Los alamos, new mexico.--Facilities, land, or interests \n in land that are--\n (A) in the Los Alamos Scientific Laboratory \n National Historic Landmark District or any addition to \n the Landmark District proposed in the National Historic \n Landmark Nomination--Los Alamos Scientific Laboratory \n (LASL) NHL District (Working Draft of NHL Revision), \n Los Alamos National Laboratory document LA-UR 12-00387 \n (January 26, 2012);\n (B) at the former East Cafeteria located at 1670 \n Nectar Street; and\n (C) at the former dormitory located at 1725 17th \n Street.\n (3) Hanford, washington.--Facilities, land, or interests in \n land that are--\n (A) in the B Reactor National Historic Landmark;\n (B) at the Hanford High School in the town of \n Hanford and Hanford Construction Camp Historic \n District;\n (C) at the White Bluffs Bank building in the White \n Bluffs Historic District;\n (D) at the warehouse in the Bruggemann's \n Agricultural Complex;\n (E) at the Hanford Irrigation District Pump House; \n and\n (F) at the T Plant (221-T Process Building).\n\nSEC. 6. AGREEMENT.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Secretary and the Secretary of Energy (acting through \nthe Oak Ridge, Richland, and Los Alamos site offices) shall enter into \nan agreement governing the respective roles of the Secretary and the \nSecretary of Energy in administering the facilities, land, or interests \nin land under the administrative jurisdiction of the Department of \nEnergy that is to be included in the Historical Park, including \nprovisions for public access, management, interpretation, and historic \npreservation.\n (b) Responsibilities of the Secretary.--Any agreement under \nsubsection (a) shall provide that the Secretary shall--\n (1) have decisionmaking authority for the content of \n historic interpretation of the Manhattan Project for purposes \n of administering the Historical Park; and\n (2) ensure that the agreement provides an appropriate role \n for the National Park Service in preserving the historic \n resources covered by the agreement.\n (c) Responsibilities of the Secretary of Energy.--Any agreement \nunder subsection (a) shall provide that the Secretary of Energy--\n (1) shall ensure that the agreement appropriately protects \n public safety, national security, and other aspects of the \n ongoing mission of the Department of Energy at the Los Alamos \n National Laboratory, Hanford Site, and Oak Ridge Reservation;\n (2) may consult with and provide historical information to \n the Secretary concerning the Manhattan Project; and\n (3) shall retain responsibility, in accordance with \n applicable law, for any environmental remediation and \n structural safety that may be necessary in or around the \n facilities, land, or interests in land governed by the \n agreement.\n (d) Amendments.--The agreement under subsection (a) may be amended, \nincluding to add to the Historical Park facilities, land, or interests \nin land described in section 5(b) that are under the jurisdiction of \nthe Secretary of Energy.\n\nSEC. 7. PUBLIC PARTICIPATION.\n\n (a) In General.--The Secretary shall consult with interested State, \ncounty, and local officials, organizations, and interested members of \nthe public--\n (1) before executing any agreement under section 6; and\n (2) in the development of the general management plan under \n section 8(b).\n (b) Notice of Determination.--Not later than 30 days after the date \non which an agreement under section 6 is executed, the Secretary shall \npublish in the Federal Register notice of the establishment of the \nHistorical Park, including an official boundary map.\n (c) Availability of Map.--The official boundary map published under \nsubsection (b) shall be on file and available for public inspection in \nthe appropriate offices of the National Park Service.\n (d) Additions.--Any land, interest in land, or facility within the \neligible areas described in section 5(b) that is acquired by the \nSecretary or included in an amendment to the agreement under section \n6(d) shall be added to the Historical Park.\n\nSEC. 8. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the Historical Park \nin accordance with--\n (1) this Act; and\n (2) the laws generally applicable to units of the National \n Park System, including--\n (A) the National Park System Organic Act (16 U.S.C. \n 1 et seq.); and\n (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n seq.).\n (b) General Management Plan.--Not later than 3 years after the date \non which funds are made available to carry out this section, the \nSecretary, in consultation with the Secretary of Energy, shall complete \na general management plan for the Historical Park in accordance with \nsection 12(b) of Public Law 91-383 (commonly known as the ``National \nPark Service General Authorities Act'') (16 U.S.C. 1a-7(b)).\n (c) Interpretive Tours.--The Secretary may, subject to applicable \nlaw, provide interpretive tours of historically significant Manhattan \nProject sites and resources in the States of Tennessee, New Mexico, and \nWashington that are located outside the boundary of the Historical \nPark.\n (d) Land Acquisition.--\n (1) In general.--The Secretary may acquire land and \n interests in land within the eligible areas described in \n section 5(b) by--\n (A) transfer of administrative jurisdiction from \n the Department of Energy by agreement between the \n Secretary and the Secretary of Energy; or\n (B) purchase from willing sellers, donation, or \n exchange.\n (2) Facilities.--The Secretary may acquire land or \n interests in land in the vicinity of Historical Park for \n visitor and administrative facilities.\n (e) Donations; Cooperative Agreements.--\n (1) Federal facilities.--\n (A) In general.--The Secretary may enter into 1 or \n more agreements with the head of a Federal agency to \n provide public access to, and management, \n interpretation, and historic preservation of, \n historically significant Manhattan Project resources \n under the jurisdiction or control of the Federal \n agency.\n (B) Donations; cooperative agreements.--The \n Secretary may accept donations from, and enter into \n cooperative agreements with, State governments, units \n of local government, tribal governments, organizations, \n or individuals to further the purpose of an interagency \n agreement entered into under subparagraph (A).\n (2) Technical assistance.--The Secretary may provide \n technical assistance to State, local, or tribal governments, \n organizations, or individuals for the management, \n interpretation, and historic preservation of historically \n significant Manhattan Project resources not included within the \n Historical Park.\n (3) Donations to department of energy.--Part C of title VI \n of the Department of Energy Organization Act (42 U.S.C. 7251 et \n seq.) is amended by adding at the end the following:\n\n``SEC. 664. ACCEPTANCE OF GIFTS, BEQUESTS, AND DEVISES.\n\n ``The Secretary may accept, hold, administer, and use gifts, \nbequests, and devises (including labor and services), for the purpose \nof preserving and providing access to, historically significant \nresources relating to the Department.''.","summary":"Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee, Los Alamos, New Mexico. And Hanford, Washington. Directs the Secretary of the Interior and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under the DOE's jurisdiction to be included in the Park. Adds to the Park lands, interests in land, or facilities within the eligible areas which are acquired by the Secretary or are included in an amendment to the agreement. Requires the Secretary to develop a general management plan for the Park. Authorizes the Secretary to: (1) provide interpretive tours of historically significant Manhattan Project sites and resources in Tennessee, New Mexico, and Washington state that are located outside the boundary of the Park. And (2) enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Project resources under the agency's control.","title":"A bill to establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.","text_len":13582,"sum_len":1295} {"bill_id":"103_s1713","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Work Force Diversity Partnership Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the United States is becoming the most diverse work-\n place in the world at a time of growing economic \n dissatisfaction and intense global competition;\n (2) people of color, caucasian women, and immigrants will \n account for 85 percent of the net growth in our Nation's labor \n force during the 1990's;\n (3) the expectations, characteristics, demands, beliefs, \n work values, motivating factors and educational backgrounds of \n individuals in the work force are becoming increasingly \n diverse;\n (4) employees, managers, administrators and government \n officials are inadequately prepared to deal effectively with \n increased diversity in the work force;\n (5) increased domestic and international competition \n require that business, industry and government leaders \n effectively motivate and manage this diverse work force;\n (6) as more parents join the work force, it has become \n increasingly difficult for employees to balance the demands of \n the workplace with the needs of families; and\n (7) by understanding and valuing diversity which respects \n differences, employers emphasize creativity, self initiative, \n leadership, innovation, and team-work, and thereby improve the \n working conditions of all Americans and the chances for \n economic success.\n\nSEC. 3. PURPOSE.\n\n It is the purpose of this Act to establish a grant program within \nthe Department of Labor to--\n (1) study and address issues relating to work force and \n cultural diversity and their impact on economic \n competitiveness, employment opportunities, advancement and \n retention; and\n (2) develop collaborative public and private sector \n education and training materials that address the issues of \n work force and cultural diversity.\n\nSEC. 4. DEFINITIONS.\n\n As used in this Act--\n (1) Federal share.--\n (A) In general.--Except as provided in subparagraph \n (B), the term ``Federal share'' means 50 percent of the \n cost of each grant awarded under this Act.\n (B) Exception.--If the Secretary, after \n consultation with the peer review panel, determines \n that to do so will further the purposes of this Act, \n the Secretary may increase the amount of the Federal \n share.\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the same meaning given \n that term by section 1201(a) of the Higher Education Act of \n 1965 (20 U.S.C. 1141(a)).\n (3) Non-federal share.--\n (A) In general.--The term ``non-Federal share'' \n means the amount required to be expended by the \n recipient of a grant under this Act.\n (B) In-kind services.--Amounts available to pay the \n non-Federal share under this paragraph may include in-\n kind services or other resources.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n\nSEC. 5. WORK FORCE DIVERSITY GRANT PROGRAM.\n\n (a) Program Authorized.--The Secretary is authorized to award \ngrants to eligible entities to pay the Federal share of the cost of \nprograms established by such entities that are designed to--\n (1) target and develop issues relating to work force and \n cultural diversity;\n (2) develop public and private sector education and \n training materials that focus on the issues of work force and \n cultural diversity;\n (3) foster research, scholarship, innovative curriculum \n development, development of teaching materials, and other \n practicable supportive academic activities relating to such \n issues;\n (4) assist in the dissemination and transfer of such \n materials for use in private sector training efforts as they \n relate to issues of work force and cultural diversity; and\n (5) develop and establish cooperative higher education-\n business training programs to assist public and private \n industry leaders and workers in addressing the issue of work \n force diversity.\n (b) Requirement.--The Secretary shall ensure that the recipient of \na grant under this Act agrees to establish, operate, and provide the \nnon-Federal share of the cost of the work force diversity programs for \nwhich the grant is made.\n (c) Duration of Grant.--No grant awarded under this Act may be for \na period longer than 3 years.\n\nSEC. 6. GRANT RECIPIENT SELECTION.\n\n (a) Submission of Proposals.--To be eligible for a grant under this \nAct an entity shall prepare and submit to the Secretary a proposal, at \nsuch time, in such manner and containing such information as the \nSecretary may reasonably require.\n (b) Participants.--\n (1) In general.--An institution of higher education in \n partnership with one or more organizations described in \n paragraph (2), shall be eligible to receive a grant under this \n Act.\n (2) Organizations.--An organization referred to in \n paragraph (1) shall be--\n (A) a corporation, business, or partnership, \n whether for profit or nonprofit;\n (B) a labor organization; or\n (C) an organization that has a demonstrated \n interest or expertise in work force diversity issues.\n (e) Criteria for Selection.--\n (1) In general.--In determining whether to approve a \n proposal submitted under subsection (a), the Secretary shall \n take into account--\n (A) the extent to which the grant applicant \n demonstrates a potential to achieve one or more of the \n purposes of this Act;\n (B) the level of participation and financial \n commitment of the participants;\n (C) the likelihood that a proposed program will \n foster the creation of increased diversity awareness \n programs in other institutional environments;\n (D) the likelihood that the proposed program will \n result in the development and dissemination of national \n or regional best practices;\n (E) the extent to which the project will impact the \n international competitiveness of the United States \n economy; and\n (F) such other criteria as the Secretary may \n prescribe.\n (2) Faculty participation.--The Secretary shall encourage \n partnerships desiring to receive a grant under this Act to \n submit proposals that are written by teams of faculty from \n multiple disciplines, student and academic affairs \n professional, or student organizations concerned with \n multicultural education, or any combination thereof.\n (3) Priority.--In awarding grants under this Act, the \n Secretary shall give priority to grant proposals that \n demonstrate the availability of sufficient amounts of non-\n Federal contributions or resources from non-governmental \n entities.\n\nSEC. 7. AREAS OF ACTION.\n\n A recipient of a grant under this Act shall use amounts received \nunder such grant to engage in activities in accordance with one or more \nof the following guidelines:\n (1) The development of instructional material concerning \n efforts designed to address cultural and work force diversity \n issues within the workplace setting.\n (2) The development of public and private sector education \n and training materials that will address the issues of work \n force and cultural diversity.\n (3) The development of new approaches to work force \n diversity issues and scholarship efforts to be integrated \n within the curriculum of business schools, ethnic and women's \n studies, engineering schools, social science disciplines, \n humanities and the arts and sciences. In using grant funds \n under this paragraph, a grantee may employ approaches to be \n carried out in conjunction with corporate education and \n training programs.\n (4) The conduct of research concerning multicultural \n workplace interactions and team management and business in \n multicultural and multi-lingual marketplace settings.\n (5) The implementation of faculty development programs that \n focus on research, appropriate learning environments, and \n pedagogical approaches to teaching multicultural management and \n work diversity issues.\n (6) The development and dissemination of information \n concerning models for summer precollege business internship \n programs that aid in integrating the workplace and in giving \n students a better understanding of the private sector and of \n work force diversity issues.\n (7) The conduct of forums, workshops, and conferences in \n which representatives from academic, corporate, government, or \n other institutions with a demonstrated interest or expertise in \n work force diversity will focus on issues, attitudes and \n strategies that sensitize managers, employees, faculty, \n corporate, government and other leaders and workers to \n workplace diversity issues.\n (8) Any other activities that the Secretary determines to \n be appropriate to meet the purposes of this Act.\n\nSEC. 8. PEER REVIEW.\n\n To assist the Secretary in carrying out this Act, the Secretary \nshall establish peer review panels to review the merits of grant \nproposals proposed under this Act. In establishing such panels, the \nSecretary shall seek the widest participation of qualified individuals \nfrom participants, as defined in section 6(b). Each peer review panel \nshall report the findings and recommendations of the panel to the \nSecretary.\n\nSEC. 9. RECIPIENT REPORTS.\n\n Each recipient of a grant under this Act shall prepare and submit \nan annual report to the Secretary. Each such report shall include a \nsummary of the progress of the activities implemented under the grant \nto achieve the purposes of this Act, a summary of the expenditures \ninvolved, a plan describing the recipient's planned use of funds for \nthe forthcoming year, an explanation of the uses made of the results of \nthe grant program where appropriate, and any other information that the \nSecretary determines to be appropriate.\n\nSEC. 10. REPORT.\n\n The Secretary shall annually prepare and submit to the appropriate \ncommittees of Congress, a report that shall include an evaluation of \nthe progress made in achieving the purposes of this Act.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act, \n$10,000,000 for fiscal year 1994, and such sums as may be necessary for \neach of the fiscal years 1995 through 1998.","summary":"Work Force Diversity Partnership Act of 1993 - Authorizes the Secretary of Labor to award grants for public-private partnerships to encourage work force diversity through study of relevant issues and development of education and training materials and programs. Makes eligible for such grants institutions of higher education in partnership with for-profit or nonprofit corporations, businesses, or partnerships, labor organizations, or organizations with demonstrated interest or expertise in such issues. Gives priority to grant proposals demonstrating availability of sufficient amounts of non-Federal contributions, or resources from non-governmental entities. Requires peer review panels, recipient reports, and annual reports by the Secretary. Authorizes appropriations.","title":"Work Force Diversity Partnership Act of 1993","text_len":11529,"sum_len":776} {"bill_id":"113_hr3413","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``True Understanding of the Economy \nand Safety Act'' or the ``TRUE Safety Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the trucking industry is the backbone of the Nation's \n economy, with nearly 7 million Americans working in trucking-\n related jobs, including more than 3 million commercial truck \n drivers;\n (2) 80 percent of all communities in the United States \n depend solely on trucks to deliver and supply their essential \n everyday commodities;\n (3) Federal regulations governing the hours of service for \n commercial truck drivers must be based on full and fair \n scientific research, analysis, and operational testing;\n (4) the restart rule that became effective on July 1, 2013, \n was based mainly on a one-month sleep study conducted in a \n laboratory setting;\n (5) the new restart rule will cost the trucking industry up \n to $376,000,000 annually, reducing productivity, impacting \n driver pay, and increasing the cost to deliver goods; and\n (6) the restart rule should not have become effective prior \n to completion of the thorough operational study required by \n section 32301 of the Moving Ahead for Progress in the 21st \n Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786).\n\nSEC. 3. GAO ASSESSMENTS.\n\n (a) Assessment of Methodology for MAP-21 Restart Study.--\n (1) In general.--After completion of the field study and \n submission of the report regarding such study by the \n Administrator of the Federal Motor Carrier Safety \n Administration, required by section 32301 of MAP-21, the \n Comptroller General shall conduct an assessment of the \n methodology followed by the Secretary of Transportation in \n carrying out the efficacy of the restart rule published on \n December 27, 2011.\n (2) Purpose.--The purpose of the assessment shall be to \n assess the extent to which the methodology meets the \n requirement of MAP-21 that--\n (A) the data collected is representative of the \n drivers subject to the restart rule;\n (B) the methodology is statistically valid; and\n (C) the study followed the plan for the \n ``Scheduling and Fatigue Recovery Project'' developed \n by the Federal Motor Carrier Safety Administration.\n (b) Assessment of Regulatory Impact Analysis.--\n (1) In general.--The Comptroller General shall conduct an \n assessment of the Regulatory Impact Analysis that accompanied \n the final rule published by the Department of Transportation in \n the Federal Register on December 27, 2011, entitled ``Hours of \n Service of Drivers'' (76 Fed. Reg. 81134).\n (2) Purpose.--The purpose of the GAO assessment shall be--\n (A) to conduct an analysis of the methodology and \n data used by the Federal Motor Carrier Safety \n Administration in its Regulatory Impact Analysis;\n (B) to evaluate the validity and representativeness \n of the driver data used to evaluate the operational and \n economic impacts of the new 34-hour restart rule \n applicable to operators of commercial motor vehicles;\n (C) to conduct an analysis of the data and \n methodology used to develop the proposed safety and \n health benefits of the new 34-hour restart rule \n applicable to operators of commercial motor vehicles;\n (D) to review the safety, health, cost, and \n operational implications of the restart rule, and the \n potential impact of a greater number of commercial \n motor vehicles on major roads during ``morning \n commutes'' as a result of the restart rule; and\n (E) review the research used in developing and \n justifying the new restart rule, particularly as it \n relates to the use of a laboratory test to justify the \n rule rather than an operational test in the field.\n (c) Reports.--Not later than 1 year after the date of enactment of \nthis Act, the Comptroller General shall submit a final report to the \nappropriate committees of Congress on the assessments required under \nsubsections (a) and (b), including any recommendations.\n\nSEC. 4. DELAY IN APPLICATION OF RULE.\n\n (a) Delay in Application of Rule.--Effective as of the date of \nenactment of this Act, the restart rule published by the Department of \nTransportation in the Federal Register on December 27, 2011, shall have \nno force or effect until 6 months after the study report required by \nthis Act has been submitted to Congress.\n (b) Application of Previous Rule Provision.--For the period \nspecified under subsection (a), the 34-hour restart rule issued on \nApril 28, 2003 (68 Fed. Reg. 22456), shall be in effect.\n (c) December 2011 Rule.--The Secretary shall not apply the rule \ndescribed in subsection (a) if the conclusions of the operational study \ncompleted pursuant to MAP-21 do not support or concur with the \nconclusions of the laboratory study on which the rule was based.","summary":"True Understanding of the Economy and Safety Act or TRUE Safety Act - Directs the Comptroller General (GAO), after the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) reports to Congress on an hours of service field study, to assess the methodology followed by the Secretary of Transportation (DOT) in carrying out the efficacy of the restart rule published on December 27, 2011, which applies to operators of commercial motor vehicles of property subject to maximum DOT driving time requirements. Requires the assessment to evaluate the extent to which that methodology meets the requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that: (1) the data collected is representative of the drivers subject to the restart rule, (2) the methodology is statistically valid, and (3) the study followed the FMCSA plan for the quot, Scheduling and Fatigue Recovery Project. quot. Directs GAO to assess the Regulatory Impact Analysis that accompanied the final 2011 restart rule. Nullifies the 2011 restart rule until six months after the study report required by this Act has been submitted to Congress. Prohibits the Secretary from applying the restart rule if the conclusions of the field study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based.","title":"TRUE Safety Act","text_len":5479,"sum_len":1367} {"bill_id":"108_s2287","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Jean Lafitte National Historical \nPark and Preserve Boundary Adjustment Act of 2004''.\n\nSEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY \n ADJUSTMENT.\n\n (a) In General.--Section 901 of the National Parks and Recreation \nAct of 1978 (16 U.S.C. 230) is amended in the second sentence by \nstriking ``twenty thousand acres generally depicted on the map entitled \n`Barataria Marsh Unit-Jean Lafitte National Historical Park and \nPreserve' numbered 90,000B and dated April 1978,'' and inserting \n``23,000 acres generally depicted on the map entitled `Boundary Map, \nBarataria Preserve Unit, Jean Lafitte National Historical Park and \nPreserve', numbered 467\/80100, and dated August 2002,''.\n (b) Acquisition of Land.--Section 902 of the National Parks and \nRecreation Act of 1978 (16 U.S.C. 230a) is amended--\n (1) in subsection (a)--\n (A) by striking ``(a) Within the'' and all that \n follows through the first sentence and inserting the \n following:\n ``(a) In General.--\n ``(1) Barataria preserve unit.--\n ``(A) In general.--The Secretary may acquire any \n land, water, and interests in land and water within the \n boundary of the Barataria Preserve Unit, as depicted on \n the map described in section 901, by donation, purchase \n with donated or appropriated funds, transfer from any \n other Federal agency, or exchange.\n ``(B) Limitations.--\n ``(i) In general.--With respect to the \n areas on the map identified as `Bayou aux \n Carpes Addition' and `CIT Tract Addition'--\n ``(I) any Federal land acquired in \n the areas shall be transferred without \n consideration to the administrative \n jurisdiction of the National Park \n Service; and\n ``(II) any private land in the \n areas may be acquired by the Secretary \n only with the consent of the owner of \n the land.\n ``(ii) Easements.--Any Federal land in the \n area identified on the map as `CIT Tract \n Addition' that is transferred under clause \n (i)(I) shall be subject to any easements that \n have been agreed to by the Secretary and the \n Secretary of the Army.'';\n (B) in the second sentence, by striking ``The \n Secretary may also'' and inserting the following:\n ``(2) French quarter.--The Secretary may'';\n (C) in the third sentence, by striking ``Lands, \n waters, and interests therein'' and inserting the \n following:\n ``(3) Acquisition of state land.--Land, water, and \n interests in land and water''; and\n (D) in the fourth sentence, by striking ``In \n acquiring'' and inserting the following:\n ``(4) Acquisition of oil and gas rights.-- In acquiring'';\n (2) by striking subsections (b) through (f) and inserting \n the following:\n ``(b) Resource Protection.--With respect to the land, water, and \ninterests in land and water of the Barataria Preserve Unit, the \nSecretary shall preserve and protect--\n ``(1) fresh water drainage patterns;\n ``(2) vegetative cover;\n ``(3) the integrity of ecological and biological systems; \n and\n ``(4) water and air quality.''; and\n (3) by redesignating subsection (g) as subsection (c).\n (c) Hunting, Fishing, and Trapping.--Section 905 of the National \nParks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the \nfirst sentence by striking ``within the core area and on those lands \nacquired by the Secretary pursuant to section 902(c) of this title, \nhe'' and inserting ``the Secretary''.\n (d) Administration.--Section 906 of the National Parks and \nRecreation Act of 1978 (16 U.S.C. 230e) is amended--\n (1) by striking the first sentence; and\n (2) in the second sentence, by striking ``Pending such \n establishment and thereafter the'' and inserting ``The''.\n\nSEC. 3. REFERENCES IN LAW.\n\n (a) In General.--Any reference in a law (including regulations), \nmap, document, paper, or other record of the United States--\n (1) to the Barataria Marsh Unit shall be considered to be a \n reference to the Barataria Preserve Unit; or\n (2) to the Jean Lafitte National Historical Park shall be \n considered to be a reference to the Jean Lafitte National \n Historical Park and Preserve.\n (b) Conforming Amendments.--Title IX of the National Parks and \nRecreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--\n (1) by striking ``Barataria Marsh Unit'' each place it \n appears and inserting ``Barataria Preserve Unit''; and\n (2) by striking ``Jean Lafitte National Historical Park'' \n each place it appears and inserting ``Jean Lafitte National \n Historical Park and Preserve''.\n\n Passed the Senate September 15, 2004.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation. And (2) authorize the Secretary of the Interior to acquire any such additional land, water, and interests in land and water by donation, purchase, transfer from any other Federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to be transferred without consideration to the administrative jurisdiction of the National Park Service. Permits the acquisition of any private land in those Additions only with the owner's consent. Subjects any Federal land in the CIT Tract Addition to any easements that have been agreed to by the Secretary and the Secretary of the Army. Modifies andor eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons.","title":"A bill to adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes.","text_len":5736,"sum_len":1300} {"bill_id":"109_hr4016","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gulf Coast College Revitalization \nAct''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--The Congress finds the following:\n (1) Approximately 30 institutions of higher education in \n the Gulf Coast region, serving approximately 100,000 students, \n directly sustained damage from Hurricane Katrina.\n (2) The approximately 30 institutions of higher education \n in the Gulf Coast region impacted by Hurricane Katrina employed \n approximately 30,000 faculty, administrators, and staff.\n (3) Revitalizing institutions of higher education in the \n Gulf Coast region will be a vital element in attracting middle \n and upper income families back to the Gulf Coast region, and in \n ensuring sustained economic recovery to the region's lower \n income families.\n (4) Revitalizing the Gulf Coast economy will depend on \n providing a highly skilled workforce.\n (5) The return of qualified academic professionals and \n administrators is a vital element in the revitalization of \n affected institutions of higher education in the Gulf Coast \n region.\n (6) Students from throughout the Nation who attend \n institutions of higher education in the Gulf Coast region, and \n their families, contribute significantly to the local economy.\n (7) Many of the scientific, health, technology, and \n cultural industries of the Gulf Coast region are dependant on \n local institutions of higher education.\n (8) Hundreds of other institutions of higher education \n throughout America and their students are accommodating victims \n of the Gulf hurricane disasters.\n (b) Sense of Congress.--It is the sense of Congress that the \nassistance provided under this Act to revitalize affected institutions \nof higher education in the Gulf Coast region is a first step toward \nrevitalizing and restoring the economic, social, and cultural \nprosperity of the entire Gulf Coast region.\n\nSEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION.\n\n (a) Purpose.--The purpose of this section is to support affected \ninstitutions of higher education in their efforts to revitalize their \ncommunities following the Gulf hurricane disasters.\n (b) Program Authorized.--\n (1) Authority.--The Secretary shall award grants to \n institutions of higher education adversely affected by a Gulf \n hurricane disaster to assist the affected institutions in \n recruiting and retaining students and retaining faculty. The \n Secretary shall award grants under this Act as soon as \n possible, but no later than 6 months after the date of the \n enactment of this Act.\n (2) Duration; limitation.--Each grant awarded to an \n affected institution under this section shall be awarded for a \n period of 5 years, and may not be renewed. An affected \n institution may not receive more than one grant under this \n section.\n (3) Use of funds.--\n (A) Aid to students.--Not less than 50 percent of \n the funds made available by a grant under this section \n shall be used by an affected institution to provide \n need-based aid to students attending the affected \n institution for academic year 2005-2006, and each of \n the 4 succeeding academic years, for purposes of \n attracting new and returning students to enroll in such \n affected institution. Such need-based aid may include--\n (i) assisting enrolled students with \n tuition, fees, and textbook expenses;\n (ii) employing enrolled students to assist \n in rebuilding facilities of the affected \n institution;\n (iii) providing room and board assistance \n for enrolled students living on campus;\n (iv) attracting and retaining first-\n generation students, minority students, and \n other at-risk or underserved populations;\n (v) creating innovative work and study \n incentives for enrolled students; and\n (vi) any other aid deemed necessary by the \n institution and approved by the Secretary.\n (B) Incentives for faculty.--Not more than 50 \n percent of the funds made available by a grant under \n this section shall be used by an affected institution \n to provide incentives for faculty employed by an \n affected institution to remain in the Gulf Coast region \n at such affected institution or, if such affected \n institution is unable to continue to employ such \n faculty, at another affected institution. Such \n incentives may include--\n (i) employing returning faculty to assist \n in rebuilding facilities of the affected \n institution;\n (ii) developing and providing temporary \n housing for returning faculty and their \n dependents who have been displaced from their \n homes;\n (iii) continuing salaries and health \n benefits for returning faculty for up to one \n year;\n (iv) providing tuition assistance for \n returning faculty and their dependents;\n (v) creating innovative work and research \n incentives for returning faculty; and\n (vi) any other incentives deemed necessary \n by the institution and approved by the \n Secretary.\n (C) Institutional promotion.--Not more than 5 \n percent of the funds made available by a grant under \n this section shall be used by an affected institution \n to promote the institution at job and college fairs, \n and through the media.\n (4) Prevailing wages.--Wages paid, for purposes of \n rebuilding an affected institution's facilities under paragraph \n (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in \n whole or in part with grant funds received under this section \n for employment as laborers, mechanics, or service employees \n shall be paid at rates not less than those prevailing in the \n locality as determined by the Secretary of Labor in accordance \n with sections 3141, 3142, and 3145 of title 40, United States \n Code or section 351 of title 41, United States Code, as the \n case may be. Notwithstanding any other provision of law, the \n requirements of this paragraph shall not be waived or \n suspended.\n (c) Applications.--An institution of higher education desiring a \ngrant under this section shall submit an application to the Secretary \nwithin 90 days of the date of enactment of this Act, in such manner, \nand accompanied by such information as the Secretary may require. Each \napplication shall--\n (1) demonstrate that the institution is an affected \n institution as defined in section 6;\n (2) specify the amount of grant funds requested;\n (3) demonstrate the need of the institution for such grant \n by including in the application--\n (A) evidence that, as a result of a Gulf hurricane \n disaster, the institution suffered a direct and \n significant economic impact and a decline in student \n enrollment, hindering the institution's ability to \n continue full operation;\n (B) evidence that, as a result of a Gulf hurricane \n disaster, the institution lost resources necessary to \n retain faculty, hindering the institution's ability to \n continue full operation;\n (C) an assessment of damage to the infrastructure \n of the institution as a result of a Gulf hurricane \n disaster;\n (D) information regarding additional needs created \n by a Gulf hurricane disaster; and\n (E) other relevant data; and\n (4) contain a description of the institution's plan to \n carry out the purposes of this section.\n (d) Priority.--The Secretary shall give priority in awarding grants \nunder this section to affected institutions most in need, as determined \nby the Secretary.\n (e) Reporting Requirements; Reviews.--\n (1) Reports.--Each affected institution receiving a grant \n under this section shall report to the Secretary no later than \n September 30 of each year of the 5-year period for which the \n grant is awarded.\n (2) Contents.--The report shall include--\n (A) data on the populations served under this \n section;\n (B) a description of the use of the grant funds \n received under this section, including a description of \n programs developed with such funds;\n (C) a financial statement accounting for the use of \n the grant funds; and\n (D) data on the impact of the grant on enrollment \n and retention at the institution, including data on the \n numbers and percentages of new and returning students, \n and the number and percentage of faculty that have been \n retained.\n (3) Reviews.--The Secretary shall conduct periodic reviews \n to ensure that grant funds are being properly managed, and that \n the programs using such funds are achieving their intended \n outcomes.\n (f) Availability of Funds.--There shall be available to the \nSecretary to carry out this section, from funds not otherwise \nappropriated, $3,000,000,000 for fiscal year 2006, which shall remain \navailable through fiscal year 2010.\n\nSEC. 4. LOAN FORGIVENESS.\n\n (a) Statement of Purpose.--The purpose of this section is to \nencourage students to continue attending, and to earn degrees from, \naffected institutions of higher education.\n (b) Program Authorized.--The Secretary shall carry out a program, \nthrough the holder of the loan, of assuming the obligation to repay a \nqualified loan amount for a loan made under part B of title IV of the \nHigher Education Act of 1965 (20 U.S.C. 1040), and of canceling the \nobligation to repay a qualified loan amount for a loan made under part \nD or E of such title IV, in accordance with subsection (c), for any \nborrower, who--\n (1) returns to or enrolls in an affected institution of \n higher education in academic year 2005-2006, 2006-2007, or \n 2007-2008;\n (2) obtains an associate's degree or a bachelor's degree \n from such institution; and\n (3) is not in default on a loan for which the borrower \n seeks forgiveness.\n (c) Qualified Loan Amount.--\n (1) Associate's degree.--Upon completion of an associate's \n degree from an affected institution, the Secretary shall \n repay--\n (A) in the case of a full-time student, $2,500 for \n each academic year of enrollment at such affected \n institution; or\n (B) in the case of a student enrolled less than \n full-time, $2,500 for the equivalent of one academic \n year of enrollment as a full-time student at such \n affected institution, as determined by the Secretary;\n not to exceed $5,000.\n (2) Bachelor's degree.--Upon completion of a bachelor's \n degree from an affected institution, the Secretary shall \n repay--\n (A) in the case of a full-time student, $2,500 for \n each academic year of enrollment at such affected \n institution; or\n (B) in the case of a student enrolled less than \n full-time, $2,500 for the equivalent of one academic \n year of enrollment as a full-time student at such \n affected institution, as determined by the Secretary;\n not to exceed $10,000.\n (3) Limitation.--The Secretary shall repay not more than \n the total outstanding federal loan obligation of the student, \n or $10,000, whichever is less.\n (4) Prevention of abuse.--The Secretary is authorized to \n issue such regulations as may be necessary to prevent borrowers \n from receiving repayment under this section for an excessive \n period of enrollment in comparison to the enrollment period \n which the Secretary determines is appropriate to obtain an \n associate's or a bachelor's degree.\n (5) Academic year of enrollment.--For the purpose of \n calculating loan repayment under this section, the term \n ``academic year of enrollment'' means the academic year in \n which an affected institution reopens, or any subsequent \n academic year.\n (d) Priority.--The Secretary shall give priority in awarding grants \nunder this section to students most in need, as determined by the \nSecretary.\n (e) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n (f) Availability of Funds.--There shall be available to the \nSecretary to carry out this section, from funds not otherwise \nappropriated, $1,600,000,000 for fiscal year 2006, which shall remain \navailable through fiscal year 2013.\n\nSEC. 5. REGULATIONS.\n\n The Secretary is authorized to issue such regulations as may be \nnecessary to carry out the provisions of this Act.\n\nSEC. 6. EMERGENCY DESIGNATIONS.\n\n Sections 3 and 4 of this Act are designated as emergency \nrequirements pursuant to section 402 of H. Con. Res. 95 (109th \nCongress).\n\nSEC. 7. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Affected institution.--The term ``affected \n institution'' means an institution of higher education (as \n defined in section 102 of the Higher Education Act of 1965 (20 \n U.S.C. 1002))--\n (A) located in an area affected by a Gulf hurricane \n disaster; and\n (B) that was forced to close, relocate, or \n significantly curtail its activities as a result of \n damage directly sustained by a Gulf hurricane disaster.\n (2) Faculty.--The term ``faculty'' means academic \n professionals, administrators, and staff employed by an \n affected institution--\n (A) in the case of an institution located in an \n area affected by Hurricane Katrina, as of August 29, \n 2005; or\n (B) in the case of an institution located in an \n area affected by Hurricane Rita, as of September 24, \n 2005.\n (3) Gulf hurricane disaster.--The term ``Gulf hurricane \n disaster'' means a major disaster that the President declared \n to exist, in accordance with section 401 of the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act (42 \n U.S.C. 5170), and that was caused by Hurricane Katrina or \n Hurricane Rita.\n (4) Area affected by a gulf hurricane disaster.--The term \n ``area affected by a Gulf hurricane disaster'' means a county \n or parish, in an affected State, that has been designated by \n the Federal Emergency Management Agency for disaster assistance \n for individuals and households as a result of Hurricane Katrina \n or Hurricane Rita.\n (5) Affected state.--The term ``affected State'' means the \n State of Alabama, Louisiana, Mississippi, or Texas.","summary":"Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. Directs the Secretary to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 2005\u00962006, 2006\u00962007, or 2007\u00962008, and obtain associate\u0092s or bachelor\u0092s degrees from such IHEs. Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress.","title":"To provide assistance to revitalize institutions of higher education affected by the Gulf hurricane disasters.","text_len":16555,"sum_len":1090} {"bill_id":"109_s376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intermodal Shipping Container \nSecurity Act''.\n\nSEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.\n\n In carrying out section 114(f) of title 49, United States Code, the \nUnder Secretary of Homeland Security for Border and Transportation \nSecurity shall take into account the National Maritime Transportation \nSecurity Plan prepared under section 70103 of title 46, United States \nCode, by the Secretary of the department in which the Coast Guard is \noperating when the plan is prepared in order to ensure that the \nstrategy for dealing with threats to transportation security developed \nunder section 114(f)(3) of title 49, United States Code, incorporates \nrelevant aspects of the National Maritime Transportation Security Plan \nand addresses all modes of commercial transportation to, from, and \nwithin the United States.\n\nSEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER \n SECURITY.\n\n (a) Strategic Plan.--\n (1) In general.--Within 180 days after the date of \n enactment of this Act, the Secretary of Homeland Security shall \n submit to the Senate Committee on Commerce, Science, and \n Transportation and the House of Representatives Committee on \n Transportation and Infrastructure a strategic plan for \n integrating security for all modes of transportation by which \n intermodal shipping containers arrive, depart, or move in \n interstate commerce in the United States that--\n (A) takes into account the security-related \n authorities and missions of all Federal, State, and \n local law enforcement agencies that relate to the \n movement of intermodal shipping containers via air, \n rail, maritime, or highway transportation in the United \n States; and\n (B) establishes as a goal the creation of a \n comprehensive, integrated strategy for intermodal \n shipping container security that encompasses the \n authorities and missions of all those agencies and sets \n forth specific objectives, mechanisms, and a schedule \n for achieving that goal.\n (2) Updates.--The Secretary shall revise the plan from time \n to time.\n (b) Identification of Problem Areas.--In developing the strategic \nplan required by subsection (a), the Secretary shall consult with all \nFederal, State, and local government agencies responsible for security \nmatters that affect or relate to the movement of intermodal shipping \ncontainers via air, rail, maritime, or highway transportation in the \nUnited States in order to--\n (1) identify changes, including legislative, regulatory, \n jurisdictional, and organizational changes, necessary to \n improve coordination among those agencies;\n (2) reduce overlapping capabilities and responsibilities; \n and\n (3) streamline efforts to improve the security of such \n intermodal shipping containers.\n (c) Establishment of Steering Group.--The Secretary shall \nestablish, organize, and provide support for an advisory committee, to \nbe known as the Senior Steering Group, of senior representatives of the \nagencies described in subsection (c). The Group shall meet from time to \ntime, at the call of the Secretary or upon its own motion, for the \npurpose of developing solutions to jurisdictional and other conflicts \namong the represented agencies with respect to the security of \nintermodal shipping containers, improving coordination and information-\nsharing among the represented agencies, and addressing such other, \nrelated matters, as the Secretary may request.\n (d) Annual Report.--The Secretary, after consulting the Senior \nSteering Group, shall submit an annual report to the Senate Committee \non Commerce, Science, and Transportation and the House of \nRepresentatives Committee on Transportation and Infrastructure \ndescribing the activities of the Senior Steering Group and the \nSecretary under this section, describing the progress made during the \nyear toward achieving the objectives of the plan, and including any \nrecommendations, including legislative recommendations, if appropriate \nfor further improvements in dealing with security-issues related to \nintermodal shipping containers and related transportation security \nissues.\n (e) Biennial Expert Critique.--\n (1) Expert panel.--A panel of experts shall be convened \n once every 2 years by the Senate Committee on Commerce, \n Science, and Transportation and the House of Representatives \n Committee on Transportation and Infrastructure to review plans \n submitted by the Secretary under subsection (a).\n (2) Membership.--The panel shall consist of--\n (A) 4 individuals selected by the chairman and \n ranking member of the Senate Committee on Commerce, \n Science, and Transportation and by the chairman and \n ranking member of House of Representatives Committee on \n Transportation and Infrastructure, respectively; and\n (B) 1 individual selected by the 4 individuals \n selected under subparagraph (A).\n (3) Qualifications.--Individuals selected under paragraph \n (2) shall be chosen from among individuals with professional \n expertise and experience in security-related issues involving \n shipping or transportation and without regard to political \n affiliation.\n (4) Compensation and expenses.--An individual serving as a \n member of the panel shall not receive any compensation or other \n benefits from the Federal Government for serving on the panel \n or be considered a Federal employee as a result of such \n service. Panel members shall be reimbursed by the Committees \n for expenses, including travel and lodging, they incur while \n actively engaged in carrying out the functions of the panel.\n (5) Function.--The panel shall review plans submitted by \n the Secretary under subsection (a), evaluate the strategy set \n forth in the plan, and make such recommendations to the \n Secretary for modifying or otherwise improving the strategy as \n may be appropriate.\n\nSEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.\n\n (a) In General.--Chapter 701 of title 46, United States Code, is \namended--\n (1) by redesignating section 70117 as section 70118; and\n (2) by inserting after section 70116 the following:\n``Sec. 70117. Enhanced container-related security measures.\n ``(a) Tracking Intermodal Container Shipments in the United \nStates.--The Secretary, in cooperation with the Under Secretary of \nBorder and Transportation Security, shall develop a system to increase \nthe number of intermodal shipping containers physically inspected \n(including noninstrusive inspection by scanning technology), monitored, \nand tracked within the United States.\n ``(b) Smart Box Technology.--Under regulations to be prescribed by \nthe Secretary, beginning with calendar year 2007 no less than 50 \npercent of all ocean-borne shipping containers entering the United \nStates during any calendar year shall incorporate `Smart Box' or \nequivalent technology developed, approved, or certified by the Under \nSecretary of Homeland Security for Border and Transportation Security.\n ``(c) Development of International Standard for Smart Containers.--\nThe Secretary shall--\n ``(1) develop, and seek international acceptance of, a \n standard for `smart' maritime shipping containers that \n incorporate technology for tracking the location and assessing \n the integrity of those containers as they move through the \n intermodal transportation system; and\n ``(2) implement an integrated tracking and technology \n system for such containers.\n ``(d) Report.--Within 1 year after the date of enactment of the \nIntermodal Shipping Container Security Act, the Secretary shall \ntransmit to the Senate Committee on Commerce, Science, and \nTransportation and the House of Representatives Committee on \nTransportation and Infrastructure a report that contains--\n ``(1) a cost analysis for implementing this section; and\n ``(2) a strategy for implementing the system described in \n subsection (c)(3).''.\n (b) Conforming Amendment.--The chapter analysis for chapter 701 of \ntitle 46, United States Code, is amended by striking the item relating \nto section 70117 and inserting the following:\n\n``70117. Enhanced container-related security measures.\n``70118. Civil penalties.''.\n\nSEC. 5. ADDITIONAL RECOMMENDATIONS.\n\n Within 180 days after the date of enactment of this Act, the \nSecretary of Homeland Security shall submit to the Senate Committee on \nCommerce, Science, and Transportation and the House of Representatives \nCommittee on Transportation and Infrastructure a report that contains \nthe following:\n (1) Recommendations about what analysis must be performed \n and the cost to develop and field a cargo container tracking \n and monitoring system within the United States which tracks all \n aviation, rail, maritime, and highway cargo containers equipped \n with smart container technology.\n (2) Recommendations on how the Department of Homeland \n Security could help support the deployment of such a system.\n (3) Recommendations as to how current efforts by the \n Department of Homeland Security and other Federal agencies \n could be incorporated into the physical screening or inspection \n of aviation, rail, maritime, and highway cargo containers \n within the United States.\n (4) Recommendations about operating systems and standards \n for those operating systems, to support the tracking of \n aviation, rail, maritime, and highway cargo containers within \n the United States that would include the location of regional, \n State, and local operations centers.\n (5) A description of what contingency actions, measures, \n and mechanisms should be incorporated in the deployment of a \n nationwide aviation, rail, maritime, and highway cargo \n containers tracking and monitoring system which would allow the \n United States maximum flexibility in responding quickly and \n appropriately to increased terrorist threat levels at the \n local, State, or regional level.\n (6) A description of what contingency actions, measures, \n and mechanisms must be incorporated in the deployment of such a \n system which would allow for the quick reconstitution of the \n system in the event of a catastrophic terrorist attack which \n affected part of the system.\n (7) Recommendations on how to leverage existing information \n and operating systems within State or Federal agencies to \n assist in the fielding of the system.\n (8) Recommendations on co-locating local, State, and \n Federal agency personnel to streamline personnel requirements, \n minimize costs, and avoid redundancy.\n (9) An initial assessment of the availability of private \n sector resources which could be utilized, and incentive systems \n developed, to support the fielding of the system, and the \n maintenance and improvement as technology or terrorist threat \n dictate.\n (10) Recommendations on how this system that is focused on \n the continental United States would be integrated into any \n existing or planned system, or process, which is designed to \n monitor the movement of cargo containers outside the \n continental United States.\n\nSEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.\n\n (a) In General.--Within 90 days after the date of enactment of this \nAct, the Secretary of Homeland Security shall submit a report to the \nSenate Committee on Commerce, Science, and Transportation and the House \nof Representatives Committee on Transportation and Infrastructure that \nprovides a preliminary plan for strengthening the Bureau of Customs and \nBorder Protection's container targeting system. The plan shall identify \nthe cost and feasibility of requiring additional non-manifest \ndocumentation for each container, including purchase orders, shipper's \nletters of instruction, commercial invoices, letters of credit, or \ncertificates of origin.\n (b) Reduction of Manifest Revision Window.--Within 60 days after \nthe date of enactment of this Act, the Secretary of Homeland Security \nshall issue regulations under which the time period for revisions to a \ncontainer cargo manifest submitted to the Bureau of Customs and Border \nProtection shall be reduced from 60 days to 45 days after arrival at a \nUnited States port.\n (c) Supply Chain Information.--Within 180 days after the date of \nenactment of this Act, the Secretary of Homeland Security shall develop \na system to share threat and vulnerability information with all of the \nindustries in the supply chain that will allow ports, carriers, and \nshippers to report on security lapses in the supply chain and have \naccess to unclassified maritime threat and security information such as \npiracy incidents.\n\nSEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS.\n\n (a) In General.--The Secretary of Homeland Security shall \nsubstantially increase the number of United States Customs Service \ninspectors assigned to duty outside the United States under the \nContainer Security Initiative of the United States Customs Service with \nresponsibility for inspecting intermodal shipping containers being \nshipped to the United States.\n (b) Staffing Criteria.--In carrying out subsection (a) the \nSecretary of Homeland Security shall determine the appropriate level \nfor assignment and density of customs inspectors at selected \ninternational port facilities by a threat, vulnerability, and risk \nanalysis which, at a minimum, considers--\n (1) the volume of containers shipped;\n (2) the ability of the host government to assist in both \n manning and providing equipment and resources;\n (3) terrorist intelligence known of importer vendors, \n suppliers or manufactures; and\n (4) other criteria as determined in consult with experts in \n the shipping industry, terrorism, and shipping container \n security.\n (c) Minimum Number.--The total number of customs inspectors \nassigned to international port facilities shall not be less than the \nnumber determined as a result of the threat, vulnerability, and risk \nassessment analysis which is validated by the Administrator of the \nTransportation Security Administration within 180 days after the date \nof enactment of this Act.\n (d) Plan.--The Secretary shall submit a plan to the Senate \nCommittee on Commerce, Science, and Transportation and the House of \nRepresentatives Committee on Transportation and Infrastructure, with \ntimelines, for phasing inspectors into selected port facilities within \n180 days after the enactment of this Act.\n\nSEC. 8. RANDOM INSPECTION OF CONTAINERS.\n\n (a) In General.--The Under Secretary of Homeland Security for \nBorder and Transportation Security shall develop and implement a plan \nfor random inspection of shipping containers in addition to any \ntargeted or pre-shipment inspection of such containers required by law \nor regulation or conducted under any other program conducted by the \nUnder Secretary.\n (b) Civil Penalty for Erroneous Manifest.--\n (1) In general.--Except as provided in paragraph (2), if \n the Under Secretary determines on the basis of an inspection \n conducted under subsection (a) that there is a discrepancy \n between the contents of a shipping container and the manifest \n for that container, the Under Secretary may impose a civil \n penalty of not more than $1,000 for the discrepancy.\n (2) Manifest discrepancy reporting.--The Under Secretary \n may not impose a civil penalty under paragraph (1) if a \n manifest discrepancy report is filed with respect to the \n discrepancy within the time limits established by Customs \n Directive No. 3240-067A (or any subsequently issued directive \n governing the matters therein) for filing a manifest \n discrepancy report.\n D23\/","summary":"Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected , monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate Smart Box or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. (2) issue regulations reducing from 60 days to 45 days after arrival at a US port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection. (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain. And (4) substantially increase under the Container Security Initiative the number of US Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.","title":"A bill to improve intermodal shipping container transportation security.","text_len":16791,"sum_len":2210} {"bill_id":"115_s3074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Focus on Children Act''.\n\nSEC. 2. STUDIES AND REPORTS OF THE CONGRESSIONAL BUDGET OFFICE RELATING \n TO THE IMPACT OF LEGISLATION ON SPENDING ON CHILDREN.\n\n Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C. \n602(g)) is amended--\n (1) in the heading, by inserting ``and Reports to \n Congress'' after ``Studies''; and\n (2) by adding at the end the following:\n ``(3) Spending on children studies and reports.--\n ``(A) Definitions.--In this paragraph--\n ``(i) the term `budget of the President' \n means the budget of the President submitted to \n Congress under section 1105(a) of title 31, \n United States Code;\n ``(ii) the term `child' means an individual \n under 19 years of age;\n ``(iii) the term `key indicator' includes \n information relating to the outlays described \n in subclause (I), (II), (III), or (IV) of \n clause (iv); and\n ``(iv) the term `spending on children' \n includes--\n ``(I) outlays under an entitlement \n authority that go directly to children;\n ``(II) outlays for a Federal \n program or initiative that, consistent \n with the mission of the program or \n initiative, delivers services \n exclusively to children;\n ``(III) outlays for a Federal \n program or initiative that, while not \n serving children directly, has as a \n core mission goal the improvement of \n the health, education, welfare, or \n general well-being of children; and\n ``(IV) for a Federal program or \n initiative that delivers services to \n both children and adults, the portion \n of outlays under the program or \n initiative attributable to providing \n benefits for children, based on the \n best available data.\n ``(B) Studies.--At the request of the Chairman or \n Ranking Member of a committee of the Senate or the \n House of Representatives, the Director shall, to the \n extent practicable, conduct a study of a bill, joint \n resolution, amendment, amendment between the Houses, or \n conference report containing changes in spending on \n children.\n ``(C) Annual reports on spending.--Not later than \n 15 days after the last day of each fiscal year, the \n Director shall submit to Congress a report that \n includes--\n ``(i) information and data regarding \n spending on children under appropriation Acts, \n including continuing resolutions, for that \n fiscal year;\n ``(ii) information and data regarding \n spending on children under an entitlement \n authority for that fiscal year;\n ``(iii) the share of Federal spending that \n constitutes spending on children under \n appropriation Acts, including continuing \n resolutions, for that fiscal year; and\n ``(iv) the share of Federal spending that \n constitutes spending on children under an \n entitlement authority for that fiscal year.\n ``(D) Annual reports on the budget of the \n president.--Not later than 15 days after the date on \n which the President submits to Congress the budget of \n the President for a fiscal year, the Director shall \n submit to Congress a report on the budget of the \n President that includes, for the prior fiscal year, the \n current fiscal year, the fiscal year for which the \n budget of the President is submitted, and the ensuing \n fiscal year--\n ``(i) a summary of the total amount of the \n appropriations or new obligational authority \n and outlays requested for spending on children;\n ``(ii) an estimate of the level of spending \n on children;\n ``(iii) an estimate of the share of Federal \n spending that constitutes spending on children; \n and\n ``(iv) an estimate of the date on which \n Federal spending on children will be less than \n outlays for interest on the public debt.\n ``(E) Warning reports.--\n ``(i) In general.--At the discretion of the \n Director, the Director may provide a warning \n report to Congress regarding a fiscal year in \n which outlays for interest on the public debt \n will exceed spending on children.\n ``(ii) Contents of warning reports.--The \n Director may include in a report issued under \n clause (i) a list of possible budgetary options \n that may be used by Congress in order to \n prevent such an imbalance between outlays for \n interest on the public debt and spending on \n children.\n ``(F) Open data and transparency.--\n ``(i) In general.--The Director shall \n publish all of the reports and studies required \n under this paragraph in a publicly accessible \n format, including through--\n ``(I) the dashboard described in \n clause (ii); and\n ``(II) the open data portal \n described in clause (iii).\n ``(ii) Dashboard.--The Director shall \n develop and maintain on an Internet website \n available to the public a tool (commonly \n referred to as a `dashboard') that--\n ``(I) highlights the key indicators \n identified in the reports and studies \n required under this paragraph; and\n ``(II) uses visualization tools to \n assist the public in understanding \n trends in spending on children over \n periods of time.\n ``(iii) Open data portal.--The Director \n shall develop and maintain an Internet website \n available to the public that--\n ``(I) provides raw quantitative \n data relating to spending on children \n contained in reports and studies \n required under this paragraph;\n ``(II) provides that data in a \n widely-accessible file format that \n allows the public to analyze the data; \n and\n ``(III) categorizes that data by \n budget account.''.","summary":"Focus on Children Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to produce studies and reports regarding federal spending on children. The CBO must provide: studies of legislation containing changes in spending on children, upon the request of a congressional committee, an annual report regarding spending on children. And an annual report on the President's budget request for spending on children. The CBO may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. The CBO must also develop and maintain a public website that includes: the reports and studies required by this bill, a dashboard containing key indicators and visualization tools to assist the public in understanding trends in spending on children, and an open data portal that contains quantitative data on federal spending on children.","title":"Focus on Children Act","text_len":8509,"sum_len":956} {"bill_id":"104_hr3856","text":"SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL \n SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL-\n RELATED GROUPS.\n\n (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. \n1395ww) is amended by adding at the end the following new subsection:\n ``(j) Prospective Payment for Inpatient Rehabilitation Services.--\n ``(1) In general.--Notwithstanding section 1814(b), but \n subject to the provisions of section 1813, the amount of the \n payment with respect to the operating and capital costs of \n inpatient hospital services of a rehabilitation hospital or a \n rehabilitation unit (in this subsection referred to as a \n `rehabilitation facility') for a discharge is equal to the per \n discharge payment rate established under this subsection.\n ``(2) Functional-related groups.--\n ``(A) Establishment.--The Secretary shall \n establish--\n ``(i) classes of discharges of \n rehabilitation facilities by functional-related \n groups (each in this subsection referred to as \n a `functional-related group' or `FRG'), based \n on impairment, age, and functional capability \n of the discharged individual and such other \n factors as the Secretary deems appropriate, and\n ``(ii) a method of classifying specific \n discharges from rehabilitation facilities \n within these groups.\n ``(B) Weighting factors.--For each functional-\n related group the Secretary shall assign an appropriate \n weighting which reflects the relative facility \n resources used with respect to discharges classified \n within that group compared to discharges classified \n within other groups.\n ``(C) Adjustments.--The Secretary shall from time \n to time adjust the classifications and weighting \n factors established under this paragraph as appropriate \n to correct for forecast errors and to reflect changes \n in treatment patterns, technology, and other factors \n which may affect the relative use of resources.\n ``(3) Payment rate.--\n ``(A) In general.--The Secretary shall determine a \n prospective payment rate for each rehabilitation \n facility discharge for which such rehabilitation \n facility is entitled to receive payment under this \n title. Subject to subparagraph (B), such rate for \n discharges during a fiscal year shall be based on the \n average payment per discharge under this title for \n inpatient operating and capital costs of rehabilitation \n facilities in fiscal year 1995 (as estimated by the \n Secretary) adjusted--\n ``(i) by updating such per-discharge amount \n to the fiscal year involved by the applicable \n percentage increases provided under subsection \n (b)(3)(B)(i) for each year after fiscal year \n 1995 and up to the fiscal year involved;\n ``(ii) by reducing such rates by a factor \n equal to the proportion of payments under this \n subsection (as estimated by the Secretary) \n based on FRG prospective payment amounts which \n are additional payments described in paragraph \n (4) (relating to outlier and related payments) \n or paragraph (7);\n ``(iii) for variations among rehabilitation \n facilities by area under paragraph (6);\n ``(iv) by the weighting factors established \n under paragraph (2)(B); and\n ``(v) by such other factors as the \n Secretary determines are necessary to properly \n reflect variations in necessary costs of \n treatment among rehabilitation facilities.\n ``(B) Budget neutral rates.--The Secretary shall \n establish the prospective payment amounts under this \n subsection for discharges during each of fiscal years \n 1998 through 2002 at levels such that, in the \n Secretary's estimation, the amount of total payments \n under this subsection for each such fiscal year \n (including any payment adjustments pursuant to \n paragraph (7)) shall not exceed the amount of payments \n that would have been made under this title during the \n fiscal year for operating and capital costs of \n rehabilitation facilities had this subsection not been \n enacted.\n ``(4) Outlier and special payments.--\n ``(A) Outliers.--\n ``(i) Day outliers.--The Secretary shall \n provide for an additional payment to a \n rehabilitation facility for discharges in a \n functional-related group, the lengths of stay \n of which exceeded the mean length of stay for \n discharges within that group by a fixed number \n of days or exceeds such mean length of stay by \n some fixed number of deviations, whichever is \n the fewer number of days.\n ``(ii) Requesting additional payments.--For \n cases not included in clause (i), a \n rehabilitation facility may request additional \n payments in any case in which charges, adjusted \n to cost, exceed a fixed multiple of the \n applicable prospective payment rate, or exceed \n such other fixed dollar amount, whichever is \n greater, or exceed the prospective payment rate \n plus a fixed dollar amount determined by the \n Secretary.\n ``(iii) Payment based on marginal cost of \n care.--The amount of such additional payment \n under clauses (i) and (ii) shall be determined \n by the Secretary and shall approximate the \n marginal cost of care beyond the cutoff point \n applicable under clause (i) or (ii).\n ``(iv) Total payments.--The total amount of \n the additional payments made under this \n subparagraph for discharges in a fiscal year \n may not be less than 5 percent nor more than 6 \n percent of the total payments projected or \n estimated to be made based on FRG prospective \n payment rates for discharges in that year.\n ``(B) Adjustment.--The Secretary may provide for \n such adjustments to the payment amounts under this \n subsection as the Secretary deems appropriate to take \n into account the unique circumstances of rehabilitation \n facilities located in Alaska and Hawaii.\n ``(5) Publication.--The Secretary shall provide for \n publication in the Federal Register, on or before September 1 \n before each fiscal year (beginning with fiscal year 1998), of \n the classification and weighting factors for FRGs under \n paragraph (2) for such fiscal year and a description of the \n methodology and data used in computing the prospective payment \n rates under this subsection for that fiscal year.\n ``(6) Area wage adjustment.--The Secretary shall adjust the \n proportion (as estimated by the Secretary from time to time) of \n rehabilitation facilities' costs which are attributable to \n wages and wage-related costs, of the prospective payment rates \n computed under paragraph (3) for area differences in wage \n levels by a factor (established by the Secretary) reflecting \n the relative hospital wage level in the geographic area of the \n rehabilitation facility compared to the national average wage \n level for such facilities. Not later than October 1, 1998 (and \n at least every 12 months thereafter), the Secretary shall \n update the factor under the preceding sentence on the basis of \n a survey conducted by the Secretary (and updated as \n appropriate) of the wages and wage-related costs incurred in \n furnishing rehabilitation services. Any adjustments or updates \n made under this paragraph for a fiscal year shall be made in a \n manner that assures that the aggregated payments under this \n subsection in the fiscal year are not greater or less than \n those that would have been made in the year without such \n adjustment.\n ``(7) Additional adjustments.--The Secretary shall provide \n by regulation for--\n ``(A) an additional payment to take into account \n indirect costs of medical education and the special \n circumstances of hospitals that serve a significantly \n disproportionate number of low-income patients in a \n manner similar to that provided under subparagraphs (B) \n and (F), respectively, of subsection (d)(5); and\n ``(B) such other exceptions and adjustments to \n payment amounts under this subsection in a manner \n similar to that provided under subsection (d)(5)(I) in \n relation to payments under subsection (d).\n ``(8) Limitation on review.--There shall be no \n administrative or judicial review under section 1878 or \n otherwise of--\n ``(A) the establishment of FRGs, of the methodology \n for the classification of discharges within such \n groups, and of the appropriate weighting factors \n thereof under paragraph (2), and\n (B) the establishment of the prospective payment \n rates under paragraph (3).''.\n (b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C. \n1395ww(b)) is amended--\n (1) in paragraph (1), by inserting ``and other than a \n rehabilitation facility described in subsection (j)(1)'' after \n ``subsection (d)(1)(B)'', and\n (2) in paragraph (3)(B)(i), by inserting ``and subsection \n (j)'' after ``For purposes of subsection (d)''.\n (c) Effective Date.--The amendments made by this section shall \napply to cost reporting periods beginning on or after October 1, 1997.","summary":"Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups.","title":"To amend title XVIII of the Social Security Act to provide for prospective payment under the Medicare program for inpatient services of rehabilitation hospitals and units based on discharges classified by functional-related groups.","text_len":11473,"sum_len":224} {"bill_id":"103_hr1867","text":"SECTION 1. SHORT TITLE, REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Public Health \nPesticides Protection Act of 1993''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Federal Insecticide, Fungicide, and Rodenticide \nAct.\n\nSEC. 2. DEFINITIONS.\n\n (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended \nby adding at the end the following: ``The Administrator shall consider \nthe risks and benefits of public health pesticides separate from the \nrisks and benefits of other pesticides. In weighing any regulatory \naction concerning a public health pesticide under this Act, the \nAdministrator shall weigh any risks of the pesticide against the health \nrisks such as the diseases transmitted by the vector to be controlled \nby the pesticide.''.\n (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding \nat the end the following:\n ``(hh) Minor Use.--The term `minor use' means the total anticipated \nsmall volume use of any pesticide product against a particular pest or \ngroup of pests which, by itself, would not economically justify a full, \nseparate pesticide registration. Wherever a minor use is designated in \nthis Act for agricultural crop production or agricultural uses, such \nterm includes any use intended to protect the public from insects or \nother pests or the diseases which such pests may transmit to man or \ndomestic animals.\n ``(ii) Public Health Pesticide.--The term `public health pesticide' \nmeans any minor use pesticide product registered for use and used \npredominantly in public health programs for vector control or for other \nrecognized health protection uses, including the prevention or \nmitigation of viruses, bacteria, or other microorganisms (other than \nviruses, bacteria, or other microorganisms on or in living man or other \nliving animal) that pose a threat to public health.\n ``(jj) Vector.--The term `vector' means any animal capable of \ntransmitting the causative agent of human disease or capable of \nproducing human discomfort or injury, including mosquitoes, flies, \nfleas, cockroaches, or other insects and ticks, mites, or rats.''.\n\nSEC. 3. REGISTRATION.\n\n Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended--\n (1) by inserting after ``pattern of use,'' the following: \n ``the public health and agricultural need for such minor \n use,'', and\n (2) by striking out ``potential exposure of man and the \n environment to the pesticide'' and inserting in lieu thereof \n ``potential beneficial or adverse effects on man and the \n environment''.\n\nSEC. 4. REREGISTRATION.\n\n Section 4 (7 U.S.C. 136a-1) is amended--\n (1) in subsection (i)(4), by redesignating subparagraphs \n (B) and (C) as subparagraphs (C) and (D), respectively and by \n adding after subparagraph (A) the following:\n ``(B) Any pesticide defined as a public health \n pesticide of which more than 50 percent of its usage is \n devoted to the promotion of public health shall be \n exempt from fees prescribed by paragraph (3).''.\n (2) in subsection (i)(5), by redesignating subparagraphs \n (F) and (G) as subparagraphs (G) and (H), respectively, and by \n adding after subparagraph (E) the following:\n ``(F) An end use product that is registered for a \n public health pesticide of which at least 50 percent of \n its usage is devoted to the promotion of public health \n shall be exempt from the fees prescribed by this \n paragraph.''.\n (3) in subsection (i)(7)(B), by striking out ``or to \n determine'' and inserting in lieu thereof ``, to determine'' \n and by inserting before the period the following: ``, or to \n determine the volume usage for public health pesticides''.\n (4) in subsection (k)(3)(A), by striking out ``or'' at the \n end of clause (i), by striking the period at the end of clause \n (ii) and inserting in lieu thereof ``; or'', and by inserting \n after clause (ii) the following:\n ``(iii) proposes the initial or amended \n registration of an end use pesticide that, if \n registered as proposed, would be used for a \n public health pesticide.''.\n\nSEC. 5. CANCELLATION.\n\n Section 6(b) is amended by striking out ``or'' at the end of \nparagraph (1), by striking out the period at the end of paragraph (2) \nand inserting in lieu thereof ``; or'', and by adding after paragraph \n(2) the following:\n ``(3) if a pesticide is registered or proposed for \n registration for public health uses, to send the notice \n specified in this subsection to the Secretary of Health and \n Human Services for review.\n The Secretary of Health and Human Services shall comment under \nparagraph (3) in accordance with the procedures followed and subject to \nthe same conditions as comments by the Secretary of Agriculture in the \ncase of agricultural pesticides.''.\n\nSEC. 6. VIEWS.\n\n Section 21 (7 U.S.C. 136s) is amended by redesignating subsections \n(b) and (c) as subsections (c) and (d), respectively, and by adding \nafter subsection (a) the following:\n ``(b) Secretary of Health and Human Services.--The Administrator, \nbefore publishing regulations under this Act for any public health \npesticide, shall solicit the views of the Secretary of Health and Human \nServices in the same manner as the views of the Secretary of \nAgriculture are solicited under section 25(a).''.\n\nSEC. 7. AUTHORITY OF ADMINISTRATOR.\n\n Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended--\n (1) by inserting after ``various classes of pesticides'' \n the following: ``, including public health pesticides,'', and\n (2) by striking out ``and nonagricultural pesticides'' and \n inserting in lieu thereof ``, nonagricultural, and public \n health pesticides''.\n\nSEC. 8. IDENTIFICATION OF PESTS.\n\n Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the \nfollowing:\n ``(d) Public Health Pests.--The Administrator, in coordination with \nthe Secretary of Health and Human Services, shall identify pests of \nsignificant public health importance and, in coordination with the \nPublic Health Service, develop and implement programs to improve and \nfacilitate the safe and necessary use of chemical, biological, and \nother methods to combat and control such pests of public health \nimportance.''.\n\nSEC. 9. PUBLIC HEALTH PESTICIDES.\n\n The Federal Insecticide, Fungicide, and Rodenticide Act is amended \nby adding at the end the following:\n\n``SEC. 32. PUBLIC HEALTH PESTICIDES.\n\n ``The Administrator, in conjunction with the Secretary of Health \nand Human Services, shall submit an annual report to the Congress by \nMarch 1 of each year describing the uses of public health pesticides to \npromote human health protection in the United States. The report shall \ninclude\n ``(1) an analysis of vector control practices,\n ``(2) an analysis of the approximately 50 diseases which \n are associated with arthropods or other vectors, including a \n consideration of the impact of vector control on the incidence \n of such diseases,\n ``(3) an analysis of the role of IPM in vector control and \n how agricultural IPM practices impact public health vector \n control, and\n ``(4) an analysis of public health pesticides, including \n the benefits of vectored disease prevention and a comparison of \n such benefits to the relative risks of the use of public health \n pesticides and the risks of vectored diseases.''.","summary":"Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a public health pesticide as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses. And (2) vector as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests.","title":"Public Health Pesticides Protection Act of 1993","text_len":8025,"sum_len":1500} {"bill_id":"111_s710","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Gift Card Act of 2009''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Debit card.--The term ``debit card'' has the meaning \n given the term in section 603(r)(3) of the Fair Credit \n Reporting Act (15 U.S.C. 1681a(r)(3)).\n (2) Dormancy fee; inactivity charge or fee.--The terms \n ``dormancy fee'' and ``inactivity charge or fee'' mean a fee, \n charge, or penalty for non-use or inactivity of a gift \n certificate, store gift card, or general-use prepaid card.\n (3) Financial institution.--The term ``financial \n institution'' has the meaning given the term in section 603(t) \n of the Fair Credit Reporting Act (15 U.S.C. 1681a(t)).\n (4) General-use prepaid card, gift certificate, and store \n gift card.--\n (A) General-use prepaid card.--The term ``general-\n use prepaid card'' means a card or other electronic \n payment device issued by a financial institution or \n licensed money transmitter that is--\n (i) redeemable at multiple, unaffiliated \n merchants or service providers, or automated \n teller machines;\n (ii) issued in a requested amount whether \n or not that amount may, at the option of the \n issuer, be increased in value or reloaded if \n requested by the holder;\n (iii) purchased or loaded on a prepaid \n basis; and\n (iv) honored, upon presentation, by \n merchants for goods or services, or at \n automated teller machines.\n (B) Gift certificate.--The term ``gift \n certificate'' means a written promise that is--\n (i) redeemable at a single merchant or an \n affiliated group of merchants that share the \n same name, mark, or logo;\n (ii) issued in a specified amount and \n cannot be increased;\n (iii) purchased on a prepaid basis in \n exchange for payment; and\n (iv) honored upon presentation by such \n single merchant or affiliated group of \n merchants for goods or services.\n (C) Store gift card.--The term ``store gift card'' \n means a plastic card or other electronic payment device \n that is--\n (i) redeemable at a single merchant or an \n affiliated group of merchants that share the \n same name, mark, or logo;\n (ii) issued in a specified amount and may \n or may not be increased in value or reloaded;\n (iii) purchased on a prepaid basis in \n exchange for payment; and\n (iv) honored upon presentation by such \n single merchant or affiliated group of \n merchants for goods or services.\n (D) Exclusions.--The terms ``general-use prepaid \n card'', ``gift certificate'', and ``store gift card'' \n do not include a written promise, plastic card, or \n other electronic device that is--\n (i) used solely for telephone services; or\n (ii) associated with a demand deposit, \n checking, savings, or similar account that--\n (I) is in the name of an individual \n or on behalf of an individual at a bank \n or financial institution; and\n (II) provides payment solely by \n debiting such account.\n (5) Licensed money transmitter.--The term ``licensed money \n transmitter'' means a person who sells or issues payment \n instruments or engages in the business of receiving money for \n transmission or transmitting money within the United States or \n to locations abroad by any and all means, including payment \n instrument, wire, facsimile, or electronic transfer.\n (6) Service fee.--The term ``service fee'' means a periodic \n fee, charge, or penalty for holding or use of a gift \n certificate, store gift card, or general-use prepaid card.\n\nSEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING GIFT CARDS.\n\n (a) Prohibition on Imposition of Fees or Charges.--\n (1) In general.--Except as provided under paragraphs (2) \n through (4), it shall be unlawful for any person to impose, \n with respect to a gift certificate, store gift card, or \n general-use prepaid card, a dormancy fee, inactivity charge or \n fee, or a service fee.\n (2) Exception.--A dormancy fee, inactivity charge or fee, \n or service fee may be charged with respect to a gift \n certificate, store gift card, or general-use prepaid card if--\n (A) such certificate or card has a remaining value \n of $5 or less at the time such charge or fee is \n assessed;\n (B) such charge or fee does not exceed $1;\n (C)(i) there has been no activity with respect to \n the certificate or card in the 24-month period ending \n on the date the charge or fee is imposed; and\n (ii) the certificate or card was issued more than \n 24 months before such date;\n (D) the holder of the certificate or card may \n reload or add value to the certificate or card; and\n (E) the disclosure requirements of paragraph (3) \n are met.\n (3) Disclosure requirements.--The disclosure requirements \n of this paragraph are met if--\n (A) the gift certificate, store gift card, or \n general-use prepaid card clearly and conspicuously \n states in at least 10-point type--\n (i) that a dormancy fee, inactivity charge \n or fee, or service fee may be charged;\n (ii) the amount of such fee or charge;\n (iii) how often such fee or charge may be \n assessed; and\n (iv) that such fee or charge may be \n assessed for inactivity; and\n (B) the issuer of such certificate or card informs \n the purchaser of such charge or fee before such \n certificate or card is purchased, regardless of whether \n the certificate or card is purchased in person, over \n the Internet, or by telephone.\n (4) Exclusion.--The prohibition under paragraph (1) shall \n not apply to gift certificates that--\n (A)(i) are distributed pursuant to an award, \n loyalty, or promotional program; and\n (ii) with respect to which there is no money or \n other value exchanged; or\n (B)(i) expire not later than 30 days after the date \n they are sold; and\n (ii) are sold below the face value of the \n certificate to an employer or to a nonprofit or \n charitable organization for fund-raising purposes.\n (b) Prohibition on Sale of Gift Cards With Expiration Dates.--\n (1) In general.--Except as provided under paragraph (2), it \n shall be unlawful for any person to sell or issue a gift \n certificate, store gift card, or general-use prepaid card that \n is subject to an expiration date.\n (2) Exceptions.--A gift certificate, store gift card, or \n general-use prepaid card may contain an expiration date if--\n (A) the expiration date is not less than 5 years \n after the date on which the card is purchased; and\n (B) the terms of expiration are prominently \n disclosed in all capital letters that are at least 10-\n point type.\n\nSEC. 4. RELATION TO STATE LAWS.\n\n This Act and any regulations or standards established pursuant to \nthis Act shall not supersede any provision of State law with respect to \ndormancy fees, inactivity charges or fees, service fees, or expiration \ndates of gift certificates, store gift cards, or general-use prepaid \ncards.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Unfair or Deceptive Act or Practice.--A violation of this Act \nshall be treated as a violation of a rule defining an unfair or \ndeceptive act or practice prescribed under section 18(a)(1)(B) of the \nFederal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Actions by the Commission.--The Federal Trade Commission shall \nenforce this Act in the same manner, by the same means, and with the \nsame jurisdiction, powers, and duties as though all applicable terms \nand provisions of the Federal Trade Commission Act (15 U.S.C. 41 et \nseq.) were incorporated into and made a part of this Act.\n (c) Individual Cause of Action.--Nothing in this Act shall be \nconstrued to limit an individual's rights to enforce a State law \nrelating to unfair or deceptive acts or practices.","summary":"Fair Gift Card Act of 2009 - Declares it unlawful, with certain exceptions, for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Declares it unlawful, with certain exceptions, for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. Requires any violation of this Act to be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.","title":"A bill to prohibit unfair or deceptive acts or practices relating to gift certificates, store gift cards, and other general-use prepaid cards, and for other purposes.","text_len":9818,"sum_len":597} {"bill_id":"107_s1120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global AIDS Research and Relief Act \nof 2001''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) AIDS.--The term ``AIDS'' means the acquired immune \n deficiency syndrome.\n (2) Association.--The term ``Association'' means the \n International Development Association.\n (3) Bank.--The term ``Bank'' or ``World Bank'' means the \n International Bank for Reconstruction and Development.\n (4) HIV.--The term ``HIV'' means the human immunodeficiency \n virus, the pathogen, which causes AIDS.\n (5) HIV\/AIDS.--The term ``HIV\/AIDS'' means, with respect to \n an individual, an individual who is infected with HIV or living \n with AIDS.\n\nSEC. 3. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) According to the Surgeon General of the United States, \n the epidemic of human immunodeficiency virus\/acquired immune \n deficiency syndrome (HIV\/AIDS) will soon become the worst \n epidemic of infectious disease in recorded history, eclipsing \n both the bubonic plague of the 1300s and the influenza epidemic \n of 1918-1919 which killed more than 20,000,000 people \n worldwide.\n (2) According to the Joint United Nations Programme on HIV\/\n AIDS (UNAIDS), more than 36,100,000 people in the world today \n are living with HIV\/AIDS, of which approximately 95 percent \n live in the developing world.\n (3) UNAIDS data shows that among children age 15 and under \n worldwide, more than 4,300,000 have died from AIDS, more than \n 1,400,000 are living with the disease; and in 1 year alone--\n 2000--an estimated 600,000 became infected, of which over 90 \n percent were babies born to HIV-positive women.\n (4) Although sub-Saharan Africa has only 10 percent of the \n world's population, it is home to more than 25,300,000--roughly \n 70 percent--of the world's HIV\/AIDS cases.\n (5) Worldwide, there have already been an estimated \n 21,800,000 deaths because of HIV\/AIDS, of which more than 80 \n percent occurred in sub-Saharan Africa.\n (6) According to UNAIDS, by the end of 1999, 13,200,000 \n children have lost at least one parent to AIDS, including \n 12,100,000 children in sub-Saharan Africa, and are thus \n considered AIDS orphans.\n (7) At current infection and growth rates for HIV\/AIDS, the \n National Intelligence Council estimates that the number of AIDS \n orphans worldwide will increase dramatically, potentially \n increasing threefold or more in the next 10 years, contributing \n to economic decay, social fragmentation, and political \n destabilization in already volatile and strained societies. \n Children without care or hope are often drawn into \n prostitution, crime, substance abuse, or child soldiery.\n (8) The discovery of a relatively simple and inexpensive \n means of interrupting the transmission of HIV from an infected \n mother to the unborn child--namely with nevirapine (NVP), which \n costs $4 a tablet--has created a great opportunity for an \n unprecedented partnership between the United States Government \n and the governments of Asian, African, and Latin American \n countries to reduce mother-to-child transmission (also known as \n ``vertical transmission'') of HIV.\n (9) According to UNAIDS, if implemented this strategy will \n decrease the proportion of orphans that are HIV-infected and \n decrease infant and child mortality rates in these developing \n regions.\n (10) A mother-to-child antiretroviral drug strategy can be \n a force for social change, providing the opportunity and \n impetus needed to address often longstanding problems of \n inadequate services and the profound stigma associated with \n HIV-infection and the AIDS disease. Strengthening the health \n infrastructure to improve mother-and-child health, antenatal, \n delivery, and postnatal services, and couples counseling \n generates enormous spillover effects toward combating the AIDS \n epidemic in developing regions.\n (11) A January 2000 United States National Intelligence \n Estimate (NIE) report on the global infectious disease threat \n concluded that the economic costs of infectious diseases--\n especially HIV\/AIDS--are already significant and could reduce \n GDP by as much as 20 percent or more by 2010 in some sub-\n Saharan African nations.\n (12) The HIV\/AIDS epidemic is of increasing concern in \n other regions of the world, with UNAIDS estimating that there \n are more than 5,800,000 cases in South and Southeast Asia, that \n the rate of HIV infection in the Caribbean is second only to \n sub-Saharan Africa, and that HIV infections have doubled in \n just 2 years in the former Soviet Union.\n (13) Russia is the new ``hot spot'' for the pandemic and \n more Russians are expected to be diagnosed with HIV\/AIDS by the \n end of 2001 than all cases from previous years combined.\n (14) Despite the discouraging statistics on the spread of \n HIV\/AIDS, some developing nations-- such as Uganda, Senegal, \nand Thailand--have implemented prevention programs that have \nsubstantially curbed the rate of HIV infection.\n (15) Accordingly, United States financial support for \n medical research, education, and disease containment as a \n global strategy has beneficial ramifications for millions of \n Americans and their families who are affected by this disease, \n and the entire population, which is potentially susceptible.\n (b) Purposes.--The purposes of this Act are to--\n (1) help prevent human suffering through the prevention, \n diagnosis, and treatment of HIV\/AIDS; and\n (2) help ensure the viability of economic development, \n stability, and national security in the developing world by \n advancing research to--\n (A) understand the causes associated with HIV\/AIDS \n in developing countries; and\n (B) assist in the development of an AIDS vaccine.\n\nSEC. 4. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS.\n\n Paragraphs (4) through (6) of section 104(c) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151b(c)) are amended to read as \nfollows:\n ``(4)(A) Congress recognizes the growing international \n dilemma of children with the human immunodeficiency virus (HIV) \n and the merits of intervention programs aimed at this problem. \n Congress further recognizes that mother-to-child transmission \n prevention strategies can serve as a major force for change in \n developing regions, and it is, therefore, a major objective of \n the foreign assistance program to control the acquired immune \n deficiency syndrome (AIDS) epidemic.\n ``(B) The agency primarily responsible for administering \n this part shall--\n ``(i) coordinate with UNAIDS, UNICEF, WHO, national \n and local governments, other organizations, and other \n Federal agencies to develop and implement effective \n strategies to prevent vertical transmission of HIV; and\n ``(ii) coordinate with those organizations to \n increase intervention programs and introduce voluntary \n counseling and testing, antiretroviral drugs, \n replacement feeding, and other strategies.\n ``(5)(A) Congress expects the agency primarily responsible \n for administering this part to make the human immunodeficiency \n virus (HIV) and the acquired immune deficiency syndrome (AIDS) \n a priority in the foreign assistance program and to undertake a \n comprehensive, coordinated effort to combat HIV and AIDS.\n ``(B) Assistance described in subparagraph (A) shall \n include help providing--\n ``(i) primary prevention and education;\n ``(ii) voluntary testing and counseling;\n ``(iii) medications to prevent the transmission of \n HIV from mother to child;\n ``(iv) programs to strengthen and broaden health \n care systems infrastructure and the capacity of health \n care systems in developing countries to deliver HIV\/\n AIDS pharmaceuticals, prevention, and treatment to \n those afflicted with HIV\/AIDS; and\n ``(v) care for those living with HIV or AIDS.\n ``(6)(A) In addition to amounts otherwise available for \n such purpose, there is authorized to be appropriated to the \n President $600,000,000 for each of the fiscal years 2002 and \n 2003 to carry out paragraphs (4) and (5).\n ``(B) Of the funds authorized to be appropriated under \n subparagraph (A), not less than 65 percent is authorized to be \n available through United States and foreign nongovernmental \n organizations, including private and voluntary organizations, \n for-profit organizations, religious affiliated organizations, \n educational institutions, and research facilities.\n ``(C)(i) Of the funds authorized to be appropriated by \n subparagraph (A), priority should be given to programs that \n address the support and education of orphans in sub-Saharan \n Africa, including AIDS orphans and prevention strategies for \n vertical transmission referred to in paragraph (4)(A).\n ``(ii) Assistance made available under this subsection, and \n assistance made available under chapter 4 of part II to carry \n out the purposes of this subsection, may be made available \n notwithstanding any other provision of law that restricts \n assistance to foreign countries.\n ``(D) Of the funds authorized to be appropriated by \n subparagraph (A), not more than 7 percent may be used for the \n administrative expenses of the agency primarily responsible for \n carrying out this part of this Act in support of activities \n described in paragraphs (4) and (5).\n ``(E) Funds appropriated under this paragraph are \n authorized to remain available until expended.''.","summary":"Global AIDS Research and Relief Act of 2001 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to require the agency primarily responsible for administering this Act to coordinate with specified organizations, including other Federal agencies, to develop and implement effective strategies to prevent vertical transmission of human immunodeficiency virus (HIV) and to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. Urges such agency to: (1) make HIV and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program for developing foreign countries. And (2) undertake a comprehensive, coordinated effort to combat HIV and AIDS, including providing programs to strengthen and broaden health care systems infrastructure and capacity to deliver HIVAIDS pharmaceuticals, prevention, and treatment to those afflicted with HIVAIDS. Authorizes appropriations. Urges that priority be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans, and prevention strategies for vertical transmission of HIV.","title":"A bill to amend the Foreign Assistance Act of 1961 to increase the authorization of appropriations for fiscal year 2002, and to authorize appropriations for fiscal year 2003, to combat HIV and AIDS, and for other purposes.","text_len":10768,"sum_len":1252} {"bill_id":"110_hr1598","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Servicemembers Credit Protection \nAct''.\n\nSEC. 2. NOTICE OF DEPLOYMENT REQUIRED.\n\n (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C. \nApp. 501 et seq.) is amended by adding at the end the following new \ntitle:\n\n ``TITLE VIII--NOTICE OF DEPLOYMENT\n\n``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES.\n\n ``(a) In General.--In the case of the deployment of a servicemember \naway from the usual duty station of the servicemember to duty for which \nthe servicemember is entitled to special pay under section 310(a) of \ntitle 37, United States Code, the Secretary shall--\n ``(1) notify each consumer reporting agency that compiles \n and maintains files on consumers on a nationwide basis of the \n deployment of the servicemember within 30 days after the \n deployment, together with such information as may be necessary \n to permit such consumer reporting agency to comply with section \n 605C of the Fair Credit Reporting Act with respect to the \n servicemember; and\n ``(2) notify each such consumer reporting agency when the \n notice under paragraph (1) ceases to apply with respect to such \n servicemember within 30 days after the end of the deployment.\n ``(b) Administrative Action.--The Secretary shall consult with each \nconsumer reporting agency that compiles and maintains files on \nconsumers on a nationwide basis and take such action as may be \nappropriate to ensure that the Secretary and such consumer reporting \nagency can comply with the requirements of this section and section \n605C of the Fair Credit Reporting Act in a timely manner.\n ``(c) Definition.--For purposes of this section, the term `consumer \nreporting agency that compiles and maintains files on consumers on a \nnationwide basis' has the meaning given to such term in section 603(p) \nof the Fair Credit Reporting Act.\n\n``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING \n SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE.\n\n ``(a) In General.--In the case of any person who is subject to a \npenalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1), \n306(e)(1), or 307(e)(1) in a case involving a servicemember whose \nconsumer report, at the time of the violation giving rise to such \nperson's liability for the penalty, contains a combat zone duty alert, \nsuch section shall be applied by substituting `not more than 3 years' \nfor `not more than one year'.\n ``(b) Definitions.--For purposes of subsection (a), the terms \n`combat zone duty alert' and `consumer report' have the same meanings \nas in section 603 of the Fair Credit Reporting Act.''.\n (b) Clerical Amendment.--The table of contents for the \nServicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended \nby inserting after the item relating to section 706 the following new \nitems:\n\n ``TITLE VIII--NOTICE OF DEPLOYMENT\n\n``Sec. 801. Notice to consumer reporting agencies.\n``Sec. 802. Increase in penalties for certain violations involving \n servicemembers deployed to an overseas \n combat zone.''.\n\nSEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS.\n\n (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et \nseq.) is amended by inserting after section 605B the following new \nsection:\n``Sec. 605C. Combat zone duty alert\n ``(a) In General.--Each consumer reporting agency described in \nsection 603(p) that receives a notice under section 801(a)(1) of the \nServicemembers Civil Relief Act from the Secretary of Defense with \nrespect to a consumer who is a servicemember (as defined in section \n101(1) of such Act) shall--\n ``(1) include a combat zone duty alert in the file of that \n consumer, and also provide that alert along with any credit \n score generated in using that file, until notified by the \n Secretary of Defense that such consumer no longer qualifies for \n such alert; and\n ``(2) during the period such alert is in effect, exclude \n the consumer from any list of consumers prepared by the \n consumer reporting agency and provided to any third party to \n offer credit or insurance to the consumer as part of a \n transaction that was not initiated by the consumer.\n ``(b) Information on Consumer's Rights Required To Be Included.--\nThe combat zone duty alert included in any consumer's file pursuant to \nsubsection (a) shall include a summary of the rights of the consumer \nunder the Servicemembers Civil Relief Act and the duties of creditors \nand other persons under such Act to the consumer.\n ``(c) Notice to Furnishers of Adverse Information.--If any person, \nincluding another consumer reporting agency, furnishes adverse \ninformation to a consumer reporting agency described in section 603(p) \nwith respect to a consumer whose file includes a combat zone duty alert \nunder subsection (a)(1), the consumer reporting agency shall notify \nsuch person of the existence of the combat zone duty alert in the file \nof such consumer together with the summary of rights and duties \ndescribed in subsection (b).\n ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include \nin its report any combat zone duty alert placed in the file of a \nconsumer pursuant to this section by another consumer reporting agency.\n ``(e) Procedures.--Each consumer reporting agency described in \nsection 603(p) shall establish policies and procedures to comply with \nthis section and shall cooperate with the Secretary of Defense in \nestablishing such procedures to ensure effective compliance with the \nrequirements of this section.\n ``(f) Notice From Secretary.--This section shall cease to apply to \nwith respect to any consumer as of the date the consumer reporting \nagency described in section 603(p) receives a notice from the Secretary \nof Defense under section 801(a)(2) relating to such consumer.''.\n (b) Definitions.--\n (1) In general.--Subsection (q) of section 603 of the Fair \n Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding \n at the end the following new paragraph:\n ``(6) Combat zone duty alert.--The term `combat zone duty \n alert' means a statement in the file of a consumer that--\n ``(A) notifies all prospective users of a consumer \n report relating to the consumer that the consumer is \n serving as a servicemember in a combat zone and \n includes any information required under section 605C; \n and\n ``(B) is presented in a manner that facilitates a \n clear and conspicuous view of the statement described \n in subparagraph (A) by any person requesting such \n consumer report.''.\n (2) Technical and conforming amendment.--The heading for \n subsection (q) of section 603 of the Fair Credit Reporting Act \n (15 U.S.C. 1681a(q)) is amended by inserting ``and Military'' \n after ``to Fraud''.\n (c) Clerical Amendment.--The table of sections for title VI of the \nConsumer Credit Protection Act is amended by inserting after the item \nrelating to section 605B the following new item:\n\n``605C. Combat zone duty alert.''.","summary":"Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment. And (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember. Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone. Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert. And (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer. Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer.","title":"To amend the Servicemembers Civil Relief Act to protect the credit of servicemembers deployed to an overseas combat zone and to facilitate awareness of a servicemember's rights under such Act, and for other purposes.","text_len":7426,"sum_len":1517} {"bill_id":"111_s971","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Jason's Law''.\n\nSEC. 2. TRUCK PARKING FACILITIES.\n\n (a) Establishment.--In cooperation with appropriate State, \nregional, and local governments, the Secretary of Transportation \n(referred to in this Act as the ``Secretary'') shall implement a pilot \nprogram to address the shortage of long-term parking for commercial \nmotor vehicles on the National Highway System.\n (b) Allocation of Funds.--\n (1) In general.--The Secretary shall allocate funds made \n available to carry out this section among States, metropolitan \n planning organizations, and local governments.\n (2) Applications.--To be eligible for an allocation under \n this section, a State (as defined in section 101(a) of title \n 23, United States Code), metropolitan planning organization, or \n local government shall submit to the Secretary an application \n at such time and containing such information as the Secretary \n may require.\n (3) Eligible projects.--\n (A) In general.--Funds allocated under this \n subsection shall be used by the recipient for projects \n described in an application approved by the Secretary.\n (B) Types of projects.--A project carried out using \n funds allocated under this subsection--\n (i) shall serve the National Highway \n System; and\n (ii) may include--\n (I) construction of safety rest \n areas (as defined in section 120(c) of \n title 23, United States Code) that \n include parking for commercial motor \n vehicles;\n (II) construction of commercial \n motor vehicle parking facilities \n adjacent to commercial truck stops and \n travel plazas;\n (III) the opening of existing \n facilities to commercial motor vehicle \n parking, including inspection and weigh \n stations and park-and-ride facilities;\n (IV) promotion of the availability \n of publicly or privately provided \n commercial motor vehicle parking on the \n National Highway System using \n intelligent transportation systems and \n other means;\n (V) construction of turnouts along \n the National Highway System for \n commercial motor vehicles;\n (VI) making capital improvements to \n public commercial motor vehicle parking \n facilities that, as of the date of \n enactment of this Act, are closed on a \n seasonal basis; and\n (VII) improvement of the geometric \n design of interchanges on the National \n Highway System to improve access to \n commercial motor vehicle parking \n facilities.\n (4) Priority.--In allocating funds made available to carry \n out this section, the Secretary shall give priority to \n applicants that--\n (A) demonstrate a severe shortage of commercial \n motor vehicle parking capacity in the corridor to be \n addressed;\n (B) have consulted with affected State and local \n governments, community groups, private providers of \n commercial motor vehicle parking, and motorist and \n trucking organizations; and\n (C) demonstrate that the proposed projects are \n likely to have positive effects on highway safety, \n traffic congestion, or air quality.\n (c) Report to Congress.--Not later than 3 years after the date of \nenactment of this Act, the Secretary shall submit to Congress a report \non the results of the pilot program.\n (d) Funding.--\n (1) In general.--There is authorized to be appropriated \n from the Highway Trust Fund (other than the Mass Transit \n Account) to carry out this section $20,000,000 for each of \n fiscal years 2010 through 2015.\n (2) Contract authority.--Funds authorized under this \n subsection shall be available for obligation in the same manner \n as if the funds were apportioned under chapter 1 of title 23, \n United States Code, except that--\n (A) the funds shall not be transferable and shall \n remain available until expended; and\n (B) the Federal share of the cost of a project \n under this section shall be determined in accordance \n with subsections (b) and (c) of sections 120 of that \n title.\n (e) Treatment of Projects.--Notwithstanding any other provision of \nlaw, projects funded under this section shall be treated as projects on \na Federal-aid system under chapter 1 of title 23, United States Code.","summary":"Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System. And (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.","title":"A bill to implement a pilot program to establish truck parking facilities.","text_len":5690,"sum_len":579} {"bill_id":"103_hr2307","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workers' Political Rights Act''.\n\nSEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR \n ORGANIZATIONS.\n\n (a) Contributions to All Political Committees Included.--Paragraph \n(2) of section 316(b) of the Federal Election Campaign Act of 1971 (2 \nU.S.C. 441b(b)(2)) is amended by inserting ``political committee,'' \nafter ``campaign committee,''.\n (b) Applicability of Requirements to Labor Organizations.--Section \n316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)) \nis amended by adding at the end thereof the following new paragraph:\n ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not \napply to a labor organization unless the organization meets the \nrequirements of subparagraphs (B), (C), and (D).\n ``(B) The requirements of this subparagraph are met only if the \nlabor organization provides, at least once annually, to all employees \nwithin the labor organization's bargaining unit or units (and to new \nemployees within 30 days after commencement of their employment) \nwritten notification presented in a manner to inform any such \nemployee--\n ``(i) that an employee cannot be obligated to pay, through \n union dues or any other mandatory payment to a labor \n organization, for the political activities of the labor \n organization, including, but not limited to, the maintenance \n and operation of, or solicitation of contributions to, a \n political committee, political communications to members, and \n voter registration and get-out-the-vote campaigns;\n ``(ii) that no employee may be required actually to join \n any labor organization, but if a collective bargaining \n agreement covering an employee purports to require membership \n or payment of dues or other fees to a labor organization as a \n condition of employment, the employee may elect instead to pay \n an agency fee to the labor organization;\n ``(iii) that the amount of the agency fee shall be limited \n to the employee's pro rata share of the cost of the labor \n organization's exclusive representation services to the \n employee's collective bargaining unit, including collective \n bargaining, contract administration, and grievance adjustment;\n ``(iv) that an employee who elects to be a full member of \n the labor organization and pay membership dues is entitled to a \n reduction of those dues by the employee's pro rata share of the \n total spending by the labor organization for political \n activities;\n ``(v) that the cost of the labor organization's exclusive \n representation services, and the amount of spending by such \n organization for political activities, shall be computed on the \n basis of such cost and spending for the immediately preceding \n fiscal year of such organization; and\n ``(vi) of the amount of the labor organization's full \n membership dues, initiation fees, and assessments for the \n current year; the amount of the reduced membership dues, \n subtracting the employee's pro rata share of the organization's \n spending for political activities, for the current year; and \n the amount of the agency fee for the current year.\n ``(C) The requirements of this subparagraph are met only if the \nlabor organization provides all represented employees an annual \nexamination by an independent certified public accountant of financial \nstatements supplied by such organization which attests that the \nexpenditures which the union claimed it made for certain expenses were \nactually made for those expenses. Such examination shall be conducted \nin accordance with generally accepted auditing standards.\n ``(D) The requirements of this subparagraph are met only if the \nlabor organization--\n ``(i) maintains procedures to promptly determine the costs \n that may properly be charged to agency fee payors as costs of \n exclusive representation, and explains such procedures in the \n written notification required under subparagraph (B); and\n ``(ii) if any person challenges the costs which may be \n properly charged as costs of exclusive representation--\n ``(I) provides a mutually selected impartial \n decisionmaker to hear and decide such challenge \n pursuant to rules of discovery and evidence and subject \n to de novo review by the National Labor Relations Board \n or an applicable court; and\n ``(II) places in escrow amounts reasonably in \n dispute pending the outcome of the challenge.\n ``(E)(i) A labor organization that does not satisfy the \nrequirements of subparagraphs (B), (C), and (D) shall finance any \nexpenditures specified in subparagraphs (A), (B), or (C) of paragraph \n(2) only with funds legally collected under this Act for its separate \nsegregated fund.\n ``(ii) For purposes of this paragraph, subparagraph (A) of \nparagraph (2) shall apply only with respect to communications expressly \nadvocating the election or defeat of any clearly identified candidate \nfor elective public office.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by section 2 shall apply to contributions and \nexpenditures made after the date of the enactment of this Act.","summary":"Workers' Political Rights Act - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information.","title":"Workers' Political Rights Act","text_len":5528,"sum_len":320} {"bill_id":"114_hr6418","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drinking Water Affordability Act of \n2016''.\n\nSEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT.\n\n (a) National Drinking Water Regulations.--Section 1412(b)(9) of the \nSafe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking \nthe last sentence and inserting ``Any revision of a national primary \ndrinking water regulation shall be promulgated in accordance with this \nsection, including paragraphs (3) through (6) of this subsection.''\n (b) Enforcement of Drinking Water Regulations.--Section \n1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g-\n3(h)(1)(C)) is amended by inserting ``or management'' after ``the \ntransfer of ownership''.\n (c) State Revolving Loan Funds.--\n (1) Assistance for disadvantaged communities.--Section \n 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-\n 12(d)(2)) is amended by striking ``30'' and inserting ``35''.\n (2) Types of assistance.--Section 1452(f)(1) of the Safe \n Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended--\n (A) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E), respectively;\n (B) by inserting after subparagraph (B) the \n following new subparagraph:\n ``(C) each loan will be fully amortized not later \n than 30 years after the completion of the project, \n except that in the case of a disadvantaged community \n (as defined in subsection (d)(3)) a State may provide \n an extended term for a loan, if the extended term--\n ``(i) terminates not later than the date \n that is 40 years after the date of project \n completion; and\n ``(ii) does not exceed the expected design \n life of the project;''; and\n (C) in subparagraph (B), by striking ``1 year after \n completion of the project for which the loan was made'' \n and all that follows through ``design life of the \n project;'' and inserting ``18 months after completion \n of the project for which the loan was made;''.\n (3) Administration of state loan funds.--Section 1452(g)(2) \n of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)(2)) is \n amended--\n (A) in subparagraph (D), by striking the comma and \n inserting a period; and\n (B) in the matter following subparagraph (D), by \n striking ``if the State matches'' through ``fiscal year \n 1993.''.\n (4) Other authorized activities.--Section 1452(k)(1)(C) of \n the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is \n amended by striking ``for fiscal years 1996 and 1997'' and all \n that follows through the period at the end and inserting ``for \n fiscal years 2018 through 2024 to delineate, assess, update \n assessments, and undertake implementation activities with \n respect to source water protection areas in accordance with the \n requirements of a program approved under section 1453, \n excluding any activity required to be conducted under the \n Federal Water Pollution Control Act (33 U.S.C. 1251 et \n seq.).''.\n (d) Exemption From Federal Cross-Cutting Requirements.--Part E of \nthe Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by \nadding at the end the following new section:\n\n``SEC. 1459A. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS.\n\n ``Notwithstanding any other provision of law, the Administrator \nshall exempt a public water system that receives financial assistance \npursuant to section 1452 from a Federal cross-cutting requirement if \nthe Administrator determines that the State in which the public water \nsystem is located has in effect a requirement which is as stringent as \nthe Federal cross-cutting requirement.''.\n (e) Definition of Federal Cross-Cutting Requirement.--Section 1401 \nof the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at \nthe end the following new paragraph:\n ``(17) Federal cross-cutting requirement.--The term \n `Federal cross-cutting requirement' means a requirement of a \n Federal law or regulation, compliance with which is a condition \n on receipt of a loan or grant under this title, that, if \n applied to projects and activities receiving such financial \n assistance, would be redundant with a requirement of an \n applicable State or local law.''.\n\nSEC. 3. REPORT.\n\n Not later than 18 months after the date of enactment of this Act, \nthe Comptroller General of the United States shall prepare and submit \nto Congress a report containing--\n (1) the results of a study of cost-effective and \n economically feasible rehabilitation or replacement of drinking \n water infrastructure to meet the goals of the Safe Drinking \n Water Act; and\n (2) an assessment of barriers that preclude communities \n from using materials and technologies studied pursuant to \n paragraph (1).","summary":"Drinking Water Affordability Act of 2016 This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency maintain, or provide greater, protection of human health when revising those regulations. Extending the repayment schedule for loans from the drinking water state revolving funds (SRF), removing certain SRF matching fund requirement for states, authorizing states to protect public drinking water source areas. And removing federal reporting requirements if state or local requirements are at least equally stringent as federal requirements.","title":"Drinking Water Affordability Act of 2016","text_len":5342,"sum_len":684} {"bill_id":"112_hr2225","text":"SECTION 1. FINDINGS.\n\n The Congress finds the following:\n (1) Family offices are not of national concern in that \n their advice, counsel, publications, writings, analyses, and \n reports are not furnished or distributed to clients on a retail \n basis, but are instead furnished or distributed only to persons \n who are members of a particular family.\n (2) Family offices do not hold themselves out to the public \n as investment advisers.\n (3) Family offices do not engage in the business of \n advising others, but instead provide a wide range of services \n to members of the family they serve, only one of which involves \n investment advice, for which they may receive compensation from \n the members of the family.\n (4) Since the Investment Advisers Act of 1940 was enacted, \n the Securities and Exchange Commission has regularly issued \n orders to individual family offices exempting them from all of \n the provisions of the Investment Advisers Act of 1940.\n (5) Section 409 of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act expressly exempts family offices from \n all of the provisions of the Investment Advisers Act of 1940.\n (6) It was the intent of Congress that section 409 of the \n Dodd-Frank Wall Street Reform and Consumer Protection Act be \n interpreted broadly to encompass all family offices as they are \n currently organized and operated, as well as to encompass \n changes in the organization and operation of family offices in \n the future.\n\nSEC. 2. FAMILY OFFICE DEFINITION.\n\n Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. \n80b-2(a)) is amended--\n (1) in paragraph (11)(G), in the matter added by section \n 409(a) of the Dodd-Frank Wall Street Reform and Consumer \n Protection Act, by striking ``, as defined by rule, regulation, \n or order of the Commission, in accordance with the purposes of \n this title'';\n (2) by redesignating the second paragraph (29), as added by \n section 770 of the Dodd-Frank Wall Street Reform and Consumer \n Protection Act, as paragraph (31); and\n (3) by adding at the end the following new paragraph:\n ``(32) Family office.--\n ``(A) In general.--The term `family office' means a \n company (including any director, partner, trustee, or \n employee of such company, when acting in their \n respective capacities as such) that--\n ``(i) has no clients other than family \n clients;\n ``(ii) is--\n ``(I) owned, directly or \n indirectly, by,\n ``(II) controlled, directly or \n indirectly, by, or\n ``(III) operated primarily for the \n benefit of,\n family clients; and\n ``(iii) does not hold itself out to the \n public as an investment adviser.\n ``(B) Grandfathering.--A person described under \n section 409(b)(3) of the Dodd-Frank Wall Street Reform \n and Consumer Protection Act, but who otherwise meets \n the requirements under subparagraph (A), shall qualify \n as a family office.\n ``(C) Definitions.--For purposes of this paragraph:\n ``(i) Control.--The term `control' means \n the power to exercise a controlling influence \n over the management or policies of a company, \n unless such power is solely the result of being \n an officer of such company.\n ``(ii) Family client.--The term `family \n client' means:\n ``(I) Any family member.\n ``(II) Any key employee.\n ``(III) Any charitable foundation, \n charitable organization, charitable \n trust, or other non-profit organization \n established or controlled, directly or \n indirectly, by persons one or more of \n whom is a family client.\n ``(IV) Any trust or estate funded \n exclusively by one or more family \n members or established primarily for \n the benefit of one or more family \n clients.\n ``(V) Any limited liability \n company, partnership, corporation, or \n other entity, if--\n ``(aa) such entity is \n majority-owned or controlled, \n directly or indirectly, by, or \n operated primarily for the \n benefit of, one or more family \n clients;\n ``(bb) the family office is \n giving investment advice to \n such entity; and\n ``(cc) persons who are not \n otherwise defined as a family \n client do not own interests in \n such entity.\n ``(VI) Any former family member.\n ``(VII) Any former key employee, \n if, upon the termination of such \n individual's employment by the family \n office or family client, the former key \n employee shall not receive investment \n advice from the family office or the \n family client (or invest additional \n assets with a family office-advised \n trust, charitable foundation, or \n entity), other than with respect to \n assets advised, directly or indirectly, \n by the family office or family client \n immediately prior to the termination of \n such individual's employment, except \n that a former key employee shall be \n permitted to receive investment advice \n from the family office with respect to \n additional investments that the former \n key employee was contractually \n obligated to make, and that relate to a \n family office advised investment \n existing, in each case, prior to the \n time the person became a former key \n employee. For purposes of this \n subclause, the term `family office' \n shall include any entity described \n under subclause (V).\n ``(iii) Family member.--\n ``(I) In general.--The term `family \n member' means:\n ``(aa) Any natural person \n whose economic activities \n created or substantially \n contributed to the family's \n wealth, and such person's \n spouse.\n ``(bb) The siblings, \n parents, grandparents of a \n person described in item (aa).\n ``(cc) The spouse of a \n person described in item (bb).\n ``(dd) The siblings of a \n person described in item (bb) \n or (cc).\n ``(ee) The spouse of a \n person described in item (dd).\n ``(ff) The lineal \n descendant of a person \n described in item (bb), (cc), \n (dd), or (ee).\n ``(gg) The spouse of a \n person described in item (ff).\n ``(II) Construction.--For purposes \n of this clause--\n ``(aa) the term `lineal \n descendant' includes natural \n children, adopted children, and \n stepchildren;\n ``(bb) the term `spouse' \n includes spousal equivalents; \n and\n ``(cc) the terms \n `siblings', `parents', and \n `grandparents' include step-\n siblings, step-parents, and \n step-grandparents, \n respectively.\n ``(iv) Former family member.--The term \n `former family member' means a spouse or a \n descendant who was a family member but is no \n longer a family member due to a divorce or \n other similar event.\n ``(v) Key employee.--The term `key \n employee' means any natural person (and such \n person's spouse or lineal descendant) who is an \n executive officer, director, trustee, general \n partner, or person serving in a similar \n capacity, of the family office or any employee \n of the family office (other than an employee \n performing solely clerical, secretarial, or \n administrative functions) who, in connection \n with his or her regular functions or duties, \n participates in the investment activities of \n the family office. For purposes of this \n subclause, the term `family office' shall \n include any entity described under clause \n (ii)(V).\n ``(vi) Spousal equivalent.--The term \n `spousal equivalent' means a cohabitant \n occupying a relationship generally equivalent \n to that of a spouse.\n ``(D) Involuntary events.--If--\n ``(i) a person that is not a family client \n becomes a client of the family office as a \n result of the death of a family member or key \n employee or other involuntary transfer from a \n family member or key employee, or\n ``(ii) a person ceases to be a family \n client,\n that person shall be deemed to be a family client until \n the end of the 1-year period beginning on the date that \n it is both legally and practically feasible for the \n family office to transfer the affected assets to such \n person, but in no event earlier than 1 year from the \n date that it becomes legally feasible to transfer the \n affected assets unless it becomes practically feasible \n to affect such a transfer sooner.''.","summary":"Amends the Investment Advisers Act of 1940 to define family office as a company that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.","title":"To amend the Investment Advisers Act of 1940 to add a definition of family office.","text_len":13173,"sum_len":276} {"bill_id":"115_s2531","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Red Cliffs Desert Reserve Completion \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in the early 1980s, James Doyle, doing business as \n Rocky Mountain Ventures and Environmental Land Technologies, \n Ltd., began assembling land for a massive real estate \n development in the rapidly growing St. George area of Utah;\n (2) the centerpieces of this development were 9 golf \n courses surrounded by luxury homes;\n (3) during the 1980s, James Doyle acquired 2,440 acres and \n held preferential rights to an additional 11,000 acres for this \n development;\n (4) throughout the 1980s and into the 1990s, James Doyle \n invested large amounts of money to acquire and develop this \n land, including--\n (A) procuring the water rights and engineering \n studies;\n (B) developing proposals and designs for \n transportation corridors;\n (C) constructing 1 golf course and designing nine \n more;\n (D) developing utility layouts and placements;\n (E) installing necessary sewer, water, and power \n for the various properties; and\n (F) securing all necessary zoning adjustments and \n development permissions;\n (5) with planning and preparation essentially complete by \n 1989, James Doyle was prepared to break ground for the initial \n phase of his project;\n (6) on April 2, 1990, the United States Fish and Wildlife \n Service published a final rule listing the Mojave population of \n the desert tortoise as ``threatened'' under the Endangered \n Species Act of 1973 (16 U.S.C. 1531 et seq.);\n (7) on February 8, 1994, the United States Fish and \n Wildlife Service published a final rule designating all of \n James Doyle's land as critical habitat for the Mojave \n population of the desert tortoise;\n (8) the listing of the desert tortoise and designation of \n James Doyle's land as critical habitat for the tortoise made \n James Doyle's planned land development, as well as that of \n other nearby lands, unlawful without the issuance of an \n incidental take permit by the United States Fish and Wildlife \n Service;\n (9) in response to the designation, James Doyle, as a \n member of the Habitat Conservation Plan Steering Committee, \n worked with other landowners, as well as Federal, State, and \n county officials, to create a Habitat Conservation Plan \n covering Washington County that would have allowed James Doyle \n to develop a portion of his land;\n (10) the United States Fish and Wildlife Service rejected \n the plan, stating that the plan set aside insufficient land to \n protect the tortoise;\n (11) James Doyle and the Steering Committee prepared a \n revised Habitat Conservation Plan, which the United States Fish \n and Wildlife Service approved on February 23, 1996;\n (12) the approved Habitat Conservation Plan allowed the \n development of 350,000 acres of tortoise habitat, and set aside \n 61,022 acres, including all of James Doyle's land, as protected \n tortoise habitat reserve where no development was allowed;\n (13) to this end, the Habitat Conservation Plan expressly \n provided that the United States Fish and Wildlife Service would \n issue no incidental take permits for desert tortoises on \n reserve lands;\n (14) in return for placing the land in the tortoise \n reserve, the United States promised that it would acquire title \n to all of the private land, including James Doyle's, by \n exchange or purchase at fair market value;\n (15) despite extensive negotiations, the United States \n acquired only about 400 acres of James Doyle's land for the \n tortoise reserve, leaving the remainder of his acreage vacant \n and unproductive;\n (16) as the years passed, James Doyle's inability to \n develop or sell this remaining acreage resulted in severe \n financial limitations, leaving him unable to service the \n mortgages he had incurred on the land to finance acquisition \n and development costs;\n (17) on March 30, 2004, unable to develop, exchange, or \n sell the land, in which James Doyle had invested millions of \n dollars, James Doyle was forced to seek bankruptcy protection;\n (18) in 2010, James Doyle completed, and the bankruptcy \n court approved, a plan under which James Doyle was required to \n transfer to his creditors all but 274 acres of his land, which \n he still owns but cannot develop;\n (19) in 2015, James Doyle filed suit in the United States \n Court of Federal Claims, seeking just compensation for the land \n that has served as a tortoise reserve since 1996, and was taken \n without compensation;\n (20) the United States Court of Federal Claims dismissed \n James Doyle's claim, without prejudice, ruling that he must \n first seek and be denied a United States Fish and Wildlife \n Service permit to develop his land, even though it is within \n the Red Cliffs Desert Reserve where no development is allowed; \n and\n (21) the permit process would take several years and would \n be futile.\n\nSEC. 3. SETTLEMENT OF CLAIM.\n\n (a) In General.--The Secretary of the Treasury shall pay James \nDoyle, out of money not otherwise appropriated, a sum of money, in an \namount to be determined by the United States Court of Federal Claims, \nrepresenting the amount to which James Doyle may be entitled in order \nto make James Doyle whole for any damages and losses sustained by James \nDoyle by reason of the Federal Government's taking of approximately \n2,000 acres of his land located in the St. George area of Utah, now \ndesignated as the Red Cliffs Desert Reserve and set aside as habitat \nfor the Mojave desert tortoise, a species listed under the Endangered \nSpecies Act of 1973 (16 U.S.C. 1531 et seq.).\n (b) Full Satisfaction of Claims.--The payment made under subsection \n(a) shall be in full satisfaction of all claims of James Doyle against \nthe United States.","summary":"Provides for the relief of James Doyle, doing business as Rocky Mountain Ventures and Environmental Land Technologies, Ltd.","title":"Red Cliffs Desert Reserve Completion Act","text_len":6587,"sum_len":123} {"bill_id":"114_s2668","text":"SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS \n FOR INDIVIDUALS LIVING WITH HIV OR AIDS.\n\n (a) In General.--Subsection (c) of section 854 of the AIDS Housing \nOpportunity Act (42 U.S.C. 12903(c)) is amended by--\n (1) redesignating paragraph (3) as paragraph (5); and\n (2) striking paragraphs (1) and (2) and inserting the \n following:\n ``(1) Allocation of resources.--\n ``(A) Allocation formula.--The Secretary shall \n allocate 90 percent of the amount approved in \n appropriations Acts under section 863 among States and \n metropolitan statistical areas as follows:\n ``(i) 75 percent of such amounts among--\n ``(I) cities that are the most \n populous unit of general local \n government in a metropolitan \n statistical area with a population \n greater than 500,000, as determined on \n the basis of the most recent census, \n and with more than 2,000 individuals \n living with HIV or AIDS, using the data \n specified in subparagraph (B); and\n ``(II) States with more than 2,000 \n individuals living with HIV or AIDS \n outside of metropolitan statistical \n areas.\n ``(ii) 25 percent of such amounts among \n States and metropolitan statistical areas based \n on the method described in subparagraph (C).\n ``(B) Source of data.--For purposes of allocating \n amounts under this paragraph for any fiscal year, the \n number of individuals living with HIV or AIDS shall be \n the number of such individuals as confirmed by the \n Director of the Centers for Disease Control and \n Prevention, as of December 31 of the most recent \n calendar year for which such data is available.\n ``(C) Allocation under subparagraph (A)(ii).--For \n purposes of allocating amounts under subparagraph \n (A)(ii), the Secretary shall develop a method that \n accounts for--\n ``(i) differences in housing costs among \n States and metropolitan statistical areas based \n on the fair market rental established pursuant \n to section 8(c) of the United States Housing \n Act of 1937 (42 U.S.C. 1437f(c)) or another \n methodology established through a notice \n published by the Secretary in the Federal \n Register; and\n ``(ii) differences in poverty rates among \n States and metropolitan statistical areas based \n on area poverty indexes or another methodology \n established through a notice published by the \n Secretary in the Federal Register.\n ``(2) Maintaining grants.--\n ``(A) Continued eligibility of fiscal year 2016 \n grantees.--A grantee that received an allocation in \n fiscal year 2016 shall continue to be eligible for \n allocations under paragraph (1) in subsequent fiscal \n years, subject to--\n ``(i) the amounts available from \n appropriations Acts under section 863;\n ``(ii) approval under section 105 by the \n Secretary of the most recent comprehensive \n housing affordability strategy for the grantee; \n and\n ``(iii) the requirements of subparagraph \n (C).\n ``(B) Adjustments.--Allocations to grantees \n described in subparagraph (A) shall be adjusted \n annually based on sections 203 (except subsection (d)) \n and 209 of division C of the Consolidated and Further \n Continuing Appropriations Act, 2012 (Public Law 112-55; \n 125 Stat. 693) except that, in lieu of the number of \n cases of AIDS, such sections shall be adjusted, through \n a notice published by the Secretary in the Federal \n Register, to reflect the number of individuals living \n with HIV or AIDS, and the allocation factors under \n paragraph (1)(C) of this subsection.\n ``(C) Redetermination of continued eligibility.--\n The Secretary shall redetermine the continued \n eligibility of a grantee that received an allocation in \n fiscal year 2016 at least once during the 10-year \n period following fiscal year 2016.\n ``(D) Adjustment to grants.--For each of fiscal \n years 2017, 2018, 2019, 2020, and 2021, the Secretary \n shall ensure that a grantee that received an allocation \n in the prior fiscal year does not receive an allocation \n that is 5 percent less than or 10 percent greater than \n the share of total available formula funds allocated to \n such grantee in the preceding fiscal year.\n ``(3) Alternative grantees.--\n ``(A) Requirements.--The Secretary may award funds \n reserved for a grantee eligible under paragraph (1) to \n an alternative grantee if--\n ``(i) the grantee submits to the Secretary \n a written agreement between the grantee and the \n alternative grantee that describes how the \n alternative grantee will take actions \n consistent with the applicable comprehensive \n housing affordability strategy for the grantee \n approved under section 105 of this Act;\n ``(ii) the Secretary approves the written \n agreement described in clause (i) and agrees to \n award funds to the alternative grantee; and\n ``(iii) the written agreement does not \n exceed a term of 10 years.\n ``(B) Renewal.--An agreement approved pursuant to \n subparagraph (A) may be renewed by the parties with the \n approval of the Secretary.\n ``(C) Definition.--In this paragraph, the term \n `alternative grantee' means a public housing agency (as \n defined in section 3(b) of the United States Housing \n Act of 1937 (42 U.S.C. 1437a(b))), a unified funding \n agency (as defined in section 401 of the McKinney-Vento \n Homeless Assistance Act (42 U.S.C. 11360)), a State, a \n unit of general local government, or an instrumentality \n of State or local government.\n ``(4) Reallocations.--If a State or the city that is the \n most populous unit of general local government in a \n metropolitan statistical area declines an allocation under \n paragraph (1)(A), or the Secretary determines, in accordance \n with criteria specified in regulation, that a State or the city \n that is the most populous unit of general local government in a \n metropolitan statistical area that is eligible for an \n allocation under paragraph (1)(A) is unable to properly \n administer such allocation, the Secretary shall reallocate any \n funds reserved for such State or metropolitan statistical area \n as follows:\n ``(A) For funds reserved for a State--\n ``(i) to eligible metropolitan statistical \n areas within the State on a pro rata basis; or\n ``(ii) if there is no eligible metropolitan \n statistical area within a State, to \n metropolitan cities and urban counties within \n the State that are eligible for a grant under \n section 106 of the Housing and Community \n Development Act of 1974 (42 U.S.C. 5306), on a \n pro rata basis.\n ``(B) For funds reserved for a metropolitan \n statistical area, to the State in which the \n metropolitan statistical area is located.\n ``(C) If the Secretary is unable to make a \n reallocation under subparagraph (A) or (B), the \n Secretary shall make such funds available on a pro rata \n basis under the formula in paragraph (1)(A).''.\n (b) Amendment to Definitions.--Section 853 of the AIDS Housing \nOpportunity Act (42 U.S.C. 12902) is amended--\n (1) in paragraph (1), by inserting ``or `AIDS''' before \n ``means''; and\n (2) by inserting at the end the following new paragraphs:\n ``(15) The term `HIV' means infection with the human \n immunodeficiency virus.\n ``(16) The term `individuals living with HIV or AIDS' \n means, with respect to the counting of cases in a geographic \n area during a period of time, the sum of--\n ``(A) the number of living non-AIDS cases of HIV in \n the area; and\n ``(B) the number of living cases of AIDS in the \n area.''.","summary":"This bill amends the AIDS Housing Opportunity Act to revise the formula and requirements for distributing funds under the Housing Opportunities for Persons With Aids (HOPWA) Program. A grantee that received an allocation in FY2016 shall continue to be eligible for such allocations in subsequent fiscal years, subject to approval by the Department of Housing and Urban Development (HUD) and the amounts available from appropriations Acts. HUD shall: redetermine a grantee's eligibility at least once every 10 years, and ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation 5 less than or 10 greater than the share of total available formula funds allocated to that grantee in the preceding fiscal year. HUD may also award such funds to an alternative grantee if the original grantee agrees in a written document meeting HUD approval. References to quot, cases of AIDSquot, and quot, AIDS casesquot, shall be replaced by quot, individuals living with HIV or AIDS,quot. Which means, with respect to the counting of cases in a geographic area during a period of time, the sum of: the number of living non-AIDS cases of HIV in the area, and the number of living cases of AIDS in the area.","title":"A bill to provide housing opportunities for individuals living with HIV or AIDS.","text_len":10163,"sum_len":1237} {"bill_id":"106_hr1875","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Interstate Class \nAction Jurisdiction Act of 1999''.\n (b) Reference.--Whenever in this Act reference is made to an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of title \n28, United States Code.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) as recently noted by the United States Court of Appeals \n for the Third Circuit, interstate class actions are ``the \n paradigm for Federal diversity jurisdiction because, in a \n constitutional sense, they implicate interstate commerce, \n invite discrimination by a local State, and tend to attract \n bias against business enterprises'';\n (2) most such cases, however, fall outside the scope of \n current Federal diversity jurisdiction statutes;\n (3) that exclusion is an unintended technicality, inasmuch \n as those statutes were enacted by Congress before the rise of \n the modern class action and therefore without recognition that \n interstate class actions typically are substantial \n controversies of the type for which diversity jurisdiction was \n designed;\n (4) Congress is constitutionally empowered to amend the \n current Federal diversity jurisdiction statutes to permit most \n interstate class actions to be brought in or removed to Federal \n district courts; and\n (5) in order to ensure that interstate class actions are \n adjudicated in a fair, consistent, and efficient manner and to \n correct the unintended, technical exclusion of such cases from \n the scope of Federal diversity jurisdiction, it is appropriate \n for Congress to amend the Federal diversity jurisdiction and \n related statutes to allow more interstate class actions to be \n brought in or removed to Federal court.\n\nSEC. 3. JURISDICTION OF DISTRICT COURTS.\n\n (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by \nredesignating subsections (b), (c), and (d) as subsections (c), (d), \nand (e), respectively, and by inserting after subsection (a) the \nfollowing:\n ``(b)(1) The district courts shall have original jurisdiction of \nany civil action which is brought as a class action and in which--\n ``(A) any member of a proposed plaintiff class is a citizen \n of a State different from any defendant;\n ``(B) any member of a proposed plaintiff class is a foreign \n state and any defendant is a citizen of a State; or\n ``(C) any member of a proposed plaintiff class is a citizen \n of a State and any defendant is a citizen or subject of a \n foreign state.\nAs used in this paragraph, the term `foreign state' has the meaning \ngiven that term in section 1603(a).\n ``(2)(A) The district courts shall not exercise jurisdiction over a \ncivil action described in paragraph (1) if the action is--\n ``(i) an intrastate case;\n ``(ii) a limited scope case; or\n ``(iii) a State action case.\n ``(B) For purposes of subparagraph (A)--\n ``(i) the term `intrastate case' means a class action in \n which the record indicates that--\n ``(I) the claims asserted therein will be governed \n primarily by the laws of the State in which the action \n was originally filed; and\n ``(II) the substantial majority of the members of \n all proposed plaintiff classes, and the primary \n defendants, are citizens of the State in which the \n action was originally filed;\n ``(ii) the term `limited scope case' means a class action \n in which the record indicates that all matters in controversy \n asserted by all members of all proposed plaintiff classes do \n not in the aggregate exceed the sum or value of $1,000,000, \n exclusive of interest and costs, or a class action in which the \n number of members of all proposed plaintiff classes in the \n aggregate is less than 100; and\n ``(iii) the term `State action case' means a class action \n in which the primary defendants are States, State officials, or \n other governmental entities against whom the district court may \n be foreclosed from ordering relief.\n ``(3) Paragraph (1) shall not apply to any claim concerning a \ncovered security as that term is defined in section 16(f)(3) of the \nSecurities Act of 1933 and section 28(f)(5)(E) of the Securities \nExchange Act of 1934.\n ``(4) Paragraph (1) shall not apply to any class action solely \ninvolving a claim that relates to--\n ``(A) the internal affairs or governance of a corporation \n or other form of business enterprise and that arises under or \n by virtue of the laws of the State in which such corporation or \n business enterprise is incorporated or organized; or\n ``(B) the rights, duties (including fiduciary duties), and \n obligations relating to or created by or pursuant to any \n security (as defined under section 2(a)(1) of the Securities \n Act of 1933 and the regulations issued thereunder).''.\n (b) Conforming Amendment.--Section 1332(c) (as redesignated by this \nsection) is amended by inserting after ``Federal courts'' the \nfollowing: ``pursuant to subsection (a) of this section''.\n (c) Determination of Diversity.--Section 1332, as amended by this \nsection, is further amended by adding at the end the following:\n ``(f) For purposes of subsection (b), a member of a proposed class \nshall be deemed to be a citizen of a State different from a defendant \ncorporation only if that member is a citizen of a State different from \nall States of which the defendant corporation is deemed a citizen.''.\n\nSEC. 4. REMOVAL OF CLASS ACTIONS.\n\n (a) In General.--Chapter 89 is amended by adding after section 1452 \nthe following:\n``Sec. 1453. Removal of class actions\n ``(a) In General.--A class action may be removed to a district \ncourt of the United States in accordance with this chapter, but without \nregard to whether any defendant is a citizen of the State in which the \naction is brought, except that such action may be removed--\n ``(1) by any defendant without the consent of all \n defendants; or\n ``(2) by any plaintiff class member who is not a named or \n representative class member of the action for which removal is \n sought, without the consent of all members of such class.\n ``(b) When Removable.--This section shall apply to any class action \nbefore or after the entry of any order certifying a class, except that \na plaintiff class member who is not a named or representative class \nmember of the action may not seek removal of the action before an order \ncertifying a class of which the plaintiff is a class member has been \nentered.\n ``(c) Procedure for Removal.--The provisions of section 1446(a) \nrelating to a defendant removing a case shall apply to a plaintiff \nremoving a case under this section. With respect to the application of \nsubsection (b) of such section, the requirement relating to the 30-day \nfiling period shall be met if a plaintiff class member who is not a \nnamed or representative class member of the action for which removal is \nsought files notice of removal no later than 30 days after receipt by \nsuch class member, through service or otherwise, of the initial written \nnotice of the class action provided at the court's direction.\n ``(d) Exceptions.--\n ``(1) Covered securities.--This section shall not apply to \n any claim concerning a covered security as that term is defined \n in section 16(f)(3) of the Securities Act of 1933 and section \n 28(f)(5)(E) of the Securities Exchange Act of 1934.\n ``(2) Internal governance of business entities.--This \n section shall not apply to any class action solely involving a \n claim that relates to--\n ``(A) the internal affairs or governance of a \n corporation or other form of business enterprise and \n that arises under or by virtue of the laws of the State \n in which such corporation or business enterprise is \n incorporated or organized; or\n ``(B) the rights, duties (including fiduciary \n duties), and obligations relating to or created by or \n pursuant to any security (as defined under section \n 2(a)(1) of the Securities Act of 1933 and the \n regulations issued thereunder).''.\n (b) Removal Limitations.--Section 1446(b) is amended in the second \nsentence--\n (1) by inserting ``, by exercising due diligence,'' after \n ``ascertained''; and\n (2) by inserting ``(a)'' after ``section 1332''.\n (c) Technical and Conforming Amendments.--The table of sections for \nchapter 89 is amended by adding after the item relating to section 1452 \nthe following:\n\n``1453. Removal of class actions.''.\n (d) Application of Substantive State Law.--Nothing in this section \nor the amendments made by this section shall alter the substantive law \napplicable to an action to which the amendments made by section 3 of \nthis Act apply.\n (e) Procedure After Removal.--Section 1447 is amended by adding at \nthe end the following new subsection:\n ``(f) If, after removal, the court determines that no aspect of an \naction that is subject to its jurisdiction solely under the provisions \nof section 1332(b) may be maintained as a class action under Rule 23 of \nthe Federal Rules of Civil Procedure, it shall dismiss the action. An \naction dismissed pursuant to this subsection may be amended and filed \nagain in a State court, but any such refiled action may be removed \nagain if it is an action of which the district courts of the United \nStates have original jurisdiction. In any action that is dismissed \npursuant to this subsection and that is refiled by any of the named \nplaintiffs therein in the same State court venue in which the dismissed \naction was originally filed, the limitations periods on all reasserted \nclaims shall be deemed tolled for the period during which the dismissed \nclass action was pending. The limitations periods on any claims that \nwere asserted in a class action dismissed pursuant to this subsection \nthat are subsequently asserted in an individual action shall be deemed \ntolled for the period during which the dismissed class action was \npending.''.\n\nSEC. 5. APPLICABILITY.\n\n The amendments made by this Act shall apply to any action commenced \non or after the date of the enactment of this Act.\n\nSEC. 6. GAO STUDY.\n\n The Comptroller General of the United States shall, by not later \nthan 1 year after the date of the enactment of this Act, conduct a \nstudy of the impact of the amendments made by this Act on the workload \nof the Federal courts and report to the Congress on the results of the \nstudy.\n\n Passed the House of Representatives September 23, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case, (2) any claim concerning a covered security. And (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security. Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen. Allows a class action to be removed to a US district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants. Or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security. And (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security. Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained by exercising due diligence that the case is one which is or has become removable, with an exception. Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the US district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending. Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.","title":"Interstate Class Action Jurisdiction Act of 1999","text_len":11463,"sum_len":4128} {"bill_id":"113_s2504","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Heroin and Prescription Opioid Abuse \nPrevention, Education, and Enforcement Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) \n declares that many controlled substances have a useful and \n legitimate medical purpose and are necessary to maintain the \n health and general welfare of the people of the United States.\n (2) Health care professionals, medical experts, \n researchers, and scientists have found pain to be a major \n national health problem.\n (3) The responsible treatment of pain is a high priority \n for our Nation and the needs of individuals with pain must be \n taken into careful consideration when taking steps to prevent \n prescription drug misuse and abuse.\n (4) When no longer needed or wanted for legitimate pain \n management or health treatment, prescription opioids are \n susceptible to diversion. Prescription opioids also may be \n abused by individuals who were not prescribed such drugs or \n misused by individuals not taking such drugs as directed.\n (5) Approximately 4 out of 5 new heroin users report that \n they became addicted to prescription opioids before they used \n heroin for the first time.\n (6) According to the National Institute on Drug Abuse, \n heroin attaches to the same brain cell receptors as \n prescription opioids.\n (7) The low cost and high purity of currently available \n heroin has contributed to an increase in heroin use.\n (8) More people are using heroin, and are using heroin at a \n younger age. The National Survey on Drug Use and Health reports \n that new heroin users numbered 142,000 in 2010, and increased \n to 178,000 in 2011. In 2011, the average age at first use among \n heroin abusers between 12 and 49 years was 22.1 years. In 2009, \n the average age at first use among heroin abusers between 12 \n and 49 years was 25.5 years.\n (9) According to the Department of Health and Human \n Services, heroin use rose 79 percent nationwide between 2007 \n and 2012.\n (10) Deaths from heroin overdose have significantly \n increased in communities across the United States. According to \n the Centers for Disease Control and Prevention, the number of \n deaths involving heroin increased by 110 percent from 2006 to \n 2011. From 2010 to 2011, the number of heroin deaths rose from \n 3,036 to 4,397.\n (11) The Edward Byrne Memorial Justice Assistance Grant \n Program is critical to fighting the prescription opioid abuse \n and heroin use epidemics, and should be reauthorized and fully \n funded.\n\nSEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES.\n\n (a) Inter-Agency Task Force.--Not later than 120 days after the \ndate of enactment of this Act, the Secretary of Health and Human \nServices (referred to in this section as the ``Secretary''), in \ncooperation with the Secretary of Veterans Affairs, the Secretary of \nDefense, and the Administrator of the Drug Enforcement Administration, \nshall convene a Pain Management Best Practices Inter-Agency Task Force \n(referred to in this section as the ``task force'').\n (b) Membership.--The task force shall be comprised of--\n (1) representatives of--\n (A) the Department of Health and Human Services;\n (B) the Department of Veterans Affairs;\n (C) the Department of Defense;\n (D) the Drug Enforcement Administration; and\n (E) the Institute of Medicine;\n (2) the Director of the National Institutes of Health;\n (3) physicians and non-physician prescribers;\n (4) pharmacists;\n (5) experts in the fields of pain research and addiction \n research;\n (6) representatives of--\n (A) pain management professional organizations;\n (B) the mental health treatment community; and\n (C) pain advocacy groups; and\n (7) other stakeholders, as the Secretary determines \n appropriate.\n (c) Duties.--The task force shall--\n (1) not later than 180 days after the date on which the \n task force is convened, develop best practices for pain \n management and prescription pain medication prescribing \n practices, taking into consideration--\n (A) existing pain management research;\n (B) recommendations from relevant conferences; and\n (C) ongoing efforts at the State and local levels \n and by medical professional organizations to develop \n improved pain management strategies;\n (2) solicit and take into consideration public comment on \n the practices developed under paragraph (1), amending such best \n practices if appropriate; and\n (3) develop a strategy for disseminating information about \n the best practices developed under paragraphs (1) and (2) to \n prescribers, pharmacists, State medical boards, and other \n parties, as the Secretary determines appropriate.\n (d) Limitation.--The task force shall not have rulemaking \nauthority.\n (e) Report.--Not later than 270 days after the date on which the \ntask force is convened under subsection (a), the task force shall \nsubmit to Congress a report that includes--\n (1) the strategy for disseminating best practices developed \n under subsection (c);\n (2) the results of a feasibility study on linking best \n practices developed under paragraphs (1) and (2) of subsection \n (c) to receiving and renewing registrations under section \n 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and\n (3) recommendations on how to apply such best practices to \n improve prescribing practices at medical facilities of the \n Veterans Health Administration.\n\nSEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM.\n\n (a) Authorization of Appropriations.--To carry out the Harold \nRogers Prescription Drug Monitoring Program established under the \nDepartments of Commerce, Justice, and State, the Judiciary, and Related \nAgencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), \nthere is authorized to be appropriated $9,000,000 for each of fiscal \nyears 2015 through 2019.\n (b) GAO Report.--Not later than October 1, 2016, the Comptroller \nGeneral of the United States shall submit to Congress a report on the \neffectiveness of the Harold Rogers Prescription Drug Monitoring Program \nin reducing prescription drug abuse, and, to the extent practicable, \nany corresponding increase or decrease in the use of heroin.\n\nSEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM.\n\n Section 508 of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006 \nthrough 2012'' and inserting ``2015 through 2019''.\n\nSEC. 6. OFFICE OF NATIONAL DRUG CONTROL POLICY.\n\n (a) Update of Plan To Account for Increased Heroin Use.--Not later \nthan 180 days after the date of enactment of this Act, the Director of \nthe Office of National Drug Control Policy shall revise the 2011 \nPrescription Drug Abuse Prevention Plan to reassess the approach under \nsuch plan to addressing prescription drug abuse in light of an increase \nin heroin use, and to outline actions or programs that can be carried \nout to reduce and prevent such abuse.\n (b) GAO Recommendations for Inter-Agency Coordination.--The \nDirector shall ensure that the Office of National Drug Control Policy \ntakes into account the report of the Government Accountability Office \nentitled ``Office of National Drug Control Policy: Office Could Better \nIdentify Opportunities to Increase Program Coordination'' issued on \nMarch 26, 2013 (GAO-13-333), and identifies opportunities to enhance \ninteragency coordination as part of the Prescription Drug Abuse \nPrevention Plan, as revised under subsection (a).\n\nSEC. 7. AWARENESS CAMPAIGNS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nadvance the education and awareness of providers, patients, and other \nappropriate stakeholders regarding the risk of abuse of prescription \nopioid drugs if such products are not taken as prescribed.\n (b) Drug-Free Media Campaign.--\n (1) In general.--The Office of National Drug Control \n Policy, in coordination with the Secretary of Health and Human \n Services and the Attorney General, shall establish a national \n drug awareness campaign.\n (2) Requirements.--The national drug awareness campaign \n under paragraph (1) shall--\n (A) take into account the association between \n prescription opioid abuse and heroin use; and\n (B) emphasize the similarities between heroin and \n prescription opioids and the effects of heroin and \n prescription opioids on the human body.\n (3) Available funds.--Funds for the national drug awareness \n campaign may be derived from amounts appropriated to the Office \n of National Drug Control Policy and otherwise available for \n obligation and expenditure.","summary":"Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force. Reauthorizes the Harold Rogers Prescription Drug Monitoring Program through FY2019. Requires the Comptroller General (GAO) to report on the effectiveness of the program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program through FY2019. Requires the Director of the Office of National Drug Control Policy (ONDCP) to: revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach to addressing prescription drug abuse in light of an increase in heroin use and to outline actions or programs to reduce and prevent such abuse, and ensure that ONDCP takes into account a specified GAO report concerning program coordination and identifies opportunities to enhance interagency coordination as part of the Plan. Requires the Secretary to advance the education and awareness of providers, patients, and stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. Directs ONDCP to establish a national drug awareness campaign that: takes into account the association between prescription opioid abuse and heroin use, and emphasizes the similarities between heroin and prescription opioids and the effects of these on the human body.","title":"Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014","text_len":9580,"sum_len":1600} {"bill_id":"103_hr2415","text":"SECTION 1. SHORT TITLE.\n\n That this Act may be cited as the ``Reserve Account for \nAdministrative Savings Act of 1993''.\n\nSEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS.\n\n Subchapter II of chapter 15 of title 31, United States Code, is \namended by adding at the end the following:\n``Sec. 1520. Special rule for apportioning salaries and expenses within \n an appropriation\n ``(a) All appropriations for salaries and expenses shall be \napportioned as necessary to carry out this section.\n ``(b)(1) Except as provided by paragraph (2), in apportioning any \nappropriation for salaries and expenses for a fiscal year under this \nsection, a reserve shall be established in an amount that is equal to 5 \npercent of the actual amount incurred for those salaries and expenses \nin the immediately preceding fiscal year.\n ``(2) The size of each reserve to be established under paragraph \n(1) for a fiscal year shall (if applicable) be reduced by a dollar \namount equal to the amount by which that fiscal year's appropriation \nfor salaries and expenses is less than the actual amount incurred for \nthose salaries and expenses in the immediately preceding fiscal year.\n ``(c) Each appropriation subject to this section shall be \napportioned by the appropriate official referred to in section 1513 and \nwithin the applicable time parameters set forth in that section.\n ``(d) The head of each agency that has an appropriation for \nsalaries and expenses for a fiscal year subject to this section shall, \nwithin 60 days after the beginning of that fiscal year or within 60 \ndays after the date of enactment of the law by which the appropriation \nfor that fiscal year is made available, whichever occurs later, and \nafter consultation with it chief financial officer and the Deputy \nDirector for Management (or his or her designee) of the Office of \nManagement and Budget, make recommendations to the President of changes \nin laws or regulations or other changes that should be made to bring \nabout a more efficient and cost-effective operation and thereby reduce \nsalaries and expenditures without jeopardizing any programs that agency \nadministers.\n ``(e) The President's annual budget submission for a budget year \nunder section 1105(a) shall include a special message which sets forth \non an agency-by-agency basis a recommendation for the current fiscal \nyear of whether--\n ``(1) for the programs that agency administers to be \n maintained at a proper administrative level the release of all \n or part of those funds held in reserve under subsection (b) is \n necessary;\n ``(2) those programs can function effectively at reduced \n levels and the funds held in reserve under subsection (b) \n should be rescinded and returned to the Treasury; or\n ``(3) supplemental appropriations for other programs are \n necessary and can be offset by rescissions of the funds held in \n reserve under subsection (b).\nIf that special message recommends the option set forth in paragraph \n(1) for any agency, then the President shall include with that special \nmessage a bill that, if enacted, would release specified amounts of \nfunds held in reserve under subsection (b) as set forth in that bill.\n ``(f) Except to the extent that a law is enacted under section 1521 \nrequiring the release of all or part of the money reserved under \nsubsection (b), on August 1 of the calendar year during which a fiscal \nyear ends, all funds held in any reserve under subsection (b) \nrespecting that fiscal year are hereby rescinded and shall be promptly \nreturned to the general fund of the Treasury.\n``Sec. 1521. Fast-track supplemental appropriation of amounts not to \n exceed aggregate amount rescinded under section 1520\n ``(a)(1) Before the close of the second legislative day of the \nHouse of Representatives after the date of receipt of a special message \ntransmitted to Congress under section 1520(e), the majority leader or \nminority leader of the House of Representatives shall introduce (by \nrequest) the draft bill accompanying that special message. If the bill \nis not introduced as provided in the preceding sentence, then, on the \nthird legislative day of the House of Representatives after the date of \nreceipt of that special message, any Member of that House may introduce \nthe bill.\n ``(2) The bill shall be referred to the Committee on Appropriations \nof the House of Representatives. The committee shall report the bill \nwith or without recommendation. The bill shall be reported not later \nthan the seventh legislative day of that House after the date of \nreceipt of that special message. If the Committee on Appropriations \nfails to report the bill within that period, that committee shall be \nautomatically discharged from consideration of the bill, and the bill \nshall be placed on the appropriate calendar.\n ``(3) During consideration under this subsection, any Member of the \nHouse of Representatives may move to strike any provision of the bill \nor offer an amendment to reduce any amount proposed to be released.\n ``(4) A vote on final passage of the bill shall be taken in the \nHouse of Representatives on or before the close of the 10th legislative \nday of that House after the date of the introduction of the bill in \nthat House. If the bill is passed, the Clerk of the House of \nRepresentatives shall cause the bill to be engrossed, certified, and \ntransmitted to the Senate within one calendar day of the day on which \nthe bill is passed.\n ``(5)(A) A motion in the House of Representatives to proceed to the \nconsideration of a bill under this section shall be highly privileged \nand not debatable. An amendment to the motion shall not be in order, \nnor shall it be in order to move to reconsider the vote by which the \nmotion is agreed to or disagreed to.\n ``(B) Debate in the House of Representatives on a bill under this \nsection shall not exceed 4 hours, which shall be divided equally \nbetween those favoring and those opposing the bill. A motion further to \nlimit debate shall not be debatable. It shall not be in order to move \nto recommit a bill under this section or to move to reconsider the vote \nby which the bill is agreed to or disagreed to.\n ``(C) Appeals from decisions of the Chair relating to the \napplication of the Rules of the House of Representatives to the \nprocedure relating to a bill under this section shall be decided \nwithout debate.\n ``(D) Except to the extent specifically provided in the preceding \nprovisions of this subsection, consideration of a bill under this \nsection shall be governed by the Rules of the House of Representatives.\n ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) \nshall be referred to its Committee on Appropriations. The committee \nshall report the bill with or without recommendation. The bill shall be \nreported not later than the seventh legislative day of the Senate after \nit receives the bill. A committee failing to report the bill within \nsuch period shall be automatically discharged from consideration of the \nbill, and the bill shall be placed upon the appropriate calendar.\n ``(B) During consideration under this subsection, any Member of the \nSenate may move to strike any provision of the bill or offer an \namendment to reduce any amount proposed to be released.\n ``(C) A vote on final passage of a bill transmitted to the Senate \nshall be taken on or before the close of the 10th legislative day of \nthe Senate after the date on which the bill is transmitted. If the bill \nis passed in the Senate without amendment, the Secretary of the Senate \nshall cause the engrossed bill to be returned to the House of \nRepresentatives.\n ``(7)(A) A motion in the Senate to proceed to the consideration of \na bill under this subsection shall be privileged and not debatable. An \namendment to the motion shall not be in order, nor shall it be in order \nto move to reconsider the vote by which the motion is agreed to or \ndisagreed to.\n ``(B) Debate in the Senate on a bill under this subsection, and all \ndebatable motions and appeals in connection therewith, shall not exceed \n10 hours. The time shall be equally divided between, and controlled by, \nthe majority leader and the minority leader or their designees.\n ``(C) Debate in the Senate on any debatable motion or appeal in \nconnection with a bill under this section shall be limited to not more \nthan 1 hour, to be equally divided between, and controlled by, the \nmover and the manager of the bill, except that in the event the manager \nof the bill is in favor of any such motion or appeal, the time in \nopposition thereto, shall be controlled by the minority leader or his \ndesignee. Such leaders, or either of them, may, from time under their \ncontrol on the passage of a bill, allot additional time to any Senator \nduring the consideration of any debatable motion or appeal.\n ``(D) A motion in the Senate to further limit debate on a bill \nunder this subsection is not debatable. A motion to recommit a bill \nunder this section is not in order.\n ``(b) Amendments and Divisions.--No amendment to a bill considered \nunder this section shall be in order in either the House of \nRepresentatives or the Senate except an amendment to strike a provision \nof the bill or to reduce an amount proposed to be restored by the bill. \nIt shall not be in order to demand a division of the question in the \nHouse of Representatives (or in a Committee of the Whole) or in the \nSenate. No motion to suspend the application of this subsection shall \nbe in order in either House, nor shall it be in order in either House \nto suspend the application of this subsection by unanimous consent.\n ``(c) Requirement to Make Available for Obligation.--Any amount of \nbudget authority proposed to be restored in a special message \ntransmitted to Congress under section 1520(e) shall be made available \nfor obligation on the day after the date on which the bill proposing to \nrestore such amount of budget authority is enacted into law unless it \nhas been automatically rescinded under that section.\n ``(d) Definition.--For purposes of this section, the term \n`legislative day' means, with respect to either House of Congress, any \nday during which that House is in session.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall only apply to fiscal years \n1994, 1995, 1996, 1997, and 1998 and shall have no force or effect \nafter September 30, 1998.","summary":"Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations.","title":"Reserve Account for Administrative Savings Act of 1993","text_len":10553,"sum_len":446} {"bill_id":"115_hr6952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Caregiver Credit Act \nof 2018''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that:\n (1) Caregiving is an essential element of family life and a \n vital service for children, the ill, the disabled, and the \n elderly.\n (2) The establishment of a caregiver credit would bolster \n the economic prospects of unpaid caregivers and would provide \n them with vital retirement security.\n (3) The 2018 Annual Report of the Board of Trustees of the \n Federal Old-Age and Survivors Insurance and Federal Disability \n Insurance Trust Funds concluded that the combined Trust Funds \n will be able to pay scheduled benefits in full until 2034.\n (4) While there is no immediate crisis, policy options \n should be considered to extend OASDI solvency, including by \n eradicating the gender wage gap, increasing overall employment, \n or increasing the minimum wage.\n\nSEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.\n\n (a) In General.--Title II of the Social Security Act is amended by \nadding after section 234 (42 U.S.C. 434) the following new section:\n\n ``deemed wages for caregivers of dependent relatives\n\n ``Sec. 235. (a) Definitions.--For purposes of this section--\n ``(1) The term `qualifying month' means, in connection with \n an individual, a month during which such individual was engaged \n for not less than 80 hours in providing care to a dependent \n relative without monetary compensation. Such term does not \n include any month ending after the date on which such \n individual attains retirement age (as defined in section \n 216(l)).\n ``(2) The term `dependent relative' means, in connection \n with an individual--\n ``(A) a child, grandchild, niece, or nephew (of \n such individual or such individual's spouse or domestic \n partner), or a child to which the individual or the \n individual's spouse or domestic partner is standing in \n loco parentis, who is under the age of 12, or\n ``(B) a child, grandchild, niece, or nephew (of \n such individual or such individual's spouse or domestic \n partner), a child to which the individual or the \n individual's spouse or domestic partner is standing in \n loco parentis, a parent, aunt, or uncle (of such \n individual or his or her spouse or domestic partner), \n or such individual's spouse or domestic partner, if \n such child, grandchild, niece, nephew, parent, aunt, \n uncle, spouse, or domestic partner is a chronically \n dependent individual.\n ``(3)(A) The term `chronically dependent individual' means \n an individual who--\n ``(i) is dependent on a daily basis on verbal \n reminding, physical cueing, supervision, or other \n assistance provided to the individual by another person \n in the performance of at least two of the activities of \n daily living (described in subparagraph (B)), and\n ``(ii) without the assistance described in clause \n (i), could not perform such activities of daily living.\n ``(B) The `activities of daily living' referred to in \n subparagraph (A) are the following:\n ``(i) Eating.\n ``(ii) Bathing.\n ``(iii) Dressing.\n ``(iv) Toileting.\n ``(v) Transferring in and out of a bed or in and \n out of a chair.\n ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of \ndetermining entitlement to and the amount of any monthly benefit for \nany month after December 2018, or entitlement to and the amount of any \nlump-sum death payment in the case of a death after such month, payable \nunder this title on the basis of the wages and self-employment income \nof any individual, and for purposes of section 216(i)(3), such \nindividual shall be deemed to have been paid during each qualifying \nmonth (in addition to wages or self-employment income actually paid to \nor derived by such individual during such month) at an amount per month \nequal to--\n ``(i) in the case of a qualifying month during which no \n wages or self-employment income were actually paid to or \n derived by such individual, 50 percent of the national average \n wage index (as defined in section 209(k)(1)) for the second \n calendar year preceding the calendar year in which such month \n occurs; and\n ``(ii) in the case of any other qualifying month, the \n excess of the amount determined under clause (i) over \\1\/2\\ of \n the wages or self-employment income actually paid to or derived \n by such individual during such month.\n ``(B) In any case in which there are more than 60 qualifying months \nfor an individual, only the last 60 of such months shall be taken into \naccount for purposes of this section.\n ``(2) Paragraph (1) shall not be applicable in the case of any \nmonthly benefit or lump-sum death payment if a larger such benefit or \npayment, as the case may be, would be payable without its application.\n ``(c) Identification Requirements.--A qualifying month shall not be \ntaken into account under this section with respect to an individual \nunless such individual provides the Commissioner of Social Security \nwith the name and identifying information of the dependent relative \nwith respect to whom the individual was engaged in providing care \nduring such month, and other information as the Commissioner may \nrequire to verify the status of the dependent relative, on whatever \napplication may be required to obtain benefits under this section.''.\n (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. \n409(k)(1)) is amended--\n (1) by striking ``and'' before ``230(b)(2)''; and\n (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.","summary":"Social Security Caregiver Credit Act of 2018 This bill credits annbsp. Individual with deemed wages, for purposes of calculating Old Age, Survivors, and Disability Insurance benefits,nbsp. For up to five years of service as a caregiver of a dependent relative. Specifically, an individual shall be deemed to have been paid a wage during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirementnbsp. Shall not apply if a larger benefit or payment would otherwise be payable.","title":"Social Security Caregiver Credit Act of 2018","text_len":6285,"sum_len":584} {"bill_id":"115_hr250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Judicial Administration and \nImprovement Act of 2016''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Former ninth circuit.--The term ``former ninth \n circuit'' means the ninth judicial circuit of the United States \n as in existence on the day before the effective date of this \n Act.\n (2) New ninth circuit.--The term ``new ninth circuit'' \n means the ninth judicial circuit of the United States \n established by the amendment made by section 3.\n (3) Twelfth circuit.--The term ``twelfth circuit'' means \n the twelfth judicial circuit of the United States established \n by the amendment made by section 3.\n\nSEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.\n\n Section 41 of title 28, United States Code, is amended--\n (1) in the matter preceding the table, by striking \n ``thirteen'' and inserting ``fourteen''; and\n (2) in the table--\n (A) by striking the item relating to the ninth \n circuit and inserting the following:\n\n ``Ninth........................\n California, Hawaii, Oregon, \n Washington, Guam, \n Northern Mariana \n Islands.'';\n and\n (B) by inserting after the item relating to the \n eleventh circuit the following:\n\n ``Twelfth......................\n Alaska, Arizona, Idaho, \n Montana, Nevada.''.\n\nSEC. 4. NUMBER OF CIRCUIT JUDGES.\n\n The table contained in section 44(a) of title 28, United States \nCode, is amended--\n (1) by striking the item relating to the ninth circuit and \n inserting the following:\n\n\n``Ninth......................................................... 21'';\n \n\n and\n (2) by inserting after the item relating to the eleventh \n circuit the following:\n\n\n``Twelfth....................................................... 8''.\n \n\nSEC. 5. PLACES OF CIRCUIT COURT.\n\n The table contained in section 48(a) of title 28, United States \nCode, is amended by inserting after the item relating to the eleventh \ncircuit the following:\n\n ``Twelfth......................\n Las Vegas, Phoenix, Anchorage, \n Missoula.''.\n\nSEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.\n\n (a) In General.--Each circuit judge of the former ninth circuit who \nis in regular active service and whose official duty station on the day \nbefore the effective date of this Act--\n (1) is in California, Oregon, Washington, Guam, Hawaii, or \n the Northern Mariana Islands shall be a circuit judge of the \n new ninth circuit as of such effective date; and\n (2) subject to subsection (b), is in Alaska, Arizona, \n Idaho, Montana, or Nevada, shall be a circuit judge of the \n twelfth circuit as of such effective date.\n (b) Election by Certain Circuit Judges.--A circuit judge in regular \nactive service as described in subsection (a)(2) may elect to be \npermanently assigned to the new ninth circuit as of such effective date \nby notifying the Director of the Administrative Office of the United \nStates Courts of such election.\n (c) Vacancies.--For each individual serving in the position of \ncircuit judge of the former ninth circuit whose official duty station \non the day before the effective date of this Act is in Alaska, Arizona, \nIdaho, Montana, or Nevada, after the date on which such individual \nceases to serve as a circuit judge, the President shall appoint, by and \nwith the advice and consent of the Senate, 1 additional circuit judge \nfor the twelfth circuit, without regard to whether such individual \nmakes an election described in subsection (b).\n\nSEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.\n\n Each judge who is a senior circuit judge of the former ninth \ncircuit, whose official duty station on the day before the effective \ndate of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may \nelect to be assigned to the new ninth circuit or the twelfth circuit as \nof such effective date and shall notify the Director of the \nAdministrative Office of the United States Courts of such election.\n\nSEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS.\n\n (a) In General.--For each circuit judge in regular active service \nwho elects to be assigned to the new ninth circuit under section 6(b), \nthe President shall appoint, by and with the advice and consent of the \nSenate, 1 additional circuit judge for the twelfth circuit, resident in \nthe duty station of the circuit judge making the election as of the day \nbefore the effective date of this Act.\n (b) Vacancies.--For each appointment made under subsection (a) for \nthe twelfth circuit, an equal number of corresponding vacancies in the \nposition of circuit judge for the twelfth circuit shall not be filled.\n\nSEC. 9. SENIORITY OF JUDGES.\n\n (a) In General.--The seniority of each judge--\n (1) who elects to be assigned to the twelfth circuit under \n section 6(b);\n (2) who elects to be assigned to the new ninth circuit \n under section 6(b); or\n (3) who elects to be assigned to the twelfth circuit under \n section 7,\nshall run from the date of commission of such judge as a judge of the \nformer ninth circuit.\n (b) Temporary Twelfth Circuit Judges.--The seniority of each judge \nappointed under section 8(a) shall run from the date of commission of \nsuch judge as a judge of the twelfth circuit.\n\nSEC. 10. APPLICATION TO CASES.\n\n The following apply to any case in which, on the day before the \neffective date of this Act, an appeal or other proceeding has been \nfiled with the former ninth circuit:\n (1) Except as provided in paragraph (3), if the matter has \n been submitted for decision, further proceedings with respect \n to the matter shall be had in the same manner and with the same \n effect as if this Act had not been enacted.\n (2) If the matter has not been submitted for decision, the \n appeal or proceeding, together with the original papers, \n printed records, and record entries duly certified, shall, by \n appropriate orders, be transferred to the court to which the \n matter would have been submitted had this Act been in full \n force and effect on the date on which such appeal was taken or \n other proceeding commenced, and further proceedings with \n respect to the case shall be had in the same manner and with \n the same effect as if the appeal or other proceeding had been \n filed in such court.\n (3) If a petition for rehearing en banc is pending on or \n after the effective date of this Act, the petition shall be \n considered by the court of appeals to which the petition would \n have been submitted had this Act been in full force and effect \n on the date on which the appeal or other proceeding was filed \n with the court of appeals.\n\nSEC. 11. ADMINISTRATION.\n\n (a) In General.--The court of appeals for the ninth circuit as \nconstituted on the day before the effective date of this Act may take \nsuch administrative action as may be required to carry out this Act and \nthe amendments made by this Act.\n (b) Administrative Termination.--The court described in subsection \n(a) shall cease to exist for administrative purposes 2 years after the \neffective date of this Act.\n\nSEC. 12. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 1 \nyear after the date of enactment of this Act.\n\nSEC. 13. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act and the amendments made by this Act, \nincluding such sums as may be necessary to provide appropriate space \nand facilities for any judicial positions created by this Act or an \namendment made by this Act.","summary":"Judicial Administration and Improvement Act of 2016 sic This bill divides the US Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands. And (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.","title":"Judicial Administration and Improvement Act of 2016","text_len":8295,"sum_len":850} {"bill_id":"104_hr1668","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Fraud and Abuse Control Act \nof 1995''.\n\nSEC. 2. ESTABLISHMENT OF MEDICARE FRAUD AND ABUSE CONTROL PROGRAM.\n\n (a) In General.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nestablish a program to improve the prevention, detection, and control \nof fraud and abuse under the medicare program.\n (b) Award of Portion of Amounts Collected to Individuals Providing \nInformation.--Under the program established pursuant to subsection (a), \nthe Secretary shall pay a portion of any civil monetary penalty \nassessed under the medicare program to any individual or entity who \nprovided information which served as the basis for the assessment of \nthe penalty, under the same terms and conditions applicable to awards \nto qui tam plaintiffs under chapter 37 of title 31, United States Code.\n\nSEC. 3. PROVIDING INFORMATION ON REPORTING FRAUD AND ABUSE WITH \n MEDICARE CLAIMS AND BENEFIT FORMS.\n\n (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. \n1395 et seq.) is amended by adding at the end the following new \nsection:\n\n ``solicitation of information on fraud and abuse\n\n ``Sec. 1893. With each explanation of benefits provided to an \nindividual to whom items or services are furnished under this title and \nwith each notice of payment provided to an individual or entity \nfurnishing an item or service for which payment is made under this \ntitle, the Secretary shall include a statement soliciting any \ninformation the individual or entity may possess on any fraud and abuse \ncommitted against the program under this title, together with a toll-\nfree telephone number through which the individual or entity may report \nsuch information.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to items and services furnished and payments made under title \nXVIII of the Social Security Act on or after January 1, 1996.\n\nSEC. 4. INCREASE IN AMOUNT OF PENALTIES.\n\n (a) In General.--\n (1) General civil monetary penalties.--Section 1128A of the \n Social Security Act (42 U.S.C. 1320a-7a) is amended--\n (A) in subsection (a)--\n (i) by striking ``$2,000'' and inserting \n ``$4,000'', and\n (ii) by striking ``$15,000'' and inserting \n ``$30,000''; and\n (B) in subsection (b), by striking ``$2,000'' each \n place it appears and inserting ``$4,000''.\n (2) Criminal penalties.--Section 1128B of such Act (42 \n U.S.C. 1320a-7b) is amended--\n (A) in subsection (a)--\n (i) by striking ``$25,000'' and inserting \n ``$50,000'', and\n (ii) by striking ``$10,000'' and inserting \n ``$20,000'';\n (B) in subsections (b), (c), and (d), by striking \n ``$25,000'' each place it appears and inserting \n ``$50,000''; and\n (C) in subsection (e), by striking ``$2,000'' and \n inserting ``$4,000''.\n (3) Standards for nursing facilities.--\n (A) Providing advance notice of survey to nursing \n facility.--Section 1819(g)(2)(A)(i) of such Act (42 \n U.S.C. 1395i@3(g)(2)(A)(i)) is amended by striking \n ``$2,000'' and inserting ``$4,000''.\n (B) Noncompliance with nursing facility \n standards.--Section 1819(h)(2)(B)(ii) of such Act (42 \n U.S.C. 1395i@3(h)(2)(B)(ii)) is amended by striking \n ``$10,000'' and inserting ``$20,000''.\n (4) Failure to provide information on referring physician \n on unassigned claims.--Section 1833(q)(2)(B)(i) of such Act (42 \n U.S.C. 1395l(q)(2)(B)(i)) is amended by striking ``$2,000'' and \n inserting ``$4,000''.\n (5) Distribution by suppliers of medical equipment of \n medical necessity forms.--Section 1834(j)(2)(A)(iii) of such \n Act (42 U.S.C. 1395m(j)(2)(A)(iii)), as added by section \n 131(a)(1) of the Social Security Act Amendments of 1994, is \n amended by striking ``$1,000'' and inserting ``$2,000''.\n (6) Failure to include diagnosis code on unassigned \n claims.--Section 1842(p)(3)(A) of such Act (42 U.S.C. \n 1395u(p)(3)(A)) is amended by striking ``$2,000'' and inserting \n ``$4,000''.\n (7) Intermediate sanctions for providers or suppliers of \n clinical diagnostic laboratory tests.--Section \n 1846(b)(2)(A)(ii) of such Act (42 U.S.C. 1395w@2(b)(2)(A)(ii)) \n is amended by striking ``$10,000'' and inserting ``$20,000''.\n (8) Medicare secondary payer.--\n (A) Offering financial incentives for beneficiaries \n not to enroll in primary plans.--The second sentence of \n section 1862(b)(3)(C) of such Act (42 U.S.C. \n 1395y(b)(3)(C)) is amended by striking ``$5,000'' and \n inserting ``$10,000''.\n (B) Failure of employer to provide matching \n information on secondary payer situations.--The second \n sentence of section 1862(b)(5)(C)(ii) of such Act (42 \n U.S.C. 1395y(b)(5)(C)(ii)) is amended by striking \n ``$1,000'' and inserting ``$2,000''.\n (C) Failure of provider to provide information on \n availability of other payers.--Section 1862(b)(6)(B) of \n such Act (42 U.S.C. 1395y(b)(6)(B)), as added by \n section 151(a)(2)(A) of the Social Security Act \n Amendments of 1994, is amended by striking ``$2,000'' \n and inserting ``$4,000''.\n (9) Improper billing by hospitals.--Section 1866(g) of such \n Act (42 U.S.C. 1395cc(g)) is amended by striking ``$2,000'' and \n inserting ``$4,000''.\n (10) Violation of anti-dumping restrictions.--Section \n 1867(d)(1) of such Act (42 U.S.C. 1395dd(d)(1)) is amended--\n (A) by striking ``$50,000'' each place it appears \n and inserting ``$100,000''; and\n (B) in subparagraph (A), by striking ``$25,000'' \n and inserting ``$50,000''.\n (11) Sanctions against health maintenance organizations.--\n Section 1876(i)(6)(B)(i) of such Act (42 U.S.C. \n 1395mm(i)(6)(B)(i)) is amended--\n (A) by striking ``$25,000'' and inserting \n ``$50,000'';\n (B) by striking ``$100,000'' and inserting \n ``$200,000''; and\n (C) by striking ``$15,000'' and inserting \n ``$30,000''.\n (12) Referrals by physicians with ownership or investment \n interests.--\n (A) Improper claims.--Section 1877(g)(3) of such \n Act (42 U.S.C. 1395nn(g)(3)) is amended by striking \n ``$15,000'' and inserting ``$30,000''.\n (B) Circumvention schemes.--Section 1877(g)(4) of \n such Act (42 U.S.C. 1395nn(g)(4)) is amended by \n striking ``$100,000'' and inserting ``$200,000''.\n (C) Failure to report information.--Section \n 1877(g)(5) of such Act (42 U.S.C. 1395nn(g)(5)) is \n amended by striking ``$10,000'' and inserting \n ``$20,000''.\n (13) Medicare supplemental policies.--\n (A) Issuance of policies where no standards in \n effect.--The second sentence of section 1882(a)(2) of \n such Act (42 U.S.C. 1395ss(a)(2)) is amended by \n striking ``$25,000'' and inserting ``$50,000''.\n (B) Misrepresentations of policies.--Section \n 1882(d) of such Act (42 U.S.C. 1395ss(d)) is amended--\n (i) in paragraphs (1), (2), and (4)(A), by \n striking ``$5,000'' and inserting ``$10,000''; \n and\n (ii) in paragraphs (3)(A) and (3)(B)(iv), \n by striking ``$25,000 (or $15,000'' and \n inserting ``$50,000 (or $30,000''.\n (C) Violation of benefits standards.--Section \n 1882(p) of such Act (42 U.S.C. 1395ss(p)) is amended by \n striking ``$25,000 (or $15,000'' each place it appears \n in paragraphs (8) and (9)(C) and inserting ``$50,000 \n (or $30,000''.\n (D) Violation of guaranteed renewability \n standards.--Section 1882(q)(5)(C) of such Act (42 \n U.S.C. 1395ss(q)(5)(C)) is amended by striking \n ``$25,000'' and inserting ``$50,000''.\n (E) Violation of loss ratio standards.--Section \n 1882(r)(6)(A) of such Act (42 U.S.C. 1395ss(r)(6)(A)) \n is amended by striking ``$25,000'' and inserting \n ``$50,000''.\n (F) Violation of pre-existing condition \n standards.--Section 1882(s)(3) of such Act (42 U.S.C. \n 1395ss(s)(3)) is amended by striking ``$5,000'' and \n inserting ``$10,000''.\n (G) Medicare select policies.--Section 1882(t)(2) \n of such Act (42 U.S.C. 1395ss(t)(2)) is amended by \n striking ``$25,000'' and inserting ``$50,000''.\n (14) Violation of home health participation standards.--\n Section 1891 of such Act (42 U.S.C. 1395bbb) is amended--\n (A) in subsection (a)(3)(D)(iii)(III), by striking \n ``$5,000'' and inserting ``$10,000'';\n (B) in subsection (c)(1), by striking ``$2,000'' \n and inserting ``$4,000'' ; and\n (C) in subsection (f)(2)(A)(i), by striking \n ``$10,000'' and inserting ``$20,000''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to civil monetary penalties imposed with respect to acts or \nomissions occurring on or after January 1, 1996.","summary":"Medicare Fraud and Abuse Control Act of 1995 - Directs the Secretary of Health and Human Services to establish a federal program to prevent, detect, and control fraud and abuse under Medicare. Requires the Secretary to pay a portion of any civil monetary penalty for a Medicare violation to any person or entity whose information led to the imposition of that penalty. Amends title XVIII (Medicare) of the Social Security Act: (1) to require that a statement soliciting information of any fraud or abuse be included with every explanation of benefits received and notice of payment made under Medicare. And (2) to double the amount of criminal and civil monetary penalties that are assessed for various Medicare violations.","title":"Medicare Fraud and Abuse Control Act of 1995","text_len":10447,"sum_len":723} {"bill_id":"108_s2727","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International and Foreign Language \nStudies Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In recent years, foreign language needs have \n significantly increased throughout the Federal Government due \n to the presence of a wider range of security threats, the \n emergence of new nation states, and the globalization of the \n United States economy.\n (2) Likewise, American businesses increasingly need \n internationally and multiculturally experienced employees to \n compete in the global economy and to manage a culturally \n diverse workforce.\n (3) Currently, the Federal Government requires 34,000 \n employees with foreign language skills across more than 70 \n Federal agencies.\n (4) Federal agency officials have stated that, over the \n years, translator and interpreter shortfalls have adversely \n affected agency operations and hindered United States military, \n law enforcement, intelligence, counterterrorism, and diplomatic \n efforts.\n (5) In a 2002 General Accounting Office report, the United \n States Army reported that it was experiencing serious \n shortfalls of translators and interpreters in 5 of its 6 \n critical languages: Arabic, Korean, Mandarin Chinese, Persian-\n Farsi, and Russian.\n (6) The number of Foreign Language and Area Studies \n Fellowships awarded in 2003 was 30 percent less than the number \n awarded at its high point in 1967.\n (7) In the 2000-2001 school year, the number of foreign \n language degrees conferred was 1 percent of the total \n undergraduate degrees conferred, less than .05 percent of the \n total masters degrees conferred, and 1 percent of the total \n doctoral degrees conferred.\n (8) In the 2003 National Survey of Student Engagement, only \n \\2\/5\\ of undergraduates reported taking foreign language \n coursework, while only 1 in 5 reported having studied abroad.\n (9) Only 1 percent of all United States undergraduates \n studied abroad in the 2001-2002 school year.\n (10) In 2002, 79 percent of Americans agreed that students \n should have a study-abroad experience sometime during college.\n (11) More than 40 percent of Americans said they were more \n likely to favor an increase in State funding for foreign \n language education at their local college or university after \n September 11, 2001.\n\nSEC. 3. REFERENCES.\n\n Except as otherwise expressly provided, wherever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Higher Education Act of \n1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 4. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND \n PROGRAMS.\n\n Section 602 (20 U.S.C. 1122) is amended--\n (1) in subsection (a)(2)--\n (A) in subparagraph (G), by striking ``and'' after \n the semicolon;\n (B) in subparagraph (H), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(I) support for instructors of the less commonly \n taught languages.'';\n (2) in subsection (b)--\n (A) in the subsection heading, by inserting ``and \n Undergraduate'' after ``Graduate''; and\n (B) by striking paragraph (2) and inserting the \n following:\n ``(2) Eligible student.--A student receiving a stipend \n described in paragraph (1) shall be engaged--\n ``(A) in an instructional program with stated \n performance goals for functional foreign language use \n or in a program developing such performance goals, in \n combination with area studies, international studies, \n or the international aspects of a professional studies \n program; and\n ``(B)(i) in the case of an undergraduate student, \n in the intermediate or advanced study of a less \n commonly taught language; or\n ``(ii) in the case of a graduate student, in \n graduate study work in connection with a program \n described in subparagraph (A), including \n predissertation level study, preparation for \n dissertation research, dissertation research abroad, or \n dissertation writing.''; and\n (3) by striking subsection (d) and inserting the \n following:\n ``(d) Allowances.--\n ``(1) Graduate level recipients.--A stipend awarded to a \n graduate level recipient may include allowances for dependents \n and for travel for research and study in the United States and \n abroad.\n ``(2) Undergraduate level recipients.--A stipend awarded to \n an undergraduate level recipient may include an allowance for \n educational programs in the United States or abroad that--\n ``(A) are closely linked to the overall goals of \n the recipient's course of study; and\n ``(B) have the purpose of promoting foreign \n language fluency and cultural knowledge.''.\n\nSEC. 5. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN \n LANGUAGE PROGRAMS.\n\n Section 604 (20 U.S.C. 1124) is amended--\n (1) in subsection (a)--\n (A) in paragraph (2)--\n (i) by redesignating subparagraphs (I) \n through (M) as subparagraphs (J) through (N), \n respectively; and\n (ii) by inserting after subparagraph (H) \n the following:\n ``(I) providing subgrants to undergraduate students \n for educational programs abroad that--\n (i) are closely linked to the overall goals \n of the program for which the grant is awarded; \n and\n (ii) have the purpose of promoting foreign \n language fluency and cultural knowledge;''; and\n (B) by adding at the end the following:\n ``(9) Limitation on undergraduate grants.--An institution \n of higher education, a combination of such institutions, or a \n partnership awarded a grant under this section shall use not \n more than 10 percent of the grant funds for the use described \n in paragraph (2)(I).''; and\n (2) by striking subsection (c).\n\nSEC. 6. AUTHORIZED ACTIVITIES.\n\n Section 605(a) (20 U.S.C. 1125(a)) is amended--\n (1) in paragraph (8), by striking ``and'' after the \n semicolon;\n (2) in paragraph (9), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(10) the systematic collection, analysis, and \n dissemination of data that contribute to achieving the purposes \n of this part.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000 \nfor fiscal year 1999'' and inserting ``$120,000,000 for fiscal year \n2005''.","summary":"International and Foreign Language Studies Act of 2004 - Amends the Higher Education Act of 1965 (HEA) to revise provisions for international and foreign language studies . Includes support for instructors of less commonly taught languages among activities of national language and area centers and programs. Makes undergraduate students eligible for fellowships for foreign language and area or international studies . Allows a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge and are closely linked to grant program goals. Authorizes the Secretary of Education to support data collection, analysis, and dissemination that helps achieve part A purposes. Extends and increases the authorization of appropriations for part A.","title":"A bill to amend part A of title VI of the Higher Education Act of 1965 regarding international and foreign language studies.","text_len":7739,"sum_len":907} {"bill_id":"109_s354","text":"OF CLAIMS.\n\n (a) In General.--Except as otherwise provided for in this section, \nthe time for the commencement of a health care lawsuit shall be 3 years \nafter the date of manifestation of injury or 1 year after the claimant \ndiscovers, or through the use of reasonable diligence should have \ndiscovered, the injury, whichever occurs first.\n (b) General Exception.--The time for the commencement of a health \ncare lawsuit shall not exceed 3 years after the date of manifestation \nof injury unless the tolling of time was delayed as a result of--\n (1) fraud;\n (2) intentional concealment; or\n (3) the presence of a foreign body, which has no \n therapeutic or diagnostic purpose or effect, in the person of \n the injured person.\n (c) Minors.--An action by a minor shall be commenced within 3 years \nfrom the date of the alleged manifestation of injury except that if \nsuch minor is under the full age of 6 years, such action shall be \ncommenced within 3 years of the manifestation of injury, or prior to \nthe eighth birthday of the minor, whichever provides a longer period. \nSuch time limitation shall be tolled for minors for any period during \nwhich a parent or guardian and a health care provider or health care \norganization have committed fraud or collusion in the failure to bring \nan action on behalf of the injured minor.\n\nSEC. 5. COMPENSATING PATIENT INJURY.\n\n (a) Unlimited Amount of Damages for Actual Economic Losses in \nHEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act \nshall limit the recovery by a claimant of the full amount of the \navailable economic damages, notwithstanding the limitation contained in \nsubsection (b).\n (b) Additional Noneconomic Damages.--In any health care lawsuit, \nthe amount of noneconomic damages recovered, if otherwise available \nunder applicable Federal or State law, may be as much as $250,000, \nregardless of the number of parties against whom the action is brought \nor the number of separate claims or actions brought with respect to the \nsame occurrence.\n (c) No Discount of Award for Noneconomic Damages.--In any health \ncare lawsuit--\n (1) an award for future noneconomic damages shall not be \n discounted to present value;\n (2) the jury shall not be informed about the maximum award \n for noneconomic damages under subsection (b);\n (3) an award for noneconomic damages in excess of $250,000 \n shall be reduced either before the entry of judgment, or by \n amendment of the judgment after entry of judgment, and such \n reduction shall be made before accounting for any other \n reduction in damages required by law; and\n (4) if separate awards are rendered for past and future \n noneconomic damages and the combined awards exceed $250,000, \n the future noneconomic damages shall be reduced first.\n (d) Fair Share Rule.--In any health care lawsuit, each party shall \nbe liable for that party's several share of any damages only and not \nfor the share of any other person. Each party shall be liable only for \nthe amount of damages allocated to such party in direct proportion to \nsuch party's percentage of responsibility. A separate judgment shall be \nrendered against each such party for the amount allocated to such \nparty. For purposes of this section, the trier of fact shall determine \nthe proportion of responsibility of each party for the claimant's harm.\n\nSEC. 6. MAXIMIZING PATIENT RECOVERY.\n\n (a) Court Supervision of Share of Damages Actually Paid to \nClaimants.--\n (1) In general.--In any health care lawsuit, the court \n shall supervise the arrangements for payment of damages to \n protect against conflicts of interest that may have the effect \n of reducing the amount of damages awarded that are actually \n paid to claimants.\n (2) Contingency fees.--\n (A) In general.--In any health care lawsuit in \n which the attorney for a party claims a financial stake \n in the outcome by virtue of a contingent fee, the court \n shall have the power to restrict the payment of a \n claimant's damage recovery to such attorney, and to \n redirect such damages to the claimant based upon the \n interests of justice and principles of equity.\n (B) Limitation.--The total of all contingent fees \n for representing all claimants in a health care lawsuit \n shall not exceed the following limits:\n (i) 40 percent of the first $50,000 \n recovered by the claimant(s).\n (ii) 33\\1\/3\\ percent of the next $50,000 \n recovered by the claimant(s).\n (iii) 25 percent of the next $500,000 \n recovered by the claimant(s).\n (iv) 15 percent of any amount by which the \n recovery by the claimant(s) is in excess of \n $600,000.\n (b) Applicability.--\n (1) In general.--The limitations in subsection (a) shall \n apply whether the recovery is by judgment, settlement, \n mediation, arbitration, or any other form of alternative \n dispute resolution.\n (2) Minors.--In a health care lawsuit involving a minor or \n incompetent person, a court retains the authority to authorize \n or approve a fee that is less than the maximum permitted under \n this section.\n (c) Expert Witnesses.--\n (1) Requirement.--No individual shall be qualified to \n testify as an expert witness concerning issues of negligence in \n any health care lawsuit against a defendant unless such \n individual--\n (A) except as required under paragraph (2), is a \n health care professional who--\n (i) is appropriately credentialed or \n licensed in 1 or more States to deliver health \n care services; and\n (ii) typically treats the diagnosis or \n condition or provides the type of treatment \n under review; and\n (B) can demonstrate by competent evidence that, as \n a result of training, education, knowledge, and \n experience in the evaluation, diagnosis, and treatment \n of the disease or injury which is the subject matter of \n the lawsuit against the defendant, the individual was \n substantially familiar with applicable standards of \n care and practice as they relate to the act or omission \n which is the subject of the lawsuit on the date of the \n incident.\n (2) Physician review.--In a health care lawsuit, if the \n claim of the plaintiff involved treatment that is recommended \n or provided by a physician (allopathic or osteopathic), an \n individual shall not be qualified to be an expert witness under \n this subsection with respect to issues of negligence concerning \n such treatment unless such individual is a physician.\n (3) Specialties and subspecialties.--With respect to a \n lawsuit described in paragraph (1), a court shall not permit an \n expert in one medical specialty or subspecialty to testify \n against a defendant in another medical specialty or \n subspecialty unless, in addition to a showing of substantial \n familiarity in accordance with paragraph (1)(B), there is a \n showing that the standards of care and practice in the two \n specialty or subspecialty fields are similar.\n (4) Limitation.--The limitations in this subsection shall \n not apply to expert witnesses testifying as to the degree or \n permanency of medical or physical impairment.\n\nSEC. 7. ADDITIONAL HEALTH BENEFITS.\n\n (a) In General.--The amount of any damages received by a claimant \nin any health care lawsuit shall be reduced by the court by the amount \nof any collateral source benefits to which the claimant is entitled, \nless any insurance premiums or other payments made by the claimant (or \nby the spouse, parent, child, or legal guardian of the claimant) to \nobtain or secure such benefits.\n (b) Preservation of Current Law.--Where a payor of collateral \nsource benefits has a right of recovery by reimbursement or subrogation \nand such right is permitted under Federal or State law, subsection (a) \nshall not apply.\n (c) Application of Provision.--This section shall apply to any \nhealth care lawsuit that is settled or resolved by a fact finder.\n\nSEC. 8. PUNITIVE DAMAGES.\n\n (a) Punitive Damages Permitted.--\n (1) In general.--Punitive damages may, if otherwise \n available under applicable State or Federal law, be awarded \n against any person in a health care lawsuit only if it is \n proven by clear and convincing evidence that such person acted \n with malicious intent to injure the claimant, or that such \n person deliberately failed to avoid unnecessary injury that \n such person knew the claimant was substantially certain to \n suffer.\n (2) Filing of lawsuit.--No demand for punitive damages \n shall be included in a health care lawsuit as initially filed. \n A court may allow a claimant to file an amended pleading for \n punitive damages only upon a motion by the claimant and after a \n finding by the court, upon review of supporting and opposing \n affidavits or after a hearing, after weighing the evidence, \n that the claimant has established by a substantial probability \n that the claimant will prevail on the claim for punitive \n damages.\n (3) Separate proceeding.--At the request of any party in a \n health care lawsuit, the trier of fact shall consider in a \n separate proceeding--\n (A) whether punitive damages are to be awarded and \n the amount of such award; and\n (B) the amount of punitive damages following a \n determination of punitive liability.\n If a separate proceeding is requested, evidence relevant only \n to the claim for punitive damages, as determined by applicable \n State law, shall be inadmissible in any proceeding to determine \n whether compensatory damages are to be awarded.\n (4) Limitation where no compensatory damages are awarded.--\n In any health care lawsuit where no judgment for compensatory \n damages is rendered against a person, no punitive damages may \n be awarded with respect to the claim in such lawsuit against \n such person.\n (b) Determining Amount of Punitive Damages.--\n (1) Factors considered.--In determining the amount of \n punitive damages under this section, the trier of fact shall \n consider only the following:\n (A) the severity of the harm caused by the conduct \n of such party;\n (B) the duration of the conduct or any concealment \n of it by such party;\n (C) the profitability of the conduct to such party;\n (D) the number of products sold or medical \n procedures rendered for compensation, as the case may \n be, by such party, of the kind causing the harm \n complained of by the claimant;\n (E) any criminal penalties imposed on such party, \n as a result of the conduct complained of by the \n claimant; and\n (F) the amount of any civil fines assessed against \n such party as a result of the conduct complained of by \n the claimant.\n (2) Maximum award.--The amount of punitive damages awarded \n in a health care lawsuit may not exceed an amount equal to two \n times the amount of economic damages awarded in the lawsuit or \n $250,000, whichever is greater. The jury shall not be informed \n of the limitation under the preceding sentence.\n (c) Liability of Health Care Providers.--A health care provider who \nprescribes, or who dispenses pursuant to a prescription, a drug or \ndevice (including blood products) approved by the Food and Drug \nAdministration shall not be named as a party to a product liability \nlawsuit invoking such drug or device and shall not be liable to a \nclaimant in a class action lawsuit against the manufacturer, \ndistributor, or product seller of such drug or device.\n\nSEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN \n HEALTH CARE LAWSUITS.\n\n (a) In General.--In any health care lawsuit, if an award of future \ndamages, without reduction to present value, equaling or exceeding \n$50,000 is made against a party with sufficient insurance or other \nassets to fund a periodic payment of such a judgment, the court shall, \nat the request of any party, enter a judgment ordering that the future \ndamages be paid by periodic payments in accordance with the Uniform \nPeriodic Payment of Judgments Act promulgated by the National \nConference of Commissioners on Uniform State Laws.\n (b) Applicability.--This section applies to all actions which have \nnot been first set for trial or retrial before the effective date of \nthis Act.\n\nSEC. 10. EFFECT ON OTHER LAWS.\n\n (a) Vaccine Injury.--\n (1) In general.--To the extent that title XXI of the Public \n Health Service Act establishes a Federal rule of law applicable \n to a civil action brought for a vaccine-related injury or \n death--\n (A) this Act shall not affect the application of \n the rule of law to such an action; and\n (B) any rule of law prescribed by this Act in \n conflict with a rule of law of such title XXI shall not \n apply to such action.\n (2) Exception.--If there is an aspect of a civil action \n brought for a vaccine-related injury or death to which a \n Federal rule of law under title XXI of the Public Health \n Service Act does not apply, then this Act or otherwise \n applicable law (as determined under this Act) will apply to \n such aspect of such action.\n (b) Other Federal Law.--Except as provided in this section, nothing \nin this Act shall be deemed to affect any defense available to a \ndefendant in a health care lawsuit or action under any other provision \nof Federal law.\n\nSEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.\n\n (a) HEALTH Care Lawsuits.--The provisions governing health care \nlawsuits set forth in this Act shall preempt, subject to subsections \n(b) and (c), State law to the extent that State law prevents the \napplication of any provisions of law established by or under this Act. \nThe provisions governing health care lawsuits set forth in this Act \nsupersede chapter 171 of title 28, United States Code, to the extent \nthat such chapter--\n (1) provides for a greater amount of damages or contingent \n fees, a longer period in which a health care lawsuit may be \n commenced, or a reduced applicability or scope of periodic \n payment of future damages, than provided in this Act; or\n (2) prohibits the introduction of evidence regarding \n collateral source benefits.\n (b) Preemption of Certain State Laws.--The provisions of this Act \nshall preempt any constitutional provision, statute, or rule of State \nlaw, whether enacted prior to, on, or after the date of enactment of \nthis Act, that--\n (1) prohibits the application of any limitation on the \n amount of compensatory, punitive, or total damages in a health \n care lawsuit; or\n (2) provides for a greater amount of compensatory, \n punitive, or total damages in a health care lawsuit than those \n provided for under this Act.\n (c) Protection of State's Rights and Other Laws.--\n (1) In general.--Any issue that is not governed by a \n provision of law established by or under this Act (including \n the State standards of negligence) shall be governed by \n otherwise applicable Federal or State law.\n (2) Rule of construction.--Nothing in this Act shall be \n construed to--\n (A) preempt or supersede any Federal or State law \n that imposes greater procedural or substantive \n protections (such as a shorter statute of limitations) \n for a health care provider, health care organization, \n or the manufacturer, distributor, supplier, marketer, \n promoter, or seller of a medical product from \n liability, loss, or damages than those provided by this \n Act;\n (B) create a cause of action that is not otherwise \n available under Federal or State law; or\n (C) affect the scope of preemption of any other \n Federal law.\n\nSEC. 12. APPLICABILITY; EFFECTIVE DATE.\n\n This Act shall apply to any health care lawsuit brought in a \nFederal or State court, or subject to an alternative dispute resolution \nsystem, that is initiated on or after the date of the enactment of this \nAct, except that any health care lawsuit arising from an injury \noccurring prior to the date of enactment of this Act shall be governed \nby the applicable statute of limitations provisions in effect at the \ntime the injury occurred.","summary":"Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 or the HEALTH Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provisions of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer. And (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an Food and Drug Administration (FDA)-approved prescription drug or device. Provides for periodic payments of future damage awards.","title":"A bill to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.","text_len":17984,"sum_len":1851} {"bill_id":"105_hr889","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``District of Columbia Tax Revenue \nNondiscrimination Act of 1997''.\n\nSEC. 2. REPEAL PROVISIONS GRANTING PROPERTY TAX RELIEF TO CERTAIN \n ENTITIES IN THE DISTRICT OF COLUMBIA.\n\n (a) In General.--\n (1) American chemical society; american forestry \n association; brookings institution; carnegie institution of \n washington, dc; medical society of the district of columbia; \n national academy of sciences; american pharmaceutical \n association; national geographic society; national lutheran \n home; american association to promote the teaching of speech to \n the deaf.--Section 1(k) of the Act entitled ``An Act to define \n real property exempt from taxation in the District of \n Columbia'', approved December 24, 1942 (D.C. Code 47-1002(11)) \n is hereby repealed.\n (2) Disabled american veterans.--The Act entitled ``An Act \n to exempt from taxation certain property of the Disabled \n American Veterans in the District of Columbia'', approved May \n 15, 1946 (D.C. Code 47-1003) is hereby repealed.\n (3) National society of the colonial dames of america.--The \n Act entitled ``An Act to exempt from taxation certain property \n of the National Society of the Colonial Dames of America in the \n District of Columbia'', approved September 7, 1949 (D.C. Code \n 47-1004) is hereby repealed.\n (4) Jewish war veterans, u.s.a., national memorial \n incorporated.-- Public Law 98-486 (D.C. Code 47-1005) is hereby \n repealed.\n (5) Louise home.--The Act entitled, ``An Act to incorporate \n the trustees of the Louise Home, and for other purposes'', \n approved March 3, 1875 (D.C. Code 47-1012) is hereby repealed.\n (6) Oak hill.--Section 10 of the Act entitled ``An Act to \n incorporate the Oak Hill Cemetery, in the District of \n Columbia'', approved March 3, 1849 (D.C. Code 47-1015) is \n hereby repealed.\n (7) Corcoran gallery of art.--\n (A) Real property and works of art.--Section 4 of \n the Act entitled ``An Act to incorporate the Trustees \n of the Corcoran Gallery of Art, and for other \n purposes'', approved May 24, 1870 (D.C. Code 47-1016) \n is hereby repealed.\n (B) Endowment fund.--The Act entitled ``An Act to \n exempt from taxation all property held by the trustees \n of the Corcoran Gallery of Art, and for other \n purposes'', approved January 26, 1887 (D.C. Code 47-\n 1017) is hereby repealed.\n (8) Luther statue association.--Section 4 of the Act \n entitled ``An Act to incorporate the Luther Statue Association, \n to erect and maintain a monument or statue in memory of Martin \n Luther in the District of Columbia'', approved March 3, 1885 \n (D.C. Code 47-1019) is hereby repealed.\n (9) Young woman's christian association.--\n (A) Young women's christian home.--Section 2 of the \n Act entitled ``An Act to incorporate the trustees of \n the Young Woman's Christian Home in Washington, \n District of Columbia'', approved February 23, 1887 \n (D.C. Code 47-1021) is amended by striking ``: \n Provided,'' and all that follows and inserting a \n period.\n (B) Property.--Section 1 of the Act entitled ``An \n Act to exempt the property of the Young Women's \n Christian Association in the District of Columbia from \n national and municipal taxation'', approved June 16, \n 1938 (D.C. Code 47-1022) is amended by striking ``and \n municipal''.\n (10) Young men's christian association.--The Act entitled \n ``An Act to exempt the property of the Young Men's Christian \n Association of the District of Columbia'', approved June 16, \n 1894 (D.C. Code 47-1024) is hereby repealed.\n (11) Edes home.--Section 2 of the Act entitled ``An Act to \n incorporate the Edes Home'', approved January 1, 1906 (D.C. \n Code 47-1026) is amended by striking the second sentence.\n (12) General education board.--Section 6 of the Act \n entitled ``An Act to incorporate the General Education Board'', \n approved January 12, 1903 (D.C. Code 47-1027) is hereby \n repealed.\n (13) Daughters of the american revolution.--The following \n provisions of law are hereby repealed:\n (A) The Act entitled ``An Act to exempt from \n taxation certain property of the Daughters of the \n American Revolution in Washington, District of \n Columbia'', approved May 21, 1924 (D.C. Code 47-1028).\n (B) The Act entitled ``An Act to exempt from \n taxation certain property of the Daughters of the \n American Revolution in Washington, District of \n Columbia'', approved February 27, 1903 (D.C. Code 47-\n 1029).\n (C) The Act entitled ``An Act to exempt from \n taxation certain property of the Daughters of the \n American Revolution in Washington, District of \n Columbia'', approved September 16, 1922 (D.C. Code 47-\n 1030).\n (D) The Act entitled ``An Act to exempt from \n taxation certain property of the Daughters of the \n American Revolution in Washington, District of \n Columbia'', approved August 15, 1916 (D.C. Code 47-\n 1031).\n (E) The Act entitled ``An Act to exempt from \n taxation certain property of the Daughters of the \n American Revolution in Washington, District of \n Columbia'', approved March 3, 1917 (D.C. Code 47-1032).\n (14) National society united states daughters of 1812.--The \n Act entitled ``An Act to exempt from taxation certain property \n of the National Society United States Daughters of 1812 in the \n District of Columbia'', approved June 4, 1934 (D.C. Code 47-\n 1033) is hereby repealed.\n (15) National society of the sons of the american \n revolution.--The Act entitled ``An Act to exempt from taxation \n certain property of the National Society of the Sons of the \n American Revolution'', approved June 16, 1934 (D.C. Code 47-\n 1034) is hereby repealed.\n (16) American legion.--The Act entitled ``An Act to exempt \n from taxation certain property of the American Legion in the \n District of Columbia'', approved June 13, 1934 (D.C. Code 47-\n 1035) is hereby repealed.\n (17) National education association.--Section 4 of the Act \n entitled ``An Act to incorporate the National Education \n Association of the United States'', approved June 30, 1906 \n (D.C. Code 47-1036) is hereby repealed.\n (18) Society of the cincinnati.--The Act entitled ``An Act \n to exempt from taxation certain property of the Society of the \n Cincinnati, a corporation of the District of Columbia'', \n approved February 24, 1938 (D.C. Code 47-1037) is hereby \n repealed.\n (19) American veterans of wwii.--The Act entitled ``An Act \n to exempt from taxation certain property of the AMVETS, \n American Veterans of WWII, in the District of Columbia'', \n approved June 28, 1952 (D.C. Code 47-1038) is hereby repealed.\n (20) Veterans of foreign wars.--The Act entitled ``An Act \n to exempt from taxation certain property of the Veterans of \n Foreign Wars in the District of Columbia'', approved July 19, \n 1954 (D.C. Code 47-1039) is hereby repealed.\n (21) National woman's party.--Public Law 86-706 (D.C. Code \n 47-1040) is hereby repealed.\n (22) American association of university women, educational \n foundation, incorporated.--Public Law 86-709 (D.C. Code 47-\n 1041) is hereby repealed. .\n (23) National guard association of the united states.--\n Public Law 86-727 (D.C. Code 47-1042) is hereby repealed.\n (24) Woodrow wilson house.--Public Law 88-470 (D.C. Code \n 47-1043) is hereby repealed.\n (25) American institute of architects foundation.--Section \n 203 of the District of Columbia Revenue Act of 1970 (D.C. Code \n 47-1044) is hereby repealed.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to taxable years beginning after December 1997.\n\nSEC. 3. PERMITTING DISTRICT OF COLUMBIA TO TAX CERTAIN GOVERNMENT-\n SPONSORED ENTERPRISES.\n\n (a) Federal National Mortgage Association.--Section 309(c)(2) of \nthe Federal National Mortgage Association Charter Act (12 U.S.C. \n1723a(c)(2)) is amended by striking ``States, or by the District of \nColumbia'' and inserting ``States (other than the District of \nColumbia)''.\n (b) Federal Home Loan Mortgage Corporation.--Section 303(e) of the \nFederal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(e)) is \namended by striking ``authority,'' and inserting ``authority (other \nthan the District of Columbia)''.\n (c) Student Loan Marketing Association.--Section 439(b)(2) of the \nHigher Education Act of 1965 (20 U.S.C. 1087-2(b)(2)) is amended by \nstriking ``States, or by the District of Columbia'' and inserting \n``States (other than the District of Columbia)''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to taxable years beginning after December 1997.","summary":"District of Columbia Tax Revenue Nondiscrimination Act of 1997 - Repeals various District of Columbia Code property tax exemptions for specified organizations located in the District of Columbia. Amends specified Federal laws to permit the District of Columbia Government to tax: (1) the Federal National Mortgage Association, (2) the Federal Home Loan Mortgage Corporation, and (3) the Student Loan Marketing Association .","title":"District of Columbia Tax Revenue Nondiscrimination Act of 1997","text_len":9997,"sum_len":423} {"bill_id":"106_hr3770","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Secure Online Communication \nEnforcement Act of 2000''.\n\nSEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER \n NETWORKS.\n\n (a) In General.--Section 2703(b) of title 18, United States Code, \nis amended by striking paragraph (1) and inserting the following new \nparagraph (1):\n ``(1) In general.--A governmental entity may require a \n provider of remote computing service to disclose the contents \n of any electronic communication to which this paragraph is made \n applicable by paragraph (2)--\n ``(A) pursuant to a warrant issued under the \n Federal Rules of Criminal Procedure or equivalent State \n warrant, a copy of which warrant shall be served on the \n subscriber or customer of such remote computing service \n before or at the same time the warrant is served on the \n provider of the remote computing service; or\n ``(B) pursuant to a Federal or State grand jury or \n trial subpoena, a copy of which subpoena shall be \n served on the subscriber or customer of such remote \n computing service under circumstances allowing the \n subscriber or customer a meaningful opportunity to \n challenge the subpoena.''.\n (b) Conforming Amendments.--Paragraph (2) of that section is \namended--\n (1) by indenting the paragraph 2 ems;\n (2) by inserting ``Applicability.--'' after ``(2)''; and\n (3) by indenting subparagraphs (A) and (B) 4 ems.\n\nSEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS.\n\n (a) Applicability of Limitations on Disclosure of Communication \nRecords.--Paragraph (1) of section 2703(c) of title 18, United States \nCode, is amended--\n (1) in subparagraph (A)--\n (A) by inserting ``, or an operator of an Internet \n Web site (including an agent of such operator) or other \n third party,'' after ``remote computing service''; and\n (B) by inserting ``or Internet Web site'' after \n ``of such service''; and\n (2) in subparagraph (B)--\n (A) in the matter preceding clause (i)--\n (i) by inserting ``, or an operator of an \n Internet Web site (including an agent of such \n operator) or other third party,'' after \n ``remote computing service''; and\n (ii) by inserting ``or Internet Web site'' \n after ``of such service''; and\n (B) in clause (iv), by inserting ``or operator'' \n after ``of such provider''.\n (b) Disclosure of Communication Records to Non-Government \nEntities.--Paragraph (1)(A) of such section is further amended by \nstriking ``other than a government entity.'' and inserting ``other than \na government entity only if the disclosure is--\n ``(i) necessary to initiate, provide, bill, or collect for \n such service or for access to or use of such Internet Web site;\n ``(ii) necessary to protect the rights or property of the \n provider of such service or Internet Web site;\n ``(iii) made at the request of the subscriber or customer;\n ``(iv) made with the affirmative consent of the subscriber \n or customer given at the time the disclosure is sought; or\n ``(v) required by law.''.\n (c) Information Covered by Limitations on Disclosure.--Such section \nis further amended in paragraphs (1)(A) and (1)(B) by inserting before \nthe end parenthesis the following: ``, but including information \ngenerated in the process of accessing or otherwise using the \nInternet''.\n (d) Disclosure of Aggregate Information.--Such section is further \namended by adding at the end the following new paragraph:\n ``(3) Nothing in this subsection may be construed to prohibit a \nprovider of electronic communication service or remote computing \nservice, operator of an Internet Web site (including an agent of such \noperator), or third party from using, disclosing, or permitting access \nto aggregate customer or subscriber information from which individual \ncustomer or subscriber information and characteristics have been \nremoved.''.\n (e) Protection of Service.--Such section is further amended by \nadding at the end the following new paragraph:\n ``(4) A provider of electronic communication service or remote \ncomputing service or operator of an Internet Web site may not terminate \nthe provision of such service or access to or use of such Internet Web \nsite to an individual who refuses to consent to the disclosure of \nrecords or other information under paragraph (1)(A)(iv) as a result of \nsuch refusal.''.\n (f) Federal Preemption.--Such section is further amended by adding \nat the end the following new paragraph:\n ``(5) This subsection preempts any State or local law regarding the \ndisclosure by providers of electronic communication service or remote \ncomputing service and operators of Internet Web sites of records or \nother information covered by this subsection.''.\n (g) Conforming Amendment.--The subsection heading of such section \nis amended by striking ``or Remote Computing Service'' and inserting \n``, Remote Computing Service, or Internet Web Site''.\n (h) Effective Date.--The amendments made by this section shall take \neffect 180 days after the date of enactment.","summary":"Includes an operator of an Internet web site or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers. Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider. (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought. Or (3) as required by law. Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet. Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed. Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal. Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act.","title":"Secure Online Communication Enforcement Act of 2000","text_len":5640,"sum_len":1538} {"bill_id":"108_hr1857","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Humanitarian Assistance to Combat \nHIV\/AIDS in sub-Saharan Africa and the Caribbean and National Security \nAct of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The National Security Strategy of the United States, \n dated September 17, 2002, states: ``[I]n Africa, promise and \n opportunity sit side-by-side with disease, war and desperate \n poverty. This threatens both a core value of the United States \n preserving human dignity and our strategic priority combating \n global terror. American interests and American principles, \n therefore, lead in the same direction: we will work with others \n for an African continent that lives in liberty, peace, and \n growing prosperity.''.\n (2) On March 19, 2002, the Director of Central Intelligence \n testified before Congress that ``[T]he chronic problems of sub-\n Saharan Africa make it, too, fertile ground for direct and \n indirect threats to United States interests. Governments \n without accountability and natural disasters have left Africa \n with the highest concentration of human misery in the world.''.\n (3) Sub-Saharan Africa has been far more severely affected \n by HIV\/AIDS than any other part of the world. In fact, AIDS has \n surpassed malaria as the leading cause of death in sub-Saharan \n Africa, and it kills many times more people than Africa's armed \n conflicts.\n (4) Africa, where an estimated 3,500,000 people were newly \n infected with HIV in 2002, has approximately 10 percent of the \n world's population but more than 70 percent of the worldwide \n total of people infected with HIV.\n (5) In November 2002, the Joint United Nations Programme on \n HIV\/AIDS (UNAIDS) reported that in 2002, 29,400,000 people were \n living with HIV\/AIDS in sub-Saharan Africa, an increase from \n 28,500,000 people in 2001.\n (6) At the end of 2001, an estimated 21,500,000 Africans \n had lost their lives to AIDS, including an estimated 2,200,000 \n individuals who died in that year. UNAIDS estimates that by \n 2020, an additional 55,000,000 Africans will lose their lives \n to the epidemic.\n (7) The HIV\/AIDS epidemic in Africa is having a much \n greater impact on children than is the case in other parts of \n the world.\n (8) According to UNAIDS, more than 600,000 African infants \n become infected with HIV each year through mother-to-child \n transmission, either at birth or through breast-feeding. These \n children have short life expectancies, and the number currently \n alive may be about 1,000,000 children.\n (9) In 2001, an estimated 11,000,000 children who became \n orphans by AIDS were living in Africa.\n (10) Because of the stigma attached to AIDS, children who \n become orphans by AIDS are at high risk for being malnourished, \n abused, and denied an education.\n (11) According to UNAIDS, women make up an estimated 58 \n percent of the HIV-positive adult population in sub-Saharan \n Africa, as compared to 50 percent of the HIV-positive adult \n population worldwide.\n (12) Young women are particularly at risk. In 2001, an \n estimated 6 to 11 percent of African women aged 15 to 24 were \n HIV-positive, compared to 3 to 6 percent of young men.\n (13)(A) The HIV-infection rate among adults is \n approximately 8.8 percent in Africa, compared with 1.2 percent \n worldwide. The HIV\/AIDS epidemic in sub-Saharan Africa is a \n major component of this African crisis.\n (B) In 7 sub-Saharan African countries, 20 percent or more \n of the adult population is infected with HIV, and the rate has \n reached 38.8 percent in Botswana.\n (C) Moreover, in Cameroon, a West African country, the \n adult HIV-infection rate has increased from 4.7 percent in 1996 \n to 11.8 percent in 2001.\n (D) In Nigeria, with a population that exceeds 125,000,000, \n an estimated 5.8 percent of adults were HIV-positive in 2001, \n and infection rates in some areas of Nigeria have reached \n levels seen in neighboring Cameroon.\n (14) Nongovernmental organizations working in Africa, donor \n governments, and African governments have responded to the HIV\/\n AIDS epidemic primarily by attempting to reduce the number of \n new HIV infections, and to some degree, by trying to ameliorate \n the damage done by AIDS to families, societies, and economies.\n (15)(A) A 1999 United Nations study found that community-\n based organizations, sometimes with the support of \n nongovernmental organizations, have emerged to supply \n additional labor, home care for the sick, house repair, and \n other services to AIDS-afflicted families.\n (B) Programs and projects aimed at combating the epidemic \n typically provide information on how HIV is spread, and on how \n it can be avoided, through the media, posters, lectures, and \n skits. AIDS awareness programs can be found in many African \n schools and increasingly in the workplace, where employers are \n recognizing their interest in reducing the HIV-infection rate \n among their employees.\n (16) Public-private partnerships have also become an \n important vehicle for responding to the HIV\/AIDS pandemic in \n Africa.\n (17)(A) The United States Agency for International \n Development estimates that in fiscal year 2000, all donors and \n lending agencies, together with African governments, spent \n approximately $500,000,000 in combating HIV\/AIDS, but donors \n have committed to increasing this amount.\n (B) On July 23, 2000, leaders at the G-8 world economic \n summit in Okinawa, Japan, pledged to reduce the number of young \n people infected with the HIV virus by 25 percent.\n (18) The World Health Organization estimates that a pledge \n by the G-8 countries to combat malaria and tuberculosis, and \n reduce the HIV virus in Africa by 25 percent, would cost at \n least $5,000,000,000 per year for 5 years. The World Bank \n launched its Multi-Country HIV\/AIDS Program (MAP) for Africa in \n September 2000, and a World Bank official said in October 2002 \n that to date, $1,000,000,000 had been committed.\n (19) On December 9, 2001, Peter Piot, Executive Director of \n UNAIDS, told an international AIDS conference in Burkina Faso \n that assistance to fight HIV\/AIDS in sub-Saharan Africa should \n be increased ``many-fold'', and that the region requires \n $5,000,000,000 per year to confront the HIV\/AIDS pandemic.\n (20) While the AIDS epidemic in Caribbean countries does \n not compare to the severity of the epidemic in Africa, there \n are an estimated 420,000 people living with AIDS in Caribbean \n countries. Moreover, the HIV\/AIDS adult prevalence rate in \n several countries in the Caribbean is among the highest outside \n of sub-Saharan Africa.\n (21) Caribbean countries with the highest prevalence of HIV \n infection rates are Haiti and the Bahamas, with adult HIV \n infection rates at more than 4 percent. Overall, an estimated 1 \n out of 50 people in Caribbean countries is infected with HIV. \n Haiti and the Dominican Republic, with a combined 340,000 \n adults and children living with HIV\/AIDS, account for \n approximately 87 percent of the infected population of \n Caribbean countries. As noted by the United States Agency for \n International Development, Haiti's poverty, civil conflict, and \n unstable governance have contributed to the rapid spread of \n AIDS. In some urban areas of Haiti, HIV infection rates are at \n more than 10 percent of the population.\n (22) In Caribbean countries, access to treatment and care \n is non-existent for many infected with HIV. Nevertheless, many \n projects demonstrate that even in severely impoverished \n countries with little health infrastructure, there can be \n sustained treatment for people with HIV\/AIDS.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) effectively addressing the HIV\/AIDS problem in \n countries in sub-Saharan Africa and the Caribbean is a moral \n issue of the greatest magnitude and is in the national security \n interest of the United States; and\n (2) the President should enter into direct talks with the \n governments of other member countries of the G-8 and member \n countries of the European Union to increase the amount of \n financial support to combat the HIV\/AIDS pandemic in sub-\n Saharan Africa and the Caribbean.\n\nSEC. 4. GRANTS TO COMBAT HIV\/AIDS IN SUB-SAHARAN AFRICA AND CARIBBEAN \n COUNTRIES.\n\n The Administrator of the United States Agency for International \nDevelopment is authorized to award grants to nongovernmental \norganizations for the prevention, treatment, and control of HIV\/AIDS in \ncountries in sub-Saharan Africa and Caribbean countries, including by \nexpanding activities to prevent the mother-to-child transmission of HIV \nby providing treatment, medical care, and support services to HIV-\ninfected parents and their children. In carrying out the preceding \nsentence, it is the sense of Congress that the Secretary of Health and \nHuman Services, acting through the Director of the Centers for Disease \nControl and Prevention, should provide appropriate medical and \ntechnical expertise to the Administrator and recipient governments.\n\nSEC. 5. APPOINTMENT OF HEALTH OFFICERS TO UNITED STATES EMBASSIES IN \n SUB-SAHARAN AFRICA AND THE CARIBBEAN.\n\n The Secretary of State, in conjunction with the Secretary of Health \nand Human Services, is authorized to appoint to the country team in \neach United States embassy in sub-Saharan Africa and the Caribbean a \nhealth officer to advise the United States Ambassador and assist in \ncoordination of the effort to combat HIV\/AIDS with local governments.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act $500,000,000 for each of the fiscal years 2004 through \n2008.\n (b) Availability.--Amounts appropriated pursuant to the \nauthorization of appropriations under subsection (a) are authorized to \nremain available until expended.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) AIDS.--The term ``AIDS'' means acquired immune \n deficiency syndrome.\n (2) Caribbean countries.--The term ``Caribbean countries'' \n means the countries described in section 212(b) of the \n Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)).\n (3) HIV.--The term ``HIV'' means the human immunodeficiency \n virus, the pathogen that causes AIDS.\n (4) HIV\/AIDS.--The term ``HIV\/AIDS'' means, with respect to an \nindividual, an individual who is infected with HIV or living with AIDS.\n (5) Countries in sub-saharan africa.--The term ``countries \n in sub-Saharan Africa'' has the meaning given such term in \n section 107 of the African Growth and Opportunity Act (19 \n U.S.C. 3706).","summary":"Humanitarian Assistance to Combat HIVAIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003 - Declares the sense of Congress that: (1) effectively addressing the HIVAIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States. And (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIVAIDS pandemic in sub-Saharan Africa and the Caribbean. Authorizes the Administrator of the United States Agency for International Development (USAID) to award grants to nongovernmental organizations (NGOs) for the prevention, treatment, and control of HIVAIDS in countries in sub-Saharan Africa and Caribbean countries, including treatment, medical care, and support services to HIV-infected parents and their children. Expresses the sense of Congress that the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. Authorizes the Secretary of State, in conjunction with the Secretary of HHS, to appoint to the country team in each US embassy in sub-Saharan Africa and the Caribbean a health officer to advise the US Ambassador and assist in coordination of the effort to combat HIVAIDS with local governments.","title":"To authorize assistance to combat the growing HIV\/AIDS problem in countries in sub-Saharan Africa and the Caribbean.","text_len":11782,"sum_len":1563} {"bill_id":"104_hr462","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``National Policies \nToward Gambling Review Act of 1995''.\n (b) Findings.--The Congress finds the following:\n (1) In 1976, the Commission on the Review of the National \n Policy Toward Gambling issued its final report to Congress. At \n the time of the report--\n (A) casino gambling was legal in just 1 State, \n where it was a $1,000,000,000 a year industry;\n (B) Indian tribal gambling did not exist;\n (C) State lotteries existed in just 13 States; and\n (D) the link between gambling and organized crime \n was the paramount concern of the commission.\n (2) The gambling industry has grown dramatically in recent \n years as demonstrated by the following:\n (A) Casino gambling is legal in well over 20 States \n and referenda on legalization are being considered in \n many other States.\n (B) Casino gambling has become a $30,000,000,000 a \n year industry.\n (C) Indian tribal casino gambling accounts for over \n 15 percent of all casino revenues.\n (D) State lotteries exist in 36 States.\n (E) Gambling in some form exists in all but 2 \n States in the Union.\n (3) Implementation of the Indian Gaming Regulatory Act in \n 1988 created a competitive environment between Indian tribes \n and States to legalize and develop casinos at a swift pace, as \n evidenced by the current status of casino gambling among \n recreational activities in the United States.\n (4) Today, the paramount public policy concern relative to \n gambling is the impact of the gambling industry itself on \n communities, States, and the Nation as a whole.\n (5) Gambling brings with it certain externalities that \n other industries do not bring. Specifically, the proliferation \n of the gambling industry raises concerns regarding--\n (A) corresponding proliferation of gambling \n addiction;\n (B) proliferation in addiction-related crime;\n (C) proliferation in cross addictions between \n gambling and alcohol and drugs;\n (D) decreases in worker productivity at the \n national level due to excessive gambling;\n (E) a potentially adverse impact on the health and \n viability of existing small businesses in communities \n where gambling is legalized and in communities \n surrounding Indian reservations where gambling exists;\n (F) a competitive atmosphere developing between \n States and Indian tribes, between States and other \nStates, and between States and bordering countries, particularly \nCanada, to attract the gambling dollar; and\n (G) dramatic growth in the political influence of \n gambling advocates in city halls and statehouses across \n the country, where governments must act as both \n regulator and profiteer of gambling.\n (6) There are variations and conflicts in the regulatory \n structures controlling gambling nation-wide, and in particular \n between Federal oversight through the Indian Gaming Regulatory \n Act and State laws.\n (7) There is no adequate core or body of knowledge at the \n national level on the impact of gambling proliferation on the \n United States.\n (8) Most of the economic impact studies of casino gambling \n have been sponsored by the gambling industry.\n (9) Little funding has been made available at the State or \n Federal level for research into gambling addiction and the \n socioeconomic cost to the Nation of gambling addiction.\n (10) Policymakers at the local, State, and Federal levels \n are in need of sound information and data on the social and \n economic impact of gambling proliferation on the Nation.\n\nSEC. 2. ESTABLISHMENT\n\n There is established a commission to be known as the ``Commission \non the Review of National Policies Toward Gambling'' (in this Act \nreferred to as the ``Commission'').\n\nSEC. 3 DUTIES.\n\n (a) In General.--The Commission shall conduct a comprehensive legal \nand factual study of (1) gambling activities in the United States, (2) \nthe social and economic impact of such gambling activities, and (3) \nexisting Federal, State, and local policy and practices with respect to \nlegal prohibition and taxation of such gambling activities, and in \nparticular the relationship between the Indian Gaming Regulatory Act \nand State and local laws. The Commission shall formulate and propose \nsuch changes in such policies and practices as the Commission may \nconsider appropriate.\n (b) Requirements.--The study to be conducted under subsection (a) \nshall, at a minimum, include the following:\n (1) An examination of the impact of gambling activities on \n communities nationwide and the Nation as a whole in terms of--\n (A) the economic well-being of existing small \n businesses and jobs;\n (B) the growth in gambling addiction;\n (C) the socioeconomic impact of gambling addiction; \n and\n (D) the growth in gambling related crime and \n gambling-addiction related crime, particularly given \n the proliferation of casino gambling in recent years.\n (2) A review of the effectiveness of existing practices in \n law enforcement, judicial administration, and corrections in \n the United States and in foreign legal jurisdictions for the \n enforcement of the prohibition and taxation of gambling \n activities, including consideration of possible alternatives to \n such practices.\n (3) A study of existing statutes of the United States and \n State and local jurisdictions that prohibit and tax gambling \n activities, including preparation of such a proposal for \n codification, revision, or repeal of such statutes as the \n Commission may determine to be required to carry into effect \n such policy and practice changes as it may consider to \n necessary or desirable.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 15 \nmembers appointed not later than 90 days after the date of the \nenactment of this Act as follows:\n (1) Four individuals appointed jointly by the President of \n the Senate and the minority leader of the Senate.\n (2) Four individuals appointed jointly by the Speaker of \n the House of Representatives and the minority leader of the \n House of Representatives.\n (3) Seven individuals appointed by the President of the \n United States.\n (b) Qualifications.--Members appointed pursuant to subsection (a) \nshall be appointed from among individuals who are not officers of the \nexecutive branch of the Government or Members of Congress and who are \nspecially qualified to serve on the Commission by virtue of training \nand experience.\n (c) Chairman.--The President of the United States shall designate a \nChairman from among the members of the Commission.\n (d) Quorum.--Eight members of the Commission shall constitute a \nquorum.\n (e) Vacancies.--Any vacancy in the Commission shall not affect the \npowers of the Commission but shall be filled in the same manner in \nwhich the original appointment was made.\n (f) Basic Pay.--\n (1) Rates of pay.--Except as provided in paragraph (2), \n members of the Commission shall each be entitled to receive \n $100.00 for each day (including travel time) during which they \n are engaged in the actual performance of duties vested in the \n Commission.\n (2) Prohibition of compensation of members of the federal \n judiciary.--Members of the Commission who are members of the \n Federal judiciary may not receive additional pay, allowances, \n or benefits by reason of their service on the Commission.\n (g) Travel Expenses.--Each member of the Commission shall receive \ntravel expenses, including per diem in lieu of subsistence, in \naccordance with sections 5702 and 5703 of title 5, United States Code.\n\nSEC. 5. STAFF.\n\n (a) Appointments.--Subject to such rules and regulations as may be \nadopted by the Commission, the Chairman of the Commission shall have \nthe power to appoint and fix the compensation of a Director and such \nadditional staff personnel (but not to exceed 15 staff members) as the \nChairman considers necessary.\n (b) Applicability of Certain Civil Service Laws.--The Director and \nstaff of the Commission may be appointed without regard to the \nprovisions of title 5, United States Code, governing appointments in \nthe competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of such title \nrelating to classification and General Schedule pay rates; except that \nan individual so appointed may not receive pay in excess of the rate of \nbasic pay payable for level I of the Executive Schedule.\n (c) Qualifications.--In making appointments pursuant to this \nsection, the Chairman of the Commission shall include among the \nChairman's appointments individuals determined by the Chairman to be \ncompetent social scientists, lawyers, law enforcement officers, and \nothers with professional expertise in areas related to gambling.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate. The Commission may administer oaths or affirmations to \nwitnesses appearing before it.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (f) Subpoena Power.--\n (1) In general.--The Commission may issue subpoenas \n requiring the attendance and testimony of witnesses and the \n production of any evidence relating to any matter which the \n Commission is empowered to investigate by this Act. The \n attendance of witnesses and the production of evidence may be \n required from any place within the United States at any \n designated place of hearing within the United States.\n (2) Failure to obey a subpoena.--If a person refuses to \n obey a subpoena issued under paragraph (1), the Commission may \n apply to a United States district court for an order requiring \n that person to appear before the Commission to give testimony, \n produce evidence, or both, relating to the matter under \n investigation. The application may be made within the judicial \n district where the hearing is conducted or where that person is \n found, resides, or transacts business. Any failure to obey the \n order of the court may be punished by the court as civil \n contempt.\n (3) Service of subpoenas.--The subpoenas of the Commission \n shall be served in the manner provided for subpoenas issued by \n a United States district court under the Federal Rules of Civil \n Procedure for the United States district courts.\n (4) Service of process.--All process of any court to which \n application is to be made under paragraph (2) may be served in \n the judicial district in which the person required to be served \n resides or may be found.\n (g) Immunity.--The Commission is an agency of the United States for \nthe purpose of part V of title 18, United States Code (relating to \nimmunity of witnesses).\n\nSEC. 7. REPORTS.\n\n (a) Interim Reports.--The Commission may submit to the President of \nthe United States and the Congress interim reports as the Commission \nconsiders appropriate.\n (b) Final Report.--The Commission shall transmit a final report to \nthe President of the United States and the Congress not later than 2 \nyears after the date of the first meeting of the Commission. The final \nreport shall contain a detailed statement of the findings and \nconclusions of the Commission.\n\nSEC. 8 TERMINATION.\n\n The Commission shall terminate on the 60th day following submittal \nof the final report of the Commission pursuant to section 7(b).","summary":"National Policies Toward Gambling Review Act of 1995 - Establishes a Commission on the Review of National Policies Toward Gambling to conduct a comprehensive legal and factual study of: (1) gambling activities in the United States, (2) their social and economic impact. And (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such activities, particularly the relationship between the Indian Gaming Regulatory Act and State and local laws.","title":"National Policies Toward Gambling Review Act of 1995","text_len":13734,"sum_len":497} {"bill_id":"113_hr4469","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Cut Taxes for the \nMiddle Class Act of 2014''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--STATE AND LOCAL SALES TAX DEDUCTION\n\nSec. 101. Extension of deduction of State and local general sales \n taxes.\n TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS\n\nSec. 201. Extension of above-the-line deduction for qualified tuition \n and related expenses.\nSec. 202. Extension of deduction for certain expenses of elementary and \n secondary school teachers.\n TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES\n\nSec. 301. Extension of housing allowance exclusion for determining area \n median gross income for low-income housing \n credit and qualified residential rental \n project exempt facility bonds.\nSec. 302. Extension of employer wage credit for employees who are \n active duty members of the uniformed \n services.\n TITLE IV--PROVISIONS RELATING TO BUSINESSES\n\nSec. 401. Extension of work opportunity tax credit.\nSec. 402. Extension of new markets tax credit.\nSec. 403. Extension and modification of research credit.\n\n TITLE I--STATE AND LOCAL SALES TAX DEDUCTION\n\nSEC. 101. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES \n TAXES.\n\n (a) In General.--Subparagraph (I) of section 164(b)(5) of the \nInternal Revenue Code of 1986 is amended by striking ``January 1, \n2014'' and inserting ``January 1, 2015''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2013.\n\n TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS\n\nSEC. 201. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION \n AND RELATED EXPENSES.\n\n (a) In General.--Subsection (e) of section 222 of the Internal \nRevenue Code of 1986 is amended by striking ``December 31, 2013'' and \ninserting ``December 31, 2014''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2013.\n\nSEC. 202. EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND \n SECONDARY SCHOOL TEACHERS.\n\n (a) In General.--Subparagraph (D) of section 62(a)(2) of the \nInternal Revenue Code of 1986 is amended by striking ``or 2013'' and \ninserting ``2013, or 2014''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2013.\n\n TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES\n\nSEC. 301. EXTENSION OF HOUSING ALLOWANCE EXCLUSION FOR DETERMINING AREA \n MEDIAN GROSS INCOME FOR LOW-INCOME HOUSING CREDIT AND \n QUALIFIED RESIDENTIAL RENTAL PROJECT EXEMPT FACILITY \n BONDS.\n\n (a) In General.--Subsection (b) of section 3005 of the Housing \nAssistance Tax Act of 2008 is amended by striking ``January 1, 2014'' \neach place it appears and inserting ``January 1, 2015''.\n (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the enactment of section 3005 of the Housing \nAssistance Tax Act of 2008.\n\nSEC. 302. EXTENSION OF EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE \n ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES.\n\n (a) In General.--Subsection (f) of section 45P of the Internal \nRevenue Code of 1986 is amended by striking ``December 31, 2013'' and \ninserting ``December 31, 2014''.\n (b) Effective Date.--The amendment made by this section shall apply \nto payments made after December 31, 2013.\n\n TITLE IV--PROVISIONS RELATING TO BUSINESSES\n\nSEC. 401. EXTENSION OF WORK OPPORTUNITY TAX CREDIT.\n\n (a) In General.--Subparagraph (B) of section 51(c)(4) of the \nInternal Revenue Code of 1986 is amended by striking ``December 31, \n2013'' and inserting ``December 31, 2014''.\n (b) Effective Date.--The amendment made by this section shall apply \nto individuals who begin work for the employer after December 31, 2013.\n\nSEC. 402. EXTENSION OF NEW MARKETS TAX CREDIT.\n\n (a) In General.--Subparagraph (G) of section 45D(f)(1) of the \nInternal Revenue Code of 1986 is amended by striking ``and 2013'' and \ninserting ``2013, and 2014''.\n (b) Carryover of Unused Limitation.--Paragraph (3) of section \n45D(f) of such Code is amended by striking ``2018'' and inserting \n``2019''.\n (c) Effective Date.--The amendments made by this section shall \napply to calendar years beginning after December 31, 2013.\n\nSEC. 403. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.\n\n (a) In General.--Subparagraph (B) of section 41(h)(1) of the \nInternal Revenue Code of 1986 is amended by striking ``December 31, \n2013'' and inserting ``December 31, 2014''.\n (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of \nsuch Code is amended by striking ``December 31, 2013'' and inserting \n``December 31, 2014''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after December 31, 2013.","summary":"Cut Taxes for the Middle Class Act of 2014 - Amends the Internal Revenue Code to extend through 2014: (1) the tax deduction for state and local general sales taxes in lieu of state and local income taxes, (2) the tax deductionnbsp. For qualified tuition and related expenses, (3) the tax deduction for expenses of elementary and secondary school teachers, (4) the tax credit for differential wage payments to employees who are active duty members of the Uniformed Services, (5) the work opportunity tax credit, (6) the new markets tax credit, and (7) the tax credit for increasing research activities. Amends the Housing Assistancenbsp. Tax Act of 2008 to extend through 2014 the exemption of the basic military housing allowance from the income test for programs financed by tax-exempt housing bonds. nbsp, ","title":"Cut Taxes for the Middle Class Act of 2014","text_len":5335,"sum_len":808} {"bill_id":"103_hr5050","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Paskenta Band Restoration Act''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Tribe'' means the Paskenta Band of Nomlaki \n Indians of the Paskenta Rancheria of California.\n (2) The term ``Secretary'' means the Secretary of the \n Interior.\n (3) The term ``Interim Council'' means the governing body \n of the Tribe specified in section 7.\n (4) The term ``member'' means an individual who meets the \n membership criteria under section 6(b).\n (5) The term ``State'' means the State of California.\n (6) The term ``reservation'' means those lands acquired and \n held in trust by the Secretary for the benefit of the Tribe \n pursuant to section 5.\n (7) The term ``service area'' means the counties of Tehama \n and Glenn, in the State of California.\n\nSEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.\n\n (a) Federal Recognition.--Federal recognition is hereby extended to \nthe Tribe. Except as otherwise provided in this Act, all laws and \nregulations of general application to Indians and nations, tribes, or \nbands of Indians that are not inconsistent with any specific provision \nof this Act shall be applicable to the Tribe and its members.\n (b) Restoration of Rights and Privileges.--Except as provided in \nsubsection (d), all rights and privileges of the Tribe and its members \nunder any Federal treaty, Executive order, agreement, or statute, or \nunder any other authority which were diminished or lost under the Act \nof August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby \nrestored and the provisions of such Act shall be inapplicable to the \nTribe and its members after the date of enactment of this Act.\n (c) Federal Services and Benefits.--Without regard to the existence \nof a reservation, the Tribe and its members shall be eligible, on and \nafter the date of enactment of this Act, for all Federal services and \nbenefits furnished to federally recognized Indian tribes or their \nmembers. In the case of Federal services available to members of \nfederally recognized Indian tribes residing on a reservation, members \nof the Tribe residing in the Tribe's service area shall be deemed to be \nresiding on a reservation.\n (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this \nAct shall expand, reduce, or affect in any manner any hunting, fishing, \ntrapping, gathering, or water right of the Tribe and its members.\n (e) Indian Reorganization Act Applicability.--The Act of June 18, \n1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its \nmembers.\n (f) Certain Rights Not Altered.--Except as specifically provided in \nthis Act, nothing in this Act shall alter any property right or \nobligation, any contractual right or obligation, or any obligation for \ntaxes levied.\n\nSEC. 4. ECONOMIC DEVELOPMENT.\n\n (a) Plan for Economic Development.--The Secretary shall--\n (1) enter into negotiations with the governing body of the \n Tribe with respect to establishing a plan for economic \n development for the Tribe;\n (2) in accordance with this section and not later than two \n years after the adoption of a tribal constitution as provided \n in section 8, develop such a plan; and\n (3) upon the approval of such plan by the governing body of \n the Tribe, submit such plan to the Congress.\n (b) Restrictions.--Any proposed transfer of real property contained \nin the plan developed by the Secretary under subsection (a) shall be \nconsistent with the requirements of section 5.\n\nSEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.\n\n (a) Lands To Be Taken in Trust.--The Secretary shall accept any \nreal property located in Tehama County, California, for the benefit of \nthe Tribe if conveyed or otherwise transferred to the Secretary if, at \nthe time of such conveyance or transfer, there are no adverse legal \nclaims to such property, including outstanding liens, mortgages, or \ntaxes owned. The Secretary may accept any additional acreage in the \nTribe's service area pursuant to the authority of the Secretary under \nthe Act of June 18, 1934 (25 U.S.C. 461 et seq.).\n (b) Lands To Be Part of the Reservation.--Subject to the conditions \nimposed by this section, any real property conveyed or transferred \nunder this section shall be taken in the name of the United States in \ntrust for the Tribe and shall be part of the Tribe's reservation.\n -(-c-) -L-a-n-d-s -T-o -B-e -N-o-n-t-a-x-a-b-l-e-.----A-n-y \n-r-e-a-l -p-r-o-p-e-r-t-y -c-o-n-v-e-y-e-d -o-r -t-r-a-n-s-f-e-r-r-e-d \n-t-o -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-a-k-e-n -i-n-t-o -t-r-u-s-t \n-f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -t-h-e -T-r-i-b-e -u-n-d-e-r -t-h-i-s \n-s-e-c-t-i-o-n -s-h-a-l-l -b-e -e-x-e-m-p-t -f-r-o-m -a-l-l \n-l-o-c-a-l-, -S-t-a-t-e-, -a-n-d -F-e-d-e-r-a-l -t-a-x-a-t-i-o-n -a-s \n-o-f -t-h-e -d-a-t-e -o-f -s-u-c-h -t-r-a-n-s-f-e-r-.\n\nSEC. 6. MEMBERSHIP ROLLS.\n\n (a) Compilation of Tribal Membership Roll.--Within one year after \nthe date of the enactment of this Act, the Secretary shall, after \nconsultation with the Tribe, compile a membership roll of the Tribe.\n (b) Criteria for Membership.--(1) Until a tribal constitution is \nadopted pursuant to section 8, an individual shall be placed on the \nmembership roll if such individual is living, is not an enrolled member \nof another federally recognized Indian tribe, is of Nomlaki Indian \nancestry, and if--\n (A) such individual's name was listed on the Paskenta \n Indian Rancheria distribution roll compiled on February 26, \n 1959, by the Bureau of Indian Affairs and approved by the \n Secretary of the Interior on July 7, 1959, pursuant to Public \n Law 85-671;\n (B) such individual was not listed on the Paskenta Indian \n Rancheria distribution list, but met the requirements that had \n to be met to be listed on the Paskenta Indian Rancheria list;\n (C) such individual is identified as an Indian from \n Paskenta in any of the official or unofficial rolls of Indians \n prepared by the Bureau of Indian Affairs; or\n (D) such individual is a lineal descendant of an \n individual, living or dead, identified in subparagraph (A), \n (B), or (C).\n (2) After adoption of a tribal constitution pursuant to section 8, \nsuch tribal constitution shall govern membership in the Tribe.\n (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose \nof subsection (b), the Secretary shall accept any available evidence \nestablishing Paskenta Indian ancestry. The Secretary shall accept as \nconclusive evidence of Paskenta Indian ancestry, information contained \nin the census of the Indians in and near Paskenta, prepared by Special \nIndian Agent John J. Terrell, in any other roll or census of Paskenta \nIndians prepared by the Bureau of Indian Affairs, and in the Paskenta \nIndian Rancheria distribution list, compiled by the Bureau of Indian \nAffairs on February 26, 1959.\n\nSEC. 7. INTERIM GOVERNMENT.\n\n Until a new tribal constitution and bylaws are adopted and become \neffective under section 8, the Tribe's governing body shall be an \nInterim Council. The initial membership of the Interim Council shall \nconsist of the members of the Tribal Council of the Tribe on the date \nof the enactment of this Act, and the Interim Council shall continue to \noperate in the manner prescribed for the Tribal Council under the \ntribal constitution adopted December 18, 1993. Any new members filling \nvacancies on the Interim Council shall meet the membership criteria set \nforth in section 6(b) and be elected in the same manner as are Tribal \nCouncil members under the tribal constitution adopted December 18, \n1993.\n\nSEC. 8. TRIBAL CONSTITUTION.\n\n (a) Election; Time and Procedure.--Upon the completion of the \ntribal membership roll under section 6(a) and upon the written request \nof the Interim Council, the Secretary shall conduct, by secret ballot, \nan election for the purpose of adopting a constitution and bylaws for \nthe Tribe. The election shall be held according to section 16 of the \nAct of June 18, 1934 (25 U.S.C. 476), except that absentee balloting \nshall be permitted regardless of voter residence.\n (b) Election of Tribal Officials; Procedures.--Not later than 120 \ndays after the Tribe adopts a constitution and bylaws under subsection \n(a), the Secretary shall conduct an election by secret ballot for the \npurpose of electing tribal officials as provided in such tribal \nconstitution. Such election shall be conducted according to the \nprocedures specified in subsection (a) except to the extent that such \nprocedures conflict with the tribal constitution.\n\nSEC. 9. GENERAL PROVISION.\n\n The Secretary may promulgate such regulations as may be necessary \nto carry out the provisions of this Act.","summary":"Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.","title":"Paskenta Band Restoration Act","text_len":9022,"sum_len":175} {"bill_id":"105_s1060","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Worldwide Tobacco Disclosure Act of \n1997''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Cigarette.--The term ``cigarette'' means--\n (A) any roll of tobacco wrapped in paper or in any \n substance not containing tobacco which is to be burned,\n (B) any roll of tobacco wrapped in any substance \n containing tobacco which, because of its appearance, \n the type of tobacco used in the filler, or its \n packaging and labeling is likely to be offered to, or \n purchased by consumers as a cigarette described in \n subparagraph (A),\n (C) little cigars which are any roll of tobacco \n wrapped in leaf tobacco or any substance containing \n tobacco (other than any roll of tobacco which is a \n cigarette within the meaning of subparagraph (A)) and \n as to which 1000 units weigh not more than 3 pounds, \n and\n (D) loose rolling tobacco and papers or tubes used \n to contain such tobacco.\n (2) Domestic concern.--The term ``domestic concern'' \n means--\n (A) any individual who is a citizen, national, or \n resident of the United States; and\n (B) any corporation, partnership, association, \n joint-stock company, business trust, unincorporated \n organization, or sole proprietorship which has its \n principal place of business in the United States, or \n which is organized under the laws of a State of the \n United States or a territory, possession, or \n commonwealth of the United States.\n (3) Nondiscriminatory law or regulation.--The term \n ``nondiscriminatory law or regulation'' means a law or \n regulation of a foreign country that adheres to the principle \n of national treatment and applies no less favorable treatment \n to goods that are imported into that country than it applies to \n like goods that are the product, growth, or manufacture of that \n country.\n (4) Package.--The term ``package'' means a pack, box, \n carton, or other container of any kind in which cigarettes or \n other tobacco products are offered for sale, sold, or otherwise \n distributed to customers.\n (5) Sale or distribution.--The term ``sale or \n distribution'' includes sampling or any other distribution not \n for sale.\n (6) State.--The term ``State'' includes, in addition to the \n 50 States, the District of Columbia, Guam, the Commonwealth of \n Puerto Rico, the Commonwealth of the Northern Mariana Islands, \n the Virgin Islands, American Samoa, the Republic of the \n Marshall Islands, the Federated States of Micronesia, and the \n Republic of Palau.\n (7) Tobacco product.--The term ``tobacco product'' means--\n (A) cigarettes;\n (B) little cigars;\n (C) cigars as defined in section 5702 of the \n Internal Revenue Code of 1986;\n (D) pipe tobacco;\n (E) loose rolling tobacco and papers used to \n contain such tobacco;\n (F) products referred to as spit tobacco; and\n (G) any other form of tobacco intended for human \n use or consumption.\n (8) United states.--The term ``United States'' includes the \n States and installations of the Armed Forces of the United \n States located outside a State.\n\nSEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING \n TOBACCO PRODUCTS.\n\n No funds appropriated by law may be used by any officer, employee, \ndepartment, or agency of the United States--\n (1) to seek, through negotiation or otherwise, the removal \n or reduction by any foreign country of any nondiscriminatory \n law or regulation, or any proposed nondiscriminatory law or \n regulation, in that country that restricts the advertising, \n manufacture, packaging, taxation, sale, importation, labeling, \n or distribution of tobacco products; or\n (2) to encourage or promote the export, advertising, \n manufacture, sale, or distribution of tobacco products.\n\nSEC. 4. CIGARETTE EXPORT LABELING.\n\n (a) Labeling Requirements for Export of Cigarettes.--\n (1) In general.--It shall be unlawful for any domestic \n concern to export from the United States, or to sell or \n distribute in, or export from, any other country, any \n cigarettes whose package does not contain a warning label \n that--\n (A) complies with Federal labeling requirements for \n cigarettes manufactured, imported, or packaged for sale \n or distribution within the United States; and\n (B) is in the primary language of the country in \n which the cigarettes are intended for consumption.\n (2) Labeling format.--Federal labeling format requirements \n shall apply to a warning label described in paragraph (1) in \n the same manner, and to the same extent, as such requirements \n apply to cigarettes manufactured, imported, or packaged for \n sale or distribution within the United States.\n (3) Rotation of labeling.--Federal rotation requirements \n for warning labels shall apply to a warning label described in \n paragraph (1) in the same manner, and to the same extent, as \n such requirements apply to cigarettes manufactured, imported, \n or packaged for sale or distributed within the United States.\n (4) Waivers.--\n (A) In general.--The President may waive the \n labeling requirements required by this Act for \n cigarettes, if the cigarettes are exported to a foreign \n country included in the list described in subparagraph \n (B) and if that country is the country in which the \n cigarettes are intended for consumption. A waiver under \n this subparagraph shall be in effect prior to the \n exportation of any cigarettes not in compliance with \n the requirements of this section by a person to a \n foreign country included in the list.\n (B) List of eligible countries for waiver.--\n (i) In general.--Not later than 90 days \n after the date of enactment of this Act, the \n President shall develop and publish in the \n Federal Register a list of foreign countries \n that have in effect requirements for the \n labeling of cigarette packages substantially \n similar to or more stringent than the \n requirements for labeling of cigarette packages \n set forth in paragraphs (1) through (3). The \n President shall use the list to grant a waiver \n under subparagraph (A).\n (ii) Update of list.--The President shall--\n (I) update the list described in \n clause (i) to include a foreign country \n on the list if the country meets the \n criteria described in clause (i), or to \n remove a foreign country from the list \n if the country fails to meet the \n criteria; and\n (II) publish the updated list in \n the Federal Register.\n (b) Penalties.--\n (1) Fine.--Any person who violates the provisions of \n subsection (a) shall be fined not more than $100,000 per day \n for each such violation. Any person who knowingly reexports \n from or transships cigarettes through a foreign country \n included in the list described in subsection (a)(4)(B) to avoid \n the requirements of this Act shall be fined not more than \n $150,000 per day for each such occurrence.\n (2) Injunction proceedings.--The district courts of the \n United States shall have jurisdiction, for cause shown, to \n prevent and restrain violations of subsection (a) upon the \n application of the Attorney General of the United States.\n (c) Repeal.--Section 12 of the Federal Cigarette Labeling and \nAdvertising Act (15 U.S.C. 1340) is repealed.\n (d) Regulatory Authority.--Not later than 90 days after the date of \nenactment of this Act, the President shall promulgate such regulations \nand orders as may be necessary to carry out this section.\n (e) Effective Date.--The provisions of subsections (a) through (c) \nshall take effect upon the effective date of the regulations \npromulgated under subsection (d).","summary":"Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any US employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products. Or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States. And (2) is in the primary language of the country in which the cigarettes are intended for consumption. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. Sets forth penalties for violation of this Act.","title":"Worldwide Tobacco Disclosure Act of 1997","text_len":9396,"sum_len":1092} {"bill_id":"110_hr4780","text":"of September 29, 1969 (Public Law 1, 2 42 U.S.C. 2461\n 91-76)...........................................\n \n \nNational Aeronautics and Space Administration 6 42 U.S.C. 2463\n Authorization Act, 1978 (Public Law 95-76).......\n \n \nNational Aeronautics and Space Administration 106(a) 42 U.S.C. 2464\n Authorization Act, 1983 (Public Law 97-324)......\n \n \nNational Aeronautics and Space Administration 201 42 U.S.C. 2466\n Authorization Act of 1986 (Public Law 99-170)....\n 202 42 U.S.C. 2466a\n 203 42 U.S.C. 2466b\n 204 42 U.S.C. 2466c\n \n \nNational Space Grant College and Fellowship Act 202 42 U.S.C. 2486\n (Title II of Public Law 100-147).................\n 203 42 U.S.C. 2486a\n 204 42 U.S.C. 2486b\n 205 42 U.S.C. 2486c\n 206 42 U.S.C. 2486d\n 207 42 U.S.C. 2486e\n 208 42 U.S.C. 2486f\n 209 42 U.S.C. 2486g\n 210 42 U.S.C. 2486h\n 211 42 U.S.C. 2486i\n 213 42 U.S.C. 2486k\n 214 42 U.S.C. 2486l\n \n \nDepartment of Housing and Urban Development-- (par. under heading 42 U.S.C. 2467\n Independent Agencies Appropriations Act, 1989 ``Science, Space, and\n (Public Law 100-404)............................. Technology Education Trust\n Fund'', at 102 Stat. 1028)\n \n \nDepartments of Veterans Affairs and Housing and (pars. under heading ``Small 42 U.S.C. 2473b\n Urban Development, and Independent Agencies and Disadvantaged Business'',\n Appropriations Act, 1990 (Public Law 101-144).... at 103 Stat. 863)\n \n \nNational Aeronautics and Space Administration 112 42 U.S.C. 2465a\n Authorization Act, Fiscal Year 1991 (Public Law\n 101-611).........................................\n 123 (not previously classified)\n 203 42 U.S.C. 2465c\n 206 42 U.S.C. 2465f\n \n \nDepartments of Veterans Affairs and Housing and (1st par. under heading 42 U.S.C. 2459d\n Urban Development, and Independent Agencies ``Administrative\n Appropriations Act, 1992 (Public Law 102-139).... Provisions'', at 105 Stat.\n 771)\n \n \nNational Aeronautics and Space Administration 19 42 U.S.C. 2459e\n Authorization Act, Fiscal Year 1992 (Public Law\n 102-195).........................................\n 20 42 U.S.C. 2467a\n 21 42 U.S.C. 2473c\n \n \nLand Remote Sensing Policy Act of 1992 (Public Law 2 15 U.S.C. 5601\n 102-555).........................................\n 3 15 U.S.C. 5602\n 101 15 U.S.C. 5611\n 102 15 U.S.C. 5612\n 103 15 U.S.C. 5613\n 104 15 U.S.C. 5614\n 105 15 U.S.C. 5615\n 201 15 U.S.C. 5621\n 202 15 U.S.C. 5622\n 203 15 U.S.C. 5623\n 204 15 U.S.C. 5624\n 205 15 U.S.C. 5625\n 301 15 U.S.C. 5631\n 302 15 U.S.C. 5632\n 303 15 U.S.C. 5633\n 401 15 U.S.C. 5641\n 501 15 U.S.C. 5651\n 502 15 U.S.C. 5652\n 503 15 U.S.C. 5653\n 504 15 U.S.C. 5654\n 505 15 U.S.C. 5655\n 506 15 U.S.C. 5656\n 507 15 U.S.C. 5657\n 508 15 U.S.C. 5658\n 601 15 U.S.C. 5671\n 602 15 U.S.C. 5672\n \n \nNational Aeronautics and Space Administration 304 42 U.S.C. 2467b\n Authorization Act, Fiscal Year 1993 (Public Law\n 102-588).........................................\n 501 15 U.S.C. 5801\n 502 15 U.S.C. 5802\n 504 15 U.S.C. 5803\n 506 15 U.S.C. 5805\n 507 15 U.S.C. 5806\n 508 15 U.S.C. 5807\n 510 15 U.S.C. 5808\n 601 42 U.S.C. 2487\n 602 42 U.S.C. 2487a\n 603 42 U.S.C. 2487b\n 604 42 U.S.C. 2487c\n 606 42 U.S.C. 2487e\n 607 42 U.S.C. 2487f\n 608 42 U.S.C. 2487g\n \n \nCommercial Space Act of 1998 (Public Law 105-303). 2 42 U.S.C. 14701\n 101 42 U.S.C. 14711\n 104 42 U.S.C. 14712\n 105 42 U.S.C. 14713\n 106 42 U.S.C. 14714\n 107 42 U.S.C. 14715, 15 U.S.C.\n 5621, 5622\n 201 42 U.S.C. 14731\n 202 42 U.S.C. 14732\n 204 42 U.S.C. 14733\n 205 42 U.S.C. 14734\n 206 42 U.S.C. 14735\n \n \nNational Aeronautics and Space Administration 126 42 U.S.C. 2475a\n Authorization Act of 2000 (Public Law 106-391)...\n 301 42 U.S.C. 2459g\n 304 42 U.S.C. 2459h\n 305 42 U.S.C. 2475b\n 325 42 U.S.C. 2473d\n \n \nCommercial Reusable In-Space Transportation Act of 902 42 U.S.C. 14751\n 2002 (Title IX of Public Law 107-248)............\n 903 42 U.S.C. 14752\n 904 42 U.S.C. 14753\n \n \nDepartments of Veterans Affairs and Housing and (last par. under heading 42 U.S.C. 2459i\n Urban Development, and Independent Agencies ``Administrative\n Appropriations Act, 2003 (Division K of Public Provisions'', at 117 Stat.\n Law 108-7)....................................... 520)\n \n \nNational Aeronautics and Space Administration 101(a) 42 U.S.C. 16611(a)\n Authorization Act of 2005 (Public Law 109-155)...\n 101(b) 42 U.S.C. 16611(b)\n 101(h)(1) 42 U.S.C. 16611(h)(1)\n 101(i) 42 U.S.C. 16611(i)\n 103 42 U.S.C. 16613\n 105 42 U.S.C. 16614\n 107 42 U.S.C. 16615\n 110 42 U.S.C. 16618\n 202 42 U.S.C. 16631\n 203 42 U.S.C. 16632\n 204 42 U.S.C. 16633\n 205 42 U.S.C. 16634\n 301 42 U.S.C. 16651\n 304(a) (matter before par. 42 U.S.C. 16654(a) (matter\n (1)) before par. (1))\n 304(a)(2) 42 U.S.C. 16654(a)(2)\n 305 42 U.S.C. 16655\n 306 42 U.S.C. 16656\n 311 42 U.S.C. 16671\n 312 42 U.S.C. 16672\n 313 42 U.S.C. 16673\n 314 42 U.S.C. 16674\n 315 42 U.S.C. 16675\n 316 42 U.S.C. 16676\n 401 42 U.S.C. 16701\n 411 42 U.S.C. 16711\n 421 42 U.S.C. 16721\n 422 42 U.S.C. 16722\n 423 42 U.S.C. 16723\n 424 42 U.S.C. 16724\n 425 42 U.S.C. 16725\n 426 42 U.S.C. 16726\n 427 42 U.S.C. 16727\n 431 42 U.S.C. 16741\n 441 42 U.S.C. 16751\n 501 42 U.S.C. 16761\n 503 42 U.S.C. 16763\n 504 42 U.S.C. 16764\n 505 42 U.S.C. 16765\n 506 42 U.S.C. 16766\n 507 42 U.S.C. 16767\n 601 42 U.S.C. 16781\n 612 42 U.S.C. 16791\n 613 42 U.S.C. 16792\n 615 42 U.S.C. 16794\n 616 42 U.S.C. 16795\n 618 42 U.S.C. 16797\n 619(b) 42 U.S.C. 16798(b)\n 621 42 U.S.C. 16811\n 707 42 U.S.C. 16821\n 708 42 U.S.C. 16822\n 709 42 U.S.C. 16823\n 821 42 U.S.C. 16841\n 822 42 U.S.C. 16842\n 823 42 U.S.C. 16843\n 824 42 U.S.C. 16844\n 825 42 U.S.C. 16845\n 826 42 U.S.C. 16846\n 827 42 U.S.C. 16847\n 828 42 U.S.C. 16848\n 829 42 U.S.C. 16849\n 830 42 U.S.C. 16850\n----------------------------------------------------------------------------------------------------------------","summary":"Enacts title 51 of the United States Code into positive law to be entitled National and Commercial Space Programs. Makes conforming changes to existing law and repeals specified provisions of specified laws.","title":"To enact title 51, United States Code, \"National and Commercial Space Programs\", as positive law.","text_len":18946,"sum_len":207} {"bill_id":"112_hr2676","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Small Business \nHealth Relief Act of 2011''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES\n\nSec. 101. Protecting American jobs and wages.\nSec. 102. Increasing flexibility for small businesses.\nSec. 103. Increasing choices for Americans.\nSec. 104. Protecting patients from higher premiums.\nSec. 105. Ensuring affordable coverage.\n TITLE II--INCREASING CONSUMER CONTROL\n\nSec. 201. Repeal of the restriction on over-the-counter medicines.\nSec. 202. Repeal of the annual cap.\n TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE\n\nSec. 301. Allowing individuals to keep the coverage they have if they \n like it.\n\n TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES\n\nSEC. 101. PROTECTING AMERICAN JOBS AND WAGES.\n\n Sections 1513 and 1514 and subsections (e), (f), and (g) of section \n10106 of the Patient Protection and Affordable Care Act (Public Law \n111-148) and the amendments made by such sections and subsections are \nrepealed and the Internal Revenue Code of 1986 shall be applied and \nadministered as if such provisions and amendments had never been \nenacted.\n\nSEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.\n\n Section 1302(c)(2) of the Patient Protection and Affordable Care \nAct (Public Law 111-148) is repealed.\n\nSEC. 103. INCREASING CHOICES FOR AMERICANS.\n\n (a) Qualified Health Plan Coverage Satisfied by High Deductible \nHealth Plan With Health Savings Account.--Section 1302(e) of the \nPatient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is \namended to read as follows:\n ``(e) High Deductible Health Plan With Health Savings Account.--A \nhealth plan not providing a bronze, silver, gold, or platinum level of \ncoverage shall be treated as meeting the requirements of subsection (d) \nwith respect to any plan year for any enrollee if the plan meets the \nrequirements for a high deductible health plan under section 223(c)(2) \nof the Internal Revenue Code of 1986 and such enrollee has established \na health savings account (as defined in section 223(d)(1) of such Code) \nin relation to such plan.''.\n (b) Conforming Amendments.--\n (1) Subparagraph (C) of section 1312(d)(3) of the Patient \n Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is \n amended by striking ``, except'' and all that follows through \n ``1302(e)(2)''.\n (2) Subparagraph (A) of section 36B(c)(3) of the Internal \n Revenue Code of 1986, as added by section 1401(a) of the \n Patient Protection and Affordable Care Act (Public Law 111-\n 148), is amended by striking ``, except'' and all that follows \n through ``such Act''.\n (3) Subparagraph (B) of section 1334(c)(1) of the Patient \n Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is \n amended by striking ``and catastrophic coverage''.\n\nSEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.\n\n Section 9010 of the Patient Protection and Affordable Care Act \n(Public Law 111-148), as amended by section 10905 of such Act, is \nrepealed.\n\nSEC. 105. ENSURING AFFORDABLE COVERAGE.\n\n Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 \nU.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient \nProtection and Affordable Care Act (Public Law 111-148), is amended by \nstriking ``, except'' and all that follows through ``2707(c))''.\n\n TITLE II--INCREASING CONSUMER CONTROL\n\nSEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES.\n\n Section 9003 of the Patient Protection and Affordable Care Act \n(Public Law 111-148) and the amendments made by such section are \nrepealed and the Internal Revenue Code of 1986 shall be applied as if \nsuch section and amendments had never been enacted.\n\nSEC. 202. REPEAL OF THE ANNUAL CAP.\n\n Sections 9005 and 10902 of the Patient Protection and Affordable \nCare Act (Public Law 111-148) and section 1403 of the Health Care and \nEducation Reconciliation Act of 2010 (Public Law 111-152) and the \namendments made by such sections are repealed and the Internal Revenue \nCode of 1986 shall be applied as if such sections and amendments had \nnever been enacted.\n\n TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE\n\nSEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY \n LIKE IT.\n\n (a) In General.--Section 1251(a)(2) of the Patient Protection and \nAffordable Care Act (42 U.S.C. 18011) is amended--\n (1) by striking ``Except as provided in paragraph (3),'' \n and inserting the following:\n ``(A) In general.--Except as provided in paragraphs \n (3) and (4),''; and\n (2) by adding at the end the following:\n ``(B) Protecting employers and consumers with \n grandfathered coverage.--\n ``(i) In general.--A group health plan or \n health insurance coverage in which an \n individual is enrolled on or after March 23, \n 2010, but before any plan year beginning not \n later than 1 year after the date of the \n enactment of this subparagraph, and which is \n deemed to be a grandfathered health plan under \n this section, shall continue to be considered a \n grandfathered health plan with respect to such \n individual regardless of any modification to \n the cost-sharing levels, employer contribution \n rates, or covered benefits under such plan or \n coverage as otherwise permitted under this Act \n (and the amendments made by this Act).\n ``(ii) Regulations.--The Secretary shall \n promulgate regulations to clarify the \n application of clause (i) to a plan or coverage \n that continues to be a grandfathered health \n plan pursuant to such clause.''.\n (b) Effective Date; Previously Promulgated Regulations Voided.--\n (1) Effective date.--The amendments made by this section \n shall take effect as if included in the enactment of the \n Patient Protection and Affordable Care Act.\n (2) Previously promulgated regulations voided.--Any \n regulations relating to section 1251(a)(2) of such Act \n promulgated before the date of the enactment of this Act shall \n have no force or effect.","summary":"Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage. And (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.","title":"To lower health premiums and increase choice for small businesses.","text_len":6885,"sum_len":1882} {"bill_id":"113_s2550","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Voting Restoration Act \nof 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Correctional institution or facility.--The term \n ``correctional institution or facility'' means any prison, \n penitentiary, jail, or other institution or facility for the \n confinement of individuals convicted of criminal offenses, \n whether publicly or privately operated, except that such term \n does not include any residential community treatment center (or \n similar public or private facility).\n (2) Election.--The term ``election'' means--\n (A) a general, special, primary, or runoff \n election;\n (B) a convention or caucus of a political party \n held to nominate a candidate;\n (C) a primary election held for the selection of \n delegates to a national nominating convention of a \n political party; or\n (D) a primary election held for the expression of a \n preference for the nomination of persons for election \n to the office of President.\n (3) Federal office.--The term ``Federal office'' means the \n office of President or Vice President of the United States, or \n of Senator or Representative in, or Delegate or Resident \n Commissioner to, the Congress of the United States.\n (4) Non-violent criminal offense.--The term ``non-violent \n criminal offense'' means any offense that is not a crime of \n violence (as defined in section 16 of title 18, United States \n Code).\n (5) Probation.--The term ``probation'' means probation or \n parole supervision, imposed by a Federal, State, or local court \n or parole board, with or without a condition on the individual \n involved concerning--\n (A) the individual's freedom of movement;\n (B) the payment of damages by the individual;\n (C) periodic reporting by the individual to an \n officer of the court or parole board; or\n (D) supervision of the individual by an officer of \n the court or parole board.\n\nSEC. 3. RIGHTS OF CITIZENS.\n\n (a) Right To Vote.--The right of an individual who is a citizen of \nthe United States to vote in any election for Federal office shall not \nbe denied or abridged because the individual has been convicted of a \nnon-violent criminal offense, unless, at the time of the election, the \nindividual--\n (1) is serving a sentence in a correctional institution or \n facility; or\n (2) subject to subsection (b), is serving a term of \n probation.\n (b) Restoration of Voting Rights for Individuals on Probation.--An \nindividual who is serving a term of probation shall have the right to \nvote restored in any election for Federal office--\n (1) on the date on which the term of probation ends, if the \n term of probation is less than 1 year; or\n (2) on the date that is 1 year after the date on which the \n individual begins serving the term of probation, if the term of \n probation is 1 year or longer.\n (c) Effective Date.--This section shall take effect 1 year after \nthe date of enactment of this Act.\n\nSEC. 4. ATTORNEY GENERAL DESIGNATION.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Attorney General shall determine which criminal \noffenses under Federal law and the laws of each State are non-violent \ncriminal offenses and establish a list of all such offenses.\n (b) Requirements.--The list established under subsection (a) shall \nbe--\n (1) made publically available, in a searchable format, on \n the website of the Department of Justice; and\n (2) updated no less frequently than every year.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Attorney General.--The Attorney General may, in a civil action, \nobtain such declaratory or injunctive relief as is necessary to remedy \na violation of this Act.\n (b) Private Right of Action.--\n (1) In general.--A person who is aggrieved by a violation \n of this Act may provide written notice of the violation to the \n chief election official of the State involved.\n (2) Relief.--Except as provided in paragraph (3), if the \n violation is not corrected within 90 days after receipt of a \n notice under paragraph (1), or within 20 days after receipt of \n the notice if the violation occurred within 120 days before the \n date of an election for Federal office, the aggrieved person \n may, in a civil action, obtain declaratory or injunctive relief \n with respect to the violation.\n (3) Exception.--If the violation occurred within 30 days \n before the date of an election for Federal office, the \n aggrieved person need not provide notice to the chief election \n official of the State under paragraph (1) before bringing a \n civil action to obtain declaratory or injunctive relief with \n respect to the violation.\n\nSEC. 6. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.\n\n (a) State Notification.--\n (1) Notification.--On the date determined under paragraph \n (2), each State shall notify in writing any individual who has \n been convicted of a non-violent criminal offense under the law \n of that State that the individual has, pursuant to this Act, \n the right to vote in an election for Federal office and to \n register to vote in any such election, subject to section 7(c).\n (2) Date of notification.--\n (A) Felony conviction.--In the case of such an \n individual who has been convicted of a felony, the \n notification required under paragraph (1) shall be \n given on the date on which the individual--\n (i) is sentenced to serve only a term of \n probation; or\n (ii) is released from the custody of that \n State (other than to the custody of another \n State or the Federal Government to serve a term \n of imprisonment for a felony conviction).\n (B) Misdemeanor conviction.--In the case of such an \n individual who has been convicted of a misdemeanor, the \n notification required under paragraph (1) shall be \n given on the date on which the individual is sentenced \n by a State court.\n (b) Federal Notification.--\n (1) Notification.--On the date determined under paragraph \n (2), the Director of the Bureau of Prisons shall notify in \n writing any individual who has been convicted of a non-violent \n criminal offense under Federal law that the individual has, \n pursuant to this Act, the right to vote in an election for \n Federal office and to register to vote in any such election, \n subject to section 7(c).\n (2) Date of notification.--\n (A) Felony conviction.--In the case of such an \n individual who has been convicted of a felony, the \n notification required under paragraph (1) shall be \n given on the date on which the individual--\n (i) is sentenced to serve only a term of \n probation by a court established by an Act of \n Congress; or\n (ii) is released from the custody of the \n Bureau of Prisons (other than to the custody of \n a State to serve a term of imprisonment for a \n felony conviction).\n (B) Misdemeanor conviction.--In the case of such an \n individual who has been convicted of a misdemeanor, the \n notification required under paragraph (1) shall be \n given on the date on which the individual is sentenced \n by a State court.\n\nSEC. 7. RELATION TO OTHER LAWS.\n\n (a) State Laws Relating to Voting Rights.--Nothing in this Act \nshall be construed to prohibit the States from enacting any State law \nwhich affords the right to vote in any election for Federal office on \nterms less restrictive than those established by this Act.\n (b) Certain Federal Acts.--The rights and remedies established by \nthis Act--\n (1) are in addition to all other rights and remedies \n provided by law; and\n (2) shall not supersede, restrict, or limit the application \n of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or \n the National Voter Registration Act (42 U.S.C. 1973-gg).\n (c) State Laws Relating to Voter Registration.--Nothing in this Act \nshall be construed to preempt State laws relating to the timing of \nvoter registration for any election for Federal office.\n\nSEC. 8. FEDERAL PRISON FUNDS.\n\n (a) In General.--No State, unit of local government, or other \nperson may receive or use, to construct or otherwise improve a prison, \njail, or other place of incarceration, any Federal grant amounts unless \nthat person has in effect a program under which each individual \nincarcerated in that person's jurisdiction is notified, upon release \nfrom such incarceration, of that individual's rights under section 3.\n (b) State Non-Compliance With Notification Requirements.--No State \nmay receive or use, to construct or otherwise improve a prison, jail, \nor other place of incarceration, any Federal grant amounts unless the \nState is in compliance with the notification requirements under section \n6(a).","summary":"Civil Rights Voting Restoration Act of 2014 - Declares that the right of a US citizen to vote in any election for federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation. Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year. Or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer. Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses. Provides for enforcement of, and remedies for violations of, this Act. Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act. Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act.","title":"Civil Rights Voting Restoration Act of 2014","text_len":9989,"sum_len":1262} {"bill_id":"113_s746","text":"SECTION 1. MARKET-DRIVEN INVENTORY SYSTEM.\n\n (a) In General.--Subtitle B of title I of the Food, Conservation, \nand Energy Act of 2008 (7 U.S.C. 8731 et seq.) is amended by adding at \nthe end the following:\n\n``SEC. 1211. MARKET-DRIVEN INVENTORY SYSTEM.\n\n ``(a) Definitions.--In this section:\n ``(1) Inventory cap.--The term `inventory cap' means the \n market commodity-specific limitations on participation in the \n program described in subsection (b)(3).\n ``(2) Market commodity.--The term `market commodity' means \n corn, oats, barley, grain sorghum, wheat, and soybeans.\n ``(3) Program.--The term `program' means the market-driven \n inventory system program established in accordance with this \n section.\n ``(4) Storage period.--The term `storage period' means, for \n a market commodity enrolled in the program, the period that--\n ``(A) begins on the date of enrollment of the \n market commodity in the program; and\n ``(B) ends on the date on which the Secretary \n authorizes loan repayment and release under subsection \n (d).\n ``(b) Recourse Loans Available.--\n ``(1) In general.--Subject to paragraph (3), for each of \n the 2014 through 2018 crops of each market commodity, the \n Secretary shall make available recourse loans in accordance \n with this section to producers on a farm that elect to \n participate in the program for 1 or more market commodities.\n ``(2) Enrollment.--\n ``(A) In general.--Enrollment in the program shall \n be voluntary and considered on a rolling basis.\n ``(B) Limitations.--\n ``(i) In general.--The Secretary may \n implement enrollment restrictions if the market \n prices of a market commodity are close to the \n recourse loan rate or the release price \n described in subsection (d)(2).\n ``(ii) End of restrictions.--Any enrollment \n restrictions implemented under clause (i) for a \n market commodity shall end as soon as the \n Secretary determines that the 1-month average \n of the market commodity is below the recourse \n loan rate for that market commodity.\n ``(3) Inventory cap.--Participation in the program for \n corn, wheat, and soybeans shall be limited to not more than the \n following:\n ``(A) Corn, 3,000,000,000 bushels.\n ``(B) Oats, 20,000,000 bushels.\n ``(C) Barley, 40,000,000 bushels.\n ``(D) Grain sorghum, 40,000,000 bushels.\n ``(E) Wheat, 800,000,000 bushels.\n ``(F) Soybeans, 400,000,000 bushels.\n ``(c) Storage Period.--\n ``(1) In general.--As a condition of participation, for \n each market commodity that the producers on a farm enroll in \n the program, the producers on the farm shall, throughout the \n storage period--\n ``(A) store the market commodity;\n ``(B) maintain the market commodity in proper \n condition, as determined by the Secretary; and\n ``(C) not sell or otherwise release into the market \n the market commodity.\n ``(2) Ownership.--During the storage period--\n ``(A) title to the market commodity shall remain \n with the producers on the farm, subject to the \n conditions on participation described in paragraph (1); \n and\n ``(B) the Secretary shall have a first lien on the \n market commodity for which a recourse loan under this \n section is received.\n ``(3) Payment.--\n ``(A) In general.--During the storage period, the \n Secretary shall make storage payments to the producers \n on the farm at a rate of $0.40 per bushel of market \n commodity per crop year.\n ``(B) Duration.--The Secretary shall terminate the \n making of storage payments for a market commodity to \n producers on a farm on the date on which the release \n price for the market commodity is triggered in \n accordance with subsection (d).\n ``(d) Loan Repayment and Release.--\n ``(1) In general.--Subject to paragraph (4), the Secretary \n shall authorize loan repayment and release for a market \n commodity on the date on which the release price for that \n market commodity is triggered.\n ``(2) Release price.--The release price for a market \n commodity shall be equal to 160 percent of the applicable \n recourse loan rate described in subsection (e).\n ``(3) Producer options.--Subject to paragraph (4), once the \n Secretary has authorized loan repayment and release for a \n market commodity, the producers on a farm may--\n ``(A) sell or otherwise release into the market the \n market commodity; or\n ``(B) continue to store the market commodity, but \n without receiving additional storage payments for the \n market commodity.\n ``(4) Partial release.--\n ``(A) In general.--Regardless of whether the \n inventory cap for a market commodity has been reached, \n if the Secretary determines, based on available \n information, that the total quantity of the market \n commodity stored is so great that release of all of the \n stored market commodity into the market would depress \n market prices below the release level, the Secretary \n may establish a maximum release quantity to limit the \n sale and release of the stored market commodity.\n ``(B) Administration.--In the case of a partial \n release described in subparagraph (A)--\n ``(i) the producers on a farm that first \n enrolled in the program shall be eligible first \n to sell or otherwise release into the market \n the stored market commodity; and\n ``(ii) the producers on a farm that do not \n have the option of selling or otherwise \n releasing into the market the stored market \n commodity shall continue to be eligible to \n receive storage payments for the market \n commodity.\n ``(e) Recourse Loan Rates.--For purposes of each of the 2014 \nthrough 2018 crop years, the recourse loan rate for a market commodity \nunder this section shall be equal to the following:\n ``(1) Corn, $3.50 per bushel.\n ``(2) Oats, $2.49 per bushel.\n ``(3) Barley, $3.50 per bushel.\n ``(4) Grain sorghum, $3.50 per bushel.\n ``(5) Wheat, $5.28 per bushel.\n ``(6) Soybeans, $8.97 per bushel.\n ``(f) Set-Aside Program.--\n ``(1) In general.--If the inventory cap for a market \n commodity is reached and the market price of the market \n commodity is below the recourse loan rate for the market \n commodity, the Secretary may establish a set-aside program \n under which producers on a farm may remove acres from \n production for the following crop year.\n ``(2) Eligibility.--To be eligible to enroll acres in the \n set-aside program under paragraph (1), the producers on a farm \n shall be required to have produced the applicable market \n commodity during at least 1 of the last 2 crop years, as \n determined by the Secretary.\n ``(3) Requirements.--\n ``(A) Cover crop.--\n ``(i) In general.--As a condition on \n participation in the set-aside program, \n producers on a farm shall be required to \n maintain an approved cover crop on all enrolled \n acreage.\n ``(ii) Planting flexibility.--Producers on \n a farm may plant any crop on acreage not \n enrolled in the set-aside program.\n ``(B) Secretarial discretion.--If the Secretary \n establishes a set-aside program under paragraph (1), \n the Secretary shall determine, at the discretion of the \n Secretary--\n ``(i) the amount of the payment to be made \n to producers that elect to participate in the \n set-aside program;\n ``(ii) the percentage of the total acreage \n planted to the market commodity that the \n producers are required to remove from \n production as a condition of participation; and\n ``(iii) the extent to which grazing and \n other noncommercial uses of the land enrolled \n in the set-aside program shall be permitted.''.\n (b) Conforming Amendments.--\n (1) Section 1001 of the Food, Conservation, and Energy Act \n of 2008 (7 U.S.C. 8702) is amended--\n (A) in paragraph (4)--\n (i) by striking ``wheat, corn, grain \n sorghum, barley, oats''; and\n (ii) by striking ``soybeans''; and\n (B) in paragraph (8)--\n (i) by striking ``wheat, corn, grain \n sorghum, barley, oats''; and\n (ii) by striking ``soybeans''.\n (2) Section 1103(b) of the Food, Conservation, and Energy \n Act of 2008 (7 U.S.C. 8713) is amended--\n (A) by striking paragraphs (1), (2), (3), (4), (5), \n and (9); and\n (B) by redesignating paragraphs (6), (7), (8), and \n (10) as paragraphs (1), (2), (3), and (4), \n respectively.\n (3) Section 1104(c)(3) of the Food, Conservation, and \n Energy Act of 2008 (7 U.S.C. 8714(c)(3)) is amended--\n (A) by striking subparagraphs (A), (B), (C), (D), \n (E), and (I); and\n (B) by redesignating subparagraphs (F), (G), and \n (H) and (J) through (N) as subparagraphs (A), (B), and \n (C) and (D) through (H), respectively.\n (4) Section 1202(c) of the Food, Conservation, and Energy \n Act of 2008 (7 U.S.C. 8732(c)) is amended--\n (A) by striking paragraphs (1), (2), (3), (4), (5), \n and (10); and\n (B) by redesignating paragraphs (6) through (9) and \n (11) through (19) as paragraphs (1) through (4) and (5) \n through (13), respectively.\n (c) Application.--The amendments made by this section apply \nbeginning with the 2014 crop of a market commodity (as defined in \nsection 1211(a) of the Food, Conservation, and Energy Act of 2008 (as \nadded by subsection (a))).","summary":"Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), for each of the 2014-2018 crops of each market commodity, to make recourse loans available to producers on a farm electing to participate in the program. Sets forth: (1) the recourse loan rate for corn, oats, barley, grain sorghum, wheat, and soybeans. And (2) market commodity-specific limitations on participation for such crops. Requires participating producers, until the Secretary authorizes loan repayment and release, to: (1) store and maintain the market commodity, and (2) not sell or otherwise release the commodity into the market. Provides that during such storage period: (1) title to the commodity shall remain with the producers, and (2) the Secretary shall have a first lien on the commodity for which a recourse loan is received. Provides USDA payments to producers at $0.40 per bushel per crop year. Authorizes the Secretary to establish a partial commodity release if the market release of all of the stored commodity would depress prices below the release level. Authorizes the Secretary to establish a set-aside program under which qualifying producers on a farm may remove acres from production for the following crop year if the inventory cap for a commodity is reached and such commodity's market price is below the recourse loan rate. Requires participating producers to maintain a cover crop on all enrolled acreage.","title":"A bill to amend the Food, Conservation, and Energy Act of 2008 to establish a market-driven inventory system.","text_len":11758,"sum_len":1443} {"bill_id":"108_s1814","text":"SECTION 1. PURPOSES AND DEFINITIONS.\n\n (a) Purposes.--The purposes of this Act are--\n (1) to transfer administrative jurisdiction of certain Federal \n lands in Missouri from the Secretary of the Interior to the \n Secretary of Agriculture for continued Federal operation of the \n Mingo Job Corps Civilian Conservation Center; and\n (2) to not change the Secretary of Labor's role or authority \n regarding this Job Corps Center.\n (b) Definitions.--For the purposes of this Act--\n (1) ``Center'' means the Mingo Job Corps Civilian Conservation \n Center in Stoddard County, Missouri, referenced in section 2(a) of \n this Act;\n (2) ``eligible employee'' means a person who, as of the date of \n enactment of this Act, is a full-time, part-time, or intermittent \n annual or per hour permanent Federal Government employee of the \n Fish and Wildlife Service at the Mingo Job Corps Civilian \n Conservation Center, including the two fully funded Washington \n Office Job Corps support staff;\n (3) ``Environmental Authorities'' mean all applicable Federal, \n State and local laws (including regulations) and requirements \n related to protection of human health, natural resources, or the \n environment, including but not limited to: the Comprehensive \n Environmental Response, Compensation and Liability Act of 1980 (42 \n U.S.C. 9601, et seq.); the Solid Waste Disposal Act (42 U.S.C. \n 6901, et seq.); the Federal Water Pollution Control Act (33 U.S.C. \n 1251, et seq.); the Clean Air Act (42 U.S.C. 7401, et seq.); the \n Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, \n et seq.); the Toxic Substances Control Act (15 U.S.C. 2601, et \n seq.); the Safe Drinking Water Act (42 U.S.C. 300f, et seq.); and \n the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et \n seq.);\n (4) ``U.S. Fish and Wildlife Service'' means the United States \n Fish and Wildlife Service as referenced at title 16, United States \n Code, section 742b(b);\n (5) ``Forest Service'' means the Department of Agriculture \n Forest Service as established by the Secretary of Agriculture \n pursuant to the authority of title 16, United States Code, section \n 551;\n (6) ``Job Corps'' means the national Job Corps program \n established within the Department of Labor, as set forth in the \n Workforce Investment Act of 1998, Public Law No. 105-220, \n Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29 \n U.S.C. 2881-2901);\n (7) ``National Forest System'' means that term as defined at \n title 16, United States Code, section 1609(a); and\n (8) ``National Wildlife Refuge System'' means that term as \n defined at title 16, United States Code, section 668dd.\n\nSEC. 2. TRANSFER OF ADMINISTRATION.\n\n (a) Transfer of Center.--Administrative jurisdiction over the Mingo \nJob Corps Civilian Conservation Center, comprising approximately 87 \nacres in Stoddard County, Missouri, as generally depicted on a map \nentitled ``Mingo National Wildlife Refuge'', dated September 17, 2002, \nto be precisely identified in accordance with \nsubsection (c) of this section, is hereby transferred, without \nconsideration, from the Secretary of the Interior to the Secretary of \nAgriculture.\n (b) Maps and Legal Descriptions.--\n (1) The map referenced in this section shall be on file and \n available for public inspection in the Office of the Chief, Forest \n Service, Washington, DC, and in the office of the Chief of Realty, \n U.S. Fish and Wildlife Service, Arlington, Virginia.\n (2) Not later than 180 days after the date of enactment of this \n Act, the Secretary of the Interior, in consultation with the \n Secretary of Agriculture, shall file a legal description and map of \n all of the lands comprising the Center and being transferred by \n section 2(a) of this Act with the Committee on Resources of the \n United States House of Representatives and the Committee on \n Environment and Public Works of the United States Senate, and such \n description and map shall have the same force and effect as if \n included in this Act, except that the Secretary of the Interior may \n make typographical corrections as necessary.\n (c) Applicable Laws.--\n (1) Subject to section 3, the Center transferred pursuant to \n subsection (a) shall be administered by the Secretary of \n Agriculture and shall be subject to the laws and regulations \n applicable to the National Forest System.\n (2) This transfer shall not conflict or interfere with any laws \n and regulations applicable to Job Corps.\n\nSEC. 3. IMPLEMENTATION OF TRANSFER.\n\n (a) Reversion Requirement.--\n (1) In the event that the Center is no longer used or \n administered for Job Corps purposes, as concurred to by the \n Secretary of Labor, the Secretary of Agriculture shall so notify \n the Secretary of the Interior, and the Secretary of the Interior \n shall have 180 days from the date of such notice to exercise \n discretion to reassume jurisdiction over such lands.\n (2) The reversionary provisions of subsection (a) shall be \n effected, without further action by the Congress, through a Letter \n of Transfer executed by the Chief, Forest Service, and the \n Director, United States Fish and Wildlife Service, and with notice \n thereof published in the Federal Register within 60 days of the \n date of the Letter of Transfer.\n (b) Authorizations.--\n (1) In general.--A permit or other authorization granted by the \n U.S. Fish and Wildlife Service on the Center that is in effect on \n the date of enactment of this Act will continue with the \n concurrence of the Forest Service.\n (2) Reissuance.--A permit or authorization described in \n paragraph (1) may be reissued or terminated under terms and \n conditions prescribed by the Forest Service.\n (3) Exercise of rights.--The Forest Service may exercise any of \n the rights of the U.S. Fish and Wildlife Service contained in any \n permit or other authorization, including any right to amend, \n modify, and revoke the permit or authorization.\n (c) Contracts.--\n (1) Existing contracts.--The Forest Service is authorized to \n undertake all rights and obligations of the U.S. Fish and Wildlife \n Service under contracts entered into by the U.S. Fish and Wildlife \n Service on the Center that is in effect on the date of enactment of \n this Act.\n (2) Notice of novation.--The Forest Service shall promptly \n notify all contractors that it is assuming the obligations of the \n U.S. Fish and Wildlife Service under such contracts.\n (3) Disputes.--Any contract disputes under the Contracts \n Disputes Act (41 U.S.C. 601, et seq.) regarding the administration \n of the Center and arising prior to the date of enactment of this \n Act shall be the responsibility of the U.S. Fish and Wildlife \n Service.\n (d) Memorandum of Agreement.--\n (1) In general.--The Chief, Forest Service, and the Director, \n U.S. Fish and Wildlife Service, are authorized to enter into a \n memorandum of agreement concerning implementation of this Act, \n including procedures for--\n (A) the orderly transfer of employees of the U.S. Fish and \n Wildlife Service to the Forest Service;\n (B) the transfer of property, fixtures, and facilities;\n (C) the transfer of records;\n (D) the maintenance and use of roads and trails; and\n (E) other transfer issues.\n (e) Agreements With the Secretary of Labor.--In the operation of \nthe Center, the Forest Service will undertake the rights and \nobligations of the U.S. Fish and Wildlife Service with respect to \nexisting agreements with the Secretary of Labor pursuant to Public Law \n105-220 (29 U.S.C. 2887, et seq.), and the Forest Service will be the \nresponsible agency for any subsequent agreements or amendments to \nexisting agreements.\n (f) Records.--\n (1) Area management records.--The Forest Service shall have \n access to all records of the U.S. Fish and Wildlife Service \n pertaining to the management of the Center.\n (2) Personnel records.--The personnel records of eligible \n employees transferred pursuant to this Act, including the Official \n Personnel Folder, Employee Performance File, and other related \n files, shall be transferred to the Forest Service.\n (3) Land title records.--The U.S. Fish and Wildlife Service \n shall provide to the Forest Service records pertaining to land \n titles, surveys, and other records pertaining to transferred real \n property and facilities.\n (g) Transfer of Personal Property.--\n (1) In general.--All federally owned personal property present \n at the Center is hereby transferred without consideration to the \n jurisdiction of the Forest Service, except that with regard to \n personal property acquired by the Fish and Wildlife Service using \n funds provided by the Department of Labor under the Job Corps \n program, the Forest Service shall dispose of any such property in \n accordance with the procedures stated in section 7(e) of the 1989 \n Interagency Agreement for Administration of Job Corps Civilian \n Conservation Center Program, as amended, between the Department of \n Labor and the Department of the Interior.\n (2) Inventory.--Not later than 60 days after the date of \n enactment of this Act, the U.S. Fish and Wildlife Service shall \n provide the Forest Service with an inventory of all property and \n facilities at the Center.\n (3) Property included.--Property under this subsection \n includes, but is not limited to, buildings, office furniture and \n supplies, computers, office equipment, vehicles, tools, equipment, \n maintenance supplies, and publications.\n (4) Exclusion of property.--At the request of the authorized \n representative of the U.S. Fish and Wildlife Service, the Forest \n Service may exclude movable property from transfer based on a \n showing by the U.S. Fish and Wildlife Service that the property is \n needed for the mission of the U.S. Fish and Wildlife Service, \n cannot be replaced in a cost-effective manner, and is not needed \n for management of the Center.\n\nSEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.\n\n (a) Documentation of Existing Conditions.--\n (1) In general.--Within 60 days after the date of enactment of \n this Act, the U.S. Fish and Wildlife Service shall provide the \n Forest Service and the Office of Job Corps, Employment and Training \n Administration, Department of Labor, all reasonably ascertainable \n documentation and information that exists on the environmental \n condition of the land comprising the Center.\n (2) Additional documentation.--The U.S. Fish and Wildlife \n Service shall provide the Forest Service and the Office of Job \n Corps, Employment and Training Administration, Department of Labor, \n with any additional documentation and information regarding the \n environmental condition of the Center as such documentation and \n information becomes available.\n (b) Actions Required.--\n (1) Assessment.--Within 120 days after the date of enactment of \n this Act, the U.S. Fish and Wildlife Service shall provide the \n Forest Service and the Office of Job Corps, Employment and Training \n Administration, Department of Labor, an assessment, consistent with \n ASTM Standard E1527, indicating what action, if any, is required on \n the Center under any Environmental Authorities.\n (2) Memorandum of agreement.--If the findings of the \n environmental assessment indicate that action is required under \n applicable Environmental Authorities with respect to any portion of \n the Center, the Forest Service and the U.S. Fish and Wildlife \n Service shall enter into a memorandum of agreement that--\n (A) provides for the performance by the U.S. Fish and \n Wildlife Service of the required actions identified in the \n environmental assessment; and\n (B) includes a schedule for the timely completion of the \n required actions to be taken as agreed to by U.S. Fish and \n Wildlife Service and Forest Service.\n (c) Documentation of Actions.--After a mutually agreeable amount of \ntime following completion of the environmental assessment, but not \nexceeding 180 days from such completion, the U.S. Fish and Wildlife \nService shall provide the Forest Service and the Office of Job Corps, \nEmployment and Training Administration, Department of Labor, with \ndocumentation demonstrating that all actions required under applicable \nEnvironmental Authorities have been taken that are necessary to protect \nhuman health and the environment with respect to any hazardous \nsubstance, pollutant, contaminant, hazardous waste, hazardous material, \nor petroleum product or derivative of a petroleum product on the \nCenter.\n (d) Continuation of Responsibilities and Liabilities.--\n (1) In general.--The transfer of the Center and the \n requirements of this section shall not in any way affect the \n responsibilities and liabilities of the U.S. Fish and Wildlife \n Service at the Center under any applicable Environmental \n Authorities.\n (2) Access.--At all times after the date of enactment of this \n Act, the U.S. Fish and Wildlife Service and its agents shall be \n accorded any access to the Center that may be reasonably required \n to carry out the responsibility or satisfy the liability referred \n to in paragraph (1).\n (3) No liability.--The Forest Service shall not be liable under \n any applicable Environmental Authorities for matters that are \n related directly or indirectly to activities of the U.S. Fish and \n Wildlife Service or the Department of Labor on the Center occurring \n on or before the date of enactment of this Act, including liability \n for--\n (A) costs or performance of response actions required under \n the Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related \n to the Center; or\n (B) costs, penalties, fines, or performance of actions \n related to noncompliance with applicable Environmental \n Authorities at or related to the Center or related to the \n presence, release, or threat of release of any hazardous \n substance, pollutant, or contaminant, hazardous waste, \n hazardous material, or petroleum product or derivative of a \n petroleum product of any kind at or related to the Center, \n including contamination resulting from migration.\n (4) No effect on responsibilities or liabilities.--Except as \n provided in paragraph (3), nothing in this title affects, modifies, \n amends, repeals, alters, limits or otherwise changes, directly or \n indirectly, the responsibilities or liabilities under applicable \n Environmental Authorities with respect to the Forest Service after \n the date of enactment of this Act.\n (e) Other Federal Agencies.--Subject to the other provisions of \nthis section, a Federal agency that carried or carries out operations \nat the Center resulting in the violation of an environmental authority \nshall be responsible for all costs associated with corrective actions \nand subsequent remediation.\n\nSEC. 5. PERSONNEL.\n\n (a) In General.--\n (1) Employment.--Notwithstanding section 3503 of title 5, \n United States Code, the Forest Service will accept the transfer of \n eligible employees at their current pay and grade levels to \n administer the Center as of the date of enactment of this Act.\n (b) Transfer-Appointment in the Forest Service.--Eligible employees \nwill transfer, without a break in Federal service and without \ncompetition, from the Department of the Interior, U.S. Fish and \nWildlife Service, to the Department of Agriculture, Forest Service, \nupon an agreed date by both agencies.\n (c) Employee Benefit Transition.--Employees of the U.S. Fish and \nWildlife Service who transfer to the Forest Service--\n (1) shall retain all benefits and\/or eligibility for benefits \n of Federal employment without interruption in coverage or reduction \n in coverage, including those pertaining to any retirement, Thrift \n Savings Plan (TSP), Federal Employee Health Benefit (FEHB), Federal \n Employee Group Life Insurance (FEGLI), leave, or other employee \n benefits;\n (2) shall retain their existing status with respect to the \n Civil Service Retirement System (CSRS) or the Federal Employees \n Retirement System (FERS);\n (3) shall be entitled to carry over any leave time accumulated \n during their Federal Government employment;\n (4) shall retain their existing level of competitive employment \n status and tenure; and\n (5) shall retain their existing GM, GS, or WG grade level and \n pay.\n\nSEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.\n\n (a) The U.S. Fish and Wildlife Service and the Forest Service will \ncover their own costs in implementing this Act.\n (b) There is hereby authorized to be appropriated such sums as may \nbe necessary to carry out this Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Transfers administrative jurisdiction of certain Federal lands in Stoddard County, Missouri, from the Secretary of the Interior to the Secretary of Agriculture for continued operation of the Mingo Job Corps Civilian Conservation Center. Maintains Department of Labor agreements with respect to such Center. Transfers eligible employees, with their benefits and without a break in Federal service and without competition, from the Department of the Interior, US Fish and Wildlife Service, to the Department of Agriculture. Authorizes appropriations.","title":"A bill to transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior.","text_len":17734,"sum_len":548} {"bill_id":"107_hr2898","text":"TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``Federal Airports Security \nEnhancement Act''.\n\nSEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES.\n\n The Act of July 5, 1994 (49 U.S.C. 44935), is amended--\n (1) by striking section 44901 subparagraph (b) and \n inserting the following:\n\n``SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.''.\n\n (2) by striking section 44935 subparagraph (b) and \n inserting the following:\n ``(a) Review and Recommendations.--The Administrator of the Federal \nAviation Administration shall establish Security Committees at each \nairport location to be composed of representatives of the air carriers, \nairport operators, other interested parties and at least one \nrepresentative from the Federal Protective Service, the Federal Bureau \nof Investigation, The Federal Aviation Administration and one member \nfrom each local jurisdiction that the airport may be located in or that \nmay have jurisdictional authority for the airport facility. Each \nAirport Security Committee shall meet at least quarterly and shall make \nrecommendations for minimum security countermeasures to the \nAdministrator. The Federal Protective Service shall have primary \nresponsibility for conducting on an ongoing basis security surveys and \nformulating recommendations to the Security Committee. The \nAdministrator shall prescribe appropriate changes in existing \nprocedures to improve that performance.''.\n\nSEC. 103. SCREENING PASSENGERS AND PROPERTY.\n\n The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking \nsection 44901, subparagraph (a), and inserting the following:\n ``(a) General Requirements.--The Administrator of the Federal \nAviation Administration shall prescribe regulations requiring screening \nof all passengers and property that will be carried in a cabin of an \naircraft in air transportation or intrastate air transportation. The \nscreening must take place before boarding and be carried out by a \nweapon detecting facility or procedure used or operated by an employee \nor agent of the Federal Protective Service. The Administrator--\n ``(1) shall require that sufficient Federal Police Officers \n are posted at airport facilities to provide patrol duties \n during all hours of operations as well as supervise screening \n personnel;\n ``(2) shall maintain sufficient numbers of Special Agents \n to provide necessary investigative and supervisory capability; \n and\n ``(3) shall obtain all necessary personnel and \n authorization from the Administrator of the General Services \n Administration.''.\n\nSEC. 104. DESIGNATION OF POLICE OFFICERS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--\n (1) in section 1 by striking the section heading and \n inserting the following:\n\n``SEC. 2. POLICE OFFICERS.'';\n\n (2) in sections 1 and 3 by striking ``special policemen'' \n each place it appears and inserting ``police officers'';\n (3) in section 1(a) by striking ``uniformed guards'' and \n inserting ``certain employees''; and\n (4) in section 1(b) by striking ``Special policemen'' and \n inserting the following:\n ``(1) In general.--Police officers''.\n\nSEC. 105. POWERS.\n\n Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is \nfurther amended--\n (1) by adding at the end the following:\n ``(2) Additional powers.--Subject to paragraph (3), a \n police officer or Special Agent appointed under this section is \n authorized--\n ``(A) to carry firearms in any State, the District \n of Columbia, the Commonwealth of Puerto Rico, or any \n territory or possession of the United States;\n ``(B) to petition Federal courts for arrest and \n search warrants and to execute such warrants;\n ``(C) to arrest an individual without a warrant if \n the individual commits a crime in the officer's \n presence or if the officer has probable cause to \n believe that the individual has committed a crime or is \n committing a crime; and\n ``(D) to conduct investigations, on and off the \n property in question, of offenses that have been or may \n be committed against property under the charge and \n control of the Administrator or against persons on such \n property.\n ``(3) Authority outside federal property.--The \n Administrator may enter into agreements with State and local \n governments to obtain authority for police officers appointed \n under this section to exercise, concurrently with State and \n local law enforcement authorities, the powers granted to such \n officers under this section in areas adjacent to property owned \n or occupied by the United States and under the charge and \n control of the Administrator:\n ``(A) The Administrator will in coordination with \n the Administrator of the Federal Aviation \n Administration confer the powers granted to such \n officers under this section in areas under the charge \n and control of the Administrator of the Federal \n Aviation Administration.''; and\n (2) by moving the left margin of paragraph (1) (as \n designated by section 202(4) of this Act) so as to \n appropriately align with paragraphs (2), (3), and (4) (as added \n by paragraph (1) of this subsection).\n\nSEC. 105. SPECIAL AGENTS.\n\n Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--\n (1) by striking ``nonuniformed special policemen'' each \n place it appears and inserting ``special agents'';\n (2) by striking ``special policemen'' and inserting \n ``special agent''; and\n (3) by adding at the end the following: ``Any such special \n agent while on duty shall have the same authority outside \n Federal property as police officers have under section \n 1(b)(4).''.\n\nSEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.\n\n (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is \namended by adding at the end the following:\n\n``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.\n\n ``(a) In General.--The Administrator of General Services shall \nestablish the Federal Protective Service as a separate operating \nservice of the General Service Administration.\n ``(b) Appointment of Commissioner.--\n ``(1) In general.--The Federal Protective Service shall be \n headed by a Commissioner who shall be appointed by and report \n directly to the Administrator.\n ``(2) Qualifications.--The Commissioner shall be appointed \n from among individuals who have at least 5 years of \n professional law enforcement experience in a command or \n supervisory position.\n ``(c) Duties of the Commissioner.--The Commissioner shall--\n ``(1) assist the Administrator in carrying out the duties \n of the Administrator under this Act;\n ``(2) except as otherwise provided by law, serve as the law \n enforcement officer and security official of the United States \n with respect to the protection of Federal officers and \n employees in buildings and areas that are owned or occupied by \n the United States and under the charge and control of the \n Administrator (other than buildings and areas that are secured \n by the United States Secret Service);\n ``(3) render necessary assistance, as determined by the \n Administrator, to other Federal, State, and local law \n enforcement agencies upon request; and\n ``(4) coordinate the activities of the Commissioner with \n the activities of the Commissioner of the Public Buildings \n Service.\nNothing in this subsection may be construed to supersede or otherwise \naffect the duties and responsibilities of the United States Secret \nService under sections 1752 and 3056 of title 18, United States Code.\n ``(d) Appointment of Regional Directors and Assistant \nCommissioners.--\n ``(1) In general.--The Commissioner may appoint regional \n directors and assistant commissioners of the Federal Protective \n Service.\n ``(2) Qualifications.--The Commissioner shall select \n individuals for appointments under paragraphs (1) from among \n individuals who have at least 5 years of direct law enforcement \n experience, including at least 2 years in a supervisory \n position.''.\n (b) Pay Level of Commissioner.--Section 5316 of title 5, United \nStates Code, is amended by inserting after the paragraph relating to \nthe Commissioner of the Public Buildings Service the following: \n``Commissioner, Federal Protective Service, General Services \nAdministration.''.\n\nSEC. 107. PAY AND BENEFITS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 7. PAY AND BENEFITS.\n\n ``(a) Survey.--The Director of the Office of Personnel Management \nshall conduct a survey of the pay and benefits of all Federal police \nforces to determine whether there are disparities between the pay and \nbenefit of such forces that are not commensurate with differences in \nduties of working conditions.\n ``(b) Pay Schedule.--The Director of the Office of Personnel \nManagement shall in connection with the survey conducted in subsection \n(a) produce a pay and benefit schedule for employees of the Federal \nProtective Service to be contained in the findings and recommendations.\n ``(c) Report.--Not later than 6 months after the date of the \nenactment of this section, the Director shall transmit to Congress a \nreport containing the results of the survey conducted under subsection \n(a), together with the Director's findings and recommendations.''.\n\nSEC. 108. NUMBER OF POLICE OFFICERS.\n\n (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is \nfurther amended by adding at the end the following:\n\n``SEC. 8. NUMBER OF POLICE OFFICERS.\n\n ``After the 1-year period beginning on the date of the enactment of \nthis section, there shall be at least 1,000 full-time equivalent police \nofficers in the Federal Protective Service to be assigned to areas \noutside of airport operations. This number shall not be reduced unless \nspecifically authorized by law. The Administrator of the General \nServices Administration and the Administrator of the Federal Aviation \nAdministration shall jointly determine full time equivalent number of \nPolice Officers and Special Agents assigned to airport security and law \nenforcement.''.\n\nSEC. 109. EMPLOYMENT STANDARDS AND TRAINING.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.\n\n ``(a) In General.--The Commissioner of the Federal Protective \nService shall prescribe minimum standards of suitability for employment \nto be applied in the contracting of security personnel for buildings \nand areas that are owned or occupied by the United States and under the \ncontrol and charge of the Administrator of General Services:\n ``(1) Contract cost.--The Commissioner of the Federal \n Protective Service shall conduct a cost analysis on each \n security personnel supply contract to determine if the use of \n personnel directly employed by the United States would be more \n cost effective for use in buildings and areas that are owned or \n occupied by the United States and under the control and charge \n of the Administrator of General Services. The Commissioner of \n the Federal Protective Service may not use the prescribed cost \n analysis for purposes of reducing the number of Police Officers \n with the Federal Protective Service''.\n\nSEC. 110. AUTHORIZATION OF COST RECOVERY.\n\n The Administrator of the General Services Administration is \nauthorized to recover all direct and indirect costs associated with \nairport security operations under this Act from the Federal Aviation \nAdministration:\n (a) Operations cost recovery.--The Administrator of the \n Federal Aviation Administration is authorized to recover costs \n associated with enhanced security operations from the airport \n authorities and air carriers where such entities are currently \n providing services that would be replaced by the requirements \n in this act in such matter as may be determined by the \n Administrator.\n (b) The Administrator of the Federal Aviation \n Administration may recover all direct costs of enhancements \n required by this act where such personnel or services do not \n currently exist and no appropriation is available from airport \n authorities and air carriers in such manner as the \n Administrator may determine.\n\nSEC. 111. AUTHORIZATION OF APPROPRIATIONS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated from the Federal Buildings \nFund established by section 210(f) of the Federal Property and \nAdministrative Services Act of 1949 (40 U.S.C. 490(f)) and from the \nFederal Aviation Administration such sums as may be necessary to carry \nout this Act.''.","summary":"Federal Airports Security Enhancement Act - Amends Federal aviation law to direct the Administrator of the Federal Aviation Administration (FAA) to establish at each airport a Security Committee which shall make recommendations for minimum security counter-measures. Requires the Administrator, on the basis of such recommendations, to prescribe appropriate changes to improve the performance of existing airport security procedures. Requires the screening of passengers and property that will be carried in a cabin of an aircraft to be carried out by Federal Protective Service employees or agents. Authorizes the Administrator of the General Services Administration (GSA) to appoint police officers and special agents for the policing of all Federal buildings . Sets forth certain additional powers of such officers and agents, including the authority to carry firearms and to police areas adjacent to Federal property. Establishes the Federal Protective Service as a separate operating service of the GSA. Calls for at least 1,000 full-time equivalent Service police officers to be assigned to areas outside of airport operations. Requires the Commissioner of the Service to prescribe minimum employment and training standards to be applied in the contracting of security personnel for the policing of buildings and areas controlled by the United States and GSA. Authorizes GSA to recover airport security costs from the FAA.","title":"To amend the Act of June 1, 1948 and July 5, 1994, to provide for reform of the Federal Protective Service, to enhance the safety and security of federal, state and local employees, members of the public at airports with any facilities under the control of the General Services Administration, or airports under the control of the Federal Aviation Administration, and for other purposes.","text_len":13809,"sum_len":1428} {"bill_id":"105_s2107","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Paperwork Elimination \nAct''.\n\nSEC. 2. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF \n ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE \n AGENCIES.\n\n Section 3504(a)(1)(B)(vi) of title 44, United States Code, is \namended to read as follows:\n ``(vi) the acquisition and use of \n information technology, including alternative \n information technologies that provide for \n electronic submission, maintenance, or \n disclosure of information as a substitute for \n paper and for the use and acceptance of \n electronic signatures.''.\n\nSEC. 3. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY \n EXECUTIVE AGENCIES.\n\n (a) In General.--In order to fulfill the responsibility to \nadminister the functions assigned under chapter 35 of title 44, United \nStates Code, the provisions of the Clinger-Cohen Act of 1996 (divisions \nD and E of Public Law 104-106) and the amendments made by that Act, and \nthe provisions of this Act, the Director of the Office of Management \nand Budget shall, in consultation with the National Telecommunications \nand Information Administration and not later than 18 months after the \ndate of enactment of this Act, develop procedures for the use and \nacceptance of electronic signatures by Executive agencies.\n (b) Requirements for Procedures.--(1) The procedures developed \nunder subsection (a)--\n (A) shall be compatible with standards and technology for \n electronic signatures that are generally used in commerce and \n industry and by State governments;\n (B) may not inappropriately favor one industry or \n technology;\n (C) shall ensure that electronic signatures are as reliable \n as is appropriate for the purpose in question and keep intact \n the information submitted;\n (D) shall provide for the electronic acknowledgment of \n electronic forms that are successfully submitted; and\n (E) shall, to the extent feasible and appropriate, require \n an Executive agency that anticipates receipt by electronic \n means of 50,000 or more submittals of a particular form to take \n all steps necessary to ensure that multiple methods of \n electronic signatures are available for the submittal of such \n form.\n (2) The Director shall ensure the compatibility of the procedures \nunder paragraph (1)(A) in consultation with appropriate private bodies \nand State government entities that set standards for the use and \nacceptance of electronic signatures.\n\nSEC. 4. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF PROCEDURES \n FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.\n\n In order to fulfill the responsibility to administer the functions \nassigned under chapter 35 of title 44, United States Code, the \nprovisions of the Clinger-Cohen Act of 1996 (divisions D and E of \nPublic Law 104-106) and the amendments made by that Act, and the \nprovisions of this Act, the Director of the Office of Management and \nBudget shall ensure that, commencing not later than five years after \nthe date of enactment of this Act, Executive agencies provide--\n (1) for the option of the electronic maintenance, \n submission, or disclosure of information, when practicable as a \n substitute for paper; and\n (2) for the use and acceptance of electronic signatures, \n when practicable.\n\nSEC. 5. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.\n\n In order to fulfill the responsibility to administer the functions \nassigned under chapter 35 of title 44, United States Code, the \nprovisions of the Clinger-Cohen Act of 1996 (divisions D and E of \nPublic Law 104-106) and the amendments made by that Act, and the \nprovisions of this Act, the Director of the Office of Management and \nBudget shall, not later than 18 months after the date of enactment of \nthis Act, develop procedures to permit private employers to store and \nfile electronically with Executive agencies forms containing \ninformation pertaining to the employees of such employers.\n\nSEC. 6. STUDY ON USE OF ELECTRONIC SIGNATURES.\n\n (a) Ongoing Study Required.--In order to fulfill the responsibility \nto administer the functions assigned under chapter 35 of title 44, \nUnited States Code, the provisions of the Clinger-Cohen Act of 1996 \n(divisions D and E of Public Law 104-106) and the amendments made by \nthat Act, and the provisions of this Act, the Director of the Office of \nManagement and Budget shall, in cooperation with the National \nTelecommunications and Information Administration, conduct an ongoing \nstudy of the use of electronic signatures under this title on--\n (1) paperwork reduction and electronic commerce;\n (2) individual privacy; and\n (3) the security and authenticity of transactions.\n (b) Reports.--The Director shall submit to Congress on a periodic \nbasis a report describing the results of the study carried out under \nsubsection (a).\n\nSEC. 7. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.\n\n Electronic records submitted or maintained in accordance with \nprocedures developed under this Act, or electronic signatures or other \nforms of electronic authentication used in accordance with such \nprocedures, shall not be denied legal effect, validity, or \nenforceability because such records are in electronic form.\n\nSEC. 8. DISCLOSURE OF INFORMATION.\n\n Except as provided by law, information collected in the provision \nof electronic signature services for communications with an executive \nagency, as provided by this Act, shall only be used or disclosed by \npersons who obtain, collect, or maintain such information as a business \nor government practice, for the purpose of facilitating such \ncommunications, or with the prior affirmative consent of the person \nabout whom the information pertains.\n\nSEC. 9. APPLICATION WITH INTERNAL REVENUE LAWS.\n\n No provision of this Act shall apply to the Department of the \nTreasury or the Internal Revenue Service to the extent that such \nprovision--\n (1) involves the administration of the internal revenue \n laws; or\n (2) conflicts with any provision of the Internal Revenue \n Service Restructuring and Reform Act of 1998 or the Internal \n Revenue Code of 1986.\n\nSEC. 10. DEFINITIONS.\n\n For purposes of this Act:\n (1) Electronic signature.--The term ``electronic \n signature'' means a method of signing an electronic message \n that--\n (A) identifies and authenticates a particular \n person as the source of the electronic message; and\n (B) indicates such person's approval of the \n information contained in the electronic message.\n (2) Executive agency.--The term ``Executive agency'' has \n the meaning given that term in section 105 of title 5, United \n States Code.\n\n Passed the Senate October 15 (legislative day, October 2), \n 1998.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget: (1) in providing direction and overseeing the acquisition and use of information technology, to include alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures. (2) to develop procedures for the use and acceptance of electronic signatures by executive agencies. (3) to ensure that, within five years, executive agencies provide for the option of electronic maintenance, submission, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures, when practicable. (4) to develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to employees. And (5) in cooperation with the National Telecommunications and Information Administration, to conduct and report to Congress on an ongoing study of the use of electronic signatures on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions. Provides for: (1) the enforceability and legal effect of electronic records and signatures. (2) protection from disclosure of information collected in the provision of electronic signature services for executive agencies. And (3) applicability exceptions with respect to administration of the internal revenue laws.","title":"Government Paperwork Elimination Act","text_len":7466,"sum_len":1539} {"bill_id":"110_hr5962","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Keep Our Homes Act of 2008''.\n\nSEC. 2. TEMPORARY DEDUCTION FOR CERTAIN MORTGAGE COUNSELING.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions) is amended by redesignating section 224 as section 225 and \nby inserting after section 223 the following new section:\n\n``SEC. 224. CERTAIN MORTGAGE COUNSELING.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a deduction an amount equal to the amount paid or incurred \nby the taxpayer during the taxable year for qualified mortgage \ncounseling.\n ``(b) Limitation.--The deduction allowed under subsection (a) shall \nnot exceed $500 for any taxable year.\n ``(c) Qualified Mortgage Counseling.--For purposes of this section, \nthe term `qualified mortgage counseling' means any mortgage counseling \nprovided by an organization accredited by the Federal Housing \nAdministration to provide such counseling if such counseling is \nobtained before the issuance of the loan with respect to which such \ncounseling relates. Such term shall not include any counseling if such \ncounseling is provided with respect to a loan which is not secured by \nthe principal residence (within the meaning of section 121) of the \ntaxpayer.\n ``(d) Termination.--The deduction under this section shall not be \nallowed with respect to any amount paid or incurred after December 31, \n2012.''.\n (b) Deduction Allowed in Computing Adjusted Gross Income.--\nSubsection (a) of section 62 of such Code is amended by inserting \nbefore the last sentence the following new paragraph:\n ``(21) Certain mortgage counseling.--The deduction allowed \n by section 224.''.\n (c) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by redesignating the \nitem relating to section 224 as an item relating to section 225 and \ninserting before such item the following new item:\n\n``Sec. 224. Certain mortgage counseling.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. TEMPORARY DEDUCTION FOR UPSIDE DOWN MORTGAGES.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions), as amended by this Act, is amended by redesignating \nsection 225 as section 226 and by inserting after section 224 the \nfollowing new section:\n\n``SEC. 225. UPSIDE DOWN MORTGAGES.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a deduction an amount equal to 20 percent of the excess (if \nany) of--\n ``(1) the acquisition indebtedness (within the meaning of \n section 163) as determined at the close of the taxable year \n with respect to the principal residence (within the meaning of \n section 121) of the taxpayer, over\n ``(2) the valuation (as in effect at the close of such \n taxable year) of such residence as determined for purposes of \n State and local real property tax assessments.\n ``(b) Limitation.--The deduction allowed under subsection (a) shall \nnot exceed $5,000 for any taxable year.\n ``(c) Denial of Benefit for Fraudulently Obtained Mortgages.--\nAcquisition indebtedness shall not be taken into account under \nsubsection (a) if material misstatements were made by the taxpayer in \nobtaining such indebtedness.\n ``(d) Termination.--The deduction under this section shall not be \nallowed with respect to any amount paid or incurred after December 31, \n2009.''.\n (b) Deduction Allowed in Computing Adjusted Gross Income.--\nSubsection (a) of section 62 of such Code, as amended by this Act, is \namended by inserting before the last sentence the following new \nparagraph:\n ``(22) Upside down mortgages.--The deduction allowed by \n section 224.''.\n (c) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code, as amended by this Act, is \namended by redesignating the item relating to section 225 as an item \nrelating to section 226 and inserting before such item the following \nnew item:\n\n``Sec. 225. Upside down mortgages.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 4. TEMPORARY CREDIT FOR CERTAIN HOME PURCHASES.\n\n (a) Allowance of Credit.--Subpart A of part IV of subchapter A of \nchapter 1 of the Internal Revenue Code of 1986 (relating to \nnonrefundable personal credits) is amended by inserting after section \n25D the following new section:\n\n``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--In the case of an individual who is a \n purchaser of a qualified principal residence during the taxable \n year, there shall be allowed as a credit against the tax \n imposed by this chapter an amount equal to the lesser of--\n ``(A) 10 percent of the purchase price of the \n residence, or\n ``(B) $7,500 ($9,000 if such residence is in a high \n cost area (as determined by the Secretary of Housing \n and Urban Development)).\n ``(2) Allocation of credit amount.--The amount of the \n credit allowed under paragraph (1) shall be equally divided \n among the 2 taxable years beginning with the taxable year in \n which the purchase of the qualified principal residence is \n made.\n ``(b) Limitations.--\n ``(1) Date of purchase.--The credit allowed under \n subsection (a) shall be allowed only with respect to purchases \n made--\n ``(A) after the date of the enactment of this \n section, and\n ``(B) before the date that is 12 months after such \n date.\n ``(2) Limitation based on modified adjusted gross income.--\n ``(A) In general.--The amount allowable as a credit \n under subsection (a) (determined without regard to this \n paragraph) for the taxable year shall be reduced (but \n not below zero) by the amount which bears the same \n ratio to the amount which is so allowable as--\n ``(i) the excess (if any) of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) $70,000 ($140,000 in the \n case of a joint return), bears to\n ``(ii) $20,000.\n ``(B) Modified adjusted gross income.--For purposes \n of subparagraph (A), the term `modified adjusted gross \n income' means the adjusted gross income of the taxpayer \n for the taxable year increased by any amount excluded \n from gross income under section 911, 931, or 933.\n ``(3) Limitation based on amount of tax.--In the case of a \n taxable year to which section 26(a)(2) does not apply, the \n credit allowed under subsection (a) for any taxable year shall \n not exceed the excess of--\n ``(A) the sum of the regular tax liability (as \n defined in section 26(b)) plus the tax imposed by \n section 55, over\n ``(B) the sum of the credits allowable under this \n subpart (other than this section and section 23) for \n the taxable year.\n ``(4) One-time only.--\n ``(A) In general.--If a credit is allowed under \n this section in the case of any individual (and such \n individual's spouse, if married) with respect to the \n purchase of any qualified principal residence, no \n credit shall be allowed under this section in any \n taxable year with respect to the purchase of any other \n qualified principal residence by such individual or a \n spouse of such individual.\n ``(B) Joint purchase.--In the case of a purchase of \n a qualified principal residence by 2 or more unmarried \n individuals or by 2 married individuals filing \n separately, no credit shall be allowed under this \n section if a credit under this section has been allowed \n to any of such individuals in any taxable year with \n respect to the purchase of any other qualified \n principal residence.\n ``(c) Qualified Principal Residence.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified principal residence' \n means any residence that is purchased to be the principal \n residence of the purchaser.\n ``(2) Principal residence.--The term `principal residence' \n has the same meaning as when used in section 121.\n ``(d) Denial of Double Benefit.--No credit shall be allowed under \nthis section for any purchase for which a credit is allowed under \nsection 1400C.\n ``(e) Recapture in the Case of Certain Dispositions.--In the event \nthat a taxpayer--\n ``(1) disposes of the qualified principal residence with \n respect to which a credit is allowed under subsection (a), or\n ``(2) fails to occupy such residence as the taxpayer's \n principal residence,\nat any time within 24 months after the date on which the taxpayer \npurchased such residence, then the remaining portion of the credit \nallowed under subsection (a) shall be disallowed in the taxable year \nduring which such disposition occurred or in which the taxpayer failed \nto occupy the residence as a principal residence, and in any subsequent \ntaxable year in which the remaining portion of the credit would, but \nfor this subsection, have been allowed.\n ``(f) Special Rules.--\n ``(1) Joint purchase.--\n ``(A) Married individuals filing separately.--In \n the case of 2 married individuals filing separately, \n subsection (a) shall be applied to each such individual \n by substituting `$3,500' for `$7,000' in paragraph (1) \n thereof.\n ``(B) Unmarried individuals.--If 2 or more \n individuals who are not married purchase a qualified \n principal residence, the amount of the credit allowed \n under subsection (a) shall be allocated among such \n individuals in such manner as the Secretary may \n prescribe, except that the total amount of the credits \n allowed to all such individuals shall not exceed \n $7,000.\n ``(2) Purchase; purchase price.--Rules similar to the rules \n of paragraphs (2) and (3) of section 1400C(e) (as in effect on \n the date of the enactment of this section) shall apply for \n purposes of this section.\n ``(3) Reporting requirement.--Rules similar to the rules of \n section 1400C(f) (as so in effect) shall apply for purposes of \n this section.\n ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit \nis allowed under this section with respect to the purchase of any \nresidence, the basis of such residence shall be reduced by the amount \nof the credit so allowed.''.\n (b) Conforming Amendments.--\n (1) Section 24(b)(3)(B) of the Internal Revenue Code of \n 1986 is amended by striking ``and 25B'' and inserting ``, 25B, \n and 25E''.\n (2) Section 25(e)(1)(C)(ii) of such Code is amended by \n inserting ``25E,'' after ``25D,''.\n (3) Section 25B(g)(2) of such Code is amended by striking \n ``section 23'' and inserting ``sections 23 and 25E''.\n (4) Section 25D(c)(2) of such Code is amended by striking \n ``and 25B'' and inserting ``25B, and 25E''.\n (5) Section 26(a)(1) of such Code is amended by striking \n ``and 25B'' and inserting ``25B, and 25E''.\n (6) Section 904(i) of such Code is amended by striking \n ``and 25B'' and inserting ``25B, and 25E''.\n (7) Subsection (a) of section 1016 of such Code is amended \n by striking ``and'' at the end of paragraph (36), by striking \n the period at the end of paragraph (37) and inserting ``, \n and'', and by adding at the end the following new paragraph:\n ``(38) to the extent provided in section 25E(g).''.\n (8) Section 1400C(d)(2) of such Code is amended by striking \n ``and 25D'' and inserting ``25D, and 25E''.\n (c) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 25D the \nfollowing new item:\n\n``Sec. 25E. Credit for certain home purchases.''.\n (d) Effective Date.--The amendments made by this section shall \napply to purchases in taxable years ending after the date of the \nenactment of this Act.\n (e) Application of EGTRRA Sunset.--The amendment made by subsection \n(b)(1) shall be subject to title IX of the Economic Growth and Tax \nRelief Reconciliation Act of 2001 in the same manner as the provisions \nof such Act to which such amendment relates.\n\nSEC. 5. TEMPORARY ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES \n FOR NONITEMIZERS.\n\n (a) In General.--Section 63(c)(1) of the Internal Revenue Code of \n1986 (defining standard deduction) is amended by striking ``and'' at \nthe end of subparagraph (A), by striking the period at the end of \nsubparagraph (B) and inserting ``, and'', and by adding at the end the \nfollowing new subparagraph:\n ``(C) in the case of any taxable year beginning in \n 2008 or 2009, the real property tax deduction.''.\n (b) Definition.--Section 63(c) of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new paragraph:\n ``(8) Real property tax deduction.--\n ``(A) In general.--For purposes of paragraph (1), \n the real property tax deduction is so much of the \n amount of the eligible State and local real property \n taxes paid or accrued by the taxpayer during the \n taxable year which do not exceed $500 ($1,000 in the \n case of a joint return).\n ``(B) Eligible state and local real property \n taxes.--For purposes of subparagraph (A), the term \n `eligible State and local real property taxes' means \n State and local real property taxes (within the meaning \n of section 164), but only if the rate of tax for all \n residential real property taxes in the jurisdiction has \n not been increased at any time after April 2, 2008, and \n before January 1, 2009.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 6. TEMPORARY EXCLUSION OF UNEMPLOYMENT COMPENSATION FROM GROSS \n INCOME.\n\n (a) In General.--Section 85 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new subsection:\n ``(c) Temporary Exclusion.--Notwithstanding subsection (a), in the \ncase of unemployment compensation received by an individual during 2008 \nor 2009, gross income shall not include such compensation.''.\n (b) Effective Date.--The amendments made by this section shall \napply to amounts received after December 31, 2007.","summary":"Keep Our Homes Act of 2008 - Amends the Internal Revenue Code to allow: (1) a tax deduction through 2012 for mortgage counseling costs. (2) a tax deduction through 2009 for amounts, up to $5,000, of mortgage indebtedness in excess of the assessed value of a principal residence. (3) a one-time tax credit for a percentage of the purchase price of a principal residence. (4) nonitemizing taxpayers a tax deduction in 2008 or 2009 for real property taxes. And (5) an exclusion from gross income for unemployment compensation received in 2008 or 2009.","title":"To amend the Internal Revenue Code of 1986 to provide temporary housing related tax relief for individuals, and for other purposes.","text_len":16043,"sum_len":548} {"bill_id":"108_hr1364","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``World Trade Center National Memorial \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds as follows:\n (1) On September 11, 2001, terrorists hijacked four \n civilian aircraft, causing two of them to crash into the twin \n towers of the World Trade Center in New York City, a third into \n the Pentagon, and a fourth in rural southwest Pennsylvania.\n (2) Nearly 3,000 people were killed at the World Trade \n Center site in the most lethal terrorist attack ever committed \n against the United States.\n (3) In the months since the historic events of September \n 11, 2001, thousands of people have visited the World Trade \n Center site to mourn the dead, to pay tribute to the heroic \n action and sacrifice of the firefighters, police, emergency \n personnel, and other responders, and attempt to understand the \n nature of this attack on the United States.\n (4) The attack on the World Trade Center resulted in great \n destruction and damage to homes, churches, schools, and \n commercial and retail buildings, causing the loss of thousands \n of jobs and businesses in Lower Manhattan.\n (5) The human and emotional toll of this attack has been \n felt across the United States and throughout the world.\n (6) Many are profoundly concerned about the future \n disposition of the World Trade Center site, and many citizens, \n family members, professional organizations, local businesses \n and residents, and State and local officials have formed \n coalitions and held forums to provide a voice for all \n interested and concerned parties.\n (7) A broad and deep consensus has emerged in the United \n States that this site is a sacred site that cannot be forgotten \n and requires the highest form of national recognition.\n (8) It is appropriate that a national memorial be \n established at, or proximate to, the World Trade Center site to \n commemorate the internationally significant events of September \n 11, 2001, and the lives lost, and that the memorial be \n designated as a unit of the National Park System.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To establish a national memorial at, or proximate to, \n the World Trade Center site in New York City to commemorate the \n tragic events of September 11, 2001.\n (2) To ensure the public has full access to and significant \n involvement in decisions regarding the location, planning, and \n design of the national memorial.\n (3) To authorize the Secretary of the Interior to provide \n technical assistance to the Lower Manhattan Development \n Corporation and to permanently administer the national memorial \n as a unit of the National Park System for present and future \n generations.\n (4) To establish in the Department of the Interior the \n World Trade Center Memorial Advisory Board to advise the \n Director of the National Park Service on the management of the \n memorial.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Board.--The term ``Board'' means the World Trade Center \n Memorial Advisory Board established in section 7.\n (2) Corporation.--The term ``Corporation'' means the Lower \n Manhattan Development Corporation, a public agency created to \n oversee the rebuilding of the World Trade Center site and \n surrounding area.\n (3) Governor.--The term ``Governor'' means the Governor of \n New York.\n (4) Mayor.--The term ``Mayor'' means the Mayor of New York \n City.\n (5) Memorial.--The term ``Memorial'' means a sculpture, \n structure, or landscape element, including the real property on \n which it is sited, designed to commemorate the significance to \n the Nation of the events of September 11, 2001, at or proximate \n to the World Trade Center site in New York City and designated \n under section 4.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL.\n\n (a) Establishment.--There is authorized to be established as a unit \nof the National Park System, a national memorial at, or proximate to, \nthe site of the World Trade Center in New York City. The proposed \ndesign and boundary of the Memorial shall be determined through a \npublic planning process established by the Corporation and included in \nthe report required by section 5. The final design and boundary of the \nMemorial shall be approved by the Secretary, the Governor, and the \nMayor.\n (b) Administration.--Upon transfer to the United States by willing \nsellers of the land upon which the Memorial is to be located, such land \nand the Memorial shall be administered by the Secretary through the \nNational Park Service, as a unit of the National Park System, in \naccordance with the provisions of this Act, the Act of August 25, 1916 \n(39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 \n(49 Stat. 666; 16 U.S.C. 461-467).\n\nSEC. 5. REPORT.\n\n (a) Contents.--Not later than 3 years after the date of the \nenactment of this Act, the Corporation shall submit a report to the \nSecretary, the Governor, and the Mayor for approval. This report shall \ncontain the following:\n (1) The recommended design and boundary for the Memorial.\n (2) A description of those considerations incorporated into \n the boundary and design necessary to permit the effective and \n efficient management of the Memorial as a unit of the National \n Park System.\n (3) A proposal and schedule for the transfer of interests \n in property as is appropriate to the Secretary. The transfer \n must ensure that the property upon which the Memorial is to be \n located is transferred to the United States by willing sellers \n before construction of the Memorial begins.\n (4) A description of the processes and opportunities \n provided for public participation in the development of the \n report.\n (5) Any other planning, scheduling, construction, and long-\n term management issues and recommendations which, in the \n opinion of the Corporation, merit inclusion in the report.\n (b) Approval Process.--Not later than 90 days after receiving \nnotification by the Governor and the Mayor of their respective \napprovals of the report, the Secretary shall approve or disapprove the \nreport. If the Secretary disapproves the report, the Secretary shall \nadvise the Corporation, in writing, of the reasons for such disapproval \nand shall indicate any recommendations for revisions. Not later than 45 \ndays after receiving any necessary revisions to the report, the \nSecretary shall approve or disapprove the revised report.\n (c) Final Report.--The final report approved by the Secretary, the \nGovernor, and the Mayor shall be transmitted to the Committee on Energy \nand Natural Resources of the Senate, and the Committee on Resources of \nthe House of Representatives.\n\nSEC. 6. DUTIES OF THE SECRETARY.\n\n The Secretary is authorized to take the following actions:\n (1) Upon request by the Corporation, to provide assistance \n in conducting public meetings and forums.\n (2) Provide project management assistance for planning, \n design, and construction activities and in particular, to \n provide consultation and information permitting the plans and \n designs included within the report as required in section 5 to \n incorporate such elements necessary to facilitate the effective \n and efficient management of the Memorial as a unit of the \n National Park System.\n (3) Provide other assistance related to documentation and \n interpretation of the site and preservation of Memorial \n artifacts.\n (4) Acquire from willing sellers the land or interests in \n land for the Memorial site by donation, purchase with donated \n or appropriated funds, or exchange.\n (5) Administer, through the National Park Service, the \n Memorial as a unit of the National Park System in accordance \n with this Act and with the laws generally applicable to units \n of the National Park System.\n (6) Prepare a charter for the Board established in section \n 7 to clarify its role and its relationship with the Department \n of the Interior and the National Park Service.\n\nSEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY \n BOARD.\n\n (a) Establishment.--Upon transfer of the completed Memorial to the \nNational Park Service, there is established an advisory Board to be \nknown as the ``World Trade Center Memorial Advisory Board''.\n (b) Duties.--The Board shall operate as an advisor to the National \nPark Service on the management of the Memorial, taking into \nconsideration input from the public and interested parties.\n (c) Membership.--The Board shall be composed of 17 members \nappointed by the Secretary as follows:\n (1) Two members appointed after consideration of \n recommendations by each United States Senator from the State of \n New York.\n (2) One member appointed after consideration of \n recommendations by the member of the United States House of \n Representatives whose district shall encompass the World Trade \n Center site.\n (3) Four members appointed after consideration of \n recommendations by the Mayor, to represent a broad spectrum of \n interested citizens, agencies, and organizations.\n (4) Four members appointed after consideration of \n recommendations by the Governor, to represent a broad spectrum \n of interested citizens, agencies, and organizations.\n (5) Six members appointed after consideration of \n recommendations by the President.\n (d) Terms.--Members of the Board shall serve for a term of 3 years. \nAny member of the Board may continue to serve after the expiration of \nhis or her term, until such time as a successor is appointed. Any \nvacancy in the Board shall be filled in the same manner in which the \noriginal appointment was made.\n (e) Chair.--The members of the Board shall designate 1 of the \nmembers as Chair of the Board.\n (f) Meetings.--The Board shall meet on a regular basis, at least 4 \ntimes a year. Notice of meetings shall be published in local \nnewspapers. Board meetings shall be held at locations and in such a \nmanner as to ensure adequate public involvement.\n (g) Quorum.--A majority of the members serving on the Board shall \nconstitute a quorum for the transaction of any business.\n (h) Voting.--The Board shall act and advise by a majority vote of \nthe members present at any meeting at which a quorum is in attendance.\n (i) Expenses.--Members of the Board shall serve without \ncompensation, but while engaged in official business shall be entitled \nto travel expenses, including per diem in lieu of subsistence in the \nsame manner as persons employed intermittently in Federal Government \nservice under section 5703 of title 5, United States Code.\n (j) Termination.--The Board shall terminate 60 days after the date \nupon which the Memorial ceases to be administered by the National Park \nService.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Construction.--Upon approval of the report required by section \n5, the Secretary is authorized to grant such sums as may be necessary \nto the Corporation for the construction of a permanent Memorial in \naccordance with the approved report.\n (b) Matching Requirement.--Funds made available pursuant to \nsubsection (a) shall not exceed 50 percent of the construction cost of \nthe Memorial.\n (c) Technical Assistance.--There is authorized to be appropriated \nto the National Park Service, $300,000 for fiscal year 2004 and each \nfiscal year thereafter to provide technical assistance to the \nCorporation and to otherwise carry out this Act.\n (d) Board.--There is authorized to be appropriated to the Board \nsuch sums as may be necessary to perform its responsibilities under \nthis Act.","summary":"World Trade Center National Memorial Act - Authorizes the establishment as a unit of the National Park System of a national memorial at or near the site of the World Trade Center (WTC) in New York City to commemorate the significance to the Nation of the events of September 11, 2001. Requires the design and boundary of the memorial to be: (1) determined through a public planning process established by the Lower Manhattan Development Corporation. And (2) approved by the Secretary of the Interior, the Governor of New York, and the Mayor of New York City. Establishes the World Trade Center Memorial Advisory Board upon transfer of the completed memorial to the National Park Service.","title":"To authorize a national memorial at, or proximate to, the World Trade Center site to commemorate the tragic events of September 11, 2001, to establish the World Trade Center Memorial Advisory Board, and for other purposes.","text_len":12579,"sum_len":687} {"bill_id":"113_s2842","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caregiver Corps Act of 2014''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) As of 2013, more than 43,000,000 Americans are age 65 \n or older. More than 75 percent of such individuals live with \n chronic conditions which require assistance that helps them to \n live in a home- or community-based setting. In 2012, almost \n 38,000,000 Americans of all ages reported having one or more \n disabilities.\n (2) As of 2012, there were over 800,000 home health aides \n assisting older adults in their homes with activities of daily \n living and some light housekeeping tasks such as changing \n linens and preparing food. Direct care workers are critical as \n families and friends strive to provide quality care for \n individuals in the community.\n (3) Estimates suggest that there are 52,000,000 to \n 65,000,000 informal caregivers helping to provide care to \n adults with disabilities and illnesses. These caregivers help \n with a range of tasks but more time is spent on tasks such as \n shopping, food preparation, housekeeping, and laundry, and less \n time is spent on activities of daily living such as feeding, \n dressing, grooming, walking, bathing, and assistance toileting.\n (4) Over 60 percent of all informal caregivers work either \n full- or part-time. Even with the growing number of direct care \n workers available, there is a shortage in the number of people \n available to help support individuals who need extra assistance \n to remain in the community.\n (5) Only 12 percent of informal caregivers report having \n used a respite service. Respite is a means of giving the \n caregiver a break from their caregiving duties. Respite comes \n in many forms and may include having the individual attend an \n adult day program outside the home or having a friendly visitor \n serve as a companion and provide light assistance while the \n caregiver takes a break.\n (6) Respite volunteer programs exist in many communities. \n There is a range of ways that these programs offer incentives \n to the volunteers. Some programs use a time-banking or service-\n exchange approach as an incentive to engage volunteers, while \n other programs access funds from private and public sources to \n offer modest stipends to volunteers.\n (b) Purpose.--It is the purpose of this Act to establish a \nCaregiver Corps program to foster the creation of community-based Corps \nprograms that provide for volunteer community service opportunities to \naddress the shortage of assistance available for older adults and \nindividuals with disabilities.\n\nSEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-6. CAREGIVER CORPS.\n\n ``(a) Contract for Establishment of Caregiver Corps Program.--\n ``(1) In general.--The Secretary shall enter into a \n contract with a nonprofit entity for the development of an \n online toolkit and guidance providing for the establishment and \n implementation of Caregiver Corps (referred to in this section \n as `Corps') volunteer programs in local communities.\n ``(2) Requirements.--The toolkit and guidance developed \n under paragraph (1) shall be based on best practice methods \n from existing private and public sector volunteer programs and \n include--\n ``(A) guidance on the recruitment, screening, and \n training of Corps volunteers;\n ``(B) guidance on recommended processes for \n administering and evaluating the performance of local \n Corps programs;\n ``(C) guidance on options for securing start-up and \n operational funding for local Corps programs;\n ``(D) sources for obtaining ongoing technical \n assistance; and\n ``(E) guidance on how communities can promote \n larger community involvement and cultivate partnerships \n and connections between local Corps programs.\n ``(3) Grants.--The Secretary may award grants to public and \n private nonprofit entities for the operation of local Corps \n programs under subsection (b) in accordance with this section.\n ``(b) Requirements of Caregiver Corps Programs.--\n ``(1) Local caregiver corps programs.--\n ``(A) Eligibility.--To be eligible to be a local \n Corps program for purposes of this section, an entity \n shall be--\n ``(i) an area agency on aging;\n ``(ii) a time-banking or volunteer \n organizing agency;\n ``(iii) a college or university;\n ``(iv) a State, county, or local \n government; or\n ``(v) any other entity determined to be \n appropriate by the Secretary.\n ``(B) Duties and activities.--A local Corps program \n shall--\n ``(i) conduct screening and criminal \n history background checks of Corps volunteers;\n ``(ii) provide in-person orientation and \n training for Corps volunteers;\n ``(iii) develop and monitor volunteer \n assignments, which shall include selecting the \n adults to be served by Corps volunteers, \n matching volunteers to assignments, and \n supervising the volunteers;\n ``(iv) assist in the provision of \n appropriate volunteer recognition;\n ``(v) maintain records and prepare reports \n as required by the Secretary; and\n ``(vi) carry out any other activities \n determined appropriate by the Secretary.\n ``(2) Caregiver corps volunteers.--\n ``(A) Eligibility.--\n ``(i) In general.--To be eligible to serve \n as a volunteer for a local Corps program, an \n individual shall--\n ``(I) be at least 18 years of age \n and willing to accept supervision as \n required by the local Corps program;\n ``(II) consent to a criminal \n background check; and\n ``(III) meet such other \n requirements as the local Corps program \n shall require.\n ``(ii) Limitation.--Eligibility to be a \n volunteer for a local Corps program shall not \n be restricted on the basis of education, \n employment experience, citizenship, race, \n color, creed, belief, gender, sexual \n orientation, national origin, disability, or \n political affiliation.\n ``(B) Terms of service.--\n ``(i) In general.--An individual may serve \n as a full- or part-time volunteer for an \n initial period of not to exceed 2 years.\n ``(ii) Limitation.--An individual who \n serves as a volunteer for a local Corps program \n shall not be considered to be an employee of \n the local Corps program for purposes of the \n application of any Federal or State employment-\n related law.\n ``(C) Functions.--\n ``(i) In general.--A Corps volunteer \n shall--\n ``(I) provide assistance to an \n older individual or an individual with \n disabilities who needs additional \n services to remain in the community;\n ``(II) provide assistance to give \n an informal caregiver respite from his \n or her caregiving duties;\n ``(III) serve as a companion to \n older individuals and individuals with \n disabilities;\n ``(IV) provide assistance for which \n such volunteer is qualified, as \n determined by the local Corps program; \n and\n ``(V) not provide personal care or \n administer prescription medications.\n ``(ii) Individuals to be served.--To be \n eligible to obtain Corps volunteer services, an \n individual shall be an adult aged 65 or older, \n or an individual eligible for Social Security \n Disability Insurance, who is in need of \n assistance to achieve and maintain their \n highest level of independent living.\n ``(iii) Required service to individuals.--\n The activities of a Corps volunteer shall \n involve person-to-person relationships with the \n individuals being served and shall not include \n the provision of any service to the local Corps \n program involved.\n ``(3) Direct benefits.--A local Corps program--\n ``(A) shall provide for appropriate recognition of \n Corps volunteers; and\n ``(B) may, at the discretion of the local Corps \n program, provide compensation to a Corps volunteer, in \n the manner determined appropriate by the local Corps \n program, which may include stipends, tuition incentives \n or academic credit, or the banking of volunteer hours \n for use against future needs for assistance.\n ``(4) Reporting.--Not less than annually, a local Corps \n program shall submit to the Secretary a report that contains, \n with respect to the year for which the report is prepared--\n ``(A) aggregate data on the number of Corps \n volunteers trained, the number of Corps volunteers \n providing service, the number of hours of service \n provided, and the number of individuals being served; \n and\n ``(B) data to inform the Secretary and local \n communities of any system and consumer outcome impacts \n of the local Corps program.\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, such sums as may be \nnecessary.''.","summary":"Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers.","title":"Caregiver Corps Act of 2014","text_len":11839,"sum_len":1068} {"bill_id":"112_hr5736","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Smith-Mundt Modernization Act of \n2012''.\n\nSEC. 2. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES.\n\n (a) United States Information and Educational Exchange Act of \n1948.--Section 501 of the United States Information and Educational \nExchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:\n\n ``general authorization\n\n ``Sec. 501. (a) The Secretary and the Broadcasting Board of \nGovernors are authorized to use funds appropriated or otherwise made \navailable for public diplomacy information programs to provide for the \npreparation, dissemination, and use of information intended for foreign \naudiences abroad about the United States, its people, and its policies, \nthrough press, publications, radio, motion pictures, the Internet, and \nother information media, including social media, and through \ninformation centers, instructors, and other direct or indirect means of \ncommunication.\n ``(b)(1) Except as provided in paragraph (2), the Secretary and the \nBroadcasting Board of Governors may, upon request and reimbursement of \nthe reasonable costs incurred in fulfilling such a request, make \navailable, in the United States, motion pictures, films, video, audio, \nand other materials prepared for dissemination abroad or disseminated \nabroad pursuant to this Act, the United States International \nBroadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio \nBroadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television \nBroadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). The Secretary and \nthe Broadcasting Board of Governors shall issue necessary regulations--\n ``(A) to establish procedures to maintain such material;\n ``(B) for reimbursement of the reasonable costs incurred in \n fulfilling requests for such material; and\n ``(C) to ensure that the persons seeking release of such \n material have secured and paid for necessary United States \n rights and licenses.\n ``(2) With respect to material prepared for dissemination abroad or \ndisseminated abroad before the effective date of the Smith-Mundt \nModernization Act of 2012--\n ``(A) the Secretary and the Broadcasting Board of Governors \n shall make available to the Archivist of the United States, for \n domestic distribution, motion pictures, films, videotapes, and \n other material 12 years after the initial dissemination of the \n material abroad; and\n ``(B) the Archivist shall be the official custodian of the \n material and shall issue necessary regulations to ensure that \n persons seeking its release in the United States have secured \n and paid for necessary United States rights and licenses and \n that all costs associated with the provision of the material by \n the Archivist shall be paid by the persons seeking its release, \n in accordance with paragraph (3).\n ``(3) The Archivist may charge fees to recover the costs described \nin paragraph (2), in accordance with section 2116(c) of title 44. Such \nfees shall be paid into, administered, and expended as part of the \nNational Archives Trust Fund.\n ``(c) Nothing in this section may be construed to require the \nSecretary or the Broadcasting Board of Governors to make material \ndisseminated abroad available in any format other than in the format \ndisseminated abroad.''.\n (b) Rule of Construction.--Nothing in this section may be construed \nto affect the allocation of funds appropriated or otherwise made \nspecifically available for public diplomacy.\n (c) Foreign Relations Authorization Act, Fiscal Years 1986 and \n1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal \nYears 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:\n\n``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.\n\n ``(a) In General.--No funds authorized to be appropriated to the \nDepartment of State or the Broadcasting Board of Governors shall be \nused to influence public opinion in the United States. This section \nshall apply only to programs carried out pursuant to the United States \nInformation and Educational Exchange Act of 1948 (22 U.S.C. 1431 et \nseq.), the United States International Broadcasting Act of 1994 (22 \nU.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. \n1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C. \n1465aa et seq.). This section shall not prohibit or delay the \nDepartment of State or the Broadcasting Board of Governors from \nproviding information about its operations, policies, programs, or \nprogram material, or making such available, to the media, public, or \nCongress, in accordance with other applicable law.\n ``(b) Rule of Construction.--Nothing in this section shall be \nconstrued to prohibit the Department of State or the Broadcasting Board \nof Governors from engaging in any medium or form of communication, \neither directly or indirectly, because a United States domestic \naudience is or may be thereby exposed to program material, or based on \na presumption of such exposure. Such material may be made available \nwithin the United States and disseminated, when appropriate, pursuant \nto sections 502 and 1005 of the United States Information and \nEducational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that \nnothing in this section may be construed to authorize the Department of \nState or the Broadcasting Board of Governors to disseminate within the \nUnited States any program material prepared for dissemination abroad on \nor before the effective date of the Smith-Mundt Modernization Act of \n2012.\n ``(c) Application.--The provisions of this section shall apply only \nto the Department of State and the Broadcasting Board of Governors and \nto no other department or agency of the Federal Government.''.\n (d) Conforming Amendments.--The United States Information and \nEducational Exchange Act of 1948 is amended--\n (1) in section 502 (22 U.S.C. 1462)--\n (A) by inserting ``and the Broadcasting Board of \n Governors'' after ``Secretary''; and\n (B) by inserting ``or the Broadcasting Board of \n Governors'' after ``Department''; and\n (2) in section 1005 (22 U.S.C. 1437), by inserting ``and \n the Broadcasting Board of Governors'' after ``Secretary'' each \n place it appears.\n (e) Effective Date.--This Act shall take effect and apply on the \ndate that is 180 days after the date of the enactment of this Act.","summary":"Smith-Mundt Modernization Act of 2012 - Amends the United States Information and Educational Exchange Act of 1948 to authorize the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people, its history, and the federal government's policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act. Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to prohibit funds for the Department of State or the Board from being used to influence public opinion or propagandizing in the United States. Applies such prohibition only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. States that such provision shall: (1) not prohibit the Department or the Board from providing information about its operations, policies, programs, or program material, or making such information available to members of the media, public, or Congress. (2) not be construed to prohibit the Department from engaging in any medium of information on a presumption that a US domestic audience may be exposed to program material. And (3) apply only to the Department and the Board and to no other federal department or agency.","title":"To amend the United States Information and Educational Exchange Act of 1948 to authorize the domestic dissemination of information and material about the United States intended primarily for foreign audiences, and for other purposes.","text_len":6663,"sum_len":1930} {"bill_id":"111_hr6345","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``The Personal Exemption Fairness Act \nof 2010''.\n\nSEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN PERSONAL EXEMPTIONS.\n\n (a) In General.--Subsection (d) of section 151 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(5) Area cost-of-living adjustment.--\n ``(A) In general.--Each of the dollar amounts \n otherwise in effect under paragraphs (1) and (3)(C) for \n any taxable year beginning after 2010 shall be \n multiplied by the applicable multiplier for the taxable \n year which applies to the statistical area in which the \n taxpayer's primary place of abode during the taxable \n year is located.\n ``(B) Applicable multipliers.--For purposes of this \n paragraph--\n ``(i) In general.--Not later than December \n 15 of each calendar year, the Secretary shall \n prescribe an applicable multiplier for each \n statistical area of the United States which \n shall apply to taxable years beginning during \n the succeeding calendar year.\n ``(ii) Determination of multipliers.--\n ``(I) In the case of a statistical \n area where the cost-of-living \n differential for the calendar year does \n not exceed 125 percent, the applicable \n multiplier is 1.\n ``(II) In the case of a statistical \n area not described in subclause (I), \n the applicable multiplier is the cost-\n of-living differential for the calendar \n year.\n ``(iii) Cost of living differential.--The \n cost-of-living differential for any statistical \n area for any calendar year is the percentage \n determined by dividing--\n ``(I) the cost-of-living for such \n area for the preceding calendar year, \n by\n ``(II) the average cost-of-living \n for the United States for the preceding \n calendar year.\n ``(iv) Cost-of-living for area.--\n ``(I) In general.--For each \n calendar year beginning after 2009, the \n Secretary of Labor shall determine and \n publish a cost-of-living index for each \n statistical area.\n ``(II) Methodology.--The cost-of-\n living index determined under subclause \n (I) for any statistical area for any \n calendar year shall be based on average \n market prices for the area for the 12-\n month period ending on August 31 of \n such calendar year. The market prices \n taken into account under the preceding \n sentence shall be selected and used \n under the same methodology as is used \n by the Secretary of Labor in developing \n the Consumer Price Index for All Urban \n Consumers.\n ``(v) Statistical area.--For purposes of \n this subsection the term `statistical area' \n means--\n ``(I) any metropolitan statistical \n area as defined by the Secretary of \n Commerce, and\n ``(II) the portion of any State not \n within a metropolitan statistical area \n as so defined.''.\n (b) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years beginning after December 31, 2010.\n (2) Transition rule.--Notwithstanding section 151(d)(5)(B) \n of the Internal Revenue Code (as added by this section), the \n date for prescribing applicable multipliers for taxable years \n beginning in calendar year 2011 shall be the date 1 year after \n the date of the enactment of this Act.","summary":"Personal Exemption Fairness Act of 2010 - Amends the Internal Revenue Code to require annual metropolitan statistical area cost-of-living adjustments, beginning after 2010, to the personal tax exemption amount. Directs the Secretary of Labor to determine and publish a cost-of-living index for each metropolitan statistical area.","title":"To amend the Internal Revenue Code of 1986 to adjust personal exemptions for high cost-of-living areas.","text_len":5033,"sum_len":329} {"bill_id":"111_hr611","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marginal Well Production \nPreservation and Enhancement Act''.\n\nSEC. 2. TAX TREATMENT FOR PROLONGED MARGINAL PRODUCTION.\n\n (a) Increase in Percentage Depletion for Oil and Natural Gas \nProduced From Marginal Properties.--\n (1) In general.--Paragraph (6) of section 613A(c) of the \n Internal Revenue Code of 1986 (relating to oil and natural gas \n produced from marginal properties) is amended to read as \n follows:\n ``(6) Oil and natural gas produced from marginal \n properties.--\n ``(A) In general.--Except as provided in subsection \n (d)--\n ``(i) the allowance for depletion under \n section 611 shall be computed in accordance \n with section 613 with respect to the taxpayer's \n marginal production of domestic crude oil and \n domestic natural gas, and\n ``(ii) 27.5 percent shall be deemed to be \n specified in subsection (b) of section 613 for \n purposes of subsection (a) of that section.\n ``(B) Coordination with other production of \n domestic oil and natural gas.--For purposes of this \n subsection--\n ``(i) no allowance for depletion shall be \n allowed by reason of paragraph (1) with respect \n to the taxpayer's marginal production of \n domestic crude oil and domestic natural gas, \n and\n ``(ii) such production shall not be taken \n into account--\n ``(I) in determining under \n paragraph (1) how much of the \n taxpayer's depletable oil quantity or \n depletable natural gas quantity has \n been used, or\n ``(II) for purposes of applying \n subparagraph (A), (B), or (C) of \n paragraph (7).\n ``(C) Marginal production.--The term `marginal \n production' means domestic crude oil or domestic \n natural gas which is produced during any taxable year \n from a property which--\n ``(i) is a stripper well property for the \n calendar year in which the taxable year begins, \n or\n ``(ii) is a property substantially all of \n the production of which during such calendar \n year is heavy oil.\n ``(D) Stripper well property.--For purposes of this \n paragraph, the term `stripper well property' means, \n with respect to any calendar year, any property with \n respect to which the amount determined by dividing--\n ``(i) the average daily production of \n domestic crude oil and domestic natural gas \n from producing wells on such property for such \n calendar year, by\n ``(ii) the number of such wells,\n is 15 barrel equivalents or less.\n ``(E) Heavy oil.--For purposes of this paragraph, \n the term `heavy oil' means domestic crude oil produced \n from any property if such crude oil had a weighted \n average gravity of 20 degrees API or less (corrected to \n 60 degrees Fahrenheit).\n ``(F) Nonapplication of taxable income limit with \n respect to marginal production.--The second sentence of \n subsection (a) of section 613 shall not apply to so \n much of the allowance for depletion as is determined \n under subparagraph (A).''.\n (2) Conforming amendments.--\n (A) Section 613A(c)(3) of the Internal Revenue Code \n of 1986 (defining depletable oil quantity) is amended \n to read as follows:\n ``(3) Depletable oil quantity.--For purposes of paragraph \n (1), the taxpayer's depletable oil quantity shall be 1,000 \n barrels.''.\n (B) Subparagraphs (A) and (B) of section 613A(c)(7) \n of such Code are each amended by striking ``or (6), as \n the case may be''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2008.\n (b) 1-Year Extension of Suspension of Taxable Income Limit.--\nSection 613A(c)(6)(H)(ii) of the Internal Revenue Code of 1986 \n(relating to temporary suspension of taxable income limit with respect \nto marginal production) is amended by striking ``2010'' and inserting \n``2011''.\n\nSEC. 3. OIL AND GAS WELLS AND PIPELINE FACILITIES TECHNICAL AMENDMENT.\n\n Section 112(n)(4)(A) of the Clean Air Act (42 U.S.C. 7412(n)(4)(A)) \nis amended by striking ``this section'' and inserting ``this Act''.\n\nSEC. 4. NATIONAL RESPONSE SYSTEM.\n\n Section 311(j) of the Federal Water Pollution Control Act (33 \nU.S.C. 1321(j)) is amended by striking paragraph (1) and inserting the \nfollowing:\n ``(1) System.--\n ``(A) Definition of wastewater treatment \n facility.--In this paragraph, the term `wastewater \n treatment facility' includes produced water from an oil \n production facility.\n ``(B) Regulations.--Consistent with the National \n Contingency Plan required under subsection (d), as soon \n as practicable after the effective date of this \n section, and from time to time thereafter, the \n President shall promulgate regulations consistent with \n maritime safety and marine and navigation laws--\n ``(i) establishing methods and procedures \n for removal of discharged oil and hazardous \n substances;\n ``(ii) establishing criteria for the \n development and implementation of local and \n regional oil and hazardous substance removal \n contingency plans;\n ``(iii) establishing procedures, methods, \n and requirements and other requirements for \n equipment to prevent discharges of oil and \n hazardous substances from vessels and from \n onshore facilities and offshore facilities \n (other than wastewater treatment facilities), \n and to contain those discharges; and\n ``(iv) governing the inspection of vessels \n carrying cargoes of oil and hazardous \n substances and the inspection of those cargoes \n in order to reduce the likelihood of discharges \n of oil from vessels in violation of this \n section.\n ``(C) Small facilities.--In carrying out clause \n (iii) of subparagraph (B), not later than 1 year after \n the date of enactment of that clause, the Administrator \n shall establish procedures, methods, and equipment \n requirements and other requirements for, and consider \n the cost-effectiveness of those requirements on, small \n facilities (including agricultural and oil production \n facilities) to prevent discharges from facilities and \n offshore facilities, and to contain those discharges, \n by developing regulations based on storage volume and \n capacity that, with respect to those small facilities--\n ``(i) apply to any facility the total oil \n storage capacity of which is at least 1,320 \n gallons but less than 50,000 gallons, and at \n which no single tank exceeds a nominal capacity \n of 21,000 gallons; and\n ``(ii) establish minimal requirements and \n plans by eliminating engineer certification, \n flow lines, loading and unloading areas, \n integrity testing, and other requirements, as \n determined by the Administrator, that do not \n take into consideration and meet cost-\n effectiveness standards.''.\n\nSEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF PROPERTY USED TO INJECT \n QUALIFIED TERTIARY INJECTANTS.\n\n (a) In General.--Section 168(e)(3)(A) of the Internal Revenue Code \nof 1986 (defining 3-year property) is amended by striking ``and'' at \nthe end of clause (ii), by striking the period at the end of clause \n(iii) and inserting ``, and'', and by adding at the end the following \nnew clause:\n ``(iv) any qualified tertiary injectant \n property.''.\n (b) Qualified Tertiary Injectant Property.--Section 168(e) of the \nInternal Revenue Code of 1986 (relating to classification of property) \nis amended by adding at the end the following new paragraph:\n ``(9) Qualified tertiary injectant property.--The term \n `qualified tertiary injectant property' means--\n ``(A) any property--\n ``(i) the principal use of which is to \n inject any tertiary injectant as a part of a \n tertiary recovery method (as defined in section \n 193(b)(3)), or\n ``(ii) which is a pipeline used to carry \n any tertiary injectant in connection with such \n tertiary recovery method, and\n ``(B) which has a class life of more than 4 \n years.''.\n (c) Alternative System.--The table contained in section \n168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by \ninserting after the item relating to subparagraph (A)(iii) the \nfollowing new item:\n\n ``(A)(iv).............................................. 7''.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act, in taxable years ending after such date.","summary":"Marginal Well Production Preservation and Enhancement Act - Amends the Internal Revenue Code to: (1) increase to 27.5 the percentage depletion allowance for domestic crude oil and natural gas production from marginal properties. (2) extend through 2010 the temporary suspension of the taxable income limit with respect to marginal production of crude oil and natural gas. And (3) accelerate to three years the recovery period of qualified tertiary injectant property for depreciation purposes. Amends the Clean Air Act with respect to emissions from small oil and gas exploration and production-related equipment. Amends the Federal Water Pollution Control Act to: (1) amend the definition of wastewater treatment facility to include produced water from an oil production facility. And (2) require the Administrator of the Environmental Protection Agency (EPA) to establish cost-effective minimal requirements for the prevention of oil and hazardous substance discharges for small facilities with oil storage capacities of less than 50,000 gallons at which no single tank exceeds a nominal capacity of 21,000 gallons.","title":"To provide for marginal well production preservation and enhancement.","text_len":11012,"sum_len":1117} {"bill_id":"107_s637","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``IFQ Act of 2001''.\n\nSEC. 2. INDIVIDUAL QUOTA PROGRAMS.\n\n (a) Authority To Establish Individual Quota Systems.--Section 303 \nof the Magnuson-Stevens Fishery Conservation and Management Act (16 \nU.S.C. 1853) is amended by adding at the end the following:\n ``(e) Special Provisions for Individual Quota Systems.--\n ``(1) Conditions.--A fishery management plan which \n establishes an individual quota system for a fishery after \n September 30, 2002--\n ``(A) shall provide for administration of the \n system by the Secretary in accordance with the terms of \n the plan;\n ``(B) shall not create, or be construed to create, \n any right, title, or interest in or to any fish before \n the fish is harvested;\n ``(C) shall include provisions which establish \n procedures and requirements for each Council having \n authority over the fishery, for--\n ``(i) reviewing and revising the terms of \n the plan that establish the system; and\n ``(ii) renewing, reallocating, and \n reissuing individual quotas if determined \n appropriate by each Council;\n ``(D) shall include provisions to--\n ``(i) promote sustainable management of the \n fishery;\n ``(ii) provide for fair and equitable \n allocation of individual quotas under the \n system;\n ``(iii) minimize negative social and \n economic impacts of the system on local coastal \n communities;\n ``(iv) ensure adequate enforcement of the \n system, including the use of observers where \n appropriate at a level of coverage that should \n yield statistically significant results; and\n ``(v) take into account present \n participation and historical fishing practices, \n in the fishery; and\n ``(E) include provisions that prevent any person or \n entity from acquiring an excessive share of individual \n quotas issued for a fishery.\n ``(2) Plan characteristics.--An individual quota issued \n under an individual quota system established by a fishery \n management plan--\n ``(A) shall be considered a grant, to the holder of \n the individual quota, of permission to engage in \n activities permitted by the individual quota;\n ``(B) may be revoked or limited at any time, in \n accordance with the terms of the plan and regulations \n issued by the Secretary or the Council having authority \n over the fishery for which it is issued, if necessary \n for the conservation and management of the fishery \n (including as a result of a violation of this Act or \n any regulation prescribed under this Act);\n ``(C) if revoked or limited by the Secretary or a \n Council, shall not confer any right of compensation to \n the holder of the individual quota;\n ``(D) may be received and held in accordance with \n regulations prescribed by the Secretary under this Act;\n ``(E) shall, except in the case of an individual \n quota allocated under an individual quota system \n established before the date of enactment of the IFQ Act \n of 2001, expire not later than 5 years after the date \n it is issued, in accordance with the terms of the \n fishery management plan; and\n ``(F) upon expiration under subparagraph (E), may \n be renewed, reallocated, or reissued if determined \nappropriate by each Council having authority over the fishery.\n ``(3) Eligible holders.--\n ``(A) In general.--Except as provided in \n subparagraph (B), any fishery management plan that \n establishes an individual quota system for a fishery \n may authorize individual quotas to be held by or issued \n under the system to fishing vessel owners, fishermen, \n and crew members.\n ``(B) Non-citizens not eligible.--An individual who \n is not a citizen of the United States may not hold an \n individual quota issued under a fishery management \n plan.\n ``(4) Permitted provisions.--Any fishery management plan \n that establishes an individual quota system for a fishery may \n include provisions that--\n ``(A) allocate individual quotas under the system \n among categories of vessels; and\n ``(B) provide a portion of the annual harvest in \n the fishery for entry-level fishermen, small vessel \n owners, or crewmembers who do not hold or qualify for \n individual quotas.\n ``(5) Termination or limitation.--\n ``(A) Grounds.--An individual quota system \n established for a fishery may be limited or terminated \n at any time if necessary for the conservation and \n management of the fishery, by--\n ``(i) the Council which has authority over \n the fishery for which the system is \n established, through a fishery management plan \n or amendment; or\n ``(ii) the Secretary, in the case of any \n individual quota system established by a \n fishery management plan developed by the \n Secretary.\n ``(B) Effect on other authority.--This paragraph \n does not diminish the authority of the Secretary under \n any other provision of this Act.\n ``(6) Required provisions; reallocations.--Any individual \n quota system established for a fishery after the date of \n enactment of the IFQ Act of 2001--\n ``(A) shall not allow individual quota shares under \n the system to be sold, transferred, or leased;\n ``(B) shall prohibit a person from holding an \n individual quota share under the system unless the \n person participates in the fishery for which the \n individual quota share is issued; and\n ``(C) shall require that if any person that holds \n an individual quota share under the system does not \n engage in fishing under the individual quota share for \n 3 or more years in any period of 5 consecutive years, \n the individual quota share shall revert to the \n Secretary and shall be reallocated under the system to \n qualified participants in the fishery in a fair and \n equitable manner.\n ``(7) Exceptions.--\n ``(A) Hardship.--The Secretary may suspend the \n applicability of paragraph (6) for individuals on a \n case-by-case basis due to death, disablement, undue \n hardship, retirement, or in any case in which fishing \n is prohibited by the Secretary or the Council.\n ``(B) Transfer to family members.--Notwithstanding \n paragraph (6)(A), the Secretary may permit the transfer \n of an individual fishing quota, on a case-by-case \n basis, from an individual to a member of that \n individual's family under circumstances described in \n subparagraph (A) through a simple and expeditious \n process.\n ``(8) Definitions.--In this subsection:\n ``(A) individual quota system.--The term \n `individual quota system' means a system that limits \n access to a fishery in order to achieve optimum yield, \n through the allocation and issuance of individual \n quotas.\n ``(B) individual quota.--The term `individual \n quota' means a grant of permission to harvest a \n quantity of fish in a fishery, during each fishing \n season for which the permission is granted, equal to a \n stated percentage of the total allowable catch for the \n fishery.''.\n (b) Approval of Fishery Management Plans Establishing Individual \nQuota Systems.--Section 304 of that Act (16 U.S.C. 1854) is further \namended by adding after subsection (h) the following:\n ``(i) Referendum Procedure.--\n ``(1) A Council may prepare and submit a fishery management \n plan, plan amendment, or regulation that creates an individual \n fishing quota or other quota-based program only if both the \n preparation and the submission of such plan, amendment or \n regulation are approved in separate referenda conducted under \n paragraph (2).\n ``(2) The Secretary, at the request of a Council, shall \n conduct the referenda described in paragraph (1). Each \n referendum shall be decided by a two-thirds majority of the \n votes cast by eligible permit holders. The Secretary shall \n develop guidelines to determine procedures and eligibility \n requirements for referenda and to conduct such referenda in a \n fair and equitable manner.\n ``(j) Action on Limited Access Systems.--\n ``(1) In addition to the other requirements of this Act, \n the Secretary may not approve a fishery management plan that \n establishes a limited access system that provides for the \n allocation of individual quotas (in this subsection referred to \n as an `individual quota system') unless the plan complies with \n section 303(e).\n ``(2) Within 1 year after receipt of recommendations from \n the review panel established under paragraph (3), the Secretary \n shall issue regulations which establish requirements for \n establishing an individual quota system. The regulations shall \n be developed in accordance with the recommendations. The \n regulations shall--\n ``(A) specify factors that shall be considered by a \n Council in determining whether a fishery should be \n managed under an individual quota system;\n ``(B) ensure that any individual quota system is \n consistent with the requirements of sections 303(b) and \n 303(e), and require the collection of fees in \n accordance with subsection (d)(2) of this section;\n ``(C) provide for appropriate penalties for \n violations of individual quotas systems, including the \n revocation of individual quotas for such violations;\n ``(D) include recommendations for potential \n management options related to individual quotas, \n including the use of leases or auctions by the Federal \n Government in the establishment or allocation of \n individual quotas; and\n ``(E) establish a central lien registry system for \n the identification, perfection, and determination of \n lien priorities, and nonjudicial foreclosure of \n encumbrances, on individual quotas.\n ``(3)(A) Not later than 6 months after the date of the \n enactment of the IFQ Act of 2001, the Secretary shall establish \n a review panel to evaluate fishery management plans in effect \n under this Act that establish a system for limiting access to a \n fishery, including individual quota systems, and other limited \n access systems, with particular attention to--\n ``(i) the success of the systems in conserving and \n managing fisheries;\n ``(ii) the costs of implementing and enforcing the \n systems;\n ``(iii) the economic effects of the systems on \n local communities; and\n ``(iv) the use of auctions in the establishment or \n allocation of individual quota shares.\n ``(B) The review panel shall consist of--\n ``(i) the Secretary or a designee of the Secretary;\n ``(ii) the Commandant of the Coast Guard;\n ``(iii) a representative of each Council, selected \n by the Council; and\n ``(iv) 5 individuals with knowledge and experience \n in fisheries management.\n ``(C) Based on the evaluation required under subparagraph \n (A), the review panel shall, by September 30, 2003--\n ``(i) submit comments to the Councils and the \n Secretary with respect to the revision of individual \n quota systems that were established prior to June 1, \n 1995; and\n ``(ii) submit recommendations to the Secretary for \n the development of the regulations required under \n paragraph (2).''.","summary":"IFQ Act of 2001 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize, subject to referenda approval, the establishment of, and conditions for, individual fishery quota systems.","title":"A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to authorize the establishment of individual fishery quota systems.","text_len":13992,"sum_len":206} {"bill_id":"104_s1738","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Boundary Waters Canoe Area \nWilderness Accessibility and Partnership Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Boundary Waters Canoe Area Wilderness, located \n amidst the scenic splendor of the Minnesota-Ontario border, is \n and always will be a unique lakeland-based Federal wilderness \n unit that serves as 1 of the Nation's great natural ecosystems;\n (2) the Boundary Waters Canoe Area Wilderness is a special \n wilderness area dedicated to appropriate public access and use \n through recognized motorized and nonmotorized recreational \n activities under protections and commitments in the Wilderness \n Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat. \n 1649);\n (3) intergovernmental cooperation that respects and \n emphasizes the role of State, local, and tribal governments in \n land management decisionmaking processes is essential to \n optimize the preservation and development of social, \n historical, cultural, and recreational resources; and\n (4) the national interest is served by--\n (A) improving the management and protection of the \n Boundary Waters Canoe Area Wilderness;\n (B) allowing Federal, State, local, and tribal \n governments to engage in an innovative management \n partnership in Federal land management decisionmaking \n processes; and\n (C) ensuring adequate public access, enjoyment, and \n use of the Boundary Waters Canoe Area Wilderness \n through nonmotorized and limited motorized means.\n\nSEC. 3. MANAGEMENT CHANGES.\n\n (a) Use of Motorboats.--\n (1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92 \n Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac \n La Croix, Saint Louis County;'' after ``Saint Louis County;''.\n (2) Basswood, birch, and saganaga lakes.--Section 4(c) of \n Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is \n amended--\n (A) in paragraph (1)--\n (i) by striking ``except that portion \n generally'' and all that follows through \n ``Washington Island'' and inserting ``Lake \n County; Birch, Lake County''; and\n (ii) by striking ``, except for that \n portion west of American Point''; and\n (B) by striking paragraph (4).\n (3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92 \n Stat. 1650; 16 U.S.C. 1132 note) is amended--\n (A) in paragraph (2), by striking ``that portion \n generally east of Threemile Island,''; and\n (B) in paragraph (3), by striking ``Sea Gull, Cook \n County, that portion generally west of Threemile \n Island, until January 1, 1999;''.\n (b) Definition of Guest.--The second proviso of section 4(f) of \nPublic Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended--\n (1) by inserting ``day and overnight'' after ``lake \n homeowners and their'';\n (2) by inserting ``who buy or rent goods and services'' \n after ``resort owners and their guests''; and\n (3) by inserting ``or chain of lakes'' after ``shall have \n access to that particular lake''.\n (c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat. \n1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and \ninserting the following:\n ``(g) Motorized Portages.--Nothing in this Act shall prevent the \noperation of motorized vehicles and associated equipment to assist in \nthe transport of a boat across the portages from the Moose Lake chain \nto Basswood Lake, from Fall Lake to Basswood Lake, and from Lake \nVermilion to Trout Lake.''.\n\nSEC. 4. PLANNING AND MANAGEMENT COUNCIL.\n\n Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) \nis amended by adding at the end the following:\n ``(j) Planning and Management Council.--\n ``(1) Establishment.--There is established the Boundary \n Waters Canoe Area Wilderness Intergovernmental Council \n (referred to in this Act as the `Council').\n ``(2) Duties of the council.--The Council shall develop and \n monitor a comprehensive management plan for the wilderness in \n accordance with section 20.\n ``(3) Membership.--The Council shall be composed of 11 \n members, appointed by the Secretary, of whom--\n ``(A) 1 member shall be the Under Secretary for \n Natural Resources and Environment of the Department of \n Agriculture, or a designee;\n ``(B) 3 members shall be appointed, from \n recommendations by the Governor of Minnesota, to \n represent the Department of Natural Resources, the \n Office of Tourism, and the Environmental Quality Board, \n of the State of Minnesota;\n ``(C) 1 member shall be a commissioner from each of \n the counties of Lake, Cook, and Saint Louis from \n recommendations by each of the county board of \n commissioners;\n ``(D) 1 member shall be an elected official from \n the Northern Counties Land-Use Coordinating Board from \n recommendations by the Board;\n ``(E) 1 member shall be the State senator who \n represents the legislative district that contains a \n portion of the wilderness;\n ``(F) 1 member shall be the State representative \n who represents the legislative district that contains a \n portion of the wilderness; and\n ``(G) 1 member shall be an elected official of the \n Native American community to represent the 1854 Treaty \n Authority, from recommendations of the Authority.\n ``(4) Advisory councils.--\n ``(A) In general.--The Council may establish 1 or \n more advisory councils for consultation, including \n councils consisting of members of conservation, \n sportsperson, business, professional, civic, and \n citizen organizations.\n ``(B) Funding.--An advisory council established \n under subparagraph (A) may not receive any amounts made \n available to carry out this Act.\n ``(5) Quorum.--A majority of the members of the Council \n shall constitute a quorum.\n ``(6) Chairperson.--\n ``(A) Election.--The members of the Council shall \n elect a chairperson of the Council from among the \n members of the Council.\n ``(B) Terms.--The chairperson shall serve not more \n than 2 terms of 2 years each.\n ``(7) Meetings.--The Council shall meet at the call of the \n chairperson or a majority of the members of the Council.\n ``(8) Staff and services.--\n ``(A) Staff of the council.--The Council may \n appoint and fix the compensation of such staff as the \n Council considers necessary to carry out this Act.\n ``(B) Procurement of temporary services.--The \n Council may procure temporary and intermittent services \n under section 3109(b) of title 5, United States Code.\n ``(C) Administrative support services.--The \n Administrator of General Services shall provide to the \n Council, on a reimbursable basis, such administrative \n support services as the Council requests.\n ``(D) Provision by the secretary.--On a request by \n the Council, the Secretary shall provide personnel, \n information, and services to the Council to carry out \n this Act.\n ``(E) Provision by other federal departments and \n agencies.--A Federal agency shall provide to the \n Council, on a reimbursable basis, such information and \n services as the Council requests.\n ``(F) Provision by the governor.--The Governor of \n Minnesota may provide to the Council, on a reimbursable \n basis, such personnel and information as the Council \n may request.\n ``(G) Subpoenas.--The Council may not issue a \n subpoena nor exercise any subpoena authority.\n ``(9) Procedural matters.--\n ``(A) Guidelines for conduct of business.--The \n following guidelines apply with respect to the conduct \n of business at meetings of the Council:\n ``(i) Open meetings.--Each meeting shall be \n open to the public.\n ``(ii) Public notice.--Timely public notice \n of each meeting, including the time, place, and \n agenda of the meeting, shall be published in \n local newspapers and such notice may be given \n by such other means as will result in wide \n publicity.\n ``(iii) Public participation.--Interested \n persons shall be permitted to give oral or \n written statements regarding the matters on the \n agenda at meetings.\n ``(iv) Minutes.--Minutes of each meeting \n shall be kept and shall contain a record of the \n persons present, an accurate description of all \n proceedings and matters discussed and \n conclusions reached, and copies of all \n statements filed.\n ``(v) Public inspection of record.--The \n administrative record, including minutes \n required under clause (iv), of each meeting, \n and records or other documents that were made \n available to or prepared for or by the Council \nincident to the meeting, shall be available for public inspection and \ncopying at a single location.\n ``(B) New information.--At any time when the \n Council determines it appropriate to consider new \n information from a Federal or State agency or from a \n Council advisory body, the Council shall give full \n consideration to new information offered at that time \n by interested members of the public. Interested parties \n shall have a reasonable opportunity to respond to new \n data or information before the Council takes final \n action on management measures.\n ``(10) Compensation.--\n ``(A) In general.--A member of the Council who is \n not an officer or employee of the Federal government \n shall serve without pay.\n ``(B) Travel expenses.--While away from the home or \n regular place of business of the member in the \n performance of services for the Council, a member of \n the Council shall be allowed travel expenses, including \n per diem in lieu of subsistence, in the same manner as \n persons employed intermittently in Federal Government \n service are allowed expenses under section 5703 of \n title 5, United States Code.\n ``(11) Funding.--Of amounts appropriated to the Forest \n Service for a fiscal year, the Secretary shall make available \n such amounts as the Council shall request, not to exceed \n $150,000 for the fiscal year.\n ``(12) Termination of council.--The Council shall terminate \n on the date that is 10 years after the date of enactment of \n this subsection.''.\n\nSEC. 5. MANAGEMENT PLAN.\n\n Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132 \nnote) is amended to read as follows:\n\n``SEC. 20. MANAGEMENT PLAN.\n\n ``(a) Schedule.--\n ``(1) In general.--Not later than 3 years after the date of \n enactment of this subsection, the Council shall submit to the \n Secretary and the Governor of Minnesota a comprehensive \n management plan (referred to in this section as the `plan') for \n the Boundary Waters Canoe Area Wilderness, to be developed and \n implemented by the responsible Federal agencies, the State of \n Minnesota, and local political subdivisions.\n ``(2) Preliminary report.--Not later than 1 year after the \n date of the first meeting of the Council, the Council shall \n submit a preliminary report to the Secretary describing the \n process to be used to develop the plan.\n ``(b) Development of Plan.--\n ``(1) In general.--In developing the plan, the Council \n shall examine all relevant issues, including--\n ``(A) year-round visitation consistent with the use \n levels established under this Act, including--\n ``(i) reform and simplification of the \n current day use and overnight use permit \n system;\n ``(ii) resolving discrepancies between \n actual permit use and absences; and\n ``(iii) defining the need for special \n permit policies for commercial uses;\n ``(B) the appropriate distribution of visitors in \n the wilderness; and\n ``(C) a comprehensive visitor education program.\n ``(2) Conditions.--In carrying out subparagraphs (A) \n through (C) of paragraph (1), the Council shall--\n ``(A) be subject to relevant environmental law;\n ``(B) consult on a regular basis with appropriate \n officials of each Federal or State agency or local \n government that has jurisdiction over land or water in \n the wilderness;\n ``(C) consult with interested conservation, \n sportsperson, business, professional, civic, and \n citizen organizations; and\n ``(D) conduct public meetings at appropriate places \n to provide interested persons the opportunity to \n comment on matters to be addressed by the plan.\n ``(3) Prohibited considerations.--The Council may not \n consider--\n ``(A) removing wilderness designation;\n ``(B) allowing mining, logging, or commercial or \n residential development; or\n ``(C) allowing new types of motorized uses in the \n wilderness, except as provided in this Act.\n ``(c) Approval of Plan.--\n ``(1) Submission to secretary and governor.--The Council \n shall submit the plan to the Secretary and the Governor of \n Minnesota for review.\n ``(2) Approval or disapproval by the secretary.--\n ``(A) Review by the governor.--The Governor may \n comment on the plan not later than 60 days after \n receipt of the plan from the Council.\n ``(B) Secretary.--\n ``(i) In general.--The Secretary shall \n approve or disapprove the plan not later than \n 90 days after receipt of the plan from the \n Council.\n ``(ii) Criteria for review.--In reviewing \n the plan, the Secretary shall consider--\n ``(I) the adequacy of public \n participation;\n ``(II) assurances of plan \n implementation from State and local \n officials in Minnesota;\n ``(III) the adequacy of regulatory \n and financial tools that are in place \n to implement the plan;\n ``(IV) provisions of the plan for \n continuing oversight by the Council of \n implementation of the plan; and\n ``(V) the consistency of the plan \n with Federal law.\n ``(iii) Notification of disapproval.--If \n the Secretary disapproves the plan, the \n Secretary shall, not later than 30 days after \n the date of disapproval, notify the Council in \n writing of the reasons for the disapproval and \n provide recommendations for revision of the \n plan.\n ``(C) Revision and resubmission.--Not later than 60 \n days after receipt of a notice of disapproval under \n subparagraph (B) or (D), the Council shall revise and \n resubmit the plan to the Secretary for review.\n ``(D) Approval or disapproval of revision.--The \n Secretary shall approve or disapprove a plan submitted \n under subparagraph (C) not later than 30 days after \n receipt of the plan from the Council.\n ``(d) Review and Modification of Implementation of Plan.--The \nCouncil--\n ``(1) shall review and monitor the implementation of the \n plan; and\n ``(2) may, after providing for public comment and after \n approval by the Secretary, modify the plan, if the Council and \n the Secretary determine that the modification is necessary to \n carry out this Act.\n ``(e) Interim Program.--Before the approval of the plan, the \nCouncil shall advise and cooperate with appropriate Federal, State, \nlocal, and tribal governmental entities to minimize adverse impacts on \nthe values described in section 2.\n ``(f) Forest Service Regulations.--During the period beginning on \nthe date of enactment of this subsection and ending on the date a \nmanagement plan is approved by the Secretary under subsection (c)(2), \nthe Secretary may not issue any regulation that relates to the Boundary \nWaters Canoe Area Wilderness, except for--\n ``(1) regulations required for routine business, such as \n issuing permits, visitor education, maintenance, and law \n enforcement; and\n ``(2) emergency regulations.\n ``(g) State and Local Jurisdiction.--Nothing in this Act \ndiminishes, enlarges, or modifies any right of the State of Minnesota \nor any political subdivision of the State to--\n ``(1) exercise civil and criminal jurisdiction;\n ``(2) carry out State fish and wildlife laws in the \n wilderness; or\n ``(3) tax persons, corporations, franchises, or private \n property on land and water included in the wilderness.''.","summary":"Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996 - Modifies certain restrictions on motorboat use on specified lakes within the Boundary Waters Canoe Area Wilderness, Minnesota. Permits the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to develop, review, monitor implementation of, and, if necessary, modify a comprehensive management plan for the Wilderness. Prohibits the Council from considering: (1) removing the wilderness designation, (2) allowing mining, logging, or commercial or residential development. Or (3) allowing motorized uses not otherwise authorized. Provides for review, recommendations for revisions, and approval or disapproval of such plan by the Secretary of Agriculture. Prohibits the Secretary, pending approval of the plan, from issuing any regulation that relates to the Wilderness, except for: (1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement, and (2) emergency regulations.","title":"Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996","text_len":19906,"sum_len":1274} {"bill_id":"112_hr2958","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employee Short-Term \nDisability Insurance Act of 2011''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to offer voluntary insurance to Federal \nemployees for protection against the loss of pay resulting from--\n (1) short-term injury or disability;\n (2) short-term leave taken for the purpose of caring for a \n family member;\n (3) the birth of a child of such an employee; or\n (4) making arrangements to adopt a child or to become a \n foster parent.\n\nSEC. 3. NON-WORK RELATED DISABILITY INSURANCE.\n\n (a) In General.--Title 5, United States Code, is amended by \ninserting after chapter 87 the following:\n\n ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE\n\n``Sec.\n``8801. Definitions.\n``8802. Availability of insurance.\n``8803. Contracting authority.\n``8804. Benefits.\n``8805. Premiums.\n``8806. Preemption.\n``8807. Studies, reports, and audits.\n``8808. Jurisdiction of courts.\n``8809. Administrative functions.\n``8810. Cost accounting standards.\n``Sec. 8801. Definitions\n ``For purposes of this chapter--\n ``(1) the term `Director' means the Director of the Office \n of Personnel Management;\n ``(2) the term `employee' means--\n ``(A) an employee defined in section 8901(1); and\n ``(B) an officer or employee of the United States \n Postal Service or of the Postal Regulatory Commission;\n ``(3) the term `injury or disability', with respect to an \n employee, means that such employee is unable to perform the \n essential functions of such employee's position of employment \n with the Federal Government;\n ``(4) the term `member of family' has the meaning given \n such term in section 8901(5);\n ``(5) the term `carrier' means an insurance company that is \n licensed to issue disability insurance in all States, taking \n into account any subsidiaries or affiliates of such a company; \n and\n ``(6) the term `State' includes the District of Columbia.\n``Sec. 8802. Availability of insurance\n ``(a) The Director shall establish and administer a program to make \ninsurance coverage available under this chapter--\n ``(1) for an injury or disability not covered under chapter \n 81;\n ``(2) for leave to care for, or leave to make arrangements \n to care for, a member of family, including the birth of a son \n or a daughter; and\n ``(3) for leave to make arrangements--\n ``(A) to become a foster parent; or\n ``(B) to adopt a child.\n ``(b) Insurance shall not be available under this chapter if the \ninjury or disability of an employee is--\n ``(1) caused by willful misconduct of such employee;\n ``(2) caused by such employee's intention to bring about \n such injury or disability to himself or to another individual; \n or\n ``(3) proximately caused by the intoxication of such \n employee.\n ``(c) In addition to the requirements otherwise applicable under \nsection 8801(5), an insurance contract under this chapter must be fully \ninsured, whether through reinsurance with other carriers or otherwise.\n``Sec. 8803. Contracting authority\n ``(a) The Director shall, without regard to any statute requiring \ncompetitive bidding, contract with one or more carriers for a policy or \npolicies of disability insurance as described under this chapter. The \nDirector shall ensure that each resulting contract is awarded on the \nbasis of contractor qualifications, price, and reasonable competition.\n ``(b)(1) Each contract under this section shall contain--\n ``(A) a detailed statement of the benefits offered \n (including any maximums, limitations, exclusions, and other \n definitions of benefits);\n ``(B) the premiums charged (including any limitations or \n other conditions on their subsequent adjustment);\n ``(C) the duration of the enrollment period; and\n ``(D) such other terms and conditions (including procedures \n for establishing eligibility for insurance under this chapter) \n as may be determined by the Director, consistent with the \n requirements of this chapter.\n ``(2) Premiums charged under a contract under this section shall \nreasonably and equitably reflect the cost of the benefits provided, as \ndetermined by the Director.\n ``(c)(1) Each contract under this section shall require the \ncarrier--\n ``(A) to provide payments or benefits described in section \n 8804(c) to an employee if such employee is entitled thereto \n under the terms of the contract; and\n ``(B) with respect to disputes regarding claims for \n payments or benefits under the terms of the contract--\n ``(i) to establish internal procedures designed to \n resolve such disputes expeditiously; and\n ``(ii) to establish, for disputes not resolved \n through procedures under clause (i), procedures for one \n or more alternative means of dispute resolution \n involving independent third-party review under \n circumstances acceptable to the Director.\n ``(2) The carrier's determination as to whether or not a particular \nemployee is eligible to obtain insurance coverage under this chapter \nshall be subject to review to the extent and in the manner provided in \nthe applicable contract.\n ``(3) Nothing in this chapter shall be considered to grant \nauthority for a third-party reviewer to change the terms of any \ncontract under this chapter.\n ``(d)(1) Each contract under this section shall be for a term of \nnot less than 3 years and not greater than 7 years, and may be \nterminated earlier than the termination date of such contract by the \nDirector in accordance with the terms of such contract. However, the \nrights and responsibilities of the enrolled employee, the insurer, and \nthe Director under each contract shall continue with respect to such \nemployee until the termination of coverage of the enrolled employee or \nthe effective date of a successor contract.\n ``(2) A contract described in paragraph (1) may be made \nautomatically renewable, for a term of 1 year each January 1, unless \nwritten notice of non-renewal is given either by the Director or the \ncarrier not less than 180 days before the renewal date, or unless \nmodified by mutual agreement.\n ``(3) A contract described in paragraph (1) shall include such \nprovisions as may be necessary to ensure that, once an employee becomes \nduly enrolled, insurance coverage pursuant to that enrollment shall be \nterminated only if the individual is separated from Federal service or, \nwhere appropriate, for non-payment of premiums.\n``Sec. 8804. Benefits\n ``(a) The Director may prescribe reasonable minimum standards for \nbenefit plans offered under this chapter.\n ``(b)(1) Benefits provided to an employee under this chapter shall \noffset other benefits received by such employee for the same injury or \ndisability, leave to care for or make arrangements to care for a member \nof family (including the birth of a son or a daughter), or leave to \nmake arrangements to adopt a child or become a foster parent including \nworker's compensation and disability retirement income.\n ``(2) A contract providing benefits under this chapter--\n ``(A) shall not provide for a preexisting condition \n exclusion; and\n ``(B) shall not charge higher premiums, deny coverage, or \n drop coverage of an employee with a preexisting condition.\n ``(3) A contract providing benefits under this chapter shall \nprovide incentives for an employee who is receiving benefits under such \ncontract to return to work.\n ``(c)(1) For each instance that such employee suffers an injury or \ndisability, takes leave to care for or make arrangements to care for a \nmember of family (including the birth of a son or a daughter), or takes \nleave to make arrangements to adopt a child or become a foster parent, \nand is eligible for benefits under this chapter, such employee may \nreceive benefits under this chapter for a period not to exceed 12 \nmonths beginning on the date on which such employee qualifies for such \nbenefits. An employee shall receive such benefits after the expiration \nof the waiting period selected by such employee under paragraph (2)(A). \nThe amount of benefits shall be equal to the lesser of--\n ``(A) 70 percent of the annual rate of pay, excluding \n bonuses, of an employee at the time of the injury or disability \n of such employee occurs; or\n ``(B) 70 percent of the maximum rate of basic pay provided \n for grade GS-15 of the General Schedule.\n ``(2)(A) The period for which benefits are payable to an employee \nunder this subsection shall begin after the completion of a waiting \nperiod, subject to the requirement in subparagraph (C). An employee \nshall elect one of the following waiting period options:\n ``(i) On the 8th day of continuous injury or disability, \n leave to care for or to make arrangements to care for a member \n of family (including the birth of a son or a daughter), or \n leave to make arrangements to adopt a child or become a foster \n parent.\n ``(ii) On the 31st day of continuous disability, leave to \n care for or to make arrangements to care for a member of family \n (including the birth of a son or a daughter), or leave to make \n arrangements to adopt a child or become a foster parent.\n ``(iii) On the 91st day of continuous disability, leave to \n care for or to make arrangements to care for a member of family \n (including the birth of a son or a daughter), or leave to make \n arrangements to adopt a child or become a foster parent.\n ``(iv) On the 181st day of continuous disability, leave to \n care for or to make arrangements to care for a member of family \n (including the birth of a son or a daughter), or leave to make \n arrangements to adopt a child or become a foster parent.\n ``(B) An employee who elects to receive benefits earlier shall pay \na higher premium.\n ``(C) A waiting period selected under subparagraph (A) shall begin \non the first day of an employee's injury or disability.\n``Sec. 8805. Premiums\n ``(a) Each eligible individual obtaining insurance coverage under \nthis chapter shall be responsible for 100 percent of the premiums for \nsuch coverage.\n ``(b) The amount necessary to pay the premiums for enrollment shall \nbe withheld from the pay of the enrolled individual.\n ``(c) The carrier participating under this chapter shall maintain \nrecords that permit it to account for all amounts received under this \nchapter (including investment earnings on those amounts) separate and \napart from all other funds.\n ``(d)(1)(A) The Employees' Life Insurance Fund is available, \nwithout fiscal year limitation, for reasonable expenses incurred in \nadministering this chapter before the start of the first term described \nin section 8803(d)(1), including reasonable implementation costs.\n ``(B) Such Fund shall be reimbursed, before the end of the first \nyear of a contract described in section 8803(d)(1), for all amounts \nobligated or expended under subparagraph (A) (including lost investment \nincome). Reimbursement under this subparagraph shall be made by the \ncarrier in accordance with applicable provisions included in the \nrelevant contract.\n ``(C)(i) There is hereby established in the Employees' Life \nInsurance Fund a Non-Work Related Disability Insurance Administrative \nAccount, which shall be available to the Office of Personnel \nManagement, without fiscal year limitation, to defray reasonable \nexpenses incurred by the Office in administering this chapter after the \nstart of the first term described in section 8803(d)(1).\n ``(ii) A contract under this chapter shall include appropriate \nprovisions under which the carrier involved shall, during each year, \nmake such periodic contributions to the Non-Work Related Disability \nInsurance Administrative Account as necessary to ensure that the \nreasonable anticipated expenses of the Office of Personnel Management \nin administering this chapter during such year (adjusted to reconcile \nfor any earlier overestimates or underestimates under this \nsubparagraph) are defrayed.\n ``(e) Nothing in this chapter shall, in the case of an enrolled \nindividual applying for an extension of insurance coverage under this \nchapter after the expiration of such enrolled individual's first \nopportunity to enroll, preclude the application of underwriting \nstandards for later enrollment.\n``Sec. 8806. Preemption\n ``(a) The terms of any contract under this chapter which relate to \nthe nature, provision, or extent of coverage or benefits (including \npayments with respect to benefits) shall supersede and preempt any \nState, territorial, tribal, or local law, or any regulation issued \nthereunder, which relates to non-work related disability insurance or \ncontracts.\n ``(b)(1) No tax, fee, or other monetary payment may be imposed or \ncollected, directly or indirectly, by any State, territory, tribe, or \nlocality, or by any political subdivision or other governmental \nauthority thereof, on, or with respect to, any premium paid for an \ninsurance policy under this chapter.\n ``(2) Paragraph (1) shall not be construed to exempt any company or \nother entity issuing a policy of insurance under this chapter from the \nimposition, payment, or collection of a tax, fee, or other monetary \npayment on the net income or profit accruing to or realized by such \nentity from business conducted under this chapter, if that tax, fee, or \npayment is applicable to a broad range of business activity.\n ``(c) No law of a State, territory, tribe, or locality, pertaining \nto subrogation or reimbursement with respect to benefits provided under \nthis chapter, shall operate except as expressly adopted by the \nDirector.\n``Sec. 8807. Studies, reports, and audits\n ``(a) A contract under this chapter shall contain provisions \nrequiring the carrier to furnish such reasonable reports as the \nDirector determines to be necessary to enable the Director to carry out \nthe Director's functions under this chapter.\n ``(b) Each Federal agency shall keep such records, make such \ncertifications, and furnish the Director, the carrier, or both, with \nsuch information and reports as the Director may require.\n ``(c) The Director shall conduct periodic reviews of each plan \nunder this chapter to ensure its competitiveness.\n``Sec. 8808. Jurisdiction of courts\n ``The district courts of the United States have original \njurisdiction, concurrent with the United States Court of Federal \nClaims, of a civil action or claim against the United States under this \nchapter after such administrative remedies as required under section \n8803(c) have been exhausted, but only to the extent judicial review is \nnot precluded by any dispute resolution or other remedy under this \nchapter.\n``Sec. 8809. Administrative functions\n ``(a)(1) Except as otherwise provided in this chapter, the Director \nshall prescribe regulations necessary to carry out this chapter and to \nmake arrangements as necessary with other agencies and payroll systems \nto implement the program.\n ``(2) Except as otherwise provided by law, the Director shall \nspecify in regulation the treatment of time spent by an individual in \nreceipt of benefits under this chapter for the purposes of periodic \nincreases in pay, retention purposes, and other rights, benefits, and \nconditions of employment for which length of service is a factor.\n ``(b) The carrier shall provide for periodic coordinated \nenrollment, promotion, and education efforts, as specified by the \nDirector.\n``Sec. 8810. Cost accounting standards\n ``The cost accounting standards issued pursuant to section 1502 of \ntitle 41 shall not apply with respect to an insurance contract under \nthis chapter.''.\n (b) Conforming Amendment.--Section 1005(f) of title 39, United \nStates Code, is amended by inserting ``88,'' after ``87,''.\n (c) Clerical Amendment.--The analysis for part III of title 5, \nUnited States Code, is amended by adding at the end of subpart G the \nfollowing:\n\n``88. Non-Work Related Short-Term Disability Insurance...... 8801''.\n (d) Date of Application.--The amendment made by subsection (a) \nshall apply to contracts that take effect with respect to the first \ncalender year that begins more than 18 months after the date of \nenactment of this section.","summary":"Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication. Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period. Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition. Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100 of the premiums for the coverage offered. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses.","title":"To provide a short-term disability insurance program for Federal employees for disabilities that are not work-related, and for other purposes.","text_len":16944,"sum_len":1507} {"bill_id":"110_s1204","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Shaken Baby Syndrome Prevention Act \nof 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Shaken Baby Syndrome is a term used to describe the \n constellation of symptoms, trauma, and medical conditions \n resulting from the violent shaking, or abusive impact to the \n head, of an infant, toddler or other young child.\n (2) Shaken Baby Syndrome is a form of child abuse affecting \n between 1,200 and 1,600 children every year.\n (3) Children who are age 1 or younger accounted for 41.9 \n percent of all child abuse and neglect fatalities in 2005, and \n children who are age 4 or younger accounted for 76.6 percent of \n all child abuse and neglect facilities in 2005.\n (4) The most recent National Child Abuse and Neglect Data \n System figures reveal that almost 900,000 children were victims \n of abuse and neglect in the United States in 2005. That abuse \n and neglect caused unspeakable pain and suffering to the \n Nation's most vulnerable citizens.\n (5) It is estimated that between one-quarter and one-third \n of Shaken Baby Syndrome victims die as a result of their \n injuries, while one-third suffer permanent, severe disabilities \n including paralysis, seizures, loss of hearing or vision, \n cognitive impairments, and other disabilities, often resulting \n in a lifetime of extraordinary medical, educational, and care \n expenses.\n (6) Shaken Baby Syndrome is preventable. Prevention \n programs have demonstrated that educating new parents and other \n caregivers about the danger of shaking young children, healthy \n strategies for coping with infant crying, infant soothing \n skills, and how to protect children from injury can bring about \n a significant reduction in the number of cases of Shaken Baby \n Syndrome.\n (7) Efforts to prevent Shaken Baby Syndrome are supported \n by child welfare and advocacy groups across the United States, \n including many groups formed by parents and relatives of \n children who have been killed or injured by the syndrome.\n (8) Education programs have been shown to raise awareness \n about Shaken Baby Syndrome and provide critically important \n information about the syndrome to caregivers, day care workers, \n child protection employees, law enforcement personnel, health \n care providers, and legal representatives.\n (9) Education programs can give parents healthy strategies \n for dealing with a crying infant and change the knowledge and \n behavior of parents of young children.\n\nSEC. 3. PUBLIC HEALTH CAMPAIGN.\n\n (a) In General.--\n (1) Development.--The Secretary of Health and Human \n Services (referred to in this Act as the ``Secretary''), acting \n through the Director of the National Center for Injury \n Prevention and Control of the Centers for Disease Control and \n Prevention, the Director of the National Institute of Child \n Health and Human Development, the Director of the Maternal and \n Child Health Bureau of the Health Resources and Services \n Administration, and the Director of the Office of Child Abuse \n and Neglect in the Administration for Children and Families, \n shall develop an effective national Shaken Baby Syndrome public \n health campaign.\n (2) Information.--The public health campaign shall inform \n the general public, and new parents, child care providers and \n other caregivers of young children, health care providers, and \n social workers, among others, about brain injuries and other \n harmful effects that may result from shaking, or abusive impact \n to the head, of infants and children under age 5, and healthy \n strategies to cope with a crying infant and related \n frustrations, in order to help protect children from injury.\n (3) Coordination.--In carrying out the public health \n campaign, the Secretary shall also coordinate activities with \n providers of other support services to parents and other \n caregivers of young children.\n (b) Activities.--\n (1) In general.--In carrying out the public health \n campaign, the Secretary shall carry out the activities \n described in paragraphs (2) through (4).\n (2) National action plan and strategies.--The Secretary \n shall--\n (A) develop a National Action Plan and effective \n strategies to increase awareness of opportunities to \n prevent Shaken Baby Syndrome through activities that \n comprehensively and systematically provide information \n and instruction about healthy strategies for parents \n and other caregivers concerning how to cope with a \n crying infant and related frustrations; and\n (B) coordinate the Plan and effective strategies \n with evidence-based strategies and efforts that support \n families with infants and other young children, such as \n home visiting programs and respite child care efforts, \n which have a role to play in prevention of the \n syndrome.\n (3) Communication, education, and training.--The Secretary \n shall carry out communication, education, and training about \n Shaken Baby Syndrome prevention, including efforts to \n communicate with the general public by--\n (A) disseminating effective prevention practices \n and techniques to parents and caregivers through \n maternity hospitals, child care centers, organizations \n providing prenatal and postnatal care, organizations \n providing programs for fathers, and organizations \n providing parenting education and support services;\n (B)(i) producing evidence-based educational and \n informational materials in print, audio, video, \n electronic, and other media, giving special attention \n to educating young men and English language learners \n through the materials; and\n (ii) coordinating activities carried out under \n clause (i) with national and Federal awareness \n activities, such as the activities accompanying Shaken \n Baby Awareness Week, to the extent possible;\n (C) carrying out Shaken Baby Syndrome training, \n which shall aim--\n (i) to ensure that primary care providers, \n home visitors, parent educators, child care \n providers, foster parents and others involved \n in the care of young children, and nurses, \n physicians, and other health care providers, \n are aware of ways to prevent abusive head \n trauma and other forms of child maltreatment, \n and the need to secure immediate medical \n attention in cases of head trauma; and\n (ii) to provide health care providers and \n early childhood educators with the knowledge, \n skills, and materials to simply, quickly, and \n effectively educate parents, including adoptive \n and foster parents, as well as others who are \n caregivers of young children, about infant \n crying and thus reduce abuse.\n (4) Supports for parents and caregivers.--\n (A) In general.--The Secretary, in consultation \n with the Shaken Baby Awareness Advisory Council, shall \n work to ensure that the parents and caregivers of \n children are connected to effective supports through \n the coordination of existing programs and networks or \n the establishment of new programs.\n (B) Supports.--To the extent practicable, the \n supports provided under this paragraph shall include \n the provision of a 24-hour phone hotline, and the \n development of an Internet website for round-the-clock \n support, for--\n (i) parents and caregivers who struggle \n with infant crying and related concerns;\n (ii) parents and caregivers of surviving \n children who suffer serious injuries as a \n result of shaking or an abusive impact to the \n head, as a young child; and\n (iii) parents and family members of \n children who do not survive such shaking or \n abusive impact.\n (c) Shaken Baby Awareness Advisory Council.--\n (1) Establishment.--There is established a Shaken Baby \n Awareness Advisory Council (referred to in this subsection as \n the ``Council'').\n (2) Membership.--The Council shall be composed of members \n appointed by the Secretary, not later than 6 months after the \n date of enactment of this Act, including, to the maximum extent \n possible, representatives from--\n (A) Shaken Baby Awareness advocacy organizations, \n including groups formed by parents and relatives of \n victims;\n (B) child protection advocacy organizations;\n (C) organizations involved in child protection and \n child maltreatment prevention;\n (D) disability advocacy organizations;\n (E) pediatric medical associations;\n (F) psychologists, child development professionals, \n or family studies professionals;\n (G) professional associations or institutions \n involved in medical research related to abusive head \n trauma;\n (H) academic institutions;\n (I) parenting support organizations, including \n those providing programs targeted towards fathers;\n (J) organizations who come in contact with families \n and caregivers of infants, toddlers, and other young \n children; and\n (K) other Federal and State agencies involved in \n child abuse prevention activities.\n (3) Period of appointment; vacancies.--\n (A) Period of appointment.--The Secretary shall, \n after consultation with the members of the Council \n initially appointed by the Secretary under paragraph \n (2), determine and establish the term of service on the \n Council that shall apply to all current and future \n members.\n (B) Vacancies.--Any vacancy in the Council shall \n not affect the powers of the Council, but shall be \n filled in the same manner as the original appointment.\n (4) Duties.--The Council shall meet at least semi-\n annually--\n (A) to develop recommendations regarding the \n National Action Plan and effective strategies described \n in subsection (b)(2); and\n (B) to develop recommendations related to support \n services for families and caregivers of young children.\n (5) Personnel.--\n (A) Travel expenses.--The members of the Council \n shall not receive compensation for the performance of \n services for the Council, but shall be allowed travel \n expenses, including per diem in lieu of subsistence, at \n rates authorized for employees of agencies under \n subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of \n business in the performance of services for the \n Council. Notwithstanding section 1342 of title 31, \n United States Code, the Secretary may accept the \n voluntary and uncompensated services of members of the \n Council.\n (B) Detail of government employees.--Any Federal \n Government employee may be detailed to the Council \n without reimbursement, and such detail shall be without \n interruption or loss of civil service status or \n privilege.\n (6) Termination of committee.--Section 14 of the Federal \n Advisory Committee Act (5 U.S.C. App.) shall not apply to the \n Council. The Secretary shall terminate the Council when the \n Secretary determines, after consultation with the Council, that \n it is no longer necessary to pursue the goals and carry out the \n activities of the Council.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$10,000,000 for fiscal year 2008 and such sums as may be necessary for \neach of fiscal years 2009, 2010, and 2011.","summary":"Shaken Baby Syndrome Prevention Act of 2007 - Requires the Secretary of Health and Human Services, acting through various federal agencies, to develop a national Shaken Baby Syndrome public health campaign. Requires the Secretary to: (1) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome. And (2) coordinate the Plan and strategies with evidence-based strategies and efforts that support families with infants and other young children. Directs the Secretary to carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public, such as by: (1) disseminating effective prevention practices and techniques to parents and caregivers, (2) producing evidence-based educational and information materials. And (3) carrying out Shaken Baby Syndrome training. Requires the Secretary to work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs, including a 24-hour phone hotline and the development of an Internet website for round-the-clock support. Establishes a Shaken Baby Awareness Advisory Council to develop recommendations: (1) regarding the National Action Plan and effective strategies. And (2) related to support services for families and caregivers of young children.","title":"A bill to enhance Federal efforts focused on public awareness and education about the risks and dangers associated with Shaken Baby Syndrome.","text_len":13791,"sum_len":1459} {"bill_id":"113_s2949","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Motor Vehicle Safety Whistleblower \nAct''.\n\nSEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS.\n\n (a) In General.--Subchapter IV of chapter 301 of title 49, United \nStates Code, is amended by adding at the end the following:\n\n``SEC. 30172. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.\n\n ``(a) Definitions.--In this section:\n ``(1) Covered action.--The term `covered action' means any \n administrative or judicial action, including any related \n administrative or judicial action, brought by the Secretary or \n the Attorney General under this chapter that in the aggregate \n results in monetary sanctions exceeding $1,000,000.\n ``(2) Monetary sanctions.--The term `monetary sanctions' \n means monies, including penalties and interest, ordered or \n agreed to be paid.\n ``(3) Original information.--The term `original \n information' means information that--\n ``(A) is derived from the independent knowledge or \n analysis of an individual;\n ``(B) is not known to the Secretary from any other \n source, unless the individual is the original source of \n the information; and\n ``(C) is not exclusively derived from an allegation \n made in a judicial or an administrative action, in a \n governmental report, a hearing, an audit, or an \n investigation, or from the news media, unless the \n individual is a source of the information.\n ``(4) Part supplier.--The term `part supplier' means a \n manufacturer of motor vehicle equipment.\n ``(5) Successful resolution.--The term `successful \n resolution' includes any settlement or adjudication of a \n covered action.\n ``(6) Whistleblower.--The term `whistleblower' means any \n employee or contractor of a motor vehicle manufacturer, part \n supplier, or dealership who voluntarily provides to the \n Secretary original information relating to any motor vehicle \n defect, noncompliance, or any violation or alleged violation of \n any notification or reporting requirement of this chapter which \n is likely to cause unreasonable risk of death or serious \n physical injury.\n ``(b) Awards.--\n ``(1) In general.--If the original information that a \n whistleblower provided to the Secretary led to the successful \n resolution of a covered action, the Secretary, subject to \n subsection (c) and under the regulations promulgated under \n subsection (i), may pay an award or awards to 1 or more \n whistleblowers in an aggregate amount of not more than 30 \n percent, in total, of collected monetary sanctions.\n ``(2) Payment of awards.--Any amount payable under \n paragraph (1) shall be paid from the monetary sanctions \n collected, and any monetary sanctions so collected shall be \n available for such payment.\n ``(c) Determination of Awards; Denial of Awards.--\n ``(1) Determination of awards.--\n ``(A) Discretion.--The determination of whether, to \n whom, or in what amount to make an award shall be in \n the discretion of the Secretary.\n ``(B) Criteria.--In determining an award made under \n subsection (b), the Secretary shall take into \n consideration--\n ``(i) if appropriate, whether a \n whistleblower reported or attempted to report \n the information internally to an applicable \n motor vehicle manufacturer, part supplier, or \n dealership;\n ``(ii) the significance of the original \n information provided by the whistleblower to \n the successful resolution of the covered \n action;\n ``(iii) the degree of assistance provided \n by the whistleblower and any legal \n representative of the whistleblower in the \n covered action; and\n ``(iv) such additional factors as the \n Secretary considers relevant.\n ``(2) Denial of awards.--No award under subsection (b) \n shall be made--\n ``(A) to any whistleblower who is convicted of a \n criminal violation related to the covered action for \n which the whistleblower otherwise could receive an \n award under this section;\n ``(B) to any whistleblower who, acting without \n direction from an applicable motor vehicle \n manufacturer, part supplier, or dealership, or agent \n thereof, deliberately causes or substantially \n contributes to the alleged violation of a requirement \n of this chapter;\n ``(C) to any whistleblower who submits information \n to the Secretary that is based on the facts underlying \n the covered action submitted previously by another \n whistleblower; or\n ``(D) to any whistleblower who fails to provide the \n original information to the Secretary in such form as \n the Secretary may require by regulation.\n ``(d) Representation.--A whistleblower who makes a claim for an \naward under subsection (b) may be represented by counsel.\n ``(e) No Contract Necessary.--No contract with the Secretary is \nnecessary for any whistleblower to receive an award under subsection \n(b).\n ``(f) Appeals.--\n ``(1) In general.--Any determination made under this \n section, including whether, to whom, or in what amount to make \n an award, shall be in the discretion of the Secretary.\n ``(2) Appeals.--Any determination made by the Secretary \n under this section may be appealed by a whistleblower to the \n appropriate court of appeals of the United States not later \n than 30 days after the determination is issued by the \n Secretary.\n ``(3) Review.--The court shall review the determination \n made by the Secretary in accordance with section 706 of title \n 5, United States Code.\n ``(g) Protection of Whistleblowers; Confidentiality.--\n ``(1) In general.--Notwithstanding section 30167, and \n except as provided in paragraphs (2) and (3) of this \n subsection, the Secretary, and any officer or employee of the \n Department of Transportation, shall not disclose any \n information, including information provided by a whistleblower \n to the Secretary, which could reasonably be expected to reveal \n the identity of a whistleblower, except in accordance with the \n provisions of section 552a of title 5, United States Code, \n unless and until required to be disclosed to a defendant or \n respondent in connection with a public proceeding instituted by \n the Secretary or any entity described in paragraph (3). For \n purposes of section 552 of title 5, United States Code, this \n paragraph shall be considered a statute described in subsection \n (b)(3)(B) of that section.\n ``(2) Effect.--Nothing in this subsection is intended to \n limit the ability of the Attorney General to present such \n evidence to a grand jury or to share such evidence with \n potential witnesses or defendants in the course of an ongoing \n criminal investigation.\n ``(3) Availability to government agencies.--\n ``(A) In general.--Without the loss of its status \n as confidential in the hands of the Secretary, all \n information referred to in paragraph (1) may, in the \n discretion of the Secretary, when determined by the \n Secretary to be necessary or appropriate to accomplish \n the purposes of this chapter and in accordance with \n subparagraph (B), be made available to the following:\n ``(i) The Department of Justice.\n ``(ii) An appropriate department or agency \n of the Federal Government, acting within the \n scope of its jurisdiction.\n ``(B) Maintenance of information.--Each entity \n described in subparagraph (A) shall maintain \n information described in that subparagraph as \n confidential, in accordance with the requirements in \n paragraph (1).\n ``(h) Provision of False Information.--A whistleblower who \nknowingly and willfully makes any false, fictitious, or fraudulent \nstatement or representation, or who makes or uses any false writing or \ndocument knowing the same to contain any false, fictitious, or \nfraudulent statement or entry, shall not be entitled to an award under \nthis section and shall be subject to prosecution under section 1001 of \ntitle 18.\n ``(i) Regulations.--Not later than 1 year after the date of \nenactment of the Motor Vehicle Safety Whistleblower Act, the Secretary \nshall promulgate regulations to implement the requirements of this \nsection.''.\n (b) Rule of Construction.--\n (1) Original information.--Information submitted to the \n Secretary of Transportation by a whistleblower in accordance \n with the regulations to implement the requirements of section \n 30172, United States Code, shall not lose its status as \n original information solely because the whistleblower submitted \n the information prior to the effective date of the regulations \n if that information was submitted after the date of enactment \n of this Act.\n (2) Awards.--A whistleblower may receive an award under \n section 30172, United States Code, regardless of whether the \n violation underlying the covered action occurred prior to the \n date of enactment of this Act.\n (c) Conforming Amendments.--The table of contents of subchapter IV \nof chapter 301 of title 49, United States Code, is amended by adding at \nthe end the following:\n\n``30172. Whistleblower incentives and protections.''.","summary":"Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30 of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.","title":"Motor Vehicle Safety Whistleblower Act","text_len":10676,"sum_len":860} {"bill_id":"110_s3713","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Captain James A. Lovell Federal \nHealth Care Center Act of 2008''.\n\nSEC. 2. TRANSFER OF PROPERTY.\n\n (a) Transfer.--\n (1) Transfer authorized.--Upon the conclusion of a \n resource-sharing agreement between the Secretary of Defense and \n the Secretary of Veterans Affairs providing for the joint use \n by the Department of Defense and the Department of Veterans \n Affairs of a facility and supporting facilities in North \n Chicago, Illinois, and Great Lakes, Illinois, and for joint use \n of related medical personal property and equipment, the \n Secretary of Defense may transfer, without reimbursement, to \n the Department of Veterans Affairs the Navy ambulatory care \n center (on which construction commenced in July 2008), parking \n structure, and supporting facilities, and related medical \n personal property and equipment, located in Great Lakes, \n Illinois.\n (2) Designation of joint use facility.--The facility and \n supporting facilities subject to joint use under the agreement \n and transfer under this subsection shall be designated as known \n as the ``Captain James A. Lovell Federal Health Care Center''.\n (b) Reversion.--\n (1) In general.--If any of the real and related personal \n property transferred pursuant to subsection (a) is subsequently \n used for purposes other than the purposes specified in the \n joint use specified in the resource-sharing agreement described \n in that subsection or otherwise determined by the Secretary of \n Veterans Affairs to be excess to the needs of the Department of \n Veterans Affairs, the Secretary of Veterans Affairs shall offer \n to transfer such property, without reimbursement, to the \n Secretary of Defense. Any such transfer shall be completed not \n later than one year after the acceptance of the offer of \n transfer.\n (2) Reversion in event of lack of facilities integration.--\n (A) Within initial period.--During the 5-year \n period beginning on the date of the transfer of the \n real and related personal property described in \n subsection (a), if the Secretary of Veterans Affairs \n and the Secretary of Defense jointly determine that the \n integration of the facilities described in that \n subsection should not continue, the real and related \n personal property of the Navy ambulatory care center, \n parking structure, and support facilities described in \n that subsection shall be transferred, without \n reimbursement, to the Secretary of Defense. Such \n transfer shall occur not later than 180 days after the \n date of such determination by the Secretaries.\n (B) After initial period.--After the end of the 5-\n year period described in subparagraph (A), if either \n the Secretary of Veterans Affairs or the Secretary of \n Defense determines that the integration of the \n facilities described in subsection (a) should not \n continue, the Secretary of Veterans Affairs shall \n transfer, without reimbursement, to the Secretary of \n Defense the real and related personal property \n described in paragraph (1). Such transfer shall occur \n not later than one year after the date of the \n determination by the Secretary concerned.\n\nSEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.\n\n (a) Authorization for Transfer of Functions.--\n (1) In general.--The Secretary of Defense may transfer to \n the Department of Veterans Affairs, and the Secretary of \n Veterans Affairs may accept from the Department of Defense, \n functions necessary for the effective operation of the Captain \n James A. Lovell Federal Health Care Center.\n (2) Treatment of transfers.--Any transfer of functions \n under this subsection is a transfer of functions within the \n meaning of section 3503 of title 5, United States Code.\n (b) Terms of Agreement.--\n (1) Resource-sharing agreement.--Any transfer of functions \n under subsection (a) shall be effectuated in a resource-sharing \n agreement between the Secretary of Defense and the Secretary of \n Veterans Affairs.\n (2) Elements.--Notwithstanding any other provision of law, \n including but not limited to any provisions of title 5, United \n States Code, relating to transfers of function or reductions-\n in-force, the agreement described in paragraph (1) shall be \n controlling and may make provision for--\n (A) the transfer of civilian employee positions of \n the Department of Defense identified in the agreement \n to the Department of Veterans Affairs and of the \n incumbent civilian employees in such positions;\n (B) the transition of transferred employees to pay, \n benefits, and personnel systems of the Department of \n Veterans Affairs in a manner which will not result in \n any reduction of pay, grade, or employment progression \n of any employee or any change in employment status for \n employees who have already successfully completed or \n are in the process of completing a one-year \n probationary period under title 5, United States Code;\n (C) the establishment of integrated seniority lists \n and other personnel management provisions that \n recognize an employee's experience and training so as \n to provide comparable recognition of employees \n previously with the Department of Veterans Affairs and \n employees newly transferred to such Department; and\n (D) such other matters relating to civilian \n personnel management as the Secretary of Defense and \n the Secretary of Veterans Affairs consider appropriate.\n (c) Preservation of Authority.--Notwithstanding subsections (a) and \n(b), nothing in this section shall be construed as limiting the \nauthority of the Secretary of Defense to establish civilian employee \npositions in the Department of Defense and utilize all civilian \npersonnel authorities otherwise available to the Secretary if the \nSecretary determines that such actions are necessary and appropriate to \nmeet mission requirements of the Department of Defense.\n\nSEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND.\n\n (a) Ten-Year Extension of Authority for Joint Incentives Program.--\nParagraph (3) of section 8111(d) of title 38, United States Code, is \namended by striking ``2010'' and inserting ``2020''.\n (b) Funding of Maintenance and Minor Construction From the Joint \nIncentive Fund.--Paragraph (2) of such section is amended by adding at \nthe end the following new sentence: ``Such purposes shall include real \nproperty maintenance and minor construction projects that are not \nrequired to be specifically authorized by law under section 8104 of \nthis title and section 2805 of title 10.''.\n\nSEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. \n LOVELL FEDERAL HEALTH CARE CENTER.\n\n (a) In General.--For purposes of eligibility for health care under \nchapter 55 of title 10, United States Code, the Captain James A. Lovell \nFederal Health Care Center authorized by this Act may be deemed to be a \nfacility of the uniformed services to the extent provided in an \nagreement between the Secretary of Defense and the Secretary of \nVeterans Affairs under subsection (b).\n (b) Elements of Agreement.--Subsection (a) may be implemented \nthrough an agreement between the Secretary of Veterans Affairs and the \nSecretary of Defense. The agreement may--\n (1) establish an integrated priority list for access to \n available care at the facility described in subsection (a), \n integrating the respective priority lists of the Secretaries, \n taking into account categories of beneficiaries, enrollment \n program status, and such other factors as the Secretaries \n determine appropriate;\n (2) incorporate any resource-related limitations for access \n to care at that facility established by the Secretary of \n Defense for purposes of administering space-available \n eligibility for care in facilities of the uniformed services \n under chapter 55 of title 10, United States Code;\n (3) allocate financial responsibility for care provided at \n that facility for individuals who are eligible for care under \n both title 38, United States Code, and chapter 55 of title 10, \n United States Code; and\n (4) waive the applicability to that facility of any \n provision of section 8111(e) of title 38, United States Code, \n as specified by the Secretaries.","summary":"Captain James A. Lovell Federal Health Care Center Act of 2008 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois. Designates such facility and supporting facilities as the Captain James A. Lovell Federal Health Care Center (Center). Provides a reversionary interest to the Secretary if the property is not used in accordance with the resource-sharing agreement or in the event of lack of facilities integration. Authorizes the Secretary to transfer to the VA functions necessary for Center operation. Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there.","title":"A bill to provide for the integration of the Captain James A. Lovell Federal Health Care Center and the Great Lakes Naval Health Clinic, and for other purposes.","text_len":9393,"sum_len":1177} {"bill_id":"111_s839","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prepare All Kids Act of 2009''.\n\nSEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS.\n\n Title I of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6301 et seq.) is amended--\n (1) by redesignating part I as part J; and\n (2) by inserting after part H the following:\n\n ``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS\n\n``SEC. 1841. FINDINGS.\n\n ``Congress makes the following findings:\n ``(1) Investments in children and early childhood \n development education should be a national priority.\n ``(2) State-funded preschool is the most rapidly expanding \n segment of the United States educational system, but in many \n States a lack of stable funding poses an enormous threat to the \n provision or continuation of high quality preschool.\n ``(3) Researchers, educators, and economists have long \n noted an achievement gap for low-income and minority students \n as compared to their more advantaged peers that is often \n already evident when children enter school for the first time.\n ``(4) One study showed that before entering kindergarten, \n the average cognitive scores of preschool-age children in the \n highest socioeconomic group are 60 percent above the average \n scores of children in the lowest socioeconomic group.\n ``(5) For low-income preschoolers, research shows that high \n quality early education and development is vital to closing the \n achievement gap between them and their more advantaged peers.\n ``(6) Numerous studies have shown that high quality \n preschool programs--\n ``(A) improve a number of specific life outcomes \n for children; and\n ``(B) are cost effective.\n ``(7) The provision of high quality prekindergarten is a \n cost-effective investment for children and for the Nation. \n Research shows that for every $1 invested in high quality early \n childhood programs, taxpayers save up to $7 in crime, welfare, \n remedial and special education, and other costs.\n ``(8) High quality early education increases academic \n success for schoolchildren who received that education by--\n ``(A) improving skills in areas such as following \n directions and problem solving;\n ``(B) improving children's performance on \n standardized tests;\n ``(C) reducing grade repetition;\n ``(D) reducing the number of children placed in \n special education; and\n ``(E) increasing high school graduation rates.\n ``(9) High quality early education promotes responsible \n behavior by teens and adults who received that education by--\n ``(A) reducing crime, delinquency, and unhealthy \n behaviors such as smoking and drug use;\n ``(B) lowering rates of teen pregnancy;\n ``(C) leading to greater employment and higher \n wages for adults; and\n ``(D) contributing to more stable families.\n ``(10) High quality prekindergarten programs prepare \n children to--\n ``(A) succeed in school;\n ``(B) achieve higher levels of education; and\n ``(C) become citizens who--\n ``(i) earn more in adulthood;\n ``(ii) compete in the global economy; and\n ``(iii) contribute to our national \n prosperity.\n\n``SEC. 1842. DEFINITIONS.\n\n ``In this part:\n ``(1) Full-day.--The term `full-day', used with respect to \n a program, means a program with a minimum of a 6-hour schedule \n per day.\n ``(2) Poverty line.--The term `poverty line' has the \n meaning given the term in section 673(2) of the Community \n Services Block Grant Act (42 U.S.C. 9902(2)) and includes any \n revision required by that section.\n ``(3) Prekindergarten.--The term `prekindergarten' means a \n program that--\n ``(A) serves children who are ages 3 through 5;\n ``(B) supports children's cognitive, social, \n emotional, and physical development and approaches to \n learning; and\n ``(C) helps prepare children for a successful \n transition to kindergarten.\n ``(4) Prekindergarten teacher.--The term `prekindergarten \n teacher' means an individual who--\n ``(A) has a bachelor of arts degree with a \n specialization in early childhood education or early \n childhood development; or\n ``(B) during the 6-year period following the first \n date on which the individual is employed as such a \n teacher under this part, is working toward that degree.\n ``(5) Qualified prekindergarten provider.--The term \n `qualified prekindergarten provider' includes a provider of a \n prekindergarten program, a Head Start agency, a provider of a \n child care program, a school, and a for-profit or nonprofit \n organization that--\n ``(A) is in existence on the date of the \n qualification determination; and\n ``(B) has met applicable requirements under State \n or local law that are designed to protect the health \n and safety of children and that are applicable to child \n care providers.\n\n``SEC. 1843. PROGRAM AUTHORIZATION.\n\n ``(a) Prekindergarten Incentive Fund.--The Secretary, in \ncollaboration and consultation with the Secretary of Health and Human \nServices, shall create a Prekindergarten Incentive Fund, to be \nadministered by the Secretary of Education.\n ``(b) Grants.--In administering the Fund, the Secretary shall award \ngrants to eligible States based on a formula established by the \nSecretary in accordance with subsection (c), to pay for the Federal \nshare of the cost of awarding subgrants to qualified prekindergarten \nproviders to establish, expand, or enhance voluntary high quality full-\nday prekindergarten programs.\n ``(c) Minimum Allotment.--No State shall receive a grant allotment \nunder subsection (b) for a fiscal year that is less than one-half of 1 \npercent of the total amount made available to carry out this part for \nsuch fiscal year.\n\n``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS.\n\n ``(a) Designated State Agency.--To be eligible to receive a grant \nunder this part, a State shall designate a State agency to administer \nthe State program of assistance for prekindergarten programs funded \nthrough the grant, including receiving and administering funds and \nmonitoring the programs.\n ``(b) State Application.--In order for a State to be eligible to \nreceive a grant under this part, the designated State agency shall \nsubmit an application to the Secretary at such time, in such manner, \nand containing such information as the Secretary may reasonably \nrequire, including--\n ``(1) an assurance that the State will award subgrants for \n prekindergarten programs that are sufficient to provide a high \n quality prekindergarten experience;\n ``(2) an assurance that not less than 25 percent of the \n qualified prekindergarten providers receiving such subgrants \n will be providers of community-based programs;\n ``(3) a description of the number of children in the State \n who are eligible for the prekindergarten programs and the needs \n that will be served through the prekindergarten programs;\n ``(4) a description of how the State will ensure that the \n subgrants are awarded to a wide range of types of qualified \n prekindergarten providers;\n ``(5) a description of how the designated State agency will \n collaborate and coordinate activities with the State Advisory \n Council on Early Childhood Education and Care, State-funded \n providers of prekindergarten programs, providers of federally \n funded programs such as Head Start agencies, local educational \n agencies, and child care providers;\n ``(6) a description of how the State will ensure, through a \n monitoring process, that qualified prekindergarten providers \n receiving the subgrants provide programs that meet the \n standards of high quality early education, and use funds \n appropriately;\n ``(7) a description of how the State will meet the needs of \n the most disadvantaged students, including families at or below \n 200 percent of the poverty line;\n ``(8) a description of how the State will meet the needs of \n working parents; and\n ``(9) a description of how the State will assist in \n providing professional development assistance to \n prekindergarten teachers and teacher aides.\n ``(c) Federal Share.--The Federal share of the cost described in \nsection 1843(b) shall be 50 percent. The State shall provide the non-\nFederal share of the cost in cash.\n ``(d) Supplementary Federal Funding.--Funds made available under \nthis part may be used only to supplement and not supplant other \nFederal, State, local, or private funds that would, in the absence of \nthe funds made available under this part, be made available for early \nchildhood programs.\n ``(e) Maintenance of Effort.--A State that receives a grant under \nthis part for a fiscal year shall maintain the expenditures of the \nState for early childhood programs at a level not less than the level \nof such expenditures of the State for the preceding fiscal year.\n\n``SEC. 1845. STATE SET ASIDES AND EXPENDITURES.\n\n ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842 \nand 1843, a State shall set aside not less than 15 percent of the funds \nmade available through a grant awarded under this part for the purpose \nof funding high quality early childhood development programs for \nchildren who are ages 0 through 3. Funds made available under this \nsubsection may also be used for professional development for teachers \nand teacher aides in classrooms for children who are ages 0 through 3.\n ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding \nsection 1843, a State shall set aside not less than 10 percent of the \nfunds made available through a grant awarded under this part for the \npurpose of extending the hours of early childhood programs to create \nextended day and extended year programs.\n ``(c) Administrative Expenses.--Not more than 5 percent of the \nfunds made available through such a grant may be used for \nadministrative expenses, including monitoring.\n\n``SEC. 1846. LOCAL APPLICATIONS.\n\n ``To be eligible to receive a subgrant under this part, a qualified \nprekindergarten provider shall submit an application to the designated \nState agency at such time, in such manner, and containing such \ninformation as the agency may reasonably require, including--\n ``(1) a description of how the qualified prekindergarten \n provider will meet the diverse needs of children in the \n community to be served, including children with disabilities, \n whose native language is not English, or with other special \n needs, children in the State foster care system, and homeless \n children;\n ``(2) a description of how the qualified prekindergarten \n provider will serve eligible children who are not served \n through similar services or programs;\n ``(3) a description of a plan for actively involving \n parents and families in the prekindergarten program and the \n success of their children in the program;\n ``(4) a description of how children in the prekindergarten \n program, and their parents and families, will receive referrals \n to, or assistance with, accessing supportive services provided \n within the community;\n ``(5) a description of how the qualified prekindergarten \n provider collaborates with the State Advisory Council on Early \n Childhood Education and Care and providers of other programs \n serving children and families, including Head Start agencies, \n providers of child care programs, and local educational \n agencies, to meet the needs of children, families, and working \n families, as appropriate; and\n ``(6) a description of how the qualified prekindergarten \n provider will collaborate with local educational agencies to \n ensure a smooth transition for participating students from the \n prekindergarten program to kindergarten and early elementary \n education.\n\n``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS.\n\n ``(a) Mandatory Uses of Funds.--A qualified prekindergarten \nprovider that receives a subgrant under this part shall use funds \nreceived through the grant to establish, expand, or enhance \nprekindergarten programs for children who are ages 3 through 5, \nincluding--\n ``(1) providing a prekindergarten program that supports \n children's cognitive, social, emotional, and physical \n development and approaches to learning, and helps prepare \n children for a successful transition to kindergarten; and\n ``(2) purchasing educational equipment, including \n educational materials, necessary to provide a high quality \n prekindergarten program.\n ``(b) Permissible Use of Funds.--A qualified prekindergarten \nprovider that receives a subgrant under this part may use funds \nreceived through the grant to--\n ``(1) extend part-day prekindergarten programs to full-day \n prekindergarten programs and year-round programs;\n ``(2) pay for transporting students to and from a \n prekindergarten program; and\n ``(3) provide professional development assistance to \n prekindergarten teachers and teacher aides.\n ``(c) Program Requirements.--A qualified prekindergarten provider \nthat receives a subgrant under this part shall carry out a high quality \nprekindergarten program by--\n ``(1) maintaining a maximum class size of 20 children, with \n at least 1 prekindergarten teacher per classroom;\n ``(2) ensuring that the ratio of children to \n prekindergarten teachers and teacher aides shall not exceed 10 \n to 1;\n ``(3) utilizing a prekindergarten curriculum that is \n research- and evidence-based, developmentally appropriate, and \n designed to support children's cognitive, social, emotional, \n and physical development, and approaches to learning; and\n ``(4) ensuring that prekindergarten teachers meet the \n requirements of this part.\n\n``SEC. 1848. REPORTING.\n\n ``(a) Qualified Prekindergarten Provider Reports.--Each qualified \nprekindergarten provider that receives a subgrant from a State under \nthis part shall submit an annual report, to the designated State \nagency, that reviews the effectiveness of the prekindergarten program \nprovided. Such annual report shall include--\n ``(1) data specifying the number and ages of enrolled \n children, and the family income, race, gender, disability, and \n native language of such children;\n ``(2) a description of--\n ``(A) the curriculum used by the program;\n ``(B) how the curriculum supports children's \n cognitive, social, emotional, and physical development \n and approaches to learning; and\n ``(C) how the curriculum is appropriate for \n children of the culture, language, and ages of the \n children served; and\n ``(3) a statement of all sources of funding received by the \n program, including Federal, State, local, and private funds.\n ``(b) State Reports.--Each State that receives a grant under this \npart shall submit an annual report to the Secretary detailing the \neffectiveness of all prekindergarten programs funded under this part in \nthe State.\n ``(c) Report to Congress.--The Secretary shall submit an annual \nreport to Congress that describes the State programs of assistance for \nprekindergarten programs funded under this part.\n\n``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \nsuch sums as may be necessary for fiscal years 2010 through 2014.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n (a) Table of Contents.--The table of contents in section 1(b) of \nthe Elementary and Secondary Education Act of 1965 is amended--\n (1) by striking the item relating to the part heading for \n part I of title I and inserting the following:\n\n ``Part J--General Provisions'';\n\n and\n (2) by inserting after the items relating to part I of \n title I and inserting the following:\n\n ``Part I--High Quality Full-Day Prekindergarten Programs\n\n``Sec. 1841. Findings.\n``Sec. 1842. Definitions.\n``Sec. 1843. Program authorization.\n``Sec. 1844. State applications and requirements.\n``Sec. 1845. State set asides and expenditures.\n``Sec. 1846. Local applications.\n``Sec. 1847. Local prekindergarten program requirements.\n``Sec. 1848. Reporting.\n``Sec. 1849. Authorization of appropriations.''.\n (b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2), \n6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part \nJ''.","summary":"Prepare All Kids Act of 2009 - Creates a part I under title I of the Elementary and Secondary Education Act of 1965. Implements such part by requiring the Secretary of Education to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five. Directs state grantees to set aside: (1) at least 15 of their grant for quality early childhood development programs for children ages zero through three. And (2) at least 10 of their grant to extend the hours of early childhood programs to create extended day and year programs. Requires prekindergarten subgrantees to: (1) maintain a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom. And (2) ensure that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1.","title":"A bill to assist States in making voluntary high quality universal prekindergarten programs available to 3- to 5-year olds for at least 1 year preceding kindergarten.","text_len":18066,"sum_len":1016} {"bill_id":"108_s2449","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cuba Sanctions Reform Act of 2004''.\n\nSEC. 2. DURATION OF SANCTIONS RELATED TO CUBA.\n\n (a) Continuation of Sanctions.--\n (1) Expiration.--Notwithstanding any other provision of \n law, the restrictions described in section 3(a) shall, with \n respect to Cuba, expire 1 year from the date of enactment of \n this Act unless renewed pursuant to paragraph (2) and \n subsection (b).\n (2) Resolution by congress.--The restrictions contained in \n section 3(a) may be renewed annually for a 1-year period if, \n prior to the anniversary of the date of enactment of this Act, \n and each year thereafter, a renewal resolution is enacted into \n law in accordance with subsection (b).\n (b) Renewal Resolutions.--\n (1) In general.--For purposes of this section, the term \n ``renewal resolution'' means a joint resolution of the two \n Houses of Congress, the sole matter after the resolving clause \n of which is as follows: ``That Congress approves the renewal of \n the restrictions contained in section 3(a) of the Cuba \n Sanctions Reform Act of 2004.''.\n (2) Procedures.--\n (A) In general.--A renewal resolution--\n (i) may be introduced in either House of \n Congress by any member of such House at any \n time within the 90-day period before the \n expiration of the restrictions described in \n section 3(a); and\n (ii) the provisions of subparagraph (B) \n shall apply.\n (B) Expedited consideration.--The provisions of \n section 152 (b), (c), (d), (e), and (f) of the Trade \n Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and \n (f)) apply to a renewal resolution under this Act as if \n such resolution were a resolution described in section \n 152(a) of the Trade Act of 1974.\n\nSEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA.\n\n (a) Provisions Subject to Renewal.--The restrictions described in \nthis subsection that are subject to renewal as described in section 2 \nare as follows:\n (1) The prohibition or termination of assistance contained \n in section 620(a) of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2370(a)).\n (2) The authorities conferred upon the President by section \n 5(b) of the Trading with the enemy Act (50 U.S.C. App. 5(b)), \n which were being exercised with respect to Cuba on July 1, \n 1977, as a result of a national emergency declared by the \n President before that date, and are being exercised on the day \n before the date of enactment of this Act.\n (3) Any prohibition on exports to Cuba that is in effect on \n the day before the date of enactment of this Act under the \n Export Administration Act of 1979 (50 U.S.C. App. 2401 et \n seq.).\n (4) The sanctions contained in section 1704 and section \n 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and \n 6005).\n (5) The sanctions contained in the Cuban Liberty and \n Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et \n seq.).\n (6) The prohibitions relating to Cuba contained in sections \n 908, 909, and 910 of the Trade Sanctions Reform and Export \n Enhancement Act of 2000 (title IX of Public Law 106-387; 22 \n U.S.C. 7207, 7208, and 7209).\n (7) Subparagraph (A) of section 901(j)(2) of the Internal \n Revenue Code of 1986 (relating to denial of foreign tax credit, \n etc., with respect to certain foreign countries).\n (8) The prohibition relating to sugar imports established \n under section 902(c) of the Food Security Act of 1985 (7 U.S.C. \n 1446g note; Public Law 99-198).\n (9) The restrictions on common carriers, as defined in \n section 3(10) of the Communications Act of 1934 (47 U.S.C. \n 153(10)), related to Cuba, including restrictions regarding the \n installation, maintenance, repair, and upgrading of \n telecommunications equipment and facilities, and the provision \n of telecommunications services between the United States and \n Cuba.\n (b) Authority for New Restrictions.--The President may, on or after \nthe date of enactment of this Act--\n (1) impose export controls with respect to Cuba under \n section 5, 6(j), 6(l), or 6(m) of the Export Administration Act \n of 1979; and\n (2) exercise the authority of the President under the \n International Emergency Economic Powers Act (50 U.S.C. 1701 et \n seq.) with respect to Cuba pursuant to a declaration of \n national emergency required by that Act that is made on account \n of an unusual and extraordinary threat to the national \n security, foreign policy, or economy of the United States, that \n did not exist before the date of enactment of this Act.\n\nSEC. 4. TRAVEL.\n\n (a) In General.--Restrictions related to travel to and from Cuba by \nindividuals who are citizens or residents of the United States, and any \ntransactions ordinarily incident to such travel, that may be regulated \nor prohibited shall be subject to expiration, and renewal by joint \nresolution of the two Houses of Congress, as described in section 2.\n (b) Transactions Incident to Travel.--For purposes of subsection \n(a), the term ``any transactions ordinarily incident to travel'' \nincludes--\n (1) transactions ordinarily incident to travel or \n maintenance in Cuba; and\n (2) normal banking transactions involving foreign currency \n drafts, traveler's checks, or other negotiable instruments \n incident to such travel.\n\nSEC. 5. ANNUAL REMITTANCES.\n\n (a) In General.--Except as provided in subsection (b), any limit \nthe Secretary of the Treasury may place on the amount of remittances to \nCuba made by any person who is subject to the jurisdiction of the \nUnited States, shall be subject to expiration, and renewal by joint \nresolution of the two Houses of Congress, as described in section 2.\n (b) Statutory Construction.--Nothing in subsection (a) may be \nconstrued to prohibit the prosecution or conviction of any person \ncommitting an offense described in section 1956 of title 18, United \nStates Code (relating to the laundering of monetary instruments) or \nsection 1957 of such title (relating to engaging in monetary \ntransactions in property derived from specific unlawful activity).","summary":"Cuba Sanctions Reform Act of 2004 - Provides for the expiration of certain trade and travel restrictions with respect to Cuba unless such restrictions are renewed annually by a specified renewal resolution of the two Houses of Congress. Authorizes the President with respect to Cuba to: (1) impose certain export controls, and (2) exercise certain emergency economic powers.","title":"A bill to require congressional renewal of trade and travel restrictions with respect to Cuba.","text_len":6843,"sum_len":374} {"bill_id":"104_hr1620","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfield Cleanup and Redevelopment \nRevolving Loan Fund Pilot Project Act of 1996''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) Contaminated and underused or abandoned industrial \n sites in distressed communities are, economically, at a \n competitive disadvantage relative to greenfield sites, as \n capital for their cleanup and redevelopment may not be \n available.\n (2) Contaminated and underused and abandoned industrial \n properties located in distressed areas, owned by private, \n public, or nonprofit entities, often with significant economic \n development potential once cleaned up, are unable to secure \n initial financing for site remediation.\n (3) Considerable public benefits can accrue from such sites \n once cleaned up and brought back to productive reuse, \n especially those devoted to industrial purposes that employ \n environmentally sound practices.\n (4) Voluntary cleanup programs spur private sector cleanups \n when the property value is sufficient and its location \n favorable enough to make the additional costs of cleanup \n economically feasible, but this approach does not resolve the \n problems facing properties with little or no value, common \n among sites located in economically distressed areas.\n (5) Because of their experience in administering targeted \n loan assistance programs, States are in a good position to use \n Federal funds to capitalize revolving loan funds to support \n local cleanup and redevelopment projects.\n (b) Purpose.--The purpose of this Act is to establish a pilot \nproject to revitalize distressed communities by providing loans for \ncleanup of certain industrial properties that have the potential to \nattract private investment, foster clean manufacturing, and create jobs \nfor local residents.\n\nSEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER \n STATE VOLUNTARY CLEANUP PROGRAMS.\n\n (a) Establishment of Loan Program.--The Administrator of the \nEnvironmental Protection Agency (hereinafter in this Act referred to as \nthe ``Administrator'') shall establish a pilot project to provide a \ncapitalization loan to one or more States that submit applications to \nthe Administrator to establish or expand a State revolving loan fund \nfor purposes of providing loans for voluntary environmental cleanups of \neligible facilities.\n (b) Application for Loan.--An application for a capitalization loan \nunder this section shall be in such form as the Administrator considers \nappropriate. At a minimum, the application shall include each of the \nfollowing:\n (1) Evidence that the State is carrying out a voluntary \n cleanup program for eligible facilities. The Administrator \n shall ensure that the State voluntary program provides, at a \n minium, adequate opportunities for public participation, \n sufficient technical assistance, and oversight to ensure that \n cleanups comply with Federal and State laws, and certification \n to the owner and prospective purchaser that the cleanup is \n complete.\n (2) Evidence that the State will provide a matching share \n of at least 20 percent of the costs of such cleanup from either \n new or existing sources of State funding.\n (3) A description of the State's proposed revolving loan \n program and of the State's capability to manage the program. \n States may use interest income or loan repayments (in an amount \n equal to not more than 10 percent of their revolving loan fund \n amount) for program administrative purposes. At a minimum, the \n State's revolving loan program shall--\n (A) provide loans to both public and private \n parties conducting voluntary cleanups under the State's \n voluntary cleanup program\n who are unable to secure loans from private lending \ninstitutions or other means of financing;\n (B) require that borrowers demonstrate credit \n worthiness and the ability to carry out the cleanup; \n and\n (C) give priority to loans for the purpose of \n cleaning up--\n (i) facilities that are planned to be \n reused for industrial purposes that employ \n environmentally sound practices; and\n (ii) facilities that will generate jobs for \n contractors whose principal place of business \n is the political subdivision in which the \n facility is located or for laborers who reside \n in such political subdivisions.\n (4) A statement that the State will begin repayment of the \n loan within 5 years after receipt of the loan, and evidence of \n the State's ability to repay the loan.\n (5) A statement that a loan from the revolving loan fund \n will not be used to pay for any of the following:\n (A) New construction.\n (B) Environmental fines or penalties.\n (C) Speculative assessments or speculative \n rehabilitation at facilities with little or no \n potential for economic development.\n (6) Such other elements as the Administrator considers \n appropriate.\n (c) Amount of Loan.--The Administrator shall determine the \ndistribution of funds among the eligible States. The amount of a \ncapitalization loan made by the Administrator under this Act to a State \nmay not exceed 15 percent of the amount available each year to all the \neligible States.\n (d) Authorization.--There are authorized to be appropriated to the \nAdministrator for purposes of making capitalization loans to States \nunder the pilot project established by this section the sum of \n$5,000,000 for fiscal year 1996 and $7,500,000 for each of the fiscal \nyears 1997 and 1998.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act the term ``eligible facility'' means a \nfacility or property in a State that is determined by the State to have \nenvironmental contamination that--\n (1) could prevent the timely use, development, or reuse of \n the facility or property; and\n (2) is limited in scope and can be comprehensively and \n readily evaluated.\n Such term shall not include any of the following:\n (A) A facility that is eligible for abatement action under \n section 106 of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980.\n (B) A facility that, as of the date of the enactment of \n this Act, is subject to Federal enforcement action under the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9601 et seq.).\n (C) A facility included, or proposed for inclusion, on the \n National Priorities List or on the comprehensive environmental \n response, compensation, and liability inventory system \n (``CERCLIS'') that has been evaluated as high priority under \n the hazard ranking system.\n (D) A facility required to have a permit under section 3005 \n of the Solid Waste Disposal Act that does not have a permit \n under that section and does not qualify for authorization to \n operate in interim status under subsection (e) of that section.\n (E) A land disposal unit with respect to which a closure \n notification under subtitle C of the Solid Waste Disposal Act \n (42 U.S.C. 6921 et seq.) is submitted and closure requirements \n are specified in a closure plan or permit.\n (F) A facility subject to corrective action under section \n 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. \n 5924(u) or 6928(h)) that is evaluated as high priority under \n the Environmental Protection Agency's National Corrective \n Action Priority System as set forth in regulations under \n subtitle C of the Solid Waste Disposal Act.\n (G) A facility at which assistance for response activities \n may be obtained pursuant to subtitle I of the Solid Waste \n Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking \n Underground Storage Tank Trust Fund established under section \n 9508 of the Internal Revenue Code of 1986.\n (H) A facility owned or operated by a department, agency, \n or instrumentality of the United States.","summary":"Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project to provide capitalization loans to States to establish or expand revolving loan funds that provide loans for voluntary environmental cleanups of eligible facilities . Authorizes appropriations. Makes ineligible for such assistance facilities that are: (1) eligible for abatement actions, or subject to Federal enforcement action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (2) on or proposed for inclusion on the National Priorities List or evaluated as high priority under the hazard ranking system. (3) subject to certain actions, or unqualified to conduct certain hazardous waste disposal activities, under the Solid Waste Disposal Act, or (4) owned or operated by the United States.","title":"Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996","text_len":8915,"sum_len":911} {"bill_id":"109_hr522","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Atchafalaya National Heritage Area \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Atchafalaya Basin area of Louisiana, designated by \n the Louisiana Legislature as the ``Atchafalaya Trace State \n Heritage Area'' and consisting of the area described in section \n 5(b), is an area in which natural, scenic, cultural, and \n historic resources form a cohesive and nationally distinctive \n landscape arising from patterns of human activity shaped by \n geography.\n (2) The significance of the area is enhanced by the \n continued use of the area by people whose traditions have \n helped shape the landscape.\n (3) There is a national interest in conserving, restoring, \n promoting, and interpreting the benefits of the area for the \n residents of, and visitors to, the area.\n (4) The area represents an assemblage of rich and varied \n resources forming a unique aspect of the heritage of the United \n States.\n (5) The area reflects a complex mixture of people and their \n origins, traditions, customs, beliefs, and folkways of interest \n to the public.\n (6) The land and water of the area offer outstanding \n recreational opportunities, educational experiences, and \n potential for interpretation and scientific research.\n (7) Local governments of the area support the establishment \n of a national heritage area.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to conserve, restore, promote, and interpret the \n significant resource values and functions of the Atchafalaya \n Basin area and advance sustainable economic development of the \n area;\n (2) to foster a close working relationship with all levels \n of government, the private sector, and the local communities in \n the area so as to enable those communities to conserve their \n heritage while continuing to pursue economic opportunities; and\n (3) to establish, in partnership with the State, local \n communities, preservation organizations, private corporations, \n and landowners in the Heritage Area, the Atchafalaya Trace \n State Heritage Area, as eligible parishes designated by the \n Louisiana Legislature, as the Atchafalaya National Heritage \n Area.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Atchafalaya National Heritage Area established by section 5(a).\n (2) Local coordinating entity.--The term ``local \n coordinating entity'' means the local coordinating entity for \n the Heritage Area designated by section 5(c).\n (3) Management plan.--The term ``management plan'' means \n the management plan for the Heritage Area developed under \n section 7.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means the State of \n Louisiana.\n\nSEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established in the State the \nAtchafalaya National Heritage Area.\n (b) Boundaries.--The Heritage Area shall consist of parishes that \nare consistent with the tradition, purposes, goals, and culture of the \nHeritage Area as determined by the Secretary in consultation with the \nState. The Secretary shall give priority consideration to those \nparishes in Atchafalaya State Heritage Area.\n (c) Local Coordinating Entity.--\n (1) In general.--The Atchafalaya Trace Commission shall be \n the local coordinating entity for the Heritage Area.\n (2) Composition.--The local coordinating entity shall be \n composed of 1 member appointed by the governing authority of \n each parish within the Heritage Area.\n\nSEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.\n\n (a) Authorities.--For the purposes of developing and implementing \nthe management plan approved by the Secretary, the local coordinating \nentity may--\n (1) make grants to, and enter into cooperative agreements \n with, the State, units of local government, and private \n organizations;\n (2) hire and compensate staff; and\n (3) enter into contracts for goods and services.\n (b) Duties.--The local coordinating entity shall--\n (1) submit to the Secretary for approval a management plan;\n (2) implement the management plan, including providing \n assistance to units of government and others in--\n (A) carrying out programs that recognize important \n resource values within the Heritage Area;\n (B) encouraging sustainable economic development \n within the Heritage Area;\n (C) establishing and maintaining interpretive sites \n within the Heritage Area; and\n (D) increasing public awareness and appreciation \n for the natural, historic, and cultural resources of \n the Heritage Area;\n (3) adopt bylaws governing the conduct of the local \n coordinating entity; and\n (4) for any year for which Federal funds are received under \n this Act, submit to the Secretary a report that describes, for \n the year--\n (A) the accomplishments of the local coordinating \n entity; and\n (B) the expenses and income of the local \n coordinating entity.\n (c) Acquisition of Real Property.--No Federal funds authorized \nunder this Act may be used to acquire real property or any interest in \nreal property.\n (d) Public Meetings.--The local coordinating entity shall conduct \npublic meetings at least quarterly.\n\nSEC. 7. MANAGEMENT PLAN.\n\n (a) In General.--The local coordinating entity shall develop a \nmanagement plan for the Heritage Area that incorporates an integrated \nand cooperative approach to conserve, interpret, and enhance the \nnatural, scenic, cultural, historic, and recreational resources of the \nHeritage Area consistent with local, State and Federal land use laws \nand compatible with the economic viability of the Heritage Area.\n (b) Consideration of Other Plans and Actions.--In developing the \nmanagement plan, the local coordinating entity shall--\n (1) take into consideration Federal, State, and local plans \n land use, laws, and plans; and\n (2) invite the participation of residents, public agencies, \n and private organizations in the Heritage Area.\n (c) Contents.--The management plan shall include--\n (1) an inventory of the resources in the Heritage Area, \n including--\n (A) a list of property in the Heritage Area that--\n (i) relates to the purposes of the Heritage \n Area; and\n (ii) should be preserved, restored, \n managed, or maintained because of the \n significance of the property; and\n (B) an assessment of cultural landscapes within the \n Heritage Area;\n (2) provisions for the conservation, interpretation, and \n enjoyment of the resources of the Heritage Area identified in \n the management plan and found by the Secretary to be consistent \n with this Act and consistent with economic viability of the \n Heritage Area;\n (3) an interpretation plan for the Heritage Area; and\n (4) a program for implementation of the management plan \n that includes--\n (A) actions that may be carried out by units of \n government, private organizations, and public-private \n partnerships to protect the resources of the Heritage \n Area; and\n (B) the identification of existing and potential \n sources of funding for implementing the plan.\n (d) Submission to Secretary for Approval.--\n (1) In general.--Not later than 3 years after the date of \n the enactment of this Act, the local coordinating entity shall \n submit the management plan to the Secretary for approval.\n (2) Effect of failure to submit.--If a management plan is \n not submitted to the Secretary by the date specified in \n paragraph (1), the Secretary shall not provide any additional \n funding under this Act until a management plan for the Heritage \n Area is submitted to the Secretary.\n (e) Approval.--\n (1) In general.--Not later than 90 days after receiving the \n management plan submitted under subsection (d)(1), the \n Secretary, in consultation with the State, shall approve or \n disapprove the management plan.\n (2) Action following disapproval.--\n (A) In general.--If the Secretary disapproves a \n management plan under paragraph (1), the Secretary \n shall--\n (i) advise the local coordinating entity in \n writing of the reasons for the disapproval;\n (ii) make recommendations for revisions to \n the management plan; and\n (iii) allow the local coordinating entity \n to submit to the Secretary revisions to the \n management plan.\n (B) Deadline for approval of revision.--Not later \n than 90 days after the date on which a revision is \n submitted under subparagraph (A)(iii), the Secretary \n shall approve or disapprove the revision.\n (f) Revision.--\n (1) In general.--After approval by the Secretary of a \n management plan, the local coordinating entity shall \n periodically--\n (A) review the management plan; and\n (B) submit to the Secretary, for review and \n approval by the Secretary, the recommendations of the \n local coordinating entity for any revisions to the \n management plan that the local coordinating entity \n considers to be appropriate.\n (2) Expenditure of funds.--Funds made available under this \n Act shall be used only to implement the approved management \n plan.\n\nSEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.\n\n (a) Notification and Consent of Property Owners Required.--No \nprivately owned property shall be preserved, conserved, or promoted by \nthe management plan for the Heritage Area until the owner of that \nprivate property has been notified in writing by the management entity \nand has given written consent to the management entity for such \npreservation, conservation, or promotion.\n (b) Landowner Withdraw.--Any owner of private property included \nwithin the boundary of the Heritage Area shall have that private \nproperty immediately removed from the boundary by submitting a written \nrequest to the management entity.\n\nSEC. 9. PRIVATE PROPERTY PROTECTION.\n\n (a) Access to Private Property.--Nothing in this Act shall be \nconstrued to--\n (1) require any private property owner to allow public \n access (including Federal, State, or local government access) \n to such private property; or\n (2) modify any provision of Federal, State, or local law \n with regard to public access to or use of private property.\n (b) Liability.--Designation of the Heritage Area shall not be \nconsidered to create any liability, or to have any effect on any \nliability under any other law, of any private property owner with \nrespect to any persons injured on that private property.\n (c) Participation of Private Property Owners in Heritage Area.--\nNothing in this Act shall be construed to require the owner of any \nprivate property located within the boundaries of the Heritage Area to \nparticipate in or be associated with the Heritage Area.\n\nSEC. 10. EFFECT OF ACT.\n\n Nothing in this Act--\n (1) grants any Federal agency regulatory authority over any \n interest in the Heritage Area, unless cooperatively agreed to \n by all involved parties;\n (2) modifies, enlarges, or diminishes any authority of the \n Federal, or State, or local government to regulate any use of \n land as provided for by law (including regulations) in \n existence on the date of the enactment of this Act;\n (3) grants any power of zoning or land use to the local \n coordinating entity;\n (4) imposes any environmental, occupational, safety, or \n other rule, standard, or permitting process that is different \n from those in effect on the date of enactment of this Act that \n would be applicable had the Heritage Area not been established;\n (5) imposes any change in Federal environmental quality \n standards;\n (6) abridges, restricts, or alters any applicable rule, \n standard, or review procedure for permitting of facilities \n within or adjacent to the Heritage Area; or\n (7) affects the continuing use and operation, where located \n on the date of enactment of this Act, of any public or private \n facility, including any public utility or common carrier.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$10,000,000, of which not more than $1,000,000 shall be made available \nfor any fiscal year.","summary":"Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area. Prohibits the use of Federal funds authorized under this Act to acquire real property. Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area. Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.","title":"To establish the Atchafalaya National Heritage Area, Louisiana, and for other purposes.","text_len":13965,"sum_len":635} {"bill_id":"108_hr266","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Invasive Species Council \nAct''.\n\nSEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.\n\n (a) In General.--No Federal agency may authorize, fund, or carry \nout any action that would likely cause or promote the introduction or \nspread of an invasive species in the United States or any other \nlocation, unless the head of the Federal agency, at his or her sole \ndiscretion and pursuant to guidelines developed under subsection (b), \ndetermines that--\n (1) the benefits of the action under consideration clearly \n outweigh the potential harm to the environment, economy, or \n human health caused by the introduction or spread of the \n invasive species; and\n (2) all feasible and prudent measures to minimize risk of \n harm to the environment, economy, or human health will be taken \n in carrying out the actions.\n (b) Guidelines.--The Council for Environmental Quality, in \nconjunction with the Invasive Species Council, shall develop guidelines \nfor Federal agencies to analyze actions pursuant to this section.\n\nSEC. 3. NATIONAL INVASIVE SPECIES COUNCIL.\n\n (a) Establishment.--There is established as an independent entity \nwithin the executive branch the National Invasive Species Council. The \nCouncil shall provide leadership and coordination among Federal \nagencies, and between the Federal Government and State and local \ngovernments, with respect to effort to minimize the economic, \necological, and human health impacts that invasive species cause and \nreduce the threat of further invasions.\n (b) Membership.--\n (1) In general.--The Council shall consist of the following \n members:\n (A) The Secretary of the Interior.\n (B) The Secretary of Agriculture.\n (C) The Secretary of Commerce.\n (D) The Secretary of State.\n (E) The Secretary of the Treasury.\n (F) The Secretary of Defense.\n (G) The Secretary of Transportation.\n (H) The Secretary of Health and Human Services.\n (I) The Administrator of the Environmental \n Protection Agency.\n (J) The Administrator of the United States Agency \n for International Development.\n (K) Such additional members as may be appointed \n under paragraph (2).\n (2) Additional members.--With the concurrence of a majority \n of the members of the Council, the Chair of the Council may \n appoint additional members to the Council from among \n individuals who are officers or employees of the Federal \n Government with significant responsibilities concerning \n invasive species.\n (c) Chair.--The Secretary of the Interior shall serve as chair of \nthe Council for the three-year period beginning on the date of the \nenactment of this Act. Thereafter, the chair shall rotate every three \nyears among the following members, in the order stated:\n (1) The Secretary of Agriculture.\n (2) The Secretary of Commerce.\n (3) The Secretary of the Interior.\n (d) Meetings.--The Council shall meet at least semiannually, at the \ncall of chair.\n (e) Executive Director.--\n (1) Appointment.--The President shall appoint the Executive \n Director of the Council, by and with the advice and consent of \n the Senate.\n (2) Consultation.--Before appointing an individual under \n paragraph (1), the President shall consult with the Secretary \n of the Interior, the Secretary of Agriculture, and the \n Secretary of Commerce.\n (3) Qualifications.--An individual appointed under this \n subsection must have legal or scientific experience and \n training in the area of natural resources, ecology, or \n agriculture, and experience in dealing with public policy \n matters regarding aquatic and terrestrial invasive species.\n (4) Term.--The Executive Director of the Council shall \n serve a term of six years, unless removed earlier by the \n President.\n (5) Compensation.--The Executive Director shall be paid at \n the maximum rate of basic pay for GS-15 of the General \n Schedule.\n\nSEC. 4. DUTIES.\n\n (a) In General.--The Council shall ensure that Federal agency \nefforts concerning invasive species are coordinated, effective, \ncomplementary, and cost-efficient.\n (b) Specific Functions.--To carry out subsection (a) the Council \nshall perform the following functions:\n (1) Coordinate with existing organizations addressing \n invasive species, such as the Aquatic Nuisance Species Task \n Force, the Federal Interagency Committee for the Management of \n Noxious and Exotic Weeds, regional panels established under the \n Nonindigenous Aquatic Nuisance Prevention and Control Act of \n 1990 (16 U.S.C. 4701 et seq.), and the White House Office of \n Science and Technology Policy, to implement the National \n Management Plan.\n (2) Develop recommendations for international cooperation \n between Federal and State Governments and other nations on \n tools, policies, and methods to prevent the introduction and \n export of invasive species into and from, respectively, the \n United States.\n (3) Develop guidelines for Federal agency efforts to ensure \n that Federal programs concerning invasive species, including \n outreach programs, are coordinated with State, local, and \n tribal governments.\n (4) Develop, in consultation with the Council on \n Environmental Quality, guidance to Federal agencies pursuant to \n the National Environmental Policy Act of 1969 (42 U.S.C. 4321 \n et seq.) on prevention, control, and eradication of invasive \n species.\n (5) Establish and maintain a publicly accessible, \n coordinated, up-to-date information sharing system that--\n (A) allows the access to and exchange of \n information among Federal agencies and the public; and\n (B) utilizes, to the greatest extent practicable, \n the Internet.\n (6) Ensure that Federal agencies implement the plans, \n programs, and policies adopted by the Council in the National \n Management Plan through appropriate actions, including working \n in cooperation with Federal agencies on development of budgets \n pursuant to the President's annual budget submission to the \n Congress.\n (7) Evaluate Federal programs that are likely to cause or \n promote the introduction or spread of invasive species in the \n United States, and recommend actions Federal agencies can take \n to minimize the risk of introductions or further spread of \n invasive species.\n (8) Develop and submit to the appropriate Committees of the \n House of Representatives and Senate and the Director of the \n Office of Management and Budget an annual list of priorities, \n ranked in high, medium, and low categories, of Federal efforts \n and programs in the following areas:\n (A) Prevention.\n (B) Eradication.\n (C) Control.\n (D) Monitoring.\n (E) Research.\n (F) Outreach.\n\nSEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.\n\n (a) Development.--\n (1) In general.--The Council shall develop a National \n Invasive Species Management Plan that details and recommends \n performance-oriented goals and specific measures of success for \n carrying out each of the Federal agency activities related to \n invasive species.\n (2) Development process.--The National Management Plan \n shall be developed through a public process and in consultation \n with Federal agencies, appropriate State and local entities, \n and other appropriate stakeholders.\n (3) Contents.--The National Management Plan shall include \n recommendations of effective, cost-efficient, environmentally \n sound, and science-based approaches for the following:\n (A) Prevention of the introduction of invasive \n species, including approaches for identifying pathways \n by which invasive species are introduced and for \n minimizing the risk of introductions via those \n pathways. Recommended approaches under this \n subparagraph shall provide for--\n (i) a process to evaluate risks associated \n with the introduction and spread of invasive \n species; and\n (ii) a coordinated and systematic risk-\n based process to identify, monitor, and \n interdict pathways that may be involved in the \n introduction of invasive species.\n (B) Cooperating with other nations to increase \n their capacity to control their invasive species and to \n prevent the spread of invasive species across \n international borders.\n (C) Rapidly detecting and responding to incipient \n invasions of invasive species.\n (D) Managing new and established populations of \n invasive species by eradicating them or controlling \n their spread.\n (E) Accurately and reliably monitoring new and \n established populations of invasive species.\n (F) Restoring native species and habitat conditions \n in ecosystems that have been invaded by invasive \n species.\n (G) Evaluating and documenting the impacts of \n invasive species on the economy, the environment, and \n human health.\n (H) Conducting research on the matters referred to \n in subparagraphs (A) through (F).\n (I) Developing technologies to prevent the \n introduction and provide for the management of invasive \n species.\n (J) Promoting public education on invasive species \n and the means to address them.\n (4) Identification of needed personnel, etc.--The National \n Management Plan shall identify the personnel, other resources, \n and additional levels of coordination needed to achieve the \n goals included in the plan.\n (b) Existing Plan.--The Management Plan of the National Invasive \nSpecies Council adopted in 2001 shall be treated as the National \nManagement Plan required under subsection (a) until the date of the \nissuance of the National Management plan in accordance with subsection \n(c).\n (c) Issuance and Update of National Management Plan.--The Council \nshall--\n (1) issue the National Management Plan required under \n subsection (a) by not later than December 31, 2003;\n (2) update the National Management Plan by not later than \n December 31 biennially; and\n (3) concurrently with the process of updating the National \n Management Plan, evaluate and report to the Congress on success \n in achieving the goals set forth in the National Management \n Plan.\n (d) Agency Reports.--Within 18 months after the date of the \nissuance of any edition of the National Management Plan that recommends \naction by a Federal agency, the head of such agency shall report to the \nCongress any of such actions that the agency has not taken, with an \nexplanation of why the action is not feasible.\n\nSEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE.\n\n (a) In General.--The Council shall have an advisory committee to \nprovide information and advice for consideration by the Council, which \nshall be known as the Invasive Species Advisory Committee. Except as \notherwise provided in this section, the advisory committee shall be \norganized, perform the functions, and have the authorities specified in \nthe charter for such advisory committee signed by the Secretary of the \nInterior on October 30, 2001.\n (b) Appointment.--Members of the advisory committee shall be \nappointed by the chair of the Council, after consultation with the \nother members of the Council, from among individuals representing \nstakeholders with respect to Federal programs for minimizing the \neconomic, ecological, and human health impacts that invasive species \ncause.\n (c) Functions.--In addition to the functions specified in the \ncharter referred to in subsection (a), the advisory committee shall \nrecommend to the Council plans and actions at local, tribal, State, \nregional, and ecosystem-based levels to achieve the goals of the \nNational Management Plan required under section 5.\n (d) Continuing Operation of Existing Committee.--Any advisory \ncommittee appointed before the date of the enactment of this Act \npursuant to the charter referred to in subsection (a) may continue in \neffect under this section.\n\nSEC. 7. BUDGET CROSSCUT.\n\n The Director of the Office of Management and Budget shall prepare \nand submit to the Congress and the Council, by not later than March 31 \nof 2003 and of each year thereafter, a budget analysis and summary of \nall Federal programs relating to invasive species\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Council.--The term ``Council'' means the National \n Invasive Species Council established by section 3(a).\n (2) Invasive species.--The term ``invasive species'' means \n a species--\n (A) that is nonnative to the ecosystem under \n consideration; and\n (B) the introduction of which causes or may cause \n harm to the economy, the environment, or human health.\n (3) National management plan.--The term ``National \n Management Plan'' means the National Invasive Species \n Management Plan developed by the Council under section 5(a).\n (4) Species.--The term ``species'' means a category of \n taxonomic classification ranking below a genus or subgenus and \n consisting of related organisms capable of interbreeding.\n\nSEC. 9. EXISTING EXECUTIVE ORDER.\n\n Executive Order 13112, dated February 3, 1999, shall have no force \nor effect.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$2,000,000 for each of fiscal years 2004 through 2006.","summary":"National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health. And (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures. Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient. Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals. Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council. Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species.","title":"To establish the National Invasive Species Council, and for other purposes.","text_len":14989,"sum_len":1290} {"bill_id":"106_hr2946","text":"PILOT PROGRAM.\n\n (a) Amendment to Chapter 12 of Title 5.--Chapter 12 of title 5, \nUnited States Code, is amended by adding immediately after section 1206 \nthe following:\n``Sec. 1207. Establishment of alternative dispute resolution program\n ``(a) In General.--\n ``(1) The Merit Systems Protection Board is authorized to \n establish a 3-year program to provide employees and agencies \n with alternative dispute resolution processes to apply to \n workplace disputes and disagreements involving removals, \n suspensions for more than 14 days, and other adverse actions \n under section 7512.\n ``(2) The Board shall test and evaluate a variety of \n alternative dispute resolution techniques, which may include--\n ``(A) settlement judges or attorneys;\n ``(B) mediation through use of shared neutrals;\n ``(C) mediation by Merit Systems Protection Board \n staff or others as appointed by the Chairman;\n ``(D) administrative arbitration; and\n ``(E) certified alternative dispute resolution \n counselors (agency personnel specifically trained in \n Board law and alternative dispute resolution \n techniques).\n ``(b) Early Intervention Alternative Dispute Resolution.--\n ``(1) Invoking resolution process.--The Board's early \n intervention alternative dispute resolution process may be \n invoked after an agency has issued a notice letter of a \n proposed action to an employee but before a final decision has \n been made under section 7513.\n ``(2) Early intervention.--Any agency or employee may seek \n early intervention alternative dispute resolution from the \n Board by filing a request with the Board. If the Board \n determines that alternative dispute resolution is appropriate, \n the parties shall participate.\n ``(3) Mandatory resolution.--The Chairman of the Merit \n Systems Protection Board is authorized to designate up to 3 \n agencies with a substantial volume of Board appeals for \n participation in a mandatory early intervention alternative \n dispute resolution program. Under this alternative dispute \n resolution process, all matters appealable under section 7512 \n shall be subject to early intervention alternative dispute \n resolution unless the Board determines that the matter is not \n appropriate for the program or a statute or collective \n bargaining agreement precludes inclusion of the matter in the \n alternative dispute resolution program.\n ``(c) Alternative Dispute Resolution After an Appeal or Petition \nfor Review Is Filed.--\n ``(1) Appeal or petition for review.--Once an appeal or \n petition for review is filed with the Board, any employee or \n agency may request that a case be selected for alternative \n dispute resolution. The request shall be filed with the \n administrative judge assigned to the appeal or with the Clerk \n of the Board if the matter is before the Board on petition for \n review at the same time that the appeal or petition for review \n is filed.\n ``(2) Selection of cases.--The Board shall have sole \n authority to select cases for alternative dispute resolution \n after an appeal or petition for review is filed. The Board may \n also select cases for alternative dispute resolution as it \n determines appropriate.\n ``(d) Implementation.--\n ``(1) Program duties.--In carrying out the program under \n this section, the Board shall--\n ``(A) develop and prescribe standards for selecting \n and handling cases in which alternative dispute \n resolution is to be used;\n ``(B) take such actions as may be necessary, \n including waiver of all statutory, regulatory, or Board \n imposed adjudicatory time frames; and\n ``(C) establish a time target within which it \n intends to complete the alternative dispute resolution \n process.\n ``(2) Extension.--A party may request an extension of the \n alternative dispute resolution period, or the Board may extend \n the time period as it finds appropriate.\n ``(3) Recruitment.--The Chairman of the Merit Systems \n Protection Board may recruit and hire temporary staff or \n contractors to carry out this section.\n ``(4) Regulations.--The Board is authorized to prescribe \n such regulations as may be necessary to implement the \n alternative dispute resolution program.\n ``(e) Evaluation.--\n ``(1) Criteria.--The Board's Office of Policy and \n Evaluation shall establish criteria for evaluating the \n alternative dispute resolution program and prepare a report \n containing findings and recommendations as to whether mandatory \n alternative dispute resolution is desirable, effective, and \n appropriate for cases decided by Federal administrative \n agencies under proceedings governed by chapters 5 and 7.\n ``(2) Report content.--The report shall include--\n ``(A) the number of cases subject to the \n alternative dispute resolution program, the agencies \n involved, the results, and the resources expended;\n ``(B) a comprehensive analysis of the effectiveness \n of the program, including whether it is cost-effective;\n ``(C) a survey of the satisfaction of participants; \n and\n ``(D) a recommendation regarding the desirability \n of extending the alternative dispute resolution program \n beyond the prescribed expiration date and any \n recommended changes.\n ``(3) Report date.--The report shall be submitted to the \n President and the Congress 180 days following the close of the \n alternative dispute resolution program.''.\n (b) Appropriations.--\n (1) In general.--For the purpose of carrying out the \n alternative dispute resolution program established by the \n amendment made by subsection (a), there are authorized to be \n appropriated the following sums: $1,000,000 for fiscal year \n 2000; $1,000,000 adjusted by the most recent percentage change \n in the employment cost index (ECI) for fiscal year 2001; and \n $1,000,000 adjusted by the most recent percentage change in the \n ECI for fiscal year 2002.\n (2) No reductions.--The authorization of appropriations by \n paragraph (1) shall not have the effect of reducing any funds \n appropriated for the Board for the purpose of carrying out its \n statutory mission under section 1204.\n (c) Effective Date.--The amendment made by subsection (a) shall \ntake effect no later than the close of the 60th day after the date of \nenactment of appropriations authorized by subsection (b)(1) for fiscal \nyear 2000 and shall remain in effect for 3 years from the effective \ndate.\n (d) Conforming Amendment.--The table of sections for subchapter I \nof chapter 12 of title 5, United States Code, is amended by adding \nafter the item relating to section 1206 the following new item:\n\n``1207. Establishment of alternative dispute resolution program.''.\n\nSEC. 3. POLICY AND FINDINGS.\n\n (a) Policy.--Chapter 53 of title 5, United States Code, is amended \nto establish an MSPB Administrative Judge Pay Schedule and to provide \nMSPB administrative judges with pay that is comparable to that of \nimmigration judges (IJs) and administrative law judges (ALJs).\n (b) Findings.--The Congress finds that--\n (1) MSPB administrative judges perform work at the same \n level of importance and complexity as immigration judges and \n administrative law judges. Federal employees deserve to have \n their cases heard by judges with the same pay and status as the \n judges who hear private sector benefits and employment law \n cases. Veterans in the Federal workforce deserve to have their \n cases heard by judges with the same pay and status as the \n judges who hear cases involving illegal aliens.\n (2) MSPB administrative judges are leaving the Board for \n positions with other adjudicatory agencies. During the past 4 \n years, the Board has lost 20 percent of its most experienced \n judges to other adjudicatory agencies. MSPB administrative \n judges should not have to leave the agency to achieve the pay \n and status they deserve when they are adjudicating cases with \n the same importance and complexity as cases heard by IJs and \n ALJs.\n\nSEC. 4. MERIT SYSTEMS PROTECTION BOARD ADMINISTRATIVE JUDGES AND \n COMPENSATION.\n\n (a) Amendment to Chapter 53 of Title 5.--Chapter 53 of title 5, \nUnited States Code, is amended by adding immediately after section \n5372a the following:\n``Sec. 5372b. Merit Systems Protection Board administrative judges\n ``(a) Definitions.--For the purposes of this section--\n ``(1) the term `administrative judge (AJ)' means an \n employee of the Merit Systems Protection Board appointed to an \n administrative judge position and paid under the MSPB \n Administrative Judge Schedule established by subsection (b); \n and\n ``(2) the term `administrative judge (GS)' means an \n employee of the Merit Systems Protection Board appointed to an \n administrative judge position and paid under the General \n Schedule described in section 5332 of this title.\n ``(b) In General.--There is established the MSPB Administrative \nJudge Pay Schedule which shall have 4 levels of pay, designated as AJ-\n1, -2, -3, and -4. Each administrative judge (AJ) shall be paid at one \nof those levels in accordance with subsection (c).\n ``(c) Rates of Pay.--\n ``(1) Basic pay.--The rates of basic pay for the levels of \n the MSPB Administrative Judge Pay Schedule established by the \n subsection (b) shall be as follows:\n ``(A) AJ-1: 70 percent of the next to highest rate \n of basic pay for the Senior Executive Service.\n ``(B) AJ-2: 80 percent of the next to highest rate \n of basic pay for the Senior Executive Service.\n ``(C) AJ-3: 90 percent of the next to highest rate \n of basic pay for the Senior Executive Service.\n ``(D) AJ-4: 92 percent of the next to highest rate \n of basic pay for the Senior Executive Service.\n ``(2) Locality pay.--Locality pay as provided by section \n 5304 shall be applied to the basic pay for administrative \n judges (AJ) paid under the MSPB Administrative Judge Pay \n Schedule.\n ``(d) Appointment and Advancement.--\n ``(1) Initial appointment.--Except as provided in paragraph \n (3), initial appointment of an administrative judge (AJ) shall \n be at the AJ-1 pay level. Subject to subsection (d)(2), an \n administrative judge (AJ) shall be advanced to AJ-2 upon \n completion of 104 weeks of service, to AJ-3 upon completion of \n 104 weeks of service at the next lower level, and to AJ-4 upon \n completion of 52 weeks of service at the next lower level.\n ``(2) Advancement.--Advancement to the AJ-2, -3, and -4 \n levels as provided by paragraph (1) shall not be effected if \n the Chairman of the Merit Systems Protection Board determines \n that the work of an administrative judge (AJ) at the next lower \n level is not of an acceptable level of competence. An \n administrative judge (AJ) may appeal an adverse acceptable \n level of competence determination to the Merit Systems \n Protection Board under the same conditions by which an \n administrative judge (GS) may appeal the denial of a periodic \n step increase in pay under section 5335(c).\n ``(3) Exception.--Notwithstanding paragraph (1), the \n Chairman of the Merit Systems Protection Board may provide for \n initial appointment of an administrative judge (AJ) at a level \n higher than AJ-1 under such circumstances as the Chairman may \n determine appropriate.\n ``(4) Conversion.--An administrative judge (GS), who \n occupies a level below grade 15 of the General Schedule, may, \n when entitled by tenure and performance to be advanced to grade \n 15 of the General Schedule, be converted to the MSPB \n Administrative Judge Pay Schedule and appointed at the AJ-1 \n level.''.\n (b) Transition Provisions.--\n (1) Conversion to mspb administrative judge pay schedule.--\n Subject to paragraphs (2) and (3), an administrative judge (GS) \n who is serving as of the effective date of this section and who \n occupies the grade 15 level of the General Schedule shall be \n converted to the MSPB Administrative Judge Pay Schedule and \n appointed as an administrative judge (AJ). Each administrative \n judge (AJ) so converted shall be placed in the appropriate pay \n level prescribed under section 5372(c) of title 5, United \n States Code, as added by subsection (a), based on the amount of \n time the administrative judge (AJ) has served as an \n administrative judge (GS).\n (2) Limitation on conversion.--Conversion of an \n administrative judge (GS) to administrative judge (AJ) under \nparagraph (1) shall not be effected if the Chairman of the Merit \nSystems Protection Board determines that the work of an administrative \njudge (GS) at the grade 15 level of the General Schedule is not of an \nacceptable level of competence. An administrative judge (AJ) may appeal \nan adverse acceptable level of competence determination to the Merit \nSystems Protection Board under the same conditions by which an \nadministrative judge (GS) may appeal the denial of a periodic step \nincrease in pay under section 5335(c).\n (3) Limitation on pay increases.--Notwithstanding the rates \n of basic pay prescribed under section 5372(c) of title 5, \n United States Code, as added by subsection (a), the Chairman of \n the Merit Systems Protection Board may, on the effective date \n of this section and each year for a period of 7 years \n thereafter, limit the pay increase for each administrative \n judge (AJ) to an adjustment equal to--\n (A) the percentage pay adjustment received by \n members of the Senior Executive Service under section \n 5382(c) of this title, if any;\n (B) locality pay under section 5304; and\n (C) an additional $3,000.\n The Senior Executive Service percentage pay adjustment, if any, \n shall be included in basic pay. Annual adjustments in pay after \n the effective date of this section will be made on the first \n day of the first pay period of each calendar year. The \n limitation on pay increases under this subsection may continue \n during the time period prescribed by this subsection until such \n time as the pay of each administrative judge (AJ) reaches the \n appropriate rate of basic pay under section 5372b(c) of title \n 5, United States Code, as added by subsection (a). The Chairman \n may waive any limitation on pay under this subsection in the \n case of an administrative judge (AJ) serving as a chief \n administrative judge.\n (4) Pay in relation to grade 15 of the general schedule.--\n In no case shall an administrative judge (AJ) who is converted \n in accordance with paragraph (1), or whose pay increase in any \n year is limited under paragraph (3), be paid after the \n effective date of this section at a rate that is less than the \n adminstrative judge's (AJ) rate of pay would have been had the \n administrative judge (AJ) remained as an administrative judge \n (GS) occupying the grade 15 level of the General Schedule.\n (5) Definitions.--For purposes of this subsection--\n (A) the term ``administrative judge (AJ)'' means an \n employee of the Merit Systems Protection Board \n appointed to an administrative judge position and paid \n under the MSPB Administrative Judge schedule \n established by the amendment made by subsection (a); \n and\n (B) the term ``administrative judge (GS)'' means an \n employee of the Merit Systems Protection Board \n appointed to an administrative judge position and paid \n under the General Schedule described in section 5332 of \n this title.\n (c) Appropriations.--\n (1) In general.--There are authorized to be appropriated \n such sums as are necessary for the purpose of carrying out this \n section.\n (2) No reduction.--The authorization of appropriations by \n paragraph (1) shall not have the effect of reducing any funds \n appropriated for the Board for the purpose of carrying out its \n statutory mission under section 1204 of title 5, United States \n Code.\n (d) Effective Date.--This section shall take effect on the first \nday of the first pay period of the calendar year immediately following \nthe date of enactment of appropriations authorized by subsection \n(c)(1).\n (e) Conforming Amendment.--The table of sections for subchapter VII \nof chapter 53 of title 5, United States Code, is amended by adding \nafter the item relating to section 5372a the following new item:\n\n``5372b. Merit Systems Protection Board administrative judges.''.","summary":"Amends Federal civil service law to authorize the Merit Systems Protection Board (MSPB) to establish a three-year program to provide Federal employees and agencies with alternative dispute resolution (ADR) processes to apply to workplace disputes and disagreements involving removals, suspensions for more than 14 days, and other adverse actions under Federal civil service law. Directs the MSPB to test and evaluate a variety of ADR techniques. Authorizes the MSPB to implement its early intervention ADR, allowing any agency or employee to request such early intervention, and authorizing the MSPB Chairman to designate up to three agencies with a substantial number of MSPB appeals for participation in a mandatory early intervention ADR program. Allows any employee or agency to request ADR once an appeal or petition for review of a case is filed with the MSPB. Outlines MSPB procedures for such cases. Direct the MSPB's Office of Policy and Evaluation to establish criteria for evaluating the ADR program and to prepare a report as to whether mandatory ADR is desirable, effective, and appropriate for cases decided by Federal administrative agencies. Authorizes appropriations for the ADR program. Establishes the MSPB Administrative Judge Pay Schedule, with pay levels comparable to that of immigration judges and administrative law judges. Provides, with respect to such Schedule, for initial appointment and advancement, and transition provisions for current judges. Authorizes appropriations to carry out such Schedule.","title":"To amend title 5, United States Code, to authorize the Merit Systems Protection Board to conduct an alternative dispute resolution pilot program to assist Federal Government agencies in resolving serious workplace disputes, and to establish an administrative judge pay schedule for administrative judges employed by the Merit Systems Protection Board.","text_len":18349,"sum_len":1530} {"bill_id":"115_hr4533","text":"SECTION 1. FINDINGS.\n Congress finds the following:\n (1)(A) Private First Class Franklin Runyon Sousley was born on \n September 19, 1925, in Hilltop, Kentucky. Sousley served as a \n marine in the United States Marine Corps during the period \n beginning on January 5, 1944, and ending March 21, 1945. Sousley \n graduated from Fleming County High School in May 1943 and chose to \n enlist in the United States Marine Corps. Upon completion of \n military basic training, he was assigned to Company E, 2d \n Battalion, 28th Marines, of the 5th Marines Division at Camp \n Pendleton, California, as an automatic rifleman.\n (B) Private Sousley was promoted to a private first class on \n November 22, 1944. Pfc. Sousley landed on Iwo Jima on Friday, \n February 19, 1945, and actively fought in the battle for the \n islands. During the intense fighting, members of the United States \n Armed Forces secured Mount Suribachi and hoisted a United States \n flag on top of the summit on February 23, 1945. On February 23, \n 1945, Pfc. Sousley, alongside Corporal Harlon Block, HM John \n Bradley, Pfc. Rene Gagnon, Pfc. Ira Hayes, and Sergeant Michael \n Strank followed orders to raise a larger United States flag so it \n could be seen over the island. The iconic photograph taken of the \n six men, while they raised the United States flag attached to a \n heavy Japanese pipe has led to an immortalized symbol of American \n bravery, perseverance, and sacrifice endured by members of the \n United States Armed Forces during the intense battles of World War \n II. Pfc. Sousley was killed in combat by a Japanese sniper around \n Kitano Point on March 21, 1945.\n (C) Originally buried in the 5th Marine Division Cemetery at \n Iwo Jima in plot 9, row 8, grave 2189, on March 22, 1945, his \n remains were returned to the United States on May 8, 1947, where he \n was finally laid to rest at Elizaville Cemetery in Fleming County, \n Kentucky. Pfc. Sousley was posthumously awarded the Purple Heart, \n the Combat Action Ribbon, the Presidential Unit Citation with \\5\/\n 16\\\" Silver Star, the American Campaign Medal, the Asiatic-Pacific \n Campaign Medal with \\3\/16\\\" Bronze Star, and the World War II \n Victory Medal.\n (2)(A) Mr. Troy Bowling was born on July 2, 1926, in Hamilton, \n Ohio and completed his life's service on June, 17, 2017, at the age \n of 90 years old. At age 17, Mr. Bowling began his service as a \n United States Marine and was a proud member of the Easy Company, \n 2nd Battalion, 27th Marines, 5th Division. During the United States \n campaign to end the war against Japan, Mr. Bowling's unit was among \n the first to arrive on the beachheads of Iwo Jima.\n (B) While attempting to secure Mt. Suribachi, his unit came \n under intense and concentrated fire, completely overwhelming his \n unit. Two projectiles struck Mr. Bowling in the chest and leg, \n leaving him critically wounded on the battlefield. At that moment, \n Mr. Bowling said he looked to the heavens and committed to serving \n mankind for the rest of his life if he survived.\n (C) Miraculously, a combat photographer and medical team then \n carried Mr. Bowling to the safety of a landing craft where he \n witnessed the planting of the American flag atop Mt. Suribachi--an \n iconic image that persists as one of the most legendary and \n triumphant moments of the war. The United States Marines eventually \n took control of the island; however, this victory came at a heavy \n cost as more than 6,800 United States service members gave their \n lives during the battle of Iwo Jima.\n (D) In keeping faith with his commitment to God made during \n that battle, Mr. Bowling devoted more than 78,000 hours of \n volunteer service to others at the Lexington VA Medical Center. For \n more than 66 years, Mr. Bowling has risen through the ranks within \n the Disabled American Veterans (DAV) organization, holding nearly \n every position possible, including State Commander. Mr. Bowling \n received the George H. Seal Award for outstanding volunteer, which \n he received at the 2005 National DAV Convention in Las Vegas and \n the Lifetime Service Achievement Award from the Department of \n Veteran Affairs. Mr. Bowling was also nominated and selected to be \n inducted in the Kentucky Veterans Hall of Fame for his lifetime of \n service to veterans.\nSEC. 2. LEXINGTON VA HEALTH CARE SYSTEM.\n (a) Designation.--The health care system of the Department of \nVeterans Affairs in Lexington, Kentucky, shall after the date of the \nenactment of this Act be known and designated as the ``Lexington VA \nHealth Care System''.\n (b) References.--Any reference in any law, regulation, map, \ndocument, paper, or other record of the United States to the health \ncare system referred to in subsection (a) shall be deemed to be a \nreference to the ``Lexington VA Health Care System''.\nSEC. 3. TROY BOWLING CAMPUS.\n (a) Designation.--The health care facility of the Department of \nVeterans Affairs located at 1101 Veterans Drive in Lexington, Kentucky, \nshall after the date of the enactment of this Act be known and \ndesignated as the ``Troy Bowling Campus''.\n (b) References.--Any reference in any law, regulation, map, \ndocument, paper, or other record of the United States to the health \ncare facility referred to in subsection (a) shall be deemed to be a \nreference to the ``Troy Bowling Campus''.\nSEC. 4. FRANKLIN R. SOUSLEY CAMPUS.\n (a) Designation.--The health care facility of the Department of \nVeterans Affairs located at 2250 Leestown Road in Lexington, Kentucky, \nshall after the date of the enactment of this Act be known and \ndesignated as the ``Franklin R. Sousley Campus''.\n (b) References.--Any reference in any law, regulation, map, \ndocument, paper, or other record of the United States to the health \ncare facility referred to in subsection (a) shall be deemed to be a \nreference to the ``Franklin R. Sousley Campus''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This bill designates the Department of Veterans Affairs: (1) health care system in Lexington, Kentucky, as the quot, Lexington VA Health Care System,quot. (2) health care facility at 1101 Veterans Drive, Lexington, Kentucky, as the quot, Troy Bowling Campus,quot. And (3) health care facility at 2250 Leestown Road, Lexington, Kentucky, as the quot, Franklin R. Sousley Campus. quot, ","title":"To designate the health care system of the Department of Veterans Affairs in Lexington, Kentucky, as the \"Lexington VA Health Care System\" and to make certain other designations.","text_len":6328,"sum_len":384} {"bill_id":"108_s881","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Rural Equity \nPayment Index Reform Act of 2003''.\n (b) Findings.--Congress makes the following findings:\n (1) Variations in the physician work adjustment factors \n under section 1848(e) of the Social Security Act (42 U.S.C. \n 1395w-4w(e)) result in a physician work payment inequity \n between urban and rural localities under the medicare physician \n fee schedule.\n (2) The amount the medicare program spends on its \n beneficiaries varies substantially across the country, far more \n than can be accounted for by differences in the cost of living \n or differences in health status.\n (3) Since beneficiaries and others pay into the program on \n the basis of income and wages and beneficiaries pay the same \n premium for part B services, these payments result in \n substantial cross-subsidies from people living in low payment \n States with conservative practice styles or beneficiary \n preferences to people living in higher payment States with \n aggressive practice styles or beneficiary preferences.\n (4) Congress has been mindful of these variations when it \n comes to capitation payments made to managed care plans under \n the Medicare+Choice program and has put in place floors that \n increase monthly payments by more than one-third in some of the \n lowest payment counties over what would otherwise occur. But \n this change addresses only a very small fraction of medicare \n beneficiaries who are presently enrolled in Medicare+Choice \n plans operating in low payment counties.\n (5) Unfortunately, Congress has only begun to address the \n underlying problem of substantial geographic variations in fee-\n for-service spending under traditional medicare.\n (6) Improvements in rural hospital payment systems under \n the medicare program help to reduce aggregate per capita \n payment variation as rural hospitals are in large part located \n in low payment counties.\n (7) Many rural communities have great difficulty attracting \n and retaining physicians and other skilled health \n professionals.\n (8) Targeted efforts to provide relief to rural doctors in \n low payment localities would further reduce variation by \n improving access to primary and tertiary services along with \n more equitable payment.\n (9) Geographic adjustment factors in the medicare program's \n resource-based relative value scale unfairly suppress fee-for-\n service payments to rural providers.\n (10) Actual costs are not presently being measured \n accurately and payments do not reflect the costs of providing \n care.\n (11) Unless something is done about medicare payment in \n rural areas, as the baby boom cohort ages into medicare, the \n financial demands on rural communities to subsidize care for \n their aged and disabled medicare beneficiaries will progress \n from difficult to impossible in another 10 years.\n (12) The impact on rural health care infrastructure will be \n first felt in economically depressed rural areas where the \n ability to shift costs is already limited.\n\nSEC. 2. PHYSICIAN FEE SCHEDULE WAGE INDEX REVISION.\n\n Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-\n4(e)(1)) is amended--\n (1) in subparagraph (A), by striking ``subparagraphs (B) \n and (C)'' and inserting ``subparagraphs (B), (C), and (E)''; \n and\n (2) by adding at the end the following new subparagraph:\n ``(E) Floor for work geographic indices.--\n ``(i) In general.--Notwithstanding the work \n geographic index otherwise calculated under \n subparagraph (A)(iii), in no case may the work \n geographic index applied for payment under this \n section be less than--\n ``(I) 0.976 for services furnished \n during 2004;\n ``(II) 0.987 for services furnished \n during 2005;\n ``(III) 0.995 for services \n furnished during 2006; and\n ``(IV) 1.000 for services furnished \n during 2007 and subsequent years.\n ``(ii) Exemption from limitation on annual \n adjustments.--The increase in expenditures \n attributable to clause (i) shall not be taken \n into account in applying subsection \n (c)(2)(B)(ii)(II).''.","summary":"Rural Equity Payment Index Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the Medicare program.","title":"A bill to amend title XVIII of the Social Security Act to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the medicare program.","text_len":5038,"sum_len":236} {"bill_id":"115_hr3715","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Scenic Columbia Gorge Restoration \nAct of 2017''.\n\nSEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC \n EVENTS IN NATIONAL SCENIC AREAS.\n\n (a) Definitions.--In this section:\n (1) Catastrophic event.--The term ``catastrophic event'' \n means any natural disaster (such as hurricane, tornado, \n windstorm, snow or ice storm, rain storm, high water, wind-\n driven water, tidal wave, earthquake, volcanic eruption, \n landslide, mudslide, drought, or insect or disease outbreak) or \n any fire, flood, or explosion, regardless of cause.\n (2) Conclusion.--The term ``conclusion'', with respect to a \n catastrophic event, includes containment of the catastrophic \n event if occurring before the actual end of the catastrophic \n event.\n (3) National scenic area.--The term ``National Scenic \n Area'' means an area of the National Forest System federally \n designated as a National Scenic Area in recognition of the \n outstanding natural, scenic, and recreational values of the \n area.\n (4) Response activity.--The term ``response activity'' \n means any salvage operation or reforestation activity proposed \n to be conducted within a National Scenic Area adversely \n impacted by a catastrophic event to address conditions caused \n or exacerbated by the catastrophic event.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture, acting through the Chief of the Forest Service.\n (b) Prompt Proposal of Response Activities.--Within 30 days after \nthe conclusion of a catastrophic event within a National Scenic Area, \nthe Secretary shall begin proposing response activities for lands \nwithin the National Scenic Area adversely impacted by the catastrophic \nevent.\n (c) Public Input and Response Process.--Notwithstanding any other \nprovision of law, the Secretary shall allow 30 days for public scoping \nand comment regarding a National Scenic Area response activity, 15 days \nfor filing an objection to the response activity, and 15 days for the \nagency response to the filing of an objection. Upon completion of this \nprocess and expiration of the period specified in subsection (d)(1) if \napplicable, the Secretary shall implement the response activity.\n (d) Environmental Review.--\n (1) Expedited environmental assessment.--Except as provided \n in paragraph (2), notwithstanding any other provision of law, \n an environmental assessment prepared by the Secretary concerned \n pursuant to section 102 of the National Environmental Policy \n Act of 1969 (42 U.S.C. 4332) for a National Scenic Area \n response activity shall be completed within 60 days after the \n conclusion of the catastrophic event.\n (2) Categorical exclusion.--A categorical exclusion is \n available for any National Scenic Area response activity that--\n (A) does not exceed 10,000 acres within the \n National Scenic Area; and\n (B) includes lands that--\n (i) are visible from key viewing areas, as \n described in the management plan for the \n National Scenic Area;\n (ii) provide screening for human \n development;\n (iii) are part of a municipal watershed; or\n (iv) contain utility or power transmission \n right-of-ways.\n (e) Consultation Under the Endangered Species Act.--\n (1) No consultation if response activity not likely to \n adversely affect a listed species or designated critical \n habitat.--Consultation under section 7 of the Endangered \n Species Act of 1973 (16 U.S.C. 1536) shall not be required if \n the Secretary determines that a response activity is not likely \n to adversely affect a listed species or designated critical \n habitat.\n (2) Expedited consultation.--\n (A) In general.--With respect to a response \n activity that is not covered by paragraph (1), \n consultation required under section 7 of the Endangered \n Species Act of 1973 (16 U.S.C. 1536) shall be concluded \n within the 90-day period beginning on the date on which \n such consultation was requested by the Secretary.\n (B) Effect of no conclusion.--In the case of a \n consultation described in subparagraph (A) that is not \n concluded within the 90-day period specified in such \n subparagraph, the response activity for which such \n consultation was initiated--\n (i) shall be deemed to have not violated \n section 7 of the Endangered Species Act of 1973 \n (16 U.S.C. 1536(a)(2)); and\n (ii) may be carried out.\n (f) Prohibition on Restraining Orders, Preliminary Injunctions, and \nInjunctions Pending Appeal.--No restraining order, preliminary \ninjunction, or injunction pending appeal shall be issued by any court \nof the United States with respect to any decision to prepare or conduct \na response activity. Section 705 of title 5, United States Code, shall \nnot apply to any challenge to the response activity.\n (g) Funding Source.--Amounts in the special fund established \npursuant to section 3 of the Act of June 9, 1930 (commonly known as the \nKnutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the \nSecretary for response activities.\n (h) Reforestation Objective.--In the case of response activities \nconducted on National Scenic Area lands adversely impacted by a \ncatastrophic event, the Secretary shall achieve reforestation of at \nleast 75 percent of the impacted lands before the end of the two-year \nperiod following the conclusion of the catastrophic event.","summary":"Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity.","title":"Scenic Columbia Gorge Restoration Act of 2017","text_len":6192,"sum_len":452} {"bill_id":"111_s2824","text":"SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.\n\n The Community Development Banking and Financial Institutions Act of \n1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.\n\n ``(a) Purpose.--The purpose of this section are to establish a \nsmall dollar loan-loss guarantee fund to--\n ``(1) serve as a loss reserve for qualifying loans to \n consumers offered by eligible financial institutions;\n ``(2) increase the number of qualifying loan products \n offered to consumers by such institutions; and\n ``(3) increase consumer access to mainstream financial \n institutions and provide consumers with alternative choices to \n pay day loans.\n ``(b) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n ``(1) Consumer reporting agency that compiles and maintains \n files on consumers on a nationwide basis.--The term `consumer \n reporting agency that compiles and maintains files on consumers \n on a nationwide basis' has the same meaning given such term in \n section 603(p) of the Fair Credit Reporting Act (15 U.S.C. \n 1681a(p)).\n ``(2) Eligible financial institution.--The term `eligible \n financial institution' means--\n ``(A) any community development financial \n institution, provided that if such institution is \n subject to examination under the Community Reinvestment \n Act of 1977, that such institution received a \n satisfactory or an outstanding rating in meeting the \n needs of the community as part of its last examination \n under such Act; and\n ``(B) any other entity, organization, or \n institution whose primary mission is to serve low- to \n moderate-income individuals, as determined appropriate \n by the Administrator.\n ``(3) Fund.--The term `Fund' means the CDFI Small Dollar \n Loan-Loss Guarantee Fund established under subsection (c).\n ``(4) Qualifying loan.--The term `qualifying loan' means a \n loan that satisfies the following requirements:\n ``(A) The loan is made to a consumer by an eligible \n financial institution.\n ``(B) The loan is made in an amount not exceeding \n $2,500.\n ``(C) The loan--\n ``(i) has a repayment period of at least 60 \n days;\n ``(ii) is repaid in installments, and such \n installment payments result in the reduction in \n the principle balance owed on the loan;\n ``(iii) has an annual percentage rate that \n the Administrator determines to be acceptable \n through the application process for the \n purposes of this section, but in no event shall \n such annual percentage rate exceed 36 percent; \n and\n ``(iv) has no pre-payment penalty.\n ``(D) At the time of origination of the loan, the \n eligible financial institution that made the loan \n offered the consumer information.\n ``(E) The eligible financial institution making the \n loan reports payments regarding the loan to at least 1 \n of the consumer reporting agencies that compiles and \n maintains files on consumers on a nationwide basis.\n ``(c) Establishment.--\n ``(1) In general.--There is established a CDFI Small Dollar \n Loan-Loss Guarantee Fund, which shall be used by the \n Administrator to defray the cost of losses on qualifying loans \n to consumers made by eligible financial institutions.\n ``(2) Use of fund amounts.--\n ``(A) Reimbursement.--From amounts available in the \n Fund, the Administrator may provide reimbursement of a \n qualifying loan loss that is up to 60 percent of the \n loss on the qualifying loan to an eligible financial \n institution that has submitted an application pursuant \n to the requirements of subparagraph (B). The \n Administrator shall take into consideration the overall \n default rates of the qualifying loan portfolio in an \n eligible financial institution when determining the \n reimbursement rate of loan loss.\n ``(B) Application.--In order to receive any amounts \n from the Fund under this section, each eligible \n financial institution shall submit an application at \n such time, in, such form, and with such information and \n assurances as the Administrator may require.\n ``(3) Deposits.--\n ``(A) In general.--The Fund shall consist of--\n ``(i) any amounts deposited pursuant to \n subsection (d)(4);\n ``(ii) any amounts borrowed pursuant to \n subsection (e);\n ``(iii) a portion, as determined by the \n Administrator, of the proceeds of fees \n collected by an eligible financial institution \n for the origination of the qualifying loans to \n consumers; and\n ``(iv) any amounts transferred, credited, \n donated, or bequeathed to the Fund by any \n individual, foundation, corporation, or other \n legal entity.\n ``(B) Solvency of fund.--In making the \n determination required under subparagraph (A), the \n Administrator shall give priority consideration to that \n amount that would best protect and ensure the solvency \n of the Fund.\n ``(C) Investment authority.--Funds that are not \n otherwise distributed by the Fund to eligible financial \n institutions for reimbursement of qualifying loan \n losses shall be invested in obligations of the United \n States or in obligations guaranteed as principle and \n interest by the United States.\n ``(d) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n for each fiscal year such sums as are necessary to carry out \n this section.\n ``(2) Administrative costs.--From amounts made available \n under this section, the Administrator may reserve not more than \n 10 percent for administrative costs.\n ``(3) Technical assistance grants.--Amounts made available \n under this section may be used to make technical assistance \n grants to applicants to develop and support a small dollar loan \n program. Any technical assistance grants made under this \n paragraph shall be made in accordance with subsections (b), \n (c), and (d) of section 108, provided that the Administrator \n may waive the requirements of subsection (e) of such section \n 108 with respect to such grants.\n ``(4) Deposit into fund.--Amounts made available under this \n section may be deposited into the CDFI Small Dollar Loan-Loss \n Guarantee Fund established under this section.\n ``(e) Borrowing Authority.--The Administrator is authorized to \nborrow from the Treasury, and the Secretary of the Treasury is \nauthorized and directed to loan to the Administrator on such terms as \nmay be fixed by the Administrator and the Secretary, such funds as in \nthe judgment of the Administrator are from time to time required to \nmaintain the solvency of the Fund, not exceeding in the aggregate \n$75,000,000 outstanding at any one time, subject to the approval of the \nSecretary of the Treasury: Provided, That the rate of interest to be \ncharged in connection with any loan made pursuant to this subsection \nshall not be less than an amount determined by the Secretary of the \nTreasury, taking into consideration current market yields on \noutstanding marketable obligations of the United States of comparable \nmaturity. For such purpose the Secretary of the Treasury is authorized \nto use as a public-debt transaction the proceeds of the sale of any \nsecurities hereafter issued under the Second Liberty Bond Act, as \namended, and the purposes for which securities may be issued under the \nSecond Liberty Bond Act, as amended, are extended to include such \nloans. Any such loan shall be used by the Administrator solely in \ncarrying out its functions with respect to the Fund. All loans and \nrepayments under this subsection shall be treated as public-debt \ntransactions of the United States. The Administrator may employ any \namounts obtained under this subsection for purposes of the Fund and the \nborrowing shall become a liability of the Fund to the extent funds are \nemployed therefor.\n ``(f) Report to Congress.--Not later than 1 year after the CDFI \nSmall Dollar Loan-Loss Guarantee Fund makes its first reimbursement to \nan eligible financial institution, and every year thereafter, the \nAdministrator shall submit to the Banking, Housing, and Urban Affairs \nCommittee of the Senate, the Financial Services Committee of the House \nof Representatives, and the Committee on Appropriations of both the \nSenate and the House of Representatives a report describing--\n ``(1) the activities of the Fund, including the cumulative \n volume and amounts of loan reimbursements that have been \n distributed from the Fund during the prior 12 months;\n ``(2) the solvency of the Fund;\n ``(3) the default rate of qualifying loans; and\n ``(4) any measurable results, as appropriate and available, \n related to the achievement of the purposes of this section as \n such purposes are set forth under subsection (a).''.","summary":"Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.","title":"A bill to establish a small dollar loan-loss guarantee fund, and for other purposes.","text_len":10454,"sum_len":638} {"bill_id":"108_hr1835","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Security Readiness Act of \n2003''.\n\nSEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.\n\n (a) Designation of Critical Habitat.--Section 4(a)(3) of the \nEndangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by \nstriking ``prudent and determinable'' and inserting ``necessary''.\n (b) Limitation on Designation of Critical Habitat.--Section 4(a)(3) \nof the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is \namended--\n (1) by redesignating subparagraphs (A) and (B) as clauses \n (i) and (ii), respectively;\n (2) by inserting ``(A)'' after ``(3)''; and\n (3) by adding at the end the following:\n ``(B)(i) The Secretary shall not designate as critical habitat any \nlands or other geographical areas owned or controlled by the Department \nof Defense, or designated for its use, that are subject to an \nintegrated natural resources management plan prepared under section 101 \nof the Sikes Act (16 U.S.C. 670a), if the Secretary determines that \nsuch plan addresses special management considerations or protection (as \nthose terms are used in section 3(5)(A)(i)).\n ``(ii) Nothing in this paragraph affects the requirement to consult \nunder section 7(a)(2) with respect to an agency action (as that term is \ndefined in that section).\n ``(iii) Nothing in this paragraph affects the obligation of the \nDepartment of Defense to comply with section 9, including the \nprohibition preventing extinction and taking of endangered species and \nthreatened species.''.\n (c) Consideration of Effects of Designation of Critical Habitat.--\nSection 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. \n1533(b)(2)) is amended by inserting ``the impact on national \nsecurity,'' after ``the economic impact,''.\n\nSEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL \n PROTECTION ACT OF 1972.\n\n Section 3(18) of the Marine Mammal Protection Act of 1972 (16 \nU.S.C. 1362(18)) is amended by striking the matter preceding \nsubparagraph (B) and inserting the following:\n ``(18)(A) The term `harassment' means--\n ``(i) any act that injures or has the significant \n potential to injure a marine mammal or marine mammal \n stock in the wild; or\n ``(ii) any act that disturbs or is likely to \n disturb a marine mammal or marine mammal stock in the \n wild by causing disruption of natural behavioral \n patterns, including, but not limited to, migration, \n surfacing, nursing, breeding, feeding, or sheltering, \n to a point where such behavioral patterns are abandoned \n or significantly altered.''.\n\nSEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.\n\n Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. \n1371) is amended by inserting after subsection (e) the following:\n ``(f) Exemption of Actions Necessary for National Defense.--(1) The \nSecretary of Defense, after conferring with the Secretary of Commerce, \nthe Secretary of the Interior, or both, as appropriate, may exempt any \naction or category of actions undertaken by the Department of Defense \nor its components from compliance with any requirement of this Act, if \nthe Secretary determines that it is necessary for national defense.\n ``(2) An exemption granted under this subsection--\n ``(A) subject to subparagraph (B), shall be effective for a \n period specified by the Secretary of Defense; and\n ``(B) shall not be effective for more than 2 years.\n ``(3)(A) The Secretary of Defense may issue additional exemptions \nunder this subsection for the same action or category of actions, \nafter--\n ``(i) conferring with the Secretary of Commerce, the \n Secretary of the Interior, or both as appropriate; and\n ``(ii) making a new determination that the additional \n exemption is necessary for national defense.\n ``(B) Each additional exemption under this paragraph shall be \neffective for a period specified by the Secretary of Defense, of not \nmore than 2 years.''.\n\nSEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS \n ACTIVITY.\n\n Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 \nU.S.C. 1371(a)(5)) is amended--\n (1) in subparagraph (A)--\n (A) by striking ``within a specified geographical \n region'';\n (B) by striking ``within that region of small \n numbers''; and\n (C) by adding at the end the following:\n ``Notwithstanding the preceding sentence, the Secretary is not \n required to publish notice under this subparagraph with respect \n to incidental takings while engaged in military readiness \n activities authorized by the Secretary of Defense, except in \n the Federal Register.'';\n (2) in subparagraph (B)--\n (A) by striking ``within a specified geographical \n region''; and\n (B) by striking ``within one or more regions''; and\n (3) in subparagraph (D)--\n (A) in clause (i)--\n (i) by striking ``within a specific \n geographic region'';\n (ii) by striking ``of small numbers''; and\n (iii) by striking ``within that region''; \n and\n (B) by adding at the end the following:\n ``(vi) Notwithstanding clause (iii), the Secretary is not \n required to publish notice under this subparagraph with respect \n to an authorization under clause (i) of incidental takings \n while engaged in military readiness activities authorized by \n the Secretary of Defense, except in the Federal Register.''.\n\nSEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN \n WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR \n ENDANGERED SPECIES.\n\n (a) Rule of Construction.--For purposes of section 7 of the \nEndangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action'' \nand ``agency action'', when applied to any action of the Department of \nDefense, shall not include water consumption of any kind unless--\n (1) such water consumption occurs on a military \n installation, whether the source of the water consumed is \n located on or off the installation; or\n (2) such water consumption occurs off of a military \n installation and the source of the water is under the direct \n control of the Department of Defense.\n (b) Voluntary Efforts.--Nothing in this section shall prohibit a \nmilitary installation from voluntarily undertaking efforts to mitigate \nwater use and consumption.\n (c) Definitions.--In this section:\n (1) The term ``military installation'' has the meaning \n given such term in section 2687(e) of title 10, United States \n Code.\n (2) The term ``water consumption'' means the use of water, \n from any source, for human purposes of any kind, including \n household or industrial use, irrigation, or landscaping.\n (d) Effective Date.--This section applies only to Department of \nDefense actions regarding which consultation or reconsultation under \nsection 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is \nfirst required on or after the date of the enactment of this Act.\n\n\n\n\n ","summary":"National Security Readiness Act of 2003 - Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary of the Interior from designating as critical habitat any land or geographical area controlled by the Department of Defense, or designated for its use, that is subject to an integrated natural resources management plan for a military installation under the Sikes Act, if the Secretary determines that the plan addresses special management considerations or protections. Amends the Marine Mammal Protection Act of 1972 (MMPA) to redefine the term harassment as it relates to marine mammals to limit the meaning of: (1) any act that has the potential to injure a marine mammal or marine mammal stock in the wild to any act that has the significant potential to cause such an injury. And (2) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of natural behavioral patterns to causing such a disruption to the point where such behavioral patterns are abandoned or significantly altered. Authorizes the Secretary of Defense, after conferring with the Secretary of Commerce or the Secretary of the Interior , to exempt any action undertaken by the Department of Defense from requirements of the MMPA, if the Secretary of Defense determines that the action is necessary for national defense. Limits such exemption to a renewable two-year period. Repeals the limitation to a specified geographical region or a region of small numbers of any allowance of incidental, but not intentional, taking of marine mammals by US citizens engaged in a specified activity other than commercial fishing. Exempts the Secretary of the Interior from the requirement to publish notice with respect to incidental takings of marine mammals and marine mammal products while engaged in military readiness activities authorized by the Secretary of Defense. Limits the Department of Defense responsibility under ESA for water consumption impacts on critical habitats or endangered species to: (1) water consumption occurring on a military installation, whether the source of the water consumed is located on or off the installation. Or (2) water consumption occurring off of a military installation and the source of the water is under the direct control of the Department of Defense. States that nothing shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption.","title":"To amend the Endangered Species Act of 1973 to limit designation as critical habitat of areas owned or controlled by the Department of Defense, and for other purposes.","text_len":7740,"sum_len":2473} {"bill_id":"111_hr1296","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access for All America Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Providing universal coverage for health care for all \n Americans will be incomplete if access to medical and other \n health services is not improved.\n (2) Currently, 56,000,000 Americans, both insured and \n uninsured, have inadequate access to primary care due to a \n shortage of physicians and other like providers in their \n community.\n (3) Several demonstrations are underway at the Federal and \n State level to link patients to a primary care ``medical home'' \n as a means of assuring access, controlling costs, and improving \n quality.\n (4) Yet, there already exists a proven medical home model \n that accomplishes these goals and has done so over the past 40 \n years while serving over 18,000,000 Americans.\n (5) Community health centers, also known as Federally \n Qualified Health Centers (FQHCs), have been found to more than \n pay for themselves by providing coordinated, comprehensive \n medical, dental, behavioral health, and prescription drug \n services that reduce unnecessary emergency room visits, \n ambulatory-sensitive hospitalizations, and avoidable specialty \n care.\n (6) The result is that the American Academy of Family \n Physicians' Robert Graham Center found that medical expenses \n for health center patients are 41 percent lower compared to \n patients seen elsewhere, an average savings of $1,810 per \n person per year.\n (7) The Lewin Group found that providing access to a \n medical home for every American would produce health care \n savings of $67,000,000,000 per year, more than 8 times the \n subsidy needed to sustain the 1,100 current health centers and \n to create 3,900 new or expanded health center sites to \n accomplish full access.\n (8) Hand in hand with the expansion of the community health \n center program, a renewed investment in the National Health \n Service Corps is essential to reverse the decline in the supply \n of primary care physicians and dentists.\n (9) Both the expansion of the community health center \n program and the investment in the National Health Service Corps \n can be accomplished for less than 1 percent of total health \n care spending today.\n (10) Finally, to encourage broader adoption of the cost-\n effective community health center model of care beyond \n underserved areas and populations and to encourage the pursuit \n and practice of primary care as a career, all willing primary \n care practitioners should be encouraged to collaborate with \n community health centers.\n\nSEC. 3. SPENDING FOR FEDERALLY QUALIFIED HEALTH CENTERS (FQHCS).\n\n Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) \nis amended by striking paragraph (1) and inserting the following:\n ``(1) General amounts for grants.--For the purpose of \n carrying out this section, in addition to the amounts \n authorized to be appropriated under subsection (d), there is \n authorized to be appropriated the following:\n ``(A) For fiscal year 2010, $2,988,821,592.\n ``(B) For fiscal year 2011, $3,862,107,440.\n ``(C) For fiscal year 2012, $4,990,553,440.\n ``(D) For fiscal year 2013, $6,448,713,307.\n ``(E) For fiscal year 2014, $7,332,924,155.\n ``(F) For fiscal year 2015, $8,332,924,155.\n ``(G) For fiscal year 2016, and each subsequent \n fiscal year, the amount appropriated for the preceding \n fiscal year adjusted by the product of--\n ``(i) one plus the average percentage \n increase in costs incurred per patient served; \n and\n ``(ii) one plus the average percentage \n increase in the total number of patients \n served.''.\n\nSEC. 4. OTHER PROVISIONS.\n\n (a) Settings for Service Delivery.--Section 330(a)(1) of the Public \nHealth Service Act (42 U.S.C. 254b(a)(1)) is amended by adding at the \nend the following: ``Required primary health services and additional \nhealth services may be provided either at facilities directly operated \nby the center or at any other inpatient or outpatient settings \ndetermined appropriate by the center to meet the needs of its \npatents.''.\n (b) Location of Service Delivery Sites.--Section 330(a) of the \nPublic Health Service Act (42 U.S.C. 254b(a)) is amended by adding at \nthe end the following:\n ``(3) Considerations.--\n ``(A) Location of sites.--Subject to subparagraph \n (B), a center shall not be required to locate its \n service facility or facilities within a designated \n medically underserved area in order to serve either the \n residents of its catchment area or a special medically \n underserved population comprised of migratory and \n seasonal agricultural workers, the homeless, or \n residents of public housing, if that location is \n determined by the center to be reasonably accessible to \n and appropriate to meet the needs of the medically \n underserved residents of the center's catchment area or \n the special medically underserved population, in \n accordance with subparagraphs (A) and (J) of subsection \n (k)(3).\n ``(B) Location within another center's area.--The \n Secretary may permit applicants for grants under this \n section to propose the location of a service delivery \n site within another center's catchment area if the \n applicant demonstrates sufficient unmet need in such \n area and can otherwise justify the need for additional \n Federal resources in the catchment area. In determining \n whether to approve such a proposal, the Secretary shall \n take into consideration whether collaboration between \n the two centers exists, or whether the applicant has \n made reasonable attempts to establish such \n collaboration, and shall consider any comments timely \n submitted by the affected center concerning the \n potential impact of the proposal on the availability or \n accessibility of services the affected center currently \n provides or the financial viability of the affected \n center.''.\n (c) Affiliation Agreements.--Section 330(k)(3)(B) of the Public \nHealth Service Act (42 U.S.C. 254b(k)(3)(B)) is amended by inserting \nbefore the semicolon the following: ``, including contractual \narrangements as appropriate, while maintaining full compliance with the \nrequirements of this section, including the requirements of \nsubparagraph (H) concerning the composition and authorities of the \ncenter's governing board, and, except as otherwise provided in clause \n(ii) of such subparagraph, ensuring full autonomy of the center over \npolicies, direction, and operations related to health care delivery, \npersonnel, finances, and quality assurance''.\n (d) Governance Requirements.--Section 330(k)(3) of the Public \nHealth Service Act (42 U.S.C. 254b(k)(3)) is amended--\n (1) in subparagraph (H)--\n (A) in clause (ii), by striking ``; and'' and \n inserting ``, except that in the case of a public \n center (as defined in the second sentence of this \n paragraph), the public entity may retain authority to \n establish financial and personnel policies for the \n center; and'';\n (B) in clause (iii), by adding ``and'' at the end; \n and\n (C) by inserting after clause (iii) the following:\n ``(iv) in the case of a co-applicant with a \n public entity, meets the requirements of \n clauses (i) and (ii);''; and\n (2) in the second sentence, by inserting before the period \n the following: ``that is governed by a board that satisfies the \n requirements of subparagraph (H) or that jointly applies (or \n has applied) for funding with a co-applicant board that meets \n such requirements''.\n (e) Adjustment in Center's Operating Plan and Budget.--Section \n330(k)(3)(I)(i) of the Public Health Service Act (42 U.S.C. \n254b(k)(3)(I)(i)) is amended by inserting before the semicolon the \nfollowing: ``, which may be modified by the center at any time during \nthe fiscal year involved if such modifications do not require \nadditional grant funds, do not compromise the availability or \naccessibility of services currently provided by the center, and \notherwise meet the conditions of subsection (a)(3)(B), except that any \nsuch modifications that do not comply with this clause, as determined \nby the health center, shall be submitted to the Secretary for \napproval''.\n (f) Joint Purchasing Arrangements for Reduced Cost.--Section 330(l) \nof the Public Health Service Act (42 U.S.C. 254b(l)) is amended--\n (1) by striking ``The Secretary'' and inserting the \n following:\n ``(1) In general.--The Secretary''; and\n (2) by adding at the end the following:\n ``(2) Assistance with supplies and services costs.--The \n Secretary, directly or through grants or contracts, may carry \n out projects to establish and administer arrangements under \n which the costs of providing the supplies and services needed \n for the operation of federally qualified health centers are \n reduced through collaborative efforts of the centers, through \n making purchases that apply to multiple centers, or through \n such other methods as the Secretary determines to be \n appropriate.''.\n (g) Opportunity To Correct Material Failure Regarding Grant \nConditions.--Section 330(e) of the Public Health Service Act (42 U.S.C. \n254b(e)) is amended by adding at the end the following:\n ``(6) Opportunity to correct material failure regarding \n grant conditions.--If the Secretary finds that a center \n materially fails to meet any requirement (except for any \n requirements waived by the Secretary) necessary to qualify for \n its grant under this subsection, the Secretary shall provide \n the center with an opportunity to achieve compliance (over a \n period of up to 1 year from making such finding) before \n terminating the center's grant. A center may appeal and obtain \n an impartial review of any Secretarial determination made with \n respect to a grant under this subsection, or may appeal and \n receive a fair hearing on any Secretarial determination \n involving termination of the center's grant entitlement, \n modification of the center's service area, termination of a \n medically underserved population designation within the \n center's service area, disallowance of any grant expenditures, \n or a significant reduction in a center's grant amount.''.\n\nSEC. 5. FUNDING FOR NATIONAL HEALTH SERVICE CORPS.\n\n Section 338H(a) of the Public Health Service Act (42 U.S.C. \n254q(a)) is amended to read as follows:\n ``(a) Authorization of Appropriations.--For the purpose of carrying \nout this section, there is authorized to be appropriated, out of any \nfunds in the Treasury not otherwise appropriated, the following:\n ``(1) For fiscal year 2010, $320,461,632.\n ``(2) For fiscal year 2011, $414,095,394.\n ``(3) For fiscal year 2012, $535,087,442.\n ``(4) For fiscal year 2013, $691,431,432.\n ``(5) For fiscal year 2014, $893,456,433.\n ``(6) For fiscal year 2015, $1,154,510,336.\n ``(7) For fiscal year 2016, and each subsequent fiscal \n year, the amount appropriated for the preceding fiscal year \n adjusted by the product of--\n ``(A) one plus the average percentage increase in \n the costs of health professions education during the \n prior fiscal year; and\n ``(B) one plus the average percentage change in the \n number of individuals residing in health professions \n shortage areas designated under section 333 during the \n prior fiscal year, relative to the number of \n individuals residing in such areas during the previous \n fiscal year.''.","summary":"Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year. And (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.","title":"To achieve access to comprehensive primary health care services for all Americans and to reform the organization of primary care delivery through an expansion of the Community Health Center and National Health Service Corps programs.","text_len":13215,"sum_len":652} {"bill_id":"113_hr5835","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive TB Elimination Act of \n2014''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Each year approximately 9,000,000 people become ill \n with active tuberculosis (TB), an airborne infectious disease, \n and it is estimated that 1,500,000 of those people die, making \n TB the second leading global infectious disease killer.\n (2) There is a global underinvestment in quality TB \n control, and in the research and development of new drugs, \n diagnostics and a vaccine, as well as in the relationship \n between TB and HIV\/AIDS.\n (3) The increasing occurrence of multi-drug resistant \n (``MDR'') TB, including extensively drug resistant (``XDR'') TB \n which is resistant to at least two of the recommended first-\n line drugs and the recommended second-line medications, is a \n serious and emerging global health problem.\n (4) Cases of TB are reported annually in every State within \n the United States, with a total of 9,582 cases of active TB \n reported in the United States in 2013.\n (5) In addition to those with active TB, an estimated \n 8,000,000 to 10,000,000 people in the United States are \n infected with the TB bacteria.\n (6) Drug-resistant TB poses a particular challenge to \n domestic TB control due to the high costs of treatment and \n intensive health care resources required. Treatment costs for \n MDR TB range from $100,000 to $300,000, which can cause a \n serious strain on State public health budgets.\n (7) In 2013, the United States experienced serious \n shortages of first- and second-line TB drugs and biologics, \n including isoniazid, the first-line TB drug, and tubersol, the \n biologic used in TB skin tests.\n (8) New tools are urgently needed to more effectively \n prevent, diagnose, and treat TB. Within the last 40 years, only \n one new TB drug has been developed and approved in the United \n States, and the treatment regimen for MDR TB remains \n excessively lengthy, toxic, and difficult for patients to \n tolerate. The existing vaccine, which is not used in the United \n States, confers no protection to adolescents and adults, \n protecting only against pulmonary TB in infants and children.\n (9) The expertise in identifying, treating, and preventing \n TB is within the Centers for Disease Control and Prevention and \n the United States public health system. The identification and \n preventive treatment of the millions of people in the United \n States with TB infection, representing the reservoir of future \n active TB cases, is a key component of the strategy to \n eliminate TB in the United States.\n\nSEC. 3. FOOD AND DRUG ADMINISTRATION.\n\n Clause (i) of section 506D(a)(1)(B) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 356d(a)(1)(B)) is amended to read as follows:\n ``(i) plans for enhanced interagency and \n intra-agency coordination, communication, and \n decisionmaking, including by ensuring \n coordination between the task force established \n under this section and the Federal Tuberculosis \n Task Force under section 317E(g) of the Public \n Health Service Act in the development and \n implementation of strategies and systems to \n prevent and mitigate shortages of drugs used in \n connection with tuberculosis;''.\n\nSEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; HEALTH RESOURCES \n AND SERVICES ADMINISTRATION.\n\n (a) Prioritizing Programs for High-Risk Populations, Including \nForeign-Born, Homeless, and Uninsured Populations.--Subsection (a) of \nsection 317E of the Public Health Service Act (42 U.S.C. 247b-6) is \namended--\n (1) by striking ``The Secretary'' and inserting the \n following:\n ``(1) Grants.--The Secretary''; and\n (2) by adding at the end the following:\n ``(2) Priority.--In making grants under this subsection, \n the Secretary shall give priority to awarding grants to State \n health departments proposing to focus on the prevention, \n control, and elimination of tuberculosis in high-risk \n populations, including foreign-born, homeless, and uninsured \n populations.''.\n (b) Grants for Coordination of Programs and Services for \nPrevention, Diagnosis, and Treatment.--\n (1) Grants.--Section 317E of the Public Health Service Act \n (42 U.S.C. 247b-6) is amended--\n (A) by redesignating subsections (c) through (h) as \n subsections (d) through (i), respectively; and\n (B) by inserting after subsection (b) the \n following:\n ``(c) Grants for Coordination of Programs and Services for \nPrevention, Diagnosis, and Treatment.--\n ``(1) Grants.--The Secretary, acting through the \n Administrator of the Health Resources and Services \n Administration, may award grants to State and local governments \n and Federally qualified health centers for coordinating the \n programs and services of such governments and centers to ensure \n timely and appropriate prevention, diagnosis, and treatment of \n tuberculosis.\n ``(2) Definition.--In this subsection, the term `Federally \n qualified health center' has the meaning given to such term in \n section 1861(aa) of the Social Security Act.''.\n (2) Conforming changes.--Section 317E of the Public Health \n Service Act (42 U.S.C. 247b-6) is amended--\n (A) in subsections (d), (e)(1), (e)(3)(A), and \n (f)(1), as redesignated, by striking ``subsection (a) \n or (b)'' each place it appears and inserting \n ``subsection (a), (b), or (c)''; and\n (B) in subsection (e)(3)(A), as redesignated, by \n inserting ``(subject to subsection (a)(2))'' after \n ``highest priority''.\n (c) Federal Tuberculosis Task Force.--Paragraph (1) of section \n317E(h) of the Public Health Service Act (42 U.S.C. 247b-6(g)), as \nredesignated, is amended to read as follows:\n ``(1) Duties.--The Federal Tuberculosis Task Force (in this \n subsection referred to as the `Task Force') shall provide to \n the Secretary and other appropriate Federal officials advice \n on--\n ``(A) research into new tools under subsection \n (b)(2) and ensuring access to such new tools; and\n ``(B) the development and implementation of \n strategies and systems to prevent and mitigate \n shortages of drugs used in connection with \n tuberculosis.''.\n (d) Reauthorization of National Strategy for Combating and \nEliminating Tuberculosis.--Section 317E(i)(1)(A) of the Public Health \nService Act (42 U.S.C. 247b-6(h)(1)(A)) is amended by striking \n``$243,101,250 for fiscal year 2013'' and inserting ``$243,101,250 for \neach of fiscal years 2013 through 2019''.\n\nSEC. 5. NATIONAL INSTITUTES OF HEALTH.\n\n Paragraph (1) of section 424C(b) of the Public Health Service Act \n(42 U.S.C. 285b-7c(b)) is amended to read as follows:\n ``(1) enhancing basic, clinical, and operational research \n on tuberculosis, including with respect to--\n ``(A) drug resistant tuberculosis;\n ``(B) infection with, and the progression of, \n tuberculosis; and\n ``(C) pediatric tuberculosis;''.","summary":"Comprehensive TB Elimination Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to require the Drug Shortages Strategic Plan to include plans to ensure coordination between the Drug Shortages Task Force and the Federal Tuberculosis Task Force. Amends the Public Health Service Act to require the Department of Health and Human Services, when awarding grants for the prevention, control, and elimination of tuberculosis, to give priority to state health departments proposing to focus on high-risk populations, including foreign-born, homeless, and uninsured populations. Authorizes the Health Resources and Services Administration to award grants to state and local governments and federally qualified health centers to coordinate their programs and services to ensure timely and appropriate prevention, diagnosis, and treatment of tuberculosis. Requires the Federal Tuberculosis Task Force to advise federal officials on strategies and systems to prevent and mitigate shortages of tuberculosis drugs. Reauthorizes the national strategy for combating and eliminating tuberculosis through FY2019. Allows the National Institutes of Health to enhance research on pediatric tuberculosis and tuberculosis infection and progression.","title":"Comprehensive TB Elimination Act of 2014","text_len":8003,"sum_len":1237} {"bill_id":"107_s2204","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women in Trauma Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) Researchers have concluded that women may experience \n significant adverse mental health consequences relating to \n trauma exposure, often the result of sexual or domestic \n violence.\n (2) The majority of women suffering from both substance \n abuse and mental health problems have been victims of rape, \n incest, or physical or emotional abuse and hundreds of \n thousands of these same women are also severely beaten by their \n husbands or a significant male intimate. Surveys have indicated \n that approximately 1,500,000 children are physically abused \n each year and 700,000 are victims of sexual abuse.\n (3) Women with serious mental illnesses are over-\n represented in samples that experienced trauma, including \n physical, sexual, and emotional abuse. Between 50 and 70 \n percent of women hospitalized for psychiatric disorders have a \n history of trauma.\n (4) Even for people whose mental health problems are caused \n by other factors, a history of early physical or sexual abuse \n leads to the earlier onset of their illness, a more severe \n course of illness, and a greater likelihood of suicide and \n other poor outcomes.\n (5) Trauma exposure is generally prevalent in people who \n suffer from mental health and substance abuse problems, and can \n worsen the course and overall impact of these illnesses.\n (6) In a recent study, 97 percent of homeless women with \n mental illness were found to have experienced severe physical \n or sexual abuse and 87 percent experienced this abuse both as \n children and as adults.\n (7) Of women in prisons and jails, 80 to 100 percent have \n been victims of physical and sexual abuse.\n (8) The prevalence of violence- and trauma-related problems \n among women with mental health and substance abuse problems is \n not adequately addressed by most treatment practices.\n (9) There is an urgent need to provide services that \n directly address the issue of trauma for women suffering from \n mental health and substance abuse problems.\n (10) To improve mental health and substance abuse services \n for women, further research to expand the development and \n implementation of trauma-sensitive services is needed as well \n as additional services to improve access to comprehensive \n therapeutic interventions and to the support needed to overcome \n barriers to recovery.\n\nSEC. 3. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF TRAUMA.\n\n Subpart 3 of part B of title V of the Public Health Service Act (42 \nU.S.C. 290bb-31 et seq.) is amended by adding at the end the following:\n\n``SEC. 520K. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF \n TRAUMA.\n\n ``(a) Research Grants.--\n ``(1) Grants authorized.--\n ``(A) In general.--The Secretary, acting through \n the Director of the National Institute of Mental Health \n and in consultation with the Administrator of the \n Substance Abuse and Mental Health Services \n Administration, shall award grants, contracts, or \n cooperative agreements to public and nonprofit private \n entities, as well as Indian tribes and tribal \n organizations, for the purpose of building the evidence \n base for new treatment interventions that \n simultaneously address trauma, substance abuse, and \n psychiatric disorders, including depression and anxiety \n disorders (including post-traumatic stress disorder, \n psychotic and dissociative disorders) and the \n integration of existing interventions for the treatment \n of trauma, substance abuse, and psychiatric disorders, \n including depression and anxiety disorders (including \n post-traumatic stress disorder, psychotic and \n dissociative disorders).\n ``(B) Geographical distribution.--The Secretary \n shall ensure that grants, contracts, or cooperative \n agreements awarded pursuant to this paragraph are \n distributed equitably among regions of the country and \n among urban and rural areas.\n ``(C) Duration of awards.--Grants, contracts, or \n cooperative agreements awarded pursuant to this \n paragraph may not exceed 5 years. Such grants, \n contracts, or agreements may be renewed.\n ``(2) Application.--\n ``(A) In general.--Each entity desiring a grant \n under this subsection shall submit an application to \n the Secretary at such time, in such manner, and \n accompanied by such information as the Secretary may \n reasonably require.\n ``(B) Contents.--Each application submitted \n pursuant to subparagraph (A) shall--\n ``(i) describe the activities for which \n assistance under this subsection is sought; and\n ``(ii) demonstrate that the testing of \n treatment interventions will be carried out \n through community-based treatment programs.\n ``(3) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection, $50,000,000 \n for fiscal year 2003, and such sums as may be necessary for \n each fiscal year thereafter.\n ``(b) Treatment Grants.--\n ``(1) Grants authorized.--\n ``(A) In general.--The Secretary, acting through \n the Administrator of the Substance Abuse and Mental \n Health Services Administration, shall make grants to \n public and nonprofit private entities, including Indian \n tribes and tribal organizations, for the purpose of \n providing comprehensive community-based mental health \n and substance abuse services to women who have \n experienced a history of physical or sexual abuse, or \n other types of trauma.\n ``(B) Grantmaking considerations.--The Secretary \n shall ensure that--\n ``(i) grants awarded pursuant to this \n paragraph are distributed equitably among the \n regions of the country and among urban and \n rural areas; and\n ``(ii) preference is given to applicants \n with strong ties to minority communities and \n those that offer services that are culturally \n and linguistically appropriate.\n ``(C) Duration.--The Secretary shall award grants \n under this paragraph for a period not to exceed 5 \n years. Such grants may be renewed.\n ``(2) Technical assistance.--The Secretary, acting through \n the Administrator of the Substance Abuse and Mental Health \n Services Administration, shall provide technical assistance to \n entities awarded grants pursuant to paragraph (1) with respect \n to the implementation of programs described in paragraph (3).\n ``(3) Use of funds.--An entity awarded a grant pursuant to \n paragraph (1) shall--\n ``(A) establish and operate 1 or more \n multidisciplinary integrated systems of community-based \n care--\n ``(i) to include medical, social, and \n behavioral services for the simultaneous and \n coordinated treatment of trauma, substance \n abuse, and psychiatric disorders, including \n depression and anxiety disorders (including \n post-traumatic stress disorder, psychotic, and \n dissociative disorders);\n ``(ii) that specifically addresses the \n impact of trauma on the lives of women \n receiving services through the grant; and\n ``(iii) that may include services for \n children of women who are survivors of trauma;\n ``(B) establish avenues for the involvement of \n women who access the services described in subparagraph \n (A), in all phases of service delivery and design \n including in the development of individualized \n treatment plans;\n ``(C) offer specialized and structured treatment \n components addressing trauma that are culture- and \n gender-specific;\n ``(D) implement collaboration among public and \n private nonprofit entities likely to serve women with \n histories of trauma including rape and domestic \n violence programs, hospital emergency rooms, \n appropriate branches of the criminal justice system, \n low-income housing authorities, substance abuse and \n mental health service providers, consolidated health \n centers, battered women's shelters, and churches and \n other community-based organizations;\n ``(E) undertake aggressive outreach efforts to \n encourage women from minority communities, in \n particular, to participate; and\n ``(F) offer educational materials or training, \n through subparagraph (D) or other avenues, to agencies \n and community-based organizations that serve women with \n histories of trauma to increase awareness of the \n devastating impact of chronic exposures to traumatic \n experiences on women's mental health and of the need to \n address this impact in the context of mental health and \n substance abuse treatment.\n ``(4) Access to child care.--An entity awarded a grant \n pursuant to paragraph (1) may use grant funds to provide child \n care, either directly or through an off site, licensed child \n care provider, to women offered services under such grant to \n facilitate participation and address a primary barrier to care.\n ``(5) Application.--\n ``(A) In general.--Each entity desiring a grant \n under this subsection shall submit an application to \n the Secretary at such time, in such manner, and \n accompanied by such information as the Secretary may \n reasonably require.\n ``(B) Contents.--Each application submitted \n pursuant to subparagraph (A) shall--\n ``(i) describe the activities for which \n assistance under this subsection is sought; and\n ``(ii) describe a plan for the rigorous \n evaluation of such activities, including both \n process and outcome evaluation, and the \n submission of the evaluation at the end of the \n project period.\n ``(6) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection, $100,000,000 \n for fiscal year 2003, and such sums as may be necessary for \n each fiscal year thereafter.''.","summary":"Women in Trauma Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to award grants to build treatment interventions simultaneously addressing trauma, substance abuse and psychiatric disorders, including the integration of existing interventions. Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to make grants and provide technical assistance for the provision of comprehensive community-based mental health and substance abuse services to women with a history of physical or sexual abuse or other trauma. Targets minority community services. Requires such services to be multidisciplinary and provide coordinated and simultaneous treatment for multiple issues, be individualized as well as gender- and culture-specific, and include services for children, if needed. Authorizes the use of grant funds for childcare to facilitate participation.","title":"To amend the Public Health Service Act to improve treatment for the mental health and substance abuse needs of women with histories of trauma, including domestic and sexual violence.","text_len":12205,"sum_len":1044} {"bill_id":"111_s1180","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Executive Service Diversity \nAssurance Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) according to the most recent findings from the \n Government Accountability Office--\n (A) minorities made up 22.5 percent of the \n individuals serving at the GS-15 and GS-14 levels and \n 15.8 percent of the Senior Executive Service in 2007;\n (B) women made up 34.3 percent of the individuals \n serving at the GS-15 and GS-14 levels and 29.1 percent \n of the Senior Executive Service in 2007; and\n (C) although the number of career Senior Executive \n Service members increased from 6,110 in 2,000 to 6,555 \n in 2007, the representation of African-American men in \n the career Senior Executive Service declined during \n that same period from 5.5 percent to 5.0 percent; and\n (2) according to the Office of Personnel Management--\n (A) Black employees represented 6.1 percent of \n employees at the Senior Pay levels and 17.9 percent of \n the permanent Federal workforce compared to 10 percent \n in the civilian labor force in 2008;\n (B) Hispanic employees represented 4.0 percent of \n employees at the Senior Pay levels and 7.9 percent of \n the permanent Federal workforce compared to 13.2 \n percent of the civilian labor force in 2008; and\n (C) women represented 29.1 percent of employees at \n the Senior Pay levels and 44.2 percent of the permanent \n Federal workforce compared to 45.6 percent of the \n civilian labor force in 2008.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``Director'' means the Director of the Office \n of Personnel Management;\n (2) the term ``Senior Executive Service'' has the meaning \n given under section 2101a of title 5, United States Code;\n (3) the terms ``agency'', ``career appointee'', and \n ``career reserved position'' have the meanings given under \n section 3132 of title 5, United States Code; and\n (4) the term ``SES Resource Office'' means the Senior \n Executive Service Resource Office established under section 4.\n\nSEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.\n\n (a) Establishment.--Not later than 180 days after the date of the \nenactment of this Act, the Director shall establish within the Office \nof Personnel Management an office to be known as the Senior Executive \nService Resource Office.\n (b) Mission.--The mission of the SES Resource Office shall be to--\n (1) improve the efficiency, effectiveness, and productivity \n of the Senior Executive Service through policy formulation and \n oversight;\n (2) advance the professionalism of the Senior Executive \n Service; and\n (3) ensure that, in seeking to achieve a Senior Executive \n Service reflective of the Nation's diversity, recruitment is \n from qualified individuals from appropriate sources.\n (c) Functions.--\n (1) In general.--The functions of the SES Resource Office \n are to--\n (A) make recommendations to the Director with \n respect to regulations; and\n (B) provide guidance to agencies, concerning the \n structure, management, and diverse composition of the \n Senior Executive Service.\n (2) Specific functions.--In order to carry out the purposes \n of this section, the SES Resource Office shall--\n (A) take such actions as the SES Resource Office \n considers necessary to manage and promote an efficient, \n elite, and diverse corps of senior executives by--\n (i) creating policies for the management \n and improvement of the Senior Executive \n Service;\n (ii) providing oversight of the \n performance, structure, and composition of the \n Senior Executive Service; and\n (iii) providing guidance and oversight to \n agencies in the management of senior executives \n and candidates for the Senior Executive \n Service;\n (B) be responsible for the policy development, \n management, and oversight of the Senior Executive \n Service pay and performance management system;\n (C) develop standards for certification of each \n agency's Senior Executive Service performance \n management system and evaluate all agency applications \n for certification;\n (D) be responsible for coordinating, promoting, and \n monitoring programs for the advancement and training of \n senior executives, including the Senior Executive \n Service Federal Candidate Development Program;\n (E) provide oversight of, and guidance to, agency \n executive resources boards;\n (F) be responsible for the administration of the \n qualifications review board;\n (G) establish and maintain annual statistics (in a \n form that renders such statistics useful to appointing \n authorities and candidates) on--\n (i) the total number of career reserved \n positions at each agency;\n (ii) the total number of vacant career \n reserved positions at each agency;\n (iii) of the positions under clause (ii), \n the number for which candidates are being \n sought;\n (iv) the amount of time a career reserved \n position is vacant;\n (v) the amount of time it takes to hire a \n candidate into a career reserved position;\n (vi) the number of individuals who have \n been certified in accordance with section \n 3393(c) of title 5, United States Code, and the \n composition of that group of individuals with \n regard to race, ethnicity, sex, age, and \n individuals with disabilities;\n (vii) the composition of the Senior \n Executive Service with regard to race, \n ethnicity, sex, age, and individuals with \n disabilities;\n (viii) the composition of executive \n resources boards with regard to race, \n ethnicity, sex, and individuals with \n disabilities; and\n (ix) the composition of qualifications \n review boards with regard to race, ethnicity, \n sex, and individuals with disabilities;\n (H) make available to the public through the \n official public Internet site of the Office of \n Personnel Management, the data collected under \n subparagraph (G);\n (I) establish and promote mentoring programs for \n potential candidates for the Senior Executive Service, \n including candidates who have been certified as having \n the executive qualifications necessary for initial \n appointment as a career appointee under a program \n established under to section 3396(a) of title 5, United \n States Code;\n (J) conduct a continuing program for the \n recruitment of women, members of racial and ethnic \n minority groups, and individuals with disabilities for \n Senior Executive Service positions, with special \n efforts directed at recruiting from educational \n institutions, professional associations, and other \n sources;\n (K) advise agencies on the best practices for an \n agency in utilizing or consulting with an agency's \n equal employment or diversity office or official (if \n the agency has such an office or official) with regard \n to the agency's Senior Executive Service appointments \n process; and\n (L) evaluate and implement strategies to ensure \n that agencies conduct appropriate outreach to other \n agencies to identify candidates for Senior Executive \n Service positions.\n (d) Protection of Individually Identifiable Information.--For \npurposes of subsection (c)(2)(H), the SES Resource Office shall combine \ndata for any agency that is not named in section 901(b) of chapter 31, \nUnited States Code, to protect individually identifiable information.\n (e) Cooperation of Agencies.--The head of each agency shall provide \nthe Office of Personnel Management with such information as the SES \nResource Office may require in order to carry out subsection (c)(2)(G).\n (f) Staffing.--The Director of the Office of Personnel Management \nshall make such appointments as necessary to staff the SES Resource \nOffice.\n\nSEC. 5. CAREER APPOINTMENTS.\n\n (a) Promoting Diversity in the Career Appointments Process.--\nSection 3393(b) of title 5, United States Code, is amended by inserting \nafter the first sentence the following: ``In establishing an executive \nresources board, the head of the agency shall, to the extent \npracticable, ensure diversity of the board and of any subgroup thereof \nor other evaluation panel related to the merit staffing process for \ncareer appointees, by including members of racial and ethnic minority \ngroups, women, and individuals with disabilities.''.\n (b) Regulations.--Not later than 1 year after the date of the \nenactment of this Act, the Director shall promulgate regulations to \nimplement subsection (a).\n (c) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Director shall submit to the Committee on Homeland \nSecurity and Governmental Affairs of the Senate and the Committee on \nOversight and Government Reform of the House of Representatives a \nreport evaluating agency efforts to improve diversity in executive \nresources boards based on the information collected by the SES Resource \nOffice under section 4(c)(2)(G) (viii) and (ix).\n\nSEC. 6. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE.\n\n (a) Senior Executive Service Diversity Plans.--\n (1) In general.--Not later than 1 year after the date of \n the enactment of this Act, each agency, in consultation with \n the Office of Personnel Management and the Chief Human Capital \n Officers Council, shall submit to the Office of Personnel \n Management a plan to enhance and maximize opportunities for the \n advancement and appointment of minorities, women, and \n individuals with disabilities in the agency to the Senior \n Executive Service. Agency plans shall be reflected in the \n strategic human capital plan.\n (2) Contents.--Agency plans shall address how the agency is \n identifying and eliminating barriers that impair the ability of \n minorities, women, and individuals with disabilities to obtain \n appointments to the Senior Executive Service and any actions \n the agency is taking to provide advancement opportunities, \n including--\n (A) conducting outreach to minorities, women, and \n individuals within the agency and outside the agency;\n (B) establishing and maintaining training and \n education programs to foster leadership development;\n (C) identifying career enhancing opportunities for \n agency employees;\n (D) assessing internal availability of candidates \n for Senior Executive Service positions; and\n (E) conducting an inventory of employee skills and \n addressing current and potential gaps in skills and the \n distribution of skills.\n (3) Update of agency plans.--Agency plans shall be updated \n at least every 2 years during the 10 years following enactment \n of this Act. An agency plan shall be reviewed by the Office of \n Personnel Management and, if determined to provide sufficient \n assurances, procedures, and commitments to provide adequate \n opportunities for the advancement and appointment of \n minorities, women, and individuals with disabilities to the \n Senior Executive Service, shall be approved by such Office. An \n agency may, in updating its plan, submit to the Office of \n Personnel Management an assessment of the impacts of the plan.\n (b) Summary and Evaluation.--Not later than 180 days after the \ndeadline for the submission of any report or update under subsection \n(a), the Director shall transmit to the Committee on Homeland Security \nand Governmental Affairs of the Senate and the Committee on Oversight \nand Government Reform of the House of Representatives a report \nsummarizing and evaluating the agency plans or updates (as the case may \nbe) so submitted.\n (c) Coordination.--The Office of Personnel Management shall, in \ncarrying out subsection (a), evaluate existing requirements under \nsection 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and \nsection 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and \ndetermine how agency reporting can be performed so as to be consistent \nwith, but not duplicative of, such sections and any other similar \nrequirements.","summary":"Senior Executive Service Diversity Assurance Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish within OPM the Senior Executive Service Resource Office . Makes it the mission of the SES Resource Office to: (1) improve the efficiency, effectiveness, and productivity of the Senior Executive Service (SES) through policy formulation and oversight, (2) advance the professionalism of the SES. And (3) recruit qualified individuals from appropriate sources to ensure that the SES is reflective of the nation's diversity. Sets forth the functions of the SES Resource Office with respect to the management, training, oversight, and recruitment activities of the SES. Revises the career appointments recruiting process to require agency heads to ensure diversity of executive resources boards and any subgroup or other evaluation panel related to the merit staffing process for career appointees by including members of racial and ethnic minority groups, women, and individuals with disabilities. Requires each federal agency to submit to OPM a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities to the SES.","title":"A bill to provide for greater diversity within, and to improve policy direction and oversight of, the Senior Executive Service.","text_len":14449,"sum_len":1226} {"bill_id":"115_hr2390","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``PLO Accountability Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Palestine Liberation Organization (PLO) Mission \n office, representing the PLO, and by extension, the Palestinian \n Authority (PA), in Washington, DC, was opened in 1994 in order \n to implement the Oslo Accords, which initiated direct \n negotiations between the PLO and the Government of Israel.\n (2) Section 1003 of the Anti-Terrorism Act of 1987 (Public \n Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish \n or maintain an office, headquarters, premises, or other \n facilities or establishments within the jurisdiction of the \n United States at the behest or direction of, or with funds \n provided by the Palestine Liberation Organization or any of its \n constituent groups, any successor to any of those, or any \n agents thereof''.\n (3) Using various authorities, the executive branch has \n waived the provisions of section 1003 of the Anti-Terrorism Act \n of 1987.\n (4) Article XXXI, clause 7, of the Israeli-Palestinian \n Interim Agreement on the Status of the West Bank and the Gaza \n Strip (September 28, 1995) states that ``Neither side shall \n initiate or take any step that will change the status of the \n West Bank and the Gaza Strip pending the outcome of the \n permanent status negotiations''.\n (5) In January 2009, the PLO sent a declaration to the \n International Criminal Court under Article 12(3) of the Rome \n Statute of the International Criminal Court on behalf of the \n Palestinian Authority.\n (6) On October 31, 2011, the United Nations Educational, \n Scientific and Cultural Organization (UNESCO) voted to admit \n the ``State of Palestine'' as its 195th full member. Since \n being admitted, the Palestinians have used UNESCO to pass anti-\n Israel resolutions, including a recent effort to deny the \n historical connection of the Jewish people to holy sites \n including the Temple Mount and Western Wall in Jerusalem.\n (7) On November 29, 2012, the United Nations General \n Assembly voted to accord the ``State of Palestine'' status as a \n nonmember observer State at the United Nations.\n (8) On April 2, 2014, the PLO joined the Geneva Conventions \n as well as 13 other organizations.\n (9) On January 2, 2015, the PLO acceded to the Rome \n Statute, and on January 16, 2015, the Prosecutor of the \n International Criminal Court opened a ``preliminary examination \n of the situation in Palestine'' after accepting jurisdiction of \n the International Criminal Court over ``alleged crimes \n committed in the occupied Palestinian territory, including East \n Jerusalem, since June 13, 2014''.\n (10) The PLO's decision to accede to the Rome Statute as \n well as several international organizations is an attempt to \n change the status of the West Bank and the Gaza Strip outside \n of direct negotiations between the Israelis and Palestinians.\n (11) On January 7, 2015, the Department of State's Office \n of the Spokesperson stated, ``we have made clear our opposition \n to Palestinian action in seeking to join the Rome Statute of \n the International Criminal Court''.\n (12) On April 1, 2015, the ``State of Palestine'' \n officially became a member of the International Criminal Court.\n (13) The PLO and PA continue to engage in incitement and \n glorify terrorism, and reward terrorists, their families, and \n the families of those who died committing terrorist attacks \n with roughly $300,000,000 annually in salaries and benefits, \n providing a higher reward to those with longer jail sentences.\n (14) On August 30, 2016, Deputy Secretary of State, Anthony \n J. Blinken, submitted to Congress a report as required under \n section 804(b) of the Foreign Relations Authorization Act, \n Fiscal Years 1990 and 1991 (Public Law 101-246), sections 603 \n and 604 of the Middle East Peace Commitments Act of 2002 \n (subtitle A of title VI of Public Law 107-228), and section 699 \n of the Foreign Relations Authorization Act, Fiscal Year 2003 \n (Public Law 107-228).\n (15) In this report, Deputy Secretary of State Blinken, \n acting under authority delegated to him as Deputy Secretary \n pursuant to the President's Delegation of Functions on April \n 30, 2009, made the determination that ``the PLO and PA are not \n in compliance with certain commitments to prevent violations, \n discipline violators, and assume responsibility over all PLO \n elements . . . thus the sanction specified in section 604(a)(2) \n of [Public Law 107-228], calling for a downgrade in status of \n the PLO office in Washington, DC, has been imposed''.\n (16) On January 31, 2017, then Acting Secretary of State, \n Thomas Shannon, pursuant to the President's Delegation of \n Functions dated April 30, 2009, submitted to Congress a similar \n report to Congress as required under section 804(b) of the \n Foreign Relations Authorization Act, Fiscal Years 1990 and \n 1991, sections 603 and 604 of the Middle East Peace Commitments \n Act of 2002, and section 699 of the Foreign Relations \n Authorization Act, Fiscal Year 2003, in which the same \n determination was made that the PLO and PA are not in \n compliance with their commitments, and imposed the same \n sanction of a downgrade in the status of the PLO office in \n Washington, DC.\n (17) In both the August 30, 2016, and January 31, 2017, \n reports, the sanctions were immediately waived.\n (18) Section 604(a) of the Foreign Relations Authorization \n Act, Fiscal Year 2003 requires that if the President determines \n that the PLO or the Palestinian Authority has not complied with \n each of the commitments specified in such section, the \n President shall impose one or more of the following sanctions:\n (A) The denial of visas to PLO and PA officials.\n (B) The downgrade in status of the PLO office in \n the United States.\n (C) The designation as a foreign terrorist \n organization of the PLO, or one or more of its \n constituent groups (including Fatah).\n (D) The prohibition on United States assistance to \n the West Bank and Gaza (except humanitarian \n assistance).\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the Palestine Liberation Organization (PLO) has failed \n to live up to its commitment to a bilateral peace process with \n Israel, renounce violence, accept Israel's right to exist, \n honor previous diplomatic agreements made by the Palestinians, \n and continues to circumvent a negotiated settlement with Israel \n by seeking unilateral statehood at the United Nations and from \n other countries, actively endorsing terror, and supporting \n boycotts, divestments, and sanctions (BDS) against Israel;\n (2) the Palestinian initiation of an International Criminal \n Court preliminary examination, investigation, or active support \n for such an investigation, that subjects Israeli nationals to \n an investigation for alleged crimes against Palestinians, is \n part of a deliberate effort to engage in diplomatic, legal \n warfare against Israel and would violate the Palestinians' \n commitment to not change the status of the West Bank and Gaza \n Strip;\n (3) the only path towards solving the conflict is through \n direct negotiations between Israel and the Palestinians;\n (4) the Palestinians should not turn to outside parties, \n including international organizations, to impose or otherwise \n influence a solution;\n (5) it is in the national security interests of the United \n States to close down the PLO office in Washington, DC; and\n (6) the executive branch should avail itself of the range \n of sanctions as allowed under the authority to impose sanctions \n under section 604 of the Foreign Relations Authorization Act, \n Fiscal Year 2003 (Public Law 107-228) in order to hold the \n Palestinian leadership accountable.\n\nSEC. 4. PROHIBITIONS REGARDING THE PALESTINE LIBERATION ORGANIZATION \n UNDER THE ANTI-TERRORISM ACT OF 1987.\n\n Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is \namended--\n (1) by striking ``It shall be unlawful'' and inserting \n ``(a) In General.--It shall be unlawful''; and\n (2) by adding at the end the following:\n ``(b) Waiver.--Notwithstanding any other provision of law, \nincluding section 604 of the Foreign Relations Authorization Act, \nFiscal Year 2003 (Public Law 107-228), the President may waive for a \nperiod of not more than 6 months the provisions of subsection (a) if \nthe President determines and certifies in writing to Congress, not \nlater than 45 days before the waiver is to take effect, that--\n ``(1)(A) the Palestinians have not, on or after January 1, \n 2017, obtained in the United Nations or any specialized agency \n thereof the same standing as member states or full membership \n as a state outside an agreement negotiated between Israel and \n the Palestinians;\n ``(B) the Palestinians have officially ceased to be members \n of the International Criminal Court (ICC) and have withdrawn \n from the Rome Statute of the International Criminal Court;\n ``(C) any preliminary examination or ongoing investigation \n against Israel, the Government of Israel, the Israeli Armed or \n Security Forces, or any Israeli national initiated by, or on \n behalf of, the Palestinians, or referred to the ICC by a state \n party, the United Nations Security Council, or a Pre-Trial \n Chamber has been withdrawn and terminated;\n ``(D) the PLO and the Palestinian Authority no longer \n provide any financial award, payment, salary or benefit to \n Palestinians who have committed terrorist attacks, their \n families, or the families of those who died committing acts of \n terrorism;\n ``(E) the PLO and the Palestinian Authority has ceased to \n engage in a pattern of incitement against or with respect to \n the United States or Israel; or\n ``(2) the Palestinians have entered into a final negotiated \n peace agreement with, and have ceased all hostilities against, \n Israel.\n ``(c) Definition.--In subsection (b)(1)(E), the term `incitement' \nmeans to advocate, endorse, or express support for violence, martyrdom, \nor terrorism, or glorify, honor, or otherwise memorialize any person or \ngroup that has advocated, sponsored, or committed acts of terrorism, \nincluding the naming after or dedication to such person or group of any \nschool, community center, camp, sports team, stadium, public square, \nstreet, land, landmark, waterway, or other facility.''.","summary":"PLO Accountability Act of 2017 This bill amends the Anti-Terrorism Act of 1987 to authorize the President to waive for up to six months the prohibition against establishment or maintenance of Palestine Liberation Organization (PLO) offices, headquarters, premises, or other facilities within US jurisdiction if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after January 1, 2017, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians. The Palestinians have officially ceased to be International Criminal Court (ICC) members and have withdrawn from the Rome Statute of the ICC. Any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated. The PLO and the Palestinian Authority (PA) no longer provide financial awards, payments, salaries, or benefits to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism. And the PLO and the PA have ceased to engage in a pattern of incitement against the United States or Israel.","title":"PLO Accountability Act of 2017","text_len":11710,"sum_len":1301} {"bill_id":"112_s3614","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Assistance for Veterans Act \nof 2012'' or the ``HAVEN Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Disabled.--The term ``disabled'' means an individual \n with a disability, as defined by section 12102 of title 42, \n United States Code.\n (2) Eligible veteran.--The term ``eligible veteran'' means \n a disabled or low-income veteran.\n (3) Energy efficient features or equipment.--The term \n ``energy efficient features or equipment'' means features of, \n or equipment in, a primary residence that help reduce the \n amount of electricity used to heat, cool, or ventilate such \n residence, including insulation, weatherstripping, air sealing, \n heating system repairs, duct sealing, or other measures.\n (4) Low-income veteran.--The term ``low-income veteran'' \n means a veteran whose income does not exceed 80 percent of the \n median income for an area, as determined by the Secretary.\n (5) Nonprofit organization.--The term ``nonprofit \n organization'' means an organization that is--\n (A) described in section 501(c)(3) or 501(c)(19) of \n the Internal Revenue Code of 1986; and\n (B) exempt from tax under section 501(a) of such \n Code.\n (6) Primary residence.--\n (A) In general.--The term ``primary residence'' \n means a single family house, a duplex, or a unit within \n a multiple-dwelling structure that is an eligible \n veteran's principal dwelling and is owned by such \n veteran or a family member of such veteran.\n (B) Family member defined.--For purposes of this \n paragraph, the term ``family member'' includes--\n (i) a spouse, child, grandchild, parent, or \n sibling;\n (ii) a spouse of such a child, grandchild, \n parent, or sibling; or\n (iii) any individual related by blood or \n affinity whose close association with a veteran \n is the equivalent of a family relationship.\n (7) Qualified organization.--The term ``qualified \n organization'' means a nonprofit organization that provides \n nationwide or State-wide programs that primarily serve veterans \n or low-income individuals.\n (8) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (9) Veteran.--The term ``veteran'' has the same meaning as \n given such term in section 101 of title 38, United States Code.\n (10) Veterans service organization.--The term ``veterans \n service organization'' means any organization recognized by the \n Secretary of Veterans Affairs for the representation of \n veterans under section 5902 of title 38, United States Code.\n\nSEC. 3. ESTABLISHMENT OF A PILOT PROGRAM.\n\n (a) Grant.--\n (1) In general.--The Secretary shall establish a pilot \n program to award grants to qualified organizations to \n rehabilitate and modify the primary residence of eligible \n veterans.\n (2) Coordination.--The Secretary shall work in conjunction \n with the Secretary of Veterans Affairs to establish and oversee \n the pilot program and to ensure that such program meets the \n needs of eligible veterans.\n (3) Maximum grant.--A grant award under the pilot program \n to any one qualified organization shall not exceed $1,000,000 \n in any one fiscal year, and such an award shall remain \n available until expended by such organization.\n (b) Application.--\n (1) In general.--Each qualified organization that desires a \n grant under the pilot program shall submit an application to \n the Secretary at such time, in such manner, and, in addition to \n the information required under paragraph (2), accompanied by \n such information as the Secretary may reasonably require.\n (2) Contents.--Each application submitted under paragraph \n (1) shall include--\n (A) a plan of action detailing outreach \n initiatives;\n (B) the approximate number of veterans the \n qualified organization intends to serve using grant \n funds;\n (C) a description of the type of work that will be \n conducted, such as interior home modifications, energy \n efficiency improvements, and other similar categories \n of work; and\n (D) a plan for working with the Department of \n Veterans Affairs and veterans service organizations to \n identify veterans and serve their needs.\n (3) Preferences.--In awarding grants under the pilot \n program, the Secretary shall give preference to a qualified \n organization--\n (A) with experience in providing housing \n rehabilitation and modification services for disabled \n veterans; or\n (B) that proposes to provide housing rehabilitation \n and modification services for eligible veterans who \n live in rural areas (the Secretary, through \n regulations, shall define the term ``rural areas'').\n (c) Criteria.--In order to receive a grant award under the pilot \nprogram, a qualified organization shall meet the following criteria:\n (1) Demonstrate expertise in providing housing \n rehabilitation and modification services for disabled or low-\n income individuals for the purpose of making the homes of such \n individuals accessible, functional, and safe for such \n individuals.\n (2) Have established outreach initiatives that--\n (A) would engage eligible veterans and veterans \n service organizations in projects utilizing grant funds \n under the pilot program; and\n (B) identify eligible veterans and their families \n and enlist veterans involved in skilled trades, such as \n carpentry, roofing, plumbing, or HVAC work.\n (3) Have an established nationwide or State-wide network of \n affiliates that are--\n (A) nonprofit organizations; and\n (B) able to provide housing rehabilitation and \n modification services for eligible veterans.\n (4) Have experience in successfully carrying out the \n accountability and reporting requirements involved in the \n proper administration of grant funds, including funds provided \n by private entities or Federal, State, or local government \n entities.\n (d) Use of Funds.--A grant award under the pilot program shall be \nused--\n (1) to modify and rehabilitate the primary residence of an \n eligible veteran, and may include--\n (A) installing wheelchair ramps, widening exterior \n and interior doors, reconfigurating and re-equipping \n bathrooms (which includes installing new fixtures and \n grab bars), removing doorway thresholds, installing \n special lighting, adding additional electrical outlets \n and electrical service, and installing appropriate \n floor coverings to--\n (i) accommodate the functional limitations \n that result from having a disability; or\n (ii) if such residence does not have \n modifications necessary to reduce the chances \n that an elderly, but not disabled person, will \n fall in their home, reduce the risks of such an \n elderly person from falling;\n (B) rehabilitating such residence that is in a \n state of interior or exterior disrepair; and\n (C) installing energy efficient features or \n equipment if--\n (i) an eligible veteran's monthly utility \n costs for such residence is more than 5 percent \n of such veteran's monthly income; and\n (ii) an energy audit of such residence \n indicates that the installation of energy \n efficient features or equipment will reduce \n such costs by 10 percent or more;\n (2) in connection with modification and rehabilitation \n services provided under the pilot program, to provide \n technical, administrative, and training support to an affiliate \n of a qualified organization receiving a grant under such pilot \n program; and\n (3) for other purposes as the Secretary may prescribe \n through regulations.\n (e) Oversight.--The Secretary shall direct the oversight of the \ngrant funds for the pilot program so that such funds are used \nefficiently until expended to fulfill the purpose of addressing the \nadaptive housing needs of eligible veterans.\n (f) Matching Funds.--\n (1) In general.--A qualified organization receiving a grant \n under the pilot program shall contribute towards the housing \n modification and rehabilitation services provided to eligible \n veterans an amount equal to not less than 50 percent of the \n grant award received by such organization.\n (2) In-kind contributions.--In order to meet the \n requirement under paragraph (1), such organization may arrange \n for in-kind contributions.\n (g) Limitation Cost to the Veterans.--A qualified organization \nreceiving a grant under the pilot program shall modify or rehabilitate \nthe primary residence of an eligible veteran at no cost to such veteran \n(including application fees) or at a cost such that such veteran pays \nno more than 30 percent of his or her income in housing costs during \nany month.\n (h) Reports.--\n (1) Annual report.--The Secretary shall submit to Congress, \n on an annual basis, a report that provides, with respect to the \n year for which such report is written--\n (A) the number of eligible veterans provided \n assistance under the pilot program;\n (B) the socioeconomic characteristics of such \n veterans, including their gender, age, race, and \n ethnicity;\n (C) the total number, types, and locations of \n entities contracted under such program to administer \n the grant funding;\n (D) the amount of matching funds and in-kind \n contributions raised with each grant;\n (E) a description of the housing rehabilitation and \n modification services provided, costs saved, and \n actions taken under such program;\n (F) a description of the outreach initiatives \n implemented by the Secretary to educate the general \n public and eligible entities about such program;\n (G) a description of the outreach initiatives \n instituted by grant recipients to engage eligible \n veterans and veteran service organizations in projects \n utilizing grant funds under such program;\n (H) a description of the outreach initiatives \n instituted by grant recipients to identify eligible \n veterans and their families; and\n (I) any other information that the Secretary \n considers relevant in assessing such program.\n (2) Final report.--Not later than 6 months after the \n completion of the pilot program, the Secretary shall submit to \n Congress a report that provides such information that the \n Secretary considers relevant in assessing the pilot program.\n (i) Authorization of Appropriations.--There are authorized to be \nappropriated for carrying out this Act $4,000,000 for each of fiscal \nyears 2013 through 2017.","summary":"Housing Assistance for Veterans Act of 2012 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans . Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50 matching funds by participating organizations.","title":"A bill to establish a pilot program to authorize the Secretary of Housing and Urban Development to make grants to nonprofit organizations to rehabilitate and modify homes of disabled and low-income veterans.","text_len":12660,"sum_len":557} {"bill_id":"106_hr4738","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be cited as the ``Immigrant Labor Policy Review Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The unemployment rate in the United States is at a \n record low.\n (2) Many industries in the United States, including \n agriculture, tourism, construction, nursing, information \n technology, and other portions of the service sector, are \n experiencing labor shortages.\n (3) The inability to secure sufficient workers is having a \n detrimental impact on the economy of the United States and the \n standard of living for all people in the United States.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the High Level \nCommission on Immigrant Labor Policy (hereinafter in this Act referred \nto as the ``Commission'').\n\nSEC. 4. DUTIES.\n\n (a) In General.--The Commission shall study the interactions \nbetween Federal immigration policy and the labor markets for aliens in \nthe United States, including the following subjects:\n (1) The adequacy of the supply of labor in the United \n States and whether this supply needs to be further supplemented \n with alien workers.\n (2) The extent to which employers in the United States rely \n upon the employment of a temporary workforce.\n (3) The economic impact and desirability of maintaining \n statutory caps on nonimmigrant workers.\n (4) The extent to which employers in the United States rely \n upon the employment of a workforce that includes or consists of \n aliens who unlawfully enter or remain in the United States.\n (5) The extent of unemployment and underemployment of \n workers who are United States citizens or aliens lawfully \n admitted to the United States for permanent residence.\n (6) The effectiveness of United States labor policies in \n stopping the flow into the United States of illegal immigrants.\n (7) Any other subject necessary to permit the Commission to \n prepare the reports required under section 8.\n (b) Consultation.--In conducting the study, the Commission shall \nconsult with migrant labor groups, nonprofit organizations, labor \nunions, pertinent business and agriculture associations and \norganizations, State Governors, law enforcement associations and \norganizations, and relevant executive branch agencies and congressional \ncommittees.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall consist of 12 \nmembers, to be appointed as follows:\n (1) 6 to be appointed by the President.\n (2) 3 to be appointed by the Speaker of the House of \n Representatives.\n (3) 3 to be appointed by the President pro tempore of the \n Senate.\n (b) Consultations.--In making appointments under subsection (a)(1), \nthe President shall consult with--\n (1) the Attorney General in appointing 1 member;\n (2) the Chairman of the Federal Reserve Board in appointing \n 1 member;\n (3) the Secretary of Commerce in appointing 2 members; and\n (4) the Secretary of Agriculture in appointing 2 members.\n (c) Terms.--Each member of the Commission shall be appointed for \nthe life of the Commission.\n (d) Vacancies.--A vacancy in the Commission shall be filled in the \nmanner in which the original appointment was made.\n (e) Chairperson.--The Chairman of the Federal Reserve Board (or the \nChairman of the Federal Reserve Board's designee) shall serve as the \nchairperson of the Commission until such time as the members of the \nCommission can elect a chairperson.\n (f) Basic Pay.--Each member shall serve without pay. Each member \nshall receive travel expenses, including per diem in lieu of \nsubsistence, in accordance with sections 5702 and 5703 of title 5, \nUnited States Code.\n (g) Quorum.--A majority of the members shall constitute a quorum \nfor the transaction of business.\n (h) Meetings.--The Commission shall meet at the call of the \nchairperson.\n\nSEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.\n\n (a) Director.--The Commission shall have a director who shall be \nappointed by the chairperson subject to rules prescribed by the \nCommission.\n (b) Staff.--Subject to rules prescribed by the Commission, the \nchairperson may appoint and fix the pay of such additional personnel as \nthe chairperson considers appropriate.\n (c) Applicability of Certain Civil Service Laws.--The director and \nstaff of the Commission may be appointed without regard to title 5, \nUnited States Code, governing appointments in the competitive service, \nand may be paid without regard to the requirements of chapter 51 and \nsubchapter III of chapter 53 of such title relating to classification \nand General Schedule pay rates, except that an individual so appointed \nmay not receive pay in excess of the maximum annual rate of basic pay \npayable for GS-15 of the General Schedule.\n (d) Experts and Consultants.--The chairperson may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code, at rates for individuals not to exceed the daily \nequivalent of the maximum annual rate of basic pay payable for GS-15 of \nthe General Schedule.\n (e) Staff of Federal Agencies.--Upon request of the chairperson, \nthe head of any Federal agency may detail, on a reimbursable basis, any \nof the personnel of the agency to the Commission to assist the \nCommission in carrying out its duties.\n\nSEC. 7. POWERS.\n\n (a) Obtaining Official Data.--The chairperson may secure directly \nfrom any Federal agency information necessary to enable the Commission \nto carry out its duties. Upon request of the chairperson, the head of \nthe agency shall furnish such information to the Commission to the \nextent such information is not prohibited from disclosure by law.\n (b) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other Federal agencies.\n (c) Administrative Support Services.--Upon the request of the \nchairperson, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its duties.\n (d) Contract Authority.--The chairperson may contract with and \ncompensate government and private agencies or persons for the purpose \nof conducting research, surveys, and other services necessary to enable \nthe Commission to carry out its duties.\n\nSEC. 8. REPORTS.\n\n (a) Interim Report.--Not later than 6 months after the date of the \nenactment of this Act, the Commission shall prepare and submit to the \nPresident and the Congress an interim report on the following:\n (1) The overall effectiveness of Federal immigration and \n labor laws and policies in--\n (A) protecting jobs held by citizens and nationals \n of the United States, aliens who are lawfully admitted \n to the United States for permanent residence, aliens \n who are admitted as refugees or are granted asylum, and \n other immigrants otherwise authorized to be employed in \n the United States;\n (B) preventing exploitation of alien immigrant and \n nonimmigrant workers;\n (C) reducing the number of illegal border crossings \n into the United States; and\n (D) reducing the numbers of aliens unlawfully \n employed in the United States.\n (2) The impact of statutory numerical limitations on the \n entry of immigrants and nonimmigrants into the United States on \n the achievement of the goals described in subparagraphs (A) \n through (D) of paragraph (1).\n (3) The impact of recent measures undertaken in border \n areas to deter illegal border crossings on the achievement of \n such goals.\n (4) The impact of Federal alien labor laws and policies on \n the overall economic performance within the United States and \n economic performance within the following sectors:\n (A) Agriculture.\n (B) Tourism and service.\n (C) Construction.\n (D) Nursing and health care.\n (E) Apparel.\n (F) Information technology.\n (b) Final Report.--Not later than 1 year after the date of the \nenactment of this Act, the Commission shall prepare and submit to the \nPresident and the Congress a final report that contains at least the \nfollowing:\n (1) Information that updates the findings reported in the \n interim report on each of the issues described in paragraphs \n (1) through (4) of subsection (a).\n (2) Recommendations for actions that the Commission \n considers necessary--\n (A) to curb illegal border crossings into the \n United States;\n (B) to curb unlawful employment of aliens in the \n United States;\n (C) to ensure adequate protection of the workers \n described in subsection (a)(1)(A); and\n (D) to ensure a stable and steady workforce for \n industry in the United States.\n (3) The viability of expanding the agricultural guest \n worker program established under section 101(a)(15)(H)(ii)(a) \n of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. \n 1188) to any or all of the following United States industries:\n (A) Tourism and service.\n (B) Construction.\n (C) Nursing and health care.\n (D) Apparel.\n (E) Information technology.\n (4) Recommendations for any additional actions that the \n Commission determines would improve Federal immigration or \n labor laws or policies.\n (5) Any other related information that the Commission \n considers to be appropriate.\n\nSEC. 9. TERMINATION.\n\n The Commission shall terminate 6 months after the date on which the \nCommission submits its final report under section 8(b).\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act, which sums shall remain available \nuntil expended.","summary":"Terminates the Commission six months after submission of its final report. Authorizes appropriations.","title":"Immigrant Labor Policy Review Act","text_len":10688,"sum_len":101} {"bill_id":"108_s1470","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Literacy and Education \nCoordinating Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there is substantial evidence that many Americans do \n not have an adequate basis for making sound decisions about \n personal and household finances;\n (2) financial education could play a critical role in \n equipping consumers with the knowledge to make wise decisions, \n especially for lower income consumers and those underserved by \n the mainstream financial system;\n (3) an increased awareness of the availability of credit \n scores and credit reports, the process of accessing them, their \n significance in obtaining credit, and their effects on credit \n terms, are of paramount importance to consumers;\n (4) easily accessible and affordable resources which inform \n and educate investors as to their rights and avenues of \n recourse should be provided when an investor believes his or \n her rights have been violated by unprofessional conduct of \n market intermediaries;\n (5) a basic understanding of the operation of the financial \n services industry would help consumers and their families to \n make more informed choices about how best to progress \n economically, avoid harmful personal debt, avoid discriminatory \n and predatory practices, invest wisely, develop financial \n planning skills necessary for maximizing short- and long-term \n financial well being, and better prepare for retirement;\n (6) comprehensive financial education would help to provide \n individuals with the necessary tools to create household \n budgets, initiate savings plans, manage debt, and make \n strategic investment decisions for education, retirement, home \n ownership, or other savings goals; and\n (7) improved financial decision making, not simply more \n knowledge, should be the primary financial education goal.\n\nSEC. 3. FINANCIAL LITERACY AND EDUCATION COORDINATING COMMITTEE.\n\n (a) Establishment.--The Secretary of the Treasury shall establish \nwithin the Office of Financial Education of the Department of the \nTreasury, the Financial Literacy and Education Coordinating Committee \n(in this Act referred to as the ``Committee'').\n (b) Purposes.--The purposes of the Committee shall be--\n (1) to coordinate financial literacy and education efforts \n among Federal departments and agencies;\n (2) to develop and implement a national strategy to promote \n basic financial literacy and education among all Americans;\n (3) to reduce overlap and duplication in Federal financial \n literacy and education activities;\n (4) to identify the most effective types of public sector \n financial literacy programs and techniques, as measured by \n improved consumer decision making;\n (5) to coordinate and promote financial literacy efforts at \n the State and local level, including partnerships among \n Federal, State, and local governments, nonprofit organizations, \n and private enterprises; and\n (6) to carry out such other duties as are deemed to be \n appropriate, consistent with this Act.\n\nSEC. 4. COMMITTEE DUTIES.\n\n (a) In General.--The Committee shall--\n (1) not later than 1 year after the date of enactment of \n this Act, develop a national strategy to promote basic \n financial literacy among all American consumers;\n (2) coordinate Federal efforts to implement the strategy \n developed under paragraph (1);\n (3) not later than 1 year after the date of enactment of \n this Act, and annually thereafter, submit a report to the \nCommittee on Banking, Housing, and Urban Affairs of the Senate and the \nCommittee on Financial Services of the House of Representatives \nregarding actions taken and progress made by the Committee in carrying \nout this Act during the reporting period, and any challenges remaining \nto implementation of such purposes; and\n (4) provide testimony by the chairperson of the Committee \n to either Committee referred to in paragraph (3), upon request.\n (b) Strategy.--The strategy to promote basic financial literacy \nrequired to be developed under subsection (a)(1) shall provide for--\n (1) participation by State and local governments and \n private, nonprofit, and public institutions in the creation and \n implementation of such strategy;\n (2) the development of methods--\n (A) to increase the general financial education \n level of current and future consumers of financial \n services and products; and\n (B) to enhance the general understanding of \n financial services and products;\n (3) review of Federal activities designed to promote \n financial literacy and education and development of a plan to \n improve coordination of such activities;\n (4) the identification of areas of overlap and duplication \n among Federal financial literacy and education activities and \n proposed means of eliminating any such overlap and duplication; \n and\n (5) a proposal to the President of a Federal financial \n literacy and education budget that supports such strategy and \n eliminates funding for such areas of overlap and duplication.\n\nSEC. 5. COMMITTEE MEMBERSHIP.\n\n (a) Composition.--The Committee shall be comprised of--\n (1) the Secretary of the Treasury, who shall serve as the \n chairperson of the Committee; and\n (2) a representative from--\n (A) each Federal banking agency (as defined in \n section 3 of the Federal Deposit Insurance Act), the \n National Credit Union Administration, the Securities \n and Exchange Commission, each of the Departments of \n Education, Agriculture, Defense, Health and Human \n Services, Labor, and Veterans Affairs, the Social \n Security Administration, the Federal Trade Commission, \n the Commodity Futures Trading Commission, and the \n Office of Personnel Management; and\n (B) a representative from any other department or \n agency that the Secretary determines to be engaged in a \n serious effort to improve financial literacy and \n education.\n (b) Assistance.--The Director of the Office of Financial Education \nof the Department of the Treasury shall provide to the Committee, upon \nrequest, such assistance as may be necessary.\n (c) Member Qualifications.--Members of the Committee shall be \nappointed by the heads of their respective departments or agencies. \nEach member and each alternate designated by any member unable to \nattend a meeting of the Committee, shall be an individual who exercises \nsignificant decisionmaking authority.\n (d) Meetings.--Meetings of the Committee shall occur not less \nfrequently than quarterly, and at the call of the chairperson.\n (e) Consultation.--The Committee shall consult with private and \nnonprofit organizations and State and local agencies, as determined \nappropriate by the chairperson and the Committee.","summary":"Financial Literacy and Education Coordinating Act of 2003 - Directs the Secretary of the Treasury to establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee to: (1) coordinate Federal financial literacy and education efforts. (2) develop and implement a national strategy to promote basic financial literacy and education among all Americans. (3) reduce overlap and duplication in Federal financial literacy and education activities. (4) identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making. And (5) coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises.","title":"A bill to establish the Financial Literacy and Education Coordinating Committee within the Department of the Treasury to improve the state of financial literacy and education among American consumers.","text_len":7580,"sum_len":878} {"bill_id":"107_hr1352","text":"SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION \n RELATING TO BUY AMERICAN REQUIREMENTS.\n\n (a) Buy American Requirements.--(1) Chapter 148 of title 10, United \nStates Code, is amended by inserting after section 2533 the following \nnew section:\n``Sec. 2533a. Requirement to buy certain articles from American \n sources; exceptions\n ``(a) Requirement.--Except as provided in subsections (c) through \n(g), funds appropriated or otherwise available to the Department of \nDefense may not be used for the procurement of an item described in \nsubsection (b) if the item is not grown, reprocessed, reused, or \nproduced in the United States.\n ``(b) Covered Items.--An item referred to in subsection (a) is any \nof the following:\n ``(1) An article or item of--\n ``(A) food;\n ``(B) clothing;\n ``(C) tents, tarpaulins, or covers;\n ``(D) cotton and other natural fiber products, \n woven silk or woven silk blends, spun silk yarn for \n cartridge cloth, synthetic fabric or coated synthetic \n fabric (including all textile fibers and yarns that are \n for use in such fabrics), canvas products, or wool \n (whether in the form of fiber or yarn or contained in \n fabrics, materials, or manufactured articles); or\n ``(E) any item of individual equipment manufactured \n from or containing such fibers, yarns, fabrics, or \n materials.\n ``(2) Specialty metals, including stainless steel flatware.\n ``(3) Hand or measuring tools.\n ``(c) Exception.--The Secretary of Defense or the Secretary of the \nmilitary department concerned may waive the requirement in subsection \n(a)--\n ``(1) if such Secretary determines that satisfactory \n quality and sufficient quantity of any such article or item \n described in subsection (b)(1) or specialty metals (including \n stainless steel flatware) grown, reprocessed, reused, or \n produced in the United States cannot be procured as and when \n needed at United States market prices;\n ``(2) such Secretary has notified the Committees on \n Appropriations, Armed Services, and Small Business of the House \n of Representatives and the Senate; and\n ``(3) 30 days have elapsed since the date of the \n notification of such committees.\n ``(d) Exception for Certain Procurements Outside the United \nStates.--Subsection (a) does not apply to the following:\n ``(1) Procurements outside the United States in support of \n combat operations.\n ``(2) Procurements by vessels in foreign waters.\n ``(3) Emergency procurements or procurements of perishable \n foods by an establishment located outside the United States for \n the personnel attached to such establishment.\n ``(e) Exception for Specialty Metals and Chemical Warfare \nProtective Clothing.--Subsection (a) does not preclude the procurement \nof specialty metals or chemical warfare protective clothing produced \noutside the United States if--\n ``(1) such procurement is necessary--\n ``(A) to comply with agreements with foreign \n governments requiring the United States to purchase \n supplies from foreign sources for the purposes of \n offsetting sales made by the United States Government \n or United States firms under approved programs serving \n defense requirements; or\n ``(B) in furtherance of agreements with foreign \n governments in which both such governments agree to \n remove barriers to purchases of supplies produced in \n the other country or services performed by sources of \n the other country; and\n ``(2) any such agreement with a foreign government \n complies, where applicable, with the requirements of section 36 \n of the Arms Export Control Act (22 U.S.C. 2776) and with \n section 2457 of this title.\n ``(f) Exception for Certain Foods.--Subsection (a) does not \npreclude the procurement of foods manufactured or processed in the \nUnited States.\n ``(g) Exception for Small Purchases.--Subsection (a) does not apply \nto purchases for amounts not greater than the simplified acquisition \nthreshold referred to in section 2304(g) of this title.\n ``(h) Applicability to Contracts and Subcontracts for Procurement \nof Commercial Items.--This section is applicable to contracts and \nsubcontracts for the procurement of commercial items notwithstanding \nsection 34 of the Office of Federal Procurement Policy Act (41 U.S.C. \n430).\n ``(i) Geographic Coverage.--In this section, the term `United \nStates' includes the commonwealths, territories, and possessions of the \nUnited States.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 2533 the \nfollowing new item:\n\n``2533a. Requirement to buy certain articles from American sources; \n exceptions.''.\n (b) Repeal of Source Provisions.--The following provisions of law \nare repealed:\n (1) Section 9005 of the Department of Defense \n Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 \n note).\n (2) Section 8109 of the Department of Defense \n Appropriations Act, 1997 (as contained in section 101(b) of \n Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).","summary":"Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food, (2) clothing, (3) tents, tarpaulins, or covers. (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool. (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials, (6) specialty metals, including stainless steel flatware. And (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed, (2) for certain procurements outside the United States. (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States, (4) for foods manufactured or processed in the United States. And (5) for small purchases under the defense simplified acquisition threshold. Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act.","title":"To amend title 10, United States Code, to codify and make modifications to certain provisions relating to \"Buy American\" requirements.","text_len":5724,"sum_len":1192} {"bill_id":"115_hr3990","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Monument Creation and \nProtection Act'' or the ``National Monument CAP Act''.\n\nSEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS.\n\n Section 320301 of title 54, United States Code, is amended--\n (1) in subsection (a), by striking ``historic landmarks, \n historic and prehistoric structures, and other objects of \n historic or scientific interest'' and inserting ``object or \n objects of antiquity'';\n (2) in subsection (b), by striking ``confined to the \n smallest area compatible with the proper care and management of \n the objects to be protected'' and inserting ``in accordance \n with the limitations outlined in subsections (e), (f), (g), and \n (h)''; and\n (3) by adding at the end the following:\n ``(e) Limitation on Size of National Monuments.--Except as provided \nby subsections (f), (g), and (h), after the date of the enactment of \nthis subsection, land may not be declared under this section in a \nconfiguration that would create a national monument--\n ``(1) that is more than 640 acres; and\n ``(2) whose exterior boundary is less than 50 miles from \n the closest exterior boundary of another national monument \n declared under this section.\n ``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection \n(e) shall not apply to the designation of a national monument under \nthis section if the national monument so designated--\n ``(1) would be less than 5,000 acres;\n ``(2) would have all exterior boundaries 50 miles or more \n from the closest exterior boundary of another national monument \n declared under this section; and\n ``(3) has been reviewed under the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of \n the Interior or the Secretary of Agriculture, as appropriate.\n ``(g) Exception for Monuments of 5,000 Acres and up to 10,000 \nAcres.--\n ``(1) In general.--Subsection (e) shall not apply to the \n designation of a national monument under this section if the \n national monument so designated--\n ``(A) would be at least 5,000 acres but not more \n than 10,000 acres; and\n ``(B) would have all exterior boundaries 50 miles \n or more from the closest exterior boundary of another \n national monument declaration under this section.\n ``(2) Other requirement.--A monument described in this \n subsection shall be subject to the preparation of an \n environmental assessment or environmental impact statement as \n part of a review under the National Environmental Policy Act of \n 1969 (42 U.S.C. 4321 et seq.). The choice of environmental \n review document shall be within the discretion of the Secretary \n of the Interior or the Secretary of Agriculture, as \n appropriate.\n ``(h) Exception for Monuments 10,000 Acres and up to 85,000 \nAcres.--Subsection (e) shall not apply to the designation of a national \nmonument under this section if the national monument so designated--\n ``(1) would be at least 10,000 acres but not more than \n 85,000 acres;\n ``(2) would have all exterior boundaries 50 miles or more \n from the closest exterior boundary of another national monument \n declaration under this section; and\n ``(3) has been approved by the elected governing body of \n each county (or county equivalent), the legislature of each \n State, and the Governor of each State within whose boundaries \n the national monument will be located (and the Governor of each \n such State has transmitted a copy of each such approval to the \n President).\n ``(i) Exception for Emergency Designation.--\n ``(1) In general.--Subsection (e) shall not apply to the \n designation under this section of a national monument of any \n acreage amount if designation is made to prevent imminent and \n irreparable harm to the object or objects of antiquity to be \n protected by the designation.\n ``(2) One year limitation.--A national monument designation \n under this subsection shall terminate on the date that is one \n calendar year after the date of the designation.\n ``(3) One time designation.--Land designated as a national \n monument under this subsection--\n ``(A) may only be so designated one time; and\n ``(B) may not also be permanently designated as a \n national monument under this section.\n ``(4) Rights and uses.--Land designated as a national \n monument under this subsection shall remain subject to--\n ``(A) valid existing rights; and\n ``(B) uses allowed on the day before such \n designation under an applicable Resource Management \n Plan or Forest Plan.\n ``(j) Presidential Authority To Reduce Size of Declared \nMonuments.--The President may--\n ``(1) reduce the size of any national monument declared \n under this section by 85,000 acres or less; or\n ``(2) reduce the size of any national monument declared \n under this section by more than 85,000 acres only if the \n reduction--\n ``(A) has been approved by the elected governing \n body of each county (or county equivalent), the \n legislature of each State, and the Governor of each \n State within whose boundaries the national monument \n will be located (and the Governor of each such State \n has transmitted a copy of each such approval to the \n President); and\n ``(B) has been reviewed under the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et \n seq.) by the Secretary of the Interior or the Secretary \n of Agriculture, as appropriate.\n ``(k) Non-Federally Owned Property.--After the date of the \nenactment of this subsection, land may not be declared as a national \nmonument under this section in a configuration that would place non-\nfederally owned property within the exterior boundaries of the national \nmonument without the express written consent of the owners of that non-\nfederally owned property.\n ``(l) Effect of Declaration on Federal Funds.--No declaration under \nthis section shall be construed to increase the amount of Federal funds \nthat are authorized to be appropriated for any fiscal year.\n ``(m) Water Rights Associated With a Declaration.--Water rights \nassociated with a declaration under this section--\n ``(1) may not be reserved expressly or by implication by a \n declaration under this section; and\n ``(2) may be acquired for a declaration under this section \n only in accordance with the laws of the State in which the \n water rights are based.\n ``(n) Definitions.--For the purposes of this section:\n ``(1) Declaration; declared.--The terms `declaration' and \n `declared' shall only include the creation or expansion of a \n national monument under this section.\n ``(2) Land.--The term `land' shall not include submerged \n land or water.\n ``(3) Object or objects of antiquity.--\n ``(A) The term `object or objects of antiquity' \n means--\n ``(i) relics;\n ``(ii) artifacts;\n ``(iii) human or animal skeletal remains;\n ``(iv) fossils (other than fossil fuels); \n and\n ``(v) certain buildings constructed before \n the date of the enactment of this subsection.\n ``(B) The term `object or objects of antiquity' \n does not include--\n ``(i) natural geographic features; and\n ``(ii) objects not made by humans, except \n fossils (other than fossil fuels) or human or \n animal skeletal remains.''.\n ","summary":"National Monument Creation and Protection Act This bill amends the Antiquities Act of 1906 to allow the President to declare by public proclamation an object or objects of antiquity that are situated on lands owned or controlled by the federal government to be national monuments. quot, Objects of antiquityquot. Means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill. The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located. Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once. The President may reduce the size of any declared national monument: (1) by 85,000 acres or less. Or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act. The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent.","title":"National Monument Creation and Protection Act","text_len":8514,"sum_len":1568} {"bill_id":"111_hr3659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Building Energy Tax Credit Act of \n2009''.\n\nSEC. 2. COMMERCIAL BUILDING ENERGY PROJECT CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45R. COMMERCIAL BUILDING ENERGY PROJECT CREDIT.\n\n ``(a) Allowance of Credit.--For purposes of section 38, the \ncommercial building energy project credit is an amount equal to 35 \npercent of the cost of energy conservation commercial building property \nplaced in service by the taxpayer.\n ``(b) Maximum Amount of Credit.--The credit under subsection (a) \nwith respect to any building for any taxable year shall not exceed the \nexcess (if any) of--\n ``(1) the product of--\n ``(A) $4.00, and\n ``(B) the square footage of the building, over\n ``(2) the aggregate credit allowed under subsection (a) \n with respect to the building for all prior taxable years.\n ``(c) Energy Conservation Commercial Building Property.--For \npurposes of this section, the term `energy conservation commercial \nbuilding property' means property--\n ``(1) with respect to which depreciation (or amortization \n in lieu of depreciation) is allowable,\n ``(2) which is installed on or in any building which is \n located in the United States, and\n ``(3) which is installed as part of a commercial building \n energy project.\n ``(d) Commercial Building Energy Project.--For purposes of this \nsection, the term `commercial building energy project' means a \nproject--\n ``(1)(A) to install energy efficient commercial building \n property (as defined in section 179D(c)), or\n ``(B) with respect to a building, to achieve an energy \n consumption rate which is not more 60 percent of the energy \n consumption rate under the ASHRAE Standard 90.1-2007 for \n commercial buildings, and\n ``(2) with respect to which credit amounts have been \n allocated by an energy credit agency under subsection (e).\n ``(e) Allocations of Credit Amounts.--\n ``(1) Credit limitation with respect to project.--The \n amount of credit determined under this section for any taxable \n year with respect to any project shall not exceed the State \n energy credit dollar amount allocated to such project under \n this subsection.\n ``(2) Credit dollar amount for agencies.--\n ``(A) In general.--The aggregate credit dollar \n amount which an energy credit agency may allocate for \n any calendar year is the limitation allocated under \n subparagraph (B) for such calendar year to such agency.\n ``(B) Credit limitation allocated to state energy \n agencies.--\n ``(i) In general.--The Secretary shall \n allocate for each calendar year the national \n energy credit limitation among the States in \n proportion to the population of the State. Such \n limitation shall be allocated to the energy \n credit agency of each such State. If there is \n more than 1 energy credit agency of a State, \n all such agencies shall be treated as a single \n agency.\n ``(ii) National energy credit limitation.--\n There is a national energy credit limitation \n for each calendar year of $100,000,000.\n ``(iii) Population.--For purposes of this \n paragraph, population shall be determined in \n accordance with section 146(j).\n ``(3) Special rules.--\n ``(A) Building must be located within jurisdiction \n of credit agency.--An energy credit agency may allocate \n its aggregate energy credit dollar amount only to \n projects with respect to buildings located in the \n jurisdiction of the governmental unit of which such \n agency is a part.\n ``(B) Agency allocations in excess of limit.--If \n the aggregate energy credit dollar amounts allocated by \n an energy credit agency for any calendar year exceed \n the portion of the national energy credit limitation \n allocated to such agency for such calendar year, the \n energy credit dollar amounts so allocated shall be \n reduced (to the extent of such excess) for projects in \n the reverse of the order in which the allocations of \n such amounts were made.\n ``(4) Energy credit agency.--The term `energy credit \n agency' means any agency authorized to carry out this \n subsection.\n ``(f) Responsibilities of Energy Credit Agencies.--\n ``(1) In general.--Notwithstanding any other provision of \n this section, the energy credit dollar amount with respect to \n any project shall be zero unless such amount was allocated \n pursuant to a qualified allocation plan of the energy credit \n agency which is approved by the governmental unit (in \n accordance with rules similar to the rules of section 147(f)(2) \n (other than subparagraph (B)(ii) thereof)) of which such agency \n is a part.\n ``(2) Qualified allocation plan.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified allocation \n plan' means any plan which meets the requirements of \n subparagraphs (B) through (E).\n ``(B) Selection criteria.--The requirements of this \n subparagraph are met if such plan sets forth selection \n criteria to be used to determine priorities of the \n energy credit agency which are appropriate to local \n conditions. An energy credit agency may establish \n selection criteria which are more stringent than the \n requirements under subsection (d)(1)(B).\n ``(C) Project preference.--The requirements of this \n subparagraph are met if such plan gives preference in \n allocating energy credit dollar amounts among selected \n projects to those projects which achieve the most \n energy savings. A plan shall not be treated as failing \n to meet the requirements of this subsection solely by \n reason of allocating credit dollar amounts ratably \n among projects with proportionally more allocated to \n those projects which achieve higher energy savings.\n ``(D) Compliance monitoring.--The requirements of \n this subparagraph are met if such plan establishes a \n program which--\n ``(i) is certified by the Secretary as \n meeting the requirements of this subparagraph, \n and\n ``(ii) provides for monitoring by the \n agency (or an agent or other private contractor \n of such agency) for noncompliance with the \n provisions of this section and notifying the \n Internal Revenue Service of any such \n noncompliance of which such agency becomes \n aware.\n ``(E) Certification methods.--\n ``(i) In general.--The requirements of this \n subparagraph are met if such plan has a \n certification procedure for inspection and \n testing by qualified individuals under which \n only projects complying with energy-savings \n plans and targets are certified.\n ``(ii) Qualified individuals.--Individuals \n qualified to determine compliance shall be only \n those individuals who are recognized by the \n energy credit agency for such purposes.\n ``(iii) Pre-certification.--The \n requirements of this subparagraph shall be \n treated as met if the plan includes a pre-\n certification procedure for commercial building \n energy projects, unless application fees with \n respect to a project under such pre-\n certification procedure exceeds 1 percent of \n the estimated cost of such project.\n ``(g) Transfer of Credit.--\n ``(1) In general.--A person described in paragraph (4) may \n transfer the credit which would (but for the tax-exempt status \n of such person) be allowable under subsection (a) with respect \n to energy conservation commercial building property placed in \n service by such person. A credit may only be transferred once \n and may only be transferred to another person not described in \n such paragraph.\n ``(2) Treatment of transferee.--The person to whom the \n credit is transferred under this subsection shall be treated \n for purposes of this title as the taxpayer with respect to whom \n the credit is allowable under subsection (a).\n ``(3) Treatment of transferor.--\n ``(A) Transfer proceeds treated as arising from \n essential government function.--Any proceeds derived by \n a person described in paragraph (4)(B) from the \n transfer of any credit under this subsection shall be \n treated as arising from the exercise of an essential \n government function.\n ``(B) Credit not income.--Any proceeds derived from \n the transfer of a credit under this subsection shall \n not treated as income for purposes of this title.\n ``(4) Persons described.--A person is described in this \n paragraph if the person is--\n ``(A) an organization exempt from tax under section \n 501(a), or\n ``(B) any State or political subdivision thereof, \n the District of Columbia, any possession of the United \n States, or any agency or instrumentality of any of the \n foregoing.\n ``(h) Denial of Double Benefit.--No credit shall be allowed under \nthis section for any expense for which a deduction is allowed under any \nother provision of this chapter.\n ``(i) Basis Reduction.--For purposes of this subtitle, if a credit \nis allowed under this section with respect to any energy conservation \ncommercial building property, the basis of such property shall be \nreduced by the amount of the credit so allowed.\n ``(j) Regulations.--The Secretary may prescribe such regulations as \nmay be necessary or appropriate to carry out this section.''.\n (b) State Guidance.--The Secretary of Energy, in consultation with \nthe Secretary of Treasury, shall develop and provide guidance to States \nand energy credit agencies (as defined in section 45R(e) of the \nInternal Revenue Code of 1986) for establishing methods of measuring \noverall energy savings of commercial building energy projects (as \ndefined in section 45R(e) of such Code), including methods for \ncomparing energy savings ratings under industry energy standards for \ncommercial buildings other than ASHRAE Standard 90.1-2007 with such \nASHRAE standard.\n (c) Credit Treated as Part of General Business Credit.--Subsection \n(b) of section 38 of such Code is amended by striking ``plus'' at the \nend of paragraph (33), by striking the period at the end of paragraph \n(34) and inserting ``, plus'', and by adding at the end the following \nnew paragraph:\n ``(35) commercial building energy credit determined under \n section 45R(a).''.\n (d) Conforming Amendment.--Subsection (a) of section 1016 of such \nCode is amended by striking ``and'' at the end of paragraph (36), by \nstriking the period at the end of paragraph (37) and inserting ``, \nand'', and by adding at the end the following new paragraph:\n ``(38) to the extent provided in section 45R(i).''.\n (e) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by adding at the end \nthe following new item:\n\n``Sec. 45R. Commercial building energy project credit.''.\n (f) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.","summary":"Building Energy Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 35 of the cost of energy conservation commercial building property installed as part of a commercial building energy project within the jurisdiction of a state energy credit agency. Requires a building, to be eligible for such credit, to achieve an energy consumption rate of not more than 60 of the rate established by the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.11-2207 for commercial buildings.","title":"Amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts paid for energy efficient property placed in service in commercial buildings pursuant to an approved energy efficiency plan.","text_len":13244,"sum_len":552} {"bill_id":"106_hr2903","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Striped Bass Conservation, Atlantic \nCoastal Fisheries Management, and Marine Mammal Rescue Assistance Act \nof 2000''.\n\n TITLE I--ATLANTIC COASTAL FISHERIES\n Subtitle A--Atlantic Striped Bass Conservation\n\nSEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT.\n\n Section 7(a) of the Atlantic Striped Bass Conservation Act (16 \nU.S.C. 1851 note) is amended to read as follows:\n ``(a) Authorization.--For each of fiscal years 2001, 2002, and \n2003, there are authorized to be appropriated to carry out this Act--\n ``(1) $1,000,000 to the Secretary of Commerce; and\n ``(2) $250,000 to the Secretary of the Interior.''.\n\nSEC. 102. POPULATION STUDY OF STRIPED BASS.\n\n (a) Study.--The Secretaries (as that term is defined in the \nAtlantic Striped Bass Conservation Act), in consultation with the \nAtlantic States Marine Fisheries Commission, shall conduct a study to \ndetermine if the distribution of year classes in the Atlantic striped \nbass population is appropriate for maintaining adequate recruitment and \nsustainable fishing opportunities. In conducting the study, the \nSecretaries shall consider--\n (1) long-term stock assessment data and other fishery-dependent \n and independent data for Atlantic striped bass; and\n (2) the results of peer-reviewed research funded under the \n Atlantic Striped Bass Conservation Act.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretaries, in consultation with the \nAtlantic States Marine Fisheries Commission, shall submit to the \nCommittee on Resources of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate the \nresults of the study and a long-term plan to ensure a balanced and \nhealthy population structure of Atlantic striped bass, including older \nfish. The report shall include information regarding--\n (1) the structure of the Atlantic striped bass population \n required to maintain adequate recruitment and sustainable fishing \n opportunities; and\n (2) recommendations for measures necessary to achieve and \n maintain the population structure described in paragraph (1).\n (c) Authorization.--There are authorized to be appropriated to the \nSecretary of Commerce $250,000 to carry out this section.\n\n Subtitle B--Atlantic Coastal Fisheries Cooperative Management\n\nSEC. 121. SHORT TITLE.\n\n This subtitle may be cited as the ``Atlantic Coastal Fisheries Act \nof 2000''.\n\nSEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE \n MANAGEMENT ACT.\n\n (a) Authorization of Appropriations.--Section 811 of the Atlantic \nCoastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is \namended to read as follows:\n\n``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--To carry out this title, there are authorized to \nbe appropriated $10,000,000 for each of fiscal years 2001 through 2005.\n ``(b) Cooperative Statistics Program.--Amounts authorized under \nsubsection (a) may be used by the Secretary to support the Commission's \ncooperative statistics program.''.\n (b) Technical Corrections.--\n (1) In general.--Such Act is amended--\n (A) in section 802(3) (16 U.S.C. 5101(3)) by striking \n ``such resources in'' and inserting ``such resources is''; and\n (B) by striking section 812 and the second section 811.\n (2) Amendments to repeal not affected.--The amendments made by \n paragraph (1)(B) shall not affect any amendment or repeal made by \n the sections struck by that paragraph.\n (3) Short title references.--Such Act is further amended by \n striking ``Magnuson Fishery'' each place it appears and inserting \n ``Magnuson-Stevens Fishery''.\n (c) Reports.--\n (1) Annual report to the secretary.--The Secretary shall \n require, as a condition of providing financial assistance under \n this subtitle, that the Commission and each State receiving such \n assistance submit to the Secretary an annual report that provides a \n detailed accounting of the use of the assistance.\n (2) Biennial reports to the congress.--The Secretary shall \n submit biennial reports to the Committee on Resources of the House \n of Representatives and the Committee on Commerce, Science, and \n Transportation of the Senate on the use of Federal assistance \n provided to the Commission and the States under this subtitle. Each \n biennial report shall evaluate the success of such assistance in \n implementing this subtitle.\n\n TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT \n PROGRAM\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Marine Mammal Rescue Assistance \nAct of 2000''.\n\nSEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT \n PROGRAM.\n\n (a) In General.--Title IV of the Marine Mammal Protection Act of \n1972 (16 U.S.C. 1371 et seq.) is amended--\n (1) by redesignating sections 408 and 409 as sections 409 and \n 410, respectively; and\n (2) by inserting after section 407 the following:\n\n``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT \n PROGRAM.\n\n ``(a) In General.--(1) Subject to the availability of \nappropriations, the Secretary shall conduct a grant program to be known \nas the John H. Prescott Marine Mammal Rescue Assistance Grant Program, \nto provide grants to eligible stranding network participants for the \nrecovery or treatment of marine mammals, the collection of data from \nliving or dead stranded marine mammals for scientific research \nregarding marine mammal health, and facility operation costs that are \ndirectly related to those purposes.\n ``(2)(A) The Secretary shall ensure that, to the greatest extent \npracticable, funds provided as grants under this subsection are \ndistributed equitably among the stranding regions designated as of the \ndate of the enactment of the Marine Mammal Rescue Assistance Act of \n2000, and in making such grants shall give preference to those \nfacilities that have established records for rescuing or rehabilitating \nsick and stranded marine mammals in each of the respective regions, or \nsubregions.\n ``(B) In determining priorities among such regions, the Secretary \nmay consider--\n ``(i) any episodic stranding or any mortality event other than \n an event described in section 410(6), that occurred in any region \n in the preceding year;\n ``(ii) data regarding average annual strandings and mortality \n events per region; and\n ``(iii) the size of the marine mammal populations inhabiting a \n geographic area within such a region.\n ``(b) Application.--To receive a grant under this section, a \nstranding network participant shall submit an application in such form \nand manner as the Secretary may prescribe.\n ``(c) Consultation.--The Secretary shall consult with the Marine \nMammal Commission, a representative from each of the designated \nstranding regions, and other individuals who represent public and \nprivate organizations that are actively involved in rescue, \nrehabilitation, release, scientific research, marine conservation, and \nforensic science regarding stranded marine mammals, regarding the \ndevelopment of criteria for the implementation of the grant program and \nthe awarding of grants under the program.\n ``(d) Limitation.--The amount of a grant under this section shall \nnot exceed $100,000.\n ``(e) Matching Requirement.--\n ``(1) In general.--The non-Federal share of the costs of an \n activity conducted with a grant under this section shall be 25 \n percent of such costs.\n ``(2) In-kind contributions.--The Secretary may apply to the \n non-Federal share of an activity conducted with a grant under this \n section the amount of funds, and the fair market value of property \n and services, provided by non-Federal sources and used for the \n activity.\n ``(f) Administrative Expenses.--Of amounts available each fiscal \nyear to carry out this section, the Secretary may expend not more than \n6 percent or $80,000, whichever is greater, to pay the administrative \nexpenses necessary to carry out this section.\n ``(g) Definitions.--In this section:\n ``(1) Designated stranding region.--The term `designated \n stranding region' means a geographic region designated by the \n Secretary for purposes of administration of this title.\n ``(2) Secretary.--The term `Secretary' has the meaning given \n that term in section 3(12)(A).\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2001 through 2003, to remain available until expended, of which--\n ``(1) $4,000,000 may be available to the Secretary of Commerce; \n and\n ``(2) $1,000,000 may be available to the Secretary of the \n Interior.''.\n (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal \nProtection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting \n``(other than section 408)'' after ``title IV''.\n (c) Clerical Amendment.--The table of contents in the first section \nof the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended \nby striking the items relating to sections 408 and 409 and inserting \nthe following:\n``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant \n Program.\n``Sec. 409. Authorization of appropriations.\n``Sec. 410. Definitions.''.\n\nSEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION.\n\n (a) Study.--Not later than 180 days after the date of the enactment \nof this Act and subject to the availability of appropriations, the \nSecretary of Commerce shall initiate a study of the environmental and \nbiological factors responsible for the significant increase in \nmortality events of the eastern gray whale population and other \npotential impacts these factors may be having on the eastern gray whale \npopulation.\n (b) Consideration of Western Population Information.--The Secretary \nshould ensure that, to the greatest extent practicable, information \nfrom current and future studies of the western gray whale population is \nconsidered in the study under this section, so as to better understand \nthe dynamics of each population and to test different hypotheses that \nmay lead to an increased understanding of the mechanism driving their \nrespective population dynamics.\n (c) Authorization of Appropriations.--In addition to other amounts \nauthorized under this title, there are authorized to be appropriated to \nthe Secretary to carry out this section--\n (1) $290,000 for fiscal year 2001; and\n (2) $500,000 for each of fiscal years 2002 through 2004.\n\nSEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA.\n\n (a) In General.--The Secretary of Commerce (in this section \nreferred to as the ``Secretary'') may convey to the Government of \nAmerican Samoa in accordance with this section, without consideration, \nall right, title, and interest of the United States in and to a retired \nNational Oceanic and Atmospheric Administration fishery research vessel \nin operable condition, for use by American Samoa.\n (b) Limitation.--The Secretary may not convey a vessel under this \nsection before the date on which a new replacement fishery research \nvessel has been delivered to the National Oceanic and Atmospheric \nAdministration and put in active service.\n (c) Operation and Maintenance.--The Government of the United States \nshall not be responsible or liable for any maintenance or operation of \na vessel conveyed under this section after the date of the delivery of \nthe vessel to American Samoa.\n\nSEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL \n MARINE SANCTUARY DESIGNATION STANDARDS.\n\n (a) Technical Amendment.--Section 303(a) of the National Marine \nSanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the \nSecretary--'' and all that follows through the end of the sentence and \ninserting the following: ``the Secretary determines that--\n ``(1) the designation will fulfill the purposes and policies of \n this title;\n ``(2) the area is of special national significance due to--\n ``(A) its conservation, recreational, ecological, \n historical, scientific, cultural, archaeological, educational, \n or esthetic qualities;\n ``(B) the communities of living marine resources it \n harbors; or\n ``(C) its resource or human-use values;\n ``(3) existing State and Federal authorities are inadequate or \n should be supplemented to ensure coordinated and comprehensive \n conservation and management of the area, including resource \n protection, scientific research, and public education;\n ``(4) designation of the area as a national marine sanctuary \n will facilitate the objectives stated in paragraph (3); and\n ``(5) the area is of a size and nature that will permit \n comprehensive and coordinated conservation and management.''.\n (b) Conforming Amendments.--Such Act is further amended--\n (1) in section 304(a)(1)(C) (as amended by section 6(a) of the \n National Marine Sanctuaries Amendments Act of 2000) by striking \n ``the Secretary shall''; and\n (2) in section 304(a)(2)(E) (as amended by section 6(b) of the \n National Marine Sanctuaries Amendments Act of 2000) by striking \n ``findings'' and inserting ``determinations''.\n (c) Effective Date.--This section shall take effect immediately \nafter the National Marine Sanctuaries Amendments Act of 2000 takes \neffect.\n\nSEC. 206. WESTERN PACIFIC PROJECT GRANTS.\n\n Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 \nnote) is amended by striking the last sentence and inserting ``There \nare authorized to be appropriated to carry out this section $500,000 \nfor each fiscal year.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities. And (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations. Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program. Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment, (2) data collection from living or dead marine mammals. And (3) facilities operation. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations. Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations. Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa. Amends the National Marine Sanctuaries Act to revise sanctuary designation standards. Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices.","title":"Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000","text_len":14327,"sum_len":2195} {"bill_id":"114_s1527","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited at the ``Improving Department of State \nOversight Act of 2015''.\n\nSEC. 2. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF THE SPECIAL \n INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.\n\n Notwithstanding any other provision of law, any employee of the \nSpecial Inspector General for Iraq Reconstruction who completes at \nleast 12 months of service at any time prior to the date of the \ntermination of the Special Inspector General for Iraq Reconstruction, \nOctober 5, 2013, and was not terminated for cause shall acquire \ncompetitive status for appointment to any position in the competitive \nservice for which the employee possesses the required qualifications.\n\nSEC. 3. ASSURANCE OF INDEPENDENCE OF IT SYSTEMS.\n\n (a) In General.--The Secretary of State, with the concurrence of \nthe Inspector General of the Department of State, shall certify to the \nappropriate congressional committees that the Department has made \nreasonable efforts to ensure the integrity and independence of the \nOffice of the Inspector General Information Technology systems.\n (b) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means--\n (1) the Committee on Foreign Relations and the Committee on \n Appropriations of the Senate; and\n (2) the Committee on Foreign Affairs and the Committee on \n Appropriations of the House of Representatives.\n\nSEC. 4. PROTECTING THE INTEGRITY OF INTERNAL INVESTIGATIONS.\n\n Section 209(c)(5) of the Foreign Service Act of 1980 (22 U.S.C. \n3929(c)(5)) is amended by inserting at the end the following new \nsubparagraph:\n ``(C) Required reporting of allegations and \n investigations and inspector general authority.--\n ``(i) In general.--Each bureau, post or \n other office (in this subparagraph, an \n `entity') of the Department of State shall, \n within five business days, report to the \n Inspector General any allegations of--\n ``(I) waste, fraud, or abuse in a \n Department program or operation;\n ``(II) criminal or serious \n misconduct on the part of a Department \n employee at the FS-1, GS-15, GM-15 \n level or higher;\n ``(III) criminal misconduct on the \n part of any Department employee; and\n ``(IV) serious, noncriminal \n misconduct on the part of any \n individual who is authorized to carry a \n weapon, make arrests, or conduct \n searches, such as conduct that, if \n proved, would constitute perjury or \n material dishonesty, warrant suspension \n as discipline for a first offense, or \n result in loss of law enforcement \n authority.\n ``(ii) Inspector general authority.--The \n Inspector General may, pursuant to existing \n authority, investigate matters covered by \n clause (i).\n ``(iii) Limitation on investigations \n outside of office of inspector general.--No \n entity in the Department of State with \n concurrent jurisdiction over matters covered by \n clause (i), including the Bureau of Diplomatic \n Security, may initiate an investigation of such \n matter unless it has first reported the \n allegations to the Inspector General as \n required by clause (i), except as provided in \n clauses (v) and (vi).\n ``(iv) Cooperation.--If an entity in the \n Department of State initiates an investigation \n of a matter covered in clause (i) the entity \n must, except as provided in clause (v), fully \n cooperate with the Inspector General, \n including--\n ``(I) by providing to the Inspector \n General all data and records obtained \n in connection with its investigation \n upon request of the Inspector General;\n ``(II) by coordinating, at the \n request of the Inspector General, such \n entity's investigation with the \n Inspector General; and\n ``(III) by providing to the \n Inspector General requested support in \n aid of the Inspector General's \n oversight and investigative \n responsibilities.\n ``(v) Exceptions.--The Inspector General \n may prescribe general rules under which any \n requirement of clause (iii) or clause (iv) may \n be dispensed with.\n ``(vi) Exigent circumstances.--Compliance \n with clauses (i), (iii), and (iv) of this \n subparagraph may be dispensed with by an entity \n of the Department of State if complying with \n them in an exigent circumstance would pose an \n imminent threat to human life, health or \n safety, or result in the irretrievable loss or \n destruction of critical evidence or witness \n testimony, in which case a report of the \n allegation shall be made not later than 48 \n hours after an entity begins an investigation \n under the authority of this clause and \n cooperation required under clause (iv) shall \n commence not later than 48 hours after the \n relevant exigent circumstance has ended.\n ``(vii) Rule of construction.--Nothing in \n this subparagraph may be interpreted to affect \n any duty or authority of the Inspector General \n under any provision of law, including the \n Inspector General's duties or authorities under \n the Inspector General Act.''.\n\nSEC. 5. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING OF FOREIGN \n SERVICE POSTS AND BUREAUS AND OPERATING UNITS DEPARTMENT \n OF STATE.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of State shall submit a report to \nCongress on the requirement under section 209(a)(1) of the Foreign \nService Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General \nof the Department of State inspect and audit, at least every 5 years, \nthe administration of activities and operations of each Foreign Service \npost and each bureau and other operating unit of the Department of \nState.\n (b) Consideration of Multi-Tier System.--The report required under \nsubsection (a) shall assess the advisability and feasibility of \nimplementing a multi-tier system for inspecting Foreign Service posts \nfeaturing more (or less) frequent inspections and audits of posts based \non risk, including security risk, as may be determined by the Inspector \nGeneral.\n (c) Composition.--The report required under subsection (a) shall \ninclude separate portions prepared by the Inspector General of the \nDepartment of State, and the Comptroller General of the United States, \nrespectively.","summary":"Improving Department of State Oversight Act of 2015 This bill grants competitive status for appointment to a position in the competitive service for which the employee is qualified to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013. The Secretary of State shall certify to Congress that the Department of State has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. Each State Department entity under the Foreign Service Act of 1980 shall report within five business days to the Inspector General (IG) any allegations of: program waste, fraud, or abuse. Criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher, criminal misconduct on the part of any Department employee. And serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches . No State Department entity with concurrent jurisdiction over such matters, including the Bureau of Diplomatic Security, may initiate an investigation without first reporting the allegations to the IG. A State Department entity that initiates an investigation of such a matter must fully cooperate with the IG, unless the IG authorizes an exception.","title":"Improving Department of State Oversight Act of 2015","text_len":8445,"sum_len":1476} {"bill_id":"114_s2736","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Patient Access to Durable Medical \nEquipment Act of 2016''.\n\nSEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR DURABLE \n MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.\n\n The Secretary of Health and Human Services shall extend the \ntransition period described in clause (i) of section 414.210(g)(9) of \ntitle 42, Code of Federal Regulations, from June 30, 2016, to June 30, \n2017 (with the full implementation described in clause (ii) of such \nsection applying to items and services furnished with dates of service \non or after July 1, 2017).\n\nSEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR DURABLE \n MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.\n\n Section 1847(b)(5) of the Social Security Act (42 U.S.C. 1395w-\n3(b)(5)) is amended--\n (1) in subparagraph (A)--\n (A) by inserting ``, subject to subparagraph (E),'' \n after ``subsection (a)(2)''; and\n (B) by inserting ``, subject to subparagraph (E),'' \n after ``Based on such bids''; and\n (2) by adding at the end the following new subparagraph:\n ``(E) Floor on bid ceiling for durable medical \n equipment.--\n ``(i) In general.--The ceiling for a bid \n submitted for applicable covered items may not \n be less than the fee schedule amount that would \n otherwise be determined under section 1834(a), \n section 1834(h), or section 1842(s) for such \n items furnished on July 1, 2016 (determined as \n if section 2 of the Patient Access to Durable \n Medical Equipment Act of 2016 had not been \n enacted).\n ``(ii) Applicable covered items defined.--\n For purposes of this subparagraph, the term \n `applicable covered items' means competitively \n priced items and services described in \n subsection (a)(2) that are furnished with \n respect to rounds of competition that begin on \n or after January 1, 2017.''.\n\nSEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING INFORMATION FROM \n COMPETITIVE BIDDING PROGRAMS.\n\n (a) In General.--Section 1834(a)(1)(G) of the Social Security Act \n(42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end the \nfollowing new sentence: ``In the case of items and services furnished \non or after January 1, 2019, in making any adjustments under clause \n(ii) or (iii) of subparagraph (F), under subsection (h)(1)(H)(ii), or \nunder section 1842(s)(3)(B), the Secretary shall--\n ``(i) solicit and take into account \n stakeholder input; and\n ``(ii) take into account the highest amount \n bid by a winning supplier in a competitive \n acquisition area and a comparison of each of \n the following with respect to non-competitive \n acquisition areas and competitive acquisition \n areas:\n ``(I) The average travel distance \n and cost associated with furnishing \n items and services in the area.\n ``(II) Any barriers to access for \n items and services in the area.\n ``(III) The average delivery time \n in furnishing items and services in the \n area.\n ``(IV) The average volume of items \n and services furnished by suppliers in \n the area.\n ``(V) The number of suppliers in \n the area.''.\n (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) of the \nSocial Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is amended by \nstriking ``the Secretary'' and inserting ``subject to subsection \n(a)(1)(G), the Secretary''.\n (2) Section 1842(s)(3)(B) of the Social Security Act (42 U.S.C. \n1395m(s)(3)(B)) is amended by striking ``the Secretary'' and inserting \n``subject to section 1834(a)(1)(G), the Secretary''.\n\nSEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF MEDICARE \n BENEFICIARIES TO DURABLE MEDICAL EQUIPMENT AND OF HEALTH \n OUTCOMES.\n\n Not later than October 1, 2016, January 1, 2017, April 1, 2017, and \nJuly 1, 2017, the Secretary of Health and Human Services shall publish \non the Internet website of the Centers for Medicare & Medicaid Services \nthe results of the monitoring of access of Medicare beneficiaries to \ndurable medical equipment and of health outcomes, as described on page \n66228 in the final rule published by the Center for Medicare & Medicaid \nServices on November 6, 2014, and entitled ``Medicare Program; End-\nStage Renal Disease Prospective Payment System, Quality Incentive \nProgram, and Durable Medical Equipment, Prosthetics, Orthotics, and \nSupplies'' (79 Fed. Reg. 66120-66265).\n\nSEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING FEDERAL \n MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL \n EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.\n\n (a) In General.--Section 1903(i)(27) of the Social Security Act (42 \nU.S.C. 1396b(i)(27)) is amended by striking ``January 1, 2019'' and \ninserting ``October 1, 2018''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of section 503 of division \nO of Public Law 114-113.\n\n Passed the Senate June 21, 2016.\n\n Attest:\n\n JULIE E. ADAMS,\n\n Secretary.","summary":"Patient Access to Durable Medical Equipment Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to delay by one yearnbsp. The full implementation of new Medicare payment rates for durable medical equipment . nbsp, In addition, the billnbsp, specifies that the bid ceiling for durable medical equipment itemsnbsp. Under Medicare's competitive acquisition program shall not be less than the fee schedule amount that would otherwise be determined for those items. Under current law, the Centers for Medicare amp. Medicaid Services (CMS) must use payment information from competitive acquisition programs to make payment adjustments for durable medical equipment items furnished in areas outside of such programs. Current law also allows, but does not require,nbsp. CMS to make such adjustments with respect to certain orthotics and parenteral and enteral nutrients, equipment, and supplies . nbsp, The bill requires CMS, in makingnbsp, these adjustments, to account fornbsp. Stakeholder input. In addition, CMS must account for a comparison of competitive acquisition areas and other areas with respect to the following factors: average travel distance and cost associated with furnishing items and services, barriers to access, average delivery time, average volume of items and services furnished by suppliers, and number of suppliers. In four quarterly reports, CMS must publish on its website the results of the monitoring of health outcomes and Medicare beneficiaries' accessnbsp. To durable medical equipment. The bill accelerates the applicability, from January 1, 2019, to October 1, 2018,nbsp, of provisions of current lawnbsp, that limitnbsp, federalnbsp. Medicaid reimbursement to states for durable medical equipment to Medicare payment rates.","title":"Patient Access to Durable Medical Equipment Act of 2016","text_len":6208,"sum_len":1779} {"bill_id":"103_hr4926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Treatment in Banking Act of \n1994''.\n\nSEC. 2. FAILURE TO ACCORD NATIONAL TREATMENT TO UNITED STATES BANKING \n ORGANIZATIONS.\n\n (a) Identifying Countries That May Be Denying National Treatment to \nUnited States Banking Organizations.--The Secretary of the Treasury \nshall identify, after consultation with the Federal banking agencies, \nthe extent to which foreign countries may be denying national treatment \nto United States banking organizations--\n (1) based on information relating to banking in the most \n recent report under section 3602 of the Omnibus Trade and \n Competitiveness Act of 1988 (or the most recent update of such \n report); or\n (2) based on more recent information that the Secretary \n considers appropriate.\n (b) Assessing Whether Possible Denial of National Treatment May Be \nHaving a Significant Adverse Effect.--\n (1) In general.--The Secretary shall assess, after \n consultation with the Federal banking agencies, whether the \n possible denial of national treatment to United States banking \n organizations by a foreign country identified under subsection \n (a) may be having a significant adverse effect on such \n organizations.\n (2) Factors to be considered.--In making any assessment \n under paragraph (1), the Secretary shall consider appropriate \n factors, including the following:\n (A) The extent of United States trade with and \n investment in the foreign country, the size of the \n foreign country's markets for banking services, and the \n extent to which United States banking organizations \n operate or seek to operate in those markets.\n (B) The importance of operations by United States \n banking organizations in the foreign country to the \n export of goods and services by United States firms to \n such country.\n (C) The extent to which the foreign country \n provides in advance to United States banking \n organizations a written draft of any measure of general \n application that the country proposes to adopt, such as \n regulations, guidelines, or other policies regarding \n new products and services, in order to allow an \n opportunity for such organizations to comment on the \n measure and for such comments to be taken into account \n by the foreign country.\n (D) The extent to which the foreign country--\n (i) makes available, in writing, to United \n States banking organizations the foreign \n country's requirements for completing any \n application relating to the provision of \n financial services by any such organization;\n (ii) applies published, objective standards \n and criteria in evaluating any such application \n from any United States banking organization; \n and\n (iii) renders administrative decisions \n relating to any such application within a \n reasonable period of time.\n (3) Solicitation of comments.--Before making any assessment \n under paragraph (1), the Secretary may solicit comments \n concerning the effect of the possible denial of national \n treatment on United States banking organizations from \n interested parties.\n (c) Publication.--The Secretary may publish a notice in the Federal \nRegister of--\n (1) any assessment made under subsection (b)(1) with \n respect to any country; and\n (2) any change made with respect to any assessment under \n such subsection which was previously published in the Federal \n Register.\n (d) Definitions.--The following definitions shall apply for \npurposes of this section:\n (1) Banking organization.--\n (A) In general.--The term ``banking organization'' \n means any bank, any bank holding company (including any \n company required to file reports pursuant to section \n 4(f)(6) of the Bank Holding Company Act of 1956), and \n any savings and loan holding company (as such term is \n defined in section 10(a)(1)(D) of the Home Owners' Loan \n Act).\n (B) Banking terms.--For purposes of this paragraph, \n the terms ``bank'' and ``bank holding company'' have \n the same meaning as in section 2 of the Bank Holding \n Company Act of 1956.\n (2) Federal banking agencies.--The term ``Federal banking \n agencies'' has the same meaning as in section 3(z) of the \n Federal Deposit Insurance Act.\n (3) National treatment.--The term ``national treatment'' \n means, with respect to any foreign country, treatment that \n offers United States banking organizations the same competitive \n opportunities (including effective market access) in such \n country as are available to the foreign country's domestic \n banking organizations in like circumstances.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n\nSEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER PERSONS OF A FOREIGN \n COUNTRY.\n\n (a) Applications Under the International Banking Act of 1978.--\nSection 7(d) of the International Banking Act of 1978 (12 U.S.C. \n3105(d)) is amended by adding at the end the following new paragraph:\n ``(6) Additional standard.--In acting on any application \n under paragraph (1), the Board shall take into account whether \n the Secretary of the Treasury has published a notice, in \n accordance with section 2(c) of the National Treatment in \n Banking Act of 1994, that the possible denial of national \n treatment to United States banking organizations by the foreign \n bank's home country identified under section 2(a) of such Act \n may be having a significant adverse effect on such \n organizations.''.\n (b) Applications Under the Bank Holding Company Act of 1956.--\nSection 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is \namended by adding at the end the following new subsection:\n ``(g) Applications by a Foreign Bank.--In considering any \napplication or notice under section 3 or 4 by any foreign bank (as \ndefined in section 1(b) of the International Banking Act of 1978), the \nBoard shall take into account whether the Secretary of the Treasury has \npublished a notice, in accordance with section 2(c) of the National \nTreatment in Banking Act of 1994, that the possible denial of national \ntreatment to United States banking organizations by the foreign bank's \nhome country identified under section 2(a) of such Act may be having a \nsignificant adverse effect on such organizations.''.\n (c) Amendment to Change in Bank Control Act.--Section 7(j) of the \nFederal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended by adding \nat the end the following new paragraph:\n ``(19) Notice by a person of a foreign country.--\n ``(A) In general.--In considering a notice under \n this subsection by a person of a foreign country, the \n appropriate Federal banking agency shall take into \n account whether the Secretary of the Treasury has \n published a notice, in accordance with section 2(c) of \n the National Treatment in Banking Act of 1994, that the \n possible denial of national treatment to United States \n banking organizations by such person's home country \n identified under section 2(a) of such Act may be having \n a significant adverse effect on such organizations.\n ``(B) Person of a foreign country defined.--For \n purposes of this paragraph, the term `person of a \n foreign country' means--\n ``(i) any entity that--\n ``(I) is organized under the laws \n of the foreign country, or\n ``(II) has the entity's principal \n place of business in the foreign \n country;\n ``(ii) an individual who--\n ``(I) is a citizen of the foreign \n country, or\n ``(II) is domiciled in the foreign \n country; and\n ``(iii) any person that is, directly or \n indirectly, under the control of any entity or \n individual described in clause (i) or (ii).''.\n (d) Amendment to National Bank Act.--Section 5155 of the Revised \nStatutes (12 U.S.C. 36) is amended by adding at the end the following \nnew subsection:\n ``(i) Application by a Bank Which Is a Person of a Foreign \nCountry.--In considering any application under this section by any bank \nwhich is a person of a foreign country (as defined in section \n7(j)(19)(B) of the Federal Deposit Insurance Act), the Comptroller of \nthe Currency shall take into account whether the Secretary of the \nTreasury has published a notice, in accordance with section 2(c) of the \nNational Treatment in Banking Act of 1994, that the possible denial of \nnational treatment to United States banking organizations by such \nperson's home country identified under section 2(a) of such Act may be \nhaving a significant adverse effect on such organizations.''.\n (e) Amendment to Federal Deposit Insurance Act.--Section 18(c) of \nthe Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by \nadding at the end the following new paragraph:\n ``(12) Application by a bank which is a person of a foreign \n country.--In considering any merger transaction under this \n subsection involving any bank which is a person of a foreign \n country (as defined in section 7(j)(19)(B)), the responsible \n agency shall take into account whether the Secretary of the \n Treasury has published a notice, in accordance with section \n 2(c) of the National Treatment in Banking Act of 1994, that the \n possible denial of national treatment to United States banking \n organizations by such person's home country identified under \n section 2(a) of such Act may be having a significant adverse \n effect on such organizations.''.\n (f) Amendment to Federal Reserve Act.--The 3d undesignated \nparagraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is \namended in the proviso by inserting ``, including section 5155(i) of \nthe Revised Statutes,'' after ``limitations and restrictions''.\n\nSEC. 4. CONSISTENCY WITH BILATERAL AND MULTILATERAL AGREEMENTS.\n\n No authority under this Act or any amendment made by this Act to \nany other law may be used to take any action with respect to a foreign \ncountry which is inconsistent with any bilateral or multilateral \nagreement that governs financial services in which such country is \nobligated to provide national treatment for United States banking \norganizations.\n\n Passed the House of Representatives September 30, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"National Treatment in Banking Act of 1994 - Directs the Secretary of the Treasury to: (1) identify the extent to which foreign countries may be denying national treatment to US banking organizations. And (2) assess whether the possible denial of national treatment to such banking organizations may be having a significant adverse effect upon them. Authorizes the Secretary to publish notice of such assessments in the Federal Register. Amends the International Banking Act of 1978, the Bank Holding Company Act of 1956, the Federal Deposit Insurance Act, and the National Bank Act to direct the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency to take into account whether the Secretary has published such notice in the Federal Register when considering applications by foreign banks or other persons of a foreign country. Declares that no authority under this Act or any amendment it makes to any other law may be used to take any action with respect to a foreign country which is inconsistent with any bilateral or multilateral agreement that governs financial services in which such country is obligated to provide national treatment for US banking organizations.","title":"National Treatment in Banking Act of 1994","text_len":12035,"sum_len":1247} {"bill_id":"103_hr3161","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Older Americans Act Technical \nAmendments of 1993''.\nSEC. 2. TECHNICAL AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965.\n The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended--\n (1) in section 102(3) by inserting ``of the United States'' \n after ``Virgin Islands'',\n (2) in section 202(a)(18)--\n (A) by striking ``, and service providers,'', and\n (B) by inserting ``, and service providers,'' after ``on \n aging'',\n (3) in section 202(a)(27)(C) by striking ``1994'' and inserting \n ``1995'',\n (4) in section 203(a)(3) by striking ``Federal'' the first place \n it appears,\n (5) in section 206(g)--\n (A) in paragraph (1) by striking ``1994'' and inserting \n ``1995'',\n (B) in paragraph (2)(B) by striking ``1993'' and inserting \n ``1994'', and\n (C) in paragraph (3) by striking ``1994'' and inserting \n ``1995'',\n (6) in the first sentence of section 211 by striking \n ``agencies,'' and inserting ``agencies'',\n (7) in section 302 by striking paragraph (10),\n (8) in paragraphs (1) and (2) of section 305(b) by striking \n ``clause (1) of subsection (a)'' each place it appears, and \n inserting ``subsection (a)(1)'',\n (9) in section 307--\n (A) in section 307(a)--\n (i) in the last sentence of paragraph (8) by striking \n ``knowledgable'' and inserting ``knowledgeable'', and\n (ii) in paragraph (24) by striking the semicolon at the \n end and inserting a period, and\n (B) in subsection (b)(2) by striking ``the requirement \n described in clause (3)(B) of subsection (a)'' and inserting \n ``such requirement'',\n (10) in section 310(a)(1) by striking ``Disaster Relief and \n Emergency Assistance Act'' and inserting ``Robert T. Stafford \n Disaster Relief and Emergency Assistance Act'',\n (11) in section 314(a) by striking ``(a) Promotion.--'',\n (12) in section 321(a)(15) by striking ``clause (16) of section \n 307(a)'' and inserting ``chapter 3 of subtitle A of title VII and \n section 307(a)(16)'',\n (13) in section 361(a) by inserting ``and Prevention'' after \n ``Control'',\n (14) in section 402(b) by striking ``Alcohol, Drug Abuse, and \n Mental Health Administration'' and inserting ``Substance Abuse and \n Mental Health Services Administration'',\n (15) in section 411(e) by striking ``431(b)'' and inserting \n ``section 431(b)'',\n (16) in the first sentence of section 421(a) by striking \n ``purposes'' the last place it appears and inserting ``purpose'',\n (17) in section 429G(a)(2)(B)(v)(X) by striking ``and'' at the \n end,\n (18) in subsections (a) and (b)(2) of section 429I by striking \n ``black'' and inserting ``Black'',\n (19) in section 429J(a)(2)(D) by inserting ``of 1974'' after \n ``Act'',\n (20) in section 510 by striking ``section 203 of such Act (29 \n U.S.C. 1603)'' and inserting ``sections 203 and 204(d)(5)(A) of such \n Act (29 U.S.C. 1603, 1604(d)(5)(A))'', and\n (21) in subsections (c) and (d) of section 614 by striking \n ``Commission'' and inserting ``Assistant Secretary''.\n\nSEC. 3. ASSISTANT SECRETARY FOR AGING.\n\n (a) Amendments to the Older Americans Act of 1965.--The Older \nAmericans Act of 1965 (42 U.S.C. 3001-3058ee) is amended--\n (1) by amending section 102(2) to read as follows:\n ``(2) The term `Assistant Secretary' means the Assistant \n Secretary for Aging.'',\n (2) in section 201--\n (A) in subsection (a) by striking ``a Commissioner on'' and \n inserting ``an Assistant Secretary for'',\n (B) in subsection (c)--\n (i) in paragraph (2) by striking ``an Associate \n Commissioner on'' and inserting ``a Director of the Office \n for'', and\n (ii) in paragraph (3) by striking ``Associate \n Commissioner on'' and inserting ``Director of the Office \n for'',\n (C) in subsection (d)--\n (i) by striking ``an Associate Commissioner for \n Ombudsman Programs'' and inserting ``a Director of the \n Office of Long-Term Care Ombudsman Programs'', and\n (ii) by striking ``Associate Commissioner'' each place \n it appears and inserting ``Director'', and\n (D) by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary'',\n (3) in section 202--\n (A) in the heading by striking ``commissioner'' and \n inserting ``assistant secretary'',\n (B) in subsection (a)(21)(A) by striking ``Associate \n Commissioner for Ombudsman Programs'' and inserting ``Director \n of the Office of Long-Term Care Ombudsman Programs'',\n (C) in subsection (e)(1)(A)(iv) by striking ``Associate \n Commissioner on'' and inserting ``Director of the Office for'', \n and\n (D) by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary'',\n (4) in sections 212 and 429E--\n (A) by striking ``Associate Commissioner on'' and inserting \n ``Director of the Office for'', and\n (B) by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary'',\n (5) in section 307--\n (A) in subsections (d) and (e) by striking \n ``Commissioner's'' each place it appears and inserting \n ``Assistant Secretary's'', and\n (B) by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary'',\n (6) in section 311(a)(4)(B) by striking ``Commissioner'' and \n inserting ``Assistant Secretary for Aging'',\n (7) in section 427--\n (A) in subsection (a) by striking ``Commissioner'' and \n inserting ``Assistant Secretary'', and\n (B) in subsection (b) by striking ``Commissioner on Aging'' \n each place it appears and inserting ``Assistant Secretary'',\n (8) in subsections (a) and (b)(1) of section 503, and in section \n 505(a), by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary for Aging'',\n (9) in section 712--\n (A) in subsection (h)(4)(A) by striking ``Associate \n Commissioner for Ombudsman Programs'' and inserting ``Director \n of the Office of Long-Term Care Ombudsman Programs'', and\n (B) by striking ``Commissioner'' each place it appears and \n inserting ``Assistant Secretary'',\n (10) in section 751--\n (A) in subsection (a) by striking ``Associate Commissioner \n on'' and inserting ``Director of the Office for'', and\n (B) in subsections (a) and (b) by striking ``Commissioner'' \n each place it appears and inserting ``Assistant Secretary'',\n (11) in the headings of sections 338B(b), 429A(g)(2), \n 429G(c)(2), and 763(b) by striking ``Commissioner'' and inserting \n ``Assistant Secretary'',\n (12) in the heading of section 433 by striking ``commissioner'' \n and inserting ``assistant secretary'', and\n (13) by striking ``Commissioner'' each place it appears, and \n inserting ``Assistant Secretary'', in sections 203(a), 203A, 204(d), \n 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, \n 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, \n 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), \n 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 429I, 429J, 431, \n 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, \n 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a).\n (b) Amendments to Other Law.--(1) Section 5315 of title 5 of the \nUnited States Code is amended in the item relating to Assistant \nSecretaries of Health and Human Services by striking ``(5)'' and \ninserting ``(6)''.\n (2) Section 9(b) of the National Foundation on the Arts and the \nHumanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking \n``Commissioner on Aging'' and inserting ``Assistant Secretary for \nAging''.\n (3) Sections 911(a)(8) and 921(a)(2) of the Alzheimer's Disease and \nRelated Dementias Services Research Act of 1986 (42 U.S.C. 11211(a)(8), \n11221(a)(2)) are amended by striking ``Commissioner on Aging'' and \ninserting ``Assistant Secretary for Aging''.\n (4) Section 17(o)(3)(A) of the National School Lunch Act (42 U.S.C. \n1766(o)(3)(A)) is amended by striking ``Commissioner of Aging'' and \ninserting ``Assistant Secretary for Aging''.\n (c) References.--Any reference to the Commissioner on Aging in any \norder, rule, guideline, contract, grant, suit, or proceeding that is \npending, enforceable, or in effect on the date of the enactment of this \nAct shall be deemed to be a reference to the Assistant Secretary for \nAging.\nSEC. 4. MATTERS RELATING TO THE OLDER AMERICANS ACT AMENDMENTS OF 1992.\n (a) Technical Amendments.--The Older Americans Act Amendments of \n1992 (Public Law 102-375; 106 Stat. 1195-1310) is amended--\n (1) in section 202(g) by striking ``1993'' each place it appears \n and inserting ``1994'',\n (2) in section 211 by striking ``1994'' and inserting ``1995'', \n and\n (3) in section 502(b)--\n (A) in the matter preceding paragraph (1) by striking ``The \n first sentence of section'' and inserting ``Section'', and\n (B) in paragraph (1) by inserting ``in the first sentence'' \n after ``(1)''.\n (b) Delayed Applicability of Certain Amendments.--The amendments \nmade by--\n (1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) \n and (2) of subsection (a)), 305, 306, 307, and 317, and\n (2) title VII,\nof the Older Americans Act Amendments of 1992 (Public Law 102-375; 106 \nStat. 1221 et seq.) shall not apply with respect to fiscal year 1993.\nSEC. 5. TECHNICAL AMENDMENTS TO THE NATIVE AMERICAN PROGRAMS ACT OF \n1974.\n The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is \namended--\n (1) in section 802 by striking ``Alaskan'' and inserting \n ``Alaska'', and\n (2) in the first sentence of section 803(a) by striking \n ``nonreservation areas'' and inserting ``areas that are not Indian \n reservations or Alaska Native villages'',\n (3) in section 803A--\n (A) in subsections (b), (c), and (d)(1) by striking ``to \n which a grant is awarded under subsection (a)(1)'' each place it \n appears,\n (B) in subsection (d)(2) by striking ``to which a grant is \n made under subsection (a)(1)'', and\n (C) in subsection (f)(1) by striking ``for fiscal years \n 1988, 1989, and 1990 the aggregate amount $3,000,000 for all \n such fiscal years'' and inserting ``for each of the fiscal years \n 1992, 1993, and 1994, $1,000,000'',\n (4) in section 803B(c)--\n (A) in paragraph (5) by striking ``individuals who'' and \n inserting ``agencies described in section 803(a) that'', and\n (B) in paragraph (6) by striking ``such individuals'' and \n inserting ``Native Americans,'',\n (5) in section 806(a)(2) by striking ``Alaskan'' and inserting \n ``Alaska'',\n (6) in section 815--\n (A) in paragraph (2) by striking ``Alaskan'' each place it \n appears and inserting ``Alaska'', and\n (B) in paragraph (4) by adding a semicolon at the end, and\n (6) in section 816--\n (A) in subsections (a) and (b) by inserting a comma after \n ``803A'' each place it appears,\n (B) in subsection (c) by striking ``are'' and inserting \n ``is'',\n (C) in subsection (e) by striking ``fiscal years 1992 and \n 1993'' and inserting ``fiscal year 1994'', and\n (D) by redesignating subsections (e) and (f) as subsections \n (d) and (e), respectively.\nSEC. 6. AMENDMENTS REGARDING THE WHITE HOUSE CONFERENCE ON AGING.\n Title II of the Older Americans Amendments of 1987 (42 U.S.C. 3001 \nnote) is amended--\n (1) in section 202(a) by striking ``December 31, 1994'' and \n inserting ``May 31, 1995,'',\n (2) in section 203(b)--\n (A) in paragraph (1) by striking ``subsection (a)(2)'' and \n inserting ``subsection (a)(3)'', and\n (B) in paragraph (3) by striking ``subsection (a)(5)'' and \n inserting ``subsection (a)(6)'',\n (3) in section 204--\n (A) in subsection (a)--\n (i) in paragraph (1) by striking ``90 days after the \n enactment of the Older Americans Act Amendments of 1992'' \n and inserting ``December 31, 1993'', and\n (ii) in paragraph (2)(B) by striking ``60 days'' and \n inserting ``90 days'',\n (B) in subsection (b) by moving the left margin of paragraph \n (2) 2 ems to the right so as to align such margin with the left \n margin of paragraph (1), and\n (C) in subsection (d) by striking ``prescribed rate for GS-\n 18 under section 5332'' and inserting ``equivalent of the \n maximum rate of pay payable under section 5376'',\n (4) in section 206(5) by inserting ``of the United States'' \n after ``Virgin Islands'', and\n (5) in section 207--\n (A) in subsection (a)(1) by striking ``1994'' and inserting \n ``1996'', and\n (B) in subsection (b)--\n (i) in paragraph (1)--\n\n (I) by striking ``June 30, 1995, or'', and\n (II) by striking ``, whichever occurs earlier'',\n\n (ii) in paragraph (2)--\n\n (I) by striking ``June 30, 1995, or'', and\n (II) by striking ``, whichever occurs earlier,'', \n and\n\n (iii) in paragraph (3) by striking ``June 30, 1994'' and \n inserting ``December 31, 1995''.\nSEC. 7. AMENDMENTS TO THE COMMUNITY SERVICES BLOCK GRANT ACT.\n (a) Discretionary Authority.--Section 681(a)(2) of the Community \nServices Block Grant Act (42 U.S.C. 9910(a)(2)) is amended--\n (1) in subparagraph (D) by striking ``(including'' and all that \n follows through ``facilities'', and inserting ``, including rental \n housing for low-income individuals'',\n (2) by redesignating subparagraphs (E) and (F) as subparagraphs \n (F) and (G), respectively, and\n (3) by inserting after subparagraph (D) the following:\n ``(E) technical assistance and training programs regarding \n the planning and development of rural community facilities (in \n selecting entities to carry out such programs, the Secretary \n shall give priority to organizations described in subparagraph \n (D));''.\n (b) Annual Report.--Section 682 of the Community Services Block \nGrant Act (42 U.S.C. 9911) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by striking ``contract with'' and inserting \n ``awarding a grant or contract to'',\n (ii) by striking ``this subtitle'' and inserting \n ``section 674'', and\n (iii) by striking subparagraphs (A) and (B) and \n inserting the following:\n ``(A) The uses of the Community Services Block Grant to the \n States that are related to the purposes of the subtitle.\n ``(B) The number of entities eligible for funds under this \n subtitle, the number of low-income persons served under this \n subtitle, and that amount of information concerning the demographics \n of the low-income populations served by such eligible entities as is \n determined to be feasible.\n ``(C) Any information in addition to that described in \n subparagraph (B) that the Secretary considers to be appropriate to \n carry out this subtitle, except that the Secretary may not require a \n State to provide such additional information until the expiration of \n the 1-year period beginning on the date on which the Secretary \n notifies such State that such additional information will be \n required to be provided.'',\n (B) by striking paragraphs (2) and (3), and\n (C) by adding at the end the following:\n ``(2) In selecting an entity to prepare a report under this \nsubsection, the Secretary shall give a preference to any nonprofit \nentity that has demonstrated the ability to secure the voluntary \ncooperation of grantees under this subtitle in designing and \nimplementing national Community Services Block Grant information \nsystems.'', and\n (2) in subsection (b) by striking ``Not later'' and all that \n follows through ``prepared, the'', and inserting ``The''.\n (c) Technical Amendments.--The Community Services Block Grant Act \n(42 U.S.C. 9901-9912) is amended--\n (1) in section 673(4) by inserting ``of the United States'' \n after ``Virgin Islands'',\n (2) in section 674(a)--\n (A) in paragraphs (1)(B) and (2)(A)(ii) by striking \n ``681(c)'' each place it appears and inserting ``681(d)'', and\n (B) in paragraph (3) by inserting ``of the United States'' \n after ``Virgin Islands'',\n (3) in section 680(a) by striking ``681(c)'' and inserting \n ``681(d)'', and\n (4) in section 681A by striking ``Statewide'' and inserting \n ``statewide''.\nSEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE.\n Section 8 of Public Law 102-586 is amended by striking ``Child Care \nand Development Block Grant Act Amendments of 1992'' each place it \nappears and inserting ``Child Care and Development Block Grant Act of \n1990''.\nSEC. 9. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.\n (a) In General.--The first sentence of section 114(d) of the Child \nAbuse, Domestic Violence, Adoption and Family Services Act of 1992 (42 \nU.S.C. 5106a note; Public Law 102-295) is amended--\n (1) by striking ``on October 1, 1993, or'', and\n (2) by striking ``, whichever occurs first''.\n (b) Effective Date.--The amendments made by subsection (a) take \neffect on September 30, 1993.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Older Americans Act Technical Amendments of 1993 - Makes numerous miscellaneous technical amendments necessitated by the enactment of the Older Americans Act Amendments of 1992 to various provisions of the Older Americans Act of 1965 (OAA), including those extending the deadlines for certain reports to the Congress, and those under OAA and other specified Federal laws elevating the Commissioner on Aging to Assistant Secretary for Aging within the Department of Health and Human Services. Amends the Older Americans Act Amendments of 1992 to: (1) extend the deadlines for obligating funds for operation of the National Ombudsman Resource Center and National Center on Elder Abuse. And (2) delay the applicability of certain amendments, including those relating to vulnerable elder rights protection activities. Amends the Native American Programs Act of 1974 to: (1) make numerous miscellaneous technical amendments. And (2) authorize appropriations for FY 1994 for demonstration projects for research related to Native American studies and Indian policy development and for a plan for the establishment of a National Center for Native American Studies and Indian Policy Development. Amends the Older Americans Amendments of 1987 to: (1) extend the deadline for the President to convene the White House Conference on Aging. (2) authorize appropriations for FY 1995 and 1996 for the Conference. And (3) make miscellaneous technical amendments regarding Conference administration and availability of funds. Amends the Community Services Block Grant Act to: (1) make miscellaneous technical amendments to various provisions of such Act, (2) change annual reporting requirements. And (3) split the discretionary grants program for rural housing and community facilities into two separate items. Amends specified Federal law authorizing appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 to replace references to the Development Block Grant Act Amendments of 1992 with references to the Child Care and Development Block Grant Act of 1990. Amends the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 to make certain changes to the State grant program for child abuse and neglect prevention and treatment effective only after annual appropriations reach $40 million.","title":"Older Americans Act Technical Amendments of 1993","text_len":18621,"sum_len":2346} {"bill_id":"114_s2618","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid Directory of Caregivers \nAct'' or the ``Medicaid DOC Act''.\n\nSEC. 2. REQUIRING PUBLICATION OF FEE-FOR-SERVICE PROVIDER DIRECTORY.\n\n (a) In General.--Section 1902(a) of the Social Security Act (42 \nU.S.C. 1396a(a)) is amended by inserting after paragraph (77) the \nfollowing new paragraph:\n ``(78) provide that, not later than 180 days after the date \n of the enactment of this paragraph, in the case of a State plan \n that provides medical assistance on a fee-for-service basis or \n through a primary care case-management system described in \n section 1915(b)(1) (other than a primary care case management \n entity (as defined by the Secretary)), the State shall publish \n (and update on at least an annual basis) on the public Website \n of the State agency administering the State plan, a directory \n of the providers (including, at a minimum, primary and \n specialty care physicians) described in subsection (ll) that \n includes--\n ``(A) with respect to each such provider--\n ``(i) the name of the provider;\n ``(ii) the specialty of the provider;\n ``(iii) the address of the provider; and\n ``(iv) the telephone number of the \n provider; and\n ``(B) with respect to any such provider \n participating in such a primary care case-management \n system, information regarding--\n ``(i) whether the provider is accepting as \n new patients individuals who receive medical \n assistance under this title; and\n ``(ii) the provider's cultural and \n linguistic capabilities, including the \n languages spoken by the provider or by the \n skilled medical interpreter providing \n interpretation services at the provider's \n office;''.\n (b) Directory Providers Described.--Section 1902 of the Social \nSecurity Act (42 U.S.C. 1396a) is amended by adding at the end the \nfollowing new subsection:\n ``(ll) Directory Providers Described.--A provider described in this \nsubsection is--\n ``(1) in the case of a provider of a provider type for \n which the State agency, as a condition on receiving payment for \n items and services furnished by the provider to individuals \n eligible to receive medical assistance under the State plan, \n requires the enrollment of the provider with the State agency, \n a provider that--\n ``(A) is enrolled with the agency as of the date on \n which the directory is published or updated (as \n applicable) under subsection (a)(78); and\n ``(B) received payment under the State plan in the \n 12-month period preceding such date; and\n ``(2) in the case of a provider of a provider type for \n which the State agency does not require such enrollment, a \n provider that received payment under the State plan in the 12-\n month period preceding the date on which the directory is \n published or updated (as applicable) under subsection \n (a)(78).''.\n (c) Rule of Construction.--\n (1) In general.--The amendment made by subsection (a) shall \n not be construed to apply in the case of a State in which all \n the individuals enrolled in the State plan under title XIX of \n the Social Security Act (or under a waiver of such plan), other \n than individuals described in paragraph (2), are enrolled with \n a medicaid managed care organization (as defined in section \n 1903(m)(1)(A) of such Act (42 U.S.C. 1396b(m)(1)(A))), \n including prepaid inpatient health plans and prepaid ambulatory \n health plans (as defined by the Secretary of Health and Human \n Services).\n (2) Individuals described.--An individual described in this \n paragraph is an individual who is an Indian (as defined in \n section 4 of the Indian Health Care Improvement Act (25 U.S.C. \n 1603)) or an Alaska Native.\n (d) Exception for State Legislation.--In the case of a State plan \nunder title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), \nwhich the Secretary determines requires State legislation in order for \nthe respective plan to meet one or more additional requirements imposed \nby amendments made by this section, the respective plan shall not be \nregarded as failing to comply with the requirements of such title \nsolely on the basis of its failure to meet such an additional \nrequirement before the first day of the first calendar quarter \nbeginning after the close of the first regular session of the State \nlegislature that begins after the date of enactment of this section. \nFor purposes of the previous sentence, in the case of a State that has \na 2-year legislative session, each year of the session shall be \nconsidered to be a separate regular session of the State legislature.","summary":"Medicaid Directory of Caregivers Act or the Medicaid DOC Act This bill amends title XIX (Medicaid) of the Social Security Act to require a state to publish and annually update a directory of providers thatnbsp, participate in the state plan fornbsp. Medical assistance on a fee-for-service basis or through a primary care case-management system. nbsp. The directory must include each provider's name, specialty, address, and telephone number. nbsp. In addition, with respect to a provider that participates in a primary care case-management system, the directory must specify: (1)nbsp, the provider's language capabilities, and (2)nbsp, whether the provider is accepting new Medicaid patients.","title":"Medicaid DOC Act","text_len":5328,"sum_len":693} {"bill_id":"111_hr4619","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``E-Rate 2.0 Act of 2010''.\n\nSEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION.\n\n Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) \nis amended--\n (1) by redesignating paragraph (7) as paragraph (10); and\n (2) by adding after paragraph (6) the following:\n ``(7) Digital divide mitigation.--\n ``(A) In general.--The Commission shall implement a \n pilot program to extend broadband service to students \n who--\n ``(i) qualify for funding under the \n federally subsidized school lunch program;\n ``(ii) attend secondary schools that \n receive support under this section; and\n ``(iii) who possess a computer for use at \n home.\n ``(B) Use of funds.--The pilot program shall \n distribute funding to such secondary schools to \n dispense vouchers to eligible students to be used for \n monthly service fees for residential broadband service \n for such students.\n ``(C) Rules.--The Commission shall promulgate rules \n to implement the pilot program, including rules to \n prevent vouchers from being sold or transferred to non-\n qualifying individuals.\n ``(D) Limitations.--\n ``(i) Duration.--The pilot program shall be \n in effect for a period of 5 years after the \n effective date of the regulations promulgated \n under subparagraph (C).\n ``(ii) Maximum amount.--There is authorized \n to be appropriated to the Commission to \n implement the pilot program not more than \n $500,000,000 per year for the period described \n in clause (i).''.\n\nSEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMUNITY COLLEGES AND \n HEAD START PROGRAMS.\n\n (a) In General.--Section 254(h) of such Act (47 U.S.C. 254(h)) is \nfurther amended--\n (1) in paragraph (2)(A), by striking ``classrooms,'' and \n inserting ``classrooms, community colleges, head start \n programs''; and\n (2) in paragraph (10) (as redesignated under section \n 2(1))--\n (A) in subparagraph (C), by striking ``school,'' \n and inserting ``school, a community college, a head \n start program''; and\n (B) by adding at the end the following:\n ``(J) Community college.--The term `community \n college' has the meaning given the term `junior or \n community college' in section 312 of the Higher \n Education Act of 1965 (20 U.S.C. 1058).\n ``(K) Head start program.--The term `head start \n program' means any local public or private nonprofit \n agency that is designated by the Secretary of Health \n and Human Services as a Head Start agency under section \n 641 of the Head Start Act (42 U.S.C. 9836).''.\n (b) Pilot Project.--Section 254(h) of such Act (47 U.S.C. 254(h)) \nis further amended by inserting after paragraph (7), as added by \nsection 2, the following:\n ``(8) Community colleges and head start programs pilot \n project.--\n ``(A) In general.--The Commission shall implement a \n pilot project, not to exceed $150,000,000 in any one \n year, to extend funding for broadband equipment and \n services under this section to those community college \n or head start program applicants who best demonstrate \n need, maximization potential of broadband use \n consistent with their educational mission, and \n innovation with respect to use of broadband, web-based \n information and applications.\n ``(B) Rulemaking required.--The Commission shall \n adopt rules as necessary to implement this paragraph.\n ``(C) Specification.--For the first 5 years after \n the date of enactment of the E-Rate 2.0 Act of 2010, \n community colleges and head start programs shall \n receive funding for broadband equipment and services \n from the Federal government exclusively through this \n pilot project.''.\n\nSEC. 4. ELECTRONIC BOOKS PILOT PROJECT.\n\n Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) \nis further amended by inserting after paragraph (8), as added by \nsection 3, the following:\n ``(9) E-books for e-rate.--\n ``(A) In general.--The Commission shall implement a \n pilot project, not to exceed $50,000,000 in any one \n year, to extend to those secondary school applicants \n for funding under this section that are eligible for \n the highest percentage discounted rates under the \n Commission's regulations implementing this section an \n opportunity to apply for meaningfully discounted \n services and technologies for the use of electronic \n books.\n ``(B) Rulemaking required.--The Commission shall \n adopt such rules as may be necessary to implement this \n paragraph, including rules assuring that such \n technologies and services are incorporated into the \n course curricula of the applying secondary school and \n that implementation is on a technology-neutral basis.\n ``(C) Duration; report.--\n ``(i) In general.--The pilot project shall \n last 4 years in duration.\n ``(ii) Report.--At the end of the third \n year of the operation of the pilot project, the \n Commission shall prepare and submit to Congress \n a report assessing the project. The report \n shall include metrics to gauge the impact on \n digital literacy and overall learning \n associated with the student use of the \n electronic books project.\n ``(D) Rulemaking required.--The Commission shall \n commence and complete a rulemaking in the final year of \n the pilot project and determine whether the program \n should be extended or terminated, and if extended, what \n additional entities should be eligible for funding, \n what level of funding is reasonable and affordable for \n such program, and what other modifications to the \n program are warranted consistent with the public \n interest.''.\n\nSEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICATION PROCESS.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Federal Communications Commission shall \ndevelop and implement policies and procedures to streamline and \nsimplify the application process under section 254(h) of the \nCommunications Act of 1934 (commonly known as the ``E-Rate program'') \nfor the purpose of--\n (1) improving administration of the program;\n (2) increasing access to the benefits of the program;\n (3) minimizing the burden on applicants; and\n (4) maintaining measures to eliminate waste, fraud, and \n abuse.\n (b) Specific Modifications.--In carrying out subsection (a), the \nFederal Communications Commission shall consider whether the mission \nand goals of the E-Rate program would be better served by the following \nmodifications to the administration of the program:\n (1) The establishment of a multi-year application for \n Priority One services such that applicants would be required to \n submit funding requests only once every 3 years for recurring \n services (such as telephone and Internet access services).\n (2) The use of an interactive Web site for communicating \n with applicants.\n (3) The deployment of interactive technology tools, such as \n online application forms, as part of the application process to \n reduce the use of paper-based means of communication and to \n improve the ability of applicants to receive clear and current \n information regarding their applications and the E-Rate \n program.\n\nSEC. 6. E-RATE FUND CAP MODIFICATION.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Federal Communications Commission shall \ncomplete a proceeding to revise the amount of the cap provided for in \nsection 54.507(a) of title 47, Code of Federal Regulations, to account \nfor inflation.\n (b) Report to Congress.--Not later than 30 days after completing \nthe proceeding required by subsection (a), the Federal Communications \nCommission shall submit a report to Congress explaining what \nmethodology the Commission will use to determine the appropriate \nadjustment under such subsection.","summary":"E-Rate 2.0 Act of 2010 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to implement a five-year pilot program which distributes funding to secondary schools participating in the E-Rate program so that they can provide residential broadband service vouchers to students who are eligible to participate in the school lunch program and have a computer at home. Includes community colleges and Head Start agencies in the E-Rate program. Directs the FCC to implement a pilot program that, for the five years following this Act's enactment, is the exclusive source of federal funding for broadband equipment and services for community colleges and Head Start agencies. Requires the FCC to implement a four-year pilot program that allows secondary schools that are eligible for the highest percentage discounted rates under the E-Rate program to apply for meaningfully discounted services and technologies for the use of electronic books. Directs the FCC to: (1) develop and implement policies and procedures to streamline and simplify the E-Rate program application process. And (2) complete the proceeding to revise the E-Rate program funding cap so that the cap accounts for inflation.","title":"To amend the Communications Act of 1934 to create a pilot program to bridge the digital divide by providing vouchers for broadband service to eligible students, to increase access to advanced telecommunications and information services for community colleges and head start programs, to establish a pilot program for discounted electronic books, and for other purposes.","text_len":9603,"sum_len":1227} {"bill_id":"107_s1032","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Infectious Diseases \nControl Act of 2001''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) AIDS.--The term ``AIDS'' means the acquired immune \n deficiency syndrome.\n (2) Executive agency.--The term ``Executive agency'' has \n the meaning given the term in section 105 of title 5, United \n States Code.\n (3) Global fund.--The term ``global fund'' means the global \n fund to fight HIV\/AIDS, malaria, and tuberculosis established \n consistent with section 4.\n (4) HIV.--The term ``HIV'' means the human immunodeficiency \n virus, the pathogen that causes AIDS.\n (5) HIV\/AIDS.--The term ``HIV\/AIDS'' means, with respect to \n an individual, an individual who is infected with HIV or living \n with AIDS.\n (6) Secretary general.--The term ``Secretary General'' \n means the Secretary General of the United Nations.\n (7) World bank.--The term ``World Bank'' means the \n International Bank for Reconstruction and Development.\n\nSEC. ____03. FINDINGS.\n\n Congress makes the following findings:\n (1) HIV\/AIDS, tuberculosis, and malaria disproportionately \n affect the world's poorest countries and together will cost the \n lives of 6,000,000 people this year alone.\n (2) According to the Joint United Nations Programme on HIV\/\n AIDS (UNAIDS), more than 58,000,000 people worldwide have \n already been infected with HIV\/AIDS, a fatal disease that is \n devastating the health, economies, and social structures in \n dozens of countries in Africa, and increasingly in Asia, the \n Caribbean, and Eastern Europe.\n (3) AIDS has wiped out decades of progress in improving the \n lives of families in the developing world. As the leading cause \n of death in Africa, AIDS has killed 17,000,000 and will claim \n the lives of one quarter of the population, mostly productive \n adults, in the next decade. In addition, 13,000,000 children \n have been orphaned by AIDS--a number that will rise to \n 40,000,000 by 2010.\n (4) The World Health Organization (WHO) estimates that \n 8,000,000 people each year become sick with tuberculosis, one \n of the most dangerous contagious diseases, easily transmitted \n through the air from those infected. Globally, tuberculosis \n kills at least 2,000,000 each year, is the leading killer of \n women between 15 and 44 years old, and is the most common cause \n of death in Africa in those with HIV\/AIDS.\n (5) More than 40 percent of tuberculosis cases in the \n United States result from importation of tuberculosis from \n foreign-borne persons. Multidrug-resistant tuberculosis spreads \n because of inadequate control programs and inappropriate use of \n anti-tuberculosis drugs--mostly in the developing world. \n Without a concerted international effort to increase the \n implementation of WHO-approved control strategies, the United \n States risks importation of this particularly dangerous form of \n tuberculosis.\n (6) Malaria is a third disease that saps the social and \n economic strength tropical developing countries. Malaria \n affects more than 500,000,000 people each year and undermines \n not only the health and productivity of the world's poorest \n countries; malaria kills at least 1,000,000 each year, about \n 3,000 each day. In Africa, malaria kills a child every 40 \n seconds.\n (7) Beyond the human toll, the economic impact of AIDS, \n malaria, and tuberculosis on regional economies is severe. \n According to UNAIDS, HIV\/AIDS alone will reduce gross domestic \n product (GDP) of South Africa by 17 percent, or $22,000,000,000 \n over the next 10 years, and WHO estimates that sub-Saharan \n Africa's GDP would be 32 percent, or $100,000,000,000 higher \n now if malaria had been conquered 35 years ago. The current \n short term economic loss and direct cost of malaria is \n estimated to be up to $12,000,000,000 each year.\n (8) The UNAIDS program estimates it will cost \n $3,000,000,000 for basic AIDS prevention and care services in \n sub-Saharan Africa alone, and at least $2,000,000,000 more if \n anti-retroviral drugs are provided widely. But in Africa, only \n $500,000,000 is currently available from all donors, lending \n agencies, and African governments themselves.\n (9) For tuberculosis control, WHO estimates that a total of \n $1,000,000,000 per year will be necessary to effectively fight \n the tuberculosis epidemic, which will be spent to identify at \n least 70 percent of the cases and curing 85 percent of them. \n WHO indicates that an increase of $400,000,000 per year could \n make this goal a reality.\n (10) The Secretary General of the United Nations, Kofi \n Annan, has called for a global fund to halt and reverse the \n spread of HIV\/AIDS, malaria, and tuberculosis. The Secretary \n General proposed a multibillion dollar ``war chest'' financed \n jointly by donor governments and private contributors and, \n equally important, called on leaders from developing nations to \ngive a much higher priority in their budgets to development of \ncomprehensive health systems.\n (11) The Secretary General has outlined the following five \n objectives for the fight against AIDS:\n (A) To ensure that people everywhere know what to \n do to prevent infection.\n (B) To prevent the transmission from mother to \n child.\n (C) To provide care and treatment to those \n infected.\n (D) To provide care to those affected by AIDS, \n especially orphans.\n (E) To deliver scientific breakthroughs, especially \n vaccines.\n (12) Prevention of new infections is key, although \n treatment and care for those infected by HIV\/AIDS is an \n increasingly critical component of the global response. \n Improving health systems, providing home-based care, treating \n AIDS-associated diseases like tuberculosis, providing for \n family support and orphan care, and making anti-retroviral \n drugs against HIV available will reduce social and economic \n damage to families and communities.\n (13) Responding to the call from the Secretary General, the \n African heads of state meeting at the African Summit on HIV\/\n AIDS, tuberculosis, and other infectious diseases in Abuja, \n Nigeria, April 25-27, committed to increasing to at least 15 \n percent the proportion of their budgets allocated to the health \n sector.\n (14) Expanded United States financial support for new broad \n based international partnerships to control HIV\/AIDS, malaria, \n and tuberculosis can help leverage substantial increases in \n global commitments to narrow the gap between need and currently \n available resources.\n (15) The World Bank and WHO have demonstrated that \n investment in global public health activities to reduce HIV\/\n AIDS, malaria, and tuberculosis not only is a humanitarian \n imperative, it also helps bolster the economic and social \n development necessary to build political and trade alliances. \n Further, containment of international disease threats has \n beneficial ramifications for Americans who are increasingly \n susceptible to global infectious disease threats.\n\nSEC. 4. PURPOSES.\n\n The purposes of this Act are to provide for United States \nparticipation in a global effort to--\n (1) mitigate the effects, and control the spread, of HIV\/\n AIDS, malaria, and tuberculosis by supporting programs for the \n prevention of new infections and for the care and treatment of \n individuals infected with those diseases in countries seriously \n affected, especially programs that provide care for children \n orphaned by the HIV\/AIDS epidemic; and\n (2) provide the resources and leadership to control AIDS, \n malaria, and tuberculosis through support of programs that \n emphasize--\n (A) a science-based integrated approach that \n includes prevention of new infections and the treatment \n and care of infected individuals;\n (B) public-private partnerships; and\n (C) good governance.\n\nSEC. 5. GLOBAL FUND TO FIGHT HIV\/AIDS, MALARIA, AND TUBERCULOSIS.\n\n (a) Efforts To Reach Agreement for Establishment of Global Fund.--\n (1) In general.--The President, in consultation with the \n Secretary General and the heads of relevant Executive agencies, \n shall work with foreign governments, the United Nations and its \n relevant specialized agencies, the World Bank, and the private \n sector to reach an agreement for the establishment of a global \n fund to fight HIV\/AIDS, malaria, and tuberculosis, to carry out \n the purposes of section 4 (1) and (2).\n (2) Delegation of authority.--The President shall exercise \n the authority of this subsection through the Secretary of State \n and the Secretary of Health and Human Services, except that, \n with respect to the World Bank, the President shall exercise \n such authority through the Secretary of the Treasury.\n (b) Description of global fund.--The global fund should--\n (1) be a public-private partnership that includes \n participation of, and seeks contributions from, governments, \n foundations, the private sector, civil society, the United \n Nations system, nongovernmental organizations, and other \n parties;\n (2) pursue an integrated approach that includes the \n prevention of new infections and the treatment and care of \n infected individuals;\n (3) focus on promotion of ``best practices'' in the \n prevention of new infections by funding a core group of \n programs that have been proven effective and then funding \n additional programs;\n (4) promote scientific and medical accountability by \n requiring proposals to be reviewed and approved by medical and \n public health experts; and\n (5) respect intellectual property rights as an important \n incentive in the development of new drugs.\n (c) Composition.--The global fund should be composed as follows:\n (1) Board of trustees.--The global fund should be governed \n by a board of trustees, which should be composed of \n representatives of donors, recipients of funding, multilateral \n agencies, and such other parties as may be authorized by the \n agreement establishing the global fund.\n (2) Technical advisory group.--The board of trustees of the \n global fund should establish a technical advisory group, \n consisting of persons with demonstrated knowledge and \n experience in the fields of public health, epidemiology, health \n care delivery, health economics, and biomedical research, to \n advise the board of trustees with respect to funding proposals \n and other matters.\n (3) Secretariat and other bodies.--Other bodies, such as a \n small secretariat, should be established to support the work of \n the board of trustees of the global fund.\n (d) Program Objectives.--\n (1) Grant authority.--\n (A) In general.--In carrying out the purposes of \n section 4 (1) and (2), the global fund, acting through \n its board of trustees with guidance from the technical \n advisory group, should provide only grants, including \n grants for technical assistance to support measures to \n build local capacity in national and local government, \n civil society, and the private sector, with respect to \n the prevention of new infections and the care and \n treatment of individuals infected with disease.\n (B) Eligibility for grants.--Governments and \n nongovernmental organizations shall be eligible to \n receive grants from the global fund. Emphasis should be \n given to facilitating the funding of nongovernmental \n organizations, including both faith-based and secular \n groups working in communities, except that national \n authorities should set the overall plan and agenda for \n dealing with public health and infectious diseases in \n their countries.\n (2) Activities supported.--\n (A) In general.--Activities supported under \n paragraph (1) should include efforts to lead and \n implement effective and affordable HIV\/AIDS, malaria, \n and tuberculosis programs, including programs focused \n on prevention and health education and treatment and \n care services, including access to affordable drugs.\n (B) Emphasis on strong political leadership.--\n Emphasis should be given to ensuring strong political \n leadership in recipient countries, through the \n development and implementation of effective strategies \n against HIV\/AIDS, tuberculosis, and malaria; \n development of well managed, transparently administered \n health systems; and monitoring and evaluation of \n programs supported by the global fund.\n (C) Initial priority on combating hiv\/aids.--In \n view of the globalization of the AIDS epidemic, initial \n priority should be given to programs to combat HIV\/\n AIDS. Such programs should include the promotion of \n ``best practices'' in the prevention of new infections, \n including education that emphasizes risk avoidance such \n as abstinence, measures to stop mother-to-child \n transmission, and efforts to provide for the support \n and education of AIDS orphans and the families, \n communities, and institutions most affected by HIV\/\n AIDS.\n (e) Reports to Congress.--\n (1) Annual reports by the president.--Not later than one \n year after the date of the enactment of this Act, and annually \n thereafter for the duration of the global fund, the President \n shall submit to the appropriate committees of Congress a report \n on the global fund, including its structure, objectives, \n contributions, funded projects, and assessment of its \n effectiveness.\n (2) Appropriate committees defined.--In paragraph (1), the \n term ``appropriate committees of Congress'' means the Committee \n on Foreign Relations and the Committee on Appropriations of the \n Senate and the Committee on International Relations and the \n Committee on Appropriations of the House of Representatives.\n (f) United States Financial Participation.--\n (1) Authorization of appropriations.--In addition to any \n other funds authorized for multilateral or bilateral programs \n related to HIV\/AIDS, malaria, tuberculosis, or economic \n development, there is authorized to be appropriated to the \n Department of State $200,000,000 for fiscal year 2002 and \n $500,000,000 for fiscal year 2003 for payment to the global \n fund.\n (2) Reprogramming of fiscal year 2001 funds.--Funds made \n available for fiscal year 2001 under section 141 of the Global \n AIDS and Tuberculosis Relief Act of 2000 (as in effect \n immediately before the date of enactment of this Act)--\n (A) are authorized to remain available until \n expended; and\n (B) shall be transferred to, merged with, and made \n available for the same purposes as, funds made \n available for fiscal year 2002 under paragraph (1).\n (3) Certification requirement.--\n (A) In general.--Before the initial obligation or \n expenditure of funds appropriated under paragraph (1) \n or reprogrammed under paragraph (2), the President \n shall certify that adequate procedures and standards \n have been established to ensure accountability for and \n monitoring of the use of funds contributed to the \n global fund, including the cost of administering the \n global fund.\n (B) Transmittal of certification.--The \n certification required by subparagraph (A), and the \n bases for that certification, shall be submitted by the \n President to Congress.\n (4) Statutory construction.--Nothing in this Act may be \n construed to substitute for, or reduce resource levels \n otherwise appropriated by Congress for, bilateral and \n multilateral HIV\/AIDS, malaria, and tuberculosis programs.\n\nSEC. 6. REPEAL.\n\n Subtitle B of title I of the Global AIDS and Tuberculosis Relief \nAct of 2000 (22 U.S.C. 6821 et seq.) is hereby repealed.","summary":"International Infectious Diseases Control Act of 2001 - Directs the President to work with foreign governments, the United Nations (UN), the World bank, and the private sector to agree to the establishment of a global fund to fight HIVAIDS, malaria, and tuberculosis through the provision of grants to governments and nongovernmental organizations for implementation of effective and affordable HIVAIDS, malaria, and tuberculosis programs , urging emphasis be given to ensuring strong political leadership in recipient countries. Amends the Global AIDS and Tuberculosis Relief Act of 2000 to repeal the establishment of the World Bank AIDS Trust Fund.","title":"A bill to expand assistance to countries seriously affected by HIV\/AIDS, malaria, and tuberculosis.","text_len":18036,"sum_len":651} {"bill_id":"111_hr3498","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Statewide PTV Access Act of 2009''.\n\nSEC. 2. SECONDARY TRANSMISSION OF NONCOMMERCIAL STATIONS BY SATELLITE \n CARRIERS OUTSIDE LOCAL MARKETS.\n\n (a) Secondary Transmissions.--Section 119(a)(2)(C) of title 17, \nUnited States Code, is amended--\n (1) by redesignating clauses (iii), (iv), and (v) as \n clauses (iv), (v), and (vi), respectively; and\n (2) by inserting after clause (ii) the following:\n ``(iii) Noncommercial educational broadcast \n stations.--\n ``(I) Secondary transmissions \n within state-wide network.--In the case \n of a State-wide network of \n noncommercial educational broadcast \n stations, the statutory license \n provided for in subparagraph (A) shall \n apply to the secondary transmission of \n any noncommercial educational broadcast \n station in that State-wide network to \n any subscriber in any county within \n that State that is located outside that \n station's local market and is not \n served by a noncommercial educational \n television broadcast station that is \n located within that State.\n ``(II) State-wide network \n defined.--In this clause, the term \n `State-wide network of noncommercial \n educational broadcast stations' is a \n network of three or more noncommercial \n educational broadcast stations that are \n licensed to a single State, political, \n educational, or special purpose \n subdivision of a State, or a single \n public agency.''.\n (b) Royalty Fee.--Section 119(b)(1)(B) of title 17, United States \nCode, is amended by inserting ``or paragraph (2)(C)(iii)'' after \n``subscriber under paragraph (3)''.\n\nSEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.\n\n (a) In General.--Section 325(b)(2) of the Communications Act of \n1934 (47 U.S.C. 325 (b)(2)) is amended--\n (1) by striking ``or'' at the end of subparagraph (D);\n (2) by striking the period at the end of subparagraph (E) \n and inserting ``; or''; and\n (3) by inserting after subparagraph (E) the following new \n subparagraph:\n ``(F) to retransmission of the signal of a \n television broadcast station outside the station's \n local market by a satellite carrier directly to its \n subscribers, if--\n ``(i) such station is a part of a network \n of three or more noncommercial educational \n broadcast stations that are licensed to a \n single State, political, educational, or \n special purpose subdivision of a State, or a \n single public agency; and\n ``(ii) the satellite carrier retransmits \n the secondary signal of such eligible \n noncommercial educational broadcast station \n only to its subscribers--\n ``(I) located in any county within \n that State that is located outside that \n station's local market; and\n ``(II) not served by another \n noncommercial educational broadcast \n station that is located within that \n State;''.\n (b) Distant Signals.--Section 339(a)(1) of the Communications Act \nof 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the \nfollowing new subparagraph:\n ``(C) In the case of a network of three or more \n noncommercial educational broadcast stations that are \n licensed to a single State, political, educational, or \n special purpose subdivision of a State, or public \n agency, a satellite carrier may carry the signals of \n such network to all subscribers in any county within \n that State that is located outside that station's \n designated market area and is not served by another \n noncommercial educational broadcast station located \n within that State.''.","summary":"Statewide PTV Access Act of 2009 - Permits a satellite carrier to retransmit the signals of a state-wide network of noncommercial educational broadcast stations to any subscriber in any county within such state that is: (1) outside that station's local market. And (2) not served by an in-state noncommercial educational television broadcast station. Amends the Communications Act of 1934 to permit a satellite carrier to retransmit the signals of a television broadcast station outside the station's local market directly to its subscribers if: (1) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single state, political, educational, or special purpose subdivision of a state, or to a single public agency. And (2) the carrier retransmits such signal only to subscribers in a county within that state that is outside the station's local market and is not served by another in-state noncommercial educational broadcast station.","title":"To amend section 119 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers to retransmit the signals of certain noncommercial, educational broadcast stations outside their local markets, and for other purposes.","text_len":5076,"sum_len":1001} {"bill_id":"103_s998","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Art-in-Architecture Act of 1993''.\n\nSEC. 2. PURPOSE.\n\n Congress finds that Federal buildings, through the integration of \npermanent works of art with architecture, should engage and represent \nthe diverse social, cultural, and historic characteristics of the \ncommunities in which the Federal buildings are located and serve.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the General Services Administration or a \n designee of the Administrator.\n (2) Agency fine arts officer.--The term ``agency fine arts \n officer'' means the General Services Administration official \n with technical and professional agencywide oversight \n responsibility for the fine arts programs of the agency.\n (3) Artist.--The term ``artist'' means any individual, \n partnership, corporation, association, or other entity that \n creates a work of art.\n (4) Work of art.--The term ``work of art'' includes a \n painting, sculpture, work on paper, literary or poetic \n inscription, large-scale crafts (such as mosaics, ceramics, and \n tapestries), environmental art, or architectural art integrated \n into a building. A work of art is one that exists only in a \n single copy unless the Federal Government has given the artist \n written permission to fabricate actual size reproductions.\n (5) Federal building.--The term ``Federal building'' means \n any public building, along with the grounds, approaches, and \n appurtenances of the building, under the jurisdiction of the \n Administrator, that attracts, or is expected to attract, \n significant public use.\n (6) Project.--The term ``project'' means an existing or new \n building and site, including the art project, and all repair \n and alteration construction relating to a building.\n (7) Art project.--The term ``art project'' means the \n commissioning of works of art by the Administrator.\n (8) Art project funding.--The term ``art project funding'' \n means the total funds allocated to a project for commissioning \n a work of art.\n (9) Community representatives.--The term ``community \n representatives'' includes art professionals or members of the \n lay public invited or in attendance at art project meetings \n held by the Administrator to solicit comments on a proposed art \n project.\n\nSEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART.\n\n (a) Art Funding for New Buildings.--\n (1) In general.--Except as provided in subsection (b), not \n less than \\1\/2\\ of 1 percent of the funds made available for \n new construction, building purchase, acquisition, or \n prospectus-level repair and alteration projects shall be made \n available for art projects for the building.\n (2) Increase in amount.--The Administrator may increase the \n percentage amount specified in paragraph (1) for a project \n warranting more artwork, such as a building with exceptional \n public space whose architectural character and scale would \n accommodate and be significantly enhanced by large-scale, high-\n quality artwork.\n (3) Exception.--The Administrator may decrease the \n percentage amount specified in paragraph (1), specifying \n reasons for decreasing the amount, for a project warranting \n less artwork such as--\n (A) a building with little or no public use or \n access; or\n (B) a building with sufficient previously acquired \n artwork.\n (b) Planning.--The preliminary planning and design of each new \nFederal building shall include planning for art commissions.\n (c) Commissioning.--\n (1) Authority.--The Administrator shall commission works of \n art by living American artists to be placed in Federal \n buildings.\n (2) Amount of commission.--The commission award shall be \n based on a fixed price.\n (3) Selection.--In commissioning works of art, the \n Administrator shall select artists based upon--\n (A) the artistic merit of the previous work of the \n artist;\n (B) the estimated value of the proposed work of \n art, and the scope, complexity, and professional nature \n of the work of art;\n (C) the artistic media;\n (D) the social, cultural, and aesthetic judgments \n of the local and regional community;\n (E) the interest in giving expression to the \n vitality and diversity of American life; and\n (F) the professional review of the agency fine arts \n officer.\n (d) Procedures.--\n (1) Establishment of procedures.--The Administrator shall \n establish such procedures as are necessary to commission works \n of art, with an emphasis on the participation of community \n representatives.\n (2) Failure to negotiate contract.--If the Administrator is \n unable to negotiate a satisfactory contract with the selected \n artist, negotiations shall be terminated. The Administrator \n should undertake negotiations with alternate artists in order \n of merit.\n (3) Exemption from federal property and administrative \n services act.--Commissioning of art under this Act shall not be \n subject to title III of the Federal Property and Administrative \n Services Act of 1949 (41 U.S.C. 251 et seq.).\n (4) Publicity.--The Administrator shall publicize each \n prospective art project and shall give artists a reasonable \n period of time to respond for consideration.\n (e) Maintenance of Artwork.--The Administrator shall provide for \nnecessary services to maintain and preserve the works of art in a state \nof high quality.\n (f) Registry of Portfolios.--The agency fine arts officer shall \nmaintain a registry of portfolios and statements of qualifications for \nartists interested in being considered for art projects.","summary":"Art-in-Architecture Act of 1993 - Requires at least one half of one percent of funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects to be made available for art projects for each Federal building, except when the Administrator of the General Services Administration or a designee may increase or decrease that percentage under specified conditions. Requires the preliminary planning and design of each new Federal building to include planning for art commissions. Directs the Administrator to commission works of art by living American artists to be placed in Federal buildings. Sets forth requirements for commission amount, selection standards, procedures, artwork maintenance, and registry of portfolios.","title":"Art-in-Architecture Act of 1993","text_len":6432,"sum_len":780} {"bill_id":"110_s552","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Exxon Valdez Oil Spill Tax Treatment \nAct''.\n\nSEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON \n VALDEZ LITIGATION.\n\n (a) Income Averaging of Amounts Received From the Exxon Valdez \nLitigation.--\n (1) In general.--At the election of a qualified taxpayer \n who receives qualified settlement income during a taxable year, \n the tax imposed by chapter 1 of the Internal Revenue Code of \n 1986 for such taxable year shall be equal to the sum of--\n (A) the tax which would be imposed under such \n chapter if--\n (i) no amount of elected qualified \n settlement income were included in gross income \n for such year, and\n (ii) no deduction were allowed for such \n year for expenses (otherwise allowable as a \n deduction to the taxpayer for such year) \n attributable to such elected qualified \n settlement income, plus\n (B) the increase in tax under such chapter which \n would result if taxable income for each of the years in \n the applicable period were increased by an amount equal \n to the applicable fraction of the elected qualified \n settlement income reduced by any expenses (otherwise \n allowable as a deduction to the taxpayer) attributable \n to such elected qualified settlement income.\n Any adjustment under this section for any taxable year shall be \n taken into account in applying this section for any subsequent \n taxable year.\n (2) Coordination with farm income averaging.--If a \n qualified taxpayer makes an election with respect to any \n qualified settlement income under paragraph (1) for any taxable \n year, such taxpayer may not elect to treat such amount as \n elected farm income under section 1301 of the Internal Revenue \n Code of 1986.\n (3) Definitions.--For purposes of this subsection--\n (A) Applicable period.--The term ``applicable \n period'' means the period beginning on January 1, 1994, \n and ending on December 31 of the year in which the \n elected qualified settlement income is received.\n (B) Applicable fraction.--The term ``applicable \n fraction'' means the fraction the numerator of which is \n one and the denominator of which is the number of years \n in the applicable period.\n (C) Elected qualified settlement income.--The term \n ``elected qualified settlement income'' means so much \n of the taxable income for the taxable year which is--\n (i) qualified settlement income, and\n (ii) specified under the election under \n paragraph (1).\n (b) Contributions of Amounts Received to Retirement Accounts.--\n (1) In general.--Any qualified taxpayer who receives \n qualified settlement income during the taxable year may, at any \n time before the end of the taxable year in which such income \n was received, make one or more contributions to an eligible \n retirement plan of which such qualified taxpayer is a \n beneficiary in an aggregate amount not to exceed the amount of \n qualified settlement income received during such year.\n (2) Time when contributions deemed made.--For purposes of \n paragraph (1), a qualified taxpayer shall be deemed to have \n made a contribution to an eligible retirement plan on the last \n day of the taxable year in which such income is received if the \n contribution is made on account of such taxable year and is \n made not later than the time prescribed by law for filing the \n return for such taxable year (not including extensions \n thereof).\n (3) Treatment of contributions to eligible retirement \n plans.--For purposes of the Internal Revenue Code of 1986, if a \n contribution is made pursuant to paragraph (1) with respect to \n qualified settlement income, then--\n (A) except as provided in paragraph (4)--\n (i) to the extent of such contribution, the \n qualified settlement income shall not be \n included in taxable income, and\n (ii) for purposes of section 72 of such \n Code, such contribution shall not be considered \n to be investment in the contract, and\n (B) the qualified taxpayer shall, to the extent of \n the amount of the contribution, be treated--\n (i) as having received the qualified \n settlement income--\n (I) in the case of a contribution \n to an individual retirement plan (as \n defined under section 7701(a)(37) of \n such Code), in a distribution described \n in section 408(d)(3) of such Code, and\n (II) in the case of any other \n eligible retirement plan, in an \n eligible rollover distribution (as \n defined under section 402(f)(2) of such \n Code), and\n (ii) as having transferred the amount to \n the eligible retirement plan in a direct \n trustee to trustee transfer within 60 days of \n the distribution.\n (4) Special rule for roth iras and roth 401(k)s.--For \n purposes of the Internal Revenue Code of 1986, if a \n contribution is made pursuant to paragraph (1) with respect to \n qualified settlement income to a Roth IRA (as defined under \n section 408A(b) of such Code) or as a designated Roth \n contribution to an applicable retirement plan (within the \n meaning of section 402A of such Code), then--\n (A) the qualified settlement income shall be \n includible in taxable income, and\n (B) for purposes of section 72 of such Code, such \n contribution shall be considered to be investment in \n the contract.\n (5) Eligible retirement plan.--For purpose of this \n subsection, the term ``eligible retirement plan'' has the \n meaning given such term under section 402(c)(8)(B) of the \n Internal Revenue Code of 1986.\n (c) Qualified Settlement Income Not Included in SECA.--For purposes \nof chapter 2 of the Internal Revenue Code of 1986 and section 211 of \nthe Social Security Act, no portion of qualified settlement income \nreceived by a qualified taxpayer shall be treated as self-employment \nincome.\n (d) Qualified Taxpayer.--For purposes of this section, the term \n``qualified taxpayer'' means--\n (1) any plaintiff in the civil action In re Exxon Valdez, \n No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or\n (2) any beneficiary of the estate of such a plaintiff who--\n (A) acquired the right to receive qualified \n settlement income from that plaintiff; and\n (B) was the spouse or an immediate relative of that \n plaintiff.\n (e) Qualified Settlement Income.--For purposes of this section, the \nterm ``qualified settlement income'' means income received (whether as \nlump sums or periodic payments) in connection with the civil action In \nre Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), \nincluding interest (whether pre- or post judgment and whether related \nto a settlement or judgment).","summary":"Exxon Valdez Oil Spill Tax Treatment Act - Allows taxpayers who are plaintiffs in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) , or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action for the period beginning on January 1, 1994, and ending on December 31 of the year in which any settlement income is received. And (2) make contributions of any amount of such settlement income to certain tax-exempt retirement plans in the year such income is received.","title":"A bill to provide for the tax treatment of income received in connection with the litigation concerning the Exxon Valdez oil spill and for other purposes.","text_len":8269,"sum_len":557} {"bill_id":"112_hr6603","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tapping America's Energy Potential \nthrough Research and Development Act of 2012''.\n\nSEC. 2. ACTIVITIES.\n\n The Secretary, acting through the Assistant Secretary, shall carry \nout under this Act research, development, and demonstration activities \nof technologies that increase energy security and affordability by \nenabling the safe and responsible production of the vast domestic \nunconventional oil and gas resources of the United States. In carrying \nout the activities, the Secretary may conduct research and shall \nprovide grants, cooperative agreements, contracts, or other assistance \nthrough a competitive selection process to eligible entities.\n\nSEC. 3. OIL SHALE RESEARCH AND DEVELOPMENT ACTIVITIES.\n\n (a) In General.--The Secretary, acting through the Assistant \nSecretary, shall carry out research, development, and demonstration \nactivities to facilitate commercial application of energy technologies \nrelated to the exploration, development, and production of oil shale \nresources.\n (b) Objectives.--The objectives of such activities shall be--\n (1) to address scientific and technological barriers to \n enable economically feasible production of oil shale; and\n (2) to minimize potential associated environmental impacts.\n (c) Implementation Plan.--\n (1) In general.--Not later than 9 months after the date of \n enactment of this Act, the Secretary shall transmit to the \n Committee on Science, Space, and Technology of the House of \n Representatives and the Committee on Energy and Natural \n Resources of the Senate a program implementation plan that--\n (A) details constraints and opportunities affecting \n oil shale development;\n (B) identifies strategies to enable such \n development; and\n (C) identifies and prioritizes research, \n development, and demonstration activities necessary to \n advance program objectives.\n (2) Consultation.--The Assistant Secretary shall consult \n with a broad range of stakeholders in the development and \n implementation of the plan.\n (d) Activities.--The Assistant Secretary may conduct research and \nshall make awards to eligible entities for research, development, and \ndemonstration activities in areas that include the following:\n (1) Oil shale resource characterization.\n (2) Modeling and simulation of oil shale exploration and \n production technologies, including--\n (A) advanced diagnostics and imaging systems; and\n (B) advanced computing applied to the physics and \n chemistry of oil shale production.\n (3) Minimization and re-use of water, including--\n (A) benchmarking of current water use rates for \n multiple production methods;\n (B) potential reduction in water volume needed for \n operations; and\n (C) recovery, utilization, reduction, and improved \n management of produced water from exploration and \n production activities.\n (4) Efficient use of energy in exploration and production \n activities.\n (5) Utilization of exploration and production methods and \n materials that reduce the potential impact of such activities \n on the environment, including improved production methods for \n in-situ mining and ex-situ mining.\n (e) Activity Update.--Not later than 3 years after the date of \nenactment of this Act, the Secretary shall transmit to the Committee on \nScience, Space, and Technology of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a report on the \nprogress of the activities under this section.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to the Assistant Secretary to carry out the activities of \nthis section $10,000,000 for each of fiscal years 2013 through 2017.\n\nSEC. 4. SHALE EXTRACTION RESEARCH AND DEVELOPMENT ACTIVITIES.\n\n (a) In General.--The Secretary, acting through the Assistant \nSecretary, shall carry out research, development, and demonstration \nactivities to facilitate commercial application of energy technologies \nrelated to the exploration, development, and production of oil, natural \ngas, and other liquid resources from shale formations.\n (b) Objectives.--The objectives of such activities shall be--\n (1) to maximize the benefits of the United States shale oil \n and natural gas resources by advancing safe and responsible \n exploration, development, and production of these resources;\n (2) to minimize surface impacts from activities related to \n shale oil and natural gas production;\n (3) to focus on areas that provide benefits to the public \n and to industry; and\n (4) to advance the scientific and technological foundation \n available to producers, Federal and State Government agencies, \n and other stakeholders in identified research areas.\n (c) Activities.--The Assistant Secretary may conduct research and \nshall make awards to eligible entities for research, development, and \ndemonstration activities in areas that include the following:\n (1) Water use and demand, which may include--\n (A) potential reduction in the volume of water \n utilized for shale oil and natural gas production; and\n (B) alternative materials, substances, or \n ingredients for use in shale oil and natural gas \n operations that could mitigate the need for or volume \n of water used.\n (2) Water sourcing, which may include--\n (A) expanding options for sources of water used in \n shale oil and natural gas operations; and\n (B) alternatives to groundwater or freshwater, such \n as water recovered from industrial or agricultural \n operations, brackish water, or surface water unsuitable \n for human or agricultural use, in areas with water \n supply concerns.\n (3) Materials used in shale oil and natural gas operations, \n which may include--\n (A) increasing the efficiency of shale oil and \n natural gas operations by minimizing fluid use;\n (B) improving the understanding of the relationship \n between additives used in fracturing and the chemical \n and physical properties of different shale formations; \n and\n (C) enhancing permeability through improved \n proppants and other materials.\n (4) Diagnostic imaging and monitoring, which may include--\n (A) increasing understanding of the propagation of \n fractures within target zones; and\n (B) advancing fundamental technologies that enable \n improved tracking and enhanced understanding of \n fracture movements.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Assistant Secretary to carry out the activities of \nthis section $12,000,000 for each of fiscal years 2013 through 2015.\n\nSEC. 5. PRODUCED WATER UTILIZATION RESEARCH AND DEVELOPMENT ACTIVITIES.\n\n (a) In General.--The Secretary, acting through the Assistant \nSecretary, shall carry out research, development, and demonstration \nactivities to facilitate commercial application of energy technologies \nfor environmentally sustainable utilization of produced water for \nagricultural, irrigational, recreational, power generation, municipal, \nand industrial uses, or other environmentally sustainable purposes.\n (b) Activities.--The Assistant Secretary may conduct research and \nshall make awards to eligible entities for research, development, and \ndemonstration activities, including improving safety and minimizing \nenvironmental impacts of activities, in areas that include the \nfollowing:\n (1) Produced water recovery, including research for \n desalination and demineralization to reduce total dissolved \n solids in the produced water.\n (2) Produced water utilization for agricultural, \n irrigational, recreational, power generation, municipal, and \n industrial uses, or other environmentally sustainable purposes.\n (3) Re-injection of produced water into subsurface \n geological formations to increase energy production.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Assistant Secretary to carry out the activities of \nthis section $5,000,000 for each of fiscal years 2013 through 2017.\n\nSEC. 6. ELIGIBLE ENTITIES.\n\n To be eligible for a grant, cooperative agreement, contract, or \nother assistance under this Act, an applicant shall be--\n (1) an institution of higher education;\n (2) a National laboratory;\n (3) a private sector entity;\n (4) a nonprofit organization; or\n (5) a consortium of two or more entities described in \n paragraphs (1) through (4).\n\nSEC. 7. ADMINISTRATION.\n\n In carrying out the activities under this Act, the Secretary may \nenter into an agreement with a consortium whose members have \ncollectively demonstrated capabilities and experience in planning and \nmanaging research, development, demonstration, and commercial \napplication programs for unconventional natural gas and other petroleum \nproduction and produced water utilization.\n\nSEC. 8. COORDINATION.\n\n To the maximum extent practicable, the Secretary shall ensure that \nthe activities under this Act are coordinated with, and do not \nduplicate the efforts of, programs at the Department of Energy and \nother Government agencies.\n\nSEC. 9. COST SHARING.\n\n All activities authorized by this Act shall adhere to the cost \nsharing guidelines established by section 988 of the Energy Policy Act \nof 2005 (42 U.S.C. 16352).\n\nSEC. 10. LIMITATIONS.\n\n (a) In General.--All research, development, demonstration, and \ncommercial application activities authorized by this Act shall be \nlimited to technology areas that industry by itself is not likely to \nundertake because of technical and financial uncertainty.\n (b) Effect on Regulation.--Nothing in this Act creates any new \nauthority for any Federal agency, or may be used by any Federal agency, \nto support the establishment of regulatory standards or regulatory \nrequirements.\n\nSEC. 11. DEFINITIONS.\n\n In this Act:\n (1) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary of Energy for Fossil Energy.\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. \n 15801).\n (3) National laboratory.--The term ``National laboratory'' \n has the meaning given such term in section 2 of the Energy \n Policy Act of 2005 (42 U.S.C. 15801).\n (4) Oil shale.--The term ``oil shale'' means the geologic \n deposits in which the petroleum component kerogen has not fully \n transformed into oil or gas.\n (5) Produced water.--The term ``produced water'' means \n water from an underground source that is brought to the surface \n as a part of the process of exploration for or development of \n coalbed methane, oil, natural gas, or any other substance to be \n used as an energy source.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (7) Shale oil and natural gas.--The term ``shale oil and \n natural gas'' means oil, natural gas, and other liquid \n resources produced from shale formations.","summary":"Tapping America's Energy Potential through Research and Development Act of 2012 - Directs the Secretary of Energy (Secretary), acting through the Assistant Secretary of Energy for Fossil Energy, to implement research, development, and demonstration (RD) activities of technologies to: (1) enable safe and responsible production of domestic unconventional oil and gas resources. (2) facilitate commercial application of energy technologies for the exploration, development, and production of oil shale resources including oil, natural gas, and other liquid resources from shale formations. And (3) use produced water, in an environmentally sustainable manner, for agricultural, irrigational, recreational, power generation, municipal, and industrial purposes. Requires oil shale RD activities to include: (1) oil shale resource characterization, (2) modeling and simulation of oil shale exploration and production technologies, and (3) minimization and re-use of water. Requires shale extraction RD activities to include: (1) water use and demand, (2) water sourcing, (3) materials used in shale oil and natural gas operations, and (4) diagnostic imaging and monitoring. Includes among produced water utilization RD activities: (1) produced water recovery, (2) use of produced water for specified environmentally sustainable purposes, and (3) re-injection of produced water into subsurface geological formations to increase energy production. Limits such activities to technology areas that industry by itself is not likely to undertake because of technical and financial uncertainty.","title":"To authorize research, development, and demonstration activities that increase energy security and affordability by enabling the safe and responsible production of the United States vast domestic unconventional oil and gas resources.","text_len":12210,"sum_len":1583} {"bill_id":"110_hr6392","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alerting Lives through Effective and \nReliable Technological Systems Act of 2008'' or the ``ALERTS Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) numerous proven and tested technologies exist to enable \n the Federal Government to enhance its public alert and warning \n system;\n (2) the expected benefits of these enhancements include--\n (A) greater security, reliability, and redundancy \n of the system;\n (B) rapid alert dissemination;\n (C) an improved ability to notify remote locations;\n (D) the ability to geographically target and \n deliver alerts and warnings to multiple devices; and\n (E) the ability to permit State homeland security \n grants to be utilized for the purposes of modernizing \n public alert and warning systems;\n (3) there is a need to test the viability of delivering \n messages through diverse communications modes to effectively \n alert and warn the public;\n (4) there is a need to modernize and improve the ability of \n the Federal Government to provide residents of the United \n States with timely and effective warnings;\n (5) although significant Federal integration efforts are \n underway, the aggregation, dissemination, and reporting system \n necessary for effective public alert and warning will require \n an integrated national network for reliable, secure, and \n authentic dissemination of emergency alerts and warnings to and \n from all Federal, State, local, and tribal entities that alert \n the public when appropriate.\n\nSEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.\n\n (a) In General.--Title V of the Homeland Security Act of 2002 (6 \nU.S.C. 311 et seq.) is amended by adding at the end of the following \nnew section:\n\n``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM \n MODERNIZATION.\n\n ``(a) In General.--In order to provide timely and effective \nwarnings and disseminate homeland security and other information, the \nSecretary shall--\n ``(1) establish a national integrated public alert and \n warning system (in this section referred to as `the system') \n not later than two years after the date of the enactment of \n this section; and\n ``(2) designate an agency within the Department to receive, \n aggregate, validate, and authenticate homeland security and \n other information originated by authorized Federal, State, \n local, and tribal governments to facilitate the transmission of \n the Commercial Mobile Alert System.\n ``(b) Implementation Requirements.--In carrying out subsection (a), \nthe Secretary shall--\n ``(1) establish, as appropriate, common alerting and \n warning protocols, standards of performance, and terminology \n for the system established under subsection (a)(1) by adopting, \n where appropriate, mechanisms that integrate various approaches \n developed by key stakeholders;\n ``(2) include in the system the capability to adapt the \n dissemination of homeland security and other information and \n the content of communications on the basis of geographic \n location, risks, or user preferences, as appropriate;\n ``(3) include in the system the capability to alert and \n warn populations with special needs;\n ``(4) ensure that the system is incorporated into the \n training and exercise programs of the Department; and\n ``(5) coordinate, to the extent practicable, with other \n Federal agencies and departments and with State, local, and \n tribal governments, and other key stakeholders to leverage \n existing alert and warning capabilities.\n ``(c) System Requirements.--The Secretary shall ensure that the \nsystem--\n ``(1) incorporates redundant and diverse modes to \n disseminate homeland security and other information in warning \n messages to the public so as to reach the greatest number of \n individuals;\n ``(2) can be adapted to incorporate future technologies;\n ``(3) is resilient, secure, and can withstand acts of \n terrorism and other external attacks;\n ``(4) delivers alerts to populations in remote areas; and\n ``(5) promotes State, local, tribal, and regional \n partnerships to enhance coordination.\n ``(d) Report.--Not later than one year after the date on which the \nsystem established under subsection (a) is fully functional and every \nsix months thereafter, the Secretary shall submit to the Committee on \nHomeland Security of the House of Representatives and the Committee on \nHomeland Security and Governmental Affairs of the Senate, a report on \nthe functionality and performance of the integrated public alert and \nwarning system, including--\n ``(1) an assessment of the accomplishments and deficiencies \n of the system;\n ``(2) recommendations for improvements to the system;\n ``(3) information on the feasibility and effectiveness of \n disseminating homeland security and other information, notices, \n and alerts prior to and following an incident requiring use of \n the system.\n ``(e) Commercial Mobile Alert System Pilot Program.--\n ``(1) In general.--Not later than three months after the \n date of the enactment of this section, the Secretary shall \n develop within the integrated public alert and warning system \n the commercial mobile alert system to provide rapid \n dissemination of homeland security and other information over \n commercial mobile devices and conduct a pilot program for the \n purpose of increasing the reach of the integrated public alert \n and warning system.\n ``(2) Scope.--The Secretary shall select at least five \n States to participate in the pilot program. The Secretary shall \n ensure the participation of States that represent a geographic \n (including urban and rural) cross-section of the United States \n and that vary in risk to acts of terrorism.\n ``(3) Termination.--The authority to carry out a pilot \n program under this section shall terminate on the date that is \n six months after the date of the commencement of the pilot \n program.\n ``(4) Report.--Not later than three months after the \n termination of the pilot program, the Secretary shall submit to \n the Committee on Homeland Security of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate a report containing--\n ``(A) a description and assessment of the \n effectiveness of the pilot program;\n ``(B) any findings and conclusions of the Secretary \n with respect to the pilot program; and\n ``(C) any recommendations for improvements to the \n commercial mobile alert system.\n ``(f) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out this section $37,000,000 for \nfiscal year 2009 and such sums as may be necessary for each fiscal year \nthereafter.''.\n (b) Limitation on Statutory Construction.--Nothing in this Act \n(including the amendment made by this Act) shall be construed to affect \nthe authority of the Department of Commerce, the Federal Communications \nCommission, or the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act.\n (c) Homeland Security Grants.--Section 2008(a) of the Implementing \nRecommendations of the\n9\/11 Commission Act of 2007 (Public Law 110-53) is amended--\n (1) in paragraph (12), by striking ``and'' at the end;\n (2) by redesignating paragraph (13) as paragraph (14); and\n (3) by inserting after paragraph (12) the following new \n paragraph:\n ``(13) permitting State, local, and tribal governments to \n improve public alert and warning capabilities; and''.\n (d) Criminal Acts.--It shall be unlawful to tamper or interfere \nwith components of the system that are used or designed to deliver \nalerts and warnings that were purchased with public funds, including \nhomeland security grants. A violation of section 525 of the Homeland \nSecurity Act of 2002 (as added by section 3 of this Act) shall be \npunishable by a fine of not more than $10,000, imprisonment for not \nmore than ten years, or both.","summary":"Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system. (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices. And (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system. Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology. (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations. (3) ensure that the national warning system is incorporated into DHS training and exercise programs. And (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders. Directs the Secretary to conduct a pilot program to increase the national warning system's reach. Amends the Implementing Recommendations of the 911 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities. Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.","title":"To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate an agency within the Department of Homeland Security to modernize the integrated public alert and warning system of the United States to disseminate homeland security and other information, and for other purposes.","text_len":8874,"sum_len":1728} {"bill_id":"105_s1263","text":"SECTION 1. NATIONAL TESTS.\n\n (a) OERI Annual Spending Plan.--Notwithstanding any other provision \nof law, the Assistant Secretary for Educational Research and \nImprovement shall submit to the Committee on Appropriations of the \nSenate a spending plan for activities funded through the Office of \nEducational Research and Improvement for each fiscal year, prior to the \nobligation of any funds for the fiscal year.\n (b) Exclusive Authority.--Notwithstanding any other provision of \nlaw, the National Assessment Governing Board established under section \n412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) \n(hereafter in this section referred to as the ``Board'') shall \nhereafter have exclusive authority over all policies, direction, and \nguidelines for establishing and implementing voluntary national tests \nfor 4th grade English reading and 8th grade mathematics.\n (c) Availability.--The tests described in subsection (b) shall be \nmade available to a State, local educational agency, or private or \nparochial school, upon the request of the State, agency, or school, and \nthe use of the tests shall not be a condition for receiving any Federal \nfunds.\n (d) Contract.--\n (1) In general.--Within 90 days after the date of enactment \n of this Act, the Board shall review the national test \n development contract in effect on the date of enactment of this \n Act, and modify the contract as the Board determines necessary. \n If the contract cannot be modified to the extent determined \n necessary by the Board, the contract shall be terminated and \n the Board shall negotiate a new contract, under the Board's \n exclusive control, for the tests.\n (2) Board duties.--In exercising the Board's \n responsibilities under paragraph (1) regarding the national \n tests, and notwithstanding any action undertaken by the \n Department of Education or a person contracting with or \n providing services for the Department regarding the planning, \n or the development of specifications, for the tests, the Board \n shall--\n (A) ensure that the content and standards for the \n tests are the same as the content and standards for the \n National Assessment;\n (B) exercise exclusive authority over any expert \n panel or advisory committee that will be or is \n established with respect to the tests;\n (C) ensure that the tests are linked to the \n National Assessment to the maximum degree possible ;\n (D) develop test objectives, test specifications, \n and test methodology;\n (E) develop policies for test administration, \n including guidelines for inclusion of, and \n accommodations for, students with disabilities and \n students with limited English proficiency;\n (F) develop policies for reporting test results, \n including the use of standards or performance levels, \n and for test use;\n (G) have final authority over the appropriateness \n of all test items;\n (H) ensure that all items selected for use on the \n tests are free from racial, cultural, or gender bias; \n and\n (I) take such actions and make such policies as the \n Board determines necessary.\n (e) Consent Required.--No State or local educational agency may \nrequire any private or parochial school student, or home-schooled \nindividual, to take any test developed under this Act without the \nwritten consent of the student or individual.\n (f) NAGB Amendments.--Section 412 of the National Education \nStatistics Act of 1994 (20 U.S.C. 9011) is amended--\n (1) in subsection (b)(1)--\n (A) by amending subparagraph (A) to read as \n follows:\n ``(A) three Governors, or former Governors, of whom \n not more than 1 shall be a member of the same political \n party as the President;'';\n (B) by amending subparagraph (B) to read as \n follows:\n ``(B) two State legislators, of whom not more than \n 1 shall be a member of the same political party as the \n President;'';\n (C) in subparagraph (H), by striking ``one \n representative'' and inserting ``three \n representatives'';\n (D) by amending subparagraph (I) to read as \n follows:\n ``(I) two mayors, of whom not more than 1 shall be \n a member of the same political party as the \n President;'';\n (E) by striking subparagraph (J); and\n (F) by redesignating subparagraphs (K), (L), and \n (M) as subparagraphs (J), (K), and (L), respectively;\n (2) in subsection (c)--\n (A) in paragraph (1), by striking ``and may not \n exceed a period of 3'' and inserting ``and shall be for \n periods of 4''; and\n (B) in paragraph (2), by inserting ``consecutive'' \n after ``two'';\n (3) by amending subsection (d) to read as follows:\n ``(d) Vacancies.--As vacancies on the Board occur, new members of \nthe Board shall be appointed by the Secretary from among individuals \nwho are nominated by the Board after consultation with representatives \nof the individuals described in subsection (b)(1). For each vacancy, \nthe Board shall nominate at least 3 individuals who are qualified by \nexperience or training to fill the particular Board vacancy.''; and\n (4) in subsection (e) by adding at the end the following:\n ``(7) Independence.--In the exercise of its functions, \n powers, and duties, the Board shall be independent of the \n Secretary and the other offices and officers of the Department. \n The Secretary shall, by written delegation of authority, \n authorize the Board to award grants and contracts, and \n otherwise operate, to the maximum extent practicable, \n independent of the Department.''.\n (g) Appointments.--Not later than 30 days after the date of \nenactment of this Act, the Secretary of Education, in consultation with \nthe Speaker and Minority Leader of the House of Representatives, and \nthe Majority Leader and Minority Leader of the Senate, shall appoint \nindividuals to fill vacancies on the National Assessment Governing \nBoard caused by the expiration of the terms of members of the Board, or \nthe creation of new membership positions on the Board pursuant to \namendments made by this Act.","summary":"Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members. And (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.","title":"A bill to establish requirements regarding national tests in reading and mathematics.","text_len":6962,"sum_len":1751} {"bill_id":"112_hr2144","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``21st Century Global Health \nTechnology Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Applied research and development is a critical \n component of United States leadership in global health. \n Research and innovation can help to break the cycle of aid \n dependency by providing sustainable solutions to long-term \n problems. Research and development for global health is crucial \n for meeting new and emerging challenges, creating efficiencies, \n strengthening health systems, shifting tasks and strengthening \n workforces, and increasing access to health services for the \n most vulnerable. Research suggests that advances in health and \n medical technologies have been the major drivers behind massive \n improvements in health worldwide over the past century, \n resulting in an average increase in life expectancies of 21 \n years in low- and middle-income countries between 1960 and \n 2002.\n (2) Because of its presence in the field, the United States \n Agency for International Development (USAID) is uniquely placed \n to assess local health conditions, then partner with public and \n private stakeholders to ensure the development and timely \n introduction and scale-up of tools that are culturally \n acceptable, address serious and all-too-common health problems, \n and contribute to the strengthening of health systems. In a \n recent report to Congress, USAID calls health research \n ``integral'' to its ``ability to achieve its health and \n development objectives worldwide'' and states that innovation \n through research allows the agency ``to develop and introduce \n affordable health products and practices and contribute to \n policies appropriate for addressing health-related concerns in \n the developing world''. In 2006, USAID outlined a five-year \n health research strategy: ``Report to Congress: Health-Related \n Research and Development Activities at USAID (HRRD), May \n 2006'', with a timeline through 2010.\n (3) Congress notes the interrelated initiatives that USAID \n has taken to advance science, technology, and innovation for \n development, including the Grand Development Challenges, the \n Innovation Fund, Development Innovation Ventures, the \n Development Lab, and the Innovation Fellowship.\n (4) Applied research and development at USAID--\n (A) facilitates public-private collaboration in the \n development of global health technologies;\n (B) leverages public and private sector support for \n early stage research and development of health \n technologies to encourage private sector investment in \n late-stage technology development and product \n introduction in developing countries;\n (C) benefits the United States economy by investing \n in the growing United States global health technology \n sector, which--\n (i) provides skilled jobs for American \n workers;\n (ii) creates opportunities for United \n States businesses in the development and \n production of new technologies; and\n (iii) enhances United States \n competitiveness in the increasingly \n technological and knowledge-based global \n economy; and\n (D) enhances United States national security by--\n (i) reducing the risk of pandemic disease; \n and\n (ii) contributing to economic development \n and stability in developing countries.\n (5) Investments by the United States in affordable, \n appropriate health technologies, such as medical devices for \n maternal, newborn, and child care; new vaccines; new vaccine \n technologies and delivery tools; safe injection devices; \n diagnostic tests for infectious diseases; new tools for water, \n sanitation, and nutrition; multipurpose prevention \n technologies; information systems and mobile health and \n information systems; and innovative disease prevention \n strategies--\n (A) reduce the risk of disease transmission;\n (B) accelerate access to life-saving global health \n interventions for the world's poor;\n (C) reduce the burden on local health systems; and\n (D) have been found by the United States Government \n and the World Health Organization to result in \n significant cost savings for development assistance \n funds.\n (6) Product development partnerships (PDPs) are one model \n that is successfully accelerating research to benefit the \n developing world. PDPs are non-profit, nongovernmental entities \n that work to accelerate the development of new tools to fight \n diseases in resource-poor settings. Typically, PDPs manage \n resources and partnerships from across public, private, and \n philanthropic sectors to drive the development of a full \n pipeline of potential new products that could save and improve \n lives in the developing world. USAID has played a significant \n role in advancing the PDP model through its financial support. \n Over the past decade, the achievements of PDPs have become \n increasingly successful at advancing new products through the \n development pipeline towards registration, product \n introduction, and use.\n (7) Through a cooperative agreement, known as the Health \n Technologies program, USAID supports the development of \n technologies that--\n (A) maximize the limited resources available for \n global health; and\n (B) ensure that products and medicines developed \n for use in low-resource settings reach the people that \n need such products and medicines.\n Through the Health Technologies program, 85 technologies have \n been invented, designed, developed, or co-developed, with many \n of these technologies moved to global use and billions of units \n used worldwide. Over its 25-year history, more than 95 private-\n sector collaborators have been involved in the Health \n Technologies program, matching USAID dollars two to one.\n (8) USAID's translational research is complementary to the \n work of other agencies:\n (A) The Quadrennial Development and Diplomacy \n Review (QDDR) proposes to transition leadership of the \n Global Health Initiative (GHI) to USAID with a target \n date of the end of 2012. A core principle of the GHI is \n ``Research and innovation''.\n (B) The Presidential Policy Directive on Global \n Development identifies innovation as contributing to \n the resolution of ``long-standing development \n challenges''.\n (C) The QDDR affirms that ``US leadership in \n science and innovation is often linked to our ability \n to contribute to a safer, healthier, and more stable \n world.''.\n\nSEC. 3. PURPOSES.\n\n The purpose of this Act is to codify the cooperative agreement, \nknown as the Health Technologies program, in effect as of the date of \nthe enactment of this Act, under which the United States Agency for \nInternational Development supports the development of technologies for \nglobal health to--\n (1) improve global health;\n (2) reduce maternal, newborn, and child mortality rates;\n (3) reverse the incidence of HIV\/AIDS, malaria, \n tuberculosis, and other infectious diseases;\n (4) reduce the burden of chronic diseases; and\n (5) support research and development that is consistent \n with a global development strategy and other related strategies \n developed by USAID.\n\nSEC. 4. CODIFICATION OF HEALTH TECHNOLOGIES PROGRAM.\n\n Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is \namended by adding at the end the following:\n ``(c) Health Technologies Program.--(1) There is established in the \nUnited States Agency for International Development (USAID) a health \ntechnologies program (referred to in this subsection as the `program').\n ``(2) The program shall develop, advance, and introduce affordable, \navailable, and appropriate and primarily late-stage technologies \nspecifically designed to--\n ``(A) improve the health and nutrition of populations in \n developing countries;\n ``(B) reduce maternal, newborn, and child mortality in such \n countries; and\n ``(C) improve the diagnosis, prevention, and reduction of \n disease, especially HIV\/AIDS, malaria, tuberculosis, and other \n infectious diseases, in such countries.\n ``(3) The program shall be carried out under a cooperative \nagreement between USAID and one or more institutions with a successful \nrecord of--\n ``(A) advancing the technologies described in paragraph \n (2); and\n ``(B) integrating practical field experience into the \n research and development process in order to introduce the most \n appropriate technologies.\n ``(4) The provisions of this subsection codify the cooperative \nagreement, known as the Health Technologies program, in effect as of \nthe date of the enactment of this subsection, under which USAID \nsupports the development of technologies for global health. The \nprovisions of this subsection do not establish a new cooperative \nagreement or program for such purposes.''.\n\nSEC. 5. REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID.\n\n (a) In General.--The Administrator of the United States Agency for \nInternational Development (referred to in this subsection as ``USAID'') \nshall submit to Congress an annual report on research and development \nactivities at USAID.\n (b) Matters To Be Included.--The report required by subsection (b) \nshall describe--\n (1) updates on its strategy for using research funds to \n stimulate the development and introduction of key products;\n (2) USAID's collaborations and coordination with other \n Federal departments and agencies in support of translational \n and applied global health research and development;\n (3) its investments for the fiscal year in science, \n technology, and innovation;\n (4) how these technologies and research products complement \n the work being done by other Federal departments and agencies, \n if applicable; and\n (5) technologies and research products that have been \n introduced into field trials or use.","summary":"st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) develop and introduce technologies designed to improve health and nutrition in developing countries, reduce maternal, newborn, and child mortality, and improve disease diagnosis and prevention, especially HIVAIDS, malaria, tuberculosis, and other infectious diseases. And (2) be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing such technologies and integrating practical field experience into the research and development process. Codifies the Program.","title":"To amend the Foreign Assistance Act of 1961 to codify the cooperative agreement, known as the Health Technologies program, under which the United States Agency for International Development supports the development of technologies for global health, and for other purposes.","text_len":11435,"sum_len":737} {"bill_id":"104_s1920","text":"SECTION 1.\n\n (a) The Alaska National Interest Lands Conservation Act (Public Law \n96-487, 94 Stat. 2371) is amended as follows: Section 101 is amended by \nthe addition of a new subsection (e) as follows:\n ``(e) In order to comply with this Act all Federal public land \nmanagers in Alaska, or a region that includes Alaska, shall participate \nin an ANILCA training class as outlined in this legislation to be \ncompleted within 120 days after enactment. All future appointed Federal \npublic land managers in Alaska, or a region containing Alaska, are \nrequired to complete the aforementioned ANILCA training within 60 days \nof appointments.''.\n (b) Section 103(c) is amended by inserting ``validly selected or'' \nin the second sentence before the word ``conveyed''.\n (c) Section 202(1) is amended by adding the following at the end \nthereof: ``Subsistence uses by local residents shall be permitted in \nthe park where such uses are traditional in accordance with the \nprovisions of title VIII.''.\n (d) Section 302(1)(B) is amended by adding the following new \nsubparagraph (v) at the end thereof:\n ``(v) to provide opportunities for fish and \n wildlife dependent recreation, including \n fishing and hunting.''.\n (e) Section 303(1)(B) is amended by adding the following new \nsubparagraph (vi) at the end thereof:\n ``(vi) to provide opportunities for fish \n and wildlife dependent recreation, including \n fishing and hunting.''.\n (f) In section 1102 add a new subsection (5) at the end thereof:\n ``(5) The term `compatible with the uses for which the unit \n was established' means activities which would not cause \n significant adverse impacts on conservation system units \n purposes.''.\n (g) Section 1105 is amended by designating the existing language as \nsubsection (a) and inserting a new subsection (b) as follows:\n ``(b) Any alternative route that may be identified by the head of \nthe Federal agency shall not be less economically feasible and prudent \nthan the route for the system being sought by the applicant.''.\n (h) Section 1109 is amended by deleting ``access.'' and inserting \nin lieu thereof adding ``access, including rights-of-way established \nunder Revised Statute 2477.''.\n (i) Section 1110(a) is amended by adding ``specifically and \ntangibly'' in the second sentence before the word ``detrimental''.\n (j) The second sentence in section 1110(a) is amended by striking \n``area'' and inserting in lieu thereof: ``area: Provided, That \nreasonable regulations shall not include any requirements for the \ndemonstration of pre-existing use, and: Provide further, That the \nSecretary shall limit any prohibitions to the smallest area \npracticable, to the smallest period of time, or both. No prohibition \nshall occur prior to formal consultation with the State of Alaska.''.\n (k) The last sentence of section 1110(b) is amended by inserting \n``may include easements, rights-of-way, or other interests in land or \npermits and'' immediately after ``such rights''.\n (l) In the last sentence of section 1110(b), strike ``lands.'' and \ninserting in lieu thereof the following: ``lands: Provided, That the \nSecretary shall not impose any unreasonable fees or charges on those \nseeking to secure their rights under this subsection. Individuals or \nentities possessiong rights under this subsection shall not be subject \nto the requirement of sections 1104, 1105, 1106, and 1107 herein.''.\n (m) Section 1301(d) is amended by striking ``permit'' in the final \nsentence and inserting in lieu thereof ``shall enable''.\n (n) Section 1303(a)(1)(D) is amended by striking ``located.'' and \ninserting in lieu thereof the following: ``located: Provided, That the \napplicant may not be required to waive, forfeit, or relinquish its \npossessory or personalty interests in a cabin or structure.''.\n (o) Section 1303(a)(2)(D) is amended by striking ``located.'' and \ninserting in lieu thereof the following: ``located: Provided, That the \napplicant may not be required to waive, forfeit, or relinquish its \npossessory or personalty interests in a cabin or structure.''.\n (p) Section 1303(b)(3)(D) is amended by striking ``located.'' and \ninserting in lieu thereof the following: ``located: Provided, That the \napplicant may not be required to waive, forfeit, or relinquish its \npossessory or personalty interests in a cabin or structure.''.\n (q) Section 1303 is amended by adding a new subsection (e) as \nfollows:\n ``(e) All permits, permit renewals, or renewal or continuation of \nvalid leases issued pursuant to this section shall provide for repair, \nmaintenance, and replacement activities and may authorize alterations \nto cabins and similar structures that do not constitute a significant \nimpairment of unit purposes.''.\n (r) Section 1307 is amended by adding a new sentence at the end as \nfollows: ``Inability to provide the service for up to a five year \nperiod shall not constitute a relinquishment of a right under this \nsection.''.\n (s) Section 1313 is amended at the end of the first sentence by \nstriking ``regulation.'' and inserting the following: ``regulation: \nProvided, That a purpose of all preserves units is to provide for fish \nand wildlife dependent recreation including fishing and hunting.''.\n (t) Section 1314(c) is amended by striking ``law.'' at the end of \nthe first sentence and inserting the following: ``law: Provided, That \nthe taking of fish and wildlife for sport purposes shall be permitted \non each unit of the Refuge system in Alaska, and: Provided further, \nThat the Secretary may designate zones where and periods when no \nhunting, fishing, and trapping may be permitted for reasons of public \nsafety, administration, floral and faunal protection, or public use and \nenjoyment. Except in emergencies, any regulations prescribing such \nrestrictions relating to hunting, fishing, or trapping shall be put \ninto effect only after consultation with the appropriate State agency \nhaving responsibility over hunting, fishing, and trapping.''.\n (u) Section 1315 is amended by adding a new subparagraph ``(g) as \nfollows:\n ``(g) Within National Forest Wilderness Areas and National Forest \nMonument Areas as designated in this Act, the Secretary of Agriculture \nmay permit or otherwise regulate helicopter use and landings.''.\n (v) Section 1316(a) is amended in the first sentence be deleting \n``equipment'' and inserting in lieu thereof: ``equipment, including \nmotorized and mechanical equipment,''.\n (w) Section 1316(a) is amended in the second sentence by striking \n``consistent with the protection'' and inserting in lieu thereof ``not \ninconsistent with the conservation''.\n (x) Section 1316(a) is amended by striking ``permittee.'' in the \nlast sentence and inserting in lieu thereof the following: ``permittee: \nProvided, That structures and facilities may be allowed to stand from \nseason to season.''.\n (y) Section 1316(b) is amended by inserting ``significantly'' \nbefore the word ``detrimental''.\n (z) Section 1317(c) is amended by deleting ``section.'' and \ninserting in lieu thereof: ``section: Provided, That the Secretary \nshall not establish management directives, guidelines, policies or \nprescriptions for the purpose of administering any study area to \npreserve wilderness values prior to action by Congress on \nrecommendations, if any, for wilderness designation of a study area.''.\n (aa) Section 1319 is amended by designating the existing text as \nsubsection ``(a)'' and adding the following subsection (b):\n ``(b) Nothing in this Act shall be construed as limiting or \nrestricting the power and authority of the State of Alaska except as \nexpressly provided herein.''.\n (bb) The first sentence of section 1326(a) is amended be striking \n``withdraws'' in the first sentence and inserting in lieu thereof: \n``withdraws, redesignates or reclassifies into a more restrictive land \nmanagement category''.","summary":"Amends the Alaska National Interest Lands Conservation Act to add a new congressional statement of purpose which requires all Federal public land managers in Alaska to participate in an ANILCA training class. Defines, for purposes of title XI of such Act, compatible with the uses for which the unit was established to mean activities which would not cause significant adverse impacts on conservation system unit purposes. Requires, under such title, that any alternative transportation or utility system route that may be identified by the head of a Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant. Revises provisions concerning, among other things: (1) right of access to State or private owners or occupiers. (2) the use of snowmobiles, airplanes, and nonmotorized surface transportation for traditional activities. (3) possessory or personalty interests in, as well as alterations to, cabins located on conservation system units, (4) the taking of fish and wildlife. And (5) helicopter landings. Prohibits the Secretary of the Interior from establishing policies for the purpose of administering any study area to preserve wilderness values prior to action by the Congress. Prohibits anything in ANILCA from being construed as limiting or restricting the power and authority of the State of Alaska, except as expressly provided.","title":"A bill to amend the Alaska National Interest Lands Conservation Act, and for other purposes.","text_len":8123,"sum_len":1411} {"bill_id":"111_hr1779","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Crimes Resources Act of \n2009''.\n\nSEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE \n CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD \n INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF \n PROGRAMS, AND FINANCIAL CRIMES.\n\n (a) Additional Funding for Resources.--\n (1) Authorization.--For the purposes described in \n subsection (b), there are authorized to be appropriated for \n each of the fiscal years 2010 through 2012--\n (A) to the Director of the United States Secret \n Service, $20,000,000;\n (B) to the Director of the Federal Bureau of \n Investigation, $100,000,000;\n (C) to the Attorney General, for--\n (i) the Criminal Division of the Department \n of Justice, $20,000,000;\n (ii) the Civil Division of the Department \n of Justice, $15,000,000;\n (iii) the Tax Division of the Department of \n Justice, $5,000,000; and\n (iv) the offices of the United States \n Attorneys, $50,000,000;\n (D) to the Inspector General of the Department of \n Housing and Urban Development, $30,000,000;\n (E) to the Chief Postal Inspector of the United \n States Postal Inspection Service, $30,000,000; and\n (F) to the Director of the Administrative Office of \n the United States Courts, $20,000,000.\n (2) Additional funding and availability.--The amounts \n authorized under paragraph (1) are in addition to amounts \n otherwise authorized in other Acts, and shall remain available \n until expended.\n (b) Use of Additional Funding.--Funds made available under \nsubsection (a)(1) shall be used--\n (1) by the recipients described in subparagraphs (A) \n through (E) of such subsection, to provide for resources to \n investigate and prosecute criminal activity involving \n computers, crimes of fraud involving Federal economic \n assistance and relief programs, and financial crimes, including \n mortgage fraud, securities fraud, and financial institution \n fraud; and\n (2) by the recipient described in subparagraph (F) of such \n subsection, for costs associated with providing defense \n services in cases in which a defendant is charged with criminal \n activity involving computers, crimes of fraud involving Federal \n economic assistance and relief programs, and financial crimes, \n including mortgage fraud, securities fraud, and financial \n institution fraud.\n\nSEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT.\n\n (a) In General.--Subject to the availability of amounts provided in \nadvance in appropriations Acts, the Assistant Attorney General for the \nOffice of Justice Programs of the Department of Justice may award \ngrants to States to establish and develop programs to increase and \nenhance enforcement against criminal activity involving computers and \nfinancial crimes, including mortgage fraud, securities fraud, and \nfinancial institution fraud.\n (b) Application.--To be eligible for a grant under subsection (a), \na State shall submit an application to the Assistant Attorney General \nfor the Office of Justice Programs of the Department of Justice at such \ntime, in such manner, and containing such information, including as \ndescribed in subsection (d), as the Assistant Attorney General may \nrequire.\n (c) Use of Grant Amounts.--A grant awarded to a State under \nsubsection (a) shall be used by a State to establish and develop \nprograms to--\n (1) assist State and local law enforcement agencies in \n enforcing State and local criminal laws relating to criminal \n activity involving computers and financial crimes;\n (2) assist State and local law enforcement agencies in \n educating the public to prevent and identify criminal activity \n involving computers and financial crimes;\n (3) educate and train State and local law enforcement \n officers and prosecutors to conduct investigations, forensic \n analyses of evidence, and prosecutions of criminal activity \n involving computers and financial crimes;\n (4) assist State and local law enforcement officers and \n prosecutors in acquiring computer and other equipment to \n conduct investigations and forensic analysis of evidence of \n criminal activity involving computers and financial crimes;\n (5) assist public defenders with providing defense services \n to defendents in cases in which the defendant is charged with \n criminal activity involving computers or a financial crime, \n including mortgage fraud, securities fraud, and financial \n institution fraud; and\n (6) facilitate and promote communication between Federal, \n State, and local law enforcement to improve the sharing of \n Federal law enforcement expertise and information about the \n investigation, forensic analysis of evidence, and prosecution \n of criminal activity involving computers and financial crimes \n with State and local law enforcement officers and prosecutors, \n including the use of multi-jurisdictional task forces.\n (d) Assurances and Eligibility.--To be eligible to receive a grant \nunder subsection (a), a State shall provide assurances to the Assistant \nAttorney General for the Office of Justice Programs of the Department \nof Justice that the State--\n (1) will provide an assessment of the resource needs of the \n State and units of local government within that State, \n including criminal justice resources being devoted to the \n investigation and enforcement of laws related to criminal \n activity involving computers and financial crimes;\n (2) will develop a plan for coordinating the programs \n funded under this section with other federally funded technical \n assistance and training programs; and\n (3) will submit to the Assistant Attorney General for the \n Office of Justice Programs of the Department of Justice \n applicable reports in accordance with subsection (f).\n (e) Matching Funds.--The Federal share of a grant received under \nthis section may not exceed 90 percent of the total cost of a program \nor proposal funded under this section unless the Assistant Attorney \nGeneral for the Office of Justice Programs of the Department of Justice \nwaives, wholly or in part, the requirements of this subsection.\n (f) Reports.--For each year that a State receives a grant under \nsubsection (a) for a program, the State shall submit to the Assistant \nAttorney General for the Office of Justice Programs of the Department \nof Justice a report on the results, including the effectiveness, of \nsuch program during such year.\n (g) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section $250,000,000 for each of the fiscal \n years 2010 through 2012.\n (2) Limitations.--Of the amount made available to carry out \n this section in any fiscal year, not more than 3 percent may be \n used for salaries and administrative expenses for the \n Department of Justice.\n (3) Minimum amount.--Each State submitting an application \n for, and eligible to receive, a grant under this section for a \n fiscal year shall be allocated under this section, in each such \n fiscal year, not less than 0.75 percent of the total amount \n appropriated in such fiscal year for grants pursuant to this \n section, except that not less than 0.25 percent of such total \n amount shall be allocated to the United States Virgin Islands, \n American Samoa, Guam, and the Northern Mariana Islands, \n collectively.\n (4) Grants to indian tribes.--Notwithstanding any other \n provision of this section, the Assistant Attorney General for \n the Office of Justice Programs of the Department of Justice may \n use amounts made available under this section to make grants to \n Indian tribes for use in accordance with this section.","summary":"Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the US Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes.","title":"To provide for resources for the investigation and prosecution of financial crimes, and for other purposes.","text_len":8655,"sum_len":695} {"bill_id":"104_s2019","text":"SECTION 1. FINDINGS.\n\n Congress finds that--\n (1) the United States exercises sovereignty over Puerto \n Rico pursuant to the Treaty of Paris proclaimed by President \n McKinley on April 11, 1899, Article IX of which provides that \n the ``civil rights and political status of the native \n inhabitants'' of Puerto Rico ``shall be determined by the \n Congress'';\n (2) Congress continues to carry out all Federal \n responsibilities with respect to Puerto Rico, including those \n set forth in article IX of the treaty of cession, pursuant to \n the territorial clause of the United States Constitution \n (article IV, section 3, clause 2), which provides that \n ``Congress shall have Power to dispose of and make all needful \n Rules and Regulations respecting the Territory or other \n Property belonging to the United States'';\n (3) in the Act of March 2, 1917 (39 stat. 951, chapter \n 145), Congress provided for civil administration of Puerto Rico \n and declared that, by virtue of that Act, the inhabitants of \n Puerto Rico shall be citizens of the United States, with such \n civil rights and political status as Congress determined to be \n consistent with residence in an unincorporated territory rather \n than a State of the Union;\n (4) in accordance with the Act of July 3, 1950 (64 Stat. \n 319, chapter 446), the people of Puerto Rico adopted a \n constitution in 1952 that, after amendment and approval by \n Congress, established the current Commonwealth structure for \n self-government in respect of internal affairs and local \n government administration, subject to the United States \n Constitution and Federal law applicable to Puerto Rico; and\n (5) the United States, consistent with its constitutional \n process, is committed to respecting the principle of self-\n determination as part of any procedure to resolve the political \n status of Puerto Rico.\n\nSEC. 2. REFERENDA.\n\n (a) Policy of the United States.--(1) In general.--It is the policy \nof the United States that the residents of Puerto Rico periodically \nshould be afforded an opportunity freely to express their wishes \nregarding their political status.--\n (2) Options.--The self-determination process for Puerto Rico should \nbe one that enables the people of Puerto Rico to preserve their current \npolitical status if that is their preference, or to choose to seek, in \naccordance with a process approved by Congress and the residents of \nPuerto Rico--\n (A) admission as a State of the Union on the basis \n of full equality; or\n (B) withdrawal of United States sovereignty in \n favor of independence or free association.\n (b) Requirements.--A referendum under this Act--\n (1) shall be conducted among persons in Puerto Rico who \n meet the residency, United States citizenship, and other \n requirements of applicable law governing voter eligibility in \n Puerto Rico;\n (2) shall otherwise be in accordance with applicable \n provisions of the elections law of Puerto Rico and other \n relevant local and Federal law consistent with this Act; and\n (3) shall be decided by a majority of the votes cast.\n (c) Referendum by the End of 1998.--\n (1) In general.--A referendum under this Act shall be \n conducted not later than December 31, 1998.\n (2) Format.--\n (A) Part one of the ballot.--In the referendum \n under paragraph (1), the option of continuing the \n current Commonwealth arrangements and Puerto Rico's \n current political status, or, alternatively, entering \n on a process leading to permanent full self-government \n through separate sovereignty or statehood, shall be \n presented in Part One of the ballot as Options A and B, \n as follows:\n\n ``part one\n\n ``Option A.--COMMONWEALTH: The residents of Puerto Rico \n desire to continue the current Commonwealth structure for self-\n government with respect to internal affairs and administration \n under a local constitution, subject to the provisions of the \n Constitution and laws of the United States that apply to Puerto \n Rico. Puerto Rico will remain an unincorporated territory of \n the United States, and application of Federal law and \n provisions of the Constitution to Puerto Rico remains within \n the discretion of Congress. The future status of Puerto Rico \n will be determined through a process authorized by Congress \n that includes self-determination by the residents of Puerto \n Rico in periodic referenda.\n ``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The \n residents of Puerto Rico desire to enter on a process for \n Congress and the residents of Puerto Rico to define and approve \n in a later vote a transition to permanent full self-government \n through either separate sovereignty or statehood as set forth \n in Part Two of this ballot.''.\n (B) Part two of the ballot.--Part Two of the ballot \n shall present voters with a choice between 2 options \n for ending the current territorial status in favor of \n separate sovereignty, in the form of independence, or \n free association as may be agreed, according to \n international law and definitions compatible with the \n constitutional process and practices of the United \n States, or, alternatively, full integration into the \n United States constitutional system on the basis of \n equality. The definitions of separate sovereignty and \n full integration leading to statehood shall appear in \n Part Two of the ballot as Options A and B, as follows:\n ``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto \n Rico desire to be a separate sovereign nation that exercises \n all the powers of government with respect to its territory and \n population, with full authority and responsibility for its \n internal and external affairs, through independence (or free \n association as may be agreed). Puerto Rico will become fully \n self-governing under its own constitution establishing a \n republican form of government, which shall be the supreme law. \n The United States Constitution and laws shall no longer apply, \n and the sovereignty, nationality, and citizenship of the United \n States in Puerto Rico shall terminate based on approval of \n separate sovereignty by Congress and the residents of Puerto \n Rico. Birth in Puerto Rico or relationship to a person who \n acquired United States citizenship by statute due to birth in \n Puerto Rico during the territorial period no longer will confer \n United States citizenship, but such persons shall have a right \n to retain statutory United States citizenship for life based on \n continued allegiance to the United States and election or \n designation as prescribed by Congress consistent with the \n transition to separate sovereignty and succession of \n nationality.\n ``Option B.--STATEHOOD: The residents of Puerto Rico desire \n admission of Puerto Rico as a State of the Union. Through \n statehood residents of Puerto Rico will have a status and \n rights secured under the United States Constitution, which will \n be the supreme law of the land with the same force and effect \n as in the other States of the Union. The sovereign State of \n Puerto Rico will be in permanent union with the United States, \n and powers not delegated to the Federal Government or \n prohibited to the States by the United States Constitution \n shall be reserved to the people of Puerto Rico or the State \n Government. The United States nationality and citizenship of \n persons born in Puerto Rico will be guaranteed in the same way \n it is for all United States citizens born in other States of \n the Union. United States citizens in Puerto Rico will have full \n and equal rights and duties of United States citizenship, \n including voting rights in elections for President and Vice \n President, as well as representation by 2 members in the United \n States Senate and proportionally on the basis of population in \n the House of Representatives.''.\n (3) Instructions to voters.--\n (A) Part one.--The instructions to voters for Part \n One of the ballot in a referendum under this subsection \n shall state that a voter may select Option A or Option \n B by marking either option, but that ballots with both \n options marked in Part One will not be counted.\n (B) Part two.--The instructions to voters for Part \n Two of the ballot in such a referendum shall state that \n a voter may vote on Part Two regardless of how the \n voter voted on Part One, or even if they did not vote \n on Part One. The instructions to voters on Part Two \n shall also state that Part Two is to determine the \n preference of voters as between the options for seeking \n separate sovereignty or statehood in case a majority of \nthe voters voting on Part One approve that course as set forth in \nOption B on Part One of the ballot. The voters shall be instructed to \napprove Option A or Option B in Part Two by marking either, but that \nballots with both options marked in Part Two will not be counted.\n (4) Validity of either part.--On any ballot cast in a \n referendum under this subsection either Part One or Part Two \n shall be counted if properly cast, even if the other part of \n the ballot is not counted due to the manner in which the other \n part has been cast.\n\nSEC. 3. IMPLEMENTATION.\n\n (a) Selection of Current Status or Rejection of Transition.--If a \nmajority of the voters approve continuation of the current \nunincorporated status and the present `Commonwealth' structure for \nlocal self-government, or on rejection of a transition plan, unless \notherwise provided by Congress, referenda on the future political \nstatus of Puerto Rico shall be held in accordance with this Act every 4 \nyears thereafter, but not within 270 calendar days of a general \nelection, in order to ensure that the right of the people of Puerto \nRico to self-determination is respected, and that the people \nperiodically are afforded the opportunity freely to express their \nwishes with respect to resolution of Puerto Rico's status based on \npermanent full self-government.\n (b) Selection of Statehood.--If statehood is selected, the \nPresident, not later than 180 days after the referendum, shall transmit \nto the Congress legislation providing for the admission of Puerto Rico \nas a State of the Union in accordance with a transition plan that \nincludes procedures for approval of the terms of admission and \nimplementation thereof by a majority vote of the residents of Puerto \nRico.\n (c) Selection of Separate Sovereignty.--If separate sovereignty is \nselected, the President, not later than 180 days after the referendum, \nshall transmit to the Congress legislation to providing a plan for the \ntransition to an international sovereign-to-sovereign relationship \ngoverned by a treaty or international agreement (including measures to \ncease conferral of United States citizenship on persons born in Puerto \nRico), and such legislation shall include procedures for approval of \nthe transition to separate sovereignty by a majority vote of the \nresidents of Puerto Rico.","summary":"Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, US statehood, or separate sovereignty . Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.","title":"A bill to provide for referenda to resolve the political status of Puerto Rico, and for other purposes.","text_len":12300,"sum_len":322} {"bill_id":"111_s1036","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Surface Transportation \nPolicy and Planning Act of 2009''.\n\nSEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND \n PLAN.\n\n (a) In General.--Chapter 3 of title 49, United States Code, is \namended--\n (1) by redesignating sections 304 through 309 as sections \n 307 through 312;\n (2) by redesignating sections 303 and 303a as sections 305 \n and 306, respectively; and\n (3) by inserting after section 302, the following:\n``Sec. 303. National surface transportation policy\n ``(a) Policy.--It is the policy of the United States to develop a \ncomprehensive national surface transportation system that advances the \nnational interest and defense, interstate and foreign commerce, the \nefficient and safe interstate mobility of people and goods, and the \nprotection of the environment. The system shall be built, maintained, \nmanaged, and operated as a partnership between the Federal, State, and \nlocal governments and the private sector and shall be coordinated with \nthe overall transportation system of the United States, including the \nNation's air, rail, pipeline, and water transportation systems. The \nSecretary of Transportation shall be responsible for carrying out this \npolicy and for defining the Federal Government's role in the system.\n ``(b) Objectives.--The objectives of the policy shall be to \nfacilitate and advance--\n ``(1) the efficient connectivity of persons and goods \n within and between nations, regions, States, and metropolitan \n areas;\n ``(2) the safety and health of the public;\n ``(3) the security of the Nation and the public;\n ``(4) environmental protection and enhancement, including \n the reduction of carbon-related emissions;\n ``(5) energy conservation and security, including reducing \n transportation-related energy use;\n ``(6) international and interstate freight movement, trade \n enhancement, job creation, and economic development;\n ``(7) responsible land use and sustainable development;\n ``(8) the preservation and adequate performance of system-\n critical transportation assets, as defined by the Secretary;\n ``(9) reasonable access to the national surface \n transportation system for all system users, including rural \n communities;\n ``(10) sustainable, balanced, and adequate financing of the \n national surface transportation system; and\n ``(11) innovation in transportation services, \n infrastructure, and technology.\n ``(c) Goals.--\n ``(1) In general.--The goals of the policy shall be--\n ``(A) to reduce national per capita motor vehicle \n miles traveled on an annual basis;\n ``(B) to reduce national motor vehicle-related \n fatalities by 50 percent by 2030;\n ``(C) to reduce national surface transportation-\n generated carbon dioxide levels by 40 percent by 2030;\n ``(D) to reduce national surface transportation \n delays per capita on an annual basis;\n ``(E) to increase the percentage of system-critical \n surface transportation assets, as defined by the \n Secretary, that are in a state of good repair by 20 \n percent by 2030;\n ``(F) to increase the total usage of public \n transportation, intercity passenger rail services, and \n non-motorized transportation on an annual basis;\n ``(G) to increase the proportion of national \n freight transportation provided by non-highway or \n multimodal services by 10 percent by 2020;\n ``(H) to reduce passenger and freight \n transportation delays and congestion at international \n points of entry on an annual basis;\n ``(I) to ensure adequate transportation of domestic \n energy supplies; and\n ``(J) to maintain or the reduce the percentage of \n gross domestic product consumed by transportation \n costs.\n ``(2) Baselines.--Within 1 year after the date of enactment \n of the National Surface Transportation Policy and Planning Act \n of 2009, the Secretary shall develop baselines for the goals \n and shall determine appropriate methods of data collection to \n measure the attainment of the goals.\n ``(d) Requirements.--The Secretary, consistent with the plan \ndeveloped under section 304 and notwithstanding any other provision of \nlaw in effect as of the date of enactment of the National Surface \nTransportation Policy and Planning Act of 2009, shall--\n ``(1) develop appropriate performance criteria and data \n collections systems for each Federal surface transportation \n program in order to evaluate:\n ``(A) whether such programs are consistent with the \n policy, objectives, and goals established by this \n section; and\n ``(B) how effective such programs are in \n contributing to the achievement of the policy, \n objectives, and goals established by this section;\n ``(2) using the criteria developed under paragraph (1), \n annually evaluate each such program and provide the results to \n the public;\n ``(3) based on the evaluation performed under paragraph \n (2), make any necessary changes or improvements to such \n programs to ensure such consistency and effectiveness;\n ``(4) align the availability and award of Federal surface \n transportation funding to meet the policy, objectives, goals, \n and performance criteria established by this section, \n consistent with the evaluation performed under paragraph (2);\n ``(5) carry out this section in a manner that is consistent \n with sections 302, 5503, 10101, and 13101 of this title and \n section 101 of title 23 to the extent that such sections do not \n conflict with the policy, objectives, and goals established by \n this section;\n ``(6) review, update, and reissue all relevant surface \n transportation planning requirements to ensure that such \n requirements require that regional, State, and local surface \n transportation planning efforts funded with Federal funds are \n consistent with the policy, objectives, and goals established \n by this section; and\n ``(7) require recipients of Federal surface transportation \n funds to annually report on the use of such funds, including a \n description of--\n ``(A) which projects and priorities were funded \n with such funds;\n ``(B) the rationale and method employed for \n apportioning such funds to the projects and priorities; \n and\n ``(C) how the obligation of such funds is \n consistent with or advances the policy, objectives, and \n goals established by this section.\n ``(e) Authority.--\n ``(1) In general.--Notwithstanding any other provision of \n law in effect as of the date of enactment of the National \n Surface Transportation Policy and Planning Act of 2009, the \n Secretary may, through a process of public notice and comment \n and with reasonable prior notice to the Senate Committee on \n Commerce, Science, and Transportation and the House of \n Representatives Committee on Transportation and Infrastructure \n preceding any significant change, consistent with the public \n interest, amend the goals under subsection (c) or develop \n additional goals to effectively meet the policy and objectives \n set forth in this section.\n ``(2) The Secretary may also make recommendations to those \n Committees for reorganizing the Department of Transportation, \n as necessary and consistent with the requirements of section \n 304(b)(6), in order to achieve the policy, objectives, and \n goals established by this section.\n``Sec. 304. National surface transportation performance plan\n ``(a) Development.--Within 2 years after the date of enactment of \nthe National Surface Transportation Policy and Planning Act of 2009, \nthe Secretary of Transportation shall develop and implement a National \nSurface Transportation Performance Plan to achieve the policy, \nobjectives, and goals set forth in section 303.\n ``(b) Contents.--The plan shall include--\n ``(1) an assessment of the current performance of the \n national surface transportation system and an analysis of the \n system's ability to achieve the policy, objectives, and goals \n set forth in section 303;\n ``(2) an analysis of emerging and long-term projected \n trends that will impact the performance, needs, and uses of the \n national surface transportation system;\n ``(3) a description of the major impediments to effectively \n meeting the policy, objectives, and goals set forth in section \n 303 and recommended actions to address such impediments;\n ``(4) a comprehensive strategy and investment plan to meet \n the policy, objectives, and goals set forth in section 303;\n ``(5) initiatives to improve transportation modeling, \n research, data collection, and analysis; and\n ``(6) a plan for any reorganization of the Department of \n Transportation or its agencies necessary to meet the policy, \n objectives, and goals set forth in section 303.\n ``(c) Consultation.--In developing the plan required by subsection \n(a), the Secretary shall--\n ``(1) consult with local, State, and tribal governments, \n public and private transportation providers and carriers, non-\n profit organizations representing transportation employees, \n appropriate foreign governments, and other interested parties; \n and\n ``(2) provide public notice and hearings and solicit public \n comments on the plan.\n ``(d) Submittal.--The Secretary shall submit the completed plan to \nthe Senate Committee on Commerce, Science, and Transportation and the \nHouse of Representatives Committee on Transportation and \nInfrastructure.\n ``(e) Progress Reports.--The Secretary shall submit biennial \nprogress reports on the implementation of the plan beginning 2 years \nafter the date of submittal of the plan under subsection (d) to the \nCommittees. The progress report shall--\n ``(1) describe progress made toward fully implementing the \n plan and achieving the policies, objectives, and goals \n established under section 303;\n ``(2) describe challenges and obstacles to full \n implementation;\n ``(3) describe updates to the plan necessary to reflect \n changed circumstances or new developments; and\n ``(4) make policy and legislative recommendations the \n Secretary believes are necessary and appropriate to fully \n implement the plan.\n ``(f) Data.--The Secretary shall have the authority to conduct \nstudies, gather information, and require the production of data \nnecessary to develop or update this plan, consistent with Federal \nprivacy standards.\n ``(g) Funding.--The Secretary may use such sums as may be necessary \nfrom any funds provided to the Department of Transportation for surface \ntransportation programs for the purpose of completing and updating the \nplan and developing and issuing the progress reports pursuant to this \nsection.''.\n (b) Conforming Amendments.--\n (1) Section 302(a) of title 49, United States Code, is \n amended by striking ``10101 and 13101'' and inserting ``303, \n 10101, and 13101''.\n (2) Section 308, as redesignated, of title 49, United \n States Code, is amended by striking ``sections 301-304'' and \n inserting ``sections 301 through 307''.\n (3) The table of contents for chapter 3 of title 49, United \n States Code, is amended--\n (A) by redesignating the items relating to sections \n 303 through 309 as relating to sections 305 through \n 312; and\n (B) by inserting after the item relating to section \n 302 the following:\n\n``303. National surface transportation policy.\n``304. National surface transportation performance plan.''.","summary":"Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is US policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. Sets forth certain US policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually. (2) reduce national surface transportation-generated carbon dioxide levels by 40 by 2030. (3) reduce national surface transportation delays and congestion at US points of entry. (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation. And (5) ensure adequate transportation of domestic energy supplies. Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs. (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act. And (3) develop and implement a National Surface Transportation Performance Plan. Authorizes the Secretary to amend the goals established under this Act.","title":"A bill to amend title 49, United States Code, to establish national purposes and goals for Federal surface transportation activities and programs and create a national surface transportation plan.","text_len":12943,"sum_len":1282} {"bill_id":"113_hr28","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Working Families' Access to Health \nInnovations Act of 2013''.\n\nSEC. 2. AMENDMENT OF SMALL BUSINESS ACT.\n\n The Small Business Act is amended by redesignating section 45 as \nsection 46 and by inserting after section 44 the following:\n\n``SEC. 45. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.\n\n ``(a) Definitions.--As used in this section:\n ``(1) The term `health information technology' means \n computer hardware, software, and related technology (including \n electronic medical record technology) that--\n ``(A) supports the compliance with the meaningful \n EHR use requirements set forth in section 1848(o)(2)(A) \n of the Social Security Act (42 U.S.C. 1395w-\n 4(o)(2)(A));\n ``(B) is purchased by an eligible professional to \n aid in the provision of health care in a health care \n setting; and\n ``(C) provides for--\n ``(i) enhancement of continuity of care for \n patients through electronic storage, \n transmission, and exchange of relevant personal \n health data and information, such that this \n information is accessible at the times and \n places where clinical decisions will be or are \n likely to be made;\n ``(ii) enhancement of communication between \n patients and health care providers;\n ``(iii) improvement of quality measurement \n by eligible professionals enabling them to \n collect, store, measure, and report on the \n processes and outcomes of individual and \n population performance and quality of care;\n ``(iv) improvement of evidence-based \n decision support; or\n ``(v) enhancement of consumer and patient \n empowerment.\n Such term does not include information technology the sole use \n of which is financial management, maintenance of inventory of \n basic supplies, or appointment scheduling.\n ``(2) The term `eligible professional' means any of the \n following:\n ``(A) A physician (as defined in section 1861(r) of \n the Social Security Act (42 U.S.C. 1395x(r))).\n ``(B) A practitioner described in section \n 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)).\n ``(C) A physical or occupational therapist or a \n qualified speech-language pathologist.\n ``(D) A qualified audiologist (as defined in \n section 1861(ll)(4)(B) of such Act (42 U.S.C. \n 1395x(ll)(4)(B))).\n ``(E) A State-licensed pharmacist.\n ``(F) A State-licensed supplier of durable medical \n equipment, prosthetics, orthotics, or supplies.\n ``(G) A State-licensed, a State-certified, or a \n nationally accredited home health care provider.\n ``(3) The term `qualified eligible professional' means an \n eligible professional whose practice--\n ``(A) is a small business concern; and\n ``(B)(i) is in a medically underserved community \n (as defined in section 799B(6) of the Public Health \n Service Act (42 U.S.C. 295p(6)));\n ``(ii) serves individuals at least 50 percent of \n whom are entitled to benefits or enrolled under title \n XVIII of the Social Security Act; or\n ``(iii) serves an area that consists predominantly \n of low-income families (as defined in section 3 of the \n United States Housing Act of 1937 (42 U.S.C. 1437a)).\n ``(b) Loan Guarantees for Qualified Eligible Professionals.--\n ``(1) Guarantee percentage.--Subject to paragraph (2), the \n Administrator may guarantee up to 90 percent of the amount of \n the loan made to a qualified eligible professional for the \n acquisition of health information technology for use in such \n eligible professional's medical practice and for the costs \n associated with the installation of such technology.\n ``(2) Limitations on guarantee amounts.--The maximum amount \n of loan principal guaranteed under this subsection may not \n exceed--\n ``(A) $350,000 with respect to any single qualified \n eligible professional; and\n ``(B) $2,000,000 with respect to a single group of \n affiliated qualified eligible professionals.\n ``(c) Fees.--(1) The Administrator may impose a guarantee fee on \nthe borrower in an amount not to exceed 2 percent of the total \nguaranteed portion of any loan guaranteed under this section. The \nAdministrator may also impose annual servicing fees on lenders not to \nexceed 0.5 percent of the outstanding balance of the guarantees on \nlenders' books.\n ``(2) No service fees, processing fees, origination fees, \napplication fees, points, brokerage fees, bonus points, or other fees \nmay be charged to a loan applicant or recipient by a lender in the case \nof a loan guaranteed under this section.\n ``(d) Interest Rates.--The interest rate charged on a loan \nguaranteed under this section shall not be greater than 25 basis points \nbelow the rate provided for a loan under the program under section \n7(a).\n ``(e) Deferral Period.--Loans guaranteed under this section shall \ncarry a deferral period of not more than 3 years.\n ``(f) Terms and Conditions for Loan Guarantees.--The loans \nguaranteed under this section shall be subject to the terms and \nconditions that apply to the program under section 7(a) or other such \nterms and conditions as are prescribed by the Administrator.''.\n\nSEC. 3. SMALL BUSINESS DEVELOPMENT CENTER DUTIES.\n\n Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is \namended--\n (1) by striking ``and'' at the end of subparagraph (S);\n (2) by striking the period at the end of subparagraph (T) \n and inserting a semicolon; and\n (3) by adding at the end the following:\n ``(U) facilitating the training of medical professionals in \n health information technology systems; and\n ``(V) establishing and providing a network of small health \n information technology companies available to medical \n professionals in low-income and underserved areas, as defined \n by the Secretary of Health and Human Services, for the purpose \n of aiding medical professionals in such areas to purchase, \n utilize, and maintain such technology.''.","summary":"Working Families' Access to Health Innovations Act of 2013 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90 of a loan made to a health care professional for the acquisition of health information technology for use in such professional's medical practice and for the costs associated with its installation. Provides loan guarantee limits, and authorizes the Administrator to impose a loan guarantee fee. Requires services provided by a small business development center to include: (1) facilitating the training of medical professionals in health information technology systems. And (2) establishing and providing a network of small health information technology companies available to such professionals in low-income and underserved areas for assistance in purchasing, utilizing, and maintaining such technology.","title":"Working Families' Access to Health Innovations Act of 2013","text_len":7106,"sum_len":892} {"bill_id":"107_s2212","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Indian Trust Asset and Trust Fund \nManagement and Reform Act of 2002''.\n\nSEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.\n\n (a) Definitions.--Section 2 of the American Indian Trust Fund \nManagement Reform Act of 1994 (25 U.S.C. 4001) is amended--\n (1) in paragraph (1), by striking ``(1) The term'' and \n inserting the following:\n ``(8) Special trustee.--The term'';\n (2) in paragraph (2), by striking ``(2) The term'' and \n inserting the following:\n ``(4) Indian tribe.--The term'';\n (3) in paragraph (3), by striking ``(3) The term'' and \n inserting the following:\n ``(7) Secretary.--The term'';\n (4) in paragraph (4), by striking ``(4) The term'' and \n inserting the following:\n ``(5) Office.--The term'';\n (5) in paragraph (5), by striking ``(5) The term'' and \n inserting the following:\n ``(1) Bureau.--The term'';\n (6) in paragraph (6), by striking ``(6) The term'' and \n inserting the following:\n ``(2) Department.--The term'';\n (7) by adding at the end the following:\n ``(3) Deputy secretary.--The term `Deputy Secretary' means \n the Deputy Secretary for Trust Management and Reform appointed \n under section 307(a)(2).\n ``(6) Reform office.--The term `Reform Office' means the \n Office of Trust Reform Implementation and Oversight established \n by section 307(e).'';\n (8) by moving paragraphs (1) through (8) (as redesignated \n by this subsection) so as to appear in numerical order; and\n (9) by adding at the end the following:\n ``(9) Trust assets.--The term `trust assets' means all \n tangible property including land, minerals, coal, oil and gas, \n forest resources, agricultural resources, water and water \n sources, and fish and wildlife held by the Secretary for the \n benefit of an Indian tribe or an individual member of an Indian \n tribe pursuant to Federal law.\n ``(10) Trust funds.--The term `trust funds' means all funds \n held by the Secretary for the benefit of an Indian tribe or and \n individual member of an Indian tribe pursuant to Federal \n law.''.\n (b) Deputy Secretary for Trust Management and Reform.--Title III of \nthe American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. \n4041 et seq.) is amended by adding at the end the following:\n\n``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.\n\n ``(a) Establishment.--\n ``(1) In general.--There is established within the \n Department the position of Deputy Secretary for Trust \n Management and Reform.\n ``(2) Appointment and removal.--\n ``(A) Appointment.--The Deputy Secretary shall be \n appointed by the President, by and with the advice and \n consent of the Senate.\n ``(B) Term.--The Deputy Secretary shall be \n appointed for a term of 6 years.\n ``(C) Removal.--The Deputy Secretary may be removed \n only for good cause.\n ``(3) Administrative authority.--The Deputy Secretary shall \n report directly to the Secretary.\n ``(4) Compensation.--The Deputy Secretary shall be paid at \n a rate determined by the Secretary to be appropriate for the \n position, but not less than the rate of basic pay prescribed \n for Level II of the Executive Schedule under section 5313 of \n title 5, United States Code.\n ``(b) Duties.--The Deputy Secretary shall--\n ``(1) oversee all trust fund and trust asset matters of the \n Department, including--\n ``(A) administration and management of the Reform \n Office; and\n ``(B) financial and human resource matters of the \n Reform Office; and\n ``(2) engage in appropriate government-to-government \n relations and consultations with Indian tribes and individual \n trust asset and trust fund account holders on matters involving \n trust asset and trust fund management and reform within the \n Department.\n ``(c) Staff.--In carrying out this section, the Deputy Secretary \nmay hire such staff having expertise in trust asset and trust fund \nmanagement, financial organization and management, and tribal policy as \nthe Deputy Secretary determines is necessary to carry out this section.\n ``(d) Effect on Duties of Other Officials.--\n ``(1) In general.--Except as provided in paragraph (2), \n nothing in this section shall be construed to diminish any \n responsibility or duty of the Assistant Secretary of the \n Interior for Indian Affairs or the Special Trustee relating to \n any duty of the Assistant Secretary or Special Trustee \n established under this Act or any other provision of law.\n ``(2) Trust asset and trust fund management and reform.--\n Notwithstanding any other provision of law, the Deputy \n Secretary shall have overall management and oversight authority \n on matters of the Department relating to trust asset and trust \n fund management and reform.\n ``(e) Office of Trust Reform Implementation and Oversight.--\n ``(1) Establishment.--There is established within the \n Office of the Secretary the Office of Trust Reform \n Implementation and Oversight.\n ``(2) Reform office head.--The Reform Office shall be \n headed by the Deputy Secretary.\n ``(3) Duties.--The Reform Office shall--\n ``(A) supervise and direct the day-to-day \n activities of the Assistant Secretary of the Interior \n for Indian Affairs, the Special Trustee, the Director \n of the Bureau of Land Management, and the Director of \n the Minerals Management Service, to the extent they \n administer or manage any Indian trust assets or funds;\n ``(B) administer, in accordance with title II, all \n trust properties, funds, and other assets held by the \n United States for the benefit of Indian tribes and \n individual members of Indian tribes;\n ``(C) require the development and maintenance of an \n accurate inventory of all trust funds and trust assets;\n ``(D) ensure the prompt posting of revenue derived \n from a trust fund or trust asset for the benefit of \n each Indian tribe (or individual member of each Indian \n tribe) that owns a beneficial interest in the trust \n fund or trust asset;\n ``(E) ensure that monthly statements of accounts \n are provided to all trust fund account holders;\n ``(F) ensure that all trust fund accounts are \n audited at least annually, and more frequently as \n determined to be necessary by the Deputy Secretary;\n ``(G) ensure that the Assistant Secretary of the \n Interior for Indian Affairs, the Special Trustee, the \n Director of the Bureau of Land Management, and the \n Director of the Minerals Management Service provide to \n the Secretary current and accurate information relating \n to the administration and management of trust funds and \n trust assets;\n ``(H) provide for regular consultation with trust \n fund account holders on the administration of trust \n funds and trust assets to ensure, to the maximum extent \n practicable in accordance with applicable law, the \n greatest return on those funds and assets for the trust \n fund account holders; and\n ``(I) enter into contracts and compacts under \n section 102 of the Indian Self-Determination Act (25 \n U.S.C. 450f) or section 403 of the Indian Self \n Determination and Education Assistance Act (25 U.S.C. \n 458cc) to provide for the management of trust assets \n and trust funds by Indian tribes pursuant to a Trust \n Fund and Trust Asset Management and Monitoring Plan \n developed under section 202 of this Act.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.''.\n (c) Advisory Board.--\n (1) In general.--Section 306 of the American Indian Trust \n Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended \n to read as follows:\n\n``SEC. 306. ADVISORY BOARD.\n\n ``(a) Establishment and Membership.--Notwithstanding any other \nprovision of law, the Deputy Secretary described in section 307 shall \nestablish an advisory board to provide advice on all matters within the \njurisdiction of the Office of Trust Reform. The advisory board shall \nconsist of 9 members, appointed by the Deputy Secretary after \nconsultation with Indian tribes and appropriate Indian organizations, \nof which--\n ``(1) 5 members shall represent trust fund account holders, \n including both tribal and Individual Indian Money accounts;\n ``(2) 2 members shall have practical experience in trust \n fund and financial management;\n ``(3) 1 member shall have practical experience in fiduciary \n investment management; and\n ``(4) 1 member, from academia, shall have knowledge of \n general management of large organizations.\n ``(b) Term.--Each member shall serve a term of 2 years.\n ``(c) FACA.--The advisory board shall not be subject to the Federal \nAdvisory Committee Act.''.\n (2) Previous advisory board.--The advisory board authorized \n under section 306 of the American Indian Trust Fund Management \n Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day \n before the date of enactment of this Act shall terminate on the \n date of enactment of this Act.\n (d) Conforming Amendments.--\n (1) Section 302 of the American Indian Trust Fund \n Management Reform Act of 1994 (25 U.S.C. 4042) is amended--\n (A) in the second sentence of subsection (a), by \n striking ``who shall'' and inserting ``who, except as \n provided in subsection (b)(3), shall''; and\n (B) in subsection (b), by adding at the end the \n following:\n ``(3) Trust fund management.--The Special Trustee shall \n report directly to the Deputy Secretary with respect to matters \n relating to trust fund management and reform.''.\n (2) Section 303 of the American Indian Trust Fund \n Management Reform Act of 1994 (25 U.S.C. 4043) is amended--\n (A) by striking subsection (a);\n (B) in subsection (b)(1), by striking ``The Special \n Trustee'' and inserting ``Except as provided in section \n 307(d), the Special Trustee'';\n (C) in subsection (c)(5)(A), by striking ``or which \n is charged with any responsibility under the \n comprehensive strategic plan prepared under subsection \n (a) of this section,'';\n (D) by striking subsection (f); and\n (E) by redesignating subsections (b) through (e) as \n subsections (a) through (d), respectively.\n\nSEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.\n\n Title II of the American Indian Trust Fund Management Reform Act of \n1994 (25 U.S.C. 4021 et seq.) is amended--\n (1) by striking sections 202 and 203; and\n (2) by inserting after section 201 the following:\n\n``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT \n ACTIVITIES BY INDIAN TRIBES.\n\n ``(a) Planning Program.--To meet the purposes of this title, a 10-\nyear Indian Trust Fund and Trust Asset Management and Monitoring Plan \n(in this section referred to as the `Plan') shall be developed and \nimplemented as follows:\n ``(1) Pursuant to a self-determination contract or compact \n under section 102 of the Indian Self-Determination Act (25 \n U.S.C. 450f) or section 403 of the Indian Self Determination \n and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe \n may develop or implement a Plan. Subject to the provisions of \n paragraphs (3) and (4), the tribe shall have broad discretion \n in designing and carrying out the planning process.\n ``(2) To include in a Plan particular trust funds or assets \n held by multiple individuals, an Indian tribe shall obtain the \n approval of a majority of the individuals who hold an interest \n in any such trust funds or assets.\n ``(3) The Plan shall be submitted to the Secretary for \n approval pursuant to the Indian Self-Determination Act (25 \n U.S.C. 450f et seq.).\n ``(4) If a tribe chooses not to develop or implement a \n Plan, the Secretary shall develop or implement, as appropriate, \n a Plan in close consultation with the affected tribe.\n ``(5) Whether developed directly by the tribe or by the \n Secretary, the Plan shall--\n ``(A) determine the amount and source of funds held \n in trust;\n ``(B) identify and prepare an inventory of all \n trust assets;\n ``(C) identify specific tribal goals and \n objectives;\n ``(D) establish management objectives for the funds \n and assets held in trust;\n ``(E) define critical values of the Indian tribe \n and its members and provide identified management \n objectives;\n ``(F) identify actions to be taken to reach \n established objectives;\n ``(G) use existing survey documents, reports and \n other research from Federal agencies, tribal community \n colleges, and land grant universities; and\n ``(H) be completed within 3 years of the initiation \n of activity to establish the Plan.\n ``(b) Management and Administration.--Plans developed and approved \nunder subsection (a) shall govern the management and administration of \nfunds and assets held in trust by the Bureau and the Indian tribal \ngovernment.\n ``(c) No Termination Requirement.--Indian tribes implementing an \napproved Plan shall not be required to terminate the trust relationship \nin order to implement such Plan.\n ``(d) Plan Does Not Terminate Trust.--Developing or implementing a \nPlan shall not be construed or deemed to constitute a termination of \nthe trust status of the assets or funds that are included in, or \nsubject to, the Plan.\n ``(e) Liability.--An Indian tribe managing and administering trust \nfunds and trust assets in a manner that is consistent with a Plan shall \nnot be liable for waste or loss of an asset or funds that are included \nin such Plan.\n ``(f) Indian Participation in Management Activities.--\n ``(1) Tribal recognition.--The Secretary shall conduct all \n management activities of funds and assets held in trust in \n accordance with goals and objectives set forth in a Plan \n approved pursuant to and in accordance with all tribal laws and \n ordinances, except in specific instances where such compliance \n would be contrary to the trust responsibility of the United \n States.\n ``(2) Tribal laws.--\n ``(A) In general.--Unless otherwise prohibited by \n Federal law, the Secretary shall comply with tribal law \n pertaining to the management of funds and assets held \n in trust.\n ``(B) Duties.--The Secretary shall--\n ``(i) provide assistance in the enforcement \n of tribal laws described in subparagraph (A);\n ``(ii) provide notice of such tribal laws \n to persons or entities dealing with tribal \n funds and assets held in trust; and\n ``(iii) upon the request of an Indian \n tribe, require appropriate Federal officials to \n appear in tribal forums.\n ``(3) Waiver of regulations.--In any case in which a \n regulation or administrative policy of the Department of the \n Interior conflicts with the objectives of the Plan, or with a \n tribal law, the Secretary may waive the application of such \n regulation or administrative policy unless such waiver would \n constitute a violation of a Federal statute or judicial \n decision or would conflict with the Secretary's trust \n responsibility under Federal law.\n ``(4) Sovereign immunity.--This section does not constitute \n a waiver of the sovereign immunity of the United States, nor \n does it authorize tribal justice systems to review actions of \n the Secretary.\n ``(5) Trust responsibility.--Nothing in this section shall \n be construed to diminish or expand the trust responsibility of \n the United States toward Indian funds and assets held in trust, \n or any legal obligation or remedy resulting from such funds and \n assets.\n ``(g) Report.--\n ``(1) In general.--Not later than 180 days after the \n enactment of this section, and annually thereafter, the \n Secretary shall submit a report to the Committee on Indian \n Affairs of the Senate and the Committee on Resources of the \n House of Representatives.\n ``(2) Contents.--The report required under paragraph (1) \n shall detail the following:\n ``(A) The efforts of the Department to implement \n this section.\n ``(B) The nature and extent of consultation between \n the Department, Tribes, and individual Indians with \n respect to implementation of this section.\n ``(C) Any recommendations of the Department for \n further changes to this Act, accompanied by a record of \n consultation with Tribes and individual Indians \n regarding such recommendations.''.\n\nSEC. 4. REGULATIONS.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Secretary of the Interior shall promulgate regulations \nto carry out the amendments made by this Act.\n (b) Active Participation.--All regulations promulgated in \naccordance with subsection (a) shall be developed with the full and \nactive participation of Indian tribes that have trust funds and assets \nheld by the Secretary.","summary":"Indian Trust Asset and Trust Fund Management and Reform Act of 2002 - Amends the American Indian Trust Fund Management Reform Act of 1994 to create the position of Deputy Secretary for Trust Management and Reform within the Department of the Interior to oversee all Indian trust fund and trust asset matters and to consult with Indian tribes and individual trust asset and trust fund account holders. Directs the Deputy Secretary to establish an advisory board on matters within the jurisdiction of the Office of Trust Reform. Establishes within the office of the Secretary the Office of Trust Reform Implementation and Oversight, headed by such Deputy Secretary, to supervise and direct day-to-day activities concerning such assets or funds, including providing accurate inventories, revenue postings, monthly statements, and annual audits. Requires the development and implementation of a ten-year Indian Trust Fund and Trust Asset Management and Monitoring Plan by either an Indian tribe or the Secretary . Requires the Plan to: (1) determine the amount and source of trust funds, (2) inventory trust assets. And (3) identify tribal and management objectives along with the actions necessary to achieve them. States that the trust relationship and an approved Plan can coexist. Requires the Secretary to manage funds and assets in accordance with such plan and tribal laws, unless compliance would be contrary to the trust responsibility or otherwise prohibited by Federal law. Requires the active participation of Indian tribes in the promulgation of regulations concerning such funds and assets.","title":"A bill to establish a direct line of authority for the Office of Trust Reform Implementations and Oversight to oversee the management and reform of Indian trust funds and assets under the jurisdiction of the Department of the Interior, and to advance tribal management of such funds and assets, pursuant to the Indian Self-Determinations Act and for other purposes.","text_len":19487,"sum_len":1600} {"bill_id":"111_hr4655","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Expansion and Job \nCreation Act of 2010''.\n\nSEC. 2. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN \n DEPRECIABLE BUSINESS ASSETS.\n\n (a) Extension of Increased Limitations.--Paragraph (7) of section \n179(b) of the Internal Revenue Code of 1986 is amended--\n (1) by striking ``or 2009'' and inserting ``2009, or \n 2010'', and\n (2) by striking ``and 2009'' in the heading and inserting \n ``2009, and 2010''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2009.\n\nSEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010.\n\n (a) Extension of Special Allowance.--\n (1) In general.--Paragraph (2) of section 168(k) of the \n Internal Revenue Code of 1986 is amended--\n (A) by striking ``January 1, 2011'' and inserting \n ``January 1, 2012'', and\n (B) by striking ``January 1, 2010'' each place it \n appears and inserting ``January 1, 2011''.\n (2) Conforming amendments.--\n (A) The heading for subsection (k) of section 168 \n of such Code is amended by striking ``2010'' and \n inserting ``2011''.\n (B) The heading for clause (ii) of section \n 168(k)(2)(B) of such Code is amended by striking ``pre-\n january 1, 2010'' and inserting ``pre-january 1, \n 2011''.\n (C) Subparagraph (B) of section 168(l)(5) of such \n Code is amended by striking ``January 1, 2009'' and \n inserting ``January 1, 2010''.\n (D) Subparagraph (C) of section 168(n)(2) of such \n Code is amended by striking ``January 1, 2009'' and \n inserting ``January 1, 2010''.\n (E) Subparagraph (B) of section 1400N(d)(3) of such \n Code is amended by striking ``January 1, 2009'' and \n inserting ``January 1, 2010''.\n (b) Extension of Election To Accelerate the AMT and Research \nCredits in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k) \nof such Code (relating to election to accelerate the AMT and research \ncredits in lieu of bonus depreciation) is amended--\n (1) by striking ``January, 1, 2010'' and inserting \n ``January 1, 2011'' in subparagraph (D)(iii), and\n (2) by adding at the end the following new subparagraph:\n ``(I) Special rules for 2010 extension property.--\n ``(i) Taxpayers previously electing \n acceleration.--In the case of a taxpayer who \n made the election under subparagraph (A) for \n its first taxable year ending after March 31, \n 2008, or under subparagraph (H) for its first \n taxable year ending after December 31, 2008--\n ``(I) the taxpayer may elect not to \n have this paragraph apply to 2010 \n extension property, but\n ``(II) if the taxpayer does not \n make the election under subclause (I), \n in applying this paragraph to the \n taxpayer a separate bonus depreciation \n amount, maximum amount, and maximum \n increase amount shall be computed and \n applied to eligible qualified property \n which is 2010 extension property.\n ``(ii) Taxpayers not previously electing \n acceleration.--In the case of a taxpayer who \n did not make the election under subparagraph \n (A) for its first taxable year ending after \n March 31, 2008, or under subparagraph (H) for \n its first taxable year ending after December \n 31, 2008--\n ``(I) the taxpayer may elect to \n have this paragraph apply to its first \n taxable year ending after December 31, \n 2009, and each subsequent taxable year, \n and\n ``(II) if the taxpayer makes the \n election under subclause (I), this \n paragraph shall only apply to eligible \n qualified property which is 2010 \n extension property.\n ``(iii) 2010 extension property.--For \n purposes of this subparagraph, the term `2010 \n extension property' means property which is \n eligible qualified property solely by reason of \n the extension of the application of the special \n allowance under paragraph (1) pursuant to the \n amendments made by section 2(a) of the Small \n Business Expansion and Job Creation Act of 2010 \n (and the application of such extension to this \n paragraph pursuant to the amendment made by \n section 2(b)(1) of such Act).''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2009, in taxable \nyears ending after such date.","summary":"Small Business Expansion and Job Creation Act of 2010 - Amends the Internal Revenue Code to extend through 2010: (1) the increased ($250,000) expensing allowance for depreciable business assets. (2) the additional 50 depreciation allowance for certain types of investment property acquired in 2010. And (3) the election to accelerate the tax credits for the alternative minimum tax and research expenditures in lieu of bonus depreciation.","title":"To amend the Internal Revenue Code of 1986 to provide a 1-year extension of the increased expensing of certain depreciable business assets and the special depreciation allowance for certain business property.","text_len":5884,"sum_len":438} {"bill_id":"115_s2928","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Colorectal Cancer Detection Act of \n2018''.\n\nSEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER \n SCREENING BLOOD-BASED TESTS.\n\n (a) In General.--Section 1861(pp) of the Social Security Act (42 \nU.S.C. 1395x(pp)) is amended--\n (1) in paragraph (1)--\n (A) by redesignating subparagraph (D) as \n subparagraph (E); and\n (B) by inserting after subparagraph (C) the \n following new subparagraph:\n ``(D) Qualifying colorectal cancer screening blood-based \n test.''; and\n (2) by adding at the end the following new paragraph:\n ``(3) The term `qualifying colorectal cancer screening blood-based \ntest' means, with respect to a year, a screening blood-based test for \nthe early detection of colorectal cancer furnished in the year that was \nmarketed or used, as applicable, in accordance with the relevant \nprovisions of section 353 of the Public Health Service Act or the \nFederal Food, Drug, and Cosmetic Act more than 6 months before the \nbeginning of the year.''.\n (b) Frequency Limits for Colorectal Cancer Screening Tests and \nPayment Amount for Qualifying Colorectal Cancer Screening Blood-Based \nTests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) \nis amended--\n (1) by amending clause (ii) of paragraph (1)(B) to read as \n follows:\n ``(ii) if the test is performed within--\n ``(I) the 11 months after a \n previous screening fecal-occult blood \n test or a previous qualifying \n colorectal cancer screening blood-based \n test;\n ``(II) the 35 months after a \n previous screening flexible \n sigmoidoscopy or a previous screening \n colonoscopy with adenoma findings;\n ``(III) the 59 months after a \n previous screening colonoscopy with \n small polyp findings; or\n ``(IV) the 119 months after a \n previous screening colonoscopy without \n adenoma findings or small polyp \n findings.'';\n (2) in paragraph (2)(E)(ii), by inserting ``or within the \n 35 months after a previous screening fecal-occult blood test or \n previous qualifying colorectal cancer screening blood-based \n test'' after ``sigmoidoscopy'';\n (3) by amending subparagraph (E) of paragraph (3) to read \n as follows:\n ``(E) Frequency limit.--No payment may be made \n under this part for a colorectal cancer screening test \n consisting of a screening colonoscopy--\n ``(i) if the procedure is performed within \n the 11 months after a previous screening fecal-\n occult blood test or previous qualifying \n colorectal cancer screening blood-based test;\n ``(ii) for individuals at high risk for \n colorectal cancer if the procedure is performed \n within the 23 months after a previous screening \n colonoscopy; or\n ``(iii) for individuals not at high risk \n for colorectal cancer if the procedure is \n performed within the 119 months after a \n previous screening colonoscopy or within the 47 \n months after a previous screening flexible \n sigmoidoscopy.''; and\n (4) by adding at the end the following new paragraph:\n ``(4) Qualifying colorectal cancer screening blood-based \n tests.--\n ``(A) Payment amount.--The payment amount for \n colorectal cancer screening tests consisting of \n qualifying colorectal cancer screening blood-based \n tests shall be established by the Secretary based on a \n crosswalk to payment amounts for tests for the \n diagnosis of inherited colorectal cancer by methylation \n methods.\n ``(B) Frequency limit.--Paragraph (1)(B) shall \n apply to colorectal cancer screening tests consisting \n of qualifying colorectal cancer screening blood-based \n tests in the same manner as such paragraph applies to \n colorectal cancer screening tests consisting of fecal-\n occult blood tests.''.\n (c) Effective Date.--The amendments made by this section shall \napply to colorectal cancer screening tests furnished in a year \nbeginning more than 6 months after the date of the enactment of this \nAct.","summary":"Colorectal Cancer Detection Act of 2018 This bill provides for Medicare coverage and payment, subject tonbsp, specified frequency limits, of certain colorectal cancer screening blood-based tests.","title":"Colorectal Cancer Detection Act of 2018","text_len":5215,"sum_len":195} {"bill_id":"107_hr1059","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Affordable Transaction \nAccount Act of 2001''.\n\nSEC. 2. AFFORDABLE BANKING SERVICES.\n\n (a) In General.--Except as otherwise provided in this section, each \ninsured depository institution shall make available to consumers a \nconsumer transaction account, to be known as an ``affordable \ntransaction account'', with the following features to be prescribed \njointly by the Federal banking agencies, by regulation:\n (1) Initial deposit.--The maximum amount which an insured \n depository institution may require as an initial deposit, if \n any.\n (2) Minimum balance.--The maximum amount an insured \n depository institution may require as a minimum balance, if \n any, to maintain such account.\n (3) Minimum number of free withdrawals.--A minimum of 8 \n withdrawal transactions, including withdrawals by negotiable or \n transferable instruments for the purpose of making payments to \n third parties and electronic fund transfers, during any \n periodic cycle at no additional charge to the account holder.\n (4) Maximum monthly service charge.--The maximum amount an \n insured depository institution may charge per periodic cycle \n for the use of such account.\n (b) Fees for Withdrawal Transactions in Excess of Minimum Number of \nFree Withdrawals.--\n (1) In general.--Subject to paragraph (2), in the case of \n any affordable transaction account--\n (A) an insured depository institution may impose a \n reasonable per-transaction charge for any withdrawal \n transaction described in subsection (a)(3) other than a \n transaction required under such subsection to be \n provided free; or\n (B) the depository institution may impose the fees \n and charges normally applied to other consumer \n transaction accounts available at that depository \n institution.\n (2) Limitations.--\n (A) Periodic cycle fee adjustment.--The amount of \n any charge per periodic cycle imposed by an insured \n depository institution on any affordable transaction \n account pursuant to paragraph (1)(B) shall be reduced \n by the charge imposed under subsection (a)(4).\n (B) Maximum amount.--At no time shall the total \n amount of fees and charges imposed by an insured \n depository institution on any affordable transaction \n account exceed the total amount of fees and charges \n that is normally applied to other consumer transaction \n accounts available at the depository institution.\n (c) Conditions for Opening Any Affordable Transaction Account.--An \ninsured depository institution may require as a condition for opening \nor maintaining any affordable transaction account that--\n (1) the holder of the account be a resident of the State in \n which the account is opened or maintained; and\n (2) the deposits to the account of recurring payments such \n as Social Security, wage, or pension payments be made by direct \n deposit if that form of deposit is available to both the \n consumer and the depository institution.\n (d) Other Terms and Conditions.--\n (1) In general.--Except as provided in this section and any \n regulations prescribed under this section, any affordable \n transaction account may be offered by an insured depository \n institution subject to the same rules, conditions, and terms \n normally applicable to other consumer transaction accounts \n offered by the depository institution.\n (2) Prohibition on discrimination against affordable \n transaction account holders in providing other services.--The \n amount of any fee or charge imposed on a holder of any \n affordable transaction account by an insured depository \n institution for specific services provided to such account \n holder which are not directly related to the maintenance of \n such account may not exceed the fee or charge imposed by the \n depository institution for providing the same services in \n connection with other consumer transaction accounts offered by \n the depository institution.\n (e) Affordable Transaction Accounts Not Required for Individuals \nWho Maintain Other Transaction Accounts.--An insured depository \ninstitution shall not be required to permit any person to open or \nmaintain an affordable transaction account pursuant to this section if \nsuch person maintains another consumer transaction account either at \nthat depository institution or any other insured depository \ninstitution.\n (f) Alternative Arrangements.--In lieu of the affordable \ntransaction account required by this section, an insured depository \ninstitution may make available an alternative form of account or other \nbanking services if the appropriate Federal banking agency determines \nthat such alternative form of account or services are at least as \nadvantageous to consumers as the affordable transaction account.\n (g) Disclosure Requirements.--\n (1) Posted notices.--If an insured depository institution \n posts in the public area of any office of the institution a \n notice of the availability of other consumer transaction \n accounts, the depository institution shall also post equally \n conspicuous notice in such public area and in the same manner \n the availability of its affordable transaction accounts.\n (2) Printed material.--If an insured depository institution \n makes available in the public area of any office of the \n institution printed material describing the terms of its other \n consumer transaction accounts, the depository institution shall \n also make comparable descriptive printed material concerning \n the affordable transaction accounts available in the same such \n area and in the same manner.\n (h) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Consumer transaction account.--For purposes of this \n section, the term ``consumer transaction account'' means a \n demand deposit account, negotiable order of withdrawal account, \n share draft account, or any similar transaction account used \n primarily for personal, family or household purposes.\n (2) Depository institution.--The term ``depository \n institution'' has the same meaning as in section 19(b)(1)(A) of \n the Federal Reserve Act.\n (3) Federal banking agency.--The term ``Federal banking \n agency''--\n (A) has the same meaning as in section 3(z) of the \n Federal Deposit Insurance Act; and\n (B) includes the National Credit Union \n Administration Board.\n (4) Insured depository institution.--The term ``insured \n depository institution''--\n (A) has the same meaning as in section 3(c)(2) of \n the Federal Deposit Insurance Act; and\n (B) includes an insured credit union (as defined in \n section 101(7) of the Federal Credit Union Act).\n (i) Compliance With More Stringent State Law.--If a depository \ninstitution operates in a State the laws of which, including \nregulations, require a depository institution operating in such State \nto meet requirements for affordable transaction accounts which are more \nadvantageous to the consumer than the requirements of this section or \nthe regulations prescribed under this section, such depository \ninstitution may not be treated as a qualified depository institution \nfor purposes of section 19(b)(12) of the Federal Reserve Act, unless \nsuch depository institution meets the requirements of this section and \nthe requirements of such State law.\n (j) Rule of Construction.--No provision of this section, title LXII \nof the Revised Statutes of the United States, the Home Owners' Loan \nAct, the Bank Enterprise Act of 1991, the Alternative Mortgage \nTransaction Parity Act of 1982, or any other Federal law may be \nconstrued as preempting, or providing any basis for the Comptroller of \nthe Currency or the Director of the Office of Thrift Supervision to \nconclude that Federal law in any way preempts, the law of any State \nwhich requires depository institution operating in that State to \nprovide affordable transaction accounts, including the Omnibus Consumer \nProtection and Banking Deregulation Act of 1994 of the State of New \nYork and the New Jersey Consumer Checking Account Act (as in effect on \nthe date of the enactment of this Act).\n (k) Coordination of Regulations.--Each Federal banking agency \nshall--\n (1) consult and coordinate with other Federal banking \n agencies to ensure that regulations prescribed by each such \n agency are consistent with and comparable to the regulations \n prescribed by each other such agency; and\n (2) prescribe regulations in final form to implement this \n section before the end of the 6-month period beginning on the \n date of the enactment of this Act.","summary":"Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an affordable transaction account containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month. Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements. Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products. Mandates depository institution compliance with more stringent State law where applicable.","title":"To require insured depository institutions to make affordable transaction accounts available to their customers, and for other purposes.","text_len":9536,"sum_len":726} {"bill_id":"110_s1871","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unemployment Insurance Modernization \nAct''.\n\nSEC. 2. SPECIAL TRANSFERS TO STATE ACCOUNTS IN THE UNEMPLOYMENT TRUST \n FUND.\n\n (a) In General.--Section 903 of the Social Security Act (42 U.S.C. \n1103) is amended by adding at the end the following:\n\n ``Special Transfers in Fiscal Years 2008 Through 2012\n\n ``(f)(1)(A) In addition to any other amounts, the Secretary of \nLabor shall provide for the making of unemployment compensation \nmodernization incentive payments (in this subsection referred to as \n`incentive payments') to the accounts of the States in the Unemployment \nTrust Fund, by transfer from amounts reserved for that purpose in the \nFederal unemployment account, in accordance with succeeding provisions \nof this subsection.\n ``(B) Subject to paragraph (5), the maximum incentive payment \nallowable under this subsection with respect to any State shall, as \ndetermined by the Secretary of Labor, be equal to the amount obtained \nby multiplying $7,000,000,000 times the same ratio as is applicable \nunder subsection (a)(2)(B) for purposes of determining such State's \nshare of any funds to be transferred under subsection (a) as of October \n1, 2007.\n ``(C) Of the maximum incentive payment determined under \nsubparagraph (B) with respect to a State--\n ``(i) one-third shall be transferred upon a certification \n under paragraph (4)(B) that the State law of such State meets \n the requirements of paragraph (2); and\n ``(ii) the remainder shall be transferred upon a \n certification under paragraph (4)(B) that the State law of such \n State meets the requirements of paragraph (3).\n ``(2) The State law of a State meets the requirements of this \nparagraph if such State law--\n ``(A) uses a base period that includes the most recently \n completed calendar quarter before the start of the benefit year \n for purposes of determining eligibility for unemployment \n compensation; or\n ``(B) provides that, in the case of an individual who would \n not otherwise be eligible for unemployment compensation under \n the State law because of the use of a base period that does not \n include the most recently completed calendar quarter before the \n start of the benefit year, eligibility shall be determined \n using a base period that includes such calendar quarter.\n ``(3) The State law of a State meets the requirements of this \nparagraph if such law includes provisions to carry out at least 2 of \nthe following subparagraphs:\n ``(A) An individual shall not be denied compensation under \n any State law provisions relating to availability for work, \n active search for work, or refusal to accept work, solely \n because such individual is seeking only part-time (and not \n full-time) work, except that such law may provide for the \n provisions carrying out this subparagraph to require up to, but \n not to exceed, a majority of weeks of work of such individual's \n base period to consist of part-time employment.\n ``(B) An individual shall not be disqualified from \n compensation for separating from work for compelling family \n reasons, which, for purposes of this subparagraph, shall \n include at least the following:\n ``(i) A separation from employment in which \n domestic violence causes the individual reasonably to \n believe that such separation is necessary for the \n safety of the individual or the individual's family, as \n verified by such reasonable and confidential \n documentation that may be required by the State.\n ``(ii) A separation from employment resulting from \n the illness or disability of a member of the \n individual's immediate family.\n ``(iii) A separation from employment resulting from \n the individual's need to accompany a spouse--\n ``(I) to a place from which it is \n impractical for such individual to commute; and\n ``(II) due to a change in location of the \n spouse's employment.\n ``(C) Weekly unemployment compensation is payable under \n this subparagraph to any individual who is unemployed (as \n determined under the State unemployment compensation law), has \n exhausted all rights to regular and (if applicable) extended \n unemployment compensation under the State law, and is enrolled \n and making satisfactory progress in a State-approved training \n program or in a job training program authorized under the \n Workforce Investment Act of 1998. Such program shall prepare \n individuals who have been separated from a declining \n occupation, or who have been involuntarily and indefinitely \n separated from employment as a result of a permanent reduction \n of operations at the individual's place of employment, for \n entry into a high-demand occupation. In addition, such program \n may prepare other unemployed individuals deemed eligible by the \n State. The amount of unemployment compensation payable under \n this subparagraph to an individual for a week of unemployment \n shall be equal to the individual's average weekly benefit \n amount (including dependents' allowances) for the most recent \n benefit year, and the total amount of unemployment compensation \n payable under this subparagraph to any individual shall be \n equal to at least 26 times the individual's average weekly \n benefit amount (including dependents' allowances) for the most \n recent benefit year.\n ``(D) The maximum amount of compensation--\n ``(i) payable to the individual during a benefit \n year is equal to at least 26 times the individual's \n weekly benefit amount; or\n ``(ii) the individual receives during a benefit \n year exceeds half of the individual's total wages \n during the base period.\n A State shall not be considered to satisfy clause (i) if it \n reduced the maximum weekly benefit amount of compensation \n payable to an individual during a benefit year below the amount \n that was in effect as of the date of enactment of this \n subsection.\n ``(E) Dependents' allowances are provided to all \n individuals with a dependent (as defined by State law) equal to \n at least $15 per dependent per week, subject to any aggregate \n limitation on such allowances which the State law may establish \n (but which aggregate limitation on the total allowance for \n dependents paid to an individual may not be less than the \n lesser of $50 for each week of unemployment or 50 percent of \n the individual's weekly benefit amount for the benefit year).\n ``(4)(A) Any State seeking an incentive payment under this \nsubsection shall submit an application therefor at such time and in \nsuch manner as the Secretary of Labor shall by regulation prescribe. \nSuch application shall include information on how the State intends to \nuse incentive payments to improve or strengthen the State's \nunemployment compensation program. The Secretary of Labor shall, within \n90 days after receiving any such application, notify the State agency \nof the State as to the Secretary's findings with respect to the \nrequirements of paragraph (2) or (3) (as the case may be).\n ``(B) If the Secretary of Labor finds that the State law provisions \n(disregarding any State law provisions which are not then currently in \neffect or which are subject to discontinuation under certain \nconditions) meet the requirements of paragraph (2) or (3) (as the case \nmay be) and that unemployment compensation claimants have begun to \nqualify for benefits under such requirements, the Secretary of Labor \nshall thereupon make a certification to that effect to the Secretary of \nthe Treasury, together with a certification as to the amount of the \nincentive payment to be transferred to the State account pursuant to \nthat finding. The Secretary of the Treasury shall make the appropriate \ntransfer within 30 days after receiving such certification.\n ``(C)(i) No certification of compliance with the requirements of \nparagraph (2) or (3) may be made with respect to any State whose State \nlaw is not otherwise eligible for certification under section 303 or \napprovable under section 3304 of the Federal Unemployment Tax Act.\n ``(ii) No certification of compliance with the requirements of \nparagraph (3) may be made with respect to any State whose State law is \nnot in compliance with the requirements of paragraph (2).\n ``(iii) No application under subparagraph (A) may be considered if \nsubmitted before October 1, 2007, or after the latest date by which it \nmust be submitted (as specified by the Secretary of Labor in \nregulations) to ensure that all incentive payments under this \nsubsection are made before October 1, 2012.\n ``(5)(A) If the Secretary of Labor determines, within 30 days after \nthe deadline described in paragraph (4)(C)(iii), that there are amounts \nreserved for incentive payments under paragraph (7) for which the \nSecretary of the Treasury has not received a certification under \nparagraph (4)(B), from such amounts--\n ``(i) first, 10 percent of such amounts shall be made \n available for transfer to the accounts of States under \n subsection (g); and\n ``(ii) second, from the remainder of such amounts, \n incentive payments that are in addition to those made under \n paragraph (1) shall be made to States described in subparagraph \n (E).\n ``(B)(i) The amount of additional incentive payments to a State \nunder subparagraph (A)(ii) shall be an amount equal to the sum of--\n ``(I) the amount obtained by multiplying the total amount \n determined by the Secretary of Labor under subparagraph (A) \n (after application of clause (i) of such subparagraph) times \n the same ratio as is applicable under subsection (a)(2)(B) for \n purposes of determining such State's share of any funds to be \n transferred under subsection (a) as of October 1, 2007; and\n ``(II) an amount equal to the total amount determined by \n the Secretary of Labor under subparagraph (A) (after \n application of clause (i) of such subparagraph) less the total \n amount of additional incentive payments under subclause (I) for \n all States, divided by the total number of States receiving \n additional incentive payments.\n ``(ii) In no case may the amount of an additional incentive payment \ntransferred to a State under this paragraph exceed an amount equal to 2 \ntimes the total amount of the incentive payment transferred to the \nState under paragraph (1)(C).\n ``(C) For each State described in subparagraph (E), the Secretary \nshall make a certification to that effect to the Secretary of the \nTreasury, together with a certification as to the amount of the \nadditional incentive payment to be transferred to the State account \npursuant this paragraph. The Secretary of the Treasury shall make the \nappropriate transfer within 30 days after receiving such certification.\n ``(D) The Secretary of Labor shall certify to the Secretary of the \nTreasury the amount to be made available for transfer under \nsubparagraph (A)(i).\n ``(E) For purposes of subparagraph (A), a State is described in \nthis subparagraph if the Secretary of the Treasury received a \ncertification under paragraph (4)(B) that the State law of such State \nmeets the requirements of paragraphs (2) and (3).\n ``(6)(A) Except as provided in subparagraph (B), amounts \ntransferred to a State account pursuant to paragraphs (4)(B) and (5)(C) \nmay be used only in the payment of cash benefits to individuals with \nrespect to their unemployment.\n ``(B) A State may, subject to the same conditions as set forth in \nsubsection (c)(2) (excluding subparagraph (B) thereof, and deeming the \nreference to `subsections (a) and (b)' in subparagraph (D) thereof to \ninclude this subsection), use any amount transferred to the account of \nsuch State under paragraphs (4)(B) and (5)(C) for the administration of \nits unemployment compensation law and public employment offices.\n ``(7) Out of any money in the Federal unemployment account not \notherwise appropriated, the Secretary of the Treasury shall reserve \n$7,000,000,000 to carry out this subsection. For purposes of section \n902, the net balance in the Federal unemployment account as of any time \nis the amount in such account as of such time reduced by an amount \nequal to the total amount so reserved less the total of the incentive \npayments transferred under this subsection (and the total amount \ntransferred under paragraph (5)(A)(i)) as of such time.\n\n ``Special Transfers in Fiscal Years 2008 Through 2012\n\n ``(g)(1) Notwithstanding any other provision of this section, the \ntotal amount available for transfer to the accounts of the States \npursuant to subsection (a) as of the beginning of each of fiscal years \n2008, 2009, 2010, 2011, and 2012 shall be equal to the total amount \nwhich (disregarding this subsection) would otherwise be so available, \nincreased by $100,000,000 (or, in the case of fiscal year 2012, \n$100,000,000 plus the amount made available for transfer under \nsubsection (f)(5)(A)(i)).\n ``(2) Each State's share of any additional amount made available by \nthis subsection shall be determined, certified, and computed in the \nsame manner as described in subsection (a)(2) and shall be subject to \nthe same limitations on transfers as described in subsection (b). For \npurposes of applying subsection (b)(2), the balance of any advances \nmade to a State under section 1201 shall be credited against, and \noperate to reduce (but not below zero)--\n ``(A) first, any additional amount which, as a result of \n the enactment of this subsection, is to be transferred to the \n account of such State in a fiscal year; and\n ``(B) second, any amount which (disregarding this \n subsection) is otherwise to be transferred to the account of \n such State pursuant to subsections (a) and (b) in such fiscal \n year.\n ``(3) Any additional amount transferred to the account of a State \nas a result of the enactment of this subsection--\n ``(A) may be used by the State agency of such State only in \n the payment of expenses incurred by it for--\n ``(i) the administration of the provisions of its \n State law carrying out the purposes of subsection \n (f)(2) or any subparagraph of subsection (f)(3);\n ``(ii) improved outreach to individuals who might \n be eligible for compensation by virtue of any \n provisions of the State law which are described in \n clause (i);\n ``(iii) the improvement of unemployment benefit and \n unemployment tax operations; and\n ``(iv) staff-assisted reemployment services for \n unemployment insurance claimants; and\n ``(B) shall be excluded from the application of subsection \n (c).\n ``(4) The total additional amount made available by this subsection \nin a fiscal year shall be taken out of the amounts remaining in the \nemployment security administration account after subtracting the total \namount which (disregarding this subsection) is otherwise required to be \ntransferred from such account in such fiscal year pursuant to \nsubsections (a) and (b).''.\n (b) Regulations.--The Secretary of Labor may prescribe any \nregulations necessary to carry out the amendment made by subsection \n(a).\n\nSEC. 3. EXTENSION OF FUTA TAX.\n\n Section 3301 of the Internal Revenue Code of 1986 (relating to rate \nof tax) is amended--\n (1) by striking ``2007'' in paragraph (1) and inserting \n ``2012'', and\n (2) by striking ``2008'' in paragraph (2) and inserting \n ``2013''.","summary":"Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2012 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund. Prescribes a formula for determining the maximum allowable incentive payments. Specifies requirements state law must meet for the state to qualify for such a payment. Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals. Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments. Amends the Internal Revenue Code to extend through FY2013 the Federal Unemployment Tax Act (FUTA) excise tax imposed on every employer.","title":"A bill to provide for special transfers of funds to States to promote certain improvements in State unemployment compensation laws.","text_len":16564,"sum_len":849} {"bill_id":"109_s1406","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Respirator Access Assurance Act of \n2005''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Each year millions of workers, responders, and citizens \n in the United States and around the world depend on the \n availability of respirators made in the United States for \n protection against exposure to hazardous materials and in the \n event of terrorist incidents, airborne disease epidemics, and \n other disasters.\n (2) Respirators are tested, and the design and labeling of \n respirators is regulated by an independent Federal agency, the \n National Institute for Occupational Safety and Health, which is \n part of the Centers for Disease Control and Prevention. NIOSH \n establishes the performance standards for respirators, \n independently tests and certifies that respirators meet its \n standards, and performs follow-up field audits of respirators \n to ensure continued compliance with NIOSH performance \n standards. Prior to the establishment of NIOSH, respirators \n were approved by the United States Bureau of Mines.\n (3) Respirator manufacturers and sellers do not and cannot \n control or determine the manner in which their products are \n used.\n (4) Manufacturers and sellers of respirators designed and \n labeled in compliance with NIOSH requirements have been named \n as defendants in a substantial number of product liability \n claims alleging that these NIOSH-approved designs and warnings \n are defective.\n (5) Respirators are sold in and have an effect on \n interstate commerce.\n (6) Manufacturers of respirators may cease making such \n products, in principal part because of the costs of litigation.\n (7) A continued United States capacity to manufacture and \n distribute respirators is necessary to assure that these \n products remain available. Lack of availability of respirators \n will increase risks to the health of millions of American \n workers and emergency responders.\n (8) The protections set forth in this Act are needed to \n assure the continued commercial availability of lifesaving \n respirators.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Manufacturer.--The term ``Manufacturer'' means any \n person who, in the course of a business conducted for that \n purpose, designs, makes, produces, packages, or labels any \n respirator or component part of a respirator, or engages \n another to do so.\n (2) NIOSH.--The term ``NIOSH'' means the National Institute \n for Occupational Safety and Health.\n (3) NIOSH approval.--The term ``NIOSH approval'' means a \n certificate or formal document issued by NIOSH stating that an \n individual respirator or combination of respirators has met the \n minimum requirements of part 84 of title 42, Code of Federal \n Regulations, or part 11 of title 30, Code of Federal \n Regulations, and that the manufacturer is authorized to use and \n attach an approval label to any respirator manufactured in \n conformance with the plans and specifications upon which the \n approval was based. For purposes of this Act, NIOSH approval \n shall also mean certification or approval by any Federal \n Government agency with authority to approve respirators, \n including the United States Bureau of Mines and the Mine Safety \n and Health Administration.\n (4) Respirator.--The term ``Respirator'' means any device, \n including component or replacement parts for a device, designed \n to provide the wearer with respiratory protection against \n inhalation of a hazardous atmosphere.\n (5) Seller.--The term ``Seller'' means a person or entity, \n including a retailer, distributor, or wholesaler, that is \n regularly engaged in selling respirators.\n\nSEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING.\n\n (a) In General.--A manufacturer or seller of a respirator shall not \nbe subject to any claim for defective design or warning relating to a \nrespirator or any claim which is based on such an allegation if such \nrespirator has received a NIOSH approval, and such respirator is \nmanufactured in compliance with the NIOSH-approved design and labeling \nin effect on the date of manufacture. This provision shall not apply to \na respirator that fails to comply with the NIOSH-approved design and \nlabeling standards in effect on the date of manufacture.\n (b) Withdrawal of Approval.--Subsection (a) shall not apply to a \nmanufacturer or seller of a respirator if NIOSH withdraws its approval \nfor the respirator that is the subject of the claim involved based on a \nfinding by NIOSH that the manufacturer or seller--\n (1) withheld from or misrepresented to NIOSH material \n information about the respirator's design or labeling and the \n respirator otherwise would not have been approved; or\n (2) made an illegal payment to a NIOSH official or employee \n for the purpose of securing or maintaining approval of the \n respirator's design or labeling.\n (c) Statute of Limitations.--A statute of limitations that would \notherwise apply to claims to which subsection (b) applies shall not \nbegin to run until the date on which NIOSH withdraws its approval for \nthe respirator involved.\n\nSEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION.\n\n (a) Preemption.--The provisions of this Act shall supersede any and \nall State or local laws insofar as they may now or hereafter relate to \nany claim for defective design or warning relating to a respirator or \nany claim which is based on such an allegation if such respirator \ncomplied with the NIOSH-approved design and labeling in effect on the \ndate of manufacture.\n (b) Statutory Construction.--Nothing in this Act may be construed \nto affect any defense available to a defendant under any other \nprovision of State or Federal law, or to create a cause of action or \nFederal court jurisdiction pursuant to section 1331 or 1332 of title \n28, United States Code, that otherwise would not exist under applicable \nlaw.\n\nSEC. 6. APPLICABILITY.\n\n This Act applies to any civil action in a Federal or State court, \non the basis of any legal theory, for harm allegedly caused, directly \nor indirectly, by a respirator, a respirator manufacturer, or a \nrespirator seller.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall become effective upon enactment and shall apply to \nany action that has not proceeded to trial as of the date of enactment, \nregardless of when the respirator was manufactured or sold.","summary":"Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture. Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee . Preempts all state and local laws with regard to such claims. Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.","title":"A bill to protect American workers and responders by ensuring the continued commercial availability of respirators and to establish rules governing product liability actions against manufacturers and sellers of respirators.","text_len":6910,"sum_len":906} {"bill_id":"111_hr4847","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Volcano Early Warning and \nMonitoring System Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the United States and the territories of the United \n States contain 169 hazardous volcanoes;\n (2) since 1980, eruptions have claimed many lives and cost \n billions of dollars in property damage in the United States;\n (3) ash eruptions pose a hazard to high-flying jet \n aircraft, including the more than 20,000 passengers who travel \n on jets over Alaska every day;\n (4) in 1989, an eruption of Redoubt Volcano, Alaska, caused \n in-flight failure of all 4 engines of a passenger Boeing 747 \n aircraft;\n (5) international flights over the Commonwealth of the \n Northern Mariana Islands and the intense domestic air traffic \n of the Pacific Northwest also face potential engine failure in \n the event of an eruption;\n (6) mudflows from ice-clad Cascade volcanoes of the States \n of Washington, Oregon, and California pose a serious hazard to \n cities and transportation arteries in the Pacific Northwest;\n (7) lava flows, toxic gas emissions, and explosions impact \n residents and visitors to Hawaii and have the potential to \n cause catastrophic property damage;\n (8) frequent seismic unrest requires careful monitoring in \n the Mammoth Lakes area of California and Yellowstone National \n Park in the States of Wyoming, Montana, and Idaho;\n (9) modern technology, in the form of geophysical \n monitoring networks on the ground and the use of near-real time \n satellite data, makes possible warnings before eruptions, \n giving emergency response agencies and the public time to \n prepare, which minimizes potential damage to property and loss \n of life;\n (10) the efficacy of monitoring is being demonstrated by \n the forecast and subsequent tracking of explosive eruptions of \n Redoubt Volcano by the Alaska Volcano Observatory, a \n partnership of the United States Geological Survey, the \n University of Alaska Fairbanks, and the Alaska Division of \n Geological and Geophysical Surveys;\n (11) the United States Geological Survey and the university \n and State partners of the United States Geological Survey \n operate--\n (A) the Alaska Volcano Observatory located in \n Anchorage and Fairbanks, Alaska;\n (B) the Cascades Volcano Observatory located in \n Vancouver, Washington;\n (C) the Hawaiian Volcano Observatory located in \n Hawaiian Volcanoes National Park, Hawaii;\n (D) the Yellowstone Volcano Observatory located in \n Yellowstone National Park in the State of Wyoming, \n Montana, and Idaho; and\n (E) the Long Valley Observatory, located in Mammoth \n Lakes and Menlo Park, California; and\n (12) a detailed survey of the volcanoes in the United \n States and the monitoring status of those volcanoes has \n revealed a serious monitoring gap, leaving the United States \n exposed to preventable damage from large volcanic eruptions.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Director of the United \n States Geological Survey.\n (2) System.--The term ``System'' means the National Volcano \n Early Warning and Monitoring System established under section \n 4(a)(1).\n\nSEC. 4. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish within the \n United States Geological Survey a program, to be known as the \n ``National Volcano Early Warning and Monitoring System'', to \n monitor, warn, and protect citizens of the United States from \n undue and avoidable harm from volcanic activity.\n (2) Purposes.--The purposes of the System are--\n (A) to organize, modernize, standardize, and \n stabilize the monitoring systems of the volcano \n observatories in the United States; and\n (B) to unify the monitoring systems of volcano \n observatories in the United States into a single \n interoperative system.\n (3) Objective.--The objective of the System is to monitor \n all the volcanoes in the United States at a level commensurate \n with the threat posed by the volcanoes by--\n (A) upgrading existing networks on monitored \n volcanoes; and\n (B) installing new networks on unmonitored \n volcanoes.\n (b) System Components.--\n (1) In general.--The System shall include--\n (A) a national volcano watch office that is \n operational 24 hours a day and 7 days a week;\n (B) a national volcano data center; and\n (C) an external grants program to support research \n in volcano monitoring science and technology.\n (2) Modernization activities.--Modernization activities \n under the System shall include the comprehensive application of \n emerging technologies, including digital broadband \n seismometers, real-time continuous global positioning systems, \n radar satellite interferometry, and spectrometry to measure gas \n emission.\n (c) Management.--\n (1) Management plan.--\n (A) In general.--Not later than 90 days after the \n date of enactment of this Act, the Secretary shall \n submit to Congress a 5-year management plan for \n establishing and operating the System.\n (B) Inclusions.--The management plan submitted \n under subparagraph (A) shall include--\n (i) annual cost estimates for modernization \n activities and operation of the System;\n (ii) annual milestones, standards, and \n performance goals; and\n (iii) recommendations for, and progress \n towards, establishing new, or enhancing \n existing, partnerships to leverage resources.\n (2) Advisory committee.--The Secretary shall establish an \n advisory committee to assist the Secretary in implementing the \n System, to be comprised of representatives of relevant agencies \n and members of the scientific community appointed by the \n Secretary.\n (3) Partnerships.--The Secretary may enter into cooperative \n agreements with universities and State agencies designating the \n universities and agencies as volcano observatory partners for \n the System.\n (4) Coordination.--The Secretary shall coordinate the \n activities under this Act with the heads of relevant Federal \n agencies, including--\n (A) the Secretary of Transportation;\n (B) the Administrator of the Federal Aviation \n Administration;\n (C) the Administrator of the National Oceanic and \n Atmospheric Administration; and\n (D) the Director of the Federal Emergency \n Management Administration.\n (d) Annual Report.--Annually, the Secretary shall submit to \nCongress a report that describes the activities carried out under this \nAct.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Secretary to carry \nout this Act $15,000,000 for fiscal year 2010 and each fiscal year \nthereafter.","summary":"National Volcano Early Warning and Monitoring System Act - Directs the Secretary of the Interior, acting through the Director of the US Geological Survey (USGS), to establish within USGS a National Volcano Early Warning and Monitoring System program to monitor volcanic activity and to warn and protect US citizens from harm. Sets forth as System purposes to organize, modernize, standardize, and stabilize monitoring systems of US volcano observatories and to unify monitoring systems into a single interoperative system. Sets forth as System objectives to monitor all US volcanoes at a level commensurate with the threat they pose by upgrading existing networks on monitored volcanoes and installing new networks on unmonitored volcanoes. Requires the System to include: (1) a national volcano watch office that is operational 24 hours a day, seven days a week, (2) a national volcano data center. And (3) an external grants program to support research in volcano monitoring science and technology. Directs the Secretary to: (1) submit to Congress a five-year management plan for establishing and operating the System and an annual report, (2) establish an advisory committee. And (3) coordinate activities under this Act with the heads of relevant federal agencies. Authorizes the Secretary to enter into cooperative agreements with universities and state agencies as volcano observatory partners.","title":"To provide for the establishment of the National Volcano Early Warning and Monitoring System.","text_len":8125,"sum_len":1400} {"bill_id":"108_hr4230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global Anti-Semitism Awareness Act \nof 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Acts of anti-Semitism in countries throughout the \n world, including in some of the world's strongest democracies, \n have increased significantly in frequency and scope over the \n last several years.\n (2) During the last three months of 2003 and the first \n three months of 2004, there were numerous instances of anti-\n Semitic violence around the world, including the following \n incidents:\n (A) In Putrajaya, Malaysia, on October 16, 2003, \n Prime Minister Mahathir Mohamad of Malaysia told the 57 \n national leaders assembled for the Organization of the \n Islamic Conference that Jews ``rule the world by \n proxy'', and called for a ``final victory'' by the \n world's 1.3 billion Muslims, who, he said, ``cannot be \n defeated by a few million Jews''.\n (B) In Istanbul, Turkey, on November 15, 2003, \n simultaneous car bombs exploded outside two synagogues \n filled with worshippers, killing 24 people and wounding \n more than 250.\n (C) In Hobart, Australia, on January 5, 2004, \n poison was used to ignite and burn anti-Semitic slogans \n into the lawns of the Parliament House of the state of \n Tasmania.\n (D) In St. Petersburg, Russia, on February 15, \n 2004, vandals desecrated approximately 50 gravestones \n in a Jewish cemetery, painting the stones with \n swastikas and anti-Semitic graffiti.\n (E) In Toronto, Canada, from March 19 to March 21, \n 2004, vandals attacked a Jewish school, a Jewish \n cemetery, and area synagogues, painting swastikas and \n anti-Semitic slogans on the walls of a synagogue and on \n residential property in a nearby, predominantly Jewish, \n neighborhood.\n (F) In Toulon, France, on March 23, 2004, a Jewish \n synagogue and community center were set on fire.\n (3) Anti-Semitism has at times taken the form of \n vilification of Zionism, the Jewish national movement, and \n incitement against Israel.\n (4) Anti-Semitism is also increasingly emanating from the \n Arab and Muslim world on a sustained basis, including through \n books distributed by government-owned publishing houses in \n Egypt and other Arab countries.\n (5) In November 2002, state-run television in Egypt \n broadcast the anti-Semitic series entitled ``Horseman Without a \n Horse'', which is based upon the fictitious conspiracy theory \n known as the Protocols of the Elders of Zion. The Protocols \n have been used throughout the last century by despots such as \n Adolf Hitler to justify violence against Jews.\n (6) In November 2003, Arab television featured an anti-\n Semitic series entitled ``Ash-Shatat'' (``The Diaspora''), \n which depicts Jewish people conspiring to gain control of the \n world.\n (7) The sharp rise in anti-Semitic violence has caused \n international organizations such as the Organization for \n Security and Cooperation in Europe (OSCE) to elevate and bring \n renewed focus to this issue, including the convening by the \n OSCE in June 2003 of a conference in Vienna dedicated solely to \n the issue of anti-Semitism.\n (8) On April 28-29, 2004, in Berlin, Germany, the OSCE will \n again convene a conference dedicated to addressing the problem \n of anti-Semitism, with the United States delegation to be led \n by former Mayor of New York City Ed Koch.\n (9) The United States has vigorously supported efforts to \n address anti-Semitism through bilateral relationships and \n interaction with international organizations such as the OSCE, \n the European Union, and the United Nations.\n (10) Congress has consistently supported efforts to address \n the rise in anti-Semitic violence. During the 107th Congress, \n both the Senate and the House of Representatives passed \n resolutions expressing strong concern about the sharp \n escalation of anti-Semitic violence in Europe and calling on \n the Department of State to thoroughly document the phenomenon.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the United States should continue to vigorously support \n efforts to combat anti-Semitism worldwide through bilateral \n relationships and interaction with international organizations \n such as the Organization of Security and Cooperation in Europe \n (OSCE);\n (2) the United States delegation to the OSCE conference in \n Berlin should advocate for the appointment of a High \n Commissioner on anti-Semitism;\n (3) the President should direct the United States \n Ambassador to the United Nations to introduce in the most \n appropriate forum in the United Nations a measure condemning \n anti-Semitism;\n (4) the Secretary of State should establish a permanent \n office in the Department of State to monitor and combat anti-\n Semitism; and\n (5) the Department of State should thoroughly document acts \n of anti-Semitism and anti-Semitic incitement that occur around \n the world.\n\nSEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT \n ANTI-SEMITISM.\n\n The State Department Basic Authorities Act of 1956 is amended by \nadding after section 58 (22 U.S.C. 2730) the following new section:\n\n``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM.\n\n ``(a) Office to Monitor and Combat Anti-Semitism.--\n ``(1) Establishment of office.--The Secretary is authorized \n and encouraged to establish within the Department of State an \n Office to Monitor and Combat anti-Semitism (in this section \n referred to as the `Office') .\n ``(2) Head of office.--If the Secretary establishes the \n Office pursuant to paragraph (1), the head of the Office shall \n be the Director for Monitoring and Combatting anti-Semitism. \n The Secretary shall appoint the Director of the Office.\n ``(b) Purpose of Office.--Upon establishment, the Office shall \nassume the primary responsibility for--\n ``(1) monitoring and combatting acts of anti-Semitism and \n anti-Semitic incitement that occur in foreign countries;\n ``(2) coordinating and assisting in the preparation of that \n portion of the report required by sections 116(d)(7) and \n 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. \n 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-\n Semitism and anti-Semitic incitement around the world for \n inclusion in the annual country reports on human rights \n practices; and\n ``(3) coordinating and assisting in the preparation of that \n portion of the report required by section 102(b)(1)(C) of the \n International Religious Freedom Act of 1998 (22 U.S.C. \n 6412(b)(1)(C)) relating to an assessment and description of the \n nature and extent of acts of anti-Semitism and anti-Semitic \n incitement that occur in foreign countries for inclusion in the \n annual international religious freedom report.\n ``(c) Consultations.--The Director of the Office shall consult with \ndomestic and international nongovernmental organizations and \nmultilateral organizations and institutions as the Director considers \nappropriate to fulfill the purposes of this section.\n ``(d) Public Hearings and Evidence.--The Director of the Office may \nhold public hearings take testimony, and receive evidence as the \nDirector considers appropriate.''.\n\nSEC. 5. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION \n CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES.\n\n (a) Inclusion in Country Reports on Human Rights Practices.--The \nForeign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--\n (1) in section 116(d)(7) (22 U.S.C. 2151n(d)(7)), by \n striking the semicolon and inserting ``and a summary of acts of \n anti-Semitism and anti-Semitic incitement that occur in foreign \n countries, including descriptions of--\n ``(A) acts of physical violence against, or harassment of, \n Jewish people, and acts of violence against, or vandalism of, \n Jewish community institutions, including schools, synagogues, \n and cemeteries that occurred in foreign countries during the \n preceding year;\n ``(B) instances of propaganda in government and non-\n government media and other sources in foreign countries that \n attempt to justify or promote racial hatred or incite acts of \n violence against Jewish people;\n ``(C) the actions, if any, taken by the governments of such \n countries to respond to such violence and attacks or to \n eliminate such propaganda or incitement;\n ``(D) the actions taken by such governments to enact and \n enforce laws relating to the protection of the right to \n religious freedom of Jewish people; and\n ``(E) the efforts of such governments to promote anti-bias \n and tolerance education;''; and\n (2) in the fourth sentence of section 502B(b) (22 U.S.C. \n 2304(b)), by inserting before the period the following: ``and a \n summary of acts of anti-Semitism and anti-Semitic incitement \n that occur in foreign countries, including the descriptions of \n such acts required under section 116(d)(7)''.\n (b) Inclusion in International Religious Freedom Report.--Section \n102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. \n6412(b)(1)) is amended--\n (1) by redesignating subparagraphs (C), (D), (E), and (F) \n as subparagraphs (D), (E), (F), and (G), respectively; and\n (2) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) Acts of anti-semitism.--An assessment and \n description of the nature and extent of acts of anti-\n Semitism and anti-Semitic incitement that occur in \n foreign countries, including descriptions of--\n ``(i) acts of physical violence against, or \n harassment of, Jewish people, and acts of \n violence against, or vandalism of, Jewish \n community institutions, including schools, \n synagogues, and cemeteries that occurred in \n foreign countries during the preceding year;\n ``(ii) instances of propaganda in \n government and non-government media and other \n sources in foreign countries that attempt to \n justify or promote racial hatred or incite acts \n of violence against Jewish people;\n ``(iii) the actions, if any, taken by the \n governments of such countries to respond to \n such violence and attacks or to eliminate such \n propaganda or incitement;\n ``(iv) the actions taken by such \n governments to enact and enforce laws relating \n to the protection of the right to religious \n freedom of Jewish people; and\n ``(v) the efforts of such governments to \n promote anti-bias and tolerance education.''.\n (c) Effective Date of Inclusions.--The amendments made by \nsubsections (a) and (b) shall apply beginning with the first report \nunder sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 \n(22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the \nInternational Religious Freedom Act of 1998 (22 U.S.C. 6312(b)) \nsubmitted more than one year after the date of the enactment of this \nAct.","summary":"Global Anti-Semitism Awareness Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE). (2) the US delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism. And (3) the President should direct the United States Ambassador to the United Nations to introduce in the United Nations a measure condemning anti-Semitism. Amends the State Department Basic Authorities Act of 1956 to authorize and encourage the Secretary of State to establish within the Department of State an Office to Monitor and Combat anti-Semitism. Amends the Foreign Assistance Act of 1961 to include in the Department of State annual reports information on: (1) acts of anti-Semitism in foreign countries. And (2) governmental responses to such acts, including efforts to promote anti-bias education. Makes similar amendments to the International Religious Freedom Act of 1998.","title":"To authorize the establishment within the Department of State of an Office to Monitor and Combat Anti-Semitism, to require inclusion in annual Department of State reports of information concerning acts of anti-Semitism around the world, and for other purposes.","text_len":12682,"sum_len":1145} {"bill_id":"106_hr5293","text":"SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A \n FIREARM OFFENSE INADMISSIBLE.\n\n (a) In General.--Section 212(a)(2) of the Immigration and \nNationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end \nthe following:\n ``(H) Aggravated felony.--\n ``(i) In general.--Any alien who is \n convicted of an aggravated felony is \n inadmissible.\n ``(ii) Waiver authorized.--Clause (i) shall \n not apply in the case of an alien with respect \n to a criminal conviction if the alien \n subsequent to the criminal conviction has been \n granted a full and unconditional pardon by the \n President of the United States or by the \n Governor of any of the several States.\n ``(I) Certain firearm offenses.--Any alien who is \n convicted under any law of purchasing, selling, \n offering for sale, exchanging, using, owning, \n possessing, or carrying, or of attempting or conspiring \n to purchase, sell, offer for sale, exchange, use, own, \n possess, or carry, any weapon, part, or accessory which \n is a firearm or destructive device (as defined in \n section 921(a) of title 18, United States Code) in \n violation of any law is inadmissible.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to convictions entered on or after the date of the enactment of \nthis Act.\n\nSEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS \n UNLAWFULLY PRESENT IN THE UNITED STATES.\n\n (a) In General.--Section 212(h) of the Immigration and Nationality \nAct (8 U.S.C. 1182(h)) is amended by inserting before the final \nsentence the following:\n``No waiver shall be granted under this subsection in the case of any \nalien who is present in the United States after the expiration of the \nperiod of stay authorized by the Attorney General or is present in the \nUnited States without being admitted or paroled if either the alien has \nbeen convicted of an aggravated felony committed in the United States \nor the alien has not resided continuously in the United States for a \nperiod of not less than 7 years immediately preceding the date of \ninitiation of proceedings to remove the alien from the United \nStates.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to waivers granted on or after the date of the enactment of this \nAct.\n\nSEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL \n CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO \n PROCURE BENEFITS FOR OTHERS.\n\n (a) Inadmissibility.--Section 212(a)(6)(C)(i) of the Immigration \nand Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking \n``this Act'' and inserting ``this Act, for himself, herself, or any \nother alien,''.\n (b) Ineligibility for Finding of Good Moral Character.--Section \n101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6)) \nis amended to read as follows:\n ``(6) one who, by fraud or willfully misrepresenting a \n material fact, has sought to procure or has procured a visa, \n other documentation, or admission into the United States or \n other benefit provided under this Act, for himself, herself, or \n any other alien;''.\n (c) Effective Date.--The amendments made by this section shall \napply to misrepresentations made on or after the date of the enactment \nof this Act.\n\nSEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION \n OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN \n INADMISSIBLE OR DEPORTABLE.\n\n (a) In General.--Section 240A(d)(1) of the Immigration and \nNationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking \n``referred to in section 212(a)(2)''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to aliens who are in proceedings under the Immigration and \nNationality Act on or after the date of the enactment of this Act if \nthose proceedings have not resulted in a final administrative order \nbefore such date.\n\nSEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL \n DECISION.\n\n (a) Arrest and Detention.--\n (1) In general.--Section 236(c)(1) of the Immigration and \n Nationality Act (8 U.S.C. 1226(c)(1)) is amended--\n (1) by striking the matter preceding subparagraph (A) and \n inserting the following:\n ``(1) Arrest and detention.--On a warrant issued by the \n Attorney General, an alien shall be arrested and detained \n pending a decision on whether the alien is to be removed from \n the United States if the Attorney General alleges that the \n alien--'';\n (2) in subparagraph (D), by striking the comma at the end \n and inserting a period; and\n (3) by striking the matter following subparagraph (D) and \n adding at the end the following:\n ``Nothing in this paragraph shall be construed as requiring the \n Attorney General to arrest or detain an alien who is sentenced \n to a term of imprisonment until the alien is released from \n imprisonment, but parole, supervised release, probation, or \n possibility of arrest or further imprisonment is not a reason \n for the Attorney General to defer arrest and detention under \n this paragraph.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to aliens who are in proceedings under the \n Immigration and Nationality Act on or after the date of the \n enactment of this Act if those proceedings have not resulted in \n a final administrative order before such date.\n (b) Release.--\n (1) In general.--Section 236(c)(2) of the Immigration and \n Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at \n the end the following:\n ``The Attorney General may release an alien under this \n paragraph only on bond of at least $2,000 with security \n approved by, and containing conditions prescribed by, the \n Attorney General.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to releases occurring on or after the date of the \n enactment of this Act.","summary":"Limits the waiver of inadmissibility for certain criminal aliens unlawfully present in the United States. Makes an alien who has fraudulently misrepresented a material fact or obtained or sought to obtain immigration-related documents ineligible for a finding of good moral character under such Act. Revises provisions respecting: (1) termination of continuous presence for purposes of cancellation of removal for certain offenses. And (2) detention and release of criminal aliens pending removal decision.","title":"To amend the Immigration and Nationality Act to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes, and for other purposes.","text_len":6641,"sum_len":506} {"bill_id":"107_hr864","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Separation of Powers Restoration \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) As a limit on governmental power, Constitutional \n framers vested Federal powers in three coequal branches of \n government, each with unique and limited powers and each with a \n coequal duty to uphold and sustain the Constitution of the \n United States.\n (2) A Supreme Court justice stated, ``The doctrine of the \n separation of powers was adopted by the convention of 1787 not \n to promote efficiency but to preclude the exercise of arbitrary \n power. The purpose was not to avoid friction, but, by means of \n the inevitable friction incident to the distribution of the \n governmental powers among three departments, to save the people \n from autocracy.'' Myers v. United States, 272 U.S. 52, 293 \n (1926) (Brandeis, J., dissenting).\n (3) James Madison, quoting Montesquieu, stated in \n Federalist 47, ```There can be no liberty where the legislative \n and executive powers are united in the same person, or body of \n magistrates.'''\n (4) Article I of the Constitution provides, ``All \n legislative powers herein granted shall be vested in a Congress \n of the United States.''\n (5) A congressional committee print has noted that, \n ``[b]ecause the President has no power or authority over \n individual citizens and their rights except where he is granted \n such power and authority by a provision in the Constitution or \n by statute, the President's proclamations are not legally \n binding and are at best hortatory unless based on such grants \n of authority.'' 85th Cong., 1st Sess., Executive Orders and \n Proclamations: A Study of a Use of Presidential Powers (Comm. \n Print 1957).\n (6) The Supreme Court has stated that, even if Presidents \n have, without congressional authority, taken actions only the \n Congress may take, ``Congress has not thereby lost its \n exclusive constitutional authority to make laws necessary and \n proper to carry out the powers vested by the Constitution `in \n the Government of the United States, or any Department of \n Officer thereof.''' (Youngstown Sheet and Tube Co. v. Sawyer, \n 343 U.S. 579 (1952)).\n (7) Treaties or Executive Agreements which purport to \n assign powers not amongst those specifically granted to the \n Federal Government by the Constitution are non-binding and \n cannot constitute law.\n\nSEC. 3. EFFECT OF PRESIDENTIAL ORDERS.\n\n (a) Limited Effect of Presidential Orders.--A Presidential order \nneither constitutes nor has the force of law and is limited in its \napplication and effect to the executive branch.\n (b) Exceptions.--Subsection (a) does not apply to--\n (1) a reprieve or pardon for an offense against the United \n States, except in cases of impeachment;\n (2) an order given to military personnel pursuant to duties \n specifically related to actions taken as Commander in Chief of \n the Armed Forces; or\n (3) a Presidential order citing the specific congressional \n enactment relied upon for the authority exercised in such order \n and--\n (A) issued pursuant to such authority;\n (B) commensurate with the limit imposed by the \n plain language of such authority; and\n (C) not issued pursuant to a ratified or unratified \n treaty or bilateral or multilateral agreement which--\n (i) violates the ninth or tenth amendments \n to the Constitution; or\n (ii) makes a delegation of power to a \n foreign government or international body when \n no such delegating authority exists under the \n Constitution.\n\nSEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS.\n\n (a) Statement of Authority.--The President shall provide for each \nPresidential order a statement of the specific statutory or \nconstitutional provision which in fact grants the President the \nauthority claimed for such action.\n (b) Invalidity of Nonconforming Orders.--A Presidential order which \ndoes not include the statement required by subsection (a) is invalid, \nto the extent such Presidential order is issued under authority granted \nby a congressional enactment. This subsection applies to Presidential \norders in effect on or after the date that is 180 days after the date \nof enactment of this Act.\n\nSEC. 5. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT \n SEPARATION OF POWERS INTEGRITY.\n\n The following persons may bring an action in an appropriate United \nStates court to challenge the validity of any Presidential order which \nexceeds the power granted to the President by the relevant authorizing \nstatute or the Constitution:\n (1) Congress and its members.--The Congress, the House of \n Representatives, the Senate, any Senator, and any \n Representative to the House of Representatives, if the \n challenged Presidential order--\n (A) infringes on any power of Congress;\n (B) exceeds any power granted by a congressional \n enactment; or\n (C) violates section 4 because it does not state \n the statutory authority which in fact grants the \n President the power claimed for the action taken in \n such Presidential order.\n (2) State and local governments.--The highest governmental \n official of any State, commonwealth, district, territory, or \n possession of the United States, or any political subdivision \n thereof, or the designee of such person, if the challenged \n Presidential order infringes on a power of such State or on a \n power afforded to such commonwealth, district, territory, or \n possession under any congressional enactment or relevant treaty \n of the United States.\n (3) Aggrieved persons.--Any person aggrieved in a liberty \n or property interest adversely affected directly by the \n challenged Presidential order.\n\nSEC. 6. NATIONAL EMERGENCY POWER DIVESTED TO CONGRESS.\n\n (a) Divestiture of Authority To Declare Emergency.--To the extent \nthat any Act of Congress in effect on the date of enactment of this Act \ngrants to the President or any other officer or employee of the \nexecutive branch the power to declare a national emergency, such power \nis hereby divested to the Congress alone.\n (b) Termination of Powers Under Existing States of Emergency.--\n (1) In general.--All powers and authorities possessed by \n the President, any other officer or employee of the Federal \n Government, or any executive agency (as defined in section 105 \n of title 5, United States Code) as a result of the existence of \n any declaration of national emergency in effect on the date of \n enactment of this Act are terminated 90 days after the date of \n enactment of this Act. Such termination shall not affect--\n (A) any action taken or proceeding pending that is \n not finally concluded or determined before such date of \n termination;\n (B) any action or proceeding based on any act \n committed before such date termination; or\n (C) any rights or duties that matured or penalties \n that were incurred prior to such date of termination.\n (2) National emergency defined.--For the purpose of this \n subsection, the term ``national emergency'' means a general \n declaration of emergency made by the President or any other \n officer or employee of the executive branch.\n\nSEC. 7. PRESIDENTIAL ORDER DEFINED.\n\n In this Act, the term ``Presidential order'' means--\n (1) any Executive order, Presidential proclamation, or \n Presidential directive; and\n (2) any other Presidential or Executive action by whatever \n name described purporting to have normative effect outside the \n executive branch which is issued under the authority of the \n President or any other officer or employee of the executive \n branch.","summary":"Separation of Powers Restoration Act - States that a presidential order, with specific exceptions, neither constitutes nor has the force of law and is limited in application and effect to the executive branch. Directs the President to provide with each presidential order a statement of the specific statutory or constitutional authority for such action. Authorizes both Houses of Congress, a Senator or Representative, certain State and local officials, and certain aggrieved persons to bring an action to challenge the validity of any presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution. States that, to the extent that any Act of Congress grants to the President or any other executive officer or employee the power to declare a national emergency, such power is divested to Congress alone. Terminates after 90 days all powers and authorities possessed by the President or any other Federal officer or employee or executive agency as a result of the existence of a declaration of national emergency in effect on the date of enactment of this Act.","title":"To restore the separation of powers between the Congress and the President.","text_len":8680,"sum_len":1121} {"bill_id":"104_hr2608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Consumer Protection Act \nof 1995''.\n\nSEC. 2. NOTIFICATION OF COVERAGE PROVIDED BY THE INSURER.\n\n (a) Notification to Current Enrollees.--An insurer providing health \ninsurance coverage under a health plan shall provide annual notice to \neach current enrollee under such plan regarding the extent of the \ncoverage of the plan. Such notice shall be in writing and shall include \na copy of the contract between the insurer and enrollee, in addition to \ninformation regarding the terms and conditions of the policy and the \nrights and obligations of the parties including--\n (1) covered and excluded services, equipment, and devices;\n (2) copayments, deductibles, and premiums;\n (3) enrollee satisfaction statistics;\n (4) financial responsibility of the enrollee;\n (5) utilization review requirements;\n (6) a list of the usual, customary, and reasonable costs \n for procedures, tests, and examinations;\n (7) physician credentialing standards; and\n (8) the percentage of total annual premiums used to \n reimburse practitioners for health care provided to enrollees \n and the percentage used for administration and other costs \n incurred in administering the plan.\n (b) Notification to Potential Enrollees.--An insurer providing \nhealth insurance coverage under a health plan shall, upon request, \nprovide notice to each potential enrollee under such plan regarding the \nextent of the coverage of the plan. Such notice shall be in writing and \nshall include a copy of the potential contract between the insurer and \npotential enrollee, in addition to information regarding the terms and \nconditions of the policy and the rights and obligations of the parties \ninformation including the items listed in paragraphs (1) through (8) of \nsubsection (a).\n (c) Regulations for Failure To Provide Notification.--The Secretary \nof Health and Human Services shall promulgate regulations to ensure \nthat an insurer providing health insurance coverage under a health plan \nprovide notification to current and potential enrollees as described in \nsubsections (a) and (b).\n\nSEC. 3. DETERMINATION OF MEDICALLY NECESSARY AND APPROPRIATE TREATMENT.\n\n (a) In General.--Under a health plan, the determination of what is \nmedically necessary and appropriate for the health of a patient may be \nmade only by a health care practitioner who is--\n (1) licensed and practicing within the scope of the State \n practice act of the State in which the practitioner practices; \n and\n (2) directly involved in the care of such patient.\n (b) Insurance Coverage.--An insurer must pay for a service \ndetermined, as described in subsection (a), to be medically necessary \nand appropriate if the service is covered by the health plan.\n (c) Regulations To Deter Rewards, Penalties or Inducements.--The \nSecretary of Health and Human Services shall promulgate regulations to \nensure that an insurer not offer monetary rewards, penalties, or \ninducements to a licensed health care practitioner, or condition the \ncontinued participation of a licensed health care practitioner in a \nplan on the basis of the health care practitioner's decisions to limit \nthe availability of appropriate medical tests, services, or treatments.\n\nSEC. 4. ENFORCEMENT AND PENALTIES.\n\n (a) Penalties.-- Any entity that offers a health plan that violates \nthe provisions of this Act shall be subject to a civil money penalty in \nan amount to be determined by the Secretary of Health and Human \nServices.\n (b) Process.--The provisions of section 1128A of the Social \nSecurity Act (42 U.S.C. 1320a-7a) (other than subsections (a) and (b)) \nshall apply to civil money penalties under this section in the same \nmanner as they apply to a penalty or proceeding under section 1128A(a) \nof such Act.\n\nSEC. 5. PROHIBITION OF HOLD HARMLESS PROVISIONS.\n\n An insurer may not include provisions in a health plan to hold \nitself harmless for any liability.\n\nSEC. 6. PREEMPTION.\n\n A State may not establish or enforce standards for insurers or \nhealth insurance coverage with respect to the subject matter of this \nAct that are weaker than the standards established under this Act.\n\nSEC. 7. DEFINITIONS.--\n\n For purposes of this Act:\n (1) Insurer.--The term ``insurer'' means an insurance \n company, insurance service, or insurance organization licensed \n to engage in the business of insurance in a State, and a health \n maintenance organization.\n (2) Health care practitioner.--The term ``health care \n practitioner'' has the meaning provided by section 11151 of \n title 42, United States Code.\n (3) Health insurance coverage.--The term ``health insurance \n coverage'' means any hospital or medical service policy or \n certificate, hospital or medical service plan contract, or \n health maintenance organization contract offered by an insurer.\n (4) Health plan.--The term ``health plan'' means a plan \n that provides health insurance coverage.\n (5) State.--The term ``State'' means any State, the \n District of Columbia, Puerto Rico, the Northern Mariana \n Islands, the Virgin Islands, American Samoa, and Guam.\n\nSEC. 8. EFFECTIVE DATE.\n\n The provisions of this Act shall apply to all health plans offered, \nsold, issued, or renewed after the date of the enactment of this Act.","summary":"Health Care Consumer Protection Act of 1995 - Requires health insurers to provide notice regarding the extent of plan coverage to enrollees annually and to potential enrollees on request. Requires that, under a health plan, the determination of what is medically necessary and appropriate for a patient be made only by a health care practitioner directly involved in the patient's care. Requires an insurer to pay for a service that is so determined if the service is covered by the plan. Mandates regulations to ensure against insurers offering monetary rewards, penalties, or inducements to a practitioner, or conditioning continued practitioner participation in the plan, on the basis of the practitioner's decisions to limit the availability of appropriate tests, services, or treatments. Imposes a civil monetary penalty for violations of this Act. Prohibits insurers from including provisions in a plan to hold itself harmless for liability. Prohibits States from establishing or enforcing standards weaker than those of this Act.","title":"Health Care Consumer Protection Act of 1995","text_len":5588,"sum_len":1036} {"bill_id":"109_s968","text":"SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF \n FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF \n DUTY.\n\n (a) Short Title.--This Act may be cited as the ``Federal Public \nSafety Officer Surviving Spouse Protection Act of 2005''.\n (b) Civil Service Retirement System.--Section 8341 of title 5, \nUnited States Code, is amended--\n (1) in subsection (b)(3)(B) by striking ``subsection (k)'' \n and inserting ``subsection (j)'';\n (2) in subsection (d) in clause (ii) of the last \n undesignated sentence by striking ``subsection (k)'' and \n inserting ``subsection (j)'';\n (3) in subsection (h)(3)(B)(i) by striking ``subsection \n (k)'' and inserting ``subsection (j)''; and\n (4) by striking subsection (k) and inserting the following:\n ``(j)(1) In this subsection, the term `Federal public safety \nofficer' means--\n ``(A) a law enforcement officer; or\n ``(B) an employee participating under this chapter who is--\n ``(i) a public safety officer as defined under \n section 1204 of the Omnibus Crime Control and Safe \n Streets Act of 1968 (42 U.S.C. 3796b); or\n ``(ii) an employee of the Department of the \n Treasury who is performing official duties of the \n Department in an area, if those official duties--\n ``(I) are related to a major disaster or \n emergency that has been, or is later, declared \n to exist with respect to the area under the \n Robert T. Stafford Disaster Relief and \n Emergency Assistance Act (42 U.S.C. 5121 et \n seq.); and\n ``(II) are determined by the Secretary of \n the Treasury to be hazardous duties.\n ``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the \nextent that they provide for termination of a survivor annuity because \nof a remarriage before the age of 55 years) shall not apply if--\n ``(A) the widow, widower, or former spouse was married for \n at least 30 years to the individual on whose service the \n survivor annuity is based; or\n ``(B) in the case of a widow or widower the individual on \n whose service the survivor annuity is based was a Federal \n public safety officer who was killed in the line of duty.\n ``(3) A remarriage described under paragraph (2) shall not be taken \ninto account for purposes of section 8339(j)(5) (B) or (C) or any other \nprovision of this chapter which the Office may by regulation identify \nin order to carry out the purposes of this subsection.''.\n (c) Federal Employees Retirement System.--Section 8442(d) of title \n5, United States Code, is amended by striking paragraph (3) and \ninserting the following:\n ``(3)(A) In this paragraph, the term `Federal public safety \n officer' means--\n ``(i) a law enforcement officer; or\n ``(ii) an employee participating under this chapter \n who is--\n ``(I) a public safety officer as defined \n under section 1204 of the Omnibus Crime Control \n and Safe Streets Act of 1968 (42 U.S.C. 3796b); \n or\n ``(II) an employee of the Department of the \n Treasury who is performing official duties of \n the Department in an area, if those official \n duties--\n ``(aa) are related to a major \n disaster or emergency that has been, or \n is later, declared to exist with \n respect to the area under the Robert T. \n Stafford Disaster Relief and Emergency \n Assistance Act (42 U.S.C. 5121 et \n seq.); and\n ``(bb) are determined by the \n Secretary of the Treasury to be \n hazardous duties.\n ``(B) Paragraph (1)(B) (relating to termination of a \n survivor annuity because of a remarriage before the age of 55 \n years) shall not apply if--\n ``(i) the widow or widower was married for at least \n 30 years to the individual on whose service the \n survivor annuity is based; or\n ``(ii) the individual on whose service the survivor \n annuity is based was a Federal public safety officer \n who was killed in the line of duty.''.\n (d) Effective Date.--The amendments made by this Act shall take \neffect on January 1, 1988, and apply only to remarriages which occur on \nor after that date.","summary":"Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity.","title":"A bill to amend chapters 83 and 84 of title 5, United States Code, to provide that spouses of Federal public safety officers who are killed in the line of duty, may remarry and continue to receive a survivor annuity, and for other purposes.","text_len":5090,"sum_len":418} {"bill_id":"104_s1131","text":"SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN \n CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS.\n\n (a) In General.--(1) Subchapter III of chapter 72 of title 38, \nUnited States Code, is amended by adding at the end the following:\n``Sec. 7287. Legal assistance for certain veterans in Court \n proceedings; use of funds for assistance\n ``(a)(1) The Court may, in accordance with this section, provide \nfunds (in advance or by way of reimbursement) to nonprofit \norganizations, under such terms and conditions consistent with this \nsection as the Court considers appropriate, in order to permit such \norganizations to provide financial assistance by grant or contract to \nsuch legal assistance entities as the organizations consider \nappropriate for purposes of permitting such entities to carry out \nprograms described in subsection (b).\n ``(2) Notwithstanding any other provision of law, if the Court \ndetermines that there exists no nonprofit organization that would be an \nappropriate recipient of funds under this section for the purposes \nreferred to in paragraph (1) and that it is consistent with the mission \nof the Court, the Court may provide financial assistance, by grant or \ncontract, directly to such legal assistance entities as the Court \nconsiders appropriate for purposes of permitting such entities to carry \nout programs described in subsection (b).\n ``(b)(1) A program referred to in subsection (a) is any program \nunder which a legal assistance entity utilizes financial assistance \nunder this section to provide assistance or carry out activities \n(including assistance, services, or activities referred to in paragraph \n(3)) in order to ensure that individuals described in paragraph (2) \nreceive, without charge, legal assistance in connection with decisions \nto which section 7252(a) of this title may apply or with other \nproceedings before the Court.\n ``(2) An individual referred to in paragraph (1) is any veteran or \nother person who--\n ``(A) is or seeks to be a party to an action before the \n Court; and\n ``(B) cannot, as determined by the Court or the entity \n concerned, afford the costs of legal advice and representation \n in connection with that action.\n ``(3) Assistance, services, and activities under a program \ndescribed in this subsection may include the following for individuals \ndescribed in paragraph (2) in connection with proceedings before the \nCourt:\n ``(A) Financial assistance to defray the expenses of legal \n advice or representation (other than payment of attorney fees) \n by attorneys, clinical law programs of law schools, and \n veterans service organizations.\n ``(B) Case screening and referral services for purposes of \n referring cases to pro bono attorneys and such programs and \n organizations.\n ``(C) Education and training of attorneys and other legal \n personnel who may appear before the Court by attorneys and such \n programs and organizations.\n ``(D) Encouragement and facilitation of the pro bono \n representation by attorneys and such programs and \n organizations.\n ``(4) A legal assistance entity that receives financial assistance \ndescribed in subsection (a) to carry out a program under this \nsubsection shall make such contributions (including in-kind \ncontributions) to the program as the nonprofit organization or the \nCourt, as the case may be, shall specify when providing the assistance.\n ``(5) A legal assistance entity that receives financial assistance \nunder subsection (a) to carry out a program described in this \nsubsection may not require or request the payment of a charge or fee in \nconnection with the program by or on behalf of any individual described \nin paragraph (2).\n ``(c)(1) The Court may, out of the funds appropriated to the Court \nfor such purpose, provide funds to a nonprofit organization described \nin subsection (a)(1), in advance or by way of reimbursement, to cover \nsome or all of the administrative costs of the organization in \nproviding financial assistance to legal assistance entities carrying \nout programs described in subsection (b).\n ``(2) Funds shall be provided under this subsection pursuant to a \nwritten agreement entered into by the Court and the nonprofit \norganization receiving the funds.\n ``(d) Notwithstanding any other provision of law, a nonprofit \norganization may--\n ``(1) accept funds, in advance or by way of reimbursement, \n from the Court under subsection (a)(1) in order to provide the \n financial assistance referred to in that subsection;\n ``(2) provide financial assistance by grant or contract to \n legal assistance entities under this section for purposes of \n permitting such entities to carry out programs described in \n subsection (b);\n ``(3) administer any such grant or contract; and\n ``(4) accept funds, in advance or by way of reimbursement, \n from the Court under subsection (c) in order to cover the \n administrative costs referred to in that subsection.\n ``(e)(1) Not later than February 1 each year, the Court shall \nsubmit to Congress a report on the funds and financial assistance \nprovided under this section during the preceding fiscal year. Based on \nthe data provided the Court by entities receiving such funds and \nassistance, each report shall--\n ``(A) set forth the amount, if any, of funds provided to \n nonprofit organizations under paragraph (1) of subsection (a) \n during the fiscal year covered by the report;\n ``(B) set forth the amount, if any, of financial assistance \n provided to legal assistance entities pursuant to paragraph (1) \n of subsection (a) or under paragraph (2) of that subsection \n during that fiscal year;\n ``(C) set forth the amount, if any, of funds provided to \n nonprofit organizations under subsection (c) during that fiscal \n year; and\n ``(D) describe the programs carried out under this section \n during that fiscal year.\n ``(2) The Court may require that the nonprofit organization and \nlegal assistance entities to which funds or financial assistance are \nprovided under this section provide the Court with such data on the \nprograms carried out under this section as the Court determines \nnecessary to prepare a report under this subsection.\n ``(g) For the purposes of this section:\n ``(1) The term `legal assistance entity' means a not-for-\n profit organization or veterans service organization capable of \n providing legal assistance to persons with respect to matters \n before the Court.\n ``(2) The term `Legal Services Corporation' means the \n corporation established under section 1003(a) of the Legal \n Services Corporation Act (42 U.S.C. 2996b(a)).\n ``(3) The term `nonprofit organization' means the Legal \n Services Corporation or any other similar not-for-profit \n organization that is involved with the provision of legal \n assistance to persons unable to afford such assistance.\n ``(4) The term `veterans service organization' means an \n organization referred to in section 5902(a)(1) of this title, \n including an organization approved by the Secretary under that \n section.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 7286 the \nfollowing new item:\n\n``7287. Legal assistance for financially needy veterans in Court \n proceedings; use of funds for \n assistance.''.","summary":"Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act. Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act.","title":"A bill to amend title 38, United States Code, to authorize the provision of financial assistance in order to ensure that financially needy veterans receive legal assistance in connection with proceedings before the United States Court of Veterans Appeals.","text_len":7862,"sum_len":762} {"bill_id":"114_s2888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Janey Ensminger Act of 2016''.\n\nSEC. 2. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO VETERANS \n STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, AND THEIR \n FAMILY MEMBERS.\n\n (a) Review and Publication of Illness or Condition.--Part P of \ntitle III of the Public Health Service Act (42 U.S.C. 280g et seq.) is \namended by adding at the end the following:\n\n``SEC. 399V-6. REVIEW AND PUBLICATION OF ILLNESSES AND CONDITIONS.\n\n ``(a) In General.--Consistent with section 104(i) of the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980, not later than 1 year after the date of enactment of this \nsection, and not less frequently than once every 3 years thereafter, \nthe Secretary, acting through the Administrator of the Agency for Toxic \nSubstances and Disease Registry, shall--\n ``(1)(A) review the scientific literature relevant to the \n relationship between the employment or residence of individuals \n at Camp Lejeune, North Carolina, for not fewer than 30 days \n during the period beginning on August 1, 1953, and ending on \n December 21, 1987, and specific illnesses or conditions \n incurred by those individuals;\n ``(B) determine each illness or condition for which there \n is evidence that exposure to a toxic substance at Camp Lejeune, \n North Carolina, during the period specified in subparagraph (A) \n may be a cause of the illness or condition; and\n ``(C) with respect to each illness or condition for which a \n determination has been made under subparagraph (B), categorize \n the evidence of the connection of the illness or condition to \n exposure described in that subparagraph as--\n ``(i) sufficient to conclude with reasonable \n confidence that the exposure is a cause of the illness \n or condition;\n ``(ii) modest supporting causation, but not \n sufficient to conclude with reasonable confidence that \n exposure is a cause of the illness or condition; or\n ``(iii) no more than limited supporting causation;\n ``(2) publish in the Federal Register and on the Internet \n website of the Department of Health and Human Services--\n ``(A) a list of each illness or condition for which \n a determination has been made under paragraph (1)(B), \n including the categorization of the evidence of causal \n connection relating to the illness or condition under \n paragraph (1)(C); and\n ``(B) the bibliographic citations for all \n literature reviewed under paragraph (1) for each \n illness or condition listed under such paragraph; and\n ``(3) update the list under paragraph (2), as applicable, \n to add an illness or condition for which a determination has \n been made under paragraph (1)(B), including the categorization \n of the evidence of causal connection relating to the illness or \n condition under paragraph (1)(C), since such list was last \n updated consistent with the requirements of this subsection.''.\n (b) Eligibility for Health Care From Department of Veterans \nAffairs.--\n (1) In general.--Section 1710(e)(1)(F) of title 38, United \n States Code, is amended--\n (A) by redesignating clauses (i) through (xv) as \n subclauses (I) through (XV), respectively;\n (B) by striking ``(F) Subject to'' and inserting \n ``(F)(i) Subject to'';\n (C) by striking ``any of the following'' and \n inserting ``any of the illnesses or conditions for \n which the evidence of connection of the illness or \n condition to exposure to a toxic substance at Camp \n Lejeune, North Carolina, during such period is \n categorized as sufficient or modest in the most recent \n list published under section 399V-6(a)(2) of the Public \n Health Service Act, which may include any of the \n following''; and\n (D) by adding at the end the following new clause:\n ``(ii) For the purposes of ensuring continuation of care, any \nveteran who has been furnished hospital care or medical services under \nthis subparagraph for an illness or condition shall remain eligible for \nhospital care or medical services for such illness or condition \nnotwithstanding that the evidence of connection of such illness or \ncondition to exposure to a toxic substance at Camp Lejeune, North \nCarolina, during the period described in clause (i) is not categorized \nas sufficient or modest in the most recent list published under section \n399V-6(a)(2) of the Public Health Service Act.''.\n (2) Family members.--Section 1787 of such title is amended \n by adding at the end the following new subsection:\n ``(c) Continuation of Care.--For the purposes of ensuring \ncontinuation of care, any individual who has been furnished hospital \ncare or medical services under this section for an illness or condition \nshall remain eligible for hospital care or medical services for such \nillness or condition notwithstanding that the illness or condition is \nno longer described in section 1710(e)(1)(F) of this title.''.\n (3) Transfer of amounts for program.--Notwithstanding any \n other provision of law, for each of fiscal years 2017 and 2018, \n the Secretary of Veterans Affairs shall transfer $2,000,000 \n from amounts made available to the Department of Veterans \n Affairs for medical support and compliance to the Chief \n Business Office and Financial Services Center of the Department \n to be used to continue building and enhancing the claims \n processing system, eligibility system, and web portal for the \n Camp Lejeune Family Member Program of the Department.","summary":"Janey Ensminger Act of 2016 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry, at least every three years, to: review the scientific literature relevant to the relationship between the employment or residence of individuals at Camp Lejeune, North Carolina, for at least 30 days during the period of August 1, 1953, to December 21, 1987, and specific illnesses or conditions incurred by those individuals and determine whether and to what extent the evidence shows that toxic substance exposure is a cause of an illness or condition. And publish and update a list of each illness and the categorization of evidence for which a determination of cause has been made. A veteran who served on active duty at Camp Lejeune for at least 30 days during such period is eligible for hospital care and medical services for any of the illnesses or conditions for which the evidentiary connection between toxic exposure and the illness or condition is categorized in such list as sufficient or modest. Such a veteran who has been furnished hospital care or medical services shall remain eligible for such care or services for such illness or condition even if the evidentiary connection is not categorized as sufficient or modest. A family member of such veteran who has been furnished hospital care or medical services shall remain eligible for hospital care or medical services for such illness or condition. The Department of Veterans Affairs shall transfer for each of FY2017 and FY2018 specified finds to enhance the claims processing system, eligibility system, and web portal for the Camp Lejeune Family Member Program.","title":"Janey Ensminger Act of 2016","text_len":6186,"sum_len":1672} {"bill_id":"104_s1203","text":"SECTION 1. SHORT TITLE AND PURPOSES.\n\n (a) Short Title.--This Act may be cited as the ``Character \nDevelopment Act''.\n (b) Purposes.--The purposes of this Act are--\n (1) to reduce the school dropout rate for at-risk youth;\n (2) to improve the academic performance of at-risk youth; \n and\n (3) to reduce juvenile delinquency and gang participation.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``at-risk youth'' means a youth at risk of--\n (A) educational failure;\n (B) dropping out of school; or\n (C) involvement in delinquent activities;\n (2) the term ``eligible local educational agency'' means a \n local educational agency that has entered into a partnership, \n with a community-based organization that provides one-to-one \n mentoring services, to carry out the authorized activities \n described in section 5 in accordance with this Act;\n (3) the terms ``elementary school'', ``local educational \n agency'', and ``secondary school'', have the meanings given \n such terms in section 14101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 8801);\n (4) the term ``mentor'' means a person who works with an \n at-risk youth on a one-to-one basis, to establish a supportive \n relationship with the youth and to provide the youth with \n academic assistance and exposure to new experiences that \n enhance the youth's ability to become a better student and a \n responsible citizen; and\n (5) the term ``Secretary'' means the Secretary of \n Education.\n\nSEC. 3. MENTORING PROGRAMS.\n\n (a) Grant Authority.--The Secretary is authorized to award grants \nto eligible local educational agencies to enable such agencies to \nestablish mentoring programs that--\n (1) are designed to link--\n (A) individual at-risk youth; with\n (B) responsible, individual adults who serve as \n mentors; and\n (2) are intended to--\n (A) increase at-risk youth participation in, and \n enhance the ability of such youth to benefit from, \n elementary and secondary education;\n (B) discourage at-risk youth from--\n (i) using illegal drugs;\n (ii) violence;\n (iii) using dangerous weapons;\n (iv) criminal activity not described in \n clauses (i), (ii), and (iii); and\n (v) involvement in gangs;\n (C) promote personal and social responsibility \n among at-risk youth;\n (D) encourage at-risk youth participation in \n community service and community activities; or\n (E) provide general guidance to at-risk youth.\n (b) Amount and Duration.--Each grant under this section shall be \nawarded in an amount not to exceed a total of $200,000 over a period of \nnot more than three years.\n (c) Priority.--The Secretary shall give priority to awarding a \ngrant under this section to an application submitted under section 7 \nthat--\n (1) describes a mentoring program in which 60 percent or \n more of the at-risk youth to be served are eligible for \n assistance under part A of title I of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);\n (2) describes a mentoring program that serves at-risk youth \n who are--\n (A) at risk of dropping out of school; or\n (B) involved in delinquent activities; and\n (3) demonstrates the ability of the eligible local \n educational agency to continue the mentoring program after the \n termination of the Federal funds provided under this section.\n (d) Other Considerations.--In awarding grants under this section, \nthe Secretary shall give consideration to--\n (1) providing an equitable geographic distribution of such \n grants, including awarding such grants for mentoring programs \n in both rural and urban areas;\n (2) the quality of the mentoring program described in the \n application submitted under section 7, including--\n (A) the resources, if any, that will be dedicated \n to providing participating at-risk youth with \n opportunities for job training or postsecondary \n education; and\n (B) the degree to which parents, teachers, \n community-based organizations, and the local community \n participate in the design and implementation of the \n mentoring program; and\n (3) the capability of the eligible local educational agency \n to effectively implement the mentoring program.\n\nSEC. 4. IMPLEMENTATION AND EVALUATION GRANTS.\n\n The Secretary is authorized to award grants to national \norganizations or agencies serving youth to enable such organizations or \nagencies--\n (1) to conduct a multisite demonstration project, involving \n 5 to 10 project sites, that--\n (A) provides an opportunity to compare various one-\n to-one mentoring models for the purpose of evaluating \n the effectiveness and efficiency of such models;\n (B) allows for innovative programs designed under \n the oversight of a national organization or agency \n serving youth, which programs may include--\n (i) technical assistance;\n (ii) training; and\n (iii) research and evaluation; and\n (C) disseminates the results of such demonstration \n project to allow for the determination of the best \n practices for various mentoring programs;\n (2) to develop and evaluate screening standards for school-\n linked mentoring programs; and\n (3) to develop and evaluate volunteer recruitment \n activities for school-linked mentoring programs.\n\nSEC. 5. AUTHORIZED ACTIVITIES.\n\n (a) Permitted Uses.--Grant funds awarded under this Act (other than \ngrant funds awarded under section 4) shall be used for--\n (1) hiring of mentoring coordinators and support staff;\n (2) recruitment, screening and training of adult mentors;\n (3) reimbursement of mentors for reasonable incidental \n expenditures, such as transportation, that are directly \n associated with mentoring, except that such expenditures shall \n not exceed $500 per mentor per calendar year; or\n (4) such other purposes as the Secretary determines may be \n reasonable.\n (b) Prohibited Uses.--Grant funds awarded under this Act shall not \nbe used--\n (1) to directly compensate a mentor, except as provided \n under subsection (a)(3);\n (2) to obtain educational or other materials or equipment \n that would otherwise be used in the ordinary course of the \n grant recipient's operations;\n (3) to support litigation; or\n (4) for any other purposes that the Secretary determines \n are prohibited.\nSEC. 6. REGULATIONS AND GUIDELINES.\n\n (a) Regulations.--The Secretary, after consultation with the \nSecretary of Health and Human Services, the Attorney General, and the \nSecretary of Labor, shall provide for the promulgation of regulations \nto implement this Act.\n (b) Guidelines.--The Secretary shall develop and distribute to \neligible local educational agencies receiving a grant under section 3 \nspecific model guidelines for the screening of mentors.\n\nSEC. 7. APPLICATIONS.\n\n (a) In General.--Each entity desiring a grant under this Act shall \nsubmit an application to the Secretary at such time, in such manner, \nand accompanied by such information as the Secretary may reasonably \nrequire.\n (b) Mentoring Programs.--Each application submitted under \nsubsection (a) for a grant under section 3 shall contain--\n (1) information on the at-risk youth expected to be served;\n (2) a provision describing the mechanism for matching at-\n risk youth with mentors based on the needs of the at-risk \n youth;\n (3) an assurance that no mentor will be assigned to more \n than one at-risk youth, so as to ensure a one-to-one mentoring \n relationship;\n (4) an assurance that a mentoring program operated in a \n secondary school will provide at-risk youth with a variety of \n experiences and support, including--\n (A) an opportunity to spend time in a work \n environment and, when possible, participate in the work \n environment;\n (B) an opportunity to witness the job skills that \n will be required for the at-risk youth to obtain \n employment upon graduation;\n (C) assistance with homework assignments; and\n (D) exposure to experiences that the at-risk youth \n might not otherwise encounter;\n (5) an assurance that the mentoring program operated in \n elementary schools will provide at-risk youth with--\n (A) academic assistance;\n (B) exposure to new experiences and activities that \n at-risk youth might not encounter on their own; and\n (C) emotional support;\n (6) an assurance that the mentoring program will be \n monitored to ensure that each at-risk youth participating in \n the mentoring program benefits from a mentor relationship, \n including providing a new mentor assignment if the original \n mentoring relationship is not beneficial to the at-risk youth;\n (7) the methods by which mentors and at-risk youth will be \n recruited to the mentoring program;\n (8) the method by which prospective mentors will be \n screened; and\n (9) the training that will be provided to mentors.\n\nSEC. 8. EVALUATION.\n\n (a) Evaluation.--The Comptroller General of the United States shall \nenter into a contract, with an evaluating organization that has \ndemonstrated experience in conducting evaluations, for the conduct of \nan ongoing rigorous evaluation of the programs and activities assisted \nunder this Act.\n (b) Evaluation Criteria.--The Comptroller General of the United \nStates, in consultation with the Secretary, shall establish minimum \ncriteria for evaluating the programs and activities assisted under this \nAct. Such criteria shall provide for a description of the \nimplementation of each program or activity assisted under this Act and \nsuch program or activity's effect on all participants, schools, \ncommunities, and youth served by such program or activity.\n\nSEC. 9. REPORTS.\n\n (a) Report by Grant Recipients.--Each entity receiving a grant \nunder this Act shall submit to the evaluating organization entering \ninto the contract under section 8(a)(1) an annual report regarding any \nprogram or activity assisted under this Act. Each such report shall be \nsubmitted at such a time, in such a manner, and accompanied by such \ninformation, as such evaluating organization may require.\n (b) Reports by Comptroller General.--The Comptroller General shall \nsubmit to Congress not later than September 30, 1999, a report \nregarding the success and effectiveness of grants awarded under this \nAct in reducing the school dropout rate, improving academic performance \nof at-risk youth, and reducing juvenile delinquency and gang \nparticipation.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Mentoring Programs.--There is authorized to be appropriated \n$35,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and \n2000 to carry out section 3.\n (b) Implementation and Evaluation Grants.--There is authorized to \nbe appropriated $5,000,000 for each of the fiscal years 1996, 1997, \n1998, 1999, and 2000 to carry out section 4.","summary":"Character Development Act - Authorizes the Secretary of Education to award: (1) mentor program grants to eligible local educational agencies to establish mentoring programs designed to link individual at-risk youth with responsible, individual adults who serve as mentors. And (2) implementation and evaluation grants to national organizations or agencies serving youth to conduct a multisite demonstration project, involving five to ten project sites, develop and evaluate screening standards for school-linked mentoring programs, and develop and evaluate volunteer recruitment activities for school-linked mentoring programs. Sets forth permitted and prohibited uses of grant funds awarded under this Act. Directs the Secretary to develop and distribute to eligible local educational agencies receiving a mentor program grant specific model guidelines for the screening of mentors. Sets forth requirements for grant applications, program evaluations and reports by the Comptroller General, and reports by grant recipients. Authorizes appropriations for Mentoring Program Grants and Implementation and Evaluation Grants.","title":"Character Development Act","text_len":12406,"sum_len":1121} {"bill_id":"103_s1981","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Orphan Drug Act \nAmendments of 1994 ''.\n (b) Reference.--Whenever in this Act (other than sections 5 and 6) \nan amendment or repeal is expressed in terms of an amendment to, or \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.).\n\nSEC. 2. PERIOD OF EXCLUSIVITY.\n\n (a) Initial Period.--Subsection (a) of section 527 (21 U.S.C. \n360cc) is amended--\n (1) by inserting ``(1)'' after ``(a)'';\n (2) by redesignating paragraphs (1), (2), and (3) as \n subparagraphs (A), (B), and (C), respectively;\n (3) by striking ``seven years'' and inserting ``4 years''; \n and\n (4) by striking ``505(c)(2)'' and inserting \n ``505(c)(1)(B)''.\n (b) Additional Period.--Subsection (a) of section 527 (21 U.S.C. \n360cc) (as amended by subsection (a)) is amended by adding at the end \nthe following new paragraphs:\n ``(2) The holder of the approved application, certification, or \nlicense of a drug to which the 4-year period of exclusivity applies \nunder paragraph (1) may, after the expiration of 3\\1\/2\\ years of such \nperiod but not later than 90 days before the expiration of such period, \napply to the Secretary for a 3-year extension of such period. Such an \napplication shall contain such information as the Secretary determines \nis necessary to evaluate such application.\n ``(3) The Secretary shall approve an application submitted under \nparagraph (2) if the applicant--\n ``(A) demonstrates that the drug has a limited commercial \n potential as determined under regulations of the Secretary, \n taking into account sales information respecting such drug and \n any other factor identified by the Secretary in such \n regulations that is relevant to the commercial potential of \n such drug, and\n ``(B) makes such demonstration on the basis of the \n regulations of the Secretary referred to in subparagraph (A) \n that were in effect--\n ``(i) on the date--\n ``(I) such drug received its designation \n under section 526(a), or\n ``(II) such applicant applied for an \n exemption for such drug under section 505(i) or \n 507(d),\n whichever first occurs, or\n ``(ii) if the date under clause (i) occurred before \n the date such regulations were in effect, on the date \n such regulations were in effect.''.\n (c) Conforming Amendment.--Section 527(b) (21 U.S.C. 360cc(b)) is \namended--\n (1) by striking ``during the seven-year period beginning on \n the date of the application approval'' and inserting ``during \n the applicable period of exclusivity under subsection (a)''; \n and\n (2) by striking ``such seven year period'' and inserting \n ``the applicable period of exclusivity under subsection (a)''.\n (d) Effective Date.--The amendments made by subsections (a) and (b) \nshall not apply to a drug--\n (1) for which an application under section 505 or 507 of \n the Federal Food, Drug, and Cosmetic Act or section 351 of the \n Public Health Service Act was submitted before March 1, 1994; \n or\n (2) for which an exemption under section 505(i) or 507(d) \n of the Federal Food, Drug, and Cosmetic Act was in effect \n before March 1, 1994, for which human clinical trials were \n actively being conducted before such date, and for which an \n application for designation under section 526 of such Act was \n submitted before the date of enactment of the Orphan Drug Act \n Amendments of 1994.\nThe 7 year period of exclusivity provided by section 527(a) of the \nFederal Food, Drug, and Cosmetic Act before the date of the enactment \nof this Act shall, after such date, apply to a drug described in \nparagraph (1) or (2).\n (e) Regulations.--The Secretary shall issue final regulations to \nimplement paragraphs (2) and (3) of section 527(a) of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 360cc) (as amended by subsection (b)) \nnot later than 6 months after the date of the enactment of this Act.\n\nSEC. 3. DESIGNATIONS.\n\n (a) In General.--Section 526(a)(2) (21 U.S.C. 360bb(a)(2)) is \namended to read as follows:\n ``(2) For purposes of paragraph (1), the term `rare disease or \ncondition' means any disease or condition that--\n ``(A) affects fewer than 200,000 persons in the United \n States determined on the basis of--\n ``(i) the facts and circumstances as of the date \n the request for designation of the drug under this \n subsection is made, and\n ``(ii) projections as to the number of persons who \n will be affected by the disease or condition on a date \n which is 3 years from date such request was made, or\n ``(B) affects more than 200,000 persons in the United \n States and for which there is no reasonable expectation that \n the cost of developing and making available in the United \n States a drug for such disease or condition will be recovered \n from sales in the United States of such drug.''.\n (b) Exclusivity.--Section 527(b) (21 U.S.C. 360cc(b)) is amended--\n (1) in paragraph (1), by striking ``or'' at the end of such \n paragraph;\n (2) by striking the period at the end of paragraph (2) and \n inserting ``; or'', and\n (3) by adding at the end the following new paragraph:\n ``(3) a drug has been designated under section 526 for a \n rare disease or condition described in section 526(a)(2)(A) and \n if after such designation it is determined that--\n ``(A) such disease or condition affects more than \n 200,000 persons in the United States; and\n ``(B) such drug does not meet the requirement of \n section 526(a)(2)(B).''.\n\nSEC. 4. SIMULTANEOUS DEVELOPMENT.\n\n (a) In General.--Section 527(b) (21 U.S.C. 360cc(b)), as amended by \nsection 3(b), is amended by--\n (1) inserting ``(1)'' after ``(b)'';\n (2) by redesignating paragraphs (1), (2), and (3) as \n subparagraphs (A), (B), and (C), respectively;\n (3) by striking ``for a person who is not'' and inserting \n ``for an applicant who is not''; and\n (4) by adding at the end the following new subparagraphs:\n ``(D) the Secretary finds, after providing the holder, such \n applicant, and any other interested person an opportunity to \n present their views, that the drugs of the holder and such \n applicant were developed simultaneously.\nThe Secretary shall make a decision on a request for a finding under \nsubparagraph (D) not later than 60 days after the filing of the \nrequest.\n ``(2) For purposes of paragraph (1)(D), drugs of a holder and an \napplicant shall be considered to be developed simultaneously only if--\n ``(A) the applicant requested that its drug be designated \n under section 526 not later than 6 months after publication of \n the designation under section 526(c) of the holder's drug;\n ``(B) the applicant initiated the human clinical trials \n that the applicant relied on in its application for such \n approval, certification, or license not more than 12 months \n after the date the holder initiated the human clinical trials \n that the holder relied on in its application for such approval, \n certification, or license; and\n ``(C) the applicant submitted such application, including \n the reports of the clinical and animal studies necessary for \n approval, certification, or licensing, not more than 12 months \n after the holder submitted its application, including such \n reports, for such action.\n ``(3) Paragraph (1)(D) does not apply to a drug--\n ``(A) for which an application under section 505 or 507 or \n section 351 of the Public Health Service Act was submitted \n before March 1, 1994; or\n ``(B) for which an exemption under section 505(i) or 507(d) \n was in effect before March 1, 1994, for which human clinical \n trials were actively being conducted before such date, and for \n which an application for designation under section 526 was \n submitted before the date of enactment of the Orphan Drug Act \n Amendments of 1994.''.\n (b) Publication.--Section 526(c) (21 U.S.C. 360bb(c)) is amended--\n (1) by inserting ``for a rare disease or condition'' after \n ``(a)''; and\n (2) by striking ``shall be made available to the public'' \n and inserting ``shall be promptly published in the Federal \n Register and otherwise made available to the public in a manner \n designed to notify persons who have such disease or \n condition''.\n\nSEC. 5. OFFICE FOR ORPHAN DISEASES AND CONDITIONS.\n\n Section 227 of the Public Health Service Act (42 U.S.C. 236) is \namended--\n (1) in subsection (a), to read as follows:\n ``(a) There is established in the Department of Health and Human \nServices an Office for Orphan Diseases and Conditions. Such Office \nshall be established at a level within the Department with sufficient \nauthority to assure full implementation of the functions and \nresponsibilities established by this section.'';\n (2) by striking ``Board'' each place the term appears and \n inserting ``Office'';\n (3) in subsection (b), by striking ``drugs and devices'' \n and inserting ``drugs, devices, and medical foods'';\n (4) in subsection (c)(1)(A), by inserting ``of chapter V'' \n after ``subchapter B'';\n (5) by adding at the end the following new subsection:\n ``(f)(1) There is established in the Office an advisory committee \nto advise the Office in carrying out the functions of the Office under \nthis section.\n ``(2) The advisory committee shall be comprised of 11 members \nappointed by the Secretary, in consultation with the Office and the \nCommissioner of the Food and Drug Administration, from persons \nknowledgeable about rare diseases and conditions, including--\n ``(A) 5 representatives of organizations of persons with \n rare diseases or conditions;\n ``(B) 3 research scientists; and\n ``(C) 3 representatives of health-related companies.\n ``(3) The Secretary shall also appoint, as liaisons to the advisory \ncommittee, individuals from the Food and Drug Administration, the \nNational Institutes of Health, and other appropriate Federal agencies.\n ``(4) Vacancies occurring in the membership of the advisory \ncommittee shall be filled in the same manner as the original \nappointment for the position being vacated. Vacancies shall not affect \nthe power of the remaining members to execute the duties of the \nadvisory committee.\n ``(5) Members of the advisory committee, and liaisons to the \nadvisory committee, shall not be compensated, but shall receive travel \nexpenses, including per diem in lieu of subsistence, at rates \nauthorized for employees of agencies under subchapter 1 of chapter 57 \nof title 5, United States Code, for each day the member or liaison is \nengaged in the performance of duties away from the home or regular \nplace of business of the member or liaison.\n ``(6) Notwithstanding section 1342 of title 31, United States Code, \nthe advisory committee may accept the voluntary services provided by a \nmember of the advisory committee or a liaison to the advisory \ncommittee.''; and\n (6) by amending the section heading to read as follows:\n\n ``office for orphan diseases and conditions''.\n\nSEC. 6. AUTHORIZATION FOR ORPHAN DRUG ACT.\n\n Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended \nby striking ``$10,000,000'' and all that follows and inserting \n``$20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, \nand $30,000,000 for fiscal year 1997.''.","summary":"Orphan Drug Act Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to change from seven to four years the period of market exclusivity guaranteed to any approved orphan drug. Specifies that orphan drugs of limited commercial potential, as defined by regulations to be issued by the Department of Health and Human Services, would qualify for an additional three years of exclusive marketing rights. Permits more than one company to put a particular orphan drug on the market in instances where both companies were working on the drug in roughly the same time frame. Provides for the withdrawal of exclusive marketing rights if the patient population for the approved treatment exceeds 200,000. Extends the authorization of the research grant program. Replaces the existing Orphan Products Board with an Office for Orphan Diseases and Conditions.","title":"Orphan Drug Act Amendments of 1994","text_len":12504,"sum_len":862} {"bill_id":"111_s264","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``E-Centives Act of 2009''.\n\nSEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH \n INFORMATION TECHNOLOGY.\n\n Section 1903 of the Social Security Act (42 U.S.C. 1396b) is \namended--\n (1) in subsection (a)(3)(E), by inserting ``(other than \n costs attributable to programs described in subsection (bb))'' \n after ``costs incurred during such quarter''; and\n (2) by adding at the end the following new subsections:\n ``(aa) Enhanced Payments for Certified Health Information \nTechnology Incentives.--\n ``(1) In general.--The Secretary shall provide for payments \n to each State that provides incentive payments to physicians, \n hospitals, community health centers, rural health clinics, and \n community mental health centers that exhibit meaningful use of \n health information technology certified under this subsection, \n as determined by the measures for meaningful use of health \n information technology under paragraph (5). No payment may be \n made to a State for incentive payments made by a State for \n meaningful use of health information technology that occurs \n before January 1, 2010.\n ``(2) Application.--To qualify for payments under paragraph \n (1), a State shall submit an application in a time and manner \n specified by the Secretary and containing the following:\n ``(A) A description of the incentive payments.\n ``(B) A description of the method the State will \n use to allocate such incentive payments among \n physicians, hospitals, community health centers, rural \n health clinics, and community mental health centers, \n including how the State will prioritize payments to \n providers serving a high percentage of Medicaid, SCHIP, \n and uninsured patients.\n ``(C) A time line for implementing such payment \n incentives.\n ``(D) A plan for disseminating information to \n physicians, hospitals, community health centers, rural \n health clinics, and community mental health centers \n about the availability of such payment incentives.\n ``(E) An assessment of the current level of use of \n health information technology by physicians, hospitals, \n community health centers, rural health clinics, and \n community mental health centers in the State, using a \n standard assessment form developed by the Secretary.\n ``(F) Any other information required by the \n Secretary.\n ``(3) Amount of payments to states.--\n ``(A) In general.--Subject to subparagraph (B), the \n payment made to a State under this subsection for a \n quarter, with respect to sums expended by such State \n during such quarter that are attributable to providing \n incentive payments under paragraph (1), shall be in an \n amount equal to the following:\n ``(i) For any quarter in 2010, the enhanced \n FMAP (as defined in section 2105(b)) of such \n sums.\n ``(ii) For any quarter in 2011 or 2012, \n such sums multiplied by a percentage equal to \n such enhanced FMAP minus 1.5 percentage points.\n ``(iii) For any quarter in 2013 or 2014, \n such sums multiplied by a percentage equal to \n such enhanced FMAP minus 3 percentage points.\n ``(iv) For any quarter beginning after \n 2014, 0.\n ``(B) Limitation.--\n ``(i) Fiscal year limitation.--The total \n amount of payments made under this subsection \n shall not exceed $500,000,000 for any fiscal \n year.\n ``(ii) Allocation.--If the amounts \n otherwise payable under this subsection for a \n fiscal year exceed the amount specified in \n clause (i), the Secretary shall reduce the \n amounts payable under this subsection, in a \n manner specified by the Secretary, to comply \n with the limitation under such clause.\n ``(iii) Duplicative payments prohibited.--\n No payment shall be made under any other \n provision of this title for expenditures for \n which payment is made under this subsection.\n ``(C) Manner of payment.--Payment to a State under \n this subsection shall be made in the same manner as \n payments under subsection (a).\n ``(4) Certification requirements for health information \n technology.--\n ``(A) In general.--The Secretary, in consultation \n with the Office of the National Coordinator for Health \n Information Technology and the Certification Commission \n of Health Information Technology, shall determine the \n requirements for certification of health information \n technology under this subsection.\n ``(B) Interim certification requirements.--During \n any period in which the Secretary has not determined \n such certification requirements, the Secretary, for \n purposes of this subsection, shall use the \n certification requirements for health information \n technology established by the Certification Commission \n for Health Information Technology.\n ``(5) Measures for meaningful use of health information \n technology.--\n ``(A) In general.--For purposes of this subsection, \n the Secretary shall publish standard measures of \n meaningful use of health information technology to be \n used by providers to demonstrate meaningful use of \n certified health information technology. Such measures \n may include--\n ``(i) self-certification of operational use \n of such technology;\n ``(ii) the submission of (or ability to \n submit), in a form and manner specified by the \n Secretary, such information on clinical \n measures and data (that do not include \n individually identifiable health information) \n from such technology as indicates a meaningful \n utilization of such technology; and\n ``(iii) such other means as the Secretary \n may specify.\n ``(B) Alternative measures.--The Secretary may \n establish and apply different measures based on the \n stage of implementation or adoption of the certified \n health information technology involved.\n ``(bb) Payments for Electronic Information and Eligibility Systems \nand Patient Registries.--\n ``(1) In general.--In addition to the payments provided \n under subsection (a), the Secretary shall provide for payments \n to each State that establishes a program to--\n ``(A) design, develop, install, maintain, and \n operate--\n ``(i) electronic information and \n eligibility systems; and\n ``(ii) patient registries for the purpose \n of disease screening;\n ``(B) coordinate benefits and services under this \n title and under title XVIII for individuals under the \n State plan who are full-benefit dual eligible \n individuals.\n ``(C) train providers in the use of such systems \n and registries.\n ``(2) Application.--To qualify for payments under paragraph \n (1), a State shall submit an application in such time and \n manner as required by the Secretary and containing such \n information as the Secretary specifies and include, at a \n minimum, a description of the electronic information and \n eligibility systems and patient registries covered by the \n program described in paragraph (1).\n ``(3) Amount of payments to states.--\n ``(A) In general.--The payments made a State under \n this subsection shall be an amount equal to--\n ``(i) 90 percent of so much of the sums \n expended by such State during any quarter \n commencing on or after January 1, 2010, as are \n attributable to--\n ``(I) the design, development, or \n installation of electronic information \n and eligibility systems and patient \n registries under paragraph (1); and\n ``(II) training staff employed by \n providers on the use of such system or \n registry during the three-year period \n beginning on the date such system or \n registry is installed; and\n ``(ii) 75 percent of so much of the sums \n expended by such State during any quarter \n commencing on or after January 1, 2010, as are \n attributable to--\n ``(I) the maintenance of such \n systems and registries; and\n ``(II) training for staff employed \n by providers on the use of a system or \n registry that occurs after the last day \n of the end of the period described in \n clause (i)(II).\n ``(B) Manner of payment.--Payment to a State under \n this subsection shall be made in the same manner as \n payments under subsection (a).\n ``(4) Electronic information and eligibility system \n defined.--For purposes of this subsection, the term `electronic \n information and eligibility system' means a system for \n determining eligibility and exchanging information that meets \n such requirements as the Secretary shall specify. Such \n requirements for a system shall include a requirement that the \n system--\n ``(A) be interconnected and interoperable with \n other electronic systems and registries, including--\n ``(i) systems administered by the Centers \n for Disease Control for disease reporting \n purposes;\n ``(ii) systems that exist for the purpose \n of determining eligibility for the Medicare \n program under title XVIII; and\n ``(iii) systems that exist for the purpose \n of determining eligibility for the Temporary \n Assistance for Needy Families program under \n title IV, free and reduced price lunches under \n the Richard B. Russell National School Lunch \n Act (42 U.S.C. 1751 et seq.), or other \n federally funded programs targeted to low-\n income populations; and\n ``(B) can be used to automatically send, receive, \n and integrate data (including laboratory results and \n medical histories) from systems and registries \n administered by other providers or organizations or \n through a health information exchange.''.\n\nSEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT.\n\n (a) In General.--Not later than June 30, 2009, the Secretary of \nHealth and Human Services shall submit to Congress a report on Medicaid \ntransformation payments under section 1903(z) of the Social Security \nAct (42 U.S.C. 1396b(z)).\n (b) Contents.--The report under subsection (a) shall include--\n (1) a description--\n (A) of the financial costs and benefits of the \n Medicaid transformation payments;\n (B) of the entities to which such costs and \n benefits accrue; and\n (C) of any reduction in duplicative or unnecessary \n care resulting from methods adopted by States and \n funded by such payments; and\n (2) an analysis of the information contained in the reports \n submitted to the Secretary by States under section \n 1903(z)(3)(C) of the Social Security Act during the two-year \n period ending on December 31, 2008, including--\n (A) the impact of the methods funded by the \n payments on--\n (i) health care quality and safety; and\n (ii) the privacy and security of \n identifiable health information;\n (B) the effect of such methods on furthering \n interconnectedness between--\n (i) providers and State Medicaid programs; \n and\n (ii) State Medicaid programs and other \n programs for low-income populations \n administered by State and Federal entities;\n (C) the extent to which such methods reduce the \n administrative burden on such programs; and\n (D) the contribution of the payments to the goals \n of public health and public health reporting.","summary":"E-Centives Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to provide for payments to each state that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of certified health information technology. Directs the Secretary to provide for payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening. (2) coordinate benefits and services under Medicare and Medicaid for full-benefit dual eligible individuals under the state plan. And (3) train providers in the use of such systems and registries. Directs the Secretary of Health and Human Services to submit to Congress a report on Medicaid transformation payments to states for the adoption of innovative methods to improve effectiveness and efficiency in providing medical assistance.","title":"A bill to amend title XIX of the Social Security Act to encourage the use of certified health information technology by providers in the Medicaid program and the Children's Health Insurance Program, and for other purposes.","text_len":14750,"sum_len":1073} {"bill_id":"113_s2875","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Guard Investigations \nTransparency and Improvement Act of 2014''.\n\nSEC. 2. CODIFICATION IN LAW OF ESTABLISHMENT AND DUTIES OF THE OFFICE \n OF COMPLEX ADMINISTRATIVE INVESTIGATIONS IN THE NATIONAL \n GUARD BUREAU.\n\n (a) In General.--There is in the Office of the Chief of the \nNational Guard Bureau the Office of Complex Administrative \nInvestigations (in this section referred to as the ``Office'').\n (b) Direction and Supervision.--The Office shall be under the \ndirection and supervision of the Chief of the National Guard Bureau.\n (c) Duties.--\n (1) In general.--The duties of the Office shall be to \n undertake complex administrative investigations of matters \n relating to members of the National Guard when in State status, \n including investigations of sexual assault involving a member \n of the National Guard in such status, upon the request of any \n of the following:\n (A) The Chief of the National Guard Bureau.\n (B) An adjutant general of a State or territory or \n the District of Columbia.\n (C) The governor of a State or territory, or the \n Commanding General of the National Guard of the \n District of Columbia.\n (2) Complex administrative investigations.--For purposes of \n this subsection, a complex administrative investigation is any \n investigation (as specified by the Chief of the National Guard \n Bureau for purposes of this section) involving factors giving \n rise to unusual complexity in investigation, including the \n following:\n (A) Questions of jurisdiction between the United \n States and a State or territory.\n (B) Matters requiring specialized training among \n investigating officers.\n (C) Matters raising the need for an independent \n investigation in order to ensure fairness and \n impartiality in investigation.\n (3) Matters relating to members of the national guard in \n state status.--The determination whether or not a matter \n relates to a member of the National Guard when in State status \n for purposes of this section shall be made by the Chief of the \n National Guard Bureau in accordance with criteria specified by \n the Chief of the National Guard Bureau for purposes of this \n section.\n (d) Chief of National Guard Bureau Treatment of Final Reports.--The \nChief of the National Guard Bureau shall treat any final report of the \nOffice on a matter under this section as if such report were the report \nof an Inspector General of the Department of Defense or a military \ndepartment on such matter.\n (e) Reports to Congress.--\n (1) Submittal of final reports to congressional \n delegations.--Upon the adoption by the Office of a final report \n on an investigation undertaken by the Office pursuant to this \n section, the Chief of the National Guard Bureau shall submit \n such report (with any personally identifying information \n appropriately redacted) to the members of Congress from the \n State or territory concerned.\n (2) Annual reports.--The Chief of the National Guard Bureau \n shall submit to Congress each year a report on the \n investigations undertaken by the Office pursuant to this \n section during the preceding year. Each report shall include, \n for the year covered by such report, the following:\n (A) A summary description of the investigations \n undertaken during such year, including any trends in \n matters subject to investigation and in findings as a \n result of investigations.\n (B) Information, set forth by State and territory, \n on the investigations undertaken during such year \n involving allegations of sexual assault involving a \n member of the National Guard.\n (C) Such other information and matters on the \n investigations undertaken during such year as the Chief \n of the National Guard Bureau considers appropriate.\n (f) Personnel and Other Capabilities.--The Chief of the National \nGuard Bureau shall ensure that the Office maintains the personnel and \nother capabilities necessary for the discharge of the duties of the \nOffice under this section.\n (g) Procedures and Instructions.--The Chief of the National Guard \nBureau shall issue, and may from time to time update, procedures and \ninstructions necessary for the discharge of the duties of the Office \nunder this section.\n (h) Repeal of Superseded Instruction.--Chief of the National Guard \nBureau Instruction CNGBI 0400.01, dated July 30, 2012, shall have no \nfurther force or effect.","summary":"National Guard Investigations Transparency and Improvement Act of 2014 - Codifies the establishment of the Office of Complex Administrative Investigations in the Office of the Chief of the National Guard Bureau. Requires the Office to undertake complex administrative investigations of matters relating to members of the National Guard when in state status, including investigations of sexual assault, upon the request of: (1) the Chief. (2) an adjutant general of a state, a territory, or the District of Columbia, (3) a governor of a state or territory. Or (4) the Commanding General of the National Guard of the District of Columbia. Defines quot, complex administrative investigationquot. As any investigation specified by the Chief involving factors giving rise to unusual complexity, including: (1) questions of jurisdiction between the United States and a state or territory, (2) matters requiring specialized training among investigating officers, or (3) matters raising the need for an independent investigation to ensure fairness and impartiality. Requires the Chief to treat any final report of the Office relating to such matters as if it were the report of an inspector general of the Department of Defense (DOD) or a military department. Directs the Chief to submit to Members of Congress from the state or territory concerned the final report adopted by the Office regarding such an investigation. Requires the Chief to submit to Congress an annual report regarding all investigations undertaken by the Office during the preceding year.","title":"National Guard Investigations Transparency and Improvement Act of 2014","text_len":5069,"sum_len":1551} {"bill_id":"107_hr5533","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nClaims Backlog Reduction Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) There are over 25,000,000 honorably discharged veterans \n of the Armed Forces of the United States.\n (2) There are over 500,000 veterans who have claims pending \n with the Department of Veterans Affairs for veterans' benefits, \n and approximately 100,000 of such claims are over one year old \n without resolution.\n (3) The Nation's veterans are dying at a rate of over 1,000 \n veterans a day.\n (4) It is the responsibility of the United States \n Government to live up to the promises to the Nation's veterans \n that were made and accepted.\n (5) The National Association of County Veterans Service \n Officers is an organization that includes approximately 2,400 \n full-time employees and whose members are present in 37 States.\n (6) Members of the National Association of County Veterans \n Service Officers stand ready to partner with the Department of \n Veterans Affairs in order to eliminate the backlog of claims \n for veterans' benefits.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) The term ``claimant'' means an individual applying for, \n or submitting a claim for, any benefit under the laws \n administered by the Secretary of Veterans Affairs.\n (2) The term ``County Veterans Service Officer'' means any \n person employed by or funded by any county, parish, borough, or \n territory whose job it is to assist veterans and eligible \n dependents in the application for, administration of, or \n receipt of benefits under any Federal, State, or County \n veterans' benefit program.\n (3) The term ``injury or illness claim'' means a claim for \n benefits that is documented as being service-connected.\n (4) The term ``presumptive claim'' means a claim for \n benefits that is presumptively connected to a specific tour of \n duty or to specific types of military assignment.\n (5) The term ``statutory claims'' means those claims for \n benefits defined in section 5101 of title 38, United States \n Code.\n (6) The term ``specific claims'' includes statutory claims, \n presumptive claims, and injury or illness claims.\n (7) The term ``ready to be rated'' means that there is \n sufficient information to evaluate the claimed disability and \n to assign a rating based on degree of disability.\n (8) The term ``State'' has the meaning given that term in \n section 101(20) of title 38, United States Code.\n\nSEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS.\n\n (a) Referral of Claims to County Veterans Service Officers.--\n (1) The Secretary of Veterans Affairs shall identify the \n backlog of veterans' claims as of the date of the enactment of \n this Act and shall categorize those claims into types of \n specific claims. As part of such categorization, the Secretary \n shall identify the pending claims that require development. The \n Secretary shall refer those claims requiring development to a \n County Veterans Service Office for development.\n (2) The Secretary shall choose a County Veterans Service \n Office for development of a claim based upon the office's \n geographical proximity to the claimant.\n (3) A claim referred to a County Veterans Service Office \n for development shall be accompanied by specification from the \nSecretary of the information that is required to develop the claim and \nthe information that is needed to make the claim ready to rate.\n (b) Filing of Claims With County Veterans Service Officers.--Claims \nfor benefits under laws administered by the Secretary of Veterans \nAffairs may be submitted to County Veterans Service Officers. Receipt \nof such a claim by a County Veterans Service Officer under this Act \nshall be treated for all purposes as receipt of the claim by the \nSecretary of Veterans Affairs.\n\nSEC. 5. DEVELOPMENT OF CLAIMS.\n\n (a) Development of Claims by County Veterans Service Officer.--When \na County Veterans Service Officer receives a claim referred under \nsection 4(a) or receives a claim under section 4(b), that officer shall \nmake personal contact with the claimant, explain the situation, and \ndevelop the claim.\n (b) Authority to Fully Develop Claim.--A County Veterans Service \nOfficer to whom a claim is referred under section 4(a) or receives a \nclaim under section 4(b) shall have the authority to fully develop the \nclaim and to transmit the claim to the Secretary of Veterans Affairs \nwhen the claim is ready to be rated.\n (c) Procedure.--Once the claim has been fully developed, the claim \nshall be transmitted back to the Secretary with the information \ndeveloped in accordance with the specification under section 3(a)(3) \nand a statement from the County Veterans Service Officer indicating \nthat the claim is ready to rate.\n (d) Fully Developed Claims.--For purposes of this section, a claim \nshall be considered to be fully developed when the County Veterans \nService Officer has obtained all items that that officer determines are \nnecessary to substantiate the claim and all items that the Secretary of \nVeterans Affairs has specifically specified to be developed in \nconnection with the claim.\n\nSEC. 6. INFORMATION SHARING.\n\n Veterans' information contained in the Benefits Delivery Network \nof the Department of Veterans Affairs shall be accessible to County \nVeterans Service Offices in order to provide County Veterans Service \nOffices with online access to client information contained in the \nDepartment of Veterans Affairs database. Such information shall be used \nby such offices to develop veterans' claims under this Act and for no \nother purpose.\n\nSEC. 7. ALLOCATION OF FUNDS.\n\n (a) In General.--Funding for purposes of this Act shall be \nallocated by grant to the States based on the population of veterans in \nthe respective States. Funds allocated to a State under this Act shall \nbe directed to County Veterans Service Offices within the State through \nthe State Department of Veterans Affairs (or the equivalent).\n (b) State Overhead.--A State Department of Veterans Affairs may \nretain from any such grant for any fiscal year an amount equal to the \nexpenses incurred by that State for administrative overhead in \nadministering grants for that year, except that the amount so retained \nin any fiscal year may not exceed 3 percent of the amount of the grant \nto that State for that fiscal year.\n (c) Funds for Education and Training.--A portion of the funding \nreceived by a State under this Act for any fiscal year, as determined \nby the Secretary of Veterans Affairs in agreement with County Veterans \nService Offices, shall be used for County Veterans Service Officers to \nattend educational programs sponsored by or equivalent to the National \nAssociation of County Veterans Service Officers annual continuing \neducation and accreditation training.\n (d) Limitation on Federal Funding.--Federal funds under this Act \nmay not be used to provide more than 50 percent of the total costs for \nCounty Veterans Service Offices and shall be used to expand existing \nprograms, not to supplant existing local government funding.\n (e) Establishment of New Cvso Programs.--(1) In the case of a State \nthat as of the date of the enactment of this Act does not have a County \nVeterans Service Officer program, Federal funding under this Act may be \nused by units of local government to establish such a program to assist \nveterans and their dependents in filing applications for veterans \nbenefits and for the purposes specified in this Act.\n (2) In a State covered by paragraph (1), if a unit of local \ngovernment chooses not to establish a County Veterans Service Officers \nprogram as described in that paragraph, the State department of \nveterans affairs (or the equivalent) may elect to perform the services \nas specified in this Act for that State.\n (3) In a State covered by paragraph (1), if both units of local \ngovernment and the State government elect not to use some or all of the \nfunds, the unused amount shall revert back to the Secretary of Veterans \nAffairs and shall be reallocated to those State department of veterans \naffairs (or the equivalent) in which County Veterans Service Officers \nprograms exist to further expand services to veterans in those States \nin support of the veterans claims backlog reduction services under this \nAct.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nVeterans Affairs to carry out this Act $70,000,000 for each of fiscal \nyears 2003, 2004, and 2005.","summary":"Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims. And (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices. Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.","title":"To provide for reduction in the backlog of claims for benefits pending with the Department of Veterans Affairs.","text_len":9017,"sum_len":973} {"bill_id":"115_hr1143","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hygiene Assistance for Families of \nInfants and Toddlers Act of 2017''.\n\nSEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION \n PROJECT.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROJECT.\n\n ``(a) In General.--The Secretary, acting through the Administration \nfor Children and Families, shall make grants to eligible entities to \nconduct demonstration projects that implement and evaluate strategies \nto help families with eligible children to address the diapering needs \nof such children.\n ``(b) Use of Funds.--Amounts provided through a grant under this \nsection shall be used to--\n ``(1) fund diaper distribution demonstration projects that \n will reduce the substantial cost of diapers and diapering \n supplies by making diapers and diapering supplies available to \n low-income families;\n ``(2) evaluate the effects of such demonstration projects \n on mitigating health risks, including diaper dermatitis, \n urinary tract infections, and increased rates of parental and \n child depression and anxiety, that can arise when low-income \n families do not have an adequate supply of diapers for infants \n and toddlers; and\n ``(3) integrate the diaper distribution demonstration \n projects with other assistance programs serving families with \n eligible children.\n ``(c) Application.--An entity desiring a grant under this section \nshall submit to the Secretary an application that includes such \ninformation as the Secretary may require to ensure a likelihood of \nsuccess in achieving the purposes of the grant listed in subsection \n(b).\n ``(d) Eligible Entities.--To be eligible to receive a grant under \nthis section, an entity shall be--\n ``(1) a State or local governmental entity;\n ``(2) an Indian tribe or tribal organization (as defined in \n section 4 of the Indian Self-Determination and Education \n Assistance Act); or\n ``(3) a nonprofit organization as described in section \n 501(c)(3) of the Internal Revenue Code of 1986 and exempt from \n taxation under section 501(a) of such Code.\n ``(e) No Effect on Other Programs.--Any assistance or benefits \nprovided to a family pursuant to a grant under this section shall be \ndisregarded for purposes of determining the family's eligibility for, \nor amount of, benefits under--\n ``(1) any other Federal needs-based program; or\n ``(2) in the case of a grant under this section to a State, \n any State-funded, needs-based program that is financed in whole \n or in part with Federal funds.\n ``(f) Reports.--As a condition of receiving a grant under this \nsection for a fiscal year, an entity shall submit to the Secretary, not \nlater than 6 months after the end of the fiscal year, a report that \nspecifies--\n ``(1) the number of children and the number of families \n receiving assistance under the diaper distribution \n demonstration projects funded through such grant for each month \n of the fiscal year;\n ``(2) the number of diapers, and the number of each type of \n diapering supply distributed through such projects for each \n month of the fiscal year;\n ``(3) the method or methods the entity uses to distribute \n diapers and diapering supplies through such projects; and\n ``(4) such other information as the Secretary may require.\n ``(g) Evaluation.--The Secretary, in consultation with each entity \nthat receives a grant under this section, shall--\n ``(1) not later than September 30, 2019--\n ``(A) complete an evaluation of the effectiveness \n of the diaper distribution demonstration projects \n carried out pursuant to this section;\n ``(B) submit to the relevant congressional \n committees a report on the results of such evaluation; \n and\n ``(C) publish the results of the evaluation on the \n Internet Web site of the Department of Health and Human \n Services; and\n ``(2)(A) not later than September 30, 2022, update the \n evaluation described in paragraph (1)(A); and\n ``(B) not later than 90 days after completion of the \n updated evaluation under subparagraph (B)--\n ``(i) submit to the relevant congressional \n committees a report describing the results of such \n evaluation; and\n ``(ii) update the Web site described in paragraph \n (1)(C) to include the results of such evaluation.\n ``(h) Definitions.--In this section:\n ``(1) The term `diaper' means an absorbent garment that is \n washable or disposable that is worn by a child who is not \n toilet-trained.\n ``(2) The term `diapering supplies' means items, including \n diaper wipes and diaper cream, necessary to ensure that a child \n using a diaper is properly cleaned and protected from diaper \n rash.\n ``(3) The term `eligible child' means a child who--\n ``(A) is not toilet-trained;\n ``(B) has not attained 4 years of age, unless the \n entity determines that the child has a substantial \n physical or mental impairment that requires the child \n to wear diapers; and\n ``(C) is a member of a family whose income is not \n more than 130 percent of the poverty line (as defined \n by the Office of Management and Budget, and revised \n annually in accordance with section 673(2) of the \n Omnibus Budget Reconciliation Act of 1981) applicable \n to a family of the size involved.\n ``(4) The term `toilet-trained' means able and willing to \n use a toilet consistently such that diapers are not necessary \n on a daily basis.\n ``(i) Authorization of Appropriations.--\n ``(1) In general.--To carry out this section, there is \n authorized to be appropriated for each of fiscal years 2018 \n through 2022, $25,000,000.\n ``(2) Availability of funds.--Funds provided to an entity \n under this section for a fiscal year may be expended only in \n the fiscal year or the succeeding fiscal year.''.","summary":"Hygiene Assistance for Families of Infants and Toddlers Act of 2017 This bill amends the Public Health Service Act to direct the Administration for Children and Familes of the Department of Health and Human Services to award grants to states or local governments, Indian tribes or tribal organizations, or nonprofit organizations to conduct demonstration projects to help low-income families address the diapering needs of their children.","title":"Hygiene Assistance for Families of Infants and Toddlers Act of 2017","text_len":6729,"sum_len":438} {"bill_id":"113_s2082","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Two-Midnight Rule Coordination and \nImprovement Act of 2014''.\n\nSEC. 2. DEVELOPMENT OF CRITERIA FOR MEDICALLY NECESSARY SHORT INPATIENT \n HOSPITAL STAYS.\n\n (a) In General.--\n (1) Development of criteria.--The Secretary shall develop \n appropriate criteria with regard to the two-midnight rule (as \n defined in subsection (e)) for payment under the Medicare \n program under title XVIII of the Social Security Act (42 U.S.C. \n 1395 et seq.) for a short inpatient hospital stay (as defined \n in such subsection).\n (2) Requirements.--The criteria developed under paragraph \n (1) shall--\n (A) account for medical necessity and the \n appropriateness of an inpatient stay that is less than \n the two-midnight benchmark; and\n (B) subject to paragraph (3), be developed in \n consultation with interested stakeholders.\n (3) Implementation.--The consultation described in \n paragraph (2)(B) shall be conducted as part of the annual \n notice and comment rulemaking process implementing the Medicare \n hospital inpatient prospective payment system for fiscal year \n 2015.\n (b) Development of Short Inpatient Hospital Stay Payment \nMethodology.--\n (1) In general.--The Secretary shall develop a payment \n methodology under the Medicare program under title XVIII of the \n Social Security Act for hospitals for short inpatient hospital \n stays. Such methodology--\n (A) shall be implemented in a budget neutral \n manner;\n (B) may be a reduced payment amount for such \n inpatient hospital services than would otherwise apply \n if paid for under section 1886(d) of the Social \n Security Act (42 U.S.C. 1395ww(d)) or be an alternative \n payment methodology; and\n (C) shall take into consideration the criteria \n developed under subsection (a).\n (2) Timeframe.--The Secretary shall promulgate such \n methodology as part of the annual regulations implementing the \n Medicare hospital inpatient prospective payment system for \n fiscal year 2015.\n (c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and \nCPT Codes.--\n (1) ICD-10-to-CPT crosswalk.--\n (A) In general.--Not later than 2 years after the \n date of the enactment of this Act, the Secretary shall \n develop general equivalency maps (referred to in this \n subsection as ``crosswalks'') to link the relevant ICD-\n 10 codes to relevant CPT codes, and the relevant CPT \n codes to relevant ICD-10 codes, in order to permit \n comparisons of inpatient hospital services, for which \n payment is made under section 1886 of the Social \n Security Act (42 U.S.C. 1395ww), and hospital \n outpatient department services, for which payment is \n made under section 1833(t) of such Act (42 U.S.C. \n 1395l(t)). In this subsection the terms ``ICD-10 \n codes'' and ``CPT codes'' include procedure as well as \n diagnostic codes.\n (B) Process.--\n (i) In general.--In carrying out \n subparagraph (A), the Secretary shall develop a \n proposed ICD-10-to-CPT crosswalk which shall be \n made available for public comment for a period \n of not less than 60 days.\n (ii) Notice.--The Secretary shall provide \n notice of the comment period through the \n following:\n (I) Publication of notice of \n proposed rulemaking in the Federal \n Register.\n (II) A solicitation posted on the \n Internet Web site of the Centers for \n Medicare & Medicaid Services.\n (III) An announcement on the \n Internet Web site of the Centers for \n Medicare & Medicaid Services of the \n availability of the proposed crosswalk \n and the deadline for comments.\n (IV) A broadcast through an \n appropriate Listserv operated by the \n Centers for Medicare & Medicaid \n Services.\n (iii) Use of the icd-9-cm coordination and \n maintenance committee.--The Secretary also \n shall instruct the ICD-9-CM Coordination and \n Maintenance Committee to convene a meeting to \n receive input from the public regarding the \n proposed ICD-10-to-CPT crosswalk.\n (iv) Publication of final crosswalks.--\n Taking into consideration comments received on \n the proposed crosswalk, the Secretary shall \n publish a final ICD-10-to-CPT crosswalk under \n subparagraph (A) and shall post such crosswalk \n on the Internet Web site of the Centers for \n Medicare & Medicaid Services.\n (v) Updating.--The Secretary shall update \n such crosswalk on an annual basis.\n (2) DRG-to-APC crosswalk.--\n (A) In general.--The Secretary shall, using the \n ICD-10-to-CPT crosswalk developed under paragraph (1), \n develop a second crosswalk between diagnosis-related \n group (DRG) codes for inpatient hospital services and \n Ambulatory Payment Class (APC) codes for outpatient \n hospital services.\n (B) Data to be used.--In developing such crosswalk, \n the Secretary shall use claims data for inpatient \n hospital services for discharges occurring in fiscal \n years beginning with fiscal year 2015 and for \n outpatient hospital services furnished in years \n beginning with 2015.\n (C) Publication.--Not later than June 30, 2017, the \n Secretary shall publish the DRG-to-APC crosswalk \n developed under this paragraph.\n (d) Delay of Enforcement of the Two-Midnight Rule.--\n (1) In general.--The Secretary shall not enforce the \n provisions of the two-midnight rule with respect to admissions \n to a hospital for which payment is made under the Medicare \n program under title XVIII of the Social Security Act--\n (A) for admissions occurring before October 1, \n 2014; and\n (B) in the case of admissions occurring on or after \n October 1, 2014, prior to the applicable date (as \n defined in paragraph (3)).\n (2) Application to medicare review contractors.--Paragraph \n (1) shall also apply to Medicare review contractors (as defined \n in subsection (e)). No Medicare review contractor may, based on \n the provisions of the two-midnight rule, deny a claim for \n payment for inpatient hospital services furnished by a \n hospital, or inpatient critical access hospital services \n furnished by a critical access hospital, for which payment may \n be made under title XVIII of the Social Security Act for \n discharges occurring before the applicable date (as defined in \n paragraph (3))--\n (A) for medical necessity due to the length of an \n inpatient stay in such hospital or due to a \n determination that the services could have been \n provided on an outpatient basis; or\n (B) for requirements for orders, certifications, or \n recertifications, and associated documentation relating \n to the matters described in subparagraph (A).\n (3) Applicable date defined.--In this subsection, the term \n ``applicable date'' means the earlier of--\n (A) the date on which the criteria described in \n subsection (a) are implemented pursuant to subsection \n (a)(3); or\n (B) October 1, 2015.\n (4) Continuation of medicare probe and educate program for \n inpatient hospital admissions.--\n (A) In general.--Subject to subparagraph (B), \n nothing in this subsection shall be construed to \n preclude the Secretary from continuing the conduct by \n Medicare administrative contractors of the Medicare \n Probe and Educate program (as defined in subparagraph \n (C)) for hospital admissions during the delay of \n enforcement under paragraph (1).\n (B) Maintenance of sample prepayment record \n limits.--The Secretary may not increase the sample of \n claims selected for prepayment review under the \n Medicare Probe and Educate program above the number and \n type established by the Secretary under such program as \n of November 4, 2013, such as 10 claims for most \n hospitals and 25 claims for large hospitals.\n (C) Medicare probe and educate program defined.--In \n this paragraph, the term ``Medicare Probe and Educate \n program'' means the program established by the \n Secretary as in effect on November 4, 2013 (and \n described in a public document made available by the \n Centers for Medicare & Medicaid Services on its Web \n site entitled ``Frequently Asked Questions 2 Midnight \n Inpatient Admission Guidance & Patient Status Reviews \n for Admissions on or after October 1, 2013''), under \n which Medicare administrative contractors--\n (i) conduct prepayment patient status \n reviews for inpatient hospital claims with \n dates of admission on or after October 1, 2013, \n and before March 31, 2014; and\n (ii) based on the results of such \n prepayment patient status reviews, conduct \n educational outreach efforts during the \n following 3 months.\n (e) Definitions.--In this section:\n (1) Hospital.--The term ``hospital'' means the following \n (insofar as such terms are used under title XVIII of the Social \n Security Act):\n (A) An acute care hospital.\n (B) A critical access hospital.\n (C) A long-term care hospital.\n (D) An inpatient psychiatric facility.\n (2) Interested stakeholders.--The term ``interested \n stakeholders'' means the following:\n (A) Hospitals.\n (B) Physicians\n (C) Medicare administrative contractors under \n section 1874A of the Social Security Act (42 U.S.C. \n 1395kk-1).\n (D) Recovery audit contractors under section \n 1893(h) of such Act (42 U.S.C. 1395ddd(h)).\n (E) Other parties determined appropriate by the \n Secretary.\n (3) IPPS fy 2014 final rule.--The term ``IPPS FY 2014 Final \n Rule'' means the final rule (CMS-1599-F, CMS-1455-F) published \n by the Centers for Medicare & Medicaid Services in the Federal \n Register on August 19, 2013, entitled ``Medicare Program; \n Hospital Inpatient Prospective Payment Systems for Acute Care \n Hospitals and the Long-Term Care Hospital Prospective Payment \n System and Fiscal Year 2014 Rates; Quality Reporting \n Requirements for Specific Providers; Hospital Conditions of \n Participation; Payment Policies Related to Patient Status'' (78 \n Fed. Reg. 50496 et seq.).\n (4) Medicare review contractor.--The term ``Medicare review \n contractor'' means any contractor or entity that has entered \n into a contract or subcontract with the Centers for Medicare & \n Medicaid Services with respect to the Medicare program to \n review claims for items and services furnished for which \n payment is made under title XVIII of the Social Security Act, \n including--\n (A) Medicare administrative contractors under \n section 1874A of the Social Security Act (42 U.S.C. \n 1395kk-1); and\n (B) recovery audit contractors under section \n 1893(h) of such Act (42 U.S.C. 1395ddd(h)).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (6) Short inpatient hospital stay.--The term ``short \n inpatient hospital stay'' means, with respect to an inpatient \n admission of an individual entitled to benefits under part A of \n title XVIII of the Social Security Act to a hospital, a length \n of stay that is less than the length of stay required to \n satisfy the 2-midnight benchmark described in section 412.3 of \n title 42, Code of Federal Regulations, as amended under the \n amendment 2 referred to in paragraph (7)(A).\n (7) Two-midnight rule.--The term ``two-midnight rule'' \n means the following numbered amendments to 42 CFR Chapter IV \n contained in the IPPS FY 2014 Final Rule (and includes any sub-\n regulatory guidance issued in the implementation of such \n amendments and any portion of the preamble of section XI.C. of \n such rule relating to such amendments):\n (A) Amendment 2 (on page 50965), which adds a \n section 412.3 of title 42, Code of Federal Regulations \n (relating to admissions).\n (B) Amendment 3 (on page 50965), which revises \n section 412.46 of such title (relating to medical \n review requirements).\n (C) Amendment 23 (on page 50969), which amends \n paragraphs (d) and (e)(2) of section 424.11 of such \n title (relating to conditions of payment: General \n procedures).\n (D) Amendment 24 (on pages 50969 and 50970), which \n revises section 424.13 of such title (relating to \n requirements for inpatient services of hospitals other \n than inpatient psychiatric facilities).\n (E) Amendment 25 (on page 50970), which revises \n paragraphs (a), (b), (d)(1), and (e) of section 424.14 \n of such title (relating to requirements for inpatient \n services of inpatient psychiatric facilities).\n (F) Amendment 26 (on page 50970), which revises \n section 424.15 of such title (relating to requirements \n for inpatient CAH services).","summary":"Two-Midnight Rule Coordination and Improvement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to develop appropriate criteria with regard to the two-midnight rule for payment under title XVIII (Medicare) of the Social Security Act for a short inpatient hospital stay. Requires the criteria developed by the Secretary to: (1) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark, and (2) be developed in consultation with interested stakeholders. Directs the Secretary to develop a budget-neutral Medicare payment methodology for hospitals for short inpatient hospital stays. Allows the methodology to be: (1) a reduced payment amount than would otherwise apply to inpatient hospital services if paid for under the Medicare prospective payment schedule, or (2) an alternative payment methodology. Directs the Secretary to develop: (1) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department services. And (2) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. Prohibits the Secretary from enforcing the two-midnight rule for admissions occurring: (1) before October 1, 2014. And (2) on or after that date until October 1, 2015, or the new two-midnight rule criteria are implemented, if sooner . Prohibits a Medicare review contractor from denying a claim for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, on the basis of the two-midnight rule for discharges occurring before the applicable date for: (1) medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis. Or (2) requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Declares that nothing in this Act shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program for hospital admissions during the delayed enforcement of the two-midnight rule. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals.","title":"Two-Midnight Rule Coordination and Improvement Act of 2014","text_len":15968,"sum_len":2846} {"bill_id":"108_hr4522","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Space Station \nIndependent Safety Commission Act of 2004''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Commission'' means the Commission \n established under this Act;\n (2) the term ``ISS'' means the International Space Station;\n (3) the term ``NASA'' means the National Aeronautics and \n Space Administration;\n (4) the term ``NASA Administrator'' means the Administrator \n of NASA; and\n (5) the term ``NTSB'' means the National Transportation \n Safety Board.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--The President shall establish an independent, \nnonpartisan Commission within the executive branch to discover and \nassess any vulnerabilities of the International Space Station that \ncould lead to its destruction, compromise the health of its crew, or \nnecessitate its premature abandonment.\n (b) Deadline for Establishment.--The President shall issue an \nexecutive order establishing a Commission within 30 days after the date \nof enactment of this Act.\n\nSEC. 4. COMPOSITION OF COMMISSION.\n\n (a) Number of Commissioners.--The Commission shall consist of 15 \nmembers.\n (b) Selection.--The members of the Commission shall be chosen in \nthe following manner:\n (1) The Chairman of the NTSB shall be a member of the \n Commission.\n (2) The President shall appoint the remaining 14 members, \n and shall designate the Chairman and Vice Chairman of the \n Commission from among its members.\n (3) Five of the 14 members appointed by the President shall \n be selected by the President in the following manner:\n (A) The majority leader of the Senate, the minority \n leader of the Senate, the Speaker of the House of \n Representatives, the minority leader of the House of \n Representatives, and the President of the collective-\n bargaining organization including the largest number of \n NASA engineers, shall each provide to the President a \n list of candidates for membership on the Commission.\n (B) The President shall select one of the \n candidates from each of the 5 lists for membership on \n the Commission.\n (4)(A) With the exception of the Chairman of the NTSB, no \n officer or employee of the Federal Government shall serve as a \n member of the Commission.\n (B) No member of the Commission shall have, or have \n pending, a contractual relationship with NASA.\n (C) The President may waive the prohibitions in \n subparagraphs (A) and (B) with respect to the selection of not \n more than 2 members of the Commission.\n (5) The President shall not appoint any individual as a \n member of the Commission who has a current or former \n relationship with the NASA Administrator that the President \n determines would constitute a conflict of interest.\n (6) To the extent practicable, the President shall ensure \n that the members of the Commission include some individuals \n with experience relative to human-carrying spacecraft, as well \n as some individuals with investigative experience and some \n individuals with legal experience.\n (7) To the extent practicable, the President shall seek \n diversity in the membership of the Commission.\n (c) Deadline for Appointment.--All members of the Commission shall \nbe appointed no later than 60 days after issuance of the executive \norder establishing the Commission.\n (d) Initial Meeting.--The Commission shall meet and begin \noperations as soon as practicable.\n (e) Quorum; Vacancies.--After its initial meeting, the Commission \nshall meet upon the call of the Chairman or a majority of its members. \nEight members of the Commission shall constitute a quorum. Any vacancy \nin the Commission shall not affect its powers, but shall be filled in \nthe same manner in which the original appointment was made.\n\nSEC. 5. TASKS OF THE COMMISSION.\n\n The Commission shall, to the extent possible, undertake the \nfollowing tasks:\n (1) Catalog threats to and vulnerabilities of the ISS, \n including design flaws, natural phenomena, computer software or \n hardware flaws, sabotage or terrorist attack, number of \n crewmembers, and inability to adequately deliver replacement \n parts and supplies, and management or procedural deficiencies.\n (2) Make recommendations for corrective actions.\n (3) Provide any additional findings or recommendations \n considered by the Commission to be important, whether or not \n they are related to ISS safety.\n (4) Prepare a report to Congress, the President, and the \n public.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) In General.--\n (1) Hearings and evidence.--The Commission or, on the \n authority of the Commission, any subcommittee or member \n thereof, may, for the purpose of carrying out this Act--\n (A) hold such hearings and sit and act at such \n times and places, take such testimony, receive such \n evidence, administer such oaths; and\n (B) subject to paragraph (2)(A), require, by \n subpoena or otherwise, the attendance and testimony of \n such witnesses and the production of such books, \n records, correspondence, memoranda, papers, and \n documents,\n as the Commission or such designated subcommittee or designated \n member may determine advisable.\n (2) Subpoenas.--\n (A) Issuance.--\n (i) In general.--A subpoena may be issued \n under this subsection only--\n (I) by the agreement of the \n Chairman and the Vice Chairman; or\n (II) by the affirmative vote of 8 \n members of the Commission.\n (ii) Signature.--Subject to clause (i), \n subpoenas issued under this subsection may be \n issued under the signature of the Chairman or \n any member designated by a majority of the \n Commission, and may be served by any person \n designated by the Chairman or by a member \n designated by a majority of the Commission.\n (B) Enforcement.--\n (i) In general.--In the case of contumacy \n or failure to obey a subpoena issued under \n subparagraph (A), the United States district \n court for the judicial district in which the \n subpoenaed person resides, is served, or may be \n found, or where the subpoena is returnable, may \n issue an order requiring such person to appear \n at any designated place to testify or to \n produce documentary or other evidence. Any \n failure to obey the order of the court may be \n punished by the court as a contempt of that \n court.\n (ii) Additional enforcement.--In the case \n of a failure of a witness to comply with a \n subpoena or to testify when summoned under \n authority of this section, the Commission may, \n by majority vote, certify a statement of fact \n constituting such failure to the appropriate \n United States attorney, who may bring the \n matter before a grand jury for its action, \n under the same statutory authority and \n procedures as if the United States attorney had \n received a certification under sections 102 \n through 104 of the Revised Statutes of the \n United States (2 U.S.C. 192 through 194).\n (b) Contracting.--The Commission may, to such extent and in such \namounts as are provided in appropriation Acts, enter into contracts to \nenable the Commission to discharge its duties under this Act.\n (c) Information From Federal Agencies.--\n (1) In general.--The Commission may secure directly from \n any executive department, bureau, agency, board, commission, \n office, independent establishment, or instrumentality of the \n Government, information, suggestions, estimates, and statistics \n for the purposes of this Act. Each department, bureau, agency, \n board, commission, office, independent establishment, or \n instrumentality shall, to the extent authorized by law, furnish \n such information, suggestions, estimates, and statistics \n directly to the Commission, upon request made by the Chairman, \n the chairman of any subcommittee created by a majority of the \n Commission, or any member designated by a majority of the \n Commission.\n (2) Receipt, handling, storage, and dissemination.--\n Information shall be received, handled, stored, and \n disseminated by members of the Commission and its staff \n consistent with all applicable statutes, regulations, and \n Executive orders.\n (d) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the Commission on a \n reimbursable basis administrative support and other services \n for the performance of the Commission's tasks.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed in paragraph (1), departments and \n agencies of the United States may provide to the Commission \n such services, funds, facilities, staff, and other support \n services as they may determine advisable and as may be \n authorized by law.\n (3) NASA engineering and safety center.--The NASA \n Engineering and Safety Center shall provide data and technical \n support as requested by the Commission.\n (e) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as departments \nand agencies of the United States.\n\nSEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.\n\n (a) Public Meetings and Release of Public Versions of Reports.--The \nCommission shall--\n (1) hold public hearings and meetings to the extent \n appropriate; and\n (2) release public versions of the reports required under \n this Act.\n (b) Public Hearings.--Any public hearings of the Commission shall \nbe conducted in a manner consistent with the protection of information \nprovided to or developed for or by the Commission as required by any \napplicable statute, regulation, or Executive order.\n\nSEC. 8. STAFF OF COMMISSION.\n\n (a) In General.--\n (1) Appointment and compensation.--The Chairman, in \n consultation with Vice Chairman, in accordance with rules \n agreed upon by the Commission, may appoint and fix the \n compensation of a staff director and such other personnel as \n may be necessary to enable the Commission to carry out its \n functions, without regard to the provisions of title 5, United \n States Code, governing appointments in the competitive service, \n and without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of such title relating to \n classification and General Schedule pay rates, except that no \n rate of pay fixed under this paragraph may exceed the \n equivalent of that payable for a position at level V of the \n Executive Schedule under section 5316 of title 5, United States \n Code. Employees of NASA shall not be appointed to the staff of \n the Commission.\n (2) Personnel as federal employees.--\n (A) In general.--The executive director and any \n personnel of the Commission shall be considered \n employees under section 2105 of title 5, United States \n Code, for purposes of chapters 63, 81, 83, 84, 85, 87, \n 89, and 90 of that title.\n (B) Members of commission.--Subparagraph (A) does \n not apply to members of the Commission.\n (b) Detailees.--Any Federal Government employee, except for an \nemployee of NASA, may be detailed to the Commission without \nreimbursement from the Commission, and such detailee shall retain the \nrights, status, and privileges of his or her regular employment without \ninterruption.\n (c) Consultant Services.--The Commission may procure the services \nof experts and consultants in accordance with section 3109 of title 5, \nUnited States Code, but at rates not to exceed the daily rate paid a \nperson occupying a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code. Any consultant or expert \nwhose services are procured under this subsection shall disclose any \ncontract or association it has with NASA or any NASA contractor.\n\nSEC. 9. COMPENSATION AND TRAVEL EXPENSES.\n\n (a) Compensation.--Each member of the Commission may be compensated \nat not to exceed the daily equivalent of the annual rate of basic pay \nin effect for a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day during which \nthat member is engaged in the actual performance of the duties of the \nCommission.\n (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the Commission, members \nof the Commission shall be allowed travel expenses, including per diem \nin lieu of subsistence, in the same manner as persons employed \nintermittently in the Government service are allowed expenses under \nsection 5703(b) of title 5, United States Code.\n\nSEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.\n\n The appropriate Federal agencies or departments shall cooperate \nwith the Commission in expeditiously providing to the Commission \nmembers and staff appropriate security clearances to the extent \npossible pursuant to existing procedures and requirements. No person \nshall be provided with access to classified information under this Act \nwithout the appropriate security clearances.\n\nSEC. 11. REPORTING REQUIREMENTS AND TERMINATION.\n\n (a) Interim Reports.--The Commission may submit to the President \nand Congress interim reports containing such findings, conclusions, and \nrecommendations for corrective actions as have been agreed to by a \nmajority of Commission members.\n (b) Final Report.--The Commission shall submit to the President and \nCongress, and make concurrently available to the public, a final report \ncontaining such findings, conclusions, and recommendations for \ncorrective actions as have been agreed to by a majority of Commission \nmembers. Such report shall include any minority views or opinions not \nreflected in the majority report.\n (c) Termination.--\n (1) In general.--The Commission, and all the authorities of \n this Act with respect to the Commission, shall terminate 60 \n days after the date on which the final report is submitted \n under subsection (b).\n (2) Administrative activities before termination.--The \n Commission may use the 60-day period referred to in paragraph \n (1) for the purpose of concluding its activities, including \n providing testimony to committees of Congress concerning its \n reports and disseminating the final report.\n (d) National Academy of Sciences Review.--The NASA Administrator \nshall enter into an arrangement with the National Academy of Sciences \nfor a review of compliance with the recommendations of the Commission. \nThe National Academy of Sciences may consult with former members of the \nCommission as appropriate. The NASA Administrator shall transmit a \nreport to the Congress containing the results of the review not later \nthan 18 months after the date the final report of the Commission is \nsubmitted under section 11(b).\n\nSEC. 12. FUNDING.\n\n Such sums as are necessary to carry out this Act are authorized to \nbe appropriated. Sums authorized by this Act shall remain available \nuntil the termination of the Commission.","summary":"International Space Station Independent Safety Commission Act of 2004 - Directs the President to establish, an independent, non-partisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station (ISS) that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. Provides for the Commission to consist of 15 members, including the Chairman of the National Transportation Safety Board. Prohibits: (1) any Commission member from having or having pending a contractual relationship with the National Aeronautics and Space Administration (NASA). And (2) the President from appointing any individual as a Commission member who has a current or former relationship with the Administrator of NASA that the President determines would constitute a conflict of interest. Instructs the Commission to undertake the following tasks: (1) catalog threats to and vulnerabilities of the ISS, including sabotage or terrorist attack, (2) make recommendations for corrective actions. And (3) provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. Sets forth the powers and other authorities of the Commission. Directs the NASA Engineering and Safety Center to provide data and technical support as requested by the Commission. Requires the appropriate Federal agencies or departments to cooperate with the Commission in expeditiously providing appropriate security clearances to the Commission members and staff. Prohibits any person from being provided access to classified information under this Act without the appropriate security clearances. Allows the Commission to submit interim reports containing findings, conclusions, and recommendations for corrective actions to the President and Congress. Terminates the Commission and all the authorities of this Act with respect to the Commission after the Commission's final report containing findings, conclusions, and recommendations for such actions is submitted to the President and Congress and made available to the public. Directs the NASA Administrator to enter into an arrangement with the National Academy of Sciences for a review of compliance with the Commission's recommendations and to transmit a report to Congress containing the results of such review.","title":"To provide for the establishment of an independent, Presidentially-appointed Commission to assess the safety of the International Space Station and its crew.","text_len":17052,"sum_len":2397} {"bill_id":"105_hr4072","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Higher Education Family Opportunity \nAct of 1998''.\n\nSEC. 2. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN \n LIEU OF HOPE AND LIFETIME LEARNING CREDIT.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following new \nsection:\n\n``SEC. 222. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN \n LIEU OF HOPE AND LIFETIME LEARNING CREDIT.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year an amount equal to \nthe qualified tuition and related expenses paid or incurred by such \nindividual.\n ``(b) Limitation.--\n ``(1) In general.--The amount allowable as a deduction \n under subsection (a) for a taxable year shall not exceed the \n deductible limit for each eligible student.\n ``(2) Deductible limit.--For purposes of paragraph (1), the \n deductible limit for a taxable year shall be determined in \n accordance with the following table:\n\n``Taxable years beginning \n in calendar year: Deductible limit:\n 1999................................................... $5,000 \n 2000................................................... $5,500 \n 2001................................................... $6,000 \n 2002................................................... $6,500 \n 2003................................................... $7,000 \n 2004................................................... $7,500 \n 2005................................................... $8,000 \n 2006................................................... $8,500 \n 2007................................................... $9,000 \n 2008................................................... $9,500 \n 2009 and thereafter....................................$10,000.\n ``(c) Qualified Tuition and Related Expenses; Eligible Student.--\nThe terms `qualified tuition and related expenses' and `eligible \nstudent' shall have the same meanings given to such terms by section \n25A.\n ``(d) Applicable Rules.--For purposes of this section, rules \nsimilar to the rules of section 25A(g) shall apply.''.\n (b) Deduction Not a Miscellaneous Itemized Deduction.--Subsection \n(b) of section 67 of such Code (relating to miscellaneous itemized \ndeductions) is amended by striking ``and'' at the end of paragraph \n(11), by striking the period at the end of paragraph (12) and inserting \n``, and'', and by adding at the end the following new paragraph:\n ``(13) the deduction under section 222 (relating to \n deduction for postsecondary tuition and related expenses in \n lieu of Hope and Lifetime Learning credit).''.\n (c) Conforming Amendments.--\n (1) Subparagraph (B) of section 72(t)(7) of such Code is \n amended by inserting ``or 222(e)(2), as the case may be'' after \n ``section 25A(g)(2)''.\n (2) Paragraph (2) of section 135(d) of such Code is amended \n by inserting ``or 222, as the case may be,'' after ``section \n 25A''.\n (3) Paragraph (2) of section 221(e) of such Code is amended \n by striking ``and'' after subparagraph (A), by striking the \n period at the end of subparagraph (B) and inserting ``, and'', \n and by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) the amount allowed as a deduction under \n section 222.''.\n (4) Paragraph (2) of section 6213(g) of such Code is \n amended--\n (A) by striking ``and'' at the end of subparagraph \n (J) (as added by section 201(b) of the Taxpayer Relief \n Act of 1997),\n (B) by redesignating subparagraph (J) (as added by \n section 1085(a)(3) of the Taxpayer Relief Act of 1997) \n as subparagraph (K) and by striking the period at the \n end of such subparagraph and inserting ``, and'', and\n (C) by adding at the end the following new \n subparagraph:\n ``(L) an omission of a correct TIN required under \n section 222(e)(1) (relating to higher education tuition \n and related expenses) to be included on a return.''.\n (d) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the last \nitem and inserting the following new items:\n\n ``Sec. 222. Deduction for postsecondary \n tuition and related expenses in \n lieu of Hope and Lifetime \n Learning credit.\n ``Sec. 223. Cross reference.''.\n (e) Effective Date.--The amendments made by this section shall \napply to expenses paid or incurred after December 31, 1998, for \neducation furnished in academic periods beginning after such date.","summary":"Higher Education Family Opportunity Act of 1998 - Amends the Internal Revenue Code to permit a deduction for qualified tuition and related expenses in lieu of the Hope and Lifetime Learning credits. Sets the deductible limit at $5,000 for 1999 and increases such limit by $500 annually until it reaches $10,000 for years 2009 and thereafter.","title":"Higher Education Family Opportunity Act of 1998","text_len":5410,"sum_len":341} {"bill_id":"110_s3281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drive America on Natural Gas Act of \n2008''.\n\nSEC. 2. RENEWABLE FUEL PROGRAM.\n\n (a) Definition of Renewable Fuel.--Effective January 1, 2009, \nsection 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is \namended by striking subparagraph (J) and inserting the following:\n ``(J) Renewable fuel.--\n ``(i) In general.--The term `renewable \n fuel' means fuel that--\n ``(I) is produced from renewable \n biomass; and\n ``(II) is used to replace or reduce \n the quantity of fossil fuel present in \n a transportation fuel.\n ``(ii) Renewable fuel standard.--For \n purposes of the renewable fuel standard under \n paragraph (2), the term `renewable fuel' \n includes renewable and nonrenewable natural \n gas, including compressed natural and liquefied \n natural gas when used as transportation \n fuel.''.\n (b) Credit Program.--Effective January 1, 2009, section \n211(o)(5)(A) of the Clean Air Act (42 U.S.C. 7545(o)(5)(A)) is \namended--\n (1) in clause (ii), by striking ``and'' at the end;\n (2) in clause (iii), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(iv) for the generation of an appropriate \n quantity of credits for renewable and \n nonrenewable natural gas, including compressed \n natural and liquefied natural gas when used as \n a transportation fuel.''.\n\nSEC. 3. NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE CREDIT ALLOWED FOR \n DUAL FUELED AUTOMOBILES.\n\n (a) In General.--Clause (i) of section 30B(e)(4)(A) of the Internal \nRevenue Code of 1986 (relating to definition of new qualified \nalternative fuel motor vehicle) is amended to read as follows:\n ``(i) which--\n ``(I) is only capable of operating \n on an alternative fuel, or\n ``(II) is capable of operating on \n an alternative fuel and gasoline or \n diesel fuel,''.\n (b) Conforming Amendment.--Section 30B(e) of the Internal Revenue \nCode of 1986 is amended by striking paragraph (5).\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 4. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION \n PROJECTS.\n\n (a) Definitions.--In this section:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Natural gas.--The term ``natural gas'' means compressed \n natural gas, liquefied natural gas, biomethane, and mixtures of \n hydrogen and methane or natural gas.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (b) Program.--The Secretary, in coordination with the \nAdministrator, shall conduct a program of natural gas vehicle research, \ndevelopment, and demonstration.\n (c) Purpose.--The program under this section shall focus on--\n (1) the continued improvement and development of new, \n cleaner, more efficient light-duty, medium-duty, and heavy-duty \n natural gas vehicle engines;\n (2) the integration of those engines into light-duty, \n medium-duty, and heavy-duty natural gas vehicles for onroad and \n offroad applications;\n (3) expanding product availability by assisting \n manufacturers with the certification of the engines or vehicles \n described in paragraph (1) or (2) to Federal or California \n certification requirements and in-use emission standards;\n (4) the demonstration and proper operation and use of the \n vehicles described in paragraph (2) under all operating \n conditions;\n (5) the development and improvement of nationally \n recognized codes and standards for the continued safe operation \n of natural gas vehicles and components;\n (6) improvement in the reliability and efficiency of \n natural gas fueling station infrastructure;\n (7) the certification of natural gas fueling station \n infrastructure to nationally recognized and industry safety \n standards;\n (8) the improvement in the reliability and efficiency of \n onboard natural gas fuel storage systems;\n (9) the development of new natural gas fuel storage \n materials;\n (10) the certification of onboard natural gas fuel storage \n systems to nationally recognized and industry safety standards; \n and\n (11) the use of natural gas engines in hybrid vehicles.\n (d) Certification of Conversion Systems.--The Secretary shall \ncoordinate with the Administrator on issues related to streamlining the \ncertification of natural gas conversion systems to the appropriate \nFederal certification requirements and in-use emission standards.\n (e) Cooperation and Coordination With Industry.--In developing and \ncarrying out the program under this section, the Secretary shall \ncoordinate with the natural gas vehicle industry to ensure cooperation \nbetween the public and the private sector.\n (f) Conduct of Program.--The program under this section shall be \nconducted in accordance with sections 3001 and 3002 of the Energy \nPolicy Act of 1992 (42 U.S.C. 13541, 13542).\n (g) Report.--Not later than 2 years after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nimplementation of this section.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as are necessary to carry out \nthis section.\n\nSEC. 5. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION-FUELED \n VEHICLES.\n\n Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is \namended by adding at the end the following:\n\n``SEC. 251. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION-\n FUELED VEHICLES.\n\n ``(a) Definitions.--In this section:\n ``(1) Alternative fuel.--The term `alternative fuel' means \n compressed or liquid natural gas.\n ``(2) Alternative-fueled vehicle.--The term `alternative-\n fueled vehicle' means a vehicle that is manufactured or \n converted to operate using alternative fuel.\n ``(3) Bi-fueled vehicle.--The term `bi-fueled vehicle' \n means a vehicle that is capable of operating on gasoline or an \n alternative fuel, but not both at the same time.\n ``(4) Convert.--The term `convert', with respect to a \n vehicle, means to modify the engine and other applicable \n components of the vehicle to enable the vehicle to operate \n using an alternative fuel (including compressed natural gas).\n ``(5) OBD system.--The term `OBD system' means an on-board, \n computer-based diagnostic system built into certain vehicles to \n monitor the performance of certain primary engine components of \n the vehicle (including components responsible for controlling \n emissions).\n ``(6) Program.--The term `program' means the alternative-\n fueled vehicle development demonstration program established \n under subsection (b).\n ``(7) Small volume manufacturer.--\n ``(A) In general.--The term `small volume \n manufacturer' means a manufacturer of vehicles \n described in section 86.001-1(e) of title 40, Code of \n Federal Regulations (or a successor regulation) that is \n approved and certified in accordance with part 86 of \n subchapter C of chapter I of title 40, Code of Federal \n Regulations (or successor regulations).\n ``(B) Inclusion.--The term `small volume \n manufacturer' includes a manufacturer of kits or \n equipment used to convert vehicles.\n ``(b) Program.--\n ``(1) Establishment.--For the period of fiscal years 2009 \n through 2013, the Administrator shall establish and carry out a \n demonstration program to assist States in facilitating the \n development of alternative-fueled vehicles.\n ``(2) Application.--A State may participate in the program \n by submitting to the Administrator an application at such time, \n in such form, and containing such information as the \n Administrator shall specify.\n ``(3) Benefits available to participating small volume \n manufacturers.--Under the program, with respect to small volume \n manufacturers located in States participating in the program, \n the Administrator shall, by regulation--\n ``(A) waive all fees applicable to small volume \n manufacturers for the certification and conversion of \n alternative-fueled vehicles;\n ``(B) waive requirements for recertification of \n kits for the conversion of vehicles in any case in \n which, as determined by the Administrator--\n ``(i) the kit has been previously certified \n for the model of vehicle to be converted; and\n ``(ii) neither the kit nor the design and \n specifications of the model of vehicle to be \n converted have substantially changed;\n ``(C) modify such regulatory requirements relating \n to OBD systems as the Administrator determines to be \n appropriate to provide flexibility to small volume \n manufacturers in reprogramming OBD systems to be \n compatible with the use of alternative fuel;\n ``(D) permit small volume manufacturers to include \n more vehicles and engines in a single engine category \n to improve the cost-efficiency of emission testing of \n converted vehicles;\n ``(E) waive the liability of small volume \n manufacturers, in the case of a bi-fueled vehicle \n capable of operating on gasoline or compressed natural \n gas, for the compliance of the gasoline system of the \n bi-fueled vehicle with applicable emission \n requirements;\n ``(F) provide additional guidance to small volume \n manufacturers with respect to the conversion of older \n models of vehicles; and\n ``(G) revise and streamline certification \n requirements applicable to small volume manufacturers.\n ``(4) State responsibility.--As a condition of \n participating in the program, during the period of fiscal years \n 2009 through 2013, a State shall--\n ``(A) develop regulations for (as compared to \n Federal requirements in effect as of the date of \n enactment of this section) an equally effective but \n less burdensome system of certifying and verifying \n emissions of alternative-fueled vehicles and equipment \n used for conversions; and\n ``(B) not later than December 31, 2012, submit the \n proposed regulations of the State to the Administrator \n for review.\n ``(c) State Programs.--Upon receipt of proposed regulations of a \nState under subsection (b)(4), the Administrator shall--\n ``(1) review the regulations; and\n ``(2) if the Administrator determines that the \n implementation of the regulations would result in (as compared \n to Federal requirements in effect as of the date of enactment \n of this section) an equally effective but less burdensome \n system of certifying and verifying emissions of alternative-\n fueled vehicles and equipment used for conversions, authorize \n the State to implement the regulations with respect to small \n volume manufacturers in the State for the period of fiscal \n years 2014 through 2018, subject to--\n ``(A) the submission of annual reports to the \n Administrator; and\n ``(B) such periodic inspection and other oversight \n requirements as the Administrator determines to be \n appropriate.\n ``(d) Duration of Program.--The program and all authority under the \nprogram (other than the authority of the Administrator described in \nsubsection (c)) shall terminate on December 31, 2013, unless the \nAdministrator--\n ``(1) in consultation with the States, elects to continue \n the program; and\n ``(2) promulgates such regulations as are necessary to \n continue the program.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.''.\n\nSEC. 6. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS.\n\n Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) \n(as amended by section 5) is amended by adding at the end the \nfollowing:\n\n``SEC. 252. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS.\n\n ``(a) In General.--The Administrator shall waive requirements for \nrecertification of kits for the conversion of vehicles into vehicles \nthat are powered by natural gas in any case in which, as determined by \nthe Administrator--\n ``(1) the kit has been previously certified for the model \n of vehicle to be converted; and\n ``(2) neither the kit nor the design and specifications of \n the model of vehicle to be converted have substantially \n changed.\n ``(b) Older Vehicles.--The Administrator shall waive emission \ncertification system requirements for a vehicle that is over 10 years \nold or has over 120,000 miles that is powered by natural gas.''.","summary":"Drive America on Natural Gas Act of 2008 - Amends the Clean Air Act to: (1) redefine renewable fuel to include renewable and nonrenewable natural gas (NG), including compressed natural (CNG) and liquefied natural gas (LNG). And (2) require fuel credit program regulations to provide for generation of credits for renewable and nonrenewable natural gas. Amends the Internal Revenue Code to allow a new qualified alternative fuel motor vehicle credit for dual fueled automobiles. Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to conduct a program of natural gas vehicle research, development, and demonstration, with a particular emphasis on streamlining the certification of NG conversion systems. Directs the EPA Administrator to: (1) establish a demonstration program to assist states in facilitating the development of alternative-fueled vehicles. And (2) waive requirements for recertification of certain kits for the conversion of vehicles to NG.","title":"A bill to improve air quality by expanding the use of low-emission natural gas as a transportation fuel.","text_len":14737,"sum_len":1022} {"bill_id":"115_hr970","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Corporate Governance \nThrough Diversity Act of 2017''.\n\nSEC. 2. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN \n CONTRACTORS.\n\n (a) In General.--Chapter 47 of subtitle I of title 41, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 4713. Submission of data relating to diversity by certain \n contractors.\n ``(a) Submission of Data.--In the case of the award of a contract \nin an amount of $5,000,000 or more to a covered contractor, the head of \nan executive agency shall require the contractor to submit, not later \nthan 60 days after the award of the contract, the following:\n ``(1) Data on the racial, ethnic, and gender composition of \n the board of directors and the C-level executives of the \n covered contractor.\n ``(2) Data on the affiliation of any member of the board of \n directors or any C-level executive to a historically \n underrepresented group, including veterans of the Armed Forces \n and individuals with disabilities.\n ``(3) Any plan or strategy that exists on the date of the \n submission of data under this subsection to improve the \n diversity of the board of directors or the C-level executives \n of the covered contractor.\n ``(b) Reports.--\n ``(1) Quarterly report to general services \n administration.--After the end of a calendar quarter, each \n executive agency shall submit to the Administrator of General \n Services a report that includes the data submitted by \n contractors under subsection (a) during the quarter covered.\n ``(2) Annual report to congress and offices of minority and \n women inclusion.--\n ``(A) In general.--Not later than February 14 of \n each calendar year, the Administrator of General \n Services shall submit to Congress and each Office of \n Minority and Women Inclusion established under section \n 342 of the Dodd-Frank Wall Street Reform and Consumer \n Protection Act (12 U.S.C. 5452) an annual report that--\n ``(i) includes the data submitted to the \n Administrator under paragraph (1) during the \n preceding calendar year and the data submitted \n under section 13(s) of the Securities Exchange \n Act of 1934;\n ``(ii) uses the data described in clause \n (i), as well as information from other reliable \n sources, to analyze the diversity of the board \n of directors and the C-level executives of each \n entity submitting data in comparison to the \n industry peers of such entity, including any \n trends and progress related to such diversity; \n and\n ``(iii) based on the analysis conducted \n under clause (ii), lists each entity submitting \n data that is significantly lagging behind the \n industry peers of such entity with respect to \n the diversity of the board of directors and the \n C-level executives.\n ``(B) Public availability.--The Administrator of \n General Services shall make publicly available each \n annual report submitted under subparagraph (A).\n ``(c) Public Comment.--After the end of the four-year period \nbeginning on the date of the enactment of this section, and every four \nyears thereafter, the Administrator of General Services shall review \nthe implementation of the requirements of this section and provide an \nopportunity for public comment on such review.\n ``(d) Definitions.--In this section:\n ``(1) Covered contractor.--The term `covered contractor' \n means a for-profit business with annual gross receipts in \n excess of $1,000,000,000 during the year preceding the \n submission of a bid or proposal for a contract described in \n subsection (a).\n ``(2) C-level executive.--The term `C-level executive' \n means the most senior executive officer, information officer, \n technology officer, financial officer, compliance officer, or \n security officer of a covered contractor.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 47 of such title is amended by inserting after the item \nrelating to section 4712 the following new item:\n\n``4713. Submission of data relating to diversity by certain \n contractors.''.\n\nSEC. 3. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.\n\n (a) In General.--Section 13 of the Securities Exchange Act of 1934 \n(15 U.S.C. 78m) is amended by adding at the end the following:\n ``(s) Submission of Data Relating to Diversity.--\n ``(1) Submission of data.--Each issuer required to file an \n annual report under subsection (a) shall disclose in that \n report, the following:\n ``(A) Data on the racial, ethnic, and gender \n composition of the board of directors and the C-level \n executives of the issuer.\n ``(B) Data on the affiliation of any member of the \n board of directors or any C-level executive of the \n issuer to a historically underrepresented group, \n including veterans of the Armed Forces and individuals \n with disabilities.\n ``(C) Any plan or strategy that exists on the date \n of the submission of data under this paragraph to \n improve the diversity of the board of directors or the \n C-level executives of the issuer.\n ``(2) C-level executive defined.--In this subsection, the \n term `C-level executive' means the most senior executive \n officer, information officer, technology officer, financial \n officer, compliance officer, or security officer of an \n issuer.''.\n (b) Corporate Governance Regulations.--Not later than 90 days after \nthe date of the enactment of this Act, the Securities and Exchange \nCommission shall revise paragraph (v) of section 229.407(c)(2) of title \n17, Code of Federal Regulations, to require that when the description \ndescribed in such paragraph is presented in a proxy or information \nstatement relating to the election of directors, the qualities and \nskills described in such paragraph, along with the nominee's gender, \nrace, ethnicity, and affiliation with a historically underrepresented \ngroup should be presented in a chart or matrix form.","summary":"Improving Corporate Governance Through Diversity Act of 2017 This bill directs executive agencies to require any covered contractor awarded a contract of $5 million or more to submit, within 60 days: data on the racial, ethnic, and gender composition of such contractor's board of directors and senior executives. Data on the affiliation of any such board member or executive to a historically underrepresented group, including veterans and individuals with disabilities. And any plan or strategy to improve the diversity of such board members or executives. Each agency shall submit quarterly reports on such data to the General Services Administration, which shall report to Congress annually on the diversity of such contractor boards and executives. The Securities Exchange Act of 1934 is amended to require each issuer of a registered security to disclose such data, plan, and strategy in its required annual report. The Securities and Exchange Commission must revise corporate governance regulations to require that when the description is presented in a proxy or information statement relating to the election of directors, the nominee's qualities and skills, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group, are presented in a chart or matrix form.","title":"Improving Corporate Governance Through Diversity Act of 2017","text_len":6997,"sum_len":1317} {"bill_id":"106_s986","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Griffith Project Prepayment and \nConveyance Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The term ``Authority'' means the Southern Nevada Water \n Authority, organized under the laws of the State of Nevada.\n (2) The term ``Griffith Project'' means the Robert B. Griffith \n Water Project, authorized by and constructed pursuant to the \n Southern Nevada Water Project Act, Public Law 89-292, as amended \n (commonly known as the ``Southern Nevada Water Project Act'') (79 \n Stat. 1068), including pipelines, conduits, pumping plants, intake \n facilities, aqueducts, laterals, water storage and regulatory \n facilities, electric substations, and related works and \n improvements listed pursuant to ``Robert B. Griffith Water Project \n (Formerly Southern Nevada Water Project), Nevada: Southern Clark \n County, Lower Colorado Region Bureau of Reclamation'', on file at \n the Bureau of Reclamation and all interests in land acquired under \n Public Law 89-292, as amended.\n (3) The term ``Secretary'' means the Secretary of the Interior.\n (4) The term ``Acquired Land(s)'' means all interests in land, \n including fee title, right(s)-of-way, and easement(s), acquired by \n the United States from non-Federal sources by purchase, donation, \n exchange, or condemnation pursuant to Public Law 89-292, as amended \n for the Griffith Project.\n (5) The term ``Public Land'' means lands which have never left \n Federal ownership and are under the jurisdiction of the Bureau of \n Land Management.\n (6) The term ``Withdrawn Land'' means Federal lands which are \n withdrawn from settlement, sale, location of minerals, or entry \n under some or all of the general land laws and are reserved for a \n particular public purpose pursuant to Public Law 89-292, as \n amended, under the jurisdiction of the Bureau of Reclamation, or \n are reserved pursuant to Public Law 88-639 under the jurisdiction \n of the National Park Service.\n\nSEC. 3. CONVEYANCE OF GRIFFITH PROJECT.\n\n (a) In General.--In consideration of the Authority assuming from \nthe United States all liability for administration, operation, \nmaintenance, and replacement of the Griffith Project and subject to the \nprepayment by the Authority of the Federal repayment amount of \n$121,204,348 (which amount shall be increased to reflect any accrued \nunpaid interest and shall be decreased by the amount of any additional \nprincipal payments made by the Authority after September 15, 1999, \nprior to the date on which prepayment occurs), the Secretary shall, \npursuant to the provisions of this Act--\n (1) convey and assign to the Authority all of the right, title, \n and interest of the United States in and to improvements and \n facilities of the Griffith Project in existence as of the date of \n this Act;\n (2) convey and assign to the Authority all of the right, title, \n and interest of the United States to Acquired Lands that were \n acquired for the Griffith Project; and\n (3) convey and assign to the Authority all interests reserved \n and developed as of the date of this Act for the Griffith Project \n in lands patented by the United States.\n (b) Pursuant to the authority of this section, from the effective \ndate of conveyance of the Griffith Project, the Authority shall have a \nright-of-way at no cost across all Public Land and Withdrawn Land--\n (1) on which the Griffith Project is situated; and\n (2) across any Federal lands as reasonably necessary for the \n operation, maintenance, replacement, and repair of the Griffith \n Project, including existing access routes.\nRights-of-way established by this section shall be valid for as long as \nthey are needed for municipal water supply purposes and shall not \nrequire payment of rental or other fee.\n (c) Within twelve months after the effective date of this Act--\n (1) the Secretary and the Authority shall agree upon a \n description of the land subject to the rights-of-way established by \n subsection (b) of this section; and\n (2) the Secretary shall deliver to the Authority a document \n memorializing such rights-of-way.\n (d) Report.--If the conveyance under subsection (a) has not \noccurred within twelve months after the effective date of this Act, the \nSecretary shall submit to Congress a report on the status of the \nconveyance.\n\nSEC. 4. RELATIONSHIP TO EXISTING CONTRACTS.\n\n The Secretary and the Authority may modify Contract No. 7-07-30-\nW0004 and other contracts and land permits as necessary to conform to \nthe provisions of this Act.\n\nSEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS.\n\n (a) If the Authority changes the use or operation of the Griffith \nProject, the Authority shall comply with all applicable laws and \nregulations governing the changes at that time.\n (b) On conveyance of the Griffith Project under section 3 of this \nAct, the Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts \namendatory thereof or supplemental thereto shall not apply to the \nGriffith Project. Effective upon transfer, the lands and facilities \ntransferred pursuant to this Act shall not be entitled to receive any \nfurther Reclamation benefits pursuant to the Act of June 17, 1902, and \nall Acts amendatory thereof or supplemental thereto attributable to \ntheir status as a Federal Reclamation Project, and the Griffith Project \nshall no longer be a Federal Reclamation Project.\n (c) Nothing in this Act shall transfer or affect Federal ownership, \nrights, or interests in Lake Mead National Recreation Area associated \nlands, nor affect the authorities of the National Park Service to \nmanage Lake Mead National Recreation Area including lands on which the \nGriffith Project is located consistent with the Act of August 25, 1916 \n(39 Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 1039), or \nany other applicable legislation, regulation, or policy.\n (d) Nothing in this Act shall affect the application of Federal \nreclamation law to water delivered to the Authority pursuant to any \ncontract with the Secretary under section 5 of the Boulder Canyon \nProject Act.\n (e) Effective upon conveyance of the Griffith Project and acquired \ninterests in land under section 3 of this Act, the United States shall \nnot be liable for damages of any kind arising out of any act, omission, \nor occurrence based on its prior ownership of the conveyed property.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Grants to the Authority at no cost a right-of-way across all public land and withdrawn land on which the Project is situated and across any Federal lands as reasonably necessary for the operation, maintenance, replacement, and repair of the Project, including existing access routes. Provides that such rights-of-way shall be valid for as long as they are needed for municipal water supply purposes and shall not require payment of rental or other fee. Requires the Secretary, if such conveyance has not occurred within 12 months after the effective date of this Act, to report on its status to Congress.","title":"Griffith Project Prepayment and Conveyance Act","text_len":6790,"sum_len":604} {"bill_id":"113_s2457","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Highway Runoff Management Act''.\n\nSEC. 2. FEDERAL-AID HIGHWAY RUNOFF MANAGEMENT.\n\n (a) In General.--Chapter 3 of title 23, United States Code, is \namended by adding at the end the following:\n``Sec. 330. Federal-aid highway runoff management program\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Covered project.--The term `covered project' means a \n reconstruction, rehabilitation, reconfiguration, renovation, \n major resurfacing, or new construction project on a Federal-aid \n highway carried out under this title that results in--\n ``(A) a 10-percent or greater increase in \n impervious surface of the aerial extent within the \n right-of-way of the project limit on a Federal-aid \n highway or associated facility; or\n ``(B) an increase of 1 acre or more in impervious \n surface coverage.\n ``(2) Erosive force.--The term `erosive force' means the \n flowrate within a stream or channel in which channel bed or \n bank material becomes detached, which in most cases is less \n than or equal to the flowrate produced by the 2-year storm \n event.\n ``(3) Highway runoff.--The term `highway runoff ', with \n respect to a Federal-aid highway, associated facility, or \n management measure retrofit project, means a discharge of peak \n flow rate or volume of runoff that exceeds flows generated \n under preproject conditions.\n ``(4) Impacted hydrology.--The term `impacted hydrology' \n means stormwater runoff generated from all areas within the \n site limits of a covered project.\n ``(5) Management measure.--The term `management measure' \n means a program, structural or nonstructural management \n practice, operational procedure, or policy on or off the \n project site that is intended to prevent, reduce, or control \n highway runoff.\n ``(b) State Highway Stormwater Management Programs.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this section, each State shall--\n ``(A) develop a process for analyzing the erosive \n force of highway runoff generated from covered \n projects; and\n ``(B) apply management measures to maintain or \n restore impacted hydrology associated with highway \n runoff from covered projects.\n ``(2) Inclusions.--The management measures established \n under paragraph (1) may include, as the State determines to be \n appropriate, management measures that--\n ``(A) minimize the erosive force of highway runoff \n from a covered project on a channel bed or bank of \n receiving water by managing highway runoff within the \n area of the covered project;\n ``(B) manage impacted hydrology in such a manner \n that the highway runoff generated by a covered project \n is below the erosive force flow and volume;\n ``(C) to the maximum extent practicable, seek to \n address the impact of the erosive force of hydrologic \n events that have the potential to create or exacerbate \n downstream channel erosion, including excess pier and \n abutment scour at bridges and channel downcutting and \n bank failure of streams adjacent to highway \n embankments;\n ``(D) ensure that the highway runoff from the post-\n construction condition does not increase the risk of \n channel erosion relative to the preproject condition; \n and\n ``(E) employ simplified approaches to determining \n the erosive force of highway runoff generated from \n covered projects, such as a regionalized analysis of \n streams within a State.\n ``(c) Guidance.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary, in consultation \n with the heads of other relevant Federal agencies, shall \n publish guidance to assist States in carrying out this section.\n ``(2) Contents of guidance.--The guidance shall include \n guidelines and technical assistance for the establishment of \n State management measures that will be used to assist in \n avoiding, minimizing, and managing highway runoff from covered \n projects, including guidelines to help States integrate the \n planning, selection, design, and long-term operation and \n maintenance of management measures consistent with the design \n standards in the overall project planning process.\n ``(3) Approval.--The Secretary, in consultation with the \n heads of other relevant Federal agencies, shall--\n ``(A) review the management measures program of \n each State; and\n ``(B) approve such a program, if the program meets \n the requirements of subsection (b).\n ``(4) Updates.--Not later than 5 years after the date of \n publication of the guidance under this subsection, and not less \n frequently than once every 5 years thereafter--\n ``(A) the Secretary, in consultation with the heads \n of other relevant Federal agencies, shall update the \n guidance, as applicable; and\n ``(B) each State, as applicable, shall update the \n management measures program of the State in accordance \n with the updated guidance.\n ``(d) Reporting.--\n ``(1) In general.--Except as provided in paragraph (2)(A), \n each State shall submit to the Secretary an annual report that \n describes the activities carried out under the highway \n stormwater management program of the State, including a \n description of any reductions of stormwater runoff achieved as \n a result of covered projects carried out by the State after the \n date of enactment of this section.\n ``(2) Reporting requirements under permit.--\n ``(A) In general.--A State shall not be required to \n submit an annual report described in paragraph (1) if \n the State--\n ``(i) is operating Federal-aid highways in \n the State in a post-construction condition in \n accordance with a permit issued under the \n Federal Water Pollution Control Act (33 U.S.C. \n 1251 et seq.);\n ``(ii) is subject to an annual reporting \n requirement under such a permit (regardless of \n whether the permitting authority is a Federal \n or State agency); and\n ``(iii) carries out a covered project with \n respect to a Federal-aid highway in the State \n described in clause (i).\n ``(B) Transmission of report.--A Federal or State \n permitting authority that receives an annual report \n described in subparagraph (A)(ii) shall, on receipt of \n such a report, transmit a copy of the report to the \n Secretary.''.\n (b) Clerical Amendment.--The analysis for chapter 3 of title 23, \nUnited States Code, is amended by adding at the end the following:\n\n``330. Federal-aid highway runoff management program.''.","summary":"Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.","title":"Highway Runoff Management Act","text_len":7963,"sum_len":358} {"bill_id":"106_s1494","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Commerce Extension \nEstablishment Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States economy is in the early stages of a \n revolution in electronic commerce--the ability to buy, sell, \n and even deliver goods and services through computer networks. \n Estimates are that electronic commerce sales in 1998 were \n around $100,000,000,000 and could rise to $1,300,000,000,000 by \n 2003.\n (2) Electronic commerce promises to spur tremendously \n United States productivity and economic growth--repeating a \n historical pattern where the greatest impetus toward economic \n growth lies not in the sale of new technologies but in their \n widespread adoption and use.\n (3) Electronic commerce presents an enormous opportunity \n and challenge for small businesses. Such commerce will give \n such businesses new markets and new ways of doing businesses. \n However, many such business will have difficulty in adopting \n appropriate electronic commerce technologies and practices. \n Moreover, such businesses in more rural areas will find distant \n businesses entering their markets and competing with them. \n Thus, there is considerable risk many small businesses will be \n left behind in the shift to electronic commerce.\n (4) The United States has an interest in ensuring that \n small businesses in all parts of the United States participate \n fully in the electronic commerce revolution, both for the sake \n of such businesses and in order to promote productivity and \n economic growth throughout the entire United States economy.\n (5) The Federal Government has a long history of \n successfully helping small farmers with new agricultural \n technologies through the Cooperative Extension System at the \n Department of Agriculture, founded in 1914. More recently, the \n National Institute of Standards and Technology has successfully \n helped small manufacturers with manufacturing technologies \n through its Manufacturing Extension Program, established in \n 1988.\n (6) Similarly, now is the time to establish an electronic \n commerce extension program to help small businesses throughout \n the United States identify, adapt, and adopt electronic \n commerce technologies and business practices, thereby ensuring \n that such businesses fully participate in the electronic \n commerce revolution.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to establish an electronic commerce \nextension program focused on small businesses at the National Institute \nof Standards and Technology.\n\nSEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT \n NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY.\n\n (a) Establishment.--The National Bureau of Standards Act (15 U.S.C. \n271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k) \nthe following new section:\n\n ``regional centers for the transfer of electronic commerce technology\n\n ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of \nCommerce for Technology and the Director and in consultation with other \nappropriate officials, shall provide assistance for the creation and \nsupport of Regional Centers for the Transfer of Electronic Commerce \nTechnology (in this section referred to as `Centers').\n ``(2) The Centers shall be affiliated with any United States-based \nnonprofit institution or organization, or group thereof, that applies \nfor and is awarded financial assistance under this section in \naccordance with the program established by the Secretary under \nsubsection (c).\n ``(3) The objective of the Centers is to enhance productivity and \ntechnological performance in United States electronic commerce \nthrough--\n ``(A) the transfer of electronic commerce technology and \n techniques developed at the Institute to Centers and, through \n them, to companies throughout the United States;\n ``(B) the participation of individuals from industry, \n institutions of higher education, State governments, other \n Federal agencies, and, when appropriate, the Institute in \n cooperative technology transfer activities;\n ``(C) efforts to make electronic commerce technology and \n techniques usable by a wide range of United States-based small \n companies;\n ``(D) the active dissemination of scientific, engineering, \n technical, and management information about electronic commerce \n to small companies, with a particular focus on reaching those \n located in rural or isolated areas; and\n ``(E) the utilization, when appropriate, of the expertise \n and capability that exists in State and local governments, \n institutions of higher education, the private sector, and \n Federal laboratories other than the Institute.\n ``(b) The activities of the Centers shall include--\n ``(1) the establishment of electronic commerce \n demonstration systems, based on research by the Institute and \n other organizations and entities, for the purpose of technology \n transfer; and\n ``(2) the active transfer and dissemination of research \n findings and Center expertise to a wide range of companies and \n enterprises, particularly small companies.\n ``(c)(1) The Secretary may provide financial support to any Center \ncreated under subsection (a) in accordance with a program established \nby the Secretary for purposes of this section.\n ``(2) The Secretary may not provide to a Center more than 50 \npercent of the capital and annual operating and maintenance funds \nrequired to create and maintain the Center.\n ``(3)(A) Any nonprofit institution, or group thereof, or consortia \nof nonprofit institutions may, in accordance with the procedures \nestablished by the Secretary under the program under paragraph (1), \nsubmit to the Secretary an application for financial support for the \ncreation and operation of a Center under this section.\n ``(B) In order to receive financial assistance under this section \nfor a Center, an applicant shall provide adequate assurances that it \nwill contribute 50 percent or more of the estimated capital and annual \noperating and maintenance costs of the Center for the first three years \nof its operation and an increasing share of such costs over the next \nthree years of its operation.\n ``(C) An applicant shall also submit a proposal for the allocation \nof the legal rights associated with any invention which may result from \nthe activities of the Center proposed by the applicant.\n ``(4)(A) The Secretary shall subject each application submitted \nunder this subsection to merit review.\n ``(B) In making a decision whether to approve an application and \nprovide financial support for a Center under this section, the \nSecretary shall consider at a minimum--\n ``(i) the merits of the application, particularly the \n portions of the application regarding technology transfer, \n training and education, and adaptation of electronic commerce \n technologies to the needs of particular industrial sectors;\n ``(ii) the quality of service to be provided;\n ``(iii) geographical diversity and extent of service area; \n and\n ``(iv) the percentage of funding and amount of in-kind \n commitment from other sources.\n ``(5)(A) Each Center receiving financial assistance under this \nsection shall be evaluated during the third year of its operation by an \nevaluation panel appointed by the Secretary.\n ``(B) Each evaluation panel under this paragraph shall be composed \nof private experts, none of whom shall be connected with the Center \ninvolved, and with appropriate Federal officials. An official of the \nInstitute shall chair each evaluation panel.\n ``(C) Each evaluation panel under this paragraph shall measure the \nperformance of the Center involved against the objectives specified in \nthis section and under the arrangement between the Center and the \nInstitute.\n ``(6) The Secretary may not provide funding for a Center under this \nsection for the fourth through the sixth years of its operation unless \nthe evaluation regarding the Center under paragraph (5) is positive. If \nsuch evaluation for a Center is positive, the Secretary may provide \ncontinued funding for the Center through the sixth year of its \noperation at declining levels.\n ``(7)(A) After the sixth year of operation of a Center, the Center \nmay receive additional financial support under this section if the \nCenter has received a positive evaluation of its operation through an \nindependent review conducted under procedures established by the \nInstitute. Such independent review shall be undertaken for a Center not \nless often than every two years commencing after the sixth year of its \noperation.\n ``(B) The amount of funding received by a Center under this section \nfor any fiscal year of the Center after the sixth year of its operation \nmay not exceed an amount equal to one-third of the capital and annual \noperating and maintenance costs of the Center in such fiscal year under \nthe program.\n ``(8) The provisions of chapter 18 of title 35, United States Code, \nshall (to the extent not inconsistent with this section) apply to the \npromotion of technology from research by Centers under this section \nexcept for contracts for such specific technology extension or transfer \nservices as may be specified by statute or by the Director.\n ``(d)(1) In addition to such sums as may be appropriated to the \nSecretary and Director for purposes of the support of Centers under \nthis section, the Secretary and Director may accept funds from other \nFederal departments and agencies for such purposes.\n ``(2) The selection and operation of a Center under this section \nshall be governed by the provisions of this section, regardless of the \nFederal department or agency providing funds for the operation of the \nCenter.\n ``(e) In this section, the term `electronic commerce' means the \nbuying, selling, and delivery of goods and services, or the \ncoordination or conduct of economic activities within and among \norganizations, through computer networks.''.\n (b) Description of Program.--(1) Not later than 90 days after the \ndate of the enactment of this Act, the Secretary of Commerce shall \npublish in the Federal Register a proposal for the program required by \nsection 25A(c) of the National Bureau of Standards Act, as added by \nsubsection (a).\n (2) The proposal for the program under paragraph (1) shall \ninclude--\n (A) a description of the program;\n (B) procedures to be followed by applicants for support \n under the program;\n (C) criteria for determining qualified applicants under the \n program;\n (D) criteria, including the criteria specified in paragraph \n (4) of such section 25A(c), for choosing recipients of \n financial assistance under the program from among qualified \n applicants; and\n (E) maximum support levels expected to be available to \n Centers for the Transfer of Electronic Commerce Technology \n under the program in each year of assistance under the program.\n (3) The Secretary shall provide a 30-day period of opportunity for \npublic comment on the proposal published under paragraph (1).\n (4) Upon completion of the period referred to in paragraph (3), the \nSecretary shall publish in the Federal Register a final version of the \nprogram referred to in paragraph (1). The final version of the program \nshall take into account public comments received by the Secretary under \nparagraph (3).\n (c) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated for the Department of Commerce each fiscal year such \namounts as may be required during such fiscal year for purposes of \nactivities under section 25A of the National Bureau of Standards Act, \nas added by subsection (a).","summary":"Electronic Commerce Extension Establishment Act of 1999 - Amends the National Bureau of Standards Act to direct the Secretary of Commerce to provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (Centers). Requires the Centers to be affiliated with any US-based nonprofit institution or organization that applies for and is awarded financial assistance under this Act. Outlines objectives of the Centers, including aiding small businesses, especially those located in rural areas, in identifying and adopting electronic commerce technologies and business practices. Defines electronic commerce as the ability to buy, sell, and deliver goods and services through computer networks. Requires such Centers to: (1) establish electronic commerce demonstration systems for technology transfer. And (2) transfer and disseminate research findings and Center expertise to companies and enterprises, particularly small businesses. Authorizes the Secretary to provide financial support to a Center for such activities and objectives. Outlines application requirements for such assistance. Requires Centers receiving assistance to be evaluated during the third year of operation by a panel of private experts. Requires a positive finding from such panel before a Center may receive such assistance for its fourth through sixth years. Requires independent review of a Center every two years after the sixth year, to be conducted under procedures established by the National Institutes of Standards and Technology. Provides Center funding limitations. Requires the Secretary to publish a proposal for the assistance program provided under this Act, as well as a final program. Authorizes appropriations.","title":"Electronic Commerce Extension Establishment Act of 1999","text_len":12375,"sum_len":1754} {"bill_id":"115_hr5796","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Responsible Education Achieves Care \nand Healthy Outcomes for Users' Treatment Act of 2018'' or the ``REACH \nOUT Act of 2018''.\n\nSEC. 2. GRANTS TO PROVIDE TECHNICAL ASSISTANCE TO OUTLIER PRESCRIBERS \n OF OPIOIDS.\n\n (a) Grants Authorized.--The Secretary of Health and Human Services \n(in this section referred to as the ``Secretary'') shall, through the \nCenters for Medicare & Medicaid Services, award grants, contracts, or \ncooperative agreements to eligible entities for the purposes described \nin subsection (b).\n (b) Use of Funds.--Grants, contracts, and cooperative agreements \nawarded under subsection (a) shall be used to support eligible entities \nthrough technical assistance--\n (1) to educate and provide outreach to outlier prescribers \n of opioids about best practices for prescribing opioids;\n (2) to educate and provide outreach to outlier prescribers \n of opioids about non-opioid pain management therapies; and\n (3) to reduce the amount of opioid prescriptions prescribed \n by outlier prescribers of opioids.\n (c) Application.--Each eligible entity seeking to receive a grant, \ncontract, or cooperative agreement under subsection (a) shall submit to \nthe Secretary an application, at such time, in such manner, and \ncontaining such information as the Secretary may require.\n (d) Geographic Distribution.--In awarding grants, contracts, and \ncooperative agreements under this section, the Secretary shall \nprioritize establishing technical assistance resources in each State.\n (e) Definitions.--In this section:\n (1) Eligible entity.--The term ``eligible entity'' means--\n (A) an organization--\n (i) that has demonstrated experience \n providing technical assistance to health care \n professionals on a State or regional basis; and\n (ii) that has at least--\n (I) one individual who is a \n representative of consumers on its \n governing body; and\n (II) one individual who is a \n representative of health care providers \n on its governing body; or\n (B) an entity that is a quality improvement entity \n with a contract under part B of title XI of the Social \n Security Act (42 U.S.C. 1320c et seq.).\n (2) Outlier prescriber of opioids.--The term ``outlier \n prescriber of opioids'' means a prescriber, identified by the \n Secretary of Health and Human Services (through use of \n prescriber information provided by prescriber National Provider \n Identifiers included pursuant to section 1860D-4(c)(4)(A) of \n the Social Security Act (42 U.S.C. 1395w-104(c)(4)(A)) on \n claims for covered part D drugs for part D eligible individuals \n enrolled in prescription drug plans under part D of title XVIII \n of such Act (42 U.S.C. 1395w-101 et seq.) and MA-PD plans under \n part C of such title (42 U.S.C. 1395w-21 et seq.)) as \n prescribing, as compared to other prescribers in the specialty \n of the prescriber and geographic area, amounts of opioids in \n excess of a threshold (and other criteria) specified by the \n Secretary, after consultation with stakeholders.\n (3) Prescribers.--The term ``prescriber'' means any health \n care professional, including a nurse practitioner or physician \n assistant, who is licensed to prescribe opioids by the State or \n territory in which such professional practices.\n (f) Funding.--For purposes of implementing this section, $75 \nmillion shall be available from the Federal Supplementary Medical \nInsurance Trust Fund under section 1841 of the Social Security Act (42 \nU.S.C. 1395t), to remain available until expended.\n\nSEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE.\n\n Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is \namended by adding at the end the following new paragraph:\n ``(7)(A) With respect to expenditures described in subparagraph (B) \nthat are incurred by a State for any fiscal year after fiscal year 2025 \n(and before fiscal year 2029), in determining the pro rata share to \nwhich the United States is equitably entitled under subsection (d)(3), \nthe Secretary shall substitute the Federal medical assistance \npercentage that applies for such fiscal year to the State under section \n1905(b) (without regard to any adjustments to such percentage \napplicable under such section or any other provision of law) for the \npercentage that applies to such expenditures under section 1905(y).\n ``(B) Expenditures described in this subparagraph, with respect to \na fiscal year to which subparagraph (A) applies, are expenditures \nincurred by a State for payment for medical assistance provided to \nindividuals described in subclause (VIII) of section 1902(a)(10)(A)(i) \nby a managed care entity, or other specified entity (as defined in \nsubparagraph (D)(iii)), that are treated as remittances because the \nState--\n ``(i) has satisfied the requirement of section 438.8 of \n title 42, Code of Federal Regulations (or any successor \n regulation), by electing--\n ``(I) in the case of a State described in \n subparagraph (C), to apply a minimum medical loss ratio \n (as defined in subparagraph (D)(ii)) that is at least \n 85 percent but not greater than the minimum medical \n loss ratio (as so defined) that such State applied as \n of May 31, 2018; or\n ``(II) in the case of a State not described in \n subparagraph (C), to apply a minimum medical loss ratio \n that is equal to 85 percent; and\n ``(ii) recovered all or a portion of the expenditures as a \n result of the entity's failure to meet such ratio.\n ``(C) For purposes of subparagraph (B), a State described in this \nsubparagraph is a State that as of May 31, 2018, applied a minimum \nmedical loss ratio (as calculated under subsection (d) of section 438.8 \nof title 42, Code of Federal Regulations (as in effect on June 1, \n2018)) for payment for services provided by entities described in such \nsubparagraph under the State plan under this title (or a waiver of the \nplan) that is equal to or greater than 85 percent.\n ``(D) For purposes of this paragraph:\n ``(i) The term `managed care entity' means a medicaid \n managed care organization described in section \n 1932(a)(1)(B)(i).\n ``(ii) The term `minimum medical loss ratio' means, with \n respect to a State, a minimum medical loss ratio (as calculated \n under subsection (d) of section 438.8 of title 42, Code of \n Federal Regulations (as in effect on June 1, 2018)) for payment \n for services provided by entities described in subparagraph (B) \n under the State plan under this title (or a waiver of the \n plan).\n ``(iii) The term `other specified entity' means--\n ``(I) a prepaid inpatient health plan, as defined \n in section 438.2 of title 42, Code of Federal \n Regulations (or any successor regulation); and\n ``(II) a prepaid ambulatory health plan, as defined \n in such section (or any successor regulation).''.\n\n Passed the House of Representatives June 19, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Responsible Education Achieves Care and Healthy Outcomes for Usersrsquo. Treatment Act of 2018 or the REACH OUT Act of 2018 This bill requires the Centers for Medicare amp. Medicaid Services to award grants, contracts, or cooperative agreements to qualifying organizations in order to support efforts to curb outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations.","title":"Responsible Education Achieves Care and Healthy Outcomes for Users\u2019 Treatment Act of 2018","text_len":7945,"sum_len":624} {"bill_id":"107_s540","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reserve Component Tax Assistance Act \nof 2001''.\n\nSEC. 2. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE \n COMPONENT.\n\n (a) Deduction Allowed.--Section 162 of the Internal Revenue Code of \n1986 (relating to certain trade or business expenses) is amended by \nredesignating subsection (p) as subsection (q) and inserting after \nsubsection (o) the following new subsection:\n ``(p) Treatment of Expenses of Members of Reserve Component of \nArmed Forces of the United States.--For purposes of subsection (a), in \nthe case of an individual who performs services as a member of a \nreserve component of the Armed Forces of the United States at any time \nduring the taxable year, such individual shall be deemed to be away \nfrom home in the pursuit of a trade or business during any period for \nwhich such individual is away from home in connection with such \nservice.''.\n (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.--\nSection 62(a)(2) of the Internal Revenue Code of 1986 (relating to \ncertain trade and business deductions of employees) is amended by \nadding at the end the following new subparagraph:\n ``(D) Certain expenses of members of reserve \n components of the armed forces of the united states.--\n The deductions allowed by section 162 which consist of \n expenses paid or incurred by the taxpayer in connection \n with the performance of services by such taxpayer as a \n member of a reserve component of the Armed Forces of \n the United States.''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years beginning after \nDecember 31, 2001.\n\nSEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45E. RESERVE COMPONENT EMPLOYMENT CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, the reserve \ncomponent employment credit determined under this section is an amount \nequal to the sum of--\n ``(1) the employment credit with respect to all qualified \n employees of the taxpayer, plus\n ``(2) the self-employment credit of a qualified self-\n employed taxpayer.\n ``(b) Employment Credit.--For purposes of this section--\n ``(1) In general.--The employment credit with respect to a \n qualified employee of the taxpayer for any taxable year is \n equal to 50 percent of the amount of qualified compensation \n that would have been paid to the employee with respect to all \n periods during which the employee participates in qualified \n reserve component duty to the exclusion of normal employment \n duties, including time spent in a travel status had the \n employee not been participating in qualified reserve component \n duty. The employment credit, with respect to all qualified \n employees, is equal to the sum of the employment credits for \n each qualified employee under this subsection.\n ``(2) Qualified compensation.--When used with respect to \n the compensation paid or that would have been paid to a \n qualified employee for any period during which the employee \n participates in qualified reserve component duty, the term \n `qualified compensation' means compensation--\n ``(A) which is normally contingent on the \n employee's presence for work and which would be \n deductible from the taxpayer's gross income under \n section 162(a)(1) if the employee were present and \n receiving such compensation, and\n ``(B) which is not characterized by the taxpayer as \n vacation or holiday pay, or as sick leave or pay, or as \n any other form of pay for a nonspecific leave of \nabsence, and with respect to which the number of days the employee \nparticipates in qualified reserve component duty does not result in any \nreduction in the amount of vacation time, sick leave, or other \nnonspecific leave previously credited to or earned by the employee.\n ``(3) Qualified employee.--The term `qualified employee' \n means a person who--\n ``(A) has been an employee of the taxpayer for the \n 21-day period immediately preceding the period during \n which the employee participates in qualified reserve \n component duty, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States as \n defined in sections 10142 and 10101 of title 10, United \n States Code.\n ``(c) Self-Employment Credit.--\n ``(1) In general.--The self-employment credit of a \n qualified self-employed taxpayer for any taxable year is equal \n to 50 percent of the excess, if any, of--\n ``(A) the self-employed taxpayer's average daily \n self-employment income for the taxable year over\n ``(B) the average daily military pay and allowances \n received by the taxpayer during the taxable year, while \n participating in qualified reserve component duty to \n the exclusion of the taxpayer's normal self-employment \n duties for the number of days the taxpayer participates \n in qualified reserve component duty during the taxable \n year, including time spent in a travel status.\n ``(2) Average daily self-employment income and average \n daily military pay and allowances.--As used with respect to a \n self-employed taxpayer--\n ``(A) the term `average daily self-employment \n income' means the self-employment income (as defined in \n section 1402) of the taxpayer for the taxable year \n divided by the difference between--\n ``(i) 365, and\n ``(ii) the number of days the taxpayer \n participates in qualified reserve component \n duty during the taxable year, including time \n spent in a travel status, and\n ``(B) the term `average daily military pay and \n allowances' means--\n ``(i) the amount paid to the taxpayer \n during the taxable year as military pay and \n allowances on account of the taxpayer's \n participation in qualified reserve component \n duty, divided by\n ``(ii) the total number of days the \n taxpayer participates in qualified reserve \n component duty, including time spent in travel \n status.\n ``(3) Qualified self-employed taxpayer.--The term \n `qualified self-employed taxpayer' means a taxpayer who--\n ``(A) has net earnings from self-employment (as \n defined in section 1402) for the taxable year, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States.\n ``(d) Credit In Addition to Deduction.--The employment credit \nprovided in this section is in addition to any deduction otherwise \nallowable with respect to compensation actually paid to a qualified \nemployee during any period the employee participates in qualified \nreserve component duty to the exclusion of normal employment duties.\n ``(e) Limitations.--\n ``(1) Maximum credit.--\n ``(A) In general.--The credit allowed by subsection \n (a) for the taxable year--\n ``(i) shall not exceed $7,500 in the \n aggregate, and\n ``(ii) shall not exceed $2,000 with respect \n to each qualified employee.\n ``(B) Controlled groups.--For purposes of applying \n the limitations in subparagraph (A)--\n ``(i) all members of a controlled group \n shall be treated as one taxpayer, and\n ``(ii) such limitations shall be allocated \n among the members of such group in such manner \n as the Secretary may prescribe.\n For purposes of this subparagraph, all persons treated \n as a single employer under subsection (a) or (b) of \n section 52 or subsection (m) or (o) of section 414 \n shall be treated as members of a controlled group.\n ``(2) Disallowance for failure to comply with employment or \n reemployment rights of members of the reserve components of the \n armed forces of the united states.--No credit shall be allowed \nunder subsection (a) to a taxpayer for--\n ``(A) any taxable year in which the taxpayer is \n under a final order, judgment, or other process issued \n or required by a district court of the United States \n under section 4323 of title 38 of the United States \n Code with respect to a violation of chapter 43 of such \n title, and\n ``(B) the two succeeding taxable years.\n ``(3) Disallowance with respect to persons ordered to \n active duty for training.--No credit shall be allowed under \n subsection (a) to a taxpayer with respect to any period for \n which the person on whose behalf the credit would otherwise be \n allowable is called or ordered to active duty for any of the \n following types of duty:\n ``(A) active duty for training under any provision \n of title 10, United States Code,\n ``(B) training at encampments, maneuvers, outdoor \n target practice, or other exercises under chapter 5 of \n title 32, United States Code, or\n ``(C) full-time National Guard duty, as defined in \n section 101(d)(5) of title 10, United States Code.\n ``(f) General Definitions and Special Rules.--\n ``(1) Military pay and allowances.--The term `military pay' \n means pay as that term is defined in section 101(21) of title \n 37, United States Code, and the term `allowances' means the \n allowances payable to a member of the Armed Forces of the \n United States under chapter 7 of that title.\n ``(2) Qualified reserve component duty.--The term \n `qualified reserve component duty' includes only active duty \n performed, as designated in the reservist's military orders, in \n support of a contingency operation as defined in section \n 101(a)(13) of title 10, United States Code.\n ``(3) Normal employment and self-employment duties.--A \n person shall be deemed to be participating in qualified reserve \n component duty to the exclusion of normal employment or self-\n employment duties if the person does not engage in or undertake \n any substantial activity related to the person's normal \n employment or self-employment duties while participating in \n qualified reserve component duty unless in an authorized leave \n status or other authorized absence from military duties. If a \n person engages in or undertakes any substantial activity \n related to the person's normal employment or self-employment \n duties at any time while participating in a period of qualified \n reserve component duty, unless during a period of authorized \n leave or other authorized absence from military duties, the \n person shall be deemed to have engaged in or undertaken such \n activity for the entire period of qualified reserve component \n duty.\n ``(4) Certain rules to apply.--Rules similar to the rules \n of subsections (c), (d), and (e) of section 52 shall apply for \n purposes of this section.''.\n (b) Conforming Amendment.--Section 38(b) of the Internal Revenue \nCode of 1986 (relating to general business credit) is amended--\n (1) by striking ``plus'' at the end of paragraph (12),\n (2) by striking the period at the end of paragraph (13) and \n inserting ``, plus'', and\n (3) by adding at the end the following new paragraph:\n ``(14) the reserve component employment credit determined \n under section 45E(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45D the \nfollowing new item:\n\n ``Sec. 45E. Reserve component employment \n credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Reserve Component Tax Assistance Act of 2001 - Amends the Internal Revenue Code to allow as a business or trade deduction the expenses of a member of the reserve component of the US armed forces in connection with such service. Makes such deduction available to itemizers and non-itemizers. Establishes related reserve component business-related employment and self-employment credits.","title":"A bill to amend the Internal Revenue Code of 1986 to allow as a deduction in determining adjusted gross income the deduction for expenses in connection with services as a member of a reserve component of the Armed Forces of the United States, to allow employers a credit against income tax with respect to employees who participate in the military reserve components, and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes.","text_len":13603,"sum_len":385} {"bill_id":"112_s1054","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fighting Fraud in Bankruptcy Act of \n2011''.\n\nSEC. 2. REMEDIES FOR NEGLIGENT, RECKLESS, OR FRAUDULENT ASSERTION OF \n CLAIM.\n\n Chapter 1 of title 11, United States Code, is amended by adding at \nthe end the following:\n``Sec. 113. Remedies for negligent, reckless, or fraudulent assertion \n of claim\n ``(a) In this section--\n ``(1) a person `asserts a claim' by, without limitation, \n preparing, signing, filing, submitting, or later advocating a \n proof of claim under section 501 of this title, a motion \n seeking relief from the stay imposed under section 362 of this \n title, or other paper, representing to the court that a claim \n is owed or that it is owed in a specific amount;\n ``(2) a person who assists another person in asserting a \n claim shall also be deemed to have asserted the claim, \n including--\n ``(A) any officer, director, employee, or agent of \n the person asserting a claim; and\n ``(B) any attorney, accountant, or other \n professional person who is employed by or is assisting \n the person asserting a claim; and\n ``(3) the term `relief' means, without limitation, and in \n addition to any legal, equitable, monetary or injunctive relief \n otherwise available under any provision of this title or other \n provision of law, or under a court's inherent powers--\n ``(A) an order or judgment imposing upon a person \n in one or more cases, wherever situated, in which the \n person has asserted a claim or claims in violation of \n subsection (b) a civil penalty of not more than $5,000 \n for each such claim;\n ``(B) an order or judgment requiring a person in \n one or more cases, wherever situated, in which the \n person has asserted a claim or claims in violation of \n subsection (b), to pay actual damages to an injured \n debtor, or trustee; and\n ``(C) an order or judgment imposing upon a person \n in one or more cases, wherever situated, in which the \n person has asserted, or could assert, a claim or claims \n in violation of subsection (b) of this section, other \n prospective or retrospective relief, including but not \n limited to declaratory relief, injunctive relief, or an \n auditing requirement.\n ``(b) Notwithstanding any other provision of Federal or State law, \nand in addition to any other remedy provided under Federal or State \nlaw, if a court, on its own motion or on the motion of the United \nStates trustee (or bankruptcy administrator, if any), finds, based upon \na preponderance of the evidence, that a person has, through negligence, \nrecklessness, or fraud, improperly asserted a claim in any case under \nchapter 7 or chapter 13 of this title before the court, the court may--\n ``(1) enter relief against the person in the case before \n the court; and\n ``(2) enter relief against the person in any other case \n under chapter 7 or chapter 13 that is pending or might \n thereafter be filed under this title, wherever situated, to the \n extent the court deems it necessary--\n ``(A) to rectify the person's negligent, reckless, \n or fraudulent assertion of a claim; or\n ``(B) to prevent the person from asserting any \n negligent, reckless, or fraudulent claim.\n ``(c)(1) Civil penalties imposed under this section in judicial \ndistricts served by United States trustees shall be paid to the United \nStates trustees, who shall deposit an amount equal to such fines in the \nUnited States Trustee Fund.\n ``(2) Civil penalties imposed under this section in judicial \ndistricts served by bankruptcy administrators shall be deposited as \noffsetting receipts to the fund established under section 1931 of title \n28, and shall remain available until expended to reimburse any \nappropriation for the amount paid out of such appropriation for \nexpenses of the operation and maintenance of the courts of the United \nStates.''.\n\nSEC. 3. DUTY OF THE UNITED STATES TRUSTEE TO ADDRESS CLAIMS.\n\n Section 586(a) of title 28, United States Code, is amended--\n (1) in paragraph (7)(C), by striking ``and'' at the end;\n (2) in paragraph (8), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(9) when the United States trustee deems it appropriate--\n ``(A) monitor and investigate the conduct of other \n parties in interest with respect to claims; and\n ``(B) take action that the United States trustee \n deems necessary to prevent or remedy any negligent, \n reckless, or fraudulent assertion of a claim, as \n defined in section 113(a) of title 11, by exercising \n any of the United States trustee's powers and \n authorities under this title and under title 11 \n respecting claims, including--\n ``(i) filing, pursuing, or commenting upon \n any action brought under section 113 of title \n 11; and\n ``(ii) filing, pursuing, or commenting upon \n any civil action, or upon any civil proceeding \n arising under title 11, or arising in or \n related to a case under title 11.''.\n\nSEC. 4. PROCEDURES FOR THE AUDITING OF PROOFS OF CLAIM.\n\n (a) Title 28.--Section 586 of title 28, United States Code, is \namended by adding at the end the following:\n ``(g)(1) Claims Audit Procedures.--\n ``(A) The Director of the Executive Office for United \n States Trustees shall establish audit procedures to determine \n the accuracy, veracity, and completeness of proofs of claim \n filed under section 501(a) of title 11, with respect to cases \n filed under chapter 7 or 13 of title 11, in which the debtor is \n an individual.\n ``(B) The procedures established pursuant to subparagraph \n (A) shall--\n ``(i) establish a method of selecting appropriate \n qualified persons to contract to perform audits;\n ``(ii) establish a method of selecting proofs of \n claim to be audited, except that the number of audits \n to be performed shall be within the sole discretion of \n the Director of the Executive Office for United States \n Trustees; and\n ``(iii) establish procedures for providing, not \n less frequently than annually, public information \n concerning the aggregate results of such audits, \n including the percentage of cases, by district, in \n which inaccurate, untrue, or incomplete proofs of claim \n were filed.\n ``(2) The United States trustee for each district is authorized to \ncontract with auditors to perform audits of proofs of claim designated \nby the United States trustee, in accordance with the procedures \nestablished under paragraph (1). An audit may, in the discretion of the \nUnited States trustee, encompass multiple proofs of claim filed by the \nsame entity in one case or multiple cases, whether in the same district \nor multiple districts. The United States trustees from multiple regions \nmay contract with a single auditor to audit proofs of claim filed by \nthe same entity in districts within their regions.\n ``(3)(A) The report of each audit performed pursuant to paragraph \n(2) shall be filed with the court where the case is pending and \ntransmitted to the United States trustee and to any trustee serving in \nthe case. Each such report shall clearly and conspicuously specify any \nfindings that the claim asserted in the proof of claim is--\n ``(i) not valid;\n ``(ii) not owed in the amount claimed; or\n ``(iii) not supported by adequate documentation.\n ``(B) If a claims audit report identifies deficiencies in the proof \nof claim as described in paragraph (2)(A), the United States trustee \nshall--\n ``(i) if appropriate, report the deficient filing to the \n United States Attorney pursuant to section 3057 of title 18; \n and\n ``(ii) if advisable, take appropriate action, including \n objecting to the proof of claim under section 502(b) of title \n 11, or commencing an action under section 113(b) of title 11, \n against entities responsible for the deficiencies.''.\n (b) Title 11.--Section 502(b) of title 11, United States Code, is \namended--\n (1) in paragraph (8), by striking ``or'' at the end;\n (2) in paragraph (9), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(10) the court finds the entity filing a proof of claim \n that was selected for audit under section 586(g) of title 28 \n failed to make available to the auditor for inspection \n necessary accounts, papers, documents, financial records, \n files, or other papers, that were requested by the auditor.''.\n\nSEC. 5. TREATMENT OF SERVICEMEMBERS IN FORECLOSURE.\n\n Section 362(d) of title 11, United States Code, is amended by \nadding at the end of the undesignated matter following paragraph (4) \nthe following: ``In any case under this title involving a \nservicemember, as defined in section 101 of the Servicemembers Civil \nRelief Act, to whom section 303 of that Act applies, no action may be \ntaken under this subsection unless the party in interest certifies, \nunder penalty of perjury, that the requirements of section 303 of the \nServicemembers Civil Relief Act have been met.''.\n\nSEC. 6. EFFECTIVE DATES.\n\n (a) Remedies; Duty To Address Claims.--The provisions of section \n113 and section 362(d) of title 11, United States Code, and paragraph \n(9) of section 586(a) of title 28, United States Code, added by this \nAct, shall become effective with respect to all cases filed or pending \nunder title 11, United States Code, on or after the date of enactment \nof this Act.\n (b) Auditing of Proofs of Claim.--Section 586(g) of title 28, \nUnited States Code, as added by this Act, shall become effective 18 \nmonths after the date of enactment of this Act for all cases filed or \npending on or after that date of enactment, except that the Director of \nthe Executive Office for United States Trustees may, in the sole \ndiscretion of the Director, establish an earlier effective date by \npublishing notice in the Federal Register at least 2 weeks before the \nproposed effective date.","summary":"Fighting Fraud in Bankruptcy Act of 2011 - Amends federal bankruptcy law to prescribe remedies, including civil penalties, for a negligent, reckless, or fraudulent assertion of claim in a bankruptcy proceeding under either chapter 7 (liquidation) or chapter 13 . Prohibits the court, in any case involving a service member, from granting relief from an automatic stay upon request of a party in interest unless such party certifies under penalty of perjury that the requirements of the Servicemembers Civil Relief Act pertaining to mortgages used as security on real or personal property have been met. Amends the federal judicial code to confer upon the US trustee the duty to exercise the trustee's powers and authorities to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim. Requires the Director of the Executive Office for US Trustees to establish specified audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under federal bankruptcy laws.","title":"A bill to address remedies in bankruptcy for negligent, reckless, or fraudulent assertion of claim.","text_len":11194,"sum_len":1017} {"bill_id":"113_hr2250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spending Reduction Act''.\n\nSEC. 2. REQUIREMENT FOR AGENCY REPORTS ON REDUCING DUPLICATION, \n ACHIEVING SAVINGS, AND ENHANCING REVENUE.\n\n (a) Report Requirement.--Not later than 90 days after the date of \nthe enactment of this Act, the head of each executive agency shall \nsubmit to the President and Congress a report on the implementation of \nrecommendations made by the following reports of the Government \nAccountability Office:\n (1) The March 2011 Government Accountability Office report \n to Congress titled ``Opportunities to Reduce Potential \n Duplication in Government Programs, Save Tax Dollars, and \n Enhance Revenue'' (GAO-11-318SP).\n (2) The February 2012 Government Accountability Office \n report to Congress titled ``Opportunities to Reduce \n Duplication, Overlap and Fragmentation, Achieve Savings, and \n Enhance Revenue'' (GAO-12-342SP).\n (3) The April 2013 Government Accountability Office report \n to Congress titled ``Actions Needed to Reduce Fragmentation, \n Overlap, and Duplication and Achieve Other Financial Benefits'' \n (GAO-13-279SP).\n (b) Matters Covered in Reports.--Each report required by subsection \n(a) shall include the following:\n (1) A discussion by the head of the executive agency of \n matters on which the agency agrees, disagrees, or partially \n agrees with the Government Accountability Office, and \n recommendations by the head of the agency for actions that \n should be taken in the agency as a result of the reports \n described in subsection (a).\n (2) An opinion by the Comptroller General of the United \n States on whether each such recommendation by the head of the \n executive agency under paragraph (1) is consistent with the \n intent of the Government Accountability Office reports \n described in subsection (a).\n (3) A proposal for legislative changes, if any, necessary \n to implement the recommendations by the head of the executive \n agency under paragraph (1).\n (4) A statement of the annual impact on costs to the \n Federal Government, including cost savings, expected to occur \n as a result of the implementation of such recommendations.\n (5) Such other information as the head of the executive \n agency determines appropriate.\n\nSEC. 3. IMPLEMENTATION.\n\n (a) Implementation.--Not later than 150 days after the date of the \nenactment of this Act, the head of each executive agency shall begin to \nimplement the recommendations submitted in the report by the head of \nthat agency under section 2, in order to eliminate, consolidate, \nstreamline, or better coordinate Government programs and agencies with \nduplicative, overlapping, or fragmented missions identified in the \nGovernment Accountability Office reports described in section 2(a).\n (b) Congressional Disapproval.--\n (1) The head of an executive agency may not carry out any \n recommendations contained in the report submitted to Congress \n under section 2 by the head of the agency if a joint resolution \n is enacted, in accordance with the provisions of section 4, \n disapproving such recommendations before the earlier of--\n (A) the end of the 45-day period beginning on the \n date on which the head of the executive agency submits \n such report; or\n (B) the adjournment of Congress sine die for the \n session during which such report is submitted.\n (2) For purposes of paragraph (1) of this subsection and \n subsections (a) and (b) of section 4, the days on which either \n House of Congress is not in session because of an adjournment \n of more than three days to a day certain shall be excluded in \n the computation of a period.\n\nSEC. 4. CONGRESSIONAL CONSIDERATION OF EXECUTIVE AGENCY REPORT.\n\n (a) Terms of the Resolution.--For purposes of section 3(b), the \nterm ``joint resolution'' means only a joint resolution which is \nintroduced within the 10-day period beginning on the date on which the \nhead of an executive agency submits the report relating to that \nexecutive agency to Congress under section 2, and--\n (1) which does not have a preamble;\n (2) the matter after the resolving clause of which is as \n follows: ``That Congress disapproves the recommendations as \n submitted by _____ on _____'', the first blank space being \n filled in with the title of the head of the executive agency \n submitting the report, and the second blank space being filled \n in with the appropriate date; and\n (3) the title of which is as follows: ``Joint resolution \n disapproving the recommendations of the ______.'', the blank \n space being filled in with the title of the head of the \n executive agency submitting the report.\n (b) Referral.--A resolution described in subsection (a) that is \nintroduced in the House of Representatives shall be referred to the \ncommittee with jurisdiction over the executive agency concerned. A \nresolution described in subsection (a) introduced in the Senate shall \nbe referred to the committee with jurisdiction over the executive \nagency concerned.\n (c) Discharge.--If the committee to which a resolution described in \nsubsection (a) is referred has not reported such a resolution (or an \nidentical resolution) by the end of the 20-day period beginning on the \ndate on which the head of the executive agency concerned submits the \nreport to the Congress under section 2, such committee shall be, at the \nend of such period, discharged from further consideration of such \nresolution, and such resolution shall be placed on the appropriate \ncalendar of the House involved.\n (d) Consideration.--(1) On or after the third day after the date on \nwhich the committee to which such a resolution is referred has \nreported, or has been discharged (under subsection (c)) from further \nconsideration of, such a resolution, it is in order (even though a \nprevious motion to the same effect has been disagreed to) for any \nMember of the respective House to move to proceed to the consideration \nof the resolution. A Member may make the motion only on the day after \nthe calendar day on which the Member announces to the House concerned \nthe Member's intention to make the motion, except that, in the case of \nthe House of Representatives, the motion may be made without such prior \nannouncement if the motion is made by direction of the committee to \nwhich the resolution was referred. All points of order against the \nresolution (and against consideration of the resolution) are waived. \nThe motion is highly privileged in the House of Representatives and is \nprivileged in the Senate and is not debatable. The motion is not \nsubject to amendment, or to a motion to postpone, or to a motion to \nproceed to the consideration of other business. A motion to reconsider \nthe vote by which the motion is agreed to or disagreed to shall not be \nin order. If a motion to proceed to the consideration of the resolution \nis agreed to, the respective House shall immediately proceed to \nconsideration of the joint resolution without intervening motion, \norder, or other business, and the resolution shall remain the \nunfinished business of the respective House until disposed of.\n (2) Debate on the resolution, and on all debatable motions and \nappeals in connection therewith, shall be limited to not more than 2 \nhours, which shall be divided equally between those favoring and those \nopposing the resolution. An amendment to the resolution is not in \norder. A motion further to limit debate is in order and not debatable. \nA motion to postpone, or a motion to proceed to the consideration of \nother business, or a motion to recommit the resolution is not in order. \nA motion to reconsider the vote by which the resolution is agreed to or \ndisagreed to is not in order.\n (3) Immediately following the conclusion of the debate on a \nresolution described in subsection (a) and a single quorum call at the \nconclusion of the debate if requested in accordance with the rules of \nthe appropriate House, the vote on final passage of the resolution \nshall occur.\n (4) Appeals from the decisions of the Chair relating to the \napplication of the rules of the Senate or the House of Representatives, \nas the case may be, to the procedure relating to a resolution described \nin subsection (a) shall be decided without debate.\n (e) Consideration by Other House.--(1) If, before the passage by \none House of a resolution of that House described in subsection (a), \nthat House receives from the other House a resolution described in \nsubsection (a), then the following procedures shall apply:\n (A) The resolution of the other House shall not be referred \n to a committee and may not be considered in the House receiving \n it except in the case of final passage as provided in \n subparagraph (B)(ii).\n (B) With respect to a resolution described in subsection \n (a) of the House receiving the resolution--\n (i) the procedure in that House shall be the same \n as if no resolution had been received from the other \n House; but\n (ii) the vote on final passage shall be on the \n resolution of the other House.\n (2) Upon disposition of the resolution received from the other \nHouse, it shall no longer be in order to consider the resolution that \noriginated in the receiving House.\n (f) Rules of the Senate and House.--This section is enacted by \nCongress--\n (1) as an exercise of the rulemaking power of the Senate \n and House of Representatives, respectively, and as such it is \n deemed a part of the rules of each House, respectively, but \n applicable only with respect to the procedure to be followed in \n that House in the case of a resolution described in subsection \n (a), and it supersedes other rules only to the extent that it \n is inconsistent with such rules; and\n (2) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 5. DEFINITION.\n\n In this Act, the term ``executive agency'' has the meaning provided \nin section 133 of title 41, United States Code.","summary":"Spending Reduction Act - Requires the head of each executive agency to submit to the President and Congress a report on the implementation of recommendations made by specified Government Accountability Office (GAO) reports on reducing duplication in government programs, achieving savings, and enhancing revenue. Requires: (1) such agency reports to include recommendations by the agency heads for actions that should be taken as a result of such GAO reports. And (2) agency heads to begin implementation of such recommendations in order to eliminate, consolidate, streamline, or better coordinate government programs and agencies with duplicative, overlapping, or fragmented missions identified in the GAO reports, unless Congress enacts a joint resolution disapproving them.","title":"Spending Reduction Act","text_len":10818,"sum_len":776} {"bill_id":"113_hr4888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coordinated Recovery Initiative for \nBabies Act of 2014'' or the ``CRIB Act of 2014''.\n\nSEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL \n ABSTINENCE SYNDROME.\n\n (a) Study.--The Secretary of Health and Human Services (in this Act \nreferred to as the ``Secretary'') shall conduct a study to identify--\n (1) the most effective and beneficial methods that are \n currently available to identify the need for treating and best \n treatment methods for, infants diagnosed with neonatal \n abstinence syndrome;\n (2) barriers, including associated costs and limitations or \n disparities in the availability or scope of health insurance \n coverage, that may hinder the clinical use of best practices by \n medical professionals and other health care providers for the \n identification and treatment of neonatal abstinence syndrome;\n (3) circumstances, such as populations with unique needs \n and health care settings with limited resources, that may \n require particularized best practices for medical professionals \n and other health care providers for the identification and \n treatment of neonatal abstinence syndrome;\n (4) existing surveillance measures within the Department of \n Health and Human Services (in this Act referred to as the \n ``Department'') and in State health agencies relating to \n neonatal abstinence syndrome; and\n (5) areas in which information on neonatal abstinence \n syndrome and its surrounding circumstances is insufficient, \n incomplete, or requires further study or analysis.\n (b) Advisory Panel.--\n (1) Establishment.--The Secretary shall convene an advisory \n panel (in this section referred to as the ``Panel'') to \n identify and compile the best practices under subsection (c). \n The Secretary shall reconvene the Panel for such purpose \n whenever the Secretary, with the advice of the Panel, \n determines updates are needed to the list of best practices \n under subsection (e), but no less than every 2 years.\n (2) Members.--The Panel shall be composed of 19 members, \n all of whom shall be medical professionals or health care \n providers with expertise in neonatal abstinence syndrome. \n Members shall represent the broad range of such professionals \n and providers necessary to identify and compile the best \n practices for identification and treatment of neonatal \n abstinence syndrome, including representatives of--\n (A) The American Academy of Family Physicians.\n (B) The American Academy of Pediatrics.\n (C) The American Academy of Physician Assistants.\n (D) The American College of Nurse-Midwives.\n (E) The American College of Obstetricians and \n Gynecologists.\n (F) The American Hospital Association.\n (G) The American Medical Association.\n (H) The American Nurses Association.\n (I) The American Pharmacists Association.\n (J) The American Public Health Association.\n (K) The American Society for Addiction Medicine.\n (L) The American Society of Anesthesiologists.\n (M) The Association of State and Territorial Health \n Professionals.\n (N) The Association of Women's Health, Obstetric, \n and Neonatal Nurses.\n (O) The Children's Hospital Association.\n (P) The National Association of Medicaid Directors.\n (Q) The National Association of Nurse Practitioners \n in Women's Health.\n (R) The National Association of Pediatric Nurse \n Practitioners.\n (S) The National Association of Social Workers.\n (3) Administrative support.--The Secretary shall provide \n appropriate administrative support, including technical \n assistance, to the Panel.\n (c) Best Practices; Plan; Report.--Not later than 12 months after \nthe date of enactment of this Act, the Secretary shall--\n (1)(A) identify and compile the best practices for medical \n professionals and other health care providers for identifying \n and treating neonatal abstinence syndrome; and\n (B) identify any gaps in best practices for medical \n professionals and other health care providers that may require \n additional research or analysis;\n (2) develop and implement a plan for the coordination and, \n if necessary, expansion and enhancement of public health \n surveillance of neonatal abstinence syndrome that--\n (A) identifies the data necessary for a public \n health response to neonatal abstinence syndrome;\n (B) identifies any gaps in current surveillance or \n coordination that results in the lack of collection of \n such data, including a lack of timeliness or \n standardization of data reporting;\n (C) makes recommendations and provides assistance \n to the States to implement effective measures to \n collect such necessary data by State health agencies; \n and\n (D) designates an appropriate agency in the \n Department to coordinate such data; and\n (3) not later than 18 months after the date of enactment of \n this Act, submit to the Congress a report containing the \n Secretary's findings and identifying issues that--\n (A) relate to neonatal abstinence syndrome, \n including its causes, identification, treatment, \n prevalence, and effects; and\n (B) public health issues related to neonatal \n abstinence syndrome that would benefit from further \n study.\n (d) Dissemination of Best Practices.--The Secretary--\n (1) shall disseminate the best practices identified and \n compiled under subsection (c), including any updates under \n subsection (e), directly or through arrangements with nonprofit \n organizations, government agencies, or the media;\n (2) shall post such best practices on the public Internet \n site of the Department; and\n (3) may include in such dissemination any supplemental \n information which the Secretary determines to be relevant and \n appropriate, in consultation with the Panel.\n (e) Updates to Best Practices.--The Secretary shall periodically, \nbut no less often than every 2 years, review the best practices \nidentified under subsection (c) to ensure that such best practices are \nup-to-date and reflect the views of the medical community, including \norganizations listed in subsection (b)(2).\n (f) Appropriate Agency.--In designating an appropriate agency \nwithin the Department under subsection (c), the Secretary shall \nconsider, among other factors, agency resources, purpose, expertise, \nand capability to conduct public health programs and research.","summary":"Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to study the treatment and surveillance of, and available information concerning, neonatal abstinence syndrome . Requires the Secretary to establish an advisory panel to identify and compile best practices and to disseminate the practices, including through the public HHS website. Requires a review of the best practices at least every two years.","title":"CRIB Act of 2014","text_len":7482,"sum_len":485} {"bill_id":"108_hr214","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Amendments Act of \n2003''.\n\nSEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964.\n\n (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights \nAct of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,'' \nand inserting ``religion, affectional or sexual orientation,''.\n (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by \nstriking ``religion,'' and inserting ``religion, affectional or sexual \norientation.''.\n (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C. \n2000b(a)) is amended by striking ``religion,'' and inserting \n``religion, affectional or sexual orientation,''.\n (c) Federally Assisted Programs.--Section 601 of such Act (42 \nU.S.C. 2000d) is amended by striking ``color,'' and inserting ``color, \naffectional or sexual orientation,''.\n (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b), \n703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of \nsuch Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), \n2000e-(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e-\n16(a)) are amended by striking ``sex,'' each place it appears and \ninserting ``sex, affectional or sexual orientation,''.\n (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended \nby striking ``sex'' and inserting ``sex, affectional or sexual \norientation,''.\n (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by \nstriking ``sex'' the first place it appears and inserting ``sex, \naffectional or sexual orientation,''.\n (4) The heading of section 703 of such Act is amended by striking \n``sex,'' and inserting ``sex, affectional or sexual orientation,''.\n (e) Intervention by Attorney General in Civil Rights Cases.--\nSection 902 of such Act (42 U.S.C. 2000h-2) is amended by striking \n``sex'' and inserting ``sex, affectional or sexual orientation,''.\n (f) Definition; Rules of Interpretation.--Title XI of such Act (42 \nU.S.C. 2000h et seq.) is amended by adding at the end the following new \nsection:\n\n ``affectional or sexual orientation\n\n ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI, \nVII, and IX of this Act, the term `affectional or sexual orientation' \nmeans male or female homosexuality, heterosexuality, and bisexuality by \norientation or practice, by and between consenting adults.\n ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be \nconstrued to permit or require--\n ``(A) that a finding of discrimination on the basis of \n affectional or sexual orientation be based on any statistical \n differences in the incidence of persons of a particular \n affectional or sexual orientation in the general population as \n opposed to the incidence of such persons in the activity \n concerned; or\n ``(B) the use of any quota as a remedy for discrimination \n on the basis of affectional or sexual orientation.\n ``(2) Nothing in this Act shall be construed to require any person \nto disclose a personal affectional or sexual orientation.''.\n\nSEC. 3. AMENDMENTS TO FAIR HOUSING ACT.\n\n (a) Housing Sale and Rental, Residential Real-Estate-Related \nTransactions, and Brokerage Services.--(1) Section 804 of the Civil \nRights Act of 1968 (42 U.S.C. 3604) is amended by striking \n``religion,'' each place it appears and inserting ``religion, \naffectional and sexual orientation (as such term is defined in section \n802(p)),''.\n (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking \n``religion,'' each place it appears and inserting ``religion, \naffectional or sexual orientation (as such term is defined in section \n802(p)),''.\n (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking \n``religion,'' and inserting ``religion, affectional or sexual \norientation (as such term is defined in section 802(p)),''.\n (b) Prevention of Intimidation.--Section 901 of the Civil Rights \nAct of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each \nplace it appears and inserting ``religion, affectional or sexual \norientation (as such term is defined in section 802(p)),''.\n (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42 \nU.S.C. 3602) is amended by adding at the end the following new \nsubsection:\n ``(p) `Affectional or sexual orientation' means male or female \nhomosexuality, heterosexuality, and bisexuality by orientation or \npractice, by and between consenting adults.''.\n (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights \nAct of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end \nthe following new section:\n\n ``rules of interpretation regarding affectional or sexual orientation\n\n ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in \nthis Act shall be construed to permit or require--\n ``(1) that a finding of discrimination on the basis of \n affectional or sexual orientation be based on any statistical \n differences in the incidence of persons of a particular \n affectional or sexual orientation in the general population as \n opposed to the incidence of such persons in the activity \n concerned; or\n ``(2) the use of any quota as a remedy for discrimination \n on the basis of affectional or sexual orientation.\n ``(b) Protection of Privacy Rights.--Nothing in this Act shall be \nconstrued to require any person to disclose a personal affectional or \nsexual orientation.''.\n (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by \nadding at the end the following new section:\n\n ``application of rules of interpretation regarding affectional or \n sexual orientation\n\n ``Sec. 902. The provisions of this title are subject to the rules \nof interpretation described in section 821 of this Act.''.\n \n\u001a","summary":"Civil Rights Amendments Act of 2003 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation with respect to: (1) public accommodations, (2) public facilities, (3) federally assisted programs, (5) equal employment opportunities, (6) housing sales and rentals, and (7) brokerage services.","title":"To amend the Civil Rights Act of 1964 and the Fair Housing Act to prohibit discrimination on the basis of affectional or sexual orientation, and for other purposes.","text_len":5964,"sum_len":345} {"bill_id":"111_s3881","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Justice for Sergei Magnitsky Act of \n2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States supports the people of the Russian \n Federation in their efforts to realize their full economic \n potential and to advance democracy, human rights, and the rule \n of law.\n (2) The Russian Federation--\n (A) is a member of the United Nations, the \n Organization for Security and Cooperation in Europe, \n and the International Monetary Fund;\n (B) has ratified the Convention against Torture and \n Other Cruel, Inhuman or Degrading Treatment or \n Punishment, the International Covenant on Civil and \n Political Rights, the International Covenant on \n Economic, Social and Cultural Rights, and the United \n Nations Convention against Corruption; and\n (C) is bound by the legal obligations set forth in \n the European Convention on Human Rights.\n (3) States voluntarily commit themselves to respect \n obligations and responsibilities through the adoption of \n international agreements and treaties, which must be observed \n in good faith in order to maintain the stability of the \n international order. Human rights are an integral part of \n international law, and lie at the foundation of the \n international order. The protection of human rights, therefore, \n particularly in the case of a country that has incurred \n obligations to protect human rights under an international \n agreement to which it is a party, is not left exclusively to \n the internal affairs of that country.\n (4) Good governance and anti-corruption measures are \n instrumental in the protection of human rights and in achieving \n sustainable economic growth, which benefits both the people of \n the Russian Federation and the international community through \n the creation of open and transparent markets.\n (5) Systemic corruption erodes trust and confidence in \n democratic institutions, the rule of law, and human rights \n protections. This is the case when public officials are allowed \n to abuse their authority with impunity for political or \n financial gains in collusion with private entities.\n (6) The President of the Russian Federation, Dmitry \n Medvedev, has addressed corruption in many public speeches, \n including stating in his 2009 address to Russia's Federal \n Assembly, ``[Z]ero tolerance of corruption should become part \n of our national culture. . . . In Russia we often say that \n there are few cases in which corrupt officials are prosecuted. \n . . . [S]imply incarcerating a few will not resolve the \n problem. But incarcerated they must be.''. President Medvedev \n went on to say, ``We shall overcome underdevelopment and \n corruption because we are a strong and free people, and deserve \n a normal life in a modern, prosperous democratic society.''. \n Furthermore, President Medvedev has acknowledged Russia's \n disregard for the rule of law and used the term ``legal \n nihilism'' to describe a criminal justice system that continues \n to imprison innocent people.\n (7) The systematic abuse of Sergei Magnitsky, including his \n repressive arrest and torture in custody by the same officers \n of the Ministry of the Interior of the Russian Federation that \n Mr. Magnitsky had implicated in the embezzlement of funds from \n the Russian Treasury and the misappropriation of 3 companies \n from his client, Hermitage, reflects how deeply the protection \n of human rights is affected by corruption.\n (8) The denial by all state bodies of the Russian \n Federation of any justice or legal remedies to Mr. Magnitsky \n during the nearly 12 full months he was kept without trial in \n detention, and the impunity of state officials he testified \n against for their involvement in corruption and the carrying \n out of his repressive persecution since his death, shows the \n politically motivated nature of the persecution of Mr. \n Magnitsky.\n (9) Mr. Magnitsky died on November 16, 2009, at the age of \n 37, in Matrosskaya Tishina Prison in Moscow, Russia, and is \n survived by a mother, a wife, and 2 sons.\n (10) There is extensive evidence that public officials from \n the Ministry of the Interior of the Russian Federation, the \n Russian federal tax authorities, the Prosecutor General's \n Office of the Russian Federation, and the Russian Federal \n Security Service, as well as regional courts and the prison \n system of the Russian Federation, have abused their powers and \n positions to commit serious human rights violations, embezzled \n funds from the Russian Treasury, and retaliated against \n whistleblowers.\n (11) While he was in detention, Sergei Magnitsky called \n himself a hostage of officials who misappropriated companies \n from his client, the Hermitage Fund, and embezzled funds from \n the Russian Treasury. He said that his criminal prosecution, \n arrest, and detention were organized as a retribution by police \n officers who had the full knowledge of his innocence.\n (12) The Public Oversight Commission of the City of Moscow \n for the Control of the Observance of Human Rights in Places of \n Forced Detention, an organization empowered by Russian law to \n independently monitor prison conditions, concluded, ``A man who \n is kept in custody and is being detained is not capable of \n using all the necessary means to protect either his life or his \n health. This is a responsibility of a state which holds him \n captive. Therefore, the case of Sergei Magnitsky can be \n described as a breach of the right to life. The members of the \n civic supervisory commission have reached the conclusion that \n Magnitsky had been experiencing both psychological and physical \n pressure in custody, and the conditions in some of the wards of \n Butyrka can be justifiably called torturous. The people \n responsible for this must be punished.''.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Admitted; alien; spouse.--The terms ``admitted'', \n ``alien'', and ``spouse'' have the meanings given those terms \n in section 101(a) of the Immigration and Nationality Act (8 \n U.S.C. 1101(a)).\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs and the \n Committee on Financial Services of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Banking, Housing, and Urban Affairs of the \n Senate.\n (3) Financial institution; domestic financial agency; \n domestic financial institution.--The terms ``financial \n institution'', ``domestic financial agency'', and ``domestic \n financial institution'' have the meanings given those terms in \n section 5312 of title 31, United States Code.\n (4) Parent.--The term ``parent'' has the meaning given that \n term in section 101(b) of the Immigration and Nationality Act \n (8 U.S.C. 1101(b)).\n (5) United states person.--The term ``United States \n person'' means--\n (A) a United States citizen or an alien lawfully \n admitted for permanent residence to the United States; \n or\n (B) an entity organized under the laws of the \n United States or of any jurisdiction within the United \n States, including a foreign branch of such an entity.\n\nSEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION, \n ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE \n CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON \n CERTAIN CORPORATE PROFITS.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of State, in consultation with the \nSecretary of the Treasury, shall publish a list of each individual the \nSecretary has reason to believe--\n (1) is responsible for the detention, abuse, or death of \n Sergei Magnitsky;\n (2) conspired to defraud the Russian Federation of taxes on \n corporate profits through fraudulent transactions and lawsuits \n against the foreign investment company known as Hermitage and \n to misappropriate entities owned or controlled by Hermitage; or\n (3) participated in efforts to conceal the detention, \n abuse, or death of Sergei Magnitsky described in paragraph (1) \n or the existence of the conspiracy described in paragraph (2).\n (b) Updates.--The Secretary of State shall update the list required \nby subsection (a) as new information becomes available.\n (c) Notice.--The Secretary of State shall, to the maximum extent \npracticable, provide notice and an opportunity for a hearing to an \nindividual before the individual is placed on the list required by \nsubsection (a).\n\nSEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.\n\n (a) Ineligibility for Visas.--An alien is ineligible to receive a \nvisa to enter the United States and ineligible to be admitted to the \nUnited States if the alien--\n (1) is an individual on the list required by section 4(a); \n or\n (2) is the spouse, son, daughter, or parent of an \n individual on that list.\n (b) Current Visas Revoked.--The Secretary of State shall revoke, in \naccordance with section 221(i) of the Immigration and Nationality Act \n(8 U.S.C. 1201(i)), the visa or other documentation of any alien who \nwould be ineligible to receive such a visa or documentation under \nsubsection (a).\n (c) Waiver for National Interests.--The Secretary of State may \nwaive the application of subsection (a) or (b) in the case of an alien \nif the Secretary determines that such a waiver is in the national \ninterests of the United States. Upon granting such a waiver, the \nSecretary shall provide to the appropriate congressional committees \nnotice of, and a justification for, the waiver.\n\nSEC. 6. FINANCIAL MEASURES.\n\n (a) Special Measures.--The Secretary of the Treasury shall instruct \ndomestic financial institutions and domestic financial agencies to take \n1 or more special measures described in section 5318A(b) of title 31, \nUnited States Code, if the Secretary of the Treasury makes a \ndetermination under section 5318A of such title with respect to money \nlaundering relating to the conspiracy described in section 4(a)(2).\n (b) Freezing of Assets.--The Secretary of the Treasury shall freeze \nand prohibit all transactions in all property and interests in property \nof an individual that are in the United States, that come within the \nUnited States, or that are or come within the possession or control of \na United States person if the individual--\n (1) is on the list required by section 4(a); or\n (2) acts as an agent of or on behalf of an individual on \n the list in a matter relating to an act described in paragraph \n (1), (2), or (3) of section 4(a).\n (c) Waiver for National Interests.--The Secretary of the Treasury \nmay waive the application of subsection (a) or (b) if the Secretary \ndetermines that such a waiver is in the national interests of the \nUnited States. Upon granting such a waiver, the Secretary shall provide \nto the appropriate congressional committees notice of, and a \njustification for, the waiver.\n (d) Regulatory Authority.--The Secretary of the Treasury shall \nissue such regulations, licenses, and orders as are necessary to carry \nout this section.\n (e) Enforcement.--A person that violates, attempts to violate, \nconspires to violate, or causes a violation of this section or any \nregulation, license, or order issued to carry out this section shall be \nsubject to the penalties set forth in subsections (b) and (c) of \nsection 206 of the International Emergency Economic Powers Act (50 \nU.S.C. 1705) to the same extent as a person that commits an unlawful \nact described in subsection (a) of such section.\n\nSEC. 7. REPORT TO CONGRESS.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of State and the Secretary of the \nTreasury shall submit to the appropriate congressional committees a \nreport on the actions taken to carry out this Act.\n (b) Updates.--The Secretary of State and the Secretary of the \nTreasury shall submit an updated version of the report required by \nsubsection (a) as new information becomes available.\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act shall take effect on the date that is 90 days after the \ndate of the enactment of this Act.\n\nSEC. 9. TERMINATION.\n\n The provisions of this Act shall cease to be effective on the date \non which the Secretary of State and the Secretary of the Treasury \ncertify to the appropriate congressional committees that--\n (1) the Government of the Russian Federation has conducted \n a thorough and impartial investigation into--\n (A) the detention, abuse, and resulting death in \n custody of Sergei Magnitsky; and\n (B) the conspiracy (described in section 4(a)(2)) \n to defraud the Russian Federation of taxes on corporate \n profits and to misappropriate entities owned or \n controlled by Hermitage;\n (2) the investigation described in paragraph (1) was \n properly conducted, transparent, and free of political \n influence;\n (3) the individuals responsible for the detention, abuse, \n or resulting death of Sergei Magnitsky or for the conspiracy \n referred to in paragraph (1)(B) have been brought to justice \n according to the laws of the Russian Federation and pursuant to \n the international legal obligations of the Russian Federation; \n and\n (4) the Government of the Russian Federation--\n (A) has taken significant steps to bring the \n criminal justice system and penal system of the Russian \n Federation into compliance with applicable \n international legal standards;\n (B) has substantially strengthened statutory \n protections for individuals who disclose evidence of \n illegal government activities; and\n (C) has recognized the contribution of Sergei \n Magnitsky to the fight against corruption and for the \n rule of law.","summary":"Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky. (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities. Or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy. Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the US national interest. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy. And (2) freeze and prohibit US property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the US national interest. States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations. And (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law.","title":"A bill to require the Secretary of State to identify individuals responsible for the detention, abuse, or death of Sergei Magnitsky or for the conspiracy to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage, and to impose a visa ban and certain financial measures with respect to such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes.","text_len":15386,"sum_len":2069} {"bill_id":"112_hr1969","text":"SECTION 1. REDUCTIONS IN CONTRIBUTIONS TO MULTIEMPLOYER PLANS TO \n IMPLEMENT SELF-HELP MEASURES ADOPTED BY LABOR AND \n MANAGEMENT.\n\n (a) Amendments to ERISA.--Section 305 of the Employee Retirement \nIncome Security Act of 1974 (29 U.S.C. 1085) is amended--\n (1) by redesignating subsection (i) as subsection (j); and\n (2) by inserting after subsection (h) the following:\n ``(i) Discretion To Accept Reduced Contributions.--\n ``(1) In general.--Notwithstanding any other provision of \n this section, during the funding plan adoption period, funding \n improvement period, rehabilitation plan adoption period, and \n the rehabilitation period, the Pension Benefit Guaranty \n Corporation may permit a plan sponsor to accept from an \n employer a ratified collective bargaining agreement with \n respect to the multiemployer plan that provides for a reduction \n in the level of contributions made by a contributing employer \n and appropriate reduction in level of future benefit accruals \n for any participants for a period of not more than 5 years (or \n such shorter period as determined by such Corporation) provided \n that such Corporation determines that--\n ``(A) the contributing employer will be unable to \n pay its debts when due and will be unable to continue \n business without a reduction in its contribution rates;\n ``(B) the aggregate withdrawal liability of the \n contributing employer with respect to all multiemployer \n pension plans exceeds $750,000,000, or such lower \n amount as determined to be appropriate by such \n Corporation;\n ``(C) there is substantial doubt as to the \n collectability of the withdrawal liability if the \n contributing employer were to withdraw from the plan;\n ``(D) the reduced contributions are not reasonably \n expected to have an adverse effect on the deficit of \n such Corporation;\n ``(E) other creditors, stakeholders, and other \n parties to which the contributing employer is obligated \n have accepted reductions that are comparable to those \n of the pension plan; and\n ``(F) such other conditions are satisfied as may be \n imposed in accordance with regulations prescribed by \n such Corporation.\n ``(2) Impact on withdrawal liability determinations.--Any \n reduction in the level of contributions under this subsection \n shall be disregarded in determining any limitation on annual \n payments under subparagraphs (B) and (C) of section 4219(c)(1) \n and in determining withdrawal liability under section 4201 with \n respect to the employer subject to the reduced contribution \n rate.''.\n (b) Amendments to Internal Revenue Code.--Section 432 of the \nInternal Revenue Code of 1986 is amended--\n (1) by redesignating subsection (i) as subsection (j); and\n (2) by inserting after subsection (h) the following:\n ``(i) Discretion To Accept Reduced Contributions.--\n ``(1) In general.--Notwithstanding any other provision of \n this section, during the funding plan adoption period, funding \n improvement period, rehabilitation plan adoption period, and \n the rehabilitation period, the Pension Benefit Guaranty \n Corporation may permit a plan sponsor to accept from an \n employer a ratified collective bargaining agreement with \n respect to the multiemployer plan that provides for a reduction \n in the level of contributions made by a contributing employer \n and appropriate reduction in level of future benefit accruals \n for any participants for a period of not more than 5 years (or \n such shorter period as determined by such Corporation) provided \n that such Corporation determines that--\n ``(A) the contributing employer will be unable to \n pay its debts when due and will be unable to continue \n business without a reduction in its contribution rates;\n ``(B) the aggregate withdrawal liability of the \n contributing employer with respect to all multiemployer \n pension plans exceeds $750,000,000, or such lower \n amount as determined by such Corporation;\n ``(C) there is substantial doubt as to the \n collectability of the withdrawal liability if the \n contributing employer were to withdraw from the plan;\n ``(D) the reduced contributions are not reasonably \n expected to have an adverse effect on the deficit of \n such Corporation;\n ``(E) other creditors, stakeholders, and other \n parties to which the contributing employer is obligated \n have accepted reductions that are comparable to those \n of the pension plan; and\n ``(F) such other conditions are satisfied as may be \n imposed in accordance with regulations prescribed by \n such Corporation.\n ``(2) Impact on withdrawal liability determinations.--Any \n reduction in the level of contributions under this subsection \n shall be disregarded in determining any limitation on annual \n payments under subparagraphs (B) and (C) of section 4219(c)(1) \n of the Employee Retirement Income Security Act of 1974 and in \n determining withdrawal liability under section 4201 of such Act \n with respect to the employer subject to the reduced \n contribution rate.''.\n (c) Technical and Conforming Amendments.--\n (1) Section 4971(g)(4)(C)(ii) of the Internal Revenue Code \n of 1986 is amended by striking ``432(i)(9)'' and inserting \n ``432(j)(9)''.\n (2) Sections 101(f)(2)(B) and 103(f)(1)(B) of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B) \n and 1023(f)(1)(B)) are each amended by striking ``305(i)'' each \n place such term appears and inserting ``305(j)''.","summary":"Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the Pension Benefit Guaranty Corporation (PBGC), provided certain conditions are met, to allow the sponsor of an underfunded multiemployer benefit plan to accept from an employer a ratified collective bargaining agreement that provides for a reduction in plan employer contributions as well as appropriate reduction in the level of future benefit accruals for plan participants for up to five years during the plan funding adoption period, funding improvement period, rehabilitation adoption period, and rehabilitation period. Conditions such an allowance upon the PBGC's determination that: (1) the contributing employer will be unable to pay its debts when due and to continue business without a reduction in its contribution rates. (2) the contributing employer's aggregate withdrawal liability with respect to all multiemployer pension plans exceeds $750 million. (3) the collectability of the withdrawal liability is very doubtful if the contributing employer were to withdraw from the plan. (4) the reduced contributions are not reasonably expected to have an adverse effect on the PBGC deficit. And (5) other creditors, stakeholders, and parties to which the contributing employer is obligated have accepted comparable reductions.","title":"To provide for private-sector solutions to certain pension funding challenges, and for other purposes.","text_len":6471,"sum_len":1347} {"bill_id":"109_hr3470","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accountability in Foster Care Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Key child welfare laws, such as the Adoption and Safe \n Families Act of 1997 (Public Law 105-89) and the John H. Chafee \n Foster Care Independence Act of 1999 (Public Law 106-169), \n emphasize the importance of monitoring States performances in \n providing for the safety, permanency, stability, and well-being \n of children in and emancipated from the foster care system via \n measurable outcome data.\n (2) Child welfare experts and government agents have \n identified serious problems with current efforts to measure \n program functioning related to children in foster care and \n emancipated youth, including--\n (A) Performance measures that prohibit examining \n children or success over time, overestimate the \n proportion of children reunified with families, and \n fail to consider the nature of the children (such as \n the severity of their problems, their age, and their \n urbanicity) served that could affect determinations of \n a State's success;\n (B) The failure of the Department of Health and \n Human Services to implement the National Youth in \n Transition Database to monitor States' performance \n related to youth aging out of the foster care system, \n as mandated by the Foster Care Independence Act of \n 1999; and\n (C) Findings by the Government Accountability \n Office that effective Federal oversight of the child \n welfare system requires reliable information on States' \n implementation efforts and that the ability of the \n Administration of Children and Families to monitor \n State performance continues to be hindered by an \n absence of standard, comprehensive information within \n and across State plans on each State's goals, services, \n and youth outcomes as measured against baselines of \n past achievement.\n\nSEC. 3. ADVISORY PANEL ON THE ADOPTION AND FOSTER CARE ANALYSIS AND \n REPORTING SYSTEM.\n\n (a) Establishment.--Not later than 90 days after the date of the \nenactment of this subsection, the Secretary shall establish an Advisory \nPanel (in this Act referred to as the ``Advisory Panel'') on the \nAdoption and Foster Care Analysis and Reporting System (in this Act \nreferred to as ``AFCARS'') to revise and monitor the data collection, \nanalysis, and reporting system designed to be used to assess and \nimprove State performance in operating child protection and child \nwelfare programs pursuant to parts B and E of title IV of the Social \nSecurity Act.\n (b) Functions.--The Advisory Panel established under subsection (a) \nshall--\n (1) no later than 6 months after its appointment, make \n written recommendations for changes in law or data collection \n procedures necessary to revise AFCARS to enable the revised \n AFCARS to--\n (A) longitudinally track child-specific outcomes \n (including maltreatment in foster care, number of \n foster care placements, maltreatment in foster care, \n and time to reunification, adoption, or legal \n guardianship) for children in or who have exited the \n foster care system through emancipation, adoption, or \n legal guardianship, developing appropriate timeframes \n for following children after exiting the system;\n (B) collect and analyze entry and exit cohort data;\n (C) be integrated with the National Youth in \n Transition Database to promote efficiency in data \n collection and to allow States to examine the \n relationships between the experiences of youths while \n in care and later transition outcomes; and\n (D) include outcome measures of child well-being \n (including education, health, mental health, and \n connection to adults);\n (2) monitor the implementation of these AFCARS improvements \n and propose improvements to other State performance measures \n related to provision of services to children and families, by--\n (A) convening not less frequently than annually to \n evaluate the quality of the revised AFCARS and make \n recommendations to the Secretary of Health and Human \n Services for continuing improvement in the quality of \n the system of data collection, analysis, and reporting;\n (B) developing a uniform reporting format for the \n Child and Family Services Plan and the Annual Progress \n and Services Report in developing services for children \n and families; and\n (C) proposing performance standards that allow for \n differences among States and characteristics among \n populations served (such as differences in the severity \n of problems faced by the population, age of the \n population, or urbanicity of the population) in \n understanding States performance; and\n (3) examining the feasibility of linking AFCARS and the \n National Child Abuse and Neglect Data Systems (NCANDS) to \n understand longitudinal outcomes of children who may be in both \n systems.\n (c) Membership.--\n (1) In general.--Subject to paragraph (2), the Secretary of \n Health and Human Services shall determine the membership and \n organization of the Advisory Panel.\n (2) Qualifications.--The membership of the Advisory Panel \n shall include--\n (A) representatives of State and local governmental \n agencies with responsibility for foster care and \n adoption services, which may include caseworkers \n responsible for input data used for AFCARS or other \n Federal child welfare data reporting systems;\n (B) representatives of research organizations and \n universities who focus on child welfare issues;\n (C) representatives of private, nonprofit \n organizations with an interest in child protection and \n child welfare, including those with demonstrated \n expertise in developing effective child welfare \n assessment tools;\n (D) representatives of Federal agencies responsible \n for the collection of child welfare data and \n statistics;\n (E) representatives of families of former foster \n children, including adoptive parents or guardians; and\n (F) representatives of juvenile, family, or \n dependency courts.\n (d) Use of Alternative Longitudinal Measures by States.--Until \nfinal regulations providing for implementation of the recommendations \nmade pursuant to this section are promulgated, the Secretary shall \nassess the extent to which a State is in compliance with a corrective \naction plan pursuant to section 1123A of the Social Security Act \nthrough use of such alternative longitudinal measures as the State may \nselect.\n (e) Permanency.--Section 14(a)(2) of the Federal Advisory Committee \nAct (5 U.S.C. App.) shall not apply to the Advisory Board.\n\nSEC. 4. REGULATIONS TO REVISE THE ADOPTION AND FOSTER CARE ANALYSIS AND \n REPORTING SYSTEM.\n\n (a) Notice of Proposed Regulations.--Not later than 12 months after \nthe date of the enactment of this Act, the Secretary of Health and \nHuman Services shall cause to be published in the Federal Register a \nnotice of proposed regulations to revise AFCARS which details the plans \nand timetable for implementing the regulations described in subsection \n(b).\n (b) Content of Proposed Regulations.--The proposed regulations \nshall be based on the recommendations provided by the Advisory Panel, \nand shall--\n (1) permit longitudinal analysis of child-specific \n outcomes, including analysis of entry and exit cohort data for \n children in and emancipated from foster care;\n (2) permit AFCARS to be integrated with the planned \n National Youth in Transition Database; and\n (3) contain such other rules as may be necessary to ensure \n that the revised AFCARS can perform the functions described in \n section 3(b).\n (c) Final Regulations.--Not later than 6 months after the notice \nrequired by subsection (a) is published, the Secretary of Health and \nHuman Services shall publish final regulations to revise AFCARS in the \nmanner described in this section.","summary":"Accountability in Foster Care Act - Directs the Secretary of Health and Human Services to establish an Advisory Panel on the Adoption and Foster Care Analysis and Reporting System (AFCARS) to revise and monitor the data collection, analysis, and reporting system designed to be used to assess and improve state performance in operating child protection and child welfare programs . Directs the Secretary to publish notice of proposed regulations, based on Advisory Panel recommendations, and final regulations to revise AFCARS. Requires such regulations to: (1) permit longitudinal analysis of child-specific outcomes, including analysis of entry and exit cohort data for children in and emancipated from foster care. (2) permit AFCARS to be integrated with the planned National Youth in Transition Database. And (3) contain any other rules necessary to ensure that the revised AFCARS can perform specified functions.","title":"To strengthen the accountability of the child welfare system in its mandate to ensure the safety, permanence, and well-being of children who are victims of abuse and neglect.","text_len":9248,"sum_len":917} {"bill_id":"112_s1734","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Generating Antibiotic Incentives Now \nAct of 2011''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n The table of contents of this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\nSec. 3. Extension of exclusivity period for drugs.\nSec. 4. Additional extension of exclusivity period for qualified \n infectious disease products for which a \n companion diagnostic test is cleared or \n approved.\nSec. 5. Priority review.\nSec. 6. Fast track product.\nSec. 7. Study on incentives for qualified infectious disease biological \n products.\nSec. 8. Clinical trials.\n\nSEC. 3. EXTENSION OF EXCLUSIVITY PERIOD FOR DRUGS.\n\n (a) In General.--The Federal Food, Drug, and Cosmetic Act is \namended by inserting after section 505D (21 U.S.C. 355e) the following:\n\n``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED \n INFECTIOUS DISEASE PRODUCTS.\n\n ``(a) Extension.--If, prior to approval of a drug pursuant to an \napplication submitted under section 505(b), the Secretary determines \nthat the drug is a qualified infectious disease product, then the four- \nand five-year periods described in subsections (c)(3)(E)(ii) and \n(j)(5)(F)(ii) of section 505, the three-year periods described in \nclauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and \n(iv) of subsection (j)(5)(F) of section 505, or the seven-year period \ndescribed in section 527, as applicable, shall be extended by five \nyears.\n ``(b) Relation to Pediatric Exclusivity.--Any extension under \nsubsection (a) of a period shall be in addition to any extension of the \nperiod under section 505A with respect to the drug.\n ``(c) Limitations.--Subsection (a) does not apply to the approval \nof--\n ``(1) a supplement to an application under section 505(b) \n for any qualified infectious disease product for which an \n extension described in subsection (a) is in effect or has \n expired; or\n ``(2) a subsequent application filed by the same sponsor or \n manufacturer of a qualified infectious disease product \n described in paragraph (1) (or a licensor, predecessor in \n interest, or other related entity) for--\n ``(A) a change (not including a modification to the \n structure of the qualified infectious disease product) \n that results in a new indication, route of \n administration, dosing schedule, dosage form, delivery \n system, delivery device, or strength; or\n ``(B) a modification to the structure of the \n qualified infectious disease product that does not \n result in a change in safety or effectiveness.\n ``(d) Determination.--The manufacturer or sponsor of a drug may \nrequest the Secretary to designate a drug as a qualified infectious \ndisease product. Such a request for designation shall be made at least \n45 days before the submission of an application under section 505(b) \nfor such drug. The Secretary shall, not later than 30 days after the \nsubmission of such request, determine whether the drug is a qualified \ninfectious disease product.\n ``(e) Regulations.--The Secretary shall promulgate regulations for \ncarrying out this section. The Secretary shall promulgate the initial \nregulations for carrying out this section not later than 12 months \nafter the date of the enactment of this section.\n ``(f) Definitions.--In this section:\n ``(1) Qualified infectious disease product.--The term \n `qualified infectious disease product' means an antibiotic drug \n for treating, detecting, preventing, or identifying a \n qualifying pathogen.\n ``(2) Qualifying pathogen.--The term `qualifying pathogen' \n means--\n ``(A) resistant gram positive pathogens, including \n methicillin-resistant Staphylococcus aureus (MRSA), \n vancomycin-resistant Staphylococcus aureus (VRSA), and \n vancomycin-resistant enterococcus (VRE);\n ``(B) multi-drug resistant gram negative bacteria, \n including Acinetobacter, Klebsiella, Pseudomonas, and \n E. coli species;\n ``(C) multi-drug resistant tuberculosis; or\n ``(D) any other infectious pathogen identified for \n purposes of this section by the Secretary.''.\n (b) Application.--Section 505E of the Federal Food, Drug, and \nCosmetic Act, as added by subsection (a), applies only with respect to \na drug that is first approved under section 505(c) of such Act (21 \nU.S.C. 355(c)) on or after the date of the enactment of this Act.\n\nSEC. 4. ADDITIONAL EXTENSION OF EXCLUSIVITY PERIOD FOR QUALIFIED \n INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION \n DIAGNOSTIC TEST IS CLEARED OR APPROVED.\n\n The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), \nas amended by section 3, is further amended by inserting after section \n505E the following:\n\n``SEC. 505E-1. ADDITIONAL EXTENSION OF EXCLUSIVITY FOR QUALIFIED \n INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION \n DIAGNOSTIC TEST IS CLEARED OR APPROVED.\n\n ``(a) In General.--If the sponsor or manufacturer of a qualified \ninfectious disease product identifies in accordance with subsection (b) \na companion diagnostic test described in subsection (c), any period \nextended under section 505E(a) with respect to such product shall be \nfurther extended by 6 months.\n ``(b) Identification Requirements.--For purposes of subsection (a), \nthe identification of a companion diagnostic test shall--\n ``(1) be made in such manner as the Secretary may require; \n and\n ``(2) occur before the expiration of the period to be \n extended under subsection (a), not counting any extension to \n such period under section 505E(a) or 505A.\n ``(c) Companion Diagnostic Test.--For purposes of subsection (a), a \ndevice is a companion diagnostic test with respect to a qualified \ninfectious disease product if each of the following is met:\n ``(1) The device is determined by the Secretary under \n subsection (f) to be a test for diagnosis of a qualifying \n pathogen.\n ``(2) The qualified infectious disease product has been \n determined under section 505E(d) to be for treating, detecting, \n preventing, or identifying such qualifying pathogen.\n ``(3) The device is cleared under section 510(k) or \n approved under section 515.\n ``(4) The sponsor or manufacturer, as applicable, of the \n qualified infectious disease product has the exclusive rights \n to submit an identification under subsection (a) with respect \n to the device.\n ``(d) Relation to Pediatric Exclusivity.--Any extension under \nsubsection (a) of a period with respect to a qualified infectious \ndisease product shall be in addition to any extension of the period \nunder section 505A of this Act with respect to the product.\n ``(e) Limitations.--After the extension of any period under \nsubsection (a) with respect to a qualified infectious disease product \npursuant to the identification of a device as a companion diagnostic \ntest, subsection (a) does not authorize--\n ``(1) any subsequent extension with respect to such \n product; or\n ``(2) any extension with respect to any other product \n pursuant to identification of such device.\n ``(f) Determination.--The sponsor or manufacturer of a drug may \nrequest the Secretary to determine that a device is a test for \ndiagnosis of a qualifying pathogen. Such a request shall be made at \nleast 45 days before the submission of a notification under section \n510(k) or an application under section 515 for such device. The \nSecretary shall, not later than 30 days after the submission of such \nrequest, determine whether the device is a test for diagnosis of a \nqualifying pathogen.\n ``(g) Definitions.--In this section:\n ``(1) The term `qualified infectious disease product' means \n a drug that is determined to be a qualified infectious disease \n product under section 505E.\n ``(2) The term `qualifying pathogen' has the meaning given \n to such term in section 505E.''.\n\nSEC. 5. PRIORITY REVIEW.\n\n (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic \nAct is amended by inserting after section 524 (21 U.S.C. 360n) the \nfollowing:\n\n``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS.\n\n ``(a) In General.--If the Secretary makes a determination under \nsection 505E(c) that a drug is a qualified infectious disease product, \nthen the Secretary shall give priority review to any application \nsubmitted for approval for such drug under section 505(b).\n ``(b) Definition.--In this section, the term `priority review', \nwith respect to an application described in subsection (a), means \nreview and action by the Secretary on such application not later than 6 \nmonths after receipt by the Secretary of such application.''.\n (b) Application.--Section 524A of the Federal Food, Drug, and \nCosmetic Act, as added by subsection (a), applies only with respect to \nan application that is submitted under section 505(b) (21 U.S.C. \n355(b)) on or after the date of the enactment of this Act.\n\nSEC. 6. FAST TRACK PRODUCT.\n\n Paragraph (1) of section 506(a) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it \nis intended for the treatment of a serious or life-threatening \ncondition and it demonstrates the potential to address unmet medical \nneeds for such a condition'' the following: ``or if the Secretary \ndetermines under section 505E that the drug is a qualified infectious \ndisease product''.\n\nSEC. 7. STUDY ON INCENTIVES FOR QUALIFIED INFECTIOUS DISEASE BIOLOGICAL \n PRODUCTS.\n\n (a) In General.--The Comptroller General of the United States \nshall--\n (1) conduct a study on the need for incentives to encourage \n the research, development, and marketing of qualified \n infectious disease biological products; and\n (2) not later than 1 year after the date of the enactment \n of this Act, submit a report to the Congress on the results of \n such study, including any recommendations of the Comptroller \n General on appropriate incentives for addressing such need.\n (b) Definitions.--In this section:\n (1) The term ``biological product'' has the meaning given \n to such term in section 351 of the Public Health Service Act \n (42 U.S.C. 262).\n (2) The term ``qualified infectious disease biological \n product'' means a biological product for treating, detecting, \n preventing, or identifying a qualifying pathogen.\n (3) The term ``qualifying pathogen'' has the meaning given \n to such term in section 505E of the Federal Food, Drug, and \n Cosmetic Act, as added by section 3 of this Act.\n\nSEC. 8. CLINICAL TRIALS.\n\n (a) Review and Revision of Guidelines.--\n (1) In general.--Not later than 1 year after the date of \n the enactment of this Act, and not later than 4 years \n thereafter, the Secretary shall--\n (A) review the guidelines of the Food and Drug \n Administration for the conduct of clinical trials with \n respect to antibiotic drugs; and\n (B) as appropriate, revise such guidelines to \n reflect developments in scientific and medical \n information and technology and to ensure clarity \n regarding the procedures and requirements for approval \n of an antibiotic drug under chapter V of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).\n (2) Issues for review.--At a minimum, the review under \n paragraph (1) shall address the appropriate animal models of \n infection, in vitro techniques, valid micro-biological \n surrogate markers, the use of non-inferiority versus \n superiority trials, and appropriate delta values for non-\n inferiority trials.\n (3) Rule of construction.--Except to the extent to which \n the Secretary of Health and Human Services makes revisions \n under paragraph (1)(B), nothing in this section shall be \n construed to repeal or otherwise affect the guidelines of the \n Food and Drug Administration.\n (b) Recommendations for Investigations.--\n (1) Request.--The sponsor of a drug intended to be used to \n treat, detect, prevent, or identify a qualifying pathogen may \n request that the Secretary provide written recommendations for \n nonclinical and clinical investigations which may be conducted \n with the drug before it may be approved for such use under \n section 505 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 355).\n (2) Recommendations.--If the Secretary has reason to \n believe that a drug for which a request is made under this \n subsection is a qualified infections disease product, the \n Secretary shall provide the person making the request written \n recommendations for the nonclinical and clinical investigations \n which the Secretary believes, on the basis of information \n available to the Secretary at the time of the request, would be \n necessary for approval under section 505 of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use \n described in paragraph (1).\n (c) Definitions.--In this section:\n (1) The term ``drug'' has the meaning given to such term in \n section 201 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 321).\n (2) The term ``qualifying pathogen'' has the meaning given \n to such term in section 505E of the Federal Food, Drug, and \n Cosmetic Act, as added by section 3 of this Act.\n (3) The term ``Secretary'' means the Secretary of Health \n and Human Services, acting through the Commissioner of Food and \n Drugs.","summary":"Generating Antibiotic Incentives Now Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to extend the exclusivity period for a new prescription drug by five years for a drug that the Secretary of Health and Human Services (HHS) determines to be a qualified infectious disease product. Defines qualified infectious disease product to mean an antibiotic drug for treating, detecting, preventing, or identifying a qualifying pathogen . Excludes drugs that are: (1) a supplement to a new drug application for which an extension is in effect or has expired. Or (2) a subsequent application for a change that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device or strength, or a modification to the structure of the product that does not result in a change in safety or effectiveness. Extends such period of exclusivity an additional six months for a sponsor or manufacturer of a qualified infectious disease product that identifies a companion diagnostic test. Requires the Secretary to give priority review to any drug determined to be a qualified infectious disease product. Includes qualified infectious disease products as fast track products for which the Secretary shall facilitate development and expedite review. Directs the Comptroller General to study the need for incentives to encourage the research, development, and marketing of qualified infectious disease biological products. Requires the Secretary to: (1) review Food and Drug Administration (FDA) guidelines for clinical trials of antibiotic drugs. And (2) revise such guidelines, as appropriate, to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug.","title":"A bill to provide incentives for the development of qualified infectious disease products.","text_len":14523,"sum_len":1813} {"bill_id":"108_hr1583","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Occupational Safety and Health- \nFairness Act of 2003''.\n\nSEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH \n ACT.\n\n (a) Citation.--The second sentence of section 10(a) of the \nOccupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is \namended by inserting ``(unless such failure results from mistake, \ninadvertence, surprise, or excusable neglect)'' after ``assessment of \npenalty''.\n (b) Failure to Correct.--The second sentence of section 10(b) of \nthe Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is \namended by inserting ``(unless such failure results from mistake, \ninadvertence, surprise, or excusable neglect)'' after ``assessment of \npenalty''.\n\nSEC. 3. WILLFUL VIOLATIONS.\n\n Section 17(a) of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 666(a)) is amended by inserting at the end, ``A violation is \nwillful only if the employer (1) knew that the alleged condition \nviolated a standard, rule, order or regulation and, without a good \nfaith belief in the legality in its conduct, knowingly disregarded the \nrequirement of the standard, rule, order, or regulation, or (2) knew \nthat employees were, or that it was reasonably predictable that \nemployees would be, exposed to a hazard causing or likely to cause \ndeath or serious physical injury and recklessly disregarded the \nexposure of employees to that hazard.''.\n\nSEC. 4. FAIRNESS OF PENALTY ASSESSMENT\n\n Section 17(j) of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 666(j)) is amended--\n (1) by inserting the words, ``and de novo'' after the word \n ``due''; and\n (2) striking all after the word ``consideration'' and \n inserting in lieu thereof: ``to the evidence of the \n appropriateness of the penalty with respect to at least the \n following factors:\n ``(1) the size and financial condition of the business of \n the employer;\n ``(2) the gravity of the violation, considering the \n probability of harm, the nature and extent of the harm, the \n number of affected employees, and other relevant factors;\n ``(3) the good faith of the employer, including the \n employer's good faith efforts to comply or abate;\n ``(4) the history and recentness of substantially similar \n previous violations of the cited employer at the same \n nonconstruction worksite and at construction worksites within \n the same State; and\n ``(5) the degree of responsibility or culpability for the \n violation of the employer, the employees, and\/or other \n persons.''.\n\nSEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.\n\n (a) Amendments.--Section 12 of the Occupational Safety and Health \nAct of 1970 (29 U.S.C. 661) is amended as follows:\n (1) In subsection (a), by striking the word ``three'' and \n inserting in lieu thereof, the word ``five;'' and inserting \n before the word ``training'' the word ``legal''.\n (2) In subsection (b) by striking all after the words \n ``except that'' and inserting in lieu thereof, ``the President \n may extend the term of a member to allow a continuation in \n service at the pleasure of the President after the expiration \n of that member's term until a successor nominated by the \n President has been confirmed to serve. Any vacancy caused by \n the death, resignation, or removal of a member before the \n expiration of a term, for which he or she was appointed shall \n be filled only for the remainder of such expired term. A member \n of the Commission may be removed by the President for \n inefficiency, neglect of duty, or malfeasance in office.\n (3) Subsection (f) is amended to read as follows:\n ``(f) The Chairman of the Commission is authorized to delegate to \nany panel of three or more members any or all of the powers of the \nCommission. For the purpose of carrying out its functions under this \nchapter, 3 members of the Commission shall constitute a quorum, except \nthat 2 members shall constitute a quorum for any sub-panel designated \nby the Chairman under this subsection.''.\n (b) New Positions.--Of the two vacancies for membership on the \nCommission created by this section, one shall be filled by the \nPresident for a term expiring on April 27, 2006, and the other shall be \nfilled by the President for a term expiring on April 27, 2008.\n\nSEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS.\n\n The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and \nfollowing) is amended by redesignating section 32 through 34 as 33 \nthrough 35 and inserting the following new section after section 31:\n\n``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS.\n\n ``(a) Administrative Proceedings.--An employer who--\n ``(1) is the prevailing party in any adversary adjudication \n instituted under this Act, and\n ``(2) had not more than 100 employees and a net worth of \n not more than $1,500,000 at the time of the adversary \n adjudication was initiated,\nshall be awarded fees and other expenses as a prevailing party under \nsection 504 of title 5, United States Code, in accordance with the \nprovisions of that section, but without regard to whether the position \nof the Secretary was substantially justified or special circumstances \nmake an award unjust. For purposes of this section the term `adversary \nadjudication' has the meaning given that term in section 504(b)(1)(C) \nof title 5, United States Code.\n ``(b) Proceedings.-- An employer who--\n ``(1) is the prevailing party in any proceeding for \n judicial review of any action instituted under this Act, and\n ``(2) had not more than 100 employees and a net worth of \n not more than $1,500,000 at the time the action addressed under \n subsection (1) was filed,\nshall be awarded fees and other expenses as a prevailing party under \nsection 2412(d) of title 28, United States Code, in accordance with the \nprovisions of that section, but without regard to whether the position \nof the United States was substantially justified or special \ncircumstances make an award unjust. Any appeal of a determination of \nfees pursuant to subsection (a) of this subsection shall be determined \nwithout regard to whether the position of the United States was \nsubstantially justified or special circumstances make an award unjust.\n ``(c) Applicability.--\n ``(1) Commission proceedings.--Subsection (a) of this \n section applies to proceedings commenced on or after the date \n of enactment of this Act.\n ``(2) Court proceedings.--Subsection (b) of this section \n applies to proceedings for judicial review commenced on or \n after the date of enactment of this Act.''.\n\nSEC. 7. INDEPENDENT REVIEW.\n\n Section 11(a) of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 660) is amended by adding the following at the end thereof: \n``The conclusions of the Commission with respect to all questions of \nlaw shall be given deference if reasonable.''.","summary":"Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties. Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect. Limits what may be considered willful violations under OSHA. Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer. (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors, (3) employer's good faith, including efforts to comply or abate. (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State. And (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation. Increases OSHRC membership from three to five. Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees. And (2) $1,500,000 net worth. Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.","title":"To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative improvement, and for other purposes.","text_len":7264,"sum_len":1865} {"bill_id":"107_hr2614","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safety and Fuel Economy (SAFE) \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares the following:\n (1) Automobile fuel economy standards have played an \n important role in mitigating the increased consumption of \n gasoline and have resulted in lower fuel costs to consumers.\n (2) Such standards and the successful response of \n automobile manufacturers to those standards have been very \n effective in increasing automobile fuel efficiency, resulting \n in a near doubling of the passenger automobile fleet fuel \n economy between 1975 and the present.\n (3) In recent years, the average automobile fuel economy of \n the fleets of many automobile manufacturers has actually \n declined, while the size and horsepower of the fleets have \n increased. Overall, automobile and light truck average fuel \n economy in 2000 was at its lowest in 20 years.\n (4) Several Government studies agree that increased fuel \n efficiency is possible utilizing currently available technology \n and without significant changes in the size, mix, or \n performance of the fleet of automobiles. In addition, the \n safety of the current fleet of automobiles can be maintained \n and potentially improved through improved safety features.\n (5) With appropriate lead time, and by utilizing technology \n currently in production, passenger automobile average fuel \n economy of between 38 and 45 miles per gallon has been \n estimated by various experts to be feasible without significant \n changes in automobile size or performance. When technology \n currently in development becomes available, even higher levels \n of average fuel economy are possible.\n (6) Improved automobile average fuel economy standards can \n reduce carbon dioxide emissions, improve air quality, and \n potentially mitigate against global warming.\n\nSEC. 3. IMPROVING CRASH SAFETY OF AUTOMOBILES AND LIGHT TRUCKS IN \n COLLISIONS.\n\n (a) In General.--Subchapter II of chapter 301 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 30128. Crash safety of automobiles and light trucks in \n collisions\n ``(a) Motor Vehicle Safety Standard.--\n ``(1) Notice of proposed rulemaking.--Not later than June \n 1, 2002, the Secretary of Transportation shall issue a notice \n of proposed rulemaking to prescribe a new Federal motor vehicle \n safety standard to improve the crash safety of automobiles and \n light trucks in collisions.\n ``(2) CRAGG index.--The new standard prescribed under this \n subsection shall include a Crash Aggressivity index (in this \n section referred to as a `CRAGG index') that--\n ``(A) measures the aggressivity of a motor vehicle;\n ``(B) takes into account the stiffness, structure \n height, and mass of a vehicle; and\n ``(C) substantially improves the present crash \n safety of automobiles and light trucks by reducing the \n aggressivity of such vehicles.\n ``(3) Final rule.--Notwithstanding any other provision of \n law, the Secretary shall complete a rulemaking to prescribe \n such a standard by issuing, not later than June 1, 2003, a \n final rule with any provision the Secretary considers \n appropriate, consistent with this subsection and the \n requirements of section 30111 of title 49, United States Code.\n ``(4) Effective date.--The Secretary shall specify in the \n final rule issued under this subsection that the rule--\n ``(A) shall become effective in phases as rapidly \n as practicable, beginning September 1, 2005; and\n ``(B) shall be fully effective for all vehicles \n identified in section 30127(b) of title 49, United \n States Code, that are manufactured on and after \n September 1, 2009.\n ``(b) Disclosure of CRAGG Index Ratings to Purchasers.--\n ``(1) Disclosure by manufacturers.--The Secretary of \n Transportation shall issue regulations that require that motor \n vehicle manufacturers--\n ``(A) report CRAGG index ratings for each model \n year after model year 2005;\n ``(B) submit the first such report by no later than \n August 1, 2005, and submit such reports by August 1 of \n each year thereafter; and\n ``(C) conspicuously post on each new motor vehicle \n at the point of sale the CRAGG index rating for the \n vehicle, beginning September 1, 2005.\n ``(2) Disclosure by secretary.--The Secretary shall also \n post on the Department of Transportation's Internet website, \n beginning September 1, 2005--\n ``(A) comparative CRAGG index ratings, by make and \n model; and\n ``(B) an identification of the 10 motor vehicles \n with the greatest aggressivity, by CRAGG index rating, \n each year.\n ``(c) Annual Report.--The Secretary of Transportation shall \nannually report to the Congress on January 1 of each year beginning in \n2004 on the progress made in improving the crash safety of automobiles \nand light trucks in collisions. Such report shall address the \ncomparative improvement in the aggressivity of new vehicles as measured \nby the CRAGG index and the number of fatalities caused by the \naggressivity of light trucks and sport utility vehicles in collisions \nwith other vehicles.\n ``(d) Revision of Standard.--On September 1, 2007, the Secretary of \nTransportation shall issue an advanced notice of proposed rulemaking to \ndetermine if substantial improvement has been made in the crash safety \nof automobiles and light trucks that are subject to the Federal motor \nvehicle safety standard prescribed under subsection (a). If substantial \nimprovement has not been made, the Secretary shall issue a notice of \nproposed rulemaking by March 1, 2008, to revise such standard to \nfurther increase crash comparability. If initiated, the Secretary shall \ncomplete the rulemaking required by this subsection by issuing a new \nfinal rule not later than March 1, 2009. The Secretary shall specify in \nthe rule that the rule shall become effective in phases as rapidly as \npracticable, beginning September 1, 2010. The rule shall become fully \neffective for all vehicles identified in section 30127(b), title 49, \nUnited States Code, that are manufactured on and after September 1, \n2012.\n ``(e) Phased-In Requirements.--\n ``(1) In general.--If the Secretary of Transportation fails \n to meet any of the deadlines in subsections (a) through (d) of \n this section with respect to any motor vehicle, motor vehicles \n with respect to which such deadline applied having a gross \n vehicle weight rating less than 10,000 pounds that are \n manufactured by each manufacturer must satisfy the requirements \n described in paragraph (2) in accordance with the following \n phase-in schedule:\n ``(A) 20 percent of such vehicles manufactured by a \n manufacturer in the first year after the date the \n deadline is not met must satisfy such requirements.\n ``(B) 40 percent of such vehicles manufactured by a \n manufacturer in the second year after the date the \n deadline is not met must satisfy such requirements.\n ``(C) 60 percent of such vehicles manufactured by a \n manufacturer in the third year after the date the \n deadline is not met must satisfy such requirements.\n ``(D) 80 percent of such vehicles manufactured by a \n manufacturer in the fourth year after deadline is not \n met must satisfy such requirements.\n ``(E) All such vehicles manufactured by a \n manufacturer after the fourth year after the date the \n deadline is not met must satisfy such requirements.\n ``(2) Requirements.--The requirements referred to in \n paragraph (1) are the following, in the frontal barrier crash \n test defined in section 571.208 S5.1 of title 49, Code of \n Federal Regulations, conducted with a load cell barrier:\n ``(A) The height of the center of force as \n determined by a 30 mile per hour crash into a load cell \n barrier shall not be greater than 22 inches (55 \n centimeters).\n ``(B) For any vehicle with a curb weight greater \n than 3,500 pounds, the dynamic stiffness shall not be \n greater than the number determined by multiplying--\n ``(i) 50,000 pounds; by\n ``(ii) the number determined by dividing--\n ``(I) 33,000; by\n ``(II) the number determined by \n subtracting the weight of the vehicle \n (in pounds) from 20,000.\n ``(f) Advisory Committees.--The Secretary of Transportation shall \nensure that--\n ``(1) any Federal advisory committee, task force, or other \n entity concerned with vehicle compatibility includes a balance \n of representatives from consumer and safety organizations, \n insurers, manufacturers, and suppliers; and\n ``(2) such consumer and safety organization representatives \n are selected from among organizations that do not receive any \n significant funding from motor vehicle manufacturers and their \n affiliates.\n ``(g) Definitions.--\n ``(1) Automobile; light truck.--Each of the terms \n `automobile' and `light truck' has the meaning set forth in \n section 32901 of this title.\n ``(2) Aggressivity.--The term `aggressivity' means the \n degree to which the front of a motor vehicle, in a collision \n with another motor vehicle--\n ``(A) inflicts damage to the other motor vehicle; \n and\n ``(B) causes injury to the occupants of the other \n motor vehicle.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 301 of title 49, United States Code, is amended by inserting \nafter the item relating to section 30127 the following:\n\n``30128. Crash safety of automobiles and light trucks in collisions.''.\n\nSEC. 4. INCREASED AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER \n AUTOMOBILES AND LIGHT TRUCKS.\n\n (a) Increased Standards.--Section 32902 of title 49, United States \nCode, is amended--\n (1) in subsection (a)--\n (A) by striking ``Non-Passenger Automobiles.--'' \n and inserting ``Prescription of Standards by \n Regulation.--''; and\n (B) by striking ``(except passenger automobiles)'' \n and inserting ``(except passenger automobiles and light \n trucks)''; and\n (2) by amending subsection (b) to read as follows:\n ``(b) Standards for Passenger Automobiles and Light Trucks.--\n ``(1) Passenger automobiles, generally.--The average fuel \n economy standard for passenger automobiles manufactured by a \n manufacturer--\n ``(A) after model year 2003 shall be 30.0 miles per \n gallon; and\n ``(B) after model year 2005 shall be 32.5 miles per \n gallon.\n ``(2) Light trucks.--The average fuel economy standard for \n light trucks manufactured by a manufacturer--\n ``(A) after model year 2003 shall be 23.0 miles per \n gallon; and\n ``(B) after model year 2005 shall be 25.5 miles per \n gallon.\n ``(3) Combined standard.--The average fuel economy standard \n for the combination of passenger automobiles and light trucks \n manufactured by a manufacturer--\n ``(A) after model year 2007 shall be 32.0 miles per \n gallon;\n ``(B) after model year 2009 shall be 36.0 miles per \n gallon; and\n ``(C) after model year 2011 shall be 40.0 miles per \n gallon.''.\n (b) Definition of Light Truck.--\n (1) In general.--Section 32901(a) of title 49, United \n States Code, is amended by adding at the end the following:\n ``(17) `light truck' means an automobile that the Secretary \n decides by regulation--\n ``(A) is manufactured primarily for transporting \n not more than 10 individuals;\n ``(B) is rated at not more than 8,500 pounds gross \n vehicle weight; and\n ``(C) is not a passenger automobile.''.\n (2) Deadline for regulations.--The Secretary of \n Transportation--\n (A) shall issue proposed regulations implementing \n the amendment made by this subsection by not later than \n 6 months after the date of the enactment of this Act; \n and\n (B) shall issue final regulations implementing such \n amendment by not later than one year after the date of \n the enactment of this Act.\n (c) Conforming Amendments.--(1) Section 32902(c) of title 49, \nUnited States Code, is amended--\n (A) in paragraph (1), by striking ``the standard'' and \n inserting ``a standard''; and\n (B) in paragraph (2), by striking ``increases the standard \n above 27.5 miles per gallon, or decreases the standard below \n 26.0 miles per gallon,'' and inserting ``increases the standard \n above the standard that would otherwise apply under subsection \n (b), or decreases the standard by more than 1.5 miles per \n gallon below the standard that would otherwise apply under \n subsection (b),''.\n (d) Application.--The amendments made by this section shall apply \nbeginning on January 1, 2006.\n (e) Applicability of Existing Standards.--This section does not \naffect the application of section 32902 of title 49, United States \nCode, to passenger automobiles and light trucks manufactured before \nmodel year 2007.\n\nSEC. 5. FUEL ECONOMY STANDARDS FOR AUTOMOBILES UP TO 10,000 POUNDS \n GROSS VEHICLE WEIGHT.\n\n (a) Vehicles Defined as Automobiles.--Section 32901(a)(3) of title \n49, United States Code, is amended by striking ``6,000'' each place it \nappears and inserting ``8,500''.\n (b) Application Date.--The amendment made by subsection (a) shall \napply beginning on January 1, 2006.\n\nSEC. 6. IMPROVEMENT OF CALCULATION OF AVERAGE FUEL ECONOMY.\n\n (a) In General.--Section 32904(a) of title 49, United States Code, \nis amended--\n (1) by inserting ``(1)'' before the first sentence;\n (2) in paragraph (1) (as so designated), in the second \n sentence by inserting ``and subject to paragraph (2) of this \n subsection,'' after ``of this title,''; and\n (3) by adding at the end the following:\n ``(2) Calculations and testing procedures prescribed by the \nSecretary under paragraph (1) shall ensure that average fuel economy \ncalculated under this subsection--\n ``(A) reflects, and is determined under conditions that \n include, actual driving conditions; and\n ``(B) is not an optimized number that results solely from \n tests performed under laboratory conditions.''.\n (b) Application.--The amendment made by subsection (a) shall apply \nwith respect to automobiles manufactured after model year 2005.\n (c) Regulations.--The Administrator of the Environmental Protection \nAgency shall issue regulations that implement the amendments made by \nsubsection (a) by not later than December 31, 2002.","summary":"Safety and Fuel Economy (SAFE) Act - Amends Federal transportation law to direct the Secretary of Transportation to issue a notice of proposed rulemaking to prescribe a new Federal motor vehicle safety standard to improve the crash safety of automobiles and light trucks in collisions. Directs the Secretary to issue regulations that require motor vehicle manufacturers to disclose CRAGG index ratings to purchasers of new motor vehicles after model year 2005. Establishes the CRAGG index as one that: (1) measures a motor vehicle's aggressivity, (2) takes into account its stiffness, structure height, and mass. And (3) substantially improves the present crash safety of automobiles and light trucks by reducing their aggressivity. Defines aggressivity as the degree to which the front of a motor vehicle in a collision with another motor vehicle inflicts damage to the other vehicle and causes injury to its occupants. Sets forth average fuel economy standards for passenger automobiles and light trucks manufactured after model years 2003, 2005, 2007, 2009, and 2011.","title":"To amend title 49, United States Code, to improve highway safety by requiring reductions in the aggressivity of light trucks; to extend average fuel economy standards to all light trucks up to 10,000 pounds gross vehicle weight; to require phased increases in the average fuel economy standards for passenger automobiles and light trucks; to improve the accuracy of average fuel economy testing and public information regarding average fuel economy, and for other purposes.","text_len":16523,"sum_len":1070} {"bill_id":"115_hr5687","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Opioids and Unused \nNarcotics with Deliberate Disposal and Packaging Act of 2018'' or the \n``SOUND Disposal and Packaging Act''.\n\nSEC. 2. IMPROVED TECHNOLOGIES, CONTROLS, OR MEASURES WITH RESPECT TO \n THE PACKAGING OR DISPOSAL OF CERTAIN DRUGS.\n\n (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic \nAct is amended by inserting after section 505-1 (21 U.S.C. 355-1) the \nfollowing new section:\n\n``SEC. 505-2. SAFETY-ENHANCING PACKAGING AND DISPOSAL FEATURES.\n\n ``(a) Orders.--\n ``(1) In general.--The Secretary may issue an order \n requiring the holder of a covered application to implement or \n modify one or more technologies, controls, or measures with \n respect to the packaging or disposal of one or more drugs \n identified in the covered application, if the Secretary \n determines such technologies, controls, or measures to be \n appropriate to help mitigate the risk of abuse or misuse of \n such drug or drugs, which may include by reducing the \n availability of unused drugs.\n ``(2) Prior consultation.--The Secretary may not issue an \n order under paragraph (1) unless the Secretary has consulted \n with relevant stakeholders, through a public meeting, workshop, \n or otherwise, about matters that are relevant to the subject of \n the order.\n ``(3) Assuring access and minimizing burden.--Technologies, \n controls, or measures required under paragraph (1) shall--\n ``(A) be commensurate with the specific risk of \n abuse or misuse of the drug listed in the covered \n application;\n ``(B) considering such risk, not be unduly \n burdensome on patient access to the drug, considering \n in particular any available evidence regarding the \n expected or demonstrated public health impact of such \n technologies, controls, or measures; and\n ``(C) reduce the risk of abuse or misuse of such \n drug.\n ``(4) Order contents.--An order issued under paragraph (1) \n may--\n ``(A) provide for a range of options for \n implementing or modifying the technologies, controls, \n or measures required to be implemented by such order; \n and\n ``(B) incorporate by reference standards regarding \n packaging or disposal set forth in an official \n compendium, established by a nationally or \n internationally recognized standard development \n organization, or described on the public website of the \n Food and Drug Administration, so long as the order \n includes the rationale for incorporation of such \n standard.\n ``(5) Orders applicable to drug class.--When a concern \n about the risk of abuse or misuse of a drug relates to a \n pharmacological class, the Secretary may, after consultation \n with relevant stakeholders, issue an order under paragraph (1) \n which applies to the pharmacological class.\n ``(b) Compliance.--The holder of a covered application shall--\n ``(1) submit a supplement containing proposed changes to \n the covered application to comply with an order issued under \n subsection (a) not later than--\n ``(A) 180 calendar days after the date on which the \n order is issued; or\n ``(B)(i) such longer time period as specified by \n the Secretary in such order; or\n ``(ii) if a request for an alternative date is \n submitted by the holder of such application not later \n than 60 calendar days after the date on which such \n order is issued--\n ``(I) such requested alternative date if \n agreed to by the Secretary; or\n ``(II) another date as specified by the \n Secretary; and\n ``(2) implement the changes approved pursuant to such \n supplement not later than the later of--\n ``(A) 90 calendar days after the date on which the \n supplement is approved; or\n ``(B) the end of such longer period as is--\n ``(i) determined to be appropriate by the \n Secretary; or\n ``(ii) approved by the Secretary pursuant \n to a request by the holder of the covered \n application that explains why such longer \n period is needed, including to satisfy any \n other applicable Federal statutory or \n regulatory requirements.\n ``(c) Alternative Measures.--The holder of the covered application \nmay propose, and the Secretary shall approve, technologies, controls, \nor measures regarding packaging, storage, or disposal other than those \nspecified in the applicable order issued under subsection (a), if such \ntechnologies, controls, or measures are supported by data and \ninformation demonstrating that such alternative technologies, controls, \nor measures can be expected to mitigate the risk of abuse or misuse of \nthe drug or drugs involved, including by reducing the availability of \nunused drugs, to at least the same extent as the technologies, \ncontrols, or measures specified in such order.\n ``(d) Dispute Resolution.--If a dispute arises in connection with a \nsupplement submitted under subsection (b), the holder of the covered \napplication may appeal a determination made with respect to such \nsupplement using applicable dispute resolution procedures specified by \nthe Secretary in regulations or guidance.\n ``(e) Definitions.--In this section--\n ``(1) the term `covered application' means an application \n submitted under subsection (b) or (j) of section 505 for \n approval under such section or an application submitted under \n section 351 of Public Health Service Act for approval under \n such section, with respect to a drug that is or contains an \n opioid for which a listing in schedule II or III (on a \n temporary or permanent basis) is in effect under section 202 of \n the Controlled Substances Act; and\n ``(2) the term `relevant stakeholders' may include \n scientific experts within the drug manufacturing industry; \n brand and generic drug manufacturers; standard development \n organizations; wholesalers and distributors; payers; health \n care providers; pharmacists; pharmacies; manufacturers; poison \n centers; and representatives of the National Institute on Drug \n Abuse, the National Institutes of Health, the Centers for \n Disease Control and Prevention, the Centers for Medicare & \n Medicaid Services, the Drug Enforcement Agency, the Consumer \n Product Safety Commission, individuals who specialize in \n treating addiction, and patient and caregiver groups.''.\n (b) Prohibited Acts.--Section 501 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph \n(j) the following:\n ``(k) If it is a drug approved under a covered application (as \ndefined in section 505-2(e)), the holder of which does not meet the \nrequirements of paragraphs (1) and (2) of subsection (b) of such \nsection.''.\n (c) Required Content of an Abbreviated New Drug Application.--\nSection 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 355(j)(2)(A)) is amended--\n (1) in clause (vii)(IV), by striking ``and'' at the end;\n (2) in clause (viii), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(ix) if the drug is or contains an opioid for which a \n listing in schedule II or III (on a temporary or permanent \n basis) is in effect under section 202 of the Controlled \n Substances Act, information to show that the applicant has \n proposed technologies, controls, or measures related to the \n packaging or disposal of the drug that provide protections \n comparable to those provided by the technologies, controls, or \n measures required for the applicable listed drug under section \n 505-2, if applicable.''.\n (d) Grounds for Refusing to Approve an Abbreviated New Drug \nApplication.--Section 505(j)(4) of the Federal Food, Drug, and Cosmetic \nAct (21 U.S.C. 355(j)(4)), is amended--\n (1) in subparagraph (J), by striking ``or'' at the end;\n (2) in subparagraph (K), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(L) if the drug is a drug described in paragraph \n (2)(A)(ix) and the applicant has not proposed \n technologies, controls, or measures related to the \n packaging or disposal of such drug that the Secretary \n determines provide protections comparable to those \n provided by the technologies, controls, or measures \n required for the applicable listed drug under section \n 505-2.''.\n (e) Rules of Construction.--\n (1) Any labeling describing technologies, controls, or \n measures related to packaging or disposal intended to mitigate \n the risk of abuse or misuse of a drug product that is subject \n to an abbreviated new drug application, including labeling \n describing differences from the reference listed drug resulting \n from the application of section 505-2 of the Federal Food, \n Drug, and Cosmetic Act, as added by subsection (a), shall not \n be construed--\n (A) as changes to labeling not permissible under \n clause (v) of section 505(j)(2)(A) of such Act (21 \n U.S.C. 355(j)(2)(A)), or a change in the conditions of \n use prescribed, recommended, or suggested in the \n labeling proposed for the new drug under clause (i) of \n such section; or\n (B) to preclude approval of an abbreviated new drug \n application under subparagraph (B) or (G) of section \n 505(j)(4) of such Act (21 U.S.C. 355(j)(4)).\n (2) For a covered application that is an application \n submitted under subsection (j) of section 505 of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 355), subsection \n (j)(2)(A) of such section 505 shall not be construed to limit \n the type of data or information the Secretary of Health and \n Human Services may request or consider in connection with \n making any determination under section 505-2.\n (f) GAO Report.--Not later than 12 months after the date of \nenactment of this Act, the Comptroller General of the United States \nshall prepare and submit to the Congress a report containing--\n (1) a description of available evidence, if any, on the \n effectiveness of site-of-use, in-home controlled substance \n disposal products and packaging technologies;\n (2) identification of ways in which such disposal products \n intended for use by patients, consumers, and other end users \n that are not registrants under the Controlled Substances Act, \n are made available to the public and barriers to the use of \n such disposal products;\n (3) identification of ways in which packaging technologies \n are made available to the public and barriers to the use of \n such technologies;\n (4) a description of Federal oversight, if any, of site-of-\n use, in-home controlled substance disposal products, \n including--\n (A) identification of the Federal agencies that \n oversee such products;\n (B) identification of the methods of disposal of \n controlled substances recommended by these agencies for \n site-of-use, in-home disposal; and\n (C) a description of the effectiveness of such \n recommendations at preventing the diversion of legally \n prescribed controlled substances;\n (5) a description of Federal oversight, if any, of \n controlled substance packaging technologies, including--\n (A) identification of the Federal agencies that \n oversee such technologies;\n (B) identification of the technologies recommended \n by these agencies, including unit dose packaging, \n packaging that provides a set duration, or other \n packaging systems that may mitigate abuse or misuse; \n and\n (C) a description of the effectiveness of such \n recommendations at preventing the diversion of legally \n prescribed controlled substances; and\n (6) recommendations on--\n (A) whether site-of-use, in-home controlled \n substance disposal products and packaging technologies \n require Federal oversight and, if so, which agencies \n should be responsible for such oversight and, as \n applicable, approval of such products or technologies; \n and\n (B) the potential role of the Federal Government in \n evaluating such products to ensure product efficacy.\n\n Passed the House of Representatives June 19, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018 or the SOUND Disposal and Packaging Act This bill amends the Federal Food, Drug, and Cosmetic Act to authorize the Food and Drug Administration to require certain packaging and disposal technologies, controls, or measures to mitigate the risk of abuse or misuse of a drug or a class of drugs.","title":"Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018","text_len":14251,"sum_len":381} {"bill_id":"112_hr2964","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unfunded Mandates Accountability Act \nof 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The public has a right to know the benefits and costs \n of regulation. Regulations impose significant costs on \n individuals, employers, State, local, and tribal governments, \n diverting resources from other important priorities.\n (2) Better regulatory analysis and review should improve \n the quality of agency decisions, increasing the benefits and \n reducing unwarranted costs of regulation.\n (3) Disclosure and scrutiny of key information underlying \n agency decisions should make Government more accountable to the \n public it serves.\n\nSEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.\n\n Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. \n1532) is amended--\n (1) by striking the section heading and inserting the \n following:\n\n``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';\n\n (2) by redesignating subsections (b) and (c) as subsections \n (d) and (e), respectively;\n (3) by striking subsection (a) and inserting the following:\n ``(a) Definition.--In this section, the term `cost' means the cost \nof compliance and any reasonably foreseeable indirect costs, including \nrevenues lost as a result of an agency rule subject to this section.\n ``(b) In General.--Before promulgating any proposed or final rule \nthat may have an annual effect on the economy of $100,000,000 or more \n(adjusted for inflation), or that may result in the expenditure by \nState, local, and tribal governments, in the aggregate, of $100,000,000 \nor more (adjusted for inflation) in any 1 year, each agency shall \nprepare and publish in the Federal Register an initial and final \nregulatory impact analysis. The initial regulatory impact analysis \nshall accompany the agency's notice of proposed rulemaking and shall be \nopen to public comment. The final regulatory impact analysis shall \naccompany the final rule.\n ``(c) Content.--The initial and final regulatory impact analysis \nunder subsection (b) shall include--\n ``(1)(A) an analysis of the anticipated benefits and costs \n of the rule, which shall be quantified to the extent feasible;\n ``(B) an analysis of the benefits and costs of a reasonable \n number of regulatory alternatives within the range of the \n agency's discretion under the statute authorizing the rule, \n including alternatives that--\n ``(i) require no action by the Federal Government; \n and\n ``(ii) use incentives and market-based means to \n encourage the desired behavior, provide information \n upon which choices can be made by the public, or employ \n other flexible regulatory options that permit the \n greatest flexibility in achieving the objectives of the \n statutory provision authorizing the rule; and\n ``(C) an explanation that the rule meets the requirements \n of section 205;\n ``(2) an assessment of the extent to which--\n ``(A) the costs to State, local, and tribal \n governments may be paid with Federal financial \n assistance (or otherwise paid for by the Federal \n Government); and\n ``(B) there are available Federal resources to \n carry out the rule;\n ``(3) estimates of--\n ``(A) any disproportionate budgetary effects of the \n rule upon any particular regions of the Nation or \n particular State, local, or tribal governments, urban \n or rural or other types of communities, or particular \n segments of the private sector; and\n ``(B) the effect of the rule on job creation or job \n loss, which shall be quantified to the extent feasible; \n and\n ``(4)(A) a description of the extent of the agency's prior \n consultation with elected representatives (under section 204) \n of the affected State, local, and tribal governments;\n ``(B) a summary of the comments and concerns that were \n presented by State, local, or tribal governments either orally \n or in writing to the agency; and\n ``(C) a summary of the agency's evaluation of those \n comments and concerns.'';\n (4) in subsection (d) (as redesignated by paragraph (2) of \n this subsection), by striking ``subsection (a)'' and inserting \n ``subsection (b)''; and\n (5) in subsection (e) (as redesignated by paragraph (2) of \n this subsection), by striking ``subsection (a)'' each place \n that term appears and inserting ``subsection (b)''.\n\nSEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.\n\n Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. \n1535) is amended to read as follows:\n\n``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.\n\n ``Before promulgating any proposed or final rule for which a \nregulatory impact analysis is required under section 202, the agency \nshall--\n ``(1) identify and consider a reasonable number of \n regulatory alternatives within the range of the agency's \n discretion under the statute authorizing the rule, including \n alternatives required under section 202(c)(1)(B); and\n ``(2) from the alternatives described under paragraph (1), \n select the least costly, most cost-effective, or least \n burdensome alternative that achieves the objectives of the \n statute.''.\n\nSEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES.\n\n (a) In General.--Section 421(1) of the Congressional Budget and \nImpoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by \nstriking ``, but does not include independent regulatory agencies''.\n (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform \nAct of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after \nsection 5 the following:\n\n``SEC. 6. EXEMPTION FOR MONETARY POLICY.\n\n ``Nothing in title II, III, or IV shall apply to rules that concern \nmonetary policy proposed or implemented by the Board of Governors of \nthe Federal Reserve System or the Federal Open Market Committee.''.\n\nSEC. 6. JUDICIAL REVIEW.\n\n Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. \n1571) is amended to read as follows:\n\n``SEC. 401. JUDICIAL REVIEW.\n\n ``(a) In General.--For any rule subject to section 202, a party \naggrieved by final agency action is entitled to judicial review of an \nagency's analysis under and compliance with subsections (b) and (c)(1) \nof section 202 and section 205. The scope of review shall be governed \nby chapter 7 of title 5, United States Code.\n ``(b) Jurisdiction.--Each court having jurisdiction to review a \nrule subject to section 202 for compliance with section 553 of title 5, \nUnited States Code, or under any other provision of law, shall have \njurisdiction to review any claims brought under subsection (a) of this \nsection.\n ``(c) Relief Available.--In granting relief in an action under this \nsection, the court shall order the agency to take remedial action \nconsistent with chapter 7 of title 5, United States Code, including \nremand and vacatur of the rule.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall take effect 90 days after the date of enactment of \nthis Act.","summary":"Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking. (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments. (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative. (4) define cost as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking. (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review. And (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.","title":"To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, consideration of the least burdensome regulatory alternative, and for other purposes.","text_len":7696,"sum_len":1476} {"bill_id":"109_s2105","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Energy Savings Incentives Act \nof 2005''.\n\nSEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY.\n\n (a) In General.--Section 25C of the Internal Revenue Code of 1986 \nis amended to read as follows:\n\n``SEC. 25C. NONBUSINESS ENERGY PROPERTY.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to the sum of--\n ``(1) $10 for each therm of certified natural gas savings \n attributable to qualified energy efficiency expenditures made \n during the taxable year, and\n ``(2) $0.65 for each kilowatt hour of certified electricity \n savings attributable to qualified energy efficiency \n expenditures made during the taxable year.\n ``(b) Lifetime Limitation.--The credit allowed under this section \nwith respect to any taxpayer for any taxable year shall not exceed the \nexcess (if any) of $5,000 over the aggregate credits allowed under this \nsection with respect to such taxpayer for all prior taxable years.\n ``(c) Qualified Energy Efficiency Expenditures.--For purposes of \nthis section--\n ``(1) In general.--The term `qualified energy efficiency \n expenditures' means expenditures made by the taxpayer, after \n consultation with a qualified individual described in \n subsection (d)(2)(C), for the improvement of a dwelling unit of \n the taxpayer located in the United States and used by the \n taxpayer as the taxpayer's principal residence.\n ``(2) No double benefit for certain expenditures.--The term \n `qualified energy efficiency expenditures' shall not include \n any expenditure for which a deduction or credit is otherwise \n allowed under this chapter.\n ``(3) Principal residence.--\n ``(A) In general.--The term `principal residence' \n has the same meaning as when used in section 121, \n except that--\n ``(i) no ownership requirement shall be \n imposed, and\n ``(ii) the period for which a building is \n treated as used as a principal residence shall \n also include the 60-day period ending on the \n 1st day on which it would (but for this \n subparagraph) first be treated as used as a \n principal residence.\n ``(B) Manufactured housing.--The term `residence' \n shall include a dwelling unit which is a manufactured \n home conforming to Federal Manufactured Home \n Construction and Safety Standards (24 C.F.R. 3280).\n ``(d) Certified Natural Gas Savings; Certified Electricity \nSavings.--\n ``(1) In general.--\n ``(A) Certified natural gas savings.--The term \n `certified natural gas savings' means, with respect to \n any taxable year, the amount, measured in therms on an \n average annual basis, which is equal to the excess of--\n ``(i) 85 percent of the amount of natural \n gas which would be consumed with respect to the \n dwelling unit of the taxpayer if the qualified \n energy efficiency expenditures with respect to \n such taxable year were not made, as certified \n in accordance with paragraph (2), over\n ``(ii) the amount of such natural gas \n consumption with respect to such dwelling unit \n determined by taking into account the qualified \n energy efficiency expenditures made during such \n taxable year, as certified in accordance with \n paragraph (2).\n ``(B) Certified electricity savings.--The term \n `certified electricity savings' means, with respect to \n any taxable year, the amount, measured in kilowatt \n hours on an annual basis, which is equal to the excess \n of--\n ``(i) 85 percent of the amount of \n electricity which would be consumed with \n respect to the dwelling unit of the taxpayer if \n the qualified energy efficiency expenditures \n with respect to such taxable year were not \n made, as certified in accordance with paragraph \n (2), over\n ``(ii) the amount of electricity \n consumption with respect to such dwelling unit \n determined by taking into account the qualified \n energy efficiency expenditures made during such \n taxable year, as certified in accordance with \n paragraph (2).\n ``(2) Certification.--\n ``(A) In general.--The Secretary shall prescribe \n the manner and method for the making of certifications \n under this paragraph.\n ``(B) Procedures.--The Secretary shall include as \n part of the certification process procedures for \n inspection and testing by qualified individuals \n described in subparagraph (C) to ensure compliance of \n dwelling units with the requirements of this section. \n Such procedures shall be similar to the requirements in \n the Mortgage Industry National Accreditation Procedures \n for Home Energy Rating Systems.\n ``(C) Qualified individuals.--Individuals qualified \n to determine compliance shall be only those individuals \n who are recognized by an organization certified by the \n Secretary for such purposes.\n ``(e) Special Rules.--For purposes of this section, rules similar \nto the rules under paragraphs (4), (5), (6), (7), (8), and (9) of \nsection 25D(e) shall apply.\n ``(f) Basis Adjustments.--For purposes of this subtitle, if a \ncredit is allowed under this section with respect to any expenditure \nwith respect to any property, the increase in the basis of such \nproperty which would (but for this subsection) result from such \nexpenditure shall be reduced by the amount of the credit so allowed.\n ``(g) Termination.--This section shall not apply with respect to \nany property placed in service after December 31, 2007.''.\n (b) Conforming Amendment.--Section 1016(a)(34) is amended by \nstriking ``25C(e)'' and inserting ``section 25C(f)''.\n (c) Effective Dates.--The amendments made by this section shall \napply to property placed in service after December 31, 2005.","summary":"Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years. Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit. Terminates the credit after December 31, 2007.","title":"A bill to amend the Internal Revenue Code of 1986 to modify the credit for nonbusiness energy property so that the amount of the credit is determined based on the amount of energy savings achieved by the taxpayer.","text_len":7119,"sum_len":723} {"bill_id":"110_s400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Michelle's Law''.\n\nSEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF \n ABSENCE.\n\n (a) Amendments of ERISA.--Subpart A of part 7 of title I of the \nEmployee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE \n OF ABSENCE.\n\n ``(a) Medically Necessary Leave of Absence.--In this section, the \nterm `medically necessary leave of absence' means a leave of absence \nfrom a postsecondary educational institution (including an institution \nof higher education as defined in section 102 of the Higher Education \nAct of 1965) that--\n ``(1) is due to a severe illness or injury, as certified by \n the attending physician of the dependent child involved; and\n ``(2) causes the dependent child involved to lose full-time \n student status.\n ``(b) Requirement To Continue Coverage.--\n ``(1) In general.--In the case of a dependent child \n described under paragraph (2), a group health plan (or health \n insurance coverage offered in connection with such a plan) \n shall not terminate coverage of such child due to a medically \n necessary leave of absence before the date that is the earlier \n of--\n ``(A) the date that is 1 year after the first day \n of the medically necessary leave of absence; or\n ``(B) the date on which such coverage would \n otherwise terminate under the terms of the plan.\n ``(2) Child described.--A dependent child described in this \n paragraph is a child who--\n ``(A) is a dependent of a participant or \n beneficiary of the plan or coverage;\n ``(B) is 18 years of age or older;\n ``(C) was enrolled in the plan or coverage as of \n the first day of the medically necessary leave of \n absence involved; and\n ``(D) was enrolled as a full-time student at a \n postsecondary educational institution (as described in \n subsection (a)) until the first day of the medically \n necessary leave of absence involved.\n ``(3) Certification by physician.--Paragraph (1) shall not \n apply to a group health plan (or health insurance coverage \n offered in connection with such a plan) unless the dependent \n child submits to the plan or issuer and the postsecondary \n educational institution involved, documentation and \n certification by the child's attending physician stating that \n the leave of absence involved is a medically necessary leave of \n absence.\n ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any \nbreaks in the school semester shall not disqualify a dependent child \ndescribed under subsection (b) from coverage under this section.\n ``(d) No Additional Coverage.--A dependent child described under \nsubsection (b) shall be entitled to an extension under this section of \nonly those benefits to which the child was entitled under the terms of \nthe plan or coverage as of the first day of the medically necessary \nleave of absence involved.\n ``(e) Coverage Under Successor Plan.--If an employer or health \ninsurance issuer changes group health plans after the first day of a \nmedically necessary leave of absence of dependent child described in \nsubsection (b) but before the date described under subsection (b)(1), \nand such new group health plan offers coverage of dependent children, \nsuch new group health plan shall be subject to this section in the same \nmanner as the group health plan coverage in effect on the first day of \nthe medically necessary leave of absence of such dependent child.\n ``(f) Presumption.--For purposes of administrative or judicial \nproceedings, there shall be a rebuttable presumption that the \ndocumentation and certification under subsection (b)(3) entitles the \ndependent child involved to coverage as described under this \nsection.''.\n (b) Amendments to the Internal Revenue Code.--Subchapter B of \nchapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et \nseq.) is amended--\n (1) in the table of sections, by inserting after the item \n relating to section 9812 the following new item:\n\n``Sec. 9813. Coverage of dependent students on medically necessary \n leave of absence.'';\n and\n (2) by inserting after section 9813 the following:\n\n``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY \n LEAVE OF ABSENCE.\n\n ``(a) Medically Necessary Leave of Absence.--The term `medically \nnecessary leave of absence' means a leave of absence from a \npostsecondary educational institution (including an institution of \nhigher education as defined in section 102 of the Higher Education Act \nof 1965) that--\n ``(1) is due to a severe illness or injury, as certified by \n the attending physician of the dependent child involved; and\n ``(2) causes the dependent child involved to lose full-time \n student status.\n ``(b) Requirement To Continue Coverage.--\n ``(1) In general.--In the case of a dependent child \n described under paragraph (2), a group health plan (or health \n insurance coverage offered in connection with such a plan) \n shall not terminate coverage of such child due to a medically \n necessary leave of absence before the date that is the earlier \n of--\n ``(A) the date that is 1 year after the first day \n of the medically necessary leave of absence; or\n ``(B) the date on which such coverage would \n otherwise terminate under the terms of the plan.\n ``(2) Child described.--A dependent child described in this \n paragraph is a child who--\n ``(A) is a dependent of a participant or \n beneficiary of the plan or coverage;\n ``(B) is 18 years of age or older;\n ``(C) was enrolled in the plan or coverage as of \n the first day of the medically necessary leave of \n absence involved; and\n ``(D) was enrolled as a full-time student at a \n postsecondary educational institution (as described in \n subsection (a)) until the first day of the medically \n necessary leave of absence involved.\n ``(3) Certification by physician.--Paragraph (1) shall not \n apply to a group health plan (or health insurance coverage \n offered in connection with such a plan) unless the dependent \n child submits to the plan or issuer and the postsecondary \n educational institution involved, documentation and \n certification by the child's attending physician stating that \n the leave of absence involved is a medically necessary leave of \n absence.\n ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any \nbreaks in the school semester shall not disqualify a dependent child \ndescribed under subsection (b) from coverage under this section.\n ``(d) No Additional Coverage.--A dependent child described under \nsubsection (b) shall be entitled to an extension under this section of \nonly those benefits to which the child was entitled under the terms of \nthe plan or coverage as of the first day of the medically necessary \nleave of absence involved.\n ``(e) Coverage Under Successor Plan.--If an employer or health \ninsurance issuer changes group health plans after the first day of a \nmedically necessary leave of absence of dependent child described in \nsubsection (b) but before the date described under subsection (b)(1), \nand such new group health plan offers coverage of dependent children, \nsuch new group health plan shall be subject to this section in the same \nmanner as the group health plan coverage in effect on the first day of \nthe medically necessary leave of absence of such dependent child.\n ``(f) Presumption.--For purposes of administrative or judicial \nproceedings, there shall be a rebuttable presumption that the \ndocumentation and certification under subsection (b)(3) entitles the \ndependent child involved to coverage as described under this \nsection.''.","summary":"Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence. Or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.","title":"A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes.","text_len":8582,"sum_len":661} {"bill_id":"111_s3342","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy Schools Partnerships Act of \n2010''.\n\nSEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM.\n\n Section 18 of the Richard B. Russell National School Lunch Act (42 \nU.S.C. 1769) is amended by adding at the end the following:\n ``(j) Healthy Schools Partnerships Demonstration Program.--\n ``(1) Definition of eligible entity.--In this section, the \n term `eligible entity' means a school food authority that \n demonstrates that the school food authority has collaborated, \n or will collaborate, with 1 or more local partner organizations \n (including academic experts, registered dietitians or other \n nutrition professionals, community partners, or non-profit \n organizations) to achieve the purposes described in paragraph \n (2).\n ``(2) Purposes.--The purposes of the demonstration project \n established under this subsection are--\n ``(A) to assist schools in improving the \n nutritional standards of school meals and the overall \n school environment; and\n ``(B) to use local resources and expertise to \n promote collaborations and develop sustainable and \n replicable models for making systemic changes that \n promote good nutrition and healthy living among \n students.\n ``(3) Establishment.--The Secretary shall establish a \n demonstration project under which the Secretary shall make \n grants to eligible entities to fund collaborations of academic \n experts, nonprofit organizations, registered dietitians or \n other nutrition professionals, community partners, and local \n schools to test and evaluate innovative models to improve \n nutrition education, student decisionmaking, and healthy school \n environments.\n ``(4) Application.--\n ``(A) In general.--An eligible entity shall submit \n to the Secretary an application at such time, in such \n manner, and containing such information as the \n Secretary may require.\n ``(B) Contents.--In addition to any other \n requirements of the Secretary, each application shall--\n ``(i) identify the 1 or more problems that \n the eligible entity will address;\n ``(ii) identify the activity that the grant \n will be used to fund;\n ``(iii) describe the means by which the \n activity will improve the health and nutrition \n of the school environment;\n ``(iv) list the partner organizations that \n will participate in the activity funded by the \n grant; and\n ``(v) describe the metrics used to measure \n success in achieving the stated goals.\n ``(5) Priority.--In making grants under this subsection, \n the Secretary shall give priority to eligible entities that \n demonstrate--\n ``(A) a severe need to improve the school \n environment, as demonstrated by high numbers of \n students receiving free or reduced price lunches, high \n levels of obesity or other indicators of poor health \n status, and health disparities in the community served \n by the school;\n ``(B) a commitment by community partners to make \n in-kind or cash contributions; and\n ``(C) the ability to measure results.\n ``(6) Use of funds.--An eligible entity shall use a grant \n received under this subsection--\n ``(A) to assess the problem of childhood obesity \n and poor nutrition in the school environment;\n ``(B) to develop an innovative plan or intervention \n to address specific causes of the problem in \n coordination with outside partners, including by \n developing and testing innovative models to improve \n student health and nutrition as measured by--\n ``(i) changes that result in healthier \n school environments, including more nutritious \n food being served in cafeterias and available a \n la carte;\n ``(ii) increased nutrition education;\n ``(iii) improved ability of students to \n identify healthier choices;\n ``(iv) changes in attitudes of students \n towards healthier food;\n ``(v) student involvement in making school \n environments healthier;\n ``(vi) increased access to physical \n activity, physical education, and recess;\n ``(vii) professional development and \n continuing education opportunities for school \n administrators, teachers, and school nurses; \n and\n ``(viii) changes in school policies that \n promote access to healthier food and physical \n activity;\n ``(C) to implement the plan or intervention in \n partnership with outside partners;\n ``(D) to measure and evaluate effectiveness of the \n intervention; or\n ``(E) to assess the sustainability and \n replicability of this model.\n ``(7) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection $2,000,000 for \n each of fiscal years 2011 through 2015.''.","summary":"Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment. (2) a commitment by community partners to make in-kind or cash contributions, and (3) the ability to measure results.","title":"A bill to amend the Richard B. Russell National School Lunch Act to establish a demonstration project to promote collaborations to improve school nutrition.","text_len":6155,"sum_len":741} {"bill_id":"109_hr5403","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe and Timely Interstate Placement \nof Foster Children Act of 2006''.\n\nSEC. 2. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that--\n (1) the States should expeditiously ratify the revised \n Interstate Compact for the Placement of Children recently \n promulgated by the American Public Human Services Association;\n (2) this Act and the revised Interstate Compact for the \n Placement of Children should not apply to those seeking placement \n in a licensed residential facility primarily to access clinical \n mental heath services;\n (3) the States should recognize and implement the deadlines for \n the completion and approval of home studies as provided in section \n 4 to move children more quickly into safe, permanent homes; and\n (4) Federal policy should encourage the safe and expedited \n placement of children into safe, permanent homes across State \n lines.\n\nSEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF \n CHILDREN.\n\n Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is \namended--\n (1) by striking ``and'' at the end of paragraph (23);\n (2) by striking the period at the end of paragraph (24) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(25) provide that the State shall have in effect procedures \n for the orderly and timely interstate placement of children; and \n procedures implemented in accordance with an interstate compact, if \n incorporating with the procedures prescribed by paragraph (26), \n shall be considered to satisfy the requirement of this \n paragraph.''.\n\nSEC. 4. HOME STUDIES.\n\n (a) Orderly Process.--\n (1) In general.--Section 471(a) of the Social Security Act (42 \n U.S.C. 671(a)) is further amended--\n (A) by striking ``and'' at the end of paragraph (24);\n (B) by striking the period at the end of paragraph (25) and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(26) provides that--\n ``(A)(i) within 60 days after the State receives from \n another State a request to conduct a study of a home \n environment for purposes of assessing the safety and \n suitability of placing a child in the home, the State shall, \n directly or by contract--\n ``(I) conduct and complete the study; and\n ``(II) return to the other State a report on the \n results of the study, which shall address the extent to \n which placement in the home would meet the needs of the \n child; and\n ``(ii) in the case of a home study begun on or before \n September 30, 2008, if the State fails to comply with clause \n (i) within the 60-day period as a result of circumstances \n beyond the control of the State (such as a failure by a Federal \n agency to provide the results of a background check, or the \n failure by any entity to provide completed medical forms, \n requested by the State at least 45 days before the end of the \n 60-day period), the State shall have 75 days to comply with \n clause (i) if the State documents the circumstances involved \n and certifies that completing the home study is in the best \n interests of the child; except that\n ``(iii) this subparagraph shall not be construed to require \n the State to have completed, within the applicable period, the \n parts of the home study involving the education and training of \n the prospective foster or adoptive parents;\n ``(B) the State shall treat any report described in \n subparagraph (A) that is received from another State or an \n Indian tribe (or from a private agency under contract with \n another State) as meeting any requirements imposed by the State \n for the completion of a home study before placing a child in \n the home, unless, within 14 days after receipt of the report, \n the State determines, based on grounds that are specific to the \n content of the report, that making a decision in reliance on \n the report would be contrary to the welfare of the child; and\n ``(C) the State shall not impose any restriction on the \n ability of a State agency administering, or supervising the \n administration of, a State program operated under a State plan \n approved under this part to contract with a private agency for \n the conduct of a home study described in subparagraph (A).''.\n (2) Report to the congress.--Within 12 months after the date of \n the enactment of this Act, the Secretary of Health and Human \n Services shall submit to the Committee on Ways and Means of the \n House of Representatives and the Committee on Finance of the Senate \n a written report on--\n (A) how frequently States need the extended 75-day period \n provided for in clause (ii) of section 471(a)(26)(A) of the \n Social Security Act in order to comply with clause (i) of such \n section;\n (B) the reasons given for utilizing the extended compliance \n period;\n (C) the extent to which utilizing the extended compliance \n period leads to the resolution of the circumstances beyond the \n control of the State; and\n (D) the actions taken by States and any relevant Federal \n agencies to resolve the need for the extended compliance \n period.\n (3) Sense of the congress.--It is the sense of the Congress \n that each State should--\n (A) use private agencies to conduct home studies when doing \n so is necessary to meet the requirements of section 471(a)(26) \n of the Social Security Act; and\n (B) give full faith and credit to any home study report \n completed by any other State or an Indian tribe with respect to \n the placement of a child in foster care or for adoption.\n (b) Timely Interstate Home Study Incentive Payments.--Part E of \ntitle IV of the Social Security Act (42 U.S.C. 670-679b) is amended by \ninserting after section 473A the following:\n\n``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.\n\n ``(a) Grant Authority.--The Secretary shall make a grant to each \nState that is a home study incentive-eligible State for a fiscal year \nin an amount equal to the timely interstate home study incentive \npayment payable to the State under this section for the fiscal year, \nwhich shall be payable in the immediately succeeding fiscal year.\n ``(b) Home Study Incentive-Eligible State.--A State is a home study \nincentive-eligible State for a fiscal year if--\n ``(1) the State has a plan approved under this part for the \n fiscal year;\n ``(2) the State is in compliance with subsection (c) for the \n fiscal year; and\n ``(3) based on data submitted and verified pursuant to \n subsection (c), the State has completed a timely interstate home \n study during the fiscal year.\n ``(c) Data Requirements.--\n ``(1) In general.--A State is in compliance with this \n subsection for a fiscal year if the State has provided to the \n Secretary a written report, covering the preceding fiscal year, \n that specifies--\n ``(A) the total number of interstate home studies requested \n by the State with respect to children in foster care under the \n responsibility of the State, and with respect to each such \n study, the identity of the other State involved;\n ``(B) the total number of timely interstate home studies \n completed by the State with respect to children in foster care \n under the responsibility of other States, and with respect to \n each such study, the identity of the other State involved; and\n ``(C) such other information as the Secretary may require \n in order to determine whether the State is a home study \n incentive-eligible State.\n ``(2) Verification of data.--In determining the number of \n timely interstate home studies to be attributed to a State under \n this section, the Secretary shall check the data provided by the \n State under paragraph (1) against complementary data so provided by \n other States.\n ``(d) Timely Interstate Home Study Incentive Payments.--\n ``(1) In general.--The timely interstate home study incentive \n payment payable to a State for a fiscal year shall be $1,500, \n multiplied by the number of timely interstate home studies \n attributed to the State under this section during the fiscal year, \n subject to paragraph (2).\n ``(2) Pro rata adjustment if insufficient funds available.--If \n the total amount of timely interstate home study incentive payments \n otherwise payable under this section for a fiscal year exceeds the \n total of the amounts made available pursuant to subsection (h) for \n the fiscal year (reduced (but not below zero) by the total of the \n amounts (if any) payable under paragraph (3) of this subsection \n with respect to the preceding fiscal year), the amount of each such \n otherwise payable incentive payment shall be reduced by a \n percentage equal to--\n ``(A) the total of the amounts so made available (as so \n reduced); divided by\n ``(B) the total of such otherwise payable incentive \n payments.\n ``(3) Appropriations available for unpaid incentive payments \n for prior fiscal years.--\n ``(A) In general.--If payments under this section are \n reduced under paragraph (2) or subparagraph (B) of this \n paragraph for a fiscal year, then, before making any other \n payment under this section for the next fiscal year, the \n Secretary shall pay each State whose payment was so reduced an \n amount equal to the total amount of the reductions which \n applied to the State, subject to subparagraph (B) of this \n paragraph.\n ``(B) Pro rata adjustment if insufficient funds \n available.--If the total amount of payments otherwise payable \n under subparagraph (A) of this paragraph for a fiscal year \n exceeds the total of the amounts made available pursuant to \n subsection (h) for the fiscal year, the amount of each such \n payment shall be reduced by a percentage equal to--\n ``(i) the total of the amounts so made available; \n divided by\n ``(ii) the total of such otherwise payable payments.\n ``(e) Two-Year Availability of Incentive Payments.--Payments to a \nState under this section in a fiscal year shall remain available for \nuse by the State through the end of the next fiscal year.\n ``(f) Limitations on Use of Incentive Payments.--A State shall not \nexpend an amount paid to the State under this section except to provide \nto children or families any service (including post-adoption services) \nthat may be provided under part B or E. Amounts expended by a State in \naccordance with the preceding sentence shall be disregarded in \ndetermining State expenditures for purposes of Federal matching \npayments under sections 423, 434, and 474.\n ``(g) Definitions.--In this section:\n ``(1) Home study.--The term `home study' means an evaluation of \n a home environment conducted in accordance with applicable \n requirements of the State in which the home is located, to \n determine whether a proposed placement of a child would meet the \n individual needs of the child, including the child's safety, \n permanency, health, well-being, and mental, emotional, and physical \n development.\n ``(2) Interstate home study.--The term `interstate home study' \n means a home study conducted by a State at the request of another \n State, to facilitate an adoptive or foster placement in the State \n of a child in foster care under the responsibility of the State.\n ``(3) Timely interstate home study.--The term `timely \n interstate home study' means an interstate home study completed by \n a State if the State provides to the State that requested the \n study, within 30 days after receipt of the request, a report on the \n results of the study. The preceding sentence shall not be construed \n to require the State to have completed, within the 30-day period, \n the parts of the home study involving the education and training of \n the prospective foster or adoptive parents.\n ``(h) Limitations on Authorization of Appropriations.--\n ``(1) In general.--For payments under this section, there are \n authorized to be appropriated to the Secretary--\n ``(A) $10,000,000 for fiscal year 2007;\n ``(B) $10,000,000 for fiscal year 2008;\n ``(C) $10,000,000 for fiscal year 2009; and\n ``(D) $10,000,000 for fiscal year 2010.\n ``(2) Availability.--Amounts appropriated under paragraph (1) \n are authorized to remain available until expended.''.\n (c) Repealer.--Effective October 1, 2010, section 473B of the \nSocial Security Act is repealed.\n\nSEC. 5. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that State agencies should fully \ncooperate with any court which has authority with respect to the \nplacement of a child in foster care or for adoption, for the purpose of \nlocating a parent of the child, and such cooperation should include \nmaking available all information obtained from the Federal Parent \nLocator Service.\n\nSEC. 6. CASEWORKER VISITS.\n\n (a) Purchase of Services in Interstate Placement Cases.--Section \n475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is \namended by striking ``or of the State in which the child has been \nplaced'' and inserting ``of the State in which the child has been \nplaced, or of a private agency under contract with either such State''.\n (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C. \n675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.\n\nSEC. 7. HEALTH AND EDUCATION RECORDS.\n\n Section 475 of the Social Security Act (42 U.S.C. 675) is amended--\n (1) in paragraph (1)(C)--\n (A) by striking ``To the extent available and accessible, \n the'' and inserting ``The''; and\n (B) by inserting ``the most recent information available \n regarding'' after ``including''; and\n (2) in paragraph (5)(D)--\n (A) by inserting ``a copy of the record is'' before \n ``supplied''; and\n (B) by inserting ``, and is supplied to the child at no \n cost at the time the child leaves foster care if the child is \n leaving foster care by reason of having attained the age of \n majority under State law'' before the semicolon.\n\nSEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.\n\n (a) In General.--Section 475(5)(G) of the Social Security Act (42 \nU.S.C. 675(5)(G)) is amended--\n (1) by striking ``an opportunity'' and inserting ``a right'';\n (2) by striking ``and opportunity'' and inserting ``and \n right''; and\n (3) by striking ``review or hearing'' each place it appears and \n inserting ``proceeding''.\n (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C. \n638(b)) is amended by inserting ``shall have in effect a rule requiring \nState courts to ensure that foster parents, pre-adoptive parents, and \nrelative caregivers of a child in foster care under the responsibility \nof the State are notified of any proceeding to be held with respect to \nthe child, and'' after ``highest State court''.\n\nSEC. 9. COURT IMPROVEMENT.\n\n Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1)) \nis amended--\n (1) by striking ``and'' at the end of subparagraph (C); and\n (2) by adding at the end the following:\n ``(E) that determine the best strategy to use to expedite \n the interstate placement of children, including--\n ``(i) requiring courts in different States to cooperate \n in the sharing of information;\n ``(ii) authorizing courts to obtain information and \n testimony from agencies and parties in other States without \n requiring interstate travel by the agencies and parties; \n and\n ``(iii) permitting the participation of parents, \n children, other necessary parties, and attorneys in cases \n involving interstate placement without requiring their \n interstate travel; and''.\n\nSEC. 10. REASONABLE EFFORTS.\n\n (a) In General.--Section 471(a)(15)(C) of the Social Security Act \n(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if \nappropriate, through an interstate placement)'' after ``accordance with \nthe permanency plan''.\n (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42 \nU.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers \nin-State and out-of-State permanent placement options for the child,'' \nbefore ``shall''.\n (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42 \nU.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying \nappropriate in-State and out-of-State placements'' before ``may''.\n\nSEC. 11. CASE PLANS.\n\n Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) \nis amended by inserting ``to facilitate orderly and timely in-State and \ninterstate placements'' before the period.\n\nSEC. 12. CASE REVIEW SYSTEM.\n\n Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C) \nis amended--\n (1) by inserting ``, in the case of a child who will not be \n returned to the parent, the hearing shall consider in-State and \n out-of-State placement options,'' after ``living arrangement''; and\n (2) by inserting ``the hearing shall determine'' before \n ``whether the''.\n\nSEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.\n\n Section 422(b)(12) of the Social Security Act (42 U.S.C. \n622(b)(12)) is amended--\n (1) by striking ``develop plans for the'' and inserting \n ``make'';\n (2) by inserting ``(including through contracts for the \n purchase of services)'' after ``resources''; and\n (3) by inserting ``, and shall eliminate legal barriers,'' \n before ``to facilitate''.\n\nSEC. 14. EFFECTIVE DATE.\n\n (a) In General.--Except as otherwise provided in this section, the \namendments made by this Act shall take effect on October 1, 2006, and \nshall apply to payments under parts B and E of title IV of the Social \nSecurity Act for calendar quarters beginning on or after such date, \nwithout regard to whether regulations to implement the amendments are \npromulgated by such date.\n (b) Delay Permitted If State Legislation Required.--If the \nSecretary of Health and Human Services determines that State \nlegislation (other than legislation appropriating funds) is required in \norder for a State plan under part B or E of title IV of the Social \nSecurity Act to meet the additional requirements imposed by the \namendments made by a provision of this Act, the plan shall not be \nregarded as failing to meet any of the additional requirements before \nthe 1st day of the 1st calendar quarter beginning after the first \nregular session of the State legislature that begins after the date of \nthe enactment of this Act. If the State has a 2-year legislative \nsession, each year of the session is deemed to be a separate regular \nsession of the State legislature.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Safe and Timely Interstate Placement of Foster Children Act of 2006 - Amends the Social Security Act to require each state plan for foster care and adoption assistance to provide that the state shall: (1) have in effect procedures for orderly and timely interstate placement of children. (2) complete home studies requested by another state within a specified period, (3) accept such studies received from another state. And (4) not impose any restrictions on contracting with a private agency to conduct such a study. Directs the Secretary of Health and Human Services to make grants for timely interstate home study incentive payments to states that have approved plans and that have completed, and provided the Secretary a report on, such studies. Expresses the sense of Congress that state agencies should cooperate with courts which have authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Amends the definition of case review system to: (1) increase the required frequency of state caseworker visits to a child who is placed in foster care outside the state in which the child's parents reside. (2) require a child's health and education record to be supplied to the child at no cost when heshe leaves foster care by reason of having attained the age of majority under state law. And (3) provide for a foster parent's right to be heard in any proceeding respecting their foster child. Requires state courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care are notified of any such proceedings. Includes among the purposes of grants to the highest state courts the assessment of the court's role in carrying out state laws requiring proceedings that determine the best strategy to use to expedite the interstate placement of children. Provides for consideration of out-of-state placements in permanency hearings, case plans, and case reviews. Requires each plan for child welfare services to include the assurance that the state will eliminate legal barriers to facilitate timely adoptive or permanent placements for children.","title":"To improve protections for children and to hold States accountable for the safe and timely placement of children across State lines, and for other purposes.","text_len":19952,"sum_len":2166} {"bill_id":"112_hr6187","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cure for AIDS Act of 2012''.\n\nSEC. 2. SENSE OF CONGRESS; FINDINGS.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) finding a cure is essential to ending the AIDS epidemic \n in the United States and globally;\n (2) AIDS treatment has saved millions of lives and also \n makes it much less likely that HIV infection will be passed to \n a partner;\n (3) access to AIDS treatment in the United States and \n globally needs to continue to be expanded but AIDS treatment is \n not a cure and not the ultimate solution for the tens of \n millions of people living with HIV\/AIDS;\n (4) the National Institutes of Health is the leading health \n research organization in the world and has dedicated millions \n of dollars to AIDS cure research;\n (5) to accelerate AIDS cure research and product \n development, it is becoming increasingly important to invest in \n areas that can complement the essential role of the National \n Institutes of Health; and\n (6) a cure will save hundreds of millions of dollars in \n spending and have a powerful positive economic impact globally.\n (b) Findings.--Congress finds the following:\n (1) It is estimated that in 2010 roughly 34,000,000 people \n were living with HIV\/AIDS worldwide.\n (2) In the United States, 1,200,000 Americans are estimated \n to be infected with the virus.\n (3) Every 9.5 minutes, a citizen of the United States \n becomes infected with HIV. Roughly 2,700,000 individuals, \n including 390,000 children, became newly infected with HIV in \n 2010 alone.\n (4) In fiscal year 2012, the Federal Government spent \n $27,700,000,000 on HIV\/AIDS, the largest component being \n services and treatment for people living with HIV\/AIDS in the \n United States at a cost of $15,600,000,000. The average \n lifetime cost of HIV treatment is estimated to be $367,134 per \n person.\n (5) In the last two years, discoveries have led to growing \n optimism in the scientific community that a cure for AIDS can \n be found. The eradication of HIV from the body of one \n individual in Germany has led many scientific leaders to \n believe that curing AIDS is now possible. Leading researchers \n believe we are now at the cutting edge of scientific discovery \n for an AIDS cure with a range of novel approaches being \n explored, including stem cells, gene therapy, medications, and \n immune response modifications, such as therapeutic vaccines.\n\nSEC. 3. ESTABLISHMENT OF HIV\/AIDS CONGRESSIONALLY DIRECTED MEDICAL \n RESEARCH PROGRAM.\n\n (a) Establishment of Research Program.--\n (1) In general.--The Secretary of Defense, acting through \n the Congressionally Directed Medical Research Program, shall \n establish and support an accelerated research program dedicated \n to the discovery of a cure for HIV\/AIDS.\n (2) Administration.--The Secretary shall carry out the \n research program established under paragraph (1) in \n collaboration with--\n (A) the Director of the National Institutes of \n Health;\n (B) the Director of the National Institute of \n Allergy and Infectious Diseases; and\n (C) any head of a Federal agency that the Secretary \n determines appropriate.\n (b) Scope.--To provide the basis for developing a cure for HIV\/\nAIDS, the Secretary shall ensure that research conducted under \nsubsection (a)(1) is highly targeted to address the following \nscientific questions and priorities:\n (1) How HIV persists despite antiretroviral therapy.\n (2) Where HIV persists beyond the reach of antiretroviral \n therapy.\n (3) Whether ongoing attempts of the immune system to clear \n the infection actually hinders the ability of the medical \n community to cure infected individuals.\n (4) Why the immune system reduces but does not eliminate \n levels of the virus.\n (5) How to measure ultra-low levels of the virus in the \n body of an infected individual.\n (6) Identifying and testing interventions, such as drugs, \n that may eliminate the virus from infected individuals.\n (7) Identifying and testing interventions, such as \n vaccines, that may help an infected individual permanently \n control the virus without antiretroviral therapy.\n (c) Assistance by Nonprofit Entities.--\n (1) Coordination.--In carrying out the research program \n established under subsection (a)(1), the Secretary shall \n coordinate with at least one eligible nonprofit entity--\n (A) whose primary mission is ending the AIDS \n epidemic through innovative research; and\n (B) that has experience carrying out programs \n dedicated to AIDS cure research.\n (2) Responsibilities.--The Secretary shall ensure that the \n responsibilities of a nonprofit entity selected under paragraph \n (1) include partnering with the Secretary to establish research \n priorities for peer-reviewed funded research pursuant to \n subsection (b).\n (d) Annual Reports.--In each annual report on the Congressionally \nDirected Medical Research Program that the Secretary submits to \nCongress, the Secretary shall include information on the progress of \nthe research program established under subsection (a)(1).\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $20,000,000 for each of fiscal \nyears 2013 through 2017.","summary":"Cure for AIDS Act of 2012 - Directs the Secretary of Defense (DOD), through the Congressionally Directed Medical Research Program, to establish and support an accelerated research program dedicated to discovering a cure for HIVAIDS. Instructs the Secretary to collaborate with the Director of the National Institutes of Health (NIH), the Director of the National Institute of Allergy and Infectious Diseases, and other appropriate federal agencies. Requires the Secretary to: (1) ensure that such research is highly targeted, (2) coordinate with at least one eligible nonprofit entity, and (3) ensure that the responsibilities of the non-profit entity include partnering with the Secretary in establishing research priorities.","title":"To establish a research program under the Congressionally Directed Medical Research Program of the Department of Defense to discover a cure for HIV\/AIDS.","text_len":5987,"sum_len":726} {"bill_id":"115_hr358","text":"SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.\n\n (a) In General.--Section 926A of title 18, United States Code, is \namended to read as follows:\n``Sec. 926A. Interstate transportation of firearms or ammunition\n ``(a) Notwithstanding any provision of any law, rule, or regulation \nof a State or any political subdivision thereof:\n ``(1) A person who is not prohibited by this chapter from \n possessing, transporting, shipping, or receiving a firearm or \n ammunition shall be entitled to transport a firearm for any \n lawful purpose from any place where the person may lawfully \n possess, carry, or transport the firearm to any other such \n place if, during the transportation, the firearm is unloaded, \n and--\n ``(A) if the transportation is by motor vehicle, \n the firearm is not directly accessible from the \n passenger compartment of the vehicle, and, if the \n vehicle is without a compartment separate from the \n passenger compartment, the firearm is in a locked \n container other than the glove compartment or console, \n or is secured by a secure gun storage or safety device; \n or\n ``(B) if the transportation is by other means, the \n firearm is in a locked container or secured by a secure \n gun storage or safety device.\n ``(2) A person who is not prohibited by this chapter from \n possessing, transporting, shipping, or receiving a firearm or \n ammunition shall be entitled to transport ammunition, or any \n detachable magazine or feeding device for ammunition, for any \n lawful purpose from any place where the person may lawfully \n possess, carry, or transport the ammunition, magazine, or \n feeding device to any other such place if, during the \n transportation, the ammunition, magazine, or feeding device is \n not loaded into a firearm, and--\n ``(A) if the transportation is by motor vehicle, \n the ammunition, magazine, or feeding device is not \n directly accessible from the passenger compartment of \n the vehicle, and, if the vehicle is without a \n compartment separate from the passenger compartment, \n the ammunition, magazine, or feeding device is in a \n locked container other than the glove compartment or \n console; or\n ``(B) if the transportation is by other means, the \n ammunition, magazine, or feeding device is in a locked \n container.\n ``(b) In subsection (a), the term `transport' includes staying in \ntemporary lodging overnight, stopping for food, fuel, vehicle \nmaintenance, an emergency, medical treatment, and any other activity \nincidental to the transport, but does not include transportation--\n ``(1) with the intent to commit a crime punishable by \n imprisonment for a term exceeding one year that involves the \n use or threatened use of force against another; or\n ``(2) with knowledge, or reasonable cause to believe, that \n such a crime is to be committed in the course of, or arising \n from, the transportation.\n ``(c)(1) A person who is transporting a firearm, ammunition, \nmagazine, or feeding device may not be arrested or otherwise detained \nfor violation of any law or any rule or regulation of a State or any \npolitical subdivision thereof related solely to the possession, \ntransportation, or carrying of firearms, ammunition, magazine, or \nfeeding device unless there is probable cause to believe that the \nperson is doing so in a manner not provided for in subsection (a).\n ``(2) When a person asserts this section as a defense in a criminal \nproceeding, the prosecution shall bear the burden of proving, beyond a \nreasonable doubt, that the conduct of the person did not satisfy the \nconditions set forth in subsection (a).\n ``(3) When a person successfully asserts this section as a defense \nin a criminal proceeding, the court shall award the prevailing \ndefendant a reasonable attorney's fee.\n ``(d)(1) A person who is deprived of any right, privilege, or \nimmunity secured by this section, section 926B or 926C, under color of \nany statute, ordinance, regulation, custom, or usage of any State or \nany political subdivision thereof, may bring an action in any \nappropriate court against any other person, including a State or \npolitical subdivision thereof, who causes the person to be subject to \nthe deprivation, for damages and other appropriate relief.\n ``(2) The court shall award a plaintiff prevailing in an action \nbrought under paragraph (1) damages and such other relief as the court \ndeems appropriate, including a reasonable attorney's fee.''.\n (b) Clerical Amendment.--The table of sections for such chapter is \namended in the item relating to section 926A by striking ``firearms'' \nand inserting ``firearms or ammunition''.","summary":"This bill amends the federal criminal code to revise provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. This bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill.","title":"To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.","text_len":5151,"sum_len":890} {"bill_id":"114_hr5163","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Territorial Economic Growth and \nRecovery Act of 2016''.\n\nSEC. 2. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES.\n\n (a) In General.--Section 7652(f) of the Internal Revenue Code of \n1986 is repealed.\n (b) Effective Date.--The amendment made by this section shall apply \nto distilled spirits brought into the United States after December 31, \n2015.\n\nSEC. 3. PAYMENTS TO UNITED STATES TERRITORIES AND POSSESSIONS.\n\n (a) Earned Income Credit.--Section 32 of the Internal Revenue Code \nof 1986 is amended by adding at the end the following:\n ``(n) Treatment of Possessions.--\n ``(1) Payments to possessions.--\n ``(A) Mirror code possession.--The Secretary of the \n Treasury shall periodically (but not less frequently \n than annually) pay to each possession of the United \n States with a mirror code tax system amounts equal to \n the loss to that possession by reason of the \n application of this section (determined without regard \n to paragraph (2)) with respect to taxable years \n beginning after December 31, 2015. Such amounts shall \n be determined by the Secretary of the Treasury based on \n information provided by the government of the \n respective possession.\n ``(B) Other possessions.--The Secretary of the \n Treasury shall periodically (but no less frequently \n than annually) pay to each possession of the United \n States which does not have a mirror code tax system \n amounts estimated by the Secretary of the Treasury as \n being equal to the aggregate benefits that would have \n been provided to residents of such possession by reason \n of the application of this section for taxable years \n beginning after December 31, 2015, if a mirror code tax \n system had been in effect in such possession. The \n preceding sentence shall not apply with respect to any \n possession of the United States unless such possession \n has a plan, which has been approved by the Secretary of \n the Treasury, under which such possession will promptly \n distribute such payments to the residents of such \n possession.\n ``(2) Coordination with credit allowed against united \n states income taxes.--No credit shall be allowed under this \n section for any taxable year to any person--\n ``(A) to whom a credit is allowed against taxes \n imposed by the possession by reason of this section \n (determined without regard to this paragraph) for such \n taxable year, or\n ``(B) who is eligible for a payment under a plan \n described in paragraph (1)(B) with respect to such \n taxable year.\n ``(3) Definitions and special rules.--\n ``(A) Possession of the united states.--For \n purposes of this subsection, the term `possession of \n the United States' includes the Commonwealth of Puerto \n Rico and the Commonwealth of the Northern Mariana \n Islands.\n ``(B) Mirror code tax system.--For purposes of this \n subsection, the term `mirror code tax system' means, \n with respect to any possession of the United States, \n the income tax system of such possession if the income \n tax liability of the residents of such possession under \n such system is determined by reference to the income \n tax laws of the United States as if such possession \n were the United States, and such system includes a tax \n credit substantially identical to the credit allowed \n under this section.\n ``(C) Treatment of payments.--For purposes of \n section 1324(b)(2) of title 31, United States Code, or \n any similar rule of law, any payment made under this \n subsection shall be treated in the same manner as a \n refund due from the credit allowed under this \n section.''.\n (b) Child Tax Credit.--Section 24 of such Code is amended by adding \nat the end the following:\n ``(h) Payments to Virgin Islands and Guam for Lost Revenue.--The \nSecretary shall make annual payments to the Virgin Islands and to Guam \nin amounts equal to the aggregate loss to the Virgin Islands or Guam, \nas the case may be, by reason of the application of this section with \nrespect to taxable years beginning after 2015. Such amounts shall be \ndetermined by the Secretary based on information provided by the Virgin \nIslands and Guam. For purposes of section 1324(b)(2) of title 31, \nUnited States Code, the payments under this subsection shall be treated \nin the same manner as a refund due from the credit allowed under this \nsection.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to taxable years beginning after December 31, 2015.\n\nSEC. 4. STUDY AND REPORT REGARDING VIRGIN ISLANDS PUBLIC PENSION PLANS.\n\n Not later than 6 months after the date of the enactment of this \nAct, the Joint Board for the Enrollment of Actuaries established under \nsection 3041 of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1241) shall report to the Office of Domestic Finance of the \nDepartment of the Treasury on recommendations on actions that would be \nnecessary to ensure that the public pension plans of the Virgin Islands \ncan be sustainably maintained and funded by the government of the \nVirgin Islands for the next 20 years.","summary":"Territorial Economic Growth and Recovery Act of 2016 This bill amends the Internal Revenue Code to repeal the limitation on the amount of distilled spirits excise taxes covered over to the treasuries of the Virgin Islands and Puerto Rico. If Puerto Rico or the Northern Mariana Islands has a tax system that mirrors federal tax law , the Department of the Treasury must pay each possession amounts equal to the loss to the possession due to the application of the Earned Income Tax Credit (EITC). If the possession does not have a mirror code tax system, Treasury must pay to the possession an amount equal to the aggregate benefits that would have been provided to residents of the possession by applying the EITC if a mirror code tax system had been in effect. Treasury must pay to the Virgin Islands and Guam amounts equal to the aggregate loss to the Virgin Islands or Guam due to the Child Tax Credit. The Joint Board for the Enrollment of Actuaries must submit to Treasury's Office of Domestic Finance recommendations for actions that would be necessary to ensure that the public pension plans of the Virgin Islands can be sustainably maintained and funded by the government of the Virgin Islands for the next 20 years.","title":"Territorial Economic Growth and Recovery Act of 2016","text_len":6004,"sum_len":1225} {"bill_id":"110_s3569","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n (a) Short Title.--This Act may be cited as the ``Judicial \nAdministration and Technical Amendments Act of 2008''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Change in composition of divisions of western district of \n Tennessee.\nSec. 3. Supplemental attendance fee for petit jurors serving on lengthy \n trials.\nSec. 4. Authority of district courts as to a jury summons.\nSec. 5. Public drawing specifications for jury wheels.\nSec. 6. Assessment of court technology costs.\nSec. 7. Repeal of obsolete provision in the bankruptcy code relating to \n certain dollar amounts.\nSec. 8. Investment of court registry funds.\nSec. 9. Magistrate judge participation at circuit conferences.\nSec. 10. Selection of chief pretrial services officers.\nSec. 11. Attorney case compensation maximum amounts.\nSec. 12. Expanded delegation authority for reviewing Criminal Justice \n Act vouchers in excess of case compensation maximums.\nSec. 13. Repeal of obsolete cross-references to the Narcotic Addict \n Rehabilitation Act.\nSec. 14. Conditions of probation and supervised release.\nSec. 15. Contracting for services for pretrial defendants and post-\n conviction supervision offenders.\nSec. 16. Judge members of U.S. Sentencing Commission.\nSec. 17. Penalty for failure to appear for jury summons.\nSec. 18. Place of holding court for the District of Minnesota.\nSec. 19. Penalty for employers who retaliate against employees serving \n on jury duty.\nSEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF \nTENNESSEE.\n (a) In General.--Section 123(c) of title 28, United States Code, is \namended--\n (1) in paragraph (1)--\n (A) by inserting ``Dyer,'' after ``Decatur,''; and\n (B) in the last sentence by inserting ``and Dyersburg'' \n after ``Jackson''; and\n (2) in paragraph (2)--\n (A) by striking ``Dyer,''; and\n (B) in the second sentence, by striking ``and Dyersburg''.\n (b) Effective Date.--\n (1) In general.--The amendments made by this section shall take \n effect on the date of enactment of this Act.\n (2) Pending cases not affected.--The amendments made by this \n section shall not affect any action commenced before the effective \n date of this section and pending in the United States District \n Court for the Western District of Tennessee on such date.\n (3) Juries not affected.--The amendments made by this section \n shall not affect the composition, or preclude the service, of any \n grand or petit jury summoned, impaneled, or actually serving in the \n United States District Court for the Western District of Tennessee \n on the effective date of this section.\nSEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY \nTRIALS.\n (a) In General.--Section 1871(b)(2) of title 28, United States \nCode, is amended by striking ``thirty'' in each place it occurs and \ninserting ``ten''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on October 1, 2009.\nSEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.\n Section 1866(g) of title 28, United States Code, is amended in the \nfirst sentence--\n (1) by striking ``shall'' and inserting ``may''; and\n (2) by striking ``his''.\nSEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS.\n (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, \nUnited States Code, is amended--\n (1) in the first sentence, by striking ``publicly''; and\n (2) by inserting ``The clerk or jury commission shall post a \n general notice for public review in the clerk's office and on the \n court's website explaining the process by which names are \n periodically and randomly drawn.'' after the first sentence.\n (b) Selection and Summoning of Jury Panels.--Section 1866(a) of \ntitle 28, United States Code, is amended--\n (1) in the second sentence, by striking ``publicly''; and\n (2) by inserting ``The clerk or jury commission shall post a \n general notice for public review in the clerk's office and on the \n court's website explaining the process by which names are \n periodically and randomly drawn.'' after the second sentence.\n (c) Technical and Conforming Amendment.--Section 1869 of title 28, \nUnited States Code, is amended--\n (1) in subsection (j), by adding ``and'' at the end;\n (2) by striking subsection (k); and\n (3) by redesignating subsection (l) as subsection (k).\nSEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS.\n Section 1920 of title 28, United States Code, is amended--\n (1) in paragraph (2), by striking ``of the court reporter for \n all or any part of the stenographic transcript'' and inserting \n ``for printed or electronically recorded transcripts''; and\n (2) in paragraph (4), by striking ``copies of papers'' and \n inserting ``the costs of making copies of any materials where the \n copies are''.\nSEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO \nCERTAIN DOLLAR AMOUNTS.\n Section 104 of title 11, United States Code, is amended--\n (1) by striking subsection (a);\n (2) by redesignating subsection (b)(1) as subsection (a) and \n subparagraphs (A) and (B) of that subsection as paragraphs (1) and \n (2), respectively;\n (3) by redesignating subsection (b)(2) as subsection (b);\n (4) by redesignating subsection (b)(3) as subsection (c); and\n (5) in subsection (c) (as redesignated by paragraph (4) of this \n section), by striking ``paragraph (1)'' and inserting ``subsection \n (a)''.\nSEC. 8. INVESTMENT OF COURT REGISTRY FUNDS.\n (a) In General.--Chapter 129 of title 28, United States Code, is \namended by inserting after section 2044 the following:\n``Sec. 2045. Investment of court registry funds\n ``(a) The Director of the Administrative Office of the United \nStates Courts, or the Director's designee under subsection (b), may \nrequest the Secretary of the Treasury to invest funds received under \nsection 2041 in public debt securities with maturities suitable to the \nneeds of the funds, as determined by the Director or the Director's \ndesignee, and bearing interest at a rate determined by the Secretary of \nthe Treasury, taking into consideration current market yields on \noutstanding marketable obligations of the United States of comparable \nmaturity.\n ``(b) The Director may designate the clerk of a court described in \nsection 610 to exercise the authority conferred by subsection (a).''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 129 of title 28, United States Code, is amended by adding at \nthe end the following:\n\n``2045. Investment of court registry funds.''.\nSEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.\n Section 333 of title 28, United States Code, is amended in the \nfirst sentence by inserting ``magistrate,'' after ``district,''.\n SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.\n Section 3152 of title 18, United States Code, is amended by \nstriking subsection (c) and inserting the following:\n ``(c) The pretrial services established under subsection (b) of \nthis section shall be supervised by a chief pretrial services officer \nappointed by the district court. The chief pretrial services officer \nappointed under this subsection shall be an individual other than one \nserving under authority of section 3602 of this title.''.\n SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.\n Section 3006A(d)(2) of title 18, United States Code, is amended by \nadding ``The compensation maximum amounts provided in this paragraph \nshall increase simultaneously by the same percentage, rounded to the \nnearest multiple of $100, as the aggregate percentage increases in the \nmaximum hourly compensation rate paid pursuant to paragraph (1) for \ntime expended since the case maximum amounts were last adjusted.'' at \nthe end.\n SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE \n ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS.\n (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18, \nUnited States Code, is amended in the second sentence by inserting ``or \nsenior'' after ``active''.\n (b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18, \nUnited States Code, is amended in the second sentence by inserting ``or \nsenior'' after ``active''.\n (c) Counsel for Financially Unable Defendants.--Section 3599(g)(2) \nof title 18, United States Code, is amended in the second sentence by \ninserting ``or senior'' after ``active''.\n SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT \n REHABILITATION ACT.\n Section 3161(h) of title 18, United States Code, is amended--\n (1) in paragraph (1)--\n (A) by striking subparagraphs (B) and (C); and\n (B) by redesignating subparagraphs (D) through (J) as \n subparagraphs (B) through (H), respectively;\n (2) by striking paragraph (5); and\n (3) by redesignating paragraphs (6) through (9) as paragraphs \n (5) through (8), respectively.\n SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.\n (a) Conditions of Probation.--Section 3563(a)(2) of title 18, \nUnited States Code, is amended by striking ``(b)(2), (b)(3), or \n(b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has \nimposed a fine under this chapter, or''.\n (b) Supervised Release After Imprisonment.--Section 3583(d) of \ntitle 18, United States Code, is amended by striking ``section \n3563(b)(1)'' and all that follows through ``appropriate.'' and \ninserting ``section 3563(b) and any other condition it considers to be \nappropriate, provided, however that a condition set forth in subsection \n3563(b)(10) shall be imposed only for a violation of a condition of \nsupervised release in accordance with section 3583(e)(2) and only when \nfacilities are available.''.\n (c) Technical and Conforming Amendment.--Section 3563(b)(10) of \ntitle 18, United States Code, is amended by inserting ``or supervised \nrelease'' after ``probation''.\n SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST-\n CONVICTION SUPERVISION OFFENDERS.\n (a) Pretrial Service Functions.--Section 3154(4) of title 18, \nUnited States Code, is amended by inserting ``, and contract with any \nappropriate public or private agency or person, or expend funds, to \nmonitor and provide treatment as well as nontreatment services to any \nsuch persons released in the community, including equipment and \nemergency housing, corrective and preventative guidance and training, \nand other services reasonably deemed necessary to protect the public \nand ensure that such persons appear in court as required'' before the \nperiod.\n (b) Duties of Director of Administrative Office of the United \nStates Courts.--Section 3672 of title 18, United States Code, is \namended in the seventh undesignated paragraph--\n (1) in the third sentence, by striking ``negotiate and award \n such contracts'' and inserting ``negotiate and award contracts \n identified in this paragraph''; and\n (2) in the fourth sentence, by inserting ``to expend funds or'' \n after ``He shall also have the authority''.\n SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION.\n Section 991(a) of title 28, United States Code, is amended in the \nthird sentence by striking ``Not more than'' and inserting ``At \nleast''.\n SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS.\n (a) Section 1864 Summons.--Section 1864(b) of title 28, United \nStates Code, is amended by striking ``$100 or imprisoned not more than \nthree days, or both.'' each place it appears and inserting ``$1,000, \nimprisoned not more than three days, ordered to perform community \nservice, or any combination thereof.''.\n (b) Section 1866 Summons.--Section 1866(g) of title 28, United \nStates Code, is amended by striking ``$100 or imprisoned not more than \nthree days, or both.'' and inserting ``$1,000, imprisoned not more than \nthree days, ordered to perform community service, or any combination \nthereof.''.\n SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA.\n Section 103(6) of title 28, United States Code, is amended in the \nsecond sentence by inserting ``and Bemidji'' before the period.\n SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES \n SERVING ON JURY DUTY.\n Section 1875(b)(3) of title 28, United States Code, is amended by \nstriking ``$1,000 for each violation as to each employee.'' and \ninserting ``$5,000 for each violation as to each employee, and may be \nordered to perform community service.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Judicial Administration and Technical Amendments Act of 2008 - Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee. And (2) make Dyersburg a site where the Court for the Eastern Division shall be held. Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee. Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons. Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel. Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts. And (2) copies of any materials where the copies are necessarily obtained for use in the case. Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts. Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities. Authorizes magistrate judge participation at circuit conferences. Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants. Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants, (2) services other than counsel. Or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge . Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements. Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment. Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required. Amends the federal judicial code to require at least Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well. Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji . Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.","title":"A bill to make improvements in the operation and administration of the Federal courts, and for other purposes.","text_len":13070,"sum_len":3649} {"bill_id":"113_hr5250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restore Opportunity, Strengthen, and \nImprove the Economy Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress of the United States finds the \nfollowing:\n (1) The disappearance of good jobs, the shrinking of the \n middle class, and growing income inequality are the greatest \n domestic challenges confronting the Nation.\n (2) The United States Government is the largest purchaser \n of goods and services in the Nation's private-sector economy, \n spending over $1.5 trillion dollars annually at firms that \n employ a quarter of American workers.\n (3)(A) Federal purchasing power is currently creating \n millions of poverty-level jobs, subsidizing labor law-breakers, \n and funding ballooning executive compensation.\n (B) The Federal Government is the Nation's leading creator \n of low-wage jobs in the private sector, funding more than \n 2,000,000 jobs paying under $12 per hour.\n (C) The Federal Government awards taxpayer dollars to a \n substantial number of firms that violate Federal labor, \n employment, and occupational safety laws.\n (D) Federal Government purchasing subsidizes the excessive \n salaries of private-sector executives who do business with the \n American people.\n (4) When Federal purchasing power is used in such a manner, \n workers have less to spend on the necessities of life and are \n forced to rely on public assistance. Lack of working purchasing \n power hurts job creation and undermines economic growth, \n ultimately imposing significant costs on American taxpayers.\n (5)(A) Federal purchasing power should be used to create \n good jobs, rebuild the middle class, and curb rising income \n inequality.\n (B) Federal purchasing power should be used to create good \n jobs for America. Good jobs allow workers and their families to \n live in dignity without relying on public assistance or private \n charity. Good jobs pay enough to provide for subsistence, \n health care, education, housing, and savings, as well as enough \n disposable income to allow workers to enjoy quality time off \n with their loved ones.\n (C) Federal purchasing power should be used to rebuild the \n middle class. A strong middle class stimulates the economy by \n increasing consumer spending and job growth.\n (D) Federal purchasing power should be used to narrow the \n growing gulf between the richest one percent of the population \n and ordinary working families that is threatening the survival \n of participatory democracy.\n (b) Purposes.--The purposes of this Act are the following:\n (1) To use Federal purchasing power to incentivize private-\n sector firms.\n (2) To create good jobs for America's workers.\n (3) To rebuild America's middle class.\n (4) To address America's crisis of income inequality.\n (5) To invigorate the economy by increasing the purchasing \n power of working Americans.\n\nSEC. 3. GOOD JOBS MODEL EMPLOYER STANDARDS.\n\n For purposes of this Act, a Good Jobs Model Employer is one which \nmeets the following standards:\n (1) Respects employees' rights to bargain collectively with \n their employers without being forced to take strike action to \n win better wages and working conditions.\n (2) Offers to each employee living wages, decent benefits \n including health care, paid leave for sickness and caregiving, \n and fair work schedules that are predictable and stable.\n (3) Affirmatively demonstrates an exemplary standard of \n compliance with workplace protection laws, including laws \n governing labor relations, wages and hours, and health and \n safety, as well as other applicable labor laws.\n (4) Limits executive compensation to 50 times the median \n salary paid to the company's workers.\n (5) Employs a workforce not less than 35 percent of which \n reside within one or more Historically Underutilized Business \n Zones.\n (6) Subcontracts only with other Good Jobs Model Employers.\n\nSEC. 4. APPLICATION TO FEDERAL CONTRACTS AND ASSISTANCE.\n\n (a) Eligibility for Award of Procurement Contracts.--In the award \nof a contract for the acquisition of supplies or services, an executive \nagency may not award the contract to a source that is not a Good Jobs \nModel Employer, unless there is no offer from a source that is a Good \nJobs Model Employer.\n (b) Eligibility for Award of Financial and Nonfinancial \nAssistance.--An executive agency may not provide other forms of \nfinancial or nonfinancial assistance to entities that are not model \nemployers when there is a similarly situated Good Jobs Model Employer \nthat could receive the assistance, unless doing so would substantially \nundermine the value of the assistance to the public good.\n (c) Incorporation Into Future Federal Contracts and Assistance \nAgreements.--Beginning on January 1, 2015, executive agencies shall \nincorporate into each new contract, contract-like instrument, or \nassistance agreement a clause requiring the contractor or recipient to \nconduct itself as a Good Jobs Model Employer for the duration of the \ncontract.\n (d) Exclusions.--None of the provisions of this section shall be \ninterpreted to apply to--\n (1) direct Federal statutory entitlements;\n (2) mandatory awards;\n (3) direct awards to foreign governments or public \n international organizations;\n (4) benefits to an individual as a personal entitlement; or\n (5) Federal employment.\n\nSEC. 5. IMPLEMENTATION.\n\n (a) Good Jobs Model Employer Standards.--The Secretary of Labor \nshall promulgate regulations implementing the Good Jobs Model Employer \nStandards of section 3(a) so as to effect the policy and purposes of \nthis Act within 180 days after the date of enactment of this Act. The \nSecretary of Labor shall amend these regulations as necessary so that \nthey continue to effect the policy and purposes of this Act.\n (b) Procurement Policy.--The Administrator of General Services, the \nSecretary of Defense, and the Administrator of the National Aeronautics \nand Space Administration, in coordination with the Office of Federal \nProcurement Policy, shall amend the Federal Acquisition Regulation \nwithin 180 days after the date of enactment of this Act to effect the \npolicy and purposes of this Act, and subsequently as necessary to \ncontinue to effect the policy and purposes of this Act.\n (c) Debarment or Suspension.--\n (1) An organization which acquires any form of financial or \n nonfinancial benefit or a contract from an executive agency \n through the operation of the procedure described in section 4 \n shall be placed on the Excluded Parties List enacted by \n Executive Orders 12549 and 12689 for a period of at least 2 \n years if it fails to remain a model employer for the duration \n of the benefit.\n (2) An organization which violates a Good Job Model \n Employer clause in a contract or agreement required by section \n 4(c) shall be placed on the Excluded Parties List enacted by \n Executive Orders 12549 and 12689 for a period of 3 years.\n (3) Parties which are suspended multiple times may be \n debarred permanently.\n\nSEC. 6. SEVERABILITY.\n\n If any provision of this Act, or applying such provision to any \nperson or circumstance, is held to be invalid, the remainder of this \nAct and the application of the provisions of such to any person or \ncircumstance shall not be affected thereby.","summary":"Restore Opportunity, Strengthen, and Improve the Economy Act - Prohibits an executive agency from awarding a contract for the acquisition of supplies or services to a source that is not a Good Jobs Model Employer, unless there is no offer from such an employer. Defines a quot, Good Jobs Model Employerquot. As one that: respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions. Offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable. Affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws. Limits executive compensation to 50 times the median salary paid to the company's workers. Employs a workforce not less than 35 of which reside within one or more Historically Underutilized Business Zones. And subcontracts only with other Good Jobs Model Employers. Prohibits an executive agency from providing other forms of assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. Requires executive agencies to incorporate into each new contract or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. Provides for the suspension of a contractor or assistance recipient that fails to do so and for debarment for multiple violations. Requires: (1) the Secretary of Labor to promulgate regulations implementing such Good Jobs Model Employer standards, and (2) specified officials to amend the Federal Acquisition Regulation to effect the policy and purposes of this Act.","title":"Restore Opportunity, Strengthen, and Improve the Economy Act","text_len":7980,"sum_len":2023} {"bill_id":"111_hr2198","text":"SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS \n INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL \n BUILDINGS.\n\n (a) 20-Year Recovery Period for Highly Efficient HVAC&R \nEquipment.--Subparagraph (F) of section 168(e)(3) of the Internal \nRevenue Code of 1986 (relating to 20-year property) is amended to read \nas follows:\n ``(F) 20-year property.--The term `20-year \n property' means--\n ``(i) initial clearing and grading land \n improvements with respect to any electric \n utility transmission and distribution plant, \n and\n ``(ii) any property--\n ``(I) which is part of a heating, \n ventilation, air conditioning, or \n commercial refrigeration system,\n ``(II) which exceeds by at least 10 \n percent the applicable minimum \n performance standard for such system or \n component under the National Appliance \n Energy Conservation Act of 1987 or the \n Energy Policy Act of 1992 (as such Acts \n are in effect on the date that such \n property is placed in service and \n taking into account any changes to the \n American Society of Heating, \n Refrigerating and Air-conditioning \n Engineers Standard 90.1 which have been \n adopted by the Department of Energy as \n of such date),\n ``(III) which is installed on or in \n a building which is nonresidential real \n property or residential rental \n property,\n ``(IV) the original use of which \n commences with the taxpayer (the owner \n or lessor in the case of residential \n rental property), and\n ``(V) which is placed in service \n before January 1, 2013.''\n (b) 25-Year Recovery Period.--Section 168(e)(3) of such Code is \nfurther amended by inserting after subparagraph (F) the following new \nsubparagraph:\n ``(G) 25-year property.--The term `25-year \n property' means any property--\n ``(i) which is part of a heating, \n ventilation, air conditioning, or commercial \n refrigeration system,\n ``(ii) which is not described in \n subparagraph (F),\n ``(iii) which is installed on or in a \n building which is nonresidential real property \n or residential rental property,\n ``(iv) the original use of which commences \n with the taxpayer (the owner or lessor in the \n case of residential rental property), and\n ``(v) which is placed in service before \n January 1, 2013.''.\n (c) Conforming Amendments.--\n (1) The table contained in section 168(c) of such Code is \n amended by inserting after the item relating to 20-year \n property the following new item:\n\n ``25-year property................................. 25 years''.\n (2) The table contained in section 467(e)(3)(A) of such \n Code is amended by inserting after the item relating to \n residential rental property and nonresidential real property \n the following new item:\n\n ``25-year property................................. 25 years''.\n (d) Requirement To Use Straight Line Method.--Paragraph (3) of \nsection 168(b) of such Code (relating to property to which straight \nline method applies) is amended by redesignating subparagraphs (F), \n(G), (H), and (I) as subparagraphs (G), (H), (I), and (J), \nrespectively, and by inserting after subparagraph (E) the following new \nsubparagraph:\n ``(F) Property described in subsection (e)(3)(F)(ii) and \n subsection (e)(3)(G).''.\n (e) Alternative System.--The table contained in section \n168(g)(3)(B) of such Code is amended by striking the items relating to \nsubparagraph (F) and inserting the following new items:\n\n ``(F)(i)............................................... 20 \n (F)(ii)............................................... 20 \n (G)................................................... 25''.\n (f) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2008.","summary":"Amends the Internal Revenue Code to provide for accelerated depreciation of certain energy-efficient heating, ventilation, air conditioning, or commercial refrigeration property installed in nonresidential real property or residential rental property and placed in service before January 1, 2013.","title":"To amend the Internal Revenue Code of 1986 to provide a shorter recovery period for the depreciation of certain systems installed in nonresidential real property or residential rental property.","text_len":5203,"sum_len":296} {"bill_id":"111_hr907","text":"SECTION 1. LIVESTOCK ENERGY INVESTMENT CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 40A the following new section:\n\n``SEC. 40B. RENEWABLE ENERGY PRODUCED FROM LIVESTOCK WASTE USING EPA-\n VERIFIED TECHNOLOGIES FOR THE COMPREHENSIVE ENVIRONMENTAL \n TREATMENT OF LIVESTOCK WASTE.\n\n ``(a) In General.--For purposes of section 38, the livestock-\nderived renewable energy production credit for any taxable year is an \namount equal to the product of--\n ``(1) $5.56, and\n ``(2) each million British thermal units (mmBtu) of \n livestock-derived renewable energy--\n ``(A) produced by the taxpayer--\n ``(i) from qualified energy feedstock,\n ``(ii) at a qualified facility during the \n 7-year period beginning on the date the \n facility was originally placed in service, and\n ``(iii) using an EPA-verified technology \n that provides comprehensive livestock waste \n treatment addressing significant reductions to \n nitrogen and phosphorus nutrient discharges, \n odor and air emissions including greenhouse \n gases and ammonia, methane, hydrogen sulfide \n and volatile organic compounds, and\n ``(B) either--\n ``(i) sold by the taxpayer to an unrelated \n person during the taxable year, or\n ``(ii) used by the taxpayer during the \n taxable year.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Livestock-derived renewable energy.--The term \n `livestock-derived renewable energy' means fuel which is \n derived by processing qualified energy feedstock.\n ``(2) Qualified energy feedstock.--\n ``(A) In general.--The term `qualified energy \n feedstock' means--\n ``(i) manure of livestock (including any \n litter, wood shavings, straw, rice hulls, \n bedding material, and other materials \n incidentally collected with the manure),\n ``(ii) any nonhazardous, organic \n agricultural or food industry byproduct or \n waste material (cellulosic or otherwise) \n derived from--\n ``(I) renewable biomass,\n ``(II) harvesting residue,\n ``(III) any waste or byproduct from \n fermentation processes, ethanol \n production, biodiesel production, \n slaughter of livestock, food \n production, food processing, or food \n service, or\n ``(IV) other organic wastes, \n byproducts, or sources,\n ``(iii) solid wood waste materials, \n including waste pallets, crates, dunnage, \n manufacturing and construction wood wastes, and \n tree trimmings, or\n ``(iv) agricultural or forestry crops.\n ``(B) Renewable biomass.--The term `renewable \n biomass' means materials from pre-commercial thinning \n or invasive species from National Forest System land \n and public lands (as defined in section 103 of the \n Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1702)) that--\n ``(i)(I) are byproducts of preventive \n treatments that are removed--\n ``(aa) to reduce or contain disease \n or insect infestation, or\n ``(bb) to restore ecosystem health,\n ``(II) would not otherwise be used for \n higher-value products, and\n ``(III) are harvested in accordance with \n applicable law and land management plans and \n the requirements for--\n ``(aa) old-growth maintenance, \n restoration, and management direction \n of paragraphs (2), (3), and (4) of \n subsection (e) of section 102 of the \n Healthy Forests Restoration Act of 2003 \n (16 U.S.C. 6512), and\n ``(bb) large tree retention of \n subsection (f) of that section, or\n ``(ii) any organic matter that is available \n on a renewable or recurring basis from non-\n Federal land or land belonging to an Indian or \n Indian tribe that is held in trust by the \n United States or subject to a restriction \n against alienation imposed by the United \n States, including--\n ``(I) renewable plant material \n (such as feed grains, other \n agricultural commodities, other plants \n and trees, and algae), and\n ``(II) waste material (such as crop \n residue, other vegetative waste \n material (including wood waste and wood \n residues), animal waste and byproducts \n (including fats, oils, greases, and \n manure), food waste, and yard waste).\n ``(C) Livestock.--The term `livestock' includes \n poultry, cattle, sheep, swine, goats, horses, mules, \n and other equines.\n ``(3) Qualified facility.--The term `qualified facility' \n means a facility--\n ``(A) which is owned by the taxpayer,\n ``(B) which is located in the United States,\n ``(C) which is originally placed in service before \n January 1, 2018, and\n ``(D) the livestock-derived renewable energy output \n of which is--\n ``(i) marketed through interconnection with \n a gas distribution or transmission pipeline, or\n ``(ii) used on-site or off-site in a \n quantity that is sufficient to offset the \n consumption of at least 50,000 mmBtu annually \n of commercially marketed fuel derived from \n coal, crude oil, natural gas, propane, or other \n fossil fuel.\n ``(4) EPA-verified technology.--The term `EPA-verified \n technology' means any technology the performance of which is \n verified by the Environmental Technology Verification Program \n of the Environmental Protection Agency.\n ``(c) Reduction of Credit Based on Market Price of Btus.--\n ``(1) In general.--If the market price per mmBtu's exceeds \n $11, the amount otherwise applicable under subsection (a)(1) \n for the taxable year (without regard to paragraph (1)) shall be \n reduced (but not below zero) by the amount which bears the same \n ratio to the amount otherwise so applicable as such excess \n bears to $5.\n ``(2) Rounding.--Any reduction determined under \n subparagraph (A) which is not a multiple of 10 cents shall be \n rounded to the nearest multiple of 10 cents.\n ``(3) Market price.--For purposes of this paragraph, the \n market price per mmBtu for any taxable year shall be the daily \n average market price per mmBtu on the Chicago exchange during \n the 3-month period ending at the close of the preceding taxable \n year.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Production attributable to the taxpayer.--In the case \n of a facility in which more than 1 person has an ownership \n interest, except to the extent provided in regulations \n prescribed by the Secretary, production from the qualified \n facility shall be allocated among such persons in proportion to \n their respective ownership interests in the gross sales from \n such qualified facility.\n ``(2) Related persons.--Persons shall be treated as related \n to each other if such persons would be treated as a single \n employer under the regulations prescribed under section 52(b). \n In the case of a corporation which is a member of an affiliated \n group of corporations filing a consolidated return, such \n corporation shall be treated as selling livestock-derived \n renewable energy to an unrelated person if such biogas is sold \n to such a person by another member of such group.\n ``(3) Pass-thru in the case of estates and trusts.--Under \n regulations prescribed by the Secretary, rules similar to the \n rules of subsection (d) of section 52 shall apply.\n ``(4) Coordination with credit from producing fuel from a \n nonconventional source.--The amount of livestock-derived \n renewable energy produced and sold or used by the taxpayer \n during any taxable year which is taken into account under this \n section shall be reduced by the amount of livestock-derived \n renewable energy produced and sold by the taxpayer in such \n taxable year which is taken into account under section 45K.\n ``(5) Credit eligibility in the case of government-owned \n facilities using poultry waste.--In the case of a facility \n using poultry waste to produce livestock-derived renewable \n energy and owned by a governmental unit, subparagraph (B) of \n subsection (b)(3) shall be applied by substituting `is leased \n or operated by the taxpayer' for `is owned by the taxpayer'.\n ``(e) Transferability of Credit.--\n ``(1) In general.--A taxpayer may transfer the credit under \n this section through an assignment to any person. Such transfer \n may be revoked only with the consent of the Secretary.\n ``(2) Regulations.--The Secretary shall prescribe such \n regulations as necessary to ensure that any credit transferred \n under paragraph (1) is claimed once and not reassigned by such \n other person.\n ``(f) Adjustment Based on Inflation.--\n ``(1) In general.--The $5.56 amount in subsection (a)(1) \n and the $11 amount in subsection (c)(2)(A) shall each be \n adjusted by multiplying such amount by the inflation adjustment \n factor for the calendar year in which the sale occurs. If any \n amount as increased under the preceding sentence is not a \n multiple of 0.1 cent, such amount shall be rounded to the \n nearest multiple of 0.1 cent.\n ``(2) Computation of inflation adjustment factor.--\n ``(A) In general.--The Secretary shall, not later \n than April 1 of each calendar year, determine and \n publish in the Federal Register the inflation \n adjustment factor in accordance with this paragraph.\n ``(B) Inflation adjustment factor.--The term \n `inflation adjustment factor' means, with respect to a \n calendar year, a fraction the numerator of which is the \n GDP implicit price deflator for the preceding calendar \n year and the denominator of which is the GDP implicit \n price deflator for calendar year 2007. The term `GDP \n implicit price deflator' means the most recent revision \n of the implicit price deflator for the gross domestic \n product as computed and published by the Department of \n Commerce before March 15 of the calendar year.''.\n (b) Credit Treated as Business Credit.--Section 38(b) of such Code \nis amended by striking ``plus'' at the end of paragraph (30), by \nstriking the period at the end of paragraph (31) and inserting ``, \nplus'', and by adding at the end the following new paragraph:\n ``(32) the livestock-derived renewable energy production \n credit under section 40B(a).''.\n (c) Credit Allowed Against Amt.--Section 38(c)(4)(B) of such Code \nis amended by striking ``and'' at the end of clause (i), by striking \nthe period at the end of clause (ii)(II) and inserting ``, and'', and \nby adding at the end the following new clause:\n ``(iii) the credit determined under section \n 40B.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 40A the following new \nitem:\n\n``Sec. 40B. Renewable energy produced from livestock waste using EPA-\n verified technologies for the comprehensive \n environmental treatment of livestock \n waste.''.\n (e) Effective Date.--The amendments made by this section shall \napply to energy produced, and sold or used, in taxable years beginning \nafter the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code to allow a business-related tax credit for: (1) the production of renewable energy from qualified energy feedstock using a technology verified by the Environmental Protection Agency (EPA). And (2) the sale or use of such energy. Defines qualified energy feedstock to include manure of livestock, any nonhazardous, organic agricultural or food industry byproduct or waste material derived from renewable biomass, solid wood waste materials, or agricultural or forestry crops. Allows such credit to offset alternative minimum tax (AMT) liability.","title":"To amend the Internal Revenue Code of 1986 to provide for a livestock energy investment credit.","text_len":14197,"sum_len":577} {"bill_id":"109_s3915","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Smoke Free Mothers and Babies Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) At least 1 out of every 10 pregnant women in the United \n States smokes, which accounts for over 500,000 births per year.\n (2) Tobacco use during pregnancy causes serious harm to the \n fetus. Fetal mortality rates are 35 percent higher among \n pregnant women who smoke than among nonsmokers and the Surgeon \n General reports that a pregnant woman who smokes is 1.5 to 3.5 \n times more likely than a non-smoker to have a low birth weight \n baby.\n (3) Studies have found that smoking and exposure to \n secondhand smoke among pregnant women is a major cause of \n miscarriage, stillbirths, and sudden infant death syndrome \n (SIDS).\n (4) Preventing just 1 smoking-related low birth weight baby \n can save more than $40,000 in health care expenditures.\n (5) For every $1 spent on smoking cessation for pregnant \n women, an estimated $3 in neonatal intensive care costs could \n be avoided.\n (6) Such expenditures have a disproportionate impact on \n Medicaid, with estimates indicating that pregnant women on \n Medicaid are 2.5 times more likely to smoke than pregnant women \n not on Medicaid. Smoking-attributable neonatal health care \n costs are estimated to be $1,400,000,000 to $2,000,000,000 \n annually, and such costs for Medicaid total almost \n $228,000,000, that is, approximately, $738 per pregnant smoker.\n (7) States this year will collect $21,300,000,000 from the \n Master Settlement Agreement of November 23, 1998, between \n participating tobacco manufacturers and Attorneys General of 46 \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, and 4 territories of the United States, other settlement \n agreements between companies within the tobacco industry and \n the States of Mississippi, Florida, Texas, and Minnesota, and \n tobacco taxes (an increase from $20,000,000,000 in fiscal year \n 2005). States are spending only 2.6 percent of their tobacco \n revenue on tobacco prevention and cessation.\n (8) Evidence shows that the cuts States have made in \n tobacco prevention funding since 2002 have slowed or possibly \n stalled recent declines in youth smoking, putting further \n progress at risk.\n\nSEC. 3. PROMOTING CESSATION OF TOBACCO USE BY PREGNANT WOMEN UNDER THE \n MEDICAID PROGRAM.\n\n (a) Requiring Coverage of Counseling and Pharmacotherapy for \nCessation of Tobacco Use by Pregnant Women.--Section 1905 of the Social \nSecurity Act (42 U.S.C. 1396d(a)(4)) is amended--\n (1) in subsection (a)(4)--\n (A) by striking ``and'' before ``(C)''; and\n (B) by inserting before the semicolon at the end \n the following new subparagraph: ``; and (D) counseling \n and pharmacotherapy for cessation of tobacco use by \n pregnant women (as defined in subsection (y))''; and\n (2) by adding at the end the following:\n ``(y)(1) For purposes of this title, the term `counseling and \npharmacotherapy for cessation of tobacco use by pregnant women' means \ndiagnostic, therapy, and counseling services and pharmacotherapy \n(including the coverage of prescription and nonprescription tobacco \ncessation agents approved by the Food and Drug Administration) for \ncessation of tobacco use by pregnant women who use tobacco products or \nwho are being treated for tobacco use that is furnished--\n ``(A) by or under the supervision of a physician; or\n ``(B) by any other health care professional who--\n ``(i) is legally authorized to furnish such \n services under State law (or the State regulatory \n mechanism provided by State law) of the State in which \n the services are furnished; and\n ``(ii) is authorized to receive payment for other \n services under this title or is designated by the \n Secretary for this purpose.\n ``(2) Subject to paragraph (3), such term is limited to--\n ``(A) services recommended with respect to pregnant women \n in `Treating Tobacco Use and Dependence: A Clinical Practice \n Guideline', published by the Public Health Service in June \n 2000, or any subsequent modification of such Guideline; and\n ``(B) such other services that the Secretary recognizes to \n be effective for cessation of tobacco use by pregnant women.\n ``(3) Such term shall not include coverage for drugs or biologicals \nthat are not otherwise covered under this title.''.\n (b) Exception From Optional Restriction Under Medicaid Prescription \nDrug Coverage.--Section 1927(d)(2) of the Social Security Act (42 \nU.S.C. 1396r-8(d)(2)) is amended--\n (1) in subparagraph (E), by inserting before the period at \n the end the following: ``, except in the case of pregnant women \n when recommended in accordance with the Guideline referred to \n in section 1905(y)(2)(A)''; and\n (2) in subparagraph (G), by inserting before the period at \n the end the following: ``, except, in the case of pregnant \n women when recommended in accordance with the Guideline \n referred to in section 1905(y)(2)(A), agents approved by the \n Food and Drug Administration for purposes of promoting, and \n when used to promote, tobacco cessation''.\n (c) Removal of Cost-Sharing for Counseling and Pharmacotherapy for \nCessation of Tobacco Use by Pregnant Women.--\n (1) General cost sharing limitations.--Section 1916 of the \n Social Security Act (42 U.S.C. 1396o) is amended in each of \n subsections (a)(2)(B) and (b)(2)(B) by inserting ``, and \n counseling and pharmacotherapy for cessation of tobacco use by \n pregnant women (as defined in section 1905(y)) and covered \n outpatient drugs (as defined in subsection (k)(2) of section \n 1927 and including nonprescription drugs described in \n subsection (d)(2) of such section) that are prescribed for \n purposes of promoting, and when used to promote, tobacco \n cessation by pregnant women in accordance with the Guideline \n referred to in section 1905(y)(2)(A)'' after ``complicate the \n pregnancy''.\n (2) Application to alternative cost sharing.--Section \n 1916A(b)(3)(B)(iii) of such Act (42 U.S.C. 1396o-\n 1(b)(3)(B)(iii)) is amended by inserting ``, and counseling and \n pharmacotherapy for cessation of tobacco use by pregnant women \n (as defined in section 1905(y))'' after ``complicate the \n pregnancy''.\n (d) Increased FMAP for Tobacco Cessation Counseling Services and \nMedications.--The first sentence of section 1905(b) of the Social \nSecurity Act (42 U.S.C. 1396d(b)) is amended by inserting the following \nbefore the period: ``, or medical assistance for counseling and \npharmacotherapy for cessation of tobacco use by pregnant women (as \ndefined in subsection (y)) and for covered outpatient drugs (as defined \nin subsection (k)(2) of section 1927 and including nonprescription \ndrugs described in subsection (d)(2) of such section) that are \nprescribed for purposes of promoting, and when used to promote, tobacco \ncessation by pregnant women in accordance with the Guideline referred \nto in subsection (y)(2)(A)''.\n (e) Effective Date.--The amendments made by this section shall \napply to services furnished on or after the first fiscal year quarter \nthat begins after the date of enactment of this Act.","summary":"Smoke Free Mothers and Babies Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to require coverage, without cost-sharing, of counseling and pharmacotherapy for cessation of tobacco use by pregnant women. Provides for an increased federal medical assistance percentage (FMAP) for tobacco cessation counseling services and medications.","title":"A bill to amend title XIX of the Social Security Act to encourage States to provide pregnant women enrolled in the Medicaid program with access to comprehensive tobacco cessation services.","text_len":7952,"sum_len":353} {"bill_id":"107_hr2874","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Debbie Smith Act''.\n\nSEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL \n ASSAULT CASES.\n\n (a) Authorization of Grants.--The Attorney General may make grants \nto eligible States for use by the State to carry out sexual assault \nnurse examiner programs and to train law enforcement personnel and \nfirst responders in the handling of sexual assault cases and the \ncollection and use of DNA samples for use as forensic evidence.\n (b) Eligibility.--For a State to be eligible to receive a grant \nunder this section, the chief executive officer of the State shall \nsubmit to the Attorney General an application in such form and \ncontaining such information as the Attorney General may require. The \napplication shall include a certification that the State shall comply \nwith the quality assurance standards for collecting and processing \nsamples issued by the Director of the Federal Bureau of Investigation \nunder section 210303 of the DNA Identification Act of 1994.\n (c) Restrictions on Use of Funds.--\n (1) Nonsupplanting.--Funds made available pursuant to this \n section shall not be used to supplant State funds, but shall be \n used to increase the amount of funds that would, in the absence \n of Federal funds, be made available from State sources for the \n purposes of this Act.\n (2) Administrative costs.--A State may not use more than 3 \n percent of the funds it receives from this section for \n administrative expenses.\n (d) Reports to the Attorney General.--Each State which receives a \ngrant under this section shall submit to the Attorney General, for each \nyear in which funds from a grant received under this section is \nexpended, a report at such time and in such manner as the Attorney \nGeneral may reasonably require, which contains--\n (1) a summary of the activities carried out under the grant \n and an assessment of whether such activities are meeting the \n needs identified in the application; and\n (2) such other information as the Attorney General may \n require.\n (e) Reports to Congress.--Not later than 90 days after the end of \neach fiscal year for which grants are made under this section, the \nAttorney General shall submit to the Congress a report that includes--\n (1) the aggregate amount of grants made under this section \n to each State for such fiscal year; and\n (2) a summary of the information provided by States \n receiving grants under this section.\n (f) Expenditure Records.--\n (1) In general.--Each State which receives a grant under \n this section shall keep records as the Attorney General may \n require to facilitate an effective audit of the receipt and use \n of grant funds received under this section.\n (2) Access.--Each State which receives a grant under this \n section shall make available, for the purpose of audit and \n examination, such records as are related to the receipt or use \n of any such grant.\n (g) Definition.--For purposes of this section, the term ``State'' \nmeans a State of the United States, the District of Columbia, the \nCommonwealth of Puerto Rico, the United States Virgin Islands, American \nSamoa, Guam, and the Northern Mariana Islands.\n (h) Authorization of Appropriations.--Amounts are authorized to be \nappropriated to the Attorney General for grants under subsection (a)--\n (1) $150,000,000 for fiscal year 2002;\n (2) $30,000,000 for fiscal year 2003; and\n (3) $30,000,000 for fiscal year 2004.\n\nSEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION \n KITS.\n\n Section 210303 of the Violent Crime Control and Law Enforcement Act \nof 1994 (42 U.S.C. 14131) is amended--\n (1) in subsection (a)(1)(C)--\n (A) by striking ``including standards for testing'' \n and inserting ``including standards for--\n ``(i) testing'';\n (B) by striking the period at the end and inserting \n ``; and''; and\n (C) by adding at the end the following new clause:\n ``(ii) collecting and processing, for use as forensic \n evidence, samples on which DNA analysis may be carried out.''; \n and\n (2) in subsection (a)(2)--\n (A) by striking ``including standards for testing'' \n and inserting ``including standards for--\n ``(A) testing'';\n (B) by striking the period at the end and inserting \n ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(B) collecting and processing, for use as forensic \n evidence, samples on which DNA analysis may be carried out.''.\n\nSEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES \n FROM CRIME SCENES.\n\n (a) Authorization of Grants.--The Attorney General may make grants \nto eligible States for use by the State to carry out, for inclusion in \nthe Combined DNA Index System of the Federal Bureau of Investigation, \nDNA analyses of samples from crime scenes.\n (b) Eligibility.--For a State to be eligible to receive a grant \nunder this section, the chief executive officer of the State shall \nsubmit to the Attorney General an application in such form and \ncontaining such information as the Attorney General may require. The \napplication shall--\n (1) provide assurances that the State has a plan in place, \n to be fully effective not later than five years after the date \n of such application, under which, for each sample specified in \n subsection (a), DNA analysis is carried out on the sample not \n later than 10 days after the sample was obtained; and\n (2) include a certification that each DNA analysis carried \n out under the plan shall be maintained pursuant to the privacy \n requirements described in section 210304(b)(3) of the Violent \n Crime Control and Law Enforcement Act of 1994 (42 U.S.C. \n 14132(b)(3)).\n (c) Restrictions on Use of Funds.--\n (1) Nonsupplanting.--Funds made available pursuant to this \n section shall not be used to supplant State funds, but shall be \n used to increase the amount of funds that would, in the absence \n of Federal funds, be made available from State sources for the \n purposes of this Act.\n (2) Administrative costs.--A State may not use more than 3 \n percent of the funds it receives from this section for \n administrative expenses.\n (d) Reports to the Attorney General.--Each State which receives a \ngrant under this section shall submit to the Attorney General, for each \nyear in which funds from a grant received under this section is \nexpended, a report at such time and in such manner as the Attorney \nGeneral may reasonably require, which contains--\n (1) a summary of the activities carried out under the grant \n and an assessment of whether such activities are meeting the \n needs identified in the application; and\n (2) such other information as the Attorney General may \n require.\n (e) Reports to Congress.--Not later than 90 days after the end of \neach fiscal year for which grants are made under this section, the \nAttorney General shall submit to the Congress a report that includes--\n (1) the aggregate amount of grants made under this section \n to each State for such fiscal year; and\n (2) a summary of the information provided by States \n receiving grants under this section.\n (f) Expenditure Records.--\n (1) In general.--Each State which receives a grant under \n this section shall keep records as the Attorney General may \n require to facilitate an effective audit of the receipt and use \n of grant funds received under this section.\n (2) Access.--Each State which receives a grant under this \n section shall make available, for the purpose of audit and \n examination, such records as are related to the receipt or use \n of any such grant.\n (g) Definition.--For purposes of this section, the term ``State'' \nmeans a State of the United States, the District of Columbia, the \nCommonwealth of Puerto Rico, the United States Virgin Islands, American \nSamoa, Guam, and the Northern Mariana Islands.\n (h) Authorization of Appropriations.--Amounts are authorized to be \nappropriated to the Attorney General for grants under subsection (a)--\n (1) $100,000,000 for fiscal year 2002;\n (2) $50,000,000 for fiscal year 2003; and\n (3) $50,000,000 for fiscal year 2004.","summary":"Debbie Smith Act - Authorizes the Attorney General to make grants to eligible States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for forensic evidence. Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards. Sets forth provisions regarding restrictions on the use of funds and expenditure records. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out. Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records.","title":"To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.","text_len":8956,"sum_len":1199} {"bill_id":"114_hr4018","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Protection and Choice \nAct''.\n\nSEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS.\n\n (a) In General.--Chapter 2 of the Truth in Lending Act is amended \nby inserting after section 128A (15 U.S.C. 1638A) the following new \nsection:\n``Sec. 128B. Deferred presentment transaction requirements\n ``(a) Prohibition on Deferred Presentment Transactions.--A deferred \npresentment transaction is prohibited except as authorized by this \nsection.\n ``(b) Regulation of Deferred Presentment Transactions and Deferred \nPresentment Providers.--If the Director of the Bureau determines that a \nState has in effect a covered deferred presentment law, any regulations \nof the Bureau with respect to deferred presentment transactions and \ndeferred presentment providers shall not apply in such State.\n ``(c) Covered Deferred Presentment Law Defined.--For purposes of \nthis section, the term `covered deferred presentment law' means a law \nor regulation of a State that provides for the licensing of deferred \npresentment providers and the regulation of deferred presentment \ntransactions, which may be accomplished through existing State \nauthority, and that meets the following requirements:\n ``(1) Database.--The law or regulation must establish a \n database of deferred presentment transactions to assist \n deferred presentment providers with complying with the \n requirements of this section, which may be operated by a \n private company selected by the State.\n ``(2) Deferred presentment provider requirements.--The law \n or regulation must require a deferred presentment provider to--\n ``(A) be licensed by the State;\n ``(B) provide to the State the results of a \n background check, including fingerprinting, of each \n officer and principal of the deferred presentment \n provider;\n ``(C) secure a copy of a valid State-issued form of \n identification from a consumer before entering into a \n deferred presentment transaction;\n ``(D) verify through the State deferred presentment \n transaction database that a consumer entering into a \n deferred presentment transaction with the deferred \n presentment provider--\n ``(i) does not have an outstanding deferred \n presentment transaction; and\n ``(ii) did not have an outstanding deferred \n presentment transaction within the previous 24-\n hour period; and\n ``(E) report to the State deferred presentment \n transaction database operator immediately--\n ``(i) upon entering into a deferred \n presentment transaction agreement--\n ``(I) the name of the consumer that \n provided a check or other payment \n instrument for deferred presentment;\n ``(II) the consumer's social \n security number or employment \n authorization alien number;\n ``(III) the consumer's address;\n ``(IV) the consumer's driver's \n license number or identifier from other \n valid State-issued form of \n identification;\n ``(V) the amount of the deferred \n presentment transaction;\n ``(VI) the date such deferred \n presentment transaction is made and the \n date on which repayment of the deferred \n presentment transaction is due; and\n ``(VII) such other information as \n the State determines appropriate; and\n ``(ii) upon repayment by the consumer of \n the amount owed under a deferred presentment \n transaction agreement or after such deferred \n presentment transaction agreement is otherwise \n settled, the date and time on which the amount \n owed under such deferred presentment \n transaction agreement is satisfied.\n ``(3) Deferred presentment transaction agreement \n requirements.--The law or regulation must require that the \n terms of a deferred presentment transaction agreement--\n ``(A) limit the total amount of all interest and \n fees that may be charged to a consumer by a deferred \n presentment provider with respect to a deferred \n presentment transaction to no more than 10 percent of \n the amount of such a deferred presentment transaction \n and no more than a $5 processing fee;\n ``(B) limit the duration of the deferred \n presentment transaction to a period no longer than 31 \n days or less than 7 days;\n ``(C) limit the amount of the deferred presentment \n transaction to no more than $500, exclusive of allowed \n fees;\n ``(D) be in writing;\n ``(E) provide that the consumer shall--\n ``(i) have the right to rescind any \n deferred presentment transaction agreement \n within the first 24 hours of the deferment \n period; and\n ``(ii) pay any allowable processing fee \n regardless of such rescission; and\n ``(F) include such other information as the State \n determines to be appropriate.\n ``(4) Treatment of past-due amounts.--The law or regulation \n must require that if a consumer fails to repay the amount due \n pursuant to a deferred presentment transaction agreement by the \n contractual repayment date, a deferred presentment provider \n shall provide an additional 60-day grace period, without any \n additional charge, for the consumer to repay such amount before \n the deferred presentment provider may request payment for the \n check or other payment instrument or pursue other civil \n remedies, subject to the conditions that the grace period \n will--\n ``(A) terminate immediately if, before the end of \n the 7-day period beginning on the date of the \n contractual repayment date, the consumer failed to make \n an appointment to attend a course with a consumer \n credit counseling agency and inform the deferred \n presentment provider of such appointment; and\n ``(B) be deemed to have terminated at the end of \n the 7-day period beginning on the date of the \n contractual repayment date if, before the end of the \n 60-day period beginning on the date of the contractual \n repayment date, the consumer failed to complete a \n course with a consumer credit counseling agency and \n inform the deferred presentment provider of the \n completion of such course.\n ``(d) Compliance.--A deferred presentment transaction that complies \nwith the requirements of this section and applicable State law shall \nnot be considered to be an unfair, deceptive, or abusive act or \npractice.\n ``(e) Effective Date.--The requirements of this section shall take \neffect on the date that is 24 months after the date of the enactment of \nthis section.\n ``(f) Definitions.--For purposes of this section:\n ``(1) Deferment period.--The term `deferment period' means \n the number of days a deferred presentment provider agrees to \n wait before depositing, presenting, or redeeming a consumer's \n check or other payment instrument under a deferred presentment \n transaction agreement.\n ``(2) Deferred presentment provider.--The term `deferred \n presentment provider' means a person who holds a license to be \n a deferred presentment provider in the State in which a \n deferred presentment transaction agreement is entered into and \n who provides currency or other payment instrument to a consumer \n as part of a deferred presentment transaction.\n ``(3) Deferred presentment transaction.--The term `deferred \n presentment transaction' means a transaction in which currency \n or other payment instrument is provided to a consumer in \n exchange for a consumer's check or other payment instrument and \n an agreement that such consumer's check or other payment \n instrument shall be held for a deferment period prior to \n presentment, deposit, or redemption.\n ``(4) Deferred presentment transaction agreement.--The term \n `deferred presentment transaction agreement' means the \n underlying agreement establishing a deferred presentment \n transaction.\n ``(5) Other payment instrument.--The term `other payment \n instrument' means a draft, warrant, money order, traveler's \n check, or electronic instrument (other than currency).\n ``(6) State.--The term `State' means each of the several \n States, the District of Columbia, and each territory and \n possession of the United States.\n ``(7) State deferred presentment transaction database.--The \n term `State deferred presentment transaction database' means \n the database established by the State that issued the \n consumer's form of identification.''.\n (b) Clerical Amendment.--The table of contents at the beginning of \nchapter 2 of the Truth in Lending Act is amended by inserting after the \nitem relating to section 128A the following new item:\n\n``128B. Deferred presentment transaction requirements.''.\n\nSEC. 3. MORATORIUM AND SAFE HARBOR.\n\n (a) Moratorium.--The Bureau of Consumer Financial Protection may \nnot promulgate or enforce any regulation related to deferred \npresentment providers with respect to deferred presentment transactions \nduring the 24-month period beginning on the date of enactment of this \nAct.\n (b) Safe Harbor.--The Bureau of Consumer Financial Protection may \nnot impose any additional requirements related to deferred presentment \nproviders with respect to deferred presentment transactions in a State \nif such State has enacted a covered deferred presentment law by the \neffective date in subsection (e) of section 128B of the Truth in \nLending Act, as added by section 2(a).\n (c) Payday Loans.--The Bureau of Consumer Financial Protection--\n (1) may not regulate payday loans during the 24-month \n period beginning on the date of enactment of this Act; and\n (2) may regulate payday loans in a State after such period \n only if such State has not enacted a covered deferred \n presentment law.\n (d) Definitions.--For purposes of this section:\n (1) TILA definitions.--The terms ``covered deferred \n presentment law'', ``deferred presentment provider'', \n ``deferred presentment transaction'', and ``State'' shall have \n the meanings given such terms under section 128B of the Truth \n in Lending Act, as added by section 2(a).\n (2) Payday loan.--The term ``payday loan'' means a loan \n described under section 1024(a)(1)(E) of Public Law 111-203 (12 \n U.S.C. 5514(a)(1)(E)), except that such term does not include a \n deferred presentment transaction.","summary":"Consumer Protection and Choice Act This bill amends the Truth in Lending Act to prohibit a deferred presentment transaction except as provided under this Act. A deferred presentment transaction is one in which currency or other payment is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such check or payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. If the Consumer Financial Protection Bureau (CFPB) determines that a state has in effect a law that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, and that meets the requirements specified by this Act, any CFPB regulations concerning such transactions and providers shall not apply in such state. Such a state law must: require a provider to be licensed by the state, establish a transaction database. Require a provider to verify through such database that a consumer entering into such a transaction does not have an outstanding transaction. Require a provider to report immediately to such database information about each transaction entered into and each transaction paid or settled. Require that a transaction agreement be in writing and allow the consumer to rescind the agreement within the first 24 hours. Require a transaction agreement to limit the interest and fees to no more that 10 of the transaction amount, the processing fee to $5, the transaction amount to $500, and the duration of the transaction to no less than 7 days and no more than 31 days. And allow a 60-day grace period after the contractual repayment date for a consumer to repay the amount due, subject to early termination if a consumer fails to complete a course with a consumer credit counseling agency. The bill makes these changes effective 24 months after enactment and prohibits the CFPB from establishing or enforcing any regulation governing deferred presentment transactions or payday loans during such period.","title":"Consumer Protection and Choice Act","text_len":12256,"sum_len":2034} {"bill_id":"114_hr5792","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Modernizing Outdated and Vulnerable \nEquipment and Information Technology Act of 2016'' or the ``MOVE IT \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) National Institute of Standards and Technology Special \n Publication 800-145 describes cloud computing as an evolving \n paradigm for information technology that is a model for \n enabling ubiquitous, convenient, on-demand network access to a \n shared pool of configurable computing resources (i.e., \n networks, servers, storage, applications, and services) that \n can be rapidly provisioned and released with minimal management \n effort or service provider interaction.\n (2) Together, the efficiencies, cost savings, and greater \n computing power enabled by cloud computing has the potential \n to--\n (A) eliminate inappropriate duplication, reduce \n costs, and address waste, fraud, and abuse in providing \n Government services that are publicly available;\n (B) address the critical need for cybersecurity by \n design; and\n (C) move the Federal Government into a broad \n digital-services delivery model that could transform \n the fashion in which the Federal Government provides \n services to the people of the United States.\n (b) Purposes.--The purposes of this Act are to--\n (1) accelerate the acquisition and deployment of cloud \n computing services by addressing key impediments and roadblocks \n in funding, development, and acquisition practices;\n (2) support and expand an efficient Federal certification \n standard for qualifying cloud services providers under the \n Federal Risk and Authorization Management Program using a \n ``qualify once, use many times'' efficiency model that strikes \n an appropriate balance between--\n (A) encouraging the adoption of strong security \n practices to protect against the harm of cyber \n intrusions and hacks; and\n (B) avoiding the imposition of unduly burdensome \n and restrictive requirements on cloud computing service \n providers that would deter investment in innovative \n cloud computing services;\n (3) assist agencies in migrating to cloud computing \n services by providing guidance and oversight of agency \n enterprise-wide information technology portfolios suitable for \n and identifiable as suitable for a cloud-based delivery model; \n and\n (4) provide for Federal agencies to procure cloud computing \n services that adhere to sound security practices.\n\nSEC. 3. FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM.\n\n (a) In General.--Except as provided under subsection (b), a covered \nagency may not store or process Government information on a Federal \ninformation system with any cloud service provider, unless the provider \nhas an authorization to operate, or a provisional authorization to \noperate, covering the proposed scope of work, from the covered agency \nor the Joint Authorization Board. A covered agency operating under a \nprovisional authorization to operate shall issue an authorization to \noperate as soon as practicable and may not rely on the provisional \nauthorization to operate for the duration of the scope of work.\n (b) Waiver of Requirements.--\n (1) In general.--The Director of National Intelligence, or \n a designee of the Director, may waive the applicability to any \n national security system of any provision of this section if \n the Director of National Intelligence, or the designee, \n determines that such waiver is in the interest of national \n security.\n (2) Notification.--Not later than 30 days after exercising \n a waiver under this subsection, the Director of National \n Intelligence, or the designee of the Director, as the case may \n be, shall submit to the Committee on Homeland Security and \n Governmental Affairs and the Select Committee on Intelligence \n of the Senate and the Committee on Oversight and Government \n Reform and the Permanent Select Committee on Intelligence of \n the House of Representatives a statement describing and \n justifying the waiver.\n (c) Rule of Construction.--Nothing in this section shall be \nconstrued as limiting the ability of the Office of Management and \nBudget to update or modify Federal guidelines relating to the security \nof cloud computing.\n\nSEC. 4. EXPANDED INDUSTRY COLLABORATION AND METRICS DEVELOPMENT FOR THE \n FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM OFFICE.\n\n (a) In General.--The Director shall coordinate with the Federal \nRisk and Authorization Management Program Office to establish mandatory \nguidelines for the submission of an application for an authorization to \noperate and related materials to the Federal Risk and Authorization \nManagement Program Office.\n (b) Contents.--The guidelines established under subsection (a) \nshall streamline and accelerate the Federal Risk and Authorization \nManagement Program accreditation process by meeting the following \nrequirements:\n (1) Not less frequently than monthly, report to the \n applicant the status, expected time to completion, and other \n key indicators related to compliance for an application for \n authorization to operate submitted to the Federal Risk and \n Authorization Management Program Office.\n (2) Enhanced training and industry liaison opportunities \n for covered agencies and cloud service providers.\n (3) A clarification of--\n (A) the role and authority of third party \n assessment organization in the Federal Risk and \n Authorization Management Program process for \n authorizations to operate by covered agencies;\n (B) the extent to which the Federal Risk and \n Authorization Management Program Office may identify \n and begin to accept or rely upon certifications from \n other standards development organizations or third \n party assessment organization; and\n (C) the responsibility of covered agencies to \n sponsor a Federal Risk and Authorization Management \n Program authorization to operate as part of making \n Federal Risk and Authorization Management Program \n compliance a condition for entering into a contract or \n providing cloud computing services to a covered agency.\n (c) FedRAMP Liaison Group.--\n (1) In general.--The Director, in coordination with the \n Program Management Office and the National Institute of \n Standards and Technology, shall host a public-private industry \n cloud commercial working group (in this subsection referred to \n as the ``FedRAMP Liaison Group'') representing cloud service \n providers.\n (2) Composition and functions.--The FedRAMP Liaison Group--\n (A) shall include representatives of cloud service \n providers;\n (B) may include such working groups as are \n determined appropriate by the FedRAMP Liaison Group;\n (C) shall be hosted by the General Services \n Administration, who shall convene plenary meetings on a \n quarterly basis with individual working groups meeting \n as frequently as determined by the group; and\n (D) shall consult with and provide recommendations \n directly to the Program Management Office and the Joint \n Authorization Board of the Federal Risk and \n Authorization Management Program regarding the \n operations, processes improvements, and best practices \n of the Office and Board.\n (3) FACA exemption.--The Federal Advisory Committee Act \n shall not apply to the FedRAMP Liaison Group.\n (d) Providing Dedicated Agency Support.--The Program Management \nOffice shall work with each covered agency to support and guide the \nefforts of the agency--\n (1) to establish and issue the authorization to operate for \n the agency;\n (2) to facilitate authorization approval, support, and \n direct interfacing with cloud service providers; and\n (3) to facilitate partnership among agencies to efficiently \n support activities related to obtaining an authorization to \n operate.\n (e) Metrics.--The Director, in coordination with the National \nInstitute of Standards and Technology and the FedRAMP Liaison Group, \nshall establish key performance metrics for the Federal Risk and \nAuthorization Management Program Office, which shall include--\n (1) recommendations for maximum time limits for the \n completion of authorizations to operate by service categories \n of cloud service providers, not to exceed six months;\n (2) targets for the streamlining of the authorization to \n operate through the use of innovative templates and transparent \n submission requirements; and\n (3) recommendations for satisfying Federal continuous \n monitoring requirements.\n (f) Report Required.--Not later than one year after the date of the \nenactment of this Act, the Director shall submit to the Committees on \nAppropriations and Oversight and Government Reform of the House of \nRepresentatives and the Committees on Appropriations and Homeland \nSecurity and Governmental Affairs of the Senate a report on the \neffectiveness and efficiency of the Federal Risk and Authorization \nManagement Program Office.\n\nSEC. 5. ADDITIONAL BUDGET AUTHORITIES FOR THE MODERNIZATION OF IT \n SYSTEMS.\n\n (a) Assessment of Cloud First Implementation.--Not later than 90 \ndays after the date of the enactment of this Act, the Director, in \nconsultation with the Chief Information Officers Council, shall assess \ncloud computing opportunities and issue policies and guidelines for the \nadoption of Governmentwide programs providing for a standardized \napproach to security assessment and operational authorization for cloud \ncomputing products and services.\n (b) Information Technology System Modernization and Working Capital \nFund.--\n (1) Establishment.--There is established in each covered \n agency an information technology system modernization and \n working capital fund (hereafter ``IT working capital fund'') \n for necessary expenses for the agency described in paragraph \n (2).\n (2) Source of funds.--Amounts may be deposited into an IT \n working capital fund as follows:\n (A) Reprogramming of funds, including reprogramming \n of any funds available on the date of enactment of this \n Act for the operation and maintenance of legacy \n systems, in compliance with any applicable \n reprogramming law or guidelines of the Committees on \n Appropriations of the House of Representatives and the \n Senate.\n (B) Transfer of funds, including transfer of any \n funds available on the date of enactment of this Act \n for the operation and maintenance of legacy systems, \n but only if transfer authority is specifically provided \n for by law.\n (C) Amounts made available through discretionary \n appropriations.\n (3) Use of funds.--An IT working capital fund established \n under paragraph (1) may be used only for the following:\n (A) The replacement of a legacy information \n technology system.\n (B) The transition to cloud computing and \n innovative platforms and technologies subject to a \n transition plan for any project that costs more than \n $5,000,000 and approved by the Federal Chief \n Information Officer according to such guidelines as the \n Office of Management and Budget may designate.\n (C) To assist and support agency efforts to provide \n adequate, risk-based, and cost-effective information \n technology capabilities that address evolving threats \n to information security.\n (D) Developmental, modernization, and enhancement \n activities of information technology.\n (4) Existing funds.--An IT working capital fund may not be \n used to supplant funds provided for the operation and \n maintenance of any system already within an appropriation for \n the agency at the time of establishment of the IT working \n capital fund.\n (5) Reprogramming and transfer of funds.--The head of each \n covered agency shall prioritize funds within the IT working \n capital fund to be used initially for cost savings activities \n approved by the Federal Chief Information Officer, in \n consultation with the Chief Information Officer of the covered \n agency. The head of each covered agency may--\n (A) reprogram any amounts saved as a direct result \n of such activities for deposit into the applicable IT \n working capital fund, consistent with paragraph (2)(A), \n except that any such reprogramming of amounts in excess \n of $500,000 shall be reported to the Committees on \n Appropriations of the House of Representatives and the \n Senate 30 days ain advance of such reprogramming; and\n (B) transfer any amounts saved as a direct result \n of such activities for deposit into the applicable IT \n working capital fund, consistent with paragraph (2)(B), \n except that any such transfer of amounts in excess of \n $500,000 shall be reported to the Committees on \n Appropriations of the House of Representatives and the \n Senate 30 days in advance of such transfer.\n (6) Return of funds.--Any funds deposited into an IT \n working capital fund must be obligated no later than 3 years \n after the date of such deposit. Any funds that are unobligated \n 3 years after such date shall be rescinded and deposited into \n the general fund of the Treasury and reported to the Committees \n on Appropriations of the House of Representatives and the \n Senate.\n (7) Semiannual report required.--Not later than 6 months \n after the date of the enactment of this Act, and semiannually \n thereafter, the head of any covered agency that uses an IT \n working capital fund shall submit to the Committees on \n Appropriations and Oversight and Government Reform of the House \n of Representatives and the Committees on Appropriations and \n Homeland Security and Governmental Affairs of the Senate a \n report on the obligation and expenditure of funds made \n available under this section.\n (c) GAO Report.--Not later than one year after the date of the \nenactment of this Act, and annually thereafter for five years, the \nComptroller General of the United States shall submit to the Committees \non Appropriations and Oversight and Government Reform of the House of \nRepresentatives and the Committees on Appropriations and Homeland \nSecurity and Governmental Affairs of the Senate a report--\n (1) on the implementation and operation of each IT working \n capital fund established under this section;\n (2) that identifies current practices and compares the \n practices with industry best practices in areas such as the \n effective oversight and governance of a cloud computing working \n capital fund; and\n (3) that describes the basis for the use and operation of \n an IT working capital fund, the efficacy of the working capital \n fund to accelerate technology transitions, and recommendations \n for further improvement for the working capital fund.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Authorization to operate.--The term ``authorization to \n operate'' means an approval and accreditation, including a \n provisional authorization to operate, regarding the security \n and operational qualifications of a cloud computing service \n provider to offer secure, reliable cloud computing service to a \n covered agency, that may be issued by the Joint Authorization \n Board, any successor entity, or the head of a covered agency.\n (2) Cloud computing.--The term ``cloud computing'' has the \n meaning given that term by the National Institute of Standards \n and Technology in NIST Special Publication 800-145 and any \n amendatory or superseding document thereto.\n (3) Cloud service provider.--The term ``cloud service \n provider'' means an entity offering cloud computing \n infrastructure, platforms, or software for commercial and \n Government entities.\n (4) Covered agency.--The term ``covered agency'' means each \n agency listed in section 901(b) of title 31, United States \n Code.\n (5) Director.--The term ``Director'' means the Director of \n the Office of Management and Budget.\n (6) Federal risk and authorization management program \n office.--The term ``Federal Risk and Authorization Management \n Program Office'' or ``Program Management Office'' means the \n Federal Risk and Authorization Management Program Office, or \n any successor thereto.\n (7) Information system.--The term ``information system'' \n has the meaning given that term under section 3502 of title 44, \n United States Code.\n (8) Information technology.--The term ``information \n technology'' has the meaning given that term under section \n 11101 of title 40, United States Code.\n (9) Legacy information technology system.--The term \n ``legacy information technology system'' means an outdated or \n obsolete information technology that is no longer supported by \n the originating vendor or manufacturer.\n (10) National security system.--The term ``national \n security system'' has the meaning given that term under section \n 3552 of title 44, United States Code.\n (11) Third party assessment organization.--The term ``third \n party assessment organization'' means a third party \n accreditation body that conducts a conformity assessment of a \n cloud service data provider to ensure the provider meets \n security and operational guidelines issued by the Federal Risk \n and Authorization Management Program Office.","summary":"Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016 or MOVE IT Act This bill prohibits a covered agency from storing or processing government information on a federal information system with any cloud service provider unless the provider has an authorization to operate a cloud computing service from the agency or the Joint Authorization Board. The Office of the Director of National Intelligence (ODNI) may waive the applicability of such prohibition to any national security system in the interest of national security and shall submit a statement justifying such waiver. The ODNI shall: (1) coordinate with the Federal Risk and Authorization Management Program Office (FRAMPO) to establish mandatory guidelines for the submission of an application for such an authorization that shall streamline and accelerate the accreditation process. (2) host a public-private industry cloud commercial working group representing cloud service providers, which shall provide recommendations directly to FRAMPO's Program Management Office and Joint Authorization Board regarding their operations, processes improvements, and best practices, (3) establish key performance metrics for FRAMPO, (4) report on the effectiveness and efficiency of FRAMPO. And (5) assess cloud computing opportunities and issue policies and guidelines for the adoption of government-wide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. There is established in each such agency an information technology system modernization and working capital fund for necessary expenses: for the replacement of a legacy information technology system. For the transition to cloud computing and innovative platforms and technologies. To assist and support efforts to provide information technology capabilities that address evolving threats to information security. And for developmental, modernization, and enhancement activities of information technology. Each agency shall prioritize amounts within such fund to be used initially for cost savings activities approved by the Federal Chief Information Officer. The Government Accountability Office shall report on the implementation and operation of each such fund, current practices compared with industry best practices for the effective oversight and governance of a cloud computing working capital fund, the basis for the fund's use and operation, the fund's efficacy to accelerate technology transitions, and recommendations for improvement.","title":"MOVE IT Act","text_len":19615,"sum_len":2574} {"bill_id":"105_s1395","text":"SECTION 1. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.\n\n Chapter 1 of subpart 2 of part A of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1070a-11 et seq.) is amended by \ninserting after section 402H of such Act (20 U.S.C. 1070a-18) the \nfollowing:\n\n``SEC. 402I. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.\n\n ``(a) Program Authority.--The Secretary shall carry out a program \nto be known as the `Thurgood Marshall Legal Educational Opportunity \nProgram' designed to provide low-income, minority, or disadvantaged \ncollege students with the information, preparation, and financial \nassistance to gain access to and complete law school study.\n ``(b) Eligibility.--A college student is eligible for assistance \nunder this section if the student is--\n ``(1) from a low-income family;\n ``(2) a minority; or\n ``(3) from an economically or otherwise disadvantaged \n background.\n ``(c) Contract or Grant Authorized.--The Secretary is authorized to \nenter into a contract with, or make a grant to, the Council on Legal \nEducation Opportunity, for a period of not less than 5 years--\n ``(1) to identify college students who are from low-income \n families, are minorities, or are from disadvantaged backgrounds \n described in subsection (b)(3);\n ``(2) to prepare such students for study at accredited law \n schools;\n ``(3) to assist such students to select the appropriate law \n school, make application for entry into law school, and receive \n financial assistance for such study;\n ``(4) to provide support services to such students who are \n first-year law students to improve retention and success in law \n school studies; and\n ``(5) to motivate and prepare such students with respect to \n law school studies and practice in low-income communities.\n ``(d) Services Provided.--In carrying out the purposes described in \nsubsection (c), the contract or grant shall provide for the delivery of \nservices through prelaw information resource centers, summer \ninstitutes, midyear seminars, and other educational activities, \nconducted under this section. Such services may include--\n ``(1) information and counseling regarding--\n ``(A) accredited law school academic programs, \n especially tuition, fees, and admission requirements;\n ``(B) course work offered and required for \n graduation;\n ``(C) faculty specialties and areas of legal \n emphasis;\n ``(D) undergraduate preparatory courses and \n curriculum selection;\n ``(2) tutoring and academic counseling, including \n assistance in preparing for bar examinations;\n ``(3) prelaw mentoring programs, involving law school \n faculty, members of State and local bar associations, and \n retired and sitting judges, justices, and magistrates;\n ``(4) assistance in identifying preparatory courses and \n material for the law school aptitude or admissions tests;\n ``(5) summer institutes for Thurgood Marshall Fellows that \n expose the Fellows to a rigorous curriculum that emphasizes \n abstract thinking, legal analysis, research, writing, and \n examination techniques; and\n ``(6) midyear seminars and other educational activities \n that are designed to reinforce reading, writing, and studying \n skills of Thurgood Marshall Fellows.\n ``(e) Duration of the Provision of Services.--The services \ndescribed in subsection (d) may be provided--\n ``(1) prior to the period of law school study;\n ``(2) during the period of law school study; and\n ``(3) during the period following law school study and \n prior to taking a bar examination.\n ``(f) Subcontracts and Subgrants.--For the purposes of planning, \ndeveloping, or delivering one or more of the services described in \nsubsection (d), the Council on Legal Education Opportunity shall enter \ninto subcontracts with, and make subgrants to, institutions of higher \neducation, law schools, public and private agencies and organizations, \nand combinations of such institutions, schools, agencies, and \norganizations.\n ``(g) Stipends.--The Secretary shall annually establish the maximum \nstipend to be paid (including allowances for participant travel and for \nthe travel of the dependents of the participant) to Thurgood Marshall \nFellows for the period of participation in summer institutes and \nmidyear seminars. A Fellow may be eligible for such a stipend only if \nthe Fellow maintains satisfactory academic progress toward the Juris \nDoctor or Bachelor of Laws degree, as determined by the respective \ninstitutions.\n ``(h) Maximum Level.--For any year for which an appropriation is \nmade to carry out this chapter, the Secretary shall allocate not more \nthan $5,000,000 for the purpose of providing the services described in \nsubsection (d).''.","summary":"Amends the Higher Education Act of 1965 to direct the Secretary of Education to carry out a Thurgood Marshall Legal Educational Opportunity Program to provide low-income, minority, or disadvantaged college students with information, preparation, and financial assistance to gain access to and complete law school study. Authorizes the Secretary to contract with, or make a grant to, the Council on Legal Education Opportunity, for at least a five-year period, to deliver specified services under such program, directly and through subgrants and subcontracts. Directs the Secretary to establish annually the maximum stipend to be paid to Thurgood Marshall Fellows for the period of prelaw preparation in summer institutes and midyear seminar prior to and during the period of law school study. Sets forth the maximum amount of grants for such program services for any fiscal year.","title":"A bill to amend the Higher Education Act of 1965 to provide for the establishment of the Thurgood Marshall Legal Educational Opportunity Program.","text_len":5124,"sum_len":879} {"bill_id":"105_hr1971","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employees Health Benefits \nProvider Integrity Amendments of 1997''.\n\nSEC. 2. DEBARMENT AND OTHER SANCTIONS.\n\n (a) Amendments.--Section 8902a of title 5, United States Code, is \namended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by striking ``and'' at the end of \n subparagraph (B);\n (ii) by striking the period at the end and \n inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(D) the term `should know' means that a person, with \n respect to information, acts in deliberate ignorance of, or in \n reckless disregard of, the truth or falsity of the information, \n and no proof of specific intent to defraud is required.''; and\n (B) in paragraph (2)(A), by striking ``subsection \n (b) or (c)'' and inserting ``subsection (b), (c), or \n (d)'';\n (2) in subsection (b)--\n (A) by striking ``The Office of Personnel \n Management may bar'' and inserting ``The Office of \n Personnel Management shall bar''; and\n (B) by amending paragraph (5) to read as follows:\n ``(5) Any provider that is currently suspended or excluded \n from participation under any program of the Federal Government \n involving procurement or nonprocurement activities.'';\n (3) by redesignating subsections (c) through (i) as \n subsections (d) through (j), respectively, and by inserting \n after subsection (b) the following:\n ``(c) The Office may bar the following providers of health care \nservices from participating in the program under this chapter:\n ``(1) Any provider--\n ``(A) whose license to provide health care services \n or supplies has been revoked, suspended, restricted, or \n not renewed, by a State licensing authority for reasons \n relating to the provider's professional competence, \n professional performance, or financial integrity; or\n ``(B) that surrendered such a license while a \n formal disciplinary proceeding was pending before such \n an authority, if the proceeding concerned the \n provider's professional competence, professional \n performance, or financial integrity.\n ``(2) Any provider that is an entity directly or indirectly \n owned, or with a 5 percent or more controlling interest, by an \n individual who is convicted of any offense described in \n subsection (b), against whom a civil monetary penalty has been \n assessed under subsection (d), or who has been debarred from \n participation under this chapter.\n ``(3) Any individual who directly or indirectly owns or has \n a controlling interest in an entity and who knows or should \n know of the action constituting the basis for the entity's \n conviction of any offense described in subsection (b), \n assessment with a civil monetary penalty under subsection (d), \n or debarment from participation under this chapter.\n ``(4) Any provider that the Office determines, in \n connection with claims presented under this chapter, has \n charged for health care services or supplies in an amount \n substantially in excess of such provider's customary charge for \n such services or supplies (unless the Office finds there is \n good cause for such charge), or charged for health care \n services or supplies which are substantially in excess of the \n needs of the covered individual or which are of a quality that \n fails to meet professionally recognized standards for such \n services or supplies.\n ``(5) Any provider that the Office determines has committed \n acts described in subsection (d).'';\n (4) in subsection (d) (as so redesignated by paragraph (3)) \n by amending paragraph (1) to read as follows:\n ``(1) in connection with claims presented under this \n chapter, that a provider has charged for a health care service \n or supply which the provider knows or should have known \n involves--\n ``(A) an item or service not provided as claimed,\n ``(B) charges in violation of applicable charge \n limitations under section 8904(b), or\n ``(C) an item or service furnished during a period \n in which the provider was debarred from participation \n under this chapter pursuant to a determination by the \n Office under this section, other than as permitted \n under subsection (g)(2)(B);'';\n (5) in subsection (f) (as so redesignated by paragraph (3)) \n by inserting after ``under this section'' the first place it \n appears the following: ``(where such debarment is not \n mandatory)'';\n (6) in subsection (g) (as so redesignated by paragraph \n (3))--\n (A) by striking ``(g)(1)'' and all that follows \n through the end of paragraph (1) and inserting the \n following:\n ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a \nprovider under subsection (b) or (c) shall be effective at such time \nand upon such reasonable notice to such provider, and to carriers and \ncovered individuals, as shall be specified in regulations prescribed by \nthe Office. Any such provider that is debarred from participation may \nrequest a hearing in accordance with subsection (h)(1).\n ``(B) Unless the Office determines that the health or safety of \nindividuals receiving health care services warrants an earlier \neffective date, the Office shall not make a determination adverse to a \nprovider under subsection (c)(5) or (d) until such provider has been \ngiven reasonable notice and an opportunity for the determination to be \nmade after a hearing as provided in accordance with subsection \n(h)(1).'';\n (B) in paragraph (3)--\n (i) by inserting ``of debarment'' after \n ``notice''; and\n (ii) by adding at the end the following: \n ``In the case of a debarment under paragraph \n (1), (2), (3), or (4) of subsection (b), the \n minimum period of debarment shall not be less \n than 3 years, except as provided in paragraph \n (4)(B)(ii).'';\n (C) in paragraph (4)(B)(i)(I) by striking \n ``subsection (b) or (c)'' and inserting ``subsection \n (b), (c), or (d)''; and\n (D) by striking paragraph (6);\n (7) in subsection (h) (as so redesignated by paragraph (3)) \n by striking ``(h)(1)'' and all that follows through the end of \n paragraph (2) and inserting the following:\n ``(h)(1) Any provider of health care services or supplies that is \nthe subject of an adverse determination by the Office under this \nsection shall be entitled to reasonable notice and an opportunity to \nrequest a hearing of record, and to judicial review as provided in this \nsubsection after the Office renders a final decision. The Office shall \ngrant a request for a hearing upon a showing that due process rights \nhave not previously been afforded with respect to any finding of fact \nwhich is relied upon as a cause for an adverse determination under this \nsection. Such hearing shall be conducted without regard to subchapter \nII of chapter 5 and chapter 7 of this title by a hearing officer who \nshall be designated by the Director of the Office and who shall not \notherwise have been involved in the adverse determination being \nappealed. A request for a hearing under this subsection shall be filed \nwithin such period and in accordance with such procedures as the Office \nshall prescribe by regulation.\n ``(2) Any provider adversely affected by a final decision under \nparagraph (1) made after a hearing to which such provider was a party \nmay seek review of such decision in the United States District Court \nfor the District of Columbia or for the district in which the plaintiff \nresides or has his or her principal place of business by filing a \nnotice of appeal in such court within 60 days after the date the \ndecision is issued, and by simultaneously sending copies of such notice \nby certified mail to the Director of the Office and to the Attorney \nGeneral. In answer to the appeal, the Director of the Office shall \npromptly file in such court a certified copy of the transcript of the \nrecord, if the Office conducted a hearing, and other evidence upon \nwhich the findings and decision complained of are based. The court \nshall have power to enter, upon the pleadings and evidence of record, a \njudgment affirming, modifying, or setting aside, in whole or in part, \nthe decision of the Office, with or without remanding the case for a \nrehearing. The district court shall not set aside or remand the \ndecision of the Office unless there is not substantial evidence on the \nrecord, taken as whole, to support the findings by the Office of a \ncause for action under this section or unless action taken by the \nOffice constitutes an abuse of discretion.''; and\n (8) in subsection (i) (as so redesignated by paragraph \n (3))--\n (A) by striking ``subsection (c)'' and inserting \n ``subsection (d)''; and\n (B) by adding at the end the following: ``The \n amount of a penalty or assessment as finally determined \n by the Office, or other amount the Office may agree to \n in compromise, may be deducted from any sum then or \n later owing by the United States to the party against \n whom the penalty or assessment has been levied.''.\n (b) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect on the date \n of the enactment of this Act.\n (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of \n section 8902a(c) of title 5, United States Code, as amended by \n subsection (a)(3), shall apply only to the extent that the \n misconduct which is the basis for debarment under such \n paragraph (2), (3), or (5), as applicable, occurs after the \n date of the enactment of this Act.\n (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States \nCode, as amended by subsection (a)(4), shall apply only with respect to \ncharges which violate section 8904(b) of such title for items or \nservices furnished after the date of the enactment of this Act.\n (C) Paragraph (3) of section 8902a(g) of title 5, United States \nCode, as amended by subsection (a)(6)(B), shall apply only with respect \nto debarments based on convictions occurring after the date of the \nenactment of this Act.\n\nSEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT.\n\n Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-\n7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance \nPortability and Accountability Act of 1996 (Public Law 104-191; 110 \nStat. 2000), is amended by striking ``(other than the health insurance \nprogram under chapter 89 of title 5, United States Code)''.","summary":"Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring debarment for certain fraudulent practices. Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program.","title":"Federal Employees Health Benefits Provider Integrity Amendments of 1997","text_len":11789,"sum_len":619} {"bill_id":"105_hr2847","text":"SECTION 1. SHORT TITLE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997.\n\n (a) Short Title.--This Act may be cited as the ``Higher Education \nAffordability and Availability Act''.\n (b) Coordination With Taxpayer Relief Act of 1997.--Any reference \nin this Act to any section of the Internal Revenue Code of 1986 amended \nor added by the Taxpayer Relief Act of 1997 shall be a reference to \nsuch section as so amended or added.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM \n QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS.\n\n (a) Exclusion.--\n (1) In general.--Subparagraph (B) of section 529(c)(3) of \n the Internal Revenue Code of 1986 (relating to distributions) \n is amended to read as follows:\n ``(B) Distributions for qualified higher education \n expenses.--If a distributee elects the application of \n this subparagraph for any taxable year--\n ``(i) no amount shall be includible in \n gross income by reason of a distribution which \n consists of providing a benefit to the \n distributee which, if paid for by the \n distributee, would constitute payment of a \n qualified higher education expense, and\n ``(ii) the amount which (but for the \n election) would be includible in gross income \n by reason of any other distribution shall not \n be so includible in an amount which bears the \n same ratio to the amount which would be so \n includible as the amount of the qualified \n higher education expenses of the distributee \n bears to the amount of the distribution.''\n (2) Additional tax on amounts not used for higher education \n expenses.--Section 529 of such Code is amended by adding at the \n end the following new subsection:\n ``(f) Additional Tax for Distributions Not Used for Educational \nExpenses.--\n ``(1) In general.--The tax imposed by section 530(d)(4) \n shall apply to payments and distributions from qualified \n tuition programs in the same manner as such tax applies to \n education individual retirement accounts.\n ``(2) Excess contributions returned before due date of \n return.--Paragraph (1) shall not apply to the distribution to a \n contributor of any contribution paid during a taxable year to a \n qualified tuition program to the extent that such contribution \n exceeds the limitation in section 4973(e) if such distribution \n (and the net income with respect to such excess contribution) \n meets requirements comparable to the requirements of clauses \n (i) and (ii) of section 530(d)(4)(C).''\n (3) Coordination with education credits.--Section 25A(e)(2) \n of such Code is amended by inserting ``529(c)(3)(B) or'' before \n ``530(d)(2)''.\n (4) Effective date.--The amendments made by this subsection \n shall apply to distributions after December 31, 1997, for \n education furnished in academic periods beginning after such \n date.\n (b) Eligible Educational Institutions Permitted To Maintain \nQualified Tuition Programs.--\n (1) In general.--Paragraph (1) of section 529(b) of such \n Code (defining qualified State tuition program) is amended by \n inserting ``or by one or more eligible educational \n institutions'' after ``maintained by a State or agency or \n instrumentality thereof''.\n (2) Limitation on contributions to qualified tuition \n programs not maintained by a state.--Subsection (b) of section \n 529 of such Code is amended by adding at the end the following \n new paragraph:\n ``(8) Limitation on contributions to qualified tuition \n programs not maintained by a state.--In the case of a program \n not maintained by a State or agency or instrumentality thereof, \n such program shall not be treated as a qualified tuition \n program unless it limits the annual contribution to the program \n on behalf of a designated beneficiary to $5,000.''\n (3) Tax on excess contributions.--\n (A) In general.--Subsection (a) of section 4973 of \n such Code is amended by striking ``or'' at the end of \n paragraph (3), by redesignating paragraph (4) as \n paragraph (5), and by inserting after paragraph (3) the \n following new paragraph:\n ``(4) a qualified tuition program (as defined in section \n 529) not maintained by a State or any agency or instrumentality \n thereof, or''.\n (B) Excess contributions defined.--Section 4973(e) \n of such Code is amended to read as follows:\n ``(e) Excess Contributions to Private Qualified Tuition Program and \nEducation Individual Retirement Accounts.--For purposes of this \nsection--\n ``(1) In general.--In the case of private education \n investment accounts maintained for the benefit of any 1 \n beneficiary, the term `excess contributions' means the amount \n by which the amount contributed for the taxable year to such \n accounts exceeds $5,000.\n ``(2) Private education investment account.--For purposes \n of paragraph (1), the term `private education investment \n account' means--\n ``(A) a qualified tuition program (as defined in \n section 529) not maintained by a State or any agency or \n instrumentality thereof, and\n ``(B) an education individual retirement account \n (as defined in section 530).\n ``(3) Special rules.--For purposes of paragraph (1), the \n following contributions shall not be taken into account:\n ``(A) Any contribution which is distributed out of \n the education individual retirement account in a \n distribution to which section 530(d)(4)(C) applies.\n ``(B) Any contribution to a qualified tuition \n program (as so defined) described in section \n 530(b)(2)(B) from any such account.\n ``(C) Any rollover contribution.''\n (4) Conforming amendments.--\n (A) Paragraph (2) of section 26(b) of such Code is \n amended by redesignating subparagraphs (E) through (Q) \n as subparagraphs (F) through (R), respectively, and by \n inserting after subparagraph (D) the following new \n subparagraph:\n ``(E) section 529(f) (relating to additional tax on \n certain distributions from qualified tuition \n programs),''.\n (B) The text and headings of sections 529 and 530 \n of such Code are amended by striking ``qualified State \n tuition program'' each place it appears and inserting \n ``qualified tuition program''.\n (C)(i) The section heading of section 529 of such \n Code is amended to read as follows:\n\n``SEC. 529. QUALIFIED TUITION PROGRAMS.''\n\n (ii) The item relating to section 529 of such Code \n in the table of sections for part VIII of subchapter F \n of chapter 1 is amended by striking ``State''.\n (5) Effective date.--The amendments made by this subsection \n shall take effect on January 1, 1998.\n (c) Change of Qualified Tuition Program or of Designated \nBeneficiary.--\n (1) In general.--Clause (i) of section 529(c)(3)(C) of such \n Code is amended by inserting ``to another qualified tuition \n program for the benefit of the designated beneficiary or'' \n after ``transferred''.\n (2) Inclusion of siblings as member of family.--Paragraph \n (e)(2) of section 529(e) of such Code is amended by inserting \n before the period at the end the following: ``, except that \n such term shall include any sibling (whether by the whole or \n half blood) of the designated beneficiary''.\n (3) Effective date.--The amendments made by this subsection \n shall take effect on January 1, 1998.","summary":"Higher Education Affordability and Availability Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of qualified State tuition program programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000. Sets forth related excess contribution provisions.","title":"Higher Education Affordability and Availability Act","text_len":8635,"sum_len":489} {"bill_id":"110_hr1042","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Promotion Authority Extension \nand Enhancement Act of 2007''.\n\nSEC. 2. EXTENSION OF TRADE PROMOTION AUTHORITY.\n\n Section 2103 of the Bipartisan Trade Promotion Authority Act of \n2002 (19 U.S.C. 3803) is amended--\n (1) in subsection (a)(1)(A)--\n (A) in clause (i), by striking ``2005'' and \n inserting ``2011''; and\n (B) by amending clause (ii) to read as follows:\n ``(ii) July 1, 2016, and July 1 of each \n fifth calendar year thereafter, subject to \n subsection (c).'';\n (2) in subsection (b)(1)(C)--\n (A) in clause (i), by striking ``2005'' and \n inserting ``2011''; and\n (B) by amending clause (ii) to read as follows:\n ``(ii) July 1, 2016, and July 1 of each \n fifth calendar year thereafter, subject to \n subsection (c).''; and\n (3) in subsection (c)--\n (A) in paragraph (1)--\n (i) in subparagraph (A), by striking \n ``2005'' and inserting ``2011''; and\n (ii) by amending subparagraph (B) to read \n as follows:\n ``(B) the trade authorities procedures shall be \n extended to implementing bills submitted with respect \n to trade agreements entered into under subsection (b) \n during the 5-year period beginning on July 1, 2011, and \n during each 5-year period thereafter, unless the \n Congress adopts an extension disapproval resolution \n under paragraph (5) after April 1, and before July 1, \n of the year in which any such 5-year period begins.\n If an extension disapproval resolution is adopted during the \n period specified in subparagraph (B), then trade authorities \n procedures shall not be extended with respect to trade \n agreements entered into during any 5-year period described in \n subsection (b) that begins on or after the date on which the \n resolution is adopted.'';\n (B) in paragraph (2)--\n (i) by striking ``If the President'' and \n all that follows through ``extension,'' and \n inserting ``The President shall submit to the \n Congress, not later than April 1, 2011, and not \n later than April 1 of each fifth year \n thereafter, a written report with respect to \n the extension of trade authorities procedures \n during the 5-year period beginning on July 1 of \n the year in which the report is submitted,'' ; \n and\n (ii) by adding at the end the following \n flush sentence:\n ``No report under this paragraph is required after a \n disapproval resolution is adopted under paragraph (5).'';\n (C) by amending paragraph (3) to read as follows:\n ``(3) Other reports to congress.--\n ``(A) Report by the advisory committee.--the \n Advisory Committee for Trade Policy and Negotiations \n established under section 135 of the trade Act of 1974 \n shall, not later than June 1, 2011, and not later than \n June 1 of each fifth year thereafter, a written report \n that contains--\n ``(i) its views regarding the progress that \n has been made in negotiations to achieve the \n purposes, policies, priorities, and objectives \n of this title; and\n ``(ii) a statement of its views, and the \n reasons therefor, regarding whether the trade \n authorities procedures should be extended for \n the succeeding 5-year period under paragraph \n (1).\n ``(B) Report by itc.--The International Trade \n Commission shall submit to the Congress, not later than \n June 1, 2011, and not later than June 1 of each fifth \n year thereafter, a written report that contains a \n review and analysis of the economic impact on the \n United States of all trade agreements implemented on or \n after July 1 of the fifth preceding calendar year.\n ``(C) Termination of reporting requirement.--No \n report under subparagraph (A) or (B) is required after \n a disapproval resolution is adopted under paragraph \n (5).''; and\n (D) in paragraph (5)--\n (i) by striking ``(5)'' and all that \n follows through the end of subparagraph (A) and \n inserting the following:\n ``(5) Extension disapproval resolutions.--(A) For purposes \n of paragraph (1), the term `extension disapproval resolution' \n means a concurrent resolution of Congress, the sole matter \n after the resolving clause of which is as follows: `That the \n Congress disapproves the extension of trade authorities \n procedures under the Bipartisan Trade Promotion Authority Act \n of 2002 to any implementing bill submitted with respect to any \n trade agreement entered into under section 2103(b) of that Act \n on or after July 1, ___.', with the blank space being filled \n with the year that begins the applicable 5-year period \n described in paragraph (1)(B).''; and\n (ii) in subparagraph (D)(iii), by striking \n ``after June 30, 2005'' and inserting ``during \n the period beginning on July 1 of a year that \n begins a 5-year period described in paragraph \n (1)(B) and ending on April 1 of the last year \n of that 5-year period''.","summary":"Trade Promotion Authority Extension and Enhancement Act of 2007 - Amends the Bipartisan Trade Promotion Authority Act of 2002 to extend the President's authority until July 1, 2011 to enter into trade agreements with foreign countries whose tariff and nontariff policies unduly burden or restrict US trade or adversely affects the US economy. Extends trade authorities procedures to bills implementing trade agreements entered into during the five-year period beginning on July 1, 2011, and during each five-year period thereafter, unless Congress disapproves after April 1, and before July 1, of the year in which any such five-year period begins.","title":"To extend trade promotion authority.","text_len":6436,"sum_len":648} {"bill_id":"108_s329","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Neighborhood Security Act of 2003''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) National Neighborhood Watch was created by the National \n Sheriffs Association in 1972 through funding provided by the \n Law Enforcement Assistance Administration.\n (2) Neighborhood Watch is a voluntary program that supports \n local efforts to safeguard communities.\n (3) A national registry of Neighborhood Watch units does \n not exist.\n (4) On January 30, 2002, President Bush announced the \n creation of Citizen Corps. Beginning in September 2002, in \n cooperation of the National Sheriffs Association, Citizen Corps \n has aimed to encourage citizens to form Neighborhood Watch \n groups in their local communities to bolster homeland security.\n (5) Citizens in local communities should be encouraged and \n empowered to engage in homeland security activities to reduce \n the threat to homeland security from terrorism.\n (6) The Nation's homeland security system should do as much \n as possible to--\n (A) encourage the creation of, and participation \n in, high-quality Neighborhood Watch programs in local \n communities;\n (B) disseminate information about homeland security \n efforts; and\n (C) educate citizens on how to prevent, and respond \n to, possible terrorist attacks.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To provide each community in each city, suburb, and \n small town within the United States with the opportunity to \n establish an effective Neighborhood Watch in which all \n community members have the opportunity to participate.\n (2) To create 50,000 new Neighborhood Watches by the end of \n 2007.\n (3) To enhance the quality of existing Neighborhood \n Watches.\n\nSEC. 3. NEIGHBORHOOD WATCH GRANTS.\n\n (a) Grants Authorized.--\n (1) In general.--The Attorney General, through the Office \n of Justice Programs, is authorized to award 1 or more grants to \n eligible entities to develop and improve Neighborhood Watches \n throughout the Nation.\n (2) Eligible entities.--Nonprofit organizations and \n professional associations are eligible to receive grants under \n this section.\n (b) Use of Funds.--Grants awarded pursuant to subsection (a) shall \nbe used to--\n (1) complete a survey of Neighborhood Watches that \n identifies such programs by ZIP code;\n (2) establish a national registry of Neighborhood Watch \n leaders, with appropriate contact information;\n (3) through the survey under paragraph (1), identify best \n practices and model programs among Neighborhood Watches for--\n (A) educating community members with respect to the \n prevention of terrorism and crime;\n (B) preventing or assisting with the prevention of \n terrorism and crime;\n (C) appropriately responding to terrorism and \n crime; and\n (D) achieving broad community involvement in \n activities under subparagraphs (A) through (C);\n (4) using the best practices identified in paragraph (3), \n create a manual for communities seeking to--\n (A) establish a new Neighborhood Watch; or\n (B) improve an existing Neighborhood Watch; and\n (5) engage in outreach and respond to inquiries in order to \n disseminate information about--\n (A) the benefits of effective Neighborhood Watches;\n (B) the means to establish new Neighborhood \n Watches; and\n (C) the means to improve existing Neighborhood \n Watches.\n (6) In response to an appropriate request to create a \n Neighborhood Watch, the grantee shall provide a Neighborhood \n Watch start-up kit which includes material useful for a \n Neighborhood Watch that is identified by the grantee.\n (c) Application.--\n (1) In general.--Each eligible entity desiring a grant \n under this section shall submit an application to the Attorney \n General at such time, in such manner, and accompanied by such \n information as the Attorney General may reasonably require.\n (2) Criteria.--Applicants for grants under this section \n shall be selected based on--\n (A) the applicant's ability to carry out the \n activities described in subsection (b);\n (B) the applicant's experience coordinating \n Neighborhood Watches;\n (C) adequate consultation with state and local law \n enforcement; and\n (D) and other criteria, as determined by the \n Attorney General.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $10,000,000 for fiscal year \n2004 and such sums as are necessary for fiscal years 2005 through 2008 \nto carry out this Act and the amendments made by this Act.","summary":"Neighborhood Security Act of 2003 - Authorizes the Attorney General, through the Office of Justice Programs, to award grants to nonprofit organizations and professional associations to develop and improve Neighborhood Watches throughout the Nation. Requires grants to be used to: (1) complete a survey that identifies Neighborhood Watches by ZIP code, (2) establish a national registry of Neighborhood Watch leaders. (3) identify best practices and model programs among Neighborhood Watches for preventing and responding to terrorism and crime. (4) create a manual for communities seeking to establish or improve a Neighborhood Watch. (5) engage in outreach and respond to inquiries to disseminate information about the benefits of effective Neighborhood Watches and the means to establish or improve them, and (6) provide a Neighborhood Watch start-up kit upon request.","title":"A bill to assist the Neighborhood Watch program to empower communities and citizens to enhance awareness about threats from terrorism and weapons of mass destruction, and encourage local communities to better prepare to respond to terrorist attacks.","text_len":5487,"sum_len":870} {"bill_id":"104_hr4304","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``School Desegregation Litigation \nReform Act of 1996''.\n\nSEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES.\n\n (a) In General.--Section 213 of the Equal Educational Opportunities \nAct of 1974 (20 U.S.C. 1712) is amended to read as follows:\n``Sec. 213. Appropriate remedies in school cases\n ``(a) Requirements for Relief.--\n ``(1) Prospective relief.--(A) A Federal court shall not \n have jurisdiction to award prospective relief in any civil \n action with respect to the operation of public schools that \n extends further than necessary to remedy the violation of a \n Federal right of a plaintiff.\n ``(B) A Federal court shall not have jurisdiction to grant \n or approve any prospective relief unless the court finds that \n such relief is narrowly drawn, extends no further than \n necessary to remedy the violation of the Federal right, and is \n the least intrusive means necessary to remedy the violation of \n the Federal right.\n ``(C) A Federal court shall not have jurisdiction to order \n any prospective relief that requires or permits a government \n official to exceed authority under State or local law or \n otherwise violates State or local law, unless--\n ``(i) Federal law requires such relief to be \n ordered in violation of State or local law;\n ``(ii) the relief is necessary to remedy a \n violation of a Federal right; and\n ``(iii) no other relief will remedy the violation \n of a Federal right.\n ``(D) Nothing in this section shall be construed to \n authorize a Federal court, in exercising its remedial powers, \n to order the assignment of students to particular schools on \n the basis of race, color, or national origin, to order the \n raising of taxes, or to repeal, or make less restrictive from \n otherwise applicable limitations, the remedial powers of the \n courts.\n ``(2) Student assignment orders.--(A) In any civil action \n with respect to the operation of public schools, a Federal \n court shall not have jurisdiction to enter a student assignment \n order unless--\n ``(i) a Federal court has previously entered an \n order for less intrusive relief that has failed to \n remedy the violation of the Federal right sought to be \n remedied through the student assignment order; and\n ``(ii) the defendant has had a reasonable time to \n comply with the previous court order.\n ``(B)(i) In any civil action with respect to the operation \n of the public schools, a student assignment order shall be \n entered only by a three-judge court in accordance with section \n 2284 of title 28, United States Code.\n ``(C) A party seeking a student assignment order in a \n Federal court shall file with any request for such relief, a \n request for a three-judge court and materials sufficient to \n demonstrate that the requirements of subparagraph (a) have been \n met.\n ``(D) The three-judge court shall enter a student \n assignment order only if the court finds by clear and \n convincing evidence that--\n ``(i) the requirements of subparagraph (a) have \n been met; and\n ``(ii) no other relief will remedy the violation of \n the Federal right.\n ``(b) Termination of Relief.--\n ``(1) Termination of prospective relief.--(A) Subject to \n the limitation set forth in paragraph (3), in any civil action \n with respect to the operation of the public schools in which \n prospective relief is ordered, such relief shall be terminated \n upon the motion of any party or intervenor--\n ``(i) 2 years after the date the court granted or \n approved the prospective relief; or\n ``(ii) 1 year after the date the court has entered \n an order denying termination of prospective relief \n under this paragraph.\n ``(B) Nothing in this section shall prevent the parties \n from agreeing to terminate or modify relief before the relief \nis terminable under subparagraph (A).\n ``(2) Immediate termination of prospective relief.--In any \n civil action with respect to the operation of the public \n schools, a defendant or intervenor shall be entitled to the \n immediate termination of any prospective relief if the relief \n was approved or granted in the absence of a finding by the \n court that the relief is narrowly drawn, extends no further \n than necessary to remedy the violation of the Federal right, \n and is the least intrusive means necessary to remedy the \n violation of the Federal right.\n ``(3) Limitation.--(A) Prospective relief shall not \n terminate if the court previously entered the prospective \n relief after finding it necessary to remedy a violation of a \n Federal right and the plaintiff establishes by a preponderance \n of the evidence that prospective relief remains necessary to \n remedy a current and ongoing violation of that Federal right. \n The court shall not permit discovery.\n ``(B) Nothing in this section shall prevent any plaintiff \n from bringing a new civil action with respect to the operation \n of the public schools against a party to a pending civil action \n with respect to the operation of the public schools for a new \n violation of a Federal right, or obtaining prospective relief \n consistent with the provisions of this section for such a new \n violation. If a new action is brought in Federal court, it \n shall not be heard by any judge who has previously entered an \n order for prospective relief in a civil action that has been in \n effect for longer than 2 years with respect to the operation of \n the public schools.\n ``(4) Termination or modification of relief.--Nothing in \n this section shall prevent any party or intervenor from seeking \n modification or termination before the relief is terminable \n under paragraph (1) or (2), to the extent that modification or \n termination would otherwise be legally permissible.\n ``(c) Settlements.--\n ``(1) Consent decrees.--In any civil action with respect to \n the operation of public schools, a Federal court shall not have \n jurisdiction to enter or approve a consent decree unless it \n complies with the limitations on relief set forth in subsection \n (a).\n ``(2) Private settlement agreements.--Nothing in this \n section shall preclude parties from entering into a private \n settlement agreement that does not comply with the limitations \n on relief set forth in subsection (a).\n ``(d) Procedure for Motions Affecting Prospective Relief.--The \ncourt shall promptly rule on any motion to modify or terminate \nprospective relief in a civil action with respect to the operation of \nthe public schools.\n ``(e) Special Masters.--In any civil action with respect to the \noperation of public schools--\n ``(1) In general.--(A) The court may appoint a special \n master who shall be disinterested and objective to conduct \n hearings on the record and prepare proposed findings of fact.\n ``(B) The court shall appoint a special master during the \n remedial phase of the action only upon a finding that the \n remedial phase will be sufficiently complex to warrant the \n appointment.\n ``(2) Appointment.--(A) If the court determines that the \n appointment of a special master is necessary, the court shall \n request that the defendant and the plaintiff each submit a list \n of not more than 5 persons to serve as a special master.\n ``(B) Each party shall have the opportunity to remove up to \n 3 persons from the opposing party's list.\n ``(C) The court shall select the master from the persons \n remaining on the list after the application of subparagraph \n (B).\n ``(D) If the court determines that the persons remaining on \n the list are not qualified to serve as special master, the \n court may appoint a person not on the list with the consent of \n all parties.\n ``(3) Interlocutory appeal.--Any party shall have the right \n to an interlocutory appeal of the judge's selection of the \n special master, on the ground of partiality.\n ``(4) Compensation.--The compensation to be allowed to a \n special master shall be based on an hourly rate not greater \n than the hourly rate established under section 3006A of title \n 18 for payment of court-appointed counsel, plus costs \n reasonably incurred by the special master. Such compensation \n and costs shall be paid with funds appropriated to the \n judiciary. In no event shall the court require the parties to \n pay the compensation or costs of the special master.\n ``(5) Regular review of appointment.--The court shall \n review the appointment of the special master every 6 months to \n determine whether the services of the special master continue \n to be required under paragraph (1). In no event shall the \n appointment of a special master extend beyond the termination \n of the relief.\n ``(6) Limitations on powers and duties.--A special master \n appointed in any civil action with respect to the operation of \n public schools--\n ``(A) may be authorized by a court to conduct \n hearings on the record and shall make any findings of \n fact based on the record as a whole;\n ``(B) shall not make any findings or communications \n ex parte; and\n ``(C) may be removed at any time, but shall be \n relieved of the appointment upon the termination of \n relief.\n ``(7) The requirements of paragraphs (1) through (4) shall \n apply only to special masters appointed after the date of \n enactment of School Desegregation Litigation Reform Act of \n 1996.\n ``(f) Intervention.--In any civil action with respect to the \noperation of public schools, any State or local official or unit of \ngovernment whose jurisdiction includes the appropriation of funds for, \nor the operation of, public schools shall have standing to oppose the \nimposition or continuation in effect of prospective relief and to seek \ntermination of such relief, and shall have the right to intervene in \nany proceeding relating to such relief.\n ``(g) Definitions.--As used in this section--\n ``(1) the term `consent decree' means any relief entered by \n the court that is based in whole or in part upon the consent or \n acquiescence of the parties, but does not include private \n settlement agreements;\n ``(2) the term `civil action with respect to the operation \n of public schools' means any civil proceeding arising under \n Federal law with respect to the operation of any public school \n system by any State or local government that alleges that the \n public school system has been or is being operated in violation \n of the 5th or 14th amendment rights or any other provision of \n Federal law that guarantees equal educational opportunity;\n ``(3) the term `student assignment order' includes any \n order, including a temporary restraining order or preliminary \n injunctive relief, that has the purpose or effect of directing \n or regulating the particular public school to which students \n are assigned to attend;\n ``(4) the term `private settlement agreement' means an \n agreement entered into among the parties that is not subject to \n judicial enforcement other than the reinstatement of the civil \n proceeding that was concluded as a result of the agreement \n entering into force;\n ``(5) the term `prospective relief' means all relief other \n than compensatory monetary damages, including the appointment \n of a special master;\n ``(6) the term `special master' means any person appointed \n by a Federal court pursuant to rule 53 of the Federal Rules of \n Civil Procedure or pursuant to any power of the court to \n exercise the powers of a master, regardless of the title or \n description given by the court;\n ``(7) the term `relief' means all relief in any form that \n may be ordered or approved by the court, and includes consent \n decrees but does not include private settlement agreements; and\n ``(8) the term `violation of a Federal right' includes a \n violation of a Federal constitutional or Federal statutory \n right, but does not include a violation of a court order that \n is not independently a violation of a Federal constitutional or \n Federal statutory right.''.\n (b) Application of Amendment.--Section 213 of the Equal Educational \nOpportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, \nshall apply with respect to all prospective relief whether such relief \nwas originally ordered or approved before, on, or after the date of the \nenactment of this Act.\n\nSEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED.\n\n Section 204 of the Equal Educational Opportunities Act of 1974 (20 \nU.S.C. 1703) is amended to read as follows:\n``Sec. 204. Denial of equal educational opportunity prohibited\n ``No State shall deny equal educational opportunity to an \nindividual on account of race, color, or national origin, by--\n ``(1) the intentional segregation by an educational agency \n of students on the basis of race, color, or national origin \n among or within schools;\n ``(2) the assignment or transfer by the State, the courts \n of any State, any educational agency or official thereof, or \n any Federal agency or official thereof of a student to a \n school, other than the one closest to the place of residence \n within the school district in which the student resides, if the \n assignment was made on the basis of race, color, or national \n origin, of students among schools in the school district, \n including assignments made for the purpose of attaining a \n balance on the basis of race, color, or national origin, \n unless--\n ``(A) such assignment is necessary to remedy the \n violation of a Federal right (as defined in section \n 213(g)(8)); and\n ``(B) there are no other means for remedying the \n violation of the Federal right; or\n ``(3) the modification of the lines drawn by the State, \n subdividing its territory into separate school districts, if \n the modification was made for the purpose of attaining a \n balance, on the basis of race, color, or national origin, of \n students among public schools, unless--\n ``(A) such assignment is necessary to remedy the \n violation of a Federal right (as defined in section \n 213(g)(8)); and\n ``(B) there are no other means for remedying the \n violation of the Federal right.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n (a) Policy.--Section 202 of the Equal Educational Opportunities Act \nof 1974 (20 U.S.C. 1701) is amended--\n (1) in subsection (a), by striking ``(a) The'' and \n inserting ``The''; and\n (2) by striking subsection (b).\n (b) Findings.--Section 203(b) of the Equal Educational \nOpportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) \nby striking ``elimination of the vestiges of dual school systems, \nexcept that the provisions of this title are not intended to modify or \ndiminish the authority of the courts of the United States to enforce \nfully the fifth and fourteenth amendments to the Constitution of the \nUnited States.'', and inserting ``denial of equal educational \nopportunity, limit the jurisdiction of the Federal courts over the \noperations of public schools, and prohibit the use of race, color, or \nnational origin as a basis for making school assignments.''.\n (c) Civil Actions.--Section 207 of the Equal Educational \nOpportunities Act of 1974 (20 U.S.C. 1706) is amended by--\n (1) inserting ``or a school district in which such an \n individual resides on behalf of such an individual, or any \n State or local official or unit of government whose \n jurisdiction includes the appropriation of funds for, or the \n operation of, a school district in which such an individual \n resides on behalf of such an individual,'' after ``this part'' \n in the first sentence; and\n (2) striking ``institute a civil action'', and inserting \n ``institute or intervene in a civil action''.\n (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational \nOpportunities Act of 1974 are repealed.","summary":"School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in such civil actions.","title":"School Desegregation Litigation Reform Act of 1996","text_len":17780,"sum_len":489} {"bill_id":"114_s1963","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bureau of Consumer Financial \nProtection Advisory Board Enhancement Act''.\n\nSEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER \n FINANCIAL PROTECTION.\n\n (a) In General.--The Consumer Financial Protection Act of 2010 is \namended by inserting after section 1014 (12 U.S.C. 5494) the following:\n\n``SEC. 1014A. ADVISORY BOARDS.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `eligible financial product or service' \n means a financial product or service that is offered or \n provided for use by consumers primarily for personal, family, \n or household purposes as described in clause (i), (iii), (v), \n (vi), or (ix) of section 1002(15)(A);\n ``(2) the term `rural area' has the meaning given the term \n in section 1393(a)(2) of the Internal Revenue Code of 1986; and\n ``(3) the terms `small business concern', `small business \n concern owned and controlled by veterans', and `small business \n concern owned and controlled by women' have the meanings given \n those terms in section 3 of the Small Business Act (15 U.S.C. \n 632).\n ``(b) Small Business Advisory Board.--\n ``(1) Establishment.--The Director shall establish a Small \n Business Advisory Board--\n ``(A) to advise and consult with the Bureau in the \n exercise of the functions of the Bureau under the \n Federal consumer financial laws applicable to eligible \n financial products or services; and\n ``(B) to provide information on emerging practices \n of small business concerns that provide eligible \n financial products or services, including regional \n trends, the effect that decisions by the Bureau have on \n rural areas, concerns, and other relevant information.\n ``(2) Membership.--\n ``(A) Number.--The Director shall appoint not less \n than 15 and not more than 20 members to the Small \n Business Advisory Board.\n ``(B) Qualification.--Members appointed under \n subparagraph (A) shall be representatives of small \n business concerns that--\n ``(i) provide eligible financial products \n or services; and\n ``(ii) are service providers to covered \n persons.\n ``(C) Additional considerations.--In appointing \n members under subparagraph (A), the Director shall--\n ``(i) include members representing small \n business concerns owned and controlled by \n veterans, small business concerns owned and \n controlled by women, and minority-owned small \n business concerns, and the interests of those \n concerns, without regard to party affiliation; \n and\n ``(ii) require an adequate representation \n of members that own small business concerns for \n which the principal place of business is in a \n rural or underserved area.\n ``(3) Meetings.--The Small Business Advisory Board--\n ``(A) shall meet from time to time at the call of \n the Director; and\n ``(B) shall meet not less than twice each year.\n ``(c) Credit Union Advisory Council.--\n ``(1) Establishment.--The Director shall establish a Credit \n Union Advisory Council to advise and consult with the Bureau on \n consumer financial products or services that impact credit \n unions.\n ``(2) Membership.--\n ``(A) Number.--The Director shall appoint not less \n than 15 and not more than 20 members to the Credit \n Union Advisory Council.\n ``(B) Considerations.--In appointing members under \n subparagraph (A), the Director shall--\n ``(i) include members representing credit \n unions predominantly serving traditionally \n underserved communities and populations and \n their interests, without regard to party \n affiliation; and\n ``(ii) require an adequate representation \n of members that represent credit unions that \n are headquartered in a rural or underserved \n area.\n ``(3) Meetings.--The Credit Union Advisory Council--\n ``(A) shall meet from time to time at the call of \n the Director; and\n ``(B) shall meet not less than twice each year.\n ``(d) Community Bank Advisory Council.--\n ``(1) Establishment.--The Director shall establish a \n Community Bank Advisory Council to advise and consult with the \n Bureau on consumer financial products or services that impact \n community banks.\n ``(2) Membership.--\n ``(A) Number.--The Director shall appoint not less \n than 15 and not more than 20 members to the Community \n Bank Advisory Council.\n ``(B) Considerations.--In appointing members under \n subparagraph (A), the Director shall--\n ``(i) include members representing \n community banks predominantly serving \n traditionally underserved communities and \n populations and their interests, without regard \n to party affiliation; and\n ``(ii) require an adequate representation \n of members that represent community banks that \n are headquartered in a rural or underserved \n area.\n ``(3) Meetings.--The Community Bank Advisory Council--\n ``(A) shall meet from time to time at the call of \n the Director; and\n ``(B) shall meet not less than twice each year.\n ``(e) Compensation and Travel Expenses.--Members of the Small \nBusiness Advisory Board, the Credit Union Advisory Council, or the \nCommunity Bank Advisory Council, as established under subsections (b), \n(c), and (d), respectively, who are not full-time employees of the \nUnited States shall--\n ``(1) be entitled to receive compensation at a rate fixed \n by the Director while attending meetings of the Small Business \n Advisory Board, the Credit Union Advisory Council, or the \n Community Bank Advisory Council, including travel time; and\n ``(2) be allowed travel expenses, including transportation \n and subsistence, while away from their homes or regular places \n of business.''.\n (b) Table of Contents Amendment.--The table of contents in section \n1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 \nU.S.C. 5301 et seq.) is amended by inserting after the item relating to \nsection 1014 the following:\n\n``Sec. 1014A. Advisory Boards.''.","summary":"Bureau of Consumer Financial Protection Advisory Board Enhancement Act This bill amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to establish: (1) a Small Business Advisory Board to advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding financial products or services provided for use by consumers primarily for personal, family, or household purposes and to provide information on emerging practices of small businesses that provide such products or services. And (2) a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively.","title":"Bureau of Consumer Financial Protection Advisory Board Enhancement Act","text_len":7528,"sum_len":821} {"bill_id":"110_s3358","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Food-borne Illness \nSurveillance and Response Act of 2008''.\n\nSEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE.\n\n (a) In General.--\n (1) Authority.--The Secretary of Health and Human Services \n (referred to in this section as the ``Secretary'') shall \n strengthen and expand food-borne illness surveillance systems \n to--\n (A) inform and evaluate efforts to prevent food-\n borne illness; and\n (B) enhance the identification and investigation \n of, and response to, food-borne illness outbreaks.\n (2) Food-borne illness outbreak.--For purposes of this \n section, the term ``food-borne illness outbreak'' means the \n occurrence of 2 or more cases of a similar illness resulting \n from the ingestion of a common food.\n (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nshall enhance food-borne illness surveillance systems to improve the \ncollection, analysis, reporting, and usefulness of data on food-borne \nillnesses by--\n (1) coordinating food-borne illness surveillance systems, \n including complaint systems, in order to--\n (A) produce better information on illnesses \n associated with foods, including sources and risk \n factors for infections by emerging pathogens; and\n (B) facilitate sharing of data acquisition and \n findings on a more timely basis among governmental \n agencies, including the Food and Drug Administration, \n the Food Safety and Inspection Service, and State and \n local agencies, and with the public;\n (2) augmenting such systems to improve attribution of a \n food-borne illness outbreak to a specific food;\n (3) developing improved epidemiological tools for obtaining \n quality exposure data, microbiological methods for classifying \n cases and detecting clusters, and improved tracebacks to \n rapidly and specifically identify contaminated food products;\n (4) expanding capacity of such systems for implementation \n of fingerprinting strategies for food-borne infectious agents, \n including parasites and hepatitis A, in order to increase \n pathogen discovery efforts to identify new or rarely documented \n causes of food-borne illness;\n (5) allowing timely public access to de-identified, \n aggregate surveillance data;\n (6) at least annually, publishing current reports on \n findings from such systems;\n (7) exploring establishment of registries for long-term \n case follow-up to better characterize late complications of \n food-borne illness;\n (8) increasing participation in national networks of public \n health and food regulatory agencies and laboratories to--\n (A) allow public health officials at the Federal, \n State, and local levels to share and accept laboratory \n analytic findings; and\n (B) identify food-borne illness outbreaks and \n attribute such outbreaks to specific foods through \n submission of standardized molecular subtypes (also \n known as ``fingerprints'') of food-borne illness \n pathogens to a centralized database; and\n (9) establishing a flexible mechanism for rapidly \n supporting scientific research by academic centers of \n excellence, which may include staff representing academic \n clinical researchers, food microbiologists, animal and plant \n disease specialists, ecologists, and other allied disciplines.\n (c) Improving State Surveillance Capacity.--The Secretary, acting \nthrough the Director of the Centers for Disease Control and Prevention \nand the Commissioner of Food and Drugs, shall improve capacity for \nsurveillance in the States by--\n (1) supporting outbreak investigations with needed \n specialty expertise, including epidemiological, \n microbiological, and environmental expertise, to assist \n identification of underlying common sources and contributing \n factors;\n (2) identifying, disseminating, and supporting \n implementation of model practices at the State and local level \n for--\n (A) facilitating rapid shipment of clinical \n isolates from clinical laboratories to State public \n health laboratories to avoid delays in testing;\n (B) conducting rapid and more standardized \n interviewing of cases associated with major enteric \n pathogens, including prior to designation of clusters \n as food-borne illness outbreaks;\n (C) conducting and evaluating rapid and \n standardized interviews of healthy control persons;\n (D) sharing information on a timely basis--\n (i) within public health and food \n regulatory agencies;\n (ii) among such agencies;\n (iii) with the food industry;\n (iv) with healthcare providers; and\n (v) with the public;\n (3) developing, regularly updating, and disseminating \n training curricula on food-borne illness surveillance \n investigations, including standard sampling methods and \n laboratory procedures;\n (4) integrating new molecular diagnostic tools for \n parasites into web-based consultation services for parasitic \n infections to accelerate the identification of these food-borne \n infectious agents;\n (5) supporting research to develop and deploy new subtyping \n methods for salmonella, E. coli, campylobacter, and other \n pathogens, to increase the speed and accuracy of diagnoses;\n (6) determining minimum core competencies for public health \n laboratories, and developing self-evaluation and proficiency-\n testing tools for such laboratories;\n (7) facilitating regional public health laboratory \n partnerships to leverage resources, including equipment and \n physical space, and increase surge capacity;\n (8) providing technical assistance, which may include the \n detailing of officers and employees of the Secretary, to State \n and local public health and food regulatory agencies;\n (9) partnering with the Food and Drug Administration to \n increase communication, coordination, and integration of food-\n borne illness surveillance and outbreak investigation \n activities; and\n (10) developing and periodically updating response and \n interview procedures so that such procedures are standardized \n and tested.\n (d) Program Activities.--The Secretary shall carry out activities \nto support core food safety functions of State and local public health \nlaboratories, including--\n (1) establishing fellowships, stipends, and scholarships to \n address critical workforce shortages;\n (2) training and coordination of State and local personnel;\n (3) establishing partnerships between private and public \n laboratories to facilitate sharing of positive enteric \n specimens and improve surge capacity;\n (4) strengthening capacity to participate in existing or \n new food-borne illness surveillance systems; and\n (5) the purchase and maintenance of data systems hardware \n and software and laboratory equipment.\n (e) Partnerships.--Not later than 180 days after the date of \nenactment of the Improving Food-borne Illness Surveillance and Response \nAct of 2008, the Secretary shall establish a diverse working group of \nexperts and stakeholders from Federal, State, and local food safety and \nhealth agencies, the food industry, consumer organizations, and \nacademia. Such working group shall provide the Secretary, through at \nleast annual meetings of the working group and an annual public report, \nadvice and recommendations on an ongoing and regular basis regarding \nthe improvement of food-borne illness surveillance and implementation \nof this section, including advice and recommendations on--\n (1) the priority needs of regulatory agencies, the food \n industry, and consumers for information and analysis on food-\n borne illness and its causes that can be used to prevent food-\n borne illness;\n (2) opportunities to improve the effectiveness of \n initiatives at the Federal, State, and local levels, including \n coordination and integration of activities among Federal \n agencies, and between the Federal, State, and local levels of \n government;\n (3) improvement in the timeliness and depth of access by \n regulatory and health agencies, the food industry, academic \n researchers, and consumers to food-borne illness surveillance \n data collected by government agencies at all levels, including \n data compiled by the Centers for Disease Control and \n Prevention;\n (4) key barriers to improvement in food-borne illness \n surveillance and its utility for preventing food-borne illness \n at Federal, State, and local levels; and\n (5) specific actions to reduce barriers to improvement, \n implement the working group's recommendations, and achieve the \n purposes of this section, with measurable objectives and \n timelines, and identification of resource and staffing needs.\n\nSEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by adding at the end the following:\n\n ``PART S--PROGRAMS RELATING TO FOOD\n\n``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND \n LOCAL LEVEL.\n\n ``(a) Goals.--The Secretary shall leverage and enhance the food \nsafety capacity and roles of State and local agencies and integrate \nState and local agencies as fully as possible into national food safety \nefforts, in order to achieve the following goals:\n ``(1) Improve food-borne illness outbreak response and \n containment.\n ``(2) Improve the contribution of food-borne illness \n surveillance and investigation to the prevention of food-borne \n illness.\n ``(3) Strengthen oversight of food safety at the retail \n level.\n ``(4) Strengthen the capacity of State and local agencies \n to carry out inspections and enforce safety standards in food \n processing establishments, as part of a national strategy and \n plan to provide an adequate level of inspection and achieve \n compliance with safety standards in such establishments.\n ``(5) Make more effective use of the Nation's combined food \n safety resources to reduce the burden of food-borne illness.\n ``(b) Survey.--In preparation for development of the plan required \nby subsection (c), the Secretary shall, not later than 1 year after the \ndate of enactment of the Improving Food-borne Illness Surveillance and \nResponse Act of 2008, complete a survey of State and local capacities, \nand needs for enhancement, with respect to--\n ``(1) staffing levels and expertise available to perform \n food safety functions;\n ``(2) laboratory capacity to support surveillance, outbreak \n response, inspection, and enforcement activities;\n ``(3) information systems to support data management and \n sharing of food safety information among State and local \n agencies and with counterparts at the Federal level;\n ``(4) legal authorities of State and local agencies to \n support the roles of such agencies in a national food safety \n system; and\n ``(5) organizational arrangements for managing and \n coordinating food safety activities.\n ``(c) Plan.--Taking into account the goals established in \nsubsection (a), results from the survey required in subsection (b), and \nconsultations with State and local agencies and other food safety \nstakeholders, the Secretary shall, not later than 2 years after the \ndate of enactment of the Improving Food-borne Illness Surveillance and \nResponse Act of 2008, develop, publish, and begin implementation of a \nplan that includes the following elements:\n ``(1) Criteria for assessing the adequacy of State and \n local capacity to perform food safety functions as part of a \n national food safety system.\n ``(2) Priorities for enhancing the capacity of State and \n local agencies.\n ``(3) Action plans for meeting the highest priority \n capacity needs, including budget requirements and financing \n plans that take into account Federal, State, and local \n resources.\n ``(4) Improved coordination and information flow among \n Federal, State, and local agencies to strengthen food-borne \n illness surveillance, outbreak response, and investigation and \n to ensure that agencies at all levels have the information on \n origins and causes of food-borne illness that such agencies \n need to plan preventive measures.\n ``(5) Integration of the inspection and compliance programs \n in food processing establishments of the Food and Drug \n Administration and State and local agencies, including--\n ``(A) joint planning and priority setting to ensure \n that the collective effort has the greatest possible \n impact on achieving compliance with food safety \n standards and reducing food-borne illness;\n ``(B) elimination of barriers to the free flow of \n information among the Food and Drug Administration and \n State and local agencies with respect to inspection and \n compliance programs and integration of State and \n Federal inspection and laboratory data systems;\n ``(C) steps to expand, and ensure the vigor and \n consistency of, State inspection of processing \n establishments under contract to the Food and Drug \n Administration; and\n ``(D) reliance by the Food and Drug Administration \n on State inspection and food sample analyses in Federal \n enforcement activities.\n ``(d) Food Safety Capacity Building Grants.--\n ``(1) In general.--The Secretary shall make grants to State \n and local agencies to enhance State and local food safety \n capacity and programs and support achievement of the goals \n established in subsection (a). In awarding such grants, the \n Secretary shall take into account the criteria and priorities \n established by the Secretary under subsection (c).\n ``(2) Funding.--There are authorized to be appropriated to \n carry out paragraph (1), $25,000,000 for each of the fiscal \n years 2010, 2011, and 2012.\n ``(e) Report to Congress.--Not later than 1 year after the date of \nenactment of the Improving Food-borne Illness Surveillance and Response \nAct of 2008, and on an annual basis thereafter, the Secretary shall \nsubmit to Congress a report that describes--\n ``(1) progress made in implementing this section, including \n any obstacles to such implementation; and\n ``(2) any legislative recommendations or additional \n resources needed for full implementation.''.","summary":"Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness. And (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise, (2) supporting model practices in states. And (3) developing training curricula on foodborne illness surveillance investigations. Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories. And (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies, (2) survey state and local capacities and enhancement needs. (3) develop a plan addressing food safety functions at state and local levels. And (4) make grants to state and local agencies to enhance food safety capacity and programs.","title":"A bill to provide for enhanced food-borne illness surveillance and food safety capacity.","text_len":16197,"sum_len":1638} {"bill_id":"105_hr1493","text":"SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS \n AWAITING ARRAIGNMENT.\n\n (a) Establishment of Program.--Not later than 6 months after the \ndate of the enactment of this Act, and subject to such amounts as are \nprovided in appropriations Acts, the Attorney General shall establish \nand implement a program to identify, from among the individuals who are \nincarcerated in local governmental incarceration facilities prior to \narraignment on criminal charges, those individuals who are within 1 or \nmore of the following classes of deportable aliens:\n (1) Aliens unlawfully present in the United States.\n (2) Aliens described in paragraph (2) or (4) of section 237(a) \n of the Immigration and Nationality Act (as redesignated by section \n 305(a)(2) of the Illegal Immigration Reform and Immigrant \n Responsibility Act of 1996).\n (b) Description of Program.--The program authorized by subsection \n(a) shall include--\n (1) the detail, to each incarceration facility selected under \n subsection (c), of at least one employee of the Immigration and \n Naturalization Service who has expertise in the identification of \n aliens described in subsection (a); and\n (2) provision of funds sufficient to provide for--\n (A) the detail of such employees to each selected facility \n on a full-time basis, including the portions of the day or \n night when the greatest number of individuals are incarcerated \n prior to arraignment;\n (B) access for such employees to records of the Service and \n other Federal law enforcement agencies that are necessary to \n identify such aliens; and\n (C) in the case of an individual identified as such an \n alien, pre-arraignment reporting to the court regarding the \n Service's intention to remove the alien from the United States.\n (c) Selection of Facilities.--\n (1) In general.--The Attorney General shall select for \n participation in the program each incarceration facility that \n satisfies the following requirements:\n (A) The facility is owned by the government of a local \n political subdivision described in clause (i) or (ii) of \n subparagraph (C).\n (B) Such government has submitted a request for such \n selection to the Attorney General.\n (C) The facility is located--\n (i) in a county that is determined by the Attorney \n General to have a high concentration of aliens described in \n subsection (a); or\n (ii) in a city, town, or other analogous local \n political subdivision, that is determined by the Attorney \n General to have a high concentration of such aliens (but \n only in the case of a facility that is not located in a \n county).\n (D) The facility incarcerates or processes individuals \n prior to their arraignment on criminal charges.\n (2) Number of qualifying subdivisions.--For any fiscal year, \n the total number of local political subdivisions determined under \n clauses (i) and (ii) of paragraph (1)(C) to meet the standard in \n such clauses shall be the following:\n (A) For fiscal year 1999, not less than 10 and not more \n than 25.\n (B) For fiscal year 2000, not less than 25 and not more \n than 50.\n (C) For fiscal year 2001, not more than 75.\n (D) For fiscal year 2002, not more than 100.\n (E) For fiscal year 2003 and subsequent fiscal years, 100, \n or such other number of political subdivisions as may be \n specified in appropriations Acts.\n (3) Facilities in interior states.--For any fiscal year, of the \n local political subdivisions determined under clauses (i) and (ii) \n of paragraph (1)(C) to meet the standard in such clauses, not less \n than 20 percent shall be in States that are not contiguous to a \n land border.\n (4) Treatment of certain facilities.--All of the incarceration \n facilities within the county of Orange, California, and the county \n of Ventura, California, that are owned by the government of a local \n political subdivision, and satisfy the requirements of paragraph \n (1)(D), shall be selected for participation in the program.\n\nSEC. 2. STUDY AND REPORT.\n\n Not later than 1 year after the date of the enactment of this Act, \nthe Attorney General shall complete a study, and submit a report to the \nCongress, concerning the logistical and technological feasibility of \nimplementing the program under section 1 in a greater number of \nlocations than those selected under such section through--\n (1) the assignment of a single Immigration and Naturalization \n Service employee to more than 1 incarceration facility; and\n (2) the development of a system to permit the Attorney General \n to conduct off-site verification, by computer or other electronic \n means, of the immigration status of individuals who are \n incarcerated in local governmental incarceration facilities prior \n to arraignment on criminal charges.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Directs the Attorney General to implement a program to identify aliens held in local incarceration facilities prior to criminal arraignment who are illegally in the United States or who are deportable on criminal or security grounds. Requires that at least one Immigration and Naturalization Service (INS) employee with identification expertise be assigned to each program facility. Directs the Attorney General to select facilities for participation that: (1) are owned by requesting local political subdivisions. (2) are located in counties or subdivisions with high concentrations of illegal or deportable aliens. And (3) incarcerate persons prior to criminal arraignment. States that all local facilities within Orange and Ventura Counties, California, that incarcerate prior to arraignment shall be selected for program participation. Sets forth required numbers of qualifying subdivisions, beginning with FY 1999. Directs the Attorney General to report respecting future program enlargement through: (1) computer or other electronic means of off-site status verification, and (2) multiple facility assignment of INS personnel.","title":"To require the Attorney General to establish a program in local prisons to identify, prior to arraignment, criminal aliens and aliens who are unlawfully present in the United States, and for other purposes.","text_len":5431,"sum_len":1132} {"bill_id":"114_hr4978","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nurturing And Supporting Healthy \nBabies Act'' or as the ``NAS Healthy Babies Act''.\n\nSEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to the Committee on Energy and Commerce of the House of \nRepresentatives and the Committee on Finance and the Committee on \nHealth, Education, Labor and Pensions of the Senate a report on \nneonatal abstinence syndrome (in this section referred to as ``NAS'') \nin the United States.\n (b) Information To Be Included in Report.--Such report shall \ninclude information on the following:\n (1) The prevalence of NAS in the United States, including \n the proportion of children born in the United States with NAS \n who are eligible for medical assistance under State Medicaid \n programs under title XIX of the Social Security Act at birth \n and the costs associated with NAS through such programs.\n (2) The services for which coverage is available under \n State Medicaid programs for treatment of infants with NAS.\n (3) The settings (including inpatient, outpatient, \n hospital-based, and other settings) for the treatment of \n infants with NAS and the reimbursement methodologies and costs \n associated with such treatment in such settings.\n (4) The prevalence of utilization of various care settings \n under State Medicaid programs for treatment of infants with NAS \n and any Federal barriers to treating such infants under such \n programs, particularly in non-hospital-based settings.\n (5) What is known about best practices for treating infants \n with NAS.\n (c) Recommendations.--Such report also shall include such \nrecommendations as the Comptroller General determines appropriate for \nimprovements that will ensure access to treatment for infants with NAS \nunder State Medicaid programs.\n\nSEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS \n FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW \n FORMULATIONS OF PRESCRIPTION DRUGS.\n\n (a) In General.--The last sentence of section 1927(c)(2)(C) of the \nSocial Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by \ninserting before the period at the end the following: ``, but does not \ninclude an abuse-deterrent formulation of the drug (as determined by \nthe Secretary), regardless of whether such abuse-deterrent formulation \nis an extended release formulation''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to drugs that are paid for by a State in calendar quarters \nbeginning on or after the date of the enactment of this Act.\n\nSEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS \n TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND \n ABUSE.\n\n (a) In General.--Title XI of the Social Security Act is amended by \ninserting after section 1128J (42 U.S.C. 1320a-7k) the following new \nsection:\n\n``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS \n TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND \n ABUSE.\n\n ``(a) Reference to Predictive Modeling Technologies Requirements.--\nFor provisions relating to the use of predictive modeling and other \nanalytics technologies to identify and prevent waste, fraud, and abuse \nwith respect to the Medicare program under title XVIII, the Medicaid \nprogram under title XIX, and the Children's Health Insurance Program \nunder title XXI, see section 4241 of the Small Business Jobs Act of \n2010 (42 U.S.C. 1320a-7m).\n ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In \nimplementing such provisions under such section 4241 with respect to \ncovered algorithms (as defined in subsection (c)), the following shall \napply:\n ``(1) Nonapplication of foia.--The covered algorithms used \n or developed for purposes of such section (including by the \n Secretary or a State (or an entity operating under a contract \n with a State)) shall be exempt from disclosure under section \n 552(b)(3) of title 5, United States Code.\n ``(2) Limitation with respect to use and disclosure of \n information by state agencies.--\n ``(A) In general.--A State agency may not use or \n disclose covered algorithms used or developed for \n purposes of such section except for purposes of \n administering the State plan (or a waiver of the plan) \n under the Medicaid program under title XIX or the State \n child health plan (or a waiver of the plan) under the \n Children's Health Insurance Program under title XXI, \n including by enabling an entity operating under a \n contract with a State to assist the State to identify \n or prevent waste, fraud, and abuse with respect to such \n programs.\n ``(B) Information security.--A State agency shall \n have in effect data security and control policies that \n the Secretary finds adequate to ensure the security of \n covered algorithms used or developed for purposes of \n such section 4241 and to ensure that access to such \n information is restricted to authorized persons for \n purposes of authorized uses and disclosures described \n in subparagraph (A).\n ``(C) Procedural requirements.--State agencies to \n which information is disclosed pursuant to such section \n 4241 shall adhere to uniform procedures established by \n the Secretary.\n ``(c) Covered Algorithm Defined.--In this section, the term \n`covered algorithm'--\n ``(1) means a predictive modeling or other analytics \n technology, as used for purposes of section 4241(a) of the \n Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to \n identify and prevent waste, fraud, and abuse with respect to \n the Medicare program under title XVIII, the Medicaid program \n under title XIX, and the Children's Health Insurance Program \n under title XXI; and\n ``(2) includes the mathematical expressions utilized in the \n application of such technology and the means by which such \n technology is developed.''.\n (b) Conforming Amendments.--\n (1) Medicaid state plan requirement.--Section 1902(a) of \n the Social Security Act (42 U.S.C. 1396a(a)) is amended--\n (A) in paragraph (80), by striking ``and'' at the \n end;\n (B) in paragraph (81), by striking the period at \n the end and inserting ``; and''; and\n (C) by inserting after paragraph (81) the following \n new paragraph:\n ``(82) provide that the State agency responsible for \n administering the State plan under this title provides \n assurances to the Secretary that the State agency is in \n compliance with subparagraphs (A), (B), and (C) of section \n 1128K(b)(2).''.\n (2) State child health plan requirement.--Section \n 2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) \n is amended--\n (A) in subparagraph (A), by striking ``, and'' at \n the end and inserting a semicolon;\n (B) in subparagraph (B), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(C) to ensure that the State agency involved is \n in compliance with subparagraphs (A), (B), and (C) of \n section 1128K(b)(2).''.\n\nSEC. 5. MEDICAID IMPROVEMENT FUND.\n\n Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-\n1(b)(1)) is amended to read as follows:\n ``(1) In general.--There shall be available to the Fund, \n for expenditures from the Fund for fiscal year 2021 and \n thereafter, $5,000,000.''.\n\n Passed the House of Representatives May 11, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Nurturing and Supporting Healthy Babies Act or the NAS Healthy Babies Act This bill requires the Government Accountability Office (GAO) to report on neonatal abstinence syndrome (NAS), which results from a newborn's exposure to addictive opiate drugs while in the mother's womb. Specifically, the GAO shall report on: the prevalence of NAS, NAS treatment services for which coverage is available under state Medicaid programs, the settings and associated reimbursement methodologies for NAS treatment, the prevalence of utilization of various care settings under state Medicaid programs for NAS treatment, any federal barriers to treating infants with NAS under state Medicaid programs, and best practices for treating infants with NAS. The GAO shall also report on its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs. The bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. Under current law, the Centers for Medicare amp, Medicaid Services (CMS)nbsp. Must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program. A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.","title":"NAS Healthy Babies Act","text_len":8650,"sum_len":1759} {"bill_id":"114_hr1900","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Sea Grant College Program \nAmendments Act of 2015''.\n\nSEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.\n\n Except as otherwise expressly provided, wherever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the National Sea Grant \nCollege Program Act (33 U.S.C. 1121 et seq.).\n\nSEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.\n\n (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by \nstriking ``may'' and inserting ``shall''.\n (b) Placements in Congress.--Such section is further amended--\n (1) in the first sentence, by striking ``The Secretary'' \n and inserting the following:\n ``(1) In general.--The Secretary''; and\n (2) in paragraph (1), as designated by paragraph (1), in \n the second sentence, by striking ``A fellowship'' and inserting \n the following:\n ``(2) Placement priorities.--\n ``(A) In general.--In each year in which the \n Secretary awards a legislative fellowship under this \n subsection, when considering the placement of fellows, \n the Secretary shall prioritize placement of fellows in \n the following:\n ``(i) Positions in offices of, or with \n members on, committees of Congress that have \n jurisdiction over the National Oceanic and \n Atmospheric Administration.\n ``(ii) Positions in offices of members of \n Congress that have a demonstrated interest in \n ocean, coastal, or Great Lakes resources.\n ``(B) Equitable distribution.--In placing fellows \n in offices described in subparagraph (A), the Secretary \n shall ensure, to the maximum degree practicable, that \n placements are equitably distributed among the \n political parties.\n ``(3) Duration.--A fellowship''.\n (c) Effective Date.--The amendments made by subsection (b) shall \napply with respect to the first calendar year beginning after the date \nof enactment of this Act.\n (d) Sense of Congress Concerning Federal Hiring of Former \nFellows.--It is the sense of Congress that in recognition of the \ncompetitive nature of the fellowship under section 208(b) of the \nNational Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the \nexceptional qualifications of fellowship awardees, the Secretary of \nCommerce, acting through the Under Secretary of Commerce for Oceans and \nAtmosphere, should encourage participating Federal agencies to consider \nopportunities for fellowship awardees at the conclusion of their \nfellowship for workforce positions appropriate for their education and \nexperience.\n\nSEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT \n DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM.\n\n (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is \namended to read as follows:\n ``(E) accept donations of money and, \n notwithstanding section 1342 of title 31, United States \n Code, of voluntary and uncompensated services;''.\n (b) Priorities.--The Secretary of Commerce, acting through the \nUnder Secretary of Commerce for Oceans and Atmosphere, shall establish \npriorities for the use of donations accepted under section 204(c)(4)(E) \nof the National Sea Grant College Program Act (33 U.S.C. \n1123(c)(4)(E)), and shall consider among those priorities the \npossibility of expanding the Dean John A. Knauss Marine Policy \nFellowship's placement of additional fellows in relevant legislative \noffices under section 208(b) of that Act (33 U.S.C. 1127(b)), in \naccordance with the recommendations under subsection (c) of this \nsection.\n (c) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Director of the National Sea Grant College \nProgram, in consultation with the National Sea Grant Advisory Board and \nthe Sea Grant Association, shall--\n (1) develop recommendations for the optimal use of any \n donations accepted under section 204(c)(4)(E) of the National \n Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and\n (2) submit to Congress a report on the recommendations \n developed under paragraph (1).\n (d) Construction.--Nothing in this section shall be construed to \nlimit or otherwise affect any other amounts available for marine policy \nfellowships under section 208(b) of the National Sea Grant College \nProgram Act (33 U.S.C. 1127(b)), including amounts--\n (1) accepted under section 204(c)(4)(F) of that Act (33 \n U.S.C. 1123(c)(4)(F)); or\n (2) appropriated under section 212 of that Act (33 U.S.C. \n 1131).\n\nSEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND \n COASTAL RESEARCH ACTIVITIES.\n\n Section 9 of the National Sea Grant College Program Act Amendments \nof 2002 (33 U.S.C. 857-20) is repealed.\n\nSEC. 6. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY \n BOARD REPORT.\n\n Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--\n (1) in the heading, by striking ``Biennial'' and inserting \n ``Periodic''; and\n (2) in the first sentence, by striking ``The Board shall \n report to the Congress every two years'' and inserting ``Not \n less frequently than once every 3 years, the Board shall submit \n to Congress a report''.\n\nSEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM.\n\n Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter before \nparagraph (1), by inserting ``for research, education, extension, \ntraining, technology transfer, and public service'' after ``financial \nassistance''.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE \n PROGRAM.\n\n (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (E), by striking ``and'' at the \n end;\n (B) in subparagraph (F), by striking the period at \n the end and inserting ``;''; and\n (C) by adding at the end the following:\n ``(G) $72,000,000 for fiscal year 2015;\n ``(H) $75,600,000 for fiscal year 2016;\n ``(I) $79,380,000 for fiscal year 2017;\n ``(J) $83,350,000 for fiscal year 2018;\n ``(K) $87,520,000 for fiscal year 2019;\n ``(L) $91,900,000 for fiscal year 2020; and\n ``(M) $96,500,000 for fiscal year 2021.'';\n (2) in the heading for paragraph (2), by inserting ``for \n fiscal years 2009 through 2014'' after ``Priority activities''; \n and\n (3) by adding at the end the following:\n ``(3) Priority activities for fiscal years 2015 through \n 2020.--In addition to the amounts authorized under paragraph \n (1), there is authorized to be appropriated $6,000,000 for each \n of fiscal years 2015 through 2020 for competitive grants for \n the following:\n ``(A) University research on the biology, \n prevention, and control of aquatic nonnative species.\n ``(B) University research on oyster diseases, \n oyster restoration, and oyster-related human health \n risks.\n ``(C) University research on the biology, \n prevention, and forecasting of harmful algal blooms.\n ``(D) University research, education, training, and \n extension services and activities focused on coastal \n resilience and U.S. working waterfronts and other \n regional or national priority issues identified in the \n strategic plan under section 204(c)(1).\n ``(E) University research on sustainable \n aquaculture techniques and technologies.\n ``(F) Fishery extension activities conducted by sea \n grant colleges or sea grant institutes to enhance, and \n not supplant, existing core program funding.''.\n (b) Modification of Limitations on Amounts for Administration.--\nParagraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read \nas follows:\n ``(1) Administration.--\n ``(A) In general.--There may not be used for \n administration of programs under this title in a fiscal \n year more than 5.5 percent of the lesser of--\n ``(i) the amount authorized to be \n appropriated under this title for the fiscal \n year; or\n ``(ii) the amount appropriated under this \n title for the fiscal year.\n ``(B) Critical staffing requirements.--\n ``(i) In general.--The Director shall use \n the authority under subchapter VI of chapter 33 \n of title 5, United States Code, to meet any \n critical staffing requirement while carrying \n out the activities authorized in this title.\n ``(ii) Exception from cap.--For purposes of \n subparagraph (A), any costs incurred as a \n result of an exercise of authority as described \n in clause (i) shall not be considered an amount \n used for administration of programs under this \n title in a fiscal year.''.\n (c) Allocation of Funding.--\n (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) \n is amended--\n (A) in the matter before subparagraph (A), by \n striking ``With respect to sea grant colleges and sea \n grant institutes'' and inserting ``With respect to sea \n grant colleges, sea grant institutes, sea grant \n programs, and sea grant projects''; and\n (B) in subparagraph (B), in the matter before \n clause (i), by striking ``funding among sea grant \n colleges and sea grant institutes'' and inserting \n ``funding among sea grant colleges, sea grant \n institutes, sea grant programs, and sea grant \n projects''.\n (2) Repeal of requirements concerning distribution of \n excess amounts.--Section 212 (33 U.S.C. 1131) is amended--\n (A) by striking subsection (c); and\n (B) by redesignating subsections (d) and (e) as \n subsections (c) and (d), respectively.\n\nSEC. 9. TECHNICAL CORRECTIONS.\n\n The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) \nis amended--\n (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by \n moving clause (vi) two ems to the right; and\n (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended \n by section 6, in the third sentence, by striking ``The \n Secretary shall'' and inserting the following:\n ``(3) Availability of resources of department of \n commerce.--The Secretary shall''.","summary":"National Sea Grant College Program Amendments Act of 2015 This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program. The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA may give fellowships. Those fellowships support graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. NOAA must give priority placement of those fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA. And (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA must attempt to ensure that placements are equitably distributed among political parties. NOAA must establish priorities for the use of donations given for the National Sea Grant College Program. The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species, (2) oyster diseases, oyster restoration, and oyster-related human health risks, (3) the biology, prevention, and forecasting of harmful algal blooms. And (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant College Program's strategic plan.","title":"National Sea Grant College Program Amendments Act of 2015","text_len":11824,"sum_len":1632} {"bill_id":"110_hr202","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Housing Authority Funding Fairness \nAct of 2007''.\n\nSEC. 2. VOUCHER RENEWAL FUNDING.\n\n Section 8 of the United States Housing Act of 1937 (42 U.S.C. \n1437f) is amended by striking subsection (dd) and inserting the \nfollowing new subsection:\n ``(dd) Tenant-Based Vouchers.--\n ``(1) Authorization of appropriations.--There are \n authorized to be appropriated, for each of fiscal years 2008 \n through 2012, such sums as may be necessary for tenant-based \n assistance under subsection (o) for the following purposes:\n ``(A) To renew all expiring annual contributions \n contracts for tenant-based rental assistance.\n ``(B) To provide tenant-based rental assistance \n for--\n ``(i) relocation and replacement of housing \n units that are demolished or disposed of \n pursuant to the Omnibus Consolidated \n Rescissions and Appropriations Act of 1996 \n (Public Law 104-134);\n ``(ii) conversion of section 23 projects to \n assistance under this section;\n ``(iii) the family unification program \n under subsection (x) of this section;\n ``(iv) relocation of witnesses in \n connection with efforts to combat crime in \n public and assisted housing pursuant to a \n request from a law enforcement or prosecution \n agency;\n ``(v) enhanced vouchers authorized under \n subsection (t) of this section;\n ``(vi) vouchers in connection with the HOPE \n VI program under section 24;\n ``(vii) demolition or disposition of public \n housing units pursuant to section 18 of the \n United States Housing Act of 1937 (42 U.S.C. \n 1437p);\n ``(viii) mandatory and voluntary \n conversions of public housing to vouchers, \n pursuant to sections 33 and 22 of the United \n States Housing Act of 1937, respectively (42 \n U.S.C. 1437z-5, 1437t);\n ``(ix) vouchers necessary to comply with a \n consent decree or court order;\n ``(x) vouchers transferred from another \n public housing agency; and\n ``(xi) tenant protection assistance, \n including replacement and relocation \n assistance.\n ``(2) Allocation of renewal funding among public housing \n agencies.--\n ``(A) From amounts appropriated for each year \n pursuant to paragraph (1)(A), the Secretary shall \n provide renewal funding for each public housing \n agency--\n ``(i) based on leasing and costs from the \n prior year, as adjusted by an annual adjustment \n factor to be established by the Secretary;\n ``(ii) by making any adjustments necessary \n to provide for the first-time renewal of \n vouchers funded under paragraph (1)(B); and\n ``(iii) by making such other adjustments as \n the Secretary considers appropriate.\n ``(B) Leasing and cost data.--For purposes of \n subparagraph (A)(i), leasing and cost data shall be \n calculated not less often than biennially by using the \n average for the calendar year that, at the time of such \n calculation, is the most recently completed calendar \n year for which the Secretary determines data is \n available, substantially verifiable, and complete. Such \n leasing data shall be adjusted to include vouchers that \n were set aside under a commitment to provide project-\n based assistance under subsection (o)(13).\n ``(C) Moving to work.--Notwithstanding \n subparagraphs (A) and (B), each public housing agency \n participating at any time in the moving to work \n demonstration under section 204 of the Departments of \n Veterans Affairs and Housing and Urban Development, and \n Independent Agencies Appropriations Act, 1996 (42 \n U.S.C. 1437f note) or in the Moving to Work program \n under section 36 of this Act shall be funded pursuant \n to its agreement under such program and shall be \n subject to any pro rata adjustment made under \n subparagraph (D).\n ``(D) Pro rata allocation.--\n ``(i) Insufficient funds.--To the extent \n that amounts made available for a fiscal year \n are not sufficient to provide each public \n housing agency with the full allocation for the \n agency determined pursuant to subparagraphs (A) \n and (C), the Secretary shall reduce such \n allocation for each agency on a pro rata basis, \n except that renewal funding of enhanced \n vouchers under section 8(t) shall not be \n subject to such proration.\n ``(ii) Excess funds.--To the extent that \n amounts made available for a fiscal year exceed \n the amount necessary to provide each housing \n agency with the full allocation for the agency \n determined pursuant to subparagraphs (A) and \n (C), such excess amounts shall be used for the \n purposes specified in subparagraphs (B) and (C) \n of paragraph (4).\n ``(3) Advances.--\n ``(A) Authority.--During the last 3 months of each \n calendar year, the Secretary shall provide amounts to \n any public housing agency, at the request of the \n agency, in an amount up to two percent of the \n allocation for the agency for such calendar year.\n ``(B) Use.--Amounts advanced under subparagraph (A) \n may be used to pay for additional voucher costs, \n including costs related to temporary overleasing.\n ``(C) Repayment.--Amounts advanced under \n subparagraph (A) in a calendar year shall be repaid to \n the Secretary in the subsequent calendar year by \n reducing the amounts made available for such agency for \n such subsequent calendar year pursuant to allocation \n under paragraph (2) by an amount equal to the amount so \n advanced to the agency.\n ``(4) Recapture.--\n ``(A) In general.--The Secretary shall recapture, \n from amounts provided under the annual contributions \n contract for a public housing agency for a calendar \n year, all amounts allocated under paragraph (2) that \n are unused by the agency at the end of each calendar \n year.\n ``(B) Reallocation.--Not later than May 1 of each \n calendar year, the Secretary shall--\n ``(i) calculate the aggregate unused \n amounts for the preceding year recaptured \n pursuant to subparagraph (A);\n ``(ii) set aside and make available such \n amounts as the Secretary considers appropriate \n to reimburse public housing agencies for \n increased costs related to portability and \n family self-sufficiency activities during such \n year; and\n ``(iii) reallocate all remaining amounts \n among public housing agencies that, in the \n preceding year, used at least 99 percent of \n amounts allocated under paragraph (2) for the \n agency and leased fewer than the number of \n vouchers authorized for the agency; except that \n the Secretary may establish priority for \n allocation of such amounts to public housing \n agencies that leased fewer vouchers in such \n preceding year than in the 12-month period \n ending April 1, 2004.\n ``(C) Use.--Amounts reallocated to a public housing \n agency pursuant to subparagraph (B)(iii) may be used \n only to increase voucher leasing rates to the level \n authorized for the agency.''.","summary":"Housing Authority Funding Fairness Act of 2007 - Amends the United States Housing Act of 1937 to: (1) repeal tenant-based contract renewals by application of an inflation factor. And (2) authorize FY2008-FY2012 appropriations for tenant-based rental assistance (vouchers). Prescribes requirements for renewal funding for each public housing agency.","title":"To authorize the renewal of tenant-based rental assistance vouchers under section 8 of the United States Housing Act of 1937.","text_len":9585,"sum_len":348} {"bill_id":"104_hr4052","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Assurance for Retired \nEmployees Act of 1996''.\n\nSEC. 2. ADVANCE NOTICE OF MATERIAL REDUCTIONS IN COVERED SERVICES UNDER \n GROUP HEALTH PLANS.\n\n (a) Advance Notice.--\n (1) In general.--Section 104(b)(1) of the Employee \n Retirement Income Security Act of 1974 (as amended by section \n 101(c)(1)(B) of the Health Insurance Portability and \n Accountability Act of 1996 (Public Law 104-191)) is amended--\n (A) by redesignating subparagraphs (A) and (B) as \n clauses (i) and (ii), respectively;\n (B) by striking ``(1) The administrator'' and \n inserting ``(1)(A) The administrator'';\n (C) by striking ``The administrator'' the second \n place it appears and inserting the following:\n ``(B) The administrator'';\n (D) by striking ``If there is a modification'' and \n inserting the following:\n ``(C) If there is a modification''; and\n (E) by adding at the end the following new \n subparagraph:\n ``(D) Notwithstanding subparagraph (C), a modification or change \ndescribed in section 102(a)(1) in covered services or benefits provided \nin the case of a group health plan (as defined in section 706(a)(1))) \nrelating to retiree health benefits, a summary description of such \nmodification or change shall be furnished to participants and \nbeneficiaries not later than 180 days before the effective date of the \nmodification or change. In any case in which an individual first \nbecomes a participant under a group health plan during any such 180-day \nperiod with respect to such a modification or change or (in the case of \nany other beneficiary under the plan) first receives benefits under the \nplan during such 180-day period, the requirements of the preceding \nsentence may be met by providing the summary description of such \nmodification or change not later than the date on which such individual \nfirst becomes a participant or such other beneficiary first receives \nbenefits under the plan.''.\n (2) Determination by Secretary.--Section 104 of the \n Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1024) is further amended by redesignating subsection (d) as \n subsection (e) and by inserting after subsection (c) the \n following new subsection:\n ``(d) A change or modification in covered services or benefits \nprovided in the case of a group health plan relating to retiree health \nbenefits that is subject to the requirements of subsection (b)(1)(D) \nmay not take effect until after the Secretary determines that such \nchange or modification does not violate the plan, including collective \nbargaining agreements.''.\n (3) Advance notice to secretary.--Section 104(a)(1)(D) of \n the Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1024(a)(1)(D)) is amended by inserting before the period the \n following: ``, or in the case of any such modifications and \n changes in covered services or benefits provided in the case of \n a group health plan relating to retiree health benefits, not \n later than 180 days before the effective date of such \n modification or change.''.\n (4) Civil penalty.--Section 502(c)(1) of such Act (29 \n U.S.C. 1132(c)(1)) is amended by striking ``or section \n 101(e)(1)'' and inserting ``, section 101(e)(1), or section \n 104(b)(1)(D)''.\n (b) Enforcement.--\n (1) Requirements.--Section 4980B of the Internal Revenue \n Code of 1986 is amended by redesignating subsection (g) as \n subsection (h) and by inserting after subsection (f) the \n following new subsection:\n ``(g) Notice of change or modification in health benefits.--\n ``(1) In general.--A group health plan meets the \n requirements of this subsection if--\n ``(A) the plan sponsor complies with section \n 104(b)(1)(D) of the Employee Retirement Income Security \n Act of 1974 (relating to providing advance notice of \n modification or change in retiree health benefits \n provided under a group health plan); and\n ``(B) such modification or change in retiree health \n benefits in a group health plan takes effect after the \n Secretary of Labor makes the determination required by \n section 104(d) of such Act that such change or \n modification does not violate the plan, including \n collective bargaining agreements.\n ``(2) Noncompliance period.--For the purposes of subsection \n (b), the noncompliance period with respect to this subsection \n shall be determined without regard to paragraph (2)(B)(ii) of \n subsection (b).''.\n (2) Conforming amendments.--\n (A) Subsection (a) of section 4980B of such Code is \n amended by striking ``subsection (f)'' and inserting \n ``subsections (f) and (g)''.\n (B) Clause (iv)(II) of section 4980B(f)(2)(B) of \n such Code is amended by striking ``subsection \n (g)(1)(D)'' and inserting ``subsection (h)(1)(D)''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to plan years ending after August 1, 1996.\n\nSEC. 3. CONTINUATION OF COVERAGE FOR PERSONS 55 AND OLDER UNTIL \n ELIGIBLE FOR MEDICARE.\n\n (a) In General.--Section 4980B(f)(2) of the Internal Revenue Code \nof 1986 is amended by adding at the end the following:\n ``(F) Coverage for persons 55 and older until \n eligible for medicare.--In the case of a covered \n employee who has attained the age of 55 before a \n qualifying event described in paragraph (3)(B)--\n ``(i) in no event shall the period of \n continued coverage under subparagraph (B)(i) \n with respect to such event end before the \n applicable date under subparagraph (B)(iv), and\n ``(ii) the premium requirements for any \n period of continuation of coverage solely be \n reason of clause (i) shall be determined by \n substituting `110 percent' for `102 percent' in \n subparagraph (C)(i), unless the last sentence \n of subparagraph (C) otherwise applies.''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to plan years ending after August 1, 1996.\n\nSEC. 4. PROTECTIONS UNDER THE MEDICARE PROGRAM FOR RETIRED WORKERS WHO \n LOSE RETIREE HEALTH BENEFITS.\n\n (a) No Premium Penalty for Late Enrollment.--The second sentence of \nsection 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is \namended by inserting ``and not pursuant to a special enrollment period \nunder section 1837(i)(4)'' after ``section 1837)''.\n (b) Special Medicare Enrollment Period.--\n (1) In general.--Section 1837(i) of such Act (42 U.S.C. \n 1395p(i)) is amended by adding at the end the following new \n paragraph:\n ``(4)(A) In the case of an individual who--\n ``(i) at the time the individual first satisfies paragraph \n (1) or (2) of section 1836--\n ``(I) is enrolled in a group health plan described \n in section 1862(b)(1)(A)(v) by reason of the \n individual's (or the individual's spouse's) current \n employment or otherwise, and\n ``(II) has elected not to enroll (or to be deemed \n enrolled) under this section during the individual's \n initial enrollment period; and\n ``(ii) whose continuous enrollment under such group health \n plan is involuntarily terminated at a time when the enrollment \n under the plan is not by reason of the individual's (or the \n individual's spouse's) current employment,\nthere shall be a special enrollment period described in subparagraph \n(B).\n ``(B) The special enrollment period referred to in subparagraph (A) \nis the 6-month period beginning on the date of the enrollment \ntermination described in subparagraph (A)(ii).''.\n (2) Coverage period.--Section 1838(e) of such Act (42 \n U.S.C. 1395q(e)) is amended--\n (A) by inserting ``or 1837(i)(4)(B)'' after \n ``1837(i)(3)'' the first place it appears, and\n (B) by inserting ``or specified in section \n 1837(i)(4)(A)(i)'' after ``1837(i)(3)'' the second \n place it appears''.\n (c) Providing for Medigap Open Enrollment Period.--Section \n1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended--\n (1) by inserting ``(i)'' after ``during'', and\n (2) by inserting before the period at the end the \n following: ``or (ii) in the case of an individual who enrolls \n in part B pursuant to a special enrollment period provided \n under section 1837(i)(4), the 6-month period beginning with the \n first month as of the first day of which the individual is \n enrolled under part B pursuant to such enrollment''.\n (d) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by this section shall take effect on the date of the \n enactment of this Act and apply to involuntary terminations of \n coverage under a group health plan occurring on or after August \n 1, 1996.\n (2) Transition.--In the case of an involuntary termination \n of coverage under a group health plan that occurred during the \n period beginning on August 1, 1996, and ending on the date of \n the enactment of this Act, the special enrollment period under \n section 1837(i)(4)(B) of the Social Security Act (as amended by \n subsection (b)) is deemed to begin as of the date of the \n enactment of this Act.","summary":"Health Care Assurance for Retired Employees Act of 1996 - Amends the Employee Retirement Income Security Act of 1974, as amended by the Health Insurance Portability and Accountability Act of 1996, to require advance notice to participants and the Secretary of Labor of material reductions in group health plan covered services. Prohibits any such change from taking effect until the Secretary determines that it does not violate the plan, including collective bargaining agreements. Amends the Internal Revenue Code to require qualified pension plans to provide qualifying persons 55 years of age or older a coverage continuation option until they are eligible for Medicare. Amends title XVIII (Medicare) of the Social Security Act to provide retired workers who lose their retiree health benefits with specified Medicare enrollment and coverage protections.","title":"Health Care Assurance for Retired Employees Act of 1996","text_len":10379,"sum_len":858} {"bill_id":"106_hr3207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Superfund Research, Development, and \nDemonstration Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The Superfund Innovative Treatment and Evaluation \n (SITE) program carried out under the authority of section \n 311(b) of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 has helped private \n sector developers to market innovative Superfund clean-up \n treatment technologies for more than 10 years.\n (2) Technologies demonstrated and evaluated through the \n SITE program have been successfully deployed at many Superfund \n and Resource Conservation and Recovery Act sites, resulting in \n significant cost savings and faster remediation of those sites.\n (3) The Environmental Protection Agency's Science Advisory \n Board has found that SITE program accomplishments have been \n ``impressive'' and that ``the need for improved technology to \n prevent, reduce, or remediate environmental contamination \n remains a national priority''.\n (4) The University Hazardous Substance Research Centers \n authorized under the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 have played an \n important role in conducting basic research, developing \n innovative clean-up technologies, and providing invaluable \n technical assistance to communities.\n (5) The SITE program and related hazardous substance \n research program should be reauthorized with an emphasis on \n meeting the emerging technical and scientific challenges \n presented by the use of remediated sites (including \n brownfields), developing technologies to address remediation at \n remaining sites with complex contamination characteristics, and \n transferring technology and technical capabilities to a wider \n variety of remediation needs.\n\nSEC. 3. AMENDMENTS.\n\n (a) Section 111(n) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9611(n)) is \namended--\n (1) in paragraph (1) by striking ``1987, 1988, 1989, 1990, \n 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, \n 2003, and 2004'';\n (2) by amending paragraph (2) to read as follows:\n ``(2) Section 311(a).--For each of the fiscal years 2000, \n 2001, 2002, 2003, and 2004, not more than $35,000,000 of the \n amounts available in the Fund may be used for the purposes of \n section 311(a). Not more than 10 percent of such amounts may be \n used for training under section 311(a) in any fiscal year.''; \n and\n (3) in paragraph (3) by striking ``1987, 1988, 1989, 1990, \n 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, \n 2003, and 2004''.\n (b) Section 311(a) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) is amended \nby striking paragraph (6).\n (c) Section 311(b) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9660(b) is amended--\n (1) in paragraph (4) by striking ``Each such project'' and \n inserting ``The Administrator may enter into agreements with \n persons, public entities (including the Department of Defense, \n the Department of Energy, and other Federal agencies), and \n nonprofit private entities, to arrange for the use of other \n sites appropriate for carrying out hazardous substances \n research, testing, evaluation, development, and demonstration \n projects. Each project under this paragraph'';\n (2) in paragraph (5)(B) by inserting ``or other appropriate \n sites'' after ``section 104'';\n (3) in paragraph (5)(E) by striking ``10 sites at which a \n response may be undertaken under section 104'' and insert in \n lieu thereof ``suitable sites'';\n (4) by striking paragraph (6); and\n (5) in paragraph (8)--\n (A) by inserting after the first sentence the \n following: ``As part of such technology transfer \n program, the Administrator shall strive to enter into \n agreements with the Department of Defense, the \n Department of Energy, and other Federal agencies to \n ensure the effective transfer to those agencies and \n their contractors of technologies potentially \n applicable to remediation or containment of hazardous \n substances at sites owned or operated by such \n agencies.''; and\n (B) by striking ``for such information'' and \n inserting ``for information collected under this \n paragraph''.\n (d) Section 311(d) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9660(d)) is \namended--\n (1) by striking the last sentence of paragraph (1);\n (2) by amending paragraph (2) to read as follows:\n ``(2) Responsibilities of centers.--The responsibilities of \n each hazardous substance research center established under this \n subsection shall include, but not be limited to, the conduct of \n research and training, and the provision of technical \n assistance and technology transfer to local, State, and \n regional entities, relating to the manufacture, use, \n transportation, disposal, treatment, effects, detection, \n characterization, and management of hazardous substances, and \n publication and dissemination of information related \n thereto.'';\n (3) in paragraph (7) by inserting ``or the acquisition, \n expansion, remodeling, or alteration of an existing building \n (including site grading and improvement and architect fees)'' \n after ``any building''; and\n (4) by adding at the end the following new paragraph:\n ``(11) Funding levels.--Subject to the availability of \n appropriations, the Administrator shall maintain funding for \n each hazardous substance research center established under this \n subsection at a level not less than that funded in fiscal year \n 1999 until such time as the Administrator completes the next \n competitive selection process for the centers.''.","summary":"Authorizes the Administrator of the Environmental Protection Agency to enter into agreements to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects.","title":"Superfund Research, Development, and Demonstration Act of 1999","text_len":6647,"sum_len":252} {"bill_id":"111_s1669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equal Access to Medicare Options Act \nof 2009''.\n\nSEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE \n BENEFICIARIES.\n\n (a) In General.--Section 1882(s) of the Social Security Act (42 \nU.S.C. 1395ss(s)) is amended--\n (1) in paragraph (2)(A), by striking ``65 years of age or \n older and is enrolled for benefits under part B'' and inserting \n ``entitled to, or enrolled for, benefits under part A and \n enrolled for benefits under part B'';\n (2) in paragraph (2)(D), by striking ``who is 65 years of \n age or older as of the date of issuance and''; and\n (3) in paragraph (3)(B)(vi), by striking ``at age 65''.\n (b) Phase-In Authority.--\n (1) In general.--Subject to paragraph (2), the Secretary of \n Health and Human Services may phase in the implementation of \n the amendments made under subsection (a) in such manner as the \n Secretary determines appropriate to minimize any adverse impact \n on individuals enrolled under a Medicare supplemental policy \n prior to the effective date of this Act.\n (2) Limit.--The phase-in period under paragraph (1) shall \n not exceed 5 years.\n (c) Separate Premium Class.--\n (1) In general.--Subject to paragraph (2), any individuals \n enrolled under a Medicare supplemental policy pursuant to the \n amendments made under subsection (a) shall be classified by the \n issuer as part of a separate premium class.\n (2) Limit.--The provision in paragraph (1) shall apply to \n individuals that enroll under a Medicare supplemental policy \n prior to January 1, 2015.\n (d) Additional Enrollment Period for Certain Individuals.--\n (1) One-time enrollment period.--\n (A) In general.--In the case of an individual \n described in paragraph (2), the Secretary shall \n establish a one-time enrollment period during which \n such an individual may enroll in any Medicare \n supplemental policy of the individual's choosing.\n (B) Period.--The enrollment period established \n under subparagraph (A) shall begin on the date on which \n the phase-in period under subsection (b) is completed \n and end 6 months after such date.\n (2) Individual described.--An individual described in this \n paragraph is an individual who--\n (A) is entitled to hospital insurance benefits \n under part A under section 226(b) or section 226A of \n the Social Security Act (42 U.S.C. 426(b); 426-1);\n (B) is enrolled for benefits under part B of such \n Act (42 U.S.C. 1395j et seq.); and\n (C) would not, but for the provisions of and \n amendments made by this section, be eligible for the \n guaranteed issue of a Medicare supplemental policy \n under section 1882(s)(2) of such Act (42 U.S.C. \n 1395ss(s)(2)).\n (3) Outreach plan.--The Secretary shall develop an outreach \n plan to notify individuals described in paragraph (2) of the \n one-time enrollment period established under paragraph (1).\n\nSEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND \n MEDICAID ENROLLEES.\n\n (a) In General.--Section 1882(s)(3) of the Social Security Act (42 \nU.S.C. 1395ss(s)(3)), as amended by section 2, is amended--\n (1) in subparagraph (B), by adding at the end the following \n new clauses:\n ``(vii) The individual was enrolled in a Medicare Advantage \n plan under part C for not less than 12 months and subsequently \n disenrolled from such plan and elects to receive benefits under \n this title through the original Medicare fee-for-service \n program under parts A and B.\n ``(viii) The individual--\n ``(I) is entitled to, or enrolled for, benefits \n under part A and enrolled for benefits under part B;\n ``(II) was eligible for medical assistance under a \n State plan or waiver under title XIX and was enrolled \n in such plan or waiver; and\n ``(III) subsequently lost eligibility for such \n medical assistance.''; and\n (2) by striking subparagraph (C)(iii) and inserting the \n following:\n ``(iii) Subject to subsection (v)(1), for purposes of an \n individual described in clause (vi), (vii), or (viii) of \n subparagraph (B), a Medicare supplemental policy described in \n this subparagraph shall include any Medicare supplemental \n policy.''.\n (3) in subparagraph (E)--\n (A) in clause (iv), by striking ``and'' at the end;\n (B) in clause (v), by striking the period at the \n end and inserting a semicolon; and\n (C) by adding at the end the following new clauses:\n ``(vi) in the case of an individual described in \n subparagraph (B)(vii), the annual, coordinated election period \n (as defined in section 1851(e)(3)(B)) or a continuous open \n enrollment period (as defined in section 1851(e)(2)) during \n which the individual disenrolls from a Medicare Advantage plan \n under part C; and\n ``(vii) in the case of an individual described in \n subparagraph (B)(viii), the period beginning on the date that \n the individual receives a notice of cessation of such \n individual's eligibility for medical assistance under the State \n plan or waiver under title XIX and ending on the date that is \n 123 days after the individual receives such notice.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to Medicare supplemental policies effective on or after January \n1, 2010.\n\nSEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN \n MEDICARE ADVANTAGE.\n\n (a) In General.--Section 1851(a) of the Social Security Act (42 \nU.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting \nthe following:\n ``(3) Medicare+Choice Eligible Individual.--In this title, the term \n`Medicare+Choice eligible individual' means an individual who is \nentitled to benefits under part A and enrolled under part B.''.\n (b) Conforming Amendments.--\n (1) Section 1852(b) of the Social Security Act (42 U.S.C. \n 1395w-22(b)) is amended by striking paragraph (1) and inserting \n the following:\n ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, \nlimit, or condition the coverage or provision of benefits under this \npart, for individuals permitted to be enrolled with the organization \nunder this part, based on any health status-related factor described in \nsection 2702(a)(1) of the Public Health Service Act. The Secretary \nshall not approve a plan of an organization if the Secretary determines \nthat the design of the plan and its benefits are likely to \nsubstantially discourage enrollment by certain MA eligible individuals \nwith the organization.''.\n (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-\n 28(b)(6)(B)) is amended in the second sentence by striking \n ``may waive application of section 1851(a)(3)(B) in the case of \n an individual described in clause (i), (ii), or (iii) of this \n subparagraph and''.\n (c) Effective Date.--The amendments made by this section shall \napply to plan years beginning on or after January 1, 2010.","summary":"Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy. Amends part C (MedicareChoice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage.","title":"A bill to provide all Medicare beneficiaries with the right to guaranteed issue of a Medicare supplemental policy.","text_len":7840,"sum_len":482} {"bill_id":"114_s1650","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Health Documentation and \nProgram Improvement Act of 2015''.\n\nSEC. 2. DEVELOPMENT OF A SINGLE FORM OR DOCUMENT TO SATISFY THE HOME \n HEALTH CERTIFICATION REQUIREMENT.\n\n (a) Part A.--Section 1814 of the Social Security Act (42 U.S.C. \n1395f) is amended--\n (1) in subsection (a)(2)(C), by striking ``has had a face-\n to-face encounter'' and inserting ``has, subject to subsection \n (m), had a face-to-face encounter''; and\n (2) by adding at the end the following new subsection:\n ``(m) Implementation of Requirement for Certification for Home \nHealth Services.--\n ``(1) In general.--The Secretary shall develop a single \n form or document to be used by a physician to satisfy the \n documentation requirements necessary to fulfill the requirement \n of a face-to-face encounter and other criteria for home health \n eligibility under subsection (a)(2)(C) (otherwise known as the \n certification for home health services).\n ``(2) Stakeholder input.--In developing the form or \n document under paragraph (1), the Secretary shall seek input \n from stakeholders, including physicians and other non-physician \n providers (such as nurse practitioners or clinical nurse \n specialists (as those terms are defined in section \n 1861(aa)(5))), home health agencies, hospitals, patients or \n representatives of patients, and other entities (such as \n electronic medical record vendors) the Secretary determines \n appropriate. The Secretary shall provide the opportunity for \n such stakeholders to offer input on the form or document during \n its initial development as well as the opportunity to make \n comments on a proposed version prior to its finalization. The \n Secretary shall also set up a process to educate physicians and \n non-physicians on how to appropriately fulfill the requirements \n related to the form or document in this section prior to \n implementation.\n ``(3) Content of form.--The Secretary shall accept the \n following content as documentation of an individual's \n eligibility for home health services:\n ``(A) With respect to the face-to-face encounter \n requirement, the date of the encounter.\n ``(B) With respect to homebound status, a statement \n that provides the clinical basis for why the individual \n is determined to be confined to the home.\n ``(C) With respect to the need for skilled \n services, a selection, via checkbox, of the types of \n skilled services required by the individual and a \n statement with the clinical basis for each type of \n skilled service ordered.\n ``(4) Deemed satisfaction of requirements.--The Secretary \n shall, through guidance, allow the requirement for \n documentation of a face-to-face encounter and other criteria \n for home health eligibility under subsection (a)(2)(C) to be \n deemed satisfied with respect to an individual if a home health \n agency completes the form or document under paragraph (1) and \n the ordering physician signs or attests to the contents of the \n form or document.\n ``(5) Exception to face-to-face encounter requirement.--The \n Secretary shall waive the requirement for a face-to-face \n encounter under subsection (a)(2)(C) related to home health \n services provided to an individual if the individual has been \n discharged from a hospital (including from the emergency \n department) or skilled nursing facility within 14 days prior to \n the initiation of such home health services.\n ``(6) Guidance to contractors.--\n ``(A) In general.--The Secretary shall provide \n notification, guidance, and education regarding the \n application of the form or document under paragraph (1) \n as it pertains to satisfying the documentation \n requirements for home health services under subsection \n (a)(2)(C) to medicare administrative contractors (as \n defined in section 1874A), recovery audit contractors \n (as defined in section 1893(h)), and any other entity \n which the Secretary determines appropriate.\n ``(B) National applicability.--The Secretary shall \n ensure that all medicare administrative contractors, \n recovery audit contractors, and any other entity which \n the Secretary determines appropriate apply the guidance \n under this paragraph in a nationally consistent and \n uniform manner and that all audit activities, policies, \n and practices regarding documentation for home health \n services are likewise applied in a nationally \n consistent and uniform manner.\n ``(C) Study.--Not later than 18 months after the \n date of the enactment of this paragraph, the Secretary \n shall submit to Congress a report on--\n ``(i) the adherence of medicare \n administrative contractors, recovery audit \n contractors, and any other entity which the \n Secretary determines appropriate to nationally \n consistent and uniform audit activities, \n policies, and practices as described in \n subparagraph (B); and\n ``(ii) the rate of appeals for denial of \n payment based solely on the face-to-face \n encounter requirements for home health services \n under this section and the rate of such appeals \n that are ultimately successful.''.\n (b) Part B.--Section 1835 of the Social Security Act (42 U.S.C. \n1395n) is amended--\n (1) in subsection (a)(2)(A), by striking ``has had a face-\n to-face encounter'' and inserting ``has, subject to subsection \n (f), had a face-to-face encounter''; and\n (2) by adding at the end the following new subsection:\n ``(f) Application of Documentation, Guidance, and Treatment of \nCertain Home Health Claims Provisions Under Part A.--The provisions of \nsection 1814(m) shall apply with respect to the application of \ndocumentation requirements for home health services under subsection \n(a)(2)(A) in the same manner as such provisions apply with respect to \nthe application of the documentation requirements for home health \nservices under section 1814(a)(2)(C).''.\n\nSEC. 3. EFFECTIVE DATE; TREATMENT OF CERTAIN HOME HEALTH CLAIMS.\n\n (a) Effective Date.--The amendments made by section 2 shall apply \nwith respect to home health services furnished on or after October 1, \n2016.\n (b) Treatment of Certain Home Health Claims.--\n (1) Denied claims.--\n (A) In general.--Not later than 12 months after the \n date of the enactment of this Act, the Secretary of \n Health and Human Services shall--\n (i) through guidance, develop and implement \n processes to open and review claims that were \n denied on or after January 1, 2011, and before \n the date of the enactment of this Act, due \n solely to the face-to-face documentation \n requirements under section 1814(a)(2)(C) of the \n Social Security Act (42 U.S.C. 1395f(a)(2)(C)) \n or section 1835(a)(2)(A) of such Act (42 U.S.C. \n 1395f(a)(2)(A)); and\n (ii) issue revised decisions of such \n denials as if the narrative requirements of \n section 424.22(v) of title 42, Code of Federal \n Regulations, did not apply at the time such \n services were furnished.\n (B) Settlement agreements for denied claims.--In \n addition to the processes under subparagraph (A), not \n later than 60 days after the date of the enactment of \n this Act, the Secretary shall establish a voluntary \n process for home health agencies to enter into a \n settlement agreement with the Secretary of Health and \n Human Services in lieu of reprocessing claims for \n payment which are required to be paid by reason of \n subparagraph (A)(ii).\n (2) Other claims.--In the case of a claim for home health \n services furnished on or after January 1, 2011, and before \n October 1, 2016, that is not described in paragraph (1)(A), \n such claim shall be determined and processed as if the \n narrative requirements of section 424.22(v) of title 42, Code \n of Federal Regulations, did not apply at the time such services \n were furnished.","summary":"Home Health Documentation and Program Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to: develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility. And notify and provide guidance and education to Medicare administrative contractors, recovery audit contractors, and any other appropriate entity regarding application of the form or document to such documentation requirements. HHS shall also: develop and implement processes to open and review claims denied on or after January 1, 2011, and before enactment of this Act, due solely to the face-to-face documentation requirements. Issue revised decisions of such denials as if the requirements of related regulations did not apply at the time such services were furnished. And establish a voluntary process for home health agencies to enter into a settlement agreement with HHS in lieu of reprocessing claims whose payment this bill now requires.","title":"Home Health Documentation and Program Improvement Act of 2015","text_len":9458,"sum_len":1155} {"bill_id":"105_s1281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Indian Employment and Training \nImprovement Act of 1997''.\n\nSEC. 2. PLAN REVIEW.\n\n The third sentence of section 7 of the Indian Employment, Training \nand Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is \namended by striking ``shall have the authority to waive any'' and \ninserting ``shall waive any statutory requirement,''.\n\nSEC. 3. PLAN APPROVAL.\n\n Section 8 of the Indian Employment, Training and Related Services \nDemonstration Act of 1992 (25 U.S.C. 3407) is amended--\n (1) in the first sentence, by inserting before the period \n at the end the following: ``(including any request for a waiver \n that is made as part of the plan submitted by the tribal \n government)''; and\n (2) in the second sentence, by inserting before the period \n at the end the following: ``, including reconsidering the \n disapproval of any waiver requested by the Indian tribe''.\n\nSEC. 4. JOB CREATION ACTIVITIES.\n\n Section 9 of the Indian Employment, Training and Related Services \nDemonstration Act of 1992 (25 U.S.C. 3408) is amended--\n (1) by inserting ``(a) In General.--'' before ``The plan \n submitted''; and\n (2) by adding at the end the following:\n ``(b) Employment Opportunities.--\n ``(1) In general.--Notwithstanding any other provision of \n law, including any requirement of a program that is integrated \n under a plan under this Act, a tribal government may use a \n percentage of the funds made available under this Act (as \n determined under paragraph (2)) for the creation of employment \n opportunities, including providing private sector training \n placement under section 10.\n ``(2) Determination of percentage.--The percentage of funds \n that a tribal government may use under this subsection is the \n greater of--\n ``(A) the rate of unemployment in the area subject \n to the jurisdiction of the tribal government; or\n ``(B) 10 percent.''.\n\nSEC. 5. FEDERAL RESPONSIBILITIES.\n\n (a) In General.--Section 11(a) of the Indian Employment, Training \nand Related Services Demonstration Act of 1992 (25 U.S.C. 3410(a)) is \namended--\n (1) in the matter preceding paragraph (1), by striking \n ``Bureau of Indian Affairs'' and inserting ``Office of Self-\n Governance of the Department of the Interior'';\n (2) in paragraph (4), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(5) ensuring an orderly transition with respect to the \n administration of the programs integrated under the project in \n such manner as to eliminate any potential adverse effects of \n the project on any Indian tribe that--\n ``(A) has entered into a self-determination \n contract (as that term is defined in section 4(j) of \n the Indian Self-Determination and Education Assistance \n Act (25 U.S.C. 450b(j))); or\n ``(B) receives funding under this Act.''.\n (b) Personnel.--In carrying out the amendment made by subsection \n(a)(1), the Secretary of the Interior shall transfer from the Bureau of \nIndian Affairs to the Office of Self-Governance of the Department of \nthe Interior such personnel and resources as the Secretary determines \nto be appropriate.\n\nSEC. 6. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ECONOMIC \n DEVELOPMENT PROGRAMS.\n\n Section 18 of the Indian Employment, Training and Related Services \nDemonstration Act of 1992 (25 U.S.C. 3417) is amended--\n (1) by striking the section heading and inserting the \n following:\n\n``SEC. 18. ASSIGNMENT OF FEDERAL PERSONNEL TO INDIAN ECONOMIC \n DEVELOPMENT PROGRAMS.'';\n\n and\n (2) by inserting ``or Indian tribe'' after ``State'' each \n place it appears.\n\nSEC. 7. CONSOLIDATED ADVISORY COMMITTEES.\n\n The Indian Employment, Training and Related Services Demonstration \nAct of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE.\n\n ``(a) In General.--The head of each Federal agency specified in \nsection 4 that otherwise has jurisdiction over a program that is \nintegrated under this Act (in accordance with a plan under section 6) \nshall permit a tribal government that carries out that plan to \nestablish a consolidated advisory committee to carry out the duties of \neach advisory committee that would otherwise be required under \napplicable law (including any council or commission relating to private \nindustry) to carry out the programs integrated under the plan.\n ``(b) Waivers.--As necessary to carry out paragraph (1), each \nagency head referred to in that paragraph shall waive any statutory \nrequirement, regulation, or policy requiring the establishment of an \nadvisory committee (including any advisory commission or council).''.\n\nSEC. 8. ALASKA REGIONAL CONSORTIA.\n\n The Indian Employment, Training and Related Services Demonstration \nAct of 1992 (25 U.S.C. 3401 et seq.), as amended by section 7 of this \nAct, is further amended by adding at the end the following:\n\n``SEC. 20. ALASKA REGIONAL CONSORTIA.\n\n ``(a) In General.--Notwithstanding any other provision of law, \nsubject to subsection (b), the Secretary shall permit a regional \nconsortium of Alaska Native villages or regional or village \ncorporations (as defined in or established under the Alaska Native \nClaims Settlement Act (43 U.S.C. 1601 et seq.)) to carry out a project \nunder a plan that meets the requirements of this Act through a \nresolution adopted by the governing body of each such entity.\n ``(b) Withdrawal.--Nothing in subsection (a) is intended to \nprohibit an Alaska Native village or regional or village corporation \nfrom withdrawing from participation in any portion of a program \nconducted pursuant to that subsection at any time after the plan for \nthe program is implemented.''.","summary":"Indian Employment and Training Improvement Act of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) allow Indian tribal governments to use a specified percentage of the funds made available under the Act for the creation of employment opportunities, including providing private sector training placement. (2) transfer lead agency responsibility for demonstration projects from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior. And (3) revise the requirement regarding the assignment of Federal personnel to State Indian economic development programs to provide for Federal personnel assignments to Indian tribes with such programs. Sets forth requirements concerning: (1) Indian tribal government consolidated advisory committees, and (2) Alaska regional consortia.","title":"Indian Employment and Training Improvement Act of 1997","text_len":6183,"sum_len":883} {"bill_id":"113_hr2019","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Gabriella Miller Kids First Research \nAct''.\nSEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY \nCONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE.\n (a) Termination of Payments for Conventions; Use of Funds for \nPediatric Research.--Section 9008 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(i) Termination of Payments for Conventions; Use of Amounts for \nPediatric Research Initiative.--Effective on the date of the enactment \nof the Gabriella Miller Kids First Research Act--\n ``(1) the entitlement of any major party or minor party to a \n payment under this section shall terminate; and\n ``(2) all amounts in each account maintained for the national \n committee of a major party or minor party under this section shall \n be transferred to a fund in the Treasury to be known as the `10-\n Year Pediatric Research Initiative Fund', which shall be available \n only for the purpose provided in section 402A(a)(2) of the Public \n Health Service Act, and only to the extent and in such amounts as \n are provided in advance in appropriation Acts.''.\n (b) Continuation of Priority of Payments From Accounts Over \nPayments to Candidates.--\n (1) Availability of payments to candidates.--The third sentence \n of section 9006(c) of such Code is amended by striking ``section \n 9008(b)(3),'' and inserting ``section 9008(i)(2),''.\n (2) Availability of payments from presidential primary matching \n payment account.--The second sentence of section 9037(a) of such \n Code is amended by striking ``section 9008(b)(3)'' and inserting \n ``section 9008(i)(2)''.\n (c) Conforming Amendments.--\n (1) Elimination of reports by federal election commission.--\n Section 9009(a) of such Code is amended--\n (A) by adding ``and'' at the end of paragraph (2);\n (B) by striking the semicolon at the end of paragraph (3) \n and inserting a period; and\n (C) by striking paragraphs (4), (5), and (6).\n (2) Elimination of penalties.--Section 9012 of such Code is \n amended--\n (A) in subsection (a)(1), by striking the second sentence;\n (B) in subsection (c), by striking paragraph (2) and \n redesignating paragraph (3) as paragraph (2);\n (C) in subsection (e)(1), by striking the second sentence; \n and\n (D) in subsection (e)(3), by striking ``, or in connection \n with any expense incurred by the national committee of a major \n party or minor party with respect to a presidential nominating \n convention''.\nSEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.\n (a) Allocation of NIH Funds in Common Fund for Pediatric \nResearch.--Paragraph (7) of section 402(b) of the Public Health Service \nAct (42 U.S.C. 282(b)) is amended to read as follows:\n ``(7)(A) shall, through the Division of Program Coordination, \n Planning, and Strategic Initiatives--\n ``(i) identify research that represents important areas of \n emerging scientific opportunities, rising public health \n challenges, or knowledge gaps that deserve special emphasis and \n would benefit from conducting or supporting additional research \n that involves collaboration between 2 or more national research \n institutes or national centers, or would otherwise benefit from \n strategic coordination and planning;\n ``(ii) include information on such research in reports \n under section 403; and\n ``(iii) in the case of such research supported with funds \n referred to in subparagraph (B)--\n ``(I) require as appropriate that proposals include \n milestones and goals for the research;\n ``(II) require that the proposals include timeframes \n for funding of the research; and\n ``(III) ensure appropriate consideration of proposals \n for which the principal investigator is an individual who \n has not previously served as the principal investigator of \n research conducted or supported by the National Institutes \n of Health;\n ``(B)(i) may, with respect to funds reserved under section \n 402A(c)(1) for the Common Fund, allocate such funds to the national \n research institutes and national centers for conducting and \n supporting research that is identified under subparagraph (A); and\n ``(ii) shall, with respect to funds appropriated to the Common \n Fund pursuant to section 402A(a)(2), allocate such funds to the \n national research institutes and national centers for making grants \n for pediatric research that is identified under subparagraph (A); \n and\n ``(C) may assign additional functions to the Division in \n support of responsibilities identified in subparagraph (A), as \n determined appropriate by the Director;''.\n (b) Funding for 10-Year Pediatric Research Initiative.--Section \n402A of the Public Health Service Act (42 U.S.C. 282a) is amended--\n (1) in subsection (a)--\n (A) by redesignating paragraphs (1) through (3) as \n subparagraphs (A) through (C), respectively, and moving the \n indentation of each such subparagraph 2 ems to the right;\n (B) by striking ``For purposes of carrying out this title'' \n and inserting the following:\n ``(1) This title.--For purposes of carrying out this title''; \n and\n (C) by adding at the end the following:\n ``(2) Funding for 10-year pediatric research initiative through \n common fund.--For the purpose of carrying out section \n 402(b)(7)(B)(ii), there is authorized to be appropriated to the \n Common Fund, out of the 10-Year Pediatric Research Initiative Fund \n described in section 9008 of the Internal Revenue Code of 1986, and \n in addition to amounts otherwise made available under paragraph (1) \n of this subsection and reserved under subsection (c)(1)(B)(i) of \n this section, $12,600,000 for each of fiscal years 2014 through \n 2023.''; and\n (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking \n ``subsection (a)'' each place it appears and inserting ``subsection \n (a)(1)''.\n (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds \nappropriated pursuant to section 402A(a)(2) of the Public Health \nService Act, as added by subsection (b)--\n (1) shall be used to supplement, not supplant, the funds \n otherwise allocated by the National Institutes of Health for \n pediatric research; and\n (2) notwithstanding any transfer authority in any appropriation \n Act, shall not be used for any purpose other than allocating funds \n for making grants as described in section 402(b)(7)(B)(ii) of the \n Public Health Service Act, as added by subsection (a).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the House on December 11, 2013. Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act.","title":"Gabriella Miller Kids First Research Act","text_len":7231,"sum_len":1772} {"bill_id":"106_hr2548","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Defense Anthrax \nVaccination Moratorium Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) a single force protection measure such as the mandatory \n anthrax vaccine immunization program should not be implemented \n by the Department of Defense without regard for that measure's \n own effects on morale, retention, recruiting, and budget; and\n (2) an insufficiently proven vaccine should not be \n advocated as a substitute for research, development, and \n production of truly effective vaccines and essential \n antibiotics, adequate personal protective equipment, detection \n devices, and nonproliferation measures.\n\nSEC. 3. MORATORIUM OF VACCINATION PROGRAM.\n\n The Secretary of Defense shall suspend implementation of the \nanthrax vaccination program of the Department of Defense. After the \ndate of the enactment of this Act, no further vaccination may be \nadministered under the program to any member of the Armed Forces except \nin accordance with this Act.\n\nSEC. 4. STUDY BY NATIONAL INSTITUTES OF HEALTH.\n\n (a) Study.--\n (1) In general.--The Director of the National Institutes of \n Health shall require the appropriate national research \n institute to conduct or oversee an independent study of the \n effectiveness and safety of the vaccine used in the Department \n of Defense anthrax vaccination program.\n (2) Matters to be studied.--The Director shall include in \n the study under paragraph (1) determination of the following \n with respect to that vaccine:\n (A) Types and severity of adverse reactions.\n (B) Long-term health implications, including \n interactions with other (existing and planned) vaccines \n and medications.\n (C) Efficacy of the anthrax vaccine for protecting \n humans against all the strains of anthrax pathogens \n members of the Armed Forces are likely to encounter.\n (D) Correlation of animal models to safety and \n effectiveness in humans.\n (E) Validation of the manufacturing process \n focusing on, but not limited to, discrepancies \n identified by the Food and Drug Administration in \n February 1998 (especially with respect to the filter \n used in the harvest of anthrax vaccine, storage times, \n and exposure to room temperature).\n (F) Definition of vaccine components in terms of \n the protective antigen and other bacterial products and \n constituents.\n (G) Such other matters as are in the judgment of \n the Director required in order for the Director to make \n the determinations required by subsection (b).\n (3) Limitation.--The Director may not use for purposes of \n the study any data arising from the experience of inoculating \n members of the Armed Forces with the vaccine studied because of \n the lack of informed consent and inadequate recordkeeping \n associated with such inoculations.\n (b) Report.--Upon completion of the study, the Director of the \nNational Institutes of Health shall submit to the Committee on \nGovernment Reform of the House of Representatives and the Committee on \nGovernmental Affairs of the Senate and to the Secretary of Defense a \nreport setting forth the results of the study. The report shall include \nthe Director's determination, based upon the results of the study, as \nto each of the following:\n (1) Whether or not the vaccine used in the Department of \n Defense anthrax vaccination program has an unacceptably high \n systemic reaction rate.\n (2) Whether or not the vaccine is effective with respect to \n noncutaneous transfer of anthrax.\n (3) Whether or not the vaccine will be produced in a manner \n acceptable to the Food and Drug Administration.\n\nSEC. 5. GENERAL ACCOUNTING OFFICE STUDY.\n\n (a) In General.--The Comptroller General shall conduct a study of \nthe inoculation program referred to in section 3 and of the effect of \nthe use of contractor-operated facilities for that program. As part of \nthe study, the Comptroller General shall study the following with \nrespect to the inoculation program:\n (1) Effects on military morale, retention, and recruiting.\n (2) Civilian costs and burdens associated with lack of \n military medical care and loss of civilian sick leave and work \n capacity for members of the reserve components who experience \n adverse reactions while not in military status.\n (3) A system of accurately recording medical conditions of \n members of the Armed Forces and other patients before and after \n inoculation, including off-duty reactions and treatment of \n reserve component members and including screening for allergens \n and contraindications, to include prior adverse reactions.\n (b) Public Comment.--The Comptroller General shall publish the \nstudy under subsection (a) for public comment.\n (b) GAO Review.--The Comptroller General shall review the \nSecretary's written report and provide comments to Congress within 75 \ndays after the Secretary files the report.\n\nSEC. 6. BOARDS FOR CORRECTION OF MILITARY RECORDS.\n\n The Secretary of Defense shall direct that the respective Boards \nfor Correction of Military Records of the military departments shall, \nupon request by individual members or former members of the Armed \nForces, expedite consideration of applications for remedies for adverse \npersonnel actions (both voluntary and involuntary) that were a result \nof the mandatory anthrax vaccine immunization program, to including \nrescission of court-martial convictions, rescission of administrative \ndischarges and separations, rescission of retirements and transfers, \nrestoration of flying status, back pay and allowances, expunging of \nnegative performance appraisal comments or ratings, and granting of \nphysical disability certificates.\n\nSEC. 7. CONTINGENT RESUMPTION OF VACCINATION PROGRAM.\n\n (a) Contingent Authority for Resumption.--If the Director of the \nNational Institutes of Health determines in the report under section \n3(b) that the vaccine used in the anthrax vaccination program of the \nDepartment of Defense meets each of the criteria stated in subsection \n(b), the Secretary of Defense may resume the Department of Defense \nanthrax vaccination program. Any such resumption may not begin until \nthe end of the 90-day period beginning on the date of the submission of \nthe report under section 3(b).\n (b) Criteria for Program Resumption.--The criteria referred to in \nsubsection (a) are the following:\n (1) That the vaccine used in the Department of Defense \n anthrax vaccination program does not have an unacceptably high \n systemic reaction rate.\n (2) That the vaccine is effective with respect to \n noncutaneous transfer of anthrax.\n (3) That the vaccine will be produced in a manner \n acceptable to the Food and Drug Administration.\n (c) Requirement for Use of New Vaccine.--If the anthrax vaccination \nprogram is resumed under subsection (a), the Secretary of Defense may \nonly use newly produced vaccine for vaccinations after the resumption \nof the program.","summary":"Department of Defense Anthrax Vaccination Moratorium Act - Expresses the sense of Congress that: (1) a single protection measure such as the mandatory anthrax vaccine immunization program should not be implemented by the Department of Defense (DOD) without regard to its effect on morale, retention, recruiting, and budget. And (2) an insufficiently proven vaccine should not be advocated as a substitute for research, development, and production of truly effective vaccines and antibiotics, adequate protective equipment, and nonproliferation measures. Directs the Secretary of Defense to suspend implementation of the DOD anthrax vaccination program. Requires: (1) an independent study of the effectiveness and safety of the vaccine used. And (2) a report from the Director of the National Institutes of Health to specified congressional committees on study results. Directs the Comptroller General to conduct a study and comment to Congress on the vaccine program and the effect of the use of contractor-operated facilities for such program. Requires expedited consideration by the respective Boards for Correction of Military Records for current or former military personnel for remedies for adverse personnel actions that were the result of the vaccine program. States that if the Director determines that the vaccine used in the DOD program meets specified criteria, the Secretary may resume such program. Provides that if such program is resumed, the Secretary may use only newly produced vaccine for vaccinations after such resumption.","title":"Department of Defense Anthrax Vaccination Moratorium Act","text_len":7657,"sum_len":1543} {"bill_id":"113_hr709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Upper Mississippi Conservation and \nRiver Protection Act of 2013'' or the ``Upper Mississippi CARP Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Alternative technology barrier.--The term ``alternative \n technology barrier'' includes an electric barrier, acoustic \n barrier, bubble barrier, and such other barriers as the \n Secretary determines appropriate.\n (2) Asian carp.--The term ``Asian carp'' means--\n (A) grass carp (Ctenopharyngodon idella);\n (B) silver carp (Hypophthalmichthys molitrix);\n (C) bighead carp (Hypophthalmichthys nobilis); and\n (D) black carp (Mylopharyngodon piceus).\n (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the \n lock and dam located on Mississippi River mile 847.8 in \n Minneapolis, Minnesota.\n (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the \n lock and dam located on Mississippi River mile 815.2 upstream \n of Hastings, Minnesota.\n (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the \n lock and dam located on Mississippi River mile 752.8 in Alma, \n Wisconsin.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Army, acting through the Chief of Engineers.\n (7) Upper st. anthony falls lock and dam.--The term ``Upper \n St. Anthony Falls Lock and Dam'' means the lock and dam located \n on Mississippi River mile 853.9 in Minneapolis, Minnesota.\n\nSEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY \n FALLS LOCK.\n\n (a) Study.--The Secretary shall conduct a study on the feasibility \nof temporary closure of the lock at the Upper St. Anthony Falls Lock \nand Dam to manage the threat of Asian carp traveling up the Mississippi \nRiver in the State of Minnesota.\n (b) Potential Impacts.--In conducting the study, the Secretary \nshall assess the potential impacts, including environmental and \neconomic impacts of--\n (1) temporary closure of the lock; and\n (2) continuing to operate the lock.\n (c) Consultation.--The Secretary shall carry out the study in \nconsultation with the Secretary of the Interior and appropriate \nFederal, State, and local entities.\n (d) Public Comment.--In conducting the study, the Secretary shall \nprovide an opportunity for, and take into consideration, public \ncomment.\n (e) Report.--Not later than 6 months after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nresults of the study.\n\nSEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES.\n\n (a) Study.--The Secretary shall conduct a study on the feasibility \nof implementing control measures at the Upper St. Anthony Falls Lock \nand Dam and at Lock and Dam 1 to manage the threat of Asian carp \ntraveling up the Mississippi River in the State of Minnesota.\n (b) Types of Control Measures.--The study shall include an \nexamination of each of the following:\n (1) Permanent closure of the lock.\n (2) Modified lock operations.\n (3) Use of an alternative technology barrier.\n (4) Such other control measures as the Secretary determines \n appropriate.\n (c) Potential Impacts.--In conducting the study, the Secretary \nshall assess the potential impacts, including environmental and \neconomic impacts of--\n (1) implementing each of the control measures to be \n examined under subsection (b); and\n (2) not implementing any control measures.\n (d) Consultation.--The Secretary shall carry out the study in \nconsultation with the Secretary of the Interior and appropriate \nFederal, State, and local entities.\n (e) Public Comment.--In conducting the study, the Secretary shall \nprovide an opportunity for, and take into consideration, public \ncomment.\n (f) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nresults of the study.\n\nSEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP.\n\n (a) Discretionary Closure.--The Secretary may close the lock at the \nUpper St. Anthony Falls Lock and Dam if the Secretary determines in \nwriting, based on the assessment of potential impacts under section \n3(b), that closure of the lock is justified as a method to manage the \nthreat of Asian carp traveling up the Mississippi River in the State of \nMinnesota.\n (b) Mandatory Closure.--The Secretary shall close the lock at the \nUpper St. Anthony Falls Lock and Dam if the Secretary determines that--\n (1) one or more live adult Asian carp has been captured \n above Lock and Dam 2; or\n (2) one or more juvenile Asian carp has been captured above \n Lock and Dam 4.\n (c) Determinations by Secretary of the Interior.--\n (1) Petitions.--If the Secretary of the Interior determines \n that an Asian carp has been captured that meets the criteria \n described in subsection (b)(1) or (b)(2), the Secretary of the \n Interior may transmit to the Secretary a petition for closure \n of the lock at the Upper St. Anthony Falls Lock and Dam.\n (2) Consideration.--After receiving a petition under \n paragraph (1), the Secretary shall--\n (A) consider the recommendation contained in the \n petition and prepare a written response to the \n recommendation; and\n (B) transmit the petition and written response to \n the Committee on Transportation and Infrastructure of \n the House of Representatives and the Committee on \n Environment and Public Works of the Senate and make the \n petition and written response available to the public \n by electronic means, including the Internet.\n (d) Period of Closure.--If the Secretary closes the lock under this \nsection, the Secretary may reopen the lock after the Secretary \ndetermines in writing that adequate measures are in place to manage the \nthreat of Asian carp moving upstream of the Upper St. Anthony Falls \nLock and Dam.\n (e) Emergency Operations.--Nothing in this section shall prevent \nthe Secretary from carrying out emergency lock operations necessary to \nmitigate flood damage.\n\nSEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.\n\n The Council on Environmental Quality shall incorporate the Upper \nMississippi River and tributaries, the Minnesota River, and the St. \nCroix River into the Asian Carp Control Strategy Framework of the \nCouncil.\n\nSEC. 7. SENSE OF CONGRESS.\n\n It is the sense of Congress that, to the maximum extent \npracticable, Federal agencies researching Asian carp control \ntechnologies should partner with State and local shareholders, giving \npriority to those collaborative partnerships in which the State and \nlocal shareholders contribute to the cost of the research.","summary":"Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to study the feasibility of: (1) temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in Minnesota, and (2) implementing control measures at such lock and Lock and Dam 1 , including permanently closing the locks, modifying lock operations, or using an alternative technology barrier, to manage such threat. Requires the Chief to assess the potential impacts, including environmental and economic impacts: (1) of temporary closure of such lock and of continuing to operate it, and (2) of implementing each of such control measures and of not implementing such measures. Authorizes the Chief to close such lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close such lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 or that a juvenile Asian carp has been captured above Lock and Dam 4 . Authorizes the Secretary of the Interior, upon determining that an Asian carp has been captured at such a location, to transmit to the Chief a petition for closure of such lock. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.","title":"Upper Mississippi CARP Act","text_len":7151,"sum_len":1875} {"bill_id":"111_hr5953","text":"SECTION 1. DISPLAY OF WOMEN VETERANS BILL OF RIGHTS.\n\n (a) Display.--The Secretary of Veterans Affairs shall ensure that \nthe Women Veterans Bill of Rights described in subsection (b) is \nprinted on signs in accessible formats and displayed prominently and \nconspicuously in each facility of the Department of Veterans Affairs \nand distributed widely to women veterans.\n (b) Women Veterans Bill of Rights.--The Women Veterans Bill of \nRights described in this subsection is a sign stating that women \nveterans should have the following rights:\n (1) The right to a coordinated, comprehensive, primary \n women's health care, at every Department of Veterans Affairs \n medical facility, including the recognized models of best \n practices, systems, and structures for care delivery that \n ensure that every woman veteran has access to a Department of \n Veterans Affairs primary care provider who can meet all her \n primary care needs, including gender-specific, acute and \n chronic illness, preventive, and mental health care.\n (2) The right to be treated with dignity and respect at all \n Department of Veterans Affairs facilities.\n (3) The right to innovation in care delivery promoted and \n incentivized by the Veterans Health Administration to support \n local best practices fitted to the particular configuration and \n women veteran population.\n (4) The right to request and get treatment by clinicians \n with specific training and experience in women's health issues.\n (5) The right to enhanced capabilities of medical \n providers, clinical support, non-clinical, and administrative, \n to meet the comprehensive health care needs of women veterans.\n (6) The right to request and expect gender equity in \n provision of clinical health care services.\n (7) The right to equal access to health care services as \n that of their male counterparts.\n (8) The right to parity to their male veteran counterpart \n regarding the outcome of performance measures of health care \n services.\n (9) The right to be informed, through outreach campaigns, \n of benefits under laws administered by the Secretary of \n Veterans Affairs and to be included in Department outreach \n materials for any benefits and service to which they are \n entitled.\n (10) The right to be featured proportionately, including by \n age and ethnicity, in Department outreach materials, including \n electronic and print media that clearly depict them as being \n the recipient of the benefits and services provided by the \n Department.\n (11) The right to be recognized as an important separate \n population in new strategic plans for service delivery within \n the health care system of the Department of Veterans Affairs.\n (12) The right to equal consideration in hiring and \n employment for any job to which they apply.\n (13) The right to equal consideration in securing Federal \n contracts.\n (14) The right to equal access and accommodations in \n homeless programs that will meet their unique family needs.\n (15) The right to have their claims adjudicated equally, \n fairly, and accurately without bias or disparate treatment.\n (16) The right to have their military sexual trauma and \n other injuries compensated in a way that reflects the level of \n trauma sustained.\n (17) The right to expect that all veteran service officers, \n especially those who are trained by the Department of Veterans \n Affairs Training Responsibility Involvement Preparation program \n for claims processing, are required to receive training to be \n aware of and sensitive to the signs of military sexual trauma, \n domestic violence, and personal assault.\n (18) The right to the availability of female personnel to \n assist them in the disability claims application and appellate \n processes of the Department.\n (19) The right to the availability of female compensation \n and pension examiners.\n (20) The right to expect specialized training be provided \n to disability rating personnel regarding military sexual trauma \n and gender-specific illnesses so that these claims can be \n adjudicated more accurately.\n (21) The right to expect the collection of gender-specific \n data on disability ratings, for the performance of longitudinal \n and trend analyses, and for other applicable purposes.\n (22) The right to a method to identify and track outcomes \n for all claims involving personal assault trauma, regardless of \n the resulting disability.\n (23) The right for women veterans' programs and women \n veteran coordinators to be measured and evaluated for \n performance, consistency, and accountability.\n (24) The right to burial benefits under the laws \n administered by the Secretary of Veterans Affairs.\n\nSEC. 2. DISPLAY OF INJURED AND AMPUTEE VETERANS BILL OF RIGHTS.\n\n (a) Display.--The Secretary of Veterans Affairs shall ensure that \nthe Injured and Amputee Veterans Bill of Rights described in subsection \n(b) is printed on signs in accessible formats and displayed prominently \nand conspicuously in each prosthetics and orthotics clinic of the \nDepartment of Veterans Affairs.\n (b) Injured and Amputee Veterans Bill of Rights.--The Injured and \nAmputee Veterans Bill of Rights described in this subsection is a \nstatement that injured and amputee veterans should have the following \nrights:\n (1) The right to access the highest quality prosthetic and \n orthotic care, including the right to the most appropriate \n technology and best qualified practitioners.\n (2) The right to continuity of care in the transition from \n the Department of Defense health program to the Department of \n Veterans Affairs health care system, including comparable \n benefits relating to prosthetic and orthotic services.\n (3) The right to select the practitioner that best meets \n their orthotic and prosthetic needs, whether or not that \n practitioner is an employee of the Department of Veterans \n Affairs, a private practitioner who has entered into a contract \n with the Secretary of Veterans Affairs to provide prosthetic \n and orthotic services, or a private practitioner with \n specialized expertise.\n (4) The right to consistent and portable health care, \n including the right to obtain comparable services and \n technology at any medical facility of the Department of \n Veterans Affairs across the country.\n (5) The right to timely and efficient prosthetic and \n orthotic care, including a speedy authorization process with \n expedited authorization available for veterans visiting from \n another area of the country.\n (6) The right to play a meaningful role in rehabilitation \n decisions, including the right to receive a second opinion \n regarding prosthetic and orthotic treatment options.\n (7) The right to receive appropriate treatment, including \n the right to receive both a primary prosthesis or orthosis and \n a functional spare.\n (8) The right to be treated with respect and dignity and \n have an optimal quality of life both during and after \n rehabilitation.\n (9) The right to transition and readjust to civilian life \n in an honorable manner, including by having ample access to \n vocational rehabilitation, employment programs, and housing \n assistance.\n (c) Monitoring and Resolution of Complaints.--\n (1) In general.--The Secretary of Veterans Affairs, acting \n through the veteran liaison at each medical center of the \n Department of Veterans Affairs, shall collect information \n relating to the alleged mistreatment of injured and amputee \n veterans.\n (2) Quarterly reports.--For each fiscal quarter, the \n veteran liaison at each medical center of the Department shall \n submit to the Chief Consultant of Prosthetics and Sensory Aids \n of the Department a report on any information collected under \n paragraph (1) during that quarter.\n (3) Investigation and addressing of complaints.--The Chief \n Consultant, in cooperation with appropriate employees of a \n medical center of the Department, shall investigate and address \n any information collected under paragraph (1) at that medical \n center.\n\nSEC. 3. EDUCATION AND OUTREACH.\n\n (a) Education of Department Employees.--The Secretary of Veterans \nAffairs shall ensure that--\n (1) all employees of the Department of Veterans Affairs \n receive training on the Women Veterans Bill of Rights described \n in section 1; and\n (2) employees of the Department who work at prosthetics and \n orthotics clinics and who work as patient advocates with \n veterans who receive care at such clinics, including Federal \n recovery coordinators and case managers, receive training on \n the Injured and Amputee Veterans Bill of Rights described in \n section 2.\n (b) Outreach to Veterans.--The Secretary of Veterans Affairs shall \nconduct outreach to inform veterans about the Women Veterans Bill of \nRights described in section 1 and the Injured and Amputee Veterans Bill \nof Rights described in section 2 by--\n (1) ensuring that such Bills of Rights are available on the \n Internet website of the Department of Veterans Affairs; and\n (2) conducting other types of outreach targeted at specific \n groups of veterans, which may include outreach conducted on \n other Internet websites or through veterans service \n organizations.\n\nSEC. 4. EXCLUSION OF CERTAIN SERVICES.\n\n Nothing in this Act shall be construed to establish a right to any \nservice excluded under 38 CFR 17.38, as in effect on the date of the \nenactment of this Act.\n\n Passed the House of Representatives November 30, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA facility and distributed widely to such veterans. Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility. (2) treatment by clinicians with specific training and experience in women's health issues. And (3) gender equity in access to and the provision of clinical health care services. Directs the Secretary to ensure that the Injured and Amputee Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA prosthetics and orthotics clinic. Enumerates rights to be included in such Bill of Rights, including the right to: (1) access the highest quality prosthetic and orthotic care. (2) select the practitioner that best meets their prosthetic and orthotic needs. And (3) timely and efficient prosthetic and orthotic care. Requires the Secretary to collect information relating to alleged mistreatment of injured and amputee veterans. Directs the Secretary to: (1) ensure that all VA employees receive training on the Women Veterans Bill of Rights, and that appropriate VA employees receive training on the Injured and Amputee Veterans Bill of Rights. And (2) conduct outreach to inform veterans about both Bills of Rights, and to make them available on the VA Internet website.","title":"To direct the Secretary of Veterans Affairs to display in each facility of the Department of Veterans Affairs a Women Veterans Bill of Rights and to display in each prosthetics and orthotics clinic of the Department an Injured and Amputee Veterans Bill of Rights, and for other purposes.","text_len":10711,"sum_len":1521} {"bill_id":"107_s494","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Zimbabwe Democracy and Economic \nRecovery Act of 2001''.\n\nSEC. 2. STATEMENT OF POLICY.\n\n It is the policy of the United States to support the people of \nZimbabwe in their struggle to effect peaceful, democratic change, \nachieve broad-based and equitable economic growth, and restore the rule \nof law.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) International financial institutions.--The term \n ``international financial institutions'' means the multilateral \n development banks and the International Monetary Fund.\n (2) Multilateral development banks.--The term ``multilateral \n development banks'' means the International Bank for Reconstruction \n and Development, the International Development Association, the \n International Finance Corporation, the Inter-American Development \n Bank, the Asian Development Bank, the Inter-American Investment \n Corporation, the African Development Bank, the African Development \n Fund, the European Bank for Reconstruction and Development, and the \n Multilateral Investment Guaranty Agency.\nSEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.\n (a) Findings.--Congress makes the following findings:\n (1) Through economic mismanagement, undemocratic practices, and \n the costly deployment of troops to the Democratic Republic of the \n Congo, the Government of Zimbabwe has rendered itself ineligible to \n participate in International Bank for Reconstruction and \n Development and International Monetary Fund programs, which would \n otherwise be providing substantial resources to assist in the \n recovery and modernization of Zimbabwe's economy. The people of \n Zimbabwe have thus been denied the economic and democratic benefits \n envisioned by the donors to such programs, including the United \n States.\n (2) In September 1999 the IMF suspended its support under a \n ``Stand By Arrangement'', approved the previous month, for economic \n adjustment and reform in Zimbabwe.\n (3) In October 1999, the International Development Association \n (in this section referred to as the ``IDA'') suspended all \n structural adjustment loans, credits, and guarantees to the \n Government of Zimbabwe.\n (4) In May 2000, the IDA suspended all other new lending to the \n Government of Zimbabwe.\n (5) In September 2000, the IDA suspended disbursement of funds \n for ongoing projects under previously-approved loans, credits, and \n guarantees to the Government of Zimbabwe.\n (b) Support for Democratic Transition and Economic Recovery.--\n (1) Bilateral debt relief.--Upon receipt by the appropriate \n congressional committees of a certification described in subsection \n (d), the Secretary of the Treasury shall undertake a review of the \n feasibility of restructuring, rescheduling, or eliminating the \n sovereign debt of Zimbabwe held by any agency of the United States \n Government.\n (2) Multilateral debt relief and other financial assistance.--\n It is the sense of Congress that, upon receipt by the appropriate \n congressional committees of a certification described in subsection \n (d), the Secretary of the Treasury should--\n (A) direct the United States executive director of each \n multilateral development bank to propose that the bank should \n undertake a review of the feasibility of restructuring, \n rescheduling, or eliminating the sovereign debt of Zimbabwe \n held by that bank; and\n (B) direct the United States executive director of each \n international financial institution to which the United States \n is a member to propose to undertake financial and technical \n support for Zimbabwe, especially support that is intended to \n promote Zimbabwe's economic recovery and development, the \n stabilization of the Zimbabwean dollar, and the viability of \n Zimbabwe's democratic institutions.\n (c) Multilateral Financing Restriction.--Until the President makes \nthe certification described in subsection (d), and except as may be \nrequired to meet basic human needs or for good governance, the \nSecretary of the Treasury shall instruct the United States executive \ndirector to each international financial institution to oppose and vote \nagainst--\n (1) any extension by the respective institution of any loan, \n credit, or guarantee to the Government of Zimbabwe; or\n (2) any cancellation or reduction of indebtedness owed by the \n Government of Zimbabwe to the United States or any international \n financial institution.\n (d) Presidential Certification That Certain Conditions Are \nSatisfied.--A certification under this subsection is a certification \ntransmitted to the appropriate congressional committees of a \ndetermination made by the President that the following conditions are \nsatisfied:\n (1) Restoration of the rule of law.--The rule of law has been \n restored in Zimbabwe, including respect for ownership and title to \n property, freedom of speech and association, and an end to the \n lawlessness, violence, and intimidation sponsored, condoned, or \n tolerated by the Government of Zimbabwe, the ruling party, and \n their supporters or entities.\n (2) Election or pre-election conditions.--Either of the \n following two conditions is satisfied:\n (A) Presidential election.--Zimbabwe has held a \n presidential election that is widely accepted as free and fair \n by independent international monitors, and the president-elect \n is free to assume the duties of the office.\n (B) Pre-election conditions.--In the event the \n certification is made before the presidential election takes \n place, the Government of Zimbabwe has sufficiently improved the \n pre-election environment to a degree consistent with accepted \n international standards for security and freedom of movement \n and association.\n (3) Commitment to equitable, legal, and transparent land \n reform.--The Government of Zimbabwe has demonstrated a commitment \n to an equitable, legal, and transparent land reform program \n consistent with agreements reached at the International Donors' \n Conference on Land Reform and Resettlement in Zimbabwe held in \n Harare, Zimbabwe, in September 1998.\n (4) Fulfillment of agreement ending war in democratic republic \n of congo.--The Government of Zimbabwe is making a good faith effort \n to fulfill the terms of the Lusaka, Zambia, agreement on ending the \n war in the Democratic Republic of Congo.\n (5) Military and national police subordinate to civilian \n government.--The Zimbabwean Armed Forces, the National Police of \n Zimbabwe, and other state security forces are responsible to and \n serve the elected civilian government.\n (e) Waiver.--The President may waive the provisions of subsection \n(b)(1) or subsection (c), if the President determines that it is in the \nnational interest of the United States to do so.\nSEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND \nINDEPENDENT MEDIA, AND THE RULE OF LAW.\n (a) In General.--The President is authorized to provide assistance \nunder part I and chapter 4 of part II of the Foreign Assistance Act of \n1961 to--\n (1) support an independent and free press and electronic media \n in Zimbabwe;\n (2) support equitable, legal, and transparent mechanisms of \n land reform in Zimbabwe, including the payment of costs related to \n the acquisition of land and the resettlement of individuals, \n consistent with the International Donors' Conference on Land Reform \n and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September \n 1998, or any subsequent agreement relating thereto; and\n (3) provide for democracy and governance programs in Zimbabwe.\n (b) Funding.--Of the funds authorized to be appropriated to carry \nout part I and chapter 4 of part II of the Foreign Assistance Act of \n1961 for fiscal year 2002--\n (1) $20,000,000 is authorized to be available to provide the \n assistance described in subsection (a)(2); and\n (2) $6,000,000 is authorized to be available to provide the \n assistance described in subsection (a)(3).\n (c) Supersedes Other Laws.--The authority in this section \nsupersedes any other provision of law.\nSEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST \nINDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF \nLAW IN ZIMBABWE.\n It is the sense of Congress that the President should begin \nimmediate consultation with the governments of European Union member \nstates, Canada, and other appropriate foreign countries on ways in \nwhich to--\n (1) identify and share information regarding individuals \n responsible for the deliberate breakdown of the rule of law, \n politically motivated violence, and intimidation in Zimbabwe;\n (2) identify assets of those individuals held outside Zimbabwe;\n (3) implement travel and economic sanctions against those \n individuals and their associates and families; and\n (4) provide for the eventual removal or amendment of those \n sanctions.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Zimbabwe Democracy and Economic Recovery Act of 2001 - Declares it is US policy to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. Directs the Secretary of the Treasury to review, and expresses the sense of Congress that the Secretary should instruct US executive directors to multilateral development banks and international financial institutions to propose review of, the cancellation or reduction of indebtedness owed by, or the extension of loans, credit, or guarantees to, the Government of Zimbabwe upon the President's certification to the appropriate congressional committees that: (1) the rule of law has been restored in Zimbabwe, (2) certain election or pre-election conditions have been met. (3) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program that is consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998. (4) such Government is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement in ending the war in the Democratic Republic of Congo. And (5) the Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces have become subordinate to the elected civilian Government. Directs the Secretary to instruct such US executive directors to oppose such assistance to Zimbabwe until such certification is made. Authorizes the President to waive such requirements if it is in the national interest of the United States. Authorizes the President to provide certain foreign assistance funds to Zimbabwe to support the establishment of democratic institutions, free press and independent media, and the rule of law. Authorizes appropriations for FY 2002. Urges the President to consult immediately with the governments of European Union member states, Canada, and other appropriate foreign countries on identifying and imposing travel and economic sanctions against individuals responsible for the breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe.","title":"A bill to provide for a transition to democracy and to promote economic recovery in Zimbabwe.","text_len":9595,"sum_len":2248} {"bill_id":"113_hr3349","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Innovation Protection Act''.\n\nSEC. 2. PATENT AND TRADEMARK OFFICE FUNDING.\n\n (a) Definitions.--In this section:\n (1) Director.--The term ``Director'' means the Under \n Secretary of Commerce for Intellectual Property and Director of \n the United States Patent and Trademark Office.\n (2) Fund.--The term ``Fund'' means the United States Patent \n and Trademark Office Public Enterprise Revolving fund \n established under subsection (c).\n (3) Office.--The term ``Office'' means the United States \n Patent and Trademark Office.\n (4) Trademark act of 1946.--The term ``Trademark Act of \n 1946'' means the Act entitled ``An Act to provide for the \n registration and protection of trademarks used in commerce, to \n carry out the provisions of certain international conventions, \n and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 \n et seq.) (commonly referred to as the ``Trademark Act of 1946'' \n or the ``Lanham Act'').\n (b) Funding.--\n (1) In general.--Section 42 of title 35, United States \n Code, is amended--\n (A) in subsection (b), by striking ``Patent and \n Trademark Office Appropriation Account'' and inserting \n ``United States Patent and Trademark Office Public \n Enterprise Fund''; and\n (B) in subsection (c)--\n (i) in paragraph (1)--\n (I) in the first sentence, by \n striking ``To the extent'' and all that \n follows through ``fees'' and inserting \n ``Fees''; and\n (II) by striking ``shall be \n collected by and shall, subject to \n paragraph (3), be available to the \n Director'' and inserting ``shall be \n collected by, and shall be available \n to, the Director until expended''; and\n (ii) by striking paragraph (2) and \n redesignating paragraph (3) as paragraph (2).\n (2) Effective date.--The amendments made by paragraph (1) \n shall take effect on the first day of the first fiscal year \n that begins on or after the date of the enactment of this Act.\n (c) USPTO Revolving Fund.--\n (1) Establishment.--There is established in the Treasury of \n the United States a revolving fund to be known as the ``United \n States Patent and Trademark Office Public Enterprise Fund''. \n Any amounts in the Fund shall be available for use by the \n Director without fiscal year limitation.\n (2) Derivation of resources.--\n (A) In general.--There shall be deposited into the \n Fund on and after the effective date set forth in \n subsection (b)(2)--\n (i) any fees collected under title 35, \n United States Code; and\n (ii) any fees collected under the Trademark \n Act of 1946 (15 U.S.C. 1051 et seq.).\n (B) Remaining balances.--There shall be deposited \n in the Fund, on the effective date set forth in \n subsection (b)(2), any unobligated balances remaining \n in the Patent and Trademark Office Appropriation \n Account, and in the Patent and Trademark Fee Reserve \n Fund established under section 42(b)(2) of title 31, \n United States Code, as in effect on the day before such \n effective date. Upon the payment of all obligated \n amounts in the Patent and Trademark Fee Reserve Fund, \n the Patent and Trademark Fee Reserve Fund shall be \n terminated.\n (3) Expenses.--Amounts deposited into the Fund under \n paragraph (2) shall be available, without fiscal year \n limitation, to cover--\n (A) all expenses, to the extent consistent with the \n limitation on the use of fees set forth in section \n 42(c) of title 35, United States Code, including all \n administrative and operating expenses, determined in \n the discretion of the Director to be ordinary and \n reasonable, incurred by the Director for the continued \n operation of all services, programs, activities, and \n duties of the Office relating to patents and \n trademarks, as such services, programs, activities, and \n duties are described under--\n (i) title 35, United States Code; and\n (ii) the Trademark Act of 1946; and\n (B) all expenses incurred pursuant to any \n obligation, representation, or other commitment of the \n Office.\n (d) Annual Report and Operation Plan.--Not later than 60 days after \nthe end of each fiscal year, the Director shall submit to Congress a \nreport that--\n (1) summarizes the operations of the Office for the \n preceding fiscal year, including financial details and staff \n levels broken down by each major activity of the Office;\n (2) describes the long term modernization plans of the \n Office;\n (3) sets forth details of any progress towards such \n modernization plans made in the preceding fiscal year; and\n (4) includes the results of the most recent audit carried \n out under subsection (f).\n (e) Annual Spending Plan.--\n (1) In general.--Not later than 30 days after the beginning \n of each fiscal year, the Director shall notify the Committee on \n Appropriations of the House of Representatives and the \n Committee on Appropriations of the Senate of the plan for the \n obligation and expenditure by the Office of the total amount of \n the funds for that fiscal year in accordance with section 605 \n of the Science, State, Justice, Commerce, and Related Agencies \n Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).\n (2) Contents.--Each plan under paragraph (1) shall--\n (A) summarize the operations of the Office for the \n current fiscal year, including financial details and \n staff levels with respect to major activities; and\n (B) detail the operating plan of the Office, \n including specific expense and staff needs, for the \n current fiscal year.\n (f) Audit.--The Director shall, on an annual basis, provide for an \nindependent audit of the financial statements of the Office. Such audit \nshall be conducted in accordance with generally accepted accounting \nprinciples.\n (g) Budget.--The Fund shall prepare and submit each year to the \nPresident a business-type budget in such manner, and before such date, \nas the President prescribes by regulation.","summary":"Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund to be used as a revolving fund by the Director of the US Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities, (2) fees collected under federal patent and trademark laws. And (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks. And (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity, (2) provide for an independent audit of USPTO financial statements, and (3) submit a budget to the President.","title":"Innovation Protection Act","text_len":7387,"sum_len":1353} {"bill_id":"111_s2983","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hire Now Tax Cut Act of 2010''.\n\nSEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS.\n\n (a) In General.--Section 3111 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(d) Special Exemption for Certain Individuals Hired in 2010.--\n ``(1) In general.--Subsection (a) shall not apply to wages \n paid by a qualified employer with respect to employment during \n the period beginning on the day after the date of the enactment \n of this subsection and ending on December 31, 2010, of any \n qualified individual for services performed--\n ``(A) in a trade or business of such qualified \n employer, or\n ``(B) in the case of a qualified employer exempt \n from tax under section 501(a), in furtherance of the \n activities related to the purpose or function \n constituting the basis of the employer's exemption \n under section 501.\n ``(2) Qualified employer.--For purposes of this subsection, \n the term `qualified employer' means any employer other than the \n United States, any State, any local government, or any \n instrumentality of the foregoing.\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after February 3, 2010, and before January 1, 2011,\n ``(B) certifies by signed affidavit, under \n penalties of perjury, that such individual has not been \n employed for more than 40 hours during the 60-day \n period ending on the date such individual begins such \n employment,\n ``(C) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(D) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (b) Coordination With Work Opportunity Credit.--Section 51(c) of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing new paragraph:\n ``(5) Coordination with payroll tax forgiveness.--The term \n `wages' shall not include any amount paid or incurred to a \n qualified individual (as defined in section 3111(d)(3)) during \n the 1-year period beginning on the hiring date of such \n individual by a qualified employer (as defined in section \n 3111(d)) unless such qualified employer makes an election not \n to have section 3111(d) apply.''.\n (c) Transfers to Federal Old-Age and Survivors Insurance Trust \nFund.--There are hereby appropriated to the Federal Old-Age and \nSurvivors Trust Fund and the Federal Disability Insurance Trust Fund \nestablished under section 201 of the Social Security Act (42 U.S.C. \n401) amounts equal to the reduction in revenues to the Treasury by \nreason of the amendments made by subsection (a). Amounts appropriated \nby the preceding sentence shall be transferred from the general fund at \nsuch times and in such manner as to replicate to the extent possible \nthe transfers which would have occurred to such Trust Fund had such \namendments not been enacted.\n (d) Effective Date.--The amendments made by this section shall \napply to wages paid after the date of the enactment of this Act.\n\nSEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED \n INDIVIDUALS IN 2010.\n\n (a) In General.--In the case of any taxable year ending after the \ndate of the enactment of this Act, the current year business credit \ndetermined under section 38(b) of the Internal Revenue Code of 1986 for \nsuch taxable year shall be increased by an amount equal to the product \nof--\n (1) $1,000, and\n (2) the number of retained workers with respect to which \n subsection (b)(2) is first satisfied during such taxable year.\n (b) Retained Worker.--For purposes of this section, the term \n``retained worker'' means any qualified individual (as defined in \nsection 3111(d)(3) of the Internal Revenue Code of 1986)--\n (1) who was employed by the taxpayer on any date during the \n taxable year,\n (2) who was so employed by the taxpayer for a period of not \n less than 52 consecutive weeks, and\n (3) whose wages for such employment during the last 26 \n weeks of such period equaled at least 80 percent of such wages \n for the first 26 weeks of such period.","summary":"Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days. And (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.","title":"A bill to amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to previously unemployed individuals, and to provide a credit for the retention of such individuals for at least 1 year.","text_len":5134,"sum_len":733} {"bill_id":"107_s830","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Breast Cancer and Environmental \nResearch Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Breast cancer is the second leading cause of cancer \n deaths among American women.\n (2) More women in the United States are living with breast \n cancer than any other cancer (excluding skin cancer). \n Approximately 3,000,000 women in the United States are living \n with breast cancer, 2,000,000 of which have been diagnosed and \n an estimated 1,000,000 who do not yet know that they have the \n disease.\n (3) Breast cancer is the most commonly diagnosed cancer \n among women in the United States and worldwide (excluding skin \n cancer). In 2001, it is estimated that 233,000 new cases of \n breast cancer will be diagnosed among women in the United \n States, 192,000 cases of which will involve invasive breast \n cancer and 40,800 cases of which will involve ductal carcinoma \n in situ (DCIS).\n (4) Breast cancer is the second leading cause of cancer \n death for women in the United States. Approximately 40,000 \n women in the United States die from the disease each year. \n Breast cancer is the leading cause of cancer death for women in \n the United States between the ages of 20 and 59, and the \n leading cause of cancer death for women worldwide.\n (5) A woman in the United States has a 1 in 8 chance of \n developing invasive breast cancer in her lifetime. This risk \n was 1 in 11 in 1975. In 2001, a new case of breast cancer will \n be diagnosed every 2 minutes and a woman will die from breast \n cancer every 13 minutes.\n (6) All women are at risk for breast cancer. About 90 \n percent of women who develop breast cancer do not have a family \n history of the disease.\n (7) The National Action Plan on Breast Cancer, a public \n private partnership, has recognized the importance of expanding \n the scope and breadth of biomedical, epidemiological, and \n behavioral research activities related to the etiology of \n breast cancer and the role of the environment.\n (8) To date, there has been only a limited research \n investment to expand the scope or coordinate efforts across \n disciplines or work with the community to study the role of the \n environment in the development of breast cancer.\n (9) In order to take full advantage of the tremendous \n potential for avenues of prevention, the Federal investment in \n the role of the environment and the development of breast \n cancer should be expanded.\n (10) In order to understand the effect of chemicals and \n radiation on the development of cancer, multi-generational, \n prospective studies are probably required.\n\nSEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR \n DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING \n ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.\n\n Subpart 12 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285l et seq.) is amended by adding at the end the following \nsection:\n\n``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED \n TO BREAST CANCER.\n\n ``(a) In General.--The Director of the Institute, based on \nrecommendations from the Breast Cancer and Environmental Research Panel \nestablished under subsection (b) (referred to in this section as the \n`Panel') shall make grants, after a process of peer review and \nprogrammatic review, to public or nonprofit private entities for the \ndevelopment and operation of not more than 8 centers for the purpose of \nconducting multidisciplinary and multi-institutional research on \nenvironmental factors that may be related to the etiology of breast \ncancer. Each such center shall be known as a Breast Cancer and \nEnvironmental Research Center of Excellence.\n ``(b) Breast Cancer and Environmental Research Panel.--\n ``(1) Establishment.--The Secretary shall establish in the \n Institute of Environmental Health Sciences a Breast Cancer and \n Environmental Research Panel.\n ``(2) Composition.--The Panel shall be composed of--\n ``(A) 9 members to be appointed by the Secretary, \n of which--\n ``(i) six members shall be appointed from \n among physicians, and other health \n professionals, who--\n ``(I) are not officers or employees \n of the United States;\n ``(II) represent multiple \n disciplines, including clinical, basic, \n and public health sciences;\n ``(III) represent different \n geographical regions of the United \n States;\n ``(IV) are from practice settings \n or academia or other research settings; \n and\n ``(V) are experienced in biomedical \n review; and\n ``(ii) three members shall be appointed \n from the general public who are representatives \n of individuals who have had breast cancer and \n who represent a constituency; and\n ``(B) such nonvoting, ex officio members as the \n Secretary determines to be appropriate.\n ``(3) Chairperson.--The members of the Panel appointed \n under paragraph (2)(A) shall select a chairperson from among \n such members.\n ``(4) Meetings.--The Panel shall meet at the call of the \n chairperson or upon the request of the Director, but in no case \n less often than once each year.\n ``(5) Duties.--The Panel shall--\n ``(A) oversee the peer review process for the \n awarding of grants under subsection (a) and conduct the \n programmatic review under such subsection;\n ``(B) make recommendations with respect to the \n funding criteria and mechanisms under which amounts \n will be allocated under this section; and\n ``(C) make final programmatic recommendations with \n respect to grants under this section.\n ``(c) Collaboration With Community.--Each center under subsection \n(a) shall establish and maintain ongoing collaborations with community \norganizations in the geographic area served by the center, including \nthose that represent women with breast cancer.\n ``(d) Coordination of Centers; Reports.--The Director of the \nInstitute shall, as appropriate, provide for the coordination of \ninformation among centers under subsection (a) and ensure regular \ncommunication between such centers, and may require the periodic \npreparation of reports on the activities of the centers and the \nsubmission of the reports to the Director.\n ``(e) Required Consortium.--Each center under subsection (a) shall \nbe formed from a consortium of cooperating institutions, meeting such \nrequirements as may be prescribed by the Director of the Institute. \nEach center shall require collaboration among highly accomplished \nscientists, other health professionals and advocates of diverse \nbackgrounds from various areas of expertise.\n ``(f) Duration of Support.--Support of a center under subsection \n(a) may be for a period not exceeding 5 years. Such period may be \nextended for one or more additional periods not exceeding 5 years if \nthe operations of such center have been reviewed by an appropriate \ntechnical and scientific peer review group established by the Director \nof the Institute and if such group has recommended to the Director that \nsuch period should be extended.\n ``(g) Geographic Distribution of Centers.--The Director of the \nInstitute shall, to the extent practicable, provide for an equitable \ngeographical distribution of centers under this section.\n ``(h) Innovative Approaches.--Each center under subsection (a) \nshall use innovative approaches to study unexplored or under-explored \nareas of the environment and breast cancer.\n ``(i) Authorization of Appropriations.--For the purpose of carrying \nout this section, there is authorized to be appropriated $30,000,000 \nfor each of the fiscal years 2002 through 2007. Such authorization is \nin addition to any other authorization of appropriations that is \navailable for such purpose.''.","summary":"Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight consortium centers for the conduct of multi-disciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer.","title":"A bill to amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.","text_len":8964,"sum_len":455} {"bill_id":"105_s1637","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bounty Hunter Accountability and \nQuality Assistance Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) bounty hunters, also known as bail enforcement officers \n or recovery agents, provide law enforcement officers and the \n courts with valuable assistance in recovering fugitives from \n justice;\n (2) regardless of the differences in their duties, skills, \n and responsibilities, the public has had difficulty in \n discerning the difference between law enforcement officers and \n bounty hunters;\n (3) the availability of bail as an alternative to the \n pretrial detention or unsecured release of criminal defendants \n is important to the effective functioning of the criminal \n justice system;\n (4) the safe and timely return to custody of fugitives who \n violate bail contracts is an important matter of public safety, \n as is the return of any other fugitive from justice;\n (5) bail bond agents are widely regulated by the States, \n whereas bounty hunters are largely unregulated;\n (6) the public safety requires the employment of qualified, \n well-trained bounty hunters; and\n (7) in the course of their duties, bounty hunters often \n move in and affect interstate commerce.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``bail bond agent'' means any retail seller of \n a bond to secure the release of a criminal defendant pending \n judicial proceedings, unless such person also is self-employed \n to obtain the recovery of any fugitive from justice who has \n been released on bail;\n (2) the term ``bounty hunter''--\n (A) means any person whose services are engaged, \n either as an independent contractor or as an employee \n of a bounty hunter employer, to obtain the recovery of \n any fugitive from justice who has been released on \n bail; and\n (B) does not include any--\n (i) law enforcement officer acting under \n color of law;\n (ii) attorney, accountant, or other \n professional licensed under applicable State \n law;\n (iii) employee whose duties are primarily \n internal audit or credit functions;\n (iv) person while engaged in the \n performance of official duties as a member of \n the Armed Forces on active duty (as defined in \n section 101(d)(1) of title 10, United States \n Code); or\n (v) bail bond agent;\n (3) the term ``bounty hunter employer''--\n (A) means any person that--\n (i) employs 1 or more bounty hunters; or\n (ii) provides, as an independent \n contractor, for consideration, the services of \n 1 or more bounty hunters (which may include the \n services of that person); and\n (B) does not include any bail bond agent; and\n (4) the term ``law enforcement officer'' means a public \n officer or employee authorized under applicable Federal or \n State law to conduct or engage in the prevention, \n investigation, prosecution, or adjudication of criminal \n offenses, including any public officer or employee engaged in \n corrections, parole, or probation functions, or the recovery of \n any fugitive from justice.\n\nSEC. 4. MODEL GUIDELINES.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Attorney General shall develop model \nguidelines for the State control and regulation of persons employed or \napplying for employment as bounty hunters. In developing such \nguidelines, the Attorney General shall consult with organizations \nrepresenting--\n (1) State and local law enforcement officers;\n (2) State and local prosecutors;\n (3) the criminal defense bar;\n (4) bail bond agents;\n (5) bounty hunters; and\n (6) corporate sureties.\n (b) Recommendations.--The guidelines developed under subsection (a) \nshall include recommendations of the Attorney General regarding \nwhether--\n (1) a person seeking employment as a bounty hunter should--\n (A) be required to submit to a fingerprint-based \n criminal background check prior to entering into the \n performance of duties pursuant to employment as a \n bounty hunter; or\n (B) not be allowed to obtain such employment if \n that person has been convicted of a felony offense \n under Federal or State law;\n (2) bounty hunters and bounty hunter employers should be \n required to obtain adequate liability insurance for actions \n taken in the course of performing duties pursuant to employment \n as a bounty hunter; and\n (3) State laws should provide--\n (A) for the prohibition on bounty hunters entering \n any private dwelling, unless the bounty hunter first \n knocks on the front door and announces the presence of \n 1 or more bounty hunters; and\n (B) the official recognition of bounty hunters from \n other States.\n (c) Effect on Bail.--The guidelines published under subsection (a) \nshall include an analysis of the estimated effect, if any, of the \nadoption of the guidelines by the States on--\n (1) the cost and availability of bail; and\n (2) the bail bond agent industry.\n (d) No Regulatory Authority.--Nothing in this section may be \nconstrued to authorize the promulgation of any Federal regulation \nrelating to bounty hunters, bounty hunter employers, or bail bond \nagents.\n (e) Publication of Guidelines.--The Attorney General shall publish \nmodel guidelines developed pursuant to subsection (a) in the Federal \nRegister.\n\n Passed the Senate October 7 (legislative day, October 2), \n 1998.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether: (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony. (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties. And (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence. Requires published guidelines to include an analysis of their estimated effect on: (1) the cost and availability of bail. And (2) the bail bond agent industry. Directs the Attorney to publish model guidelines in the Federal Register.","title":"Bounty Hunter Accountability and Quality Assistance Act of 1998","text_len":6689,"sum_len":1090} {"bill_id":"107_s2542","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Incentive Access Act of \n2002''.\n\nSEC. 2. INCENTIVE PAYMENT IN MEDICARE HEALTH PROFESSIONAL SHORTAGE \n AREAS DEMONSTRATION PROJECT.\n\n Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is \namended by adding at the end the following new section:\n\n ``incentive payments in medicare health professional shortage areas \n demonstration project\n\n ``Sec. 1897. (a) Establishment.--\n ``(1) In general.--The Secretary shall establish a \n demonstration project under which--\n ``(A) pursuant to paragraph (3), the Secretary \n designates areas in a State selected under paragraph \n (5) as medicare health professional shortage areas; and\n ``(B) an incentive payment is provided under part B \n to primary care physicians for each physician's service \n (as defined in section 1861(q)) that is furnished in a \n medicare health professional shortage area to an \n individual enrolled under such part.\n ``(2) Primary care physician defined.--For purposes of this \n section, the term `primary care physician' has the meaning \n given such term for purposes of designating health professional \n shortage areas under section 332(a) of the Public Health \n Service Act (42 U.S.C. 254e(a)).\n ``(3) Designation of areas.--The Secretary shall designate \n an area in a State selected under paragraph (5) as a medicare \n health professional shortage area if the Secretary determines, \n using the methodology established under subsection (b)(1)(B), \n that individuals enrolled under part B and residing in the area \n have inadequate access to primary care physicians.\n ``(4) Terms and conditions.--\n ``(A) Incentive payment in addition to payment \n otherwise made.--\n ``(i) In general.--Subject to clause (ii), \n the incentive payment made under the \n demonstration project for a physician's service \n shall be in addition to the amount otherwise \n made for the service under part B.\n ``(ii) No payments under the incentive \n payment program in a demonstration state during \n operation of the demonstration program.--\n Subject to subparagraph (D), notwithstanding \n section 1833(m), during the operation of the \n demonstration project in a State selected under \n paragraph (5), the Secretary may not make any \n incentive payment to any physician under such \n section for any service furnished in any part \n of such State, regardless of--\n ``(I) whether the physician is \n eligible for bonus payments under the \n demonstration program; and\n ``(II) where the service was \n furnished in the State.\n ``(B) Amount of incentive payment.--The amount of \n the incentive payment for a physician's service \n furnished under the demonstration project shall be an \n amount equal to 40 percent of the payment amount for \n the service under part B.\n ``(C) No effect on amount of coinsurance an \n individual is required to pay.--The amount of any \n coinsurance that an individual enrolled under part B is \n responsible for paying with respect to a physicians' \n service furnished to the individual shall be determined \n as if this section had not been enacted.\n ``(D) No effect on payments to critical access \n hospitals.--The amount of payment for outpatient \n critical access services of a critical access hospital \n under section 1834(g) shall be determined as if this \n section had not been enacted.\n ``(5) Demonstration sites.--The Secretary shall conduct the \n demonstration project in 5 States selected by the Secretary as \n demonstration sites.\n ``(6) Automation of incentive payments.--\n ``(A) In general.--Under the demonstration project, \n incentive payments under paragraph (1)(B) to a primary \n care physician shall be made automatically to the \n physician rather than the physician being responsible \n for determining when a payment is required to be made \n under that paragraph.\n ``(B) Incentive payment based on zip codes.--In \n order to comply with subparagraph (A), the Secretary \n shall establish procedures in which the amount of \n payment otherwise made for a physician's service is \n automatically increased by the amount of the incentive \n payment under the demonstration project if the service \n was furnished in any zip code that is entirely \nor partially in a designated medicare health professional shortage area \nin a State selected under paragraph (5).\n ``(7) Duration.--The demonstration project shall be \n conducted for a 3-year period. The period for establishing the \n methodology under subsection (b) shall not be counted for \n purposes determining such 3-year period.\n ``(b) Establishment of Methodology for Assisting Secretary in \nDesignating Medicare Health Professional Shortage Areas.--\n ``(1) In general.--The Secretary shall select 1 or more \n Federal rural health research centers within the Health \n Resources Services Administration to establish a methodology to \n assist the Secretary in designating areas within the States \n selected under subsection (a)(5) as medicare health \n professional shortage areas pursuant to subsection (a)(3).\n ``(2) Rules for establishing methodology.--\n ``(A) In general.--The methodology established \n under paragraph (1) shall address--\n ``(i) how to measure the percentage of the \n total population in an area that consists of \n individuals enrolled under part B; and\n ``(ii) the appropriate ratio of such \n individuals to primary care physicians in an \n area in order to ensure that such individuals \n have adequate access to services furnished by \n such physicians.\n ``(B) Methodology may be similar to methodologies \n used under the public health service act.--The \n methodology established under paragraph (1) may be \n similar to methodologies utilized by the Secretary for \n designating areas, and population groups within areas, \n as health professional shortage areas under section \n 332(a) of the Public Health Service Act (42 U.S.C. \n 254e(a)).\n ``(C) Consultation.--The Federal rural health \n research centers selected under paragraph (1) shall \n consult with the State and local medical societies of \n the States selected under subsection (a)(5) in \n establishing the methodology under paragraph (1).\n ``(c) No Effect on Designation as a Health Professional Shortage \nArea.--Except as provided in subsection (a)(4)(A)(ii), the designation \nof an area as a medicare health professional shortage area under \nsubsection (a)(3) shall have no effect on the designation of such area \nas a health professional shortage area under section 332(a) of the \nPublic Health Service Act (42 U.S.C. 254e(a)).\n ``(d) Waiver Authority.--The Secretary may waive such requirements \nof title XI and this title as may be necessary for the purpose of \ncarrying out the demonstration project.\n ``(e) Report.--\n ``(1) In general.--Not later than 6 months after the \n completion of the demonstration project, the Secretary shall \n submit to Congress a report on such project.\n ``(2) Contents.--The report submitted under paragraph (1) \n shall contain--\n ``(A) an evaluation of whether the demonstration \n project has had the effect of stabilizing, maintaining, \n or increasing access of individuals enrolled under part \n B to physicians' services furnished by primary care \n physicians, including whether the amount of the \n incentive payment is adequate to stabilize, maintain, \n or increase such access and if not, then what amount \n will;\n ``(B) a comparison of the effectiveness of the \n demonstration project in stabilizing, maintaining, or \n increasing such access with the effectiveness of other \n Federal, State, and local programs, such as the \n incentive program under section 1833(m), that are \n designed to stabilize, maintain, or increase such \n access;\n ``(C) recommendations for such legislation and \n administrative actions as the Secretary considers \n appropriate; and\n ``(D) any other items that the Secretary considers \n appropriate.\n ``(f) Funding.--\n ``(1) Incentive payments.--The Secretary shall use funds in \n the Federal Supplementary Medical Insurance Trust Fund under \n section 1841 to make the incentive payments under this section.\n ``(2) Establishment of methodology.--\n ``(A) In general.--There is authorized to be \n appropriated $6,000,000 to establish the methodology \n under subsection (b)(1).\n ``(B) Availability.--Any amounts appropriated \n pursuant to subparagraph (A) shall remain available \n until expended.''.","summary":"Medicare Incentive Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) part B to establish a three-year demonstration project under which the Secretary of Health and Human Services shall: (1) select one or more Federal rural health research centers within the Health Resources Services Administration to develop a methodology for designating Medicare health professional shortage areas. (2) select five States as demonstration sites and designate Medicare health professional shortage areas in them. And (3) provide incentive payments to primary care physicians to service those shortage areas.","title":"A bill to amend title XVIII of the Social Security Act to establish a medicare demonstration project under which incentive payments are provided in certain areas in order to stabilize, maintain, or increase access to primary care services for individuals enrolled under part B of such title.","text_len":10703,"sum_len":626} {"bill_id":"112_s2119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy Kids from Day One Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Preschool years are a critical time for determining \n whether or not an individual will develop obesity later in \n life.\n (2) The Journal of Clinical Pediatrics reports that the \n ``tipping point'' in obesity often occurs before 2 years of \n age, and sometimes as early as 3 months, when the child is \n learning how much and what to eat.\n (3) Aerobic fitness and healthy eating patterns support \n enhanced behavioral, emotional, and academic performance in \n school.\n (4) More than 21 percent of preschool children are \n overweight or obese.\n (5) A 2009 preschool study found that 89 percent of a \n preschooler's day is sedentary.\n (6) The amount of time children spend outdoors is dwindling \n rapidly, as evidenced by studies showing that children enjoy \n half the outdoor time they did just 20 years ago. Meanwhile, \n children are spending nearly 8 hours per day in front of \n electronic media.\n (7) Studies indicate that children who are overweight at \n age 5 are more likely to be more overweight at age 9.\n (8) Rates of obesity are higher for African-American, \n Latino, Native American, and Native Alaskan children than the \n overall population of the children in the United States.\n (9) Children who are obese have a greater likelihood of \n being obese in adulthood and developing heart disease, \n diabetes, and other chronic conditions.\n (10) In 2005, 61 percent of children from birth through age \n 6 who were not yet in kindergarten (about 12,000,000 children) \n received some form of child care on a regular basis from \n persons other than their parents.\n (11) A 2008 survey by the National Association of Child \n Care Resource and Referral Agencies reported that 93 percent of \n parents thought existing health and safety standards for child \n care should be improved.\n (12) Child care centers, family child care homes, and other \n early learning environments should serve as settings where \n children adopt healthy eating habits and have opportunities for \n age appropriate physical activity.\n (13) Age-appropriate physical activity in the outdoors, in \n particular, can produce immense physical, mental and emotional \n health benefits, including addressing childhood obesity, \n decreasing symptoms of attention deficit and hyperactivity \n disorder, improving motor skills, stimulating brain \n development, increasing creativity and quality sleep, and \n reducing the risk of developing myopia.\n (14) The governmental, nonprofit, and private sectors came \n together to launch Let's Move Child Care, a voluntary effort to \n work with child care providers to help children get off to a \n healthy start through healthy eating, physical activity, and \n screen time reduction strategies. Learning collaboratives that \n build upon these key elements will assist providers and parents \n in giving children the foundation they need for a healthy life.\n (b) Purposes.--It is the purpose of this Act to--\n (1) establish a 3-year pilot program in 5 States \n representing a diversity of rural and urban environments that \n will support child care collaboratives designed to reduce the \n prevalence of overweight\/obesity among children from birth to \n age 5 in child care settings through dissemination of available \n tools and curricula and implementation of emerging best \n practices;\n (2) enhance the focus of child care centers and family \n child care homes serving the population of children from birth \n to age 5 on the healthy development of children through \n evidence-based or data-informed policies and practices to \n improve healthy eating, physical activity, and screen time \n limits; and\n (3) upon completion of the 3-year period, terminate the \n pilot program and disseminate the best practices and lessons \n learned from the pilot program through other systems, programs, \n or partnerships.\n\nSEC. 3. HEALTHY KIDS PROGRAM.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by adding at the end the following:\n\n ``PART W--HEALTHY KIDS PROGRAM\n\n``SEC. 399OO. DEFINITIONS.\n\n ``In this part:\n ``(1) Child care center.--The term `child care center' \n means a center licensed or otherwise authorized to provide \n child care and services for fewer than 24 hours per day per \n child in a non-residential setting, unless care in excess of 24 \n hours is due to the nature of the parents' work.\n ``(2) Early learning council.--The term `early learning \n council' means an early childhood assembly that is established \n to advise governors, State legislators, or State agency \n administrators on how best to meet the needs of young children \n and their families specifically through improvement of programs \n and services.\n ``(3) Family child care home.--The term `family child care \n home' means a private family home where home-based child care \n is provided for a portion of the day, unless care in excess of \n 24 hours is due to the nature of the parents' work, and that is \n certified, registered, or licensed in the State in which it is \n located.\n ``(4) Screen time limits.--The term `screen time limits' \n means policies or guidelines, such as those developed by the \n American Academy of Pediatrics, designed to reduce the daily \n amount of time that children spend watching or looking at \n digital monitors or displays, including television sets, \n computer monitors, or hand-held gaming devices.\n ``(5) State.--Notwithstanding section 2(f), the term \n `State' means--\n ``(A) each of the several States;\n ``(B) the District of Columbia;\n ``(C) an Indian tribe or tribal organization;\n ``(D) the Commonwealth of Puerto Rico; and\n ``(E) any other territory or possession of the \n United States.\n\n``SEC. 399OO-1. GRANTS.\n\n ``(a) In General.--\n ``(1) In general.--The Secretary, in consultation with \n appropriate entities within the Department of Health and Human \n Services, shall award 3-year competitive grants to 5 eligible \n entities to help reduce and prevent obesity among the \n population of children from birth to age 5 in a State and to \n encourage parental engagement in child care settings outside a \n child's place of residence.\n ``(2) Eligible entities.--To be an eligible entity under \n paragraph (1), an entity shall be--\n ``(A) a State health department (or other \n appropriate child care licensing entities within such \n State); or\n ``(B) a nonprofit organization or a partnership of \n nonprofit organizations with expertise in the healthy \n development of children.\n ``(b) Use of Funds.--\n ``(1) In general.--Grantees shall use amounts received \n under a grant under this subsection--\n ``(A)(i) to establish one or more child care \n collaboratives consisting of the center director and \n staff members from multiple child care sites and family \n child care homes;\n ``(ii) in the case of a State grantee, to contract \n with a nonprofit organization in the State with \n expertise in the healthy development of children to \n establish the collaborative or collaboratives; or\n ``(iii) to provide funding to an entity that \n routinely trains child care providers to establish the \n collaborative or collaboratives; and\n ``(B) to provide or contract with the organizer of \n the collaborative or collaboratives to provide--\n ``(i) technical assistance, including \n onsite assistance when appropriate, to the \n child care providers participating in the \n collaborative;\n ``(ii) a compilation of best practices, \n strategies, and lessons learned from the \n collaborative, to be reported annually to the \n Secretary; and\n ``(iii) a plan to ensure that the \n collaborative will be sustainable, without \n additional Federal funding, upon the conclusion \n of the 3-year pilot program.\n ``(2) Collaboratives.--Each collaborative established under \n clause (i), (ii), or (iii) of paragraph (1)(A) shall share best \n practices, strategies, and techniques for successfully \n implementing evidence-based or data-informed policies and \n practices relating to healthy eating, physical activity, \n parental engagement, and other topics, such as breastfeeding, \n relating to the healthy development of children, using \n available curricula, tools, and other interventions.\n ``(3) Content of plan.--The plan described under paragraph \n (1)(B)(iii) may include the incorporation of the best \n practices, strategies, and techniques described in paragraph \n (2) into the training and professional development for child \n care providers in the State or other approaches determined \n appropriate by the State and the Secretary.\n ``(c) Collaborative Training Requirements.--\n ``(1) In general.--Collaboratives shall incorporate no less \n than 5 and no more than 10 daylong, interactive training \n sessions each year and ongoing technical assistance to the \n child care providers participating in the collaborative that \n include--\n ``(A) the provision and discussion of information \n concerning implementation by the child care providers \n of age-appropriate healthy eating and physical activity \n interventions, using available tools and culturally \n competent curricula for population of children from \n birth to age 5 in the State involved, which at a \n minimum shall include--\n ``(i) a handbook that includes \n recommendations, guidelines, and best practices \n for child care centers and family child care \n homes relating to healthy eating, physical \n activity, and screen time reduction;\n ``(ii) information about the availability \n of and services provided by child care health \n consultants; and\n ``(iii) health and wellness resources \n available through the Child Care Bureau, the \n Maternal and Child Health Bureau, Let's Move \n Child Care, and the Food and Nutrition Service \n of the Department of Agriculture;\n ``(B) the identification, improvement upon, and \n expansion of nutrition and physical activity best \n practices targeted to the population of children from \n birth to age 5 in the State involved and the \n identification of strategies for incorporating parental \n education and other parental engagement;\n ``(C) the identification of strategies and \n techniques for overcoming barriers to healthy eating, \n physical activity, and parental engagement; and\n ``(D) the provision of instruction and discussion \n of techniques used to appropriately model, direct, and \n encourage child care staff behavior to apply the best \n practices and strategies identified under subparagraphs \n (B) and (C).\n ``(d) Practice, Curricula, and Policy Changes.--A grantee shall \nensure that the participants involved in the collaborative, on an \nongoing basis--\n ``(1) implement policy changes that promote healthy eating, \n physical activity, and appropriate screen time limits among the \n population of children from birth to age 5;\n ``(2) utilize a culturally competent healthy eating and \n physical activity curriculum focusing on such population of \n children from birth to age 5;\n ``(3) implement programs, activities, and procedures for \n incorporating parental education and engagement of parents in \n programs; and\n ``(4) implement innovative ways to remove barriers that \n exist to providing opportunities for healthy eating and \n physical activity.\nAll activities described in this subsection shall be evidence-based and \ndata-informed and be consistent with the curriculum presented through \ntraining activities described in subsection (c).\n\n``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS.\n\n ``The Secretary shall award competitive grants to Prevention \nResearch Centers, universities, or other appropriate entities to \nevaluate the programs carried out with grants under section 399OO-1, \nincluding baseline, process, and outcome measurements.\n\n``SEC. 399OO-3. COORDINATION.\n\n ``(a) Interagency Coordination.--To the extent practicable, the \nSecretary shall coordinate activities conducted under this part with \nactivities undertaken by the National Prevention, Health Promotion and \nPublic Health Council established under section 4001 of the Patient \nProtection and Affordable Care Act.\n ``(b) Pilot Coordination.--The Secretary shall designate an entity \n(directly or through contract) to provide technical assistance to \nStates and pilot centers in the coordination of activities as described \nin subsection (a).\n\n``SEC. 399OO-4. TECHNICAL ASSISTANCE, EVALUATION, AND REPORTING.\n\n ``(a) Technical Assistance and Information.--The Secretary shall--\n ``(1) provide technical assistance to grantees and other \n entities providing training under a grant under section 399OO-\n 1; and\n ``(2) disseminate to grantees information concerning \n evidence-based or data-informed approaches, including \n dissemination of available tools, curricula, and available or \n emerging best practices that can be expanded or improved upon \n through the pilot program conducted under section 399OO-1.\n ``(b) Evaluation Requirements.--With respect to evaluations \nconducted under section 399OO-2, the Secretary shall ensure that--\n ``(1) evaluation metrics are consistent across all programs \n funded under this part;\n ``(2) interim outcomes are measured by the number of \n centers that adopt policies to increase healthy eating and \n physical activity and reduce screen time;\n ``(3) interim outcomes are measured, to the extent \n practicable, by changes in foods served, opportunities for \n physical activity, and screen time in the child care \n participants in the collaboratives established under section \n 399OO-1; and\n ``(4) upon completion of the pilot program under section \n 399OO-1, the evaluation shall include an identification of \n policies, best practices, and strategies to improve healthy \n eating, physical activity, screen time limits, and parental \n engagement that could be replicated in other child care \n settings.\n ``(c) Dissemination of Information.--Upon the conclusion of the \npilot program under section 399OO-1, the Secretary shall disseminate to \nall appropriate agencies within the Department of Health and Human \nServices evidence, strategies, best practices, and lessons learned from \ngrantees. Such agencies shall encourage the utilization of best \npractices through Federal programs and other appropriate methods.\n ``(d) Report to Congress.--Not later than 180 days after the \ncompletion of the pilot program under section 399OO-1, the Secretary \nshall submit to Congress a report concerning the evaluation of the \npilot program, including recommendations as to how lessons learned from \nsuch programs can be incorporated into future guidance documents \ndeveloped and provided by the Secretary and other Federal agencies, as \nwell as Federal programs, as appropriate.\n\n``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this part, \n$1,500,000 for each of fiscal years 2012, 2013, and 2014.''.","summary":"Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award three-year competitive grants to five eligible entities to help reduce and prevent obesity among children from birth to age five in a state and to encourage parental engagement in child care settings outside a child's place of residence. Identifies as eligible entities: (1) a state health department or other appropriate child care licensing entities within the state, or (2) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. Requires grant funds to be used to: (1) establish child care collaboratives. (2) provide funding to entities that routinely train child care providers to establish collaboratives. And (3) provide technical assistance to participating providers, a compilation of best practices, strategies, and lessons learned from the collaborative, and a plan to ensure that the collaborative will be sustainable, without additional federal funding, upon the conclusion of the grants. Requires each collaborative to: (1) share best practices, strategies, and techniques for successfully implementing policies and practices relating to healthy eating, physical activity, parental engagement, and other topics relating to the healthy development of children. And (2) incorporate between 5 and 10 day-long, interactive training sessions each year and ongoing technical assistance to participating child care providers. Directs the Secretary to: (1) award grants to Prevention Research Centers, universities, or other appropriate entities to evaluate programs carried out under such grants. (2) coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion, and Public Health Council. And (3) disseminate to all appropriate HHS agencies evidence, strategies, best practices, and lessons learned from grantees.","title":"A bill to establish a pilot program to address overweight\/obesity among children from birth to age 5 in child care settings and to encourage parental engagement.","text_len":17597,"sum_len":1986} {"bill_id":"112_hr3048","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Relief for Victims of Disasters \nAct of 2011''.\n\nSEC. 2. SPECIAL RULE FOR DETERMINING EARNED INCOME MADE APPLICABLE \n GENERALLY TO FEDERALLY DECLARED DISASTERS.\n\n (a) In General.--Section 1400S(d)(2)(A) of the Internal Revenue \nCode of 1986 is amended--\n (1) by striking ``and any'' and inserting ``any'', and\n (2) by inserting before the period at the end ``, and any \n qualified federally declared disaster individual''.\n (b) Qualified Federally Declared Disaster Individual.--Section \n1400S(d)(2) of the Internal Revenue Code of 1986 is amended by adding \nat the end the following:\n ``(E) Qualified federally declared disaster \n individual.--The term `qualified federally declared \n disaster individual' means with respect to a federally \n declared disaster occurring after December 31, 2010, \n and before January 1, 2013, any individual--\n ``(i) whose principal place of abode on the \n applicable date was located in the disaster \n area and such individual was displaced from \n such principal place of abode by reason of the \n federally declared disaster, or\n ``(ii) who performed substantially all \n employment services in the disaster area and \n was so employed on the applicable date.\n For purposes of the preceding sentence and paragraph \n (3)(D), the terms `federally declared disaster' and \n `disaster area' have the meanings given such terms in \n section 165(h)(3).''.\n (c) Applicable Date.--Section 1400S(d)(3) of the Internal Revenue \nCode of 1986 is amended by striking ``and'' at the end of subparagraph \n(B), by striking the period at the end of subparagraph (C) and \ninserting ``, and'', and by inserting after subparagraph (C) the \nfollowing:\n ``(D) in the case of a qualified federally declared \n disaster individual, the date of the federally declared \n disaster.''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to federally declared disasters occurring after \nDecember 31, 2010.\n\nSEC. 3. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS.\n\n (a) In General.--Section 1400S(b) of the Internal Revenue Code of \n1986 is amended--\n (1) by striking ``and (2)(A)'' in the matter preceding \n paragraph (1) and inserting ``, (2)(A), and (3)'',\n (2) by striking ``or'' at the end of paragraph (2),\n (3) by striking the period at the end of paragraph (3) and \n inserting ``, or'', and\n (4) by inserting after paragraph (3) the following new \n paragraph:\n ``(4) which arise in the disaster area (as defined in \n section 165(h)(3)(C)(ii)) and which are attributable to a \n federally declared disaster (as defined in section \n 165(h)(3)(C)(i)) occurring after December 31, 2010, and before \n January 1, 2013.''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to federally declared disasters occurring after \nDecember 31, 2010.\n\nSEC. 4. ADDITIONAL EXEMPTION FOR HOUSING QUALIFIED FEDERALLY DECLARED \n DISASTER DISPLACED INDIVIDUALS.\n\n (a) In General.--In the case of taxable years of a natural person \nbeginning in 2011 or 2012, for purposes of the Internal Revenue Code of \n1986, taxable income shall be reduced by $500 for each qualified \nfederally declared disaster displaced individual of the taxpayer for \nthe taxable year.\n (b) Limitations.--\n (1) Dollar limitation.--The reduction under subsection (a) \n shall not exceed $2,000, reduced by the amount of the reduction \n under this section for all prior taxable years.\n (2) Individuals taken into account only once.--An \n individual shall not be taken into account under subsection (a) \n if such individual was taken into account under such subsection \n by the taxpayer for any prior taxable year.\n (3) Identifying information required.--An individual shall \n not be taken into account under subsection (a) for a taxable \n year unless the taxpayer identification number of such \n individual is included on the return of the taxpayer for such \n taxable year.\n (c) Qualified Federally Declared Disaster Displaced Individual.--\nFor purposes of this section, the term ``qualified federally declared \ndisaster displaced individual'' means, with respect to any taxpayer for \nany taxable year, any qualified federally declared disaster individual \n(as defined in section 1400S(d)(2)(E)(i)) if such individual is \nprovided housing free of charge by the taxpayer in the principal \nresidence of the taxpayer for a period of 60 consecutive days which \nends in such taxable year. Such term shall not include the spouse or \nany dependent of the taxpayer.\n (d) Compensation for Housing.--No deduction shall be allowed under \nthis section if the taxpayer receives any rent or other amount (from \nany source) in connection with the providing of such housing.","summary":"Tax Relief for Victims of Disasters Act of 2011 - Amends the Internal Revenue Code to extend disaster-related tax provisions relating to the child tax credit and the earned income tax credit, losses, and the individual tax exemption to a qualified federally declared disaster individual .","title":"To amend the Internal Revenue Code of 1986 to provide a look back rule in the case of federally declared disasters for determining earned income for purposes of the child tax credit and the earned income credit, and for other purposes.","text_len":5411,"sum_len":288} {"bill_id":"104_hr3872","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``White House Inspector General Act of \n1996''.\n\nSEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE \n PRESIDENT.\n\n (a) Establishment of Office.--Section 11 of the Inspector General \nAct of 1978 (5 U.S.C. App.) is amended--\n (1) in paragraph (1) by inserting ``the President (with \n respect only to the Executive Office of the President),'' after \n ``means''; and\n (2) in paragraph (2) by inserting ``the Executive Office of \n the President,'' after ``means''.\n (b) Appointment of Inspector General.--Not later than 120 days \nafter the effective date of this Act, the President shall nominate an \nindividual as the Inspector General of the Executive Office of the \nPresident pursuant to the amendments made by subsection (a).\n\nSEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE \n EXECUTIVE OFFICE OF THE PRESIDENT.\n\n The Inspector General Act of 1978 (5 U.S.C. App.) is amended--\n (1) by redesignating the second section 8G (regarding a \n rule of construction) as section 8I; and\n (2) by inserting after the first section 8G (regarding \n requirements for Federal entities and designated Federal \n entities) the following:\n\n``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE \n EXECUTIVE OFFICE OF THE PRESIDENT.\n\n ``(a) Authority, Direction, and Control of President.--\nNotwithstanding the last 2 sentences of section 3(a), the Inspector \nGeneral of the Executive Office of the President shall be under the \nauthority, direction, and control of the President with respect to \naudits or investigations, or the issuance of subpoenas, which require \naccess to information concerning--\n ``(1) ongoing criminal investigations or proceedings;\n ``(2) undercover operations;\n ``(3) the identity of confidential sources, including \n protected witnesses;\n ``(4) deliberations and decisions on policy matters, \n including documented information used as a basis for making \n policy decisions;\n ``(5) intelligence or counterintelligence matters; or\n ``(6) other matters the disclosure of which would \n constitute a serious threat to the national security, or would \n cause significant impairment to the national interests \n (including interests in foreign trade negotiations), of the \n United States.\n ``(b) Prohibiting Activities of Inspector General.--With respect to \ninformation described in subsection (a), the President may prohibit the \nInspector General of the Executive Office of the President from \ncarrying out or completing any audit or investigation, or issuing any \nsubpoena, after the Inspector General has decided to initiate, carry \nout, or complete such audit or investigation or to issue such subpoena, \nif the President determines that--\n ``(1) the disclosure of that information would interfere \n with the core functions of the constitutional responsibilities \n of the President; and\n ``(2) the prohibition is necessary to prevent the \n disclosure of that information.\n ``(c) Notice.--\n ``(1) Notice to inspector general.--If the President makes \n a determination referred to in subsection (b)(1) or (2), the \n President shall within 30 days notify the Inspector General in \n writing stating the reasons for that determination.\n ``(2) Notice to congress.--Within 30 days after receiving a \n notice under paragraph (1), the Inspector General shall \n transmit a copy of the notice to each of the Chairman and the \n ranking minority party member of the Committee on Government \n Reform and Oversight of the House of Representatives, the \n Committee on Governmental Affairs of the Senate, and other \n appropriate committees or subcommittees of the Congress.\n ``(d) Semiannual Reports.--\n ``(1) Information to be included.--The Inspector General of \n the Executive Office of the President shall include in each \n semiannual report to the President under section 5, at a \n minimum--\n ``(A) a list of the title or subject of each \n inspection, investigation, or audit conducted during \n the reporting period;\n ``(B) a statement of whether corrective action has \n been completed on each significant recommendation \n described in previous semiannual reports, and, in a \n case where corrective action has been completed, a \n description of such corrective action;\n ``(C) a certification that the Inspector General \n has had full and direct access to all information \n relevant to the performance of functions of the \n Inspector General;\n ``(D) a description of all cases occurring during \n the reporting period in which the Inspector General \n could not obtain documentary evidence relevant to any \n inspection, audit, or investigation due to a \n determination of the President under subsection (b); \n and\n ``(E) such recommendations as the Inspector General \n considers appropriate concerning legislation to promote \n economy and efficiency in the administration of \n programs and operations undertaken by the Executive \n Office of the President, and to detect and eliminate \n fraud, waste, and abuse in such programs and \n operations.\n ``(2) Transmission to congress.--Within 30 days after \n receiving a semiannual report under section 5 from the \n Inspector General of the Executive Office of the President, the \n President shall transmit the report to each of the Chairman and \n the ranking minority party member of the Committee on \n Government Reform and Oversight of the House of Representatives \n and the Committee on Governmental Affairs of the Senate with \n any comments the President considers appropriate.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act shall take effect on January 21, 1997.","summary":"White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President. (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security. And (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well.","title":"White House Inspector General Act of 1996","text_len":6475,"sum_len":553} {"bill_id":"105_hr4124","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``E-Mail User Protection Act of \n1998''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Internet has become a critical mode of global \n communication and now presents unprecedented opportunities for \n the development and growth of global commerce and an integrated \n worldwide economy.\n (2) The receipt of unsolicited commercial e-mail may result \n in undue monetary costs to recipients who cannot refuse to \n accept such mail and who incur costs for the storage of such \n mail, or for the time spent accessing, reviewing, and \n discarding such mail, or for both.\n (3) An increasing number of senders of unsolicited \n commercial e-mail purposefully disguise the source of such mail \n so as to prevent recipients from responding to such mail \n quickly and easily.\n (4) Because recipients of unsolicited commercial e-mail \n that does not provide a return address are unable to avoid the \n receipt of such mail through reasonable means, such mail may \n threaten the privacy of recipients.\n (5) By providing remedies similar to those provided with \n respect to unsolicited facsimile transmissions and automated \n dialing equipment in the Telephone Consumer Protection Act of \n 1991, the Congress can provide privacy protections without \n infringing important Constitutional rights or imperiling the \n commercial development of the Internet.\n\nSEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.\n\n Part 1 of title II of the Communications Act of 1934 is amended by \ninserting after section 230 (47 U.S.C. 230) the following new section:\n\n``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.\n\n ``(a) Violations Directed at Interactive Computer Services.--\n ``(1) For purposes of this subsection, a violation is \n defined as each initiation of a transmission without regard to \n the number of electronic mail addresses to which the \n transmission is sent.\n ``(2) It shall be a violation of this Act, punishable under \n subsection (c)(1), for any person--\n ``(A) to intentionally initiate the transmission of \n an unsolicited commercial e-mail message from an \n unregistered or fictitious Internet domain, or an \n unregistered or fictitious electronic mail address, for \n the purpose of--\n ``(i) preventing replies to such message \n through the use of standard reply mechanisms in \n the recipient's electronic mail system, or\n ``(ii) preventing receipt of standard \n notices of non-delivery;\n ``(B) to intentionally use or distribute a computer \n program or other technical mechanism or procedure \n intending to disguise the source of unsolicited \n commercial e-mail messages or to disable or circumvent \n a mail filtering tool;\n ``(C) to intentionally distribute, through computer \n software or in any other manner, a collection or list \n of electronic mail addresses knowing that the \n collection or list contains addresses of persons who \nhave previously requested removal from the list;\n ``(D) to intentionally register, create, or cause \n to be created an Internet domain under false pretenses \n or to apply for, register, or otherwise obtain the use \n of an Internet electronic mail account for the sole or \n primary purpose of disguising the source of unsolicited \n electronic mail messages;\n ``(E) to direct an unsolicited commercial e-mail \n message through the server of an interactive computer \n service provider to one or more subscribers of the \n interactive computer service, knowing or having reason \n to know that such action is in contravention of the \n rules of the interactive computer service with respect \n to unsolicited commercial e-mail messages;\n ``(F) knowing or having reason to know that such \n action is in contravention of the rules of an \n interactive computer service, to access the server of \n such interactive computer service and to use a computer \n program to collect electronic mail addresses of \n subscribers of the interactive computer service for the \n purpose of sending such subscribers unsolicited \n commercial e-mail or selling or distributing the list \n thereby collected or obtained.\n ``(b) Violations Directed at Individuals.--\n ``(1) For purposes of this subsection, a violation is \n defined as each electronic mail address which receives a \n transmission.\n ``(2) It shall be a violation of this Act, punishable under \n subsection (c)(2), for any person--\n ``(A) to fail to comply with the request of the \n recipient of an electronic mail message, made to the \n sender or mailing list manager, as appropriate, to \n cease sending electronic messages to the recipient in \n the future; or\n ``(B) to initiate the transmission of an \n unsolicited commercial e-mail message to a recipient \n despite having been given prior notice (either directly \n or through a standard method developed, adopted, or \n modified by an Internet standard setting organization, \n such as the Internet Engineering Task Force, to better \n facilitate pre-emptive consumer control over \n unsolicited, commercial e-mail) that the recipient does \n not wish to receive such messages.\n ``(c) Liability for Violations.--Any person or entity who violates \nany provision of subsection (a) or (b) shall be liable to any injured \nparty for such relief as is set out below.\n ``(1) Relief for interactive computer services.--In an \n action under this section for violation of subsection (a), \n relief may include--\n ``(A) such preliminary and other equitable or \n declaratory relief as may be appropriate;\n ``(B) for actual monetary loss from a violation, \n statutory damages of not more than $10,000 for each \n violation, and, if the court finds that the defendant's \n actions were particularly egregious, willful, or \n knowing, the court may, in its discretion, increase the \n amount of an award to an amount equal to not more than \n10 times the amount available hereunder, and\n ``(C) reasonable attorneys' fees and other \n litigation costs reasonably incurred.\n ``(2) Relief for individuals.--\n ``(A) In an action under this section for violation \n of subsection (b), relief shall be sought in an action \n brought by the attorney general of one or more states.\n ``(B) Whenever the attorney general of a State, or \n an official or agency designated by a State, has reason \n to believe that any person has engaged or is engaging \n in a pattern or practice of transmitting unsolicited \n commercial e-mail to residents of that State in \n violation of this section or the regulations prescribed \n under this section, the State may bring a civil action \n on behalf of its residents for such relief as may be \n appropriate.\n ``(C) In an action under this subsection, \n appropriate relief includes--\n ``(i) an injunction or such preliminary and \n other equitable or declaratory relief as may be \n appropriate;\n ``(ii) an action to recover statutory $500 \n in damages for each violation; or\n ``(iii) both such actions.\n ``(D) If the court finds the defendant's actions \n were particularly egregious, willful, or knowing, the \n court may, in its discretion, increase the amount of \n the award to an amount equal to not more than ten times \n the amount available in (C).\n ``(E) reasonable attorneys' fees and other \n litigation costs reasonably occurred.\n ``(d) State Law.--Nothing in this Act shall be construed to prevent \nany State from enforcing any State law that is consistent with this \nAct. No cause of action may be brought and no liability may be imposed \nunder any State or local law that is inconsistent with this Act.\n ``(e) Definitions.--In this Act:\n ``(1) Electronic mail address.--\n ``(A) In general.--The term `electronic mail \n address' means a destination (commonly expressed as a \n string of characters) to which electronic mail can be \n sent or delivered.\n ``(B) Inclusion.--In the case of the Internet, the \n term `electronic mail address' may include an \n electronic mail address consisting of a user name of \n mailbox (commonly referred to as the `local part') and \n a reference to an Internet domain (commonly referred to \n as the `domain part').\n ``(2) Initiates the transmission.--The term `initiates the \n transmission', in the case of an electronic mail message, \n refers to the action of the original sender of the message and \n not to any intervening computer service that may handle or \n retransmit the message, unless the intervening computer service \n retransmits the message with an intent to engage in activities \n prohibited by this Act.\n ``(3) Interactive computer service.--The term `interactive \n computer service' has the meaning given that term in section \n 230(c)(2) of the Communications Act of 1934 (47 U.S.C. \n 230(e)(2)).\n ``(4) Internet.--The term `Internet' has the meaning given \n that term in section 230(c)(1) of the Communications Act of \n 1934 (47 U.S.C. 230(c)(1)).\n ``(5) Internet domain.--The term `Internet domain' refers \n to a specific computer system (commonly referred to as a \n `host') or collection of computer systems attached to or able \n to be referenced from the Internet which are assigned a \n specific reference point on the Internet (commonly referred to \n as the `Internet domain name') and registered with an \n organization recognized by the computer industry as a \n registrant of Internet domains.\n ``(6) Mailing list.--The term `mailing list' refers to a \n computer program that provides electronic mailing list \n management functions, including functions that allow \n individuals to subscribe and unsubscribe to and from electronic \n mailing lists.\n ``(7) Mail filtering tool.--The term `mail filtering tool' \n means any computer program, procedure, or mechanism used by an \n individual recipient or interactive computer service to block, \n return, reroute, or otherwise screen or sort incoming \n electronic mail messages.\n ``(8) Servers.--The term `server' refers to any computer or \n program that provides support or services of any kind, \n including electronic mailboxes, to other computers.\n ``(9) Unsolicited commercial e-mail message.--The term \n `unsolicited commercial e-mail message' means any electronic \n mail other than--\n ``(A) electronic mail sent by persons to recipients \n with whom they have a direct or indirect relationship, \n including a prior business relationship; or\n ``(B) mail sent by a source to a recipient where \n such recipient, or someone authorized by him, has at \n any time affirmatively requested communications from \n that source.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The provisions of this Act shall take effect 45 days after the date \nof enactment of this Act.","summary":"E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from: (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms. (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail. (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list. (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages. (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages. Or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers. Considers each transmission received by an individual to be a separate violation for purposes of this Act. Provides appropriate relief for both individuals and service providers. Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief.","title":"E-Mail User Protection Act of 1998","text_len":13033,"sum_len":1547} {"bill_id":"110_hr6773","text":"SECTION 1. FUEL ECONOMY TAX CREDIT.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25E the following new section:\n\n``SEC. 25E. FUEL ECONOMY TAX CREDIT.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to the product of--\n ``(1) $100, multiplied by\n ``(2) each mile per gallon (or portion thereof) for which \n the mile per gallon highway rating of a qualified vehicle \n placed in service by the taxpayer during the taxable year \n exceeds the CAFE standard applicable to such vehicle.\n ``(b) Limitations.--\n ``(1) Limitation based on fuel efficiency.--In the case of \n any vehicle for which the mile per gallon highway rating \n exceeds 50 miles per gallon, paragraph (2) shall be applied by \n treating the the mile per gallon highway rating of such vehicle \n as 50 miles per gallon.\n ``(2) Limitation based on adjusted gross income.--The \n amount of the credit allowed by subsection (a) (determined \n without regard to this subsection) shall be reduced (but not \n below zero) by 5 percent for each $1,000 (or fraction thereof) \n by which the taxpayer's adjusted gross income exceeds $150,000.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Highway rating of qualified vehicle.--The highway \n rating of a qualified vehicle shall be the rating determined by \n the Secretary of Transportation for such vehicle.\n ``(2) Qualified vehicle.--The term `qualified vehicle' \n means a motor vehicle which is a passenger automobile or a \n light truck--\n ``(A) the original use of which commences with the \n taxpayer,\n ``(B) which is acquired for use or lease by the \n taxpayer and not for resale, and\n ``(C) which is made by a manufacturer.\n ``(3) CAFE standard.--The term `CAFE standard' means the \n average fuel economy level established under chapter 329 of \n title 49, United States Code.\n ``(4) Motor vehicle.--The term `motor vehicle' has the \n meaning given such term by section 30(c)(2).\n ``(5) Other terms.--The terms `passenger automobile', \n `light truck', and ``manufacturer'' have the meanings given \n such terms in regulations prescribed by the Administrator of \n the Environmental Protection Agency for purposes of the \n administration of title II of the Clean Air Act (42 U.S.C. 7521 \n et seq.).\n ``(d) Special Rules.--\n ``(1) Reduction in basis.--For purposes of this subtitle, \n the basis of any property for which a credit is allowable under \n subsection (a) shall be reduced by the amount of such credit so \n allowed (determined without regard to subsection (g)).\n ``(2) No double benefit.--The amount of any deduction or \n other credit allowable under this chapter for the taxable year \n with respect to any vehicle shall be reduced by the amount of \n credit allowed under subsection (a) for such vehicle for the \n taxable year.\n ``(3) Property used outside united states, etc., not \n qualified.--No credit shall be allowable under subsection (a) \n with respect to any property referred to in section 50(b)(1) or \n with respect to the portion of the cost of any property taken \n into account under section 179.\n ``(4) Recapture.--The Secretary shall, by regulations, \n provide for recapturing the benefit of any credit allowable \n under subsection (a) with respect to any property which ceases \n to be property eligible for such credit (including recapture in \n the case of a lease period of less than the economic life of a \n vehicle).\n ``(5) Election to not take credit.--No credit shall be \n allowed under subsection (a) for any vehicle if the taxpayer \n elects to not have this section apply to such vehicle.''.\n (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25D the following new \nitem:\n\n``Sec. 25E. Fuel economy tax credit.''.\n (c) Termination of Alternative Motor Vehicle Credit.--Subsection \n(j) of section 30B of the Internal Revenue Code of 1986 is amended to \nread as follows:\n ``(j) Termination.--This section shall not apply to any property \npurchased after the date of the enactment of this subsection.''.\n (d) Effective Date.--The amendments made by this section shall \napply to vehicles placed in service after the date of the enactment of \nthis Act in taxable years ending after such date.","summary":"Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles.","title":"To amend the Internal Revenue Code of 1986 to provide a tax credit to consumers based on fuel economy.","text_len":5033,"sum_len":239} {"bill_id":"110_hr3168","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Path to Success: Gang Prevention \nthrough Community Partnerships Act''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to encourage community supported \nprograms that--\n (1) leverage and enhance community support for at-risk \n young adults by facilitating the transition of such young \n adults who are eligible individuals into productive learning \n environments where such young adults can obtain the life, \n social, academic and vocational skills and credentials \n necessary to strengthen the Nation's workforce;\n (2) provide counseling, as appropriate, for eligible \n individuals participating in the programs to allow such \n individuals to build a relationship with one or more guidance \n counselors during the period that the individuals are enrolled \n in the programs, including providing referrals and connections \n to community resources that help eligible individuals \n transition back into the community with the necessary life, \n social, academic and vocational skills after being in \n detention, or incarcerated, particularly resources related to \n health, housing, job training, and work-place readiness;\n (3) provide training and education for eligible individuals \n participating in the programs, to allow such individuals to \n assist community officials and law enforcement agencies with \n the deterrence and prevention of gang and youth violence by \n participating in seminars, training, and workshops throughout \n the community; and\n (4) provide each eligible youth participating in the \n programs with individual attention based on a curriculum that \n matches the interests and abilities of the individual to the \n resources of the program.\n\nSEC. 3. REENTRY EDUCATION PROGRAM.\n\n (a) Grant Program Established.--The Secretary of Education is \nauthorized to award grants to community colleges to enter into and \nmaintain partnerships with juvenile detention centers and secure \njuvenile justice residential facilities to provide assistance, \nservices, and education to eligible individuals who reenter the \ncommunity and pursue, in accordance with the requirements of this Act, \nat least one of the following:\n (1) A certificate of graduation from a school providing \n secondary education, a general equivalency diploma (GED), or \n another recognized equivalent of such a certificate or diploma.\n (2) A certificate of completion for a specialized area of \n study, such as vocational training and other alternative post-\n secondary educational programs.\n (3) An associate's degree.\n (b) Grant Period.--A grant awarded under this Act shall be for one \n2-year period, and may be renewed for an additional period as the \nSecretary determines to be appropriate.\n (c) Application.--A community college desiring to receive a grant \nunder this section shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nshall require, which shall include--\n (1) an assessment of the existing community resources \n available to serve at-risk youth;\n (2) a detailed description of the program and activities \n the community college will carry out with such grant; and\n (3) a proposed budget describing how the community college \n will use the funds made available by such grant.\n (d) Priority.--In awarding grants under this section, the Secretary \nof Education shall give priority to community colleges that accept the \nhighest number of eligible individuals from high-risk areas, and among \nsuch community colleges, shall give priority to community colleges that \nthe Secretary determines will best carry out the purposes of this Act, \nbased on the applications submitted in accordance with subsection (c).\n\nSEC. 4. ALLOWABLE USES OF FUNDS.\n\n A community college awarded a grant under this Act may use such \ngrant to--\n (1) pay for tuition and transportation costs of eligible \n individuals;\n (2) establish and carry out an education program that \n includes classes for eligible individuals that--\n (A) provide marketable life and social skills to \n such individuals;\n (B) meet the education program requirements under \n section 5;\n (C) promote the civic engagement of such \n individuals; and\n (D) facilitate a smooth reentry of such individuals \n into the community;\n (3) create and carry out a mentoring program--\n (A) that is specifically designed to help eligible \n individuals with the potential challenges of the \n transitional period from detention to release;\n (B) is created in consultation with guidance \n counselors, academic advisors, law enforcement \n officials, and other community resources; and\n (C) that is administered by a program coordinator, \n selected and employed by the community college, who \n shall oversee each individual's development and shall \n serve as the immediate supervisor and reporting officer \n to whom the academic advisors, guidance counselors, and \n volunteers shall report regarding the progress of each \n such individual;\n (4) facilitate employment opportunities for eligible \n individuals by entering into partnerships with public and \n private entities to provide opportunities for internships, \n apprenticeships, and permanent employment, as possible, for \n such individuals; and\n (5) provide training for eligible individuals participating \n in the programs, to allow such individuals to assist community \n officials and law enforcement agencies with the deterrence and \n prevention of gang and youth violence by participating in \n seminars and workshop series throughout the community.\n\nSEC. 5. EDUCATION PROGRAM REQUIREMENTS.\n\n An education program established and carried out under section 4 \nshall--\n (1) include classes that are required for completion of a \n certificate, diploma, or degree described in paragraphs (1) \n through (3) of section 3(a);\n (2) provide a variety of academic programs, with various \n completion requirements, to accommodate the distinctive \n academic backgrounds, learning curves, and concentration \n interests of the eligible individuals who participate in the \n program;\n (3) offer flexible academic programs that are designed to \n improve the academic development and achievement of eligible \n individuals, and to avoid high attrition rates for such \n individuals; and\n (4) provide for a uniquely designed education plan for each \n eligible individual participating in the program, which shall \n require such individual to receive, at a minimum, a certificate \n or diploma described in paragraph (1) of section 3(a) to \n successfully complete such program.\n\nSEC. 6. REPORTS.\n\n Each community college awarded a grant under this Act shall submit \nto the Secretary of Education a report--\n (1) documenting the results of the program carried out with \n such grant; and\n (2) evaluating the effectiveness of activities carried out \n through such program.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Community college.--The term ``community college'' \n means a public or nonprofit institution of higher education (as \n such term is defined in section 101 or 102(a)(2)(B) of the \n Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(2)(B)), \n that--\n (A) provides an educational program of not less \n than two years; and\n (B) that is accredited by a regional accrediting \n agency or association.\n (2) Eligible individual.--The term ``eligible individual'' \n means an individual who--\n (A) is 16 to 19 years of age;\n (B) has been convicted of a gang-related offense, \n and has served a period of detention in a juvenile \n detention center for such offense; and\n (C) is detained in, or has been released from such \n center.\n (3) Gang-related offense.--The term ``gang-related \n offense'' means conduct constituting any Federal or State \n crime, punishable by imprisonment in any of the following \n categories:\n (A) A crime of violence.\n (B) A crime involving obstruction of justice, \n tampering with or retaliating against a witness, \n victim, or informant, or burglary.\n (C) A crime involving the manufacturing, importing, \n distributing, possessing with intent to distribute, or \n otherwise dealing in a controlled substance or listed \n chemical (as those terms are defined in section 102 of \n the Controlled Substances Act (21 U.S.C. 802)).\n (4) Guidance counselor.--The term ``guidance counselor'' \n means an individual who works with at-risk youth on a one-on-\n one basis, to establishing a supportive relationship with such \n at-risk youth and to provide such at-risk youth with academic \n assistance and exposure to new experiences that enhance their \n ability to become responsible citizens.\n (5) High-risk area.--The term ``high-risk area'' means a \n specified area within a State where there is a \n disproportionately high number of gang-related activities \n reported to State and local law enforcement authorities.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$20,000,000 for the period beginning with fiscal year 2008 and ending \nwith fiscal year 2010.","summary":"Path to Success: Gang Prevention through Community Partnerships Act - Authorizes the Secretary of Education to award grants to community colleges to establish partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to individuals age 16 through 19 who have served or are serving time in juvenile detention facilities for a gang-related offense who reenter the community and pursue: (1) a secondary education graduation certificate, a general equivalency diploma (GED), or equivalent certificate or diploma. (2) a certificate of completion for a specialized area of study. Or (3) an associate's degree. Requires such education programs to establish a uniquely designed education plan for each individual program participant that requires the individual to receive at least a secondary education certificate or diploma in order to complete the program successfully.","title":"To establish an educational mentoring pilot program for at-risk youth through community partnerships that provides life, social, academic and vocational skills necessary for youth to become productive law abiding citizens.","text_len":10490,"sum_len":950} {"bill_id":"109_s2410","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Investment Transparency and \nSecurity Act of 2006''.\n\nSEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED \n STATES CRITICAL INFRASTRUCTURE.\n\n (a) In General.--Title II of the Homeland Security Act of 2002 (6 \nU.S.C. 201 et seq.) is amended by adding at the end the following:\n\n ``Subtitle E--Limits on Foreign Control of Investments in Certain \n United States Critical Infrastructure\n\n``SEC. 241. DEFINITIONS.\n\n ``As used in this subtitle--\n ``(1) the term `foreign government controlled entity' means \n any entity in which a foreign government owns a majority \n interest, or otherwise controls or manages the entity; and\n ``(2) the term `general business corporation' means any \n entity that qualifies for treatment for Federal taxation \n purposes under subchapter C or subchapter S of the Internal \n Revenue Code of 1986, established or organized under the laws \n of any State.\n\n``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS.\n\n ``(a) In General.--A foreign government controlled entity may \nacquire, own, or otherwise control or manage any critical \ninfrastructure of the United States only through the establishment or \noperation of a foreign owned general business corporation that meets \nthe requirements of subsection (b).\n ``(b) Requirements.--For purposes of this section, a general \nbusiness corporation shall--\n ``(1) have a board of directors, the majority of which is \n comprised of United States citizens;\n ``(2) have a chief security officer who is a United States \n citizen, responsible for safety and security issues related to \n the critical infrastructure; and\n ``(3) maintain all records related to operations, \n personnel, and security of the United States general business \n corporation in the United States.\n ``(c) Rule of Construction.--Nothing in this subtitle may be \nconstrued to restrict or otherwise alter the authority of the President \nor the Committee on Foreign Investment in the United States (or any \nsuccessor thereto) as the designee of the President, under section 721 \nof the Defense Production Act of 1950.\n\n``SEC. 243. REGULATIONS REQUIRED.\n\n ``Not later than 6 months after the date of enactment of this \nsubtitle, the Secretary, in coordination with the Secretary of the \nTreasury, shall promulgate final regulations to carry out this \nsubtitle.\n\n``SEC. 244. EFFECTIVE DATE.\n\n ``(a) In General.--Section 242 shall apply beginning on the date \nthat is 6 months after the date of enactment of this subtitle.\n ``(b) Existing Entities.--A foreign government controlled entity \nthat owns or otherwise controls or manages any critical infrastructure \nof the United States on the effective date of this subtitle shall \ncomply with the requirements of this subtitle not later than 180 days \nafter that effective date.''.\n (b) Conforming Amendment.--The table of contents under section 1(b) \nof the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by \ninserting after the item relating to section 237 the following:\n\n ``Subtitle E--Limits on Foreign Control of Investments in Certain \n United States Critical Infrastructure\n\n ``Sec. 241. Definitions.\n ``Sec. 242. Limitation on foreign investments.\n ``Sec. 243. Regulations required.\n ``Sec. 244. Effective date.''.\n\nSEC. 3. MARITIME SECURITY.\n\n (a) Findings.--Congress finds that--\n (1) existing scanning processes for maritime containers are \n insufficient;\n (2) it should be the goal of the United States to scan 100 \n percent of inbound maritime containers; and\n (3) the maritime container inspection system employed in \n Hong Kong shows promise in enhancing the maritime security \n capabilities of the United States.\n (b) Amendments to Homeland Security Act.--\n (1) In general.--Subtitle A of title IV of the Homeland \n Security Act (6 U.S.C. 201 et seq.) is amended by adding at the \n end the following:\n\n``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS.\n\n ``(a) Report to Congress.--Not later than 90 days after the date of \nenactment of this section, the Secretary shall submit a report to \nCongress detailing the processes and policies for implementation of a \nscanning system for 100 percent of the inbound maritime containers \ndescribed in subsection (a).\n ``(b) Definition of Container.--The term `container' has the \nmeaning given the term in the International Convention for Safe \nContainers, with annexes, done at Geneva December 2, 1972 (29 UST \n3707).''.\n (2) Conforming amendment.--The table of contents under \n section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. \n 101) is amended by inserting after the item relating to section \n 403 the following:\n\n ``Sec. 404. Report on scanning of maritime containers.''.","summary":"Foreign Investment Transparency and Security Act of 2006 - Amends the Homeland Security Act of 2002 to provide that a foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets specified requirements. Requires a majority of the board of directors of such a corporation and its chief security officer to be US citizens. Directs the Secretary of Homeland Security to report to Congress on the processes and policies for implementation of a scanning system for 100 of all inbound maritime containers.","title":"A bill to amend the Homeland Security Act of 2002 to limit foreign control of investments in certain United States critical infrastructure.","text_len":5087,"sum_len":676} {"bill_id":"106_s996","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Students Learning in Safe Schools \nAct of 1999''.\n\nSEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SAFETY EQUIPMENT.\n\n (a) In General.--Part Y of title I of the Omnibus Crime Control and \nSafe Streets Act of 1968 is amended--\n (1) by striking the part designation and part heading and \n inserting the following:\n\n ``PART Y--MATCHING GRANT PROGRAMS\n\n ``Subpart A--Grant Program For Armor Vests'';\n\n (2) by striking ``this part'' each place that term appears \n and inserting ``this subpart''; and\n (3) by adding at the end the following:\n\n ``Subpart B--Grant Program For School Safety Equipment\n\n``SEC. 2511. PROGRAM AUTHORIZED.\n\n ``(a) In General.--The Director of the Bureau of Justice Assistance \nis authorized to make grants to States, units of local government, \nIndian tribes, and local educational agencies to purchase school safety \nequipment for use in and near elementary and secondary schools.\n ``(b) Uses of Funds.--Grants awarded under this section shall be--\n ``(1) distributed directly to the State, unit of local \n government, Indian tribe, or local educational agency, as \n applicable; and\n ``(2) used for the purchase of school safety equipment for \n use in elementary and secondary schools in the jurisdiction of \n the grantee.\n ``(c) Preferential Consideration.--In awarding grants under this \nsubpart, the Director of the Bureau of Justice Assistance may give \npreferential consideration, if feasible, to an application from a \njurisdiction that--\n ``(1) has the greatest need for school safety equipment, \n based on the percentage of elementary and secondary schools in \n the jurisdiction of the applicant that do not have access to \n such equipment;\n ``(2) has a violent crime rate at or above the national \n average as determined by the Federal Bureau of Investigation; \n or\n ``(3) has not received a block grant under the Local Law \n Enforcement Block Grant program described under the heading \n `Violent Crime Reduction Programs, State and Local Law \n Enforcement Assistance' of the Departments of Commerce, \n Justice, and State, the Judiciary, and Related Agencies \n Appropriations Act, 1998 (Public Law 105-119).\n ``(d) Minimum Amount.--Unless all eligible applications submitted \nby any State or unit of local government within such State for a grant \nunder this section have been funded, such State, together with grantees \nwithin the State (other than Indian tribes), shall be allocated in each \nfiscal year under this section not less than 0.50 percent of the total \namount appropriated in the fiscal year for grants pursuant to this \nsection except that the United States Virgin Islands, American Samoa, \nGuam, and the Northern Mariana Islands shall each be allocated .25 \npercent.\n ``(e) Maximum Amount.--A qualifying State, unit of local \ngovernment, Indian tribe, or local educational agency may not receive \nmore than 5 percent of the total amount appropriated in each fiscal \nyear for grants under this section, except that a State, together with \nthe grantees within the State may not receive more than 20 percent of \nthe total amount appropriated in each fiscal year for grants under this \nsection.\n ``(f) Matching Funds.--The portion of the costs of a program \nprovided by a grant under subsection (a) may not exceed 50 percent. Any \nfunds appropriated by Congress for the activities of any agency of an \nIndian tribal government or the Bureau of Indian Affairs performing law \nenforcement functions on any Indian lands may be used to provide the \nnon-Federal share of a matching requirement funded under this \nsubsection.\n ``(g) Allocation of Funds.--Not less than 50 percent of the total \namount made available to carry out this subpart in each fiscal year \nshall be awarded to units of local government with fewer than 100,000 \nresidents.\n\n``SEC. 2512. APPLICATIONS.\n\n ``(a) In General.--To request a grant under this subpart, the chief \nexecutive of a State, unit of local government, Indian tribe, or local \neducational agency shall submit an application to the Director of the \nBureau of Justice Assistance in such form and containing such \ninformation as the Director may reasonably require.\n ``(b) Regulations.--\n ``(1) In general.--Not later than 90 days after the date of \n enactment of the Students Learning in Safe Schools Act of 1999, \n the Director of the Bureau of Justice Assistance shall \n promulgate regulations to implement this section (including the \n information that must be included and the requirements that the \n States, units of local government, Indian tribes, and local \n educational agencies must meet) in submitting the applications \n required under this section.\n ``(2) Internet access.--The regulations promulgated under \n this subsection shall provide for the availability of \n applications for, and other information relating to, assistance \n under this subpart on the Internet website of the Department of \n Justice, in a manner that is closely linked to the information \n on that Internet website concerning the program under part Q.\n ``(c) Eligibility.--A unit of local government that receives \nfunding under the Local Law Enforcement Block Grant program (described \nunder the heading `Violent Crime Reduction Programs, State and Local \nLaw Enforcement Assistance' of the Departments of Commerce, Justice, \nand State, the Judiciary, and Related Agencies Appropriations Act, 1998 \n(Public Law 104-119)) during a fiscal year in which it submits an \napplication under this subpart shall not be eligible for a grant under \nthis subpart unless the chief executive officer of such unit of local \ngovernment certifies and provides an explanation to the Director that \nthe unit of local government considered or will consider using funding \nreceived under the block grant program for any or all of the costs \nrelating to the purchase of school safety equipment, but did not, or \ndoes not expect to use such funds for such purpose.\n\n``SEC. 2513. DEFINITIONS.\n\n ``In this subpart--\n ``(1) the term `Indian tribe' has the same meaning as in \n section 4(e) of the Indian Self-Determination and Education \n Assistance Act (25 U.S.C. 450b(e));\n ``(2) the term `school safety equipment' means metal \n detectors, metal detecting wands, video cameras, and other \n equipment designed to detect weapons and otherwise enhance \n school safety;\n ``(3) the term `State' means each of the 50 States, the \n District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, American Samoa, Guam, and the \n Northern Mariana Islands; and\n ``(4) the term `unit of local government' means a county, \n municipality, town, township, village, parish, borough, school \n district, or other unit of general government below the State \n level.''.\n (b) Authorization of Appropriations.--Section 1001(a) of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) \nis amended by striking paragraph (23) and inserting the following:\n ``(23) There are authorized to be appropriated to carry out part \nY--\n ``(A) $25,000,000 for each of fiscal years 2000 \n through 2002 for grants under subpart A of that part; \n and\n ``(B) $40,000,000 for each of fiscal years 2000 \n through 2002 for grants under subpart B of that \n part.''.\n\nSEC. 3. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS AND \n EQUIPMENT.\n\n In the case of any equipment or products that may be authorized to \nbe purchased with financial assistance provided using funds \nappropriated or otherwise made available by this Act, it is the sense \nof the Congress that entities receiving the assistance should, in \nexpending the assistance, purchase only American-made equipment and \nproducts, unless such equipment or products are not readily available \nat reasonable costs.\n\nSEC. 4. SENSE OF THE SENATE REGARDING SCHOOL SECURITY.\n\n It is the sense of the Senate that recipients of assistance under \nsubpart B of part Y of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968, as added by this Act, should, to the maximum \nextent practicable, seek to achieve a balance between school security \nneeds and the need for an environment that is conducive to learning.\n\nSEC. 5. TECHNOLOGY DEVELOPMENT.\n\n Section 202 of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end \nthe following:\n ``(e) School Safety Technology Development.--The Institute shall \nconduct research and otherwise work to develop new weapons detection \ntechnologies and safety systems that are appropriate to school \nsettings.''.","summary":"Authorizes appropriations to carry out such new matching grant program for school safety equipment, as well as for the current matching grant program for law enforcement armor vests. Expresses the sense of Congress regarding American-made products and equipment. Expresses the sense of the Senate regarding school security. Amends such Act to direct the National Institute of Justice to conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings.","title":"Students Learning in Safe Schools Act of 1999","text_len":9195,"sum_len":528} {"bill_id":"107_hr2038","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Broadband Enhancement Act''.\n\nSEC. 2. LOAN PROGRAM FOR DEPLOYMENT OF BROADBAND SERVICE IN RURAL \n AREAS.\n\n (a) In General.--Part C of title I of the National \nTelecommunications and Information Administration Organization Act (47 \nU.S.C. 901 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 156. BROADBAND TELECOMMUNICATIONS SERVICE.\n\n ``(a) Purpose.--The purpose of this section is to make loans and \nother extensions of credit to provide funds for the costs of the \nconstruction, improvement, and acquisition of facilities and equipment \nfor the provision of broadband service in eligible rural communities.\n ``(b) Requirement To Make Loans and Other Extensions of Credit.--\nThe Rural Utilities Service of the Department of Agriculture shall, in \nconsultation with the NTIA, make loans or other extensions of credit to \neligible entities to provide funds for the construction, improvement, \nor acquisition of facilities and equipment (including consumer \nequipment) for the provision of broadband service in eligible rural \ncommunities.\n ``(c) Eligible Entities.--An entity eligible for a loan or other \nextension of credit under this section is any non-Federal public or \nprivate entity, including an incorporated or limited liability entity, \ncooperative, non-profit organization, or limited dividend or mutual \nassociation, that submits a plan for a project meeting the requirements \nof subsection (e).\n ``(d) Broadband Service.--\n ``(1) In general.--For purposes of this section, broadband \n service is any technology identified by the Rural Utilities \n Service, in consultation with the NTIA, as having the capacity \n to transmit data so as to enable a subscriber to such service \n to originate and receive high-quality voice, data, graphics, or \n video.\n ``(2) Modification.--The NTIA shall, from time to time as \n advances in technology so warrant, review and recommend \n modifications of rate-of-data transmission criteria for \n purposes of the identification of technologies under paragraph \n (1).\n ``(e) Project Requirements.--\n ``(1) In general.--A project meeting the requirements of \n this subsection is any project determined to have the \n capability--\n ``(A) to deliver broadband service; and\n ``(B) to make access to broadband service generally \n available throughout an eligible rural community.\n ``(2) Additional considerations.--For purposes of \n determining whether or not to make a loan or other extension of \n credit for a project under this section, the following matters \n shall also be taken into consideration:\n ``(A) The extent to which the area to be served by \n the project is unserved or underserved by broadband \n service.\n ``(B) The size of the area to be served by the \n project.\n ``(C) The potential number of subscribers to the \n broadband service available through the project.\n ``(3) Technological neutrality.--For purposes of \n determining whether or not to make a loan or other extension of \n credit for a project under this section, the type of technology \n proposed to be employed under the project may not be taken into \n consideration.\n ``(f) Terms and Conditions.--A loan or other extension of credit \nunder this section shall--\n ``(1) be made available in accordance with the requirements \n of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et \n seq.);\n ``(2) bear interest at an annual rate of not more than 2 \n percent per annum; and\n ``(3) have a term not to exceed the useful life of the \n assets constructed, improved, or acquired with the proceeds of \n the loan or extension of credit.\n ``(g) Limitation on Value of Loans and Credit.--The aggregate value \nof all loans and other extensions of credit made under this section \nshall not exceed $3,000,000,000.\n ``(h) Eligible Rural Community Defined.--In this section, the term \n`eligible rural community' means any incorporated or unincorporated \nplace that--\n ``(1) has not more than 20,000 inhabitants, based on the \n most recent available population statistics of the Bureau of \n the Census; and\n ``(2) is not located in an area designated as a \n Metropolitan Area by the Office of Management and Budget.\n ``(i) Sunset.--\n ``(1) In general.--No loan or other extension of credit may \n be made under this section after September 30, 2006.\n ``(2) Construction.--Paragraph (1) shall not affect the \n validity of any loan or extension of credit made under this \n section before the date specified in that paragraph.''.\n (b) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated for the Department of Commerce such sums as may be \nnecessary to cover the cost, as defined in section 502 of the Federal \nCredit Reform Act of 1990 (2 U.S.C. 661a), of loans and other \nextensions of credit made under section 156 of the National \nTelecommunications and Information Administration Organization Act, as \nadded by subsection (a).","summary":"Rural Broadband Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to direct the Rural Utilities Service of the Department of Agriculture to make loans or other extensions of credit to eligible entities to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband telecommunications service in eligible rural communities . Prohibits any such loan or credit extension after September 20, 2006.","title":"To amend the National Telecommunications and Information Administration Organization Act to encourage deployment of broadband service to rural America.","text_len":5499,"sum_len":511} {"bill_id":"113_s3000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane Sand Dunes National \nRecreation Area Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--The term ``Federal land'' means land \n owned and managed by the Bureau of Land Management in \n Washington County in the State.\n (2) Map.--The term ``map'' means the map prepared by the \n Bureau of Land Management entitled ``Hurricane Sand Dunes \n National Recreation Area'' and dated November 14, 2014.\n (3) Non-federal land.--The term ``non-Federal land'' means \n the State land identified on the map as State land.\n (4) Proposed exchange parcel.--The term ``proposed exchange \n parcel'' means the approximately 1,205 acres of Bureau of Land \n Management land identified on the map as ``Proposed Exchange \n Parcel''.\n (5) Recreation area.--The term ``Recreation Area'' means \n the Hurricane Sand Dunes National Recreation Area established \n by section 3(a).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (7) State.--The term ``State'' means the State of Utah.\n\nSEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH.\n\n (a) Designation.--There is established in the State the Hurricane \nSand Dunes National Recreation Area to provide for--\n (1) the enhancement of recreational uses; and\n (2) the use of off-highway vehicles.\n (b) Boundary.--\n (1) In general.--The Recreation Area shall consist of the \n approximately 18,447 acres of Bureau of Land Management land in \n the State identified on the map as ``Open OHV Area''.\n (2) Exclusion.--The proposed exchange parcel shall be \n excluded from the Recreation Area.\n (c) Administration of Recreation Area and Proposed Exchange \nParcel.--The Secretary, acting through the Director of the Bureau of \nLand Management, shall--\n (1) administer the Recreation Area and proposed exchange \n parcel--\n (A) in accordance with--\n (i) the applicable Federal laws (including \n regulations) and rules applicable to the Bureau \n of Land Management; and\n (ii) applicable land use plans; and\n (B) consistent with the administration of the Sand \n Mountain Open OHV Area, as in existence on the day \n before the date of enactment of this Act; and\n (2) only allow uses of the Recreation Area that are \n consistent with the purposes described in subsection (a).\n (d) Fish and Wildlife.--Nothing in this section affects the \njurisdiction or responsibilities of the State with respect to fish and \nwildlife in the State.\n (e) Adjacent Management.--Nothing in this section creates any \nprotective perimeter or buffer zone around the Recreation Area.\n (f) Use of Off-Highway Vehicles.--The land described in subsection \n(b)(1) shall remain open, in perpetuity, to the use of off-highway \nvehicles.\n\nSEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.\n\n (a) In General.--If the State offers to convey to the United States \ntitle to the non-Federal land, the Secretary shall--\n (1) accept the offer; and\n (2) on receipt of all right, title, and interest in and to \n the non-Federal land, convey to the State all right, title, and \n interest of the United States in and to the Federal land.\n (b) Valid Existing Rights.--The exchange authorized under \nsubsection (a) shall be subject to valid existing rights.\n (c) Title Approval.--Title to the Federal land and non-Federal land \nto be exchanged under this section shall be in a format acceptable to \nthe Secretary and the State.\n (d) Appraisals.--\n (1) In general.--The value of the Federal land and the non-\n Federal land to be exchanged under this section shall be \n determined by appraisals conducted by 1 or more independent \n appraisers retained by the State, with the consent of the \n Secretary.\n (2) Applicable law.--The appraisals under paragraph (1) \n shall be conducted in accordance with nationally recognized \n appraisal standards, including, as appropriate, the Uniform \n Appraisal Standards for Federal Land Acquisitions.\n (3) Approval.--The appraisals conducted under paragraph (1) \n shall be submitted to the Secretary and the State for approval.\n (e) Equal Value Exchange.--\n (1) In general.--The value of the Federal land and non-\n Federal land to be exchanged under this section--\n (A) shall be equal; or\n (B) shall be made equal in accordance with \n paragraph (2).\n (2) Equalization.--\n (A) Surplus of federal land.--If the value of the \n Federal land exceeds the value of the non-Federal land, \n the value of the Federal land and non-Federal land \n shall be equalized, as determined to be appropriate and \n acceptable by the Secretary and the State--\n (i) by reducing the acreage of the Federal \n land to be conveyed; or\n (ii) by adding additional State land to the \n non-Federal land to be conveyed.\n (B) Surplus of non-federal land.--If the value of \n the non-Federal land exceeds the value of the Federal \n land, the value of the Federal land and non-Federal \n land shall be equalized by reducing the acreage of the \n non-Federal land to be conveyed, as determined to be \n appropriate and acceptable by the Secretary and the \n State.\n (f) Status and Management of Non-Federal Land.--On conveyance to \nthe Secretary, the non-Federal land shall, in accordance with section \n206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be \nadded to, and administered by the Secretary as part of, the Recreation \nArea.","summary":"Hurricane Sand Dunes National Recreation Area Act of 2014 - Establishes the Hurricane Sand Dunes National Recreation Area in Utah to provide for the enhancement of recreational uses and the use of off-highway vehicles. Provides for the conveyance of federal lands in Washington County in an equal-value exchange for certain state lands identified on a Bureau of Land Management (BLM) map for the area dated November 14, 2014.","title":"Hurricane Sand Dunes National Recreation Area Act of 2014","text_len":6293,"sum_len":425} {"bill_id":"103_hr4070","text":"SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD.\n\n (a) In General.--Chapter 63 of title 18, United States Code, is \namended by adding at the end the following new sections:\n``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343\n ``(a) In General.--A person convicted of a violation of sections \n1341 or 1343 of this title shall, notwithstanding any provision of \nState law, forfeit to the United States any property constituting or \nderived from any proceeds which the person obtained directly or \nindirectly from a scheme in violation of either section.\n ``(b) Procedures of Controlled Substances Act Applicable.--With \nrespect to a forfeiture under this section for a violation of this \nchapter, the provisions of subsections (b), (c), (e), (f), (g), (i), \n(k), (l), (m), (n), and (o) of section 413 of the Controlled Substances \nAct apply as they would to a forfeiture under that section for a \nviolation of the Controlled Substances Act.\n ``(c) Disposition of Property.--After a seizure of property ordered \nforfeited under this section, the Attorney General shall dispose of the \nproperty under section 1349 of this title. The Postal Service shall \nturn any such seized property over to the Attorney General for disposal \nunder such section.\n ``(d) Substitute Assets.--If any of the property subject to \nforfeiture under this section, as a result of conduct of the \ndefendant--\n ``(1) cannot be located upon the exercise of due diligence;\n ``(2) has been transferred or sold to, or deposited with, a \n third party;\n ``(3) has been placed beyond the jurisdiction of the court;\n ``(4) has been substantially diminished in value; or\n ``(5) has been commingled with other property which cannot \n be divided without difficulty;\nthe court shall order the forfeiture of any other property of the \ndefendant up to the value of any property described in paragraphs (1) \nthrough (5) of this subsection.\n``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343\n ``(a) Property Subject to Civil Forfeiture.--Any property, as \ndefined by subsection (b) of section 413 of the Controlled Substances \nAct, constituting or derived from any proceeds of a scheme in violation \nof sections 1341 or 1343 of this title shall be subject to forfeiture \nto the United States.\n ``(b) Seizure.--(1) Except as provided in paragraph (4), any \nproperty subject to forfeiture to the United States under this section \nmay be seized by the Attorney General or the Postal Service upon \nprocess issued pursuant to the Supplemental Rules for Certain Admiralty \nand Maritime Claims by a district court of the United States having \njurisdiction over the property.\n ``(2) The Attorney General or the Postal Service may seize such \nproperty without such process when--\n ``(A) the seizure is incident to a lawful arrest or search; \n or\n ``(B) such property has been the subject of a prior \n judgment in favor of the United States in a criminal injunction \n or forfeiture proceeding under section 1347 of this title.\n ``(3) The Government may seek the issuance of a warrant authorizing \nthe seizure of property subject to forfeiture under this section in the \nsame manner as provided for a search warrant under the Federal Rules of \nCriminal Procedure.\n ``(4) No property shall be forfeited under this section to the \nextent of the interest of an owner or lienholder by reason of any act \nor omission established by that owner or lienholder to have been \ncommitted without the knowledge of that owner or lienholder.\n ``(c) Procedural Matters.--(1) With respect to a forfeiture of \nproperty under this section, the provisions of subsections (c), (d), \n(h), and (j) of section 511 of the Controlled Substances Act apply as \nthey would to a forfeiture of property under that section, and the \nPostal Service may also perform any of the functions the Attorney \nGeneral may perform under such subsections.\n ``(2) The filing of an indictment or information alleging a \nviolation of section 1341 or 1343 of this title which is also related \nto a civil forfeiture proceeding under either section shall, upon \nmotion of the United States and for good cause shown, stay the civil \nforfeiture proceeding.\n ``(d) Disposition of Property.--After a seizure of property ordered \nforfeited under this section, the Attorney General or the Postal \nService shall dispose of the property under section 1349 of this title.\n``Sec. 1349. Disposition of forfeited property\n ``(a) In General.--After making due provision for the rights of any \ninnocent persons, the Attorney General, after deducting the costs \nincurred by the United States in conducting the seizure, forfeiture, \nand identification of victims, shall deposit the property forfeited or \nthe proceeds from the sale of property forfeited under sections 1347 or \n1348 of this title in the Department of Justice Assets Forfeiture Fund \nestablished by section 524(c) of title 28. The Postal Service may \nexercise the authority of the Attorney General in conducting \nadministrative forfeitures and shall deposit the property forfeited or \nthe proceeds of the property forfeited in the Postal Service Fund under \nsection 2003(b)(7) of title 39. Any property right or interest not \nexercisable by, or transferable for value to, the United States shall \nexpire and shall not revert to the defendant. Neither the defendant nor \nany person acting in concert with the defendant or on the defendant's \nbehalf is eligible to purchase forfeited property sold by the United \nStates.\n ``(b) Restraint Pending Appeal.--Upon application of a person other \nthan the defendant or a person acting in concert with the defendant or \non the defendant's behalf, the court may restrain or stay the sale or \ndisposition of the property pending the conclusion of any appeal in the \ncase giving rise to the forfeiture, if the applicant demonstrates that \nproceeding with the sale or disposition will result in irreparable harm \nto the applicant.\n ``(c) Rules for Disposition.--The Attorney General and the Postal \nService shall make rules providing for the disposition of such property \nand proceeds. The rules shall provide that the Attorney General or the \nPostal Service may--\n ``(1) retain the property for official use;\n ``(2) transfer the property to Federal, State, or local law \n enforcement agencies so as to reflect generally the \n contribution of such agencies to the seizure or forfeiture of \n such property;\n ``(3) sell any forfeited property which is not required to \n be destroyed by law and which is not harmful to the public;\n ``(4) require that the General Services Administration take \n custody of the property and dispose of it in accordance with \n law;\n ``(5) restore forfeited property to victims of an offense \n described in subsection (a);\n ``(6) destroy the property if it is harmful to the public \n or the expense of sale would exceed the amount realized from \n the sale; or\n ``(7) dispose of such funds or property as otherwise \n provided by law.''.\n (b) Clerical Amendment.--The table of sections for chapter 63 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing new items:\n\n``1347. Criminal forfeiture for violation of section 1341 or 1343.\n``1348. Civil forfeiture for violation of section 1341 or 1343.\n``1349. Disposition of forfeited property.''.\n\nSEC. 2. POSTAL SERVICE FUND AMENDMENT.\n\n Section 2003(b)(7) of title 39, United States Code, is amended to \nread as follows:\n ``(7) amounts (including proceeds from the sale of \n forfeited items) from any forfeiture conducted by the Postal \n Service and from any forfeiture resulting from an investigation \n conducted by the Postal Service, except that nothing in this \n paragraph shall preclude the Postal Service from sharing such \n amounts with any Federal or State agency whose efforts in \n investigating or litigating the forfeiture contributed to the \n receipt of such funds.''.","summary":"Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or US Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a US district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund. And (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal. And (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.","title":"To amend title 18, United States Code, to provide for criminal and civil penalties for mail and wire fraud, and for other purposes.","text_len":8286,"sum_len":2151} {"bill_id":"110_hr4249","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Arapaho-Roosevelt National Forests \nLand Exchange Act of 2007''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Map.--The term ``map'' means the map entitled ``Eclipse \n Snow Park Proposed Land Trade Parcels, Figure 1'' and dated \n September 28, 2007.\n (2) Grand creek, llc.--The term ``Grand Creek, LLC'' means \n Grand Creek, LLC, a Colorado limited liability company.\n (3) Federal land.--The term ``Federal land'' means certain \n National Forest System land comprising approximately 119.281 \n acres, that adjoins land owned by Grand Creek, LLC, in Clear \n Creek County, Colorado, as depicted on the map.\n (4) Non-federal land.--The term ``non-Federal land'' means \n certain land comprising approximately 74.623 acres, owned by \n Grand Creek, LLC, as depicted on the map.\n (5) National forests.--The term ``National Forests'' means \n the Arapaho-Roosevelt National Forests in Colorado.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n\nSEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO.\n\n (a) Conveyances.--\n (1) Conveyance by grand creek, llc.--The land exchange \n directed by this section shall proceed if, within 30 days after \n the date of the enactment of this Act, Grand Creek, LLC, offers \n to convey title acceptable to the United States in and to the \n non-Federal land.\n (2) Conveyance by the united states.--After completion of \n appraisals under subsection (b) and upon receipt of acceptable \n title to the non-Federal land, the Secretary of Agriculture \n shall simultaneously convey to Grand Creek, LLC, all right, \n title, and interest of the United States in and to the Federal \n land.\n (b) Appraisals and Equal Value Exchange.--\n (1) Appraisals.--The values of the non-Federal land and the \n Federal land shall be determined by the Secretary through \n appraisals performed in accordance with the Uniform Appraisal \n Standards for Federal Land Acquisitions (December 20, 2000) and \n the Uniform Standards of Professional Appraisal Practice.\n (2) Surplus of non-federal value.--If the final appraised \n value, as approved by the Secretary, of the non-Federal lands \n exceeds the final appraised value, as approved by the \n Secretary, of the Federal land, the Secretary may equalize the \n values by--\n (A) reducing the acreage of the non-Federal land to \n be conveyed, as determined appropriate and acceptable \n by the Secretary and Grand Creek, LLC;\n (B) making a cash equalization payment to Grand \n Creek, LLC, including a cash equalization payment in \n excess of the amount authorized by section 206(b) of \n the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1716(b)); or\n (C) a combination of an acreage reduction and a \n cash equalization payment.\n (3) Surplus of federal value.--If the value of the Federal \n land exceeds the value of the non-Federal land, the Secretary \n may accept a cash equalization payment from Grand Creek, LLC, \n in such amount as may be necessary to equalize the values of \n the land to be exchanged, including a cash equalization payment \n in excess of the amount authorized by section 206(b) of the \n Federal Land Policy and Management Act of 1976 (43 U.S.C. \n 1716(b)).\n (c) Exchange Costs.--As a condition of the land exchange under this \nsection, and in order to expedite the land exchange and to save \nadministrative costs to the United States, the Secretary shall require \nGrand Creek, LLC, to pay for any necessary land surveys of the non-\nFederal land or Federal land to be exchanged and the appraisals under \nsubsection (b).\n (d) Recreational Access.--As a condition of the land exchange under \nthis section, the Secretary shall require Grand Creek, LLC, to enter \ninto an enforceable agreement with the Secretary, of a nature and form \nsatisfactory to the Secretary, to allow public use of land owned by \nGrand Creek, LLC, as is necessary to provide unimpeded access to St. \nMary's Glacier along the route designated ``trail to glacier'' on the \nmap.\n\nSEC. 4. BOUNDARY ADJUSTMENT AND MANAGEMENT OF LAND.\n\n (a) Boundary Adjustment.--Upon acquisition of the non-Federal land \nand conveyance of the Federal land under section 3, the Secretary shall \nadjust the boundary of the National Forests to reflect the land \nexchange under section 3.\n (b) Management of Land.--The Secretary shall manage the non-Federal \nland acquired under section 3 as part of the National Forests, in \naccordance with laws and regulations applicable to the National \nForests.","summary":"Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon completion of an appraisal of the values of certain non-federal land owned by Grand Creek, LLC, and certain National Forest System land that adjoins land owned by Grand Creek in Clear Creek County, Colorado, and upon receipt of acceptable title to the non-federal land, to simultaneously convey such federal land to Grand Creek. Provides for Grand Creek, LLC, to enter into an enforceable agreement with the Secretary to allow public use of land owned by Grand Creek as is necessary to provide unimpeded access to St. Mary's Glacier.","title":"To direct the Secretary of Agriculture to exchange certain lands in the Arapaho-Roosevelt National Forests in Colorado and to adjust the boundary of such National Forests.","text_len":5062,"sum_len":639} {"bill_id":"110_hr1307","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Identity Protection Act'', \nor the ``VIP Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to reimburse injured persons for injuries suffered as a \n result of the unauthorized use, disclosure, or dissemination of \n identifying information improperly released by or obtained from \n the Department of Veterans Affairs; and\n (2) to provide for the expeditious consideration and \n settlement of claims for those injuries.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the Office of Veterans Identity Protection Claims.\n (2) Injured person.--The term ``injured person'' means an \n individual--\n (A) whose name or other personal identifying \n information is part of data of the Department of \n Veterans Affairs that--\n (i) was stolen from the home of an employee \n of the Department of Veterans Affairs on or \n around May 3, 2006;\n (ii) was reported missing from the \n Birmingham VA Medical Center on or around \n January 22, 2007; or\n (iii) is otherwise compromised as a result \n of a security breach, including any action or \n ommission by an officer, employee, volunteer, \n or contractor (or employee of a contractor) of \n the Department of Veterans Affairs in \n contravention of any security policy or \n procedure of the Department that results in \n such a breach; and\n (B) who suffered an injury as a result of the \n unauthorized use, disclosure, or dissemination of \n personal identifying information that was included in \n data described in subparagraph (A).\n (3) Office.--The term ``Office'' means the Office of \n Veterans Identity Protection Claims established under section \n 4(a).\n\nSEC. 4. OFFICE OF VETERANS IDENTITY PROTECTION CLAIMS.\n\n (a) Office Established.--There is established an independent office \nof the executive branch to receive, process, and pay claims in \naccordance with this Act. Such office shall be known as the Office of \nVeterans Identity Protection Claims.\n (b) Director.--Not later than 30 days after the enactment of this \nAct, the President shall appoint a director of the Office of Veterans \nIdentity Protection Claims. The Director shall, on behalf of the United \nStates, investigate, consider, ascertain, adjust, determine, grant, \ndeny, or settle any claim for money damages asserted under section \n5(b).\n (c) Funding.--The Office--\n (1) shall be funded from funds made available to the \n Director under this Act;\n (2) may reimburse other Federal agencies for claims \n processing support and assistance;\n (3) may appoint and fix the compensation of such temporary \n personnel as may be necessary, without regard to the provisions \n of title 5, United States Code, governing appointments in \n competitive service; and\n (4) upon the request of the Director, may request that the \n head of any Federal department or agency detail, on a \n reimbursable basis, any of the personnel of that department or \n agency to the Office to assist it in carrying out its duties \n under this Act.\n\nSEC. 5. REIMBURSEMENT FOR INJURIES SUFFERED.\n\n (a) Reimbursement.--Each injured person shall be entitled to \nreceive from the United States--\n (1) reimbursement for any injuries suffered by the injured \n person as a result of the unauthorized use, disclosure, or \n dissemination of personal identifying information that was \n included in the data described in section 3(2)(A); and\n (2) damages described in subsection (d)(3), as determined \n by the Director.\n (b) Submission of Claims.--Not later than 2 years after the date on \nwhich regulations are first promulgated under subsection (f), an \ninjured person may submit to the Director a written claim for one or \nmore injuries suffered by the injured person in accordance with such \nrequirements as the Director determines to be appropriate.\n (c) Investigation of Claims.--\n (1) Applicability of state law.--Except as otherwise \n provided in this Act, the laws of the State in which the \n injured person resides shall apply to the calculation of \n damages under subsection (d)(3).\n (2) Extent of damages.--Any payment under this Act--\n (A) shall be limited to actual compensatory damages \n measured by injuries suffered and interest before \n settlement or payment of a claim; and\n (B) shall not include punitive damages.\n (d) Payment of Claims.--\n (1) Determination and payment of amount.--\n (A) In general.--Not later than 180 days after the \n date on which a claim is submitted under this Act, the \n Director shall determine and fix the amount, if any, to \n be paid for the claim.\n (B) Parameters of determination.--In determining \n and settling a claim under this Act, the Director shall \n determine only--\n (i) whether the claimant is an injured \n person;\n (ii) whether the injury that is the subject \n of the claim resulted from the unauthorized \n use, disclosure, or dissemination of personal \n identifying information that was included in \n the data described in section 3(2)(A);\n (iii) the amount, if any, to be allowed and \n paid to the injured person under this Act.\n (C) Other payments or settlements.--In determining \n the amount of, and paying, a claim under this Act, to \n prevent recovery by a claimant in excess of actual \n compensatory damages, the Director shall reduce the \n amount to be paid for the claim by an amount that is \n equal to the total of any payments or settlements of \n any nature that were paid, or will be paid, to the \n injured person with respect to the claim.\n (2) Partial payment.--\n (A) In general.--At the request of a claimant, the \n Director may make one or more advance or partial \n payments before the final settlement of a claim, \n including final settlement on any portion or aspect of \n a claim that is determined to be severable.\n (B) Judicial decision.--If a claimant receives a \n partial payment on a claim under this Act, but further \n payment on the claim is subsequently denied by the \n Director, the claimant may--\n (i) seek judicial review under subsection \n (i); and\n (ii) keep any partial payment that the \n claimant received, unless the Director \n determines that the claimant--\n (I) was not eligible to receive the \n reimbursement; or\n (II) fraudulently procured the \n reimbursement.\n (3) Allowable damages.--A claim that is paid under this Act \n may include otherwise uncompensated damages for loss of \n property, business loss, or financial loss resulting from the \n unauthorized use, disclosure, or dissemination of personal \n identifying information that was included in the data described \n in section 3(2)(A).\n (e) Acceptance of Award.--The acceptance by a claimant of any \npayment under this Act, except an advance or partial payment made under \nsubsection (d)(2), shall--\n (1) be final and conclusive on the claimant, with respect \n to all claims arising out of or relating to the same subject \n matter;\n (2) constitute a complete release of all claims against the \n United States (including any agency or employee of the United \n States) under chapter 171 of title 28, United States Code \n (commonly known as the ``Federal Tort Claims Act''), or any \n other Federal or State law, arising out of or relating to the \n same subject matter; and\n (3) shall include a certification by the claimant, made \n under penalty of perjury and subject to the provisions of \n section 1001 of title 18, United States Code, that such claim \n is true and correct.\n (f) Regulations and Public Information.--\n (1) Regulations.--Notwithstanding any other provision of \n law, not later than 45 days after the date of the enactment of \n this Act, the Director shall promulgate and publish in the \n Federal Register interim final regulations for the processing \n and payment of claims under this Act.\n (2) Public information.--\n (A) In general.--At the time at which the Director \n promulgates regulations under paragraph (1), the \n Director shall publish, in newspapers of general \n circulation in the each of the several States and the \n District of Columbia, a clear, concise, and easily \n understandable explanation, in English and Spanish, \n of--\n (i) the rights conferred under this Act; \n and\n (ii) the procedural and other requirements \n of the regulations promulgated under paragraph \n (1).\n (B) Dissemination through other media.--The \n Director shall disseminate the explanation published \n under subparagraph (A) through brochures, pamphlets, \n radio, television, and other media that the Director \n determines are likely to reach prospective claimants.\n (g) Consultation.--In administering this Act, the Director shall \nconsult with the Attorney General, the Secretary of Veterans Affairs, \nthe Secretary of the Defense, the Secretary of Commerce, other Federal \nagencies, and State and local authorities, as determined to be \nnecessary by the Director to--\n (1) ensure the efficient administration of the claims \n process; and\n (2) provide for local concerns.\n (h) Election of Remedy.--\n (1) In general.--An injured person may elect to seek \n reimbursement from the United States for one or more injuries \n resulting from the unauthorized use, disclosure, or \n dissemination of personal identifying information that was \n included in the data described in section 3(2)(A) by--\n (A) submitting a claim under this Act;\n (B) filing a claim or bringing a civil action under \n chapter 171 of title 28, United States Code; or\n (C) bringing an authorized civil action under any \n other provision of law.\n (2) Effect of election.--An election by an injured person \n to seek reimbursement in any manner described in paragraph (1) \n shall be final and conclusive on the claimant with respect to \n all injuries resulting from the unauthorized use, disclosure, \n or dissemination of personal identifying information that was \n included in the data described in section 3(2)(A) that are \n suffered by the claimant.\n (3) Arbitration.--\n (A) In general.--Not later than 45 days after the \n date of the enactment of this Act, the Director shall \n establish by regulation procedures under which a \n dispute regarding a claim submitted under this Act may \n be settled by arbitration.\n (B) Arbitration as remedy.--On establishment of \n arbitration procedures under subparagraph (A), an \n injured person that submits a disputed claim under this \n Act may elect to settle the claim through arbitration.\n (C) Binding effect.--An election by an injured \n person to settle a claim through arbitration under this \n paragraph shall--\n (i) be binding; and\n (ii) preclude any exercise by the injured \n person of the right to judicial review of a \n claim described in subsection (i).\n (4) No effect on entitlements.--Nothing in this Act affects \n any right of a claimant to file a claim for benefits under any \n Federal entitlement program.\n (i) Judicial Review.--\n (1) In general.--Any claimant aggrieved by a final decision \n of the Director under this Act may, not later than 60 days \n after the date on which the decision is issued, bring a civil \n action in the an appropriate United States District Court, to \n modify or set aside the decision, in whole or in part.\n (2) Record.--The court shall hear a civil action under \n paragraph (1) on the record made before the Director.\n (3) Standard.--The decision of the Director incorporating \n the findings of the Director shall be upheld if the decision is \n supported by substantial evidence on the record considered as a \n whole.\n (j) Attorney's and Agent's Fees.--\n (1) In general.--No attorney or agent, acting alone or in \n combination with any other attorney or agent, shall charge, \n demand, receive, or collect, for services rendered in \n connection with a claim submitted under this Act, fees in \n excess of 10 percent of the amount of any payment on the claim.\n (2) Violation.--An attorney or agent who violates paragraph \n (1) shall be fined not more than $10,000.\n (k) Applicability of Debt Collection Requirements.--Section 3716 of \ntitle 31, United States Code, shall not apply to any payment under this \nAct.\n\nSEC. 6. REPORT; AUDIT.\n\n (a) Not later than 180 days after the date of promulgation of \nregulations under section 5(f)(1), and semiannually thereafter, the \nDirector shall submit to the Committees on Veterans Affairs, Energy and \nCommerce, and Judiciary of the House of Representatives, and the \nCommittees on Veterans Affairs, Commerce, Science and Transportation, \nand Judiciary of the Senate, a report that describes the claims \nsubmitted under this Act during the six months preceding the date of \nsubmission of the report, including, for each claim--\n (1) the amount claimed;\n (2) a brief description of the nature of the claim; and\n (3) the status or disposition of the claim, including the \n amount of any payment under this Act.\n (b) The Comptroller General shall conduct an annual audit on the \npayment of all claims made under this Act, and shall report to the \ncommittees described in subsection (a) on the results of this audit \nbeginning not later than the expiration of the 1-year period beginning \non the date of the enactment of this Act.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Director such sums \nas are necessary to carry out this Act, to remain available until \nexpended.","summary":"Veterans Identity Protection Act or VIP Act - Establishes as an independent office in the executive branch the Office of Veterans Identity Protection Claims, headed by a Director, to receive, process, and pay claims for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs (VA) or otherwise compromised as a result of a security breach. Authorizes judicial review of claim determinations.","title":"To establish the Office of Veterans Identity Protection Claims to reimburse injured persons for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs, and for other purposes.","text_len":16242,"sum_len":493} {"bill_id":"110_hr2997","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Assured Food Safety Act of 2007''.\n\nSEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM.\n\n (a) Program.--The Secretary of Agriculture and the Commissioner of \nFood and Drugs shall jointly establish a program to require all food \nitems imported into the United States to bear a certificate of assured \nsafety issued by the government of the country from which the item is \nimported. In conducting such program, the Secretary and the \nCommissioner shall--\n (1) establish requirements for a food item to be issued a \n certificate of assured safety by the government of the country \n from which the food item is to be imported into the United \n States; and\n (2) prohibit a food item that does not bear a certificate \n of assured safety from being imported into the United States.\n (b) Exemptions.--The Secretary and the Commissioner may exempt from \nthe requirements of the program established under subsection (a) a food \nitem that is imported--\n (1) from a country that has not been the source of a \n contaminated food item resulting in a significant health or \n safety recall in the preceding 5 years, as determined by--\n (A) in the case of meat and poultry food items, the \n Secretary; and\n (B) in the case of all other food items, the \n Commissioner; or\n (2) in a de minimis volume, as determined by--\n (A) in the case of meat and poultry food items, the \n Secretary; and\n (B) in the case of all other food items, the \n Commissioner.\n (c) Failure To Provide Assured Level of Safety.--\n (1) Prohibition.--If a food item fails to provide the level \n of safety assured in the certificate required under this \n section for such item, the Secretary and the Commissioner shall \n prohibit the importation of any food item that is the same type \n of food, is produced by the same person, and is produced in the \n same country until the Secretary or the Commissioner, as \n appropriate--\n (A) is given an opportunity to inspect the place of \n production of the food to determine whether appropriate \n corrections have been made; and\n (B) determines that such country has taken \n sufficient steps to identify and correct the failure.\n (2) Heightened inspection.--For a period of 3 years after \n removing a prohibition against importation of a food item \n described in paragraph (1), the Secretary and the Commissioner \n shall require a heightened inspection of any such food item to \n provide reasonable assurance to consumers of their safety.\n\nSEC. 3. REPORTS.\n\n (a) Food Items Subject to Recalls.--Not later than February 15 of \neach year, the Secretary and the Commissioner shall jointly submit to \nCongress a report containing--\n (1) the volume of imported food items subject to recalls; \n and\n (2) the volume of recoveries of such imported food items.\n (b) Sufficiency of Food Safety.--Not later than 3 years after the \ndate of the enactment of this Act, and every 3 years thereafter, the \nSecretary and the Commissioner shall jointly conduct a study and submit \na report to the Congress on the sufficiency of food safety and improved \nfood safety technologies.\n (c) Amount of Food Inspection.--\n (1) Study.--The Secretary and the Commissioner shall \n jointly conduct a study on inspection of imported food to \n determine--\n (A) the minimum amount of inspection necessary to \n assure consumers of a safe food supply; and\n (B) the additional cost of allocating resources for \n inspecting imported food in order to achieve such \n minimum amount.\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Secretary and the Commissioner shall \n submit to Congress a report containing the results of the study \n conducted under subsection (a).\n\nSEC. 4. MINIMUM INSPECTIONS.\n\n Not later than 1 year after the date of the submission of the \nreport under section 3(c), the Secretary and the Commissioner shall \nensure that the amount of imported food inspected by the Secretary and \nthe Commissioner is not less than the amount determined necessary under \nsection 3(c) to assure consumers of a safe food supply.\n\nSEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY.\n\n (a) In General.--\n (1) Assessment.--Beginning in fiscal year 2008, the \n Secretary and the Commissioner shall jointly assess and collect \n fees on food imported into the United States.\n (2) Purpose of fees.--The purpose of fees under paragraph \n (1) is to defray increases in the costs of the resources \n allocated for inspecting imported food in order to comply with \n section 4 over the costs of the resources allocated for \n inspecting imported food in fiscal year 2007 multiplied by the \n adjustment factor. Increases referred to in the preceding \n sentence include increases in such costs for an additional \n number of full-time equivalent positions in the Department of \n Agriculture and the Department of Health and Human Services to \n be engaged in carrying out such section.\n (3) Amount of fee; collection.--A fee under paragraph (1) \n shall be assessed on each line item of food, as defined by the \n Secretary and the Commissioner by regulation. The amount of the \n fee shall be based on the number of line items, and may not \n exceed $20 per line item, notwithstanding subsection (b). The \n liability for the fee constitutes a personal debt due to the \n United States, and such liability accrues on the date on which \n the food is imported into the United States. The Secretary and \n the Commissioner may coordinate with and seek the cooperation \n of other agencies of the Federal Government regarding the \n collection of such fees.\n (b) Total Fee Revenues.--The total fee revenues collected under \nsubsection (a) for a fiscal year shall be the amount appropriated under \nsubsection (f)(3).\n (c) Adjustments.--\n (1) Inflation adjustment.--With respect to the amount of \n total fee revenues referred to in subsection (b), the amount \n authorized in subsection (f)(3) for a fiscal year shall be \n adjusted by the Secretary and the Commissioner (and as adjusted \n shall be published in the Federal Register) to reflect the \n greater of--\n (A) the total percentage change that occurred \n during the preceding fiscal year in the Consumer Price \n Index for all urban consumers (all items; U.S. city \n average); or\n (B) the total percentage change for such fiscal \n year in basic pay under the General Schedule in \n accordance with section 5332 of title 5, United States \n Code, as adjusted by any locality-based comparability \n payment pursuant to section 5304 of such title for \n Federal employees stationed in the District of \n Columbia.\n (2) Annual fee adjustment.--Not later than 60 days after \n the end of each fiscal year beginning after fiscal year 2008, \n the Secretary and the Commissioner, subject to not exceeding \n the maximum fee amount specified in subsection (a)(3), shall \n adjust the amounts that otherwise would under subsection (a) be \n assessed as fees during the fiscal year in which the adjustment \n occurs so that the total revenues collected in such fees for \n such fiscal year equal the amount applicable pursuant to \n subsection (b) for the fiscal year.\n (d) Fee Waiver or Reduction.--The Secretary and the Commissioner \nshall grant a waiver from or a reduction of a fee assessed under \nsubsection (a) where the Secretary and the Commissioner find that the \nfee to be paid will exceed the anticipated present and future costs \nincurred by the Secretary and the Commissioner in carrying out section \n4 (which finding may be made by the Secretary and the Commissioner \nusing standard costs).\n (e) Assessment of Fees.--\n (1) Limitation.--Fees may not be assessed under subsection \n (a) for a fiscal year beginning after fiscal year 2008 unless \n the amount appropriated for salaries and expenses of the \n Department of Agriculture and the Food and Drug Administration \n for such fiscal year is equal to or greater than the amount \n appropriated for salaries and expenses of the Food and Drug \n Administration for fiscal year 2008 multiplied by the \n adjustment factor applicable to the fiscal year involved, \n except that in making determinations under this paragraph for \n the fiscal years involved there shall be excluded any amounts \n collected as fees for purposes of funding the inspection of \n food or other items being imported.\n (2) Authority.--If the Secretary and the Commissioner do \n not assess fees under subsection (a) during any portion of a \n fiscal year because of paragraph (1) and if at a later date in \n such fiscal year the Secretary and the Commissioner may assess \n such fees, the Secretary and the Commissioner may assess and \n collect such fees, without any modification in the rate of the \n fees, at any time in such fiscal year notwithstanding the \n provisions of subsection (a)(3) relating to the time at which \n fees are to be paid.\n (f) Crediting and Availability of Fees.--\n (1) In general.--Fees collected for a fiscal year pursuant \n to subsection (a) shall be credited to the appropriation \n accounts for salaries and expenses of the Department of \n Agriculture and the Food and Drug Administration and shall be \n available in accordance with appropriation Acts until expended \n without fiscal year limitation. Such sums as may be necessary \n may be transferred from the Department of Agriculture and the \n Food and Drug Administration salaries and expenses \n appropriation accounts without fiscal year limitation to such \n appropriation accounts for salaries and expenses with such \n fiscal year limitation. The sums transferred shall be available \n solely for carrying out section 4.\n (2) Collections and appropriation acts.--The fees \n authorized in subsection (a)--\n (A) shall be collected in each fiscal year in \n accordance with subsections (a)(3) and (b); and\n (B) shall only be collected and available for the \n purpose specified in subsection (a)(2).\n (3) Authorization of appropriations; allocations by \n secretary and commissioner.--Subject to paragraph (4), there is \n authorized to be appropriated the amount determined by the \n Secretary and the Commissioner under section 3(c) to be \n necessary to comply with section 4 for each of the fiscal years \n 2008 through 2012.\n (4) Offset.--Any amount of fees collected for a fiscal year \n under subsection (a) that exceeds the amount of fees specified \n in appropriation Acts for such fiscal year shall be credited to \n the appropriation accounts of the Department of Agriculture and \n the Food and Drug Administration as provided in paragraph (1), \n and shall be subtracted from the amount of fees that would \n otherwise be authorized to be collected under this section \n pursuant to appropriation Acts for a subsequent fiscal year.\n (g) Collection of Unpaid Fees.--In any case where the Secretary and \nthe Commissioner do not receive payment of a fee assessed under \nsubsection (a) within 30 days after it is due, such fee shall be \ntreated as a claim of the United States Government subject to \nsubchapter II of chapter 37 of title 31, United States Code.\n (h) Construction.--This section may not be construed as requiring \nthat the number of full-time equivalent positions in the Department of \nAgriculture or the Department of Health and Human Services, for \nofficers, employees, and advisory committees not engaged in inspecting \nimported food be reduced to offset the number of officers, employees, \nand advisory committees so engaged.\n (i) Definition of Adjustment Factor.--For purposes of this section, \nthe term ``adjustment factor'' applicable to a fiscal year is the \nConsumer Price Index for all urban consumers (all items; United States \ncity average) for April of the preceding fiscal year divided by such \nIndex for April 2007.''.\n\nSEC. 6. PRIVATE CAUSE OF ACTION.\n\n (a) In General.--Any person aggrieved by the failure of any food \nitem to meet the level of safety assured in the certificate required \nfor that food item under section 2(a) may bring a civil action in a \nUnited States district court against the person who imported the food \nitem.\n (b) Damages.--In an action brought pursuant to subsection (a), the \ncourt may award actual damages, equitable relief, and any litigation \ncosts reasonably incurred.\n\nSEC. 7. CRIMINAL PENALTIES.\n\n If any person imports a food item into the United States knowing \nthat such food item does not comply with the assurance of safety for \nsuch food item in the certificate required for that food item under \nsection 2(a), such person is deemed to be in violation of section 1001 \nof title 18, United States Code (relating to fraudulent and false \nstatements in any matter within the Government).\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) The term ``Commissioner'' means the Commissioner of \n Food and Drugs.\n (2) The term ``Secretary'' means the Secretary of \n Agriculture.","summary":"Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. Directs the Secretary and the Commissioner to: (1) establish certificate requirements. And (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions. Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken. Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition. And (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction. Provides: (1) a private right of action against an importer. And (2) criminal penalties against an importer who knowingly imports a non-complying food item.","title":"To require the Secretary of Agriculture and the Commissioner of Food and Drugs to establish a program requiring a certificate of assured safety for imported food items.","text_len":14366,"sum_len":1268} {"bill_id":"115_hr3524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Settlement Trust Improvement Act of \n2017''.\n\nSEC. 2. EXCLUSION FOR ANCSA PAYMENTS ASSIGNED TO ALASKA NATIVE \n SETTLEMENT TRUSTS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting before section \n140 the following new section:\n\n``SEC. 139G. ASSIGNMENTS TO ALASKA NATIVE SETTLEMENT TRUSTS.\n\n ``(a) In General.--In the case of a Native Corporation, gross \nincome shall not include the value of any payments that would otherwise \nbe made, or treated as being made, to such Native Corporation pursuant \nto, or as required by, any provision of the Alaska Native Claims \nSettlement Act (43 U.S.C. 1601 et seq.), including any payment that \nwould otherwise be made to a Village Corporation pursuant to section \n7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)), \nprovided that any such payments--\n ``(1) are assigned in writing to a Settlement Trust, and\n ``(2) were not received by such Native Corporation prior to \n the assignment described in paragraph (1).\n ``(b) Inclusion in Gross Income.--In the case of a Settlement Trust \nwhich has been assigned payments described in subsection (a), gross \nincome shall include such payments as and when such payments are \nreceived by such Settlement Trust pursuant to the assignment and shall \nhave the same character as if such payments were received by the Native \nCorporation.\n ``(c) Amount and Scope of Assignment.--The amount and scope of any \nassignment under subsection (a) shall be described with reasonable \nparticularity and may either be in a percentage of one or more such \npayments or in a fixed dollar amount.\n ``(d) Duration of Assignment; Revocability.--Any assignment under \nsubsection (a) shall specify--\n ``(1) a duration either in perpetuity or for a period of \n time, and\n ``(2) whether such assignment is revocable.\n ``(e) Prohibition on Deduction.--Notwithstanding section 250, no \ndeduction shall be allowed to a Native Corporation for purposes of any \namounts described in subsection (a).\n ``(f) Definitions.--For purposes of this section, the terms `Native \nCorporation' and `Settlement Trust' have the same meaning given such \nterms under section 646(h).''.\n (b) Conforming Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code is amended by inserting before \nthe item relating to section 140 the following new item:\n\n``Sec. 139G. Assignments to Alaska Native Settlement Trusts.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.\n\nSEC. 3. DEDUCTION OF CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS.\n\n (a) In General.--Part VIII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 250. CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS.\n\n ``(a) In General.--In the case of a Native Corporation, there shall \nbe allowed a deduction for any contributions made by such Native \nCorporation to a Settlement Trust (regardless of whether an election \nunder section 646 is in effect for such Settlement Trust) for which the \nNative Corporation has made an annual election under subsection (e).\n ``(b) Amount of Deduction.--The amount of the deduction under \nsubsection (a) shall be equal to--\n ``(1) in the case of a cash contribution (regardless of the \n method of payment, including currency, coins, money order, or \n check), the amount of such contribution, or\n ``(2) in the case of a contribution not described in \n paragraph (1), the Native Corporation's adjusted basis in the \n property contributed.\n ``(c) Limitation and Carryover.--\n ``(1) In general.--Subject to paragraph (2), the deduction \n allowed under subsection (a) for any taxable year shall not \n exceed the taxable income of the Native Corporation for the \n taxable year in which the contribution was made.\n ``(2) Carryover.--If the aggregate amount of contributions \n described in subsection (a) for any taxable year exceeds the \n limitation under paragraph (1), such excess shall be treated as \n a contribution described in subsection (a) in each of the 15 \n succeeding years in order of time.\n ``(d) Definitions.--For purposes of this section, the terms `Native \nCorporation' and `Settlement Trust' have the same meaning given such \nterms under section 646(h).\n ``(e) Manner of Making Election.--\n ``(1) In general.--For each taxable year, a Native \n Corporation may elect to have this section apply for such \n taxable year on the income tax return or amended income tax \n return of the Native Corporation, with such election to have \n effect solely for such taxable year.\n ``(2) Revocation.--Any election made by a Native \n Corporation pursuant to this subsection may be revoked pursuant \n to an amended income tax return which has been timely filed by \n such Native Corporation.\n ``(f) Additional Rules.--\n ``(1) Earnings and profits.--Notwithstanding section \n 646(d)(2), in the case of a Native Corporation which claims a \n deduction under this section for any taxable year, the earnings \n and profits of such Native Corporation for such taxable year \n shall be reduced by the amount of such deduction.\n ``(2) Gain or loss.--No gain or loss shall be recognized by \n the Native Corporation with respect to a contribution of \n property for which a deduction is allowed under this section.\n ``(3) Income.--Subject to subsection (g), a Settlement \n Trust shall report income in the amount of any deduction \n allowed under this section in the taxable year in which the \n Settlement Trust actually receives such contribution.\n ``(4) Period.--In determining the period that a Settlement \n Trust has held property for which a deduction is allowed under \n this section, the period the Native Corporation has held such \n property shall be included.\n ``(5) Basis.--The basis that a Settlement Trust has for \n which a deduction is allowed under this section shall be equal \n to the adjusted basis of the Native Corporation in such \n property immediately before such contribution.\n ``(6) Prohibition.--No deduction shall be allowed under \n this section with respect to any contributions made to a \n Settlement Trust which are in violation of subsection (a)(2) or \n (c)(2) of section 39 of the Alaska Native Claims Settlement Act \n (43 U.S.C. 1629e).\n ``(g) Election by Settlement Trust To Defer Income Recognition.--\n ``(1) In general.--In the case of a contribution which \n consists of property other than cash, a Settlement Trust may \n elect to defer recognition of any income related to such \n property until the sale or exchange of such property, in whole \n or in part, by the Settlement Trust.\n ``(2) Treatment.--In the case of property described in \n paragraph (1), any income or gain received by the Settlement \n Trust upon sale or exchange of such property shall be treated \n as--\n ``(A) for such amount of the income or gain as is \n equal to or less than the amount of income deferred \n pursuant to this subsection, ordinary income, and\n ``(B) for any amounts of the income or gain which \n are in excess of the amount of income deferred pursuant \n to this subsection, having the same character as if \n this subsection did not apply.\n ``(3) Election.--\n ``(A) In general.--For each taxable year, a \n Settlement Trust may elect to apply this subsection for \n any property described in paragraph (1) which was \n contributed during such year. Any property to which the \n election applies shall be identified and described with \n reasonable particularity on the income tax return or \n amended income tax return of the Settlement Trust, with \n such election to have effect solely for such taxable \n year.\n ``(B) Revocation.--Any election made by a \n Settlement Trust pursuant to this subsection may be \n revoked pursuant to an amended income tax return which \n has been timely filed by such Settlement Trust.\n ``(C) Certain dispositions.--\n ``(i) In general.--In the case of any \n property for which an election is in effect \n under this subsection and which is disposed of \n within the first taxable year subsequent to the \n taxable year in which such property was \n contributed to the Settlement Trust--\n ``(I) such election shall be voided \n as to such property,\n ``(II) the Settlement Trust shall \n be required to file an amended return \n for the taxable year in which such \n property was contributed, and\n ``(III) the Settlement Trust shall \n pay any tax applicable to such \n property, including interest and a \n penalty equal to 10 percent of the \n amount of such tax.\n ``(ii) Assessment.--Notwithstanding section \n 6501(a), any amount described in subclause \n (III) of clause (i) may be assessed, or a \n proceeding in court with respect to such amount \n may be initiated without assessment, within 4 \n years after the date on which the return making \n the election under this subsection for such \n property was filed.''.\n (b) Conforming Amendment.--The table of sections for part VIII of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new item:\n\n``Sec. 250. Contributions to Alaska Native Settlement Trusts.''.\n (c) Permissive Amendments to Trust Agreements Establishing \nSettlement Trusts.--\n (1) In general.--Notwithstanding any provision of law, \n including any provision of the Alaska Native Claims Settlement \n Act (43 U.S.C. 1601 et seq.), Alaska state law, or the terms of \n any trust agreement of a Settlement Trust (as defined under \n section 3(t) of the Alaska Native Claims Settlement Act, (43 \n U.S.C. 1602(t))), the terms of any trust agreement of a \n Settlement Trust may, within the 1-year period following the \n date of the enactment of this Act, be amended as necessary to \n allow such Trust to make an election described in subsection \n (g) of section 250 of the Internal Revenue Code of 1986 (as \n added by subsection (a)).\n (2) Amendment.--An amendment described in paragraph (1) \n shall be enacted pursuant to one or more agreements between the \n Native Corporation that established the Settlement Trust and \n the trustees of such Trust and shall not require any vote by \n the beneficiaries of such Trust or the shareholders of such \n Native Corporation.\n (3) Registration statement.--Any Settlement Trust which was \n registered in accordance with Alaska state law prior to the \n date of the enactment of an amendment described in paragraph \n (1) shall not be required to file a new or amended registration \n statement to reflect such amendment.\n (d) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years for which the period of limitation on \n refund or credit under section 6511 of the Internal Revenue \n Code of 1986 has not expired.\n (2) One-year waiver of statute of limitations.--If the \n period of limitation on a credit or refund resulting from the \n amendments made by subsection (a) expires before the end of the \n 1-year period beginning on the date of the enactment of this \n Act, refund or credit of such overpayment (to the extent \n attributable to such amendments) may, nevertheless, be made or \n allowed if claim therefor is filed before the close of such 1-\n year period.\n\nSEC. 4. INFORMATION REPORTING FOR DEDUCTIBLE CONTRIBUTIONS TO ALASKA \n NATIVE SETTLEMENT TRUSTS.\n\n (a) In General.--Section 6039H of the Internal Revenue Code of 1986 \nis amended--\n (1) in the heading, by striking ``sponsoring''; and\n (2) by adding at the end the following new subsection:\n ``(e) Deductible Contributions by Native Corporations to Alaska \nNative Settlement Trusts.--\n ``(1) In general.--Any Native Corporation (as defined in \n subsection (m) of section 3 of the Alaska Native Claims \n Settlement Act (43 U.S.C. 1602(m))) which has made a \n contribution to a Settlement Trust (as defined in subsection \n (t) of such section) to which an election under subsection (e) \n of section 250 applies shall provide such Settlement Trust with \n a statement regarding such election not later than January 31 \n of the calendar year subsequent to the calendar year in which \n the contribution was made.\n ``(2) Content of statement.--The statement described in \n paragraph (1) shall include--\n ``(A) the total amount of contributions to which \n the election under subsection (e) of section 250 \n applies,\n ``(B) for each contribution, whether such \n contribution was in cash,\n ``(C) for each contribution which consists of \n property other than cash, the date that such property \n was acquired by the Native Corporation and the adjusted \n basis of such property on the date such property was \n contributed to the Settlement Trust,\n ``(D) the date on which each contribution was made \n to the Settlement Trust, and\n ``(E) such information as the Secretary determines \n to be necessary or appropriate for the identification \n of each contribution and the accurate reporting of \n income relating to such contributions by the Settlement \n Trust.''.\n (b) Conforming Amendment.--The item relating to section 6039H in \nthe table of sections for subpart A of part III of subchapter A of \nchapter 61 of the Internal Revenue Code of 1986 is amended to read as \nfollows:\n\n``Sec. 6039H. Information With Respect to Alaska Native Settlement \n Trusts and Native Corporations.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.\n\nSEC. 5. STATUTORY CONSTRUCTION.\n\n This Act is remedial Indian legislation enacted under the plenary \nauthority of the Congress under the Constitution of the United States \nto regulate Indian affairs, and any ambiguities in section 139F or 250 \nof the Internal Revenue Code of 1986, as added by this Act, shall be \nresolved in favor of Native Corporations attempting to exclude income \nor claim a deduction thereunder.","summary":"Settlement Trust Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax treatment of Alaska Native Settlement Trusts, to: (1) allow an Alaska Native Corporation to assign certain payments referenced in the Alaska Native Claims Settlement Act to a trust without including the payments in the gross income of the corporation, (2) allow the corporation to elect annually to deduct contributions made to a trust, (3) allow a trust to elect to defer the recognition of gains related to contributions of property other than cash until the sale or exchange of the property, and (4) establish information reporting requirements for deductible contributions to a trust.","title":"Settlement Trust Improvement Act of 2017","text_len":16220,"sum_len":697} {"bill_id":"114_hr2242","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``World Press Freedom Protection Act \nof 2015''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Armed Services, the Committee \n on Financial Services, the Committee on Foreign \n Affairs, the Committee on Homeland Security, and the \n Committee on the Judiciary of the House of \n Representatives; and\n (B) the Committee on Armed Services, the Committee \n on Banking, Housing, and Urban Affairs, the Committee \n on Foreign Relations, the Committee on Homeland \n Security and Governmental Affairs, and the Committee on \n the Judiciary of the Senate.\n (2) Foreign person.--The term ``foreign person'' means an \n individual who is neither a citizen or national of the United \n States.\n\nSEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS FOR RESTRICTIONS ON \n THE RIGHT TO THE FREEDOM OF EXPRESSION AND RESTRICTIONS \n ON JOURNALISTS.\n\n (a) In General.--The President may impose the sanctions described \nin subsection (b) with respect to a foreign person if the President \ndetermines, based on credible information, that the foreign person--\n (1) is responsible for severe restrictions on the freedom \n of expression or freedom of the press, including the arrest, \n harassment, torture, mistreatment, threats, fines, or the \n pervasive surveillance of journalists, blockage or censorship \n of the Internet that hinders the free flow of information from \n journalists, or other serious violations of the international \n right to the freedom of expression; or\n (2) has materially assisted, sponsored, or provided \n financial, material, or technological support for, or goods or \n services in support of, an activity described in paragraph (1) \n .\n (b) Inadmissibility to United States.--The sanctions described in \nthis subsection are the following:\n (1) ineligibility to receive a visa to enter the United \n States or to be admitted to the United States; or\n (2) if the foreign person has been issued a visa or other \n documentation to be used to enter the United States, \n revocation, in accordance with section 221(i) of the \n Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa \n or other documentation.\n (c) Consideration of Certain Information in Imposing Sanctions.--In \ndetermining whether to impose sanctions under subsection (b), the \nPresident shall consider--\n (1) information provided by the chairperson and ranking \n member of each of the appropriate congressional committees; and\n (2) credible information obtained by other countries and \n nongovernmental organizations that monitor violations of human \n rights.\n (d) Waiver for National Security Interests.--The President may \nwaive the application of subsection (b) with respect to a foreign \nperson if the President determines that such a waiver is in the \nnational security interests of the United States.\n (e) Exception To Comply With United Nations Headquarters \nAgreement.--Subsection (b) shall not apply to a foreign person if \nadmitting the foreign person into the United States is necessary to \npermit the United States to comply with the Agreement between the \nUnited Nations and the United States of America regarding the \nHeadquarters of the United Nations, signed at Lake Success June 26, \n1947, and entered into force November 21, 1947, and other applicable \ninternational obligations of the United States.\n (f) Termination of Sanctions.--The President may terminate the \napplication of sanctions under subsection (b) with respect to a foreign \nperson if the President determines and reports to the appropriate \ncongressional committees not later than 15 days before the termination \nof the sanctions that--\n (1) credible information exists that the foreign person did \n not engage in the activity for which sanctions were imposed;\n (2) the foreign person has been prosecuted appropriately \n for the activity for which sanctions were imposed; or\n (3) the foreign person has credibly demonstrated a \n significant change in behavior, has paid an appropriate \n consequence for the activity for which sanctions were imposed, \n and has credibly committed to not engage in an activity \n described in subsection (a) in the future.\n (g) Regulatory Authority.--The President shall issue such \nregulations, licenses, and orders as are necessary to carry out this \nsection.\n\nSEC. 4. REPORTS BY PRESIDENT TO CONGRESS.\n\n (a) In General.--The President shall submit to the appropriate \ncongressional committees an annual report that includes--\n (1) a list of each foreign person with respect to which the \n President imposed sanctions pursuant to section 3 during the \n year preceding the submission of the report;\n (2) the number of foreign persons with respect to which the \n President terminated sanctions under section 3 during that \n year;\n (3) the dates on which such sanctions were imposed or \n terminated, as the case may be;\n (4) the reasons for imposing or terminating such sanctions; \n and\n (5) a description of the efforts of the President to \n encourage the governments of other countries to impose \n sanctions that are similar to the sanctions authorized by \n section 3.\n (b) Dates for Submission.--\n (1) Initial report.--The President shall submit the initial \n report required by this subsection not later than 180 days \n after the date of the enactment of this Act.\n (2) Subsequent reports.--\n (A) In general.--The President shall submit each \n subsequent report required by this subsection on \n December 10, or the first day thereafter on which both \n Houses of Congress are in session, of--\n (i) the calendar year in which the initial \n report is submitted if the initial report is \n submitted before December 10 of such calendar \n year; and\n (ii) each subsequent calendar year.\n (B) Congressional statement.--Congress notes that \n December 10 of each calendar year has been recognized \n in the United States and internationally since 1950 as \n ``Human Rights Day'' and thus the importance of \n December 10 of each calendar year as the date of \n submission of the subsequent reports required by this \n subsection.\n (c) Form.--The report required by subsection (a) shall be submitted \nunclassified form, but may contain a classified annex if necessary.\n (d) Public Availability.--\n (1) In general.--The unclassified portion of the report \n required by subsection (a) shall be made available to the \n public, including through publication in the Federal Register.\n (2) Nonapplicability of confidentiality requirement with \n respect to visa records.--If the President decides to publish \n the names of individuals sanctioned in a report required under \n this section, the President may do so without regard to the \n requirements of section 222(f) of the Immigration and \n Nationality Act (8 U.S.C. 1202(f)) with respect to \n confidentiality of records pertaining to the issuance or \n refusal of visas or permits to enter the United States.\n\nSEC. 5. LIMITING VISAS TO EXECUTIVES OF STATE-OWNED NEWS AND MEDIA \n ORGANIZATIONS OPERATING IN THE UNITED STATES.\n\n (a) Policy Statement.--Given the critical importance of the press \nfreedoms and the free flow of cross-border information for diplomatic, \npolitical, and financial relations globally, and for purposes of \ninvestors, businesses, and politicians making informed decisions, it \nshould be the policy of the United States Government to respond \nstrongly and persuasively to the growing number of restrictions, \nthreats, detentions, harassment, arrests, pervasive surveillance, \nkillings, and delays or denials of visas faced by foreign journalists \nand their domestic employees, especially the blockage and censorship of \nthe websites of news corporations.\n (b) Limitation on I-Visas.--Section 101(a)(15)(I) of the \nImmigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended by \ninserting ``subject to section 214(s),'' before ``upon a basis''.\n (c) Restrictions on Visas to Executives of State-Owned Media.--\nSection 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is \namended by adding at the end the following:\n ``(s) Restrictions on Visas to Executives of State-Owned Media.--\n ``(1) In general.--In the case of an alien who is an \n executive of a state-owned media organization of a foreign \n state and is applying for a visa under section 101(a)(15)(I) \n during a fiscal year, the visa shall be refused if any United \n States journalist or news organization personnel were expelled, \n had visas denied, or faced intimidation or violence or other \n restrictions in the course of working in the foreign state \n during the previous fiscal year.\n ``(2) Definition.--For purposes of this subsection, the \n term `executive of a state-owned media organization of a \n foreign state' means a representative, operating in a \n managerial or executive capacity of a media organization that \n is majority owned, operated, or controlled by a foreign \n government operating in the United States.''.\n (d) Transition Rule.--\n (1) In general.--The President may order the immediate \n revocation, delay, or refusal of visas under section \n 101(a)(15)(I) of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(15)(I)) issued to, or sought by, executives of a state-\n owned media organization of a foreign state before the date of \n the enactment of this Act in proportion to the expulsions, visa \n delays or denials, and intimidation experienced by United \n States journalists or news organization personnel in the course \n of working in the foreign state during the fiscal year \n preceding the fiscal year in which this Act is enacted.\n (2) Definition.--For purposes of paragraph (1), the term \n ``executive of a state-owned media organization of a foreign \n state'' means a representative, operating in a managerial or \n executive capacity of a media organization that is majority \n owned, operated, or controlled by a foreign government \n operating in the United States.\n\nSEC. 6. INCLUSION OF ADDITIONAL INFORMATION RELATING TO RESTRICTIONS \n FACED BY JOURNALISTS WORLDWIDE IN THE ANNUAL COUNTRY \n REPORTS ON HUMAN RIGHTS PRACTICES.\n\n The Foreign Assistance Act of 1961 is amended--\n (1) in section 116(d)(12) (22 U.S.C. 2151n(d)(12))--\n (A) in subparagraph (B), by striking ``and'' at the \n end;\n (B) in subparagraph (C), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(D) for each country--\n ``(i) a detailed description of the \n restrictions imposed against journalists and \n their domestic personnel, including a \n description of surveillance, harassment, \n detentions, death threats or physical attacks, \n censorship, including on the Internet, denials \n or delays of visas or travel documents, direct \n sources of pressure or intimidation, or any \n other restrictions that limit the ability to \n report information freely or restricts the free \n flow of information whether by governments, \n military, intelligence or police forces or \n criminal groups, armed extremists, or rebel \n groups; and\n ``(ii) a brief assessment of the country's \n practices with respect to foreign journalists \n and their domestic personnel by describing the \n country's practices as `very restrictive', \n `restrictive', `partially restrictive', or \n `mostly free'; and''; and\n (2) in the first subsection (i) of section 502B (22 U.S.C. \n 2304)--\n (A) in paragraph (2), by striking ``and'' at the \n end;\n (B) in paragraph (3), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(4) for each country--\n ``(5)\n ``(A) a detailed description of the restrictions \n imposed against journalists and their domestic \n personnel, including a description of surveillance, \n harassment, detentions, death threats or physical \n attacks, censorship, including on the Internet, denials \n or delays of visas or travel documents, direct sources \n of pressure or intimidation, or any other restrictions \n that limit the ability to report information freely or \n restricts the free flow of information whether by \n governments, military, intelligence or police forces or \n criminal groups, armed extremists, or rebel groups; and\n ``(B) a brief assessment of the country's practices \n with respect to foreign journalists and their domestic \n personnel by describing the country's practices as \n `very restrictive', `restrictive', `partially \n restrictive', or `mostly free'.''.\n\nSEC. 7. RESTRICTIONS ON THE FREEDOM OF EXPRESSION AND CENSORSHIP OF THE \n INTERNET TREATED AS A RESTRICTION ON TRADE.\n\n (a) Finding.--Congress finds that restrictions on the activities of \nUnited States journalists and media personnel and the censorship and \nblockage of websites and the cross-border flow of information damages \nthe competitiveness of United States corporations and limits access to \ninformation critical for investors, consumers, and others making market \nand financial decisions and should be considered a restriction of trade \nand an unfair competitive advantage benefitting foreign government-\ncontrolled news organizations and other news and media corporations.\n (b) Statement of Policy.--Congress declares the following:\n (1) The United States Government should seek as part of \n international treaty negotiations and in negotiations and \n bilateral discussions with China, Vietnam, Saudi Arabia, and \n other countries rated ``Not Free'' by Freedom House's annual \n ``Freedom of the Press'' survey, conditions for a free and \n unfettered operation of websites, an end to visas restrictions \n for journalists, an end to harassment, intimidation, and \n surveillance of foreign journalists and an end to the abuse of \n state secrets laws, including China's restrictions on the \n sharing of information between Chinese and foreign journalists.\n (2) In addition, the United States Government should seek \n to link expansion of the free flow of information with ongoing \n and future trade agreements, and other bilateral agreements and \n communiques, by seeking language eliminating any and all \n limitations on market access for news agency services and \n eliminate any restrictions on cross-border data flows involving \n journalists and the media, including in the Trans-Pacific \n Partnership, Bilateral Investment Treaties, or any other trade \n negotiations planned or in progress and seek stipulations \n guaranteeing fair treatment of United States and other foreign \n journalists and their publications, consistent with the \n treatment received by foreign journalists operating in the \n United States and free and unfettered operation of websites in \n China and other countries where they are blocked or censored.\n (c) Sense of Congress.--In order to promote freedom of the press \nand recognize the importance of that internationally recognized right \nto economic freedom and economic security, it is the sense of Congress \nthat--\n (1) restrictions on journalists and media websites and the \n censorship of the Internet are significant foreign trade \n barriers;\n (2) the United States Trade Representative should include a \n list of United States websites blocked in foreign countries in \n reporting on trade barriers in its annual report on foreign \n trade barriers; and\n (3) the United States Government should pursue, at the \n World Trade Organization (WTO) , disputes to end blockage of \n United States websites by foreign governments, which would \n include requirements for other members of the WTO to regularly \n publish a list of any banned or censored websites and provide \n website owners an opportunity to appeal.","summary":"World Press Freedom Protection Act of 2015 This bill authorizes the President to impose US admissibility sanctions against a foreign person who: is responsible for severe restrictions on the freedom of expression or freedom of the press. Or has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, such an activity. The President may waive such sanctions if in US national security interests, and terminate them under specified conditions. Sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U. N.) and the United States regarding the U. N. Headquarters or other applicable international obligations of the United States. The President shall report to Congress annually regarding each foreign person sanctioned, and the dates and reason for the imposition of any sanctions. It should be US policy to respond strongly to the growing number of restrictions, arrests, killings, and visa delays or denials faced by foreign journalists and their domestic employees. An executive of a foreign state-owned media organization who is applying for a nonimmigrant I-visa shall be refused the visa if any US journalist or news organization personnel were expelled, had visas denied, or faced violence in the course of working in such foreign state during the previous fiscal year. Annual country reports of human rights practices under the Foreign Assistance Act of 1961 shall now include information about the country's practices with respect to foreign journalists and their domestic personnel. It is the sense of Congress that: restrictions on journalists and media websites and Internet censorship are significant foreign trade barriers. The United States Trade Representative should include a list of blocked US websites in its annual report on foreign trade barriers. And the United States should pursue disputes to end foreign blockage of US websites at the World Trade Organization.","title":"World Press Freedom Protection Act of 2015","text_len":18233,"sum_len":2000} {"bill_id":"111_s987","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Protecting Girls by \nPreventing Child Marriage Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Child marriage, also known as ``forced marriage'' or \n ``early marriage'', is a harmful traditional practice that \n deprives girls of their dignity and human rights.\n (2) Child marriage as a traditional practice, as well as \n through coercion or force, is a violation of article 16 of the \n Universal Declaration of Human Rights, which states, ``Marriage \n shall be entered into only with the free and full consent of \n intending spouses''.\n (3) According to the United Nations Children's Fund \n (UNICEF), an estimated 60,000,000 girls in developing countries \n now ages 20 through 24 were married under the age of 18, and if \n present trends continue more than 100,000,000 more girls in \n developing countries will be married as children over the next \n decade, according to the Population Council.\n (4) Between \\1\/2\\ and \\3\/4\\ of all girls are married before \n the age of 18 in Niger, Chad, Mali, Bangladesh, Guinea, the \n Central African Republic, Mozambique, Burkina Faso, and Nepal, \n according to Demographic Health Survey data.\n (5) Factors perpetuating child marriage include poverty, a \n lack of educational or employment opportunities for girls, \n parental concerns to ensure sexual relations within marriage, \n the dowry system, and the perceived lack of value of girls.\n (6) Child marriage has negative effects on the health of \n girls, including significantly increased risk of maternal death \n and morbidity, infant mortality and morbidity, obstetric \n fistula, and sexually transmitted diseases, including HIV\/AIDS.\n (7) According to the United States Agency for International \n Development (USAID), increasing the age at first birth for a \n woman will increase her chances of survival. Currently, \n pregnancy and childbirth complications are the leading cause of \n death for women 15 to 19 years old in developing countries.\n (8) Most countries with high rates of child marriage have a \n legally established minimum age of marriage, yet child marriage \n persists due to strong traditional norms and the failure to \n enforce existing laws.\n (9) Secretary of State Hillary Clinton has stated that \n child marriage is ``a clear and unacceptable violation of human \n rights'', and that ``the Department of State categorically \n denounces all cases of child marriage as child abuse''.\n (10) According to an International Center for Research on \n Women analysis of Demographic and Health Survey data, areas or \n regions in developing countries in which 40 percent or more of \n girls under the age of 18 are married are considered high-\n prevalence areas for child marriage.\n (11) Investments in girls' schooling, creating safe \n community spaces for girls, and programs for skills building \n for out-of-school girls are all effective and demonstrated \n strategies for preventing child marriage and creating a pathway \n to empower girls by addressing conditions of poverty, low \n status, and norms that contribute to child marriage.\n\nSEC. 3. CHILD MARRIAGE DEFINED.\n\n In this Act, the term ``child marriage'' means the marriage of a \ngirl or boy, not yet the minimum age for marriage stipulated in law in \nthe country in which the girl or boy is a resident or, where there is \nno such law, under the age of 18.\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) child marriage is a violation of human rights, and the \n prevention and elimination of child marriage should be a \n foreign policy goal of the United States;\n (2) the practice of child marriage undermines United States \n investments in foreign assistance to promote education and \n skills building for girls, reduce maternal and child mortality, \n reduce maternal illness, halt the transmission of HIV\/AIDS, \n prevent gender-based violence, and reduce poverty; and\n (3) expanding educational opportunities for girls, economic \n opportunities for women, and reducing maternal and child \n mortality are critical to achieving the Millennium Development \n Goals and the global health and development objectives of the \n United States, including efforts to prevent HIV\/AIDS.\n\nSEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES.\n\n (a) Assistance Authorized.--\n (1) In general.--The President is authorized to provide \n assistance, including through multilateral, nongovernmental, \n and faith-based organizations, to prevent the incidence of \n child marriage in developing countries through the promotion of \n educational, health, economic, social, and legal empowerment of \n girls and women.\n (2) Priority.--In providing assistance authorized under \n paragraph (1), the President shall give priority to--\n (A) areas or regions in developing countries in \n which 40 percent or more of girls under the age of 18 \n are married; and\n (B) activities to--\n (i) expand and replicate existing \n community-based programs that are successful in \n preventing the incidence of child marriage;\n (ii) establish pilot projects to prevent \n child marriage; and\n (iii) share evaluations of successful \n programs, program designs, experiences, and \n lessons.\n (b) Strategy Required.--\n (1) In general.--The President shall establish a multi-year \n strategy to prevent child marriage and promote the empowerment \n of girls at risk of child marriage in developing countries, \n which should address the unique needs, vulnerabilities, and \n potential of girls under age 18 in developing countries.\n (2) Consultation.--In establishing the strategy required by \n paragraph (1), the President shall consult with Congress, \n relevant Federal departments and agencies, multilateral \n organizations, and representatives of civil society.\n (3) Elements.--The strategy required by paragraph (1) \n shall--\n (A) focus on areas in developing countries with \n high prevalence of child marriage;\n (B) encompass diplomatic initiatives between the \n United States and governments of developing countries, \n with attention to human rights, legal reforms, and the \n rule of law;\n (C) encompass programmatic initiatives in the areas \n of education, health, income generation, changing \n social norms, human rights, and democracy building; and\n (D) be submitted to Congress not later than one \n year after the date of the enactment of this Act.\n (c) Report.--Not later than three years after the date of the \nenactment of this Act, the President should submit to Congress a report \nthat includes--\n (1) a description of the implementation of the strategy \n required by subsection (b);\n (2) examples of best practices or programs to prevent child \n marriage in developing countries that could be replicated; and\n (3) an assessment, including data disaggregated by age and \n sex to the extent possible, of current United States funded \n efforts to specifically prevent child marriage in developing \n countries.\n (d) Coordination.--Assistance authorized under subsection (a) shall \nbe integrated with existing United States development programs.\n (e) Activities Supported.--Assistance authorized under subsection \n(a) may be made available for activities in the areas of education, \nhealth, income generation, agriculture development, legal rights, \ndemocracy building, and human rights, including--\n (1) support for community-based activities that encourage \n community members to address beliefs or practices that promote \n child marriage and to educate parents, community leaders, \n religious leaders, and adolescents of the health risks \n associated with child marriage and the benefits for \n adolescents, especially girls, of access to education, health \n care, livelihood skills, microfinance, and savings programs;\n (2) support for activities to educate girls in primary and \n secondary school at the appropriate age and keeping them in \n age-appropriate grade levels through adolescence;\n (3) support for activities to reduce education fees and \n enhance safe and supportive conditions in primary and secondary \n schools to meet the needs of girls, including--\n (A) access to water and suitable hygiene \n facilities, including separate lavatories and latrines \n for girls;\n (B) assignment of female teachers;\n (C) safe routes to and from school; and\n (D) eliminating sexual harassment and other forms \n of violence and coercion;\n (4) support for activities that allow adolescent girls to \n access health care services and proper nutrition, which is \n essential to both their school performance and their economic \n productivity;\n (5) assistance to train adolescent girls and their parents \n in financial literacy and access economic opportunities, \n including livelihood skills, savings, microfinance, and small-\n enterprise development;\n (6) support for education, including through community and \n faith-based organizations and youth programs, that helps remove \n gender stereotypes and the bias against girls used to justify \n child marriage, especially efforts targeted at men and boys, \n promotes zero tolerance for violence, and promotes gender \n equality, which in turn help to increase the perceived value of \n girls;\n (7) assistance to create peer support and female mentoring \n networks and safe social spaces specifically for girls; and\n (8) support for local advocacy work to provide legal \n literacy programs at the community level to ensure that \n governments and law enforcement officials are meeting their \n obligations to prevent child and forced marriage.\n\nSEC. 6. RESEARCH AND DATA.\n\n It is the sense of Congress that the President and all relevant \nagencies should, as part of their ongoing research and data collection \nactivities--\n (1) collect and make available data on the incidence of \n child marriage in countries that receive foreign or development \n assistance from the United States where the practice of child \n marriage is prevalent; and\n (2) collect and make available data on the impact of the \n incidence of child marriage and the age at marriage on progress \n in meeting key development goals.\n\nSEC. 7. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS \n PRACTICES.\n\n The Foreign Assistance Act of 1961 is amended--\n (1) in section 116 (22 U.S.C. 2151n), by adding at the end \n the following new subsection:\n ``(g) The report required by subsection (d) shall include, for each \ncountry in which child marriage is prevalent, a description of the \nstatus of the practice of child marriage in such country. In this \nsubsection, the term `child marriage' means the marriage of a girl or \nboy, not yet the minimum age for marriage stipulated in law or under \nthe age of 18 if no such law exists, in the country in which such girl \nor boy is a resident.''; and\n (2) in section 502B (22 U.S.C. 2304), by adding at the end \n the following new subsection:\n ``(i) The report required by subsection (b) shall include, for each \ncountry in which child marriage is prevalent, a description of the \nstatus of the practice of child marriage in such country. In this \nsubsection, the term `child marriage' means the marriage of a girl or \nboy, not yet the minimum age for marriage stipulated in law or under \nthe age of 18 if no such law exists, in the country in which such girl \nor boy is a resident.''.\n\n Passed the Senate December 1, 2010.\n\n Attest:\n\n NANCY ERICKSON,\n\n Secretary.","summary":"International Protecting Girls by Preventing Child Marriage Act of 2010 - Defines child marriage as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident, or where there is no such law, under the age of 18. Expresses the sense of Congress that: (1) child marriage is a violation of human rights and its prevention and elimination should be a US foreign policy goal. And (2) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and US global health and development objectives, including efforts to prevent HIVAIDS. Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria. Directs the President to establish a multi-year strategy to prevent child marriage and promote the empowerment of girls at risk of child marriage in developing countries, and should include addressing the unique needs, vulnerabilities, and potential of girls under age 18 in developing countries. Sets forth strategy elements. Expresses the sense of Congress that the President and all relevant agencies should collect and make available data on: (1) the incidence of child marriage in countries that receive US foreign or development assistance where the practice of child marriage is prevalent. And (2) the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals. Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for each country in which child marriage is prevalent.","title":"A bill to protect girls in developing countries through the prevention of child marriage, and for other purposes.","text_len":13198,"sum_len":1996} {"bill_id":"110_s2890","text":"SECTION 1. HIGHWAY FUEL TAX HOLIDAY.\n\n (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and \nDiesel Fuel.--\n (1) In general.--Section 4081 of the Internal Revenue Code \n of 1986 (relating to imposition of tax on gasoline, diesel \n fuel, and kerosene) is amended by adding at the end the \n following new subsection:\n ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.--\n ``(1) In general.--During the applicable period, each rate \n of tax referred to in paragraph (2) shall be reduced to zero \n cents per gallon.\n ``(2) Rates of tax.--The rates of tax referred to in this \n paragraph are--\n ``(A) the rate of tax otherwise applicable to \n gasoline under clause (i) of subsection (a)(2)(A), \n determined with regard to subsection (a)(2)(B) and \n without regard to subsection (a)(2)(C),\n ``(B) the rate of tax otherwise applicable to \n diesel fuel under clause (iii) of subsection (a)(2)(A), \n determined with regard to subsection (a)(2)(B) and \n without regard to subsection (a)(2)(C), and\n ``(C) the rate of tax otherwise applicable to \n diesel fuel under paragraph (1) of section 4041(a) with \n respect to fuel sold for use or used in a diesel-\n powered highway vehicle.\n ``(3) Applicable period.--For purposes of this subsection, \n the term `applicable period' means the period beginning on May \n 26, 2008, and ending on September 1, 2008.\n ``(4) Maintenance of trust fund deposits.--In determining \n the amounts to be appropriated to the Highway Trust Fund under \n section 9503 and to the Leaking Underground Storage Tank Trust \n Fund under 9508, an amount equal to the reduction in revenues \n to the Treasury by reason of this subsection shall be treated \n as taxes received in the Treasury under this section or section \n 4041.''.\n (2) Effective date.--The amendment made by this subsection \n shall take effect on the date of the enactment of this Act.\n (b) Floor Stock Refunds.--\n (1) In general.--If--\n (A) before the tax suspension date, a tax referred \n to in section 4081(f)(2) of the Internal Revenue Code \n of 1986 has been imposed under such Code on any liquid, \n and\n (B) on such date such liquid is held by a dealer \n and has not been used and is intended for sale,\n there shall be credited or refunded (without interest) to the \n person who paid such tax (hereafter in this subsection referred \n to as the ``taxpayer''), against the taxpayer's subsequent \n semi-monthly deposit of such tax, an amount equal to the excess \n of the tax paid by the taxpayer over the amount of such tax \n which would be imposed on such liquid had the taxable event \n occurred on the tax suspension date.\n (2) Time for filing claims; certifications necessary to \n file claims.--\n (A) In general.--No credit or refund shall be \n allowed or made under this subsection--\n (i) unless claim therefore is filed with \n the Secretary before the date which is 6 months \n after the tax suspension date, and\n (ii) in any case where liquid is held by a \n dealer (other than the taxpayer) on the tax \n suspension date, unless the taxpayer files with \n the Secretary--\n (I) a certification that the \n taxpayer has given a credit to such \n dealer with respect to such liquid \n against the dealer's first purchase of \n liquid from the taxpayer subsequent to \n the tax suspension date, and\n (II) a certification by such dealer \n that such dealer has given a credit to \n a succeeding dealer (if any) with \n respect to such liquid against the \n succeeding dealer's first purchase of \n liquid from such dealer subsequent to \n the tax suspension date.\n (B) Reasonableness of claims certified.--Any \n certification made under subparagraph (A) shall include \n an additional certification that the claim for credit \n was reasonably based on the taxpayer's or dealer's past \n business relationship with the succeeding dealer.\n (3) Definitions.--For purposes of this subsection--\n (A) the terms ``dealer'' and ``held by a dealer'' \n have the respective meanings given to such terms by \n section 6412 of such Code; except that the term \n ``dealer'' includes a producer, and\n (B) the term ``tax suspension date'' means May 26, \n 2008.\n (4) Certain rules to apply.--Rules similar to the rules of \n subsections (b) and (c) of section 6412 of such Code shall \n apply for purposes of this subsection.\n (c) Floor Stocks Tax.--\n (1) Imposition of tax.--In the case of any liquid on which \n tax would have been imposed under section 4081 of the Internal \n Revenue Code of 1986 during the applicable period but for the \n amendment made by subsection (a), and which is held on the \n floor stocks tax date by any person, there is hereby imposed a \n floor stocks tax in an amount equal to the tax which would be \n imposed on such liquid had the taxable event occurred on the \n floor stocks tax date.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding a liquid \n on the floor stocks tax date to which the tax imposed \n by paragraph (1) applies shall be liable for such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before the date which is 6 \n months after the floor stocks tax date.\n (3) Definitions.--For purposes of this subsection--\n (A) Held by a person.--A liquid shall be considered \n as ``held by a person'' if title thereto has passed to \n such person (whether or not delivery to the person has \n been made).\n (B) Gasoline and diesel fuel.--The terms \n ``gasoline'' and ``diesel fuel'' have the respective \n meanings given such terms by section 4083 of such Code.\n (C) Floor stocks tax date.--The term ``floor stocks \n tax date'' means September 2, 2008.\n (D) Applicable period.--The term ``applicable \n period'' means the period described in section \n 4081(f)(3) of such Code.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to gasoline or diesel fuel held \n by any person exclusively for any use to the extent a credit or \n refund of the tax imposed by section 4081 of such Code is \n allowable for such use.\n (5) Exception for fuel held in vehicle tank.--No tax shall \n be imposed by paragraph (1) on gasoline or diesel fuel held in \n the tank of a motor vehicle.\n (6) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1)--\n (i) on gasoline (other than aviation \n gasoline) held on the floor stocks tax date by \n any person if the aggregate amount of gasoline \n held by such person on such date does not \n exceed 4,000 gallons, and\n (ii) on diesel fuel held on such date by \n any person if the aggregate amount of diesel \n fuel held by such person on such date does not \n exceed 2,000 gallons.\n The preceding sentence shall apply only if such person \n submits to the Secretary (at the time and in the manner \n required by the Secretary) such information as the \n Secretary shall require for purposes of this \n subparagraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account fuel held by any \n person which is exempt from the tax imposed by \n paragraph (1) by reason of paragraph (4) or (5).\n (C) Controlled groups.--For purposes of this \n paragraph--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of clause (i) shall apply to a group of persons \n under common control where 1 or more of such \n persons is not a corporation.\n (7) Other law applicable.--All provisions of law, including \n penalties, applicable with respect to the taxes imposed by \n section 4081 of such Code shall, insofar as applicable and not \n inconsistent with the provisions of this paragraph, apply with \n respect to the floor stock taxes imposed by paragraph (1) to \n the same extent as if such taxes were imposed by such section \n 4081.\n (d) Secretary.--For purposes of this section, the term \n``Secretary'' means the Secretary of the Treasury or the Secretary's \ndelegate.\n (e) Benefits of Tax Reduction Should Be Passed on to Consumers.--It \nis the policy of Congress that--\n (1) consumers immediately receive the benefit of the \n reduction in taxes resulting from the amendment made by \n subsection (a), and\n (2) transportation motor fuels producers and other dealers \n take such actions as necessary to reduce transportation motor \n fuels prices to reflect such reduction, including immediate \n credits to customer accounts representing tax refunds allowed \n as credits against excise tax deposit payments under the floor \n stocks refund provisions of subsection (b).","summary":"Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the policy of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from this Act. And (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes.","title":"A bill to amend the Internal Revenue Code of 1986 to provide for a highway fuel tax holiday.","text_len":12077,"sum_len":554} {"bill_id":"115_hr2214","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Shutdown Accountability \nand Economic Report Act of 2017''.\n\nSEC. 2. PROHIBITING PAY OF MEMBERS OF CONGRESS IN EVENT OF GOVERNMENT \n SHUTDOWN.\n\n (a) Prohibition of Pay.--\n (1) In general.--If on any day during a pay period a \n Government shutdown is in effect, the payroll administrator of \n each House of Congress shall exclude from the payments \n otherwise required to be made with respect to that pay period \n for the compensation of each Member of Congress who serves in \n that House of Congress an amount equal to the product of--\n (A) an amount equal to one day's worth of pay under \n the annual rate of pay applicable to the Member under \n section 601(a) of the Legislative Reorganization Act of \n 1946 (2 U.S.C. 4501); and\n (B) the number of 24-hour periods during which the \n Government shutdown is in effect which occur during the \n pay period.\n (2) Effective date.--This subsection shall apply with \n respect to days occurring after the date of the regularly \n scheduled general election for Federal office held in November \n 2018.\n (b) Special Rule for One Hundred Fifteenth Congress.--\n (1) Holding salaries in escrow.--If on any day during the \n One Hundred Fifteenth Congress a Government shutdown is in \n effect, the payroll administrator of that House of Congress \n shall--\n (A) withhold from the payments otherwise required \n to be made with respect to a pay period for the \n compensation of each Member of Congress who serves in \n that House of Congress an amount equal to the product \n of--\n (i) an amount equal to one day's worth of \n pay under the annual rate of pay applicable to \n the Member under section 601(a) of the \n Legislative Reorganization Act of 1946 (2 \n U.S.C. 4501); and\n (ii) the number of 24-hour periods during \n which the Government shutdown is in effect \n which occur during the pay period; and\n (B) deposit in an escrow account all amounts \n withheld under subparagraph (A).\n (2) Release of amounts at end of the congress.--In order to \n ensure that this subsection is carried out in a manner that \n shall not vary the compensation of Senators or Representatives \n in violation of the twenty-seventh article of amendment to the \n Constitution of the United States, the payroll administrator of \n a House of Congress shall release for payments to Members of \n that House of Congress any amounts remaining in any escrow \n account under this subsection on the last day of the One \n Hundred Fifteenth Congress.\n (3) Exception for days occurring after general election.--\n This subsection does not apply with respect to any day during \n the One Hundred Fifteenth Congress which occurs after the date \n of the regularly scheduled general election for Federal office \n held in November 2018.\n (c) Role of Secretary of the Treasury.--The Secretary of the \nTreasury shall provide the payroll administrators of the Houses of \nCongress with such assistance as may be necessary to enable the payroll \nadministrators to carry out this section.\n (d) Payroll Administrator Defined.--In this section, the ``payroll \nadministrator'' of a House of Congress means--\n (1) in the case of the House of Representatives, the Chief \n Administrative Officer of the House of Representatives, or an \n employee of the Office of the Chief Administrative Officer who \n is designated by the Chief Administrative Officer to carry out \n this section; and\n (2) in the case of the Senate, the Secretary of the Senate, \n or an employee of the Office of the Secretary of the Senate who \n is designated by the Secretary to carry out this section.\n (e) Member of Congress Defined.--In this section, the term ``Member \nof Congress'' means an individual serving in a position under \nsubparagraph (A), (B), or (C) of section 601(a) of the Legislative \nReorganization Act of 1946 (2 U.S.C. 4501).\n\nSEC. 3. REPORTS BY CONGRESSIONAL BUDGET OFFICE ON ECONOMIC COSTS AND \n COSTS TO TAXPAYERS OF GOVERNMENT SHUTDOWN.\n\n Not later than 24 hours after each day on which a Government \nshutdown is in effect, the Director of the Congressional Budget Office \nshall submit a report to Congress containing information on each of the \nfollowing, based on the most recent information available to the \nDirector:\n (1) An estimate of the economic output lost on that day as \n the result of the Government shutdown.\n (2) An estimate of any decrease in gross domestic product \n for the quarter that will occur as the result of the Government \n shutdown.\n (3) The value of any assistance, including loans, grants, \n and contracts, that the Small Business Administration was \n unable to provide as the result of the Government shutdown.\n (4) The amount of any revenue for the National Park Service \n that was lost on that day as the result of the closure of \n National Park Service lands and historic sites.\n (5) An estimate of revenue lost on that day because of the \n effects of the Government shutdown on tourism and travel to and \n within the United States, including travel by foreign tourists.\n\nSEC. 4. DETERMINATION OF GOVERNMENT SHUTDOWN.\n\n For purposes of this Act, a Government shutdown shall be considered \nto be in effect if there is a lapse in appropriations for any Federal \nagency or department as a result of a failure to enact a regular \nappropriations bill or continuing resolution.","summary":"Government Shutdown Accountability and Economic Report Act of 2017 This bill prohibits Members of Congress from being paid salaries during a pay period in which a government shutdown is in effect after the regularly scheduled general election for federal office held in November 2018. For the purpose of this bill, a government shutdown is considered to be in effect if there is a lapse in appropriations for any federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. If a government shutdown occurs during the 115th Congress, congressional salaries must be withheld during the shutdown and released to Members of Congress at the end of the Congress, subject to an exception for any day during the 115th Congress which occurs after the date of the regularly scheduled general election for federal office held in November 2018. During a government shutdown, the Congressional Budget Office must submit specified reports to Congress regarding the costs and economic effects of the shutdown.","title":"Government Shutdown Accountability and Economic Report Act of 2017","text_len":6212,"sum_len":1052} {"bill_id":"104_hr1747","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Federally \nSupported Health Centers Assistance Act of 1995''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nPublic Health Service Act.\n\nSEC. 2. PERMANENT EXTENSION OF PROGRAM.\n\n (a) In General.--Section 224(g)(3) (42 U.S.C. 233(g)(3)) is amended \nby striking the last sentence.\n (b) Conforming Amendments.--Section 224(k) (42 U.S.C. 233(k)) is \namended--\n (1) in paragraph (1)(A)--\n (A) by striking ``For each of the fiscal years 1993, 1994, \n and 1995'' and inserting ``For each fiscal year''; and\n (B) by striking ``(except'' and all that follows through \n ``thereafter)''; and\n (2) in paragraph (2), by striking ``for each of the fiscal \n years 1993, 1994, and 1995'' and inserting ``for each fiscal \n year''.\n\nSEC. 3. CLARIFICATION OF COVERAGE.\n\n Section 224 (42 U.S.C. 233) is amended--\n (1) in subsection (g)(1), by striking ``an entity described in \n paragraph (4)'' in the first sentence and all that follows through \n ``contractor'' in the second sentence and inserting the following: \n ``an entity described in paragraph (4), and any officer, governing \n board member, or employee of such an entity, and any contractor of \n such an entity who is a physician or other licensed or certified \n health care practitioner (subject to paragraph (5)), shall be \n deemed to be an employee of the Public Health Service for a \n calendar year that begins during a fiscal year for which a transfer \n was made under subsection (k)(3) (subject to paragraph (3)). The \n remedy against the United States for an entity described in \n paragraph (4) and any officer, governing board member, employee, or \n contractor''; and\n (2) in subsection (k)(3), by inserting ``governing board \n member,'' after ``officer,''.\n\nSEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN \n CENTER PATIENTS.\n\n Section 224(g)(1) (42 U.S.C. 233(g)) is amended--\n (1) by redesignating paragraph (1) as paragraph (1)(A); and\n (2) by adding at the end thereof the following:\n ``(B) The deeming of any entity or officer, governing board member, \nemployee, or contractor of the entity to be an employee of the Public \nHealth Service for purposes of this section shall apply with respect to \nservices provided--\n ``(i) to all patients of the entity, and\n ``(ii) subject to subparagraph (C), to individuals who are not \n patients of the entity.\n ``(C) Subparagraph (B)(ii) applies to services provided to \nindividuals who are not patients of an entity if the Secretary \ndetermines, after reviewing an application submitted under subparagraph \n(D), that the provision of the services to such individuals--\n ``(i) benefits patients of the entity and general populations \n that could be served by the entity through community-wide \n intervention efforts within the communities served by such entity;\n ``(ii) facilitates the provision of services to patients of the \n entity; or\n ``(iii) are otherwise required under an employment contract (or \n similar arrangement) between the entity and an officer, governing \n board member, employee, or contractor of the entity.''.\n\nSEC. 5. APPLICATION PROCESS.\n\n (a) Application Requirement.--Section 224(g)(1) (42 U.S.C. \n233(g)(1)) (as amended by section 4) is further amended--\n (1) in subparagraph (A), by inserting after ``For purposes of \n this section'' the following: ``and subject to the approval by the \n Secretary of an application under subparagraph (D)''; and\n (2) by adding at the end thereof the following:\n ``(D) The Secretary may not under subparagraph (A) deem an entity \nor an officer, governing board member, employee, or contractor of the \nentity to be an employee of the Public Health Service for purposes of \nthis section, and may not apply such deeming to services described in \nsubparagraph (B)(ii), unless the entity has submitted an application \nfor such deeming to the Secretary in such form and such manner as the \nSecretary shall prescribe. The application shall contain detailed \ninformation, along with supporting documentation, to verify that the \nentity, and the officer, governing board member, employee, or \ncontractor of the entity, as the case may be, meets the requirements of \nsubparagraphs (B) and (C) of this paragraph and that the entity meets \nthe requirements of paragraphs (1) through (4) of subsection (h).\n ``(E) The Secretary shall make a determination of whether an entity \nor an officer, governing board member, employee, or contractor of the \nentity is deemed to be an employee of the Public Health Service for \npurposes of this section within 30 days after the receipt of an \napplication under subparagraph (D). The determination of the Secretary \nthat an entity or an officer, governing board member, employee, or \ncontractor of the entity is deemed to be an employee of the Public \nHealth Service for purposes of this section shall apply for the period \nspecified by the Secretary under subparagraph (A).\n ``(F) Once the Secretary makes a determination that an entity or an \nofficer, governing board member, employee, or contractor of an entity \nis deemed to be an employee of the Public Health Service for purposes \nof this section, the determination shall be final and binding upon the \nSecretary and the Attorney General and other parties to any civil \naction or proceeding. Except as provided in subsection (i), the \nSecretary and the Attorney General may not determine that the provision \nof services which are the subject of such a determination are not \ncovered under this section.\n ``(G) In the case of an entity described in paragraph (4) that has \nnot submitted an application under subparagraph (D):\n ``(i) The Secretary may not consider the entity in making \n estimates under subsection (k)(1).\n ``(ii) This section does not affect any authority of the entity \n to purchase medical malpractice liability insurance coverage with \n Federal funds provided to the entity under section 329, 330, 340, \n or 340A.\n ``(H) In the case of an entity described in paragraph (4) for which \nan application under subparagraph (D) is in effect, the entity may, \nthrough notifying the Secretary in writing, elect to terminate the \napplicability of this subsection to the entity. With respect to such \nelection by the entity:\n ``(i) The election is effective upon the expiration of the 30-\n day period beginning on the date on which the entity submits such \n notification.\n ``(ii) Upon taking effect, the election terminates the \n applicability of this subsection to the entity and each officer, \n governing board member, employee, and contractor of the entity.\n ``(iii) Upon the effective date for the election, clauses (i) \n and (ii) of subparagraph (G) apply to the entity to the same extent \n and in the same manner as such clauses apply to an entity that has \n not submitted an application under subparagraph (D).\n ``(iv) If after making the election the entity submits an \n application under subparagraph (D), the election does not preclude \n the Secretary from approving the application (and thereby restoring \n the applicability of this subsection to the entity and each \n officer, governing board member, employee, and contractor of the \n entity, subject to the provisions of this subsection and the \n subsequent provisions of this section.''.\n (b) Approval Process.--Section 224(h) (42 U.S.C. 233(h)) is \namended--\n (1) in the matter preceding paragraph (1), by striking \n ``Notwithstanding'' and all that follows through ``entity--'' and \n inserting the following: ``The Secretary may not approve an \n application under subsection (g)(1)(D) unless the Secretary \n determines that the entity--''; and\n (2) by striking ``has fully cooperated'' in paragraph (4) and \n inserting ``will fully cooperate''.\n (c) Delayed Applicability for Current Participants.--If, on the day \nbefore the date of the enactment of this Act, an entity was deemed to \nbe an employee of the Public Health Service for purposes of section \n224(g) of the Public Health Service Act, the condition under paragraph \n(1)(D) of such section (as added by subsection (a) of this section) \nthat an application be approved with respect to the entity does not \napply until the expiration of the 180-day period beginning on such \ndate.\n\nSEC. 6. TIMELY RESPONSE TO FILING OF ACTION OR PROCEEDING.\n\n Section 224 (42 U.S.C. 233) is amended by adding at the end thereof \nthe following subsection:\n ``(l)(1) If a civil action or proceeding is filed in a State court \nagainst any entity described in subsection (g)(4) or any officer, \ngoverning board member, employee, or any contractor of such an entity \nfor damages described in subsection (a), the Attorney General, within \n15 days after being notified of such filing, shall make an appearance \nin such court and advise such court as to whether the Secretary has \ndetermined under subsections (g) and (h), that such entity, officer, \ngoverning board member, employee, or contractor of the entity is deemed \nto be an employee of the Public Health Service for purposes of this \nsection with respect to the actions or omissions that are the subject \nof such civil action or proceeding. Such advice shall be deemed to \nsatisfy the provisions of subsection (c) that the Attorney General \ncertify that an entity, officer, governing board member, employee, or \ncontractor of the entity was acting within the scope of their \nemployment or responsibility.\n ``(2) If the Attorney General fails to appear in State court within \nthe time period prescribed under paragraph (1), upon petition of any \nentity or officer, governing board member, employee, or contractor of \nthe entity named, the civil action or proceeding shall be removed to \nthe appropriate United States district court. The civil action or \nproceeding shall be stayed in such court until such court conducts a \nhearing, and makes a determination, as to the appropriate forum or \nprocedure for the assertion of the claim for damages described in \nsubsection (a) and issues an order consistent with such \ndetermination.''.\n\nSEC. 7. APPLICATION OF COVERAGE TO MANAGED CARE PLANS.\n\n Section 224 (42 U.S.C. 223) (as amended by section 6) is amended by \nadding at the end thereof the following subsection:\n ``(m)(1) An entity or officer, governing board member, employee, or \ncontractor of an entity described in subsection (g)(1) shall, for \npurposes of this section, be deemed to be an employee of the Public \nHealth Service with respect to services provided to individuals who are \nenrollees of a managed care plan if the entity contracts with such \nmanaged care plan for the provision of services.\n ``(2) Each managed care plan which enters into a contract with an \nentity described in subsection (g)(4) shall deem the entity and any \nofficer, governing board member, employee, or contractor of the entity \nas meeting whatever malpractice coverage requirements such plan may \nrequire of contracting providers for a calendar year if such entity or \nofficer, governing board member, employee, or contractor of the entity \nhas been deemed to be an employee of the Public Health Service for \npurposes of this section for such calendar year. Any plan which is \nfound by the Secretary on the record, after notice and an opportunity \nfor a full and fair hearing, to have violated this subsection shall \nupon such finding cease, for a period to be determined by the \nSecretary, to receive and to be eligible to receive any Federal funds \nunder titles XVIII or XIX of the Social Security Act.\n ``(3) For purposes of this subsection, the term `managed care plan' \nshall mean health maintenance organizations and similar entities that \ncontract at-risk with payors for the provision of health services or \nplan enrollees and which contract with providers (such as entities \ndescribed in subsection (g)(4)) for the delivery of such services to \nplan enrollees.''.\n\nSEC. 8. COVERAGE FOR PART-TIME PROVIDERS UNDER CONTRACTS.\n\n Section 224(g)(5)(B) (42 U.S.C. 223(g)(5)(B)) is amended to read as \nfollows:\n ``(B) in the case of an individual who normally performs an \n average of less than 32\\1\/2\\ hours of services per week for the \n entity for the period of the contract, the individual is a licensed \n or certified provider of services in the fields of family practice, \n general internal medicine, general pediatrics, or obstetrics and \n gynecology.''.\n\nSEC. 9. DUE PROCESS FOR LOSS OF COVERAGE.\n\n Section 224(i)(1) (42 U.S.C. 233(i)(1)) is amended by striking \n``may determine, after notice and opportunity for a hearing'' and \ninserting ``may on the record determine, after notice and opportunity \nfor a full and fair hearing''.\n\nSEC. 10. AMOUNT OF RESERVE FUND.\n\n Section 224(k)(2) (42 U.S.C. 223(k)(2)) is amended by striking \n``$30,000,000'' and inserting ``$10,000,000''.\n\nSEC. 11. REPORT ON RISK EXPOSURE OF COVERED ENTITIES.\n\n Section 224 (as amended by section 7) is amended by adding at the \nend thereof the following subsection:\n ``(n)(1) Not later than one year after the date of the enactment of \nthe Federally Supported Health Centers Assistance Act of 1995, the \nComptroller General of the United States shall submit to the Congress a \nreport on the following:\n ``(A) The medical malpractice liability claims experience of \n entities that have been deemed to be employees for purposes of this \n section.\n ``(B) The risk exposure of such entities.\n ``(C) The value of private sector risk-management services, and \n the value of risk-management services and procedures required as a \n condition of receiving a grant under section 329, 330, 340, or \n 340A.\n ``(D) A comparison of the costs and the benefits to taxpayers \n of maintaining medical malpractice liability coverage for such \n entities pursuant to this section, taking into account--\n ``(i) a comparison of the costs of premiums paid by such \n entities for private medical malpractice liability insurance \n with the cost of coverage pursuant to this section; and\n ``(ii) an analysis of whether the cost of premiums for \n private medical malpractice liability insurance coverage is \n consistent with the liability claims experience of such \n entities.\n ``(2) The report under paragraph (1) shall include the following:\n ``(A) A comparison of--\n ``(i) an estimate of the aggregate amounts that such \n entities (together with the officers, governing board members, \n employees, and contractors of such entities who have been \n deemed to be employees for purposes of this section) would have \n directly or indirectly paid in premiums to obtain medical \n malpractice liability insurance coverage if this section were \n not in effect; with\n ``(ii) the aggregate amounts by which the grants received \n by such entities under this Act were reduced pursuant to \n subsection (k)(2).\n ``(B) A comparison of--\n ``(i) an estimate of the amount of privately offered such \n insurance that such entities (together with the officers, \n governing board members, employees, and contractors of such \n entities who have been deemed to be employees for purposes of \n this section) purchased during the three-year period beginning \n on January 1, 1993; with\n ``(ii) an estimate of the amount of such insurance that \n such entities (together with the officers, governing board \n members, employees, and contractors of such entities who have \n been deemed to be employees for purposes of this section) will \n purchase after the date of the enactment of the Federally \n Supported Health Centers Assistance Act of 1995.\n ``(C) An estimate of the medical malpractice liability loss \n history of such entities for the 10-year period preceding October \n 1, 1996, including but not limited to the following:\n ``(i) Claims that have been paid and that are estimated to \n be paid, and legal expenses to handle such claims that have \n been paid and that are estimated to be paid, by the Federal \n Government pursuant to deeming entities as employees for \n purposes of this section.\n ``(ii) Claims that have been paid and that are estimated to \n be paid, and legal expenses to handle such claims that have \n been paid and that are estimated to be paid, by private medical \n malpractice liability insurance.\n ``(D) An analysis of whether the cost of premiums for private \n medical malpractice liability insurance coverage is consistent with \n the liability claims experience of entities that have been deemed \n as employees for purposes of this section.\n ``(3) In preparing the report under paragraph (1), the Comptroller \nGeneral of the United States shall consult with public and private \nentities with expertise on the matters with which the report is \nconcerned.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Federally Supported Health Centers Assistance Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities to be employees of the Public Health Service (PHS). And (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows, in certain circumstances, deeming the practitioners to be PHS employees while treating individuals who are not patients of such entities. Requires approval of an application for the deeming. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity. And (2) of due process regarding exclusion of specific individuals from coverage. Reduces the maximum limit on the fund set up to cover annual estimated claims. Requires the Comptroller General to report to the Congress on: (1) the claims experience of entities deemed to be employees under this Act, (2) the risk exposure of those entities, (3) the value of private sector risk management services. And (4) certain comparisons, analyses, and estimates related to this Act.","title":"Federally Supported Health Centers Assistance Act of 1995","text_len":17886,"sum_len":1579} {"bill_id":"112_hr2095","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Conservation Through Trees \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the utility sector is the largest single source of \n greenhouse gas emissions in the United States today, producing \n approximately one-third of the country's emissions;\n (2) heating and cooling homes accounts for nearly 60 \n percent of residential electricity usage in the United States;\n (3) shade trees planted in strategic locations can reduce \n residential cooling costs by as much as 30 percent;\n (4) shade trees have significant clean-air benefits \n associated with them;\n (5) every 100 healthy large trees removes about 300 pounds \n of air pollution (including particulate matter and ozone) and \n about 15 tons of carbon dioxide from the air each year;\n (6) tree cover on private property and on newly developed \n land has declined since the 1970s, even while emissions from \n transportation and industry have been rising; and\n (7) in over a dozen test cities across the United States, \n increasing urban tree cover has generated between two and five \n dollars in savings for every dollar invested in such tree \n planting.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``Secretary'' refers to the Secretary of \n Energy.\n (2) The term ``retail power provider'' means any entity \n authorized under applicable State or Federal law to generate, \n distribute, or provide retail electricity, natural gas, or fuel \n oil service.\n (3) The term ``tree-planting organization'' means any \n nonprofit or not-for-profit group which exists, in whole or in \n part, to--\n (A) expand urban and residential tree cover;\n (B) distribute young trees for planting;\n (C) increase awareness of the environmental and \n energy-related benefits of trees;\n (D) educate the public about proper tree planting, \n care, and maintenance strategies; or\n (E) carry out any combination of the foregoing \n activities.\n (4) The term ``tree-siting guidelines'' means a \n comprehensive list of science-based measurements outlining the \n species and minimum distance required between trees planted \n pursuant to this Act, in addition to the minimum required \n distance to be maintained between such trees and--\n (A) building foundations;\n (B) air conditioning units;\n (C) driveways and walkways;\n (D) property fences;\n (E) preexisting utility infrastructure;\n (F) septic systems;\n (G) swimming pools; and\n (H) other infrastructure as deemed appropriate.\n\nSEC. 4. PURPOSES.\n\n The purpose of this Act is to establish a grant program to assist \nretail power providers with the establishment and operation of targeted \nresidential tree-planting programs, for the following purposes:\n (1) Reducing the peak-load demand for electricity in \n residential areas during the summer months through direct \n shading of buildings provided by strategically planted trees.\n (2) Reducing wintertime demand for energy in residential \n areas by blocking cold winds from reaching homes, which lowers \n interior temperatures and drives heating demand.\n (3) Protecting public health by removing harmful pollution \n from the air.\n (4) Utilizing the natural photosynthetic and transpiration \n process of trees to lower ambient temperatures and absorb \n carbon dioxide, thus mitigating the effects of climate change.\n (5) Lowering electric bills for residential ratepayers by \n limiting electricity consumption without reducing benefits.\n (6) Relieving financial and demand pressure on retail power \n providers that stems from large peak-load energy demand.\n (7) Protecting water quality and public health by reducing \n stormwater runoff and keeping harmful pollutants from entering \n waterways.\n (8) Ensuring that trees are planted in locations that limit \n the amount of public money needed to maintain public and \n electric infrastructure.\n\nSEC. 5. GENERAL AUTHORITY.\n\n (a) Assistance.--The Secretary is authorized to provide financial, \ntechnical, and related assistance to retail power providers to assist \nwith the establishment of new, or continued operation of existing, \ntargeted residential tree-planting programs.\n (b) Public Recognition Initiative.--In carrying out the authority \nprovided under this Act, the Secretary shall also create a national \npublic recognition initiative to encourage participation in tree-\nplanting programs by retail power providers.\n (c) Eligibility.--Only those programs which utilize targeted, \nstrategic tree-siting guidelines to plant trees in relation to \nresidence location, sunlight, and prevailing wind direction shall be \neligible for assistance under this Act.\n (d) Requirements.--In order to qualify for assistance under this \nAct, a tree-planting program shall meet each of the following \nrequirements:\n (1) The program shall provide free or discounted shade-\n providing or wind-reducing trees to residential consumers \n interested in lowering their home energy costs.\n (2) The program shall optimize the electricity-consumption \n reduction benefit of each tree by planting in strategic \n locations around a given residence.\n (3) The program shall either--\n (A) provide maximum amounts of shade during summer \n intervals when residences are exposed to the most sun \n intensity; or\n (B) provide maximum amounts of wind protection \n during fall and winter intervals when residences are \n exposed to the most wind intensity.\n (4) The program shall use the best available science to \n create tree siting guidelines which dictate where the optimum \n tree species are best planted in locations that achieve maximum \n reductions in consumer energy demand while causing the least \n disruption to public infrastructure, considering overhead and \n underground facilities.\n (5) The program shall receive certification from the \n Secretary that it is designed to achieve the goals set forth in \n paragraphs (1) through (4). In designating criteria for such \n certification, the Secretary shall collaborate with the United \n States Forest Service's Urban and Community Forestry Program to \n ensure that certification requirements are consistent with such \n above goals.\n (e) New Program Funding Share.--The Secretary shall ensure that no \nless than 30 percent of the funds made available under this Act are \ndistributed to retail power providers which--\n (1) have not previously established or operated qualified \n tree-planting programs;\n (2) are operating qualified tree-planting programs which \n were established no more than three years prior to the date of \n enactment of this Act.\n\nSEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING \n ORGANIZATIONS.\n\n (a) Grant Authorization.--In providing assistance under this Act, \nthe Secretary is authorized to award grants only to retail power \nproviders that have entered into binding legal agreements with \nnonprofit tree-planting organizations.\n (b) Conditions of Agreement.--Those agreements between retail power \nproviders and tree-planting organizations shall set forth conditions \nunder which nonprofit tree-planting organizations shall provide \ntargeted residential tree-planting programs which may require these \norganizations to--\n (1) participate in local technical advisory committees \n responsible for drafting general tree-siting guidelines and \n choosing the most effective species of trees to plant in given \n locations;\n (2) coordinate volunteer recruitment to assist with the \n physical act of planting trees in residential locations;\n (3) undertake public awareness campaigns to educate local \n residents about the benefits, cost savings, and availability of \n free shade trees;\n (4) establish education and information campaigns to \n encourage recipients to maintain their shade trees over the \n long term;\n (5) serve as the point of contact for existing and \n potential residential participants who have questions or \n concerns regarding the tree-planting program;\n (6) require tree recipients to sign agreements committing \n to voluntary stewardship and care of provided trees;\n (7) monitor and report on the survival, growth, overall \n health, and estimated energy savings of provided trees up until \n the end of their establishment period which shall be no less \n than five years; and\n (8) ensure that trees planted near existing power lines \n will not interfere with energized electricity distribution \n lines when mature, and that no new trees will be planted under \n or adjacent to high-voltage electric transmission lines without \n prior consultation with the applicable retail power provider \n receiving assistance under this Act.\n (c) Lack of Nonprofit Organization.--If qualified nonprofit or not-\nfor-profit tree planting organizations do not exist or operate within \nareas served by retail power providers applying for assistance under \nthis Act, the requirements of this section shall apply to binding legal \nagreements entered into by such retail power providers and one of the \nfollowing entities--\n (1) local municipal governments with jurisdiction over the \n urban or suburban forest;\n (2) the State Forester for the State in which the tree \n planting program will operate; or\n (3) the United States Forest Service's Urban and Community \n Forestry representative for the State in which the tree-\n planting program will operate.\n\nSEC. 7. TECHNICAL ADVISORY COMMITTEES.\n\n (a) Description.--In order to qualify for assistance under this \nAct, the retail power provider shall establish and consult with a local \ntechnical advisory committee which shall provide advice and \nconsultation to the program, and may--\n (1) design and adopt an approved plant list that emphasizes \n the use of hardy, noninvasive tree species and, where \n geographically appropriate, the use of native or low water-use \n shade trees or both;\n (2) design and adopt planting, installation, and \n maintenance specifications and create a process for inspection \n and quality control;\n (3) ensure that tree recipients are educated to care for \n and maintain their trees over the long term;\n (4) help the public become more engaged and educated in the \n planting and care of shade trees;\n (5) prioritize which sites receive trees, giving preference \n to locations with the most potential for energy conservation \n and secondary preference to areas where the average annual \n income is below the regional median; and\n (6) assist with monitoring and collection of data on tree \n health, tree survival, and energy conservation benefits \n generated under this Act.\n (b) Compensation.--Individuals serving on local technical advisory \ncommittees shall not receive compensation for their service.\n (c) Composition.--Local technical advisory committees shall be \ncomposed of representatives from public, private, and nongovernmental \nagencies with expertise in demand-side energy efficiency management, \nurban forestry, or arboriculture, and shall be composed of the \nfollowing:\n (1) Up to 4 persons, but no less than one person, \n representing the retail power provider receiving assistance \n under this Act.\n (2) Up to 4 persons, but no less than one person, \n representing the local tree-planting organization which will \n partner with the retail power provider to carry out this Act.\n (3) Up to 3 persons representing local nonprofit \n conservation or environmental organizations. Preference shall \n be given to those entities which are organized under section \n 501(c)(3) of the Internal Revenue Code of 1986, and which have \n demonstrated expertise engaging the public in energy \n conservation, energy efficiency, or green building practices or \n a combination thereof, such that no single organization is \n represented by more than one individual under this subsection.\n (4) Up to 2 persons representing a local affordable housing \n agency, affordable housing builder, or community development \n corporation.\n (5) Up to 3, but no less than one, persons representing \n local city or county government for each municipality where a \n shade tree-planting program will take place; at least one of \n these representatives shall be the city or county forester, \n city or county arborist, or functional equivalent.\n (6) Up to one person representing the local government \n agency responsible for management of roads, sewers, and \n infrastructure, including but not limited to public works \n departments, transportation agencies, or equivalents.\n (7) Up to 2 persons representing the nursery and \n landscaping industry.\n (8) Up to 3 persons representing the research community or \n academia with expertise in natural resources or energy \n management issues.\n (d) Chairperson.--Each local technical advisory committee shall \nelect a chairperson to preside over Committee meetings, act as a \nliaison to governmental and other outside entities, and direct the \ngeneral operation of the committee; only committee representatives from \nsubsection (c)(1) or subsection (c)(2) of this section shall be \neligible to act as local technical advisory committee chairpersons.\n (e) Credentials.--At least one of the members of each local \ntechnical advisory committee shall be certified with one or more of the \nfollowing credentials: International Society of Arboriculture; \nCertified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; \nCertified Arborist Utility Specialist, ISA; Board Certified Master \nArborist; or Registered Landscape Architect recommended by the American \nSociety of Landscape Architects.\n\nSEC. 8. COST-SHARE PROGRAM.\n\n (a) Federal Share.--The Federal share of support for projects \nfunded under this Act shall not exceed 50 percent of the cost of such \nproject and shall be provided on a matching basis.\n (b) Non-Federal Share.--The non-Federal share of such costs may be \npaid or contributed by any governmental or nongovernmental entity other \nthan from funds derived directly or indirectly from an agency or \ninstrumentality of the United States.\n\nSEC. 9. RULEMAKING.\n\n (a) Rulemaking Period.--The Secretary shall be authorized to \nsolicit comments and initiate a rulemaking period that shall last no \nmore than 6 months after the date of enactment of this Act.\n (b) Competitive Grant Rule.--At the conclusion of the rulemaking \nperiod under subsection (a), the Secretary shall promulgate a rule \ngoverning a public, competitive grants process through which retail \npower providers may apply for Federal support under this Act.\n\nSEC. 10. NONDUPLICITY.\n\n Nothing in this Act shall be construed to supersede, duplicate, \ncancel, or negate the programs or authorities provided under section 9 \nof the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; \nPublic Law 95-313; 16 U.S.C. 2105).\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are hereby authorized to be appropriated such sums as may be \nnecessary for the implementation of this Act.","summary":"Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers. Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both. (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control. (3) ensure that tree recipients are educated to care for and maintain their trees over the long term. (4) help the public become more engaged and educated in the planting and care of shade trees. (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median. And (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.","title":"To establish a grant program to assist retail power providers with the establishment and operation of energy conservation programs using targeted residential tree-planting, and for other purposes.","text_len":16588,"sum_len":1916} {"bill_id":"108_hr3588","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Empowerment Zone Act of \n2003''.\n\nSEC. 2. HEALTH EMPOWERMENT ZONES.\n\n (a) Health Empowerment Zone Programs.--\n (1) In general.--The Secretary of Health and Human \n Services, acting through the Administrator of the Health \n Resources and Services Administration and the Director of the \n Office of Minority Health, and in cooperation with the Director \n of the Office of Community Services and the Director of the \n National Center for Minority Health and Health Disparities--\n (A) shall designate health empowerment zones in \n accordance with paragraph (2); and\n (B) shall make grants in accordance with paragraph \n (3).\n (2) Designation of health empowerment zones.--The Secretary \n may designate a community as a health empowerment zone if--\n (A) a community partnership seeking a grant under \n this section requests that the community be designated \n as a health empowerment zone; and\n (B) the community partnership demonstrates, to the \n Secretary's satisfaction, that the community is a \n community of color that experiences disproportionate \n disparities in health status and health care.\n (3) Grants.--The Secretary shall make grants to community \n partnerships of private and public entities to establish health \n empowerment zone programs.\n (4) Use of funds.--Grants under this section shall be used \n for the establishment of a health empowerment zone program to \n assist individuals, businesses, schools, minority health \n associations, nonprofit organizations, community-based \n organizations, hospitals, health care clinics, and foundations \n in a health empowerment zone that are seeking--\n (A) to effectively access Federal programs to \n improve the health or environment of 1 or more minority \n individuals in the community and eliminate racial and \n ethnic disparities in health status and health care; \n and\n (B) to coordinate the efforts of governmental and \n private entities regarding the elimination of racial \n and ethnic disparities in health status and health \n care.\n (5) Establishment in territory or possession.--The \n Secretary shall make at least 1 grant under this section to a \n community partnership for a health empowerment zone program in \n a health empowerment zone that is located in a territory or \n possession of the United States.\n (6) Application.--To seek the designation of a community as \n a health empowerment zone and to obtain a grant under this \n section, a community partnership shall submit to the Secretary \n an application in such form and in such manner as the Secretary \n may require. An application under this paragraph shall--\n (A) demonstrate that the community to be served is \n a community of color that experiences disproportionate \n disparities in health status and health care;\n (B) set forth a strategic plan for the proposed \n health empowerment zone program, by--\n (i) describing the coordinated health, \n economic, human, community, and physical \n development plan and related activities \n proposed for the community involved;\n (ii) describing the inclusion of the \n community involved as a full partner in the \n process of developing, implementing, \n monitoring, and evaluating the strategic plan \n and the extent to which local institutions and \n organizations have contributed to the planning \n process;\n (iii) identifying the projected amount of \n Federal, State, local, and private resources \n that will be available in the area and the \n private and public community partnerships to be \n used (including any participation by or \n cooperation with universities, colleges, \n foundations, nonprofit organizations, medical \n centers, hospitals, health clinics, school \n districts, or other private and public \n entities);\n (iv) identifying the funding requested \n under any Federal program in support of the \n proposed health, economic, human, community, \n and physical development, and related \n activities;\n (v) identifying baselines, methods, health \n outcomes, and benchmarks for measuring the \n success of carrying out the strategic plan;\n (vi) demonstrating the ability to \n effectively reach and service the targeted \n underserved minority community populations in a \n culturally appropriate and linguistically \n responsive manner;\n (vii) demonstrating a capacity and \n infrastructure to provide long-term community \n response that is culturally appropriate and \n linguistically responsive to a community of \n color that experiences disproportionate \n disparities in health status and health care; \n and\n (viii) identifying the individuals who have \n agreed to serve as members of a health \n empowerment zone coordinating committee for the \n community involved; and\n (C) include such other information as the Secretary \n may require.\n (7) Preference.--In awarding grants under this subsection, \n the Secretary shall give preference to proposals from \n indigenous community entities that have an expertise in \n providing culturally appropriate and linguistically responsive \n services to communities of color that experience \n disproportionate disparities in health status and health care.\n (b) Federal Assistance for Health Empowerment Zone Grant \nPrograms.--The Secretary of Health and Human Services, the \nAdministrator of the Small Business Administration, the Secretary of \nAgriculture, the Secretary of Education, the Secretary of Labor, and \nthe Secretary of Housing and Urban Development shall each--\n (1) where appropriate, provide entity-specific technical \n assistance and evidence-based strategies to communities of \n color that experience disproportionate disparities in health \n status and health care to further the purposes of a health \n empowerment zone program described in subsection (a)(5);\n (2) identify all programs administered by the Department of \n Health and Human Services, the Small Business Administration, \n the Department of Agriculture, the Department of Education, the \n Department of Labor, and the Department of Housing and Urban \n Development, respectively, that may be used to further the \n purposes of a health empowerment zone program described in \n subsection (a)(5); and\n (3) in administering any program identified under paragraph \n (2), give priority to any individual or entity located in a \n community served by a health empowerment zone program under \n subsection (a) if such priority would further the purposes of \n the health empowerment zone program described in subsection \n (a)(5).\n (c) Health Empowerment Zone Coordinating Committee.--\n (1) Establishment.--For each health empowerment zone \n program established with a grant under subsection (a), the \n Secretary, acting through the Director of the Office of \n Minority Health and the Administrator of the Health Resources \n and Services Administration, shall establish a health \n empowerment zone coordinating committee.\n (2) Duties.--Each coordinating committee established, in \n coordination with the Director of the Office of Minority Health \n and the Administrator of the Health Resources and Services \n Administration, shall provide technical assistance and \n evidence-based strategies to the grant recipient involved, \n including providing guidance on research, strategies, health \n outcomes, program goals, management, implementation, \n monitoring, assessment, and evaluation processes.\n (3) Membership.--\n (A) Appointment.--The Director of the Office of \n Minority Health and the Administrator of the Health \n Resources and Services Administration, in consultation \n with the respective grant recipient, shall appoint the \n members of each coordinating committee.\n (B) Composition.--The Director of the Office of \n Minority Health and the Administrator of the Health \n Resources and Services Administration shall ensure that \n each coordinating committee--\n (i) has not more than 20 members;\n (ii) includes individuals from communities \n of color that experience disproportionate \n disparities in health status and health care;\n (iii) includes community leaders and \n leaders of community-based organizations;\n (iv) includes representatives of academia \n and lay and professional organizations and \n associations including those having expertise \n in medicine, technical, social and behavioral \n science, health policy, advocacy, cultural and \n linguistic competency, research management, and \n organization; and\n (v) represents a reasonable cross-section \n of knowledge, views, and application of \n expertise on societal, ethical, behavioral, \n educational, policy, legal, cultural, \n linguistic, and workforce issues related to \n eliminating disparities in health and health \n care.\n (C) Qualifications.--The Director of the Office of \n Minority Health and the Administrator of the Health \n Resources and Services Administration shall ensure that \n the members of each coordinating committee meet the \n following:\n (i) No member is employed by the Federal \n Government.\n (ii) Each member has appropriate \n experience, including experience in the areas \n of community development, cultural and \n linguistic competency, reducing and eliminating \n racial and ethnic disparities in health and \n health care, or minority health.\n (iii) A majority of the members reside in \n the health empowerment zone involved.\n (D) Selection.--In selecting individuals to serve \n on a coordinating committee, the Director of the Office \n of Minority Health and the Administrator of the Health \n Resources and Services Administration shall give due \n consideration to the recommendations of the Congress, \n industry leaders, the scientific community (including \n the Institute of Medicine), academia, community based \n nonprofit organizations, minority health and related \n organizations, the education community, State and local \n governments, and other appropriate organizations.\n (E) Chairperson.--The Director of the Office of \n Minority Health and the Administrator of the Health \n Resources and Services Administration, in consultation \n with the members of the coordinating committee \n involved, shall designate a chairperson of the \n coordinating committee, who shall serve for a term of 3 \n years and who may be reappointed at the expiration of \n each such term.\n (F) Terms.--Each member of a coordinating committee \n shall be appointed for a term of 1 to 3 years in \n overlapping staggered terms, as determined by the \n Director of the Office of Minority Health and the \n Administrator of the Health Resources and Services \n Administration at the time of appointment, and may be \n reappointed at the expiration of each such term.\n (G) Vacancies.--A vacancy on a coordinating \n committee shall be filled in the same manner in which \n the original appointment was made.\n (H) Compensation.--The members of a coordinating \n committee shall serve without pay.\n (I) Travel expenses.--Each member of a coordinating \n committee shall receive travel expenses, including per \n diem in lieu of subsistence, in accordance with \n applicable provisions under subchapter I of chapter 57 \n of title 5, United States Code.\n (4) Staff; experts and consultants.--\n (A) Staff.--The chairperson of a coordinating \n committee may appoint and fix the pay of additional \n personnel as the chairperson considers appropriate.\n (B) Experts and consultants.--The chairperson of a \n coordinating committee may procure temporary and \n intermittent services under section 3109(b) of title 5, \n United States Code.\n (5) Meetings.--A coordinating committee shall meet 3 to 5 \n times each year, at the call of the coordinating committee's \n chairperson and in consultation with the Director of the Office \n of Minority Health and the Administrator of the Health \n Resources and Services Administration.\n (6) Report.--Each coordinating committee shall transmit to \n the Congress an annual report that, with respect to the health \n empowerment zone program involved, includes the following:\n (A) A review of the program's effectiveness in \n achieving stated goals and outcomes, and overcoming \n challenges.\n (B) A review of the program's management and \n coordination of the entities involved.\n (C) A review of the activities in the program's \n portfolio and components.\n (D) An identification of policy issues raised by \n the program.\n (E) An assessment of program's results including \n that of capacity, infrastructure, number of underserved \n minority communities reached and retained in the effort \n in a defined time frame.\n (F) Recommendations for new program goals, research \n areas, enhanced approaches, community partnerships, \n coordination and management mechanisms, and projects to \n be established to achieve the program's stated goals, \n to improve outcomes, assessments, monitoring, and \n evaluation.\n (G) A review of the degree of minority entities \n participation in the program, and an identification of \n a strategy to increase such participation.\n (H) Any other reviews or recommendations determined \n to be appropriate by the coordinating committee.\n (d) Report.--The Director of the Office of Minority Health and the \nAdministrator of the Health Resources and Services Administration shall \nsubmit a joint annual report to the appropriate committees of the \nCongress on the results of the implementation of programs under this \nsection.\n (e) Definitions.--In this section:\n (1) Coordinating committee.--The term ``coordinating \n committee'' means a health empowerment zone coordinating \n committee established under this section.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $100,000,000 for fiscal year \n2004, and such sums as may be necessary for each of fiscal years 2005 \nthrough 2010.","summary":"Health Empowerment Zone Act of 2003 - Authorizes the Secretary of Health and Human Services to designate a community as a health empowerment zone if a participating community partnership: (1) requests such designation. And (2) demonstrates that the community is a community of color experiencing disproportionate disparities in health status and health care. Directs the Secretary to make: (1) grants to community partnerships of private and public entities to establish health empowerment zone programs to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking to improve the health or environment of minority individuals and eliminate racial and ethnic disparities in health status and health care. (2) at least one grant in a health empowerment zone in a US territory or possession. And (3) establish a health empowerment zone coordinating committee for each zone. Directs the Secretary, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development to provide assistance for such programs.","title":"To direct the Secretary of Health and Human Services to establish health empowerment zone programs in communities that disproportionately experience disparities in health status and health care, and for other purposes.","text_len":17927,"sum_len":1286} {"bill_id":"106_hr1934","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marine Mammal Rescue Assistance Act \nof 1999''.\n\nSEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.\n\n (a) In General.--Title IV of the Marine Mammal Protection Act of \n1972 (16 U.S.C. 1371 et seq.) is amended--\n (1) by redesignating sections 408 and 409 as sections 409 \n and 410, respectively; and\n (2) by inserting after section 407 the following:\n\n``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT \n PROGRAM.\n\n ``(a) In General.--(1) Subject to the availability of \nappropriations, the Secretary shall conduct a grant program to be known \nas the John H. Prescott Marine Mammal Rescue Assistance Grant Program, \nto provide grants to eligible stranding network participants for the \nrecovery or treatment of marine mammals, the collection of data from \nliving or dead marine mammals for scientific research regarding marine \nmammal health, and facility operation costs that are directly related \nto those purposes.\n ``(2)(A) The Secretary shall ensure that, to the greatest extent \npracticable, funds provided as grants under this subsection are \ndistributed equitably among the designated stranding regions.\n ``(B) In determining priorities among such regions, the Secretary \nmay consider--\n ``(i) any episodic stranding or any mortality event other \n than an event described in section 410(6), that occurred in any \n region in the preceding year; and\n ``(ii) data regarding average annual strandings and \n mortality events per region.\n ``(b) Application.--To receive a grant under this section, a \nstranding network participant shall submit an application in such form \nand manner as the Secretary may prescribe.\n ``(c) Advisory Group.--\n ``(1) In general.--The Secretary, in consultation with the \n Marine Mammal Commission, shall establish an advisory group in \n accordance with this subsection to advise the Secretary \n regarding the implementation of this section, including the \n award of grants under this section.\n ``(2) Membership.--The advisory group shall consist of a \n representative from each of the designated stranding regions \n and other individuals who represent public and private \n organizations that are actively involved in rescue, \n rehabilitation, release, scientific research, marine \n conservation, and forensic science regarding stranded marine \n mammals.\n ``(3) Public participation.--\n ``(A) Meetings.--The advisory group shall--\n ``(i) ensure that each meeting of the \n advisory group is open to the public; and\n ``(ii) provide, at each meeting of the \n advisory group, an opportunity for interested \n persons to present oral or written statements \n concerning items on the agenda for the meeting.\n ``(B) Notice.--The Secretary shall provide to the \n public timely notice of each meeting of the advisory \n group.\n ``(C) Minutes.--The Secretary shall keep and make \n available to the public minutes of each meeting of the \n advisory group.\n ``(4) Exemption.--The Federal Advisory Committee Act (5 \n U.S.C. App.) shall not apply to the establishment and \n activities of an advisory group in accordance with this \n subsection.\n ``(d) Limitation.--The amount of a grant under this section shall \nnot exceed $100,000.\n ``(e) Matching Requirement.--\n ``(1) In general.--The non-Federal share of the costs of an \n activity conducted with a grant under this section shall be 25 \n percent of such costs.\n ``(2) In-kind contributions.--The Secretary may apply to \n the non-Federal share of an activity conducted with a grant \n under this section the amount of funds, and the fair market \n value of property and services, provided by non-Federal sources \n and used for the activity.\n ``(f) Administrative Expenses.--Of amounts available each fiscal \nyear to carry out this section, the Secretary may expend not more than \n6 percent to pay the administrative expenses necessary to carry out \nthis section.\n ``(g) Definitions.--In this section:\n ``(1) Designated stranding region.--The term `designated \n stranding region' means a geographic region designated by the \n Secretary for purposes of administration of this title.\n ``(2) Secretary.--The term `Secretary' has the meaning \n given that term in section 3(12)(A).\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out this section $5,000,000 for \neach of fiscal years 2001 through 2003, to remain available until \nexpended.''.\n (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal \nProtection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting \n``(other than section 408)'' after ``title IV''.\n (c) Clerical Amendment.--The table of contents in the first section \nof the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended \nby striking the items relating to sections 408 and 409 and inserting \nthe following:\n\n``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant \n Program.\n``Sec. 409. Authorization of appropriations.\n``Sec. 410. Definitions.''.\n\n Passed the House of Representatives September 27, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Marine Mammal Rescue Assistance Act of 1999 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal rescue and treatment, (2) data collection from living or dead marine mammals. And (3) facilities operation. Directs the Secretary to establish a related advisory group. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations.","title":"Marine Mammal Rescue Assistance Act of 1999","text_len":5908,"sum_len":627} {"bill_id":"110_s2617","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Veterans' Compensation Cost-of-\nLiving Adjustment Act of 2008''.\nSEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND \nINDEMNITY COMPENSATION.\n (a) Rate Adjustment.--Effective on December 1, 2008, the Secretary \nof Veterans Affairs shall increase, in accordance with subsection (c), \nthe dollar amounts in effect on November 30, 2008, for the payment of \ndisability compensation and dependency and indemnity compensation under \nthe provisions specified in subsection (b).\n (b) Amounts To Be Increased.--The dollar amounts to be increased \npursuant to subsection (a) are the following:\n (1) Wartime disability compensation.--Each of the dollar \n amounts under section 1114 of title 38, United States Code.\n (2) Additional compensation for dependents.--Each of the dollar \n amounts under section 1115(1) of such title.\n (3) Clothing allowance.--The dollar amount under section 1162 \n of such title.\n (4) Dependency and indemnity compensation to surviving \n spouse.--Each of the dollar amounts under subsections (a) through \n (d) of section 1311 of such title.\n (5) Dependency and indemnity compensation to children.--Each of \n the dollar amounts under sections 1313(a) and 1314 of such title.\n (c) Determination of Increase.--\n (1) Percentage.--Except as provided in paragraph (2), each \n dollar amount described in subsection (b) shall be increased by the \n same percentage as the percentage by which benefit amounts payable \n under title II of the Social Security Act (42 U.S.C. 401 et seq.) \n are increased effective December 1, 2008, as a result of a \n determination under section 215(i) of such Act (42 U.S.C. 415(i)).\n (2) Rounding.--Each dollar amount increased under paragraph \n (1), if not a whole dollar amount, shall be rounded to the next \n lower whole dollar amount.\n (d) Special Rule.--The Secretary of Veterans Affairs may adjust \nadministratively, consistent with the increases made under subsection \n(a), the rates of disability compensation payable to persons under \nsection 10 of Public Law 85-857 (72 Stat. 1263) who have not received \ncompensation under chapter 11 of title 38, United States Code.\n (e) Publication of Adjusted Rates.--The Secretary of Veterans \nAffairs shall publish in the Federal Register the amounts specified in \nsubsection (b), as increased under that subsection, not later than the \ndate on which the matters specified in section 215(i)(2)(D) of the \nSocial Security Act (42 U.S.C. 415(i)(2)(D)) are required to be \npublished by reason of a determination made under section 215(i) of \nsuch Act during fiscal year 2009.\nSEC. 3. CODIFICATION OF 2007 COST-OF-LIVING ADJUSTMENT IN RATES OF \nDISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.\n (a) Veterans' Disability Compensation.--Section 1114 of title 38, \nUnited States Code, is amended--\n (1) in subsection (a), by striking ``$115'' and inserting \n ``$117'';\n (2) in subsection (b), by striking ``$225'' and inserting \n ``$230'';\n (3) in subsection (c), by striking ``$348'' and inserting \n ``$356'';\n (4) in subsection (d), by striking ``$501'' and inserting \n ``$512'';\n (5) in subsection (e), by striking ``$712'' and inserting \n ``$728'';\n (6) in subsection (f), by striking ``$901'' and inserting \n ``$921'';\n (7) in subsection (g), by striking ``$1,135'' and inserting \n ``$1,161'';\n (8) in subsection (h), by striking ``$1,319'' and inserting \n ``$1,349'';\n (9) in subsection (i), by striking ``$1,483'' and inserting \n ``$1,517'';\n (10) in subsection (j), by striking ``$2,471'' and inserting \n ``$2,527'';\n (11) in subsection (k)--\n (A) by striking ``$89'' both places it appears and \n inserting ``$91''; and\n (B) by striking ``$3,075'' and ``$4,313'' and inserting \n ``$3,145'' and ``$4,412'', respectively;\n (12) in subsection (l), by striking ``$3,075'' and inserting \n ``$3,145'';\n (13) in subsection (m), by striking ``$3,392'' and inserting \n ``$3,470'';\n (14) in subsection (n), by striking ``$3,860'' and inserting \n ``$3,948'';\n (15) in subsections (o) and (p), by striking ``$4,313'' each \n place it appears and inserting ``$4,412'';\n (16) in subsection (r), by striking ``$1,851'' and ``$2,757'' \n and inserting ``$1,893'' and ``$2,820'', respectively; and\n (17) in subsection (s), by striking ``$2,766'' and inserting \n ``$2,829''.\n (b) Additional Compensation for Dependents.--Section 1115(1) of \nsuch title is amended--\n (1) in subparagraph (A), by striking ``$139'' and inserting \n ``$142'';\n (2) in subparagraph (B), by striking ``$240'' and ``$70'' and \n inserting ``$245'' and ``$71'', respectively;\n (3) in subparagraph (C), by striking ``$94'' and ``$70'' and \n inserting ``$96'' and ``$71'', respectively;\n (4) in subparagraph (D), by striking ``$112'' and inserting \n ``$114'';\n (5) in subparagraph (E), by striking ``$265'' and inserting \n ``$271''; and\n (6) in subparagraph (F), by striking ``$222'' and inserting \n ``$227''.\n (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 \nof such title is amended by striking ``$662'' and inserting ``$677''.\n (d) Dependency and Indemnity Compensation for Surviving Spouses.--\n (1) New law dic.--Section 1311(a) of such title is amended--\n (A) in paragraph (1), by striking ``$1,067'' and inserting \n ``$1,091''; and\n (B) in paragraph (2), by striking ``$228'' and inserting \n ``$233''.\n (2) Old law dic.--The table in paragraph (3) of such section is \n amended to read as follows:\n\n\n----------------------------------------------------------------------------------------------------------------\n ``Pay grade Monthly rate Pay grade Monthly rate\n----------------------------------------------------------------------------------------------------------------\nE-1.......................................... $1,091 W-4............................ $1,305\nE-2.......................................... $1,091 O-1............................ $1,153\nE-3.......................................... $1,091 O-2............................ $1,191\nE-4.......................................... $1,091 O-3............................ $1,274\nE-5.......................................... $1,091 O-4............................ $1,349\nE-6.......................................... $1,091 O-5............................ $1,485\nE-7.......................................... $1,129 O-6............................ $1,674\nE-8.......................................... $1,191 O-7............................ $1,808\nE-9.......................................... $1,2421 O-8............................ $1,985\nW-1.......................................... $1,153 O-9............................ $2,123\nW-2.......................................... $1,198 O-10........................... $2,3282\nW-3.......................................... $1,234\n----------------------------------------------------------------------------------------------------------------\n1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master\n sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast\n Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be\n $1,342.\n2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,\n Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of\n the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate\n shall be $2,499.''\n\n\n (3) Additional dic for children or disability.--Section 1311 of \n such title is amended--\n (A) in subsection (b), by striking ``$265'' and inserting \n ``$271'';\n (B) in subsection (c), by striking ``$265'' and inserting \n ``$271''; and\n (C) in subsection (d), by striking ``$126'' and inserting \n ``$128''.\n (e) Dependency and Indemnity Compensation for Children.--\n (1) Dic when no surviving spouse.--Section 1313(a) of such \n title is amended--\n (A) in paragraph (1), by striking ``$452'' and inserting \n ``$462'';\n (B) in paragraph (2), by striking ``$649'' and inserting \n ``$663'';\n (C) in paragraph (3), by striking ``$846'' and inserting \n ``$865''; and\n (D) in paragraph (4), by striking ``$846'' and ``$162'' and \n inserting ``$865'' and ``$165'', respectively.\n (2) Supplemental dic for certain children.--Section 1314 of \n such title is amended--\n (A) in subsection (a), by striking ``$265'' and inserting \n ``$271'';\n (B) in subsection (b), by striking ``$452'' and inserting \n ``$462''; and\n (C) in subsection (c), by striking ``$225'' and inserting \n ``$230''.\n (f) Effective Date.--The amendments made by this section shall take \neffect on December 1, 2007.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Veterans' Compensation Cost-of-Living Adjustment Act of 2008 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2008, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II of the Social Security Act, on the same effective date. Codifies rate amounts as increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 2007.","title":"A bill to amend title 38, United States Code, to codify increases in the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans that were effective as of December 1, 2007, to provide for an increase in the rates of such compensation effective December 1, 2008, and for other purposes.","text_len":9948,"sum_len":636} {"bill_id":"109_s1461","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Identity Protection and \nSecurity Act''.\n\nSEC. 2. SECURITY FREEZES.\n\n The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended \nby inserting after section 605B the following:\n\n``SEC. 605C. SECURITY FREEZES.\n\n ``(a) In General.--A consumer reporting agency shall place a \nsecurity freeze on a private information file when requested by the \nconsumer to whom that file relates--\n ``(1) by certified mail,\n ``(2) by telephone by providing certain sensitive personal \n information, or\n ``(3) through a secure electronic mail connection if such \n connection is made available by the consumer reporting agency.\n ``(b) Timing.--A consumer reporting agency shall place the \nrequested security freeze on the private information file no later than \n2 business days after receiving a written or telephone request from the \nconsumer or 24 hours after receiving a secure electronic mail request.\n ``(c) Confirmation.--Within 2 business days after placing a \nsecurity freeze on a private information file under subsection (a), the \nconsumer reporting agency that received the request from the consumer \nshall--\n ``(1) send a written confirmation of the security freeze to \n the consumer; and\n ``(2) provide to the consumer a unique personal \n identification number or password to be used by the consumer to \n authorize access to the private information file or to remove \n the security freeze on the file.\n ``(d) Prohibition on Unauthorized Access.--A consumer reporting \nagency may not grant access to a private information file on which a \nsecurity freeze has been placed, or release information contained in a \nsuch a private information file, except in accordance with the \nprovisions of this section or other Federal law.\n ``(e) Limited or Temporary Access to Frozen Report.--\n ``(1) In general.--Within 3 business days after receiving a \n request from a consumer upon whose private information file a \n security freeze has been placed to allow access to that file to \n a third party, or for a period of time, specified by the \n consumer, a consumer reporting agency shall make the private \n information file available in accordance with the request \n notwithstanding the security freeze. Each consumer reporting \n agency shall develop procedures involving the use of telephone, \n facsimile machine, or, upon the consent of the consumer in the \n manner required by the Electronic Signatures in Global and \n National Commerce Act (15 U.S.C. 7001 et seq.) for notices \n legally required to be in writing, by the Internet, e-mail, or \n other electronic medium, to receive and process a request from \n a consumer to provide limited or temporary access to the \n private information file under this section in an expedited \n manner.\n ``(2) Request requirements.--A consumer reporting agency \n may not allow access to a private information file under \n paragraph (1) unless--\n ``(A) the request was made by the consumer by \n telephone, certified mail, or security electronic mail \n (except as provided in accordance with procedures \n established pursuant to the second sentence of \n paragraph (1)); and\n ``(B) the consumer provides--\n ``(i) proper identification,\n ``(ii) the unique personal identification \n number or password provided by the consumer \n reporting agency under this section; and\n ``(iii) the proper information regarding \n the third party who is to receive the private \n information file or the time period for which \n the file shall be made available.\n ``(3) Termination not permitted.--A consumer reporting \n agency may not terminate a security freeze on the basis of a \n request under paragraph (1) for limited access to a private \n information file.\n ``(f) Termination of Security Freeze.--\n ``(1) In general.--A consumer reporting agency shall \n terminate a security freeze on a private information file if--\n ``(A) the consumer requests that the security \n freeze be terminated; or\n ``(B) the consumer reporting agency--\n ``(i) determines that the security freeze \n was placed on the private information file due \n to a material misrepresentation of fact by the \n consumer; and\n ``(ii) notifies the consumer in writing not \n less than 5 business days before terminating \n the security freeze under this subparagraph.\n ``(2) Termination requests.--Except as provided in \n paragraph (1)(B), a consumer reporting agency may not terminate \n a security freeze on a private information file unless the \n consumer provides--\n ``(A) proper identification; and\n ``(B) the unique personal identification number or \n password provided by the consumer reporting agency \n under this section.\n ``(3) Timing.--A consumer reporting agency shall terminate \n a security freeze on a private information file within 3 \n business days after receiving a request that meets the \n requirements of this subsection from the consumer to whom the \n file relates.\n ``(g) Denial of Third Party Requests.--\n ``(1) Requests denied due to security freeze.--\n Notwithstanding any other provision of law to the contrary, if \n a third party's request for access to a private information \n file is denied because there is a security freeze on it, that \n third party may treat any application in connection with which \n the request is made as incomplete.\n ``(2) Notification of consumer.--If a consumer reporting \n agency denies a third party's request for access to a private \n information file on which a security freeze has been placed for \n any purpose other than account review, the consumer reporting \n agency shall notify the consumer that it denied the request \n within 1 business day thereafter. The notice shall identify the \n third party making the request and the stated purpose of the \n request.\n ``(h) Exceptions to Security Freeze.--The provisions of this \nsection do not apply to requests for access to a private information \nfile by--\n ``(1) a Federal, State, or local law enforcement agency \n acting within the scope of its authority or pursuant to a court \n order, warrant, or subpoena;\n ``(2) a Federal, State, or local agency that administers a \n program for establishing an enforcing child support \n obligations;\n ``(3) a Federal, State, or local health agency or its \n agents or assignees acting to investigate fraud;\n ``(4) a Federal, State, or local tax agency, or its agents \n or assignees, acting to investigate or collect delinquent taxes \n or unpaid court orders or to fulfill any of its other statutory \n responsibilities;\n ``(5) a person, or the person's subsidiary, affiliate, \n agent, or assignee with which the consumer has or, prior to \n assignment, had an account, contract, or debtor-creditor \n relationship for the purposes of reviewing the account or \n collecting the financial obligation owing for the account, \n contract, or debt;\n ``(6) a subsidiary, affiliate, agent, assignee, or \n prospective assignee of a person to whom access has been \n granted under paragraph (5) for purposes of facilitating the \n extension of credit or other permissible use; or\n ``(7) any person or entity for the purpose of providing a \n consumer with a copy of his or her private information file \n upon the consumer's request.\n ``(i) Notification of Violation.--\n ``(1) Notification.--If a consumer reporting agency \n violates the requirements of this section with respect to \n access to a private information file, it shall notify the \n consumer in writing of the violation within 5 business days. \n The notice shall include a description of the information to \n which access was granted and the name and address of the third \n party to whom such access was granted.\n ``(2) Complaints to consumer protection agencies.--If a \n private information file on which a security freeze under this \n section is accessed in violation of this section, the consumer \n to whom the file relates may file a complaint with the Federal \n Trade Commission, the attorney general of the State in which \n the consumer resides, or any other Federal or State consumer \n protection agency.\n ``(j) Application to Other Consumer Reporting Agencies.--\n ``(1) Notification.--Whenever a consumer reporting agency \n receives a request from a consumer under this section that \n meets the requirements of this section to place a security \n freeze on his or her private information file under subsection \n (a), to provide temporary or limited access to such a private \n information file under subsection (e), or to terminate a \n security freeze on such a private information file under \n subsection (f), it shall notify (on a secure basis) every other \n consumer reporting agency in the United States that it knows, \n or has reason to know, to maintain a private information file \n on that consumer of the request.\n ``(2) Compliance by other consumer reporting agencies.--A \n consumer reporting agency that receives a reported request \n under paragraph (1) shall comply with the requirements of this \n section with respect to that request to the same extent and in \n the same manner as if it had received the request from the \n consumer.\n ``(3) Liability.--A consumer reporting agency responding to \n a notification from another consumer reporting agency under \n paragraph (1) is liable for any violation of this section with \n respect to the request to which the notification relates, to \n the same extent as if it had received the request from the \n consumer, except that such an agency shall not be liable for \n any violation attributable to incorrect information provided in \n the request from the notifying agency.\n ``(k) Service Fees and Charges.--\n ``(1) Fees prohibited.--A consumer reporting agency may not \n impose a charge or fee for placing a security freeze on a \n private information file under subsection (a), for providing \n limited access to a private information file under subsection \n (e), or for terminating a security freeze on a private \n information file under subsection (f).\n ``(2) Replacement identification codes and passwords.--A \n consumer reporting agency--\n ``(A) may not impose a fee for the replacement or \n reissue of a lost or forgotten personal identification \n number or password the first time the replacement or \n reissue is provided to the consumer; but\n ``(B) may impose a fee of not more than $5 for a \n second or subsequent replacement or reissue of such a \n personal identification number or password.''.\n\nSEC. 3. DEFINITIONS.\n\n Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is \namended by adding at the end the following:\n ``(y) Definitions Relating to Security Freezes.--For purposes of \nsection 605C, the following definitions shall apply:\n ``(1) Account review.--The term `account review' means any \n activity related to account maintenance, monitoring, credit \n line increases, or account upgrades and enhancements.\n ``(2) Private information file.--\n ``(A) In general.--The term `private information \n file' means any written, oral, or other communication \n of any information by a consumer reporting agency \n bearing on a consumer's character, general reputation, \n personal characteristics, mode of living, employment, \n or personal financial information to be used in whole \n or in part for political campaign, charitable \n solicitation, commercial marketing purposes or as a \n factor in establishing the consumer's eligibility for--\n ``(i) credit or insurance to be used \n primarily for personal, family, or household \n purposes; or\n ``(ii) employment purposes.\n ``(B) Exclusions.--Except as provided in \n subparagraph (C), the term `private information file' \n does not include--\n ``(i) any report containing information \n solely as to transactions or experiences \n between the consumer and the person making the \n report;\n ``(ii) the communication of that \n information among persons related by common \n ownership or affiliated by corporate control; \n or\n ``(iii) the communication of other \n information among persons related by common \n ownership or affiliated by corporate control, \n if it is clearly and conspicuously disclosed to \n the consumer that the information may be \n communicated among such persons and the \n consumer is given the opportunity, before the \n time that the information is initially \n communicated, to direct that such information \n not be communicated among such persons;\n ``(iv) any authorization or approval of a \n specific extension of credit directly or \n indirectly by the issuer of a credit card or \n similar device; or\n ``(v) any report in which a person who has \n been requested by a third party to make a \n specific extension of credit directly or \n indirectly to a consumer conveys his or her \n decision with respect to such request, if the \n third party advises the consumer of the name \n and address of the person to whom the request \n was made, and such person makes the required \n disclosures to the consumer under Federal law.\n ``(C) Restriction on sharing of medical \n information.--Except for information or any \n communication of information disclosed as provided in \n Federal law, the exclusions in subparagraph (B) do not \n apply with respect to information disclosed to any \n person related by common ownership or affiliated by \n corporate control, if the information is--\n ``(i) medical information;\n ``(ii) an individualized list or \n description based on the payment transactions \n of the consumer for medical products or \n services; or\n ``(iii) an aggregate list of identified \n consumers based on payment transactions for \n medical products or services.''.\n\nSEC. 4. REGULATIONS.\n\n (a) Rulemaking Proceeding.--Within 90 days after the date of \nenactment of this Act, the Federal Trade Commission shall initiate a \nrulemaking proceeding to provide rules, guidelines, and criteria for \ncompliance with the requirements of section 605C of the Fair Credit \nReporting Act, as added by this Act, including--\n (1) rules necessary to implement the provisions of that \n section 605C that include required contents for a request for a \n security freeze, criteria for identification verification of \n the requesting party, and consumer notification requirements to \n ensure that consumers are aware of their rights under that \n section;\n (2) rules to ensure that a request for a security freeze on \n a private information file, a request from a consumer for \n limited or temporary access to a private information file, or a \n requested termination of such a freeze under that section, will \n be communicated by the consumer reporting agency receiving the \n request to other consumer reporting agencies, as required by \n subsection (j) of that section, and implemented by those \n agencies in a timely manner; and\n (3) rules to provide for the application of that section in \n a manner that does not conflict with any other provision of \n Federal law governing the acquisition, maintenance, \n disposition, or access to information contained in a private \n information file.\n (b) Final Rule.--The Commission shall issue final rules pursuant to \nthe proceeding initiated under subsection (a) within 1 year after the \ndate of enactment of this Act.","summary":"Consumer Identity Protection and Security Act - Requires a consumer reporting agency to place a security freeze on a private information file upon consumer request, subject to waiver by such consumer with respect to limited or temporary access to such file to a particular third party. Identifies federal, state, and local agencies permitted access to such frozen information files. Grants the Federal Trade Commission and specified federal agencies enforcement powers for violations of this Act. Empowers the consumer to file a civil action in any court if a consumer reporting agency violates the requirements of this Act. Prohibits a consumer reporting agency from imposing service fees or charges for implementing the consumer security freeze requests authorized under this Act.","title":"A bill to establish procedures for the protection of consumers from misuse of, and unauthorized access to, sensitive personal information contained in private information files maintained by commercial entities engaged in, or affecting, interstate commerce, provide for enforcement of those procedures by the Federal Trade Commission, and for other purposes.","text_len":18372,"sum_len":782} {"bill_id":"114_s2109","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Directing Dollars to Disaster Relief \nAct of 2015''.\nSEC. 2. DEFINITIONS.\n In this Act--\n (1) the term ``administrative cost''--\n (A) means a cost incurred by the Agency in support of the \n delivery of disaster assistance for a major disaster; and\n (B) does not include a cost incurred by a grantee or \n subgrantee;\n (2) the term ``Administrator'' means the Administrator of the \n Agency;\n (3) the term ``Agency'' means the Federal Emergency Management \n Agency;\n (4) the term ``direct administrative cost'' means a cost \n incurred by a grantee or subgrantee of a program authorized by the \n Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 \n U.S.C. 5121 et seq.) that can be identified separately and assigned \n to a specific project;\n (5) the term ``hazard mitigation program'' means the hazard \n mitigation grant program authorized under section 404 of the Robert \n T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. \n 5170c);\n (6) the term ``individual assistance program'' means the \n individual assistance grant program authorized under sections 408, \n 410, 415, 416, 426, and 502(a) of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act (42 U.S.C. 5174, 5177, 5182, \n 5183, 5189d, and 5192(a));\n (7) the term ``major disaster'' means a major disaster declared \n by the President under section 401 of the Robert T. Stafford \n Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);\n (8) the term ``mission assignment'' has the meaning given the \n term in section 641 of the Post-Katrina Emergency Management Reform \n Act of 2006 (6 U.S.C. 741); and\n (9) the term ``public assistance program'' means the public \n assistance grant program authorized under sections 403(a)(3), 406, \n 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief \n and Emergency Assistance Act (42 U.S.C. 5170b(a)(3), 5172, 5185, \n 5186, 5189f, and 5192(a)).\nSEC. 3. INTEGRATED PLAN FOR ADMINISTRATIVE COST REDUCTION.\n (a) In General.--Not later than 365 days after the date of \nenactment of this Act, the Administrator shall--\n (1) develop and implement an integrated plan to control and \n reduce administrative costs for major disasters, which shall \n include--\n (A) steps the Agency will take to reduce administrative \n costs;\n (B) milestones needed for accomplishing the reduction of \n administrative costs;\n (C) strategic goals for the average annual percentage of \n administrative costs of major disasters for each fiscal year;\n (D) the assignment of clear roles and responsibilities, \n including the designation of officials responsible for \n monitoring and measuring performance; and\n (E) a timetable for implementation;\n (2) compare the costs and benefits of tracking the \n administrative cost data for major disasters by the public \n assistance, individual assistance, hazard mitigation, and mission \n assignment programs, and if feasible, track this information; and\n (3) clarify Agency guidance and minimum documentation \n requirements for a direct administrative cost claimed by a grantee \n or subgrantee of a public assistance grant program.\n (b) Congressional Update.--Not later than 90 days after the date of \nenactment of this Act, the Administrator shall brief the Committee on \nHomeland Security and Governmental Affairs of the Senate and the \nCommittee on Transportation and Infrastructure of the House of \nRepresentatives on the plan required to be developed under subsection \n(a)(1).\n (c) Updates.--If the Administrator modifies the plan or the \ntimetable under subsection (a), the Administrator shall submit to the \nCommittee on Homeland Security and Governmental Affairs of the Senate \nand the Committee on Transportation and Infrastructure of the House of \nRepresentatives a report notifying Congress of the modification, which \nshall include the details of the modification.\nSEC. 4. REPORTING REQUIREMENT.\n (a) Annual Report.--Not later than November 30 of each year for 7 \nyears beginning on the date of enactment of this Act, the Administrator \nshall submit to Committee on Homeland Security and Governmental Affairs \nof the Senate and the Committee on Transportation and Infrastructure of \nthe House of Representatives a report on the development and \nimplementation of the integrated plan required under section 3 for the \nprevious fiscal year.\n (b) Report Updates.--\n (1) Three year update.--Not later than 3 years after the date \n on which the Administrator submits a report under subsection (a), \n the Administrator shall submit an updated report for the previous \n 3-fiscal-year period.\n (2) Five year update.--Not later than 5 years after the date on \n which the Administrator submits a report under subsection (a), the \n Administrator shall submit an updated report for the previous 5-\n fiscal-year period.\n (c) Contents of Reports.--Each report required under subsections \n(a) and (b) shall contain, at a minimum--\n (1) the total amount spent on administrative costs for the \n fiscal year period for which the report is being submitted;\n (2) the average annual percentage of administrative costs for \n the fiscal year period for which the report is being submitted;\n (3) an assessment of the effectiveness of the plan developed \n under section 3(a)(1);\n (4) an analysis of--\n (A) whether the Agency is achieving the strategic goals \n established under section 3(a)(1)(C); and\n (B) in the case of the Agency not achieving such strategic \n goals, what is preventing the Agency from doing so;\n (5) any actions the Agency has identified as useful in \n improving upon and reaching the goals for administrative costs \n established under section 3(a)(1)(C); and\n (6) any data described in section 3(a)(2), if the Agency \n determines it is feasible to track such data.\n (d) Public Availability.--Not later than 30 days after the date on \nwhich the Administrator submits a report to Congress under this \nsection, the Administrator shall make the report publicly available on \nthe website of the Agency.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on February 9, 2016. Directing Dollars to Disaster Relief Act of 2015 This bill directs the Federal Emergency Management Agency (FEMA) to: develop and implement an integrated plan to control and reduce administrative costs incurred by FEMA in support of the delivery of assistance for major disasters. Compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, track such information. And clarify FEMA guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. FEMA must submit to Congress, by November 30 of each year for seven years beginning on the date of this Act's enactment, and make publicly available on its website, a report on the development and implementation of the plan for the previous fiscal year, with three-year and five-year updates. Each report shall contain: the total amount spent on administrative costs and the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted, an assessment of the effectiveness of the plan. An analysis of whether FEMA is achieving its strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year and, in the case of it not achieving such goals, what is preventing it from doing so. Any actions FEMA has identified as useful in improving upon and reaching those goals. And any administrative cost data for major disasters, if FEMA determines it is feasible to track such data.","title":"Directing Dollars to Disaster Relief Act of 2015","text_len":6707,"sum_len":1819} {"bill_id":"114_hr4572","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workforce Training Enhancement Act \nof 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The viability of the domestic steel industry is crucial \n to the United States economy and national security.\n (2) The steel and taconite iron mining industries have been \n severely impacted by the foreign dumping and overproduction of \n steel and are continually faced with unfair trade practices.\n (3) In 2014, United States imports of steel and steel \n products increased by 36 percent and captured 28 percent of the \n total United States steel market. In 2015, United States \n imports of steel and steel products continued to increase, and \n captured 29 percent of the total United States steel market.\n (4) In 1974, Congress enacted the Trade Act of 1974 (19 \n U.S.C. 2101 et seq.), which established the trade adjustment \n assistance program under chapter 2 of title II of that Act (19 \n U.S.C. 2271 et seq.) to assist workers who have been adversely \n affected by trade.\n (5) The trade adjustment assistance program provides vital \n benefits and services to workers whose employment has been \n adversely affected by foreign trade. Those benefits and \n services include education and training, income support, \n relocation assistance, job search assistance, and the health \n coverage tax credit.\n (6) Since the inception of the trade adjustment assistance \n program, more than 5,000,000 United States workers have been \n certified as eligible for benefits and services under the \n program.\n (7) As of September 30, 2015, the trade adjustment \n assistance program had served more than 2,200,000 workers.\n (8) In fiscal year 2015, the Department of Labor certified \n 413 petitions for eligibility for the trade adjustment \n assistance program, which provided access to trade adjustment \n assistance benefits for 57,631 workers.\n (9) In 2015, more than 13,000 new participants were \n enrolled in the trade adjustment assistance for workers program \n and the program provided services and benefits to more than \n 47,000 workers.\n (10) From fiscal year 2012 through fiscal year 2015, the \n average processing time for a petition under the trade \n adjustment assistance for workers program was 49.1 days and the \n average processing time for fiscal year 2015 was 47.2 days.\n (11) The trade adjustment assistance program provides vital \n education and training services to assist trade-affected \n workers to acquire new skills and prepare for new employment.\n (12) From 2012 through 2015, more than 9,800 steelworkers \n and iron ore miners in 17 States lost their jobs as a result of \n increases in imports of steel and steel products and were \n certified as eligible to apply for the trade adjustment \n assistance program.\n (13) In fiscal year 2015, more than 6,500 steelworkers were \n certified as eligible for trade adjustment assistance, \n including workers who were laid off or furloughed in 2014.\n (14) In order to empower workers who have been adversely \n affected by foreign trade, States should have the option of \n providing the funding for vital educational and training \n programs for workers while their petitions for certification of \n eligibility for trade adjustment assistance is pending.\n\nSEC. 3. AUTHORIZATION OF STATES TO REIMBURSE CERTAIN COSTS OF PROVIDING \n TRAINING TO WORKERS AFTER A PETITION FOR TRADE ADJUSTMENT \n ASSISTANCE IS FILED.\n\n (a) In General.--Section 236(a)(6) of the Trade Act of 1974 (19 \nU.S.C. 2296(a)(6)) is amended by adding at the end the following:\n ``(C)(i) If the conditions described in clause (ii) are met, a \nState may use the funds distributed to the State under paragraph (2) to \nreimburse the costs of providing training to a worker before the worker \nis approved for training under paragraph (1) paid by--\n ``(I) the State from funds provided by the State;\n ``(II) the State or local workforce development areas \n within the State from funds available under subtitle B of title \n I of the Workforce Innovation and Opportunity Act (29 U.S.C. \n 3151 et seq.); or\n ``(III) an eligible entity under section 170 of that Act \n (29 U.S.C. 3225) in the State from funds available under that \n section.\n ``(ii) The conditions described in this clause are met if--\n ``(I) as of the date of the reimbursement under clause (i) \n the worker is covered by a certification for eligibility under \n subchapter A; and\n ``(II) the training, the costs of which are being \n reimbursed--\n ``(aa) commenced after the date on which the total \n or partial separations of the group of workers covered \n by the certification for eligibility began or \n threatened to begin; and\n ``(bb) meets the requirements for approval of \n training under paragraph (1).''.\n (b) Conforming Amendment.--Section 236(a)(4)(B) of the Trade Act of \n1974 (19 U.S.C. 2296(a)(4)(B)) is amended by striking ``No'' and \ninserting ``Except as provided in paragraph (6)(C), no''.","summary":"Workforce Training Enhancement Act of 2016 This bill amends the Trade Act of 1974, with respect to trade adjustment assistance (TAA) for training to adversely affected workers, to authorize a state to use certain funds distributed by the Department of Labor to reimburse the costs of providing training to an adversely affected worker before the worker is approved for training under the Act if those costs have been paid by: the state from state funds, the state or local workforce development areas within the state from funds available for workforce investment activities and providers under the Workforce Innovation and Opportunity Act, or another entity eligible in the state under the national dislocated worker grants program from funds available for that program. The use of funds under this Act shall be conditioned, however, on the worker's coverage by a certification for TAA eligibility for training meeting approval requirements which commenced after the date on which the total or partial separations of the group of workers covered by the certification for eligibility began or threatened to begin.","title":"Workforce Training Enhancement Act of 2016","text_len":5642,"sum_len":1113} {"bill_id":"105_s2250","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tenth Amendment Enforcement Act of \n1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in most areas of governmental concern, State \n governments possess both the constitutional authority and the \n competence to discern the needs and the desires of the people \n and to govern accordingly;\n (2) Federal laws and agency regulations, which have \n interfered with State powers in areas of State jurisdiction, \n should be restricted to powers delegated to the Federal \n Government by the United States Constitution;\n (3) the framers of the United States Constitution intended \n to bestow upon the Federal Government only limited authority \n over the States and the people;\n (4) under the Tenth Amendment of the United States \n Constitution, the powers not delegated to the United States by \n the Constitution, nor prohibited by it to the States, are \n reserved to the States respectively, or to the people; and\n (5) the courts, which have in general construed the Tenth \n Amendment not to restrain the Federal Government's power to act \n in areas of State jurisdiction, should be directed to strictly \n construe Federal laws and regulations which interfere with \n State powers with a presumption in favor of State authority and \n against Federal preemption.\n\nSEC. 3. CONGRESSIONAL DECLARATION.\n\n (a) In General.--On or after January 1, 1999, any statute enacted \nby Congress shall include a declaration--\n (1) that authority to govern in the area addressed by the \n statute is delegated to Congress by the United States \n Constitution, including a citation to the specific \n constitutional authority relied upon;\n (2) that Congress specifically finds that Congress has a \n greater degree of competence than the States to govern in the \n area addressed by the statute; and\n (3) if the statute interferes with State powers or preempts \n any State or local government law, regulation or ordinance, \n that Congress specifically intends to interfere with State \n powers or preempt State or local government law, regulation, or \n ordinance, and that such preemption is necessary.\n (b) Findings.--Congress shall make specific factual findings in \nsupport of the declarations described under this section.\n\nSEC. 4. POINT OF ORDER.\n\n (a) In General.--It shall not be in order in either the Senate or \nHouse of Representatives to consider any bill, joint resolution, or \namendment that does not include a declaration of congressional intent \nas required under section 3.\n (b) Rulemaking.--This section is enacted--\n (1) as an exercise of the rulemaking power of the Senate \n and House of Representatives, and as such, it is deemed a part \n of the rules of the Senate and House of Representatives, but is \n applicable only with respect to the matters described in \n section 3 and subsection (a) of this section and supersedes \n other rules of the Senate or House of Representatives only to \n the extent that such sections are inconsistent with such rules; \n and\n (2) with full recognition of the constitutional right of \n the Senate or House of Representatives to change such rules at \n any time, in the same manner as in the case of any rule of the \n Senate or House of Representatives.\n\nSEC. 5. EXECUTIVE PREEMPTION OF STATE LAW.\n\n (a) In General.--Chapter 5 of title 5, United States Code, is \namended by inserting after section 559 the following new section:\n``Sec. 559a. Preemption of State law\n ``(a) No agency shall construe any statutory authorization to issue \nrules as authorizing preemption of State law or local ordinance by \nrulemaking or other agency action unless--\n ``(1) the statute expressly authorizes issuance of \n preemptive rules; and\n ``(2) the agency concludes that the exercise of State power \n directly conflicts with the exercise of Federal power under the \n Federal statute, such that the State statutes and the Federal \n rule promulgated under the Federal statute cannot be reconciled \n or consistently stand together.\n ``(b) Any regulatory preemption of State law shall--\n ``(1) be narrowly written to achieve the objectives of the \n statute under which the rules are promulgated; and\n ``(2) explicitly describe the scope of preemption.\n ``(c)(1) When an agency proposes to act through rulemaking or other \nagency action to preempt State law, the agency shall provide all \naffected States notice and an opportunity for comment by duly elected \nor appointed State and local government officials or their designated \nrepresentatives in the proceedings.\n ``(2) The notice of proposed rulemaking shall be forwarded to the \nGovernor, the Attorney General and the presiding officer of each \nchamber of the Legislature of each State setting forth the extent and \npurpose of the preemption.\n ``(3) In the table of contents of each Federal Register, there \nshall be a separate list of preemptive rules contained within that \nRegister.\n ``(d) Unless a final agency rule contains an explicit provision \ndeclaring the Federal Government's intent to preempt State or local \ngovernment powers and an explicit description of the extent and purpose \nof that preemption, the rule shall not be construed to preempt any \nState or local government law, ordinance or regulation.\n ``(e)(1) Each agency shall publish in the Federal Register a plan \nfor periodic review of the rules issued by the agency that preempt, in \nwhole or in part, State or local government powers. Such plan may be \namended by the agency at any time by publishing a revision in the \nFederal Register.\n ``(2) The purpose of the review under this subsection shall be to \ndetermine whether and to what extent such rules are to continue without \nchange, consistent with the stated objectives of the applicable \nstatutes, or are to be altered or repealed to minimize the effect of \nthe rules on State or local government powers.''.\n (b) Nonbinding Regulations.--Any Federal rule or regulation \npromulgated after January 1, 1999, that is promulgated in a manner \ninconsistent with section 559a of title 5, United States Code (as added \nby this section), shall not be binding on any State or local \ngovernment, and shall not preempt any State or local government law, \nordinance, or regulation.\n (c) Conforming Amendment.--The table of sections for chapter 5 of \ntitle 5, United States Code, is amended by adding after the item \nrelating to section 559 the following:\n\n``559a. Preemption of State law.''.\n\nSEC. 6. RULES OF CONSTRUCTION.\n\n (a) In General.--No statute enacted after the date of enactment of \nthis Act (or rule promulgated under such statute), shall be construed \nby courts or other adjudicative entities to preempt, in whole or in \npart, any State or local government law, ordinance or regulation \nunless--\n (1) the statute, or rule promulgated under such statute, \n contains an explicit declaration of intent to preempt; or\n (2) there is a direct conflict between such statute and a \n State or local government law, ordinance, or regulation, such \n that the two cannot be reconciled or consistently stand \n together.\n (b) Favorable Construction.--Notwithstanding any other provision of \nlaw, any ambiguities in this Act, or in any other law of the United \nStates, shall be construed in favor of preserving the authority of the \nStates and the people.\n (c) Severability.--If any provision of this Act, or the application \nthereof to any person or circumstance, is held invalid, the validity of \nthe remainder of the Act and the application of such provision to other \npersons and circumstances shall not be affected thereby.\n\nSEC. 7. APPROPRIATION BY STATE LEGISLATURES.\n\n Any funds received by a State under Federal law shall be subject to \nappropriation by the State legislature, consistent with the terms and \nconditions required under such applicable provisions of law.\n\nSEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION.\n\n (a) Report.--Not later than 90 days after each Congress adjourns \nsine die, the Congressional Research Service shall prepare and make \navailable to the public a report on the extent of Federal statutory \npreemption of State and local government powers enacted into law during \nthe preceding Congress or adopted through judicial interpretation of \nFederal statutes.\n (b) Contents.--The report shall contain--\n (1) a cumulative list of the Federal statutes preempting, \n in whole or in part, State and local government powers;\n (2) a summary of Federal legislation enacted during the \n previous Congress preempting, in whole or in part, State and \n local government powers;\n (3) an overview of recent court cases addressing Federal \n preemption issues; and\n (4) other information the Director of the Congressional \n Research Service determines appropriate.\n (c) Submittal.--Copies of the report shall be submitted to the \nPresident and the chairman of the appropriate committees in the Senate \nand House of Representatives.","summary":"Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution. (2) Congress has a greater degree of competence than the States to govern in that area. And (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt. Or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.","title":"Tenth Amendment Enforcement Act of 1998","text_len":9523,"sum_len":2573} {"bill_id":"106_s2501","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Generic \nPharmaceutical Access and Choice for Consumers Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings and purposes.\n TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS\n\nSec. 101. Encouragement of the use of generic drugs under the Public \n Health Service Act.\nSec. 102. Application to Federal employees health benefits program.\nSec. 103. Application to medicare program.\nSec. 104. Application to medicaid program.\nSec. 105. Application to Indian Health Service.\nSec. 106. Application to veterans programs.\nSec. 107. Application to recipients of uniformed services health care.\nSec. 108. Application to Federal prisoners.\n TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS\n\nSec. 201. Therapeutic equivalence of generic drugs.\n TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM\n\nSec. 301. Sense of the Senate regarding a preference for the use of \n generic pharmaceuticals under the medicare \n program.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Generic pharmaceuticals are approved by the Food and \n Drug Administration on the basis of testing and other \n information establishing that such pharmaceuticals are \n therapeutically equivalent to brand-name pharmaceuticals, \n ensuring consumers a safe, efficacious, and cost-effective \n alternative to brand-name pharmaceuticals.\n (2) The pharmaceutical market has become increasingly \n competitive during the last decade because of the increasing \n availability and accessibility of generic pharmaceuticals.\n (3) The Congressional Budget Office estimates that--\n (A) the substitution of generic pharmaceuticals for \n brand-name pharmaceuticals will save purchasers of \n pharmaceuticals between $8,000,000,000 and \n $10,000,000,000 each year; and\n (B) quality generic pharmaceuticals cost between 25 \n percent and 60 percent less than brand-name \n pharmaceuticals, resulting in an estimated average \n savings of $15 to $30 on each prescription filled.\n (4) Generic pharmaceuticals are widely accepted by both \n consumers and the medical profession, as the market share held \n by generic pharmaceuticals compared to brand-name \n pharmaceuticals has more than doubled during the last decade, \n from approximately 19 percent to 43 percent, according to the \n Congressional Budget Office.\n (b) Purposes.--The purposes of this Act are--\n (1) to reduce the cost of prescription drugs to the United \n States Government and to beneficiaries under Federal health \n care programs while maintaining the quality of health care by \n encouraging the use of generic drugs rather than nongeneric \n drugs under those programs whenever feasible; and\n (2) to increase the utilization of generic pharmaceuticals \n by requiring the Food and Drug Administration, where \n appropriate, to determine that a generic pharmaceutical is the \n therapeutic equivalent of its brand-name counterpart, and by \n affording national uniformity to that determination.\n\n TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS\n\nSEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC \n HEALTH SERVICE ACT.\n\n (a) In General.--Part B of title II of the Public Health Service \nAct (42 U.S.C. 238 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED.\n\n ``(a) Each grant or contract entered into under this Act that \ninvolves the provision of health care items or services to individuals \nshall include provisions to ensure that, to the extent feasible, any \nprescriptions provided for under such grant or contract are filled by \nproviding the generic form of the drug involved, unless the nongeneric \nform of the drug is--\n ``(1) specifically ordered by the prescribing provider; or\n ``(2) requested by the individual for whom the drug is \n prescribed.\n ``(b) In this section:\n ``(1) The term `generic form of the drug' means a drug that \n is the subject of an application approved under section 505(j) \n of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), \n for which the Secretary has made a determination that the drug \n is the therapeutic equivalent of a listed drug under section \n 505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)).\n ``(2) The term `nongeneric form of the drug' means a drug \n that is the subject of an application approved under section \n 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 355(b)).''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to any drug furnished on or after the date of enactment of \nthis Act.\n\nSEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.\n\n (a) In General.--Section 8902 of title 5, United States Code, is \namended by adding at the end the following new subsection:\n ``(p) To the extent feasible, if a contract under this chapter \nprovides for the provision of, the payment for, or the reimbursement of \nthe cost of any prescription drug, the carrier shall provide, pay, or \nreimburse the cost of the generic form of the drug (as defined in \nsection 247(b)(1) of the Public Health Service Act), except, if the \nnongeneric form of the drug (as defined in section 247(b)(2) of such \nAct) is--\n ``(1) specifically ordered by the prescribing provider; or\n ``(2) requested by the individual for whom the drug is \n prescribed.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto any drug furnished during contract years beginning on or after \nJanuary 1, 2001.\n\nSEC. 103. APPLICATION TO MEDICARE PROGRAM.\n\n (a) In General.--Section 1861(t) of the Social Security Act (42 \nU.S.C. 1395x(t)) is amended by adding at the end the following new \nparagraph:\n ``(3) For purposes of paragraph (1), the term `drugs' means, to the \nextent feasible, the generic form of the drug (as defined in section \n247(b)(1) of the Public Health Service Act), unless the nongeneric form \nof such drug (as defined in section 247(b)(2) of such Act) is--\n ``(A) specifically ordered by the health care provider; or\n ``(B) requested by the individual to whom the drug is \n provided.''.\n (b) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendment made by this section shall apply with respect to any \n drug furnished on or after the date of enactment of this Act.\n (2) Medicare+choice plans.--In the case of a \n Medicare+Choice plan offered by a Medicare+Choice organization \n under part C of title XVIII of the Social Security Act (42 \n U.S.C. 1395w-21 et seq.), the amendment made by this section \n shall apply to any drug furnished during contract years \n beginning on or after January 1, 2001.\n\nSEC. 104. APPLICATION TO MEDICAID PROGRAM.\n\n (a) In General.--Section 1902(a) of the Social Security Act (42 \nU.S.C. 1396a(a)) is amended--\n (1) in paragraph (64), by striking ``and'' at the end;\n (2) in paragraph (65), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding the following new paragraph:\n ``(66) provide that the State shall, in conjunction with \n the program established under section 1927(g), to the extent \n feasible, provide for the use of a generic form of a drug (as \n defined in section 247(b)(1) of the Public Health Service Act), \n unless the nongeneric form of the drug (as defined in section \n 247(b)(2) of such Act is--\n ``(A) specifically ordered by the provider; or\n ``(B) requested by the individual to whom the drug \n is provided.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to any drug furnished under State plans that are approved \nor renewed on or after the date of enactment of this Act.\n\nSEC. 105. APPLICATION TO INDIAN HEALTH SERVICE.\n\n (a) In General.--Title II of the Indian Health Care Improvement Act \n(25 U.S.C. 1621 et seq.) is amended by adding at the end the following \nnew subsection:\n\n``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED.\n\n ``In providing health care items or services under this Act, the \nIndian Health Service shall ensure that, to the extent feasible, any \nprescriptions that are provided for under this Act are filled by \nproviding the generic form of the drug (as defined in section 247(b)(1) \nof the Public Health Service Act) involved, unless the nongeneric form \nof the drug (as defined in section 247(b)(2) of such Act) is--\n ``(1) specifically ordered by the prescribing provider; or\n ``(2) requested by the individual for whom the drug is \n prescribed.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to any drug furnished on or after the date of enactment of \nthis Act.\n\nSEC. 106. APPLICATION TO VETERANS PROGRAMS.\n\n (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17 \nof title 38, United States Code, is amended by inserting after section \n1722A the following new section:\n``Sec. 1722B. Use of generic drugs encouraged\n ``When furnishing a prescription drug under this chapter, the \nSecretary shall furnish a generic form of the drug (as defined in \nsection 247(b)(1) of the Public Health Service Act), unless the \nnongeneric form of the drug (as defined in section 247(b)(2) of such \nAct) is--\n ``(1) specifically ordered by the prescribing provider; or\n ``(2) requested by the individual for whom the drug is \n prescribed.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item \nrelating to section 1722A the following new item:\n\n``1722B. Use of generic drugs encouraged.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to any drug furnished on or after the date of \nenactment of this Act.\n\nSEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE.\n\n (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10, \nUnited States Code, is amended by adding at the end the following new \nsection:\n``Sec. 1110. Use of generic drugs encouraged\n ``The Secretary of Defense shall ensure that, whenever feasible, \neach health care provider who furnishes a drug furnishes the generic \nform of the drug (as defined in section 247(b)(1) of the Public Health \nService Act), unless the nongeneric form of the drug (as defined in \nsection 247(b)(2) of such Act) is--\n ``(1) specifically ordered by the prescribing provider; or\n ``(2) requested by the individual for whom the drug is \n prescribed.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1109 the following new item:\n\n``1110. Use of generic drugs encouraged.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to any drug furnished on or after the date of \nenactment of this Act.\n\nSEC. 108. APPLICATION TO FEDERAL PRISONERS.\n\n (a) In General.--Section 4006(b) of title 18, United States Code, \nis amended by adding at the end the following new paragraph:\n ``(3) Use of generic drugs encouraged.--The Attorney \n General shall ensure that, whenever feasible, each health care \n provider who furnishes a drug to a prisoner charged with or \n convicted of an offense against the United States furnishes the \n generic form of the drug (as defined in section 247(b)(1) of \n the Public Health Service Act), unless the nongeneric form of \n the drug (as defined in section 247(b)(2) of such Act) is--\n ``(A) specifically ordered by the prescribing \n provider; or\n ``(B) requested by the prisoner for whom the drug \n is prescribed.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to any drug furnished on or after the date of enactment of \nthis Act.\n\n TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS\n\nSEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS.\n\n (a) In General.--Section 505(j) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(j)) is amended--\n (1) in paragraph (5), by adding at the end the following \n new subparagraph:\n ``(E)(i) For each abbreviated application filed under paragraph \n(1), the Secretary shall determine whether the new drug for which the \napplication is filed is the therapeutic equivalent of the listed drug \nreferred to in paragraph (2)(A)(i) prior to the approval of the \napplication.\n ``(ii) For purposes of clause (i), a new drug is the therapeutic \nequivalent of a listed drug if--\n ``(I) each active ingredient of the new drug and the listed \n drug is the same;\n ``(II) the new drug and the listed drug (aa) are of the \n same dosage form; (bb) have the same route of administration; \n (cc) are identical in strength or concentration; (dd) meet the \n same compendial or other applicable standards, except that the \n drugs may differ in shape, scoring, configuration, packaging, \n excipient, expiration time, or, subject to paragraph (2)(A)(v), \n labeling; and (ee) are expected to have the same clinical \n effect and safety profile when administered to patients under \n conditions specified in the labeling; and\n ``(III) the new drug does not (aa) present a known or \n potential bioequivalence problem and meets an acceptable in \n vitro standard; or (bb) if the new drug presents a known or \n potential bioequivalence problem, the drug is shown to meet an \n appropriate bioequivalence standard.\n ``(iii) With respect to a new drug for which an abbreviated \napplication is filed under paragraph (1), the provisions of this \nsubparagraph shall supersede any provisions of the law of any State \nrelating to the determination of the therapeutic equivalence of the \ndrug to a listed drug.''; and\n (2) in paragraph (7)(A), by adding at the end the \n following:\n ``(iv) The Secretary shall include in each revision of the \n list under clause (ii) on or after the date of enactment of \n this clause the official and proprietary name of each listed \n drug that is therapeutically equivalent to a new drug approved \n under this subsection during the preceding 30-day period, as \n determined under paragraph (5)(E).''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this Act.\n\n TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM\n\nSEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF \n GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM.\n\n It is the sense of the Senate that legislative language requiring, \nto the extent feasible, a preference for the safe and cost-effective \nuse of generic pharmaceuticals should be considered in conjunction with \nany legislation that adds a comprehensive prescription drug benefit to \nthe medicare program under title XVIII of the Social Security Act (42 \nU.S.C. 1395 et seq.).","summary":"Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program.","title":"Generic Pharmaceutical Access and Choice for Consumers Act of 2000","text_len":16140,"sum_len":908} {"bill_id":"108_hr1224","text":"SECTION 1. FINDINGS.\n\n The Congress finds that--\n (1) the Russian Federation has adopted constitutional \n protections and statutory and administrative procedures that \n accord its citizens the right and opportunity to emigrate, free \n of anything more than a nominal tax on emigration or on the \n visas or other documents required for emigration and free of \n any tax, levy, fine, fee, or other charge on any citizens as a \n consequence of the desire of such citizens to emigrate to the \n country of their choice or to return to the Russian Federation;\n (2) the Russian Federation has been found to be in full \n compliance with the freedom of emigration requirements under \n title IV of the Trade Act of 1974 since 1994;\n (3) the Russian Federation has taken important steps toward \n the creation of democratic institutions and a free-market \n economy and, as a participating state of the Organization for \n Security and Cooperation in Europe (in this Act referred to as \n the ``OSCE''), is committed to developing a system of \n governance in accordance with the principles regarding human \n rights and humanitarian affairs that are set forth in the Final \n Act of the Conference on Security and Cooperation in Europe \n (also known as the ``Helsinki Final Act'') and successive \n documents;\n (4) the Russian Federation is committed to addressing \n issues relating to its national and religious minorities as a \n participating state of the OSCE, to adopting measures to ensure \n that persons belonging to national minorities have full \n equality both individually and communally, and to respecting \n the independence of minority religious communities, although \n problems still exist regarding the registration of religious \n groups, visa, and immigration requirements, and other laws, \n regulations, and practices that interfere with the activities \n or internal affairs of minority religious communities;\n (5) the Russian Federation has enacted legislation \n providing protection against discrimination or incitement to \n violence against persons or groups based on national, racial, \n ethnic, or religious discrimination, including anti-Semitism;\n (6) the Russian Federation has committed itself, including \n through exchanges of letters, to ensuring freedom of religion, \n equal treatment of all religious groups, and combating racial, \n ethnic, and religious intolerance and hatred, including anti-\n Semitism;\n (7) the Russian Federation has engaged in efforts to combat \n ethnic and religious intolerance by cooperating with various \n United States nongovernmental organizations;\n (8) the Russian Federation is continuing the restitution of \n religious properties, including religious and communal \n properties confiscated from national and religious minorities \n during the Soviet era, facilitating the reemergence of these \n minority groups in the national life of the Russian Federation, \n and has committed itself, including through exchanges of \n letters, to continue the restitution of such properties;\n (9) the Russian Federation has received normal trade \n relations treatment since concluding a bilateral trade \n agreement with the United States that entered into force on \n June 17, 1992;\n (10) the Russian Federation is making progress toward \n accession to the World Trade Organization, recognizing that \n many central issues remain to be resolved, including removal of \n unjustified restrictions on agricultural products of the United \n States, commitments relating to tariff reductions for goods, \n trade in services, protection of intellectual property rights, \n reform of the industrial energy sector, elimination of export \n incentives for industrial goods, reform of customs procedures \n and technical, sanitary, and phytosanitary measures, and \n inclusion of trade remedy provisions;\n (11) the Russian Federation has enacted some protections \n reflecting internationally recognized labor rights, but serious \n gaps remain both in the country's legal regime and its \n enforcement record;\n (12) the Russian Federation has provided constitutional \n guarantees of freedom of the press, although infringements of \n this freedom continue to occur; and\n (13) the Russian Federation has demonstrated a strong \n desire to build a friendly and cooperative relationship with \n the United States.\n\nSEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 \n TO THE RUSSIAN FEDERATION.\n\n (a) Presidential Determinations and Extensions of Nondiscriminatory \nTreatment.--Notwithstanding any provision of title IV of the Trade Act \nof 1974 (19 U.S.C. 2431 et seq.), the President may--\n (1) determine that such title should no longer apply to the \n Russian Federation; and\n (2) after making a determination under paragraph (1) with \n respect to the Russian Federation, proclaim the extension of \n nondiscriminatory treatment (normal trade relations treatment) \n to the products of that country.\n (b) Termination of Application of Title IV.--On and after the \neffective date of the extension under subsection (a)(2) of \nnondiscriminatory treatment to the products of the Russian Federation, \nchapter 1 of title IV of the Trade Act of 1974 shall cease to apply to \nthat country.\n\nSEC. 3. POLICY OF THE UNITED STATES.\n\n It is the policy of the United States to remain fully committed to \na multifaceted engagement with the Russian Federation, including by--\n (1) urging the Russian Federation to ensure that its \n national, regional, and local laws, regulations, practices, and \n policies fully, and in conformity with the standards of the \n OSCE--\n (A) provide for the free emigration of its \n citizens;\n (B) safeguard religious liberty throughout the \n Russian Federation, including by ensuring that the \n registration of religious groups, visa and immigration \n requirements, and other laws, regulations, and \n practices are not used to interfere with the activities \n or internal affairs of minority religious communities;\n (C) enforce and enhance existing Russian laws at \n the national and local levels to combat ethnic, \n religious, and racial discrimination and related \n violence;\n (D) expand the restitution of religious and \n communal properties, including by establishing a legal \n framework for the timely completion of such \n restitution; and\n (E) respect fully freedom of the press;\n (2) working with the Russian Federation, including through \n the Secretary of Labor and other appropriate executive branch \n officials, to address the issues described in section 1(11); \n and\n (3) continuing rigorous monitoring by the United States of \n human rights issues in the Russian Federation, including the \n issues described in paragraphs (1) and (2), providing \n assistance to nongovernmental organizations and human rights \n groups involved in human rights activities in the Russian \n Federation, and promoting annual discussions and ongoing dialog \n with the Russian Federation regarding those issues, including \n the participation of United States and Russian nongovernmental \n organizations in such discussions.\n\nSEC. 4. REPORTING REQUIREMENT.\n\n The reports required by sections 102(b) and 203 of the \nInternational Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and \n6433) shall include an assessment of the status of the issues described \nin subparagraphs (A) through (D) of section 3(1).\n\nSEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992, \n BILATERAL TRADE AGREEMENT.\n\n (a) Finding.--The Congress finds that the trade agreement between \nthe United States and the Russian Federation that entered into force on \nJune 17, 1992, remains in force between the 2 countries and provides \nthe United States with important rights, including the right to use \nspecific safeguard rules to respond to import surges from the Russian \nFederation.\n (b) Applicability of Safeguard.--Section 421 of the Trade Act of \n1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same \nextent as such section applies to the People's Republic of China.\n\nSEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION \n NEGOTIATIONS.\n\n (a) Notice of Agreement on Accession to WTO by Russian \nFederation.--Not later than 5 days after the date on which the United \nStates has entered into a bilateral agreement with the Russian \nFederation on the terms of accession by the Russian Federation to the \nWorld Trade Organization, the President shall so notify the Congress, \nand the President shall transmit to the Congress, not later than 15 \ndays after that agreement is entered into, a report that sets forth the \nprovisions of that agreement.\n (b) Resolution of Disapproval.--\n (1) Introduction.--If a resolution of disapproval is \n introduced in the House of Representatives or the Senate during \n the 30-day period (not counting any day which is excluded under \n section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), \n beginning on the date on which the President first notifies the \n Congress under subsection (a) of the agreement referred to in \n that subsection, that resolution of disapproval shall be \n considered in accordance with this subsection.\n (2) Resolution of disapproval.--In this subsection, the \n term ``resolution of disapproval'' means only a joint \n resolution of the two Houses of the Congress, the matter after \n the resolving clause of which is as follows: ``That the \n Congress does not approve the agreement between the United \n States and the Russian Federation on the terms of accession by \n the Russian Federation to the World Trade Organization, of \n which Congress was notified on ____.'', with the blank space \n being filled with the appropriate date.\n (3) Procedures for considering resolutions.--\n (A) Introduction and referral.--Resolutions of \n disapproval--\n (i) in the House of Representatives--\n (I) may be introduced by any Member \n of the House;\n (II) shall be referred to the \n Committee on Ways and Means and, in \n addition, to the Committee on Rules; \n and\n (III) may not be amended by either \n Committee; and\n (ii) in the Senate--\n (I) may be introduced by any Member \n of the Senate;\n (II) shall be referred to the \n Committee on Finance; and\n (III) may not be amended.\n (B) Committee discharge and floor consideration.--\n The provisions of subsections (c) through (f) of \n section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c) \n through (f)) (relating to committee discharge and floor \n consideration of certain resolutions in the House and \n Senate) apply to a resolution of disapproval to the \n same extent as such subsections apply to resolutions \n under such section.\n (c) Rules of House of Representatives and Senate.--Subsection (b) \nis enacted by the Congress--\n (1) as an exercise of the rulemaking power of the House of \n Representatives and the Senate, respectively, and as such are \n deemed a part of the rules of each House, respectively, and \n such procedures supersede other rules only to the extent that \n they are inconsistent with such other rules; and\n (2) with the full recognition of the constitutional right \n of either House to change the rules (so far as relating to the \n procedures of that House) at any time, in the same manner, and \n to the same extent as any other rule of that House.","summary":"Authorizes the President to extend nondiscriminatory treatment to the products of the Russian Federation. Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by urging the Russian Federation to ensure that its laws and policies in conformity with Organization for Security and Cooperation in Europe (OSCE) standards provide for the free emigration of its citizens and recognize human rights. Declares that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 1992, remains in force and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from the Russian Federation. Requires the President to notify Congress not later than five days after the United States has entered into a bilateral agreement with the Russian Federation on the terms of its accession to the World Trade Organization (WTO). Provides for congressional approval of such agreement.","title":"To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation, and for other purposes.","text_len":13146,"sum_len":1076} {"bill_id":"110_hr1149","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Justice for Public Safety Officers \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) State and local prosecutors are the best equipped \n prosecutors to prosecute crimes against local and State peace \n officers.\n (2) Cases involving the murder of local and State peace \n officers and subsequent flight to avoid prosecution in the \n United States implicate Federal interests, and by providing \n Federal jurisdiction in such cases the Federal Government will \n be able to provide additional investigatory and prosecutorial \n resources.\n (3) The United States should use all reasonable tools \n available to encourage foreign countries to change their \n extradition policies so that the possibility of capital \n punishment or life imprisonment will not interfere with the \n timely extradition of fugitives of the United States.\n\nSEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS.\n\n (a) Offense.--Chapter 51 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1123. Killing of federally funded or Federal law enforcement \n officers\n ``(a) Offense.--Whoever kills, or attempts or conspires to kill, a \nfederally protected safety officer while that officer is engaged in \nofficial duties, or on account of the performance of official duties, \nor kills a former federally protected safety officer on account of the \npast performance of official duties as such, shall be punished--\n ``(1) in the case of murder, as provided under section 1111 \n but not less than 30 years;\n ``(2) in the case of attempted murder, as provided in \n section 1113 but not less than 15 years; or\n ``(3) in the case of manslaughter, as provided under \n section 1112.\n ``(c) Definitions.--As used in this section --\n ``(1) the term `federally protected safety officer' means a \n public safety officer for a public agency (including a court \n system, the National Guard or a State to the extent the \n personnel of that National Guard are not in Federal service, \n and the defense forces of a State authorized by section 109 of \n title 32) if --\n ``(A) if the public agency receives, in any one \n year period, funding, equipment, or benefits in excess \n of $10,000 under a Federal program involving a grant, \n contract, subsidy, loan, guarantee, insurance, or other \n form of Federal assistance, and the public agency is of \n an entity that is a State of the United States, the \n District of Columbia, the Virgin Islands of the United \n States, Guam, American Samoa, the Trust Territory of \n the Pacific Islands, the Commonwealth of the Northern \n Mariana Islands, or any territory or possession of the \n United States, and Indian tribe, or a unit of local \n government of that entity; or\n ``(B) the officer was at the time of the offense, \n engaged in carrying out a program authorized by Federal \n law or regulation that is executed in whole or in part \n by non-Federal public safety officers;\n ``(2) the term `public safety officer' means an individual \n serving a public agency in an official capacity, as a judicial \n officer, as a law enforcement officer, as a firefighter, as a \n chaplain, or as a member of a rescue squad or ambulance crew;\n ``(3) the term `judicial officer' means a judge or other \n officer or employee of a court, including prosecutors, court \n security, pretrial services officers, court reporters, and \n corrections, probation, and parole officers;\n ``(4) the term `firefighter' includes an individual serving \n as an official recognized or designated member of a legally \n organized volunteer fire department and an officially \n recognized or designated public employee member of a rescue \n squad or ambulance crew; and\n ``(5) the term `law enforcement officer' means an \n individual, with arrest powers, involved in crime and juvenile \n delinquency control or reduction, or enforcement of the \n laws.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 51 of title 18, United States Code, is amended by adding at the \nend the following new item:\n\n``1123. Killing of federally funded or Federal program public safety \n officers.''.\n\nSEC. 4. FLIGHT TO AVOID PROSECUTION FOR KILLING FEDERALLY FUNDED PUBLIC \n SAFETY OFFICERS.\n\n (a) Flight.--Chapter 49 of title 18, United States Code, is amended \nby adding at the end the following:\n``Sec. 1075. Flight to avoid prosecution for killing federally funded \n public safety officers\n ``Whoever moves or travels in interstate or foreign commerce with \nintent to avoid prosecution, or custody or confinement after \nconviction, under the laws of the place from which he flees or under \nsection 1114 or 1123, for a crime consisting of the killing, an \nattempted killing, or a conspiracy to kill, an individual involved in \ncrime and juvenile delinquency control or reduction, or enforcement of \nthe laws or for a crime punishable by section 1114 or 1123, shall be \nfined under this title and imprisoned, in addition to any other \nimprisonment for the underlying offense, for any term of years not less \nthan 10.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 49 of title 18, United States Code, is amended by adding at the \nend the following new item:\n\n``1075. Flight to avoid prosecution for killing peace officers.''.","summary":"Justice for Public Safety Officers Act - Amends the federal criminal code to prohibit and impose enhanced criminal penalties for: (1) killing a federally protected safety officer while such officer is engaged in official duties or on the account of the performance of such duties. And (2) interstate or foreign flight to avoid prosecution, custody, or confinement for killing a federally protected safety officer. Defines federally protected safety officer as a public safety officer for a public agency that receives annual federal assistance of more than $10,000. Includes within the definition of federally protected safety officer judicial officers, law enforcement officers, firefighters, chaplains, and members of a rescue squad or ambulance crew.","title":"To amend title 18, United States Code, to protect federally funded public safety officers.","text_len":6018,"sum_len":753} {"bill_id":"109_s676","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Graduation Really Achieves Dreams \nAct'' or the ``GRAD Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The national secondary school graduation rate is only \n 70 percent. For the class of 2001, the national graduation rate \n was only 51 percent for African-American students and 52 \n percent for Latino students.\n (2) In our Nation's high poverty urban districts, as few as \n \\1\/3\\ of students graduate from secondary school. In these \n places, completion rates among certain disadvantaged groups of \n students are often lower still.\n (3) In rural areas, where \\1\/3\\ of American students attend \n school, only 58.8 percent of students attend institutions of \n higher education, compared with 68.2 percent of American \n students from urban and suburban areas.\n (4) Each school day, approximately 3,000 secondary school \n students drop out of school.\n (5) Alaska Natives have a substantially higher dropout rate \n than all other students in Alaska as a group. The dropout rate \n is 8.8 percent for Alaska Natives compared to 4.7 percent for \n the 2001-2002 school year for other students in Alaska.\n (6) The 6,000,000 secondary students who make up the lowest \n 25 percent in terms of achievement scores are 3.5 times more \n likely to drop out of secondary school than students in the \n next highest quarter of academic achievement, and are 20 times \n more likely to drop out than high achieving students.\n (7) Approximately 25 percent of secondary school students \n are reading at below basic levels. The problem is even more \n severe for poor students of color. The average minority or low-\n income 9th grader performs at only the 5th or 6th grade level \n in reading.\n (8) During the 2002-2003 school year Alaska Benchmark \n Examinations, significantly lower percentages of Alaska Natives \n were proficient in reading, writing, and mathematics at each of \n the 3 tested grade levels when compared to all other students. \n These achievement gaps persist into secondary school, where \n significantly lower percentages of Alaska Natives were \n proficient in the subjects tested on the Alaska High School \n Graduation Qualifying Examination in all grade levels where \n that test was administered in 2002-2003 school year.\n (9) Achievement gaps persist across racial and \n socioeconomic lines in rural schools. There are 2,500,000 poor \n children in rural areas and the child poverty rate in some \n rural areas is 2 to 3 times the national average.\n (10) Recruiting and retaining good teachers is an enormous \n challenge in rural areas. The average salary in rural districts \n is 13.4 percent lower than in nonrural areas, and teachers \n often teach more than 1 subject, teach in poor working \n conditions, live far from colleges, have little access to \n training, and face geographic and social isolation.\n (11) Low graduation rates and college attendance rates are \n evidence that, in the earlier grades, schools are not meeting \n the fundamental achievement needs of low-income, minority, and \n rural students.\n (12) Even those students who do graduate from secondary \n schools and go on to college are struggling because they lack \n the basic skills to succeed. Approximately 40 percent of all 4-\n year college students take a remedial course and 63 percent of \n all community college students are assigned to at least 1 \n remedial course.\n (13) A small percentage of low-income students who manage \n to enter college are able to complete a degree. Of students \n from families in the bottom 20 percent in terms of income who \n enter college, only 27 percent go on to complete a 2- or 4-year \n college degree within 8 years.\n (14) Graduation rates impact early drop-out rates in the \n military. The attrition rates in the military of both \n individuals who are not secondary school graduates and GED \n recipients are 8 percentage points higher than the attrition \n rate of secondary school graduates. As a result, the Armed \n Forces no longer accept secondary school dropouts and put less \n value on alternative certificates.\n (15) Students who fail to graduate from secondary school \n are more likely to engage in criminal activity than students \n who graduate. A 1-percent increase in secondary school \n graduation rates would save approximately $1,400,000,000 in \n costs associated with incarceration, or about $2,100 for each \n male secondary school graduate.\n (16) In today's workplace, nearly 8 in 10 adults with \n baccalaureate degrees are employed, but for those who completed \n secondary school only, the number falls to about 6 in 10. And \n for students who dropped out of secondary school, the number \n drops further to 4 in 10.\n (17) Employment projections indicate that jobs requiring \n only a secondary school degree will grow by just 9 percent by \n the year 2008, while those jobs requiring a bachelor's degree \n will grow by 25 percent and those jobs requiring an associate's \n degree will grow by 31 percent.\n (18) Personalization of the school environment has been \n proven to increase success rates for low-performing secondary \n school students. Nearly 50 percent of middle school youth and \n 40 percent of secondary school youth report feelings of \n disengagement from school. Rates are even higher for teens and \n minorities in urban schools. These feelings result in failure \n to work hard, to seek assistance, or to take appropriate \n courses.\n (19) Effective research-based education programs that \n improve secondary school graduation rates are comprehensive in \n nature and include interventions that begin in kindergarten or \n earlier and span all the grades through grade 12.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) At-risk.--The term ``at-risk'' has the same meaning \n given such term in section 1432 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 6472).\n (2) Feeder pattern.--The term ``feeder pattern'' means a \n secondary school and the elementary schools and middle schools \n that channel students into that secondary school.\n (3) Elementary school; secondary school.--The terms \n ``elementary school'' and ``secondary school'' have the \n meanings given such terms in section 9101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7801).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 4. PROJECT GRAD.\n\n (a) Purposes.--The purposes of this Act are--\n (1) to provide support and assistance to programs \n implementing integrated education reform services in order to \n improve secondary school graduation, college attendance, and \n college completion rates for at-risk students; and\n (2) to promote the establishment of new programs to \n implement such integrated education reform services.\n (b) Grant Authorized.--The Secretary is authorized to award a grant \nto Project GRAD USA (referred to in this Act as the ``grantee''), a \nnonprofit educational organization that has as its primary purpose the \nimprovement of secondary school graduation, college attendance, and \ncollege completion rates for at-risk students, to implement and sustain \nthe integrated education reform services described in subsection (d)(3) \nat existing Project GRAD program sites and to promote the expansion of \nProject GRAD programs to new sites.\n (c) Requirements of Grant Agreement.--The Secretary shall enter \ninto an agreement with the grantee that requires that the grantee \nshall--\n (1) enter into subcontracts with nonprofit educational \n organizations that serve a substantial number or percentage of \n at-risk students (referred to in this Act as \n ``subcontractors''), under which the subcontractors agree to \n implement the programs described in subsection (d) and provide \n matching funds for such programs;\n (2) directly carry out--\n (A) activities to implement and sustain the \n reading, mathematics, classroom management, social \n service, and college access programs described in \n subsection (d)(3);\n (B) activities to build the organizational and \n management capacity of the subcontractors to \n effectively implement and sustain the programs;\n (C) activities for the purpose of improving and \n expanding the programs, including activities to further \n articulate a program for 1 or more grade levels and \n across grade levels, to tailor a program for a \n particular target audience, and to provide tighter \n integration across programs;\n (D) activities for the purpose of implementing new \n Project GRAD program sites;\n (E) activities for the purpose of promoting greater \n public awareness of integrated education reform \n services to improve secondary school graduation, \n college attendance, and college completion rates for \n at-risk students; and\n (F) other activities directly related to improving \n secondary school graduation, college attendance, and \n college completion rates for at-risk students; and\n (3) use grant funds available under this Act to pay--\n (A) to subcontractors the amount determined under \n subsection (f); and\n (B) the costs associated with carrying out the \n activities described in paragraph (2).\n (d) Supported Programs.--\n (1) Designation.--The subcontractor programs referred to in \n subsection (c)(1) shall be known as ``Project GRAD programs''.\n (2) Feeder patterns.--Each subcontractor shall implement a \n Project GRAD program and shall, with the agreement of the \n grantee--\n (A) identify or establish not less than 1 feeder \n pattern of public schools; and\n (B) provide the integrated educational reform \n services described in paragraph (3) at the identified \n feeder pattern or feeder patterns.\n (3) Integrated education reform services.--The services \n provided through a Project GRAD program shall include--\n (A) research-based programs in reading, \n mathematics, and classroom management;\n (B) campus-based social services programs, \n including a systematic approach to increase family and \n community involvement in the schools served by the \n Project GRAD program;\n (C) a college access program that includes--\n (i) providing college scholarships for \n students who meet established criteria;\n (ii) proven approaches for increasing \n student and family college awareness; and\n (iii) assistance for such students in \n applying for higher education financial aid; \n and\n (D) such other services identified by the grantee \n as necessary to increase secondary school graduation, \n college attendance, and college completion rates.\n (e) Grantee Use of Funds.--Of the funds made available under this \nAct, not more than 8 percent, or $4,000,000, whichever is less, shall \nbe used by the grantee to pay for administration of the grant, with the \nremainder of funds to be used for the purposes described in subsection \n(c) (1) and (2).\n (f) Grantee Contribution and Matching Requirement.--\n (1) In general.--The grantee shall provide to each \n subcontractor an average of $200 for each pupil served by the \n subcontractor in the Project GRAD program, adjusted to take \n into consideration--\n (A) the resources available in the area where the \n subcontractor will implement the Project GRAD program; \n and\n (B) the need for Project GRAD programs in such area \n to improve student outcomes, including reading and \n mathematics achievement and, where applicable, \n secondary school graduation, college attendance, and \n college completion rates.\n (2) Matching requirement.--Each subcontractor shall provide \n funds for the Project GRAD program in an amount that is equal \n to the amount received by the subcontractor from the grantee. \n Such matching funds may be provided in cash or in kind, fairly \n evaluated.\n (3) Waiver authority.--The grantee may waive, in whole or \n in part, the requirement of paragraph (2) for a subcontractor, \n if the subcontractor--\n (A) demonstrates that the subcontractor would not \n otherwise be able to participate in the program; and\n (B) enters into an agreement with the grantee with \n respect to the amount to which the waiver will apply.\n (4) Decrease in grantee share.--Based on the funds or \n resources available to a subcontractor, the grantee may elect \n to provide the subcontractor with an amount that is less than \n the amount determined under paragraph (1).\n (g) Evaluation.--\n (1) Evaluation by the secretary.--The Secretary shall \n select an independent entity to evaluate, every 3 years, the \n performance of students who participate in a Project GRAD \n program under this Act. The evaluation shall--\n (A) be conducted using the strongest possible \n research design for determining the effectiveness of \n the Project GRAD programs funded under this Act; and\n (B) compare reading and mathematics achievement \n and, where applicable, the secondary school graduation, \n college attendance, and college completion rates of \n students who participate in a Project GRAD program \n funded under this Act with those indicators for \n students of similar backgrounds who do not participate \n in such programs.\n (2) Evaluation by grantee and subcontractors.--\n (A) In general.--The grantee shall require each \n subcontractor to prepare an in-depth report of the \n results and the use of funds of each Project GRAD \n program funded under this Act that includes--\n (i) data on the reading and mathematics \n achievement of students involved in the Project \n GRAD program;\n (ii) statistics on secondary school \n graduation, college attendance, and college \n completion rates; and\n (iii) such financial reporting as required \n by the Secretary to review the effectiveness \n and efficiency of the program.\n (B) Form of report.--The report shall be in a form \n and include such content as shall be determined by the \n grantee, in consultation with the Secretary or the \n entity selected by the Secretary to evaluate the \n Project GRAD programs in accordance with paragraph (1).\n (3) Availability of evaluations.--Copies of any evaluation \n or report prepared under this subsection shall be made \n available to--\n (A) the Secretary;\n (B) the chairperson and ranking member of the \n Committee on Health, Education, Labor, and Pensions of \n the Senate; and\n (C) the chairperson and ranking member of the \n Committee on Education and the Workforce of the House \n of Representatives.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$27,000,000 for fiscal year 2006, and such sums as may be necessary for \neach of the 5 succeeding fiscal years.","summary":"Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management. (2) campus-based social services programs, including increasing family and community involvement in schools. (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid, and (4) other services the grantee identifies as necessary.","title":"A bill to provide for Project GRAD programs, and for other purposes.","text_len":17400,"sum_len":1310} {"bill_id":"107_s2136","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flight 93 National Memorial Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) on September 11, 2001, passengers and crewmembers of \n United Airlines Flight 93 courageously gave their lives to \n prevent a planned attack on the Capital of the United States;\n (2) thousands of people have visited the crash site since \n September 11, 2001, drawn by the heroic action and sacrifice of \n the passengers and crewmembers aboard Flight 93;\n (3) many people in the United States are concerned about \n the future disposition of the crash site, including--\n (A) grieving families of the passengers and \n crewmembers;\n (B) the people of the region where the crash site \n is located; and\n (C) citizens throughout the United States;\n (4) many of those people are involved in the formation of \n the Flight 93 Task Force, a broad, inclusive organization \n established to provide a voice for all parties interested in \n and concerned about the crash site;\n (5) the crash site commemorates Flight 93 and is a profound \n symbol of American patriotism and spontaneous leadership by \n citizens of the United States;\n (6) a memorial of the crash site should--\n (A) recognize the victims of the crash in an \n appropriate manner; and\n (B) address the interests and concerns of \n interested parties; and\n (7) it is appropriate that the crash site of Flight 93 be \n designated as a unit of the National Park System.\n (b) Purposes.--The purposes of this Act are--\n (1) to establish a memorial to honor the passengers and \n crewmembers aboard United Airlines Flight 93 on September 11, \n 2001;\n (2) to establish the Flight 93 Advisory Commission to \n assist in the formulation of plans for the memorial, including \n the nature, design, and construction of the memorial; and\n (3) to authorize the Secretary of the Interior to \n administer the memorial, coordinate and facilitate the \n activities of the Flight 93 Advisory Commission, and provide \n technical and financial assistance to the Flight 93 Task Force.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Flight \n 93 Advisory Commission established by section (4)(b).\n (2) Crash site.--The term ``crash site'' means the site in \n Stonycreek Township, Somerset County, Pennsylvania, where \n United Airlines Flight 93 crashed on September 11, 2001.\n (3) Memorial.--The term ``Memorial'' means the memorial to \n the passengers and crewmembers of United Airlines Flight 93 \n established by section 4(a).\n (4) Passenger or crewmember.--\n (A) In general.--The term ``passenger or \n crewmember'' means a passenger or crewmember aboard \n United Airlines Flight 93 on September 11, 2001.\n (B) Exclusions.--The term ``passenger or \n crewmember'' does not include a terrorist aboard United \n Airlines Flight 93 on September 11, 2001.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) Task Force.--The term ``Task Force'' means the Flight \n 93 Task Force.\n\nSEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.\n\n (a) Establishment.--There is established as a unit of the National \nPark System a memorial at the crash site to honor the passengers and \ncrewmembers of Flight 93.\n (b) Advisory Commission.--\n (1) Establishment.--There is established a commission to be \n known as the ``Flight 93 Advisory Commission''.\n (2) Membership.--The Commission shall be composed of--\n (A) the Director of the National Park Service; and\n (B) 14 members, appointed by the Secretary, from \n among persons recommended by the Task Force.\n (3) Term; vacancies.--\n (A) Term.--A member of the Commission shall be \n appointed for the life of the Commission.\n (B) Vacancies.--A vacancy on the Commission--\n (i) shall not affect the powers of the \n Commission; and\n (ii) shall be filled in the same manner as \n the original appointment was made.\n (4) Meetings.--\n (A) In general.--The Commission shall meet at the \n call of the Chairperson or a majority of the members.\n (B) Frequency.--The Commission shall meet not less \n than quarterly.\n (C) Notice.--Notice of meetings and the agenda for \n the meetings shall be published in--\n (i) newspapers in and around Somerset \n County, Pennsylvania; and\n (ii) the Federal Register.\n (D) Open meetings.--Meetings of the Commission \n shall be subject to section 552b of title 5, United \n States Code.\n (5) Quorum.--A majority of the members of the Commission \n shall constitute a quorum.\n (6) Chairperson.--The Commission shall select a Chairperson \n from among the members of the Commission.\n (7) Duties.--The Commission shall--\n (A) not later than 3 years after the date of \n enactment of this Act, submit to the Secretary and \n Congress a report that contains recommendations for the \n planning, design, construction, and long-term \n management of the memorial;\n (B) advise the Secretary on--\n (i) the boundaries of the memorial; and\n (ii) the development of a management plan \n for the memorial;\n (C) consult with the Task Force, the State of \n Pennsylvania, and other interested parties, as \n appropriate;\n (D) support the efforts of the Task Force; and\n (E) involve the public in the planning and design \n of the memorial.\n (8) Powers.--The Commission may--\n (A) make expenditures for services and materials \n appropriate to carry out the purposes of this section;\n (B) accept donations for use in carrying out this \n section and for other expenses associated with the \n memorial, including the construction of the memorial;\n (C) hold hearings and enter into contracts, \n including contracts for personal services;\n (D) by a vote of the majority of the Commission, \n delegate any duties that the Commission determines to \n be appropriate to employees of the National Park \n Service; and\n (E) conduct any other activities necessary to carry \n out this Act.\n (9) Compensation.--A member of the Commission shall serve \n without compensation, but may be reimbursed for expenses \n incurred in carrying out the duties of the Commission.\n (10) Termination.--The Commission shall terminate on the \n dedication of the memorial.\n (c) Duties of the Secretary.--The Secretary shall--\n (1) administer the memorial as a unit of the National Park \n Service in accordance with--\n (A) this Act; and\n (B) the laws generally applicable to units of the \n National Park System;\n (2) provide advice to the Commission on the collection, \n storage, and archiving of information and materials relating to \n the crash or the crash site;\n (3) consult with and assist the Commission in--\n (A) providing information to the public;\n (B) interpreting any information relating to the \n crash or the crash site;\n (C) conducting oral history interviews; and\n (D) conducting public meetings and forums;\n (4) participate in the development of plans for the design \n and construction of the memorial;\n (5) provide to the Commission--\n (A) assistance in designing and managing exhibits, \n collections, or activities at the memorial;\n (B) project management assistance for design and \n construction activities; and\n (C) staff and other forms of administrative \n support;\n (6) acquire from willing sellers the land or interests in \n land for the memorial by donation, purchase with donated or \n appropriated funds, or exchange; and\n (7) provide the Commission any other assistance that the \n Commission may require to carry out this Act.\n\n Passed the Senate September 10, 2002.\n\n Attest:\n\n Secretary.\n107th CONGRESS\n\n 2d Session\n\n S. 2136\n\n_______________________________________________________________________\n\n AN ACT\n\n To establish a memorial in the State of Pennsylvania to honor the \n passengers and crewmembers of Flight 93 who, on September 11, 2001, \n gave their lives to prevent a planned attack on the Capital of the \n United States.","summary":"Flight 93 National Memorial Act - Establishes at the site in Stonycreek Township, Somerset County, Pennsylvania, where Flight 93 crashed on September 11, 2001, and as a unit of the National Park System a memorial to honor the passengers and crewmembers who died. Establishes a Flight 93 Advisory Commission to recommend planning, design, construction, and long-term management of the memorial.","title":"A bill to establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capitol of the United States.","text_len":10078,"sum_len":393} {"bill_id":"109_s18","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Meeting Our \nResponsibility to Medicare Beneficiaries Act of 2005''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES\n\nSec. 101. Negotiating fair prices for medicare prescription drugs.\nSec. 102. Elimination of MA Regional Plan Stabilization Fund (Slush \n Fund).\nSec. 103. Application of risk adjustment reflecting characteristics for \n the entire medicare population in payments \n to Medicare Advantage organizations.\n TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES\n\nSec. 201. Eliminating coverage gap.\nSec. 202. Requiring two prescription drug plans to avoid Federal \n fallback.\nSec. 203. Waiver of part D late enrollment penalty for transition \n period.\nSec. 204. Improving the transition of full-benefit dual eligible \n individuals to coverage under the medicare \n drug benefit.\nSec. 205. Part B premium reduction.\nSec. 206. Study and report on providing incentives to preserve retiree \n coverage.\nSec. 207. Promoting transparency in employer subsidy payments.\n\n TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES\n\nSEC. 101. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.\n\n (a) In General.--Section 1860D-11 of the Social Security Act (42 \nU.S.C. 1395w-111) is amended by striking subsection (i) (relating to \nnoninterference) and by inserting the following new subsection:\n ``(i) Authority To Negotiate Prices With Manufacturers.--\n ``(1) In general.--The Secretary shall have authority \n similar to that of other Federal entities that purchase \n prescription drugs in bulk to negotiate contracts with \n manufacturers of covered part D drugs, consistent with the \n requirements and in furtherance of the goals of providing \n quality care and containing costs under this part.\n ``(2) Required use of authority.--\n ``(A) Fallback plans.--The Secretary shall exercise \n the authority described in paragraph (1) with respect \n to covered part D drugs offered under each fallback \n prescription drug plan under subsection (g).\n ``(B) PDPs and ma-pd plans.--In order to ensure \n that beneficiaries enrolled under prescription drug \n plans and MA-PD plans and taxpayers are getting fair \n and affordable prices for covered part D drugs that \n reflect the bulk purchasing power of such enrollees, \n the Secretary shall exercise the authority described in \n paragraph (1) with respect to such drugs offered under \n all such plans if the Secretary determines that the \n negotiated prices available under such plans for such \n drugs are not fair and affordable prices compared to \n the prices obtained by other Federal government \n programs for such drugs.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).\n\nSEC. 102. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND (SLUSH \n FUND).\n\n (a) In General.--Subsection (e) of section 1858 of the Social \nSecurity Act (42 U.S.C. 1395w-27a) is repealed.\n (b) Conforming Amendment.--Section 1858(f)(1) of the Social \nSecurity Act (42 U.S.C. 1395w-27a(f)(1)) is amended by striking \n``subject to subsection (e),''.\n (c) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of section 221(c) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2181).\n\nSEC. 103. APPLICATION OF RISK ADJUSTMENT REFLECTING CHARACTERISTICS FOR \n THE ENTIRE MEDICARE POPULATION IN PAYMENTS TO MEDICARE \n ADVANTAGE ORGANIZATIONS.\n\n Effective January 1, 2006, in applying risk adjustment factors to \npayments to organizations under section 1853 of the Social Security Act \n(42 U.S.C. 1395w-23), the Secretary of Health and Human Services shall \nensure that payments to such organizations are adjusted based on such \nfactors to ensure that the health status of the enrollee is reflected \nin such adjusted payments, including adjusting for the difference \nbetween the health status of the enrollee and individuals enrolled \nunder the original medicare fee-for-service program under parts A and B \nof title XVIII of such Act. Payments to such organizations must, in \naggregate, reflect such differences.\n\n TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES\n\nSEC. 201. ELIMINATING COVERAGE GAP.\n\n (a) In General.--Section 1860D-2(b)(4)(B) of the Social Security \nAct (42 U.S.C. 1395w-102(b)(4)(B)) is amended to read as follows:\n ``(B) Annual out-of-pocket threshold.--For purposes \n of this part, the `annual out-of-pocket threshold' \n specified in this subparagraph for a year is equal to \n the greater of--\n ``(i) $3,600; or\n ``(ii) the initial coverage limit for the \n year specified in paragraph (3).''.\n (b) Conforming Amendment.--Section 1860D-22(a)(3)(B)(ii) of the \nSocial Security Act (42 U.S.C. 1395w-132(b)(4)(B)(ii)) is amended by \nstriking ``and the annual out-of-pocket threshold, respectively, are \nannually adjusted under paragraphs (1) and (4)(B) of section 1860D-\n2(b)'' and inserting ``is annually adjusted under paragraph (1) of \nsection 1860D-2(b) (using the percentage increase specified in \nparagraph (6) of such section)''.\n (c) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).\n\nSEC. 202. REQUIRING TWO PRESCRIPTION DRUG PLANS TO AVOID FEDERAL \n FALLBACK.\n\n (a) In General.--Section 1860D-3(a) of the Social Security Act (42 \nU.S.C. 1395w-103(a)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``qualifying plans (as defined in \n paragraph (3))'' and inserting ``prescription drug \n plans''; and\n (B) by striking ``, at least one of which is a \n prescription drug plan'';\n (2) in paragraph (2), by striking ``qualifying plans'' and \n inserting ``prescription drug plans''; and\n (3) by striking paragraph (3).\n (b) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).\n\nSEC. 203. WAIVER OF PART D LATE ENROLLMENT PENALTY FOR TRANSITION \n PERIOD.\n\n (a) In General.--Section 1860D-13(b) of the Social Security Act (42 \nU.S.C. 1895w-113(b)) is amended by adding at the end the following new \nparagraph:\n ``(8) Waiver of penalty for months prior to 2008.--A part D \n eligible individual who enrolls for the first time in a \n prescription drug plan or an MA-PD plan under this part prior \n to January 1, 2008, shall not be subject an increase in the \n monthly beneficiary premium established under subsection (a) \n with respect to months occurring prior to such date.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(117 Stat. 2071).\n\nSEC. 204. IMPROVING THE TRANSITION OF FULL-BENEFIT DUAL ELIGIBLE \n INDIVIDUALS TO COVERAGE UNDER THE MEDICARE DRUG BENEFIT.\n\n (a) In General.--Notwithstanding subsection (d)(1) of section 1935 \nof the Social Security Act (42 U.S.C. 1396u-5), beginning on January 1, \n2006, the Secretary of Health and Human Services shall administer a 12-\nmonth period during which full-benefit dual eligible individuals (as \ndefined in section 1935(c)(6) of the Social Security Act) shall \ngradually transition from receiving medical assistance for prescribed \ndrugs under the medicaid program under title XIX of such Act to \nobtaining coverage of covered part D drugs (as defined in section \n1860D-2(e) (42 U.S.C. 1395w-102(e)) under title XVIII of such Act in \norder to assure that such individuals continue to receive the \noutpatient prescription drugs they need.\n (b) Adjustments to Phased-Down State Contribution.--The Secretary \nof Health and Human Services shall make appropriate adjustments to the \namount of payments required to be made by a State or the District of \nColumbia under section 1935(c) of the Social Security Act (42 U.S.C. \n1396u-5(c)) for months occurring during the period described in \nsubsection (a) in order to account for increased costs for the \nprovision of medical assistance incurred by the State or the District \nof Columbia by reason of the application of the transition period \nrequired under this section.\n\nSEC. 205. PART B PREMIUM REDUCTION.\n\n Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is \namended--\n (1) in paragraph (3), in the first sentence, by striking \n ``The Secretary'' and inserting ``Subject to paragraph (5), the \n Secretary''; and\n (2) by adding at the end the following new paragraph:\n ``(5) For each year (beginning with 2006), the Secretary shall \nreduce the monthly premium rate determined under paragraph (3) for each \nmonth in the year for each individual enrolled under this part \n(including such an individual subject to an increased premium under \nsubsection (b) or (i)) so that the aggregate amount of such reductions \nin the year is equal to the aggregate amount of reduced expenditures \nfrom the Federal Supplementary Medicare Insurance Trust Fund in the \nyear that the Secretary estimates will result from the provisions of \nsection 103 of the Meeting Our Responsibility to Medicare Beneficiaries \nAct of 2005.''.\n\nSEC. 206. STUDY AND REPORT ON PROVIDING INCENTIVES TO PRESERVE RETIREE \n COVERAGE.\n\n (a) Study.--The Secretary of Health and Human Services shall \nconduct a study to determine what additional incentives should be \nprovided to employers in order for such employers to continue to \nprovide retirees with prescription drug coverage. Such study shall \ninclude an assessment of permitting costs incurred by an employer for \ncovered part D drugs on behalf of a retiree to be treated as incurred \ncosts for purposes of reaching the annual out-of-pocket threshold under \nsection 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-\n102(b)(4)).\n (b) Report.--Not later than January 1, 2006, the Secretary of \nHealth and Human Services shall submit to Congress a report on the \nstudy under subsection (a) together with such recommendations for \nlegislation as the Secretary deems appropriate.\n\nSEC. 207. PROMOTING TRANSPARENCY IN EMPLOYER SUBSIDY PAYMENTS.\n\n (a) In General.--Section 1860D-22(a) of the Social Security Act (42 \nU.S.C. 1895w-132(a)) is amended by adding at the end the following new \nparagraph:\n ``(7) Disclosure of certain information.--The Secretary \n shall make the following information regarding the sponsor of a \n qualified prescription drug plan receiving a subsidy under this \n section available to the public through the Internet website of \n the Centers for Medicare & Medicaid Services and other \n appropriate means:\n ``(A) The information used by the Secretary to \n ensure that the prescription drug coverage offered \n under the plan meets the requirements for subsidy \n payments under this section.\n ``(B) The total amount of the subsidy payments made \n to the sponsor under this section.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).","summary":"Meeting Our Responsibility to Medicare Beneficiaries Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) negotiating fair prices for Medicare prescription drugs, (2) elimination of the MA Regional Plan Stabilization Fund. (3) application of risk adjustment reflecting characteristics for the entire Medicare population in payments to Medicare advantage organizations. (4) modification of the annual out-of-pocket threshold with respect to prescription drug benefits, (5) requiring two prescription drug plans to avoid Federal fallback, (6) waiver of the part D. (7) transition of full-benefit dual eligible individuals to coverage under the Medicare drug benefit. And (8) Medicare part B premium reduction. Directs the Secretary to study and report to Congress on providing incentives to preserve retiree coverage. Amends SSA title XVIII to direct the Secretary to make certain information regarding the sponsor of a qualified prescription drug plan receiving a subsidy under the prescription drug program available to the public through the Internet website of the Centers for Medicare Medicaid Services.","title":"A bill to amend title XVIII of the Social Security Act to make improvements to the medicare program for beneficiaries.","text_len":12805,"sum_len":1151} {"bill_id":"106_hr2643","text":"SECTION 1. OWNERSHIP.\n\n (a) Repeal of Ownership Based on Aboriginal Lands.--Paragraph (2) \nof section 3(a) of the Native American Graves Protection and \nRepatriation Act (25 U.S.C. 3002(a)(2)) is amended--\n (1) by inserting ``or'' at the end of subparagraph (A);\n (2) by striking ``; or'' at the end of subparagraph (B) and \n inserting a period; and\n (3) by striking subparagraph (C).\n (b) Inadvertent Discovery.--Subsection (d) of section 3 of the \nNative American Graves Protection and Repatriation Act (25 U.S.C. 3002) \nis amended--\n (1) in paragraph (1), by inserting ``those'' before \n ``Federal lands''; and\n (2) in paragraph (2), by adding at the end the following \n new sentence: ``Any person or entity that disposes of or \n controls a cultural item referred to in the preceding sentence \n shall comply with the applicable requirements of subsection \n (c).''.\n (c) Recording and Status of Items Excavated or Discovered After \nNovember 16, 1990.--Section 3 of the Native American Graves Protection \nand Repatriation Act (25 U.S.C. 3002) is amended by adding at the end \nthe following new subsection:\n ``(f) Recording and Status of Items Excavated or Discovered After \nNovember 16, 1990.--Cultural items excavated or discovered on Federal \nlands after November 16, 1990, except those items whose ownership or \ncontrol is established under paragraph (1) or paragraph (2)(A) of \nsubsection (a)--\n ``(1) shall be reasonably recorded according to generally \n accepted scientific standards;\n ``(2) shall remain under the control of the agency having \n primary management authority for the land on which the cultural \n item was excavated or discovered until 90 days after the \n publication in the Federal Register of a notice setting out a \n general description of the item, its estimated age, and the \n general area of discovery; and\n ``(3) are subject to the study provisions of subsection \n 7(b).''.\n\nSEC. 2. LIMITED AUTHORIZATION FOR STUDY.\n\n The last sentence of section 5(b)(2) of the Native American Graves \nProtection and Repatriation Act (25 U.S.C. 3003(b)(2)) is amended by \ninserting ``, except as expressly set forth in sections 3(f) and \n7(b),'' after ``mean, and''.\n\nSEC. 3. STUDY AND RECORDING.\n\n Subsection (b) of section 7 of the Native American Graves \nProtection and Repatriation Act (25 U.S.C. 3005) is amended to read as \nfollows:\n ``(b) Study and Recording.--(1) In cases of human remains and \nassociated funerary objects for which no lineal descendants have been \nidentified and in cases of all other cultural items:\n ``(A) If the cultural affiliation of a cultural item has \n not been established, studies may be conducted in an attempt to \n establish such an affiliation or to obtain scientific, \n historical, or cultural information. If the cultural \n affiliation of a cultural item is determined pursuant to this \n subparagraph, the Federal agency or museum having custody of \n the cultural item shall, not later than 90 days after such \n determination, notify any culturally affiliated Indian tribe or \n Native Hawaiian organization of their affiliation. Such notice \n shall be given in the manner specified in paragraphs (2) and \n (3) of section 5(d).\n ``(B) If the cultural affiliation of a cultural item has \n been established with an Indian tribe or Native Hawaiian \n organization, studies of such item may be conducted if needed \n for the completion of a specific scientific study, the outcome \n of which is reasonably expected to provide significant new \n information concerning the history or prehistory of the United \n States. If the culturally affiliated tribe or organization \n requests the return of the cultural item, the Federal agency or \n museum shall return such item to the Indian tribe or Native \n Hawaiian organization not later than 90 days after the date on \n which the scientific study is completed. Study of a cultural \n item under this subparagraph shall not be permitted to delay \n return of the item for more than 180 days after the item is \n made available for study, unless a longer period of study is \n agreed upon by the culturally affiliated tribe or organization \n that has requested return of the cultural item.\n ``(2) Not later than 180 days after a study conducted under this \nsubsection is completed, the Federal agency or museum with custody of \nthe cultural item shall provide a report of the results of the study to \nany Indian tribe or Native Hawaiian organization that has an \nestablished cultural affiliation with the cultural item studied.\n ``(3) If study of a cultural item pursuant to subparagraph (A) or \n(B) of paragraph (1) is requested, the Federal agency or museum with \ncustody of such item shall make such item reasonably available for such \nstudy unless, not later than 90 days after the request for the study is \nmade, the Secretary determines that the Federal agency or museum has \nreasonably established that the potential scientific benefit of the \nrequested study is outweighed under the circumstances by curatorial, \ncultural, or other reasonable considerations.\n ``(4) Nothing in this subsection shall be construed to require any \nmuseum to undertake or permit any study of a cultural item that is \ncontrary to policies of the museum or to its prior agreements.''.","summary":"Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable. Directs that such items excavated or discovered on Federal lands: (1) be reasonably recorded according to generally accepted scientific standards. (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery. And (3) be subject to the following study provisions. Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information. And (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed. And (2) provide a report of the results to such tribe or organization within 180 days after the study is completed. Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless, within 90 days after the request for the study is made, the Secretary determines that the agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed by curatorial, cultural, or other reasonable considerations.","title":"To amend the Native American Graves Protection and Repatriation Act to provide for appropriate study and repatriation of remains for which a cultural affiliation is not readily ascertainable.","text_len":5658,"sum_len":2327} {"bill_id":"108_hr4604","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Railroads against Enemy \nEfforts through Modernization, Planning, and Technology Act''.\n\nSEC. 2. RAILROAD TRANSPORTATION SECURITY PLAN.\n\n (a) Requirement.--\n (1) In general.--The Secretary of Transportation, in \n consultation with the Under Secretary of Homeland Security for \n Border and Transportation Security and in accordance with the \n Memorandum of Understanding executed under section 3, shall \n develop a plan for the security of the Nation's railroads. The \n plan shall include--\n (A) identification and evaluation of critical \n railroad assets and infrastructures;\n (B) identification of threats to those assets and \n infrastructures;\n (C) identification of vulnerabilities that are \n specific to the transportation of hazardous materials \n via railroad;\n (D) identification of redundant and backup systems \n required to ensure the continued operation of critical \n elements of the railroad system in the event of an \n attack or other incident, including disruption of \n commercial electric power or communications networks;\n (E) identification of security weaknesses in \n passenger and cargo security, transportation \n infrastructure, protection systems, procedural \n policies, communications systems, employee training, \n emergency response planning, and any other area \n identified by the plan;\n (F) a plan for the Federal Government to provide \n increased security support at high or severe threat \n levels of alert, developed in consultation with the \n freight and intercity passenger railroads and State and \n local governments;\n (G) procedures for establishing and maintaining \n permanent and comprehensive consultative relations \n among the parties described in subsection (b); and\n (H) a contingency plan, developed in conjunction \n with freight and intercity and commuter passenger \n railroads, to ensure the continued movement of freight \n and passengers in the event of an attack affecting the \n railroad system, which shall contemplate--\n (i) the possibility of rerouting traffic \n due to the loss of critical infrastructure, \n such as a bridge, tunnel, yard, or station; and\n (ii) methods of continuing railroad service \n in the Northeast Corridor in the event of a \n commercial power loss, or catastrophe affecting \n a critical bridge, tunnel, yard, or station.\n (2) Existing private and public sector efforts.--The plan \n shall take into account actions taken or planned by both public \n and private entities to address identified security issues and \n assess the effective integration of such actions.\n (3) Recommendations.--The Secretary of Transportation shall \n develop prioritized recommendations for improving railroad \n security, including recommendations for--\n (A) improving the security of rail tunnels, rail \n bridges, rail switching and car storage areas, other \n rail infrastructure and facilities, information \n systems, and other areas identified by the Secretary as \n posing significant railroad-related risks to public \n safety and the movement of interstate commerce, taking \n into account the impact that any proposed security \n measure might have on the provision of railroad \n service;\n (B) deploying equipment to detect explosives and \n hazardous chemical, biological, and radioactive \n substances, and any appropriate countermeasures;\n (C) installing redundant and backup systems to \n ensure the continued operation of critical elements of \n the railroad system in the event of an attack or other \n incident, including disruption of commercial electric \n power or communications networks;\n (D) conducting public outreach campaigns on \n passenger railroads;\n (E) deploying surveillance equipment; and\n (F) identifying the immediate and long-term costs \n of measures that may be required to address those \n risks.\n (b) Consultation.--In developing the plan under subsection (a), the \nSecretary of Transportation shall consult with rail management, rail \nlabor, owners or lessors of rail cars used to transport hazardous \nmaterials, first responders, shippers of hazardous materials, State \nDepartments of Transportation, public safety officials (including those \nwithin agencies and offices of the Department of Homeland Security), \nand other relevant parties.\n (c) Report.--\n (1) Contents.--Not later than 180 days after the date of \n enactment of this Act, the Secretary of Transportation shall \n transmit to the Committee on Commerce, Science, and \n Transportation of the Senate and the Committee on \n Transportation and Infrastructure of the House of \n Representatives a report containing the plan and prioritized \n recommendations required by subsection (a), along with an \n estimate of the cost to implement such recommendations.\n (2) Format.--The Secretary may submit the report in both \n classified and redacted formats if the Secretary determines \n that such action is appropriate or necessary.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation $10,000,000 for fiscal \nyear 2005 for the purpose of carrying out this section.\n\nSEC. 3. MEMORANDUM OF UNDERSTANDING.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Transportation and the Secretary of Homeland Security \nshall execute a memorandum of understanding governing the roles and \nresponsibilities of the Department of Transportation and the Department \nof Homeland Security, respectively, in addressing railroad \ntransportation security matters, including the processes the \ndepartments will follow to promote communications, efficiency, and \nnonduplication of effort.\n\nSEC. 4. RAILROAD SECURITY UPGRADES.\n\n (a) Security Improvement Grants.--The Secretary of Transportation \nis authorized to make grants to railroads, hazardous materials \nshippers, owners of rail cars used in the transportation of hazardous \nmaterials, universities, colleges, and research centers, and State and \nlocal governments (for railroad facilities and infrastructure) for full \nor partial reimbursement of costs incurred to prevent or respond to \nacts of terrorism, sabotage, or other railroad security threats, \nincluding providing for--\n (1) automated security inspection;\n (2) continued development and pilot deployment of \n communications-based train control systems;\n (3) emergency bridge repair and replacement technology and \n testing;\n (4) track, structure, and right-of-way integrity \n monitoring;\n (5) technologies for reduction of tank car vulnerability;\n (6) demonstration of bridge and tunnel inspection \n technologies;\n (7) establishment of a unified national railroad emergency \n operations center;\n (8) signal system security at turnouts;\n (9) security and redundancy for critical communications, \n electric power (including traction power), computer, and train \n control systems essential for secure railroad operations or to \n continue railroad operations after an attack impacting railroad \n operations;\n (10) the security of hazardous material transportation by \n railroad;\n (11) secure passenger railroad stations, trains, and \n infrastructure;\n (12) public security awareness campaigns for passenger \n train operations;\n (13) the sharing of intelligence and information about \n railroad security threats;\n (14) train tracking and interoperable communications \n systems that are coordinated to the maximum extent possible;\n (15) additional police and security officers, including \n canine units; and\n (16) other improvements recommended by the report required \n by section 2, including infrastructure, facilities, and \n equipment upgrades.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation--\n (1) $5,000,000 for each of fiscal years 2005 and 2006 for \n automated security inspection;\n (2) $20,000,000 for continued development and deployment of \n communications-based train control systems;\n (3) $5,000,000 for each of fiscal years 2005 through 2008 \n for emergency bridge repair and replacement technology and \n testing;\n (4) $3,000,000 for fiscal year 2005 for track, structure, \n and right-of-way integrity monitoring;\n (5) $3,000,000 for fiscal year 2005 for technologies for \n reduction of tank car vulnerability;\n (6) $20,000,000 for demonstration of bridge and tunnel \n inspection technologies;\n (7) $10,000,000 for establishment of a unified national \n railroad emergency operations center;\n (8) $1,500,000 for each of fiscal years 2005 and 2006 for \n signal system security at turnouts; and\n (9) $350,000,000 for fiscal year 2005 to carry out \n paragraphs (9) through (16) of subsection (a).\nAmounts appropriated pursuant to this subsection shall remain available \nuntil expended.\n\nSEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS.\n\n (a) Life-Safety Needs.--The Secretary of Transportation is \nauthorized to procure fire and life-safety improvements to the tunnels \non the Northeast Corridor in New York, New York, Baltimore, Maryland, \nand Washington, D.C.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation for the purposes of \ncarrying out subsection (a) the following amounts:\n (1) For the 6 New York tunnels, to provide ventilation, \n electrical, and fire safety technology upgrades, emergency \n communication and lighting systems, and emergency access and \n egress for passengers--\n (A) $100,000,000 for fiscal year 2005;\n (B) $100,000,000 for fiscal year 2006;\n (C) $100,000,000 for fiscal year 2007;\n (D) $100,000,000 for fiscal year 2008; and\n (E) $170,000,000 for fiscal year 2009.\n (2) For the Baltimore & Potomac tunnel and the Union \n tunnel, together, to provide adequate drainage, ventilation, \n communication, lighting, and passenger egress upgrades--\n (A) $10,000,000 for fiscal year 2005;\n (B) $10,000,000 for fiscal year 2006;\n (C) $10,000,000 for fiscal year 2007;\n (D) $10,000,000 for fiscal year 2008; and\n (E) $17,000,000 for fiscal year 2009.\n (3) For the Washington, D.C., Union Station tunnels, to \n improve ventilation, communication, lighting, and passenger \n egress upgrades--\n (A) $8,000,000 for fiscal year 2005;\n (B) $8,000,000 for fiscal year 2006;\n (C) $8,000,000 for fiscal year 2007;\n (D) $8,000,000 for fiscal year 2008; and\n (E) $8,000,000 for fiscal year 2009.\n (c) Availability of Appropriated Funds.--Amounts appropriated \npursuant to this section shall remain available until expended.\n\nSEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS.\n\n (a) Rail Police Officers.--Section 28101 of title 49, United States \nCode, is amended by striking ``the rail carrier'' each place it appears \nand inserting ``any rail carrier''.\n (b) Review of Rail Regulations.--Not later than 1 year after the \ndate of enactment of this Act, the Secretary of Transportation, in \nconsultation with the Under Secretary of Homeland Security for Border \nand Transportation Security, shall review existing rail regulations of \nthe Department of Transportation for the purpose of identifying areas \nin which those regulations need to be revised to improve railroad \nsecurity.\n (c) Railroad Security.--Section 20101 of title 49, United States \nCode, is amended by striking ``safety'' and inserting ``safety, \nincluding security,''.\n (d) Rail Safety Regulations.--Section 20103(a) of title 49, United \nStates Code, is amended by striking ``safety'' the first place it \nappears, and inserting ``safety, including security,''.\n (e) Certain Personnel Limitations not to Apply.--Any statutory \nlimitation on the number of employees in the Transportation Security \nAdministration of the Department of Transportation, before or after its \ntransfer to the Department of Homeland Security, does not apply to the \nextent that any such employees are responsible for implementing the \nprovisions of this Act.\n\nSEC. 7. DEFINITION.\n\n For purposes of this Act, the term ``railroad'' has the meaning \ngiven that term in section 20102 of title 49, United States Code.","summary":"Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act - Directs the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, to develop a national railroad transportation security plan that identifies threats and vulnerabilities to the Nation's railroads and provides a plan for increased security. Directs the Secretary to develop prioritized recommendations for improving railroad security, including: (1) the security of rail tunnels and bridges and other rail infrastructure and facilities. (2) deployment of equipment to detect explosives and hazardous chemical, biological, and radioactive substances. (3) installation of redundant and backup systems to ensure continued operation in the event of a terrorist attack. And (4) deployment of surveillance equipment. Authorizes the Secretary to make grants to railroads, hazardous materials shippers, owners of rail cars used in transportation of hazardous materials, universities, colleges, and research centers, and State and local governments for reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Authorizes the Secretary to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D. C. Directs the Secretary to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve railroad security.","title":"To improve railroad security and to authorize railroad security funding, and for other purposes.","text_len":14083,"sum_len":1602} {"bill_id":"115_hr2549","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``GI Bill Processing Improvement \nAct''.\n\nSEC. 2. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO \n EDUCATIONAL ASSISTANCE.\n\n (a) In General.--Subchapter II of chapter 36 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3699. Provision of certain information to educational \n institutions\n ``For each veteran or other individual pursuing a course of \neducation that has been approved under this chapter using educational \nassistance to which the veteran or other individual is entitled under \nchapter 30, 32, 33, or 35 of this title, the Secretary shall make \navailable to the educational institution offering the course \ninformation about the amount of such educational assistance to which \nthe veteran or other individual is entitled. Such information shall be \nprovided to such educational institution through a secure information \ntechnology system accessible by the educational institution and shall \nbe regularly updated to reflect any amounts used by the veteran or \nother individual.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n3698 the following new item:\n\n``3699. Provision of certain information to educational \n institutions.''.\n\nSEC. 3. EXTENSION OF AUTHORITY FOR ADVISORY COMMITTEE ON EDUCATION.\n\n Section 3692 of such title is amended by striking ``December 31, \n2017'' and inserting ``December 31, 2022''.\n\nSEC. 4. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL \n INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING \n COMMITTEES.\n\n Section 3684(c) of title 38, United States Code, is amended to read \nas follows:\n ``(c)(1) The Secretary may pay to any educational institution, or \nto the sponsor of a program of apprenticeship, furnishing education or \ntraining under either this chapter or chapter 31, 34, or 35 of this \ntitle, a reporting fee which will be in lieu of any other compensation \nor reimbursement for reports or certifications which such educational \ninstitution or joint apprenticeship training committee is required to \nsubmit to the Secretary by law or regulation.\n ``(2) Such reporting fee shall be computed for each calendar year \nby multiplying $16 by the number of eligible veterans or eligible \npersons enrolled under this chapter or chapter 31, 34, or 35 of this \ntitle, or $15 in the case of those eligible veterans and eligible \npersons whose educational assistance checks are directed in care of \neach institution for temporary custody and delivery and are delivered \nat the time of registration as provided under section 3680(d)(4) of \nthis title, during the calendar year. The reporting fee shall be paid \nto such educational institution or joint apprenticeship training \ncommittee as soon as feasible after the end of the calendar year for \nwhich it is applicable.\n ``(3) No reporting fee payable to an educational institution under \nthis subsection shall be subject to offset by the Secretary against any \nliability of such institution for any overpayment for which such \ninstitution may be administratively determined to be liable under \nsection 3685 of this title unless such liability is not contested by \nsuch institution or has been upheld by a final decree of a court of \nappropriate jurisdiction.\n ``(4) Any reporting fee paid to an educational institution or joint \napprenticeship training committee after the date of the enactment of \nthe Post-9\/11 Veterans Educational Assistance Improvements Act of 2011 \n(Public Law 111-377)--\n ``(A) shall be utilized by such institution or committee \n solely for the making of certifications required under this \n chapter or chapter 31, 34, or 35 of this title or for otherwise \n supporting programs for veterans; and\n ``(B) with respect to an institution that has 75 or more \n enrollees described in paragraph (2), may not be used for or \n merged with amounts available for the general fund of the \n educational institution or joint apprenticeship training \n committee.\n ``(5) The reporting fee payable under this subsection shall be paid \nfrom amounts appropriated for readjustment benefits.''.\n\nSEC. 5. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.\n\n (a) Training Requirement.--The Secretary of Veterans Affairs shall, \nin consultation with the State approving agencies, set forth \nrequirements relating to training for school certifying officials \nemployed by covered educational institutions offering courses of \neducation approved under chapter 36 of title 38, United States Code. If \na covered educational institution does not ensure that a school \ncertifying official employed by the educational institution meets such \nrequirements, the Secretary may disapprove any course of education \noffered by such educational institution.\n (b) Definitions.--In this section:\n (1) The term ``covered educational institution'' means an \n educational institution that has enrolled 20 or more \n individuals using educational assistance under title 38, United \n States Code.\n (2) The term ``school certifying official'' means an \n employee of an educational institution with primary \n responsibility for certifying veteran enrollment at the \n educational institution.\n (3) The term ``State approving agency'' means a department \n or agency of a State designated under section 3671 of title 38, \n United States Code.\n\nSEC. 6. STATE APPROVING AGENCY FUNDING.\n\n (a) Increase.--Section 3674(a) of title 38, United States Code, is \namended--\n (1) in paragraph (2)(A), by striking ``out of amounts \n available for the payment of readjustment benefits'' and \n inserting ``out of amounts in the Department of Veterans \n Affairs readjustment benefits account and amounts appropriated \n to the Secretary'';\n (2) by redesignating paragraph (4) as paragraph (5);\n (3) by inserting after paragraph (3) the following new \n paragraph (4):\n ``(4) There is authorized to be appropriated to carry out this \nsection $3,000,000 for each fiscal year.''; and\n (4) in paragraph (5), as so redesignated--\n (A) by striking ``The total'' and inserting ``(A) \n The total'';\n (B) by striking ``$19,000,000'' and inserting \n ``$21,000,000''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(B) Whenever there is an increase in benefit amounts payable \nunder title II of the Social Security Act (42 U.S.C. 401 et seq.) as a \nresult of a determination made under section 215(i) of such Act (42 \nU.S.C. 415(i)), the Secretary shall, effective on the date of such \nincrease in benefit amounts, increase the amount in effect under \nsubparagraph (A), as in effect immediately prior to the date of such \nincrease in benefit amounts payable under title II of the Social \nSecurity Act, by the same percentage as the percentage by which such \nbenefit amounts are increased.''.","summary":"GI Bill Processing Improvement Act This bill directs the Department of Veterans Affairs (VA) to make available to an educational institution through a secure information technology system the amount of specified veterans educational assistance available to a veteran or an individual pursuing a VA approved-course at such institution. The bill extends the authority for the Veteran's Advisory Committee on Education until December 31, 2022. A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee after the date of enactment of the Post-911 Veterans Educational Assistance Improvements Act of 2011 with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. The VA shall prescribe training requirements for a school certifying official employed by a covered educational institution offering approved veterans education courses. A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance. The bill increases VA funding for state approving agencies and requires the VA to provide such agencies with a cost of living adjustment that equals the same percentage increase as benefits provided under title II (OASDI) of the Social Security Act.","title":"GI Bill Processing Improvement Act","text_len":7330,"sum_len":1407} {"bill_id":"115_hr2313","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Relief and Job \nCreation Act''.\n\nSEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES.\n\n (a) In General.--Section 51 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new subsection:\n ``(l) Small Business Credit for Hiring Certain Unemployed \nIndividuals During 2018 and 2019.--\n ``(1) In general.--In the case of an eligible unemployed \n individual who begins work for an eligible small business \n during 2018 or 2019, the taxpayer may elect to treat such \n individual as a member of a targeted group for purposes of this \n subpart, subject to the modifications in paragraph (5) and in \n lieu of treating such individual as a member of any other \n targeted group.\n ``(2) Eligible small business.--For purposes of this \n subsection, the term `eligible small business' means any person \n if--\n ``(A) either--\n ``(i) the gross receipts of such person for \n the preceding taxable year did not exceed \n $20,000,000, or\n ``(ii) in the case of a person to which \n subparagraph (A) does not apply, such person \n employed not more than 100 full-time employees \n during the preceding taxable year, and\n ``(B) such person elects the application of this \n subsection for the taxable year.\n For purposes of subparagraph (A)(ii), an employee shall be \n considered full-time if such employee is employed at least 30 \n hours per week for 35 or more calendar weeks in the taxable \n year.\n ``(3) Eligible unemployed individual.--For purposes of this \n section, the term `eligible unemployed individual' means any \n individual--\n ``(A) who is certified by the designated local \n agency as being eligible to receive unemployment \n compensation under State or Federal law during the 1-\n year period ending on the hiring date, or\n ``(B) whose employment with the employer was \n terminated before January 1, 2018.\n ``(4) Employee must be full-time.--No wages shall be taken \n into account with respect to any individual for any taxable \n year unless such individual is employed by the employer an \n average of at least 30 hours per week in the taxable year (in \n the case of the taxable year during which the individual begins \n work, beginning with the day the individual begins work).\n ``(5) Modifications.--For purposes of this subsection, the \n modifications described in this paragraph are as follows:\n ``(A) Percentage of wages.--Subsection (a) shall be \n applied--\n ``(i) in the case of wages paid or incurred \n by the employer during 2018, by substituting \n `7.5 percent' for `40 percent', and\n ``(ii) in the case of wages paid or \n incurred by the employer during 2019, by \n substituting `5 percent' for `40 percent'.\n ``(B) Qualified wages during 2018 and 2019 taken \n into account.--Subsection (b)(2) shall be applied by \n substituting `during 2018 and 2019' for `during the 1-\n year period beginning with the day the individual \n begins work for the employer'.\n ``(C) $75,000 wage limitation.--Subsection (b)(3) \n shall be applied by substituting `$75,000' for \n `$6,000'.\n ``(D) Double credit in counties with high \n unemployment.--\n ``(i) In general.--In the case of an \n employer located in a county which is a high \n unemployment county for the month during which \n the employee begins work for the employer, \n clauses (i) and (ii) of subparagraph (A) shall \n be applied by substituting `15 percent' and `10 \n percent' for `7.5 percent' and `5 percent', \n respectively.\n ``(ii) High unemployment county.--For \n purposes of this subparagraph, the term `high \n unemployment county' means, with respect to any \n month, a county for which the rate of \n unemployment exceeds the national rate of \n unemployment (as determined by the Bureau of \n Labor Statistics of the Department of Labor).\n ``(E) Credit to apply for all 2018 and 2019.--This \n subsection shall be applied without regard to \n subsection (c)(4).\n ``(F) Certain rehires eligible.--Subsection (i)(2) \n shall not apply to an individual whose employment with \n the employer was terminated before January 1, 2018.''.\n (b) Effective Date.--The amendments made by this section shall \napply to employees hired after December 31, 2017.","summary":"Small Business Relief and Job Creation Act This bill amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 100 full-time employees during the preceding taxable year a work opportunity tax credit for hiring unemployed individuals as full-time employees during 2018 or 2019. The bill doubles the rate of such credit for employers located in counties with unemployment rates that exceed the national rate of unemployment.","title":"Small Business Relief and Job Creation Act","text_len":5517,"sum_len":541} {"bill_id":"111_s652","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Coalitions for Access and \nQuality Improvement Act of 2009''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to provide assistance to community \nhealth coalitions as described in section 3(b) with a clearly defined \nlocal need to increase access to and improve the quality of health care \nservices through activities which--\n (1) develop or strengthen coordination of services to allow \n all individuals, including the uninsured and low-income, to \n receive efficient and higher quality care and to gain entry \n into and receive services from a comprehensive system of \n medical, dental, pharmaceutical, and behavioral health care;\n (2) develop efficient and sustainable infrastructure for a \n health care delivery system characterized by effective \n collaboration, information sharing, and clinical and financial \n coordination among all types of providers of care in the \n community; and\n (3) develop or strengthen activities related to providing \n coordinated care for individuals with chronic conditions.\n\nSEC. 3. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND \n COORDINATION OF SERVICES.\n\n (a) In General.--The Secretary of Health and Human Services (in \nthis Act referred to as the ``Secretary'') shall award grants to assist \nin the development of integrated health care delivery systems to serve \ndefined communities of individuals--\n (1) to improve the efficiency of and coordination among the \n providers providing services through such systems;\n (2) to assist local communities in developing programs \n targeted toward preventing and managing chronic diseases; and\n (3) to expand and enhance the services provided through \n such systems.\n (b) Eligible Entities.--To be eligible to receive a grant under \nthis section, an entity shall be an entity that--\n (1) represents a balanced consortium--\n (A) whose principal purpose is to ensure the \n sustainable capacity for the provision of a broad range \n of coordinated services for all residents within a \n community defined in the entity's grant application as \n described in paragraph (2); and\n (B) that includes at least one of each of the \n following providers that serve the community (unless \n such provider does not exist within the community, \n declines or refuses to participate, or places \n unreasonable conditions on their participation)--\n (i) a federally qualified health center (as \n defined in section 1861(aa) of the Social \n Security Act (42 U.S.C. 1395x(aa)));\n (ii) rural health clinics and rural health \n networks (as defined in sections 1861(aa) and \n 1820(d) of the Social Security Act, \n respectively (42 U.S.C. 1395x(aa), 1395i-\n 4(d)));\n (iii) a hospital with a low-income \n utilization rate that is greater than 25 \n percent (as defined in section 1923(b)(3) of \n the Social Security Act (42 U.S.C. 1396r-\n 4(b)(3))) or a critical access hospital (as \n defined in section 1820(c)(2) of the Social \n Security Act (42 U.S.C. 1395i-4(c)(2)));\n (iv) a public health department; and\n (v) an interested public or private sector \n health care provider or an organization that \n has traditionally served the medically \n uninsured and low-income individuals; and\n (2) submits to the Secretary an application, in such form \n and manner as the Secretary shall prescribe, that--\n (A) clearly defines the community to be served;\n (B) identifies the providers who will participate \n in the community coalition under the grant and \n specifies each provider's contribution to the care of \n individuals in the community;\n (C) describes the activities that the applicant and \n the community coalition propose to perform under the \n grant to further the objectives of this section;\n (D) demonstrates that it is an established \n coalition with ability to build on the current system \n for serving the community by involving providers who \n have traditionally provided a significant volume of \n care for uninsured and low-income individuals for that \n community;\n (E) demonstrates the coalition's ability to develop \n coordinated systems of care that either directly \n provide or ensure the prompt provision of a broad range \n of high-quality, accessible services, including, as \n appropriate, primary, secondary, and tertiary services \n as well as pharmacy, substance abuse, behavioral health \n and oral health services, in a manner that ensures \n continuity of care in the community;\n (F) provides evidence of community involvement, \n including the business community, in the development, \n implementation, and direction of the system of care \n that the coalition proposes to ensure;\n (G) demonstrates the coalition's ability to ensure \n that participating individuals are enrolled in health \n care coverage programs, both public and private, for \n which the individuals are eligible;\n (H) presents a plan for leveraging other sources of \n revenue, which may include State and local sources and \n private grant funds, and integrating current and \n proposed new funding sources in a manner to ensure \n long-term sustainability of the system of care;\n (I) describes a plan for evaluation of the \n activities carried out under the grant, including \n measurement of progress toward the goals and objectives \n of the program and the use of evaluation findings to \n improve system performance;\n (J) demonstrates fiscal responsibility through the \n use of appropriate accounting procedures and management \n systems;\n (K) demonstrates commitment to serve the community \n without regard to the ability of an individual or \n family to pay by arranging for or providing free or \n reduced charge care for the poor; and\n (L) includes such other information as the \n Secretary may prescribe.\n (c) Limitations.--\n (1) In general.--An eligible entity may receive a grant \n under this section for 3 consecutive fiscal years and may \n receive such a grant award for 2 additional years if--\n (A) the eligible entity submits to the Secretary a \n request for a grant for such additional years;\n (B) the Secretary determines that current \n performance justifies the granting of such a request; \n and\n (C) the Secretary determines that granting such \n request is necessary to further the objectives \n described in subsection (a).\n (d) Priorities.--In awarding grants under this section, the \nSecretary--\n (1) may accord priority to applicants that demonstrate the \n greatest extent of unmet need in the community for a more \n coordinated system of care; and\n (2) shall accord priority to applicants that best promote \n the objectives of this section, taking into consideration the \n extent to which the applicant--\n (A) identifies a community whose geographical area \n has a high or increasing percentage of individuals who \n are uninsured or low-income;\n (B) demonstrates that the applicant has included in \n its community coalition providers, support systems, and \n programs that have a tradition of serving individuals \n and families in the community who are uninsured or earn \n below 200 percent of the Federal poverty level;\n (C) shows evidence that the proposed coalition \n activities would expand utilization of preventive and \n primary care services for uninsured and underinsured \n individuals and families in the community, including \n pharmaceuticals, behavioral and mental health services, \n oral health services, or substance abuse services;\n (D) proposes approaches that would improve \n coordination between health care providers and \n appropriate social service providers;\n (E) demonstrates collaboration with State and local \n governments;\n (F) demonstrates that the applicant makes use of \n non-Federal contributions to the greatest extent \n possible; or\n (G) demonstrates likelihood that the proposed \n activities will lead to sustainable integrated delivery \n system as additional efforts of health systems \n development evolve.\n (e) Use of Funds.--\n (1) Use by grantees.--\n (A) In general.--Except as provided in paragraphs \n (2) and (3), a grantee may use amounts provided under \n this section only for--\n (i) direct expenses associated with \n achieving the greater integration of a health \n care delivery system so that the system either \n directly provides or ensures the provision of a \n broad range of culturally competent services, \n including as appropriate primary, secondary, \n and tertiary care and oral health, substance \n abuse, behavioral and mental health, and \n pharmaceutical services; and\n (ii) direct patient care and service \n expansions to fill identified or documented \n gaps within an integrated delivery system.\n (B) Specific uses.--The following are examples of \n purposes for which a grantee may use grant funds under \n this section, when such use meets the conditions stated \n in subparagraph (A):\n (i) Increases in outreach activities and \n closing gaps in health care service, including \n referral to specialty services and prescription \n drugs and conducting ongoing outreach to health \n disparity populations.\n (ii) Improvements to care management and \n delivery of patient-centered care, including \n patient navigation services.\n (iii) Improvements to coordination of \n transportation to health care facilities.\n (iv) Development of provider networks and \n other innovative models to engage physicians in \n voluntary efforts to serve the medically \n underserved within a community.\n (v) Recruitment, training, and compensation \n of necessary personnel.\n (vi) Coordinate the acquisition or \n interconnected use of technology within a \n community for the purpose of coordinating care \n and improving provider communication, including \n implementation of shared information systems or \n shared clinical systems to improve the quality \n of health care.\n (vii) Development of common processes such \n as mechanisms for determining eligibility for \n the programs provided through the system, \n common identification cards, sliding scale \n discounts, and monitoring and tracking of \n outcomes.\n (viii) Development of specific prevention \n and disease management tools and processes.\n (ix) Language access services.\n (x) Facilitating the involvement of \n community organizations to provide better \n access to high-quality health care services to \n individuals at risk for or who have chronic \n diseases or cancer.\n (xi) Helping patients overcome barriers \n within the health care system to ensure prompt \n diagnostic and treatment resolution of an \n abnormal finding of cancer or chronic disease.\n (2) Direct patient care limitation.--Not more than 20 \n percent of the funds provided under a grant awarded under this \n section may be used for providing direct patient care and \n services.\n (3) Reservation of funds for national program purposes.--\n The Secretary may use not more than 7 percent of funds \n appropriated to carry out this section for providing technical \n assistance to grantees, obtaining assistance of experts and \n consultants, holding meetings, developing of tools, \n disseminating of information, and evaluation.\n (f) Reporting by Grantee.--A grantee under this section shall \nreport to the Secretary annually regarding--\n (1) progress in meeting the goals and measurable objectives \n set forth in the grant application submitted by the grantee \n under subsection (b); and\n (2) the extent to which activities conducted by such \n grantee have--\n (A) improved the effectiveness, efficiency, and \n coordination of services for uninsured and low-income \n individuals in the community served by such grantee, \n using commonly accepted outcome measures;\n (B) resulted in the provision of better quality \n health care for individuals and families in the \n community served; and\n (C) resulted in the provision of health care to \n such individuals at lower cost than would have been \n possible in the absence of the activities conducted by \n such grantee.\n (g) Maintenance of Effort.--With respect to activities for which a \ngrant under this section is authorized, the Secretary may award such a \ngrant only if the applicant and each of the participating providers \nagree that the grantee and each such provider will maintain its \nexpenditures of non-Federal funds for such activities at a level that \nis not less then the level of such expenditures during the fiscal year \nimmediately preceding the fiscal year for which the applicant is \napplying to receive such grant.\n (h) Technical Assistance.--The Secretary may provide any entity \nthat receives a grant under this section with technical and other \nnonfinancial assistance necessary to meet the requirements of this \nsection. The Secretary may choose to provide such assistance by \nawarding a grant to, or entering into a contract with, a State or \nnational not-for-profit organization with expertise in building \nsuccessful community coalitions.\n (i) Evaluation of Program.--Not later than September 30, 2014, the \nSecretary shall prepare and submit to the appropriate committees of \nCongress a report that describes the extent to which projects funded \nunder this section have been successful in improving the effectiveness, \nefficiency, and coordination of services in the communities served by \nsuch projects, including whether the projects resulted in the provision \nof better quality health care for such individuals, and whether such \ncare was provided at lower costs than would have been provided in the \nabsence of such projects.\n (j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n (1) $75,000,000 for fiscal year 2010;\n (2) $100,000,000 for fiscal year 2011;\n (3) $125,000,000 for fiscal year 2012;\n (4) $150,000,000 for fiscal year 2013; and\n (5) $175,000,000 for fiscal year 2014.","summary":"Community Coalitions for Access and Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services to award grants to assist in developing integrated health care delivery systems to serve defined communities of individuals to: (1) improve efficiency and coordination among providers. (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases. And (3) expand and enhance services provided. Authorizes the Secretary, in awarding grants, to accord priority to: (1) applicants that demonstrate the greatest unmet need for a more coordinated system of care. And (2) applicants that best promote the objectives of this Act. Authorizes a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services. And (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system.","title":"A bill to authorize the Secretary of Health and Human Services to make grants to community health coalitions to assist in the development of integrated health care delivery, and for other purposes.","text_len":17697,"sum_len":1066} {"bill_id":"110_hr5992","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``First Time Property Owners Tax \nCredit Act of 2008''.\n\nSEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME PURCHASE OF REAL PROPERTY.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and by inserting \nafter section 35 the following new section:\n\n``SEC. 36. FIRST-TIME PURCHASE OF REAL PROPERTY.\n\n ``(a) Allowance of Credit.--In the case of an individual who is a \nfirst-time purchaser of real property in the United States during any \ntaxable year, there shall be allowed as a credit against the tax \nimposed by this subtitle for the taxable year an amount equal to 5 \npercent of the purchase price of such property.\n ``(b) Limitations.--\n ``(1) Maximum dollar amount.--\n ``(A) In general.--The credit allowed under \n subsection (a) shall not exceed the excess (if any) of \n $1,500 (2 times such amount in the case of a joint \n return).\n ``(B) Inflation adjustment.--In the case of any \n taxable year beginning after December 31, 2008, the \n $1,500 amount under subparagraph (A) shall be increased \n by an amount equal to $1,500, multiplied by the cost-\n of-living adjustment determined under section 1(f)(3) \n for the calendar year in which the taxable year begins \n by substituting `2007' for `1992' in subparagraph (B) \n thereof. If the $1,500 amount as adjusted under the \n preceding sentence is not a multiple of $10, such \n amount shall be rounded to the nearest multiple of $10.\n ``(2) Taxable income limitation.--\n ``(A) In general.--If the taxable income of the \n taxpayer for any taxable year exceeds the maximum \n taxable income in the table under subsection (a), (b), \n (c), or (d) of section 1, whichever is applicable, to \n which the 25 percent rate applies, the dollar amounts \n in effect under paragraph (1)(A) for such taxpayer for \n the following taxable year shall be reduced (but not \n below zero) by the amount of the excess.\n ``(B) Change in return status.--In the case of \n married individuals filing a joint return for any \n taxable year who did not file such a joint return for \n the preceding taxable year, subparagraph (A) shall be \n applied by reference to the highest taxable income of \n either such individual for the preceding taxable year.\n ``(c) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) First-time purchaser.--\n ``(A) In general.--The term `first-time purchaser' \n means any individual if such individual (and if \n married, such individual's spouse) had no present \n ownership interest in real property during the 2-year \n period ending on the date of acquisition of the \n property to which subsection (a) applies.\n ``(B) One-time only.--If an individual is treated \n as a first-time purchaser with respect to any real \n property, such individual may not be treated as a \n first-time purchaser with respect to any other real \n property.\n ``(C) Married individuals filing jointly.--In the \n case of married individuals who file a joint return, \n the credit under this section is allowable only if both \n individuals are first-time purchasers.\n ``(D) Other taxpayers.--If 2 or more individuals \n who are not married purchase real property--\n ``(i) the credit under this section is \n allowable only if each of the individuals is a \n first-time purchaser, and\n ``(ii) the amount of the credit allowed \n under subsection (a) shall be allocated among \n such individuals in such manner as the \n Secretary may prescribe, except that the total \n amount of the credits allowed to all such \n individuals shall not exceed the amount in \n effect under subsection (b)(1)(A) for \n individuals filing joint returns.\n ``(2) Purchase.--The term `purchase' means any acquisition, \n but only if--\n ``(A) the property is not acquired from a person \n whose relationship to the person acquiring it would \n result in the disallowance of losses under section 267 \n or 707(b) (but, in applying section 267 (b) and (c) for \n purposes of this section, paragraph (4) of section \n 267(c) shall be treated as providing that the family of \n an individual shall include only the individual's \n spouse, ancestors, and lineal descendants), and\n ``(B) the basis of the property in the hands of the \n person acquiring it is not determined--\n ``(i) in whole or in part by reference to \n the adjusted basis of such property in the \n hands of the person from whom acquired, or\n ``(ii) under section 1014(a) (relating to \n property acquired from a decedent).\n ``(3) Purchase price.--The term `purchase price' means the \n adjusted basis of the property on the date on which a binding \n contract to acquire such property is entered into.\n ``(d) Denial of Double Benefit.--No credit shall be allowed under \nsubsection (a) for any expense for which a deduction or credit is \nallowed under any other provision of this chapter.\n ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit \nis allowed under this section with respect to the purchase of any \nproperty, the basis of such property shall be reduced by the amount of \nthe credit so allowed.\n ``(f) Property to Which Section Applies.--The provisions of this \nsection apply to real property if--\n ``(1) the taxpayer purchases such property on or after \n January 1, 2008, and before January 1, 2013, or\n ``(2) the taxpayer enters into, on or after January 1, \n 2008, and before January 1, 2013, a binding contract to \n purchase such property before July 1, 2014.''.\n (b) Conforming Amendments.--\n (1) Subsection (a) of section 1016 of the Internal Revenue \n Code of 1986 (relating to general rule for adjustments to \n basis) is amended by striking ``and'' at the end of paragraph \n (35), by striking the period at the end of paragraph (36) and \n inserting ``, and'', and by adding at the end the following new \n paragraph:\n ``(37) in the case of real property with respect to which a \n credit was allowed under section 36, to the extent provided in \n section 36(e).''.\n (2) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``or 36'' after ``section 35''.\n (c) Clerical Amendment.--The table of sections for subpart C of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by striking the item relating to section 36 and \ninserting the following new items:\n\n``Sec. 36. First-time purchase of real property.\n``Sec. 37. Overpayments of tax.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.","summary":"First Time Property Owners Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow an income-based, one-time refundable tax credit for first-time homebuyers of 5 of the purchase price of real property located in the United States, up to a maximum credit amount of $1,500 . Makes such credit applicable to purchases of property on or after January 1, 2008, and before January 1, 2013, and to binding contracts made between such dates to purchase such property before July 1, 2014.","title":"To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for the purchase of real property by a first-time purchaser.","text_len":8090,"sum_len":490} {"bill_id":"107_hr3483","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intergovernmental Law Enforcement \nInformation Sharing Act of 2001''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n Congress finds the following:\n (1) Governors and mayors are responsible for the protection \n of their constituents, and State and local agencies are \n typically the first responders to emergencies. Therefore, State \n and local officials and agencies must be able to receive \n information regarding potential threats within their \n jurisdictions.\n (2) Most State and local law enforcement authorities \n currently have mechanisms in place to receive and protect \n classified information provided by Federal officials. These \n mechanisms must be supplemented to include elected officials \n and additional senior law enforcement officials in every State.\n (3) Expanding the issuance of security clearances, \n consistent with all applicable Federal standards and \n investigative requirements, is an important means of improving \n information sharing among Federal, State, and local officials.\n (4) There is a need for a comprehensive review of \n procedures within Federal law enforcement agencies in order to \n identify and remedy unnecessary barriers to information sharing \n among Federal, State, and local law enforcement agencies.\n\nSEC. 3. SECURITY CLEARANCES AND ENHANCED INFORMATION SHARING.\n\n Chapter 65 of title 31, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 6509. Intergovernmental cooperation to enhance the sharing of \n law enforcement information\n ``(a) The Attorney General shall expeditiously carry out security \nclearance investigations for the persons identified in subsection (b), \nand shall grant appropriate security clearances to all such persons who \nqualify for clearances under the standards set forth in applicable laws \nand Executive orders.\n ``(b) The persons referred to in subsection (a) are:\n ``(1) Every Governor of a State or territory who applies \n for a security clearance.\n ``(2) Every chief elected official of a political \n subdivision of a State or territory with a population exceeding \n 30,000 who applies for a security clearance.\n ``(3) At least one senior law enforcement official for each \n State or territory, as designated by the Governor of such State \n or territory.\n ``(4) At least one senior law enforcement official for each \n political subdivision described in paragraph (2), as designated \n by the chief elected official of such subdivision.\n ``(5) Law enforcement officers from State, territorial, and \n local agencies that participate in Federal counter-terrorism \n working groups, joint or regional terrorism task forces, and \n other activities involving the combined efforts of Federal and \n non-Federal law enforcement agencies.\n ``(6) The chiefs, commissioners, sheriffs, or comparable \n officials who head each State, territorial, and local agency \n that participates in a working group, task force, or similar \n activity described in paragraph (5).\n ``(c)(1) The Attorney General may charge State, territorial, and \nlocal governments, in whole or in part, for the costs of carrying out \nsecurity clearance investigations and granting security clearances \nunder this section. Such charges may not exceed the amounts charged for \ncarrying out such investigations and granting such clearances for \nFederal employees.\n ``(2) The Attorney General may waive any charges that would \notherwise apply under paragraph (1) to a State, territorial, or local \ngovernment if such government agrees to promptly provide Federal \nofficials, without charge, access to the criminal databases of such \ngovernment for the purpose of conducting personnel security background \ninvestigations for military, civilian, and contract employees.\n ``(d) To the maximum extent practicable, the Attorney General shall \nensure that information systems, including databases, are configured to \nallow efficient and effective sharing of information among appropriate \nFederal, State, territorial, and local officials and agencies.''.\n\nSEC. 4. STUDY BY THE ATTORNEY GENERAL.\n\n (a) Study Required.--The Attorney General shall conduct a study of \nmethods to enhance the sharing of sensitive Federal law enforcement \ninformation with State, territorial, and local law enforcement \nofficials. The study shall review--\n (1) appropriate safeguards to protect confidential sources \n and methods;\n (2) mechanisms for determining the credibility of \n information relating to potential threats;\n (3) restrictions on access to Federal databases by State, \n territorial, and local elected officials and law enforcement \n personnel; and\n (4) any other matter that the Attorney General considers \n appropriate.\n (b) Participation.--The Attorney General shall ensure that \nofficials from State, territorial, and local law enforcement agencies \nparticipate in the study.\n (c) Report.--Not later than 6 months after the date of the \nenactment of this Act, the Attorney General shall submit a report \ncontaining the findings and recommendations of the study to the \nCommittee on Government Reform and the Committee on the Judiciary of \nthe House of Representatives and the Committee on Governmental Affairs \nand the Committee on the Judiciary of the Senate.\n\nSEC. 5. DISCLAIMER.\n\n Nothing in this Act shall be construed to limit the authority of \nthe head of a Federal agency to classify information or to continue the \nclassification of information previously classified by an agency.","summary":"Intergovernmental Law Enforcement Information Sharing Act of 2001 - Directs the Attorney General to expeditiously carry out security clearance investigations for, and to grant appropriate security clearances to, specified persons, including: (1) every Governor who applies for a security clearance. (2) at least one senior law enforcement official for each State or territory. (3) law enforcement officers from State, territorial, and local agencies that participate in Federal counter-terrorism working groups or joint or regional terrorism task forces. And (4) the chiefs, commissioners, sheriffs, or comparable officials who head State, territorial, and local agencies that participate in such working groups or task forces. Authorizes the Attorney General to: (1) charge State, territorial, and local governments for the costs of carrying out security clearance investigations and granting security clearances, not to exceed the amounts charged for Federal employees. And (2) waive any charges that would otherwise apply to a State, territorial, or local government if such government agrees to promptly provide Federal officials, without charge, with access to criminal databases for the purpose of conducting personnel security background investigations for military, civilian, and contract employees. Directs the Attorney General to: (1) ensure that information systems, including databases, are configured to allow efficient and effective sharing of information among appropriate Federal, State, territorial, and local officials and agencies. And (2) conduct a study of methods to enhance the sharing of sensitive Federal law enforcement information with State, territorial, and local law enforcement officials.","title":"To amend title 31, United States Code, to provide for intergovernmental cooperation to enhance the sharing of law enforcement information.","text_len":5932,"sum_len":1719} {"bill_id":"111_hr5012","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Weekends Without Hunger Act''.\n\nSEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.\n\n Section 18 of the Richard B. Russell National School Lunch Act (42 \nU.S.C. 1769) is amended by adding at the end the following:\n ``(j) Weekends and Holidays Without Hunger.--\n ``(1) Definitions.--In this subsection:\n ``(A) At-risk school child.--The term `at-risk \n school child' has the meaning given the term in section \n 17(r)(1).\n ``(B) Eligible institution.--\n ``(i) In general.--The term `eligible \n institution' means a public or private \n nonprofit institution that is determined by the \n Secretary to be able to meet safe food storage, \n handling, and delivery standards established by \n the Secretary.\n ``(ii) Inclusions.--The term `eligible \n institution' includes--\n ``(I) an elementary or secondary \n school or school food service \n authority;\n ``(II) a food bank or food pantry;\n ``(III) a homeless shelter; and\n ``(IV) such other type of emergency \n feeding agency as is approved by the \n Secretary.\n ``(2) Establishment.--Subject to the availability of \n appropriations provided in advance in an appropriations Act \n specifically for the purpose of carrying out this subsection, \n the Secretary shall establish a program under which the \n Secretary shall provide commodities, on a competitive basis, to \n eligible institutions to provide nutritious food to at-risk \n children on weekends and during extended school holidays during \n the school year.\n ``(3) Eligibility.--\n ``(A) In general.--To be eligible to receive \n commodities under this subsection, an eligible \n institution shall submit an application to the \n Secretary at such time, in such manner, and containing \n such information as the Secretary may determine.\n ``(B) Plan.--An application under subparagraph (A) \n shall include the plan of the eligible institution for \n the distribution of nutritious foods to at-risk school \n children, including--\n ``(i) methods of food service delivery to \n at-risk school children;\n ``(ii) assurances that children receiving \n foods under the project will not be publicly \n separated or overtly identified;\n ``(iii) lists of the types of food to be \n provided under the project and provisions to \n ensure food quality and safety;\n ``(iv) information on the number of at-risk \n school children to be served and the per-child \n cost of providing the children with food; and\n ``(v) such other information as the \n Secretary determines to be necessary to assist \n the Secretary in evaluating projects that \n receive commodities under this subsection.\n ``(4) Priority.--In selecting applications under this \n subsection, the Secretary shall give priority to eligible \n institutions that--\n ``(A) have on-going programs and experience serving \n populations with significant proportions of at-risk \n school children;\n ``(B) have a good record of experience in food \n delivery and food safety systems;\n ``(C) maintain high quality control, \n accountability, and recordkeeping standards;\n ``(D) provide children with readily consumable food \n of high nutrient content and quality;\n ``(E) demonstrate cost efficiencies and the \n potential for obtaining supplemental funding from non-\n Federal sources to carry out projects; and\n ``(F) demonstrate the ability to continue projects \n for the full approved term of the pilot project period.\n ``(5) Guidelines.--\n ``(A) In general.--The Secretary shall issue \n guidelines containing the criteria for projects to \n receive commodities under this section.\n ``(B) Inclusions.--The guidelines shall, to the \n maximum extent practicable within the funds available \n and applications submitted, take into account--\n ``(i) geographical variations in project \n locations to include qualifying projects in \n rural, urban, and suburban areas with high \n proportions of families with at-risk school \n children;\n ``(ii) different types of projects that \n offer nutritious foods on weekends and during \n school holidays to at-risk school children; and\n ``(iii) institutional capacity to collect, \n maintain, and provide statistically valid \n information necessary for the Secretary--\n ``(I) to analyze and evaluate the \n results of the pilot project; and\n ``(II) to make recommendations to \n Congress.\n ``(6) Evaluation.--\n ``(A) Interim evaluation.--Not later than November \n 30, 2013, the Secretary shall complete an interim \n evaluation of the pilot program carried out under this \n subsection.\n ``(B) Final report.--Not later than December 31, \n 2015, the Secretary shall submit to Congress a final \n report that contains--\n ``(i) an evaluation of the pilot program \n carried out under this subsection; and\n ``(ii) any recommendations of the Secretary \n for legislative action.\n ``(7) Funding.--\n ``(A) Authorization of appropriations.--There is \n authorized to be appropriated to carry out this section \n such sums as are necessary, to remain available until \n expended.\n ``(B) Availability of funds.--Not more than 3 \n percent of the funds made available under subparagraph \n (A) may be used by the Secretary for expenses \n associated with review of the operations and evaluation \n of the projects carried out under this subsection.''.\n\n Passed the House of Representatives December 8, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013. And (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. Authorizes appropriations for the pilot program.","title":"To amend the Richard B. Russell National School Lunch Act to establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year.","text_len":7711,"sum_len":1074} {"bill_id":"103_s310","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chacoan Outliers Protection Act of \n1993''.\n\nSEC. 2. CONFORMING AMENDMENT.\n\n (a) Section 501 of Public Law 96-550 (16 U.S.C. 410ii) is amended \nin the title by striking ``Congressional findings'' and inserting in \nlieu thereof ``Congressional findings and purpose''.\n (b) Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is \namended by striking ``San Juan Basin;'' and inserting in lieu thereof, \n``San Juan Basin and surrounding areas;''.\n\nSEC. 3. ADDITIONS TO CHACO ARCHEOLOGICAL PROTECTION SITES.\n\n Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is \namended to read as follows:\n ``(b)(1) Thirty-nine outlying sites as generally depicted on a map \nentitled ``Chaco Culture Archeological Protection Sites'', numbered \n310\/80,033-B and dated September 1991, are hereby designated as `Chaco \nCulture Archeological Protection Sites'. The thirty-nine archeological \nprotection sites totaling approximately 14,372 acres identified as \nfollows:\n\nName: Acres\n Allentown.............................................. 380\n Andrews Ranch.......................................... 950\n Bee Burrow............................................. 480\n Bisa'ani............................................... 131\n Casa del Rio........................................... 40\n Casamero............................................... 160\n Chimney Rock........................................... 3,160\n Coolidge............................................... 450\n Dalton Pass............................................ 135\n Dittert................................................ 480\n Great Bend............................................. 26\n Greenlee Ruin.......................................... 60\n Grey Hill Spring....................................... 23\n Guadalupe.............................................. 115\n Halfway House.......................................... 40\n Haystack............................................... 565\n Hogback................................................ 453\n Indian Creek........................................... 100\n Jacques................................................ 66\n Kin Nizhoni............................................ 726\n Lake Valley............................................ 30\n Manuelito-Atsee Nitsaa................................. 60\n Manuelito-Kin Hochoi................................... 116\n Muddy Water............................................ 1,090\n Navajo Springs......................................... 260\n Newcomb................................................ 50\n Peach Springs.......................................... 1,046\n Pierre's Site.......................................... 440\n Raton Well............................................. 23\n Salmon Ruin............................................ 5\n San Mateo.............................................. 61\n Sanostee............................................... 1,565\n Section 8.............................................. 10\n Skunk Springs\/Crumbled House........................... 533\n Standing Rock.......................................... 348\n Toh-la-kai............................................. 10\n Twin Angeles........................................... 40\n Upper Kin Klizhin...................................... 60.\n ``(2) The map referred to in paragraph (1) shall be kept on file \nand available for public inspection in the appropriate offices of the \nNational Park Service, the office of the State Director of the Bureau \nof Land Management located in Santa Fe, New Mexico, the office of the \nArea Director of the Bureau of Indian Affairs located in Window Rock, \nArizona, and the offices of the Arizona and New Mexico State Historic \nPreservation Officers.''.\n\nSEC. 4. ASSISTANCE TO THE NAVAJO NATION.\n\n Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by \nadding the following new subsection at the end thereof:\n ``(f) The Secretary is authorized to assist the Navajo Nation in \nthe protection and management of those Chaco Culture Archeological \nProtection Sites located on lands under the jurisdiction of the Navajo \nNation through a grant, contract, or cooperative agreement entered into \npursuant to the Indian Self-Determination and Education Act (Public Law \n93-638), as amended, to assist the Navajo Nation in site planning, \nresource protection, interpretation, resource management actions, and \nsuch other purposes as may be identified in such grant, contract, or \ncooperative agreement.''.\n\n Passed the Senate July 21 (legislative day, June 30), 1993.\n\n Attest:\n\n WALTER J. STEWART,\n\n Secretary.","summary":"Chacoan Outliers Protection Act of 1993 - Designates seven new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Authorizes the Secretary of the Interior to assist the Navajo Nation in the protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act.","title":"Chacoan Outliers Protection Act of 1993","text_len":5288,"sum_len":604} {"bill_id":"107_s937","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping Our Professionals \nEducationally (HOPE) Act of 2001''.\n\nSEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER \n MONTGOMERY GI BILL BY MEMBERS OF THE ARMED FORCES WITH \n CRITICAL MILITARY SKILLS.\n\n (a) Authority To Transfer to Family Members.--(1) Subchapter II of \nchapter 30 of title 38, United States Code, is amended by adding at the \nend the following new section:\n``Sec. 3020. Transfer of entitlement to basic educational assistance: \n members of the Armed Forces with critical military skills\n ``(a) In General.--Subject to the provisions of this section, each \nSecretary concerned may, for the purpose of enhancing recruitment and \nretention of members of the Armed Forces with critical military skills \nand at such Secretary's sole discretion, permit an individual described \nin subsection (b) who is entitled to basic educational assistance under \nthis subchapter to elect to transfer, in whole or in part, up to one-\nhalf of such individual's entitlement to such assistance to the \ndependents specified in subsection (c).\n ``(b) Eligible Individuals.--An individual referred to in \nsubsection (a) is any member of the Armed Forces who, at the time of \nthe approval by the Secretary concerned of the member's request to \ntransfer entitlement to basic educational assistance under this \nsection--\n ``(1) has completed six years of service in the Armed \n Forces;\n ``(2) either--\n ``(A) has a critical military skill designated by \n the Secretary concerned for purposes of this section; \n or\n ``(B) is in a military specialty designated by the \n Secretary concerned for purposes of this section as \n requiring critical military skills; and\n ``(3) enters into an agreement to serve at least four more \n years as a member of the Armed Forces.\n ``(c) Eligible Dependents.--An individual approved to transfer an \nentitlement to basic educational assistance under this section may \ntransfer the individual's entitlement as follows:\n ``(1) To the individual's spouse.\n ``(2) To one or more of the individual's children.\n ``(3) To a combination of the individuals referred to in \n paragraphs (1) and (2).\n ``(d) Limitation on Months of Transfer.--The total number of months \nof entitlement transferred by an individual under this section may not \nexceed 18 months.\n ``(e) Designation of Transferee.--An individual transferring an \nentitlement to basic educational assistance under this section shall--\n ``(1) designate the dependent or dependents to whom such \n entitlement is being transferred and the percentage of such \n entitlement to be transferred to each such dependent; and\n ``(2) specify the period for which the transfer shall be \n effective for each dependent designated under paragraph (1).\n ``(f) Time for Transfer; Revocation and Modification.--(1) Subject \nto the time limitation for use of entitlement under section 3031 of \nthis title, an individual approved to transfer entitlement to basic \neducational assistance under this section may transfer such entitlement \nat any time after the approval of individual's request to transfer such \nentitlement without regard to whether the individual is a member of the \nArmed Forces when the transfer is executed.\n ``(2)(A) An individual transferring entitlement under this section \nmay modify or revoke at any time the transfer of any unused portion of \nthe entitlement so transferred.\n ``(B) The modification or revocation of the transfer of entitlement \nunder this paragraph shall be made by the submittal of written notice \nof the action to both the Secretary concerned and the Secretary of \nVeterans Affairs.\n ``(g) Commencement of Use.--A dependent to whom entitlement to \nbasic educational assistance is transferred under this section may not \ncommence the use of the transferred entitlement until the following:\n ``(1) In the case of entitlement transferred to a spouse, \n the completion by the individual making the transfer of 6 years \n of service in the Armed Forces.\n ``(2) In the case of entitlement transferred to a child, \n both--\n ``(A) the completion by the individual making the \n transfer of 10 years of service in the Armed Forces; \n and\n ``(B) either--\n ``(i) the completion by the child of the \n requirements of a secondary school diploma (or \n equivalency certificate); or\n ``(ii) the attainment by the child of 18 \n years of age.\n ``(h) Additional Administrative Matters.--(1) The use of any \nentitlement to basic educational assistance transferred under this \nsection shall be charged against the entitlement of the individual \nmaking the transfer at the rate of one month for each month of \ntransferred entitlement that is used.\n ``(2) Except as provided under subsection (e)(2) and subject to \nparagraphs (4) and (5), a dependent to whom entitlement is transferred \nunder this section is entitled to basic educational assistance under \nthis subchapter in the same manner and at the same rate as the \nindividual from whom the entitlement was transferred.\n ``(3) The death of an individual transferring an entitlement under \nthis section shall not affect the use of the entitlement by the \nindividual to whom the entitlement is transferred.\n ``(4) Notwithstanding section 3031 of this title, a child to whom \nentitlement is transferred under this section may not use any \nentitlement so transferred after attaining the age of 26 years.\n ``(5) The administrative provisions of this chapter (including the \nprovisions set forth in section 3034(a)(1) of this title) shall apply \nto the use of entitlement transferred under this section, except that \nthe dependent to whom the entitlement is transferred shall be treated \nas the eligible veteran for purposes of such provisions.\n ``(6) The purposes for which a dependent to whom entitlement is \ntransferred under this section may use such entitlement shall include \nthe pursuit and completion of the requirements of a secondary school \ndiploma (or equivalency certificate).\n ``(i) Overpayment.--(1) In the event of an overpayment of basic \neducational assistance with respect to a dependent to whom entitlement \nis transferred under this section, the dependent and the individual \nmaking the transfer shall be jointly and severally liable to the United \nStates for the amount of the overpayment for purposes of section 3685 \nof this title.\n ``(2) Except as provided in paragraph (3), if an individual \ntransferring entitlement under this section fails to complete the \nservice agreed to by the individual under subsection (b)(3) in \naccordance with the terms of the agreement of the individual under that \nsubsection, the amount of any transferred entitlement under this \nsection that is used by a dependent of the individual as of the date of \nsuch failure shall be treated as an overpayment of basic educational \nassistance under paragraph (1).\n ``(3) Paragraph (2) shall not apply in the case of an individual \nwho fails to complete service agreed to by the individual--\n ``(A) by reason of the death of the individual; or\n ``(B) for a reason referred to in section \n 3011(a)(1)(A)(ii)(I) of this title.\n ``(j) Approvals of Transfer Subject to Availability of \nAppropriations.--The Secretary concerned may approve transfers of \nentitlement to basic educational assistance under this section in a \nfiscal year only to the extent that appropriations for military \npersonnel are available in the fiscal year for purposes of making \ntransfers of funds under section 2006 of title 10 with respect to such \ntransfers of entitlement.\n ``(k) Regulations.--The Secretary of Defense shall prescribe \nregulations for purposes of this section. Such regulations shall \nspecify the manner and effect of an election to modify or revoke a \ntransfer of entitlement under subsection (f)(2), and shall specify the \nmanner of the applicability of the administrative provisions referred \nto in subsection (h)(5) to a dependent to whom entitlement is \ntransferred under this section.\n ``(l) Annual Reports.--(1) Not later than January 31, 2003, and \neach year thereafter, each Secretary concerned shall submit to the \nCommittees on Armed Services of the Senate and House of Representatives \na report on the transfers of entitlement to basic educational \nassistance under this section that were approved by such Secretary \nduring the preceding year.\n ``(2) Each report shall set forth--\n ``(A) the number of transfers of entitlement under this \n section that were approved by such Secretary during the \n preceding year; or\n ``(B) if no transfers of entitlement under this section \n were approved by such Secretary during that year, a \n justification for such Secretary's decision not to approve any \n such transfers of entitlement during that year.\n ``(m) Secretary Concerned Defined.--Notwithstanding section 101(25) \nof this title, in this section, the term `Secretary concerned' means--\n ``(1) the Secretary of the Army with respect to matters \n concerning the Army;\n ``(2) the Secretary of the Navy with respect to matters \n concerning the Navy or the Marine Corps;\n ``(3) the Secretary of the Air Force with respect to \n matters concerning the Air Force; and\n ``(4) the Secretary of the Defense with respect to matters \n concerning the Coast Guard, or the Secretary of Transportation \n when it is not operating as a service in the Navy.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 3019 the \nfollowing new item:\n\n``3020. Transfer of entitlement to basic educational assistance: \n members of the Armed Forces with critical \n military skills.''.\n (b) Treatment under Department of Defense Education Benefits \nFund.--Section 2006(b)(2) of title 10, United States Code, is amended \nby adding at the end the following:\n ``(D) The present value of the future benefits \n payable from the Fund as a result of transfers under \n section 3020 of title 38 of entitlement to basic \n educational assistance under chapter 30 of title 38.''.\n (c) Plan for Implementation.--Not later than June 30, 2002, the \nSecretary of Defense shall submit to Congress a report describing the \nmanner in which the Secretaries of the military departments and the \nSecretary of Transportation propose to exercise the authority granted \nby section 3020 of title 38, United States Code, as added by subsection \n(a).\n\nSEC. 3. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL \n ASSISTANCE UNDER MONTGOMERY GI BILL.\n\n (a) In General.--Section 3014 of title 38, United States Code, is \namended by adding at the end the following new subsection:\n ``(c)(1)(A) Notwithstanding any other provision of this chapter and \nsubject to subparagraph (B), an individual entitled to basic \neducational assistance under this subchapter may elect to receive an \naccelerated payment of the basic educational assistance allowance.\n ``(B) The Secretary may not make an accelerated payment for a \ncourse to an individual who has received an advance payment under \nsection 3680(d) of this title for the same enrollment period.\n ``(2)(A) Pursuant to an election under paragraph (1), the Secretary \nshall make an accelerated payment to an individual for a course in a \nlump-sum amount equal to the lesser of--\n ``(i) the amount of the educational assistance allowance \n for the month, or fraction thereof, in which the course begins \n plus the educational assistance allowance for each of the \n succeeding four months; or\n ``(ii)(I) in the case of a course offered on a quarter, \n semester, or term basis, the amount of aggregate monthly \n educational assistance allowance otherwise payable under this \n subchapter for the course for the entire quarter, semester, or \n term; or\n ``(II) in the case of a course that is not offered on a \n quarter, semester, or term basis, the amount of aggregate \n monthly educational assistance allowance otherwise payable \n under this subchapter for the entire course.\n ``(B) In the case of an adjustment under section 3015(h) of this \ntitle in the monthly rate of basic educational assistance that occurs \nduring a period for which an accelerated payment is made under this \nsubsection, the Secretary shall pay--\n ``(i) on an accelerated basis the amount of the allowance \n otherwise payable under this subchapter for the period without \n regard to the adjustment under that section; and\n ``(ii) on the date of the adjustment any additional amount \n of the allowance that is payable for the period as a result of \n the adjustment.\n ``(3) For each accelerated payment made to an individual under this \nsubsection, the individual's entitlement under this subchapter shall be \ncharged at the same rate at which the entitlement would be charged if \nthe individual had received a monthly educational assistance allowance \nfor the period of educational pursuit covered by the accelerated \npayment.\n ``(4) The Secretary shall prescribe regulations to carry out this \nsubsection. The regulations shall include the requirements, conditions, \nand methods for the request, issuance, delivery, certification of \nreceipt and use, and recovery of overpayment of an accelerated payment \nunder this subsection.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date that is six months after the date of the \nenactment of this Act, and shall apply with respect to courses of \neducation beginning on or after that date.\n\nSEC. 4. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR TRAINING FOR \n TECHNOLOGICAL OCCUPATIONS OFFERED BY ENTITIES OTHER THAN \n EDUCATIONAL INSTITUTIONS.\n\n (a) In General.--Section 3452(c) of title 38, United States Code, \nis amended to read as follows:\n ``(c) The term `educational institution' means the following:\n ``(1) Any public or private elementary school, secondary \n school, vocational school, correspondence school, business \n school, junior college, teachers' college, college, normal \n school, professional school, university, or scientific or \n technical institution, or other institution furnishing \n education for adults.\n ``(2) Any entity that provides training required for \n completion of any State-approved alternative teacher \n certification program (as determined by the Secretary).\n ``(3) Any entity that provides, either directly or under an \n agreement with another entity, a course or courses to fulfill \n the requirements for the attainment of a license or certificate \n generally recognized as necessary to obtain, maintain, or \n advance in employment in a vocation or profession in a \n technological occupation (as defined by the Secretary).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on October 1, 2001, and shall apply with respect to \ntraining courses, approved by the Secretary of Veterans Affairs, for \ncertification for technological occupations beginning on or after that \ndate.\n\nSEC. 5. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED \n RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE.\n\n Section 16133(b) of title 10, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(5)(A) In the case of a person who continues to serve as member \nof the Selected Reserve as of the end of the 10-year period applicable \nto the person under subsection (a), as extended, if at all, under \nparagraph (4), the period during which the person may use the person's \nentitlement shall expire at the end of the 5-year period beginning on \nthe date the person is separated from the Selected Reserve.\n ``(B) Subparagraph (A) shall not apply with respect to an \nindividual otherwise described by that subparagraph who is separated \nfrom the armed forces under other than honorable conditions.\n ``(C) The provisions of paragraph (4) shall apply with respect to \nany period of active duty of a person referred to in subparagraph (A) \nduring the 5-year period referred to in that subparagraph.''.","summary":"Helping Our Professionals Educationally (HOPE) Act of 2001 - Authorizes the Secretary of each military department to permit a member who is entitled to basic educational assistance under the Veterans Educational Assistance Program (VEAP), has served at least six years, has a critical military skill or is in a military specialty designated as critical, and agrees to serve at least four more years to transfer such assistance to one or more dependents. Allows up to 18 months of entitlement to be transferred. Prohibits a spouse from using such assistance until the transferor has completed six years of service. Prohibits a child from using such assistance until the transferor has completed ten years of service and the child has completed secondary school requirements or is 18 years of age. Authorizes a VEAP-entitled individual to elect to receive an accelerated lump-sum payment of basic educational assistance, under specified conditions. Makes Montgomery GI Bill benefits available for training which leads to licensing or certification in technological occupations. Makes members who continue in the Selected Reserve beyond the ten-year period required for entitlement to educational assistance eligible for such assistance for five years after separation from such service .","title":"A bill to amend title 38, United States Code, to permit the transfer of entitlement to educational assistance the Montgomery GI Bill by members of the Armed Forces, and for other purposes.","text_len":17123,"sum_len":1285} {"bill_id":"110_s1966","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HIV\/AIDS Assistance Reauthorization \nAct of 2007''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 401(a) of the United States Leadership Against HIV\/AIDS, \nTuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671(a)) (in this Act \nreferred to as the ``Act'') is amended by inserting after ``2008'' the \nfollowing: ``, $30,000,000,000 for fiscal years 2009 through 2013, and \nsuch sums as may be necessary for each fiscal year thereafter''.\n\nSEC. 3. MODIFICATIONS TO ALLOCATION OF FUNDS.\n\n (a) Promotion of Abstinence, Fidelity, and Other Preventative \nMeasures.--Section 403(a) of the Act (22 U.S.C. 7673(a)) is amended to \nread as follows:\n ``(a) Promotion of Abstinence, Fidelity, and Other Preventative \nMeasures.--Not less than 50 percent of the amounts appropriated \npursuant to the authorization of appropriations under section 401 and \navailable for programs and activities that include a priority emphasis \non public health measures to prevent the sexual transmission of HIV \nshall be dedicated to abstinence and fidelity as components of a \ncomprehensive approach including abstinence, fidelity, and the correct \nand consistent use of condoms, consistent with other provisions of law \nand the epidemiology of HIV infection in a given country. Programs and \nactivities that implement or purchase new prevention technologies or \nmodalities such as medical male circumcision, pre-exposure prophylaxis, \nor microbicides shall not be included in determining compliance with \nthis subsection.''.\n (b) Extension of Orphans and Vulnerable Children Funding \nRequirement.--Section 403(b) of the Act (22 U.S.C. 7673(b)) is amended \nby striking ``2008'' and inserting ``2013''.\n\nSEC. 4. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) On May 30, 2007, President George W. Bush announced his \n intent to double the commitment of the United States to fight \n global HIV\/AIDS with a new $30,000,000,000, 5-year proposal to \n reauthorize the United States Leadership Against HIV\/AIDS, \n Tuberculosis, and Malaria Act of 2003.\n (2) With the enactment of the President's fiscal year 2008 \n budget, the United States Government will have committed \n $18,000,000,000 to the President's Emergency Plan for AIDS \n Relief (PEPFAR), which exceeds the original 5-year, \n $15,000,000,000 commitment.\n (3) After 3 years of PEPFAR implementation, the American \n people have supported treatment of 1,100,000 people in the 15 \n focus countries, including more than 1,000,000 people in \n Africa.\n (4) PEPFAR is on track to meet its 5-year goals to support \n treatment for 2,000,000 people, prevention of 7,000,000 new \n infections, and care for 10,000,000 people, including orphans \n and vulnerable children.\n (5) The success of PEPFAR is rooted in support for country-\n owned strategies and programs with commitment of resources and \n dedication to results, achieved through the power of \n partnerships with governments, with nongovernmental, faith-\n based, and community-based organizations, and with the private \n sector.\n (6) United States efforts to address global HIV\/AIDS will \n be multiplied by engaging in partnerships with countries \n dedicating to fighting their HIV epidemics and with \n multilateral partners, such as the Global Fund, which can help \n leverage international resources and build upon the efforts of \n the United States to combat global HIV\/AIDS. In his \n announcement of his intent to double the commitment of the \n United States to fight global HIV\/AIDS, President Bush \n reiterated his call for developed and developing countries, in \n particular middle-income countries where projections suggest \n many new infections will occur, to increase their contributions \n to fighting AIDS. HIV\/AIDS is a global crisis that requires a \n global response. The United States currently provides as many \n resources for global HIV\/AIDS as all other developed country \n governments combined. But only together can we turn the tide \n against the global epidemic.\n (b) Purpose.--It is the purpose of this Act to expand PEPFAR, \nincluding the expansion of life-saving treatment, comprehensive \nprevention programs, and care for those in need, including orphans and \nvulnerable children, in the next 5-year period as a signal of the \ncommitment of the United States to support, strengthen, and expand \nUnited States and global efforts to address these health crises in \npartnership with others.\n\nSEC. 5. UNITED STATES FINANCIAL PARTICIPATION IN THE GLOBAL FUND.\n\n (a) Authority To Increase Proportional Support.--Section 202(d) of \nthe Act (22 U.S.C. 7622(d)) is amended by adding at the end the \nfollowing new paragraph:\n ``(5) Authority to increase proportional support.--\n ``(A) Findings.--Congress makes the following \n findings:\n ``(i) The Global Fund to Fight AIDS, \n Tuberculosis and Malaria is an innovative \n financing mechanism to combat the three \n diseases, and it has made progress in many \n areas.\n ``(ii) The United States Government is the \n largest supporter of the Fund, both in terms of \n resources and technical support.\n ``(iii) The United States made the founding \n contribution to the Funds, remains committed to \n the original vision for the Fund, and is fully \n committed to its success.\n ``(B) Authority.--The President may increase \n proportional support for the Fund, within the amount \n authorized to be appropriated by this Act, if \n benchmarks for performance, accountability, and \n transparency are satisfactorily met, and if the Fund \n remains committed to its founding principles. The \n United States Global AIDS Coordinator should consider \n the benchmarks set forth in subparagraphs (C) and (D) \n in assessing whether to make the annual contribution of \n the United States Government to the Fund.\n ``(C) Benchmarks related to transparency and \n accountability.--Increased proportional support for the \n Fund should be based upon achievement of the following \n benchmarks related to transparency and accountability:\n ``(i) As recommended by the Government \n Accountability Office, the Fund Secretariat has \n established standardized expectations for the \n performance of Local Fund Agents (LFAs), is \n undertaking a systematic assessment of the \n performance of LFAs, and is making available \n for public review, according to the Fund \n Board's policies and practices on disclosure of \n information, a regular collection and analysis \n of performance data of Fund grants, which shall \n cover both Principal Recipients and sub-\n recipients.\n ``(ii) A well-staffed, independent Office \n of the Inspector General reports directly to \n the Board and is responsible for regular, \n publicly published audits of both financial and \n programmatic and reporting aspects of the Fund, \n its grantees, and LFAs.\n ``(iii) The Fund Secretariat has \n established and is reporting publicly on \n standard indicators for all program areas.\n ``(iv) The Fund Secretariat has established \n a database that tracks all sub-recipients and \n the amounts of funds disbursed to each, as well \n as the distribution of resources, by grant and \n Principal Recipient, for prevention, care, \n treatment, the purchases of drugs and \n commodities, and other purposes.\n ``(v) The Fund Board has established a \n penalty to offset tariffs imposed by national \n governments on all goods and services provided \n by the Fund.\n ``(vi) The Fund Board has successfully \n terminated its Administrative Services \n Agreement with the World Health Organization \n and completed the Fund Secretariat's transition \n to a fully independent status under the \n Headquarters Agreement the Fund has established \n with the Government of Switzerland.\n ``(D) Benchmarks related to principles of fund.--\n Increased proportional support for the Fund should be \n based upon achievement of the following benchmarks \n related to the founding principles of the Fund:\n ``(i) The Fund must maintain its status as \n a financing institution.\n ``(ii) The Fund must remain focused on \n programs directly related to HIV\/AIDS, malaria, \n and tuberculosis.\n ``(iii) The Fund Board must maintain its \n Comprehensive Funding Policy, which requires \n confirmed pledges to cover the full amount of \n new grants before the Board approves them.\n ``(iv) The Fund must maintain and make \n progress on sustaining its multi-sectoral \n approach, through Country Coordinating \n Mechanisms (CCMs) and in the implementation of \n grants, as reflected in percent and resources \n allocated to different sectors, including \n governments, civil society, and faith- and \n community-based organizations.''.\n (b) Extension of Authorization.--Section 202(d) of such Act is \nfurther amended by striking ``2008'' each place it appears and \ninserting ``2013''.","summary":"HIVAIDS Assistance Reauthorization Act of 2007 - Amends the United States Leadership Against HIVAIDS, Tuberculosis, and Malaria Act of 2003 to authorize appropriations for HIVAIDS assistance. Revises fund allocation provisions, including requiring that at least 50 of funds be made available for the promotion of abstinence, fidelity, and other preventative measures. Extends the minimum 10 funding obligation for orphans and vulnerable children through FY2013. Authorizes the President to increase proportional support for the Global Fund to Fight AIDS, Tuberculosis and Malaria, within the authorized amounts under this Act, if specified performance, accountability, and transparency benchmarks are met. Authorizes appropriations for Fund contributions through FY2013.","title":"A bill to reauthorize HIV\/AIDS assistance.","text_len":11055,"sum_len":770} {"bill_id":"107_hr3954","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caribbean National Forest Wild and \nScenic Rivers Act of 2002''.\n\nSEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, \n PUERTO RICO.\n\n (a) Findings.--The Congress finds the following:\n (1) In the revised land and resource management plan for the \n Caribbean National Forest\/Luquillo Experimental Forest, approved \n April 17, 1997, and the environmental impact statement prepared as \n part of the plan, the Secretary of Agriculture examined the \n suitability of rivers within the Caribbean National Forest\/Luquillo \n Experimental Forest for inclusion in the National Wild and Scenic \n Rivers System.\n (2) Based on such examination, the Rio Icacos, Rio Mameyes, and \n Rio de La Mina were found to be free flowing waterways and to \n possess outstandingly remarkable scenic, recreational, geological, \n hydrological, biological, historical, and cultural values, and, \n therefore, to qualify for addition to the National Wild and Scenic \n Rivers System.\n (b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act \n(16 U.S.C. 1274(a)) is amended by adding at the end the following new \nparagraph:\n ``(____) Rivers of Caribbean National Forest, Puerto Rico.--\n ``(A) Rio mameyes.--The segment of approximately 4.5 miles from \n its headwaters in the Bano de Oro Research Natural Area to the \n boundary of the Caribbean National Forest, to be administered by \n the Secretary of Agriculture as follows:\n ``(i) As a wild river from its headwaters in the Bano de \n Oro Research Natural Area to the crossing point of Trail No. \n 24\/11 (approximately 500 feet upstream from the confluence with \n the Rio de La Mina), a total of approximately 2.1 miles.\n ``(ii) As a scenic river from the crossing point of Trail \n No. 24\/11 to the access point of Trail No. 7, a total of \n approximately 1.4 miles.\n ``(iii) As a recreational river from the access point of \n Trail No. 7 to the national forest boundary, a total of \n approximately 1.0 miles.\n ``(B) Rio de la mina.--The segment of approximately 2.1 miles \n from its headwaters to its confluence with the Rio Mameyes, to be \n administered by the Secretary of Agriculture as follows:\n ``(i) As a recreational river from its headwaters in the El \n Yunque Recreation Area downstream to La Mina Falls, a total of \n approximately 0.9 miles.\n ``(ii) As a scenic river from La Mina falls downstream to \n its confluence with the Rio Mameyes, a total of approximately \n 1.2 miles.\n ``(C) Rio icacos.--The segment of approximately 2.3 miles from \n its headwaters to the boundary of the Caribbean National Forest, to \n be administered by the Secretary of Agriculture as a scenic \n river.''.\n (c) Special Management Considerations.--\n (1) Certain permitted activities.--Subject to paragraph (2), \n the amendment made by the subsection (b) and the applicability of \n the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the \n river segments added to the National Wild and Scenic Rivers System \n by the amendment shall not be construed to prevent any of the \n following activities within the boundaries of the river segments:\n (A) Installation and maintenance of hydrologic, \n meteorological, climatological, or atmospheric data collection \n and transmission facilities, or any combination of such \n facilities, when the Secretary of Agriculture determines that \n such facilities are essential to the scientific research \n purposes of the Luquillo Experimental Forest.\n (B) Construction and maintenance of nesting structures, \n observation blinds, and population monitoring platforms for \n threatened and endangered species.\n (C) Construction and maintenance of trails to such \n facilities as necessary for research purposes and for the \n recovery of threatened and endangered species.\n (2) Conditions.--The activities authorized by paragraph (1) \n shall be subject to such conditions as the Secretary considers \n desirable. The Secretary shall ensure that the scale and scope of \n such activities within the boundaries of a river segment added to \n the National Wild and Scenic Rivers System by the amendment made by \n the subsection (b) are not detrimental to the characteristics of \n the river segment that merited its designation as a wild, scenic, \n or recreational river.\n (d) Preservation of Commonwealth Authority.--Nothing in this \nsection or the amendment made by this section shall be construed to \nlimit the authority of the Commonwealth of Puerto Rico over waters and \nnatural channels of public domain pursuant to the laws of the \nCommonwealth of Puerto Rico.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System. Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest. (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species. Or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river.","title":"To designate certain waterways in the Caribbean National Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System, and for other purposes.","text_len":5202,"sum_len":1349} {"bill_id":"113_s2558","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Colonias Improvement Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Covered program.--The term ``covered program'' means--\n (A) water and waste facility loans and grants under \n section 306C of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 1926c);\n (B) wastewater assistance to colonias under section \n 307 of the Safe Drinking Water Act Amendments of 1996 \n (33 U.S.C. 1281 note; Public Law 104-182);\n (C) drinking water assistance to colonias under \n section 1456 of the Public Health Service Act (42 \n U.S.C. 300j-16);\n (D) housing assistance under section 509(f) of the \n Housing Act of 1949 (42 U.S.C. 1479(f));\n (E) community development block grant assistance \n under section 916 of the Cranston-Gonzalez National \n Affordable Housing Act (42 U.S.C. 5306 note; Public Law \n 101-625);\n (F) assistance under section 108 of the Housing and \n Community Development Act of 1974 (42 U.S.C. 5308); and\n (G) any other program of the Environmental \n Protection Agency, the Department of Housing and Urban \n Development, or the Department of Agriculture that \n specifically includes assistance for colonias, as \n determined by the Administrator.\n\nSEC. 3. REVISED DEFINITION.\n\n (a) Revised Definition Required.--Not later than 180 days after the \ndate of enactment of this Act, the Administrator, in consultation with \nthe Secretary of Housing and Urban Development and the Secretary of \nAgriculture, shall issue a proposed rule containing a definition of the \nterm ``colonia'' that--\n (1) is the same for each covered program, to the extent \n consistent with the provisions of law described in \n subparagraphs (A) through (F) of section 2(2) and the \n requirements of any program described in subparagraph (G) of \n such section 2(2);\n (2) is limited to a community that--\n (A) is located within 75 miles of the border \n between the United States and Mexico; or\n (B) has applied for or received funding under a \n covered program before the date of enactment of this \n Act;\n (3) reflects and preserves the historic, geographic, and \n cultural character of the communities served by the covered \n programs; and\n (4) may be used to determine whether an applicant qualifies \n for assistance under any covered program.\n (b) Exemptions.--The rule issued under subsection (a) may include a \nprocess by which the Administrator may request a limited exemption from \nthe application of the revised definition to a covered program.\n (c) Final Rule.--The Administrator shall ensure that the final rule \nunder subsection (a) takes effect not later than 1 year after the date \nof enactment of this Act.\n\nSEC. 4. WEBPAGE.\n\n The Administrator, the Secretary of Housing and Urban Development, \nand the Secretary of Agriculture shall establish and regularly update a \nwebpage that--\n (1) serves as a clearinghouse for information relating to \n the covered programs; and\n (2) includes links to information specific to each State in \n which a covered program operates, including local contact \n information.\n\nSEC. 5. WORKING GROUP.\n\n (a) Establishment.--The Administrator shall establish a working \ngroup that includes the Secretary of Housing and Urban Development and \nthe Secretary of Agriculture--\n (1) to review covered programs;\n (2) to record information relating to each award that is \n and has been made under a covered program;\n (3) to hold public hearings relating to covered programs; \n and\n (4) to make recommendations to Congress for improvements to \n covered programs, including improvements--\n (A) that address the economic and social \n development of colonias; and\n (B) to the application process for covered \n programs.\n (b) Report.--Not later than 18 months after the date of enactment \nof this Act, the Administrator shall submit to Congress a report that \nincludes--\n (1) the results of the review under subsection (a)(1);\n (2) a summary of the information recorded under subsection \n (a)(2);\n (3) the recommendations under subsection (a)(3);\n (4) a plan to include transportation planning and health \n considerations in covered programs;\n (5) a survey of needs that are not met by covered programs;\n (6) a plan to develop key indicators for living standards \n in communities served by covered programs, including health, \n education, and housing conditions;\n (7) proposed metrics for tracking the success of covered \n programs and identifying areas for the improvement of covered \n programs; and\n (8) any other applicable information, as determined by the \n Administrator.\n\nSEC. 6. CULTURAL SENSITIVITY.\n\n The Administrator, and any person working with the Administrator to \ncarry out a covered program, shall make every effort--\n (1) to carry out this Act in a manner that is sensitive to \n the cultural and regional differences among communities served \n by covered programs; and\n (2) to work with local organizations that carry out \n activities in communities served by covered programs.","summary":"Colonias Improvement Act of 2014 - Directs the Environmental Protection Agency (EPA) to issue, in consultation with the Department of Housing and Urban Development (HUD) and the Department of Agriculture (USDA), a rule defining colonia that: is the same for any program of the EPA, HUD, or USDA that specifically includes assistance for colonias. Is limited to a community that is located within 75 miles of the border or that has applied for or received funding under a covered program before this Act's enactment. Reflects and preserves the historic, geographic, and cultural character of the communities served by the covered program. And may be used to determine whether an applicant qualifies for assistance under a program. Directs the EPA, HUD, and USDA to establish and update an online clearinghouse with information relating to covered programs and links to information specific to each state. Requires EPA to establish a working group that includes HUD and USDA to review covered programs, record information relating to each award made under a covered program, hold public hearings, and make recommendations to Congress for improving the programs.","title":"Colonias Improvement Act of 2014","text_len":6029,"sum_len":1159} {"bill_id":"111_hr5478","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Green Railcar Enhancement Act of \n2010''.\n\nSEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, the freight \nrailcar replacement or modernization credit determined under this \nsection for the taxable year is an amount equal to 25 percent of the \nsum of--\n ``(1) the basis of any qualified freight railcar placed in \n service by the taxpayer during the taxable year, plus\n ``(2) the qualified freight railcar rebuild expenditures of \n the taxpayer for the taxable year.\n ``(b) Qualified Freight Railcar.--\n ``(1) In general.--For purposes of this section, the term \n `qualified freight railcar' means a freight railcar which--\n ``(A) is acquired or rebuilt by the taxpayer \n pursuant to a binding agreement entered into after the \n date of the enactment of this section, and\n ``(B) meets the capacity or fuel efficiency \n improvement requirements of paragraph (2).\n ``(2) Capacity or fuel efficiency requirements.--\n ``(A) In general.--A freight railcar shall be \n treated as meeting the capacity or fuel efficiency \n requirements of this paragraph if--\n ``(i) in the case of a freight railcar \n which is acquired by the taxpayer during the \n taxable year (`replacement railcar'), the \n taxpayer identifies another railcar (although \n not necessarily one being used for an identical \n purpose) which the taxpayer certifies--\n ``(I) was removed permanently from \n service as a freight railcar during the \n taxable year, or\n ``(II) is being rebuilt in such a \n manner as to achieve a significant \n improvement in capacity or fuel \n efficiency, or\n ``(ii) in the case of a freight railcar \n rebuilt by the taxpayer, such rebuilding \n results in a significant improvement in \n capacity or fuel efficiency.\n ``(B) Ownership not required.--For purposes of \n subparagraph (A)(i), such other railcar may be one \n owned by the taxpayer or one owned by another taxpayer, \n so long as there exists a binding agreement to so \n remove or rebuild the railcar.\n ``(C) Significant improvement.--For purposes of \n subparagraph (A), an improvement in capacity or fuel \n efficiency with respect to a freight railcar shall be \n treated as significant if such capacity or fuel \n efficiency, as the case may be, is increased by at \n least 8 percent.\n ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes \nof this section, the term `qualified freight railcar rebuild \nexpenditure' means any amount paid or incurred--\n ``(1) in connection with the modification of a freight \n railcar resulting in such railcar being a qualified freight \n railcar, and\n ``(2) which is properly chargeable to a capital account \n with respect to such freight railcar.\n ``(d) Other Special Rules.--\n ``(1) Coordination with other credits.--Any amount taken \n into account in determining the credit under this section may \n not be taken into account in determining a credit under any \n other provision of this title.\n ``(2) Basis adjustment.--For purposes of this subtitle, if \n a credit is allowed under subsection (a) with respect to any \n qualified freight railcar, the basis of such railcar shall be \n reduced by the amount of the credit so allowed.\n ``(3) Sale-leaseback.--For purposes of subsection (a)(1), \n if any qualified freight railcar is--\n ``(A) originally placed in service by a person \n after [the date of the enactment of this section], and\n ``(B) sold and leased back by such person within 3 \n months after the railcars are originally placed in \n service (or, in the case of more than 1 railcar subject \n to the same lease, within 3 months after the date the \n final railcar is placed in service, so long as the \n period between the time the first railcar is placed in \n service and the time the last railcar is placed in \n service does not exceed 12 months),\n such railcars shall be treated as originally placed in service \n not earlier than the date on which such railcars are used under \n the leaseback referred to in subparagraph (B).\n ``(4) Syndication.--For purposes of subsection (a)(1), if--\n ``(A) any qualified freight railcar is originally \n placed in service after the date of enactment of this \n section by the lessor of such railcar,\n ``(B) such railcar is sold by such lessor or any \n subsequent purchaser within 3 months after the date \n such railcar was originally placed in service (or, in \n the case of more than 1 railcar subject to the same \n lease, within 3 months after the date the final railcar \n is placed in service and the time the last railcar is \n placed in service does not exceed 12 months), and\n ``(C) the user of such railcar after the last sale \n during such 3-month period remains the same as when \n such railcar was originally placed in service,\n such railcars shall be treated as originally placed in service \n not earlier than the date of such last sale.\n ``(5) Recapture.--The benefit of any credit allowable under \n subsection (a) shall, under regulations prescribed by the \n Secretary, be recaptured with respect to any qualified freight \n railcar that is sold or otherwise disposed of by the taxpayer \n during the 5-year period beginning on the date on which such \n railcar is originally placed in service. The preceding sentence \n shall not apply to a qualified freight railcar that is sold by \n and subsequently leased back to the taxpayer.\n ``(6) Reporting requirements.--The Secretary, in \n consultation with the Surface Transportation Board, may develop \n appropriate reporting requirements for taxpayers utilizing this \n credit.\n ``(e) Termination.--This section shall not apply to any freight \nrailcars acquired, or with respect to which at least 50 percent of the \nrebuilding is completed, after December 31, 2011.''.\n (b) Credit Allowed as Business Credit.--Section 38(b) of the \nInternal Revenue Code of 1986 (relating to current year business \ncredit) is amended by striking ``plus'' at the end of paragraph (34), \nby striking the period at the end of paragraph (35) and inserting ``, \nplus'' and by adding at the end the following new paragraph:\n ``(36) the freight railcar replacement or modernization \n credit determined under section 45R.''.\n (c) Coordination With Section 55.--Section 38(c)(4)(B) of the \nInternal Revenue Code of 1986 is amended by striking ``and'' at the end \nof clause (vii), by striking the period at the end of clause (viii) and \ninserting ``, and'' and by adding at the end the following new clause:\n ``(ix) the credit determined under section \n 45R.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45Q the \nfollowing new item:\n\n``Sec. 45R. Freight railcar replacement or modernization credit.''.\n (e) Effective Date.--The amendments made by this section shall \napply to property placed in service, and amounts paid or incurred, \nafter December 31, 2009.","summary":"Green Railcar Enhancement Act of 2010 - Amends the Internal Revenue Code to allow, through 2011, a new business-related tax credit for 25 of the cost of acquiring or rebuilding freight railcars which achieve an increase in capacity or fuel efficiency of at least 8.","title":"To amend the Internal Revenue Code of 1986 to provide an incentive to encourage the replacement of inefficient, outdated freight railcars with greener, more fuel efficient vehicles.","text_len":8790,"sum_len":265} {"bill_id":"111_hr4818","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Reform Act of 2010'' \nor the ``Not Too Small to Succeed in Business Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Small businesses are a vital part of the economy of the \n United States.\n (2) The 26,800,000 small businesses in the United States \n account for more than 99.7 percent of all employer firms.\n (3) Small businesses employ just over half of all private \n sector employees.\n (4) Four million one-hundred thousand small businesses \n owned by individuals who are members of economically \n disadvantaged groups generate approximately $694,000,000,000 in \n revenues and employ approximately 4,800,000 individuals each \n year.\n (5) Small businesses need help to remain competitive in the \n global economy, particularly during difficult economic times.\n (6) Economically disadvantaged-owned businesses receive \n less than 7 percent of venture capital.\n (7) Seventy percent of small businesses survive at least 2 \n years, but less than half survive 5 years.\n (8) The Small Business Administration was established in \n 1953 by the Federal Government to aid, counsel, assist, and \n protect the interests of small business concerns, to preserve \n free competitive enterprise, and to maintain and strengthen the \n overall economy of the United States.\n (9) The Small Business Administration assists firms owned \n and controlled by economically disadvantaged individuals to \n enter the economic mainstream by providing firm-specific \n analysis, counseling, management training, professional \n consulting and monitoring services, and access to business \n development opportunities under section 8(a) of the Small \n Business Act.\n (10) Although the program under section 8(a) is well \n intended, the problems of the program are well known.\n (11) The program under section 8(a) has a record of \n graduating companies that are not sufficiently prepared to \n compete for contracts with large and established companies in \n the private sector, resulting in a large number of former \n participants in the program failing to remain in business \n shortly after leaving the program.\n (12) The problem of graduating companies from the program \n under section 8(a) that are not sufficiently prepared to \n compete for contracts with large and established companies in \n the private sector is caused by the reliance of the Small \n Business Administration on outdated measures of adjusted gross \n income and net worth in determining whether a company \n participating in the program continues to be economically \n disadvantaged.\n (13) Reliance by the Small Business Administration on \n measures that do not reflect contemporary conditions has had, \n and will continue to have, the unintended consequence of \n keeping small businesses too small to succeed, which is as \n undesirable as protecting companies that are too big to fail.\n\nSEC. 3. IMPROVEMENT OF PROGRAM UNDER SECTION 8(A) OF THE SMALL BUSINESS \n ACT.\n\n (a) Period of Eligibility.--\n (1) Extension.--Section 7(j)(15) of the Small Business Act \n (15 U.S.C. 636(j)(15)) is amended--\n (A) in the matter preceding subparagraph (A) by \n striking ``nine years'' and inserting ``11 years''; and\n (B) in subparagraph (B) by striking ``five years'' \n and inserting ``7 years''.\n (2) Completed periods.--A small business concern that \n completed a 9-year period of participation in the program under \n section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior \n to the date of enactment of this Act and that is otherwise \n eligible to participate in such program except for having \n completed such 9-year period, and current net worth exceeds \n $750,000 but still less than $2,250,000, may participate in \n such program during the 2-year period beginning on the date of \n enactment of this Act.\n (b) Net Worth and Income Limitations.--\n (1) Increase.--Section 8(a)(6)(A) of the Small Business Act \n (15 U.S.C. 637(a)(6)(A)) is amended by inserting after \n ``disadvantaged individual.'' the following: ``For purposes of \n eligibility for admission as a Program Participant the net \n worth of such individual may be any amount not exceeding \n $750,000 and for purposes of continued eligibility after \n admission the net worth of such individual may be any amount \n not exceeding $2,250,000. For purposes of eligibility for \n admission as a Program Participant and continued eligibility \n after admission, the modified adjusted gross income (as such \n term is defined in section 25A(d)(3) of the Internal Revenue \n Code of 1986) of such individual for an applicable taxable year \n may be any amount not exceeding $500,000.''.\n (2) Completed periods of participation.--If the \n Administrator of the Small Business Administration graduated a \n small business concern from the program under section 8(a) of \n the Small Business Act (15 U.S.C. 637(a)) prior to the date of \n enactment of this Act as a result of a determination that such \n concern did not meet standards relating to economic \n disadvantage and such concern meets requirements under such \n section as amended by this Act, such concern may participate in \n such program for a period--\n (A) of 11 years less the period of time such \n concern previously participated in such program; and\n (B) beginning on the date of enactment of this Act.","summary":"Small Business Reform Act of 2010 or Not Too Small to Succeed in Business Act of 2010 - Amends the Small Business Act to extend from: (1) 9 to 11 years the period that a small business may receive developmental assistance under the Minority Small Business and Capital Ownership Development Program (Program). And (2) five to seven years the period that such a small business may spend in the Program's transitional stage. Allows small businesses that previously completed the 9-year period, above, and whose current net worth exceeds $750,000 but is less than $2.25 million to participate for an additional two years. Sets net worth limits for individual Program participants at: (1) $750,000, for Program admission, (2) $2.25 million, for continued Program participation after admission. And (3) $500,000 adjusted gross income, for Program admission and continued eligibility. Provides that, if the Administrator of the Small Business Administration (SBA) graduated a small business from the Program prior to the date of enactment of this Act on the basis that the small business did not meet standards relating to economic disadvantage and the small business now meets such standards, the small business may participate in the Program for 11 years less any period of previous participation.","title":"To amend the Small Business Act to improve the program under section 8(a), and for other purposes.","text_len":6126,"sum_len":1292} {"bill_id":"104_hr3850","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``English Language Empowerment Act of \n1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares the following:\n (1) The United States is comprised of individuals and \n groups from diverse ethnic, cultural, and linguistic \n backgrounds.\n (2) The United States has benefited and continues to \n benefit from this rich diversity.\n (3) Throughout the history of the United States, the common \n thread binding individuals of differing backgrounds has been a \n common language.\n (4) In order to preserve unity in diversity, and to prevent \n division along linguistic lines, the Federal Government should \n maintain a language common to all people.\n (5) English has historically been the common language and \n the language of opportunity in the United States.\n (6) The purpose of this Act is to help immigrants better \n assimilate and take full advantage of economic and occupational \n opportunities in the United States.\n (7) By learning the English language, immigrants will be \n empowered with the language skills and literacy necessary to \n become responsible citizens and productive workers in the \n United States.\n (8) The use of a single common language in conducting \n official business of the Federal Government will promote \n efficiency and fairness to all people.\n (9) English should be recognized in law as the language of \n official business of the Federal Government.\n (10) Any monetary savings derived from the enactment of \n this Act should be used for the teaching of non-English \n speaking immigrants the English language.\n\nSEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT.\n\n (a) In General.--Title 4, United States Code, is amended by adding \nat the end the following new chapter:\n\n ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT\n\n``Sec.\n``161. Declaration of official language of Federal Government.\n``162. Preserving and enhancing the role of the official language.\n``163. Official Federal Government activities in English.\n``164. Standing.\n``165. Reform of naturalization requirements.\n``166. Rule of construction.\n``167. Definitions.\n``Sec. 161. Declaration of official language of Federal Government\n ``The official language of the Federal Government is English.\n``Sec. 162. Preserving and enhancing the role of the official language\n ``The Federal Government shall have an affirmative obligation to \npreserve and enhance the role of English as the official language of \nthe Federal Government. Such obligation shall include encouraging \ngreater opportunities for individuals to learn the English language.\n``Sec. 163. Official Federal Government activities in English\n ``(a) Conduct of Business.--The Federal Government shall conduct \nits official business in English.\n ``(b) Denial of Services.--No person shall be denied services, \nassistance, or facilities, directly or indirectly provided by the \nFederal Government solely because the person communicates in English.\n ``(c) Entitlement.--Every person in the United States is entitled--\n ``(1) to communicate with the Federal Government in \n English;\n ``(2) to receive information from or contribute information \n to the Federal Government in English; and\n ``(3) to be informed of or be subject to official orders in \n English.\n``Sec. 164. Standing\n ``A person injured by a violation of this chapter may in a civil \naction (including an action under chapter 151 of title 28) obtain \nappropriate relief.\n``Sec. 165. Reform of naturalization requirements\n ``(a) Fluency.--It has been the longstanding national belief that \nfull citizenship in the United States requires fluency in English. \nEnglish is the language of opportunity for all immigrants to take their \nrightful place in society in the United States.\n ``(b) Ceremonies.--All authorized officials shall conduct all \nnaturalization ceremonies entirely in English.\n``Sec. 166. Rule of construction\n ``Nothing in this chapter shall be construed--\n ``(1) to prohibit a Member of Congress, an employee or \n official of the Federal Government, while performing official \n business, from communicating orally in a foreign language with \n another person.\n ``(2) to discriminate against or restrict the rights of any \n individual in the country;\n ``(3) to discourage or prevent the use of languages other \n than English in any nonofficial capacity; and\n ``(4) except where an existing Federal law directly \n contravenes the amendments made by such section (such as by \n requiring the use of a language other than English for official \n business of the Federal Government), to repeal existing Federal \n laws.\n``Sec. 167. Definitions\n ``For purposes of this chapter:\n ``(1) Federal Government.--The term `Federal Government' \n means all branches of the Federal Government and all employees \n and officials of the Federal Government while performing \n official business.\n ``(2) Official business.--The term `official business' \n means governmental actions, documents, or policies which are \n enforceable with the full weight and authority of the Federal \n Government, and includes publications, income tax forms, \n informational materials, and the contents of franked mail (as \n described in section 3210 of title 39, United States Code), but \n does not include--\n ``(A) teaching of foreign languages;\n ``(B) actions, documents, or policies necessary for \n international relations, trade, or commerce;\n ``(C) actions or documents that protect the public \n health and safety;\n ``(D) actions, documents, or policies that are not \n enforceable in the United States;\n ``(E) actions that protect the rights of victims of \n crimes or criminal defendants; or\n ``(F) documents that utilize terms of art or \n phrases from languages other than English.''.\n (b) Conforming Amendment.--The table of chapters for title 4, \nUnited States Code, is amended by adding at the end the following new \nitem:\n\n``6. Language of the Federal Government..................... 161''.\n\nSEC. 4. PREEMPTION.\n\n This Act (and the amendments made by this Act) shall not preempt \nany law of any State.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by section 3 shall take effect upon the date of \nenactment of this Act, except that no suit may be commenced to enforce \nor determine rights under chapter 6 of title 4, United States Code, \nuntil the date that is 1 year after the date of the enactment of this \nAct.","summary":"English Language Empowerment Act of 1996 - Declares English to be the official language of the US Government. States that the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires the Federal Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Sets forth definitions for purposes of this Act.","title":"English Language Empowerment Act of 1996","text_len":7103,"sum_len":582} {"bill_id":"114_hr2518","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Right to Know Before You Go \nAct of 2015''.\n\nSEC. 2. AMENDMENT TO PROGRAM PARTICIPATION AGREEMENTS.\n\n Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. \n1094(a)(17)) is amended by inserting ``and including the requirements \nof section 493E'' after ``as designated by the Secretary''.\n\nSEC. 3. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR \n STUDENTS.\n\n Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is \namended by adding at the end the following:\n ``(n) Alignment With Institutional Reporting Requirements Related \nto IPEDS.--\n ``(1) In general.--Not later than 6 months after the date \n of enactment of the Student Right to Know Before You Go Act of \n 2015, the Secretary shall issue guidance outlining which data \n metrics required to be submitted by institutions of higher \n education under section 493E are duplicative of institutional \n reporting requirements under this section and other provisions \n of this Act.\n ``(2) Link to institutional reporting website.--Not later \n than 5 years after the date of enactment of the Student Right \n to Know Before You Go Act of 2015, an institution of higher \n education participating in any program under this title shall--\n ``(A) not be required to make available such \n duplicative requirements, as determined under paragraph \n (1), under this section and other provisions of this \n Act; and\n ``(B) provide a prominently displayed link on the \n institution's website to the website described in \n section 493E(e)(2).''.\n\nSEC. 4. INSTITUTIONAL REPORTING REQUIREMENTS.\n\n (a) Amendment to Database of Student Information Prohibited.--\nSection 134(b) of the Higher Education Act of 1965 (20 U.S.C. 1015c(b)) \nis amended--\n (1) in paragraph (1), by striking ``and'' after the \n semicolon;\n (2) in paragraph (2), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(3) is necessary to carry out section 493E.''.\n (b) Reporting Requirements.--Part G of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at \nthe end the following:\n\n``SEC. 493E. INSTITUTIONAL REPORTING REQUIREMENTS.\n\n ``(a) In General.--\n ``(1) Submission of data.--Each institution of higher \n education participating in a program under this title shall \n submit to the Secretary data sufficient, as determined by the \n Secretary, to complete all student components of reporting \n required for the Integrated Postsecondary Education Data System \n (referred to in this section as `IPEDS').\n ``(2) Guidance.--Not later than 1 year after the date of \n enactment of the Student Right to Know Before You Go Act of \n 2015, the Secretary shall submit to institutions of higher \n education guidance related to the submission of data under this \n subsection.\n ``(3) Review.--The Secretary shall review, every 5 years, \n the determination of the categories of data that shall be \n submitted pursuant to paragraph (1).\n ``(b) Establishment of Additional Student Classifications.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of the Student Right to Know Before You Go Act of \n 2015, the Secretary shall--\n ``(A) establish common definitions for institutions \n to follow in submitting the data required under this \n section; and\n ``(B) determine collection and submission \n requirements.\n ``(2) Student-level components of ipeds.--The Secretary \n shall require institutions of higher education participating in \n a program under this title to submit student-level components \n of IPEDS to enable coding and reporting on--\n ``(A) students who participate in remedial \n education at, or through, the institution;\n ``(B) whether, and at what level, the student is \n seeking a degree; and\n ``(C) whether the student is seeking a certificate.\n ``(c) Establishment of New Outcome Metrics.--\n ``(1) In general.--Data submitted to the Secretary under \n subsections (a) and (b) shall be used to calculate all student-\n level components of IPEDS.\n ``(2) Additional measures to be calculated.--In addition to \n the student-level component outcome measures required to be \n calculated by the Secretary on the day before the date of \n enactment of the Student Right to Know Before You Go Act of \n 2015, the Secretary shall, beginning not later than 2 years \n after the date of enactment of the Student Right to Know Before \n You Go Act of 2015, also calculate, at the institutional and \n program-specific levels, the following:\n ``(A) The percentage of students who receive--\n ``(i) Federal grants;\n ``(ii) Federal loans;\n ``(iii) State grants;\n ``(iv) State loans;\n ``(v) institutional grants; or\n ``(vi) institutional loans.\n ``(B) The average amount of total Federal loan debt \n upon student graduation assumed by students while \n enrolled at the institution.\n ``(C) The average amount of total Federal loan debt \n of students who do not complete a program of study 2 \n years after the students' last known enrollment in any \n institution of higher education.\n ``(D) Student transfer rates by sector of transfer, \n which shall be defined as the percentage of students \n who leave an institution and successfully enroll in and \n complete a program of study at another institution, \n including whether the receiving institution is a public \n 4-year institution, public 2-year institution, public \n less-than-2-year institution, private nonprofit 4-year \n institution, private nonprofit 2-year institution, \n private nonprofit less-than-2-year institution, private \n for-profit 4-year institution, private for-profit 2-\n year institution, or private for-profit less-than-2-\n year institution.\n ``(E) Rates of continuation to higher levels of \n education.\n ``(F) The percentage of students who receive the \n degree level they initially sought.\n ``(G) The outcome measures described in \n subparagraphs (A) through (F), in addition to all \n student-level components of IPEDS required to be \n reported on the day before the date of enactment of the \n Student Right to Know Before You Go Act of 2015, \n disaggregated on the basis of the following student \n types:\n ``(i) Students who received a Federal Pell \n Grant.\n ``(ii) Students who received a loan under \n part B or part D, but not a Federal Pell Grant.\n ``(iii) Students who received neither a \n Federal Pell Grant, nor a loan under part B or \n part D.\n ``(iv) Students who are identified as \n veterans or members of the Armed Forces who \n received assistance under the Post-9\/11 \n Veterans Educational Assistance Program under \n chapter 33 of title 38, United States Code, or \n tuition assistance under the laws administered \n by the Secretary of Defense. The Secretary of \n Veterans Affairs and Secretary of the \n Department of Defense shall coordinate with the \n Secretary to make available data sufficient to \n enable such reporting under this clause.\n ``(v) Enrollment status, including the \n following:\n ``(I) First-time, full-time \n students.\n ``(II) First-time, part-time \n students.\n ``(III) Non-first-time, full-time \n students.\n ``(IV) Non-first-time, part-time \n students.\n ``(vi) Enrollment intensity while enrolled \n at the institution, including the following:\n ``(I) Full-time only.\n ``(II) Part-time only.\n ``(III) Mixed enrollment, both \n full- and part-time.\n ``(H) Earning metrics, generated through a system \n established by the Secretary in cooperation with the \n Commissioner of Social Security and using the student \n components of IPEDS, that shall include--\n ``(i) median annual earnings and employment \n metrics, disaggregated by--\n ``(I) educational program based on \n CIP code;\n ``(II) credential received;\n ``(III) educational institution; \n and\n ``(IV) State of employment; and\n ``(ii) the disaggregated median annual \n earnings for each of the categories described \n in subclauses (I) through (IV) of clause (i), \n further disaggregated for each of the following \n time periods:\n ``(I) 2 years after educational \n program completion.\n ``(II) 6 years after educational \n program completion.\n ``(III) 15 years after educational \n program completion.\n ``(I) Other information determined necessary by the \n Secretary.\n ``(3) Consultation.--In carrying out this section, the \n Secretary shall consult extensively with State offices with \n existing, as of the date of the consultation, student-level \n data collections from public and private institutions, \n particularly in the formulation of the calculation and \n reporting standards outlined in this subsection and subsections \n (a) and (b), and the public access to data under subsection \n (e)(2).\n ``(4) Guidelines.--The Secretary shall issue guidelines to \n institutions of higher education regarding the amendments \n needed to the annual privacy notices required under section \n 444(c)(3) of the General Education Provisions Act (commonly \n referred to as the `Family Educational Rights and Privacy Act \n of 1974') of the institutions in order to reference the data \n collection required under this section.\n ``(d) Unauthorized Uses.--\n ``(1) In general.--Any personally identifiable information \n collected for the data system under this section shall not be \n used for any use that is not either specifically authorized by \n this section or permitted as a disclosure under this section.\n ``(2) No federal action.--No action of Federal authority \n may be taken against an individual based on data collected for \n the data system developed under this section. No Federal \n agency, officer, or employee and no recipient of a Federal \n grant, contract, or cooperative agreement may, for any reason, \n require the Secretary or any employee of the Secretary to \n disclose personally identifiable information that has been \n collected or retained under this section.\n ``(3) Immunity.--Personally identifiable information \n collected or retained under this section shall be immune from \n legal process and shall not, without the consent of the \n individual concerned, be admitted as evidence or used for any \n purpose in any action, suit, or other judicial or \n administrative proceeding.\n ``(4) No institution action.--An institution of higher \n education may not use the data system developed under this \n section, or data accessed through such system, to take any \n action against an individual.\n ``(5) Application.--This subsection shall not apply to \n requests for personally identifiable information submitted by \n or on behalf of the individual identified in the information. \n Any such individual has the right to request and receive from \n the Secretary the data containing personally identifiable \n information collected on the individual's behalf, upon \n demonstrating the individual's identity to the satisfaction of \n the Secretary.\n ``(e) Permissible Disclosures.--\n ``(1) Disclosure limitation.--In carrying out the public \n reporting and disclosure requirements of this Act, the \n Secretary shall use appropriate statistical disclosure \n limitation techniques necessary such that the data released to \n the public cannot include personally identifiable information \n or be used to identify specific individuals.\n ``(2) Public availability.--\n ``(A) In general.--The Secretary shall post the \n aggregate data collected under this section on a \n website of the Department in a timely and user-friendly \n manner.\n ``(B) Additional research availability.--The \n Secretary may make available the non-personally \n identifiable data set used to prepare the data for the \n website in accordance with subparagraph (A) to \n researchers performing studies or evaluations approved \n by the Secretary or the Director of the Institute of \n Education Sciences.\n ``(C) Enabling administrative improvement by \n institutions of higher education.--The Secretary shall \n create a process through which institutions of higher \n education participating in programs under this title \n and States may request and receive from the Department \n aggregate student outcome data for the purposes of \n institutional improvement and program evaluation. The \n Secretary shall promulgate regulations to ensure fair \n and equitable access to such data.\n ``(3) No sale of data.--The Secretary shall not sell any \n data collected under this section, including the public use \n data set available under paragraph (2)(B), to any third party.\n ``(f) Ensuring Comparability of Data Metric.--For a period of 5 \nyears following the date of enactment of the Student Right to Know \nBefore You Go Act of 2015, the Secretary shall be responsible for \npublishing all student-level components of IPEDS as such components \nwould have been produced on the day before the date of enactment of the \nStudent Right to Know Before You Go Act of 2015.\n ``(g) Felony for Willful Disclosure.--\n ``(1) In general.--It shall be unlawful for any person who \n obtains or has access to personally identifiable information in \n connection with the data system described in this section to \n willfully disclose such personally identifiable information, in \n any manner, to any person that is not entitled to receive the \n information.\n ``(2) Penalty.--Any person who violates paragraph (1) shall \n be found guilty of a felony and imprisoned for not more than 5 \n years, or fined as specified in section 3571 of title 18, \n United States Code, or both.\n ``(h) Protection of Data.--The Secretary shall promulgate and \nperiodically review guidance and regulations relating to security, \nwhich shall govern the access, use, and disclosure of data collected in \nconnection with the activities authorized in this Act. The regulations \ndeveloped and reviewed shall be consistent with the need to protect \ndata from unauthorized access, use, and disclosure, and shall include--\n ``(1) an audit capability;\n ``(2) access controls; and\n ``(3) requirements to ensure sufficient data security, \n quality, validity, and reliability.\n ``(i) Definition of Personally Identifiable Information.--In this \nsection, the term `personally identifiable information' includes--\n ``(1) a student's name;\n ``(2) the name of a student's parent or other family \n members;\n ``(3) the address of a student or student's family;\n ``(4) a personal identifier, such as a student's social \n security number, student number, or biometric record;\n ``(5) other indirect identifiers, such as a student's date \n of birth, place of birth, and mother's maiden name;\n ``(6) other information that, alone or in combination, is \n linked or linkable to a specific student that would allow a \n reasonable person in the school community, who does not have \n personal knowledge of the relevant circumstances, to identify \n the student with reasonable certainty; or\n ``(7) information requested by a person who the educational \n agency or institution reasonably believes knows the identity of \n the student to whom the education record relates.\n ``(j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2016 through 2024.''.","summary":"Student Right to Know Before You Go Act of 2015 This bill amends the Higher Education Act of 1965 to modify reporting requirements for institutions of higher education (IHEs) that participate in title IV federal financial aid programs. Currently, to retain title IV eligibility, IHEs must report data to the Department of Education (ED) through the Integrated Postsecondary Education Data System (IPEDS). This bill requires IHEs to submit additional student enrollment data to ED to enable coding and reporting on students' level of academic preparation. It also requires ED to calculate additional outcome measures by institution and program, including: the percentage of students who receive federal, state, or institutional grants or loans, the average amount of federal loan debt upon graduation. The average amount of total federal loan debt of students who do not complete a program of study, student transfer rates, rates of continuation to higher levels of education. And the percentage of students who receive the degree they initially sought. ED must report additional outcome measures established by this Act, as well as all existing student data in IPEDS, based on these student types: receipt or non-receipt of federal Pell Grants, receipt or non-receipt of Stafford Loans,nbsp. Participation in the Post-911 Veterans Educational Assistance Program, enrollment status, and enrollment intensity. ED must also, in cooperation with the Social Security Administration, make publicly available data on employment metrics and median annual earnings 2 years, 6 years, and 15 years after program completion. ED must report the data by: education program, credential received, institution, and state of employment.","title":"Student Right to Know Before You Go Act of 2015","text_len":19067,"sum_len":1718} {"bill_id":"112_s1723","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teachers and First Responders Back \nto Work Act of 2011''.\n\n TITLE I--TEACHER STABILIZATION\n\nSEC. 101. PURPOSE.\n\n The purpose of this title is to provide funds to States to prevent \nteacher layoffs and support the creation of additional jobs in public \nearly childhood, elementary, and secondary education in the 2011-2012 \nand 2012-2013 school years.\n\nSEC. 102. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE \n INTERIOR; AVAILABILITY OF FUNDS.\n\n (a) Reservation of Funds.--From the amount appropriated to carry \nout this title under section 111, the Secretary--\n (1) shall reserve up to one-half of one percent to provide \n assistance to the outlying areas on the basis of their \n respective needs, as determined by the Secretary, for \n activities consistent with this part under such terms and \n conditions as the Secretary may determine;\n (2) shall reserve up to one-half of one percent to provide \n assistance to the Secretary of the Interior to carry out \n activities consistent with this part, in schools operated or \n funded by the Bureau of Indian Education; and\n (3) may reserve up to $2,000,000 for administration and \n oversight of this part, including program evaluation.\n (b) Availability of Funds.--Funds made available under section 111 \nshall remain available to the Secretary until September 30, 2012.\n\nSEC. 103. STATE ALLOCATION.\n\n (a) Allocation.--After reserving funds under section 102(a), the \nSecretary shall allocate to the States--\n (1) 60 percent on the basis of their relative population of \n individuals aged 5 through 17; and\n (2) 40 percent on the basis of their relative total \n population.\n (b) Awards.--From the funds allocated under subsection (a), the \nSecretary shall make a grant to the Governor of each State who submits \nan approvable application under section 104.\n (c) Alternate Distribution of Funds.--\n (1) In general.--If, within 30 days after the date of \n enactment of this Act, a Governor has not submitted an \n approvable application to the Secretary, the Secretary shall, \n consistent with paragraph (2), provide for funds allocated to \n that State to be distributed to another entity or other \n entities in the State for the support of early childhood, \n elementary, and secondary education, under such terms and \n conditions as the Secretary may establish.\n (2) Maintenance of effort.--\n (A) Governor assurance.--The Secretary shall not \n allocate funds under paragraph (1) unless the Governor \n of the State provides an assurance to the Secretary \n that the State will, for fiscal years 2012 and 2013, \n meet the requirements of section 108.\n (B) Special rule.--Notwithstanding subparagraph \n (A), the Secretary may allocate up to 50 percent of the \n funds that are available to the State under paragraph \n (1) to another entity or entities in the State, \n provided that the State educational agency submits data \n to the Secretary demonstrating that the State will for \n fiscal year 2012 meet the requirements of section \n 108(a) or the Secretary otherwise determines that the \n State will meet those requirements, or such comparable \n requirements as the Secretary may establish, for that \n year.\n (3) Requirements.--An entity that receives funds under \n paragraph (1) shall use those funds in accordance with the \n requirements of this title.\n (d) Reallocation.--If a State does not receive funding under this \ntitle or only receives a portion of its allocation under subsection \n(c), the Secretary shall reallocate the State's entire allocation or \nthe remaining portion of its allocation, as the case may be, to the \nremaining States in accordance with subsection (a).\n\nSEC. 104. STATE APPLICATION.\n\n The Governor of a State desiring to receive a grant under this \ntitle shall submit an application to the Secretary within 30 days of \nthe date of enactment of this Act, in such manner, and containing such \ninformation, as the Secretary may reasonably require to determine the \nState's compliance with applicable provisions of law.\n\nSEC. 105. STATE RESERVATION AND RESPONSIBILITIES.\n\n (a) Reservation.--Each State receiving a grant under section 103(b) \nmay reserve--\n (1) not more than 10 percent of the grant funds for awards \n to State-funded early learning programs; and\n (2) not more than 2 percent of the grant funds for the \n administrative costs of carrying out its responsibilities under \n this title.\n (b) State Responsibilities.--Each State receiving a grant under \nthis title shall, after reserving any funds under subsection (a)--\n (1) use the remaining grant funds only for awards to local \n educational agencies for the support of early childhood, \n elementary, and secondary education; and\n (2) distribute those funds, through subgrants, to its local \n educational agencies by distributing--\n (A) 60 percent on the basis of the local \n educational agencies' relative shares of enrollment; \n and\n (B) 40 percent on the basis of the local \n educational agencies' relative shares of funds received \n under part A of title I of the Elementary and Secondary \n Education Act of 1965 for fiscal year 2011; and\n (3) make those funds available to local educational \n agencies no later than 100 days after receiving a grant from \n the Secretary.\n (c) Prohibitions.--A State shall not use funds received under this \ntitle to directly or indirectly--\n (1) establish, restore, or supplement a rainy-day fund;\n (2) supplant State funds in a manner that has the effect of \n establishing, restoring, or supplementing a rainy-day fund;\n (3) reduce or retire debt obligations incurred by the \n State; or\n (4) supplant State funds in a manner that has the effect of \n reducing or retiring debt obligations incurred by the State.\n\nSEC. 106. LOCAL EDUCATIONAL AGENCIES.\n\n Each local educational agency that receives a subgrant under this \ntitle--\n (1) shall use the subgrant funds only for compensation and \n benefits and other expenses, such as support services, \n necessary to retain existing employees, recall or rehire former \n employees, or hire new employees to provide early childhood, \n elementary, or secondary educational and related services;\n (2) shall obligate those funds no later than September 30, \n 2013; and\n (3) may not use those funds for general administrative \n expenses or for other support services or expenditures, as \n those terms are defined by the National Center for Education \n Statistics in the Common Core of Data, as of the date of \n enactment of this Act.\n\nSEC. 107. EARLY LEARNING.\n\n Each State-funded early learning program that receives funds under \nthis title shall--\n (1) use those funds only for compensation, benefits, and \n other expenses, such as support services, necessary to retain \n early childhood educators, recall or rehire former early \n childhood educators, or hire new early childhood educators to \n provide early learning services; and\n (2) obligate those funds no later than September 30, 2013.\n\nSEC. 108. MAINTENANCE OF EFFORT.\n\n (a) The Secretary shall not allocate funds to a State under this \ntitle unless the State provides an assurance to the Secretary that--\n (1) for State fiscal year 2012--\n (A) the State will maintain State support for early \n childhood, elementary, and secondary education (in the \n aggregate or on the basis of expenditure per pupil) and \n for public institutions of higher education (not \n including support for capital projects or for research \n and development or tuition and fees paid by students) \n at not less than the level of such support for each of \n the 2 categories for State fiscal year 2011; or\n (B) the State will maintain State support for early \n childhood, elementary, and secondary education and for \n public institutions of higher education (not including \n support for capital projects or for research and \n development or tuition and fees paid by students) at a \n percentage of the total revenues available to the State \n that is equal to or greater than the percentage \n provided for State fiscal year 2011; and\n (2) for State fiscal year 2013--\n (A) the State will maintain State support for early \n childhood, elementary, and secondary education (in the \n aggregate or on the basis of expenditure per pupil) and \n for public institutions of higher education (not \n including support for capital projects or for research \n and development or tuition and fees paid by students) \n at not less than the level of such support for each of \n the two categories for State fiscal year 2012; or\n (B) the State will maintain State support for early \n childhood, elementary, and secondary education and for \n public institutions of higher education (not including \n support for capital projects or for research and \n development or tuition and fees paid by students) at a \n percentage of the total revenues available to the State \n that is equal to or greater than the percentage \n provided for State fiscal year 2012.\n (b) Waiver.--The Secretary may waive the requirements of this \nsection if the Secretary determines that a waiver would be equitable \ndue to--\n (1) exceptional or uncontrollable circumstances, such as a \n natural disaster; or\n (2) a precipitous decline in the financial resources of the \n State.\n\nSEC. 109. REPORTING.\n\n Each State that receives a grant under this title shall submit, on \nan annual basis, a report to the Secretary that contains--\n (1) a description of how funds received under this part \n were expended or obligated; and\n (2) an estimate of the number of jobs supported by the \n State using funds received under this title.\n\nSEC. 110. DEFINITIONS.\n\n In this title:\n (1) Except as otherwise provided, the terms ``local \n educational agency'', ``outlying area'', ``Secretary'', \n ``State'', and ``State educational agency'' have the meanings \n given those terms in section 9101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7801).\n (2) The term ``State'' does not include an outlying area.\n (3) The term ``early childhood educator'' means an \n individual who--\n (A) works directly with children in a State-funded \n early learning program in a low-income community;\n (B) is involved directly in the care, development, \n and education of infants, toddlers, or young children \n age five and under; and\n (C) has completed a baccalaureate or advanced \n degree in early childhood development or early \n childhood education, or in a field related to early \n childhood education.\n (4) The term ``State-funded early learning program'' means \n a program that provides educational services to children from \n birth to kindergarten entry and receives funding from the \n State.\n\nSEC. 111. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated, and there are \nappropriated, $30,000,000,000 to carry out this title for fiscal year \n2012.\n\n TITLE II--FIRST RESPONDER STABILIZATION\n\nSEC. 201. PURPOSE.\n\n The purpose of this title is to provide funds to States and \nlocalities to prevent layoffs of, and support the creation of \nadditional jobs for, law enforcement officers and other first \nresponders.\n\nSEC. 202. GRANT PROGRAM.\n\n The Attorney General shall carry out a competitive grant program \npursuant to section 1701 of title I of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3796dd) for hiring, rehiring, or \nretention of career law enforcement officers under part Q of such \ntitle. Grants awarded under this section shall not be subject to \nsubsections (g) or (i) of section 1701 or to section 1704 of such Act \n(42 U.S.C. 3796dd-3(c)).\n\nSEC. 203. APPROPRIATIONS.\n\n There are hereby appropriated to the Community Oriented Policing \nStabilization Fund out of any money in the Treasury not otherwise \nobligated, $5,000,000,000, to remain available until September 30, \n2012, of which $4,000,000,000 shall be for the Attorney General to \ncarry out the competitive grant program under section 202; and of which \n$1,000,000,000 shall be transferred by the Attorney General to a First \nResponder Stabilization Fund from which the Secretary of Homeland \nSecurity shall make competitive grants for hiring, rehiring, or \nretention pursuant to the Federal Fire Prevention and Control Act of \n1974 (15 U.S.C. 2201 et seq.), to carry out section 34 of such Act (15 \nU.S.C. 2229a). In making such grants, the Secretary may grant waivers \nfrom the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), \n(c)(1), (c)(2), and (c)(4)(A) of section 34. Of the amounts \nappropriated herein, not to exceed $8,000,000 shall be for \nadministrative costs of the Attorney General, and not to exceed \n$2,000,000 shall be for administrative costs of the Secretary of \nHomeland Security.\n\n TITLE III--SURTAX ON MILLIONAIRES\n\nSEC. 301. SURTAX ON MILLIONAIRES.\n\n (a) In General.--Subchapter A of chapter 1 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new part:\n\n ``PART VIII--SURTAX ON MILLIONAIRES\n\n``Sec. 59B. Surtax on millionaires.\n\n``SEC. 59B. SURTAX ON MILLIONAIRES.\n\n ``(a) General Rule.--In the case of a taxpayer other than a \ncorporation for any taxable year beginning after 2012, there is hereby \nimposed (in addition to any other tax imposed by this subtitle) a tax \nequal to 0.5 percent of so much of the modified adjusted gross income \nof the taxpayer for such taxable year as exceeds $1,000,000 ($500,000, \nin the case of a married individual filing a separate return).\n ``(b) Inflation Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning after 2013, each dollar amount under subsection (a) \n shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2011' for `calendar year 1992' in \n subparagraph (B) thereof.\n ``(2) Rounding.--If any amount as adjusted under paragraph \n (1) is not a multiple of $10,000, such amount shall be rounded \n to the next highest multiple of $10,000.\n ``(c) Modified Adjusted Gross Income.--For purposes of this \nsection, the term `modified adjusted gross income' means adjusted gross \nincome reduced by any deduction (not taken into account in determining \nadjusted gross income) allowed for investment interest (as defined in \nsection 163(d)). In the case of an estate or trust, adjusted gross \nincome shall be determined as provided in section 67(e).\n ``(d) Special Rules.--\n ``(1) Nonresident alien.--In the case of a nonresident \n alien individual, only amounts taken into account in connection \n with the tax imposed under section 871(b) shall be taken into \n account under this section.\n ``(2) Citizens and residents living abroad.--The dollar \n amount in effect under subsection (a) shall be decreased by the \n excess of--\n ``(A) the amounts excluded from the taxpayer's \n gross income under section 911, over\n ``(B) the amounts of any deductions or exclusions \n disallowed under section 911(d)(6) with respect to the \n amounts described in subparagraph (A).\n ``(3) Charitable trusts.--Subsection (a) shall not apply to \n a trust all the unexpired interests in which are devoted to one \n or more of the purposes described in section 170(c)(2)(B).\n ``(4) Not treated as tax imposed by this chapter for \n certain purposes.--The tax imposed under this section shall not \n be treated as tax imposed by this chapter for purposes of \n determining the amount of any credit under this chapter or for \n purposes of section 55.''.\n (b) Clerical Amendment.--The table of parts for subchapter A of \nchapter 1 of the Internal Revenue Code of 1986 is amended by adding at \nthe end the following new item:\n\n ``part viii. surtax on millionaires.''.\n\n (c) Section 15 Not to Apply.--The amendment made by subsection (a) \nshall not be treated as a change in a rate of tax for purposes of \nsection 15 of the Internal Revenue Code of 1986.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2012.\n ","summary":"Teachers and First Responders Back to Work Act of 2011 - Directs the Secretary of Education to allocate grants to states and, through them, subgrants to local educational agencies (LEAs) for the costs of retaining, recalling, rehiring, or hiring employees to provide early childhood, elementary, or secondary education and related services. Allows states to reserve up to 10 of their grant for awards, for the same purposes, to state-funded early learning programs. Requires LEAs and state-funded early learning programs to obligate such funds by the close of FY2013. Prohibits the use of such grants to supplant state funding for education. Directs the Attorney General to carry out a competitive grant program pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 for the hiring, rehiring, or retention of career law enforcement officers. Makes appropriations to the Community Oriented Policing Stabilization Fund to carry out such program and for transfer to a First Responder Stabilization Fund from which the Secretary of Homeland Security (DHS) shall make competitive grants for hiring additional firefighters pursuant to the Federal Fire Prevention Control Act of 1974. Amends the Internal Revenue Code to impose on individual taxpayers in taxable years beginning after 2012 an additional tax equal to 0.5 of so much of their modified adjusted gross income as exceeds $1 million. Defines modified adjusted gross income as adjusted gross income reduced by any deduction allowed for investment interest. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013.","title":"A bill to provide for teacher and first responder stabilization.","text_len":18824,"sum_len":1633} {"bill_id":"114_s2428","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Service for Schools Act of 2015''.\n\nSEC. 2. SERVICE FOR SCHOOLS.\n\n Subtitle H of title I of the National and Community Service Act of \n1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the \nfollowing:\n\n ``PART VI--NATIONAL SERVICE FOR SCHOOLS\n\n``SEC. 198T. SERVICE OPPORTUNITY REGISTRY.\n\n ``(a) Definitions.--\n ``(1) Eligible service opportunity.--The term `eligible \n service opportunity' means a national service opportunity--\n ``(A) that achieves purposes specified in section \n 2(b), including meeting an unmet human, educational, \n environmental, or public safety need of the United \n States, without displacing existing (as of the first \n date of the opportunity) workers, as determined by the \n Chief Executive Officer; and\n ``(B) for which--\n ``(i) a participant may receive \n compensation but, except as provided in clauses \n (ii) and (iii), the total compensation, in the \n aggregate, shall not exceed the product of--\n ``(I) $10.00 per hour; and\n ``(II) the number of the qualifying \n hours of service involved;\n ``(ii) a participant may receive total \n compensation that exceeds the product described \n in clause (i), if the excess is subtracted from \n the amount of the participant's corresponding \n award under subsection (d); and\n ``(iii) a participant in a professional \n corps program described in section \n 122(c)(1)(D), who is in engaged in a service \n opportunity that meets human, educational, \n environmental, or public safety needs in a \n high-need community with an inadequate number \n of such professionals, as determined by the \n Chief Executive Officer, may receive \n compensation without regard to clauses (i) and \n (ii).\n ``(2) Eligible student.--The term `eligible student' means \n an individual who--\n ``(A) completed 2000 qualifying hours of service \n when the individual was a qualified student, which \n hours are recorded by a State Commission under \n subsection (c); and\n ``(B) is not older than age 35.\n ``(3) Qualified student.--The term `qualified student' \n means an individual who is not younger than age 12 or older \n than age 30.\n ``(4) Qualifying hour of service.--The term `qualifying \n hour of service' means an hour of service performed for an \n eligible service opportunity and for which the participant did \n not receive a payment under part C of title IV of the Higher \n Education Act of 1965 (42 U.S.C. 2751 et seq.).\n ``(b) Registry.--\n ``(1) In general.--The Corporation shall establish and \n carry out directly, in partnership with a nonprofit \n organization or State Commission or through a grant or subgrant \n to a nonprofit organization or State Commission, activities \n concerning a Service Opportunity Registry (referred to in this \n section as the `Registry'), which shall list eligible service \n opportunities and the registered organizations offering the \n opportunities.\n ``(2) Application.--To be eligible to be registered in the \n Registry, an organization that offers an eligible service \n opportunity shall submit an application to the Corporation at \n such time, in such manner, and containing such information as \n the Corporation may require.\n ``(3) Registry information.--On receipt of an application \n that meets the requirements of paragraph (2) from an \n organization that the Chief Executive Officer determines offers \n an eligible service opportunity, the Corporation shall register \n the organization by listing in the Registry--\n ``(A) the names and contact information for the \n organization; and\n ``(B) a description of the eligible service \n opportunity.\n ``(4) Web site.--The Corporation shall make the Registry \n available to the public through a National Service for Schools \n Web site.\n ``(5) Re-registration.--Not less often than every 2 years, \n a listed organization that offers an eligible service \n opportunity shall re-apply for listing in the Registry.\n ``(c) Service.--\n ``(1) Application.--To be eligible to participate in and \n receive credit for service in service opportunities listed in \n the Registry, a qualified student shall submit an application \n to the student's State Commission, at such time, in such \n manner, and containing the qualified student's name, the \n qualified student's contact information, and such other \n information as the Corporation, after consultation with the \n State Commissions, may require.\n ``(2) Designation.--In order for students in a State to \n participate in and receive credit for that service, the State \n Commission shall participate in the program carried out under \n this part. On receipt of an application that meets the \n requirements of paragraph (1) from a qualified student, the \n State Commission shall designate the qualified student as \n eligible to so participate and receive such credit.\n ``(3) Contact.--A qualified student who wishes to \n participate in a service opportunity listed in the Registry \n shall contact and make arrangements with the organization \n providing the opportunity.\n ``(4) Record of service.--\n ``(A) Organization.--The organization shall record \n the qualifying hours of service completed by each \n qualified student who participates in an eligible \n service opportunity with the organization.\n ``(B) State commission.--The organization shall, \n not less often than annually, notify the appropriate \n State Commission of the number of qualifying hours of \n service completed by each qualified student on an \n eligible service opportunity with the organization \n since the last notification. The State Commission shall \n record the qualifying hours of service in a record for \n the qualified student. The State Commission shall make \n the record available to the Corporation on request.\n ``(5) Transfer of application and record.--At the request \n of a qualified student, a State Commission shall transfer to \n another State Commission the qualified student's application \n for service under paragraph (1) and record of hours of service \n under paragraph (4)(B).\n ``(6) Effect of erroneous certifications.--If the State \n Commission or the Corporation determines that the \n organization's record of service under paragraph (4) is \n erroneous due to a willful act of the organization or is \n incorrect, and the Corporation makes any associated payment \n from the National Service Trust due to the erroneous or \n incorrect record of service, the Corporation may assess against \n the organization a charge for the amount of the payment. In \n assessing the amount of the charge, the Corporation shall \n consider the full facts and circumstances surrounding the \n erroneous or incorrect recording of hours.\n ``(d) Awards.--\n ``(1) In general.--Subject to appropriations, an eligible \n student shall receive an award of $10,000 from the National \n Service for Schools Account, established in section 145A, to be \n used as described in subsection (f), except that--\n ``(A) the eligible student may not receive more \n than 4 of such awards; and\n ``(B) the eligible student may not receive both an \n award under this section and a national service \n educational award for the same hours of service.\n ``(2) Application.--An eligible student seeking such an \n award shall submit an application to the Corporation at such \n time, in such manner, and containing such information as the \n Corporation may require.\n ``(e) Credit of Hours of Service for National Service \nParticipants.--A participant who is eligible to receive a national \nservice educational award from the National Service Trust under section \n146 may opt to use the hours certified under section 146A towards an \naward under subsection (d). The Corporation shall establish a process \nallowing such participants to elect to use their hours certified under \nsection 146A towards that award instead of towards a national service \neducational award.\n ``(f) Use of Funds.--\n ``(1) In general.--Award funds provided under this section \n shall be available--\n ``(A) to repay eligible student loans in accordance \n with section 148(b); and\n ``(B) to pay all or part of the cost of attendance \n or other educational expenses at an institution of \n higher education in accordance with section 148(c).\n ``(2) Application.--For purposes of the application of \n subsections (b) and (c) of section 148 under paragraph (1), a \n reference in those subsections--\n ``(A) to a national service educational award shall \n be considered to be a reference to an award under this \n section;\n ``(B) to an eligible individual shall be considered \n to be a reference to an eligible student who has met \n the requirements for an award under this section;\n ``(C) to the National Service Trust shall be \n considered to be a reference to the National Service \n for Schools Account established in section 145A;\n ``(D) to a position shall be considered to be a \n reference to activities under this section; and\n ``(E) to a term of service shall be considered to \n be a term of service under this section.\n ``(g) National Service for Schools Account.--\n ``(1) Investment.--The Secretary of the Treasury shall \n invest in full the amounts appropriated under subsection \n (i)(1)(B) to the National Service for Schools Account in \n section 145A. Except as otherwise provided in this section, the \n only provisions of subtitle D relating to funds in the National \n Service Trust that apply to amounts in the Account shall be \n section 145(b) and subsections (b) and (c) of section 148.\n ``(2) Obligations for awards.--Notwithstanding section 149, \n the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), \n subchapter III of chapter 13 of title 31, United States Code, \n and any other Federal law, the Corporation shall not record an \n obligation for an award under this section until such time as \n the Corporation approves the corresponding application under \n subsection (d)(2).\n ``(h) Annual Estimates.--Not later than January 31 of each fiscal \nyear, the Corporation and the Director of the Congressional Budget \nOffice shall jointly--\n ``(1) estimate the amount necessary to make award payments \n under subsection (d) in the next fiscal year; and\n ``(2) submit a report containing the estimate to the \n Committee on Appropriations of the House of Representatives and \n the Committee on Appropriations of the Senate.\n ``(i) Appropriations.--\n ``(1) In general.--There is authorized to be appropriated \n for a fiscal year--\n ``(A) such sums as may be necessary to carry out \n the Registry under this section; and\n ``(B) such sums as may be necessary for the \n National Service for Students Account, to make award \n payments under subsection (d).\n ``(2) Insufficient appropriations.--If, for any fiscal \n year, the funds appropriated for award payments under this part \n are insufficient to make all the awards for which applications \n are submitted and approved under subsection (d)(2), the \n Corporation shall promptly transmit a notice of such \n insufficiency to each House of Congress, and identify in such \n notice the additional amount that would be required to be \n appropriated to make all such awards.''.\n\nSEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT.\n\n Subtitle D of title I of the National and Community Service Act of \n1990 is amended by inserting after section 145 (42 U.S.C. 12601) the \nfollowing:\n\n``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT.\n\n ``(a) Establishment.--There is established in the National Service \nTrust a National Service for Schools Account.\n ``(b) Amounts in the Account.--The Account shall consist of--\n ``(1) the amounts appropriated under section 198T(i)(1)(B);\n ``(2) any amounts received by the Corporation as gifts, \n bequests, devises, or otherwise pursuant to section 196(a)(2), \n if the terms of such donations direct that the donated amounts \n be deposited in the Account; and\n ``(3) the interest on, and proceeds from the sale or \n redemption of, any obligations held by the Account.\n ``(c) Administration.--The Account shall be administered as \ndescribed in section 198T.''.","summary":"Service for Schools Act of 2015 This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them. Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry. To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall: record the qualifying hours of service completed by each qualified student who participates in a service opportunity. And notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity. Eligible students shall receive an award of $10,000 from the National Services for Schools Account for use to: repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education.","title":"Service for Schools Act of 2015","text_len":14516,"sum_len":1388} {"bill_id":"105_hr78","text":"Described.--\n (1) In general.--For purposes of subsection (a)(1), a joint \n resolution is described in this paragraph if it is a joint \n resolution of the two Houses of Congress and the matter after \n the resolving clause of such a joint resolution is as follows: \n ``That the Congress authorizes and directs the United States \n Trade Representative to undertake negotiations to amend or \n modify the rules and procedures of the Understanding on Rules \n and Procedures Governing the Settlement of Disputes relating to \n XX with respect to the affirmative determination submitted to \n the Congress by the WTO Dispute Settlement Review Commission on \n XX,'' the first blank space being filled with the specific \n rules and procedures with respect to which Trade Representative \n is to undertake negotiations and the second blank space being \n filled with the date of the affirmative determination submitted \n to the Congress by the Commission pursuant to section 4(b) \n which has given rise to the joint resolution.\n (2) Withdrawal resolution.--For purposes of subsection \n (a)(2), a joint resolution is described in this paragraph if it \n is a joint resolution of the two Houses of Congress and the \n matter after the resolving clause of such joint resolution is \n as follows: ``That the Congress authorizes and directs the \n United States Trade Representative to undertake negotiations to \n amend or modify the rules and procedures of the Understanding \n on Rules and Procedures Governing the Settlement of Disputes \n relating to XX with respect to the affirmative report submitted \n to the Congress by the WTO Dispute Settlement Review Commission \n on XX and if such negotiations do not result in a solution that \n the Trade Representative, by XX, certifies to the Congress is \n satisfactory, the Congress withdraws its approval, provided \n under section 101(a) of the Uruguay Round Agreements Act, of \n the WTO Agreement as defined in section 2(9) of the Act'', the \n first blank space being filled with the specific rules and \n procedures with respect to which the Trade Representative is to \n undertake negotiations, the second blank space being filled \n with the date of the affirmative determination submitted to the \n Congress by the Commission pursuant to section 4(b) which has \n given rise to the joint resolution, and the third blank space \n being filled with the date the Congress withdraws its approval \n of the WTO Agreement.\n (c) Procedural Provisions.--\n (1) In general.--The requirements of this subsection are \n met if the joint resolution is enacted in accordance with this \n subsection, and--\n (A) in the case of a joint resolution described in \n subsection (b)(1), the Congress adopts and transmits \n the joint resolution to the President before the end of \n the 90-day period (excluding any day described in \n section 154(b) of the Trade Act of 1974) beginning on \n the date on which the Congress receives an affirmative \n determination from the Commission described in section \n 4(b), or\n (B) in the case of a joint resolution described in \n subsection (b)(2), the Commission has made 3 \n affirmative determinations described in section 4(b) \n during a 5-year period, and the Congress adopts and \ntransmits the joint resolution to the President before the end of the \n90-day period (excluding any day described in section 154(b) of the \nTrade Act of 1974) beginning on the date on which the Congress receives \nthe third such affirmative determination.\n (2) Presidential veto.--In any case in which the President \n vetoes the joint resolution, the requirements of this \n subsection are met if each House of Congress votes to override \n that veto on or before the later of the last day of the 90-day \n period referred to in subparagraph (A) or (B) of paragraph (1), \n whichever is applicable, or the last day of the 15-day period \n (excluding any day described in section 154(b) of the Trade Act \n of 1974) beginning on the date on which the Congress receives \n the veto message from the President.\n (3) Introduction.--\n (A) Time.--A joint resolution to which this section \n applies may be introduced at any time on or after the \n date on which the Commission transmits to the Congress \n an affirmative determination described in section 4(b), \n and before the end of the 90-day period referred to in \n subparagraph (A) or (B) of paragraph (1), as the case \n may be.\n (B) Any member may introduce.--A joint resolution \n described in subsection (b) may be introduced in either \n House of the Congress by any Member of such House.\n (4) Expedited procedures.--\n (A) General rule.--Subject to the provisions of \n this subsection, the provisions of subsections (b), \n (d), (e), and (f) of section 152 of the Trade Act of \n 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to \n joint resolutions described in subsection (b) to the \n same extent as such provisions apply to resolutions \n under such section.\n (B) Report of discharge of committee.--If the \n committee of either House to which a joint resolution \n has been referred has not reported it by the close of \n the 45th day after its introduction (excluding any day \n described in section 154(d) of the Trade Act of 1974), \n such committee shall be automatically discharged from \n further consideration of the joint resolution and it \n shall be placed on the appropriate calendar.\n (C) Finance and ways and means committees.--It is \n not in order for--\n (i) the Senate to consider any joint \n resolution unless it has been reported by the \n Committee on Finance or the committee has been \n discharged under subparagraph (B); or\n (ii) the House of Representatives to \n consider any joint resolution unless it has \n been reported by the Committee on Ways and \n Means or the committee has been discharged \n under subparagraph (B).\n (D) Special rules for house.--A motion in the House \n of Representatives to proceed to the consideration of a \n joint resolution may only be made on the second \n legislative day after the calendar day on which the \n Member making the motion announces to the House his or \n her intention to do so.\n (5) Consideration of second resolution not in order.--It \n shall not be in order in either the House of Representatives or \n the Senate to consider a joint resolution (other than a joint \n resolution received from the other House), if that House has \n previously adopted a joint resolution under this section \n relating to the same matter.\n (d) Rules of House of Representatives and Senate.--This section is \nenacted by the Congress--\n (1) as an exercise of the rulemaking power of the House of \n Representatives and the Senate, respectively, and as such is \n deemed a part of the rules of each House, respectively, and \n such procedures supersede other rules only to the extent that \n they are inconsistent with such other rules; and\n (2) with the full recognition of the constitutional right \n of either House to change the rules (so far as relating to the \n procedures of that House) at any time, in the same manner, and \n to the same extent as any other rule of that House.\n\nSEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS.\n\n (a) In General.--If the United States Trade Representative, in \nproceedings before a dispute settlement panel or the Appellate Body of \nthe WTO, seeks--\n (1) to enforce United States rights under a multilateral \n trade agreement; or\n (2) to defend a challenged action or determination of the \n United States Government;\na private United States person that is supportive of the United States \nGovernment's position before the panel or Appellate Body and that has a \ndirect economic interest in the panel's or Appellate Body's resolution \nof the matters in dispute shall be permitted to participate in \nconsultations and panel proceedings. The Trade Representative shall \nissue regulations, consistent with subsections (b) and (c), ensuring \nfull and effective participation by any such private person.\n (b) Access to Information.--The United States Trade Representative \nshall make available to persons described in subsection (a) all \ninformation presented to or otherwise obtained by the Trade \nRepresentative in connection with a WTO dispute settlement proceeding. \nThe United States Trade Representative shall promulgate regulations \nimplementing a protective order system to protect information \ndesignated by the submitting member as confidential.\n (c) Participation in Panel Process.--Upon request from a person \ndescribed in subsection (a), the United States Trade Representative \nshall--\n (1) consult in advance with such person regarding the \n content of written submissions from the United States to the \n WTO panel concerned or to the other member countries involved;\n (2) include, where appropriate, such person or its \n appropriate representative as an advisory member of the \n delegation in sessions of the dispute settlement panel;\n (3) allow such special delegation member, where such member \n would bring special knowledge to the proceeding, to appear \n before the panel, directly or through counsel, under the \n supervision of responsibility United States Government \n officials; and\n (4) in proceedings involving confidential information, \n allow appearance of such person only through counsel as a \n member of the special delegation.\n\nSEC. 207. DEFINITIONS.\n\n For purposes of this Act:\n (1) Appellate body.--The term ``Appellate Body'' means the \n Appellate Body established under article 17.1 of the Dispute \n Settlement Understanding.\n (2) Adverse to the united states.--The term ``adverse to \n the United States'' includes any report which holds any law, \n regulation, or application thereof by a government agency to be \n inconsistent with international obligations under a Uruguay \n Round Agreement (or a nullification or impairment thereof), \n whether or not there are other elements of the decision which \n favor arguments made by the United States.\n (3) Dispute settlement panel; panel.--The terms ``dispute \n settlement panel'' and ``panel'' mean a panel established \n pursuant to article 6 of the Dispute Settlement Understanding.\n (4) Dispute settlement body.--The term ``Dispute Settlement \n Body'' means the Dispute Settlement Body administering the \n rules and procedures set forth in the Dispute Settlement \n Understanding.\n (5) Dispute settlement understanding.--The term ``Dispute \n Settlement Understanding'' means the understanding on rules and \n procedures governing the settlement of disputes referred to in \n section 101(d)(16) of the Uruguay Round Agreements Act.\n (6) Uruguay round agreement.--The term ``Uruguay Round \n Agreement'' means any of the agreements described in section \n 101(d) of the Uruguay Round Agreements Act.\n (7) World trade organization; wto.--The term ``World Trade \n Organization'' and ``WTO'' mean the organization established \n pursuant to the WTO Agreement.\n (8) WTO agreement.--The term ``WTO Agreement'' means the \n Agreement Establishing the World Trade Organization entered \n into on April 15, 1994.","summary":"TABLE OF CONTENTS: Title I: NAFTA Renegotiation Act Title II: WTO Dispute Settlement Review Commission Act NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act - Title I: NAFTA Renegotiation Act - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on US jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations. Title II: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body. And (2) upon request of the US Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body. Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations. Permits participation in WTO panel proceedings in support of the United States of a private US person with a direct economic interest in the resolution of the matters in dispute.","title":"NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act","text_len":12849,"sum_len":1354} {"bill_id":"114_hr1753","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Executive Cyberspace Coordination \nAct of 2015''.\n\nSEC. 2. NATIONAL OFFICE FOR CYBERSPACE.\n\n (a) Coordination of Federal Information Policy.--Subchapter II of \nchapter 35 of title 44, United States Code, is amended--\n (1) in section 3552(b), by adding at the end the following \n new paragraphs:\n ``(8) The term `Director' means the Director of the \n National Office for Cyberspace.\n ``(9) The term `information infrastructure' means the \n underlying framework that information systems and assets rely \n on in processing, storing, or transmitting information \n electronically.'';\n (2) in section 3553--\n (A) in subsection(a)--\n (i) in paragraph (5), by striking ``; and'' \n and inserting a semicolon;\n (ii) in paragraph (6), by striking the \n period at the end and inserting a semicolon; \n and\n (iii) by inserting after paragraph (6) the \n following new paragraphs:\n ``(7) reviewing at least annually, and approving or \n disapproving, agency information security programs required \n under section 3554(b);\n ``(8) coordinating the defense of information \n infrastructure operated by agencies in the case of a large-\n scale attack on information infrastructure, as determined by \n the Director;\n ``(9) coordinating information security training for \n Federal employees with the Office of Personnel Management;\n ``(10) ensuring the adequacy of protections for privacy and \n civil liberties in carrying out the responsibilities of the \n Director under this subchapter;\n ``(11) making recommendations that the Director determines \n are necessary to ensure risk-based security of the Federal \n information infrastructure and information infrastructure that \n is owned, operated, controlled, or licensed for use by, or on \n behalf of, the Department of Defense, a military department, or \n another element of the intelligence community to--\n ``(A) the Director of the Office of Management and \n Budget;\n ``(B) the head of an agency; or\n ``(C) to Congress with regard to the reprogramming \n of funds;\n ``(12) ensuring, in consultation with the Administrator of \n the Office of Information and Regulatory Affairs, that the \n efforts of agencies relating to the development of regulations, \n rules, requirements, or other actions applicable to the \n national information infrastructure are complementary;\n ``(13) when directed by the President, carrying out the \n responsibilities for national security and emergency \n preparedness communications described in section 706 of the \n Communications Act of 1934 (47 U.S.C. 606) to ensure \n integration and coordination; and\n ``(14) as assigned by the President, other duties relating \n to the security and resiliency of cyberspace.'';\n (3) by adding at the end of section 3554, the following new \n subsection:\n ``(f) Budget Assessment and Reporting.--\n ``(1) Agency submission.--The head of each agency shall \n submit to the Director a budget each year for the following \n fiscal year relating to the protection of information \n infrastructure for such agency, by a date determined by the \n Director that is before July 1 of each year. Such budget shall \n include--\n ``(A) a review of any threats to information \n technology for such agency;\n ``(B) a plan to secure the information \n infrastructure for such agency based on threats to \n information technology, using the National Institute of \n Standards and Technology guidelines and \n recommendations;\n ``(C) a review of compliance by such agency with \n any previous year plan described in subparagraph (B); \n and\n ``(D) a report on the development of the \n credentialing process to enable secure authentication \n of identity and authorization for access to the \n information infrastructure of such agency.\n ``(2) Assessment and certification.--The Director shall \n assess and certify the adequacy of each budget submitted under \n paragraph (1).\n ``(3) Agency recommendations.--Not later than July 1 of \n each year, the Director shall submit to the head of each agency \n budget recommendations, including requests for specific \n initiatives that are consistent with the priorities of the \n President relating to the protection of information \n infrastructure. Such budget recommendations shall--\n ``(A) apply to the next budget year scheduled for \n formulation under chapter 11 of title 31, and each of \n the 4 subsequent fiscal years; and\n ``(B) address funding priorities developed in the \n National Office for Cyberspace.\n ``(4) Recommendations to the president.--The Director shall \n make recommendations to the President that the Director \n determines are appropriate regarding changes in the \n organization, management, and budget of each agency relating to \n the protection of information infrastructure in each such \n agency, and changes in the allocation of personnel to and \n within such agency, including monetary penalties or incentives \n necessary to encourage and maintain accountability of any \n agency, or senior agency official, for efforts to secure the \n information infrastructure of such agency.''; and\n (4) by adding at the end the following new section:\n``Sec. 3559. National Office for Cyberspace\n ``(a) Establishment.--There is established within the Executive \nOffice of the President an office to be known as the National Office \nfor Cyberspace.\n ``(b) Director.--\n ``(1) In general.--There shall be at the head of the \n National Office for Cyberspace a Director, who shall be \n appointed by the President by and with the advice and consent \n of the Senate. The Director of the National Office for \n Cyberspace shall administer all functions designated to such \n Director under section 3553 and collaborate to the extent \n practicable with the heads of appropriate agencies, the private \n sector, and international partners. The Office shall serve as \n the principal office for coordinating issues relating to \n cyberspace, including achieving an assured, reliable, secure, \n and survivable information infrastructure and related \n capabilities for the Federal Government, while promoting \n national economic interests, security, and civil liberties.\n ``(2) Basic pay.--The Director of the National Office for \n Cyberspace shall be paid at the rate of basic pay for level III \n of the Executive Schedule.\n ``(c) Staff.--The Director of the National Office for Cyberspace \nmay appoint and fix the pay of additional personnel as the Director \nconsiders appropriate.\n ``(d) Experts and Consultants.--The Director of the National Office \nfor Cyberspace may procure temporary and intermittent services under \nsection 3109(b) of title 5.''.\n (b) Technical and Conforming Amendments.--The table of sections for \nsubchapter II of chapter 35 of title 44, United States Code, is amended \nby adding at the end the following:\n\n ``3559. National Office for Cyberspace.''.\n (c) National Strategy Required.--Not later than one year after the \ndate of the enactment of this Act, the Director of the National Office \nfor Cyberspace shall establish a national strategy for improving agency \ninformation security.\n (d) Effective Date.--This section, and the amendments made by this \nsection, shall take effect 180 days after the date of the enactment of \nthis Act.","summary":"Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines information infrastructure as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs. (2) coordinating information security training for federal employees with the Office of Personnel Management. And (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology.","title":"Executive Cyberspace Coordination Act of 2015","text_len":8502,"sum_len":1300} {"bill_id":"107_s241","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Election Standards Act of \n2001''.\n\nSEC. 2. UNIFORM NATIONAL STANDARDS FOR FEDERAL ELECTION PROCEDURES.\n\n (a) Uniform Standards.--Title III of the Federal Election Campaign \nAct of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 323. UNIFORM ELECTION PROCEDURES.\n\n ``(a) In General.--The Commission shall provide required uniform \nnational standards regarding procedures for elections for Federal \noffice that--\n ``(1) minimize delay, error, or confusion in voting and in \n voter registration;\n ``(2) eliminate fraud in the voting process;\n ``(3) increase the accuracy and reliability of vote counts \n and counting procedure;\n ``(4) reduce the number of uncounted and discarded ballots;\n ``(5) encourage voter registration and voter turnout;\n ``(6) ensure accessibility to registration facilities and \n polling places for all voters; and\n ``(7) promote public confidence in the accuracy and \n reliability of the election process.\n ``(b) Standards.--The standards under subsection (a) shall include \nprocedures regarding--\n ``(1) the type of ballots used;\n ``(2) vote counting;\n ``(3) use of counting machines;\n ``(4) accuracy and security of elections and vote counts;\n ``(5) voter registration; and\n ``(6) verification and maintenance of voter rolls.\n ``(c) Study of State Procedures.--For purposes of determining \nstandards under subsection (a), the Commission shall study and \nperiodically review (not less often than once every 6 months following \nan election for Federal office) State election regulations and \nprocedures.\n ``(d) Enforcement.--Standards established under this section shall \nonly be enforceable under section 309(e).\n ``(e) Regulations.--\n ``(1) In general.--Not later than January 1, 2002, the \n Commission shall promulgate regulations to carry out the \n provisions of this section based on an initial study and \n analysis of election and vote counting procedures utilized in \n each State.\n ``(2) State compliance.--The Commission may--\n ``(A) prescribe a reasonable period of time for \n States to comply with the uniform national standards \n established under this section; and\n ``(B) establish a process for a State to request a \n waiver of compliance with a standard or an extension of \n time to comply with a standard, based on a showing that \n the State cannot reasonably comply with such \n standard.''.\n (b) Enforcement.--\n (1) Civil penalties.--\n (A) In general.--Section 309 of the Federal \n Election Campaign Act of 1971 (2 U.S.C. 437g) is \n amended by adding at the end the following:\n ``(e) The Attorney General may bring a civil action in an \nappropriate district court for such declaratory or injunctive relief as \nis necessary to carry out the requirements under section 323.''.\n (B) Conforming amendment.--Section 309(a)(1) of the \n Federal Election Campaign Act of 1971 (2 U.S.C. \n 437g(a)(1)) is amended by striking ``Any person'' and \n inserting ``Except as provided in section 323, any \n person''.\n (2) Criminal penalties.--\n (A) In general.--Chapter 29 of title 18, United \n States Code, is amended by adding at the end the \n following:\n\n``SEC. 612. NONCOMPLIANCE WITH UNIFORM NATIONAL ELECTION STANDARDS.\n\n ``It shall be unlawful for any person to knowingly conduct an \nelection for Federal office (within the meaning of section 301 of the \nFederal Election Campaign Act of 1971 (2 U.S.C. 431)), or to knowingly \ninterfere with such election, so that the election is in violation of \nthe uniform national standards established by the Federal \nElection Commission under section 323 of such Act. Any person who \nviolates this section shall be fined under this title or imprisoned not \nmore than 3 years, or both.''.\n (B) Conforming amendment.--The table of sections \n for chapter 29 of title 18, United States Code, is \n amended by inserting at the end the following:\n\n ``Sec. 612. Noncompliance with uniform \n national election standards.''.\n (c) Compliance Grant Program.--\n (1) In general.--The Federal Election Commission is \n authorized to make grants to States to provide for the cost of \n implementing the uniform national standards for elections \n established under section 323 of the Federal Election Campaign \n Act of 1971.\n (2) Use of funds.--A State may use a grant received under \n paragraph (1) for costs in relation to compliance with the \n uniform national standards for elections established by the \n Federal Election Commission.\n (3) Application.--Each State that desires to receive a \n grant under this subsection shall submit an application to the \n Federal Election Commission, at such time, in such manner, and \n accompanied by such information as reasonably required by the \n regulations promulgated under paragraph (5).\n (4) Approval of application.--The Federal Election \n Commission shall approve an application in accordance with the \n standards required under paragraph (5).\n (5) Administrative regulations.--The Federal Election \n Commission shall issue regulations regarding grants under this \n subsection that provide for the following:\n (A) The application process.\n (B) The content of an application.\n (C) The standard amount of each grant.\n (D) The criteria for approval of an application.\n (6) Authorization of appropriations.--\n (A) In general.--There is authorized to be \n appropriated $100,000,000 for each of fiscal years 2002 \n through 2011 to carry out the provisions of this \n subsection.\n (B) Availability of funds.--Such funds shall remain \n available until expended.\n (7) Reports.--Not later than 1 year after the date of \n enactment of this Act and annually thereafter, the Federal \n Election Commission shall submit to Congress a report on the \n activities under this subsection.\n\nSEC. 3. CHANGE IN GENERAL ELECTION DATE.\n\n (a) Electors.--Section 1 of title 3, United States Code, is amended \nby striking ``on the Tuesday next after the first Monday'' and \ninserting ``on the first consecutive Saturday and Sunday prior to the \nfirst Monday''.\n (b) Congressional Elections.--Section 25 of the Revised Statutes (2 \nU.S.C. 7) is amended to read as follows:\n ``Sec. 25. The first consecutive Saturday and Sunday prior to the \nfirst Monday in November, in every even numbered year, are established \nas the days for the election, in each of the States and Territories of \nthe United States, of Representatives and Delegates to the Congress \ncommencing on the 3d day of January thereafter.''.\n\nSEC. 4. VOTER REGISTRATION IN FEDERAL ELECTIONS.\n\n Section 4 of the National Voter Registration Act of 1993 (42 U.S.C. \n1973gg-2) is amended by adding at the end the following:\n ``(c) Same Day Registration.--Notwithstanding any other Federal or \nState law, each State shall establish procedures to allow voters in the \nState to register to vote at the polling place at the time of voting in \na general election for Federal office.''.","summary":"National Election Standards Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to direct the Federal Election Commission (FEC) to provide uniform national election standards meeting specified criteria with regard to procedures for elections to Federal office. Authorizes FEC to make grants to States to provide for the cost of implementing such standards for elections to Federal office. Establishes civil and criminal penalties for violation of such standards. Amends Federal presidential elections and vacancies law and other Federal election law to provide for a change in the date with respect to the timing of the appointment of presidential and vice presidential electors, and with respect to the timing of the holding of congressional elections. Amends the National Voter Registration Act of 1993 to require each State to establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.","title":"A bill to direct the Federal Election Commission to set uniform national standards for Federal election procedures, change the Federal election day, and for other purposes.","text_len":8002,"sum_len":1002} {"bill_id":"114_hr5212","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bereaved Consumer's Bill of Rights \nAct of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there have been shocking consumer abuses in the funeral \n industry, including scandals at Burr Oak Cemetery in Alsip, \n Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and \n the Tri State Crematory in Noble, Georgia;\n (2) funeral arrangements are a major expense for most \n American households and families;\n (3) some consumers seek to ease the burdens on their \n families by arranging and paying for preneed funeral and \n cemetery arrangements;\n (4) most funerals are planned by grieving family members at \n a time when they are especially vulnerable and unlikely to \n focus on cost comparison;\n (5) the Federal Trade Commission's Funeral Industry \n Practices Trade Regulation Rule (known as the Funeral Rule) \n dictates consumer protections in the funeral home, but does not \n cover the practices of cemeteries, crematoria, or sellers of \n monuments, urns, or caskets;\n (6) State laws are inconsistent and frequently too weak to \n provide adequate consumer protections, creating a need for \n minimum Federal standards in this area;\n (7) consumers have the right to receive clear and accurate \n information about all funeral goods and funeral services \n offered for sale;\n (8) consumers need effective protection from fraud and \n abusive practices by all providers of funeral goods and funeral \n services and at all stages of the funeral planning process; and\n (9) a new Federal law that provides adequate protections to \n grieving families is warranted.\n\nSEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR \n PRACTICES IN THE PROVISION OF FUNERAL GOODS OR FUNERAL \n SERVICES.\n\n (a) In General.--The Federal Trade Commission shall prescribe rules \nprohibiting unfair or deceptive acts or practices in the provision of \nfuneral goods or funeral services. Such rules shall include the \nfollowing:\n (1) A requirement that providers of funeral goods or \n funeral services furnish accurate price information disclosing \n clearly and conspicuously the cost to the purchaser for each of \n the specific funeral goods or funeral services provided or \n offered for sale.\n (2) A prohibition on misrepresentations by such providers, \n including misrepresentations of the requirements of Federal, \n State, or local law.\n (3) A prohibition on conditioning the provision of any \n funeral good or funeral service upon the purchase of any other \n funeral good or funeral service from that provider, except as \n required by law.\n (4) A requirement that any presale disclosures and \n contracts for funeral services or funeral goods be written \n clearly, stating the merchandise and services that purchasers \n are buying and their prices.\n (5) In the case of contracts for funeral services or \n funeral goods that are prepaid in whole or in part, a \n requirement for clear and conspicuous presale and contractual \n disclosure regarding any penalties incurred if the consumer \n decides to cancel or transfer the contract to another provider \n of funeral services or funeral goods.\n (6) A requirement that contracts for funeral services or \n funeral goods disclose clearly and conspicuously all fees and \n costs to be incurred in the future or at the time that the \n funeral services or funeral goods are provided.\n (7) A requirement that cemeteries provide to consumers, in \n a timely manner, all written rules and regulations of the \n cemetery, and a clear explanation in writing of the interment, \n inurnment, or entombment right that has been purchased, and any \n material terms and conditions of that purchase, including any \n repurchase option by the cemetery or resale rights available to \n the consumer.\n (8) A requirement that cemeteries--\n (A) retain all records in existence on the date of \n enactment of this Act, including maps or other systems \n indicating the location and date of each interment, \n inurnment, or entombment;\n (B) accurately record and retain records of all \n interments, inurnments, or entombments occurring, as \n well as any internment, inurnment, or entombment rights \n sold, after the effective date of the regulations \n issued under this subsection, in such manner and form \n as the Commission may prescribe in such regulations; \n and\n (C) make such records available to Federal, State, \n and local governments, as appropriate.\n (b) Rulemaking.--The Commission shall prescribe the rules under \nsubsection (a) within 1 year after the date of enactment of this Act. \nSuch rules, and any future rules or revision of rules prescribed by the \nCommission prohibiting unfair or deceptive acts or practices in the \nprovision of funeral goods or funeral services, shall be prescribed in \naccordance with section 553 of title 5, United States Code.\n (c) Application of Rules to Tax-Exempt Organizations and States.--\nNotwithstanding the definition of corporation in section 4 of the \nFederal Trade Commission Act (15 U.S.C. 44), the rules prescribed under \nsubsection (a), and any future rules or revision of rules prescribed by \nthe Commission prohibiting unfair or deceptive acts or practices in the \nprovision of funeral goods or funeral services, shall also apply to \ncemeteries organized or operated by--\n (1) organizations described in section 501(c) of the \n Internal Revenue Code of 1986 that are exempt from taxation \n under section 501(a) of such Code, except for cemeteries \n organized, operated, managed, and owned by a religious \n denomination, middle judicatory, house of worship, or similar \n religious organization, and that are not organized, operated, \n managed, or owned by contract or affiliation with a for-profit \n provider of funeral goods or funeral services that offers those \n goods or services for sale to the public; or\n (2) States or any political subdivision of a State.\n (d) Enforcement.--Any violation of any rule prescribed under this \nsection shall be treated as a violation of a regulation prescribed \nunder section 18(a)(1)(B) of the Federal Trade Commission Act (15 \nU.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. \nThe Federal Trade Commission shall enforce this Act in the same manner, \nby the same means, and with the same jurisdiction as though all \napplicable terms and provisions of the Federal Trade Commission Act \nwere incorporated into and made a part of this Act. Any person who \nviolates the regulations prescribed under this Act shall be subject to \nthe penalties and entitled to the privileges and immunities provided in \nthat Act.\n\nSEC. 4. ENFORCEMENT BY STATES.\n\n (a) In General.--Whenever an attorney general of any State has \nreason to believe that the interests of the residents of that State \nhave been or are being threatened or adversely affected because any \nperson has engaged or is engaging in an act or practice which violates \nany rule of the Commission issued under section 3 of this Act or the \nTrade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et \nseq.), the State, as parens patriae, may bring a civil action on behalf \nof its residents in an appropriate district court of the United States \nto enjoin such violative act or practice, to enforce compliance with \nsuch rule of the Commission, to obtain damages, restitution, or other \ncompensation on behalf of residents of such State, or to obtain such \nfurther and other relief as the court may determine appropriate.\n (b) Notice.--The State shall provide prior written notice of any \ncivil action under subsection (a) or (f)(2) to the Commission and \nprovide the Commission with a copy of its complaint, except that if it \nis not feasible for the State to provide such prior notice, the State \nshall provide such notice immediately upon instituting such action. \nUpon receiving a notice respecting a civil action, the Commission shall \nhave the right--\n (1) to intervene in such action;\n (2) upon so intervening, to be heard on all matters arising \n therein;\n (3) to remove the action to the appropriate United States \n district court; and\n (4) to file petitions for appeal.\n (c) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this Act shall prevent an attorney general \nfrom exercising the powers conferred on the attorney general by the \nlaws of such State to conduct investigations or to administer oaths or \naffirmations or to compel the attendance of witnesses or the production \nof documentary and other evidence.\n (d) Actions by Commission.--Whenever a civil action has been \ninstituted by or on behalf of the Commission for violation of any rule \nprescribed under section 3 of this Act, no State may, during the \npendency of such action instituted by or on behalf of the Commission, \ninstitute a civil action under subsection (a) or (f)(2) of this section \nagainst any defendant named in the complaint in such action for \nviolation of any rule as alleged in such complaint.\n (e) Venue; Service of Process.--Any civil action brought under \nsubsection (a) of this section in a district court of the United States \nmay be brought in the district in which the defendant is found, is an \ninhabitant, or transacts business or wherever venue is proper under \nsection 1391 of title 28, United States Code. Process in such an action \nmay be served in any district in which the defendant is an inhabitant \nor in which the defendant may be found.\n (f) Actions by Other State Officials.--\n (1) Construction.--Nothing contained in this section shall \n prohibit an authorized State official from proceeding in State \n court on the basis of an alleged violation of any civil or \n criminal statute of such State.\n (2) Other state actions.--In addition to actions brought by \n an attorney general of a State under subsection (a) of this \n section, such an action may be brought by officers of such \n State who are authorized by the State to bring actions in such \n State on behalf of its residents.\n\nSEC. 5. EFFECT ON OTHER LAW.\n\n Nothing in this Act or the rules prescribed under this Act shall be \nconstrued to preempt any provision of any law of a State or political \nsubdivision of that State that provides protections to consumers of \nfuneral services or funeral goods, except to the extent that the \nprovision of law is inconsistent with any provision of this Act or a \nrule prescribed under this Act, and then only to the extent of the \ninconsistency.\n\nSEC. 6. DEFINITIONS.\n\n In this Act--\n (1) the term ``cemetery'' means any organization, \n association, or other business that offers for sale the \n interment, inurnment, or entombment of human remains, but does \n not include any cemetery that--\n (A) performs fewer than a total of 25 interments, \n inurnments, and entombments during any calendar year; \n or\n (B) sells fewer than a total of 25 interment \n rights, inurnment rights, and entombment rights during \n any calendar year;\n (2) the term ``funeral goods'' means the goods which are \n sold or offered for sale directly to the public for use in \n connection with funeral services; and\n (3) the term ``funeral services'' means--\n (A) any services which are sold or offered for sale \n directly to the public in order to--\n (i) care for and prepare deceased human \n bodies for burial, cremation, or other final \n disposition; or\n (ii) arrange, supervise, or conduct the \n funeral ceremony or the final disposition of \n deceased human bodies; or\n (B) services provided by funeral directors, \n morticians, cemeterians, cremationists, and retailers \n of caskets, urns, monuments, and markers.","summary":"Bereaved Consumer's Bill of Rights Act of 2016 This bill directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. nbsp. The rules must: (1) require price information to be disclosed clearly and conspicuously. (2) prohibit misrepresentations or the provision of goods or services being conditioned upon the purchase of other goods or services from the provider. (3) require presale disclosures and contracts to be written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract. (4) require cemeteries to provide consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase. And (5) require cemeteries to retain all records in existence on the date of enactment of this bill and accurately record and retain records of interments, inurnments, or entombments. Cemeteries subject to the FTC's rules shall include those organized or operated by states, political subdivisions, or tax-exempt organizations. nbsp. But the bill excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. The FTC and states are provided authority to enforce against violations.","title":"Bereaved Consumer's Bill of Rights Act of 2016","text_len":12958,"sum_len":1416} {"bill_id":"104_hr3788","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Parks Capital Improvements \nAct of 1996''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Fundraising organization.--The term ``fundraising \n organization'' means an entity authorized to act as a \n fundraising organization under section 3(a).\n (2) National park foundation.--The term ``National Park \n Foundation'' means the foundation established under the Act \n entitled ``An Act to establish the National Park Foundation'', \n approved December 18, 1967 (16 U.S.C. 19e et seq.).\n (3) Park.--The term ``park'' means--\n (A) the Grand Canyon National Park; and\n (B) any other national park designated by the \n Secretary that has an approved general management plan \n with capital needs in excess of $5,000,000.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. FUNDRAISING ORGANIZATION.\n\n (a) In General.--The Secretary may enter into a memorandum of \nagreement under section 4 with an entity to act as an authorized \nfundraising organization for the benefit of the park.\n (b) Bonds.--The fundraising organization shall issue taxable bonds \nin return for the park surcharge collected under section 5.\n (c) Professional Standards.--The fundraising organization shall \nabide by all relevant professional standards regarding the issuance of \nsecurities and shall comply with all Federal and State law.\n (d) Audit.--The fundraising organization shall be subject to an \naudit by the Secretary.\n (e) No Liability For Bonds.--The United States shall not be liable \nfor the security of any bonds issued by the fundraising organization, \nexcept that if the surcharge specified in section 5(a) is not imposed \nfor any reason or if such surcharge is reduced or eliminated, the full \nfaith and credit of the United States is pledged to the payment of such \nbonds and the interest accruing on such bonds.\n\nSEC. 4. MEMORANDUM OF AGREEMENT.\n\n The fundraising organization shall enter into a memorandum of \nagreement that specifies--\n (1) the amount of the bond issue;\n (2) the maturity of the bonds, not to exceed 20 years;\n (3) the per capita amount required to amortize the bond \n issue, provide for the reasonable costs of administration, and \n maintain a sufficient reserve consistent with industry \n standards;\n (4) any project that will be funded with the bond proceeds \n and the specific responsibilities of the Secretary and the \n fundraising organization with respect to the project; and\n (5) procedures for modifications of the agreement with the \n consent of both parties, including modifications relating to \n project priorities, based on changes in circumstances.\n\nSEC. 5. PARK SURCHARGE.\n\n (a) In General.--Notwithstanding any other provision of law, the \nSecretary of the Interior may authorize the Superintendent of the park \nto charge and collect, in addition to the entrance fee collected \npursuant to section 4 of the Land and Water Conservation Fund Act of \n1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for \neach individual charged the entrance fee.\n (b) Use.--The surcharge shall be used by the fundraising \norganization to amortize the bond issue, provide for the reasonable \ncosts of administration, and maintain a sufficient reserve consistent \nwith industry standards.\n (c) Excess Funds.--Any funds collected in excess of the amount \nnecessary to amortize the bond issue, pay reasonable administrative \nexpenses, and maintain a sufficient reserve, as determined by the bond \nunderwriter, shall be remitted to the National Park Foundation to be \nused for the benefit of all units of the National Park System.\n\nSEC. 6. USE OF BOND PROCEEDS.\n\n (a) Eligible Projects.--\n (1) In general.--Subject to paragraph (2), bond proceeds \n under this Act may be used for a project for the design, \n construction, operation, maintenance, repair, or replacement of \n a facility in the park. No part of such proceeds (other than \n interest as provided in subsection (b)) may be used to defray \n administrative expenses.\n (2) Limitation.--A project referred to in paragraph (2) \n shall be consistent with--\n (A) the laws governing the National Park System;\n (B) any law governing the park; and\n (C) the general management plan for the park.\n (b) Interest on Bond Proceeds.--(1) Any interest earned on bond \nproceeds may be used by the fundraising organization to--\n (A) meet reserve requirements; and\n (B) defray administrative expenses incurred in connection \n with the management and sale of the bonds.\n (2) All interest on bond proceeds not used for purposes of \nparagraph (1) shall be remitted to the National Park Foundation for the \nbenefit of all units of the National Park System.\n\nSEC. 7. ADMINISTRATION.\n\n The Secretary, in consultation with the Secretary of Treasury, \nshall issue regulations to carry out this Act.","summary":"National Parks Capital Improvements Act of 1996 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fundraising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge. Exempts the United States from liability for the security of such bonds, unless the surcharge authorized under this Act is not imposed or is reduced or eliminated. Authorizes the Secretary to permit the Superintendent of the park to charge and collect, in addition to the park entrance fee, a surcharge of not to exceed two dollars per individual. Requires the fundraising organization to: (1) use the surcharge to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards. And (2) remit any excess funds to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park. And (2) the general management plan for the park. Prohibits bond proceeds from being used to defray administrative expenses. Requires interest earned on bond proceeds to be used by the organization to meet reserve requirements and defray administrative expenses incurred in connection with the management and sale of the bonds, with any excess to be remitted to the NPF for the benefit of all NPS units.","title":"National Parks Capital Improvements Act of 1996","text_len":5292,"sum_len":1703} {"bill_id":"104_hr1272","text":"SECTION 1. DEDUCTION FOR POSTSECONDARY EDUCATION EXPENSES.\n\n (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of \nthe Internal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 220 as \nsection 221 and by inserting after section 219 the following new \nsection:\n\n``SEC. 220. POSTSECONDARY EDUCATION EXPENSES.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction an amount equal to the qualified \npostsecondary education expenses paid by the taxpayer during the \ntaxable year.\n ``(b) Dollar Limitations.--\n ``(1) Per student.--The aggregate payments during the \n taxable year for the qualified postsecondary education expenses \n of each individual which may be taken into account under \n subsection (a) shall not exceed $10,000.\n ``(2) Per taxpayer.--The amount allowed as a deduction \n under subsection (a) for the taxable year shall not exceed \n $20,000.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified postsecondary education expenses.--The term \n `qualified postsecondary education expenses' means qualified \n tuition and related expenses of--\n ``(A) the taxpayer, or\n ``(B) an individual who is the spouse, or a \n dependent, of the taxpayer for the taxable year in \n which such expenses are incurred,\n for attendance at an eligible educational institution.\n ``(2) Qualified tuition and related expenses.--The term \n `qualified tuition and related expenses' means--\n ``(A) tuition and fees required for enrollment or \n attendance at an eligible educational institution,\n ``(B) fees, books, supplies, and equipment required \n for courses of instruction at such an institution, and\n ``(C) reasonable living expenses while away from \n home.\n Such term shall not include expenses which are treated as not \n described in section 135(c)(2)(A) by reason of section \n 135(c)(2)(B).\n ``(3) Eligible educational institution.--The term `eligible \n educational institution' has the meaning given to such term by \n section 135(c)(3).\n ``(d) Coordination With Other Provisions.--\n ``(1) No double benefit.--\n ``(A) In general.--No deduction shall be allowed \n under subsection (a) for qualified postsecondary \n education expenses with respect to which a deduction is \n allowed under any other provision of this chapter.\n ``(B) Savings bond exclusion.--A deduction shall be \n allowed under subsection (a) for qualified \n postsecondary education expenses only to the extent the \n amount of such expenses exceeds the amount excludable \n under section 135 for the taxable year.\n ``(e) Special Rules.--\n ``(1) Adjustment for certain scholarships and veterans \n benefits.--The amounts otherwise taken into account under \n subsection (a) as qualified postsecondary education expenses of \n any individual during any period shall be reduced (before the \n application of subsection (b)) by any amounts received by such \n individual during such period as--\n ``(A) a qualified scholarship (within the meaning \n of section 117(b)) which under section 117 is not \n includible in gross income, or\n ``(B) an educational assistance allowance under \n chapters 30, 31, 32, 34, or 35 of title 38 of the \n United States Code.\n ``(2) Eligible courses.--Amounts paid for qualified \n postsecondary education expenses of any individual shall be \n taken into account under subsection (a) only to the extent such \n expenses are attributable to courses of instruction for which \n credit is allowed toward a degree by an institution of higher \n education or toward a certificate of required course work at a \n vocational school.\n ``(3) Individual must be at least a half-time student.--No \n deduction shall be allowed under subsection (a) for amounts \n paid during the taxable year for qualified postsecondary \n education expenses with respect to any individual unless that \n individual, during any 4 calendar months during the calendar \n year in which the taxable year of the taxpayer begins, is at \n least a half-time student at an eligible education institution.\n ``(4) Taxpayer who is dependent of another taxpayer.--No \n deduction shall be allowed to a taxpayer under subsection (a) \n for amount paid for the education of such taxpayer if such \n taxpayer is a dependent of another person for a taxable year \n beginning in the calendar year in which the taxable year of the \n taxpayer begins.\n ``(5) Spouse.--No deduction shall be allowed under \n subsection (a) for amounts paid during the taxable year for \n qualified postsecondary education expenses for the spouse of \n the taxpayer unless--\n ``(A) the taxpayer is entitled to an exemption for \n his spouse under section 151(b) for the taxable year, \n or\n ``(B) the taxpayer files a joint return with his \n spouse for the taxable year.''\n (b) Deduction Allowed in Computing Adjusted Gross Income.--Section \n62(a) of such Code is amended by inserting after paragraph (15) the \nfollowing new paragraph:\n ``(16) Postsecondary education expenses.--The deduction \n allowed by section 220.''\n (c) Conforming Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the item \nrelating to section 220 and inserting:\n\n ``Sec. 220. Postsecondary education \n expenses.\n ``Sec. 221. Cross reference.''\n (d) Effective Dates.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1994.","summary":"Amends the Internal Revenue Code to allow an income tax deduction for qualified postsecondary education expenses of the taxpayer or the taxpayer's spouse or dependent.","title":"To amend the Internal Revenue Code of 1986 to allow a deduction for the payment of postsecondary education expenses.","text_len":6465,"sum_len":167} {"bill_id":"112_hr3221","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Creation and Energy Efficiency \nAct''.\n\nSEC. 2. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING \n BUILDINGS.\n\n Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Credit support.--The term `credit support' means a \n guarantee or commitment to issue a guarantee or other forms of \n credit enhancement to ameliorate risks for efficiency \n obligations.\n ``(2) Efficiency obligation.--The term `efficiency \n obligation' means a debt or repayment obligation incurred in \n connection with financing a project, or a portfolio of such \n debt or repayment obligations.\n ``(3) Project.--The term `project' means the installation \n and implementation of efficiency, advanced metering, \n distributed generation, or renewable energy technologies and \n measures for a building (or for multiple buildings on a given \n property) that are expected to increase the energy efficiency \n of the building (including fixtures) in accordance with \n criteria established by the Secretary.\n ``(b) Eligible Projects.--\n ``(1) In general.--Notwithstanding sections 1703 and 1705, \n the Secretary may provide credit support under this section, in \n accordance with section 1702.\n ``(2) Inclusions.--Buildings eligible for credit support \n under this section include commercial, multifamily residential, \n industrial, municipal, government, institution of higher \n education, school, and hospital facilities that satisfy \n criteria established by the Secretary.\n ``(c) Guidelines.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary shall--\n ``(A) establish guidelines for credit support \n provided under this section;\n ``(B) publish the guidelines in the Federal \n Register; and\n ``(C) provide for an opportunity for public comment \n on the guidelines.\n ``(2) Requirements.--The guidelines established by the \n Secretary under this subsection shall include--\n ``(A) standards for assessing the energy savings \n that could reasonably be expected to result from a \n project;\n ``(B) examples of financing mechanisms (and \n portfolios of such financing mechanisms) that qualify \n as efficiency obligations;\n ``(C) the threshold levels of energy savings that a \n project, at the time of issuance of credit support, \n shall be reasonably expected to achieve to be eligible \n for credit support;\n ``(D) the eligibility criteria the Secretary \n determines to be necessary for making credit support \n available under this section; and\n ``(E) notwithstanding subsections (d)(3) and \n (g)(2)(B) of section 1702, any lien priority \n requirements that the Secretary determines to be \n necessary, in consultation with the Director of the \n Office of Management and Budget, which may include--\n ``(i) mechanisms to preserve prior lien \n positions of mortgage lenders and other \n creditors in buildings eligible for credit \n support;\n ``(ii) remedies available to the Secretary \n under chapter 176 of title 28, United States \n Code, in the event of default on the efficiency \n obligation by the borrower; and\n ``(iii) measures to limit the exposure of \n the Secretary to financial risk in the event of \n default, such as--\n ``(I) the collection of a credit \n subsidy fee from the borrower as a loan \n loss reserve, taking into account the \n limitation on credit support under \n subsection (d);\n ``(II) minimum debt-to-income \n levels of the borrower;\n ``(III) minimum levels of value \n relative to outstanding mortgage or \n other debt on a building eligible for \n credit support;\n ``(IV) allowable thresholds for the \n percent of the efficiency obligation \n relative to the amount of any mortgage \n or other debt on an eligible building;\n ``(V) analysis of historic and \n anticipated occupancy levels and rental \n income of an eligible building;\n ``(VI) requirements of third-party \n contractors to guarantee energy savings \n that will result from a retrofit \n project, and whether financing on the \n efficiency obligation will amortize \n from the energy savings;\n ``(VII) requirements that the \n retrofit project incorporate protocols \n to measure and verify energy savings; \n and\n ``(VIII) recovery of payments \n equally by the Secretary and the \n retrofit.\n ``(3) Efficiency obligations.--The financing mechanisms \n qualified by the Secretary under paragraph (2)(B) may include--\n ``(A) loans, including loans made by the Federal \n Financing Bank;\n ``(B) power purchase agreements, including energy \n efficiency power purchase agreements;\n ``(C) energy services agreements, including energy \n performance contracts;\n ``(D) property assessed clean energy bonds and \n other tax assessment-based financing mechanisms;\n ``(E) aggregate on-meter agreements that finance \n retrofit projects; and\n ``(F) any other efficiency obligations the \n Secretary determines to be appropriate.\n ``(4) Priorities.--In carrying out this section, the \n Secretary shall prioritize--\n ``(A) the maximization of energy savings with the \n available credit support funding;\n ``(B) the establishment of a clear application and \n approval process that allows private building owners, \n lenders, and investors to reasonably expect to receive \n credit support for projects that conform to guidelines;\n ``(C) the distribution of projects receiving credit \n support under this section across States or \n geographical regions of the United States; and\n ``(D) projects designed to achieve whole-building \n retrofits.\n ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary \nshall not issue credit support under this section in an amount that \nexceeds--\n ``(1) 90 percent of the principal amount of the efficiency \n obligation that is the subject of the credit support; or\n ``(2) $25,000,000 for any single project.\n ``(e) Aggregation of Projects.--To the extent provided in the \nguidelines developed in accordance with subsection (c), the Secretary \nmay issue credit support on a portfolio, or pool of projects, that are \nnot required to be geographically contiguous, if each efficiency \nobligation in the pool fulfills the requirements described in this \nsection.\n ``(f) Application.--\n ``(1) In general.--To be eligible to receive credit support \n under this section, the applicant shall submit to the Secretary \n an application at such time, in such manner, and containing \n such information as the Secretary determines to be necessary.\n ``(2) Contents.--An application submitted under this \n section shall include assurances by the applicant that--\n ``(A) each contractor carrying out the project \n meets minimum experience level criteria, including \n local retrofit experience, as determined by the \n Secretary;\n ``(B) the project is reasonably expected to achieve \n energy savings, as set forth in the application using \n any methodology that meets the standards described in \n the program guidelines;\n ``(C) the project meets any technical criteria \n described in the program guidelines;\n ``(D) the recipient of the credit support and the \n parties to the efficiency obligation will provide the \n Secretary with--\n ``(i) any information the Secretary \n requests to assess the energy savings that \n result from the project, including historical \n energy usage data, a simulation-based \n benchmark, and detailed descriptions of the \n building work, as described in the program \n guidelines; and\n ``(ii) permission to access information \n relating to building operations and usage for \n the period described in the program guidelines; \n and\n ``(E) any other assurances that the Secretary \n determines to be necessary.\n ``(3) Determination.--Not later than 90 days after \n receiving an application, the Secretary shall make a final \n determination on the application, which may include requests \n for additional information.\n ``(g) Fees.--\n ``(1) In general.--In addition to the fees required by \n section 1702(h)(1), the Secretary may charge reasonable fees \n for credit support provided under this section.\n ``(2) Availability.--Fees collected under this section \n shall be subject to section 1702(h)(2).\n ``(h) Underwriting.--The Secretary may delegate the underwriting \nactivities under this section to 1 or more entities that the Secretary \ndetermines to be qualified.\n ``(i) Status Report.--Not later than 1 year after commencement of \nthe program, the Secretary shall submit to the Congress a report that \ndescribes in reasonable detail--\n ``(1) the manner in which this section is being carried \n out;\n ``(2) the number and type of projects supported;\n ``(3) the types of funding mechanisms used to provide \n credit support to projects;\n ``(4) the energy savings expected to result from projects \n supported by this section;\n ``(5) any tracking efforts the Secretary is using to \n calculate the actual energy savings produced by the projects; \n and\n ``(6) any plans to improve the tracking efforts described \n in paragraph (5).\n ``(j) Buy American Report.--The Secretary shall submit to the \nCongress an annual report that estimates the percentage of American-\nmade materials used in conducting retrofit activities funded pursuant \nto this section.\n ``(k) Funding.--\n ``(1) Authorization of appropriations.--There are \n authorized to be appropriated to carry out this section \n $15,000,000,000 for the period encompassing fiscal years 2012 \n through 2021.\n ``(2) Administrative costs.--Not more than 1 percent of any \n amounts made available to the Secretary for carrying out this \n section may be used by the Secretary for administrative costs \n incurred in carrying out this section.''.","summary":"Job Creation and Energy Efficiency Act - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy (DOE) to provide credit support to ameliorate risks for a debt or repayment obligation incurred in connection with financing the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures that are expected to increase the energy efficiency of one or more buildings . Makes commercial, multifamily residential, industrial, municipal, government institutions of higher education, school, and hospital facilities eligible for such support. Includes among financing mechanisms that qualify as efficiency obligations: (1) loans, (2) power purchase agreements, (3) energy services agreements, (4) property assessed clean energy bonds and other tax assessment-based financing mechanisms, and (5) aggregate on-meter agreements that finance retrofit projects. Requires the Secretary to prioritize: (1) the maximization of energy savings with the available credit support funding. (2) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines. (3) the distribution of projects receiving credit support across states or geographical regions. And (4) projects designed to achieve whole-building retrofits. Prohibits the Secretary from issuing credit support that exceeds: (1) 90 of the principal amount of the obligation that is the subject of the support, or (2) $25 million for any project. Requires the Secretary to report on such support. Authorizes the Secretary to charge reasonable fees for such support.","title":"To authorize the Secretary of Energy to provide loan guarantees for energy efficiency upgrades to existing buildings.","text_len":12893,"sum_len":1742} {"bill_id":"114_hr5459","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cyber Preparedness Act of 2016''.\n\nSEC. 2. INFORMATION SHARING.\n\n Title II of the Homeland Security Act of 2002 is amended--\n (1) in section 210A (6 U.S.C. 124h)--\n (A) in subsection (b)--\n (i) in paragraph (10), by inserting before \n the semicolon at the end the following: ``, \n including, in coordination with the national \n cybersecurity and communications integration \n center under section 227, accessing timely \n technical assistance, risk management support, \n and incident response capabilities with respect \n to cyber threat indicators, defensive measures, \n cybersecurity risks, and incidents (as such \n terms are defined in such section), which may \n include attribution, mitigation, and \n remediation, and the provision of information \n and recommendations on security and resilience, \n including implications of cybersecurity risks \n to equipment and technology related to the \n electoral process'';\n (ii) in paragraph (11), by striking ``and'' \n after the semicolon;\n (iii) by redesignating paragraph (12) as \n paragraph (14); and\n (iv) by inserting after paragraph (11) the \n following new paragraphs:\n ``(12) review information relating to cybersecurity risks \n that is gathered by State, local, and regional fusion centers, \n and incorporate such information, as appropriate, into the \n Department's own information relating to cybersecurity risks;\n ``(13) ensure the dissemination to State, local, and \n regional fusion centers of information relating to \n cybersecurity risks; and'';\n (B) in subsection (c)(2)--\n (i) by redesignating subparagraphs (C) \n through (G) as subparagraphs (D) through (H), \n respectively; and\n (ii) by inserting after subparagraph (B) \n the following new subparagraph:\n ``(C) The national cybersecurity and communications \n integration center under section 227.'';\n (C) in subsection (d)--\n (i) in paragraph (3), by striking ``and'' \n after the semicolon;\n (ii) by redesignating paragraph (4) as \n paragraph (5); and\n (iii) by inserting after paragraph (3) the \n following new paragraph:\n ``(4) assist, in coordination with the national \n cybersecurity and communications integration center under \n section 227, fusion centers in using information relating to \n cybersecurity risks to develop a comprehensive and accurate \n threat picture; and''; and\n (D) in subsection (j)--\n (i) by redesignating paragraphs (1) through \n (5) as paragraphs (2) through (6), \n respectively; and\n (ii) by inserting before paragraph (2), as \n so redesignated, the following new paragraph:\n ``(1) the term `cybersecurity risk' has the meaning given \n that term in section 227;''; and\n (2) in section 227 (6 U.S.C. 148)--\n (A) in subsection (c)--\n (i) in paragraph (5)(B), by inserting ``, \n including State and major urban area fusion \n centers, as appropriate'' before the semicolon \n at the end;\n (ii) in paragraph (7), in the matter \n preceding subparagraph (A), by striking \n ``information and recommendations'' each place \n it appears and inserting ``information, \n recommendations, and best practices''; and\n (iii) in paragraph (9), by inserting ``and \n best practices'' after ``defensive measures''; \n and\n (B) in subsection (d)(1)(B)(ii), by inserting ``and \n State and major urban area fusion centers, as \n appropriate'' before the semicolon at the end.\n\nSEC. 3. HOMELAND SECURITY GRANTS.\n\n Subsection (a) of section 2008 of the Homeland Security Act of 2002 \n(6 U.S.C. 609) is amended--\n (1) by redesignating paragraphs (4) through (14) as \n paragraphs (5) through (15), respectively; and\n (2) by inserting after paragraph (3) the following new \n paragraph:\n ``(4) enhancing cybersecurity, including preparing for and \n responding to cybersecurity risks and incidents and developing \n State-wide cyber threat information analysis and dissemination \n activities;''.\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that to facilitate the timely \ndissemination to appropriate State, local, and private sector \nstakeholders of homeland security information related to cyber threats, \nthe Secretary of Homeland Security should, to the greatest extent \npracticable, work to share actionable information related to cyber \nthreats in an unclassified form.\n\n Passed the House of Representatives September 26, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on September 19, 2016. Cyber Preparedness Act of 2016 This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) State, Local, and Regional Fusion Center Initiative to coordinate with the national cybersecurity and communications integration center (NCCIC) to provide state, local, and regional fusion centers with expertise on DHS cybersecurity resources. DHS must: (1) provide timely access to technical assistance, risk management support, and incident response capabilities for cybersecurity threat indicators, defensive measures, risks, and incidents, including cybersecurity risks to equipment and technology related to the electoral process. (2) review cybersecurity risk information gathered by fusion centers to incorporate into DHS's cybersecurity risk information. And (3) disseminate cybersecurity risk information to fusion centers. Fusion center officers or intelligence analysts may be assigned from the NCCIC. Such officers and analysts must assist fusion centers in using cybersecurity risk information to develop a comprehensive and accurate threat picture. The NCCIC may include, and must share analysis and best practices with, state and major urban area fusion centers. States, local or tribal governments, or high-risk urban areas receiving grants to protect against terrorism under the Urban Area Security Initiative or the State Homeland Security Grant Program may use the funds to: (1) prepare for and respond to cybersecurity risks and incidents, and (2) develop statewide cyber threat information analysis and dissemination activities. The bill expresses the sense of Congress that DHS should share actionable information related to cyber threats in an unclassified form to facilitate timely dissemination to state, local, and private sector stakeholders.","title":"Cyber Preparedness Act of 2016","text_len":6079,"sum_len":1900} {"bill_id":"107_s555","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) mercury pollution from coal-fired power plants, waste \n incinerators, and other anthropogenic sources continues to \n contaminate inland waterways and territorial waters of the \n United States;\n (2) mercury accumulates in fish as methylmercury and is \n passed on to humans that eat those fish;\n (3) methylmercury is a potent neurotoxin that, even in \n small quantities--\n (A) can cause serious damage to the human central \n nervous system and adverse effects on many other \n systems in the human body;\n (B) is especially harmful to pregnant women and \n young children; and\n (C) puts an estimated 60,000 newborns at risk for \n adverse neurodevelopmental effects each year in the \n United States from in utero exposure;\n (4) certain commercial seafood species can have dangerously \n high levels of methylmercury, as evidenced by Food and Drug \n Administration data acquired in the 1990's, up to the time that \n the agency discontinued domestic sampling in 1998;\n (5) the Food and Drug Administration's long-standing action \n level of 1.0 parts per million for methylmercury in fish--\n (A) is out of date; and\n (B) according to scientific evidence, does not \n adequately protect pregnant women and young children;\n (6) the comprehensive Mercury Study Report to Congress \n issued by the Environmental Protection Agency in December 1997 \n recommended a methylmercury consumption limit of 0.1 micrograms \n per kilogram of body weight per day, which is 5 times lower \n than the Food and Drug Administration's current action level;\n (7) the report entitled ``Toxicological Effects of \n Methylmercury'', issued by the National Academy of Sciences in \n July 2000, confirmed that the Environmental Protection Agency's \n limit is ``scientifically justifiable for the protection of \n public health'';\n (8) the report entitled ``Food Safety: Federal Oversight of \n Seafood Does Not Sufficiently Protect Consumers'', issued by \n the General Accounting Office in February 2001, highlights the \n inadequacies of Food and Drug Administration guidance regarding \n methylmercury in commercial seafood;\n (9) many States have been forced to issue mercury \n advisories for inland waterways and health warnings regarding \n the fish that may be caught in those waterways; and\n (10) some States have also issued mercury advisories for \n commercial seafood.\n\nSEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.\n\n Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n341 et seq.) is amended--\n (1) in section 402(a)(2), by inserting after ``section 512; \n or'' the following: ``(D) if it is seafood that bears or \n contains methylmercury that is unsafe within the meaning of \n section 406A(a); or''; and\n (2) by inserting after section 406 the following:\n\n``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.\n\n ``(a) In General.--Not later than 1 year after the date of \nenactment of this section, the Secretary shall by regulation establish \na tolerance for the presence of methylmercury in seafood.\n ``(b) Requirements.--The tolerance established under subsection (a) \nshall--\n ``(1) be based on a scientific analysis of the health risks \n attributable to methylmercury; and\n ``(2) be set at a level for which the Secretary determines \n that there is a reasonable certainty that no harm will result \n from aggregate exposure to methylmercury in seafood, including \nall anticipated dietary exposures for which there is reliable \ninformation.\n ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing \nmethylmercury shall be deemed to be unsafe for purposes of section \n402(a)(2)(D) unless the quantity of methylmercury is within the limits \nof the tolerance.\n ``(d) Pregnant Women, Infants, and Children.--In establishing or \nmodifying the tolerance under subsection (a), the Secretary shall \nensure that there is a reasonable certainty that no harm will result to \npregnant women, infants, and children from aggregate exposure to \nmethylmercury.\n ``(e) Sampling System.--\n ``(1) In general.--Not later than 18 months after the date \n of enactment of this section, the Secretary, after consultation \n with the Secretary of Agriculture, shall establish a system for \n the collection and analysis of samples of seafood to determine \n the extent of compliance with the tolerance under subsection \n (a).\n ``(2) Monitoring.--The sampling system shall provide \n statistically valid monitoring (including market-basket \n studies) with respect to compliance with the tolerance.\n ``(3) Avoidance of duplication of effort.--To the extent \n practicable, the sampling system shall be consistent with, and \n shall be coordinated with, other seafood sampling systems that \n are in use, so as to avoid duplication of effort.\n ``(f) Public Education and Advisory System.--\n ``(1) Public education.--The Secretary, in cooperation with \n private and public organizations (including cooperative \n extension services and appropriate State entities) shall design \n and implement a national public education program regarding the \n presence of methylmercury in seafood.\n ``(2) Features.--The program shall provide--\n ``(A) information to the public regarding--\n ``(i) Federal standards and good practice \n requirements; and\n ``(ii) promotion of public awareness, \n understanding, and acceptance of the standards \n and requirements;\n ``(B) information to health professionals so that \n health professionals may improve diagnosis and \n treatment of mercury-related illness and advise \n individuals whose health conditions place those \n individuals at particular risk; and\n ``(C) such other information or advice to consumers \n and other persons as the Secretary determines will \n promote the purposes of this section.\n ``(3) Health advisories.--The Secretary, in consultation \n with the Secretary of Agriculture and the Administrator of the \n Environmental Protection Agency, shall work with the States and \n other appropriate entities to--\n ``(A) develop and distribute regional and national \n advisories concerning the presence of methylmercury in \n seafood;\n ``(B) develop standardized formats for written and \n broadcast advisories regarding methylmercury in \n seafood; and\n ``(C) incorporate State and local advisories into \n the national public education program under paragraph \n (1).''.\n\nSEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.\n\n In carrying out section 406A(a) of the Federal Food, Drug, and \nCosmetic Act (as added by section 3), the Secretary of Health and Human \nServices, acting through the Commissioner of Food and Drugs, shall \nconsider the findings of the National Academy of Sciences regarding the \nEnvironmental Protection Agency's recommended level for methylmercury \nexposure and the presence of methylmercury in seafood, as such findings \nare described in the report issued by the National Academy of Sciences \nin July 2000.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Sampling.--There is authorized to be appropriated to carry out \nsampling under section 406A(e) of the Federal Food, Drug, and Cosmetic \nAct (as added by section 3) $500,000 for each of fiscal years 2002 \nthrough 2011.\n (b) Public Education and Advisory System.--There is authorized to \nbe appropriated to develop and implement the public education and \nadvisory system under section 406A(f) of the Federal Food, Drug, and \nCosmetic Act (as added by section 3) $500,000 for each of fiscal years \n2002 through 2011.\n (c) State Support.--\n (1) In general.--There is authorized to be appropriated to \n support efforts of the States to sample noncommercial fish and \n inland waterways for mercury and to produce State-specific \n health advisories related to mercury $2,000,000 for each of \n fiscal years 2002 through 2011.\n (2) Equitable distribution.--The Administrator of the \n Environmental Protection Agency shall distribute amounts made \n available under paragraph (1) equitably among the States \n through programs in existence on the date of enactment of this \n Act.\n\nSEC. 6. REPORT.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of Health and Human Services, \nacting through the Commissioner of Food and Drugs, shall submit to \nCongress a report on the progress of the Secretary in establishing the \ntolerance required by section 406A of the Federal Food, Drug, and \nCosmetic Act (as added by section 3).\n (b) Contents.--The report shall include a description of the \nresearch that has been conducted or reviewed with respect to the \ntolerance.","summary":"Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood. Deems as unsafe any seafood not meeting such tolerance.","title":"A bill to amend the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to establish a tolerance for the presence of methylmercury in seafood, and for other purposes.","text_len":9898,"sum_len":297} {"bill_id":"114_hr5226","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Regulatory Integrity Act of 2016''.\n\nSEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY \n ACTIONS.\n\n (a) Amendment.--Chapter 3 of title 5, United States Code, is \namended by inserting after section 306 the following new section:\n``Sec. 307. Information regarding pending agency regulatory action\n ``(a) Definitions.--In this section:\n ``(1) Agency regulatory action.--The term `agency \n regulatory action' means guidance, policy statement, directive, \n rule making, or adjudication issued by an Executive agency.\n ``(2) Aggrandizement.--The term `aggrandizement' means--\n ``(A) any communication emphasizing the importance \n of the Executive agency or agency regulatory action \n that does not have the clear purpose of informing the \n public of the substance or status of the Executive \n agency or agency regulatory action; or\n ``(B) any communication that is puffery.\n ``(3) Public communication.--The term `public \n communication'--\n ``(A) means any method (including written, oral, or \n electronic) of disseminating information to the public, \n including an agency statement (written or verbal), \n blog, video, audio recording, or other social media \n message; and\n ``(B) does not include a notice published in the \n Federal Register pursuant to section 553 or any \n requirement to publish pursuant to this section.\n ``(4) Rule making.--The term `rule making' has the meaning \n given that term under section 551.\n ``(b) Information To Be Posted Online.--\n ``(1) Requirement.--The head of each Executive agency shall \n make publicly available in a searchable format in a prominent \n location either on the website of the Executive agency or in \n the rule making docket on Regulations.gov the following \n information:\n ``(A) Pending agency regulatory action.--A list of \n each pending agency regulatory action and with regard \n to each such action--\n ``(i) the date on which the Executive \n agency first began to develop or consider the \n agency regulatory action;\n ``(ii) the status of the agency regulatory \n action;\n ``(iii) an estimate of the date of upon \n which the agency regulatory action will be \n final and in effect;\n ``(iv) a brief description of the agency \n regulatory action;\n ``(v) if applicable, a list of agency \n regulatory actions issued by the Executive \n agency, or any other Executive agency, that \n duplicate or overlap with the agency regulatory \n action; and\n ``(vi) if a regulatory impact analysis or \n similar cost-benefit analysis has been \n conducted, the findings of such analysis, \n including any data or formula used for purposes \n of such analysis.\n ``(B) Public communication.--For each pending \n agency regulatory action, a list of each public \n communication about the pending agency regulatory \n action issued by the Executive agency and with regard \n to each such communication--\n ``(i) the date of the communication;\n ``(ii) the intended audience of the \n communication;\n ``(iii) the method of communication; and\n ``(iv) a copy of the original \n communication.\n ``(2) Period.--The head of each Executive agency shall \n publish the information required under paragraph (1)(A) not \n later than 24 hours after a public communication relating to a \n pending agency regulatory action is issued and shall maintain \n the public availability of such information not less than 5 \n years after the date on which the pending agency regulatory \n action is finalized.\n ``(c) Requirements for Public Communications.--Any public \ncommunication issued by an Executive agency that refers to a pending \nagency regulatory action--\n ``(1) shall specify whether the Executive agency is \n considering alternatives, including alternatives that may \n conflict with the intent, objective, or methodology of such \n agency regulatory action;\n ``(2) shall specify whether the Executive agency is \n accepting or will be accepting comments;\n ``(3) shall expressly disclose that the Executive agency is \n the source of the information to the intended recipients; and\n ``(4) may not--\n ``(A) solicit support for or promote the pending \n agency regulatory action;\n ``(B) be sent through the private email account of \n an officer or employee of the Executive agency; or\n ``(C) include statements of aggrandizement for the \n Executive agency, any Federal employee, or the pending \n agency regulatory action.\n ``(d) Reporting.--\n ``(1) In general.--Not later than January 15 of each year, \n the head of an Executive agency that communicated about a \n pending agency regulatory action during the previous fiscal \n year shall submit to each committee of Congress with \n jurisdiction over the activities of the Executive agency a \n report indicating--\n ``(A) the number pending agency regulatory actions \n the Executive agency issued public communications about \n during that fiscal year;\n ``(B) the average number of public communications \n issued by the Executive agency for each pending agency \n regulatory action during that fiscal year;\n ``(C) the 5 pending agency regulatory actions with \n the highest number of public communications issued by \n the Executive agency in that fiscal year; and\n ``(D) a copy of each public communication for the \n pending agency regulatory actions identified in \n subparagraph (C).\n ``(2) Availability of reports.--The head of an Executive \n agency that is required to submit a report under paragraph (1) \n shall make the report publicly available in a searchable format \n in a prominent location on the website of the Executive \n agency.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 3 of title 5, United States\n\n\n \n\n Code, is amended by adding after the item relating to section 306 the \nfollowing new item:\n\n``307. Information regarding pending agency regulatory action.''.\n\n Passed the House of Representatives September 14, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Regulatory Integrity Act of 2016 This bill directs each executive agency to make publicly available on the agency website or in the rule making docket on Regulations. gov a list of pending agency regulatory actions and for each such action: the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, and a brief description of such action. A list of any duplicative or overlapping regulatory actions issued by the same or any other agency. If a regulatory impact analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis. And a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication. Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least 5 years after the action is finalized. Any public communication issued by an agency that refers to a pending agency regulatory action: shall specify whether the agency is considering alternatives and accepting comments. Shall expressly disclose that the agency is the source of the information to the intended recipients. And may not solicit support for or promote the action, be sent through the private email account of an agency officer or employee, or include statements of aggrandizement for the agency, any federal employee, or the action. An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating: the number of pending agency regulatory actions the agency issued public communications about during that fiscal year, the average number of public communications issued by the agency for each such action, and the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication. The report shall be made publicly available on the agency's website.","title":"Regulatory Integrity Act of 2016","text_len":7729,"sum_len":2266} {"bill_id":"114_s2564","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dine College Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Treaty between the United States of America and the \n Navajo Tribe of Indians, done at Fort Sumner, New Mexico, June \n 1, 1868 (15 Stat. 667), provides for the education of the \n citizens of the Navajo Nation;\n (2) the Navajo Nation created and chartered the Navajo \n Community College by Resolution CN- 95-68 as a wholly owned \n educational entity of the Navajo Nation;\n (3) in 1971, Congress enacted the Navajo Community College \n Act (25 U.S.C. 640a et seq.);\n (4) the Navajo Nation officially changed the name of the \n Navajo Community College to ``Dine College'' by Resolution CAP-\n 35-97; and\n (5) the purpose of Dine College is to provide educational \n opportunities to the Navajo people and others in areas \n important to the economic and social development of the Navajo \n Nation.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to ensure that the Navajo Nation and \nNavajo people--\n (1) exercise their right to self-determination, \n particularly in matters relating to the internal and local \n affairs of the Navajo Nation;\n (2) maintain and strengthen distinct institutions of higher \n education through the teaching of the Navajo language, culture, \n traditions, and history; and\n (3) improve the economic and social conditions of the \n Navajo Nation and Navajo people through higher education and \n postsecondary vocational training.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Appropriate committees of congress.--The term \n ``appropriate committees of Congress'' means--\n (A) the Committee on Indian Affairs and the \n Committee on Appropriations of the Senate; and\n (B) the Committee on Natural Resources, the \n Committee on Education and the Workforce, and the \n Committee on Appropriations of the House of \n Representatives.\n (2) College.--The term ``College'' means Dine College.\n (3) Infrastructure.--\n (A) In general.--The term ``infrastructure'' means \n the buildings, water and sewer facilities, roads, and \n information technology and telecommunications \n infrastructure of the College.\n (B) Inclusions.--The term ``infrastructure'' \n includes classrooms and external matters such as \n walkways.\n (4) Operation and maintenance.--The term ``operation and \n maintenance'' means--\n (A) costs and expenses associated with the \n customary daily operation of the College; and\n (B) necessary maintenance costs of the College.\n (5) Renovation and repair.--The term ``renovation and \n repair'' means modernization and improvement to the \n infrastructure.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 5. SURVEY, STUDY, AND REPORT.\n\n (a) In General.--\n (1) Survey, study, and report.--Not later than January 31, \n 2017, in accordance with subsection (b), the Secretary shall \n conduct, and submit to the appropriate committees of Congress a \n report on the results of, a detailed survey and study of all \n capital projects and facility needs of the College.\n (2) Inclusions in report.--The report described in \n paragraph (1) shall include--\n (A) recommendations by the Secretary; and\n (B) any recommendations or views submitted by the \n College or the Navajo Nation regarding the capital \n projects and facility needs of the College.\n (b) Inventory.--\n (1) In general.--Not later than August 1, 2016, the College \n shall prepare and submit to the Secretary an inventory that \n identifies the renovations and repairs necessary to meet--\n (A) health and safety standards; and\n (B) any other requirements the College determines \n necessary.\n (2) Use of inventory.--The Secretary shall use the \n inventory described in paragraph (1) as baseline data to inform \n the survey, study, and report under subsection (a).\n (c) Administrative Expenses.--The Secretary may use to carry out \nthis section amounts made available to the Secretary in general \nadministrative appropriations.\n\nSEC. 6. GRANTS AUTHORIZED.\n\n (a) Construction Grants.--\n (1) In general.--The Secretary shall make grants to the \n College for construction activities, including the renovation \n and repair or construction of buildings, water and sewer \n facilities, roads, information technology and \n telecommunications infrastructure, classrooms, and external \n structures (such as walkways) identified in the survey, study, \n and report under section 5.\n (2) Authorization of appropriations.--There is authorized \n to be appropriated to the Secretary to carry out paragraph (1) \n $2,000,000 for each of fiscal years 2017 through 2020, to \n remain available until expended unless otherwise provided in an \n appropriations Act.\n (b) Operation and Maintenance Grants.--\n (1) In general.--The Secretary shall make grants to the \n College for operation and maintenance activities, including--\n (A) basic, special, developmental, vocational, \n technical, and special handicapped education costs;\n (B) annual capital expenditures, including \n equipment needs, minor capital improvements and \n remodeling projects, physical plant maintenance and \n operation costs, and an exceptions and supplemental \n needs account;\n (C) summer and special interest programs;\n (D) major capital improvements, including internal \n capital outlay funds and capital improvement projects;\n (E) mandatory payments, including payments due on \n bonds, loans, notes, or lease purchases;\n (F) supplemental student services, including \n student housing, food service, and the provision of \n access to books and services; and\n (G) improving and expanding the College, including \n by providing for the Navajo people and others in the \n community of the College--\n (i) higher education programs;\n (ii) career and technical education;\n (iii) activities relating to the \n preservation and protection of the Navajo \n language, philosophy, and culture;\n (iv) employment and training opportunities;\n (v) economic development and community \n outreach; and\n (vi) a safe learning, working, and living \n environment.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated to the Secretary to carry out paragraph (1) \n such sums as are necessary for each of fiscal years 2017 \n through 2020, to remain available until expended unless \n otherwise provided in an appropriations Act.\n\nSEC. 7. STATUS OF FUNDS.\n\n Amounts made available to the College under this Act may be treated \nas non-Federal, private funds of the College for purposes of any \nprovision of Federal law that requires that non-Federal or private \nfunds of the College be used in a project for a specific purpose.\n\nSEC. 8. EFFECT ON OTHER LAWS.\n\n This Act supersedes--\n (1) the Navajo Community College Act (25 U.S.C. 640a et \n seq.);\n (2) the Navajo Community College Assistance Act of 1978 (25 \n U.S.C. 640a note; Public Law 95-471); and\n (3) the Navajo Nation Higher Education Act of 2008 (25 \n U.S.C. 640a note; Public Law 110-315).\n\nSEC. 9. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.\n\n Except as explicitly provided in other Federal law, nothing in this \nAct precludes the eligibility of the College to receive Federal funding \nand resources under any program authorized under--\n (1) the Higher Education Act of 1965 (20 U.S.C. 1001 et \n seq.);\n (2) the Equity in Educational Land-Grant Status Act of 1994 \n (7 U.S.C. 301 note; Public Law 103-382); or\n (3) any other applicable program for the benefit of \n institutions of higher education, community colleges, or \n postsecondary educational institutions.\n ","summary":"Dine College Act of 2016 This bill requires the Department of the Interior to conduct a survey and study of all capital projects and facility needs of Dine College, a tribal community college in the Navajo Nation in Arizona. Interior must report the results and include views or recommendations submitted by the college or the Navajo Nation and Interior's recommendations. Prior to the survey and study, Dine College must identify for Interior renovations and repairs necessary to meet health and safety standards and other requirements. Interior must make grants to Dine College for activities including construction, operation and maintenance, education, summer programs, student services, and college expansion. Amounts made available to Dine College under this bill are treated as non-federal, private funds for the purposes of any federal law that requires the use of non-federal or private funds.","title":"Dine College Act of 2016","text_len":9699,"sum_len":902} {"bill_id":"104_s1807","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kake Tribal Corporation Land \nExchange Act''.\n\nSEC. 2. AMENDMENT OF SETTLEMENT ACT.\n\n The Alaska Native Claims Settlement Act (Pub. L. 92-203, December \n18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as amended, is further \namended by adding a new section to read:\n\n``SEC. 40. KAKE TRIBAL CORPORATION LAND EXCHANGE.\n\n ``(a) To provide Kake Tribal Corporation with land suitable for \ndevelopment, to acknowledge the corporation's return to public \nownership land needed as a municipal watershed area, and to promote the \npublic interest, the Secretary shall convey to the corporation \napproximately 2,427 acres of Federal land as described in subsection \n(c). The land to be conveyed includes--\n ``(1) up to 388 acres in the Slate Lakes area, as described \n in (c)(2) of this section, if, within five years after the \n effective date of this section, the corporation has entered \n into an agreement to lease or otherwise convey some or all of \n the land to the operator of the Jualin Mine; or\n ``(2) at the corporation's option, the 388 acres mentioned \n in (1) of this subsection and the remaining 2,039 acres may be \n conveyed from the acres described in (c)(3) of this section.\n ``(b) Title to Surface and Subsurface.--Subject to valid existing \nrights and easements, the Secretary shall, no later than the deadlines \nspecified in (c) (2) and (3) of this section, convey to Kake Tribal \nCorporation title to the surface estate in this land and convey to \nSealaska Corporation title to the subsurface estate in that land.\n ``(c) Description and Deadlines.--The land covered by this section \nis in the Copper River Meridian and is further described as follows:\n ``(1) The land to be conveyed by Kake Tribal Corporation to \n the United States, no later than 90 days after the effective \n date of this section, as shown on the map dated ______ and \n labeled Attachment A, is the municipal watershed area and is \n described as follows:\n\n\n ``Municipal watershed \n------------------------------------------------------------------------\n Approximate\n Section acres \n------------------------------------------------------------------------\n \n T56S, R72E \n13......................................................... 82\n23......................................................... 118\n24......................................................... 635\n25......................................................... 640\n26......................................................... 346\n34......................................................... 9\n35......................................................... 349\n36......................................................... 248\n ------------\n Approximate Total........................................ 2,427''\n------------------------------------------------------------------------\n\n ``(2) Kake Tribal Corporation shall have the option to \n select up to 388 acres in the Slate Lakes area, as shown on the \n map dated ______ and labeled Attachment B. This option shall \n remain in effect for five years after the date of enactment of \n this section. The land to be conveyed is identified on the \n following maps as:\n\n\n Slate lakes area \n------------------------------------------------------------------------\n Approximate\n Section Description acres \n------------------------------------------------------------------------\n \n T35S, R62E \n22................................. E\\1\/2\\................ 27\n23................................. W\\1\/2\\................ 152\n26................................. W\\1\/2\\................ 119\n27................................. E\\1\/2\\................ 23\n \n T36S, R62E \n1.................................. W\\1\/2\\, NW\\1\/4\\....... 38\n \n Two utility corridors: One beginning in the northwest \nquarter of section 1, T36S, R62E, heading northwest through \n the northeast quarter of section 2, then heading northwest \n through section 26, T35S, R62E; another beginning in \n section 23, T35S, R62E, heading northeast, then heading \n northwest through section 23, then northwest through the \n southwest quarter of section 15, then northwest through \nsection 16, then turning northeast in the northeast quarter \n of section 16 to the Jualin patented group. \n Approximate Total.................................... 388''\n------------------------------------------------------------------------\n\n ``(3) The remaining 2,039 acres of land to be conveyed to \n Kake Tribal Corporation, or the entire 2,427 acres if the \n option on the 388 acres mentioned in (2) of this subsection is \n not exercised, shall be land in the Hamilton Bay and Saginaw \n Bay areas and shall be conveyed within 90 days after the \n effective date of this section; this land is shown on the maps \n dated ______ and labeled Attachments C and D.\n ``(d) Timber Manufacturing.--Notwithstanding any other provision of \nlaw, timber harvested from lands conveyed to Kake Tribal Council \npursuant to this Act shall not be available for export as unprocessed \nlogs from Alaska, nor may Kake Tribal Corporation sell, trade, \nexchange, substitute, or otherwise convey such logs to any other person \nfor the purpose of exporting such logs from the State of Alaska.\n ``(e) Relation to Other Requirements.--The land conveyed to Kake \nTribal Corporation and Sealaska Corporation under this section is, for \nall purposes, considered land conveyed under the Alaska Native Claims \nSettlement Act.\n ``(f) Maps.--The maps referred to in this section shall be \nmaintained on file in the Office of the Chief, United States Forest \nService, and in the Office of the Secretary of the Interior, \nWashington, DC. The acreage cited in this section is approximate, and \nif a discrepancy arises between cited acreage and the land depicted on \nthe specified maps the maps shall control. The maps do not constitute \nan attempt by the United States to convey State or private land.''.","summary":"Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of the Interior, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development. (2) Sealaska Corporation title to subsurface estate in such land needed as a municipal watershed area. And (3) United States, by the Kake Corporation, specified lands. Directs that timber harvested from lands conveyed to the Kake Tribal Council shall not be made available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska.","title":"Kake Tribal Corporation Land Exchange Act","text_len":7295,"sum_len":822} {"bill_id":"110_hr4062","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Accountability for Nuclear \nWaste Storage Act of 2007''.\n\nSEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.\n\n (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 \n(42 U.S.C. 10121 et seq.) is amended by adding at the end the \nfollowing:\n\n ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel\n\n``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.\n\n ``(a) Definitions.--In this section:\n ``(1) Contractor.--The term `contractor' means a person \n that holds a contract under section 302(a) and is licensed by \n the Commission to possess spent nuclear power reactor fuel.\n ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear \n fuel dry cask' means the container (and all the components and \n systems associated with the container)--\n ``(A) in which spent nuclear fuel is stored and \n naturally cooled at an independent spent fuel storage \n installation that is licensed by the Commission and \n located at the power reactor site; and\n ``(B) with a design that is approved by the \n Commission by license or rule.\n ``(3) Spent nuclear fuel pool.--The term `spent nuclear \n fuel pool' means a water-filled container on a nuclear power \n reactor site in which spent nuclear fuel rods are stored.\n ``(b) Transfer of Spent Nuclear Fuel.--\n ``(1) In general.--A contractor shall transfer spent \n nuclear fuel from spent nuclear fuel pools to spent nuclear \n fuel dry casks at an independent spent fuel storage \n installation that is licensed by the Commission and located at \n the power reactor site in accordance with this section.\n ``(2) Spent nuclear fuel stored as of date of enactment.--\n Not later than 6 years after the date of enactment of this \n section, a contractor shall complete the transfer of all spent \n nuclear fuel that is stored in spent nuclear fuel pools as of \n the date of enactment of this section.\n ``(3) Spent nuclear fuel stored after date of enactment.--\n Not later than 6 years after the date on which spent nuclear \n fuel is discharged from a reactor, a contractor shall complete \n the transfer of any spent nuclear fuel that is stored in a \n spent nuclear fuel pool after the date of enactment of this \n section.\n ``(4) Inadequate funds or availability.--If funds are not \n available to complete a transfer under paragraph (2) or (3), or \n if spent nuclear fuel dry casks suitable for the particular \n fuel are not available on reasonable terms and conditions, the \n contractor may apply to the Commission to extend the deadline \n for the transfer to be completed.\n ``(5) Commission licensing.--\n ``(A) In general.--The transfer under paragraph (2) \n or (3) shall be to spent nuclear fuel dry casks \n generally licensed by the Commission.\n ``(B) Generally licensed spent nuclear fuel dry \n casks unavailable.--If generally licensed spent nuclear \n fuel dry casks described in subparagraph (A) are not \n available, the deadlines established in paragraphs (2) \n and (3) may be met by the good faith filing of an \n application to the Commission for a specific \n independent spent fuel storage installation license.\n ``(C) Expedited review.--The Commission shall \n expedite the review and decision of the Commission on \n an application received under subparagraph (B) in a \n manner that is consistent with public health and \n safety, common defense and security, and the right of \n an interested person to a hearing under the Atomic \n Energy Act of 1954 (42 U.S.C. 2011 et seq.).\n ``(c) Funding.--The Secretary shall make grants to compensate a \ncontractor for expenses incurred in carrying out subsection (b), \nincluding costs associated with--\n ``(1) licensing and construction of an independent spent \n fuel storage installation located at the power reactor site;\n ``(2) fabrication and delivery of spent nuclear fuel dry \n casks;\n ``(3) transfers of spent nuclear fuel;\n ``(4) documentation relating to the transfers;\n ``(5) security; and\n ``(6) hardening and other safety or security improvements.\n ``(d) Conveyance of Title.--\n ``(1) Certification and conveyance of title.--\n ``(A) Certification.--The Commission shall certify \n to the Secretary when safe and secure transfer of spent \n nuclear fuel has been carried out under paragraph (2) \n or (3) of subsection (b).\n ``(B) Acceptance of title.--On receipt of the \n certification, the Secretary shall accept the \n conveyance of title to the spent nuclear fuel dry cask \n (including the contents of the spent nuclear fuel dry \n cask) from the contractor.\n ``(2) Responsibility.--\n ``(A) In general.--A conveyance of title under \n paragraph (1)(B) shall confer on the Secretary full \n responsibility (including safety, security, and \n financial responsibility) for the subsequent \n possession, stewardship, maintenance, monitoring, and \n ultimate disposition of all spent nuclear fuel \n transferred to the Secretary.\n ``(B) Licenses.--On conveyance of title--\n ``(i) the general or specific Commission \n license held by the contractor for the spent \n nuclear fuel dry cask shall be terminated; and\n ``(ii) a general license for the spent \n nuclear fuel dry cask under sections 53 and 81 \n of the Atomic Energy Act of 1954 (42 U.S.C. \n 2073, 2111) shall be issued to the Secretary.\n ``(C) Regulations.--Not later than 5 years after \n the date of enactment of this section, the Commission \n shall promulgate regulations that establish the terms \n and conditions for licenses described in subparagraph \n (B)(ii).\n ``(e) Administration.--\n ``(1) In general.--Not later than 5 years after the date of \n enactment of this section, the Secretary shall establish the \n capability to carry out subsection (d)(2) in a manner that \n protects the public health and safety and common defense and \n security, and complies with all applicable laws.\n ``(2) Contracts with licensees.--\n ``(A) In general.--Subject to subparagraph (B), the \n Secretary may contract with a holder of the operating \n license issued by the Commission for 1 or more of the \n power reactors located on or adjacent to the spent \n nuclear fuel dry cask for the performance of all or \n part of the tasks required to carry out subsection \n (d)(2).\n ``(B) Effect of contract.--A contract described in \n subparagraph (A) shall not relieve the Secretary of the \n ultimate responsibility of the Secretary under \n subsection (d)(2) and as a licensee of the \n Commission.''.\n (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste Policy \nAct of 1982 (42 U.S.C. 10222(d)) is amended--\n (1) in paragraph (5), by striking ``and'' at the end;\n (2) in paragraph (6), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(7) the costs incurred in carrying out subsections (c) \n and (e) of section 185.''.","summary":"Federal Accountability for Nuclear Waste Storage Act of 2007 - Amends the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer, within six years after enactment of this Act, spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility generally licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Directs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer. And (2) accept conveyance of title to a spent nuclear fuel dry cask from the contractor following certification of compliance by the NRC. States that conveyance of title confers upon the Secretary full responsibility for the possession, stewardship, maintenance, monitoring, and ultimate disposition of all transferred spent nuclear fuel. Authorizes the Secretary to contract with the holder of an NRC operating license for power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of such tasks.","title":"To amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer spent nuclear fuel from the spent nuclear fuel pools of the operators into spent nuclear fuel dry casks at independent spent fuel storage installations of the operators that are licensed by the Nuclear Regulatory Commission, to convey to the Secretary of Energy title to all such transferred spent nuclear fuel, to provide for the transfer to the Secretary of the independent spent fuel storage installation operating responsibility of each plant together with the license granted by the Commission for the installation, and for other purposes.","text_len":8335,"sum_len":1111} {"bill_id":"115_s848","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reigniting Opportunity for \nInnovators Act''.\n\nSEC. 2. SMALL BUSINESS STARTUP FOUNDER AND EMPLOYEE LOAN DEFERMENT AND \n CANCELLATION.\n\n (a) Deferment Without Interest Accrual for Small Business Startup \nFounders and Employees.--Section 455(f) of the Higher Education Act of \n1965 (20 U.S.C. 1087e(f)) is amended by adding at the end the \nfollowing:\n ``(5) Deferment without interest accrual for small business \n startup founders and employees.--\n ``(A) In general.--Subject to subparagraph (B), a \n qualifying small business startup borrower shall be \n eligible for a deferment, during which periodic \n installments of principal need not be paid and interest \n shall not accrue, during any period while the borrower \n is employed as a founder or full-time employee of a \n small business startup.\n ``(B) Limitations.--A qualifying small business \n startup borrower shall not receive a deferment under \n this paragraph for any period--\n ``(i) in excess of 3 years; or\n ``(ii) that begins more than 5 years, or \n ends more than 8 years, after the date the \n small business startup was established (as \n determined by the small business development \n center that approved such borrower under \n section 21(o)(5) of the Small Business Act (15 \n U.S.C. 648(o)(5))).\n ``(C) Definitions.--In this paragraph--\n ``(i) the terms `founder', `full-time \n employee', and `small business startup' have \n the meanings given the terms in subsection \n (r)(2); and\n ``(ii) the term `qualifying small business \n startup borrower' means a borrower of a loan \n made under this part whose employment as a \n small business startup founder or full-time \n employee is approved by a small business \n development center under section 21(o)(5) of \n the Small Business Act (15 U.S.C. \n 648(o)(5)).''.\n (b) Loan Cancellation.--Section 455 of the Higher Education Act of \n1965 (20 U.S.C. 1087e) is amended by adding at the end the following:\n ``(r) Loan Cancellation for Founders and Employees of Small \nBusiness Startups in Distressed Areas.--\n ``(1) Loan cancellation.--\n ``(A) In general.--The Secretary shall cancel the \n balance of interest and principal due, subject to \n subparagraph (B), on any eligible Federal Direct Loan \n not in default for a borrower who--\n ``(i) at the time of such cancellation, is \n employed as a founder or full-time employee of \n a small business startup in a distressed area \n who--\n ``(I) has been approved for loan \n cancellation by a small business \n development center under section \n 21(o)(6) of the Small Business Act (15 \n U.S.C. 648(o)(6)); and\n ``(II) began such employment during \n the 5-year period beginning on the date \n that the small business startup was \n established (as determined by such \n small business development center); and\n ``(ii) during the time period for which the \n borrower has been approved by the small \n business development center, which in no case \n shall be more than 10 years after the date on \n which the small business startup was \n established, has made 24 monthly payments on \n the eligible Federal Direct Loan pursuant to \n any repayment plan under subsection (d)(1) or a \n combination of such plans while so employed.\n ``(B) Loan cancellation maximum.--The Secretary \n shall cancel under this subsection not more than an \n aggregate of $20,000 of the loan obligation on the \n eligible Federal Direct Loans of a borrower.\n ``(C) Timing requirements.--Each of the 24 monthly \n payments required under this subsection shall be made \n after the date of enactment of this subsection.\n ``(D) Ineligibility for double benefits.--No \n borrower may, for the same service, receive a reduction \n of loan obligations under both this subsection and--\n ``(i) subsection (m); or\n ``(ii) section 428J, 428K, 428L, or 460.\n ``(2) Definitions.--In this subsection:\n ``(A) Distressed area.--The term `distressed area' \n has the meaning given the term in section 21(o)(1) of \n the Small Business Act (15 U.S.C. 648(o)(1)).\n ``(B) Eligible federal direct loan.--The term \n `eligible Federal Direct Loan' means a Federal Direct \n Stafford Loan, Federal Direct PLUS Loan, Federal Direct \n Unsubsidized Stafford Loan, or a Federal Direct \n Consolidation Loan.\n ``(C) Founder; full-time employee.--The terms \n `founder' and `full-time employee' have the meanings \n given the terms in section 21(o)(1) of the Small \n Business Act (15 U.S.C. 648(o)(1)).\n ``(D) Small business startup.--The term `small \n business startup' means a business that is certified by \n a small business development center under section \n 21(o)(3) of the Small Business Act (15 U.S.C. \n 648(o)(3)).''.\n (c) Conforming Amendments.--Title IV of the Higher Education Act of \n1965 (20 U.S.C. 1070a et seq.) is further amended--\n (1) in section 428J(g)(2), by striking ``section 455(m)'' \n and inserting ``subsection (m) or (r) of section 455'';\n (2) in section 428K(f)--\n (A) by inserting ``subsection (m) or (r) of section \n 455 or'' before ``section 428J''; and\n (B) by striking ``455(m)'';\n (3) in section 428L(g), by striking ``455(m)'' and \n inserting ``subsection (m) or (r) of section 455'';\n (4) in section 455(m)(4), by inserting ``subsection (r) \n or'' before ``section 428J''; and\n (5) in section 460(g)(2)(B), by striking ``section 455(m)'' \n and inserting ``subsection (m) or (r) of section 455''.\n\nSEC. 3. SMALL BUSINESS DEVELOPMENT CENTERS.\n\n Section 21 of the Small Business Act (15 U.S.C. 648) is amended--\n (1) in subsection (c)(3)--\n (A) in subparagraph (S), by striking ``and'' at the \n end;\n (B) in subparagraph (T), by striking the period at \n the end and inserting a semicolon; and\n (C) by adding at the end the following:\n ``(U) certifying small business startups under subsection \n (o)(3); and\n ``(V) approving loan deferment or cancellation under \n paragraph (5) or (6) of subsection (o) for founders and full-\n time employees of certain small business startups.''; and\n (2) by adding at the end the following:\n ``(o) Deferment or Cancellation of Certain Loans.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `distressed area' has the meaning \n given the term `low-income community' in section 45D(e) \n of the Internal Revenue Code of 1986;\n ``(B) the term `eligible Federal Direct Loan' has \n the meaning given the term in section 455(r)(2) of the \n Higher Education Act of 1965;\n ``(C) the terms `founder' and `full-time employee', \n with respect to a small business startup, have the \n meanings given the terms by the Administrator; and\n ``(D) the term `small business startup' means a \n small business concern that, as of the date that the \n small business concern submits an application under \n paragraph (3), has been in existence for not more than \n 3 years.\n ``(2) Role of small business development centers.--Any \n small business development center may, for purposes of eligible \n Federal Direct Loan deferment or cancellation under subsection \n (f)(5) or (r) of section 455 of the Higher Education Act of \n 1965 (20 U.S.C. 1087e)--\n ``(A) certify a small business startup under \n paragraph (3); and\n ``(B) approve eligible Federal Direct Loan \n deferment or cancellation for a founder or full-time \n employee of a qualifying small business startup under \n paragraph (5) or (6).\n ``(3) Certification.--In order to be certified by a small \n business development center, a small business startup shall \n submit to the small business development center an application \n that includes--\n ``(A) a 5-year business plan for the small business \n startup;\n ``(B) the number of employees that the small \n business startup intends to employ on an annual basis; \n and\n ``(C) information that demonstrates that the small \n business startup has the potential for success.\n ``(4) Publication of distressed areas.--The Administrator \n shall identify and make publicly available on the website of \n the Administration a list of distressed areas.\n ``(5) Loan deferment for founders and full-time employees \n of a small business startup.--\n ``(A) Application.--In order to be approved by a \n small business development center for eligible Federal \n Direct Loan deferment under subsection (f)(5) of \n section 455 of the Higher Education Act of 1965 (20 \n U.S.C. 1087e), a borrower of an eligible Federal Direct \n Loan shall submit to the small business development \n center an application that includes such information as \n the Administrator may require.\n ``(B) Requirements.--A small business development \n center shall approve a borrower who applies under \n subparagraph (A) for eligible Federal Direct Loan \n deferment if the small business development center \n determines that--\n ``(i) the borrower is, as of the date of \n the application, a founder or full-time \n employee of a small business startup that is \n certified under paragraph (3); and\n ``(ii) the employment of the borrower with \n the small business startup began during the 5-\n year period beginning on the date on which the \n small business startup was established.\n ``(6) Loan cancellation for founders and full-time \n employees of a small business startup in a distressed area.--\n ``(A) Application.--In order to be approved by a \n small business development center for eligible Federal \n Direct Loan cancellation under subsection (r) of \n section 455 of the Higher Education Act of 1965 (20 \n U.S.C. 1087e), a borrower of an eligible Federal Direct \n Loan shall submit to the small business development \n center an application that includes such information as \n the Administrator may require, including an \n identification of the time period during which the \n borrower has made 24 monthly payments on the eligible \n Federal Direct Loan, as required under subparagraphs \n (A)(ii) and (C) of paragraph (1) of such subsection \n (r).\n ``(B) Requirements.--A small business development \n center shall approve a borrower who applies under \n subparagraph (A) for eligible Federal Direct Loan \n cancellation if the small business development center \n determines that the borrower--\n ``(i) as of the date of the application, is \n employed as a founder or full-time employee of \n a small business startup that--\n ``(I) is located in an area that \n was a distressed area when the small \n business startup was established;\n ``(II) is certified under paragraph \n (3) by the small business development \n center; and\n ``(III) as of the date that the \n small business development center \n approves the borrower under this \n paragraph, has been operating \n continuously for not less than 5 years \n and not more than 10 years; and\n ``(ii) was employed as a founder or a full-\n time employee by a small business startup \n described in clause (i) during a period \n beginning not more than 5 years after the date \n on which the small business startup was \n established, as identified by the borrower \n under subparagraph (A).''.","summary":"Reigniting Opportunity for Innovators Act This bill amends title IV of the Higher Education Act of 1965 to make qualified founders and full-time employees of small business start-ups eligible for deferring for up to three years their loans under the federal Direct Loan program. If the start-up is located in an economically distressed area, qualified founders and employees are also eligible for loan cancellation of up to $20,000 under that program.","title":"Reigniting Opportunity for Innovators Act","text_len":14927,"sum_len":451} {"bill_id":"108_s2443","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fairness in Immigration Litigation \nAct''.\n\nSEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.\n\n (a) In General.--Section 242 of the Immigration and Nationality Act \n(8 U.S.C. 1252) is amended--\n (1) in subsection (a)--\n (A) in paragraph (2)--\n (i) in subparagraphs (A), (B), and (C), by \n inserting ``(statutory and nonstatutory), \n including section 2241 of title 28, United \n States Code, or any other habeas corpus \n provision, and sections 1361 and 1651 of title \n 28, United States Code'' after \n ``Notwithstanding any other provision of law''; \n and\n (ii) by adding at the end the following:\n ``(D) Judicial review of certain legal claims.--\n Nothing in this paragraph shall be construed as \n precluding consideration by the circuit courts of \n appeals of constitutional claims or pure questions of \n law raised upon petitions for review filed in \n accordance with this section. Notwithstanding any other \n provision of law (statutory and nonstatutory), \n including section 2241 of title 28, United States Code, \n or, except as provided in subsection (e), any other \n habeas corpus provision, and sections 1361 and 1651 of \n title 28, United States Code, such petitions for review \n shall be the sole and exclusive means of raising any \n and all claims with respect to orders of removal \n entered or issued under any provision of this Act.''; \n and\n (B) by adding at the end the following:\n ``(4) Claims under the united nations convention.--\n Notwithstanding any other provision of law (statutory and \n nonstatutory), including section 2241 of title 28, United \n States Code, or any other habeas corpus provision, and sections \n 1361 and 1651 of title 28, United States Code, a petition for \n review by the circuit courts of appeals filed in accordance \n with this section is the sole and exclusive means of judicial \n review of claims arising under the United Nations Convention \n Against Torture and Other Forms of Cruel, Inhuman, or Degrading \n Treatment or Punishment.\n ``(5) Exclusive means of review.--The judicial review \n specified in this subsection shall be the sole and exclusive \n means for review by any court of an order of removal entered or \n issued under any provision of this Act. For purposes of this \n title, in every provision that limits or eliminates judicial \n review or jurisdiction to review, the terms `judicial review' \n and `jurisdiction to review' include habeas corpus review \n pursuant to section 2241 of title 28, United States Code, or \n any other habeas corpus provision, sections 1361 and 1651 of \n title 28, United States Code, and review pursuant to any other \n provision of law.'';\n (2) in subsection (b)--\n (A) in paragraph (3)(B), by inserting ``pursuant to \n subsection (f)'' after ``unless''; and\n (B) in paragraph (9), by adding at the end the \n following: ``Except as otherwise provided in this \n subsection, no court shall have jurisdiction, by habeas \n corpus under section 2241 of title 28, United States \n Code, or any other habeas corpus provision, by section \n 1361 or 1651 of title 28, United States Code, or by any \n other provision of law (statutory or nonstatutory), to \n hear any cause or claim subject to these consolidation \n provisions.'';\n (3) in subsection (f)(2), by inserting ``or stay, by \n temporary or permanent order, including stays pending judicial \n review,'' after ``no court shall enjoin''; and\n (4) in subsection (g), by inserting ``(statutory and \n nonstatutory), including section 2241 of title 28, United \n States Code, or any other habeas corpus provision, and sections \n 1361 and 1651 of title 28, United States Code'' after \n ``notwithstanding any other provision of law''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect upon the date of enactment of this Act and shall apply to \ncases in which the final administrative removal order was issued \nbefore, on, or after the date of enactment of this Act.\n\nSEC. 3. CONSOLIDATION OF APPEALS.\n\n (a) In General.--Section 242(b)(2) of the Immigration and \nNationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first \nsentence and inserting the following: ``The petition for review shall \nbe filed with the court of appeals for the Federal Circuit.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to any final agency order that was entered on or after the date \nof enactment of this Act.\n\nSEC. 4. ADDITIONAL REMOVAL AUTHORITIES.\n\n (a) In General.--Section 241(b) of the Immigration and Nationality \nAct (8 U.S.C. 1231(b)) is amended--\n (1) in paragraph (1)--\n (A) in each of subparagraphs (A) and (B), by \n striking the period at the end and inserting ``unless, \n in the opinion of the Secretary of Homeland Security, \n removing the alien to such country would be prejudicial \n to the United States.''; and\n (B) by amending subparagraph (C) to read as \n follows:\n ``(C) Alternative countries.--If the alien is not \n removed to a country designated in subparagraph (A) or \n (B), the Secretary of Homeland Security shall remove \n the alien to--\n ``(i) the country of which the alien is a \n citizen, subject, or national, where the alien \n was born, or where the alien has a residence, \n unless the country physically prevents the \n alien from entering the country upon the \n alien's removal there; or\n ``(ii) any country whose government will \n accept the alien into that country.''; and\n (2) in paragraph (2)--\n (A) by striking ``Attorney General'' each place \n such term appears and inserting ``Secretary of Homeland \n Security'';\n (B) by amending subparagraph (D) to read as \n follows:\n ``(D) Alternative countries.--If the alien is not \n removed to a country designated under subparagraph \n (A)(i), the Secretary of Homeland Security shall remove \n the alien to a country of which the alien is a subject, \n national, or citizen, where the alien was born, or \n where the alien has a residence, unless--\n ``(i) such country physically prevents the \n alien from entering the country upon the \n alien's removal there; or\n ``(ii) in the opinion of the Secretary of \n Homeland Security, removing the alien to the \n country would be prejudicial to the United \n States.''; and\n (C) by amending subparagraph (E)(vii) to read as \n follows:\n ``(vii) Any country whose government will \n accept the alien into that country.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the date of the enactment of this Act and shall apply to \nany deportation, exclusion, or removal on or after such date pursuant \nto any deportation, exclusion, or removal order, regardless of whether \nsuch order is administratively final before, on, or after such date.\n\nSEC. 5. BURDEN OF PROOF.\n\n (a) Conditions for Granting Asylum.--Section 208(b) of the \nImmigration and Nationality Act (8 U.S.C. 1158(b)) is amended--\n (1) in paragraph (1), by striking ``The Attorney General'' \n and inserting the following:\n ``(A) Eligibility.--The Secretary of Homeland \n Security or the Attorney General''; and\n (2) by adding at the end the following:\n ``(B) Burden of proof.--The burden of proof is on \n the applicant to establish that the applicant is a \n refugee within the meaning of section 101(a)(42)(A). To \n establish that the applicant is a refugee within the \n meaning of this Act, the applicant must establish that \n race, religion, nationality, membership in a particular \n social group, or political opinion was or will be the \n central motive for persecuting the applicant. The \n testimony of the applicant, only if it is credible, is \n persuasive, and refers to specific facts that \n demonstrate that the applicant is a refugee, may be \n sufficient to sustain such burden without \n corroboration. Where the trier of fact finds that it is \n reasonable to expect corroborating evidence for certain \n alleged facts pertaining to the specifics of the \n applicant's claim, such evidence must be provided \n unless a reasonable explanation is given as to why such \n information is not provided. The credibility \n determination of the trier of fact may be based, in \n addition to other factors, on the demeanor, candor, or \n responsiveness of the applicant or witness, the \n consistency between the applicant's or witness's \n written and oral statements, whether or not under oath, \n made at any time to any officer, agent, or employee of \n the United States, the internal consistency of each \n such statement, the consistency of such statements with \n the country conditions in the country from which the \n applicant claims asylum, as presented by the Department \n of State, and any inaccuracies or falsehoods in such \n statements. These factors may be considered \n individually or cumulatively.''.\n (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of \nthe Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by \nadding after subparagraph (D) the following flush language:\n ``No court shall reverse a determination made by an adjudicator \n with respect to the availability of corroborating evidence as \n described in section 208(b)(1)(B), unless the court finds that \n a reasonable adjudicator is compelled to conclude that such \n corroborating evidence is unavailable.''.\n (c) Effective Date.--The amendment made by subsection (b) shall \ntake effect upon the date of enactment of this Act and shall apply to \ncases in which the final administrative removal order was issued \nbefore, on, or after the date of enactment of this Act.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect upon \nthe date of enactment of this Act.","summary":"Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the US Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status. And (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.","title":"A bill to reform the judicial review process of orders of removal for purposes of the Immigration and Nationality Act.","text_len":11956,"sum_len":1553} {"bill_id":"103_hr370","text":"SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.\n\n (a) Application to House of Representatives.--\n (1) In general.--The rights and protections of the Age \n Discrimination in Employment Act of 1967 (29 U.S.C. 621 et \n seq.) shall, subject to paragraph (2), apply with respect to \n any individual who occupies an employment position or who is an \n applicant for an employment position, as well as to any \n employing authority of the House of Representatives.\n (2) Administration.--In the administration of this \n subsection, the remedies and procedures referred to in the Fair \n Employment Practices Resolution shall apply.\n (3) Exercise of rulemaking power.--The provisions of \n paragraph (2) are enacted by the House of Representatives as an \n exercise of the rulemaking power of the House of \n Representatives, with full recognition of the right of the \n House to change its rules, in the same manner, and to the same \n extent as in any other rule of the House.\n (b) Application to Instrumentalities of the Congress.--\n (1) In general.--The rights and protections of the Age \n Discrimination in Employment Act of 1967 (29 U.S.C. 621 et \n seq.) shall, subject to paragraph (2), apply with respect to \n any individual who is an employee of, or an applicant for \n employment with, an instrumentality of the Congress.\n (2) Establishment of remedies and procedures.--The chief \n official of each instrumentality of the Congress shall \n establish remedies and procedures to be utilized with respect \n to the rights and protections provided pursuant to paragraph \n (1).\n (3) Report to the congress.--The chief official of each \n instrumentality of the Congress shall, after establishing \n remedies and procedures for purposes of paragraph (2), submit \n to the Congress a report describing the remedies and \n procedures.\n\nSEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF \n THE CONGRESS.\n\n (a) In General.--The rights and protections of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to \nsubsection (b), apply with respect to any individual who is employed by \nan instrumentality of the Congress.\n (b) Establishment of Remedies and Procedures.--The chief official \nof each instrumentality of the Congress shall establish remedies and \nprocedures to be utilized with respect to the rights and protections \nprovided pursuant to subsection (a).\n (c) Report to the Congress.--The chief official of each \ninstrumentality of the Congress shall, after establishing remedies and \nprocedures for purposes of subsection (b), submit to the Congress a \nreport describing the remedies and procedures.\n (d) Architect of the Capitol.--The Architect of the Capitol shall, \nno later than 90 days after the date of enactment of this Act, submit a \nreport to the Congress describing steps taken to implement section 8(b) \nof the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)).\n\nSEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT.\n\n It is the sense of the House of Representatives that the Committee \non House Administration should review the Occupational Safety and \nHealth Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to \nthe House of Representatives regarding the application of such Act to \nthe House.\n\nSEC. 4. JUDICIAL REVIEW.\n\n (a) Application to House of Representatives.--\n (1) In general.--Any individual who occupies an employment \n position or who is an applicant for an employment position, and \n who has been aggrieved by a violation of section 2(a) of the \n Fair Employment Practices Resolution (relating to \n nondiscrimination), section 1(a)(1) of this Act, section \n 117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l), \n section 8(a)(1) of the Fair Labor Standards Amendment of 1989 \n (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may, \n following a final decision pursuant to the Fair Employment \n Practices Resolution regarding such violation, petition for \n review by the United States Court of Appeals for the Federal \n Circuit.\n (2) Violations by members of the house of \n representatives.--It is the sense of the House of \n Representatives that the Rules of the House of Representatives \n should be amended to address the issue of the source of \n payments made by the House to satisfy a judgment against a \n Representative in, or Delegate or Resident Commissioner to, the \n Congress who has been found guilty by the United States Court \n of Appeals for the Federal Circuit of a violation of one of the \n sections referred to in paragraph (1).\n (b) Application to the Instrumentalities of the congress.--\n (1) Age discrimination in employment act of 1967.--Any \n employee of an instrumentality of the Congress, who has been \n aggrieved by a violation of section 1(b)(1) of this Act may, \n following a final decision pursuant to section 1(b)(2) of this \n Act, petition for review by the United States Court of Appeals \n for the Federal Circuit.\n (2) Americans with disabilities act.--Any employee of an \n instrumentality of the Congress who has been aggrieved by a \n violation of section 509(c)(1) of the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following \n a final decision pursuant to subsection (c)(2) of such Act, \n petition for review by the United States Court of Appeals for \n the Federal Circuit.\n (3) Civil rights act of 1991.--Any employee of an \n instrumentality of the Congress who has been aggrieved by a \n violation of section 117(b)(1) of the Civil Rights Act of 1991 \n (2 U.S.C. 60l) may, following a final decision pursuant to \n subsection (b)(3) of such Act, petition for review by the \n United States Court of Appeals for the Federal Circuit.\n (4) Fair labor standards act.--Any employee of an \n instrumentality of the Congress who has been aggrieved by a \n violation of section 2(a) of this Act may, following a final \n decision pursuant to section 2(b) of this Act, petition for \n review by the United States Court of Appeals for the Federal \n Circuit.\n (c) Scope of Judicial Review.--A petition for review authorized by \nsubsection (a) or (b) shall be filed not later than 90 days following \nreceipt by the aggrieved individual of a written final decision \nreferred to in such subsection. The court shall decide all relevant \nquestions of law and shall interpret constitutional and statutory \nprovisions. The court shall set aside the decision if the court \ndetermines that the decision is--\n (1) arbitrary, capricious, an abuse of discretion, or \n otherwise not consistent with law;\n (2) not made consistent with required procedures; or\n (3) not supported by substantial evidence.\nIn making its determination, the court shall review the whole record or \nthose parts of the record cited by a party, and due account shall be \ntaken of prejudicial error. If the aggrieved individual is the \nprevailing party in an appeal under this section, a reasonable \nattorney's fee may be allowed by the court in accordance with the \nstandards established under section 706(k) of the Civil Rights Act of \n1964 (42 U.S.C. 2000e-5(k)).''.\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n (a) Americans with Disabilities Act.--Section 509 of the Americans \nwith Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended--\n (1) by amending subsection (b)(2)(B) to read as follows:\n ``(B) Administration.--This paragraph shall be \n administered according to the Fair Employment Practices \n Resolution (House Resolution 558 of the One Hundredth \n Congress, as agreed to October 4, 1988), as \n incorporated into the Rules of the House of \n Representatives as rule LI, or any other provision or \n resolution that continues in effect the provisions of \n such resolution.''; and\n (2) in subsection (c)(2) by striking ``Such remedies and \n procedures shall apply exclusively.''.\n (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act \nof 1991 (2 U.S.C. 60l) is amended--\n (1) by amending subsection (a)(2)(B) to read as follows:\n ``(B) Administration.--This paragraph shall be \n administered according to the Fair Employment Practices \n Resolution (House Resolution 558 of the One Hundredth \n Congress, as agreed to October 4, 1988), as \n incorporated into the Rules of the House of \n Representatives as rule LI, or any other provision or \n resolution that continues in effect the provisions of \n such resolution.''; and\n (2) in section (b)(2) by striking ``Such remedies and \n procedures shall apply exclusively, except for the employees \n who are defined as Senate employees, in section 301(c)(1).''.\n\nSEC. 6. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the terms ``employment position'' and ``employing \n authority'' have the meaning given such terms in the Fair \n Employment Practices Resolution;\n (2) the term ``Fair Employment Practices Resolution'' means \n House Resolution 558 of the One Hundredth Congress, as agreed \n to October 4, 1988, and as incorporated into the Rules of the \n House of Representatives as rule LI, or any other provision or \n resolution that continues in effect the provisions of such \n resolution; and\n (3) the term ``instrumentalities of the Congress'' shall \n include the following: the Architect of the Capitol, the \n Congressional Budget Office, the General Accounting Office, the \n Government Printing Office, the Library of Congress, the Office \n of Technology Assessment, and the United States Botanic Garden, \n except that--\n (A) for purposes of sections 1(b) and 4(b)(1), such \n term shall not include the Library of Congress; and\n (B) for purposes of section 4(b)(4), and of \n subsections (a), (b), and (c) of section 2, such term \n shall not include the Architect of the Capitol.","summary":"Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any: (1) employee of the House of Representatives, (2) employing authority of the House. Or (3) employee of the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, or the US Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office, (2) the General Accounting Office, (3) the Government Printing Office, (4) the Library of Congress, (5) the Office of Technology Assessment. And (6) the US Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should make recommendations regarding the application of the Occupational Safety and Health Act to the House. Authorizes any employee of the House who has been aggrieved by a violation of the Fair Employment Practices Resolution , the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the US Court of Appeals for the Federal Circuit of the final decision pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments by the House to satisfy a judgment against a Member who has been found guilty of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review: (1) the Age Discrimination in Employment Act of 1967, (2) the Americans with Disabilities Act of 1990, (3) the Civil Rights Act of 1991, and (4) the Fair Labor Standards Act of 1938 .","title":"To make the Age Discrimination in Employment Act of 1967 applicable to the House of Representatives and the instrumentalities of the Congress, to give certain employees of the House of Representatives and the instrumentalities of the Congress the right to petition for judicial review for violations of certain laws and rules concerning civil rights and employment practices, and for other purposes.","text_len":10923,"sum_len":2101} {"bill_id":"110_s592","text":"SECTION 1. SHORT TITLE; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Growing Our \nManufacturing Employment Act'' or the ``GoMe Act''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. MANUFACTURER'S JOBS CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \n(relating to business-related credits) is amended by adding at the end \nthe following:\n\n``SEC. 45O. MANUFACTURER'S JOBS CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \neligible taxpayer, the manufacturer's jobs credit determined under this \nsection is an amount equal to the lesser of the following:\n ``(1) The excess of the W-2 wages paid by the taxpayer \n during the taxable year over the W-2 wages paid by the taxpayer \n during the preceding taxable year.\n ``(2) The W-2 wages paid by the taxpayer during the taxable \n year to any employee who is an eligible TAA recipient (as \n defined in section 35(c)(2)) or an eligible alternative TAA \n recipient (as defined in section 35(c)(3)) for any month during \n such taxable year.\n ``(3) 31.7 percent of the W-2 wages paid by the taxpayer \n during the taxable year.\n ``(b) Limitation.--The amount of credit determined under subsection \n(a) shall be reduced by an amount which bears the same ratio to the \namount of the credit (determined without regard to this subsection) \nas--\n ``(1) the excess of the W-2 wages paid by the taxpayer to \n employees outside the United States during the taxable year \n over such wages paid during the most recent taxable year ending \n before the date of the enactment of this section, bears to\n ``(2) the excess of the W-2 wages paid by the taxpayer to \n employees within the United States during the taxable year over \n such wages paid during such most recent taxable year.\n ``(c) Eligible Taxpayer.--For purposes of this section, the term \n`eligible taxpayer' means any taxpayer--\n ``(1) which has domestic production gross receipts for the \n taxable year and the preceding taxable year, and\n ``(2) which is not treated at any time during the taxable \n year as an inverted domestic corporation under section 7874.\n ``(d) Definitions.--For purposes of this section, W-2 wages and \ndomestic production gross receipts shall be determined in the same \nmanner as under section 199.\n ``(e) Certain Rules Made Applicable.--For purposes of this section, \nrules similar to the rules of section 52 shall apply.\n ``(f) Termination.--This section shall not apply to any taxable \nyear beginning after December 31, 2009.''.\n (b) Credit To Be Part of General Business Credit.--Section 38(b) \n(relating to current year business credit) is amended by striking \n``plus'' at the end of paragraph (30), by striking the period at the \nend of paragraph (31) and inserting ``, plus'', and by adding at the \nend the following:\n ``(32) the manufacturer's jobs credit determined under \n section 45O.''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by adding at the end \nthe following:\n\n``Sec. 45O. Manufacturer's jobs credit''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. EXTENSION OF RESEARCH CREDIT.\n\n (a) In General.--Section 41(h)(1)(B) is amended by striking \n``2007'' and inserting ``2012''.\n (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by \nstriking ``2007'' and inserting ``2012''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after December 31, 2007.\n\nSEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.\n\n (a) In General.--Section 7701 is amended by redesignating \nsubsection (p) as subsection (q) and by inserting after subsection (o) \nthe following new subsection:\n ``(p) Clarification of Economic Substance Doctrine; Etc.--\n ``(1) General rules.--\n ``(A) In general.--In any case in which a court \n determines that the economic substance doctrine is \n relevant for purposes of this title to a transaction \n (or series of transactions), such transaction (or \n series of transactions) shall have economic substance \n only if the requirements of this paragraph are met.\n ``(B) Definition of economic substance.--For \n purposes of subparagraph (A)--\n ``(i) In general.--A transaction has \n economic substance only if--\n ``(I) the transaction changes in a \n meaningful way (apart from Federal tax \n effects) the taxpayer's economic \n position, and\n ``(II) the taxpayer has a \n substantial nontax purpose for entering \n into such transaction and the \n transaction is a reasonable means of \n accomplishing such purpose.\n In applying subclause (II), a purpose of \n achieving a financial accounting benefit shall \n not be taken into account in determining \n whether a transaction has a substantial nontax \n purpose if the origin of such financial \n accounting benefit is a reduction of income \n tax.\n ``(ii) Special rule where taxpayer relies \n on profit potential.--A transaction shall not \n be treated as having economic substance by \n reason of having a potential for profit \n unless--\n ``(I) the present value of the \n reasonably expected pre-tax profit from \n the transaction is substantial in \n relation to the present value of the \n expected net tax benefits that would be \n allowed if the transaction were \n respected, and\n ``(II) the reasonably expected pre-\n tax profit from the transaction exceeds \n a risk-free rate of return.\n ``(C) Treatment of fees and foreign taxes.--Fees \n and other transaction expenses and foreign taxes shall \n be taken into account as expenses in determining pre-\n tax profit under subparagraph (B)(ii).\n ``(2) Special rules for transactions with tax-indifferent \n parties.--\n ``(A) Special rules for financing transactions.--\n The form of a transaction which is in substance the \n borrowing of money or the acquisition of financial \n capital directly or indirectly from a tax-indifferent \n party shall not be respected if the present value of \n the deductions to be claimed with respect to the \n transaction is substantially in excess of the present \n value of the anticipated economic returns of the person \n lending the money or providing the financial capital. A \n public offering shall be treated as a borrowing, or an \n acquisition of financial capital, from a tax-\n indifferent party if it is reasonably expected that at \n least 50 percent of the offering will be placed with \n tax-indifferent parties.\n ``(B) Artificial income shifting and basis \n adjustments.--The form of a transaction with a tax-\n indifferent party shall not be respected if--\n ``(i) it results in an allocation of income \n or gain to the tax-indifferent party in excess \n of such party's economic income or gain, or\n ``(ii) it results in a basis adjustment or \n shifting of basis on account of overstating the \n income or gain of the tax-indifferent party.\n ``(3) Definitions and special rules.--For purposes of this \n subsection--\n ``(A) Economic substance doctrine.--The term \n `economic substance doctrine' means the common law \n doctrine under which tax benefits under subtitle A with \n respect to a transaction are not allowable if the \n transaction does not have economic substance or lacks a \n business purpose.\n ``(B) Tax-indifferent party.--The term `tax-\n indifferent party' means any person or entity not \n subject to tax imposed by subtitle A. A person shall be \n treated as a tax-indifferent party with respect to a \n transaction if the items taken into account with \n respect to the transaction have no substantial impact \n on such person's liability under subtitle A.\n ``(C) Exception for personal transactions of \n individuals.--In the case of an individual, this \n subsection shall apply only to transactions entered \n into in connection with a trade or business or an \n activity engaged in for the production of income.\n ``(D) Treatment of lessors.--In applying paragraph \n (1)(B)(ii) to the lessor of tangible property subject \n to a lease--\n ``(i) the expected net tax benefits with \n respect to the leased property shall not \n include the benefits of--\n ``(I) depreciation,\n ``(II) any tax credit, or\n ``(III) any other deduction as \n provided in guidance by the Secretary, \n and\n ``(ii) subclause (II) of paragraph \n (1)(B)(ii) shall be disregarded in determining \n whether any of such benefits are allowable.\n ``(4) Other common law doctrines not affected.--Except as \n specifically provided in this subsection, the provisions of \n this subsection shall not be construed as altering or \n supplanting any other rule of law, and the requirements of this \n subsection shall be construed as being in addition to any such \n other rule of law.\n ``(5) Regulations.--The Secretary shall prescribe such \n regulations as may be necessary or appropriate to carry out the \n purposes of this subsection. Such regulations may include \n exemptions from the application of this subsection.''.\n (b) Effective Date.--The amendments made by this section shall \napply to transactions entered into after the date of the enactment of \nthis Act.","summary":"Growing Our Manufacturing Employment Act or the GoMe Act - Amends the Internal Revenue Code to: (1) allow certain employers with domestic production gross receipts in the current and preceding taxable year a manufacturer's jobs tax credit through 2009 for annual increases in wages paid to their employees and to employees eligible for benefits under the Trade Adjustment Act. (2) extend through 2012 the tax credit for increasing research expenses. And (3) set forth rules for the application of the economic substance doctrine.","title":"A bill to amend the Internal Revenue Code of 1986 to provide for a manufacturer's jobs credit, and for other purposes.","text_len":11902,"sum_len":529} {"bill_id":"114_hr1870","text":"SECTION 1. ENERGY INNOVATION HUBS.\n\n (a) Authorization of Program.--\n (1) In general.--The Secretary of Energy shall carry out a \n program to enhance the Nation's economic, environmental, and \n energy security by making awards to consortia for establishing \n and operating Energy Innovation Hubs to conduct and support, \n whenever practicable at one centralized location, \n multidisciplinary, collaborative research, development, \n demonstration, and commercial application of advanced energy \n technologies.\n (2) Technology development focus.--The Secretary shall \n designate for each Hub a unique advanced energy technology \n focus.\n (3) Coordination.--The Secretary shall ensure the \n coordination of, and avoid unnecessary duplication of, the \n activities of Hubs with those of other Department of Energy \n research entities, including the National Laboratories, the \n Advanced Research Projects Agency--Energy, Energy Frontier \n Research Centers, and within industry.\n (b) Consortia.--\n (1) Eligibility.--To be eligible to receive an award under \n this section for the establishment and operation of a Hub, a \n consortium shall--\n (A) be composed of no fewer than 2 qualifying \n entities; and\n (B) operate subject to an agreement entered into by \n its members that documents--\n (i) the proposed partnership agreement, \n including the governance and management \n structure of the Hub;\n (ii) measures to enable cost-effective \n implementation of the program under this \n section;\n (iii) a proposed budget, including \n financial contributions from non-Federal \n sources;\n (iv) a plan for managing intellectual \n property rights; and\n (v) an accounting structure that enables \n the Secretary to ensure that the consortium has \n complied with the requirements of this section.\n (2) Application.--A consortium seeking to establish and \n operate a Hub under this section, acting through a prime \n applicant, shall transmit to the Secretary an application at \n such time, in such form, and accompanied by such information as \n the Secretary shall require, including a detailed description \n of the elements of the consortium agreement required under \n paragraph (1)(B). If the consortium members will not be located \n at one centralized location, such application shall include a \n communications plan that ensures close coordination and \n integration of the Hub's activities.\n (c) Selection and Schedule.--The Secretary shall select consortia \nfor awards for the establishment and operation of Hubs through \ncompetitive selection processes. In selecting consortia, the Secretary \nshall consider the information a consortium must disclose according to \nsubsection (b), as well as any existing facilities a consortium will \nprovide for Hub activities. Awards made to a Hub shall be for a period \nnot to exceed 5 years, after which the award may be renewed, subject to \na rigorous merit review. A Hub already in existence on the date of \nenactment of this Act may continue to receive support for a period of 5 \nyears beginning on the date of establishment of that Hub.\n (d) Hub Operations.--\n (1) In general.--Each Hub shall conduct or provide for \n multidisciplinary, collaborative research, development, \n demonstration, and, where appropriate, commercial application \n of advanced energy technologies within the technology \n development focus designated under subsection (a)(2). Each Hub \n shall--\n (A) encourage collaboration and communication among \n the member qualifying entities of the consortium and \n awardees by conducting activities whenever practicable \n at one centralized location;\n (B) develop and publish on the Department of \n Energy's website proposed plans and programs;\n (C) submit an annual report to the Secretary \n summarizing the Hub's activities, including detailing \n organizational expenditures, and describing each \n project undertaken by the Hub; and\n (D) monitor project implementation and \n coordination.\n (2) Conflicts of interest.--\n (A) Procedures.--Hubs shall maintain conflict of \n interest procedures, consistent with those of the \n Department of Energy, to ensure that employees and \n consortia designees for Hub activities who are in \n decisionmaking capacities disclose all material \n conflicts of interest and avoid such conflicts.\n (B) Disqualification and revocation.--The Secretary \n may disqualify an application or revoke funds \n distributed to a Hub if the Secretary discovers a \n failure to comply with conflict of interest procedures \n established under subparagraph (A).\n (3) Prohibition on construction.--\n (A) In general.--No funds provided pursuant to this \n section may be used for construction of new buildings \n or facilities for Hubs. Construction of new buildings \n or facilities shall not be considered as part of the \n non-Federal share of a Hub cost-sharing agreement.\n (B) Test bed and renovation exception.--Nothing in \n this subsection shall prohibit the use of funds \n provided pursuant to this section, or non-Federal cost \n share funds, for research or for the construction of a \n test bed or renovations to existing buildings or \n facilities for the purposes of research if the \n Secretary determines that the test bed or renovations \n are limited to a scope and scale necessary for the \n research to be conducted.\n (e) Termination.--Consistent with the existing authorities of the \nDepartment, the Secretary may terminate an underperforming Hub for \ncause during the performance period.\n (f) Definitions.--For purposes of this section:\n (1) Advanced energy technology.--The term ``advanced energy \n technology'' means--\n (A) an innovative technology--\n (i) that produces energy from solar, wind, \n geothermal, biomass, tidal, wave, ocean, or \n other renewable energy resources;\n (ii) that produces nuclear energy;\n (iii) for carbon capture and sequestration;\n (iv) that enables advanced vehicles, \n vehicle components, and related technologies \n that result in significant energy savings;\n (v) that generates, transmits, distributes, \n utilizes, or stores energy more efficiently \n than conventional technologies, including \n through Smart Grid technologies; or\n (vi) that enhances the energy independence \n and security of the United States by enabling \n improved or expanded supply and production of \n domestic energy resources, including coal, oil, \n and natural gas;\n (B) research, development, demonstration, and \n commercial application activities necessary to ensure \n the long-term, secure, and sustainable supply of energy \n critical elements; or\n (C) another innovative energy technology area \n identified by the Secretary.\n (2) Energy critical element.--The term ``energy critical \n element'' means any of a class of chemical elements that have a \n high risk of a supply disruption and are critical to one or \n more new, energy-related technologies such that a shortage of \n such element would significantly inhibit large-scale deployment \n of technologies that produce, transmit, store, or conserve \n energy.\n (3) Hub.--The term ``Hub'' means an Energy Innovation Hub \n established or operating in accordance with this section, \n including any Energy Innovation Hub existing as of the date of \n enactment of this Act.\n (4) Qualifying entity.--The term ``qualifying entity'' \n means--\n (A) an institution of higher education;\n (B) an appropriate State or Federal entity, \n including the Department of Energy Federally Funded \n Research and Development Centers;\n (C) a nongovernmental organization with expertise \n in advanced energy technology research, development, \n demonstration, or commercial application; or\n (D) any other relevant entity the Secretary \n considers appropriate.","summary":"This bill requires the Department of Energy (DOE) to carry out a grant program to enhance the nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. Advanced energy technologies are innovative technologies or research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements. These elements have a high risk of a supply disruption and are critical to new, energy-related technologies in that a shortage of the element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. Examples of advanced energy technology include an innovative technology that: produces energy from renewable energy resources, produces nuclear energy, includes carbon capture and sequestration. Enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings. Generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies. And enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources. DOE must designate a unique advanced energy technology focus for each hub. Grants may not be used for constructing new buildings or facilities for hubs. Further, construction of new buildings or facilities may not be considered as part of the non-federal share of a hub cost-sharing agreement. Grants and non-federal cost share funds may be used for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research.","title":"To authorize Energy Innovation Hubs.","text_len":9776,"sum_len":1931} {"bill_id":"109_hr1953","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``San Francisco Old Mint Commemorative \nCoin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress hereby finds as follows:\n (1) The Granite Lady played an important role in the history of \n the Nation.\n (2) The San Francisco Mint was established pursuant to an Act \n of Congress of July 3, 1852, to convert miners' gold from the \n California gold rush into coins.\n (3) The San Francisco Old Mint Building was designed by \n architect A.B. Mullett, who also designed the United States \n Treasury Building and the Old Executive Office Building.\n (4) The solid construction of the Granite Lady enabled it to \n survive the 1906 San Francisco earthquake and fire, making it the \n only financial institution that was able to operate immediately \n after the earthquake as the treasury for disaster relief funds for \n the city of San Francisco.\n (5) Coins struck at the San Francisco Old Mint are \n distinguished by the ``S'' mint mark.\n (6) The San Francisco Old Mint is famous for having struck many \n rare, legendary issues, such as the 1870-S $3 coin, which is valued \n today at well over $1,000,000, and the 1894-S dime which is \n comparatively rare.\n (7) The San Francisco Old Mint Commemorative Coin will be the \n first commemorative coin to honor a United States mint.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--Notwithstanding any other provision of law, and \nin commemoration of the San Francisco Old Mint, the Secretary of the \nTreasury (hereafter in this Act referred to as the ``Secretary'') shall \nmint and issue the following coins:\n (1) $5 gold coins.--Not more than 100,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 500,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent copper.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of sections 5134 and 5136 of \ntitle 31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this Act \n shall be emblematic of the San Francisco Old Mint Building, its \n importance to California and the history of the United States, and \n its role in rebuilding San Francisco after the 1906 earthquake and \n fire.\n (2) Designation and inscriptions.--On each coin minted under \n this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2006''; and\n (C) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary, after consultation with the \n Commission of Fine Arts, and the Board of the San Francisco Museum \n and Historical Society; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--The coins authorized under this Act shall be \nstruck at the San Francisco Mint to the greatest extent possible.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2006.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to such \n coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders for \n the coins minted under this Act before the issuance of such coins.\n (2) Discount.--Sale prices with respect to prepaid orders under \n paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins minted under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 coin.\n (2) A surcharge of $10 per coin for the $1 coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \ncoins issued under this Act shall be promptly paid by the Secretary to \nthe San Francisco Museum and Historical Society for use for the \npurposes of rehabilitating the Historic Old Mint in San Francisco as a \ncity museum and an American Coin and Gold Rush Museum.\n (c) Audits.--The San Francisco Museum and Historical Society shall \nbe subject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received by the Fund \nunder subsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.\n\nSEC. 8. TECHNICAL CORRECTION.\n\n Notwithstanding the fifth sentence of section 5112(d)(1) of title \n31, United States Code, the Secretary of the Treasury may continue to \nissue, after December 31, 2005, numismatic items that contain 5-cent \ncoins minted in the years 2004 and 2005.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and US history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Sets forth: (1) coin specifications, (2) design requirements. And (3) guidelines for coin sales. Requires a surcharge of $35 for the $5 coin and of $10 for the $1 coin. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. Prohibits a surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under specified law. Permits the Secretary of the Treasury to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.","title":"To require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, otherwise known as the \"Granite Lady\", and for other purposes.","text_len":6720,"sum_len":1224} {"bill_id":"113_s2989","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Regional Energy \nPartnerships for Advancing Resilient Energy Systems Act'' or the \n``PREPARE Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) energy systems in the United States are in a period of \n significant change;\n (2) aging infrastructure, new technologies, increasing \n complexity, and growing threats are posing new challenges to \n energy systems and their resilience;\n (3) the interconnected nature of energy systems means \n regional energy strategies and plans will be more effective at \n preparing for challenges and mitigating risks;\n (4) States have distinct needs and unique energy, \n environmental, and economic goals and will play a critical role \n in developing and implementing regional energy strategies and \n plans;\n (5) the views and participation of a broad range of \n stakeholders in the development and implementation of regional \n energy strategies and plans is needed for success; and\n (6) the Federal Government, in the role of a long-term \n strategic energy partner, can effectively--\n (A) establish strategic alliances with States;\n (B) convene stakeholders;\n (C) facilitate the process of developing regional \n energy strategies and plans; and\n (D) provide technical assistance and support in \n implementation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Cooperative agreement.--The term ``cooperative \n agreement'' has the meaning given the term in sections 6302 and \n 6305 of title 31, United States Code.\n (2) Secretaries.--The term ``Secretaries'' means--\n (A) the Secretary of Energy, acting through the \n Assistant Secretary of the Office of Electricity \n Delivery and Energy Reliability in consultation with \n the Assistant Secretary of Energy Efficiency and \n Renewable Energy, the Assistant Secretary of Fossil \n Energy, and the Director of the Office of Nuclear \n Energy, Science, and Technology Programs; and\n (B) the Secretary of the Interior, acting through \n the Assistant Secretary for Land and Minerals \n Management in consultation with the Director of the \n Bureau of Land Management, the Director of the Bureau \n of Ocean Energy Management, the Assistant Secretary for \n Indian Affairs, and the Assistant Secretary for Fish \n and Wildlife and Parks.\n (3) State.--The term ``State'' means--\n (A) a State;\n (B) the District of Columbia;\n (C) the Commonwealth of Puerto Rico; and\n (D) any other territory or possession of the United \n States.\n\nSEC. 4. REGIONAL ENERGY PARTNERSHIPS.\n\n (a) In General.--The Secretaries shall provide assistance in \naccordance with this section for the purpose of developing energy \nstrategies and plans that help harmonize and promote national, \nregional, and State energy goals, including goals for advancing \nresilient energy systems to mitigate risks and prepare for emerging \nenergy challenges.\n (b) Technical Assistance.--The Secretaries may provide such \ntechnical assistance to States, political subdivisions of States, \nsubstate regional organizations (including organizations that cross \nState boundaries), multistate regional organizations, Indian tribes, \nand nonprofit organizations as the Secretaries determine appropriate to \npromote--\n (1) the development and improvement of regional energy \n strategies and plans that sustain and promote energy system \n modernization across the United States;\n (2) investment in energy infrastructure, technological \n capacity, innovation, and workforce development to keep pace \n with the changing energy ecosystem;\n (3) structural transformation of the financial, regulatory, \n legal, and institutional systems that govern energy planning, \n production, and delivery within States and regions; and\n (4) public-private partnerships for the implementation of \n regional energy strategies and plans.\n (c) Cooperative Agreements.--\n (1) In general.--The Secretaries may enter into cooperative \n agreements with 1 or more States and Indian tribes, on a \n regional basis, to develop and implement strategies and plans \n to address the energy challenges of States, Indian tribes, and \n regions.\n (2) Requirements.--A cooperative agreement entered into \n under this subsection shall include provisions covering or \n providing--\n (A) the purpose and goals of the cooperative \n agreement, such as advancing energy efficiency, clean \n energy, fuel and supply diversity, energy system \n resiliency, economic development, or other goals to \n make measurable, significant progress toward specified \n metrics and objectives that are agreed to by the States \n or Indian tribes and the Secretaries;\n (B) the roles and responsibilities of the States or \n Indian tribes and the Secretaries for various functions \n of the cooperative agreement, including outreach, \n communication, resources, and capabilities;\n (C) a comprehensive framework for the development \n of energy strategies and plans for States, Indian \n tribes, or regions;\n (D) timeframes with associated metrics and \n objectives;\n (E) a governance structure to resolve conflicts and \n facilitate decisionmaking consistent with underlying \n authorities; and\n (F) other provisions determined necessary by the \n Secretaries, in consultation with the States or Indian \n tribes, to achieve the purposes described in paragraph \n (1).\n (d) Staff.--\n (1) In general.--Not later than 30 days after the date of \n the entering into a cooperative agreement under subsection (c), \n the Secretaries shall, as appropriate, assign or employ \n individuals who have expertise in the technical and regulatory \n issues relating to the cooperative agreement, including \n particular expertise in (as applicable)--\n (A) energy systems integration;\n (B) renewable energy and energy efficiency;\n (C) innovative financing mechanisms;\n (D) utility regulatory policy;\n (E) modeling and analysis;\n (F) facilitation and arbitration;\n (G) energy assurance and emergency preparedness; \n and\n (H) cyber and physical security of energy systems.\n (2) Duties.--Each individual assigned to carry out a \n cooperative agreement under paragraph (1) shall--\n (A) report to a location in the applicable State, \n Indian tribe, or region not later than 90 days after \n the date of assignment;\n (B) be responsible for issues and technical \n assistance relating to the cooperative agreement;\n (C) participate as part of the team of personnel \n working on developing and implementing the applicable \n regional energy strategy and plan; and\n (D) build capacity within the State, Indian tribe, \n or region to continue to implement the goals of this \n Act after the expiration of the cooperative agreement.\n (e) Comprehensive Framework.--Under a cooperative agreement, a \ncomprehensive framework shall be developed that identifies \nopportunities and actions across various energy sectors and cross-\ncutting issue areas, including--\n (1) end-use efficiency;\n (2) energy supply, including electric generation and fuels;\n (3) energy delivery;\n (4) transportation;\n (5) technical integration, including standards and \n interdependencies;\n (6) institutional structures;\n (7) regulatory policies;\n (8) financial incentives; and\n (9) market mechanisms.\n (f) Awards.--\n (1) Definitions.--In this subsection:\n (A) Application group.--The term ``application \n group'' means a group of States or Indian tribes that \n have--\n (i) entered into a cooperative agreement, \n on a regional basis, with the Secretaries under \n subsection (c); and\n (ii) submitted an application for an award \n under paragraph (2)(A).\n (B) Partner state.--The term ``partner State'' \n means a State or Indian tribe that is part of an \n application group.\n (2) Applications.--\n (A) In general.--Subject to subparagraph (B), an \n application group may apply to the Secretaries for \n awards under this subsection.\n (B) Individual states.--An individual State or \n Indian tribe that has entered into a cooperative \n agreement with the Secretaries under subsection (c) may \n apply to the Secretaries for an award under this \n subsection if the State or Indian tribe demonstrates to \n the Secretaries the uniqueness of the energy challenges \n facing the State or Indian tribe.\n (3) Base amount.--Subject to paragraph (4), the Secretaries \n shall provide 6 awards under this subsection, with a base \n amount of $20,000,000 for each award.\n (4) Bonus amount for application groups.--\n (A) In general.--Subject to subparagraph (B), the \n Secretaries shall increase the amount of an award \n provided under this subsection to an application group \n for a successful application under paragraph (2)(A) by \n the quotient obtained by dividing--\n (i) the product obtained by multiplying--\n (I) the number of partner States in \n the application group; and\n (II) $100,000,000; by\n (ii) the total number of partner States of \n all successful applications under this \n subsection.\n (B) Maximum amount.--The amount of a bonus \n determined under subparagraph (A) shall not exceed an \n amount that represents $5,000,000 for each partner \n State that is a member of the relevant application \n group.\n (5) Limitation.--A State or Indian tribe shall not be part \n of more than 1 award under this subsection.\n (6) Selection criteria.--In selecting applications for \n awards under this subsection, the Secretaries shall consider--\n (A) existing commitments from States or Indian \n tribes, such as memoranda of understanding;\n (B) for States that are part of the contiguous 48 \n States, the number of contiguous States involved that \n cover a region;\n (C) the diversity of the regions represented by all \n applications;\n (D) the amount of cost-share or in-kind \n contributions from States or Indian tribes;\n (E) the scope and focus of regional and State \n programs and strategies, with an emphasis on energy \n system resiliency and grid modernization, efficiency, \n and clean energy;\n (F) a management and oversight plan to ensure that \n objectives are met;\n (G) an outreach plan for the inclusion of \n stakeholders in the process for developing and \n implementing State or regional energy strategies and \n plans;\n (H) the inclusion of tribal entities;\n (I) plans to fund and sustain activities identified \n in regional energy strategies and plans; and\n (J) the clarity of roles and responsibilities of \n each State and the Secretaries.\n (7) Use of awards.--\n (A) In general.--Awards provided under this \n subsection shall be used to achieve the purpose of this \n section, including by--\n (i) conducting technical analyses, resource \n studies, and energy system baselines;\n (ii) convening and providing education to \n stakeholders on emerging energy issues;\n (iii) building decision support and \n planning tools; and\n (iv) improving communication between and \n participation of stakeholders.\n (B) Limitation.--Awards provided under this \n subsection shall not be used for--\n (i) capitalization of green banks or loan \n guarantees; or\n (ii) building facilities or funding capital \n projects.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $250,000,000, to remain available until expended.\n (b) Allocation.--Of the amount authorized to be appropriated under \nsubsection (a)--\n (1) $120,000,000 shall be used for the base amount of \n awards under section 4(f)(3);\n (2) $100,000,000 shall be used for the bonus amount of \n awards under section 4(f)(4); and\n (3) $30,000,000 shall be for the administration of this \n Act, including--\n (A) the assignment of staff under section 4(d); and\n (B) if the Secretaries determine appropriate, the \n sharing of best practices from regional partnerships by \n parties to cooperative agreements entered into under \n this Act.\n (c) State Energy Offices.--Funds provided to a State under this Act \nshall be provided to the office within the State that is responsible \nfor developing the State energy plan for the State under part D of \ntitle III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et \nseq.).\n (d) Maintenance of Funding.--The funding provided to States under \nthis Act shall supplement (and not supplant) funding provided under \npart D of title III of the Energy Policy and Conservation Act (42 \nU.S.C. 6321 et seq.).","summary":"Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act or the PREPARE Act - Directs the Secretary of Energy (DOE) and the Secretary of the Interior to provide technical assistance to governmental entities, Indian tribes, and regional and nonprofit organizations to develop energy strategies that harmonize and promote national, regional, and state energy goals. Sets forth an awards program addressing the uniqueness of the energy challenges facing states and Indian tribes.","title":"PREPARE Act","text_len":15625,"sum_len":501} {"bill_id":"109_s2615","text":"SECTION 1. FINDINGS.\n\n Congress finds that--\n (1) the Cape Fox Corporation (referred to in this Act as \n ``Cape Fox'') is a Village Corporation for the Native Village \n of Saxman, Alaska, organized pursuant to the Alaska Native \n Claims Settlement Act (43 U.S.C. 1601 et seq.);\n (2) similar to other Village Corporations in southeast \n Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox \n could select only 23,040 acres from land withdrawn for the \n purpose of that selection;\n (3) under section 22(l) of that Act (43 U.S.C. 1621(l))--\n (A) the Village Corporations in southeast Alaska, \n other than Cape Fox, were restricted with respect to \n the selection of land within 2 miles of a home rule \n city (as that term is used in that Act); and\n (B) to protect the watersheds in the vicinity, Cape \n Fox was restricted with respect to the selection of \n land within 6 miles of the boundary of the home rule \n city of Ketchikan, Alaska;\n (4) the 6-mile restriction described in paragraph (3)(B) \n precluded Cape Fox from selecting valuable timber land, \n industrial sites, and other commercial property located--\n (A) within the townships in which the Native \n Village of Saxman is located, more particularly \n described as T.75 S., T.76 S., R.91 E., Copper River \n Meridian; and\n (B) on surrounding land that is far removed from \n Ketchikan, Alaska, and its watersheds;\n (5) as a result of that 6-mile restriction, only the \n remote, mountainous, northeast corner of the property described \n in paragraph (4)(A), which is nonproductive and has no known \n economic value, was available for selection by Cape Fox, as \n required under section 16(b) of the Alaska Native Claims \n Settlement Act (43 U.S.C. 1615(b));\n (6) land selections by Cape Fox under that Act were further \n limited by the fact that--\n (A) the Annette Island Indian Reservation is \n located within the applicable selection area; and\n (B) land of that reservation is unavailable for \n selection by Cape Fox;\n (7) Cape Fox is the only Village Corporation affected by \n the restrictions described in paragraphs (3)(B) and (6);\n (8) the Secretary of the Interior (referred to in this Act \n as the ``Secretary'') has advised Congress that the predicament \n of Cape Fox is sufficiently unique to warrant the legislative \n remedy provided by this Act; and\n (9) the adjustment of the selections available and \n conveyances of land to Cape Fox under the Alaska Native Claims \n Settlement Act (43 U.S.C. 1601 et seq.), and the related \n adjustment of selections available and conveyances of land to \n the Regional Corporation for Sealaska established pursuant to \n that Act, are in accordance with--\n (A) the purposes of that Act; and\n (B) the public interest.\n\nSEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.\n\n Notwithstanding section 16(b) of the Alaska Native Claims \nSettlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to \nselect or receive conveyance of the approximately 160 acres of \nunconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper \nRiver Meridian.\n\nSEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.\n\n (a) Selection and Conveyance of Surface Estate.--Not later than 90 \ndays after the date of enactment of this Act, in addition to land made \navailable for selection under the Alaska Native Claims Settlement Act \n(43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving \nwritten notice of the selection, the Secretary shall convey, the \napproximately 99 acres of the surface estate of Tongass National Forest \nland located outside the exterior selection boundary of Cape Fox (as in \nexistence on the day before the date of enactment of this Act) and more \nparticularly described as follows:\n (1) T.73 S., R.90 E., Copper River Meridian.\n (2) Of land located in sec. 33--\n (A) the 38 acres located within the SW\\1\/4\\SE\\1\/4\\;\n (B) the 13 acres located within the NW\\1\/4\\SE\\1\/4\\;\n (C) the 40 acres located within the SE\\1\/4\\SE\\1\/4\\; \n and\n (D) the 8 acres located within the SE\\1\/4\\SW\\1\/4\\.\n (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of \nthe surface estate to the land identified in subsection (a), the \nSecretary shall convey to Sealaska Corporation the subsurface estate to \nthe land.\n (c) Timing.--The Secretary shall complete the conveyances to Cape \nFox and Sealaska Corporation under this section as soon as practicable \nafter the date on which the Secretary receives a notice of the \nselection of Cape Fox under subsection (a).\n (d) Entitlement Fulfilled.--\n (1) Definition of approved conveyance.--The term ``approved \n conveyance'' means the conveyance of the 40 acres described as \n the SW\\1\/4\\NE\\1\/4\\ of sec. 10, T.74 S., R.90 E., Copper River \n Meridian, selected and approved for conveyance by the decision \n of the Bureau of Land Management dated May 3, 2000.\n (2) Treatment as full entitlement.--The conveyance of land \n to Cape Fox and Sealaska Corporation pursuant to subsection (a) \n and the approved conveyance shall be considered to fulfill the \n entitlement of--\n (A) Cape Fox under section 16 of the Alaska Native \n Claims Settlement Act (43 U.S.C. 1615); and\n (B) Sealaska Corporation to any subsurface interest \n in the land under section 14(f) of that Act (43 U.S.C. \n 1613(f)).","summary":"Declares that the Cape Fox Corporation of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land. Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox. Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation.","title":"A bill to provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes.","text_len":6140,"sum_len":561} {"bill_id":"113_s1930","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Uphold Our Promise to Veterans \nAct''.\n\nSEC. 2. REPEAL OF ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY \n AMOUNTS FOR RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE \n 62.\n\n Section 403 of the Bipartisan Budget Act of 2013 is hereby \nrepealed.\n\nSEC. 3. LIMITATIONS ON FOREIGN ASSISTANCE.\n\n (a) Foreign Assistance to the Government of Egypt.--\n (1) Restrictions on assistance under section 7008.--In \n accordance with section 7008 of the Department of State, \n Foreign Operations, and Related Programs Act, 2012 (division I \n of Public Law 112-74; 125 Stat. 1195), the United States \n Government, including the Department of State, shall refrain \n from providing to the Government of Egypt the assistance \n restricted under such section.\n (2) Additional restrictions.--In addition to the \n restrictions referred to in paragraph (1), the following \n restrictions shall be in effect with respect to United States \n assistance to the Government of Egypt:\n (A) Deliveries of defense articles currently slated \n for transfer to Egyptian Ministry of Defense (MOD) and \n Ministry of Interior (MOI) shall be suspended until the \n President certifies to Congress that democratic \n national elections have taken place in Egypt followed \n by a peaceful transfer of power.\n (B) Provision of defense services to Egyptian MOD \n and MOI shall be halted immediately until the President \n certifies to Congress that democratic national \n elections have taken place in Egypt followed by a \n peaceful transfer of power.\n (C) Processing of draft Letters of Offer and \n Acceptance (LOAs) for future arms sales to Egyptian MOD \n and MOI entities shall be halted until the President \n certifies to Congress that democratic national \n elections have taken place in Egypt followed by a \n peaceful transfer of power.\n (D) All costs associated with the delays in \n deliveries and provision of services required under \n subparagraphs (A) through (C) shall be borne by the \n Government of Egypt.\n (b) Other Limitations on Foreign Assistance.--\n (1) Prohibition.--No amounts may be obligated or expended \n to provide any direct United States assistance, loan guarantee, \n or debt relief to a Government described under paragraph (2).\n (2) Covered governments.--The Governments referred to in \n paragraph (1) are as follows:\n (A) The Government of Libya.\n (B) The Government of Pakistan.\n (C) The Government of a host country of a United \n States diplomatic facility on the list submitted to \n Congress pursuant to paragraph (3).\n (3) Determination by secretary.--The Secretary of State \n shall submit to Congress a list of all United States diplomatic \n facilities attacked, trespassed upon, breached, or attempted to \n be attacked, trespassed upon, or breached on or after September \n 1, 2012, not later than 5 days after the date of enactment of \n this Act and not later than 5 days after any subsequent attack, \n trespass, breach, or attempt.\n (4) Certification.--Beginning 90 days after the date of the \n enactment of this Act, the President may certify to Congress \n that--\n (A) a Government described under paragraph (2)--\n (i) is cooperating or has cooperated fully \n with investigations into an attack, trespass, \n breach, or attempted attack, trespass, or \n breach;\n (ii) has arrested or facilitated the arrest \n of, and if requested has permitted extradition \n of, all identifiable persons in such country \n associated with organizing, planning, or \n participating in the attack, trespass, breach, \n or attempted attack, trespass, or breach;\n (iii) is facilitating or has facilitated \n any security improvements at United States \n diplomatic facilities, as requested by the \n United States Government; and\n (iv) is taking or has taken sufficient \n steps to strengthen and improve reliability of \n local security in order to prevent any future \n attack, trespass, or breach; and\n (B) all identifiable persons associated with \n organizing, planning, or participating in the attack, \n trespass, breach, or attempted attack, trespass, or \n breach--\n (i) have been identified by the Federal \n Bureau of Investigation, the Bureau of \n Diplomatic Security, or other United States law \n enforcement entity; and\n (ii) are in United States custody.\n (5) Request to suspend prohibition on foreign assistance.--\n Upon submitting a certification under paragraph (4) with \n respect to a Government described under paragraph (2), the \n President may submit a request to Congress to suspend the \n prohibition on foreign assistance to the Government.\n (c) Effective Date.--This section takes effect on the date of the \nenactment of this Act and applies with respect to funds made available \nto any Federal department or agency beginning with fiscal year 2015.\n\nSEC. 4. AUTHORIZATION TO SELL LAND.\n\n (a) Authorization.--For each of fiscal years 2014 through 2024 or \nwhen the authority under this section is terminated in accordance with \nsubsection (d), whichever occurs first, subject to valid existing \nrights, the Secretary of the Interior or the Secretary of Agriculture, \nas the case may be, shall offer for competitive sale by auction all \nright, title, and interest, to the extent provided in subsection \n(b)(2), in and to the following:\n (1) Eight percent of the Federal land managed by the Bureau \n of Land Management.\n (2) Eight percent of the National Forest System land.\n (b) Terms and Conditions.--\n (1) Configuration of land.--The Secretary concerned shall \n configure the land to be sold to maximize marketability or \n achieve management objectives, and may prescribe such terms and \n conditions on the land sales authorized by this Act as the \n Secretary deems in the public interest.\n (2) Mineral rights.--For each fiscal year, the Secretary \n concerned may include in the sale of land under subsection (a) \n the mineral rights to such land for not more than 50 percent of \n the total acreage sold under subsection (a) by that Secretary, \n if the Secretary determines that such inclusion is likely to \n maximize marketability.\n (c) Proceeds From the Sale of Land.--All proceeds from the sale of \nland under this section shall be deposited into the Treasury and \napplied--\n (1) to reduce the annual Federal budget deficit for the \n fiscal year in which the sums are received, except as provided \n in paragraph (2); and\n (2) if there is no annual Federal budget deficit for the \n fiscal year in which the sums are received, to reduce the \n outstanding Federal debt.\n (d) Termination of Authority.--The authority under this section \nshall terminate when the proceeds deposited into the Treasury under \nsubsection (c) equal $3,500,000 or at the end of fiscal year 2024, \nwhichever occurs first.","summary":"Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspendsnbsp, delivery of defense articles and servicesnbsp. To the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistancenbsp, to the Governments of Libya and Pakistan and tonbsp, any country where a USnbsp, diplomatic facilitynbsp. Has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8 of federal land managed by the Bureau of Land Management (BLM) and 8 of National Forest System land. nbsp. Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first.","title":"Uphold Our Promise to Veterans Act","text_len":8244,"sum_len":1090} {"bill_id":"110_s1796","text":"SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION FRESNEL LENS TO \n PRESQUE ISLE TOWNSHIP, MICHIGAN.\n\n (a) Conveyance of Lens Authorized.--\n (1) Transfer of possession.--Notwithstanding any other \n provision of law, the Commandant of the Coast Guard may \n transfer to Presque Isle Township, a township in Presque Isle \n County in the State of Michigan (in this section referred to as \n the ``Township''), possession of the Historic Fresnel Lens (in \n this section referred to as the ``Lens'') from the Presque Isle \n Light Station Lighthouse, Michigan (in this section referred to \n as the ``Lighthouse'').\n (2) Condition.--As a condition of the transfer of \n possession authorized by paragraph (1), the Township shall, not \n later than one year after the date of transfer, install the \n Lens in the Lighthouse for the purpose of operating the Lens \n and Lighthouse as a Class I private aid to navigation pursuant \n to section 85 of title 14, United States Code, and the \n applicable regulations under that section.\n (3) Conveyance of lens.--Upon the certification of the \n Commandant that the Township has installed the Lens in the \n Lighthouse and is able to operate the Lens and Lighthouse as a \n private aid to navigation as required by paragraph (2), the \n Commandant shall convey to the Township all right, title, and \n interest of the United States in and to the Lens.\n (4) Cessation of united states operations of aids to \n navigation at lighthouse.--Upon the making of the certification \n described in paragraph (3), all active Federal aids to \n navigation located at the Lighthouse shall cease to be operated \n and maintained by the United States.\n (b) Reversion.--\n (1) Reversion for failure of aid to navigation.--If the \n Township does not comply with the condition set forth in \n subsection (a)(2) within the time specified in that subsection, \n the Township shall, except as provided in paragraph (2), return \n the Lens to the Commandant at no cost to the United States and \n under such conditions as the Commandant may require.\n (2) Exception for historical preservation.--Notwithstanding \n the lack of compliance of the Township as described in \n paragraph (1), the Township may retain possession of the Lens \n for installation as an artifact in, at, or near the Lighthouse \n upon the approval of the Commandant. The Lens shall be retained \n by the Township under this paragraph under such conditions for \n the preservation and conservation of the Lens as the Commandant \n shall specify for purposes of this paragraph. Installation of \n the Lens under this paragraph shall occur, if at all, not later \n than two years after the date of the transfer of the Lens to \n the Township under subsection (a)(1).\n (3) Reversion for failure of historical preservation.--If \n retention of the Lens by the Township is authorized under \n paragraph (2) and the Township does not install the Lens in \n accordance with that paragraph within the time specified in \n that paragraph, the Township shall return the lens to the Coast \n Guard at no cost to the United States and under such conditions \n as the Commandant may require.\n (c) Conveyance of Additional Personal Property.--\n (1) Transfer and conveyance of personal property.--\n Notwithstanding any other provision of law, the Commandant may \n transfer to the Township any additional personal property of \n the United States related to the Lens that the Commandant \n considers appropriate for conveyance under this section. If the \n Commandant conveys the Lens to the Township under subsection \n (a)(3), the Commandant may convey to the Township any personal \n property previously transferred to the Township under this \n subsection.\n (2) Reversion.--If the Lens is returned to the Coast Guard \n pursuant to subsection (b), the Township shall return to the \n Coast Guard all personal property transferred or conveyed to \n the Township under this subsection except to the extent \n otherwise approved by the Commandant.\n (d) Conveyance Without Consideration.--The conveyance of the Lens \nand any personal property under this section shall be without \nconsideration.\n (e) Delivery of Property.--The Commandant shall deliver property \nconveyed under this section--\n (1) at the place where such property is located on the date \n of the conveyance;\n (2) in condition on the date of conveyance; and\n (3) without cost to the United States.\n (f) Maintenance of Property.--As a condition of the conveyance of \nany property to the Township under this section, the Commandant shall \nenter into an agreement with the Township under which the Township \nagrees--\n (1) to operate the Lens as a Class I private aid to \n navigation under section 85 of title 14, United States Code, \n and application regulations under that section; and\n (2) to hold the United States harmless for any claim \n arising with respect to personal property conveyed under this \n section.\n (g) Limitation on Future Conveyance.--The instruments providing for \nthe conveyance of property under this section shall--\n (1) require that any further conveyance of an interest in \n such property may not be made without the advance approval of \n the Commandant; and\n (2) provide that, if the Commandant determines that an \n interest in such property was conveyed without such approval--\n (A) all right, title, and interest in such property \n shall revert to the United States, and the United \n States shall have the right to immediate possession of \n such property; and\n (B) the recipient of such property shall pay the \n United States for costs incurred by the United States \n in recovering such property.\n (h) Additional Terms and Conditions.--The Commandant may require \nsuch additional terms and conditions in connection with the conveyances \nauthorized by this section as the Commandant considers appropriate to \nprotect the interests of the United States.","summary":"Authorizes the Commandant of the Coast Guard to transfer to Presque Isle Township in Presque County, Michigan: (1) possession of the historic Fresnel Lens from the Presque Isle Light Station Lighthouse. And (2) any additional US personal property related to the Lens that the Commandant considers appropriate for conveyance. Requires the Township, as condition of the transfer of possession, to install the Lens in the Lighthouse as a Class I private aid to navigation. Instructs the Commandant, upon certification of the Commandant that the Township has installed the Lens and is able to operate the Lens and Lighthouse as a private aid to navigation, to convey to the Township all interest of the United States in and to the Lens. Allows the Commandant, if the Commandant conveys the Lens to the Township, to convey to the Township any personal property previously transferred to the Township under this Act.","title":"A bill to provide for the conveyance of the Presque Isle Light Station Fresnel Lens to Presque Isle Township, Michigan.","text_len":6635,"sum_len":910} {"bill_id":"110_hr5909","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Catching Operational Vulnerabilities \nby Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''.\n\nSEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY \n SCREENERS.\n\n Section 111 of the Aviation and Transportation Security Act (Public \nLaw 107-71; 49 U.S.C. 44935 note) is amended--\n (1) by striking the section enumerator and heading and \n inserting the following:\n\n``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING \n PERSONNEL.''; AND\n\n (2) by adding at the end the following:\n ``(e) Prohibition of Advance Notice to Security Screeners of Covert \nTesting and Evaluation.--\n ``(1) In general.--The Secretary of Homeland Security shall \n ensure that information concerning a covert test of a \n transportation security system to be conducted by a covert \n testing office, the Inspector General of the Department of \n Homeland Security, or the Government Accountability Office is \n not provided to any individual prior to the completion of the \n test.\n ``(2) Exceptions.--Notwithstanding paragraph (1)--\n ``(A) an individual may provide information \n concerning a covert test of a transportation security \n system to employees, officers, and contractors of the \n Federal Government (including military personnel); \n employees and officers of State and local governments; \n and law enforcement officials, who are authorized to \n receive or directed to be provided such information by \n the Assistant Secretary of Homeland Security \n (Transportation Security Administration), the Inspector \n General of the Department of Homeland Security, or the \n Comptroller General of the United States, as the case \n may be; and\n ``(B) for the purpose of ensuring the security of \n any individual in the vicinity of a site where a covert \n test of a transportation security system is being \n conducted, an individual conducting the test may \n disclose his or her status as an individual conducting \n the test to any appropriate individual if a security \n screener or other individual who is not a covered \n employee identifies the individual conducting the test \n as a potential threat.\n ``(3) Special rules for the transportation security \n administration.--\n ``(A) Monitoring and security of testing \n personnel.--The head of each covert testing office \n shall ensure that a person or group of persons \n conducting a covert test of a transportation security \n system for the covert testing office is accompanied at \n the site of the test by a cover team comprised of one \n or more employees of the covert testing office for the \n purpose of monitoring the test and confirming the \n identity of personnel involved in the test under \n subparagraph (B).\n ``(B) Responsibility of cover team.--Under this \n paragraph, a cover team for a covert test of a \n transportation security system shall--\n ``(i) monitor the test; and\n ``(ii) for the purpose of ensuring the \n security of any individual in the vicinity of a \n site where the test is being conducted, \n confirm, notwithstanding paragraph (1), the \n identity of any individual conducting the test \n to any appropriate individual if a security \n screener or other individual who is not a \n covered employee identifies the individual \n conducting the test as a potential threat.\n ``(C) Aviation screening.--Notwithstanding \n subparagraph (A), the Transportation Security \n Administration is not required to have a cover team \n present during a test of the screening of persons, \n carry-on items, or checked baggage at an aviation \n security checkpoint at or serving an airport if the \n test--\n ``(i) is approved by the Federal Security \n Director for such airport; and\n ``(ii) is carried out under an aviation \n screening assessment program of the Department \n of Homeland Security.\n ``(D) Use of other personnel.--The Transportation \n Security Administration may use employees, officers, \n and contractors of the Federal Government (including \n military personnel) and employees and officers of State \n and local governments to conduct covert tests.\n ``(4) Impact study and report on covert testing \n procedures.--\n ``(A) Impact study.--The Secretary of Homeland \n Security shall conduct a study of the impact of the \n implementation of this subsection on the Department of \n Homeland Security's efforts to improve transportation \n security.\n ``(B) Requirements.--The study under subparagraph \n (A) shall include an assessment of--\n ``(i) the impact of the implementation of \n this subsection on personnel of the Department \n of Homeland Security;\n ``(ii) the impact of such implementation on \n information sharing within the Department;\n ``(iii) best practices for integrating the \n topic of covert testing into existing training \n and testing programs for personnel of the \n Department; and\n ``(iv) the effectiveness of covert testing \n as a method to improve security.\n ``(C) Report.--Not later than 270 days after the \n date of the enactment of this subsection, the Secretary \n shall submit to the Committee on Homeland Security of \n the House of Representatives and the Committee on \n Homeland Security and Governmental Affairs of the \n Senate a report that contains--\n ``(i) the results of the study under \n subparagraph (A);\n ``(ii) recommendations for changes to the \n training of personnel of the Department that \n are necessary to ensure compliance with the \n requirements of this subsection; and\n ``(iii) recommendations to improve the \n effectiveness of the implementation of this \n subsection.\n ``(5) Definitions.--For purposes of this subsection, the \n following definitions apply:\n ``(A) Appropriate individual.--The term \n `appropriate individual', as used with respect to a \n covert test of a transportation security system, means \n any individual that--\n ``(i) the individual conducting the test \n determines needs to know his or her status as \n an individual conducting a test under paragraph \n (2)(B); or\n ``(ii) the cover team monitoring the test \n under paragraph (3)(B)(i) determines needs to \n know the identity of an individual conducting \n the test.\n ``(B) Covered employee.--The term `covered \n employee' means any individual who receives notice of a \n covert test before the completion of a test under \n paragraph (2)(A).\n ``(C) Covert test.--\n ``(i) In general.--The term `covert test' \n means an exercise or activity conducted by a \n covert testing office, the Inspector General of \n the Department of Homeland Security, or the \n Government Accountability Office to \n intentionally test, compromise, or circumvent \n transportation security systems to identify \n vulnerabilities in such systems.\n ``(ii) Limitation.--Notwithstanding clause \n (i), the term `covert test' does not mean an \n exercise or activity by an employee or \n contractor of the Transportation Security \n Administration to test or assess compliance \n with regulations under title 49 of the Code of \n Federal Regulations.\n ``(D) Covert testing office.--The term `covert \n testing office' means any office of the Transportation \n Security Administration designated by the Assistant \n Secretary of Homeland Security (Transportation Security \n Administration) to conduct covert tests of \n transportation security systems.\n ``(E) Employee of a covert testing office.--The \n term `employee of a covert testing office' means an \n individual who is an employee of a covert testing \n office or a contractor or an employee of a contractor \n of a covert testing office.''.\n\n Passed the House of Representatives June 18, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008, or the COVERT Act of 2008 - Amends the Aviation and Transportation Security Act to require the Secretary of Homeland Security to make sure that advance notice of a covert test of a transportation security system is not provided to any individual before completion of the test, except: (1) that such information may be provided to certain federal, state, and local government employees, officers, and contractors. And (2) an individual conducting such a test may disclose his or her status if a security screener or other non-covered employee identifies such tester as a potential threat. Requires the head of each covert testing office to make sure that a covert testing person or group is accompanied by a cover team to monitor the test and confirm the identity of personnel involved. States, however, that a cover team is not required to be present during a test of the screening of persons or baggage at an aviation security checkpoint if the test: (1) is approved by the Federal Security Director for the airport. And (2) is administered under an aviation screening assessment program of the Department of Homeland Security. Directs the Secretary of Homeland Security to study and report to Congress on the impact of implementing covert testing procedures under this Act on the Department's efforts to improve transportation security.","title":"To amend the Aviation and Transportation Security Act to prohibit advance notice to certain individuals, including security screeners, of covert testing of security screening procedures for the purpose of enhancing transportation security at airports, and for other purposes.","text_len":10535,"sum_len":1415} {"bill_id":"112_s1338","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Regulatory Capture Prevention Act of \n2011''.\n\nSEC. 2. OFFICE OF REGULATORY INTEGRITY.\n\n (a) In General.--Chapter 5 of title 31, United States Code, is \namended by inserting after section 507 the following:\n``Sec. 508. Office of Regulatory Integrity\n ``(a) Definitions.--In this section--\n ``(1) the term `Administrator' means the Administrator of \n the Office of Regulatory Integrity;\n ``(2) the term `agency'--\n ``(A) means each authority of the Government of the \n United States, whether or not it is within or subject \n to review by another agency; and\n ``(B) does not include--\n ``(i) the Government Accountability Office; \n or\n ``(ii) the Congressional Budget Office; and\n ``(3) the term `relevant committees of Congress' means--\n ``(A) the Committee on Homeland Security and \n Governmental Affairs of the Senate;\n ``(B) the Committee on Appropriations of the \n Senate;\n ``(C) the Committee on the Judiciary of the Senate;\n ``(D) the Committee on Oversight and Government \n Reform of the House of Representatives;\n ``(E) the Committee on Appropriations of the House \n of Representatives;\n ``(F) the Committee on the Judiciary of the House \n of Representatives; and\n ``(G) with respect to a report other than the \n annual report, any committee in the Senate or House of \n Representatives that exercises oversight authority over \n an agency discussed in the report.\n ``(b) Office of Regulatory Integrity.--\n ``(1) Establishment.--There is established in the Office of \n Management and Budget an office to be known as the Office of \n Regulatory Integrity.\n ``(2) Administrator.--There shall be at the head of the \n Office of Regulatory Integrity an Administrator who shall be \n appointed by the President, by and with the advice and consent \n of the Senate.\n ``(c) Functions of Administrator.--\n ``(1) In general.--In order to defeat regulatory capture \n and related threats to the integrity of Federal agencies, the \n Administrator shall investigate and report on the influence of \n concentrated economic interests on Federal agencies, and \n components thereof, that results in--\n ``(A) agency action or inaction that fails to \n advance the congressionally assigned mission of the \n agency or is otherwise inimical to the public interest;\n ``(B) regulation, licensing, adjudication, grants, \n or other agency action that--\n ``(i) favors a limited number of economic \n interests at the expense of the agency's \n congressionally assigned mission; or\n ``(ii) is otherwise inimical to the public \n interest;\n ``(C) enforcement priorities that are not \n reasonably calculated to accomplish the goals of the \n regulatory program in question; or\n ``(D) a loss of confidence in the integrity of the \n regulatory process.\n ``(2) Recommendations by the administrator.--When reporting \n on the influence of concentrated economic interests on an \n agency, the Administrator shall include recommendations that, \n if implemented, would restore integrity to the regulatory \n process by enhancing the capacity of the agency to resist such \n influence.\n ``(3) Comments by federal agencies.--Unless the \n Administrator determines that the public interest requires \n immediate release, the Administrator shall--\n ``(A) provide a copy of a report to the relevant \n Federal agencies not less than 30 days before the \n completion of a report by the Administrator; and\n ``(B) include the comments of the relevant Federal \n agencies as addenda to the report upon release.\n ``(4) Coordination with inspectors general.--The \n Administrator shall inform the inspectors general of the \n relevant Federal agencies upon initiation of an investigation \n and may coordinate with the inspectors general as the \n Administrator concludes is appropriate to fulfill the \n responsibilities established by this section.\n ``(d) Authority of Administrator.--\n ``(1) In general.--In addition to the authority otherwise \n provided by this section, the Administrator, in carrying out \n the provisions of this section, is authorized to--\n ``(A) have access to all records, reports, audits, \n reviews, documents, papers, recommendations, or other \n material available to the applicable agency which \n relate to regulatory activities with respect to which \n the Administrator has responsibilities under this \n section;\n ``(B) make such investigations and reports relating \n to the administration of the programs and operations of \n the applicable agency as are, in the judgment of the \n Administrator, necessary or desirable;\n ``(C) request such information or assistance as may \n be necessary to carry out the duties and \n responsibilities provided by this section from any \n Federal, State, or local governmental agency or unit \n thereof;\n ``(D) require by subpoena the production of all \n information, documents, reports, answers, records, \n accounts, papers, and other data in any medium \n (including electronically stored information, as well \n as any tangible thing) and documentary evidence \n necessary in the performance of the functions assigned \n by this section, which subpoena, in the case of \n contumacy or refusal to obey, shall be enforceable by \n order of any appropriate United States District Court, \n except that procedures other than subpoenas shall be \n used by the Administrator to obtain documents and \n information from Federal agencies;\n ``(E) administer to or take from any person an \n oath, affirmation, or affidavit, whenever necessary in \n the performance of the functions assigned by this \n section, which oath, affirmation, or affidavit when \n administered or taken by or before an employee of the \n Office of Regulatory Integrity designated by the \n Administrator shall have the same force and effect as \n if administered or taken by or before an officer having \n a seal;\n ``(F) have direct and prompt access to the head of \n the agency involved when necessary for any purpose \n pertaining to the performance of functions and \n responsibilities under this section;\n ``(G) select, appoint, and employ such officers and \n employees as may be necessary to carry out the \n functions, powers, and duties of the Office of \n Regulatory Integrity subject to the provisions of title \n 5, governing appointments in the competitive service, \n and the provisions of chapter 51 and subchapter III of \n chapter 53 of such title relating to classification and \n General Schedule pay rates;\n ``(H) obtain services as authorized by section 3109 \n of title 5 at daily rates not to exceed the equivalent \n rate prescribed for a position at level IV of the \n Executive Schedule; and\n ``(I) the extent and in such amounts as may be \n provided in advance by appropriations Acts, enter into \n contracts and other arrangements for audits, studies, \n analyses, and other services with public agencies and \n with private persons, and to make such payments as may \n be necessary to carry out the provisions of this \n section.\n ``(2) Information and assistance.--\n ``(A) Information and assistance by head of \n agency.--Upon request of the Administrator for \n information or assistance under paragraph (1), the head \n of any agency involved shall, insofar as is practicable \n and not in contravention of any statutory restriction \n or regulation of the agency from which the information \n is requested, furnish to the Administrator, or to an \n authorized designee, such information or assistance.\n ``(B) Information and assistance by inspectors \n general.--Upon request of the Administrator for \n information or assistance under paragraph (1), the \n Inspector General of any agency involved shall, insofar \n as is practicable and not in contravention of any \n statutory restriction or regulation of the agency from \n which the information is requested, furnish to the \n Administrator, or to an authorized designee, such \n information or assistance.\n ``(C) Reports of inspectors general.--The inspector \n general of each agency shall provide copies of all \n reports issued by that inspector general to the \n Administrator in a timely manner, and may provide the \n Administrator at any time with information the \n inspector general believes relevant to the performance \n of the Administrator's duties.\n ``(D) Details of employees.--Upon request of the \n Administrator, the head of any agency shall, to the \n extent reasonably practicable, and on a reimbursable \n basis, detail personnel of that agency to the Office of \n Regulatory Integrity to assist it in carrying out its \n duties under this section.\n ``(E) Reports to heads of agencies.--Whenever \n information or assistance requested under paragraph (1) \n is, in the judgment of the Administrator, unreasonably \n refused or not provided, the Administrator shall report \n the circumstances to the head of the agency involved \n without delay.\n ``(3) Limitation on authority.--Except as provided in \n paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the \n Administrator may not control or direct any law enforcement \n agency, including the Department of Justice, in the exercise of \n the Administrator's investigative authority.\n ``(e) Consultation With Government Accountability Office.--\n ``(1) In general.--The Administrator may consult with the \n Government Accountability Office as to the scope and focus of \n an investigation.\n ``(2) Comments by the government accountability office.--\n Unless the Administrator determines that the public interest \n requires immediate release, the Administrator shall--\n ``(A) provide a copy of a report to the Government \n Accountability Office not less than 30 days before the \n completion of a report by the Administrator; and\n ``(B) include the comments of the Government \n Accountability Office as addenda to the report upon \n release.\n ``(3) Availability of reports.--Subject to the restrictions \n under subsection (g), the Administrator shall make all reports \n available to the Government Accountability Office.\n ``(4) Comments by government accountability office.--Not \n later than 60 days after receipt of a report from the \n Administrator, the Government Accountability Office shall \n publish written comments on the methodology and conclusions of \n the report.\n ``(5) Further investigations by administrator.--Upon \n request for further investigation by the Government \n Accountability Office, the Administrator shall--\n ``(A) perform the requested investigation as \n promptly as reasonably feasible; or\n ``(B) provide the Government Accountability Office \n with a written explanation why the Administrator has \n chosen not to pursue further investigation.\n ``(6) Further investigations by the government \n accountability office.--Except as otherwise proscribed by law, \n the Government Accountability Office may perform any further \n investigation it determines appropriate.\n ``(f) Consultation With Administrative Conference of the United \nStates.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of the Regulatory Capture Prevention Act of 2011, \n the Administrative Conference of the United States shall \n provide the Administrator with written guidance on--\n ``(A) the principal means by which concentrated \n economic interests wield influence across the Federal \n agencies;\n ``(B) the most salient threats to regulatory \n integrity arising from that influence; and\n ``(C) effective measures to minimize regulatory \n capture.\n ``(2) Guidance.--On a continuing basis, the Administrator \n shall develop, in consultation with the Administrative \n Conference of the United States, written guidance describing \n the most pervasive threats to regulatory integrity and the \n factors that primarily inform the exercise of the \n Administrator's investigatory discretion.\n ``(3) Comments.--The Administrative Conference of the \n United States shall, to the extent it determines appropriate, \n comment upon reports issued by the Administrator.\n ``(g) Reports to Congress; Public Release.--\n ``(1) In general.--Not later than 30 days after completion \n of each report, the Administrator shall submit that report to \n the relevant committees of Congress. The relevant committees of \n Congress shall hold hearings on the report as the committees \n determine appropriate.\n ``(2) Annual reports.--\n ``(A) In general.--Not later than April 30 of each \n year, the Administrator shall prepare and provide to \n the relevant committees of Congress an annual report \n summarizing the activities of the Office of Regulatory \n Integrity during the immediately preceding 12-month \n period ending March 31.\n ``(B) Contents.--Reports under this paragraph shall \n include--\n ``(i) a description of significant \n problems, abuses, and deficiencies relating to \n the undue influence in agencies of concentrated \n economic interests during the reporting period;\n ``(ii) a description of the recommendations \n for corrective action made by the Office of \n Regulatory Integrity during the reporting \n period with respect to significant problems, \n abuses, or deficiencies identified under clause \n (i);\n ``(iii) an identification of each \n significant recommendation described in \n previous semiannual reports on which corrective \n action has not been completed;\n ``(iv) a summary of each report issued by \n the Office of Regulatory Integrity; and\n ``(v) a financial report for the Office of \n Regulatory Integrity.\n ``(3) Public disclosure.--\n ``(A) In general.--Not later than 30 days after the \n transmission of the annual report to the Congress, the \n Administrator shall make copies of such report \n available on a publicly available Internet website.\n ``(B) Limitations on disclosures.--Nothing in this \n paragraph shall be construed to authorize the public \n disclosure of information which is--\n ``(i) specifically prohibited from \n disclosure by any other provision of law;\n ``(ii) specifically required by Executive \n order to be protected from disclosure in the \n interest of national defense or national \n security or in the conduct of foreign affairs; \n or\n ``(iii) a part of an ongoing criminal \n investigation.\n ``(C) Information in public record.--\n Notwithstanding subparagraph (B), any report under this \n subsection may be disclosed to the public in a form \n which includes information with respect to a part of an \n ongoing criminal investigation if such information has \n been included in a public record.\n ``(D) No withholding of information from \n congress.--Nothing in this section shall be construed \n to authorize or permit the withholding of information \n from the Congress, or from any committee or \n subcommittee thereof, except as otherwise authorized by \n law.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated for each fiscal year such sums as may be necessary to \ncarry out this section.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 5 of title 31, United States Code, is amended by inserting \nafter the item relating to section 507 the following:\n\n``Sec. 508. Office of Regulatory Integrity.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by section 2 shall take effect 90 days after \nthe date of enactment of this Act.","summary":"Regulatory Capture Prevention Act of 2011 - Establishes the Office of Regulatory Integrity in the Office of Management and Budget (OMB), to be headed by an Administrator. Requires the Administrator to investigate and report on the influence of concentrated economic interests on federal agencies that results in: (1) agency action or inaction that fails to advance the mission of the agency or is otherwise inimical to the public interest. (2) regulation, licensing, adjudication, grants, or other agency action that favors a limited number of economic interests or is otherwise inimical to the public interest. (3) enforcement priorities that are not reasonably calculated to accomplish regulatory goals. And (4) a loss of confidence in the integrity of the regulatory process. Grants certain powers to the Administrator to carry out this Act, including access to agency records, subpoena power, direct and prompt access to the head of a relevant agency and access to information and assistance by such agency. Requires the Administrative Conference of the United States to provide the Administrator with written guidance on the principal means by which concentrated economic interests wield influence on federal agencies, the most salient threats to regulatory integrity arising from such influence, and effective measures to minimize regulatory capture.","title":"A bill to amend chapter 5 of title 31, United States Code, to establish the Office of Regulatory Integrity within the Office of Management and Budget.","text_len":19476,"sum_len":1356} {"bill_id":"114_s2950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gold King Accountability and \nCompensation for Taxpayers'' or the ``Gold King ACT''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) on August 5, 2015, the Environmental Protection Agency \n caused the release of approximately 3,000,000 gallons of \n contaminated water from the Gold King Mine into Cement Creek;\n (2) the Environmental Protection Agency takes full \n responsibility for the Gold King Mine spill;\n (3) the peer reviewer of the Corps of Engineers to the \n report of the Department of the Interior relating to the Gold \n King Mine spill expressed concerns about the independent nature \n of the report and the internal communications and decisions of \n the Environmental Protection Agency relating to the spill;\n (4) the Environmental Protection Agency should be held to \n the same standards as the private sector would be if the \n private sector caused a similar spill;\n (5) the Environmental Protection Agency should hold \n accountable those individuals responsible for the Gold King \n Mine spill; and\n (6) since response activities took place after October 31, \n 2015, the Environmental Protection Agency should reimburse \n requests for response activity expenses incurred after that \n date.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Gold king mine spill.--The term ``Gold King Mine \n spill'' means the discharge on August 5, 2015, of approximately \n 3,000,000 gallons of contaminated water from the Gold King Mine \n north of Silverton, Colorado, into Cement Creek that occurred \n while contractors of the Environmental Protection Agency were \n conducting an investigation of the Gold King Mine.\n (3) Independent contractor.--The term ``independent \n contractor'' means any person, as of August 5, 2015, that--\n (A) entered into a contract with a Federal agency \n (as defined in section 2671 of title 28, United States \n Code) for goods or services relating to the Gold King \n Mine spill; and\n (B) was not an employee of the Government (as \n defined in section 2671 of title 28, United States \n Code).\n (4) Injured person.--The term ``injured person'' means a \n person that--\n (A) suffered injury resulting from the Gold King \n Mine spill; and\n (B) is--\n (i) an individual;\n (ii) an Indian tribe, tribal corporation, \n or other tribal organization;\n (iii) a corporation, business, partnership, \n company, association, insurer, county, \n township, city, State or political subdivision \n of a State, school district, ditch company, \n special district, water district, water \n company, the Animas-La Plata Operation, \n Maintenance and Replacement Association, or \n other non-Federal entity; or\n (iv) a legal representative of an \n individual or entity described in any of \n clauses (i) through (iii).\n (5) Injury.--The term ``injury'' means any damage to, or \n loss of, property, or a personal injury or death, caused by a \n negligent or wrongful act or omission of a Federal officer, \n employee, contractor, or subcontractor while acting within the \n scope of office, employment, or contract, under circumstances \n in which the Federal officer, employee, contractor, or \n subcontractor, if a private person, would be liable to the \n claimant in accordance with the law of the jurisdiction in \n which the act or omission occurred.\n\nSEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS \n ACT.\n\n (a) Responsibilities of the Administrator.--\n (1) In general.--An injured person may bring a claim \n arising out of, or relating to, any injury resulting from the \n Gold King Mine spill under chapter 171 of title 28, United \n States Code (commonly known as the ``Federal Tort Claims Act'') \n and the Administrator shall receive, process, and pay those \n claims in accordance with this section.\n (2) Timing.--\n (A) In general.--Notwithstanding section 2675(a) of \n title 28, United States Code, not later than 90 days \n after the date on which an injured person submits to \n the Administrator a claim under this section, the \n Administrator shall award or deny the payment of the \n claim.\n (B) Partially paid claims.--In the case of a claim \n for which, as of the date of enactment of this Act, the \n Administrator has partially awarded payment to an \n injured person, the Administrator shall award the \n remaining payment not later than 60 days after that \n date of enactment.\n (C) Previously filed claims.--In the case of a \n claim for which, as of the date of enactment of this \n Act, not fewer than 90 days have passed since the date \n on which an injured person submitted to the \n Administrator a claim under this section, not later \n than 60 days after that date of enactment, the \n Administrator shall award or deny payment of the claim.\n (b) Applicability of Other Law.--\n (1) Applicability of exception.--Section 2680(a) of title \n 28, United States Code, shall not apply to claims brought under \n this section.\n (2) Independent contractors.--For purposes of a claim \n brought under this section, the definition of the term \n ``Federal agency'' under section 2671 of title 28, United \n States Code, shall be considered to include an independent \n contractor.\n (c) Allowable Damages.--\n (1) Property loss.--A claim that is paid for loss of \n property under this section may include otherwise-uncompensated \n damages resulting from the Gold King Mine spill for--\n (A) a cost resulting from lost tribal or nontribal \n subsistence from hunting, fishing, firewood gathering, \n timbering, grazing, or agricultural activities, or from \n lost use for traditional or ceremonial uses, conducted \n on land or water damaged by the Gold King Mine spill;\n (B) a cost of reforestation or revegetation on \n tribal or non-Federal land, to the extent that the cost \n of reforestation or revegetation is not covered by any \n other Federal program;\n (C) any costs borne by any injured person to \n determine the extent of--\n (i) the damages to agricultural land; or\n (ii) any other damages covered by this Act;\n (D) any costs borne by an injured person to pay for \n water supplies or equipment to treat water during the \n period for which a water supply of the injured person \n was compromised by the Gold King Mine spill; and\n (E) any other loss that the Administrator \n determines to be appropriate for inclusion as loss of \n property.\n (2) Business loss.--A claim that is paid for an injury \n under this section may include damages resulting from the Gold \n King Mine spill for the following types of otherwise-\n uncompensated business loss:\n (A) Damage to tangible assets or inventory.\n (B) Lost business income.\n (C) Overhead costs.\n (D) Employee wages for work not performed.\n (E) Any other loss that the Administrator \n determines to be appropriate for inclusion as a \n business loss.\n (3) Financial loss.--A claim that is paid for an injury \n under this section may include damages resulting from the Gold \n King Mine spill for the following types of otherwise-\n uncompensated financial loss:\n (A) An insurance deductible.\n (B) Lost wages or personal income.\n (C) Emergency staffing expenses.\n (D) Debris removal and other cleanup costs.\n (E) Any other loss that the Administrator \n determines to be appropriate for inclusion as a \n financial loss.\n (d) Recoupment for Improper Payments.--Notwithstanding any other \nprovision of law, during the 13-year period beginning on the date on \nwhich a claim is awarded under this section, the Administrator may take \nsuch action as is necessary to recover payments made under this section \nwith respect to fraudulent claims and claims made with inaccurate \ninformation.\n (e) Source of Payments.--\n (1) In general.--Any compensation or award against the \n Government made pursuant to a claim under this section shall be \n paid by the Administrator from unobligated balances in the \n appropriations accounts of the Environmental Protection Agency.\n (2) Intent of congress.--It is the intent of Congress that \n no additional funds be appropriated to carry out this Act.\n\nSEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE \n ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.\n\n (a) In General.--The Administrator shall, consistent with the \nnational contingency plan, receive, process, and pay under the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine \nspill.\n (b) Eligible Claims.--The Administrator shall receive, process, and \npay under the Comprehensive Environmental Response, Compensation, and \nLiability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the \nGold King Mine spill that otherwise would be ineligible under that Act \nor the national contingency plan if the response action carried out by \nthe claimant is not inconsistent with the national contingency plan as \ndescribed in section 107 of that Act (42 U.S.C. 9607).\n (c) Timing.--\n (1) In general.--Not later than 90 days after the date on \n which an injured person submits to the Administrator a claim \n under this section, the Administrator shall award or deny the \n payment of the claim.\n (2) Partially paid claims.--In the case of a claim for \n which, as of the date of enactment of this Act, the \n Administrator has partially awarded payment to an injured \n person, the Administrator shall award the remaining payment not \n later than 60 days after that date of enactment.\n (3) Previously filed claims.--In the case of a claim for \n which, as of the date of enactment of this Act, not fewer than \n 90 days have passed since the date on which an injured person \n submitted to the Administrator a claim under this section, not \n later than 60 days after that date of enactment, the \n Administrator shall award or deny payment of the claim.\n\nSEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.\n\n (a) Effect of Act.--This Act does not diminish the ability of the \nAdministrator to carry out the responsibilities of the Administrator \nunder any other provision of law.\n (b) Reduction in Payment.--To prevent a claimant from receiving \ntwice the damage award for the same injury or claim--\n (1) any compensation or award against the Government under \n section 4 shall be deducted from any payment awarded against \n the Government under section 5; and\n (2) any compensation or award against the Government under \n section 5 shall be deducted from any payment awarded against \n the Government under section 4.\n\nSEC. 7. WATER QUALITY PROGRAM.\n\n (a) In General.--In response to the Gold King Mine spill, the \nAdministrator, in coordination with affected States and Indian tribes, \nshall develop and implement a program for long-term water quality \nmonitoring of the Animas River.\n (b) Requirements.--In carrying out the program described in \nsubsection (a), the Administrator shall--\n (1) collect water quality samples and sediment data;\n (2) provide the public with a means of viewing the samples \n and data referred to in paragraph (1) by, at a minimum, posting \n the information on the website of the Administrator;\n (3) take any other relevant measure necessary to assist \n affected States and Indian tribes with long-term water \n monitoring; and\n (4) carry out additional program activities, as determined \n by the Administrator.","summary":"Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill. The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River.","title":"Gold King ACT","text_len":13643,"sum_len":1094} {"bill_id":"112_hr5344","text":"SECTION 1. COMPREHENSIVE ARMED FORCES POLICY ON PREVENTION AND RESPONSE \n TO HAZING INVOLVING MEMBERS OF THE ARMED FORCES.\n\n (a) Hazing Defined.--The Secretary of Defense, in consultation with \nthe Secretaries of the military departments and the Secretary of \nHomeland Security (with respect to the Coast Guard), shall assess and \ndevelop a uniform definition of hazing applicable to members of the \nArmed Forces for inclusion in the Uniform Code of Military Justice. The \nSecretary of Defense shall submit the definition to the designated \ncongressional committees not later than 90 days after the date of the \nenactment of this Act. It is the sense of Congress that the definition \nshould cover, at a minimum, any situation in which a member of the \nArmed Forces suffers, or is exposed to, any cruelty, indignity, \nhumiliation, hardship, harm, harassment, or oppression, or the \ndeprivation or abridgement of any right by another member of the Armed \nForces.\n (b) Comprehensive Armed Forces Policy Required.--\n (1) Policy required.--Not later than one year after the \n date of the enactment of this Act, the Secretary of Defense, in \n consultation with the Secretaries of the military departments \n and the Secretary of Homeland Security, shall develop and \n implement a comprehensive policy on the prevention of and \n response to hazing involving members of the Armed Forces.\n (2) Consideration of recommendations.--In developing this \n policy, the Secretaries shall consider the recommendations made \n and findings of the Inspectors General of the Department of \n Defense and the Department of Homeland Security in reports \n investigating hazing involving members of the Armed Forces and \n the recommendations of the Comptroller General of the United \n States under subsection (e).\n (3) Use of definition.--The policy shall reflect the \n comprehensive definition of hazing determined pursuant to \n subsection (a).\n (c) Information Database on Hazing Incidents.--\n (1) Database required.--The Secretary of Defense and the \n Secretary of Homeland Security shall develop and implement a \n centralized, case-level database for the collection and \n maintenance of information regarding hazing involving a member \n of the Armed Services, including hazing incidents occurring at \n officer candidate schools, military academies, military academy \n preparatory schools, and basic training and professional \n schools for enlisted members. The collection and maintenance of \n information in the database shall be conducted in a manner \n consistent with Department of Defense and the Department of \n Homeland Security regulations for restricted reporting.\n (2) Scope of database.--The database shall provide the \n following information with respect to each Armed Force:\n (A) Description of each hazing complaint.\n (B) Substantiated incidents of hazing.\n (C) The nature and date of the hazing.\n (D) The victim, including race, gender, and rank.\n (E) The alleged offender, including race, gender, \n and rank.\n (F) The branch and division in which the hazing \n incident occurred, along with whether it took place \n during a contingency operation.\n (G) Actions taken to resolve hazing, including \n disciplinary action, transfer of an offender as a \n result or related to the offense, and training, policy, \n and internal guideline changes to address hazing.\n (H) The outcome of any legal proceedings in \n connection with the hazing.\n (3) Implementation.--\n (A) Plan for implementation.--Not later than 90 \n days after the date of the enactment of this Act, the \n Secretary of Defense and the Secretary of Homeland \n Security shall submit to the designated congressional \n committees a plan to provide for the implementation of \n the database.\n (B) Relation to defense incident-based reporting \n system.--Not later than 180 days after the date of the \n enactment of this Act, the Secretary of Defense shall \n submit to the designated congressional committees a \n report containing--\n (i) a description of the current status of \n the Defense Incident-Based Reporting System; \n and\n (ii) an explanation of how the Defense \n Incident-Based Reporting System will relate to \n the database.\n (C) Completion.--Not later than 15 months after the \n date of the enactment of this Act, the Secretary of \n Defense and the Secretary of Homeland Security shall \n complete implementation of the database.\n (d) Annual Reporting Requirement.--\n (1) In general.--The database required by subsection (c) \n shall be used to develop and implement an annual congressional \n report.\n (2) Reports required.--Not later than January 15 of each \n year, the Secretary of Defense and the Secretary of Homeland \n Security shall submit to the designated congressional \n committees a report on the hazing incidents involving members \n of the Armed Forces during the preceding year.\n (3) Elements.--Each report shall include the following:\n (A) An assessment by the Secretaries of the \n implementation during the preceding year of the \n policies and procedures of each Armed Force on the \n prevention of and response to hazing involving members \n of the Armed Forces in order to determine the \n effectiveness of such policies and procedures.\n (B) Data on the number of alleged and substantiated \n hazing incidents within each Armed Force that occurred \n that year, including the race, gender and Armed Force \n of the victim and offender, the nature of the hazing, \n and actions taken to resolve and address the hazing.\n (e) Comptroller General Report.--\n (1) Report required.--Not later than one year after the \n date of enactment of this Act, the Comptroller General of the \n United States shall submit to the designated congressional \n committees a report on the policies to prevent hazing and \n systems initiated to track incidents of hazing in each of the \n Armed Forces, including officer cadet schools, military \n academies, military academy preparatory schools, and basic \n training and professional schools for enlisted members.\n (2) Elements.--The report required by paragraph (1) shall \n include the following:\n (A) An evaluation of the definition of hazing \n developed under subsection (a).\n (B) A description of the criteria used, and the \n methods implemented, in the systems to track incidents \n of hazing in the Armed Forces.\n (C) An assessment of the following:\n (i) The scope of hazing in each Armed \n Force.\n (ii) The policies in place and the training \n on hazing provided to members throughout the \n course of their careers for each Armed Force.\n (iii) The actions taken to mitigate hazing \n incidents in each Armed Force.\n (iv) The effectiveness of the training and \n policies in place regarding hazing.\n (v) The number of alleged and substantiated \n incidents of hazing over the last five years \n for each Armed Force, the nature of these cases \n and actions taken to address such matters \n through non-judicial and judicial action.\n (D) An evaluation of the additional actions, if \n any, the Secretary of Defense and the Secretary of \n Homeland Security propose to take to further address \n the incidence of hazing in the Armed Forces.\n (E) Such recommendations as the Comptroller General \n considers appropriate for improving hazing prevention \n programs, policies, and other actions taken to address \n hazing within the Armed Forces.\n (f) Designated Congressional Committees Defined.--In this section, \nthe term ``designated congressional committees'' means--\n (1) the Committee on Armed Services, the Committee on \n Oversight and Government Reform, and the Committee on Commerce, \n Science and Transportation of the Senate; and\n (2) the Committee on Armed Services, the Committee on \n Oversight and Government Reform, and the Committee on \n Transportation and Infrastructure of the House of \n Representatives.","summary":"Directs the Secretary of Defense (DOD) (Secretary) to: (1) assess and develop a uniform definition of hazing, applicable to members of the Armed Forces (members), for inclusion in the Uniform Code of Military Justice (UCMJ). And (2) submit such definition to Congress. Expresses the sense of Congress that such definition should cover, at a minimum, any situation in which a member suffers or is exposed to any cruelty, indignity, humiliation, hardship, harm, harassment, or oppression, or the deprivation or abridgment of any right, by another member. Requires the Secretary to develop and implement a comprehensive policy on the prevention of and response to hazing involving members. Directs the Secretary and the Secretary of Homeland Security (DHS) to develop and implement a centralized, case-level database for the collection and maintenance of information regarding hazing, including incidents occurring at officer candidate schools, military academies and their preparatory schools, and basic training and professional schools for enlisted members. Requires such Secretaries to: (1) submit to Congress a plan to implement the database, and (2) complete implementation within 15 months after the enactment of this Act. Directs the Secretary to report to Congress: (1) a description of the current status of the Defense Incident-Based Reporting System, and (2) an explanation of how such System will relate to the database. Requires annual reports from each Secretary on the hazing incidents involving members. Directs the Comptroller General (GAO) to report to Congress on the policies to prevent hazing and the systems initiated to track incidents of hazing in each of the military departments.","title":"To prevent and respond to hazing incidents involving members of the Armed Forces, and for other purposes.","text_len":9649,"sum_len":1703} {"bill_id":"103_s655","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marine Navigation Safety Improvement \nAct of 1993''.\n\nSEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY ACCOUNT.\n\n Section 9505 of the Internal Revenue Code of 1986 (relating to the \nHarbor Maintenance Trust Fund) is amended--\n (1) in subsection (c)--\n (A) in paragraph (1), by inserting ``except as \n provided in paragraph (4)'', before ``to carry out'';\n (B) in paragraph (3), by striking the period at the \n end and inserting a comma; and\n (C) by adding at the end the following new \n paragraph:\n ``(4) to carry out subsections (a)(3) and (c) of section \n 210 of the Water Resources Development Act of 1986.''; and\n (2) by adding at the end the following new subsection:\n ``(e) Marine Navigation Safety Account.--\n ``(1) In general.--There is hereby established in the \n Harbor Maintenance Trust Fund a separate account to be known as \n the `Marine Navigation Safety Account', consisting of such \n amounts as may be transferred or credited to the account \n pursuant to this subsection or section 9602(b).\n ``(2) Transfers to account.--\n ``(A) 1991 and 1992.--Not later than 30 days after \n the date of the enactment of the Marine Navigation \n Safety Improvement Act of 1993, the Secretary shall \n transfer to the Marine Navigation Safety Account an \n amount not to exceed the sum of--\n ``(i) 8 percent of the amount of taxes \n received in the Treasury under section 4461 for \n the calendar years 1991 and 1992; and\n ``(ii) interest on the amount referred to \n in clause (i) for the calendar years 1991 and \n 1992, credited pursuant to section 9602(b)(3).\n ``(B) 1993 and each subsequent year.--For calendar \n year 1993, and for each calendar year thereafter, the \n Secretary shall transfer to the Marine Navigation \n Safety Account an amount equal to the sum of--\n ``(i) 8 percent of the amount of taxes \n received in the Treasury pursuant to section \n 4461; and\n ``(ii) interest on the amount referred to \n in clause (i) for the calendar year, credited \n pursuant to section 9602(b)(3).\n ``(3) Expenditures from account.--Amounts in the Marine \n Navigation Safety Account shall be available, as provided in \n appropriations Acts, to carry out the programs and activities \n of the National Oceanic and Atmospheric Administration of the \n Department of Commerce related to commercial marine navigation \n described in section 210(c) of the Water Resources Development \n Act of 1986.''.\n\nSEC. 3. AMENDMENT TO THE WATER RESOURCES DEVELOPMENT ACT OF 1986.\n\n Section 210 of the Water Resources Development Act of 1986 (33 \nU.S.C. 2238) is amended--\n (1) in subsection (a)--\n (A) by striking ``and'' at the end of paragraph \n (1);\n (B) by striking the period at the end of paragraph \n (2) and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(3) from the Marine Navigation Safety Account established \n under section 9505(e) of the Internal Revenue Code of 1986, to \n carry out the programs and activities of the National Oceanic \n and Atmospheric Administration of the Department of Commerce \n related to commercial marine navigation described in subsection \n (c).''; and\n (2) by adding at the end the following new subsection:\n ``(c) Commercial Marine Navigation.--The amounts authorized to be \nappropriated under subsection (a)(3) shall remain available until \nexpended, and shall--\n ``(1) be made available to the Secretary of Commerce to \n support, either directly or by contract, the nautical charting \n and marine navigational safety programs and such other \n activities of the National Oceanic and Atmospheric \n Administration related to commercial marine navigation as the \n Secretary determines to be appropriate, including--\n ``(A) the nautical charting program;\n ``(B) marine tides and circulation programs;\n ``(C) charting survey ship support; and\n ``(D) marine weather services applicable to \n commercial navigation safety in the waters of the \n United States; and\n ``(2) be used by the Secretary of Commerce, subject to the \n following conditions:\n ``(A)(i) Funds transferred to the Marine Navigation \n Safety Account pursuant to section 9505(e)(2)(A) of the \n Internal Revenue Code of 1986 shall be used only for \n the purposes of enabling, modernizing, enhancing, or \n expanding the capabilities of the National Oceanic and \n Atmospheric Administration to conduct the programs and \n activities referred to in paragraph (1).\n ``(ii) No portion of the funds referred to in \n clause (i) may be used to offset funds made available \n for the purposes referred to in clause (i) through \n appropriations to the Operations, Research, and \n Facilities account of the National Oceanic and \n Atmospheric Administration.\n ``(B)(i) Funds transferred to the Marine Navigation \n Safety Account pursuant to section 9505(e)(2)(B) of the \n Internal Revenue Code of 1986 may be used for the \n following purposes:\n ``(I) Conducting the operational aspects of \n the programs and activities referred to in \n paragraph (1).\n ``(II) Enabling, modernizing, enhancing, or \n expanding the capabilities of the National \n Oceanic and Atmospheric Administration to \n conduct the programs and activities referred to \n in paragraph (1).\n ``(ii) Not more than 50 percent of the funds \n referred to in clause (i) may be used to offset funds \n previously made available for the purposes referred to \n in clause (i) through appropriations to the Operations, \n Research and Facilities account of the National Oceanic \n and Atmospheric Administration.''.","summary":"Marine Navigation Safety Improvement Act of 1993 - Amends the Internal Revenue Code to establish within the Harbor Maintenance Trust Fund the Marine Navigation Safety Account. Funds such Account with transfers of specified amounts from the Harbor Maintenance Trust Fund. Directs that amounts in the Account be available to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce relating to nautical charting and marine navigational safety programs as specified.","title":"Marine Navigation Safety Improvement Act of 1993","text_len":7109,"sum_len":529} {"bill_id":"110_s1727","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teacher Tax Credit Act of 2007''.\n\nSEC. 2. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY \n SCHOOL TEACHERS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \n(relating to refundable credits) is amended--\n (1) by redesignating section 36 as section 37, and\n (2) by inserting after section 35 the following new \n section:\n\n``SEC. 36. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY \n SCHOOL TEACHERS.\n\n ``(a) Allowance of Credit.--In the case of an eligible teacher, \nthere shall be allowed as a credit against the tax imposed by this \nsubtitle for the taxable year, an amount equal to 50 percent of so much \nof the qualified elementary and secondary education expenses and \nqualified professional development expenses paid or incurred by such \neligible teacher during the taxable year as does not exceed $300.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Eligible teacher.--The term `eligible teacher' means \n an individual who is a kindergarten through grade 12 classroom \n teacher, instructor, counselor, aide, or principal in an \n elementary or secondary school on a full-time basis for an \n academic year ending during a taxable year.\n ``(2) Qualified elementary and secondary education \n expenses.--The term `qualified elementary and secondary \n education expenses' means expenses for books, supplies (other \n than nonathletic supplies for courses of instruction in health \n or physical education), computer equipment (including related \n software and services) and other equipment, and supplementary \n materials used by an eligible teacher in the classroom.\n ``(3) Qualified professional development expenses.--\n ``(A) In general.--The term `qualified professional \n development expenses' means expenses for tuition, fees, \n books, supplies, equipment, and transportation required \n for the enrollment or attendance of an individual in a \n qualified course of instruction.\n ``(B) Qualified course of instruction.--The term \n `qualified course of instruction' means a course of \n instruction which--\n ``(i) is--\n ``(I) directly related to the \n curriculum and academic subjects in \n which an eligible teacher provides \n instruction, or\n ``(II) designed to enhance the \n ability of an eligible teacher to \n understand and use State standards for \n the academic subjects in which such \n teacher provides instruction,\n ``(ii) may--\n ``(I) provide instruction in how to \n teach children with different learning \n styles, particularly children with \n disabilities and children with special \n learning needs (including children who \n are gifted and talented), or\n ``(II) provide instruction in how \n best to discipline children in the \n classroom and identify early and \n appropriate interventions to help \n children described in subclause (I) to \n learn,\n ``(iii) is tied to challenging State or \n local content standards and student performance \n standards.\n ``(iv) is tied to strategies and programs \n that demonstrate effectiveness in increasing \n student academic achievement and student \n performance, or substantially increasing the \n knowledge and teaching skills of an eligible \n teacher,\n ``(v) is of sufficient intensity and \n duration to have a positive and lasting impact \n on the performance of an eligible teacher in \n the classroom (which shall not include 1-day or \n short-term workshops and conferences), except \n that this clause shall not apply to an activity \n if such activity is 1 component described in a \n long-term comprehensive professional \n development plan established by an eligible \n teacher and the teacher's supervisor based upon \n an assessment of the needs of the teacher, the \n students of the teacher, and the local \n educational agency involved, and\n ``(vi) is part of a program of professional \n development which is approved and certified by \n the appropriate local educational agency as \n furthering the goals of the preceding clauses.\n ``(C) Local educational agency.--The term `local \n educational agency' has the meaning given such term by \n section 9101(26) of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801(26)), as in \n effect on the date of the enactment of this section.\n ``(4) Elementary or secondary school.--The term `elementary \n or secondary school' means any school which provides elementary \n education or secondary education (through grade 12), as \n determined under State law.\n ``(c) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter for any expense for which a credit is allowed under \nthis section.\n ``(d) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Clerical Amendment.--The table of sections for subpart C of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 36 and inserting after the item relating to section \n35 the following new items:\n\n``Sec. 36. Credit for education expenses of elementary and secondary \n school teachers.\n``Sec. 37. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.","summary":"Teacher Tax Credit Act of 2007 - Amends the Internal Revenue Code to allow elementary and secondary school (K-12) teachers a tax credit for 50 of their education expenses and their professional development expenses up to $300 in any taxable year.","title":"A bill to amend the Internal Revenue Code of 1986 to provide for a credit against income tax for certain educator expenses, and for other purposes.","text_len":7007,"sum_len":246} {"bill_id":"111_hr2535","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Blueprint for \nHealth Act of 2009''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Purpose.\nSec. 3. Establishment of a Blueprint for Health for disease prevention, \n health promotion, and education about and \n better management of chronic conditions.\nSec. 4. Strategic plan.\nSec. 5. Chronic care management programs.\nSec. 6. Incentives for prevention of chronic disease.\nSec. 7. Health information technology.\nSec. 8. Recommendations to Congress; annual report.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to establish a Blueprint for Health \nwhich is designed--\n (1) to create a national integrated medical home model of \n care that enhances primary care, encourages multidisciplinary \n coordination, and promotes disease prevention, health \n promotion, and education about and better management of chronic \n conditions;\n (2) to increase Americans' access to affordable, \n appropriate, high quality care through the use of the \n integrated medical home model; and\n (3) to reduce costs to the United States health care system \n through the application of such model.\n\nSEC. 3. ESTABLISHMENT OF A BLUEPRINT FOR HEALTH FOR DISEASE PREVENTION, \n HEALTH PROMOTION, AND EDUCATION ABOUT AND BETTER \n MANAGEMENT OF CHRONIC CONDITIONS.\n\n (a) In General.--The Secretary of Health and Human Services (in \nthis Act referred to as the ``Secretary'') shall create consistent with \nthis Act a program (in this Act referred to as the ``Blueprint for \nHealth'') that provides a national infrastructure for disease \nprevention, health promotion, and education about and better management \nof chronic conditions through the use of a nationwide integrated \nmedical home model of care (in this Act referred to as the ``integrated \nmedical home model of care'') in a manner that is designed to initiate, \ncoordinate, and evaluate measures for promoting health and preventing \ndisease in the United States.\n (b) Elements of Blueprint.--The Blueprint for Health shall include \nthe following elements:\n (1) Strategic plan.--A strategic plan described in section \n 4 for designing the integrated medical home model of care.\n (2) Chronic care management programs.--Chronic care \n management programs described in section 5.\n (3) Prevention incentives.--Incentives for the prevention \n of chronic disease described in section 6.\n (4) Assessment of hit initiatives.--A plan described in \n section 7 for the assessment of current health information \n technology initiatives.\n (c) Executive Committee.--\n (1) In general.--The Secretary shall convene an executive \n committee to advise the Secretary on the creation and \n implementation of the Blueprint for Health.\n (2) Composition.--The executive committee shall include \n representation from national and State medical, hospital, and \n pharmaceutical associations, consumer and patient advocacy \n groups, labor groups, employer and other purchasing groups, and \n the health insurance industry.\n\nSEC. 4. STRATEGIC PLAN.\n\n The Blueprint for Health shall include a strategic plan for \ndesigning the integrated medical home model of care that includes the \nfollowing:\n (1) Recommended elements of an integrated coordinated \n chronic care management model that incorporates the following:\n (A) Medical practices acting as medical homes in \n being primary caregivers in close coordination with \n other elements. The elements for such homes may be \n based on guidelines developed for such homes by the \n National Committee for Quality Assurance.\n (B) Early disease detection and risk \n stratification.\n (C) Community care teams that provide care support \n for medical homes and assist in coordinating care among \n medical homes, hospitals, prevention programs, \n multidisciplinary specialists, and others.\n (2) A plan for the formation of such community care teams \n that may include panel managers, public health prevention \n specialists, nurse coordinators, social workers, dieticians, \n community health workers, care coordinators, behavioral health \n specialists, and other patient support personnel.\n (3) Incentives for patient self management, community-based \n initiatives, and system and information technology reforms, \n intended for use by all providers and health plans, including \n Medicare, Medicaid, the Federal employees health benefits \n program, and other Federal programs.\n (4) A description of recommended prevention programs and a \n strategy for integrating them into the integrated medical home \n model of care.\n (5) A plan to ensure that chronically ill patients have a \n low level of cost sharing under the integrated medical home \n model of care.\n (6) Alignment of health care information technology \n initiatives with information technology needs.\n (7) Development and use of outcome and reporting measures \n designed to track the progress of patients meeting clinically \n recommended treatment goals.\n (8) A strategy for ensuring the broad support of the \n integrated medical home model of care by health insurers, \n hospitals, and health care professionals, including specialists \n and other physicians.\n (9) Recommendations for better integrating specialty care \n services into primary care practices to ensure care \n coordination and the use of best practices.\n (10) Recommendations for the consultation of providers \n experienced with the development and implementation of an \n integrated medical home model of care as this Act's care \n coordination model is developed.\n (11) A strategy for standardizing outcome and financial \n measures to ensure consistency among all health plans, \n including Medicare, Medicaid, the Federal employees health \n benefits program, and other Federal programs.\n\nSEC. 5. CHRONIC CARE MANAGEMENT PROGRAMS.\n\n The Secretary shall include in the Blueprint for Health chronic \ncare management programs which provide for at least the following:\n (1) Methods for identifying and enrolling chronically ill \n patients and for encouraging primary care physicians, \n specialists, hospitals, and others to participate in such \n programs.\n (2) Development of health risk appraisal or assessment for \n individuals enrolled under Medicare, Medicaid, or the Federal \n employees health benefits program.\n (3) A process for coordinating care among health \n professionals including multidisciplinary care teams and \n specialty care providers.\n (4) Methods for increasing communication among health care \n professionals and patients, including patient education, self-\n management, and follow up plans.\n (5) Process and outcome measures to provide performance \n feedback for health care professionals and information on the \n quality of care.\n (6) Payment methodologies to create financial incentives \n for patient participation and to allow primary care physicians \n to meet specific standards of a medical home program. Such \n financial incentives shall include--\n (A) enhanced payment to medical practices, such as \n a per member per month fee, based on standards for a \n medical home, such as the National Committee for \n Quality Assurance standards for a patient centered \n medical home;\n (B) payment for care support services, such as \n community care teams or other applicable approaches, \n across all insurers, including multi-payer private \n plans and Medicare, Medicaid, and other public plans; \n and\n (C) the support of a community based savings \n sharing and reinvestment model, such as an accountable \n care organization, which incorporates a balanced set of \n financial and quality incentives, such as the Institute \n for Healthcare Improvement's Triple Aims.\n\nSEC. 6. INCENTIVES FOR PREVENTION OF CHRONIC DISEASE.\n\n (a) In General.--The Secretary shall include in the Blueprint for \nHealth a plan to provide incentives to prevent chronic diseases, \nincluding investments in healthy and sustainable local and regional \nfood systems as well as the broader use of lifestyle changes, such as \nthrough diet, exercise, and smoking cessation in the schools, \ncommunities, and workplace.\n (b) Compilation of Effective Practices.--Based on recommendations \nset forth by the United States Preventive Services Task Force, the \nSecretary shall compile a list of effective practices that would serve \nas a basis for establishing programs to prevent chronic disease and \nthat could be included in the Blueprint for Health.\n (c) Recommendations.--The plan under subsection (a) may include the \nfollowing:\n (1) Grant opportunities and Federal tax credits for \n localities to conduct community assessment, intervention, and \n activation plans in which public health data are collected and \n analyzed to identify areas in greatest need of prevention and \n wellness programs.\n (2) Federal tax credits and incentive grants to local \n education agencies, businesses, local departments of public \n health, communities, hospitals, health care providers, and \n other entities so that they may adopt effective models of \n wellness shown to lower costs and improve health.\n (3) Incentives for individuals to take proactive \n preventative measures, including weight management and smoking \n cessation.\n (4) Federal tax credits and incentive grants to local \n education agencies, businesses, local departments of public \n health, communities, hospitals, health care providers and other \n entities to promote the development of healthy and sustainable \n local and regional food systems.\n\nSEC. 7. HEALTH INFORMATION TECHNOLOGY.\n\n (a) In General.--The Blueprint for Health shall promote the \neffective, efficient, national use of health care information \ntechnology initiatives.\n (b) Assessment.--As part of the Blueprint for Health, the Secretary \nshall commission an assessment to be presented to Congress not later \nthan two years after the date of the enactment of this Act that \nexamines the implementation of the health information technology \nprovisions enacted as part of the American Recovery and Reinvestment \nAct of 2009 (Public Law 111-5). This assessment shall evaluate the \nimplementation of such provisions as they apply to chronic care \nmanagement, and determine if further action is needed to ensure that \nthe funding provided in such Act under such provisions is used \neffectively and efficiently to help ensure the effective management of \nchronic disease.\n\nSEC. 8. RECOMMENDATIONS TO CONGRESS; ANNUAL REPORT.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary shall present to Congress \nrecommendations for legislation to implement the Blueprint for Health, \nincluding the establishment of programs designed to enhance primary \ncare, promote multidisciplinary care coordination, prevent disease, \nimprove quality, contain costs, more effectively manage chronic \nillness, and promote good health and prevention initiatives.\n (b) Annual Report.--The Secretary shall submit an annual report to \nCongress on the status of the implementation of the Blueprint for \nHealth.","summary":"Blueprint for Health Act of 2009 - Requires the Secretary of Health and Human Services (HHS) to create the Blueprint for Health program to provide a national infrastructure for disease prevention, health promotion, and education about, and better management of, chronic conditions. Sets forth elements to be included in the Blueprint, including: (1) a strategic plan for designing an integrated medical home model of care, (2) chronic management programs. (3) incentives for the prevention of chronic diseases, including investments in health and sustainable local and regional food systems. And (4) a plan for the assessment of current health information technology initiatives. Requires the Secretary to convene an executive committee to advise the Secretary on the creation and implementation of the Blueprint for Health. Requires the Blueprint for Health to promote the effective, efficient, national use of health care information technology initiatives. Directs the Secretary to commission an assessment that examines the implementation of the health information technology provisions of the American Recovery and Reinvestment Act of 2009. Requires the Secretary to recommend to Congress legislation to implement the Blueprint for Health, including the establishment of programs designed to enhance primary care, promote multidisciplinary care coordination, prevent disease, improve quality, contain costs, more effectively manage chronic illness, and promote good health and prevention initiatives.","title":"To establish a Blueprint for Health in order to create a comprehensive system of care incorporating medical homes to improve the delivery and affordability of health care through disease prevention, health promotion, and education about and better management of chronic conditions.","text_len":12433,"sum_len":1505} {"bill_id":"107_s2923","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Infertility Research Centers Act of \n2002''.\n\nSEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO \n INFERTILITY PREVENTION.\n\n Subpart 7 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285g et seq.) is amended by adding at the end the following \nnew section:\n\n``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION.\n\n ``(a) In General.--The Director of the Institute, after \nconsultation with the advisory council for the Institute, shall make \ngrants to, or enter into contracts with, public or nonprofit private \nentities for the development and operation of centers to conduct \nactivities for the purpose of improving methods of preventing \ninfertility.\n ``(b) Number of Centers.--In carrying out subsection (a), the \nDirector of the Institute shall, subject to the extent of amounts made \navailable in appropriations Acts, provide for the establishment of two \ncenters with respect to infertility prevention.\n ``(c) Use of Funds.--\n ``(1) In general.--Each center assisted under this section \n shall, in carrying out the purpose of the center involved--\n ``(A) conduct clinical and other applied research, \n including clinical trials of new or improved drugs and \n devices for the diagnosis and treatment of infertility \n in males and females;\n ``(B) develop protocols for training physicians, \n scientists, nurses, and other health and allied health \n professionals;\n ``(C) conduct training programs for such \n individuals;\n ``(D) develop model continuing education programs \n for such professionals; and\n ``(E) disseminate information to such professionals \n and the public.\n ``(2) Stipends.--A center may use funds provided under \n subsection (a) to provide stipends for health and allied health \n professionals enrolled in programs described in subparagraph \n (C) of paragraph (1), and to provide fees to individuals \n serving as subjects in clinical trials conducted under such \n paragraph.\n ``(d) Coordination.--The Director of the Institute shall, as \nappropriate, provide for the coordination of information among the \ncenters assisted under this section.\n ``(e) Facilities.--Each center assisted under subsection (a) shall \nuse the facilities of a single institution, or be formed from a \nconsortium of cooperating institutions, meeting such requirements as \nmay be prescribed by the Director of the Institute.\n ``(f) Period of Support.--Support of a center under subsection (a) \nmay be for a period not exceeding 5 years. Such period may be extended \nfor one or more additional periods not exceeding 5 years if the \noperations of such center have been reviewed by an appropriate \ntechnical and scientific peer review group established by the Director \nand if such group has recommended to the Director that such period \nshould be extended.\n ``(g) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $30,000,000 \nfor fiscal year 2003, and such sums as may be necessary for each of the \nfiscal years 2004 and 2005.''.\n\nSEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY \n PREVENTION.\n\n Part F of title IV of the Public Health Service Act (42 U.S.C. 287d \net seq.) is amended--\n (1) by redesignating the second section 487F (relating to \n the pediatric research loan repayment program) as section 487G; \n and\n (2) by inserting after section 487G (as so redesignated) \n the following section:\n\n``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO \n INFERTILITY PREVENTION.\n\n ``(a) Establishment.--The Secretary, in consultation with the \nDirector of the National Institute of Child Health and Human \nDevelopment, shall establish a program of entering into agreements with \nqualified health professionals (including graduate students) under \nwhich such health professionals agree to conduct research with respect \nto infertility prevention, in consideration of the Federal Government \nagreeing to repay, for each year of such service, not more than $20,000 \nof the principal and interest of the educational loans of such health \nprofessionals.\n ``(b) Application of Provisions.--The provisions of sections 338B, \n338C, and 338E shall apply to the program established in subsection (a) \nto the same extent and in the same manner as such provisions apply to \nthe National Health Service Corps Loan Repayment Program established in \nsubpart III of part D of title III.\n ``(c) Funding.--Amounts appropriated for carrying out this section \nshall remain available until the expiration of the second fiscal year \nbeginning after the fiscal year for which the amounts were \nappropriated.''.","summary":"Infertility Research Centers Act of 2002 - Amends the Public Health Service Act to mandate grants or contracts for two centers for improving methods of preventing infertility. Requires each center to: (1) conduct clinical and other applied research, (2) develop training protocols and conduct training, (3) develop model continuing education programs. And (4) disseminate information to professionals. Allows funds to be used for: (1) stipends for training program enrollees. And (2) fees to clinical trial subjects. Establishes a program of agreements with health professionals to conduct infertility prevention research in return for the Government repaying the professionals' educational loans.","title":"A bill to amend the Public Health Service Act to provide for the development and operation of centers to conduct research with respect to infertility prevention, and for other purposes.","text_len":5096,"sum_len":697} {"bill_id":"113_s2845","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southern Prairie Potholes National \nWildlife Refuge Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the area of the State of Iowa known as the Southern \n Prairie Potholes and consisting primarily of the Willow Creek \n watershed in Greene County offers exceptional potential for \n restoration into a bountiful native wildlife habitat area;\n (2) ongoing restoration and preservation of this wildlife \n habitat area will significantly enhance opportunities for \n outdoor recreation in this region, including waterfowl and \n upland hunting, wildlife viewing, and hiking;\n (3) the Southern Prairie Potholes area is located at the \n southwestern edge of the Des Moines Lobe left by glaciers \n 12,000 years ago;\n (4) the sloughs and grassland offer a substantial oasis of \n both wetland and grassland habitat at the southwestern boundary \n of the most heavily cropped region in Iowa;\n (5) because of the location of the Southern Prairie \n Potholes at the edge of the multistate and international region \n known as the Prairie Potholes Region, and along important \n migratory flyways, the restoration and preservation of the area \n is critical to providing wildlife habitat across the full \n extent of the Prairie Potholes Region;\n (6) this 23,500-acre area has for years been designated by \n the Prairie Pothole Joint Venture as a priority area for \n restoration and preservation because of the importance of the \n area to wildlife, facilitating gradual public land acquisition \n for habitat restoration;\n (7) the area already includes the 2,134-acre Dunbar Slough \n wetland complex of Federal and State land managed as popular \n wildlife and hunting areas serving Carroll, Greene, and Guthrie \n Counties and beyond;\n (8) national wildlife refuges increasingly follow a mosaic \n pattern with a core of publicly held land surrounded by \n privately held land also located within the refuge boundary;\n (9) private ownership and uses are not affected for private \n land within the designated boundaries of the refuge, but \n private landowners may be provided increased opportunities for \n partnering on conservation or restoration practices;\n (10) restoration and preservation of the Southern Prairie \n Potholes area will benefit hundreds of birds, mammals, \n butterflies, reptiles, and amphibians that have been classified \n as species of greatest conservation need, including the \n endangered Blanding's turtle;\n (11) restoration of grassland and wetland in the area will \n contribute to improved flood control and water quality \n downstream, as the Middle Raccoon River is the major water \n source for the Des Moines metropolitan region and other \n communities;\n (12) the Southern Prairie Potholes area offers unique \n recreational appeal because the area is adjacent to the \n existing Whiterock Conservancy, a 4,300-acre land trust \n dedicated to conserving and protecting the natural resources of \n Iowa and engaging the public with the landscape;\n (13) Whiterock Conservancy offers outdoor recreation and \n education and includes a major new Backcountry Trail complex;\n (14) the proximity of the Southern Prairie Potholes to the \n largest metropolitan area in Iowa adds to the ability of the \n area to provide natural resource experiences to a broad \n community; and\n (15) the area is already attracting cyclists, and that \n appeal will grow with ongoing development of the cross-country \n American Discovery Trail transecting the area.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Refuge.--The term ``Refuge'' means the Southern Prairie \n Potholes National Wildlife Refuge established under section 4.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. ESTABLISHMENT AND PURPOSE OF REFUGE.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish the Southern \n Prairie Potholes National Wildlife Refuge, consisting of \n approximately 23,500 acres of Federal land, water, and \n interests in land and water within the boundaries depicted on \n the map entitled ``Southern Prairie Potholes Project Area'' and \n dated August 26, 2014.\n (2) Boundary revisions.--The Secretary shall make such \n minor revisions of the boundaries of the Refuge as may be \n appropriate to carry out the purposes of the Refuge or to \n facilitate the acquisition of property within the Refuge.\n (3) Availability of map.--The Secretary shall keep the map \n referred to in paragraph (1) available for inspection in \n appropriate offices of the United States Fish and Wildlife \n Service.\n (b) Purposes.--The purposes of the Refuge are--\n (1) to enhance opportunities for outdoor recreation, \n including waterfowl and upland hunting, hiking, native habitat \n exploration, and wildlife viewing;\n (2) to provide for the restoration or preservation of \n Refuge land to native wetland and grassland habitats and \n landscapes;\n (3) to provide for the restoration and conservation of \n native plants and animal communities on suitable sites in the \n Southern Prairie Potholes area, including the protection of \n threatened and endangered species and the restoration of \n extirpated species;\n (4) to provide critical travel and nesting habitat for \n migratory birds;\n (5) to provide opportunities to private landowners to \n access technical or financial assistance for the voluntary \n restoration of the land of the private landowners for the \n benefit of fish and wildlife;\n (6) to provide for outdoor recreation, including hunting, \n hiking, paddling, and wildlife viewing to the public; and\n (7) to facilitate the education of the public, especially \n young people, about nature, the environment, and the \n conservation of the natural resources.\n (c) Effective Date.--\n (1) In general.--The establishment of the Refuge shall take \n effect on the date on which the Secretary publishes a notice \n that sufficient property has been acquired by the United States \n within the boundaries described in subsection (a)(1) to \n constitute an area that can be efficiently managed as a \n National Wildlife Refuge.\n (2) Publication.--The Secretary shall publish the notice \n described in paragraph (1) in the Federal Register and \n publications of local circulation in the vicinity of the area \n within the boundaries described in subsection (a)(1).\n\nSEC. 5. ADMINISTRATION OF REFUGE.\n\n (a) In General.--Subject to the purposes described in section 4(b), \nthe Secretary shall administer all land, water, and interests in land \nand water acquired under this Act in accordance with the National \nWildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et \nseq.).\n (b) Additional Authority.--The Secretary may use such additional \nstatutory authority as may be available for the conservation of fish \nand wildlife, and the provision of fish- and wildlife-oriented \nrecreational opportunities, as the Secretary considers appropriate to \ncarry out the purposes of this Act.\n (c) Priority Uses.--In providing opportunities for compatible fish- \nand wildlife-oriented recreation, the Secretary, in accordance with \nparagraphs (3) and (4) of section 4(a) of the National Wildlife Refuge \nSystem Administration Act of 1996 (16 U.S.C. 668dd(a)), shall ensure \nthat hunting, fishing, wildlife observation and photography, and \nenvironmental education and interpretation are the priority public uses \nof the Refuge.\n (d) Volunteers and Partnerships.--The Secretary shall encourage the \nuse of volunteers and facilitate partnerships among the United States \nFish and Wildlife Service, local communities, conservation \norganizations, and other non-Federal entities to promote public \nawareness, conservation, and priority uses of the resources of the \nRefuge.\n\nSEC. 6. ACQUISITION OF LAND AND WATER.\n\n (a) In General.--Subject to subsection (c) and the availability of \nappropriations, the Secretary may acquire up to 23,500 acres of land \nand water, or interests in land and water, within the boundaries of the \nRefuge as described in section 4(a)(1).\n (b) Inclusion in Refuge.--Any land, water, or interests acquired by \nthe Secretary under this section shall be part of the Refuge.\n (c) Manner of Acquisition.--All acquisition of land or water under \nthis section shall be made in a voluntary manner from willing sellers \nonly.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.","summary":"Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation. (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes. (3) provide for the restoration and conservation of native plants and animal communities, (4) provide critical travel and nesting habitat for migratory birds. (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife. And (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966. (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. And (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources.","title":"Southern Prairie Potholes National Wildlife Refuge Act","text_len":9351,"sum_len":1441} {"bill_id":"111_hr6246","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Energy Communities Development \nAct of 2010''.\n\nSEC. 2. RURAL ENERGY COMMUNITIES LOAN PROGRAM.\n\n (a) Authority.--The Secretary of Agriculture may make loans \npursuant to section 306(a)(1) of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 1926), to eligible communities for essential \ncommunity facilities (as such term is defined in section 3570.53 of \ntitle 7, Code of Federal Regulations or any successor regulation to \nsuch section), for any purpose described in subsection (c).\n (b) Eligible Communities.--For purposes of this section, an \neligible community--\n (1) is a city, town, or incorporated area that has a \n population of less than 20,000 individuals; and\n (2) has, during the period from January 1999 through \n December 2009, experienced net job growth in the energy sector \n of not less than 20 percent, as determined by the Bureau of the \n Census or a State agency that collects information on such \n growth.\n (c) Use of Loan Funds.--An eligible community may use funds \nprovided from a loan under this section for any of the following \npurposes:\n (1) Essential community facilities, including--\n (A) the conservation, development, use, and control \n of water;\n (B) the installation or improvement of drainage or \n waste disposal facilities;\n (C) transportation facilities; and\n (D) affordable housing (as determined by the \n Secretary).\n (2) Land acquisition for such facilities.\n (3) Municipal staff necessary to carry out projects for \n such facilities.\n (4) Updates to comprehensive plans or housing plans of the \n community.\n (d) Application.--To be eligible to receive a loan under this \nsection, an eligible community shall submit to the Secretary an \napplication at such time and in such manner as the Secretary shall \nrequire that contains, in addition to any other information the \nSecretary may require, the following information:\n (1) The identification of projects for which loan funds \n will be used.\n (2) A certification that loan funds will be used only for \n the purposes described in subsection (c).\n (3) Documentation demonstrating the legal capacity and \n financial ability of the community to repay the loan. Such \n documentation shall include--\n (A) evidence that the community has a dedicated \n source of revenue from any energy tax revenue it \n receives from the State;\n (B) an estimate of any energy tax revenue the \n community expects to receive during the 10-year period \n beginning on the first day of the first fiscal year \n that begins after the date funds from the loan are made \n available to the eligible community from the State \n office, if any, that distributes energy tax revenue to \n energy-producing communities; and\n (C) documentation of any non-Federal supplemental \n funds to be made available for essential community \n facilities to be funded with loan amounts received \n under this section.\n (e) Priority Treatment.--In approving applications for loans under \nthis section, the Secretary shall give priority to any applicant acting \non behalf of an eligible community, that--\n (1) has submitted to the Secretary completed plans or \n studies that identify specific infrastructure or capacity needs \n that will be addressed by projects funded with the loan amounts \n received under this section; or\n (2) demonstrates that projects funded with loan amounts \n received under this section will be carried out with regional \n cooperation with adjacent jurisdictions.\n (f) Loan Terms.--\n (1) Amount.--The principal amount of any loan under this \n section may not exceed the lesser of--\n (A) $20,000,000; or\n (B) 80 percent of the energy tax revenue that the \n applicant expects to receive during the period \n described in subsection (d)(2)(B).\n (2) Interest rate.--Interest rates on loans under this \n section shall be subject to the provisions of section 307(a)(4) \n of the Consolidated Farm and Rural Development Act (7 U.S.C. \n 1927(a)(4)) applicable to loans under sections 306(a)(1) and \n 310B of such Act (7 U.S.C. 1926(a) and 1932).\n (3) Term to maturity.--The period for repayment of loans \n under this section shall not be longer than 15 years.\n (g) Forgiveness.--If an applicant is unable to repay the full \nbalance of the loan it receives under this section because \ncircumstances beyond the control of the applicant prevented the \napplicant from collecting the amount of expected energy tax revenue \nspecified in the application submitted under subsection (c), the \nSecretary may forgive an amount that equals not more than 50 percent of \nthe remaining balance of such loan.\n (h) Report.--Each year, until the loan an eligible community \nreceives under this section is repaid, such community shall submit to \nthe Secretary of Agriculture a report. Each report shall contain a \ndescription of the progress made on each project or investment financed \nwith funds received from a loan under this section.\n (i) Appropriations.--For costs (as such term is defined under \nsection 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) \nof loans under this section, there are authorized to be appropriated an \naggregate of $75,000,000 for fiscal year 2011 and 2012.\n (j) Maximum Amount of Commitments.--The Secretary may not make \nloans under this section or enter into commitments to make such loans, \nthe total amount of which, exceeds $400,000,000.\n (k) Sunset.--The Secretary may not make or enter into a commitment \nto make a loan under this section after September 30, 2012.\n\nSEC. 3. WAIVER OF INCOME MAXIMUMS FOR SELECTED USDA RURAL DEVELOPMENT \n PROGRAMS.\n\n (a) Section 502 Loans.--For each of fiscal years 2011 through 2016, \nwith respect to an applicant for a direct loan or a guaranteed loan \nunder section 502 of the Housing Act of 1949 (42 U.S.C. 1472), who \nresides in an eligible community described in section 2(b)--\n (1) the Secretary shall waive any income limitations \n related to obtaining a loan under section 502 of such Act (42 \n U.S.C. 1472); and\n (2) the requirement related to eligibility of borrowers \n under section 502(h)(3) of such Act (42 U.S.C. 1472(h)(3)) \n shall not apply.\n (b) Site Loans; Multi-Family Housing Loans.--For each of fiscal \nyears 2011 through 2016, the following shall apply:\n (1) Section 524.--Any organization or tribe receiving a \n loan under section 524 of the Housing Act of 1949 (42 U.S.C. \n 1490d) shall waive any income limitations related to the \n occupancy of any housing built on any building site that is \n located in an eligible community described in section 2(b) of \n this Act and that is financed by such loan.\n (2) Section 538.--Any organization, State agency, \n subdivision thereof, Indian tribe, or private entity that \n receives a loan under section 538 of such Act (42 U.S.C. 1490p-\n 2) shall waive any income limitations related to the occupancy \n of any housing that is located in an eligible community \n described in section 2(b) of this Act and for which the \n development costs were funded by such a loan.","summary":"Rural Energy Communities Development Act of 2010 - Authorizes the Secretary of Agriculture (USDA) to make water and waste facility loans to an eligible city, town, or incorporated area with a population of less than 20,000 that has, from January 1999 through December 2009, experienced energy sector job growth of not less than 20. Makes such loans available for: (1) essential community facilities, including water conservation, waste disposal facilities, transportation facilities, and affordable housing, (2) land acquisition, (3) staff. And (4) comprehensive community or housing plan updates. Prohibits the Secretary from making or entering into a loan commitment after September 30, 2012. Directs the Secretary to waive income limitations for FY2011-FY2016 for certain: (1) rural housing loans, including Doug Bereuter single-family housing loan guarantees, (2) low- and moderate-income rural housing loans, and (3) multifamily rural rental housing loan guarantees.","title":"To provide for loans to rural energy-producing communities in the United States, and for other purposes.","text_len":7944,"sum_len":971} {"bill_id":"110_s2709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Crossing Deterrence Act of \n2008''.\n\nSEC. 2. EXPANSION OF OPERATION STREAMLINE.\n\n (a) In General.--Not later than December 31, 2009, the Secretary of \nHomeland Security, in Cooperation with the Attorney General, shall \nexpand Operation Streamline (the zero-tolerance prosecution policy for \nillegal entry and reentry) to all 20 border sectors.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated $500,000,000 for each of the fiscal years 2009 through \n2018 to carry out this section.\n\nSEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY.\n\n Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) \nis amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following:\n ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is \napprehended while entering, or attempting to enter, the United States \nat a time and place other than as designated by immigration offices--\n ``(1) in the case of a first violation of subsection (a), \n shall be sentenced to a term of imprisonment of not less than \n 10 days and not more than 364 days;\n ``(2) in the case of a second violation of subsection (a), \n shall be sentenced to a term of imprisonment of not less than \n 60 days and not more than 2 years; and\n ``(3) in the case of a third or subsequent violation of \n subsection (a), shall be sentenced to a term of imprisonment of \n not less than 90 days and not more than 3 years.''.\n\nSEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY.\n\n Section 276 (8 U.S.C. 1326) is amended to read as follows:\n\n``SEC. 276. REENTRY OF REMOVED ALIEN.\n\n ``(a) Reentry After Removal.--Any alien who has been denied \nadmission, excluded, deported, or removed, or who has departed the \nUnited States while an order of exclusion, deportation, or removal is \noutstanding, and subsequently enters, attempts to enter, crosses the \nborder to, attempts to cross the border to, or is at any time found in \nthe United States, shall be fined under title 18, United States Code, \nand imprisoned not less than 90 days and not more than 2 years.\n ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty \nprescribed under subsection (a), an alien described in that subsection \nwho was--\n ``(1) convicted for 3 or more misdemeanors or a felony \n before such removal or departure, shall be fined under title \n 18, United States Code, and imprisoned for not less than 1 year \n and not more than 10 years;\n ``(2) convicted for a felony before such removal or \n departure for which the alien was sentenced to a term of \n imprisonment of not less than 30 months, shall be fined under \n such title, and imprisoned for not less than 2 years and not \n more than 15 years;\n ``(3) convicted for a felony before such removal or \n departure for which the alien was sentenced to a term of \n imprisonment of not less than 60 months, shall be fined under \n such title and imprisoned for not less than 4 years and not \n more than 20 years;\n ``(4) convicted for 2 or more felonies before such removal \n or departure, shall be fined under such title and imprisoned \n for not less than 4 years and for not more than 20 years; or\n ``(5) convicted, before such removal or departure, for \n murder, rape, kidnapping, for a felony offense described in \n chapter 77 (relating to peonage and slavery) or 113B (relating \n to terrorism) of such title, shall be fined under such title \n and imprisoned for not less than 5 years and not more than 20 \n years.\n ``(c) Reentry After Repeated Removal.--Any alien who, after having \nbeen denied admission, excluded, deported, or removed 2 or more times, \nenters, attempts to enter, crosses the border to, attempts to cross the \nborder to, or is at any time found in the United States, shall be fined \nunder title 18, United States Code, and imprisoned for not less than 2 \nyears and not more than 10 years.\n ``(d) Proof of Prior Convictions.--The prior convictions described \nin subsection (b) are elements of the crimes described in that \nsubsection, and the penalties in that subsection shall apply only in \ncases in which the conviction or convictions that form the basis for \nthe additional penalty are--\n ``(1) alleged in the indictment or information; and\n ``(2) proven beyond a reasonable doubt at trial or admitted \n by the defendant.\n ``(e) Affirmative Defenses.--It shall be an affirmative defense to \na violation of this section that--\n ``(1) the alien had sought and received, before the alleged \n violation, the express consent of the Secretary of Homeland \n Security to reapply for admission into the United States;\n ``(2) with respect to an alien previously denied admission \n and removed, the alien--\n ``(A) was not required to obtain such advance \n consent under the Immigration and Nationality Act or \n under any prior Act; and\n ``(B) had complied with all other laws and \n regulations governing the alien's admission into the \n United States; or\n ``(3) at the time of the prior exclusion, deportation, \n removal, or denial of admission alleged in the violation, the \n alien--\n ``(A) was younger than 18 years of age; and\n ``(B) had not been convicted of a crime or \n adjudicated a delinquent minor by a court of the United \n States, or a court of a State or territory, for conduct \n that would constitute a felony if committed by an \n adult.\n ``(f) Limitation on Collateral Attack on Underlying Removal \nOrder.--In a criminal proceeding under this section, an alien may not \nchallenge the validity of any prior removal order concerning the alien \nunless the alien demonstrates by clear and convincing evidence that--\n ``(1) the alien exhausted all administrative remedies that \n may have been available to seek relief against the order;\n ``(2) the removal proceedings at which the order was issued \n improperly deprived the alien of the opportunity for judicial \n review; and\n ``(3) the entry of the order was fundamentally unfair.\n ``(g) Reentry of Alien Removed Before Completing Term of \nImprisonment.--Any alien removed pursuant to section 241(a)(4) who \nenters, attempts to enter, crosses the border to, attempts to cross the \nborder to, or is at any time found in, the United States shall be--\n ``(1) incarcerated for the remainder of the term of \n imprisonment, which was pending at the time of deportation \n without any reduction for parole or supervised release unless \n the alien affirmatively demonstrates that the Secretary of \n Homeland Security has expressly consented to the alien's \n reentry; and\n ``(2) subject to such other penalties relating to the \n reentry of removed aliens as may be available under this \n section or any other provision of law.\n ``(h) Limitation.--An individual who provides an alien with \nemergency humanitarian assistance, including emergency medical care and \nfood, or transports the alien to a location where such assistance can \nbe rendered without compensation or the expectation of compensation may \nnot be prosecuted for aiding and abetting a violation of this section \nbased on the provision of such humanitarian services .\n ``(i) Definitions.--In this section:\n ``(1) Felony.--The term `felony' means any criminal offense \n punishable by a term of imprisonment of more than 1 year under \n the laws of the United States, of any State, or of a foreign \n government.\n ``(2) Misdemeanor.--The term `misdemeanor' means any \n criminal offense punishable by a maximum term of imprisonment \n of not more than 1 year under the applicable laws of the United \n States, of any State, or of a foreign government.\n ``(3) Removal.--The term `removal' includes any denial of \n admission, exclusion, deportation, or removal, or any agreement \n by which an alien stipulates or agrees to exclusion, \n deportation, or removal.\n ``(4) State.--The term `State' means any of the several \n States of the United States, the District of Columbia, and any \n commonwealth, territory, or possession of the United States.''.\n\nSEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR \n INFRASTRUCTURE.\n\n Section 1361 of title 18, United States Code, is amended--\n (1) by striking ``Whoever'' and inserting the following:\n ``(a) In General.--Whoever''; and\n (2) by adding at the end the following:\n ``(b) Destruction of Border Barriers or Infrastructure.--Any alien \nwho damages or destroys fencing or infrastructure, such as cameras, \nsensors, and vehicle barriers, that has been installed along the \ninternational border of the United States by the United States \nGovernment shall be fined under this title and imprisoned for not less \nthan 5 years.''.\n ","summary":"Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline to all 20 border sectors. Authorizes appropriations. Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place. And (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States. Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of US government-installed border barriers or infrastructure.","title":"A bill to increase the criminal penalties for illegally reentering the United States and for other purposes.","text_len":10168,"sum_len":749} {"bill_id":"110_hr7144","text":"SECTION 1. NATIONAL BIOLOGICAL DATA CENTER.\n\n (a) In General.--The Secretary of the Interior, acting through the \nUnited States Geological Survey, shall--\n (1) establish a national biological data center (in this \n Act referred to as the ``center'') to collect nonhuman \n biological data and make such data available for public use; \n and\n (2) seek to enter into a contract with a small business for \n the purpose of managing the center.\n (b) Contract Term.--The contract under subsection (a) shall have a \nterm of 10 years.\n (c) Entity Selection.--\n (1) Competitive procedures.--The Secretary shall use \n competitive procedures (as defined in section 4(5) of the \n Office of Federal Procurement Policy Act (41 U.S.C. 403(5))) to \n enter into the contract under subsection (a).\n (2) Qualification requirements.--To qualify to participate \n in the competitive procedures under paragraph (1), a small \n business shall have--\n (A) no more than 500 employees;\n (B) demonstrated expertise in--\n (i) managing scientific and technical \n information;\n (ii) implementing scientific information \n projects;\n (iii) presenting scientific data in an \n objective manner; and\n (iv) managing interagency collaborations \n related to scientific and technical \n information;\n (C) demonstrated involvement with biodiversity \n information programs and the National Biological \n Information Infrastructure of the United States \n Geological Survey (through partnership or other form of \n collaboration); and\n (D) a demonstrated ability and willingness to \n partner with a research university and a national \n laboratory with expertise in biodiversity and \n computational sciences.\n (d) Leadership.--The head of the center shall be appointed by the \nSecretary, in consultation with the program director of the National \nBiological Information Infrastructure.\n (e) Duties of the National Biological Data Center.--The duties of \nthe center shall be determined by the Secretary and shall include, at a \nminimum, the following activities:\n (1) Collect nonhuman biological data from Federal, public, \n private, and nonprofit entities, including--\n (A) the National Biological Information \n Infrastructure; and\n (B) institutions and organizations that partner \n with the National Biological Information \n Infrastructure.\n (2) Develop partnerships with public and private entities \n that are nationally recognized for computational capabilities \n and computer capacity to allow the center to efficiently \n develop a digital network for the storage and retrieval of data \n collected under paragraph (1).\n (3) Develop partnerships with academic and scientific \n institutions in the United States to increase the quantity of \n data--\n (A) collected under paragraph (1); and\n (B) made available for public use under paragraph \n (4).\n (4) Subject to Federal statutes and regulations relating to \n the disclosure of information collected under paragraph (1), \n including statutes and regulations related to intellectual \n property and section 552 of title 5, United States Code, make \n available for use by Federal, State, and local governments and \n members of the public any federally funded data collected under \n paragraph (1).\n (5) Make the data described in paragraph (4) available--\n (A) through a single electronic search function; or\n (B) in any case in which such data is not \n electronically maintained, at a one location.\n (6) Organize and manage data collected under paragraph (1) \n in a manner that--\n (A) enables efficient and effective use of the data \n by the public;\n (B) presents the data in an objective manner; and\n (C) is consistent with efforts made by the National \n Biological Information Infrastructure to organize and \n manage nonhuman biological data for public use.\n (7) Prepare compilations that combine data from multiple \n data sets to improve the ease of use of such data sets by \n Federal, State, and local governments and by members of the \n public.\n (8) Conduct public awareness activities that promote the \n use of the data made available under paragraph (4) for purposes \n of encouraging--\n (A) economic development;\n (B) the development of public policy (including \n policy relating to land use, economic development, \n conservation, and preservation);\n (C) scientific research; and\n (D) science, technology, engineering, and \n mathematics education.\n (9) Hold an annual conference on nonhuman biological data \n collection for experts from Federal, State, and local \n governments and public and private entities for the purpose of \n providing advice to the head of the center related to improving \n the performance of the center.\n (10) Collect fees from State and local governments and \n members of the public for the use of--\n (A) compilations prepared under paragraph (7); and\n (B) other products produced by the center, except \n that the center may not collect a fee solely for \n accessing data collected by the center from another \n source.\n (f) Duties of Other Entities.--\n (1) In general.--Subject to Federal statutes and \n regulations relating to the disclosure of information collected \n under subsection (d)(1), including statutes and regulations \n related to intellectual property and section 552 of title 5, \n United States Code, any entity that collects or stores \n federally funded data on or after the end of the one-year \n period beginning on the date of enactment of this Act shall \n submit or make available such data to the center, in a form and \n manner described in standards published by the center, unless \n such data has been submitted to the National Biological \n Information Infrastructure.\n (2) National biological information infrastructure.--\n Subject to Federal statutes and regulations relating to the \n disclosure of information collected under subsection (d)(1), \n including statutes and regulations related to intellectual \n property and section 552 of title 5, United States Code, the \n National Biological Information Infrastructure shall submit or \n make available to the center, in a form and manner described in \n standards published by the center, all federally funded data \n that it stores or receives.\n (g) Availability of Fees.--Subject to appropriation, fees collected \nunder subsection (d)(10) shall remain available for use by the center \nfor activities under subsection (d).\n (h) Reports.--\n (1) Annual report to secretary.--Not later than January 1 \n of each year following the date of enactment of this Act, the \n head of the center shall submit to the Secretary of the \n Interior an annual report containing--\n (A) information on the activities of the center \n during the preceding fiscal year and the plans of the \n center for activities in the current fiscal year; and\n (B) such additional information as the Secretary \n may require.\n (2) Annual report to congress.--Not later than April 1 of \n each year following the date of enactment of this Act, the \n Secretary of the Interior shall submit to Congress an annual \n report on--\n (A) information on the activities of the center \n during the preceding fiscal year and the plans of the \n center for activities in the current fiscal year; and\n (B) the administration of the contract entered into \n under subsection (a).\n (i) Federally Funded Data Defined.--For purposes of this Act, the \nterm ``federally-funded data'' means nonhuman biological data that is \ncollected, maintained, or stored, in whole or in part, through the use \nof Federal funds.\n (j) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $8,000,000 per fiscal year. \nAmounts appropriated under this subsection shall remain available until \nexpended.","summary":"Directs the Secretary of the Interior, acting through the US Geological Survey, to: (1) establish a National Biological Data Center to collect nonhuman biological data and make such data available for public use. And (2) contract with a small business to manage the Center. Sets forth duties of the Center, including the collection of nonhuman biological data from federal, public, private, and nonprofit entities and the development of partnerships with public and private entities, academic and scientific institutions to allow the Center to develop a digital network for the storage and retrieval of nonhuman biological data.","title":"To provide for a national biological data center, and for other purposes.","text_len":9360,"sum_len":628} {"bill_id":"110_s2901","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Encouraging Mortgage Modifications \nAct of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) mortgage modifications often afford the best \n opportunity to avoid foreclosures and provide long term, \n sustainable solutions for American homeowners;\n (2) reaching mortgage modification agreements with \n homeowners has been unacceptably slow and foreclosure rates \n continue to rise, with the number of homeowners forced into \n foreclosure double the number who receive modifications or \n repayment plans;\n (3) servicers have an obligation to protect the interests \n of investors when determining whether to offer a modification \n or repayment plan;\n (4) the best course of action for the investor pool as a \n whole may disadvantage the interests of individual classes of \n investors;\n (5) servicers have expressed concern that investor classes \n that are disproportionately disadvantaged by a modification or \n repayment plan may seek to hold the servicer liable;\n (6) without liability protection, many servicers will not \n be willing to take on the risk associated with approving a \n mortgage modification or repayment plan, and instead, they will \n eventually pursue foreclosure even though foreclosure costs can \n equal 50 percent or more of mortgage value; and\n (7) the net present value of a modified mortgage loan will \n almost always exceed the amount recouped by allowing the home \n to go into foreclosure.\n\nSEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS \n OR WORKOUT PLANS.\n\n Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 \nU.S.C. 2605) is amended--\n (1) by redesignating subsections (i) and (j) as subsections \n (j) and (k), respectively; and\n (2) by inserting after subsection (h) the following:\n ``(i) Duty of Servicers Regarding Certain Loan Modifications or \nWorkout Plans.--\n ``(1) In general.--Notwithstanding any other provision of \n law, absent specific contractual provisions to the contrary, a \n servicer of pooled qualified residential mortgages--\n ``(A) owes any duty to determine if the net present \n value of the payments on the loan, as modified, is \n likely to be greater than the anticipated net recovery \n that would result from foreclosure to all investors and \n parties having a direct or indirect interest in the \n pooled loans or securitization vehicle, but not to any \n individual party or group of parties; and\n ``(B) acts in the best interests of all such \n investors and parties, if the servicer agrees to or \n implements a qualified loan modification or workout \n plan for a qualified residential mortgage, or if, and \n only if, such efforts are unsuccessful or infeasible, \n takes other reasonable loss mitigation actions, \n including accepting partial payments or short sale of \n the property; and\n ``(C) if the servicer acts in a manner consistent \n with the duty set forth in subparagraphs (A) and (B), \n shall not be liable under any law or regulation of the \n United States, any State or any political subdivision \n of any State, for entering into a qualified loan \n modification or workout plan in any action filed by or \n on behalf of any person--\n ``(i) based on the person's ownership of \n any interest in a residential mortgage, a pool \n of residential mortgage loans, or a \n securitization vehicle, that distributes \n payments out of the principal, interest, or \n other payment on loans in the pool;\n ``(ii) based on the person's obligation to \n make payments determined in reference to any \n loan or interest referred to in clause (i); or\n ``(iii) based on the person's obligation to \n insure any loan or any interest referred to in \n clause (i).\n ``(2) Definitions.--As used in this subsection--\n ``(A) the term `qualified loan modification or \n workout plan' means a contract, modification, or plan \n relating to a qualified residential mortgage loan \n consummated on or after January 1, 2004, with respect \n to which--\n ``(i) payment default on the loan or loans \n has occurred, is imminent, or is reasonably \n foreseeable;\n ``(ii) the dwelling securing the loan or \n loans is the primary residence of the owner;\n ``(iii) the servicer reasonably believes \n that the anticipated recovery under the loan \n modification or workout plan will exceed the \n anticipated recovery through foreclosure, on a \n net present value basis;\n ``(iv) the effective period runs for at \n least 5 years from the date of adoption of the \n plan, or until the borrower sells or refinances \n the property, if that occurs earlier; and\n ``(v) the borrower is not required to pay \n additional fees to the servicer;\n ``(B) the term `qualified residential mortgage' \n means a consumer credit transaction or loan that is \n secured by the consumer's principal dwelling;\n ``(C) the term `securitization vehicle' means a \n trust, corporation, partnership, limited liability \n entity, special purpose entity, or other structure that \n is the issuer, or is created by the issuer, of mortgage \n pass-through certificates, participation certificates, \n mortgage-backed securities, or other similar securities \n backed by a pool of assets that includes residential \n mortgage loans; and\n ``(D) the term `servicer'--\n ``(i) means the person responsible for \n servicing of a loan (including the person who \n makes or holds a loan, if such person also \n services the loan); and\n ``(ii) includes the entities listed in \n subparagraphs (A) and (B) of subsection (j)(2).\n ``(3) Effective period.--This subsection shall apply only \n with respect to qualified loan modification or workout plans \n initiated during the 6-month period beginning on the date of \n enactment of this subsection.\n ``(4) Rule of construction.--Nothing in this subsection may \n be construed to limit the ability of a servicer to enter into a \n loan modification or workout plan other than a qualified loan \n modification or workout plan covered by this subsection.''.","summary":"Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages. Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle. And (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible. Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties.","title":"A bill to encourage residential mortgage loan modifications and workout plans, and for other purposes.","text_len":7745,"sum_len":1094} {"bill_id":"107_hr1824","text":"SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN \n THE EXECUTIVE BRANCH.\n\n (a) Salary of the Vice President.--\n (1) In general.--Section 104 of title 3, United States \n Code, is amended--\n (A) by redesignating subsection (a) as subsection \n (a)(1) and subsection (b) as paragraph (2); and\n (B) by adding at the end the following:\n ``(b)(1)(A) Effective at the beginning of the first month in which \nany comparability payment becomes payable under section 5304 or 5304a \nof title 5 with respect to General Schedule employees within the \nDistrict of Columbia during any year, the per annum rate of salary of \nthe Vice President (exclusive of any previous adjustment under this \nsubsection) shall be adjusted by an amount, rounded to the nearest \nmultiple of $100 (or if midway between multiples of $100, to the next \nhighest multiple of $100) equal to the percentage of such per annum \nrate which corresponds to the percentage adjustment becoming so payable \nwith respect to General Schedule employees within the District of \nColumbia under such section 5304 or 5304a (as applicable).\n ``(B) If an adjustment under this subsection is scheduled to take \neffect on the same date as an adjustment under subsection (a), the \nadjustment under subsection (a) shall be made first.\n ``(2) The rate of salary of the Vice President, as adjusted under \nparagraph (1), shall for all purposes be treated as the rate of salary \nof the Vice President, except as otherwise provided in subsection (a), \nparagraph (1), or any other provision of law.\n ``(3) Nothing in this subsection shall be considered to permit or \nrequire the continuation of an adjustment under paragraph (1) after the \ncomparability payment (for General Schedule employees within the \nDistrict of Columbia) on which it was based has been terminated or \nsuperseded.''.\n (2) Conforming amendments.--Section 104 of title 3, United \n States Code, is amended--\n (A) in the second sentence of subsection (a)(1) (as \n so redesignated)--\n (i) by striking ``Subject to subsection \n (b),'' and inserting ``Subject to paragraph \n (2),''; and\n (ii) by inserting ``(exclusive of any \n previous adjustment under subsection (b))'' \n after ``the salary of the Vice President''; and\n (B) in subsection (a)(2) (as so redesignated), by \n striking ``subsection (a)'' and inserting ``paragraph \n (1)''.\n (b) Executive Schedule Pay Rates.--\n (1) In general.--Section 5318 of title 5, United States \n Code, is amended--\n (A) by redesignating subsection (a) as subsection \n (a)(1) and subsection (b) as paragraph (2); and\n (B) by adding at the end the following:\n ``(b)(1)(A) Effective at the beginning of the first applicable pay \nperiod commencing on or after the first day of the month in which any \ncomparability payment becomes payable under section 5304 or 5304a with \nrespect to General Schedule employees within the District of Columbia \nduring any year, the annual rate of pay for positions at each level of \nthe Executive Schedule (exclusive of any previous adjustment under this \nsubsection) shall be adjusted by an amount, rounded to the nearest \nmultiple of $100 (or if midway between multiples of $100, to the next \nhighest multiple of $100) equal to the percentage of such annual rate \nof pay which corresponds to the percentage adjustment becoming so \npayable with respect to General Schedule employees within the District \nof Columbia under such section 5304 or 5304a (as applicable).\n ``(B) If an adjustment under this subsection is scheduled to take \neffect on the same date as an adjustment under subsection (a), the \nadjustment under subsection (a) shall be made first.\n ``(2) An annual rate of pay, as adjusted under paragraph (1), shall \nfor all purposes be treated as the annual rate of pay for the positions \ninvolved, except as otherwise provided in subsection (a), paragraph \n(1), or any other provision of law.\n ``(3) Nothing in this subsection shall be considered to permit or \nrequire the continuation of an adjustment under paragraph (1) after the \ncomparability payment (for General Schedule employees within the \nDistrict of Columbia) on which it was based has been terminated or \nsuperseded.''.\n (2) Conforming amendments.--Section 5318 of title 5, United \n States Code, is amended--\n (A) in the first sentence of subsection (a)(1) (as \n so redesignated)--\n (i) by striking ``Subject to subsection \n (b),'' and inserting ``Subject to paragraph \n (2),''; and\n (ii) by inserting ``(exclusive of any \n previous adjustment under subsection (b))'' \n after ``Executive Schedule''; and\n (B) in subsection (a)(2) (as so redesignated), by \n striking ``subsection (a)'' and inserting ``paragraph \n (1)''.\n (c) Amendments Relating to Certain Limitation and Other \nProvisions.--\n (1) Provisions to be applied by excluding executive \n schedule comparability adjustment.--Sections 5303(f), \n 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States \n Code, are each amended by inserting ``, exclusive of any \n adjustment under section 5318(b)'' after ``Executive \n Schedule''.\n (2) Limitation on certain payments.--Section 5307(a) of \n title 5, United States Code, is amended by adding at the end \n the following:\n ``(3) In the case of an employee who is receiving basic pay under \nsection 5372, 5376, or 5383, paragraph (1) shall be applied by \nsubstituting `the annual rate of salary of the Vice President of the \nUnited States' for `the annual rate of basic pay payable for level I of \nthe Executive Schedule'. Regulations under subsection (c) may extend \nthe application of the preceding sentence to other equivalent \ncategories of employees.''.\n (3) References to level iv of the executive schedule.--\n Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) \n of title 5, United States Code, are each amended by striking \n ``level IV'' each place it appears and inserting ``level III''.\n\nSEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE \n JUDICIAL BRANCH.\n\n (a) Increase in Maximum Rates of Basic Pay Allowable.--\n (1) For positions covered by section 604(a)(5) of title 28, \n united states code.--Section 604(a)(5) of title 28, United \n States Code, is amended by striking ``by law'' and inserting \n ``by law (except that the rate of basic pay fixed under this \n paragraph for any such employee may not exceed the rate for \n level IV of the Executive Schedule)''.\n (2) For circuit executives.--Section 332(f)(1) of title 28, \n United States Code, is amended by striking ``level IV of the \n Executive Schedule under section 5315'' and inserting ``level \n III of the Executive Schedule under section 5314''.\n (3) For personnel of the administrative office of the \n united states courts.--\n (A) In general.--Section 3(a) of the Administrative \n Office of the United States Courts Personnel Act of \n 1990 (Public Law 101-474; 28 U.S.C. 602 note) is \n amended--\n (i) in paragraph (1), by striking ``level \n V'' and inserting ``level IV''; and\n (ii) in paragraph (10), by striking ``level \n IV'' and inserting ``level III''.\n (B) Provisions relating to certain additional \n positions.--Section 603 of title 28, United States \n Code, is amended by striking ``level IV of the \n Executive Schedule under section 5315'' and inserting \n ``level III of the Executive Schedule under section \n 5314''.\n (b) Salary of the Director of the Administrative Office of the \nUnited States Courts.--Section 603 of title 28, United States Code, is \namended by striking ``district'' and inserting ``circuit''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall be effective with respect to \npay periods beginning on or after the date of the enactment of this \nAct.","summary":"Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of the salary of the Vice President and the pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment becoming so payable to such General Schedule employees. Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to administrative law judges, certain senior-level employees, and individual senior executives. Increases: (1) the rate of basic pay payable for certain executive schedule positions. And (2) the highest rate of basic pay payable for the Senior Executive Service. Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the US Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit judge.","title":"To increase the rate of pay for certain offices and positions within the executive and judicial branches of the Government, respectively, and for other purposes.","text_len":8830,"sum_len":1002} {"bill_id":"114_hr3803","text":"S.\n\n Section 304 of the Congressional Budget Act of 1974 is amended to \nread as follows:\n\n ``permissible revisions of budget resolutions\n\n ``Sec. 304. At any time after the joint resolution on the budget \nfor a fiscal year has been enacted pursuant to section 301, and before \nthe end of such fiscal year, the two Houses and the President may enact \na joint resolution on the budget which revises or reaffirms the joint \nresolution on the budget for such fiscal year most recently enacted, \nand for purposes of the enforcement of the Congressional Budget Act of \n1974, the chairman of the Budget Committee of the House of \nRepresentatives or the Senate, as applicable, may adjust levels as \nneeded for the enforcement of the budget resolution.''.\n\nSEC. 6. LIMITATION ON THE CONTENT OF BUDGET RESOLUTIONS.\n\n Section 305 of the Congressional Budget Act of 1974 is amended by \nadding at the end the following new subsection:\n ``(e) Limitation on Contents.--(1) It shall not be in order in the \nHouse of Representatives or in the Senate to consider any joint \nresolution on the budget or any amendment thereto or conference report \nthereon that contains any matter referred to in paragraph (2).\n ``(2) Any joint resolution on the budget or any amendment thereto \nor conference report thereon that contains any matter not permitted in \nsection 301 (a) or (b) shall not be treated in the House of \nRepresentatives or the Senate as a budget resolution under subsection \n(a) or (b) or as a conference report on a budget resolution under \nsubsection (c) of this section.''.\n\nSEC. 7. DEEMING OF BUDGETARY AGGREGATES, ALLOCATIONS, AND \n RECONCILIATION INSTRUCTIONS IN THE HOUSE AND SENATE UPON \n VETO OF JOINT RESOLUTION ON THE BUDGET.\n\n (a) In General.--Title III of the Congressional Budget Act of 1974 \nis amended by adding after section 315 the following new section:\n\n ``automatic standing order upon veto of joint resolution on the budget\n\n ``Sec. 316. For purposes of congressional enforcement under titles \nIII and IV of this Act and the rules of the House and the Senate, the \njoint resolution shall be considered as enforceable upon enactment or \n15 days following presentment to the President, whichever occurs \nearlier.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by inserting after the item relating to section 315 the \nfollowing new item:\n\n``Sec. 316. Automatic standing order upon veto of joint resolution on \n the budget.''.\n\nSEC. 8. ADDITIONAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974 \n TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET.\n\n (a) Additional Amendments to the Congressional Budget and \nImpoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 304, \n305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget \nAct of 1974 (2 U.S.C. 621 et seq.) are amended by striking \n``concurrent'' each place it appears and inserting ``joint''.\n (B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the \nCongressional Budget Act of 1974 are amended by striking ``most \nrecently agreed to concurrent resolution on the budget'' each place it \noccurs and inserting ``most recently enacted joint resolution on the \nbudget''.\n (ii) The section heading of section 301 of such Act is amended by \nstriking ``annual adoption of concurrent resolution'' and inserting \n``joint resolutions''.\n (C) Sections 302, 303, 304, 310, and 311 of the Congressional \nBudget Act of 1974 are amended by striking ``agreed to'' each place it \nappears and by inserting ``enacted''.\n (2) The table of contents set forth in section 1(b) of the \nCongressional Budget and Impoundment Control Act of 1974 is amended--\n (A) in the item relating to section 301, by striking \n ``Annual adoption of concurrent resolution'' and inserting \n ``Joint resolutions''; and\n (B) by striking ``concurrent'' and inserting ``joint'' in \n the item relating to section 305.\n (b) Conforming Amendment.--Any side heading within any section of \ntitle III of the Congressional Budget and Impoundment Control Act of \n1974 is amended by striking ``Concurrent'' and inserting ``Joint'' and \nany center heading in any section of that title is amended by striking \n``concurrent'' and inserting ``joint''.\n\nSEC. 9. AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES TO \n EFFECTUATE JOINT BUDGET RESOLUTIONS.\n\n Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule \nX, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 \nof rule XXI of the Rules of the House of Representatives are amended by \nstriking ``concurrent'' each place it appears and inserting ``joint''.\n\nSEC. 10. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY \n DEFICIT CONTROL ACT OF 1985.\n\n Section 258C(b)(1) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking \n``concurrent'' and inserting ``joint''.","summary":"Legally Binding Budget Act of 2015 This bill amends the Congressional Budget Act of 1974 to replace the concurrent resolution on the budget required under current law with a legally binding joint resolution on the budget. At any time after the annual budget resolution has been enacted and before the end of the fiscal year, Congress and the President may enact a new budget resolution revising or reaffirming the most recently enacted budget resolution. The contents of a budget resolution are limited to material that is permitted by the Congressional Budget Act of 1974. For purposes of congressional budget enforcement and the rules of the House and the Senate, the budget resolution is enforceable upon the earlier of enactment or 15 days following presentment to the President.","title":"Legally Binding Budget Act of 2015","text_len":5160,"sum_len":783} {"bill_id":"114_hr2399","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wildlife and Hunting Heritage \nConservation Council Advisory Committee Act''.\n\nSEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY \n COMMITTEE.\n\n (a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C. \n661 et seq.) is amended by adding at the end the following:\n\n``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY \n COMMITTEE.\n\n ``(a) Establishment.--There is hereby established the Wildlife and \nHunting Heritage Conservation Council Advisory Committee (in this \nsection referred to as the `Advisory Committee') to advise the \nSecretaries of the Interior and Agriculture on wildlife and habitat \nconservation, hunting, and recreational shooting.\n ``(b) Duties of the Advisory Committee.--The Advisory Committee \nshall advise the Secretaries with regard to--\n ``(1) implementation of Executive Order No. 13443: \n Facilitation of Hunting Heritage and Wildlife Conservation, \n which directs Federal agencies `to facilitate the expansion and \n enhancement of hunting opportunities and the management of game \n species and their habitat';\n ``(2) policies or programs to conserve and restore \n wetlands, agricultural lands, grasslands, forest, and rangeland \n habitats;\n ``(3) policies or programs to promote opportunities and \n access to hunting and shooting sports on Federal lands;\n ``(4) policies or programs to recruit and retain new \n hunters and shooters;\n ``(5) policies or programs that increase public awareness \n of the importance of wildlife conservation and the social and \n economic benefits of recreational hunting and shooting; and\n ``(6) policies or programs that encourage coordination \n among the public, the hunting and shooting sports community, \n wildlife conservation groups, and States, tribes, and the \n Federal Government.\n ``(c) Membership.--\n ``(1) Appointment.--\n ``(A) In general.--The Advisory Committee shall \n consist of no more than 16 discretionary members and 7 \n ex officio members.\n ``(B) Ex officio members.--The ex officio members \n are--\n ``(i) the Director of the United States \n Fish and Wildlife Service or a designated \n representative of the Director;\n ``(ii) the Director of the Bureau of Land \n Management or a designated representative of \n the Director;\n ``(iii) the Director of the National Park \n Service or a designated representative of the \n Director;\n ``(iv) the Chief of the Forest Service or a \n designated representative of the Chief;\n ``(v) the Chief of the Natural Resources \n Conservation Service or a designated \n representative of the Chief;\n ``(vi) the Administrator of the Farm \n Service Agency or a designated representative \n of the Administrator; and\n ``(vii) the Executive Director of the \n Association of Fish and Wildlife Agencies.\n ``(C) Discretionary members.--The discretionary \n members shall be appointed jointly by the Secretaries \n from at least one of each of the following:\n ``(i) State fish and wildlife agencies.\n ``(ii) Game bird hunting organizations.\n ``(iii) Wildlife conservation \n organizations.\n ``(iv) Big game hunting organizations.\n ``(v) The tourism, outfitter, or guiding \n industry.\n ``(vi) The firearms or ammunition \n manufacturing industry.\n ``(vii) The hunting or shooting equipment \n retail industry.\n ``(viii) Tribal resource management \n organizations.\n ``(ix) The agriculture industry.\n ``(x) The ranching industry.\n ``(xi) Waterfowl hunting organizations.\n ``(D) Eligibility.--Prior to the appointment of the \n discretionary members, the Secretaries shall determine \n that all individuals nominated for appointment to the \n Advisory Committee, and the organization each \n individual represents, actively support and promote \n sustainable-use hunting, wildlife conservation, and \n recreational shooting.\n ``(2) Terms.--\n ``(A) In general.--Except as provided in \n subparagraph (B), members of the Advisory Committee \n shall be appointed for a term of 4 years. Members shall \n not be appointed for more than 3 consecutive or \n nonconsecutive terms.\n ``(B) Terms of initial appointees.--As designated \n by the Secretary at the time of appointment, of the \n members first appointed--\n ``(i) 6 members shall be appointed for a \n term of 4 years;\n ``(ii) 5 members shall be appointed for a \n term of 3 years; and\n ``(iii) 5 members shall be appointed for a \n term of 2 years.\n ``(3) Preservation of public advisory status.--No \n individual may be appointed as a discretionary member of the \n Advisory Committee while serving as an officer or employee of \n the Federal Government.\n ``(4) Vacancy and removal.--\n ``(A) In general.--Any vacancy on the Advisory \n Committee shall be filled in the manner in which the \n original appointment was made.\n ``(B) Removal.--Advisory Committee members shall \n serve at the discretion of the Secretaries and may be \n removed at any time for good cause.\n ``(5) Continuation of service.--Each appointed member may \n continue to serve after the expiration of the term of office to \n which such member was appointed until a successor has been \n appointed.\n ``(6) Chairperson.--The Chairperson of the Advisory \n Committee shall be appointed for a 3-year term by the \n Secretaries, jointly, from among the members of the Advisory \n Committee. An individual may not be appointed as Chairperson \n for more than 2 consecutive or nonconsecutive terms.\n ``(7) Pay and expenses.--Members of the Advisory Committee \n shall serve without pay for such service, but each member of \n the Advisory Committee may be reimbursed for travel and lodging \n incurred through attending meetings of the Advisory Committee \n approved subgroup meetings in the same amounts and under the \n same conditions as Federal employees (in accordance with \n section 5703 of title 5, United States Code).\n ``(8) Meetings.--\n ``(A) In general.--The Advisory Committee shall \n meet at the call of the Secretaries, the chairperson, \n or a majority of the members, but not less frequently \n than twice annually.\n ``(B) Open meetings.--Each meeting of the Advisory \n Committee shall be open to the public.\n ``(C) Prior notice of meetings.--Timely notice of \n each meeting of the Advisory Committee shall be \n published in the Federal Register and be submitted to \n trade publications and publications of general \n circulation.\n ``(D) Subgroups.--The Advisory Committee may \n establish such workgroups or subgroups as it deems \n necessary for the purpose of compiling information or \n conducting research. However, such workgroups may not \n conduct business without the direction of the Advisory \n Committee and must report in full to the Advisory \n Committee.\n ``(9) Quorum.--Nine members of the Advisory Committee shall \n constitute a quorum.\n ``(d) Expenses.--The expenses of the Advisory Committee that the \nSecretaries determine to be reasonable and appropriate shall be paid by \nthe Secretaries.\n ``(e) Administrative Support, Technical Services, and Advice.--A \ndesignated Federal Officer shall be jointly appointed by the \nSecretaries to provide to the Advisory Committee the administrative \nsupport, technical services, and advice that the Secretaries determine \nto be reasonable and appropriate.\n ``(f) Annual Report.--\n ``(1) Required.--Not later than September 30 of each year, \n the Advisory Committee shall submit a report to the \n Secretaries, the Committee on Natural Resources and the \n Committee on Agriculture of the House of Representatives, and \n the Committee on Energy and Natural Resources and the Committee \n on Agriculture, Nutrition, and Forestry of the Senate. If \n circumstances arise in which the Advisory Committee cannot meet \n the September 30 deadline in any year, the Secretaries shall \n advise the Chairpersons of each such Committee of the reasons \n for such delay and the date on which the submission of the \n report is anticipated.\n ``(2) Contents.--The report required by paragraph (1) shall \n describe--\n ``(A) the activities of the Advisory Committee \n during the preceding year;\n ``(B) the reports and recommendations made by the \n Advisory Committee to the Secretaries during the \n preceding year; and\n ``(C) an accounting of actions taken by the \n Secretaries as a result of the recommendations.\n ``(g) Federal Advisory Committee Act.--The Advisory Committee shall \nbe exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.\n (b) Continuance and Abolishment of Existing Wildlife and Hunting \nHeritage Conservation Council.--The Wildlife and Hunting Heritage \nConservation Council established pursuant to section 441 of the Revised \nStatutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of \n1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of \nthe Department of the Interior--\n (1) shall continue until the date of the first meeting of \n the Wildlife and Hunting Heritage Conservation Council \n established by the amendment made by subsection (a); and\n (2) is hereby abolished effective on that date.","summary":"Wildlife and Hunting Heritage Conservation Council Advisory Committee Act This bill amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Department of the Interior and the Department of Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. The Advisory Committee must advise the departments on policies or programs related to: implementing Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation. Conserving and restoring wetlands, agricultural lands, grasslands, forest, and rangeland habitats. Promoting opportunities for and access to hunting and shooting sports on federal lands, recruiting and retaining new hunters and shooters. Increasing public awareness of the importance of wildlife conservation and the benefits of recreational hunting and shooting. And encouraging coordination among the public, the hunting and shooting sports community, wildlife conservation groups, states, tribes, and the federal government. The bill also specifies requirements for membership, meetings, pay and expenses, administrative support, and annual reports to Congress. The Advisory Committee is exempt from the Federal Advisory Committee Act. The bill abolishes the existing Wildlife and Hunting Heritage Conservation Council, effective on the date of the first meeting of the Advisory Committee established by this bill.","title":"Wildlife and Hunting Heritage Conservation Council Advisory Committee Act","text_len":11440,"sum_len":1470} {"bill_id":"111_s376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Real Estate Mortgage Investment \nConduit Improvement Act of 2009''.\n\nSEC. 2. SPECIAL RULES FOR MODIFICATION OR DISPOSITION OF QUALIFIED \n MORTGAGES OR FORECLOSURE PROPERTY BY REAL ESTATE MORTGAGE \n INVESTMENT CONDUITS.\n\n (a) In General.--If a REMIC (as defined in section 860D(a) of the \nInternal Revenue Code of 1986) modifies or disposes of a troubled asset \nunder the Troubled Asset Relief Program established by the Secretary of \nthe Treasury under section 101(a) of the Emergency Economic \nStabilization Act of 2008 or under rules established by the Secretary \nunder section 3 of this Act--\n (1) such modification or disposition shall not be treated \n as a prohibited transaction under section 860F(a)(2) of such \n Code, and\n (2) for purposes of part IV of subchapter M of chapter 1 of \n such Code--\n (A) an interest in the REMIC shall not fail to be \n treated as a regular interest (as defined in section \n 860G(a)(1) of such Code) solely because of such \n modification or disposition, and\n (B) any proceeds resulting from such modification \n or disposition shall be treated as amounts received \n under qualified mortgages.\n (b) Termination of REMIC.--For purposes of the Internal Revenue \nCode of 1986, an entity which is a REMIC (as defined in section 860D(a) \nof the Internal Revenue Code of 1986) shall cease to be a REMIC if the \ninstruments governing the conduct of servicers or trustees with respect \nto qualified mortgages (as defined in section 860G(a)(3) of such Code) \nor foreclosure property (as defined in section 860G(a)(8) of such \nCode)--\n (1) prohibit or restrict (including restrictions on the \n type, number, percentage, or frequency of modifications or \n dispositions) such servicers or trustees from reasonably \n modifying or disposing of such qualified mortgages or such \n foreclosure property in order to participate in the Troubled \n Asset Relief Program established by the Secretary of the \n Treasury under section 101(a) of the Emergency Economic \n Stabilization Act of 2008 or under rules established by the \n Secretary under section 3 of this Act,\n (2) commit to a person other than the servicer or trustee \n the authority to prevent the reasonable modification or \n disposition of any such qualified mortgage or foreclosure \n property,\n (3) require a servicer or trustee to purchase qualified \n mortgages which are in default or as to which default is \n reasonably foreseeable for the purposes of reasonably modifying \n such mortgages or as a consequence of such reasonable \n modification, or\n (4) fail to provide that any duty a servicer or trustee \n owes when modifying or disposing of qualified mortgages or \n foreclosure property shall be to the trust in the aggregate and \n not to any individual or class of investors.\n (c) Effective Dates.--\n (1) Subsection (a).--Subsection (a) shall apply to \n modification and dispositions after the date of the enactment \n of this Act, in taxable years ending on or after such date.\n (2) Subsection (b).--\n (A) In general.--Except as provided in subparagraph \n (B), subsection (b) shall take effect on the date that \n is 3 months after the date of the enactment of this \n Act.\n (B) Exception.--The Secretary of the Treasury may \n waive the application of subsection (b) in whole or in \n part for any period of time with respect to any entity \n if--\n (i) the Secretary determines that such \n entity is unable to comply with the \n requirements of such subsection in a timely \n manner, or\n (ii) the Secretary determines that such \n waiver would further the purposes of this Act.\n\nSEC. 3. ESTABLISHMENT OF A HOME MORTGAGE LOAN RELIEF PROGRAM UNDER THE \n TROUBLED ASSET RELIEF PROGRAM AND RELATED AUTHORITIES.\n\n (a) Establishment.--Not later than 30 days after the date of \nenactment of this Act, the Secretary of the Treasury shall establish \nand implement a program under the Troubled Asset Relief Program and \nrelated authorities established under section 101(a) of the Emergency \nEconomic Stabilization Act of 2008 (12 U.S.C. 5211(a))--\n (1) to achieve appropriate broad-scale modifications or \n dispositions of troubled home mortgage loans; and\n (2) to achieve appropriate broad-scale dispositions of \n foreclosure property.\n (b) Rules.--The Secretary of the Treasury shall promulgate rules \ngoverning the--\n (1) reasonable modification of any home mortgage loan \n pursuant to the requirements of this Act; and\n (2) disposition of any such home mortgage loan or \n foreclosed property pursuant to the requirements of this Act.\n (c) Considerations.--In developing the rules required under \nsubsection (b), the Secretary of the Treasury shall take into \nconsideration--\n (1) the debt-to-income ratio, loan-to-value ratio, or \n payment history of the mortgagors of such home mortgage loans; \n and\n (2) any other factors consistent with the intent to \n streamline modifications of troubled home mortgage loans into \n sustainable home mortgage loans.\n (d) Use of Broad Authority.--The Secretary of the Treasury shall \nuse all available authorities to implement the home mortgage loan \nrelief program established under this section, including, as \nappropriate--\n (1) home mortgage loan purchases;\n (2) home mortgage loan guarantees;\n (3) making and funding commitments to purchase home \n mortgage loans or mortgage-backed securities;\n (4) buying down interest rates and principal on home \n mortgage loans;\n (5) principal forbearance; and\n (6) developing standard home mortgage loan modification and \n disposition protocols, which shall include ratifying that \n servicer action taken in anticipation of any necessary changes \n to the instruments governing the conduct of servicers or \n trustees with respect to qualified mortgages or foreclosure \n property are consistent with the Secretary of the Treasury's \n standard home mortgage loan modification and disposition \n protocols.\n (e) Payments Authorized.--The Secretary of the Treasury is \nauthorized to pay servicers for home mortgage loan modifications or \nother dispositions consistent with any rules established under \nsubsection (b).\n (f) Rule of Construction.--Any standard home mortgage loan \nmodification and disposition protocols developed by the Secretary of \nthe Treasury under this section shall be construed to constitute \nstandard industry practice.","summary":"Real Estate Mortgage Investment Conduit Improvement Act of 2009 - Establishes special rules for modification or disposition of a troubled asset under the Troubled Asset Relief Program (TARP) by real estate mortgage investment conduits (REMICs). Declares that: (1) such a modification or disposition shall not be treated as a prohibited transaction under the Internal Revenue Code. (2) an interest in the REMIC shall not fail to be treated as a regular interest solely because of such modification or disposition. And (3) any proceeds resulting from such modification or disposition shall be treated as amounts received under qualified mortgages. Specifies terms of the instruments governing the conduct of servicers or trustees with respect to qualified mortgages which shall terminates a REMIC. Directs the Secretary of the Treasury to establish and implement a home mortgage loan relief program under TARP.","title":"A bill to provide rules for the modification or disposition of certain assets by real estate mortgage investment conduits pursuant to division A of the Emergency Economic Stabilization Act of 2008, and for other purposes.","text_len":7298,"sum_len":908} {"bill_id":"109_hr2541","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Joe Testaverde Adult Stem Cell \nResearch Act of 2005''.\n\nSEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF \n NATIONAL INSTITUTES OF HEALTH REGARDING QUALIFYING ADULT \n STEM CELL RESEARCH.\n\n Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409J. QUALIFYING ADULT STEM CELL RESEARCH.\n\n ``(a) In General.--\n ``(1) Expansion of activities.--The Director of NIH shall \n expand, intensify, and coordinate the activities of the \n National Institutes of Health regarding qualifying adult stem \n cell research.\n ``(2) Collaboration among agencies.--The Director shall \n carry out this section in collaboration with any other agencies \n that the Director determines appropriate.\n ``(b) Centers of Excellence.--\n ``(1) In general.--In carrying out subsection (a)(1), the \n Director shall make awards of grants and contracts to public or \n nonprofit private entities to pay all or part of the cost of \n planning, establishing, improving, and providing basic \n operating support for centers of excellence regarding \n qualifying adult stem cell research.\n ``(2) Research.--Each center shall conduct basic and \n clinical research regarding qualifying adult stem cells. Such \n research should include investigations into the cause, \n diagnosis, early detection, prevention, control, and treatment \n of disease.\n ``(3) Services for patients.--\n ``(A) In general.--A center may expend amounts \n provided under paragraph (1) to carry out a program to \n make individuals aware of opportunities to participate \n as subjects in research conducted by the centers.\n ``(B) Referrals and costs.--A program under \n subparagraph (A) may, in accordance with such criteria \n as the Director may establish, provide to the subjects \n described in such subparagraph, referrals for health \n and other services, and such patient care costs as are \n required for research.\n ``(C) Availability and access.--The extent to which \n a center can demonstrate availability and access to \n clinical services shall be considered by the Director \n in decisions about awarding grants to applicants which \n meet the scientific criteria for funding under this \n section.\n ``(4) Coordination of centers; reports.--The Director \n shall, as appropriate, provide for the coordination of \n information among centers and ensure regular communication \n between such centers, and may require the periodic preparation \n of reports on the activities of the centers and the submission \n of the reports to the Director.\n ``(5) Organization of centers.--Each center shall use the \n facilities of a single institution, or be formed from a \n consortium of cooperating institutions, meeting such \n requirements as may be prescribed by the Director.\n ``(6) Number of centers; duration of support.--\n ``(A) In general.--The Director shall provide for \n the establishment of not less than five centers under \n paragraph (1).\n ``(B) Duration.--Support for a center may be \n provided under this section for a period of not to \n exceed 5 years. Such period may be extended for one or \n more additional periods not exceeding 5 years if the \n operations of such center have been reviewed by an \n appropriate technical and scientific peer review group \n established by the Director and if such group has \n recommended to the Director that such period should be \n extended.\n ``(c) Facilitation of Research.--In carrying out subsection (a)(1), \nthe Director shall provide for a program under which samples of tissues \nand genetic materials that are of use in qualifying adult stem cell \nresearch are donated, collected, preserved, and made available for such \nresearch. The program shall be carried out in accordance with accepted \nscientific and medical standards for the donation, collection, and \npreservation of such samples.\n ``(d) Public Input.--In carrying out subsection (a)(1), the \nDirector shall provide for means through which the public can obtain \ninformation on the existing and planned programs and activities of the \nNational Institutes of Health regarding qualifying adult stem cell \nresearch and through which the Director can receive comments from the \npublic regarding such programs and activities.\n ``(e) Definitions.--In this section:\n ``(1) The term `center' means a center of excellence under \n subsection (b)(1).\n ``(2) The term `Director' means the Director of NIH.\n ``(3) The term `qualifying adult stem cell' means a human \n stem cell obtained from a human placenta, umbilical cord blood, \n an organ or tissue of a living or deceased human being who has \n been born, or an organ or tissue of unborn human offspring who \n died of natural causes (such as spontaneous abortion).\n ``(f) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated such sums as may be necessary \nfor fiscal year 2006 and each subsequent fiscal year. Such \nauthorization of appropriations is in addition to any other \nauthorization of appropriations that is available for activities of the \nNational Institutes of Health regarding qualifying adult stem cell \nresearch.''.","summary":"Joe Testaverde Adult Stem Cell Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities regarding qualifying adult stem cell research. Defines qualifying adult stem cell to mean a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes . Requires the Director to award grants and contracts to plan, establish, improve, and provide basic operating support for no less than five centers of excellence regarding such research. Requires each center to conduct basic and clinical research, including investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. Allows a center to: (1) make individuals aware of opportunities to participate as subjects in research. And (2) provide referrals for health and other services. Requires the Director to provide for: (1) a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research. And (2) means through which the public can obtain information on NIH programs and activities related to such research and through which the Director can receive comments from the public.","title":"To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the activities of the National Institutes of Health regarding qualifying adult stem cell research, and for other purposes.","text_len":6003,"sum_len":1466} {"bill_id":"106_hr159","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Dream Tax Fairness Equity \nAct of 1997''.\n\nSEC. 2. REDUCTION OF MAXIMUM CAPITAL GAINS RATE FOR INDIVIDUALS TO 15 \n PERCENT WITH RESPECT TO ASSETS HELD FOR MORE THAN 3 \n YEARS.\n\n (a) In General.--Subsection (h) of section 1 of the Internal \nRevenue Code of 1986 (relating to tax imposed) is amended to read as \nfollows:\n ``(h) Maximum Capital Gains Rate.--\n ``(1) In general.--If a taxpayer has a net capital gain for \n any taxable year, then the tax imposed by this section shall \n not exceed the sum of--\n ``(A) a tax computed at the rates and in the same \n manner as if this subsection had not been enacted on \n the greater of--\n ``(i) taxable income reduced by the amount \n of the net capital gain, or\n ``(ii) the amount of taxable income taxed \n at a rate below 28 percent,\n ``(B) 15 percent of qualified 3-year capital gain \n (to the extent not taken into account under \n subparagraph (A)), and\n ``(C) 28 percent of the excess (if any) of taxable \n income over the amounts taken into account under \n subparagraphs (A) and (B).\n ``(2) Qualified 3-year capital gain.--For purposes of this \n subsection, the term `qualified 3-year capital gain' means the \n lesser of--\n ``(A) net long-term capital gain for the taxable \n year, determined by substituting `held for more than 3 \n years' for `held for more than 1 year' in paragraphs \n (3) and (4) of section 1222, or\n ``(B) net capital gain for such taxable year.\n ``(3) Coordination with investment income election.--For \n purposes of this subsection, the net capital gain for any \n taxable year shall be reduced (but not below zero) by the \n amount which the taxpayer elects to take into account as \n investment income for the taxable year under section \n 163(d)(4)(B)(iii).''\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 1997.\n\nSEC. 2. REPLACEMENT OF ESTATE AND GIFT TAX RATE SCHEDULES.\n\n (a) Estate Tax Rate Schedule Replaced by 15 and 28 Percent Tax \nRates.--\n (1) In general.--Subsection (b) of section 2001 of the \n Internal Revenue Code of 1986 (relating to imposition and rate \n of tax) is amended to read as follows:\n ``(b) Computation of Tax.--The amount imposed by this section shall \nbe--\n ``(1) 15 percent of all qualified 3-year capital gain \n (within the meaning of section 1(h)) included in the taxable \n estate, and\n ``(2) 28 percent of all capital gain (other than such \n qualified 3-year capital gain) included in the taxable estate,\ndetermined as if all property included in the taxable estate had been \nsold for its fair market value on the date of the decedent's death (or \nthe date applicable with respect to the valuation of such property \nunder section 2032, if any).''\n (2) Repeal of rate schedule.--Section 2001 of such Code is \n amended by striking subsection (c).\n (3) Conforming amendments.--Section 2001 of such Code is \n amended by striking subsections (d) and (e).\n (b) Reduction of Gift Tax.--Subsection (a) of section 2502 of such \nCode is amended to read as follows:\n ``(a) Computation of Tax.--The tax imposed by section 2501 for each \ncalendar year shall be--\n ``(1) 15 percent of all qualified 3-year capital gain (as \n defined in section 1(h)) contained in the taxable gifts made \n during such year, and\n ``(2) 28 percent of all capital gain (other than such \n qualified 3-year capital gain) contained in such taxable gifts,\ndetermined, with respect to each such gift, as if all property \ncontained in such gift had been sold by the grantor for its fair market \nvalue on the date of such gift.''\n (c) Unified Credit Against Estate and Gift Taxes.--\n (1) Unified credit against estate tax.--Subsection (a) of \n section 2010 of such Code (relating to unified credit against \n estate tax) is amended to read as follows:\n ``(a) Allowance of credit.--\n ``(1) General rule.--A credit of the amount determined \n under paragraph (2) shall be allowed to the estate of every \n decedent against the tax imposed by section 2001.\n ``(2) Amount of credit.--The amount determined under this \n paragraph is the amount equal to the sum of--\n ``(A) the tax imposed under section 2001(b)(2) (to \n the extent that such tax is imposed on so much of the \n imputed capital gains amount as does not exceed \n $600,000), and\n ``(B) the tax imposed under section 2001(b)(1) on \n the excess (if any) of--\n ``(i) so much of the imputed capital gains \n amount as does not exceed $600,000, over\n ``(ii) the portion of the imputed capital \n gains amount taken into account under \n subparagraph (A).\n ``(3) Imputed capital gains amount.--For purposes of this \n subsection, the term `imputed capital gains amount' means the \n aggregate amount to which the rates of section 2001(b) apply.\n ``(4) Coordination with unified credit used to reduce gift \n tax.--\n ``(A) In general.--The $600,000 amounts referred to \n in subparagraphs (A) and (B)(i) of paragraph (2) shall \n each be reduced by the cumulative gift tax credit \n amount.\n ``(B) Cumulative gift tax credit amount.--For \n purposes of this paragraph, the term `cumulative gift \n tax credit amount' means the sum of the capital gains \n gift amounts (as defined in section 2505(a)(3)) with \n respect to which a credit was allowed under section \n 2505 (relating to unified credit against gift tax), \n determined by not taking into account any gift included \n in the taxable estate.''\n (2) Unified credit against gift tax.--Subsection (a) of \n section 2505 of such Code (relating to unified credit against \n gift tax) is amended to read as follows:-\n ``(a) Allowance of Credit.--\n ``(1) General rule.--In the case of a citizen or resident \n of the United States, there shall be allowed as a credit \n against the tax imposed by section 2501 for each calendar year \n an amount equal to--\n ``(A) the amount determined under paragraph (2), \n reduced by--\n ``(B) the sum of the amounts allowable as a credit \n to the individual under this section for all preceding \n calendar periods with respect to gifts made before the \n gift tax change date, as determined under paragraph \n (4).\n ``(2) Amount.--The amount determined under this paragraph \n is the amount equal to the sum of--\n ``(A) the tax imposed under section 2502(a)(2) for \n the year on the capital gains gift amount, and\n ``(B) the tax imposed under section 2502(a)(1) for \n the year on the excess (if any) of--\n ``(i) the capital gains gift amount for the \n year, over\n ``(ii) the portion of such capital gains \n gift amount taken into account under \n subparagraph (A).\n ``(3) Capital gains gift amount.--For purposes of this \n subsection, the term `capital gains gift amount' means, for any \n year, the amount to which the rates of section 2502(b) apply \n with respect to such year, but not more than the excess (if \n any) of--\n ``(A) $600,000, over\n ``(B) the sum of the capital gains gift amounts for \n all preceding years (determined without taking into \n account any gift made before the date of the enactment \n of this paragraph).\n ``(4) Gifts made before gift tax change date.--\n ``(A) In general.--For purposes of paragraph \n (1)(B), the amount allowable as a credit to an \n individual under this section for a preceding calendar \n period with respect to any gift made before the gift \n tax change date shall be the amount which would have \n been allowable to the individual as a credit under this \n section with respect to such gift--\n ``(i) if this section and section 2001(b), \n as in effect on the day after the date of the \n enactment of this paragraph, had been in effect \n for the year of such gift and all preceding \n calendar periods, and\n ``(ii) without regard to the parenthetical \n contained in paragraph (3)(B).\n ``(B) Gift made before gift tax change date.--For \n purposes of this section, the term `gift made before \n gift tax change date' means a gift made before the date \n of the enactment of this paragraph (other than a gift \n taken into account under subsection (b)).''\n (3) Conforming amendment.--Subsection (b) of section 2502 \n of such Code is amended by adding at the end the following new \n flush sentence:\n``In connection with the gift tax imposed by this chapter for the \ncalendar year in which this sentence is enacted with respect to gifts \nmade on or after the date of such enactment, the term `preceding \ncalendar period' shall include the portion of such calendar year which \nprecedes such date of enactment.''\n (d) Estates of Nonresident Aliens.--\n (1) Rate change.--\n (A) In general.--Subsection (b) of section 2101 of \n such Code (relating to tax imposed on estates of \n nonresident aliens) is amended to read as follows:\n ``(b) Computation of Tax.--The tax imposed by this section shall be \nthe amount equal to the tax computed under section 2001(b) (determined \nas if section 2001 applied to the decedent).''\n (B) Conforming amendment.--Section 2101 of such \n Code is amended by striking subsection (c).\n (2) Credits against tax.--Section 2102 of such Code \n (relating to credits against estate tax for nonresidents not \n citizens) is amended by adding at the end the following new \n subsection:\n ``(d) Adjustment of Amounts To Reflect Unified Credit Changes.--The \nSecretary shall by regulation adjust the dollar amounts provided in \nthis section to reflect, in a proportionate manner, the changes made to \nsections 2010 and 2505 on the date of the enactment of this \nsubsection.''\n (e) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying on or after, and gifts made on or \nafter, the date of the enactment of this Act.\n\nSEC. 3. TAX ON TRUSTS WHEN GRANTOR DIES.\n\n (a) In General.--Subpart A of part I of subchapter J of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 646. ASSETS MARKED TO MARKET WHEN GRANTOR DIES.\n\n ``(a) In General.--For purposes of this title, on the death of any \nindividual who has contributed property to a trust--\n ``(1) the trust shall recognize gain or loss as if all \n property so contributed by the decedent which is contained in \n the trust were sold for its fair market value on the date of \n such death,\n ``(2) such gain or loss shall be taken into account for the \n taxable year of the trust in which such death occurs, and\n ``(3) proper adjustment shall be made in the amount of any \n gain or loss subsequently realized for gain or loss taken into \n account under paragraph (2).\n ``(b) Property Contributed by Partnership or Corporation.--For \npurposes of this section, the Secretary may by regulations provide that \nproperty contributed to a trust by a partnership or corporation shall \nbe treated as contributed by the individual having a greater than 50 \npercent interest in such partnership or owning more than 50 percent of \nthe stock of such corporation. For purposes of this subsection, rules \nsimilar to the rules of section 318 (relating to constructive ownership \nof stock) shall apply.\n ``(c) Proportionate Application.--If any property was contributed \nto a trust partially by the decedent and partially by another person, \nthe portion of such property so contributed by the decedent shall be \ntreated as a separate asset for purposes of this title and subsection \n(a) shall apply to such portion.\n ``(d) Coordination With Inclusion in Taxable Estate.--This section \nshall not apply to the portion of any trust which is included in the \ntaxable estate of any individual.''\n (b) Clerical Amendment.--The table of sections for subpart A of \npart I of subchapter J of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 646. Assets marked to market when \n grantor dies.''\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply with respect to \n decedents dying on or after the date of the enactment of this \n Act.\n (2) Trusts containing property contributed by decedents \n dying before date of enactment.--For purposes of section 646 of \n the Internal Revenue Code of 1986 (as added by subsection (b)), \n any individual dying before the date of the enactment of this \n Act shall be treated as dying on the date of the enactment of \n this Act.","summary":"American Dream Tax Fairness Equity Act of 1997 - Amends the Internal Revenue Code to reduce the three-year capital gains rate to 15 percent. Revises provisions regulating the computation of estate and gift taxes and credits, basing the taxes and credits on capital gains. Requires a trust, on the death of any individual who contributed property to the trust, to recognize gain or loss as if that property was sold for its fair market value on the death date. Provides for the treatment of contributions by partnerships or corporations.","title":"American Dream Tax Fairness Equity Act of 1997","text_len":14681,"sum_len":536} {"bill_id":"109_s684","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Liquefied Natural Gas Safety and \nSecurity Act of 2005''.\n\nSEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES.\n\n Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by \nadding at the end the following:\n ``(d)(1) Before issuing an order authorizing an applicant to site, \nconstruct, expand, or operate a liquefied natural gas import facility, \nthe Commission shall require the applicant, in cooperation with the \nCommandant of the Coast Guard and State and local agencies that provide \nfor the safety and security of the liquefied natural gas import \nfacility and any vessels that serve the facility, to develop a cost-\nsharing plan.\n ``(2) A cost-sharing plan developed under paragraph (1) shall \ninclude a description of any direct cost reimbursements that the \napplicant agrees to provide to any State and local agencies with \nresponsibility for security and safety--\n ``(A) at the liquefied natural gas import facility; and\n ``(B) in proximity to vessels that serve the facility.\n ``(e)(1) In this subsection, the term `region' means a census \nregion designated by the Bureau of the Census as of the date of \nenactment of this subsection.\n ``(2) Not later than 90 days after the date of enactment of this \nsubsection and annually thereafter, the Commission shall--\n ``(A) review all applications for the siting, construction, \n expansion, or operation of a liquefied natural gas import \n facility in a region that are pending with the Commission;\n ``(B) consult with States in the region to identify remote \n sites for the development of potential liquefied natural gas \n import facilities in the region; and\n ``(C) in collaboration with the Commandant of the Coast \n Guard, review--\n ``(i) any offshore liquefied natural gas projects \n proposed for a region; and\n ``(ii) other potential offshore sites for the \n development of liquefied natural gas.\n ``(3) Based on the reviews and consultations under paragraph (1), \nthe Commission shall determine--\n ``(A) whether liquefied natural gas import facilities are \n needed in a region; and\n ``(B) if the Commission determines under subparagraph (A) \n that liquefied natural gas import facilities are needed for a \n region, the number of liquefied natural gas import facilities \n that are needed for the region.\n ``(4) The Commission shall cooperate with the Commandant of the \nCoast Guard and States to ensure that--\n ``(A) the Commission approves only the number of liquefied \n natural gas import facilities that are needed for a region, as \n determined under paragraph (3)(B); and\n ``(B) any liquefied natural gas import facilities approved \n under subparagraph (A) are sited in locations that provide \n maximum safety and security to the public.\n ``(f)(1) Notwithstanding any other provision of law, the Commission \nshall not issue a final environmental impact statement or similar \nanalysis required under the National Environmental Policy Act of 1969 \n(42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural \ngas facility before the date on which--\n ``(A) the applicant completes--\n ``(i) a security assessment for the proposed \n facility; and\n ``(ii) a security plan for the proposed facility; \n and\n ``(B) the Commandant of the Coast Guard completes an \n incident action plan that identifies the resources needed to \n support appropriate air, land, and sea security measures during \n the transit and offload of a liquefied natural gas vessel.\n ``(2) The Commission shall incorporate into the final environmental \nimpact statement or similar analysis the non-security sensitive \ncomponents of the incident action plan and all other safety and \nsecurity resource requirements identified by the Commandant of the \nCoast Guard for a proposed liquefied natural gas import facility.\n ``(g)(1) For purposes of reviewing and approving or disapproving an \napplication to site, construct, or operate a liquefied natural gas \nimport facility, the Commission shall--\n ``(A) consult with the State in which the facility is \n proposed to be located; and\n ``(B) comply with all applicable Federal laws, including--\n ``(i) the National Historic Preservation Act (16 \n U.S.C. 470 et seq.);\n ``(ii) the Coastal Zone Management Act of 1972 (16 \n U.S.C. 1451 et seq.);\n ``(iii) sections 401 and 402(b) of the Federal \n Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); \n and\n ``(iv) sections 107, 111(c), and 116 of the Clean \n Air Act (42 U.S.C. 7401, 7411(c), 7416).\n ``(2) Nothing in this section precludes or denies the right of any \nState to review an application to site, construct, or operate a \nliquefied natural gas import facility under--\n ``(A) the National Historic Preservation Act (16 U.S.C. 470 \n et seq.);\n ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. \n 1451 et seq.);\n ``(C) sections 401 and 402(b) of the Federal Water \n Pollution Control Act (33 U.S.C. 1341, 1342(b)); and\n ``(D) sections 107, 111(c), and 116 of the Clean Air Act \n (42 U.S.C. 7401, 7411(c), 7416).\n ``(3) Notwithstanding any other provision of law, the Commission \nshall have no authority to preempt a State permitting determination \nwith respect to a liquefied natural gas import facility that is made \nunder Federal or State law.''.\n\nSEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.\n\n Section 60103 of title 49, United States Code, is amended--\n (1) by redesignating subsections (e), (f), and (g) as \n subsections (f), (g), and (h), respectively; and\n (2) by inserting after subsection (d) the following:\n ``(e) Remote Siting Standards.--Not later than 180 days after the \ndate of enactment of this Act, the Secretary shall promulgate \nregulations establishing standards to promote the remote siting of \nliquefied natural gas pipeline facilities.''.\n\nSEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES.\n\n As soon as practicable after the date of enactment of this Act, the \nCommandant of the Coast Guard shall issue regulations establishing \nthermal and vapor dispersion exclusion zone requirements for vessels \ntransporting liquefied natural gas that are based on sections 193.2057 \nand 193.2059 of title 49, Code of Federal Regulations (or any successor \nregulations).","summary":"Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region. And (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.","title":"A bill to amend the Natural Gas Act to provide additional requirements for the siting, construction, or operation of liquefied natural gas import facilities.","text_len":6916,"sum_len":1450} {"bill_id":"114_s2179","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veteran Care Agreements Rule \nEnhancement Act'' or the ``Veteran CARE Act''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is--\n (1) to maintain the access of veterans to high-quality \n hospital care, medical services, and extended care if that care \n is not available directly from the Department of Veterans \n Affairs;\n (2) to continue to allow the use by the Department of \n agreements covered by the Federal Acquisition Regulation and \n agreements that are not covered by such regulation, similar to \n those agreements used under the original Medicare fee-for-\n service program (Medicare Parts A and B), if it is not \n practicable to contract for the care needed by veterans through \n an agreement covered by such regulation;\n (3) to address the fact that individual health care \n providers, especially smaller providers in rural areas, may not \n be willing to accept veterans as patients when doing so would \n require the significant time and administrative requirements in \n connection with entering into agreements with the Department \n that are covered by such regulation;\n (4) to address the deficiencies in current law regarding \n agreements entered into by the Department that have raised \n legal issues; and\n (5) to ensure that agreements that are not covered by such \n regulation include robust terms and conditions that address the \n quality of health care for veterans, oversight of the provision \n of such health care, and protections for taxpayers.\n\nSEC. 3. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF VETERANS \n AFFAIRS AND NON-DEPARTMENT HEALTH CARE PROVIDERS.\n\n (a) In General.--Subchapter I of chapter 17 of title 38, United \nStates Code, is amended by adding after section 1703 the following new \nsection:\n``Sec. 1703A. Veterans Care Agreements with certain health care \n providers\n ``(a) Agreements To Furnish Care.--(1) If the Secretary is not \nfeasibly able to furnish hospital care, medical services, or extended \ncare under this chapter at facilities of the Department or under \ncontracts or sharing agreements entered into under authorities other \nthan this section, the Secretary may furnish such care and services by \nentering into agreements under this section with eligible providers \nthat are certified under subsection (c). An agreement entered into \nunder this section may be referred to as a `Veterans Care Agreement'.\n ``(2) The Secretary is not feasibly able to furnish care or \nservices as described in paragraph (1) if the Secretary determines that \nthe medical condition of the veteran, the travel involved, the nature \nof the care or services required, or a combination of those factors \nmake the use of facilities of the Department, contracts, or sharing \nagreements impracticable or inadvisable.\n ``(3) Eligibility of a veteran under this section for the care or \nservices described in paragraph (1) shall be determined as if such care \nor services were furnished in a facility of the Department and \nprovisions of this title applicable to veterans receiving such care or \nservices in a facility of the Department shall apply to veterans \nreceiving such care or services under this section.\n ``(b) Eligible Providers.--For purposes of this section, an \neligible provider is one of the following:\n ``(1) A provider of services that has enrolled and entered \n into a provider agreement under section 1866(a) of the Social \n Security Act (42 U.S.C. 1395cc(a)).\n ``(2) A physician or supplier that has enrolled and entered \n into a participation agreement under section 1842(h) of such \n Act (42 U.S.C. 1395u(h)).\n ``(3) A provider of items and services receiving payment \n under a State plan under title XIX of such Act (42 U.S.C. 1396 \n et seq.) or a waiver of such a plan.\n ``(4) A provider that is--\n ``(A) an Aging and Disability Resource Center, an \n area agency on aging, or a State agency (as defined in \n section 102 of the Older Americans Act of 1965 (42 \n U.S.C. 3002)); or\n ``(B) a center for independent living (as defined \n in section 702 of the Rehabilitation Act of 1973 (29 \n U.S.C. 796a)).\n ``(5) Such other health care providers as the Secretary \n considers appropriate for purposes of this section.\n ``(c) Certification of Eligible Providers.--(1) The Secretary shall \nestablish a process for the certification of eligible providers under \nthis section that shall, at a minimum, set forth the following:\n ``(A) Procedures for the submittal of applications for \n certification and deadlines for actions taken by the Secretary \n with respect to such applications.\n ``(B) Standards and procedures for approval and denial of \n certification, duration of certification, revocation of \n certification, and recertification.\n ``(C) Procedures for assessing eligible providers based on \n the risk of fraud, waste, and abuse of such providers similar \n to the level of screening under section 1866(j)(2)(B) of the \n Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and the \n standards set forth under section 9.104 of title 48, Code of \n Federal Regulations, or any successor regulation.\n ``(2) The Secretary shall deny or revoke certification to an \neligible provider under this subsection if the Secretary determines \nthat the eligible provider is currently--\n ``(A) excluded from participation in a Federal health care \n program (as defined in section 1128B(f) of the Social Security \n Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the \n Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or\n ``(B) identified as an excluded source on the list \n maintained in the System for Award Management, or any successor \n system.\n ``(d) Terms of Agreements.--Each agreement entered into with an \neligible provider under this section shall include provisions requiring \nthe eligible provider to do the following:\n ``(1) To accept payment for care and services furnished \n under this section at rates established by the Secretary for \n purposes of this section, which shall be, to the extent \n practicable, the rates paid by the United States for such care \n and services to providers of services and suppliers under the \n Medicare program under title XVIII of the Social Security Act \n (42 U.S.C. 1395 et seq.).\n ``(2) To accept payment under paragraph (1) as payment in \n full for care and services furnished under this section and to \n not seek any payment for such care and services from the \n recipient of such care and services.\n ``(3) To furnish under this section only the care and \n services authorized by the Department under this section unless \n the eligible provider receives prior written consent from the \n Department to furnish care or services outside the scope of \n such authorization.\n ``(4) To bill the Department for care and services \n furnished under this section in accordance with a methodology \n established by the Secretary for purposes of this section.\n ``(5) Not to seek to recover or collect from a health-plan \n contract or third party, as those terms are defined in section \n 1729 of this title, for any care or services for which payment \n is made by the Department under this section.\n ``(6) To provide medical records for veterans furnished \n care or services under this section to the Department in a \n timeframe and format specified by the Secretary for purposes of \n this section.\n ``(7) To meet such other terms and conditions, including \n quality of care assurance standards, as the Secretary may \n specify for purposes of this section.\n ``(e) Termination of Agreements.--(1) An eligible provider may \nterminate an agreement with the Secretary under this section at such \ntime and upon such notice to the Secretary as the Secretary may specify \nfor purposes of this section.\n ``(2) The Secretary may terminate an agreement with an eligible \nprovider under this section at such time and upon such notice to the \neligible provider as the Secretary may specify for purposes of this \nsection, if the Secretary--\n ``(A) determines that the eligible provider failed to \n comply substantially with the provisions of the agreement or \n with the provisions of this section and the regulations \n prescribed thereunder;\n ``(B) determines that the eligible provider is--\n ``(i) excluded from participation in a Federal \n health care program (as defined in section 1128B(f) of \n the Social Security Act (42 U.S.C. 1320a-7b(f))) under \n section 1128 or 1128A of the Social Security Act (42 \n U.S.C. 1320a-7 and 1320a-7a); or\n ``(ii) identified as an excluded source on the list \n maintained in the System for Award Management, or any \n successor system;\n ``(C) ascertains that the eligible provider has been \n convicted of a felony or other serious offense under Federal or \n State law and determines that the continued participation of \n the eligible provider would be detrimental to the best \n interests of veterans or the Department; or\n ``(D) determines that it is reasonable to terminate the \n agreement based on the health care needs of a veteran or \n veterans.\n ``(f) Periodic Review of Certain Agreements.--(1) Not less \nfrequently than once every two years, the Secretary shall review each \nVeterans Care Agreement of material size entered into during the two-\nyear period preceding the review to determine whether it is feasible \nand advisable to furnish the hospital care, medical services, or \nextended care furnished under such agreement at facilities of the \nDepartment or through contracts or sharing agreements entered into \nunder authorities other than this section.\n ``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is \nof material size as determined by the Secretary for purposes of this \nsection.\n ``(B) A Veterans Care Agreement entered into after September 30, \n2016, for the purchase of extended care services is of material size if \nthe purchase of such services under the agreement exceeds $1,000,000 \nannually. The Secretary may adjust such amount to account for changes \nin the cost of health care based upon recognized health care market \nsurveys and other available data and shall publish any such adjustments \nin the Federal Register.\n ``(g) Exclusion of Certain Federal Contracting Provisions.--(1) An \nagreement under this section may be entered into without regard to any \nlaw that would require the Secretary to use competitive procedures in \nselecting the party with which to enter into the agreement.\n ``(2)(A) Except as provided in subparagraph (B) and unless \notherwise provided in this section or regulations prescribed pursuant \nto this section, an eligible provider that enters into an agreement \nunder this section is not subject to, in the carrying out of the \nagreement, any law that providers of services and suppliers under the \nMedicare program under title XVIII of the Social Security Act (42 \nU.S.C. 1395 et seq.) are not subject to.\n ``(B) An eligible provider that enters into an agreement under this \nsection is subject to--\n ``(i) all laws regarding integrity, ethics, fraud, or that \n subject a person to civil or criminal penalties; and\n ``(ii) all laws that protect against employment \n discrimination or that otherwise ensure equal employment \n opportunities.\n ``(h) Monitoring of Quality of Care.--The Secretary shall establish \na system or systems, consistent with survey and certification \nprocedures used by the Centers for Medicare & Medicaid Services and \nState survey agencies to the extent practicable--\n ``(1) to monitor the quality of care and services furnished \n to veterans under this section; and\n ``(2) to assess the quality of care and services furnished \n by an eligible provider for purposes of determining whether to \n renew an agreement under this section with the eligible \n provider.\n ``(i) Dispute Resolution.--(1) The Secretary shall establish \nadministrative procedures for eligible providers with which the \nSecretary has entered an agreement under this section to present any \ndispute arising under or related to the agreement.\n ``(2) Before using any dispute resolution mechanism under chapter \n71 of title 41 with respect to a dispute arising under an agreement \nunder this section, an eligible provider must first exhaust the \nadministrative procedures established by the Secretary under paragraph \n(1).''.\n (b) Regulations.--The Secretary of Veterans Affairs shall prescribe \nan interim final rule to carry out section 1703A of such title, as \nadded by subsection (a), not later than one year after the date of the \nenactment of this Act.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item related \nto section 1703 the following new item:\n\n``1703A. Veterans Care Agreements with certain health care \n providers.''.\n\nSEC. 4. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE \n HOMES TO PROVIDE NURSING HOME CARE.\n\n (a) Use of Agreements.--\n (1) In general.--Paragraph (1) of section 1745(a) of title \n 38, United States Code, is amended, in the matter preceding \n subparagraph (A), by striking ``a contract (or agreement under \n section 1720(c)(1) of this title)'' and inserting ``an \n agreement''.\n (2) Payment.--Paragraph (2) of such section is amended by \n striking ``contract (or agreement)'' each place it appears and \n inserting ``agreement''.\n (b) Exclusion of Certain Federal Contracting Provisions.--Such \nsection is amended by adding at the end the following new paragraph:\n ``(4)(A) An agreement under this section may be entered into \nwithout regard to any law that would require the Secretary to use \ncompetitive procedures in selecting the party with which to enter into \nthe agreement.\n ``(B)(i) Except as provided in clause (ii) and unless otherwise \nprovided in this section or regulations prescribed pursuant to this \nsection, a State home that enters into an agreement under this section \nis not subject to, in the carrying out of the agreement, any law that \nproviders of services and suppliers under the Medicare program under \ntitle XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not \nsubject to.\n ``(ii) An eligible provider that enters into an agreement under \nthis section is subject to--\n ``(I) all laws regarding integrity, ethics, fraud, or that \n subject a person to civil or criminal penalties; and\n ``(II) all laws that protect against employment \n discrimination or that otherwise ensure equal employment \n opportunities.''.\n (c) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to agreements entered into under section 1745 of such \n title on and after the date on which the regulations prescribed \n by the Secretary of Veterans Affairs to implement such \n amendments take effect.\n (2) Publication.--The Secretary shall publish the date \n described in paragraph (1) in the Federal Register not later \n than 30 days before such date.","summary":"Veteran Care Agreements Rule Enhancement Act or Veteran CARE Act This bill authorizes the Department of Veterans Affairs (VA), if unable to furnish hospital care, medical services, or extended care at VA facilities or under other authorized contracts or sharing agreements, to enter into a Veterans Care Agreement with an eligible provider to furnish such care and services. The VA shall review agreements exceeding $1 million annually at least once every two years. The VA shall establish a process for the certification of eligible providers. An eligible provider is: a physician or provider of services that has entered into a provider agreement under the Social Security Act. A provider of items and services receiving payments under a state Medicaid plan. An aging and disability resource center, an area agency on aging, or a center for independent living. Or any other health care provider the VA considers appropriate. The VA shall establish a system or systems to monitor the quality of care and services furnished to veterans, which shall be used in assessing whether to renew an agreement. An agreement may be made with a health care provider to provide veterans with nursing home care.","title":"Veteran CARE Act","text_len":16309,"sum_len":1197} {"bill_id":"109_hr6230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Desalination Energy Consumption \nReduction Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Qualified desalination facility.--The term ``qualified \n desalination facility'' means a facility that--\n (A) produces for sale to domestic customers \n desalinated seawater, brackish groundwater, or surface \n water whose source water is greater than 1000 \n milligrams per liter total dissolved solids;\n (B) is owned or operated by--\n (i) a State or any political subdivision, \n agency, authority, or instrumentality of a \n State;\n (ii) an Indian tribe; or\n (iii) a corporation responsible for \n providing municipal water service pursuant to \n State or tribal law;\n (C) is first used to produce commercial desalinated \n water for sale during the 10-year period beginning on \n October 1 of the first fiscal year occurring after the \n date of enactment of this Act; and\n (D) uses the best available technology as \n determined by the Secretary.\n (2) Indian tribe.--The term ``Indian tribe'' has the \n meaning given that term in section 4(e) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b(e)).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (4) State.--The term ``State'' means the several States, \n the District of Columbia, Puerto Rico, American Samoa, the \n Virgin Islands, Guam, and the Northern Mariana Islands.\n\nSEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE \n PAYMENTS.\n\n (a) Incentive Payments.--The Secretary shall make incentive \npayments in an amount determined under subsection (d) to the owners of \nqualified desalination facilities to encourage the utilization of the \nbest available technology to reduce the consumption of electrical \nenergy in the desalination process.\n (b) Agreement; Deadline.--The Secretary may not make any payment to \nthe owner or operator of a quailfied desalination facility under this \nsection unless, not later than the end of fiscal year 2018, the \nSecretary enters into a written agreement with the owner or operator to \nmake such payment.\n (c) Payment Period.--The Secretary may make payments to the owner \nor operator of a qualified desalination facility under this section for \na period not to exceed 10 years--\n (1) beginning on the date on which the facility is first \n used to produce desalinated water; and\n (2) ending not later than September 30, 2028.\n (d) Amount of Payment.--\n (1) In general.--Payments made by the Secretary under this \n section to the owner or operator of any qualified desalination \n facility shall be based on the amount of electrical energy \n conserved by the facility below the benchmarks included in the \n formula established under paragraph (2) during the payment \n period described in subsection (c), adjusted as provided in \n paragraph (3).\n (2) Base payment.--The Secretary shall establish a formula \n for making incentive payments to owners of qualified \n desalination facilities producing potable water from source \n waters ranging from 1,000 to 35,000 milligrams per liter total \n dissolved solids or more. The payment shall range from 30 cents \n per 1,000 gallons of potable water produced for any facility \n that can demonstrate a savings of .25 kilowatt hours per gallon \n to 90 cents per 1,000 gallons of potable water produced for any \n facility that can demonstrate a savings of 4.75 kilowatt hours \n per gallon from a benchmark for energy consumption by such \n facilities that ranges along a linear scale from 1.8 kilowatt \n hours per gallon for facilities utilizing source water of 1,000 \n milligrams per liter total dissolved solids to 14 kilowatt \n hours per gallon for facilities utilizing source water of \n 35,000 milligrams per liter total dissolved solids or more.\n (3) Adjustments.--In the case of any payment made to any \n person under this subsection in a fiscal year beginning after \n calendar year 2008, the amount of such payment shall be \n adjusted by multiplying such amount by the inflation adjustment \n factor (determined under section 45K(d)(2) of the Internal \n Revenue Code of 1986 by substituting ``2008'' for ``1979'' in \n subparagraph (B) thereof) for the calendar year in which the \n payment is made.\n (e) Application.--The Secretary may not make a grant to the owner \nor operator of a qualified desalination facility under this section \nunless the facility submits an application to the Secretary in such \nform, at such time, and containing such information and assurances as \nthe Secretary may require. Further, as a part of the application the \napplicant shall provide a written assurance to the Secretary that the \nfinancial benefit of any incentive payments received by the applicant \nwill be utilized for the benefit of the rate payers.\n (f) Limitation.--In any fiscal year not more than 60 percent of the \nfunds made available by the Secretary under this section shall be made \navailable to the owners or operators of qualified desalination \nfacilities that obtain source water directly from the sea, an estuary, \nor from in-bank extraction wells that are of seawater origin.\n (g) Priority.--In awarding incentive payments under this section, \nthe Secretary shall give priority to any application for a project \nthat--\n (1) uses innovative technologies to reduce the energy \n demand of the project;\n (2) uses renewable energy supplies in the desalination \n process;\n (3) provides regional water supply benefits;\n (4) provides a secure source of new water supplies for \n national defense activities;\n (5) reduces the threat of a water supply disruption as a \n result of a natural disaster or acts of terrorism;\n (6) uses technologies that minimize the damage to marine \n life; or\n (7) provides significant water quality benefits.\n (h) Budget Act Compliance.--The authority provided by this section \nmay be exercised only in such amounts or to such extent as is provided \nin advance in appropriations Acts.\n (i) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary $200,000,000 to carry out this section \nfor the period encompassing fiscal years 2008 through 2018.","summary":"Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60 the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand, (2) use renewable energy supplies, (3) provide regional water supply benefits. (4) provide a secure source of new water supplies for national defense activities. (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism, (6) use technologies that minimize the damage to marine life, or (7) provide significant water quality benefits.","title":"To authorize the Secretary of Energy to make energy consumption reduction incentive payments to encourage the utilization of the best available technology in the development of desalination facilities, and other purposes.","text_len":7016,"sum_len":1061} {"bill_id":"103_hr3096","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Readjustment Counseling Service \nAmendments of 1993''.\n\nSEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--Section 7305 of title 38, United States Code, is \namended--\n (1) by redesignating paragraph (7) as paragraph (8); and\n (2) by inserting after paragraph (6) the following new \n paragraph (7):\n ``(7) A Readjustment Counseling Service.''.\n (b) Organization.--The Readjustment Counseling Service shall have \nthe organizational structure and administrative structure of that \nservice as such structures were in existence on January 1, 1993.\n (c) Revision of Organizational Structure.--(1) The Secretary of \nVeterans Affairs may not alter or revise the organizational structure \nor the administrative structure of the Readjustment Counseling Service \nuntil--\n (A) the Secretary has submitted to the Committees on \n Veterans' Affairs of the Senate and House of Representatives a \n report containing a full and complete statement of the proposed \n alteration or revision; and\n (B) a period of 60 days has elapsed after the date on which \n the report is received by the committees.\n (2) In the computation of the 60-day period under paragraph (1)(B), \nthere shall be excluded any day on which either House of Congress is \nnot in session because of an adjournment of more than 3 calendar days \nto a day certain.\n (d) Budget Information Relating to the Service.--Each budget \nsubmitted to the Congress by the President under section 1105 of title \n31, United States Code, shall set forth the amount requested in the \nbudget for the operation of the Readjustment Counseling Service in the \nfiscal year covered by the budget and shall set forth separately the \namount requested for administrative oversight of the activities of the \nservice (including the amount requested for funding of the Advisory \nCommittee on Veteran Readjustment Counseling).\n\nSEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.\n\n (a) Director.--Section 7306(b) of title 38, United States Code, is \namended--\n (1) by striking out ``and'' at the end of paragraph (2);\n (2) by striking out the period at the end of paragraph (3) \n and inserting in lieu thereof ``; and''; and\n (3) by adding at the end the following:\n ``(4) one shall be a person who (A)(i) is a qualified \n psychiatrist, (ii) is a qualified psychologist holding a \n diploma as a doctorate in clinical or counseling psychology \n from an authority approved by the American Psychological \n Association and has successfully undergone an internship \n approved by that association, (iii) is a qualified holder of a \n master in social work degree, or (iv) is a registered nurse \n holding a master of science in nursing degree in psychiatric \n nursing or any other mental-health related degree approved by \n the Secretary, and (B) has at least 3 years of clinical \n experience and 2 years of administrative experience in the \n Readjustment Counseling Service or other comparable mental \n health care counseling service (as determined by the \n Secretary), who shall be the director of the Readjustment \n Counseling Service.''.\n (b) Organizational Requirement.--The Director of the Readjustment \nCounseling Service shall report to the Under Secretary for Health \nthrough the Associate Deputy Under Secretary for Health for Clinical \nPrograms.\n\nSEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND \n CERTAIN RELATED COUNSELING SERVICES.\n\n (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A \nof title 38, United States Code, is amended to read as follows:\n ``(a) Upon the request of any veteran, the Secretary shall, within \nthe limits of Department facilities, furnish counseling to such veteran \nto assist such veteran in readjusting to civilian life. Such counseling \nshall include a general mental and psychological assessment to \nascertain whether such veteran has mental or psychological problems \nassociated with readjustment to civilian life.''.\n (2) Subsection (c) of such section is repealed.\n (b) Other Counseling.--Such section is further amended by inserting \nafter subsection (b) the following new subsection (c):\n ``(c) The Secretary may provide the counseling services described \nin section 1701(6)(B)(ii) of this title to the surviving parents, \nspouse, and children of any member of the Armed Forces who dies while \nserving on active duty or from a condition (as determined by the \nSecretary) incurred in or aggravated by such service.''.\n (c) Authority To Contract for Counseling Services.--Subsection (e) \nof such section is amended by striking out ``subsections (a) and (b)'' \neach place it appears and inserting in lieu thereof ``subsections (a), \n(b), and (c)''.\n\nSEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT \n COUNSELING SERVICE.\n\n (a) In General.--Notwithstanding any other provision of law, the \nrecords of the identity, diagnosis, prognosis, or treatment of any \npatient or subject of the Readjustment Counseling Service of the \nDepartment of Veterans Affairs, or of any patient or subject provided \nreadjustment counseling services under a contract with the Department, \nmay be disclosed only as follows:\n (1) By written consent of the patient or subject, only for \n the purpose for which such consent is granted.\n (2) To medical personnel to the extent necessary to meet a \n bona fide medical emergency.\n (3) To personnel of the Department other than personnel of \n the service, if such disclosure is determined by an appropriate \n member of the service to be necessary to avert an imminent \n danger to the patient or subject, or to another person.\n (4) If authorized by an appropriate order of a court of \n competent jurisdiction granted after application showing good \n cause therefor (with such cause to be determined according to \n the elements set forth in section 7332(b)(2)(D) of title 38, \n United States Code).\n (b) Fines.--Any person who violates a provision of subsection (a) \nshall be fined in accordance with subsections (f) and (g) of section \n7332 of title 38, United States Code.\n\nSEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.\n\n (a) In General.--(1) Subchapter II of chapter 17 of title 38, \nUnited States Code, is amended by inserting after section 1712B the \nfollowing:\n``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling\n ``(a)(1) There is in the Department the Advisory Committee on \nVeteran Readjustment Counseling (hereinafter in this section referred \nto as the `Committee').\n ``(2) The Committee shall consist of 18 members--\n ``(A) the members of the Committee shall be appointed by \n the Secretary and shall include individuals who are recognized \n authorities in fields pertinent to the social, psychological, \n economic, or educational readjustment of veterans. An officer \n or employee of the United States may not be appointed as a \n member of the Committee under this paragraph;\n ``(B) at least 12 of whom are veterans of the Vietnam era \n or other period of war; and\n ``(C) who have experience with the provision of veterans \n benefits and services by the Department.\n ``(3) The Secretary shall seek to ensure that members appointed to \nthe Committee include persons from a wide variety of geographic areas \nand ethnic backgrounds, persons from veterans service organizations, \nminorities, and women.\n ``(4) The Secretary shall determine the terms of service and pay \nand allowances of the members of the Committee, except that a term of \nservice may not exceed two years. The Secretary may reappoint any \nmember for additional terms of service.\n ``(b)(1) The Secretary shall, on a regular basis, consult with and \nseek the advice of the Committee with respect to the provision by the \nDepartment of benefits and services to veterans in order to assist \nveterans in the readjustment to civilian life.\n ``(2)(A) In providing advice to the Secretary under this \nsubsection, the Committee shall--\n ``(i) assemble and review information relating to the needs \n of veterans in readjusting to civilian life;\n ``(ii) provide information relating to the nature and \n character of psychological problems arising from military \n service;\n ``(iii) provide an on-going assessment of the effectiveness \n of the policies, organizational structures, and services of the \n Department in assisting veterans in readjusting to civilian \n life; and\n ``(iv) provide on-going advice on the most appropriate \n means of responding to the readjustment needs of future \n veterans.\n ``(B) In carrying out its duties under subparagraph (A), the \nCommittee shall take into special account veterans of the Vietnam era, \nand the readjustment needs of such veterans.\n ``(c)(1) Not later than March 31 of each year, the Committee shall \nsubmit to the Secretary a report on the programs and activities of the \nDepartment that relate to the readjustment of veterans to civilian \nlife. Each such report shall include--\n ``(A) an assessment of the needs of veterans with respect \n to readjustment to civilian life;\n ``(B) a review of the programs and activities of the \n Department designed to meet such needs; and\n ``(C) such recommendations (including recommendations for \n administrative and legislative action) as the Committee \n considers appropriate.\n ``(2) Not later than 90 days after the receipt of each report under \nparagraph (1), the Secretary shall transmit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives a copy of \nthe report, together with any comments and recommendations concerning \nthe report that the Secretary considers appropriate.\n ``(3) The Committee may also submit to the Secretary such other \nreports and recommendations as the Committee considers appropriate.\n ``(4) The Secretary shall submit with each annual report submitted \nto the Congress pursuant to section 529 of this title a summary of all \nreports and recommendations of the Committee submitted to the Secretary \nsince the previous annual report of the Secretary submitted pursuant to \nthat section.\n ``(d)(1) Except as provided in paragraph (2), the provisions of the \nFederal Advisory Committee Act (5 U.S.C. App.) shall apply to the \nactivities of the Committee under this section.\n ``(2) Section 14 of such Act shall not apply to the Committee.''.\n (2) The table of sections at the beginning of chapter 17 of such \ntitle is amended by inserting after the item relating to section 1712B \nthe following:\n\n``1712C. Advisory Committee on Veteran Readjustment Counseling.''.\n (b) Original Members.--(1) Notwithstanding subsection (a)(2) of \nsection 1712C(a)(2) of such title (as added by subsection (a)), the \nmembers of the Advisory Committee on the Readjustment of Vietnam and \nOther War Veterans on the date of the enactment of this Act shall be \nthe original members of the advisory committee recognized under such \nsection.\n (2) The original members shall so serve until the Secretary of \nVeterans Affairs carries out appointments under such subsection (a)(2). \nThe Secretary shall carry out such appointments as soon after such date \nas is practicable. The Secretary may make such appointments from among \nsuch original members.\n\nSEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT \n PROGRAM.\n\n (a) Requirement.--(1) The Secretary of Veterans Affairs shall \nsubmit to the Committees on Veterans' Affairs of the Senate and House \nof Representatives a plan for the expansion of the Vietnam Veteran \nResource Center program established pursuant to the amendment made by \nsection 105 of the Veterans' Administration Health-Care Amendments of \n1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a \nschedule for the implementation of the program at or through all \nDepartment of Veterans Affairs readjustment counseling centers.\n (2) The Secretary shall submit the plan not later than 4 months \nafter the date of the enactment of this Act.\n (b) Definition.--In this section, the term ``Department of Veterans \nAffairs readjustment counseling centers'' has the same meaning given \nthe term ``center'' in section 1712A(i)(1) of title 38, United States \nCode.\n\nSEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM.\n\n (a) Program.--(1) Subchapter II of chapter 17 of title 38, United \nStates Code, is amended by adding at the end the following:\n``Sec. 1720E. Veteran center health-care pilot program\n ``(a) The Secretary shall carry out a pilot program for the \nprovision of health-related services to eligible veterans at \nreadjustment counseling centers. The Secretary shall carry out the \npilot program in accordance with this section.\n ``(b)(1) In carrying out the pilot program, the Secretary shall--\n ``(A) identify not less than 12 or more than 15 \n readjustment counseling centers at which to provide health-\n related services under the pilot program; and\n ``(B) provide such services to eligible veterans at such \n centers in accordance with paragraph (2).\n ``(2)(A) The Secretary shall provide health-related services under \nthe pilot program as follows:\n ``(i) At five or more readjustment counseling centers \n identified under paragraph (1)(A), by providing not less than \n 20 hours per week of basic ambulatory services and health-care \n screening through qualified personnel.\n ``(ii) At five or more such centers, by providing not less \n than 40 hours per week of full-range ambulatory services \n through qualified personnel.\n ``(iii) At two or more such centers, by providing not less \n than 120 hours per week of physician services through qualified \n personnel.\n ``(B) In determining the location of the readjustment counseling \ncenters at which to provide health-related services under the pilot \nprogram, the Secretary shall select centers that are located in a \nvariety of geographic areas and that serve veterans of a variety of \neconomic, social, and ethnic backgrounds.\n ``(c)(1) The Secretary shall commence the provision of health-\nrelated services at readjustment counseling centers under this section \nnot later than six months after the date of the enactment of the \nReadjustment Counseling Service Amendments of 1993.\n ``(2) The pilot program shall terminate two years after the date on \nwhich the Secretary commences the provision of services under paragraph \n(1).\n ``(d) For the purposes of this section--\n ``(1) the term `Department general health-care facility' \n has the meaning given such term in section 1712A(i)(2) of this \n title;\n ``(2) the term `eligible veteran' means any veteran \n eligible for outpatient services under paragraph (1), (2), or \n (3) of section 1712(a) of this title; and\n ``(3) the term `readjustment counseling center' has the \n same meaning given the term `center' in section 1712A(i)(1) of \n this title.''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 1720D the \nfollowing:\n\n``1720E. Veteran center health-care pilot program.''.\n (b) Report.--(1) The Secretary of Veterans Affairs shall submit to \nCongress a report on the veteran center health-care pilot program \nestablished under section 1720E of title 38, United States Code (as \nadded by subsection (a)). The report shall include the following:\n (A) A description of the program, including information \n on--\n (i) the number of veterans provided health-related \n services under the program;\n (ii) the number of such veterans referred to \n Department of Veterans Affairs general health-care \n facilities in order to provide health care services to \n such veterans; and\n (iii) the cost to the Department of the program.\n (B) An analysis of the effectiveness of the health-related \n services provided to veterans under the program.\n (C) The recommendations of the Secretary for means of \n improving the program, and an estimate of the cost to the \n Department of implementing such recommendations.\n (D) Such other information as the Secretary considers \n appropriate.\n (2) The Secretary shall submit the report not later than three \nmonths after the termination of the pilot program.\n\n \n\nHR 3096 IH----2","summary":"Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran , to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.","title":"Readjustment Counseling Service Amendments of 1993","text_len":17295,"sum_len":1899} {"bill_id":"109_hr3805","text":"SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER \n RESPONSE AND RECONSTRUCTION.\n\n (a) Purposes.--The purposes of this section are as follows:\n (1) To ensure that funds, services, products, and programs \n intended to meet the needs of victims of Hurricane Katrina are \n effectively and efficiently provided by maintaining direct, \n independent and objective conduct of related audits and \n investigations.\n (2) To provide the Inspector General of the Department of \n Homeland Security additional resources capable of making \n recommendations and policies to prevent and detect fraud and \n abuse, and ensure effective administration of programs and \n services related to the aftermath of Hurricane Katrina.\n (b) Definitions.--In this section:\n (1) Affected area.--The term ``affected area'' means any \n area determined in Presidential Disaster Declaration 1603, \n 1604, or 1605, issued August 29, 2005, to be adversely affected \n by a major disaster.\n (2) The term ``Inspector General'' means the Inspector \n General of the Department of Homeland Security.\n (3) The term ``Special Office'' means the Special Office of \n the Inspector General for Natural Disaster Response and \n Reconstruction established by this section.\n (4) The term ``Director'' means the Director of the Special \n Office.\n (c) Special Office of the Inspector General for Natural Disaster \nResponse and Reconstruction.--There is hereby established within the \nOffice of the Inspector General of the Department of Homeland Security \nthe Special Office of the Inspector General for Natural Disaster \nResponse and Reconstruction.\n (d) Director of the Special Office of the Inspector General.--\n (1) In general.--The Director of the Special Office of the \n Inspector General shall be the head of the Special Office and \n shall be appointed by the Inspector General.\n (2) Basis for appointment.--The appointment of the Director \n shall be made solely on the basis of integrity, administrative \n expertise, and demonstrated ability in accounting, auditing, \n financial analysis, law, management analysis, public \n administration, or investigations.\n (3) Deadline for appointment.--The appointment of a \n Director by the Inspector General shall be made not later than \n 30 days after the date of the enactment of this Act.\n (4) Basic pay.--The annual rate of basic pay of the \n Director shall be set by the Inspector General, subject to the \n provisions of chapter 51 and subchapter III of chapter 53 or \n title 5, United States Code, governing classification and \n General Schedule pay rates.\n (e) Supervision.--The Director shall report directly to, and be \nunder the direct authority and general supervision of, the Inspector \nGeneral.\n (f) Duties.--\n (1) In general.--It shall be the duty of the Special Office \n to conduct, supervise, and coordinate audits and investigations \n of the treatment, handling, and expenditure of Federal funds by \n any organization providing relief, assistance, or \n reconstruction related to Hurricane Katrina and of the \n programs, operations, and contracts carried out utilizing such \n funds, including--\n (A) the oversight and accounting of the obligation \n and expenditure of such funds;\n (B) the monitoring and review of reconstruction \n activities funded by such funds;\n (C) the monitoring and review of contracts funded \n by such funds;\n (D) the monitoring and review of the transfer of \n such funds and associated information between and among \n the affected States, departments, agencies, and \n entities of the Federal Government, and private and \n nongovernmental entities; and\n (E) the maintenance of records on the use of such \n funds to facilitate future audits and investigations of \n the use of such funds.\n (2) Systems, procedure, and controls.--The Director, in \n consultation with the Inspector General, shall establish, \n maintain, and oversee such systems, procedures, and controls as \n shall be considered appropriate by them to discharge the duty \n under paragraph (1).\n (g) Personnel, Facilities, and Other Resources.--\n (1) Additional employee.--The Inspector General may select, \n appoint, and employ additional employees above authorized \n levels as may be necessary for carrying out the duties of the \n Special Office under this section, but no more than 40 \n additional full-time equivalent positions.\n (2) Field office.--The Inspector General may operate field \n offices in the affected areas as may be necessary for the \n Special Office to carry out the duties prescribed in subsection \n (f).\n (h) Reports.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, or the end of the first fiscal \n quarter beginning after the date of the enactment of this Act, \n whichever is later, and every fiscal quarter thereafter, the \n Inspector General shall submit to the Congress a report \n summarizing the activities and findings, if any, of the Special \n Office during the period after the last report issued\/preceding \n fiscal quarter? note that there will be no ``last report '' \n before the first report . Each report shall include, for the \n period covered by such report, a detailed statement of all \n obligations, expenditures, and revenues associated with relief, \n reconstruction, and rehabilitation activities in the areas \n affected by Hurricane Katrina, including the following:\n (A) Obligations and expenditures of appropriated \n funds.\n (B) Revenues attributable to or consisting of funds \n provided by foreign nations or international \n organizations, and any obligations or expenditures of \n such revenues.\n (C) Any contracts having a value of more than \n $2,000,000 entered into by any Federal agency with any \n public or private entity, to--\n (i) provide products, services, or \n temporary or permanent housing to those persons \n affected by Hurricane Katrina; and\n (ii) build or rebuild physical \n infrastructure in the affected areas.\n (D) In the case of any contract described in \n subparagraph (C)--\n (i) the amount of the contract or other \n agreement;\n (ii) a brief discussion of the scope of the \n contract or other agreement;\n (iii) a discussion of how the contracting \n agency identified, and solicited offers from, \n potential contractors to perform the contract, \n together with a list of the potential \n contractors that were issued solicitations for \n the offers; and\n (iv) the justification and approval \n documents on which was based the determination \n to use procedures other than procedures that \n provide for full and open competition.\n (E) A discussion related to any administrative \n delays in getting available services or products to the \n their intended recipients in a timely manner.\n (2) Prohibition on disclosure of information.--Nothing in \n this subsection shall be construed to authorize the public \n disclosure of information that is specifically prohibited from \n disclosure under law.\n (i) Transparency.--Not later than 60 days after the date of the \nsubmittal to the Congress of a report under subsection (h), the \nSecretary of Homeland Security shall make copies of such report \navailable to the public upon request, and at a reasonable cost.\n (j) Funding.--Of the funds appropriated for the Department of \nHomeland Security in the Second Emergency Supplemental Appropriations \nAct to Meet Immediate Needs Arising From the Consequences of Hurricane \nKatrina, 2005, $15,000,000 shall be available to the Office of the \nInspector General to carry out this section for fiscal year 2006.","summary":"Establishes within the Office of Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. Requires the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina, and of the programs, operations, and contracts carried out utilizing such funds.","title":"To establish within the Office of the Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction.","text_len":9064,"sum_len":515} {"bill_id":"105_hr1478","text":"SECTION 1. CHARITABLE CONTRIBUTIONS OF COMPUTER EQUIPMENT AND SOFTWARE \n TO ELEMENTARY AND SECONDARY SCHOOLS AND TO QUALIFIED \n ORGANIZATIONS PROVIDING ASSISTANCE TO INDIVIDUALS WITH \n DISABILITIES.\n\n (a) In General.--Subsection (e) of section 170 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(6) Special rule for contributions of computer equipment \n and software used for educational purposes.--\n ``(A) Limit on reduction.--In the case of a \n qualified educational contribution, the reduction under \n paragraph (1)(A) shall be no greater than the amount \n determined under paragraph (3)(B).\n ``(B) Qualified educational contribution.--For \n purposes of this paragraph, the term `qualified \n educational contribution' means a charitable \n contribution by a corporation of any computer software \n or computer or peripheral equipment, but only if--\n ``(i) the contribution is to--\n ``(I) an educational organization \n described in subsection (b)(1)(A)(ii),\n ``(II) a governmental unit \n described in subsection (c)(1), or\n ``(III) an organization described \n in section 501(c)(3) and exempt from \n taxation under section 501(a), or a \n governmental unit described in \n subsection (c)(1), that has documented \n experience and expertise at the \n community level in providing training \n and evaluation for information \n technology services and devices to \n individuals with disabilities, their \n parents, family members, guardians, \n advocates, or authorized \n representatives,\n ``(ii) the contribution is made not later \n than 3 years after the date the taxpayer \n acquired the property (or in the case of \n property constructed by the taxpayer, the date \n the construction of the property is \n substantially completed),\n ``(iii) substantially all of the use of the \n property by the donee is for use within the \n United States for educational purposes related \n to the purpose or function of the organization \n or unit,\n ``(iv) the original use of the property \n began with--\n ``(I) the donee, in the case of \n property constructed by the taxpayer or \n property of the taxpayer described in \n section 1221(1), or\n ``(II) the taxpayer, in any case \n not described in subclause (I),\n ``(v) the property is not transferred by \n the donee in exchange for money, other \n property, or services, and\n ``(vi) the taxpayer receives from the donee \n a written statement representing that its use \n and disposition of the property will be in \n accordance with the provisions of clauses (iii) \n and (v).\n ``(C) Donations to charity for refurbishing.--\n ``(i) In general.--For purposes of this \n paragraph, a charitable contribution by a \n corporation shall be treated as a qualified \n education contribution if--\n ``(I) such contribution is a \n contribution of any computer or \n peripheral equipment to a qualified \n organization, and\n ``(II) the taxpayer receives from \n such organization a written statement \n representing that its use of the \n property (and any use by the \n organization or unit to which it \n donates the property) meets the needs \n of the donee and the requirements of \n clause (v) of subparagraph (B).\n ``(ii) Qualified organization.--For \n purposes of clause (i), an organization is a \n qualified organization if--\n ``(I) the organization is described \n in section 501(c)(3) and exempt from \n taxation under section 501(a), and\n ``(II) a substantial part of the \n business of the organization is the \n repair and refurbishment of computers \n or peripheral equipment and the \n donation of such equipment to an \n organization or unit described in \n subparagraph (B)(i) for a purpose \n described in subparagraph (B)(iii).\n ``(D) Special rules.--For the purposes of this \n paragraph--\n ``(i) Construction of property by \n taxpayer.--Paragraph (4)(C) shall apply.\n ``(ii) Refurbishment of property by \n taxpayer.--Property that is substantially \n refurbished by the taxpayer shall be treated as \n property constructed by the taxpayer.\n ``(E) Definitions.--For the purposes of this \n paragraph--\n ``(i) Computer or peripheral equipment.--\n The term `computer or peripheral equipment' has \n the meaning given such term by section \n 168(i)(2)(B).\n ``(ii) Computer software.--The term \n `computer software' has the meaning given such \n term by section 197(e)(3)(B).\n ``(iii) Educational purpose.--The term \n `educational purpose' includes administration \n incident to providing education.\n ``(iv) Disability.--The term `disability' \n has the meaning given such term by section 3(2) \n of the Americans with Disabilities Act of 1990.\n ``(v) Information technology.--The term \n `information technology' includes any computer \n or peripheral equipment, computer software, \n digital augmentative speech device, firmware, \n and services related thereto.\n ``(vi) Corporation.--The term `corporation' \n has the meaning given such term by paragraph \n (4)(D).''\n (b) Computer Training.--Section 170 of such Code is amended by \nadding at the end the following new subsection:\n ``(n) Computer Training.--\n ``(1) In general.--For purposes of this section, the term \n `charitable contribution' includes a contribution by a \n corporation of qualified computer training.\n ``(2) Qualified computer training.--\n ``(A) In general.--For purposes of paragraph (1), \n the term `qualified computer training' means training--\n ``(i) provided by the taxpayer in the use \n of computer software or any computer or \n peripheral equipment (as defined in subsection \n (e)(6)(E)) contributed to the donee by the \n taxpayer for a purpose described in subsection \n (e)(6)(B)(iii),\n ``(ii) provided to an individual employed \n by an organization or unit described in \n subsection (e)(6)(B)(i), and\n ``(iii) for which the taxpayer receives \n from the donee a written statement representing \n that the training is not in exchange for money, \n other property, or services.\n ``(B) Time limitation.--Not more than 8 hours of \n training may be taken into account under subparagraph \n (A) with respect to each contribution.\n ``(C) Valuation.--For the purpose of this \n subsection, the value of the time of an individual who \n provides computer training shall be based on the usual \n wage rate of the individual.''\n (c) Contribution of Digital Augmentative Speech Devices for Use by \nIndividuals With Disabilities.--Subsection (e) of section 170 of the \nInternal Revenue Code of 1986, as amended by subsection (a) of this \nsection, is further amended by adding at the end the following new \nparagraph:\n ``(7) Special rule for contributions of digital \n augmentative speech devices.--\n ``(A) Limit on reduction.--In the case of a \n contribution or gift of a digital augmentative speech \n device to an entity described in subparagraph (B)--\n ``(i) the reduction under paragraph (1)(A) \n shall be no greater than the amount determined \n under paragraph (3)(B), and\n ``(ii) qualified training in the use of \n such device shall be treated as a charitable \n contribution for purposes of this section.\n ``(B) Entity described.--An entity is described in \n this subparagraph if the entity is--\n ``(i) described in section 501(c)(3) and \n exempt from taxation under section 501(a), or\n ``(ii) a governmental unit described in \n subsection (c)(1),\n that has documented experience and expertise at the \n community level in providing training and evaluation \n for information technology services and devices to \n individuals with disabilities, their parents, family \n members, guardians, advocates, or authorized \n representatives.\n ``(C) Qualified training.--\n ``(i) In general.--The term `qualified \n training' means training in the use of a \n digital augmentative speech device contributed \n by the taxpayer under subparagraph (A) to an \n entity described in subparagraph (B) that is --\n ``(I) provided by the taxpayer,\n ``(II) provided to an individual \n employed by such entity, and\n ``(III) for which the taxpayer \n receives from the donee a written \n statement representing that the \n training meets the requirements of \n subparagraph (D).\n ``(D) Limitations.--\n ``(i) Exchange for money, etc.--\n Subparagraph (A) shall not apply to property or \n training donated under this paragraph if such \n property is transferred by the donee in \n exchange for money, other property, or \n services.\n ``(ii) Time and valuation.--Subparagraphs \n (B) and (C) of paragraph (6) shall apply to \n training subject to this subparagraph.\n ``(E) Definitions.--For purposes of this paragraph, \n the terms `disability' and `information technology' \n have the meaning given such terms by subsection \n (e)(6)(E).''\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1996.\n\nSEC. 2. REPORT ON EFFECTIVENESS OF CHARITABLE CONTRIBUTIONS OF \n COMPUTERS AND SOFTWARE IN MEETING EDUCATIONAL NEEDS OF \n STUDENTS.\n\n Not later than December 31, 1998, the Comptroller General of the \nUnited States shall conduct a study on the effectiveness of the \nenhanced charitable contribution under section 170(e)(6) of the \nInternal Revenue Code of 1986 (as amended by section 1 of this Act) in \nmeeting educational needs of students in the United States. The \nComptroller General shall submit the report to the Committee on Ways \nand Means of the House of Representatives and the Committee on Finance \nof the Senate.\n\nSEC. 3. DONATIONS TO UNDERPRIVILEGED SCHOOLS.\n\n It is the sense of Congress that one of the main purposes of the \nenhanced charitable deduction under section 170(e)(6) of the Internal \nRevenue Code of 1986 (as amended by section 1 of this Act) is to \nencourage the donation of computer equipment and software to--\n (1) schools serving low income communities;\n (2) schools whose fiscal year budgets are below the \n applicable State-wide norm; and\n (3) schools at which student test scores are substantially \n below the State-wide norm.","summary":"Amends the Internal Revenue Code to set forth a special rule for the donation by a corporation, as a charitable deduction, of computer equipment and software, as well as related training, to elementary and secondary schools and to qualified organizations providing assistance to disabled individuals. Directs the Comptroller General to report concerning such deductions. Expresses the sense of the Congress that one of the main purposes of such enhanced charitable deduction is to encourage the donation of computer equipment and software to: (1) schools serving low income communities, (2) schools with budgets below applicable norms, and (3) schools with student test scores below the norm.","title":"To amend the Internal Revenue Code of 1986 to allow companies to donate computer equipment and software, and training related thereto, to elementary and secondary schools for use in their educational programs, and for other purposes.","text_len":14706,"sum_len":692} {"bill_id":"110_hr3558","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Eye Trauma Treatment Act of \n2007''.\n\nSEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, \n TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES.\n\n (a) Establishment.--\n (1) In general.--Chapter 55 of title 10, United States \n Code, is amended by inserting after section 1105 the following \n new section:\n``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, \n Mitigation, Treatment, and Rehabilitation of Military Eye \n Injuries\n ``(a) In General.--The Secretary of Defense shall establish within \nthe Department of Defense a center of excellence in the prevention, \ndiagnosis, mitigation, treatment, and rehabilitation of military eye \ninjuries to carry out the responsibilities specified in subsection (c). \nThe center shall be known as a `Center of Excellence in Prevention, \nDiagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye \nInjuries'.\n ``(b) Partnerships.--The Secretary shall ensure that the Center \ncollaborates to the maximum extent practicable with the Secretary of \nVeterans Affairs, institutions of higher education, and other \nappropriate public and private entities (including international \nentities) to carry out the responsibilities specified in subsection \n(c).\n ``(c) Responsibilities.--(1) The Center shall--\n ``(A) develop, implement, and oversee a registry of \n information for the tracking of the diagnosis, surgical \n intervention or other operative procedure, other treatment, and \n follow up for each case of significant eye injury incurred by a \n member of the armed forces while serving on active duty;\n ``(B) ensure the electronic exchange with the Secretary of \n Veterans Affairs of information obtained through tracking under \n subparagraph (A); and\n ``(C) enable the Secretary of Veterans Affairs to access \n the registry and add information pertaining to additional \n treatments or surgical procedures and eventual visual outcomes \n for veterans who were entered into the registry and \n subsequently received treatment through the Veterans Health \n Administration.\n ``(2) The registry under this subsection shall be known as the \n`Military Eye Injury Registry' (hereinafter referred to as the \n`Registry').\n ``(3) The Center shall develop the Registry in consultation with \nthe ophthalmological specialist personnel and optometric specialist \npersonnel of the Department of Defense and the ophthalmological \nspecialist personnel and optometric specialist personnel of the \nDepartment of Veterans Affairs. The mechanisms and procedures of the \nRegistry shall reflect applicable expert research on military and other \neye injuries.\n ``(4) The mechanisms of the Registry for tracking under paragraph \n(1)(A) shall ensure that each military medical treatment facility or \nother medical facility shall submit to the Center for inclusion in the \nRegistry information on the diagnosis, surgical intervention or other \noperative procedure, other treatment, and follow up for each case of \neye injury described in that paragraph as follows (to the extent \napplicable):\n ``(A) Not later than 30 days after surgery or other \n operative intervention, including a surgery or other operative \n intervention carried out as a result of a follow-up \n examination.\n ``(B) Not later than 180 days after the significant eye \n injury is reported or recorded in the medical record.\n ``(5)(A) The Center shall provide notice to the Blind \nRehabilitation Service of the Department of Veterans Affairs and to the \neye care services of the Veterans Health Administration on each member \nof the armed forces described in subparagraph (B) for purposes of \nensuring the coordination of the provision of ongoing eye care and \nvisual rehabilitation benefits and services by the Department of \nVeterans Affairs after the separation or release of such member from \nthe armed forces.\n ``(B) A member of the armed forces described in this subparagraph \nis a member of the armed forces as follows:\n ``(i) A member with a significant eye injury incurred while \n serving on active duty, including a member with visual \n dysfunction related to traumatic brain injury.\n ``(ii) A member with an eye injury incurred while serving \n on active duty who has a visual acuity of 20\/200 or less in the \n injured eye.\n ``(iii) A member with an eye injury incurred while serving \n on active duty who has a loss of peripheral vision resulting in \n twenty degrees or less of visual field in the injured eye.\n ``(d) Utilization of Registry Information.--The Secretary of \nDefense and the Secretary of Veterans Affairs shall jointly ensure that \ninformation in the Military Eye Injury Registry is available to \nappropriate ophthalmological and optometric personnel of the Department \nof Veterans Affairs for purposes of encouraging and facilitating the \nconduct of research, and the development of best practices and clinical \neducation, on eye injuries incurred by members of the armed forces in \ncombat.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 55 of such title is amended by inserting \n after the item relating to section 1105 the following new item:\n\n``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, \n Treatment, and Rehabilitation of Military \n Eye Injuries.''.\n (b) Inclusion of Records of OIF\/OEF Veterans.--The Secretary of \nDefense shall take appropriate actions to include in the Military Eye \nInjury Registry established under section 1105a of title 10, United \nStates Code (as added by subsection (a)), such records of members of \nthe Armed Forces who incurred an eye injury while serving on active \nduty on or after September 11, 2001, but before the establishment of \nthe Registry, as the Secretary considers appropriate for purposes of \nthe Registry.\n (c) Report on Establishment.--Not later than 180 days after the \ndate of the enactment of this Act, the Secretary shall submit to \nCongress a report on the status of the Center of Excellence in \nPrevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of \nMilitary Eye Injuries under section 1105a of title 10, United States \nCode (as so added), including the progress made in establishing the \nMilitary Eye Injury Registry required under that section.\n (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In \ncarrying out the program at Walter Reed Army Medical Center, District \nof Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome, \nthe Secretary of Defense and the Department of Veterans Affairs shall \njointly provide for the conduct of a cooperative program for members of \nthe Armed Forces and veterans with Traumatic Brain Injury by military \nmedical treatment facilities of the Department of Defense and medical \ncenters of the Department of Veterans Affairs selected for purposes of \nthis subsection for purposes of vision screening, diagnosis, \nrehabilitative management, and vision research, including research on \nprevention, on visual dysfunction related to Traumatic Brain Injury.\n (e) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated for the Department of Defense for fiscal year 2008 for \nDefense Health Program, $5,000,000 for the Center of Excellence in \nPrevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of \nMilitary Eye Injuries under section 1105a of title 10, United States \nCode (as so added).","summary":"Military Eye Trauma Treatment Act of 2007 - Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop and oversee the Military Eye Injury Registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces while on active duty. And (2) ensure the electronic exchange of Registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the Registry records of members who incurred eye injuries while on active duty on or after September 11, 2001, but before the Registry's establishment. And (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI.","title":"To provide for the establishment of a Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries, and for other purposes.","text_len":7835,"sum_len":1198} {"bill_id":"109_hr510","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Graduate \nOpportunities in Higher Education Act of 2005''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nHigher Education Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 2. JAVITS FELLOWSHIP PROGRAM.\n\n (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is \namended by adding at the end the following new sentence: ``In the case \nof other exceptional circumstances, such as active duty military \nservice or personal or family member illness, the institution of higher \neducation may also permit the fellowship recipient to interrupt periods \nof study for the duration of the tour of duty (in the case of military \nservice) or not more than 12 months (in any other case), but without \npayment of the stipend.''.\n (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. \n1134a(a)(1)) is amended--\n (1) in the first sentence, by inserting ``from diverse \n geographic regions'' after ``higher education''; and\n (2) by adding at the end the following new sentence: ``The \n Secretary shall also assure that at least one representative \n appointed to the Board represents an institution that is \n eligible for a grant under title III or V of this Act.''.\n (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--\n (1) in subsection (a)--\n (A) by striking ``1999-2000'' and inserting ``2006-\n 2007'';\n (B) by striking ``shall be set'' and inserting \n ``may be set''; and\n (C) by striking ``Foundation graduate fellowships'' \n and inserting ``Foundation Graduate Research Fellowship \n Program''; and\n (2) in subsection (b), by amending paragraph (1)(A) to read \n as follows:\n ``(1) In general.--(A) The Secretary shall (in addition to \n stipends paid to individuals under this subpart) pay to the \n institution of higher education, for each individual awarded a \n fellowship under this subpart at such institution, an \n institutional allowance. Except as provided in subparagraph \n (B), such allowance shall be, for 2006-2007 and succeeding \n academic years, the same amount as the institutional payment \n made for 2005-2006 adjusted for 2006-2007 and annually \n thereafter in accordance with inflation as determined by the \n Department of Labor's Consumer Price Index for the previous \n calendar year.''.\n (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) \nis amended by striking ``fiscal year 1999 and such sums as may be \nnecessary for each of the 4 succeeding fiscal years'' and inserting \n``fiscal year 2006 and such sums as may be necessary for each of the 5 \nsucceeding fiscal years''.\n\nSEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.\n\n (a) Designation of Areas of National Need; Priority.--Section 712 \n(20 U.S.C. 1135a) is amended--\n (1) in the last sentence of subsection (b)--\n (A) by striking ``and an assessment'' and inserting \n ``an assessment''; and\n (B) by inserting before the period at the end the \n following: ``, and the priority described in subsection \n (c) of this section''; and\n (2) by adding at the end the following new subsection:\n ``(c) Priority.--The Secretary shall establish a priority for \ngrants in order to prepare individuals for the professoriate who will \ntrain highly-qualified elementary and secondary school teachers of \nmath, science, and special education, and teachers who provide \ninstruction for limited English proficient individuals. Such grants \nshall offer program assistance and graduate fellowships for--\n ``(1) post-baccalaureate study related to teacher \n preparation and pedagogy in math and science for students who \n have completed a master's degree or are pursuing a doctorate of \n philosophy in math and science;\n ``(2) post-baccalaureate study related to teacher \n preparation and pedagogy in special education and English \n language acquisition and academic proficiency for limited \n English proficient individuals; and\n ``(3) support of dissertation research in the fields of \n math, science, special education, or second language pedagogy \n and second language acquisition.''.\n (b) Collaboration Required for Certain Applications.--Section \n713(b) (20 U.S.C. 1135b) is amended--\n (1) by striking ``and'' at the end of paragraph (9);\n (2) by redesignating paragraph (10) as paragraph (11); and\n (3) by inserting after paragraph (9) the following new \n paragraph:\n ``(10) in the case of an application for a grant by a \n department, program, or unit in education or teacher \n preparation, contain assurances that such department, program, \n or unit collaborates with departments, programs, or units in \n all content areas to assure a successful combination of \n training in both teaching and such content; and''.\n (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--\n (1) by striking ``1999-2000'' and inserting ``2006-2007'';\n (2) by striking ``shall be set'' and inserting ``may be \n set''; and\n (3) by striking ``Foundation graduate fellowships'' and \n inserting ``Foundation Graduate Research Fellowship Program''.\n (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. \n1135d(a)(1)) is amended--\n (1) by striking ``1999-2000'' and inserting ``2006-2007''; \n and\n (2) by striking ``1998-1999'' and inserting ``2006-2007''.\n (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) \nis amended by striking ``fiscal year 1999 and such sums as may be \nnecessary for each of the 4 succeeding fiscal years'' and inserting \n``fiscal year 2006 and such sums as may be necessary for each of the 5 \nsucceeding fiscal years''.\n (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is \namended--\n (1) by striking ``section 716(a)'' and inserting ``section \n 715(a)''; and\n (2) by striking ``section 714(b)(2)'' and inserting \n ``section 713(b)(2)''.\n\nSEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.\n\n (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. \n1136(c)) is amended--\n (1) by amending paragraph (2) to read as follows:\n ``(2) to prepare such students for study at accredited law \n schools and assist them with the development of analytical \n skills and study methods to enhance their success and promote \n completion of law school;'';\n (2) by striking ``and'' at the end of paragraph (4);\n (3) by striking the period at the end of paragraph (5) and \n inserting ``; and''; and\n (4) by adding at the end the following new paragraph:\n ``(6) to award Thurgood Marshall Fellowships to eligible \n law school students--\n ``(A) who participated in summer institutes \n authorized by subsection (d) and who are enrolled in an \n accredited law school; or\n ``(B) who are eligible law school students who have \n successfully completed a comparable summer institute \n program certified by the Council on Legal Educational \n Opportunity.''.\n (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. \n1136(d)(1)(D)) is amended by inserting ``in analytical skills and study \nmethods'' after ``courses''.\n (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. \n1136(h)) is amended by striking ``1999 and each of the 4 succeeding \nfiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal \nyears''.\n (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. \n1137(e)) is repealed.\n\nSEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.\n\n (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. \n1138(a)) is amended--\n (1) by amending paragraph (1) to read as follows:\n ``(1) the encouragement of the reform and improvement of, \n and innovation in, postsecondary education and the provision of \n educational opportunity for all, especially for the non-\n traditional student populations;'';\n (2) in paragraph (2), by inserting before the semicolon at \n the end the following: ``for postsecondary students, especially \n those that provide academic credit for programs'';\n (3) by amending paragraph (3) to read as follows:\n ``(3) the establishment of institutions and programs based \n on the technology of communications, including delivery by \n distance education;''; and\n (4) by amending paragraph (6) to read as follows:\n ``(6) the introduction of institutional reforms designed to \n expand individual opportunities for entering and reentering \n postsecondary institutions and pursuing programs of \n postsecondary study tailored to individual needs;''.\n (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is \namended by striking paragraph (4) and inserting the following:\n ``(4) International cooperation, partnerships, or student \n exchange among postsecondary educational institutions in the \n United States and abroad.\n ``(5) Establishment of academic programs including graduate \n and undergraduate courses, seminars and lectures, support of \n research, and development of teaching materials for the purpose \n of supporting faculty and academic programs that teach \n traditional American history (including significant \n constitutional, political, intellectual, economic, diplomatic, \n and foreign policy trends, issues, and documents; the history, \n nature, and development of democratic institutions of which \n American democracy is a part; and significant events and \n individuals in the history of the United States).\n ``(6) Support for planning, applied research, training, \n resource exchanges or technology transfers, the delivery of \n services, or other activities the purpose of which is to design \n and implement programs to enable institutions of higher \n education to work with private and civic organizations to \n assist communities to meet and address their pressing and \n severe problems, including economic development, community \n infrastructure and housing, crime prevention, education, \n healthcare, self sufficiency, and workforce preparation.''.\n (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) \nis amended by striking ``$30,000,000 for fiscal year 1999 and such sums \nas may be necessary for each of the 4 succeeding fiscal years'' and \ninserting ``$40,000,000 for fiscal year 2006 and such sums as may be \nnecessary for each of the 5 succeeding fiscal years'' .\n\nSEC. 6. URBAN COMMUNITY SERVICE.\n\n Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.\n\nSEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES \n RECEIVE A QUALITY HIGHER EDUCATION.\n\n (a) Serving All Students With Disabilities.--Section 762(a) (20 \nU.S.C. 1140a(a)) is amended by striking ``students with learning \ndisabilities'' and inserting ``students with disabilities''.\n (b) Authorized Activities.--\n (1) Amendment.--Section 762(b)(2) is amended--\n (A) in subparagraph (A), by inserting ``in order to \n improve retention and completion'' after \n ``disabilities'';\n (B) by redesignating subparagraphs (B) and (C) as \n subparagraphs (C) and (E), respectively;\n (C) by inserting after subparagraph (A) the \n following new subparagraph:\n ``(B) Effective transition practices.--The \n development of innovative, effective, and efficient \n teaching methods and strategies to ensure the smooth \n transition of students with disabilities from high \n school to postsecondary education.''; and\n (D) by inserting after subparagraph (C) (as \n redesignated by subparagraph (B) of this paragraph) the \n following new subparagraph:\n ``(D) Distance learning.--The development of \n innovative, effective, and efficient teaching methods \n and strategies to provide faculty and administrators \n with the ability to provide accessible distance \n education programs or classes that would enhance access \n of students with disabilities to higher education, \n including the use of electronic communication for \n instruction and advisement.''.\n (2) Conforming amendment.--Section 762(b)(3) is amended by \n striking ``subparagraphs (A) through (C)'' and inserting \n ``subparagraphs (A) through (E)''.\n (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--\n (1) by amending paragraph (1) to read as follows:\n ``(1) a description of how such institution plans to \n address the activities allowed under this part;'';\n (2) by striking ``and'' at the end of paragraph (2);\n (3) by striking the period at the end of paragraph (3) and \n inserting ``; and''; and\n (4) by adding at the end the following new paragraph:\n ``(4) a description of the extent to which an institution \n will work to replicate the best practices of institutions of \n higher education with demonstrated success in serving students \n with disabilities.''.\n (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) \nis amended by striking ``fiscal year 1999 and such sums as may be \nnecessary for each of the 4 succeeding fiscal years'' and inserting \n``fiscal year 2006 and such sums as may be necessary for each of the 5 \nsucceeding fiscal years''.","summary":"Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program. (2) the program of graduate assistance in areas of national need, (3) the Thurgood Marshall legal educational opportunity program, (4) the Fund for the Improvement of Postsecondary Education. And (5) demonstration projects to ensure that students with disabilities receive a quality higher education. Eliminates the Urban Community Service program and certain continuation awards.","title":"To amend and extend title VII of the Higher Education Act of 1965.","text_len":14739,"sum_len":664} {"bill_id":"104_s1720","text":"TITLE I--NICODEMUS NATIONAL HISTORIC SITE\n\nSEC. 101. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the town of Nicodemus, in Kansas, has national \n significance as the only remaining western town established by \n African-Americans during the Reconstruction period following \n the Civil War;\n (2) the town of Nicodemus is symbolic of the pioneer spirit \n of African-Americans who dared to leave the only region they \n had been familiar with to seek personal freedom and the \n opportunity to develop their talents and capabilities; and\n (3) the town of Nicodemus continues to be a viable African-\n American community.\n (b) Purposes.--The purposes of this title are--\n (1) to preserve, protect, and interpret for the benefit and \n enjoyment of present and future generations, the remaining \n structures and locations that represent the history (including \n the settlement and growth) of the town of Nicodemus, Kansas; \n and\n (2) to interpret the historical role of the town of \n Nicodemus in the Reconstruction period in the context of the \n experience of westward expansion in the United States.\n\nSEC. 102. DEFINITIONS.\n\n In this title:\n (1) Historic site.--The term ``historic site'' means the \n Nicodemus National Historic Site established by section 103.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.\n\n (a) Establishment.--There is established the Nicodemus National \nHistoric Site in Nicodemus, Kansas.\n (b) Description.--\n (1) In general.--The historic site shall consist of the \n First Baptist Church, the St. Francis Hotel, the Nicodemus \n School District Number 1, the African Methodist Episcopal \n Church, and the Township Hall located within the approximately \n 161.35 acres designated as the Nicodemus National Landmark in \n the Township of Nicodemus, Graham County, Kansas, as registered \n on the National Register of Historic Places pursuant to section \n 101 of the National Historic Preservation Act (16 U.S.C. 470a), \n and depicted on a map entitled ``Nicodemus National Historic \n Site'', numbered 80,000 and dated August 1994.\n (2) Map and boundary description.--The map referred to in \n paragraph (1) and an accompanying boundary description shall be \n on file and available for public inspection in the office of \n the Director of the National Park Service and any other office \n of the National Park Service that the Secretary determines to \n be an appropriate location for filing the map and boundary \n description.\n\nSEC. 104. ADMINISTRATION OF THE HISTORIC SITE.\n\n (a) In General.--The Secretary shall administer the historic site \nin accordance with--\n (1) this title; and\n (2) the provisions of law generally applicable to units of \n the National Park System, including the Act entitled ``An Act \n to establish a National Park Service, and for other purposes'', \n approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of \n August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et \n seq.).\n (b) Cooperative Agreements.--To further the purposes specified in \nsection 101(b), the Secretary may enter into a cooperative agreement \nwith any interested individual, public or private agency, organization, \nor institution.\n (c) Technical and Preservation Assistance.--\n (1) In general.--The Secretary may provide to any eligible \n person described in paragraph (2) technical assistance for the \n preservation of historic structures of, the maintenance of the \n cultural landscape of, and local preservation planning for, the \n historic site.\n (2) Eligible persons.--The eligible persons described in \n this paragraph are--\n (A) an owner of real property within the boundary \n of the historic site, as described in section 103(b); \n and\n (B) any interested individual, agency, \n organization, or institution that has entered into an \n agreement with the Secretary pursuant to subsection \n (b).\n\nSEC. 105. ACQUISITION OF REAL PROPERTY.\n\n (a) In General.--Subject to subsection (b), the Secretary is \nauthorized to acquire by donation, exchange, or purchase with funds \nmade available by donation or appropriation, such lands or interests in \nlands as may be necessary to allow for the interpretation, \npreservation, or restoration of the First Baptist Church, the St. \nFrancis Hotel, the Nicodemus School District Number 1, the African \nMethodist Episcopal Church, or the Township Hall, as described in \nsection 103(b)(1), or any combination thereof.\n (b) Limitations.--\n (1) Acquisition of property owned by the state of kansas.--\n Real property that is owned by the State of Kansas or a \n political subdivision of the State of Kansas that is acquired \n pursuant to subsection (a) may only be acquired by donation.\n (2) Consent of owner required.--No real property may be \n acquired under this section without the consent of the owner of \n the real property.\n\nSEC. 106. GENERAL MANAGEMENT PLAN.\n\n (a) In General.--Not later than the last day of the third full \nfiscal year beginning after the date of enactment of this Act, the \nSecretary shall, in consultation with the officials described in \nsubsection (b), prepare a general management plan for the historic \nsite.\n (b) Consultation.--In preparing the general management plan, the \nSecretary shall consult with an appropriate official of each of the \nfollowing:\n (1) The Nicodemus Historical Society.\n (2) The Kansas Historical Society.\n (3) Appropriate political subdivisions of the State of \n Kansas that have jurisdiction over all or a portion of the \n historic site.\n (c) Submission of Plan to Congress.--Upon the completion of the \ngeneral management plan, the Secretary shall submit a copy of the plan \nto--\n (1) the Committee on Energy and Natural Resources of the \n Senate; and\n (2) the Committee on Resources of the House of \n Representatives.\n\nSEC. 107. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Department of the \nInterior such sums as are necessary to carry out this title.\n\n TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT\n\nSEC. 201. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds that--\n (1) the New Bedford National Historic Landmark District and \n associated historic sites as described in section 203(b) of \n this title, including the Schooner Ernestina, are National \n Historic Landmarks and are listed on the National Register of \n Historic Places as historic sites associated with the history \n of whaling in the United States;\n (2) the city of New Bedford was the 19th century capital of \n the world's whaling industry and retains significant \n architectural features, archival materials, and museum \n collections illustrative of this period;\n (3) New Bedford's historic resources provide unique \n opportunities for illustrating and interpreting the whaling \n industry's contribution to the economic, social, and \n environmental history of the United States and provide \n opportunities for public use and enjoyment; and\n (4) the National Park System presently contains no sites \n commemorating whaling and its contribution to American history.\n (b) Purposes.--The purposes of this title are--\n (1) to help preserve, protect, and interpret the resources \n within the areas described in section 203(b) of this title, \n including architecture, setting, and associated archival and \n museum collections;\n (2) to collaborate with the city of New Bedford and with \n local historical, cultural, and preservation organizations to \n further the purposes of the park established under this title; \n and\n (3) to provide opportunities for the inspirational benefit \n and education of the American people.\n\nSEC. 202. DEFINITIONS.\n\n For the purposes of this title:\n (1) The term ``park'' means the New Bedford Whaling \n National Historical Park established by section 203.\n (2) The term ``Secretary'' means the Secretary of the \n Interior.\n\nSEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.\n\n (a) Establishment.--In order to preserve for the benefit and \ninspiration of the people of the United States as a national historical \npark certain districts structures, and relics located in New Bedford, \nMassachusetts, and associated with the history of whaling and related \nsocial and economic themes in America, there is established the New \nBedford Whaling National Historical Park.\n (b) Boundaries.--(1) The boundaries of the park shall be those \ngenerally depicted on the map numbered NAR-P49-80000-4 and dated June \n1994. Such map shall be on file and available for public inspection in \nthe appropriate offices of the National Park Service. In case of any \nconflict between the descriptions set forth in subparagraphs (A) \nthrough (D) and such map, such map shall govern. The park shall include \nthe following:\n (A) The area included within the New Bedford National \n Historic Landmark District, known as the Bedford Landing \n Waterfront Historic District, as listed within the National \n Register of Historic Places and in the Massachusetts State \n Register of Historic Places.\n (B) The National Historic Landmark Schooner Ernestina, with \n its home port in New Bedford.\n (C) The land along the eastern boundary of the New Bedford \n National Historic Landmark District over to the east side of \n MacArthur Drive from the Route 6 overpass on the north to an \n extension of School Street on the south.\n (D) The land north of Elm Street in New Bedford, bounded by \n Acushnet Avenue on the west, Route 6 (ramps) on the north, \n MacArthur Drive on the east, and Elm Street on the south.\n (2) In addition to the sites, areas and relics referred to in \nparagraph (1) , the Secretary may assist in the interpretation and \npreservation of each of the following:\n (A) The southwest corner of the State Pier.\n (B) Waterfront Park, immediately south of land adjacent to \n the State Pier.\n (C) The Rotch-Jones-Duff House and Garden Museum, located \n at 396 County Street.\n (D) The Wharfinger Building, located on Piers 3 and 4.\n (E) The Bourne Counting House, located on Merrill's Wharf.\n\nSEC. 204. ADMINISTRATION OF PARK.\n\n (a) In General.--The park shall be administered by the Secretary in \naccordance with this title and the provisions of law generally \napplicable to units of the national park system, including the Act \nentitled ``An Act to establish a National Park Service, and for other \npurposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, \nand 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-\n467).\n (b) Cooperative Agreements.--(1) The Secretary may consult and \nenter into cooperative agreements with interested entities and \nindividuals to provide for the preservation, development, \ninterpretation, and use of the park.\n (2) Any payment made by the Secretary pursuant to a cooperative \nagreement under this subsection shall be subject to an agreement that \nconversion, use, or disposal of the project so assisted for purposes \ncontrary to the purposes of this title, as determined by the Secretary, \nshall result in a right of the United States to reimbursement of all \nfunds made available to such project or the proportion of the increased \nvalue of the project attributable to such funds as determined at the \ntime of such conversion, use, or disposal, whichever is greater.\n (c) Non-Federal Matching Requirements.--(1) Funds authorized to be \nappropriated to the Secretary for the purposes of--\n (A) cooperative agreements under subsection (b) shall be \n expended in the ratio of one dollar of Federal funds for each \n four dollars of funds contributed by non-Federal sources; and\n (B) construction, restoration, and rehabilitation of \n visitor and interpretive facilities (other than annual \n operation and maintenance costs) shall be expended in the ratio \n of one dollar of Federal funds for each one dollar of funds \n contributed by non-Federal sources.\n (2) For the purposes of this subsection, the Secretary is \nauthorized to accept from non-Federal sources, and to utilize for \npurposes of this title, any money so contributed. With the approval of \nthe Secretary, any donation of property, services, or goods from a non-\nFederal source may be considered as a contribution of funds from a non-\nFederal source for the purposes of this subsection.\n (d) Acquisition of Real Property.--For the purposes of the park, \nthe Secretary may acquire only by donation lands, interests in lands, \nand improvements thereon within the park.\n (e) Other Property, Funds, and Services.--The Secretary may accept \ndonated funds, property, and services to carry out this title.\n\nSEC. 205. GENERAL MANAGEMENT PLAN.\n\n Not later than the end of the second fiscal year beginning after \nthe date of enactment of this Act, the Secretary shall submit to the \nCommittee on Resources of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a general \nmanagement plan for the park and shall implement such plan as soon as \npractically possible. The plan shall be prepared in accordance with \nsection 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and \nother applicable law.\n\nSEC. 206. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--Except as provided in subsection (b), there are \nauthorized to be appropriated such sums as may be necessary to carry \nout annual operations and maintenance with respect to the park.\n (b) Exceptions.--In carrying out this title--\n (1) not more than $2,000,000 may be appropriated for \n construction, restoration, and rehabilitation of visitor and \n interpretive facilities, and directional and visitor \n orientation signage;\n (2) none of the funds authorized to be appropriated by this \n title may be used for the operation or maintenance of the \n Schooner Ernestina; and\n (3) not more than $50,000 annually of Federal funds may be \n used for interpretive and educational programs for the Schooner \n Ernestina pursuant to cooperative grants under section 204(b).\n\n Passed the Senate May 2, 1996.\n\n Attest:\n\n KELLY D. JOHNSTON,\n\n Secretary.","summary":"TABLE OF CONTENTS: Title I: Nicodemus National Historic Site Title II: New Bedford National Historic Landmark District Title I: Nicodemus National Historic Site - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning. And (2) acquire certain real property in connection with the Site. Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. Title II: New Bedford National Historic Landmark District - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park. And (2) non-Federal funds matching Federal funds for visitor and interpretive facilities . Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.","title":"A bill to establish the Nicodemus National Historic Site and the New Bedford National Historic Landmark.","text_len":15494,"sum_len":1785} {"bill_id":"112_hr874","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Credit Expansion Act''.\n\nSEC. 2. ELIGIBILITY FOR FARM LOANS.\n\n (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm \nand Rural Development Act (7 U.S.C. 1922(a)) is amended--\n (1) by striking ``(a) In General.--The'' and inserting the \n following:\n ``(a) In General.--\n ``(1) Eligibility requirements.--The'';\n (2) in the 1st sentence, by inserting after ``limited \n liability companies'' the following: ``, and such other legal \n entities as the Secretary deems appropriate,'';\n (3) in the 2nd sentence, by redesignating clauses (1) \n through (4) as clauses (A) through (D), respectively;\n (4) in each of the 2nd and 3rd sentences, by striking ``and \n limited liability companies'' each place it appears and \n inserting ``limited liability companies, and such other legal \n entities''; and\n (5) by adding at the end the following:\n ``(2) Special deeming rules.--\n ``(A) Eligibility of certain operating-only \n entities.--An entity that is or will become only the \n operator of a family farm is deemed to meet the owner-\n operator requirements of paragraph (1) if the \n individuals that are the owners of the family farm own \n more than 50 percent (or such other percentage as the \n Secretary determines is appropriate) of the entity.\n ``(B) Eligibility of certain embedded entities.--An \n entity that is an owner-operator described in paragraph \n (1), or an operator described in subparagraph (A) of \n this paragraph that is owned, in whole or in part, by \n other entities, is deemed to meet the direct ownership \n requirement imposed under paragraph (1) if at least 75 \n percent of the ownership interests of each embedded \n entity of such entity is owned directly or indirectly \n by the individuals that own the family farm.''.\n (b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C. \n1924(c)) is amended by inserting after ``limited liability companies'' \nthe following: ``, or such other legal entities as the Secretary deems \nappropriate,''.\n (c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C. \n1941(a)) is amended--\n (1) by striking ``(a) In General.--The'' and inserting the \n following:\n ``(a) In General.--\n ``(1) Eligibility requirements.--The'';\n (2) in the 1st sentence, by inserting after ``limited \n liability companies'' the following: ``, and such other legal \n entities as the Secretary deems appropriate,'';\n (3) in the 2nd sentence, by redesignating clauses (1) \n through (4) as clauses (A) through (D), respectively;\n (4) in each of the 2nd and 3rd sentences, by striking ``and \n limited liability companies'' each place it appears and \n inserting ``limited liability companies, and such other legal \n entities''; and\n (5) by adding at the end the following:\n ``(2) Special deeming rule.--An entity that is an operator \n described in paragraph (1) that is owned, in whole or in part, \n by other entities, is deemed to meet the direct ownership \n requirement imposed under paragraph (1) if at least 75 percent \n of the ownership interests of each embedded entity of such \n entity is owned directly or indirectly by the individuals that \n own the family farm.''.\n (d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a)) \nis amended--\n (1) by striking ``owner-operators (in the case of loans for \n a purpose under subtitle A) or operators (in the case of loans \n for a purpose under subtitle B)'' each place it appears and \n inserting ``(in the case of farm ownership loans in accordance \n with subtitle A) owner-operators or operators, or (in the case \n of loans for a purpose under subtitle B) operators'';\n (2) by inserting after ``limited liability companies'' the \n 1st place it appears the following: ``, or such other legal \n entities as the Secretary deems appropriate''; and\n (3) by inserting after ``limited liability companies'' the \n 2nd place it appears the following: ``, or other legal \n entities'';\n (4) by striking ``and limited liability companies,'' and \n inserting ``limited liability companies, and such other legal \n entities'';\n (5) by striking ``ownership and operator'' and inserting \n ``ownership or operator''; and\n (6) by adding at the end the following: ``An entity that is \n an owner-operator or operator described in this subsection is \n deemed to meet the direct ownership requirement imposed under \n this subsection if the entity is owned, in whole or in part, by \n other entities and each individual that is an owner of the \n family farm involved has a direct or indirect ownership \n interest in each of the other entities.''.\n (e) Conforming Amendments.--\n (1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by \n striking ``paragraphs (1) and (2) of section 302(a)'' and \n inserting ``subparagraphs (A) and (B) of section 302(a)(1)''.\n (2) Section 310D of such Act (7 U.S.C. 1934) is amended--\n (A) by inserting after ``partnership'' the \n following: ``, or such other legal entities as the \n Secretary deems appropriate,''; and\n (B) by inserting after ``partners'' the following: \n ``, or owners,''.\n (3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) \n is amended--\n (A) by inserting after ``joint operation,'' the 1st \n place it appears the following: ``or such other legal \n entity as the Secretary deems appropriate,'';\n (B) by striking ``or joint operators'' each place \n it appears and inserting ``joint operators, or \n owners''; and\n (C) by inserting after ``joint operation,'' each \n other place it appears the following: ``or such other \n legal entity,''.\n (4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is \n amended by striking ``section 302(a)(2) or 311(a)(2)'' and \n inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.","summary":"Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities.","title":"To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.","text_len":6789,"sum_len":649} {"bill_id":"114_hr2201","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Warren Weinstein Hostage Rescue \nAct''.\n\nSEC. 2. NATIONAL SECURITY COUNCIL COMMITTEE ON HOSTAGE RECOVERY.\n\n (a) Establishment.--Section 101 of the National Security Act of \n1947 (50 U.S.C. 3021) is amended by adding at the end the following new \nsubsection:\n ``(m) Committee on Hostage Recovery.--(1) There is established \nwithin the National Security Council a committee to be known as the \nCommittee on Hostage Recovery (in this subsection referred to as the \n`Committee').\n ``(2) The Committee shall consist of the following members (or \ndesignees):\n ``(A) An individual who is appointed by the President to \n serve as chair of the Committee.\n ``(B) The Secretary of State.\n ``(C) The Secretary of the Treasury.\n ``(D) The Secretary of Defense.\n ``(E) The Attorney General.\n ``(F) The Director of the Federal Bureau of Investigation.\n ``(G) The Director of National Intelligence.\n ``(H) The Chairman of the Joint Chiefs of Staff.\n ``(I) The Assistant to the President for National Security \n Affairs.\n ``(3) The functions of the Committee shall include--\n ``(A) coordinating among the departments and agencies of \n the Federal Government and coordinating among the United States \n and the allies of the United States regarding retrieval of \n United States person hostages;\n ``(B) coordinating with the Interagency Fusion Cell on \n Hostage Recovery;\n ``(C) developing strategies and guidelines for hostage \n retrieval and analyzing all options and methods of rescue;\n ``(D) developing policies and procedures to effectively \n share information between departments and agencies of the \n Federal Government responsible for activities relating to \n hostage rescue; and\n ``(E) developing a strategy to keep family members of \n United States person hostages informed of the status of such \n hostages and inform such family members of updates, procedures, \n and policies that do not compromise the national security of \n the United States.\n ``(4) The chair of the Committee may not have duties or \nresponsibilities in the Federal Government other than such duties or \nresponsibilities relating to serving as the chair of the Committee.\n ``(5)(A) On a quarterly basis, the Committee shall submit to the \nappropriate congressional committees and the members of Congress \ndescribed in subparagraph (B) a report that includes a summary of--\n ``(i) the general activities of the Committee and the \n Interagency Fusion Cell on Hostage Recovery during the period \n covered by the report; and\n ``(ii) specific actions conducted during such period by the \n Committee and the Interagency Fusion Cell on Hostage Recovery \n with respect to United States person hostages.\n ``(B) The members of Congress described in this subparagraph are, \nwith respect to a United States person hostage covered by a report \nunder subparagraph (A), the Senators representing the State, and the \nMember, Delegate, or Resident Commissioner of the House of \nRepresentatives representing the district, that includes the United \nStates person hostage.\n ``(C) Each report under subparagraph (A) may be submitted in \nclassified form.\n ``(6) In this subsection:\n ``(A) The term `Interagency Fusion Cell on Hostage \n Recovery' means the Interagency Fusion Cell on Hostage Recovery \n established by section 119C of this Act.\n ``(B) The term `United States person hostage' means a \n citizen of the United States or an alien lawfully admitted for \n permanent residence (as defined in section 101(a)(20) of the \n Immigration and Nationality Act) who has been abducted or is \n suspected of having been abducted outside of the United States \n or is being held outside of the United States.''.\n (b) Sense of Congress.--It is the sense of Congress that the \nPresident should appoint a Special Advisor on Hostage Affairs who--\n (1) serves as the chair of the Committee on Hostage \n Recovery of the National Security Council;\n (2) has extensive experience in foreign policy, \n counterterrorism, and hostage recovery; and\n (3) serves (or the designee of the Special Advisor serves) \n as a primary liaison between the Federal Government and the \n family of a United States person hostage (as defined in \n subsection (m) of section 101 of the National Security Act of \n 1947 (50 U.S.C. 3021), as added by subsection (a) of this \n section).\n (c) Rule of Construction.--Nothing in this section, or the \namendment made by this section, shall be construed as authorizing the \nFederal Government to negotiate with a state sponsor of terrorism or an \norganization that the Secretary of State has designated as a foreign \nterrorist organization pursuant to section 219 of the Immigration and \nNationality Act (8 U.S.C. 1189).\n\nSEC. 3. INTERAGENCY GROUP ON HOSTAGES.\n\n (a) Establishment.--Title I of the National Security Act of 1947 \n(50 U.S.C. 3021 et seq.) is amended by adding at the end the following:\n\n``SEC. 119C. INTERAGENCY GROUP ON HOSTAGES.\n\n ``(a) Establishment.--There is established an interagency group on \nhostages to be known as the `Interagency Fusion Cell on Hostage \nRecovery'.\n ``(b) Director.--The chair of the Committee on Hostage Recovery \nestablished by section 101(m) of this Act shall serve as the director \nof the Interagency Fusion Cell on Hostage Recovery.\n ``(c) Duties.--The Interagency Fusion Cell on Hostage Recovery \nshall execute the strategies regarding hostage retrieval of the \nCommittee on Hostage Recovery.\n ``(d) Elements.--The Interagency Fusion Cell on Hostage Recovery \nshall be composed of officials of the following departments or agencies \nof the Federal Government who are proficient in hostage recovery \nstrategy:\n ``(1) The Department of State.\n ``(2) The Department of the Treasury.\n ``(3) The Department of Defense.\n ``(4) The Federal Bureau of Investigation.\n ``(5) The Office of the Director of National Intelligence.\n ``(e) Reporting.--The Interagency Fusion Cell on Hostage Recovery \nshall report to the Committee on Hostage Recovery.''.\n (b) Clerical Amendment.--The table of contents for such Act is \namended by inserting after the item relating to section 119B the \nfollowing new item:\n\n``Sec. 119C. Interagency group on hostages.''.","summary":"Warren Weinstein Hostage Rescue Act This bill amends the National Security Act of 1947 to establish: (1) the Committee on Hostage Recovery within the National Security Council (NSC), and (2) the Interagency Fusion Cell on Hostage Recovery which shall execute the Committee's hostage retrieval strategies. The Committee's functions shall include: coordinating retrieval of US hostages among federal departments and agencies and among the United States and its allies, coordinating with the Interagency Fusion Cell on Hostage Recovery, developing hostage retrieval strategies and guidelines, developing information sharing policies and procedures. And developing a strategy to keep family members of US hostages informed, and policies that do not compromise US national security. It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who: (1) serves as the chair of the NSC Committee on Hostage Recovery, (2) has extensive foreign policy, counterterrorism, and hostage recovery experience, and. (3) serves as a primary liaison between the federal government and the family of a US hostage. Nothing in this Act shall be construed as authorizing the federal government to negotiate with a state sponsor of terrorism or a foreign terrorist organization.","title":"Warren Weinstein Hostage Rescue Act","text_len":6753,"sum_len":1293} {"bill_id":"109_hr6272","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhanced Emergency and Enforcement \nAuthority Act''.\n\nSEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY.\n\n Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. \n78l(k) is amended--\n (1) in paragraph (2)(A)(iii)--\n (A) in subclause (I), by striking ``; or'' and \n inserting a semicolon;\n (B) in subclause (II), by striking the period and \n inserting ``; or''; and\n (C) by inserting after subclause (II) the \n following:\n ``(III) the ability of investors, \n issuers, brokers or dealers, transfer \n agents, investment advisers, or other \n market participants to conduct \n securities activities or comply with \n filing, reporting, delivery, or other \n obligations under the securities laws \n in a timely, orderly, or efficient \n manner.''; and\n (2) in paragraph (7)(A)(ii)--\n (A) in subclause (I), by striking ``; or'' and \n inserting a semicolon;\n (B) in subclause (II), by striking ``; and'' and \n inserting ``; or''; and\n (C) by inserting after subclause (II) the \n following:\n ``(III) the ability of investors, \n issuers, brokers or dealers, transfer \n agents, investment advisers, or other \n market participants to conduct \n securities activities or comply with \n filing, reporting, delivery, or other \n obligations under the securities laws \n in a timely, orderly, or efficient \n manner; and''.\n\nSEC. 3. NATIONWIDE SERVICE OF PROCESS.\n\n (a) Securities Act of 1933.--Section 22(a) of the Securities Act of \n1933 (15 U.S.C. 77v(a)) is amended by inserting after the second \nsentence the following: ``In any action or proceeding instituted by the \nCommission under this title in a United States district court for any \njudicial district, subpoenas issued by or on behalf of such court to \ncompel the attendance of witnesses or the production of documents or \ntangible things (or both) may be served in any other district. Such \nsubpoenas may be served and enforced without application to the court \nor a showing of cause, notwithstanding the provisions of rule 45(b)(2), \n(c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil \nProcedure.''.\n (b) Securities Exchange Act of 1934.--Section 27 of the Securities \nExchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the \nthird sentence the following: ``In any action or proceeding instituted \nby the Commission under this title in a United States district court \nfor any judicial district, subpoenas issued by or on behalf of such \ncourt to compel the attendance of witnesses or the production of \ndocuments or tangible things (or both) may be served in any other \ndistrict. Such subpoenas may be served and enforced without application \nto the court or a showing of cause, notwithstanding the provisions of \nrule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules \nof Civil Procedure.''.\n (c) Investment Company Act of 1940.--Section 44 of the Investment \nCompany Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after \nthe fourth sentence the following: ``In any action or proceeding \ninstituted by the Commission under this title in a United States \ndistrict court for any judicial district, subpoenas issued by or on \nbehalf of such court to compel the attendance of witnesses or the \nproduction of documents or tangible things (or both) may be served in \nany other district. Such subpoenas may be served and enforced without \napplication to the court or a showing of cause, notwithstanding the \nprovisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the \nFederal Rules of Civil Procedure.''.\n (d) Investment Advisers Act of 1940.--Section 214 of the Investment \nAdvisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after \nthe third sentence the following: ``In any action or proceeding \ninstituted by the Commission under this title in a United States \ndistrict court for any judicial district, subpoenas issued by or on \nbehalf of such court to compel the attendance of witnesses or the \nproduction of documents or tangible things (or both) may be served in \nany other district. Such subpoenas may be served and enforced without \napplication to the court or a showing of cause, notwithstanding the \nprovisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the \nFederal Rules of Civil Procedure.''.","summary":"Enhanced Emergency and Enforcement Authority Act - Amends the Securities Exchange Act of 1934 to empower the Securities and Exchange Commission (SEC) to reduce, eliminate, or prevent substantial disruption by an emergency of the ability of market participants to conduct securities activities or comply with obligations under the securities laws in a timely, orderly, or efficient manner. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to provide that, in any action or proceeding instituted by the SEC in federal district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things may be served in any other district .","title":"To provide additional emergency and enhanced enforcement authority to the Securities and Exchange Commission.","text_len":5120,"sum_len":792} {"bill_id":"107_s1837","text":"SECTION 1. ESTABLISHMENT OF BOARD OF INQUIRY.\n\n (a) Establishment.--There is hereby established the Board of \nInquiry into the September 11, 2001, Terrorist Attacks (in this Act \nreferred to as the ``Board'').\n (b) Membership.--\n (1) Composition.--The Board shall be composed of 12 members \n of whom--\n (A) four shall be appointed by the President;\n (B) two shall be appointed by the Majority Leader \n of the Senate, of whom--\n (i) one shall be a Senator; and\n (ii) one shall be from private life;\n (C) two shall be appointed by the Minority Leader \n of the Senate, of whom--\n (i) one shall be a Senator; and\n (ii) one shall be from private life;\n (D) two shall be appointed by the Speaker of the \n House of Representatives, of whom--\n (i) one shall be a Member of the House of \n Representatives; and\n (ii) one shall be from private life; and\n (E) two shall be appointed by the Minority Leader \n of the House of Representatives, of whom--\n (i) one shall be a Member of the House of \n Representatives; and\n (ii) one shall be from private life.\n (2) Qualifications of individuals appointed from private \n life.--The members of the Board appointed from private life \n under paragraph (1) shall be individuals who have demonstrated \n ability and accomplishment in government, business, law, higher \n education, or another appropriate profession and who have a \n substantial background in national security matters.\n (3) Date.--The appointments of the members of the Board \n shall be made not later than thirty days after the date of the \n enactment of this Act.\n (c) Period of Appointment; Vacancies.--Members of the Board shall \nbe appointed for the life of the Board. Any vacancy in the Board shall \nnot affect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Chairman and Vice Chairman.--The Board shall select a Chairman \nand Vice Chairman from among its members.\n (e) Meetings.--\n (1) In general.--The Board shall meet at the call of the \n Chairman.\n (2) Initial meeting.--Not later than fifteen days after the \n date on which all members of the Board have been appointed, the \n Board shall hold its first meeting.\n (f) Quorum.--A majority of the members of the Board shall \nconstitute a quorum, but a lesser number of members may hold hearings, \ntake testimony, or receive evidence.\n\nSEC. 2. DUTIES OF BOARD.\n\n The Board shall conduct a thorough study of matters relating to the \nSeptember 11, 2001, terrorist attacks on the World Trade Centers in New \nYork and the Pentagon, and the hijackings which proceeded the attacks, \nto determine what systemic problems in the collection, analysis, or \ndissemination of intelligence, or other systemic problems in the \nintelligence, law enforcement, and other elements of the Federal \nGovernment with responsibility for intelligence-related matters or \ncounter-terrorism, need to be corrected to prevent further terrorist \nattacks on the United States.\n\nSEC. 3. REPORTS.\n\n (a) Initial Report on Plan for Work.--Not later than 30 days after \nthe first meeting of the Board under section 1, the Board shall submit \nto Congress a report setting for a plan for the work of the Board under \nthis Act.\n (b) Preliminary Report.--Not later than six months after the date \nof the first meeting of the Board, the Board shall submit to Congress a \nreport on the work of the Board under this Act as of the date of such \nreport, together with any preliminary findings of the Board as of the \ndate of such report.\n (c) Final Report.--Not later than one year after the first meeting \nof the Board, the Board shall submit to Congress a final report on the \nwork of the Board under this Act. The report shall contain a detailed \nstatement of the findings and conclusions of the Board, together with \nits recommendations for such legislation and administrative actions as \nit considers appropriate.\n (d) Form of Reports.--Each report under this section shall be \nsubmitted in unclassified form, but may include a classified annex.\n\nSEC. 4. POWERS OF BOARD.\n\n (a) Hearings.--The Board or, at its direction, any subcommittee or \nmember of the Board may, for the purpose of carrying out this Act--\n (1) hold such hearings, sit and act at such times and \n places, take such testimony, receive such evidence, administer \n such oaths; and\n (2) require, by subpoena or otherwise, the attendance and \n testimony of such witnesses and the production of such books, \n records, correspondence, memoranda, papers, documents, tapes, \n and materials as the Board or such subcommittee or member \n considers advisable.\n (b) Issuance and Enforcement of Subpoenas.--\n (1) Issuance.--Subpoenas under subsection (a) shall be \n issued in accordance with such procedures as the Board shall \n establish, shall bear the signature of the Chairman of the \n Board, and shall be served by any person or class of persons \n designated by the Chairman for that purpose.\n (2) Enforcement.--In the case of contumacy or failure to \n obey a subpoena issued under subsection (a), the United States \n district court for the judicial district in which the \n subpoenaed person resides, is served, or may be found may issue \n an order requiring such person to appear at any designated \n place to testify or to produce documentary or other evidence. \n Any failure to obey the order of the court may be punished by \n the court as a contempt that court.\n (c) Witness Allowances and Fees.--Section 1821 of title 28, United \nStates Code, shall apply to witnesses requested or subpoenaed to appear \nat any hearing of the Board. The per diem and mileage allowances for \nwitnesses shall be paid from funds available to pay the expenses of the \nBoard.\n (d) Information From Federal Agencies.--The Board may secure \ndirectly from any Federal department or agency such information as the \nBoard considers necessary to carry out this Act. Upon request of the \nChairman of the Board, the head of such department or agency shall \nfurnish such information to the Board.\n (e) Postal Services.--The Board may use the United States mails in \nthe same manner and under the same conditions as other departments and \nagencies of the Federal Government.\n (f) Gifts.--The Board may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 5. PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Board who is not \nan officer or employee of the Federal Government shall be compensated \nat a rate equal to the daily equivalent of the annual rate of basic pay \nprescribed for level IV of the Executive Schedule under section 5315 of \ntitle 5, United States Code, for each day (including travel time) \nduring which such member is engaged in the performance of the duties of \nthe Board. All members of the Board who are officers or employees of \nthe United States shall serve without compensation in addition to that \nreceived for their services as officers or employees of the United \nStates.\n (b) Travel Expenses.--The members of the Board shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for employees of agencies under subchapter I of chapter 57 \nof title 5, United States Code, while away from their homes or regular \nplaces of business in the performance of services for the Board.\n (c) Staff.--\n (1) In general.--The Chairman of the Board may, without \n regard to the civil service laws and regulations, appoint and \n terminate an executive director and such other additional \n personnel as may be necessary to enable the Board to perform \n its duties. The employment of an executive director shall be \n subject to confirmation by the Board.\n (2) Compensation.--The Chairman of the Board may fix the \n compensation of the executive director and other personnel \n without regard to chapter 51 and subchapter III of chapter 53 \n of title 5, United States Code, relating to classification of \n positions and General Schedule pay rates, except that the rate \n of pay for the executive director and other personnel may not \n exceed the rate payable for level V of the Executive Schedule \n under section 5316 of such title.\n (d) Security Clearances.--\n (1) Requirement for access to classified information.--\n Members and staff of the Board may not have access to \n classified information unless such individuals possess a \nsecurity clearance appropriate for access to such information.\n (2) Expedited investigations.--The Attorney General shall \n take appropriate actions to ensure that the investigation \n required to issue a security clearance appropriate for the work \n of the Board to any member of the Board appointed from private \n life who does not possess such security clearance is completed \n not later than 60 days after the date of the appointment of \n such member to the Board.\n (e) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Board without reimbursement, and such \ndetail shall be without interruption or loss of civil service status or \nprivilege.\n (f) Procurement of Temporary and Intermittent Services.--The \nChairman of the Board may procure temporary and intermittent services \nunder section 3109(b) of title 5, United States Code, at rates for \nindividuals which do not exceed the daily equivalent of the annual rate \nof basic pay prescribed for level V of the Executive Schedule under \nsection 5316 of such title.\n\nSEC. 6. APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.\n\n (a) Laws Relating to Classified Information.--All laws, executive \norders, regulations, and other rules governing the protection of \nclassified information, including laws, executive orders, regulations, \nand other rules prohibiting the unauthorized release of classified \ninformation, shall apply to the members and staff of the Board with \nrespect to any information obtained, examined, or otherwise reviewed by \nthe Board under this Act.\n (b) FACA.--The provisions of the Federal Advisory Committee Act (5 \nU.S.C. App.) shall not apply to the activities of the Board under this \nAct.\n (c) Records Laws.--\n (1) FOIA.--Subject to paragraph (2), the provisions of \n section 552 of title 5, United States Code (commonly referred \n to as the ``Freedom of Information Act''), shall not apply to \n the activities of the Board under this Act.\n (2) Limitation.--Upon transfer to the National Archives and \n Records Administration, any records, documents, or other papers \n of the Board shall be subject to the provisions of section 552 \n of title 5, United States Code.\n (3) Federal records act.--The provisions of title 44, \n United States Code, shall apply to the records, documents, and \n other papers of the Board under this Act.\n\nSEC. 7. TERMINATION OF BOARD.\n\n The Board shall terminate 30 days after the date on which the Board \nsubmits its final report under section 3(c).\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated $1,500,000 \nfor fiscal year 2002 to the Board to carry out this Act.\n (b) Availability.--Any sums appropriated under the authorization of \nappropriations in subsection (a) shall remain available, without fiscal \nyear limitation, until expended.","summary":"Establishes the Board of Inquiry into the September 11, 2001, Terrorist Attacks. Directs the Board to study matters relating to the attacks on the World Trade Centers in New York and the Pentagon and the hijackings which preceded the attacks to determine what systemic problems in the collection, analysis, or dissemination of intelligence or in the intelligence, law enforcement, and other elements of the Government with responsibility for intelligence-related matters or counter-terrorism need to be corrected to prevent further attacks.","title":"A bill to establish a board if inquiry to review the activities of United States intelligence, law enforcement, and other agencies leading up to the terrorist attacks of September 11, 2001.","text_len":12212,"sum_len":540} {"bill_id":"111_hr5400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veteran Employment Transition Act of \n2010''.\n\nSEC. 2. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED \n VETERANS.\n\n (a) In General.--Subparagraph (A) of section 51(d)(3) of the \nInternal Revenue Code of 1986 is amended by striking ``means any \nveteran'' and all that follows and inserting ``means any recently \ndischarged veteran and any disadvantaged veteran.''\n (b) Recently Discharged Veteran; Disadvantaged Veteran.--Paragraph \n(3) of section 51(d) of the Internal Revenue Code of 1986 is amended--\n (1) by redesignating subparagraphs (B) and (C) as \n subparagraphs (D) and (E), respectively, and\n (2) by inserting after subparagraph (A) the following new \n subparagraphs:\n ``(B) Recently discharged veteran.--For purposes of \n subparagraph (A), the term `recently discharged \n veteran' means--\n ``(i) any individual who has served on \n active duty (other than active duty for \n training) in the Armed Forces of the United \n States for more than 180 total days (whether \n consecutive or not),\n ``(ii) any individual who has been \n discharged or released from active duty in the \n Armed Forces of the United States for a \n service-connected disability, and\n ``(iii) any member of the National Guard \n who has served for more than 180 total days \n (whether consecutive or not) of--\n ``(I) active duty (within the \n meaning of title 32, United States \n Code) other than for training,\n ``(II) full-time National Guard \n duty (within the meaning of such title \n 32) other than for training,\n ``(III) duty, other than inactive \n duty or duty for training, in State \n status (within the meaning of such \n title 32), or\n ``(IV) any combination of duty \n described in subclause (I), (II), or \n (III),\n who has been discharged or released from such duty at \n any time during the 5-year period ending on the hiring \n date. Such term shall not include any unemployed \n veteran who begins work for the employer before the \n date of the enactment of the Veteran Employment \n Transition Act of 2010.\n ``(C) Disadvantaged veteran.--For purposes of \n subparagraph (A), the term `disadvantaged veteran' \n means any veteran who is certified by the designated \n local agency as--\n ``(i) being a member of a family receiving \n assistance under a supplemental nutrition \n assistance program under the Food and Nutrition \n Act of 2008 for at least a 3-month period \n ending during the 12-month period ending on the \n hiring date, or\n ``(ii) entitled to compensation for a \n service-connected disability, and--\n ``(I) having a hiring date which is \n not more than 1 year after having been \n discharged or released from active duty \n in the Armed Forces of the United \n States, or\n ``(II) having aggregate periods of \n unemployment during the 1-year period \n ending on the hiring date which equal \n or exceed 6 months.''.\n (c) Conforming Amendments.--Section 51 of the Internal Revenue Code \nof 1986 is amended--\n (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of \n subsection (b) and inserting ``(d)(3)(C)(ii)'',\n (2) by striking ``For purposes of subparagraph (A)'' each \n place it appears in subparagraphs (D) and (E) of subsection \n (d)(3), as redesignated by subsection (b), and inserting ``For \n purposes of subparagraph (C)'',\n (3) by adding at the end of paragraph (13) of subsection \n (d) the following new subparagraph:\n ``(D) Pre-screening of recently discharged \n veterans.--\n ``(i) In general.--For purposes of \n subparagraph (A), the term `pre-screening \n notice' shall include any documentation \n provided to an individual by the Department of \n Defense or the National Guard upon release or \n discharge from the Armed Forces or from service \n in the National Guard which includes \n information sufficient to establish that such \n individual is a recently discharged veteran.\n ``(ii) Additional certification not \n required.--Subparagraph (A) shall be applied \n without regard to clause (ii)(II) thereof in \n the case of a recently discharged veteran who \n provides to the employer documentation \n described in clause (i).'',\n (4) by inserting ``who begins work for the employer after \n December 31, 2008, and before the date of the enactment of the \n Veteran Employment Transition Act of 2010,'' after ``Any \n unemployed veteran'' in subparagraph (A) of subsection (d)(14), \n and\n (5) by inserting a comma after ``during 2009 or 2010'' in \n subparagraph (A) of subsection (d)(14).\n (d) Effective Date.--The amendments made by subsections (a), (b), \nand (c) shall apply to individuals whose hiring date (as defined in \nsection 51(d)(11) of the Internal Revenue Code of 1986) is on or after \nthe date of the enactment of this Act.\n (e) Department of Defense Documentation.--\n (1) In general.--The Department of Defense and the National \n Guard, as applicable, shall provide--\n (A) to each individual who is discharged or \n released from active duty in the Armed Forces of the \n United States on or after the date of the enactment of \n this Act; and\n (B) to each member of the National Guard who is \n released from duty described in section \n 51(d)(3)(B)(iii) of the Internal Revenue Code of 1986 \n (as added by this Act) on or after the date of the \n enactment of this Act;\n in addition to the documentation which, without regard to this \n subsection, is provided at the time of such discharge or \n release, documentation described in paragraph (4). If the \n documentation which is provided without regard to this \n subsection at the time of the discharge or release described in \n the preceding sentence does not include information sufficient \n to satisfy the requirements of section 51(d)(13)(D)(i) of the \n Internal Revenue Code of 1986 (as added by this Act), the \n Department of Defense or the National Guard, whichever is \n applicable, shall provide additional documentation which \n includes such information.\n (2) Informational briefing.--In the case of an individual \n who is discharged or released from duty described in \n subparagraph (A) or (B) of paragraph (1) after the date of the \n enactment of this Act, the Department of Defense or the \n National Guard, whichever is applicable, shall provide a \n briefing to such individual before or at the time of such \n discharge or release to inform such individual of the credit \n for employment of recently discharged veterans under section 51 \n of the Internal Revenue Code of 1986.\n (3) Request for documentation.--The Department of Defense \n or the National Guard, whichever is applicable, shall provide \n upon request the documentation described in paragraph (1) to \n any individual who is discharged or released from duty \n described in subparagraph (A) or (B) of paragraph (1) during \n the 5-year period preceding and including the date of the \n enactment of this Act.\n (4) Instructions for use of work opportunity credit.--The \n documentation described in this paragraph is a document which \n includes--\n (A) instructions for an individual to ensure \n treatment as a recently discharged veteran for purposes \n of section 51(d)(3)(B) of the Internal Revenue Code of \n 1986 (as added by this Act),\n (B) instructions for employers detailing the use of \n the credit under such section 51 with respect to such \n individual, and\n (C) the dates during which the credit under such \n section 51 is available.\n Such instructions shall be developed in collaboration with the \n Internal Revenue Service.","summary":"Veteran Employment Transition Act of 2010 - Amends the Internal Revenue Code to revise the definition of qualified veteran for purposes of the work opportunity tax credit to mean recently discharged veterans and disadvantaged veterans. Defines recently discharged veteran to mean: (1) any individual who has served on active duty in the Armed Forces for more than 180 total days. (2) any individual who has been discharged or released from active duty for a service-connected disability. And (3) any member of the National Guard who has served for more than 180 total days in active duty, full-time National Guard duty, or duty in state status. Defines disadvantaged veteran as any veteran who is certified as being a member of a family receiving assistance under a supplemental nutrition assistance program and is entitled to compensation for a service-connected disability. Requires the Department of Defense (DOD) and the National Guard to inform military personnel who are discharged or released from active duty of the work opportunity tax credit and provide them with documentation relating to eligibility for and use of such credit.","title":"To amend the Internal Revenue Code of 1986 to extend the work opportunity credit to certain recently discharged veterans.","text_len":9931,"sum_len":1139} {"bill_id":"113_hr2607","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caroline Pryce Walker Conquer \nChildhood Cancer Reauthorization Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) Every year, 13,500 children in the United States are \n diagnosed with cancer.\n (2) While the cure rates for some childhood cancers are now \n over 80 percent, the survival rates for many types of cancers \n in children remain extremely low.\n (3) According to the Centers for Disease Control and \n Prevention, cancer continues to be the leading cause of death \n by disease in children and adolescents under the age of 14.\n (4) There are currently more than 360,000 childhood cancer \n survivors living in the United States.\n (5) As many as two-thirds of childhood cancer survivors \n experience at least one long-term health effect of their cancer \n treatment, including secondary malignancies, cardiopulmonary \n damage, physical and intellectual developmental impairments, \n endocrine disorders, and others.\n (6) Collection of biospecimens and clinical and demographic \n data on the maximum possible number of children with cancer in \n the United States is necessary to improve childhood cancer \n treatments and cures. Currently biospecimens and some \n demographic data are collected for less than half of children \n with cancer.\n\nSEC. 3. COMPREHENSIVE CHILDREN'S CANCER BIOREPOSITORIES.\n\n (a) In General.--Section 417E of the Public Health Service Act (42 \nU.S.C. 285a-11) is amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (k) and (l), respectively;\n (2) by striking subsections (a) and (b) and inserting the \n following:\n ``(a) Comprehensive Children's Cancer Biorepositories.--The \nSecretary, acting through the Director of NIH, may make an award for a \nduration of at least 5 years to an entity or entities described in \nsubsection (d) to build upon existing initiatives to collect \nbiospecimens and clinical and demographic information for at least 90 \npercent of all children, adolescents, and young adults with cancer in 1 \nor more Comprehensive Children's Cancer Biorepositories to achieve a \nbetter understanding of the cause of such cancers and the effects of \ntreatments for such cancers.\n ``(b) Use of Funds.--Amounts received under the award under \nsubsection (a) may be used to carry out the following:\n ``(1) Prospectively acquire, preserve, and store high-\n quality, donated biospecimens and associated clinical and \n demographic information on children, adolescents, and young \n adults diagnosed with cancer in the United States.\n ``(2) Maintain a secure searchable database on stored \n biospecimens and associated clinical and demographic data from \n children, adolescents, and young adults with cancer for the \n conduct of research by scientists and qualified health care \n professionals.\n ``(3) Establish procedures for evaluating applications for \n access to such biospecimens and clinical and demographic data \n from researchers and other qualified health care professionals.\n ``(4) Make available and distribute biospecimens and \n clinical and demographic data from children, adolescents, and \n young adults with cancer to researchers and qualified health \n care professionals for peer-reviewed research at a minimal \n cost.\n ``(c) No Requirement.--No child, adolescent, or young adult with \ncancer shall be required to contribute a specimen to a Biorepository or \nshare clinical or demographic data.\n ``(d) Application; Considerations.--\n ``(1) Application.--To be eligible to receive an award \n under subsection (a) an entity shall submit an application to \n the Secretary at such a time, in such a manner, and containing \n such information as the Secretary may reasonably require.\n ``(2) Considerations.--In evaluating the applications in \n paragraph (1), the Secretary shall consider the existing \n infrastructure of the entity that would allow for the timely \n capture of biospecimens and related clinical and demographic \n information for children, adolescents, and young adults with \n cancer.\n ``(e) Privacy Protections; Consent.--\n ``(1) In general.--The Secretary may not make an award \n under subsection (a) to an entity unless the Secretary ensures \n that such entity--\n ``(A) collects biospecimens and associated clinical \n and demographic information from children with \n appropriate permission from parents or legal guardians \n in accordance with Federal and State law; and\n ``(B) adheres to strict confidentiality to protect \n the identity and privacy of patients in accordance with \n Federal and State law.\n ``(2) Consent.--The Secretary shall establish an \n appropriate process for achieving consent from the patient, \n parent, or legal guardian.\n ``(f) Single Point of Access; Standard Data; Guidelines and \nOversight.--\n ``(1) Single point of access.--The Secretary shall ensure \n that a Biorepository established under subsection (a) has \n electronically searchable data for use by researchers and other \n qualified health care professionals in the manner and to the \n extent defined by the Secretary.\n ``(2) Standard data.--The Secretary shall require all \n recipients of an award under this section to make available a \n standard dataset for the purposes of paragraph (1) in a \n standard electronic format that enables researchers and \n qualified health care professionals to search.\n ``(3) Guidelines and oversight.--The Secretary shall \n develop and disseminate appropriate guidelines for the \n development and maintenance of the biorepositories authorized \n under this section, including appropriate oversight.\n ``(g) Definitions.--\n ``(1) Award.--The term `award' includes a grant, contract, \n cooperative agreement, or other mechanism determined by the \n Secretary.\n ``(2) Biospecimen.--The term `biospecimen' includes--\n ``(A) solid tumor tissue or bone marrow;\n ``(B) normal or control tissue;\n ``(C) blood\/plasma;\n ``(D) DNA and RNA extractions;\n ``(E) familial DNA; and\n ``(F) any other sample required by the Secretary.\n ``(3) Clinical and demographic information.--The term \n `clinical and demographic information' shall include--\n ``(A) date of diagnosis;\n ``(B) age at diagnosis;\n ``(C) patient's gender, race and ethnicity;\n ``(D) extent of disease at enrollment;\n ``(E) site of metastases;\n ``(F) location of primary tumor coded;\n ``(G) histologic diagnosis;\n ``(H) tumor marker data when available;\n ``(I) treatment and outcome data;\n ``(J) information related to specimen quality; and\n ``(K) any other information required by the \n Secretary.\n ``(h) Coordination.--The Secretary shall ensure that clinical and \ndemographic information collected in accordance with this section is \ncollected in coordination with the information collected under section \n399E-1.\n ``(i) Prohibition on Use of Funds.--Funds made available under this \nsection shall not be used to acquire, preserve, or maintain a \nbiospecimen collected from a patient if such activity is already \ncovered by funds available from the National Cancer Institute for such \npurpose.\n ``(j) Report.--Not later than 4 years after the date of enactment \nof the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization \nAct, the Secretary shall submit to Congress a report on--\n ``(1) the number of biospecimens and corresponding clinical \n demographic data collected through the Comprehensive Children's \n Cancer Biorepositories established under subsection (a);\n ``(2) the number of biospecimens and corresponding clinical \n demographic data requested for use by researchers;\n ``(3) any barriers to the collection of biospecimens and \n corresponding clinical demographic data;\n ``(4) any barriers experienced by researchers or health \n care professionals in accessing the biospecimens and \n corresponding clinical demographic data necessary for use in \n research; and\n ``(5) any recommendations with respect to improving the \n Comprehensive Children's Cancer Biorepository program under \n this section.''; and\n (3) in subsection (l), as so redesignated--\n (A) by striking ``$30,000,000'' and inserting \n ``$10,000,000''; and\n (B) by striking ``2013'' and inserting ``2018''.\n (b) Improving Childhood Cancer Surveillance.--Section 399E-1 of the \nPublic Health Service Act (42 U.S.C. 280e-3a) is amended--\n (1) by redesignating subsection (b) as subsection (d); and\n (2) by striking subsection (a) and inserting the following:\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall award grants to \nState cancer registries to enhance and expand infrastructure to track \nthe epidemiology of cancer in children, adolescents, and young adults. \nSuch registries shall be updated to include each occurrence of such \ncancers within a period of time designated by the Secretary.\n ``(b) Activities.--The grants described in subsection (a) may be \nused for--\n ``(1) identifying, recruiting, and training all potential \n sources for reporting childhood, adolescent, and young adult \n cancer cases;\n ``(2) developing procedures to implement early inclusion of \n childhood, adolescent, and young adult cancer cases on State \n cancer registries through the use of electronic reporting;\n ``(3) purchasing infrastructure to support the early \n inclusion of childhood, adolescent, and young adult cancer \n cases on such registries;\n ``(4) submitting deidentified data to the Centers for \n Disease Control and Prevention for inclusion in a national \n database of childhood, adolescent, and young adult cancers; and\n ``(5) tracking the late effects of childhood, adolescent, \n and young adult cancers.\n ``(c) Coordination.--The Secretary shall ensure that information \ncollected through State cancer registries under this section is \ncollected in coordination with clinical and demographic information \ncollected under section 417E.''.\n\nSEC. 4. REPORT TO IMPROVE DEVELOPMENT OF NEW DRUGS AND BIOLOGIC \n PRODUCTS TO TREAT CHILDHOOD CANCERS.\n\n (a) In General.--Not later than 2 years after the date of enactment \nof this Act, the Comptroller General of the United States shall report \nto Congress on barriers to studying oncologic therapies in pediatric \npopulations under section 505B of the Federal Food, Drug, and Cosmetic \nAct (21 U.S.C. 355c).\n (b) Content.--The report under subsection (a) shall include--\n (1) an assessment of the feasibility of requiring studies \n for a pediatric oncologic indication under section 505B of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) if the \n therapeutic target of a drug or biologic product for an adult \n oncologic indication is highly relevant to any pediatric cancer \n to which it could apply;\n (2) recommendations to overcome any barriers identified in \n the report on how to improve research, development and access \n to new oncologic therapies for use in pediatric patients; and\n (3) an assessment of the potential impact of altering the \n exemption under subsection (k) of such section 505B.\n (c) Stakeholder Input.--The report under subsection (a) shall be \ndeveloped with input from relevant stakeholders.","summary":"Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data. And (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions.","title":"Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act","text_len":12613,"sum_len":2370} {"bill_id":"111_hr2110","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mobile Workforce State Income Tax \nFairness and Simplification Act''.\n\nSEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE \n INCOME.\n\n (a) In General.--No part of the wages or other remuneration earned \nby an employee who performs employment duties in more than one State \nshall be subject to income tax in any State other than--\n (1) the State of the employee's residence; and\n (2) the State within which the employee is present and \n performing employment duties for more than 30 days during the \n calendar year in which the income is earned.\n (b) Wages or Other Remuneration.--Wages or other remuneration \nearned in any calendar year are not subject to State income tax \nwithholding and reporting unless the employee is subject to income tax \nunder subsection (a). Income tax withholding and reporting under \nsubsection (a)(2) shall apply to wages or other remuneration earned as \nof the commencement date of duties in the State during the calendar \nyear.\n (c) Operating Rules.--For purposes of determining an employer's \nState income tax withholding and information return obligations--\n (1) an employer may rely on an employee's determination of \n the time expected to be spent by such employee in the States in \n which the employee will perform duties absent--\n (A) actual knowledge of fraud by the employee in \n making the estimate; or\n (B) collusion between the employer and the employee \n to evade tax;\n (2) if records are maintained by an employer recording the \n location of an employee for other business purposes, such \n records shall not preclude an employer's ability to rely on an \n employee's determination as set forth in paragraph (1); and\n (3) notwithstanding paragraph (2), if an employer, at its \n sole discretion, maintains a time and attendance system which \n tracks where the employee performs duties on a daily basis, \n data from the time and attendance system shall be used instead \n of the employee's determination as set forth in paragraph (1).\n (d) Definitions and Special Rules.--For purposes of this Act:\n (1) Day.--\n (A) An employee will be considered present and \n performing employment duties within a State for a day \n if the employee performs the preponderance of the \n employee's employment duties within such State for such \n day.\n (B) Notwithstanding subsection (d)(1)(A), if an \n employee performs material employment duties in a \n resident state and one nonresident state during one \n day, such employee will be considered to have performed \n the preponderance of the employee's employment duties \n in the nonresident state for such day.\n (C) For purposes of subsection (d)(1), the portion \n of the day the employee is in transit shall not apply \n in determining the location of an employee's \n performance of employment duties.\n (2) Employee.--The term ``employee'' shall be defined by \n the State in which the duties are performed, except that the \n term ``employee'' shall not include a professional athlete, \n professional entertainer, or certain public figures.\n (3) Professional athlete.--The term ``professional \n athlete'' means a person who performs services in a \n professional athletic event, provided that the wages or other \n remuneration are paid to such person for performing services in \n his or her capacity as a professional athlete.\n (4) Professional entertainer.--The term ``professional \n entertainer'' means a person who performs services in the \n professional performing arts for wages or other remuneration on \n a per-event basis, provided that the wages or other \n remuneration are paid to such person for performing services in \n his or her capacity as a professional entertainer.\n (5) Certain public figures.--The term ``certain public \n figures'' means persons of prominence who perform services for \n wages or other remuneration on a per-event basis, provided that \n the wages or other remuneration are paid to such person for \n services provided at a discrete event in the form of a speech, \n similar presentation or personal appearance.\n (6) Employer.--The term ``employer'' has the meaning given \n such term in section 3401(d) of the Internal Revenue Code of \n 1986 (26 U.S.C. 3401(d)) or shall be defined by the State in \n which the duties are performed.\n (7) State.--The term ``State'' means each of the several \n States of the United States.\n (8) Time and attendance system.--The term ``time and \n attendance system'' means a system where the employee is \n required on a contemporaneous basis to record his work location \n for every day worked outside of the state in which the \n employee's duties are primarily preformed and the employer uses \n this data to allocate the employee's wages between all taxing \n jurisdictions in which the employee performs duties.\n (9) Wages or other remuneration.--The term ``wages or other \n remuneration'' shall be defined by the State in which the \n employment duties are performed.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act shall be effective on January 1, 2011.","summary":"Mobile Workforce State Income Tax Fairness and Simplification Act - Limits state taxation of the wages or other remuneration of any employee who performs duties in more than one state to: (1) the state of the employee's residence. And (2) the state in which the employee is present and performing employment duties for more than 30 days. Exempts from the definition of employee for purposes of this Act a professional athlete or entertainer or certain public figures.","title":"To limit the authority of States to tax certain income of employees for employment duties performed in other States.","text_len":5811,"sum_len":467} {"bill_id":"105_s1408","text":"TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK.\n\nSEC. 101. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1)(A) immigration, and the resulting diversity of cultural \n influences, is a key factor in defining the identity of the United \n States; and\n (B) many United States citizens trace their ancestry to persons \n born in nations other than the United States;\n (2) the latter part of the 19th century and the early part of \n the 20th century marked a period in which the volume of immigrants \n coming to the United States far exceeded that of any time prior to \n or since that period;\n (3) no single identifiable neighborhood in the United States \n absorbed a comparable number of immigrants than the Lower East Side \n neighborhood of Manhattan in New York City;\n (4) the Lower East Side Tenement at 97 Orchard Street in New \n York City is an outstanding survivor of the vast number of humble \n buildings that housed immigrants to New York City during the \n greatest wave of immigration in American history;\n (5) the Lower East Side Tenement is owned and operated as a \n museum by the Lower East Side Tenement Museum;\n (6) the Lower East Side Tenement Museum is dedicated to \n interpreting immigrant life within a neighborhood long associated \n with the immigrant experience in the United States, New York City's \n Lower East Side, and its importance to United States history; and\n (7)(A) the Director of the National Park Service found the \n Lower East Side Tenement at 97 Orchard Street to be nationally \n significant; and\n (B) the Secretary of the Interior declared the Lower East Side \n Tenement a National Historic Landmark on April 19, 1994; and\n (C) the Director of the National Park Service, through a \n special resource study, found the Lower East Side Tenement suitable \n and feasible for inclusion in the National Park System.\n (b) Purposes.--The purposes of this title are--\n (1) to ensure the preservation, maintenance, and interpretation \n of this site and to interpret at the site the themes of \n immigration, tenement life in the latter half of the 19th century \n and the first half of the 20th century, the housing reform \n movement, and tenement architecture in the United States;\n (2) to ensure continued interpretation of the nationally \n significant immigrant phenomenon associated with New York City's \n Lower East Side and the Lower East Side's role in the history of \n immigration to the United States; and\n (3) to enhance the interpretation of the Castle Clinton, Ellis \n Island, and Statue of Liberty National Monuments.\n\nSEC. 102. DEFINITIONS.\n\n As used in this title:\n (1) Historic site.--The term ``historic site'' means the Lower \n East Side Tenement found at 97 Orchard Street on Manhattan Island \n in the City of New York, State of New York, and designated as a \n national historic site by section 103.\n (2) Museum.--The term ``Museum'' means the Lower East Side \n Tenement Museum, a nonprofit organization established in the City \n of New York, State of New York, which owns and operates the \n tenement building at 97 Orchard Street and manages other properties \n in the vicinity of 97 Orchard Street as administrative and program \n support facilities for 97 Orchard Street.\n (3) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n\nSEC. 103. ESTABLISHMENT OF HISTORIC SITE.\n\n (a) In General.--To further the purposes of this title and the Act \nentitled ``An Act to provide for the preservation of historic American \nsites, buildings, objects, and antiquities of national significance, \nand for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et \nseq.), the Lower East Side Tenement at 97 Orchard Street, in the City \nof New York, State of New York, is designated a national historic site.\n (b) Coordination With National Park System.--\n (1) Affiliated site.--The historic site shall be an affiliated \n site of the National Park System.\n (2) Coordination.--The Secretary, in consultation with the \n Museum, shall coordinate the operation and interpretation of the \n historic site with the Statue of Liberty National Monument, Ellis \n Island National Monument, and Castle Clinton National Monument. The \n historic site's story and interpretation of the immigrant \n experience in the United States is directly related to the themes \n and purposes of these National Monuments.\n (c) Ownership.--The historic site shall continue to be owned, \noperated, and managed by the Museum.\n\nSEC. 104. MANAGEMENT OF THE HISTORIC SITE.\n\n (a) Cooperative Agreement.--The Secretary may enter into a \ncooperative agreement with the Museum to ensure the marking, \ninterpretation, and preservation of the national historic site \ndesignated by section 103(a).\n (b) Technical and Financial Assistance.--The Secretary may provide \ntechnical and financial assistance to the Museum to mark, interpret, \nand preserve the historic site, including making preservation-related \ncapital improvements and repairs.\n (c) General Management Plan.--\n (1) In general.--The Secretary, in consultation with the \n Museum, shall develop a general management plan for the historic \n site that defines the role and responsibility of the Secretary with \n regard to the interpretation and the preservation of the historic \n site.\n (2) Integration with national monuments.--The plan shall \n outline how interpretation and programming for the historic site \n shall be integrated and coordinated with the Statue of Liberty \n National Monument, Ellis Island National Monument, and Castle \n Clinton National Monument to enhance the story of the historic site \n and these National Monuments.\n (3) Completion.--The plan shall be completed not later than 2 \n years after the date of enactment of this Act.\n (d) Limited Role of Secretary.--Nothing in this title authorizes \nthe Secretary to acquire the property at 97 Orchard Street or to assume \noverall financial responsibility for the operation, maintenance, or \nmanagement of the historic site.\n\nSEC. 105. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this title.\n\n TITLE II--OTHER MATTERS\n\nSEC. 201. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA.\n\n (a) Findings.--The Congress finds and declares that--\n (1) the Casa Malpais National Historic Landmark was occupied by \n one of the largest and most sophisticated Mogollon communities in \n the United States;\n (2) the landmark includes a 58-room masonry pueblo, including \n stairways, Great Kiva complex, and fortification walls, a \n prehistoric trail, and catacomb chambers where the deceased were \n placed;\n (3) the Casa Malpais was designated as a national historic \n landmark by the Secretary of the Interior in 1964; and\n (4) the State of Arizona and the community of Springerville are \n undertaking a program of interpretation and preservation of the \n landmark.\n (b) Purpose.--It is the purpose of this section to assist in the \npreservation and interpretation of the Casa Malpais National Historic \nLandmark for the benefit of the public.\n (c) Cooperative Agreements.--\n (1) In general.--In furtherance of the purpose of this section, \n the Secretary of the Interior is authorized to enter into \n cooperative agreements with the State of Arizona and the town of \n Springerville, Arizona, pursuant to which the Secretary may provide \n technical assistance to interpret, operate, and maintain the Casa \n Malpais National Historic Landmark and may also provide financial \n assistance for planning, staff training, and development of the \n Casa Malpais National Historic Landmark, but not including other \n routine operations.\n (2) Additional provisions.--Any such agreement may also contain \n provisions that--\n (A) the Secretary, acting through the Director of the \n National Park Service, shall have right to access at all \n reasonable times to all public portions of the property covered \n by such agreement for the purpose of interpreting the landmark; \n and\n (B) no changes or alterations shall be made in the landmark \n except by mutual agreement between the Secretary and the other \n parties to all such agreements.\n (d) Appropriations.--There are authorized to be appropriated such \nsums as may be necessary to provide financial assistance in accordance \nwith this section.\n SEC. 202. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE.\n Section 6 of the Act of October 15, 1966, entitled ``An Act to \nestablish in the State of Michigan the Pictured Rocks National \nLakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as \nfollows:\n (1) In subsection (b)(1) by striking ``including a scenic \n shoreline drive'' and inserting ``including appropriate \n improvements to Alger County Road H-58''.\n (2) By adding at the end the following new subsection:\n ``(c) Prohibition of Certain Construction.--A scenic shoreline \ndrive may not be constructed in the Pictured Rocks National \nLakeshore.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"TABLE OF CONTENTS: Title I: Lower East Side Tenement National Historic Site, New York Title II: Other Matters Title I: Lower East Side Tenement National Historic Site, New York - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments. Provides that the Site shall continue to own, operate, and manage the Lower East Side Tenement Museum. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary to develop a general management plan for the Site that: (1) defines the Secretary's role and responsibility with regard to the interpretation and preservation of the Site. And (2) outlines how interpretation and programming for the Site shall be integrated and coordinated with the Statute of Liberty, Ellis Island, and Castle Clinton National Monuments to enhance the story of the Site and Monuments. Authorizes appropriations. Title II: Other Matters - Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark. And (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. Authorizes appropriations. Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore.","title":"Lower East Side Tenement National Historic Site Act of 1998","text_len":9726,"sum_len":2273} {"bill_id":"114_hr3691","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Treatment for Pregnant and \nPostpartum Women Act of 2016''.\n\nSEC. 2. REAUTHORIZATION OF RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT \n AND POSTPARTUM WOMEN.\n\n Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is \namended--\n (1) in subsection (p), in the first sentence, by inserting \n ``(other than subsection (r))'' after ``section''; and\n (2) in subsection (r), by striking ``such sums'' and all \n that follows through ``2003'' and inserting ``$16,900,000 for \n each of fiscal years 2017 through 2021''.\n\nSEC. 3. PILOT PROGRAM GRANTS FOR STATE SUBSTANCE ABUSE AGENCIES.\n\n (a) In General.--Section 508 of the Public Health Service Act (42 \nU.S.C. 290bb-1) is amended--\n (1) by redesignating subsection (r), as amended by section \n 2, as subsection (s); and\n (2) by inserting after subsection (q) the following new \n subsection:\n ``(r) Pilot Program for State Substance Abuse Agencies.--\n ``(1) In general.--From amounts made available under \n subsection (s), the Director of the Center for Substance Abuse \n Treatment shall carry out a pilot program under which \n competitive grants are made by the Director to State substance \n abuse agencies to--\n ``(A) enhance flexibility in the use of funds \n designed to support family-based services for pregnant \n and postpartum women with a primary diagnosis of a \n substance use disorder, including opioid use disorders;\n ``(B) help State substance abuse agencies address \n identified gaps in services furnished to such women \n along the continuum of care, including services \n provided to women in nonresidential based settings; and\n ``(C) promote a coordinated, effective, and \n efficient State system managed by State substance abuse \n agencies by encouraging new approaches and models of \n service delivery.\n ``(2) Requirements.--In carrying out the pilot program \n under this subsection, the Director shall--\n ``(A) require State substance abuse agencies to \n submit to the Director applications, in such form and \n manner and containing such information as specified by \n the Director, to be eligible to receive a grant under \n the program;\n ``(B) identify, based on such submitted \n applications, State substance abuse agencies that are \n eligible for such grants;\n ``(C) require services proposed to be furnished \n through such a grant to support family-based treatment \n and other services for pregnant and postpartum women \n with a primary diagnosis of a substance use disorder, \n including opioid use disorders;\n ``(D) not require that services furnished through \n such a grant be provided solely to women that reside in \n facilities;\n ``(E) not require that grant recipients under the \n program make available through use of the grant all \n services described in subsection (d); and\n ``(F) consider not applying requirements described \n in paragraphs (1) and (2) of subsection (f) to \n applicants, depending on the circumstances of the \n applicant.\n ``(3) Required services.--\n ``(A) In general.--The Director shall specify a \n minimum set of services required to be made available \n to eligible women through a grant awarded under the \n pilot program under this subsection. Such minimum set--\n ``(i) shall include requirements described \n in subsection (c) and be based on the \n recommendations submitted under subparagraph \n (B); and\n ``(ii) may be selected from among the \n services described in subsection (d) and \n include other services as appropriate.\n ``(B) Stakeholder input.--The Director shall \n convene and solicit recommendations from stakeholders, \n including State substance abuse agencies, health care \n providers, persons in recovery from substance abuse, \n and other appropriate individuals, for the minimum set \n of services described in subparagraph (A).\n ``(4) Duration.--The pilot program under this subsection \n shall not exceed 5 years.\n ``(5) Evaluation and report to congress.--The Director of \n the Center for Behavioral Health Statistics and Quality shall \n fund an evaluation of the pilot program at the conclusion of \n the first grant cycle funded by the pilot program. The Director \n of the Center for Behavioral Health Statistics and Quality, in \n coordination with the Director of the Center for Substance \n Abuse Treatment shall submit to the relevant committees of \n jurisdiction of the House of Representatives and the Senate a \n report on such evaluation. The report shall include at a \n minimum outcomes information from the pilot program, including \n any resulting reductions in the use of alcohol and other drugs; \n engagement in treatment services; retention in the appropriate \n level and duration of services; increased access to the use of \n medications approved by the Food and Drug Administration for \n the treatment of substance use disorders in combination with \n counseling; and other appropriate measures.\n ``(6) State substance abuse agencies defined.--For purposes \n of this subsection, the term `State substance abuse agency' \n means, with respect to a State, the agency in such State that \n manages the Substance Abuse Prevention and Treatment Block \n Grant under part B of title XIX.''.\n (b) Funding.--Subsection (s) of section 508 of the Public Health \nService Act (42 U.S.C. 290bb-1), as amended by section 2 and \nredesignated by subsection (a), is further amended by adding at the end \nthe following new sentence: ``Of the amounts made available for a year \npursuant to the previous sentence to carry out this section, not more \nthan 25 percent of such amounts shall be made available for such year \nto carry out subsection (r), other than paragraph (5) of such \nsubsection. Notwithstanding the preceding sentence, no funds shall be \nmade available to carry out subsection (r) for a fiscal year unless the \namount made available to carry out this section for such fiscal year is \nmore than the amount made available to carry out this section for \nfiscal year 2016.''.\n\nSEC. 4. CUT-GO COMPLIANCE.\n\n Subsection (f) of section 319D of the Public Health Service Act (42 \nU.S.C. 247d-4) is amended by striking ``through 2018'' and inserting \n``through 2016, $133,300,000 for fiscal year 2017, and $138,300,000 for \nfiscal year 2018''.\n\n Passed the House of Representatives May 11, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on May 10, 2016. Improving Treatment for Pregnant and Postpartum Women Act of 2016 This bill amends the Public Health Service Act to extend support for residential substance abuse treatment programs for pregnant and postpartum women through FY2021. The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders . The Center for Behavioral Health Statistics and Quality must fund an evaluation of the pilot program. As an offset, the bill reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2017.","title":"Improving Treatment for Pregnant and Postpartum Women Act of 2016","text_len":7685,"sum_len":822} {"bill_id":"107_hr4586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfields Use Invigoration Land \nDevelopment Act''.\n\nSEC. 2. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES.\n\n The Small Business Act (15 U.S.C. 631 et seq.) is amended--\n (1) by redesignating section 36 as section 37; and\n (2) by inserting after section 35 the following new \n section:\n\n``SEC. 36. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED \n SITES.\n\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Remediated site.--The term `remediated site' means \n any real property with respect to which requirements under \n Federal or State law for remediation of hazardous substances, \n pollutants, and contaminants have been completed.\n ``(2) Low-income geographic area.--The term ``low-income \n geographic area'' means--\n ``(A) any population census tract (or in the case \n of an area that is not tracted for population census \n tracts, the equivalent county division, as defined by \n the Bureau of the Census of the Department of Commerce \n for purposes of defining poverty areas), if--\n ``(i) the poverty rate for that census \n tract is not less than 20 percent;\n ``(ii) in the case of a tract--\n ``(I) that is located within a \n metropolitan area, 50 percent or more \n of the households in that census tract \n have an income equal to less than 60 \n percent of the area median gross \n income; or\n ``(II) that is not located within a \n metropolitan area, the median household \n income for such tract does not exceed \n 80 percent of the statewide median \n household income; or\n ``(iii) as determined by the Administrator \n based on objective criteria, a substantial \n population of low-income individuals reside, an \n inadequate access to investment capital exists, \n or other indications of economic distress exist \n in that census tract; or\n ``(B) any area located within--\n ``(i) a HUBZone (as defined in section 3(p) \n of the Small Business Act and the implementing \n regulations issued under that section);\n ``(ii) an urban empowerment zone or urban \n enterprise community (as designated by the \n Secretary of Housing and Urban Development); or\n ``(iii) a rural empowerment zone or rural \n enterprise community (as designated by the \n Secretary of Agriculture).\n ``(b) Establishment.--In accordance with this section, the \nAdministrator may make grants to eligible entities to enable such \nentities to participate in the redevelopment of remediated sites.\n ``(c) Eligibility.--Each of the following entities is eligible to \nreceive assistance under this section:\n ``(1) A small business concern.\n ``(2) A locally based organization that represents small \n business concerns.\n ``(3) A local redevelopment agency that is chartered, \n established, or otherwise sanctioned by a State or by a local \n government.\n ``(d) Use of Funds.--Assistance made available under this section \nmay be used only--\n ``(1) for the development of plans for the reuse of a \n remediated site; or\n ``(2) to perform marketing analyses with respect to a \n remediated site.\n ``(e) Application.--An eligible entity seeking assistance made \navailable under this section shall submit to the Administrator an \napplication in such form as the Administrator may require.\n ``(f) Selection Criteria.--In selecting entities to receive \nassistance under this section, the Administrator shall consider each of \nthe following:\n ``(1) The ability of the entity to develop plans for the \n reuse of the remediated site and to perform marketing analyses \n with respect to the remediated site.\n ``(2) The extent to which the redevelopment of the \n remediated site proposed to be redeveloped by the entity would \n create jobs and other social and economic benefits to the local \n community and business opportunities for small business \n concerns.\n ``(3) The extent to which the entity's use of assistance \n will maximize the leveraging of private sector funds.\n ``(4) The extent to which the entity will use assistance to \n redevelop a remediated site located in a low-income geographic \n area.\n ``(g) Grant Amount.--Each grant award made under this section shall \nbe of sufficient size to carry out the goals of this section, but shall \nnot exceed $200,000.\n ``(h) Loss of Eligibility and Repayment.--If the Administrator \ndetermines that an entity receiving assistance made available under \nthis section violates any condition placed on the receipt of such \nassistance, the Administrator--\n ``(1) may make no additional assistance available to such \n entity under this section; and\n ``(2) may require the entity to repay, in whole or in part, \n the assistance made available to the entity under this section.\n ``(i) Report to Administrator.--Not later than 2 years after \nreceiving assistance made available under this section, each eligible \nentity receiving such assistance shall transmit to the Administrator a \nreport describing how the assistance was used.\n ``(j) Authorization of Appropriations.--\n ``(1) In general.--There is authorized to be appropriated \n the sum of $4,000,000 for each of fiscal years 2003 through \n 2005.\n ``(2) Availability.--Funds appropriated under paragraph (1) \n shall remain available until expended.''.\n\nSEC. 3. INCREASED PARTICIPATION LEVEL FOR LOANS TO SMALL BUSINESSES \n LOCATED ON REMEDIATED SITES.\n\n Clause (i) of section 7(a)(2)(A) of the Small Business Act (15 \nU.S.C. 636(a)(2)(A)) shall be applied by substituting ``90 percent'' \nfor ``75 percent'' and clause (ii) of such section shall be applied by \nsubstituting ``90 percent'' for ``85 percent'' in the case of any loan \nmade--\n (1) to a small business concern located or locating on a \n remediated site (as such term is defined in section 36(a)(1) of \n the Small Business Act (as amended by this Act)) with respect \n to which a grant has been made under such section; and\n (2) during the 5-year period beginning on the date that \n such grant is made.\n\nSEC. 4. FUNDING FROM DEVELOPMENT COMPANIES TO REDEVELOP REMEDIATED \n SITES.\n\n Section 501(d)(3) of the Small Business Investment Act of 1958 (15 \nU.S.C. 695(d)(3)) is amended--\n (1) in subparagraph (G), by striking ``or'';\n (2) in subparagraph (H), by striking the period and \n inserting ``, or''; and\n (3) by inserting after subparagraph (H) the following new \n subparagraph:\n ``(I) redevelopment of remediated sites (as defined \n in section 36(a)(1) of the Small Business Act).''.\n\nSEC. 5. EXEMPTION FROM OUTSTANDING LEVERAGE LIMITS FOR SBIC INVESTMENTS \n IN REMEDIATED SITES.\n\n Paragraphs (2)(C) and (4)(D) of section 303(b) of the Small \nBusiness Investment Act of 1958 (15 U.S.C. 683(b)) are amended by--\n (1) inserting ``or on a remediated site (as defined in \n section 36(a)(1) of the Small Business Act)'' after ``located \n in a low-income geographic area (as defined in section 351)''; \n and\n (2) by striking ``low-income'' in the headings of such \n paragraphs and inserting ``certain''.","summary":"Brownfields Use Invigoration Land Development Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make grants to a small business, a local organization that represents small businesses, or a local redevelopment agency chartered, established, or otherwise sanctioned by a State or local government to participate in the redevelopment of remediated sites . Sets a maximum per-grant limit of $200,000. Increases to 90 percent of the amount of the outstanding financing the level of SBA participation in guaranteed loans made to small businesses on a deferred basis for small businesses located or locating on a remedial site. Amends the Small Business Investment Act of 1958 to: (1) authorize the SBA to provide assistance to State development companies for projects for the redevelopment of remediated sites. And (2) exempt from current outstanding leverage limits small business investment company investments in remediated sites.","title":"To amend the Small Business Act and the Small Business Investment Act of 1958 to authorize grants and other assistance to promote the redevelopment of certain remediated sites.","text_len":8439,"sum_len":990} {"bill_id":"106_s1244","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Truth in Regulating Act of 1999''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) increase the transparency of important regulatory \n decisions;\n (2) promote effective congressional oversight to ensure \n that agency rules fulfill statutory requirements in an \n efficient, effective, and fair manner; and\n (3) increase the accountability of Congress and the \n agencies to the people they serve.\n\nSEC. 3. DEFINITIONS.\n\n In this Act, the term--\n (1) ``agency'' has the meaning given such term under \n section 551(1) of title 5, United States Code;\n (2) ``economically significant rule'' means any proposed or \n final rule, including an interim or direct final rule, that may \n have an annual effect on the economy of $100,000,000 or more or \n adversely affect in a material way the economy, a sector of the \n economy, productivity, competition, jobs, the environment, \n public health or safety, or State, local, or tribal governments \n or communities; and\n (3) ``independent analysis'' means a substantive review of \n the agency's underlying assessments and assumptions used in \n developing the regulatory action and whatever additional \n analysis the Comptroller General determines to be necessary.\n\nSEC. 4. PILOT PROJECT FOR REPORT ON RULES.\n\n (a) In General.--\n (1) Request of review.--When an agency develops or issues \n an economically significant rule, the Comptroller General of \n the United States may review the rule at the request of a \n committee of either House of Congress.\n (2) Report.--The Comptroller General shall submit a report \n on each economically significant rule selected under paragraph \n (4) to the committees of jurisdiction in each House of Congress \n not later than 180 calendar days after a committee request is \n received. The report shall include an independent analysis of \n the economically significant rule by the Comptroller General \n using any relevant data or analyses available to or generated \n by the General Accounting Office.\n (3) Independent analysis.--The independent analysis of the \n economically significant rule by the Comptroller General under \n paragraph (2) shall include--\n (A) an analysis of the potential benefits of the \n rule, including any beneficial effects that cannot be \n quantified in monetary terms and the identification of \n the persons or entities likely to receive the benefits;\n (B) an analysis of the potential costs of the rule, \n including any adverse effects that cannot be quantified \n in monetary terms and the identification of the persons \n or entities likely to bear the costs;\n (C) an analysis of alternative approaches that \n could achieve the statutory goal in a more cost-\n effective manner or that could provide greater net \n benefits, and, if applicable, a brief explanation of \n any reason why such alternatives could not be adopted;\n (D) an analysis of the extent to which the rule \n would affect State or local governments; and\n (E) a summary of how the results of the analysis of \n the Comptroller General differ, if at all, from the \n results of the analyses of the agency in promulgating \n the rule.\n (4) Procedures for priorities of requests.--The Comptroller \n General shall have discretion to develop procedures for \n determining the priority and number of requests for review \n under paragraph (1) for which a report will be submitted under \n paragraph (2).\n (b) Cooperation with Comptroller General.--Each agency shall \ncooperate with the Comptroller General by promptly providing the \nComptroller General with such records and information that the \nComptroller General determines necessary to carry out this Act.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the General Accounting \nOffice to carry out this Act $5,200,000 for each of fiscal years 2000 \nthrough 2002.\n\nSEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.\n\n (a) Effective Date.--This Act and the amendments made by this Act \nshall take effect 90 days after the date of enactment of this Act.\n (b) Duration of Pilot Project.--The pilot project under this Act \nshall continue for a period of 3 years, if in each fiscal year, or \nportion thereof included in that period, a specific annual \nappropriation not less than $5,200,000 or the pro-rated equivalent \nthereof shall have been made for the pilot project.\n (c) Report.--Before the conclusion of the 3-year period, the \nComptroller General shall submit to Congress a report reviewing the \neffectiveness of the pilot project and recommending whether or not \nCongress should permanently authorize the pilot project.","summary":"Truth in Regulating Act of 1999 - Allows the Comptroller General, when a Federal agency develops or issues an economically significant rule, to review the rule at the request of a committee of either House of Congress. Defines economically significant rule to mean any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Requires the Comptroller General to submit a report on each rule reviewed, including an independent analysis of the costs and benefits, alternative approaches, impact on State and local governments, and differences from the agency's analyses. Grants the Comptroller General discretion to develop procedures for determining the priority and number of requests for review. Authorizes appropriations for FY 2000 through 2002. Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently.","title":"Truth in Regulating Act of 1999","text_len":5286,"sum_len":1310} {"bill_id":"113_s1427","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Farmer Bankruptcy \nClarification Act of 2013''.\n\nSEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS \n ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER \n 12 BANKRUPTCIES.\n\n (a) In General.--Subchapter II of chapter 12 of title 11, United \nStates Code, is amended by adding at the end the following:\n``Sec. 1232. Claim by a governmental unit based on the disposition of \n property used in a farming operation\n ``(a) Any unsecured claim of a governmental unit against the debtor \nor the estate that arises before the filing of the petition, or that \narises after the filing of the petition and before the debtor's \ndischarge under section 1228, as a result of the sale, transfer, \nexchange, or other disposition of any property used in the debtor's \nfarming operation--\n ``(1) shall be treated as an unsecured claim arising before \n the date on which the petition is filed;\n ``(2) shall not be entitled to priority under section 507;\n ``(3) shall be provided for under a plan; and\n ``(4) shall be discharged in accordance with section 1228.\n ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and \n1229(b)(1) to a claim described in subsection (a) of this section, the \namount that would be paid on such claim if the estate of the debtor \nwere liquidated in a case under chapter 7 of this title shall be the \namount that would be paid by the estate in a chapter 7 case if the \nclaim were an unsecured claim arising before the date on which the \npetition was filed and were not entitled to priority under section 507.\n ``(c) For purposes of applying sections 523(a), 1228(a)(2), and \n1228(c)(2) to a claim described in subsection (a) of this section, the \nclaim shall not be treated as a claim of a kind specified in section \n523(a)(1).\n ``(d)(1) A governmental unit may file a proof of claim for a claim \ndescribed in subsection (a) that arises after the date on which the \npetition is filed.\n ``(2) If a debtor files a tax return after the filing of the \npetition for a period in which a claim described in subsection (a) \narises, and the claim relates to the tax return, the debtor shall serve \nnotice of the claim on the governmental unit charged with the \nresponsibility for the collection of the tax at the address and in the \nmanner designated in section 505(b)(1). Notice under this paragraph \nshall state that the debtor has filed a petition under this chapter, \nstate the name and location of the court in which the case under this \nchapter is pending, state the amount of the claim, and include a copy \nof the filed tax return and documentation supporting the calculation of \nthe claim.\n ``(3) If notice of a claim has been served on the governmental unit \nin accordance with paragraph (2), the governmental unit may file a \nproof of claim not later than 180 days after the date on which such \nnotice was served. If the governmental unit has not filed a timely \nproof of the claim, the debtor or trustee may file proof of the claim \nthat is consistent with the notice served under paragraph (2). If a \nproof of claim is filed by the debtor or trustee under this paragraph, \nthe governmental unit may not amend the proof of claim.\n ``(4) A claim filed under this subsection shall be determined and \nshall be allowed under subsection (a), (b), or (c) of section 502, or \ndisallowed under subsection (d) or (e) of section 502, in the same \nmanner as if the claim had arisen immediately before the date of the \nfiling of the petition.''.\n (b) Technical and Conforming Amendments.--\n (1) In general.--Subchapter II of chapter 12 of title 11, \n United States Code, is amended--\n (A) in section 1222(a)--\n (i) in paragraph (2), by striking \n ``unless--'' and all that follows through ``the \n holder'' and inserting ``unless the holder'';\n (ii) in paragraph (3), by striking ``and'' \n at the end;\n (iii) in paragraph (4), by striking the \n period at the end and inserting ``; and''; and\n (iv) by adding at the end the following:\n ``(5) subject to section 1232, provide for the treatment of \n any claim by a governmental unit of a kind described in section \n 1232(a).'';\n (B) in section 1228--\n (i) in subsection (a)--\n (I) in the matter preceding \n paragraph (1)--\n (aa) by inserting a comma \n after ``all debts provided for \n by the plan''; and\n (bb) by inserting a comma \n after ``allowed under section \n 503 of this title''; and\n (II) in paragraph (2), by striking \n ``the kind'' and all that follows and \n inserting ``a kind specified in section \n 523(a) of this title, except as \n provided in section 1232(c).''; and\n (ii) in subsection (c)(2), by inserting ``, \n except as provided in section 1232(c)'' before \n the period at the end; and\n (C) in section 1229(a)--\n (i) in paragraph (2), by striking ``or'' at \n the end;\n (ii) in paragraph (3), by striking the \n period at the end and inserting ``; or''; and\n (iii) by adding at the end the following:\n ``(4) provide for the payment of a claim described in \n section 1232(a) that arose after the date on which the petition \n was filed.''.\n (2) Table of sections.--The table of sections for \n subchapter II of chapter 12 of title 11, United States Code, is \n amended by adding at the end the following:\n\n``1232. Claim by a governmental unit based on the disposition of \n property used in a farming operation.''.\n (c) Effective Date.--The amendments made by this section shall \napply to any bankruptcy case that--\n (1) is pending on the date of enactment of this Act and \n relating to which an order of discharge under section 1228 of \n title 11, United States Code, has not been entered; or\n (2) commences on or after the date of enactment of this \n Act.","summary":"Family Farmer Bankruptcy Clarification Act of 2013 - Amends chapter 12 of federal bankruptcy law with respect to discharge of governmental claims based upon the disposition of property used in a farming operation. Treats any unsecured claim of a governmental unit against the debtor or debtor's estate as an unsecured debt , if it results from the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation and it arises either: (1) before the petition in bankruptcy is filed, or (2) after such filing but before the debtor's discharge. Authorizes a governmental unit to file a proof for a claim that arises after the date on which the petition is filed. Requires such debt to be discharged in accordance with specified discharge procedures. States that, for purposes of applying procedures governing plan confirmation, discharge, and modification after plan confirmation, the amount that would be paid on the claim if the estate were liquidated under chapter 7 shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and not entitled to priority payment status.","title":"Family Farmer Bankruptcy Clarification Act of 2013","text_len":6952,"sum_len":1215} {"bill_id":"105_s222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Drought Policy Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the United States often suffers serious economic and \n environmental losses from severe regional droughts and there is \n no coordinated Federal strategy to respond to such emergencies;\n (2) at the Federal level, even though historically there \n have been frequent, significant droughts of national \n consequences, drought is addressed mainly through special \n legislation and ad hoc action rather than through a systematic \n and permanent process as occurs with other natural disasters;\n (3) several Federal agencies have a role in drought from \n predicting, forecasting, and monitoring of drought conditions \n to the provision of planning, technical, and financial \n assistance;\n (4) there has never been one single Federal agency in a \n lead or coordinating role with regard to drought;\n (5) the State, local, and tribal governments have had to \n deal individually and separately with each Federal agency \n involved in drought assistance; and\n (6) the President should appoint an advisory commission to \n provide advice and recommendations on the creation of an \n integrated, coordinated Federal policy designed to prepare for \n and respond to serious drought emergencies.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the National Drought Policy Commission (hereafter in this Act \nreferred to as the ``Commission'').\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 14 \n members. The members of the Commission shall include--\n (A) the Secretary of Agriculture, or the designee \n of the Secretary, who shall serve as Chairperson of the \n Commission;\n (B) the Secretary of the Interior, or the designee \n of the Secretary;\n (C) the Secretary of the Army, or the designee of \n the Secretary;\n (D) the Secretary of Commerce, or the designee of \n the Secretary;\n (E) the Director of the Federal Emergency \n Management Agency, or the designee of the Director;\n (F) the Administrator of the Small Business \n Administration, or the designee of the Administrator;\n (G) two persons nominated by the National \n Governors' Association and appointed by the President, \n of whom--\n (i) one shall be the governor of a State \n east of the Mississippi River; and\n (ii) one shall be a governor of a State \n west of the Mississippi River;\n (H) a person nominated by the National Association \n of Counties and appointed by the President;\n (I) a person nominated by the United States \n Conference of Mayors and appointed by the President; \n and\n (J) four persons appointed by the Secretary of \n Agriculture who shall be representative of groups \n acutely affected by drought emergencies, such as the \n agricultural production community, the credit \n community, rural water associations, and Native \n Americans.\n (2) Date.--The appointments of the members of the \n Commission shall be made no later than 60 days after the date \n of enactment of this Act.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Initial Meeting.--No later than 30 days after the date on which \nall members of the Commission have been appointed, the Commission shall \nhold its first meeting.\n (e) Meetings.--The Commission shall meet at the call of the \nChairperson.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n (g) Vice Chairperson.--The Commission shall select a Vice \nChairperson from among the members who are not Federal officers or \nemployees.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n (a) Study and Report.--The Commission shall conduct a thorough \nstudy and submit a report on national drought policy, as provided under \nsubsection (c).\n (b) Content of Study and Report.--In conducting the study and \nreport, the Commission shall--\n (1) determine, in consultation with the National Drought \n Mitigation Center in Lincoln, Nebraska, what needs exist on the \n Federal, State, local, and tribal levels to prepare for and \n respond to drought emergencies;\n (2) review all existing Federal laws and programs relating \n to drought;\n (3) review those State, local, and tribal laws and programs \n relating to drought the Commission finds pertinent;\n (4) determine what differences exist between the needs of \n those affected by drought and the Federal laws and programs \n designed to mitigate the impacts of and respond to drought;\n (5) collaborate with the Western Drought Coordination \n Council in order to consider regional drought initiatives and \n the application of such initiatives at the national level;\n (6) make recommendations on how Federal drought laws and \n programs can be better integrated with ongoing State, local, \n and tribal programs into a comprehensive national policy to \n mitigate the impacts of and respond to drought emergencies \n without diminishing the rights of States to control water \n through State law; and\n (7) include a recommendation on whether all Federal drought \n preparation and response programs should be consolidated under \n one existing Federal agency and, if so, identify such agency.\n (c) Submission of Report.--\n (1) In general.--No later than 18 months after the date of \n enactment of this Act, the Commission shall submit a report to \n the President and the Committee on Governmental Affairs of the \n Senate and the Committee on Government Reform and Oversight of \n the House of Representatives which shall contain a detailed \n statement of the findings and conclusions of the Commission, \n together with its recommendations for such legislation and \n administrative actions as it considers appropriate.\n (2) Approval of report.--Before submission of the report, \n the contents of the report shall be approved by unanimous \n consent or majority vote. If the report is approved by majority \n vote, members voting not to approve the contents shall be given \n the opportunity to submit dissenting views with the report.\n\nSEC. 5. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers necessary to carry out the \npurposes of this Act.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon request of the Chairperson of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (d) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Commission who is \nnot an officer or employee of the Federal Government shall not be \ncompensated for service on the Commission, except as provided under \nsubsection (b). All members of the Commission who are officers or \nemployees of the United States shall serve without compensation in \naddition to that received for their services as officers or employees \nof the United States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (c) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (d) Administrative Support.--The Secretary of Agriculture shall \nprovide all financial, administrative, and staff support services for \nthe Commission.\n\nSEC. 7. TERMINATION OF THE COMMISSION.\n\n The Commission shall terminate 90 days after the date on which the \nCommission submits its report under section 4.\n\n Passed the Senate November 10, 1997.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"National Drought Policy Act of 1997 - Establishes the National Drought Policy Commission to conduct a thorough study and submit a specified report on national drought policy to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 90 days after the submission of such report.","title":"National Drought Policy Act of 1997","text_len":9803,"sum_len":494} {"bill_id":"114_hr4483","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gold King Mine Spill Accountability \nAct of 2016''.\n\nSEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PROTECTION AGENCY ROLE \n IN GOLD KING MINE SPILL.\n\n (a) Appointment.--Not later than 30 days after the date of \nenactment of this Act, the Attorney General shall appoint a special \ninvestigator, dedicated full time, to conduct an investigation in order \nto determine--\n (1) who was at fault for the Gold King Mine spill;\n (2) which individuals were responsible for the decisions \n that led to the spill; and\n (3) what downstream environmental effects were caused by \n the actions of the Environmental Protection Agency, or the \n Environmental Protection Agency's failure to take action, after \n the Gold King Mine spill.\n (b) Compensation From Environmental Protection Agency.--The special \ninvestigator shall be compensated for expenses incurred in the course \nof conducting the investigation under subsection (a) by amounts \nprovided in advance in appropriation Acts to the Administrator. The \nspecial investigator shall be paid at a rate not to exceed the rate of \nbasic pay for GS-14 of the General Schedule. If the special \ninvestigator is a full-time officer or employee of the United States, \nthe special investigator may not receive additional pay, allowances, or \nbenefits by reason of his or her service as a special investigator \nunder this section.\n (c) Authorities of Special Investigator.--\n (1) Staff.--The special investigator may appoint and fix \n the pay of additional personnel as the special investigator \n considers appropriate. Staff members appointed by the special \n investigator under this paragraph who are full-time officers or \n employees of the United States may not receive additional pay, \n allowances, or benefits by reason of their service to the \n special investigator.\n (2) Staff of federal agencies.--Upon the request of the \n special investigator, the head of any Federal department or \n agency may detail any of the personnel of that department or \n agency to assist the special investigator in carrying out his \n or her duties under this section.\n (3) Obtaining official data.--The special investigator may \n secure directly from any department or agency of the United \n States information necessary to enable the special investigator \n to carry out this section. Upon the request of the special \n investigator, the head of that department or agency shall \n furnish that information to the special investigator.\n (4) Subpoena power.--\n (A) In general.--The special investigator may issue \n subpoenas requiring the attendance and testimony of \n witnesses and the production of any evidence relating \n to any matter that the special investigator is \n empowered to investigate under this section. The \n attendance of witnesses and the production of evidence \n may be required from any place within the United States \n at any designated place of hearing within the United \n States.\n (B) Failure to obey a subpoena.--If a person \n refuses to obey a subpoena issued under subparagraph \n (A), the special investigator may apply to a United \n States district court for an order requiring that \n person to appear before the special investigator to \n give testimony, produce evidence, or both, relating to \n the matter under investigation. The application may be \n made within the judicial district where the hearing is \n conducted or where that person is found, resides, or \n transacts business. Any failure to obey the order of \n the court may be punished by the court as civil \n contempt.\n (C) Service of subpoenas.--The subpoenas of the \n special investigator shall be served in the manner \n provided for subpoenas issued by a United States \n district court under the Federal Rules of Civil \n Procedure for the United States district courts.\n (D) Service of process.--All process of any court \n to which application is made under subparagraph (B) may \n be served in the judicial district in which the person \n required to be served resides or may be found.\n (d) Report of Findings and Conclusions to Congress.--\n (1) Report of findings.--Not later than 180 days after the \n date on which the special investigator is appointed, the \n special investigator shall submit to Congress a report \n containing the results of the investigation under subsection \n (a).\n (2) Report of gao audit.--Not later than 180 days after the \n date on which a report is submitted under paragraph (1), the \n Comptroller General shall submit to Congress a report \n containing the results of an audit of the investigation, to \n determine whether--\n (A) the investigator appointed had any conflict of \n interest relating to the subject matter of the \n investigation or with the Environmental Protection \n Agency; and\n (B) the findings are based on substantiated \n scientific evidence, as applicable.\n (3) Recipients.--\n (A) The Speaker of the House of Representatives \n shall refer the reports submitted under paragraphs (1) \n and (2) to the following:\n (i) The Committees on Science, Space, and \n Technology, Natural Resources, and Oversight \n and Government Reform of the House of \n Representatives.\n (ii) Each Member of the House of \n Representatives representing a district that \n includes the Animas and San Juan River \n watersheds or any affected area downstream of \n the Gold King Mine.\n (B) The President pro tempore of the Senate shall \n refer the reports submitted under paragraphs (1) and \n (2) to the following:\n (i) The Committees on Energy and Natural \n Resources and Environment and Public Works of \n the Senate.\n (ii) Each Member of the Senate representing \n a State that includes the Animas and San Juan \n River watersheds or any affected area \n downstream of the Gold King Mine.\n (e) Termination.--The authority of the special investigator shall \nterminate upon submission of the report under subsection (d)(1).\n\nSEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.\n\n (a) Federal Tort Claims.--\n (1) In general.--Subject to paragraph (2), each injured \n person shall be entitled to receive from the United States \n compensation for a claim filed, or civil action brought, under \n chapter 171 of title 28, United States Code (commonly known as \n the ``Federal Tort Claims Act''), arising out of or relating to \n an injury resulting from the Gold King Mine spill.\n (2) Nonapplicability of limitation.--Notwithstanding \n section 2672 of title 28, United States Code, the Administrator \n may provide compensation for a claim under this section in an \n amount greater than $25,000 without prior written approval of \n the Attorney General (or a designee), as the Administrator \n determines to be appropriate.\n (b) Office of Gold King Mine Spill Claims.--\n (1) Establishment.--There is established within the \n Environmental Protection Agency an Office of Gold King Mine \n Spill Claims, in this subsection referred to as the ``Office''.\n (2) Purpose.--The Office shall receive, process, and pay \n claims in accordance with this section.\n (3) Treatment.--The establishment of the Office by this \n subsection shall not diminish the ability of the Administrator \n to carry out the responsibilities of the Environmental \n Protection Agency under any other provision of law.\n (4) Detailees.--Upon the request of the Administrator, the \n head of any Federal department or agency may detail, on a \n reimbursable basis, any personnel of that department or agency \n to the Office to assist in carrying out this section.\n (c) Allowable Damages.--\n (1) Property loss.--A claim that is paid for loss of \n property under this section may include damages resulting from \n the Gold King Mine spill for--\n (A) any cost resulting from lost tribal subsistence \n from hunting, fishing, firewood gathering, timbering, \n grazing, or agricultural activities, or from lost use \n for traditional or ceremonial uses, conducted on land \n or using water damaged by the Gold King Mine spill;\n (B) any cost of reforestation or revegetation on \n tribal or non-Federal land, to the extent that the cost \n of reforestation or revegetation is not covered by any \n other Federal program;\n (C) any costs borne by any injured person to \n determine the extent of--\n (i) the damages to agricultural land; or\n (ii) any other damages covered by this \n section;\n (D) any costs borne by an injured person to pay for \n water supplies or equipment to treat water during the \n period for which a water supply of the injured person \n was compromised by the Gold King Mine spill; and\n (E) any other loss that the Administrator \n determines to be appropriate for inclusion as loss of \n property.\n (2) Business loss.--A claim that is paid for a business \n loss under this section may include damages resulting from the \n Gold King Mine spill for--\n (A) damage to tangible assets or inventory;\n (B) business interruption losses;\n (C) overhead costs;\n (D) employee wages for work not performed; and\n (E) any other loss that the Administrator \n determines to be appropriate for inclusion as a \n business loss.\n (3) Financial loss.--A claim that is paid for a financial \n loss under this section may include damages resulting from the \n Gold King Mine spill for--\n (A) an insurance deductible;\n (B) lost wages or personal income;\n (C) emergency staffing expenses;\n (D) debris removal and other cleanup costs; and\n (E) any other loss that the Administrator \n determines to be appropriate for inclusion as a \n financial loss.\n (4) Non-limitation.--The losses described in paragraphs (1) \n through (3) do not limit any compensation that is otherwise \n available under chapter 171 of title 28, United States Code.\n (d) Compensation.--\n (1) In general.--Any claim for damages compensated under \n this section during a fiscal year shall be paid from \n unobligated funds appropriated to the Environmental Protection \n Agency for that fiscal year.\n (2) Rollover.--To the extent that a claim exceeds the \n amount of unobligated funds available in that fiscal year, the \n remainder of the claim shall be paid from unobligated funds in \n the first subsequent fiscal year in which sufficient \n unobligated funds are available to satisfy such remainder.\n (e) Definitions.--In this section:\n (1) Injured person.--The term ``injured person'' means a \n person who suffered injury resulting from the Gold King Mine \n spill.\n (2) Injury.--The term ``injury'' includes any injury for \n which compensation may be provided under chapter 171 of title \n 28, United States Code, that is caused by a negligent or \n wrongful act or omission of a Federal officer, employee, \n contractor, or subcontractor while acting within the scope of \n office, employment, or contract, under circumstances in which \n the Federal officer, employee, contractor, or subcontractor, if \n a private person, would be liable to the claimant in accordance \n with the law of the jurisdiction in which the act or omission \n occurred.\n (3) Person.--The term ``person'' means a person who is \n eligible to bring a claim under chapter 171 of title 28, United \n States Code, and may include--\n (A) an individual;\n (B) an Indian tribe, tribal corporation, or other \n tribal organization;\n (C) a non-Federal entity, including a corporation, \n business, partnership, company, association, insurer, \n ditch company, water district, and water company;\n (D) a State or political subdivision of a State, \n including a county, township, city, school district, \n and special district;\n (E) the Animas-La Plata Operation, Maintenance, and \n Replacement Association; or\n (F) a legal representative of an individual or \n entity described in any of subparagraphs (A) through \n (E).\n\nSEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM.\n\n (a) In General.--Subject to the requirements of subsection (b), the \nAdministrator shall fund the implementation of the long-term monitoring \nprogram developed by the Long-Term Impact Review Team of the State of \nNew Mexico for the water quality of the Animas and San Juan Rivers.\n (b) Requirements.--In order to be funded by the Administrator under \nsubsection (a), the long-term monitoring program shall--\n (1) provide full disclosure to the public of applicable \n water quality and sediment data;\n (2) enable clear and meaningful comparison between those \n data and all relevant water quality standards; and\n (3) meet such other conditions as the Administrator may \n require to administer the program.\n\nSEC. 5. PROHIBITION OF RULE MAKING.\n\n (a) In General.--Except as provided under subsection (b), the \nAdministrator may not finalize a rule or engage in a rule making (as \nsuch terms are defined in section 551 of title 5, United States Code) \nuntil all claims processed under section 3 have been paid in full, as \napplicable.\n (b) Exceptions.--The prohibition under subsection (a) shall not \napply with respect to--\n (1) such rules as may be required in order to implement \n this Act; and\n (2) any rule that the Administrator determines necessary to \n address an imminent threat to public health or safety, or other \n emergency.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Gold king mine spill.--The term ``Gold King Mine \n spill'' means the discharge on August 5, 2015, of approximately \n 3,000,000 gallons of contaminated water from the Gold King Mine \n north of Silverton, Colorado, into Cement Creek that occurred \n while contractors of the Environmental Protection Agency were \n conducting an investigation of the Gold King Mine.","summary":"Gold King Mine Spill Accountability Act of 2016 This bill requires the Department of Justice (DOJ) to appoint a special investigator to investigate: (1) who was at fault for the discharge of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek. (2) which individuals were responsible for the decisions that led to the spill. And (3) what downstream environmental effects were caused by the Environmental Protection Agency's (EPA) actions, or inactions, after the spill. The bill: (1) entitles individuals to receive compensation for a claim filed, or civil action brought, under the Federal Tort Claims Act relating to an injury resulting from the spill, and (2) establishes within the EPA the Office of Gold King Mine Spill Claims for processing claims of allowable damages resulting from the spill. The EPA may provide compensation for a claim in an amount greater than $25,000 without the prior approval of DOJ. The EPA must fund the implementation of the long-term monitoring program developed by the Long-Term Impact Review Team of New Mexico, for the water quality of the Animas and San Juan Rivers. The EPA may not finalize or work on any rules until all claims have been paid, except rules that are necessary to address an imminent threat to public health or safety, or other emergency.","title":"Gold King Mine Spill Accountability Act of 2016","text_len":16453,"sum_len":1332} {"bill_id":"103_hr199","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Retirement Income \nPolicy Act of 1993''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the Commission on \nRetirement Income Policy (in this Act referred to as the \n``Commission'').\n\nSEC. 3. DUTIES.\n\n (a) In General.--The Commission shall conduct a full and complete \nreview and study of--\n (1) trends in retirement savings in the United States;\n (2) existing Federal incentives and programs that are \n established to encourage and protect such savings; and\n (3) new Federal incentives and programs that are needed to \n encourage and protect such savings.\n (b) Specific Issues.--In fulfilling the duty described in \nsubsection (a), the Commission shall address--\n (1) the amount and sources of Federal and private funds, \n including tax expenditures (as defined in section 3 of the \n Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to \n finance the incentives and programs referred to in subsection \n (a)(2) and any new Federal incentive or program that the \n Commission recommends be established;\n (2) the most efficient and effective manner, considering \n the needs of retirement plan sponsors for simplicity, \n reasonable cost, and appropriate incentives, of ensuring that \n individuals in the United States will have adequate retirement \n savings;\n (3) the amounts of retirement income that future retirees \n will need to replace various levels of preretirement income, \n including amounts necessary to pay for medical and long-term \n care;\n (4) the workforce and demographic trends that affect the \n pensions of future retirees;\n (5) the role of retirement savings in the economy of the \n United States;\n (6) sources of retirement income other than private \n pensions that are available to individuals in the United \n States; and\n (7) the shift away from insured and qualified pension \n benefits in the United States.\n (c) Recommendations.--\n (1) In general.--The Commission shall formulate \n recommendations based on the review and study conducted under \n subsection (a). The recommendations shall include measures that \n address the needs of future retirees for--\n (A) appropriate pension plan coverage and other \n mechanisms for saving for retirement;\n (B) an adequate retirement income;\n (C) preservation of benefits they accumulate by \n participating in pension plans;\n (D) information concerning pension plan benefits; \n and\n (E) procedures to resolve disputes involving such \n benefits.\n (2) Effect on federal budget deficit.--A recommendation of \n the Commission for a new Federal incentive or program that \n would result in an increase in the Federal budget deficit shall \n not appear in the report required under section 7 unless it is \n accompanied by a recommendation for offsetting the increase.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--\n (1) In general.--The Commission shall be composed of 18 \n members appointed not later than 90 days after the date of the \n enactment of this Act. The Commission shall consist of the \n following members:\n (A) 4 individuals appointed by the President.\n (B) 7 individuals appointed by the Speaker of the \n House of Representatives.\n (C) 7 individuals appointed by the President pro \n tempore of the Senate.\n (2) Consultation with minority leaders.--3 of the \n appointments made under paragraph (1)(B) shall be made in \n consultation with the minority leader of the House of \n Representatives. 3 of the appointments made under paragraph \n (1)(C) shall be made in consultation with the minority leader \n of the Senate.\n (3) Qualifications.--The individuals referred to in \n paragraph (1) shall be Members of the Congress, leaders of \n business or labor, distinguished academics, or other \n individuals with distinctive qualifications or experience.\n (b) Terms.--Each member shall be appointed for the life of the \nCommission.\n (c) Vacancies.--A vacancy in the Commission shall be filled not \nlater than 90 days after the date of the creation of the vacancy in the \nmanner in which the original appointment was made.\n (d) Compensation.--\n (1) Rates of pay.--Except as provided in paragraph (2), \n members of the Commission shall serve without pay.\n (2) Travel expenses.--Each member of the Commission shall \n receive travel expenses, including per diem in lieu of \n subsistence, in accordance with sections 5702 and 5703 of title \n 5, United States Code.\n (e) Quorum.--10 members of the Commission shall constitute a \nquorum, but 6 members may hold hearings, take testimony, or receive \nevidence.\n (f) Chairperson.--The chairperson of the Commission shall be \nelected by a majority vote of the members of the Commission.\n (g) Meetings.--The Commission shall meet at the call of the \nchairperson of the Commission.\n (h) Decisions.--Decisions of the Commission shall be made according \nto the vote of not less than a majority of the members who are present \nand voting at a meeting called pursuant to subsection (g).\n\nSEC. 5. STAFF AND SUPPORT SERVICES.\n\n (a) Executive Director.--The Commission shall have an executive \ndirector appointed by the Commission. The Commission shall fix the pay \nof the executive director.\n (b) Staff.--The Commission may appoint and fix the pay of \nadditional personnel as it considers appropriate.\n (c) Applicability of Certain Civil Service Laws.--The executive \ndirector and staff of the Commission may be appointed without regard to \nthe provisions of title 5, United States Code, governing appointments \nin the competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates.\n (d) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code, at rates the Commission determines to be appropriate.\n (e) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal agency may detail, on a reimbursable basis, any of \nthe personnel of the agency to the Commission to assist it in carrying \nout its duties under this Act.\n (f) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n\nSEC. 6. POWERS.\n\n (a) Hearings and Sessions.--\n (1) In general.--The Commission may, for the purpose of \n carrying out this Act, hold hearings, sit and act at times and \n places, take testimony, and receive evidence as the Commission \n considers appropriate. The Commission may administer oaths or \n affirmations to witnesses appearing before it.\n (2) Public hearings.--The Commission may hold public \n hearings to receive the views of a broad spectrum of the public \n on the status of the private retirement system of the United \n States.\n (b) Delegation of Authority.--Any member, committee, or agent of \nthe Commission may, if authorized by the Commission, take any action \nwhich the Commission is authorized to take by this section.\n (c) Information.--\n (1) Information from federal agencies.--\n (A) In general.--The Commission may secure directly \n from any Federal agency information necessary to enable \n it to carry out this Act. Upon request of the \n Commission, the head of the Federal agency shall \n furnish the information to the Commission.\n (B) Exception.--Subparagraph (A) shall not apply to \n any information that the Commission is prohibited to \n secure or request by another law.\n (2) Public surveys.--The Commission may conduct the public \n surveys necessary to enable it to carry out this Act. In \n conducting such surveys, the Commission shall not be considered \n an agency for purposes of chapter 35 of title 44, United States \n Code.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other Federal agencies.\n (e) Contract and Procurement Authority.--The Commission may make \npurchases, and may contract with and compensate government and private \nagencies or persons for property or services, without regard to--\n (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and\n (2) title III of the Federal Property and Administrative \n Services Act of 1949 (41 U.S.C. 251 et seq.).\n (f) Gifts.--The Commission may accept, use, and dispose of gifts of \nservices or property, both real and personal, for the purpose of \nassisting the work of the Commission. Gifts of money and proceeds from \nsales of property received as gifts shall be deposited in the Treasury \nand shall be available for disbursement upon order of the Commission. \nFor purposes of Federal income, estate, and gift taxes, property \naccepted under this subsection shall be considered as a gift to the \nUnited States.\n (g) Volunteer Services.--Notwithstanding section 1342 of title 31, \nUnited States Code, the Commission may accept and use voluntary and \nuncompensated services as the Commission determines necessary.\n\nSEC. 7. REPORT.\n\n Not later than December 31, 1993, the Commission shall submit a \nreport to the President, the majority and minority leaders of the \nSenate, and the majority and minority leaders of the House of \nRepresentatives. The report shall review the matters that the \nCommission is required to study under section 3 and shall set forth the \nrecommendations of the Commission.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate not later than the expiration of the \n90-day period beginning on the date on which the Commission submits its \nreport under section 7.","summary":"Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the President and Congress on: (1) trends in retirement savings in the United States. (2) existing Federal incentives and programs to encourage and protect such savings. And (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report.","title":"Commission on Retirement Income Policy Act of 1993","text_len":10767,"sum_len":612} {"bill_id":"103_s1841","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Health Equity Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) all communities and individuals are entitled to \n protection from occupational and other exposure to substances \n that are hazardous to the public health;\n (2) hazardous substances have had a disproportionate impact \n on the public health of poor and ethnic minority communities \n and individuals, resulting in exclusion from participation in, \n denial of benefits under, and discrimination under, programs \n and activities receiving Federal financial assistance; and\n (3) each Federal agency has an obligation to ensure that \n all federally assisted programs and activities that affect \n human health do not directly or through contractual \n arrangements use criteria, methods, or practices that cause \n discrimination on the ground of race, color, or national \n origin.\n\nSEC. 3. PUBLIC HEALTH EQUITY.\n\n The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by \nadding at the end thereof the following new title:\n\n ``TITLE XXVII--PUBLIC HEALTH EQUITY\n\n``SEC. 2701. DEFINITIONS.\n\n ``As used in this title:\n ``(1) Activity; program.--The term `program or activity' \n means any operation of--\n ``(A)(i) a department, agency, special purpose \n district, or other instrumentality of a State or of a \n local government; or\n ``(ii) the entity of such State or local government \n that distributes such assistance and each such \n department or agency (and each other State or local \n government entity) to which the assistance is extended, \n in the case of assistance to a State or local \n government;\n ``(B)(i) a college, university, or other \n postsecondary institution, or a public system of higher \n education; or\n ``(ii) a local educational agency (as defined in \n section 198(a)(10) of the Elementary and Secondary \n Education Act of 1965), system of vocational education, \n or other school system;\n ``(C)(i) an entire corporation, partnership, or \n other private organization, or an entire sole \n proprietorship--\n ``(I) if assistance is extended to such \n corporation, partnership, private organization, \n or sole proprietorship as a whole; or\n ``(II) which is principally engaged in the \n business of providing education, health care, \n housing, social services, or parks and \n recreation; or\n ``(ii) the entire plant or other comparable, \n geographically separate facility to which Federal \n financial assistance is extended, in the case of any \n other corporation, partnership, private organization, \n or sole proprietorship; or\n ``(D) any other entity which is established by two \n or more of the entities described in subparagraph (A), \n (B), or (C);\n any part of which is extended Federal financial assistance \n relating to a covered substance.\n ``(2) Administrator.--The term `Administrator' has the \n meaning given the term in section 511(7) of the Education for \n Economic Security Act (20 U.S.C. 4020(7)).\n ``(3) Covered substance.--The term `covered substance' \n means--\n ``(A) any material subject to the requirements \n concerning material safety data sheets for chemicals \n under the Occupational and Safety and Health Act of \n 1970 (29 U.S.C. 651 et seq.);\n ``(B) any contaminant identified in title XIV;\n ``(C) any substance described in section 201(q) of \n the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 321(q)), and any material registered pursuant to the \n Act referred to in such section;\n ``(D) any chemical listed by the National \n Toxicology Program of the Department of Health and \n Human Services as a known or probable human carcinogen; \n and\n ``(E) any substance defined in section 101(14) of \n the Comprehensive Environmental Response, Compensation, \n and Liability Act of 1980 (42 U.S.C. 9601(14)) and any \n chemical subject to section 313 of the Emergency \n Planning and Community Right-To-Know Act of 1986 (42 \n U.S.C. 11023).\n\n``SEC. 2702. NONDISCRIMINATION.\n\n ``(a) Prohibition of Discrimination.--The President shall ensure \nthat no person shall be excluded from participation in, be denied the \nbenefits of, or be subject to discrimination under, any program or \nactivity, on the ground of race, color, or national origin.\n ``(b) Promulgation of Regulations.--\n ``(1) Subject.--Subject to paragraph (2), the Secretary of \n Labor, the Secretary of Health and Human Services, the \n Administrator, and any other head of a Federal agency with \n responsibility for providing Federal financial assistance to a \n program or activity shall issue regulations implementing the \n nondiscrimination requirements described in subsection (a) in \n accordance with any applicable law. The regulations shall bar \n acts with discriminatory effects as well as intentionally \n discriminatory acts. The regulations shall address actions of \n programs or activities that result in disproportionate exposure \n to a covered substance on the basis of race, color, or national \n origin.\n ``(2) Timetable.--In issuing regulations under paragraph \n (1)--\n ``(A) not later than 180 days after the date of \n enactment of this Act, each individual described in \n paragraph (1) shall publish a notice of proposed \n rulemaking in the Federal Register;\n ``(B) each individual described in paragraph (1) \n shall provide a public comment period, subject to \n section 553 of title 5, United States Code, of 60 days \n after the publication of the notice of proposed \n rulemaking required under subparagraph (A); and\n ``(C) not later than 45 days after the close of the \n public comment period required under subparagraph (B), \n each individual described in paragraph (1) shall \n publish final regulations.''.","summary":"Public Health Equity Act - Amends the Public Health Service Act to add a new title, title XXVII: Public Health Equity. Prohibits, under such title, acts with discriminatory effect as well as intentionally discriminatory acts that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. Defines a covered substance to include certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws.","title":"Public Health Equity Act","text_len":7095,"sum_len":494} {"bill_id":"110_hr1243","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gulf Coast Back to Business Act of \n2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) 43 percent of businesses that close following a natural \n disaster never reopen;\n (2) an additional 29 percent of businesses close down \n permanently within 2 years of a natural disaster;\n (3) Hurricane Katrina struck the Gulf Coast of the United \n States on August 29, 2005, negatively impacting small business \n concerns and disrupting commerce in the States of Louisiana, \n Mississippi, and Alabama;\n (4) Hurricane Rita struck the Gulf Coast of the United \n States on September 24, 2005, negatively impacting small \n business concerns and disrupting commerce in the States of \n Texas and Louisiana;\n (5) according to the United States Chamber of Commerce, \n more than 125,000 small- and medium-sized businesses in the \n Gulf Coast were disrupted by Hurricane Katrina or Hurricane \n Rita;\n (6) due to a slow initial Federal response and the \n widespread devastation in the affected States, businesses \n impacted by Hurricane Katrina are in dire need of increased \n access to capital and technical assistance to recover and \n prosper; and\n (7) without the full recovery and prosperity of affected \n businesses, the Gulf Coast and the rest of the United States \n will be negatively impacted.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``Disaster Area'' means an area in which the \n President has declared a major disaster in response to \n Hurricane Katrina of 2005 or Hurricane Rita of 2005;\n (2) the term ``major disaster'' has the meaning given that \n term in section 102 of the Robert T. Stafford Disaster Relief \n and Emergency Assistance Act (42 U.S.C. 5122); and\n (3) the term ``small business concern'' has the meaning \n given that term in section 3 of the Small Business Act (15 \n U.S.C. 632).\n\nSEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.\n\n (a) In General.--There are authorized to be appropriated to the \nSecretary of Commerce $100,000,000 for the Economic Development \nAdministration of the Department of Commerce to make grants to the \nappropriate State government agencies in Louisiana and Mississippi, to \ncarry out this section.\n (b) Disbursement of Funds.--\n (1) In general.--Subject to paragraph (2), the Secretary of \n Commerce shall disburse the funds authorized under subsection \n (a) as follows:\n (A) $75,000,000 to the State of Louisiana.\n (B) $25,000,000 to the State of Mississippi.\n (2) Proportionate allocation.--Regardless of the amount \n appropriated under subsection (a), the amount appropriated \n shall be allocated among the States listed in paragraph (1) of \n this subsection in direct proportion to the allocation under \n that paragraph.\n (c) Use of Funds.--\n (1) In general.--Grants awarded to a State under subsection \n (a) shall be used by the State to provide grants, which may be \n made to any small business concern located in a Disaster Area \n that was negatively impacted by Hurricane Katrina of 2005 or \n Hurricane Rita of 2005, to assist such small business concern \n for the purposes of--\n (A) paying employees;\n (B) paying bills, insurance costs, and other \n existing financial obligations;\n (C) making repairs;\n (D) purchasing inventory;\n (E) restarting or operating that business in the \n community in which it was conducting operations prior \n to Hurricane Katrina of 2005 or Hurricane Rita of 2005, \n or to a neighboring area or county or parish in a \n Disaster Area;\n (F) compensating such small business concerns for \n direct economic injury suffered as a result of \n Hurricane Katrina of 2005 or Hurricane Rita of 2005; or\n (G) covering additional costs until that small \n business concern is able to obtain funding through \n insurance claims, Federal assistance programs, or other \n sources.\n (2) Criteria.--\n (A) In general.--Notwithstanding any other \n provision of law, in making grants under paragraph (1), \n a State may use such criteria as the State determines \n appropriate, and shall not be required to apply \n eligibility criteria for programs administered by the \n Federal Government, including the Department of \n Commerce.\n (B) Exclusion.--In making grants under paragraph \n (1), a State may not exclude a small business concern \n based on any increase in the revenue of that small \n business concern during the 12-month period beginning \n on October 1, 2005.\n (3) Administrative expenses.--The Department of Commerce \n may use not more than $1,500,000 of the funds authorized under \n subsection (a) to administer the provision of grants to the \n designated States under this subsection.\n\nSEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA.\n\n (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. \n636(b)) is amended by inserting immediately after paragraph (3) the \nfollowing:\n ``(4) Disaster loans after hurricane katrina or hurricane \n rita in a disaster area.--\n ``(A) Definitions.--In this paragraph--\n ``(I) the term `Disaster Area' means an \n area in which the President has declared a \n major disaster in response to Hurricane Katrina \n of 2005 or Hurricane Rita of 2005; and\n ``(ii) the term `qualified borrower' means \n a person to whom the Administrator made a loan \n under this section because of Hurricane Katrina \n of 2005 or Hurricane Rita of 2005.\n ``(B) Deferment of disaster loan payments.--\n ``(i) In general.--Notwithstanding any \n other provision of law, payments of principal \n and interest on a loan to a qualified borrower \n made before December 31, 2006, shall be \n deferred, and no interest shall accrue with \n respect to such loan, during the time period \n described in clause (ii).\n ``(ii) Time period.--The time period for \n purposes of clause (i) shall be 1 year from the \n later of the date of enactment of this \n paragraph or the date on which funds are \n distributed under a loan described in clause \n (i), but may be extended to 2 years from such \n date, at the discretion of the Administrator.\n ``(iii) Resumption of payments.--At the end \n of the time period described in clause (ii), \n the payment of periodic installments of \n principal and interest shall be required with \n respect to such loan, in the same manner and \n subject to the same terms and conditions as \n would otherwise be applicable to any other loan \n made under this subsection.''.\n (b) Increasing Collateral Requirements.--\n (1) In general.--Notwithstanding any other provision of \n law, including section 7(c)(6) of the Small Business Act (15 \n U.S.C. 636(c)(6)), the Administrator may not require collateral \n for any covered loan made by the Administrator.\n (2) Definition.--In this subsection, the term ``covered \n loan'' means a loan in an amount of not more than $35,000 \n made--\n (A) under section 7(b)(1) of the Small Business Act \n (15 U.S.C. 636(b)(1));\n (B) as a result of Hurricane Katrina of 2005 or \n Hurricane Rita of 2005; and\n (C) after the date of enactment of this Act.\n\nSEC. 6. OTHER PROGRAMS.\n\n (a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C. \n632(p)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (D), by striking ``or'';\n (B) in subparagraph (E), by striking the period at \n the end and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(F) an area in which the President has declared a \n major disaster (as that term is defined in section 102 \n of the Robert T. Stafford Disaster Relief and Emergency \n Assistance Act (42 U.S.C. 5122)) as a result of \n Hurricane Katrina of August 2005 or Hurricane Rita of \n September 2005, during the time period described in \n paragraph (8).''; and\n (2) by adding at the end the following:\n ``(8) Time period.--The time period for the purposes of \n paragraph (1)(F)--\n ``(A) shall be the 2-year period beginning on the \n later of the date of enactment of this paragraph and \n August 29, 2007; and\n ``(B) may, at the discretion of the Administrator, \n be extended to be the 3-year period beginning on the \n later of the date of enactment of this paragraph and \n August 29, 2007.''.\n (b) Relief From Test Program.--Section 711(d) of the Small Business \nCompetitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is \namended--\n (1) by striking ``The Program'' and inserting the \n following:\n ``(1) In general.--Except as provided in paragraph (2), the \n Program''; and\n (2) by adding at the end the following:\n ``(2) Exception.--\n ``(A) In general.--The Program shall not apply to \n any contract related to relief or reconstruction from \n Hurricane Katrina of 2005 or Hurricane Rita of 2005 \n during the time period described in subparagraph (B).\n ``(B) Time period.--The time period for the \n purposes of subparagraph (A)--\n ``(I) shall be the 2-year period beginning \n on the later of the date of enactment of this \n paragraph and August 29, 2007; and\n ``(ii) may, at the discretion of the \n Administrator, be extended to be the 3-year \n period beginning on the later of the date of \n enactment of this paragraph and August 29, \n 2007.''.","summary":"Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita. Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans. Includes as a HUBZone any area in which the President has declared a major disaster as a result of such hurricanes. Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes.","title":"To address ongoing small business and homeowner needs in the Gulf Coast States impacted by Hurricane Katrina and Hurricane Rita.","text_len":11566,"sum_len":1051} {"bill_id":"110_hr1885","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Santa Cruz Valley National Heritage \nArea Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act include the following:\n (1) To establish the Santa Cruz Valley National Heritage \n Area in the State of Arizona.\n (2) To implement the recommendations of the ``Alternative \n Concepts for Commemorating Spanish Colonization'' study \n completed by the National Park Service in 1991, and the \n ``Feasibility Study for the Santa Cruz Valley National Heritage \n Area'' prepared by the Center for Desert Archaeology in July \n 2005.\n (3) To provide a management framework to foster a close \n working relationship with all levels of government, the private \n sector, and the local communities in the region and to conserve \n the region's heritage while continuing to pursue compatible \n economic opportunities.\n (4) To assist communities, organizations, and citizens in \n the State of Arizona in identifying, preserving, interpreting, \n and developing the historical, cultural, scenic, and natural \n resources of the region for the educational and inspirational \n benefit of current and future generations.\n (5) To provide appropriate linkages between units of the \n National Park System and communities, governments, and \n organizations within the Heritage Area.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Santa Cruz Valley National Heritage Area, established in \n section 4.\n (2) Management entity.--The term ``Management Entity'' \n means the management entity for the Heritage Area designated by \n section 4(d).\n (3) Management plan.--The term ``Management Plan'' means \n the management plan for the Heritage Area specified in section \n 6.\n (4) Map.--The term ``map'' means the map titled ``Boundary \n Map Santa Cruz Valley National Heritage Area'', numbered \n _______, and dated ____________.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of Arizona.\n\nSEC. 4. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is hereby established the Santa Cruz \nValley National Heritage Area in the State of Arizona.\n (b) Boundaries.--The Heritage Area shall include the portions of \nthe counties of Santa Cruz and Pima, as identified on the map.\n (c) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the National Park \nService, Department of the Interior, and the Management entity.\n (d) Management Entity.--The Santa Cruz Valley Heritage Alliance, \nInc., shall be the management entity for the Heritage Area.\n\nSEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE MANAGEMENT ENTITY.\n\n (a) Duties of the Management Entity.--To further the purposes of \nthe Heritage Area, the management entity shall--\n (1) prepare and submit a management plan for the Heritage \n Area to the Secretary in accordance with section 6;\n (2) assist units of local and tribal governments, regional \n planning organizations, non-profit organizations, private land-\n owners, and other entities by--\n (A) carrying out programs and projects that \n recognize, protect and enhance important resources \n values within the Heritage Area;\n (B) establishing and maintaining interpretive \n exhibits and programs in the Heritage Area;\n (C) developing recreational, educational, and \n economic, and community development opportunities \n within the Heritage Area;\n (D) increasing public awareness of, and \n appreciation for, the natural, cultural, historical, \n archaeological, scenic, and outdoor recreational \n resources and sites in the Heritage Area;\n (E) protecting and restoring historic sites and \n structures, archaeological sites, and natural resources \n related to the Heritage Area;\n (F) ensuring that signs identifying points of \n public access and sites of interest are posted \n throughout the Heritage Area;\n (G) promoting cultural, traditional, and nature-\n themed events and attractions in the Heritage Area; and\n (H) promoting a wide range of partnerships among \n governments, organizations and individuals to further \n the purposes of the Heritage Area;\n (3) coordinate with tribal and local governments to better \n enable them to participate in ways consistent with the goals of \n the management plan;\n (4) consider the interests of diverse units of government, \n businesses, organizations and individuals in the Heritage Area \n in the preparation and implementation of the management plan;\n (5) conduct meetings open to the public at least semi-\n annually regarding the development and implementation of the \n management plan;\n (6) submit an annual report to the Secretary for any fiscal \n year in which the management entity receives Federal funds \n under this Act, setting forth its accomplishments, expenses, \n and income, including grants to any other entities during the \n year for which the report is made;\n (7) make available for audit for any fiscal year in which \n it receives Federal funds under this Act, all information \n pertaining to the expenditure of such funds and any matching \n funds; and\n (8) encourage by appropriate means economic development \n that is consistent with the purposes of the Heritage Area.\n (b) Authorities.--The management entity may, for the purposes of \npreparing and implementing the management plan for the Heritage Area, \nuse Federal funds made available under this Act to--\n (1) make grants to the State of Arizona, its political \n subdivisions, nonprofit organizations, tribes, and other \n entities;\n (2) enter into cooperative agreements with or provide \n technical assistance to the State of Arizona its political \n subdivisions, nonprofit organizations, tribes, Federal \n agencies, and other entities;\n (3) hire and compensate staff, including individuals with \n expertise in natural cultural, and historical resources \n protection, economic and community development, and heritage \n programming;\n (4) obtain money or services from any source including any \n that are provided under any other Federal law or program;\n (5) contract for goods or services; and\n (6) undertake to be a catalyst for any other activity that \n furthers the purposes of the Heritage Area and is consistent \n with the approved management plan.\n (c) Prohibitions on the Acquisition of Real Property.--The \nmanagement entity may not use Federal funds received under this Act to \nacquire real property, but may use any other source of funding, \nincluding other Federal funding outside this authority, intended for \nthe acquisition of real property.\n\nSEC. 6. MANAGEMENT PLAN.\n\n (a) Requirements.--The management plan for the Heritage Area \nshall--\n (1) describe comprehensive policies, goals, strategies, and \n recommendations for telling the story of the heritage of the \n area covered by the Heritage Area and encourage long-term \n resource protection, enhancement, interpretation, funding, \n management, and development of the Heritage Area;\n (2) include a description of actions and commitments that \n governments, private organizations, and citizens will take to \n protect, enhance, interpret, fund, manage, and develop the \n natural, historical, cultural, educational, scenic, and \n recreational resources of the Heritage Area;\n (3) specify existing and potential sources of funding or \n economic development strategies to protect, enhance, interpret, \n fund, manage, and develop the Heritage Area;\n (4) include an inventory of the natural, historical, \n cultural, educational, scenic, and recreational resources of \n the Heritage Area related to the national importance and themes \n of the Heritage Area that should be protected, enhanced, \n interpreted, managed, funded, and developed;\n (5) recommend policies and strategies for resource \n management, including the development of intergovernmental and \n interagency agreements to protect, enhance, interpret, fund, \n manage, and develop the natural, historical, cultural, \n educational, scenic, and recreational resources of the Heritage \n Area;\n (6) describe a program for implementation for the \n management plan, including--\n (A) performance goals;\n (B) plans for resource protection, enhancement, \n interpretation, funding, management, and development; \n and\n (C) specific commitments for implementation that \n have been made by the local coordinating entity or any \n government agency, organization, business, or \n individual;\n (7) include an analysis of, and recommendations for, means \n by which Federal, State, and local programs may best be \n coordinated (including the role of the National Park Service \n and other Federal agencies associated with the Heritage Area) \n to further the purposes of this Act; and\n (8) include a business plan that--\n (A) describes the role, operation, financing, and \n functions of the local coordinating entity and of each \n of the major activities contained in the management \n plan; and\n (B) provides adequate assurances that the local \n coordinating entity has the partnerships and financial \n and other resources necessary to implement the \n management plan for the Heritage Area.\n (b) Deadline.--\n (1) In general.--Not later than 3 years after the date on \n which funds are first made available to develop the management \n plan after designation as a National Heritage Area, the local \n coordinating entity shall submit the management plan to the \n Secretary for approval.\n (2) Termination of funding.--If the management plan is not \n submitted to the Secretary in accordance with paragraph (1), \n the local coordinating entity shall not qualify for any \n additional financial assistance under this Act until such time \n as the management plan is submitted to and approved by the \n Secretary.\n\nSEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.\n\n (a) Technical and Financial Assistance.--The Secretary may, upon \nthe request of the management entity, provide technical assistance on a \nreimbursable or non-reimbursable basis and financial assistance to the \nHeritage Area to develop and implement the approved management plan. \nThe Secretary is authorized to enter into cooperative agreements with \nthe management entity and other public or private entities for this \npurpose. In assisting the Heritage Area, the Secretary shall give \npriority to actions that in general assist in--\n (1) conserving the significant natural, historical \n cultural, and scenic resources of the Heritage Area; and\n (2) providing educational, interpretive, and recreational \n opportunities consistent with the purposes of the Heritage \n Area.\n (b) Approval and Disapproval of Management Plan.--\n (1) In general.--The Secretary shall approve or disapprove \n the management plan not later than 180 days after receiving the \n management plan.\n (2) Criteria for approval.--In determining the approval of \n the management plan, the Secretary shall consider whether--\n (A) the management entity is representative of the \n diverse interests of the Heritage Area, including \n governments, natural and historic resource protection \n organizations, educational institutions, businesses, \n and recreational organizations;\n (B) the management entity has afforded adequate \n opportunity, including public hearings, for public and \n governmental involvement in the preparation of the \n management plan;\n (C) the resource protection and interpretation \n strategies contained in the management plan, if \n implemented, would adequately protect the natural, \n historical, and cultural resources of the Heritage \n Area; and\n (D) the management plan is supported by the \n appropriate State and local officials whose cooperation \n is needed to ensure the effective implementation of the \n State and local aspects of the management plan.\n (3) Criteria for approval.--In determining whether to \n approve a management plan for the Heritage Area, the Secretary \n shall consider whether--\n (A) the local coordinating entity represents the \n diverse interests of the Heritage Area, including \n governments, natural, and historic resource protection \n organizations, educational institutions, businesses, \n recreational organizations, community residents, and \n private property owners;\n (B) the local coordinating entity--\n (i) has afforded adequate opportunity for \n public and governmental involvement (including \n through workshops and hearings) in the \n preparation of the management plan; and\n (ii) provides for at least semiannual \n public meetings to ensure adequate \n implementation of the management plan;\n (C) the resource protection, enhancement, \n interpretation, funding, management, and development \n strategies described in the management plan, if \n implemented, would adequately protect, enhance, \n interpret, fund, manage, and develop the natural, \n historic, cultural, educational, scenic, and \n recreational resources of the Heritage Area;\n (D) the management plan would not adversely affect \n any activities authorized on Federal land under public \n land laws or land use plans;\n (E) the local coordinating entity has demonstrated \n the financial capability, in partnership with others, \n to carry out the plan;\n (F) the Secretary has received adequate assurances \n from the appropriate State and local officials whose \n support is needed to ensure the effective \n implementation of the State and local elements of the \n management plan; and\n (G) the management plan demonstrates partnerships \n among the local coordinating entity, Federal, State, \n and local governments, regional planning organizations, \n nonprofit organizations, or private sector parties for \n implementation of the management plan.\n (4) Approval of amendments.--Substantial amendments to the \n management plan shall be reviewed by the Secretary and approved \n in the same manner as provided for the original management \n plan. The management entity shall not use Federal funds \n authorized by this Act to implement any amendments until such \n amendments have been approved by the Secretary.\n\nSEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.\n\n Any Federal agency conducting or supporting activities directly \naffecting the Heritage Area is encouraged to--\n (1) consult with the Secretary and the management entity \n with respect to such activities;\n (2) cooperate with the Secretary and the management entity \n in carrying out their duties under this Act and, to the maximum \n extent practicable, coordinate such activities with the \n carrying out of such duties; and\n (3) to the maximum extent practicable, conduct or support \n such activities in a manner which will not have adverse effects \n on the Heritage Area.\n\nSEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.\n\n Nothing in this Act--\n (1) abridges the rights of any property owner (whether \n public or private), including the right to refrain from \n participating in any plan, project, program, or activity \n conducted within the Heritage Area;\n (2) requires any property owner to permit public access \n (including access by Federal, State, or local agencies) to the \n property of the property owner, or to modify public access or \n use of property of the property owner under any other Federal, \n State, or local law;\n (3) alters any duly adopted land use regulation, approved \n land use plan, or other regulatory authority of any Federal, \n State or local agency, or conveys any land use or other \n regulatory authority to any local coordinating entity;\n (4) authorizes or implies the reservation or appropriation \n of water or water rights;\n (5) diminishes the authority of the State to manage fish \n and wildlife, including the regulation of fishing and hunting \n within the Heritage Area; or\n (6) creates any liability, or affects any liability under \n any other law, of any private property owner with respect to \n any person injured on the private property.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act $10,000,000, of which not more than $1,000,000 may be \nauthorized to be appropriated for any fiscal year.\n (b) Cost-Sharing Requirement.--The Federal share of the total cost \nof any activity assisted under this Act shall be not more than 50 \npercent.\n\nSEC. 11. SUNSET.\n\n The authority of the Secretary to provide assistance under this Act \nshall terminate on the day occurring 15 years after the date of the \nenactment of this Act.","summary":"Santa Cruz Valley National Heritage Area Act - Establishes the Santa Cruz Valley National Heritage Area in Arizona. Designates the Santa Cruz Valley Heritage Alliance, Inc. as the management entity for the Area. Requires the management entity to prepare and submit a management plan for the Area to the Secretary of the Interior for approval. Prohibits the management entity from using federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area for the development and implementation of the approved management plan.","title":"To establish the Santa Cruz Valley National Heritage Area in the State of Arizona, and for other purposes.","text_len":19390,"sum_len":604} {"bill_id":"109_s3935","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Truth in Video Game Rating Act''.\n\nSEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES.\n\n Not later than 1 year after the date of enactment of this Act, the \nFederal Trade Commission shall prescribe rules under section 553 of \ntitle 5, United States Code, to prohibit the following as an unfair and \ndeceptive act or practice prescribed pursuant to section 18(a)(1)(B) of \nthe Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)):\n (1) Rating game only on partial content.--Such rules shall \n prohibit any rating organization from assigning a content \n rating to any video or computer game that is to bear a label \n containing such content rating when sold or distributed in \n interstate commerce unless such rating organization has \n reviewed the playable content of the video or computer game in \n its entirety.\n (2) Withholding content for rating.--\n (A) In general.--Such rules shall prohibit any \n person who produces, sells, or otherwise distributes \n video or computer games in interstate commerce from \n withholding or hiding any playable content of the video \n or computer game from, or in any other manner failing \n to disclose any playable content of a video or computer \n game to, a rating organization.\n (B) Hidden content.--Such rules shall provide that \n where, in the course of obtaining a content rating, a \n person submits to a rating organization a video or \n computer game that contains hidden content, that such \n person also provide the rating organization with the \n necessary codes or methods of accessing such hidden \n content.\n (3) Gross mischaracterization of content.--Such rules shall \n prohibit any rating organization from providing a content \n rating that grossly mischaracterizes (as defined by the \n Commission in such rules) the content of the video or computer \n game.\n\nSEC. 3. G.A.O. STUDY.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study to determine--\n (1) the efficacy of the Entertainment Software Ratings \n Board ratings system in assigning appropriate content ratings \n to video and computer games, including ratings for online or \n Internet-based games;\n (2) whether content ratings systems, like that used by the \n Entertainment Software Ratings Board, should be peer-reviewed;\n (3) whether an independent ratings system, developed and \n administered by persons or entities with no financial interest \n in the video and computer game industry, would result in more \n accurate and effective content ratings for video and computer \n games than the rating system used by the Entertainment Software \n Ratings Board; and\n (4) the efficacy of a universal ratings system for visual \n content, including films, broadcast and cable television and \n video, and computer games.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Comptroller General shall submit to Congress a report on \nthe findings of the study conducted pursuant to subsection (a). The \nreport shall contain recommendations regarding effective approaches to \nvideo and computer game content ratings that address the unique ratings \nchallenges of online and Internet-based video games.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Content rating.--The term ``content rating'' means any \n rating of the content of a video or computer game provided to \n notify consumers of any content which may be offensive to \n consumers or may not be suitable to persons of varying ages, \n including such content as violence, graphic sexual content, \n nudity, or strong language.\n (2) Hidden content.--The term ``hidden content'' means any \n playable content that may be disabled or blocked from a user of \n the video or computer game so that it can be accessed only by \n inputting a code or command or by altering the game's software \n with a modification, patch, or similar tool, utility, or \n method.\n (3) Playable content.--The term ``playable content'', with \n respect to video or computer games, means all of the scenes, \n visual images, sounds, and words that a user can access after \n installing the game on a computer, console, telecommunication \n device, or similar technology, and includes hidden content.\n (4) Rating organization.--The term ``rating organization'' \n means the Entertainment Software Ratings Board or any other \n independent organization that assigns content ratings for video \n or computer games.\n (5) Video or computer game.--The term ``video or computer \n game'' means any product, whether distributed electronically or \n through a tangible device, consisting of data, programs, \n routines, instructions, applications, symbolic languages, or \n similar electronic information that enables a user to interact \n with a computer-controlled virtual environment for \n entertainment purposes.","summary":"Truth in Video Game Rating Act - Requires the Federal Trade Commission (FTC) to prescribe rules that prohibit as an unfair and deceptive act or practice: (1) any rating organization from assigning a content rating to any video or computer game unless it has reviewed its playable content. And (2) any producer, seller, or distributor of such games from withholding or hiding any such content. Requires the FTC rules also to: (1) require any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content. And (2) prohibit a rating organization from providing a content rating that grossly mischaracterizes the game content. Directs the Comptroller General to study and report to Congress on the efficacy of the Entertainment Software Ratings Board (ESRB) ratings system in assigning appropriate content ratings to video and computer games, and related questions.","title":"A bill to direct the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video and computer games and for other purposes.","text_len":5487,"sum_len":969} {"bill_id":"114_hr2338","text":"SECTION 1. DEVELOPMENT AND USE OF PATIENT EXPERIENCE DATA TO ENHANCE \n STRUCTURED RISK-BENEFIT ASSESSMENT FRAMEWORK.\n\n (a) In General.--Section 505 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355) is amended--\n (1) in subsection (d), by striking ``The Secretary shall \n implement'' and all that follows through ``premarket approval \n of a drug.''; and\n (2) by adding at the end the following new subsections:\n ``(x) Structured Risk-Benefit Assessment Framework.--\n ``(1) In general.--The Secretary shall implement a \n structured risk-benefit assessment framework in the new drug \n approval process--\n ``(A) to facilitate the balanced consideration of \n benefits and risks; and\n ``(B) to develop and implement a consistent and \n systematic approach to the discussion of, regulatory \n decisionmaking with respect to, and the communication \n of, the benefits and risks of new drugs.\n ``(2) Rule of construction.--Nothing in paragraph (1) shall \n alter the criteria for evaluating an application for premarket \n approval of a drug.\n ``(y) Development and Use of Patient Experience Data To Enhance \nStructured Risk-Benefit Assessment Framework.--\n ``(1) In general.--Not later than two years after the date \n of the enactment of this subsection, the Secretary shall \n establish and implement processes under which--\n ``(A) an entity seeking to develop patient \n experience data may submit to the Secretary--\n ``(i) initial research concepts for \n feedback from the Secretary; and\n ``(ii) with respect to patient experience \n data collected by the entity, draft guidance \n documents, completed data, and summaries and \n analyses of such data;\n ``(B) the Secretary may request such an entity to \n submit such documents, data, and summaries and \n analyses; and\n ``(C) patient experience data may be developed and \n used to enhance the structured risk-benefit assessment \n framework under subsection (x).\n ``(2) Patient experience data.--In this subsection, the \n term `patient experience data' means data collected by \n patients, parents, caregivers, patient advocacy organizations, \n disease research foundations, medical researchers, research \n sponsors or other parties determined appropriate by the \n Secretary that is intended to facilitate or enhance the \n Secretary's risk-benefit assessments, including information \n about the impact of a disease or a therapy on patients' \n lives.''.\n (b) Guidance.--\n (1) In general.--The Secretary of Health and Human Services \n shall publish guidance on the implementation of subsection (y) \n of section 505 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 355), as added by subsection (a). Such guidance shall \n include--\n (A) with respect to draft guidance documents, data, \n or summaries and analyses submitted to the Secretary \n under paragraph (1)(A) of such subsection, guidance--\n (i) specifying the timelines for the review \n of such documents, data, or summaries and \n analyses by the Secretary; and\n (ii) on how the Secretary will use such \n documents, data, or summaries and analyses to \n update any guidance documents published under \n this subsection or publish new guidance;\n (B) with respect to the collection and analysis of \n patient experience data (as defined in paragraph (2) of \n such subsection (y)), guidance on--\n (i) methodological considerations for the \n collection of patient experience data, which \n may include structured approaches to gathering \n information on--\n (I) the experience of a patient \n living with a particular disease;\n (II) the burden of living with or \n managing the disease;\n (III) the impact of the disease on \n daily life and long-term functioning; \n and\n (IV) the effect of current \n therapeutic options on different \n aspects of the disease; and\n (ii) the establishment and maintenance of \n registries designed to increase understanding \n of the natural history of a disease;\n (C) methodological approaches that may be used to \n assess patients' beliefs with respect to the benefits \n and risks in the management of the patient's disease; \n and\n (D) methodologies, standards, and potential \n experimental designs for patient-reported outcomes.\n (2) Timing.--Not later than three years after the date of \n the enactment of this Act, the Secretary of Health and Human \n Services shall issue draft guidance on the implementation of \n subsection (y) of section 505 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 355), as added by subsection (a). The \n Secretary shall issue final guidance on the implementation of \n such subsection not later than one year after the date on which \n the comment period for the draft guidance closes.\n (3) Workshops.--\n (A) In general.--Not later than 6 months after the \n date of the enactment of this Act and once every 6 \n months during the following 12-month period, the \n Secretary of Health and Human Services shall convene a \n workshop to obtain input regarding methodologies for \n developing the guidance under paragraph (1), including \n the collection of patient experience data.\n (B) Attendees.--A workshop convened under this \n paragraph shall include--\n (i) patients;\n (ii) representatives from patient advocacy \n organizations, biopharmaceutical companies, and \n disease research foundations;\n (iii) representatives of the reviewing \n divisions of the Food and Drug Administration; \n and\n (iv) methodological experts with \n significant expertise in patient experience \n data.\n (4) Public meeting.--Not later than 90 days after the date \n on which the draft guidance is published under this subsection, \n the Secretary of Health and Human Services shall convene a \n public meeting to solicit input on the guidance.","summary":"This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish processes under which: (1) an entity seeking to develop patient experience data may submit initial research concepts for feedback. (2) the FDA may request or receive from such an entity draft guidance documents, data, and summaries and analyses of data. And (3) patient experience data may be considered in the risk-benefit assessment of a new drug. ldquo, Patient experience datardquo. Is data collected by patients or others that is intended to facilitate the FDA's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives. The FDA must convene workshops and publish guidance on the patient experience data processes described above.","title":"To amend the Federal Food, Drug, and Cosmetic Act to provide for the development and use of patient experience data to enhance the structured risk-benefit assessment framework, and for other purposes.","text_len":7642,"sum_len":809} {"bill_id":"103_hr423","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Amendments Act of \n1993''.\n\nSEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964.\n\n (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights \nAct of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,'' \nand inserting ``religion, affectional or sexual orientation,''.\n (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by \nstriking ``religion,'' and inserting ``religion, affectional or sexual \norientation,''.\n (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C. \n2000b(a)) is amended by striking ``religion,'' and inserting \n``religion, affectional or sexual orientation,''.\n (c) Federally Assisted Programs.--Section 601 of such Act (42 \nU.S.C. 2000d) is amended by striking ``color,'' and inserting ``color, \naffectional or sexual orientation,''.\n (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b), \n703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of \nsuch Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), \n2000e-2(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e-\n16(a)) are amended by striking ``sex,'' each place it appears and \ninserting ``sex, affectional or sexual orientation,''.\n (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended \nby striking ``sex'' and inserting ``sex, affectional or sexual \norientation,''.\n (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by \nstriking ``sex'' the first place it appears and inserting ``sex, \naffectional or sexual orientation,''.\n (4) The heading of section 703 of such Act is amended by striking \n``sex,'' and inserting ``sex, affectional or sexual orientation,''.\n (e) Intervention by Attorney General in Civil Rights Cases.--\nSection 902 of such Act (42 U.S.C. 2000h-2) is amended by striking \n``sex'' and inserting ``sex, affectional or sexual orientation,''.\n (f) Definition; Rules of Interpretation.--Title XI of such Act (42 \nU.S.C. 2000h et seq.) is amended by adding at the end the following new \nsection:\n\n ``affectional or sexual orientation\n\n ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI, \nVII, and IX of this Act, the term `affectional or sexual orientation' \nmeans male or female homosexuality, heterosexuality, and bisexuality by \norientation or practice, by and between consenting adults.\n ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be \nconstrued to permit or require--\n ``(A) that a finding of discrimination on the basis of \n affectional or sexual orientation be based on any statistical \n differences in the incidence of persons of a particular \n affectional or sexual orientation in the general population as \n opposed to the incidence of such persons in the activity \n concerned; or\n ``(B) the use of any quota as a remedy for discrimination \n on the basis of affectional or sexual orientation.\n ``(2) Nothing in this Act shall be construed to require any person \nto disclose a personal affectional or sexual orientation.''.\n\nSEC. 3. AMENDMENTS TO FAIR HOUSING ACT.\n\n (a) Housing Sale and Rental, Residential Real-Estate-Related \nTransactions, and Brokerage Services.--(1) Section 804 of the Civil \nRights Act of 1968 (42 U.S.C. 3604) is amended by striking \n``religion,'' each place it appears and inserting ``religion, \naffectional or sexual orientation (as such term is defined in section \n802(p)),''.\n (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking \n``religion,'' each place it appears and inserting ``religion, \naffectional or sexual orientation (as such term is defined in section \n802(p)),''.\n (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking \n``religion,'' and inserting ``religion, affectional or sexual \norientation (as such term is defined in section 802(p)),''.\n (b) Prevention of Intimidation.--Section 901 of the Civil Rights \nAct of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each \nplace it appears and inserting ``religion, affectional or sexual \norientation (as such term is defined in section 802(p)),''.\n (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42 \nU.S.C. 3602) is amended by adding at the end the following new \nsubsection:\n ``(p) `Affectional or sexual orientation' means male or female \nhomosexuality, heterosexuality, and bisexuality by orientation or \npractice, by and between consenting adults.''.\n (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights \nAct of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end \nthe following new section:\n\n ``rules of interpretation regarding affectional or sexual orientation\n\n ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in \nthis Act shall be construed to permit or require--\n ``(1) that a finding of discrimination on the basis of \n affectional or sexual orientation be based on any statistical \n differences in the incidence of persons of a particular \n affectional or sexual orientation in the general population as \n opposed to the incidence of such persons in the activity \n concerned; or\n ``(2) the use of any quota as a remedy for discrimination \n on the basis of affectional or sexual orientation.\n ``(b) Protection of Privacy Rights.--Nothing in this Act shall be \nconstrued to require any person to disclose a personal affectional or \nsexual orientation.''.\n (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by \nadding at the end the following new section:\n\n ``application of rules of interpretation regarding affectional or \n sexual orientation\n\n ``Sec. 902. The provisions of this title are subject to the rules \nof interpretation described in section 821 of this Act.''.","summary":"Civil Rights Amendments Act of 1993 - Amends the Civil Rights Act of 1964 and the Civil Rights Act of 1968 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.","title":"Civil Rights Amendments Act of 1993","text_len":5928,"sum_len":352} {"bill_id":"110_hr6934","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Juvenile Justice Reform Act of \n2008''.\n\nSEC. 2. DEFINITIONS.\n\n Section 103 of the Juvenile Justice and Delinquency Prevention Act \nof 1974 (42 U.S.C. 5603) is amended--\n (1) by amending paragraph (25) to read as follows:\n ``(25) the term `contact' means any sight or sound \n interaction between a juvenile in a secure custody status with \n an adult inmate;'',\n (2) in paragraph (28) by striking ``and'' at the end,\n (3) in paragraph (29) by adding ``and'' at the end, and\n (4) by adding at the end the following:\n ``(30) the term `juvenile justice stakeholders' means \n individuals and representatives of agencies, institutions, and \n organizations with interest in the activities and outcomes of \n the juvenile justice system, including--\n ``(A) youth and family members of youth who have \n had contact with the juvenile justice system;\n ``(B) youth and families of color;\n ``(C) defense attorneys for youth, prosecutors for \n the juvenile court, and juvenile court judges; and\n ``(D) representatives of school systems, law \n enforcement agencies, juvenile detention and \n corrections, juvenile probation departments, and \n community-based providers of gender-specific services \n and services to youth of color and juvenile justice-\n involved youth.''.\n\nSEC. 3. ANNUAL REPORT.\n\n Section 207(1) of the Juvenile Justice and Delinquency Prevention \nAct of 1974 (42 U.S.C. 5617(1)) is amended--\n (1) in subparagraph (B) by inserting ``, ethnicity,'' after \n ``race'',\n (2) in subparagraph (E) by striking ``and'' at the end,\n (3) in subparagraph (F) by striking the period at the end \n and inserting ``; and'', and\n (4) by adding at the end the following:\n ``(G) how State plans are meeting the requirement \n under section 223(a)(7)(B)(i).''.\n\nSEC. 4. STATE PLANS.\n\n Section 223(a) of the Juvenile Justice and Delinquency Prevention \nAct of 1974 (42 U.S.C. 5633(a)) is amended--\n (1) in paragraph (3)(A)(ii)--\n (A) in subclause (VII) by striking ``and'' at the \n end,\n (B) in subclause (VIII) by adding ``and'' at the \n end, and\n (C) by adding at the end the following:\n ``(IX) individuals with special \n experience or competence in addressing \n the needs of girls or implementing \n gender responsive services;'',\n (2) in paragraph (7)(B)--\n (A) in clause (iii) by striking ``and'' at the end,\n (B) in clause (iv) by adding ``and'' at the end, \n and\n (C) by adding at the end the following:\n ``(v) a plan for providing easily \n accessible, community-based and operated, \n culturally and linguistically appropriate \n services to youth at-risk or in contact with \n the juvenile justice system;'',\n (3) in paragraph (11)--\n (A) by striking ``shall,'',\n (B) in subparagraph (A)--\n (i) in clause (i) by striking the semicolon \n at the end,\n (ii) by striking ``excluding--'' and all \n that follows through ``(i)'' and inserting \n ``excluding'',\n (iii) by striking clauses (ii) and (iii), \n and\n (iv) by striking ``and'' at the end, and\n (C) by adding at the end the following:\n ``(C) not later than 3 years after the effective \n date of this subparagraph, or sooner if possible, no \n exceptions to this paragraph shall be permissible in \n relation to--\n ``(i) juveniles who are charged with or who \n have committed a violation of a valid court \n order; and\n ``(ii) juveniles who are held in accordance \n with the Interstate Compact on Juveniles as \n enacted by the State; and\n ``(D) efforts shall be made to care safely for \n juveniles described in subparagraphs (A) and (B) by \n utilizing staff-secure and other community-based \n alternatives to secure detention, including the Runaway \n and Homeless Youth Act programs administered by the \n Family and Youth Services Bureau of the Administration \n for Children and Families of the Department of Health \n and Human Services;'',\n (4) in paragraph (12)--\n (A) in subparagraph (A) by striking ``and'' at the \n end,\n (B) in subparagraph (B) by adding ``and'' at the \n end, and\n (C) by adding at the end the following:\n ``(C) not later than 3 years after the effective \n date of this provision, or sooner if possible, \n juveniles awaiting trial or any other legal process and \n who are treated as adults for purposes of prosecution \n in criminal court shall not have contact with adult \n inmates when held in the custody of the criminal \n court;'',\n (5) in paragraph (13)--\n (A) by inserting after ``adults'' the 1st place it \n appears the following:\n ``, and provide that not later than 3 years after the effective \n date of this bill, or sooner if possible, juveniles treated as \n adults for purposes of prosecution in criminal court and \n juveniles prosecuted as adults in criminal court may not be \n held in any jail or lockup for adults while awaiting trial on a \n criminal charge,'', and\n (B) in subparagraph (A) by adding ``and'' at the \n end,\n (6) in paragraph (15) by inserting ``ethnicity,'' after \n ``race,'',\n (7) by striking paragraphs (22) and (23),\n (8) by redesignating paragraphs (14) through (28) as \n paragraphs (15) through (27), respectively, and\n (9) by after paragraph (13) the following:\n ``(14) implement policy, practice, and system improvement \n strategies at the State, territorial, local, and tribal levels \n to identify and reduce racial and ethnic disparities among \n youth who come into contact with the juvenile justice system \n by--\n ``(A) establishing coordinating bodies to oversee \n and monitor State, territorial, local, or tribal \n efforts to reduce racial and ethnic disparities, \n composed of juvenile justice stakeholders at the State, \n territorial, local, or tribal levels, including \n community leaders and service providers from \n communities in which youth of color are \n disproportionately represented in the juvenile justice \n system;\n ``(B) identifying and analyzing key decision \n points, and the criteria used to make those decisions, \n in State, territorial, local, or tribal juvenile \n justice systems, to determine which points create \n racial and ethnic disparities among juveniles who come \n into contact with the juvenile justice system and the \n causes of those disparities;\n ``(C) developing and implementing State, \n territorial, local, or tribal data collection and \n analysis systems to identify where racial and ethnic \n disparities exist in the juvenile justice system and to \n track and analyze such disparities using descriptors \n disaggregated, as appropriate, by factors including \n race, ethnicity, sex, geography, offense, delinquency \n history, and age;\n ``(D) developing and implementing a work plan that \n includes measurable objectives for policy changes, \n practice changes or other system changes, based on the \n needs identified in the data collection and analysis \n under subparagraph (B) and designed to reduce any forms \n of bias, differential treatment of youth of color or \n disparities found to be associated with race and \n ethnicity, including provision of culturally and \n linguistically competent services; and\n ``(E) tracking and publicly reporting, on an annual \n basis, the efforts and progress made in accordance with \n subparagraphs (B), (C), and (D).''.\n\nSEC. 5. RESEARCH AND EVALUATION.\n\n Section 251 of the Juvenile Justice and Delinquency Prevention Act \nof 1974 (42 U.S.C. 5661) is amended--\n (1) in subsection (a)(1)(B) by--\n (A) in clause (x) by striking ``and'' at the end,\n (B) in clause (xi) by striking the period at the \n end and inserting ``; and'', and\n (C) by adding at the end the following:\n ``(xii) juveniles treated as adults for purposes of \n prosecution in criminal court.'', and\n (2) by adding at the end the following:\n ``(f) Assessment of Treating Juveniles as Adults.--The \nAdministrator shall--\n ``(1) not later than 3 years after the effective date this \n subsection, assess the effectiveness of the practice of \n treating juveniles as adults for purposes of prosecution in \n criminal court; and\n ``(2) not later than 6 months after making the assessment \n required by paragraph (1)--\n ``(A) submit to the Speaker of the House of \n Representatives, the Speaker pro tempore of the Senate, \n and the President a report containing the findings, \n conclusions, and any recommended changes in law \n identified as a result of such assessment; and\n ``(B) make such report available to the public.''.\n\nSEC. 6. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTIONS PROGRAMS.\n\n Section 504(a) of the Incentive Grants for Local Delinquency \nPrevention Programs Act of 2002 (42 U.S.C. 5784(a)) is amended--\n (1) in paragraph (7) by striking ``and'' at the end,\n (2) by redesignating paragraph (8) as paragraph (9), and\n (3) by inserting the following after paragraph (7) the \n following:\n ``(8) gender specific services that address the above \n purpose areas; and''.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect on \nthe 1st day of the 1st fiscal year that begins after the date of the \nenactment of this Act.","summary":"Juvenile Justice Reform Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise the definition of contact in such Act to include any sight or sound interaction between a juvenile in custody and an adult inmate. (2) expand eligibility for participation in grant programs under such Act to certain individuals and organizations with an interest in the juvenile justice system. (3) require state plans under such Act to provide for increased protections for juveniles in custody, provide for culturally and linguistically appropriate services to juveniles at risk, and establish policies and strategies to identify and reduce racial and ethnic disparities among youths in the juvenile justice system. (4) require the inclusion on state juvenile delinquency prevention advisory boards of individuals with experience and competence in addressing the needs of girls or in implementing gender responsive services. And (5) require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to assess and report on the effectiveness of treating juveniles as adults for purposes of criminal prosecutions. Amends the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 to require the inclusion of gender specific services in the incentive grant program for juvenile delinquency prevention.","title":"To amend and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes.","text_len":11700,"sum_len":1357} {"bill_id":"109_s3985","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Outer Continental Shelf Royalty \nReform and Enhancement Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Gulf producing state.--The term ``Gulf producing \n State'' means each of the States of Alabama, Louisiana, \n Mississippi, and Texas.\n (2) Qualified outer continental shelf revenues.--\n (A) In general.--The term ``qualified outer \n Continental Shelf revenues'' means all rentals, \n royalties, bonus bids, and other sums due and payable \n to the United States under section 5.\n (B) Exclusions.--The term ``qualified outer \n Continental Shelf revenues'' does not include--\n (i) revenues from the forfeiture of a bond \n or other surety securing obligations other than \n royalties, civil penalties, or royalties taken \n by the Secretary in-kind and not sold; or\n (ii) revenues generated from leases subject \n to section 8(g) of the Outer Continental Shelf \n Lands Act (43 U.S.C. 1337(g)).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. PRICE THRESHOLD REQUIREMENT FOR FUTURE LEASES.\n\n Notwithstanding any other provision of law, the Secretary shall \nplace limitations based on market price on the royalty relief granted \nunder any lease for the production of oil or natural gas entered into \non or after the date of enactment of this Act.\n\nSEC. 4. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE THRESHOLDS FOR \n CERTAIN LEASE SALES.\n\n Congress reaffirms the authority of the Secretary under section \n8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1337(a)(1)(H)) to vary, based on the price of production from a lease, \nthe suspension of royalties under any lease subject to section 304 of \nthe Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. \n1337 note; Public Law 104-58).\n\nSEC. 5. RECOVERY OF REVENUE FROM LEASES WITHOUT PRICE THRESHOLDS.\n\n (a) Offer To Amend Payment Responsibilities.--\n (1) In general.--The Secretary shall offer to enter into \n written agreements to amend the payment responsibilities under \n each lease entered into by the Secretary that--\n (A) authorizes the production of oil or natural gas \n on the Outer Continental Shelf;\n (B) provides for relief from the payment of \n royalties; and\n (C) does not provide for the suspension of the \n relief based on an increase in the price of oil or \n natural gas, respectively, above specified thresholds.\n (2) Offers.--Not later than 30 days after the date of \n enactment of this Act, the Secretary shall provide each lessee \n that has entered into a lease described in paragraph (1) with a \n separate written offer to amend the payment responsibilities of \n the lessee under the lease.\n (3) Multiple lessees.--In carrying out this subsection, if \n multiple persons own a share of the lease, the Secretary may \n enter into a separate agreement with each person that reflects \n the respective interest of the person in the lease.\n (4) Price thresholds.--The offer shall propose imposing \n price thresholds beginning in the calendar year in which the \n offer is accepted at a level that is consistent with the price \n thresholds contained in outer Continental Shelf leases that \n contained price thresholds that were entered into for calendar \n years 1996, 1997, and 2000.\n (b) Increased Royalty Rates.--In addition to the authority provided \nunder subsection (a), the Secretary may increase the royalty rate on \nall leases entered into by the Secretary on or after the date of \nenactment of this Act for the production of oil or natural gas on the \nouter Continental Shelf to a rate that is necessary to recover the \nrevenues lost from leases described in subsection (a)(1) in an amount \nthat (in conjunction with written agreements entered into under \nsubsection (a)) is sufficient to recover $12,000,000,000 during the \nperiod of fiscal years 2007 through 2018.\n\nSEC. 6. DISPOSITION OF RECOVERED QUALIFIED OUTER CONTINENTAL SHELF \n REVENUES.\n\n (a) In General.--Notwithstanding section 9 of the Outer Continental \nShelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of \nthis section, for each applicable fiscal year, the Secretary of the \nTreasury shall deposit--\n (1) 50 percent of qualified outer Continental Shelf \n revenues in a special account in the Treasury, to be disbursed \n to Gulf producing States by the Secretary in a manner \n consistent with section 31(b) of the Outer Continental Shelf \n Lands Act (43 U.S.C. 1356a(b)), as determined by the Secretary;\n (2) 12\\1\/2\\ percent to provide financial assistance to \n States in accordance with section 6 of the Land and Water \n Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall \n be considered income to the Land and Water Conservation Fund \n for purposes of section 2 of that Act (16 U.S.C. 460l-5); and\n (3) 37\\1\/2\\ percent of qualified outer Continental Shelf \n revenues in the general fund of the Treasury, to be used for \n deficit reduction.\n (b) Timing.--The amounts required to be deposited under paragraphs \n(1) and (2) of subsection (a) for the applicable fiscal year shall be \nmade available in accordance with that paragraph during the fiscal year \nimmediately following the applicable fiscal year.\n (c) Administration.--Amounts made available under paragraphs (1) \nand (2) of subsection (a) shall--\n (1) be made available, without further appropriation, in \n accordance with this section;\n (2) remain available until expended; and\n (3) be in addition to any amounts appropriated under--\n (A) the Outer Continental Shelf Lands Act (43 \n U.S.C. 1331 et seq.);\n (B) the Land and Water Conservation Fund Act of \n 1965 (16 U.S.C. 460l-4 et seq.); or\n (C) any other provision of law.\n\nSEC. 7. FEDERAL GUARANTEE OF STATE BOND.\n\n The Secretary shall guarantee the repayment of a bond issued by the \nState of Louisiana for constructing and carrying out coastal wetland \nrestoration projects and related storm protection infrastructure (to be \nrepaid using qualified outer Continental Shelf revenues received by the \nState for fiscal years 2017 through 2027) in an amount equal to 100 \npercent of the outstanding principal of the bond, on a determination by \nthe Secretary that--\n (1) the amount of the bond does not exceed 80 percent of \n the estimated amount of qualified outer Continental Shelf \n revenues the State will receive for fiscal years 2017 through \n 2027;\n (2) the funds will be used in accordance with a plan \n submitted by the State; and\n (3) the bond is in a registered form and contains \n appropriate legal guarantees for repayment using qualified \n Outer Continental shelf revenues for fiscal years 2017 through \n 2027.","summary":"Outer Continental Shelf Royalty Reform and Enhancement Act of 2006 - Directs the Secretary of the Interior (Secretary) to place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after enactment of this Act. Declares that Congress reaffirms the authority of the Secretary to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to specified requirements of the Outer Continental Shelf Deep Water Royalty Relief Act. Instructs the Secretary to offer to enter into written agreements to amend the payment responsibilities under each lease that: (1) authorizes the production of oil or natural gas on the Outer Continental Shelf, (2) provides for relief from the payment of royalties. And (3) does not provide for suspension of royalty relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. Authorizes the Secretary to increase royalty rates on leases for oil or natural gas production on the Outer Continental Shelf. Requires the Secretary of the Treasury to deposit certain percentages of Outer Continental Shelf revenues for: (1) disbursement to Gulf producing states. (2) financial assistance to states for land and water conservation as well as outdoor recreation purposes. And (3) deficit reduction. Requires the Secretary of the Interior to guarantee the repayment of 100 of the outstanding principal of a bond issued by the state of Louisiana for coastal wetland restoration projects and related storm protection infrastructure.","title":"A bill to promote the recovery of oil and gas revenues on the Outer Continental Shelf, and for other purposes.","text_len":7575,"sum_len":1625} {"bill_id":"113_hr2352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Eleanor Smith Inclusive Home Design \nAct of 2013''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) Covered dwelling unit.--The term ``covered dwelling \n unit'' means a dwelling unit that--\n (A) is a detached single family house, a townhouse \n or multi-level dwelling unit (whether detached or \n attached to other units or structures), or a ground-\n floor unit in a building of three or fewer dwelling \n units;\n (B) is designed as, or intended for occupancy as, a \n residence;\n (C) was designed, constructed, or commissioned, \n contracted or otherwise arranged for construction, by \n any person or entity who, at any time before the design \n or construction, received or was guaranteed Federal \n financial assistance for any program or activity; and\n (D) is made available for first occupancy after the \n expiration of the one-year period beginning on the date \n of the enactment of this Act.\n (2) Federal financial assistance.--The term ``Federal \n financial assistance'' means--\n (A) any assistance that is provided or otherwise \n made available by the Secretary of Housing and Urban \n Development or the Secretary of Veterans Affairs, or \n any program or activity or such agencies, through any \n grant, loan, contract, or any other arrangement, after \n the expiration of the one-year period beginning on the \n date of the enactment of this Act, including--\n (i) grants, subsidies, or any other funds;\n (ii) services of Federal personnel;\n (iii) real or personal property or any \n interest in or use of such property, \n including--\n (I) transfers or leases of the \n property for less than the fair market \n value or for reduced consideration; and\n (II) proceeds from a subsequent \n transfer or lease of the property if \n the Federal share of its fair market \n value is not returned to the Federal \n Government;\n (iv) any tax credit, mortgage or loan \n guarantee or insurance; and\n (v) community development funds in the form \n of obligations guaranteed under section 108 of \n the Housing and Community Development Act of \n 1974 (42 U.S.C. 5308); or\n (B) any assistance that is provided or otherwise \n made available by the Secretary of Agriculture under \n title V of the Housing Act of 1949 (42 U.S.C. 1471 et \n seq.).\n (3) Person or entity.--The term ``person or entity'' \n includes one or more individuals, corporations (including not-\n for-profit corporations), partnerships, associations, labor \n organizations, legal representatives, mutual corporations, \n joint-stock companies, trusts, unincorporated associations, \n trustees, trustees in cases under title 11 of the United States \n Code, receivers, and fiduciaries.\n\nSEC. 3. VISITABILITY REQUIREMENT.\n\n It shall be unlawful for any person referred to in section 2(1)(C) \nwith respect to a covered dwelling unit to fail to ensure that such \ndwelling unit contains at least one level that complies with the \nStandards for Type C (Visitable) Units of the American National \nStandards Institute (ANSI) Standards for Accessible and Usable \nBuildings and Facilities (1005-ICC ANSI A117.1-2009) and any future \nrevisions thereto.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Requirement for Federal Financial Assistance.--Each applicant \nfor Federal financial assistance shall submit an assurance to the \nFederal agency responsible for such assistance that all of its programs \nand activities will be conducted in compliance with this Act.\n (b) Approval of Architectural and Construction Plans.--\n (1) Submission.--Any applicant for or recipient of Federal \n financial assistance for a covered dwelling unit shall submit \n for approval the architectural and construction plans for such \n unit to the State or local department or agency that is \n responsible, under applicable State or local law, for the \n review and approval of construction plans for compliance with \n generally applicable building codes or requirements (in this \n subsection referred to as the ``appropriate State or local \n agency'').\n (2) Determination of compliance.--\n (A) Enforcement actions.--The enforcement actions \n under this subparagraph are--\n (i) reviewing any plans for a covered \n dwelling unit submitted pursuant to paragraph \n (1) and approving or disapproving such plans \n based upon compliance of the dwelling unit with \n the requirements of this Act; and\n (ii) consistent with applicable State or \n local laws and procedures, withholding final \n approval of construction or occupancy of a \n covered dwelling unit unless and until such \n compliance is determined.\n (B) Condition of federal housing assistance.--The \n Secretary of Housing and Urban Development may not \n provide any Federal financial assistance under any \n program administered by such Secretary to a State or \n unit of general local government (or any agency \n thereof) unless the appropriate State or local agency \n thereof is, in the determination of the Secretary, \n taking the enforcement actions under subparagraph (A).\n (c) Civil Action for Private Persons.--\n (1) Action.--Any person aggrieved by an act or omission \n that is unlawful under this Act may commence a civil action in \n an appropriate United States district court or State court \n against any person or entity responsible for any part of the \n design or construction of a covered dwelling unit no later than \n two years after the occurrence or termination of the alleged \n unlawful conduct under this Act.\n (2) Liability.--In any action under this subsection for a \n violation involving architectural or construction plans for a \n covered dwelling unit that were approved by the appropriate \n State or local department or agency--\n (A) if such approved plans violate this Act and any \n construction on such dwelling that violates this Act \n was performed in accordance with such approved plans, \n such State or local department or agency shall be \n liable for such construction in violation; and\n (B) if such approved plans comply with this Act and \n any construction on such dwelling violates this Act, \n the person or entity responsible for the construction \n shall be liable for such construction in violation.\n (d) Enforcement by Attorney General.--Whenever the Attorney General \nhas reasonable cause to believe that any person or group of persons has \nviolated this Act, the Attorney General may commence a civil action in \nany appropriate United States district court. The Attorney General may \nalso, upon timely application, intervene in any civil action brought \nunder subsection (c) by a private person if the Attorney General \ncertifies that the case is of general public importance.\n (e) Relief.--In any civil action brought under this section, if the \ncourt finds that a violation of this title has occurred or is about to \noccur, it may award to the plaintiff actual and punitive damages, and \nsubject to subsection (g), may grant as relief, as the court finds \nappropriate, any permanent or temporary injunction, temporary \nrestraining order, or other order (including an order enjoining the \ndefendant from violating the Act or ordering such affirmative action as \nmay be appropriate).\n (f) Violations.--For purposes of this section, a violation \ninvolving a covered dwelling unit that is not designed or constructed \nin conformity with the requirements of this Act shall not be considered \nto terminate until the violation is corrected.\n (g) Attorney's Fees.--In any civil action brought under this \nsection, the court, in its discretion, may allow the prevailing party, \nother than the United States, a reasonable attorney's fee and costs.\n (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief \ngranted under this section shall not affect any contract, sale, \nencumbrance, or lease consummated before the granting of such relief \nand involving a bona fide purchaser, encumbrancer, or tenant, without \nactual notice of a civil action under this title.\n\nSEC. 5. EFFECT ON STATE LAWS.\n\n Nothing in this Act shall be constructed to invalidate or limit any \nlaw of a State or political subdivision of a State, or of any other \njurisdiction in which this Act shall be effective, that grants, \nguarantees, or provides the same rights, protections, and requirements \nas are provided by this Act, but any law of a State, a political \nsubdivision thereof, or other such jurisdiction that purports to \nrequire or permit any action that would violate this Act shall to that \nextent be invalid.\n\nSEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.\n\n Nothing in this Act shall limit any right, procedure, or remedy \navailable under the Constitution or any other Act of the Congress.\n\nSEC. 7. SEVERABILITY OF PROVISIONS.\n\n If any provision of this Act of the application thereof to any \nperson or circumstances is held invalid, the remainder of the Act and \nthe application of the provision to other persons not similarly \nsituated shall not be affected thereby.","summary":"Eleanor Smith Inclusive Home Design Act of 2013 - Requires newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities and any future revisions. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a US district court or state court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.","title":"Eleanor Smith Inclusive Home Design Act of 2013","text_len":10674,"sum_len":1018} {"bill_id":"106_s1874","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Police Athletic League \nYouth Enrichment Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The goals of the Police Athletic League are to--\n (A) increase the academic success of youth \n participants in PAL programs;\n (B) promote a safe, healthy environment for youth \n under the supervision of law enforcement personnel \n where mutual trust and respect can be built;\n (C) increase school attendance by providing \n alternatives to suspensions and expulsions;\n (D) reduce the juvenile crime rate in participating \n designated communities and the number of police calls \n involving juveniles during nonschool hours;\n (E) provide youths with alternatives to drugs, \n alcohol, tobacco, and gang activity;\n (F) create positive communications and interaction \n between youth and law enforcement personnel; and\n (G) prepare youth for the workplace.\n (2) The Police Athletic League, during its 55-year history \n as a national organization, has proven to be a positive force \n in the communities it serves.\n (3) The Police Athletic League is a network of 1,700 \n facilities serving over 3,000 communities. There are 320 PAL \n chapters throughout the United States, the Virgin Islands, and \n the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages \n 5 to 18, nationwide.\n (4) Based on PAL chapter demographics, approximately 82 \n percent of the youths who benefit from PAL programs live in \n inner cities and urban areas.\n (5) PAL chapters are locally operated, volunteer-driven \n organizations. Although most PAL chapters are sponsored by a \n law enforcement agency, PAL chapters receive no direct funding \n from law enforcement agencies and are dependent in large part \n on support from the private sector, such as individuals, \n business leaders, corporations, and foundations. PAL chapters \n have been exceptionally successful in balancing public funds \n with private sector donations and maximizing community \n involvement.\n (6) Today's youth face far greater risks than did their \n parents and grandparents. Law enforcement statistics \n demonstrate that youth between the ages of 12 and 17 are at \n risk of committing violent acts and being victims of violent \n acts between the hours of 3 p.m. and 8 p.m.\n (7) Greater numbers of students are dropping out of school \n and failing in school, even though the consequences of academic \n failure are more dire in 1999 than ever before.\n (8) Many distressed areas in the United States are still \n underserved by PAL chapters.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to provide adequate resources in the \nform of--\n (1) assistance for the 320 established PAL chapters to \n increase of services to the communities they are serving; and\n (2) seed money for the establishment of 250 (50 per year \n over a 5-year period) additional local PAL chapters in public \n housing projects and other distressed areas, including \n distressed areas with a majority population of Native \n Americans, by not later than fiscal year 2005.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Assistant attorney general.--The term ``Assistant \n Attorney General'' means the Assistant Attorney General for the \n Office of Justice Programs of the Department of Justice.\n (2) Distressed area.--The term ``distressed area'' means an \n urban, suburban, or rural area with a high percentage of high-\n risk youth, as defined in section 509A of the Public Health \n Service Act (42 U.S.C. 290aa-8(f)).\n (3) PAL chapter.--The term ``PAL chapter'' means a chapter \n of a Police or Sheriff's Athletic\/Activities League.\n (4) Police athletic league.--The term ``Police Athletic \n League'' means the private, nonprofit, national representative \n organization for 320 Police or Sheriff's Athletic\/Activities \n Leagues throughout the United States (including the Virgin \n Islands and the Commonwealth of Puerto Rico).\n (5) Public housing; project.--The terms ``public housing'' \n and ``project'' have the meanings given those terms in section \n 3(b) of the United States Housing Act of 1937 (42 U.S.C. \n 1437a(b)).\n\nSEC. 5. GRANTS AUTHORIZED.\n\n (a) In General.--For each of fiscal years 2000, 2001, 2002, 2003, \nand 2004, the Assistant Attorney General shall award a grant to the \nPolice Athletic League for the purpose of establishing PAL chapters to \nserve public housing projects and other distressed areas, and expanding \nexisting PAL chapters to serve additional youths.\n (b) Application.--\n (1) Submission.--In order to be eligible to receive a grant \n under this section, the Police Athletic League shall submit to \n the Assistant Attorney General an application, which shall \n include--\n (A) a long-term strategy to establish 250 \n additional PAL chapters and detailed summary of those \n areas in which new PAL chapters will be established, or \n in which existing chapters will be expanded to serve \n additional youths, during the next fiscal year;\n (B) a plan to ensure that there are a total of not \n less than 570 PAL chapters in operation before January \n 1, 2003;\n (C) a certification that there will be appropriate \n coordination with those communities where new PAL \n chapters will be located; and\n (D) an explanation of the manner in which new PAL \n chapters will operate without additional, direct \n Federal financial assistance once assistance under this \n Act is discontinued.\n (2) Review.--The Assistant Attorney General shall review \n and take action on an application submitted under paragraph (1) \n not later than 120 days after the date of such submission.\n\nSEC. 6. USE OF FUNDS.\n\n (a) In General.--\n (1) Assistance for new and expanded chapters.--Amounts made \n available under a grant awarded under this Act shall be used by \n the Police Athletic League to provide funding for the \n establishment of PAL chapters serving public housing projects \n and other distressed areas, or the expansion of existing PAL \n chapters.\n (2) Program requirements.--Each new or expanded PAL chapter \n assisted under paragraph (1) shall carry out not less than 4 \n programs during nonschool hours, of which--\n (A) not less than 2 programs shall provide--\n (i) mentoring assistance;\n (ii) academic assistance;\n (iii) recreational and athletic activities; \n or\n (iv) technology training; and\n (B) any remaining programs shall provide--\n (i) drug, alcohol, and gang prevention \n activities;\n (ii) health and nutrition counseling;\n (iii) cultural and social programs;\n (iv) conflict resolution training, anger \n management, and peer pressure training;\n (v) job skill preparation activities; or\n (vi) Youth Police Athletic League \n Conferences or Youth Forums.\n (b) Additional Requirements.--In carrying out the programs under \nsubsection (a), a PAL chapter shall, to the maximum extent \npracticable--\n (1) use volunteers from businesses, academic communities, \n social organizations, and law enforcement organizations to \n serve as mentors or to assist in other ways;\n (2) ensure that youth in the local community participate in \n designing the after-school activities;\n (3) develop creative methods of conducting outreach to \n youth in the community;\n (4) request donations of computer equipment and other \n materials and equipment; and\n (5) work with State and local park and recreation agencies \n so that activities funded with amounts made available under a \n grant under this Act will not duplicate activities funded from \n other sources in the community served.\n\nSEC. 7. REPORTS.\n\n (a) Report to Assistant Attorney General.--For each fiscal year for \nwhich a grant is awarded under this Act, the Police Athletic League \nshall submit to the Assistant Attorney General a report on the use of \namounts made available under the grant.\n (b) Report to Congress.--Not later than May 1 of each fiscal year \nfor which amounts are made available to carry out this Act, the \nAssistant Attorney General shall submit to the Committee on the \nJudiciary of the Senate a report that details the progress made under \nthis Act in establishing and expanding PAL chapters in public housing \nprojects and other distressed areas, and the effectiveness of the PAL \nprograms in reducing drug abuse, school dropouts, and juvenile crime.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act $16,000,000 for each of fiscal years 2000 through 2004.\n (b) Funding for Program Administration.--Of the amount made \navailable to carry out this Act in each fiscal year--\n (1) not less than 2 percent shall be used for research and \n evaluation of the grant program under this Act;\n (2) not less than 1 percent shall be used for technical \n assistance related to the use of amounts made available under \n grants awarded under this Act; and\n (3) not less than 1 percent shall be used for the \n management and administration of the grant program under this \n Act, except that the total amount made available under this \n paragraph for administration of that program shall not exceed 6 \n percent.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall take effect on October 1, 1999.","summary":"National Police Athletic League Youth Enrichment Act of 1999 - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, for each of FY 2000 through 2004, to award a grant to the Police Athletic League (PAL) for the purposes of establishing PAL chapters to serve public housing projects and other distressed areas and expanding existing chapters to serve additional youths. Requires PAL, in order to be eligible to receive a grant, to submit to the Assistant Attorney General an application which shall include: (1) a long-term strategy to establish 250 additional chapters and a detailed summary of those areas in which new chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year. (2) a plan to ensure that there are a total of not less than 570 chapters in operation before January 1, 2003. (3) a certification that there will be appropriate coordination with those communities where new chapters will be located. And (4) an explanation of the manner in which new chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. Directs the Assistant Attorney General to review, and take action on, an application within 120 days after the date of submission. Directs that amounts made available under a grant awarded under this Act be used by the PAL to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Requires that each new or expanded PAL chapter assisted carry out not less than four programs during non-school hours, of which: (1) not less than two programs shall provide mentoring assistance, academic assistance, recreational and athletic activities, or technology training. And (2) any remaining programs shall provide drug, alcohol, and gang prevention activities, health and nutrition counseling, cultural and social programs, conflict resolution training, anger management, and peer pressure training, job skill preparation activities. Or Youth Police Athletic League Conferences or Youth Forums. Sets forth reporting requirements. Authorizes appropriations. Sets aside specified percentages of grant sums for research and evaluation, technical assistance, and management and administration.","title":"National Police Athletic League Youth Enrichment Act of 1999","text_len":10820,"sum_len":2397} {"bill_id":"109_s4001","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``New England \nWilderness Act of 2006''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSection 1. Short title; table of contents.\nSec. 2. Definition of Secretary.\n\n TITLE I--NEW HAMPSHIRE\n\nSec. 101. Definition of State.\nSec. 102. Designation of wilderness areas.\nSec. 103. Map and description.\nSec. 104. Administration.\n\n TITLE II--VERMONT\n\nSec. 201. Definitions.\n\n Subtitle A--Designation of Wilderness Areas\n\nSec. 211. Designation.\nSec. 212. Map and description.\nSec. 213. Administration.\n\n Subtitle B--Moosalamoo National Recreation Area\n\nSec. 221. Designation.\nSec. 222. Map and description.\nSec. 223. Administration of National Recreation Area.\n\nSEC. 2. DEFINITION OF SECRETARY.\n\n In this Act, the term ``Secretary'' means the Secretary of \nAgriculture, acting through the Chief of the Forest Service.\n\n TITLE I--NEW HAMPSHIRE\n\nSEC. 101. DEFINITION OF STATE.\n\n In this title, the term ``State'' means the State of New Hampshire.\n\nSEC. 102. DESIGNATION OF WILDERNESS AREAS.\n\n In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the \nfollowing Federal land in the State is designated as wilderness and as \ncomponents of the National Wilderness Preservation System:\n (1) Certain Federal land managed by the Forest Service, \n comprising approximately 23,700 acres, as generally depicted on the \n map entitled ``Proposed Wild River Wilderness--White Mountain \n National Forest'', dated February 6, 2006, which shall be known as \n the ``Wild River Wilderness''.\n (2) Certain Federal land managed by the Forest Service, \n comprising approximately 10,800 acres, as generally depicted on the \n map entitled ``Proposed Sandwich Range Wilderness Additions--White \n Mountain National Forest'', dated February 6, 2006, and which are \n incorporated in the Sandwich Range Wilderness, as designated by the \n New Hampshire Wilderness Act of 1984 (Public Law 98-323; 98 Stat. \n 259).\n\nSEC. 103. MAP AND DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall file a map and a legal description of \neach wilderness area designated by section 102 with the committees of \nappropriate jurisdiction in the Senate and the House of \nRepresentatives.\n (b) Force and Effect.--A map and legal description filed under \nsubsection (a) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct clerical and \ntypographical errors in the map and legal description.\n (c) Public Availability.--Each map and legal description filed \nunder subsection (a) shall be filed and made available for public \ninspection in the Office of the Chief of the Forest Service.\n\nSEC. 104. ADMINISTRATION.\n\n (a) Administration.--Subject to valid existing rights, each \nwilderness area designated under this title shall be administered by \nthe Secretary in accordance with--\n (1) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (2) the Wilderness Act (16 U.S.C. 1131 et seq.).\n (b) Effective Date of Wilderness Act.--With respect to any \nwilderness area designated by this title, any reference in the \nWilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the \nWilderness Act shall be deemed to be a reference to the date of \nenactment of this Act.\n (c) Fish and Wildlife.--As provided in section 4(d)(7) of the \nWilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects \nany jurisdiction or responsibility of the State with respect to \nwildlife and fish in the State.\n (d) Withdrawal.--Subject to valid existing rights, all Federal land \nin the wilderness areas designated by section 102 are withdrawn from--\n (1) all forms of entry, appropriation, or disposal under the \n public land laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under the mineral leasing laws (including \n geothermal leasing laws).\n\n TITLE II--VERMONT\n\nSEC. 201. DEFINITIONS.\n\n In this title:\n (1) Management plan.--The term ``Management Plan'' means the \n Green Mountain National Forest Land and Resource Management Plan.\n (2) State.--The term ``State'' means the State of Vermont.\n\n Subtitle A--Designation of Wilderness Areas\n\nSEC. 211. DESIGNATION.\n\n In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the \nfollowing areas in the State are designated as wilderness areas and as \ncomponents of the National Wilderness Preservation System:\n (1) Certain Federal land managed by the United States Forest \n Service, comprising approximately 22,425 acres, as generally \n depicted on the map entitled ``Glastenbury Wilderness--Proposed'', \n dated September 2006, which shall be known as the ``Glastenbury \n Wilderness''.\n (2) Certain Federal land managed by the United States Forest \n Service, comprising approximately 12,333 acres, as generally \n depicted on the map entitled ``Joseph Battell Wilderness--\n Proposed'', dated September 2006, which shall be known as the \n ``Joseph Battell Wilderness''.\n (3) Certain Federal land managed by the United States Forest \n Service, comprising approximately 3,757 acres, as generally \n depicted on the map entitled ``Breadloaf Wilderness Additions--\n Proposed'', dated September 2006, which shall be known as the \n ``Breadloaf Wilderness''.\n (4) Certain Federal land managed by the United States Forest \n Service, comprising approximately 2,338 acres, as generally \n depicted on the map entitled ``Lye Brook Wilderness Additions--\n Proposed'', dated September 2006, which shall be known as the ``Lye \n Brook Wilderness''.\n (5) Certain Federal land managed by the United States Forest \n Service, comprising approximately 752 acres, as generally depicted \n on the map entitled ``Peru Peak Wilderness Additions--Proposed'', \n dated September 2006, which shall be known as the ``Peru Peak \n Wilderness''.\n (6) Certain Federal land managed by the United States Forest \n Service, comprising approximately 47 acres, as generally depicted \n on the map entitled ``Big Branch Wilderness Additions--Proposed'', \n dated September 2006, which shall be known as the ``Big Branch \n Wilderness''.\n\nSEC. 212. MAP AND DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall file a map and a legal description of \neach wilderness area designated by section 211 with--\n (1) the Committee on Resources of the House of Representatives;\n (2) the Committee on Agriculture of the House of \n Representatives; and\n (3) the Committee on Agriculture, Nutrition, and Forestry of \n the Senate.\n (b) Force of Law.--A map and legal description filed under \nsubsection (a) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct clerical and \ntypographical errors in the map and legal description.\n (c) Public Availability.--Each map and legal description filed \nunder subsection (a) shall be filed and made available for public \ninspection in the Office of the Chief of the Forest Service.\n\nSEC. 213. ADMINISTRATION.\n\n (a) Administration.--Subject to valid rights in existence on the \ndate of enactment of this Act, each wilderness area designated under \nthis subtitle and in the Green Mountain National Forest (as of the date \nof enactment of this Act) shall be administered by the Secretary in \naccordance with the Wilderness Act (16 U.S.C. 1131 et seq.).\n (b) Fish and Wildlife.--Nothing in this subtitle affects the \njurisdiction of the State with respect to wildlife and fish on the \npublic land located in the State, including the stocking of fish in \nrivers and streams in the State to support the Connecticut River \nAtlantic Salmon Restoration Program.\n (c) Trails.--The Forest Service shall allow the continuance of--\n (1) the Appalachian National Scenic Trail;\n (2) the Long Trail;\n (3) the Catamount Trail; and\n (4) the marking and maintenance of associated trails and trail \n structures of the Trails referred to in this subsection, consistent \n with the management direction (including objectives, standards, \n guidelines, and agreements with partners) established for the \n Appalachian National Scenic Trail, Long Trail, and Catamount Trail \n under the Management Plan.\n\n Subtitle B--Moosalamoo National Recreation Area\n\nSEC. 221. DESIGNATION.\n\n Certain Federal land managed by the United States Forest Service, \ncomprising approximately 15,857 acres, as generally depicted on the map \nentitled ``Moosalamoo National Recreation Area--Proposed'', dated \nSeptember 2006, is designated as the ``Moosalamoo National Recreation \nArea''.\n\nSEC. 222. MAP AND DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall file a map and a legal description of \nthe national recreation area designated by section 221 with--\n (1) the Committee on Resources of the House of Representatives;\n (2) the Committee on Agriculture of the House of \n Representatives; and\n (3) the Committee on Agriculture, Nutrition, and Forestry of \n the Senate.\n (b) Force of Law.--A map and legal description filed under \nsubsection (a) shall have the same force and effect as if included in \nthis subtitle, except that the Secretary may correct clerical and \ntypographical errors in the map and legal description.\n (c) Public Availability.--Each map and legal description filed \nunder subsection (a) shall be filed and made available for public \ninspection in the Office of the Chief of the Forest Service.\n\nSEC. 223. ADMINISTRATION OF NATIONAL RECREATION AREA.\n\n (a) In General.--Subject to valid rights existing on the date of \nenactment of this Act, the Secretary shall administer the Moosalamoo \nNational Recreation Area in accordance with--\n (1) laws (including rules and regulations) applicable to units \n of the National Forest System; and\n (2) the management direction (including objectives, standards, \n and guidelines) established for the Moosalamoo Recreation and \n Education Management Area under the Management Plan.\n (b) Fish and Wildlife.--Nothing in this subtitle affects the \njurisdiction of the State with respect to wildlife and fish on the \npublic land located in the State.\n (c) Escarpment and Ecological Areas.--Nothing in this subtitle \nprevents the Secretary from managing the Green Mountain Escarpment \nManagement Area and the Ecological Special Areas, as described in the \nManagement Plan.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"New England Wilderness Act of 2006 - Title I: New Hampshire - Designates specified federal lands managed by the United States Forest Service in the White Mountain National Forest area of New Hampshire as wilderness areas and as components of the National Wilderness Preservation System . Title II: Vermont - Subtitle A: Designation of Wilderness Areas - Designates specified federal lands managed by the Forest Service in Vermont as wilderness areas and National Wilderness Preservation System components . Requires the Forest Service to allow the continuance of the Appalachian National Scenic Trail, the Long Trail, the Catamount Trail, and the marking and maintenance of associated trails and trail structures consistent with the management direction established under the Green Mountain National Forest Land and Resource Management Plan. Subtitle B: Moosalamoo National Recreation Area - Designates specified federal lands managed by the Forest Service in Vermont as the Moosalamoo National Recreation Area. Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to administer the Area in accordance with laws applicable to National Forest System units and the management direction established for the Moosalamoo Recreation and Education Management Area under such Management Plan.","title":"A bill to designate certain land in New England as wilderness for inclusion in the National Preservation system and certain land as a National Recreation Area, and for other purposes.","text_len":11226,"sum_len":1316} {"bill_id":"107_hr3462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Access to Emergency \nDefibrillation Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Over 220,000 Americans die each year from cardiac \n arrest. Every 2 minutes, an individual goes into cardiac arrest \n in the United States.\n (2) The chance of successfully returning to a normal heart \n rhythm diminishes by 10 percent each minute following sudden \n cardiac arrest.\n (3) Eighty percent of cardiac arrests are caused by \n ventricular fibrillation, for which defibrillation is the only \n effective treatment.\n (4) Sixty percent of all cardiac arrests occur outside the \n hospital. The average national survival rate for out-of-\n hospital cardiac arrest is only 5 percent.\n (5) Communities that have established and implemented \n public access defibrillation programs have achieved average \n survival rates for out-of-hospital cardiac arrest as high as 50 \n percent.\n (6) According to the American Heart Association, wide use \n of defibrillators could save as many as 50,000 lives nationally \n each year.\n (7) Successful public access defibrillation programs ensure \n that cardiac arrest victims have access to early 911 \n notification, early cardiopulmonary resuscitation, early \n defibrillation, and early advanced care.\n\nSEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.), as amended by Public Law 106-310, is amended by adding after \nsection 311 the following:\n\n``SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.\n\n ``(a) In General.--The Secretary shall award grants to States, \npolitical subdivisions of States, Indian tribes, and tribal \norganizations to develop and implement public access defibrillation \nprograms--\n ``(1) by training and equipping local emergency medical \n services personnel, including firefighters, police officers, \n paramedics, emergency medical technicians, and other first \n responders, to administer immediate care, including \n cardiopulmonary resuscitation and automated external \n defibrillation, to cardiac arrest victims;\n ``(2) by purchasing automated external defibrillators, \n placing the defibrillators in public places where cardiac \n arrests are likely to occur, and training personnel in such \n places to administer cardiopulmonary resuscitation and \n automated external defibrillation to cardiac arrest victims;\n ``(3) by setting procedures for proper maintenance and \n testing of such devices, according to the guidelines of the \n manufacturers of the devices;\n ``(4) by providing training to members of the public in \n cardiopulmonary resuscitation and automated external \n defibrillation;\n ``(5) by integrating the emergency medical services system \n with the public access defibrillation programs so that \n emergency medical services personnel, including dispatchers, \n are informed about the location of automated external \n defibrillators in their community; and\n ``(6) by encouraging private companies, including small \n businesses, to purchase automated external defibrillators and \n provide training for their employees to administer \n cardiopulmonary resuscitation and external automated \n defibrillation to cardiac arrest victims in their community.\n ``(b) Preference.--In awarding grants under subsection (a), the \nSecretary shall give a preference to a State, political subdivision of \na State, Indian tribe, or tribal organization that--\n ``(1) has a particularly low local survival rate for \n cardiac arrests, or a particularly low local response rate for \n cardiac arrest victims; or\n ``(2) demonstrates in its application the greatest \n commitment to establishing and maintaining a public access \n defibrillation program.\n ``(c) Use of Funds.--A State, political subdivision of a State, \nIndian tribe, or tribal organization that receives a grant under \nsubsection (a) may use funds received through such grant to--\n ``(1) purchase automated external defibrillators that have \n been approved, or cleared for marketing, by the Food and Drug \n Administration;\n ``(2) provide automated external defibrillation and basic \n life support training in automated external defibrillator usage \n through nationally recognized courses;\n ``(3) provide information to community members about the \n public access defibrillation program to be funded with the \n grant;\n ``(4) provide information to the local emergency medical \n services system regarding the placement of automated external \n defibrillators in public places;\n ``(5) produce such materials as may be necessary to \n encourage private companies, including small businesses, to \npurchase automated external defibrillators; and\n ``(6) carry out other activities that the Secretary \n determines are necessary or useful to pursue the purposes of \n this section.\n ``(d) Application.--\n ``(1) In general.--To be eligible to receive a grant under \n subsection (a), a State, political subdivision of a State, \n Indian tribe, or tribal organization shall prepare and submit \n an application to the Secretary at such time, in such manner, \n and containing such information as the Secretary may reasonably \n require.\n ``(2) Contents.--An application submitted under paragraph \n (1) shall--\n ``(A) describe the comprehensive public access \n defibrillation program to be funded with the grant and \n demonstrate how such program would make automated \n external defibrillation accessible and available to \n cardiac arrest victims in the community;\n ``(B) contain procedures for implementing \n appropriate nationally recognized training courses in \n performing cardiopulmonary resuscitation and the use of \n automated external defibrillators;\n ``(C) contain procedures for ensuring direct \n involvement of a licensed medical professional and \n coordination with the local emergency medical services \n system in the oversight of training and notification of \n incidents of the use of the automated external \n defibrillators;\n ``(D) contain procedures for proper maintenance and \n testing of the automated external defibrillators, \n according to the labeling of the manufacturer;\n ``(E) contain procedures for ensuring notification \n of local emergency medical services system personnel, \n including dispatchers, of the location and type of \n devices used in the public access defibrillation \n program; and\n ``(F) provide for the collection of data regarding \n the effectiveness of the public access defibrillation \n program to be funded with the grant in affecting the \n out-of-hospital cardiac arrest survival rate.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2002 through 2007. Not more than 10 percent of amounts received \nunder a grant awarded under this section may be used for administrative \nexpenses.\n\n``SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS.\n\n ``(a) In General.--The Secretary shall award grants to political \nsubdivisions of States, Indian tribes, and tribal organizations to \ndevelop and implement innovative, comprehensive, community-based public \naccess defibrillation demonstration projects that--\n ``(1) provide cardiopulmonary resuscitation and automated \n external defibrillation to cardiac arrest victims in unique \n settings;\n ``(2) provide training to community members in \n cardiopulmonary resuscitation and automated external \n defibrillation; and\n ``(3) maximize community access to automated external \n defibrillators.\n ``(b) Use of Funds.--A recipient of a grant under subsection (a) \nshall use the funds provided through the grant to--\n ``(1) purchase automated external defibrillators that have \n been approved, or cleared for marketing, by the Food and Drug \n Administration;\n ``(2) provide basic life training in automated external \n defibrillator usage through nationally recognized courses;\n ``(3) provide information to community members about the \n public access defibrillation demonstration project to be funded \n with the grant;\n ``(4) provide information to the local emergency medical \n services system regarding the placement of automated external \n defibrillators in the unique settings; and\n ``(5) carry out other activities that the Secretary \n determines are necessary or useful to pursue the purposes of \n this section.\n ``(c) Application.--\n ``(1) In general.--To be eligible to receive a grant under \n subsection (a), a political subdivision of a State, Indian \n tribe, or tribal organization shall prepare and submit an \n application to the Secretary at such time, in such manner, and \n containing such information as the Secretary may reasonably \n require.\n ``(2) Contents.--An application submitted under paragraph \n (1) may--\n ``(A) describe the innovative, comprehensive, \n community-based public access defibrillation \n demonstration project to be funded with the grant;\n ``(B) explain how such public access defibrillation \n demonstration project represents innovation in \n providing public access to automated external \n defibrillation; and\n ``(C) provide for the collection of data regarding \n the effectiveness of the demonstration project to be \n funded with the grant in--\n ``(i) providing emergency cardiopulmonary \n resuscitation and automated external \n defibrillation to cardiac arrest victims in the \n setting served by the demonstration project; \n and\n ``(ii) affecting the cardiac arrest \n survival rate in the setting served by the \n demonstration project.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2002 through 2007. Not more than 10 percent of amounts received \nunder a grant awarded under this section may be used for administrative \nexpenses.''.\n\n``SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION.\n\n ``(a) Program Authorized.--The Secretary of Health and Human \nServices shall award a grant to a health care organization to establish \na national information clearinghouse that provides information to \nincrease public access to defibrillation in schools.\n ``(b) Duties.--The health care organization that receives a grant \nunder this section shall promote public access to defibrillation in \nschools by--\n ``(1) providing timely information to entities regarding \n public access defibrillation program implementation and \n development;\n ``(2) developing and providing comprehensive program \n materials to establish a public access defibrillation program \n in schools;\n ``(3) providing support to CPR and AED training programs;\n ``(4) fostering new and existing community partnerships \n with and among public and private organizations (such as local \n educational agencies, nonprofit organizations, public health \n organizations, emergency medical service providers, fire and \n police departments, and parent-teacher associations) to promote \n public access to defibrillation in schools;\n ``(5) establishing a data base to gather information in a \n central location regarding sudden cardiac arrest in the \n pediatric population and identifying or conducting further \n research into the problem; and\n ``(6) providing assistance to communities that wish to \n develop screening programs for at risk youth.\n ``(c) Application.--A health care organization desiring a grant \nunder this section shall submit an application to the Secretary at such \ntime, in such manner, and accompanied by such information as the \nSecretary may reasonably require.\n ``(d) Report.--Not later than 5 years after the date on which the \nhealth care organization receives a grant under this section, such \norganization shall submit to the Secretary of Health and Human Services \na report that describes activities carried out with funds received \nunder this section. Not later than 3 months after the date on which \nsuch report is received by the Secretary of Health and Human Services, \nthe Secretary shall prepare and submit to the appropriate committees of \nCongress an evaluation that reviews such report and evaluates the \nsuccess of such clearinghouse.\n ``(e) Authorization of Appropriations.--From funds authorized to be \nappropriated for fiscal years 2002 through 2006 for activities and \nprograms under the Department of Health and Human Services, $800,000 of \nsuch funds may be appropriated to carry out the programs described in \nthis section for each of the fiscal years 2002 through 2006.''.","summary":"Community Access to Emergency Defibrillation Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs by: (1) training and equipping local emergency medical services personnel to administer immediate care, including cardiopulmonary resuscitation (CPR) and automated external defibrillation (AED), to cardiac arrest victims. (2) purchasing AEDs, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer CPR and AED to such victims. (3) setting procedures for proper maintenance and testing of such devices. (4) providing training to members of the public in CPR and AED. (5) integrating the emergency medical services system with the public access defibrillation programs. And (6) encouraging private companies to purchase AEDs and provide training for their employees to administer CPR and AED to cardiac arrest victims in their community. Directs the Secretary to award grants to States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that: (1) provide CPR and AED to cardiac arrest victims in unique settings, (2) provide training to community members in CPR and AED. And (3) maximize community access to AEDs. Directs the Secretary to award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools.","title":"To amend the Public Health Service Act to provide grants for public access defibrillation programs and public access defibrillation demonstration projects, and for other purposes.","text_len":14346,"sum_len":1719} {"bill_id":"115_hr3926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Coordination And Resource \nEmpowerment Act'' or the ``Community CARE Act''.\n\nSEC. 2. EXTENSION FOR COMMUNITY HEALTH CENTERS.\n\n (a) Community Health Centers Funding.--Section 10503(b)(1)(E) of \nthe Patient Protection and Affordable Care Act (42 U.S.C. 254b-\n2(b)(1)(E)) is amended by striking ``2017'' and inserting ``2019''.\n (b) Other Community Health Centers Provisions.--Section 330 of the \nPublic Health Service Act (42 U.S.C. 254b) is amended--\n (1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and \n inserting ``use disorder'';\n (2) in subsection (b)(2)(A), by striking ``abuse'' and \n inserting ``use disorder'';\n (3) in subsection (c)--\n (A) by striking subparagraphs (B) through (D);\n (B) by striking ``(1) In general'' and all that \n follows through ``The Secretary'' and inserting the \n following:\n ``(1) Centers.--The Secretary''; and\n (C) in such paragraph (1), as amended, by \n redesignating clauses (i) through (v) as subparagraphs \n (A) through (E) and moving the margin of each of such \n redesignated subparagraph 2 ems to the left;\n (4) by striking subsection (d) and inserting the following:\n ``(d) Improving Quality of Care.--\n ``(1) Supplemental awards.--The Secretary may award \n supplemental grant funds to health centers funded under this \n section to implement evidence-based models for increasing \n access to high-quality primary care services, which may include \n models related to--\n ``(A) improving the delivery of care for \n individuals with multiple chronic conditions;\n ``(B) workforce configuration;\n ``(C) reducing the cost of care;\n ``(D) enhancing care coordination;\n ``(E) expanding the use of telehealth and \n technology enabled collaborative learning and capacity \n building models;\n ``(F) care integration, including integration of \n behavioral health, mental health, or substance use \n disorder services; and\n ``(G) addressing emerging public health or \n substance use disorder issues to meet the health needs \n of the population served by the health center.\n ``(2) Sustainability.--In making supplemental awards under \n this subsection, the Secretary may consider whether the health \n center involved has submitted a plan for continuing the \n activities funded under this subsection after supplemental \n funding is expended.\n ``(3) Special consideration.--The Secretary may give \n special consideration to applications for supplemental funding \n under this subsection that seek to address significant barriers \n to access to care in areas with a greater shortage of health \n care providers and health services relative to the national \n average.'';\n (5) in subsection (e)(1)--\n (A) in subparagraph (B)--\n (i) by striking ``2 years'' and inserting \n ``1 year''; and\n (ii) by adding at the end the following: \n ``The Secretary shall not make a grant under \n this paragraph unless the applicant provides \n assurances to the Secretary that within 120 \n days of receiving grant funding for the \n operation of the health center, the applicant \n will submit, for approval by the Secretary, an \n implementation plan to meet the requirements of \n subsection (l)(3). The Secretary may extend \n such 120-day period for achieving compliance \n upon a demonstration of good cause by the \n health center.''; and\n (B) in subparagraph (C)--\n (i) in the subparagraph heading, by \n striking ``and plans'';\n (ii) by striking ``or plan (as described in \n subparagraphs (B) and (C) of subsection \n (c)(1))'';\n (iii) by striking ``or plan, including the \n purchase'' and inserting the following: \n ``including--\n ``(i) the purchase'';\n (iv) by inserting ``, which may include \n data and information systems'' after ``of \n equipment'';\n (v) by striking the period at the end and \n inserting a semicolon; and\n (vi) by adding at the end the following:\n ``(ii) the provision of training and \n technical assistance; and\n ``(iii) other activities that--\n ``(I) reduce costs associated with \n the provision of health services;\n ``(II) improve access to, and \n availability of, health services \n provided to individuals served by the \n centers;\n ``(III) enhance the quality and \n coordination of health services; or\n ``(IV) improve the health status of \n communities.'';\n (6) in subsection (e)(5)(B), by striking ``and \n subparagraphs (B) and (C) of subsection (c)(1) to a health \n center or to a network or plan'' and inserting ``to a health \n center'';\n (7) by striking subsection (s);\n (8) by redesignating subsections (g) through (r) as \n subsections (h) through (s), respectively;\n (9) by inserting after subsection (f), the following:\n ``(g) New Access Points and Expanded Services.--\n ``(1) Approval of new access points.--\n ``(A) In general.--The Secretary may approve \n applications for grants under subparagraph (A) or (B) \n of subsection (e)(1), subsection (h), subsection (i), \n and subsection (j) to establish new delivery sites.\n ``(B) Special consideration.--In carrying out \n subparagraph (A), the Secretary may give special \n consideration to applicants that have demonstrated the \n new delivery site will be located within a sparsely \n populated area, or an area which has a level of unmet \n need that is higher relative to other applicants.\n ``(C) Consideration of applications.--In carrying \n subparagraph (A), the Secretary shall approve \n applications for grants under subparagraphs (A) and (B) \n of subsection (e)(1) in such a manner that the ratio of \n the medically underserved populations in rural areas \n which may be expected to use the services provided by \n the applicants involved to the medically underserved \n populations in urban areas which may be expected to use \n the services provided by the applicants is not less \n than two to three or greater than three to two.\n ``(D) Service area overlap.--If in carrying out \n subparagraph (A) the applicant proposes to serve an \n area that is currently served by another health center \n funded under this section, the Secretary may consider \n whether the award of funding to an additional health \n center in the area can be justified based on the unmet \n need for additional services within the catchment area.\n ``(2) Approval of expanded service applications.--\n ``(A) In general.--The Secretary may approve \n applications for grants under subparagraph (A) or (B) \n of subsection (e)(1) to expand the capacity of the \n applicant to provide required primary health services \n described in subsection (b)(1) or additional health \n services described in subsection (b)(2).\n ``(B) Priority expansion projects.--In carrying out \n subparagraph (A), the Secretary may give special \n consideration to expanded service applications that \n seek to address emerging public health or behavioral \n health, mental health, or substance abuse issues \n through increasing the availability of additional \n health services described in subsection (b)(2) in an \n area in which there are significant barriers to \n accessing care.\n ``(C) Consideration of applications.--In carrying \n out subparagraph (A), the Secretary shall approve \n applications for applicants in such a manner that the \n ratio of the medically underserved populations in rural \n areas which may be expected to use the services \n provided by the applicants involved to the medically \n underserved populations in urban areas which may be \n expected to use the services provided by such \n applicants is not less than two to three or greater \n than three to two.'';\n (10) in subsection (i) (as so redesignated)--\n (A) in paragraph (1), by striking ``and children \n and youth at risk of homelessness'' and inserting ``, \n children and youth at risk of homelessness, homeless \n veterans, and veterans at risk of homelessness''; and\n (B) in paragraph (5)--\n (i) by striking subparagraph (B);\n (ii) by redesignating subparagraph (C) as \n subparagraph (B); and\n (iii) in subparagraph (B) (as so \n redesignated)--\n (I) in the subparagraph heading, by \n striking ``abuse'' and inserting ``use \n disorder''; and\n (II) by striking ``abuse'' and \n inserting ``use disorder'';\n (11) in subsection (l) (as so redesignated)--\n (A) in paragraph (2)--\n (i) in the paragraph heading, by inserting \n ``unmet'' before ``need'';\n (ii) in the matter preceding subparagraph \n (A), by inserting ``and an application for a \n grant under subsection (g)'' after ``subsection \n (e)(1)'';\n (iii) in subparagraph (A), by inserting \n ``unmet'' before ``need for health services'';\n (iv) in subparagraph (B), by striking \n ``and'' at the end;\n (v) in subparagraph (C), by striking the \n period at the end and inserting ``; and''; and\n (vi) by adding after subparagraph (C) the \n following:\n ``(D) in the case of an application for a grant \n pursuant to subsection (g)(1), a demonstration that the \n applicant has consulted with appropriate State and \n local government agencies, and health care providers \n regarding the need for the heath services to be \n provided at the proposed delivery site.'';\n (B) in paragraph (3)--\n (i) in the matter preceding subparagraph \n (A), by inserting ``or subsection (g)'' after \n ``subsection (e)(1)(B)'';\n (ii) in subparagraph (B), by striking ``in \n the catchment area of the center'' and \n inserting ``, including other health care \n providers that provide care within the \n catchment area, local hospitals, and specialty \n providers in the catchment area of the center, \n to provide access to services not available \n through the health center and to reduce the \n non-urgent use of hospital emergency \n departments'';\n (iii) in subparagraph (H)(ii), by inserting \n ``who shall be directly employed by the \n center'' after ``approves the selection of a \n director for the center'';\n (iv) in subparagraph (L), by striking \n ``and'' at the end;\n (v) in subparagraph (M), by striking the \n period and inserting ``; and''; and\n (vi) by inserting after subparagraph (M), \n the following:\n ``(N) the center has written policies and \n procedures in place to ensure the appropriate use of \n Federal funds in compliance with applicable Federal \n statutes, regulations, and the terms and conditions of \n the Federal award.''; and\n (C) by striking paragraph (4);\n (12) in subsection (m) (as so redesignated), by adding at \n the end the following: ``Funds expended to carry out activities \n under this subsection and operational support activities under \n subsection (n) shall not exceed three percent of the amount \n appropriated for this section for the fiscal year involved.'';\n (13) in subsection (q) (as so redesignated), by striking \n ``grants for new health centers under subsections (c) and (e)'' \n and inserting ``operating grants under subsection (e), \n applications for new access points and expanded service \n pursuant to subsection (g)'';\n (14) in subsection (r)(4) (as so redesignated), by adding \n at the end the following: ``A waiver provided by the Secretary \n under this paragraph may not remain in effect for more than 1 \n year and may not be extended after such period. An entity may \n not receive more than one waiver under this paragraph in \n consecutive years.''; and\n (15) in subsection (s)(3) (as so redesignated)--\n (A) by striking ``appropriate committees of \n Congress a report concerning the distribution of funds \n under this section'' and inserting the following: \n ``Committee on Health, Education, Labor, and Pensions \n of the Senate, and the Committee on Energy and Commerce \n of the House of Representatives, a report including, at \n a minimum--\n ``(A) the distribution of funds for carrying out \n this section'';\n (B) by striking ``populations. Such report shall \n include an assessment'' and inserting the following: \n ``populations;\n ``(B) an assessment'';\n (C) by striking ``and the rationale for any \n substantial changes in the distribution of funds.'' and \n inserting a semicolon; and\n (D) by adding at the end the following:\n ``(C) the distribution of awards and funding for \n new or expanded services in each of rural areas and \n urban areas;\n ``(D) the distribution of awards and funding for \n establishing new access points, and the number of new \n access points created;\n ``(E) the amount of unexpended funding for loan \n guarantees and loan guarantee authority under title \n XVI;\n ``(F) the rationale for any substantial changes in \n the distribution of funds;\n ``(G) the rate of closures for health centers and \n access points;\n ``(H) the number and reason for any grants awarded \n pursuant to subsection (e)(1)(B); and\n ``(I) the number and reason for any waivers \n provided pursuant to subsection (r)(4).''.\n (c) Application.--Amounts appropriated pursuant to this section for \nfiscal year 2018 or 2019 are subject to the requirements contained in \nPublic Law 115-31 for funds for programs authorized under sections 330 \nthrough 340 of the Public Health Service Act (42 U.S.C. 254b-256).\n (d) Conforming Amendments.--Section 3014(h) of title 18, United \nStates Code, is amended--\n (1) in paragraph (1), by striking ``, as amended by section \n 221 of the Medicare Access and CHIP Reauthorization Act of \n 2015,''; and\n (2) in paragraph (4), by inserting ``and section 101(d) of \n the CARE Act'' after ``section 221(c) of the Medicare Access \n and CHIP Reauthorization Act of 2015''.","summary":"Community Coordination And Resource Empowerment Act or the Community CARE Act This bill amends the Patient Protection and Affordable Care Act to extend funding through FY2019 for community health centers. Health centers that serve medically underserved populations may receive supplemental grant funds to increase access to primary care services.","title":"Community Coordination And Resource Empowerment Act","text_len":18149,"sum_len":346} {"bill_id":"110_hr5228","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employee Changing Room Privacy \nAct''.\n\nSEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN \n CERTAIN EMPLOYMENT LOCATIONS.\n\n (a) In General.--An employer may not engage in video monitoring or \naudio monitoring of an employee of the employer when the employee is in \na restroom facility, dressing room, or any other area in which it is \nreasonable to expect employees of the employer to change clothing.\n (b) Use of Monitoring Results.--An employer may not use the results \nof video or audio monitoring conducted in violation of this Act for any \npurpose, including any employee discipline. An employer shall \nimmediately destroy all copies of any recording determined to have been \nmade in violation of this Act.\n (c) Non-Retaliation.--An employer may not discharge, discipline, or \ndiscriminate in any manner against an employee because the employee \nhas--\n (1) filed any complaint or instituted or caused to be \n instituted any proceeding under this Act; or\n (2) testified or is about to testify in any proceeding \n under this Act.\n (d) Limitation.--Nothing in this Act shall prohibit any video \nmonitoring or audio monitoring conducted by a law enforcement agency as \npart of a criminal investigation and pursuant to a validly issued \nwarrant.\n\nSEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.\n\n (a) In General.--Any employer who violates section 2 shall be \nliable to the United States for a civil money penalty in an amount not \nto exceed $18,000 for each violation.\n (b) Written Notice and Opportunity for Hearing.--The Secretary of \nLabor shall assess a civil money penalty under subsection (a) by an \norder made on the record after opportunity for a hearing provided in \naccordance with section 554 of title 5, United States Code. In \nconnection with the hearing, the Secretary may issue subpoenas \nrequiring the attendance and testimony of witnesses and the production \nof evidence that relates to the subject matter of the hearing.\n (c) Determination of Amount of Civil Money Penalty.--In determining \nthe amount of a civil money penalty under subsection (a), the Secretary \nshall take into account--\n (1) the nature, circumstances, extent, and gravity of the \n violation or violations; and\n (2) with respect to the violator, the ability to pay, \n effect on ability to continue to do business, any history of \n prior violations, the degree of culpability, and such other \n matters as justice may require.\n (d) Modification of Civil Money Penalty.--The Secretary may \ncompromise, modify, or remit, with or without conditions, any civil \nmoney penalty assessed under subsection (a). The amount of such \npenalty, when finally determined, or the amount agreed upon in \ncompromise, may be deducted from any sums owing by the United States to \nthe employer.\n (e) Judicial Review.--An employer who requested, in accordance with \nsection 554 of title 5, United States Code, a hearing respecting the \nassessment of a civil money penalty under this subsection, and who is \naggrieved by the order assessing the penalty may file a petition for \njudicial review of the order with the United States Court of Appeals \nfor the District of Columbia Circuit or for any other circuit in which \nthe employer resides or transacts business. Such a petition may only be \nfiled within the 120-day period beginning on the date the order was \nissued.\n (f) Failure To Pay.--The Secretary of Labor may recover, in an \naction brought in any appropriate district court of the United States, \nthe amount of a civil money penalty assessed under this subsection \nagainst an employer who fails to pay the penalty--\n (1) after the order making the assessment becomes final, \n and if such employer does not file a petition for judicial \n review of the order in accordance with subsection (e); or\n (2) after a court in an action brought under subsection (e) \n has entered a final judgment in favor of the Secretary.\n (g) No Review of Penalty.--In an action brought under subsection \n(f), the validity, amount, and appropriateness of the civil money \npenalty shall not be subject to review.\n (h) Injunctive Relief.--The Secretary may commence, in any court of \ncompetent jurisdiction, a civil action for the purpose of obtaining \ntemporary or permanent injunctive relief with respect to preventing a \nviolation of section 2.\n\nSEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.\n\n (a) In General.--An employee who is aggrieved as a result of a \nviolation of section 2 by the employer of such employee may commence, \nin any court of competent jurisdiction, a civil action against the \nemployer to obtain appropriate relief, including--\n (1) an injunction to enjoin the employer from further \n engaging in the violation or from committing any further \n violation, as appropriate;\n (2) damages not to exceed $25,000; or\n (3) both such remedies.\nIn any action or proceeding under this section, the court, in its \ndiscretion, may allow the prevailing party a reasonable attorney's fee \n(including expert fees) as part of the costs.\n (b) Commencement of Proceedings.--An employee referred to in \nsubsection (a) may not commence proceedings under such subsection \nagainst an employer of the employee after the expiration of the 7-year \nperiod beginning on the later of the following:\n (1) The date on which the employer allegedly engaged in a \n violation of section 2.\n (2) The date on which the employee should have been aware \n of an alleged violation of section 2 by the employer.\n\nSEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.\n\n (a) State Laws.--This Act does not annul, alter, or affect in any \nmanner the meaning, scope, or applicability of the laws of any State or \npolitical subdivision of any State, except to the extent such laws are \ninconsistent with this Act, and then only to the extent of the \ninconsistency. A law is not inconsistent with this Act if the law \naffords greater protection to an employee than the protection provided \nunder this Act.\n (b) Collective Bargaining Agreements.--This Act does not annul, \nalter, or affect in any manner the meaning, scope, or applicability of \nany collective bargaining agreements, except to the extent that such \nagreements are inconsistent with this Act, and then only to the extent \nof the inconsistency. An agreement is not inconsistent with this Act if \nthe agreement affords greater protection to an employee than the \nprotection provided under this Act.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Audio monitoring.--The term ``audio monitoring'' means \n the listening to, collecting, or recording of sounds of an \n employee by means of audio equipment or other method.\n (2) Employee.--The term ``employee'' means any person who \n is employed by an employer or who was employed by an employer \n at the time of a violation that was allegedly committed by that \n employer. Such term includes leased or temporary employees and \n an employee who is under contract to perform work for an \n employer.\n (3) Employer.--The term ``employer'' means any person or \n entity engaged in commerce or in an industry or activity \n affecting interstate commerce.\n (4) Video monitoring.--The term ``video monitoring'' means \n the videotaping, photographing, filming, or recording by any \n electronic means of an employee, or installing a device that \n videotapes, photographs, films, or otherwise records visual \n images.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (6) State.--The term ``State'' means a State of the United \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, or a territory or possession of the United States.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act takes effect 60 days after the date of the enactment of \nthis Act.","summary":"Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation. Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant. Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees. Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act.","title":"To protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing.","text_len":8245,"sum_len":742} {"bill_id":"113_s2068","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Handgun Trigger Safety Act of \n2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) It is in the interest of the United States to protect \n its citizens from handgun violence and accidental firearm \n deaths.\n (2) Personalizing handguns would prevent unauthorized \n users, whether children, criminals, or others, from misusing \n the weapons.\n (3) Personalizing handguns would allow authorized users to \n continue to lawfully own and use their handguns more safely.\n (4) In 2011, according to the Centers for Disease Control, \n there were 851 accidental firearm deaths.\n (5) In 2010, according to the Centers for Disease Control, \n 62 people under the age of 15 were killed accidentally with \n firearms.\n (6) According to the National Crime Victimization Survey, \n almost 350,000 incidents of firearm theft from private citizens \n occur each year.\n (7) According to the Federal Bureau of Investigation, 45 \n law enforcement officers were killed with their own firearm \n between 2002 and 2011.\n (8) According to the Federal Bureau of Investigation, \n almost half of all murders in the United States in 2011 were \n committed with handguns.\n\n TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS\n\nSEC. 101. DEFINITIONS.\n\n In this title:\n (1) Handgun.--The term ``handgun'' has the meaning given \n the term in section 921(a)(29) of title 18, United States Code.\n (2) Personalized handgun.--The term ``personalized \n handgun'' means a handgun that--\n (A) enables only an authorized user of the handgun \n to fire the handgun; and\n (B) was manufactured in such a manner that the \n firing restriction described in subparagraph (A)--\n (i) is incorporated into the design of the \n handgun;\n (ii) is not sold as an accessory; and\n (iii) cannot be readily removed or \n deactivated.\n (3) Qualified entity.--The term ``qualified entity'' \n means--\n (A) a State or unit of local government;\n (B) a nonprofit or for-profit organization; or\n (C) an institution of higher education (as defined \n in section 101 of the Higher Education Act of 1965 (20 \n U.S.C. 1001)).\n (4) Retrofitted personalized handgun.--The term \n ``retrofitted personalized handgun'' means a handgun fitted \n with a device that--\n (A) enables only an authorized user of the handgun \n to fire the handgun; and\n (B) cannot be readily removed or deactivated.\n\nSEC. 102. AUTHORIZATION.\n\n The Attorney General, acting through the Director of the National \nInstitute of Justice (referred to in this title as the ``Director''), \nshall make grants to qualified entities to develop technology for \npersonalized handguns.\n\nSEC. 103. APPLICATIONS.\n\n A qualified entity seeking a grant under this title shall submit to \nthe Director an application at such time, in such manner, and \ncontaining such information as the Director may reasonably require.\n\nSEC. 104. USES OF FUNDS.\n\n A qualified entity that receives a grant under this title--\n (1) shall use not less than 70 percent of the amount of the \n grant to develop technology for personalized handguns;\n (2) may use not more than 20 percent of the amount of the \n grant to develop technology for retrofitted personalized \n handguns; and\n (3) may use not more than 10 percent of the amount of the \n grant for administrative costs associated with the development \n of technology funded under this title.\n\nSEC. 105. TERM; RENEWAL.\n\n (a) Term.--A grant awarded under this title shall be for a term of \n1 year.\n (b) Renewal.--A qualified entity receiving a grant under this title \nmay renew the grant by submitting to the Director an application for \nrenewal at such time, in such manner, and containing such information \nas the Director may reasonably require.\n\nSEC. 106. REPORTS.\n\n (a) Reports to Director.--A qualified entity receiving a grant \nunder this title shall submit to the Director such reports, at such \ntime, in such manner, and containing such information as the Director \nmay reasonably require.\n (b) Reports to Congress.--Each year, the Director shall submit to \nCongress a report that contains a summary of the information submitted \nto the Director under subsection (a) during the previous year.\n\nSEC. 107. REGULATIONS.\n\n The Director may promulgate such guidelines, rules, regulations, \nand procedures as may be necessary to carry out this title.\n\nSEC. 108. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this title \n$2,000,000 for each of fiscal years 2015 and 2016.\n\n TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD\n\nSEC. 201. DEFINITIONS.\n\n In this title:\n (1) Antique firearm; firearm; handgun.--The terms ``antique \n firearm'', ``firearm'', and ``handgun'' have the meaning given \n those terms in section 921 of title 18, United States Code.\n (2) Authorized user.--The term ``authorized user'', with \n respect to a firearm, means--\n (A) the lawful owner of the firearm; and\n (B) any individual who is--\n (i) authorized by the lawful owner of the \n firearm to use the firearm; and\n (ii) authorized, under the law of the State \n where the firearm is being used, to own, carry, \n or use a firearm in the State.\n (3) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission\n (4) Consumer product safety rule.--The term ``consumer \n product safety rule'' has the meaning given such term in \n section 3(a) of the Consumer Product Safety Act (15 U.S.C. \n 2052(a)).\n (5) Manufactured and manufacturer.--The terms \n ``manufactured'' and ``manufacturer'' have the meaning given \n such terms in section 3(a) of the Consumer Product Safety Act \n (15 U.S.C. 2052(a)).\n (6) Personalized handgun.--The term ``personalized \n handgun'' means a handgun that--\n (A) enables only an authorized user of a handgun to \n fire the handgun; and\n (B) is manufactured in such a manner that the \n firing restriction described in subparagraph (A)--\n (i) is incorporated into the design of the \n handgun; and\n (ii) cannot be readily removed or \n deactivated.\n (7) Retrofitted personalized handgun.--The term \n ``retrofitted personalized handgun'' means a handgun fitted \n with a device that--\n (A) enables only an authorized user of a handgun to \n fire the handgun; and\n (B) attaches to the handgun in a manner such that \n the device cannot be readily removed or deactivated.\n (8) State and united states.--The terms ``State'' and \n ``United States'' have the meaning given such terms in section \n 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).\n (9) To distribute in commerce and distribution in \n commerce.--The terms ``to distribute in commerce'' and \n ``distribution in commerce'' have the meaning given such terms \n in section 3(a) of the Consumer Product Safety Act (15 U.S.C. \n 2052(a)).\n\nSEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS \n THAT ARE NOT PERSONALIZED HANDGUNS.\n\n (a) Prohibition.--\n (1) Manufacturing.--Beginning on the date that is 2 years \n after the date of enactment of this Act, no person may \n manufacture in the United States a handgun that is not a \n personalized handgun.\n (2) Distribution in commerce.--Beginning on the date that \n is 3 years after the date of enactment of this Act, no person \n may distribute in commerce any handgun that is not a \n personalized handgun or a retrofitted personalized handgun.\n (3) Exemptions for antique firearms and military \n firearms.--Paragraphs (1) and (2) shall not apply to--\n (A) an antique firearm;\n (B) the manufacture of a firearm that is sold to \n the Department of Defense; or\n (C) the sale or distribution of a firearm to the \n Department of Defense.\n (b) Enforcement by Consumer Product Safety Commission.--\n (1) Treatment of violation.--Notwithstanding section \n 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. \n 2052(a)(5)(E)), a violation of subsection (a) or any rule \n promulgated by the Commission pursuant to paragraph (4) shall \n be treated as a violation of section 19(a)(1) of the Consumer \n Product Safety Act (15 U.S.C. 2068(a)(1)).\n (2) Treatment as consumer product safety standards.--\n Notwithstanding section 3(a)(5)(E) of the Consumer Product \n Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any \n rule promulgated pursuant to paragraph (4) shall be considered \n consumer product safety rules.\n (3) Powers of commission.--\n (A) In general.--The Commission shall enforce this \n section in the same manner, by the same means, and with \n the same jurisdiction, powers, and duties as though all \n applicable terms and provisions of the Consumer Product \n Safety Act (15 U.S.C. 2051 et seq.) were incorporated \n into and made a part of this section.\n (B) Privileges and immunities.--Any person who \n violates this section shall be subject to the penalties \n and entitled to the privileges and immunities provided \n in the Consumer Product Safety Act (15 U.S.C. 2051 et \n seq.).\n (4) Regulations.--The Commission, in consultation with the \n Attorney General and the Director of the National Institute of \n Justice, may promulgate such rules as the Commission considers \n appropriate to carry out this section.\n (c) Enforcement by States.--If an attorney general, other official, \nor agency of a State has reason to believe that an interest of the \nresidents of the State has been or is threatened or adversely affected \nby a person who violates subsection (a), the attorney general, \nofficial, or agency may bring a civil action on behalf of the residents \nof the State against the person in an appropriate district court of the \nUnited States to enjoin any further such violation and for other relief \nas may be appropriate.\n (d) Cost of Retrofitting.--\n (1) Cost borne by manufacturers.--Upon the request of the \n owner of a handgun that was manufactured in the United States \n and that is not a personalized handgun or retrofitted \n personalized handgun, the manufacturer of the handgun--\n (A) shall--\n (i) retrofit the handgun so that the \n handgun is a retrofitted personalized handgun; \n and\n (ii) return the handgun to the owner within \n a reasonable period of time; and\n (B) may not request compensation for the retrofit \n from the owner.\n (2) Rulemaking.--Not later than 1 year after the date of \n enactment of this Act, the Commission, in consultation with the \n Attorney General and the Director of the National Institute of \n Justice, shall by regulation establish the maximum period of \n time within which a manufacturer that receives a request from \n the owner of a handgun under paragraph (1) shall retrofit and \n return the handgun to the owner.\n (3) Reimbursement from department of justice assets \n forfeiture fund.--Section 524(c) of title 28, United States \n Code, is amended--\n (A) in subparagraph (H), by striking ``and'' at the \n end;\n (B) in subparagraph (I), by striking the period at \n the end and inserting ``; and''; and\n (C) by inserting after subparagraph (I) the \n following:\n ``(J) payments to reimburse manufacturers of handguns for \n the costs of retrofitting handguns to comply with the \n requirement under section 202(d)(1) of the Handgun Trigger \n Safety Act of 2014.''.\n (e) Relation to State Law.--Nothing in this section or the Consumer \nProduct Safety Act (15 U.S.C. 2051 et seq.) shall be construed to \npreempt or otherwise affect any State requirement with respect to any \nhandgun not specifically regulated in a consumer product safety \nstandard under the Consumer Product Safety Act.\n\nTITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT\n\nSEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS \n ACT.\n\n Section 4 of the Protection of Lawful Commerce in Arms Act (15 \nU.S.C. 7903) is amended--\n (1) in paragraph (4)--\n (A) by striking ``The term `qualified product' \n means'' and inserting the following: ``The term \n `qualified product'--\n ``(i) except as provided in clause (ii), \n means'';\n (B) by striking the period at the end and inserting \n ``; and''; and\n (C) by adding at the end the following:\n ``(ii) does not include a handgun that--\n ``(I) is manufactured on or after \n the date that is 2 years after the date \n of enactment of the Handgun Trigger \n Safety Act of 2014; and\n ``(II) is not a--\n ``(aa) personalized \n handgun; or\n ``(bb) retrofitted \n personalized handgun.''; and\n (2) by adding at the end the following:\n ``(10) Authorized user.--The term `authorized user', with \n respect to a handgun, means--\n ``(A) the lawful owner of the firearm; and\n ``(B) any individual who is--\n ``(i) authorized by the lawful owner of the \n firearm to use the firearm; and\n ``(ii) authorized, under the law of the \n State where the firearm is being used, to own, \n carry, or use a firearm in the State.\n ``(11) Handgun.--The term `handgun' has the meaning given \n the term in section 921(a)(29) of title 18, United States Code.\n ``(12) Personalized handgun.--The term `personalized \n handgun' means a handgun that--\n ``(A) enables only an authorized user of the \n handgun to fire the handgun; and\n ``(B) is manufactured in such a manner that the \n firing restriction described in subparagraph (A)--\n ``(i) is incorporated into the design of \n the handgun; and\n ``(ii) cannot be readily removed or \n deactivated.\n ``(13) Retrofitted personalized handgun.--The term \n `retrofitted personalized handgun' means a handgun fitted with \n a device that--\n ``(A) enables only an authorized user of the \n handgun to fire the handgun; and\n ``(B) attaches to the handgun in a manner such that \n the device cannot be readily removed or deactivated.''.","summary":"Handgun Trigger Safety Act of 2014 - Requires the Director of the National Institute of Justice to make one-year grants to qualified entities to develop technology for personalized handguns . Provides that a recipient shall use at least 70 of the grant amount to develop technology for personalized handguns and may use not more than 20 to develop technology for retrofitted personalized handguns and not more than 10 for administrative costs. Prohibits any person: (1) beginning two years after enactment of this Act, from manufacturing in the United States a handgun that is not a personalized handgun. Or (2) beginning three years after enactment of this Act, from distributing in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. Exempts antique firearms and firearms distributed or sold to the Department of Defense (DOD). Provides for the enforcement of such prohibitions by the Consumer Product Safety Commission (CPSC) and by the states. Requires a handgun manufacturer, upon request of the owner of a handgun manufactured in the United States that is not a personalized handgun or a retrofitted personalized handgun, to retrofit the handgun and return it to the owner within a reasonable period of time as established by the CPSC. Makes the Department of Justice Assets Forfeiture Fund available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of qualified product any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun.","title":"Handgun Trigger Safety Act of 2014","text_len":16779,"sum_len":1707} {"bill_id":"108_hr4851","text":"S.\n\n (a) Contents of Congressional Budget Resolutions.--Section 301(a) \nof the Congressional Budget Act of 1974 is amended by adding at the end \nthe following new sentence: ``The concurrent resolution on the budget \nfor fiscal year 2006 or for any ensuing fiscal year shall be consistent \nwith the spending limitation specified in section 1105(i) of title 31, \nUnited States Code.''.\n (b) Spending Limitation Point of Order.--Section 312 of the \nCongressional Budget Act of 1974 is amended by adding at the end the \nfollowing new subsection:\n ``(g) Spending Limitation Point of Order.--(1) It shall not be in \norder in the House of Representatives or the Senate to consider any \nconcurrent resolution on the budget for fiscal year 2006 or for any \nfiscal year thereafter, or any amendment thereto or conference report \nthereon, that is not consistent with the spending limitation specified \nin section 1105(i) of title 31, United States Code.\n ``(2) Paragraph (1) may be waived or suspended in the House of \nRepresentatives or the Senate only by the affirmative vote of two-\nthirds of the Members, duly chosen and sworn. An affirmative vote of \ntwo-thirds of the Members, duly chosen and sworn, shall be required in \nthe Senate to sustain an appeal of the ruling of the chair on such \npoint of order. Appeals in the Senate from the decisions of the chair \nrelating to paragraph (1) shall be limited to one hour, to be equally \ndivided between, and controlled by, the mover and the manager of the \nconcurrent resolution.''.\n\nSEC. 13. REDUCTION OF FICA RATES RESULTING FROM PERSONAL SOCIAL \n SECURITY SAVINGS PROGRAM.\n\n (a) Employee Contribution.--Section 3101 of the Internal Revenue \nCode of 1986 (relating to tax on employees) is amended by adding at the \nend the following new subsection:\n ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax \nRate.--\n ``(1) In general.--In any year which follows a reduction \n year and each year thereafter, the rate of tax imposed under \n subsection (a) shall be reduced by the reduction percentage.\n ``(2) Reduction year.--For purposes of this section--\n ``(A) In general.--The term `reduction year' means \n any year after the transition year in which the OASDI \n rate ratio exceeds 125 percent.\n ``(B) Transition year.--The term `transition year' \n means the first full calendar year following the \n termination year (as defined in section 4(b)(2) of the \n Social Security Personal Savings Guarantee and \n Prosperity Act of 2004).\n ``(3) Reduction percentage.--For purposes of this section, \n the term `reduction percentage' means the excess of--\n ``(A) the rate in effect under subsection (a) for \n the reduction year, over\n ``(B) the rate (rounded up to the nearest one tenth \n of a percent) under which the OASDI rate ratio for the \n reduction year would have been 125 percent if--\n ``(i) such rate had been applicable under \n subsection (a) and section 3111(a) during such \n year, and\n ``(ii) the rate under section 1401(a) \n during such year were twice such rate.\n ``(4) OASDI rate ratio.--The term `OASDI rate ratio' means, \n with respect to any calendar year, the ratio--\n ``(A) the numerator of which is the combined \n balance in the Old-Age and Survivors Insurance Trust \n Fund and the Federal Disability Insurance Trust Fund, \n as of the last day of such calendar year, and\n ``(B) the denominator of which is the amount paid \n from such Trust Funds during such calendar year for all \n purposes authorized by section 201 of the Social \n Security Act (excluding any transfer payments between \n such Trust Funds and reducing the amount of any \n transfer to the Railroad Retirement Account by the \n amount of any transfers into either such Trust Fund \n from such Account).\n ``(5) Limitation on reduction.--Paragraph (1) shall not \n apply to any reduction to the extent that such reduction would \n cause the rate of tax imposed under subsection (a) to be less \n than 4.95 percent.''.\n (b) Employer Contribution.--Section 3111 of the Internal Revenue \nCode of 1986 (relating to tax on employers) is amended by adding at the \nend the following new subsection:\n ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax \nRate.--\n ``(1) In general.--In any year which follows a reduction \n year and each year thereafter, the rate of tax imposed under \n subsection (a) shall be reduced by the reduction percentage.\n ``(2) Reduction year; reduction percentage.--For purposes \n of this section, the terms `reduction year' and `reduction \n percentage' have the meanings given such terms by section \n 3101(d).\n ``(3) Limitation on reduction.--Paragraph (1) shall not \n apply to any reduction to the extent that such reduction would \n cause the rate of tax imposed under subsection (a) to be less \n than 4.95 percent.''.\n (c) Self-Employment Contribution.--Section 1401 of the Internal \nRevenue Code of 1986 (relating to tax on self-employment income) is \namended by adding at the end the following new subsection:\n ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax \nRate.--\n ``(1) In general.--In any year which follows a reduction \n year and each year thereafter, the rate of tax imposed under \n subsection (a) shall be reduced by the reduction percentage.\n ``(2) Reduction year; reduction percentage.--For purposes \n of this section, the terms `reduction year' and `reduction \n percentage' have the meanings given such terms by section \n 3101(d).\n ``(3) Limitation on reduction.--Paragraph (1) shall not \n apply to any reduction to the extent that such reduction would \n cause the rate of tax imposed under subsection (a) to be less \n than 9.9 percent.''.","summary":"Social Security Personal Savings Guarantee and Prosperity Act of 2004 - Amends title II (OASDI) of the Social Security Act to provide for the establishment of a voluntary, personal Social Security investment program under a new part B where a participating individual is able to invest in tax free personal accounts in a way that is similar to the way Federal employees invest in the Thrift Savings Program. Establishes in the Treasury the Social Security Personal Savings Fund, with personal Social Security savings accounts for deposit of the redirected Social Security contributions of participating individuals as mechanisms for crediting to such individuals amounts held in the Tier I Investment Fund, the Tier II Investment Fund, and Tier III Investment Options, also hereby established. Prescribes rules for personal Social Security savings annuity and other distributions. Establishes in the executive branch of the Government a Personal Social Security Savings Account Board to administer the new part B program. Amends title II (OASDI) of the Social Security Act (SSA) to provide for adjustment of primary insurance amounts in relation to deposits made to personal Social Security accounts. Directs the Secretary of the Treasury to transfer to the Federal Old-Age and Survivors Insurance Trust Fund amounts equal to the recapture of corporate tax on account yields and of Government savings over baseline. Amends the Internal Revenue Code to exempt the Social Security Personal Savings Fund and each Tier III Investment Option from income taxation. Subjects a personal Social Security savings account to taxes imposed on unrelated business income of charitable, etc. organizations. Excludes from a distributee's gross income any qualified distribution from amounts credited to a personal Social Security savings account from the Social Security Personal Savings Fund or held in a Tier III Investment Option. Creates in the Treasury the Self-Liquidating Social Security Transition Fund for the deposit of OASDI trust fund surplus for the preceding year. Amends SSA to provide for accounting for the OASDI program and the individual Social Security investment program. Amends SSA title VII to prescribe the budgetary treatment of the Social Security trust funds, the Social Security Personal Savings Fund, and taxes on self-employment income and FICA taxes.","title":"To reform Social Security by establishing a Personal Social Security Savings Program.","text_len":6483,"sum_len":2365} {"bill_id":"106_hr2298","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equity for Temporary Workers Act of \n1999''.\n\nSEC. 2. TEMPORARY WORKER RIGHTS.\n\n (a) Discrimination.-- No employer shall discriminate with respect \nto wages, hours, and other terms and conditions of employment against \nany temporary employee.\n (b) Benefits.--After a temporary employee works for an employer for \n1,000 hours during a 12-month period, whether placed in the employ of \nsuch employer by the employer, by a temporary help agency or staffing \nfirm, or under a leasing arrangement by a third party, such temporary \nemployee shall be eligible to receive any benefit offered by the \nemployer to other permanent employees.\n\nSEC. 3. EQUAL PAY FOR TEMPORARY EMPLOYEES.\n\n (a) General Rule.--An employer having employees subject to section \n6 of the Fair Labor Standards Act of 1938 shall not discriminate, \nwithin any establishment in which such employees are employed, between \nemployees on the basis of employment status by paying wages to \ntemporary employees in such establishment at a rate less than the rate \nat which the employer pays wages to full-time employees in such \nestablishment for equal work on jobs the performance of which requires \nequal skill, effort, and responsibility, and which are performed under \nsimilar working conditions, except where such payment is made pursuant \nto--\n (1) a seniority system;\n (2) a merit system;\n (3) a system that measures earning by quantity or quality \n of production; or\n (4) a differential based on any other factor other than \n employment status.\n (b) Wage Reduction.--An employer who is paying a wage rate \ndifferential in violation of this section shall not, in order to comply \nwith the provisions of this section, reduce the wage rate of any \nemployee.\n (c) Labor Organization.--No labor organization, or its agents, \nrepresenting the employees of an employer having employees subject to \nsection 6 of the Fair Labor Standards Act of 1938 shall cause or \nattempt to cause such an employer to discriminate against an employee \nin violation of this section.\n (d) Unpaid Wages.--For purposes of administration and enforcement, \nany amounts owing to any employee that have been withheld in violation \nof this section shall be deemed to be unpaid minimum wages or unpaid \novertime compensation under section 5.\n (e) Definition.--As used in this section, the term ``labor \norganization'' means any organization of any kind, or any agency or \nemployee representation committee or plan, in which employers \nparticipate and which exists for the purpose, in whole or in part, of \ndealing with employers concerning grievances, labor disputes, wages, \nrates of pay, hours of employment, or conditions of work.\n\nSEC. 4. LIABILITY TO ALL PERSONS ON WORKSITE.\n\n Section 5(a)(1) of the Occupational Safety and Health Act of 1970 \n(29 U.S.C. 654(a)(1)) is amended to read as follows:\n ``(1) shall, at the place of employment of the employer, \n furnish to each person at such place a place which is free from \n recognized hazards that are causing or are likely to cause \n death or serious physical harm to such persons; and''.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Civil Action by Employees.--\n (1) Liability.--Any employer who violates section 2 or 3 \n shall be liable to any eligible employee affected--\n (A) for damages equal to--\n (i) the amount of any wages, salary, \n employment benefits, or other compensation \n denied or lost to such employee by reason of \n the violation;\n (ii) the interest on the amount described \n in clause (i) calculated at the prevailing \n rate; and\n (iii) an additional amount as liquidated \n damages equal to the sum of the amount \n described in clause (i) and the interest \n described in clause (ii), except that if an \n employer who has violated section 2 or 3 proves \n to the satisfaction of the court that the act \n or omission which violated such section was in \n good faith and that the employer had reasonable \n grounds for believing that the act or omission \n was not a violation of such section, such court \n may, in the discretion of the court, reduce the \n amount of the liability to the amount and \n interest determined under clauses (i) and (ii), \n respectively; and\n (B) for such equitable relief as may be \n appropriate, including employment, reinstatement, and \n promotion.\n (2) Right of action.--An action to recover the damages or \n equitable relief prescribed in paragraph (1) may be maintained \n against any employer (including a public agency) in any Federal \n or State court of competent jurisdiction by any one or more \n employees for and in behalf of--\n (A) the employees; or\n (B) the employees and other employees similarly \n situated.\n (3) Fees and costs.--The court in such an action shall, in \n addition to any judgment awarded to the plaintiff, allow a \n reasonable attorney's fee, reasonable expert witness fees, and \n other costs of the action to be paid by the defendant.\n (4) Limitations.--The right provided by paragraph (2) to \n bring an action by or on behalf of any employee shall \n terminate--\n (A) on the filing of a complaint by the Secretary \n in an action under subsection (d) in which restraint is \n sought of any further delay in the payment of the \n amount described in paragraph (1)(A) to such employee \n by an employer responsible under paragraph (1) for the \n payment; or\n (B) on the filing of a complaint by the Secretary \n in an action under subsection (b) in which a recovery \n is sought of the damages described in paragraph (1)(A) \n owing to an eligible employee by an employer liable \n under paragraph (1),\n unless the action described in subparagraph (A) or (B) is \n dismissed without prejudice on motion of the Secretary.\n (b) Action by the Secretary.--\n (1) Administrative action.--The Secretary shall receive, \n investigate, and attempt to resolve complaints of violations of \n section 2 or 3 in the same manner that the Secretary receives, \n investigates, and attempts to resolve complaints of violations \n of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 \n U.S.C. 206 and 207).\n (2) Civil action.--The Secretary may bring an action in any \n court of competent jurisdiction to recover the damages \n described in subsection (a)(1)(A).\n (3) Sums recovered.--Any sums recovered by the Secretary \n pursuant to paragraph (2) shall be held in a special deposit \n account and shall be paid, on order of the Secretary, directly \n to each employee affected. Any such sums not paid to an \n employee because of inability to do so within a period of 3 \n years shall be deposited into the Treasury of the United States \n as miscellaneous receipts.\n (c) Limitation.--\n (1) In general.--Except as provided in paragraph (2), an \n action may be brought under this section not later than 2 years \n after the date of the last event constituting the alleged \n violation for which the action is brought.\n (2) Willful violation.--In the case of such action brought \n for a willful violation of section 2 or 3, such action may be \n brought within 3 years of the date of the last event \n constituting the alleged violation for which such action is \n brought.\n (3) Commencement.--In determining when an action is \n commenced by the Secretary under this section for the purposes \n of this subsection, it shall be considered to be commenced on \n the date when the complaint is filed.\n (d) Action for Injunction by Secretary.--The district courts of the \nUnited States shall have jurisdiction, for cause shown, in an action \nbrought by the Secretary--\n (1) to restrain violations of section 2 or 3, including the \n restraint of any withholding of payment of wages, salary, \n employment benefits, or other compensation, plus interest, \n found by the court to be due to eligible employees; or\n (2) to award such other equitable relief as may be \n appropriate, including employment, reinstatement, and \n promotion.\n (e) Solicitor of Labor.--The Solicitor of Labor may appear for and \nrepresent the Secretary on any litigation brought under this section.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act:\n (1) Employee.--The term ``employee'' means any individual \n who performs services for wages, salary, or other reimbursement \n under any contract of hire, written or oral, express or implied \n with an employer. This individual also works for an employer at \n least 1,000 hours per year.\n (2) Employer.--The term ``employer'' means any person \n engaged in commerce or in any industry or activity affecting \n commerce who employs 100 or more employees for each working day \n during each of 20 or more calendar workweeks in the current or \n preceding calendar year.\n (3) Permanent employee.--The term ``permanent employee'' \n means any individual who is hired for an indefinite period of \n time as an employee and is accorded benefits.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (5) Temporary agency.--The term ``temporary agency'' means \n any person regularly undertaking with or without compensation \n to procure employees for an employer temporarily or to procure \n for employees opportunities to work for an employer and \n includes an agent of such a person.\n (6) Temporary employee.--The term ``temporary employee'' \n means any employee who is not permanent.","summary":"Equity for Temporary Workers Act of 1999 - Prohibits employers from discriminating with respect to wages, hours, and other terms and conditions of employment against any temporary employee. Makes a temporary employee eligible to receive any benefit offered by an employer to other permanent employees after the temporary employee works for the employer for 1,000 hours during a 12-month period, regardless of whether placed by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party. Requires equal pay for temporary employees. Prohibits employers with employees subject to the Fair Labor Standards Act of 1938 from discriminating between employees on the basis of employment status by paying wages to temporary employees in the same establishment at a rate less than that at which the employer pays full-time employees for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Exempts from such prohibition any such payments made pursuant to: (1) a seniority system, (2) a merit system. (3) a system that measures earning by quantity or quality of production. Or (4) a differential based on any other factor other than employment status. Amends the Occupational Safety and Health Act of 1970 to require employers to furnish each employee a place free from recognized hazards that are causing or are likely to cause death or serious physical harm. Sets forth enforcement provisions with respect to violations of this Act, including civil actions by employees and administrative and injunctive actions by the Secretary of Labor.","title":"Equity for Temporary Workers Act of 1999","text_len":10779,"sum_len":1676} {"bill_id":"104_hr3345","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drive Away From Ethanol Welfare Act \nof 1996''.\n\nSEC. 2. REDUCTION OF INCENTIVES FOR ALCOHOL FUELS.\n\n (a) Denial of Credit for Alcohol Used To Produce Ether.--Subsection \n(b) of section 40 of the Internal Revenue Code of 1986 is amended by \nadding at the end the following new paragraph:\n ``(6) Denial of credit for alcohol used to produce ether.--\n No credit shall be allowed under this section for alcohol used \n to produce any ether.''\n (b) Limitation on Alcohol Eligible for Credit for Alcohol Used as \nFuel--\n (1) In general.--Subparagraph (A) of section 40(d)(1) of \n such Code (defining alcohol) is amended by striking ``or'' at \n the end of clause (i), by striking the period at the end of \n clause (ii) and inserting ``, or'', and by adding at the end \n the following new clause:\n ``(iii) alcohol produced by a still (or \n other distilling apparatus) placed in service \n after December 31, 1996.''\n (2) Future credit limited to average historical \n production.--Section 40 of such Code is amended by adding at \n the end the following new subsection:\n ``(i) Expanded Production Ineligible for Credit.--\n ``(1) In general.--Subsection (a) shall apply to alcohol \n produced after December 31, 1996, only if the alcohol is \n designated under this subsection by a producer who is \n registered under section 4101.\n ``(2) Designation based on historical production.--The \n amount of alcohol produced by a producer during any calendar \n year which may be designated under this subsection by any \n producer other than an eligible small ethanol producer is the \n amount equal to the average annual amount of alcohol (as \n defined in subsection (d)(1)(A) without regard to clause \n (iii))--\n ``(A) which was produced by such producer (other \n than casual off-farm production) during the 3-year \n period ending on June 30, 1996, and\n ``(B) which was sold or used by such producer for \n any purpose described in clause (i) of subsection \n (b)(4)(B).\n For purposes of the preceding sentence, a rule similar to the \n rule of subsection (b)(4)(D) shall apply.\n ``(3) Production for less than entire base period.--\n ``(A) In general.--If alcohol is produced by a \n producer for less than the entire 3-year period \n referred to in paragraph (2)(A), the average referred \n to in paragraph (2) shall be treated as being equal to \n 50 percent of the annual productive capacity of such \n producer as of December 31, 1996.\n ``(B) Producer may establish higher average \n production.--In the case of a producer who produced \n alcohol during at least the last 3 months of such 3-\n year period, subparagraph (A) shall be applied by \n substituting for `50 percent' the percentage \n established by such producer to the satisfaction of the \n Secretary as the percentage which such producer's \n normal alcohol production is of its productive \n capacity.\n ``(4) Acquisitions and dispositions.--Rules similar to the \n rules of subparagraphs (A) and (B) of section 41(f)(3) shall \n apply for purposes of this subsection.''\n (3) Conforming amendment.--Paragraph (1) of section 40(g) \n of such Code is amended by striking ``clauses (i) and (ii)'' \n and inserting ``clauses (i), (ii), and (iii)''.\n (c) Reduction of Credit For Ethanol By Reason of Carbon Dioxide \nByproduct Benefit.--Subsection (h) of section 40 of such Code is \namended--\n (1) by striking ``54 cents'' each place it appears and \n inserting ``51 cents'', and\n (2) by striking ``40 cents'' each place it appears and \n inserting ``38.25 cents''.\n (d) Conforming Reductions of Other Incentives for Ethanol Fuel.--\n (1) Repeal of reduced rate on ethanol fuel produced other \n than from petroleum or natural gas.--Subsection (b) of section \n 4041 of such Code is amended to read as follows:\n ``(b) Exemption for Off-Highway Business Use.--\n ``(1) In general.--No tax shall be imposed by subsection \n (a) or (d)(1) on liquids sold for use or used in an off-highway \n business use.\n ``(2) Tax where other use.--If a liquid on which no tax was \n imposed by reason of paragraph (1) is used otherwise than in an \n off-highway business use, a tax shall be imposed by paragraph \n (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is \n appropriate) and by the corresponding provision of subsection \n (d)(1) (if any).\n ``(3) Off-highway business use defined.--For purposes of \n this subsection, the term `off-highway business use' has the \n meaning given to such term by section 6421(e)(2); except that \n such term shall not, for purposes of subsection (a)(1), include \n use in a diesel-powered train.''\n (2) Repeal of reduced rate on ethanol fuel produced from \n natural gas.--Subsection (m) of section 4041 of such Code is \n amended--\n (A) by striking ``or ethanol'' each place it \n appears (including the heading of paragraph (2)), and\n (B) by striking ``, ethanol, or other alcohol'' in \n paragraph (2) and inserting ``or other alcohol (other \n than ethanol)''.\n (e) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in \nSame Manner as Other Motor Fuels.--\n (1) In general.--Paragraph (1) of section 4083(a) of such \n Code (defining taxable fuel) is amended by striking ``and'' at \n the end of subparagraph (A), by striking the period at the end \n of subparagraph (B) and inserting ``, and'', and by adding at \n the end the following:\n ``(C) fuel alcohol.''\n (2) Fuel alcohol.--Subsection (a) of section 4083 of such \n Code is amended by adding at the end the following new \n paragraph:\n ``(4) Fuel alcohol.--The term `fuel alcohol' means any \n alcohol (including ethanol and methanol)--\n ``(A) which is produced other than from petroleum, \n natural gas, or coal (including peat), and\n ``(B) which is withdrawn from the distillery where \n produced free of tax under chapter 51 by reason of \n section 5181 or so much of section 5214(a)(1) as \n relates to fuel use.\n Such term shall not include alcohol designated under section \n 40(i).''\n (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of \n such Code is amended by inserting ``or fuel alcohol'' after \n ``gasoline''.\n (4) Special rules for imposition of tax.--\n (A) Paragraph (1) of section 4081(a) of such Code \n is amended by adding at the end the following new \n subparagraph:\n ``(C) Special rules for fuel alcohol.--In the case \n of fuel alcohol--\n ``(i) the distillery where produced shall \n be treated as a refinery, and\n ``(ii) subparagraph (B) shall be applied by \n including transfers by truck or rail in excess \n of such minimum quantities as the Secretary \n shall prescribe.''\n (B) Paragraph (1) of section 4081(b) of such Code \n is amended by inserting ``(other than fuel alcohol \n designated under section 40(i))'' after ``taxable \n fuel''.\n (5) Repeal of reduced rates on alcohol fuels.--\n (A) Section 4041 of such Code is amended by \n striking subsection (k).\n (B) Section 4081 of such Code is amended by \n striking subsection (c).\n (C) Section 4091 of such Code is amended by \n striking subsection (c).\n (6) Conforming amendments.--\n (A) Subsection (c) of section 40 of such Code is \n amended by striking all that follows ``application of'' \n and inserting ``the last sentence of section \n 4083(a)(4)''.\n (B) Paragraph (4) of section 40(d) of such Code is \n amended to read as follows:\n ``(4) Volume of alcohol.--For purposes of determining under \n subsection (a) the number of gallons of alcohol with respect to \n which a credit is allowable under subsection (a), the volume of \n alcohol shall include the volume of any denaturant (including \ngasoline) which is added under any formulas approved by the Secretary \nto the extent that such denaturants do not exceed 5 percent of the \nvolume of such alcohol (including denaturants).''\n (C) Paragraph (2) of section 4041(a) of such Code \n is amended by adding at the end the following: ``No tax \n shall be imposed by this paragraph on the sale or use \n of any liquid if tax was imposed on such liquid under \n section 4081 and the tax thereon was not credited or \n refunded.''\n (D) Section 6427 of such Code is amended by \n striking subsection (f).\n (E) Subsection (i) of section 6427 of such Code is \n amended by striking paragraph (3).\n (F) Paragraph (2) of section 6427(k) of such Code \n is amended by striking ``(3)''.\n (G)(i) Paragraph (1) of section 6427(l) of such \n Code is amended by striking ``or'' at the end of \n subparagraph (A), by redesignating subparagraph (B) as \n subparagraph (C), and by inserting after subparagraph \n (A) the following new subparagraph:\n ``(B) any fuel alcohol (as defined in section 4083) \n on which tax has been imposed by section 4081, or''.\n (ii) Paragraph (2) of section 6427(l) of such Code \n is amended by striking ``and'' at the end of \n subparagraph (A), by redesignating subparagraph (B) as \n subparagraph (C), and by inserting after subparagraph \n (A) the following new subparagraph:\n ``(B) in the case of fuel alcohol (as so defined), \n any use which is exempt from the tax imposed by section \n 4041(a)(2) other than by reason of a prior imposition \n of tax, and''.\n (iii) The heading of subsection (l) of section 6427 \n of such Code is amended by inserting ``, Fuel \n Alcohol,'' after ``Diesel Fuel''.\n (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such \n Code are each amended by striking ``and kerosene'' and \n inserting ``kerosene, and fuel alcohol''.\n (I) Section 9502 of such Code is amended by \n striking subsection (e) and by redesignating subsection \n (f) as subsection (e).\n (J) Subsection (e) of section 9502 of such Code (as \n redesignated by subparagraph (I)) is amended by \n striking paragraph (2) and by redesignating paragraph \n (3) as paragraph (2).\n (K) Subsection (b) of section 9503 of such Code is \n amended by striking paragraph (5).\n (L) Paragraph (3) of section 9503(f) of such Code \n is amended to read as follows:\n ``(3) Partially exempt methanol or ethanol fuel.--In the \n case of a rate of tax determined under section 4041(m), the \n Highway Trust Fund financing rate is the excess (if any) of the \n rate so determined over 4.3 cents per gallon.''\n (f) Increase in Small Ethanol Producer Credit.--Subparagraph (A) of \nsection 40(b)(4) of such Code is amended by striking ``10 cents'' and \ninserting ``13 cents''.\n (g) Effective Date.--\n (1) Amendments relating to credit.--The amendments made by \n subsections (a), (b), (c), and (f) shall apply to alcohol \n produced after December 31, 1996, in taxable years ending after \n such date.\n (2) Amendments relating to excise taxes.--The amendments \n made by subsections (d) and (e) shall take effect on January 1, \n 1997.\n (3) Stills placed in service pursuant to binding \n contracts.--For purposes of subsections (d)(1)(A)(iii) and \n (i)(3)(A) of section 40 of the Internal Revenue Code of 1986, \n as amended by this section, a still (or other distilling \n apparatus) shall be treated as placed in service before January \n 1, 1997, if such still (or other apparatus)--\n (A) is constructed or acquired by the taxpayer \n pursuant to a written contract which was binding on \n April 30, 1996, and at all times thereafter before such \n construction or acquisition, and\n (B) is placed in service before January 1, 1998.\n (h) Floor Stock Taxes.--\n (1) Imposition of tax.--In the case of fuel alcohol which \n is held on January 1, 1997, by any person, there is hereby \n imposed a floor stocks tax of 18.4 cents per gallon.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding fuel \n alcohol on January 1, 1997, to which the tax imposed by \n paragraph (1) applies shall be liable for such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before June 30, 1997.\n (3) Definitions.--For purposes of this subsection--\n (A) Fuel alcohol.--The term ``fuel alcohol'' has \n the meaning given such term by section 4083 of the \n Internal Revenue Code of 1986, as amended by this \n section.\n (B) Held by a person.--Fuel alcohol shall be \n considered as ``held by a person'' if title thereto has \n passed to such person (whether or not delivery to the \n person has been made).\n (C) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or his delegate.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to fuel alcohol held by any \n person exclusively for any use to the extent a credit or refund \n of the tax imposed by section 4081 of the Internal Revenue Code \n of 1986 is allowable for such use.\n (5) Exception for fuel held in vehicle tank.--No tax shall \n be imposed by paragraph (1) on fuel alcohol held in the tank of \n a motor vehicle or motorboat.\n (6) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1) on fuel alcohol held on January 1, 1997, \n by any person if the aggregate amount of fuel alcohol \n held by such person on such date does not exceed 2,000 \n gallons. The preceding sentence shall apply only if \n such person submits to the Secretary (at the time and \n in the manner required by the Secretary) such \n information as the Secretary shall require for purposes \n of this paragraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account fuel held by any \n person which is exempt from the tax imposed by \n paragraph (1) by reason of paragraph (4) or (5).\n (C) Controlled groups.--For purposes of this \n paragraph--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of clause (i) shall apply to a group of persons \n under common control where 1 or more of such \n persons is not a corporation.\n (7) Other laws applicable.--All provisions of law, \n including penalties, applicable with respect to the taxes \n imposed by section 4081 of such Code shall, insofar as \n applicable and not inconsistent with the provisions of this \n subsection, apply with respect to the floor stock taxes imposed \n by paragraph (1) to the same extent as if such taxes were \n imposed by such section 4081.","summary":"Drive Away from Ethanol Welfare Act of 1996 - Amends the Internal Revenue Code to repeal the credit for alcohol used to produce any ether. Limits other tax incentives to produce alcohol for use as fuel. Reduces the credit for any alcohol which is ethanol.","title":"Drive Away From Ethanol Welfare Act of 1996","text_len":18557,"sum_len":255} {"bill_id":"110_hr2536","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HOPE VI Green Building and Technical \nAssistance Act of 2007''.\n\nSEC. 2. GREEN COMMUNITIES REQUIREMENTS.\n\n (a) In General.--Section 24(e) of the United States Housing Act of \n1937 (42 U.S.C. 1437v(e)) is amended by adding at the end the following \nnew paragraph:\n ``(4) Green communities requirements.--\n ``(A) Requirements.--The Secretary may not make a \n grant under this section to an applicant unless the \n revitalization plan of the applicant to be carried out \n with such grant amounts complies with the following \n requirements:\n ``(i) Affordable housing.--The plan \n complies with the green communities criteria \n checklist of the national Green Communities \n program that provides criteria for the design, \n development, and operation of affordable \n housing, as such checklist is in effect upon \n the date of the enactment of the HOPE VI Green \n Building and Technical Assistance Act of 2007, \n as follows:\n ``(I) The revitalization plan shall \n comply with all items of the green \n communities criteria checklist that are \n identified as mandatory.\n ``(II) The revitalization plan \n shall comply with such other \n nonmandatory items of the green \n communities criteria checklist so as to \n result in a cumulative number of points \n attributable to such nonmandatory items \n under such checklist of not less than--\n ``(aa) 25 points, in the \n case of any plan (or portion \n thereof) consisting of new \n construction; and\n ``(bb) 20 points, in the \n case of any plan (or portion \n thereof) consisting of \n rehabilitation.\n ``(ii) Nonresidential structures.--The plan \n provides that any nonresidential structure \n covered by the plan that has 50,000 square feet \n of gross floor area or more complies with \n version 2.2 of the Leadership in Energy and \n Environmental Design green building rating \n system for new construction and major \n renovations (LEED-NC 2.2) or version 2.0 of \n such green building rating system for core and \n shell (LEED-CS 2.0) at the certification level.\n ``(B) Verification.--\n ``(i) In general.--The Secretary shall \n verify, or provide for verification, sufficient \n to ensure that each revitalization plan carried \n out with amounts from a grant under this \n section complies with the requirements under \n subparagraph (A) and that the revitalization \n program is carried out in accordance with such \n requirements and plan.\n ``(ii) Timing.--In providing for such \n verification, the Secretary shall establish \n procedures to ensure such compliance with \n respect to each grantee, and shall report to \n the Congress with respect to the compliance of \n each grantee, at each of the following times:\n ``(I) Not later than 60 days after \n award of a grant under this section for \n the grantee.\n ``(II) Upon completion of the \n revitalization program of the \n grantee.''.\n (b) Selection Criteria.--Section 24(e)(2) of the United States \nHousing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended--\n (1) in subparagraph (K), by striking ``and'' at the end;\n (2) by redesignating subparagraph (L) as subparagraph (M); \n and\n (3) by inserting after subparagraph (K) the following new \n subparagraph:\n ``(L) the extent of compliance of the \n revitalization program proposed under the plan with the \n nonmandatory items of the national Green Communities \n criteria checklist identified in paragraph (4)(A); \n and''.\n\nSEC. 3. PLANNING AND TECHNICAL ASSISTANCE GRANTS.\n\n Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. \n1437v(m)) is amended by striking paragraph (2) and inserting the \nfollowing new paragraph:\n ``(2) Planning and technical assistance grants.--Subject \n only to approvable requests for grants under this paragraph, of \n the amount appropriated pursuant to paragraph (1) for any \n fiscal year, the Secretary shall use not less than two percent \n for grants in such fiscal year to potential applicants and \n applicants for grants under this section to assist such \n entities in developing and planning revitalization programs \n under this section or to recipients of grants under this \n section to assist such recipients in obtaining technical \n assistance in carrying out revitalization programs.''.","summary":"HOPE VI Green Building and Technical Assistance Act of 2007 - Amends the United States Housing Act of 1937 to prescribe green communities requirements for grant applicants regarding revitalization programs for severely distressed public housing. Prohibits the Secretary of Housing and Urban Development from making a grant unless the applicant's revitalization plan complies with both the mandatory and some of the nonmandatory green communities affordable housing design, development, and operation criteria as they appear on the national Green Communities program checklist. Adds to such criteria specified requirements for nonresidential structures covered by the plan. Directs the Secretary to establish verification procedures. Repeals current technical assistance and program oversight funding authority, including those for assistance in connection with establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative. Replaces it with mandatory funding for additional grants to assist: (1) potential and actual revitalization grant applicants in developing and planning revitalization programs. Or (2) revitalization grant recipients in obtaining technical assistance in carrying out such programs.","title":"To require all public housing revitalization projects assisted under the HOPE VI program to meet green communities standards.","text_len":6174,"sum_len":1254} {"bill_id":"109_hr2066","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``General Services Administration \nModernization Act''.\n\nSEC. 2. FEDERAL ACQUISITION SERVICE.\n\n (a) Establishment.--\n (1) In general.--Section 303 of title 40, United States Code, \n is amended to read as follows:\n\n``Sec. 303. Federal Acquisition Service\n\n ``(a) Establishment.--There is established in the General Services \nAdministration a Federal Acquisition Service. The Administrator of \nGeneral Services shall appoint a Commissioner of the Federal \nAcquisition Service, who shall be the head of the Federal Acquisition \nService.\n ``(b) Functions.--Subject to the direction and control of the \nAdministrator of General Services, the Commissioner of the Federal \nAcquisition Service shall be responsible for carrying out functions \nrelated to the uses for which the Acquisition Services Fund is \nauthorized under section 321 of this title, including any functions \nthat were carried out by the entities known as the Federal Supply \nService and the Federal Technology Service and such other related \nfunctions as the Administrator considers appropriate.\n ``(c) Regional Executives.--The Administrator may appoint Regional \nExecutives in the Federal Acquisition Service, to carry out such \nfunctions within the Federal Acquisition Service as the Administrator \nconsiders appropriate.''.\n (2) Clerical amendment.--The item relating to section 303 at \n the beginning of chapter 3 of such title is amended to read as \n follows:\n\n``303. Federal Acquisition Service.''.\n\n (b) Executive Schedule Compensation.--Section 5316 of title 5, \nUnited States Code, is amended by striking ``Commissioner, Federal \nSupply Service, General Services Administration.'' and inserting the \nfollowing:\n ``Commissioner, Federal Acquisition Service, General Services \n Administration.''.\n (c) References.--Any reference in any other Federal law, Executive \norder, rule, regulation, reorganization plan, or delegation of \nauthority, or in any document--\n (1) to the Federal Supply Service is deemed to refer to the \n Federal Acquisition Service;\n (2) to the GSA Federal Technology Service is deemed to refer to \n the Federal Acquisition Service;\n (3) to the Commissioner of the Federal Supply Service is deemed \n to refer to the Commissioner of the Federal Acquisition Service; \n and\n (4) to the Commissioner of the GSA Federal Technology Service \n is deemed to refer to the Commissioner of the Federal Acquisition \n Service.\n\nSEC. 3. ACQUISITION SERVICES FUND.\n\n (a) Abolishment of General Supply Fund and Information Technology \nFund.--The General Supply Fund and the Information Technology Fund in \nthe Treasury are hereby abolished.\n (b) Transfers.--Capital assets and balances remaining in the \nGeneral Supply Fund and the Information Technology Fund as in existence \nimmediately before this section takes effect shall be transferred to \nthe Acquisition Services Fund and shall be merged with and be available \nfor the purposes of the Acquisition Services Fund under section 321 of \ntitle 40, United States Code (as amended by this Act).\n (c) Assumption of Obligations.--Any liabilities, commitments, and \nobligations of the General Supply Fund and the Information Technology \nFund as in existence immediately before this section takes effect shall \nbe assumed by the Acquisition Services Fund.\n (d) Existence and Composition of Acquisition Services Fund.--\nSubsections (a) and (b) of section 321 of title 40, United States Code, \nare amended to read as follows:\n ``(a) Existence.--The Acquisition Services Fund is a special fund \nin the Treasury.\n ``(b) Composition.--\n ``(1) In general.--The Fund is composed of amounts authorized \n to be transferred to the Fund or otherwise made available to the \n Fund.\n ``(2) Other credits.--The Fund shall be credited with all \n reimbursements, advances, and refunds or recoveries relating to \n personal property or services procured through the Fund, \n including--\n ``(A) the net proceeds of disposal of surplus personal \n property; and\n ``(B) receipts from carriers and others for loss of, or \n damage to, personal property; and\n ``(C) receipts from agencies charged fees pursuant to rates \n established by the Administrator.\n ``(3) Cost and capital requirements.--The Administrator shall \n determine the cost and capital requirements of the Fund for each \n fiscal year and shall develop a plan concerning such requirements \n in consultation with the Chief Financial Officer of the General \n Services Administration. Any change to the cost and capital \n requirements of the Fund for a fiscal year shall be approved by the \n Administrator. The Administrator shall establish rates to be \n charged agencies provided, or to be provided, supply of personal \n property and non-personal services through the Fund, in accordance \n with the plan.\n ``(4) Deposit of fees.--Fees collected by the Administrator \n under section 313 of this title may be deposited in the Fund to be \n used for the purposes of the Fund.''.\n (e) Uses of Fund.--Section 321(c) of such title is amended in \nparagraph (1)(A)--\n (1) by striking ``and'' at the end of clause (i);\n (2) by inserting ``and'' after the semicolon at the end of \n clause (ii); and\n (3) by inserting after clause (ii) the following new clause:\n ``(iii) personal services related to the provision of \n information technology (as defined in section 11101(6) of \n this title);''.\n (f) Payment for Property and Services.--Section 321(d)(2)(A) of \nsuch title is amended--\n (1) by striking ``and'' at the end of clause (iv);\n (2) by redesignating clause (v) as clause (vi); and\n (3) by inserting after clause (iv) the following new clause:\n ``(v) the cost of personal services employed directly \n in providing information technology (as defined in section \n 11101(6) of this title); and''.\n (g) Transfer of Uncommitted Balances.--Subsection (f) of section \n321 of such title is amended to read as follows:\n ``(f) Transfer of Uncommitted Balances.--Following the close of \neach fiscal year, after making provision for a sufficient level of \ninventory of personal property to meet the needs of Federal agencies, \nthe replacement cost of motor vehicles, and other anticipated operating \nneeds reflected in the cost and capital plan developed under subsection \n(b), the uncommitted balance of any funds remaining in the Fund shall \nbe transferred to the general fund of the Treasury as miscellaneous \nreceipts.''.\n (h) Conforming and Clerical Amendments.--\n (1) Section 322 of such title is repealed.\n (2) The heading for section 321 of such title is amended to \n read as follows:\n\n``Sec. 321. Acquisition Services Fund''.\n\n (3) The table of sections for chapter 3 of such title is \n amended by striking the items relating to sections 321 and 322 and \n inserting the following:\n\n``321. Acquisition Services Fund.''.\n\n (4) Section 573 of such title is amended by striking ``General \n Supply Fund'' both places it appears and inserting ``Acquisition \n Services Fund''.\n (5) Section 604(b) of such title is amended--\n (A) in the heading, by striking ``General Supply Fund'' and \n inserting ``Acquisition Services Fund''; and\n (B) in the text, by striking ``General Supply Fund'' and \n inserting ``Acquisition Services Fund''.\n (6) Section 605 of such title is amended--\n (A) in subsection (a)--\n (i) in the heading, by striking ``General Supply Fund'' \n and inserting ``Acquisition Services Fund''; and\n (ii) in the text, by striking ``General Supply Fund'' \n and inserting ``Acquisition Services Fund''; and\n (B) in subsection (b)(2)--\n (i) by striking ``321(f)(1)'' and inserting ``321(f)''; \n and\n (ii) by striking ``General Supply Fund'' and inserting \n ``Acquisition Services Fund''.\n\nSEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL.\n\n Section 37 of the Office of Federal Procurement Policy Act (41 \nU.S.C. 433) is amended by adding at the end the following new \nsubsection:\n ``(i) Provisions Relating to Reemployment.--\n ``(1) Policies and procedures.--The head of each executive \n agency, after consultation with the Administrator and the Director \n of the Office of Personnel Management, shall establish policies and \n procedures under which the agency head may reemploy in an \n acquisition-related position (as described in subsection (g)(1)(A)) \n an individual receiving an annuity from the Civil Service \n Retirement and Disability Fund, on the basis of such individual's \n service, without discontinuing such annuity. The head of each \n executive agency shall keep the Administrator informed of the \n agency's use of this authority.\n ``(2) Service not subject to csrs or fers.--An individual so \n reemployed shall not be considered an employee for the purposes of \n chapter 83 or 84 of title 5, United States Code.\n ``(3) Criteria for exercise of authority.--Polices and \n procedures established pursuant to this subsection shall authorize \n the head of the executive agency, on a case-by-case basis, to \n continue an annuity if--\n ``(A) the unusually high or unique qualifications of an \n individual receiving an annuity from the Civil Service \n Retirement and Disability Fund on the basis of such \n individual's service,\n ``(B) the exceptional difficulty in recruiting or retaining \n a qualified employee, or\n ``(C) a temporary emergency hiring need,\n makes the reemployment of an individual essential.\n ``(4) Reporting requirement.--The Administrator shall submit \n annually to the Committee on Government Reform of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate a report on the use of the \n authority under this subsection, including the number of employees \n reemployed under authority of this subsection.\n ``(5) Sunset provision.--The authority under this subsection \n shall expire on December 31, 2011.''.\n\nSEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT \n STATIONS.\n\n Section 549(c)(3)(B) of title 40, United States Code, is amended--\n (1) in clause (vii), by striking ``or'' after the semicolon;\n (2) in clause (viii), by striking the period and inserting ``; \n or''; and\n (3) by adding at the end the following:\n ``(ix) a historic light station as defined under \n section 308(e)(2) of the National Historic Preservation Act \n (16 U.S.C. 470w-7(e)(2)), including a historic light \n station conveyed under subsection (b) of that section, \n notwithstanding the number of hours that the historic light \n station is open to the public.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 60 \ndays after the date of the enactment of this Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"General Services Administration Modernization Act - Establishes a Federal Acquisition Service in the General Services Administration (GSA) to be headed by a Commissioner who shall be responsible for carrying out functions related to the uses of the Acquisition Services Fund , including any functions that were carried out by the Federal Supply Service and the Federal Technology Service. Authorizes the Administrator to appoint Regional Executives in the Federal Acquisition Service to carry out such functions within that Service as the Administrator considers appropriate. Abolishes the General Supply Fund and the Information Technology Fund in the Treasury. Transfers remaining capital assets and balances in such Funds to the Acquisition Services Fund to be merged with, and be available for, the purposes of such Fund. Requires the Acquisition Services Fund to be credited with all reimbursements relating to personal property or services procured through the Fund, including: (1) the net proceeds of disposal of surplus personal property. And (2) receipts from carriers and others for loss of, or damage to, personal property. And (3) receipts from agencies charged fees pursuant to rates established by the Administrator. Requires the Administrator to determine cost and capital requirements of the Fund and develop a plan concerning such requirements in consultation with the Chief Financial Officer of GSA. Requires the Administrator, according to such plan, to establish rates to be charged agencies provided personal property and non-personal services through the Fund. Allows fees collected for recovering the costs of testing materials tendered for sale or lease to GSA or any procurement authority acting under GSA to be deposited in the Fund. Provides for: (1) the use of the Fund for personal services related to the provision of information technology. And (2) the Administrator to fix prices at levels sufficient to recover the cost of personal services employed directly in providing information technology. Sets requirements for the transfer of uncommitted balances in the Fund. Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to establish policies and procedures under which the agency head may reemploy in an acquisition-related position an individual receiving an annuity from the Civil Service Retirement and Disability Fund without discontinuing such annuity, if unique needs exist. Prohibits considering an individual so reemployed to be a federal employee for the purposes of the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Requires the Administrator to submit annual reports to specified congressional committees on the use of such authority, including the number of employees reemployed under such authority. Terminates such authority on December 31, 2011. Amends federal law relating to donation of personal property through state agencies to provide for the transfer of historic light stations, including historic light stations conveyed under the National Historic Preservation Act, to such agencies for education or public health purposes to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code.","title":"To amend title 40, United States Code, to establish a Federal Acquisition Service, to replace the General Supply Fund and the Information Technology Fund with an Acquisition Services Fund, and for other purposes.","text_len":11684,"sum_len":3316} {"bill_id":"112_hr4485","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Credible Military \nOption to Counter Iran Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Declaration of policy.\nSec. 3. United States military preparedness in the Middle East.\nSec. 4. United States military capabilities in the Central Command Area \n of Responsibility.\nSec. 5. Enhancing the defense of Israel and United States interests in \n the Middle East.\nSec. 6. Plan to enhance military capabilities of Persian Gulf allies.\nSec. 7. Plan to increase strategic regional partnerships.\nSec. 8. Definitions.\n\nSEC. 2. DECLARATION OF POLICY.\n\n (a) Findings.--Congress makes the following findings:\n (1) Iran, which has long sought to foment instability and \n promote extremism in the Middle East, is now seeking to exploit \n the dramatic political transition underway in the region to \n undermine governments traditionally aligned with the United \n States and support extremist political movements in these \n countries.\n (2) At the same time, Iran may soon attain a nuclear \n weapons capability, a development that would fundamentally \n threaten vital United States interests, destabilize the region, \n encourage regional nuclear proliferation, further empower and \n embolden Iran, the world's leading state sponsor of terrorism, \n and provide it the tools to threaten its neighbors, including \n Israel.\n (3) With the assistance of Iran over the past several \n years, Syria, Hezbollah, and Hamas have increased their \n stockpiles of rockets, with more than 60,000 rockets now ready \n to be fired at Israel. Iran continues to add to its arsenal of \n ballistic missiles and cruise missiles, which threaten Iran's \n neighbors, Israel, and United States Armed Forces in the \n region.\n (4) Preventing Iran from achieving nuclear weapons \n capability is among the most urgent national security \n challenges facing the United States.\n (5) Successive United States administrations have stated \n that a nuclear weapons-possessing Iran is unacceptable.\n (6) President Obama stated on January 24, 2012, ``Let there \n be no doubt: America is determined to prevent Iran from getting \n a nuclear weapon, and I will take no options off the table to \n achieve that goal.''.\n (7) In order to prevent Iran from developing nuclear \n weapons, the United States, in cooperation with its allies, \n must utilize all elements of national power including \n diplomacy, robust economic sanctions, and credible, visible \n preparations for a military option.\n (8) Nevertheless, to date, diplomatic overtures, sanctions, \n and other non-kinetic actions toward Iran have not caused the \n Government of Iran to abandon its nuclear weapons program.\n (9) With the impact of additional sanctions uncertain, \n additional pressure on the Government of Iran could come from \n the credible threat of military action against Iran's nuclear \n program.\n (b) Declaration of Policy.--It shall be the policy of the United \nStates to take all necessary measures, including military action if \nrequired, to prevent Iran from threatening the United States, its \nallies, or Iran's neighbors with a nuclear weapon.\n\nSEC. 3. UNITED STATES MILITARY PREPAREDNESS IN THE MIDDLE EAST.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) military exercises conducted in the Persian Gulf and \n Gulf of Oman emphasize the United States resolve and the policy \n of the United States described in section 2(b) by enhancing the \n readiness of the United States military and allied forces, as \n well as signaling to the Government of Iran the commitment of \n the United States to defend its vital national security \n interests; and\n (2) the President, as Commander in Chief, should require \n the United States military to develop a comprehensive plan to \n augment the presence of the United States Fifth Fleet in the \n Middle East and to conduct military deployments, exercises, or \n other visible, concrete military readiness activities to \n underscore the policy of the United States described in section \n 2(b).\n (b) Plan.--\n (1) In general.--The Secretary of Defense shall prepare a \n plan to augment the presence of the United States Fifth Fleet \n in the Middle East and to conduct military deployments, \n exercises, or other visible, concrete military readiness \n activities to underscore the policy of the United States \n described in section 2(b).\n (2) Matters to be included.--The plan required under \n paragraph (1) shall include, at a minimum, steps necessary to \n support the policy of the United States described in section \n 2(b), including--\n (A) pre-positioning sufficient supplies of \n aircraft, munitions, fuel, and other materials for both \n air- and sea-based missions at key forward locations in \n the Middle East and Indian Ocean;\n (B) maintaining sufficient naval assets in the \n region necessary to signal United States resolve and to \n bolster United States capabilities to launch a \n sustained sea and air campaign against a range of \n Iranian nuclear and military targets, to protect \n seaborne shipping, and to deny Iranian retaliation \n against United States interests in the region;\n (C) discussing the viability of deploying at least \n two United States aircraft carriers, an additional \n large deck amphibious ship, and a Mine Countermeasures \n Squadron in the region on a continual basis, in support \n of the actions described in subparagraph (B); and\n (D) conducting naval fleet exercises similar to the \n United States Fifth Fleet's major exercise in the \n region in March 2007 to demonstrate ability to keep the \n Strait of Hormuz open and to counter the use of anti-\n ship missiles and swarming high-speed boats.\n (3) Submission to congress.--The plan required under \n paragraph (1) shall be submitted to the congressional defense \n committees not later than 120 days after the date of enactment \n of this Act.\n\nSEC. 4. UNITED STATES MILITARY CAPABILITIES IN THE CENTRAL COMMAND AREA \n OF RESPONSIBILITY.\n\n (a) Authorization of Appropriations for Fiscal Year 2012.--In order \nto enhance United States military capabilities in the Central Command \nArea of Responsibility, funds are hereby authorized to be appropriated \nfor fiscal year 2012 as follows:\n (1) $80,000,000 for Other Procurement, Navy to be available \n for MK 38 Mod 2 machine gun system for Coastal Patrol Craft.\n (2) $44,600,000 for Weapons Procurement, Navy to be \n available for--\n (A) Griffin missile for Coastal Patrol Craft; and\n (B) Spike shoulder-fired electro-optic weapon.\n (3) $72,481,000 for Research, Development, Test and \n Evaluation, Navy to be available for--\n (A) Program Element 0205601N for digital rocket \n launchers;\n (B) Beyond line of sight command and control \n architecture; and\n (C) MAGIC VIEW.\n (4) $134,552,000 for Research, Development, Test and \n Evaluation, Air Force to be available for Hard and Deeply \n Buried Target Defeat System Program, Program Element 0604327F.\n (5) $7,000,000 for Research, Development, Test and \n Evaluation, Defense-Wide to be available for--\n (A) Indications and Warning; and\n (B) Systems Performance.\n (6) $14,000,000 for Operation and Maintenance, Navy to be \n available for Scan Eagle.\n (7) $2,000,000 for Operation and Maintenance, Air Force to \n be available for tactics development and evaluation.\n (b) Authorization of Appropriations for Fiscal Year 2013.--In order \nto enhance United States military capabilities in the Central Command \nArea of Responsibility, funds are hereby authorized to be appropriated \nfor fiscal year 2013 as follows:\n (1) $22,654,000 for Other Procurement, Navy to be available \n for--\n (A) Underwater Explosive Ordnance Disposal \n Programs;\n (B) Naval Military Intelligence Program Support \n Equipment; and\n (C) MK 38 Mod 2 machine gun system for Coastal \n Patrol Craft.\n (2) $31,000,000 for Weapons Procurement, Navy to be \n available for--\n (A) Griffin missile for Coastal Patrol Craft; and\n (B) Spike shoulder-fired electro-optic weapon.\n (3) $72,481,000 for Research, Development, Test and \n Evaluation, Army to be available for Unmanned Aerial Vehicle \n Detection and Tracking.\n (4) $72,481,000 for Research, Development, Test and \n Evaluation, Navy to be available for--\n (A) Joint Service Explosive Ordnance Development, \n Program Element 0603654N;\n (B) Advanced Anti-Radiation Guided Missile in \n Program Element 0205601N; and\n (C) Integrated, Fixed Surveillance System, Program \n Element 0204311N.\n (5) $72,481,000 for Research, Development, Test and \n Evaluation, Air Force to be available for Cyber Command \n Activities within Program Element 0208059F.\n\nSEC. 5. ENHANCING THE DEFENSE OF ISRAEL AND UNITED STATES INTERESTS IN \n THE MIDDLE EAST.\n\n (a) Sense of Congress.--It is the sense of Congress that the United \nStates should take the following actions to assist in the defense of \nIsrael:\n (1) Provide Israel such support as may be necessary to \n increase development and production of joint missile defense \n systems, particularly such systems that defend the urgent \n threat posed to Israel and United States forces in the region.\n (2) Provide Israel defense articles, intelligence, and \n defense services through such mechanisms as appropriate, to \n include air refueling tankers, missile defense capabilities, \n and specialized munitions.\n (3) Allocate additional weaponry and munitions for the \n forward-deployed United States stockpile in Israel.\n (4) Provide Israel additional surplus defense articles and \n defense services, as appropriate, in the wake of the withdrawal \n of United States forces from Iraq.\n (5) Offer the Israeli Air Force additional training and \n exercise opportunities in the United States to compensate for \n Israel's limited air space.\n (6) Expand Israel's authority to make purchases under \n section 23 of the Arms Export Control Act (relating to the \n ``Foreign Military Financing'' program) on a commercial basis.\n (7) Seek to enhance the capabilities of the United States \n and Israel to address emerging common threats, increase \n security cooperation, and expand joint military exercises.\n (8) Encourage an expanded role for Israel within the North \n Atlantic Treaty Organization (NATO), including an enhanced \n presence at NATO headquarters and exercises.\n (9) Support extension of the long-standing loan guarantee \n program for Israel, recognizing Israel's unbroken record of \n repaying its loans on time and in full.\n (10) Expand already-close intelligence cooperation, \n including satellite intelligence, with Israel.\n (b) Report on Israel's Qualitative Military Edge.--\n (1) Statement of policy.--It is the policy of the United \n States--\n (A) to help Israel preserve its qualitative \n military edge amid rapid and uncertain regional \n political transformation; and\n (B) to encourage further development of advanced \n technology programs between the United States and \n Israel in light of current trends and instability in \n the region.\n (2) Report.--Not later than 180 days after the date of the \n enactment of this Act, the President shall submit to the \n appropriate congressional committees a report on the status of \n Israel's qualitative military edge in light of current trends \n and instability in the region.\n (c) Report on Other Matters.--Not later than 180 days after the \ndate of the enactment of this Act, the President shall submit to the \nappropriate congressional committees a report on each of the following:\n (1) Taking into account Israel's urgent requirement for F-\n 35 aircraft, actions to improve the process relating to \n Israel's purchase of F-35 aircraft to improve cost efficiency \n and timely delivery.\n (2) Efforts to expand cooperation between the United States \n and Israel in homeland defense, counter-terrorism, maritime \n security, cybersecurity, and other appropriate areas.\n (3) Actions to integrate Israel into the defense of the \n Eastern Mediterranean.\n\nSEC. 6. PLAN TO ENHANCE MILITARY CAPABILITIES OF PERSIAN GULF ALLIES.\n\n (a) Plan.--The Secretary of Defense, in consultation with the \nSecretary of State, shall develop a plan to enhance the military \ncapabilities of Persian Gulf allies to bolster the posture of such \nallies in relation to Iran.\n (b) Matters To Be Included.--The plan required under subsection (a) \nshall include the following:\n (1) A description of the means to augment the offensive \n strike capabilities of key Gulf Cooperation Council allies, \n including the potential sale or upgrades of strike attack \n aircraft and bunker buster munitions, to augment the viability \n of a credible military option and to strengthen such allies' \n self-defense capabilities against retaliation or military \n aggression by Iran.\n (2) A needs-based assessment, or an update to an existing \n needs-based assessment, of the military requirements of Persian \n Gulf allies to support a credible military option and to defend \n against potential military aggression by Iran.\n (3) A detailed summary of any arms sales and training \n requests by Persian Gulf allies and a description and \n justification for United States actions taken.\n (c) Rule of Construction.--Nothing in the plan required under \nsubsection (a) shall be construed to alter Israel's qualitative \nmilitary edge.\n (d) Submission to Congress.--The plan required under subsection (a) \nshall be submitted to the appropriate congressional committees not \nlater than 180 days after the date of the enactment of this Act.\n (e) Form.--The plan required under subsection (a) shall be \nsubmitted in an unclassified form, but may contain a classified annex.\n\nSEC. 7. PLAN TO INCREASE STRATEGIC REGIONAL PARTNERSHIPS.\n\n (a) Findings.--Congress finds the following:\n (1) The United States should ensure that it has the \n broadest set of geographic approaches to militarily access \n Iran.\n (2) United States Armed Forces and support staff currently \n have access from the eastern, southern, and western borders of \n Iran.\n (3) Azerbaijan borders the northern frontier of Iran \n closest to nuclear sites near Tehran and the Government of \n Azerbaijan cooperates with the United States on Caspian Sea \n security and energy issues.\n (b) Policy.--It shall be the policy of the United States to--\n (1) increase pressure on Iran by providing United States \n Armed Forces with the broadest set of geographic approaches to \n militarily access Iran; and\n (2) explore means to enhance access to military facilities \n on the northern border of Iran.\n (c) Plan.--\n (1) In general.--The Secretary of Defense, in consultation \n with the Secretary of State, shall develop a plan to increase \n the strategic partnership with regional allies to provide \n United States Armed Forces with the broadest set of geographic \n approaches to militarily access Iran.\n (2) Matters to be included.--The plan required under \n paragraph (1) shall include the following information:\n (A) Mechanisms to broaden the geographical \n approaches to militarily access Iran.\n (B) The need, if any, to strengthen the self-\n defense capabilities of regional allies as a result of \n such partnerships.\n (C) The viability of increasing access for United \n States Armed Forces to bases in Azerbaijan to augment \n the viability of a credible military option.\n (3) Submission to congress.--The plan required under \n paragraph (1) shall be submitted to the appropriate \n congressional committees not later than 180 days after the date \n of the enactment of this Act.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Appropriations, the Committee \n on Armed Services, and the Committee on Foreign Affairs \n of the House of Representatives; and\n (B) the Committee on Appropriations, the Committee \n on Armed Services, and the Committee on Foreign \n Relations of the Senate.\n (2) Congressional defense committees.--The term \n ``congressional defense committees'' has the meaning given that \n term in section 101(a)(16) of title 10, United States Code.\n (3) Qualitative military edge.--The term ``qualitative \n military edge'' has the meaning given the term in section \n 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).","summary":"Credible Military Option to Counter Iran Act - States that it shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. Expresses the sense of Congress that: (1) US military exercises in the Persian Gulf emphasize US resolve in support of the above policy. And (2) the President should require the US military to develop a comprehensive plan to augment the presence of the US Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other military readiness activities to underscore such policy. Directs the Secretary of Defense to prepare and submit to the congressional defense committees such a plan. Authorizes appropriations to the Department of Defense (DOD) for FY2012-FY2013 to enhance US military capabilities in the Central Command Area of responsibility , including for procurement, research and development, and operation and maintenance. Expresses the sense of Congress in support of specified action to assist in the defense of Israel, including joint missile defense systems, defense articles, intelligence, defense services, and additional weaponry and munitions for the forward-deployed US stockpile in Israel. Directs the President to report to Congress on the status of Israel's qualitative military edge in light of current trends and instability in the region. Directs the Secretary to develop and submit to Congress: (1) a plan to enhance the military capabilities of Persian Gulf allies to bolster their posture in relation to Iran, and (2) a plan to increase the strategic partnership with regional allies to provide US Armed Forces with the broadest set of geographic approaches to militarily access Iran.","title":"To further the preparedness of the United States Armed Forces, in cooperation with regional allies, to prevent the Government of Iran from obtaining a nuclear weapon, and for other purposes.","text_len":19041,"sum_len":1816} {"bill_id":"103_s1031","text":"short title\n\n Sec. 101. This title may be cited as the ``United States \nInformation Agency Authorization Act, Fiscal Years 1994 and 1995''.\n\n authorization of appropriations\n\n Sec. 102. In addition to amounts otherwise available for such \npurposes, there are authorized to be appropriated for the United States \nInformation Agency to carry out international information activities, \nand educational and cultural exchange programs under the United States \nInformation and Educational Exchange Act of 1948, as amended, the \nMutual Educational and Cultural Exchange Act of 1961, as amended, \nReorganization Plan No. 2 of 1977, the Radio Broadcasting to Cuba Act, \nas amended, the Television Broadcasting to Cuba Act, the Inspector \nGeneral Act of 1978, as amended, the Center for Cultural and Technical \nInterchange Between North and South Act, the National Endowment for \nDemocracy Act, as amended, and for other purposes authorized by law.\n (a) For the fiscal year 1994:\n (1) ``Salaries and Expenses,'' $773,024,000;\n (2) ``Educational and Cultural Exchange Programs,'' \n $242,922,000;\n (3) ``Broadcasting to Cuba,'' $28,351,000;\n (4) ``Office of the Inspector General,'' $4,390,000;\n (5) ``East-West Center,'' $26,000,000;\n (6) ``National Endowment for Democracy,'' $50,000,000;\n (7) ``Radio Construction,'' $228,720,000;\n (8) ``Eisenhower Exchange Fellowship Program,'' $300,000;\n (9) ``Israeli Arab Scholarship Program,'' $397,000.\n (b) For the fiscal year 1995:\n (1) ``Salaries and Expenses,'' $800,286,000;\n (2) ``Educational and Cultural Exchange Programs,'' \n $249,238,000;\n (3) ``Broadcasting to Cuba,'' $28,382,000;\n (4) ``Office of the Inspector General,'' $4,396,000;\n (5) ``East-West Center,'' $26,676,000;\n (6) ``National Endowment for Democracy,'' $50,780,000;\n (7) ``Radio Construction,'' $106,271,000;\n (8) ``Eisenhower Fellowship Exchange Programs,'' $308,000; \n and\n (9) ``Israeli Arab Scholarship Program,'' $407,000.\n\n changes in administrative authorities\n\n Sec. 103. Section 801 of the United States Information and \nEducational Exchange Act of 1948 (22 U.S.C. 1471), is amended by \nreplacing the period at the end of subsection ``(6)'' with a semicolon, \nand adding a new subsection ``(7)'' as follows:\n ``(7) notwithstanding any other provision of law, to carry \n out projects involving security construction and related \n improvements for Agency facilities not collocated with \n Department of State facilities abroad.''.\n Sec. 104. Section 804(6) of the United States Information and \nEducational Exchange Act of 1948 (22 U.S.C. 1474(6)), is amended to \nread as follows:\n ``(6) contract with individuals for personal service \n abroad: Provided, That such individuals shall not be regarded \n as employees of the United States Government for the purpose of \n any law administered by the Office of Personnel Management.''.\n Sec. 105. Section 206(b) of the Foreign Relations Authorization \nAct, Fiscal Years 1992 and 1993, Public Law 102-138 (22 U.S.C. 1475g \nnote), is hereby repealed.\n Sec. 106. Subsection (a) of section 501 of the United States \nInformation and Educational Exchange Act of 1948 (22 U.S.C. 1461(a)), \nis hereby amended by deleting the second sentence in said subsection \nand inserting in lieu thereof the following: ``Subject to subsection \n(b) any such information shall not be disseminated within the United \nStates, its territories or possessions, but, on request, shall be made \navailable following its release as information abroad, to \nrepresentatives of United States press associations, newspapers, \nmagazines, radio and television systems and stations, research students \nand scholars, and Members of Congress.''.\n Section 208 of Public Law 99-93 (22 U.S.C. 1461-1a), is amended by \nadding the following sentence at the end of such section: ``Nothing \nherein shall preclude the United States Information Agency from \nreasonably keeping the United States public informed of its operations, \npolicies or programs.''.\n Sec. 107. Section 802(b)(3) of the United States Information and \nEducational Exchange Act of 1948, as amended, (22 U.S.C. 1472(b)(3)) is \namended by adding the following sentence at the end thereof: ``However, \nnotwithstanding this or any other provision in this section, the United \nStates Information Agency is authorized to enter into contracts not to \nexceed seven years for circuit capacity to distribute radio and \ntelevision programs.''.\n Sec. 108. Subsection (f) of section 701 of the United States \nInformation and Educational Exchange Act of 1948 (22 U.S.C. \n1476(f)(4)), is amended as follows:\n (1) in subsection (f)(1) by striking ``, for the second \n fiscal year of any two-year authorization cycle may be \n appropriated for such second fiscal year'' and inserting in its \n place ``for a given fiscal year may be appropriated for such \n year''; and\n (2) by striking subsection ``(f)(4)''.\n Sec. 109. Section 902 of the United States Information and \nEducational Exchange Act of 1948, section 1431 and the following of \ntitle 22, United States Code, is amended by inserting on line one after \nthe word ``any'' the following language: ``international organization \nof which the United States is a member, or''.\n Sec. 110. The Immigration and Nationality Act, as amended, is \namended by adding the following new section after section 216A (8 \nU.S.C. 1186b):\n\n ``conditional permanent resident status for certain united states \n information agency employees\n\n ``Sec. 216B. (a) Conditional Basis for Admission.--Conditional \nimmigrant visas may be issued to employees of the United States \nInformation Agency beginning fiscal year 1994 in a number not to exceed \none hundred per fiscal year. Upon enactment, one hundred and fifty \nadditional visas shall be available to present United States \nInformation Agency employees. Such employees shall be identified by the \nDirector of the United States Information Agency, and, if otherwise \nadmissible, shall be admitted conditionally for a period not to exceed \nfour years. Spouses and dependent children of such employees may also \nbe admitted as conditional permanent residents but shall not be subject \nto numerical limitation.\n ``(b) Removal of Conditional Basis.--Persons admitted under this \nprovision shall be eligible for removal of the conditional basis of \ntheir admission for permanent resident status after three years, upon \ncertification by the Director of the United States Information Agency \nto the Attorney General; the Attorney General shall remove the \nconditional basis of his or her admission, if the alien is otherwise \nadmissible, effective as of the date of such certification.\n ``(c) Termination of the Status.--At any time during such four year \nperiod, the Director of the United States Information Agency may \ncertify to the Attorney General that such conditional status with \nrespect to any alien should be terminated. Upon receipt of such notice, \nthe Attorney General shall terminate such status and the alien and any \nother family members admitted with such alien shall be subject to \ndeportation proceedings. The conditional status of any such alien, \nadmitted under this provision who has not had the conditional basis of \nhis or her admission removed by a date four years after such admission, \nshall be deemed to have been terminated.''.\n Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(27)), is amended by adding a new subsection ``(L)'', as \nfollows:\n ``(L) an immigrant who is employed by the United \n States Information Agency for service in the United \n States, and his or her accompanying spouse and \n children, under conditions set forth in section 216B of \n this Act.''.\n Section 804(1) of the United States Information and Educational \nExchange Act of 1948 (22 U.S.C. 1474(1)), as amended, is amended by \ninserting the words ``or as an immigrant under section 101(a)(27)(L) of \nthat Act (8 U.S.C. 1101(a)(27)(L))'' immediately after the words ``as \nnonimmigrants under section 101(a)(15) of the Immigration and \nNationality Act (8 U.S.C. 1101(a)(15))''.","summary":"United States Information Agency Authorization Act, Fiscal Years 1994 and 1995 - Authorizes appropriations for the US Information Agency (USIA) for FY 1994 and 1995. Amends the United States Information and Educational Exchange Act of 1948 to authorize the USIA Director to: (1) carry out projects involving security construction and related improvements for USIA facilities not collocated with Department of State facilities abroad. And (2) contract with individuals for personal services abroad . Repeals a specified provision of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 which sets limitations on reductions of USIA employees abroad. Provides that nothing shall preclude USIA from keeping the US public informed of its operations, policies, or programs. Authorizes USIA to enter into contracts of up to seven years for circuit capacity to distribute radio and television programs. Permits USIA to receive funds from international organizations of which the United States is a member. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Makes 150 visas available to current employees upon enactment of this Act. Sets forth conditions for the removal of conditional status and for termination of such status. Confers special immigrant status on such individuals.","title":"United States Information Agency Authorization Act, Fiscal Years 1994 and 1995","text_len":8571,"sum_len":1382} {"bill_id":"111_hr4033","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Democracy Index Act of \n2009''.\n\nSEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION \n DATA COLLECTION.\n\n (a) In General.--Subtitle C of title II of the Help America Vote \nAct of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED \n ELECTION DATA COLLECTION.\n\n ``(a) In General.--The Commission, in consultation with the Board \nand in accordance with this section, shall--\n ``(1) develop an American Democracy Index for the \n evaluation of elections for Federal office occurring in 2010 \n and thereafter;\n ``(2) establish and operate a data collection system in \n order to collect and measure election data described in \n subsection (c) to be used in preparing the American Democracy \n Index; and\n ``(3) make the American Democracy Index with respect to \n each election for Federal office generally available to the \n public, including through the Internet.\n ``(b) American Democracy Index.--The American Democracy Index is an \nindex that is designed to assist States in the administration of \nelections for Federal office by presenting the information collected \nunder the system established under subsection (a)(2) on a State-by-\nState basis in a manner designed to demonstrate administration \npractices that--\n ``(1) ensure the right of individuals to vote;\n ``(2) improve the quality of voter access to polls and the \n quality of voter services; and\n ``(3) secure the accuracy and integrity of elections.\n ``(c) Collection of Data.--\n ``(1) Data to be collected.--The Commission shall, in \n consultation with the Board, determine the data that is \n required to be collected under this section in order to analyze \n the effectiveness of the State administration of elections for \n Federal office, including data required for developing or \n refining the American Democracy Index.\n ``(2) Data submission.--\n ``(A) States required to provide data.--Each State \n shall submit to any grantee under subsection (e) the \n information described in paragraph (1) in support of \n the American Democracy Index.\n ``(B) Data submission regulations.--Within 60 days \n after the first meeting of the Board under subsection \n (d)(2)(B)(i), the Commission shall promulgate \n regulations for--\n ``(i) the enforcement of the data \n submission mandate under subparagraph (A); and\n ``(ii) the standardization of election data \n described in paragraph (1).\n ``(C) Statistical analysis.--The Commission may, in \n coordination with a State, select precincts within the \n State on a sample basis from which to draw the \n information described in paragraph (1) in order to form \n statistical conclusions with respect to election \n administration in that State. In forming such \n statistical conclusions, the Office may append the \n information collected from the samples to other \n information provided by the State that was collected \n with respect to elections for Federal office in that \n State.\n ``(D) Payments to states.--In accordance with such \n regulations as the Commission may promulgate, the \n Commission shall make payments to States to assist the \n States in meeting the data submission requirements of \n this paragraph.\n ``(E) Rulemaking authority of commission.--Section \n 209 shall not apply with respect to any regulations \n promulgated by the Commission pursuant to the authority \n of this paragraph.\n ``(d) Independent Board of Advisors.--\n ``(1) In general.--There is hereby established an \n independent Board of Advisors (in this section referred to as \n the `Board') that the Commission shall consult in developing \n and refining the American Democracy Index and the data to be \n collected under subsection (c).\n ``(2) Independent board of advisors.--\n ``(A) Establishment.--The Board--\n ``(i) shall be composed of 8 members from \n individuals from the academic, nonprofit, and \n election administration communities, of whom--\n ``(I) 4 shall be selected by the \n Committee on Rules and Administration \n of the Senate, in consultation with the \n majority and minority leader of the \n Senate; and\n ``(II) 4 shall be selected by the \n Committee on House Administration of \n the House of Representatives, in \n consultation with the Speaker and \n minority leader of the House of \n Representatives; and\n ``(ii) shall be headed by a President \n elected by the members of the Board.\n ``(B) Duties.--The Board shall--\n ``(i) meet at least twice a year, and at \n such other times as are specified by the \n President of the Board; and\n ``(ii) consult with the Commission as \n provided by this section, including making \n periodic recommendations to the Commission on \n the type of election data to be collected from \n States, the method of data collection, the \n enforcement mechanism for the collection of \n election data, the administration of elections \n in general, and other relevant issues as the \n Board sees appropriate.\n ``(e) Establishment and Operation of Index and Data Collection \nSystem.--\n ``(1) Pilot program.--The Commission shall conduct a pilot \n program for elections for Federal office occurring in 2010 \n under which the Commission shall make a grant to 1 or more \n eligible entities to--\n ``(A) to collect election data described in \n subsection (c) in not more than 5 States selected by \n the Board; and\n ``(B) to develop, refine, and publish data \n collection results for each of the States selected \n under subparagraph (A), including a comparison of \n localities in each State based on the data collected.\n ``(2) Initial index for 2012 elections.--Based on the pilot \n project conducted under paragraph (1), the Commission shall \n make a grant to 1 or more eligible entities to--\n ``(A) collect election data described in subsection \n (c) in all States with respect to elections for Federal \n office occurring in 2012; and\n ``(B) prepare and publish the first American \n Democracy Index.\n ``(3) Future elections.--The Commission shall collect data, \n and prepare and publish an American Democracy Index, for each \n Presidential election cycle beginning on or after January 1, \n 2012, with respect to elections for Federal office occurring \n during the Presidential election cycle. In carrying out such \n duties, the Commission shall--\n ``(A) modify the data to be collected and the index \n in accordance with the provisions of this section; and\n ``(B) contract with 1 or more eligible entities to \n carry out all or a portion of such duties.\n ``(f) Reports.--Not later than 9 months after the end of the \nelection cycle for the election for Federal office occurring in 2012 \nand the end of each Presidential election cycle beginning on or after \nJanuary 1, 2012, the Commission shall submit a report to Congress and \nto the chief State elections officials of each State that includes the \nelection data collected under this section, together with any \nrecommendations for--\n ``(1) improving the types of election data that are \n collected and included in the American Democracy Index \n published under this section; and\n ``(2) legislation or administrative action to improve State \n performance in the administration of elections for Federal \n office (as determined based on a State-by-State comparison of \n such election data).\n ``(g) Definitions.--In this section:\n ``(1) Elections for federal office.--The term `elections \n for Federal office' means general elections only for Federal \n office.\n ``(2) Eligible entity.--The term `eligible entity' means \n any nonprofit organization or other organization deemed \n appropriate by the Commission.\n ``(3) Presidential election cycle.--The term `Presidential \n election cycle' means the 4-year period beginning with January \n of the year following an election for the office of President \n of the United States.\n ``(4) State.--The term `State' means each of the 50 States \n and the District of Columbia.\n ``(h) Authorization of Appropriations.--\n ``(1) In general.--There are authorized to be appropriated \n to the Commission such sums as may be necessary to carry out \n the provisions of this section.\n ``(2) Data submission.--There is authorized to be \n appropriated $18,000,000 for each of fiscal years 2011 through \n 2016 to assist the States in complying with the data submission \n requirements of subsection (c)(2)(A).''.\n (b) Conforming Amendment.--The table of contents of the Help \nAmerica Vote Act of 2002 is amended by inserting after the item \nrelating to section 247 the following:\n\n``Sec 248. Establishment of American Democracy Index and related \n election data collection.''.","summary":"American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office. (2) establish and operate a system to collect and measure election data for use in preparing the ADI. And (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote. (2) improve the quality of voter access to polls and the quality of voter services. And (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states. And (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.","title":"To require the Election Assistance Commission to establish an American Democracy Index to measure and improve the quality of voter access to polls and voter services in Federal elections.","text_len":10863,"sum_len":1312} {"bill_id":"110_hr2237","text":"SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES AND DEFENSE \n CONTRACTORS FROM IRAQ.\n\n (a) Commencement of Redeployment.--Not later than 90 days after the \ndate of the enactment of this Act, the Secretary of Defense shall \ncommence the redeployment of units and members of the Armed Forces \ndeployed in Iraq as part of Operation Iraqi Freedom and contractors \noperating in Iraq and funded using amounts appropriated to the \nDepartment of Defense.\n (b) Completion of Redeployment.--The Secretary of Defense shall \ncomplete the redeployment of the Armed Forces and defense contractors \nfrom Iraq within 180 days beginning on the date of the commencement of \nthe redeployment required under subsection (a).\n (c) Prohibition on Use of Funds To Increase Armed Forces Serving in \nIraq.--Funds appropriated or otherwise made available to the Department \nof Defense under any provision of law may not be obligated or expended \nto increase the number of members of the Armed Forces serving in Iraq \nin excess of the number of members serving in Iraq as of January 1, \n2007, unless the increase has been specifically authorized in advance \nby an Act of Congress.\n (d) Authority To Determine Locations Outside of Iraq for \nRedeployment.--Nothing in this section shall be construed to restrict \nthe locations outside of Iraq to which units and members of the Armed \nForces redeployed from Iraq may be transferred, including redeployment \nto an adjacent or nearby country at the invitation of the government of \nthe country or redeployment to bolster military forces deployed in \nAfghanistan as part of Operation Enduring Freedom.\n (e) Authority To Retain Armed Forces in Iraq for Limited \nPurposes.--The Secretary of Defense may retain in Iraq members of the \nArmed Forces for the purpose of providing security for the United \nStates Embassy and other United States diplomatic missions in Iraq; \nprotecting American citizens, including members of the Armed Forces; \nserving in roles consistent with customary diplomatic positions; \nengaging in targeted special actions limited in duration and scope to \nkilling or capturing members of al-Qaeda and other terrorist \norganizations with global reach; and training and equipping members of \nthe Iraqi Security Forces. At the request of the Government of Iraq, \nthe Secretary of Defense may retain in Iraq members of the Army Corps \nof Engineers and defense contractors engaged in reconstruction projects \nin Iraq, to the extent necessary to complete such projects.\n (f) Availability of Funds for Safe and Orderly Redeployment.--\nNotwithstanding any other provision of law, funds appropriated or \notherwise made available in any Act are immediately available for \nobligation and expenditure to plan and execute a safe and orderly \nredeployment of the Armed Forces and defense contractors from Iraq, as \nrequired by this section.\n (g) Transfer of United States Military Facilities in Iraq.--The \nPresident of the United States shall transfer to the Government of Iraq \nall right, title, and interest held by the United States in any \nmilitary facility in Iraq that was constructed, repaired, or improved \nusing amounts appropriated to the Department of Defense and occupied by \na unit of the Armed Forces.\n (h) Prohibition on Use of Funds To Further Deploy United States \nArmed Forces to Iraq.--Beginning on the date of the completion of the \nredeployment of the Armed Forces from Iraq under subsection (b), funds \nappropriated or otherwise made available under any provision of law may \nnot be obligated or expended to further deploy units or members of the \nArmed Forces to Iraq, including through participation in any \nmultinational force in Iraq, except as provided under subsection (e) or \nunless such deployment of units or members of the Armed Forces is \nspecifically authorized in advance by an Act of Congress.\n (i) Assistance to Iraqi Security Forces and Multinational Forces in \nIraq.--Nothing in this section shall be construed to prohibit or \notherwise restrict the use of funds available to the Department of \nDefense for the purpose of providing financial assistance or equipment \nto the Iraqi Security Forces or multinational forces providing security \nor training in Iraq at the request of the Government of Iraq.\n (j) Continuation of Diplomatic, Social, and Economic Reconstruction \nActivities in Iraq.--Nothing in this section shall be construed to \nprohibit or otherwise restrict the use of funds available to any \ndepartment or agency of the United States (other than the Department of \nDefense) to carry out diplomatic, social, and economic reconstruction \nactivities in Iraq at the request of the Government of Iraq.\n (k) Asylum or Other Means of Protection for Iraqi Citizens.--\nNothing in this section shall be construed to prohibit or otherwise \nrestrict the authority of the President to arrange asylum or other \nmeans of protection for Iraqi citizens who might be physically \nendangered by the redeployment of the Armed Forces from Iraq.\n (l) Definition.--In this section, the term ``Armed Forces'' has the \nmeaning given the term in section 101(a)(4) of title 10, United States \nCode.","summary":"Requires the Secretary of Defense: (1) within 90 days after the enactment of this Act, to commence the redeployment of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom and defense contractors operating in Iraq and funded using amounts appropriated to the Department of Defense (DOD). And (2) to complete such redeployment within 180 days after its commencement. Prohibits the use of DOD funds to increase the number of US forces serving in Iraq in excess of the number of US forces serving in Iraq as of January 1, 2007, unless specifically authorized by Congress. Authorizes the Secretary to retain in Iraq US forces for: (1) providing security for embassy and diplomatic missions, (2) protecting American citizens, (3) serving in roles consistent with diplomatic positions. (4) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach. And (5) training and equipping members of the Iraqi Security Forces. Makes funds immediately available to plan and execute a redeployment of US forces and defense contractors from Iraq. Requires the President to transfer to the government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by US forces. Prohibits any funds from being used to further deploy US forces to Iraq after completion of the redeployment, unless specifically authorized by Congress. Prohibits anything in this Act from being construed to: (1) restrict the locations outside of Iraq to which US forces redeployed from Iraq may be transferred. (2) prohibit or otherwise restrict the use of funds available to DOD for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the government of Iraq. (3) prohibit or otherwise restrict the use of funds available to any department or agency of the United States to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the government of Iraq. And (4) prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of US forces from Iraq.","title":"To provide for the redeployment of United States Armed Forces and defense contractors from Iraq.","text_len":5200,"sum_len":2423} {"bill_id":"112_hr2060","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Central Oregon Jobs and Water \nSecurity Act''.\n\nSEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.\n\n Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C. \n1274(a)(72)) is amended as follows:\n (1) By striking ``15-mile'' and inserting ``14.75-mile''.\n (2) In subparagraph (B)--\n (A) by striking ``8-mile'' and all that follows \n through ``Bowman Dam'' and inserting ``7.75-mile \n segment from a point one-quarter mile downstream from \n the toe of Bowman Dam''; and\n (B) by adding at the end the following: ``The \n developer for any hydropower development, including \n turbines and appurtenant facilities, at Bowman Dam, in \n consultation with the Bureau of Land Management, shall \n analyze any impacts to the Outstandingly Remarkable \n Values of the Wild and Scenic River that may be caused \n by such development, including the future need to \n undertake routine and emergency repairs, and shall \n propose mitigation for any impacts as part of any \n license application submitted to the Federal Energy \n Regulatory Commission.''.\n\nSEC. 3. CITY OF PRINEVILLE WATER SUPPLY.\n\n Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended \nby the Acts of September 14, 1959 (73 Stat. 554), and September 18, \n1964 (78 Stat. 954)) is further amended as follows:\n (1) By striking ``ten cubic feet'' the first place it \n appears and inserting ``17 cubic feet''.\n (2) By striking ``during those months when there is no \n other discharge therefrom, but this release may be reduced for \n brief temporary periods by the Secretary whenever he may find \n that release of the full ten cubic feet per second is harmful \n to the primary purpose of the project''.\n (3) By adding at the end the following: ``Without further \n action by the Secretary, and as determined necessary for any \n given year by the City of Prineville, up to seven of the 17 \n cubic feet per second minimum release shall also serve as \n mitigation for City of Prineville groundwater pumping, pursuant \n to and in a manner consistent with Oregon State law, including \n any shaping of the release of the up to seven cubic feet per \n second to coincide with City of Prineville groundwater pumping \n as may be required by the State of Oregon. As such, the \n Secretary is authorized to make applications to the State of \n Oregon in conjunction with the City to protect these supplies \n instream. The City shall make payment to the Secretary for that \n portion of the minimum release that actually serves as \n mitigation pursuant to Oregon State law for the City in any \n given year, with the payment for any given year equal to the \n amount of mitigation in acre feet required to offset actual \n City groundwater pumping for that year in accordance with \n Reclamation `Water and Related Contract and Repayment \n Principles and Requirements', Reclamation Manual Directives and \n Standards PEC 05-01, dated 09\/12\/2006, and guided by `Economic \n and Environmental Principles and Guidelines for Water and \n Related Land Resources Implementation Studies', dated March 10, \n 1983. The Secretary is authorized to contract exclusively with \n the City for additional amounts in the future at the request of \n the City.''.\n\nSEC. 4. FIRST FILL PROTECTION.\n\n The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts \nof September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. \n954), is further amended by adding at the end the following:\n ``Sec. 6. Other than the 17 cubic feet per second release provided \nfor in section 4, and subject to compliance with the Army Corps of \nEngineers' flood curve requirements, the Secretary shall, on a `first \nfill' priority basis, store in and release from Prineville Reservoir, \nwhether from carryover, infill, or a combination thereof, the \nfollowing:\n ``(1) 68,273 acre feet of water annually to fulfill all 16 \n Bureau of Reclamation contracts existing as of January 1, 2011, \n and up to 2,740 acre feet of water annually to supply the McKay \n Creek lands as provided for in section 5 of this Act.\n ``(2) Not more than 10,000 acre feet of water annually, to \n be made available to the North Unit Irrigation District \n pursuant to a Temporary Water Service Contract, upon the \n request of the North Unit Irrigation District, consistent with \n the same terms and conditions as prior such contracts between \n the District and the Bureau of Reclamation.\n ``Sec. 7. Except as otherwise provided in this Act, nothing in \nthis Act--\n ``(1) modifies contractual rights that may exist between \n contractors and the United States under Reclamation contracts;\n ``(2) amends or reopens contracts referred to in paragraph \n (1); or\n ``(3) modifies any rights, obligations, or requirements \n that may be provided or governed by Oregon State law.''.\n\nSEC. 5. OCHOCO IRRIGATION DISTRICT.\n\n (a) Early Repayment.--Notwithstanding section 213 of the \nReclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within \nOchoco Irrigation District in Oregon, may repay, at any time, the \nconstruction costs of the project facilities allocated to that \nlandowner's lands within the district. Upon discharge, in full, of the \nobligation for repayment of the construction costs allocated to all \nlands the landowner owns in the district, those lands shall not be \nsubject to the ownership and full-cost pricing limitations of the Act \nof June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and \namendatory of that Act, including the Reclamation Reform Act of 1982 \n(43 U.S.C. 390aa et seq.).\n (b) Certification.--Upon the request of a landowner who has repaid, \nin full, the construction costs of the project facilities allocated to \nthat landowner's lands owned within the district, the Secretary of the \nInterior shall provide the certification provided for in subsection \n(b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. \n390mm(b)(1)).\n (c) Contract Amendment.--On approval of the district directors and \nnotwithstanding project authorizing legislation to the contrary, the \ndistrict's reclamation contracts are modified, without further action \nby the Secretary of the Interior, to--\n (1) authorize the use of water for instream purposes, \n including fish or wildlife purposes, in order for the district \n to engage in, or take advantage of, conserved water projects \n and temporary instream leasing as authorized by Oregon State \n law;\n (2) include within the district boundary approximately \n 2,742 acres in the vicinity of McKay Creek, resulting in a \n total of approximately 44,937 acres within the district \n boundary;\n (3) classify as irrigable approximately 685 acres within \n the approximately 2,742 acres of included lands in the vicinity \n of McKay Creek, where the approximately 685 acres are \n authorized to receive irrigation water pursuant to water rights \n issued by the State of Oregon and have in the past received \n water pursuant to such State water rights; and\n (4) provide the district with stored water from Prineville \n Reservoir for purposes of supplying up to the approximately 685 \n acres of lands added within the district boundary and \n classified as irrigable under paragraphs (2) and (3), with such \n stored water to be supplied on an acre-per-acre basis \n contingent on the transfer of existing appurtenant McKay Creek \n water rights to instream use and the State's issuance of water \n rights for the use of stored water.\n (d) Limitation.--Except as otherwise provided in subsections (a) \nand (c), nothing in this section shall be construed to--\n (1) modify contractual rights that may exist between the \n district and the United States under the district's Reclamation \n contracts;\n (2) amend or reopen the contracts referred to in paragraph \n (1); or\n (3) modify any rights, obligations or relationships that \n may exist between the district and its landowners as may be \n provided or governed by Oregon State law.\n\n Passed the House of Representatives June 5, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Central Oregon Jobs and Water Security Act - Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the developer for any hydropower development at Bowman Dam to analyze any impacts to the Outstanding Remarkable Values of the Wild and Scenic River that may be caused by such development and propose mitigation for such impacts as part of any license application submitted to the Federal Energy Regulatory Commission (FERC). Increases the minimum release that shall be maintained from the Prineville Reservoir for the benefit of downstream fish life. Requires 7 of the 17 cubic feet per second release to serve as mitigation for the city of Prineville groundwater pumping, as determined necessary for any given year by the city, including any shaping of the release of the up to 7 cubic feet per second to coincide with the city's groundwater pumping as may be required by the state of Oregon. Authorizes the Secretary of the Army to make applications to that state in conjunction with that city to protect these supplies instream. Directs the city to make payment to the Secretary for that portion of the minimum release that actually serves as mitigation under Oregon law. Authorizes the Secretary to contract exclusively with the city for additional amounts in the future at the city's request. Directs the Secretary, on a first fill priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011. (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands. And (3) up to 10,000 acre feet of water annually to the North Unit Irrigation District, upon request, pursuant to a Temporary Water Service Contract. Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts, on approval of the District directors, to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law. (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, (3) classify approximately 685 of such acres as irrigable. And (4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the state's issuance of water rights for the use of stored water.","title":"To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes.","text_len":9057,"sum_len":2868} {"bill_id":"104_hr1737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Spaceport Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) spaceport development is a national economic interest \n that should be pursued as part of a national transportation \n policy;\n (2) many nations around the world, including France, China, \n Russia, Japan, Canada, and Australia, have embarked on \n aggressive commercial space development programs;\n (3) the United States, once the leader in the commercial \n space market, is in danger of falling behind in the \n international commercial space market;\n (4) the Government must clearly demonstrate its commitment \n to support commercial space activity in America, thereby \n encouraging greater financial support from private industry;\n (5) the United States must develop a long-term, \n comprehensive, and aggressive policy to successfully compete in \n the international commercial space market, to return the United \n States to its position of primary world supplier of launch \n services; and\n (6) spaceport development is the key component in this \n endeavor because it provides the final piece--launch \n facilities--to the existing parts of the United States \n commercial space market.\n\nSEC. 3. DEFINITION.\n\n For purposes of this Act, the term ``spaceport'' means a space \nlaunch or recovery facility, or a supporting educational or research \nfacility providing space industry worker training or commercial \napplication research, designated by a State in an application approved \nunder section 5.\n\nSEC. 4. NATIONAL SPACEPORT OFFICE.\n\n (a) Establishment.--There is established within the Department of \nTransportation a National Spaceport Office.\n (b) Staff.--The National Spaceport Office shall have a staff \nconsisting of a director, 4 regional supervisors, and not more than 5 \nadditional support staff.\n (c) Duties.--The National Spaceport Office shall--\n (1) administer the application and assistance program under \n section 5; and\n (2) establish appropriate procedures for--\n (A) the competitive awarding of grants under \n section 5(b)(1); and\n (B) the transfer of excess Federal property to \n spaceports under section 5(b)(3), while ensuring that \n the spaceport compensates the Federal Government for \n the Federal expenses of operating facilities in \n connection with property so transferred.\nSEC. 5. SPACEPORT ASSISTANCE.\n\n (a) Application.--A State or State-designated entity, including a \nnonprofit organization, desiring assistance under this section shall \nsubmit an application to the National Spaceport Office requesting \nspecifically the Federal assistance sought and setting forth a \ncomprehensive plan for spaceport development, including the educational \ncomponents of such development.\n (b) Assistance.--The National Spaceport Office shall approve \nmeritorious applications submitted under subsection (a) and provide to \nthe successful applicants assistance, including--\n (1) grants, to the extent of available funding under \n section 9;\n (2) the use of excess Federal launch, recovery, launch \n vehicle, and support assets, consistent with applicable \n international agreements, for educational launches; and\n (3) excess Federal property, including research facilities, \n by transfer.\n\nSEC. 6. TAX-EXEMPT BOND FINANCING FOR SPACEPORTS.\n\n (a) In General.--Subsection (a) of section 142 of the Internal \nRevenue Code of 1986 (relating to exempt facility bonds) is amended by \nstriking ``or'' at the end of paragraph (11), by striking the period at \nthe end of paragraph (12) and inserting ``, or'', and by adding at the \nend the following:\n ``(13) spaceports (as defined in section 3 of the National \n Spaceport Act).''\n (b) Treatment Comparable To Airports.--\n (1) Subparagraph (A) of section 142(b)(1) of such Code is \n amended by striking ``or (12)'' and inserting ``(12), or \n (13)''.\n (2) Subsection (c) of section 142 of such Code is amended \n by striking ``or (11)'' each place it appears and inserting \n ``(11), or (13)''.\n (3) Paragraph (3) of section 146(g) of such Code is amended \n by striking ``or (12)'' and all that follows and inserting \n ``(12), or (13) of section 142(a), and''.\n (c) Treatment of Property Owned By Designated Tax-Exempt \nEntities.--Paragraph (1) of section 142(b) of such Code is amended by \nadding at the end the following new subparagraph:\n ``(C) Spaceport facilities owned by designated tax-\n exempt entities.--For purposes of subparagraph (A), a \n spaceport shall be treated as owned by a governmental \n unit if it is owned by an entity which is exempt from \n tax under section 501(a) and which is designated by the \n State in which the spaceport is located to develop and \n operate the spaceport.''\n (d) Effective Date.--The amendments made by this section shall \napply to obligations issued after the date of the enactment of this \nAct.\n\nSEC. 7. APPLICABILITY OF OTHER LAW.\n\n Except as otherwise provided in this Act, activities of spaceports \nshall be subject to applicable provisions of chapter 701 of title 49, \nUnited States Code, relating to commercial space transportation.\n\nSEC. 8. REGULATORY EXEMPTION.\n\n The activities of the National Spaceport Office and of spaceports \nshall not be subject to regulation by the Federal Government except as \nprovided in--\n (1) this Act;\n (2) chapter 701 of title 49, United States Code; and\n (3) applicable laws relating to worker and workplace \n safety.\n\nSEC. 9. ANNUAL REPORT.\n\n The director of the National Spaceport Office shall annually \ntransmit to the Congress a report on its activities under this Act.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nTransportation, out of the Airport and Airway Trust Fund established \nunder section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. \n9502), for carrying out this Act $20,000,000 for each of the fiscal \nyears 1996 through 2000.\n\nSEC. 11. TERMINATION OF NATIONAL SPACEPORT OFFICE.\n\n The National Spaceport Office shall terminate on October 1, 2000.","summary":"National Spaceport Act - Establishes in the Department of Transportation a National Spaceport Office to administer a grant program of State-run spaceports. Amends the Internal Revenue Code to provide tax-exempt bond financing for spaceports. Authorizes appropriations. Terminates the Office on October 1, 2000.","title":"National Spaceport Act","text_len":6672,"sum_len":310} {"bill_id":"107_s2647","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access for Afghan Women Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Despite the removal of the Taliban from power, Afghan \n women continue to experience brutal violation of their human \n rights, generally outside of Kabul where warlords are \n reexerting control.\n (2) Strong and continued United States support can ensure \n that the advances made by Afghan women since the fall of the \n Taliban will continue and grow, rather than recede.\n (3) The United States has made a substantial contribution \n to the emergency relief and humanitarian efforts for \n Afghanistan. Completing the United States mission in \n Afghanistan will also require significant and long-term \n investments in development and reconstruction assistance.\n (4) The maternal mortality rate in Afghanistan is one of \n the highest in the world, with recent reports estimating that \n every 30 minutes an Afghan women dies (about 15,000 women every \n year) of pregnancy related causes. The estimated maternal \n mortality rate of 1,700 deaths per 100,000 live births can be \n significantly and rapidly reduced through access to primary \n health care services, including safe birthing supplies, \n emergency obstetric care, prenatal and postnatal care, \n contraception, and prevention and treatment for the effects of \n sexual coercion and rape.\n (5) Women make up 75 percent or more of the refugees and \n internally displaced in camps, urban areas, and villages.\n (6) Eighty-five percent of Afghanistan's population lives \n in rural areas. The women in rural areas perform vital roles in \n food production, processing, and preparation. Successful \n reconstruction and development assistance must target rural \n women as part of any agricultural interventions.\n (7) Within Afghanistan and outside of Afghanistan, local \n women's organizations are delivering critical services and have \n the knowledge and experience to assist the United States in \n delivering effective relief aid.\n (8) The Afghan Ministry for Women's Affairs is an important \n new ministry that is essential for re-establishing women's \n human rights, ensuring that women are included in all \n development efforts, and delivering critical legal, health, \n education, and economic services to women throughout \n Afghanistan's 30 provinces.\n (9) Afghan women are taking the initiative to reach across \n the conflict divide and foster peace. Women's perspectives and \n experiences in seeking solutions to conflicts are necessary to \n ensure lasting peace.\n (10) Adequate security in both urban and rural areas is \n essential if women and girls are to exercise their human \n rights, work, attend school, and otherwise participate in and \n benefit from humanitarian and development programs sponsored by \n the United States.\n\nSEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN \n AFGHANISTAN.\n\n (a) In General.--Activities described in subsections (b) through \n(e) that are carried out by the United States in Afghanistan shall \ncomply with the applicable requirements contained in such subsections.\n (b) Governance of Afghanistan.--With respect to the governance of \nAfghanistan, the applicable requirements are the following:\n (1) Include the perspectives and advice of Afghan women's \n organizations, networks, and leaders in United States \n policymaking related to the governance of Afghanistan.\n (2) Promote the inclusion of a significant number of women \n in the Loya Jirga and future legislative bodies to ensure that \n women's full range of human rights are included and upheld in \n any constitution or legal structures of Afghanistan.\n (3) Promote the continuation and strengthening of the \n Ministry for Women's Affairs as the Afghan Government \n transitions to a long-term government structure, and encourage \n the appointment of women to high level positions within Afghan \n ministries.\n (c) Post-Conflict Reconstruction and Development.--With respect to \nactivities relating to post-conflict stability in Afghanistan, the \napplicable requirements are the following:\n (1) Ensure that a significant portion of United States \n development, humanitarian, and relief assistance is channeled \n to local and United States-based Afghan organizations, \n particularly Afghan women's organizations. Provide technical \n assistance, training, and capacity-building for local \n organizations to ensure that United States funded efforts will \n be both effective and sustainable.\n (2) Encourage United States organizations that receive \n funds authorized by this Act to partner with or create Afghan-\n led counterpart organizations and provide these organizations \n with significant financial resources, technical assistance, and \n capacity building.\n (3) Provide direct financial and programmatic assistance to \n the Ministry of Women's Affairs adequate to ensure that the \n Ministry is able to fulfill its mandate.\n (4) Promote multiyear women-centered economic development \n programs, including programs to assist widows, female heads of \n household, women in rural areas, and disabled women.\n (5) Increase women's access to or ownership of productive \n assets such as land, water, agricultural inputs, credit, and \n property.\n (6) Provide long-term financial assistance for primary, \n secondary, higher, nontraditional, and vocational education for \n Afghan girls, women, boys, and men.\n (7) Provide financial assistance to build the health \n infrastructure and to deliver high-quality comprehensive health \n care programs, including primary, maternal, child, \n reproductive, and mental health care.\n (8) Integrate education and training programs for former \n combatants with economic development programs to encourage \n their reintegration into society and to promote post-conflict \n stability.\n (9) Provide assistance to rehabilitate children affected by \n the conflict, particularly child soldiers.\n (10) Support educational efforts to increase awareness with \n respect to landmines, facilitate the removal of landmines, and \n provide services to individuals with disabilities caused by \n landmines.\n (11) Include programs to prevent trafficking in persons, \n assist victims, and apprehend and prosecute traffickers in \n persons.\n (d) Afghan Military and Police.--With respect to training for \nmilitary and police forces in Afghanistan, the applicable requirements \nare the following:\n (1) Include training on the protection, rights, and the \n particular needs of women and emphasize that violations of \n women's rights are intolerable and should be prosecuted.\n (2) Encourage such trainers who will carry out the \n activities in paragraph (1) to consult with women's \n organizations in Afghanistan to ensure that training content \n and materials are adequate, appropriate, and comprehensive.\n (e) Relief, Resettlement, and Repatriation of Refugees and the \nInternally Displaced.--With respect to the relief, resettlement, and \nrepatriation of refugees and internally displaced in Afghanistan, the \napplicable requirements are the following:\n (1) Take all necessary steps to ensure that women refugees \n and internally displaced in camps, urban areas, and villages \n are directly receiving food aid, shelter, relief supplies, and \n other services from United States-sponsored programs.\n (2) Take all necessary steps to ensure that women refugees \n in camps, urban areas, and villages are accessing high-quality \n health and medical services, including primary, maternal, \n child, and mental health services.\n (3) Take all necessary steps to ensure that women and \n children in refugee camps are protected from sexual \n exploitation.\n (4) Take all necessary steps to ensure refugees and \n internally displaced persons that seek to return to their place \n of origin can do so voluntarily, safely, and with the full \n protection of their rights. United States-sponsored efforts \n shall not coerce refugees or internally displaced persons to \n return to their places of origin.\n\nSEC. 4. REPORTING REQUIREMENTS.\n\n Not later than 60 days after the date of enactment of this Act, and \nannually thereafter, the President shall prepare and transmit to \nCongress a report that contains documentation of the progress in \nimplementing the requirements of section 3. All data shall be \ndisaggregated by sex.","summary":"Access for Afghan Women Act - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan women, including: (1) incorporating the perspectives and advice of Afghan women's organizations and leaders in US policymaking related to the governance of Afghanistan. (2) promoting the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's human rights are included in any constitution for Afghanistan. (3) ensuring a significant portion of US assistance is channeled to local and US-based Afghan organizations, particularly Afghan women's organizations, and to high-quality comprehensive health care programs and education and training programs in Afghanistan. (4) training on the protection, rights, and the particular needs of women with respect to training for military and police forces in Afghanistan. And (5) ensuring that women refugees and those internally displaced in camps, urban areas, and villages are receiving food aid, health and medical services, and are free from sexual exploitation.","title":"A bill to require that activities carried out by the United States in Afghanistan relating to governance, reconstruction and development, and refugee relief and assistance will support the basic human rights of women and women's participation and leadership in these areas.","text_len":9349,"sum_len":1106} {"bill_id":"111_hr3330","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improved Oversight by Financial \nInspectors General Act of 2009''.\n\nSEC. 2. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES \n TO THE DEPOSIT INSURANCE FUND FOR PURPOSES OF INSPECTORS \n GENERAL REVIEWS.\n\n (a) In General.--Section 38(k) of the Federal Deposit Insurance Act \n(U.S.C. 1831o(k)) is amended--\n (1) in paragraph (2), by striking subparagraph (B) and \n inserting the following new subparagraph:\n ``(B) Material loss defined.--The term `material \n loss' means any estimated loss in excess of \n $200,000,000, occurring after March 31, 2009.'';\n (2) in that portion of paragraph (4)(A) that precedes \n clause (i), by striking ``the report'' and inserting ``any \n reports under this subsection on losses'';\n (3) by striking paragraph (6);\n (4) by redesignating paragraph (5) as paragraph (6); and\n (5) by inserting after paragraph (4) the following new \n paragraph:\n ``(5) Losses that are not material.--\n ``(A) Semiannual report.--For the 6-month period \n ending on September 30, 2009, and each 6-month period \n thereafter, the Inspector General of each Federal \n banking agency shall--\n ``(i) identify losses estimated to be \n incurred by the Deposit Insurance Fund during \n that 6-month period with respect to insured \n depository institutions supervised by such \n Federal banking agency;\n ``(ii) for each loss to the Deposit \n Insurance Fund (as a loss to such Fund is \n defined in paragraph (2)(A)) that is not a \n material loss, determine the grounds identified \n by the Federal banking agency or State bank \n supervisor under section 11(c)(5) for \n appointing the Corporation as receiver and \n whether any unusual circumstances exist that \n might warrant an in-depth review of the loss; \n and\n ``(iii) prepare a written report to the \n appropriate Federal banking agency and for the \n Congress on the results of the Inspector \n General's determinations, including--\n ``(I) the identity of any loss that \n warrants an in-depth review and the \n reasons why such review is warranted, \n or if the Inspector General determines \n that no review is warranted, an \n explanation of such determination; and\n ``(II) for each loss identified in \n subclause (I) that warrants an in-depth \n review, a date by which such review, \n and a report on the review prepared in \n a manner consistent with reports under \n paragraph (1)(A), will be completed.\n ``(B) Deadline for semiannual report.--The \n Inspector General of each Federal banking agency \n shall--\n ``(i) comply with the semiannual report \n requirements of paragraph (A) expeditiously, \n and in any event within 90 days after the end \n of the 6-month period covered by the report; \n and\n ``(ii) provide a copy of the report to any \n Member of Congress upon request.''.\n (b) Technical and Conforming Amendment.--The heading for subsection \n(k) of section 38 of the Federal Deposit Insurance Act (U.S.C. \n1831o(k)) is amended--\n (1) by striking ``Review'' and inserting ``Reviews''; and\n (2) by striking ``Material Loss'' and inserting ``Losses''.\n\nSEC. 3. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES \n TO THE NATIONAL CREDIT UNION SHARE INSURANCE FUND FOR \n PURPOSES OF INSPECTORS GENERAL REVIEWS.\n\n (a) In General.--Subsection (j) of section 216 of the Federal \nCredit Union Act (12 U.S.C. 1790d(j)) is amended to read as follows:\n ``(j) Reviews Required When Share Insurance Fund Experiences \nLosses.--\n ``(1) In general.--If the Fund incurs a material loss with \n respect to an insured credit union, the inspector general of \n the Board shall--\n ``(A) make a written report to the Board reviewing \n the Administration's supervision of the credit union \n (including the Administration's implementation of this \n section), which shall--\n ``(i) ascertain why the credit union's \n problems resulted in a material loss to the \n Fund; and\n ``(ii) make recommendations for preventing \n any such loss in the future; and\n ``(B) provide a copy of the report to--\n ``(i) the Comptroller General of the United \n States; (ii) the Corporation (if the agency is \n not the Corporation);\n ``(ii) in the case of a State credit union, \n the appropriate State supervisor; and\n ``(iii) upon request by any Member of \n Congress, to that Member.\n ``(2) Material loss defined.--For purposes of determining \n whether the Fund has incurred a material loss with respect to \n an insured credit union, a loss is material if it exceeds the \n sum of--\n ``(A) $25,000,000; and\n ``(B) an amount equal to 10 percent of the total \n assets of the credit union at the time at which the \n Board initiated assistance under section 1788 of this \n title or was appointed liquidating agent.\n ``(3) Public disclosure required.--\n ``(A) In general.--The Board shall disclose a \n report under this subsection upon request under section \n 552 of title 5 without excising--\n ``(i) any portion under section 552(b)(5) \n of that title; or\n ``(ii) any information about the insured \n credit union (other than trade secrets) or \n paragraph (8) of section 552(b) of that title.\n ``(B) Exception.--Subparagraph (A) shall not be \n construed as requiring the agency to disclose the name \n of any customer of the insured credit union (other than \n an institution-affiliated party), or information from \n which such a person's identity could reasonably be \n ascertained.\n ``(4) Losses that are not material.--\n ``(A) Semiannual report.--For the 6-month period \n ending on September 30, 2009, and each 6-month period \n thereafter, the Inspector General of the Board shall--\n ``(i) identify losses estimated to be \n incurred by the Fund during that 6-month period \n with respect to insured credit unions;\n ``(ii) for each loss to the Fund that is \n not a material loss, determine the grounds \n identified by the Board or the State official \n having jurisdiction over a State credit union \n for appointing the Board the liquidating agent \n for any Federal or State credit union and \n whether any unusual circumstances exist that \n might warrant an in-depth review of the loss; \n and\n ``(iii) prepare a written report to the \n Board and for the Congress on the results of \n the Inspector General's determinations, \n including--\n ``(I) the identity of any loss that \n warrants an in-depth review and the \n reasons why such review is warranted, \n or if the Inspector General determines \n that no review is warranted, an \n explanation of such determination; and\n ``(II) for each loss identified in \n subclause (I) that warrants an in-depth \n review, a date by which such review, \n and a report on the review prepared in \n a manner consistent with reports under \n paragraph (1)(A), will be completed.\n ``(B) Deadline for semiannual report.--The \n Inspector General of the Board shall--\n ``(i) comply with the semiannual report \n requirements of paragraph (A) expeditiously, \n and in any event within 90 days after the end \n of the 6-month period covered by the report; \n and\n ``(ii) provide a copy of the report to any \n Member of Congress upon request.\n ``(5) GAO review.--The Comptroller General of the United \n States shall, under such conditions as the Comptroller General \n determines to be appropriate, review reports made under \n paragraph (1), including the extent to which the Inspector \n General of the Board complied with section 8L of the Inspector \n General Act of 1978 with respect to each such report, and \n recommend improvements in the supervision of insured credit \n unions (including the implementation of this section).''.\n\n Passed the House of Representatives July 29, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Improved Oversight by Financial Inspectors General Act of 2009 - Amends the Federal Deposit Insurance Act (FDIA) to revise the meaning of material loss to repeal its definition as an amount exceeding the greater of $25 million or 2 of the institution's total assets at the time the Federal Deposit Insurance Corporation (FDIC) initiated assistance or was appointed receiver. Counts as a material loss any estimated loss in excess of $200 million occurring after March 31, 2009. Requires the Inspector General (IG) of each federal banking agency to report semiannually to the appropriate federal agency and to Congress regarding: (1) losses estimated to be incurred by the Deposit Insurance Fund (DIF) with respect to insured depository institutions the agency supervises. (2) each loss that is not a material loss, the grounds for appointing the FDIC as receiver, and whether any unusual circumstances exist that might warrant an in-depth review of the loss. And (3) the results of the IG's determinations. Amends the Federal Credit Union Act (FCUA) to require the IG of the National Credit Union Administration (NCUA) to report to the NCUA Board about any material loss to the National Credit Union Share Insurance Fund (NCUSIF) with respect to an insured credit union regarding: (1) why the credit union's problems resulted in a material loss to the NCUSIF. And (2) how such loss may be prevented in the future. Revises the definition of material loss to the NCUSIF, currently an amount exceeding the sum of $10 million and 10 of the credit union's total assets at the time the NCUA Board initiated assistance or was appointed liquidating agent. Increases the $10 million to $25 million. Requires the IG of the NCUA Board to report semiannually to the Board and Congress regarding: (1) losses estimated to be incurred by the NCUSIF with respect to insured credit unions. (2) each loss that is not a material loss, the grounds for appointing the NCUA Board as liquidating agent for any federal or state credit union, and whether any unusual circumstances exist that might warrant an in-depth review of the loss. And (3) the results of the IG's determinations. Instructs the Comptroller General to: (1) review reports regarding material losses to the NCUSIF, and (2) make recommendations for improvements in the supervision of insured credit unions.","title":"To amend the Federal Deposit Insurance Act and the Federal Credit Union Act to provide more effective reviews of losses in the Deposit Insurance Fund and the Share Insurance Fund by the Inspectors General of the several Federal banking agencies and the National Credit Union Administration Board, and for other purposes.","text_len":10971,"sum_len":2349} {"bill_id":"103_hr1825","text":"SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVIDUALS WITH \n DISABILITIES.\n\n (a) In General.--Chapter 1 of title 23, United State Code, is \namended by adding at the end the following new section:\n``Sec. 161. Parking privileges for certain individuals with \n disabilities\n ``(a) In General.--\n ``(1) Privileges granted to qualified motor vehicles.--\n Subject to subsection (b), each State, and each political \n subdivision of a State, shall extend the same parking \n privileges to qualified motor vehicles from other States as it \n grants to qualified motor vehicles designated under the laws of \n such State or political subdivision.\n ``(2) Qualified motor vehicle.--A qualified motor vehicle, \n referred to in paragraph (1), is a motor vehicle designated \n under the laws of any State, or any political subdivision of a \n State, for transporting an individual with a disability that \n limits or impairs the ability of the individual to walk.\n ``(b) Withholding of Funds for Noncompliance.--\n ``(1) First year.--The Secretary shall withhold 5 percent \n of the amount required to be apportioned to any State under \n each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) \n on the 1st day of the 1st fiscal year succeeding fiscal year \n 1995 in which the State, or any political subdivision of the \n State, is not in compliance with subsection (a)(1).\n ``(2) Subsequent years.--If the Secretary withholds funds \n from any State under paragraph (1) for any fiscal year and the \n State, or any political subdivision of the State, is not in \n compliance with subsection (a)(1) in any subsequent fiscal \n year, then the Secretary shall withhold 10 percent of the \n amount required to be apportioned to the State under each of \n sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the \n 1st day of such subsequent fiscal year.\n ``(c) Period of Availability; Effect of Compliance and \nNoncompliance.--\n ``(1) Period of availability of withheld funds.--\n ``(A) Funds withheld on or before september 30, \n 1997.--Any funds withheld under this section from \n apportionment to any State on or before September 30, \n 1997, shall remain available for apportionment to the \n State as follows:\n ``(i) Funds apportioned under section \n 104(b)(5)(a).--If the funds would have been \n apportioned under section 104(b)(5)(A) but for \n this section, the funds shall remain available \n until the end of the fiscal year for which the \n funds are authorized to be appropriated.\n ``(ii) Funds apportioned under section \n 104(b)(5)(b).--If the funds would have been \n apportioned under section 104(b)(5)(B) but for \n this section, the funds shall remain available \n until the end of the 2d fiscal year following \n the fiscal year for which the funds are \n authorized to be appropriated.\n ``(iii) Funds apportioned under section \n 104(b)(1), 104(b)(2), or 104(b)(6).--If the \n funds would have been apportioned under section \n 104(b)(1), 104(b)(2), or 104(b)(6) but for this \n section, the funds shall remain available until \n the end of the 3d fiscal year following the \n fiscal year for which the funds are authorized \n to be appropriated.\n ``(B) Funds withheld after september 30, 1997.--No \n funds withheld under this section from apportionment to \n any State after September 30, 1997, shall be available \n for apportionment to the State.\n ``(2) Apportionment of withheld funds after compliance.--\n If, before the last day of the period for which funds withheld \n from apportionment under this section are to remain available \n for apportionment to a State under paragraph (1)(A), the State \n and all political subdivisions of the State are in compliance \n with subsection (a)(1), then the Secretary shall, on the day \n following the last day of the period, apportion to the State \n the withheld funds remaining available for apportionment to the \n State.\n ``(3) Period of availability of subsequently apportioned \n funds.--\n ``(A) Availability of funds.--Any funds apportioned \n pursuant to paragraph (2) shall remain available for \n expenditure as follows:\n ``(i) Funds apportioned under section \n 104(b)(5)(a).--Funds apportioned under section \n 104(b)(5)(A) shall remain available until the \n end of the fiscal year succeeding the fiscal \n year in which the funds are apportioned.\n ``(ii) Funds apportioned under section \n 104(b)(1), 104(b)(2), 104(b)(5)(b), or \n 104(b)(6).--Funds apportioned under section \n 104(b)(1), 104(b)(2), 104(b)(5)(B), or \n 104(b)(6) shall remain available until the end \n of the 3d fiscal year succeeding the fiscal \n year in which the funds are apportioned.\n ``(B) Lapse of funds.--Funds not obligated at the \n end of the period shall lapse or, in the case of funds \n apportioned under section 104(b)(5), shall lapse and be \n made available by the Secretary for projects in \n accordance with section 118(b).\n ``(4) Effect of noncompliance.--If, at the end of the \n period for which funds withheld from apportionment under this \n section are available for apportionment to a State under \n paragraph (1), the State or any political subdivision of the \n State is not in compliance with subsection (a)(1), then the \n funds shall lapse or, in the case of funds withheld from \n apportionment under section 104(b)(5), the funds shall lapse \n and be made available by the Secretary for projects in \n accordance with section 118(b).\n ``(d) Definitions.--For the purposes of this section:\n ``(1) Motor vehicle.--The term `motor vehicle' has the \n meaning given such term in section 154.\n ``(2) State.--The term `State' means any entity that \n receives apportionments under section 104.''.\n (b) Conforming Amendment.--The analysis for chapter 1 of title 23, \nUnited States Code, is amended by adding at the end the following new \nitem:\n\n``161. Parking privileges for certain individuals with disabilities.''.","summary":"Requires each State to extend the parking privileges it grants to motor vehicles designated for transporting an individual with a disability that limits or impairs such individual's ability to walk to such vehicles from other States. Directs the Secretary of Transportation to withhold specified funds for noncompliance. Makes withheld funds available for other projects, subject to specified requirements.","title":"To amend title 23, United States Code, to require States to extend parking privileges to motor vehicles designated under the laws of other States for transporting certain individuals with disabilities.","text_len":7307,"sum_len":406} {"bill_id":"107_s421","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gifted and Talented Students \nEducation Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress makes the following findings:\n (1) Gifted and talented students give evidence of high \n performance capability in specific academic fields, or in areas \n such as intellectual, creative, artistic, or leadership \n capacity, and require services or activities not ordinarily \n provided by a school in order to fully develop such \n capabilities. Gifted and talented students are from all \n cultural, racial, and ethnic backgrounds, and socioeconomic \n groups. Some such students have disabilities and for some, \n English is not their first language. Many students from such \n diverse backgrounds have been historically underrepresented in \n gifted education programs.\n (2) Because gifted and talented students generally are more \n advanced academically, are able to learn more quickly and study \n in more depth and complexity than others their age, the \n students have special educational needs that require \n opportunities and experiences that are different from those \n generally available in regular education programs.\n (3) Parents and families are essential partners to schools \n in developing appropriate educational services for gifted and \n talented students. They need access to information, research, \n and support regarding the characteristics of gifted children \n and their educational and social and emotional needs, as well \n as information on available strategies and resources for \n education in State and local communities.\n (4) There currently is no Federal requirement to identify \n or serve the Nation's approximately 3,000,000 gifted and \n talented students.\n (5) While some States and local educational agencies \n allocate resources to educate gifted and talented students, \n others do not. Additionally, State laws and State and local \n funding, identification, and accountability mechanisms vary \n widely, resulting in a vast disparity of services for this \n special-needs population.\n (6) If the United States is to compete successfully in the \n global economy, it is important that more students achieve to \n higher levels, and that highly capable students receive an \n education that prepares them to perform the most highly \n innovative and creative work that is necessary in today's \n workplace.\n (7) The performance of twelfth-grade advanced students in \n the United States on the Third International Mathematics and \n Science Study (TIMSS) was among the lowest in the world. In \n each of 5 physics content areas in the study and in each of 3 \n math content areas in the study, the performance of physics and \n advanced mathematics students in the United States was among \n the lowest of the participating countries.\n (8) Elementary school students who are gifted and talented \n have already mastered 35 to 50 percent of the material covered \n in a school year in several subject areas before the school \n year begins.\n (9) In 1990, fewer than 2 cents out of every $100 spent on \n elementary and secondary education in the United States was \n devoted to providing challenging programming for the Nation's \n gifted and talented students.\n (b) Purpose.--The purpose of this Act is to provide grants to \nStates to support programs, classes, and other services designed to \nmeet the needs of the Nation's gifted and talented students in \nelementary schools and secondary schools.\n\nSEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.\n\n (a) In General.--If the amount appropriated under section 11 for a \nfiscal year equals or exceeds $50,000,000, then the Secretary may award \ngrants to State educational agencies from allotments under section 4 to \nenable the State educational agencies to award grants to local \neducational agencies under section 6 for developing or expanding gifted \nand talented education programs, and providing direct educational \nservices and materials through 1 or more of the following activities:\n (1) Developing and implementing programs to address State \n and local needs for inservice training programs for general \n educators, specialists in gifted and talented education, \n administrators, school counselors, or other personnel at the \n elementary and secondary levels.\n (2) Making materials and services available through State \n regional education service centers, universities, colleges, or \n other entities.\n (3) Providing direct educational services and materials to \n gifted and talented students, which may include curriculum \n compacting, modified or adapted curriculum, acceleration, \n independent study, and dual enrollment.\n (4) Supporting innovative approaches and curricula used by \n local educational agencies, individual schools, or consortia of \n schools or local educational agencies.\n (5) Providing challenging, high-level course work to \n individual students or groups of students in schools and school \n districts that do not have the resources to otherwise provide \n the courses through new and emerging technologies, including \n distance learning, developing curriculum packages, compensating \n distance-learning educators, or providing other relevant \n activities or services, but not for purchasing or upgrading of \n technological hardware.\n (b) State Infrastructure Costs.--\n (1) In general.--A State educational agency may use not \n more than 10 percent of the funds received under this Act for--\n (A) establishment and implementation of a peer \n review process for grant applications under section 7;\n (B) supervision of the awarding of funds to local \n educational agencies (including consortia of local \n educational agencies) to support gifted and talented \n students in the State;\n (C) planning, supervision, and processing of funds \n made available under this Act;\n (D) monitoring and evaluation of programs and \n activities assisted under this Act;\n (E) dissemination of general program information;\n (F) creating a State gifted education advisory \n board; and\n (G) providing technical assistance under this \n section.\n (2) Education and support.--Not more than 2 percent of the \n total amount received under this Act by the State may be used \n by the State educational agency to provide information, \n education, and support to parents and caregivers of gifted and \n talented children to enhance their ability to participate in \n decisions regarding their children's educational programs. Such \n education, information, and support shall be developed and \n carried out by parents and caregivers or by parents and \n caregivers in partnership with the State.\n\nSEC. 4. ALLOTMENT TO STATES.\n\n (a) Reservation of Funds.--From the amount made available to carry \nout this Act for any fiscal year, the Secretary shall reserve \\1\/2\\ of \n1 percent for the Secretary of the Interior for programs under this Act \nfor teachers, other staff, and administrators in schools operated or \nfunded by the Bureau of Indian Affairs.\n (b) Formula.--Except as provided in subsection (c), from the total \namount made available to carry out this Act for a fiscal year that \nremains after making the reservation under subsection (a), the \nSecretary shall allot to each State an amount that bears the same \nrelation to the total remaining amount as the number of children ages 5 \nthrough 18 in the State for the preceding academic year bears to the \ntotal number of all such children in all States for such year.\n (c) Minimum Award.--No State receiving an allotment under \nsubsection (b) may receive less than \\1\/2\\ of 1 percent of the total \namount allotted under such subsection.\n (d) Reallotment.--If any State does not apply for an allotment \nunder this section for any fiscal year, the Secretary shall reallot \nsuch amount to the remaining States in accordance with this section.\n\nSEC. 5. STATE APPLICATIONS.\n\n (a) In General.--To be eligible to receive a grant under section 3 \nor 8, a State educational agency shall submit an application to the \nSecretary at such time, in such manner, and accompanied by such \ninformation as the Secretary may reasonably require.\n (b) Contents.--The application described in subsection (a) shall \ninclude assurances--\n (1) that the State educational agency is designated as the \n agency responsible for the administration and supervision of \n programs assisted under this Act;\n (2) of the State educational agency's ability to provide \n matching funds for the activities to be assisted under this Act \n in an amount equal to not less than 20 percent of the grant \n funds to be received, which matching funds shall be provided in \n cash or in-kind;\n (3) that funds received under this Act shall be used to \n identify and support gifted and talented students, including \n students from all economic, ethnic, and racial backgrounds, \n students of limited English proficiency, students with \n disabilities, and highly gifted students;\n (4) that funds received under this Act shall be used only \n to supplement, not supplant, the amount of State and local \n funds expended for the specialized education and related \n services provided for the education of gifted and talented \n students; and\n (5) that the State shall develop and implement program \n assessment models to evaluate educational effectiveness and \n ensure program accountability.\n (c) Approval.--The Secretary shall approve an application of a \nState educational agency under this section if such application meets \nthe requirements of this section.\n\nSEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.\n\n (a) Grant Competition.--A State educational agency shall use not \nless than 88 percent of the funds made available to the State education \nagency under this Act to award grants, on a competitive basis, to local \neducational agencies (including consortia of local educational \nagencies) to support programs, classes, and other services designed to \nmeet the needs of gifted and talented students.\n (b) Size of Grant.--A State educational agency shall award a grant \nunder subsection (a) for any fiscal year in an amount sufficient to \nmeet the needs of the students to be served under the grant.\n\nSEC. 7. LOCAL APPLICATIONS.\n\n (a) Application.--To be eligible to receive a grant under this Act, \na local educational agency (including a consortium of local educational \nagencies) shall submit an application to the State educational agency.\n (b) Contents.--Each such application shall include--\n (1) an assurance that the funds received under this Act \n will be used to identify and support gifted and talented \n students, including gifted and talented students from all \n economic, ethnic, and racial backgrounds, such students of \n limited English proficiency, and such students with \n disabilities;\n (2) a description of how the local educational agency will \n meet the educational needs of gifted and talented students, \n including the training of personnel in the education of gifted \n and talented students; and\n (3) an assurance that funds received under this Act will be \n used to supplement, not supplant, the amount of funds the local \n educational agency expends for the education of and related \n services for, the education of gifted and talented students.\n\nSEC. 8. COMPETITIVE GRANTS TO STATES.\n\n If the amount appropriated under section 11 for a fiscal year is \nless than $50,000,000, then the Secretary may use the funds that are \nnot reserved under section 4(a) to award grants, on a competitive \nbasis, to State educational agencies to enable the State educational \nagencies to begin implementing activities described in section 3 \nthrough the awarding of grants on a competitive basis to local \neducational agencies.\n\nSEC. 9. REPORTING.\n\n Not later than 1 year after the date of enactment of this Act and \nfor each subsequent year thereafter, the State educational agency shall \nsubmit an annual report to the Secretary that describes the number of \nstudents served and the activities supported with funds provided under \nthis Act. The report shall include a description of the measures taken \nto comply with the accountability requirements of section 5(b)(5).\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) Gifted and talented.--\n (A) In general.--Except as provided in subparagraph \n (B), the term ``gifted and talented'' when used with \n respect to a person or program--\n (i) has the meaning given the term under \n applicable State law; or\n (ii) in the case of a State that does not \n have a State law defining the term, has the \n meaning given such term by definition of the \n State educational agency or local educational \n agency involved.\n (B) Special rule.--In the case of a State that does \n not have a State law that defines the term, and the \n State educational agency or local educational agency \n has not defined the term, the term has the meaning \n given the term in section 14101 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 8801).\n (2) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (4) State.--The term ``State'' means each of the 50 States, \n the District of Columbia, and the Commonwealth of Puerto Rico.\n (5) State educational agency.--The term ``State educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act, \n$160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.","summary":"Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs, (2) technical assistance, (3) innovative approaches and curricula, (4) emerging technologies, including distance learning. And (5) direct educational services and materials, which may include compacted, modified, or adapted curricula, acceleration, independent study, and dual enrollment.","title":"A bill to give gifted and talented students the opportunity to develop their capabilities.","text_len":15379,"sum_len":609} {"bill_id":"105_hr3338","text":"SECTION 1. TEACHER RECRUITMENT.\n\n (a) Future Math and Science Teacher Recruitment.--Title V of the \nHigher Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by \nadding at the end the following new part:\n\n ``PART G--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT\n\n``SEC. 599A. SHORT TITLE; FINDINGS.\n\n ``(a) Short Title.--This part may be cited as the `Recruit and \nReward Future Math and Science Teachers of America Act of 1998'.\n ``(b) Findings.--Congress finds the following:\n ``(1) United States high school students rank 12th and \n 19th, respectively, in science and math out of 25 countries.\n ``(2) Of United States high school students who take \n physical science and math courses, 48 percent and 49 percent, \n respectively, are taught by teachers who did not prepare in \n that field.\n ``(3) Teachers' knowledge and skills powerfully influence \n student learning.\n ``(4) More than 2,000,000 teachers will need to be hired \n over the next decade.\n ``(5) The ability of the United States to place highly \n qualified math and science teachers specializing in their field \n of instruction will depend on proactive policies that increase \n funding for teacher training, recruitment, and induction.\n\n``SEC. 599B. PURPOSE; APPROPRIATIONS AUTHORIZED.\n\n ``(a) Purpose.--It is the purpose of this part to make available, \nthrough a pilot program, 500 scholarship grants and stipends to \noutstanding students enrolled in a nationally accredited teacher \ntraining graduate program who are committed to pursuing careers \nteaching math and science at an urban or rural secondary level \nclassroom.\n ``(b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this part $5,000,000 in each of the fiscal \nyears 1999, 2000, and 2001.\n\n``SEC. 599C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.\n\n ``(a) Scholarship Designation.--Funds made available under this \npart shall be designated as the `National Math and Science Teacher \nScholarships'.\n ``(b) Selection Criteria.--The Secretary of Education may award \nfunds for National Math and Science Teacher Scholarships on a \ncompetitive basis to qualifying higher education institutions with \ngraduate programs in teacher training. The Secretary may not provide \nany individual higher education institution more than $100,000 per \nacademic year for the purpose of the National Math and Science Teacher \nScholarships. An institution applying for such Scholarships may only be \neligible to receive funds if such institution--\n ``(1) meets nationally accredited teacher training graduate \n program standards; or\n ``(2) demonstrates to the Secretary that at least 90 \n percent of the graduates of such a graduate teacher training \n program take, and on their first attempt pass, the State \n teacher qualification assessments for new teachers.\n\n``SEC. 599D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.\n\n ``An individual may be eligible for a National Math and Science \nTeacher Scholarship only if such individual--\n ``(1) is a citizen or national of the United States or an \n alien lawfully admitted to the United States for permanent \n residence;\n ``(2) is majoring in a physical or life science or \n mathematics graduate teacher training program;\n ``(3) is enrolled in a higher education institution that--\n ``(A) meets nationally accredited teacher training \n graduate program standards; or\n ``(B) demonstrates to the Secretary that at least \n 90 percent of the graduates of such a graduate teacher \n training program who enter the field of teaching take, \n and on their first attempt pass, the State teacher \n qualification assessments for new teachers; and\n ``(4) is willing to be teacher certified or licensed and \n commit themselves to teaching math or science in a rural or \n urban public secondary school for no less than 3 full academic \n years.\n\n``SEC. 599E. SCHOLARSHIP AMOUNT.\n\n ``(a) Amount of Award.--The amount of scholarship awarded by \nparticipating teacher training graduate programs under this part for \nany academic year shall be $10,000 per student.\n ``(b) Assistance Not To Exceed Cost of Attendance.--No individual \nshall receive an award under this part in any academic year which \nexceeds the cost of attendance. A scholarship awarded under this part \nshall not be reduced on the basis of the student's receipt of other \nforms of Federal student financial assistance, but shall be taken into \naccount in determining the eligibility of the student for those forms \nof Federal student financial assistance.\n\n``SEC. 599F. AGREEMENT; GRANT AND STIPEND REPAYMENT PROVISIONS.\n\n ``(a) Agreement.--Recipients of the National Math and Science \nTeachers Scholarships shall agree to teach in an urban or rural public \nsecondary school for no less than 3 full academic years.\n ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients \nof a Scholarship found by the Secretary to be in noncompliance with the \nagreement entered into under subsection (a) of this section shall be \nrequired to repay a pro rata amount of the scholarship awards received, \nplus interest and, where applicable, reasonable collection fees, on a \nschedule and at a rate of interest prescribed by the Secretary by \nregulations.\n\n``SEC. 599G. EXCEPTIONS TO REPAYMENT PROVISIONS.\n\n ``An individual recipient of a Scholarship under this part shall \nnot be considered in violation of the agreement entered into pursuant \nto section 599F during any period in which the recipient--\n ``(1) is pursuing a full-time course of study in math and \n science at an accredited institution;\n ``(2) is serving, not in excess of 3 years, as a member of \n the armed services of the United States;\n ``(3) is totally disabled for a period of time not to \n exceed 3 years as established by sworn affidavit of a qualified \n physician;\n ``(4) is seeking and unable to find full-time employment \n for a single period not to exceed 12 months;\n ``(5) is seeking and unable to find full-time employment as \n a math and science teacher in a public or private nonprofit \n elementary or secondary school or education program for a \n single period not to exceed 27 months; or\n ``(6) satisfies the provision of additional repayment \n exceptions that may be prescribed by the Secretary in \n regulations issued pursuant to this section.\n\n``SEC. 599H. REPORT TO CONGRESS.\n\n ``On or before January 29, 2002, the Secretary of Education shall \nsubmit a report to Congress evaluating the success of the National Math \nand Science Teacher Scholarships pilot program in recruiting math and \nscience teachers to teach in America's public secondary schools.''.","summary":"Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers. Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards. Or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.","title":"Recruit and Reward Future Math and Science Teachers of America Act of 1998","text_len":7130,"sum_len":1656} {"bill_id":"112_hr5839","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Disaster Savings and Resilient \nConstruction Act of 2012''.\n\nSEC. 2. RESILIENT CONSTRUCTION TAX CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 45R the following new section:\n\n``SEC. 45S. RESILIENT CONSTRUCTION.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \neligible contractor, the resilient construction credit for the taxable \nyear is the applicable amount for each building--\n ``(1) constructed by the eligible contractor in a disaster \n area determined as a result of a federally declared major \n disaster,\n ``(2) the construction of which began after the date of \n such disaster in that area,\n ``(3) which--\n ``(A) in the case of qualified commercial property, \n is placed in service for commercial purposes, and\n ``(B) in the case of qualified residential \n property, is placed in service for residential \n purposes, and\n ``(4) for which a certificate of occupancy is issued before \n the end of the 2-year period beginning on the date of such \n disaster declaration in that area.\n ``(b) Applicable Amount.--For purposes of subsection (a), the \napplicable amount is:\n ``(1) Commercial property.--In the case of a qualified \n commercial property, the applicable amount is the lesser of--\n ``(A) 1 percent of the cost of construction, or\n ``(B) $25,000.\n ``(2) Residential property.--In the case of a qualified \n residential property, the applicable amount is the lesser of--\n ``(A) 1 percent of the cost of construction, or\n ``(B) $3,000.\n ``(c) Qualified Property.--For purposes of this section:\n ``(1) Qualified commercial property.--The term `qualified \n commercial property' means a building that is--\n ``(A) located in the United States,\n ``(B) defined in the scope of the 2009 or later \n International Building Code published by the \n International Code Council, and\n ``(C) designed and constructed to meet resilient \n construction requirements.\n ``(2) Qualified residential property.--The term `qualified \n residential property' means a building that is--\n ``(A) located in the United States,\n ``(B) defined in the scope of the 2009 or later \n International Residential Code published by the \n International Code Council, and\n ``(C) designed and constructed to meet resilient \n construction requirements.\n ``(d) Resilient Construction Requirements.--For purposes of this \nsection:\n ``(1) In general.--The resilient construction requirements \n with respect to a property are that the property is designed \n and constructed to--\n ``(A) resist hazards brought on by a major disaster \n and continues to provide its primary functions after a \n major disaster,\n ``(B) reduce the magnitude or duration of a \n disruptive event, and\n ``(C) have the absorptive capacity, adaptive \n capacity, recoverability to withstand a potentially \n disruptive event.\n ``(2) Treated as meeting resiliency requirements.--For \n purposes of paragraph (1)--\n ``(A) in the case of a qualified commercial \n property, the property shall be treated as meeting the \n requirements specified in paragraph (1) if the property \n is a building which--\n ``(i) was designed to meet the requirements \n of the 2009 or later International Building \n Code published by the International Code \n Council and received the Insurance Institute \n for Business and Home Safety FORTIFIED for \n Safer Business designation, or\n ``(ii) was designed and built in a \n jurisdiction that requires commercial buildings \n to meet the requirements of the 2009 or later \n International Building Code published by the \n International Code Council\u0005 with amendments \n that are equivalent or more restrictive than \n the requirements described in FORTIFIED for \n Safer Business Standards published by the \n Insurance Institute for Business and Home \n Safety and received a certificate of occupancy \n (or other documentation stating that it has met \n the requirements of the building code) from the \n jurisdiction, and\n ``(B) in the case of a qualified residential \n property, the property shall be treated as meeting the \n requirements specified in paragraph (1) if the property \n is a building which was designed to meet the \n requirements of the 2009 or later International \n Residential Code published by the International Code \n Council, and meets one of the following requirements:\n ``(i) The building received the Insurance \n Institute for Business and Home Safety as \n FORTIFIED for Safer Living designation.\n ``(ii) The building received the Insurance \n Institute for Business and Home Safety as \n FORTIFIED for Existing Homes designation.\n ``(iii) It was designed and built in a \n jurisdiction that requires residential \n buildings to meet the requirements of the 2009 \n or later International Building Code published \n by the International Code Council\u0005 with \n amendments that are equivalent or more \n restrictive than the requirements described in \n FORTIFIED for Safer Living Builders Guide \n published by the Insurance Institute for \n Business and Home Safety and received a \n certificate of occupancy (or other \n documentation stating that it has met the \n requirements of the building code) from the \n jurisdiction.\n ``(3) Absorptive capacity.--The term `absorptive capacity' \n means the ability of the construction to endure a disruption \n without significant deviation from normal operating \n performance.\n ``(4) Adaptive capacity.--The term `adaptive capacity' \n means the ability of the construction to adapt to a drastic \n change in normal operating conditions.\n ``(5) Recoverability.--The term `recoverability' means the \n ability of the construction to recover quickly, and at low \n cost, from potentially disruptive events.\n ``(e) Other Definitions.--For purposes of this section:\n ``(1) Eligible contractor.--The term `eligible contractor' \n means the person who constructed the qualified building.\n ``(2) Construction.--The term `construction' includes new \n construction and reconstruction and rehabilitation that meets \n resilient construction requirements.\n ``(3) Disaster area.--The term `disaster area' has the \n meanings given such terms by section 165(h)(3).\n ``(4) Federally declared major disaster.--The term \n `federally declared major disaster' means a disaster \n subsequently determined by the President of the United States \n to be a `major disaster' that warrants assistance by the \n Federal Government under the Robert T. Stafford Disaster Relief \n and Emergency Assistance Act.\n ``(f) Basis Reduction.--For purposes of this subtitle, the basis of \nany property for which a credit is allowable under subsection (a) shall \nbe reduced by the amount of such credit so allowed.\n ``(g) Termination.--This section shall not apply to any property \nfor which a certificate for occupancy is issued after December 31, \n2015.''.\n (b) Credit Made Part of General Business Credit.--Section 38(b) of \nsuch Code, as amended by this Act, is amended by striking ``plus'' at \nthe end of paragraph (35), by striking the period at the end of \nparagraph (36) and inserting ``, plus'', and by adding at the end the \nfollowing new paragraph:\n ``(37) the resilient construction credit determined under \n section 45S(a).''.\n (c) Basis Adjustment.--Subsection (a) of section 1016 is amended by \nstriking ``and'' at the end of paragraph (31), by striking the period \nat the end of paragraph (32) and inserting ``, and'', and by adding at \nthe end the following new paragraph:\n ``(38) to the extent provided in section 45S(f), in the \n case of amounts with respect to which a credit has been allowed \n under section 45S.''.\n (d) Deduction for Certain Unused Business Credits.--Section 196(c) \n(defining qualified business credits) is amended by striking ``and'' at \nthe end of paragraph (13), by striking the period at the end of \nparagraph (14) and inserting ``, and'', and by adding after paragraph \n(14) the following new paragraph:\n ``(15) the resilient construction credit determined under \n section 45S(a).''.\n (e) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after section 45R the following new item:\n\n``Sec. 45S. Resilient construction.''.\n (f) Effective Date.--The amendments made by this section shall \napply to property for which a certificate for occupancy is issued after \nthe date of the enactment of this Act.","summary":"Disaster Savings and Resilient Construction Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the cost of constructing commercial and residential buildings that comply with resilient construction requirements in a federally-declared major disaster area. Defines resilient construction requirements as requirements that ensure that such buildings: (1) can resist hazards brought on by a major disaster and can continue to provide their primary functions after a major disaster, (2) can reduce the magnitude or duration of a disruptive event, and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. Terminates such credit for any any property for which a certificate of occupancy is issued after December 31, 2015.","title":"To amend the Internal Revenue Code of 1986 to provide a business tax credit for resilient construction.","text_len":10529,"sum_len":817} {"bill_id":"107_s1129","text":"SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN \n THE EXECUTIVE BRANCH.\n\n (a) Executive Schedule Pay Rates.--\n (1) In general.--Section 5318 of title 5, United States \n Code, is amended--\n (A) by redesignating subsection (a) as subsection \n (a)(1) and subsection (b) as paragraph (2); and\n (B) by adding at the end the following:\n ``(b)(1)(A) Effective at the beginning of the first applicable pay \nperiod commencing on or after the first day of the month in which any \ncomparability payment becomes payable under section 5304 or 5304a with \nrespect to General Schedule employees within the District of Columbia \nduring any year, the annual rate of pay for positions at each level of \nthe Executive Schedule (exclusive of any previous adjustment under this \nsubsection) shall be adjusted by an amount, rounded to the nearest \nmultiple of $100 (or if midway between multiples of $100, to the next \nhighest multiple of $100) equal to the percentage of such annual rate \nof pay which corresponds to the percentage adjustment becoming so \npayable with respect to General Schedule employees within the District \nof Columbia under such section 5304 or 5304a (as applicable).\n ``(B) If an adjustment under this subsection is scheduled to take \neffect on the same date as an adjustment under subsection (a), the \nadjustment under subsection (a) shall be made first.\n ``(2) An annual rate of pay, as adjusted under paragraph (1), shall \nfor all purposes be treated as the annual rate of pay for the positions \ninvolved, except as otherwise provided in subsection (a), paragraph \n(1), or any other provision of law.\n ``(3) Nothing in this subsection shall be considered to permit or \nrequire the continuation of an adjustment under paragraph (1) after the \ncomparability payment (for General Schedule employees within the \nDistrict of Columbia) on which it was based has been terminated or \nsuperseded.''.\n (2) Contract appeals board members.--Section 5372a of title \n 5, United States Code, is amended--\n (A) in subsection (b)(2) by striking ``97 percent \n of the rate under paragraph (1)'' and inserting ``no \n less than 97 percent of the rate under paragraph (1)'';\n (B) in subsection (b)(3) by striking ``94 percent \n of the rate under paragraph (1)'' and inserting ``no \n less than 94 percent of the rate under paragraph (1)''; \n and\n (C) by adding at the end the following:\n ``(d) Subject to subsection (b), effective at the beginning of the \nfirst applicable pay period commencing on or after the first day of the \nmonth in which an adjustment takes effect under section 5303 in the \nrates of basic pay under the General Schedule, each rate of basic pay \nfor contract appeals board members shall be adjusted by an amount \ndetermined by the President to be appropriate.''.\n (3) Conforming amendments.--Section 5318 of title 5, United \n States Code, is amended--\n (A) in the first sentence of subsection (a)(1) (as \n redesignated)--\n (i) by striking ``Subject to subsection \n (b),'' and inserting ``Subject to paragraph \n (2),''; and\n (ii) by inserting ``(exclusive of any \n previous adjustment under subsection (b))'' \n after ``Executive Schedule''; and\n (B) in subsection (a)(2) (as redesignated), by \n striking ``subsection (a)'' and inserting ``paragraph \n (1)''.\n (b) Amendments Relating to Certain Limitation and Other \nProvisions.--\n (1) Provisions to be applied by excluding executive \n schedule comparability adjustment.--Sections 5303(f), \n 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States \n Code, are each amended by inserting ``, exclusive of any \n adjustment under section 5318(b)'' after ``Executive \n Schedule''.\n (2) Limitation on certain payments.--Section 5307(a) of \n title 5, United States Code, is amended by adding at the end \n the following:\n ``(3) In the case of an employee who is receiving basic pay under \nsection 5372a, 5376, or 5383, paragraph (1) shall be applied by \nsubstituting `the annual rate of salary of the Vice President of the \nUnited States' for `the annual rate of basic pay payable for level I of \nthe Executive Schedule'. Regulations under subsection (c) may extend \nthe application of the preceding sentence to other equivalent \ncategories of employees.''.\n (3) References to level iv of the executive schedule.--\n Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) \n of title 5, United States Code, are each amended by striking \n ``level IV'' each place it appears and inserting ``level III''.\n\nSEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE \n JUDICIAL BRANCH.\n\n (a) Increase in Maximum Rates of Basic Pay Allowable.--\n (1) For positions covered by section 604(a)(5) of title 28, \n united states code.--Section 604(a)(5) of title 28, United \n States Code, is amended by striking ``by law'' and inserting \n ``by law (except that the rate of basic pay fixed under this \n paragraph for any such employee may not exceed the rate for \n level IV of the Executive Schedule)''.\n (2) For circuit executives.--Section 332(f)(1) of title 28, \n United States Code, is amended by striking ``level IV of the \n Executive Schedule pay rates under section 5315'' and inserting \n ``level III of the Executive Schedule pay rates under section \n 5314''.\n (3) For personnel of the administrative office of the \n united states courts.--\n (A) In general.--Section 3(a) of the Administrative \n Office of the United States Courts Personnel Act of \n 1990 (28 U.S.C. 602 note) is amended--\n (i) in paragraph (1), by striking ``level \n V'' and inserting ``level IV''; and\n (ii) in paragraph (10), by striking ``level \n IV'' and inserting ``level III''.\n (B) Provisions relating to certain additional \n positions.--Section 603 of title 28, United States \n Code, is amended by striking ``level IV of the \n Executive Schedule under section 5315'' and inserting \n ``level III of the Executive Schedule under section \n 5314''.\n (b) Salary of the Director of the Administrative Office of the \nUnited States Courts.--Section 603 of title 28, United States Code, is \namended by striking ``district'' and inserting ``circuit''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall be effective with respect to \npay periods beginning on or after the date of enactment of this Act.","summary":"Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment payable to such General Schedule employees. Revises the rate of basic pay for the Vice Chairman and other members of the Contract Appeals Board. Adjusts such pay rate after each adjustment under the General Schedule. Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to contract appeals board members, certain senior-level employees, and individual senior executives. Increases: (1) the rate of basic pay payable for certain executive schedule positions. And (2) the highest rate of basic pay payable for the Senior Executive Service. Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the US Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit judge.","title":"A bill to increase the rate of pay for certain offices and positions within the executive and judicial branches of the Government, respectively, and for other purposes.","text_len":7245,"sum_len":1127} {"bill_id":"106_s1825","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Phone Bill Fairness Act''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Customer bills for telecommunications services are \n unreasonably complicated, and many Americans are unable to \n understand the nature of services provided to them and the \n charges for which they are responsible.\n (2) One of the purposes of the Telecommunications Act of \n 1996 (Public Law 104-104) was to unleash competitive and market \n forces for telecommunications services.\n (3) Unless customers can understand their \n telecommunications bills they cannot take advantage of the \n newly competitive market for telecommunications services.\n (4) Confusing telecommunications bills allow a small \n minority of providers of telecommunications services to commit \n fraud more easily. The best defense against telecommunications \n fraud is a well informed consumer. Consumers cannot be well \n informed when their telecommunications bills are \n incomprehensible.\n (5) Certain providers of telecommunications services have \n established new, specific charges on customer bills commonly \n known as ``line-item charges''.\n (6) These line-item charges have proliferated and are often \n described with inaccurate and confusing names.\n (7) These line-item charges have generated significant \n confusion among customers regarding the nature and scope of \n universal service and of the fees associated with universal \n service.\n (8) The National Association of Regulatory Utility \n Commissioners adopted a resolution in February 1998 supporting \n action by the Federal Communications Commission to require \n interstate telecommunications carriers to provide accurate \n customer notice regarding the implementation and purpose of \n end-user charges for telecommunications services.\n (b) Purpose.--It is the purpose of this Act to require the Federal \nCommunications Commission and the Federal Trade Commission to protect \nand empower consumers of telecommunications services by assuring that \ntelecommunications bills, including line-item charges, issued by \ntelecommunications carriers nationwide are both accurate and \ncomprehensible.\n\nSEC. 3. INVESTIGATION OF TELECOMMUNICATIONS CARRIER BILLING PRACTICES.\n\n (a) Investigation.--\n (1) Requirement.--The Federal Communications Commission and \n the Federal Trade Commission shall jointly conduct an \n investigation of the billing practices of telecommunications \n carriers.\n (2) Purpose.--The purpose of the investigation is to \n determine whether the bills sent by telecommunications carriers \n to their customers accurately assess and correctly characterize \n the services received and fees charged for such services, \n including any fees imposed as line-item charges.\n (b) Determinations.--In carrying out the investigation under \nsubsection (a), the Federal Communications Commission and the Federal \nTrade Commission shall determine the following:\n (1) The prevalence of incomprehensible or confusing \n telecommunications bills.\n (2) The most frequent causes for confusion on \n telecommunications bills.\n (3) Whether or not any best practices exist, which, if \n utilized as an industry standard, would reduce confusion and \n improve comprehension of telecommunications bills.\n (4) Whether or not telecommunications bills that impose \n fees through line-item charges characterize correctly the \n nature and basis of such fees, including, in particular, \n whether or not such fees are required by the Federal Government \n or State governments.\n (c) Review of Records.--\n (1) Authority.--For purposes of the investigation under \n subsection (a), the Federal Communications Commission and the \n Federal Trade Commission may obtain from any telecommunications \n carrier any record of such carrier that is relevant to the \n investigation, including any record supporting such carrier's \n basis for setting fee levels or percentages.\n (2) Use.--The Federal Communications Commission and the \n Federal Trade Commission may use records obtained under this \n subsection only for purposes of the investigation.\n (d) Disciplinary Actions.--\n (1) In general.--If the Federal Communications Commission \n or the Federal Trade Commission determines as a result of the \n investigation under subsection (a) that the bills sent by a \n telecommunications carrier to its customers do not accurately \n assess or correctly characterize any service or fee contained \n in such bills, the Federal Communications Commission or the \n Federal Trade Commission, as the case may be, may take such \n action against such carrier as such Commission is authorized to \ntake under law.\n (2) Characterization of fees.--If the Federal \n Communications Commission or the Federal Trade Commission \n determines as a result of the investigation under subsection \n (a) that a telecommunications carrier has characterized a fee \n on bills sent to its customers as mandated or otherwise \n required by the Federal Government or a State and that such \n characterization is incorrect, the Federal Communications \n Commission or the Federal Trade Commission, as the case may be, \n may require the carrier to discontinue such characterization.\n (3) Additional actions.--If the Federal Communications \n Commission or the Federal Trade Commission determines that such \n Commission does not have authority under law to take actions \n under paragraph (1) that would be appropriate in light of a \n determination described in paragraph (1), the Federal \n Communications Commission or the Federal Trade Commission, as \n the case may be, shall notify Congress of the determination \n under this paragraph in the report under subsection (e).\n (e) Report.--Not later than one year after the date of the \nenactment of this Act, the Federal Communications Commission and the \nFederal Trade Commissions shall jointly submit to Congress a report on \nthe results of the investigation under subsection (a). The report shall \ninclude the determination, if any, of either Commission under \nsubsection (d)(3) and any recommendations for further legislative \naction that such Commissions consider appropriate.\n\nSEC. 4. TREATMENT OF MISLEADING TELECOMMUNICATIONS BILLS AND \n TELECOMMUNICATIONS RATE PLANS.\n\n (a) Federal Trade Commission.--The Federal Trade Commission shall \ntreat any telecommunications billing practice or telecommunications \nrate plan that the Commission determines to be intentionally misleading \nas an unfair business practice under the Federal Trade Commission Act \n(15 U.S.C. 41 et seq.).\n (b) Federal Communications Commission.--The Federal Communications \nCommission shall, upon finding that any holder of a license under the \nCommission has repeatedly and intentionally engaged in a telephone \nbilling practice, or has repeatedly and intentionally utilized a \ntelephone rate plan, that is misleading, treat such holder as acting \nagainst the public interest for purposes of the Communications Act of \n1934 (47 U.S.C. 151 et seq.).\n\nSEC. 5. REQUIREMENTS FOR ALL BILLS FOR TELECOMMUNICATIONS SERVICES.\n\n (a) Average Per Minute Rate Calculation.--Each telecommunications \ncarrier shall display on the first page of each customer bill for \ntelecommunications services the average per-minute charge of \ntelecommunications services of such customer for the billing period \ncovered by such bill.\n (b) Calling Patterns.--Each telecommunications carrier shall \ndisplay on the first page of each customer bill for telecommunications \nservices the percentage of the total number of telephone calls of such \ncustomer for the billing period covered by such bill as follows:\n (1) That began on a weekday.\n (2) That began on a weekend.\n (3) That began from 8 a.m. to 8 p.m.\n (4) That began from 8:01 p.m. to 7:59 a.m.\n (5) That were billed to a calling card.\n (c) Average Per-Minute Charge Defined.--In this section, the term \n``average per-minute charge'', in the case of a bill of a customer for \na billing period, means--\n (1) the sum of--\n (A) the aggregate amount of monthly or other \n recurring charges, if any, for telecommunications \n services imposed on the customer by the bill for the \n billing period; and\n (B) the total amount of all per-minute charges for \n telecommunications services imposed on the customer by \n the bill for the billing period; divided by\n (2) the total number of minutes of telecommunications \n services provided to the customer during the billing period and \n covered by the bill.\n\nSEC. 6. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN \n CHARGES FOR SERVICES.\n\n (a) Billing Requirements.--Any telecommunications carrier shall \ninclude on the bills for telecommunications services sent to its \ncustomers the following:\n (1) An accurate name and description of any covered charge.\n (2) The recipient or class of recipients of the monies \n collected through each such charge.\n (3) A statement whether each such charge is required by law \n or collected pursuant to a requirement imposed by a \n governmental entity under its discretionary authority.\n (4) A specific explanation of any reduction in charges or \n fees to customers, and the class of telephone customer that \n such reduction, that are related to each such charge.\n (b) Universal Service Contributions and Receipts.--Not later than \nJanuary 31 each year, each telecommunications carrier required to \ncontribute to universal service during the previous year under section \n254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) shall \nsubmit to the Federal Communications Commission a report on following:\n (1) The total contributions of the carrier to the universal \n service fund during the previous year.\n (2) The total receipts from customers during such year \n designed to recover contributions to the fund.\n (c) Action on Universal Service Contributions and Receipts Data.--\n (1) Review.--The Federal Communications Commission shall \n review the reports submitted to the Commission under subsection \n (b) in order to determine whether or not the amount of the \n contributions of a telecommunications carrier to the universal \n service fund in any year is equal to the amount of the receipts \n of the telecommunications carrier from its customers in such \n year for purposes of contributions to the fund.\n (2) Additional contributions.--If the Commission determines \n as a result of a review under paragraph (1) that the amount of \n the receipts of a telecommunications carrier from its customers \n in a year for purposes of contributions to the universal \n service fund exceeded the amount contributed by the carrier in \n such year to the fund, the Commission shall have the authority \n to require the carrier to deposit in the fund an amount equal \n to the amount of such excess.\n (d) Covered Charges.--For purposes of subsection (a), a covered \ncharge shall include any charge on a bill for telecommunications \nservices that is separate from a per-minute rate charge, including a \nuniversal service charge, a subscriber line charge, and a presubscribed \ninterexchange carrier charge.\n\nSEC. 7. TELECOMMUNICATIONS CARRIER DEFINED.\n\n In this Act, the term ``telecommunications carrier'' has the \nmeaning given that term in section 3(44) of the Communications Act of \n1934 (47 U.S.C. 153(44)).","summary":"Requires the FTC to treat any telecommunications billing practice or rate plan determined to be intentionally misleading as an unfair business practice for purposes of the Federal Trade Commission Act. Requires the FCC, upon a finding that any holder of an FCC license has repeatedly and intentionally engaged in a telephone billing practice or utilized a rate plan that is misleading, to treat such holder as acting against public interest for purposes of the Communications Act of 1934. Requires each carrier to display on the first page of each customer bill: (1) the average per-minute charge of telecommunications services for the billing period. And (2) the percentage of the total number of telephone calls of such customer that took place on a weekday, weekend, daytime, or nighttime, and the percentage that were billed to a calling card. Requires customer bills to include: (1) an accurate name and description of any covered charge and the recipient of monies collected through such charge. (2) a statement of whether each such charge is required by law or by a governmental entity under its discretionary authority. And (3) an explanation of any reduction in charges or fees. Directs each carrier required to contribute to universal services during the previous year to report to the FCC on their total contributions during the previous year and the total receipts from customers to recover such contributions. Directs the FCC to review such reports to determine whether such amounts are equal and, if not, to require such carrier to deposit an equal amount.","title":"Phone Bill Fairness Act","text_len":12456,"sum_len":1570} {"bill_id":"103_s2479","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Cruise Vessel \nDevelopment Act of 1994''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to promote construction and operation of \nUnited States flag cruise vessels in the United States.\n\nSEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS.\n\n Section 8 of the Act entitled ``An Act to abolish certain fees for \nofficial services to American vessels, and to amend the laws relating \nto shipping commissioners, seamen, and owners of vessels, and for other \npurposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. \nU.S.C. 289), is amended to read as follows:\n\n``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.\n\n ``(a) In General.--Except as otherwise provided by law, a vessel \nmay transport passengers in coastwise trade only if--\n ``(1) the vessel is owned by a person that is--\n ``(A) an individual who is a citizen of the United \n States; or\n ``(B) a corporation, partnership, or association \n that is a citizen of the United States under section \n 2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a));\n ``(2) the vessel meets the requirements of section 27 of \n the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and\n ``(3) for a vessel that is at least 5 net tons, the vessel \n is issued a certificate of documentation under chapter 121 of \n title 46, United States Code, with a coastwise endorsement.\n ``(b) Exception for Vessel Under Demise Charter.--\n ``(1) In general.--Subsection (a)(1) does not apply to a \n cruise vessel operating under a demise charter that--\n ``(A) has a term of at least 18 months; and\n ``(B) is to a person described in subsection \n (a)(1).\n ``(2) Extension of period for operation.--A cruise vessel \n authorized to operate in coastwise trade under paragraph (1) \n based on a demise charter described in paragraph (1) may \n operate in that coastwise trade during a period following the \n termination of the charter of not more than 6 months, if the \n operation--\n ``(A) is approved by the Secretary; and\n ``(B) is in accordance with such terms as may be \n prescribed by the Secretary for that approval.\n ``(c) Exception for Vessel To Be Reflagged.--\n ``(1) Exception.--Subsection (a)(2) and section \n 12106(a)(2)(A) of title 46, United States Code, do not apply to \n a cruise vessel if--\n ``(A) the vessel--\n ``(i) is not documented under chapter 121 \n of title 46, United States Code, on the date of \n enactment of the United States Cruise Vessel \n Development Act of 1994; and\n ``(ii) is not less than 5 years old and not \n more than 15 years old on the first date that \n the vessel is documented under that chapter \n after that date of enactment; and\n ``(B) the owner or charterer of the vessel has \n entered into a contract for the construction in the \n United States of another cruise vessel that has a total \n berth or stateroom capacity that is at least 80 percent \n of the capacity of the cruise vessel.\n ``(2) Termination of authority to operate.--Paragraph (1) \n does not apply to a vessel after the date that is 18 months \n after the date on which a certificate of documentation with a \n coastwise endorsement is first issued for the vessel after the \n date of enactment of the United States Cruise Vessel \n Development Act of 1994 if, before the end of that 18-month \n period, the keel of another vessel has not been laid, or \n another vessel is not at a similar stage of construction, under \n a contract required for the vessel under paragraph (1)(B).\n ``(3) Extension of period before termination.--The \n Secretary of Transportation may extend the 18-month period \n under paragraph (2) for an additional period of not to exceed 6 \n months for good cause shown.\n ``(d) Limitation on Operations.--A person (including a related \nperson with respect to that person) who owns or charters a cruise \nvessel operating in coastwise trade under subsection (b) or (c) under a \ncoastwise endorsement may not operate any vessel between--\n ``(1) any 2 ports served by another cruise vessel that \n transports passengers in coastwise trade under subsection (a) \n on the date the Secretary issues the coastwise endorsement; or\n ``(2) any of the islands of Hawaii.\n ``(e) Penalties.--\n ``(1) Civil penalty.--A person operating a vessel in \n violation of this section is liable to the United States \n Government for a civil penalty of $1,000 for each passenger \n transported in violation of this section.\n ``(2) Forfeiture.--A vessel operated in knowing violation \n of this section, and its equipment, are liable to seizure by \n and forfeiture to the United States Government.\n ``(3) Disqualification from coastwise trade.--A person that \n is required to enter into a construction contract under \n subsection (c)(1)(B) with respect to a cruise vessel (including \n any related person with respect to that person) may not own or \n operate any vessel in coastwise trade after the period \n applicable under subsection (c)(2) with respect to the cruise \n vessel, if before the end of that period a keel is not laid and \n a similar stage of construction is not reached under such a \n contract.\n ``(f) Definitions.--In this section--\n ``(1) the term `coastwise trade' includes transportation of \n a passenger between points in the United States, either \n directly or by way of a foreign port;\n ``(2) the term `cruise vessel' means a vessel that--\n ``(A) is at least 10,000 gross tons (as measured \n under chapter 143 of title 46, United States Code);\n ``(B) has berth or stateroom accommodations for at \n least 200 passengers; and\n ``(C) is not a ferry; and\n ``(3) the term `related person' means, with respect to a \n person--\n ``(A) a holding company, subsidiary, affiliate, or \n association of the person; and\n ``(B) an officer, director, or agent of the person \n or of an entity referred to in subparagraph (A).''.\n\nSEC. 4. CONSTRUCTION STANDARDS.\n\n Section 3309 of title 46, United States Code, is amended by adding \nat the end the following new subsection:\n ``(d)(1) A vessel described in paragraph (3) is deemed to comply \nwith parts B and C of this subtitle.\n ``(2) The Secretary shall issue a certificate of inspection under \nsubsection (a) to a vessel described in paragraph (3).\n ``(3) A vessel is described in this paragraph if--\n ``(A) the vessel meets the standards and conditions for the \n issuance of a control verification certificate to a foreign \n vessel embarking passengers in the United States;\n ``(B) a coastwise endorsement is issued for the vessel \n under section 12106 of this title after the date of enactment \n of the United States Cruise Vessel Development Act of 1994; and\n ``(C) the vessel is authorized to engage in coastwise trade \n by reason of subsection (c) of section 8 of the Act entitled \n `An Act to abolish certain fees for official services to \n American vessels, and to amend the laws relating to shipping \n commissioners, seamen, and owners of vessels, and for other \n purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 \n App. U.S.C. 289).''.\n\nSEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.\n\n Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is \namended--\n (1) in subsection (a) by inserting ``other than primarily \n in the transport of passengers,'' after ``the coastwise \n trade''; and\n (2) by adding at the end the following new subsection:\n ``(e) For purposes of determining citizenship under subsection (a) \nwith respect to operation of a vessel primarily in the transport of \npassengers in coastwise trade, the controlling interest in a \npartnership or association that owns the vessel shall not be deemed to \nbe owned by citizens of the United States unless a majority interest in \nthe partnership or association is owned by citizens of the United \nStates free from any trust or fiduciary obligation in favor of any \nperson that is not a citizen of the United States.''.\n\nSEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.\n\n Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. \n1271(b)) is amended by striking ``passenger cargo'' and inserting \n``passenger, cargo,''.\n\nSEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.\n\n (a) Priority.--Notwithstanding any other provision of law, the \nSecretary of the Interior may not permit a person to operate a vessel \nin any unit of the National Park System except in accordance with the \nfollowing priority:\n (1) First, any person that--\n (A) will operate a vessel that is documented under \n the laws of, and the home port of which is located in, \n the United States; or\n (B) holds rights to provide visitor services under \n section 1307(a) of the Alaska National Interest Lands \n Conservation Act (16 U.S.C. 3197(a)).\n (2) Second, any person that will operate a vessel that--\n (A) is documented under the laws of a foreign \n country, and\n (B) on the date of the enactment of this Act is \n permitted to be operated by the person in the unit.\n (3) Third, any person that will operate a vessel other than \n a vessel described in paragraph (1) or (2).\n (b) Revocation of Permits for Foreign-Documented Vessels.--The \nSecretary of the Interior shall revoke or refuse to renew permission \ngranted by the Secretary for the operation of a vessel documented under \nthe laws of a foreign country in a unit of the National Park System, \nif--\n (1) a person requests permission to operate a vessel \n documented under the laws of the United States in that unit; \n and\n (2) the permission may not be granted because of a limit on \n the number of permits that may be issued for that operation.\n (c) Restrictions on Revocation of Permits.--The Secretary of the \nInterior may not revoke or refuse to renew permission under subsection \n(b) for any person holding rights to provide visitor services under \nsection 1307(a) of the Alaska National Interest Lands Conservation Act \n(16 U.S.C. 3197(a)).\n (d) Return of Permits.--Any person whose permission to provide \nvisitors services in a unit of the National Park System has been \nrevoked or not renewed under subsection (b) shall have the right of \nfirst refusal to a permit to provide visitors services in that unit of \nthe National Park System that becomes available when the conditions \ndescribed in subsection (b) no longer apply. Such right shall be \nlimited to the number of permits which are revoked or not renewed.","summary":"United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel: (1) is owned by a US citizen, or a US corporation, partnership, or association, (2) meets certain requirements under the Merchant Marine Act. And (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement. Exempts from this prohibition any cruise vessel: (1) demised to a US person for a term of at least 18 months. Or (2) reflagged as a US vessel after enactment of this Act, if the owner or charterer contracts for US construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity. Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement. Or (2) any of the Hawaiian islands. Sets forth civil and forfeiture penalties for violations of this Act. Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that: (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States, (2) a coastwise endorsement is issued. And (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act. Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a US citizen unless a majority interest in the partnership or association is owned by US citizens free from any trust or fiduciary obligation in favor of a non-US citizen. Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a US-flag vessel whose home port is in the United States. Or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act. Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if: (1) a person requests permission to operate a US-flag vessel in the same unit. And (2) permission may not be granted because of a limit on the number of such permits.","title":"United States Cruise Vessel Development Act of 1994","text_len":11852,"sum_len":2770} {"bill_id":"104_hr3175","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women and Alcohol Research Equity \nAct of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows with respect to the United States:\n (1) One of every 4 alcoholics receiving treatment is a \n woman.\n (2) In fiscal year 1995, the National Institute on Alcohol \n Abuse and Alcoholism had a total research budget of \n $191,186,000, and $43,997,080 of the budget (approximately 23 \n percent) was available for research on alcohol abuse and \n alcoholism among women. There are selected areas where alcohol \n contributes to a more rapid and severe development of disease \n in women than in men, and research on women exclusively in \n these areas is important.\n (3) According to data collected during the years 1980 \n through 1993 (in the survey known as the National Drug and \n Alcoholism Treatment Unit Survey), women represent \n approximately 30 percent of the clients presenting for alcohol \n problems in traditional public treatment facilities. A recent \n study has shown that women are more likely than men to use \n nontraditional health care systems for alcohol-related \n problems. No data exists to count women in nontraditional \n treatment settings; therefore, it is not possible to know \n whether women are overrepresented or underrepresented in all \n treatment settings in proportion to their numbers (30 percent).\n (4) Alcohol use by pregnant women is the leading known \n cause of mental retardation in newborns. Fetal alcohol syndrome \n (FAS), which is marked by dysfunction of the central nervous \n system and by prenatal and postnatal growth deficiency and \n facial malformations, strikes 1 to 3 out of every 1,000 \n newborns, or 3,600 to 10,000 babies a year, depending upon the \n national birth-rate. The incidence of less severe fetal alcohol \n effects (FAE) is at least 3 times that of fetal alcohol \n syndrome. For Black Americans, the risk of FAS remains about \n sevenfold higher than for whites, even after adjustment for the \n frequency of maternal alcohol intake, occurrence of chronic \n alcohol problems, and parity. Among Native Americans, the \n incidence of FAS varies among different cultures; some are \n similar to the overall U.S. population, while a much higher \n prevalence is reported for others. Research is also needed on \n the male contribution to birth abnormalities related to \n alcohol.\n (5) Most treatment programs do not provide child care or \n adequate alternatives for women entering treatment.\n (6) The death rate of female alcoholics is 50 to 100 \n percent higher than for male alcoholics. Proportionately more \n alcoholic women die of cirrhosis of the liver than do alcoholic \n men. Additionally, the combined effects of estrogen and alcohol \n may impact not only liver damage but osteoporosis as well.\n (7) The interval between onset of drinking-related problems \n and entry into treatment appears to be shorter for women than \n for men. Further, studies of women alcoholics in treatment \n suggest that they often experience greater physiological \n impairment earlier in their drinking careers, despite having \n consumed less alcohol than men. These findings suggest that the \n development of consequences associated with heavy drinking may \n be accelerated or ``telescoped'' in women.\n (8) Women become intoxicated faster than men. This may be \n due to a different enzyme and hormonal activity in women than \n in women.\n (9) Chronic, heavy drinking contributes to menstrual \n disorders, fertility problems, and premature menopause.\n (10) Alcohol use may be associated with an increased risk \n of breast cancer. Research indicates that the incidence of \n breast cancer increases when a woman consumes 1 ounce or more \n of absolute alcohol daily.\n (11) The National Institute on Alcohol Abuse and Alcoholism \n has identified areas for future research on alcohol abuse and \n alcoholism among women. As a result of stimulating research \n applications during the years 1993 through 1995, such \n Institute's portfolio on women and children has increased by \n $17,997,000, or more than 69 percent, over the fiscal year 1992 \n base of $26,000,000.\n\nSEC. 3. PROVISIONS REGARDING INCREASE IN AMOUNT OF FUNDS EXPENDED FOR \n RESEARCH ON ALCOHOL ABUSE AND ALCOHOLISM AMONG WOMEN.\n\n Section 464H(d) of the Public Health Service Act (42 U.S.C. \n285n(d)) is amended by adding at the end the following paragraph:\n ``(3) Women's health.--\n ``(A) For fiscal year 1997, of the first \n $191,186,000 appropriated under paragraph (1), the \n Director of the Institute shall obligate not less than \n $43,997,080 for the purpose of carrying out under this \n subpart projects of research on alcohol abuse and \n alcoholism among women.\n ``(B) In addition to the authorization of \n appropriations established in paragraph (1), there are \n authorized to be appropriated for carrying out the \n purpose specified in subparagraph (A) $25,000,000 for \n fiscal year 1997, and such sums as may be necessary for \n each of the fiscal years 1998 and 1999.''.","summary":"Women and Alcohol Research Equity Act of 1996 - Amends the Public Health Service Act to require that $44 million of the first $191 million appropriated to the National Institute on Alcohol Abuse and Alcoholism be obligated for research on alcohol abuse and alcoholism among women. Authorizes appropriations for such research regarding women.","title":"Women and Alcohol Research Equity Act of 1996","text_len":5767,"sum_len":341} {"bill_id":"113_hr5328","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guaranteed Health Coverage for Pre-\nExisting Conditions Act of 2014''.\n\nSEC. 2. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS.\n\n (a) Group Market.--Subpart 1 of part A of title XXVII of the Public \nHealth Service Act (42 U.S.C. 300gg et seq.) is amended by striking \nsection 2701 and inserting the following:\n\n``SEC. 2701. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS.\n\n ``(a) In General.--A group health plan or a health insurance issuer \noffering group health insurance coverage may not impose any preexisting \ncondition exclusion with respect to such plan or coverage.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Preexisting condition exclusion.--\n ``(A) In general.--The term `preexisting condition \n exclusion' means, with respect to a group health plan \n or health insurance coverage, a limitation or exclusion \n of benefits relating to a condition based on the fact \n that the condition was present before the date of \n enrollment in such plan or for such coverage, whether \n or not any medical advice, diagnosis, care, or \n treatment was recommended or received before such date.\n ``(B) Treatment of genetic information.--Genetic \n information shall not be treated as a preexisting \n condition in the absence of a diagnosis of the \n condition related to such information.\n ``(2) Date of enrollment.--The term `date of enrollment' \n means, with respect to an individual covered under a group \n health plan or health insurance coverage, the date of \n enrollment of the individual in the plan or coverage or, if \n earlier, the first day of the waiting period for such \n enrollment.\n ``(3) Waiting period.--The term `waiting period' means, \n with respect to a group health plan and an individual who is a \n potential participant or beneficiary in the plan, the period \n that must pass with respect to the individual before the \n individual is eligible to be covered for benefits under the \n terms of the plan.''.\n (b) Individual Market.--Subpart 1 of part B of title XXVII of the \nPublic Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by \nadding at the end the following:\n\n``SEC. 2746. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS OR OTHER \n DISCRIMINATION BASED ON HEALTH STATUS.\n\n ``The provisions of section 2701 shall apply to health insurance \ncoverage offered to individuals by a health insurance issuer in the \nindividual market in the same manner as it applies to health insurance \ncoverage offered by a health insurance issuer in the group market.''.\n\nSEC. 3. GUARANTEED AVAILABILITY OF COVERAGE.\n\n (a) Group Market.--Subpart 3 of part A of title XXVII of the Public \nHealth Service Act is amended by striking section 2711 (42 U.S.C. \n300gg-11) and inserting the following:\n\n``SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE.\n\n ``(a) Guaranteed Issuance of Coverage in the Group Market.--Subject \nto subsection (b), each health insurance issuer that offers health \ninsurance coverage in the group market in a State shall accept every \nemployer and every individual in a group in the State that applies for \nsuch coverage.\n ``(b) Enrollment.--\n ``(1) Restriction.--A health insurance issuer described in \n subsection (a) may restrict enrollment in coverage described in \n such subsection to open or special enrollment periods.\n ``(2) Establishment.--A health insurance issuer described \n in subsection (a) shall establish special enrollment periods \n for qualifying events (as such term is defined in section 603 \n of the Employee Retirement Income Security Act of 1974).''.\n (b) Individual Market.--Subpart 1 of part B of title XXVII of the \nPublic Health Service Act is amended by striking section 2741 of such \nAct (42 U.S.C. 300gg-41) and inserting the following:\n\n``SEC. 2741. GUARANTEED AVAILABILITY OF COVERAGE.\n\n ``The provisions of section 2711 shall apply to health insurance \ncoverage offered to individuals by a health insurance issuer in the \nindividual market in the same manner as such provisions apply to health \ninsurance coverage offered to employers by a health insurance issuer in \nconnection with health insurance coverage in the group market. For \npurposes of this section, the Secretary shall treat any reference of \nthe word `employer' in such section as a reference to the term \n`individual'.''.\n\nSEC. 4. EFFECTIVE DATE CONTINGENT ON REPEAL OF PPACA.\n\n (a) In General.--Sections 2 and 3 and the amendments made by such \nsection shall take effect upon the enactment of PPACA repeal \nlegislation described in subsection (b) and such sections and \namendments shall have no force or effect if such PPACA repeal \nlegislation is not enacted.\n (b) PPACA Repeal Legislation Described.--For purposes of subsection \n(a), PPACA repeal legislation described in this subsection is \nlegislation that--\n (1) repeals Public Law 111-148, and restores or revives the \n provisions of law amended or repealed, respectively, by such \n Act as if such Act had not been enacted and without further \n amendment to such provisions of law; and\n (2) repeals title I and subtitle B of title II of the \n Health Care and Education Reconciliation Act of 2010 (Public \n Law 111-152), and restores or revives the provisions of law \n amended or repealed, respectively, by such title or subtitle, \n respectively, as if such title and subtitle had not been \n enacted and without further amendment to such provisions of \n law.","summary":"Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014 - Amends the Public Health Service Act to maintain, upon repeal of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, the requirements that: (1) health insurance includes coverage for preexisting conditions. And (2) health insurers accept every employer and every individual in a group that applies for coverage in the group market and every individual that applies for coverage in the individual market.","title":"Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014","text_len":5900,"sum_len":559} {"bill_id":"113_s2501","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hospital Readmissions Program \nAccuracy and Accountability Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Eliminating avoidable hospital readmissions should be a \n core tenet of public and private efforts to improve quality of \n care and reduce health care expenditures.\n (2) Measures adopted by the Centers for Medicare & Medicaid \n Services should accurately reflect the quality of care provided \n by specific hospitals and providers, and such measures should \n never lower outcome or quality expectations for certain cohorts \n of hospitals and providers.\n (3) There are numerous socioeconomic conditions that impact \n health outcomes and the Medicare hospital readmission reduction \n program is one of many Federal outcome performance programs \n that fails to accurately adjust for these influences.\n (4) Holding all other factors constant, socioeconomic \n conditions, such as poverty, low levels of literacy, limited \n English proficiency, minimal social support, poor living \n conditions, and limited community resources, likely have direct \n and significant impacts on avoidable hospital readmissions.\n (5) The Medicare hospital readmission reduction program \n includes risk adjustment for clinical variables, such as \n comorbidity and severity of illness, because hospitals should \n not be penalized for the effects of these uncontrollable \n factors. Socioeconomic factors can influence readmissions to an \n equal or greater degree than these clinical factors and the \n Medicare hospital readmissions reduction program will more \n accurately measure quality of care once risk adjustment for \n socioeconomic status is implemented.\n (6) Research by the Medicare Payment Advisory Commission, \n the National Quality Forum, and other independent experts has \n provided compelling evidence that failing to adjust for \n socioeconomic status in the Medicare hospital readmission \n reduction program may provide an inaccurate picture of the \n quality of care provided by hospitals, and has led to the \n unfair penalization and stigmatization of hospitals serving \n low-income populations that are, in fact, delivering high-\n quality health care.\n (7) Risk adjustment for socioeconomic status in the \n Medicare hospital readmission reduction program will improve \n quality of care, increase accountability for all inpatient \n hospitals serving Medicare beneficiaries, and further reduce \n preventable readmissions nationwide.\n (8) The Secretary of Health and Human Services should \n consider the adoption of socioeconomic adjustment methodologies \n in other quality reporting and pay-for-performance programs \n under the Medicare program.\n\nSEC. 3. IMPROVEMENTS TO THE MEDICARE HOSPITAL READMISSIONS REDUCTION \n PROGRAM.\n\n Section 1886(q) of the Social Security Act (42 U.S.C. 1395ww(q)) is \namended--\n (1) in paragraph (4)(C)--\n (A) in clause (i), in the matter preceding \n subclause (I), by striking ``clause (ii)'' and \n inserting ``clauses (ii) and (iii)''; and\n (B) by adding at the end the following new clause:\n ``(iii) Adjustment for socioeconomic \n status.--\n ``(I) In general.--In determining a \n hospital's excess readmission ratio \n under clause (i) for purposes of making \n payments for discharges occurring on or \n after October 1, 2016, the Secretary \n shall risk adjust readmissions to \n account for the socioeconomic status of \n the patients served by the hospital.\n ``(II) Socioeconomic status.--For \n purposes of subclause (I), subject to \n subclauses (III) and (V), the Secretary \n shall, to the maximum extent \n practicable, utilize the most recent \n data available from the Bureau of the \n Census in order to develop a \n quantitative method to adjust for \n socioeconomic status. In developing \n such quantitative method, the \n Secretary--\n ``(aa) shall, to the \n maximum extent practicable, use \n inputs that address at least \n one of the following factors--\n\n ``(AA) income;\n\n ``(BB) education \n level; and\n\n ``(CC) poverty \n rate; and\n\n ``(bb) may include inputs \n that address other \n socioeconomic and \n sociodemographic factors \n determined appropriate by the \n Secretary.\n ``(III) Revision of inputs.--The \n Secretary may revise the inputs for \n such quantitative method under \n subclause (II) on an annual basis to \n improve the accuracy and validity of \n the adjustment under subclause (I).\n ``(IV) Patients served by the \n hospital.--For purposes of subclause \n (I), the Secretary shall, to the \n maximum extent practicable, measure the \n socioeconomic status for all patients \n served by each hospital. The Secretary \n may supplement incomplete or \n inaccessible patient-level data with \n data related to the geographic region \n of the patients served by the hospital.\n ``(V) Use of alternative adjustment \n method.--\n ``(aa) In general.--For \n purposes of subclause (I), in \n the case of payments for \n discharges occurring on or \n after October 1, 2017, the \n Secretary may apply a \n socioeconomic status adjustment \n using a method other than the \n method described in subclause \n (II), such as peer groupings \n and stratification.\n ``(bb) Comparative \n analysis.--Prior to the \n application of the alternative \n adjustment method under item \n (aa), the Secretary shall \n conduct a comparative analysis \n of such alternative adjustment \n method and the method described \n in subclause (II). The \n Secretary shall publish the \n results of such comparative \n analysis and the proposed \n alternative adjustment method \n in the Federal Register and \n seek public comment on such \n method.\n ``(cc) Requirement.--The \n Secretary may not apply any \n alternative adjustment method \n under item (aa) unless the \n Secretary determines that such \n alternative method will \n demonstrate an aggregate \n improvement in the accuracy and \n effectiveness of hospital \n readmissions reduction program \n incentives and measurements \n compared to the adjustment \n required under subclause \n (I).'';\n (2) in paragraph (6)(A), by adding the following before the \n period at the end: ``, including information on the results of \n the readmission measures under this subsection (both before and \n after the adjustment under paragraph (4)(C)(iii)) and the \n penalties under this subsection (both before and after such \n adjustment)''; and\n (3) by adding at the end the following new paragraph:\n ``(9) Adjustment.--The Secretary shall make proportional \n adjustments to base operating DRG payment amounts (as defined \n in paragraph (2)) of applicable hospitals to assure that the \n application of paragraph (4)(C)(iii) does not result in \n aggregate payments under this section in a fiscal year that are \n greater or less than those that would otherwise be made under \n this section in such fiscal year, as estimated by the \n Secretary.''.","summary":"Hospital Readmissions Program Accuracy and Accountability Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Hospital Readmissions Reduction Program, to direct the Secretary of Health and Human Services (HHS), in determining a hospital's excess readmission ratio for purposes of making payments for discharges starting in FY2016, to risk adjust readmissions to account for patient socioeconomic status.","title":"Hospital Readmissions Program Accuracy and Accountability Act of 2014","text_len":10865,"sum_len":443} {"bill_id":"114_hr5078","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes Pipeline Safety Act of \n2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Great Lakes are an invaluable national resource, \n containing one-fifth of the world's fresh surface water and 95 \n percent of the United States freshwater supply;\n (2) over 40,000,000 people depend on the Great Lakes for \n fresh drinking water;\n (3) the Great Lakes provide 56,000,000,000 gallons of water \n per day for municipal, agricultural and industrial use;\n (4) there are more than 3,500 species of plants and animals \n within the Great Lakes ecosystem;\n (5) hundreds of thousands of jobs, tied to the \n $7,000,000,000 recreational fishing and $16,000,000,000 \n recreational boating industries, directly depend on the Great \n Lakes;\n (6) currently, several million gallons per day of hazardous \n liquids are transported by pipeline across various points along \n the Great Lakes;\n (7) modeling studies by the University of Michigan in 2014 \n and 2016 have concluded that an oil spill originating from a \n pipeline under the Straits of Mackinac would present \n particularly severe consequences, potentially impacting over \n 700 miles of Great Lakes shoreline;\n (8) a joint NOAA-U.S. Coast Guard guidebook on oil spill \n response planning in marine environments states that, during \n the first 24 to 48 hours of open water exposure, most oil \n spills become difficult to recover, burn, or chemically \n disperse;\n (9) swift currents beneath the straits and waterways which \n connect the Great Lakes could rapidly disperse oil spill \n contaminants following a pipeline breach;\n (10) certain pipelines on the Great Lakes are located in \n close proximity to municipal drinking water collection intakes \n for millions of people; and\n (11) the United States should seek to protect the Great \n Lakes, as a unique national asset, from unreasonable risk of \n environmental and economic harm.\n\nSEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES.\n\n (a) Study.--Notwithstanding a pipeline integrity management \nprogram, integrity management assessment schedule, or considerations by \nthe Secretary of Transportation resulting in a corrective action order \npursuant to section 60112 of title 49, United States Code, not later \nthan 18 months after the date of enactment of this Act, the Secretary \nshall, in consultation with the United States Coast Guard, the \nEnvironmental Protection Agency, the Federal Energy Regulatory \nCommission, and other agencies as appropriate, conduct a study to \ndetermine the economic and environmental risks to the Great Lakes of \nspills or leaks of oil or other hazardous liquids in the Straits of \nMackinac from a rupture, breakage, or other failure of onshore, \nunderwater pipeline facilities within the Straits.\n (b) Contents.--The study required under subsection (a) shall--\n (1) meet the content requirements of an environmental \n impact statement as described in part 1502 of title 40, Code of \n Federal Regulations;\n (2) describe the potential impacts of such spills or leaks \n to the public health or welfare, wildlife populations, \n ecosystems, shorelines, public and private property, economic \n activity, and water quality in the Great Lakes and connecting \n waterways;\n (3) include an assessment of spill responses in a variety \n of likely and worst-case spill scenarios in those waters; and\n (4) include the supplemental study conducted under \n subsection (c).\n (c) Supplemental Study.--The Secretary of Transportation shall \nconduct, in collaboration with pipeline facility operators and any \nnecessary agencies, a supplemental study to evaluate the condition and \nstructural integrity of onshore, underwater pipeline facilities in the \nStraits of Mackinac, taking into consideration the age, construction \nmaterials, external and internal corrosion, weld integrity, pressure, \nunderwater currents, possible external damage caused by anchor strikes \nor dragging by recreational or cargo vessels, and the presence of in-\nline shutoff valves. Such supplemental study shall utilize both \ninternal inspection technology and pipeline route surveys, depth of \ncover surveys, pressure tests, external corrosion direct assessment, or \nother technology that the operator demonstrates can further the \nunderstanding of the condition of the pipeline facility.\n (d) Termination of Operation.--Not later than 18 months after the \ndate of enactment of this Act, the Administrator of the Pipeline and \nHazardous Materials Safety Administration shall terminate the \noperations of an onshore, underwater pipeline facility located in the \nStraits of Mackinac if the Administrator determines that, based on the \nstudies conducted under subsections (a) and (c), such facility poses a \nsufficient risk of hazard to life, property, or the environment to \nnecessitate the termination.","summary":"Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination.","title":"Great Lakes Pipeline Safety Act of 2016","text_len":5278,"sum_len":603} {"bill_id":"103_hr4545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Railroad Safety \nAuthorization Act of 1994''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 20117(a)(1) of title 49, United States Code, is amended by \nadding after subparagraph (B) the following new subparagraphs:\n ``(C) $68,289,000 for fiscal year 1995.\n ``(D) $75,112,000 for fiscal year 1996.\n ``(E) $82,563,000 for fiscal year 1997.\n ``(F) $90,739,000 for fiscal year 1998.''.\n\nSEC. 3. HOURS OF SERVICE PILOT PROJECTS.\n\n (a) Amendment.--Chapter 211 of title 49, United States Code, is \namended by adding at the end the following new section:\n\n``SEC. 21108. PILOT PROJECTS.\n\n ``(a) Waiver.--A railroad or railroads and all labor organizations \nrepresenting any class or craft of directly affected covered service \nemployees of the railroad or railroads, may jointly petition the \nSecretary of Transportation for approval of a waiver, in whole or in \npart, of compliance with this chapter, to enable the establishment of \none or more pilot projects to demonstrate the possible benefits of \nimplementing alternatives to the strict application of the requirements \nof this chapter to such class or craft of employees, including \nrequirements concerning maximum on-duty and minimum off-duty periods. \nBased on such a joint petition, the Secretary may, after notice and \nopportunity for comment, waive in whole or in part compliance with this \nchapter for a period of no more than two years, if the Secretary \ndetermines that such waiver of compliance is in the public interest and \nis consistent with railroad safety. Any such waiver may, based on a new \npetition, be extended for additional periods of up to two years, after \nnotice and opportunity for comment. An explanation of any waiver \ngranted under this section shall be published in the Federal Register.\n ``(b) Report.--The Secretary of Transportation shall submit to \nCongress, no later than January 1, 1997, a report that--\n ``(1) explains and analyzes the effectiveness of all pilot \n projects established pursuant to a waiver granted under \n subsection (a);\n ``(2) describes the status of all other waivers granted \n under subsection (a) and their related pilot projects, if any; \n and\n ``(3) recommends appropriate legislative changes to this \n chapter.\n ``(c) Definition.--For purposes of this section, the term `directly \naffected covered service employees' means covered service employees to \nwhose hours of service the terms of the waiver petitioned for \nspecifically apply.''.\n (b) Table of Sections Amendment.--The table of sections for chapter \n211 of title 49, United States Code, is amended by adding at the end \nthe following new item:\n\n``21108. Pilot projects.''.\n\nSEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS.\n\n Section 21303(a)(1) of title 49, United States Code, is amended by \ninserting ``or violating any provision of a waiver applicable to that \nperson that has been granted under section 21108 of this title,'' after \n``chapter 211 of this title''.\n\nSEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY.\n\n Section 20111(c) of title 49, United States Code, is amended by \ninserting ``this chapter or any of the laws transferred to the \njurisdiction of the Secretary of Transportation by subsection (e) (1), \n(2), and (6)(A) of section 6 of the Department of Transportation Act, \nas in effect on June 1, 1994, or'' after ``individual's violation of''.\n\nSEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.\n\n (a) Section 20116 of title 49, United States Code, is amended--\n (1) by striking in its heading ``Annual'' and inserting in \n lieu thereof ``Biennial'';\n (2) by striking ``not later than July 1 of each year a \n report on carrying out this chapter for the prior calendar \n year. The report shall include the following information about \n the prior year'' and inserting in lieu thereof ``every two \n years, on or before July 1 of the year due, a comprehensive \n report on the administration of this chapter for the preceding \n two calendar years. The report shall include the following \n information about such calendar years''; and\n (3) in paragraph (1), by inserting ``, by calendar year'' \n after ``casualties by cause''.\n (b) The item relating to section 20116 in the table of sections for \nchapter 201 of title 49, United States Code, is amended to read as \nfollows:\n\n``20116. Biennial report.''.\n\nSEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.\n\n Not later than 18 months after the date of enactment of this Act, \nthe Secretary shall transmit to the Committee on Commerce, Science, and \nTransportation of the Senate and the Committee on Energy and Commerce \nof the House of Representatives a report concerning any action that has \nbeen taken by the Secretary on railroad bridge displacement detection \nsystems.\n\nSEC. 8. TRACK SAFETY.\n\n Section 20142 of title 49, United States Code, is amended--\n (1) in subsection (b), by striking ``September 3, 1994'' \n and inserting in lieu thereof ``September 1, 1995'';\n (2) in subsection (a)(1), by inserting ``, including cold \n weather installation procedures'' after ``attendant \n structure''; and\n (3) by adding at the end the following new subsection:\n ``(d) Identification of Internal Rail Defects.--In carrying out \nsubsections (a) and (b), the Secretary shall consider whether or not to \nprescribe regulations and issue orders concerning--\n ``(1) inspection procedures to identify internal rail \n defects, before they reach imminent failure size, in rail that \n has significant shelling; and\n ``(2) any specific actions that should be taken when a rail \n surface condition, such as shelling, prevents the \n identification of internal defects.''.\n\nSEC. 9. RESIDENCE OF EMPLOYEES.\n\n The amendments made by section 7 of the Amtrak Reauthorization and \nImprovement Act of 1990 shall apply to all periods before and after the \ndate of their enactment.\n\n Passed the House of Representatives August 8, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"Federal Railroad Safety Authorization Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1995 through 1998 for railroad research and development and general safety operations. Amends the Hours of Service Act to authorize railroads, and labor organizations representing railroad employees, to jointly petition the Secretary of Transportation (Secretary) for approval of a waiver of limitations on hours of service with respect to such employees in order to establish one or more pilot projects to demonstrate the possible benefits of implementing alternatives to such limitations, including those concerning maximum on-duty and minimum off-duty periods. Authorizes the Secretary to waive compliance with such limitations for up to two years if it is in the public interest and is consistent with railroad safety. Requires the Secretary to report biennially to the President and the Congress on the administration of Federal railroad safety rules and standards.","title":"An Act to authorize appropriations to carry out certain Federal railroad safety laws, and for other purposes.","text_len":6478,"sum_len":1004} {"bill_id":"113_hr2477","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Planning Actively \nfor Cancer Treatment (PACT) Act of 2013''.\n (b) Findings.--Congress makes the following findings:\n (1) Individuals with cancer often do not have access to a \n cancer care system that incorporates shared decision-making and \n the coordination of all elements of care.\n (2) The cancer care system has not traditionally offered \n individuals with cancer a shared decision-making process, a \n prospective and comprehensive plan for treatment, symptom \n management and supportive care, strategies for updating and \n evaluating such plan with the assistance of a health care \n professional, and a follow-up plan for monitoring and treating \n possible late effects of cancer and its treatment.\n (3) Cancer survivors often experience the under-diagnosis \n and under-treatment of the symptoms of cancer, a problem that \n begins at the time of diagnosis and may become more severe with \n disease progression and at the end of life. The failure to \n treat the symptoms, side effects, and late effects of cancer \n and cancer treatment may have a serious adverse impact on the \n health, survival, well-being, and quality of life of cancer \n survivors.\n (4) The 1999 Institute of Medicine report entitled ``The \n Unequal Burden of Cancer'' found that low-income people often \n lack access to adequate cancer care and that ethnic minorities \n have not benefitted fully from cancer treatment advances.\n (5) Individuals with cancer often do not participate in a \n shared decision-making process that considers all treatment \n options and do not benefit from coordination of all elements of \n active treatment and palliative care.\n (6) Quality cancer care should incorporate access to \n psychosocial services and management of the symptoms of cancer \n and the symptoms of cancer treatment, including pain, nausea, \n vomiting, fatigue, and depression.\n (7) Quality cancer care should include a means for engaging \n cancer survivors in a shared decision-making process that \n produces a comprehensive care summary and a plan for follow-up \n care after primary treatment to ensure that cancer survivors \n have access to follow-up monitoring and treatment of possible \n late effects of cancer and cancer treatment, including \n appropriate psychosocial services.\n (8) The Institute of Medicine report entitled ``Ensuring \n Quality Cancer Care'' described the elements of quality care \n for an individual with cancer to include--\n (A) the development of initial treatment \n recommendations by an experienced health care provider;\n (B) the development of a plan for the course of \n treatment of the individual and communication of the \n plan to the individual;\n (C) access to the resources necessary to implement \n the course of treatment;\n (D) access to high-quality clinical trials;\n (E) a mechanism to coordinate services for the \n treatment of the individual; and\n (F) psychosocial support services and compassionate \n care for the individual.\n (9) In its report ``From Cancer Patient to Cancer Survivor: \n Lost in Transition'', the Institute of Medicine recommended \n that individuals with cancer completing primary treatment be \n provided a comprehensive summary of their care along with a \n follow-up survivorship plan of treatment.\n (10) In ``Cancer Care for the Whole Patient'', the \n Institute of Medicine stated that the development of a plan \n that includes biomedical and psychosocial care should be a \n standard for quality cancer care in any quality measurement \n system.\n (11) Because more than half of all cancer diagnoses occur \n among elderly Medicare beneficiaries, cancer care inadequacies \n should be addressed through the Medicare program.\n (12) Shortcomings in providing cancer care, resulting in a \n lack of shared decision-making, inadequate management of cancer \n symptoms, and insufficient monitoring and treatment of late \n effects of cancer and its treatment, relate in part to the \n inadequacy of Medicare payments for such planning and \n coordination services.\n (13) Changes in Medicare payment for cancer care planning \n and coordination will support shared decision-making that \n reviews all treatment options and will contribute to improved \n care for individuals with cancer from the time of diagnosis \n through the end of the life.\n\nSEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES.\n\n (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. \n1395x) is amended--\n (1) in subsection (s)(2)--\n (A) by striking ``and'' at the end of subparagraph \n (EE);\n (B) by adding ``and'' at the end of subparagraph \n (FF); and\n (C) by adding at the end the following new \n subparagraph:\n ``(GG) cancer care planning and coordination services (as \n defined in subsection (iii))''; and\n (2) by adding at the end the following new subsection:\n\n ``Cancer Care Planning and Coordination Services\n\n ``(iii)(1) The term `cancer care planning and coordination \nservices' means--\n ``(A) with respect to an individual who is diagnosed with \n cancer, the development of a treatment plan by a physician, \n nurse practitioner, or physician assistant that--\n ``(i) includes an assessment of the individual's \n diagnosis, health status, treatment needs, functional \n status, pain control, and psychosocial needs;\n ``(ii) engages the individual in a shared decision-\n making process that reviews all treatment options;\n ``(iii) details, to the greatest extent practicable \n all aspects of the care to be provided to the \n individual with respect to the treatment of such \n cancer, including any curative treatment, comprehensive \n symptom management, and palliative care;\n ``(iv) is furnished in person, in written form, to \n the individual within a period specified by the \n Secretary that is as soon as practicable after the date \n on which the individual is so diagnosed;\n ``(v) is furnished, to the greatest extent \n practicable, in a form that appropriately takes into \n account cultural and linguistic needs of the individual \n in order to make the plan accessible to the individual; \n and\n ``(vi) is in accordance with standards determined \n by the Secretary to be appropriate;\n ``(B) with respect to an individual for whom a treatment \n plan has been developed under subparagraph (A), the revision of \n such treatment plan as necessary to account for any substantial \n change in the condition of the individual, recurrence of \n disease, changes in the individual's treatment preferences, or \n significant revision of the elements of curative care or \n symptom management for the individual, if such revision--\n ``(i) is in accordance with clauses (i), (ii), (iv) \n and (v) of such subparagraph; and\n ``(ii) is furnished in written form to the \n individual within a period specified by the Secretary \n that is as soon as practicable after the date of such \n revision;\n ``(C) with respect to an individual who has completed the \n primary treatment for cancer, as defined by the Secretary, the \n development of a follow-up survivorship care plan that--\n ``(i) includes an assessment of the individual's \n diagnosis, health status, treatment needs, functional \n status, pain control, and psychosocial needs;\n ``(ii) engages the individual in a shared decision-\n making process that reviews all survivorship care \n options;\n ``(iii) describes the elements of the primary \n treatment, including symptom management and palliative \n care, furnished to such individual;\n ``(iv) provides recommendations for the subsequent \n care of the individual with respect to the cancer \n involved;\n ``(v) is furnished, in person, in written form, to \n the individual within a period specified by the \n Secretary that is as soon as practicable after the \n completion of such primary treatment;\n ``(vi) is furnished, to the greatest extent \n practicable, in a form that appropriately takes into \n account cultural and linguistic needs of the individual \n in order to make the plan accessible to the individual; \n and\n ``(vii) is in accordance with standards determined \n by the Secretary to be appropriate; and\n ``(D) with respect to an individual for whom a follow-up \n cancer care plan has been developed under subparagraph (C), the \n revision of such plan as necessary to account for any \n substantial change in the condition of the individual, \n diagnosis of a second cancer, change in the individual's \n preference for survivorship care, or significant revision of \n the plan for follow-up care, if such revision--\n ``(i) is in accordance with clauses (i), (ii), \n (iii), (v), and (vi) of such subparagraph; and\n ``(ii) is furnished in written form to the \n individual within a period specified by the Secretary \n that is as soon as practicable after the date of such \n revision.\n ``(2) The Secretary shall establish standards to carry out \nparagraph (1) in consultation with appropriate organizations \nrepresenting suppliers and providers of services related to cancer \ntreatment and organizations representing survivors of cancer. Such \nstandards shall include standards for determining the need and \nfrequency for revisions of the treatment plans and follow-up \nsurvivorship care plans based on changes in the condition of the \nindividual or elements and intent of treatment and standards for the \ncommunication of the plan to the individual.\n ``(3) In this subsection, the term `shared decision-making process' \nmeans, with respect to an individual, a process in which the individual \nand the individual's health care providers consider the individual's \ndiagnosis, treatment options, the medical evidence related to treatment \noptions, the risks and benefits of all treatment options, and the \nindividual's preferences regarding treatment, and then jointly develop \nand implement a treatment plan.''.\n (b) Payment Under Physician Fee Schedule.--\n (1) In general.--Section 1848(j)(3) of the Social Security \n Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(GG),'' \n after ``health risk assessment),''.\n (2) Initial rates.--Unless the Secretary of Health and \n Human Services otherwise provides, the payment rate specified \n under the physician fee schedule under the amendment made by \n paragraph (1) for cancer care planning and coordination \n services shall be the same payment rate as provided for \n transitional care management services (as defined in CPT code \n 99496).\n (c) Effective Date.--The amendments made by this section shall \napply to services furnished on or after the first day of the first \ncalendar year that begins after the date of the enactment of this Act.","summary":"Planning Actively for Cancer Treatment (PACT) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of cancer care planning and coordination services.","title":"Planning Actively for Cancer Treatment (PACT) Act of 2013","text_len":12609,"sum_len":191} {"bill_id":"107_s2841","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FHA Multifamily Housing Loan Limit \nImprovement Act''.\n\nSEC. 2. INDEXING OF MULTIFAMILY MORTGAGE LIMITS.\n\n (a) Section 207 Limits.--Section 207(c)(3) of the National Housing \nAct (12 U.S.C. 1713(c)(3)) is amended--\n (1) by striking ``11,250'' and inserting ``$17,460'';\n (2) by inserting before ``; and except that'' the \n following: ``; except that the Secretary shall adjust each such \n dollar amount limitation set forth in this paragraph (as such \n limitation may have been previously adjusted pursuant to this \n paragraph) effective January 1 of each year, beginning in 2003, \n in accordance with the percentage increase, if any, during the \n 12-month period ending with the preceding October, in the \n Annual Construction Cost Index of the Bureau of the Census of \n the Department of Commerce''; and\n (3) by inserting after ``foregoing dollar amount \n limitations contained in this paragraph'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this paragraph)''.\n (b) Section 213 Limits.--Section 213(b)(2) of the National Housing \nAct (12 U.S.C. 1715e(b)(2)) is amended--\n (1) by striking ``$38,025'', ``$42,120'', ``$50,310'', \n ``$62,010'', and ``$70,200'', and inserting ``$41,207'', \n ``$47,511'', ``$57,300'', ``$73,343'', and ``$81,708'', \n respectively;\n (2) by striking ``$49,140'', ``$60,255'', ``$75,465'', and \n ``$85,328'', and inserting ``$49,710'', ``$60,446'', \n ``$78,197'', and ``$85,836'', respectively;\n (3) by inserting after the colon at the end of the first \n proviso the following: ``Provided further, That the Secretary \n shall adjust each such dollar amount limitation set forth in \n this paragraph (as such limitation may have been previously \n adjusted pursuant to this paragraph) effective January 1 of \n each year, beginning in 2003, in accordance with the percentage \n increase, if any, during the 12-month period ending with the \n preceding October, in the Annual Construction Cost Index of the \n Bureau of the Census of the Department of Commerce:''; and\n (4) by inserting after ``foregoing dollar amount \n limitations contained in this paragraph'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this paragraph)''.\n (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National \nHousing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--\n (1) by inserting after ``foregoing dollar amount \n limitations contained in this clause'', the first place such \n phrase appears, the following: ``(as such limitations may have \n been previously adjusted pursuant to this clause)''.\n (2) by inserting after ``Provided,'' the following: ``That \n the Secretary shall adjust each such dollar amount limitation \n set forth in this clause (as such limitation may have been \n previously adjusted pursuant to this clause) effective January \n 1 of each year, beginning in 2003, in accordance with the \n percentage increase, if any, during the 12-month period ending \n with the preceding October, in the Annual Construction Cost \n Index of the Bureau of the Census of the Department of \n Commerce: Provided further,''; and\n (3) by striking ``(as determined after the application of \n the preceding proviso)'' and inserting ``(as such limitations \n may have been previously adjusted pursuant to the preceding \n proviso and as determined after application of any percentage \n increase authorized in this clause relating to units with 2, 3, \n 4, or more bedrooms)''.\n (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the \nNational Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--\n (1) by inserting before ``; and except that'' the \n following: ``; except that the Secretary shall adjust each such \n dollar amount limitation set forth in this clause (as such \n limitation may have been previously adjusted pursuant to this \n clause) effective January 1 of each year, beginning in 2003, in \n accordance with the percentage increase, if any, during the 12-\n month period ending with the preceding October, in the Annual \n Construction Cost Index of the Bureau of the Census of the \n Department of Commerce''; and\n (2) by inserting after ``foregoing dollar amount \n limitations contained in this clause'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this clause)''.\n (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the \nNational Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--\n (1) by inserting before ``; and except that'' the \n following: ``; except that the Secretary shall adjust each such \n dollar amount limitation set forth in this clause (as such \n limitation may have been previously adjusted pursuant to this \n clause) effective January 1 of each year, beginning in 2003, in \n accordance with the percentage increase, if any, during the 12-\n month period ending with the preceding October, in the Annual \n Construction Cost Index of the Bureau of the Census of the \n Department of Commerce''; and\n (2) by inserting after ``foregoing dollar amount \n limitations contained in this clause'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this clause)''.\n (f) Section 231 Limits.--Section 231(c)(2) of the National Housing \nAct (12 U.S.C. 1715v(c)(2)) is amended--\n (1) by inserting before ``; and except that'' the \n following: ``; except that the Secretary shall adjust each such \n dollar amount limitation set forth in this paragraph (as such \n limitation may have been previously adjusted pursuant to this \n paragraph) effective January 1 of each year, beginning in 2003, \n in accordance with the percentage increase, if any, during the \n 12-month period ending with the preceding October, in the \n Annual Construction Cost Index of the Bureau of the Census of \n the Department of Commerce''; and\n (2) by inserting after ``foregoing dollar amount \n limitations contained in this paragraph'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this paragraph)''.\n (g) Section 234 Limits.--Section 234(e)(3) of the National Housing \nAct (12 U.S.C. 1715y(e)(3)) is amended--\n (1) by inserting before ``; except that'' the second place \n such phrase appears the following: ``; except that the \n Secretary shall adjust each such dollar amount limitation set \n forth in this paragraph (as such limitation may have been \n previously adjusted pursuant to this paragraph) effective \n January 1 of each year, beginning in 2003, in accordance with \n the percentage increase, if any, during the 12-month period \n ending with the preceding October, in the Annual Construction \n Cost Index of the Bureau of the Census of the Department of \n Commerce'';\n (2) by inserting after ``each of the foregoing dollar \n amounts'' the following: ``(as such amounts may have been \n previously adjusted pursuant to this paragraph)''; and\n (3) by inserting after ``foregoing dollar amount \n limitations contained in this paragraph'' the following: ``(as \n such limitations may have been previously adjusted pursuant to \n this paragraph and increased pursuant to the preceding \n clause)''.\n\nSEC. 2. HIGH-COST AREAS.\n\n (a) Section 207 Limits.--Section 207(c)(3) of the National Housing \nAct (12 U.S.C. 1713(c)(3)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (b) Section 213 Limits.--Section 213(b)(2) of the National Housing \nAct (12 U.S.C. 1715e(b)(2)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National \nHousing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the \nNational Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the \nNational Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (f) Section 231 Limits.--Section 231(c)(2) of the National Housing \nAct (12 U.S.C. 1715v(c)(2)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.\n (g) Section 234 Limits.--Section 234(e)(3) of the National Housing \nAct (12 U.S.C. 1715y(e)(3)) is amended--\n (1) by striking ``140 percent'' and inserting ``170 \n percent''; and\n (2) by striking ``110 percent'' and inserting ``140 \n percent''.","summary":"FHA Multifamily Housing Loan Limit Improvement Act - Amends the National Housing Act to increase and index to the Bureau of the Census' annual construction cost index multifamily project mortgage loan limits for: (1) rental housing, (2) cooperative housing, (3) rehabilitation and neighborhood conservation housing, (4) housing for moderate income and displaced families, (5) housing for the elderly, and (6) condominiums. Increases loan limits in high-cost areas.","title":"A bill to adjust the indexing of multifamily mortgage limits, and for other purposes.","text_len":10099,"sum_len":464} {"bill_id":"106_s2757","text":"SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW \n MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.\n\n (a) Melrose Air Force Range, New Mexico.--\n (1) Transfer.--Administrative jurisdiction over the surface \n estate of the following lands is hereby transferred from the \n Secretary of the Interior to the Secretary of the Air Force:\n\n new mexico principal meridian\n\n T. 1 N., R. 30 E.\n Sec. 2: S\\1\/2\\.\n Sec. 11: All.\n Sec. 20: S\\1\/2\\SE\\1\/4\\.\n Sec. 28: All.\n T. 1 S., R. 30 E.\n Sec. 2: Lots 1-12, S\\1\/2\\.\n Sec. 3: Lots 1-12, S\\1\/2\\.\n Sec. 4: Lots 1-12, S\\1\/2\\.\n Sec. 6: Lots 1 and 2.\n Sec. 9: N\\1\/2\\, N\\1\/2\\S\\1\/2\\.\n Sec. 10: N\\1\/2\\, N\\1\/2\\S\\1\/2\\.\n Sec. 11: N\\1\/2\\, N\\1\/2\\S\\1\/2\\.\n T. 2 N., R. 30 E.\n Sec. 20: E\\1\/2\\SE\\1\/4\\.\n Sec. 21: SW\\1\/4\\, W\\1\/2\\SE\\1\/4\\.\n Sec. 28: W\\1\/2\\E\\1\/2\\, W\\1\/2\\.\n Sec. 29: E\\1\/2\\E\\1\/2\\.\n Sec. 32: E\\1\/2\\E\\1\/2\\.\n Sec. 33: W\\1\/2\\E\\1\/2\\, NW\\1\/4\\, S\\1\/2\\SW\\1\/\n 4\\.\n Aggregating 6,713.90 acres, more or less.\n (2) Status of surface estate.--Upon transfer of the surface \n estate of the lands described in paragraph (1), the surface \n estate shall be treated as real property subject to the Federal \n Property and Administrative Services Act of 1949 (40 U.S.C. 471 \n et seq.).\n (3) Withdrawal of mineral estate.--Subject to valid \n existing rights, the mineral estate of the lands described in \n paragraph (1) is withdrawn from all forms of appropriation \n under the public land laws, including the mining laws and the \n mineral and geothermal leasing laws, but not the Act of July \n 31, 1947 (commonly known as the Materials Act of 1947; 30 \n U.S.C. 601 et seq.).\n (4) Use of mineral materials.--Notwithstanding any other \n provision of this subsection or the Act of July 31, 1947, the \n Secretary of the Air Force may use, without application to the \n Secretary of the Interior, the sand, gravel, or similar mineral \n material resources on the lands described in paragraph (1), of \n the type subject to disposition under the Act of July 31, 1947, \n when the use of such resources is required for construction \n needs on Melrose Air Force Range, New Mexico.\n (b) Yakima Training Center, Washington.--\n (1) Transfer.--Administrative jurisdiction over the surface \n estate of the following lands is hereby transferred from the \n Secretary of the Interior to the Secretary of the Army:\n\n willamette meridian\n\n T. 17 N., R. 20 E.\n Sec. 22: S\\1\/2\\.\n Sec. 24: S\\1\/2\\SW\\1\/4\\ and that portion of \n the E\\1\/2\\ lying south of the Interstate \n Highway 90 right-of-way.\n Sec. 26: All.\n T. 16 N., R. 21 E.\n Sec. 4: SW\\1\/4\\SW\\1\/4\\.\n Sec. 12: SE\\1\/4\\.\n Sec. 18: Lots 1, 2, 3, and 4, E\\1\/2\\ and \n E\\1\/2\\W\\1\/2\\.\n T. 17 N., R. 21 E.\n Sec. 30: Lots 3 and 4.\n Sec. 32: NE\\1\/4\\SE\\1\/4\\.\n T. 16 N., R. 22 E.\n Sec. 2: Lots 1, 2, 3, and 4, S\\1\/2\\N\\1\/2\\ \n and S\\1\/2\\.\n Sec. 4: Lots 1, 2, 3, and 4, S\\1\/2\\N\\1\/2\\ \n and S\\1\/2\\.\n Sec. 10: All.\n Sec. 14: All.\n Sec. 20: SE\\1\/4\\SW\\1\/4\\.\n Sec. 22: All.\n Sec. 26: N\\1\/2\\.\n Sec. 28: N\\1\/2\\.\n T. 16 N., R. 23 E.\n Sec. 18: Lots 3 and 4, E\\1\/2\\SW\\1\/4\\, W\\1\/\n 2\\SE\\1\/4\\, and that portion of the E\\1\/2\\SE\\1\/\n 4\\ lying westerly of the westerly right-of-way \n line of Huntzinger Road.\n Sec. 20: That portion of the SW\\1\/4\\ lying \n westerly of the easterly right-of-way line of \n the railroad.\n Sec. 30: Lots 1 and 2, NE\\1\/4\\ and E\\1\/\n 2\\NW\\1\/4\\.\n Aggregating 6,640.02 acres.\n (2) Status of surface estate.--Upon transfer of the surface \n estate of the lands described in paragraph (1), the surface \n estate shall be treated as real property subject to the Federal \n Property and Administrative Services Act of 1949 (40 U.S.C 471 \n et seq.).\n (3) Withdrawal of mineral estate.--Subject to valid \n existing rights, the mineral estate of the lands described in \n paragraph (1) and of the following lands are withdrawn from all \n forms of appropriation under the public land laws, including \n the mining laws and the geothermal leasing laws, but not the \n Act of July 31, 1947 (commonly known as the Materials Act of \n 1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30 \n U.S.C. 181 et seq.):\n\n willamette meridian\n\n T. 16 N., R. 20 E.\n Sec. 12: All.\n Sec. 18: Lot 4 and SE\\1\/4\\.\n Sec. 20: S\\1\/2\\.\n T. 16 N., R. 21 E.\n Sec. 4: Lots 1, 2, 3, and 4, S\\1\/2\\NE\\1\/2\\.\n Sec. 8: All.\n T. 16 N., R. 22 E.\n Sec. 12: All.\n T. 17 N., R. 21 E.\n Sec. 32: S\\1\/2\\SE\\1\/4\\.\n Sec. 34: W\\1\/2\\.\n Aggregating 3,090.80 acres.\n (4) Use of mineral materials.--Notwithstanding any other \n provision of this subsection or the Act of July 31, 1947, the \n Secretary of the Army may use, without application to the \n Secretary of the Interior, the sand, gravel, or similar mineral \n material resources on the lands described in paragraphs (1) and \n (3), of the type subject to disposition under the Act of July \n 31, 1947, when the use of such resources is required for \n construction needs on the Yakima Training Center, Washington.\n\n Passed the Senate October 5 (legislative day, September \n 22), 2000.\n\n Attest:\n\n Secretary.\n106th CONGRESS\n\n 2d Session\n\n S. 2757\n\n_______________________________________________________________________\n\n AN ACT\n\n To provide for the transfer and other disposition of certain lands at \n Melrose Air Force Range, New Mexico, and Yakima Training Center, \n Washington.","summary":"Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements.","title":"A bill to provide for the transfer or other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.","text_len":7605,"sum_len":227} {"bill_id":"111_hr1476","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Open Fuel Standard Act of 2009'' or \nthe ``OFS Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) The status of oil as a strategic commodity, which \n derives from its domination of the transportation sector, \n presents a clear and present danger to the United States;\n (2) in a prior era, when salt was a strategic commodity, \n salt mines conferred national power and wars were fought over \n the control of such mines;\n (3) technology, in the form of electricity and \n refrigeration, decisively ended salt's monopoly of meat \n preservation and greatly reduced its strategic importance;\n (4) fuel competition and consumer choice would similarly \n serve to end oil's monopoly in the transportation sector and \n strip oil of its strategic status;\n (5) the current closed fuel market has allowed a cartel of \n petroleum exporting countries to inflate fuel prices, \n effectively imposing a harmful tax on the economy of the United \n States;\n (6) much of the inflated petroleum revenues the oil cartel \n earns at the expense of the people of the United States are \n used for purposes antithetical to the interests of the United \n States and its allies;\n (7) alcohol fuels, including ethanol and methanol, could \n potentially provide significant supplies of additional fuels \n that could be produced in the United States and in many other \n countries in the Western Hemisphere that are friendly to the \n United States;\n (8) alcohol fuels can only play a major role in securing \n the energy independence of the United States if a substantial \n portion of vehicles in the United States are capable of \n operating on such fuels;\n (9) it is not in the best interest of United States \n consumers or the United States Government to be constrained to \n depend solely upon petroleum resources for vehicle fuels if \n alcohol fuels are potentially available;\n (10) existing technology, in the form of flexible fuel \n vehicles, allows internal combustion engine cars and trucks to \n be produced at little or no additional cost, which are capable \n of operating on conventional gasoline, alcohol fuels, or any \n combination of such fuels, as availability or cost advantage \n dictates, providing a platform on which fuels can compete;\n (11) the necessary distribution system for such alcohol \n fuels will not be developed in the United States until a \n substantial fraction of the vehicles in the United States are \n capable of operating on such fuels;\n (12) the establishment of such a vehicle fleet and \n distribution system would provide a large market that would \n mobilize private resources to substantially advance the \n technology and expand the production of alcohol fuels in the \n United States and abroad;\n (13) the United States has an urgent national security \n interest to develop alcohol fuels technology, production, and \n distribution systems as rapidly as possible;\n (14) new cars sold in the United States that are equipped \n with an internal combustion engine should allow for fuel \n competition by being flexible fuel vehicles, and new diesel \n cars should be capable of operating on biodiesel; and\n (15) such an open fuel standard would help to protect the \n United States economy from high and volatile oil prices and \n from the threats caused by global instability, terrorism, and \n natural disaster.\n\nSEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION.\n\n Chapter 329 of title 49, United States Code, is amended by adding \nat the end the following:\n\n``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION.\n\n ``(a) Definitions.--In this section:\n ``(1) E85.--The term `E85' means a fuel mixture containing \n 85 percent ethanol and 15 percent gasoline by volume.\n ``(2) Flexible fuel automobile.--The term `flexible fuel \n automobile' means an automobile that has been warranted by its \n manufacturer to operate on gasoline, E85, and M85.\n ``(3) Fuel choice-enabling automobile.--The term `fuel \n choice-enabling automobile' means--\n ``(A) a flexible fuel automobile; or\n ``(B) an automobile that has been warranted by its \n manufacturer to operate on biodiesel.\n ``(4) Light-duty automobile.--The term `light-duty \n automobile' means--\n ``(A) a passenger automobile; or\n ``(B) a non-passenger automobile.\n ``(5) Light-duty automobile manufacturer's annual covered \n inventory.--The term `light-duty automobile manufacturer's \n annual covered inventory' means the number of light-duty \n automobiles powered by an internal combustion engine that a \n manufacturer, during a given calendar year, manufactures in the \n United States or imports from outside of the United States for \n sale in the United States.\n ``(6) M85.--The term `M85' means a fuel mixture containing \n 85 percent methanol and 15 percent gasoline by volume.\n ``(b) Open Fuel Standard for Transportation.--\n ``(1) In general.--Except as provided in paragraph (2), \n each light-duty automobile manufacturer's annual covered \n inventory shall be comprised of--\n ``(A) not less than 50 percent fuel choice-enabling \n automobiles in 2012, 2013, and 2014; and\n ``(B) not less than 80 percent fuel choice-enabling \n automobiles in 2015, and in each subsequent year.\n ``(2) Temporary exemption from requirements.--\n ``(A) Application.--A manufacturer may request an \n exemption from the requirement described in paragraph \n (1) by submitting an application to the Secretary, at \n such time, in such manner, and containing such \n information as the Secretary may require by regulation. \n Each such application shall specify the models, lines, \n and types of automobiles affected.\n ``(B) Evaluation.--After evaluating an application \n received from a manufacturer, the Secretary may at any \n time, under such terms and conditions, and to such \n extent as the Secretary considers appropriate, \n temporarily exempt, or renew the exemption of, a light-\n duty automobile from the requirement described in \n paragraph (1) if the Secretary determines that \n unavoidable events not under the control of the \n manufacturer prevent the manufacturer of such \n automobile from meeting its required production volume \n of fuel choice-enabling automobiles, including--\n ``(i) a disruption in the supply of any \n component required for compliance with the \n regulations;\n ``(ii) a disruption in the use and \n installation by the manufacturer of such \n component; or\n ``(iii) application to plug-in electric \n vehicles causing such vehicles to fail to meet \n State air quality requirements.\n ``(C) Consolidation.--The Secretary may consolidate \n applications received from multiple manufacturers under \n subparagraph (A) if they are of a similar nature.\n ``(D) Conditions.--Any exemption granted under \n subparagraph (B) shall be conditioned upon the \n manufacturer's commitment to recall the exempted \n automobiles for installation of the omitted components \n within a reasonable time proposed by the manufacturer \n and approved by the Secretary after such components \n become available in sufficient quantities to satisfy \n both anticipated production and recall volume \n requirements.\n ``(E) Notice.--The Secretary shall publish in the \n Federal Register--\n ``(i) notice of each application received \n from a manufacturer;\n ``(ii) notice of each decision to grant or \n deny a temporary exemption; and\n ``(iii) the reasons for granting or denying \n such exemptions.\n ``(3) Rulemaking.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of Transportation shall \n promulgate regulations to carry out this section.''.","summary":"Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50 fuel choice-enabling automobiles in years 2012-2014. And (2) 80 fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines fuel choice-enabling automobile as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85. Or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation.","title":"To require automobile manufacturers to ensure that not less than 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel.","text_len":9312,"sum_len":581} {"bill_id":"107_s648","text":"SECTION 1. SIGNING AND MASTERY BONUSES FOR TEACHERS IN MATH AND \n SCIENCE.\n\n Title II of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6601 et seq.) is amended--\n (1) by redesignating part E as part G;\n (2) by redesignating sections 2401 and 2402 as sections \n 2601 and 2602, respectively; and\n (3) by inserting after part D the following new part:\n\n ``PART E--SIGNING AND MASTERY BONUSES FOR TEACHERS IN MATH AND SCIENCE\n\n``SEC. 2401. SIGNING BONUSES FOR TEACHERS IN MATH AND SCIENCE.\n\n ``(a) Grants to State Educational Agencies.--\n ``(1) Authority to award grants.--The Secretary shall award \n grants to State educational agencies to enable the agencies to \n assist local educational agencies to provide signing bonuses to \n middle or secondary school math or science teachers who agree \n to teach in a school in a high-need area during the 4-school \n year period that begins on the date on which the teacher is \n hired.\n ``(2) Criteria.--In order to receive a grant under this \n section, a State educational agency shall submit to the \n Secretary, for the Secretary's approval, a list of criteria for \n awarding the signing bonuses described in paragraph (1). Such \n criteria shall require that--\n ``(A) an individual receiving such a signing bonus \n have obtained licensing or certification to teach other \n than temporary or emergency licensing or certification; \n and\n ``(B) an individual receiving such a bonus--\n ``(i) have an academic major or minor in \n the academic subject in which the individual \n intends to teach; or\n ``(ii) a work-related concentration in the \n academic subject in which the individual \n intends to teach.\n ``(3) Peer review board.--In order to receive a grant under \n this section, a State educational agency shall establish a peer \n review board to review criteria for providing signing bonuses \n under the grant.\n ``(4) Application.--In order to receive a grant under this \n section, a State educational agency shall submit an application \n to the Secretary at such time, in such manner, and accompanied \n by such information as the Secretary may require.\n ``(b) Grants to Local Educational Agencies.--\n ``(1) Authority to award grants.--A State educational \n agency that receives a grant under subsection (a) shall use the \n funds made available through the grant to award grants to local \n educational agencies to provide the bonuses described in \n subsection (a).\n ``(2) Use of Funds.--A local educational agency that \n receives a grant under paragraph (1) shall use the funds made \n available through the grant to provide, during the 4-school \n year period described in subsection (a)(1), a signing bonus in \n the amount of $5,000 for each such year, for the hiring of a \n middle or secondary school math or science teacher who is \n eligible for an award based on the criteria in subsection \n (a)(2).\n ``(3) Application.--In order to receive a grant under this \n subsection, a local educational agency shall submit an \n application to the State educational agency at such time, in \n such manner, and accompanied by such information as the State \n educational agency may require.\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $100,000,000 for each of fiscal \nyears 2002 through 2006.\n ``(d) Definition of `High-Need Area'.--In this section, the term \n`high-need area' means an area, as determined by the local educational \nagency, in which--\n ``(1) not less than 30 percent of the children served by \n the local educational agency are children eligible to be \n counted under section 1124(c)(2); and\n ``(2) the middle and secondary schools--\n ``(A) have a higher percentage of uncertified or \n unlicensed math and science teachers than the \ncorresponding percentage for the State; or\n ``(B) have a higher percentage of math and science \n teachers not trained in math and science than the \n corresponding percentage for the State.\n\n``SEC. 2402. MASTERY BONUSES FOR TEACHERS IN MATH AND SCIENCE.\n\n ``(a) Grants to State Educational Agencies.--\n ``(1) Authority to award grants.--The Secretary shall award \n grants to State educational agencies to enable the agencies to \n assist local educational agencies to provide mastery bonuses to \n supplement the salaries of middle or secondary school math or \n science teachers who pass an advanced competency exam in math \n and science that is approved by the National Academy of \n Sciences and agree to teach during the 5-school year period \n that begins during or after the date on which the State \n educational agency determines that the teacher has passed the \n advanced competency exam.\n ``(2) Criteria.--In order to receive a grant under this \n section, a State educational agency shall submit to the \n Secretary, for the Secretary's approval, a list of criteria for \n awarding the mastery bonuses described in paragraph (1). Such \n criteria shall require that--\n ``(A) an individual receiving such a bonus have \n obtained licensing or certification to teach other than \n temporary or emergency licensing or certification; and\n ``(B) an individual receiving such a bonus have an \n academic or work-related concentration in the academic \n subject in which the individual intends to teach.\n ``(3) Peer review board.--In order to receive a grant under \n this section, a State educational agency shall establish a peer \n review board to review criteria for providing mastery bonuses \n under the grant.\n ``(4) Application.--In order to receive a grant under this \n section, a State educational agency shall submit an application \n to the Secretary at such time, in such manner, and accompanied \n by such information as the Secretary may require.\n ``(b) Grants to Local Educational Agencies.--\n ``(1) Authority to award grants.--A State educational \n agency that receives a grant under subsection (a) shall use the \n funds made available through the grant to award grants to local \n educational agencies to provide the mastery bonuses described \n in subsection (a).\n ``(2) Use of funds.--A local educational agency that \n receives a grant under paragraph (1) shall use the funds made \n available through the grant to provide--\n ``(A) a middle or secondary school math or science \n teacher who passes an advanced competency exam and \n teaches during the 5-school year period described in \n subsection (a)(1) with an additional $4,000 each such \n year; and\n ``(B) a middle or secondary school math or science \n teacher who passes an advanced competency exam and \n agrees to teach in a high-need area (as defined in \n section 2401(d) during the 5-school year period \n described in subsection (a)(1) with an additional \n $5,000 each such year.\n ``(3) Application.--In order to receive a grant under this \n subsection, a local educational agency shall submit an \n application to the State educational agency at such time, in \n such manner, and accompanied by such information as the State \n educational agency may require.\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $100,000,000 for each of fiscal \nyears 2002 through 2006.''.\n\nSEC. 2. MENTOR TEACHER PROGRAMS FOR MATH AND SCIENCE TEACHERS.\n\n Title II of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6601 et seq.), as amended in section 1, is further amended by \ninserting after part E the following:\n\n ``PART F--MENTOR TEACHER PROGRAM\n\n``SEC. 2501. PURPOSES.\n\n ``The purposes of this part are to give local educational agencies \nthe resources to establish mentor teacher programs to enable \nexperienced teachers to train, support, and mentor novice teachers.\n\n``SEC. 2502. DEFINITIONS.\n\n ``In this part:\n ``(1) Board certified.--The term `board certified' means \n successful completion of all requirements to be certified by \n the National Board for Professional Teaching Standards in the \n academic subject in which a teacher is teaching.\n ``(2) Mentor teacher.--The term `mentor teacher' means a \n teacher who--\n ``(A) is fully certified or licensed;\n ``(B) has demonstrated mastery of pedagogical and \n subject matter skills (such as by becoming board \n certified); and\n ``(C) has provided evidence of superior teaching \n abilities and interpersonal relationship \n characteristics.\n ``(3) Novice teacher.--The term `novice teacher' means a \n teacher who--\n ``(A) has been teaching not more than 3 years at a \n public elementary school or secondary school; and\n ``(B) is a math or science teacher.\n\n``SEC. 2503. PROGRAM AUTHORIZED.\n\n ``(a) Authority.--\n ``(1) In general.--The Secretary is authorized to award \n grants, on a competitive basis, to eligible local educational \n agencies to develop and implement mentor teacher programs as \n described in subsection (e).\n ``(2) Duration.--The Secretary shall award grants under \n this subsection for periods of not more than 5 years.\n ``(b) Eligible Local Educational Agencies.--To be eligible to \nreceive a grant under subsection (a) for a fiscal year, a local \neducational agency shall--\n ``(1) be a local educational agency that has received a \n grant under section 2401 (relating to signing bonuses) for the \n fiscal year; and\n ``(2) agree to use the funds made available through the \n grant to develop and implement the mentor teacher programs in \n schools served by teachers who have received signing bonuses \n under section 2401 for the fiscal year.\n ``(c) Geographic Distribution.--To the maximum extent practicable, \nthe Secretary shall award the grants so that the grants are distributed \namong the local educational agencies with higher percentages of novice \nteachers, or lower percentages of certified or licensed teachers, than \nthe corresponding percentages for the States in which the agencies are \nlocated.\n ``(d) Amount.--The amount of each grant shall be determined based \non--\n ``(1) the total amount appropriated for a fiscal year under \n section 2508 and made available to carry out this part; and\n ``(2) the extent of the concentration of novice teachers in \n the school district involved.\n ``(e) Authorized Activities.--\n ``(1) Allocation by activity.--A local educational agency \n that receives a grant under subsection (a) for a mentor teacher \n program shall use--\n ``(A) not less than 75 percent of the funds made \n available through the grant to pay for the Federal \n share of the cost of obtaining the services of the \n mentor teachers; and\n ``(B) not more than 25 percent of the funds to pay \n for other costs related to the development and \n implementation of the mentor teacher program.\n ``(2) Training.--The mentor teacher program shall provide \n training to novice teachers on effective teaching techniques \n (including techniques relating to class discipline and \n curriculum development) through observation, instruction, \n coaching, and mentoring by mentor teachers.\n ``(3) Federal share.--\n ``(A) In general.--The Federal share of the cost \n described in paragraph (1)(A) is 75 percent.\n ``(B) Non-federal share.--The non-Federal share of \n the cost may be provided from State sources in cash or \n in kind, fairly evaluated, including plant, equipment, \n and services.\n ``(f) Supplement, Not Supplant.--Funds appropriated pursuant to the \nauthority of this part shall be used to supplement and not supplant \nother Federal, State, and local public funds expended to provide \nservices for eligible individuals.\n\n``SEC. 2504. APPLICATIONS.\n\n ``A local educational agency desiring a grant under section 2503 \nshall submit an application to the Secretary at such time, in such \nmanner, and accompanied by such information as the Secretary may \nreasonably require.\n\n``SEC. 2505. PAYMENTS.\n\n ``(a) In General.--Grant payments shall be made under this part on \nan annual basis.\n ``(b) Administrative Costs.--Each local educational agency that \nreceives a grant under section 2503 shall use not more than 2 percent \nof the amount awarded under the grant for administrative costs.\n ``(c) Denial of Grant.--If the Secretary determines that a local \neducational agency has failed to make substantial progress in attaining \nsuch performance objectives and goals as the Secretary may require the \nagency to establish, such an agency shall not be eligible for a grant \npayment under this part in the next succeeding year.\n\n``SEC. 2506. REPORTS.\n\n ``The Secretary shall prepare and submit to the Committee on \nHealth, Education, Labor, and Pensions of the Senate and the Committee \non Education and the Workforce of the House of Representatives a report \nof program activities funded under this part.\n\n``SEC. 2507. MATCHING REQUIREMENT.\n\n ``The Secretary may not award a grant to a local educational agency \nunder section 2503 unless the local educational agency agrees that, \nwith respect to costs to be incurred by the agency in carrying out \nactivities for which the grant was awarded, the agency shall provide \n(directly or through donations from public or private entities) in non-\nFederal contributions an amount equal to 25 percent of the amount of \nthe grant awarded to the agency.\n\n``SEC. 2508. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this part \n$50,000,000 for each of fiscal years 2002 through 2006.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to establish grant programs to provide: (1) signing bonuses for middle or secondary school mathematics or science teachers who agree to teach in public schools in high-need areas for four years. And (2) mentor teachers to train, support, and mentor novice teachers of mathematics or science in public elementary or secondary schools.","title":"A bill to provide signing and mastery bonuses and mentoring programs for math and science teachers.","text_len":15225,"sum_len":391} {"bill_id":"107_hr2090","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Help Organ Procurement Expand Act of \n2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) 13 people die every day waiting for a life-saving \n transplant operation;\n (2) over 67,000 people are currently waiting for a \n transplant operation--including over 44,000 kidney patients, \n 14,000 liver patients, 4,000 lung patients, and 800 pancreas \n patients;\n (3) every 14 minutes, a new name is added to the national \n transplant waiting list;\n (4) between 10,000 and 12,000 people die annually who are \n considered medically suitable for organ donation, yet only an \n estimated 5,200 people donate their organs every year;\n (5) one donor can help more than 50 people in need of an \n organ;\n (6) current programs designed to expand the number of \n available organs do not contain any economic awards or \n incentives for patients to become organ donors; and\n (7) current debates in Congress and in the Administration \n have unfortunately focused on the way organs ought to be \n allocated, rather than addressing the root cause of the \n problem, which is a lack of available transplant organs.\n\nSEC. 3. CREDIT FOR ORGAN DONATION.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25A the \nfollowing new section:\n\n``SEC. 25B. ORGAN DONATION.\n\n ``(a) Allowance of Credit.--In the case of a qualified person, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for the taxable year with respect to all qualified organ \ndonations an amount equal to $2,500.\n ``(b) Qualified Organ Donation.--\n ``(1) In general.--For purposes of this section, the term \n `qualified organ donation' means the donation of a kidney, \n liver, heart, pancreas, pancreas islet cells, lung, or \n intestine.\n ``(2) Exceptions.--The term `qualified organ donation' \n shall not include the donation of an organ under any of the \n following circumstances:\n ``(A) The donor has been killed with assistance \n from a physician.\n ``(B) The otherwise eligible individual has \n authorized the withdrawal or denial of life sustaining \n medical treatment of the donor.\n ``(C) The otherwise eligible individual medically \n conducted or assisted in the operation to recover the \n organ.\n ``(D) The organs to be donated come from an unborn \n child or human fetus that was aborted.\n ``(E) The donor has committed suicide.\n ``(F) Legal consent failed to be obtained from the \n donor or their family prior to the organ recovery.\n ``(G) The otherwise eligible individual has been \n indicted or convicted of a felony or a misdemeanor \n offense against the donor, or is actively under \n criminal investigation for the possible felony offense \n against the donor.\n ``(H) In the case of living donors, the decision to \n donate the organ, in the judgment of the donor's \n attending physicians, would subject the donor to \n unacceptable levels of medical risk of death or \n permanent debilitation.\n ``(c) Qualified Person.--For purposes of this section, the term \n`qualified person' means--\n ``(1) in the case of a live organ donor, the organ donor \n himself, and\n ``(2) in the case of a deceased organ donor--\n ``(A) the beneficiary designated for purposes of \n this section,\n ``(B) the estate in the case the deceased organ \n donor died testate but without designating a \n beneficiary for the purposes of this section, or\n ``(C) the class of beneficiaries designated under \n State law in the case that the deceased organ donor \n died intestate.\n ``(d) Allocation of Credit Amount Among Beneficiaries.--In the case \nthat more than 1 person is a beneficiary under subsection (c), the \namount allowed under subsection (a) shall be divided among each of the \nbeneficiaries on a pro rata basis unless--\n ``(1) the will of the deceased organ donor provides for a \n different allocation, or\n ``(2) the beneficiaries agree to a different allocation.\n ``(e) Carryforwards of Unused Credit.--If the credit allowable \nunder subsection (a) for any taxable year exceeds the limitation \nimposed by section 26(a) for such taxable year reduced by the sum of \nthe credits allowable under this subpart (other than this section, \nsection 23, and section 1400C), such excess shall be carried to the \nsucceeding taxable year and added to the credit allowable under \nsubsection (a) for such taxable year. For purposes of the preceding \nsentence, credits shall be treated as used on a first-in first-out \nbasis.''.\n (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25A the following new \nitem:\n\n ``Sec. 25B. Organ donation.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.","summary":"Help Organ Procurement Expand Act of 2001 - Amends the Internal Revenue Code to allow a $2,500 tax credit for qualified organ donations.","title":"To amend the Internal Revenue Code of 1986 to allow a credit against gross income for organ donation.","text_len":5794,"sum_len":136} {"bill_id":"105_s1112","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Buffalo Nickel Act of \n1997''.\n\nSEC. 2. COIN SPECIFICATIONS.\n\n (a) Denominations.--Notwithstanding any other provision of law, \nduring the 3-year period beginning on January 1, 2000, the Secretary of \nthe Treasury (hereafter in this Act referred to as the ``Secretary'') \nshall mint and issue each year not more than 1,000,000 5-cent coins, \nwhich shall--\n (1) weigh 5 grams;\n (2) have a diameter of 0.835 inch; and\n (3) contain an alloy of 90 percent silver and 10 percent \n copper.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 3. SOURCES OF BULLION.\n\n The Secretary shall obtain silver for minting coins under this Act \nonly from stockpiles established under the Strategic and Critical \nMaterials Stockpiling Act.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be based on the original 5-cent coin designed by \n James Earle Fraser and minted from 1913 to 1938. Each coin \n shall have on the obverse side a profile representation of a \n Native American, and on the reverse side a representation of a \n buffalo.\n (2) Designations and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year; and\n (C) inscriptions of the words ``United States of \n America'', ``Liberty'', and ``E Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Committee on Banking, Housing, and Urban Affairs and the \n Committee on Indian Affairs of the Senate and the Commission of \n Fine Arts; and\n (2) reviewed by the Citizens Commemorative Coin Advisory \n Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular combination of denomination and \nquality of the coins minted under this Act.\n (c) Termination of Minting Authority.--No coins may be minted under \nthis Act after December 31, 2000.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in subsection (d) with respect \n to such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n (d) Surcharges.--All sales shall include a surcharge of $1.00 per \ncoin.\n\nSEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods and services necessary for carrying out the \nprovisions of this Act.\n (b) Equal Employment Opportunity.--Subsection (a) does not relieve \nany person entering into a contract under the authority of this Act \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 8. DISTRIBUTION OF SURCHARGES.\n\n (a) Permissible Purposes.--All surcharges received by the Secretary \nfrom the sale of coins issued under this Act shall be paid promptly by \nthe Secretary to the National Museum of the American Indian for the \npurposes of--\n (1) commemorating the tenth anniversary of the \n establishment of the Museum; and\n (2) supplementing the endowment and educational outreach \n funds of the Museum.\n (b) Audits.--The Comptroller General of the United States shall \nhave the right to examine such books, records, documents, and other \ndata of the National Museum of the American Indian as may be related to \nthe expenditures of amounts paid under subsection (a).\n\nSEC. 9. FINANCIAL ASSURANCES.\n\n (a) No Net Cost to the Government.--The Secretary shall take such \nactions as may be necessary to ensure that minting and issuing coins \nunder this Act will not result in any net cost to the United States \nGovernment.\n (b) Payment for Coins.--A coin shall not be issued under this Act \nunless the Secretary has received--\n (1) full payment for the coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution whose deposits are \n insured by the Federal Deposit Insurance Corporation or the \n National Credit Union Administration Board.","summary":"United States Buffalo Nickel Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-cent coins based on the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Mandates that: (1) each coin have a profile representation of a Native American on the obverse side, and a representation of a buffalo on the reverse side. (2) coin design shall be selected by the Secretary after consultation with specified congressional committees and reviewed by the Citizens Commemorative Coin Advisory Committee. And (3) a one-dollar sales surcharge shall be imposed per coin and distributed to the National Museum of the American Indian to commemorate its tenth anniversary and to supplement its endowment and educational outreach funds.","title":"United States Buffalo Nickel Act of 1997","text_len":5707,"sum_len":772} {"bill_id":"114_hr4463","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfields Reauthorization Act of \n2016''.\n\nSEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION.\n\n Section 104(k)(3)(A) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), is \namended--\n (1) by redesignating subparagraphs (B) through (D) as \n paragraphs (C) through (E), respectively; and\n (2) by inserting after subparagraph (A) the following:\n ``(B) Exception.--If, in any fiscal year, the \n amount appropriated under this subsection exceeds \n $200,000,000, a grant provided under subparagraph \n (A)(ii) shall not exceed $300,000 for each site to be \n remediated.''.\n\nSEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.\n\n Section 104(k) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is \namended--\n (1) by redesignating paragraphs (4) through (12) as \n paragraphs (5) through (13), respectively;\n (2) in paragraph (3)(A), by striking ``Subject to \n paragraphs (4) and (5)'' and inserting ``Subject to paragraphs \n (5) and (6)''; and\n (3) by inserting after paragraph (3) the following:\n ``(4) Multipurpose brownfields grants.--\n ``(A) In general.--Subject to subparagraph (D) and \n paragraphs (5) and (6), the Administrator shall \n establish a program to provide multipurpose grants to \n an eligible entity based on the considerations under \n paragraph (3)(C), to carry out inventory, \n characterization, assessment, planning, or remediation \n activities at 1 or more brownfield sites in a proposed \n area.\n ``(B) Grant amounts.--\n ``(i) Individual grant amounts.--Each grant \n awarded under this paragraph shall not exceed \n $950,000.\n ``(ii) Cumulative grant amounts.--The total \n amount of grants awarded for each fiscal year \n under this paragraph shall not exceed 15 \n percent of the funds made available for the \n fiscal year to carry out this subsection.\n ``(C) Criteria.--In awarding a grant under this \n paragraph, the Administrator shall consider the extent \n to which an eligible entity is able--\n ``(i) to provide an overall plan for \n revitalization of the 1 or more brownfield \n sites in the proposed area in which the \n multipurpose grant will be used;\n ``(ii) to demonstrate a capacity to conduct \n the range of eligible activities that will be \n funded by the multipurpose grant; and\n ``(iii) to demonstrate that a multipurpose \n grant will meet the needs of the 1 or more \n brownfield sites in the proposed area.\n ``(D) Condition.--As a condition of receiving a \n grant under this paragraph, each eligible entity shall \n expend the full amount of the grant not later than the \n date that is 3 years after the date on which the grant \n is awarded to the eligible entity unless the \n Administrator, in the discretion of the Administrator, \n provides an extension.''.\n\nSEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.\n\n Section 104(k)(1) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is \namended--\n (1) in subparagraph (G), by striking ``or'' after the \n semicolon;\n (2) in subparagraph (H), by striking the period at the end \n and inserting a semicolon; and\n (3) by adding at the end the following:\n ``(I) an organization described in section \n 501(c)(3) of the Internal Revenue Code of 1986 and \n exempt from taxation under section 501(a) of that Code;\n ``(J) a limited liability corporation in which all \n managing members are organizations described in \n subparagraph (I) or limited liability corporations \n whose sole members are organizations described in \n subparagraph (I);\n ``(K) a limited partnership in which all general \n partners are organizations described in subparagraph \n (I) or limited liability corporations whose sole \n members are organizations described in subparagraph \n (I); or\n ``(L) a qualified community development entity (as \n defined in section 45D(c)(1) of the Internal Revenue \n Code of 1986).''.\n\nSEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.\n\n Paragraph (5) of section 104(k) of the Comprehensive Environmental \nResponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) \n(as redesignated by section 3(1) of this Act) is amended--\n (1) in subparagraph (B)--\n (A) in clause (i)--\n (i) by striking subclause (III); and\n (ii) by redesignating subclauses (IV) and \n (V) as subclauses (III) and (IV), respectively;\n (B) by striking clause (ii);\n (C) by redesignating clause (iii) as clause (ii); \n and\n (D) in clause (ii) (as redesignated by subparagraph \n (C)), by striking ``Notwithstanding clause (i)(IV)'' \n and inserting ``Notwithstanding clause (i)(III)''; and\n (2) by adding at the end the following:\n ``(E) Administrative costs.--\n ``(i) In general.--An eligible entity may \n use up to 8 percent of the amounts made \n available under a grant or loan under this \n subsection for administrative costs.\n ``(ii) Restriction.--For purposes of clause \n (i), the term `administrative costs' does not \n include--\n ``(I) investigation and \n identification of the extent of \n contamination;\n ``(II) design and performance of a \n response action; or\n ``(III) monitoring of a natural \n resource.''.\n\nSEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.\n\n Section 104(k)(2) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is \namended by adding at the end the following:\n ``(C) Exemption for certain publicly owned \n brownfield sites.--Notwithstanding any other provision \n of law, an eligible entity that is a governmental \n entity may receive a grant under this paragraph for \n property acquired by that governmental entity prior to \n January 11, 2002, even if the governmental entity does \n not qualify as a bona fide prospective purchaser (as \n that term is defined in section 101(40)), so long as \n the eligible entity has not caused or contributed to a \n release or threatened release of a hazardous substance \n at the property.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n Amend section 104(k)(12) of the Comprehensive Environmental \nResponse, Compensation, and Liability Act of 1980 (42 U.S.C. \n9604(k)(12)) to read as follows:\n ``(12) Authorization of appropriations.--There is \n authorized to be appropriated to carry out this subsection \n $250,000,000 for each of the fiscal years 2016 through 2021.''.\n\nSEC. 8. STATE RESPONSE PROGRAM FUNDING.\n\n Section 128(a)(3) of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is \namended by striking ``2006'' and inserting ``2021''.","summary":"Brownfields Reauthorization Act of 2016 This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)to revise and reauthorize brownfields revitalization and state response program funding through FY2021. The Environmental Protection Agency must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at one or more brownfield sites in a proposed area. Certain nonprofit organizations and community development entities are made eligible for brownfields revitalization funding. Grant or loan recipients may use up to 8 of brownfields revitalization funding for administrative costs. Additionally, the bill revises the brownfield site characterization and assessment grant program to allow a governmental entity to receive a grant for property acquired prior to January 11, 2002, even if the entity does not qualify as a bona fide prospective purchaser under CERCLA.","title":"Brownfields Reauthorization Act of 2016","text_len":8685,"sum_len":997} {"bill_id":"103_hr4049","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Center for Excellence in \nResearch and Development Act of 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Due to the end of the Cold War, the United States has \n not recently conducted underground nuclear testing at the \n Department of Energy facility known as the Nevada Test Site, \n Nevada, and the United States does not plan to conduct such \n testing in the foreseeable future.\n (2) Because the world political situation is ever-changing \n and dangerous, it is imperative that the United States remain \n strong militarily and continue to be a nuclear superpower.\n (3) It is imperative that the Nevada Test Site be \n maintained in a full state of readiness to ensure the \n capability of the nuclear arsenal of the United States.\n (4) The Nevada Test Site is in a beneficial location for \n activities suitable for research and development of emerging \n technologies that will be important to the United States in the \n 21st century.\n (5) Technology development carried out at the Nevada Test \n Site should include both private-sector and military projects.\n (6) The Nevada Test Site can support the stewardship of the \n Nation's nuclear weapons stockpile, the nonproliferation of \n nuclear weapons, and the technological competitiveness of the \n United States by providing the environment for nuclear and non-\n nuclear test and demonstration experiments and projects for \n government, industry, and academia.\n (7) The Nevada Test Site can provide the infrastructure to \n support industrial and civilian tests of environmentally \n demanding projects and programs.\n (8) The Nevada Test Site can support the testing and \n demonstration of environmental clean-up technologies by \n government and industry.\n (9) The Nevada Test Site can support the testing of \n alternative and renewable energy sources for environmentally \n clean and economically competitive replacements for traditional \n fossil energy sources and uses in many parts of Nevada and in \n the United States as a whole.\n (10) The Nevada Test Site can provide support for \n disarmament activities such as the demonstration of rocket \n motor destruction technology and conventional munitions \n destruction technology.\n (11) The Nevada Test Site can support non-proliferation \n experiments in disablement, nuclear forensics, sensors, and \n verification and monitoring.\n (12) The Nevada Test Site can support treaty-compliant \n experiments for stockpile stewardship purposes.\n (13) The size and remoteness of the Nevada Test Site make \n the Nevada Test Site well-suited for a multitude of activities \n associated with the restructuring of the United States \n military.\n\nSEC. 3. PURPOSES.\n\n It is the purpose of this Act--\n (1) to ensure full operational readiness of the underground \n nuclear testing facilities and infrastructure of the Nevada \n Test Site;\n (2) to ensure an appropriate level of funds for such \n readiness to be maintained;\n (3) to create a National Test and Demonstration Center of \n Excellence at the Nevada Test Site for the promotion of \n disarmament, demilitarization, alternative and renewable energy \n sources, the nonproliferation of nuclear weapons, sensor \n development, and environmentally sensitive technologies; and\n (4) to ensure the availability of the Nevada Test Site, \n within appropriate restrictions, for use by private-sector \n industries seeking to make use of the inherent qualities that \n make the Nevada Test Site the greatest outdoor laboratory in \n the world.\n\nSEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE.\n\n (a) Authorization of Appropriations.--\n (1) In general.--The amount referred to in paragraph (2) is \n hereby authorized to be appropriated to the Secretary of Energy \n for fiscal year 1995 and each fiscal year thereafter to \n maintain the operational readiness of the underground nuclear \n testing facilities and infrastructure of the Nevada Test Site.\n (2) Authorized amount.--The amount referred to in paragraph \n (1) is not less than the amount appropriated to the Secretary \n of Energy for fiscal year 1992 to maintain the operational \n readiness of the underground nuclear testing facilities and \n infrastructure of the Nevada Test Site.\n (b) Staffing Levels.--During fiscal year 1995 and each fiscal year \nthereafter, the Secretary of Energy shall maintain a staffing level at \nthe Nevada Test Site that the Secretary considers sufficient to carry \nout activities under this Act in addition to any other activities \nconducted by the Department of Energy at the Nevada Test Site.\n (c) Infrastructure Assessments and Activities.--The Secretary of \nEnergy, through the Nevada Test Site Operations Office, shall carry out \nany infrastructure assessments and activities necessary to accommodate \nnew projects and initiatives at the Nevada Test Site.\n\nSEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE.\n\n (a) Establishment.--There is hereby established within the \nDepartment of Energy a National Test and Demonstration Center of \nExcellence (hereafter in this Act referred to as the ``Center''), to be \nlocated at the Nevada Test Site, Nevada.\n (b) Purpose.--It shall be the purpose of the Center to promote \ndisarmament, demilitarization, alternative and renewable energy \nsources, the nonproliferation of nuclear weapons, sensor development, \nand environmentally sensitive technologies.\n (c) Activities Related to Alternative and Renewable Energy \nSources.--The Center shall carry out the following testing and \ndemonstration activities that are related to alternative and renewable \nenergy sources:\n (1) The characterization of solar and geothermal resources \n at the Nevada Test Site.\n (2) The development of alternative and renewable energy \n sources, including, as a goal of the Center, the development \n and completion of two 100-megawatt solar power plants by the \n year 2000.\n (3) The conduct of a National Alternative-Fueled Vehicles \n Program, the objective of which shall be to demonstrate the \n regional use of natural gas, electricity, and hydrogen as \n vehicle fuels.\n (d) Activities Related to Disarmament and Demilitarization.--The \nCenter shall carry out testing and demonstration activities that are \nrelated to changes occurring in United States military as a result of \nthe end of the Cold War, including activities--\n (1) that involve the demilitarization of large rocket motor \n and conventional ordnance;\n (2) that assist in disarmament and demilitarization, \n generally; and\n (3) that test and demonstrate the nonmilitary application \n of technologies and resources the military application of which \n has decreased or otherwise changed due to disarmament and \n demilitarization.\n (e) Activities Related to Nuclear Stockpile Stewardship.--The \nCenter shall carry out testing and demonstration activities related to \nthe stewardship of the nuclear stockpile of the United States. Such \nactivities shall include--\n (1) the conduct of experiments that assist in monitoring \n compliance with international agreements on the \n nonproliferation of nuclear weapons;\n (2) the provision of support to the Department of Energy \n nuclear weapons complex;\n (3) the conduct of programs for the Department of Energy \n and the Department of Defense to develop simulator technologies \n for nuclear weapons design and effects, including advanced \n hydrodynamic simulators, inertial confinement fusion test \n facilities, and nuclear weapons effects simulators (such as the \n Decade and Jupiter simulators); and\n (4) the conduct of the stockpile stewardship program \n established pursuant to section 3138 of the National Defense \n Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public \n Law 103-160).\n (f) Activities Related to Nonproliferation.--The Center shall carry \nout experiments related to the non-proliferation of nuclear weapons, \nincluding experiments with respect to disablement, nuclear forensics, \nsensors, and verification and monitoring.\n (g) Activities Related to Environmental Technologies.--The Center \nshall carry out testing and demonstration activities related to the \ndevelopment of environmental technologies, including--\n (1) the demonstration of technologies concerning the \n remediation of toxic and hazardous chemicals; and\n (2) the conduct of training activities pertaining to \n emergency response to hazardous and toxic accidents and \n emergencies.\n (h) Other Activities.--The Center may carry out the testing and \ndemonstration of any other technology which, in the determination of \nthe Secretary of Energy, is appropriate for testing and demonstration \nat the Nevada Test Site.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n Except as provided in section 4, there is hereby authorized to be \nappropriated to the Secretary of Energy for fiscal year 1995 such sums \nas may be necessary to carry out this Act.","summary":"National Center for Excellence in Research and Development Act of 1994 - Authorizes appropriations to maintain the readiness capability of the underground Nevada Test Site. Establishes within the Department of Energy a National Test and Demonstration Center of Excellence to be located at such Site. Directs the Center to carry out activities related to: (1) alternative and renewable energy sources, (2) nuclear stockpile stewardship, (3) disarmament and demilitarization, (4) nonproliferation, and (5) environmental technologies. Authorizes appropriations.","title":"National Center for Excellence in Research and Development Act of 1994","text_len":9819,"sum_len":558} {"bill_id":"115_hr2283","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Homeland Security \nMorale, Recognition, Learning and Engagement Act of 2017'' or the ``DHS \nMORALE Act''.\n\nSEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.\n\n Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is \namended--\n (1) in subsection (b)--\n (A) in paragraph (1)--\n (i) by inserting ``, including with respect \n to leader development and employee \n engagement,'' after ``policies'';\n (ii) by striking ``and in line'' and \n inserting ``, in line''; and\n (iii) by inserting ``and informed by best \n practices within the Federal government and the \n private sector,'' after ``priorities,'';\n (B) in paragraph (2), by striking ``develop \n performance measures to provide a basis for monitoring \n and evaluating'' and inserting ``evaluate, on an \n ongoing basis,'';\n (C) in paragraph (3), by inserting ``that, to the \n extent practicable, are informed by employee \n feedback,'' after ``policies'';\n (D) in paragraph (4), by inserting ``including \n leader development and employee engagement programs,'' \n before ``in coordination'';\n (E) in paragraph (5), by inserting before the \n semicolon at the end the following: ``that is informed \n by an assessment, carried out by the Chief Human \n Capital Officer, of the learning and developmental \n needs of employees in supervisory and non-supervisory \n roles across the Department and appropriate workforce \n planning initiatives'';\n (F) by redesignating paragraphs (9) and (10) as \n paragraphs (11) and (12), respectively; and\n (G) by inserting after paragraph (8) the following \n new paragraphs:\n ``(9) maintain a catalogue of available employee \n development opportunities, including the Homeland Security \n Rotation Program pursuant to section 844, departmental \n leadership development programs, interagency development \n programs, and other rotational programs;\n ``(10) ensure that employee discipline and adverse action \n programs comply with the requirements of all pertinent laws, \n rules, regulations, and Federal guidance, and ensure due \n process for employees;'';\n (2) by redesignating subsections (d) and (e) as subsections \n (e) and (f), respectively;\n (3) by inserting after subsection (c) the following new \n subsection:\n ``(d) Chief Learning and Engagement Officer.--The Chief Human \nCapital Officer may designate an employee of the Department to serve as \na Chief Learning and Engagement Officer to assist the Chief Human \nCapital Officer in carrying out this section.''; and\n (4) in subsection (e), as so redesignated--\n (A) by redesignating paragraphs (2), (3), and (4) \n as paragraphs (5), (6), and (7), respectively; and\n (B) by inserting after paragraph (1) the following \n new paragraphs:\n ``(2) information on employee development opportunities \n catalogued pursuant to paragraph (9) of subsection (b) and any \n available data on participation rates, attrition rates, and \n impacts on retention and employee satisfaction;\n ``(3) information on the progress of Department-wide \n strategic workforce planning efforts as determined under \n paragraph (2) of subsection (b);\n ``(4) information on the activities of the steering \n committee established pursuant to section 710(a), including the \n number of meeting, types of materials developed and \n distributed, and recommendations made to the Secretary;''.\n\nSEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.\n\n (a) In General.--Title VII of the Homeland Security Act of 2002 (6 \nU.S.C. 341 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 710. EMPLOYEE ENGAGEMENT.\n\n ``(a) Steering Committee.--Not later than 120 days after the date \nof the enactment of this section, the Secretary shall establish an \nemployee engagement steering committee, including representatives from \noperational components, headquarters, and field personnel, including \nsupervisory and non-supervisory personnel, and employee labor \norganizations that represent Department employees, and chaired by the \nUnder Secretary for Management, to carry out the following activities:\n ``(1) Identify factors that have a negative impact on \n employee engagement, morale, and communications within the \n Department, such as perceptions about limitations on career \n progression, mobility, or development opportunities, collected \n through employee feedback platforms, including through annual \n employee surveys, questionnaires, and other communications, as \n appropriate.\n ``(2) Identify, develop, and distribute initiatives and \n best practices to improve employee engagement, morale, and \n communications within the Department, including through annual \n employee surveys, questionnaires, and other communications, as \n appropriate.\n ``(3) Monitor efforts of each component to address employee \n engagement, morale, and communications based on employee \n feedback provided through annual employee surveys, \n questionnaires, and other communications, as appropriate.\n ``(4) Advise the Secretary on efforts to improve employee \n engagement, morale, and communications within specific \n components and across the Department.\n ``(5) Conduct regular meetings and report, not less than \n once per quarter, to the Under Secretary for Management, the \n head of each component, and the Secretary on Department-wide \n efforts to improve employee engagement, morale, and \n communications.\n ``(b) Action Plan; Reporting.--The Secretary, acting through the \nChief Human Capital Officer, shall--\n ``(1) not later than 120 days after the date of the \n establishment of the steering committee under subsection (a), \n issue a Department-wide employee engagement action plan, \n reflecting input from the employee engagement steering \n committee established pursuant to subsection (a) and employee \n feedback provided through annual employee surveys, \n questionnaires, and other communications in accordance with \n paragraph (1) of such subsection, to execute strategies to \n improve employee engagement, morale, and communications within \n the Department; and\n ``(2) require the head of each component to--\n ``(A) develop and implement a component-specific \n employee engagement plan to advance the action plan \n required under paragraph (1) that includes performance \n measures and objectives, is informed by employee \n feedback provided through annual employee surveys, \n questionnaires, and other communications, as \n appropriate, and sets forth how employees and, where \n applicable, their labor representatives are to be \n integrated in developing programs and initiatives;\n ``(B) monitor progress on implementation of such \n action plan; and\n ``(C) provide to the Chief Human Capital Officer \n and the steering committee quarterly reports on actions \n planned and progress made under this paragraph.\n ``(c) Termination.--This section shall terminate on the date that \nis 5 years after the date of the enactment of this section.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by inserting after the \nitem relating to section 709 the following new item:\n\n``Sec. 710. Employee engagement.''.\n (c) Submissions to Congress.--\n (1) Department-wide employee engagement action plan.--The \n Secretary of Homeland Security, acting through the Chief Human \n Capital Officer of the Department of Homeland Security, shall \n submit to the Committee on Homeland Security of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate the Department-wide employee \n engagement action plan required under subsection (b)(1) of \n section 710 of the Homeland Security Act of 2002 (as added by \n subsection (a) of this section) not later than 30 days after \n the issuance of such plan under such subsection (b)(1).\n (2) Component-specific employee engagement plans.--Each \n head of a component of the Department of Homeland Security \n shall submit to the Committee on Homeland Security of the House \n of Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate the component-specific \n employee engagement plan of each such component required under \n subsection (b)(2) of section 710 of the Homeland Security Act \n of 2002 (as added by subsection (a) of this section) not later \n than 30 days after the issuance of each such plan under such \n subsection (b)(2).\n\nSEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM.\n\n (a) In General.--Title VII of the Homeland Security Act of 2002 (6 \nU.S.C. 341 et seq.), as amended by section 3 of this Act, is further \namended by adding at the end the following new section:\n\n``SEC. 711. ANNUAL EMPLOYEE AWARD PROGRAM.\n\n ``(a) In General.--The Secretary may establish an annual employee \naward program to recognize Department employees or groups of employees \nfor significant contributions to the achievement of the Department's \ngoals and missions. If such a program is established, the Secretary \nshall--\n ``(1) establish within such program categories of awards, \n each with specific criteria, that emphasizes honoring employees \n who are at the non-supervisory level;\n ``(2) publicize within the Department how any employee or \n group of employees may be nominated for an award;\n ``(3) establish an internal review board comprised of \n representatives from Department components, headquarters, and \n field personnel to submit to the Secretary award \n recommendations regarding specific employees or groups of \n employees;\n ``(4) select recipients from the pool of nominees submitted \n by the internal review board under paragraph (3) and convene a \n ceremony at which employees or groups of employees receive such \n awards from the Secretary; and\n ``(5) publicize such program within the Department.\n ``(b) Internal Review Board.--The internal review board described \nin subsection (a)(3) shall, when carrying out its function under such \nsubsection, consult with representatives from operational components \nand headquarters, including supervisory and non-supervisory personnel, \nand employee labor organizations that represent Department employees.\n ``(c) Rule of Construction.--Nothing in this section may be \nconstrued to authorize additional funds to carry out the requirements \nof this section or to require the Secretary to provide monetary bonuses \nto recipients of an award under this section.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002, as amended by section 3 of this Act, \nis further amended by inserting after the item relating to section 710 \nthe following new item:\n\n``Sec. 711. Annual employee award program.''.\n\nSEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.\n\n (a) In General.--Not later than 120 days after the date of the \nenactment of this Act or the issuance of a report by the Inspector \nGeneral of the Department of Homeland Security on the extent to which \nthe Department has an equitable and consistent disciplinary process, \nwhichever is later, but in no case later than 1 year after such date of \nenactment, the Comptroller General of the United States shall utilize, \nif available, such report and investigate whether the application of \ndiscipline and adverse actions are administered in an equitable and \nconsistent manner that results in the same or substantially similar \ndisciplinary outcomes across the Department for misconduct by a non-\nsupervisory or supervisor employee who engaged in the same or \nsubstantially similar misconduct.\n (b) Consultation.--In carrying out the investigation described in \nsubsection (a), the Comptroller General of the United States shall \nconsult with the employee engagement steering committee established \npursuant to subsection (b)(1) of section 710 of the Homeland Security \nAct of 2002 (as added by section 3(a) of this Act).\n (c) Action by Under Secretary for Management.--Upon completion of \nthe investigation described in subsection (a), the Under Secretary for \nManagement of the Department of Homeland Security shall review the \nfindings and recommendations of such investigation and implement a \nplan, in consultation with the employee engagement steering committee \nestablished pursuant to subsection (b)(1) of section 710 of the \nHomeland Security Act of 2002, to correct any relevant deficiencies \nidentified by the Comptroller General of the United States. The Under \nSecretary for Management shall direct the employee engagement steering \ncommittee to review such plan to inform committee activities and action \nplans authorized under such section 710.\n\nSEC. 5. PROHIBITION ON NEW FUNDING.\n\n No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by this Act. Such requirements shall \nbe carried out using amounts otherwise authorized.\n\n Passed the House of Representatives June 20, 2017.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017 or the DHS MORALE Act This bill amends the Homeland Security Act of 2002 to require the Chief Human Capital Officer of the Department of Homeland Security (DHS) to: develop and implement strategic workforce planning policies with respect to leader development and employee engagement, develop and implement policies that are informed by employee feedback. Require that the career path framework and leader development opportunities are informed by an assessment of the learning and developmental needs of employees across DHS and appropriate workforce planning initiatives. Maintain a catalogue of available employee development opportunities, departmental leadership development programs, interagency development programs, and other rotational programs. And ensure that employee discipline and adverse action programs comply with all pertinent laws, regulations, and federal guidance and ensure due process. The chief may designate a DHS employee to serve as Chief Learning and Engagement Officer. DHS's report to Congress on fulfilling its workforce strategies shall include information on: (1) employee development opportunities, participation and attrition rates, and impacts on retention and employee satisfaction, (2) progress of strategic workforce planning efforts. And (3) activities of the employee engagement steering committee. The bill establishes an employee engagement steering committee, including representatives from operational components, headquarters, field personnel, and employee labor organizations, to: identify factors that have a negative impact on employee engagement, morale, and communications within DHS. Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within DHS. Monitor efforts of each DHS component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications. Advise DHS on efforts to improve employee engagement, morale, and communications within specific DHS components and across DHS. And conduct regular meetings and report, at least quarterly, to the Under Secretary for Management, the head of each component, and the DHS Secretary on DHS-wide efforts to improve employee engagement, morale, and communications. The chief shall: (1) issue a DHS-wide employee engagement action plan to execute strategies to improve employee engagement, morale, and communications within DHS. And (2) require each component to develop and implement a component-specific plan to advance such action plan, monitor progress, and provide quarterly reports on progress. The preceding provisions terminate five years after enactment. DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of its goals and missions. The Government Accountability Office (GAO) shall utilize a report by the Inspector General General of DHS, if available, and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across DHS for misconduct by a non-supervisory or a supervisor employee. DHS's Under Secretary for Management shall: (1) review the findings and recommendations of such investigation and implement a plan to correct any relevant deficiencies identified by the GAO, and (2) direct the steering committee to review such plan to inform committee activities and action plans authorized under this bill.","title":"Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017","text_len":14694,"sum_len":3698} {"bill_id":"107_s1828","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Prosecutors Retirement \nBenefit Equity Act of 2001''.\n\nSEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW \n ENFORCEMENT OFFICER.\n\n (a) Civil Service Retirement System.--\n (1) In general.--Paragraph (20) of section 8331 of title 5, \n United States Code, is amended by striking ``position.'' and \n inserting ``position and a Federal prosecutor.''.\n (2) Federal prosecutor defined.--Section 8331 of title 5, \n United States Code, is amended--\n (A) in paragraph (27), by striking ``and'' at the \n end;\n (B) in paragraph (28), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(29) `Federal prosecutor' means--\n ``(A) an assistant United States attorney under \n section 542 of title 28; or\n ``(B) an attorney employed by the Department of \n Justice and designated by the Attorney General of the \n United States.''.\n (b) Federal Employees' Retirement System.--\n (1) In general.--Paragraph (17) of section 8401 of title 5, \n United States Code, is amended--\n (A) in subparagraph (C), by striking ``and'' at the \n end;\n (B) in subparagraph (D), by adding ``and'' after \n the semicolon; and\n (C) by adding at the end the following:\n ``(E) a Federal prosecutor;''.\n (2) Federal prosecutor defined.--Section 8401 of title 5, \n United States Code, is amended--\n (A) in paragraph (33), by striking ``and'' at the \n end;\n (B) in paragraph (34), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(35) `Federal prosecutor' means--\n ``(A) an assistant United States attorney under \n section 542 of title 28; or\n ``(B) an attorney employed by the Department of \n Justice and designated by the Attorney General of the \n United States.''.\n (c) Treatment Under Certain Provisions of Law (Unrelated to \nRetirement) To Remain Unchanged.--\n (1) Original appointments.--Subsections (d) and (e) of \n section 3307 of title 5, United States Code, are amended by \n adding at the end of each the following: ``The preceding \n sentence shall not apply in the case of an original appointment \n of a Federal prosecutor as defined under section 8331(29) or \n 8401(35).''.\n (2) Mandatory separation.--Sections 8335(b) and 8425(b) of \n title 5, United States Code, are amended by adding at the end \n of each the following: ``The preceding provisions of this \n subsection shall not apply in the case of a Federal prosecutor \n as defined under section 8331(29) or 8401(35).''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the first day of the first applicable pay period beginning on \nor after 120 days after the date of enactment of this Act.\n\nSEC. 3. PROVISIONS RELATING TO INCUMBENTS.\n\n (a) Definitions.--In this section, the term--\n (1) ``Federal prosecutor'' means--\n (A) an assistant United States attorney under \n section 542 of title 28, United States Code; or\n (B) an attorney employed by the Department of \n Justice and designated by the Attorney General of the \n United States; and\n (2) ``incumbent'' means an individual who is serving as a \n Federal prosecutor on the effective date of this section.\n (b) Designated Attorneys.--If the Attorney General of the United \nStates makes any designation of an attorney to meet the definition \nunder subsection (a)(1)(B) for purposes of being an incumbent under \nthis section,--\n (1) such designation shall be made before the effective \n date of this section; and\n (2) the Attorney General shall submit to the Office of \n Personnel Management before that effective date--\n (A) the name of the individual designated; and\n (B) the period of service performed by that \n individual as a Federal prosecutor before that \n effective date.\n (c) Notice Requirement.--Not later than 9 months after the date of \nenactment of this Act, the Department of Justice shall take measures \nreasonably designed to provide notice to incumbents on--\n (1) their election rights under this Act; and\n (2) the effects of making or not making a timely election \n under this Act.\n (d) Election Available to Incumbents.--\n (1) In general.--An incumbent may elect, for all purposes, \n to be treated--\n (A) in accordance with the amendments made by this \n Act; or\n (B) as if this Act had never been enacted.\n (2) Failure to elect.--Failure to make a timely election \n under this subsection shall be treated in the same way as an \n election under paragraph (1)(A), made on the last day allowable \n under paragraph (3).\n (3) Time limitation.--An election under this subsection \n shall not be effective unless the election is made not later \n than the earlier of--\n (A) 120 days after the date on which the notice \n under subsection (c) is provided; or\n (B) the date on which the incumbent involved \n separates from service.\n (e) Limited Retroactive Effect.--\n (1) Effect on retirement.--In the case of an incumbent who \n elects (or is deemed to have elected) the option under \n subsection (d)(1)(A), all service performed by that individual \n as a Federal prosecutor shall--\n (A) to the extent performed on or after the \n effective date of that election, be treated in \n accordance with applicable provisions of subchapter III \n of chapter 83 or chapter 84 of title 5, United States \n Code, as amended by this Act; and\n (B) to the extent performed before the effective \n date of that election, be treated in accordance with \n applicable provisions of subchapter III of chapter 83 \n or chapter 84 of such title, as if the amendments made \n by this Act had then been in effect.\n (2) No other retroactive effect.--Nothing in this Act \n (including the amendments made by this Act) shall affect any of \n the terms or conditions of an individual's employment (apart \n from those governed by subchapter III of chapter 83 or chapter \n 84 of title 5, United States Code) with respect to any period \n of service preceding the date on which such individual's \n election under subsection (d) is made (or is deemed to have \n been made).\n (f) Individual Contributions for Prior Service.--\n (1) In general.--An individual who makes an election under \n subsection (d)(1)(A) may, with respect to prior service \n performed by such individual, contribute to the Civil Service \n Retirement and Disability Fund the difference between the \n individual contributions that were actually made for such \n service and the individual contributions that should have been \n made for such service if the amendments made by section 2 had \n then been in effect.\n (2) Effect of not contributing.--If no part of or less than \n the full amount required under paragraph (1) is paid, all prior \n service of the incumbent shall remain fully creditable as law \n enforcement officer service, but the resulting annuity shall be \n reduced in a manner similar to that described in section \n 8334(d)(2) of title 5, United States Code, to the extent \n necessary to make up the amount unpaid.\n (3) Prior service defined.--For purposes of this section, \n the term ``prior service'' means, with respect to any \n individual who makes an election under subsection (d)(1)(A), \n service performed by such individual before the date as of \n which appropriate retirement deductions begin to be made in \n accordance with such election.\n (g) Government Contributions for Prior Service.--\n (1) In general.--If an incumbent makes an election under \n subsection (d)(1)(A), the Department of Justice shall remit to \n the Office of Personnel Management, for deposit in the Treasury \n of the United States to the credit of the Civil Service \n Retirement and Disability Fund, the amount required under \n paragraph (2) with respect to such service.\n (2) Amount required.--The amount the Department of Justice \n is required to remit is, with respect to any prior service, the \n total amount of additional Government contributions to the \n Civil Service Retirement and Disability Fund (over and above \n those actually paid) that would have been required if the \n amendments made by section 2 had then been in effect.\n (3) Contributions to be made ratably.--Government \n contributions under this subsection on behalf of an incumbent \n shall be made by the Department of Justice ratably (on at least \n an annual basis) over the 10-year period beginning on the date \n referred to in subsection (f)(3).\n (h) Regulations.--Except as provided under section 4, the Office of \nPersonnel Management shall prescribe regulations necessary to carry out \nthis Act, including provisions under which any interest due on the \namount described under subsection (f) shall be determined.\n (i) Effective Date.--This section shall take effect 120 days after \nthe date of enactment of this Act.\n\nSEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.\n\n (a) Definition.--In this section the term ``Federal prosecutor'' \nhas the meaning given under section 3(a)(1).\n (b) Regulations.--\n (1) In general.--Not later than 120 days after the date of \n enactment of this Act, the Attorney General of the United \n States shall--\n (A) consult with the Office of Personnel Management \n on this Act (including the amendments made by this \n Act); and\n (B) promulgate regulations for making designations \n of Federal prosecutors who are not assistant United \n States attorneys.\n (2) Contents.--Any regulations promulgated under paragraph \n (1) shall ensure that attorneys designated as Federal \n prosecutors who are not assistant United States attorneys have \n routine employee responsibilities that are substantially \n similar to those of assistant United States attorneys assigned \n to the litigation of criminal cases, such as the representation \n of the United States before grand juries and in trials, \n appeals, and related court proceedings.\n (c) Designations.--The designation of any Federal prosecutor who is \nnot an assistant United States attorney for purposes of this Act \n(including the amendments made by this Act) shall be at the discretion \nof the Attorney General of the United States.","summary":"Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of law enforcement officer (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws. Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund. Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period.","title":"A bill to amend subchapter III of chapter 83 and chapter 84 of title 5, United States Code, to include Federal prosecutors within the definition of a law enforcement officer, and for other purposes.","text_len":11853,"sum_len":1190} {"bill_id":"113_s1789","text":"SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF \n PEG USE.\n\n (a) In General.--Section 611 of the Communications Act of 1934 (47 \nU.S.C. 531) is amended--\n (1) by redesignating subsection (f) as subsection (h); and\n (2) by inserting after subsection (e) the following:\n ``(f) Signal Quality and Content.--\n ``(1) In general.--A cable operator that operates a cable \n system with channel capacity designated under subsection (b) or \n that is required to provide channel capacity under subsection \n (g)(6) shall, with respect to such channel capacity--\n ``(A) carry signals for public, educational, or \n governmental use from the point of origin of such \n signals to subscribers without material degradation and \n without altering or removing content or data provided \n as part of the public, educational, or governmental \n use;\n ``(B) provide such signals to, and make such \n signals viewable by, every subscriber of the cable \n system without additional service or equipment charges; \n and\n ``(C) provide to the appropriate local government \n subdivision, free of charge, any transmission services \n and the use of any transmission facilities that are \n necessary to meet the requirements of subparagraph (A).\n ``(2) Enforcement.--The requirements of this subsection may \n be enforced by--\n ``(A) a local government subdivision; or\n ``(B) a State.\n ``(g) Preservation of Support of Public, Educational, and \nGovernmental Use.--\n ``(1) Level of support required.--In a State that adopts \n legislation affecting cable system franchising requirements \n relating to support for public, educational, or governmental \n use of a cable system that becomes effective after May 31, \n 2005, notwithstanding such legislation, a cable operator owes \n to any local government subdivision in which the operator \n provides cable service during a year beginning after the date \n of enactment of this subsection an amount for such year to be \n determined by the local government subdivision, but not to \n exceed the greatest of the following:\n ``(A) The amount of support provided in the last \n calendar year ending before the effective date of such \n State legislation.\n ``(B) The average annual amount of support provided \n over the term of the franchise under which the cable \n operator was operating on the day before the effective \n date of such State legislation.\n ``(C) The amount of support that the cable operator \n is required to provide to such local government \n subdivision under such State legislation during the \n year involved.\n ``(D) An amount of support equal to 2 percent of \n the gross revenues of the cable operator from the \n operation of the cable system to provide cable services \n in such local government subdivision during the year \n involved.\n ``(2) Forms of support.--For purposes of paragraph (1), \n support for public, educational, or governmental use of a cable \n system means all cash payments, in-kind support, and free \n services that the operator of the cable system, or its \n predecessor, provides to the local government subdivision for \n such use of the cable system.\n ``(3) Adjustment for inflation.--For a year beginning on or \n after the effective date described in subparagraphs (A) and (B) \n of paragraph (1), on the date that the Gross National Product \n Price Index is first published by the Bureau of Economic \n Analysis after the end of June of such year, the amounts \n specified in such subparagraphs shall be increased by the \n percentage increase, if any, in the Index published on such \n date from the Index first published after the end of June of \n the preceding year.\n ``(4) Cash payments.--A cable operator that owes amounts \n under paragraph (1) shall, beginning not later than 30 days \n after the date of enactment of this subsection, pay such \n amounts in cash--\n ``(A) in accordance with the schedule for payment \n of franchise fees, communications taxes, or other \n similar assessments under any applicable franchise; or\n ``(B) if there is no payment schedule for such \n assessments under an applicable franchise, in \n accordance with the most frequent payment schedule for \n such assessments under applicable State or local law.\n ``(5) Uses; disputes.--\n ``(A) Uses.--Support provided to any local \n government subdivision under this subsection shall be \n dedicated to public, educational, or governmental use \n of channel capacity.\n ``(B) Disputes.--\n ``(i) Mediation.--If there is a dispute as \n to amounts owed under this subsection, \n undisputed amounts shall be paid to the local \n government subdivision, disputed amounts shall \n be paid into an escrow account, and the parties \n shall submit to nonbinding mediation.\n ``(ii) Court proceedings.--If the dispute \n cannot be settled using mediation, either party \n may seek relief from a court of competent \n jurisdiction.\n ``(6) Channels.--In a State that adopts legislation \n affecting cable system franchising requirements relating to the \n number of channels for public, educational, or governmental use \n of a cable system that becomes effective after May 31, 2005, a \n cable operator shall, notwithstanding such legislation, provide \n in a local government subdivision at least the greater of the \n following number of channels for such use:\n ``(A) The number of channels for such use that the \n operator was providing in the local government \n subdivision on the day before the effective date of \n such State legislation.\n ``(B) If the operator provided fewer than 3 \n channels for such use in the local government \n subdivision on the day before the effective date of \n such State legislation, a number specified by the local \n government subdivision, but not to exceed 3.\n ``(7) Enforcement.--The requirements of this subsection may \n be enforced by--\n ``(A) a local government subdivision; or\n ``(B) a State.''.\n (b) Definitions.--\n (1) Cable service.--Section 602(6) of the Communications \n Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' \n and inserting ``means, regardless of the technology or \n transmission protocol used in the provision of service''.\n (2) Local government subdivision.--Section 602 of the \n Communications Act of 1934 (47 U.S.C. 522) is amended--\n (A) by redesignating paragraphs (13) through (20) \n as paragraphs (14) through (21), respectively; and\n (B) by inserting after paragraph (12) the \n following:\n ``(13) the term `local government subdivision' means--\n ``(A) except as provided in subparagraph (B), a \n franchising authority that derives its power to grant a \n franchise from State or local law; and\n ``(B) in a State that adopts legislation affecting \n cable system franchising requirements relating to \n support for public, educational, or governmental use of \n a cable system that becomes effective after May 31, \n 2005, an entity that was considered a franchising \n authority deriving its power to grant a franchise from \n State or local law as of the day before the effective \n date of such State legislation;''.\n (3) Franchise fee.--Section 622(g)(2) of the Communications \n Act of 1934 (47 U.S.C. 542(g)(2)) is amended--\n (A) in subparagraph (B), by striking ``in the case \n of any franchise in effect on the date of enactment of \n this title,'';\n (B) by striking subparagraph (C); and\n (C) by redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively.","summary":"Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data. (2) provide viewable signals to every cable subscriber without additional service or equipment charges. And (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation. And (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines quot, local government subdivisionquot. As a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of quot, franchise feequot. Including by striking a provision prohibiting such a fee from including capital costs that the franchise requires the cable operator to incur for PEG access facilities.","title":"A bill to amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.","text_len":9316,"sum_len":2106} {"bill_id":"113_hr3669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Probation System Reform \nAct''.\n\nSEC. 2. SUPERVISION OF A PERSON ASSIGNED AN ELECTRONIC MONITORING \n DEVICE AS A CONDITION OF RELEASE; PENALTY FOR DISABLING \n AN ELECTRONIC MONITORING DEVICE.\n\n (a) In General.--Part II of title 18, United States Code, is \namended by inserting after chapter 237 the following new chapter:\n\n ``CHAPTER 239--ELECTRONIC MONITORING DEVICES\n\n``Sec.\n``3801. Supervision of a person assigned an electronic monitoring \n device as a condition of release.\n``3802. Penalty for disabling an electronic monitoring device.\n``Sec. 3801. Supervision of a person assigned an electronic monitoring \n device as a condition of release\n ``(a) In General.--In the case of a person who was convicted of a \nFederal offense who has been sentenced to probation pursuant to \nsubchapter B of chapter 227, placed on probation pursuant to the \nprovisions of chapter 403, or placed on supervised release pursuant to \nsection 3583, or a person accused of such an offense who has been \nreleased pending trial, sentence, or appeal pursuant to chapter 207, \nwho is required to wear an electronic monitoring device as a condition \nof such probation or release, the Director of the Administrative Office \nof the United States Courts shall ensure that an appropriate probation \nofficer or pretrial services officer supervises the person by doing the \nfollowing:\n ``(1) Conducting a daily review of any data produced by the \n electronic monitoring device worn by the person.\n ``(2) In the case of an alert produced by an electronic \n monitoring system that the Director determines requires an \n investigation, conducting an investigation immediately \n following the alert, including--\n ``(A) contacting the person;\n ``(B) inspecting the electronic monitoring device; \n and\n ``(C) documenting the alert and the response taken.\n ``(b) Uniform Standards.--Not later than 60 days after the date of \nthe enactment of this section, the Director of the Administrative \nOffice of the United States Courts shall issue uniform standards in \norder to implement subsection (a).\n``Sec. 3802. Penalty for disabling an electronic monitoring device\n ``(a) Offense.--Whoever--\n ``(1) intentionally disables an electronic monitoring \n device that was assigned to a person as a condition of \n probation pursuant to subchapter B of chapter 227 or chapter \n 403, supervised release pursuant to section 3583, or release \n pending trial, sentence, or appeal pursuant to chapter 207; or\n ``(2) having been assigned an electronic monitoring device \n as a condition of probation pursuant to subchapter B of chapter \n 227 or chapter 403, supervised release pursuant to section \n 3583, or release pending trial, sentence, or appeal pursuant to \n chapter 207, intentionally allows another person to disable \n such device;\nshall be punished as provided in subsection (b).\n ``(b) Punishment.--The punishment for an offense under subsection \n(a) is--\n ``(1) if the person to whom the electronic monitoring \n device was assigned commits a Federal, State, or local offense \n in addition to violating subsection (a) upon the disabling of \n such device, a fine under this title or imprisonment for not \n more than 4 years; or\n ``(2) if the person to whom the electronic monitoring \n device was assigned does not commit a Federal, State or local \n crime in addition to violating subsection (a) upon the \n disabling of such device, a fine under this title or \n imprisonment for not more than 1 year.''.\n (b) Clerical Amendment.--The table of chapters for part II of title \n18, United States Code, is amended by inserting after the item relating \nto chapter 237 the following:\n\n``239. Electronic Monitoring Devices........................ 3801''.\n\nSEC. 3. INSPECTOR GENERAL FOR PROBATION AND PRETRIAL SERVICES.\n\n (a) In General.--Chapter 207 of part II of title 18, United States \nCode, is amended--\n (1) by redesignating sections 3155 and 3156 as sections \n 3156 and 3157, respectively;\n (2) after section 3154, by inserting the following:\n``Sec. 3155. Inspector General for Probation and Pretrial Services\n ``(a) Establishment.--There is established within pretrial services \n(commonly referred to as the United States Probation and Pretrial \nServices System) the Office of the Inspector General for Probation and \nPretrial Services (referred to in this section as the `Office').\n ``(b) Appointment, Term, and Removal of Inspector General.--\n ``(1) Appointment.--The head of the Office shall be the \n Inspector General, who shall be appointed by the Chief Justice \n of the United States after consultation with the majority and \n minority leaders of the Senate and the Speaker and minority \n leader of the House of Representatives.\n ``(2) Term.--The Inspector General shall serve for a term \n of four years and may be reappointed by the Chief Justice of \n the United States for any number of additional terms.\n ``(3) Removal.--The Inspector General may be removed from \n office by the Chief Justice of the United States. The Chief \n Justice shall communicate the reasons for any such removal to \n both Houses of Congress.\n ``(c) Duties.--With respect to probation and pretrial services, the \nOffice shall--\n ``(1) conduct investigations of alleged misconduct;\n ``(2) conduct and supervise audits and investigations;\n ``(3) prevent and detect waste, fraud, and abuse; and\n ``(4) recommend changes in laws or regulations governing \n probation and pretrial services.\n ``(d) Powers.--\n ``(1) In general.--In carrying out the duties of the \n Office, the Inspector General shall have the power--\n ``(A) to make investigations and reports;\n ``(B) to obtain information or assistance from any \n Federal, State, or local governmental agency, or other \n entity, or unit thereof, including all information kept \n in the normal course of business by probation and \n pretrial services in any judicial district;\n ``(C) to require, by subpoena or otherwise, the \n attendance and testimony of such witnesses, and the \n production of such books, records, correspondence \n memoranda, papers, and documents; which subpoena, in \n the case of contumacy or refusal to obey, shall be \n enforceable by civil action;\n ``(D) to administer to or take from any person an \n oath, affirmation, or affidavit;\n ``(E) to employ such officers and employees, \n subject to the provisions of title 5, governing \n appointments in the competitive service, and the \n provisions of chapter 51 and subchapter III of chapter \n 53 of such title relating to classification and General \n Schedule pay rates;\n ``(F) to obtain services authorized by section 3109 \n of title 5 at daily rates not to exceed the equivalent \n rate prescribed for grade GS-18 of the General Schedule \n by section 5332 of title 5; and--\n ``(G) to the extent and in such amounts as may be \n provided in advance by appropriations Acts, to enter \n into contracts and other arrangements for audits, \n studies, analyses, and other services with public \n agencies and with private persons, and to make such \n payments as may be necessary to carry out the duties of \n the Office.\n ``(2) Limitation.--The Inspector General shall not have the \n authority to--\n ``(A) investigate or review any matter that is \n directly related to the merits of a decision or \n procedural ruling by any judge or court; or\n ``(B) punish or discipline any pretrial services \n officer or probation officer.\n ``(e) Reports.--\n ``(1) When to be made.--The Inspector General shall--\n ``(A) make an annual report to the Director of the \n Administrative Office of the United States Courts and \n to Congress relating to the activities of the Office; \n and\n ``(B) make prompt reports to the Director and to \n Congress on matters that may require action by them.\n ``(2) Sensitive matter.--If a report contains sensitive \n matter, the Inspector General may so indicate and Congress may \n receive that report in closed session.\n ``(3) Duty to inform attorney general.--In carrying out the \n duties of the Office, the Inspector General shall report \n expeditiously to the Attorney General whenever the Inspector \n General has reasonable grounds to believe there has been a \n violation of Federal criminal law.\n ``(f) Whistleblower Protection.--\n ``(1) In general.--No officer, employee, agent, contractor, \n or subcontractor of pretrial services may discharge, demote, \n threaten, suspend, harass, or in any other manner discriminate \n against an employee in the terms and conditions of employment \n because of any lawful act done by the employee to provide \n information, cause information to be provided, or otherwise \n assist in an investigation regarding any possible violation of \n Federal law or regulation, or misconduct, by a pretrial \n services officer or probation officer, which may assist the \n Inspector General in the performance of duties under this \n chapter.\n ``(2) Civil action.--An employee injured in violation of \n paragraph (1) may, in a civil action, obtain appropriate \n relief.\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n (b) Clerical Amendments.--Chapter 207 of part II of title 18, \nUnited States Code, is amended--\n (1) in section 3157(b) (as redesignated by this Act) is \n amended by striking ``3152-3155'' and inserting ``3152-3156''; \n and\n (2) in the table of sections, after the item relating to \n section 3154, by inserting the following:\n\n``3155. Inspector General for Probation and Pretrial Services.''.","summary":"Federal Probation System Reform Act - Amends the federal criminal code to require the Director of the Administrative Office of the United States Courts to ensure that an appropriate probation or pretrial services officer supervises a person convicted of a federal offense who has been sentenced to probation, placed on probation, or placed on supervised release, or a person accused of such an offense who has been released pending trial, sentence, or appeal, and who is required to wear an electronic monitoring device as a condition of such probation or release, including by: (1) conducting a daily review of any data produced by such device. And (2) conducting an investigation immediately following an electronic monitoring system alert that the Director determines requires investigation. Prohibits, and sets penalties for, intentionally disabling such a device or allowing another person to disable such device. Establishes within the United States Probation and Pretrial Services System the Office of the Inspector General for Probation and Pretrial Services, which shall: (1) conduct investigations of alleged misconduct, (2) conduct and supervise audits and investigations, (3) prevent and detect waste, fraud, and abuse. (4) recommend changes in laws or regulations governing probation and pretrial services. And (5) report expeditiously to the Attorney General whenever there are reasonable grounds to believe there has been a violation of federal criminal law. Provides whistleblower protection for an employee who provides information to or otherwise assists the Inspector General in an investigation of a possible violation of federal law or misconduct by a pretrial services or probation officer.","title":"Federal Probation System Reform Act","text_len":11073,"sum_len":1712} {"bill_id":"112_hr5195","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Autism Understanding and Training in \nSchool Methodologies for Educators Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Autism is a group of complex developmental brain \n disorders collectively referred to as Autism Spectrum Disorders \n (ASDs) that can cause a wide range of symptoms, skills, and \n levels of impairment including social, communication and \n behavior changes.\n (2) Autism spectrum disorders are also referred to as \n pervasive developmental disorders and include subcategories of \n classic autism with ranges from high functioning autism (HFA) \n to low functioning autism, Asperger syndrome, and pervasive \n developmental disorder, not otherwise specified (PDD-NOS), as \n well as more severe cases of Rhett Syndrome and Child \n Disintegrative Disorder.\n (3) Autism affects an estimated 1 in 88 children by age 8 \n and 1 in 54 boys.\n (4) An estimated 1,500,000 individuals in the United States \n are affected by autism.\n (5) More children will be diagnosed with autism this year \n than with AIDS, diabetes, and cancer combined.\n (6) Autism is the fastest growing serious developmental \n disability in the United States.\n (7) Autism costs the Nation over $35,000,000,000 per year, \n a figure expected to significantly increase in the next decade.\n (8) Boys are five times more likely than girls to have \n autism.\n (9) There is currently no medical cure for autism, but \n there are evidence-based educational methods proven to be \n effective in improving outcomes for students with autism and \n research demonstrating the benefits of routine and consistency.\n (10) The least restrictive environment for educating \n students with autism spectrum disorder, including, but not \n limited to, students with high functioning autism, Asperger \n syndrome, and PDD-NOS, often is best achieved by enrollment in \n a general education classroom with proper support.\n (11) General education classroom teachers and staff often \n are not adequately trained to work effectively with students \n with autism spectrum disorders, who have a wide diversity of \n characteristics, although such skills may be attained through \n qualified training programs and may be relatively easy to \n implement in school settings.\n (12) Training general education classroom teachers and \n staff to implement evidence-based practices for educating \n students with autism spectrum disorders with accuracy and \n fidelity will help provide for best possible outcomes not only \n for students with autism, but also for other students in the \n classroom.\n (13) Children with autism in highly transient families, \n such as the military (where the rate of children on the \n spectrum is even higher) and foreign service families, often \n face additional challenges in the public education system \n because of frequent changes in the family's geographic duty \n station or a parent's deployment, which can interrupt the \n provision of appropriate interventions and continuity of \n effective educational methods.\n (14) In school districts that have a large population of \n transient families or that border military bases it is \n especially important to have staff who are highly trained to \n provide effective services and build a proven track record of \n academic achievement in serving students with autism.\n\nSEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.\n\n (a) Authorization of Grant Program.--The Secretary is authorized to \ncarry out a demonstration grant program to award grants to eligible \nentities to enable such entities to accomplish the purposes described \nin subsection (b).\n (b) Purposes.--A grant provided under this section shall be used \nfor the following purposes within schools providing education to \nchildren in grades pre-kindergarten through 12:\n (1) Providing evidence-based, in-service training to \n teachers, paraprofessionals, and other staff on effective ways \n to teach, communicate, recognize, support, and interact with \n children with autism spectrum disorder in the classroom and \n related school settings. Training on providing effective \n support includes but is not limited to academic support, \n behavioral support, communication support, social emotional \n support, and facilitating positive peer interactions and social \n skills.\n (2) Providing technical assistance consisting of \n consultation on the type of training needed, hands-on \n opportunities to practice and perform newly acquired skills and \n methodologies with fidelity, and post-training support to \n ensure accuracy of implementation in the classroom.\n (3) Executing strategies for recruiting and retaining \n skilled personnel participating in the education of children \n with autism spectrum disorders.\n (4) Implementing a program of parental support and \n involvement in the education of students with autism spectrum \n disorders.\n (c) Duration of Grants.--A grant provided under this section shall \nbe--\n (1) for a period of not more than 5 years, of which not \n more than the first 2 years shall be used for planning; and\n (2) subject to annual approval by the Secretary and subject \n to the availability of appropriations for the fiscal year \n involved.\n (d) Limitation on Administrative Costs.--An eligible entity may use \nnot more than 20 percent of the funds received under this section for \nthe administrative costs of carrying out its responsibilities under \nthis section.\n (e) Applications.--To be eligible to receive a grant under this \nsection, an eligible entity shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary may require.\n (f) Report.--The Secretary shall conduct an evaluation of the \ndemonstration program authorized by this section and, not later than 1 \nyear after the date of the completion of the demonstration program, \nshall prepare and submit to the President and the Congress a report on \nsuch evaluation, together with recommendations for dissemination and \nreplication of the results of the program.\n (g) Definitions.--For purposes of this section:\n (1) The term ``autism spectrum disorders (ASDs)'' refers to \n complex disorders of brain development that can affect \n individuals with varying degrees from mild to severe, and is \n characterized by a combination of restricted repetitive and \n stereotyped behaviors, interests and activities; qualitative \n impairments in social interactions; and qualitative impairments \n in verbal and nonverbal communication.\n (2) The term ``eligible entity'' means an eligible local \n educational agency, or a consortia of such agencies, in \n partnership with--\n (A) one or more institutions of higher education; \n or\n (B) one or more nonprofit educational entities with \n documented expertise in working with children with \n autism.\n (3) The term ``eligible local educational agency'' means a \n local educational agency that has no less than 10 percent of \n its special education population identified with autism \n spectrum disorders, including, but not limited to, high \n functioning autism, Asperger syndrome, and PDD-NOS, and have \n documented a growth pattern in the number of these students.\n (4) The term ``institution of higher education'' has the \n meaning given such term in section 102 of the Higher Education \n Act of 1965 (20 U.S.C. 1002).\n (5) The term ``local educational agency'' has the meaning \n given the term in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801).\n (6) The term ``Secretary'' means the Secretary of \n Education.","summary":"Autism Understanding and Training in School Methodologies for Educators Act of 2012 - Authorizes the Secretary of Education to carry out a demonstration program to award five-year grants to eligible local education agencies for the following purposes in schools for children in grades pre-kindergarten through 12: (1) providing training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorders in the classroom. (2) providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies, and post-training support to ensure accuracy of implementation in the classroom. (3) executing strategies for recruiting and retaining skilled personnel participating in the education of children with such disorders. And (4) implementing a program of parental support and involvement in the education of students with such disorders.","title":"To establish a 5-year demonstration program to provide skills to classroom teachers and staff who work with children with autism spectrum disorders.","text_len":8534,"sum_len":1037} {"bill_id":"105_hr1402","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Probabilistic Methods \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) probabilistic methods have wide applicability in \n improving process efficiency and eliminating overdesign in \n government programs and purchases;\n (2) the integration of probabilistic methods into business \n practices has contributed significantly to the success of \n industry quality programs and has saved billions of dollars for \n companies;\n (3) Federal use of probabilistic methods is less advanced \n than it is in industry;\n (4) probabilistic methods hold out the promise of better \n understanding of safety and environmental risks, and if \n properly applied can lead to more business-friendly \n regulations;\n (5) if made an integral part of federally funded design \n efforts, probabilistic methods could lead to a better \n understanding of the specifications a product must meet and \n reduce overdesign and associated costs; and\n (6) appropriate use of probabilistic methods within the \n programs of the Department of Transportation could lead through \n quantification of uncertainties to more reliable, less costly \n components of our transportation system, including roads, \n bridges, and automotive, aerospace, and mass transit systems, \n and could also benefit the programs of other Federal agencies \n such as the Department of Defense, the Department of Commerce, \n and the National Institutes of Health.\n\nSEC. 3. ESTABLISHMENT.\n\n The Administrator of the Research and Special Programs \nAdministration of the Department of Transportation (in this Act \nreferred to as the ``Administrator'') shall establish a commission to \nbe known as the ``Commission on Probabilistic Methods'' (in this Act \nreferred to as the ``Commission'').\n\nSEC. 4. DUTIES OF COMMISSION.\n\n The Commission shall--\n (1) identify where and how probabilistic methods can help \n the Department of Transportation;\n (2) assess the extent to which probabilistic methods can \n help the Department of Transportation maximize return on \n investment and increase public safety;\n (3) evaluate the state of probabilistic methods technology;\n (4) identify the probabilistic techniques that are ready \n for practical use and recommend guidelines that can help a user \n decide what technique to use;\n (5) establish models for quantifying uncertainties in major \n Department of Transportation programs that affect cost, \n operation, and performance;\n (6) identify key technology areas that must be further \n developed;\n (7) recommend guidelines for implementation of \n probabilistic technology;\n (8) recommend how to set reliability levels that can ensure \n public safety and be achievable by industry;\n (9) recommend probabilistic-based guidelines for safety \n tests;\n (10) recommend guidelines for creating required database;\n (11) determine appropriate means of expediting technology \n transfer and ensuring that the principles of probabilistic \n methods are used appropriately in decisions involving funds \n under the control of the Department of Transportation;\n (12) identify legal and cultural barriers to the effective \n use of probabilistic methods at the Department of \n Transportation;\n (13) make recommendations for the use of probabilistic \n methods in Department of Transportation programs;\n (14) make recommendations for institutionalizing \n probabilistic methods values at the Department of \n Transportation after the termination of the Commission; and\n (15) recommend pilot projects for evaluation of \n probabilistic methods technology.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 19 \nmembers as follows:\n (1) A chairperson, who shall be a representative of an \n engineering society with experience in probabilistic methods, \n such as the Society of Automotive Engineers.\n (2) Four members from the higher education community.\n (3) Four members from various levels of government.\n (4) Four members from industry.\n (5) One member representing labor.\n (6) One member representing the environmental community.\n (7) One member representing the public interest.\n (8) A representative of the Department of Defense, \n appointed by the Secretary of Defense.\n (9) A representative of the Department of Commerce, \n appointed by the Secretary of Commerce.\n (10) A representative of the National Institutes of Health, \n appointed by the Director of the National Institutes of Health.\nThe members described in paragraphs (1) through (7) shall be appointed \nby the Administrator.\n (b) Terms.--\n (1) In general.--Each member shall be appointed for the \n life of the Commission.\n (2) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (c) Basic Pay.--Members shall serve without pay.\n (d) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n (e) Quorum.--10 members of the Commission shall constitute a quorum \nbut a lesser number may hold hearings.\n (f) Initial Meeting.--The initial meeting of the Commission shall \noccur within 180 days after the date of the enactment of this Act.\n (g) Agenda.--Within 6 months after its initial meeting under \nsubsection (f), the Commission shall transmit to the Administrator a \nwritten agenda for its activities.\n\nSEC. 6. ADMINISTRATIVE SUPPORT.\n\n (a) In General.--The Department of Transportation shall provide the \nCommission with such administrative support as it shall require to \ncarry out its duties.\n (b) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n\nSEC. 7. REPORTS.\n\n (a) Interim Report.--The Commission shall transmit to the \nAdministrator an interim report not later than 2 years after its \ninitial meeting under section 5(f).\n (b) Final Report.--The Commission shall transmit a final report to \nthe Administrator not later than 36 months after its initial meeting \nunder section 5(f). The final report shall contain a detailed statement \nof the findings, conclusions, and recommendations of the Commission.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate 10 days after submitting its final \nreport pursuant to section 7(b). Section 14(a)(2)(B) of the Federal \nAdvisory Committee Act (5 U.S.C. App.; relating to the termination of \nadvisory committees) shall not apply to the Commission.\n\nSEC. 9. BUDGET ACT COMPLIANCE.\n\n Any spending authority (as defined in subparagraphs (A) and (C) of \nsection 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. \n651(c)(2)(A) and (C))) authorized by this Act shall be effective only \nto such extent and in such amounts as are provided in appropriation \nActs.","summary":"Commission on Probabilistic Methods Act - Directs the Administrator of the Research and Special Programs Administration of the Department of Transportation (DOT) to establish the Commission on Probabilistic Methods. Requires the Commission to identify and assess the extent to which the use of probabilistic methods can help DOT in administering its transportation programs.","title":"Commission on Probabilistic Methods Act","text_len":8048,"sum_len":374} {"bill_id":"106_hr1910","text":"SECTION. 1. SHORT TITLE\n\n This Act may be cited as the ``E-Mail User Protection Act''.\n\nSEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL.\n\n (a) Prohibition.--It shall be unlawful for any person, using any \nmeans or instrumentality of, or affecting, interstate or foreign \ncommerce--\n (1) to initiate the transmission of a unsolicited bulk \n electronic mail message that contains a false, fictitious, or \n misappropriated name of the sender, electronic mail return \n address, or name and phone number of a telephone contact \n person;\n (2) to initiate the transmission of a unsolicited bulk \n electronic mail message to an interactive computer service with \n knowledge that such message falsifies an Internet domain, \n header information, date or time stamp, originating e-mail \n address or other identifier;\n (3) to initiate the transmission of an unsolicited bulk \n electronic mail message and to fail to comply with the request \n of the recipient of the message, delivered to the sender's \n electronic mail address, that the recipient does not wish to \n receive such messages;\n (4) to use, create, sell, or distribute any computer \n software that is primarily designed to create, on an electronic \n mail message, false Internet domain, header information, date \n or time stamp, originating e-mail address or other identifier.\n (b) Violations.--\n (1) Civil fines.--Whoever knowingly violates subsection (a) \n shall be fined not more than the greater of (1) $50 for each \n message delivered in violation of such subsection, or (2) \n $10,000 for each day the violation continues.\n (2) Criminal sanctions.--Whoever--\n (A) intentionally violates subsection (a)(1) by \n misappropriating the name or electronic mail return \n address of another person; or\n (B) intentionally violates subsection (a)(3) by \n initiating the transmission of unsolicited electronic \n mail to an individual who has specifically communicated \n to the violator that individual's desire not to receive \n such mail;\n shall be fined under title 18, United States Code, or \n imprisoned not more than one year, or both.\n\nSEC. 3. ENFORCEMENT\n\n The Federal Trade Commission shall have the power to enforce a \nviolation of section 2 as an unfair or deceptive act or practice \nprescribed under section 18(a)(1)(B) of the Federal Trade Commission \nAct (15 U.S.C. 57(a)(1)(B)).\n\nSEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES.\n\n (a) Right of Action.--\n (1) Actions by interactive computer services.--Any \n interactive computer service that has been adversely affected \n by a violation of section 2(a)(2) may recover in a civil action \n from the person or entity that engaged in such violation such \n relief as may be appropriate.\n (2) Actions by recipients.--Any person or entity that has \n received an unsolicited bulk email and been adversely affected \n by a violation of section 2 may recover in a civil action from \n the person or entity that engaged in such violation such relief \n as may be appropriate.\n (b) Relief.--\n (1) Actions by interactive computer services.--In an action \n under subsection (a)(1), appropriate relief includes--\n (A) such preliminary and other equitable or \n declaratory relief as may be appropriate, including an \n injunction against future violations;\n (B) actual monetary loss from a violation, \n statutory damages of not more than the greater of --\n (i) $50 for each message delivered in \n violation of section 2(a)(2); or\n (ii) $10,000 for each day during which the \n violation continues; and\n (C) a reasonable attorney's fee and other \n litigation costs reasonably incurred.\n (2) Actions by recipients.--In an action under subsection \n (a)(2), appropriate relief includes--\n (A) such preliminary and other equitable or \n declaratory relief as may be appropriate, including an \n injunction against future violations;\n (B) actual monetary loss from a violation, \n statutory damages of $50 for each message delivered in \n violation of section 2(a)(2); and\n (C) a reasonable attorney's fee and other \n litigation costs reasonably incurred.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act:\n (1) Unsolicited bulk electronic mail message.--The term \n ``unsolicited bulk electronic mail message'' means any \n electronic mail message initiated by any person for commercial \n purposes, except for--\n (A) electronic mail sent to others with whom such \n person has a prior relationship, including a prior \n business relationship; or\n (B) electronic mail sent to a recipient if such \n recipient, or someone authorized by them, has at any \n time affirmatively requested to receive communications \n from that source.\n (2) Electronic mail address.--The term ``electronic mail \n address'' means a destination on the Internet (commonly \n expressed as a string of characters) to which electronic mail \n can be sent or delivered.\n (3) Interactive computer service.--The term ``interactive \n computer service'' has the meaning given that term in section \n 230(e)(2) of the Communications Act of 1934 (47 U.S.C. \n 230(e)(2)).\n (4) Internet domain.--The term ``Internet domain'' means a \n specific computer system (commonly referred to as a ``host'') \n or collection of computer systems that the Internet can \n reference, that are assigned a specific reference point on the \n Internet (commonly referred to as an ``Internet domain name''), \n and that are registered with an organization that the Internet \n industry recognizes as a registrar of Internet domains.\n (5) Initiates the transmission.--The term ``initiates the \n transmission,'' in the case of an electronic mail message, \n means to originate the electronic mail message, and excludes \n the actions of any interactive computer service whose \n facilities or services are used by another person to transmit, \n relay, or otherwise handle such message.\n\nSEC. 6. EFFECTIVE DATE.\n\n The provisions of this Act shall take effect 45 days after the date \nof enactment of this Act.","summary":"E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person. (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information. (3) initiate such a message and fail to comply with the recipient's request to not receive such messages. Or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information. Provides civil fines and criminal sanctions for such violations. Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice. Provides appropriate relief for both interactive computer services and recipients.","title":"E-Mail User Protection Act","text_len":7049,"sum_len":936} {"bill_id":"104_s488","text":"SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME.\n\n (a) In General.--Section 1 of the Internal Revenue Code of 1986 is \namended to read as follows:\n\n``SECTION 1. TAX IMPOSED.\n\n ``(a) Imposition of Tax.--There is hereby imposed on the income of \nevery individual a tax equal to 20 percent of the excess (if any) of--\n ``(1) the taxable earned income received or accrued during \n the taxable year, over\n ``(2) the standard deduction (as defined in section 63) for \n such taxable year.\n ``(b) Taxable Earned Income.--For purposes of this section, the \nterm `taxable earned income' means the excess (if any) of earned income \n(as defined in section 911(d)(2)) over the foreign earned income (as \ndefined in section 911(b)(1)).''\n (b) Increase in Standard Deduction.--Section 63 of such Code is \namended to read as follows:\n\n``SEC. 63. STANDARD DEDUCTION.\n\n ``(a) In General.--For purposes of this subtitle, the term \n`standard deduction' means the sum of--\n ``(1) the basic standard deduction, plus\n ``(2) the additional standard deduction.\n ``(b) Basic Standard Deduction.--For purposes of subsection (a), \nthe basic standard deduction is--\n ``(1) $16,500 in the case of--\n ``(A) a joint return, and\n ``(B) a surviving spouse (as defined in section \n 2(a)),\n ``(2) $14,000 in the case of a head of household (as \n defined in section 2(b)), and\n ``(3) $9,500 in the case of an individual--\n ``(A) who is not married and who is not a surviving \n spouse or head of household, or\n ``(B) who is a married individual filing a separate \n return.\n ``(c) Additional Standard Deduction.--For purposes of subsection \n(a), the additional standard deduction is $4,500 for each dependent (as \ndefined in section 152) described in section 151(c)(1) for the taxable \nyear.\n ``(d) Inflation Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 1995, each dollar amount \n contained in subsections (b) and (c) shall be increased by an \n amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment under section \n 1(f)(3) for the calendar year in which the taxable year \n begins, determined by substituting `calendar year 1994' \n for `calendar year 1992' in subparagraph (B) of such \n section.\n ``(2) Rounding.--If any increase determined under paragraph \n (1) is not a multiple of $50, such amount shall be rounded to \n the next lowest multiple of $50.''\n\nSEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS.\n\n (a) In General.--Subsection (a) of section 170 of the Internal \nRevenue Code of 1986 (relating to charitable, etc., contributions and \ngifts) is amended--\n (1) by striking paragraph (1) and inserting the following \n new paragraph:\n ``(1) General rule.--There shall be allowed as a deduction \n any charitable contribution (as defined in subsection (c)) not \n to exceed $2,500 ($1,250, in the case of a married individual \n filing a separate return), payment of which is made within the \n taxable year.'', and\n (2) by striking paragraph (3).\n (b) Conforming Amendments.--\n (1) Section 170(b) of the Internal Revenue Code of 1986 is \n amended by adding at the end the following new paragraph:\n ``(3) Termination of subsection.--This subsection shall not \n apply to taxable years beginning after December 31, 1995.''\n (2) Section 170(c) of such Code is amended by inserting \n ``of cash or its equivalent'' after ``means a contribution or \n gift''.\n (3) Subsections (d) and (e) of section 170 of such Code are \n repealed.\n (4) Section 170(f) of such Code is amended by striking \n paragraphs (1) through (7) and by redesignating paragraphs (8) \n and (9) as paragraphs (1) and (2), respectively.\n (5) Subsections (h) and (i) of section 170 of such Code are \n repealed.\n\nSEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION \n INDEBTEDNESS.\n\n Paragraph (3) of section 163(h) of the Internal Revenue Code of \n1986 (relating to interest) is amended--\n (1) by striking subparagraphs (A), (C), and (D) and \n inserting before subparagraph (B) the following new \n subparagraph:\n ``(A) In general.--The term `qualified residence \n interest' means any interest which is paid or accrued \n during the taxable year on acquisition indebtedness \n with respect to any qualified residence of the \n taxpayer. For purposes of the preceding sentence, the \n determination of whether any property is a qualified \n residence of the taxpayer shall be made as of the time \n the interest is accrued.'', and\n (2) by striking ``$1,000,000'' each place it appears and \n ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' \n and ``$50,000'', respectively.\n\nSEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES.\n\n Section 11 of the Internal Revenue Code of 1986 (relating to tax \nimposed on corporations) is amended to read as follows:\n\n``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES.\n\n ``(a) Tax Imposed.--There is hereby imposed on every person engaged \nin a business activity a tax equal to 20 percent of the business \ntaxable income of such person.\n ``(b) Liability for Tax.--The tax imposed by this section shall be \npaid by the person engaged in the business activity, whether such \nperson is an individual, partnership, corporation, or otherwise.\n ``(c) Business Taxable Income.--\n ``(1) In general.--For purposes of this section, the term \n `business taxable income' means gross active income reduced by \n the deductions specified in subsection (d).\n ``(2) Gross active income.--For purposes of paragraph (1), \n the term `gross active income' means gross income other than \n investment income.\n ``(d) Deductions.--\n ``(1) In general.--The deductions specified in this \n subsection are--\n ``(A) the cost of business inputs for the business \n activity,\n ``(B) the compensation (including contributions to \n qualified retirement plans but not including other \n fringe benefits) paid for employees performing services \n in such activity, and\n ``(C) the cost of tangible personal and real \n property used in such activity.\n ``(2) Business inputs.--For purposes of subparagraph (A), \n the term `cost of business inputs' means--\n ``(A) the actual amount paid for goods, services, \n and materials, whether or not resold during the taxable \n year,\n ``(B) the fair market value of business inputs \n brought into the United States, and\n ``(C) the actual cost, if reasonable, of travel and \n entertainment expenses for business purposes.\n Such term shall not include purchases of goods and services \n provided to employees or owners.\n ``(e) Carryover of Excess Deductions.--\n ``(1) In general.--If the aggregate deductions for any \n taxable year exceed the gross active income for such taxable \n year, the amount of the deductions specified in subsection (d) \n for the succeeding taxable year (determined without regard to \n this subsection) shall be increased by the sum of--\n ``(A) such excess, plus\n ``(B) the product of such excess and the 3-month \n Treasury rate for the last month of such taxable year.\n ``(2) 3-month treasury rate.--For purposes of paragraph \n (1), the 3-month Treasury rate is the rate determined by the \n Secretary based on the average market yield (during any 1-month \n period selected by the Secretary and ending in the calendar \n month in which the determination is made) on outstanding \n marketable obligations of the United States with remaining \n periods to maturity of 3 months or less.''\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to taxable years \nbeginning after December 31, 1995.","summary":"Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. Increases the basic standard deduction and includes an additional standard deduction , with inflation adjustments. Limits charitable contributions to $2,500 . Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax.","title":"A bill to amend the Internal Revenue Code of 1986 to impose a flat tax only on the earned income of individuals and the business taxable income of corporations, and for other purposes.","text_len":8807,"sum_len":668} {"bill_id":"110_hr3818","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayer Choice Act of 2007''.\n\nSEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX FOR NONCORPORATE TAXPAYERS.\n\n (a) In General.--Section 55(a) of the Internal Revenue Code of 1986 \n(relating to alternative minimum tax imposed) is amended by adding at \nthe end the following new flush sentence:\n``In the case of a taxpayer other than a corporation, no tax shall be \nimposed by this section for any taxable year beginning after December \n31, 2006, and the tentative minimum tax of any taxpayer other than a \ncorporation for any such taxable year shall be zero for purposes of \nthis title.''.\n (b) Conforming Amendments.--\n (1) Section 26(c) of such Code is amended by striking ``the \n term `tentative minimum tax' means the amount determined under \n section 55(b)(1)'' and inserting ``the tentative minimum tax is \n zero.''.\n (2) Section 911(f)(2) of such Code is amended to read as \n follows:\n ``(2) the tentative minimum tax under section 55 for the \n taxable year shall be zero.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2006.\n\nSEC. 3. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM.\n\n (a) In General.--Part I of subchapter A of chapter 1 of the \nInternal Revenue Code of 1986 (relating to tax on individuals) is \namended by redesignating section 5 as section 6 and by inserting after \nsection 4 the following new section:\n\n``SEC. 5. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM.\n\n ``(a) Election.--\n ``(1) In general.--A taxpayer other than a corporation may \n elect in accordance with this subsection to be subject to the \n tax imposed by this section in lieu of the tax imposed by \n section 1 for a taxable year and all subsequent taxable years.\n ``(2) Effect of election.--For purposes of this title, if \n an election is in effect under paragraph (1) for any taxable \n year, the tax imposed by this section shall be treated as the \n tax imposed by section 1 for the taxable year.\n ``(3) Election.--\n ``(A) In general.--\n ``(i) In general.--Except as provided in \n clause (ii) of this subparagraph and clauses \n (ii) and (iii) of subparagraph (B), the \n election under paragraph (1) may only be made \n with respect to any taxable year beginning \n before January 1, 2017, on a timely filed \n return for the first taxable year for which the \n election applies.\n ``(ii) New taxpayers.--In the case of an \n individual with no tax liability under this \n title before January 1, 2017, the election \n under paragraph (1) may only be made for the \n first taxable year beginning after December 31, \n 2016, for which such individual has tax \n liability under this title.\n ``(B) Effect of election.--\n ``(i) In general.--Except as provided in \n clauses (ii) and (iii), the election under \n paragraph (1), once made, shall be irrevocable.\n ``(ii) One-time revocation of election.--A \n taxpayer may revoke an election under paragraph \n (1) for a taxable year and all subsequent \n taxable years. The preceding sentence shall not \n apply if the taxpayer has made a revocation \n under such sentence for any prior taxable year.\n ``(iii) Filing status changes due to major \n life events.--In the case of any major life \n event described in clause (iv), a taxpayer may \n make an election under paragraph (1) or revoke \n such an election under clause (ii). Any such \n election or revocation shall apply for the \n taxable year for which made and all subsequent \n taxable years until the taxpayer makes an \n election under the preceding sentence for any \n subsequent (and all succeeding) taxable year.\n ``(iv) Major life event.--For purposes of \n clause (iii), a major life event described in \n this clause is marriage, divorce, and death.\n ``(b) Tax Imposed.--\n ``(1) Married individuals and surviving spouses.--In the \n case of a taxpayer for whom an election under subsection (a) is \n in effect and who is a married individual (as defined in \n section 7703) who makes a single return jointly with his spouse \n under section 6013 or a surviving spouse (as defined in section \n 2(a)), there is hereby imposed on the alternative taxable \n income of such individual a tax determined in accordance with \n the following table:\n\n``If taxable income is: The tax is:\n Not over $100,000..............\n 10% of alternative taxable \n income. \n Over $100,000..................\n $10,000, plus 25% of the excess \n over $100,000.\n ``(2) Unmarried individuals (other than surviving \n spouses).--In the case of a taxpayer for whom an election under \n subsection (a) is in effect and who is not described in \n paragraph (1), there is hereby imposed on the alternative \n taxable income of such individual a tax determined in \n accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $50,000...............\n 10% of alternative taxable \n income. \n Over $50,000...................\n $5,000, plus 25% of the excess \n over $50,000.\n ``(c) Maximum of Tax on Net Capital Gain of Noncorporate \nTaxpayers.--If a taxpayer has a net capital gain for the taxable year, \nthe tax imposed by subsection (b) for such taxable year shall not \nexceed the sum of--\n ``(1) the amount determined under subsection (b) computed \n at the rate and in the same manner as if this paragraph had not \n been enacted on modified taxable income reduced by the lesser \n of--\n ``(A) the net capital gain, or\n ``(B) the adjusted net capital gain, plus\n ``(2) 5 percent (0 percent in the case of taxable years \n beginning after 2007) of so much of the adjusted net capital \n gain (or, if less, modified taxable income) as does not exceed \n an amount equal to the excess described in section 1(h)(1)(B), \n plus\n ``(3) 15 percent of the adjusted net capital gain (or, if \n less, modified taxable income) in excess of the amount on which \n tax is determined under paragraph (2).\nTerms used in this paragraph which are also used in section 1(h) shall \nhave the respective meanings given such terms by section 1(h) but \ncomputed with the adjustments under this section.\n ``(d) Alternative Taxable Income.--For purposes of this section--\n ``(1) In general.--The term `alternative taxable income' \n means--\n ``(A) gross income, minus\n ``(B) the sum of--\n ``(i) the personal exemption,\n ``(ii) the dependent allowance, plus\n ``(iii) the alternative standard deduction.\n ``(2) Personal exemption.--The personal exemption is--\n ``(A) 200 percent of the dollar amount in effect \n under subparagraph (B) in the case of--\n ``(i) a joint return, or\n ``(ii) a surviving spouse (as defined in \n section 2(a)), and\n ``(B) $3,500 in the case of an individual--\n ``(i) who is not married and is not a \n surviving spouse, or\n ``(ii) who is a married individual filing a \n separate return.\n ``(3) Dependent allowance.--The dependent allowance is \n $3,500 for each dependent (as defined in section 152).\n ``(4) Alternative standard deduction.--The alternative \n standard deduction means--\n ``(A) $25,000 in the case of--\n ``(i) a joint return, or\n ``(ii) a surviving spouse (as defined in \n section 2(a)), and\n ``(B) $12,500 in the case of an individual--\n ``(i) who is not married and is not a \n surviving spouse, or\n ``(ii) who is a married individual filing a \n separate return.\n ``(e) Inflation Adjustments.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 2007, each of the dollar \n amounts for the rate brackets in subsection (b) and each of the \n dollar amounts in subsection (d)(2)(B), (d)(3), and (d)(4) \n shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, by substituting `calendar year \n 2006' for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(2) Rounding.--If any amount as adjusted under clause (i) \n is not a multiple of $100, such amount shall be rounded to the \n nearest multiple of $100.''.\n (b) Conforming Amendment.--The table of sections for part I of \nsubchapter A of chapter 1 of such Code is amended by striking the item \nrelating to section 5 and inserting after the item relating to section \n4 the following:\n\n``Sec. 5. Simplified Individual Income Tax System.\n``Sec. 6. Cross references relating to tax on individuals.''.\n (c) Capital Gains and Dividends Rate Made Permanent.--The Jobs and \nGrowth Tax Relief Reconciliation Act of 2003 is amended by striking \nsection 303.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2006.","summary":"Taxpayer Choice Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax on individual taxpayers after 2006. And (2) allow taxpayers to elect an alternative income tax system. Makes permanent the capital gains and dividends rate reductions enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2001.","title":"To amend the Internal Revenue Code of 1986 to repeal the alternative minimum tax on individuals and replace it with an alternative tax individuals may choose.","text_len":11089,"sum_len":342} {"bill_id":"112_s3436","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Infant and Toddler Care Improvement \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The brain undergoes its most dramatic development \n during a child's first 3 years of life, with 700 new \n neurological connections being formed every second based on \n early experience. During this time, the brain's foundational \n capacities for thinking, language, emotion, and self-regulation \n are formed.\n (2) Economic deprivation can also affect the development of \n the brain and impair all aspects of development. Children in \n families below the poverty line are at risk for prolonged \n ``toxic'' stress, which can change the shape of the brain's \n structure. Twenty-five percent of children younger than 3 years \n of age live in families with incomes below the poverty level.\n (3) Child care is second only to the family setting as the \n place in which early development takes place for many infants \n and toddlers. Sixty-one percent of mothers with children \n younger than 3 years of age are in the labor force and over \n 6,000,000 children younger than 3 years of age are cared for by \n someone other than their parents for some part or all of the \n day. Therefore, the relationship between the child and the \n child care provider often plays a significant role in child \n development.\n (4) Research shows that high-quality child care can \n mitigate some of the effects of adverse experiences caused by \n poverty and that low-income children can benefit particularly \n well from high-quality child care. Yet, at-risk children \n younger than 3 years of age often receive low-quality child \n care that can lead to poor developmental outcomes.\n (5) High-quality child care has been shown to promote \n positive cognitive, language, and social and emotional \n development, and contribute to academic success. High-quality \n child care can also help improve a child's communication \n skills, cognitive skills, behavioral skills, math and language \n assessment scores, and verbal intelligence.\n (6) Providing training and technical assistance to family \n child care providers who are infant and toddler care providers, \n through family child care networks, has been shown to improve \n the quality of caregivers.\n (7) Twenty-seven States use infant and toddler specialist \n networks as the structure for providing training and technical \n assistance, using research-based training and techniques such \n as mentoring and on-site coaching, to all types of providers of \n child care for infants or toddlers.\n (8) Preparation for early childhood educators often does \n not include training specific to infants and toddlers. Only 21 \n States have infant and toddler credential requirements that \n define the particular knowledge and skills needed to work with \n children younger than 3 years of age.\n (9) Infants and toddlers have unique needs that differ from \n those of older children in areas such as health and safety, \n interaction with teachers and caregivers, and learning, yet not \n all States recognize those differences in licensing regulations \n or in their Quality Rating and Improvement Systems. Just 20 \n States have infant and toddler quality indicators in their \n Quality Rating and Improvement Systems and only 3 States have \n separate categories of child care regulations related to \n infants and toddlers.\n (b) Purpose.--The purpose of this Act is to improve the overall \nquality of child care programs serving infants or toddlers.\n\nSEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM.\n\n The Child Care and Development Block Grant Act of 1990 is amended \nby inserting after section 658G (42 U.S.C. 9858e) the following:\n\n``SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Eligible infant or toddler care provider.--The term \n `eligible infant or toddler care provider' means an eligible \n child care provider, consistent with section 658P, who provides \n care to an infant or toddler.\n ``(2) Infant or toddler.--The term `infant or toddler' \n means an individual under 3 years of age.\n ``(3) Infant or toddler with a developmental delay or \n disability.--\n ``(A) In general.--The term `infant or toddler with \n a developmental delay or disability' has the meaning \n given the term `infant or toddler with a disability' in \n section 632 of the Individuals with Disabilities \n Education Act (20 U.S.C. 1432).\n ``(B) Plural form.--The term `infants and toddlers \n with developmental delays or disabilities' means more \n than 1 infant or toddler with a developmental delay or \n disability.\n ``(4) Limited english proficient.--The term `limited \n English proficient' has the meaning given the term in section \n 637 of the Head Start Act (42 U.S.C. 9832).\n ``(5) Low-income community.--The term `low-income \n community' shall be defined by the Secretary.\n ``(6) Low-income family.--The term `low-income family' \n means a family with a family income described in section \n 658P(4)(B).\n ``(b) Grants.--\n ``(1) In general.--The Secretary shall make grants to \n eligible States, from allotments described in paragraph (2), to \n enable the States to improve the quality of care for infants \n and toddlers.\n ``(2) Allotments.--\n ``(A) Amounts reserved.--\n ``(i) Territories and possessions.--The \n Secretary shall reserve an amount not to exceed \n 0.5 percent of the amount appropriated under \n this section for each fiscal year for payments \n to Guam, American Samoa, the United States \n Virgin Islands, and the Commonwealth of the \n Northern Mariana Islands, to be allotted in \n accordance with their respective needs.\n ``(ii) Indian tribes.--The Secretary shall \n reserve not less than 1 percent, and not more \n than 2 percent, of the amount appropriated \n under this section for each fiscal year for \n payments to Indian tribes and tribal \n organizations with applications approved under \n section 658O(c).\n ``(B) Allotments to states.--After making \n reservations under subparagraph (A), the Secretary \n shall use the remainder of the amount appropriated \n under this section for a fiscal year to allot to each \n State an amount that bears the same relationship to \n that remainder as the amount allotted to the State \n under section 658O for that fiscal year bears to the \n amount allotted to all States under section 658O for \n that fiscal year.\n ``(C) State.--In this paragraph, the term `State' \n does not include Guam, American Samoa, the United \n States Virgin Islands, or the Commonwealth of the \n Northern Mariana Islands.\n ``(c) Amendment to State Plans.--A State that receives a grant \nunder this section shall include in the State's plan under section \n658E, a description of how the State will use funds provided under this \nsection to improve the quality of infant and toddler care.\n ``(d) Use of Funds.--\n ``(1) In general.--A State that receives a grant under this \n section shall use the funds made available through the grant to \n carry out 1 or more of the activities described in paragraphs \n (2) through (7).\n ``(2) Increasing high-quality infant and toddler care.--\n ``(A) In general.--A State may use the funds \n described in paragraph (1) to make grants to eligible \n entities to be resources for eligible infant and \n toddler care providers, to improve the quality of early \n care and development services provided to infants and \n toddlers in the community from low-income families and \n to help such providers serving low-income families \n improve their capacity to offer high-quality care to \n such families.\n ``(B) Eligible entity.--To be eligible to receive a \n grant under this paragraph, an entity shall be an \n eligible child care provider that--\n ``(i) serves infants and toddlers from low-\n income families; and\n ``(ii)(I) is ranked at the top level of the \n State's Quality Rating and Improvement System \n or similar rating system or accredited by a \n national accrediting body recognized, before \n the date of enactment of the Infant and Toddler \n Care Improvement Act, for high-quality program \n standards that are valid and reliable; or\n ``(II) is an Early Head Start agency under \n section 645A of the Head Start Act (42 U.S.C. \n 9840a) that is in full compliance with the \n performance standards applicable to such an \n agency under the Head Start Act (42 U.S.C. 9831 \n et seq.).\n ``(C) Priority.--In making grants under this \n paragraph, a State--\n ``(i) shall give priority to entities that \n will serve significant populations of low-\n income families; and\n ``(ii) may give priority to entities that--\n ``(I) are located in low-income \n communities;\n ``(II) will serve communities with \n significant populations of families \n with limited English proficiency; or\n ``(III) will increase the ability \n of caregivers to provide appropriate \n services and coordinate activities with \n State and local systems providing \n services under part C of the \n Individuals with Disabilities Education \n Act (20 U.S.C. 1431 et seq.) for \n children with developmental delays or \n disabilities, including such children \n in the child welfare system of the \n State.\n ``(3) Staffed family child care networks or systems.--\n ``(A) In general.--A State may use the funds \n described in paragraph (1) to make grants to \n organizations with expertise in providing child care \n and related technical assistance, to establish and \n operate staffed family child care networks or systems \n that offer, to family child care providers who are \n eligible infant and toddler care providers, technical \n assistance, training, administrative support, or direct \n services including monitoring visits to providers.\n ``(B) Priority.--In making grants under this \n paragraph, a State--\n ``(i) shall give priority to organizations \n described in paragraph (2)(C)(i); and\n ``(ii) may give priority to organizations \n that have 1 or more of the 3 characteristics \n described in paragraph (2)(C)(ii).\n ``(4) Statewide network of infant and toddler \n specialists.--\n ``(A) In general.--A State may use the funds \n described in paragraph (1) to support, or to make a \n grant to an organization with expertise in providing \n child care technical assistance to support, a statewide \n network of specialists who are eligible infant and \n toddler care providers, that shall--\n ``(i) provide individual or group training \n and intensive consultation services to eligible \n infant and toddler care providers, including \n relative caregivers, on strategies to improve \n the quality of care for infants and toddlers; \n and\n ``(ii) assist eligible infant and toddler \n care providers in coordinating activities with \n other offices responsible for child care, \n including Early Head Start programs and Head \n Start programs carried out under the Head Start \n Act (42 U.S.C. 9831 et seq.).\n ``(B) Priority.--In delivering services or making \n grants under this paragraph, a State--\n ``(i) shall give priority to networks that \n deliver support to providers described in \n paragraph (2)(C)(i); and\n ``(ii) may give priority to networks that \n deliver support to providers that have 1 or \n more of the 3 characteristics described in \n paragraph (2)(C)(ii).\n ``(5) State workforce quality initiatives.--\n ``(A) In general.--A State may use the funds \n described in paragraph (1) to support initiatives to \n improve the quality of the workforce of eligible infant \n and toddler care providers, such as--\n ``(i) providing relevant training, \n professional development, or mentoring to \n eligible infant and toddler care providers, \n including linking the training, development, or \n mentoring to career pathways for eligible \n infant and toddler care providers;\n ``(ii) providing scholarships or other \n financial support to eligible infant and \n toddler care providers to advance their \n education and training;\n ``(iii) coordinating activities with the \n State's higher education system to expand the \n availability and quality of coursework for \n infant and toddler care providers, including \n developing career pathways for eligible infant \n and toddler care providers; or\n ``(iv) improving the State credentialing of \n eligible infant and toddler care providers.\n ``(6) Systems quality.--A State may use the funds described \n in paragraph (1) to--\n ``(A) develop infant and toddler components for the \n State's Quality Rating and Improvement System or \n similar rating system, child care licensing \n regulations, or voluntary early learning guidelines;\n ``(B) improve the ability of parents to obtain \n information about high-quality infant and toddler care; \n or\n ``(C) assist eligible infant and toddler care \n providers seeking to improve the quality of their \n infant and toddler care by increasing their ranking on \n the State's Quality Rating and Improvement System or \n similar rating system, meeting performance standards \n applicable to an Early Head Start agency under the Head \n Start Act (42 U.S.C. 9831 et seq.), or becoming \n accredited by a national accrediting body described in \n paragraph (2)(B)(ii).\n ``(7) Other high-quality initiatives.--A State may use the \n funds described in paragraph (1) to carry out other activities \n determined by the State to improve the quality of infant and \n toddler care provided in the State and for which there is \n evidence that the activities will lead to improved infant and \n toddler safety, infant and toddler development, or infant and \n toddler well-being.\n ``(e) Reporting.--A State that receives a grant under subsection \n(b) shall submit in the State's annual reports required under section \n658K(a)(2), information on how the State is using the funding provided \nunder subsection (b) to improve the quality of infant and toddler care \nand the effect such funding is having on the quality of infant and \ntoddler care in the State.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2013 and each subsequent fiscal year.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n (a) Authorization.--Section 658B of the Child Care and Development \nBlock Grant Act of 1990 (42 U.S.C. 9858) is amended by inserting \n``(other than section 658H)'' after ``subchapter''.\n (b) Allotment.--Section 658O(a)(1) of such Act (42 U.S.C. \n9858m(a)(1)) is amended by striking ``this subchapter'' and inserting \n``section 658B''.","summary":"Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states to improve the quality of care for infants and toddlers, especially those from low-income families. Authorizes the use of grant funds to: (1) make grants to organizations with pertinent expertise to establish and operate staffed family child care networks or systems that offer family child care providers technical assistance, training, administrative support, or direct services. (2) support a statewide network of infant and toddler care specialists. And (3) support initiatives to improve the quality of the provider workforce. Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines. (2) improve the ability of parents to obtain information about high-quality infant and toddler care. Or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the State's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body.","title":"A bill to amend the Child Care and Development Block Grant Act of 1990 to improve the quality of infant and toddler care.","text_len":18726,"sum_len":1364} {"bill_id":"113_s2911","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Super Pollutants Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Short-lived climate pollutants account for 40 percent \n of global warming currently impacting the atmosphere, even \n though such pollutants account for a much smaller percentage of \n warming agents by weight.\n (2) Reducing short-lived climate pollutant emissions \n could--\n (A) prevent more than 2,000,000 premature deaths \n each year, according to the United Nations Environment \n Programme (UNEP);\n (B) prevent more than 30,000,000 tons of crop \n losses each year, according to UNEP;\n (C) cut the rate of sea level rise by 25 percent, \n according to the National Center for Atmospheric \n Research and the Scripps Institution of Oceanography;\n (D) cut the rate of warming by up to 0.6 degrees \n Celsius by 2050, according to UNEP; and\n (E) significantly contribute toward the overall \n global target of holding increased warming below 2 \n degrees Celsius.\n (3) The United States is one of the world's largest \n consumer of hydrofluorocarbons and is providing significant \n innovation in the development of low global warming potential \n (low-GWP) alternatives.\n (4) The United States could serve as a leader and exemplar \n of responsibly phasing down hydrofluorocarbon production and \n consumption.\n (5) The Montreal Protocol on Substances that Deplete the \n Ozone Layer has been an extraordinarily successful model for \n protecting the stratospheric ozone layer and achieving \n significant climate protection co-benefits. Since the treaty \n was signed in 1987, there has been a 98 percent reduction in \n ozone-depleting substances.\n (6) The interagency Strategy to Reduce Methane Emissions, \n released in March 2014, outlines a proactive agenda for \n reducing methane leakage and waste throughout the United States \n economy.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) High-GWP hfc.--The term ``high-GWP HFC'' means high \n global warming potential hydrofluorocarbons.\n (2) Short-lived climate pollutant.--The term ``short-lived \n climate pollutant'' means--\n (A) black carbon;\n (B) methane; and\n (C) high-GWP HFC.\n\nSEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT \n MITIGATION.\n\n (a) Establishment.--Not later than 90 days after the date of the \nenactment of this Act, the President shall establish the Interagency \nTask Force on Short-Lived Climate Pollutant Mitigation (referred to in \nthis section as the ``Task Force'').\n (b) Members.--The Task Force shall include the head of all relevant \nFederal agencies (or their designated representatives), including the \nDepartment of Agriculture, the Department of Commerce, the Department \nof Defense, the Department of Energy, the Department of the Interior, \nthe Department of State, the United States Agency for International \nDevelopment, the Department of Transportation, the Environmental \nProtection Agency, and the National Oceanic and Atmospheric \nAdministration.\n (c) Duties.--The Task Force shall--\n (1) review the policy recommendations made by the \n Interagency Climate Change Adaptation Task Force, the \n Interagency Strategy to Reduce Methane Emissions, the March \n 2012 report to Congress on Black Carbon, and the Council on \n Climate Preparedness and Resilience;\n (2) incorporate any appropriate proposals or \n recommendations made by the entities or reports referred to in \n paragraph (1) that are relevant to short-lived climate \n pollutants into the Task Force's action plan;\n (3) identify relevant Federal programs that are or could be \n addressing the reduction of short-lived climate pollutants in \n the United States and worldwide;\n (4) identify overlapping and duplicative programs \n addressing short-lived climate pollutants that would benefit \n from consolidation and streamlining;\n (5) identify gaps and serious deficiencies in United States \n programs targeted at short-lived climate pollutants, including \n those that can be achieved through a combination of assessment, \n scientific research, monitoring, and technological development \n activities;\n (6) not later than 18 months after the date of the \n enactment of this Act, submit a report to Congress on the \n findings and recommendations resulting from the activities \n described in paragraphs (1) through (5); and\n (7) in developing recommendations, consult with affected \n stakeholders in private industry.\n (d) Emission Reduction Plans.--Not later than 180 days after the \ndate of the enactment of this Act, each Federal agency shall submit a \nreport to the appropriate congressional committees that includes--\n (1) the agency's plans for meeting the goals set forth in \n section 2 of Executive Order 13514 (October 5, 2009) to reduce \n hydrofluorocarbons, methane, and related indirect emissions, \n including tropospheric ozone, by the Federal Government; and\n (2) specific plans to purchase cleaner alternatives to \n high-GWP HFC whenever feasible and to transition over time to \n equipment that uses safer and more sustainable alternatives to \n high-GWP HFC.\n\nSEC. 5. REDUCTION OF BLACK CARBON EMISSIONS.\n\n (a) Comprehensive Plan.--\n (1) In general.--Through the United States membership in \n the International Maritime Organization, the Secretary of \n State, in consultation with the Secretary of Transportation, \n the Secretary of Commerce, the Administrator of the \n Environmental Protection Agency, and the Commandant of the \n Coast Guard, shall develop a comprehensive plan to reduce black \n carbon emissions from international shipping through--\n (A) a clean freight partnership;\n (B) the inclusion of limits on black carbon; and\n (C) efforts that include protection of access to \n critical fuel shipments and emergency needs of coastal \n communities.\n (2) Roadmap.--A principal objective of the plan developed \n pursuant to paragraph (1) should be the creation, in \n coordination with the Department of Transportation, of a \n roadmap toward helping countries reduce fine-particle emissions \n (PM2.5) in the shipping sector through--\n (A) the installation of advanced emissions \n controls; and\n (B) the reduction of sulfur content in fuels.\n (b) Black Carbon Emissions Reduction Goals.--In advance of and upon \nassuming the Chair of the Arctic Council, the Secretary of State \nshould--\n (1) lead an effort to reduce black carbon through an \n Arctic-wide aspirational black carbon goal; and\n (2) encourage observers of the Arctic Council (including \n India and China) to adopt national black carbon emissions \n reduction goals.\n (c) Climate and Clean Air Coalition.--Through the United States \nmembership in the Climate and Clean Air Coalition to Reduce Short Lived \nClimate Pollutants (referred to in this section as the ``Coalition''), \nthe Secretary of State is encouraged--\n (1) to work with the Coalition to craft specific financing \n mechanisms for the incremental cost of international black \n carbon mitigation activities; and\n (2) to request that the Coalition produce a report of black \n carbon mitigation financing options.\n (d) Black Carbon Mitigation Activities.--\n (1) Prioritization.--The Administrator of the United States \n Agency for International Development shall prioritize black \n carbon mitigation activities as part of aid distribution \n activities and give special emphasis to projects that produce \n substantial environmental and public health benefits, including \n support for clean-burning cookstoves and fuels.\n (2) Emissions reductions.--The Secretary of State, in \n collaboration with the Environmental Protection Agency and the \n Department of Transportation, should further aid international \n efforts to reduce black carbon emissions from diesel trucks, 2-\n stroke engines, diesel generators, and industrial processes by \n providing technical assistance--\n (A) to help developing nations lower the sulfur \n content of their diesel fuels;\n (B) to expand access to diesel particulate filters;\n (C) to provide vehicle manufacturers with low-\n emission engine designs;\n (D) to work with the Global Alliance for Clean \n Cookstoves to help developing nations establish \n thriving markets for clean and efficient cooking \n solutions; and\n (E) to develop other mitigation activities, \n including energy efficiency alternatives for generators \n and industrial processes.\n\nSEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES.\n\n (a) Sense of Congress.--\n (1) Actions by environmental protection agency.--It is the \n sense of Congress that the Administrator of the Environmental \n Protection Agency should--\n (A) amend any regulations issued under section 608 \n of the Clean Air Act (42 U.S.C. 7671g)--\n (i) to include hydrofluorocarbons; and\n (ii) to expand initiatives relating to the \n recovery and reclamation of hydrofluorocarbons.\n (B) cooperate with the Secretary of Energy in \n considering modifications to the Energy Star program \n established under section 324A of the Energy Policy and \n Conservation Act (42 U.S.C. 6294a) to recognize \n refrigerant systems that--\n (i) achieve best-in-class energy efficiency \n savings; and\n (ii) utilize low global warming potential \n refrigerants and foam-blowing agents; and\n (C) remove high global warming potential \n hydrofluorocarbons from the Significant New \n Alternatives Policy Program authorized under section \n 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for \n applications in which the Administrator has identified \n other alternatives that--\n (i) are currently or potentially available; \n and\n (ii) reduce the overall risk to human \n health and the environment.\n (2) Sense of the senate.--It is the sense of the Senate \n that an amendment to the Montreal Protocol on Substances that \n Deplete the Ozone Layer should ensure a smooth, technically \n feasible transition away from high-GWP HFC.\n (b) Study on High-GWP HFC Alternatives.--Not later than 2 years \nafter the date of the enactment of this Act, the Secretary of Energy \nand the Administrator of the Environmental Protection Agency, in \ncollaboration with the National Institute of Standards and Technology, \nshall evaluate the availability of high-GWP HFC alternatives and submit \na report to Congress that--\n (1) identifies--\n (A) the standards or regulatory barriers that are \n preventing the use of alternatives to high-GWP HFC in \n the United States that are in widespread use in other \n countries;\n (B) which standards or regulations need to be \n revised; and\n (C) what actions will be necessary to revise such \n standards or regulations; and\n (2) sets forth a plan for revising the standards referred \n to in paragraph (1) in the shortest possible time frame.\n (c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.--\n (1) Amendment.--Section 605 of the Clean Air Act (42 U.S.C. \n 7671d) is amended by adding at the end the following:\n ``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1 \nyear after the date of the enactment of the Super Pollutants Act of \n2014, it shall be unlawful for any person to manufacture any uncharged \nhydrochlorofluorocarbon-22 air conditioning condensing equipment for \nresidential use.''.\n (2) Rulemaking.--Not later than 180 days after the date of \n the enactment of this Act, the Administrator of the \n Environmental Protection Agency shall promulgate regulations--\n (A) to carry out the amendment made by paragraph \n (1); and\n (B) to reduce the allocation of HCFC-22 consumption \n allowances commensurate with anticipated decreased \n demand resulting from the prohibition of uncharged \n condensing equipment under sections 605(e) of the Clean \n Air Act, as added by paragraph (1).\n (d) R-134a Automotive Air Conditioning Servicing and Recharge \nKits.--\n (1) Study.--The Administrator of the Environmental \n Protection Agency shall conduct a study to determine whether \n the sale of R-134a automotive air conditioning recharge kits to \n consumers represents an environmentally significant source of \n high-GWP HFC emissions.\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Administrator shall submit a report \n to Congress that contains the results of the study conducted \n pursuant to paragraph (1).\n\nSEC. 7. REDUCTION OF METHANE LEAKAGE.\n\n (a) Technical Guidance.--The Secretary of State, the Secretary of \nEnergy, the Administrator of the Environmental Protection Agency, and \nthe Secretary of Commerce shall--\n (1) provide other countries with technical guidance on \n containment of emissions from gas drilling, landfills, coal \n mining, and agriculture when engaging with other governments, \n including trade delegations, under the auspices of Department \n of State's Global Shale Gas Initiative; and\n (2) collaborate with--\n (A) the World Bank's Global Gas Flaring Reduction \n Partnership; and\n (B) the Environmental Protection Agency's Global \n Methane Initiative, Natural Gas STAR Program, and other \n voluntary reduction programs.\n (b) Gas Pipeline Infrastructure.--\n (1) Study.--\n (A) In general.--The Federal Energy Regulatory \n Commission, consistent with existing authority, shall \n conduct a study of methods utilized at facilities \n subject to the Commission's jurisdiction to reduce \n leaks and venting across natural gas facilities.\n (B) Issues to be examined.--In conducting the study \n required under this paragraph, the Commission shall \n examine--\n (i) how the Commission's treatment of just \n and reasonable rates for interstate \n transmission could be reformed to incent \n pipeline operators to recover fugitive methane \n emissions;\n (ii) how the Commission could coordinate \n with other agencies, including the Department \n of Energy, the Environmental Protection Agency, \n and the Pipeline and Hazardous Materials Safety \n Administration, to ensure the development of \n rigorous and technically sound standards; and\n (iii) whether new pipeline systems are \n being engineered to meet the highest achievable \n standards for leak avoidance prior to being \n granted a construction certificate.\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Commission shall submit a report to \n Congress that contains the results of the examination conducted \n pursuant to paragraph (1).\n (3) Inspection and maintenance program.--The Administrator \n of the Environmental Protection Agency shall establish a \n directed inspection and maintenance program that focuses on--\n (A) identifying the types of equipment throughout \n the production value chain that are most likely to have \n high leak rates; and\n (B) efforts on replacing or monitoring those types \n of equipment.\n (c) Financing Conditions.--The U.S. Export-Import Bank and the \nOverseas Private Investment Corporation, when evaluating gas and oil-\nrelated projects for financial support, should condition financing for \nsuch projects upon--\n (1) the deployment of the best technology, methods, and \n management practices for detecting and repairing leaks of \n methane throughout the oil and gas production, processing, \n transportation, and distribution system;\n (2) the minimization of venting and inefficient or \n unnecessary flaring; and\n (3) the deployment of best technology, methods, and \n management practices for reducing emissions of other air \n pollution, especially volatile organic compounds and hazardous \n air pollutants.","summary":"Super Pollutants Act of 2014 - Establishes requirements for agencies to evaluate, mitigate, reduce, and report on the following short-lived climate pollutant emissions : black carbon , methane, and high global warming potential hydrofluorocarbons . Requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation to address these pollutants through an action plan. Directs the Department of State to develop a comprehensive plan to reduce black carbon emissions from international shipping. Requires the US Agency for International Development (USAID) to prioritize black carbon mitigation activities as part of aid distribution activities. Requires the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to evaluate the availability of high-GWP HFC alternatives. Amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. Requires the EPA to determine whether the sale of R-134a automotive air-conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. Requires the State Department, the DOE, the EPA, and the Department of Commerce to provide other countries with technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. Directs the EPA to establish an inspection and maintenance program for equipment that has high leak rates of methane gas.","title":"Super Pollutants Act of 2014","text_len":18528,"sum_len":1509} {"bill_id":"115_hr5137","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Buy America 2.0 Act''.\n\nSEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.\n\n (a) In General.--Funds made available to carry out a transportation \nor infrastructure project using Federal funds may not be obligated for \na project unless the steel, iron, and manufactured goods used for the \nproject are produced in the United States.\n (b) Exceptions.--Subsection (a) shall not apply in any case or \ncategory of cases in which the head of the Federal department or agency \noverseeing a project finds that--\n (1) applying subsection (a) would be inconsistent with the \n public interest;\n (2) iron, steel, and the relevant manufactured goods are \n not produced in the United States in sufficient and reasonably \n available quantities and of a satisfactory quality; or\n (3) inclusion of iron, steel, and manufactured goods \n produced in the United States will increase the cost of the \n overall project by more than 25 percent.\n (c) Waiver.--If the head of a Federal department or agency receives \na request for a waiver under this section, the head of such department \nor agency shall make available to the public a copy of the request and \ninformation available to the head of such department or agency \nconcerning the request, and shall allow for public input on the request \nfor at least 15 days prior to making a finding based on the request. \nThe head of such department or agency shall make the request and \naccompanying information available by electronic means, including on \nthe official public Internet site of such department or agency.\n (d) Application.--This section shall be applied in a manner \nconsistent with United States obligations under international \nagreements.\n (e) Applicability.--Nothing in this section shall supercede or \npreempt any existing Buy America provision to the extent such provision \nconflicts with this section.\n\nSEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.\n\n Section 5323(j)(2)(C)(i) of title 49, United States Code, is \namended--\n (1) by striking ``and'' at the end of subclause II;\n (2) in subclause (III)--\n (A) by striking ``and each fiscal year \n thereafter''; and\n (B) by striking ``and'' at the end of the \n subclause; and\n (3) inserting after subclause (III) the following:\n ``(IV) for fiscal year 2021 is more \n than 75 percent of the cost of all \n components of the rolling stock;\n ``(V) for fiscal year 2022 is more \n than 80 percent of the cost of all \n components of the rolling stock;\n ``(VI) for fiscal year 2023 is more \n than 85 percent of the cost of all \n components of the rolling stock;\n ``(VII) for fiscal year 2024 is \n more than 90 percent of the cost of all \n components of the rolling stock;\n ``(VIII) for fiscal year 2025 is \n more than 95 percent of the cost of all \n components of the rolling stock; and\n ``(IX) for fiscal year 2026 and \n each fiscal year thereafter is 100 \n percent of the cost of all components \n of the rolling stock; and''.\n\nSEC. 4. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA PROVISIONS.\n\n Section 502(h)(3) of the Railroad Revitalization and Regulatory \nReform Act of 1976 (45 U.S.C. 822(h)(3)) is amended--\n (1) by striking ``and'' at the end of subparagraph (A);\n (2) by striking the period at the end of subparagraph (B) \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(C) the requirements of section 24405(a) of title 49, \n United States Code.''.\n\nSEC. 5. AVIATION BUY AMERICA PROVISIONS.\n\n Section 50101 of title 49, United States Code, is amended--\n (1) in subsection (a) by inserting ``, iron,'' after \n ``steel''; and\n (2) in subsection (b)--\n (A) in paragraph (2), by inserting ``, iron,'' \n after ``steel''; and\n (B) in paragraph (3), by striking subparagraph (A) \n and inserting the following:\n ``(A) the cost of components and subcomponents \n produced in the United States--\n ``(i) for fiscal year 2018 is more than 60 \n percent of the cost of all components of the \n facility or equipment;\n ``(ii) for fiscal year 2019 is more than 65 \n percent of the cost of all components of the \n facility or equipment;\n ``(iii) for fiscal year 2020 is more than \n 70 percent of the cost of all components of the \n facility or equipment;\n ``(iv) for fiscal year 2021 is more than 75 \n percent of the cost of all components of the \n facility or equipment;\n ``(v) for fiscal year 2022 is more than 80 \n percent of the cost of all components of the \n facility or equipment;\n ``(vi) for fiscal year 2023 is more than 85 \n percent of the cost of all components of the \n facility or equipment;\n ``(vii) for fiscal year 2024 is more than \n 90 percent of the cost of all components of the \n facility or equipment;\n ``(viii) for fiscal year 2025 is more than \n 95 percent of the cost of all components of the \n facility or equipment; and\n ``(ix) for fiscal year 2026, and each \n fiscal year thereafter, is 100 percent of the \n cost of all components of the facility or \n equipment; and''.\n\nSEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION.\n\n Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. \n300j-12(a)) is amended by striking ``During fiscal year 2017, funds'' \nand inserting ``Funds''.","summary":"Buy America 2.0 Act This bill prohibits federal funding of a transportation or infrastructure project unless the steel, iron, and manufactured goods used for the project are produced in the United States, except where: (1) inconsistent with the public interest. (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. Or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25. The bill revises and expands Buy America provisions pertaining to public transportation, rail loan and loan guarantees, and aviation. The bill amends the Safe Drinking Water Act to apply in all fiscal years the prohibition on the use of funds for a public water system project that does not use iron and steel products produced in the United States.","title":"Buy America 2.0 Act","text_len":6863,"sum_len":932} {"bill_id":"115_hr1266","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Vision Zero Act of 2017''.\n\nSEC. 2. VISION ZERO PLANNING GRANTS.\n\n (a) In General.--The Secretary of Transportation is authorized to \naward grants to eligible entities to develop a plan, known as a Vision \nZero plan, to eliminate transportation-related fatalities and serious \ninjuries in the jurisdiction of such entity within a specified \ntimeframe, not to exceed 20 years.\n (b) Application.--To be eligible for a grant under this section, an \neligible entity shall submit to the Secretary an application at such \ntime, in such form, and containing such information and assurances as \nthe Secretary may require.\n (c) Plan Contents.--The Vision Zero plan described in subsection \n(a) shall include--\n (1) a description of projects or policies intended to \n eliminate transportation-related fatalities and serious \n injuries within a specified timeframe, not to exceed 20 years, \n using existing transportation and health data and consideration \n of risk factors, which may include--\n (A) an examination of how development and \n implementation of safety-focused automotive \n technologies, vehicle-to-vehicle communication, and \n vehicle-to-infrastructure communication can help \n eliminate transportation-related fatalities and serious \n injuries; and\n (B) roadway design guidance that prioritizes the \n safety of all users, with a focus on reducing speeds to \n the extent practicable within State law and separating \n modes of transportation;\n (2) plans for implementation of, education of the public \n about, and enforcement of such projects or policies;\n (3) a description of how such policies, projects, and \n enforcement will--\n (A) equitably address the safety needs of low-\n income and minority communities;\n (B) ensure that such communities are not \n disproportionately targeted by law enforcement; and\n (C) protect the rights of members of such \n communities with respect to title VI of the Civil \n Rights Act of 1964 (42 U.S.C. 2000d et seq.);\n (4) a description of the required involvement of various \n subdivisions of a unit of local government in the \n implementation of the plan, including subdivisions in charge of \n law enforcement, public health, and public works; and\n (5) a description of a mechanism to evaluate progress of \n the implementation of the plan, including the gathering and use \n of transportation safety and demographic data.\n\nSEC. 3. VISION ZERO IMPLEMENTATION GRANT PROGRAM.\n\n (a) In General.--Not later than 2 years after the date of enactment \nof this Act, the Secretary of Transportation may award grants to not \nmore than 5 eligible entities to support the implementation of a Vision \nZero plan to eliminate transportation-related fatalities and serious \ninjuries in the jurisdiction of such entity within a specified \ntimeframe, not to exceed 20 years.\n (b) Application.--To be eligible for a grant under this section, an \neligible entity shall submit to the Secretary an application at such \ntime, in such form, and containing such information and assurances as \nthe Secretary may require.\n (c) Vision Zero Plan Required.--To be eligible for a grant under \nthis section, an eligible entity shall have in effect a Vision Zero \nplan that meets the requirements of section 2(c) and has been approved \nby local resolution, ordinance, or law.\n (d) Selection Criteria.--In selecting from among eligible entities \nto receive grants under subsection (a), the Secretary shall consider, \nat a minimum, the extent to which an entity--\n (1) provided an opportunity for public input in the \n development of the plan, including documented engagement with \n low-income and minority communities;\n (2) considered existing plans and planning processes in the \n drafting of the vision zero plan;\n (3) structured the plan to meet performance measures as \n described in section 150(c) of title 23, United States Code;\n (4) demonstrates broad community support for the plan, \n including the commitment of community leaders to successful \n implementation of the plan; and\n (5) demonstrates the availability of State, local, or \n Federal funds, in addition to Federal funds made available \n under this section, for implementation of the plan.\n (e) Funding Limitations.--\n (1) Population limitation.--Not less than 25 percent of the \n funds made available to carry out this section shall be used to \n make grants to eligible entities that serve a jurisdiction with \n a population of fewer than 200,000 individuals.\n (2) Federal share.--\n (A) In general.--Except as provided by subparagraph \n (B), the Federal share of the cost of a project or \n activity carried out using grant funds made available \n under this section may not exceed 80 percent.\n (B) Funds from other federal sources.--Amounts made \n available to an eligible entity under another Federal \n program may be credited toward the non-Federal share of \n the cost of a project or activity described in \n subparagraph (A), at the option of the eligible entity.\n\nSEC. 4. ELIGIBLE ENTITY DEFINED.\n\n In this Act, the term ``eligible entity'' means a unit of local \ngovernment including a city, town, township, borough, county, parish, \ndistrict, village, or other political subdivision of a State.\n\nSEC. 5. REPORT.\n\n Not later than 2 years after the final grant is awarded under this \nAct, the Secretary shall submit to Congress, and make available to the \npublic, a report on the progress of the projects and activities carried \nout using the grants including--\n (1) a breakdown of infrastructure and noninfrastructure \n projects;\n (2) demographic data, in the aggregate, with respect to \n individuals charged with a violation of law referenced in the \n vision zero plan of an eligible entity that received a grant \n under this Act; and\n (3) best practices from the eligible entities that received \n a grant under section 3.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated, for each of fiscal years \n2018 through 2022, $5,000,000 to carry out section 2 and $25,000,000 to \ncarry out section 3.","summary":"Vision Zero Act of 2017 This bill authorizes the Department of Transportation to award grants to a city, town, township, borough, county, parish, district, village, or other political subdivision of a state to develop a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in its jurisdiction within a specified timeframe, not to exceed 20 years. The Department may award grants to up to five entities serving such jurisdictions, with at least 25 of grant funds going to entities that serve a jurisdiction with a population of under 200,000. The federal share of projects costs shall not exceed 80.","title":"Vision Zero Act of 2017","text_len":6867,"sum_len":630} {"bill_id":"105_hr4392","text":"SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING.\n\n (a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey \nIndian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000) \nis amended to read as follows:\n ``(a) Obligation To Arrange for Development of Water for Bands and \nLocal Entities.--\n ``(1) To provide a supplemental water supply for the \n benefit of the Bands and the local entities, subject to the \n provisions of the settlement agreement, the Secretary shall--\n ``(A) arrange for the development of not more than \n 16,000 acre-feet per year of supplemental water from \n public lands within the boundaries of the State of \n California outside the service area of the Central \n Valley Project;\n ``(B) obtain not more than 16,000 acre-feet per \n year either from water conserved by the works \n authorized in title II, or through contract with the \n Metropolitan Water District of Southern California; or\n ``(C) construct that portion of the works \n authorized in title II that is necessary to conserve \n 16,000 acre-feet of water per year, and arrange to \n deliver such water to the Bands and the local entities \n by exchange or through contract with the Metropolitan \n Water District of Southern California and other parties \n with conveyance facilities.\n ``(2) Except as provided in subsection (d)(3), the right to \n the 16,000 acre-feet of water per year provided pursuant to \n paragraph (1) shall be held in perpetuity by the United States \n in trust for the San Luis Rey Indian Water Authority and shall \n be subject to the provisions of this title and of the \n settlement agreement governing the use and disposition of \n supplemental water. The use of such water shall not be subject \n to the provisions of section 204. Nothing in this section or \n any other provision of this title shall authorize the \n construction of any new dams, reservoirs, or surface water \n storage facilities.''.\n (b) Authorization of Appropriations.--Section 106(d) of such Act is \namended to read as follows:\n ``(d) Cost of Developing and Delivering Water.--\n ``(1) Use of federal funds.--There are authorized to be \n appropriated such funds as may be necessary to construct that \n portion of the works authorized in title II that is necessary \n to conserve 16,000 acre-feet of water per year. Neither the \n costs of delivering supplemental water nor the costs of \n operating, maintaining, and replacing the works necessary to \n conserve 16,000 acre-feet of water per year once those works \n have been constructed shall be borne by the United States, and \n no Federal appropriations are authorized for those purposes.\n ``(2) Operation and maintenance determination.--The \n Secretary shall determine the impact of the works constructed \n pursuant to subsection (a)(1)(C) on the cost of operation and \n maintenance and the existing regulating and storage capacity of \n the All American Canal and its Coachella Branch. If the works \n result in any added operation and maintenance costs which \n exceed the benefits derived from increasing the regulating and \n storage capacity of the canals to the Imperial Irrigation \n District or the Coachella Valley Water District, the Indian \n Water Authority and the local entities shall reimburse the \n agency which experiences such additional costs on an annual \n basis pursuant to the Secretary's determination.\n ``(3) Obligation to maintain conservation provided by \n works.--The right to 16,000 acre-feet of water per year \n obtained by the construction of the works described in \n subsection (a)(1)(C), although perpetual in nature, is subject \n to the works described in subsection (a)(1)(C) being \nmaintained so as to continue to conserve 16,000 acre-feet of water per \nyear as compared to the situation that existed prior to the \nconstruction of those works. The Secretary shall determine the amount \nof water so conserved by said works on an ongoing basis, and shall \nallow said water to be delivered to the Indian Water Authority and the \nlocal entities only to the extent that said water has actually been so \nconserved by said works.''.\n (c) Limitation on Funds.--Section 203(e)(1) of such Act is amended \nto read as follows:\n ``(1) Except as provided in section 106(d), no Federal \n funds may be used for construction of the works described in \n subsection (a)(1).''.\n (d) Beneficial Use in California.--Section 204(b) of such Act is \namended to read as follows:\n ``(b) Beneficial Use in California.--\n ``(1) The water identified in subsection (a) (other than \n that provided pursuant to section 106(a)) shall be made \n available, subject to the approval requirement established in \n section 203(c)(3), for consumptive use by California \n Contractors within their service areas according to their \n priorities under the Seven Party Agreement.\n ``(2) If the water made available under paragraph (1) is \n used during the term of the funding agreements by a California \n Contractor other than a Participating Contractor, or a \n Participating Contractor in an amount in excess of its \n proportionate share as measured by the amount of its \n contributed funds in relation to the total contributed funds, \n such contractor shall reimburse the Participating Contractors \n in an amount equal to the sum of--\n ``(A) the annualized amounts of their respective \n contributions which funded the conservation of water so \n used;\n ``(B) any added costs of operation and maintenance \n as determined in section 203(b); and\n ``(C) related mitigation costs under section \n 203(a)(2).\n ``(3) Reimbursements made pursuant to paragraph (3) shall \n be based on the costs each Participating Contractor incurs in \n contributing funds, its total contribution, and the life of the \n works.''.","summary":"Amends the San Luis Rey Indian Water Rights Settlement Act to direct the Secretary of the Interior, as an alternative by which to provide a supplemental water supply for the benefit of certain Mission Indian Bands in San Diego County, California, and the City of Escondido, California, the Escondido Mutual Water Company, and the Vista Irrigation District to construct that portion of the All-American Canal Lining that is necessary to conserve 16,000 acre-feet of water per year and arrange to deliver such water to the Bands and such local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. Requires the right to such water to be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority subject to such Act and the settlement agreement governing the use and disposition of supplemental water. Authorizes appropriations for such construction, but prohibits Federal funding for operating, maintenance, or replacement costs. Directs the Secretary to determine the impact of such works constructed on the cost of operation and maintenance and the existing regulating and storage capacity of the All-American Canal and its Coachella Branch. Requires, if the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. States that the right to 16,000 acre-feet of water per year obtained by such construction is subject to such works being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction. Provides for the Secretary to determine the amount of water so conserved on an ongoing basis and to allow only such water as has actually been conserved to be delivered to the Indian Water Authority and the local entities.","title":"To amend the San Luis Rey Indian Water Rights Settlement Act, and for other purposes.","text_len":6601,"sum_len":2188} {"bill_id":"108_hr5350","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Nutrition in Medical \nEducation Act of 2004''.\n\nSEC. 2. MEDICAL SCHOOL NUTRITION PROGRAMS.\n\n Part E of title VII of the Public Health Service Act (42 U.S.C. \n294n et seq.) is amended by adding at the end the following:\n\n ``Subpart 3--Medical School Nutrition Programs\n\n``SEC. 775. GRANTS FOR MEDICAL SCHOOL NUTRITION PROGRAMS.\n\n ``(a) Authorization.--The Secretary may award grants to accredited \nschools of medicine to integrate innovative curricula on nutrition into \nmedical education.\n ``(b) Focus.--The Secretary shall ensure that innovative curricula \non nutrition developed and implemented under this section focus on \npreventive health measures, including the following:\n ``(1) Education on the causes, treatment, and prevention of \n obesity.\n ``(2) Office education and counseling to ensure appropriate \n diet for mostly healthy people.\n ``(3) Prevention and treatment of common nutritional \n deficiencies.\n ``(4) Appropriate and inappropriate use of herbs and \n supplements.\n ``(5) Office recognition and treatment of common eating \n disorders.\n ``(6) Identification of special dietary needs, eating \n disorders, and appropriate routes of referral for medical \n nutrition therapy.\n ``(c) Use of Funds.--The Secretary may not make a grant under \nsubsection (a) unless the school of medicine involved agrees to expend \nthe grant--\n ``(1) to develop innovative curricula on nutrition in \n accordance with subsection (d);\n ``(2) to integrate such curricula, to the maximum extent \n possible, into each year of a student's medical education at \n the school, including with respect to preclinical and clinical \n training; and\n ``(3) to evaluate the results achieved with such curricula.\n ``(d) Multidisciplinary Planning Committee.--\n ``(1) Establishment.--A school of medicine receiving a \n grant under this section shall establish a multidisciplinary \n planning committee to develop the innovative curricula on \n nutrition to be integrated into the school's medical education.\n ``(2) Membership.--The members of a multidisciplinary \n planning committee under this subsection--\n ``(A) shall include individuals who will be \n responsible for implementing the proposed curricular \n changes within the fields and disciplines of the \n school's medical education program; and\n ``(B) should include representatives of fields and \n disciplines outside of the school's medical education \n program, such as nursing, nutrition, and public health.\n ``(e) Duration.--Each grant under this section shall be for a \nperiod of 2 years.\n ``(f) Maximum Amount.--The Secretary may not make a grant to any \nschool under this section in an amount that exceeds--\n ``(1) $50,000 for any fiscal year; or\n ``(2) a total of $100,000.\n ``(g) Application.--\n ``(1) In general.--To seek a grant under this section, a \n school of medicine shall submit an application at such time, in \n such manner, and containing such information as the Secretary \n may require.\n ``(2) Contents.--At a minimum, an application submitted \n under paragraph (1) shall include the following:\n ``(A) A description of the following:\n ``(i) The expertise in nutrition of the \n school's course directors and faculty members.\n ``(ii) The objectives of the program to be \n carried out with the grant.\n ``(iii) The projected impact of the program \n to be carried out with the grant.\n ``(iv) Any barriers to development or \n implementation of innovative curricula on \n nutrition at the school of medicine.\n ``(v) Strategies for overcoming each such \n barrier.\n ``(vi) The school's ability to sustain \n innovative curricula adopted and implemented \n with the grant beyond the term of the grant.\n ``(B) A budget proposal for expending funds under \n the grant.\n ``(C) Letters of support for the application from \n the dean, and the associate dean for education, of the \n school of medicine.\n ``(h) Report.--Not later than the end of the 2-year period \ndescribed in subsection (e) for a grant, the school of medicine \nreceiving the grant shall submit a report to the Secretary. Such report \nshall include a description of the innovative curricula on nutrition \ndeveloped by the school and the results achieved through the use of \nsuch curricula.\n ``(i) Dissemination.--Not later than 1 year after the end of the 2-\nyear period described in subsection (e) for all grants awarded under \nthis section, the Secretary shall--\n ``(1) prepare a consolidated report on the innovative \n curricula on nutrition developed by grantees under this section \n and the results achieved through the use of such curricula; and\n ``(2) disseminate such report to schools of medicine.\n ``(j) Definition.--In this section, the term `accredited' means \naccredited by the Liaison Committee on Medical Education.\n ``(k) Authorization of Appropriations.--\n ``(1) In general.--To carry out this section, there is \n authorized to be appropriated $4,500,000 for the period of \n fiscal years 2005 through 2006.\n ``(2) Administration.--Of the amounts authorized to be \n appropriated under this section, the Secretary may use not more \n than $500,000 for costs associated with administration of this \n section.''.","summary":"Enhancing Nutrition in Medical Education Act of 2004 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to award grants to schools of medicine to integrate innovative curricula on nutrition into medical education. Requires the Secretary to ensure that such curricula focus on preventive health measures, including : (1) education on the causes, treatment, and prevention of obesity. (2) office education and counseling to ensure an appropriate diet for mostly healthy people, (3) prevention and treatment of common nutritional deficiencies, (4) the appropriate and inappropriate use of herbs and supplements, (5) office recognition and treatment of common eating disorders. And (6) identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. Requires grantees to: (1) develop innovative curricula. (2) integrate such curricula into the medical education at the school, (3) evaluate the results achieved with the curricula, (4) establish a multidisciplinary planning committee to develop the curricula. And (5) report to the Secretary on the developed curricula and results achieved. Requires the Secretary to prepare a consolidated report on the curricula and results achieved by grantees and to disseminate such report to schools of medicine.","title":"To amend the Public Health Service Act to authorize grants for the integration of innovative curricula on nutrition in medical education, and for other purposes.","text_len":6192,"sum_len":1348} {"bill_id":"113_s199","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alaska Adjacent Zone Safe Oil \nTransport and Revenue Sharing Act''.\n\nSEC. 2. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES.\n\n Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) \nis amended by adding at the end the following:\n ``(k) Oil Transportation in Arctic Waters.--The Secretary shall--\n ``(1) require that oil produced from Federal leases in \n Arctic waters in the Chukchi Sea planning area, Beaufort Sea \n planning area, or Hope Basin planning area be transported by \n pipeline to onshore facilities; and\n ``(2) provide for, and issue appropriate permits for, the \n transportation of oil from Federal leases in Arctic waters in \n preproduction phases (including exploration) by means other \n than pipeline.''.\n\nSEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.\n\n Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. \n1344) is amended by adding at the end the following:\n ``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.--\n ``(1) Definitions.--In this subsection:\n ``(A) Coastal political subdivision.--The term \n `coastal political subdivision' means a county-\n equivalent subdivision of the State all or part of \n which--\n ``(i) lies within the coastal zone (as \n defined in section 304 of the Coastal Zone \n Management Act of 1972 (16 U.S.C. 1453)); and\n ``(ii) the closest point of which is not \n more than 300 statute miles from the \n geographical center of any leased tract.\n ``(B) Distance.--The term `distance' means minimum \n great circle distance.\n ``(C) Indian tribe.--The term `Indian tribe' means \n an Alaska Native entity recognized and eligible to \n receive services from the Bureau of Indian Affairs, the \n headquarters of which is located within 300 miles of \n the geographical center of a leased tract.\n ``(D) Leased tract.--The term `leased tract' means \n a tract leased under this Act for the purpose of \n drilling for, developing, and producing oil or natural \n gas resources.\n ``(E) Renewable energy.--The term `renewable \n energy' means solar, wind, ocean, current, wave, tidal, \n or geothermal energy.\n ``(F) State.--The term `State' means the State of \n Alaska.\n ``(2) Revenue sharing.--Subject to paragraphs (3), (4), and \n (5), effective beginning on the date of enactment of this \n subsection, the State shall, without further appropriation or \n action, receive 37.5 percent of all revenues derived from all \n rentals, royalties, bonus bids, and other sums due and payable \n to the United States from energy development in any area of the \n Alaska Adjacent Zone, including from all sources of renewable \n energy leased, developed, or produced in any area in the Alaska \n Adjacent Zone.\n ``(3) Allocation among coastal political subdivisions of \n the state.--\n ``(A) In general.--The Secretary shall pay 25 \n percent of any allocable share of the State, as \n determined under paragraph (2), directly to coastal \n political subdivisions.\n ``(B) Allocation.--\n ``(i) In general.--For each leased tract \n used to calculate the allocation of the State, \n the Secretary shall pay the coastal political \n subdivisions within 300 miles of the \n geographical center of the leased tract based \n on the relative distance of the coastal \n political subdivisions from the leased tract in \n accordance with this subparagraph.\n ``(ii) Distances.--For each coastal \n political subdivision, the Secretary shall \n determine the distance between the point on the \n coastal political subdivision coastline closest \n to the geographical center of the leased tract \n and the geographical center of the tract.\n ``(iii) Payments.--The Secretary shall \n divide and allocate the qualified outer \n Continental Shelf revenues derived from the \n leased tract among coastal political \n subdivisions in amounts that are inversely \n proportional to the applicable distances \n determined under clause (ii).\n ``(4) Allocation among regional corporations.--\n ``(A) In general.--The Secretary shall pay 25 \n percent of any allocable share of the State, as \n determined under this subsection, directly to certain \n Regional Corporations established under section 7(a) of \n the Alaska Native Claims Settlement Act (43 U.S.C. \n 1606(a)).\n ``(B) Allocation.--\n ``(i) In general.--For each leased tract \n used to calculate the allocation of the State, \n the Secretary shall pay the Regional \n Corporations, after determining those Native \n villages within the region of the Regional \n Corporation which are within 300 miles of the \n geographical center of the leased tract based \n on the relative distance of such villages from \n the leased tract, in accordance with this \n paragraph.\n ``(ii) Distances.--For each such village, \n the Secretary shall determine the distance \n between the point in the village closest to the \n geographical center of the leased tract and the \n geographical center of the tract.\n ``(iii) Payments.--The Secretary shall \n divide and allocate the qualified outer \n Continental Shelf revenues derived from the \n leased tract among the qualifying Regional \n Corporations in amounts that are inversely \n proportional to the distances of all of the \n Native villages within each qualifying region.\n ``(iv) Revenues.--All revenues received by \n each Regional Corporation under clause (iii) \n shall be--\n ``(I) treated by the Regional \n Corporation as revenue subject to the \n distribution requirements of section \n 7(i)(1)(A) of the Alaska Native Claims \n Settlement Act (43 U.S.C. \n 1606(i)(1)(A)); and\n ``(II) divided annually by the \n Regional Corporation among all 12 \n Regional Corporations in accordance \n with section 7(i) of that Act.\n ``(v) Further distribution to village \n corporations.--A Regional Corporation receiving \n revenues under clause (iii) or (iv)(II) shall \n further distribute 50 percent of the revenues \n received to the Village Corporations in the \n region and the class of stockholders who are \n not residents of those villages in accordance \n with section 7(j) of that Act (43 U.S.C. \n 1606(j)).\n ``(5) Allocation among indian tribes.--\n ``(A) In general.--The Secretary shall pay 10 \n percent of any allocable share of the State, as \n determined under this subsection, directly to Indian \n tribes.\n ``(B) Allocation.--\n ``(i) In general.--For each leased tract \n used to calculate the allocation of the State, \n the Secretary shall pay Indian tribes based on \n the relative distance of the headquarters of \n the Indian tribes from the leased tract, in \n accordance with this subparagraph.\n ``(ii) Distances.--For each Indian tribe, \n the Secretary shall determine the distance \n between the location of the headquarters of the \n Indian tribe and the geographical center of the \n tract.\n ``(iii) Payments.--The Secretary shall \n divide and allocate the qualified outer \n Continental Shelf revenues derived from the \n leased tract among the Indian tribes in amounts \n that are inversely proportional to the \n distances described in clause (ii).\n ``(6) Conservation royalty.--After making distributions \n under paragraph (2) and section 31, the Secretary shall, \n without further appropriation or action, distribute a \n conservation royalty equal to 15 percent of Federal royalty \n revenues derived from an area leased under this subsection from \n all areas leased under this subsection for any year, into the \n land and water conservation fund established under section 2 of \n the Land and Water Conservation Fund Act of 1965 (16 U.S.C. \n 460l-5) to provide financial assistance to States under section \n 6 of that Act (16 U.S.C. 460l-8).\n ``(7) Deficit reduction.--After making distributions in \n accordance with paragraph (2) and in accordance with section \n 31, the Secretary shall, without further appropriation or \n action, distribute an amount equal to 7.5 percent of Federal \n royalty revenues derived from an area leased under this \n subsection from all areas leased under this subsection for any \n year, into direct Federal deficit reduction.''.\n\nSEC. 4. IMPOSITION OF EXCISE TAX ON BITUMEN TRANSPORTED INTO THE UNITED \n STATES.\n\n (a) In General.--Subsection (a) of section 4612 of the Internal \nRevenue Code of 1986 is amended--\n (1) in paragraph (1), by striking ``and natural gasoline'' \n and inserting ``, natural gasoline, and bitumen'', and\n (2) by inserting at the end the following new paragraph:\n ``(10) Bitumen.--The term `bitumen' includes diluted \n bitumen, bituminous mixtures, or any oil manufactured from \n bitumen or a bituminous mixture.''.\n (b) Effective Date.--The amendments made by this section shall \napply to oil and petroleum products received or entered after December \n31, 2013.","summary":"Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases , to be transported by pipeline to onshore facilities. And (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases by means other than pipeline. Requires that the state of Alaska receive 37.5 of all revenues derived from all rentals, royalties, bonus bids and other sums payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in such Zone. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 25 of any allocable state share directly to coastal political subdivisions, (2) 25 of any allocable state share to certain Regional Corporations, and (3) 10 of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute: (1) 15 of certain federal royalty revenues into a specified land and water conservation fund to provide financial assistance to states, and (2) 7.5 of certain federal royalty revenues into direct federal deficit reduction. Amends the Internal Revenue Code to impose an excise tax on bitumen transported into the United States.","title":"Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act","text_len":11831,"sum_len":1461} {"bill_id":"107_s1587","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Port Threat and Security Act''.\n\nSEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED \n STATES PORTS.\n\n Within 6 months after the date of enactment of this Act and every \nyear thereafter, the Secretary of Transportation, in consultation with \nthe Secretary of State, shall provide a report to the Committees on \nCommerce, Science, and Transportation and Foreign Relations of the \nSenate, and the Committees on Transportation and Infrastructure and \nInternational Relations of the House of Representatives that lists the \nfollowing information:\n (1) A list of all nations whose flag vessels have entered \n United States ports in the previous year.\n (2) Of the nations on that list, a separate list of those \n nations--\n (A) whose registered flag vessels appear as \n Priority III or higher on the Boarding Priority Matrix \n maintained by the Coast Guard;\n (B) that have presented, or whose flag vessels have \n presented, false, intentionally incomplete, or \n fraudulent information to the United States concerning \n passenger or cargo manifests, crew identity or \n qualifications, or registration or classification of \n their flag vessels;\n (C) whose vessel registration or classification \n procedures have been found by the Secretary to be \n insufficient or do not exercise adequate control over \n safety and security concerns; or\n (D) whose laws or regulations are not sufficient to \n allow tracking of ownership and registration histories \n of registered flag vessels.\n (3) Actions taken by the United States, whether through \n domestic action or international negotiation, including \n agreements at the International Maritime Organization under \n section 902 of the International Maritime and Port Security Act \n (46 U.S.C. App. 1801), to improve transparency and security of \n vessel registration procedures in nations on the list under \n paragraph (2).\n (4) Recommendations for legislative or other actions needed \n to improve security of United States ports against potential \n threats posed by flag vessels of nations named in paragraph \n (2).\n\nSEC. 3. SEA MARSHAL PROGRAM.\n\n (a) Establishment.--Within 6 months after the date of enactment of \nthis Act, the Secretary of Transportation shall establish a program to \nplace sea marshals on vessels entering United States Ports identified \nin subsection (c).\n (b) Consultation.--In establishing this program, the Secretary \nshall consult with representatives from the port security task force \nand local port security committees.\n (c) Sea Marshal Ports.--The Secretary shall identify United States \nports for inclusion in the sea marshal program based on criteria that \ninclude the following:\n (1) The presence of port facilities that handle materials \n that are hazardous or flammable in quantities that make them \n potential targets of attack.\n (2) The proximity of these facilities to residential or \n other densely populated areas.\n (3) The proximity of sea lanes or navigational channels to \n hazardous areas that would pose a danger to citizens in the \n event of a loss of navigational control by the ship's master.\n (4) Any other criterion deemed necessary by the Secretary.\n (d) Sea Marshal Qualifications.--The Secretary shall establish \nappropriate qualifications or standards for sea marshals. The Secretary \nmay use, or require use of, Federal, State, or local personnel as sea \nmarshals.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation such sums as may be \nnecessary to carry out the requirements of this section for each of the \nfiscal years 2002 through 2006.\n (f) Report.--Within 3 years after the date of enactment of this \nAct, the Secretary shall report to the Committee on Commerce, Science, \nand Transportation of the Senate, and Committee on Transportation and \nInfrastructure of the House of Representatives on the success of the \nprogram in protecting the ports listed under (c), and submit any \nrecommendations.\n\nSEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM.\n\n Within 6 months after the date of enactment of this Act, the \nSecretary of Transportation shall provide a secure report to the \nCommittee on Commerce, Science, and Transportation of the Senate, and \nCommittee on Transportation and Infrastructure of the House of \nRepresentatives on the potential for increasing the capabilities of sea \npilots to provide information on maritime domain awareness. The report \nshould specifically address necessary improvements to both reporting \nprocedures and equipment that could allow pilots to be integrated more \neffectively in an maritime domain awareness program.\n\nSEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS.\n\n (a) Assessment.--\n (1) In general.--The Secretary shall assess the \n effectiveness of the security measures maintained at--\n (A) each foreign seaport--\n (i) served by United States vessels;\n (ii) from which foreign vessels serve the \n United States; or\n (iii) that poses a high risk of introducing \n danger to international sea travel; and\n (B) other foreign seaports the Secretary considers \n appropriate.\n (2) International cooperation and standards.--The Secretary \n of Transportation shall conduct an assessment under paragraph \n (1) of this subsection--\n (A) in consultation with appropriate port \n authorities of the government of a foreign country \n concerned and United States vessel operators serving \n the foreign seaport for which the Secretary is \n conducting the assessment;\n (B) to establish the extent to which a foreign \n seaport effectively maintains and carries out security \n measures; and\n (C) by using a standard that will result in an \n analysis of the security measures at the seaport based \n at least on the standards and recommended practices of \n the International Maritime Organization in effect on \n the date of the assessment.\n (3) Report.--Each report to Congress required under section \n 2 shall contain a summary of the assessments conducted under \n this subsection.\n (b) Interval.--The Secretary of Transportation shall conduct \nassessments under subsection (a) of this section of at least 25 foreign \nseaports annually until all seaports identified in subsection (a)(1) \nare completed. The first 25 of these assessments shall be conducted \nwithin 18 months after the date of enactment of this Act.\n (c) Consultation.--In carrying out subsection (a) of this section, \nthe Secretary of Transportation shall consult with the Secretary of \nState--\n (1) on the terrorist threat that exists in each country; \n and\n (2) to establish which foreign seaports are not under the \n de facto control of the government of the foreign country in \n which they are located and pose a high risk of introducing \n danger to international sea travel.\n (d) Qualified Assessment Entities.--In carrying out subsection (a) \nof this section, the Secretary of Transportation may utilize entities \ndetermined by the Secretary of Transportation and the Secretary of \nState to be qualified to conduct such assessments.\n (e) Notifying Foreign Authorities.--If the Secretary of \nTransportation, after conducting an assessment under subsection (a) of \nthis section, determines that a seaport does not maintain and carry out \neffective security measures, the Secretary, after advising the \nSecretary of State, shall notify the appropriate authorities of the \ngovernment of the foreign country of the decision and recommend the \nsteps necessary to bring the security measures in use at the seaport up \nto the standard used by the Secretary in making the assessment.\n (f) Actions When Seaports Not Maintaining and Carrying Out \nEffective Security Measures.--\n (1) In general.--If the Secretary of Transportation makes a \n determination under subsection (e) that a seaport does not \n maintain and carry out effective security measures, the \n Secretary--\n (A) shall publish the identity of the seaport in \n the Federal Register;\n (B) shall require the identity of the seaport to be \n posted and displayed prominently at all United States \n seaports at which scheduled passenger carriage is \n provided regularly;\n (C) shall notify the news media of the identity of \n the seaport;\n (D) shall require each United States and foreign \n vessel providing transportation between the United \n States and the seaport to provide written notice of the \n decision, on or with the ticket, to each passenger \n buying a ticket for transportation between the United \n States and the seaport; and\n (E) may, after consulting with the appropriate port \n authorities of the foreign country concerned and United \n States and foreign vessel operators serving the seaport \n and with the approval of the Secretary of State, \n withhold, revoke, or prescribe conditions on the \n operating authority of a United States or foreign \n vessel that uses that seaport to provide foreign sea \n transportation.\n (2) Presidential action.--If the Secretary makes such a \n determination under subsection (e) about a seaport, the \n President may prohibit a United States or foreign vessel from \n providing transportation between the United States and any \n other foreign seaport that is served by vessels navigating to \n or from the seaport with respect to which a decision is made \n under this section.\n (3) When action to be taken.--\n (A) In general.--The provisions of paragraphs (1) \n and (2) shall apply with respect to a foreign seaport--\n (i) 90 days after the government of a \n foreign country is notified of the Secretary's \n determination under subsection (e) of this \n section unless the Secretary of Transportation \n finds that the government has brought the \n security measures at the seaport up to the \n standard the Secretary used in making an \n assessment under subsection (a) of this section \n before the end of that 90-day period; or\n (ii) on the date on which the Secretary \n makes that determination if the Secretary of \n Transportation determines, after consulting \n with the Secretary of State, that a condition \n exists that threatens the safety or security of \n passengers, vessels, or crew traveling to or \n from the seaport.\n (B) Travel advisory notification.--The Secretary of \n Transportation immediately shall notify the Secretary \n of State of a determination under subparagraph (A)(ii) \n of this paragraph so that the Secretary of State may \n issue a travel advisory required under section 908 of \n the International Maritime and Port Security Act (46 \n U.S.C. App. 1804).\n (4) Congressional notification.--The Secretary of \n Transportation promptly shall submit to Congress a report (and \n classified annex if necessary) on action taken under paragraph \n (1) or (2) of this subsection, including information on \n attempts made to obtain the cooperation of the government of a \n foreign country in meeting the standard the Secretary used in \n assessing the seaport under subsection (a) of this section.\n (5) Cancellation of publication requirements.--If the \n Secretary of Transportation, in consultation with the Secretary \n of State, determines that effective security measures are \n maintained and carried out at the seaport against which the \n Secretary took action under paragraph (1), then the Secretary \n shall--\n (A) terminate action under paragraph (1) against \n that seaport; and\n (B) notify the Congress of the Secretary's \n determination.\n (g) Suspensions.--The Secretary of Transportation, with the \napproval of the Secretary of State and without notice or a hearing, \nshall suspend the right of any United States vessel to provide foreign \nsea transportation, and the right of a person to operate vessels in \nforeign sea commerce, to or from a foreign seaport if the Secretary of \nTransportation determines that--\n (1) a condition exists that threatens the safety or \n security of passengers, vessels, or crew traveling to or from \n that seaport; and\n (2) the public interest requires an immediate suspension of \n transportation between the United States and that seaport.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Transportation $2,000,000 for fiscal \nyear 2002 and each fiscal year thereafter to carry out this section.\n\nSEC. 6. FOREIGN PORT ASSESSMENT FEES.\n\n (a) In General.--The Secretary of Transportation shall collect a \nuser fee from cruise vessel lines upon the arrival of a cruise vessel \nat a United States port from a foreign port. Amounts collected under \nthis section shall be treated as offsetting collections to offset \nannual appropriations for the costs of providing foreign port \nvulnerability assessments under section 5.\n (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each \npassenger embarkment on a cruise that includes at least one United \nStates port and one foreign port.\n (c) Use of Fees.--A fee collected under this section shall be used \nsolely for the costs associated with providing foreign port \nvulnerability assessments and may be used only to the extent provided \nin advance in an appropriation law.\n (d) Effective Date.--The requirements of this section apply with \nrespect to travel beginning more than 179 days after the date of \nenactment of this Act.","summary":"Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered US ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels. (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed. And (3) on recommendations for legislative or other actions needed to improve security of US ports against potential threats posed by flag vessels of such nations. Establishes a program to place sea marshals on vessels entering US ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas. Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve US vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures. Imposes a user fee on cruise vessels that arrive at a US port from a foreign port.","title":"A bill to provide improved port and maritime security, and for other purposes.","text_len":15413,"sum_len":1567} {"bill_id":"113_hr3410","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Critical Infrastructure Protection \nAct'' or ``CIPA''.\n\nSEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND \n PREPAREDNESS.\n\n (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) \nis amended--\n (1) in section 2 (6 U.S.C. 101), by inserting after \n paragraph (6) the following:\n ``(6a) EMP.--The term `EMP' means--\n ``(A) an electromagnetic pulse caused by \n intentional means, including acts of terrorism; and\n ``(B) a geomagnetic disturbance caused by solar \n storms or other naturally occurring phenomena.'';\n (2) in title V (6 U.S.C. 311 et seq.), by adding at the end \n the following:\n\n``SEC. 526. NATIONAL PLANNING SCENARIOS AND EDUCATION.\n\n ``The Secretary shall, to the extent practicable--\n ``(1) include in national planning scenarios the threat of \n EMP events; and\n ``(2) conduct outreach to educate owners and operators of \n critical infrastructure, emergency planners, and emergency \n responders at all levels of government of the threat of EMP \n events.'';\n (3) in title III (6 U.S.C. 181 et seq.), by adding at the \n end of the following:\n\n``SEC. 318. EMP RESEARCH AND DEVELOPMENT.\n\n ``(a) In General.--In furtherance of domestic preparedness and \nresponse, the Secretary, acting through the Under Secretary for Science \nand Technology, and in consultation with other relevant agencies and \ndepartments of the Federal Government and relevant owners and operators \nof critical infrastructure, shall, to the extent practicable, conduct \nresearch and development to mitigate the consequences of EMP events.\n ``(b) Scope.--The scope of the research and development under \nsubsection (a) shall include the following:\n ``(1) An objective scientific analysis of the risks to \n critical infrastructures from a range of EMP events.\n ``(2) Determination of the critical national security \n assets and vital civic utilities and infrastructures that are \n at risk from EMP events.\n ``(3) An evaluation of emergency planning and response \n technologies that would address the findings and \n recommendations of experts, including those of the Commission \n to Assess the Threat to the United States from Electromagnetic \n Pulse Attack.\n ``(4) An analysis of technology options that are available \n to improve the resiliency of critical infrastructure to EMP.\n ``(5) The restoration and recovery capabilities of critical \n infrastructure under differing levels of damage and disruption \n from various EMP events.''; and\n (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the \n end the following:\n ``(26)(A) Prepare and submit to the Committee on Homeland \n Security of the House of Representatives and the Committee on \n Homeland Security and Governmental Affairs of the Senate--\n ``(i) a recommended strategy to protect and prepare \n the critical infrastructure of the American homeland \n against EMP events, including from acts of terrorism; \n and\n ``(ii) biennial updates on the status of the \n recommended strategy.\n ``(B) The recommended strategy shall--\n ``(i) be based on findings of the research and \n development conducted under section 318;\n ``(ii) be developed in consultation with the \n relevant Federal sector-specific agencies (as defined \n under Homeland Security Presidential Directive-7) for \n critical infrastructures;\n ``(iii) be developed in consultation with the \n relevant sector coordinating councils for critical \n infrastructures; and\n ``(iv) include a classified annex as needed.\n ``(C) The Secretary may, if appropriate, incorporate the \n recommended strategy into a broader recommendation developed by \n the Department to help protect and prepare critical \n infrastructure from terrorism and other threats if, as \n incorporated, the strategy complies with subparagraph (B).''.\n (b) Clerical Amendments.--The table of contents in section 1(b) of \nsuch Act is amended--\n (1) by adding at the end of the items relating to title V \n the following:\n\n``Sec. 526. National planning scenarios and education.'';\n and\n (2) by adding at the end of the items relating to title III \n the following:\n\n``Sec. 318. EMP research and development.''.\n (c) Deadline for Recommended Strategy.--The Secretary of Homeland \nSecurity shall submit the recommended strategy required under the \namendment made by subsection (a)(4) by not later than one year after \nthe date of the enactment of this Act.\n (d) Report.--The Secretary shall submit a report to Congress by not \nlater than 180 days after the date of the enactment of this Act \ndescribing the progress made in, and an estimated date by which the \nDepartment of Homeland Security will have completed--\n (1) including EMP (as defined in the amendment made by \n subsection (a)(1)) threats in national planning scenarios;\n (2) research and development described in the amendment \n made by subsection (a)(3);\n (3) development of the comprehensive plan required under \n the amendment made by subsection (a)(4); and\n (4) outreach to educate owners and operators of critical \n infrastructure, emergency planners and emergency responders at \n all levels of government regarding the threat of EMP events.\n\nSEC. 3. NO REGULATORY AUTHORITY.\n\n Nothing in this Act, including the amendments made by this Act, \nshall be construed to grant any regulatory authority.\n\nSEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.\n\n This Act, including the amendments made by this Act, may be carried \nout only by using funds appropriated under the authority of other laws.\n\n Passed the House of Representatives December 1, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Critical Infrastructure Protection Act or CIPA - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to: (1) include in national planning scenarios the threat of electromagnetic pulse (EMP) events. And (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events. Directs the Secretary, acting through the Under Secretary for Science and Technology to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP. And (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of the Secretary of Homeland Security relating to intelligence and analysis and infrastructure protection to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism. And (2) biennial updates on the status of such strategy. Authorizes the Secretary to incorporate such strategy into a broader recommendation developed by the Department of Homeland Security (DHS) to help protect and prepare critical infrastructure from terrorism and other threats.","title":"Critical Infrastructure Protection Act","text_len":6546,"sum_len":1988} {"bill_id":"106_s1668","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workplace Religious Freedom Act of \n1999''.\n\nSEC. 2. AMENDMENTS.\n\n (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964 \n(42 U.S.C. 2000e(j)) is amended--\n (1) by inserting ``(1)'' after ``(j)'';\n (2) by inserting ``, after initiating and engaging in an \n affirmative and bona fide effort,'' after ``unable'';\n (3) by striking ``an employee's'' and all that follows \n through ``religious'' and insert ``an employee's religious''; \n and\n (4) by adding at the end the following:\n ``(2) As used in this subsection, the term `employee' includes a \nprospective employee.\n ``(3) As used in this subsection, the term `undue hardship' means \nan accommodation requiring significant difficulty or expense. For \npurposes of determining whether an accommodation requires significant \ndifficulty or expense--\n ``(A) an accommodation shall be considered to require \n significant difficulty or expense if the accommodation will \n result in the inability of an employee to perform the essential \n functions of the employment position of the employee; and\n ``(B) other factors to be considered in making the \n determination shall include--\n ``(i) the identifiable cost of the accommodation, \n including the costs of loss of productivity and of \n retraining or hiring employees or transferring \n employees from one facility to another, in relation to \n the size and operating cost of the employer;\n ``(ii) the number of individuals who will need the \n particular accommodation to a religious observance or \n practice; and\n ``(iii) for an employer with multiple facilities, \n the degree to which the geographic separateness or \n administrative or fiscal relationship of the facilities \n will make the accommodation more difficult or \n expensive.''.\n (b) Employment Practices.--Section 703 of such Act (42 U.S.C. \n2000e-2) is amended by adding at the end the following:\n ``(o)(1) As used in this subsection:\n ``(A) The term `employee' includes a prospective employee.\n ``(B) The term `leave of general usage' means leave \n provided under the policy or program of an employer, under \n which--\n ``(i) an employee may take leave by adjusting or \n altering the work schedule or assignment of the \n employee according to criteria determined by the \n employer; and\n ``(ii) the employee may determine the purpose for \n which the leave is to be utilized.\n ``(C) The term `undue hardship' has the meaning given the \n term in section 701(j)(3).\n ``(2) For purposes of determining whether an employer has committed \nan unlawful employment practice under this title by failing to provide \na reasonable accommodation to the religious observance or practice of \nan employee, an accommodation by the employer shall not be deemed to be \nreasonable if such accommodation does not remove the conflict between \nemployment requirements and the religious observance or practice of the \nemployee.\n ``(3) An employer shall be considered to commit such a practice by \nfailing to provide such a reasonable accommodation for an employee if \nthe employer refuses to permit the employee to utilize leave of general \nusage to remove such a conflict solely because the leave will be used \nto accommodate the religious observance or practice of the employee.\n ``(4) It shall not be a defense to a claim of unlawful employment \npractice under this title for failure to provide a reasonable \naccommodation to a religious observance or practice of an employee that \nsuch accommodation would be in violation of a bona fide seniority \nsystem if, in order for the employer to reasonably accommodate such \nobservance or practice--\n ``(A) an adjustment would be made in the employee's work \n hours (including an adjustment that requires the employee to \n work overtime in order to avoid working at a time that \n abstention from work is necessary to satisfy religious \n requirements), shift, or job assignment, that would not be \n available to any employee but for such accommodation; or\n ``(B) the employee and any other employee would voluntarily \n exchange shifts or job assignments, or voluntarily make some \n other arrangement between the employees.\n ``(5)(A) An employer shall not be required to pay premium wages or \nconfer premium benefits for work performed during hours to which such \npremium wages or premium benefits would ordinarily be applicable, if \nwork is performed during such hours only to accommodate religious \nrequirements of an employee.\n ``(B) As used in this paragraph--\n ``(i) the term `premium benefit' means an employment \n benefit, such as seniority, group life insurance, health \n insurance, disability insurance, sick leave, annual leave, an \n educational benefit, or a pension, that is greater than the \n employment benefit due the employee for an equivalent period of \n work performed during the regular work schedule of the \n employee; and\n ``(ii) the term `premium wages' includes overtime pay and \n compensatory time off, premium pay for night, weekend, or \n holiday work, and premium pay for standby or irregular duty.''.\n\nSEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.\n\n (a) Effective Date.--Except as provided in subsection (b), this Act \nand the amendments made by section 2 take effect on the date of \nenactment of this Act.\n (b) Application of Amendments.--The amendments made by section 2 do \nnot apply with respect to conduct occurring before the date of \nenactment of this Act.","summary":"Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.","title":"Workplace Religious Freedom Act of 1999","text_len":6097,"sum_len":529} {"bill_id":"113_hr4961","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Human Smuggling Prevention Act of \n2014''.\n\nSEC. 2. ORGANIZED HUMAN SMUGGLING.\n\n (a) Prohibited Activities.--Whoever, while acting for profit or \nother financial gain, knowingly directs or participates in an effort or \nscheme to assist or cause five or more persons (other than a parent, \nspouse, or child of the offender)--\n (1) to enter, attempt to enter, or prepare to enter the \n United States--\n (A) by fraud, falsehood, or other corrupt means;\n (B) at any place other than a port or place of \n entry designated by the Secretary of Homeland Security; \n or\n (C) in a manner not prescribed by the immigration \n laws and regulations of the United States; or\n (2) to travel by air, land, or sea toward the United States \n (whether directly or indirectly)--\n (A) knowing that the persons seek to enter or \n attempt to enter the United States without lawful \n authority; and\n (B) with the intent to aid or further such entry or \n attempted entry; or\n (3) to be transported or moved outside of the United \n States--\n (A) knowing that such persons are aliens in \n unlawful transit from one country to another or on the \n high seas; and\n (B) under circumstances in which the persons are in \n fact seeking to enter the United States without \n official permission or legal authority;\n shall be punished as provided in subsection (c) or (d).\n (b) Conspiracy and Attempt.--Any person who attempts or conspires \nto violate subsection (a) of this section shall be punished in the same \nmanner as a person who completes a violation of such subsection.\n (c) Base Penalty.--Except as provided in subsection (d), any person \nwho violates subsection (a) or (b) shall be fined under title 18, \nUnited States Code, imprisoned for not more than 20 years, or both.\n (d) Enhanced Penalties.--Any person who violates subsection (a) or \n(b) shall--\n (1) in the case of a violation during and in relation to \n which a serious bodily injury (as such term is defined in \n section 1365 of title 18, United States Code) occurs to any \n person, be fined under title 18, United States Code, imprisoned \n for not more than 30 years, or both;\n (2) in the case of a violation during and in relation to \n which the life of any person is placed in jeopardy, be fined \n under title 18, United States Code, imprisoned for not more \n than 30 years, or both;\n (3) in the case of a violation involving ten or more \n persons, be fined under title 18, United States Code, \n imprisoned for not more than 30 years, or both;\n (4) in the case of a violation involving the bribery or \n corruption of a United States or foreign government official, \n be fined under title 18, United States Code, imprisoned for not \n more than 30 years, or both;\n (5) in the case of a violation involving robbery or \n extortion (as such terms are defined in paragraph (1) or (2), \n respectively, of section 1951(b) of title 18, United States \n Code) be fined under title 18, United States Code, imprisoned \n for not more than 30 years, or both;\n (6) in the case of a violation during and in relation to \n which any person is subjected to an involuntary sexual act (as \n such term is defined in section 2246(2) of title 18, United \n States Code), be fined under title 18, United States Code, \n imprisoned for not more than 30 years, or both;\n (7) in the case of a violation resulting in the death of \n any person, be fined under title 18, United States Code, \n imprisoned for any term of years or for life, or both;\n (8) in the case of a violation in which any alien is \n confined or restrained, including by the taking of clothing, \n goods, or personal identification documents, be fined under \n title 18, United States Code, imprisoned not fewer than five \n years and not more than ten years, or both;\n (9) in the case of smuggling an unaccompanied alien child \n (as such term is defined in paragraph (2) of section 462(g) of \n the Homeland Security Act of 2002 (6 U.S.C. 279(g)), be fined \n under title 18, United States Code, imprisoned not more than 20 \n years.\n (e) Lawful Authority Defined.--In this section, the term ``lawful \nauthority''--\n (1) means permission, authorization, or license that is \n expressly provided for in the immigration laws of the United \n States or accompanying regulations; and\n (2) does not include any such authority secured by fraud or \n otherwise obtained in violation of law, nor does it include \n authority sought, but not approved.\n (f) Effort or Scheme.--For purposes of this section, ``effort or \nscheme to assist or cause five or more persons'' does not require that \nthe five or more persons enter, attempt to enter, prepare to enter, or \ntravel at the same time so long as the acts are completed within one \nyear.\n\nSEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Homeland Security shall \nimplement a strategy to deter, detect, and interdict human smuggling \nacross the international land and maritime borders of the United \nStates.\n (b) Components.--The strategy referred to in subsection (a) shall \ninclude, at a minimum, the following components:\n (1) Efforts to increase coordination between the border and \n maritime security components of the Department of Homeland \n Security.\n (2) An identification of intelligence gaps impeding the \n ability to deter, detect, and interdict human smuggling across \n the international land and maritime borders of the United \n States.\n (3) Efforts to increase information sharing with State and \n local governments and other Federal agencies.\n (4) Efforts to provide, in coordination with the Federal \n Law Enforcement Training Center, training for the border and \n maritime security components of the Department of Homeland \n Security to deter, detect, and interdict human smuggling across \n the international land and maritime borders of the United \n States.\n (5) An identification of the high traffic areas of human \n smuggling along the international land and maritime borders of \n the United States.\n (c) Report.--Not later than 30 days after the implementation of the \nstrategy referred to in subsection (a), the Secretary of Homeland \nSecurity shall submit to the Committee on Homeland Security of the \nHouse of Representatives and the Committee on Homeland Security and \nGovernmental Affairs of the Senate a report that describes such \nstrategy, including the components described in subsection (b). If the \nSecretary determines that such is appropriate, such report may be \nsubmitted in classified form.\n (d) Annual List of High Traffic Areas.--Not later than February 1 \nof every year beginning in the year after the date of the enactment of \nthis Act, the Secretary of Homeland Security shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Homeland Security and Governmental Affairs of the Senate a \nlist of the high traffic areas of human smuggling referred to in \nsubsection (b)(5).\n (e) High Traffic Areas of Human Smuggling Defined.--In this Act, \nthe term ``high traffic areas of human smuggling'' means the United \nStates ports of entry and areas between such ports that have the most \nhuman smuggling activity, as measured by U.S. Customs and Border \nProtection.\n\nSEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.\n\n (a) Illicit Spotting.--Whoever knowingly transmits to another \nperson the location, movement, or activities of any Federal, State, or \ntribal law enforcement agency with the intent to further a Federal \ncrime relating to United States immigration, customs, controlled \nsubstances, agriculture, monetary instruments, or other border controls \nshall be fined under title 18, United States Code, imprisoned not more \nthan 10 years, or both.\n (b) Destruction of United States Border Controls.--Whoever \nknowingly and without lawful authorization destroys, alters, or damages \nany fence, barrier, sensor, camera, or other physical or electronic \ndevice deployed by the Federal Government to control the border or a \nport of entry, or otherwise seeks to construct, excavate, or make any \nstructure intended to defeat, circumvent or evade any such fence, \nbarrier, sensor camera, or other physical or electronic device deployed \nby the Federal Government to control the border or a port of entry, \nshall be fined under title 18, United States Code, imprisoned not more \nthan 10 years, or both, and if, at the time of the offense, the person \nuses or carries a firearm or, in furtherance of any such crime, \npossesses a firearm, that person shall be fined under title 18, United \nStates Code, imprisoned not more than 20 years, or both.\n (c) Conspiracy and Attempt.--Any person who attempts or conspires \nto violate subsection (a) or (b) shall be punished in the same manner \nas a person who completes a violation of such subsection.\n (d) Prohibiting Carrying or Use of a Firearm During and in Relation \nto an Alien Smuggling Crime.--Section 924(c) of title 18, United States \nCode, is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (A), by inserting ``, alien \n smuggling crime,'' after ``crime of violence'' each \n place such term appears; and\n (B) in subparagraph (D)(ii), by inserting ``, alien \n smuggling crime,'' after ``crime of violence''; and\n (2) by adding at the end the following:\n ``(6) For purposes of this subsection, the term `alien \n smuggling crime' means any felony punishable under section \n 274(a), 277, or 278 of the Immigration and Nationality Act (8 \n U.S.C. 1324(a), 1327, and 1328).''.\n (e) Statute of Limitations.--Section 3298 of title 18, United \nStates Code, is amended by inserting ``, or under section 2 or \nsubsection (a), (b), or (c) of section 4 of the Human Smuggling \nPrevention Act of 2014,'' after ``Immigration and Nationality Act''.","summary":"Human Smuggling Prevention Act of 2014 - Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States. Establishes monetary andor prison penalties for such actions. Prescribes increased penalties for actions that: (1) result in death or serious bodily injury, (2) place a life in jeopardy. Or (3) involve bribery of a government official, robbery, sexual abuse, or 10 or more persons. Directs the Secretary of Homeland Security (DHS) to: (1) implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States, and (2) submit an annual list to Congress of high traffic areas of human smuggling. Makes it a crime to: (1) transmit to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls. And (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry. Prohibits the carrying or use of a firearm in an alien smuggling crime.","title":"Human Smuggling Prevention Act of 2014","text_len":10899,"sum_len":1268} {"bill_id":"110_hr6400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Temporary Economic Priority \n(STEP) Act''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to authorize a State to transfer or \nconsolidate funds made available to such State under certain \ntransportation, education, and job training programs after the United \nStates experiences economic growth at an annual rate of less than 1 \npercent for 2 calendar quarters.\n\nSEC. 3. AUTHORITY TO TRANSFER OR CONSOLIDATE CERTAIN FUNDS.\n\n (a) Authority Available.--\n (1) In general.--A State may transfer or consolidate funds \n under subsections (b), (c), and (d) beginning with the calendar \n quarter after the United States experiences economic growth at \n an annual rate of less than 1 percent for 2 calendar quarters \n and continuing until 18 months after the United States \n experiences economic growth at an annual rate of 1 percent or \n more for 2 calendar quarters.\n (2) Treatment of transferred or consolidated funds.--Funds \n transferred or consolidated under subsections (b), (c), or (d) \n shall be used in accordance with the statutory and regulatory \n requirements applicable to the program to which the funds are \n transferred or consolidated.\n (b) Transportation Funds.--\n (1) In general.--In applying subsection (a), a State may \n transfer, in such amounts as the State determines appropriate, \n any funds apportioned and allocated to such State from amounts \n made available from the Highway Trust Fund (26 U.S.C. 9503 et \n seq.), other than the Mass Transit Account, to any of the \n apportionments and allocations for the following programs \n authorized by title 23, United States Code:\n (A) The interstate maintenance program under \n section 119.\n (B) The National Highway System under section \n 103(b).\n (C) The surface transportation program under \n section 133.\n (D) The highway bridge replacement and \n rehabilitation program under section 144.\n (2) Exempt transportation funds.--The funds made available \n for the highway safety improvement programs authorized by \n section 148 and chapter 4 of title 23, United States Code, \n shall not be subject to transfer or consolidation under \n subsection (a).\n (c) Federal Education Funds.--In applying subsection (a), a State \nmay, in such amounts as the State determines appropriate from any funds \nmade available to such State under any formula grant programs carried \nout under any of the following provisions of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 6301 et seq.), transfer or \nconsolidate such funds between and among such programs:\n (1) Part A of title I (Improving Basic Programs Operated by \n Local Educational Agencies).\n (2) Subpart 1 of part B of title I (Reading First).\n (3) Subpart 3 of part B of title I (William F. Goodling \n Even Start Family Literacy Programs).\n (4) Subpart 4 of part B of title I (Improving Literacy \n Through School Libraries).\n (5) Part C of title I (Education of Migratory Children).\n (6) Part D of title I (Prevention and Intervention Programs \n for Children and Youth who are Neglected, Delinquent, or At-\n Risk).\n (7) Part F of title I (Comprehensive School Reform).\n (8) Part H of title I (School Dropout Prevention).\n (9) Subpart 1 of part A of title II (Teacher and Principal \n Training and Recruiting Fund (Grants to States)).\n (10) Part B of title II (Mathematics and Science \n Partnerships).\n (11) Part D of title II (Enhancing Education Through \n Technology).\n (12) Part A of title III (English Language Acquisition, \n Language Enhancement, and Academic Achievement).\n (13) Part A of title IV (Safe and Drug-Free Schools and \n Communities).\n (14) Part B of title IV (21st Century Community Learning \n Centers).\n (15) Subpart 2 of part A of title V (Innovative Programs \n (State Programs)).\n (16) Subpart 1 of part A of title VI (Improving Academic \n Achievement (Accountability)).\n (d) Job Training Funds.--In applying subsection (a), a State may, \nin such amounts as the State determines appropriate from any funds made \navailable to such State under the following job training programs, \ntransfer or consolidate such funds between and among such programs:\n (1) Any formula grant program carried out under the \n Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).\n (2) Any funds made available to the State under part II of \n subchapter B of chapter 2 of title II of the Trade Act of 1974 \n (19 U.S.C. 2295 et seq.).\n (e) Definitions.--In this Act--\n (1) the phrase ``economic growth at an annual rate of less \n than 1 percent for 2 calendar quarters'' means, that for 2 \n consecutive calendar quarters, real gross domestic product, as \n announced by Bureau of Economic Analysis of the Department of \n Commerce, has experienced--\n (A) an annual rate of decrease for such quarters;\n (B) no change in the annual rate for such quarters; \n or\n (C) an increase at an annual rate of less than 1 \n percent for such quarters; and\n (2) the phrase ``economic growth at an annual rate of 1 \n percent or more for 2 calendar quarters'' means an increase in \n real gross domestic product at an annual rate of 1 percent or \n more for 2 consecutive calendar quarters, as announced by the \n Bureau of Economic Analysis of the Department of Commerce for \n such quarters.","summary":"State Temporary Economic Priority (STEP) Act - Authorizes states to transfer or consolidate funds made available to them under certain federal transportation, education, and job training programs: (1) beginning with the calendar quarter after the United States experiences economic growth at an annual rate of less than 1 for two consecutive calendar quarters. And (2) continuing until 18 months after it experiences economic growth at an annual rate of 1 or more for two consecutive calendar quarters.","title":"To authorize a State to transfer or consolidate funds made available to such State under certain transportation, education, and job training programs after the United States experiences economic growth at an annual rate of less than 1 percent for 2 calendar quarters.","text_len":6075,"sum_len":502} {"bill_id":"106_hr5365","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Accounting for Intangibles \nReexamination (FAIR) Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of the Congress that, prior to changing existing \nrules of accounting for business combinations and intangible assets, \nthe Securities and Exchange Commission and the Financial Accounting \nStandards Board should undertake a comprehensive reexamination of the \nappropriate methods of accounting for purchased and internally \ngenerated intangibles including goodwill, and should await the results \nof related studies of these issues.\n\nSEC. 3. MORATORIUM ON ELIMINATION OF POOLING OF INTERESTS METHOD OF \n ACCOUNTING.\n\n (a) Continued Validity of Method.--Notwithstanding any other \nprovision of law, for purposes of any financial statement, report, or \nother document required under any of the securities laws, the \navailability and use of the pooling of interests method of accounting \nfor any business combination shall be determined in accordance with \ngenerally accepted accounting principles as in effect on October 1, \n2000 .\n (b) Duration of Moratorium.--This section shall take effect upon \nthe date of the enactment of this Act and shall remain in effect until \n90 days after the date of the submission of the report required by \nsection 4(e).\n\nSEC. 4. FURTHER STUDY.\n\n (a) Establishment.--There is established a commission to be known \nas the Commission on Financial Accounting for Intangibles (referred to \nin this section as the ``Commission'').\n (b) Duties.--The Commission shall--\n (1) consider the general usefulness of financial statements \n prepared under generally accepted accounting principles in \n light of recent trends in the securities markets;\n (2) consider the impact that shortcomings in generally \n accepted accounting principles have on securities market \n volatility, capital allocation, and the investment of \n retirement fund assets, both individual and institutional;\n (3) consider methods to better identify, value, and account \n for purchased and internally generated intangible assets;\n (4) examine the general questions surrounding the role of \n intangible assets in financial reporting in the economy; and\n (5) consider the economic impact that would result if the \n pooling of interests method of accounting for business \n combinations were eliminated.\n (c) Membership.--\n (1) Number and appointment.--\n (A) The Commission shall be composed of 10 \n individuals, of which--\n (i) 3 shall be appointed by the majority \n leader of the Senate;\n (ii) 2 shall be appointed by the minority \n leader of the Senate;\n (iii) 3 shall be appointed by the Speaker \n of the House of Representatives; and\n (iv) 2 shall be appointed by the minority \n leader of the House of Representatives.\n (B) From the 10 commissioners appointed, a chairman \n shall be selected jointly by the majority leader of the \n Senate and the Speaker of the House of Representatives.\n (2) Qualifications for membership.--\n (A) Of the members appointed under paragraph \n (1)(A), 4 shall come from the accounting profession.\n (B) The remainder of such members shall be experts \n capable of carrying out the duties described in this \n section.\n (3) Deadline for appointment.--All members of the \n Commission shall be appointed by no later than December 31, \n 2000.\n (4) Terms of appointment.--The term of an appointment to \n the Commission shall be for the life of the Commission.\n (5) Vacancy.--\n (A) A vacancy on the Commission shall be filled, \n not more than 30 days after notice of the vacancy is \n given to the Commission, in the same manner in which \n the original members were selected.\n (B) A vacancy shall not affect the power of the \n remaining members to execute the duties of the \n Commission.\n (d) Procedure.--\n (1) Meetings.--The Commission shall meet at the call of its \n chairman or a majority of its members.\n (2) Quorum.--A quorum shall consist of 7 members of the \n Commission.\n (e) Report.--Not later than 9 months after the date of the \nenactment of this Act, the Commission shall submit a report to the \nPresident and Congress which shall contain a detailed statement of the \nCommission's recommendations, findings, and conclusions, and may \ncontain minority or individual member's views.\n (f) Termination.--The Commission shall terminate not more than 30 \ndays after the date of submission of the report required in subsection \n(e).\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act:\n (1) Pooling of interests.--The term ``pooling of \n interests'' refers to the method of accounting for business \n combinations described in the Federal Accounting Standards \n Board's APB Opinion Number 16, Business Combinations, as in \n effect on October 1, 2000.\n (2) Securities laws.--The term ``securities laws'' has the \n meaning given such term in section 3(a)(47) of the Securities \n Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).","summary":"States that the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles in effect on October 1, 2000. Establishes the Commission on Financial Accounting for Intangibles to consider specified aspects of: (1) generally accepted accounting principles, (2) intangible assets. And (3) the pooling of interests method of accounting for business combinations. Instructs the Commission to report its recommendations and conclusions to the President and Congress.","title":"Financial Accounting for Intangibles Reexamination (FAIR) Act","text_len":5720,"sum_len":577} {"bill_id":"106_hr1908","text":"SECTION 1. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN \n COUNTRIES.\n\n (a) Brazil.--The Secretary of the Navy is authorized to transfer to \nthe Government of Brazil the ``THOMASTON'' class dock landing ships \nALAMO (LSD 33) and HERMITAGE (LSD 34), and the ``GARCIA'' class \nfrigates BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048), and \nALBERT DAVID (FF 1050). Such transfers shall be on a grant basis under \nsection 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).\n (b) Dominican Republic.--The Secretary of the Navy is authorized to \ntransfer to the Government of the Dominican Republic the medium \nauxiliary floating dry dock AFDM 2. Such transfer shall be on a grant \nbasis under section 516 of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2321j).\n (c) Ecuador.--The Secretary of the Navy is authorized to transfer \nto the Government of Ecuador the ``OAK RIDGE'' class medium auxiliary \nrepair dry dock ALAMOGORDO (ARDM 2). Such transfer shall be on a sales \nbasis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).\n (d) Egypt.--The Secretary of the Navy is authorized to transfer to \nthe Government of Egypt the ``NEWPORT'' class tank landing ships \nBARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). Such transfers shall \nbe on a sales basis under section 21 of the Arms Export Control Act (22 \nU.S.C. 2761).\n (e) Greece.--(1) The Secretary of the Navy is authorized to \ntransfer to the Government of Greece the ``KNOX'' class frigate CONNOLE \n(FF 1056). Such transfer shall be on a grant basis under section 516 of \nthe Foreign Assistance Act of 1961 (22 U.S.C. 2321j).\n (2) The Secretary of the Navy is authorized to transfer to the \nGovernment of Greece the medium auxiliary floating dry dock COMPETENT \n(AFDM 6). Such transfer shall be on a sales basis under section 21 of \nthe Arms Export Control Act (22 U.S.C. 2761).\n (f) Mexico.--The Secretary of the Navy is authorized to transfer to \nthe Government of Mexico the ``NEWPORT'' class tank landing ship \nNEWPORT (LST 1179) and the ``KNOX'' class frigate WHIPPLE (FF 1062). \nSuch transfers shall be on a sales basis under section 21 of the Arms \nExport Control Act (22 U.S.C. 2761).\n (g) Poland.--The Secretary of the Navy is authorized to transfer to \nthe Government of Poland the ``OLIVER HAZARD PERRY'' class guided \nmissile frigate CLARK (FFG 11). Such transfer shall be on a grant basis \nunder section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. \n2321j).\n (h) Taiwan.--The Secretary of the Navy is authorized to transfer to \nthe Taipei Economic and Cultural Representative Office in the United \nStates (which is the Taiwan instrumentality designated pursuant to \nsection 10(a) of the Taiwan Relations Act) the ``NEWPORT'' class tank \nlanding ship SCHENECTADY (LST 1185). Such transfer shall be on a sales \nbasis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).\n (i) Thailand.--The Secretary of the Navy is authorized to transfer \nto the Government of Thailand the ``KNOX'' class frigate TRUETT (FF \n1095). Such transfer shall be on a grant basis under section 516 of the \nForeign Assistance Act of 1961 (22 U.S.C. 2321j).\n (j) Turkey.--The Secretary of the Navy is authorized to transfer to \nthe Government of Turkey the ``OLIVER HAZARD PERRY'' class guided \nmissile frigates FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such \ntransfers shall be on a sales basis under section 21 of the Arms Export \nControl Act (22 U.S.C. 2761).\n\nSEC. 2. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF \n TRANSFERRED EXCESS DEFENSE ARTICLES.\n\n The value of a vessel transferred to another country on a grant \nbasis under section 516 of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2321j) pursuant to authority provided by section 1 of this Act \nshall not be counted for the purposes of section 516(g) of the Foreign \nAssistance Act of 1961 in the aggregate value of excess defense \narticles transferred to countries under that section in any fiscal \nyear.\n\nSEC. 3. COSTS OF TRANSFERS.\n\n Any expense incurred by the United States in connection with a \ntransfer of a vessel authorized by section 1 of this Act shall be \ncharged to the recipient.\n\nSEC. 4. EXPIRATION OF AUTHORITY.\n\n The authority to transfer vessels under section 1 of this Act shall \nexpire at the end of the 2-year period beginning on the date of the \nenactment of this Act.\n\nSEC. 5. REPAIR AND REFURBISHMENT OF VESSELS IN UNITED STATES SHIPYARDS.\n\n The Secretary of the Navy shall require, to the maximum extent \npossible, as a condition of a transfer of a vessel under this Act, that \nthe country to which the vessel is transferred have such repair or \nrefurbishment of the vessel as is needed, before the vessel joins the \nnaval forces of that country, performed at a shipyard located in the \nUnited States, including a United States Navy shipyard.\n\nSEC. 6. SENSE OF CONGRESS RELATING TO TRANSFER OF NAVAL VESSELS AND \n AIRCRAFT TO THE GOVERNMENT OF THE PHILIPPINES.\n\n (a) Sense of Congress.--It is the sense of the Congress that--\n (1) the President should transfer to the Government of the \n Philippines, on a grant basis under section 516 of the Foreign \n Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense \n articles described in subsection (b); and\n (2) the United States should not oppose the transfer of F-5 \n aircraft by a third country to the Government of the \n Philippines.\n (b) Excess Defense Articles.--The excess defense articles described \nin this subsection are the following:\n (1) UH-1 helicopters, A-4 aircraft, and the ``POINT'' class \n Coast Guard cutter POINT EVANS.\n (2) Amphibious landing craft, naval patrol vessels \n (including patrol vessels of the Coast Guard), and other naval \n vessels (such as frigates), if such vessels are available.","summary":"Authorizes the Secretary of the Navy to transfer certain naval vessels to: (1) Brazil, (2) the Dominican Republic, (3) Ecuador, (4) Egypt, (5) Greece, (6) Mexico, (7) Poland, (8) Taiwan, (9) Thailand. And (10) Turkey. Declares that the value of such transferred vessels shall not be counted for the limitation on the aggregate value of excess defense articles that can be transferred to such a country in any fiscal year. Directs the Secretary, to the maximum extent possible, to require recipient countries, as a condition of transfer, to have such vessels repaired or refurbished at US shipyards, including a US Navy shipyard. Expresses the sense of Congress that: (1) the President should transfer on a grant basis certain excess aircraft and naval vessels to the Government of the Philippines. And (2) the United States should not oppose the transfer of F-5 aircraft by a third country to such Government.","title":"To authorize the transfer of naval vessels to certain foreign countries.","text_len":5968,"sum_len":909} {"bill_id":"107_hr4649","text":"SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.\n\n (a) Adjustment of Status.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act, the status of any alien \n described in paragraph (2) shall be adjusted by the Attorney \n General to that of an alien lawfully admitted for permanent \n residence, if the alien--\n (A) applies for such adjustment before April 1, \n 2005; and\n (B) is otherwise eligible to receive an immigrant \n visa and is otherwise admissible to the United States \n for permanent residence, except in determining such \n admissibility the grounds for inadmissibility specified \n in paragraphs (4), (5), (6)(A), and (7)(A) of section \n 212(a) of the Immigration and Nationality Act shall not \n apply.\n (2) Relationship of application to certain orders.--An \n alien present in the United States who has been ordered \n excluded, deported, removed, or ordered to depart voluntarily, \n from the United States under any provision of the Immigration \n and Nationality Act may, notwithstanding such order, apply for \n adjustment of status under paragraph (1). Such an alien may not \n be required, as a condition on submitting or granting such \n application, to file a motion to reopen, reconsider, or vacate \n such order. If the Attorney General grants the application, the \n Attorney General shall cancel the order. If the Attorney \n General renders a final administrative decision to deny the \n application, the order shall be effective and enforceable to \n the same extent as if the application had not been made.\n (b) Aliens Eligible for Adjustment of Status.--The benefits \nprovided by subsection (a) shall apply to any alien who is a national \nof Haiti--\n (1) who was physically present in the United States on \n December 1, 1995; and\n (2) has been physically present in the United States for at \n least 1 year and is physically present in the United States on \n the date the application for adjustment of status under this \n subsection is filed, except an alien shall not be considered to \n have failed to maintain continuous physical presence by reason \n of an absence, or absences, from the United States for any \n periods in the aggregate not exceeding 180 days.\n (c) Stay of Removal.--\n (1) In general.--The Attorney General shall provide by \n regulation for an alien subject to a final order of \n deportation, removal, or exclusion to seek a stay of such order \n based on the filing of an application under subsection (a).\n (2) During certain proceedings.--Notwithstanding any \n provision of the Immigration and Nationality Act, the Attorney \n General shall not order any alien to be removed from the United \n States, if the alien is in exclusion, deportation, or removal \n proceedings under any provision of such Act and raises as a \n defense to such an order the eligibility of the alien to apply \n for adjustment of status under subsection (a), except where the \n Attorney General has rendered a final administrative \n determination to deny the application.\n (3) Work authorization.--The Attorney General may authorize \n an alien who has applied for adjustment of status under \n subsection (a) to engage in employment in the United States \n during the pendency of such application and may provide the \n alien with an ``employment authorized'' endorsement or other \n appropriate document signifying authorization of employment, \n except that if such application is pending for a period \n exceeding 180 days, and has not been denied, the Attorney \n General shall authorize such employment.\n (d) Adjustment of Status for Spouses and Children.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act, the status of an alien shall \n be adjusted by the Attorney General to that of an alien \n lawfully admitted for permanent residence, if--\n (A) the alien is the spouse, child, or unmarried \n son or daughter, of an alien whose status is adjusted \n to that of an alien lawfully admitted for permanent \n residence under subsection (a), except that in the case \n of such an unmarried son or daughter, the son or \n daughter shall be required to establish that they have \n been physically present in the United States for at \n least 1 year;\n (B) the alien applies for such adjustment and is \n physically present in the United States on the date the \n application is filed; and\n (C) the alien is otherwise eligible to receive an \n immigrant visa and is otherwise admissible to the \n United States for permanent residence, except in \n determining such admissibility the grounds for \n exclusion specified in paragraphs (4), (5), (6)(A), and \n (7)(A) of section 212(a) of the Immigration and \n Nationality Act shall not apply.\n (2) Proof of continuous presence.--For purposes of \n establishing the period of continuous physical presence \n referred to in paragraph (1)(B), an alien shall not be \n considered to have failed to maintain continuous physical \n presence by reason of an absence, or absences, from the United \n States for any periods in the aggregate not exceeding 180 days.\n (e) Availability of Administrative Review.--The Attorney General \nshall provide to applicants for adjustment of status under subsection \n(a) the same right to, and procedures for, administrative review as are \nprovided to--\n (1) applicants for adjustment of status under section 245 \n of the Immigration and Nationality Act; or\n (2) aliens subject to removal proceedings under section 240 \n of such Act.\n (f) Limitation on Judicial Review.--A determination by the Attorney \nGeneral as to whether the status of any alien should be adjusted under \nthis subsection is final and shall not be subject to review by any \ncourt.\n (g) No Offset in Number of Visas Available.--When an alien is \ngranted the status of having been lawfully admitted for permanent \nresidence pursuant to this section, the Secretary of State shall not be \nrequired to reduce the number of immigrant visas authorized to be \nissued under any provision of the Immigration and Nationality Act.\n (h) Application of Immigration and Nationality Act Provisions.--\nExcept as otherwise specifically provided in this section, the \ndefinitions contained in the Immigration and Nationality Act shall \napply in the administration of this section. Nothing contained in this \nsection shall be held to repeal, amend, alter, modify, effect, or \nrestrict the powers, duties, functions, or authority of the Attorney \nGeneral in the administration and enforcement of such Act or any other \nlaw relating to immigration, nationality, or naturalization. The fact \nthat an alien may be eligible to be granted the status of having been \nlawfully admitted for permanent residence under this section shall not \npreclude the alien from seeking such status under any other provision \nof law for which the alien may be eligible.","summary":"Provides for the adjustment to permanent resident status of certain Haitian nationals .","title":"To adjust the immigration status of certain Haitian nationals.","text_len":7777,"sum_len":87} {"bill_id":"109_s4086","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Maternal Motor Vehicle Crash Safety \nAct of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the National Highway Traffic Safety \n Administration.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Appropriations and Committee on Commerce, Science, and \n Transportation of the Senate and the Committee on \n Appropriations and the Committee on Energy and Commerce of the \n House of Representatives.\n (3) Biofidelic.--The term ``biofidelic'' means having the \n property of responding to and being impacted by crash and other \n external forces in a manner directly consistent with the way in \n which a live human being would respond to and be impacted by \n such forces.\n (4) Data linkage system.--The term ``data linkage system'' \n means an information system that is capable of accurately \n tracking adverse health effects and birth outcomes for pregnant \n women who are occupants of a motor vehicle that is involved in \n a crash and the unborn children of such women, through the \n connection and analysis of multiple data sources.\n (5) Unborn child.--The term ``unborn child'' means a member \n of the species homo sapiens, at any stage of development, who \n is carried in the womb.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) Injuries are the leading cause of pregnancy-associated \n deaths in the United States.\n (2) Motor vehicle crashes are the leading cause of injury \n deaths in women of reproductive age and the leading cause of \n injury hospitalizations among pregnant women.\n (3) Studies have indicated that motor vehicles are \n estimated to account for up to 80 percent of injury related \n deaths among unborn children.\n (4) Transportation Research Board publications indicate \n that deaths among unborn children due to motor vehicle crashes \n are more frequent than several notable fatal childhood \n injuries, including bicycle related deaths in children aged 0 \n through 15, firearm related deaths in children aged 0 through \n 9, and motor vehicle crash related deaths in children aged 0 \n through 1.\n (5) Studies suggest that approximately 3 percent of all \n babies born in the United States are involved in a motor \n vehicle crash while in utero.\n (6) Studies have shown that elevated risks of birth-related \n threats and obstetric complications following crashes involving \n pregnant women include--\n (A) premature childbirth;\n (B) low birth weight;\n (C) placental injury;\n (D) uterine rupture; and\n (E) amniotic rupture.\n (7) Despite advances in vehicle safety, pregnant women have \n not received the special attention and consideration needed to \n understand, reduce, and prevent the risks of adverse pregnancy \n outcomes related to crashes.\n (8) There is a need for more research and application using \n anthropometric test devices and computerized modeling systems \n that represent pregnant women during all stages of pregnancy.\n (9) During pregnancy, the risks of traumatic injury to a \n woman is shared by the woman's unborn child. Assessing the \n magnitude and characteristics of those risks through data \n linkage systems, comparing the risks to other injuries and \n diseases, and reducing them, are important unmet challenges for \n improving maternal and child health.\n (10) A better understanding is needed about what can happen \n during, and after, a pregnant woman is involved in a motor \n vehicle crash. This includes the effects of a crash on the \n mother, the unborn child, and the delicate physiological \n balance between the mother and child that separates healthy \n from unhealthy pregnancies, including the effects of maternal \n physiologic adaptations to trauma, fluid loss and shock, \n effects from maternal stress, effects from diagnostic regimens, \n medical or surgical procedures, or the wide variety of \n prescription medicines, and other medication taken by the \n mother.\n (11) Despite the importance of the health of mothers and \n unborn children involved in motor vehicle crashes, agencies and \n data linkage systems responsible for tracking motor vehicle \n injuries, deaths, and other measures of adverse outcome rarely \n capture pregnancy status.\n (12) Existing data collection and analysis systems \n generally do not count unborn children involved in motor \n vehicle crashes and do not follow them after their birth to \n ascertain the effects of the crash on long-term neuro-\n developmental and functional outcomes.\n\nSEC. 4. SENSE OF CONGRESS ON IMPROVEMENTS TO THE NATIONAL AUTOMOTIVE \n SAMPLING SYSTEM CRASHWORTHINESS DATA SYSTEM.\n\n It is the sense of Congress that the Administrator--\n (1) should continue to include in the National Automotive \n Sampling System Crashworthiness Data System maintained by the \n Administrator data related to motor vehicle crashes that \n involved a pregnant women; and\n (2) should identify other means to advance the current \n level of understanding regarding the number, nature, and impact \n of motor vehicle crashes involving pregnant women and their \n unborn children through data collection, data linkage systems, \n and analysis systems.\n\nSEC. 5. GRANTS FOR DATA LINKAGE SYSTEMS PROGRAMS.\n\n (a) In General.--The Administrator shall, in consultation with \nappropriate officials of State agencies or public health organizations, \ncarry out a program to provide grants and other incentives, including \ntechnical assistance to eligible entities for the purpose described in \nsubsection (b).\n (b) Purpose.--A grant or other incentive provided under this \nsection shall be used to promote the development of data linkage \nsystems described in subsection (e).\n (c) Eligible Entity.--In this section, the term ``eligible entity'' \nmeans an academic, public health, or transportation safety organization \nor a State or local government agency that the Administrator determines \nis appropriate to receive a grant or incentive under this section.\n (d) Application and Award Process.--\n (1) Applications.--Each eligible entity seeking a grant \n under this section shall submit an application to the \n Administrator at such time and in such manner as the \n Administrator may require.\n (2) Awards.--Not later than 180 days after the date of the \n enactment of this Act, the Administrator shall establish--\n (A) the criteria for awarding a grant or incentive \n under this section; and\n (B) a competitive, merit-based process to select \n applications to receive a grant or incentive under this \n section.\n (3) Publication.--Not later than 180 days after the date of \n the enactment of this Act, the Administrator shall publish in \n the Federal Register the criteria and process described in \n paragraph (2).\n (e) Program Structure.--The data linkage systems eligible to \nreceive assistance under this section are systems that use the \nfollowing sources:\n (1) State and local vital statistics databases, including \n birth, infant, and death records.\n (2) State and local crash and driver's license records.\n (3) Other computerized health records as available, \n including emergency medical services reports and hospital and \n emergency room admission and discharge records.\n (f) Existing Data Systems.--To the maximum extent possible, the \nAdministrator shall integrate the grant and incentive program carried \nout under this section with the existing State specific Crash Outcome \nData Evaluation Systems carried out by the Administrator to utilize the \ncapabilities, linkage expertise, and organizational relationships of \nsuch Systems to provide a foundation for improving the tracking of \nadverse health effects and birth outcomes for pregnant women who are \noccupants of a motor vehicle at the time of a crash and their unborn \nchildren.\n (g) Data Security and Privacy.--In carrying out this section, the \nAdministrator and any eligible entity selected to receive a grant or \nincentive under this section for a data linkage system shall ensure \nthat personal identifiers and other information utilized in that data \nlinkage system related to a specific individual is handled in a manner \nconsistent with all applicable Federal, State, and local laws and \nregulations and to ensure the confidentiality of such information, and \nin the manner necessary to prevent the theft, manipulation, or other \nunlawful or unauthorized use of personal information contained in data \nsources used for linkage studies.\n (h) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated \n $2,500,000 for each of the fiscal years 2007, 2008, 2009, and \n 2010 to carry out this section.\n (2) Availability of funds.--Funds appropriated pursuant to \n the authorization of appropriations in paragraph (1) shall \n remain available until expended.\n\nSEC. 6. SAFETY RESEARCH PROGRAM AND NATIONAL CONFERENCE.\n\n (a) Safety Research Program.--\n (1) Requirement to conduct.--The Administrator shall \n conduct a research program as described in this section to \n promote the health and safety of pregnant women who are \n involved in motor vehicle crashes and of their unborn children.\n (2) High priority research areas.--In carrying out the \n research program under this section, the Administrator shall \n place a high priority on conducting research to--\n (A) investigate methods to maximize the injury \n prevention performance of standard 3-point safety belts \n for pregnant women during all stages of pregnancy;\n (B) analyze the effectiveness of technologies \n designed to modify or extend the safety performance of \n 3-point safety belts for pregnant women across a range \n of pregnancy phases, including technologies currently \n available in the marketplace;\n (C) develop biofidelic, anthropometric test devices \n that are representative of pregnant women during all \n stages of pregnancy; and\n (D) develop biofidelic, computer models that are \n representative of pregnant women during all stages of \n pregnancy to aid in understanding crash forces relevant \n to the safety of pregnant women and unborn children \n that may include the utilization of existing modeling \n systems developed by private and academic institutions, \n if appropriate.\n (b) National Conference.--\n (1) Requirement to convene.--Not later than 18 months after \n the date of the enactment of this Act, the Administrator, in \n consultation with the heads of other appropriate Federal \n agencies, shall convene a national research conference for the \n purpose of identifying critical scientific issues for research \n on the safety of pregnant women involved in motor vehicle \n crashes and their unborn children.\n (2) Purpose of the conference.--The purpose of the \n conference required by paragraph (1) shall be to establish and \n prioritize a list of research questions to guide future \n research related to the safety of pregnant women involved in \n motor vehicle crashes and their unborn children.\n (3) Authority to partner with other organizations.--The \n Administrator is authorized to carry out the conference \n required by paragraph (1) in a partnership with organizations \n recognized for expertise related to the research described in \n paragraph (2).\n (c) Report Required.--Not later than 2 years after the date of the \nenactment of this Act, the Administrator shall submit to the \nappropriate congressional committees a report that describes--\n (1) the research program carried out by the Administration \n pursuant to subsection (a), including any findings or \n conclusions associated with such research program; and\n (2) the priorities established at the national conference \n required by subsection (b), plans for regulations or future \n programs, or factors limiting the effectiveness of such \n research.\n (d) Authorization of Appropriations.--\n (1) In general.--For each of the fiscal years 2007, 2008, \n and 2009, there are authorized to be appropriated such sums as \n necessary to carry out this section.\n (2) Availability of funds.--Funds appropriated pursuant to \n the authorization of appropriations in paragraph (1) shall \n remain available until expended.\n\nSEC. 7. PUBLIC OUTREACH AND EDUCATION.\n\n (a) In General.--The Administrator shall conduct a public outreach \nand education program to increase awareness of the unique safety risks \nassociated with motor vehicle crashes for pregnant women and the unborn \nchildren of such women and of the methods available to reduce such \nrisks. Such program shall include making information regarding the \ninjury-prevention value of proper safety belt and airbag use available \nto the public.\n (b) Targeted Outreach.--The Administrator shall carry out the \nprogram described in subsection (a) in a manner that utilizes media and \norganizational partners to effectively educate pregnant women, ensure \nan overall educational impact, and efficiently utilize the program's \nresources.\n (c) Program Initiation and Duration.--The Administrator shall \ninitiate the program described in subsection (a) not later than 12 \nmonths after the date of the enactment of this Act, and shall maintain \nsuch program for not less than 24 months, subject to the availability \nof funds.\n\nSEC. 8. INCLUSION OF SAFETY DATA IN ANNUAL ASSESSMENT.\n\n (a) In General.--Subject to subsection (b), the Administrator shall \ninclude a discussion of data regarding the safety of pregnant women who \nare involved in motor vehicle crashes and of their unborn children, \nincluding any relevant trends in such data, in each of the Annual \nAssessment of Motor Vehicle Crashes published by the National Center \nfor Statistics and Analysis of the National Highway Traffic Safety \nAdministration or an equivalent publication of such Center.\n (b) Report to Congress.--If the Administrator determines that \nincluding the information described in subsection (a) in the Annual \nAssessment of Motor Vehicle Crashes or an equivalent publication is not \nfeasible, the Administrator shall submit a report to the appropriate \ncongressional committees not later than 60 days after the date of the \nrelease of such Annual Assessment or equivalent publication that states \nthe reasons that it was not feasible to include such information and an \nanalysis of the steps necessary to make such information available in \nthe future.","summary":"Maternal Motor Vehicle Crash Safety Act of 2006 - Expresses the sense of Congress with respect to the National Automotive Sampling System Crashworthiness Data System. Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to: (1) provide grants and other incentives to eligible entities to promote the development of data linkage systems that improve the tracking of adverse health effects and birth outcomes for pregnant women involved in motor vehicle crashes. (2) conduct a research program to promote the health and safety of such women and their unborn children. And (3) conduct a public outreach and education program to increase awareness of safety risks associated with motor vehicle crashes for such women and children and methods to reduce such risks. Directs the Administrator to include data regarding the safety of pregnant women and their unborn children who are involved in motor vehicle crashes in the NHTSA's Annual Assessment of Motor Vehicle Crashes.","title":"A bill to improve data collection efforts with respect to the safety of pregnant women and unborn children in motor vehicle crashes, provide for research and development of appropriate countermeasures, educate the public regarding motor vehicle safety risks affecting pregnant women and unborn children, and for other purposes.","text_len":16011,"sum_len":1002} {"bill_id":"103_s802","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) The Congress has previously directed the Secretary of \n Defense to seek to enter into multiyear burden sharing support \n agreements with economically strong North Atlantic Treaty \n Organization (NATO) allies of the United States in order to \n obtain increased host nation contributions toward defraying the \n overseas basing costs for forces of the Armed Forces of the \n United States in that host country.\n (2) In fiscal year 1992--\n (A) the government of Germany contributed \n approximately 23 percent of the overseas basing costs \n for United States forces in that country;\n (B) the government of Italy contributed \n approximately 20 percent of the overseas basing costs \n for United States forces in that country;\n (C) the government of the United Kingdom \n contributed approximately 14 percent of the overseas \n basing costs for United States forces in that country; \n and\n (D) the United States paid the remainder of such \n costs.\n (3) The Japanese government will pay 75.1 percent of \n overseas basing costs according to the host nation burden \n sharing support agreement between the United States and Japan.\n (4) In accordance with that agreement, the government of \n Japan contributed in fiscal year 1992 approximately 70 percent \n of the overseas basing costs for United States forces in that \n country, and the United States paid the remainder of such \n costs.\n (5) If the economically strong NATO allies of the United \n States had contributed 75 percent of the overseas basing costs \n that were incurred for fiscal year 1992 for United States \n forces in the countries of such allies, the United States would \n have saved an estimated $5,000,000,000 of the amount paid by \n the United States for overseas basing costs for that fiscal \n year.\n (6) It is in the national interest of the United States for \n the United States and our economically strong allies to enter \n into burden sharing support agreements that provide for such \n allies to defray most or all of the overseas basing costs for \n the United States forces stationed in the allied countries.\n\nSEC. 2. INCREASED BURDEN SHARING BY ALLIES OF THE UNITED STATES.\n\n (a) Defense Cost-Sharing Agreements.--The President shall enter \ninto negotiations with each foreign nation described in subsection \n(b)(1) to seek to conclude an agreement that provides for such nation \nto pay at least 75 percent of the overseas basing costs that are \nincurred for the stationing of members of the Armed Forces of the \nUnited States and related civilian employees of the Department of \nDefense in that nation as a result of the implementation of a bilateral \nor multilateral defense agreement with that nation.\n (b) Covered Foreign Nations.--\n (1) In general.--Except as provided in paragraph (2), the \n foreign nations referred to in subsection (a) are the \n following:\n (A) Each member nation of the North Atlantic Treaty \n Organization (other than the United States).\n (B) Every other foreign nation with which the \n United States has a bilateral or multilateral defense \n agreement that provides for the assignment of combat \n units of the Armed Forces of the United States to \n permanent duty ashore in that nation or the placement \n of combat equipment of the United States in that \n nation.\n (2) Inapplicability to certain foreign nations.--The \n foreign nations referred to in subsection (a) do not include \n any foreign nation that receives assistance or financing \n under--\n (A) section 23 of the Arms Export Control Act (22 \n U.S.C. 2673), relating to the foreign military \n financing program; or\n (B) the provisions of chapter 4 of part II of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2346 et \n seq.).\n\nSEC. 3. USE OF FUNDS FOR PAYING OVERSEAS BASING COSTS.\n\n (a) Limitation.--Funds may not be expended to pay more than the \nallowable percent of the overseas basing costs that are incurred during \na fiscal year referred to in subsection (b) for the stationing of \nmembers of the Armed Forces of the United States and related civilian \nemployees of the Department of Defense in a nation referred to in \nsection 2(a) as a result of the implementation of a bilateral or \nmultilateral defense agreement with that nation.\n (b) Maximum Allowable Percent.--For purposes of subsection (a), the \nallowable percent for a fiscal year is as follows:\n (1) Fiscal year 1994.--For fiscal year 1994, 60 percent.\n (2) Fiscal year 1995.--For fiscal year 1995, 40 percent.\n (3) Fiscal years after fiscal year 1995.--For each fiscal \n year that begins after September 30, 1995, 25 percent.\n\nSEC. 4. WAIVER AUTHORITY.\n\n If the President determines that it is necessary to do so in the \nnational security interest of the United States, the President may \nwaive, with respect to a foreign nation referred to in section 2(a), \nthe limitation in section 3. In the case of each such waiver, the \nPresident shall submit to Congress a written certification of the \ndetermination and a description of the extent of the waiver.\n\nSEC. 5. REPORTING REQUIREMENT.\n\n Not later than September 30, 1993, the President shall submit to \nthe Congress a plan and schedule for concluding with foreign nations \nreferred to in section 2(a) agreements that provide for each such \nnation to pay 75 percent of the overseas basing costs that are incurred \nfor the stationing of members of the Armed Forces of the United States \nand related civilian employees of the Department of Defense in that \nnation as a result of the implementation of a bilateral or multilateral \ndefense agreement with that nation.\n\nSEC. 6. OVERSEAS BASING COSTS DEFINED.\n\n In this Act, the term ``overseas basing costs'' means all costs \nrelated to the operation of installations in foreign countries at which \nforces of the Armed Forces of the United States are based and--\n (1) includes but are not limited to--\n (A) pay for foreign nationals;\n (B) costs of utilities;\n (C) costs of local services;\n (D) costs of military construction projects;\n (E) costs of real property maintenance;\n (F) costs of environmental restoration;\n (G) leasing costs;\n (H) taxes;\n (I) user fees;\n (J) tolls; and\n (K) import duties; and\n (2) does not include the pay and allowances of members of \n the Armed Forces of the United States and civilian employees of \n the Department of Defense.","summary":"Directs the President to enter into negotiations to conclude agreements that require the following countries to pay at least 75 percent of the overseas basing costs incurred for stationing of US armed forces and related civilian employees: (1) member nations of the North Atlantic Treaty Organization (NATO). And (2) foreign nations with which the United States has defense agreements providing for the assignment of US armed forces or combat equipment in such nations. Makes this Act inapplicable to foreign nations that receive assistance under the foreign military financing program or other military assistance pursuant to the Foreign Assistance Act of 1961. Phases in limitations on Federal funding for overseas basing costs, setting a maximum payment of 25 percent of such costs for fiscal years after 1995. Authorizes the President to waive the requirements of this Act pursuant to national security interests.","title":"A bill to require the President to seek to obtain host nation payment of most or all of the overseas basing costs for forces of the Armed Forces of the United States in such nation, to limit the use of funds for paying overseas basing costs for United States forces, and for other purposes.","text_len":7365,"sum_len":917} {"bill_id":"111_hr1701","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``PTSD\/TBI Guaranteed Review For \nHeroes Act''.\n\nSEC. 2. SPECIAL REVIEW BOARD.\n\n (a) In General.--Chapter 79 of title 10, United States Code, is \namended by inserting after section 1553 the following new section:\n``Sec. 1553a. Special review board for former members with post-\n traumatic stress disorder or traumatic brain injury\n ``(a) Establishment.--(1) The Secretary of Defense shall establish \nwithin the Office of the Secretary of Defense a board of review to \nreview the discharge or dismissal (other than a discharge or dismissal \nby sentence of a general court-martial) of a covered individual. The \nboard shall be known as the `special review board'.\n ``(2) The special review board shall consist of not fewer than five \nmembers, at least one of whom shall be a health care professional from \na field of medicine relevant to the matter being reviewed.\n ``(b) Review.--(1) Upon the request of a covered individual, Member \nof Congress, or the surviving spouse, next of kin, or legal \nrepresentative of a covered individual, the special review board may \nreview the discharge or dismissal of the individual. A request for \nreview shall be made not later than 15 years after the discharge or \ndismissal.\n ``(2) The review by the special review board under paragraph (1) \nshall be based on--\n ``(A) the records of the Armed Force concerned, including \n an evaluation of the actions of the covered individual before \n and after a deployment in support of a contingency operation;\n ``(B) the treatment or lack of treatment received by the \n covered individual for post-traumatic stress disorder or \n traumatic brain injury; and\n ``(C) such other evidence as may be presented to the board.\n ``(3) A covered individual who requests a review under this section \nmay appear before the board in person or by counsel or an accredited \nrepresentative of an organization recognized by the Secretary of \nVeterans Affairs under chapter 59 of title 38.\n ``(4) If the special review board reviews the discharge or \ndismissal of a covered individual, a service review agency may not \nreview such discharge or dismissal.\n ``(5) If a Member of Congress requests the review of a covered \nindividual under paragraph (1) and the special review board denies such \nrequest or does not change the discharge or dismissal of such \nindividual under subsection (c), the special review board shall notify \nsuch Member of Congress of the decision and the rationale for such \ndecision.\n ``(c) Actions.--As the result of a review of a covered individual \nunder subsection (b), the special review board may change the discharge \nor dismissal of the individual to honorable.\n ``(d) Correction of Records.--The Secretary concerned shall correct \nthe military records of a covered individual in accordance with a \nchange made by the special review board under subsection (c).\n ``(e) Regulations.--(1) This section shall be carried out in \naccordance with regulations prescribed by the Secretary of Defense.\n ``(2) The regulations under paragraph (1) shall specify reasonable \ndeadlines for the performance of reviews required by this section.\n ``(f) Definitions.--In this section:\n ``(1) The term `covered individual' means a former member \n of the Armed Forces who--\n ``(A) was deployed in support of a contingency \n operation;\n ``(B) was discharged or dismissed from the Armed \n Forces under a general or other than honorable \n condition; and\n ``(C) has been diagnosed by a health care \n professional with post-traumatic stress disorder or a \n traumatic brain injury.\n ``(2) The term `health care professional' means a \n physician, clinical psychologist, or psychiatrist.\n ``(3) The term `Member of Congress' has the meaning given \n that term in section 1130(d)(1) of this title.\n ``(4) The term `service review agency' has the meaning \n given that term in section 1559(c) of this title.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 79 of title 10, United States Code, is amended by inserting \nafter the item relating to section 1553 the following new item:\n\n``1553a. Special review board for members with post-traumatic stress \n disorder or traumatic brain injury.''.\n\nSEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC \n STRESS DISORDER OR TRAUMATIC BRAIN INJURY.\n\n (a) Referral to Physical Evaluation Board; Limits on Separation.--\nSection 1145(a)(4) of title 10, United States Code, is amended by \nadding at the end the following new subparagraph:\n ``(C) If a physician, clinical psychologist, psychiatrist, or other \nappropriate health care professional determines in an examination under \nthis paragraph that a member who was deployed in support of a \ncontingency operation has (or may have) post-traumatic stress disorder \nor a traumatic brain injury, the Secretary concerned--\n ``(1) shall refer the member for evaluation by a physical \n evaluation board under section 1222 of this title; and\n ``(2) may not separate the member from an Armed Force until \n the Secretary considers the results of the evaluation as \n provided in subsection (d) of such section.''.\n (b) Evaluation by Physical Evaluation Board.--Section 1222 of title \n10, United States Code, is amended by adding at the end the following \nnew subsection:\n ``(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic \nBrain Injury.--With respect to a member who is referred under section \n1145(a)(4)(C) of this title to a physical evaluation board for \nevaluation--\n ``(1) if the board determines that the member is unfit to \n perform the duties of the member's office, grade, rank, or \n rating because of post-traumatic stress disorder or traumatic \n brain injury, the Secretary concerned shall retire or separate \n the member pursuant to this chapter; and\n ``(2) if the board determines that the member is fit to \n perform the duties of the member's office, grade, rank, or \n rating, the Secretary concerned shall take into account the \n findings of the board in the course of any separation of the \n member from an Armed Force.''.","summary":"PTSDTBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal of a member of the Armed Forces who: (1) was deployed in support of a contingency operation. (2) was discharged or dismissed under a general or other than honorable condition. And (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal. Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change. Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board. And (2) not separate the member until after considering the results of the evaluation.","title":"To amend title 10, United States Code, to direct the Secretary of Defense to establish a special review board for certain former members of the Armed Forces with post-traumatic stress disorder or a traumatic brain injury, and for other purposes.","text_len":6584,"sum_len":1308} {"bill_id":"111_hr4340","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Main Street Survival Act''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--The Congress finds the following:\n (1) Despite the infusion of hundreds of billions of dollars \n to provide liquidity to capital markets, many qualified and \n creditworthy small and medium-sized businesses continue to face \n severely constricted credit markets.\n (2) Banks of all sizes have significantly decreased lending \n in, and in some cases withdrawn completely from, the small and \n medium-sized business credit market.\n (3) Available and affordable credit is critical for the \n survival of the small and medium-sized businesses that form the \n backbone of the economy of the United States.\n (b) Sense of the Congress on Lending to Small and Medium-sized \nBusinesses.--It is the sense of the Congress that the President, acting \nthrough the Secretary of the Treasury, should encourage financial \ninstitutions that have received Federal financial support to maintain \nhistoric levels of lending to small and medium-sized businesses.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``revolving loan fund'' means the revolving \n loan fund established under section 4(b); and\n (2) the term ``Secretary'' means the Secretary of the \n Treasury.\n\nSEC. 4. MAIN STREET REVOLVING LOAN FUND PROGRAM.\n\n (a) Establishment.--The Secretary shall establish the Main Street \nRevolving Loan Fund Program (hereinafter in this Act referred to as the \n``program'') to provide temporary loans to businesses that meet the \nsize requirement under paragraph (1) of subsection (c).\n (b) Revolving Loan Fund.--\n (1) In general.--There is established in the Treasury a \n revolving loan fund for the program.\n (2) Initial transfer.--From dividends paid by financial \n institutions that have received financial assistance provided \n under title I of the Emergency Economic Stabilization Act of \n 2008 (Public Law 110-343; 12 U.S.C. 5211 et seq.), the \n Secretary shall transfer and credit $1,000,000,000 to the \n revolving loan fund.\n (3) Expenditures.--The Secretary shall use the amounts in \n the revolving loan fund to carry out the program.\n (4) Deposits.--The Secretary shall deposit amounts received \n as payment on loans provided under the program into the \n revolving loan fund.\n (c) Eligibility.--\n (1) Size requirement.--To qualify for a loan under the \n program, a business shall have less than 1,000 full-time \n equivalent employees at the time of submission of an \n application under subsection (d).\n (2) Considerations.--The Secretary, through regulations, \n shall develop criteria to evaluate and select businesses for \n participation in the program, taking into consideration--\n (A) the likelihood that the business concerned will \n be forced to lay off employees in the absence of \n obtaining a loan under such program; and\n (B) the ability of such businesses to repay the \n loan.\n (3) Availability.--The criteria developed under paragraph \n (2) shall be made available on the official public Web site of \n the Department of the Treasury.\n (d) Application.--A business desiring a loan under the program \nshall submit an application to the Secretary at such time, in such \nmanner, and accompanied by such information as the Secretary may \nrequire.\n\nSEC. 5. TERMS.\n\n (a) Use of Funds.--A business receiving a loan under the program \nmay use the funds to finance the cost of operations, including--\n (1) purchasing and operating equipment;\n (2) paying salaries, wages, and building expenses; and\n (3) purchasing inventory or making improvements to enhance \n productivity.\n (b) Prohibited Use.--A loan provided under the program may not be \nused to significantly expand operations.\n (c) Repayment Period.--A loan provided under the program shall be \nmade for a period not to exceed 9 months.\n (d) Maximum Loan Amount.--Under the program, the Secretary may \nprovide not more than a total of $1,000,000 in loans to a particular \nbusiness in any fiscal year.\n\nSEC. 6. ADMINISTRATIVE COSTS.\n\n Not more than $1,000,000 may be used for administrative costs in \nany fiscal year to carry out the program.\n\nSEC. 7. REPORT.\n\n (a) In General.--The Secretary shall make available on the official \npublic Web site of the Department of the Treasury, and submit to \nCongress--\n (1) within 1 year after the date of enactment of this Act \n and each year thereafter in which a loan has been made under \n the program, an annual report; and\n (2) within 90 days after the end of the 9-month period \n following the issuance of the final loan under the program, a \n final report.\n (b) Details.--Each report shall provide details on loans provided \nunder the program and the effectiveness of such program in providing \nstability for, and otherwise supporting, businesses.\n\nSEC. 8. REGULATIONS.\n\n The Secretary may prescribe regulations necessary to carry out this \nAct.\n\nSEC. 9. SUNSET.\n\n An application for a loan under the program may not be accepted \nafter the date which is 3 years after the date of enactment of this \nAct.","summary":"Main Street Survival Act - Expresses the sense of Congress that the President should encourage financial institutions that have received federal financial support to maintain historic levels of lending to small and medium-sized businesses. Instructs the Secretary of the Treasury to establish a three-year Main Street Revolving Loan Fund Program to provide temporary loans to businesses with less than 1,000 full-time equivalent employees. Establishes in the Treasury a revolving loan fund to implement the Program. Permits a business to use a Main Street revolving loan to finance the cost of certain operations, but prohibits the use of it to expand its operations significantly. Limits the term of such a loan to nine months, and the maximum total amount of loans to a particular business in any fiscal year to $1 million.","title":"To require the Secretary of the Treasury to establish a revolving loan fund program for certain businesses to facilitate increased lending in the United States.","text_len":5568,"sum_len":825} {"bill_id":"109_hr2658","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Wetlands Jurisdiction Act of \n2005''.\n\nSEC. 2. STATEMENT OF PURPOSES.\n\n The purposes of this Act are--\n (1) to clarify the jurisdiction of the Federal Government \n over waters of the United States in light of the decision of \n the Supreme Court in Solid Waste Agency of Northern Cook County \n v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), so that, \n consistent with the States' traditional and primary power over \n land and water use, waters such as isolated wetlands that do \n not have a significant nexus with traditional navigable waters \n are not subject to Federal jurisdiction, but remain subject to \n regulation by the States;\n (2) to provide consistency throughout the Nation in \n determining the jurisdiction of the Federal Government over \n waters of the United States;\n (3) to consolidate in one Federal agency the administrative \n authority of the Federal Government to determine, in accordance \n with this Act, the waters of the United States subject to the \n jurisdiction of the permitting program established by section \n 404 of the Federal Water Pollution Control Act (33 U.S.C. \n 1344); and\n (4) to protect the right of States to regulate wetlands and \n other waters within their jurisdiction.\n\nSEC. 3. FEDERAL JURISDICTION.\n\n Section 404(a) of the Federal Water Pollution Control Act (33 \nU.S.C. 1344(a)) is amended--\n (1) by striking ``(a) The Secretary'' and inserting the \n following:\n ``(a) Issuance of Permits.--\n ``(1) In general.--The Secretary''; and\n (2) by adding at the end the following:\n ``(2) Jurisdiction.--\n ``(A) In general.--Waters of the United States, \n including the territorial seas, shall be subject to the \n jurisdiction of the permitting program established by \n this section if the waters are--\n ``(i) navigable;\n ``(ii) connected to navigable waters \n through a continuous, naturally occurring \n surface water connection; or\n ``(iii) wetlands adjacent to waters \n described in clause (i) or (ii).\n ``(B) Included waters.--For purposes of \n subparagraph (A)(ii) waters shall be considered to be \n connected to navigable waters by a continuous, \n naturally occurring surface water connection if the \n waters are connected by perennial or intermittent \n streams that contribute flow to navigable waters, \n including perennial or intermittent streams that have \n been restored, relocated, or channelized on the surface \n or that flow through culverts.\n ``(C) Excluded waters.--\n ``(i) In general.--For purposes of \n subparagraph (A)(ii), waters shall not be \n considered to be connected to navigable waters \n by a continuous, naturally occurring surface \n water connection if the waters are connected \n by--\n ``(I) sheet flow;\n ``(II) ephemeral waters, ground \n water, manmade ditches, or pipelines; \n or\n ``(III) a municipal separate storm \n sewer system or any other point source \n regulated under section 402, including \n a State program approved under section \n 402(b).\n ``(ii) Treatment of connecting waters.--The \n connecting waters described in clause (i) shall \n not be subject to the jurisdiction of the \n permitting program established by this section.\n ``(iii) Fastlands.--Fastlands shall not be \n subject to the jurisdiction of the permitting \n program established by this section.''.\n\nSEC. 4. STATUTORY CONSTRUCTION.\n\n Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to preclude or deny the right of any State or interstate \nagency to control the discharge of dredged or fill material in any \nportion of the wetlands or other waters within the jurisdiction of such \nState, including any activity of any Federal agency.\n\nSEC. 5. SINGLE AGENCY IMPLEMENTATION.\n\n Section 404(a) of the Federal Water Pollution Control Act (33 \nU.S.C. 1344(a)) is further amended by adding the following:\n ``(3) Authority of secretary.--Beginning on the date of \n enactment of this paragraph, the Secretary shall have sole \n administrative authority to determine, in accordance with this \n Act, the waters of the United States subject to the \n jurisdiction of the permitting program established by this \n section.''.\n\nSEC. 6. DETERMINATION OF JURISDICTION.\n\n Section 404(a) of the Federal Water Pollution Control Act (33 \nU.S.C. 1344(a)) is further amended by adding the following:\n ``(4) Request for determination.--A person who holds an \n ownership interest in property, or who has written \n authorization from such person, may submit to the Secretary a \n request identifying the property and requesting the Secretary \n to determine the presence or absence of waters of the United \n States subject to the jurisdiction of the permitting program \n established by this section. The person making the request may \n limit the request to a determination of the presence or absence \n of any of the waters described in paragraph (2)(A)(i), \n (2)(A)(ii), or (2)(A)(iii).\n ``(5) Requests for additional information.--Not later than \n 30 days after the date of receipt of a request under paragraph \n (4), the Secretary may make one request for such additional \n information as may be necessary to make the jurisdiction \n determination.\n ``(6) Determination and notification by the secretary.--Not \n later that 90 days after the date of receipt of a request under \n paragraph (4), or not later than 60 days after the date of \n receipt of additional information provided under paragraph (5), \n whichever is later, the Secretary shall--\n ``(A) make a jurisdictional determination for the \n waters described in the request; and\n ``(B) provide written notification of the \n jurisdictional determination to the person submitting \n the request, together with written documentation of the \n determination and a written basis for the \n determination.\n ``(7) Authority to seek immediate judicial review.--\n ``(A) In general.--Any person authorized under \n paragraph (4) to request a jurisdictional determination \n for property may--\n ``(i) seek judicial review of any such \n jurisdictional determination, or injunctive \n relief in the case of a failure to make a \n determination, in the United States District \n Court for the district in which the property is \n located; or\n ``(ii) proceed under the administrative \n appeals process established under this section.\n ``(B) Waters subject to review.--Judicial review, \n injunctive relief, or administrative appeal under \n subparagraph (A) may be sought for any of the waters \n described in paragraph (2)(A)(i), (2)(A)(ii), or \n (2)(A)(iii), as specified in the request made under \n paragraph (4).\n ``(C) Judicial review following administrative \n appeals.--Any person who elects to proceed under the \n administrative appeals process shall retain the right \n to seek in the United States District Court for the \n district in which the property is located judicial \n review of the final decision of the Secretary under the \n administrative appeals process.''.\n\nSEC. 7. DEFINITIONS.\n\n Section 404 of the Federal Water Pollution Control Act (33 U.S.C. \n1344) is further amended by adding at the end the following:\n ``(v) Definitions.--In this section, the following definitions \napply:\n ``(1) Adjacent wetlands.--The term `adjacent wetlands' \n means wetlands that are physically touching (abutting or \n contiguous to) a water described in subsection (a)(2)(A)(i) or \n (a)(2)(A)(ii). Wetlands separated by a riverbank from which \n river water overflows into the wetlands annually or biannually \n are adjacent wetlands for purposes of this section.\n ``(2) Culvert.--The term `culvert' means a pipe or \n structure that conveys perennial or intermittent streams from \n one side of a linear structure, such as a roadway, to the other \n side.\n ``(3) Fastlands.--The term `fastlands' means areas located \n within legally constituted manmade structures, such as levees \n and dikes, constructed and maintained to permit the utilization \n of the areas for commercial, industrial, or residential \n purposes consistent with local land use planning requirements.\n ``(4) Navigable.--The term `navigable' means a water that \n is presently used, or is susceptible to use, in its natural \n condition or by reasonable improvement as a means to transport \n interstate or foreign commerce shoreward to its ordinary \n highwater mark, including all waters that are subject to the \n ebb and flow of the tide shoreward to their mean highwater \n mark.\n ``(5) Sheet flow.--The term `sheet flow' means non-\n channelized water flowing over upland.\n ``(6) Wetlands.--The term `wetlands' means those lands that \n have a predominance of hydric soils and that are inundated or \n saturated by surface water or ground water at a frequency and \n duration to support, and that under normal circumstances do \n support, a prevalence of vegetation typically adapted for life \n in saturated soil conditions. Wetlands generally include \n swamps, marshes, bogs, and similar areas.''.","summary":"Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material if such waters are: (1) navigable. (2) connected to navigable waters through a continuous, naturally occurring surface water connection. Or (3) wetlands adjacent to such navigable or connected waters. States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow, (2) ephemeral waters, ground water, manmade ditches, or pipelines. Or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands from the jurisdiction of the permitting program. Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief, or (2) proceed under the administrative appeals process.","title":"To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the Federal Government over waters of the United States, and for other purposes.","text_len":11115,"sum_len":1364} {"bill_id":"106_hr5561","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Responsible Debt Relief and \nDemocracy Reform Act''.\n\nSEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT \n OWED TO THE UNITED STATES.\n\n The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is \namended by adding at the end the following:\n\n ``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF \n DEBT OWED TO THE UNITED STATES\n\n``SEC. 901. CANCELLATION OR REDUCTION OF DEBT.\n\n ``Beginning on and after the date of the enactment of this part, \nthe President may cancel or reduce amounts owed to the United States \n(or any agency of the United States) by foreign countries as a result \nof concessional or nonconcessional loans made, guarantees issued, or \ncredits extended under any other provision of law only if, in addition \nto the requirements contained under the applicable provisions of law \nproviding authority for the debt cancellation or reduction, the \nrequirements contained in section 902 are satisfied.\n\n``SEC. 902. ADDITIONAL REQUIREMENTS.\n\n ``(a) In General.--A foreign country shall be eligible for \ncancellation or reduction of debt under any other provision of law only \nif the government of the country--\n ``(1) ensures freedom of the press;\n ``(2) ensures freedom of association;\n ``(3) has established an independent and nondiscriminatory \n judiciary;\n ``(4) provides for the reduction or elimination of \n corruption relating to public officials, including--\n ``(A) the promulgation of laws to prohibit bribery \n of and by public officials, including disclosure of \n assets by such officials upon taking office, \n periodically while in office, and upon leaving office;\n ``(B) the establishment of an independent anti-\n corruption commission--\n ``(i) to receive and verify the disclosure \n of assets by public officials in accordance \n with subparagraph (A); and\n ``(ii) to investigate allegations or \n corruption or misconduct by public officials \n and to make all findings available to the \n appropriate administrative or judicial \n entities; and\n ``(C) the establishment of an independent agency--\n ``(i) to audit the financial activities of \n public officials and agencies; and\n ``(ii) to make all audits under clause (i) \n available to the appropriate administrative or \n judicial entities;\n ``(5) is elected through free and fair elections;\n ``(6) does not engage in a consistent pattern of gross \n violations of internationally recognized human rights; and\n ``(7) does not repeatedly provided support for acts of \n international terrorism, as determined by the Secretary of \n State under section 6(j)(1) of the Export Administration Act of \n 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).\n ``(b) Exceptions.--The President may waive the application of 1 or \nmore of the requirements of subsection (a) with respect to the \ncancellation or reduction of debt owed to the United States by a \nforeign country--\n ``(1) for emergency humanitarian relief purposes;\n ``(2) if the President determines that it is in the \n national security interests of the United States to do so; or\n ``(3) if the President determines that the foreign country \n is making demonstrable progress in meeting the requirements of \n paragraphs (1) through (7) of subsection (a) by adopting \n appropriate legal and other related reforms.\n ``(c) Congressional Notification.--Not later than 7 days prior to \nthe cancellation or reduction of debt in accordance with section 901, \nthe President shall transmit to the Congress a report that contains a \njustification for the determination by the President that--\n ``(1) the requirements contained in each of paragraphs (1) \n through (7) of subsection (a) have been satisfied with respect \n to the foreign country involved; or\n ``(2) the requirement of paragraph (1), (2), or (3) of \n subsection (b) has been satisfied with respect to the foreign \n country involved.''.\n\nSEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF \n MULTILATERAL DEBT.\n\n It is the sense of the Congress that the President should instruct \nthe United States Executive Director at each international financial \ninstitution to which the United States is a member to use the voice, \nvote, and influence of the United States to urge that the cancellation \nor reduction of debt owed to the institution by a country may be \nprovided only if the country meets the same requirements applicable to \nthe cancellation or reduction of amounts owed to the United States \nunder paragraphs (1) through (7) of section 902(b) of the Foreign \nAssistance Act of 1961 (as added by section 2).","summary":"Expresses the sense of Congress that the President should instruct the US Executive Director at each international financial institution to use the US voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act.","title":"Responsible Debt Relief and Democracy Reform Act","text_len":5400,"sum_len":335} {"bill_id":"106_hr4127","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Classroom Safety Act of 2000''.\n\nSEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.\n\n (a) Placement in Alternative Educational Setting.--Section 615(k) \nof the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) \nis amended--\n (1) by redesignating paragraph (10) as paragraph (11); and\n (2) by inserting after paragraph (9) the following:\n ``(10) Discipline with regard to weapons.--\n ``(A) Authority of school personnel.--\n Notwithstanding any other provision of this Act, school \n personnel may discipline (including expel or suspend) a \n child with a disability who--\n ``(i) carries or possesses a weapon to or \n at a school, on school premises, or to or at a \n school function, under the jurisdiction of a \n State or a local educational agency, or\n ``(ii) possesses or uses illegal drugs, or \n sells or solicits the sale of a controlled \n substance while at a school, on school \n premises, or to or at a school function, under \n the jurisdiction of a State or a local \n educational agency,\n in the same manner in which such personnel may \n discipline a child without a disability. Such personnel \n may modify the disciplinary action on a case-by-case \n basis.\n ``(B) Rule of construction.--Nothing in \n subparagraph (A) shall be construed to prevent a child \n with a disability who is disciplined pursuant to the \n authority provided under subparagraph (A) from \n asserting a defense that the carrying or possession of \n the weapon, or the possession of an illegal drug or \n sale or solicitation of the sale of a controlled \n substance, was unintentional or innocent.\n ``(C) Free appropriate public education.--\n ``(i) Ceasing to provide education.--\n Notwithstanding section 612(a)(1)(A), a child \n expelled or suspended under subparagraph (A) \n shall not be entitled to continue educational \n services, including a free appropriate public \n education, under this title, during the term of \n such expulsion or suspension, if the State in \n which the local educational agency responsible \n for providing educational services to such \n child does not require a child without a \n disability to receive educational services \n after being expelled or suspended.\n ``(ii) Providing education.--\n Notwithstanding clause (i), the local \n educational agency responsible for providing \n educational services to a child with a \n disability who is expelled or suspended under \n subparagraph (A) may choose to continue to \n provide educational services to such child. If \n the local educational agency so chooses to \n continue to provide the services--\n ``(I) nothing in this title shall \n require the local educational agency to \n provide such child with a free \n appropriate public education, or any \n particular level of service; and\n ``(II) the location where the local \n educational agency provides the \n services shall be left to the \n discretion of the local educational \n agency.\n ``(D) Relationship to other requirements.--\n ``(i) Plan requirements.--No agency shall \n be considered to be in violation of section 612 \n or 613 because the agency has provided \n discipline, services, or assistance in \n accordance with this paragraph.\n ``(ii) Procedure.--Actions taken pursuant \n to this paragraph shall not be subject to the \n provisions of this section, other than this \n paragraph.''.\n (b) Conforming Amendments.--(1) Section 615(f)(1) of the \nIndividuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is \namended by striking ``Whenever'' and inserting the following: ``Except \nas provided in section 615(k)(10), whenever''.\n (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities \nEducation Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter \npreceding subclause (I) by inserting before ``to an appropriate interim \neducational setting'' the following: ``except as provided in paragraph \n(10),''.","summary":"Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child, but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service. And (2) has discretion as to the location where it provides the services.","title":"Classroom Safety Act of 2000","text_len":5508,"sum_len":685} {"bill_id":"105_hr3925","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Prescription Drug \nPrice Monitoring Commission Act of 1998''.\n (b) Findings.--The Congress finds the following:\n (1) Although prescription drugs represent one of the most \n frequently used medical care interventions in treating common \n acute and chronic diseases, many Americans, especially elderly \n and other vulnerable populations, are unable to afford \n necessary medications because of excessive and persistent \n prescription drug price inflation.\n (2) Between 1981 and 1998, the rate of inflation for \n prescription drugs has increased at over 2.5 times the general \n rate of inflation.\n (3) Because of the limited availability of private or \n public prescription drug coverage for the elderly, prescription \n drugs represent the highest out-of-pocket medical care cost for \n 75 percent of elderly patients, surpassed only by costs of \n long-term care services.\n (4) The Federal Government and the American taxpayer \n provide substantial subsidies to the pharmaceutical industry in \n the form of tax incentives, tax write-offs, and grants for \n nonresearch activities.\n (5) According to the most current edition of the Internal \n Revenue Service Corporation Source Book of Statistics of \n Income, the 1994-95 edition, the pharmaceutical industry \n claimed $6,061,807,000 in deductions for advertising and \n marketing of their products.\n (6) The statistic described in paragraph (5) is not \n indicative of the current amounts deducted by prescription drug \n manufacturers, since the Food and Drug Administration Reform \n Act of 1996, effective taxable year 1996, substantially \n expanded the advertising activities the costs of which are \n deductible by the pharmaceutical industry.\n (7) According to the Internal Revenue Service Corporation \n Source Book of Statistics of Income, the pharmaceutical \n industry claimed $2,115,690,000 in tax credits to locate their \n production facilities in United States possessions.\n (8) There is a need to determine whether Federal subsidies \n are used in the most efficient manner by the pharmaceutical \n industry to develop drugs which represent true therapeutic \n advances over those products already on the market.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the ``Prescription \nDrug Price Monitoring Commission'' (in this Act referred to as the \n``Commission'').\n\nSEC. 3. DUTIES OF COMMISSION.\n\n (a) Studies.--The Commission shall conduct the following studies:\n (1) A study of the impact of a pharmaceutical price review \n board on containing inflation on the cost of prescription \n pharmaceutical products in the United States.\n (2) A study on how Federal tax credits and subsidies, as \n well as market exclusivity given to the pharmaceutical \n industry, can be used to modify an individual manufacturer's \n pricing behavior and research priorities.\n (3) A study on drug prices in other industrialized nations.\n (4)(A) A study on the feasibility of establishing in the \n United States a pharmaceutical products price review board.\n (B) In conducting the study under subparagraph (A), the \n Commission shall--\n (i) assess the impact of such a board in other \n industrialized nations, such as Canada, on containing \n the costs of prescription drugs and the introductory \n prices of new drugs;\n (ii) recommend how such a board might operate in \n the United States, including the membership of the \n Board;\n (iii) recommend guidelines that might be used by \n the board in determining whether prices or price \n increases for prescription drugs are excessive and \n whether the introductory prices of new drugs are \n excessive; and\n (iv) recommend incentives for drug manufacturers to \n price their products fairly in the United States, \n including a system of compulsory licensing of \n pharmaceutical products or a reduction in the period of \n market exclusivity as a penalty for excessive \n inflation.\n (b) Reports.--\n (1) Annual reports.--The Commission shall submit to the \n Congress an annual report (by not later than January 1 of each \n year beginning with 1999) which shall include information and \n recommendations regarding national and international drug \n policy issues, such as--\n (A) trends and changes in prices for prescription \n and nonprescription drugs in the inpatient and \n outpatient setting in the United States;\n (B) trends and changes in prices for prescription \n drugs in other industrialized nations, such as Canada, \n Japan, Mexico, and countries of the European Union;\n (C) the scope of coverage, reimbursement, and \n financing under titles XVIII and XIX of the Social \nSecurity Act and other programs that directly provide or receive \nFederal funds to provide coverage for or reimbursement of prescription \ndrugs, such as the Department of Veterans Affairs, the Department of \nDefense, and Public Health Service clinics;\n (D) the availability and affordability of \n prescription drugs for various population groups in the \n United States, and the accessibility and affordability \n of public and private insurance programs for \n prescription drugs for such population groups;\n (E) changes in the level and nature of use of \n prescription drugs by recipients of benefits under \n titles XVIII and XIX of the Social Security Act, taking \n into account the impact of such changes on aggregate \n expenditures under these titles;\n (F) recommendations to make prescription drugs more \n affordable and cost-effective for third-party insurers, \n including State-based pharmaceutical assistance and \n general assistance programs;\n (G) evaluation of technologies available for \n efficient third-party prescription drug program \n administration, such as electronic claims management \n and payment technologies;\n (H) methods of providing reimbursement under \n Federal health care programs to providers for drug \n products;\n (I) evaluation of the use and efficiency of all \n Federal tax credits and subsidies given to the \n pharmaceutical industry for various purposes, including \n the tax credit allowed under section 936 of the \n Internal Revenue Code of 1986; and\n (J) evaluation of the effect of direct marketing on \n price, the volume of sales, and advertising deductions.\n (2) Special report.--The Commission shall submit to the \n Committee on Finance of the United States Senate, the Committee \n on Commerce and the Committee on Ways and Means of the House of \n Representatives, and the Special Committee on Aging of the \n United States Senate, by not later than October 1, 1999, a \n report on the study conducted under subsection (a)(4).\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 7 \nmembers appointed as follows:\n (1) The President shall appoint three members.\n (2) The Speaker of the House of Representatives shall \n appoint one member.\n (3) The minority leader of the House of Representatives \n shall appoint one member.\n (4) The majority leader of the Senate shall appoint one \n member.\n (5) The minority leader of the Senate shall appoint one \n member.\n (b) Qualifications.--\n (1) In general.--The membership of the Commission shall \n include the following:\n (A) Individuals with national recognition for their \n expertise in the provision and financing of inpatient \n and outpatient drugs and biologicals.\n (B) Individuals with national recognition for their \n expertise in the fields of health care economics and \n quality assurance, medicine, pharmacology, pharmacy, \n and prescription drug reimbursement.\n (C) Other health care professionals.\n (D) At least one individual who is an advocate for \n medicare and medicaid recipients.\n (2) Limitation.--No more than 2 individuals who are, or \n have been, in the full- or part-time employ of a pharmaceutical \n company within one year from the date of appointment under \n subsection (a) may be appointed to the Commission at any time.\n (c) Chairman.--The Chairman shall be elected by the members.\n (d) Deadline for Appointment.--Members of the Commission shall be \nappointed not later than October 1, 1998.\n (e) Terms.--\n (1) In general.--Each member shall be appointed for the \n life of the Commission.\n (2) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (f) Meetings.--The Commission shall meet at the call of the \nChairperson or a majority of its members.\n (g) Quorum.--Four members of the Commission shall constitute a \nquorum but a lesser number may hold hearings.\n (h) Waiver of Limitation on Executive Schedule Positions.--\nAppointments may be made under this section without regard to the \nprovisions of title 5, United States Code, governing appointments in \nthe competitive service.\n\nSEC. 5. ADMINISTRATIVE PROVISIONS.\n\n (a) In General.--The following provisions of section 1805 of the \nSocial Security Act (42 U.S.C. 1395b-6) shall apply to the Commission \nin the same manner as they apply to the Medicare Payment Advisory \nCommission:\n (1) Subsection (c)(4) (relating to compensation of \n members).\n (2) Subsection (d) (relating to staffing and \n administration).\n (3) Subsection (e) (relating to powers of the Commission \n generally).\n (b) Technical Assistance.--Upon the request of the Commission, the \nhead of a Federal agency shall provide such technical assistance to the \nCommission as the Commission determines to be necessary to carry out \nits duties.\n\nSEC. 6. TERMINATION.\n\n The Commission shall terminate on October 1, 2003.\n\nSEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED \n TO THE PHARMACEUTICAL INDUSTRY.\n\n (a) Study.--The Secretary of Health and Human Services, in \nconsultation with Secretary of the Treasury, shall conduct a study on \nFederal subsidies and incentives provided to the pharmaceutical \nindustry. Matters studied shall include--\n (1) a determination of the total cost over the 5 preceding \n fiscal years to Federal taxpayers of all Federal subsidies \n provided to the pharmaceutical industry (including tax \n incentives, subsidies, grants, and any other financial \n support);\n (2)(A) the purposes for which such Federal subsidies are \n used by the pharmaceutical industry;\n (B) the Federal role in researching and developing patented \n pharmaceutical products and the extent to which the Federal \n Government should co-license certain drugs and biologicals;\n (C) the extent to which pharmaceutical industry marketing \n research costs are incorporated into allowable Federal tax \n credits;\n (D) comparable financial incentives, subsidies, and tax \n credits provided to the pharmaceutical industry by other \n industrialized nations and the use of such incentives, \n subsidies, and credits by such industry;\n (E) the relationship between the total Federal financial \n support provided to the pharmaceutical industry by the United \n States and other industrialized nations and the prices paid by \n the citizens of such respective nations for prescription drugs; \n and\n (F) the extent to which tax credits provided by the Federal \n Government subsidize total worldwide pharmaceutical industry \n research and development; and\n (3) the relation of Federal tax credits to pharmaceutical \n manufacturers and marketing exclusivity for drug products to--\n (A) an individual manufacturer's pricing behavior \n in the marketplace; and\n (B) the relative therapeutic value of new \n pharmaceutical products researched, developed, and \n marketed in the United States.\n (b) Report.--Not later than July 1, 1999, the Secretary of Health \nand Human Services, after consultation with the Secretary of the \nTreasury, shall submit a report to the Committee on Finance of the \nUnited States Senate, the Committee on Commerce and the Committee on \nWays and Means of the United States House of Representatives, and the \nSpecial Committee on Aging of the United States Senate, on the study \nconducted under subsection (a), and shall include such recommendations \nas the Secretary of Health and Human Services deems appropriate.\n\nSEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS.\n\n (a) In General.--Subparagraph (A) of section 1927(b)(3) of the \nSocial Security Act (42 U.S.C. 1396r-8(b)(3)) is amended--\n (1) by striking ``and'' at the end of clause (i),\n (2) by striking the period at the end of clause (ii) and \n inserting ``, and'', and\n (3) by adding at the end thereof the following new clause:\n ``(iii) not later than 30 days after the \n end of each calendar year, the average price at \n which the manufacturer sold each covered \n outpatient drug in such calendar year in the \n following countries: Canada, Australia, Mexico, \n and the countries of the European Union.''.\n (b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of \nsuch Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma \nafter ``1990''.","summary":"Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning US pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.","title":"Prescription Drug Price Monitoring Commission Act of 1998","text_len":15132,"sum_len":811} {"bill_id":"112_hr6015","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Servicemembers Access to Justice Act \nof 2012''.\n\nSEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH \n RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT \n RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.\n\n (a) In General.--Section 4323 of title 38, United States Code, is \namended--\n (1) in subsection (b), by striking paragraph (2) and \n inserting the following new paragraph:\n ``(2) In the case of an action against a State (as an employer) by \na person, the action may be brought in the appropriate district court \nof the United States or State court of competent jurisdiction.'';\n (2) by redesignating subsection (i) as subsection (j); and\n (3) by inserting after subsection (h) the following new \n subsection:\n ``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or \nuse of Federal financial assistance for any program or activity of a \nState shall constitute a waiver of sovereign immunity, under the \neleventh amendment to the Constitution or otherwise, to a suit brought \nby--\n ``(A) a person who is or was an employee in that program or \n activity for the rights or benefits authorized the person by \n this chapter;\n ``(B) a person applying to be such an employee in that \n program or activity for the rights or benefits authorized the \n person by this chapter; or\n ``(C) a person seeking reemployment as an employee in that \n program or activity for the rights or benefits authorized the \n person by this chapter.\n ``(2) In this subsection, the term `program or activity' has the \nmeaning given that term in section 309 of the Age Discrimination Act of \n1975 (42 U.S.C. 6107).''.\n (b) Application.--The amendments made by subsection (a) shall apply \nto--\n (1) any failure to comply with a provision of or any \n violation of chapter 43 of title 38, United States Code, that \n occurs before, on, or after the date of the enactment of this \n Act; and\n (2) to all actions or complaints filed under such chapter \n 43 that are commenced after the date of the enactment of this \n Act.\n\nSEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING \n EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE \n UNIFORMED SERVICES.\n\n (a) In General.--Subchapter III of chapter 43 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 4328. Unenforceability of agreements to arbitrate disputes\n ``(a) Protection of Employee Rights.--Notwithstanding any other \nprovision of law, any clause of any agreement between an employer and \nan employee that requires arbitration of a dispute arising under this \nchapter shall not be enforceable.\n ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect \nto any dispute if, after such dispute arises, the parties involved \nknowingly and voluntarily agree to submit such dispute to arbitration.\n ``(2) Subsection (a) shall not preclude the enforcement of any of \nthe rights or terms of a valid collective bargaining agreement.\n ``(c) Validity and Enforcement.--Any issue as to whether this \nsection applies to an arbitration clause shall be determined by Federal \nlaw. Except as otherwise provided in chapter 1 of title 9, the validity \nor enforceability of an agreement to arbitrate referred to in \nsubsection (a) or (b)(1), shall be determined by a court, rather than \nthe arbitrator, irrespective of whether the party resisting arbitration \nchallenges the agreement to arbitrate specifically or in conjunction \nwith other terms of the agreement.\n ``(d) Application.--This section shall apply with respect to all \ncontracts and agreements between an employer and an employee in force \nbefore, on, or after the date of the enactment of this section.''.\n (b) Clerical Amendment.--The table of sections for such chapter is \namended by inserting after the item relating to section 4326 the \nfollowing new item:\n\n``4328. Unenforceability of agreements to arbitrate disputes.''.\n (c) Application.--The provisions of section 4328 of title 38, \nUnited States Code, as added by subsection (a), shall apply to--\n (1) any failure to comply with a provision of or any \n violation of chapter 43 of title 38, United States Code, that \n occurs before, on, or after the date of the enactment of this \n Act; and\n (2) to all actions or complaints filed under such chapter \n 43 that are pending on or after the date of the enactment of \n this Act.\n\nSEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND \n REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.\n\n (a) State and Private Employers.--Section 4323(d) of title 38, \nUnited States Code, is amended--\n (1) by redesignating paragraphs (2) and (3) as paragraphs \n (4) and (5), respectively;\n (2) in paragraph (4) (as so redesignated)--\n (A) by inserting after ``compensation'' each place \n it appears the following: ``or damages'';\n (B) by striking ``subparagraph (B) or (C) of \n paragraph (1)'' the first place it appears and \n inserting ``paragraph (1) or (3)''; and\n (C) by striking ``subparagraph (B) or (C) of \n paragraph (1)'' the second place it appears and \n inserting ``paragraph (1) or (3)''; and\n (3) by striking the subsection enumerator and heading and \n paragraph (1) and inserting the following:\n ``(d) Remedies.--(1) A State or private employer who violates the \nprovisions of this chapter shall be liable to any person affected--\n ``(A) for damages in the amount of--\n ``(i) any wages, salary, benefits, or other \n compensation denied or lost by such person by reason of \n the violation; or\n ``(ii) in a case in which wages, salary, benefits, \n or other compensation have not been denied or lost to \n the person, any actual monetary losses sustained by the \n person as a result of the violation;\n ``(B) the interest on the amount described in subparagraph \n (A) calculated at the prevailing interest rates over the period \n of time for which the damages are due; and\n ``(C) an additional amount as liquidated damages equal to \n the sum of the amount described in subparagraph (A) and the \n interest described in subparagraph (B), or $10,000, whichever \n is greater except that, if the employer proves to the \n satisfaction of the court that the act or omission giving rise \n to the person's action was in good faith and that the employer \n had reasonable grounds for believing the act or omission was \n not a violation of the provisions of this chapter, the court \n may award, in its discretion, no liquidated damages or award \n any amount of liquidated damages not to exceed 100 percent of \n the compensation or damages awarded under subparagraph (A) and \n the interest described in subparagraph (B).\n ``(2) In any action under this section, the court may require the \nemployer to comply with the provisions of this chapter.''.\n (b) Punitive Damages.--Section 4323(d) of such title is further \namended by inserting after paragraph (2) (as inserted by subsection \n(a)(3) of this section) the following new paragraph:\n ``(3) In the case of a violation of this chapter by a State or \nprivate employer with 25 or more employees, the court shall require the \nemployer to pay the person affected punitive damages if the court \ndetermines that the employer's violation of this chapter was done with \nmalice or reckless indifference to the rights of the person under this \nchapter.''.\n (c) Right to Jury Trial.--Section 4323(d) of such title is further \namended by adding at the end the following:\n ``(6) A person who commences an action under this section shall be \nentitled to a trial by jury.''.\n (d) Federal Government Employers.--Paragraph (2) of section 4324(c) \nof such title is amended to read as follows:\n ``(2) If the Board determines that a Federal executive agency or \nthe Office of Personnel Management has violated the provisions of this \nchapter relating to the employment or reemployment of a person by the \nagency, the Board shall enter an order requiring the agency or Office \nto comply with such provisions and to compensate such person--\n ``(A) for damages in the amount of--\n ``(i) any wages, salary, benefits, or other \n compensation denied or lost by such person by reason of \n the violation; or\n ``(ii) in a case in which wages, salary, benefits, \n or other compensation has not been denied or lost to \n the person, any actual monetary losses sustained by the \n person as a result of the violation;\n ``(B) the interest on the amount described in subparagraph \n (A) calculated at the prevailing interest rates over the period \n of time for which the damages are due; and\n ``(C) an additional amount as liquidated damages equal to \n the sum of the amount described in subparagraph (A) and the \n interest described in subparagraph (B), or $10,000, whichever \n is greater; except that, if the Federal executive agency or the \n Office of Personnel Management proves to the satisfaction of \n the Board that the act or omission giving rise to such person's \n complaint was in good faith and that the agency or Office had \n reasonable grounds for believing that the act or omission was \n not a violation of the provisions of this chapter, the Board \n may award, in the discretion of the Board, no liquidated \n damages or award any amount of liquidated damages not to exceed \n 100 percent of the compensation or damages awarded under \n subparagraph (A) and the interest described in subparagraph \n (B).''.\n (e) Application.--The amendments made by this section shall apply \nto--\n (1) any failure to comply with a provision of or any \n violation of chapter 43 of title 38, United States Code, that \n occurs before, on, or after the date of the enactment of this \n Act; and\n (2) to all actions or complaints filed under such chapter \n 43 that are commenced after the date of the enactment of this \n Act.\n\nSEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE \n EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE \n UNIFORMED SERVICES.\n\n (a) Enforcement of Rights With Respect to a State or Private \nEmployer.--Section 4323(h)(2) of title 38, United States Code, is \namended by striking ``may'' and inserting ``shall''.\n (b) Enforcement of Rights With Respect to Federal Executive \nAgencies.--Section 4324(c)(4) of such title is amended by striking \n``the Board may, in its discretion, award'' and inserting ``the Board \nshall award''.\n (c) Application.--The amendments made by subsections (a) and (b) \nshall apply to--\n (1) any failure to comply with a provision of or any \n violation of chapter 43 of title 38, United States Code, that \n occurs before, on, or after the date of the enactment of this \n Act; and\n (2) to all actions or complaints filed under such chapter \n 43 that are pending on or after the date of the enactment of \n this Act.\n\nSEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE.\n\n (a) In General.--Section 4323(e) of title 38, United States Code, \nis amended--\n (1) by striking ``The court shall use,'' and inserting \n ``(1) The court shall use,''; and\n (2) by adding at the end the following new paragraph:\n ``(2) Notwithstanding rule 65 of the Federal Rules of Civil \nProcedure or any other provision of law, for purposes of determining \nwhether to issue an injunction or restraining order pursuant to \nparagraph (1)--\n ``(A) an employer's denial of reemployment or retention in \n employment shall constitute irreparable harm to a person who is \n denied reemployment or retention in employment if an injunction \n to reinstate such person is not issued, and such person shall \n be considered to have no adequate remedy at law;\n ``(B) if the court balances the hardships between the \n parties, there shall be a rebuttable presumption that the \n balance of harm to a person who is denied reemployment or \n retention in employment if an injunction to reinstate such \n person is not issued outweighs the harm to such person's \n employer or former employer if an injunction is issued to \n reinstate such person; and\n ``(C) if the court considers the public interest or public \n policy, there shall be a rebuttable presumption that the \n issuance of an injunction to reinstate a person who is denied \n reemployment or retention in employment is in the public \n interest and advances public policy.''.\n (b) Application.--The amendments made by subsection (a) shall apply \nto--\n (1) any failure to comply with a provision of or any \n violation of chapter 43 of title 38, United States Code, that \n occurs before, on, or after the date of the enactment of this \n Act; and\n (2) to all actions or complaints filed under such chapter \n 43 that are pending on or after the date of the enactment of \n this Act.\n\nSEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS \n OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND \n REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.\n\n (a) Civilian Agencies.--\n (1) In general.--Chapter 47 of title 41, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 4712. Notice to contractors of potential obligations relating to \n employment and reemployment rights of members of the \n uniformed services\n ``Each contract for the procurement of property or services that is \nentered into by the head of an executive agency shall include a notice \nto the contractor that the contractor may have obligations under \nchapter 43 of title 38, United States Code.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 47 of such title is amended by inserting \n after the item relating to section 4711 the following new item:\n\n``4712. Notice to contractors of potential obligations relating to \n employment and reemployment rights of \n members of the uniformed services.''.\n (b) Armed Forces.--\n (1) In general.--Chapter 137 of title 10, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 2336. Notice to contractors of potential obligations relating to \n employment and reemployment rights of members of the \n uniformed services\n ``Each contract for the procurement of property or services that is \nentered into by the head of an executive agency shall include a notice \nto the contractor that the contractor may have obligations under \nchapter 43 of title 38.''.\n (2) Clerical amendment.--The table of sections for such \n chapter is amended by adding at the end the following new item:\n\n``2336. Notice to contractors of potential obligations relating to \n employment and reemployment rights of \n members of the uniformed services.''.\n\nSEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED \n STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL \n RIGHTS.\n\n Section 4302 of title 38, United States Code, is amended by \ninserting ``substantive or procedural'' before ``right or benefit'' \neach place it occurs.\n\nSEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS \n OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER \n OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS \n OF MEMBERS OF THE UNIFORMED SERVICES.\n\n (a) Study Required.--The Comptroller General of the United States \nshall conduct a study on the effectiveness of Federal programs of \neducation and outreach on employer obligations under chapter 43 of \ntitle 38, United States Code.\n (b) Contents of Study.--In carrying out the study required by \nsubsection (a), the Comptroller General shall--\n (1) assess current practices and procedures of Federal \n agencies for educating employers about their obligations under \n chapter 43 of title 38, United States Code;\n (2) identify best practices for bringing the employment \n practices of small businesses into compliance with such \n chapter;\n (3) determine whether the Employer Support for the Guard \n and Reserve, the Small Business Administration, or other \n agencies could collaborate to develop a program to educate \n employers regarding their obligations under such chapter; and\n (4) determine the effect on recruitment and retention in \n the National Guard and Reserves of the failure of employers to \n meet their reemployment obligations under such chapter.\n (c) Report to Congress.--Not later than December 31, 2012, the \nComptroller General shall submit to Congress a report on the study \nconducted under subsection (a), including the following:\n (1) The findings of the Comptroller General with respect to \n such study.\n (2) The recommendations of the Comptroller General for the \n improvement of education and outreach for employers with \n respect to their obligations under chapter 43 of title 38, \n United States Code.","summary":"Servicemembers Access to Justice Act of 2012 - 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 . 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 the award of attorney fees in actions to enforce USERRA. Requires a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.","title":"To amend title 38, United States Code, to improve the enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes.","text_len":18456,"sum_len":1127} {"bill_id":"106_hr2546","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserve Access to Care in the Home \n(PATCH) Act of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Home health services are a vital component of the \n benefits that are provided to beneficiaries under the medicare \n program under title XVIII of the Social Security Act.\n (2) Home health services under the medicare program enable \n homebound individuals who are at great risk for costly \n institutionalized care to stay in their own homes and \n communities.\n (3) Implementation of the home health interim payment \n system under the medicare program has inadvertently exacerbated \n payment disparities for home health services between regions, \n penalizing efficient, low-cost home health agencies in rural \n areas and providing insufficient compensation for the care of \n higher acuity, medically complex patients.\n (4) The frequency and volume of prepayment medical reviews, \n including requests for medical records, and other \n administrative changes imposed upon home health agencies, \n particularly those agencies that are located in rural areas, \n has had a devastating effect on smaller care agencies.\n (5) The combination of insufficient payments and new \n administrative changes has precipitated the closure of nearly \n 2,000 home health agencies and branch offices and has forced \n many surviving agencies to shrink their service areas or limit \n the types of patients they may serve, resulting in restricted \n access to home health services in many areas.\n (6) The scheduled additional 15 percent across the board \n reduction in home health payments under the medicare program \n will severely compromise existing access to home health \n services, particularly in low-cost rural areas.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To ensure access to care for patients with high medical \n needs by establishing a process for home health agencies to \n exclude high acuity, medically complex patients from the per-\n beneficiary limits under the interim payment system for home \n health services and instead receive cost-based reimbursement \n for services provided such patients.\n (2) To eliminate the 15 percent across the board reduction \n in home health payments under the medicare program.\n (3) To bring relief from certain administrative \n requirements to home health agencies with--\n (A) strong, established compliance records; and\n (B) a history of claim denial rates of less than 5 \n percent.\n\nSEC. 3. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH \n PAYMENTS.\n\n (a) Contingency Reduction.--Section 4603 of the Balanced Budget Act \nof 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(3) of \nthe Tax and Trade Relief Extension Act of 1998 (contained in division J \nof Public Law 105-277)) is amended by striking subsection (e).\n (b) Prospective Payment System.--Section 1895(b)(3)(A) of the \nSocial Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended--\n (1) by striking ``Initial basis.--'' and all that follows \n through ``Under such system'', and inserting ``Initial basis.--\n Under such system'';\n (2) in the matter preceding clause (ii), by striking ``but \n if the reduction in limits described in clause (ii) had been in \n effect''; and\n (3) by striking clause (ii).\n\nSEC. 4. OUTLIER PAYMENTS FOR HOME HEALTH SERVICES.\n\n (a) Waiver of Applicable Home Health Payment Limits for Outliers.--\n (1) In general.--Section 1861(v)(1)(L) of the Social \n Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section \n 5101 of the Tax and Trade Relief Extension Act of 1998 \n (contained in Division J of Public Law 105-277) is amended--\n (A) by redesignating clause (ix) as clause (x); and\n (B) by inserting after clause (viii) the following:\n ``(ix)(I) Notwithstanding the applicable limit under this \nsubparagraph, in the case of a provider that demonstrates to the \nSecretary that with respect to an individual to whom the provider \nfurnished home health services appropriate to the individual's \ncondition (as determined by the Secretary) at a reasonable cost (as \ndetermined by the Secretary), and that such reasonable cost \nsignificantly exceeded such applicable limit because of unusual \nvariations in the type or amount of medically necessary care required \nto treat the individual, the Secretary, upon application by the \nprovider, shall pay to such provider for such individual such \nreasonable cost.\n ``(II) The Secretary shall establish such criteria as is required \nfor payment under this clause, including a description of the type of \npatient, patient condition, unusual variations, and home health service \nthat qualifies for such payment.\n ``(III) In making determinations under subclause (I), the Secretary \nshall use data from the cost report, or from other data collected by \nthe Secretary, of the provider for such year.\n ``(IV) A provider may make an application for payment under this \nclause for a fiscal year no earlier than the end of the cost reporting \nperiod beginning in such fiscal year.\n ``(V) In the case of an application for payment under this clause \nthat is approved by the Secretary, a home health agency may elect to \nreceive payment on a quarterly basis.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on September 30, 1999, and apply with respect to each \napplication for payment of reasonable costs for outliers submitted by \nany home health agency for cost reporting periods ending on or after \nsuch date.\n\nSEC. 5. CLARIFICATION OF THE DEFINITION OF HOMEBOUND.\n\n (a) In General.--The last sentence of sections 1814(a) and 1835(a) \nof the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each \namended--\n (1) by striking ``leave home,'' and inserting ``leave home \n and''; and\n (2) by striking ``, and that absences'' and all that \n follows before the period.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to items and services provided on or after the date of enactment \nof this Act.\n\nSEC. 6. REVIEW OF CLAIMS SUBMITTED BY HOME HEALTH AGENCIES.\n\n (a) In General.--Section 1816(c)(2) of the Social Security Act (42 \nU.S.C. 1395h(c)(2)) is amended by adding at the end the following:\n ``(D)(i) Each agreement under this section shall provide that if \nthe average finalized denial rate of claims submitted by a home health \nagency (determined for the 3 most recent cost reporting periods ending \nbefore the date of such determination) is less than 5 percent--\n ``(I) no prepayment medical review, including requests for \n medical records and focused medical reviews, may be conducted \n with respect to a claim submitted by such agency (absent \n probable cause that the particular claim is invalid) during the \n agency's next succeeding cost reporting period; and\n ``(II) post-payment review of claims submitted by the \n agency during the agency's next succeeding cost reporting \n period shall not exceed 10 percent of the dollar value of all \n of the services provided by the agency for which a claim for \n reimbursement is filed under this title during such period.\n ``(ii) For purposes of clause (i), the finalized denial rate of \nclaims submitted by a home health agency for any cost reporting period \nis equal to the percentage determined by dividing--\n ``(I) the dollar value of all of the services provided by \n the agency for which--\n ``(aa) a claim for reimbursement is filed under \n this title during such period; and\n ``(bb) a denial for such claim has become final \n after all rights to request reconsideration or to \n appeal have been exhausted, by\n ``(II) the dollar value of all of the services provided by \n the agency for which a claim for reimbursement is--\n ``(aa) filed under this title during such period; \n and\n ``(bb) reviewed by the Secretary or an agency or \n organization with an agreement under this section.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of enactment of this Act and shall apply to \nagreements entered into or renewed on or after such date.\n\nSEC. 7. RESTORATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH \n AGENCIES.\n\n Section 4603(b) of Public Law 105-33 is repealed.\n\nSEC. 8. SENSE OF THE CONGRESS REGARDING THE IMPLEMENTATION OF PPS FOR \n HOME HEALTH SERVICES.\n\n It is the sense of the Congress that the Secretary of Health and \nHuman Services should--\n (1) ensure that the prospective payment system for home \n health services under section 1895 of the Social Security Act \n (42 U.S.C. 1395fff) provides for appropriate payment of \n services that are provided to beneficiaries;\n (2) ensure that reimbursement rates under such system--\n (A) include incentives to provide services \n efficiently to all beneficiaries; and\n (B) do not create unintentional incentives to \n discriminate against beneficiaries with medically \n complex conditions;\n (3) ensure that the establishment of the case mix \n adjustment for such services under subsection (b)(4) of such \n section--\n (A) does not penalize agencies that serve \n beneficiaries with medically complex conditions;\n (B) provides some predictive value and accounts for \n a fair portion of the variation in costs associated \n with providing services to beneficiaries; and\n (C) takes into account such variables as the health \n status, age, and socioeconomic status of beneficiaries;\n (4) establish a nationally uniform process to ensure that \n fiscal intermediaries have the training and ability to provide \n timely and accurate coverage and payment information to home \n health agencies under the medicare program under title XVIII of \n such Act (42 U.S.C. 1395 et seq.);\n (5) assess the costs to home health agencies of \n implementing new regulations and interpretations associated \n with the prospective payment system for home health services \n and consider the impact of such costs on the ability of such \n agencies to provide home health services to beneficiaries; and\n (6) provide periodic updates to Congress and home health \n agencies regarding the progress by the Secretary of \n implementing the prospective payment system for home health \n services.","summary":"Amends SSA title XVIII to: (1) create outlier provisions for home health services, (2) revise the definition of homebound. And (3) restructure the review process for claims submitted by home health agencies. Amends BBA '97 for the stated purpose of restoring periodic interim payments for home health agencies. Expresses the sense of the Senate that the Secretary of Health and Human Services should: (1) ensure that the prospective payment system (PPS) for home health services provides for appropriate payment of services provided to beneficiaries at rates that include incentives to provide services efficiently to all beneficiaries and do not create unintentional incentives to discriminate against beneficiaries with complex medical conditions. (2) ensure that the establishment of the case mix adjustment for such services does not penalize agencies that serve such beneficiaries, provides some predictive value, and accounts for appropriate variables, such as age and health status. (3) establish a nationally uniform process to ensure that fiscal intermediaries have the training and ability to provide timely and accurate coverage and payment information to Medicare home health agencies. (4) assess home health agency regulatory costs associated with the PPS for home health services and consider the cost impact on the agency's ability to provide such services. And (5) provide periodic updates to Congress and home health agencies on the Secretary's progress in implementing such PPS.","title":"Preserve Access to Care in the Home (PATCH) Act of 1999","text_len":11425,"sum_len":1496} {"bill_id":"110_hr92","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Timely Access to Health \nCare Act''.\n\nSEC. 2. STANDARDS FOR ACCESS TO CARE.\n\n (a) Required Standards for Access to Care.--Section 1703 of title \n38, United States Code, is amended by adding at the end the following \nnew subsection:\n ``(e)(1) For a veteran seeking primary care from the Department, \nthe standard for access to care, determined from the date on which the \nveteran contacts the Department seeking an appointment until the date \non which a visit with a primary-care provider is completed, is 30 days.\n ``(2)(A) The Secretary shall prescribe an appropriate standard for \naccess to care applicable to waiting times at Department health-care \nfacilities, determined from the time at which a veteran's visit is \nscheduled until the time at which the veteran is seen by the provider \nwith whom the visit is scheduled.\n ``(B) The Secretary shall periodically review the performance of \nDepartment health-care facilities compared to the standard prescribed \nunder subparagraph (A). The Secretary shall submit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives an annual \nreport providing an assessment of the Department's performance in \nmeeting that standard.\n ``(3) Effective on the first day of the first fiscal year beginning \nafter the date of the enactment of this section, but subject to \nparagraph (4), in a case in which the Secretary is unable to meet the \nstandard for access to care applicable under paragraph (1) or (2), the \nSecretary shall, or with respect to a veteran described in section \n1705(a)(8) of this title may, use the authority of subsection (a) to \nfurnish health care and services for that veteran in a non-Department \nfacility. In any such case--\n ``(A) payments by the Secretary may not exceed the \n reimbursement rate for similar outpatient services paid by the \n Secretary of Health and Human Services under part B of the \n medicare program (as defined in section 1781(d)(4)(A) of this \n title); and\n ``(B) the non-Department facility may not bill the veteran \n for any difference between the facility's billed charges and \n the amount paid by the Secretary under subparagraph (A).\n ``(4) Paragraph (3) shall not apply to a veteran enrolled or \nseeking care at a Department facility within a Department geographic \nservice area that has a compliance rate, determined over the first \nquarter of the first calendar-year beginning after the date of the \nenactment of this Act, for the standards for access to care under \nparagraphs (1) and (2) of 90 percent or more. The Secretary shall make \nthe determination of the compliance rate for each Department geographic \nservice area for purposes of the preceding sentence not later than July \n1 of the first calendar-year beginning after the date of the enactment \nof this Act.\n ``(5)(A) The Secretary shall submit to the Committees on Veterans' \nAffairs of the Senate and House of Representatives for each calendar-\nyear quarter, not later than 60 days after the end of the quarter, a \ncomprehensive report on the experience of the Department during the \nquarter covered by the report with respect to waiting times for \nveterans seeking appointments with a Department health-care provider.\n ``(B) Each report under subparagraph (A) shall include the total \nnumber of veterans waiting, shown for each geographic service area by \nthe following categories:\n ``(i) Those waiting under 30 days for scheduled \n appointments.\n ``(ii) Those waiting over 30 days but less than 60 days.\n ``(iii) Those waiting over 60 days but less than 4 months.\n ``(iv) Those waiting over 4 months but who cannot be \n scheduled within 6 months.\n ``(v) Those waiting over 6 months but who cannot be \n scheduled within 9 months of seeking care.\n ``(vi) Those who cannot be scheduled within one year of \n seeking care.\n ``(vii) Any remaining veterans who cannot be scheduled, \n with the reasons therefor.\n ``(C) For each category set forth in subparagraph (B), the report \nshall distinguish between--\n ``(i) waiting times for primary care and specialty care; \n and\n ``(ii) waiting times for veterans who are newly enrolled \n versus those who were enrolled before October 1, 2001.\n ``(D) Each such report shall also set forth the number of veterans \nwho have enrolled in the Department's health care system but have not \nsince such enrollment sought care at a Department health care facility.\n ``(E) The final report under this paragraph shall be for the \nquarter ending on December 31, 2010.''.\n (b) Effective Date.--Subsection (e) of section 1703 of title 38, \nUnited States Code, as added by subsection (a), shall take effect on \nthe first day of the first month beginning more than six months after \nthe date of the enactment of this Act. The first report under paragraph \n(5) of that subsection shall be submitted for the quarter ending on \nDecember 31 of the first calendar year beginning after the date of the \nenactment of this Act.","summary":"Veterans Timely Access to Health Care Act - Makes the standard for access to care for a veteran seeking primary care from the Department of Veterans Affairs 30 days from the date the veteran contacts the Department. Directs the Secretary of Veterans Affairs to prescribe an appropriate standard for waiting times at Department health-care facilities as measured from the time a visit is scheduled until the time the veteran is seen. Directs the Secretary to periodically review the performance of Department health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-Department facilities in a case in which the Secretary is unable to meet access standards. Prohibits such contracting-out with respect to a Department geographic service area that has a compliance rate in meeting such standards of 90 percent or more. Requires quarterly reports from the Secretary to the congressional veterans' committees on the Department's experience with respect to waiting times.","title":"To amend title 38, United States Code, to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs, and for other purposes.","text_len":5243,"sum_len":1027} {"bill_id":"111_hr3655","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bereaved Consumer's Bill of Rights \nAct of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there have been shocking consumer abuses in the funeral \n industry, including scandals at Burr Oak Cemetery in Alsip, \n Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and \n the Tri State Crematory in Noble, Georgia;\n (2) funeral arrangements are a major expense for most \n American households and families;\n (3) some consumers seek to ease the burdens on their \n families by arranging and paying for pre-need funeral and \n cemetery arrangements;\n (4) most funerals are planned by grieving family members at \n a time when they are especially vulnerable and unlikely to \n focus on cost comparison;\n (5) the Federal Trade Commission's Funeral Industry \n Practices Trade Regulation Rule (known as the Funeral Rule) \n dictates consumer protections in the funeral home, but does not \n cover the practices of cemeteries, crematoria, or sellers of \n monuments, urns, or caskets;\n (6) State laws are inconsistent and frequently too weak to \n provide adequate consumer protections, creating a need for \n minimum federal standards in this area;\n (7) consumers have the right to receive clear and accurate \n information about all funeral goods and services offered for \n sale;\n (8) consumers need effective protection from fraud and \n abusive practices by all providers of funeral goods and \n services and at all stages of the funeral planning process; and\n (9) a new Federal law that provides adequate protections to \n grieving families is warranted.\n\nSEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR \n PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES.\n\n (a) In General.--The Federal Trade Commission shall prescribe rules \nprohibiting unfair or deceptive acts or practices in the provision of \nfuneral goods or services. Such rules shall include the following:\n (1) A requirement that providers of funeral goods or \n funeral services furnish accurate price information disclosing \n clearly and conspicuously the cost to the purchaser for each of \n the specific funeral goods or funeral services provided or \n offered for sale.\n (2) A prohibition on misrepresentations by such providers, \n including misrepresentations of the requirements of Federal, \n State, or local law.\n (3) A prohibition on conditioning the provision of any \n funeral good or funeral service upon the purchase of any other \n funeral good or funeral service from that provider, except as \n required by law.\n (4) A requirement that any presale disclosures and \n contracts for funeral services or funeral goods be written \n clearly, stating the merchandise and services that purchasers \n are buying and their prices.\n (5) In the case of contracts for funeral services or \n funeral goods that are pre-paid in whole or in part, a \n requirement for clear and conspicuous presale and contractual \n disclosure regarding any penalties incurred if the consumer \n decides to cancel or transfer the contract to another provider \n of funeral services or funeral goods.\n (6) A requirement that contracts for funeral services or \n funeral goods disclose clearly and conspicuously all fees and \n costs to be incurred in the future or at the time that the \n funeral services or funeral goods are provided.\n (7) A requirement that cemeteries provide to consumers, in \n a timely manner, all written rules and regulations of the \n cemetery, and a clear explanation in writing of the interment, \n inurnment, or entombment right that has been purchased, and any \n material terms and conditions of that purchase, including any \n repurchase option by the cemetery or resale rights available to \n the consumer.\n (8) A requirement that cemeteries--\n (A) retain all records in existence on the date of \n enactment of this Act, including maps or other systems \n indicating the location and date of each interment, \n inurnment, or entombment;\n (B) accurately record and retain records of all \n interments, inurnments, or entombments occurring, as \n well as any internment, inurnment, or entombment rights \n sold, after the effective date of the regulations \n issued under this subsection, in such manner and form \n as the Commission may prescribe in such regulations; \n and\n (C) make such records available to Federal, State, \n and local governments, as appropriate.\n (b) Rulemaking.--The Commission shall prescribe the rules under \nsubsection (a) within 1 year after the date of enactment of this Act. \nSuch rules, and any future rules or revision of rules prescribed by the \nCommission prohibiting unfair or deceptive acts or practices in the \nprovision of funeral goods or services, shall be prescribed in \naccordance with section 553 of title 5, United States Code.\n (c) Application of Rules to Tax Exempt Organizations and States.--\nNotwithstanding the definition of corporation in section 4 of the \nFederal Trade Commission Act (15 U.S.C. 44), the rules prescribed under \nsubsection (a), and any future rules or revision of rules prescribed by \nthe Commission prohibiting unfair or deceptive acts or practices in the \nprovision of funeral goods or funeral services, shall also apply to \ncemeteries organized or operated by--\n (1) organizations described in section 501(c) of the \n Internal Revenue Code of 1986 that are exempt from taxation \n under section 501(a) of such Code, except for cemeteries \n organized, operated, managed, and owned by a religious \n denomination, middle judicatory, house of worship, or similar \n religious organization, and that are not organized, operated, \n managed, or owned by contract or affiliation with a for-profit \n provider of funeral goods or services that offers those goods \n and services for sale to the public; and\n (2) States or any political subdivision of a State.\n (d) Enforcement.--Any violation of any rule prescribed under this \nsection shall be treated as a violation of a regulation prescribed \nunder section 18(a)(1)(B) of the Federal Trade Commission Act (15 \nU.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. \nThe Federal Trade Commission shall enforce this Act in the same manner, \nby the same means, and with the same jurisdiction as though all \napplicable terms and provisions of the Federal Trade Commission Act \nwere incorporated into and made a part of this Act. Any person who \nviolates the regulations prescribed under this Act shall be subject to \nthe penalties and entitled to the privileges and immunities provided in \nthat Act.\n\nSEC. 4. ENFORCEMENT BY STATES.\n\n (a) In General.--Whenever an attorney general of any State has \nreason to believe that the interests of the residents of that State \nhave been or are being threatened or adversely affected because any \nperson has engaged or is engaging in an act or practice which violates \nany rule of the Commission issued under section 3 of this Act or the \nTrade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et \nseq.), the State, as parens patriae, may bring a civil action on behalf \nof its residents in an appropriate district court of the United States \nto enjoin such violative act or practice, to enforce compliance with \nsuch rule of the Commission, to obtain damages, restitution, or other \ncompensation on behalf of residents of such State, or to obtain such \nfurther and other relief as the court may determine appropriate.\n (b) Notice.--The State shall provide prior written notice of any \ncivil action under subsection (a) or (f)(2) to the Commission and \nprovide the Commission with a copy of its complaint, except that if it \nis not feasible for the State to provide such prior notice, the State \nshall provide such notice immediately upon instituting such action. \nUpon receiving a notice respecting a civil action, the Commission shall \nhave the right--\n (1) to intervene in such action;\n (2) upon so intervening, to be heard on all matters arising \n therein;\n (3) to remove the action to the appropriate United States \n district court; and\n (4) to file petitions for appeal.\n (c) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this Act shall prevent an attorney general \nfrom exercising the powers conferred on the attorney general by the \nlaws of such State to conduct investigations or to administer oaths or \naffirmations or to compel the attendance of witnesses or the production \nof documentary and other evidence.\n (d) Actions by Commission.--Whenever a civil action has been \ninstituted by or on behalf of the Commission for violation of any rule \nprescribed under section 3 of this Act, no State may, during the \npendency of such action instituted by or on behalf of the Commission, \ninstitute a civil action under subsection (a) or (f)(2) of this section \nagainst any defendant named in the complaint in such action for \nviolation of any rule as alleged in such complaint.\n (e) Venue; Service of Process.--Any civil action brought under \nsubsection (a) of this section in a district court of the United States \nmay be brought in the district in which the defendant is found, is an \ninhabitant, or transacts business or wherever venue is proper under \nsection 1391 of title 28, United States Code. Process in such an action \nmay be served in any district in which the defendant is an inhabitant \nor in which the defendant may be found.\n (f) Actions by Other State Officials.--\n (1) Construction.--Nothing contained in this section shall \n prohibit an authorized State official from proceeding in State \n court on the basis of an alleged violation of any civil or \n criminal statute of such State.\n (2) Other state actions.--In addition to actions brought by \n an attorney general of a State under subsection (a) of this \n section, such an action may be brought by officers of such \n State who are authorized by the State to bring actions in such \n State on behalf of its residents.\n\nSEC. 5. EFFECT ON OTHER LAW.\n\n Nothing in this Act or the rules prescribed under this Act shall be \nconstrued to preempt any provision of any law of a State or political \nsubdivision of that State that provides protections to consumers of \nfuneral services or funeral goods, except to the extent that the \nprovision of law is inconsistent with any provision of this Act or a \nrule prescribed under this Act, and then only to the extent of the \ninconsistency.\n\nSEC. 6. DEFINITIONS.\n\n In this Act--\n (1) the term ``cemetery'' means any organization, \n association or other business that offers for sale the \n interment, inurnment, or entombment of human remains, but does \n not include any cemetery that--\n (A) performs fewer than 25 interments, inurnments, \n and entombments during any calendar year; or\n (B) sells fewer than 25 interment, inurnment, or \n entombment rights during any calendar year;\n (2) the term ``funeral goods'' are the goods which are sold \n or offered for sale directly to the public for use in \n connection with funeral services; and\n (3) the term ``funeral services'' means--\n (A) any services which are sold or offered for sale \n to the public in order to--\n (i) care for and prepare deceased human \n bodies for burial, cremation, or other final \n disposition; or\n (ii) arrange, supervise, or conduct the \n funeral ceremony or the final disposition of \n deceased human bodies; or\n (B) services provided by funeral directors, \n morticians, cemeterians, cremationists, and retailers \n of caskets, urns, monuments, and markers.\n ","summary":"Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously. (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider. (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract. (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase. And (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act.","title":"To direct the Federal Trade Commission to establish rules to prohibit unfair or deceptive acts or practices related to the provision of funeral services.","text_len":12865,"sum_len":1381} {"bill_id":"112_hr2647","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Witness Security and Protection \nGrant Program Act of 2011''.\n\nSEC. 2. WITNESS PROTECTION GRANT PROGRAM.\n\n (a) In General.--Subject to subsection (i), the Attorney General \nshall make competitive grants to eligible State, tribal, and local \ngovernments to establish or maintain programs that provide protection \nor assistance to witnesses in--\n (1) court proceedings involving homicide, or involving a \n serious violent felony or serious drug offense as defined in \n section 3559(c)(2) of title 18, United States Code; and\n (2) court proceedings involving gangs or organized crime.\n (b) Criteria.--In making grants under subsection (a), the Attorney \nGeneral shall evaluate applicants based upon the following:\n (1) The extent to which the applicant has a lack of \n infrastructure to support a witness assistance program.\n (2) The extent to which witness intimidation is present \n with respect to the applicant.\n (3) The level of cases not prosecuted by the applicant due \n to witness intimidation.\n (4) The number of homicides per capita committed in the \n jurisdiction of the applicant.\n (5) The number of serious violent felonies or serious drug \n offenses, as defined in section 3559(c)(2) of title 18, United \n States Code, per capita committed in the jurisdiction of the \n applicant.\n (6) The extent to which organized crime is present in the \n jurisdiction of the applicant.\n (7) Other appropriate criteria as determined by the \n Attorney General.\n (c) Technical Assistance.--From amounts made available under \nsubsection (i) to carry out this section, the Attorney General, upon \nrequest of a recipient of a grant under this section, shall direct the \nappropriate offices within the Department of Justice to provide \ntechnical assistance to such recipient to the extent the Attorney \nGeneral determines such technical assistance is needed to establish or \nmaintain a program described in such section.\n (d) Best Practices.--\n (1) Report.--Each recipient of a grant under this section \n shall submit to the Attorney General a report, in such form and \n manner and containing such information as specified by the \n Attorney General, that evaluates each program established or \n maintained pursuant to such grant, including policies and \n procedures under the program.\n (2) Development of best practices.--Based on the reports \n submitted under paragraph (1), the Attorney General shall \n develop best practice models to assist States and other \n relevant entities in addressing--\n (A) witness safety;\n (B) short-term and permanent witness relocation;\n (C) financial and housing assistance; and\n (D) any other services related to witness \n protection or assistance that are determined by the \n Attorney General to be necessary.\n (3) Dissemination to states.--Not later than 1 year after \n the development of best practice models under paragraph (2), \n the Attorney General shall disseminate to States and other \n relevant entities such models.\n (4) Sense of congress.--It is the sense of Congress that \n States and other relevant entities should use the best practice \n models developed and disseminated in accordance with this \n section to evaluate, improve, and develop witness protection or \n witness assistance as appropriate.\n (5) Clarification.--Nothing in this section requires the \n dissemination of any information if the Attorney General \n determines such information is law enforcement sensitive and \n should only be disclosed within the law enforcement community \n or that such information poses a threat to national security.\n (e) Federal Share.--\n (1) In general.--The Federal share of the cost of a project \n carried out using a grant made under this section shall not be \n more than 75 percent.\n (2) In-kind contributions.--\n (A) In general.--Subject to subparagraph (B), the \n non-Federal share for a project carried out using a \n grant made under this section may be made in the form \n of in-kind contributions that are directly related to \n the purpose for which the grant was made.\n (B) Maximum percentage.--Not more than 50 percent \n of the non-Federal share for a project carried out \n using a grant made under this section may be in the \n form of in-kind contributions.\n (f) Administrative Expenses.--Federal administrative costs to carry \nout this section for a fiscal year shall not exceed 5 percent of the \nfunds appropriated pursuant to subsection (i) for such fiscal year.\n (g) Geographic Distribution.--The Attorney General shall ensure \nthat, to the extent reasonable and practical, grants authorized by this \nsection are made to achieve an equitable geographical distribution of \nsuch programs throughout the United States and that due consideration \nbe given to applicants of rural and urban communities.\n (h) Report to Congress.--The Attorney General shall submit a report \nto Congress--\n (1) not later than December 31, 2013, on the implementation \n of this section and any information on programs funded by \n grants made pursuant to this section; and\n (2) not later than December 31, 2017, on the programs \n funded by grants awarded under this section, including on \n matters specified under subsection (d)(2).\n (i) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $30,000,000 for each of the \nfiscal years 2012 through 2016.","summary":"Witness Security and Protection Grant Program Act of 2011 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs to protect or assist witnesses in court proceedings involving homicide, a serious felony or drug offense, or gangs or organized crime. (2) evaluate grant applicants based on specified criteria, including the extent of witness intimidation and the number of serious crimes per capita with respect to such applicant. (3) provide technical assistance to grant applicants for establishing or maintaining a witness protection plan. And (4) develop and disseminate best practice models to assist states and other relevant entities in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary services. Expresses the sense of Congress that states and relevant entities should use the best practice models developed by the Attorney General to evaluate, improve, and develop witness protection or witness assistance programs.","title":"To require the Attorney General to make competitive grants to eligible State, tribal, and local governments to establish and maintain certain protection and witness assistance programs.","text_len":6102,"sum_len":1079} {"bill_id":"107_hr2210","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``America's Youth Commission Act of \n2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) American youth, up to 18 years of age, represent the \n freest, most educated, most affluent generation this Nation has \n known. A majority will graduate from high school, will come \n from families in which the parents or guardians are employed \n and own property, and will come from a society which has \n achieved unparalleled national economic and social opportunity \n in a world largely at peace.\n (2) The potential for this generation of American youth to \n make lasting contributions to freedom's cause is unparalleled. \n Yet, despite this favorable domestic and international climate, \n some serious flaws have appeared in America's social and \n cultural fabric, characterized by destructive behaviors among \n some of our youth that are damaging our Nation and the ability \n of this generation to achieve its full potential.\n (3) While most of America's youth are achieving \n academically and developing wholesome constructive pursuits, \n youth violence in places like Littleton, Colorado, Springfield, \n Oregon, and Jonesboro, Arkansas, and the rash of copycat \n incidents, threatened or real, across the Nation has brought to \n the fore a troubling lack of respect by some for other \n individuals that lies at the heart of a free society.\n (4) Across our Nation, school ``pranks'' have in many cases \n been destructive to schools and property and reveal a serious \n lack of understanding by the perpetrators of the true costs of \n their actions.\n (5) Equally serious are the consistently high and \n personally destructive levels of alcohol and drug use by \n American youth, sometimes coupled with gun violence, as well as \n increasing levels of teenage suicide and eating disorders, such \n as bulimia and anorexia.\n (6) Upholding human dignity faces challenges in the media \n as well. By the time children in the United States have passed \n through the eighth grade, they will have witnessed an average \n of 8,000 murders and over 100,000 other acts of violence \n through the media. In addition, many video games, music, films, \n and Internet websites present material so degrading to human \n dignity that they undermine the value of human life and elevate \n the bizarre to normal. Some have characterized this as a \n ``culture of death'' that permeates the consciousness of \n American youth.\n (7) The structure of family, neighborhoods, work, and \n community in the United States has been transformed in the last \n 30 years as economic growth and mobility have impacted \n families' aspirations and livelihoods. The static purchasing \n power of families, mergers, and dislocation of production, \n higher family mobility and suburbanization, rising levels of \n foster children, all have contributed to a more fluid social \n structure and less continuity for youth in permanent nurturing \n relationships with family and community. The social \n consequences of these changes, along with the pervasive \n influence of media, demand attention, for developmental \n attachments by adults toward youth that characterized previous \n generations have become more tenuous in today's society.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the ``National \nCommission on the Impact of United States Culture on America's Youth'' \n(hereinafter in this Act referred to as the ``Commission'').\n\nSEC. 4. DUTY OF COMMISSION.\n\n The Commission shall investigate and make findings and \nrecommendations with respect to--\n (1) the condition and status of contemporary youth in \n America compared to prior generations, with particular \n attention to family, neighborhood, schools, scholastic \n attainment, work, and community involvement;\n (2) the nature, origins, and trends of antisocial and \n violent behavior among American youth, including--\n (A) an analysis of the trends in violent acts in \n families, neighborhoods, and schools; and\n (B) the influence of organizations, other cultural \n elements, and individuals contributing to the \n incitement or encouragement of violent behaviors;\n (3) identification of successful initiatives that involve \n youth in positive development and experiences that curb \n antisocial behavior among youth;\n (4) recommendations for averting and reducing violence \n among American youth; and\n (5) recommendations for parents, families, nongovernmental \n and private sector organizations and Federal, State, and local \n authorities in building positive developmental experiences \n among American youth.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 11 \nmembers appointed as follows:\n (1) Two members appointed by the Speaker of the House of \n Representatives.\n (2) Two members appointed by the majority leader of the \n Senate.\n (3) Two members appointed by the minority leader of the \n House of Representatives.\n (4) Two members appointed by the minority leader of the \n Senate.\n (5) Three members appointed by the President.\n (b) Qualifications.--The members shall--\n (1) not be incumbent Members of Congress; and\n (2) be specially qualified to serve on the Commission by \n reason of education, training, or experience.\n (c) Terms.--Each member shall be appointed for the life of the \nCommission. A vacancy in the Commission shall be filled in the manner \nin which the original appointment was made.\n (d) Basic Pay.--Members shall serve without pay.\n (e) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with section \n5703 of title 5, United States Code.\n (f) Quorum.--Seven members of the Commission shall constitute a \nquorum, but a lesser number may hold hearings.\n (g) Chair.--The Chairperson of the Commission shall be designated \nby the President at the time of the appointment.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate. The Commission shall ensure that its hearings and sessions \nare open to the public, with significant opportunities for testimony \nfrom members of the general public.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall cooperate with the Commission in providing that information.\n (d) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (e) Contract Authority.--The Commission may contract with and \ncompensate Government or private agencies or persons for supplies or \nservices, without regard to section 3709 of the Revised Statutes (41 \nU.S.C. 5).\n\nSEC. 7. REPORTS.\n\n (a) Interim Report.--The Commission shall transmit an interim \nreport to the President and the Congress not later than 180 days after \nthe date the Commission is duly organized.\n (b) Final Report.--The Commission shall transmit a final report to \nthe President and the Congress not later than one year after the date \nthe Commission is duly organized. The final report shall contain a \ndetailed statement of the findings and conclusions of the Commission, \ntogether with its recommendations for legislation.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate 30 days after transmitting its final \nreport under section 7(b).\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $10,000,000 for fiscal year \n2002 to carry out this Act, to remain available until expended.","summary":"America's Youth Commission Act of 2001 - Establishes the National Commission on the Impact of United States Culture on America's Youth.","title":"To establish the National Commission on the Impact of United States Culture on American Youth.","text_len":8950,"sum_len":135} {"bill_id":"109_s3703","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Prescription Drug Lifeline \nAct of 2006''.\n\nSEC. 2. TEMPORARY PROCESS FOR INDIVIDUALS ENTERING THE MEDICARE \n COVERAGE GAP TO SWITCH TO A PLAN THAT PROVIDES COVERAGE \n IN THE GAP.\n\n (a) Process.--Notwithstanding any other provision of law, by not \nlater than 30 days after the date of enactment of this Act, the \nSecretary of Health and Human Services (in this section referred to as \nthe ``Secretary'') shall establish a process under which an applicable \nindividual may terminate enrollment in the prescription drug plan or \nthe MA-PD plan in which they are enrolled and enroll in any \nprescription drug plan or MA-PD plan--\n (1) that provides some coverage of covered part D drugs (as \n defined in subsection (e) of section 1860D-2 of the Social \n Security Act (42 U.S.C. 1395w-102)) after the individual has \n reached the initial coverage limit under the plan but has not \n reached the annual out-of-pocket threshold under subsection \n (b)(4)(B) of such section; and\n (2) subject to subsection (b), that serves the area in \n which the individual resides.\n (b) Special Rule Permitting Applicable Individuals to Enroll in a \nPrescription Drug Plan Outside of the Region in Which the Individual \nResides.--In the case of an applicable individual that resides in a PDP \nregion under section 1860D-11(a)(2) of the Social Security Act (42 \nU.S.C. 1395w-111(a)(2)) in which there is no prescription drug plan \navailable that provides some coverage of brand name covered part D \ndrugs (as so defined) after the individual has reached the initial \ncoverage limit under the plan but before the individual has reached \nsuch annual out-of-pocket threshold, the Secretary shall ensure that \nthe process established under subsection (a) permits the individual to \nenroll in a prescription drug plan that provides such coverage but is \nin another PDP region. The Secretary shall determine the PDP region in \nwhich the individual may enroll in such a prescription drug plan.\n (c) Notification of Applicable Individuals.--Under the process \nestablished under subsection (a), the Secretary shall notify, or \nrequire sponsors of prescription drug plans and organizations offering \nMA-PD plans to notify, applicable individuals of the option to change \nplans under such process. Such notice shall be provided to an \napplicable individual within 30 days of meeting the definition of such \nan individual.\n (d) Process in Effect for Remaining Portion of 2006.--The process \nestablished under subsection (a) shall remain in effect through \nDecember 31, 2006.\n (e) Definitions.--In this section:\n (1) Applicable individual.--The term ``applicable \n individual'' means a part D eligible individual (as defined in \n section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. \n 1395w-101(a)(3)(A)) who, with respect to a year--\n (A) is enrolled in a prescription drug plan or an \n MA-PD plan that does not provide any coverage of \n covered part D drugs (as so defined) after the \n individual has reached the initial coverage limit under \n the plan but has not reached such annual out-of-pocket \n threshold; and\n (B) has reached such initial coverage limit or is \n within $750 of reaching such limit.\n (2) Prescription drug plan; ma-pd plan.--The terms \n ``prescription drug plan'' and ``MA-PD plan'' have the meanings \n given those terms in section 1860D-41(a)(14) of the Social \n Security Act (42 U.S.C. 1395w-151(a)(14)) and section 1860D-\n 1(a)(3)(C) of such Act (42 U.S.C. 1395w-101(a)(3)(C)), \n respectively.\n\nSEC. 3. GAO STUDY AND REPORT ON THE ELIMINATION OF THE MEDICARE PART D \n COVERAGE GAP.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study on--\n (1) the costs to the Medicare program of eliminating the \n initial coverage limit under paragraph (3) of section 1860D-\n 2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) (and \n providing that standard prescription drug coverage included the \n coverage described in paragraph (2) of such section until the \n individual reached the annual out-of-pocket threshold under \n subsection (b)(4)(B) of such section); and\n (2) the adjustment to the coinsurance under paragraph (2) \n of such section that would be necessary to eliminate the \n initial coverage limit (and provide that standard prescription \n drug coverage included such adjusted coinsurance amount until \n the individual reached such annual out-of-pocket threshold) \n without increasing the costs to the Medicare program.\n (b) Report.--Not later than May 1, 2007, the Comptroller General of \nthe United States shall submit a report to Congress on the study \nconducted under subsection (a) together with such recommendations as \nthe Comptroller General determines to be appropriate.","summary":"Medicare Prescription Drug Lifeline Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which an individual may terminate enrollment in the prescription drug plan or the Medicare Advantage Prescription Drug (MA-PD) Plan in which he or she is enrolled and enroll in any prescription drug plan or MA-PD Plan serving the area where the individual resides that provides some coverage of covered part D drugs after the individual has reached the initial coverage limit but not yet the annual out-of-pocket threshold. Sets forth a special rule permitting applicable individuals to enroll in a prescription drug plan outside the region in which they reside. Directs the Comptroller General to study and report to Congress on: (1) the costs to the Medicare program of eliminating the initial coverage limit and providing specified standard prescription drug coverage until the individual reaches the annual out-of-pocket threshold. And (2) the adjustment to the applicable coinsurance that would be necessary to eliminate the initial coverage limit under such conditions without increasing the costs to the Medicare program.","title":"A bill to provide for a temporary process for individuals entering the Medicare coverage gap to switch to a plan that provides coverage in the gap.","text_len":5212,"sum_len":1158} {"bill_id":"107_s2774","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``APHIS Function Transfer Act''.\n\nSEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE \n DEPARTMENT OF AGRICULTURE.\n\n (a) Definitions.--In this section:\n (1) Covered law.--The term ``covered law'' means--\n (A) the first section of the Act of August 31, 1922 \n (7 U.S.C. 281);\n (B) title III of the Federal Seed Act (7 U.S.C. \n 1581 et seq.);\n (C) the Plant Protection Act (7 U.S.C. 7701 et \n seq.);\n (D) the Animal Health Protection Act (7 U.S.C. 8301 \n et seq.);\n (E) section 11 of the Endangered Species Act of \n 1973 (16 U.S.C. 1540).\n (F) the Lacey Act Amendments of 1981 (16 U.S.C. \n 3371 et seq.); and\n (G) the eighth paragraph under the heading ``BUREAU \n OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21 \n U.S.C. 151 et seq.) (commonly known as the ``Virus-\n Serum-Toxin Act'');\n (2) Function.--The term ``function'' does not include any \n quarantine activity carried out under a covered law.\n (b) Transfer.--There is transferred to the Secretary of Homeland \nSecurity the functions of the Secretary of Agriculture relating to \nagricultural import and entry inspection activities under each covered \nlaw.\n (c) Effect of Transfer.--\n (1) Compliance with department of agriculture \n regulations.--The authority transferred under subsection (b) \n shall be exercised by the Secretary of Homeland Security in \n accordance with the regulations, policies, and procedures \n issued by the Secretary of Agriculture regarding the \n administration of each applicable covered law.\n (2) Rulemaking coordination.--The Secretary of Agriculture \n shall coordinate with the Secretary of Homeland Security in any \n case in which the Secretary of Agriculture prescribes \n regulations, policies, or procedures for administering a \n covered law at--\n (A) a port of entry to the United States; or\n (B) any other similar location, as determined by \n the Secretary of Agriculture.\n (3) Effective administration.--The Secretary of Homeland \n Security, in consultation with the Secretary of Agriculture, \n may issue such directives and guidelines as are necessary to \n ensure the effective use of personnel of the Department of \n Homeland Security to carry out the functions transferred under \n subsection (b).\n (d) Transfer Agreement.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary of Agriculture and the \n Secretary of Homeland Security shall enter into an agreement to \n effectuate the transfer of functions required by subsection \n (b).\n (2) Required terms.--The agreement required by this \n subsection shall specifically address--\n (A) the supervision by the Secretary of Agriculture \n of the training of employees of the Secretary of \n Homeland Security to carry out the functions \n transferred under subsection (b); and\n (B) the transfer of funds to the Secretary of \n Homeland Security under subsection (e).\n (3) Revision.--After the date of execution of the agreement \n described in paragraph (1), the Secretary of Agriculture and \n the Secretary of Homeland Security may jointly revise the \n agreement, as necessary.\n (4) Cooperation and reciprocity.--The Secretary of \n Agriculture and the Secretary of Homeland Security may include \n as part of the agreement--\n (A) authority under which the Secretary of Homeland \n Security may perform functions that--\n (i) are delegated to the Animal and Plant \n Health Inspection Service of the Department of \n Agriculture regarding the protection of \n domestic livestock and plants; but\n (ii) are not transferred to the Secretary \n of Homeland Security under subsection (b); and\n (B) authority under which the Secretary of \n Agriculture may use employees of the Department of \n Homeland Security to carry out authorities delegated to \n the Animal and Plant Health Inspection Service \n regarding the protection of domestic livestock and \n plants.\n (e) Periodic Transfer of Funds to Department of Homeland \nSecurity.--\n (1) Transfer of funds.--Subject to paragraph (2), out of \n any funds collected as fees under sections 2508 and 2509 of the \n Food, Agriculture, Conservation, and Trade Act of 1990 (21 \n U.S.C. 136, 136a), the Secretary of Agriculture shall \nperiodically transfer to the Secretary of Homeland Security, in \naccordance with the agreement under subsection (d), funds for \nactivities carried out by the Secretary of Homeland Security for which \nthe fees were collected.\n (2) Limitation.--The proportion of fees collected under \n sections 2508 and 2509 of the Food, Agriculture, Conservation, \n and Trade Act of 1990 (21 U.S.C. 136, 136a) that are \n transferred to the Secretary of Homeland Security under \n paragraph (1) may not exceed the proportion that--\n (A) the costs incurred by the Secretary of Homeland \n Security to carry out activities funded by those fees; \n bears to\n (B) the costs incurred by the Federal Government to \n carry out activities funded by those fees.\n (f) Transfer of Department of Agriculture Employees.--In carrying \nout this section, the Secretary of Agriculture shall transfer to the \nSecretary of Homeland Security not more than 3,200 full-time equivalent \npositions of the Department of Agriculture.\n (g) Protection of Inspection Animals.--\n (1) Definition of secretary concerned.--Title V of the \n Agricultural Risk Protection Act of 2000 is amended--\n (A) by redesignating sections 501 and 502 (7 U.S.C. \n 2279e, 2279f) as sections 502 and 503, respectively; \n and\n (B) by inserting before section 502 (as \n redesignated by paragraph (1)) the following:\n\n``SEC. 501. DEFINITION OF SECRETARY CONCERNED.\n\n ``In this title, the term `Secretary concerned' means--\n ``(1) the Secretary of Agriculture, with respect to an \n animal used for purposes of official inspections by the \n Department of Agriculture; and\n ``(2) the Secretary of Homeland Security, with respect to \n an animal used for purposes of official inspections by the \n Department of Homeland Security.''.\n (2) Conforming amendments.--\n (A) Section 502 of the Agricultural Risk Protection \n Act of 2000 (as redesignated by paragraph (1)(A)) is \n amended--\n (i) in subsection (a)--\n (I) by inserting ``or the \n Department of Homeland Security'' after \n ``Department of Agriculture''; and\n (II) by inserting ``or the \n Secretary of Homeland Security'' after \n ``Secretary of Agriculture''; and\n (ii) by striking ``Secretary'' each place \n it appears (other than in subsections (a) and \n (e)) and inserting ``Secretary concerned''.\n (B) Section 503 of the Agricultural Risk Protection \n Act of 2000 (as redesignated by paragraph (1)(A)) is \n amended by striking ``501'' each place it appears and \n inserting ``502''.\n\nSEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF \n AGRICULTURE.\n\n (a) In General.--The Secretary of Agriculture shall transfer to the \nSecretary of Homeland Security the Plum Island Animal Disease Center of \nthe Department of Agriculture, including the assets and liabilities of \nthe Center.\n (b) Continued Department of Agriculture Access.--On completion of \nthe transfer of the Plum Island Animal Disease Center under subsection \n(a), the Secretary of Homeland Security and the Secretary of \nAgriculture shall enter into an agreement to ensure that the Secretary \nof Agriculture retains access to the Center for research, diagnostic, \nand other activities of the Department of Agriculture.","summary":"APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees, and (2) Plum Island Animal Disease Center .","title":"A bill to transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relative to agricultural import and entry inspection activities.","text_len":9141,"sum_len":243} {"bill_id":"114_s1219","text":"SECTION 1. RELIABILITY AND DISTRIBUTED RESOURCES.\n\n Section 111(d) of the Public Utility Regulatory Policies Act of \n1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:\n ``(20) Consideration of safe and reliable interconnection \n of distributed resources.--\n ``(A) Definitions.--In this paragraph:\n ``(i) Ancillary service.--The term \n `ancillary service' includes--\n ``(I) reactive supply;\n ``(II) regulation and frequency \n response;\n ``(III) energy imbalance;\n ``(IV) operating reserves;\n ``(V) generation imbalance; and\n ``(VI) flexibility and ramping \n services.\n ``(ii) Distributed resource.--The term \n `distributed resource' means an electric power \n source connected directly to the distribution \n network or on the customer side of the meter.\n ``(B) Requirement for proceedings related to \n distributed resources.--Each State regulatory authority \n shall--\n ``(i) establish proceedings to examine the \n degree to which distributed resources \n contribute ancillary services; and\n ``(ii) prescribe appropriate measures to \n ensure adequate ancillary services so that grid \n interconnection for distributed resources is \n safe, reliable, and efficient.''.\n\nSEC. 2. NET METERING EFFECTS.\n\n Section 111(d) of the Public Utility Regulatory Policies Act of \n1978 (16 U.S.C. 2621(d)) (as amended by section 1) is amended by adding \nat the end the following:\n ``(21) Net metering effects.--Each State regulatory \n authority shall--\n ``(A) establish proceedings to examine the effects \n of net metering and customer-owned distributed \n generation on resource planning of each electric \n utility, including--\n ``(i) the effects on resource utilization, \n fuel diversity, grid security, and shifting of \n grid costs to customers who do not use net \n metering or customer-owned distributed \n generation; and\n ``(ii) the impact on--\n ``(I) the financial health of the \n entity providing distribution services; \n and\n ``(II) the ability of the entity to \n attract investment in light of net \n metering and customer-owned distributed \n generation within the State; and\n ``(B) establish proceedings to determine whether \n electricity rates established for net metering service \n are just and reasonable and not unduly preferential or \n discriminatory, in accordance with State law.''.\n\nSEC. 3. COMPLIANCE.\n\n (a) Time Limitations.--Section 112(b) of the Public Utility \nRegulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by \nadding at the end the following:\n ``(7)(A) Not later than 1 year after the date of enactment \n of this paragraph, each State regulatory authority (with \n respect to each electric utility for which the authority has \n ratemaking authority) and each nonregulated electric utility \n shall, with respect to the standard established by paragraphs \n (20) and (21) of section 111(d)--\n ``(i) commence the consideration required under \n those paragraphs; or\n ``(ii) set a hearing date for such consideration, \n with respect to the standard established by paragraphs \n (20) and (21) of section 111(d).\n ``(B) Not later than 2 years after the date of enactment of \n this paragraph, each State regulatory authority (with respect \n to each electric utility for which the authority has ratemaking \n authority) and each nonregulated electric utility shall, with \n respect to the standards established by paragraphs (20) and \n (21) of section 111(d)--\n ``(i) complete the consideration required under \n those paragraphs; and\n ``(ii) make the determination referred to in \n section 111 with respect to the standards established \n by those paragraphs.''.\n (b) Failure To Comply.--Section 112(c) of the Public Utility \nRegulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by \nadding at the end the following: ``In the case of the standard \nestablished by paragraphs (20) and (21) of section 111(d), the \nreference contained in this subsection to the date of enactment of this \nAct shall be deemed to be a reference to the date of enactment of those \nparagraphs.''.","summary":"This bill amends the Public Utility Regulatory Policies Act of 1978 to define quot, distributed resourcequot. As an electric power source connected directly to the distribution network or on the customer side of the meter. State regulatory authorities shall by certain deadlines: establish proceedings to examine the degree to which distributed resources contribute specified ancillary services, such as reactive supply, energy imbalance, and flexibility and ramping services, among others. Prescribe measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient. Examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, and determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory.","title":"A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide for the safe and reliable interconnection of distributed resources and to provide for the examination of the effects of net metering.","text_len":5465,"sum_len":909} {"bill_id":"111_hr3287","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Childcare Accountability and \nResponsibility Act of 2009'' or the ``CARE for Kids Act of 2009''.\n\nSEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.\n\n The Child Care and Development Block Grant Act of 1990 (42 U.S.C. \n9858 et seq.) is amended by inserting after section 658G the following \nnew section:\n\n``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD \n CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE \n THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT \n BLOCK GRANT PROGRAM.\n\n ``(a) Criminal Background Check.--\n ``(1) Requirement of a criminal background check.--A State \n and national criminal background check for a child care staff \n member of a child care provider is required in any State that \n receives funds under this subchapter. The criminal background \n check shall include--\n ``(A) a search of the National Sex Offender \n Registry established pursuant to the Adam Walsh Child \n Protection and Safety Act of 2006 (42 U.S.C. 16901 et \n seq.);\n ``(B) a search of the National Crime Information \n Center;\n ``(C) a search of the State criminal registry or \n repository in the State in which the child care staff \n member resides and each State where such staff member \n previously resided;\n ``(D) a search of State-based abuse and neglect \n registries and databases, including the abuse and \n neglect registries and databases of each State where \n the child care staff member previously resided; and\n ``(E) a Federal Bureau of Investigation fingerprint \n check using the Integrated Automated Fingerprint \n Identification System.\n ``(2) Submittal of requests.--Subject to paragraph (3), a \n child care provider shall submit a request for a State and \n national criminal background check to the appropriate State \n agency designated by the State--\n ``(A) for each child care staff member prior to its \n submission of an application for a State child care \n license, except that this subparagraph shall not apply \n to any additional applications submitted within a 5-\n year period after such request for a criminal \n background check under paragraph (2) and such \n submission of an application under this subparagraph is \n made by the child care provider;\n ``(B) for each child care staff member;\n ``(C) for each prospective child care staff member \n prior to their beginning date of employment; and\n ``(D) in each 5-year period after the date of the \n child care provider's first request for a criminal \n background check for the child care staff member.\n ``(3) Limitation on requests.--Not more than 1 request for \n a State and national criminal background check under paragraph \n (2) is required for any child care staff member for each 5-year \n period after such request for the criminal background check for \n such staff member.\n ``(4) Results.--Not later than 10 business days after the \n date of which a request by a child care provider is made for a \n State and national criminal background check and is received by \n the appropriate State agency, such agency shall provide the \n results of the criminal background check to such provider.\n ``(5) Ineligibility.--A child care provider shall be \n ineligible for receipt of a child care certificate as payment \n for child care services, and a child care staff member shall be \n ineligible for employment by any child care provider in a \n State, if any such criminal background check of the child care \n staff member of the provider reveals a felony conviction for--\n ``(A) child abuse or neglect;\n ``(B) spousal abuse;\n ``(C) a crime against children (including child \n pornography);\n ``(D) a violent crime, including--\n ``(i) physical assault or battery;\n ``(ii) rape;\n ``(iii) sexual assault; or\n ``(iv) homicide; or\n ``(E) a drug-related offense committed within 5 \n years prior to submission to a criminal background \n check.\n ``(6) Appeals.--Not later than 30 days after receipt of the \n results of a criminal background check, a child care provider \n may appeal such results to the appropriate State agency \n designated by the State.\n ``(7) Fees.--To defray the costs of carrying out the duties \n described in this subsection, a State may collect 1 fee per \n criminal background check from a child care provider in an \n amount not to exceed the actual costs to the State for the \n administration of all required criminal background checks, and \n such fee for all required criminal background checks may not \n exceed a total of $36.\n ``(b) State Compliance.--\n ``(1) Noncompliance.--\n ``(A) Penalty.--A State that fails to satisfy the \n requirements of this section shall not receive 2 \n percent of the grant funds that it would otherwise be \n allocated for that fiscal year.\n ``(B) Unallocated grant funds.--Grant funds not \n allocated under subparagraph (A) shall be distributed \n in the first fiscal year that the State meets the \n requirements.\n ``(2) Time limitation.--A State shall have 3 years to \n implement the requirements of this section.\n ``(3) Extension of time.--The Secretary may grant an \n extension, no longer than 2 years, to a State that makes a good \n faith effort to satisfy the requirements of this section.\n ``(c) Definition.--The term `child care staff member' means an \nindividual that provides child care services for compensation and on a \nregular basis (other than an individual who is related to the child or \nchildren for whom services are provided), regardless of whether the \nservices are provided for a child care provider or a family child care \nprovider.\n ``(d) Authorization of Appropriations To Conduct Criminal \nBackground Checks.--There are authorized to be appropriated such sums \nas necessary to offset the administrative costs to conduct State and \nnational criminal background checks under this section.''.","summary":"Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases, and (2) a Federal Bureau of Investigation (FBI) fingerprint check.","title":"To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.","text_len":7076,"sum_len":618} {"bill_id":"108_hr497","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom from Unfair Energy Levy \nAct''.\n\nSEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES.\n\n (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the \nInternal Revenue Code of 1986 (relating to imposition of tax on \ngasoline, diesel fuel, and kerosene) is amended by adding at the end \nthe following new subsection:\n ``(f) Temporary Suspension of Fuel Taxes.--\n ``(1) In general.--During the suspension period, each rate \n of tax referred to in paragraph (2) shall be reduced to zero.\n ``(2) Rates of tax.--The rates of tax referred to in this \n paragraph are the rates of tax otherwise applicable under--\n ``(A) subsection (a)(2)(A) (relating to gasoline, \n diesel fuel, and kerosene),\n ``(B) sections 4091(b)(3)(A) (relating to aviation \n fuel),\n ``(C) section 4042(b)(2)(C) (relating to fuel used \n on inland waterways),\n ``(D) paragraph (1), (2), or (3) of section 4041(a) \n (relating to diesel fuel, special fuels, and compressed \n natural gas), and\n ``(E) section 4041(m)(1)(A)(i) (relating to certain \n methanol or ethanol fuels).\n ``(3) Suspension period.--For purposes of this subsection, \n the term `suspension period' means the 180-day period beginning \n on the 30th day after the date of the enactment of this \n subsection.''\n (b) Effective Date.--The amendment made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES.\n\n (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the \nInternal Revenue Code of 1986 is amended by striking ``18.3 cents'' and \ninserting ``14 cents''.\n (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of \nsuch Code is amended by striking ``19.3 cents'' and inserting ``15 \ncents''.\n (c) Diesel Fuel and Kerosene.--Clause (iii) of section \n4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and \ninserting ``20 cents''.\n (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code \nis amended by striking ``21.8 cents'' and inserting ``17.5 cents''.\n (e) Fuel Used on Inland Waterways.--\n (1) Paragraph (1) of section 4042(b) of such Code is \n amended by adding ``and'' at the end of subparagraph (A), by \n striking ``, and'' at the end of subparagraph (B) and inserting \n a period, and by striking subparagraph (C).\n (2) Paragraph (2) of section 4042(b) of such Code is \n amended by striking subparagraph (C).\n (f) Technical Amendments.--\n (1) Subparagraph (B) of section 40(e)(1) of such Code is \n amended by striking ``during which the rates of tax under \n section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting \n ``during which the rate of tax under section 4081(a)(2)(A)(i) \n does not apply''.\n (2) Subparagraph (A) of section 4041(a)(1) of such Code is \n amended by striking ``or a diesel-powered train'' each place it \n appears and by striking ``or train''.\n (3) Subparagraph (C) of section 4041(a)(1) of such Code is \n amended by striking clause (ii) and by redesignating clause \n (iii) as clause (ii).\n (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such \n Code, as redesignated by paragraph (3), is amended by striking \n ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 \n cents per gallon'' and inserting ``zero''.\n (5) Subsection (a) of section 4041 of such Code is amended \n by striking paragraph (3).\n (6) Subparagraph (C) of section 4041(b)(1) of such Code is \n amended by striking all that follows ``section 6421(e)(2)'' and \n inserting a period.\n (7) Subparagraph (B) of section 4041(a)(2) of such Code is \n amended by striking all that follows clause (i) and inserting \n the following new clauses:\n ``(ii) 10.4 cents per gallon in the case of \n liquefied petroleum gas, and\n ``(iii) 9.1 cents per gallon in the case of \n liquefied natural gas.''\n (8) Paragraph (3) of section 4041(c) of such Code is \n amended to read as follows:\n ``(3) Termination.--The rate of the taxes imposed by \n paragraph (1) shall be zero after September 30, 2007.''\n (9) Subsection (d) of section 4041 of such Code is amended \n by redesignating paragraph (3) as paragraph (4) and by \n inserting after paragraph (2) the following new paragraph:\n ``(3) Diesel fuel used in trains.--There is hereby imposed \n a tax of 0.1 cent per gallon on any liquid other than gasoline \n (as defined in section 4083)--\n ``(A) sold by any person to an owner, lessee, or \n other operator of a diesel-powered train for use as a \n fuel in such train, or\n ``(B) used by any person as a fuel in a diesel-\n powered train unless there was a taxable sale of such \n fuel under subparagraph (A).\n No tax shall be imposed by this paragraph on the sale or use of \n any liquid if tax was imposed on such liquid under section \n 4081.''\n (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such \n Code are amended to read as follows:\n ``(i) 7 cents per gallon on and after the \n date of the enactment of this clause and before \n October 1, 2005, and\n ``(ii) zero after September 30, 2005, \n and''.\n (11) Subsection (c) of section 4081 of such Code is amended \n by striking paragraph (6) and by redesignating paragraphs (7) \n and (8) as paragraphs (6) and (7), respectively.\n (12) Paragraphs (1) and (2) of section 4081(d) of such Code \n are amended to read as follows:\n ``(1) In general.--The rates of tax specified in clauses \n (i) and (iii) of subsection (a)(2)(A) shall be zero after \n September 30, 2005.\n ``(2) Aviation gasoline.--The rate of tax specified in \n subsection (a)(2)(A)(ii) shall be zero after September 30, \n 2007.''\n (13) Subsection (f) of section 4082 of such Code is amended \n by striking ``section 4041(a)(1)'' and inserting ``subsections \n (d)(3) and (a)(1) of section 4041, respectively''.\n (14) Paragraph (3) of section 4083(a) of such Code is \n amended by striking ``or a diesel-powered train''.\n (15) Subparagraph (A) of section 4091(b)(3) of such Code is \n amended to read as follows:\n ``(A) The rate of tax specified in paragraph (1) \n shall be zero after September 30, 2007.''\n (16) Paragraph (1) of section 4091(c) of such Code is \n amended--\n (A) by striking ``14 cents'' and inserting ``9.7 \n cents'',\n (B) by striking ``13.3 cents'' and inserting ``9 \n cents'',\n (C) by striking ``13.2 cents'' and inserting ``8.9 \n cents'',\n (D) by striking ``13.1 cents'' and inserting ``8.8 \n cents'', and\n (E) by striking ``13.4 cents'' and inserting ``9.1 \n cents''.\n (17) Subsection (c) of section 4091 of such Code is amended \n by striking paragraph (4), and by redesignating paragraph (5) \n as paragraph (4).\n (18) Subsection (b) of section 4092 of such Code is amended \n by striking ``attributable to'' and all that follows and \n inserting ``attributable to the Leaking Underground Storage \n Tank Trust Fund financing rate imposed by such section. For \n purposes of the preceding sentence, the term `commercial \n aviation' means any use of an aircraft other than in \n noncommercial aviation (as defined in section 4041(c)(2)).''\n (19) Subparagraph (B) of section 6421(f)(2) of such Code is \n amended by striking ``and,'' and all that follows and inserting \n a period.\n (20) Paragraph (3) of section 6421(f) of such Code is \n amended to read as follows:\n ``(3) Gasoline used in trains.--In the case of gasoline \n used as a fuel in a train, this section shall not apply with \n respect to the Leaking Underground Storage Tank Trust Fund \n financing rate under section 4081.''\n (21) Subparagraph (A) of section 6427(b)(2) of such Code is \n amended by striking ``7.4 cents'' and inserting ``3.1 cents''.\n (22) Paragraph (3) of section 6427(l) of such Code is \n amended to read as follows:\n ``(3) Refund of certain taxes on fuel used in diesel-\n powered trains.--For purposes of this subsection, the term \n `nontaxable use' includes fuel used in a diesel-powered train. \n The preceding sentence shall not apply to the tax imposed by \n section 4041(d) and the Leaking Underground Storage Tank Trust \n Fund financing rate under section 4081 except with respect to \n fuel sold for exclusive use by a State or any political \n subdivision thereof.''\n (23) Paragraph (4) of section 6427(l) of such Code is \n amended by striking ``attributable to'' and all that follows \n through the period and inserting ``attributable to the Leaking \n Underground Storage Tank Trust Fund financing rate imposed by \n such section.''\n (g) Effective Date.--The amendments made by this section shall take \neffect on the day after the suspension period ends under section \n4081(f) of the Internal Revenue Code of 1986 (as added by section 2).\n\nSEC. 4. FLOOR STOCK REFUNDS.\n\n (a) In General.--If--\n (1) before the tax suspension date, tax has been imposed \n under section 4081 or 4091 of the Internal Revenue Code of 1986 \n on any liquid, and\n (2) on such date such liquid is held by a dealer and has \n not been used and is intended for sale,\nthere shall be credited or refunded (without interest) to the person \nwho paid such tax (hereafter in this section referred to as the \n``taxpayer'') an amount equal to the excess of the tax paid by the \ntaxpayer over the amount of such tax which would be imposed on such \nliquid had the taxable event occurred on such date.\n (b) Time for Filing Claims.--No credit or refund shall be allowed \nor made under this section unless--\n (1) claim therefor is filed with the Secretary of the \n Treasury before the date which is 6 months after the tax \n suspension date, and\n (2) in any case where liquid is held by a dealer (other \n than the taxpayer) on the tax suspension date--\n (A) the dealer submits a request for refund or \n credit to the taxpayer before the date which is 3 \n months after the tax suspension date, and\n (B) the taxpayer has repaid or agreed to repay the \n amount so claimed to such dealer or has obtained the \n written consent of such dealer to the allowance of the \n credit or the making of the refund.\n (c) Exception for Fuel Held in Retail Stocks.--No credit or refund \nshall be allowed under this section with respect to any liquid in \nretail stocks held at the place where intended to be sold at retail.\n (d) Definitions.--For purposes of this section--\n (1) the terms ``dealer'' and ``held by a dealer'' have the \n respective meanings given to such terms by section 6412 of such \n Code; except that the term ``dealer'' includes a producer, and\n (2) the term ``tax suspension date'' means the date on \n which the suspension period begins under section 4081(f) of the \n Internal Revenue Code of 1986 (as added by section 2).\n (e) Certain Rules To Apply.--Rules similar to the rules of \nsubsections (b) and (c) of section 6412 of such Code shall apply for \npurposes of this section.\n\nSEC. 5. FLOOR STOCKS TAX.\n\n (a) Imposition of Tax.--In the case of any taxable liquid which is \nheld on the floor stocks tax date by any person, there is hereby \nimposed a floor stocks tax equal to the excess of the tax which would \nbe imposed under section 4041, 4081, or 4091 of the Internal Revenue \nCode of 1986 on such liquid had the taxable event occurred on the floor \nstocks tax date over the tax paid under such sections on such liquid.\n (b) Liability for Tax and Method of Payment.--\n (1) Liability for tax.--A person holding a liquid on the \n floor stocks tax date to which the tax imposed by subsection \n (a) applies shall be liable for such tax.\n (2) Method of payment.--The tax imposed by subsection (a) \n shall be paid in such manner as the Secretary shall prescribe.\n (3) Time for payment.--The tax imposed by subsection (a) \n shall be paid on or before the date which is 6 months after the \n floor stocks tax date.\n (c) Definitions.--For purposes of this section--\n (1) Held by a person.--A liquid shall be considered as \n ``held by a person'' if title thereto has passed to such person \n (whether or not delivery to the person has been made).\n (2) Taxable liquid.--The term ``taxable liquid'' means any \n liquid on which tax is imposed under section 4041, 4081, or \n 4091 of the Internal Revenue Code of 1986 on the floor stocks \n tax date.\n (3) Gasoline and diesel fuel.--The terms ``gasoline'' and \n ``diesel fuel'' have the respective meanings given such terms \n by section 4083 of such Code.\n (4) Aviation fuel.--The term ``aviation fuel'' has the \n meaning given such term by section 4093 of such Code.\n (5) Floor stocks tax date.--The term ``floor stocks tax \n date'' means the day after the end of the suspension period \n under section 4081(f) of such Code (as added by section 2).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury or the Secretary's delegate.\n (d) Exception for Exempt Uses.--The tax imposed by subsection (a) \nshall not apply to taxable liquid held by any person exclusively for \nany use to the extent a credit or refund of the tax imposed by section \n4041, 4081, or 4091 of such Code is allowable for such use.\n (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be \nimposed by subsection (a) on taxable liquid held in the tank of a motor \nvehicle or motorboat.\n (f) Exception for Certain Amounts of Fuel.--\n (1) In general.--No tax shall be imposed by subsection \n (a)--\n (A) on gasoline held on the floor stocks tax date \n by any person if the aggregate amount of gasoline held \n by such person on such date does not exceed 4,000 \n gallons, and\n (B) on diesel fuel, kerosene, or aviation fuel held \n on such date by any person if the aggregate amount of \n diesel fuel, kerosene, or aviation fuel held by such \n person on such date does not exceed 2,000 gallons.\n The preceding sentence shall apply only if such person submits \n to the Secretary (at the time and in the manner required by the \n Secretary) such information as the Secretary shall require for \n purposes of this paragraph.\n (2) Exempt fuel.--For purposes of paragraph (1), there \n shall not be taken into account fuel held by any person which \n is exempt from the tax imposed by subsection (a) by reason of \n subsection (d) or (e).\n (3) Controlled groups.--For purposes of this subsection--\n (A) Corporations.--\n (i) In general.--All persons treated as a \n controlled group shall be treated as 1 person.\n (ii) Controlled group.--The term \n ``controlled group'' has the meaning given to \n such term by subsection (a) of section 1563 of \n such Code; except that for such purposes the \n phrase ``more than 50 percent'' shall be \n substituted for the phrase ``at least 80 \n percent'' each place it appears in such \n subsection.\n (B) Nonincorporated persons under common control.--\n Under regulations prescribed by the Secretary, \n principles similar to the principles of subparagraph \n (A) shall apply to a group of persons under common \n control where 1 or more of such persons is not a \n corporation.\n (g) Other Law Applicable.--All provisions of law, including \npenalties, applicable with respect to the taxes imposed by section \n4041(a)(2) of such Code in the case of special fuels; by section 4081 \nof such Code in the case of gasoline, diesel fuel, and kerosene; and by \nsection 4091 of such Code in the case of aviation fuel shall, insofar \nas applicable and not inconsistent with the provisions of this \nsubsection, apply with respect to the floor stock taxes imposed by \nsubsection (a) to the same extent as if such taxes were imposed by such \nsection 4041, 4081, or 4091.","summary":"Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes. And (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions.","title":"To amend the Internal Revenue Code of 1986 to suspend all motor fuel taxes for six months, and to permanently repeal the 4.3-cent per gallon increases in motor fuel taxes enacted in 1993.","text_len":17958,"sum_len":232} {"bill_id":"107_s2844","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Incentives to Educate American \nChildren (I Teach) Act of 2002''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) An estimated 2,000,000 new teachers will be needed over \n the next decade.\n (2) Under the No Child Left Behind Act of 2001, States must \n recruit qualified teachers by 2006, yet schools in rural areas \n and public schools with high poverty have trouble attracting \n and retaining teachers.\n (3) Fourteen percent of America's school children attend \n rural schools, and according to the Rural School and Community \n Trust 2000 report, ``Why Rural Matters'', rural education is \n crucial or very important to overall education performance in \n 25 States, so recruitment and retention of teachers is \n essential.\n (4) A 2000 study by the Education Trust reports that high \n poverty schools are twice as likely not to have teachers \n certified in their fields than other schools, which highlights \n that high poverty schools will need special help to meet the \n goals of No Child Left Behind Act of 2001.\n (5) The National Board for Professional Teaching Standards \n was founded in 1987, as a follow up to the landmark 1983 \n report, ``A Nation at Risk'', by the Carnegie Task Force on \n Teaching. The National Board for Professional Teaching \n Standards is an independent, nonprofit, and nonpartisan \n organization the mission of which is to establish high and \n rigorous standards for what accomplished teachers should know \n and be able to do.\n (6) Over 16,000 teachers from all 50 States and the \n District of Columbia have completed certification by the \n National Board for Professional Teaching Standards, which \n certification is a rigorous assessment process for teachers.\n (7) Recent data from the Accomplished Teaching Validation \n Study have demonstrated that teachers who are certified by the \n National Board for Professional Teaching Standards \n significantly outperform their peers who are not National Board \n certified on 11 of 13 key measures of teaching expertise.\n (8) Teacher salaries have remained stagnant over the past \n decade, according to a study by the National Education \n Association, and \\2\/3\\ of the States do not meet the national \n average of $40,582 for teacher salaries.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To encourage teachers, through a refundable tax credit, \n to work in public elementary and secondary schools located in \n rural areas or schools with high poverty.\n (2) To provide an additional tax credit to teachers who \n achieve certification from the National Board for Professional \n Teaching Standards in order to recruit and retain highly \n qualified teachers in public elementary and secondary schools.\n\nSEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY \n AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL \n AREAS AND CERTIFIED TEACHERS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND \n SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS \n AND CERTIFIED TEACHERS.\n\n ``(a) Allowance of Credit.--In the case of an eligible teacher, \nthere shall be allowed as a credit against the tax imposed by this \nsubtitle for the taxable year an amount equal to the applicable amount \nfor the eligible academic year ending during such taxable year.\n ``(b) Applicable Amount.--For purposes of this section--\n ``(1) Teachers in schools in rural areas or schools with \n high poverty.--\n ``(A) In general.--In the case of an eligible \n teacher who performs services in a public kindergarten \n or a public elementary or secondary school described in \n subparagraph (B) during the eligible academic year, the \n applicable amount is $1,000.\n ``(B) School described.--A public kindergarten or a \n public elementary or secondary school is described in \n this subparagraph if--\n ``(i) at least 75 percent of the students \n attending such kindergarten or school receive \n free or reduced-cost lunches under the school \n lunch program established under the National \n School Lunch Act, or\n ``(ii) such kindergarten or school has a \n School Locale Code of 7 or 8, as determined by \n the Secretary of Education.\n ``(2) Certified teachers.--In the case of an eligible \n teacher who is certified by the National Board for Professional \n Teaching Standards for the eligible academic year, the \n applicable amount is $1,000.\n ``(3) Certified teachers in schools in rural areas or \n schools with high poverty.--In the case of an eligible teacher \n described in paragraphs (1) and (2), the applicable amount is \n $2,000.\n ``(c) Eligible Teacher.--For purposes of this section, the term \n`eligible teacher' means, for any eligible academic year, an individual \nwho is a kindergarten through grade 12 classroom teacher or instructor \nin a public kindergarten or a public elementary or secondary school on \na full-time basis for such eligible academic year.\n ``(d) Additional Definitions.--For purposes of this section--\n ``(1) Elementary and secondary schools.--The terms \n `elementary school' and `secondary school' have the respective \n meanings given such terms by section 9101 of the Elementary and \n Secondary Education Act of 1965.\n ``(2) Eligible academic year.--The term `eligible academic \n year' means any academic year ending in a taxable year \n beginning after December 31, 2002.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 35 of such Code''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the item relating to section 35 and \n inserting the following new items:\n\n``Sec. 35. Tax credit for individuals teaching in elementary and \n secondary schools located in high poverty \n or rural areas and certified teachers.\n``Sec. 36. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to academic years ending in taxable years beginning after \nDecember 31, 2002.","summary":"Incentives to Educate American Children Act of 2002 - Amends the Internal Revenue Code to permit a tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty. And (2) teachers certified by the National Board for Professional Teaching Standards. Grants a credit of $2,000 for a teacher meeting both criteria.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a tax incentive to individuals teaching in elementary and secondary schools located in rural or high unemployment areas and to individuals who achieve certification from the National Board for Professional Teaching Standards, and for other purposes.","text_len":7398,"sum_len":395} {"bill_id":"110_hr5858","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Combating Climate Change Through \nIndividual Action Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Agricultural, grassland, and forestry practices play an \n essential role in capturing atmospheric carbon and sequestering \n it as soil organic matter.\n (2) Released carbon can be captured through improved \n grassland management, tree planting, forest preservation, and \n enhanced agronomic and irrigation practices.\n (3) Promoting increased natural carbon sinks could have a \n significant impact on the world's projected carbon emissions \n from the burning of fossil fuels.\n (4) Certain agricultural and forestry practices can reduce \n greenhouse gases: (A) avoiding emissions by maintaining \n existing carbon storage in trees and soils; (B) increasing \n carbon storage by, e.g., tree planting, conversion from \n conventional to conservation tillage practices on agricultural \n lands;\n (5) The large potentials exist through known cropping and \n land management practices such as adoption of no-till, reduced \n fallow and use of cover crops, and conservation set-asides with \n perennial grasses and trees.\n\nSEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION.\n\n ``(a) In General.--For purposes of section 38, in the case of a \ntaxpayer engaged in the business of farming, the credit determined \nunder this section for the taxable year is an amount equal to 30 \npercent of the qualified carbon sequestration and soil conservation \nexpenditures for the taxable year which are paid or incurred with \nrespect to the land used in such farming.\n ``(b) Limitation.--The credit allowed with respect to a taxpayer \nunder this section for a taxable year shall not exceed an amount equal \nto $10,000, reduced by the sum of the credits allowed with respect to \nthe taxpayer under subsection (a) for all preceding taxable years.\n ``(c) Qualified Carbon Sequestration and Soil Conservation \nExpenses.--For purposes of this section--\n ``(1) In general.--The term `qualified carbon sequestration \n and soil conservation expenditures' means amounts paid or \n incurred to sequester carbon and conserve soil, including--\n ``(A) expenditures described in section 175(c),\n ``(B) conservation tillage expenditures,\n ``(C) cover cropping expenditures,\n ``(D) amounts paid or incurred to increase the \n nitrogen use efficiency (other than use of nitrogen \n fertilizers) of land used in farming, and\n ``(E) amounts paid or incurred for multiple year \n rotations, including introduction of a perennial that \n reduces carbon loss and tillage, builds soil tilth, and \n increases carbon capture capacity.\n ``(2) Conservation tillage expenditures.--The term \n `conservation tillage expenditures' means any expenditures paid \n or incurred for a tilling and planting method in which at least \n 30 percent of the previous crop residue remains on the soil \n after planting the current crop. Such term includes the \n following tilling practices: no till, ridge till, minimum till, \n and mulch till.\n ``(3) Cover cropping expenditures.--The term `cover \n cropping expenditures' means expenditures paid or incurred for \n the preparation and seeding of land for any grass, legume, or \n small grain--\n ``(A) which is not the primary crop of the \n taxpayer,\n ``(B) the primary purpose of which is to achieve \n one or more of the following: reduction in erosion; \n maintenance or improvement in soil fertility, tilth, \n and structure,\n ``(C) a purpose of which may be interruption of \n pest cycles or conservation of water.\n ``(d) Per Acre Credit Alternative.--\n ``(1) In general.--Not later than 180 days after the date \n of the enactment of this section, the Secretary shall, in \n consultation with the Secretary of Agriculture, establish an \n alternative procedure for determining the credit under \n subsection (a), which, at the election of the taxpayer, shall \n be treated as the amount determined under subsection (a).\n ``(2) Procedure described.--(A) The Secretary shall \n establish credit amounts to apply to land used in farming on a \n per acre basis with respect to each method of carbon \n sequestration and soil conservation described in subsection \n (c)(1).\n ``(B) Such credit amounts shall be based on the efficacy of \n the method in sequestering carbon and preventing soil erosion.\n ``(C) No such credit amount may exceed $15 per acre.\n ``(D) The Secretary shall prescribe rules similar to the \n rules of paragraphs (1) through (4) of subsection (e) to apply \n for purposes of the procedure established under this \n subsection.\n ``(3) Election.--An election to use such alternative method \n shall be made in such form and manner as the Secretary may \n prescribe, and shall apply to the taxable year for which made \n and for all subsequent taxable years.\n ``(e) Definition and Special Rules.--\n ``(1) Land used in farming.--For purposes of this section, \n land shall be treated as used in farming only if such land is \n used (before or simultaneously with the expenditures described \n in subsection (c)(1)) by the taxpayer or his tenant for the \n production of crops, fruits, or other agricultural products or \n for the sustenance of livestock.\n ``(2) Expenditures must be consistent with soil \n conservation plan.--Notwithstanding any other provision of this \n section, subsection (a) shall not apply to any expenditures \n unless such expenditures are consistent with--\n ``(A) the plan (if any) approved by the Soil \n Conservation Service of the Department of Agriculture \n for the area in which the land is located, or\n ``(B) if there is no plan described in clause (i), \n any soil conservation plan of a comparable State \n agency.\n ``(3) Basis adjustment.--For purposes of this subtitle, if \n a credit is determined under this section for any expenditure \n with respect to any property, the increase in the basis of such \n property which would (but for this paragraph) result from such \n expenditure shall be reduced by the amount of the credit so \n determined.\n ``(4) Denial of double benefit.--No deduction or other \n credit shall be allowed under this chapter for any amount taken \n into account in determining the credit under this section.\n ``(f) Termination.--This section shall not apply to taxable years \nbeginning after December 31, 2013.''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of such Code (relating to current year business credit) is \namended by striking ``plus'' at the end of paragraph (30), by striking \nthe period at the end of paragraph (31) and inserting ``plus'', and by \nadding at the end the following new paragraph:\n ``(32) the carbon sequestration and soil conservation \n credit determined under section 45O(a).''.\n (c) Conforming Amendments.--Subsection (a) of section 1016 of such \nCode (relating to adjustments to basis) is amended by striking ``and'' \nat the end of paragraph (35), by striking the period at the end of \nparagraph (36) and inserting ``and'', and by adding at the end the \nfollowing new paragraph:\n ``(37) to the extent provided in section 45O(e).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45O. Carbon sequestration and soil conservation.''.\n (e) Effective Date.--The amendments made by this section shall \napply to expenditures paid or incurred after December 31, 2008.\n\nSEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits) is \namended by adding at the end the following new section:\n\n``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to 10 percent of the qualified planting expenditures of the \ntaxpayer for the taxable year.\n ``(b) Limitations.--The amount taken into account under subsection \n(a) for any taxable year shall not exceed--\n ``(1) in the case of expenditures paid or incurred by the \n taxpayer with respect to an area which is included under \n section 121 as part of the taxpayer's principal residence, \n $5,000,\n ``(2) in the case of expenditures paid or incurred by the \n taxpayer in the course of, or with respect to, a trade or \n business carried on by the taxpayer, $50,000, and\n ``(3) in any other case, zero.\n ``(c) Qualified Planting Expenditures.--For purposes of this \nsection--\n ``(1) In general.--The term `qualifying planting \n expenditures' means expenditures paid or incurred--\n ``(A) for the purchase and planting of any tree, \n plant, shrub, or bush which meets the requirements of \n paragraph (2), and\n ``(B) for the purchase and installation of a \n vegetated roof system.\n Such term shall not include expenditures relating to any \n property which is held by the taxpayer for use in a trade or \n business or for the production of income, or which is property \n described in section 1221(a)(1) in the hands of the taxpayer.\n ``(2) Trees, plants, shrubs, or bushes.--A tree, plant, \n shrub, or bush satisfies the requirements of the paragraph if \n such tree, plant, shrub, or bush is certified, in accordance \n with guidance prescribed by the Secretary (after consultation \n with the Administrator of the Environmental Protection Agency \n and the Secretary of Agriculture), to be quick-growing, \n appropriate for the region in which it is planted, and \n effective in capturing carbon.\n ``(3) Vegetated roof system.--The term `vegetated roof \n system' means a system by which vegetation growing in a \n substrate is integrated with the roof (or portion thereof) of a \n building owned by the taxpayer.\n ``(d) Application With Other Credits.--The credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess (if \nany) of--\n ``(1) the regular tax liability (as defined in section \n 26(b)) reduced by the sum of the credits allowable under \n subpart A and sections 27, 30, 30B, and 30C, over\n ``(2) the tentative minimum tax for the taxable year.\n ``(e) Definition and Special Rules.--For purposes of this section--\n ``(1) Principal residence.--The term `principal residence' \n has the same meaning as when used in section 121, except that \n no ownership requirement shall be imposed.\n ``(2) Joint occupancy, cooperative housing corporations, \n and condominium management associations.--Rules similar to the \n rules of paragraphs (4), (5), and (6) of section 25D(e) shall \n apply.\n ``(3) Expenditures outside united states.--The credit under \n this section shall not be allowed with respect to expenditures \n paid or incurred for areas located outside the United States.\n ``(4) Basis adjustment.--For purposes of this subtitle, if \n a credit is allowed under this section for an expenditure, the \n increase in basis which would result (but for this subsection) \n from such expenditure shall be reduced by the amount of credit \n allowed under this section.\n ``(f) Termination.--This section shall not apply to taxable years \nbeginning after December 31, 2013.''.\n (b) Conforming Amendments.--\n (1) Subsection (a) of section 1016, as amended by section \n 3, is amended by striking ``and'' at the end of paragraph (36), \n by striking the period at the end of paragraph (37) and \n inserting ``and'', and by adding at the end the following new \n paragraph:\n ``(38) to the extent provided in section 30D(e)(4).''.\n (2) The table of sections for subpart B of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 30C the following new item:\n\n``Sec. 30D. Qualified planting expenditure credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to expenditures paid or incurred after December 31, 2008.\n\nSEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of the Treasury, in consultation \nwith the Department of Agriculture, shall establish an appropriate tax \ncredit, with respect to land located in the United States, for--\n (1) the conversion of cropland to pasture for grazing \n purposes or to grassland or rangeland, and\n (2) reforestation and afforestation of land--\n (A) which is not held by the taxpayer for the \n planting, cultivating, caring for, and cutting of trees \n for sale or use in the commercial production of timber \n products, and\n (B) with trees which are not held by the taxpayer \n for use in a trade or business or for the production of \n income.\n (b) Other Rules Relating to Credit.--\n (1) Credit to be per acre.--The Secretary shall establish \n credit amounts to apply to land on a per acre basis with \n respect to each method of conservation described in subsection \n (a).\n (2) Pursuant to approved plan.--Such methods must be \n pursuant to a plan submitted by the taxpayer and approved by \n the Secretaries of the Treasury and Agriculture.\n (3) Basis for credit amounts.--Credit amount shall be based \n on--\n (A) the efficacy of the method in sequestering \n carbon and preventing soil erosion,\n (B) the expenditures relating to such method, and\n (C) the number of years the taxpayer certifies to \n the Secretary or ensures (by conservation easement or \n otherwise) that the applicable land will remain subject \n to the approved plan.\n (4) Recapture.--The Secretary shall provide for recapturing \n the benefit of any credit allowed under this section with \n respect to any property that ceases to be used in accordance \n with the approved plan.\n (5) Denial of double benefit and basis adjustment.--The \n Secretary shall provide--\n (A) an appropriate basis adjustment for property \n with respect to which such credit is allowed, and\n (B) rules disallowing such deductions and other \n credits as may be appropriate to avoid allowing \n additional tax benefits for the same conservation \n method or expenses.\n (c) Effective Date.--The credit established by the Secretary shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 6. CARBON SEQUESTRATION CREDIT REPORT.\n\n (a) In General.--In the case of any substantial change in the \ncarbon sequestration market (including the enactment into law of a \ncarbon cap and trade program), the Secretary of the Treasury shall, in \nconsultation with any appropriate Federal officers, study such change \nand any effect of such change on the efficiency of, and need for, the \ncredits allowed under section 5 of this Act and sections 45O and 30D of \nthe Internal Revenue Code of 1986.\n (b) Report.--As soon as practicable after sufficient opportunity to \nobserve the effect of such change in the carbon sequestration market, \nthe Secretary shall submit a report to Congress containing the results \nof the study conducted under subsection (a) and any recommendations of \nthe Secretary for modifying such credits based on such results.","summary":"Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30 of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming. (2) 10 of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system. (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland, and (4) certain types of reforestation and afforestation of land.","title":"To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration.","text_len":17377,"sum_len":597} {"bill_id":"107_hr3804","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preservation of Antibiotics for \nHuman Treatment Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Several antibiotics and classes of antibiotics, \n particularly penicillins, tetracyclines, macrolides (including \n but not limited to erythromycin and tylosin), lincomycin, \n bacitracin, virginiamycin, aminoglycosides, and sulfonamides, \n that either are used in or are related to antibiotics used in \n humans to treat infectious diseases are also routinely \n administered to healthy agricultural animals, generally via \n feed or water, in order to promote the animals' growth or to \n prevent disease. Such uses do not require a veterinarian's \n prescription.\n (2) Mounting scientific evidence shows that this \n nontherapeutic use of antibiotics in agricultural animals can \n lead to development of antibiotic-resistant bacteria that can \n be transferred to people, making it harder to treat certain \n infections.\n (3) In 1969, the Swann Committee was formed in the United \n Kingdom to examine the public health effects of use of \n antimicrobial drugs in food-producing animals. The Committee \n recommended that antimicrobials be divided into ``feed'' and \n ``therapeutic'' classes of drugs and that the ``feed'' class \n not include drugs used therapeutically in humans or animals. \n Most developed countries in the world, with the exception of \n the United States and Canada, restrict the use of \n antimicrobials in animal production systems for growth \n promotion.\n (4) In 1997, the World Health Organization recommended that \n antibiotics used to treat humans should not also be used to \n promote animal growth, although such antibiotics could still be \n used to treat ill animals.\n (5) In July 1998, the National Academy of Sciences, in a \n report prepared at the request of the United States Department \n of Agriculture and the Food and Drug Administration, concluded \n ``there is a link between the use of antibiotics in food \n animals, the development of bacterial resistance to these \n drugs, and human disease''.\n (6) In December 1998, health ministers for the European \n Union countries voted to ban the remaining human-use \n antibiotics still in use to promote animal growth. The ban on \n using virginiamycin, tylosin, spiramycin, and bacitracin in \n animal feed became effective for the 15 member states of the \n European Union on July 1, 1999. Prior to that action, \n individual European countries, including the United Kingdom, \n Denmark, Finland, and Sweden, had banned the use in animal feed \n of specific antibiotics.\n (7) An April 1999 study by the General Accounting Office \n concluded that resistant strains of three microorganisms that \n cause foodborne illness or disease in humans--salmonella, \n campylobacter, and E. coli--are linked to the use of \n antibiotics in animals.\n (8) In October 2000, the Food and Drug Administration \n issued a notice announcing its intention to withdraw approvals \n for use of fluoroquinolone antibiotics in poultry, in light of \n the fact that increased resistance to fluoroquinolones in \n certain bacteria followed approval of those antibiotics for \n such use in the mid-1990s. While one company (Abbott \n Laboratories) immediately agreed to voluntarily withdraw its \n product, the only other manufacturer (Bayer Corp.) is \n contesting FDA's proposed withdrawal and continues to market \n its product. Previous proceedings by FDA to withdraw approval \n of animal drugs have taken substantial amounts of time \n following initiation of formal action by FDA, including 6 years \n in one instance and 20 in another.\n (9) In November 2000, the American Medical Association, \n American Public Health Association, and other health \n organizations urged Bayer Corp. to comply voluntarily with \n FDA's proposed ban.\n (10) In June 2001, the American Medical Association adopted \n a resolution opposing nontherapeutic use of antimicrobials in \n animal agriculture. Organizations that have taken a similar \n position include the American College of Preventive Medicine, \n the American Public Health Association, and the Council of \n State and Territorial Epidemiologists.\n (11) In October 2001, the New England Journal of Medicine \n published a guest editorial titled ``Antimicrobials in Animal \n Feed--Time to Stop''. The editorial urged a ban on \n nontherapeutic use in animals of medically important \n antibiotics, and on use in animals of fluoroquinolones.\n (12) In January 2001, a Federal Interagency Task Force \n released an Action Plan, which notes that ``drug-resistant \n pathogens are a growing menace to all people, regardless of \n age, gender, or socioeconomic background. If we do not act to \n address the problem... [d]rug choices for the treatment of \n common infections will become increasingly limited and \n expensive--and, in some cases, nonexistent.''.\n (13) Scientific studies have shown that resistance traits \n can be transferred among unrelated species of bacteria, \n including from nonpathogens to pathogens.\n\nSEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS.\n\n (a) Nontherapeutic Use; Applications Pending on or Submitted After \nEnactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic \nAct (21 U.S.C. 360b(d)(1)) is amended--\n (1) in subparagraph (H), by striking ``or'' at the end;\n (2) by redesignating subparagraph (I) as subparagraph (J);\n (3) by inserting after subparagraph (H) the following \n subparagraph:\n ``(I) such drug is an antimicrobial new animal drug and the \n applicant has failed to demonstrate that there is a reasonable \n certainty of no harm to human health due to the development of \n antimicrobial resistance that is attributable, in whole or in \n part, to the nontherapeutic use of such drug; or''; and\n (4) in the matter after and below subparagraph (J) (as \n redesignated by paragraph (2) of this subsection), by striking \n ``(A) through (I)'' and inserting ``(A) through (J)''.\n (b) Nontherapeutic Use; Rescinding of Approval for Certain \nCurrently Approved Drugs.--Section 512 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360b) is amended by adding at the end the \nfollowing subsection:\n ``(q) With respect to each antimicrobial new animal drug for which, \nas of the day before the date of the enactment of the Preservation of \nAntibiotics for Human Treatment Act of 2002, there was in effect an \napproval of an application filed pursuant to subsection (b), the \napproval of a nontherapeutic use of such drug (including use through \nanimal feed that bears or contains such drug) is subject to the \nfollowing, as applicable:\n ``(1) In the case of penicillins, tetracyclines, macrolides \n (including but not limited to erythromycin and tylosin), \n lincomycin, bacitracin, virginiamycin, aminoglycosides, and \n sulfonamides:\n ``(A) Each approval of a nontherapeutic use of any \n of such drugs in an animal is rescinded upon the \n expiration of the two-year period beginning on such \n date of enactment unless, before the expiration of such \n period, the Secretary determines that the holder of the \n approved application has demonstrated that there is a \n reasonable certainty of no harm to human health due to \n the development of antimicrobial resistance that is \n attributable, in whole or in part, to the \n nontherapeutic use of such drug.\n ``(B) In carrying out subparagraph (A), the \n Secretary may not consider any data regarding the \n antimicrobial new animal drug involved that is \n submitted to the Secretary after the expiration of the \n 180-day period beginning on such date of enactment, \n unless such data were not available for submission \n within such 180-day period.\n ``(C) If pursuant to subparagraph (A) the Secretary \n determines, with respect to the antimicrobial new \n animal drug involved, that there is not a reasonable \n certainty of no harm to human health, the Secretary may \n issue an order withdrawing approval of such drug at any \n time before the date on which the drug would be \n rescinded under such subparagraph.\n ``(2) In the case of an antimicrobial new animal drug that \n is not referred to in paragraph (1):\n ``(A) If the Secretary grants an exemption under \n section 505(i) regarding such a drug, or a drug with \n substantially the same active ingredients, each \n approval of a nontherapeutic use of such new animal \n drug in an animal is rescinded upon the expiration of \n the two-year period beginning on the date on which the \n Secretary provides notice in accordance with \n subparagraph (C) regarding the new animal drug, except \n as provided in subparagraph (D). Such notice shall be \n so provided not later than 10 days after the date on \n which the Secretary grants the exemption under section \n 505(i).\n ``(B) If an application for such a drug, or a drug \n with substantially the same active ingredients, is \n submitted to the Secretary under section 505(b) or \n under section 351 of the Public Health Service Act, and \n the Secretary has not previously granted an exemption \n under section 505(i) regarding the drug, each approval \n of a nontherapeutic use of such new animal drug in an \n animal is rescinded upon the expiration of the two-year \n period beginning on the date on which the Secretary \n provides notice in accordance with subparagraph (C) \n regarding the new animal drug, except as provided in \n subparagraph (D). Such notice shall be so provided \nnot later than 10 days after the date on which the Secretary receives \nthe application under section 505(b) or under such section 351, as the \ncase may be.\n ``(C) For purposes of subparagraph (A) and (B), \n notice regarding the antimicrobial new animal drug \n involved is provided in accordance with this \n subparagraph if the Secretary informs the holder of the \n approved application for the nontherapeutic use of such \n drug, in writing, of the applicability of this \n paragraph to such application (including that approval \n of the application will be rescinded, except as \n provided in subparagraph (D), and including the \n opportunity under subparagraph (E) to submit data).\n ``(D) Subparagraph (A) or (B), as the case may be, \n applies to the antimicrobial new animal drug involved \n unless, before the date on which approval would be \n rescinded under such subparagraph, the Secretary \n determines that the holder of the approved application \n has demonstrated that there is a reasonable certainty \n of no harm to human health due to the development of \n antimicrobial resistance that is attributable, in whole \n or in part, to the nontherapeutic use of such drug.\n ``(E) In carrying out subparagraph (A) or (B), the \n Secretary may not consider any data regarding the \n antimicrobial new animal drug involved that is \n submitted to the Secretary after the expiration of the \n 180-day period beginning on the date on which the \n Secretary provides notice in accordance with \n subparagraph (C) to the holder of the approved \n application for the nontherapeutic use of such drug.\n ``(F) If pursuant to subparagraph (A) or (B) the \n Secretary determines, with respect to the antimicrobial \n new animal drug involved, that there is not a \n reasonable certainty of no harm to human health, the \n Secretary may issue an order withdrawing approval of \n such drug at any time before the date on which the drug \n would be rescinded under such subparagraph.''.\n (c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval \nfor Currently Approved Drugs.--Section 512 of the Federal Food, Drug, \nand Cosmetic Act, as amended by subsection (b) of this section, is \namended by adding at the end the following:\n ``(r) With respect to a fluoroquinolone for which, as of the day \nbefore the date of the enactment of the Preservation of Antibiotics for \nHuman Treatment Act of 2002, there was in effect an approval of an \napplication filed pursuant to subsection (b), the use of such drug \n(including use through animal feed that bears or contains such drug) is \nsubject to the following:\n ``(1) Each approval of the use of such drug in poultry is \n rescinded upon the expiration of the 180-day period beginning \n on such date of enactment unless, before the expiration of such \n period, the Secretary determines that the holder of the \n approved application has demonstrated that there is a \n reasonable certainty of no harm to human health due to the \n development of antimicrobial resistance that is attributable, \n in whole or in part, to the use of such drug in poultry.\n ``(2) In carrying out paragraph (1), the Secretary may not \n consider any data regarding a fluoroquinolone that is submitted \n to the Secretary by the holder of the approved application \n unless such data has been submitted to FDA Docket No. 00N-1571. \n The preceding sentence may not be construed as requiring the \n Secretary to accept further submissions to such docket if the \n period designated by the Secretary for the receipt of such \n submissions has ended.''.\n (d) Definition of Nontherapeutic Use.--Section 512 of the Federal \nFood, Drug, and Cosmetic Act, as amended by subsection (c) of this \nsection, is amended by adding at the end the following:\n ``(s) For purposes of this section, the term `nontherapeutic use', \nwith respect to an antimicrobial new animal drug, means any use of such \ndrug in an animal in the absence of disease, including use for growth \npromotion, feed efficiency, or routine disease prevention.''.","summary":"Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug. Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry.","title":"To amend the Federal Food, Drug, and Cosmetic Act to ensure that use of certain antibiotic drugs in animal agriculture does not compromise human health by contributing to the development of antibiotic resistance.","text_len":15660,"sum_len":872} {"bill_id":"114_s2987","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe, Convenient, Reliable, \nEfficient, Effective, Next-Generation, Functional, and Secure TSA Act \nof 2016'' or the ``SCREEN FAST Act''.\n\nSEC. 2. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY \n X AIRPORTS.\n\n (a) In General.--The Administrator of the Transportation Security \nAdministration shall establish a pilot program at 3 airports to \nreconfigure and install security systems that increase efficiency and \nreduce vulnerabilities in airport terminals, particularly at airports \nthat have large open areas where screening is conducted.\n (b) Selection of Airports.--In selecting airports for the pilot \nprogram established under subsection (a), the Administrator shall--\n (1) select airports from among airports classified by the \n Transportation Security Administration as category X airports \n and that are able to begin the reconfiguration and installation \n of security systems expeditiously; and\n (2) give priority to an airport that--\n (A) submits a proposal that seeks Federal funding \n for reconfiguration of the airport's security systems;\n (B) has the space needed to reduce vulnerabilities \n and reconfigure the existing security systems; and\n (C) is able to enter into a cost-sharing \n arrangement with the Transportation Security \n Administration under which the airport will provided \n funding equal to 25 percent of the cost of the pilot \n program.\n\nSEC. 3. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR \n AIRPORT SECURITY SYSTEMS.\n\n (a) In General.--The Administrator of the Transportation Security \nAdministration shall establish a pilot program at 3 airports to develop \nand test prototypes of screening security systems and security \ncheckpoint configurations to expedite the movement of passengers by \ndeploying a range of technologies including passive and active systems, \nnew types of security baggage and personal screening systems, and new \nsystems to review and address passenger and baggage anomalies.\n (b) Selection of Airports.--In selecting airports for the pilot \nprogram established under subsection (a), the Administrator shall--\n (1) select airports from among airports classified by the \n Transportation Security Administration as category X airports \n that are able to begin the reconfiguration and installation of \n security systems expeditiously;\n (2) consider the space available at airports and the \n ability of airports to test prototypes; and\n (3) give priority to an airport that--\n (A) submits a proposal that seeks Federal funding \n to test prototypes for new airport security systems;\n (B) has the space needed to reduce vulnerabilities \n and reconfigure the existing security systems; and\n (C) is able to enter into a cost-sharing \n arrangement with the Transportation Security \n Administration under which the airport will provided \n funding equal to 25 percent of the cost of the pilot \n program.\n\nSEC. 4. REPORT REQUIRED.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Administrator shall submit to the Committee on Commerce, Science, \nand Transportation of the Senate and the Committee on Homeland Security \nof the House of Representatives a report on the pilot programs \nestablished under sections 2 and 3.\n\nSEC. 5. FUNDING.\n\n The Administrator of the Transportation Security Administration \nshall carry out the pilot programs established under sections 2 and 3 \nusing amounts--\n (1) appropriated to the Transportation Security \n Administration before the date of the enactment of this Act and \n available for obligation as of such date of enactment; and\n (2) amounts obtained as reimbursements from airports under \n those pilot programs.\n\nSEC. 6. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION \n SECURITY ADMINISTRATION.\n\n Section 114(m) of title 49, United States Code, is amended by \nadding at the end the following:\n ``(3) Acceptance and provision of resources.--In carrying \n out the functions of the Administration, the Under Secretary \n shall have the authority--\n ``(A) to provide or accept services, supplies, \n equipment, personnel, and facilities, with or without \n reimbursement, to or from any other public or private \n entity on such terms as the Under Secretary may \n consider appropriate and notwithstanding sections 1341 \n and 1501 through 1519 of title 31; and\n ``(B) upon the request of any person, to accept a \n monetary gift or bequest, to be available until \n expended, in accordance with the terms of the monetary \n gift or bequest, to the greatest extent practicable.''.","summary":"Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016 or the SCREEN FAST Act This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to establish a pilot program at three category X airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly those that have large open areas where screening occurs. The TSA shall also establish a pilot program at those airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying an array of technologies including passive and active systems, new types of security baggage and passenger screening systems, and new systems to address passenger and baggage anomalies.","title":"SCREEN FAST Act","text_len":5270,"sum_len":881} {"bill_id":"110_s2267","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Americans Giving care to Elders \n(AGE) Act of 2007''.\n\nSEC. 2. CREDIT FOR ELDERCARE EXPENSES.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25D the following new section:\n\n``SEC. 25E. EXPENSES FOR ELDERCARE.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--In the case of an individual for which \n there are 1 or more qualifying individuals (as defined in \n subsection (b)(1)) with respect to such individual, there shall \n be allowed as a credit against the tax imposed by this chapter \n for the taxable year an amount equal to the applicable \n percentage of the eldercare expenses (as defined in subsection \n (b)(2)) paid by such individual during the taxable year.\n ``(2) Applicable percentage defined.--For purposes of \n paragraph (1), the term `applicable percentage' means 20 \n percent reduced (but not below zero) by 1 percentage point for \n each $4,000 (or fraction thereof) by which the taxpayer's \n adjusted gross income for the taxable year exceeds $120,000.\n ``(b) Definitions of Qualifying Individual and Eldercare \nExpenses.--For purposes of this section--\n ``(1) Qualifying individual.--The term `qualifying \n individual' means the father or mother of the taxpayer or an \n ancestor of such father or mother, who requires assistance with \n activities of daily living.\n ``(2) Eldercare expenses.--\n ``(A) In general.--The term `eldercare expenses' \n means amounts paid for expenses for the care of a \n qualifying individual.\n ``(B) Care centers.--Eldercare expenses described \n in subparagraph (A) which are incurred for services \n provided outside the taxpayer's household by a care \n center (as defined in subparagraph (C)) shall be taken \n into account only if such center complies with all \n applicable laws and regulations of a State or unit of \n local government.\n ``(C) Care center defined.--For purposes of this \n paragraph, the term `care center' means any facility \n which--\n ``(i) provides care for more than six \n individuals, and\n ``(ii) receives a fee, payment, or grant \n for providing services for any of the \n individuals (regardless of whether such \n facility is operated for profit).\n ``(c) Dollar Limit on Amount Creditable.--\n ``(1) In general.--The amount of the eldercare expenses \n incurred during any taxable year which may be taken into \n account under subsection (a) shall not exceed $6,000.\n ``(2) Coordination with dependent care assistance \n exclusion.--The dollar amount in paragraph (1) shall be reduced \n by the aggregate amount excluded from gross income under \n section 129 for the taxable year.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Payments to related individuals.--No credit shall be \n allowed under subsection (a) for any amount paid to an \n individual--\n ``(A) with respect to whom, for the taxable year, a \n deduction under section 151(c) (relating to deduction \n for personal exemptions for dependents) is allowable \n either to the taxpayer or his spouse, or\n ``(B) who is a child of the taxpayer (within the \n meaning of section 152(f)(1)) who has not attained the \n age of 19 at the close of the taxable year.\n For purposes of this paragraph, the term `taxable year' means \n the taxable year of the taxpayer in which the service is \n performed.\n ``(2) Identifying information required with respect to \n service provider.--No credit shall be allowed under subsection \n (a) for any amount paid to any person unless--\n ``(A) the name, address, and taxpayer \n identification number of such person are included on \n the return claiming the credit, or\n ``(B) if such person is an organization described \n in section 501(c)(3) and exempt from tax under section \n 501(a), the name and address of such person are \n included on the return claiming the credit.\n In the case of a failure to provide the information required \n under the preceding sentence, the preceding sentence shall not \n apply if it is shown that the taxpayer exercised due diligence \n in attempting to provide the information so required.\n ``(3) Identifying information required with respect to \n qualifying individuals.--No credit shall be allowed under \n subsection (a) with respect to any qualifying individual unless \n the taxpayer identification number of such individual is \n included on the return claiming the credit.\n ``(4) Married couples must file joint return.--Rules \n similar to the rules of paragraphs (2) and (3) of section 21(e) \n shall apply.\n ``(e) Denial of Double Benefit.--No credit shall be allowed under \nsubsection (a) for any amount with respect to which a credit is allowed \nunder section 21.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the purposes of this section.''.\n (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 25D the \nfollowing new item:\n\n``Sec. 25E. Expenses for eldercare.''.\n (c) Conforming Amendments.--\n (1) Section 213(e) of the Internal Revenue Code of 1986 \n (relating to exclusion of amounts allowed for care of certain \n dependents) is amended--\n (A) by inserting ``or section 25E'' after ``section \n 21'', and\n (B) by inserting ``and Elders'' after ``Certain \n Dependents'' in the heading.\n (2) Section 6213(g)(2) of such Code (relating to \n mathematical or clerical error) is amended--\n (A) by inserting ``, section 25E (relating to \n expenses for care of elders),'' after ``(relating to \n expenses for household and dependent care services \n necessary for gainful employment)'' in subparagraph \n (H), and\n (B) by inserting ``25E,'' after ``24,'' in \n subparagraph (L).\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY \n CAREGIVER SUPPORT PROGRAM.\n\n Section 303(e)(2) of the Older Americans Act of 1965 (42 U.S.C. \n3023(e)(2)), as amended by the Older Americans Act Amendments of 2006, \nis further amended by striking ``$166,500,000 for fiscal year 2008'' \nand all that follows through ``for fiscal year 2011'' and inserting \n``$250,000,000 for each of fiscal years 2008, 2009, 2010, and 2011.''.\n\nSEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.\n\n (a) In General.--Part A of title IV of the Older Americans Act of \n1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.\n\n ``(a) Definitions.--In this section:\n ``(1) Public or private nonprofit entity.--The term `public \n or private nonprofit entity' means--\n ``(A) a State, a political subdivision of a State, \n or an agency or instrumentality of such a State or \n political subdivision; or\n ``(B) a nonprofit entity that is described in \n section 501(c)(3) of the Internal Revenue Code of 1986 \n and exempt from taxation under section 501(a) of such \n Code.\n ``(2) State.--The term `State' means 1 of the 50 States.\n ``(b) Establishment.--The Secretary of Health and Human Services \nshall award a grant to or enter into a cooperative agreement with a \npublic or private nonprofit entity to establish a National Resource \nCenter on Family Caregiving (referred to in this section as the \n`Center').\n ``(c) Purposes of National Resource Center.--The Center shall--\n ``(1) identify, develop, and disseminate information on \n best practices for and evidence-based models of family \n caregiver support programs;\n ``(2) provide timely information on policy and program \n updates relating to family caregivers;\n ``(3) partner with related organizations to disseminate \n practical strategies and tools to support families in their \n caregiving roles;\n ``(4) convene educational programs and web-based seminars \n on family caregiver issues and program development; and\n ``(5) provide a comprehensive Internet website with a \n national searchable database on family caregiver programs and \n resources in the States.\n ``(d) Authorization.--There is authorized to be appropriated to \ncarry out this section $12,000,000 for the period of fiscal years 2008 \nthrough 2011.''.\n (b) Technical Amendments.--\n (1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is \n amended by striking ``or contract'' the first place it appears \n and inserting ``or contract (including a cooperative \n agreement)''.\n (2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is \n amended by striking ``and contracts'' and inserting ``and \n contracts (including cooperative agreements)''.","summary":"Americans Giving care to Elders (AGE) Act of 2007 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents . Amends the Older Americans Act of 1965 to: (1) increase funding for the National Family Caregiver Support Program through FY2011. And (2) establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs.","title":"A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for eldercare expenses.","text_len":10240,"sum_len":462} {"bill_id":"114_hr1371","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safer Trucks and Buses Act of \n2015''.\n\nSEC. 2. COMPLIANCE, SAFETY, ACCOUNTABILITY INITIATIVE.\n\n (a) Data Availability and Use.--\n (1) Availability.--\n (A) In general.--The Secretary of Transportation \n shall ensure that covered motor carrier data is not \n made available to the public.\n (B) Rule of construction.--Subparagraph (A) may not \n be construed to prevent covered motor carrier data from \n being made available to law enforcement personnel.\n (C) Termination.--Subparagraph (A) shall cease to \n have effect on the date on which the Secretary submits \n to Congress the report required under subsection (e).\n (2) Use.--Covered motor carrier data may not be admitted \n into evidence or otherwise used in a civil action for damages \n resulting from an incident involving a motor carrier.\n (b) Study.--\n (1) In general.--Not later than 30 days after the date of \n enactment of this Act, the Secretary shall enter into an \n agreement with the National Academy of Public Administration to \n have the Academy conduct a study on how to improve the \n Compliance, Safety, Accountability initiative of the Federal \n Motor Carrier Safety Administration, including how to ensure \n that the initiative--\n (A) utilizes only safety data determined to be \n predictive of motor carrier crashes;\n (B) appropriately addresses concerns relating to \n the age of utilized safety data, including violations;\n (C) does not unfairly harm small motor carriers as \n a result of limited safety data availability;\n (D) appropriately addresses differences between \n motor carriers transporting passengers and motor \n carriers transporting freight;\n (E) allows individual motor carriers to be \n effectively compared; and\n (F) utilizes accurate safety data, including--\n (i) by appropriately addressing variations \n between State- and self-reported data;\n (ii) by accounting for geographic \n differences with respect to enforcement; and\n (iii) by not utilizing crash data from \n crashes with respect to which a motor carrier \n was free from fault.\n (2) Free from fault.--For purposes of paragraph \n (1)(F)(iii), a motor carrier is free from fault with respect to \n a crash if--\n (A) the vehicle of the carrier was struck by \n another vehicle that--\n (i) crossed the center line or median of a \n roadway;\n (ii) was driving the wrong way on a \n roadway;\n (iii) struck the rear of the carrier's \n vehicle while the vehicle was being lawfully \n operated;\n (iv) struck the carrier's vehicle while the \n vehicle was legally stopped at a traffic \n control device or off the traveled portion of a \n roadway; or\n (v) was operated by an individual--\n (I) found to be driving under the \n influence of alcohol;\n (II) found by a law enforcement \n officer or agency to be responsible for \n the crash; or\n (III) who was the sole party cited \n by law enforcement for an action that \n contributed to the crash;\n (B) the crash was the result of an individual, \n other than the driver of the carrier's vehicle, \n committing suicide;\n (C) the vehicle of the carrier was struck by an \n animal; or\n (D) the carrier is otherwise determined not \n responsible for the crash.\n (c) Report.--Not later than 1 year after the date on which the \nSecretary enters into an agreement under subsection (b), the National \nAcademy of Public Administration shall submit to the Secretary, the \nCommittee on Transportation and Infrastructure of the House of \nRepresentatives, and the Committee on Commerce, Science, and \nTransportation of the Senate a report on the results of the study \nconducted under subsection (b), including recommendations for \nimprovement based on those results.\n (d) Implementation of Recommendations.--Not later than 90 days \nafter the date on which the National Academy of Public Administration \nsubmits the report required under subsection (c), the Secretary shall \nbegin implementing the recommendations included in that report.\n (e) Certification of Implementation.--Not later than 1 year after \nthe date on which the Secretary begins implementing recommendations \nunder subsection (d), the Secretary shall complete the implementation \nof such recommendations and shall submit to Congress a report that--\n (1) describes the implementation of such recommendations;\n (2) contains a document in which the Secretary certifies \n that such implementation is complete; and\n (3) contains a document in which the Inspector General of \n the Department of Transportation certifies that such \n implementation is complete.\n (f) Definitions.--In this section, the following definitions apply:\n (1) Covered motor carrier data.--The term ``covered motor \n carrier data'' means the Compliance, Safety, Accountability \n Safety Measurement System scores and performance data of the \n Federal Motor Carrier Safety Administration.\n (2) Motor carrier.--The term ``motor carrier'' has the \n meaning given that term in section 13102 of title 49, United \n States Code.","summary":"Safer Trucks and Buses Act of 2015 The Department of Transportation (DOT) shall enter into an agreement with the National Academy of Public Administration to study how to improve the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration. DOT must ensure that motor carrier safety data predictive of crashes which is generated under this initiative is not made available to the public until the study findings and recommendations are reported to Congress. Such data may not be used used in a civil action for damages resulting from an incident involving a motor carrier.","title":"Safer Trucks and Buses Act of 2015","text_len":6442,"sum_len":612} {"bill_id":"114_hr3023","text":"SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE \n COMPETITIVE SERVICE.\n\n (a) In General.--Section 3321 of title 5, United States Code, is \namended--\n (1) in subsection (a), by striking ``The President'' and \n inserting ``Subject to subsections (c) and (d), the \n President'';\n (2) by redesignating subsection (c) as subsection (e); and\n (3) by inserting after subsection (b) the following:\n ``(c)(1) Except as provided in paragraph (2), the length of a \nprobationary period established under paragraph (1) or (2) of \nsubsection (a) shall be--\n ``(A) with respect to any position that requires formal \n training, a period of 2 years beginning on the date that such \n formal training is completed;\n ``(B) with respect to any position that requires a license, \n a period of 2 years beginning on the date that such license is \n granted; and\n ``(C) with respect to any position not covered by \n subparagraph (A) or (B), not less than 2 years.\n ``(2) The length of a probationary period established under \nparagraph (1) or (2) of subsection (a) in the case of a preference \neligible shall be not longer than--\n ``(A) if the appointment (as referred to in subsection \n (a)(1)) or the initial appointment (as referred to in \n subsection (a)(2)) is to a position that exists on the \n effective date of this subsection, the length of the \n probationary period which applies to such position as of such \n effective date; or\n ``(B) if the appointment (as referred to in subsection \n (a)(1)) or the initial appointment (as referred to in \n subsection (a)(2)) is to a position that does not exist on the \n effective date of this subsection, such length of time as the \n President may establish, consistent with the purposes of this \n subparagraph.\n ``(3) In paragraph (1)--\n ``(A) the term `formal training' means, with respect to any \n position, a training program required by law, rule, or \n regulation, or otherwise required by the employing agency, to \n be completed by the employee before the employee is able to \n successfully execute the duties of the applicable position; and\n ``(B) the term `license' means a license, certification, or \n other grant of permission to engage in a particular activity.\n ``(d) The head of each agency shall, in the administration of this \nsection, take appropriate measures to ensure that--\n ``(1) any announcement of a vacant position within such \n agency and any offer of appointment made to any individual with \n respect to any such position shall clearly state the terms and \n conditions of the probationary period applicable to such \n position;\n ``(2) any individual who is required to complete a \n probationary period under this section shall receive timely \n notice of the performance and other requirements which must be \n met in order to successfully complete the probationary period; \n and\n ``(3) upon successful completion of a probationary period \n under this section, certification to that effect shall be made, \n supported by a brief statement of the basis for that \n certification, in such form and manner as the President may by \n regulation prescribe.''.\n (b) Technical Amendment.--Section 3321(e) of title 5, United States \nCode (as so redesignated by subsection (a)(2)) is amended by striking \n``Subsections (a) and (b)'' and inserting ``Subsections (a) through \n(d)''.\n (c) Effective Date.--This section and the amendments made by this \nsection--\n (1) shall take effect 180 days after the date of enactment \n of this Act; and\n (2) shall apply in the case of any appointment (as referred \n to in section 3321(a)(1) of title 5, United States Code) and \n any initial appointment (as referred to in section 3321(a)(2) \n of such title) taking effect on or after the date on which this \n section takes effect.\n\nSEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE \n SENIOR EXECUTIVE SERVICE .\n\n (a) In General.--Section 3393(d) of title 5, United States Code, is \namended by striking ``1-year'' and inserting ``2-year''.\n (b) Conforming Amendment.--Section 3592(a)(1) of such title is \namended by striking ``1-year'' and inserting ``2-year''.\n\nSEC. 3. APPEALS FROM ADVERSE ACTIONS.\n\n (a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of \ntitle 5, United States Code, is amended--\n (1) by striking ``1 year'' the first place it appears and \n inserting ``not less than 2 years''; and\n (2) by striking ``1 year'' the second place it appears and \n inserting ``2 years''.\n (b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of \ntitle 5, United States Code, is amended--\n (1) in subparagraph (A)(ii), by striking ``1 year'' the \n first place it appears and inserting ``not less than 2 years''; \n and\n (2) in subparagraph (C)(ii), by striking ``2 years'' the \n first place it appears and inserting ``not less than 2 years''.\n (c) Effective Date.--The amendments made by subsections (a) and \n(b)--\n (1) shall take effect 180 days after the date of enactment \n of this Act; and\n (2) shall apply in the case of any individual whose period \n of continuous service (as referred to in the provision of law \n amended by paragraph (1) or (2) of subsection (b), as the case \n may be) commences on or after the date on which this section \n takes effect.\n ","summary":"This bill requires the probationary period before an appointment in the competitive civil service or an initial appointment as a supervisor or manager becomes final to be: (1) with respect to any position that requires formal training, a period of two years beginning on the date that such training is completed. (2) with respect to any position that requires a license, a period of two years beginning on the date that such license is granted. And (3) with respect to any other position, at least two years. The probationary period for a preference eligible nbsp. Initially appointed to a position that exists as of 180 days after the enactment of this Act shall not be longer than the period that applies on such date. The probationary period for a preference eligible appointed to a position that does not exist on such date shall not be longer than the length of time the President establishes. Each agency must ensure that: (1) announcements of vacant positions and offers of appointment clearly state the terms and conditions of the probationary period,nbsp. (2) individuals who are required to complete probationary periods receive timely notice of requirements to successfully complete the probationary period, andnbsp. (3) certification of such successful completion is made. The bill increases from one to two years the probationary period after which an individual's appointment as a career appointee in the Senior Executive Service becomes final. The definition of employee for purposes of adverse action provisions is revised to mean an individual in the competitive service or in the excepted service who has completed at least two years of current continuous service in the same or a similar position.","title":"To amend title 5, United States Code, to modify probationary periods with respect to positions within the competitive service and the Senior Executive Service, and for other purposes.","text_len":5918,"sum_len":1716} {"bill_id":"110_hr7177","text":"TITLE I--NAVAL VESSEL TRANSFER\n\nSECTION 101. SHORT TITLE.\n This title may be cited as the ``Naval Vessel Transfer Act of \n2008''.\n SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.\n (a) Transfers by Grant.--The President is authorized to transfer \nthe vessels specified in paragraphs (1), (3), and (4) of section 501(a) \nof H.R. 5916 of the 110th Congress, as passed the House of \nRepresentatives on May 15, 2008, to the foreign recipients specified in \nparagraphs (1), (3), and (4) of such section, respectively, on a grant \nbasis under section 516 of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2321j).\n (b) Grants Not Counted in Annual Total of Transferred Excess \nDefense Articles.--The value of a vessel transferred to a recipient on \na grant basis pursuant to authority provided by subsection (a) shall \nnot be counted against the aggregate value of excess defense articles \ntransferred in any fiscal year under section 516 of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2321j).\n (c) Costs of Transfers.--Any expense incurred by the United States \nin connection with a transfer authorized by this section shall be \ncharged to the recipient (notwithstanding section 516(e) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2321j(e))).\n (d) Repair and Refurbishment in United States Shipyards.--To the \nmaximum extent practicable, the President shall require, as a condition \nof the transfer of a vessel under this section, that the recipient to \nwhich the vessel is transferred have such repair or refurbishment of \nthe vessel as is needed, before the vessel joins the naval forces of \nthe recipient, performed at a shipyard located in the United States, \nincluding a United States Navy shipyard.\n (e) Expiration of Authority.--The authority to transfer a vessel \nunder this section shall expire at the end of the 2-year period \nbeginning on the date of the enactment of this Act.\n\n TITLE II--UNITED STATES ARMS EXPORTS\n\n SEC. 201. ASSESSMENT OF ISRAEL'S QUALITATIVE MILITARY EDGE OVER \n MILITARY THREATS.\n (a) Assessment Required.--The President shall carry out an \nempirical and qualitative assessment on an ongoing basis of the extent \nto which Israel possesses a qualitative military edge over military \nthreats to Israel. The assessment required under this subsection shall \nbe sufficiently robust so as to facilitate comparability of data over \nconcurrent years.\n (b) Use of Assessment.--The President shall ensure that the \nassessment required under subsection (a) is used to inform the review \nby the United States of applications to sell defense articles and \ndefense services under the Arms Export Control Act (22 U.S.C. 2751 et \nseq.) to countries in the Middle East.\n (c) Reports.--\n (1) Initial report.--Not later than June 30, 2009, the \n President shall transmit to the appropriate congressional \n committees a report on the initial assessment required under \n subsection (a).\n (2) Quadrennial report.--Not later than four years after the \n date on which the President transmits the initial report under \n paragraph (1), and every four years thereafter, the President shall \n transmit to the appropriate congressional committees a report on \n the most recent assessment required under subsection (a).\n (d) Certification.--Section 36 of the Arms Export Control Act (22 \nU.S.C. 2776) is amended by adding at the end the following:\n ``(h) Certification Requirement Relating to Israel's Qualitative \nMilitary Edge.--\n ``(1) In general.--Any certification relating to a proposed \n sale or export of defense articles or defense services under this \n section to any country in the Middle East other than Israel shall \n include a determination that the sale or export of the defense \n articles or defense services will not adversely affect Israel's \n qualitative military edge over military threats to Israel.\n ``(2) Qualitative military edge defined.--In this subsection, \n the term `qualitative military edge' means the ability to counter \n and defeat any credible conventional military threat from any \n individual state or possible coalition of states or from non-state \n actors, while sustaining minimal damages and casualties, through \n the use of superior military means, possessed in sufficient \n quantity, including weapons, command, control, communication, \n intelligence, surveillance, and reconnaissance capabilities that in \n their technical characteristics are superior in capability to those \n of such other individual or possible coalition of states or non-\n state actors.''.\n (e) Definitions.--In this section:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Foreign Affairs of the House of Representatives and the Committee \n on Foreign Relations of the Senate.\n (2) Qualitative military edge.--The term ``qualitative military \n edge'' has the meaning given the term in section 36(h) of the Arms \n Export Control Act, as added by subsection (d) of this section.\n SEC. 202. IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING WITH \n ISRAEL.\n (a) In General.--Of the amount made available for fiscal year 2009 \nfor assistance under the program authorized by section 23 of the Arms \nExport Control Act (22 U.S.C. 2763) (commonly referred to as the \n``Foreign Military Financing Program''), the amount specified in \nsubsection (b) is authorized to be made available on a grant basis for \nIsrael.\n (b) Computation of Amount.--The amount referred to in subsection \n(a) is the amount equal to--\n (1) the amount specified under the heading ``Foreign Military \n Financing Program'' for Israel for fiscal year 2008; plus\n (2) $150,000,000.\n (c) Other Authorities.--\n (1) Availability of funds for advanced weapons systems.--To the \n extent the Government of Israel requests the United States to \n provide assistance for fiscal year 2009 for the procurement of \n advanced weapons systems, amounts authorized to be made available \n for Israel under this section shall, as agreed to by Israel and the \n United States, be available for such purposes, of which not less \n than $670,650,000 shall be available for the procurement in Israel \n of defense articles and defense services, including research and \n development.\n (2) Disbursement of funds.--Amounts authorized to be made \n available for Israel under this section shall be disbursed not \n later than 30 days after the date of the enactment of an Act making \n appropriations for the Department of State, foreign operations, and \n related programs for fiscal year 2009, or October 31, 2008, \n whichever occurs later.\n SEC. 203. SECURITY COOPERATION WITH THE REPUBLIC OF KOREA.\n (a) Findings.--Congress makes the following findings:\n (1) Close and continuing defense cooperation between the United \n States and the Republic of Korea continues to be in the national \n security interest of the United States.\n (2) The Republic of Korea was designated a major non-NATO ally \n in 1987, the first such designation.\n (3) The Republic of Korea has been a major purchaser of United \n States defense articles and services through the Foreign Military \n Sales (FMS) program, totaling $6,900,000,000 in deliveries over the \n last 10 years.\n (4) Purchases of United States defense articles, services, and \n major defense equipment facilitate and increase the \n interoperability of Republic of Korea military forces with the \n United States Armed Forces.\n (5) Congress has previously enacted important, special defense \n cooperation arrangements for the Republic of Korea, as in the Act \n entitled ``An Act to authorize the transfer of items in the War \n Reserves Stockpile for Allies, Korea'', approved December 30, 2005 \n (Public Law 109-159; 119 Stat. 2955), which authorized the \n President, notwithstanding section 514 of the Foreign Assistance \n Act of 1961 (22 U.S.C. 2321h), to transfer to the Republic of Korea \n certain defense items to be included in a war reserve stockpile for \n that country.\n (6) Enhanced support for defense cooperation with the Republic \n of Korea is important to the national security of the United \n States, including through creation of a status in law for the \n Republic of Korea similar to the countries in the North Atlantic \n Treaty Organization, Japan, Australia, and New Zealand, with \n respect to consideration by Congress of foreign military sales to \n the Republic of Korea.\n (b) Special Foreign Military Sales Status for Republic of Korea.--\nThe Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--\n (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), \n 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by \n inserting ``the Republic of Korea,'' before ``or New Zealand'' each \n place it appears;\n (2) in section 3(b)(2), by inserting ``the Government of the \n Republic of Korea,'' before ``or the Government of New Zealand'';\n (3) in section 21(h)(1)(A), by inserting ``the Republic of \n Korea,'' before ``or Israel''; and\n (4) in section 21(h)(2), by striking ``or to any member \n government of that Organization if that Organization or member \n government'' and inserting ``, to any member government of that \n Organization, or to the Governments of the Republic of Korea, \n Australia, New Zealand, Japan, or Israel if that Organization, \n member government, or the Governments of the Republic of Korea, \n Australia, New Zealand, Japan, or Israel''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Title I: Naval Vessel Transfer - Naval Vessel Transfer Act of 2008 - Authorizes the President to transfer on a grant basis to: (1) Pakistan, the OLIVER HAZARD PERRY class guided missile frigate MCINERNEY, (2) Chile, the KAISER class oiler ANDREW J. HIGGINS. And (3) Peru, the NEWPORT class amphibious tank landing ships FRESNO and RACINE. States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961, (2) transfer costs shall be charged to the recipient. And (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at US shipyards . Terminates transfer authority two years after enactment of this Act. Title II: United States Arms Exports - Directs the President to: (1) carry out an ongoing assessment of the extent to which Israel possesses a qualitative military edge over military threats. (2) use such assessment in reviewing applications to sell defense articles and services under the Arms Export Control Act to a Middle Eastern country other than Israel. And (3) submit an initial report on such assessment to the appropriate congressional committees by June 30, 2009, and then every four years thereafter. Amends the Arms Export Control Act to require any certification relating to a proposed sale or export of defense articles or services to a Middle Eastern country other than Israel to include a determination that such sale or export will not adversely affect Israel's qualitative military edge over military threats. Makes specified foreign military financing program funds for FY2009 available on a grant basis for Israel. Authorizes funding in FY2009 for the procurement of advanced weapons systems, including research and development, by Israel. Amends the Arms Export Control Act to provide the Republic of Korea with special foreign military sales status, including expedited congressional review for export of US defense items and services.","title":"To authorize the transfer of naval vessels to certain foreign recipients, and for other purposes.","text_len":10041,"sum_len":2125} {"bill_id":"112_s1656","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hardship Outlays to protect \nMortgagee Equity (HOME) Act''.\n\nSEC. 2. WAIVER OF TAX ON EARLY DISTRIBUTIONS FROM CERTAIN RETIREMENT \n PLANS FOR MORTGAGE PAYMENTS WITH RESPECT TO A PRINCIPAL \n RESIDENCE.\n\n (a) In General.--Paragraph (2) of section 72(t) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nsubparagraph:\n ``(H) Distributions for principal residence \n mortgage payments.--Distributions to an individual \n which are qualified principal residence mortgage \n payment distributions (as defined in paragraph (9)). \n Distributions shall not be taken into account under the \n preceding sentence if such distributions are described \n in subparagraph (A), (C), (D), (E), or (F) or to the \n extent paragraph (1) does not apply to such \n distributions by reason of subparagraph (B).''.\n (b) Qualified Principal Residence Mortgage Payment Distributions.--\nSubsection (t) of section 72 of such Code is amended by redesignating \nparagraphs (9) and (10) as paragraphs (10) and (11), respectively, and \nby inserting after paragraph (8) the following new paragraph:\n ``(9) Qualified principal residence mortgage payment \n distributions.--\n ``(A) In general.--For purposes of paragraph \n (2)(H), the term `qualified principal residence \n mortgage payment distribution' means any payment or \n distribution received by an individual to the extent \n such payment or distribution is used by the individual \n before the close of the 120th day after the day on \n which such payment or distribution is received to pay \n qualified mortgage costs with respect to a principal \n residence (within the meaning of section 121) of such \n individual or the spouse of such individual.\n ``(B) Aggregate lifetime dollar limitation.--The \n aggregate amount of payments or distributions received \n by an individual which may be treated as qualified \n principal residence mortgage payment distributions for \n any taxable year shall not exceed the excess (if any) \n of--\n ``(i) $50,000, over\n ``(ii) the aggregate amounts treated as \n qualified principal residence mortgage payment \n distributions with respect to such individual \n for all prior taxable years.\n ``(C) Plan dollar limitation.--The aggregate amount \n of payments or distributions received by an individual \n which may be treated as qualified principal residence \n mortgage payment distributions with respect to any \n qualified retirement plan (as defined in section \n 4974(c)) for any taxable year shall not exceed one-half \n the present value of the nonforfeitable accrued benefit \n of the individual under the plan (determined as of the \n beginning of such taxable year).\n ``(D) Qualified mortgage costs.--For purposes of \n this paragraph, the term `qualified mortgage costs' \n means amounts paid as principal or interest on \n acquisition indebtedness, as defined in section \n 163(h)(3)(B), except that--\n ``(i) the dollar limitation of clause (ii) \n of such section shall not apply, and\n ``(ii) any reference to a qualified \n residence shall be treated as a reference to \n the principal residence referred to in \n subparagraph (A).''.\n (c) Conforming Amendments.--\n (1) Section 401(k)(2)(B)(i) of such Code is amended by \n striking ``or'' at the end of subclause (IV), by striking \n ``and'' at the end of subclause (V) and inserting ``or'', and \n by adding at the end the following new subclause:\n ``(VI) in the case of a qualified \n principal residence mortgage payment \n distribution (as defined in section \n 72(t)(9)), the date of such \n distribution, and''.\n (2) Paragraphs (7)(A)(ii) and (11)(C) of section 403(b) of \n such Code are each amended by striking ``section 72(t)(2)(G)'' \n and inserting ``subparagraph (G) or (H) of section 72(t)''.\n (d) Effective Date.--The amendments made by this section shall \napply to distributions made in taxable years ending after the date of \nthe enactment of this Act.","summary":"Hardship Outlays to protect Mortgagee Equity (HOME) Act - Amends the Internal Revenue Code to allow taxpayers to withdraw amounts from their tax-exempt pension and retirement plans, without incurring the 10 penalty otherwise imposed on such withdrawals, to make mortgage payments on their principal residences.","title":"A bill to amend the Internal Revenue Code of 1986 to provide penalty free distributions from certain retirement plans for mortgage payments with respect to a principal residence and to modify the rules governing hardship distributions.","text_len":5094,"sum_len":310} {"bill_id":"111_hr3894","text":"SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM.\n\n Part Q of title III (42 U.S.C. 280h et seq.) is amended by \ninserting after section 399W the following:\n\n``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION \n PROGRAM.\n\n ``(a) Program.--The Secretary shall establish a community-based \noverweight and obesity prevention program consisting of awarding grants \nand contracts under subsection (b).\n ``(b) Grants.--The Secretary shall award grants to, or enter into \ncontracts with, eligible entities--\n ``(1) to plan evidence-based programs for the prevention of \n overweight and obesity among children and their families \n through improved nutrition and increased physical activity; or\n ``(2) to implement such programs.\n ``(c) Eligibility.--To be eligible for a grant or contract under \nsubsection (b), an entity shall be a community partnership that \ndemonstrates community support and includes--\n ``(1) a broad cross section of stakeholders, such as--\n ``(A) hospitals, health care systems, community \n health centers, or other health care providers;\n ``(B) universities, local educational agencies, or \n childcare providers;\n ``(C) State, local, and tribal health departments;\n ``(D) State, local, and tribal park and recreation \n departments;\n ``(E) employers; and\n ``(F) health insurance companies;\n ``(2) residents of the community; and\n ``(3) representatives of public and private entities that \n have a history of working within and serving the community.\n ``(d) Period of Awards.--\n ``(1) In general.--The period of a grant or contract under \n this section shall be 5 years, subject to renewal under \n paragraph (2).\n ``(2) Renewal.--At the end of each fiscal year, the \n Secretary may renew a grant or contract award under this \n section only if the grant or contract recipient demonstrates to \n the Secretary's satisfaction that the recipient has made \n appropriate, measurable progress in preventing overweight and \n obesity.\n ``(e) Requirements.--\n ``(1) In general.--The Secretary may award a grant or \n contract under this section to an entity only if the entity \n demonstrates to the Secretary's satisfaction that--\n ``(A) not later than 90 days after receiving the \n grant or contract, the entity will establish a steering \n committee to provide input on the assessment of, and \n recommendations on improvements to, the entity's \n program funded through the grant or contract; and\n ``(B) the entity has conducted or will conduct an \n assessment of the overweight and obesity problem in its \n community, including the extent of the problem and \n factors contributing to the problem.\n ``(2) Matching requirement.--The Secretary may award a \n grant or contract to an eligible entity under this section only \n if the entity agrees to provide, from non-Federal sources, an \n amount equal to $1 (in cash or in kind) for each $9 provided \n through the grant or contract to carry out the activities \n supported by the grant or contract.\n ``(3) Payor of last resort.--The Secretary may award a \n grant or contract under this section to an entity only if the \n entity demonstrates to the satisfaction of the Secretary that \n funds received through the grant or contract will not be \n expended for any activity to the extent that payment has been \n made, or can reasonably be expected to be made--\n ``(A) under any insurance policy;\n ``(B) under any Federal or State health benefits \n program (including titles XIX and XXI of the Social \n Security Act); or\n ``(C) by an entity which provides health services \n on a prepaid basis.\n ``(4) Maintenance of effort.--The Secretary may award a \n grant or contract under this section to an entity only if the \n entity demonstrates to the satisfaction of the Secretary that--\n ``(A) funds received through the grant or contract \n will be expended only to supplement, and not supplant, \n non-Federal and Federal funds otherwise available to \n the entity for the activities to be funded through the \n grant or contract; and\n ``(B) with respect to such activities, the entity \n will maintain expenditures of non-Federal amounts for \n such activities at a level not less than the lesser of \n such expenditures maintained by the entity for the \n fiscal year preceding the fiscal year for which the \n entity receives the grant or contract.\n ``(f) Preferences.--In awarding grants and contracts under this \nsection, the Secretary shall give preference to eligible entities \nthat--\n ``(1) will serve communities with high levels of overweight \n and obesity and related chronic diseases; or\n ``(2) will plan or implement activities for the prevention \n of overweight and obesity in school or workplace settings.\n ``(g) Report.--The Secretary shall submit to the Congress an annual \nreport on the program of grants and contracts awarded under this \nsection.\n ``(h) Definitions.--In this section:\n ``(1) The term `evidence-based' means that methodologically \n sound research has demonstrated a beneficial health effect in \n the judgment of the Secretary and includes the Ways to Enhance \n Children's Activity and Nutrition (We Can) program and \n curriculum of the National Institutes of Health.\n ``(2) The term `local educational agency' has the meaning \n given to the term in section 9101 of the Elementary and \n Secondary Education Act of 1965.\n ``(i) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated $10,000,000 for fiscal year \n2011 and such sums as may be necessary for each of fiscal years 2012 \nthrough 2015.''.","summary":"Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a community-based overweight and obesity prevention program under which the Secretary shall award grants to, or enter into contracts with, eligible entities to plan and implement evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity. Sets the period of a grant or contract at five years, subject to renewal. Requires an entity, to be eligible, to be a community partnership that demonstrates community support. Authorizes the Secretary to award a grant or contract to only an entity that: (1) demonstrates that it will establish a steering committee to provide input on the assessment of, and improvements to, the entity's program and has conducted or will conduct an assessment of the overweight and obesity problem in its community. (2) agrees to provide non-federal amounts equal to $1 for each $9 provided. And (3) demonstrates that it will maintain its previous level of spending for funded activities. Directs the Secretary to give preference to entities that will: (1) serve communities with high levels of overweight and obesity and related chronic diseases. And (2) plan or implement activities for the prevention of overweight and obesity in school or workplace settings.","title":"To amend the Public Health Service Act to authorize a community-based overweight and obesity prevention program.","text_len":6549,"sum_len":1398} {"bill_id":"114_hr74","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Custodial Interrogation Recording \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) According to the National Conference of Commissioners \n on Uniform State Laws, research has demonstrated that video \n recording of custodial interrogations furthers three important \n civic values: truth-finding, efficient and fair administration \n of justice, and protection of constitutional guarantees. See \n Richard A. Leo, Police Interrogation and American Justice 296-\n 305 (2008); Thomas P. Sullivan, Recording Federal Custodial \n Interviews, 45 Am. Crim. L. Rev. 1297 (2008).\n (2) Video recording of the entire process of custodial \n interrogation has proven to be a major advance in law \n enforcement, improving the ability to solve crimes and prove \n cases while lowering the overall costs of investigation and \n litigation.\n (3) Video recording of custodial interrogations promotes \n truth-finding in several ways, including by reducing the \n incentive to fabricate, compensating for faulty or unreliable \n recollections of witnesses, deterring problematic interrogation \n methods, filtering out weak cases, and enhancing the ability of \n finders of fact to assess witness credibility and veracity.\n (4) Video recording of custodial interrogations promotes \n efficiency in the administration of the criminal justice system \n by reducing the number of frivolous suppression motions, \n improving the quality of police investigations, improving the \n quality of review and case screening by prosecutors, and \n reducing the likelihood of hung juries.\n (5) Video recording of custodial interrogations safeguards \n constitutional rights and values by making it easier for courts \n to adjudicate motions to suppress, by making it easier for \n prosecutors to preserve and disclose material exculpatory \n evidence required under the Supreme Court decision in Brady v. \n Maryland, 373 U.S. 83 (1963), by making it easier for superiors \n to train police officers in how to comply with constitutional \n mandates and for the press, and by making it easier for the \n press, the judiciary, prosecutors, independent watchdog groups, \n and police administrators to identify and correct misuses of \n power by law enforcement.\n (6) Video recordings of custodial interrogations make it \n easier to identify and avoid biases, which would otherwise be \n difficult to detect and correct because such biases are often \n unconscious, thus operating outside police awareness.\n (7) Video recordings of custodial interrogations help to \n improve public confidence in the fairness and professionalism \n of policing, which in a democracy not only is a good in itself \n but also a proven means of reducing crime and enhancing citizen \n cooperation in solving crimes.\n (8) Video recording of the entire process of custodial \n interrogation is likely to be a major boon to law enforcement, \n improving its ability to prove its cases while lowering overall \n costs of investigation and litigation. Such recording will \n also, however, improve systemic accuracy, fairness to the \n accused and the State alike, protection of constitutional \n rights, and public confidence in the justice system.\n\nSEC. 3. AMENDMENT.\n\n Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711) is amended--\n (1) in section 1001(a), by adding at the end the following:\n ``(27) There are authorized to be appropriated to carry out \n part LL such sums as may be necessary for each of the first 5 \n fiscal years beginning after the date of the enactment of such \n part.''; and\n (2) by adding at the end the following:\n\n ``PART LL--CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS\n\n``SEC. 3021. CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS.\n\n ``(a) Grant Program.--The Attorney General shall make grants to \nStates and units of local government to take whatever steps the \nAttorney General determines to be necessary to achieve the complete and \naccurate recording, by both audio and video means, of every custodial \ninterrogation occurring within the State or unit of local government.\n ``(b) Matching Requirement.--The portion of the costs of a program \nfunded by a grant under this section may not exceed 75 percent.\n ``(c) Definition of Custodial Interrogation.--In this section, the \nterm `custodial interrogation' means questioning or other conduct by a \nlaw enforcement officer which is reasonably likely to elicit an \nincriminating response from an individual and occurs when reasonable \nindividuals in the same circumstances would consider themselves in \ncustody.''.","summary":"Custodial Interrogation Recording Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make grants to states and local governments for the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the state or unit of local government.","title":"Custodial Interrogation Recording Act","text_len":5080,"sum_len":338} {"bill_id":"112_hr3526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Heart Disease Education, Analysis, \nResearch, and Treatment for Women Act'' or the ``HEART for Women Act''.\n\nSEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND \n DEVICES.\n\n (a) In General.--The Comptroller General of the United States shall \nconduct a study investigating the extent to which sponsors of clinical \nstudies of investigational drugs, biologics, and devices and sponsors \nof applications for approval or licensure of new drugs, biologics, and \ndevices comply with Food and Drug Administration requirements and \nfollow guidance for presentation of clinical study safety and \neffectiveness data by sex, age, and racial subgroups.\n (b) Report by GAO.--\n (1) Submission.--Not later than 12 months after the date of \n the enactment of this Act, the Comptroller General shall \n complete the study under subsection (a) and submit to the \n Committee on Energy and Commerce of the House of \n Representatives and the Committee on Health, Education, Labor, \n and Pensions of the Senate a report on the results of such \n study.\n (2) Contents.--The report required by paragraph (1) shall \n include each of the following:\n (A) A description of the extent to which the Food \n and Drug Administration assists sponsors in complying \n with the requirements and following the guidance \n referred to in subsection (a).\n (B) A description of the effectiveness of the Food \n and Drug Administration's enforcement of compliance \n with such requirements.\n (C) An analysis of the extent to which females, \n racial and ethnic minorities, and adults of all ages \n are adequately represented in Food and Drug \n Administration-approved clinical studies (at all \n phases) so that product safety and effectiveness data \n can be evaluated by gender, age, and racial subgroup.\n (D) An analysis of the extent to which a summary of \n product safety and effectiveness data disaggregated by \n sex, age, and racial subgroup is readily available to \n the public in a timely manner by means of the product \n label or the Food and Drug Administration's Web site.\n (E) Appropriate recommendations for--\n (i) modifications to the requirements and \n guidance referred to in subsection (a); or\n (ii) oversight by the Food and Drug \n Administration of such requirements.\n (c) Report by HHS.--Not later than 6 months after the submission by \nthe Comptroller General of the report required under subsection (b), \nthe Secretary of Health and Human Services shall submit to the \nCommittee on Energy and Commerce of the House of Representatives and \nthe Committee on Health, Education, Labor, and Pensions of the Senate a \nresponse to such report, including a corrective action plan as needed \nto respond to the recommendations in such report.\n (d) Biennial Reports by the Food and Drug Administration.--Not \nlater than 2 years after the date of enactment of this Act, and every 2 \nyears thereafter--\n (1) the Director of the Office of Women's Health of the \n Food and Drug Administration shall submit to the Committee on \n Energy and Commerce of the House of Representatives and the \n Committee on Health, Education, Labor, and Pensions of the \n Senate, a report that includes each of the elements described \n in subparagraphs (A) through (E) of subsection (b)(2), with \n respect to women's health; and\n (2) the Director of the Office of Minority Health of the \n Food and Drug Administration shall submit to such Committees a \n report that includes each of such elements, with respect to \n minority health.\n (e) Definitions.--In this section:\n (1) The term ``biologic'' has the meaning given to the term \n ``biological product'' in section 351(i) of the Public Health \n Service Act (42 U.S.C. 262(i)).\n (2) The term ``device'' has the meaning given to such term \n in section 201(h) of the Federal Food, Drug, and Cosmetic Act \n (21 U.S.C. 321(h)).\n (3) The term ``drug'' has the meaning given to such term in \n section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 321(g)).\n\nSEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH \n CARDIOVASCULAR DISEASES.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN \n WITH CARDIOVASCULAR DISEASES.\n\n ``Not later than September 30, 2014, and annually thereafter, the \nSecretary of Health and Human Services shall prepare and submit to the \nCongress a report on the quality of and access to care for women with \nheart disease, stroke, and other cardiovascular diseases. The report \nshall contain recommendations for eliminating disparities in, and \nimproving the treatment of, heart disease, stroke, and other \ncardiovascular diseases in women.''.\n\nSEC. 4. EXTENSION OF WISEWOMAN PROGRAM.\n\n Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) \nis amended--\n (1) in subsection (a)--\n (A) by striking the heading and inserting ``In \n General.--''; and\n (B) in the matter preceding paragraph (1), by \n striking ``may make grants'' and all that follows \n through ``purpose'' and inserting the following: ``may \n make grants to such States for the purpose'';\n (2) in subsection (d)(1), by striking ``there are \n authorized'' and all that follows through the period and \n inserting ``there are authorized to be appropriated $23,000,000 \n for fiscal year 2012, $25,300,000 for fiscal year 2013, \n $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year \n 2015, and $34,000,000 for fiscal year 2016.''; and\n (3) by adding at the end the following new subsection:\n ``(e) Study.--\n ``(1) The Secretary shall (directly or through grants or \n contracts) conduct a study of the impact of the Patient \n Protection and Affordable Care Act on the preventive health \n services, referrals, and follow-up services described in \n subsection (a).\n ``(2) Not later than 18 months after the date of enactment \n of this subsection, the Secretary shall submit to the Committee \n on Energy and Commerce of the House of Representatives and to \n the Committee on Health, Education, Labor, and Pensions of the \n Senate a report containing the results of the study under \n paragraph (1) and recommendations for improving the provision \n of preventive health services, referrals, and follow-up \n services described in paragraph (1) to women eligible for such \n services under grants funded under this section.''.","summary":"Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies. And (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.","title":"To amend the Public Health Service Act to improve women's health by prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, and for other purposes.","text_len":7430,"sum_len":1897} {"bill_id":"111_hr1580","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Device Recycling Research \nand Development Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The volume of electronic devices in the United States \n is substantial and will continue to grow. The Environmental \n Protection Agency estimates that over 2 billion computers, \n televisions, wireless devices, printers, gaming systems, and \n other devices have been sold since 1980, generating 2 million \n tons of unwanted electronic devices in 2005 alone.\n (2) Electronic devices can be recycled or refurbished to \n recover and conserve valuable materials, such as gold, copper, \n and platinum. However, according to the Environmental \n Protection Agency, only 15 to 20 percent of electronic devices \n discarded from households reach recyclers.\n (3) The electronic device recycling industry in the United \n States is growing; however, challenges remain for the recycling \n of electronic devices by households and other small generators. \n Collection of such electronic devices is expensive, and \n separation and proper recycling of some of the materials \n recovered, like lead from cathode-ray tube televisions, is \n costly.\n (4) The export of unwanted electronic devices to developing \n countries also presents a serious challenge. The crude methods \n of many of the recycling operations in these countries can \n expose workers to harmful chemicals, jeopardizing their health \n and polluting the environment.\n (5) Some of the challenges to increasing the recyclability \n of electronic devices can be addressed by improving the \n logistics and technology of the collection and recycling \n process, designing electronic devices to avoid the use of \n hazardous materials and to be more easily recycled, and \n encouraging the use of recycled materials in more applications.\n (6) The public currently does not take full advantage of \n existing electronic device recycling opportunities. Studying \n factors that influence behavior and educating consumers about \n responsible electronic device recycling could help communities \n and private industry develop recycling programs that draw more \n participation.\n (7) The development of tools and technologies to increase \n the lifespan of electronic devices and to promote their safe \n reuse would decrease the impact of the production of electronic \n devices on the environment and likely increase the \n recyclability of such devices.\n (8) Accurately assessing the environmental impacts of the \n production of electronic devices and the recycling of such \n devices is a complex task. Data, tools, and methods to better \n quantify these impacts would help policymakers and others \n determine the best end-of-life management options for \n electronic devices.\n\nSEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND \n DEMONSTRATION PROJECTS.\n\n (a) In General.--The Administrator shall award multiyear grants to \nconsortia to conduct research to create innovative and practical \napproaches to manage the environmental impacts of electronic devices \nand, through the conduct of this research, to contribute to the \nprofessional development of scientists, engineers, and technicians in \nthe fields of electronic device manufacturing, design, refurbishing, \nand recycling. The grants awarded under this section shall support \nresearch to--\n (1) increase the efficiency of and improve electronic \n device collection and recycling;\n (2) expand the uses and applications for materials \n recovered from electronic devices;\n (3) develop and demonstrate environmentally friendly \n alternatives to the use of hazardous and potentially hazardous \n materials in electronic devices and the production of such \n devices;\n (4) develop methods to identify, separate, and remove \n hazardous and potentially hazardous materials from electronic \n devices and to reuse, recycle, or dispose of such materials in \n a safe manner;\n (5) reconsider product design and assembly to facilitate \n and improve refurbishment, reuse, and recycling of electronic \n devices, including an emphasis on design for recycling;\n (6) conduct lifecycle analyses of electronic devices, \n including developing tools and methods to assess the \n environmental impacts of the production, use, and end-of-life \n management of electronic devices and electronic device \n components;\n (7) develop product design, tools, and techniques to extend \n the lifecycle of electronic devices, including methods to \n promote their upgrade and safe reuse; and\n (8) identify the social, behavioral, and economic barriers \n to recycling and reuse for electronic devices and develop \n strategies to increase awareness, consumer acceptance, and the \n practice of responsible recycling and reuse for such devices.\n (b) Merit Review; Competition.--Grants shall be awarded under this \nsection on a merit-reviewed, competitive basis.\n (c) Applications.--A consortium shall submit an application for a \ngrant under this section to the Administrator at such time, in such \nmanner, and containing such information and assurances as the \nAdministrator may require. The application shall include a description \nof--\n (1) the research project that will be undertaken by the \n consortium and the contributions of each of the participating \n entities, including the for-profit entity;\n (2) the applicability of the project to reduce impediments \n to electronic device recycling in the electronic device design, \n manufacturing, refurbishing, or recycling industries;\n (3) the potential for and feasibility of incorporating the \n research results into industry practice; and\n (4) how the project will promote collaboration among \n scientists and engineers from different disciplines, such as \n electrical engineering, materials science, and social science.\n (d) Dissemination of Research Results.--Research results shall be \nmade publicly available through--\n (1) development of best practices or training materials for \n use in the electronic device manufacturing, design, \n refurbishing, or recycling industries;\n (2) dissemination at conferences affiliated with such \n industries;\n (3) publication on the Environmental Protection Agency's \n Web site;\n (4) demonstration projects; or\n (5) educational materials for the public produced in \n conjunction with State governments, local governments, or \n nonprofit organizations on problems and solutions related to \n electronic device recycling and reuse.\n (e) Funding Contribution From For-Profit Member of Consortium.--The \nfor-profit entity participating in the consortium shall contribute at \nleast 10 percent of the total research project cost, either directly or \nwith in-kind contributions.\n (f) Protection of Proprietary Information.--The Administrator--\n (1) shall not disclose any proprietary information or trade \n secrets provided by any person or entity pursuant to this \n section;\n (2) shall ensure that, as a condition of receipt of a grant \n under this section, each member of the consortium has in place \n proper protections to maintain proprietary information or trade \n secrets contributed by other members of the consortium; and\n (3) if any member of the consortium breaches the conditions \n under paragraph (2) or discloses proprietary information or \n trade secrets, may require the return of any funds received \n under this section by such member.\n (g) Biennial Report.--Within 2 years after the date of enactment of \nthis Act, and every 2 years thereafter, the Administrator shall \ntransmit a report to Congress that provides--\n (1) a list of the grants awarded under this section;\n (2) the entities participating in each consortium receiving \n a grant;\n (3) a description of the research projects carried out in \n whole or in part with funds made available under such a grant;\n (4) the results of such research projects; and\n (5) a description of the rate and success of the adoption \n or integration of such research results into the manufacturing \n processes, management practices, and products of the \n electronics industry.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n (1) $18,000,000 for fiscal year 2010.\n (2) $20,000,000 for fiscal year 2011.\n (3) $22,000,000 for fiscal year 2012.\n\nSEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE \n RECYCLING.\n\n (a) In General.--In order to better recognize gaps and \nopportunities in the research and training programs established in this \nAct, the Administrator shall enter into an arrangement with the \nNational Academy of Sciences for a report, to be transmitted to \nCongress not later than 1 year after the date of enactment of this Act, \non--\n (1) opportunities for and barriers to--\n (A) increasing the recyclability of electronic \n devices, specifically addressing--\n (i) recycling or safe disposal of \n electronic devices and low value materials \n recovered from such devices;\n (ii) designing electronic devices to \n facilitate reuse and recycling; and\n (iii) the reuse of electronic devices; and\n (B) making electronic devices safer and more \n environmentally friendly, specifically addressing \n reducing the use of hazardous materials and potentially \n hazardous materials in electronic devices;\n (2) the environmental and human health risks posed by the \n storage, transport, recycling, and disposal of unwanted \n electronic devices;\n (3) the current status of research and training programs to \n promote the environmental design of electronic devices to \n increase the recyclability of such devices; and\n (4) any regulatory or statutory barriers that may prevent \n the adoption or implementation of best management practices or \n technological innovations that may arise from the research and \n training programs established in this Act.\n (b) Recommendations.--The report under subsection (a) shall \nidentify gaps in the current research and training programs in \naddressing the opportunities, barriers, and risks relating to \nelectronic device recycling, and the report shall recommend areas where \nadditional research and development resources are needed to reduce the \nimpact of unwanted electronic devices on the environment.\n\nSEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.\n\n (a) Grant Program.--The Administrator, in consultation with the \nDirector of the National Science Foundation, shall award grants to \ninstitutions of higher education to develop curricula that incorporates \nthe principles of environmental design into the development of \nelectronic devices--\n (1) for the training of electrical, mechanical, industrial, \n manufacturing, materials, and software engineers and other \n students at the undergraduate and graduate level; and\n (2) to support the continuing education of professionals in \n the electronic device manufacturing, design, refurbishing, or \n recycling industries.\n (b) Eligible Entities.--The term ``institution of higher \neducation'', as such term is used with respect to eligibility to \nreceive a grant under subsection (a)(2), includes any institution of \nhigher education under section 101(b) of the Higher Education Act of \n1965 (20 U.S.C. 1001(b)).\n (c) Outreach to Minority Serving Institutions.--The Administrator \nshall conduct outreach to minority serving institutions for the \npurposes of providing information on the grants available under this \nsection and how to apply for such grants.\n (d) Merit Review; Competition.--Grants shall be awarded under this \nsection on a merit-reviewed, competitive basis.\n (e) Use of Funds.--Grants awarded under this section shall be used \nfor activities that enhance the ability of an institution of higher \neducation to broaden the undergraduate and graduate-level engineering \ncurriculum or professional continuing education curriculum to include \nenvironmental engineering design principles and consideration of \nproduct lifecycles related to electronic devices and increasing the \nrecyclability of such devices. Activities may include--\n (1) developing and revising curriculum to include \n multidisciplinary elements;\n (2) creating research and internship opportunities for \n students through partnerships with industry, nonprofit \n organizations, or government agencies;\n (3) creating and establishing certificate programs; and\n (4) developing curricula for short courses and continuing \n education for professionals in the environmental design of \n electronic devices to increase the recyclability of such \n devices.\n (f) Application.--An institution of higher education seeking a \ngrant under this section shall submit an application to the \nAdministrator at such time, in such manner, and with such information \nand assurances as the Administrator may require.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n (1) $5,000,000 for fiscal year 2010.\n (2) $5,150,000 for fiscal year 2011.\n (3) $5,304,000 for fiscal year 2012.\n\nSEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL \n PROPERTY DATABASE.\n\n (a) In General.--The Director shall establish an initiative to \ndevelop a comprehensive physical property database for environmentally \nfriendly alternative materials for use in electronic devices.\n (b) Priorities.--The Director, working with the electronic device \ndesign, manufacturing, or recycling industries, shall develop a \nstrategic plan to establish priorities and the physical property \ncharacterization requirements for the database described in subsection \n(a).\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n (1) $3,000,000 for fiscal year 2010.\n (2) $3,000,000 for fiscal year 2011.\n (3) $3,000,000 for fiscal year 2012.\n\nSEC. 7. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Consortium.--The term ``consortium'' means a grant \n applicant or recipient under section 3(a) that includes--\n (A) at least one institution of higher education, \n nonprofit research institution, or government \n laboratory; and\n (B) at least one for-profit entity, including a \n manufacturer, designer, refurbisher, or recycler of \n electronic devices or the components of such devices.\n (3) Director.--The term ``Director'' means the Director of \n the National Institute of Standards and Technology.\n (4) Electronic device.--The term ``electronic device'' may \n include computers, computer monitors, televisions, laptops, \n printers, wireless devices, copiers, fax machines, stereos, \n video gaming systems, and the components of such devices.\n (5) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (6) Minority serving institution.--The term ``minority \n serving institution'' means an institution that is an eligible \n institution under section 371(a) of the Higher Education Act of \n 1965 (20 U.S.C. 1067q(a)).\n\n Passed the House of Representatives April 22, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Electronic Device Recycling Research and Development Act - Requires the Administrator of the Environmental Protection Agency (EPA) to award multiyear grants through a competitive, merit-based process to consortia: (1) to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices through recycling, reuse, reduction of the use of hazardous materials, and life-cycle extension. And (2) through such research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling. Sets forth the ways in which research results shall be disseminated to the public. Provides for the protection of proprietary information of trade secrets provided by any person or entity pursuant to this Act. Requires the Administrator to report to Congress biennially on the grants awarded and the results of research projects carried out under such grants. Requires the Administrator to enter into an arrangement for the National Academy of Sciences to report to Congress on: (1) opportunities for, and barriers to, increasing the recyclability of electronic devices and making electronic devises safer and more environmentally friendly. (2) the risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices. (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices. And (4) regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. Requires such reports to: (1) identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling. And (2) recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment. Requires the Administrator to award grants through a competitive, merit-based process to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices: (1) for the training of engineers and other students. And (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. Requires: (1) the Administrator to conduct outreach to minority serving institutions to provide information about the grants. And (2) such grants to be used for activities that enhance the ability of an institution to broaden the engineering or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices. Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices. And (2) develop a strategic plan to establish priorities and physical property characterization requirements for the database. Authorizes appropriations.","title":"To authorize the Administrator of the Environmental Protection Agency to award grants for electronic device recycling research, development, and demonstration projects, and for other purposes.","text_len":17209,"sum_len":3436} {"bill_id":"111_hr1311","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unemployment Assistance Act of \n2009''.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME OF UNEMPLOYMENT DISTRIBUTIONS FROM \n TAX-FAVORED ACCOUNTS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code is amended by inserting after section 139B the \nfollowing new section:\n\n``SEC. 139C. DISTRIBUTIONS FROM TAX-FAVORED ACCOUNT DURING PERIODS OF \n UNEMPLOYMENT.\n\n ``(a) In General.--Gross income shall not include any qualified \nunemployment distribution from a tax-favored account.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Qualified unemployment distribution.--\n ``(A) In general.--The term `qualified unemployment \n distribution' means, with respect to an individual, any \n distribution from a tax-favored account of such \n individual to the extent such distribution--\n ``(i) is made during a period of \n unemployment which does not exceed 2 years, and\n ``(ii) is used during such period by the \n individual to pay qualified living expenses, \n qualified health care expenses, or qualified \n education or job training expenses.\n ``(B) Qualified living expenses.--The term \n `qualified living expenses' means any of the following \n expenses of the taxpayer: rent, acquisition \n indebtedness (as defined in section 164(h)(3)(B)), \n groceries, repairs with respect to a vehicle or \n principal residence (within the meaning of section 121) \n of the taxpayer, and any other such necessary and \n common expenses of the individuals. Such term shall not \n include any prepayment of rent or acquisition \n indebtedness.\n ``(C) Qualified health care expenses.--The term \n `qualified health care expenses' means amounts paid by \n such individual for medical care (as defined in section \n 213(d) for such individual, the spouse of such \n individual, and any dependent (as defined in section \n 152, determined without regard to subsections (b)(1), \n (b)(2), and (d)(1)(B) thereof) of such individual, but \n only to the extent such amounts are not compensated for \n by insurance or otherwise.\n ``(D) Qualified education or job training \n expenses.--The term `qualified education or job \n training expenses' means any expenses which would (but \n for subsection (c)) be qualified tuition and related \n expenses for purposes of section 25A(c) (relating to \n Lifetime Learning Credit).\n ``(2) Tax-favored account.--The term `tax-favored account' \n means any of the following:\n ``(A) An eligible retirement plan (as defined in \n section 402(c)(8)(B)).\n ``(B) A health savings account described in section \n 223.\n ``(C) A Roth IRA.\n ``(D) A qualified tuition program described in \n section 529.\n ``(c) Amount Distributed May Be Repaid.--\n ``(1) In general.--Any individual who receives a qualified \n unemployment distribution may make one or more contributions in \n an aggregate amount not to exceed the amount of such \n distribution to a tax-favored account of which such individual \n is a beneficiary and to which a rollover contribution of such \n distribution could be made under section 402(c), 403(a)(4), \n 403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5), or \n 529(c)(3)(C), as the case may be.\n ``(2) Treatment of repayments of distributions from \n eligible retirement plans other than iras.--For purposes of \n this title, if a contribution is made pursuant to subparagraph \n (A) with respect to a qualified unemployment distribution from \n an eligible retirement plan other than an individual retirement \n plan, then the taxpayer shall, to the extent of the amount of \n the contribution, be treated as having received the qualified \n unemployment distribution in an eligible rollover distribution \n (as defined in section 402(c)(4)) and as having transferred the \n amount to the eligible retirement plan in a direct trustee to \n trustee transfer within 60 days of the distribution.\n ``(3) Treatment of repayments for distributions from \n iras.--For purposes of this title, if a contribution is made \n pursuant to subparagraph (A) with respect to a qualified \n unemployment distribution from an individual retirement plan \n (as defined by section 7701(a)(37)), then, to the extent of the \n amount of the contribution, the qualified unemployment \n distribution shall be treated as a distribution described in \n section 408(d)(3) and as having been transferred to the \n eligible retirement plan in a direct trustee to trustee \n transfer within 60 days of the distribution.\n ``(4) Other tax-favored accounts.--For purposes of this \n title, if a contribution is made pursuant to subparagraph (A) \n with respect to a qualified unemployment distribution--\n ``(A) from a health savings account described in \n section 223, or\n ``(B) from a qualified tuition program described in \n section 529\n then, to the extent of the amount of the contribution, the \n qualified unemployment distribution shall be treated as a \n distribution described in section 529(c)(3)(C) or 223(f)(5), as \n the case may be, and as having been transferred to such account \n or program, as the case may be, within 60 days of the \n distribution.\n ``(d) Denial of Double Benefit.--Any qualified unemployment \ndistribution with respect to any expense described in (b)(1)(A)(ii) \nwhich is excluded from gross income under this section shall not be \ntaken into account in determining any deduction or credit under this \nchapter relating to such an expense.''.\n (b) Conforming Amendment.--Paragraph (2) of section 72(t) of such \nCode is amended by adding at the end the following new subparagraph:\n ``(H) Unemployment distributions.--Any distribution \n excludable from gross income under section 139C \n (relating to distributions from tax-favored account \n during periods of unemployment).''.\n (c) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code is amended by inserting after \nthe item relating to section 139B the following new section:\n\n``Sec. 139C. Distributions from tax-favored account during periods of \n unemployment.''.\n (d) Effective Date.--The amendments made by this section shall \napply to distributions made after the date of the enactment of this \nAct.","summary":"Unemployment Assistance Act of 2009 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to pay for certain living, health care and education or job training expenses of a taxpayer during a period of unemployment not exceeding two years.","title":"To amend the Internal Revenue Code of 1986 to exclude from gross income amounts distributed from tax-favored accounts during a period of unemployment.","text_len":7395,"sum_len":402} {"bill_id":"107_hr4673","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medication Error Prevention Act of \n2002''.\n\nSEC. 2. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; \n DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR \n PREVENTING MEDICATION ERRORS.\n\n Part B of title II of the Public Health Service Act (42 U.S.C. 238 \net seq.) is amended by adding at the end the following section:\n\n``SEC. 249. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; \n DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR \n PREVENTING MEDICATION ERRORS.\n\n ``(a) Privileged Legal Status of Reported Information.--If the \nSecretary approves a program as meeting the criteria described in \nsubsection (b) to serve as the reporting program for purposes of this \nsection, any medication error information submitted to the reporting \nprogram by a health care provider pursuant to an agreement under \nparagraph (3) of such subsection is privileged for purposes of Federal \nand State judicial proceedings in civil matters, and for purposes of \nFederal and State administrative proceedings, including with respect to \ndiscovery and subpoenas.\n ``(b) Criteria for Reporting Program.--With respect to the approval \nby the Secretary of a reporting program for purposes of this section, \nthe criteria referred to in subsection (a) are as follows:\n ``(1) The reporting program is operated by The United \n States Pharmacopeial Convention, Incorporated (except that if \n such entity declines to operate a reporting program for \n purposes of this section, the Secretary may accept another \n nonprofit private entity for such purposes).\n ``(2) Under such program, health care providers voluntarily \n submit medication error information to the program, and the \n program uses the information for the purpose of developing and \n disseminating recommendations and information with respect to \n preventing such errors, including recommendations in the form \n of protocols, procedures, and best-practices information.\n ``(3) The use by the program of medication error \n information submitted to the program by a health care provider \n is governed by an agreement entered into by the program and the \n provider.\n ``(4) Such agreement includes the following policies \n (without regard to whether the following language is used in \n the agreement):\n ``(A) Subject to subparagraph (B), the reporting \n program reserves the right to disclose to third parties \n medication error information submitted by a health care \n provider if, in the judgment of the program, the \n information can be used for purposes of furthering \n research, education, standards setting, improvement in \n processes, product improvement, public health, or \n public safety.\n ``(B) If such a disclosure is made, the extent of \n information disclosed will be limited to the \n information required to meet the purposes described in \n subparagraph (A).\n ``(c) Federal Disclosures.--Officers and employees of a Federal \nagency may not disclose any medication error information that is \nreceived by the agency from the reporting program pursuant to an \nagreement between the agency and the program, except to the extent that \ndisclosure of the information is authorized by the agreement. The \npreceding sentence applies notwithstanding any other provision of law.\n ``(d) Scope of Privilege.--With respect to Federal and State \njudicial proceedings in civil matters, and Federal and State \nadministrative proceedings:\n ``(1) In the case of a health care provider:\n ``(A) The privilege under subsection (a) protects \n all medication error information of the provider that \n is provided in a submission to the reporting program or \n is developed for purposes of such a submission, subject \n to subparagraph (B).\n ``(B) The privilege does not protect medication \n error information in patient medical records of the \n provider, or other information that is in the custody \n of the provider and is developed or maintained by the \n provider separately from the process of developing \n medication error information for submission to the \n program.\n ``(2) In the case of the reporting program, the privilege \n protects all medication error information that is received by \n the program pursuant to agreements under subsection (b)(3).\n ``(3) In the case of other entities (whether public or \n private), the privilege protects all medication error \n information that is received by the entity from the reporting \n program pursuant to an agreement between the entity and the \n program, except to the extent that disclosure of the \n information is authorized by the agreement.\n ``(e) Rule of Construction.--The submission by a health care \nprovider of medication error information to the reporting program may \nnot be construed as waiving any privilege that, under Federal or State \nconstitutions or laws, may exist with respect to the information.\n ``(f) Definitions.--For purposes of this section:\n ``(1) The term `health care provider' means individuals and \n organizations that provide health services. Such term \n includes--\n ``(A) physicians, nurses, pharmacists, and other \n health professionals; and\n ``(B) hospitals, pharmacies, clinics, long-term \n care facilities, intermediate care facilities, \n residential treatment centers, and other entities that \n provide health services.\n ``(2) The term `medication error' means any preventable \n event that may cause or lead to inappropriate medication use or \n patient harm while the medication is in the control of the \n health care professional, patient, or consumer. Such events may \n be related to professional practice, health care products, \n procedures, and systems, including prescribing; order \n communication; product labeling, packaging, and nomenclature; \n compounding; dispensing; distribution; administration; \n education; monitoring; and use.\n ``(3) The term `medication error information' means \n information developed by or on behalf of a health care provider \n in connection with a medication error.\n ``(4) The term `reporting program' means the program \n approved under subsection (a).''.","summary":"Medication Error Prevention Act of 2002 - Amends the Public Health Service Act to make medication error information privileged for Federal and State administrative and civil judicial proceedings if the information is voluntarily submitted by a health care provider to a program, approved by the Secretary of Health and Human Services, for the purpose of developing and disseminating recommendations and information regarding preventing such errors.","title":"To amend the Public Health Service Act to provide for voluntary reporting by health care providers of medication error information in order to assist appropriate public and nonprofit private entities in developing and disseminating recommendations and information with respect to preventing medication errors.","text_len":6988,"sum_len":448} {"bill_id":"109_hr5734","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes Water Protection Act''.\n\nSEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.\n\n Section 402 of the Federal Water Pollution Control Act (22 U.S.C. \n1342) is amended by adding at the end the following:\n ``(r) Prohibition on Sewage Dumping Into the Great Lakes.--\n ``(1) In general.--A publicly owned treatment works is \n prohibited from intentionally diverting waste streams to bypass \n any portion of a treatment facility at the treatment works if \n the diversion results in a discharge into the Great Lakes \n unless--\n ``(A)(i) the bypass is unavoidable to prevent loss \n of life, personal injury, or severe property damage;\n ``(ii) there is not a feasible alternative to the \n bypass, such as the use of auxiliary treatment \n facilities, retention of untreated wastes, or \n maintenance during normal periods of equipment \n downtime; and\n ``(iii) the treatment works provides notice of the \n bypass in accordance with the requirements of this \n subsection; or\n ``(B) the bypass does not cause effluent \n limitations to be exceeded, and the bypass is for \n essential maintenance to ensure efficient operation of \n the treatment facility.\n ``(2) Limitation.--The requirement of paragraph (1)(A)(ii) \n is not satisfied if adequate back-up equipment should have been \n installed in the exercise of reasonable engineering judgment to \n prevent the bypass and the bypass occurred during normal \n periods of equipment downtime or preventive maintenance.\n ``(3) Notice requirements.--A publicly owned treatment \n works shall provide to the Administrator (or to the State in \n the case of a State that has a permit program approved under \n this section)--\n ``(A) prior notice of an anticipated bypass; and\n ``(B) notice of an unanticipated bypass within 24 \n hours following the time the treatment works first \n becomes aware of the bypass.\n ``(4) Follow-up notice requirements.--In the case of an \n unanticipated bypass for which a publicly owned treatment works \n provides notice under paragraph (3)(B), the treatment works \n shall provide to the Administrator (or to the State in the case \n of a State that has a permit program approved under this \n section), not later than 5 days following the date on which the \n treatment works first becomes aware of the bypass, a follow-up \n notice containing a description of--\n ``(A) the cause of the bypass;\n ``(B) the reason for the bypass\n ``(C) the period of bypass, including the exact \n dates and times;\n ``(D) if the bypass has not been corrected, the \n anticipated time the bypass is expected to continue;\n ``(E) the volume of the discharge resulting from \n the bypass;\n ``(F) any public access areas that may be impacted \n by the bypass; and\n ``(G) steps taken or planned to reduce, eliminate, \n and prevent reoccurrence of the bypass.\n ``(5) Public availability of notices.--A publicly owned \n treatment works providing a notice under this subsection, and \n the Administrator (or the State in the case of a State that has \n a permit program approved under this section) receiving such a \n notice, shall each post all such notices provided or received \n in a searchable database accessible on the Internet.\n ``(6) Sewage blending.--Bypasses prohibited by this section \n include bypasses resulting in discharges from a publicly owned \n treatment works that consist of effluent routed around \n treatment units and thereafter blended together with effluent \n from treatment units prior to discharge.\n ``(7) Definitions.--In this subsection, the following \n definitions apply:\n ``(A) Bypass.--The term `bypass' means an \n intentional diversion of waste streams to bypass any \n portion of a treatment facility which results in a \n discharge into the Great Lakes.\n ``(B) Great lakes.--The term `Great Lakes' has the \n meaning given such term by section 118(a)(3).\n ``(C) Treatment facility.--The term `treatment \n facility' includes all wastewater treatment units used \n by a publicly owned treatment works to meet secondary \n treatment standards or higher, as required to attain \n water quality standards, under any operating \n conditions.\n ``(D) Treatment works.--The term `treatment works' \n has the meaning given that term in section 212.\n ``(8) Implementation.--The Administrator shall establish \n procedures to ensure that permits issued under this section (or \n under a State permit program approved under this section) to a \n publicly owned treatment works include requirements to \n implement this subsection.\n ``(9) Maximum civil penalty.--Notwithstanding any provision \n of section 309, the maximum civil penalty which shall be \n assessed for a violation of this subsection, or any permit \n limitation or condition implementing this subsection, shall be \n $100,000 per day for each day the violation occurs.\n ``(10) Effective date.--\n ``(A) In general.--Except as provided by \n subparagraph (B), the requirements of this subsection \n shall become effective beginning January 1, 2026.\n ``(B) Notice requirements.--The requirements of \n paragraphs (3), (4), and (5) shall become effective one \n year after the date of enactment of this subsection.''.\n\nSEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.\n\n (a) In General.--Title V of the Federal Water Pollution Control Act \n(33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as \nsection 520 and inserting after section 518 the following:\n\n``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.\n\n ``(a) Creation of Fund.--There is established in the Treasury of \nthe United States a trust fund to be known as the `Great Lakes Cleanup \nFund' (in this section referred to as the `Fund').\n ``(b) Transfers to Fund.--Effective January 1, 2026, there are \nauthorized to be appropriated to the Fund amounts equivalent to the \npenalties collected for violations of section 402(r).\n ``(c) Administration of Fund.--The Administrator shall administer \nthe Fund.\n ``(d) Use of Funds.--The Administrator shall make the amounts in \nthe Fund available to the Great Lakes States for programs and \nactivities for improving wastewater discharges into the Great Lakes, \nincluding habitat protection and wetland restoration. The Administrator \nshall allocate such amounts among the Great Lakes States based on the \nproportional amount attributable to each Great Lakes State for \npenalties collected for violations of section 402(r).\n ``(e) Priority.--In selecting programs and activities to be funded \nusing amounts made available under this section, a Great Lakes State \nshall give priority consideration to programs and activities that \naddress violations of section 402(r) resulting in the collection of \npenalties.\n ``(f) Definitions.--In this section, the terms `Great Lakes' and \n`Great Lakes States' have the meanings given such terms in section \n118(a)(3).''.\n (b) Conforming Amendment to State Revolving Fund Program.--Section \n607 of such Act (33 U.S.C. 1387) is amended--\n (1) by inserting ``(a) In General.--'' before ``There is''; \n and\n (2) by adding at the end the following:\n ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this \ntitle, amounts made available from the Great Lakes Cleanup Fund under \nsection 519 shall be treated as funds authorized to be appropriated to \ncarry out this title and as funds made available under this title, \nexcept that such funds shall be made available to the Great Lakes \nStates as provided in section 519.''.","summary":"Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, (2) there is no feasible alternative, and (3) the treatment works provides notice. Or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass. And (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides a maximum civil penalty for violations. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges.","title":"To amend the Federal Water Pollution Control Act to establish a deadline for restricting sewage dumping into the Great Lakes and to fund programs and activities for improving wastewater discharges into the Great Lakes.","text_len":8694,"sum_len":1549} {"bill_id":"106_hr413","text":"SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES.\n\n Title I of the Riegle Community Development and Regulatory \nImprovement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding \nat the end the following new subtitle:\n\n ``Subtitle C--Microenterprise Technical Assistance and Capacity \n Building Program\n\n``SEC. 171. SHORT TITLE.\n\n ``This subtitle may be cited as the `Program for Investment in \nMicroentrepreneurs Act of 1999', also referred to as the `PRIME Act'.\n\n``SEC. 172. DEFINITIONS.\n\n ``For purposes of this subtitle--\n ``(1) the term `Administrator' has the same meaning as in \n section 103;\n ``(2) the term `capacity building services' means services \n provided to an organization that is, or is in the process of \n becoming a microenterprise development organization or program, \n for the purpose of enhancing its ability to provide training \n and services to disadvantaged entrepreneurs;\n ``(3) the term `collaborative' means 2 or more nonprofit \n entities that agree to act jointly as a qualified organization \n under this subtitle;\n ``(4) the term `disadvantaged entrepreneur' means a \n microentrepreneur that is--\n ``(A) a low-income person;\n ``(B) a very low-income person; or\n ``(C) an entrepreneur that lacks adequate access to \n capital or other resources essential for business \n success, or is economically disadvantaged, as \n determined by the Administrator;\n ``(5) the term `Fund' has the same meaning as in section \n 103;\n ``(6) the term `Indian tribe' has the same meaning as in \n section 103;\n ``(7) the term `intermediary' means a private, nonprofit \n entity that seeks to serve microenterprise development \n organizations and programs as authorized under section 175;\n ``(8) the term `low-income person' has the same meaning as \n in section 103;\n ``(9) the term `microentrepreneur' means the owner or \n developer of a microenterprise;\n ``(10) the term `microenterprise' means a sole \n proprietorship, partnership, or corporation that--\n ``(A) has fewer than 5 employees; and\n ``(B) generally lacks access to conventional loans, \n equity, or other banking services;\n ``(11) the term `microenterprise development organization \n or program' means a nonprofit entity, or a program administered \n by such an entity, including community development corporations \n or other nonprofit development organizations and social service \n organizations, that provides services to disadvantaged \n entrepreneurs or prospective entrepreneurs;\n ``(12) the term `training and technical assistance' means \n services and support provided to disadvantaged entrepreneurs or \n prospective entrepreneurs, such as assistance for the purpose \n of enhancing business planning, marketing, management, \n financial management skills, and assistance for the purpose of \n accessing financial services; and\n ``(13) the term `very low-income person' means having an \n income, adjusted for family size, of not more than 150 percent \n of the poverty line (as defined in section 673(2) of the \n Community Services Block Grant Act (42 U.S.C. 9902(2), \n including any revision required by that section).\n\n``SEC. 173. ESTABLISHMENT OF PROGRAM.\n\n ``The Administrator shall establish a microenterprise technical \nassistance and capacity building grant program to provide assistance \nfrom the Fund in the form of grants to qualified organizations in \naccordance with this subtitle.\n\n``SEC. 174. USES OF ASSISTANCE.\n\n ``A qualified organization shall use grants made under this \nsubtitle--\n ``(1) to provide training and technical assistance to \n disadvantaged entrepreneurs;\n ``(2) to provide training and capacity building services to \n microenterprise development organizations and programs and \n groups of such organizations to assist such organizations and \n programs in developing microenterprise training and services;\n ``(3) to aid in researching and developing the best \n practices in the field of microenterprise and technical \n assistance programs for disadvantaged entrepreneurs; and\n ``(4) for such other activities as the Administrator \n determines are consistent with the purposes of this subtitle.\n\n``SEC. 175. QUALIFIED ORGANIZATIONS.\n\n ``For purposes of eligibility for assistance under this subtitle, a \nqualified organization shall be--\n ``(1) a nonprofit microenterprise development organization \n or program (or a group or collaborative thereof) that has a \n demonstrated record of delivering microenterprise services to \n disadvantaged entrepreneurs;\n ``(2) an intermediary;\n ``(3) a microenterprise development organization or program \n that is accountable to a local community, working in \n conjunction with a State or local government or Indian tribe; \n or\n ``(4) an Indian tribe acting on its own, if the Indian \n tribe can certify that no private organization or program \n referred to in this paragraph exists within its jurisdiction.\n\n``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS.\n\n ``(a) Allocation of Assistance.--\n ``(1) In general.--The Administrator shall allocate \n assistance from the Fund under this subtitle to ensure that--\n ``(A) activities described in section 174(1) are \n funded using not less than 75 percent of amounts made \n available for such assistance; and\n ``(B) activities described in section 174(2) are \n funded using not less than 15 percent of amounts made \n available for such assistance.\n ``(2) Limit on individual assistance.--No single \n organization or entity may receive more than 10 percent of the \n total funds appropriated under this subtitle in a single fiscal \n year.\n ``(b) Targeted Assistance.--The Administrator shall ensure that not \nless than 50 percent of the grants made under this subtitle are used to \nbenefit very low-income persons, including those residing on Indian \nreservations.\n ``(c) Subgrants Authorized.--\n ``(1) In general.--A qualified organization receiving \n assistance under this subtitle may provide grants using that \n assistance to qualified small and emerging microenterprise \n organizations and programs, subject to such rules and \n regulations as the Administrator determines to be appropriate.\n ``(2) Limit on administrative expenses.--Not more than 7.5 \n percent of assistance received by a qualified organization \n under this subtitle may be used for administrative expenses in \n connection with the making of subgrants under paragraph (1).\n ``(d) Diversity.--In making grants under this subtitle, the \nAdministrator shall ensure that grant recipients include both large and \nsmall microenterprise organizations, serving urban, rural, and Indian \ntribal communities and racially and ethnically diverse populations.\n\n``SEC. 177. MATCHING REQUIREMENTS.\n\n ``(a) In General.--Financial assistance under this subtitle shall \nbe matched with funds from sources other than the Federal Government on \nthe basis of not less than 50 percent of each dollar provided by the \nFund.\n ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from \nloan sources, and in-kind resources of a grant recipient from public or \nprivate sources may be used to comply with the matching requirement in \nsubsection (a).\n ``(c) Exception.--\n ``(1) In general.--In the case of an applicant for \n assistance under this subtitle with severe constraints on \n available sources of matching funds, the Administrator may \n reduce or eliminate the matching requirements of subsection \n (a).\n ``(2) Limitation.--Not more than 10 percent of the total \n funds made available from the Fund in any fiscal year to carry \n out this subtitle may be excepted from the matching \n requirements of subsection (a), as authorized by paragraph (1) \n of this subsection.\n\n``SEC. 178. APPLICATIONS FOR ASSISTANCE.\n\n ``An application for assistance under this subtitle shall be \nsubmitted in such form and in accordance with such procedures as the \nFund shall establish.\n\n``SEC. 179. RECORDKEEPING.\n\n ``The requirements of section 115 shall apply to a qualified \norganization receiving assistance from the Fund under this subtitle as \nif it were a community development financial institution receiving \nassistance from the Fund under subtitle A.\n\n``SEC. 180. AUTHORIZATION.\n\n ``In addition to funds otherwise authorized to be appropriated to \nthe Fund to carry out this title, there are authorized to be \nappropriated to the Fund to carry out this subtitle--\n ``(1) $15,000,000 for fiscal year 2000;\n ``(2) $25,000,000 for fiscal year 2001;\n ``(3) $30,000,000 for fiscal year 2002; and\n ``(4) $35,000,000 for fiscal year 2003.\n\n``SEC. 181. IMPLEMENTATION.\n\n ``The Administrator shall, by regulation, establish such \nrequirements as may be necessary to carry out this subtitle.''.\n\nSEC. 2. ADMINISTRATIVE EXPENSES.\n\n Section 121(a)(2)(A) of the Riegle Community Development and \nRegulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is \namended--\n (1) by striking ``$5,550,000'' and inserting \n ``$6,100,000''; and\n (2) in the first sentence, by inserting before the period \n ``, including costs and expenses associated with carrying out \n subtitle C''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n Section 104(d) of the Riegle Community Development and Regulatory \nImprovement Act of 1994 (12 U.S.C. 4703(d)) is amended--\n (1) in paragraph (2)--\n (A) by striking ``15'' and inserting ``17'';\n (B) in subparagraph (G)--\n (i) by striking ``9'' and inserting ``11'';\n (ii) by redesignating clauses (iv) and (v) \n as clauses (v) and (vi), respectively; and\n (iii) by inserting after clause (iii) the \n following:\n ``(iv) 2 individuals who have expertise in \n microenterprises and microenterprise \n development;''; and\n (2) in paragraph (4), in the first sentence, by inserting \n before the period ``and subtitle C''.","summary":"Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1999 . Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs. (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services. And (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Prohibits the use of grant amounts to make loans of any kind. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Instructs the Administrator to employ selection criteria that provide positive consideration to applications by qualified organizations participating in the Microloan program established under the Small Business Act. Mandates matching funds from non-Federal sources. Requires the Administrator to report to certain congressional committees on the enterprise technical assistance and capacity building program, including an evaluation of its effectiveness. Authorizes appropriations. Requires the Administrator to: (1) submit regulations to the Administrator of the Small Business Administration (SBA) for review and comment. And (2) enter into a memorandum of understanding with the SBA Administrator providing that the program under this Act and the Microloan program under the Small Business Act will be implemented in conjunction and coordination with one another. Prohibits the Fund Administrator from making any grant under this Act before reaching accord on such memorandum of understanding.","title":"PRIME Act","text_len":11095,"sum_len":2163} {"bill_id":"114_s3292","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Synthetics Trafficking and Overdose \nPrevention Act of 2016'' or the ``STOP Act of 2016''.\n\nSEC. 2. IMPROVEMENTS TO UNITED STATES MAIL SECURITY.\n\n (a) Importer of Record.--\n (1) In general.--Subparagraph (B) of section 484(a)(2) of \n the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)) is amended to \n read as follows:\n ``(B)(i) When an entry of merchandise is made under this \n section, the required documentation or information shall be \n filed or electronically transmitted--\n ``(I) by the owner or purchaser of the merchandise;\n ``(II) when appropriately designated by the owner, \n purchaser, or consignee of the merchandise, by a person \n holding a valid license under section 641; or\n ``(III) in the case of non-letter class mail, by \n the Postmaster General or a designee of the Postmaster \n General, which may include a person holding a valid \n license under section 641.\n ``(ii) When a consignee declares on entry that he or she is \n the owner or purchaser of merchandise, U.S. Customs and Border \n Protection may, without liability, accept the declaration.\n ``(iii) For the purposes of this Act, the importer of \n record must be one of the parties who is eligible to file the \n documentation or information required by this section.\n ``(iv) In this subparagraph, the term `non-letter class \n mail' means any product of the United States Postal Service or \n a Universal Postal Union designated operator that is provided \n pursuant to--\n ``(I) the Universal Postal Union's Parcel Post \n Regulations and Final Protocol; or\n ``(II) the Universal Postal Union's Letter Post \n Regulations and Final Protocol, except `small letters' \n as defined in Article RL 124(1), as such regulations \n were in effect on the date of the enactment of the \n Synthetics Trafficking and Overdose Prevention Act of \n 2016.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect on the date that is six months after the date \n of the enactment of this Act.\n (b) Informal Entries.--Section 498 of the Tariff Act of 1930 (19 \nU.S.C. 1498) is amended by adding at the end the following:\n ``(c) Regulations Related to Informal Customs Entries.--\n ``(1) Requirement.--Notwithstanding any other provision of \n law, not later than six months after the date of the enactment \n of the Synthetics Trafficking and Overdose Prevention Act of \n 2016, the Secretary of the Treasury shall issue regulations to \n require the Postmaster General or designee of the Postmaster \n General, which may include a person holding a valid license \n under section 641, to file informal customs entries for all \n non-letter class mail that meets the informal entry \n requirements of this section and subpart C of part 143 of title \n 19, Code of Federal Regulations.\n ``(2) Non-letter class mail.--In this subsection, the term \n `non-letter class mail' has the meaning given that term in \n section 484(a)(2)(B)(iv).''.\n (c) De Minimis Shipments.--\n (1) Reduction or modification of exemption.--Section 321 of \n the Tariff Act of 1930 (19 U.S.C. 1321) is amended by adding at \n the end the following:\n ``(c) The Postmaster General or a designee of the Postmaster \nGeneral, which may include a person holding a valid license under \nsection 641, shall be designated as the importer of record for non-\nletter class mail (as that term is defined in section 484(a)(2)(B)(iv)) \nthat is subject to the regulations issued pursuant to subsection (a) or \n(b).''.\n (2) Regulations.--Not later than six months after the date \n of the enactment of this Act, the Secretary of the Treasury \n shall issue regulations to implement the amendment made by \n paragraph (1).\n (d) Customs Fees.--\n (1) In general.--Paragraph (6) of section 13031(a) of the \n Consolidated Omnibus Budget Reconciliation Act of 1985 (19 \n U.S.C. 58c(a)(6)) is amended to read as follows:\n ``(6)(A) Except as provided in subparagraph (B), for each \n item of dutiable mail for which a document is prepared by a \n customs officer, $5.\n ``(B) For the arrival of each item of any non-letter class \n mail (as that term is defined in clause (iv) of section \n 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. \n 1484(a)(2)(B))), $1.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect on the date that is six months after the date \n of the enactment of this Act.\n (e) Mandatory Advanced Electronic Information for Non-Letter Class \nMail.--\n (1) In general.--Subparagraph (K) of section 343(a)(3) of \n the Trade Act of 2002 (Public Law 107-210; 19 U.S.C. 2071 note) \n is amended to read as follows:\n ``(K) The Secretary shall require the Postmaster \n General to provide the information required in \n paragraphs (1) and (2) to U.S. Customs and Border \n Protection for any non-letter class mail (as that term \n is defined in clause (iv) of section 484(a)(2)(B) of \n the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B))) \n imported into the United States.''.\n (2) Regulations.--Not later than six months after the date \n of the enactment of this Act, the Secretary of the Treasury \n shall issue regulations to carry out subparagraph (K) of \n section 343(a)(3) of the Trade Act of 2002, as amended by \n paragraph (1).\n (f) Limitation on International Postal Arrangements.--The Secretary \nof State may not conclude any international postal arrangement pursuant \nto the authority set out in section 407 of title 39, United States \nCode, that is inconsistent with this Act or any amendment made by this \nAct.","summary":"Synthetics Trafficking and Overdose Prevention Act of 2016 or the STOP Act of 2016 This bill amends the Tariff Act of 1930 to make the Postmaster General or Postmaster General designee, including a person holding a valid customs broker's license, the importer of record for non-letter class mail imported into the United States. The term quot, non-letter class mailquot. Means any product of the US Postal Service or a Universal Postal Union designated operator that is provided pursuant to: the Universal Postal Union's Parcel Post Regulations and Final Protocol. Or the Universal Postal Union's Letter Post Regulations and Final Protocol, except small letters, as in effect upon enactment of this bill. The bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to impose a duty of $1 on each item of non-letter class mail imported into the United States. The bill amends the Trade Act of 2002 to direct the Department of the Treasury to require the Postmaster General to provide for the advanced electronic transmission to the US Customs and Border Protection of certain information on non-letter class mail imported into the United States.","title":"STOP Act of 2016","text_len":6387,"sum_len":1159} {"bill_id":"113_hr4701","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tick-Borne Disease Research \nAccountability and Transparency Act of 2014''.\n\nSEC. 2. LYME DISEASE AND OTHER TICK-BORNE DISEASES.\n\n Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) \nis amended by adding at the end the following new part:\n\n ``PART W--LYME DISEASE AND OTHER TICK-BORNE DISEASES\n\n``SEC. 399OO. RESEARCH.\n\n ``(a) In General.--The Secretary shall conduct or support \nepidemiological, basic, translational, and clinical research regarding \nLyme disease and other tick-borne diseases.\n ``(b) Biennial Reports.--The Secretary shall ensure that each \nbiennial report under section 403 includes information on actions \nundertaken by the National Institutes of Health to carry out subsection \n(a) with respect to Lyme disease and other tick-borne diseases, \nincluding an assessment of the progress made in improving the outcomes \nof Lyme disease and such other tick-borne diseases.\n\n``SEC. 399OO-1. WORKING GROUP.\n\n ``(a) Establishment.--The Secretary shall establish a permanent \nworking group, to be known as the Interagency Lyme and Tick-Borne \nDisease Working Group (in this section and section 399OO-2 referred to \nas the `Working Group'), to review all efforts within the Department of \nHealth and Human Services concerning Lyme disease and other tick-borne \ndiseases to ensure interagency coordination, minimize overlap, and \nexamine research priorities.\n ``(b) Responsibilities.--The Working Group shall--\n ``(1) not later than 24 months after the date of enactment \n of this part, and every 24 months thereafter, develop or update \n a summary of--\n ``(A) ongoing Lyme disease and other tick-borne \n disease research related to causes, prevention, \n treatment, surveillance, diagnosis, diagnostics, \n duration of illness, intervention, and access to \n services and supports for individuals with Lyme disease \n or other tick-borne diseases;\n ``(B) advances made pursuant to such research;\n ``(C) the engagement of the Department of Health \n and Human Services with persons that participate at the \n public meetings required by paragraph (5); and\n ``(D) the comments received by the Working Group at \n such public meetings and the Secretary's response to \n such comments;\n ``(2) ensure that a broad spectrum of scientific viewpoints \n is represented in each such summary;\n ``(3) monitor Federal activities with respect to Lyme \n disease and other tick-borne diseases;\n ``(4) make recommendations to the Secretary regarding any \n appropriate changes to such activities; and\n ``(5) ensure public input by holding annual public meetings \n that address scientific advances, research questions, \n surveillance activities, and emerging strains in species of \n pathogenic organisms.\n ``(c) Membership.--\n ``(1) In general.--The Working Group shall be composed of a \n total of 14 members as follows:\n ``(A) Federal members.--Seven Federal members, \n consisting of one or more representatives of each of--\n ``(i) the Office of the Assistant Secretary \n for Health;\n ``(ii) the Food and Drug Administration;\n ``(iii) the Centers for Disease Control and \n Prevention;\n ``(iv) the National Institutes of Health; \n and\n ``(v) such other agencies and offices of \n the Department of Health and Human Services as \n the Secretary determines appropriate.\n ``(B) Non-federal public members.--Seven non-\n Federal public members, consisting of representatives \n of the following categories:\n ``(i) Physicians and other medical \n providers with experience in diagnosing and \n treating Lyme disease and other tick-borne \n diseases.\n ``(ii) Scientists or researchers with \n expertise.\n ``(iii) Patients and their family members.\n ``(iv) Nonprofit organizations that \n advocate for patients with respect to Lyme \n disease and other tick-borne diseases.\n ``(v) Other individuals whose expertise is \n determined by the Secretary to be beneficial to \n the functioning of the Working Group.\n ``(2) Appointment.--The members of the Working Group shall \n be appointed by the Secretary, except that of the non-Federal \n public members under paragraph (1)(B)--\n ``(A) one shall be appointed by the Speaker of the \n House of Representatives; and\n ``(B) one shall be appointed by the Majority Leader \n of the Senate.\n ``(3) Diversity of scientific perspectives.--In making \n appointments under paragraph (2), the Secretary, the Speaker of \n the House of Representatives, and the Majority Leader of the \n Senate shall ensure that the non-Federal public members of the \n Working Group represent a diversity of scientific perspectives.\n ``(4) Terms.--The non-Federal public members of the Working \n Group shall each be appointed to serve a 4-year term and may be \n reappointed at the end of such term.\n ``(d) Meetings.--The Working Group shall meet as often as \nnecessary, as determined by the Secretary, but not less than twice each \nyear.\n ``(e) Applicability of FACA.--The Working Group shall be treated as \nan advisory committee subject to the Federal Advisory Committee Act.\n ``(f) Reporting.--Not later than 24 months after the date of \nenactment of this part, and every 24 months thereafter, the Working \nGroup--\n ``(1) shall submit a report on its activities, including an \n up-to-date summary under subsection (b)(1) and any \n recommendations under subsection (b)(4), to the Secretary, the \n Committee on Energy and Commerce of the House of \n Representatives, and the Committee on Health, Education, Labor \n and Pensions of the Senate;\n ``(2) shall make each such report publicly available on the \n website of the Department of Health and Human Services; and\n ``(3) shall allow any member of the Working Group to \n include in any such report minority views.\n\n``SEC. 399OO-2. STRATEGIC PLAN.\n\n ``Not later than 3 years after the date of enactment of this \nsection, and every 5 years thereafter, the Secretary shall submit to \nthe Congress a strategic plan, informed by the most recent summary \nunder section 399OO-1(b)(1), for the conduct and support of Lyme \ndisease and tick-borne disease research, including--\n ``(1) proposed budgetary requirements;\n ``(2) a plan for improving outcomes of Lyme disease and \n other tick-borne diseases, including progress related to \n chronic or persistent symptoms and chronic or persistent \n infection and co-infections;\n ``(3) a plan for improving diagnosis, treatment, and \n prevention;\n ``(4) appropriate benchmarks to measure progress on \n achieving the improvements described in paragraphs (2) and (3); \n and\n ``(5) a plan to disseminate each summary under section \n 399OO-1(b)(1) and other relevant information developed by the \n Working Group to the public, including health care providers, \n public health departments, and other relevant medical \n groups.''.\n\nSEC. 3. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.\n\n No additional funds are authorized to be appropriated to carry out \nthis Act and the amendment made by this Act, and this Act and such \namendment shall be\n\n\n \n\n carried out using amounts otherwise available for such purpose.\n\n Passed the House of Representatives September 9, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Tick-Borne Disease Research Accountability and Transparency Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. Directs the Secretary to establish the Interagency Lyme and Tick-Borne Disease Working Group to review all HHS efforts concerning tick-borne diseases to ensure interagency coordination and examine research priorities. Requires the Working Group to: (1) provide a summary of tick-borne disease research, advances, and scientific viewpoints every two years, (2) make recommendations to HHS regarding tick-borne disease activities. And (3) hold annual public meetings. Requires HHS to submit a strategic plan for tick-borne disease research within three years of enactment and every five years thereafter that includes: (1) budgetary requirements. (2) benchmarks for improving tick-borne disease diagnosis, treatment, outcomes, and prevention. And (3) a plan to disseminate Working Group summaries and other relevant information on tick-borne disease to health professionals and the public.","title":"Tick-Borne Disease Research Accountability and Transparency Act of 2014","text_len":8684,"sum_len":1195} {"bill_id":"103_s1122","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nHealth Professionals Education Debt Reduction Act''.\n\nSEC. 2. PROGRAM OF ASSISTANCE IN THE PAYMENT OF EDUCATION DEBTS \n INCURRED BY CERTAIN VETERANS HEALTH ADMINISTRATION \n EMPLOYEES.\n\n (a) Program.--(1) Chapter 76 of title 38, United States Code, is \namended by adding at the end the following:\n\n ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM\n\n``Sec. 7661. Authority for program\n ``(a) The Secretary may carry out an education debt reduction \nprogram under this subchapter. The program shall be known as the \nDepartment of Veterans Affairs Education Debt Reduction Program \n(hereafter in this subchapter referred to as the `Education Debt \nReduction Program'). The purpose of the program is to assist personnel \nserving in health-care positions in the Veterans Health Administration \nin reducing the amount of debt incurred by such personnel in completing \neducational programs that qualify such personnel for such service.\n ``(b) Such assistance shall be in addition to the assistance \navailable to individuals under the Educational Assistance Program \nestablished under this chapter.\n``Sec. 7662. Eligibility; application\n ``(a) An individual eligible to participate in the Education Debt \nReduction Program is any individual (other than a physician or \ndentist)--\n ``(1) who is serving in a position in the Veterans Health \n Administration under an appointment under section 7402(b) of \n this title; and\n ``(2) who owes--\n ``(A) any amount of principal or interest under a \n loan the proceeds of which were used by or on behalf of \n the individual to pay costs relating to a course of \n education or training at a qualifying educational \n institution which course led to a degree that qualified \n the individual for a position referred to in paragraph \n (1); or\n ``(B) any amount of principal or interest under a \n loan the proceeds of which are being used by or on \n behalf of the individual to pay costs relating to a \n course of education or training at a qualifying \n educational institution which course leads to a degree \n that qualifies the individual for such a position.\n ``(b) Any eligible individual seeking to participate in the \nEducation Debt Reduction Program shall submit an application to the \nSecretary relating to such participation.\n``Sec. 7663. Preference for assistance\n ``In selecting individuals for assistance under the Education Debt \nReduction Program, the Secretary shall give preference to the \nfollowing:\n ``(1) Individuals who have completed or are engaged in, as \n the case may be, a two-year or four-year course of education or \n training at an undergraduate institution leading to a degree \n that qualified or qualifies, as the case may be, the \n individuals for a position referred to in section 7662(a)(1) of \n this title.\n ``(2) Individuals who serve in the Veterans Health \n Administration--\n ``(A) in areas in which the recruitment or \n retention of an adequate supply of qualified health-\n care personnel is difficult (as determined by the \n Secretary); or\n ``(B) in positions for which the recruitment or \n retention of such a supply of such personnel is \n difficult (as so determined).\n``Sec. 7664. Amount of assistance\n ``(a) Subject to subsection (b), the Secretary may pay to an \nindividual selected to receive assistance under the Education Debt \nReduction Program an amount not to exceed $4,000 (adjusted in \naccordance with section 7631 of this title) for each full year served \nby the individual in a position in the Veterans Health Administration \nunder section 7402(b) of this title (other than a position referred to \nin paragraph (1) or (2) of such section) after the date of such \nindividual's selection.\n ``(b)(1) An individual may receive assistance under the Education \nDebt Reduction Program only to assist the individual in paying amounts \n(including principal and interest) owed by the individual under a loan \nreferred to in section 7662(a)(2) of this title.\n ``(2) An individual may receive assistance under the Education Debt \nReduction Program for a year if--\n ``(A) the individual serves for the full year in a position \n referred to in subsection (a); and\n ``(B) maintains an acceptable level of performance during \n such service.\n ``(3) The total amount of assistance received by an individual \nunder the Education Debt Reduction Program may not exceed $12,000 \n(adjusted in accordance with section 7631 of this title).''.\n (2) The table of sections at the beginning of such chapter is \namended by adding at the end thereof the following:\n\n ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM\n\n``7661. Authority for program.\n``7662. Eligibility; application.\n``7663. Preference for assistance.\n``7664. Amount of assistance.''.\n (b) Conforming Amendments.--Section 7631 of title 38, United States \nCode, is amended--\n (1) in subsection (a), by striking out ``and the maximum \n Selected Reserve member stipend amount'' and inserting in lieu \n thereof ``the maximum Selected Reserve stipend amount, and the \n education debt reduction amount and limitation''; and\n (2) in subsection (b)--\n (A) by redesignating paragraph (4) as paragraph \n (5); and\n (B) by inserting after paragraph (3) the following \n new paragraph (4):\n ``(4) The term `education debt reduction amount and \n limitation' means the maximum amount of assistance, and the \n limitation applicable to such assistance, for a person \n receiving assistance under subchapter VI of this chapter, as \n specified in section 7663 of this title and as previously \n adjusted (if at all) in accordance with this subsection.''.\n (c) Regulations.--The Secretary of Veterans Affairs shall prescribe \nregulations necessary to carry out the Education Debt Reduction Program \nestablished under subchapter VI of chapter 76 of title 38, United \nStates Code (as added by subsection (a)). The Secretary shall prescribe \nsuch regulations not later than 90 days after the date of the enactment \nof this Act.\n (d) Report.--Not later than one year after the date of the \nenactment of this Act, the Secretary shall submit to Congress a report \non the effectiveness of the Education Debt Reduction Program and the \nDepartment of Veterans Affairs Health Professional Scholarship Program \nestablished under subchapter II of chapter 76 of title 38, United \nStates Code, in assisting the Secretary in the recruitment and \nretention of qualified health-care professionals for positions in the \nVeterans Health Administration.\n (e) Authorization of Appropriations.--(1) There is authorized to be \nappropriated for the Department of Veterans Affairs $10,000,000 for \neach of fiscal years 1994 through 1998 to carry out the Education Debt \nReduction Program.\n (2) No funds may be used to provide assistance under the program \nunless expressly provided for in an appropriation Act.\n (f) Exemption from Limitation.--Section 523(b) of the Veterans \nHealth Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7601 note) shall \nnot apply to the Education Debt Reduction Program.","summary":"Department of Veterans Affairs Health Professionals Education Debt Reduction Act - Authorizes the Secretary of Veterans Affairs to carry out the Department of Veterans Affairs Education Debt Reduction Program to assist Department health-care personnel serving in the Veterans Health Administration in reducing the amount of debt incurred in completing educational programs that qualify such personnel for such service. Makes eligible for such Program any individual other than a physician or dentist serving in a Department health care position and having an outstanding health education loan from a qualified educational institution. Provides certain assistance preferences. Limits the assistance to $4,000 for each full year served in a Department health-care position, up to a $12,000 maximum. Authorizes appropriations for the Program for FY 1994 through 1998.","title":"Department of Veterans Affairs Health Professionals Education Debt Reduction Act","text_len":7764,"sum_len":864} {"bill_id":"103_s634","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``A Better Chance to Learn Act of \n1993''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to encourage and assist local school \ndistricts and communities to develop, expand, or operate innovative \nhome-based parent and early childhood education programs in an effort \nto--\n (1) empower parents to be the primary educators of their \n children;\n (2) provide children with school-readiness skills;\n (3) develop positive attitudes toward education on the part \n of parents and children; and\n (4) enhance the role of parents in the transition of their \n children from preschool to kindergarten.\n\nSEC. 3. DEFINITIONS.\n\n As used in this Act:\n (1) Community-based organizations.--The term ``community-\n based organizations'' means private nonprofit organizations \n that are located within a community and that are not affiliated \n with any specific religion.\n (2) Developmentally appropriate.--The term \n ``developmentally appropriate'' as applied to a home-based \n program implemented by parents means those activities for the \n general population of 3- to 5-year-old children that are \n meaningful to parents and that will result in successful \n parent-child interactions.\n (3) Home-based.--The term ``home-based'' means that the \n program provides parent and early childhood education services \n in the private residence of the child receiving such services.\n (4) Limited or unsuccessful formal schooling.--The term \n ``limited or unsuccessful formal schooling'' means the--\n (A) completion of high school with low achievement \n during enrollment;\n (B) noncompletion of high school with low \n achievement during enrollment; or\n (C) lack of a general education degree.\n (5) Local educational agencies.--The term ``local \n educational agencies'' has the meaning given to the term \n ``local educational agency'' by section 1471(12) of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 2891).\n (6) Near poor families.--The term ``near poor families'' \n means families that have an income that is approximately 130 \n percent of the poverty line (as defined by the Office of \n Management and Budget, and revised annually in accordance with \n section 673(2) of the Community Services Block Grant Act (42 \n U.S.C. 9902(2)).\n (7) Parent education.--The term ``parent education'' \n includes parent support activities, the provision of resource \n materials on child development and parent and child learning \n activities, private and group educational guidance, individual \n and group learning experiences for the parent and child, and \n other activities that enable the parent to improve learning in \n the home.\n (8) Working poor families.--The term ``working poor \n families'' means families that--\n (A) have family members--\n (i) who are working; or\n (ii) who were looking for work during at \n least the last 6 months of the year prior to \n the year in which a grantee determines such \n families' eligibility for services under this \n Act; and\n (B) earn an income not in excess of 150 percent of \n the poverty line as described in paragraph (5).\n (9) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 4. PROGRAM AUTHORIZED.\n\n (a) In General.--The Secretary is authorized to award grants to \nlocal educational agencies and community-based organizations to pay the \nFederal share of the cost of the activities described in section 5.\n (b) Grant Allocations.--The Secretary shall award--\n (1) 50 percent of the total grants awarded under this \n section to applicants that are establishing new home-based \n parent and early childhood education programs; and\n (2) 50 percent of the total grants awarded under this \n section to applicants that are operating or expanding existing \n home-based parent and early childhood education programs.\n (c) Priority.--In awarding grants under this section, the Secretary \nshall give priority to an applicant that describes in an application \nsubmitted under section 6 that such applicant's program targets--\n (1) working poor families or near poor families that do not \n qualify for assistance under the early childhood programs under \n the Head Start Act (42 U.S.C. 9831 et seq.) or chapter 1 of \n title I of the Elementary and Secondary Education Act of 1965 \n (20 U.S.C. 2701 et seq.);\n (2) families that qualify for assistance under the Federal \n programs described in paragraph (1), but that are not served by \n such programs; or\n (3) parents who have limited or unsuccessful formal \n schooling.\n\nSEC. 5. AUTHORIZED ACTIVITIES.\n\n A grantee may use funds received under this Act for establishing, \noperating or expanding home-based parent and early childhood education \nprograms.\n\nSEC. 6. ELIGIBILITY.\n\n To be eligible for a grant under this Act, an entity, as described \nin section 4(a), shall prepare and submit an application to the \nSecretary at such time, in such manner, and accompanied by such \ninformation as the Secretary may reasonably require.\n\nSEC. 7. PROGRAM REQUIREMENTS.\n\n A grantee under this Act shall conduct a home-based parent and \nearly childhood education program that--\n (1) enhances parents' awareness of their strengths and \n potential as the primary educators of their children;\n (2) provides support, training and developmentally \n appropriate educational materials that are necessary for \n parents to implement a school-readiness, home instruction \n program for their children;\n (3) conducts group meetings with parents to provide support \n activities related to parenting skills and other topics of \n interest to participating parents; and\n (4) to the maximum extent possible, provides opportunities \n for field trips to local sites of educational and cultural \n benefit.\n\nSEC. 8. ELIGIBLE PROGRAM PARTICIPANTS.\n\n (a) In General.--To be eligible to participate in a parent and \nearly childhood service program conducted under this Act, an individual \nshall be a parent with one or more children who are age 3, 4, or 5.\n (b) Special Rules.--\n (1) Participation.--No school system or parents shall be \n required to participate in programs funded under this Act.\n (2) Program actions.--A program receiving grant funds under \n this Act may not take action that infringes on the right of \n parents to direct the education of their children.\n\nSEC. 9. PAYMENTS AND FEDERAL SHARE.\n\n (a) Federal Share.--The Federal share described in section 4(a) \nshall be 80 percent.\n (b) Non-Federal Share.--\n (1) In general.--A grantee under this Act shall make \n available non-Federal contributions toward the cost of carrying \n out the program established, operated, or expanded with amounts \n received under the grant in an amount equal to at least 20 \n percent of the amount of funds provided under the grant.\n (2) In kind contributions.--The non-Federal contributions \n described in paragraph (1) may be in cash or in kind fairly \n evaluated, including planned equipment or services.\n\nSEC. 10. SUPPLEMENT NOT SUPPLANT.\n\n Funds appropriated pursuant to the authority of this Act shall be \nused to supplement and not supplant other local public funds expended \nto provide services for individuals eligible to participate in a \nprogram under this Act.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$20,000,000 for fiscal year 1994 and such sums as may be necessary for \neach of the fiscal years 1995 through 1998.","summary":"A Better Chance to Learn Act of 1993 - Authorizes the Secretary of Education to award grants to local educational agencies and community-based organizations to pay 80 percent of the cost of home-based parent and early childhood education programs. Allocates one-half of such grants to new programs and one-half to existing programs. Gives priority to programs that target: (1) early childhood program assistance under the Head Start Act or chapter 1 of title I of the Elementary and Secondary Education Act of 1965. (2) families that qualify for such assistance, but are not served by such programs. Or (3) parents who have limited or unsuccessful formal schooling. Makes an individual eligible to participate if he or she is a parent with one or more children age three, four, or five. Sets forth application and other program requirements. Authorizes appropriations.","title":"Better Chance to Learn Act of 1993","text_len":8439,"sum_len":868} {"bill_id":"103_s1452","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flood-Affected States Assistance Act \nof 1993''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Designated.--The term ``designated'' means--\n (A) with respect to a State or a political \n subdivision of a State, that the President declared, \n between April 1, 1993, and August 1, 1993, that a major \n disaster or emergency exists under the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act \n (42 U.S.C. 5121 et seq.) in the State or political \n subdivision as a result of the widespread flooding in \n the Midwest in 1993; and\n (B) with respect to an individual or a family, that \n the individual or family resides in a designated State \n or a designated political subdivision of a State \n described in subparagraph (A).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (3) State agency.--The term ``State agency'' means--\n (A) with respect to part A of title IV of the \n Social Security Act (42 U.S.C. 601 et seq.), the State \n agency that administers or supervises the \n administration of the State's plan approved under \n section 402 of such Act (42 U.S.C. 602);\n (B) with respect to part F of title IV of such Act \n (42 U.S.C. 681 et seq.), the State agency that \n administers or supervises the administration of the \n State's plan approved under section 402 of such Act (42 \n U.S.C. 602); and\n (C) with respect to title XIX of such Act (42 \n U.S.C. 1396 et seq.), the State agency that administers \n or supervises the administration of the State's plan \n approved under section 1902 of such Act (42 U.S.C. \n 1396a).\n\nSEC. 3. ENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR SERVICES \n FURNISHED TO CERTAIN INDIVIDUALS.\n\n Notwithstanding section 1905(b) of the Social Security Act (42 \nU.S.C. 1396d(b)) or any other provision of law, with respect to amounts \nexpended by a State as medical assistance under title XIX of such Act \n(42 U.S.C. 1396 et seq.) for services furnished during the 2-year \nperiod beginning July 1, 1993, to any designated individual, the \nFederal medical assistance percentage for such State shall be 83 \npercent.\n\nSEC. 4. DISREGARD OF CERTAIN DONATED ITEMS AND TEMPORARY FINANCIAL \n ASSISTANCE WHEN DETERMINING ELIGIBILITY FOR BENEFITS \n UNDER THE AFDC AND MEDICAID PROGRAMS.\n\n Notwithstanding any other provision of law, an amount equal to the \namount of, or value of, a donation or temporary financial assistance \n(including cash and in-kind services) provided by the Federal \nGovernment, a State, a political subdivision of a State, or a private \nperson to a designated individual or designated family as disaster \nassistance (including assistance provided pursuant to the Robert T. \nStafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 \net seq.)) as a result of the widespread flooding in the Midwest in 1993 \nshall be excluded from a determination of income or resources made by a \nState agency pursuant to a State plan under part A of title IV of the \nSocial Security Act (42 U.S.C. 601 et seq.) or under title XIX of such \nAct (42 U.S.C. 1396 et seq.).\n\nSEC. 5. INDIVIDUAL AND FAMILY GRANT PROGRAM.\n\n (a) Federal Payment.--Notwithstanding subsection (b) of section 411 \nof the Robert T. Stafford Disaster Relief and Emergency Assistance Act \n(42 U.S.C. 5178), for the 2-year period beginning April 1, 1993, the \nFederal share of any grant made under such section to a designated \nindividual or a designated family shall be equal to 100 percent of the \nactual cost incurred.\n (b) Administrative Cost Limit Waived.--For the 2-year period \nbeginning on April 1, 1993, the 5 percent limitation applicable to \nadministrative expenses under subsection (d) of section 411 of the \nRobert T. Stafford Disaster Relief and Emergency Assistance Act (42 \nU.S.C. 5178) shall not apply in the case of any grant made to a \ndesignated individual or a designated family.\n\nSEC. 6. EXTENSION OF SUBMISSION DEADLINE FOR CERTAIN AFDC AND JOBS \n PROGRAM REPORTS.\n\n Notwithstanding any other provision of law, with respect to any \ndesignated State, each report relating to the State plan that the State \nagency is required to file with the Secretary under parts A and F of \ntitle IV of the Social Security Act (42 U.S.C. 601 et seq. and 681 et \nseq.) not later than September 30, 1993, shall not be required to be \nfiled until December 31, 1993.\n\nSEC. 7. TEMPORARY SUSPENSION OF CERTAIN STATE QUALITY CONTROL \n FUNCTIONS.\n\n Notwithstanding any other provision of law, during the period \nbeginning on September 1, 1993, and ending on February 28, 1994, for \neach designated State--\n (1) the State agency of the State shall not be required to \n carry out quality control requirements under section 408 of the \n Social Security Act (42 U.S.C. 608) and section 1903(u) of such \n Act (42 U.S.C. 1396b(u));\n (2) the error rate for the State determined under \n subsection (d) of section 408 of such Act (42 U.S.C. 608) shall \n be deemed to be zero; and\n (3) the ratio of the State's erroneous excess payments for \n medical assistance to the State's total expenditures for \n medical assistance under the State plan approved under title \n XIX of such Act (42 U.S.C. 1396 et seq.) determined under \n subsection (u) of section 1903 of such Act (42 U.S.C. 1396b) \n shall be deemed to be zero.\n\nSEC. 8. COMPLIANCE WITH REQUIREMENTS RELATING TO CHILD SUPPORT DATA \n PROCESSING AND INFORMATION RETRIEVAL SYSTEMS.\n\n Notwithstanding section 454(16) of the Social Security Act (42 \nU.S.C. 654(16)) or any other provision of law, a designated State shall \nbe deemed to be in compliance with any requirements under part D of \ntitle IV of such Act (42 U.S.C. 651 et seq.) relating to the State's \nstatewide automated data processing and information retrieval system \nfor purposes of payments under section 455(a)(1)(B) of such Act (42 \nU.S.C. 655(a)(1)(B)) until December 1, 1993.\n\nSEC. 9. ENHANCED FEDERAL MATCH FOR CERTAIN NEW ELIGIBLES.\n\n (a) In General.--Notwithstanding any other provision of law, for \nthe 2-year period beginning on July 1, 1993, the Federal share of the \nexpenses incurred by any designated State under a program described in \nsubsection (b) shall be 100 percent of such expenses attributable to \nany unanticipated newly eligible individuals (as defined in subsection \n(c)).\n (b) Programs Described.--For purposes of subsection (a), a program \ndescribed in this subsection is a State program operated in accordance \nwith a State plan approved under part A, D, or E of title IV of the \nSocial Security Act (42 U.S.C. 601 et seq., 651 et seq., or 670 et \nseq.), or title XIX of such Act (42 U.S.C. 1396 et seq.).\n (c) Definition.--For purposes of subsection (a), the term \n``unanticipated newly eligible individuals'' means individuals who \nbecame eligible for a program described in subsection (b) on or after \nJuly 1, 1993, and who are in excess of the number of individuals \nanticipated by the Secretary to become eligible for such program during \nthe period referred to in subsection (a) based on the rate of increase \nin eligible individuals for such program before the widespread flooding \nin the Midwest in 1993.\n\nSEC. 10. ENHANCED FEDERAL MATCH FOR TRANSITIONAL HOUSING SPECIAL NEEDS \n UNDER THE AFDC PROGRAM.\n\n Notwithstanding section 403(a) of the Social Security Act (42 \nU.S.C. 603(a)) or any other provision of law, during the 2-year period \nbeginning on July 1, 1993, the Federal share of the expenses incurred \nby any designated State providing transitional housing special needs \nunder part A of title IV of the Social Security Act (42 U.S.C. 601 et \nseq.) to any designated individual or designated family shall be 100 \npercent.\n\nSEC. 11. ENHANCED FEDERAL MATCH FOR JOBS PROGRAM.\n\n Notwithstanding section 403(l) of the Social Security Act (42 \nU.S.C. 603(l)) or any other provision of law, during the 2-year period \nbeginning on July 1, 1993, the Federal share of the expenses incurred \nby a State with respect to a designated individual who participates in \nthe jobs program under part F of the title IV of the Social Security \nAct (42 U.S.C. 681 et seq.) shall be 100 percent.\n\nSEC. 12. ENHANCED FEDERAL MATCH FOR EMERGENCY ASSISTANCE FURNISHED TO \n FAMILIES WITH CHILDREN.\n\n Notwithstanding section 403(a)(5) of the Social Security Act (42 \nU.S.C. 603(a)(5)) or any other provision of law, during the 2-year \nperiod beginning on July 1, 1993, the Federal share of the expenses \nincurred by a State with respect to a designated individual or a \ndesignated family receiving emergency assistance to families with \nchildren (without regard to the 30-day limitation for receipt of such \naid in any 12-month period under section 406(e)(1) of such Act (42 \nU.S.C. 606(e)(1))) shall be 100 percent.\n\nSEC. 13. ENHANCED FEDERAL MATCH FOR CERTAIN OPTIONAL MEDICAL SERVICES.\n\n Notwithstanding section 1905(b) of the Social Security Act (42 \nU.S.C. 1396d(b)) or any other provision of law, with respect to \nservices covered under the State plan of any designated State under \ntitle XIX of such Act (42 U.S.C. 1396 et seq.) at the option of such \nState which are furnished to a designated individual and paid for by a \ncounty of such State in accordance with State law, the Federal medical \nassistance percentage during the 2-year period beginning July 1, 1993, \nshall be 100 percent.\n\nSEC. 14. PERMANENT ENHANCED FEDERAL MATCH UNDER THE INDIVIDUAL AND \n FAMILY GRANT PROGRAMS FOR STATES FREQUENTLY DECLARED TO \n BE DISASTER AREAS.\n\n Section 411(b) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5178(b)) is amended--\n (1) in paragraph (1), by striking ``The Federal share'' and \n inserting ``Except as provided in paragraph (3), the Federal \n share'';\n (2) in paragraph (2), by striking ``The Federal share'' and \n inserting ``Except as provided in paragraph (3), the Federal \n share''; and\n (3) by adding at the end the following new paragraph:\n ``(3) Enhanced federal share under certain circumstances.--\n If the President has declared a major disaster to exist under \n this Act in more than one-third of the counties in a State in 2 \n of the previous 5 calendar years, the Federal share of a grant \n to an individual or a family under this section shall be equal \n to 100 percent of the actual cost incurred.''.","summary":"Flood-Affected States Assistance Act of 1993 - Provides for an enhanced Federal medical assistance match for services furnished under Medicaid (title XIX of the Social Security Act (SSA)) to individuals residing in major disaster areas resulting from the widespread flooding in the Midwest in 1993 . Disregards certain donated items and temporary financial assistance when determining eligibility for benefits under the Aid to Families with Dependent Children (AFDC) and Medicaid programs. Provides for a greater Federal share of grants to individuals and families residing in Midwest flood areas. Waives certain administrative costs involved in such grants. Extends the submission deadline for certain AFDC and JOBS program reports. Suspends temporarily certain State quality control functions. Deems States in Midwest flood areas to be in compliance with requirements under SSA title IV part D relating to child support data processing and information retrieval systems. Provides for an enhanced Federal match for: (1) individuals in Midwest flood areas who are newly eligible for Medicaid or certain State welfare programs. (2) the transitional housing special needs of such individuals under AFDC. (3) emergency assistance furnished to families in Midwest flood areas with children, (4) JOBS program participants in Midwest flood areas. And (5) certain optional Medicaid services furnished to individuals in Midwest flood areas. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for a permanent enhanced Federal match under the individual and family grant program for States frequently declared to be disaster areas.","title":"Flood-Affected States Assistance Act of 1993","text_len":11169,"sum_len":1656} {"bill_id":"107_s183","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Employment and \nEducation Enhancement Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n (1) The authorizations of most programs providing Federal \n aid to elementary and secondary education, and support for \n educational research, statistics, and assessment activities, \n including programs under the Elementary and Secondary Education \n Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals \n 2000), the Educational Research, Development, Dissemination, \n and Improvement Act of 1994 (ERDDIA), and the National \n Education Statistics Act of 1994 (NESA), expired during the \n 106th Congress.\n (2) The reauthorization of the Elementary and Secondary \n Education Act of 1965 is likely to occur during the 107th \n Congress.\n (3) The programs authorized under the Elementary and \n Secondary Education Act of 1965, the Goals 2000: Educate \n America Act, the Educational Research, Development, \n Dissemination, and Improvement Act of 1994, and the National \n Education Statistics Act of 1994, constitute the majority of \n Federal grants for elementary and secondary education.\n (4) The business community, and small businesses in \n particular, have an important stake in the education of our \n Nation's youth.\n (5) One of the most fundamental needs that any growing \n business will ever face is the need for employees with basic \n skills.\n (6) Concerns have been expressed by the small business \n community that students are not graduating with adequate basic \n skills in reading, writing, mathematics, and science that allow \n the students to succeed in today's workplace or become the \n entrepreneurs of tomorrow.\n (7) A 1999 American Management Association survey on \n workplace testing found that--\n (A) approximately 36 percent of employees tested \n for basic skills (reading, writing and mathematics) \n were found to be deficient;\n (B) small businesses had deficiency rates well \n above the national average; and\n (C) 60 percent of American Management Association \n member companies reported that the availability of \n skilled manpower was scarce, and 67 percent believe \n that the shortages will continue.\n (8) A 1999 National Federation of Independent Business \n report found that 18 percent of the members reported finding \n qualified labor is the most important problem facing their \n business.\n (9) A 1999 poll of the United States Chambers of Commerce \n found that 83 percent of the members reported the ability (or \n lack thereof) to get qualified workers is among the members' \n biggest concerns, and 53 percent of the members said education \n is the single most pressing public policy issue for the \n members.\n (10) The growth of high-skilled jobs is outpacing growth in \n all other fields.\n (11) Small business is the driving force behind our \n Nation's economy.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) locally-driven initiatives to improve education are \n crucial;\n (2) the views of small business should be taken into \n account in the debate over education;\n (3) in order to create jobs, our Nation must encourage \n small business expansion and foster small business \n entrepreneurship and job creation, and education initiatives \n are key to this effort;\n (4) the Department of Education should facilitate the \n sharing of ideas and best practices at the State and local \n level, particularly with respect to partnerships between small \n businesses and school systems; and\n (5) when and where Department of Education approval of a \n program or proposal is required, the Department of Education \n should expedite approval of such programs or proposals.\n\nSEC. 4. INFORMATION DISSEMINATION AND SHARING.\n\n The Secretary of Education shall disseminate information and \nfacilitate the sharing of information designed to assist small \nbusinesses in working with school systems to improve the education \nsystem through publication of guidance materials, best practices, \nchecklists, and other formats on the World Wide Web, in Department of \nEducation publications and articles, in letters, through links to other \nrelated World Wide Web sites, through public service announcements, and \nthrough other means at the Department's disposal.\n\nSEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION.\n\n The Secretary of Education shall establish a centralized database \nof materials to act as a clearinghouse for information on successful \ninitiatives and best practices regarding the involvement of small \nbusinesses in education. The clearinghouse shall receive, collect, \nprocess, assemble, and disseminate reliable information, including \ninnovative, successful activities with a proven track record at the \nState and local level.\n\nSEC. 6. OFFICE OF SMALL BUSINESS EDUCATION.\n\n Title II of the Department of Education Organization Act (20 U.S.C. \n3411 et seq.) is amended by adding at the end the following:\n\n``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION.\n\n ``(a) There shall be in the Department an Office of Small Business \nEducation (hereafter in this section referred to as the `Office'), to \nbe administered by the Director of Small Business Education. The \nDirector of Small Business Education shall report directly to the \nSecretary and shall perform such additional functions as the Secretary \nmay prescribe.\n ``(b) The Director of Small Business Education, through the Office, \nshall--\n ``(1) review the needs of small businesses and the \n contributions the small business community may make with \n respect to efforts to improve education;\n ``(2) promote efforts to address the needs of small \n businesses though education programs;\n ``(3) work to remove impediments to partnerships between \n school systems and small businesses; and\n ``(4) propose solutions to education-related problems \n facing small businesses.''.\n\nSEC. 7. TECHNICAL ASSISTANCE.\n\n (a) In General.--The Director of the Office of Small Business \nEducation shall provide technical assistance to small businesses, small \nbusiness organizations, school systems, and communities working \ncooperatively to improve education outcomes.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2001 and each of the 4 succeeding fiscal years.\n\nSEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, in the case of a \nsmall business, the small business education opportunity credit \ndetermined under this section for the taxable year is an amount equal \nto 15 percent of qualified education opportunity credit expenses paid \nor incurred by the taxpayer during the taxable year.\n ``(b) Qualified Education Opportunity Expenses.--For purposes of \nthis section--\n ``(1) In general.--The term `qualified education \n opportunity expenses' means an amount paid or incurred in \n connection with an eligible work study program, including--\n ``(A) administrative expenses of the taxpayer, and\n ``(B) remuneration paid to participants in such \n program for services performed by such participant.\n ``(2) Eligible work study program.--The term `eligible work \n study program' means a written program--\n ``(A) approved by the appropriate State educational \n agency, and\n ``(B) involving a partnership with a secondary \n school to provide work study and internship \n opportunities for eligible individuals.\n ``(3) Eligible individual.--The term `eligible individual' \n means an individual who is--\n ``(A) a full-time student in a secondary school, or\n ``(B) a full-time teacher in a secondary school.\n ``(4) Exceptions.--Such term does not include--\n ``(A) expenses for which any other Federal or State \n credit or payment is made, or\n ``(B) expenses paid or incurred for a professional \n conference or for an orientation program.\n ``(c) Definitions; Special Rules.--\n ``(1) Secondary school.--For purposes of this section, the \n term `secondary school' has the meaning given such term by \n section 14101 of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 8801), as in effect on the date of enactment of \n this section.\n ``(2) Special rules.--Rules similar to the rules of \n subsections (c), (d), and (e) of section 52 shall apply for \n purposes of this section.\n ``(3) Aggregation rules.--All persons treated as a single \n employer under subsection (a) or (b) of section 52 or \n subsection (m) or (o) of section 414 shall be treated as one \n person for purposes of subsection (a).\n ``(d) Denial of Double Benefit.--No deduction or credit shall be \nallowed under this chapter (other than a credit under this section) for \nany amount taken into account in determining the credit under this \nsection.''.\n (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue \nCode of 1986 (relating to transition rules) is amended by adding at the \nend the following new paragraph:\n ``(10) No carryback of small business education opportunity \n credit before effective date.--No portion of the unused \n business credit for any taxable year which is attributable to \n the small business education opportunity credit determined \n under section 45E may be carried to a taxable year ending \n before the date of the enactment of section 45E.''.\n (c) Conforming Amendment.--Section 38(b) of the Internal Revenue \nCode of 1986 (relating to general business credit) is amended by \nstriking ``plus'' at the end of paragraph (12), by striking the period \nat the end of paragraph (13) and inserting ``, plus'', and by adding at \nthe end the following new paragraph:\n ``(14) the small business education opportunity credit \n determined under section 45E(a).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45D the \nfollowing new item:\n\n ``Sec. 45E. Small business education \n opportunity credit.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 9. STUDY AND REPORT.\n\n (a) In General.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary of Education shall conduct a study \nand submit to Congress a report regarding the challenges facing small \nbusinesses in obtaining workers with adequate skills.\n (b) Contents.--The report shall include the following:\n (1) Information on the shortage, if any, of workers with \n adequate skills in the small business sector.\n (2) An assessment of the impact on small business of the \n shortage, if any.\n (3) The costs to small businesses associated with the \n shortage, if any.\n (4) The recommendations of the Secretary, if any, on how to \n address the challenges facing small businesses due to the \n shortage, if any, of workers with adequate skills.","summary":"Small Business Employment and Education Enhancement Act of 2001 - Expresses the sense of Congress regarding: (1) locally-driven initiatives to improve education, (2) consideration of the views of small business concerning education. (3) education initiatives as key to fostering small business expansion, entrepreneurship, and job creation. (4) Department of Education facilitation of the sharing of ideas and best practices at State and local levels, particularly with respect to partnerships between small businesses and school systems. And (5) the expediting of the Department's approval of programs or proposals. Directs the Secretary of Education to: (1) disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through specified means, including the Internet World Wide Web. (2) establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education. And (3) study and report to Congress on the challenges facing small businesses in obtaining workers with adequate skills. Amends the Department of Education Organization Act to establish an Office of Small Business Education, administered by a Director, to: (1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education. (2) promote efforts to address the needs of small businesses though education programs. (3) work to remove impediments to partnerships between school systems and small businesses. And (4) propose solutions to education-related problems facing small businesses. Requires the Director to provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes. Amends the Internal Revenue Code to establish a small business education opportunity tax credit for qualified education opportunity expenses.","title":"A bill to enhance Department of Education efforts to facilitate the involvement of small business owners in State and local initiatives to improve education.","text_len":12531,"sum_len":2083} {"bill_id":"108_s1089","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cuba Transition Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Cuban people are seeking change in their country, \n including through the Varela Project, Concilio Cubano, \n independent journalist activity, and other civil society \n initiatives.\n (2) Civil society groups and independent, self-employed \n Cuban citizens will be essential to the consolidation of a \n genuine and effective transition to democracy from an \n authoritarian, communist government in Cuba, and therefore \n merit increased international assistance.\n (3) The people of the United States support a policy of \n proactively helping the Cuban people to establish a democratic \n system of government, including supporting Cuban citizen \n efforts to prepare for transition to a better and more \n prosperous future.\n (4) Without profound political and economic changes, Cuba \n will not meet the criteria for participation in the Summit of \n the Americas process.\n (5) The Inter-American Democratic Charter adopted by the \n General Assembly of the Organization of American States (OAS) \n provides both guidance and mechanisms for response by OAS \n members to the governmental transition in Cuba and that \n country's eventual reintegration into the inter-American \n system.\n (6) United States Government support of pro-democracy \n elements in Cuba and planning for the transition in Cuba is \n essential for the identification of resources and mechanisms \n that can be made available immediately in response to profound \n political and economic changes on the island.\n (7) Consultations with democratic development institutions \n and international development agencies regarding Cuba are a \n critical element in the preparation of an effective \n multilateral response to the transition in Cuba.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are as follows:\n (1) To support multilateral efforts by the countries of the \n Western Hemisphere in planning for a transition of the \n government in Cuba and the return of that country to the \n Western Hemisphere community of democracies.\n (2) To encourage the development of an international group \n to coordinate multilateral planning to a transition of the \n government in Cuba.\n (3) To authorize funding for programs to assist the Cuban \n people and independent nongovernmental organizations in Cuba in \n preparing the groundwork for a peaceful transition of \n government in Cuba.\n (4) To provide the President with funding to implement \n assistance programs essential to the development of a \n democratic government in Cuba.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Democratically elected government in cuba.--The term \n ``democratically elected government in Cuba'' has the meaning \n given the term in section 4 of the Cuban Liberty and Democratic \n Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023).\n (2) Transition government in cuba.--The term ``transition \n government in Cuba'' has the meaning given the term in section \n 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act \n of 1996 (22 U.S.C. 6023).\n\nSEC. 5. DESIGNATION OF COORDINATOR FOR CUBA TRANSITION.\n\n (a) In General.--The Secretary of State shall designate, within the \nDepartment of State, a coordinator who shall be responsible for--\n (1) designing an overall strategy to coordinate \n preparations for, and a response to, a transition in Cuba;\n (2) coordinating assistance provided to the Cuban people in \n preparation for a transition in Cuba;\n (3) coordinating strategic support for the consolidation of \n a political and economic transition in Cuba;\n (4) ensuring program and policy coordination among agencies \n of the United States Government in carrying out the policies \n set forth in this Act; and\n (5) pursuing coordination with other countries and \n international organizations, including international financial \n institutions, with respect to assisting a transition in Cuba.\n (b) Rank and Status of the Transition Coordinator.--The coordinator \ndesignated in subsection (a) shall have the rank and status of \nambassador.\n\nSEC. 6. MULTILATERAL INITIATIVES RELATED TO CUBA.\n\n The Secretary of State is authorized to designate up to $5,000,000 \nof total amounts made available for contributions to international \norganizations to be provided to the Organization of American States \nfor--\n (1) Inter-American Commission on Human Rights activities \n relating to the situation of human rights in Cuba;\n (2) the funding of an OAS emergency fund for the deployment \n of human rights observers, election support, and election \n observation in Cuba as described in section 109(b) of the Cuban \n Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 \n U.S.C. 6039(b)(1)); and\n (3) scholarships for Cuban students attending colleges, \n universities, or other educational programs in member states of \n the OAS.\n\nSEC. 7. SENSE OF CONGRESS.\n\n (a) Sense of Congress Regarding Consultation With Western \nHemisphere.--It is the sense of Congress that the President should \nbegin consultation, as appropriate, with governments of other Western \nHemisphere countries regarding a transition in Cuba.\n (b) Sense of Congress Regarding Other Consultations.--It is the \nsense of Congress that the President should begin consultations with \nappropriate international partners and governments regarding a \nmultilateral diplomatic and financial support program for response to a \ntransition in Cuba.\n\nSEC. 8. ASSISTANCE PROVIDED TO THE CUBAN PEOPLE IN PREPARATION FOR A \n TRANSITION IN CUBA.\n\n (a) Authorization.--Notwithstanding any other provision of law \nother than section 634A of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2394-1) and comparable notification requirements contained in \nany Act making appropriations for foreign operations, export financing, \nand related programs, the President is authorized to furnish an amount \nnot to exceed $15,000,000 in assistance and provide other support for \nindividuals and independent nongovernmental organizations to support \ndemocracy-building efforts for Cuba, including--\n (1) political prisoners and members of their families;\n (2) persons persecuted or harassed for dissident \n activities;\n (3) independent libraries;\n (4) independent workers' rights activists;\n (5) independent agricultural cooperatives;\n (6) independent associations of self-employed Cubans;\n (7) independent journalists;\n (8) independent youth organizations;\n (9) independent environmental groups;\n (10) independent economists, medical doctors, and other \n professionals;\n (11) in establishing and maintaining an information and \n resources center to be in the United States interests section \n in Havana, Cuba;\n (12) prodemocracy programs of the National Endowment for \n Democracy that are related to Cuba;\n (13) nongovernmental programs to facilitate access to the \n Internet, subject to section 102(g) of the Cuban Liberty and \n Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. \n 6032(g));\n (14) nongovernmental charitable programs that provide \n nutrition and basic medical care to persons most at risk, \n including children and elderly persons; and\n (15) nongovernmental charitable programs to reintegrate \n into civilian life persons who have abandoned, resigned, or \n been expelled from the Cuban armed forces for ideological \n reasons.\n (b) Definitions.--In this section:\n (1) Independent nongovernmental organization.--The term \n ``independent nongovernmental organization'' means an \n organization that the Secretary of State determines, not less \n than 15 days before any obligation of funds to the \n organization, is a charitable or nonprofit nongovernmental \n organization that is not an agency or instrumentality of the \n Cuban Government.\n (2) Eligible cuban recipients.--The term ``eligible Cuban \n recipients'' is limited to any Cuban national in Cuba, \n including political prisoners and their families, who are not \n officials of the Cuban Government or of the ruling political \n party in Cuba, as defined in section 4(10) of the Cuban Liberty \n and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. \n 6023(10)).\n\nSEC. 9. SUPPORT FOR A TRANSITION GOVERNMENT IN CUBA.\n\n (a) Authorization of Appropriations.--In addition to funds \notherwise available for such purposes, there are authorized to be \nappropriated $30,000,000 to the President to establish a fund to \nprovide assistance to a transition government in Cuba as defined in \nsection 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) \nAct of 1996 (22 U.S.C. 6023).\n (b) Designation of Fund.--The fund authorized in subsection (a) \nshall be known as the ``Fund for a Free Cuba''.\n (c) Availability of Funds.--Amounts appropriated pursuant to \nsubsection (a) are authorized to remain available until expended.","summary":"Cuba Transition Act of 2003 - Directs the the Secretary of State to designate, within the Department of State, a coordinator responsible for designing an overall strategy to coordinate specified preparations for a transition in Cuba that targets economic, political and financial developments. Authorizes the Secretary to designate specified funds to be provided to the Organization of American States (OAS) for: (1) Inter-American Commission on Human Rights activities relating to the situation of human rights in Cuba. (2) the funding of an OAS emergency fund for the deployment of human rights observers, election support, and election observation in Cuba. And (3) scholarships for Cuban students attending colleges, universities, or other educational programs in member states of the OAS. Expresses the sense of Congress that the President should begin consultation with: (1) governments of other Western Hemisphere countries regarding a transition in Cuba. And (2) international partners and governments regarding a multilateral diplomatic and financial support program for response to a transition in Cuba. Authorizes the President to furnish assistance and provide other support for individuals and independent nongovernmental organizations to support specified democracy-building efforts for Cuba. Authorizes appropriations to the President to establish a fund to provide assistance to a transition government in Cuba.","title":"A bill to encourage multilateral cooperation and authorize a program of assistance to facilitate a peaceful transition in Cuba, and for other purposes.","text_len":9847,"sum_len":1426} {"bill_id":"111_hr2668","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Choice in Health \nOptions Insures Care for Everyone (CHOICE) Act of 2009''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Establishment of American Trust Health Plan; administrative \n structure.\nSec. 3. Finances.\nSec. 4. Eligibility and enrollment.\nSec. 5. Providers.\nSec. 6. Benefits.\nSec. 7. Premiums.\n\nSEC. 2. ESTABLISHMENT OF AMERICAN TRUST HEALTH PLAN; ADMINISTRATIVE \n STRUCTURE.\n\n (a) In General.--There is established an American Trust Health Plan \n(in this Act referred to as the ``American Trust Health Plan'' or the \n``Plan'') or to provide for the offering to eligible individuals of \nhealth benefits coverage throughout the United States, including its \nterritories.\n (b) Compliance With Requirements.--\n (1) In general.--The American Trust Health Plan shall \n comply with all requirements that are applicable with respect \n to other health benefits plans to be offered through a National \n Health Insurance Exchange (as defined in subsection (e)), \n including (as specified in this Act) minimum benefit and cost-\n sharing requirements and premium rating requirements.\n (2) Exemption from state insurance regulations.--As a \n Federal health program, the American Trust Health Plan is not \n required to comply with the insurance regulations of the States \n to the extent health benefits plans offered through the \n National Health Insurance Exchange are exempt from such \n regulations.\n (3) Satisfaction of individual mandate requirement.--An \n individual's enrollment with the Plan shall be treated as \n satisfying any requirement under Federal law for the individual \n to demonstrate enrollment in health insurance or benefits \n coverage.\n (c) Plan Administration.--\n (1) Administrator.--The American Trust Health Plan shall be \n administered by an Office of American Trust Health \n Administration (in this Act referred to as the ``Office'') \n within the Department of Health and Human Services. The Office \n shall be headed by an Administrator (in this Act referred to as \n the ``Administrator'') who shall be appointed by the President, \n by and with the advice and consent of the Senate.\n (2) Compensation.--The Administrator shall be entitled to \n compensation at the level II of the Executive Schedule (under \n section 5313 of title 5, United States Code).\n (3) Limitation.--The Administrator and the Office shall not \n participate in the administration of any regulation regarding \n the health insurance market or in the administration of the \n National Health Insurance Exchange.\n (4) General authority.--The Administrator shall have the \n same general authorities with respect to personnel and \n operations of the Office as the heads of other agencies and \n departments of the Federal Government have with respect to such \n agencies and departments.\n (d) Advisory Board.--\n (1) In general.--The Administrator shall be advised by an \n Advisory Board (in this Act referred to as the ``Advisory \n Board'') composed of 7 individuals appointed by the President. \n The President shall nominate individuals to serve on the \n Advisory Board in a manner that provides for inclusion on the \n Board of individuals who--\n (A) represent the interests of patients or \n consumers;\n (B) represent the interests health care providers, \n at least one of whom is a physician; and\n (C) are experts in health care quality measurements \n and reporting.\n (2) Duties.--The Advisory Board shall advise the \n Administrator regarding the operation of the American Trust \n Health Plan and the Administrator shall consult with the \n Advisory Board not less often than quarterly and before making \n any annual changes in benefits under Plan.\n (3) Terms, compensation, chair, meetings, etc.--The \n provisions of paragraphs (2)(D), (3), (4), (5), and (6) of \n section 1805(c) of the Social Security Act (42 U.S.C. 1395b-\n 6(c)) shall apply with respect to the Advisory Board and the \n President under this section in the same manner as such \n provisions apply to the Medicare Payment Advisory Commission \n and the Comptroller General, respectively, under section 1805 \n of such Act.\n (4) Financing.--Within the budget established for the \n operation of the Plan, the Administrator shall provide for \n payment for the costs of operation of the Advisory Board.\n (e) National Health Insurance Exchange Defined.--In this Act, the \nterm ``National Health Insurance Exchange'' means a mechanism \nestablished or recognized under Federal law for coordinating the \noffering of health benefits coverage to individuals in the United \nStates (and includes such a mechanism that may be operated at a State \nor regional level) through the establishment of standards for benefits \nand cost-sharing and for premiums for such health benefits coverage.\n\nSEC. 3. FINANCES.\n\n (a) Self-Financing.--The American Trust Health Plan shall be \nfinancially self-sustaining insofar as funds to operate the Plan, \nincluding costs of benefits, administration, and marketing, shall be \nderived from premiums for individuals enrolled under the Plan. The Plan \nis eligible to accept subsidies, including subsidies for the enrollment \nof such individuals, in the same manner and to the same extent as other \nhealth benefits plans offered through a National Health Insurance \nExchange are eligible to accept subsidies.\n (b) Contingency Reserve.--The Administrator shall establish and \nfund a contingency reserve for the Plan in a form similar to that of a \ncontingency reserve for health benefits plans under the Federal \nEmployees Health Benefits Program under chapter 89 of title 5, United \nStates Code.\n\nSEC. 4. ELIGIBILITY AND ENROLLMENT.\n\n (a) Eligibility.--\n (1) In general.--Any individual who is made eligible to \n purchase coverage with a health benefits plan through the \n National Health Insurance Exchange is eligible to enroll with \n the American Health Trust Plan.\n (2) Employer enrollment.--To the extent provided by the \n National Health Insurance Exchange with respect to health \n benefits coverage offered through the Exchange, employers are \n eligible to purchase coverage for, and enroll their employees \n and dependents with, the Plan.\n (b) Annual Open Enrollment Period.--The Administrator shall \ndetermine a yearly period of open enrollment for eligible individuals \nof not less than four consecutive weeks. Such a period shall be \nconsistent with any similar annual open enrollment period established \nby the National Health Insurance Exchange for health benefits plans \noffered through the Exchange.\n (c) Notices of Significant Changes.--\n (1) In general.--No significant change shall be made under \n the Plan except with public notice and on an annual basis and \n consistent with rules established by the National Health \n Insurance Exchange for health benefits coverage offered through \n the Exchange.\n (2) Significant change defined.--In this subsection, the \n term ``significant change'' includes any change in benefits, \n copayments, deductibles, or premiums.\n\nSEC. 5. PROVIDERS.\n\n (a) Access to Medicare Provider Network.--\n (1) In general.--Except as provided in paragraph (2), any \n health care provider that is eligible for and accepts \n reimbursement for services under the Medicare program under \n title XVIII of the Social Security Act (in this section \n referred to as the ``Medicare'') shall, as a condition of \n continuing to participate under such program, also participate \n under the American Health Trust Plan.\n (2) Exception.--Paragraph (1) shall not be construed as \n requiring a provider to accept new patients due to bona fide \n capacity limitations of the provider.\n (b) Reimbursement Levels.--\n (1) In general.--The Administrator shall provide for \n payment to health care providers for covered services at rates \n not less, on average and in the aggregate nationally, than 105 \n percent of the payment rates recognized for such services (or \n substantially similar services) under Medicare. In the case of \n those services which are covered under the Plan but are not \n covered under Medicare, the Administrator shall seek to apply \n payment rates and methodologies similar to those described in \n the previous sentence.\n (2) Adjustment.--The Administrator, in determining the \n competitiveness of the Plan within different markets and \n compared to other health benefits plans offered through the \n National Health Insurance Exchange, may increase the payment \n rates for health care providers above the rate otherwise \n provided under paragraph (1).\n (3) GPCI floors.--In applying paragraph (1), the work and \n practice expense geographic indices applied under section \n 1848(e)(1) of the Social Security Act for any locality shall \n not be less than 1.00.\n (c) Adoption of Medicare Reforms.--The Plan may adopt Medicare \nsystem delivery reforms that provide patients with a coordinated system \nof care and make changes to the provider payment structure.\n\nSEC. 6. BENEFITS.\n\n (a) In General.--The Administrator shall specify the benefits to be \nprovided under the Plan consistent with this section and in \nconsultation with the Advisory Board.\n (b) Minimum Benefit Level.--The Plan may offer coverage with \ndiffering benefit levels so long as such benefits and levels are \nconsistent with the benefits and levels of benefits required to be \noffered by health benefits plans under the National Health Insurance \nExchange, and shall include the offering of at least one benefit level \nwhich closely reflects the lowest benefit level that may be offered by \na health benefits plan through such Exchange.\n\nSEC. 7. PREMIUMS.\n\n (a) In General.--The Administrator shall specify the levels of \npremiums for coverage under the Plan so long as they--\n (1) are based upon a system of rating that is consistent \n with rating rules that is established for health benefits plans \n offered through the National Health Insurance Exchange;\n (2) do not take into account health status related factors \n for any individual enrollee; and\n (3) are designed to provide sufficient funds to meet the \n requirement of section 3(a).\n (b) Rating Rules.--To the extent permitted for health benefits \nplans offered through the National Health Insurance Exchange, the \npremiums for the Plan shall vary based on geographic area and family \nsize and may vary based on tobacco usage of an enrollee or other \nfactors permitted for health benefits plans offered through the \nExchange.","summary":"Choice in Health Options Insures Care for Everyone (CHOICE) Act of 2009 - Establishes the American Trust Health Plan to offer eligible individuals health benefits coverage. Requires the Plan to comply with all requirements that are applicable with respect to other health benefit plans to be offered through a National Health Insurance Exchange. Exempts the Plan from state insurance regulations. Treats enrollment with the Plan as satisfying any requirement under federal law for the individual to demonstrate enrollment in health insurance or benefits coverage. Sets forth provisions regarding administration of the Plan. Requires the Plan to be financially self-sustaining insofar as funds to operate the Plan shall be derived from premiums of individuals enrolled under the Plan. Makes the Plan eligible to accept subsides to the same extent as other health benefit plans offered through an Exchange. Prohibits significant changes to the Plan without public notice. Conditions a health care provider's continued participation in the Medicare program on participation in the American Trust Health Plan. Sets payment for health care providers under the Plan at 105 of the payment rates under Medicare. Requires the Administrator of the Plan to set the benefit level and the premiums.","title":"To provide for the offering of an American Trust Health Plan to provide choice in health insurance options so as to ensure quality, affordable health coverage for all Americans.","text_len":11597,"sum_len":1285} {"bill_id":"111_hr4303","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stand with the Iranian People Act''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.\n\n (a) Findings.--Congress finds the following:\n (1) The Government of Iran has engaged in a brutal \n crackdown on the Iranian people in the aftermath of the \n disputed presidential election of June 12, 2009, stifling \n freedom of speech, press, and assembly and violating \n fundamental human rights.\n (2) On June 23, 2009, President Obama denounced the \n crackdown on the Iranian people, saying ``The United States \n respects the sovereignty of the Islamic Republic of Iran, and \n is not at all interfering in Iran's affairs. But we must also \n bear witness to the courage and dignity of the Iranian people, \n and to a remarkable opening within Iranian society''.\n (3) On June 19, 2009, the House of Representatives adopted \n H. Res. 560 by a vote of 405-1, ``expressing support for all \n Iranian citizens who struggle for freedom, human rights, civil \n liberties, and the protection of the rule of law''.\n (4) Iran's security forces, particularly the Iranian \n Revolutionary Guard Corps (IRGC) and the Basij volunteer \n militia, have been largely responsible for the violence and \n brutality committed against the Iranian people in the recent \n unrest.\n (5) Thousands of Iranian protesters have been arrested and \n detained for taking part in public demonstrations, with many \n being raped and tortured to extract false confessions to be \n used against them and others as part of government-run ``show \n trials''.\n (6) On June 20, 2009, twenty-six year old Neda Agha Soltan \n was shot and killed by a member of the Basij militia, \n symbolizing for Iranians and people all over the world the \n government's brutal crackdown against peaceful demonstrators.\n (b) Sense of the Congress.--It is the sense of Congress that the \nUnited States--\n (1) respects the sovereignty, proud history, and rich \n culture of the Iranian people;\n (2) respects the universal values of freedom of speech, \n freedom of the press, and the freedom to assemble;\n (3) respects and admires the Iranian people as they take \n steps to peacefully express their voices, opinions, and \n aspirations;\n (4) deplores and condemns the use of coerced confessions \n and ``show trials'' as tools of political repression in Iran;\n (5) urges the Government of Iran to intensify its \n cooperation on the case of Robert Levinson with the Embassy of \n Switzerland in Tehran and to share the results of its \n investigation into the disappearance of Robert Levinson with \n the Federal Bureau of Investigation; and\n (6) recognizes the importance of diplomacy with Iran in \n order to advance the national security interests of the United \n States, but such diplomacy should not be construed as official \n recognition of the declared results from the June 12, 2009, \n Iranian presidential election.\n (c) Statement of Policy.--It should be the policy of the United \nStates to--\n (1) work to ensure that sanctions are clearly targeted at \n the Government of Iran and individuals within the Government of \n Iran, rather than the Iranian society as a whole, in order to \n avoid creating hardship and inflicting harm on the Iranian \n people;\n (2) encourage United States allies to freeze bank accounts \n held or controlled by Iranian Government officials who have \n carried out human rights abuses against the people of Iran;\n (3) encourage United States allies to deny entrance visas \n for non-official business to Iranian Government officials who \n have carried out human rights abuses against the people of \n Iran;\n (4) work in the United Nations Security Council to impose \n multilateral political and financial sanctions against Iranian \n Governmental officials, including officials of the IRGC and \n Basij militia, who have carried out human rights abuses against \n the people of Iran;\n (5) work within the United Nations to focus international \n attention on and investigate human rights abuses in Iran, and \n to secure the release of prisoners of conscience;\n (6) apply targeted political and financial sanctions \n against a foreign person or foreign entity that provides \n illicit support to the IRGC and Basij militia;\n (7) encourage cooperation between United States and Iranian \n nongovernmental organizations, particularly with regard to \n facilitating people-to-people exchanges; and\n (8) expedite admission to the United States of any national \n of Iran who is under threat of severe penalty as a result of \n participating in or reporting on pro-democracy activities \n inside Iran, and should encourage other governments to accept \n such Iranian refugees for resettlement, provided applicants \n have not engaged in or provided support for acts of terrorism \n and satisfy all criteria for acquiring refugee status.\n\nSEC. 3. IMPOSING TRAVEL RESTRICTIONS AGAINST IRAN'S HUMAN RIGHTS \n ABUSERS.\n\n (a) In General.--The Secretary of State shall deny the issuance of \na visa and the Secretary of Homeland Security shall deny admission to \nthe United States to any official of the Government of Iran who is \ncredibly alleged to have ordered, acquiesced to, or participated in \nhuman rights abuses against the people of Iran\n (b) Waiver.--The ban described in subparagraph (a) may be waived if \nthe Secretary of State certifies to Congress that such a waiver is in \nthe national interests of the United States.\n\nSEC. 4. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS OR ENTITIES \n THAT PROVIDE CENSORSHIP OR SURVEILLANCE TECHNOLOGY TO THE \n GOVERNMENT OF IRAN.\n\n (a) Prohibition.--Notwithstanding any other provision of law, the \nhead of an executive agency may not enter into or renew a contract for \nthe procurement of goods or services with a person or entity that \nprovides censorship or surveillance technology to the Government of \nIran.\n (b) Waiver Provision.--The Secretary concerned may waive the \napplication of the prohibition under subsection (a) with respect to a \nperson or entity if the Secretary certifies to Congress that such a \nwaiver is in the national interest of the United States.\n (c) Definitions.--In this section--\n (1) the term ``censorship or surveillance technology'' \n means hardware, software, telecommunications equipment, or any \n other technology that the President determines is designed to \n provide a substantial capability--\n (A) to restrict the free flow of information; or\n (B) to disrupt, monitor, or otherwise restrict \n speech;\n (2) the term ``executive agency'' has the meaning given \n that term in section 4 of the Office of Federal Procurement \n Policy Act (41 U.S.C. 403); and\n (3) the term ``Government of Iran'' means any agency or \n instrumentality of the Government of Iran, including any entity \n that is controlled by the Government of Iran.\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), this \n section shall apply to contracts entered into on or after the \n date that is 90 days after the date of the enactment of this \n Act.\n (2) Exception.--With respect to a renewal of a contract, \n this section shall apply to a contract renewed on or after the \n date of the enactment of this Act.\n\nSEC. 5. AUTHORIZATION OF UNITED STATES NON-PROFIT ORGANIZATIONS' \n ACTIVITIES IN IRAN FOR THE PROVISION OF HUMANITARIAN AND \n PEOPLE-TO-PEOPLE ASSISTANCE.\n\n (a) Authorization.--Notwithstanding any other provision of law, the \nestablishment and carrying out of operations in Iran for the direct \nprovision of humanitarian and people-to-people assistance described in \nsubsection (b) by any organization described in section 501(c)(3) of \nthe Internal Revenue Code of 1986 may not be prohibited or otherwise \nrestricted.\n (b) Assistance Described.--The humanitarian and people-to-people \nassistance referred to in subsection (a) is assistance to--\n (1) promote adequate and reliable nutrition;\n (2) advance child survival and maternal health;\n (3) improve access to safe water, sanitation, and shelter;\n (4) prepare for and respond to natural disasters;\n (5) improve access to basic health care;\n (6) prevent and treat drug addiction;\n (7) strengthen education and literacy;\n (8) promote equal rights for women and minorities;\n (9) support human rights and representative governance;\n (10) foster international and religious understanding and \n tolerance; and\n (11) facilitate international people-to-people exchanges.\n (c) Exception.--Subsection (a) shall not apply with respect to an \norganization described in subsection (a) if such organization provides \nservices or conducts transactions with any organization or entity that \nappears on the Department of the Treasury's Specially Designated \nNationals List.\n (d) Notification and Waiver.--The Secretary of the Treasury may \nrequire organizations authorized under subsection (a) to notify the \nDepartment of the Treasury up to 14 days in advance of commencing \noperations in Iran. The Secretary of the Treasury may waive the \napplication of subsection (a) if the Secretary determines that it is in \nthe national security interests of the United States to do so.\n (e) Effective Date.--This section shall apply with respect to the \nestablishment and carrying out of operations described in subsection \n(a) on or after the date of the enactment of this Act.","summary":"Stand with the Iranian People Act - Directs the Secretary of State to deny issuance of a visa and the Secretary of Homeland Security (DHS) to deny US admission to any government official of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran. Authorizes the Secretary of State to waive such ban if in the US national interest. Prohibits the head of an executive agency from entering into or renewing a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the government of Iran. Authorizes the Secretary concerned to waive such prohibition if in the US national interest. States that the establishment and carrying out of operations by US nonprofit organizations in Iran for the direct provision of specified humanitarian and people-to-people assistance may not be prohibited or restricted. Authorizes the Secretary of the Treasury to require such an organization to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. Excludes from such provision an organization that provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List .","title":"To enhance United States sanctions against Iran by targeting Iranian governmental officials, prohibiting Federal procurement contracts with persons that provide censorship or surveillance technology to the Government of Iran, providing humanitarian and people-to-people assistance to the Iranian people, and for other purposes.","text_len":10364,"sum_len":1326} {"bill_id":"103_hr1000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Asbestos Management Incentive Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Although asbestos is hazardous, the risk of asbestos-\n related disease depends upon exposure to airborne asbestos \n fibers.\n (2) Data available to the Environmental Protection Agency \n suggest that average airborne asbestos levels in buildings are \n very low. Accordingly, the health risk to most building \n occupants also appears to be very low.\n (3) The Environmental Protection Agency has estimated that \n only 20 percent of all buildings (including public and \n commercial buildings, residential apartment buildings of 10 \n units or more, and Federal buildings) contain friable asbestos-\n containing material.\n (4) The Environmental Protection Agency has found that \n removal of asbestos is often not the best course of action to \n reduce asbestos exposure. In fact, by releasing asbestos-\n containing material fibers into the air, an improper or \n unnecessary removal can create a dangerous situation where none \n previously existed and could result in a net increase in human \n exposures and risks.\n (5) The Environmental Protection Agency requires asbestos \n removal only to prevent significant public exposure to airborne \n asbestos fibers during building demolition or renovation \n activities.\n (6) Many lending institutions require the removal of \n asbestos, regardless of its condition, from commercial \n buildings before approving loans secured by those buildings \n because of the potential liability for the health of the \n occupants or property damages for failure to remove the \n asbestos.\n (7) The Environmental Protection Agency recommends a pro-\n active, in-place management program whenever intact asbestos-\n containing material is discovered.\n (8) The American Medical Association's Council on \n Scientific Affairs has stated that ``it is better that society \n use its limited financial resources in learning how to live \n safely with [asbestos] than in attempting to remove it totally \n from the environment.''\n (9) The September 1991 report of the Health Effects \n Institute's Asbestos Literature Review Panel stated that \n ``there does not appear to be sufficient risk to the health of \n general occupants to justify arbitrarily removing intact \n asbestos-containing material from well-maintained buildings''. \n The report also acknowledged that ``because custodial and \n maintenance workers may be transiently exposed to higher levels \n of asbestos, their added life-time risk of cancer may be \n appreciably higher.''\n\nSEC. 3. EFFECT OF ASBESTOS INSPECTION ON LENDING INSTITUTIONS.\n\n (a) Liability Immunity.--A lending institution that makes a loan or \nother extension of credit secured by a mortgage or other lien on a \ncommercial building shall not be liable, from the time the loan or \nother extension of credit is made until it is renegotiated or a \nsuperseding loan or other extension of credit is made, under any \nFederal, State, or local law to any person for injuries, costs, \ndamages, expenses, loss, or other obligation (including claims for \nindemnification or contribution and claims by third parties for death, \npersonal injury, illness or loss of or damage to property or economic \nloss) which results from the presence of asbestos-containing material \nin the building in any case in which--\n (1) the building was constructed during the 5-year period \n ending on the date that the loan or other extension of credit \n is made, and the building's construction manager certifies that \n the building contains no asbestos-containing material; or\n (2) the building--\n (A) is one for which an asbestos inspection was \n conducted in accordance with section 6 after January 1, \n 1989, and during the 5-year period ending on the date \n that the loan or other extension of credit is made (as \n demonstrated by appropriate documentation);\n (B) has not been significantly rebuilt or renovated \n in the area that contains asbestos-containing material \n since that inspection was completed;\n (C) is one in which that portion of asbestos-\n containing material which the management planner \n recommended for removal has been removed in accordance \n with the Occupational Safety and Health Act and the \n regulations promulgated pursuant to section 7(a); and\n (D) is one in which an operations and maintenance \n program is currently being conducted in accordance with \n section 8 and the regulations promulgated pursuant to \n section 7(a) for remaining asbestos-containing \n materials which the management planner recommended be \n handled in place.\n (b) Limitation.--The immunity from liability provided in subsection \n(a) shall not apply if--\n (1) the lending institution requires removal of asbestos-\n containing material that the management planner has recommended \n be handled in place; or\n (2) the lending institution requires an asbestos inspection \n of the building despite the fact that--\n (A) the loan applicant demonstrates, with \n appropriate documentation, that the conditions in \n subsection (a)(1) or (a)(2) have been satisfied; or\n (B) the loan applicant demonstrates, with \n appropriate documentation, that all asbestos-containing \n material has been removed from the building.\n (c) Exclusion.--The immunity from liability provided in subsection \n(a) shall not apply to a subsidiary of a lending institution in any \ncase in which the lending institution makes a loan or other extension \nof credit secured by a mortgage or other lien on a commercial building, \nand the subsidiary is the person to which the loan or other extension \nof credit is made. For purposes of this subsection, the term \n``subsidiary'' means any company that is owned or controlled, directly \nor indirectly, by a lending institution.\n (d) Effective Date.--This section shall take effect upon the \npromulgation of regulations by the Administrator of the Environmental \nProtection Agency pursuant to section 7(a).\n\nSEC. 4. LIABILITY IN THE EVENT OF FORECLOSURE.\n\n In the case of a lending institution that is immune from liability \nwith respect to a commercial building under section 3 and acquires \ntitle to such building through foreclosure or other exercise of rights \nunder a security interest, the immunity from liability shall continue \nin effect so long as the lending institution maintains the operations \nand maintenance program for the building in accordance with the \nregulations promulgated pursuant to section 7(a), the Environmental \nProtection Agency asbestos guidance documents, and this Act.\n\nSEC. 5. CONSTRUCTION OF ACT.\n\n The requirement by a lending institution that a loan applicant \nconduct an asbestos inspection in accordance with this Act of a \nbuilding to be secured by a loan, and the conducting of an operations \nand maintenance program in the building after foreclosure or other \nexercise of rights under a security interest, shall not be construed as \nparticipation in the management of the building by the lending \ninstitution and shall be considered to be an activity carried out by \nthe lending institution solely to protect the institution's security \ninterest.\n\nSEC. 6. ASBESTOS INSPECTION REQUIREMENTS.\n\n (a) In General.--For purposes of this Act, an asbestos inspection \nof a commercial building, if the loan applicant chooses to obtain one, \nshall be conducted by a qualified management planner for the purpose of \ndetermining whether asbestos-containing material is present in the \nbuilding. If an inspection reveals the presence of asbestos-containing \nmaterial, the management planner shall recommend specific response \nactions for each individual area of the building where such material is \nfound. The recommendations shall be made in accordance with the \nregulations promulgated pursuant to section 7(a) and with the \nEnvironmental Protection Agency asbestos guidance documents.\n (b) Management Planner Qualifications.--For purposes of this Act, a \nqualified management planner is a person who meets all of the following \nrequirements:\n (1) The person must be accredited, pursuant to title II of \n the Toxic Substances Control Act, as an inspector and \n management planner for asbestos-containing material in a public \n or commercial building.\n (2) The person must not own or control or be under the \n control of (A) any entity which carries out response actions \n for asbestos-containing material from buildings, (B) any owner \n or manager of the building being inspected, or (C) any lending \n institution making a loan or other extension of credit secured \n by a mortgage or other lien on the building being inspected. \n For purposes of this paragraph, a person controls an entity if \n the person, directly or indirectly, owns any amount of the \n voting stock or other type of ownership interest in the entity.\n (c) Accreditation of Management Planners for Public and Commercial \nBuildings.--Section 206 of the Toxic Substances Control Act (15 U.S.C. \n2646) is amended as follows:\n (1) Paragraph (2) of subsection (a) is amended by inserting \n before the comma the following: ``or for a public or commercial \n building''.\n (2) Clause (ii) of subsection (a)(1)(A) is amended by \n inserting before the period the following: ``or for public or \n commercial buildings''.\n\nSEC. 7. ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS.\n\n (a) Asbestos Inspection and Management Standards for Public and \nCommercial Buildings.--Not later than 1 year after the date of the \nenactment of this Act, the Administrator of the Environmental \nProtection Agency shall promulgate regulations governing the inspection \nand management of asbestos in public and commercial buildings for \npurposes of this Act only. The regulations shall include--\n (1) detailed guidelines for management planners to \n determine whether asbestos-containing material should be \n removed or managed in place in a public or commercial building;\n (2) appropriate practices for conducting operations and \n maintenance programs in public or commercial buildings in which \n asbestos-containing material is managed in place; and\n (3) standards, applicable to persons complying with section \n 8(1), for periodic surveillance of asbestos-containing material \n that is managed in place in commercial buildings, including \n standards for the training of maintenance and custodial staff \n working in such buildings that are equivalent to the standards \n for the training of maintenance and custodial staff of local \n educational agencies under title II of the Toxic Substances \n Control Act.\n (b) Revision of Environmental Protection Agency Asbestos Guidance \nDocuments.--The Administrator of the Environmental Protection Agency \nshall periodically update, revise, and republish the Environmental \nProtection Agency asbestos guidance documents.\n\nSEC. 8. OPERATION AND MAINTENANCE REQUIREMENTS.\n\n For purposes of section 3(a)(2)(D), the following requirements must \nbe met after an asbestos inspection of the building concerned is \nconducted:\n (1) The owner or operator shall ensure that the remaining \n asbestos-containing material is visually inspected, not less \n frequently than every 6 months, by a member of the maintenance \n or custodial staff, or another person, who has undergone \n training in accordance with the standards contained in the \n regulations promulgated pursuant to section 7(a)(4).\n (2) All remaining accessible asbestos-containing material \n in public and maintenance areas of the building, including \n asbestos in thermal system insulation and spray-on and \n trowelled-on asbestos-containing material but excluding intact \n vinyl floor tile and ceiling tile in public areas, shall be \n prominently labeled. The owner or operator shall ensure that \n access to any remaining asbestos-containing material located in \n inaccessible areas, such as in spaces between floors or walls \n of the building, is permitted only to persons who have been \n notified of the presence of the asbestos-containing material.\n (3) After the inspection referred to in section 3(a)(2)(A), \n a report on the inspection shall be kept on file in the \n building. Such report shall include an accounting of remaining \n asbestos-containing material, any such material recommended for \n removal, and any removal that has taken place since the \n previous inspection. Such report shall be available in the \n building, in the administrative offices or other appropriate \n place for inspection by tenants and employees in the building, \n maintenance workers of the building, and building contractors. \n The inspection report shall be updated after each subsequent \n inspection pursuant to paragraph (1) and after any change in \n condition of asbestos-containing material being managed in \n place.\n (4) After each inspection pursuant to paragraph (1), the \n owner of the building shall notify maintenance workers of the \n building, either in writing or by posting notice, that an \n inspection has occurred and that an inspection report is \n available for inspection.\n\nSEC. 9. RELATIONSHIP TO OTHER LAW.\n\n (a) Clean Air Act.--Nothing in this Act shall be construed or \ninterpreted to preempt, supersede, or otherwise affect any requirement \nto remove asbestos from a building pursuant to section 112 of the Clean \nAir Act (42 U.S.C. 7412), as implemented through regulations known as \nthe national emission standards for hazardous air pollutants (40 C.F.R. \n61).\n (b) Limited Requirements.--Nothing in this Act shall be construed \nor interpreted as a general requirement for inspections or operations \nand maintenance programs in public and commercial buildings. The \nrequirements of sections 6, 7, and 8 are established solely to enable \nlending institutions to satisfy the conditions of this Act for purposes \nof obtaining immunity from liability under section 3.\n\nSEC. 10. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) The term ``asbestos-containing material'' has the \n meaning given that term by section 202(4) of the Toxic \n Substances Control Act (15 U.S.C. 2642(4)).\n (2) The term ``commercial building'' means any building \n that is not a publicly owned building and that is not a school \n building as defined in section 202(13) of the Toxic Substances \n Control Act, except that such term does not include any \n residential building of fewer than 10 units that is not part of \n a complex of other residential buildings under common \n ownership.\n (3) The term ``EPA asbestos guidance documents'' means--\n (A) the most current version of the publication of \n the Environmental Protection Agency titled ``Guidance \n for Controlling Asbestos-Containing Materials in \n Buildings'' (also known as the ``Purple Book'');\n (B) the most current version of the publication of \n the Environmental Protection Agency titled ``Managing \n Asbestos in Place'' (also known as the ``Green Book''); \n and\n (C) any other publication of the Environmental \n Protection Agency, including any guidance documents \n published pursuant to section 7(a), published for the \n purpose of enabling building owners to select and apply \n appropriate asbestos control and abatement actions in \n their buildings.\n (4) The term ``lending institution'' means (A) a bank, \n savings and loan association, credit union, or similar \n institution insured by, or subject to the supervision, \n approval, or regulation of, the Board of Governors of the \n Federal Reserve System, the Federal Deposit Insurance \n Corporation, the Comptroller of the Currency, the Office of \n Thrift Supervision, or the National Credit Union \n Administration; (B) any other person, including an insurance \n company, that makes direct loans or other extensions of credit \n secured by mortgages or other liens on commercial buildings; \n (C) any Federal agency to the extent the agency makes direct \n loans or other extensions of credit secured by mortgages or \n other liens on commercial buildings; and (D) the Federal \n Deposit Insurance Corporation, the National Credit Union \n Administrator Board, and the Resolution Trust Corporation, in \n such corporation's or Board's capability as conservator, \n receiver, or liquidating agency for any insured depository \n institution (as that term is defined in section 3 of the \n Federal Deposit Insurance Act). The term does not include any \n institution or Federal agency engaged primarily in the purchase \n of mortgage loans.\n (5) The term ``mortgage'' means a lien as is commonly given \n to secure advances on, or the unpaid purchase price of, a \n commercial building (and related real estate) under the laws of \n the State in which the building is located, together with the \n credit instrument, if any, secured thereby. The term includes \n second mortgages and other subsequent liens on a commercial \n building given to secure advances or loans.\n (6) The term ``response action'' has the meaning given that \n term by section 202(11) of the Toxic Substances Control Act (15 \n U.S.C. 2642(11)).\n\n \n\nHR 1000 IH----2","summary":"Asbestos Management Incentive Act - Absolves lending institutions that make loans or credit secured by liens on commercial buildings from liability resulting from asbestos material in any case in which the building was constructed during the five-year period ending on the date that the loan was made and the building's construction manager certifies that the building contains no asbestos-containing material, or in the case of any building: (1) for which an asbestos inspection was conducted after January 1, 1989, and during such five-year period. (2) that has not been significantly rebuilt in the area that contains such material since that inspection was completed. (3) for which that portion of material recommended for removal has been removed. And (4) for which an operations and maintenance program is currently being conducted. Bars immunity from liability if the lending institution requires: (1) removal of material that the management planner has recommended be handled in place. Or (2) an asbestos inspection of the building despite the fact that the loan applicant demonstrates that certain conditions have been satisfied or that all such material has been removed. Makes immunity inapplicable to a subsidiary of a lending institution if the subsidiary is the person to whom the loan is made. Continues liability for institutions that acquire title to a building through foreclosure as long as the institution maintains an operation and maintenance program. Sets forth requirements for asbestos inspections and management planner qualifications. Amends the Toxic Substances Control Act to prohibit persons from preparing asbestos management plans for public or commercial buildings unless they are accredited. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate regulations governing the inspection and management of asbestos in public and commercial buildings. And (2) update and revise asbestos guidance documents periodically. Requires, after an asbestos inspection: (1) the remaining asbestos-containing material to be visually inspected every six months. (2) all remaining material in public and maintenance areas of the building to be prominently labeled. And (3) a report to be completed and made available to maintenance workers.","title":"Asbestos Management Incentive Act","text_len":18942,"sum_len":2285} {"bill_id":"108_s795","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Incentives for Fuel Efficient \nVehicles Act of 2003''.\n\nSEC. 2. MODIFICATIONS TO GAS GUZZLERS TAX TO ENCOURAGE GREATER AUTO \n FUEL EFFICIENCY.\n\n (a) Increase in Tax Rate.--Subsection (a) of section 4064 of the \nInternal Revenue Code of 1986 (relating to gas guzzlers tax) is amended \nto read as follows:\n ``(a) Imposition of Tax.--\n ``(1) In general.--There is hereby imposed on the sale by \n the manufacturer of each automobile a tax determined in \n accordance with the following table:\n\nIf the fuel economy for the model year of the\n \n model type in which the automobile falls is:\n The tax is:\n Less than 5 mpg below the applicable fuel economy $0 \n standard.\n At least 5 but less than 6 mpg below such standard. 1,000 \n At least 6 but less than 7 mpg below such standard. 1,500 \n At least 7 but less than 8 mpg below such standard. 2,000 \n At least 8 but less than 9 mpg below such standard. 2,500 \n At least 9 but less than 10 mpg below such standard 3,100 \n At least 10 but less than 11 mpg below such 3,800 \n standard.\n At least 11 but less than 12 mpg below such 4,600 \n standard.\n At least 12 but less than 13 mpg below such 5,500 \n standard.\n At least 13 but less than 14 mpg below such 6,500 \n standard.\n At least 14 mpg below such standard................ 7,700.\n ``(2) Inflation Adjustment.--\n ``(A) In general.--In the case of any taxable year \n beginning after 2005, each dollar amount referred to in \n paragraph (1) shall be increased by an amount equal \n to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section (1)(f)(3) for the \n calendar year in which the taxable year begins, \n by substituting `2004' for `1992'.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $100, such amount \n shall be rounded to the next lowest multiple of $50.''.\n (b) Expansion of Definition of Automobile.--\n (1) Increase in weight.--Section 4064(b)(1)(A)(ii) of the \n Internal Revenue Code of 1986 (defining automobile) is amended \n by striking ``6,000 pounds'' and inserting ``12,000 pounds''.\n (2) Exception for certain vehicles.--Subparagraph (B) of \n section 4064(b)(1) of such Code is amended to read as follows:\n ``(B) Exception for certain vehicles.--The term \n `automobile' does not include--\n ``(i) a vehicle which has a primary load \n carrying device or container attached,\n ``(ii) a vehicle which has a seating \n capacity of more than 12 persons,\n ``(iii) a vehicle which has a seating \n capacity of more than 9 persons behind the \n driver's seat, or\n ``(iv) a vehicle which is equipped with a \n cargo area of at least 6 feet in interior \n length which is an open area or is designed for \n use as an open area but is enclosed by a cap \n and is not readily accessible directly from the \n passenger compartment.''.\n (c) Additional Definitions.--Section 4064(b) of the Internal \nRevenue Code of 1986 (relating to definitions) is amended by adding at \nthe end the following new paragraphs:\n ``(8) Applicable fuel economy standard.--The term \n `applicable fuel economy standard' means, with respect to any \n model year, the average fuel economy standard as defined in \n section 32902 of title 49, United States Code, for passenger \n automobiles for such model year.\n ``(9) MPG.--The term `mpg' means miles per gallon.''.\n (d) Effective Date.--The amendments made by this section shall apply \nto sales after October 31, 2005.\n\nSEC. 3. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and by inserting \nafter section 35 the following new section:\n\n``SEC. 36. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this subtitle for the taxable year an amount \nequal to the new highly fuel-efficient automobile credit determined \nunder subsection (b).\n ``(b) New Highly Fuel-Efficient Automobile Credit.--For purposes of \nsubsection (a), the new highly fuel-efficient automobile credit with \nrespect to any new automobile placed in service by the taxpayer during \nthe taxable year is determined in accordance with the following tables:\n\nIf the fuel economy for the model year\n \n of the model type in which the\n \n passenger automobile falls is:\n The credit is:\n Less than 5 mpg above the applicable fuel economy $0 \n standard.\n At least 5 but less than 6 mpg above such standard. 770 \n At least 6 but less than 7 mpg above such standard. 1,540 \n At least 7 but less than 8 mpg above such standard. 2,310 \n At least 8 but less than 9 mpg above such standard. 3,080 \n At least 9 but less than 10 mpg above such standard 3,850 \n At least 10 but less than 11 mpg above such 4,620 \n standard.\n At least 11 but less than 12 mpg above such 5,390 \n standard.\n At least 12 but less than 13 mpg above such 6,160 \n standard.\n At least 13 but less than 14 mpg above such 6,930 \n standard.\n At least 14 mpg above such standard................ 7,700.\n\nIf the fuel economy for the model year\n \n of the model type in which the\n \n non-passenger automobile falls is:\n The credit is:\n Less than 5 mpg above the applicable fuel economy $0 \n standard.\n At least 5 but less than 6 mpg above such standard. 770 \n At least 6 but less than 7 mpg above such standard. 1,540 \n At least 7 but less than 8 mpg above such standard. 2,310 \n At least 8 but less than 9 mpg above such standard. 3,080 \n At least 9 but less than 10 mpg above such standard 3,850 \n At least 10 but less than 11 mpg above such 4,620 \n standard.\n At least 11 but less than 12 mpg above such 5,390 \n standard.\n At least 12 but less than 13 mpg above such 6,160 \n standard.\n At least 13 but less than 14 mpg above such 6,930 \n standard.\n At least 14 mpg above such standard................ 7,700.\n ``(c) New Automobile.--For purposes of this section, the term `new \nautomobile' means a passenger automobile or non-passenger automobile--\n ``(1) the original use of which commences with the \n taxpayer,\n ``(2) which is acquired for use or lease by the taxpayer \n and not for resale, and\n ``(3) which is made by a manufacturer.\n ``(d) Passenger Automobile; Non-Passenger Automobile.--For purposes \nof this section--\n ``(1) Passenger automobile.--The term `passenger \n automobile' has the meaning given the term `automobile' by \n section 4064(b)(1).\n ``(2) Non-passenger automobile.--\n ``(A) In general.--The term `non-passenger \n automobile' means any automobile (as defined in section \n 4064(b)(1)(A)), but only if such automobile is \n described in subparagraph (B).\n ``(B) Non-passenger automobiles described.--An \n automobile is described in this subparagraph if such \n automobile is--\n ``(i) a vehicle which has a primary load \n carrying device or container attached,\n ``(ii) a vehicle which has a seating \n capacity of more than 12 persons,\n ``(iii) a vehicle which has a seating \n capacity of more than 9 persons behind the \n driver's seat, or\n ``(iv) a vehicle which is equipped with a \n cargo area of at least 6 feet in interior \n length which does not extend beyond the frame \n of the vehicle and which is an open area or is \n designed for use as an open area but is \n enclosed by a cap and is not readily accessible \n directly from the passenger compartment.\n ``(e) Other Definitions.--Except as provided in subsection (d), for \npurposes of this section, any term used in this section and also in \nsection 4064 shall have the meaning given such term by section 4064.\n ``(f) Special Rules.--For purposes of this section--\n ``(1) Reduction in basis.--For purposes of this subtitle, \n the basis of any property for which a credit is allowable under \n subsection (a) shall be reduced by the amount of such credit so \n allowed.\n ``(2) No double benefit.--The amount of any deduction or \n other credit allowable under this chapter with respect to an \n automobile described under subsection (b), shall be reduced by \n the amount of credit allowed under subsection (a) for such \n automobile for the taxable year.\n ``(3) Property used by tax-exempt entities.--In the case of \n a credit amount which is allowable with respect to an \n automobile which is acquired by an entity exempt from tax under \n this chapter, the person which sells or leases such automobile \n to the entity shall be treated as the taxpayer with respect to \n the automobile for purposes of this section and the credit \n shall be allowed to such person, but only if the person clearly \n discloses to the entity at the time of any sale or lease the \n specific amount of any credit otherwise allowable to the entity \n under this section.\n ``(4) Recapture.--The Secretary shall, by regulations, \n provide for recapturing the benefit of any credit allowable \n under subsection (a) with respect to any property which ceases \n to be property eligible for such credit (including recapture in \n the case of a lease period of less than the economic life of an \n automobile).\n ``(5) Property used outside united states, etc., not \n qualified.--No credit shall be allowed under subsection (a) \n with respect to any property referred to in section 50(b) or \n with respect to the portion of the cost of any property taken \n into account under section 179.\n ``(6) Election to not take credit.--No credit shall be \n allowed under subsection (a) for any automobile if the taxpayer \n elects to not have this section apply to such automobile.\n ``(7) Interaction with air quality and motor vehicle safety \n standards.--Unless otherwise provided in this section, an \n automobile shall not be considered eligible for a credit under \n this section unless such automobile is in compliance with--\n ``(A) the applicable provisions of the Clean Air \n Act for the applicable make and model year of the \n automobile (or applicable air quality provisions of \n State law in the case of a State which has adopted such \n provision under a waiver under section 209(b) of the \n Clean Air Act), and\n ``(B) the motor vehicle safety provisions of \n sections 30101 through 30169 of title 49, United States \n Code.\n ``(g) Regulations.--\n ``(1) In general.--Except as provided in paragraph (2), the \n Secretary shall promulgate such regulations as necessary to \n carry out the provisions of this section.\n ``(2) Coordination in prescription of certain \n regulations.--The Secretary of the Treasury, in coordination \n with the Secretary of Transportation and the Administrator of \n the Environmental Protection Agency, shall prescribe such \n regulations as necessary to determine whether an automobile \n meets the requirements to be eligible for a credit under this \n section.''.\n (b) Conforming Amendments.--\n (1) Section 1016(a) of the Internal Revenue Code of 1986 is \n amended by striking ``and'' at the end of paragraph (27), by \n striking the period at the end of paragraph (28) and inserting \n ``, and'', and by adding at the end the following new \n paragraph:\n ``(29) to the extent provided in section 36(f)(1).''.\n (2) Section 6501(m) of such Code is amended by inserting \n ``36(f)(6),'' after ``30(d)(4),''.\n (3) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 36 of such Code''.\n (4) The table of sections for subpart C of part IV of \n chapter 1 of the Internal Revenue Code of 1986 is amended by \n striking the last item and inserting the following new items:\n\n ``Sec. 36. Highly fuel-efficient \n automobile credit.\n ``Sec. 37. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after October 31, 2005, in taxable \nyears ending after such date.","summary":"Tax Incentives for Fuel Efficient Vehicles Act of 2003 - Amends the Internal Revenue Code with respect to the (automotive) gas guzzler manufacturer excise tax to: (1) increase the weight of a covered automobile to12,000 pounds. (2) revise the excise tax table, including the addition of a model-year calculation criteria. (3) revise the exception to such coverage, including elimination of the exception based upon nonpassenger treatment under specified Department of Transportation rules. And (4) apply such provisions to sales after October 31, 2005. Establishes a highly fuel-efficient automobile credit for taxpayer purchases of a new passenger or nonpassenger automobile that exceeds specified fuel economy ratings. Applies such credit to vehicles placed in service after October 31, 2005.","title":"A bill to amend the Internal Revenue Code of 1986 to provide additional tax incentives for enhancing motor vehicle fuel efficiency, and for other purposes.","text_len":15037,"sum_len":794} {"bill_id":"107_hr3584","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Medicare+Choice \nImprovement and Stabilization Act of 2001''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Payment reforms for 2003.\nSec. 3. Change in Medicare+Choice reporting deadlines and annual, \n coordinated election period and delay in \n lock-in provisions.\nSec. 4. Avoiding duplicative State regulation.\nSec. 5. Demonstration projects for preferred provider organizations, \n point-of-service plans, MSA plans, and \n disease management programs.\nSec. 6. Suspension of limitation for program reentry for 2003 and 2004.\nSec. 7. Specialized Medicare+Choice plans for special needs \n beneficiaries.\n\nSEC. 2. PAYMENT REFORMS FOR 2003.\n\n (a) Payment Based on 100 Percent of Fee-for-Service Costs.--\n (1) In general.--Section 1853(c)(1) of the Social Security \n Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end \n the following:\n ``(D) Based on 100 percent of fee-for-service costs \n for 2003.--For 2003 only, the adjusted average per \n capita cost for that year, determined under section \n 1876(a)(4) for the Medicare+Choice payment area for \n services covered under parts A and B for individuals \n entitled to benefits under part A and enrolled under \n part B who are not enrolled in a Medicare+Choice plan \n under this part for the year, subject to the same \n adjustment as is provided to the annual per capita rate \n payment under paragraph (3)(B).''.\n (2) Conforming amendment.--Such section is further amended \n in the matter before subparagraph (A), by striking ``or (C)'' \n and inserting ``(C), or (D)''.\n (b) Revision of National Average Used in Calculation of Blend.--\nSection 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C. 1395w-\n23(c)(4)(B)(i)(II)) is amended by inserting ``who (with respect to \ndeterminations for 2003) are enrolled in a Medicare+Choice plan'' after \n``the average number of medicare beneficiaries''.\n (c) Elimination of Budget Neutrality.--Section 1853(c) of such Act \n(42 U.S.C. 1395w-23(c)) is amended--\n (1) in paragraph (1)(A), by inserting ``(for a year other \n than 2003)'' after ``multiplied''; and\n (2) in paragraph (5), by inserting ``(other than 2003)'' \n after ``for each year''.\n\nSEC. 3. CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES AND ANNUAL, \n COORDINATED ELECTION PERIOD AND DELAY IN LOCK-IN \n PROVISIONS.\n\n (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social \nSecurity Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``July \n1'' and inserting ``the third Monday in September''.\n (b) Delay in Annual, Coordinated Election Period.--Section \n1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by \nstriking ``(beginning with 2000), the month of November before such \nyear'' and inserting ``, the period beginning on November 15 and ending \non December 31 of the year before such year''.\n (c) 1-Year Delay in Lock-In.--Section 1851(e) of such Act (42 \nU.S.C. 1395w-21(e)) is amended--\n (1) in paragraph (2)(A)--\n (A) by striking ``and 2001,'' and inserting ``, \n 2001, and 2002''; and\n (B) in the heading, by striking ``2001'' and \n inserting ``2002'';\n (2) in paragraph (2)(B)--\n (A) in clause (i), by striking ``2002'' each place \n it appears and inserting ``2003''; and\n (B) in the heading that precedes clause (i), by \n striking ``2002'' and inserting ``2003'';\n (3) in paragraph (2)(C)(i), by striking ``2002'' each place \n it appears and inserting ``2003''; and\n (4) in paragraph (4)--\n (A) in the matter preceding subparagraph (A), by \n striking ``2002'' and inserting ``2003''; and\n (B) in the second sentence, by striking ``2002'' \n and inserting ``2003''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on January 1, 2002.\n\nSEC. 4. AVOIDING DUPLICATIVE STATE REGULATION.\n\n (a) In General.--Section 1856(b)(3) of the Social Security Act (42 \nU.S.C. 1395w-26(b)(3)) is amended to read as follows:\n ``(3) Relation to state laws.--The standards established \n under this subsection shall supersede any State law or \n regulation (other than State licensing laws or State laws \n relating to plan solvency) with respect to Medicare+Choice \n plans which are offered by Medicare+Choice organizations under \n this part.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act.\n\nSEC. 5. DEMONSTRATION PROJECTS FOR PREFERRED PROVIDER ORGANIZATIONS, \n POINT-OF-SERVICE PLANS, MSA PLANS, AND DISEASE MANAGEMENT \n PROGRAMS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nconduct a demonstration program (in this section referred to as the \n``demonstration program'') under which payment rules to Medicare+Choice \norganizations under section 1853 of the Social Security Act are \nmodified in order to promote the offering of Medicare+Choice plans by \npreferred provider organizations under the Medicare+Choice program, the \noffering of Medicare+Choice plans that provide point-of-service \ncoverage for other than participating providers, and the offering of \nMSA plans and to promote the use of disease management programs by \nMedicare+Choice plans.\n (b) Projects.--Under the demonstration program, the Secretary shall \nprovide for 10 demonstration projects. Each project shall extend over a \nperiod of not to exceed 3 years. Of the demonstration projects \nconducted under the demonstration, to the extent feasible, at least one \nsuch project shall promote the offering of a Medicare+Choice plan by a \npreferred provider organization, at least one project shall promote the \noffering of a Medicare+Choice plan that provides point-of-service \ncoverage for other than participating providers, and at least two \nprojects shall promote the offering of a MSA plan.\n (c) Risk-Sharing Arrangements.--Under the demonstration program, \nthe Secretary may provide for the assumption of portions of the \nfinancial risk under a split or partial risk-sharing arrangement.\n (d) Waiver Authority.--The Secretary is authorized to waive such \nprovisions of section 1853 of the Social Security Act (and related \nprovisions of part C of title XVIII of such Act) as the Secretary \ndetermines to be necessary to conduct the demonstration program under \nthis section.\n (e) Evaluation and Report.--\n (1) Evaluation.--The Secretary shall provide for an \n evaluation of the demonstration program conducted under this \n section and its impact on enrollment, particularly in areas not \n previously served by Medicare+Choice plans.\n (2) Report.--The Secretary shall submit to Congress a \n report on the demonstration program and its evaluation. Such \n report shall include an assessment of the costs and savings to \n the medicare program as a result of the demonstration program \n and may include such recommendations for changes in the \n Medicare+Choice program as the Secretary deems appropriate.\n\nSEC. 6. SUSPENSION OF LIMITATION FOR PROGRAM REENTRY FOR 2003 AND 2004.\n\n Section 1857(c)(4) of the Social Security Act (42 U.S.C. 1395w-\n27(c)(4)) is amended--\n (1) in subparagraph (A), by striking ``subparagraph (B)'' \n and inserting ``subparagraphs (B) and (C)''; and\n (2) by adding at the end the following new subparagraph:\n ``(C) Applicability in certain years.--Subparagraph \n (A) shall not apply for contracts entered into for \n contract year 2003 or 2004.''.\n\nSEC. 7. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS \n BENEFICIARIES.\n\n (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of \nthe Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by \nadding at the end the following new sentence: ``Specialized \nMedicare+Choice plans for special needs beneficiaries (as defined in \nsection 1859(b)(4)) may be any type of coordinated care plan.''.\n (b) Specialized Medicare+Choice Plan for Special Needs \nBeneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w-\n29(b)) is amended by adding at the end the following new paragraph:\n ``(4) Specialized medicare+choice plans for special needs \n beneficiaries.--\n ``(A) In general.--The term `specialized \n Medicare+Choice plan for special needs beneficiaries' \n means a Medicare+Choice plan that exclusively serves \n special needs beneficiaries (as defined in subparagraph \n (B)).\n ``(B) Special needs beneficiary.--The term `special \n needs beneficiary' means a Medicare+Choice eligible \n individual who--\n ``(i) is institutionalized (as defined by \n the Secretary);\n ``(ii) is entitled to medical assistance \n under a State plan under title XIX; or\n ``(iii) meets such requirements as the \n Secretary may determine would benefit from \n enrollment in such a specialized \n Medicare+Choice plan described in subparagraph \n (A) for individuals with severe or disabling \n chronic conditions.''.\n (c) Restriction on Enrollment Permitted.--Section 1859 of such Act \n(42 U.S.C. 1395w-29) is amended by adding at the end the following new \nsubsection:\n ``(f) Restriction on Enrollment for Specialized Medicare+Choice \nPlans for Special Needs Beneficiaries.--In the case of a specialized \nMedicare+Choice plan (as defined in subsection (b)(4)), notwithstanding \nany other provision of this part and in accordance with regulations of \nthe Secretary and for periods before January 1, 2007, the plan may \nrestrict the enrollment of individuals under the plan to individuals \nwho are within one or more classes of special needs beneficiaries.''.\n (d) Report to Congress.--Not later than December 31, 2005, the \nSecretary of Health and Human Services shall submit to Congress a \nreport that assesses the impact of specialized Medicare+Choice plans \nfor special needs beneficiaries on the cost and quality of services \nprovided to enrollees. Such report shall include an assessment of the \ncosts and savings to the medicare program as a result of amendments \nmade by subsections (a), (b), and (c).\n (e) Effective Dates.--\n (1) In general.--The amendments made by subsections (a), \n (b), and (c) shall take effect upon the date of the enactment \n of this Act.\n (2) Deadline for issuance of requirements for special needs \n beneficiaries; transition.--No later than September 1, 2002, \n the Secretary of Health and Human Services shall issue final \n regulations to establish requirements for special needs \n beneficiaries under section 1859(b)(4)(B)(iii) of the Social \n Security Act, as added by subsection (b).\n (f) Extension of Municipal Health Service Demonstration Projects.--\nThe last sentence of section 9215(a) of the Consolidated Omnibus Budget \nReconciliation Act of 1985 (42 U.S.C. 1395b-1 note), as previously \namended, is amended by striking ``December 31, 2004, but only with \nrespect to'' and all that follows and inserting ``December 31, 2009, \nbut only with respect to individuals who reside in the city in which \nthe project is operated and so long as the total number of individuals \nparticipating in the project does not exceed the number of such \nindividuals participating as of January 1, 1996.''.","summary":"MedicareChoice Improvement and Stabilization Act of 2001 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual MedicareChoice capitation rate for a MedicareChoice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2003, 100 percent of the fee-for-service costs for the MedicareChoice payment area for services covered under Medicare parts A or B for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a MedicareChoice plan under this part for the year. Revises the calculation of the national standardized annual MedicareChoice capitation rate used in determining the input-price-adjusted annual national MedicareChoice capitation rate for a MedicareChoice payment area for calculation of annual MedicareChoice capitation rates for 2003. Eliminates budget neutrality in such calculation for a year other than 2003. Modifies requirements for establishment of standards for provider-sponsored organizations for MedicareChoice organizations and plans in relation to State laws to avoid duplicative State regulation. Directs the Secretary of Health and Human Services to conduct a demonstration program under which payment rules for MedicareChoice organizations are modified in order to promote: (1) the offering of MedicareChoice plans by preferred provider organizations, of MedicareChoice plans that provide point-of-sale coverage for other than participating providers, and of MSA plans: and (2) the use of disease management programs by MedicareChoice plans. Amends SSA title XVII part C to: (1) suspend the limitation for program reentry for MedicareChoice organizations for 2003 and 2004. And (2) set forth rules governing specialized MedicareChoice plans for special needs beneficiaries. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for extension of municipal health service demonstration projects.","title":"To amend title XVIII of the Social Security Act to improve payments and regulation under the Medicare+Choice Program.","text_len":12468,"sum_len":1991} {"bill_id":"113_hr2501","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Accountability and \nOversight in Syria Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Section 502B of the Foreign Assistance Act of 1961 \n mandates that no security assistance may be provided to any \n country the government of which engages in a consistent pattern \n of gross violations of internationally recognized human rights.\n (2) Section 523 of the Foreign Assistance Act of 1961 \n states that none of the funds appropriated or otherwise made \n available pursuant to this Act shall be obligated to finance \n indirectly any assistance or reparations to Cuba, Iraq, Libya, \n Iran, Syria, North Korea, or Sudan, unless the President of the \n United States certifies that the withholding of these funds is \n contrary to the national interest of the United States.\n (3) Under the terms of Resolution 2043 of April 21, 2012, \n the United Nations Security Council established a United \n Nations Supervision Mission in Syria (UNSMIS), for an initial \n period of 90 days, under the command of a Chief Military \n Observer, comprising an initial deployment of up to 300 unarmed \n military observers as well as an appropriate civilian component \n to fulfill the following mandate: To monitor a cessation of \n armed violence in all its forms by all parties and to monitor \n and support the full implementation of the UNSMIS' six-point \n plan.\n (4) On June 15, 2012, UNSMIS suspended its activities owing \n to an intensification of armed violence across the country.\n (5) On July 20, 2012, the Security Council extended UNSMIS \n for a final period of 30 days. According to Resolution 2059, \n the Council would only consider further extensions to the \n mission ``in the event that the Secretary-General reports and \n the Security Council confirms the cessation of the use of heavy \n weapons and a reduction in the level of violence sufficient by \n all sides'' to allow UNSMIS to implement its mandate.\n (6) As the conditions set by the Security Council had not \n been met, UNSMIS mandate ended at midnight on August 19, 2012.\n (7) The al-Nusrah Front is designated by the Department of \n State as a Foreign Terrorist Organization.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the Government of Syria should immediately cease the \n use of heavy weapons in population centers;\n (2) all parties within Syria should bring about a cessation \n of armed violence in all its forms;\n (3) the Secretary of State should continue to list Syria as \n a state sponsor of terrorism;\n (4) in accordance with international law, the Government of \n Syria should immediately cease the use of chemical weapons; and\n (5) if the President considers initiating military action, \n including imposition of a ``no fly'' zone or other military \n operations on Syrian territory, airspace, or waters--\n (A) according to article I, section 8, of the \n United States Constitution, ``The Congress shall have \n Power To declare War, grant Letters of Marque and \n Reprisal, and make Rules concerning Captures on Land \n and Water.'';\n (B) according to the War Powers Resolution, ``The \n constitutional powers of the President as Commander-in-\n Chief to introduce United States Armed Forces into \n hostilities, or into situations where imminent \n involvement in hostilities is clearly indicated by the \n circumstances, are exercised only pursuant to (1) a \n declaration of war, (2) specific statutory \n authorization, or (3) a national emergency created by \n attack upon the United States, its territories or \n possessions, or its armed forces.''; and\n (C) the President should adhere to the War Powers \n Resolution and obtain specific statutory authorization \n for the use of the United States Armed Forces in \n response to the war in Syria.\n\nSEC. 4. AUTHORIZATION OF ASSISTANCE TO CONDUCT MILITARY OR PARAMILITARY \n OPERATIONS IN SYRIA.\n\n (a) Authorization.--Notwithstanding any other provision of law, no \nassistance of any kind may be provided by any United States Government \nagency for the purpose, or which would have the effect, of promoting, \naugmenting, directly or indirectly, the capacity of any nation, group, \norganization, movement, or individual to conduct military or \nparamilitary operations in Syria, unless and until Congress expressly \nauthorizes such assistance by law enacted after the date of enactment \nof this section.\n (b) Exception.--Subsection (a) does not apply to assistance that is \nsolely provided for humanitarian purposes.","summary":"Congressional Accountability and Oversight in Syria Act - Prohibits assistance for the purpose, or which would have the effect, of promoting the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Syria, unless and until Congress expressly authorizes such assistance by law.","title":"Congressional Accountability and Oversight in Syria Act","text_len":5211,"sum_len":341} {"bill_id":"115_hr5587","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Peer Support Communities of Recovery \nAct''.\n\nSEC. 2. BUILDING COMMUNITIES OF RECOVERY.\n\n Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is \namended--\n (1) in subsection (a)--\n (A) in the heading, by striking ``Definition'' and \n inserting ``Definitions'';\n (B) in the matter preceding paragraph (1), by \n striking ``In this section, the term `recovery \n community organization' means an independent nonprofit \n organization that--'' and inserting ``In this \n section:'';\n (C) by redesignating paragraphs (1) and (2) as \n subparagraphs (A) and (B), respectively, and moving \n such subparagraphs (as so redesignated) 2 ems to the \n right;\n (D) by inserting before subparagraph (A) (as so \n redesignated) the following:\n ``(1) Recovery community organization.--The term `recovery \n community organization' means an independent nonprofit \n organization that--''; and\n (E) by adding at the end the following:\n ``(2) Eligible entity.--The term `eligible entity' means--\n ``(A) a national nonprofit entity focused on \n substance use disorder with a network of local \n affiliates and partners that are geographically and \n organizationally diverse; or\n ``(B) a nonprofit organization--\n ``(i) focused on substance use disorder;\n ``(ii) established by individuals in \n personal or family recovery; and\n ``(iii) serving prevention, treatment, \n recovery, payor, faith-based, and criminal \n justice stakeholders in the implementation of \n local addiction and recovery initiatives.'';\n (2) in subsection (b)--\n (A) by striking ``The Secretary shall award grants \n to recovery community organizations'' and inserting \n ``The Secretary--\n ``(1) shall award grants to recovery community \n organizations'';\n (B) by striking ``services.'' and inserting \n ``services and allow such organizations to use such \n grant funds to carry out the activities described in \n subparagraphs (A) through (C) of subsection (c)(2); \n and''; and\n (C) by adding at the end the following:\n ``(2) may award grants to eligible entities for purposes of \n establishing regional technical assistance centers, in \n accordance with subsection (c)(2)(D).'';\n (3) by striking subsection (c);\n (4) by redesignating subsections (d) and (e) as subsections \n (c) and (d), respectively;\n (5) in subsection (c) (as so redesignated)--\n (A) in paragraph (1), by striking ``shall be used'' \n and inserting ``to a recovery community organization \n shall be used'';\n (B) in paragraph (2)--\n (i) in subparagraph (A), in the matter \n preceding clause (i), by inserting before \n ``build'' the following: ``in the case of a \n grant awarded to a recovery community \n organization,'';\n (ii) in subparagraph (B)--\n (I) by inserting before ``reduce'' \n the following: ``in the case of a grant \n awarded to a recovery community \n organization,''; and\n (II) by striking ``and'' at the \n end;\n (iii) in subparagraph (C)--\n (I) by inserting before ``conduct'' \n the following: ``in the case of a grant \n awarded to a recovery community \n organization,''; and\n (II) by striking the period at the \n end and inserting ``; and''; and\n (iv) by adding at the end the following:\n ``(D) in the case of a grant awarded to an eligible \n entity, provide for the establishment of regional \n technical assistance centers to provide regional \n technical assistance for the following:\n ``(i) Implementation of regionally driven, \n peer-delivered addiction recovery support \n services before, during, after, or in \n conjunction with addiction treatment.\n ``(ii) Establishment of recovery community \n organizations.\n ``(iii) Establishment of recovery community \n centers.''; and\n (6) in subsection (d) (as so redesignated), by inserting \n before the period the following: ``, and\n\n\n \n\n $15,000,000 for each of fiscal years 2019 through 2023''.\n\n Passed the House of Representatives June 12, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Peer Support Communities of Recovery Act This bill amends the Public Health Service Act to allow the Substance Abuse and Mental Health Services Administration to award grants to nonprofits that focus on substance use disorder to establish regional technical assistance centers to provide assistance regarding implementation of peer-delivered addiction recovery support services, establishment of recovery community organizations and centers, and overdose reversal medication.","title":"Peer Support Communities of Recovery Act","text_len":5792,"sum_len":475} {"bill_id":"113_hr5793","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cyber Supply Chain Management and \nTransparency Act of 2014''.\n\nSEC. 2. SOFTWARE, FIRMWARE, OR PRODUCT WITH KNOWN SECURITY \n VULNERABILITIES OR DEFECTS.\n\n (a) OMB Guidelines Required.--\n (1) Clauses required in software, firmware, or product \n contracts for software, firmware, or product created with a \n binary component.--Not later than 180 days after the date of \n the enactment of this Act, the Director of the Office of \n Management and Budget, in consultation with the Secretary of \n Defense, the Secretary of Homeland Security, and any other \n intelligence or national security agency the Director \n determines to be necessary, shall issue guidelines for each \n agency that require including the following clauses in any \n contract for the acquisition of software, firmware, or product \n that contains a binary component:\n (A) Component list.--A clause that requires the \n inclusion of a comprehensive and confidentially \n supplied list, or a bill of materials, of each binary \n component of the software, firmware, or product that is \n used in the software, firmware, or product.\n (B) Verification required.--A clause that requires \n the contractor providing the software, firmware, or \n product--\n (i) to verify that the software, firmware, \n or product does not contain any known security \n vulnerabilities or defects that are listed in \n the National Institute of Standards and \n Technology National Vulnerability Database and \n any additional database selected by the \n Director of the Office of Management and Budget \n (that is credible and similar to the National \n Vulnerability Database) that tracks security \n vulnerabilities and defects in a binary \n component, and that is necessary to capture a \n wider list of binary components (with known \n security vulnerabilities or defects and for \n which a less vulnerable alternative is \n available); and\n (ii) to notify the purchasing agency of any \n known security vulnerabilities or defects \n discovered through the verification required \n under clause (i).\n (C) Waiver.--A clause that requires--\n (i) a contractor to submit a written \n application, and obtain a waiver, for each \n binary component that is known to be vulnerable \n from the head of the purchasing agency; and\n (ii) if the head of the purchasing agency \n approves the waiver, such head shall provide \n the contractor with a written statement that \n the agency accepts all of the risk associated \n with the use of such binary component.\n (D) Updates.--A clause that requires such software, \n firmware, or product to be written or designed in a \n manner that allows for any future security \n vulnerability or defect in any part of the software, \n firmware, or product to be easily patched, updated, or \n replaced to fix the vulnerability or defect in the \n software, firmware, or product.\n (E) Timely repair.--A clause that requires the \n contractor to provide a repair in a timely manner with \n regard to any new security vulnerability discovered \n through any of the databases described in subparagraph \n (B).\n (2) Disclosure of security vulnerability or defect.--Not \n later than 180 days after the date of the enactment of this \n Act, the Director of the Office of Management and Budget shall \n issue guidelines for each agency with respect to any software, \n firmware, or product in use by the United States Government \n that contains a binary component that requires each agency to \n have a process--\n (A) to replace any currently known vulnerable \n binary component; and\n (B) to remove and repair any new vulnerable binary \n component after such component becomes known pursuant \n to paragraph (1)(B).\n (3) Agency guidelines.--\n (A) Software, firmware, or product that can not be \n fixed or patched.--Not later than 220 days after the \n date of the enactment of this Act, the Director of the \n Office of Management and Budget shall issue guidelines \n for each agency with respect to any software, firmware, \n or product that contains a known vulnerable binary \n component--\n (i) that can not be fixed, patched, or \n updated; and\n (ii) that requires such component, to \n migrate to patchable, repairable, and fixable \n products.\n (B) Inventory of existing software, firmware, or \n product with a known vulnerable binary component.--Not \n later than 20 months after the date of the enactment of \n this Act, the Director of the Office of Budget of \n Management shall instruct each agency to provide the \n relevant office in the Department of Homeland Security \n with a list of each known vulnerable binary in any \n software, firmware or product in use by each agency.\n (C) Analysis of project integrity and annual \n report.--Not later than twelve months after all lists \n described in subparagraph (B) are provided to the \n Department of Homeland Security, the Secretary of \n Homeland Security shall issue an annual confidential \n report describing the security vulnerabilities of the \n projects that created any known vulnerable binary \n component in any list described in subparagraph (B) and \n through the verification required under paragraph \n (1)(B). The report shall assess the integrity of binary \n component suppliers for the incidence of security \n vulnerabilities, the severity, the mean time to \n remediate such vulnerabilities that can be applied to \n assess the security of binary projects and suppliers, \n for use by other agencies.\n (b) Report on Removal of Binary Component With Known Security \nVulnerability or Defect.--Not later than 30 months after the date of \nthe enactment of this Act, the head of each agency shall submit to each \nrelevant Committee of jurisdiction in the House of Representatives and \nthe Senate a report on the completion of the removal of each binary \ncomponent with known security vulnerabilities or defects in the agency \nand shall include a classified version of this report for the Permanent \nSelect Committee on Intelligence and the Committees on Armed Services, \nForeign Affairs, and Homeland Security of the House of Representatives \nand the Select Committee on Intelligence and the Committees on Armed \nServices, Foreign Affairs, and Homeland Security and Governmental \nAffairs of the Senate. The report shall also detail the policies, \nprocedures, and processes by which a newly discovered vulnerable binary \ncomponent is replaced in software, firmware, and products in use by the \nUnited States Government.\n (c) Other Entities of the United States Government.--Any other \nentity of the United States Government--\n (1) shall replace any vulnerable binary component with \n another less vulnerable alternative in any software, firmware, \n or product in use by the entity; and\n (2) shall begin such replacement process with critical \n systems.\n (d) Definitions.--In this section:\n (1) Agency.--The term ``agency'' has the meaning given that \n term in section 551(1) of title 5, United States Code.\n (2) Binary component.--The term ``binary component'' means \n a third party or open source component.","summary":"Cyber Supply Chain Management and Transparency Act of 2014 - Requires the Office of Management and Budget (OMB) to issue guidelines for agencies that contract to acquire software, firmware, or products containing a third party or open source binary component. Requires binary component contracts to include clauses requiring: a confidentially supplied list, or a bill of materials, of each binary component that is used in the software, firmware, or product. The contractor to verify that products do not contain known security vulnerabilities and to notify the purchasing agency of any known vulnerabilities or defects. The contractor to obtain a waiver from the purchasing agency for components known to be vulnerable. An agency approving a vulnerability waiver to accept all risk associated with component use, product designs to allow fixes with patches, updates, or replacements. And the contractor to provide timely repairs for discovered vulnerabilities. Directs the OMB to issue guidance requiring agencies: (1) to replace components with currently known vulnerabilities and to remove or repair any new vulnerable components that become known. And (2) to migrate to patchable, repairable, and fixable products. Requires agencies to provide the Department of Homeland Security (DHS) with a list of each known vulnerable component in any product in use by the agencies. Directs DHS to issue an annual confidential report describing the security vulnerabilities of projects that created any known vulnerable component. Requires the report to assess the integrity of component suppliers for the incidence of security vulnerabilities for use by other agencies. Requires agencies, within 30 months after enactment of this Act, to report to Congress regarding the completion of the removal of each known vulnerable or defective component. Directs other entities of the US government to replace vulnerable components with less vulnerable alternatives.","title":"Cyber Supply Chain Management and Transparency Act of 2014","text_len":8954,"sum_len":1951} {"bill_id":"103_s1684","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Protection \nEncouragement Act of 1993''.\n\nSEC. 2. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL PROPERTY.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding after section 179A \nthe following new section:\n\n``SEC. 179. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL IMPROVEMENT \n PROPERTY.\n\n ``(a) Treatment as Expenses.--A taxpayer may elect to treat the \ncost of any environmental improvement property as an expense which is \nnot chargeable to capital account. Any cost so treated shall be allowed \nas a deduction for the taxable year in which the environmental \nimprovement property is placed in service.\n ``(b) Environmental Improvement Property.--For purposes of this \nsubsection--\n ``(1) In general.--The term `environmental improvement \n property' means tangible property which is acquired by purchase \n for use in the active conduct of a trade or business and which \n is--\n ``(A) of a character subject to the allowance for \n depreciation provided in section 167,\n ``(B) used for one or more of the following \n purposes--\n ``(i) source reduction,\n ``(ii) solid waste minimization,\n ``(iii) waste conversion or recycling,\n ``(iv) reduction of environmental hazards,\n ``(v) compliance with environmental \n permits, rules, and similar requirements,\n ``(vi) prevention, containment, or control \n of unplanned releases, or\n ``(vii) the manufacture, distribution, and \n sale of alternate fuels and blending stocks or \n fuel additives for reformulated fuels, and\n ``(C) located and used exclusively in the United \n States during the taxable year.\n If only a portion of property described in subparagraphs (A) \n and (C) is described in subparagraph (B), such portion shall be \n treated as environmental improvement property. For purposes of \n this paragraph, the term `United States' has the meaning given \n such term by paragraph (1) of section 638 (relating to \n continental shelf areas).\n ``(2) Other definitions.--For purposes of this subsection--\n ``(A) Source reduction.--The term `source \n reduction' means reduction of the amount of regulated \n substances or other pollutants from fixed or mobile \n sources released into the environment if such reduction \n reduces hazards to public health or environment.\n ``(B) Solid waste minimization.--The term `solid \n waste minimization' means the reduction in the \n generation of, or the recovery of commercially usable \n products from, residual materials which are classified \n as, or which if disposed would be classified as, solid \n wastes (within the meaning of the Resource Conservation \n and Recovery Act).\n ``(C) Waste conversion or recycling.--The term \n `waste conversion or recycling' means the processing or \n conversion of liquid, solid, or gaseous wastes into \n fuel, energy, or other commercially usable products, \n and the production of such products if production \n occurs at the same facility as the conversion.\n ``(D) Abatement of environmental hazards.--The term \n `abatement of environmental hazards' includes the \n abatement, reduction, monitoring, or stabilization of \n potential human exposure to toxic chemicals, hazardous \n or extremely hazardous substances, or harmful \n radiation.\n ``(E) Unplanned releases.--The term `unplanned \n releases' means any release of regulated substances \n (except federally permitted releases), including indoor \n releases.\n ``(F) Regulated substance.--The term `regulated \n substance' includes any substance the release or \n emission of which is prohibited, limited, or regulated \n by Federal or State law or by Federal regulations (as \n determined without regard to whether a particular \n release would have been prohibited or limited).\n ``(G) Release.--The term `release' means any \n spilling, leaking, pouring, discharging, escaping, \n dumping, or disposing into the environment, including \n the abandonment or discarding of barrels or other \n closed receptacles.\n ``(c) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Purchase.--The term `purchase' has the meaning given \n such term by section 179(d)(2).\n ``(2) Cost.--The cost of property shall not include so much \n of the basis of the property as is determined by reference to \n the basis of other property held at any time by the person \n acquiring the property.\n ``(3) Coordination with other provisions.--This section \n shall not apply with respect to any property with respect to \n which an election under section 169 or 179 applies.''\n (b) Conforming Amendment.--The table of sections for part VI of \nsubchapter B of chapter 1 of such Code is amended by adding after the \nitem relating to section 179A the following new item:\n\n ``Sec. 179B. Election to expense certain \n environmental improvement \n property.''.\n (c) Effective Date.--The amendments made by this section applies to \nproperty placed in service in taxable years beginning after December \n31, 1993.","summary":"Environmental Protection Encouragement Act of 1993 - Amends the Internal Revenue Code to allow the expensing of the cost of environmental improvement property.","title":"Environmental Protection Encouragement Act of 1993","text_len":6273,"sum_len":159} {"bill_id":"114_hr4389","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ensuring the Taxpayer a Fair Return \nfor Federal Onshore Oil and Gas Resources Act of 2015''.\n\nSEC. 2. ADJUSTMENT OF MINIMUM BIDS AND ANNUAL RENTALS FOR OIL AND GAS \n AND TAR SANDS LEASES TO REFLECT INFLATION.\n\n (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. \n226) is amended--\n (1) in subsection (b)(1)(B), by striking ``$2 per acre'' \n and inserting ``$4 per acre'';\n (2) in subsection (b)(2)(C), by striking ``$2 per acre'' \n and inserting ``$5 per acre'';\n (3) in subsection (d)--\n (A) by striking ``$1.50 per acre'' and inserting \n ``$3 per acre''; and\n (B) by striking ``$2 per acre'' and inserting ``$4 \n per acre''; and\n (4) by adding at the end the following:\n ``(q) Inflation Adjustment.--\n ``(1) In general.--The Secretary shall--\n ``(A) by regulation, at least once every 4 years, \n adjust each of the dollar amounts that applies under \n subsections (b)(1)(B), (b)(2)(C), and (d) by the cost-\n of-living adjustment; and\n ``(B) publish each such regulation in the Federal \n Register.\n ``(2) Definitions.--In this subsection:\n ``(A) Cost-of-living adjustment.--The term `cost-\n of-living adjustment' means the percentage (if any) for \n a dollar amount by which--\n ``(i) the Consumer Price Index for the \n month of June of the calendar year preceding \n the adjustment, exceeds\n ``(ii) the Consumer Price Index for the \n month of June of the calendar year in which the \n dollar amount was last set or adjusted pursuant \n to law.\n ``(B) Consumer price index.--The term `Consumer \n Price Index' means the Consumer Price Index for all \n urban consumers published by the Department of \n Labor.''.\n (b) Conforming Amendment.--Section 17(b)(1)(B) of the Mineral \nLeasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first \nsentence by striking ``for a period'' and all that follows through \n``Thereafter, the'' and inserting ``. The''.\n\nSEC. 3. AMENDMENT OF ROYALTY RATES.\n\n (a) Royalty Rates.--Section 17 of the Mineral Leasing Act (30 \nU.S.C. 226) is amended--\n (1) by striking ``12.5'' each place such term appears and \n inserting ``18.75''; and\n (2) by striking ``12\\1\/2\\'' each place such term appears \n and inserting ``18.75''.\n (b) Application.--The amendments made by subsection (a) shall apply \nonly to new leases issued on or after the date of enactment of this \nAct.\n\nSEC. 4. ON-SHORE FEDERAL OIL AND GAS ROYALTY SHARING.\n\n (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. \n191) is amended--\n (1) by striking ``Sec. 35. (a)'' and all that follows \n through ``50 per centum thereof'' and inserting the following:\n\n``SEC. 35. ON-SHORE OIL AND GAS ROYALTY SHARING.\n\n ``(a) Royalty Sharing.--\n ``(1) In general.--Of the amounts received by the United \n States from sales, bonuses, and royalties, including interest \n charges collected under the Federal Oil and Gas Royalty \n Management Act of 1982, and from rentals of the public lands in \n Alaska under the provisions of this Act and the Geothermal \n Steam Act of 1970--\n ``(A) 33.33 percent shall be used as described in \n paragraph (2); and\n ``(B) the remainder shall be used as described in \n paragraph (3).\n ``(2) Distribution of 33.33 percent.--\n ``(A) In general.--Of the amount referred to in \n paragraph (1)(A)--\n ``(i) 30 percent, but not to exceed \n $50,000,000 per fiscal year, shall be \n transferred by the Secretary of the Treasury to \n the Bureau of Land Management for use for oil \n and gas inspection and enforcement;\n ``(ii) 15 percent, but not to exceed \n $25,000,000 per fiscal year, shall be available \n to the Secretary of the Interior to remediate, \n reclaim, and properly plug and abandon orphan \n oil and gas wells on Federal lands;\n ``(iii) 45 percent shall be paid by the \n Secretary of the Treasury to the State within \n the boundaries of which the leased land is \n located or the deposits were derived, for use \n by such State in accordance with paragraph (3); \n and\n ``(iv) the remainder shall be deposited \n into the Treasury as miscellaneous receipts.\n ``(B) Administration.--Amounts to be paid or \n available under clauses (i), (ii), and (iii) of \n subparagraph (A) shall--\n ``(i) be available without further \n appropriation; and\n ``(ii) remain available until expended.\n ``(3) Distribution of remainder.--Of the amount referred to \n in paragraph (1)(B), and subject to subsection (b), 50 per \n centum thereof''; and\n (2) in subsection (a), by striking ``All moneys received'' \n and inserting the following:\n ``(4) General provisions.--All moneys received''.\n (b) Conforming Amendment.--Section 35(c)(1) of the Mineral Leasing \nAct (30 U.S.C. 191(c)(1)) is amended by striking ``the first sentence \nof''.\n (c) Limitations on Application.--The amendments made by subsection \n(a)--\n (1) shall apply only to amounts received by the United \n States under new leases issued on or after the date of \n enactment of this Act; and\n (2) shall not affect the application of section 35(a) of \n the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received \n by the United States before the first fiscal year beginning \n after the date of the enactment of this Act.","summary":"Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015 This bill amends the Mineral Leasing Act to increase the minimum acceptable bids and rentals for leases of oil, natural gas, and tar sand on federal land. Minimum acceptable bids and rentals shall receive inflation adjustments once every four years. One-third of any amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the Mineral Leasing Act and the Geothermal Steam Act of 1970, shall be made available in specified percentages: for use for oil and gas inspection and enforcement. To remediate, reclaim, and properly plug and abandon orphan oil and gas wells on federal lands. And to the state within whose boundaries the leased land is located, or the deposits were derived, for state use in accordance with specified requirements.","title":"Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015","text_len":6602,"sum_len":998} {"bill_id":"106_s1850","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Telephone Call Privacy Act of \n1999''.\n\nSEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF \n CUSTOMER PROPRIETARY NETWORK INFORMATION.\n\n (a) Modification of Requirements.--\n (1) In general.--Paragraph (1) of section 222(c) of the \n Communications Act of 1934 (47 U.S.C. 222(c)) is amended to \n read as follows:\n ``(1) Privacy requirements for telecommunications \n carriers.--\n ``(A) In general.--Except as provided in \n subparagraph (B) or as required by law, a \n telecommunications carrier that receives or obtains \n customer proprietary network information by virtue of \n its provision of a telecommunications service may use, \n disclose, or permit access to customer proprietary \n network information that identifies a customer as \n follows:\n ``(i) In the provision of--\n ``(I) the telecommunications \n service from which such information is \n derived; and\n ``(II) services necessary to, or \n used in, the provision of such \n telecommunications service, including \n the publishing of directories.\n ``(ii) In the case of the use of such \n information by the telecommunications carrier \n for the provision of another of its products or \n services to the customer, only if the \n telecommunications carrier--\n ``(I) provides the customer a clear \n and conspicuous notice meeting the \n requirements set forth in subparagraph \n (C);\n ``(II) permits the customer to \n review such information for accuracy, \n and to correct and supplement such \n information; and\n ``(III) does not receive from the \n customer within 15 days after the date \n of the notice under subclause (I) \n notice disapproving the use of such \n information for the provision of such \n product or service to the customer as \n specified in the notice under such \n subclause.\n ``(iii) In the case of the use, disclosure, \n or access of or to such information by another \n party, only if the telecommunications carrier \n that originally receives or obtains such \n information--\n ``(I) meets the requirements set \n forth in subclauses (I) and (II) of \n clause (ii) with respect to such \n information; and\n ``(II) receives from the customer \n written notice approving the use, \n disclosure, or access of or to such \n information for the provision of the \n product or service to the customer as \n specified in the notice under subclause \n (I) of this clause.\n ``(B) Customer disapproval.--Notwithstanding the \n previous approval of the use, disclosure, or access of \n or to information for a purpose under clause (ii) or \n (iii) of subparagraph (A), upon receipt from a customer \n of written notice of the customer's disapproval of the \n use, disclosure, or access of or to information for \n such purpose, a telecommunications carrier shall \n terminate the use, disclosure, or access of or to such \n information for such purpose.\n ``(C) Notice elements.--Each notice under clause \n (ii) or (iii) of subparagraph (A) shall include the \n following:\n ``(i) The types information that may be \n used, disclosed, or accessed.\n ``(ii) The specific types of businesses or \n individuals that may use or access the \n information or to which the information may be \n disclosed.\n ``(iii) The specific product or service for \n which the information may be used, disclosed, \n or accessed.''.\n (2) Conforming amendments.--Paragraph (3) of such section \n is amended by striking ``paragraph (1)'' both places it appears \n and inserting ``paragraph (1)(A)(i)''.\n (b) Judicial and Law Enforcement Purposes.--Such section is further \namended by adding at the end the following:\n ``(4) Judicial and law enforcement purposes.--\n ``(A) In general.--A person that receives or \n obtains consumer proprietary network information may \n disclose such information--\n ``(i) pursuant to the standards and \n procedures established in the Federal Rules of \n Civil Procedure or comparable rules of other \n courts or administrative agencies, in \n connection with litigation or proceedings to \n which an individual who is the subject of the \n information is a party and in which the \n individual has placed the use, disclosure, or \n access to such information at issue;\n ``(ii) to a court, and to others ordered by \n the court, if in response to a court order \n issued in accordance with subparagraph (B); or\n ``(iii) to an investigative or law \n enforcement officer pursuant to a warrant \n issued under the Federal Rules of Criminal \n Procedure, an equivalent State warrant, or a \n grand jury subpoena, or a court order issued in \n accordance with subparagraph (B).\n ``(B) Requirements for court orders.--\n ``(i) In general.--Except as provided in \n clause (ii), a court order for the disclosure \n of customer proprietary network information \n under subparagraph (A) may be issued by a court \n of competent jurisdiction only upon written \n application, upon oath or equivalent \n affirmation, by an investigative or law \n enforcement officer demonstrating that there is \n probable cause to believe that--\n ``(I) the information sought is \n relevant and material to an ongoing \n criminal investigation; and\n ``(II) the law enforcement need for \n the information outweighs the privacy \n interest of the individual to whom the \n information pertains.\n ``(ii) Certain orders.--A court order may \n not be issued under this paragraph upon \n application of an officer of a State or local \n government if prohibited by the law of the \n State concerned.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect 180 days after the date of the enactment of this Act.","summary":"Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation. And (2) the law enforcement need for such information outweighs the privacy interest of the individual involved.","title":"Telephone Call Privacy Act of 1999","text_len":8608,"sum_len":573} {"bill_id":"105_s2433","text":"SECTION 1. FINANCIAL INFORMATION PRIVACY.\n\n (a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601 \net seq.) is amended by adding at the end the following:\n\n ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION\n\n``Sec.\n``1001. Short title.\n``1002. Definitions.\n``1003. Privacy protection for customer information of financial \n institutions.\n``1004. Administrative enforcement.\n``1005. Civil liability.\n``1006. Criminal penalty.\n``1007. Relation to State laws.\n``1008. Agency guidance.\n``Sec. 1001. Short title\n ``This title may be cited as the `Financial Information Privacy \nAct'.\n``Sec. 1002. Definitions\n ``For purposes of this title, the following definitions shall \napply:\n ``(1) Customer.--The term `customer' means, with respect to \n a financial institution, any person (or authorized \n representative of a person) to whom the financial institution \n provides a product or service, including that of acting as a \n fiduciary.\n ``(2) Customer information of a financial institution.--The \n term `customer information of a financial institution' means \n any information maintained by a financial institution which is \n derived from the relationship between the financial institution \n and a customer of the financial institution and is identified \n with the customer.\n ``(3) Document.--The term `document' means any information \n in any form.\n ``(4) Financial institution.--\n ``(A) In general.--The term `financial institution' \n means any institution engaged in the business of \n providing financial services to customers who maintain \n a credit, deposit, trust, or other financial account or \n relationship with the institution.\n ``(B) Certain financial institutions specifically \n included.--The term `financial institution' includes \n any depository institution (as defined in section \n 19(b)(1)(A) of the Federal Reserve Act), any loan or \n finance company, any credit card issuer or operator of \n a credit card system, and any consumer reporting agency \n that compiles and maintains files on consumers on a \n nationwide basis (as defined in section 603(p)).\n ``(C) Further definition by regulation.--The Board \n of Governors of the Federal Reserve System may \n prescribe regulations further defining the term \n `financial institution', in accordance with \n subparagraph (A), for purposes of this title.\n``Sec. 1003. Privacy protection for customer information of financial \n institutions\n ``(a) Prohibition on Obtaining Customer Information by False \nPretenses.--It shall be a violation of this title for any person to \nobtain or attempt to obtain, or cause to be disclosed or attempt to \ncause to be disclosed to any person, customer information of a \nfinancial institution relating to another person--\n ``(1) by knowingly making a false, fictitious, or \n fraudulent statement or representation to an officer, employee, \n or agent of a financial institution with the intent to deceive \n the officer, employee, or agent into relying on that statement \n or representation for purposes of releasing the customer \n information;\n ``(2) by knowingly making a false, fictitious, or \n fraudulent statement or representation to a customer of a \n financial institution with the intent to deceive the customer \n into relying on that statement or representation for purposes \n of releasing the customer information or authorizing the \n release of such information; or\n ``(3) by knowingly providing any document to an officer, \n employee, or agent of a financial institution, knowing that the \n document is forged, counterfeit, lost, or stolen, was \n fraudulently obtained, or contains a false, fictitious, or \n fraudulent statement or representation, if the document is \n provided with the intent to deceive the officer, employee, or \n agent into relying on that document for purposes of releasing \n the customer information.\n ``(b) Prohibition on Solicitation of a Person To Obtain Customer \nInformation From Financial Institution Under False Pretenses.--It shall \nbe a violation of this title to request a person to obtain customer \ninformation of a financial institution, knowing or consciously avoiding \nknowing that the person will obtain, or attempt to obtain, the \ninformation from the institution in any manner described in subsection \n(a).\n ``(c) Nonapplicability to Law Enforcement Agencies.--No provision \nof this section shall be construed so as to prevent any action by a law \nenforcement agency, or any officer, employee, or agent of such agency, \nto obtain customer information of a financial institution in connection \nwith the performance of the official duties of the agency.\n ``(d) Nonapplicability to Financial Institutions in Certain \nCases.--No provision of this section shall be construed so as to \nprevent any financial institution, or any officer, employee, or agent \nof a financial institution, from obtaining customer information of such \nfinancial institution in the course of--\n ``(1) testing the security procedures or systems of such \n institution for maintaining the confidentiality of customer \n information;\n ``(2) investigating allegations of misconduct or negligence \n on the part of any officer, employee, or agent of the financial \n institution; or\n ``(3) recovering customer information of the financial \n institution which was obtained or received by another person in \n any manner described in subsection (a) or (b).\n ``(e) Nonapplicability to Certain Types of Customer Information of \nFinancial Institutions.--No provision of this section shall be \nconstrued so as to prevent any person from obtaining customer \ninformation of a financial institution that otherwise is available as a \npublic record filed pursuant to the securities laws (as defined in \nsection 3(a)(47) of the Securities Exchange Act of 1934).\n``Sec. 1004. Administrative enforcement\n ``(a) Enforcement by Federal Trade Commission.--Except as provided \nin subsection (b), compliance with this title shall be enforced by the \nFederal Trade Commission in the same manner and with the same power and \nauthority as the Commission has under title VIII, the Fair Debt \nCollection Practices Act, to enforce compliance with such title.\n ``(b) Enforcement by Other Agencies in Certain Cases.--\n ``(1) In general.--Compliance with this title shall be \n enforced under--\n ``(A) section 8 of the Federal Deposit Insurance \n Act, in the case of--\n ``(i) national banks, and Federal branches \n and Federal agencies of foreign banks, by the \n Office of the Comptroller of the Currency;\n ``(ii) member banks of the Federal Reserve \n System (other than national banks), branches \n and agencies of foreign banks (other than \n Federal branches, Federal agencies, and insured \n State branches of foreign banks), commercial \n lending companies owned or controlled by \n foreign banks, and organizations operating \n under section 25 or 25A of the Federal Reserve \n Act, by the Board;\n ``(iii) banks insured by the Federal \n Deposit Insurance Corporation (other than \n members of the Federal Reserve System and \n national nonmember banks) and insured State \n branches of foreign banks, by the Board of \n Directors of the Federal Deposit Insurance \n Corporation; and\n ``(iv) savings associations the deposits of \n which are insured by the Federal Deposit \n Insurance Corporation, by the Director of the \n Office of Thrift Supervision; and\n ``(B) the Federal Credit Union Act, by the \n Administrator of the National Credit Union \n Administration with respect to any Federal credit \n union.\n ``(2) Violations of this title treated as violations of \n other laws.--For the purpose of the exercise by any agency \n referred to in paragraph (1) of its powers under any Act \n referred to in that paragraph, a violation of this title shall \n be deemed to be a violation of a requirement imposed under that \n Act. In addition to its powers under any provision of law \n specifically referred to in paragraph (1), each of the agencies \n referred to in that paragraph may exercise, for the purpose of \n enforcing compliance with this title, any other authority \n conferred on such agency by law.\n ``(c) State Action for Violations.--\n ``(1) Authority of states.--In addition to such other \n remedies as are provided under State law, if the chief law \n enforcement officer of a State, or an official or agency \n designated by a State, has reason to believe that any person \nhas violated or is violating this title, the State--\n ``(A) may bring an action to enjoin such violation \n in any appropriate United States district court or in \n any other court of competent jurisdiction;\n ``(B) may bring an action on behalf of the \n residents of the State to recover damages of not more \n than $1,000 for each violation; and\n ``(C) in the case of any successful action under \n subparagraph (A) or (B), shall be awarded the costs of \n the action and reasonable attorney fees as determined \n by the court.\n ``(2) Rights of federal regulators.--\n ``(A) Prior notice.--The State shall serve prior \n written notice of any action under paragraph (1) upon \n the Federal Trade Commission and, in the case of an \n action which involves a financial institution described \n in section 1004(b)(1), the agency referred to in such \n section with respect to such institution and provide \n the Federal Trade Commission and any such agency with a \n copy of its complaint, except in any case in which such \n prior notice is not feasible, in which case the State \n shall serve such notice immediately upon instituting \n such action.\n ``(B) Right to intervene.--The Federal Trade \n Commission or an agency described in subsection (b) \n shall have the right--\n ``(i) to intervene in an action under \n paragraph (1);\n ``(ii) upon so intervening, to be heard on \n all matters arising therein;\n ``(iii) to remove the action to the \n appropriate United States district court; and\n ``(iv) to file petitions for appeal.\n ``(3) Investigatory powers.--For purposes of bringing any \n action under this subsection, no provision of this subsection \n shall be construed as preventing the chief law enforcement \n officer, or an official or agency designated by a State, from \n exercising the powers conferred on the chief law enforcement \n officer or such official by the laws of such State to conduct \n investigations or to administer oaths or affirmations or to \n compel the attendance of witnesses or the production of \n documentary and other evidence.\n ``(4) Limitation on state action while federal action \n pending.--If the Federal Trade Commission or any agency \n described in subsection (b) has instituted a civil action for a \n violation of this title, no State may, during the pendency of \n such action, bring an action under this section against any \n defendant named in the complaint of the Federal Trade \n Commission or such agency for any violation of this title that \n is alleged in that complaint.\n``Sec. 1005. Civil liability\n ``Any person, other than a financial institution, who fails to \ncomply with any provision of this title with respect to any financial \ninstitution or any customer information of a financial institution \nshall be liable to such financial institution or the customer to whom \nsuch information relates in an amount equal to the sum of the amounts \ndetermined under each of the following paragraphs:\n ``(1) Actual damages.--The greater of--\n ``(A) the amount of any actual damage sustained by \n the financial institution or customer as a result of \n such failure; or\n ``(B) any amount received by the person who failed \n to comply with this title, including an amount equal to \n the value of any nonmonetary consideration, as a result \n of the action which constitutes such failure.\n ``(2) Additional damages.--Such additional amount as the \n court may allow.\n ``(3) Attorneys' fees.--In the case of any successful \n action to enforce any liability under paragraph (1) or (2), the \n costs of the action, together with reasonable attorneys' fees.\n``Sec. 1006. Criminal penalty\n ``(a) In General.--Whoever violates, or attempts to violate, \nsection 1003 shall be fined in accordance with title 18, United States \nCode, or imprisoned for not more than 5 years, or both.\n ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or \nattempts to violate, section 1003 while violating another law of the \nUnited States or as part of a pattern of any illegal activity involving \nmore than $100,000 in a 12-month period shall be fined twice the amount \nprovided in subsection (b)(3) or (c)(3) (as the case may be) of section \n3571 of title 18, United States Code, imprisoned for not more than 10 \nyears, or both.\n``Sec. 1007. Relation to State laws\n ``(a) In General.--This title shall not be construed as \nsuperseding, altering, or affecting the statutes, regulations, orders, \nor interpretations in effect in any State, except to the extent that \nsuch statutes, regulations, orders, or interpretations are inconsistent \nwith the provisions of this title, and then only to the extent of the \ninconsistency.\n ``(b) Greater Protection Under State Law.--For purposes of this \nsection, a State statute, regulation, order, or interpretation is not \ninconsistent with the provisions of this title if the protection such \nstatute, regulation, order, or interpretation affords any person is \ngreater than the protection provided under this title.\n``Sec. 1008. Agency guidance\n ``In furtherance of the objectives of this title, each Federal \nbanking agency (as defined in section 3(z) of the Federal Deposit \nInsurance Act) shall issue advisories to depository institutions under \nthe jurisdiction of the agency, in order to assist such depository \ninstitutions in deterring and detecting activities proscribed under \nsection 1003.''.\n (b) Report to the Congress.--Before the end of the 18-month period \nbeginning on the date of the enactment of this Act, the Comptroller \nGeneral, in consultation with the Federal Trade Commission, Federal \nbanking agencies, and appropriate Federal law enforcement agencies, \nshall submit to the Congress a report on the following:\n (1) The efficacy and adequacy of the remedies provided in \n the amendments made by subsection (a) in addressing attempts to \n obtain financial information by fraudulent means or by false \n pretenses.\n (2) Any recommendations for additional legislative or \n regulatory action to address threats to the privacy of \n financial information created by attempts to obtain information \n by fraudulent means or false pretenses.","summary":"Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview. And (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to civil liability for damages and Federal criminal penalties. Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act. And (2) recommendations for additional action to address threats to the privacy of financial information.","title":"Financial Information Privacy Act","text_len":16878,"sum_len":1170} {"bill_id":"114_s2715","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Security Whistleblower \nProtection Act of 2016''.\n\nSEC. 2. SUSPENSION OR REVOCATION OF ACCESS TO CLASSIFIED INFORMATION.\n\n (a) In General.--Section 2302(a)(2)(A) of title 5, United States \nCode, is amended--\n (1) in clause (xi), by striking ``and'' at the end;\n (2) by redesignating clause (xii) as clause (xiii); and\n (3) by inserting after clause (xi) the following:\n ``(xii) the suspension or revocation of access to \n classified information; and''.\n (b) Application to FBI.--Section 2303(a) of title 5, United States \nCode, is amended in the matter following paragraph (2), by inserting \n``or clause (xii)'' after ``clauses (i) through (x)''.\n (c) Report by Inspector General of the Department of Defense.--\n (1) Definitions.--In this subsection--\n (A) the term ``employee'' includes an employee of a \n contractor of the Department of Defense;\n (B) the term ``Inspector General'' means the \n Inspector General of the Department of Defense; and\n (C) the term ``whistleblowing'' means--\n (i) making a disclosure described in \n section 2302(b)(8) of title 5, United States \n Code; or\n (ii) taking an action described in \n subparagraph (A)(i), (B), (C), or (D) of \n section 2302(b)(9) of title 5, United States \n Code.\n (2) Report.--\n (A) Initial report.--Not later than 1 year after \n the date of enactment of this Act, the Inspector \n General shall submit to Congress a report that provides \n the information described in subparagraph (C) for the \n 5-year period ending on the date of enactment of this \n Act.\n (B) Inclusion in semiannual report.--In each \n semiannual report submitted to Congress by the \n Inspector General under section 5(a) of the Inspector \n General Act of 1978 (5 U.S.C. App.) after the date on \n which the report under subparagraph (A) is submitted, \n the Inspector General shall include the information \n described in subparagraph (C) for the period covered by \n the report.\n (C) Information.--\n (i) In general.--The information described \n in this subparagraph is, for each category of \n employee described in clause (ii)--\n (I) the number of allegations \n received by the Inspector General \n (which shall include separately the \n number of contacts to the hotline of \n the Inspector General) in which an \n employee asserts that the access to \n classified information of the employee \n was suspended or revoked in retaliation \n for whistleblowing;\n (II) the number of allegations \n described in subclause (I) that were \n closed by the Inspector General before \n a full investigation was conducted;\n (III) the number of allegations \n described in subclause (I) for which a \n full investigation was conducted by the \n Inspector General;\n (IV) the number of allegations \n described in subclause (I) in which the \n Inspector General determined that the \n access to classified information of the \n employee was suspended or revoked in \n retaliation for whistleblowing;\n (V) the number of investigations of \n allegations described in subclause (I) \n that were conducted by a component of \n the Department of Defense other than \n the Office of the Inspector General and \n a description of the oversight of the \n investigation by the Inspector General;\n (VI) the number of investigations \n of allegations described in subclause \n (I) that, upon appeal, were returned by \n the Inspector General of the \n Intelligence Community as defective;\n (VII) a description of the remedial \n measures taken relating to allegations \n described in subclause (I); and\n (VIII) a description of the \n disciplinary actions taken against \n individuals who suspended or revoked \n the access to classified information of \n an employee in retaliation for \n whistleblowing.\n (ii) Categories of employees.--The \n categories of employees described in this \n clause are the following:\n (I) Employees of the Department of \n Defense in the civil service, as \n defined in section 2101(1) of title 5, \n United States Code.\n (II) Employees of nonappropriated \n fund instrumentalities of the \n Department.\n (III) Members of the regular \n components of the Armed Forces.\n (IV) Members of the Army National \n Guard of the United States and Air \n National Guard of the United States on \n active duty.\n (V) Employees of contractors of the \n Department.\n (VI) Any other category of \n employees not included under clauses \n (I) through (V), which shall be \n described by the Inspector General in \n the applicable report.","summary":"National Security Whistleblower Protection Act of 2016 This bill extends personnel protections to whistleblowers by classifying the suspension or revocation of access to classified information as a personnel action. This classification also applies to employees of the Federal Bureau of Investigation. The Inspector General of the Department of Defense shall report to Congress on allegations of retaliation against whistleblowers whose access to classified information was suspended or revoked.","title":"National Security Whistleblower Protection Act of 2016","text_len":7246,"sum_len":495} {"bill_id":"112_s78","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Pregnant Women and \nChildren From Perchlorate Act of 2011''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) perchlorate--\n (A) is a chemical used as the primary ingredient of \n solid rocket propellant; and\n (B) is also used in fireworks, road flares, and \n other applications;\n (2) waste from the manufacture and improper disposal of \n chemicals containing perchlorate is increasingly being \n discovered in soil and water;\n (3) according to the Government Accountability Office, \n perchlorate contamination has been detected in water and soil \n at almost 400 sites in the United States, with concentration \n levels ranging from 4 parts per billion to millions of parts \n per billion;\n (4) the Government Accountability Office has determined \n that the Environmental Protection Agency does not centrally \n track or monitor perchlorate detections or the status of \n perchlorate cleanup, so a greater number of contaminated sites \n may already exist;\n (5) according to the Government Accountability Office, \n limited Environmental Protection Agency data show that \n perchlorate has been found in 35 States and the District of \n Columbia and is known to have contaminated 153 public water \n systems in 26 States;\n (6) those data are likely underestimates of total drinking \n water exposure, as illustrated by the finding of the California \n Department of Health Services that perchlorate contamination \n sites have affected approximately 273 drinking water sources \n and 86 drinking water systems in the State of California alone;\n (7) Food and Drug Administration scientists and other \n scientific researchers have detected perchlorate in the United \n States food supply, including in lettuce, milk, cucumbers, \n tomatoes, carrots, cantaloupe, wheat, and spinach, and in human \n breast milk;\n (8)(A) perchlorate can harm human health, especially in \n pregnant women and children, by interfering with uptake of \n iodide by the thyroid gland, which is necessary to produce \n important hormones that help control human health and \n development;\n (B) in adults, the thyroid helps to regulate metabolism;\n (C) in children, the thyroid helps to ensure proper mental \n and physical development; and\n (D) impairment of thyroid function in expectant mothers or \n infants may result in effects including delayed development and \n decreased learning capability;\n (9)(A) in October 2006, researchers from the Centers for \n Disease Control and Prevention published the largest, most \n comprehensive study to date on the effects of low levels of \n perchlorate exposure in women, finding that--\n (i) significant changes existed in thyroid hormones \n in women with low iodine levels who were exposed to \n perchlorate; and\n (ii) even low-level perchlorate exposure may affect \n the production of hormones by the thyroid in iodine-\n deficient women; and\n (B) in the United States, about 36 percent of women have \n iodine levels equivalent to or below the levels of the women in \n the study described in subparagraph (A); and\n (10) the Environmental Protection Agency has not \n established a health advisory or national primary drinking \n water regulation for perchlorate, but instead established a \n ``Drinking Water Equivalent Level'' of 24.5 parts per billion \n for perchlorate, which--\n (A) does not take into consideration all routes of \n exposure to perchlorate;\n (B) has been criticized by experts as failing to \n sufficiently consider the body weight, unique exposure, \n and vulnerabilities of certain pregnant women and \n fetuses, infants, and children; and\n (C) is based primarily on a small study and does \n not take into account new, larger studies of the \n Centers for Disease Control and Prevention or other \n data indicating potential effects at lower perchlorate \n levels than previously found.\n (b) Purposes.--The purposes of this Act are--\n (1) to require the Administrator of the Environmental \n Protection Agency to establish, by not later than 90 days after \n the date of enactment of this Act, a health advisory for \n perchlorate in drinking water that--\n (A) is fully protective of, and considers, the body \n weight and exposure patterns of pregnant women, \n infants, and children;\n (B) provides an adequate margin of safety; and\n (C) takes into account all routes of exposure to \n perchlorate;\n (2) to require the Administrator of the Environmental \n Protection Agency to establish not later than 1 year after the \n date of enactment of this Act a national primary drinking water \n regulation for perchlorate that fully protects pregnant women, \n infants, and children, taking into consideration body weight, \n exposure patterns, and all routes of exposure to perchlorate.\n\nSEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION \n FOR PERCHLORATE.\n\n Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-\n1(b)(12)) is amended by adding at the end the following:\n ``(C) Perchlorate.--\n ``(i) Health advisory.--Notwithstanding any \n other provision of this section, not later than \n 90 days after the date of enactment of this \n subparagraph, the Administrator shall publish a \n health advisory for perchlorate that is fully \n protective, with an adequate margin of safety, \n of the health of vulnerable persons (including \n pregnant women, infants, and children), taking \n into consideration body weight, exposure \n patterns, and all routes of exposure.\n ``(ii) Proposed regulations.--\n Notwithstanding any other provision of this \n section, the Administrator shall propose (not \n later than 180 days after the date of enactment \n of this subparagraph) and shall finalize (not \n later than 1 year after the date of enactment \n of this subparagraph) a national primary \n drinking water regulation for perchlorate--\n ``(I) that based on the factors in \n clause (i) and other relevant data, is \n protective, with an adequate margin of \n safety, of vulnerable persons \n (including pregnant women, infants, and \n children); and\n ``(II) the maximum contaminant \n level of which is as close to the \n maximum contaminant level goal for \n perchlorate, and as protective of \n vulnerable persons, as is feasible.''.","summary":"Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons , taking into consideration body weight, exposure patterns, and all routes of exposure. And (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.","title":"A bill to amend the Safe Drinking Water Act to protect the health of pregnant women, fetuses, infants, and children by requiring a health advisory and drinking water standard for perchlorate.","text_len":7989,"sum_len":664} {"bill_id":"106_s952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stadium Financing and Franchise \nRelocation Act of 1999''.\n\nSEC. 2. EXPANSION, MODIFICATION, AND CLARIFICATION OF ANTITRUST \n EXEMPTIONS.\n\n (a) Definitions.--Section 5 of Public Law 87-331, commonly known as \nthe ``Sports Broadcasting Act'' (15 U.S.C. 1295) is amended to read as \nfollows:\n\n``SEC. 5. DEFINITIONS.\n\n ``In this Act:\n ``(1) Antitrust laws.--The term `antitrust laws'--\n ``(A) means antitrust laws, as that term is defined \n in section 1 of the Clayton Act (15 U.S.C. 12); and\n ``(B) includes antitrust Acts, as that term is \n defined in section 4 of the Federal Trade Commission \n Act (15 U.S.C. 44).\n ``(2) Construction.--With respect to a playing facility, \n the term `construction' means the construction of a playing \n facility that is not in existence at the commencement of the \n construction.\n ``(3) Local governmental entity.--The term `local \n governmental entity' means--\n ``(A) a State; or\n ``(B) a county, city or other unit of local \n government.\n ``(4) Person.--The term `person' means any individual, \n partnership, corporation, or unincorporated association, or any \n combination or association thereof.\n ``(5) Playing facility.--The term `playing facility' means \n a stadium or ballpark designed to seat a minimum of 35,000 \n spectators.\n ``(6) Renovation.--With respect to a playing facility, the \n term `renovation' means the renovation of an existing playing \n facility.\n ``(7) Sponsored telecasting.--The term `sponsored \n telecasting'--\n ``(A) except as provided in subparagraph (B), \n includes all over-the-air, cable and satellite \n transmissions; and\n ``(B) does not include pay-per-view broadcasts.''.\n (b) Expansion, Modification, and Clarification of Exemptions.--The \nfirst section of Public Law 87-331, commonly known as the ``Sports \nBroadcasting Act'' (15 U.S.C. 1291) is amended to read as follows:\n\n``SECTION 1. EXEMPTIONS FROM ANTITRUST LAWS OF AGREEMENTS COVERING THE \n TELECASTING OF SPORTS CONTESTS, THE COMBINING OF \n PROFESSIONAL FOOTBALL LEAGUES AND THE RELOCATION OF \n SPORTS FRANCHISES.\n\n ``(a) Exemptions.--\n ``(1) In general.--Subject to subsection (b), the antitrust \n laws shall not apply to any joint agreement described in \n paragraph (2).\n ``(2) Joint agreements described.--A joint agreement \n described in this paragraph is a joint agreement--\n ``(A) by or among persons engaging in or conducting \n the organized professional team sports of football, \n baseball, basketball, or hockey, by which any league of \n clubs participating in that professional sport sells or \n otherwise transfers all or any part of the rights of \n the member clubs of that league in the sponsored \n telecasting of the games of that professional sport \n that are engaged in or conducted by those member clubs;\n ``(B) by which the member clubs of 2 or more \n professional football leagues described in section \n 501(c)(6) of the Internal Revenue Code of 1986 and that \n are exempt from taxation under section 501(a) of the \n Internal Revenue Code of 1986 combine their operations \n in an expanded single league that is exempt from income \n tax by reason of such section 501(a), if that \n agreement--\n ``(i) increases the number of professional \n football clubs operating; and\n ``(ii) contains provisions that are \n directly relevant to the combination of \n operations for such an expanded single league; \n or\n ``(C) by which any league of clubs participating in \n a professional sport referred to in subparagraph (A) \n denies a member club the right to transfer the location \n of the franchise of that member club.\n ``(b) Conditions on Exemptions.--\n ``(1) In general.--The exemption under subsection (a) for a \n joint agreement described in subsection (a)(2)(A) shall apply, \n with respect to a football league or major league baseball \n league only if the league of football or major league baseball \n clubs involved--\n ``(A) agrees--\n ``(i) to meet the requirement under \n paragraph (2);\n ``(ii) not later than 90 days after the \n date of enactment of the Stadium Financing and \n Franchise Relocation Act of 1999, to establish \n a special trust fund into which the league will \n deposit an amount equal to 10 percent of the \n amounts received under that joint agreement for \n the sale or transfer of the rights in sponsored \n telecasting of the games of the professional \n sport of that league in the United States, on \n the condition that any funds in the trust fund \n that are not obligated during the 10-year \n period beginning on the date on which those \n funds are deposited in that trust fund shall be \n withdrawn from that trust fund and treated as \n gross revenues of the league;\n ``(iii) to use the amounts in the trust \n fund established under clause (ii) only for \n financing, in accordance with this section, the \n construction or renovation of playing \n facilities from which games of the teams of \n that league will be televised; and\n ``(iv) to make available to a local \n governmental entity, upon request of that \n entity, from the amounts in the trust fund \n established under clause (ii), assistance for \n the cost of the construction or renovation of \n playing facilities to be used by a member club \n in that league (if that construction or \n renovation was not completed prior to the date \n of introduction of the Stadium Financing and \n Franchise Relocation Act of 1999), up to a \n maximum of one-half of that cost, if--\n ``(I) the local governmental entity \n makes a commitment, under a lease or \n other written agreement entered into \n between the member club involved and \n the local governmental entity, to \n provide funds in an amount equal to at \n least one-half of the amount of funds \n to be provided for that purpose by the \n league; and\n ``(II) the amounts requested by the \n local governmental entity are available \n or become available for obligation from \n the trust fund established under clause \n (ii); and\n ``(B) not later than the date specified in \n subparagraph (A)(ii), notifies the Attorney General \n that the league will establish a trust fund in \n accordance with subparagraph (A).\n ``(2) Additional requirement.--If a league establishes a \n trust fund under paragraph (1)(A), as a condition to receiving \n an exemption under subsection (a)(2)(A), the league shall \n exclude the amounts deposited in the trust fund from \n designation as defined gross revenues of the league, or as any \n other similar designation that describes revenues that are to \n be shared by the member clubs or the players of the league.\n ``(3) Major league baseball.--\n ``(A) In general.--The requirements of paragraphs \n (1) and (2) shall apply to a league of major league \n baseball clubs in the same manner as they apply to a \n league of professional football clubs.\n ``(B) Other exemptions.--Nothing in this subsection \n is intended to affect any exemption from the antitrust \n laws that may apply to major league baseball with \n respect to activities that are not covered under this \n Act.''.\n (c) Technical and Conforming Amendments.--\n (1) Area telecasting restriction limitation.--Section 2 of \n Public Law 87-331, commonly known as the ``Sports Broadcasting \n Act'' (15 U.S.C. 1292) is amended--\n (A) by striking ``Sec. 2. Section'' and inserting \n the following:\n\n``SEC. 2. AREA TELECASTING RESTRICTION LIMITATION.\n\n ``Section''; and\n (B) by striking ``described in the first sentence \n of such section'' and inserting ``described in \n subsection (a)(2) of that section''.\n (2) Intercollegiate and interscholastic football consent \n limitations.--Section 3 of Public Law 87-331, commonly known as \n the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by \n striking ``Sec. 3. The first sentence of section 1 of this \n Act'' and inserting the following:\n\n``SEC. 3. INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL CONSENT \n LIMITATIONS.\n\n ``The exemption under section 1(a)''.\n (3) Statutory construction.--Section 4 of Public Law 87-\n 331, commonly known as the ``Sports Broadcasting Act'' (15 \n U.S.C. 1293) is amended by striking ``Sec. 4. Nothing'' and \n inserting the following:\n\n``SEC. 4. STATUTORY CONSTRUCTION.\n\n ``Nothing''.","summary":"Stadium Financing and Franchise Relocation Act of 1999 - Rewrites the Sports Broadcasting Act to exempt from the antitrust laws any joint agreement: (1) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey by which any league of clubs participating in that professional sport sells or otherwise transfers all or part of the rights of that league's member clubs in the sponsored telecasting of games. (2) by which the member clubs of two or more professional football leagues that are exempt from taxation combine their operations in an expanded single league that is exempt from income tax, if that agreement increases the number of professional football clubs operating and contains provisions that are directly relevant to the combination of operations for such league. Or (3) by which any league of clubs participating in such a professional sport denies a member club the right to transfer the location of the franchise of that member club. Conditions the exemption, with respect to a football league or major league baseball league, on the football league or major league baseball clubs involved agreeing to meet specified requirements, including the establishment of a special trust fund into which the league will deposit ten percent of the amounts received under the joint agreement for the sale or transfer of the rights in sponsored telecasting of games to finance the construction or renovation of playing facilities, upon request of a local governmental entity.","title":"Stadium Financing and Franchise Relocation Act of 1999","text_len":10866,"sum_len":1550} {"bill_id":"105_hr4188","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Tobacco Trust Fund Act of \n1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) A consensus exists within the scientific and medical \n communities that tobacco products are inherently dangerous and \n cause cancer, heart disease, emphysema, and other serious \n illnesses.\n (2) Tobacco advertising and marketing has for decades \n contributed significantly to the use of tobacco products by \n adolescents and young adults, and, particularly, members of the \n Nation's uniformed services.\n (3) Reliable studies indicate that 75 percent of World War \n II veterans began smoking as young adults, and today large \n numbers of veterans are smokers.\n (4) Smoking related illnesses are highly prevalent among \n the more than 3,000,000 veterans who use the Department of \n Veterans Affairs health care system annually.\n (5) The Department of Veterans Affairs estimates that it \n spent $3,600,000,000 in 1997 to treat smoking-related illnesses \n and that over the next five years it will spend $20,000,000,000 \n on such care.\n (6) Congress established the Department of Veterans Affairs \n in furtherance of its constitutional power to provide for the \n national defense in order to provide benefits and services to \n veterans of the uniformed services.\n (7) There is in the Department of Veterans Affairs a health \n care system which has as its primary function to provide a \n complete medical and hospital service for the medical care and \n treatment of such veterans as can be served through available \n appropriations.\n (8) The sale, distribution, marketing, advertising, and use \n of tobacco products has substantially and adversely impaired \n the ability of the Department of Veterans Affairs to carry out \n its health care mission because of the prevalence of smoking-\n related illnesses among veterans.\n (9) The Federal Government, including the Department of \n Veterans Affairs, has lacked the means to prevent the onset of \n smoking-related illnesses among veterans and has had no \n authority to deny needed treatment to any veteran on the basis \n that an illness is or might be smoking-related.\n (10) With some 20 percent of its health care budget \n absorbed in treating smoking-related illnesses, the Department \n of Veterans Affairs health care system has lacked resources to \n provide needed nursing home care, home care, community-based \n ambulatory care, and other services to tens of thousands of \n other veterans.\n (11) The network of academically affiliated medical centers \n of the Department of Veterans Affairs provides a unique system \n within which outstanding medical research is conducted and \n which has the potential to expand significantly ongoing \n research on tobacco-related illnesses.\n (12) It is in the public interest for Congress to enact \n legislation requiring that a portion of any amounts received \n from manufacturers of tobacco products be used to meet the \n costs of (A) treatment for diseases and adverse health effects \n associated with the use of tobacco products by those who served \n their country in uniform, and (B) medical and health services \n research relating to prevention and treatment of, and \n rehabilitation from, tobacco addiction and diseases associated \n with tobacco use.\n\nSEC. 3. ESTABLISHMENT OF TRUST FUND.\n\n (a) In General.--Chapter 17 of title 38, United States Code, is \namended by inserting after section 1729A the following new section:\n``Sec. 1729B. Veterans Tobacco Trust Fund\n ``(a) There is established in the Treasury of the United States a \ntrust fund to be known as the `Veterans Tobacco Trust Fund', consisting \nof such amounts as may be appropriated, credited, or donated to the \ntrust fund.\n ``(b) If a law is enacted that provides for the allocation of funds \nreceived from tobacco product manufacturers for programs to reduce use \nof tobacco products by minors and for health-care research, among other \npurposes, there shall be credited to the trust fund from amounts \nreceived by the United States pursuant to that law, without further \nappropriation, the amount of $3,000,000,000.\n ``(c) Amounts in the trust fund shall be available, without fiscal \nyear limitation, to the Secretary of Veterans Affairs for the following \npurposes:\n ``(1) Furnishing medical care and services under this \n chapter, to be available during any fiscal year for the same \n purposes and subject to the same limitations (other than with \n respect to the period of availability for obligation) as apply \n to amounts appropriated from the general fund of the Treasury \n for that fiscal year for medical care.\n ``(2) Conducting medical research, rehabilitation research, \n and health systems research, with particular emphasis on \n research relating to prevention and treatment of, and \n rehabilitation from, tobacco addiction and diseases associated \n with tobacco use.''.\n (b) Clerical Amendment.-- The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1729A the following new item:\n\n``Sec. 1729B. Veterans Tobacco Trust Fund.''.","summary":"Veterans Tobacco Trust Fund Act of 1998 - Establishes in the Treasury the Veterans Tobacco Trust Fund. Provides that if a law is enacted that provides for the allocation of funds received from tobacco product manufacturers for programs to reduce the use of tobacco products by minors and for health-care research, then there shall be credited to the Fund, without further appropriation, the amount of $3 billion. Makes such amount available to the Secretary of Veterans Affairs for: (1) furnishing veterans' medical care and services. And (2) conducting medical, rehabilitation, and health systems research, with particular emphasis on research relating to the prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use.","title":"Veterans Tobacco Trust Fund Act of 1998","text_len":5671,"sum_len":774} {"bill_id":"105_hr4379","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Budget Surplus Dividend Act of \n1998''.\n\nSEC. 2. 33\\1\/3\\ PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE \n EMPLOYERS AND EMPLOYEES FOR A PORTION OF THEIR SOCIAL \n SECURITY TAXES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES.\n\n ``(a) Allowance of Credit.--In the case of a taxable year to which \nthis section applies, there shall be allowed as a credit against the \ntax imposed by this subtitle for the taxable year an amount equal to \nthe applicable percentage of the taxpayer's social security taxes for \nthe taxable year.\n ``(b) Taxable Years to Which Section Applies.--\n ``(1) In general.--Except as provided by paragraph (2), \n this section shall apply to any taxable year beginning in the \n first calendar year beginning after a fiscal year if there is a \n Federal budget surplus for such fiscal year of more than \n $1,000,000,000.\n ``(2) Social security trust funds required to be solvent \n before credit allowed.--This section shall not apply to any \n taxable year beginning before the date on which the Board of \n Trustees of the Federal Old Age and Survivors Insurance Trust \n Fund and the Federal Disability Insurance Trust Fund makes the \n solvency determination described in section 5 of the Budget \n Surplus Dividend Act of 1998.\n ``(c) Applicable Percentage.--For purposes of this section--\n ``(1) In general.--The term `applicable percentage' means--\n ``(A) the base percentage with respect to so much \n of the taxpayer's social security taxes as does not \n exceed $3,000, and\n ``(B) the phasedown percentage with respect to so \n much of the taxpayer's social security taxes as exceeds \n $3,000.\n ``(2) Base percentage.--The term `base percentage' means, \n for taxable years beginning in a calendar year, the percentage \n which the Secretary estimates will result in a reduction of \n revenues to the Treasury by reason of this section for such \n taxable year equal to 33\\1\/3\\ percent of the Federal \nbudget surplus for the most recent fiscal year ending before such \ncalendar year. Proper adjustments shall be made in the percentage \ndetermined under the preceding sentence with respect to any subsequent \nfiscal year to the extent that prior estimates were in excess of or \nless than the proper percentage.\n ``(3) Phasedown percentage.--The term `phasedown \n percentage' means the base percentage reduced (but not below \n zero) by the number of percentage points which bears the same \n ratio to the base percentage as--\n ``(A) the excess of the taxpayer's social security \n taxes over $3,000 bears to\n ``(B) the excess of the maximum social security \n taxes over $3,000.\n ``(4) Maximum social security taxes.--The term `maximum \n social security taxes' means the amount which would be the \n social security taxes of the taxpayer if the amount on which \n such taxes are determined were equal to the maximum amount of \n remuneration which may be taken into account under section \n 3101(a).\n ``(5) Special rules.--\n ``(A) Dollar limitations on per employee basis.--\n The dollar limitations in paragraphs (1) and (3) shall \n be applied on a per employee basis.\n ``(B) Self-employed individuals.--Paragraphs (1) \n and (3) shall be applied by substituting `$6,000' for \n `$3,000' each place it appears in the case of the taxes \n referred to in subparagraph (C) or (D) of subsection \n (d)(1).\n ``(d) Social Security Taxes.--For purposes of this section--\n ``(1) In general.--The term `social security taxes' means, \n with respect to any taxpayer for any taxable year--\n ``(A) the taxes imposed by sections 3101 and \n 3201(a) (relating to taxes on employees) on amounts \n received by the taxpayer during the calendar year in \n which the taxable year begins,\n ``(B) the taxes imposed by sections 3111 and \n 3221(a) (relating to taxes on employers) on amounts \n paid by the taxpayer during the calendar year in which \n the taxable year begins,\n ``(C) the taxes imposed by section 1401 on the \n self-employment income of the taxpayer for the taxable \n year, and\n ``(D) the taxes imposed by section 3211(a)(1) on \n amounts received by the taxpayer during the calendar \n year in which the taxable year begins.\n ``(2) Coordination with special refund of social security \n taxes.--The term `social security taxes' shall not include any \n taxes to the extent the taxpayer is entitled to a special \n refund of such taxes under section 6413(c).\n ``(3) Special rule.--Any amounts paid pursuant to an \n agreement under section 3121(l) (relating to agreements entered \n into by American employers with respect to foreign affiliates) \n which are equivalent to the taxes referred to in paragraph \n (1)(A) shall be treated as taxes referred to in such \n paragraph.''\n (b) Clerical Amendment.--The table of sections for subpart C of \npart IV of subchapter A of chapter 1 of such Code is amended by \nstriking the item relating to section 35 and inserting the following:\n\n ``Sec. 35. Credit for portion of social \n security taxes.\n ``Sec. 36. Overpayments of tax.''\n\nSEC. 3. APPROPRIATION TO USE 33\\1\/3\\ PERCENT OF FEDERAL BUDGET SURPLUS \n TO REDUCE OUTSTANDING PUBLIC DEBT.\n\n There is hereby appropriated for the first fiscal year following \neach fiscal year (beginning after this Act takes effect) for which \nthere is a Federal budget surplus an amount equal to 33\\1\/3\\ percent of \nsuch surplus for purpose of paying at maturity, or to redeem or buy \nbefore maturity, obligations of the Government included in the public \ndebt. An obligation of the Government that is paid, redeemed, or bought \nwith funds appropriated by the preceding sentence shall be canceled and \nretired and may not be reissued.\n\nSEC. 4. USE 33\\1\/3\\ PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE \n NONDEFENSE DISCRETIONARY SPENDING LIMITS.\n\n For the first fiscal year following each fiscal year (beginning \nafter this Act takes effect) for which there is a Federal budget \nsurplus, the Director of the Office of Management and Budget shall \nincrease (on a pro rata basis between the applicable nondefense \ncategories for that fiscal year) the discretionary spending limit for \nnew budget authority under section 251(c) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 by an amount equal to 33\\1\/3\\ \npercent of such surplus and shall adjust the outlays flowing from that \nbudget authority accordingly.\n\nSEC. 5. EFFECTIVE DATE BASED ON SOLVENCY OF SOCIAL SECURITY TRUST \n FUNDS.\n\n This Act and the amendments made by this Act shall take effect on \nthe date on which the Board of Trustees of the Federal Old Age and \nSurvivors Insurance Trust Fund and the Federal Disability Insurance \nTrust Fund determines (using intermediate assumptions) that both the \nFederal Old Age and Survivors Insurance Trust Fund and the Federal \nDisability Insurance Trust Fund are in close actuarial balance through \nthe year 2070. Such determination shall be included in the first annual \nreport of such Board made after such determination is made.","summary":"Budget Surplus Dividend Act of 1998 - Amends the Internal Revenue Code to allow, upon a specified determination of budgetary surplus, a credit equal to a certain percentage of a taxpayer's annual social security taxes. Provides for the use of budgetary surplus to reduce public debt and increase nondefense discretionary spending.","title":"Budget Surplus Dividend Act of 1998","text_len":8267,"sum_len":330} {"bill_id":"103_hr3490","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cooperative Agricultural Programs \nExtended Retirement Credit Act of 1993''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to make creditable, for purposes of the Civil Service \n Retirement System, periods of service in certain qualified \n Federal-State cooperative programs which had agricultural or \n related purposes; and\n (2) to expedite the retirement of certain Federal \n Government employees by providing them improved retirement \n opportunities at typical retirement ages, thereby mitigating \n potentially adverse effects of deficit-control measures on the \n welfare of those and other employees of the Department of \n Agriculture.\n\nSEC. 3. CREDITABILITY OF PRIOR SERVICE.\n\n (a) In General.--Subject to section 8334(c) of title 5, United \nStates Code, upon application to the Office of Personnel Management \nwithin 6 months after the date of the enactment of this Act, any \nindividual who is an employee (as defined by section 8331(1) or \n8401(11) of such title) on such date shall be allowed credit under \nsubchapter III of chapter 83 of such title for any service if such \nservice was performed by such individual--\n (1) before January 1, 1984; and\n (2) as an employee of a State, or an instrumentality of a \n State, in which capacity such individual performed duties \n relating to the carrying out of a program described in \n subsection (b).\n (b) Description of Programs.--The programs referred to in \nsubsection (a) are--\n (1) the Federal-State cooperative program of agricultural \n research of the State agricultural experiment stations as \n defined in section 1 of the Act entitled ``An Act to \n consolidate the Hatch Act of 1887 and laws supplementary \n thereto relating to the appropriation of Federal funds for \n support of agricultural experiment stations in the States, \n Alaska, Hawaii, and Puerto Rico'', approved August 11, 1955 (69 \n Stat. 671);\n (2) the Federal-State cooperative program of forestry \n research at eligible institutions of the State as defined in \n section 2 of the Act entitled ``An Act to authorize the \n Secretary of Agriculture to encourage and assist the several \n States in carrying on a program of forestry research, and for \n other purposes'', approved October 10, 1962 (76 Stat. 806), and \n popularly referred to as the ``McIntire-Stennis Act'';\n (3) the Federal-State cooperative program of agricultural \n research for the fiscal year ending June 30, 1967 and later \n fiscal years at the 1890 land-grant colleges, including \n Tuskegee Institute, as defined in subsection 1445(a) of the \n ``National Agricultural Research, Extension, and Teaching \n Policy Act of 1977'', approved September 29, 1977 (91 Stat. \n 1009);\n (4) the Federal-State cooperative program of agricultural \n extension work authorized by the Act entitled ``An Act to \n provide for cooperative agricultural extension work between the \n agricultural colleges in the several States receiving the \n benefits of an Act of Congress approved July second, eighteen \n hundred and sixty-two, and of Acts supplementary thereto, and \n the United States Department of Agriculture'', approved May 8, \n 1914 (38 Stat. 372), and acts supplementary thereto;\n (5) the Federal-State cooperative program of vocational \n education including, but not limited to, State programs of \n instruction in vocational agriculture and home economics, \n authorized by the Act entitled ``An Act to provide for the \n promotion of vocational education; to provide for cooperation \n with the States in the promotion of such education in \n agriculture and the trades and industries; to provide for \n cooperation with the States in the preparation of teachers of \n vocational subjects; and to appropriate money and regulate its \n expenditure'', approved February 23, 1917 (39 Stat. 929), and \n acts supplementary thereto;\n (6) the Federal-State cooperative program in marketing \n service and research authorized by the ``Agricultural Marketing \n Act of 1946'', approved August 14, 1946 (60 Stat. 1087), and \n predecessor programs, including programs to inspect, certify, \n and identify the class, quality, quantity, and condition of \n agricultural products shipped or received in interstate \n commerce; and programs of inspection and weighing services \n authorized by the United States Grain Standards Act (7 U.S.C. \n 71 and following), whether performed by a delegated State \n agency or a designated private agency;\n (7) the Federal-State cooperative program for the control \n of plant pests and animal diseases authorized by the provisions \n under the subheading ``Federal Horticulture Board'' under the \n heading ``Department of Agriculture'' in the Act entitled ``An \n Act making appropriations to supply urgent deficiencies in \n appropriations for the fiscal year ending June thirtieth, \n nineteen hundred and eighteen, and prior fiscal years, on \n account of war expenses, and for other purposes'', approved \n October 6, 1917 (40 Stat. 374); by section 102 of the \n ``Department of Agriculture Organic Act of 1944'', approved \n September 21, 1944 (58 Stat. 734); by the joint resolution \n entitled ``Joint resolution making funds available for the \n control of incipient or emergency outbreaks of insect pests or \n plant diseases, including grasshoppers, mormon crickets, and \n chinch bugs'', approved April 6, 1937 (50 Stat. 57); by the Act \n entitled ``An Act to provide for regulating, inspecting, \n cleaning, and, when necessary, disinfecting railway cars, other \n vehicles, and other materials entering the United States from \n Mexico'', approved January 31, 1942 (56 Stat. 40); by the Act \n entitled ``An Act to regulate the importation of nursery stock \n and other plants and plant products; to enable the Secretary of \n Agriculture to establish and maintain quarantine districts for \n plant diseases and insect pests; to permit and regulate the \n movement of fruits, plants, and vegetables therefrom, and for \n other purposes'', approved August 20, 1912 (37 Stat. 315); by \n the first paragraph under the subheading ``Enforcement of the \n Plant-Quarantine Act'' under the heading ``Miscellaneous'' in \n the Act entitled ``An Act making appropriations for the \n Department of Agriculture for the fiscal year ending June \n thirtieth, nineteen hundred and fourteen'', approved March 4, \n 1913 (37 Stat. 853), insofar as such paragraph relates to the \n importation of certain plants for scientific purposes; by the \n second, third, and fourth paragraphs under the subheading \n ``Enforcement of the Plant-Quarantine Act'' under the heading \n ``Miscellaneous'' in the Act entitled ``An Act making \n appropriations for the Department of Agriculture for the fiscal \n year ending June thirtieth, nineteen hundred and sixteen'', \n approved March 4, 1915 (38 Stat. 1113); and by section 11 of \n the Act entitled ``An Act for the establishment of a Bureau of \n Animal Industry, to prevent the exportation of diseased cattle, \n and to provide for the suppression and extirpation of \n pleuropneumonia and other contagious diseases among domestic \n animals'', approved May 29, 1884 (23 Stat. 31);\n (8) the Federal-State cooperative programs of forest \n protection, management, and improvement performed under \n authority of the Act entitled ``An Act to provide for the \n protection of forest lands, for the reforestation of denuded \n areas, for the extension of national forests, and for other \n purposes, in order to promote the continuous production of \n timber on the lands chiefly suitable therefore'', approved June \n 7, 1924 (43 Stat. 653); of the ``Cooperative Forest Management \n Act'', approved August 25, 1950 (64 Stat. 473); and of the \n ``Forest Pest Control Act'', approved June 25, 1947 (61 Stat. \n 177); and the predecessor programs of any Act referred to in \n this paragraph;\n (9) the Federal-State cooperative programs of emergency \n relief, including State rural rehabilitation corporation \n programs, established for the purposes of the Federal Emergency \n Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the \n Act entitled ``An Act making an additional appropriation to \n carry out the purposes of the Federal Emergency Relief Act of \n 1933, for continuation of the civil works program, and for \n other purposes'', approved February 15, 1934 (48 Stat. 351); \n and title II of the Act entitled ``An Act making appropriations \n to supply deficiencies in certain appropriations for the fiscal \n year ending June 30, 1934, and prior fiscal years, to provide \n supplemental general and emergency appropriations for the \n fiscal years ending June 30, 1934, and June 30, 1935, and for \n other purposes'', approved June 19, 1934 (48 Stat. 1021);\n (10) the Federal-State Cooperative Veterans' educational \n programs, including part-time instruction in on-the-farm \n training programs, as provided for in title II, chapter IV, \n ``Education of Veterans'', of the ``Serviceman's Readjustment \n Act of 1944'', approved June 22, 1944 (58 Stat. 287), and \n subsequent amendments and Acts pertaining thereto; and\n (11) the Federal-State cooperative programs in wildlife \n restoration and in fish restoration and management authorized \n respectively by the Acts entitled ``An Act to provide that the \n United States shall aid these States in wildlife restoration \n projects, and for other purposes'', approved September 2, 1937 \n (50 Stat. 917), and popularly referred to as the ``Pittman-\n Robertson Act'', and ``An Act to provide that the United States \n shall aid the States in fish restoration and management \n projects, and for other purposes'', approved August 9, 1950 (64 \n Stat. 431), and popularly referred to as the ``Dingell-Johnson \n Act'', and the program of animal damage control authorized by \n the Act entitled ``An Act to authorize the Secretary of \n Agriculture to carry out his ten-year cooperative program for \n the eradication, suppression, or bringing under control of \n predatory and other wild animals injurious to agriculture, \n horticulture, forestry, animal husbandry, wild game, and other \n interests, and for the suppression of rabies and tularemia in \n predatory or other wild animals, and for other purposes'', \n approved March 2, 1931 (46 Stat. 1468), as amended and \n supplemented.\n (c) Certification.--The Office of Personnel Management shall, with \nrespect to any service for which credit is sought under this Act, \naccept the certification of the Secretary of Agriculture or his \ndesignee.\n\nSEC. 4. APPLICABILITY TO ANNUITANTS.\n\n (a) In General.--An annuity or survivor annuity--\n (1) computed in whole or in part in accordance with \n subchapter III of chapter 83 of title 5, United States Code,\n (2) which is based on the service of an individual who \n performed service described in section 3, and\n (3) the commencement date of which precedes the date of the \n enactment of this Act,\nshall be recomputed in accordance with section 3 if application \ntherefor is made, and the deposit requirement under section 3(a) is \nmet, within 6 months after the date of the enactment of this Act.\n (b) Recomputation Rule.--Any change in an annuity or survivor \nannuity resulting from a recomputation under subsection (a) shall be \neffective as of the first day of the first month which begins after the \ndate of the enactment of this Act.\n\nSEC. 5. DEFINITION.\n\n For the purpose of this Act, the term ``State'' includes the \nDistrict of Columbia, Puerto Rico, Guam, American Samoa, the Virgin \nIslands, and the territories of Hawaii and Alaska prior to statehood.","summary":"Cooperative Agricultural Programs Extended Retirement Credit Act of 1993 - Provides for crediting under certain conditions, service in certain Federal-State cooperative agricultural and other programs under the Civil Service Retirement System.","title":"Cooperative Agricultural Programs Extended Retirement Credit Act of 1993","text_len":12812,"sum_len":243} {"bill_id":"107_s1444","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Air Marshals and Safe Sky \nAct of 2001''.\n\nSEC. 2. PROGRAM ESTABLISHED.\n\n (a) In General.--Chapter 37 of title 28, United States Code, is \namended by adding at the end the following:\n``Sec. 570. Federal air marshals program\n ``(a) Definitions.--In this section:\n ``(1) Aircraft.--The term `aircraft' has the meaning given \n that term in section 40102 of title 49.\n ``(2) Air transportation.--The term `air transportation' \n has the meaning given that term in section 40102 of title 49.\n ``(3) Program.--The term `program' means the program \n established under subsection (c).\n ``(4) Units of local government.--The term `units of local \n government' includes an airport authority.\n ``(b) Responsibility for Airport and Aircraft Safety.--This section \nshall govern the security at airports and on board commercial aircraft.\n ``(c) Federal Air Marshals Program.--\n ``(1) Goal.--The goal of the program is to provide maximum \n security at airports and on board commercial aircraft by having \n the Federal Government be responsible for all phases of \n security for air passengers.\n ``(2) Establishment of federal air marshals program.--\n ``(A) Establishment.--The Attorney General shall \n establish a Federal Air Marshals program consisting of \n Federal Air Marshals, including the Federal Air \n Marshals participating in the Federal Air Marshals \n Program being administered by the Federal Aviation \n Administration before the effective date of this \n section, and Deputy Federal Air Marshals in order to \n provide maximum security at airports and on board \n commercial aircraft.\n ``(B) Federal air marshals.--Federal Air Marshals \n shall serve for the purpose of enforcing Federal laws \n that regulate security at airports and on board \n commercial aircraft, including laws relating to acts of \n terrorism, hijacking, or aircraft piracy and laws \n relating to violent, abusive, or disruptive behavior by \n passengers in air transportation.\n ``(C) Deputy federal air marshals.--\n ``(i) In general.--The Attorney General \n shall deputize individuals described in clause \n (ii) as Deputy Federal Air Marshals for the \n purpose of augmenting and assisting Federal Air \n Marshals.\n ``(ii) Personnel.--The Attorney General \n shall utilize retired military personnel, \n retired Federal, State, and local law \n enforcement personnel, and active-duty Federal, \n State, and local law enforcement personnel from \n other government departments and agencies as \n Deputy Federal Air Marshals.\n ``(iii) Compensation.--The Attorney General \n may employ personnel described in clause (ii)--\n ``(I) as volunteers;\n ``(II) by paying a reasonable per \n diem;\n ``(III) by employing a fee-for-\n service or contract arrangement; or\n ``(IV) using any other method \n authorized by law.\n ``(3) Consultation.--In establishing the program, the \n Attorney General shall consult with appropriate officials of--\n ``(A) the United States Government (including the \n Administrator of the Federal Aviation Administration or \n his designated representative); and\n ``(B) State and local governments in any geographic \n area in which the program may operate.\n ``(4) Certification, training and examination of air \n marshals; prior approval of employer to serve as deputy air \n marshal.--\n ``(A) In general.--Under the program, the Attorney \n General shall provide appropriate training and \n supervision of all air marshals, as well as appropriate \n background and fitness examination of eligible \n candidates as part of their certification.\n ``(B) Employer approval.--Active Federal, State, or \n local law enforcement officers who serve as Deputy \n Federal Air Marshals shall receive approval to \n participate in the program from their employer.\n ``(d) Powers and Status of Federal Air Marshals and Deputy Air \nMarshals.--\n ``(1) In general.--Subject to paragraph (2), Federal Air \n Marshals and Deputy Federal Air Marshals may arrest and \n apprehend an individual suspected of violating any Federal law \n relating to security at airports or on board aircraft, \n including any individual who violates a provision subject to a \n civil penalty under section 46301, 46302, 46303, 46314, 46318, \n 46502, 46504, 46505, or 46507 of title 49, or who commits an \n act described in section 46506 of title 49, or who violates a \n provision subject to a criminal penalty under sections 32 and \n 37 of title 18.\n ``(2) Limitation.--The powers granted to a Deputy Federal \n Air Marshal shall be limited to enforcing Federal laws relating \n to security at airports or on board aircraft.\n ``(e) Statutory Construction.--Nothing in this section may be \nconstrued to--\n ``(1) grant any Federal Air Marshal or Deputy Federal Air \n Marshal the power to enforce any Federal law that is not \n described in subsection (d); or\n ``(2) limit the authority that a Federal, State, or local \n law enforcement officer may otherwise exercise in the officer's \n capacity under any other applicable law.\n ``(f) Regulations.--The Attorney General shall promulgate such \nregulations as may be necessary to carry out this section.\n ``(g) Cost Sharing.--The costs of the program shall be paid by--\n ``(1) the airlines in an amount not less than the amount \n (as adjusted for inflation after the effective date of this \n section) the airlines were paying for airport security on the \n date before the effective date of this section;\n ``(2) State and units of local government in an amount not \n less than the amount (as adjusted for inflation after the \n effective date of this section) the States and units of local \n government were paying for airport security on the date before \n the effective date of this section; and\n ``(3) the Federal Government.\n ``(h) Authorization of Appropriations.--\n ``(1) In general.--Subject to paragraph (2), there are \n authorized to be appropriated to carry out this section such \n sums as may be necessary.\n ``(2) Limitation.--The Federal share of carrying out this \n section shall be limited to the cost of the program after \n payments by airlines and States and units of local government \n pursuant to subsection (g).''.\n\nSEC. 3. REPEAL.\n\n Section 44903 of title 49, United States Code, is repealed.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 90 \ndays after the date of enactment of this Act.","summary":"Federal Air Marshals and Safe Sky Act of 2001 - Amends Federal law to require the Attorney General to establish a Federal Air Marshals program consisting of Federal Air Marshals and Deputy Federal Air Marshals to provide maximum security at airports and on board commercial aircraft by enforcing Federal laws related to acts of terrorism, hijacking, or aircraft piracy and laws relating to violent, abusive, or disruptive behavior by passengers in air transportation. Requires the Attorney General to provide appropriate training and supervision of all air marshals, as well as appropriate background and fitness examination of eligible candidates as part of their certification. Requires the cost of such program to be shared by the airlines, State and local governments, and the Federal Government.","title":"A bill to establish a Federal air marshals program under the Attorney General.","text_len":7909,"sum_len":800} {"bill_id":"110_hr3094","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Park Centennial Fund Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Fund.--The term ``Fund'' means the National Park \n Centennial Fund established under section 3.\n (2) In-kind.--The term ``in-kind'' means the fair market \n value of non-cash contributions provided by non-Federal \n partners, which may be in the form of real property, equipment, \n supplies and other expendable property, as well as other goods \n and services.\n (3) Project or program.--The term ``Project or program'' \n means a National Park Centennial Project or Program funded \n pursuant to this Act.\n (4) Proposal.--The term ``Proposal'' means a National Park \n Centennial Proposal submitted pursuant to section 4.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. NATIONAL PARK CENTENNIAL FUND.\n\n There is established in the Treasury of the United States a fund \nwhich shall be known as the National Park Centennial Fund. In each \nfiscal year from fiscal year 2009 through fiscal year 2018, the \nSecretary of the Treasury shall deposit into the Fund, from the general \ntreasury, $30,000,000 each fiscal year.\n\nSEC. 4. PROGRAM ALLOCATION.\n\n (a) In General.--Each fiscal year, the President's annual budget \nsubmission for the Department of the Interior shall include a list of \nproposals which shall be known as National Park Centennial Proposals. \nThe Secretary shall establish a standard process for developing the \nlist that shall encourage input from both the public and a broad cross-\nsection of employees at every level of the National Park Service. The \nlist--\n (1) shall include proposals having an aggregate cost to the \n Federal Government equal to the unobligated amount in the Fund;\n (2) shall include only proposals consistent with National \n Park Service policies and adopted park planning documents;\n (3) may include proposals for any area within the national \n park system (as that term is defined in section 2 of the Act of \n August 8, 1953 (16 U.S.C. 1c)), clusters of areas within such \n system, a region or regions of such system, or such system in \n its entirety;\n (4) shall cumulatively represent a nationwide array of \n proposals that is diverse geographically, in size, scope, \n magnitude, theme, and variety under the initiatives described \n in subsection (b);\n (5) shall give priority to proposals demonstrating long-\n term viability beyond receipts from the Fund;\n (6) shall include only proposals meeting the requirements \n of one or more of the initiatives set forth in subsection (b);\n (7) must contain proposals under each of the initiatives \n set forth in subsection (b); and\n (8) shall give priority to proposals with committed, \n nonfederal support but shall also include proposals funded \n entirely by the Fund.\n (b) National Park Centennial Initiatives.--The requirements \nreferred to in subsection (a)(6) are as follows:\n (1) Education in parks centennial initiative.--Proposals \n for the ``Education in Parks Centennial Initiative'' shall meet \n the following requirements:\n (A) Priority shall be given to proposals designed \n to increase National Park-based educational \n opportunities for elementary, secondary and college \n students particularly those from populations \n historically under represented among visitors to the \n National Park System.\n (B) Priority shall be given to proposals designed \n to bring students into the National Park System in \n person.\n (C) Proposals should include strategies for \n encouraging young people to become lifelong advocates \n for National Parks.\n (D) Proposals shall be developed in consultation \n with the leadership of educational and youth \n organizations expected to participate in the proposed \n initiative.\n (2) Diversity in parks centennial initiative.--\n (A) Study.--Not later than 1 year after the date of \n the enactment of this Act, the Secretary shall submit \n to the Committee on Natural Resources of the House of \n Representatives and the Committee on Energy and Natural \n Resources of the Senate a report detailing a service-\n wide strategy for increasing diversity among National \n Park Service employees at all levels and visitors to \n the National Park System.\n (B) Proposals.--Proposals for the ``Diversity in \n Parks Centennial Initiative'' shall meet the following \n requirements:\n (i) Each proposal shall be based on \n recommendations contained in the report \n required in subparagraph (A).\n (ii) Each proposal shall be designed to \n make National Park Service employees, visitors \n to the National Park System, or both, reflect \n the diversity of the population of the United \n States.\n (3) Supporting park professionals centennial initiative.--\n Proposals for the ``Supporting Park Professionals Centennial \n Initiative'' shall meet the following requirements:\n (A) Taken as a whole, proposals shall provide \n specific opportunities for National Park Service \n employees, at all levels, to participate in \n professional career development.\n (B) Proposals may include National Park Service-\n designed, internal professional development programs.\n (C) Proposals may also be designed to facilitate \n participation in external professional development \n programs or established courses of study by National \n Park Service employees.\n (4) Environmental leadership centennial initiative.--\n Proposals for the ``Environmental Leadership Centennial \n Initiative'' shall meet the following requirements:\n (A) Each proposal shall be designed to do one or \n more of the following:\n (i) Reduce harmful emissions.\n (ii) Conserve energy or water resources.\n (iii) Reduce solid waste production within \n the National Park System.\n (B) Each proposal shall include strategies for \n educating the public regarding Environmental Leadership \n projects and their results.\n (C) Priority shall be given to proposals with the \n potential to spread technological advances to other \n Federal agencies or to the private sector.\n (5) Natural resource protection centennial initiative.--\n Proposals for the ``Natural Resource Protection Centennial \n Initiative'' shall meet the following requirements:\n (A) Each proposal shall be designed to restore or \n conserve native ecosystems within the National Park \n System.\n (B) Priority shall be given to proposals designed \n to control invasive species.\n (C) Each proposal shall be based on the best \n available scientific information.\n (6) Cultural resource protection centennial initiative.--\n Proposals for the ``Cultural Resource Protection Centennial \n Initiative'' shall--\n (A) either--\n (i) increase the National Park Service's \n knowledge of cultural resources located within \n the National Park System through means \n including, but not limited to, surveys, \n studies, mapping, and documentation of such \n resources; or\n (ii) improve the condition of documented \n cultural resources within the National Park \n System;\n (B) incorporate the best available scientific \n information; and\n (C) where appropriate, be developed in consultation \n with Native American tribes, State historic \n preservation offices, or other organizations with \n cultural resource preservation expertise.\n (7) Health and fitness in parks centennial initiative.--\n (A) In general.--Proposals for the ``Health and \n Fitness in Parks Centennial Initiative'' shall fall \n into one or more of the following four categories:\n (i) Proposals designed to repair, \n rehabilitate, or otherwise improve \n infrastructure, including trails, that \n facilitates healthy outdoor activity within the \n National Park System.\n (ii) Proposals designed to expand \n opportunities for access to the National Park \n System for visitors with disabilities.\n (iii) Proposals to develop and implement \n management plans (such as climbing plans and \n trail system plans) for activities designed to \n increase the health and fitness of visitors to \n the National Park System.\n (iv) Proposals to develop outreach programs \n and media that provide public information \n regarding health and fitness opportunities \n within the National Park System.\n (B) Miscellaneous requirements.--All proposals for \n ``the Health and Fitness in Parks Centennial \n Initiative'' shall--\n (i) be consistent with National Park \n Service policies and adopted park planning \n documents; and\n (ii) be designed to provide for visitor \n enjoyment in such a way as to leave the \n National Park System unimpaired for future \n generations.\n (c) Funding.--In each of fiscal years 2009 through 2018, \nunobligated amounts in the Fund shall be available without further \nappropriation for projects authorized by this Act, but may not be \nobligated or expended until 120 days after the annual submission of the \nlist of proposals required under this section to allow for \nCongressional review.\n (d) Limitation on Distribution of Funds.--No more than 30 percent \nof amounts available from the Fund for any fiscal year may be spent on \nprojects that are for the construction of facilities that cost in \nexcess of $5,000,000.\n\nSEC. 5. PARTNERSHIPS.\n\n (a) Donations.--The Secretary may actively encourage and facilitate \nparticipation in proposals from non-Federal and philanthropic partners, \nand may accept donations, both monetary and in-kind for any Project or \nProgram pursuant to section 1 of the Act of June 5, 1920 (16 U.S.C. 6), \nand other authorities to accept donations existing on the date of \nenactment of this Act.\n (b) Terms and Conditions.--To the extent that private organizations \nor individuals are to participate in or contribute to any Project or \nProgram, the terms and conditions of that participation or contribution \nas well as all actions of employees of the National Park Service, shall \nbe governed by National Park Service Directors Order #21, ``Donations \nand Fundraising'', as in force on the date of the enactment of this \nAct.\n\nSEC. 6. MAINTENANCE OF EFFORT.\n\n Amounts made available from the Fund shall supplement rather than \nreplace annual expenditures by the National Park Service, including \nauthorized expenditures from the Land and Water Conservation Fund and \nthe National Park Service Line Item Construction Program. The National \nPark Service shall maintain adequate, permanent staffing levels and \npermanent staff shall not be replaced with nonpermanent employees hired \nto carry out this Act or Projects or Programs carried out with funds \nprovided under this Act.\n\nSEC. 7. REPORTS.\n\n For each fiscal year beginning in fiscal year 2009, the Secretary \nshall submit to Congress a report that includes the following:\n (1) A detailed accounting of all expenditures from the Fund \n divided by categories of proposals under section 4(b), \n including a detailed accounting of any private contributions, \n either in funds or in kind, to any Project or Program.\n (2) A cumulative summary of the results of the National \n Park Centennial program including recommendations for revisions \n to the program.\n (3) A statement of whether the National Park Service has \n maintained adequate, permanent staffing levels and what \n nonpermanent and permanent staff have been hired to carry out \n this Act or Projects or Programs carried out with funds \n provided under this Act.\n\nSEC. 8. REPEAL OF LAND AND WATER CONSERVATION FUND CONTRACT AUTHORITY.\n\n (a) In General.--Section 9 of the Land and Water Conservation Fund \nAct of 1965 (16 U.S.C. 460l-10a) is hereby repealed.\n (b) Conforming Amendment.--The Land and Water Conservation Fund Act \nof 1965 is amended by redesignating sections 10 through 13 (16 U.S.C. \n460l-10b through 460l-10e) as sections 9 through 12, respectively.\n ","summary":"National Park Centennial Fund Act - Establishes in the Treasury the National Park Centennial Fund, into which there shall be deposited from the general treasury $30 million for each fiscal year from FY2009 through FY2018. Requires the President's annual budget submission for the Department of the Interior to include a list of National Park Centennial Proposals. Directs the Secretary of the Treasury to establish a standard process for the development of the list which shall encourage input from both the public and a broad cross-section of employees at every level of the National Park Service (NPS). Requires the list to, among other things: (1) give priority to proposals demonstrating long-term viability beyond receipts from the Fund. (2) contain proposals under each of the initiatives set forth in this Act. And (3) give priority to proposals with committed, nonfederal support, but to also include proposals funded entirely by the Fund. Specifies that the list include proposals that meet the requirements of one or more of : (1) an Education in Parks Centennial Initiative, (2) a Diversity in Parks Centennial Initiative, (3) a Supporting Park Professionals Centennial Initiative, (4) an Environmental Leadership Centennial Initiative, (5) a Natural Resource Protection Centennial Initiative, (6) a Cultural Resource Protection Centennial Initiative. And (7) a Health and Fitness in Parks Centennial Initiative. Requires, with respect to the Diversity in Parks Centennial Initiative, submission of a report detailing a service-wide strategy for increasing diversity among NPS employees at all levels and visitors to the National Park System. Makes, from FY2009-FY2018, unobligated amounts in the Fund available for projects authorized by this Act, but bars such amounts from being obligated or expended until 120 days after the annual submission of the list of proposals to allow for congressional review. Prohibits more than 30 of amounts available from the Fund for any fiscal year from being spent on projects that are for the construction of facilities the cost of which exceeds $5 million. Authorizes the Secretary of the Interior to encourage and facilitate participation in proposals from non-federal and philanthropic partners, and to accept donations. States that amounts made available from the Fund shall supplement rather than replace annual expenditures by the NPS. Requires the NPS to maintain adequate, permanent staffing levels and prohibits the replacement of permanent staff with nonpermanent employees hired to carry out this Act. Requires the Secretary to submit to Congress a report that includes: (1) an accounting of expenditures from the Fund. (2) a cumulative summary of the results of the National Park Centennial program. And (3) a statement of whether the NPS has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act. Repeals requirements under the Land and Water Conservation Fund Act of 1965 permitting the obligation of up to $30 million during each fiscal year for the acquisition of lands, waters, or interests in the National Park System for recreation purposes.","title":"To establish in the Treasury of the United States a fund which shall be known as the National Park Centennial Fund, and for other purposes.","text_len":14394,"sum_len":3182} {"bill_id":"103_hr4724","text":"SECTION 1. ELIGIBILITY.\n\n (a) Reservists Discharged Because of a Service-Connected \nDisability.--Section 3701(b)(5)(A) of title 38, United States Code, is \namended--\n (1) by inserting ``(i)'' before ``who has''; and\n (2) by striking out the period at the end thereof and \n inserting in lieu thereof ``, or (ii) who was discharged or \n released from the Selected Reserve before completing 6 years of \n service because of a service-connected disability.''.\n (b) Surviving Spouses of Reservists Who Died While in Active \nMilitary, Naval, or Air Service.--The second sentence of section \n3701(b)(2) of such title is amended--\n (1) by inserting ``or service in the Selected Reserve'' \n after ``duty'' each place it appears; and\n (2) by striking out ``spouse shall'' and inserting in lieu \n thereof ``deceased spouse shall''.\n\nSEC. 2. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS.\n\n Section 3704 of title 38, United States Code, is amended--\n (1) by striking out subsection (e); and\n (2) by redesignating subsections (f) and (g) as subsections \n (e) and (f), respectively.\n\nSEC. 3. REFINANCING LOANS.\n\n (a) Authority To Guarantee Home Refinance Loans for Energy \nEfficiency Improvements.--\n (1) Loans.--(A) Section 3710(a) of title 38, United States \n Code, is amended by adding after paragraph (10) the following:\n ``(11) To refinance in accordance with subsection (e) of \n this section an existing loan guaranteed, insured, or made \n under this chapter, and to improve the dwelling securing such \n loan through energy efficiency improvements, as provided in \n subsection (d) of this section.''.\n (B) Section 3710(e)(1) of such title is amended by \n inserting ``or subsection (a)(11)'' after ``subsection \n (a)(8)''.\n (2) Fee.--Section 3729(a)(2)(E) of such title is amended by \n inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.\n (b) Refinancing Adjustable Rate Mortgages to Fixed Rate \nMortgages.--Section 3710(e)(1)(A) of such title is amended--\n (1) by inserting ``(i)'' after ``(A);\n (2) by inserting ``or'' at the end of clause (i), as \n designated by paragraph (1) of this subsection; and\n (3) by adding after such clause (i), the following:\n ``(ii) the loan bears interest at a fixed rate that is \n agreed upon by the veteran and the mortgagee, and the loan \n being refinanced is an adjustable rate loan.''.\n\nSEC. 4. MANUFACTURED HOME LOAN INSPECTIONS.\n\n (a) Certification of Conformity With Standards.--Section 3712(h) of \ntitle 38, United States Code, is amended by amending paragraph (2) to \nread as follows:\n ``(2) Any manufactured housing unit properly displaying a \ncertification of conformity to all applicable Federal manufactured home \nconstruction and safety standards pursuant to section 616 of the \nNational Manufactured Housing Construction and Safety Standards Act of \n1974 (42 U.S.C. 5415) shall be deemed to meet the standards required by \nparagraph (1) of this subsection.''.\n (b) Repeal of Inspection Requirements.--Section 3712(j) of such \ntitle is amended--\n (1) by striking out ``refuses to permit the inspections \n provided for in subsection (h) of this section; or in the case \n of manufactured homes which are determined by the Secretary not \n to conform to the aforesaid standards; or where the \n manufacturer of manufactured homes''; and\n (2) by striking ``warranty.'' and inserting in lieu thereof \n ``warranty; in the case of manufactured homes which are \n determined by the Secretary not to conform to the standards \n provided for in subsection (h) of this section; or in the case \n of a manufacturer who has engaged in procedures or practices \n determined by the Secretary to be unfair or prejudicial to \n veterans or the Government.''.\n (c) Elimination of Reporting Requirement.--Section 3712(l) of such \ntitle is amended--\n (1) by striking out ``the results of inspections required \n by subsection (h) of this section,''; and\n (2) by striking out ``section, and'' and inserting in lieu \n thereof ``section and''.\n\nSEC. 5. PROCEDURES ON DEFAULT.\n\n (a) In General.--Paragraph (7) of section 3732(c) of title 38, \nUnited States Code, is amended--\n (1) by striking out ``that was the minimum amount for \n which, under applicable State law, the property was permitted \n to be sold at the liquidation sale'' in the matter preceding \n subparagraph (A);\n (2) by striking out ``the Secretary may accept conveyance \n of the property to the United States for a price not \n exceeding'' and inserting in lieu thereof ``(i) the amount was \n the minimum amount for which, under applicable State law, the \n property was permitted to be sold at the liquidation sale, the \n holder shall have the option to convey the property to the \n United States in return for payment by the Secretary of an \n amount equal to'';\n (3) by striking out ``and'' at the end of clause (i), as so \n designated by paragraph (2), and inserting in lieu thereof \n ``or'';\n (4) by adding after such clause (i) the following:\n ``(ii) there was no minimum amount for which the property \n had to be sold at the liquidation sale under applicable State \n law, the holder shall have the option to convey the property to \n the United States in return for payment by the Secretary of an \n amount equal to the lesser of such net value or total \n indebtedness; and''; and\n (5) in subparagraph (B), by striking out ``paragraph \n (6)(B)'' and inserting in lieu thereof ``paragraph (6)''.\n (b) Conforming Amendment.--Paragraph (6) of such section is \namended--\n (1) by striking out ``either''; and\n (2) by striking out ``sale or acquires'' and all that \n follows through ``(B) the'' and inserting in lieu thereof \n ``sale, the''.\n\nSEC. 6. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.\n\n Section 5303A(b)(3) of title 38, United States Code, is amended--\n (1) by striking out ``or'' at the end of subparagraph (E);\n (2) by striking out the period at the end of subparagraph \n (F) and inserting in lieu thereof ``; or''; and\n (3) by inserting after subparagraph (F) the following:\n ``(G) to benefits under chapter 37 of this title by \n reason of discharge or release from active duty as a \n result of a reduction in force, as determined by the \n Secretary of the military department concerned in \n accordance with regulations prescribed by the Secretary \n of Defense or by the Secretary of Transportation with \n respect to the Coast Guard when it is not operating as \n a service in the Navy.''.\n\n Passed the House of Representatives August 1, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"Makes eligible for the veterans' housing loan program: (1) members of the Selected Reserve discharged or released before completion of six years of service because of a service-connected disability. And (2) surviving spouses of reservists who die while on active duty. Repeals a Federal provision prohibiting guaranteed housing loans to veterans for property not served by a public or adequate community water and sewage system. Authorizes the Secretary of Veterans Affairs to guarantee to refinance loans of veterans making energy efficiency improvements. Allows for the charging of a guaranteed housing loan fee for such loan. Provides for the guaranteeing of refinance loans made to change a mortgage from an adjustable to a fixed rate. Provides authority for guaranteeing loans made to purchase a manufactured home if the home displays a certification of conformity with Federal manufactured home construction and safety standards. Repeals certain inspection requirements with respect to such manufactured homes, as well as a reporting requirement concerning such inspections. Revises certain default procedures with respect to guaranteed housing loans. Excludes from certain minimum active-duty service requirements, for purposes of eligibility for veterans' guaranteed housing loans, those veterans whose discharge or release from active duty was the result of a reduction in force.","title":"To amend title 38, United States Code, relating to veterans housing programs, and for other purposes.","text_len":7426,"sum_len":1388} {"bill_id":"108_hr3683","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cameron Gulbransen Kids and Cars \nSafety Act of 2003''.\n\nSEC. 2. EVALUATION OF DEVICES AND TECHNOLOGY TO REDUCE CHILD INJURY AND \n DEATH FROM PARKED OR UNATTENDED MOTOR VEHICLES.\n\n (a) In General.--The Secretary of Transportation shall evaluate--\n (1) devices and technologies intended to reduce the \n incidence of child injury and child death occurring outside of \n parked motor vehicles in nontraffic, noncrash events, including \n backing-over incidents, that are caused by such vehicles, and \n determining which of those methods is the most effective; and\n (2) currently available technology to prevent injury and \n death of children left unattended inside of parked motor \n vehicles, including injury or death due to hyperthermia, power \n windows, or power sunroofs.\n (b) Report.--The Secretary of Transportation shall submit a report \non the findings and determinations of the evaluation under this section \nto the Congress by not later than one year after the date of the \nenactment of this Act.\n (c) Completion of Rulemaking Regarding Power Windows.--The \nSecretary of Transportation shall by not later than 6 months after the \nsubmission of the report under subsection (b) complete any rulemaking \nbegun before the date of the enactment of this Act regarding power \nwindows and power window switches.\n\nSEC. 3. DATABASE FOR TRACKING THE NUMBER AND TYPES OF INJURIES AND \n DEATHS IN NONTRAFFIC, NONCRASH EVENTS.\n\n (a) Establishment.--The Secretary of Transportation shall establish \na database of (or modify an existing database to include), and collect \ndata regarding, the numbers and types of injuries and deaths in \nnontraffic, noncrash events involving motor vehicles.\n (b) Included Information.--The Secretary of Transportation shall \ncollect and include in such database the following information:\n (1) The types, makes, models, and model years of motor \n vehicles involved in nontraffic, noncrash events.\n (2) Whether there was an operator of each motor vehicle in \n such events.\n (3) The age of each operator of such motor vehicles.\n (4) The age of each individual who suffered injury or death \n in such events.\n (5) Whether each motor vehicle had technology installed to \n detect individuals and objects behind it.\n (6) The degree of injury to each individual who suffered \n injury or death in such events.\n (7) The location of which the injury or death occurred.\n (8) Any other information prescribed by the Secretary of \n Transportation.\n (c) Availability.--The Secretary of Transportation shall make \ninformation in the database under this section available to the public, \nthrough--\n (1) an Internet page of the Department of Transportation; \n and\n (2) annual reports.\n\nSEC. 4. MOTOR VEHICLE BACKOVER PREVENTION TECHNOLOGY EVALUATION.\n\n (a) In General.--The Secretary of Transportation shall evaluate the \navailable technologies for detecting and preventing collisions with \nindividuals and objects behind a motor vehicle, with respect to the \naccuracy, effectiveness, cost, and feasibility of installation of such \ntechnologies in a wide variety of motor vehicles.\n (b) Report.--The Secretary of Transportation shall submit a report \non the findings of the evaluation under this section to the Congress by \nnot later than one year after the date of the enactment of this Act.\n\nSEC. 5. MOTOR VEHICLE SAFETY STANDARDS REQUIRING BACKUP DETECTION \n DEVICES.\n\n (a) In General.--Based on the findings of the evaluation under \nsection 4, the Secretary of Transportation shall prescribe motor \nvehicle safety standards that--\n (1) require the installation, as standard equipment on a \n new motor vehicle, of devices for detecting, and providing to \n operators of such a vehicle a warning of, individuals and \n objects behind the motor vehicle; and\n (2) establish requirements for the performance of such \n devices.\n (b) Phased-In Application.--Standards prescribed under this section \nshall take effect (as specified by the standards) over the 3-year \nperiod beginning on the date of the submission of the report under \nsection 4(b), as follows:\n (1) With respect to light trucks (as defined by the \n Administration for purposes of the standards), by not later \n than the end of the 2-year period beginning on such date.\n (2) With respect to other passenger motor vehicles \n specified by the Secretary of Transportation, after the end of \n such 2-year period and by not later than the end of the 3-year \n period beginning on such date.\n\nSEC. 6. MOTOR VEHICLE SAFETY STANDARDS FOR POWER WINDOWS AND POWER \n SUNROOFS.\n\n The Secretary of Transportation shall, by not later than 1 year \nafter the date of the enactment of this Act, prescribe motor vehicle \nsafety standards for power windows and power sunroofs, that--\n (1) ensure that the operation of power windows, power \n window switches, and power sunroofs cannot result in deaths and \n injuries; and\n (2) require inclusion with power windows and power sunroofs \n of--\n (A) child-safe switches; and\n (B) auto reverse technology.","summary":"Cameron Gulbransen Kids and Cars Safety Act of 2003 - Directs the Secretary of Transportation to: (1) evaluate devices and technologies to reduce child injuries and deaths occurring outside of parked motor vehicles in non-traffic, non-crash events or inside of parked vehicles when children are left unattended. (2) establish a database of, and collect data on, the number and types of injuries and deaths in such events. (3) evaluate technologies for detecting and preventing collisions with individuals and objects behind motor vehicles. (4) prescribe safety standards to require devices for detecting individuals and objects behind motor vehicles. And (5) prescribe safety standards for power windows and power sunroofs, including requirements for child-safe switches and auto reverse technology.","title":"To direct the Secretary of Transportation to evaluate devices and technology for reducing the incidence of child injury and death occurring inside or outside of motor vehicles, and for other purposes.","text_len":5555,"sum_len":799} {"bill_id":"108_s1773","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biotechnology Future Investment \nExpansion Act of 2003''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) American bioscience research corporations conduct long-\n term research and development on breakthrough medical \n technologies. This commercial bioscience research industry \n forms an irreplaceable link between pure scientific discovery \n and the development of powerful biomedical products and \n technologies. It is critical to the maintenance of American \n competitiveness internationally that these long-term research \n and development projects be encouraged.\n (2) Such long-term research projects have the greatest \n potential to revolutionize whole fields of science and industry \n for the benefit of the standard of living of Americans; and to \n yield solutions for critical social needs, even though these \n solutions might not result in large sales and profits (such as \n ``orphan'' drugs and other treatments alleviating great \n suffering in their recipients).\n (3) Long-term biomedical research companies are among the \n most research-intensive and capital-intensive companies in the \n world.\n (4) In addition to the scientific and technical risks \n attending their long-term research programs, many biomedical \n research companies must subject their technologies to lengthy \n and expensive regulatory reviews before they are permitted \n access to the marketplace.\n (5) Biomedical research companies typically operate in \n financially challenging circumstances. These companies must \n engage in intensive research activity for many years in order \n to develop their products and earn profits. Many are small \n businesses lacking the internal cash flow, stability and \n borrowing capacity of large corporations.\n (6) The long-term commercial bioscience research industry \n is heavily dependent on outside sources of equity capital to \n fund lengthy and intensive research prior to earning any \n revenues. The industry's long lead times and high levels of \n scientific and regulatory risk often impede access to capital.\n (7) The longstanding national policy of Government support \n and tax incentives for breakthrough commercial research \n reflects a recognition that the capital marketplace tends to \n allocate insufficient resources to sustain the Nation's need \n for such foundational scientific research and development.\n (8) American long-term bioscience research companies \n constitute one of the core commercial sectors which Congress \n intended to benefit from existing tax incentives for commercial \n research.\n (9) However, the current Federal income tax incentives are \n simply not working in the case of many bioscience companies \n focused on breakthrough medical technologies.\n (10) Current Federal income tax incentives do not work as \n intended for most high technology bioscience companies because \n they typically incur net operating losses for a decade or more \n during their lengthy research and development phases and \n therefore receive no contemporaneous benefit from these tax \n incentives.\n (11) Further, Federal tax rules aimed chiefly at preventing \n corporate loss trafficking and tax-motivated mergers and \n acquisitions penalize these companies. The very process of \n raising successive increments of private capital through \n routine equity financings triggers these rules and subjects \n biomedical research companies to severe limitations on net \n operating loss and tax credit carryforwards. These limitations \n practically eliminate for the commercial bioscience industry \n any economic benefit from these tax incentives.\n (12) These tax incentives instead tend to favor investment \n by large, profitable companies, often engaged in secondary or \n tertiary research activities, and thus to discriminate against \nand to cause under-investment in longer-term breakthrough technologies, \na bias which is harmful to American competitiveness.\n (13) The inability to benefit from existing Federal income \n tax incentives for commercial research places long-term \n bioscience research companies at a substantial disadvantage in \n the capital marketplace where they must compete with other \n companies able to use these tax incentives currently.\n (14) A tax system that does not discriminate would ensure \n that existing tax incentives in favor of research and \n experimentation have the same cost-reducing impact on companies \n conducting both short-term and long-term research and thus \n render this tax incentive program neutral with regard to short-\n term and long-term research objectives, minimizing capital \n marketplace distortions caused by differences in tax and income \n status.\n (b) Purpose.--The purpose of this Act is to provide that long-term \nbiomedical research corporations will not incur limitations on \nresearch-related tax incentive carryforwards simply because they engage \nin the routine equity financings that are the financial lifeblood of \nthe industry.\n\nSEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH \n AND CLINICAL TRIALS.\n\n (a) In General.--Subsection (l) of section 382 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(9) Certain financing transactions of biomedical research \n corporations.--\n ``(A) General rule.--In the case of a biomedical \n research corporation, any owner shift involving a 5-\n percent shareholder which occurs as the result of a \n qualified investment during the testing period shall be \n treated for purposes of this section (other than this \n paragraph) as occurring before the testing period.\n ``(B) Biomedical research corporation.--For \n purposes of this paragraph, the term `biomedical \n research corporation' means, with respect to any \n qualified investment, any domestic corporation subject \n to tax under this subchapter which is not in bankruptcy \n and which, as of the time of the closing on such \n investment--\n ``(i) holds the rights to a drug or \n biologic for which an investigational new drug \n application is in effect under section 505 of \n the Federal Food, Drug, and Cosmetic Act, and\n ``(ii) certifies that, as of the time of \n such closing, the drug or biologic is under \n study in phase II or phase III of a clinical \n investigation carried out under such section.\n ``(C) Qualified investment.--For purposes of this \n paragraph, the term `qualified investment' means any \n acquisition of stock in a biomedical research \n corporation if such stock is acquired at its original \n issue (directly or through an underwriter), solely in \n exchange for cash, and the closing thereon occurs after \n the date of the enactment of this paragraph.\n ``(D) Stock issued in exchange for convertible \n debt.--For purposes of this paragraph, stock issued by \n a biomedical research corporation in exchange for its \n convertible debt (or stock deemed under this section to \n be so issued) shall be treated as stock acquired by the \n debt holder at its original issue and solely in \n exchange for cash if the debt holder previously \n acquired the convertible debt at its original issue and \n solely in exchange for cash. In the case of an \n acquisition of stock in exchange for convertible debt, \n the requirements of this paragraph shall be applied \n separately as of the time of closing on the investment \n in convertible debt, and as of the time of actual \n conversion (or deemed conversion under this section) of \n the convertible debt for stock, except that the \n requirements of subparagraph (H) shall be applied only \n as of the time of closing on the issuance of the \n convertible debt.\n ``(E) Biomedical research corporation must meet 5-\n year expenditure test with respect to any qualified \n investment.--\n ``(i) In general.--This paragraph shall not \n apply to a qualified investment in a biomedical \n research corporation unless such corporation \n meets the expenditure test for each year of the \n measuring period.\n ``(ii) Measuring period.--For purposes of \n this subparagraph, the term `measuring period' \n means, with respect to any qualified \n investment, the taxable year of the biomedical \n research corporation in which the closing on \n the investment occurs, the 2 preceding taxable \nyears, and the 2 subsequent taxable years.\n ``(iii) Clinical testing.--For purposes of \n this subparagraph, the term `clinical testing' \n means any human clinical testing which is \n carried out under any investigational new drug \n application in effect under section 505 of the \n Federal Food, Drug, and Cosmetic Act.\n ``(F) Effect of corporate redemptions on qualified \n investments.--Rules similar to the rules of section \n 1202(c)(3) shall apply to qualified investments under \n this paragraph except that `stock acquired in a \n qualified investment' shall be substituted for \n `qualified small business stock' each place it appears \n therein.\n ``(G) Effect of other transactions between \n biomedical research corporations and investors making \n qualified investments.--\n ``(i) In general.--If, during the 2-year \n period beginning 1 year before any qualified \n investment, the biomedical research corporation \n engages in another transaction with a member of \n its qualified investment group and such \n biomedical research corporation receives any \n consideration other than cash in such \n transaction, there shall be a presumption that \n stock received in the otherwise qualified \n investment transaction was not received solely \n in exchange for cash.\n ``(ii) Qualified investment group.--For \n purposes of this subparagraph, the term \n `qualified investment group' means, with \n respect to any qualified investment, one or \n more persons who receive stock issued in \n exchange for the qualified investment, and any \n person related to such persons within the \n meaning of section 267(b) or section 707(b).\n ``(iii) Regulations.--The Secretary shall \n promulgate regulations exempting from this \n subparagraph transactions which are customary \n in the bioscience research industry and are of \n minor value relative to the amount of the \n qualified investment.\n ``(H) Proceeds of qualified investments shall be \n devoted to research on preexisting technology.--\n ``(i) In general.--This paragraph shall not \n apply to any qualified investment unless the \n net proceeds of such qualified investment do \n not exceed the excess of--\n ``(I) the sum of the biomedical \n research corporation's aggregate \n qualifying clinical expenditures for \n the 3 years following the qualified \n investment, over\n ``(II) three times the \n corporation's qualifying clinical \n expenditures for the year preceding the \n qualified investment, plus the amount \n of the corporation's cash and cash \n equivalents immediately before the \n closing on the qualified investment.\n ``(ii) Qualifying clinical expenditures.--\n For purposes of this subparagraph, the term \n `qualifying clinical expenditures' means \n amounts described in section 41(b) which are \n paid or incurred by a biomedical research \n corporation for clinical testing in connection \n with a drug or biologic for which an \n investigational new drug application is in \n effect under section 505 of the Federal Food, \n Drug, and Cosmetic Act and which is (at the \n time of the closing on the qualified \n investment) under study in phase II or phase \n III of a clinical investigation carried out \n under such section.\n ``(I) Regulations.--The Secretary may issue such \n regulations as may be appropriate to achieve the \n purposes of this paragraph, to prevent abuse, and to \n provide for treatment of biomedical research \n corporations under sections 383 and 384 that is \n consistent with the purposes of this paragraph.''.\n (b) Proceeds of Equity Investments To Be Treated as Working \nCapital.--Subparagraph (C) of section 382(l)(4) of such Code is amended \nby adding at the end the following: ``Such term shall not include any \nassets reasonably expected to be used within 3 years to fund qualifying \nclinical expenditures (as defined in paragraph (9)(H)(ii) without \nregard to the parenthetical therein).''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2002.","summary":"Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. Defines: (1) biomedical research corporation as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials. And (2) qualified investment as a stock acquisition in a biomedical research corporation acquired in cash at its original issue. Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment.","title":"A bill to permit biomedical research corporations to engage in certain equity financings without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes.","text_len":15805,"sum_len":740} {"bill_id":"106_s1471","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Individual Investment Account Act of \n1999''.\n\nSEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following new \nsection:\n\n``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS.\n\n ``(a) Deduction Allowed.--In the case of an individual, there shall \nbe allowed as a deduction an amount equal to the aggregate amount paid \nin cash for the taxable year by such individual to an individual \ninvestment account established for the benefit of such individual.\n ``(b) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Individual investment account.--The term `individual \n investment account' means a trust created or organized in the \n United States for the exclusive benefit of an individual, but \n only if the written governing instrument creating the trust \n meets the following requirements:\n ``(A) No contribution will be accepted unless it is \n in cash.\n ``(B) The trustee is a bank (as defined in section \n 408(n)) or another person who demonstrates to the \n satisfaction of the Secretary that the manner in which \n that person will administer the trust will be \n consistent with the requirements of this section.\n ``(C) No part of the trust assets will be invested \n in any collectible (as defined in section 408(m)).\n ``(D) The assets of the trust will not be \n commingled with other property except in a common trust \n fund or common investment fund.\n ``(2) Time when contributions deemed made.--A taxpayer \n shall be deemed to have made a contribution on the last day of \n a taxable year if the contribution is made on account of such \n taxable year and is made not later than the time prescribed by \n law for filing the return for such taxable year (not including \n extensions thereof).\n ``(c) Tax Treatment of Distributions.--\n ``(1) In general.--Except as otherwise provided in this \n subsection, any amount distributed out of an individual \n investment account shall be included in gross income by the \n distributee unless such amount is part of a qualified 1st-time \n homebuyer distribution.\n ``(2) Qualified 1st-time homebuyer distribution.--For \n purposes of this subsection--\n ``(A) In general.--The term `qualified 1st-time \n homebuyer distribution' means any payment or \ndistribution received by a 1st-time homebuyer from an individual \ninvestment account to the extent such payment or distribution is used \nby the individual within 60 days to pay qualified acquisition costs \nwith respect to a principal residence for such individual.\n ``(B) Dollar limitation.--The aggregate amount \n which may be treated as qualified 1st-time homebuyer \n distributions for all taxable years shall not exceed \n $15,000.\n ``(C) Basis reduction.--The basis of any principal \n residence described in subparagraph (A) shall be \n reduced by the amount of any qualified 1st-time \n homebuyer distribution.\n ``(D) Definitions.--For purposes of this \n paragraph--\n ``(i) Qualified acquisition costs.--The \n term `qualified acquisition costs' means the \n costs of acquiring, constructing, or \n reconstructing a residence. Such term includes \n any usual or reasonable settlement, financing, \n or other closing costs.\n ``(ii) 1st-time homebuyer.--The term `1st-\n time homebuyer' means any individual if such \n individual had no present ownership interest in \n a principal residence during the 3-year period \n ending on the date of acquisition of the \n principal residence to which this paragraph \n applies.\n ``(iii) Principal residence.--The term \n `principal residence' has the same meaning as \n when used in section 1034.\n ``(3) Transfer of account incident to divorce.--The \n transfer of an individual's interest in an individual \n investment account to his former spouse under a divorce decree \n or under a written instrument incident to a divorce shall not \n be considered a taxable transfer made by such individual \n notwithstanding any other provision of this subtitle, and such \n interest at the time of the transfer shall be treated as an \n individual investment account of such spouse and not of such \n individual. Thereafter such account shall be treated, for \n purposes of this subtitle, as maintained for the benefit of \n such spouse.\n ``(d) Tax Treatment of Accounts.--\n ``(1) Exemption from tax.--An individual investment account \n shall be exempt from taxation under this subtitle unless such \n account has ceased to be such an account by reason of paragraph \n (2). Notwithstanding the preceding sentence, any such account \n shall be subject to the taxes imposed by section 511 (relating \n to imposition of tax on unrelated business income of \n charitable, etc. organizations).\n ``(2) Loss of exemption of account where individual engages \n in prohibited transaction.--\n ``(A) In general.--If, during any taxable year of \n the individual for whose benefit the individual \n investment account is established, that individual \n engages in any transaction prohibited by section 4975 \n with respect to the account, the account shall cease to \n be an individual investment account as of the first day \n of that taxable year.\n ``(B) Account treated as distributing all its \n assets.--In any case in which any account ceases to be \n an individual investment account by reason of \n subparagraph (A) on the first day of any taxable year, \n paragraph (1) of subsection (c) shall be applied as if \n there were a distribution on such first day in an \n amount equal to the fair market value (on such first \n day) of all assets in the account (on such first day).\n ``(3) Effect of pledging account as security.--If, during \n any taxable year, an individual for whose benefit an individual \n investment account is established uses the account or any \n portion thereof as security for a loan, the portion so used \n shall be treated as distributed to that individual.\n ``(4) Rollover contributions.--Paragraph (1) shall not \n apply to any amount paid or distributed out of an individual \n investment account to the individual for whose benefit the \n account is maintained if such amount is paid into another \n individual investment account for the benefit of such \n individual not later than the 60th day after the day on which \n he receives the payment or distribution.\n ``(e) Cost-of-Living Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 2000, the dollar amount \n contained in subsection (c)(2)(B) shall be increased by an \n amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, by substituting `1999' for \n `1989' in subparagraph (B) thereof.\n ``(2) Rounding.--If any dollar amount (as increased under \n paragraph (1)) is not a multiple of $10, such dollar amount \n shall be increased to nearest multiple of $10 (or, if such \n dollar amount is a multiple of $5 and not of $10, such dollar \n amount shall be increased to next higher multiple of $10).\n ``(f) Custodial Accounts.--For purposes of this section, a \ncustodial account shall be treated as a trust if the assets of such \naccount are held by a bank (as defined in section 408(n)) or another \nperson who demonstrates, to the satisfaction of the Secretary, that the \nmanner in which he will administer the account will be consistent with \nthe requirements of this section, and if the custodial account would, \nexcept for the fact that it is not a trust, constitute an individual \ninvestment account described in subsection (b). For purposes of this \ntitle, in the case of a custodial account treated as a trust by reason \nof the preceding sentence, the custodian of such account shall be \ntreated as the trustee thereof.\n ``(g) Reports.--The trustee of an individual investment account \nshall make such reports regarding such account to the Secretary and to \nthe individual for whose benefit the account is maintained with respect \nto contributions, distributions, and such other matters as the \nSecretary may require under regulations. The reports required by this \nsubsection shall be filed at such time and in such manner and furnished \nto such individuals at such time and in such manner as may be required \nby those regulations.''\n (b) Deduction Allowed in Arriving at Adjusted Gross Income.--\nSubsection (a) of section 62 of such Code (defining adjusted gross \nincome) is amended by adding after paragraph (17) the following new \nparagraph:\n ``(18) Individual investment account contributions.--The \n deduction allowed by section 222 (relating to individual \n investment accounts).''\n (c) Individual Investment Accounts Exempt From Estate Tax.--Part \nIII of subchapter A of chapter 11 of such Code is amended by \nredesignating section 2046 as section 2047 and by inserting after \nsection 2045 the following new section:\n\n``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS.\n\n ``Notwithstanding any other provision of law, there shall be \nexcluded from the value of the gross estate the value of any individual \ninvestment account (as defined in section 222(b)). Section 1014 shall \nnot apply to such account.''\n (d) Nonrecognition of Gain on Sale of Principal Residence Where \nAmount Equal to Otherwise Taxable Gain Deposited Into Individual \nInvestment Account.--Part III of subchapter B of chapter 1 of such Code \nis amended by inserting after section 121 the following new section:\n\n``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF \n REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT.\n\n ``(a) General Rule.--Gross income does not include gain from the \nsale or exchange of property if, during the 5-year period ending on the \ndate of the sale or exchange, such property has been owned and used by \nthe taxpayer as his principal residence for periods aggregating 3 years \nor more.\n ``(b) Limitation.--The amount of gain excluded from gross income \nunder subsection (a) shall not exceed the amount paid in cash (during \nthe 1-year period beginning on the date of the sale or exchange) to an \nindividual investment account (as defined in section 222(b)) \nestablished for the benefit of the taxpayer or his spouse.\n ``(c) Certain Rules On Ownership and Use To Apply.--Rules similar \nto the rules of section 121(d) shall apply for purposes of determining \nownership and use under this section.''\n (e) Tax on Prohibited Transactions.--Section 4975 of such Code \n(relating to prohibited transactions) is amended--\n (1) by adding at the end of subsection (c) the following \n new paragraph:\n ``(6) Special rule for individual investment accounts.--An \n individual for whose benefit an individual investment account \n is established shall be exempt from the tax imposed by this \n section with respect to any transaction concerning such account \n (which would otherwise be taxable under this section) if, with \n respect to such transaction, the account ceases to be an \n individual investment account by reason of the application of \n section 222(d)(2)(A) to such account.''; and\n (2) in subsection (e)(1), by striking ``or'' at the end of \n subparagraph (E), by redesignating subparagraph (F) as \n subparagraph (G) and by inserting after subparagraph (E) the \n following new subparagraph:\n ``(F) an individual investment account described in \n section 222(b), or''.\n (f) Failure To Provide Reports on Individual Investment Accounts.--\nSection 6693(a)(2) of such Code (relating to failure to provide reports \non individual retirement account or annuities) is amended by striking \n``and'' at the end of subparagraph (C), by striking the period at the \nend of subparagraph (D) and inserting ``, and'', and by adding at the \nend the following new subparagraph:\n ``(E) section 222(g) (relating to individual \n investment accounts).''\n (g) Adjustment of Basis of Residence Acquired Through Use of \nAccount.--Subsection (a) of section 1016 of such Code is amended by \nstriking ``and'' at the end of paragraph (26), by striking the period \nat the end of paragraph (27) and inserting ``; and'', and by adding at \nthe end the following new paragraph:\n ``(28) to the extent provided in section 222(c)(2)(C), in \n the case of a residence the acquisition of which was made in \n whole or in part with funds from an individual investment \n account.''\n (h) Clerical Amendments.--\n (1) The table of sections for part III of subchapter B of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 121 the following new item:\n\n ``Sec. 121A. Exclusion of gain from sale \n of principal residence if \n reinvestment in individual \n investment account.''\n (2) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by striking the item relating \n to section 222 and inserting the following:\n\n ``Sec. 222. Individual investment \n accounts.\n ``Sec. 223. Cross reference.''\n (3) The table of sections for part III of subchapter A of \n chapter 11 of such Code is amended by striking the item \n relating to section 2046 and inserting the following new items:\n\n ``Sec. 2046. Individual investment \n accounts.\n ``Sec. 2047. Disclaimers.''\n (i) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1999.","summary":"Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.","title":"Individual Investment Account Act of 1999","text_len":15733,"sum_len":569} {"bill_id":"114_hr6243","text":"SEC. 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Comprehensive \nFentanyl Control Act''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings; sense of Congress.\nSec. 3. Controlled substance analogues.\nSec. 4. Treatment of controlled substance analogues.\nSec. 5. Enhanced penalties.\nSec. 6. Endangering human life while illegally manufacturing controlled \n substance.\nSec. 7. Temporary scheduling of synthetic opioid analgesics.\nSec. 8. Tableting machines, encapsulating machines, and controlled \n substance counterfeiting materials.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--The Congress finds as follows:\n (1) Fentanyl is a dangerous, synthetic opioid that's 50 to \n 100 times more potent than heroin and morphine and lethal in \n doses as small as approximately 2 milligrams. Current \n sentencing enhancements do not reflect the danger fentanyl \n poses at lower quantities compared to other illicit substances.\n (2) Because a lethal dose of fentanyl can be accidentally \n inhaled or absorbed through the skin, it's not just deadly to \n its users, but it also threatens the lives of law enforcement \n and customs officials, public health workers, first responders \n and postal workers who risk unknowingly coming into contact \n with fentanyl in its different forms.\n (3) From 2013 to 2014, the number of drug seizures by law \n enforcement that tested positive for fentanyl increased by 426 \n percent and synthetic opioid-related deaths increased by 79 \n percent, with over 700 overdose deaths related to fentanyl. \n However, due to variations in States' medical examiner and \n coroner testing and reporting techniques, and deaths attributed \n to heroin, this figure is believed to be significantly higher.\n (4) Illicitly manufactured fentanyl, pill press machines, \n and other supplies needed to manufacture counterfeit pills \n containing fentanyl are primarily sourced from China and widely \n available for purchase on the Internet. Traffickers can \n typically purchase a kilogram of fentanyl powder for as little \n as $2,000 from a Chinese supplier, transform it into hundreds \n of thousands of pills, and sell the counterfeit pills for \n millions of dollars in profit.\n (5) In 2015, the Drug Enforcement Administration (DEA) and \n Centers for Disease Control and Prevention (CDC) issued \n nationwide alerts identifying fentanyl as a threat to public \n health and safety and stating that the rise of counterfeit \n pills that contain fentanyl in the illicit drug market will \n likely result in more opioid-dependent individuals, overdoses, \n and deaths.\n (6) The DEA has identified two key challenges for using the \n Controlled Substances Analogue Enforcement Act of 1986 (21 \n U.S.C. 801 note) to prosecute individuals for violations \n relating to fentanyl:\n (A) The law requires that the substance have a \n substantially similar chemical structure to a \n controlled substance in order to be considered an \n analogue, yet the threshold for ``substantially \n similar'' has been cited by numerous courts as \n difficult to apply.\n (B) Each case requires additional investigation to \n determine whether the substance in question was \n ``intended for human consumption'' and can therefore be \n considered an analogue.\n (7) Illicit fentanyl manufacturers are continuously \n manipulating the chemical structures of the analogues in order \n to stay ahead of researchers and law enforcement, thus making \n prosecuting these crimes overly onerous. Furthermore, the speed \n at which these alterations can be made outpace the current \n authorities of the Department of Justice to schedule new \n compounds and analogues under the Controlled Substances Act (21 \n U.S.C. 801 et seq.).\n (b) Sense of Congress.--It is the sense of the Congress that--\n (1) the trafficking in fentanyl and other synthetic opioids \n represents a public health emergency in the United States and \n requires a comprehensive legislative response;\n (2) the United States Government should use all available \n measures to reduce the availability of illicit fentanyl, its \n chemical precursors, and the equipment by which fentanyl may be \n milled into counterfeit prescription pills;\n (3) the United States Government should make grants \n available for State and local medical examiners and coroners to \n screen for fentanyl in suspected opioid overdose cases in \n regions reporting increases in fentanyl seizures, fentanyl-\n related overdose fatalities, or unusually high spikes in heroin \n or unspecified drug overdose fatalities;\n (4) State and local law enforcement should, if safe and \n possible, prioritize and expedite testing of drug samples taken \n from drug overdose scenes and share the data on fentanyl drug \n seizures with local health departments, coroners, and medical \n examiners;\n (5) grants made available to address the opioid epidemic \n should be used to improve States' surveillance of fentanyl-\n related deaths and to expand access to naloxone for first \n responders, law enforcement, and health care personnel given \n that multiple doses of naloxone must be administered per \n overdose event; and\n (6) the United States Government, including the Secretary \n of State, the Attorney General, the Secretary of Homeland \n Security, and the Director of the Office of National Drug \n Control Policy, should use the broad diplomatic and law \n enforcement resources of the United States, in partnership with \n the Governments of Mexico and China, to stop the trafficking of \n illicit fentanyl into the United States.\n\nSEC. 3. CONTROLLED SUBSTANCE ANALOGUES.\n\n (a) In General.--Clauses (i), (ii), and (iii) of section 102(32)(A) \nof the Controlled Substances Act (21 U.S.C. 802(32)(A)) are amended by \nstriking ``substantially'' each place it appears.\n (b) Rule of Construction.--Section 102(32)(A) of the Controlled \nSubstances Act (21 U.S.C. 82(32)(A)) shall not be construed to require \nthat a substance satisfy more than one of the clauses listed in such \nsection 102(32)(A) to meet the definition of a controlled substance \nanalogue.\n\nSEC. 4. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES.\n\n Section 203 of the Controlled Substances Act (21 U.S.C. 813) is \namended by striking ``shall, to the extent intended for human \nconsumption, be treated, for the purposes of any Federal law as a \ncontrolled substance in schedule I'' and inserting ``shall, to the \nextent to which it should be reasonably known to the manufacturer, \ndistributor, or dispenser that the controlled substance analogue is \nintended for human consumption, be treated, with respect to such \nmanufacturer, distributor, or dispenser, respectively, for the purpose \nof any Federal law as a controlled substance in schedule I''.\n\nSEC. 5. ENHANCED PENALTIES.\n\n (a) Controlled Substances Act Amendments.--The Controlled \nSubstances Act is amended--\n (1) in section 401(b)(1) (21 U.S.C. 841(b)(1))--\n (A) in subparagraph (A)(vi)--\n (i) by striking ``400 grams'' and inserting \n ``20 grams''; and\n (ii) by striking ``100 grams'' and \n inserting ``5 grams''; and\n (B) in subparagraph (B)(vi)--\n (i) by striking ``40 grams'' and inserting \n ``2 grams''; and\n (ii) by striking ``10 grams'' and inserting \n ``0.5 grams''; and\n (2) by adding at the end of section 401(b) (21 U.S.C. \n 841(b)) the following:\n ``(8) In the case of a violation of subsection (a), if the \n mixture or substance contains a detectable amount of N-phenyl-\n [1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue \n of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide and \n also contains a detectable amount of another controlled \n substance, then a court shall--\n ``(A) not impose a term of probation;\n ``(B) in addition to the term of punishment for the \n violation of this section, impose a term of \n imprisonment not to exceed 5 years; and\n ``(C) no term of imprisonment imposed on a person \n under subparagraph (B) shall run concurrently with any \n term of imprisonment imposed on the person under any \n other provision of law.\n ``(9) In the case of a violation of subsection (a), if the \n mixture or substance containing a detectable amount of N-\n phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any \n analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] \n propanamide was represented to be or sold as another controlled \n substance, then a court shall--\n ``(A) not impose a term of probation;\n ``(B) in addition to the term of punishment for the \n violation of this section, impose a term of \n imprisonment not to exceed 5 years; and\n ``(C) no term of imprisonment imposed on a person \n under subparagraph (B) shall run concurrently with any \n term of imprisonment imposed on the person under any \n other provision of law.''.\n (b) Controlled Substances Import and Export Act Amendments.--\nSection 1010(b) of the Controlled Substances Import and Export Act (21 \nU.S.C. 960(b)) is amended by adding at the end the following:\n ``(8) In the case of a violation of subsection (a), if the \n mixture or substance containing a detectable amount of N-\n phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any \n analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] \n propanamide also contains a detectable amount of another \n controlled substance, then a court shall--\n ``(A) not impose a term of probation;\n ``(B) in addition to the term of punishment for the \n violation of this section, impose a term of \n imprisonment not to exceed 5 years; and\n ``(C) no term of imprisonment imposed on a person \n under subparagraph (B) shall run concurrently with any \n term of imprisonment imposed on the person under any \n other provision of law.\n ``(9) In the case of a violation of subsection (a), if the \n mixture or substance containing a detectable amount of N-\n phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any \n analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] \n propanamide was represented to be or sold as another controlled \n substance, then a court shall--\n ``(A) not impose a term of probation;\n ``(B) in addition to the term of punishment for the \n violation of this section, impose a term of \n imprisonment not to exceed 5 years; and\n ``(C) no term of imprisonment imposed on a person \n under subparagraph (B) shall run concurrently with any \n term of imprisonment imposed on the person under any \n other provision of law.''.\n\nSEC. 6. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED \n SUBSTANCE.\n\n Section 417 of the Controlled Substances Act (21 U.S.C. 858) is \namended to read as follows:\n\n``SEC. 417. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING \n CONTROLLED SUBSTANCE.\n\n ``(a) In General.--Whoever, while manufacturing a controlled \nsubstance in violation of this title, or attempting to do so, or \ntransporting or causing to be transported materials, including \nchemicals, to do so, creates a substantial risk of harm to human life \nshall be fined in accordance with title 18, United States Code, or \nimprisoned not more than 10 years, or both.\n ``(b) Rebuttable Presumption.--For purposes of this section, there \nshall be rebuttable presumption that any violation of subsection (a) \ninvolving a detectable amount of N-phenyl-[1-(2-phenylethyl)-4-\npiperidinyl] propanamide, any analogue of N-phenyl-[1-(2-phenylethyl)-\n4-piperidinyl] propanamide, or the immediate precursor of such a \nsubstance, creates a substantial risk of harm to human life.''.\n\nSEC. 7. TEMPORARY SCHEDULING OF SYNTHETIC OPIOID ANALGESICS.\n\n Section 201 of the Controlled Substances Act (21 U.S.C. 811) is \namended by adding at the end the following:\n ``(k) Temporary Scheduling of Synthetic Opioid Analgesics.--\n ``(1) Issuance of order.--The Attorney General may, by \n order and without regard to the findings required by subsection \n (a) of this section or section 202(b) and without regard to the \n procedures prescribed by subsections (a) and (b) of this \n section, place a substance in schedule I if--\n ``(A) the substance is not listed in any other \n schedule in section 202;\n ``(B) no exemption, approval, or licensing is in \n effect for the substance under section 505 of the \n Federal Food, Drug, and Cosmetic Act or section 351 of \n the Public Health Service Act; and\n ``(C) the Attorney General has reason to believe \n that such substance--\n ``(i) is a synthetic opioid analgesic;\n ``(ii) is the object or intended object of \n clandestine importation, manufacture, or \n distribution; and\n ``(iii) poses an imminent hazard to public \n health and safety.\n ``(2) Effective date of order.--An order issued under \n paragraph (1) may not take effect until 5 days after its \n publication in Federal Register.\n ``(3) Expiration of order.--An order issued under paragraph \n (1) shall expire not later than 6 months after the date on \n which it becomes effective, except that the Attorney General \n may extend the order for up to 6 months.\n ``(4) Conclusion of rulemaking.--An order issued under \n paragraph (1) with respect to a substance shall be vacated upon \n the conclusion of a subsequent rulemaking proceeding initiated \n under subsection (a) with respect to such substance.\n ``(5) Order not subject to judicial review.--An order \n issued under paragraph (1) is not subject to judicial \n review.''.\n\nSEC. 8. TABLETING MACHINES, ENCAPSULATING MACHINES, AND CONTROLLED \n SUBSTANCE COUNTERFEITING MATERIALS.\n\n (a) Mailability.--\n (1) In general.--Chapter 30 of title 39, United States \n Code, is amended by inserting after section 3002a, the \n following new section:\n``Sec. 3002b. Nonmailability of tableting machines, encapsulating \n machines, and controlled substance counterfeiting \n materials\n ``(a) Any tableting machine, encapsulating machine, or controlled \nsubstance counterfeiting material is nonmailable matter, shall not be \ncarried or delivered by mail, and shall be disposed of as the Postal \nService directs, unless such device or material is mailed--\n ``(1) to a regulated person (as defined in section 102(38) \n of the Controlled Substances Act); or\n ``(2) to a person registered to manufacture a controlled \n substance by the Attorney General pursuant to section 302 of \n the Controlled Substances Act.\n ``(b) For the purpose of this section--\n ``(1) the `controlled substance counterfeiting material' \n means any punch, die, plate, stone, or other thing described \n section 403(a)(5) of the Controlled Substances Act;\n ``(2) the term `encapsulating machine' means any manual, \n semiautomatic, or fully automatic equipment which may be used \n to fill shells or capsules with any powdered, granular, \n semisolid, or liquid material; and\n ``(3) the term `tableting machine' means any manual, \n semiautomatic, or fully automatic equipment which may be used \n for the compaction or molding of powdered or granular solids, \n or semisolid material, to produce coherent solid tablets.''.\n (2) Clerical amendment.--The table of sections for chapter \n 30 of title 39, United States Code, is amended by inserting \n after the item relating to section 3002a the following new \n item:\n\n``3002b. Nonmailability of tableting machines, encapsulating machines, \n and controlled substance counterfeiting \n materials.''.\n (b) Penalty.--\n (1) In general.--Chapter 83 of title 18, United States \n Code, is amended by inserting after section 1716E the following \n new section:\n``Sec. 1716F. Nonmailability of tableting machines, encapsulating \n machines, and controlled substance counterfeiting \n materials\n ``Whoever knowingly deposits for mailing or delivery, or knowingly \ncauses to be delivered by mail according to the direction thereon, or \nat any place to which it is directed to be delivered by the person to \nwhom it is addressed, any matter declared to be nonmailable by section \n3002c of title 39, shall be fined under this title or imprisoned not \nmore than 1 year, or both.''.\n (2) Clerical amendment.--The table of sections for chapter \n 83 of title 18, United States Code, is amended by inserting \n after the item relating to section 1716E the following new \n item:\n\n``1716F. Nonmailability of tableting machines, encapsulating machines, \n and controlled substance counterfeiting \n materials.''.","summary":"Comprehensive Fentanyl Control Act This bill amends the Controlled Substances Act (CSA) to modify the definition of quot, controlled substance analoguequot. To mean a substance that has a similar chemical structure and pharmacological effect to a schedule I controlled substance. Additionally, it modifies the treatment of controlled substance analogues. Under current law, a controlled substance analogue that is intended for human consumption is treated as a schedule I controlled substance. This bill replaces the intended for human consumption qualifier with a not a chemical substance subject to the Toxic Substances Control Act qualifier. Specifically, a controlled substance analogue that is not a chemical substance under the Toxic Substances Control Act is treated as a schedule I controlled substance. The bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, or possesses with intent to distribute fentanyl. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill allows the Drug Enforcement Administration to temporarily place a substance into schedule I if it reasonably believes that the substance: (1) is a synthetic opioid analgesic, (2) is the object of clandestine importation, manufacture, or distribution. And (3) poses an imminent hazard to public health and safety. Finally, the bill makes it a crime to knowingly mail to an unauthorized person equipment that may be used to manufacture counterfeit controlled substances.","title":"Comprehensive Fentanyl Control Act","text_len":18911,"sum_len":1629} {"bill_id":"109_hr4229","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Plan B for Plan B Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) The Food and Drug Administration has declared Plan B to \n be safe and effective in preventing unintended pregnancy, \n reducing the risk by as much as 89 percent if taken within days \n of unprotected intercourse and up to 95 percent if taken in the \n first 24 hours.\n (2) On April 21, 2003, product manufacturers Women's \n Capital Corporation, controlled by Barr Pharmaceuticals, \n submitted a supplemental new drug application to the Food and \n Drug Administration to switch Plan B from prescription-only to \n over-the-counter status for women of all ages.\n (3) On December 16, 2003, a joint panel of the Food and \n Drug Administration's Reproductive Health Drugs Advisory \n Committee and Non-Prescription Drugs Advisory Committee voted \n 28-0 that Plan B could be used safely in a non-prescription \n setting.\n (4) On December 16, 2003, a joint panel of the Food and \n Drug Administration's Reproductive Health Drugs Advisory \n Committee and Non-Prescription Drugs Advisory Committee voted \n 23-4 to recommend that the Food and Drug Administration approve \n the application to make Plan B available over-the-counter for \n women of all ages.\n (5) On May 6, 2004, the Food and Drug Administration deemed \n the application not approvable, directly contradicting the \n overwhelming weight of their own scientific evidence.\n (6) At the suggestion of the Food and Drug Administration, \n Barr Pharmaceutical submitted a formal response, dated July 16, \n 2003, to the Administration's non-approvable determination, \n supporting the marketing of Plan B as a prescription drug for \n women 15 years of age or younger and a nonprescription drug for \n women 16 years of age or older.\n (7) On January 21, 2005, the Food and Drug Administration \n delayed issuing a decision on the Plan B application.\n (8) A letter dated July 13, 2005, from Secretary of Health \n and Human Services Michael O. Leavitt to Chairman Mike Enzi of \n the Committee on Health, Education, Labor, and Pensions of the \n Senate stated that the Food and Drug Administration would act \n on the Plan B application by September 1, 2005.\n (9) On August 26, 2005, the Food and Drug Administration \n did not approve or disapprove the Plan B application, and \n instead decided to publish an advance notice of proposed \n rulemaking in the Federal Register, even while concluding that \n ``the available scientific data are sufficient to support the \n safe use of Plan B as an OTC product . . . for women who are 17 \n years of age or older''.\n (10) On August 31, 2005, Susan F. Wood, serving as the Food \n and Drug Administration's assistant commissioner for women's \n health and director of the Office of Women's Health, resigned \n her position because of the Administration's refusal to issue a \n final decision on the Plan B application, saying that she could \n not serve at the Administration when ``scientific and clinical \n evidence, fully evaluated and recommended for approval by the \n professional staff [at the Administration], has been \n overruled''.\n (11) On September 1, 2005, the Food and Drug Administration \n issued an advance notice of proposed rulemaking (70 FR 52050) \n to request comment by November 1, 2005, on whether to initiate \n a rulemaking to codify the Administration's interpretation of \n section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 353(b)) regarding when an active ingredient may be \n simultaneously marketed in both a prescription drug product and \n an over-the-counter (OTC) drug product, potentially adding \n years of unnecessary regulatory delays to an already extended \n process which is keeping Plan B from over-the-counter status.\n\nSEC. 3. DECISION BY FDA ON MARKETING OF EMERGENCY CONTRACEPTION.\n\n (a) In General.--Not later than 30 days after the date of the \nenactment of this Act, the Commissioner of Food and Drugs shall approve \nor disapprove the supplemental new drug application for Plan B, as \namended by the formal response to the non-approvable letter.\n (b) Failure to Approve or Disapprove.--If the Commissioner fails to \napprove or disapprove the application described in subsection (a) by \nthe deadline described in such subsection--\n (1) the Commissioner is deemed to have approved the \n application; and\n (2) such deemed approval shall continue in effect unless \n the Commissioner publishes in the Federal Register a \n determination to approve or disapprove the application.\n (c) Definitions.--In this Act:\n (1) The term ``Commissioner'' means the Commissioner of \n Food and Drugs.\n (2) The term ``formal response'' means the formal response, \n dated July 16, 2003, to the non-approvable letter, supporting \n the marketing of Plan B as a prescription drug for women 15 \n years of age or younger and a nonprescription drug for women 16 \n years of age or older.\n (3) The term ``Plan B'' means 0.75 mg levonorgestrel \n tablets.\n (4) The term ``prescription drug'' means a drug subject to \n section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act \n (21 U.S.C. 353(b)(1)).\n (5) The term ``supplemental new drug application for Plan \n B'' means the supplemental new drug application submitted under \n section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 355(b)) on April 21, 2003, by product manufacturers \n Women's Capital Corporation, controlled by Barr \n Pharmaceuticals, to the Food and Drug Administration to switch \n Plan B from prescription-only to nonprescription status for \n women of all ages.\n (6) The term ``non-approvable letter'' means the non-\n approvable letter dated May 6, 2004, from the Food and Drug \n Administration to Barr Pharmaceuticals.","summary":"Plan B for Plan B Act of 2005 - Requires the Commissioner of Food and Drugs to approve or disapprove within 30 days the supplemental new drug application submitted by Women's Capital Corporation for Plan B , as amended by a formal response to the Food and Drug Administration's non-approvable determination, that would switch the drug from prescription-only to nonprescription status for women 16 years or older. Deems the Commissioner as having approved the application if the deadline is not met and continues such approval unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application.","title":"To require the Commissioner of Food and Drugs to determine whether to allow the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older, and for other purposes.","text_len":6482,"sum_len":641} {"bill_id":"114_hr2968","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coordinating Assistance for TANF \nRecipients Act''.\n\nSEC. 2. COORDINATED CASE MANAGEMENT DEMONSTRATION PROJECTS.\n\n Section 403 of the Social Security Act (42 U.S.C. 603) is amended \nby adding at the end the following:\n ``(c) Coordinated Case Management Demonstration Projects.--\n ``(1) In general.--The Secretary shall make grants to \n States to conduct demonstration projects designed to implement \n and evaluate strategies to provide coordinated case management \n to help individuals receiving assistance under a State program \n funded under this part or any other State program funded with \n qualified State expenditures (as defined in section \n 409(a)(7)(B)(i)) increase their employment and self-\n sufficiency.\n ``(2) Application requirements.--The Secretary shall \n require each State that applies for a grant under this \n paragraph to do the following:\n ``(A) Describe how, using the funds provided under \n this paragraph, the State will develop an individual \n responsibility plan in accordance with section 408(b) \n for each recipient referred to in paragraph (1) of this \n subsection.\n ``(B) Describe how the State will coordinate the \n development of this plan with other programs and \n agencies providing benefits and services to the \n individual to help the recipient increase the \n employment and self-sufficiency of the recipient.\n ``(C) Describe how the State will coordinate the \n delivery of the benefits and services to the recipient \n (which may include the use of home visiting models).\n ``(D) Describe how the State will meet with the \n recipient at least monthly to review the employment \n status of the recipient and status of the participation \n of the recipient in other activities, the benefits and \n services the recipient is receiving, and the progress \n of the recipient toward meeting the goals specified in \n the individual responsibility plan of the recipient.\n ``(3) Use of funds.--A State to which a grant is made under \n this subsection may use the grant for the following purposes:\n ``(A) To support coordinated case managers in \n completing the activities specified in paragraph (2).\n ``(B) To provide short-term transitional benefits \n and services to individuals who, due to increased \n employment or earnings, may face disincentives to \n increasing work or earnings due to the phase-out or \n loss of certain benefits.\n ``(C) To ensure that recipients of services under \n the demonstration project have a choice between 2 or \n more coordinated case management service providers.\n ``(D) To improve coordination between programs \n serving recipients who are part of the demonstration \n project.\n ``(E) To improve coordination between information \n technology and other systems to deliver better benefits \n or services to the recipient, except that not more than \n 10 percent of the grant amount may be used for this \n purpose.\n ``(4) Evaluation.--The Secretary, in consultation with each \n State conducting a demonstration project under this subsection, \n shall conduct a high-quality evaluation of the demonstration \n project in accordance with the following:\n ``(A) Evaluator qualifications.--The Secretary may \n not enter into a contract with an evaluator unless the \n evaluator has demonstrated experience in conducting \n rigorous evaluations of program effectiveness \n including, where available and appropriate, well-\n implemented randomized controlled trials.\n ``(B) Methodologies to be used.--The evaluation of \n a demonstration project shall use experimental designs \n using random assignment or other reliable, evidence-\n based research methodologies that allow for the \n strongest possible causal inferences when random \n assignment is not feasible.\n ``(C) Public disclosure.--The Secretary shall \n publish the results of the evaluation on the website of \n the Department of Health and Human Services in a \n location easily accessible by the public.\n ``(D) Limitation on cost of evaluations.--For \n evaluations under this paragraph, the Secretary may not \n obligate more than 20 percent of the funds reserved \n under paragraph (6) for each fiscal year.\n ``(5) Recommendations to congress.--The Secretary shall \n submit recommendations to the Congress on ways to improve case \n management and better coordinate benefits and services across \n programs.\n ``(6) Funding.--Of the amounts made available to carry out \n subsection (b) for fiscal year 2016 and each succeeding fiscal \n year, the Secretary shall reserve $300,000,000 to carry out \n this subsection.\n ``(7) Availability of funds.--Funds provided to a State \n under this subsection for a fiscal year shall be expended by \n the State in the fiscal year or in the succeeding fiscal \n year.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendment made by this Act shall take effect on October 1, \n2015.","summary":"Coordinating Assistance for TANF Recipients Act This bill amends part A (TANF) of the Social Security Act to direct the Department of Health and Human Services to make grants to states to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving TANF assistance to increase their employment and self-sufficiency.","title":"Coordinating Assistance for TANF Recipients Act","text_len":6014,"sum_len":400} {"bill_id":"109_hr1141","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Lebanon and Syria \nLiberation Act''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\n TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA\n\nSec. 101. Declarations of policy.\nSec. 102. Codification of existing sanctions.\nSec. 103. Sanctions against certain persons.\nSec. 104. Sanctions against certain foreign countries.\nSec. 105. Diplomatic efforts.\nSec. 106. Report on assistance to, and commerce with, Syria.\nTITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND \n DEMOCRACY IN LEBANON\n\nSec. 201. Declarations of policy.\nSec. 202. Assistance to support a transition to democracy in Syria and \n restoration of sovereign democratic \n governance in Lebanon.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on International Relations and \n the Committee on Appropriations of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate.\n (2) Person.--The term ``person'' means any United States or \n foreign individual, partnership, corporation, or other form of \n association, or any of their successor entities, parents or \n subsidiaries.\n (3) Syria.--The term ``Syria'' includes any agency or \n instrumentality of Syria.\n (4) United states assistance.--The term ``United States \n assistance'' means--\n (A) any assistance under the Foreign Assistance Act \n of 1961 (22 U.S.C. 2251 et seq.), other than urgent \n humanitarian assistance or medicine;\n (B) sales and assistance under the Arms Export \n Control Act (22 U.S.C. 2751 et seq.);\n (C) financing by the Commodity Credit Corporation \n for export sales of agricultural commodities; and\n (D) financing under the Export-Import Bank Act of \n 1945 (12 U.S.C. 635 et seq.).\n\n TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA\n\nSEC. 101. DECLARATIONS OF POLICY.\n\n Congress makes the following declarations of policy:\n (1) The actions of the Government of the Syrian Arab \n Republic, including its support for terrorism, its development \n of long-range missiles and weapons of mass destruction programs \n and capabilities, its continued occupation of the Lebanese \n Republic in violation of its international obligations, its \n support for, and facilitation of, all terrorist activities \n inside of Iraq, and its massive, systematic, and extraordinary \n violations of human rights of both the Syrian and Lebanese \n people, are a threat to the national security interests of the \n United States and international peace.\n (2) The policy of the United States shall be to deny Syria \n the ability to carry out the following:\n (A) To finance, provide safe-haven, or otherwise \n support terrorist organizations.\n (B) To develop biological, chemical, or nuclear \n weapons and long-range ballistic missiles.\n (C) To continue to occupy and otherwise interfere \n in the affairs of the Government of Lebanon in \n contravention of United Nations Security Council \n Resolutions 425 (1978), 426 (1978), 520 (1982), and \n 1559 (2004), and other pertinent obligations.\n (D) To continue to oppress the people of Syria.\n (3) The President should advocate for, and should instruct \n the United States Permanent Representative to the United \n Nations to propose and seek within the United Nations Security \n Council, a mandatory international embargo against the \n Government of Syria, pursuant to Article 41 of the Charter of \n the United Nations.\n (4) Any effort by a country that is a recipient of United \n States foreign assistance to facilitate, directly or \n indirectly, the development of Syria's nuclear, biological, or \n chemical weapons capabilities, long-range ballistic missile \n development programs, or to help make operational any nuclear \n facility in Syria will have a detrimental impact on United \n States assistance to such country.\n\nSEC. 102. CODIFICATION OF EXISTING SANCTIONS.\n\n United States sanctions, controls, and regulations relating to \nSyria and persons who are determined to be facilitating the Government \nof Syria, as in effect on the date of the enactment of this Act, shall \nremain in effect until the President certifies to the appropriate \ncongressional committees that--\n (1) a government exists in Syria that--\n (A) has ceased any and all support for terrorism;\n (B) has permanently dismantled Syria's biological, \n chemical, or nuclear weapons programs and has committed \n to combat the proliferation of such weapons;\n (C) has withdrawn from Lebanon and respects the \n boundaries and sovereignty of all neighboring \n countries; and\n (D) upholds and defends human rights and civil \n liberties; and\n (2) sovereignty has been restored to Lebanon and there \n exists a freely-elected, internationally recognized democratic \n government in Lebanon.\n\nSEC. 103. SANCTIONS AGAINST CERTAIN PERSONS.\n\n (a) Prohibition.--If any person knowingly transfers or retransfers \ngoods or technology so as to contribute to the efforts by Syria to \nacquire or develop destabilizing numbers and types of advanced \nconventional weapons, or to acquire, develop, produce, or stockpile \nbiological, chemical, or nuclear weapons and long-range ballistic \nmissiles, then the sanctions described in subsection (b) shall be \nimposed.\n (b) Sanctions.--The sanctions to be imposed pursuant to subsection \n(a) are as follows:\n (1) Procurement sanction.--The United States Government \n shall not procure, or enter into any contract for the \n procurement of, any goods or services from the sanctioned \n person.\n (2) Export sanction.--The United States Government shall \n not issue any license for any export by or to the sanctioned \n person.\n (3) Import sanction.--The President shall ban the \n importation of any article that is a product of the sanctioned \n person.\n\nSEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.\n\n (a) Prohibition.--If the President determines that the government \nof any foreign country knowingly transfers or retransfers goods or \ntechnology, or provides assistance, so as to contribute to the efforts \nby Syria to acquire or develop destabilizing numbers and types of \nadvanced conventional weapons, or to acquire, develop, produce, or \nstockpile biological, chemical, or nuclear weapons and long-range \nballistic missiles, then two or more of the sanctions described in \nsubsection (b), and the sanctions described in subsection (c), shall be \nimposed.\n (b) Sanctions.--The sanctions referred to in subsection (a) are as \nfollows:\n (1) Suspension of united states assistance.--The United \n States Government shall suspend United States assistance to the \n sanctioned country.\n (2) Export sanction.--The United States Government shall \n not issue any license for any export by or to the sanctioned \n country.\n (3) Import sanction.--The President shall ban the \n importation of any article that is a product of the sanctioned \n country.\n (4) International financial institution assistance.--The \n Secretary of the Treasury shall instruct the United States \n Executive Director at each international financial institution \n (as defined in section 1701(c)(2) of the International \n Financial Institutions Act) to oppose and vote against the \n extension by such institution of any financial or technical \n assistance to the sanctioned country.\n (5) Suspension of codevelopment or coproduction \n agreements.--The United States shall suspend compliance with \n its obligations under any memorandum of understanding with the \n sanctioned country for the codevelopment or coproduction of any \n item on the United States Munitions List (established under \n section 38 of the Arms Export Control Act (22 U.S.C. 2778)), \n including any obligation for implementation of the memorandum \n of understanding through the sale to the sanctioned country of \n technical data or assistance or the licensing for export to the \n sanctioned country of any component part.\n (6) United states munitions list.--No item on the United \n States Munitions List (established pursuant to section 38 of \n the Arms Export Control Act) may be exported to the sanctioned \n country.\n (c) Suspension of Military and Dual-Use Technical Exchange \nAgreements.--The United States shall suspend compliance with its \nobligations under any technical exchange agreement involving military \nand dual-use technology between the United States and the sanctioned \ncountry that does not directly contribute to the security of the United \nStates, and no military or dual-use technology may be exported from the \nUnited States to the sanctioned country pursuant to that agreement \nduring that period.\n\nSEC. 105. DIPLOMATIC EFFORTS.\n\n (a) Bilateral Efforts.--It is the sense of Congress that the \nSecretary of State should ensure that United States diplomatic \npersonnel abroad understand and, in their contacts with foreign \nofficials, are communicating the reasons for United States policy and \nsanctions against the Government of Syria, and are urging foreign \ngovernments to cooperate more effectively with the Government of the \nUnited States.\n (b) United Nations System.--The President shall direct the United \nStates Permanent Representative to the United Nations, United Nations \norganizations and entities, and United Nations affiliated agencies and \nbodies, to continue to use the voice and vote of the United States to \noppose Syria's membership and candidacy for leadership posts in such \ninstitutions, and engage in diplomatic efforts to secure multilateral \nsupport for such efforts.\n (c) United Nations Commission on Human Rights.--The President shall \ntake the necessary steps to secure support for a resolution at the \nUnited Nations Commission on Human Rights holding the the Government of \nSyria accountable for its systematic violations of human rights of \nSyrian and Lebanese citizens and calling for the appointment of a \nUnited Nations Special Rapporteur to investigate these human rights \nviolations.\n (d) International Financial Institutions.--The President shall \ninstruct the United States Executive Director at each international \nfinancial institution (as defined in section 1701(c)(2) of the \nInternational Financial Institutions Act) to use the voice and vote of \nthe United States to oppose any loan or other assistance to Syria and \nto oppose Syria's membership in the institution.\n (e) International Atomic Energy Agency.--The President shall \ninstruct the United States Permanent Representative to the \nInternational Atomic Energy Agency (IAEA) to seek the adoption of a \nresolution calling on Syria to declare all nuclear related facilities, \nimmediately and unconditionally suspend any activity which could be \nused to develop nuclear weapons capability, and provide full access to \nIAEA inspectors to its nuclear-related facilities.\n (f) United States and Regional Contact Groups.--The President shall \nseek to establish contact groups with relevant countries in the Middle \nEast to provide forums in which United States officials who are \nresponsible for counter-proliferation efforts are able to meet, at \nleast twice each year, with their counterpart from such countries to--\n (1) discuss the global threats presented by Iranian nuclear \n proliferation and sponsorship of international terrorism; and\n (2) develop strategies to effectively address these \n threats.\n\nSEC. 106. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA.\n\n (a) Report.--Not later than 90 days after the date of the enactment \nof this Act, and on an annual basis thereafter, the President shall \ntransmit to the appropriate congressional committees a report on \nassistance to, and commerce with, Syria by other foreign countries \nduring the preceding 12-month period.\n (b) Contents.--Each report required by subsection (a) shall, for \nthe period covered by the report, contain the following information, to \nthe extent such information is available:\n (1) A description of all bilateral assistance provided to \n Syria by other foreign countries, including humanitarian \n assistance.\n (2) A description of Syria's commerce with foreign \n countries, including an identification of Syria's trading \n partners and the extent of such trade.\n (3) A description of the joint ventures completed, or under \n consideration, by foreign nationals and business firms \n involving facilities in Syria, including an identification of \n the location of the facilities involved and a description of \n the terms of agreement of the joint ventures and the names of \n the parties that are involved.\n (4) A determination of the amount of debt of the Government \n of Syria that is owed to each foreign country, including--\n (A) the amount of debt exchanged, forgiven, or \n reduced under the terms of each investment or operation \n in Syria involving foreign nationals; and\n (B) the amount of debt owed to the foreign country \n that has been exchanged, forgiven, or reduced in return \n for a grant by the Syrian Government of an equity \n interest in a property, investment, or operation of the \n Syrian Government or of a Syrian national.\n (5) A description of the steps taken to assure that raw \n materials and semifinished or finished goods produced by \n facilities in Syria involving foreign nationals do not enter \n the United States market, either directly or through third \n countries or parties.\n (6) An identification of countries and entities that \n provide, or have provided, arms or military supplies from Syria \n or that otherwise have entered into agreements with Syria that \n could have a military application, including--\n (A) a description of the military supplies, \n equipment, or other material sold, bartered, or \n exchanged between Syria and such countries;\n (B) a listing of the goods, services, credits, or \n other consideration received by Syria in exchange for \n military supplies, equipment, or material; and\n (C) the terms or conditions of any such agreement.\n (c) Form.--The report submitted under subsection (a) shall be in \nunclassified form but may include a classified annex.\n\nTITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND \n DEMOCRACY IN LEBANON\n\nSEC. 201. DECLARATIONS OF POLICY.\n\n (a) Syria.--It shall be the policy of the United States to support \nindependent human rights and pro-democracy forces in Syria to promote \nthe emergence of a democratic government that--\n (1) will denounce and combat terrorism;\n (2) will dismantle its biological, chemical, and nuclear \n weapons programs and commit to combat the proliferation of such \n weapons;\n (3) will respect the boundaries and sovereignty of its \n neighbors and live in peace and security with all the countries \n in the region; and\n (4) will uphold and defend the human rights and civil \n liberties of its citizens.\n (b) Lebanon.--It shall be the policy of the United States to \ninitiate efforts to restore Lebanese sovereignty, including the \nimmediate and unconditional withdrawal of all Syrian personnel from \nLebanon, and to support Lebanese civil society and pro-democracy forces \nin restoring a freely-elected, internationally recognized democratic \ngovernment in Lebanon.\n\nSEC. 202. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA AND \n RESTORATION OF SOVEREIGN DEMOCRATIC GOVERNANCE IN \n LEBANON.\n\n (a) Authorization.--Notwithstanding any other provision of law, the \nPresident is authorized to provide assistance and other support for \nindividuals and independent nongovernmental organizations to support a \ntransition to a freely-elected, internationally recognized democratic \ngovernment in Syria and the restoration of sovereign, democratic rule \nin Lebanon.\n (b) Activities Supported.--Assistance provided under subsection (a) \nshall, to the maximum extent practicable, be used to carry out the \nfollowing activities:\n (1) Democracy-building and civil society efforts in Syria \n and Lebanon, including the provision of assistance to \n organizations certified by the President to be independent \n democratic organizations, victims of political repression and \n their families, and prisoners of conscience and their families.\n (2) Radio and television broadcasting to Syria and Lebanon \n to support democracy-building and civil society efforts in \n Syria and Lebanon.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the President to carry out this section such sums as \nmay be necessary for fiscal year 2006 and each subsequent fiscal year.","summary":"Lebanon and Syria Liberation Act - States that US sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties. And (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.","title":"To strengthen sanctions against the Government of Syria, to establish a program to support a transition to a democratically elected government in Syria and the restoration of sovereignty and democratic rule in Lebanon, and for other purposes.","text_len":18600,"sum_len":1009} {"bill_id":"103_hr425","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid Mammography Coverage Act of \n1993''.\n\nSEC. 2. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID.\n\n (a) In General.--Section 1905(a) of the Social Security Act (42 \nU.S.C. 1396d(a)), as amended by the Omnibus Budget Reconciliation Act \nof 1990, is amended--\n (1) by striking ``and'' at the end of paragraph (21);\n (2) in paragraph (24), by striking the comma at the end and \n inserting a semicolon;\n (3) by redesignating paragraphs (22), (23), and (24) as \n paragraphs (21), (22), and (23), respectively, and by \n transferring and inserting paragraph (25) after paragraph (23), \n as so redesignated; and\n (4) by inserting after paragraph (23) the following new \n paragraph:\n ``(24) screening mammography (as defined in subsection \n (t)(1)) that meets the quality standards established under \n section 1834(c)(3), to the extent consistent with the frequency \n permitted under subsection (t)(2); and''.\n (b) Frequency of Coverage.--Section 1905 of the Social Security Act \n(42 U.S.C. 1396d) is amended by adding at the end the following new \nsubsection:\n ``(t) Coverage of Screening Mammography.--\n ``(1) Definition.--The term `screening mammography' means a \n radiologic procedure provided to a woman for the purpose of \n early detection of breast cancer and includes a physician's \n interpretation of the results of the procedure.\n ``(2) Frequency covered.--\n ``(A) In general.--Subject to revision by the \n Secretary under subparagraph (B)--\n ``(i) Medical assistance is not required to \n be made under this title for screening \n mammography performed on a woman under 35 years \n of age.\n ``(ii) Medical assistance is available \n under this title for only 1 screening \n mammography performed on a woman over 34 years \n of age, but under 40 years of age.\n ``(iii) In the case of a woman over 39 \n years of age, but under 50 years of age, who--\n ``(I) is at a high risk of \n developing breast cancer (as determined \n pursuant to factors identified by the \n Secretary), medical assistance is not \n required to be made available under \n this title for a screening mammography \n performed within 11 months of a \n previous screening mammography, or\n ``(II) is not at a high risk of \n developing breast cancer, medical \n assistance is not required to be made \n available under this title for a \n screening mammography performed within \n 23 months of a previous screening \n mammography.\n ``(iv) In the case of a woman over 49 years \n of age, medical assistance is not required to \n be made available under this title for \n screening mammography performed within 11 \n months of a previous screening mammography.\n ``(B) Revision of frequency.--\n ``(i) Review.--The Secretary, in \n consultation with the Director of the National \n Cancer Institute, shall review periodically \n appropriate frequency for performing screening \n mammography, based on age and such other \n factors as the Secretary believes to be \n pertinent.\n ``(ii) Revision of frequency.--The \n Secretary, taking into consideration the review \n made under clause (i), may revise from time to \n time the frequency with which medical \n assistance is required to be made available \n under this title, but no such revision shall \n apply to screening mammography performed before \n January 1, 1993.''.\n (c) Conforming Amendments.--(1) Section 1902(a)(10(A) of such Act \n(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' \nand inserting ``(17), (21) and (24)''.\n (2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is \namended--\n (A) by striking ``(5) and (17)'' and inserting ``(5), (17), \n and (24)''; and\n (B) by striking ``through (21)'' and inserting ``through \n (24)''.\n (3) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking \n``through (22)'' and inserting ``through (24)''.\n (4) Sections 1916(a)(2)(D) and 1916(b)(2)(D) (42 U.S.C. \n1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting \n``services described in section 1905(a)(24)'' before ``family planning \nservices''.\n (d) Effective Date.--(1) Except as provided in paragraph (2), the \namendments made by subsections (a), (b), and (c) shall apply to \nscreening mammography performed on or after January 1, 1994, without \nregard to whether or not final regulations to carry out such amendments \nhave been promulgated by such date.\n (2) In the case of a State plan for medical assistance under title \nXIX of the Social Security Act which the Secretary of Health and Human \nServices determines requires State legislation (other than legislation \nappropriating funds) in order for the plan to meet the additional \nrequirement imposed by the amendments made by this section, the State \nplan shall not be regarded as failing to comply with the requirements \nof such title solely on the basis of its failure to meet this \nadditional requirement before the first day of the first calendar \nquarter beginning after the close of the first regular session of the \nState legislature that begins after the date of the enactment of this \nAct. For purposes of the previous sentence, in the case of a State that \nhas a 2-year legislative session, each year of such session shall be \ndeemed to be a separate regular session of the State legislature.","summary":"Medicaid Mammography Coverage Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests.","title":"Medicaid Mammography Coverage Act of 1993","text_len":6712,"sum_len":404} {"bill_id":"108_hr2157","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Uterine Fibroid Research and \nEducation Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) The development of uterine fibroids is a common and \n significant health problem, affecting women of all ages, racial \n backgrounds, and socioeconomic levels.\n (2) It has been estimated that between 20 and 30 percent of \n women of reproductive age have uterine fibroids, though not all \n have been diagnosed. Studies indicate the prevalence could be \n much higher.\n (3) Symptomatic uterine fibroids can cause heavy bleeding, \n pain, and reproductive problems, including infertility. There \n is no known cause of uterine fibroids.\n (4) Uterine fibroids are the most common indication for \n hysterectomy, accounting for approximately one-third of \n hysterectomies, or 200,000 procedures annually.\n (5) African American women are 2 to 3 times more likely to \n develop uterine fibroids than women of other racial groups.\n (6) The estimated annual charges for inpatient care for \n uterine fibroids totaled more than $2,000,000,000 in 1997.\n (7) The Agency for Healthcare Research and Quality found a \n ``remarkable lack of high quality evidence supporting the \n effectiveness of most interventions for symptomatic fibroids''.\n\nSEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS.\n\n (a) In General.--The Director of the National Institutes of Health \n(in this section referred to as the ``Director of NIH'') shall expand, \nintensify, and coordinate programs for the conduct and support of \nresearch with respect to uterine fibroids.\n (b) Administration.--\n (1) In general.--The Director of NIH shall carry out this \n section through the appropriate institutes, offices, and \n centers, including the National Institute of Child Health and \n Human Development, the National Institute of Environmental \n Health Sciences, the Office of Research on Women's Health, the \n National Center on Minority Health and Health Disparities, and \n any other agencies that the Director of NIH determines to be \n appropriate.\n (2) Coordination of activities.--The Office of Research on \n Women's Health shall coordinate activities under paragraph (1) \n among the institutes, offices, and centers of the National \n Institutes of Health.\n (c) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $10,000,000 \nfor each of the fiscal years 2004 through 2008.\n\nSEC. 4. INFORMATION AND EDUCATION WITH RESPECT TO UTERINE FIBROIDS.\n\n (a) Uterine Fibroids Public Education Program.--\n (1) In general.--The Secretary of Health and Human Services \n (referred to in this section as the ``Secretary''), acting \n through the Director of the Centers for Disease Control and \n Prevention, shall develop and disseminate to the public \n information regarding uterine fibroids, including information \n on--\n (A) the incidence and prevalence of uterine \n fibroids;\n (B) the elevated risk for minority women; and\n (C) the availability, as medically appropriate, of \n a range of treatment options for symptomatic uterine \n fibroids.\n (2) Dissemination.--The Secretary may disseminate \n information under paragraph (1) directly, or through \n arrangements with nonprofit organizations, consumer groups, \n institutions of higher education (as defined in section 101 of \n the Higher Education Act of 1965 (20 U.S.C. 1001)), Federal, \n State, or local agencies, or the media.\n (3) Authorization of appropriations.--For the purpose of \n carrying out this subsection, there are authorized to be \n appropriated such sums as may be necessary for each of the \n fiscal years 2004 through 2008.\n (b) Uterine Fibroids Information Program for Health Care \nProviders.--\n (1) In general.--The Secretary, acting through the \n Administrator of the Health Resources and Services \n Administration, shall develop and disseminate to health care \n providers information on uterine fibroids, including \n information on the elevated risk for minority women and the \n range of available options for the treatment of symptomatic \n uterine fibroids.\n (2) Authorization of appropriations.--For the purpose of \n carrying out this subsection, there are authorized to be \n appropriated such sums as may be necessary for each of the \n fiscal years 2004 through 2008.\n (c) Definition.--For purposes of this section, the term \n``minority'', with respect to women, means women who are members of \nracial or ethnic minority groups within the meaning of section 1707 of \nthe Public Health Service Act (42 U.S.C. 300u-6).","summary":"Uterine Fibroid Research and Education Act of 2003 - Directs the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. Directs the Secretary of Health and Human Services to develop and disseminate to the public information regarding uterine fibroids, including on: (1) the elevated risk for minority women. And (2) the availability of a range of treatment options. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on uterine fibroids, including on: (1) the elevated risk for minority women, and (2) and treatment options.","title":"To provide for uterine fibroid research and education, and for other purposes.","text_len":5161,"sum_len":763} {"bill_id":"111_s3414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dietary Supplement Full \nImplementation and Enforcement Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Each year, more than 150,000,000 Americans regularly \n consume dietary supplements to maintain and improve their \n health.\n (2) Consumer expenditures on dietary supplements exceeded \n $25,000,000,000 in 2008.\n (3) Given the growing awareness of the importance of \n prevention and wellness in the health care system of the United \n States, it is vital that laws governing the safety of, and \n education about, dietary supplements be fully implemented and \n enforced.\n (4) In 1994, Congress approved, and the President signed \n into law, the Dietary Supplement Health and Education Act of \n 1994 (Public Law 103-417) (referred to in this Act as \n ``DSHEA''). DSHEA balanced the importance of continuing \n consumer access to vitamins, minerals, and other dietary \n supplements, promoting scientific research on the benefits and \n risks of dietary supplements, and fostering public education on \n the benefits and risks of supplement use with the need for \n regulatory safeguards to protect consumer health, including a \n new standard for safety, penalties for mislabeled or \n adulterated dietary supplements, rules to ensure scientific \n substantiation of the claims made regarding dietary \n supplements, and a notification requirement to the Food and \n Drug Administration before dietary supplements that contain \n certain new dietary ingredients may be marketed.\n (5) DSHEA requires that claims made on dietary supplement \n labels, packaging, and accompanying material be truthful, non-\n misleading, and substantiated. Manufacturers are prohibited \n from making claims that products are intended to diagnose, \n treat, mitigate, cure, or prevent a disease.\n (6) DSHEA requires that dietary supplements comply with \n good manufacturing practice (referred to in this section as \n ``GMP'') requirements, and authorizes the Food and Drug \n Administration to establish such requirements.\n (7) In 2007, after many years of delay, the Food and Drug \n Administration published regulations detailing the GMP \n requirements for dietary supplements, including requirements \n for identity, purity, strength, sanitary conditions, and \n recordkeeping. The Food and Drug Administration began to \n enforce those requirements in 2008.\n (8) DSHEA requires that, before marketing a dietary \n supplement containing certain new dietary ingredients, the \n manufacturer or distributor must submit notice to the Food and \n Drug Administration that includes information showing that the \n dietary supplement will reasonably be expected to be safe. \n According to the Food and Drug Administration, the Food and \n Drug Administration has raised objections to more than 70 \n percent of all new dietary ingredient notifications submitted \n to the agency.\n (9) The Food and Drug Administration has successfully used \n the adulteration provisions of DSHEA to remove from the \n marketplace dietary supplements that present an unreasonable \n risk of injury or illness.\n (10) In 2002, Congress passed the Public Health Security \n and Bioterrorism Preparedness and Response Act (Public Law 107-\n 188). This law requires any facility engaged in manufacturing, \n processing, packing, or holding food for consumption in the \n United States, including dietary supplements, to be registered \n with the Food and Drug Administration.\n (11) In 2006, Congress supplemented DSHEA by approving the \n Dietary Supplement and Nonprescription Drug Consumer Protection \n Act (Public Law 109-462). This law requires dietary supplement \n manufacturers, packers, and distributors to report promptly to \n the Food and Drug Administration any reports the manufacturer \n or other responsible person receives of serious adverse events \n associated with the use of the products of such manufacturer or \n other responsible person. Information the Food and Drug \n Administration receives under this reporting requirement may \n help the agency detect possible safety problems related to \n dietary supplement products or ingredients.\n (12) DSHEA created the Office of Dietary Supplements within \n the National Institutes of Health to expand research and \n consumer information about the health effects of dietary \n supplements. The Office of Dietary Supplements has greatly \n expanded the number of scientific studies of dietary \n supplements and the availability of reliable information to \n consumers.\n (13) While the Food and Drug Administration has taken some \n important steps to implement and enforce DSHEA and the other \n laws governing the regulation of dietary supplements, the \n agency has not fully implemented and enforced DSHEA and the \n other laws governing the regulation of dietary supplements.\n (14) Both the public and regulated industry would benefit \n from more guidance from the Food and Drug Administration on the \n procedures and definitions concerning the regulation of new \n dietary ingredients under section 413 of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 350b).\n (15) If the Food and Drug Administration determines that a \n product labeled as a dietary supplement includes an anabolic \n steroid or an analogue of an anabolic steroid, the Food and \n Drug Administration does not systematically notify the Drug \n Enforcement Administration of that determination.\n (16) The Food and Drug Administration needs adequate \n resources to implement and enforce DSHEA and other laws \n governing the regulation of dietary supplements appropriately. \n Congress has appropriated additional funds over the last \n several years to implement and enforce DSHEA, reaching more \n than $14,000,000 for fiscal year 2009.\n (17) According to the Food and Drug Administration, full \n implementation of DSHEA and the other laws governing the \n regulation of dietary supplements would require substantial \n additional resources. In 2002, the Food and Drug Administration \n reported to Congress in writing that the agency would need \n between $24,000,000 and $65,000,000 per year to fully implement \n DSHEA.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that:\n (1) The Food and Drug Administration should increase \n efforts to implement DSHEA more fully and effectively, by--\n (A) providing Congress with a professional judgment \n estimate of the annual costs during the 5-year period \n beginning on the date of enactment of this Act to fully \n implement and enforce DSHEA and other dietary \n supplement laws and regulations under the jurisdiction \n of the Food and Drug Administration;\n (B) conducting inspections, using appropriately \n trained inspection personnel, of all facilities in \n which a dietary supplement is manufactured, processed, \n packed, or held to ensure compliance with the new \n dietary supplement good manufacturing practices \n regulations;\n (C) using the authority under DSHEA to protect the \n public from unsafe dietary supplement products and \n ingredients and to ensure that claims made are \n truthful, non-misleading, and substantiated, with \n highest regulatory priority given to cases of clear \n violations of the law (including the intentional \n adulteration and spiking of products);\n (D) implementing the recommendations contained in \n the January 2009 report of the Government \n Accountability Office, entitled, ``Dietary Supplements: \n FDA Should Take Further Actions To Improve Oversight \n and Consumer Understanding'', (GAO 09-250) that the \n Food and Drug Administration--\n (i) require all dietary supplement \n manufacturers, packers, and distributors to \n identify themselves specifically as such under \n existing registration requirements and to \n update such information annually;\n (ii) promptly issue guidance to clarify \n when a dietary supplement ingredient is a new \n dietary ingredient, the evidence needed to \n document the safety of new dietary ingredients, \n and appropriate methods for establishing the \n identity of a new dietary ingredient; and\n (iii) coordinate with stakeholder groups \n involved in consumer outreach to identify, \n implement, and evaluate the effectiveness of \n additional mechanisms for educating consumers \n about the safety, efficacy, and labeling of \n dietary supplements; and\n (E) notifying the Drug Enforcement Administration \n if the Food and Drug Administration determines that the \n information in a new dietary ingredient notification \n submitted under section 413 of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 350b) is inadequate to \n establish that the new dietary ingredient will \n reasonably be expected to be safe, because the dietary \n supplement may contain an anabolic steroid or an \n analogue of an anabolic steroid.\n (2) The manufacturers, packers, retailers, and distributors \n of dietary supplements and dietary supplement ingredients \n should increase efforts to--\n (A) comply fully with all requirements of DSHEA and \n the Dietary Supplement and Nonprescription Drug \n Consumer Protection Act;\n (B) cooperate fully and appropriately with the Food \n and Drug Administration in implementation and \n enforcement of Federal laws and regulations; and\n (C) provide the Food and Drug Administration with \n appropriate input on known and suspected violations of \n such laws and regulations.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS AND ALLOCATION OF RESOURCES.\n\n (a) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out the Dietary Supplement Health and Education \nAct of 1994, the amendments made by such Act, and other provisions \nunder the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) \nthat apply to dietary supplements, $30,000,000 for fiscal year 2011 and \nsuch sums as may be necessary for each of fiscal years 2012 through \n2014.\n (b) Allocation of Funds for Fiscal Year 2010.--From funds \nappropriated to the Food and Drug Administration for fiscal year 2010 \nfor the purpose of enhancing food safety, not less than $20,000,000 \nshall be expended to effectively and fully implement and enforce the \nDietary Supplement Health and Education Act of 1994, the amendments \nmade by such Act, and other provisions under the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary \nsupplements.\n (c) Office of Dietary Supplements.--There are authorized to be \nappropriated for expanded research and development of consumer \ninformation on dietary supplements by the Office of Dietary Supplements \nat the National Institutes of Health--\n (1) $40,000,000 for fiscal year 2010; and\n (2) such sums as may be necessary for each of the fiscal \n years 2011 through 2014.\n\nSEC. 5. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY \n SUPPLEMENTS.\n\n (a) In General.--Not later than January 31, 2011, and annually \nthereafter, the Secretary of Health and Human Services shall submit a \nreport to Congress on the implementation and enforcement of the Dietary \nSupplement Health and Education Act of 1994 and the amendments made by \nsuch Act.\n (b) Contents.--The report under subsection (a) shall include the \nfollowing:\n (1) The total funding and number of full-time equivalent \n personnel in the Food and Drug Administration dedicated to \n dietary supplement regulation during the prior fiscal year.\n (2) The total funding and number of full-time equivalent \n personnel in the Food and Drug Administration dedicated to \n administering adverse event reporting systems, as such systems \n relate to dietary supplement regulation, during the prior \n fiscal year.\n (3) The total funding and number of full-time equivalent \n personnel in the Food and Drug Administration dedicated to \n enforcement of dietary supplement labeling and claims \n requirements during the prior fiscal year and a brief \n explanation of the activities of such personnel.\n (4) The total funding and number of full-time equivalent \n personnel in the Food and Drug Administration dedicated to the \n review and enforcement of good manufacturing practice \n requirements with respect to dietary supplements during the \n prior fiscal year.\n (5) The number of inspections at which the Food and Drug \n Administration evaluated or reviewed the compliance of a \n manufacturer with good manufacturing practices for dietary \n supplements during the prior fiscal year, and the number of \n times the Food and Drug Administration issued a warning letter \n because it determined that such manufacturer was not in \n compliance with some aspect of such requirements.\n (6) The number of new dietary ingredient notification \n reviews that the Food and Drug Administration performed during \n the prior fiscal year and the number of times the Food and Drug \n Administration objected to the marketing of the dietary \n supplement described in such notification reviews.\n (7) The number of times the Food and Drug Administration \n issued a warning letter or initiated an enforcement action \n against a manufacturer or distributor for failure to file a new \n dietary ingredient notification as required under section 413 \n of the Federal Food, Drug, and Cosmetic Act.\n (8) A brief summary and explanation of all enforcement \n actions taken by the Food and Drug Administration and the \n Department of Health and Human Services related to dietary \n supplements during the prior fiscal year, including the number \n and type of actions.\n (9) The number of times the Food and Drug Administration \n requested substantiation of dietary supplement claims from a \n manufacturer during the prior fiscal year, the number of times \n a manufacturer refused to provide such information, and the \n response of the agency in such situations.\n (10) The number of dietary supplement claims determined by \n the Food and Drug Administration during the prior fiscal year \n to be false, misleading, or not substantiated, and a \n description of the follow-up action taken by the agency in such \n instances.\n (11) The research and consumer education activities \n supported by the Office of Dietary Supplements of the National \n Institutes of Health during the prior fiscal year.\n (12) Any recommendations for administrative or legislative \n actions to improve the regulation of dietary supplements.\n (13) Any other information regarding the regulation of \n dietary supplements determined appropriate by the Secretary of \n Health and Human Services or the Commissioner of Food and \n Drugs.\n\nSEC. 6. NEW DIETARY INGREDIENTS.\n\n (a) Guidelines for Introducing New Dietary Ingredients.--Section \n413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is \namended--\n (1) by redesignating subsection (c) as subsection (e); and\n (2) by inserting after subsection (b) the following:\n ``(c) Guidelines.--Not later than 180 days after the date of \nenactment of the Dietary Supplement Full Implementation and Enforcement \nAct of 2010, the Secretary shall publish guidance that clarifies when a \ndietary supplement ingredient is a new dietary ingredient, when the \nmanufacturer or distributor of a dietary ingredient or dietary \nsupplement should provide the Secretary with information as described \nin subsection (a)(2), the evidence needed to document the safety of new \ndietary ingredients, and appropriate methods for establishing the \nidentity of a new dietary ingredient.\n ``(d) Notification to DEA.--\n ``(1) In general.--If the Secretary determines that the \n information in a new dietary ingredient notification submitted \n under this section for an article purported to be a new dietary \n ingredient is inadequate to establish that a dietary supplement \n containing such article will reasonably be expected to be safe \n because the article may be, or may contain, an anabolic steroid \n or an analogue of an anabolic steroid, the Secretary shall \n notify the Drug Enforcement Administration of such \n determination. Such notification by the Secretary shall \n include, at a minimum, the name of the product or article, the \n name of the person or persons who marketed the product or made \n the submission of information regarding the article to the \n Secretary under this section, and any contact information for \n such person or persons that the Secretary has.\n ``(2) Definitions.--For purposes of this subsection--\n ``(A) the term `anabolic steroid' has the meaning \n given such term in section 102(41) of the Controlled \n Substances Act; and\n ``(B) the term `analogue of an anabolic steroid' \n means a substance whose chemical structure is \n substantially similar to the chemical structure of an \n anabolic steroid.''.","summary":"Dietary Supplement Full Implementation and Enforcement Act of 2010 - Authorizes appropriations for FY2011-FY2014 to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and other provisions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that apply to dietary supplements. Requires the allocation of funds appropriated to the Food and Drug Administration (FDA) for FY2010 for the purpose of enhancing food safety to be expended to effectively and fully implement and enforce DSHEA and other FFDCA provisions that apply to dietary supplements. Authorizes appropriations for FY2010-FY2014 for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH). Requires the Secretary of Health and Human Services (HHS) to report to Congress annually on the implementation and enforcement of DSHEA and its amendments. Amends the FFDCA to require the Secretary to publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with safety information, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient. Requires the Secretary to notify the Drug Enforcement Agency (DEA) if information in a new dietary ingredient notification is inadequate to establish that a dietary supplement containing such ingredient will reasonably be expected to be safe because the ingredient may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid.","title":"A bill to ensure that the Dietary Supplement Health and Education Act of 1994 and other requirements for dietary supplements under the jurisdiction of the Food and Drug Administration are fully implemented and enforced, and for other purposes.","text_len":19275,"sum_len":1718} {"bill_id":"110_hr1790","text":"SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS, INCLUDING \n TRANSLATORS AND INTERPRETERS, SERVING WITH FEDERAL \n AGENCIES IN IRAQ AND AFGHANISTAN.\n\n (a) Increase in Numbers Admitted and Aliens Eligible.--\n (1) In general.--Section 1059 of the National Defense \n Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is \n amended--\n (A) in the heading, by striking ``as translators \n with united states armed forces'' and inserting ``with \n federal agencies in iraq and afghanistan'';\n (B) in subsection (b)(1)--\n (i) in subparagraph (B), by striking ``as a \n translator'' and inserting ``, or under Chief \n of Mission authority, as a translator, \n interpreter, or other capacity'' ;\n (ii) in subparagraph (C), by inserting \n ``the Chief of Mission or'' after \n ``recommendation from''; and\n (iii) in subparagraph (D), by inserting \n ``the Chief of Mission or'' after ``as \n determined by''; and\n (C) in subsection (c)(1), by inserting ``(or, \n beginning with fiscal year 2007, 500 or such greater \n number as the Secretary of Homeland Security determines \n is warranted by the circumstances)'' after ``50''.\n (2) Review.--If the circumstances warrant, the Secretary of \n Homeland Security, in consultation with the Secretary of State, \n shall review the numerical limitation established under section \n 1059(c)(1) of such Act, as amended by paragraph (1)(B), and may \n submit a report to Congress recommending an increase in such \n limitation.\n (3) Report.--The Secretary of Homeland Security shall \n submit to Congress a report whenever the Secretary increases, \n under subsection (c)(1) of section 1059 of such Act, as amended \n by paragraph (1)(B), the number of aliens provided special \n immigrant status under such section. Such report shall include \n an explanation of the circumstances warranting such increase.\n (b) Exclusion From Numerical Limitation.--Section 1059(c)(2) of \nsuch Act is amended--\n (1) in the heading, by striking ``Counting against'' and \n inserting ``Exclusion from''; and\n (2) by inserting before the period at the end the \n following: ``but shall not be counted against any numerical \n limitation under section 201(d), 202(a), or 203(b)(4) of such \n Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4))''.\n (c) Adjustment of Status.--Section 1059 of such Act is further \namended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following:\n ``(d) Adjustment of Status.--Notwithstanding paragraphs (2), (7), \nand (8) of section 245(c) of the Immigration and Nationality Act (8 \nU.S.C. 1255(c)), the Secretary of Homeland Security may adjust the \nstatus of an alien to that of a lawful permanent resident under section \n245(a) of such Act if the alien--\n ``(1) was paroled or admitted as a nonimmigrant into the \n United States; and\n ``(2) is otherwise eligible for special immigrant status \n under this section and under the Immigration and Nationality \n Act.''.\n (d) Refugee Assistance Eligibility.--Section 1059 of such Act, as \namended by subsection (c), is further amended--\n (1) by redesignating (e) as subsection (f); and\n (2) by inserting after subsection (d) the following:\n ``(e) Eligibility for Refugee Assistance.--Any alien provided \nspecial immigrant status under this section shall be eligible for \nbenefits under chapter 2 of title IV of the Immigration and Nationality \nAct to the same extent as individuals admitted (or awaiting admission) \nto the United States under section 207 of such Act are eligible for \nbenefits under such chapter.''.\n (e) Sunset Provision.--Section 1059 of such Act, as amended by \nsubsections (c) and (d), is further amended by adding at the end the \nfollowing:\n ``(g) Sunset Provision.--\n ``(1) In general.--This section is repealed on the date \n that is 3 years after the date of the enactment of this \n subsection.\n ``(2) Applicability.--Notwithstanding paragraph (1), the \n Secretary of Homeland Security may provide an alien with the \n status of a special immigrant under this section if--\n ``(A) the alien's petition for such status was \n pending before the date described in paragraph (1); and\n ``(B) the alien was eligible for such status at the \n time the petition was filed.''.","summary":"Amends the National Defense Authorization Act for Fiscal Year 2006 to authorize special immigrant status for certain Afghan or Iraqi translators or interpreters working with the US Armed Forces or federal agencies in Afghanistan and Iraq. Authorizes: (1) additional annual entrants, (2) adjustment to permanent resident status. And (3) eligibility for refugee assistance. Sunsets such special immigrant provisions.","title":"To amend the National Defense Authorization Act for Fiscal Year 2006 to expand the provision of special immigrant status for certain aliens, including translators or interpreters, serving with Federal agencies in Iraq and Afghanistan.","text_len":5019,"sum_len":414} {"bill_id":"103_hr1183","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Railroad Right-of-Way Conveyance \nValidation Act''.\n\nSEC. 2. VALIDATION OF CONVEYANCES.\n\n Except as provided in section 5, the conveyances described in \nsection 3 (involving certain lands in Nevada County, State of \nCalifornia) and section 4 (involving certain lands in San Joaquin \nCounty, State of California) concerning lands that form parts of the \nright-of-way granted by the United States to the Central Pacific \nRailway Company in the Act entitled ``An Act to aid in the Construction \nof a Railroad and Telegraph Line from the Missouri River to the Pacific \nOcean, and to secure to the Government the Use of the same for Postal, \nMilitary, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), \nhereby are legalized, validated, and confirmed, as far as any interest \nof the United States in such lands is concerned, with the same force \nand effect as if the land involved in each such conveyance had been \nheld, on the date of such conveyance, under absolute fee simple title \nby the grantor of such land.\nSEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.\n The conveyances of land in Nevada County, State of California, \nreferred to in section 2 are as follows:\n (1) The conveyances entered into between the Southern Pacific \n Transportation Company, grantor, and David G. ``Otis'' Kantz and \n Virginia Thomas Bills Kantz, husband and wife, as joint tenants, \n grantees, recorded June 10, 1987, as instrument number 87-15995 in \n the official records of the county of Nevada.\n (2) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Antone Silva and Martha E. \n Silva, his wife, grantees, recorded June 10, 1987, as instrument \n number 87-15996 in the official records of the county of Nevada.\n (3) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Charlie D. Roeschen and Renee \n Roeschen, husband and wife as joint tenants, grantees, recorded \n June 10, 1987, as instrument number 87-15997 in the official \n records of the county of Nevada.\n (4) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Manuel F. Nevarez and \n Margarita Nevarez, his wife, as joint tenants, grantees, recorded \n June 10, 1987, as instrument number 87-15998 in the official \n records of the county of Nevada.\n (5) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Susan P. Summers, grantee, \n recorded June 10, 1987, as instrument number 87-15999 in the \n official records of the county of Nevada.\n (6) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and James L. Porter, a single man, \n as his sole and separate property, grantee, recorded June 10, 1987, \n as instrument number 87-16000 in the official records of the county \n of Nevada.\n (7) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Robert L. Helin, a single man, \n grantee, recorded June 10, 1987, as instrument number 87-16001 in \n the official records of the county of Nevada.\n (8) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Thomas S. Archer and Laura J. \n Archer, husband and wife, as joint tenants, grantees, recorded June \n 10, 1987, as instrument number 87-16002 in the official records of \n the county of Nevada.\n (9) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Wallace L. Stevens, a single \n man, grantee, recorded June 10, 1987, as instrument number 87-16003 \n in the official records of the county of Nevada.\n (10) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Sierra Pacific Power Company, \n grantees, recorded June 10, 1987, as instrument number 87-16004 in \n the official records of the county of Nevada.\n (11) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Truckee Public Utility \n District, grantees, recorded June 10, 1987, as instrument number \n 87-16005 in the official records of the county of Nevada.\n (12) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Dwayne W. Haddock and Bertha \n M. Haddock, his wife as joint tenants, grantees, recorded June 10, \n 1987, as instrument number 87-16006 in the official records of the \n county of Nevada.\n (13) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and William C. Thorn, grantee, \n recorded June 10, 1987, as instrument number 87-16007 in the \n official records of the county of Nevada.\n (14) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Jose Guadelupe Lopez, \n grantees, recorded June 10, 1987, as instrument number 87-16008 in \n the official records of the county of Nevada.\n (15) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Harold O. Dixon, an unmarried \n man, as to an undivided half interest, and Pedro Lopez, a married \n man, as to an undivided half interest, as joint tenants, grantees, \n recorded June 10, 1987, as instrument number 87-16009 in the \n official records of the county of Nevada.\n (16) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Robert E. Sutton and Patricia \n S. Sutton, husband and wife, as joint tenants, grantees, recorded \n June 10, 1987, as instrument number 87-16010 in the official \n records of the county of Nevada.\n (17) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Angelo C. Besio and Eva G. \n Besio, his wife, grantees, recorded June 10, 1987, as instrument \n number 87-16011 in the official records of the county of Nevada.\n (18) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Lawrence P. Young and Mary K. \n Young, husband and wife, as joint tenants, grantees, recorded June \n 10, 1987, as instrument number 87-16012 in the official records of \n the county of Nevada.\n (19) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and the estate of Charles Clyde \n Cozzaglio, grantee, recorded June 10, 1987, as instrument number \n 87-16013 in the official records of the county of Nevada.\n (20) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Noel T. Hargreaves, an \n unmarried woman, as her sole and separate property, grantee, \n recorded June 10, 1987, as instrument number 87-16014 in the \n official records of the county of Nevada.\n (21) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Athleisure Enterprises, \n Incorporated, a Nevada corporation, grantees, recorded January 24, \n 1989, as instrument number 89-01803 in the official records of the \n county of Nevada.\n (22) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Richard Bwarie, a single man \n as to an undivided one-half interest, and Roger S. Gannam and \n Lucille Gannam, husband and wife, as joint tenants, as to an \n undivided one-half interest, grantees, recorded January 24, 1989, \n as instrument number 89-01804 in the official records of the county \n of Nevada.\n (23) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and William Campbell and Juanita \n R. Campbell, his wife as joint tenants, grantees, recorded January \n 24, 1989, as instrument number 89-01805 in the official records of \n the county of Nevada.\n (24) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and William E. Cannon and Lynn M. \n Cannon, husband and wife, as joint tenants as to an undivided one-\n half interest, and Brent Collinson and Dianne Collinson, husband \n and wife, as joint tenants, as to an undivided one-half interest, \n grantees, recorded January 24, 1989, as instrument number 89-01806 \n in the official records of the county of Nevada.\n (25) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Christopher G. Eaton and \n Bernadette M. Eaton, husband and wife as community property, \n grantees, recorded January 24, 1989, as instrument number 89-01807 \n in the official records of the county of Nevada.\n (26) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Christopher G. Eaton, grantee, \n recorded January 24, 1989, as instrument number 89-01808 in the \n official records of the county of Nevada.\n (27) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Valeria M. Kelly, an unmarried \n woman, grantee, recorded January 24, 1989, as instrument number 89-\n 01809 in the official records of the county of Nevada.\n (28) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and William J. Kuttel and Delia \n Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, \n as instrument number 89-01810 in the official records of the county \n of Nevada.\n (29) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Thomas A. Lippert and Laurel \n A. Lippert, husband and wife, grantees, recorded January 24, 1989, \n as instrument number 89-01811 in the official records of the county \n of Nevada.\n (30) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Fred J. Mahler, a single man, \n grantee, recorded January 24, 1989, as instrument number 89-01812 \n in the official records of the county of Nevada.\n (31) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Francis Doyle McGwinn also \n known as Doyle F. McGwinn, a widower, grantee, recorded January 24, \n 1989, as instrument number 89-01813 in the official records of the \n county of Nevada.\n (32) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and James D. Ritchie and Susan \n Ritchie, husband and wife, as joint tenants, grantees, recorded \n January 24, 1989, as instrument number 89-01814 in the official \n records of the county of Nevada.\n (33) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and William R. Smith and Joan M. \n Smith, his wife, as joint tenants, grantees, recorded January 24, \n 1989, as instrument number 89-01815 in the official records of the \n county of Nevada.\n (34) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Anthony J. Stile and Laura A. \n Stile, husband and wife, as joint tenants, grantees, recorded \n January 24, 1989, as instrument number 89-01816 in the official \n records of the county of Nevada.\n (35) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Thomas R. Stokes, a single \n man, and Carla J. Stewart, a single woman, as joint tenants, \n grantees, recorded January 24, 1989, as instrument number 89-01817 \n in the official records of the county of Nevada.\n (36) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Tom's Television System, \n Incorporated, a California Corporation, grantees, recorded January \n 24, 1989, as instrument number 89-01818 in the official records of \n the county of Nevada.\n (37) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Tom's Television System, \n Incorporated, a California corporation, grantees, recorded January \n 24, 1989, as instrument number 89-01819 in the official records of \n the county of Nevada.\n (38) The conveyances entered into between the Southern Pacific \n Transportation Company, grantor, and Harry M. Welch and Betty R. \n Welch, his wife, as joint tenants, grantees, recorded January 24, \n 1989, as instrument number 89-01820 in the official records of the \n county of Nevada.\n (39) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Harry Fariel and Joan Fariel, \n husband and wife, as joint tenants, grantees, recorded February 2, \n 1989, as instrument number 89-02748 in the official records of the \n county of Nevada.\n (40) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Edward Candler and May \n Candler, husband and wife as community property, as to an undivided \n two-thirds interest; and Harry Fariel and Joan Fariel, husband and \n wife, as joint tenants, as to an undivided one-third interest, \n grantees, recorded February 2, 1989, as instrument number 89-02749 \n in the official records of the county of Nevada.\n (41) The conveyance entered into between the Central Pacific \n Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, \n recorded April 7, 1894, in Book 79 of Deeds at page 679, official \n records of the county of Nevada.\n (42) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and John David Gay and Elizabeth \n Jean Gay, as Trustees of the David and Elizabeth Gay Trust, \n grantees, recorded October 3, 1991, as instrument number 91-30654 \n of the official records of the county of Nevada.\nSEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.\n The conveyances of land in San Joaquin County, State of California, \nreferred to in section 2 are as follows:\n (1) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Ronald M. Lauchland and \n Lillian R. Lauchland, grantees, recorded October 1, 1985, as \n instrument number 85066621 in the official records of the county of \n San Joaquin.\n (2) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Bradford A. Lange and Susan J. \n Lange, his wife, as to an undivided one-half, and Randall W. Lange \n and Charlene J. Lange, his wife, as to an undivided one-half \n interest, grantees, recorded October 1, 1985, as instrument number \n 85066623 in the official records of the county of San Joaquin.\n (3) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. \n Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded \n October 1, 1985, as instrument number 85066625 in the official \n records of the county of San Joaquin.\n (4) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Louis J. Bennett, grantees, \n recorded October 1, 1985, as instrument number 85066627 in the \n official records of the county of San Joaquin.\n (5) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Joe Alves Correia and Leontina \n Correia, his wife, grantees, recorded September 1, 1970, instrument \n number 33915, in book 3428, page 461, of the official records of \n the county of San Joaquin.\n (6) The conveyance entered into between the Southern Pacific \n Transportation Company, grantor, and Willard H. Fike, Jr., and \n Dorla E. Fike, his wife, grantees, recorded January 7, 1988, \n instrument number 88001473 of the official records of the county of \n San Joaquin.\n (7) The conveyance entered into between Central Pacific \n Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, \n Grantees, dated May 31, 1949, recorded June 14, 1949, in volume \n 1179 at page 394 of the official records of the county of San \n Joaquin.\n (8) The conveyance entered into between the Central Pacific \n Railway Company, a corporation, and its Lessee, Southern Pacific \n Company, a corporation, Grantor, and Lodi Winery, Incorporated, \n Grantee, dated August 2, 1938, recorded May 23, 1940, in volume \n 692, page 249, of the official records of the county of San \n Joaquin.\n\nSEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.\n\n (a) Scope.--Nothing in this Act shall be construed to--\n (1) diminish the right-of-way referred to in section 2 to a \n width of less than fifty feet on each side of the center of the \n main track or tracks maintained by the Southern Pacific \n Transportation Company on the date of enactment of this Act; or\n (2) legalize, validate, or confirm, with respect to any land \n that is the subject of a conveyance referred to in section 3 or 4, \n any right or title to, or interest in, such land arising out of \n adverse possession, prescription, or abandonment, and not confirmed \n by such conveyance.\n (b) Minerals.--(1) The United States hereby reserves any federally-\nowned minerals that may exist in land that is conveyed pursuant to \nsection 2 of this Act, including the right of the United States, its \nassignees or lessees, to enter upon and utilize as much of the surface \nof said land as is necessary to remove minerals under the laws of the \nUnited States.\n (2) Any and all minerals reserved by paragraph (1) are hereby \nwithdrawn from all forms of entry, appropriation, and patent under the \nmining, mineral leasing, and geothermal leasing laws of the United \nStates.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.","title":"To validate conveyances of certain lands in the State of California that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.","text_len":18480,"sum_len":240} {"bill_id":"108_hr548","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Survivor Benefits \nImprovement Act of 2003''.\n\nSEC. 2. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR \n SURVIVING SPOUSES OVER AGE 62.\n\n (a) Phased Increase in Basic Annuity.--\n (1) Standard annuity.--\n (A) Increase to 55 percent.--Clause (i) of \n subsection (a)(1)(B) of section 1451 of title 10, \n United States Code, is amended by striking ``35 percent \n of the base amount.'' and inserting ``the product of \n the base amount and the percent applicable to the \n month, as follows:\n ``(I) For a month before October \n 2004, the applicable percent is 35 \n percent.\n ``(II) For a month during fiscal \n year 2005, the applicable percent is 40 \n percent.\n ``(III) For a month during fiscal \n year 2006, the applicable percent is 45 \n percent.\n ``(IV) For a month during fiscal \n year 2007, the applicable percent is 50 \n percent.\n ``(V) For a month during a fiscal \n year after fiscal year 2007, the \n applicable percent is 55 percent.''.\n (B) Coordination with savings provision under prior \n law.--Clause (ii) of such subsection is amended by \n striking ``, at the time the beneficiary becomes \n entitled to the annuity,''.\n (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) \n of such section is amended by striking ``35 percent'' and \n inserting ``the percent specified under subsection (a)(1)(B)(i) \n as being applicable for the month''.\n (3) Survivors of eligible persons dying on active duty, \n etc.--\n (A) Increase to 55 percent.--Clause (i) of \n subsection (c)(1)(B) of such section is amended--\n (i) by striking ``35 percent'' and \n inserting ``the applicable percent''; and\n (ii) by adding at the end the following: \n ``The percent applicable for a month under the \n preceding sentence is the percent specified \n under subsection (a)(1)(B)(i) as being \n applicable for that month.''.\n (B) Coordination with savings provision under prior \n law.--Clause (ii) of such subsection is amended by \n striking ``, at the time the beneficiary becomes \n entitled to the annuity,''.\n (4) Clerical amendment.--The heading for subsection \n (d)(2)(A) of such section is amended to read as follows: \n ``Computation of annuity.--''.\n (b) Corresponding Phased Elimination of Supplemental Annuity.--\n (1) Phased reduction of supplemental annuity.--Section \n 1457(b) of title 10, United States Code, is amended--\n (A) by striking ``5, 10, 15, or 20 percent'' and \n inserting ``the applicable percent''; and\n (B) by inserting after the first sentence the \n following: ``The percent used for the computation shall \n be an even multiple of 5 percent and, whatever the \n percent specified in the election, may not exceed 20 \n percent for months before October 2004, 15 percent for \n months during fiscal year 2005, 10 percent for months \n during fiscal year 2006, and 5 percent for months after \n September 2006.''.\n (2) Repeal upon implementation of 55 percent sbp annuity.--\n Effective on October 1, 2007, chapter 73 of such title is \n amended--\n (A) by striking subchapter III; and\n (B) by striking the item relating to subchapter III \n in the table of subchapters at the beginning of that \n chapter.\n (c) Recomputation of Annuities.--\n (1) Periodic recomputation required.--Effective on the \n first day of each month specified in paragraph (2)--\n (A) each annuity under section 1450 of title 10, \n United States Code, that commenced before that month, \n is computed under a provision of section 1451 of that \n title amended by subsection (a), and is payable for \n that month shall be recomputed so as to be equal to the \n amount that would be in effect if the percent \n applicable for that month under that provision, as so \n amended, had been used for the initial computation of \n the annuity; and\n (B) each supplemental survivor annuity under \n section 1457 of such title that commenced before that \n month and is payable for that month shall be recomputed \n so as to be equal to the amount that would be in effect \n if the percent applicable for that month under that \n section, as amended by this section, had been used for \n the initial computation of the supplemental survivor \n annuity.\n (2) Time for recomputation.--The requirement under \n paragraph (1) for recomputation of certain annuities applies \n with respect to the following months:\n (A) October 2004.\n (B) October 2005.\n (C) October 2006.\n (D) October 2007.\n (d) Recomputation of Retired Pay Reductions for Supplemental \nSurvivor Annuities.--The Secretary of Defense shall take such actions \nas are necessitated by the amendments made by subsection (b) and the \nrequirements of subsection (c)(1)(B) to ensure that the reductions in \nretired pay under section 1460 of title 10, United States Code, are \nadjusted to achieve the objectives set forth in subsection (b) of that \nsection.\n\nSEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING \n OCTOBER 1, 2004.\n\n (a) Persons Not Currently Participating in Survivor Benefit Plan.--\n (1) Election of sbp coverage.--An eligible retired or \n former member may elect to participate in the Survivor Benefit \n Plan under subchapter II of chapter 73 of title 10, United \n States Code, during the open enrollment period specified in \n subsection (f).\n (2) Election of supplemental annuity coverage.--An eligible \n retired or former member who elects under paragraph (1) to \n participate in the Survivor Benefit Plan at the maximum level \n may also elect during the open enrollment period to participate \n in the Supplemental Survivor Benefit Plan established under \n subchapter III of chapter 73 of title 10, United States Code.\n (3) Eligible retired or former member.--For purposes of \n paragraphs (1) and (2), an eligible retired or former member is \n a member or former member of the uniformed services who on the \n day before the first day of the open enrollment period is not a \n participant in the Survivor Benefit Plan and--\n (A) is entitled to retired pay; or\n (B) would be entitled to retired pay under chapter \n 1223 of title 10, United States Code, but for the fact \n that such member or former member is under 60 years of \n age.\n (4) Status under sbp of persons making elections.--\n (A) Standard annuity.--A person making an election \n under paragraph (1) by reason of eligibility under \n paragraph (3)(A) shall be treated for all purposes as \n providing a standard annuity under the Survivor Benefit \n Plan.\n (B) Reserve-component annuity.--A person making an \n election under paragraph (1) by reason of eligibility \n under paragraph (3)(B) shall be treated for all \n purposes as providing a reserve-component annuity under \n the Survivor Benefit Plan.\n (b) Election To Increase Coverage Under SBP.--A person who on the \nday before the first day of the open enrollment period is a participant \nin the Survivor Benefit Plan but is not participating at the maximum \nbase amount or is providing coverage under the Plan for a dependent \nchild and not for the person's spouse or former spouse may, during the \nopen enrollment period, elect to--\n (1) participate in the Plan at a higher base amount (not in \n excess of the participant's retired pay); or\n (2) provide annuity coverage under the Plan for the \n person's spouse or former spouse at a base amount not less than \n the base amount provided for the dependent child.\n (c) Election for Current SBP Participants To Participate in \nSupplemental SBP.--\n (1) Election.--A person who is eligible to make an election \n under this paragraph may elect during the open enrollment \n period to participate in the Supplemental Survivor Benefit Plan \n established under subchapter III of chapter 73 of title 10, \n United States Code, as added by section 1404.\n (2) Persons eligible.--Except as provided in paragraph (3), \n a person is eligible to make an election under paragraph (1) if \n on the day before the first day of the open enrollment period \n the person is a participant in the Survivor Benefit Plan at the \n maximum level, or during the open enrollment period the person \n increases the level of such participation to the maximum level \n under subsection (b) of this section, and under that Plan is \n providing annuity coverage for the person's spouse or a former \n spouse.\n (3) Limitation on eligibility for certain sbp participants \n not affected by two-tier annuity computation.--A person is not \n eligible to make an election under paragraph (1) if (as \n determined by the Secretary concerned) the annuity of a spouse \n or former spouse beneficiary of that person under the Survivor \n Benefit Plan will be computed under section 1451(e) of title \n 10, United States Code. However, such a person may during the \n open enrollment period waive the right to have that annuity \n computed under such section. Any such election is irrevocable. \n A person making such a waiver may make an election under \n paragraph (1) as in the case of any other participant in the \n Survivor Benefit Plan.\n (d) Manner of Making Elections.--An election under this section \nmust be made in writing, signed by the person making the election, and \nreceived by the Secretary concerned before the end of the open \nenrollment period. Any such election shall be made subject to the same \nconditions, and with the same opportunities for designation of \nbeneficiaries and specification of base amount, that apply under the \nSurvivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the \ncase may be. A person making an election under subsection (a) to \nprovide a reserve-component annuity shall make a designation described \nin section 1448(e) of title 10, United States Code.\n (e) Effective Date for Elections.--Any such election shall be \neffective as of the first day of the first calendar month following the \nmonth in which the election is received by the Secretary concerned.\n (f) Open Enrollment Period Defined.--The open enrollment period is \nthe one-year period beginning on October 1, 2004.\n (g) Effect of Death of Person Making Election Within Two Years of \nMaking Election.--If a person making an election under this section \ndies before the end of the two-year period beginning on the effective \ndate of the election, the election is void and the amount of any \nreduction in retired pay of the person that is attributable to the \nelection shall be paid in a lump sum to the person who would have been \nthe deceased person's beneficiary under the voided election if the \ndeceased person had died after the end of such two-year period.\n (h) Applicability of Certain Provisions of Law.--The provisions of \nsections 1449, 1453, and 1454 of title 10, United States Code, are \napplicable to a person making an election, and to an election, under \nthis section in the same manner as if the election were made under the \nSurvivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the \ncase may be.\n (i) Additional Premium.--The Secretary of Defense may require that \nthe premium for a person making an election under subsection (a)(1) or \n(b) include, in addition to the amount required under section 1452(a) \nof title 10, United States Code, an amount determined under regulations \nprescribed by the Secretary of Defense for the purposes of this \nsubsection. Any such amount shall be stated as a percentage of the base \namount of the person making the election and shall reflect the number \nof years that have elapsed since the person retired, but may not exceed \n4.5 percent of that person's base amount.\n (j) Report Concerning Open Season.--Not later than July 1, 2004, \nthe Secretary of Defense shall submit to the Committees on Armed \nServices of the Senate and House of Representatives a report on the \nopen season authorized by this section for the Survivor Benefit Plan. \nThe report shall include the following:\n (1) A description of the Secretary's plans for \n implementation of the open season.\n (2) The Secretary's estimates of the costs associated with \n the open season, including any anticipated effect of the open \n season on the actuarial status of the Department of Defense \n Military Retirement Fund.\n (3) Any recommendation by the Secretary for further \n legislative action.","summary":"Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent , for months before October 2004, (2) 40 percent for months during FY 2005, (3) 45 percent for months during FY 2006, (4) 50 percent for months during FY 2007. And (5) 55 percent for months after FY 2007. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2004. And (2) retired pay reductions for supplemental survivor annuities. Provides a one-year open enrollment period for SBP participation, commencing October 1, 2004, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP. Authorizes the Secretary of Defense to require appropriate premiums for SBP participation.","title":"To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes.","text_len":14540,"sum_len":1188} {"bill_id":"114_s2681","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``San Juan County Settlement \nImplementation Act of 2016''.\n\nSEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.\n\n (a) Definitions.--In this section:\n (1) Bidding right.--The term ``bidding right'' means an \n appropriate legal instrument or other written documentation, \n including an entry in an account managed by the Secretary, \n issued or created under subpart 3435 of title 43, Code of \n Federal Regulations, that may be used--\n (A) in lieu of a monetary payment for a bonus bid \n for a coal lease sale under the Mineral Leasing Act (30 \n U.S.C. 181 et seq.); or\n (B) as a monetary credit against any rental or \n royalty payments due under any Federal coal lease.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (b) Authorization.--The Secretary may retire any coal preference \nright lease application for which the Secretary has made an affirmative \ncommercial quantities determination--\n (1) by issuing bidding rights in exchange for \n relinquishment of the coal preference right lease application; \n and\n (2) notwithstanding any other provision of law, by making a \n payment to the relevant State in an amount equal to 50 percent \n of the dollar amount of any bidding right subsequently used in \n lieu of any monetary payment of a bonus in a coal lease sale or \n of rental or royalty under a Federal coal lease.\n (c) Source of Payments.--The Secretary shall make payments under \nsubsection (b) from amounts that would otherwise be deposited in the \nTreasury as miscellaneous receipts under section 35(a) of the Mineral \nLeasing Act (30 U.S.C. 191(a)).\n (d) Treatment of Payments.--A payment to a State under this section \nshall be treated as a payment under section 35(a) of the Mineral \nLeasing Act (30 U.S.C. 191(a)).\n (e) Transferability; Limitation.--\n (1) Transferability.--A bidding right issued under this \n section shall be fully transferable to any other person.\n (2) Notification of secretary.--A person who transfers a \n bidding right shall notify the Secretary of the transfer by any \n method determined to be appropriate by the Secretary.\n (3) Effective period.--\n (A) In general.--A bidding right issued under this \n section shall terminate on the expiration of the 5-year \n period beginning on the date the bidding right is \n issued.\n (B) Tolling of period.--The 5-year period described \n in subparagraph (A) shall be tolled during any period \n in which exercise of the bidding right is precluded by \n temporary injunctive relief granted under, or \n administrative, legislative, or judicial suspension of, \n the Federal coal leasing program.\n\nSEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION.\n\n (a) Cancellation of Certain Selections.--The land selections made \nby the Navajo Nation pursuant to Public Law 93-531 (commonly known as \nthe ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et \nseq.) that are depicted on the map entitled ``Navajo-Hopi Land \nSettlement Act Selected Lands'' and dated April 2, 2015, are canceled.\n (b) Authorization for New Selection.--\n (1) In general.--Subject to paragraphs (2) and (3), the \n Navajo Nation may make new land selections in accordance with \n the Act referred to in subsection (a) to replace the land \n selections canceled under that subsection.\n (2) Exclusions.--The following land shall not be eligible \n for selection under paragraph (1):\n (A) Land within a unit of the National Landscape \n Conservation System.\n (B) Land within--\n (i) the Glade Run Recreation Area;\n (ii) the Fossil Forest Research Natural \n Area;\n (iii) the North Road Area of Critical \n Environmental Concern;\n (iv) the Pierre's Site Area of Critical \n Environmental Concern; or\n (v) the Ah-shi-sle-pah Road Area of \n Critical Environmental Concern.\n (C) Any land subject to a lease or contract under \n the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the \n Act of July 31, 1947 (commonly known as the ``Materials \n Act of 1947'') (30 U.S.C. 601 et seq.), as of the date \n of the selection.\n (3) Equal value.--\n (A) In general.--Notwithstanding the acreage \n limitation in the second proviso of section 11(c) of \n Public Law 93-531 (commonly known as the ``Navajo-Hopi \n Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)), \n the value of the land selected under paragraph (1) and \n the land subject to selections cancellation under \n subsection (a) shall be equal, based on appraisals \n conducted under subparagraph (B).\n (B) Appraisal.--The value of the land selected \n under paragraph (1) and the land subject to selections \n canceled under subsection (a) shall be determined by an \n appraisal conducted in accordance with--\n (i) the Uniform Appraisal Standards for \n Federal Land Acquisitions; and\n (ii) the Uniform Standards of Professional \n Appraisal Practice.\n (4) Withdrawal.--Any land selected by the Navajo Nation \n under paragraph (1) shall be withdrawn from disposal, leasing, \n and development until the date on which the selected land is \n placed into trust for the Navajo Nation.\n (c) Boundary.--For purposes of this section and the Act referred to \nin subsection (a), the present boundary of the Navajo Reservation is \ndepicted on the map entitled ``Navajo Nation Boundary'' and dated \nNovember 16, 2015.\n\nSEC. 4. DESIGNATION OF AH-SHI-SLE-PAH WILDERNESS.\n\n (a) In General.--In accordance with the Wilderness Act (16 U.S.C. \n1131 et seq.), the approximately 7,242 acres of land as generally \ndepicted on the map entitled ``San Juan County Wilderness \nDesignations'' and dated April 2, 2015, is designated as wilderness and \nas a component of the National Wilderness Preservation System, which \nshall be known as the ``Ah-shi-sle-pah Wilderness'' (referred to in \nthis section as the ``Wilderness'').\n (b) Management.--\n (1) In general.--Subject to valid existing rights, the \n Wilderness shall be administered by the Director of the Bureau \n of Land Management in accordance with this section and the \n Wilderness Act (16 U.S.C. 1131 et seq.), except that any \n reference in that Act to the effective date of that Act shall \n be considered to be a reference to the date of enactment of \n this Act.\n (2) Adjacent management.--\n (A) In general.--Congress does not intend for the \n designation of the Wilderness to create a protective \n perimeter or buffer zone around the Wilderness.\n (B) Nonwilderness activities.--The fact that \n nonwilderness activities or uses can be seen or heard \n from areas within the Wilderness shall not preclude the \n conduct of the activities or uses outside the boundary \n of the Wilderness.\n (3) Incorporation of acquired land and interests in land.--\n Any land or interest in land that is within the boundary of the \n Wilderness that is acquired by the United States shall--\n (A) become part of the Wilderness; and\n (B) be managed in accordance with--\n (i) the Wilderness Act (16 U.S.C. 1131 et \n seq.);\n (ii) this section; and\n (iii) any other applicable laws.\n (4) Grazing.--Grazing of livestock in the Wilderness, where \n established before the date of enactment of this Act, shall be \n allowed to continue in accordance with--\n (A) section 4(d)(4) of the Wilderness Act (16 \n U.S.C. 1133(d)(4)); and\n (B) the guidelines set forth in the report of the \n Committee on Interior and Insular Affairs of the House \n of Representatives accompanying H.R. 5487 of the 96th \n Congress (H. Rept. 96-617).\n (c) Release of Wilderness Study Areas.--Congress finds that, for \nthe purposes of section 603(c) of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi-\nsle-pah Wilderness Study Area not designated as wilderness by this \nsection has been adequately studied for wilderness designation and is \nno longer subject to section 603(c) of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1782(c)).\n\nSEC. 5. EXPANSION OF BISTI\/DE-NA-ZIN WILDERNESS.\n\n (a) In General.--There is designated as wilderness and as a \ncomponent of the National Wilderness Preservation System certain \nFederal land comprising approximately 2,250 acres, as generally \ndepicted on the map entitled ``San Juan County Wilderness \nDesignations'' and dated April 2, 2015, which is incorporated in and \nshall be considered to be a part of the Bisti\/De-Na-Zin Wilderness.\n (b) Administration.--Subject to valid existing rights, the land \ndesignated as wilderness by subsection (a) shall be administered by the \nDirector of the Bureau of Land Management (referred to in this section \nas the ``Director''), in accordance with--\n (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except \n that any reference in that Act to the effective date of that \n Act shall be considered to be a reference to the date of \n enactment of this Act; and\n (2) the San Juan Basin Wilderness Protection Act of 1984 \n (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211).\n (c) Adjacent Management.--\n (1) In general.--Congress does not intend for the \n designation of the land as wilderness by subsection (a) to \n create a protective perimeter or buffer zone around that land.\n (2) Nonwilderness activities.--The fact that nonwilderness \n activities or uses can be seen or heard from areas within the \n land designated as wilderness by subsection (a) shall not \n preclude the conduct of the activities or uses outside the \n boundary of that land.\n (d) Incorporation of Acquired Land and Interests in Land.--Any land \nor interest in land that is within the boundary of the land designated \nas wilderness by subsection (a) that is acquired by the United States \nshall--\n (1) become part of the Bisti\/De-Na-Zin Wilderness; and\n (2) be managed in accordance with--\n (A) the Wilderness Act (16 U.S.C. 1131 et seq.);\n (B) the San Juan Basin Wilderness Protection Act of \n 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. \n 4211);\n (C) this section; and\n (D) any other applicable laws.\n (e) Grazing.--Grazing of livestock in the land designated as \nwilderness by subsection (a), where established before the date of \nenactment of this Act, shall be allowed to continue in accordance \nwith--\n (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. \n 1133(d)(4)); and\n (2) the guidelines set forth in the report of the Committee \n on Interior and Insular Affairs of the House of Representatives \n accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).","summary":"San Juan County Settlement Implementation Act of 2016 This bill authorizes the Department of the Interior to retire any coal preference right lease application for which it has made an affirmative commercial quantities determination by: issuing bidding rights in exchange for relinquishment of the application, and making a payment to the relevant state of 50 of the dollar amount of any bidding right subsequently used in lieu of any monetary bonus in a coal lease sale or of rental or royalty under a federal coal lease. Interior shall make such payments from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under the Mineral Leasing Act. The bill declares such bidding rights fully transferable to any other person. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974. Subject to specified exclusions, the Navajo Nation may make new land selections to replace those canceled. The bill designates approximately 7,242 acres of land as the Ah-shi-sle-pah Wilderness and incorporates approximately 2,250 acres of specified federal land into the BistiDe-Na-Zin Wilderness.","title":"San Juan County Settlement Implementation Act of 2016","text_len":12322,"sum_len":1179} {"bill_id":"114_hr4886","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Closing the Pre-Paid Mobile Device \nSecurity Gap Act of 2016''.\n\nSEC. 2. IDENTIFICATION REQUIREMENT.\n\n Prior to the completion of any sale of a pre-paid mobile device or \nSIM card to a purchaser, an authorized reseller shall require the \npurchaser to provide the following information:\n (1) The full name of the purchaser.\n (2) The complete home address of the purchaser.\n (3) The date of birth of the purchaser.\n\nSEC. 3. IDENTIFICATION VERIFICATION.\n\n (a) In-Person Sales.--An authorized reseller making a sale to a \npurchaser in person shall verify the purchaser information provided \nunder section 2 by requiring the purchaser to display either of the \nfollowing:\n (1) A photographic identification card issued by the \n Federal Government or a State government, or a document \n considered acceptable for purposes of subparagraph (B), (C), or \n (D) of section 274A(b)(1) of the Immigration and Nationality \n Act (8 U.S.C. 1324a(b)(1)).\n (2) Any 2 of the following:\n (A) A Form W-2 Wage and Tax Statement received from \n the Internal Revenue Service, provided that such form \n has been received from the Internal Revenue Service \n within the prior 18 months.\n (B) A Form 1099 Social Security Benefit Statement \n received from the Social Security Administration, \n provided that such form has been received from the \n Social Security Administration within the prior 18 \n months.\n (C) A Form 1099 received from any other agency of \n the Federal Government other than the Social Security \n Administration, including the Internal Revenue Service, \n provided that such form has been received within the \n prior 18 months.\n (D) Any document containing personal identifying \n information that the Attorney General finds, by \n regulation, to be acceptable for purposes of this \n section.\n (b) Other Sales.--An authorized reseller making a sale to a \npurchaser not in person shall verify the purchaser information provided \nunder section 2 by requiring the purchaser to submit the following \ninformation:\n (1) Valid credit or debit card account information.\n (2) Social Security number.\n (3) Driver's license number.\n (4) Any other personal identifying information that the \n Attorney General finds, by regulation, to be necessary for \n purposes of this section.\n\nSEC. 4. RECORD MAKING REQUIREMENT.\n\n Upon completion of a sale of a pre-paid mobile device or SIM card, \nan authorized reseller shall make a record of the sale that includes \nthe following information:\n (1) The information obtained from the purchaser under \n section 2, and, if applicable, the information submitted by the \n purchaser under subsection (b) of section 3.\n (2) The date of sale.\n (3) The manufacturer of the pre-paid mobile device or SIM \n card.\n (4) The wireless carrier that will provide wireless \n communication service to the pre-paid mobile device or SIM \n card.\n (5) Any assigned telephone number or other subscriber or \n account identifier known at the time of purchase.\n (6) Any of the following, if applicable to the pre-paid \n mobile device or SIM card:\n (A) International mobile equipment identifier \n number.\n (B) Electronic serial number.\n (C) Mobile equipment identifier.\n (D) International mobile subscriber identifier.\n (E) Machine address code.\n\nSEC. 5. RECORD TRANSMISSION REQUIREMENT.\n\n (a) In General.--Not later than 30 days after the sale of a pre-\npaid mobile device or SIM card, an authorized reseller shall transmit \nthe record of the sale made in accordance with section 4 to the \nwireless carrier that will provide wireless communication service to \nthe pre-paid mobile device or SIM card.\n (b) Permissible Means of Transmission.--In complying with the \nrequirements of subsection (a), an authorized reseller may transmit the \nsale record to the wireless carrier by means of secure electronic \ntransmission.\n\nSEC. 6. RECORDKEEPING REQUIREMENT.\n\n After an authorized reseller has transmitted a sale record to a \nwireless carrier in accordance with section 5, the wireless carrier \nshall--\n (1) provide a transmission confirmation receipt to the \n authorized reseller, after the receipt of which the authorized \n reseller shall dispose promptly of any retained copy of the \n record; and\n (2) retain the transmitted sale record in accordance with \n the privacy protections of section 222 of the Communications \n Act of 1934 (47 U.S.C. 222) for a period of 18 months or until \n the wireless carrier stops or otherwise discontinues providing \n service to the pre-paid mobile device or SIM card to which the \n sale record relates.\n\nSEC. 7. PENALTIES.\n\n (a) False or Misleading Statements.--A purchaser who knowingly \nprovides false or misleading information when providing the identifying \ninformation and documents required under sections 2 and 3 shall be \nfined under title 18, United States Code, imprisoned not more than 5 \nyears or, if the offense involves international or domestic terrorism \n(as defined in section 2331 of such title), imprisoned not more than 8 \nyears, or both. If the matter relates to an offense under chapter 109A, \n109B, 110, or 117, or section 1591 of such title, then the term of \nimprisonment imposed under this section shall be not more than 8 years.\n (b) Failure To Comply.--\n (1) In general.--The Attorney General shall assess, against \n an authorized reseller or wireless carrier who commits an \n offense under this Act, a civil penalty of $50 for each such \n offense.\n (2) Separate offense.--\n (A) By authorized reseller.--The failure of an \n authorized reseller, with respect to each separate sale \n of a pre-paid mobile device or SIM card, to request \n purchaser identification under section 2, to verify \n identification under section 3, to make a record under \n section 4, and to transmit a record under section 5, \n shall constitute a separate offense.\n (B) By wireless carrier.--The failure of a wireless \n carrier, with respect to each separate sale of a pre-\n paid mobile device or SIM card for which the carrier \n receives the sale record transmitted under section 5, \n to provide a transmission confirmation receipt under \n section 6(1), and to retain the sale record under \n section 6(2), shall constitute a separate offense.\n (3) Rule of construction.--Nothing in this section may be \n construed to--\n (A) hold a wireless carrier liable for an offense \n under this Act committed by an authorized reseller; and\n (B) hold an authorized reseller liable for an \n offense under this Act committed by a wireless carrier.\n\nSEC. 8. RELATED OFFENSES.\n\n (a) Sale by Unauthorized Resellers.--\n (1) In general.--It shall be unlawful for any person who is \n not an authorized reseller to sell a pre-paid mobile device or \n SIM card.\n (2) Penalty.--Whoever knowingly violates paragraph (1) \n shall be imprisoned for not more than 2 years or fined under \n title 18, United States Code, or both.\n (3) Notice.--The Attorney General shall make rules \n requiring a manufacturer or authorized reseller to notify a \n purchaser of a mobile device or SIM card of the offense and \n penalty established by this section.\n (b) Commission of Other Crimes.--If a person knowingly uses a pre-\npaid mobile device or SIM card obtained by providing false or \nmisleading information in violation of section 2 or 3 to commit a \nFederal criminal offense, the minimum term of imprisonment for such \noffense that is required under Federal statute (if any such minimum \nterm is so required) shall be increased by 1 year.\n\nSEC. 9. PRESERVATION OF STATE LAW.\n\n Nothing in this Act is intended to preempt additional State \nrequirements with respect to the distribution and sale of mobile \ndevices or SIM cards, or to otherwise prevent or prohibit any State \nfrom enacting any such requirements.\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) Authorized reseller.--The term ``authorized reseller'' \n means any person authorized by--\n (A) a manufacturer to sell the manufacturer's \n mobile devices or SIM cards; or\n (B) a wireless carrier to sell pre-paid mobile \n devices or SIM cards to which the wireless carrier will \n provide wireless communication service.\n (2) Pre-paid mobile device.--The term ``pre-paid mobile \n device'' means any cellular phone or similar wireless \n communication device for which the mobile device user purchases \n a set allotment of wireless communication service.\n (3) SIM card.--The term ``SIM card'' means a subscriber \n identity module or functionally equivalent data storage device.\n (4) Wireless carrier.--The term ``wireless carrier'' means \n a provider of wireless communication service.\n (5) Wireless communication service.--The term ``wireless \n communication service'' means commercial mobile service (as \n defined in section 332 of the Communications Act of 1934 (47 \n U.S.C. 332)) or commercial mobile data service (as defined in \n section 6001 of the Middle Class Tax Relief and Job Creation \n Act of 2012 (47 U.S.C. 1401)).","summary":"Closing the Pre-Paid Mobile Device Security Gap Act of 2016 This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth. For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity. And (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary. Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity, (2) the date of sale. (3) the manufacturer and the wireless carrier of the device or SIM card. (4) any assigned telephone number or other identifier of the subscriber or account. And (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card. Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act. The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller.","title":"Closing the Pre-Paid Mobile Device Security Gap Act of 2016","text_len":10333,"sum_len":2094} {"bill_id":"108_hr3559","text":"SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO \n ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR \n OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN \n SCHOLARLY WORKS.\n\n (a) Authority.--(1) Chapter 53 of title 10, United States Code, is \namended by inserting after section 1033 the following new section:\n``Sec. 1033a. Faculty of service academies and Department of Defense \n professional schools: limited authority to secure \n copyrights for certain works\n ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is a member of the Army, Navy, Air Force, \nor Marine Corps, or a civilian employee of the Department of Defense, \nand is a faculty member of an institution described in subsection (e) \nmay, notwithstanding section 105 or 201(b) of title 17, secure \ncopyright protection under title 17 for a qualifying work, but only for \nthe purposes of submitting such work for publication in a scholarly \njournal, publication, or other edited work for which such a copyright \nis a requirement for consideration for publication or otherwise as may \nbe prescribed under regulations under this section.\n ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n ``(1) is prepared as part of a person's official duties; \n and\n ``(2) meets such criteria as the Secretary of Defense may \n prescribe by regulation as a scholarly work for which copyright \n protection as provided in subsection (a) is warranted.\n ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n ``(1) The United States Military Academy, United States \n Naval Academy, and United States Air Force Academy.\n ``(2) The National Defense University.\n ``(3) Any war college of the armed forces.\n ``(4) Any graduate-level college or university of the \n Department of Defense.\n ``(5) The Coast Guard Academy.\n ``(6) The United States Merchant Marine Academy.\n ``(f) Regulations.--The Secretary of Defense shall prescribe \nregulations for the purposes of this section. Such regulations shall \ninclude provisions specifying the types of works for which copyright \nprotection may be secured by a person described in subsection (a).''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 1033 the \nfollowing new item:\n\n``1033a. Faculty of service academies and Department of Defense \n professional schools: limited authority to \n secure copyrights for certain works.''.\n (b) Effective Date.--Section 1033a of title 10, United States Code, \nas added by subsection (a), shall apply only with respect to works \nthat, as determined under regulations prescribed under that section, \nare produced after the date of the enactment of this Act.\n (c) Deadline for Regulations.--The Secretary of Defense shall \nprescribe regulations under subsection (f) of section 1033a of title \n10, United States Code, as added by subsection (a), not later than 180 \ndays after the date of the enactment of this Act.\n\nSEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO \n SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS.\n\n (a) Authority.--(1) Chapter 9 of title 14, United States Code, is \namended by inserting after section 196 the following new section:\n``Sec. 197. Limited authority for faculty members to secure copyrights \n for certain works\n ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is a member of the Coast Guard, or a \ncivilian employee of the Coast Guard, and is a faculty member of an \ninstitution described in subsection (e) may, notwithstanding section \n105 or 201(b) of title 17, secure copyright protection under title 17 \nfor a qualifying work, but only for the purposes of submitting such \nwork for publication in a scholarly journal, publication, or other \nedited work for which such a copyright is a requirement for \nconsideration for publication or otherwise as may be prescribed under \nregulations under this section.\n ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n ``(1) is prepared as part of a person's official duties; \n and\n ``(2) meets such criteria as the Secretary may prescribe by \n regulation as a scholarly work for which copyright protection \n as provided in subsection (a) is warranted.\n ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n ``(1) The Coast Guard Academy.\n ``(2) The United States Merchant Marine Academy.\n ``(3) The United States Military Academy, United States \n Naval Academy, and United States Air Force Academy.\n ``(4) The National Defense University.\n ``(5) Any war college of the armed forces.\n ``(6) Any graduate-level college or university of the \n Department of Defense.\n ``(f) Regulations.--The Secretary shall prescribe regulations for \nthe purposes of this section. Such regulations shall include provisions \nspecifying the types of works for which copyright protection may be \nsecured by a person described in subsection (a).''.\n (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 196 the \nfollowing new item:\n\n``197. Limited authority for faculty members to secure copyrights for \n certain works.''.\n (b) Effective Date.--Section 197 of title 14, United States Code, \nas added by subsection (a), shall apply only with respect to works \nthat, as determined under regulations prescribed under that section, \nare produced after the date of the enactment of this Act.\n (c) Deadline for Regulations.--The Secretary of the department in \nwhich the Coast Guard is operating shall prescribe regulations under \nsubsection (f) of section 197 of title 14, United States Code, as added \nby subsection (a), not later than 180 days after the date of the \nenactment of this Act.\n\nSEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT \n MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS.\n\n (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46 \nApp. U.S.C. 1295 et seq.) is amended by adding at the end the following \nnew section:\n\n``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS \n FOR CERTAIN WORKS.\n\n ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is an employee of the Department of \nTransportation and is a faculty member of an institution described in \nsubsection (e) may, notwithstanding section 105 or 201(b) of title 17, \nsecure copyright protection under title 17 for a qualifying work, but \nonly for the purposes of submitting such work for publication in a \nscholarly journal, publication, or other edited work for which such a \ncopyright is a requirement for consideration for publication or \notherwise as may be prescribed under regulations under this section.\n ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n ``(1) is prepared as part of a person's official duties; \n and\n ``(2) meets such criteria as the Secretary of \n Transportation may prescribe by regulation as a scholarly work \n for which copyright protection as provided in subsection (a) is \n warranted.\n ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n ``(1) The United States Merchant Marine Academy.\n ``(2) The Coast Guard Academy.\n ``(3) The United States Military Academy, United States \n Naval Academy, and United States Air Force Academy.\n ``(4) The National Defense University.\n ``(5) Any war college of the armed forces.\n ``(6) Any graduate-level college or university of the \n Department of Defense.\n ``(f) Regulations.--The Secretary of Transportation shall prescribe \nregulations for the purposes of this section. Such regulations shall \ninclude provisions specifying the types of works for which copyright \nprotection may be secured by a person described in subsection (a).''.\n (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as \nadded by subsection (a), shall apply only with respect to works that, \nas determined under regulations prescribed under that section, are \nproduced after the date of the enactment of this Act.\n (c) Deadline for Regulations.--The Secretary of Transportation \nshall prescribe regulations under section 1308 of Merchant Marine Act, \n1936, as added by subsection (a), not later than 180 days after the \ndate of the enactment of this Act.","summary":"Authorizes a faculty member of a military service academy or Department of Defense professional school to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection.","title":"To amend title 10, United States Code, to allow faculty members at Department of Defense service academies and schools of professional military education to secure copyrights for certain scholarly works that they produce as part of their official duties in order to submit such works for publication, and for other purposes.","text_len":10559,"sum_len":606} {"bill_id":"108_hr3613","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Aid Streamlined Disclosure \nAct of 2003''.\n\nSEC. 2. DISCLOSURE OF TAX RETURN INFORMATION FOR STUDENT AID PURPOSES.\n\n (a) In General.--Subsection (l) of section 6103 of the Internal \nRevenue Code of 1986 (relating to disclosure of returns and return \ninformation for purposes other than tax administration) is amended to \nread as follows:\n ``(13) Disclosure of return information for student \n financial assistance purposes.--\n ``(A) Full disclosure to department of education.--\n The Secretary may, with respect to a person described \n in subparagraph (F)(i) and upon written request from \n the Secretary of Education, disclose to the officers \n and employees of the Department of Education for the \n purposes described in subparagraph (E)--\n ``(i) taxpayer identity information, and\n ``(ii) the following items in the case of a \n material discrepancy between the information \n reported, directly or indirectly, to officers, \n employees, and contractors of the Department of \n Education and the following items:\n ``(I) The filing status of that \n taxpayer.\n ``(II) The adjusted gross income of \n that taxpayer.\n ``(III) The total earnings from \n employment (including net earnings from \n self-employment) of that taxpayer.\n ``(IV) The Federal income tax \n liability of that taxpayer.\n ``(V) The type of tax return filed \n by that taxpayer.\n ``(B) Redisclosure to contractors.--Officers and \n employees of the Department of Education may disclose \n to contractors whether a material discrepancy between \n items reported, directly or indirectly, to an officer, \n employee, or contractor of the Department of Education \n and any of the items described in subparagraph (A)(ii) \n would result in an over or under award of grants or \n loans under title IV of the Higher Education Act of \n 1965.\n ``(C) Fact of discrepancy redisclosure of \n information.--\n ``(i) In general.--Subject to subparagraphs \n (D) and (E), officers, employees, and \n contractors of the Department of Education may, \n with respect to an application for assistance \n under title IV of the Higher Education Act of \n 1965, disclose to persons described in clauses \n (ii) and (iii)--\n ``(I) the fact of a material \n discrepancy between items reported, \n directly or indirectly, to such \n officers, employees, or contractors and \n any of the items described in \n subparagraph (A)(ii), and\n ``(II) whether such items as shown \n on the return are greater than or less \n than such items as reported to the \n Department of Education.\n ``(ii) Applicant.--The person described in \n this clause is the applicant described in \n subclause (I) or (II) of subparagraph (F)(i).\n ``(iii) Other persons.--The persons \n described in this clause are--\n ``(I) individuals whose information \n is discrepant,\n ``(II) officers and employees of \n institutions of higher education (as \n defined in section 102 of the Higher \n Education Act of 1965) that administer, \n or assist the Secretary of Education in \n administering, a grant, loan, benefit, \n or work assistance program under title \n IV of such Act,\n ``(III) officers and employees of \n State agencies that administer a grant \n or work assistance program under \n subpart 4 of part A of title IV of such \n Act, and\n ``(IV) auditors engaged to perform \n audits or reviews required under \n section 487(c) of such Act,\n ``(D) Limitation on full redisclosures relating to \n material discrepancies.--Information specific to an \n individual which is disclosed by the Secretary under \n subparagraph (A) may only be redisclosed to the \n individual whose information is discrepant and to the \n Department of Justice for purposes relating to the \n collection of overpayments of grants or loans provided \n under title IV of the Higher Education Act of 1965, \n including by means of litigation.\n ``(E) Restriction on use of disclosed \n information.--\n ``(i) In general.--Information may be \n disclosed under subparagraphs (A) through (C) \n only for the purpose of, and to the extent \n necessary to--\n ``(I) verify the information \n reported by a person described in \n subparagraph (F)(i) in connection with \n any application for grant, loan, \n benefit or work assistance under title \n IV of the Higher Education Act of 1965,\n ``(II) determine income contingent \n repayment amounts and schedules on an \n applicable student loan,\n ``(III) collect overpayments of \n grants or loans provided under title IV \n of such Act, including by means of \n litigation in the case of the \n Department of Justice, or\n ``(IV) audit title IV student \n assistance programs, as required under \n section 487(c) of such Act.\n ``(ii) Information limited to tax years \n required.--Information disclosed under this \n paragraph shall be limited to the tax years \n required, in accordance with such Act and \n implementing regulations, to carry out the \n purposes described in this paragraph.\n ``(F) Definitions and special rules.--For purposes \n of this paragraph--\n ``(i) Person described.--A person is \n described in this clause if the person--\n ``(I) has applied for grant, loan, \n benefit, or work assistance under title \n IV of the Higher Education Act of 1965,\n ``(II) is seeking income contingent \n repayment on an applicable student \n loan,\n ``(III) in the case of an \n individual who is a dependent student \n and who has applied for the assistance \n described in subclauses (I) and (II), \n is the parent (as defined for purposes \n of title IV of such Act) of such \n individual, or\n ``(IV) in the case of an individual \n who is an independent student and who \n has applied for the assistance \n described in subclauses (I) and (II), \n is the spouse of such individual.\n ``(ii) Material discrepancy.--The term \n `material discrepancy' means, with respect to \n similar items in 2 sets of information--\n ``(I) a difference between such \n sets of not less than the greater of \n $100 or one percent of the item shown \n on the return in the case of items \n described in subclause (II), (III), or \n (IV) of subparagraph (A)(ii), and\n ``(II) any difference between such \n sets of information in the case of \n items described in subclause (I) or (V) \n of subparagraph (A)(ii).\n ``(iii) Applicable student loan.--The term \n `applicable student loan' means--\n ``(I) any loan made under the \n program authorized under part D of \n title IV of such Act, and\n ``(II) any loan made under part B \n or E of title IV of such Act that is in \n default and has been assigned to the \n Department of Education.\n ``(iv) Exclusive authority.--For purposes \n of subsection (a), subsection (c) shall not be \n construed to be an authorization for any \n disclosure covered by this paragraph.\n ``(v) Funding.--Information may be \n disclosed under this paragraph only if there is \n in effect an agreement between the Secretary \n and the Secretary of Education under which the \n Secretary of Education makes periodic payments \n to the Secretary--\n ``(I) to reimburse the Secretary \n for costs incurred in carrying out this \n paragraph, and\n ``(II) to cover the cost to the \n Secretary of monitoring compliance with \n this section by the Secretary of \n Education in carrying out this \n paragraph.\n ``(vi) References to higher education act \n of 1965.--For purposes of this paragraph, \n references to the Higher Education Act of 1965 \n shall be treated as references to the Higher \n Education Act of 1965 as in effect on the date \n of the enactment of this paragraph.\n ``(G) Termination.--This paragraph shall not apply \n to requests for disclosures made after September 30, \n 2008.''.\n (b) Conforming and Other Amendments.--\n (1) Section 6103(a)(3) of such Code is amended by striking \n ``paragraph (6), (12), or (16) of subsection (l),'' and \n inserting ``paragraph (6), (12), (13), or (16) of subsection \n (l),''.\n (2) Section 6103(p) of such Code is amended--\n (A) in paragraph (3)(A) by striking ``(13)''; and\n (B) in paragraph (4) by striking ``paragraph \n (6)(A), (12)(B), or (16) of subsection (l)'' in the \n flush language at the end and inserting ``paragraph \n (6)(A), (12)(B), (13), or (16) of subsection (l)''.\n (3) Section 7213(a)(2) of such Code is amended by inserting \n ``(13),'' after ``(12),''.\n (c) Effective Date.--The amendments made by this section shall \napply to requests for disclosures made after the date of the enactment \nof this Act.","summary":"Student Aid Streamlined Disclosure Act of 2003 - Amends the Internal Revenue Code to authorize, through September 30, 2008, the disclosure of certain tax return information to the Department of Education with respect to students seeking federal student aid.","title":"To amend the Internal Revenue Code of 1986 to provide for the disclosure of return information for student financial assistance purposes.","text_len":13448,"sum_len":257} {"bill_id":"112_s3692","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Save Our Students Act''.\n\nSEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP \n SCHOOLS SAFE FROM VIOLENCE.\n\n (a) In General.--Chapter 1 of title 32, United States Code, is \namended by inserting after section 112 the following new section:\n``Sec. 112a. Support for State and local efforts to keep schools safe \n from violence\n ``(a) Funding Assistance.--The Secretary of Defense may provide \nfunds to the Governor of a State who submits to the Secretary a plan \nfor the National Guard to supplement State and local efforts to keep \nschools safe from violence that satisfies the requirements of \nsubsection (c). Such funds shall be used for the following:\n ``(1) The pay, allowances, clothing, subsistence, \n gratuities, travel, and related expenses, as authorized by \n State law, of personnel of the National Guard of that State \n used, while not in Federal service, for the purpose of \n supplementing State and local efforts to keep schools safe from \n violence.\n ``(2) The operation and maintenance of the equipment and \n facilities of the National Guard of that State used for the \n purpose of supplementing State and local efforts to keep \n schools safe from violence.\n ``(3) The procurement of services and equipment, and the \n leasing of equipment, for the National Guard of that State used \n for the purpose of supplementing State and local efforts to \n keep schools safe from violence. However, the use of such funds \n for the procurement of equipment may not exceed $5,000 per \n item, unless approval for procurement of equipment in excess of \n that amount is granted in advance by the Secretary of Defense.\n ``(b) Use of Personnel Performing Full-Time National Guard Duty.--\n(1) Under regulations prescribed by the Secretary of Defense, personnel \nof the National Guard of a State may, in accordance with the plan \nreferred to in subsection (c) with respect to the State concerned, be \nordered to perform full-time National Guard duty under section 502(f) \nof this title for the purpose of supplementing State and local efforts \nto keep schools safe from violence.\n ``(2)(A) A member of the National Guard serving on full-time \nNational Guard duty under orders authorized under paragraph (1) shall \nparticipate in the training required under section 502(a) of this title \nin addition to the duty performed for the purpose authorized under that \nparagraph. The pay, allowances, and other benefits of the member while \nparticipating in the training shall be the same as those to which the \nmember is entitled while performing duty for the purpose of \nsupplementing State and local efforts to keep schools safe from \nviolence. The member is not entitled to additional pay, allowances, or \nother benefits for participation in training required under section \n502(a)(1) of this title.\n ``(B) To ensure that the use of units and personnel of the National \nGuard of a State pursuant to a plan referred to in subsection (c) does \nnot degrade the training and readiness of such units and personnel, the \nfollowing requirements shall apply in determining the activities \nsupplementing State and local efforts to keep schools safe from \nviolence that units and personnel of the National Guard of a State may \nperform:\n ``(i) The performance of the activities may not adversely \n affect the quality of that training or otherwise interfere with \n the ability of a member or unit of the National Guard to \n perform the military functions of the member or unit.\n ``(ii) National Guard personnel will not degrade their \n military skills as a result of performing the activities.\n ``(iii) The performance of the activities will not result \n in a significant increase in the cost of training.\n ``(iv) In the case of activities supplementing State and \n local efforts to keep schools safe from violence that are \n performed by a unit organized to serve as a unit, the \n activities will support valid unit training requirements.\n ``(3) A unit or member of the National Guard of a State may be \nused, pursuant to a plan referred to in subsection (c) that is approved \nby the Secretary of Defense under this section, to provide services or \nother assistance (other than air transportation) to an organization \neligible to receive services under section 508 of this title if--\n ``(A) the plan specifically recognizes the organization as \n being eligible to receive the services or assistance;\n ``(B) in the case of services, the performance of the \n services meets the requirements of paragraphs (1) and (2) of \n subsection (a) of section 508 of this title; and\n ``(C) the services or assistance is authorized under \n subsection (b) or (c) of such section or in the plan.\n ``(c) Plan Requirements.--A plan to supplement State and local \nefforts to keep schools safe from violence under this subsection \nshall--\n ``(1) specify how personnel of the National Guard of that \n State are to be used in supplementing State and local efforts \n to keep schools safe from violence;\n ``(2) certify that those operations are to be conducted at \n a time when the personnel involved are not in Federal service;\n ``(3) certify that participation by National Guard \n personnel in those operations is service in addition to \n training required under section 502 of this title;\n ``(4) certify that any engineer-type activities (as defined \n by the Secretary of Defense) under the plan will be performed \n only by units and members of the National Guard;\n ``(5) include a certification by the Attorney General of \n the State (or, in the case of a State with no position of \n Attorney General, a civilian official of the State equivalent \n to a State attorney general) that the use of the National Guard \n of the State for the activities proposed under the plan is \n authorized by, and is consistent with, State law; and\n ``(6) certify that the Governor of the State or a civilian \n law enforcement official of the State designated by the \n Governor has determined that any activities included in the \n plan that are carried out in conjunction with Federal law \n enforcement agencies serve a State law enforcement purpose.\n ``(d) Examination of Plan.--(1) Before funds are provided to the \nGovernor of a State under this section and before members of the \nNational Guard of that State are ordered to full-time National Guard \nduty as authorized in subsection (b), the Secretary of Defense shall \nexamine the adequacy of the plan submitted by the Governor under \nsubsection (c).\n ``(2) Except as provided in paragraph (3), the Secretary of Defense \nshall carry out paragraph (1) in consultation with the Secretary of \nEducation.\n ``(3) Paragraph (2) shall not apply if--\n ``(A) the Governor of a State submits a plan under \n subsection (c) that is substantially the same as a plan \n submitted for that State for a previous fiscal year; and\n ``(B) pursuant to the plan submitted for a previous fiscal \n year, funds were provided to the State in accordance with \n subsection (a) or personnel of the National Guard of the State \n were ordered to perform full-time National Guard duty in \n accordance with subsection (b).\n ``(e) End Strength Limitation.--(1) Except as provided in paragraph \n(2), at the end of a fiscal year there may not be more than 4,000 \nmembers of the National Guard--\n ``(A) on full-time National Guard duty under section 502(f) \n of this title to perform activities supplementing State and \n local efforts to keep schools safe from violence pursuant to an \n order to duty; or\n ``(B) on duty under State authority to activities \n supplementing State and local efforts to keep schools safe from \n violence pursuant to an order to duty with State pay and \n allowances being reimbursed with funds provided under \n subsection (a)(1).\n ``(2) The Secretary of Defense may increase the end strength \nauthorized under paragraph (1) by not more than 20 percent for any \nfiscal year if the Secretary determines that such an increase is \nnecessary in the national security interests of the United States.\n ``(f) Annual Report.--The Secretary of Defense shall submit to \nCongress on an annual basis a report regarding the assistance provided \nand activities carried out under this section during the preceding \nfiscal year. Each report shall include the following:\n ``(1) The number of members of the National Guard excluded \n under subsection (e)(1) from the computation of end strengths.\n ``(2) A description of the activities to supplement State \n and local efforts to keep schools safe from violence that were \n conducted under plans referred to in subsection (c) with funds \n provided under this section.\n ``(3) An accounting of the amount of funds provided to each \n State.\n ``(4) A description of the effect on military training and \n readiness of using units and personnel of the National Guard to \n perform activities under the plans to supplement State and \n local efforts to keep schools safe from violence.\n ``(g) Statutory Construction.--Nothing in this section shall be \nconstrued as a limitation on the authority of any unit of the National \nGuard of a State, when such unit is not in Federal service, to perform \nlaw enforcement functions authorized to be performed by the National \nGuard by the laws of the State concerned.\n ``(h) Definitions.--In this section:\n ``(1) The term `Governor of a State' means, in the case of \n the District of Columbia, the Commanding General of the \n National Guard of the District of Columbia.\n ``(2) The term `State' means each of the several States, \n the District of Columbia, the Commonwealth of Puerto Rico, or a \n territory or possession of the United States.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 1 of such title is amended by inserting after the item relating \nto section 112 the following new item:\n\n``112a. Support for State and local efforts to keep schools safe from \n violence.''.","summary":"Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence.","title":"A bill to amend title 32, United States Code, to authorize National Guard support for State and local efforts to keep schools safe from violence, and for other purposes.","text_len":10789,"sum_len":216} {"bill_id":"103_hr352","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campaign Information Improvement \nAct''.\n\nSEC. 2. NONPREEMPTIBLE ADVERTISING; LOWEST UNIT CHARGES.\n\n Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is \namended--\n (1) in subsection (b)(1)--\n (A) by striking ``forty-five'' and inserting in \n lieu thereof ``30'';\n (B) by striking ``sixty'' and inserting in lieu \n thereof ``45''; and\n (C) by striking ``lowest unit charge of the station \n for the same class and amount of time for the same \n period'' and insert ``lowest charge of the station for \n the same amount of time for the same time of day and \n day of week'';\n (2) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively;\n (3) by inserting immediately after subsection (b) the \n following new subsection:\n ``(c)(1) Except as provided in paragraph (2), a licensee shall not \npreempt the use, during any period specified in subsection (b)(1), of a \nbroadcasting station by a legally qualified candidate for public office \nwho has purchased and paid for such use pursuant to the provisions of \nsubsection (b)(1).\n ``(2) If a program to be broadcast by a broadcasting station is \npreempted because of circumstances beyond the control of the \nbroadcasting station, any candidate advertising spot scheduled to be \nbroadcast during that program may also be preempted.''; and\n (4) in subsection (d) (as redesignated by paragraph (2) of \n this section)--\n (A) by striking ``and'' at the end of paragraph \n (1);\n (B) by striking the period at the end of paragraph \n (2) and inserting ``; and''; and\n (C) by adding at the end thereof the following new \n paragraph:\n ``(3) a station's lowest charge for purposes of paragraph \n (1)--\n ``(A) with respect to a primary or primary runoff \n election, is determined for the interval beginning 60 \n days before such election and ending on the date of \n that election; and\n ``(B) with respect to a general or special \n election, is determined for the interval beginning 90 \n days before such election and ending on the date of \n that election.''.\n\nSEC. 3. FREE BROADCAST TIME FOR POLICY DEBATES.\n\n (a) Condition of License Renewal.--Section 309(h) of the \nCommunications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting \nbefore the period at the end thereof the following: ``; and (4) every \nbroadcast station license issued under this Act shall be subject to the \nfree broadcast time obligations imposed by section 315(c)''.\n (b) Free-Time Obligations.--Section 315 of the Communications Act \nof 1934 (47 U.S.C. 315) is amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following new \n subsection:\n ``(c)(1) Each license for a broadcasting station shall annually \nmake available free broadcast time for policy debates in accordance \nwith the requirements of this subsection. The Commission shall not \nrenew the license of any licensee who substantially fails or refuses to \ncomply with the requirements of this subsection, but such licensee \nshall not be subject to any other sanction or remedy for such failure \nor refusal.\n ``(2) A licensee subject to this subsection shall allot free \nbroadcast time for policy debates in accordance with the following \nstandards:\n ``(A) Such licensee shall allot not less than 30 minutes of \n free broadcast time during each even-numbered year to--\n ``(i) the candidates for the House of \n Representatives of each qualified political party for \n any congressional district that falls within the grade \n B contour of such stations signal; and\n ``(ii) the candidates for the Senate of each \n qualified political party of the State within which the \n preponderance of the station's audience resides.\n ``(B) The broadcast time allotted by any licensee shall be \n allotted so that--\n ``(i) the broadcast is during the hours of 7 to 10 \n p.m. on weekdays; and\n ``(ii) the broadcast is during the four weeks \n immediately preceding election day.\n ``(3) A political party shall be treated as a qualified political \nparty for purposes of paragraph (2) if the candidate for President of \nsuch party in the most recent presidential election received more than \n5 percent of the total number of votes cast by individuals for that \noffice.\n ``(4) A licensee allots free broadcast time as required by this \nsubsection by broadcasting the joint appearance by each of the \ncandidates described in paragraph (2)(A) (i) or (ii) at a forum for the \ndiscussion of political issues, or, if any such candidate refuses to so \nappear, the appearance by the remainder of such candidates not refusing \nto appear.\n ``(5) Nothing in this subsection, and no use of free broadcast time \nallotted under this subsection, shall be construed to restrict or \notherwise affect the purchase of advertising time under subsection (b) \nof this section.''.\n (c) Free Cable Time.--Section 611 of the Communications Act of 1934 \n(47 U.S.C. 531) is amended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) A cable operator shall annually make available free cable \ntime for policy debates in accordance with the requirements of \nregulations prescribed by the Commission. Such regulations shall, to \nthe extent practicable, require each such cable operator to provide \nsuch free cable time in the same amounts and manner, to the same \ncandidates, and subject to the same conditions as free broadcast time \nis required to be provided by broadcast station licensees under section \n315(c) of this Act. No franchise authority shall renew the franchise of \nany cable operator who substantially fails or refuses to comply with \nsuch regulations, but such operator shall not be subject to any other \nsanction or remedy for such failure or refusal.''.","summary":"Campaign Information Improvement Act - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest charge of the station for the same amount of time for the same time of day and day of the week. (2) prohibit any broadcast licensee from preempting the use of any such time purchased and paid for by a qualified candidate, unless the program during which the advertisement was scheduled to appear is preempted due to circumstances beyond the control of the broadcaster. (3) reduce the pre-election period during which the lowest charge is effective from 45 days to 30 days before primary elections and from 60 days to 45 days before general or special elections. And (4) specify that for purposes of calculating a station's lowest charge, broadcasters must consider the charges made during the 60-day period prior to a primary or primary runoff election and during the 90-day period before a general or special election. Requires radio broadcasting stations, in order to have their licenses renewed, to make available without charge not less than 30 minutes of broadcast time during appropriate viewing hours to candidates for the House and Senate within the four weeks preceding election day for policy debates. Imposes the same free-time obligations on cable television operators of channels for public, educational, or governmental use.","title":"Campaign Information Improvement Act","text_len":6649,"sum_len":1436} {"bill_id":"109_hr2109","text":"SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.\n\n (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 \nU.S.C. 6941 et seq.) is amended by adding at the end the following new \nsection:\n\n ``canadian transboundary movement of municipal solid waste\n\n ``Sec. 4011. (a) Prohibition.--No person shall import, transport, \nor export municipal solid waste for final disposal or for incineration \nin violation of the Agreement Between the Government of the United \nStates of America and the Government of Canada Concerning the \nTransboundary Movement of Hazardous Waste, or any regulations issued to \nimplement and enforce such agreement.\n ``(b) Administrator's Authority.--The Administrator shall perform \nthe functions of the Designated Authority of the United States with \nrespect to the importation and exportation of municipal solid waste \nunder the agreement described in subsection (a). Beginning immediately \nupon the enactment of this section, the Administrator shall implement \nand enforce the notice and consent provisions of such agreement, as \nwell as the other provisions thereof. In considering whether to consent \nto the importation of municipal solid waste under article 3(c) of such \nagreement, the Administrator shall--\n ``(1) give substantial weight to the views of the State or \n States into which the municipal solid waste is to be imported, \n and consider the views of the local government with \n jurisdiction over the location where the waste is to be \n disposed; and\n ``(2) consider the impact of the importation on--\n ``(A) continued public support for and adherence to \n State and local recycling programs;\n ``(B) landfill capacity as provided in \n comprehensive waste management plans;\n ``(C) air emissions from increased vehicular \n traffic;\n ``(D) road deterioration from increased vehicular \n traffic; and\n ``(E) public health and the environment.\n ``(c) Compliance Orders.--(1) Whenever on the basis of any \ninformation the Administrator determines that any person has violated \nor is in violation of this section, the Administrator may issue an \norder assessing a civil penalty for any past or current violation, \nrequiring compliance immediately or within a specified time period, or \nboth, or the Administrator may commence a civil action in the United \nStates district court in the district in which the violation occurred \nfor appropriate relief, including a temporary or permanent injunction.\n ``(2) Any order issued pursuant to this subsection shall state with \nreasonable specificity the nature of the violation. Any penalty \nassessed in the order shall not exceed $25,000 per day of noncompliance \nfor each violation. In assessing such a penalty, the Administrator \nshall take into account the seriousness of the violation and any good \nfaith efforts to comply with applicable requirements.\n ``(d) Public Hearing.--Any order issued under this section shall \nbecome final unless, not later than 30 days after the order is served, \nthe person or persons named therein request a public hearing. Upon such \nrequest the Administrator shall promptly conduct a public hearing. In \nconnection with any proceeding under this section the Administrator may \nissue subpoenas for the attendance and testimony of witnesses and the \nproduction of relevant papers, books, and documents, and may promulgate \nrules for discovery procedures.\n ``(e) Violation of Compliance Orders.--If a violator fails to take \ncorrective action within the time specified in a compliance order, the \nAdministrator may assess a civil penalty of not more than $25,000 for \neach day of continued noncompliance with the order.''.\n (b) Table of Contents Amendment.--The table of contents of such \nsubtitle D is amended by adding at the end the following new item:\n\n``Sec. 4011. Canadian transboundary movement of municipal solid \n waste.''.\n\nSEC. 2. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF \n MUNICIPAL SOLID WASTE.\n\n (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 \nU.S.C. 6941 et seq.) is further amended by adding at the end the \nfollowing new section:\n\n``SEC. 4012. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL \n SOLID WASTE.\n\n ``(a) Authority.--A State may enact a law or laws imposing \nlimitations (including a prohibition) on the receipt and disposal of \nforeign municipal solid waste.\n ``(b) Effect on Interstate and Foreign Commerce.--No State action \ntaken as authorized by this section shall be considered to impose an \nundue burden on interstate and foreign commerce or to otherwise impair, \nrestrain, or discriminate against interstate and foreign commerce.\n ``(c) Definitions.--For purposes of this section:\n ``(1) Foreign municipal solid waste.--The term `foreign \n municipal solid waste' means municipal solid waste generated \n outside of the United States.\n ``(2) Municipal solid waste.--\n ``(A) Waste included.--Except as provided in \n subparagraph (B), the term `municipal solid waste' \n means--\n ``(i) all waste materials discarded for \n disposal by households, including single and \n multifamily residences, and hotels and motels; \n and\n ``(ii) all waste materials discarded for \n disposal that were generated by commercial, \n institutional, municipal, and industrial \n sources, to the extent such materials--\n ``(I) are essentially the same as \n materials described in clause (i); and\n ``(II) were collected and disposed \n of with other municipal solid waste \n described in clause (i) or subclause \n (I) of this clause as part of normal \n municipal solid waste collection \n services, except that this subclause \n does not apply to hazardous materials \n other than hazardous materials that, \n pursuant to regulations issued under \n section 3001(d), are not subject to \n regulation under subtitle C.\n Examples of municipal solid waste include food and yard \n waste, paper, clothing, appliances, consumer product \n packaging, disposable diapers, office supplies, \n cosmetics, glass and metal food containers, and \n household hazardous waste. Such term shall include \n debris resulting from construction, remodeling, repair, \n or demolition of structures.\n ``(B) Waste not included.--The term `municipal \n solid waste' does not include any of the following:\n ``(i) Any solid waste identified or listed \n as a hazardous waste under section 3001, except \n for household hazardous waste.\n ``(ii) Any solid waste, including \n contaminated soil and debris, resulting from--\n ``(I) a response action taken under \n section 104 or 106 of the Comprehensive \n Environmental Response, Compensation, \n and Liability Act (42 U.S.C. 9604 or \n 9606);\n ``(II) a response action taken \n under a State law with authorities \n comparable to the authorities of such \n section 104 or 106; or\n ``(III) a corrective action taken \n under this Act.\n ``(iii) Recyclable materials that have been \n separated, at the source of the waste, from \n waste otherwise destined for disposal or that \n have been managed separately from waste \n destined for disposal.\n ``(iv) Scrap rubber to be used as a fuel \n source.\n ``(v) Materials and products returned from \n a dispenser or distributor to the manufacturer \n or an agent of the manufacturer for credit, \n evaluation, and possible reuse.\n ``(vi) Any solid waste that is--\n ``(I) generated by an industrial \n facility; and\n ``(II) transported for the purpose \n of treatment, storage, or disposal to a \n facility or unit thereof that is owned \n or operated by the generator of the \n waste, located on property owned by the \n generator or a company with which the \n generator is affiliated, or the \n capacity of which is contractually \n dedicated exclusively to a specific \n generator, so long as the disposal area \n complies with local and State land use \n and zoning regulations applicable to \n the disposal site.\n ``(vii) Any medical waste that is \n segregated from or not mixed with solid waste.\n ``(viii) Sewage sludge and residuals from \n any sewage treatment plant.\n ``(ix) Combustion ash generated by resource \n recovery facilities or municipal incinerators, \n or waste from manufacturing or processing \n (including pollution control) operations not \n essentially the same as waste normally \n generated by households.''.\n (b) Table of Contents Amendment.--The table of contents of the \nSolid Waste Disposal Act (42 U.S.C. prec. 6901) is further amended by \nadding at the end the following new item:\n\n``Sec. 4012. International transportation and disposal of municipal \n solid waste.''.","summary":"Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste or any regulation implementing such agreement. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) perform the functions of the Designated Authority of the United States with respect to such importation and exportation under the agreement. And (2) implement and enforce the notice and consent provisions of the agreement as well as its other provisions. Sets forth factors to consider in determining whether to consent to the importation of municipal solid waste. Requires that the views of States be given substantial weight. Authorizes the Administrator to issue orders assessing civil penalties, requiring compliance, or both, or to commence civil actions in US district court to address violations of this Act. Limits civil penalties assessed pursuant to an administrative order to $25,000 per day of noncompliance. Authorizes persons subject to administrative orders to request a public hearing. Authorizes States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. States that no such action shall be considered to impose an undue burden on interstate or foreign commerce.","title":"To direct the Administrator of the Environmental Protection Agency to carry out certain authorities under an agreement with Canada respecting the importation of municipal solid waste, to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes.","text_len":11130,"sum_len":1485} {"bill_id":"108_s1070","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``World Trade Center Zone Tax \nIncentive Act''.\n\nSEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE \n CENTER AREA.\n\n (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue \nCode of 1986 (relating to New York Liberty Zone benefits) is amended by \nadding at the end the following new section:\n\n``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN \n CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW \n YORK LIBERTY ZONE.\n\n ``(a) General Rule.--If there is a qualified headquarters \nrelocation of an eligible foreign corporation, any qualified \nheadquarters activities of the corporation conducted in the New York \nLiberty Zone shall be treated as conducted outside the United States \nfor purposes of determining--\n ``(1) the amount of any tax imposed by this chapter, or the \n amount of withholding tax under chapter 3, on the corporation, \n or\n ``(2) whether the corporation has a permanent establishment \n within the United States for purposes of any applicable income \n tax treaty between the United States and any foreign country.\n ``(b) Qualified Headquarters Relocation.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified headquarters \n relocation' means any relocation of an eligible foreign \n corporation's qualified headquarters activities to the New York \n Liberty Zone but only if the corporation with respect to such \n relocation--\n ``(A) before September 11, 2007, enters into a \n contract--\n ``(i) under which the corporation agrees to \n acquire, lease, sublease, or otherwise occupy \n office space located in the New York Liberty \n Zone for use in the conduct of the activities \n to be relocated, and\n ``(ii) which requires a substantial \n financial commitment or provides a substantial \n cancellation penalty, and\n ``(B) before September 11, 2009--\n ``(i) transfers to the New York Liberty \n Zone qualified headquarters activities meeting \n the requirements of paragraph (2), and\n ``(ii) locates employees in the New York \n Liberty Zone in accordance with the \n requirements of paragraph (3).\n ``(2) Transfer of qualified headquarters activities.--The \n requirements of this paragraph are met if the transfer of \n qualified headquarters activities includes at least the \n transfer of a substantial part of the following activities \n which the eligible foreign corporation was performing for \n members of its expanded affiliated group immediately before the \n requirement of paragraph (1)(A) is met:\n ``(A) The activities described in clause (ii) of \n subsection (c)(2)(A).\n ``(B) High-level activities described in clause \n (iii) of subsection (c)(2)(A).\n ``(C) The activities described in clause (iv) of \n subsection (c)(2)(A).\n ``(3) Transfer of employees.--\n ``(A) In general.--The requirements of this \n paragraph are met if the eligible foreign corporation \n locates in the New York Liberty Zone a number of \n employees equal to or greater than the lesser of--\n ``(i) 200 employees, or\n ``(ii) the greater of--\n ``(I) 10 percent of the employees \n of the corporation and the members of \n its expanded affiliated group for which \n the corporation performs headquarters \n activities (as of the date the \n requirements of paragraph (1)(B) are \n first met), or\n ``(II) 50 employees.\n ``(B) High-level employees.--The requirements of \n this paragraph shall be treated as met only if the \n eligible foreign corporation locates in the New York \n Liberty Zone at least--\n ``(i) 50 percent of the senior officers of \n the corporation, and\n ``(ii) 50 percent of the senior business \n development personnel of the corporation.\n ``(C) Current united states employees not \n counted.--For purposes of determining whether the \n requirements of this paragraph are first met, and \n continue to be met during the 2-year period after the \n date on which the requirements are first met, there \n shall not be taken into account any individual who was \n an employee of the eligible foreign corporation or any \n member of its expanded affiliated group who was located \n in the United States at any time during the 1-year \n period ending on the later of--\n ``(i) the date the requirements of \n subsection (b)(1)(B) are first met, or\n ``(ii) the date the employee is first \n located in the New York Liberty Zone.\n Any period during which an individual was located in \n the New York Liberty Zone solely as part of a qualified \n headquarters relocation shall not be taken into account \n for purposes of the preceding sentence.\n ``(D) Located.--An employee shall be treated as \n located in the New York Liberty Zone or the United \n States for any period if the services performed by the \n employee during the period are performed primarily in \n the New York Liberty Zone or the United States, \n respectively.\n ``(c) Eligible Foreign Corporation; Qualified Headquarters \nActivities.--For purposes of this section--\n ``(1) Eligible foreign corporation.--The term `eligible \n foreign corporation' means a foreign corporation which--\n ``(A) performs qualified headquarters activities \n for 1 or more members of an expanded affiliated group \n including such corporation, and\n ``(B) agrees to furnish to the Secretary (at such \n time and in such manner as the Secretary may prescribe) \n such information as the Secretary may require to carry \n out this section, including the gross revenue of the \n corporation derived from qualified headquarters \n activities.\n ``(2) Qualified headquarters activities.--\n ``(A) In general.--The term `qualified headquarters \n activities' means, with respect to any eligible foreign \n corporation--\n ``(i) the ownership and management of any \n member of the expanded affiliated group of \n which it is a member,\n ``(ii) the conduct of any treasury function \n of a member of the expanded affiliated group of \n which it is a member, including the borrowing \n of funds, financing of members of the group and \n related entities, and investment of excess \n corporate funds, but not including the taking \n of deposits from, or the making of loans to, \n the public,\n ``(iii) marketing and branding functions,\n ``(iv) senior business management and \n development, and\n ``(v) any other activity incidental to any \n activity described in clauses (i) through (iv).\n ``(B) Certain activities previously conducted in \n united states not included.--\n ``(i) In general.--Such term shall not \n include any activity which the eligible foreign \n corporation or any member of its expanded \n affiliated group engaged in through an office \n or fixed place of business in the United States \n at any time during the 3-year period ending on \n the date the requirements of subsection \n (b)(1)(B) are first met.\n ``(ii) Exception for relocation \n activities.--The conduct of any activity as \n part of a qualified headquarters relocation \n shall not be taken into account in determining \n whether clause (i) applies to the activity.\n ``(iii) Exclusion ceases to apply if \n activity not conducted in united states for 5 \n years.--\n ``(I) In general.--Clause (i) shall \n not apply to any activity conducted in \n the New York Liberty Zone during the \n taxable year described in subclause \n (II) or any succeeding taxable year.\n ``(II) Applicable taxable year.--A \n taxable year is described in this \n subclause with respect to any activity \n if such year is the first taxable year \n in which ends a consecutive 5-year \n period which begins after the date the \n requirements of subsection (b)(1)(B) \n are first met and during which the \n eligible foreign corporation or any \n member of its expanded affiliated group \n did not engage in such activity through \n an office or fixed place of business \n within the United States.\n ``(iv) Special rules for acquired \n entities.--\n ``(I) In general.--If an acquired \n entity engaged in an activity described \n in subparagraph (A) through an office \n or fixed place of business in the \n United States (other than an activity \n which was a qualified headquarters \n activity of the acquired entity for \n purposes of subsection (a)) at any time \n during the 1-year period preceding the \n first date on which the acquired entity \n became a member of the expanded \n affiliated group of the eligible \n foreign corporation, such activity \n shall be treated as an activity engaged \n in by the eligible foreign corporation \n on the day preceding the first day the \n requirements of subsection (b)(1)(B) \n are met.\n ``(II) Activities not conducted in \n united states for 5 years.--If \n subclause (I) applies to an activity, \n clause (iii) shall be applied to the \n activity by substituting the date the \n acquired entity became a member of the \n expanded affiliated group of the \n eligible foreign corporation for the \n first day the requirements of \n subsection (b)(1)(B) are met.\n ``(III) Acquired entity.--The term \n `acquired entity' means any corporation \n or partnership which became a member of \n the eligible foreign corporation's \n expanded affiliated group after the \nfirst date the requirements of subsection (b)(1)(B) are met.\n ``(v) Predecessor entities.--For purposes \n of this subparagraph, any activity conducted by \n a predecessor or related person with respect to \n a member of an expanded affiliated group shall \n be treated as conducted by the member.\n ``(d) Termination and Recapture of Tax Benefits.--\n ``(1) In general.--This section shall not apply to any \n qualified headquarters activities of an eligible foreign \n corporation for any taxable year if the corporation at any time \n during the taxable year or any preceding taxable year fails \n to--\n ``(A) conduct the qualified headquarters activities \n described in subsection (b)(2), or\n ``(B) meet the requirements of subsection (b)(3).\n The Secretary may waive the application of this paragraph in \n the case of a de minimis or inadvertent failure which is \n corrected within a reasonable period of time after discovery.\n ``(2) Recapture of tax on certain eligible foreign \n corporations.--\n ``(A) In general.--In addition to any tax imposed \n by this chapter for the first taxable year during which \n this section does not apply to an eligible foreign \n corporation by reason of paragraph (1), there is hereby \n imposed on the eligible foreign corporation a tax equal \n to the recapture amount described in subparagraph (B).\n ``(B) Recapture amount.--\n ``(i) In general.--The recapture amount \n described in this subparagraph shall be the sum \n of the amounts determined for each of the 4 \n taxable years preceding the first taxable year \n to which this section does not apply by reason \n of paragraph (1) by multiplying the qualified \n tax benefits for each such year by the \n following recapture percentage:\n\n``In the case of-- The recapture percentage is--\n The immediately preceding taxable year........ 80% \n The second preceding taxable year............. 60% \n The third preceding taxable year.............. 40% \n The fourth preceding taxable year............. 20%.\n ``(ii) Qualified tax benefits.--For \n purposes of this subparagraph, the term \n `qualified tax benefits' means, with respect to \n any taxable year described in clause (i), an \n amount equal to the excess (if any) of--\n ``(I) the amount of the tax \n liability which a foreign corporation \n would have had for the taxable year \n under this chapter and chapter 3 if \n this section had not applied, over\n ``(II) the amount of such tax \n liability for such corporation for such \n taxable year without regard to this \n paragraph.\n ``(C) Interest.--\n ``(i) In general.--In addition to the tax \n imposed by subparagraph (A), an eligible \n foreign corporation shall pay interest on the \n recapture amount.\n ``(ii) Calculation of interest.--The amount \n of interest under clause (i) shall be \n determined--\n ``(I) at the underpayment rate \n specified in section 6621,\n ``(II) separately for each taxable \n year, and\n ``(III) for the period beginning on \n the due date for the tax return of the \n corporation for such taxable year \n (without regard to extensions) and \n ending on the due date for the tax \n return of the corporation for the first \n taxable year to which this section \n ceases to apply.\n ``(e) Expanded Affiliated Group.--For purposes of this section--\n ``(1) In general.--The term `expanded affiliated group' \n means an affiliated group as defined in section 1504(a) but \n without regard to paragraphs (2) and (3) of section 1504(b), \n except that section 1504(a) shall be applied by substituting \n `50 percent' for `80 percent' each place it appears.\n ``(2) Partnerships.--Such term includes any partnership in \n which the eligible foreign corporation or its expanded \n affiliated group owns directly or indirectly more than 50 \n percent of the capital or profit interests.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection, including regulations--\n ``(1) which exclude from qualified headquarters activities \n any activities of a type not ordinarily performed by a \n corporation performing headquarters activities,\n ``(2) to apply this section in the case of eligible foreign \n corporations that conduct activities in the United States other \n than qualified headquarters activities, and\n ``(3) which prevent qualified foreign corporations from \n expanding the benefits available by reason of this paragraph \n through intercompany transactions.''\n (b) Conforming Amendment.--The table of sections for subchapter Y \nof chapter 1 of the Internal Revenue Code of 1986 is amended by adding \nat the end the following new item:\n\n``Sec. 1400M. No additional corporate income taxes on foreign \n corporations relocating headquarters \n operations to New York Liberty Zone.''","summary":"World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax. Or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country. Sets forth qualified headquarters relocation criteria with respect to transfers of employees and headquarters activities. Provides for termination and recapture of tax benefits for failure to meet such requirements. Defines expanded affiliated group for purposes of this Act.","title":"A bill to amend the Internal Revenue Code of 1986 to attract foreign corporations to relocate to the area in New York City surrounding the former World Trade Center.","text_len":19917,"sum_len":863} {"bill_id":"113_hr2799","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sportsmen's Heritage And \nRecreational Enhancement Act'' or the ``SHARE Act''.\n\nSEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY \n COMMITTEE.\n\n The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is \namended by adding at the end the following:\n\n``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY \n COMMITTEE.\n\n ``(a) Establishment.--There is hereby established the Wildlife and \nHunting Heritage Conservation Council Advisory Committee (in this \nsection referred to as the `Advisory Committee') to advise the \nSecretaries of the Interior and Agriculture on wildlife and habitat \nconservation, hunting, and recreational shooting.\n ``(b) Duties of the Advisory Committee.--The Advisory Committee \nshall advise the Secretaries with regard to--\n ``(1) implementation of Executive Order No. 13443: \n Facilitation of Hunting Heritage and Wildlife Conservation, \n which directs Federal agencies `to facilitate the expansion and \n enhancement of hunting opportunities and the management of game \n species and their habitat';\n ``(2) policies or programs to conserve and restore \n wetlands, agricultural lands, grasslands, forest, and rangeland \n habitats;\n ``(3) policies or programs to promote opportunities and \n access to hunting and shooting sports on Federal lands;\n ``(4) policies or programs to recruit and retain new \n hunters and shooters;\n ``(5) policies or programs that increase public awareness \n of the importance of wildlife conservation and the social and \n economic benefits of recreational hunting and shooting; and\n ``(6) policies or programs that encourage coordination \n among the public, the hunting and shooting sports community, \n wildlife conservation groups, and States, tribes, and the \n Federal Government.\n ``(c) Membership.--\n ``(1) Appointment.--\n ``(A) In general.--The Advisory Committee shall \n consist of no more than 16 discretionary members and 7 \n ex officio members.\n ``(B) Ex officio members.--The ex officio members \n are--\n ``(i) the Director of the United States \n Fish and Wildlife Service or a designated \n representative of the Director;\n ``(ii) the Director of the Bureau of Land \n Management or a designated representative of \n the Director;\n ``(iii) the Director of the National Park \n Service or a designated representative of the \n Director;\n ``(iv) the Chief of the Forest Service or a \n designated representative of the Chief;\n ``(v) the Chief of the Natural Resources \n Conservation Service or a designated \n representative of the Chief;\n ``(vi) the Administrator of the Farm \n Service Agency or a designated representative \n of the Administrator; and\n ``(vii) the Executive Director of the \n Association of Fish and Wildlife Agencies.\n ``(C) Discretionary members.--The discretionary \n members shall be appointed jointly by the Secretaries \n from at least one of each of the following:\n ``(i) State fish and wildlife agencies.\n ``(ii) Game bird hunting organizations.\n ``(iii) Wildlife conservation \n organizations.\n ``(iv) Big game hunting organizations.\n ``(v) The tourism, outfitter, or guiding \n industry.\n ``(vi) The firearms or ammunition \n manufacturing industry.\n ``(vii) The hunting or shooting equipment \n retail industry.\n ``(viii) Tribal resource management \n organizations.\n ``(ix) The agriculture industry.\n ``(x) The ranching industry.\n ``(xi) Waterfowl hunting organizations.\n ``(D) Eligibility.--Prior to the appointment of the \n discretionary members, the Secretaries shall determine \n that all individuals nominated for appointment to the \n Advisory Committee, and the organization each \n individual represents, actively support and promote \n sustainable-use hunting, wildlife conservation, and \n recreational shooting.\n ``(2) Terms.--\n ``(A) In general.--Except as provided in \n subparagraph (B), members of the Advisory Committee \n shall be appointed for a term of 4 years. Members shall \n not be appointed for more than 3 consecutive or \n nonconsecutive terms.\n ``(B) Terms of initial appointees.--As designated \n by the Secretary at the time of appointment, of the \n members first appointed--\n ``(i) 6 members shall be appointed for a \n term of 4 years;\n ``(ii) 5 members shall be appointed for a \n term of 3 years; and\n ``(iii) 5 members shall be appointed for a \n term of 2 years.\n ``(3) Preservation of public advisory status.--No \n individual may be appointed as a discretionary member of the \n Advisory Committee while serving as an officer or employee of \n the Federal Government.\n ``(4) Vacancy and removal.--\n ``(A) In general.--Any vacancy on the Advisory \n Committee shall be filled in the manner in which the \n original appointment was made.\n ``(B) Removal.--Advisory Committee members shall \n serve at the discretion of the Secretaries and may be \n removed at any time for good cause.\n ``(5) Continuation of service.--Each appointed member may \n continue to serve after the expiration of the term of office to \n which such member was appointed until a successor has been \n appointed.\n ``(6) Chairperson.--The Chairperson of the Advisory \n Committee shall be appointed for a 3-year term by the \n Secretaries, jointly, from among the members of the Advisory \n Committee. An individual may not be appointed as Chairperson \n for more than 2 consecutive or nonconsecutive terms.\n ``(7) Pay and expenses.--Members of the Advisory Committee \n shall serve without pay for such service, but each member of \n the Advisory Committee may be reimbursed for travel and lodging \n incurred through attending meetings of the Advisory Committee \n approved subgroup meetings in the same amounts and under the \n same conditions as Federal employees (in accordance with \n section 5703 of title 5, United States Code).\n ``(8) Meetings.--\n ``(A) In general.--The Advisory Committee shall \n meet at the call of the Secretaries, the chairperson, \n or a majority of the members, but not less frequently \n than twice annually.\n ``(B) Open meetings.--Each meeting of the Advisory \n Committee shall be open to the public.\n ``(C) Prior notice of meetings.--Timely notice of \n each meeting of the Advisory Committee shall be \n published in the Federal Register and be submitted to \n trade publications and publications of general \n circulation.\n ``(D) Subgroups.--The Advisory Committee may \n establish such workgroups or subgroups as it deems \n necessary for the purpose of compiling information or \n conducting research. However, such workgroups may not \n conduct business without the direction of the Advisory \n Committee and must report in full to the Advisory \n Committee.\n ``(9) Quorum.--Nine members of the Advisory Committee shall \n constitute a quorum.\n ``(d) Expenses.--The expenses of the Advisory Committee that the \nSecretaries determine to be reasonable and appropriate shall be paid by \nthe Secretaries.\n ``(e) Administrative Support, Technical Services, and Advice.--A \ndesignated Federal Officer shall be jointly appointed by the \nSecretaries to provide to the Advisory Committee the administrative \nsupport, technical services, and advice that the Secretaries determine \nto be reasonable and appropriate.\n ``(f) Annual Report.--\n ``(1) Required.--Not later than September 30 of each year, \n the Advisory Committee shall submit a report to the \n Secretaries, the Committee on Natural Resources and the \n Committee on Agriculture of the House of Representatives, and \n the Committee on Energy and Natural Resources and the Committee \n on Agriculture, Nutrition, and Forestry of the Senate. If \n circumstances arise in which the Advisory Committee cannot meet \n the September 30 deadline in any year, the Secretaries shall \n advise the Chairpersons of each such Committee of the reasons \n for such delay and the date on which the submission of the \n report is anticipated.\n ``(2) Contents.--The report required by paragraph (1) shall \n describe--\n ``(A) the activities of the Advisory Committee \n during the preceding year;\n ``(B) the reports and recommendations made by the \n Advisory Committee to the Secretaries during the \n preceding year; and\n ``(C) an accounting of actions taken by the \n Secretaries as a result of the recommendations.\n ``(g) Federal Advisory Committee Act.--The Advisory Committee shall \nbe exempt from the Federal Advisory Committee Act (5 U.S.C. App.).\n ``(h) Abolishment of the Existing Wildlife and Hunting Heritage \nConservation Council Advisory Committee.--Effective on the date of the \nenactment of this Act, the Wildlife and Hunting Heritage Conservation \nCouncil formed in furtherance of section 441 of the Revised Statutes \n(43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), \nand other Acts applicable to specific bureaus of the Department of the \nInterior is hereby abolished.''.\n ","summary":"Sportsmen's Heritage And Recreational Enhancement or SHARE Act - Amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Secretaries of the Interior and of Agriculture (USDA) on wildlife and habitat conservation, hunting, and recreational shooting. Requires the Advisory Committee to report annually to the Secretaries and to Congress. Exempts the Advisory Committee from the Federal Advisory Committee Act. Abolishes the Wildlife and Hunting Heritage Conservation Council.","title":"SHARE Act","text_len":11283,"sum_len":564} {"bill_id":"109_hr1635","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Employment Transition \nSupport Act of 2005'' or the ``VETS Act of 2005''.\n\nSEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO \n SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO \n SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.\n\n ``(a) General Rule.--For purposes of section 38, the military \nservice personnel employment credit for the taxable year shall be equal \nto--\n ``(1) except as provided in paragraph (2), 40 percent of \n the qualified first-year wages for such year, and\n ``(2) in the case of a disabled qualified veteran, the \n applicable percentage of the qualified first-year wages for \n such year.\n ``(b) Qualified Wages.--For purposes of this section--\n ``(1) In general.--The term `qualified wages' means the \n wages paid or incurred by the employer during the taxable year \n to individuals who are qualified veterans.\n ``(2) Qualified first-year wages.--The term `qualified \n first-year wages' means, with respect to any individual, \n qualified wages attributable to service rendered during the 1-\n year period beginning with the day the individual begins work \n for the employer.\n ``(3) Wages.--The term `wages' has the meaning given such \n term by section 51(c), without regard to paragraph (4) thereof.\n ``(c) Qualified Veteran; Hiring Date.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified veteran' means any \n individual who is certified by the designated local agency (as \n defined in section 51(d)(11))--\n ``(A) as being a veteran (as defined in section \n 51(d)(3)(B)) who performed services in an area \n designated by the President for purposes of this \n section as a combat zone or as a hazardous duty area, \n and\n ``(B) as having been honorably discharged from \n active duty in the Armed Forces of the United States.\n ``(2) Hiring date.--The term `hiring date' has the meaning \n given such term by section 51(d).\n ``(d) Disabled Qualified Veteran; Applicable Percentage.--\n ``(1) In general.--The term `disabled qualified veteran' \n means any qualified veteran who is certified by the designated \n local agency (as so defined) as having a disability that has \n been determined under the laws administered by the Secretary of \n Veterans Affairs to be service-connected and that is rated by \n such Secretary (as of the date of the certification) as 10 \n percent or more disabling.\n ``(2) Applicable percentage.--The term `applicable \n percentage' means the percentage determined in accordance with \n the following table:\n\n\n``Percentage of disability: Applicable percentage:\nAt least 10 but not over 20....... 41\nAt least 20 but not over 30....... 42\nAt least 30 but not over 40....... 43\nAt least 40 but not over 50....... 44\nAt least 50 but not over 60....... 45\nAt least 60 but not over 70....... 46\nAt least 70 but not over 80....... 47\nAt least 80 but not over 90....... 48\nAt least 90 but not over 100...... 49\n100 percent....................... 50\n\n ``(e) Certain Rules to Apply.--Rules similar to the rules of \nsection 52, and subsections (d)(11), (f), (g), (i) (as in effect on the \nday before the date of the enactment of the Taxpayer Relief Act of \n1997), (j), and (k) of section 51, shall apply for purposes of this \nsection.''.\n (b) Credit to Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (18), by striking the period at the end of paragraph (19) \nand inserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(20) the military service personnel employment credit \n determined under section 45J(a).''.\n (c) Technical Amendments.--\n (1) Clause (iii) of section 41(b)(2)(D) of such Code is \n amended to read as follows:\n ``(iii) Exclusion for wages to which \n employment credits apply.--The term `wages' \n shall not include any amount taken into account \n in determining the credit under section 45J(a) \n or 51(a).''.\n (2) Subparagraph (B) of section 45A(b)(1) of such Code is \n amended to read as follows:\n ``(B) Coordination with other employment credits.--\n The term `qualified wages' shall not include wages \n attributable to service rendered during the 1-year \n period beginning with the day the individual begins \n work for the employer if any portion of such wages is \n taken into account in determining the credit under \n section 45J or 51.''.\n (3) Subsection (a) of section 280C of such Code is amended \n by inserting ``45J(a),'' after ``45A(a),''.\n (4) Paragraph (3) of section 1396(c) of such Code is \n amended to read as follows:\n ``(3) Coordination with other employment credits.--\n ``(A) In general.--The term `qualified wages' shall \n not include wages taken into account in determining the \n credit under section 45J or 51.\n ``(B) Coordination with paragraph (2).--The $15,000 \n amount in paragraph (2) shall be reduced for any \n calendar year by the amount of wages paid or incurred \n during such year which are taken into account in \n determining the credits under sections 45J and 51.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45J. Credit for employers hiring military service personnel who \n served in a combat zone or a hazardous duty \n area.''.\n (e) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for the employer after the date of \nthe enactment of this Act.","summary":"Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings.","title":"To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for hiring military service personnel who served in a combat zone or a hazardous duty area.","text_len":6755,"sum_len":469} {"bill_id":"109_hr2718","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Idaho Land Enhancement Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Agreement.--The term ``Agreement'' means the agreement \n executed in 2005, entitled ``Agreement to Initiate, Boise \n Foothills--Northern Idaho Land Exchange'', and entered into \n by--\n (A) the Bureau of Land Management;\n (B) the Forest Service;\n (C) the State; and\n (D) the City.\n (2) Bureau of land management land.--The term ``Bureau of \n Land Management land'' means the approximately 605 acres of \n land administered by the Bureau of Land Management (including \n all appurtenances to the land) that is proposed to be acquired \n by the State, as depicted in exhibit A2 of the Agreement.\n (3) Board.--The term ``Board'' means the Idaho State Board \n of Land Commissioners.\n (4) City.--The term ``city'' means the city of Boise, \n Idaho.\n (5) Federal land.--The term ``Federal land'' means the \n Bureau of Land Management land and the National Forest System \n land.\n (6) National forest system land.--The term ``National \n Forest System land'' means the approximately 7,220 acres of \n land (including all appurtenances to the land) that is--\n (A) administered by the Secretary of Agriculture in \n the Idaho Panhandle National Forests and the Clearwater \n National Forest;\n (B) proposed to be acquired by the State; and\n (C) depicted in exhibit A2 of the Agreement.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (8) State.--The term ``State'' means the State of Idaho, \n Department of Lands.\n (9) State land.--The term ``State land'' means the \n approximately 11,085 acres of land (including all appurtenances \n to the land) administered by the State that are proposed to be \n acquired by the United States, as depicted in exhibit A1 of the \n Agreement.\n\nSEC. 3. LAND EXCHANGE.\n\n (a) In General.--In accordance with the Agreement and this Act, if \nthe State offers to convey the State land to the United States, the \nSecretary and the Secretary of Agriculture shall--\n (1) accept the offer; and\n (2) on receipt of title to the State land, simultaneously \n convey to the State the Federal land.\n (b) Additional Agreements.--The Secretary and the Secretary of \nAgriculture may enter into any additional agreements that the Secretary \nand the Secretary of Agriculture determine to be necessary or \nappropriate to supplement the Agreement, including agreements that--\n (1) provide legal descriptions of the Federal land and \n State land (including any interests in the Federal land and \n State land) to be exchanged under this Act;\n (2) identify all reserved and outstanding interests in the \n Federal land and State land;\n (3) stipulate any cash equalization payments required; and\n (4) specify any other terms and conditions that are \n necessary to complete the land exchange.\n (c) Valid Existing Rights.--The conveyance of the Federal land and \nState land shall be subject to--\n (1) all valid existing rights; and\n (2) any other reservations, terms, and conditions agreed to \n by the Secretary, the Secretary of Agriculture, and the Board.\n (d) Equal Value Exchange.--\n (1) In general.--The value of the Federal land and State \n land to be exchanged under this Act--\n (A) shall be equal; or\n (B) shall be made equal in accordance with \n subsection (e).\n (2) Appraisals.--\n (A) In general.--The value of the Federal land and \n State land shall be determined in accordance with \n appraisals conducted in accordance with--\n (i) the Uniform Appraisal Standards for \n Federal Land Acquisitions; and\n (ii) any appraisal instructions of the \n Secretary and the Secretary of Agriculture,\n (B) Approval.--Any appraisal conducted under \n subparagraph (A) shall be reviewed and approved by--\n (i) the Secretary and the Secretary of \n Agriculture; or\n (ii) an interdepartmental appraisal review \n team established jointly by the Secretary and \n the Secretary of Agriculture.\n (e) Cash Equalization.--\n (1) In general.--If the value of the Federal land and State \n land is not equal, the value may be equalized by the payment of \n cash to the United States or to the State, as appropriate, in \n accordance with section 206(b) of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1716(b)).\n (2) Disposition and use of proceeds.--\n (A) Disposition of proceeds.--Any cash equalization \n payments received by the United States under paragraph \n (1) shall be deposited in the fund established under \n Public Law 90-171 (commonly known as the ``Sisk Act'') \n (16 U.S.C. 484a).\n (B) Use of proceeds.--Amounts deposited under \n paragraph (2) shall be available to the Secretary of \n Agriculture, without further appropriation and until \n expended, for the acquisition of land and interests in \n land for addition to the National Forest System in the \n State.\n (f) Rights-of-Way.--As specified in the Agreement--\n (1) the Secretary of Agriculture, under the authority of \n the Federal Land Policy and Management Act of 1976 (43 U.S.C. \n 1701 et seq.), shall convey to the State any easements or other \n rights-of-way to National Forest System land that are \n appropriate to provide access to the Federal land acquired by \n the State under this Act; and\n (2) the State shall convey to the United States any \n easements or other rights-of-way to land owned by the State \n that are agreed to by the Secretary of Agriculture and the \n State.\n (g) Costs.--The City, either directly or through a collection \nagreement with the Secretary and the Secretary of Agriculture, shall \npay the administrative costs associated with the conveyance of the \nFederal land and State land, including the costs of any field \ninspections, environmental analyses, appraisals, title examinations, \nand deed and patent preparations.\n\nSEC. 4. MANAGEMENT OF FEDERAL LAND.\n\n (a) Transfer of Administrative Jurisdiction.--\n (1) In general.--There is transferred from the Secretary to \n the Secretary of Agriculture administrative jurisdiction over \n the land described in paragraph (2).\n (2) Description of land.--The land referred to in paragraph \n (1) is the approximately 2,111 acres of Bureau of Land \n Management land located in Shoshone County, Idaho, as generally \n depicted in exhibit A3 of the Agreement.\n (3) Management.--\n (A) In general.--On transfer of administrative \n jurisdiction over the land to the Secretary of \n Agriculture under paragraph (1), the land shall be \n managed by the Secretary of Agriculture in accordance \n with the laws (including regulations) applicable to the \n National Forest System.\n (B) Wilderness study areas.--Any land designated as \n a Wilderness Study Area that is transferred to the \n Secretary of Agriculture under paragraph (1) shall be \n managed in a manner that preserves the suitability of \n land for designation as wilderness until Congress \n determines otherwise.\n (b) Additions to the National Forest System.--The Secretary of \nAgriculture shall administer any State land conveyed to the United \nStates under this Act for administration by the Secretary of \nAgriculture in accordance with--\n (1) the Act of March 1, 1911 (commonly known as the ``Weeks \n Act'') (16 U.S.C. 480 et seq.); and\n (2) any laws (including regulations) applicable to the \n National Forest System.\n (c) Land to Be Managed by the Secretary.--The Secretary shall \nadminister any State land conveyed to the United States under this Act \nfor administration by the Secretary as acquired land in accordance \nwith--\n (1) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (2) other applicable laws.\n (d) Land and Resource Management Plans.--\n (1) In general.--Acquisition by the United States of the \n State land under this Act shall not require a revision or \n amendment to the applicable land and resource management plan \n of the Forest Service or the Bureau of Land Management.\n (2) Renewal.--When a land and resource management plan of \n the Forest Service or the Bureau of Land Management, as \n appropriate, is renewed, the plan shall take into account the \n State land acquired under this Act.\n (3) Management.--Pending completion of the land and \n resource management plan renewal process under paragraph (2), \n the Secretary and the Secretary of Agriculture shall manage the \n acquired State land in accordance with the standards and \n guidelines in the applicable land and resource management plans \n for adjacent land managed by the Secretary and the Secretary of \n Agriculture.\n (e) National Forest Boundaries.--For purposes of section 7 of the \nLand and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the \nboundaries of the Idaho Panhandle National Forest and Clearwater \nNational Forest, as modified by the exchange authorized by this Act, \nshall be considered to be the boundaries of the Idaho Panhandle \nNational Forest and Clearwater National Forest as of January 1, 1965.\n\nSEC. 5. MISCELLANEOUS PROVISIONS.\n\n (a) Legal Descriptions.--The Secretary, the Secretary of \nAgriculture, and the Board may modify the descriptions of land \nspecified in the Agreement to--\n (1) correct errors;\n (2) make minor adjustments to the parcels based on a survey \n or other means; or\n (3) reconfigure the parcels to facilitate the land \n exchange.\n (b) Maps.--If there is a discrepancy between a map, acreage \nestimate, and written legal description of the Federal land or State \nland, the written legal description shall prevail.\n (c) Revocation of Orders.--Subject to valid existing rights, any \npublic land orders withdrawing any of the Federal land from \nappropriation or disposal under the public land laws are revoked to the \nextent necessary to permit disposal of the Federal land.\n (d) Withdrawals.--\n (1) Federal land.--Subject to valid existing rights, \n pending completion of the land exchange, the Federal land is \n withdrawn from--\n (A) all forms of location, entry, and patent under \n the mining and public land laws; and\n (B) disposition under the mineral leasing laws and \n the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et \n seq.).\n (2) State land.--Subject to valid existing rights, the land \n transferred to the Secretary of Agriculture under section 4(a) \n and, on acquisition by the United States, the State land, are \n withdrawn from--\n (A) all forms of location, entry, and patent under \n the mining and public land laws; and\n (B) disposition under the mineral leasing laws and \n the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et \n seq.).\n (3) Effect.--Nothing in this section precludes the \n Secretary or the Secretary of Agriculture from using common \n varieties of mineral materials for construction and maintenance \n of Federal roads and facilities on the State land acquired \n under this Act and any adjacent Federal land.\n (e) Congressional Finding on Need for Additional Analysis.--\nCongress finds that--\n (1) the Forest Service and the Bureau of Land Management \n have conducted adequate analyses and reviews of the \n environmental impacts of the exchange authorized under section \n 3(a); and\n (2) no further administrative or environmental analyses or \n examination shall be required to carry out any activities \n authorized under this Act.","summary":"Idaho Land Enhancement Act - Directs the Secretaries of Agriculture and the Interior, if the State of Idaho offers to convey specified State land to the United States, to accept the offer, and on receipt of title to such land, simultaneously convey to the State specified Bureau of Land Management (BLM) and National Forest System land . Requires the value of the exchanged Federal and State lands to be: (1) equal. Or (2) made equal by cash payment to the United States or the State. Sets forth requirements for the disposition and use of proceeds from cash equalization payments received by the United States. Requires the conveyance of certain easements or other rights-of-way. Directs the city of Boise, Idaho, to pay the administrative costs associated with such land exchange. Transfers administrative jurisdiction over specified BLM land in Shoshone County, Idaho, from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, to be the boundaries of such Forests as of January 1, 1965. Revokes any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws necessary to permit disposal of such land. Withdraws the Federal and State land from: (1) location, entry, and patent under the mining and public land laws. And (2) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970.","title":"To authorize the exchange of certain Federal land within the State of Idaho, and for other purposes.","text_len":13238,"sum_len":1518} {"bill_id":"109_s2465","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Tuberculosis is one of the greatest infectious causes \n of death of adults worldwide, killing nearly 2,000,000 people \n per year--one person every 15 seconds.\n (2) One-third of the world's population is infected with \n the tuberculosis bacterium and an estimated 9,000,000 \n individuals develop active tuberculosis each year.\n (3) Tuberculosis is the leading killer among individuals \n who are HIV-positive due to their weakened immune systems, and \n it is estimated that one-third of people with HIV infection \n have tuberculosis.\n (4) Today, tuberculosis is a leading killer of women of \n reproductive age.\n (5) There are 22 countries that account for 80 percent of \n the world's burden of tuberculosis. The People's Republic of \n China and India account for 35 percent of all estimated new \n tuberculosis cases each year.\n (6) Driven by the HIV\/AIDS pandemic, incidence rates of \n tuberculosis in Africa have more than doubled on average since \n 1990, making it the only region in the world in which \n tuberculosis rates are not currently stabilized or declining. \n The problem is so pervasive that in August 2005, African Health \n Ministers and the World Health Organization (WHO) declared \n tuberculosis to be an emergency in Africa.\n (7) The wide extent of drug resistance, including multi-\n drug resistant tuberculosis (MDR-TB), in Eastern Europe and \n other parts of the world represents a critical challenge to the \n global control of tuberculosis. Drug resistance surveillance \n reports have confirmed the serious scale and spread of \n tuberculosis in Eastern Europe with tuberculosis strains often \n resistant to all first line drugs and also to some second line \n drugs.\n (8) With more than 50 percent of tuberculosis cases in the \n United States attributable to foreign-born individuals and with \n the increase in international travel, commerce, and migration, \n elimination of tuberculosis in the United States depends on \n efforts to control the disease in developing countries. Recent \n research has shown that to invest in tuberculosis control \n abroad, where treatment and program costs are significantly \n cheaper than in the United States, would be a cost-effective \n strategy to reduce tuberculosis-related morbidity and mortality \n domestically.\n (9) The threat that tuberculosis poses for Americans \n derives from the global spread of tuberculosis and the \n emergence and spread of strains of multi-drug resistant \n tuberculosis, which is far more deadly, and more difficult and \n costly to treat.\n (10) DOTS (Directly Observed Treatment Short-course) is one \n of the most cost-effective health interventions available today \n and is a core component of the new Stop TB Strategy.\n (11) The Stop TB Strategy, developed by the World Health \n Organization, builds on the success of DOTS and ongoing \n challenges so as to serve all those in need and reach targets \n for prevalence, mortality, and incidence reduction. The Stop TB \n Strategy includes six components:\n (A) Pursuing high-quality expansion and enhancement \n of DOTS coverage.\n (B) Implementing tuberculosis and HIV collaborative \n activities, preventing, and controlling multi-drug \n resistant tuberculosis, and addressing other special \n challenges.\n (C) Contributing to the strengthening of health \n systems.\n (D) Engaging all health care providers, including \n promotion of the International Standards for \n Tuberculosis Care.\n (E) Empowering individuals with tuberculosis and \n communities.\n (F) Enabling and promoting research to develop new \n diagnostics, drugs, vaccines, and program-based \n operational research relating to tuberculosis.\n (12) The Global Plan to Stop TB 2006-2015: Actions for Life \n is a comprehensive plan developed by the Stop TB Partnership \n that sets out the actions necessary to achieve the millennium \n development goal of cutting tuberculosis deaths and disease \n burden in half by 2015 and thus eliminate tuberculosis as a \n global health problem by 2050.\n (13) While innovations such as the Global Tuberculosis Drug \n Facility have enabled low-income countries to treat a standard \n case of tuberculosis with drugs that cost as little as $16 for \n a full six-month course of treatment, there are still millions \n of individuals with no access to effective treatment.\n (14) As the global resource investment in fighting \n tuberculosis increases, partner nations and international \n institutions must commit to a corresponding increase in the \n technical and program assistance necessary to ensure that the \n most effective and efficient tuberculosis treatments are \n provided.\n (15) The Global Fund to Fight AIDS, Tuberculosis and \n Malaria is an important global partnership established to \n combat these three infectious diseases that together kill \n millions of people a year. Expansion of effective tuberculosis \n treatment programs constitutes a major component of Global Fund \n investment, along with integrated efforts to address HIV and \n tuberculosis in areas of high prevalence.\n (16) The Centers for Disease Control and Prevention (CDC) \n is actively involved with global tuberculosis control efforts \n since the global tuberculosis epidemic directly impacts \n tuberculosis in the United States, and because Congress has \n strongly urged the CDC each year to increase its involvement \n with international tuberculosis control efforts.\n (17) The CDC is assisting countries with a high burden of \n tuberculosis to--\n (A) implement the World Health Organization-\n recommended control strategies by improving the \n capacity to diagnose and cure individuals with \n tuberculosis;\n (B) improve the capacity to diagnose, treat, and \n prevent tuberculosis in HIV-infected individuals and \n individuals with multi-drug resistant tuberculosis; and\n (C) conduct programmatically-relevant operational \n research to identify and evaluate new diagnostics, \n treatment regimes, and interventions to control \n tuberculosis.\n\nSEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS.\n\n (a) Policy.--Section 104B(b) of the Foreign Assistance Act of 1961 \n(22 U.S.C. 2151b-3(b)) is amended to read as follows:\n ``(b) Policy.--It is a major objective of the foreign assistance \nprogram of the United States to control tuberculosis. In all countries \nin which the United States Agency for International Development has \nestablished development programs, the following goals in the battle \nagainst tuberculosis should be achieved by not later than December 31, \n2015:\n ``(1) Reduce by half the tuberculosis death and disease \n burden from the 1990 baseline.\n ``(2) Sustain or exceed the detection of at least 70 \n percent of cases of tuberculosis infection and the cure of at \n least 85 percent of those cases detected.''.\n (b) Authorization.--Section 104B(c) of the Foreign Assistance Act \nof 1961 (22 U.S.C. 2151b-3(c)) is amended by striking ``is authorized \nto'' and inserting ``shall''.\n (c) Priority to Stop TB Strategy.--Section 104B(e) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151b-3(e)) is amended--\n (1) in the heading, to read as follows: ``Priority to Stop \n TB Strategy.--'';\n (2) in the first sentence, by striking ``In furnishing'' \n and all that follows through ``, including funding'' and \n inserting the following:\n ``(1) Priority.--In furnishing assistance under subsection \n (c), the President shall give priority to--\n ``(A) activities described in the Stop TB Strategy, \n including expansion and enhancement of DOTS coverage, \n treatment for individuals infected with both \n tuberculosis and HIV and treatment for individuals with \n multi-drug resistant tuberculosis (MDR-TB), \n strengthening of health systems, use of the \n International Standards for Tuberculosis Care by all \n providers, empowering individuals with tuberculosis, \n and enabling and promoting research to develop new \n diagnostics, drugs, and vaccines, and program-based \n operational research relating to tuberculosis; and\n ``(B) funding''; and\n (3) in the second sentence--\n (A) by striking ``In order to'' and all that \n follows through ``not less than'' and inserting the \n following:\n ``(2) Availability of amounts.--In order to meet the \n requirements of paragraph (1), the President--\n ``(A) shall ensure that not less than'';\n (B) by striking ``for Directly Observed Treatment \n Short-course (DOTS) coverage and treatment of multi-\n drug resistant tuberculosis using DOTS-Plus,'' and \n inserting ``to implement the Stop TB Strategy; and''; \n and\n (C) by striking ``including'' and all that follows \n and inserting the following:\n ``(B) should ensure that not less than $15,000,000 \n of the amount made available to carry out this section \n for a fiscal year is used to make a contribution to the \n Global Tuberculosis Drug Facility.''.\n (d) Assistance for WHO and the Stop Tuberculosis Partnership.--\nSection 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3) \nis amended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In \ncarrying out this section, the President, acting through the \nAdministrator of the United States Agency for International \nDevelopment, is authorized to provide increased resources to the World \nHealth Organization (WHO) and the Stop Tuberculosis Partnership to \nimprove the capacity of countries with high rates of tuberculosis and \nother affected countries to implement the Stop TB Strategy.''.\n (e) Definitions.--Section 104B(g) of the Foreign Assistance Act of \n1961, as redesignated by subsection (d)(1), is amended--\n (1) in paragraph (1), by adding at the end before the \n period the following: ``, including low cost and effective \n diagnosis, treatment, and monitoring of tuberculosis, as well \n as a reliable drug supply, and a management strategy for public \n health systems, with health system strengthening, promotion of \n the use of the International Standards for Tuberculosis Care by \n all care providers, bacteriology under an external quality \n assessment framework, short-course chemotherapy, and sound \n reporting and recording systems''; and\n (2) by adding after paragraph (5) the following new \n paragraph:\n ``(6) Stop tb strategy.--The term `Stop TB Strategy' means \n the strategy described in the Global Plan to Stop TB 2006-2015: \n Actions for Life, a comprehensive plan developed by the Stop \n Tuberculosis Partnership that sets out the actions necessary to \n achieve the millennium development goal of cutting tuberculosis \n deaths and disease burden in half by 2015.''.\n (f) Annual Report.--Section 104A(e)(2)(C)(iii) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)(iii)) is amended by \nadding at the end before the semicolon the following: ``, including the \npercentage of such United States foreign assistance provided for \ndiagnosis and treatment of individuals with tuberculosis in countries \nwith the highest rates of tuberculosis, as determined by the World \nHealth Organization (WHO)''.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the President not less than $225,000,000 for fiscal \nyear 2007 and not less than $260,000,000 for fiscal year 2008 to carry \nout section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. \n2151b-3), as amended by subsections (a) through (e) of this section.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GLOBAL TUBERCULOSIS \n ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND \n PREVENTION.\n\n For the purpose of carrying out global tuberculosis activities \nthrough the Centers for Disease Control and Prevention, there are \nauthorized to be appropriated $30,000,000 for fiscal year 2007 and such \nsums as may be necessary for fiscal year 2008. Such authorization of \nappropriations is in addition to other authorizations of appropriations \nthat are available for such purposes. Amounts appropriated pursuant to \nthe authorization of appropriations under this section shall remain \navailable until expended.","summary":"Stop Tuberculosis (TB) Now Act of 2006 - Amends the Foreign Assistance Act of 1961 to require the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination. Gives priority to activities described in the Stop TB Strategy . Revises related fund use provisions. Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy. Authorizes appropriations for Centers for Disease Control and Prevention (CDCP) TB activities.","title":"A bill to amend the Foreign Assistance Act of 1961 to provide increased assistance for the prevention, treatment, and control of tuberculosis, and for other purposes.","text_len":14072,"sum_len":714} {"bill_id":"112_s1269","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``High School Data Transparency Act of \n2011''.\n\nSEC. 2. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.\n\n Subpart 2 of part E of title IX of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at \nthe end the following:\n\n``SEC. 9537. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.\n\n ``(a) In General.--The Secretary shall collect, annually, for the \nimmediately preceding academic year, from each coeducational secondary \nschool that receives Federal financial assistance that has an \ninterscholastic athletic program, the following information:\n ``(1) The total number of male and female students that \n attended the school, fully disaggregated and cross-tabulated by \n gender and race or ethnicity.\n ``(2) A listing of the teams that competed in athletic \n competition and for each such team the following data:\n ``(A) The season in which the team competed.\n ``(B) The total number of male and female \n participants as of the day of the first scheduled \n contest for the team, fully disaggregated and cross-\n tabulated by gender and race or ethnicity.\n ``(C) The total expenditures for the team, \n including the following data:\n ``(i) The travel expenditures.\n ``(ii) The equipment expenditures \n (including any equipment replacement schedule).\n ``(iii) The uniform expenditures (including \n any uniform replacement schedule).\n ``(iv) The expenditures for facilities, \n including medical facilities, locker rooms, \n fields, and gymnasiums.\n ``(v) The total number of trainers and \n medical personnel, and for each trainer or \n medical personnel an identification of such \n person's--\n ``(I) gender; and\n ``(II) employment status (including \n whether such person is assigned to the \n team full-time or part-time, and \n whether such person is a head or \n assistant trainer or medical services \n provider) and duties other than \n providing training or medical services.\n ``(vi) The expenditures for publicity for \n competitions.\n ``(D) The total number of coaches, and for each \n coach an identification of such coach's--\n ``(i) gender; and\n ``(ii) employment status (including whether \n such coach is assigned to the team full-time or \n part-time, and whether such coach is a head or \n assistant coach) and duties other than \n coaching.\n ``(E) The total number of competitive events (in \n regular and nontraditional seasons) scheduled, and for \n each an indication of what day of the week and time the \n competitive event was scheduled.\n ``(F) Whether such team participated in postseason \n competition, and the success of such team in any \n postseason competition.\n ``(b) Disclosure of Information to Students and Public.--A \ncoeducational secondary school described in subsection (a) shall--\n ``(1) make available to students and potential students, \n upon request, and to the public, the information contained in \n reports by the school under this section by October 15 for the \n previous school year; and\n ``(2) ensure that all students at the school are informed \n of their right to request such information.\n ``(c) Submission; Information Availability.--On an annual basis, \neach coeducational secondary school described in subsection (a) shall \nprovide the information contained in each report by the school under \nthis section to the Secretary not later than 15 days after the date \nthat the school makes such information available under subsection (b).\n ``(d) Duties of the Secretary.--The Secretary shall--\n ``(1) ensure that reports under this section are posted on \n the Department of Education's Web site within a reasonable \n period of time; and\n ``(2) not later than 180 days after the date of enactment \n of the High School Data Transparency Act of 2011--\n ``(A) notify all secondary schools in all States \n regarding the availability of information under \n subsection (b); and\n ``(B) issue guidance to all schools on how to \n collect and report the information required under this \n section.''.","summary":"High School Data Transparency Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an interscholastic athletic program: (1) the number, gender, and race or ethnicity of students that attended the school. And (2) for each team that competed in athletic competition, the number, gender, and race or ethnicity of participants, the total expenditures, the number, gender, and employment status of trainers, medical personnel, and coaches, the number of competitions, and postseason record. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year. (2) ensure that all students at the school are informed of their right to request such information. And (3) annually provide such information to the Secretary. Directs the Secretary to: (1) ensure that such information is posted on the Department of Education's website, (2) notify all secondary schools regarding the availability of the information, and (3) issue guidance on how to collect and report the information required under this Act.","title":"A bill to amend the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to collect information from coeducational secondary schools on such schools' athletic programs, and for other purposes.","text_len":5300,"sum_len":1294} {"bill_id":"106_s2124","text":"SECTION 1. PUBLIC SCHOOL REPAIR AND RENOVATION.\n\n Title XII of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 8501 et seq.) is amended to read as follows:\n\n ``TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION\n\n``SEC. 12001. FINDINGS.\n\n ``Congress finds as follows:\n ``(1) The General Accounting Office estimated in 1995 that \n it would cost $112,000,000,000 to bring our Nation's school \n facilities into good overall condition.\n ``(2) The General Accounting Office also found in 1995 that \n 60 percent of the Nation's schools, serving 28,000,000 \n students, reported that 1 or more building features, such as \n roofs and plumbing, needed to be extensively repaired, \n overhauled, or replaced.\n ``(3) The National Center for Education Statistics reported \n that the average age for a school building in 1998 was 42 years \n and that local educational agencies with relatively high rates \n of poverty tend to have relatively old buildings.\n ``(4) School condition is positively correlated with \n student achievement, according to a number of research studies.\n ``(5) The results of a recent survey indicate that the \n condition of schools with large proportions of students living \n on Indian lands is particularly poor.\n ``(6) While school repair and renovation are primarily a \n State and local concern, some States and communities are not, \n on their own, able to meet the burden of providing adequate \n school facilities for all students, and the poorest communities \n have had the greatest difficulty meeting this need. It is, \n therefore, appropriate for the Federal Government to provide \n assistance to high-need communities for school repair and \n renovation.\n\n``SEC. 12002. PURPOSE.\n\n ``The purpose of this title is to assist high-need local \neducational agencies in making urgent repairs and renovations to public \nschool facilities in order to--\n ``(1) reduce health and safety problems, including \n violations of local or State fire codes, faced by students; and\n ``(2) improve the ability of students to learn in their \n school environment.\n\n``SEC. 12003. AUTHORIZED ACTIVITIES.\n\n ``(a) In General.--A recipient of a grant or loan under this title \nshall use the grant or loan funds to carry out the purpose of this \ntitle by--\n ``(1) repairing or replacing roofs, electrical wiring or \n plumbing systems;\n ``(2) repairing, replacing, or installing heating, \n ventilation, or air conditioning systems;\n ``(3) ensuring that repairs and renovations under this \n title comply with the requirements of section 504 of the \n Rehabilitation Act of 1973 and the Americans with Disabilities \n Act of 1990 relating to the accessibility of public school \n programs to individuals with disabilities; and\n ``(4) making other types of school repairs and renovations \n that the Secretary may reasonably determine are urgently \n needed, particularly projects to correct facilities problems \n that endanger the health and safety of students and staff such \n as violations of State or local fire codes.\n ``(b) Limitation.--The Secretary shall not approve an application \nfor a grant or loan under this title unless the applicant demonstrates \nto the Secretary's satisfaction that the applicant lacks sufficient \nfunds, from other sources, to carry out the repairs or renovations for \nwhich the applicant is requesting assistance.\n\n``SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH \n CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS.\n\n ``(a) Grants Authorized.--From funds available under section \n12008(a), the Secretary shall award grants to local educational \nagencies to enable the agencies to carry out the authorized activities \ndescribed in section 12003 and subsection (e).\n ``(b) Eligibility.--A local educational agency is eligible for a \ngrant under this section if the number of children determined under \nsection 8003(a)(1)(C) of this Act for that agency constituted at least \n50 percent of the number of children who were in average daily \nattendance at the schools of such agency during the preceding school \nyear.\n ``(c) Allocation of Funds.--The Secretary shall allocate funds \navailable to carry out this section to eligible local educational \nagencies based on their respective numbers of children in average daily \nattendance who are counted under section 8003(a)(1)(C) of this Act.\n ``(d) Applications.--Each eligible local educational agency that \ndesires to receive a grant under this section shall submit an \napplication to the Secretary that includes--\n ``(1) a statement of how the agency will use the grant \n funds;\n ``(2) a description of the steps the agency will take to \n adequately maintain the facilities that the agency repairs, \n renovates, or constructs with those funds; and\n ``(3) such other information and assurances as the \n Secretary may reasonably require.\n ``(e) Construction of New Schools.--In addition to any other \nactivity authorized under section 12003, an eligible local educational \nagency may use grant funds received under this section to construct a \nnew school if the agency demonstrates to the Secretary's satisfaction \nthat the agency will replace an existing school that is in such poor \ncondition that renovating the school will not be cost-effective.\n\n``SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES.\n\n ``(a) Grants Authorized.--From funds available under section \n12008(b)(1), the Secretary shall make grants, on a competitive basis, \nto local educational agencies with poverty rates of 25 percent or \ngreater to enable the agencies to carry out the authorized activities \ndescribed in section 12003.\n ``(b) Criteria for Awarding Grants.--In awarding grants under this \nsection, the Secretary shall consider--\n ``(1) the poverty rate, the need for school repairs and \n renovations, and the fiscal capacity of each local educational \n agency; and\n ``(2) such other factors as the Secretary determines \n appropriate.\n ``(c) Applications.--Each eligible local educational agency that \ndesires to receive a grant under this section shall submit an \napplication to the Secretary that includes--\n ``(1) a description of the agency's urgent need for school \n repair and renovation and of how the agency will use funds \n available under this title to meet those needs;\n ``(2) information on the fiscal effort that the agency is \n making in support of education and evidence demonstrating that \n the agency lacks the capacity to meet the agency's urgent \n school repair and renovation needs without assistance made \n available under this title;\n ``(3) a description of the steps the agency will take to \n adequately maintain the facilities that the agency repairs or \n renovates with the assistance; and\n ``(4) such other information and assurances as the \n Secretary may reasonably require.\n\n``SEC. 12006. SCHOOL RENOVATION GRANTS AND LOANS.\n\n ``(a) Grants and Loans Authorized.--From funds available under \nsection 12008(b)(2), the Secretary shall make grants, and shall pay the \ncost of loans made, on a competitive basis, to local educational \nagencies that lack the ability to fund urgent school repairs without a \ngrant or loan provided under this section to enable the agencies to \ncarry out the authorized activities described in section 12003.\n ``(b) Loan Period.--Each loan under this section shall be for a \nperiod of 7 years and shall carry an interest rate of 0 percent.\n ``(c) Criteria for Making Loans.--In making loans under this \nsection, the Secretary shall consider--\n ``(1) the extent of poverty, the need for school repairs \n and renovations, and the fiscal capacity of each applicant; and\n ``(2) such other factors as the Secretary determines \n appropriate.\n ``(d) Applications.--Each eligible local educational agency that \ndesires to receive a grant or loan under this section shall submit an \napplication to the Secretary that includes the information described in \nsection 12005(c).\n ``(e) Credit Standards.--In carrying out this section, the \nSecretary--\n ``(1) shall not extend credit without finding that there is \n reasonable assurance of repayment; and\n ``(2) may use credit enhancement techniques, as \n appropriate, to reduce the credit risk of loans.\n\n``SEC. 12007. PROGRESS REPORTS.\n\n ``The Secretary shall require recipients of grants and loans under \nthis title to submit progress reports and such other information as the \nSecretary determines necessary to ensure compliance with this title and \nto evaluate the impact of activities assisted under this title.\n\n``SEC. 12008. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) Grants Under Section 12004.--For the purpose of making grants \nunder section 12004, there are authorized to be appropriated \n$50,000,000 for fiscal year 2001 and such sums as may be necessary for \neach of the 4 succeeding fiscal years.\n ``(b) Grants Under Section 12005 and Grants and Loans Under Section \n12006.--For the purpose of making grants under section 12005, and \ngrants and loans under section 12006, there are authorized to be \nappropriated $1,250,000,000 for fiscal year 2001 and such sums as may \nbe necessary for each of the succeeding 4 years, of which--\n ``(1) 10 percent shall be available for grants under \n section 12005; and\n ``(2) 90 percent shall be available to make grants and to \n pay the cost of loans under section 12006.\n ``(c) Limitation on Loan Volume.--Within the available resources \nand authority, gross obligations for the principal amount of direct \nloans offered by the Secretary under section 12006 for fiscal year 2001 \nshall not exceed $7,000,000,000, or the amount specified in an \napplicable appropriations Act, whichever is greater.\n\n``SEC. 12009. DEFINITIONS.\n\n ``For the purpose of this title, the following terms have the \nfollowing meanings:\n ``(1) Local educational agency.--The term `local \n educational agency' has the meaning given that term in section \n 14101(18) (A) and (B) of this Act.\n ``(2) Public school facility.--\n ``(A) In general.--The term `public school \n facility' means a public building whose primary purpose \n is the instruction of public elementary or secondary \n students.\n ``(B) Exclusions.--The term excludes athletic \n stadiums or any other structure or facility intended \n primarily for athletic exhibitions, contests, games, or \n events for which admission is charged to the general \n public.\n ``(3) Repair and renovation.--The term `repair and \n renovation' used with respect to an existing public school \n facility, means the repair or renovation of the facility \n without increasing the size of the facility.''.","summary":"Requires high-need local educational agencies (LEAs) to use the title XII grants or loans they receive for repairs and renovations to reduce health and safety problems, and to improve the learning environment, with respect to: (1) roofs, electrical wiring, or plumbing repair or replacement. (2) heating, ventilation, or air conditioning systems' repair, replacement, or installation. (3) title XII repairs and renovations compliance with specified accessibility requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. And (4) other types of school repairs and renovations that the Secretary of Education may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff. Requires title XII grant or loan applicants to demonstrate to the Secretary's satisfaction that they lack sufficient funds from other sources to carry out the repairs or renovations for which they are requesting assistance. Provides for the following types and portions of title XII assistance: (1) a specified amount reserved for allocated grants to LEAs with high concentrations of students living on Indian lands. (2) ten percent of the remainder for competitive grants to high-poverty LEAs. And (3) 90 percent of such remainder for competitive grants and loans to high-need LEAs that lack the ability to fund urgent school repairs . Authorizes appropriations. Prohibits title XII assistance for repair or renovation of athletic stadiums or other structures or facilities intended primarily for athletic events for which admission is charged to the general public.","title":"A bill to authorize Federal financial assistance for the urgent repair and renovation of public elementary and secondary schools in high-need areas.","text_len":11500,"sum_len":1670} {"bill_id":"104_s589","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Interstate Transportation of \nMunicipal Waste Act of 1995''.\n\nSEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.\n\n Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) \nis amended by adding at the end the following new section:\n\n ``interstate transportation of municipal waste\n\n ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal \nWaste.--(1)(A) Except as provided in subsection (b), if requested in \nwriting by an affected local government, a Governor may prohibit the \ndisposal of out-of-State municipal waste in any landfill or incinerator \nthat is subject to the jurisdiction of the Governor or the affected \nlocal government.\n ``(B) Prior to submitting a request under this section, the \naffected local government shall--\n ``(i) provide notice and opportunity for public comment \n concerning any proposed request; and\n ``(ii) following notice and comment, take formal action on \n any proposed request at a public meeting.\n ``(2) Beginning with calendar year 1995, a Governor of a State may, \nwith respect to landfills covered by the exceptions provided in \nsubsection (b)--\n ``(A) notwithstanding the absence of a request in writing \n by the affected local government--\n ``(i) limit the quantity of out-of-State municipal \n waste received for disposal at each landfill in the \n State to an annual quantity equal to the quantity of \n out-of-State municipal waste received for disposal at \n the landfill during the calendar year 1993 or 1994, \n whichever is less; and\n ``(ii) limit the disposal of out-of-State municipal \n waste at landfills that received, during calendar year \n 1993, documented shipments of more than 50,000 tons of \n out-of-State municipal waste representing more than 30 \n percent of all municipal waste received at the landfill \n during the calendar year, by prohibiting at each such \n landfill the disposal, in any year, of a quantity of \n out-of-State municipal waste that is greater than 30 \n percent of all municipal waste received at the landfill \n during calendar year 1993; and\n ``(B) if requested in writing by the affected local \n government, prohibit the disposal of out-of-State municipal \n waste in landfill cells that do not meet the design and \n location standards and leachate collection and ground water \n monitoring requirements of State law and regulations in effect \n on January 1, 1993, for new landfills.\n ``(3)(A) In addition to the authorities provided in paragraph \n(1)(A), beginning with calendar year 1997, a Governor of any State, if \nrequested in writing by the affected local government, may further \nlimit the disposal of out-of-State municipal waste as provided in \nparagraph (2)(A)(ii) by reducing the 30 percent annual quantity \nlimitation to 20 percent in each of calendar years 1998 and 1999, and \nto 10 percent in each succeeding calendar year.\n ``(B)(i) A State may ban imports from large exporting States if the \nvolumes of municipal solid waste exported by those States did not meet \nreduction targets.\n ``(ii) A ban under clause (i) may prohibit imports from States that \nexport more than--\n ``(I) 3,500,000 tons in calendar year 1996;\n ``(II) 3,000,000 tons in calendar year 1997;\n ``(III) 3,000,000 tons in calendar year 1998;\n ``(IV) 2,500,000 tons in calendar year 1999;\n ``(V) 2,500,000 tons in calendar year 2000;\n ``(VI) 1,500,000 tons in calendar year 2001;\n ``(VII) 1,500,000 tons in calendar year 2002; or\n ``(VIII) 1,000,000 tons in any calendar year after 2002,\nexcluding any volume legitimately covered by a host community \nagreement.\n ``(4)(A) Any limitation imposed by the Governor under paragraph \n(2)(A)--\n ``(i) shall be applicable throughout the State;\n ``(ii) shall not discriminate against any particular \n landfill within the State; and\n ``(iii) shall not discriminate against any shipments of \n out-of-State municipal waste on the basis of State of origin.\n ``(B) In responding to requests by affected local governments under \nparagraphs (1)(A) and (2)(B), the Governor shall respond in a manner \nthat does not discriminate against any particular landfill within the \nState and does not discriminate against any shipments of out-of-State \nmunicipal waste on the basis of State of origin.\n ``(5)(A) Any Governor who intends to exercise the authority \nprovided in this paragraph shall, within 120 days after the date of \nenactment of this section, submit to the Administrator information \ndocumenting the quantity of out-of-State municipal waste received for \ndisposal in the State of the Governor during calendar years 1993 and \n1994.\n ``(B) On receipt of the information submitted pursuant to \nsubparagraph (A), the Administrator shall notify the Governor of each \nState and the public and shall provide a comment period of not less \nthan 30 days.\n ``(C) Not later than 60 days after receipt of information from a \nGovernor under subparagraph (A), the Administrator shall determine the \nquantity of out-of-State municipal waste that was received at each \nlandfill covered by the exceptions provided in subsection (b) for \ndisposal in the State of the Governor during calendar years 1993 and \n1994, and provide notice of the determination to the Governor of each \nState. A determination by the Administrator under this subparagraph \nshall be final and not subject to judicial review.\n ``(D) Not later than 180 days after the date of enactment of this \nsection, the Administrator shall publish a list of the quantity of out-\nof-State municipal waste that was received during calendar years 1993 \nand 1994 at each landfill covered by the exceptions provided in \nsubsection (b) for disposal in each State in which the Governor intends \nto exercise the authority provided in this paragraph, as determined in \naccordance with subparagraph (C).\n ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal \nWaste.--The authority to prohibit the disposal of out-of-State \nmunicipal waste provided under subsection (a)(1) shall not apply to--\n ``(1) landfills in operation on the date of enactment of \n this section that--\n ``(A) received during calendar year 1993 documented \n shipments of out-of-State municipal waste; and\n ``(B) are in compliance with all applicable State \n laws (including any State rule or regulation) relating \n to design and location standards, leachate collection, \n ground water monitoring, and financial assurance for \n closure and post-closure and corrective action;\n ``(2) proposed landfills that, prior to January 1, 1993, \n received--\n ``(A) an explicit authorization as part of a host \n community agreement from the affected local government \n to receive municipal waste generated out-of-State; and\n ``(B) a notice of decision from the State to grant \n a construction permit; or\n ``(3) incinerators in operation on the date of enactment of \n this section that--\n ``(A) received, during calendar year 1993, \n documented shipments of out-of-State municipal waste;\n ``(B) are in compliance with the applicable \n requirements of section 129 of the Clean Air Act (42 \n U.S.C. 7429); and\n ``(C) are in compliance with all applicable State \n laws (including any State rule or regulation) relating \n to facility design and operations.\n ``(c) Denial of Permits on Ground of Lack of Need.--\n ``(1) Denial.--A State may deny a permit for the \n construction or operation of a new landfill or incinerator or a \n major modification of an existing landfill or incinerator if--\n ``(A) the State has approved a State or local \n comprehensive solid waste management plan developed \n under Federal or State law; and\n ``(B) the denial is based on the State's \n determination, pursuant to a State law authorizing such \n denial, that there is not a local or regional need of \n the landfill or incinerator in the State.\n ``(2) Undue burden.--A denial of a permit under paragraph \n (1) shall not be considered to impose an undue burden on \n interstate commerce or to otherwise impair, restrain, or \n discriminate against interstate commerce.\n ``(d) Definitions.--As used in this section:\n ``(1) The term `affected local government' means--\n ``(A) the public body authorized by State law to \n plan for the management of municipal solid waste, a \n majority of the members of which are elected officials, \n for the area in which the landfill or incinerator is \nlocated or proposed to be located; or\n ``(B) if there is not such body created by State \n law, the elected officials of the city, town, township, \n borough, county, or parish selected by the Governor and \n exercising primary responsibility over municipal solid \n waste management or the use of land in the jurisdiction \n in which the facility is located or proposed to be \n located.\n ``(2) The term `affected local solid waste planning unit' \n means a political subdivision of a State with authority \n relating to solid waste management planning in accordance with \n State law.\n ``(3) With respect to a State, the term `out-of-State \n municipal waste' means municipal waste generated outside the \n State. To the extent that it is consistent with the United \n States-Canada Free Trade Agreement and the General Agreement on \n Tariffs and Trade, the term shall include municipal waste \n generated outside the United States.\n ``(4) The term `host community agreement' means a written, \n legally binding document or documents executed by duly \n authorized officials of the affected local government that \n specifically authorizes a landfill or incinerator to receive \n municipal solid waste generated out-of-State.\n ``(5) The term `municipal waste' means refuse (and refuse-\n derived fuel) generated by the general public or from a \n residential, commercial, institutional, or industrial source \n (or any combination thereof), consisting of paper, wood, yard \n wastes, plastics, leather, rubber, or other combustible or \n noncombustible materials such as metal or glass (or any \n combination thereof). The term `municipal waste' does not \n include--\n ``(A) any solid waste identified or listed as a \n hazardous waste under section 3001;\n ``(B) any solid waste, including contaminated soil \n and debris, resulting from a response action taken \n under section 104 or 106 of the Comprehensive \n Environmental Response, Compensation, and Liability Act \n (42 U.S.C. 9604, 9606) or a corrective action taken \n under this Act;\n ``(C) any metal, pipe, glass, plastic, paper, \n textile, or other material that has been separated or \n diverted from municipal waste and has been transported \n into the State for the purpose of recycling or \n reclamation;\n ``(D) any solid waste that is--\n ``(i) generated by an industrial facility; \n and\n ``(ii) transported for the purpose of \n treatment, storage, or disposal to a facility \n that is owned or operated by the generator of \n the waste, or is located on property owned by \n the generator or a company with which the \n generator is affiliated;\n ``(E) any solid waste generated incident to the \n provision of service in interstate, intrastate, \n foreign, or overseas air transportation;\n ``(F) any industrial waste that is not identical to \n municipal waste with respect to the physical and \n chemical state of the industrial waste, and \n composition, including construction and demolition \n debris;\n ``(G) any medical waste that is segregated from or \n not mixed with municipal waste; or\n ``(H) any material or product returned from a \n dispenser or distributor to the manufacturer for \n credit, evaluation, or possible reuse.''.\n\nSEC. 3. TABLE OF CONTENTS AMENDMENT.\n\n The table of contents of the Solid Waste Disposal Act is amended by \nadding at the end of the items relating to subtitle D the following new \nitem:\n\n``Sec. 4011. Interstate transportation of municipal waste.''.","summary":"Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government. And (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action. (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit. Or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law. And (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State.","title":"Interstate Transportation of Municipal Waste Act of 1995","text_len":13840,"sum_len":2284} {"bill_id":"108_s1890","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stock Option Accounting Reform \nAct''.\n\nSEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED \n OFFICERS.\n\n Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) \nis amended by adding at the end the following:\n ``(m) Mandatory Expensing of Stock Options.--\n ``(1) Named executive officer.--As used in this subsection, \n the term `named executive officer' means--\n ``(A) all individuals serving as the chief \n executive officer of an issuer, or acting in a similar \n capacity, during the most recent fiscal year, \n regardless of compensation level; and\n ``(B) the 4 most highly compensated executive \n officers, other than an individual identified under \n subparagraph (A), that were serving as executive \n officers of an issuer at the end of the most recent \n fiscal year.\n ``(2) In general.--Subject to paragraph (4), every issuer \n of a security registered pursuant to section 12 shall show as \n an expense in the annual report of such issuer filed under \n subsection (a)(2), the fair value of all options to purchase \n the stock of the issuer granted after December 31, 2004, to a \n named executive officer of the issuer.\n ``(3) Fair value.--\n ``(A) In general.--The fair value of an option to \n purchase the stock of the issuer that is subject to \n paragraph (2) shall be--\n ``(i) equal to the value that would be \n agreed upon by a willing buyer and seller of \n such option, who are not under any compulsion \n to buy or sell such option; and\n ``(ii) shall take into account all of the \n characteristics and restrictions imposed upon \n the option.\n ``(B) Pricing model.--To the extent that an option \n pricing model, such as the Black-Scholes method or a \n binomial model, is used to determine the fair value of \n an option, the assumed volatility of the underlying \n stock shall be zero.\n ``(4) Exemptions.--\n ``(A) Small business issuers.--This subsection \n shall not apply to an issuer, if--\n ``(i) the issuer has annual revenues of \n less than $25,000,000;\n ``(ii) the issuer is organized under the \n laws of the United States or Canada;\n ``(iii) the issuer is not an investment \n company (as such term is defined under section \n 3 of the Investment Company Act of 1940 (15 \n U.S.C. 80a-3));\n ``(iv) the aggregate value of the \n outstanding voting and non-voting common equity \n securities of the issuer held by non-affiliated \n parties is less than $25,000,000; and\n ``(v) in the case of an issuer that meets \n the criteria in clauses (i) through (iv) and is \n a majority owned subsidiary, the parent of the \n issuer meets the requirements of this \n paragraph.\n ``(B) Delayed effectiveness.--The requirements of \n this subsection shall not apply to an issuer before the \n end of the 3-year period beginning on the date of the \n completion of the initial public offering of the \n securities of the issuer, and shall only apply to an \n option to purchase the stock of an issuer granted after \n such date.''.\n\nSEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.\n\n (a) Prohibition.--Section 19(b) of the Securities Act of 1933 is \namended by adding at the end the following:\n ``(3) Prohibition on expensing standards.--\n ``(A) In general.--The Commission shall not \n recognize as ``generally accepted'' any accounting \n principle established by a standard setting body \n relating to the expensing of stock options unless--\n ``(i) it complies with the requirements of \n subparagraph (B); and\n ``(ii) the economic impact study required \n under section 3(b) of the Stock Option \n Accounting Reform Act of 2003 has been \n completed.\n ``(B) Requirements.--A standard referred to in \n subparagraph (A) shall require that--\n ``(i) if an option to purchase the stock of \n an issuer that is subject to the requirements \n of section 13(m) of the Securities Exchange Act \n of 1934 is exercised, forfeited, or expires \n unexercised, any expense that had been reported \n under that section 13(m) with respect to such \n option shall be reported in the fiscal year in \n which the option expires or is forfeited as a \n reduction of the total expense required to be \n reported under that section 13(m) during that \n fiscal year; and\n ``(ii) to the extent that any reduction \n required under clause (i) exceeds total option \n expenses for any fiscal year, such excess shall \n be reported as income with respect to options \n to purchase the stock of the issuer.''.\n (b) Economic Impact Study.--The Secretary of Commerce and the \nSecretary of Labor shall conduct and complete a joint study on the \neconomic impact of the mandatory expensing of all employee stock \noptions, including the impact upon--\n (1) the use of broad-based stock option plans in expanding \n employee corporate ownership to workers at a wide range of \n income levels, with particular focus upon non-executive \n employees;\n (2) the role of such plans in the recruitment and retention \n of skilled workers;\n (3) the role of such plans in stimulating research and \n innovation;\n (4) the effect of such plans in stimulating the economic \n growth of the United States; and\n (5) the role of such plans in strengthening the \n international competitiveness of businesses organized under the \n laws of the United States.","summary":"Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004. Exempts small business issuers from such requirement. Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited. And (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year. Requires any accounting principle recognized as generally accepted by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options.","title":"A bill to require the mandatory expensing of stock options granted to executive officers, and for other purposes.","text_len":7112,"sum_len":1026} {"bill_id":"110_hr6499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sensible Estate Tax Act of 2008''.\n\nSEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.\n\n (a) In General.--The following provisions of the Economic Growth \nand Tax Relief Reconciliation Act of 2001, and the amendments made by \nsuch provisions, are hereby repealed:\n (1) Subtitles A and E of title V.\n (2) Subsection (d), and so much of subsection (f)(3) as \n relates to subsection (d), of section 511.\n (3) Paragraph (2) of subsection (b), and paragraph (2) of \n subsection (e), of section 521.\nThe Internal Revenue Code of 1986 shall be applied as if such \nprovisions and amendments had never been enacted.\n (b) Sunset Not To Apply.--\n (1) Subsection (a) of section 901 of the Economic Growth \n and Tax Relief Reconciliation Act of 2001 is amended by \n striking ``this Act'' and all that follows and inserting ``this \n Act (other than title V) shall not apply to taxable, plan, or \n limitation years beginning after December 31, 2010.''.\n (2) Subsection (b) of such section 901 is amended by \n striking ``, estates, gifts, and transfers''.\n\nSEC. 3. UNIFIED CREDIT AGAINST THE ESTATE TAX.\n\n (a) In General.--Subsection (c) of section 2010 of the Internal \nRevenue Code of 1986 (relating to applicable credit amount) is amended \nby striking all that follows ``the applicable exclusion amount'' and \ninserting ``. For purposes of the preceding sentence, the applicable \nexclusion amount is $2,000,000.''.\n (b) Inflation Adjustment.--Subsection (c) of section 2010 of such \nCode, as amended by subsection (a), is amended--\n (1) by striking ``For purposes of this section,'' and \n inserting the following:\n ``(1) In general.--For purposes of this section,'', and\n (2) by adding at the end the following new paragraph:\n ``(2) Inflation adjustment.--In the case of any decedent \n dying in a calendar year after 2008, the $2,000,000 amount in \n paragraph (1) shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for such calendar year, \n determined by substituting `2007' for `1992' in \n subparagraph (B) thereof.\n If any increase determined under the preceding sentence is not \n a multiple of $10,000, such increase shall be rounded to the \n nearest multiple of $10,000.''.\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, and gifts made, after December 31, \n2008.\n\nSEC. 4. RATES OF TAX.\n\n (a) In General.--The table in paragraph (1) of section 2001(c) of \nthe Internal Revenue Code of 1986 (relating to rate schedule) is \namended by striking the last 3 rows and inserting the following:\n\n Over $1,500,000 but not over \n $5,000,000.\n $555,800, plus 45 percent of \n the excess of such \n amount over $1,500,000.\n Over $5,000,000 but not over \n $10,000,000.\n $2,130,800, plus 50 percent of \n the excess of such \n amount over $5,000,000.\n Over $10,000,000...............\n $4,630,800, plus 55 percent of \n the excess of such \n amount over \n $10,000,000.\n (b) Adjustment for Inflation.--Paragraph (2) of section 2001(c) of \nsuch Code is amended to read as follows:\n ``(2) Inflation adjustment.--In the case of any decedent \n dying in a calendar year after 2008--\n ``(A) each minimum and maximum dollar amount for \n each rate bracket in the table in paragraph (1) shall \n be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for such \n calendar year, determined by substituting \n `2007' for `1992' in subparagraph (B) thereof, \n and\n ``(B) each of the amounts setting forth the tax \n under such table shall be adjusted to the extent \n necessary to reflect the adjustments in the rate \n brackets made by subparagraph (A).\n If any increase determined under subparagraph (A) is \n not a multiple of $10,000, such increase shall be \n rounded to the nearest multiple of $10,000.''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to estates of decedents dying, and gifts made, after December 31, \n2008.\n\nSEC. 5. RESTORATION OF CREDIT FOR STATE DEATH TAX.\n\n (a) In General.--Section 2011 of the Internal Revenue Code of 1986 \n(relating to credit for State death taxes) is amended by striking \nsubsection (f).\n (b) Repeal of Deduction for State Death Taxes.--\n (1) In general.--Section 2058 of such Code (relating to \n State death taxes) is amended by adding at the end the \n following:\n ``(c) Termination.--This section shall not apply to the estates of \ndecedents dying after December 31, 2008.''.\n (2) Conforming amendment.--Section 2106(a)(4) of such Code \n is amended by adding at the end the following new sentence: \n ``This paragraph shall not apply to the estates of decedents \n dying after December 31, 2008.''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to estates of decedents dying, and gifts made, after December 31, \n2008.\n\nSEC. 6. RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX.\n\n (a) In General.--Paragraph (1) of section 2505(a) of the Internal \nRevenue Code of 1986 (relating to general rule for unified credit \nagainst gift tax) is amended by striking ``(determined as if the \napplicable exclusion amount were $1,000,000)''.\n (b) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, generation-skipping transfers, and \ngifts made, after December 31, 2008.\n\nSEC. 7. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED \n SPOUSE.\n\n (a) In General.--Section 2010 of the Internal Revenue Code of 1986, \nas amended by section 2, is amended--\n (1) by striking the last sentence of paragraph (1),\n (2) by striking paragraph (2), and\n (3) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) Applicable exclusion amount.--For purposes of \n paragraph (1)--\n ``(A) In general.--The applicable exclusion amount \n is the sum of--\n ``(i) the basic exclusion amount, and\n ``(ii) in the case of a surviving spouse, \n the aggregate deceased spousal unused exclusion \n amount.\n ``(B) Basic exclusion amount.--\n ``(i) In general.--For purposes of \n subparagraph (A), the basic exclusion amount is \n $2,000,000.\n ``(ii) Inflation adjustment.--In the case \n of any decedent dying in a calendar year after \n 2008, the $2,000,000 amount in clause (i) shall \n be increased by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n 1(f)(3) for such calendar year by \n substituting `calendar year 2007' for \n `calendar year 1992' in subparagraph \n (B) thereof.\n If any amount as adjusted under the preceding \n sentence is not a multiple of $100,000, such \n amount shall be rounded to the nearest multiple \n of $100,000.\n ``(C) Aggregate deceased spousal unused exclusion \n amount.--For purposes of this subsection--\n ``(i) Aggregate deceased spousal unused \n exclusion amount.--The term `aggregate deceased \n spousal unused exclusion amount' means the \n lesser of--\n ``(I) the basic exclusion amount, \n or\n ``(II) the sum of the deceased \n spousal unused exclusion amounts of the \n surviving spouse.\n ``(ii) Deceased spousal unused exclusion \n amount.--For purposes of subsection (A), the \n term `deceased spousal unused exclusion amount' \n means, with respect to the surviving spouse of \n any deceased spouse dying after December 31, \n 2008, the excess (if any) of--\n ``(I) the applicable exclusion \n amount of the deceased spouse, over\n ``(II) the amount with respect to \n which the tentative tax is determined \n under section 2001(b)(1) on the estate \n of such deceased spouse.\n ``(iii) Special rules.--\n ``(I) Election required.--A \n deceased spousal unused exclusion \n amount may not be taken into account by \n a surviving spouse under this paragraph \n unless the executor of the estate of \n the deceased spouse files an estate tax \n return on which such amount is computed \n and makes an election on such return \n that such amount may be so taken into \n account. Such election, once made, \n shall be irrevocable. No election may \n be made under this clause if such \n return is filed after the time \n prescribed by law (including \n extensions) for filing such return.\n ``(II) Examination of prior returns \n after expiration of period of \n limitations with respect to deceased \n spousal unused exclusion amount.--\n Notwithstanding any period of \n limitation in section 6501, after the \n time has expired under section 6501 \n within which a tax may be assessed \n under chapter 11 or 12 with respect to \n a deceased spousal unused exclusion \n amount, the Secretary may examine a \n return of the deceased spouse to make \n determinations with respect to such \n amount for purposes of carrying out \n this subsection.\n ``(D) Regulations.--The Secretary shall prescribe \n such regulations as may be necessary or appropriate to \n carry out this subsection.''.\n (b) Conforming Amendments.--\n (1) Paragraph (1) of section 2505(a) of such Code, as \n amended by section 5, is amended to read as follows:\n ``(1) the applicable credit amount under section 2010(c) \n which would apply if the donor died as of the end of the \n calendar year, reduced by''.\n (2) Section 2631(c) of such Code is amended by striking \n ``the applicable exclusion amount'' and inserting ``the basic \n exclusion amount''.\n (3) Section 6018(a)(1) of such Code is amended by striking \n ``applicable exclusion amount'' and inserting ``basic exclusion \n amount''.\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying, generation-skipping transfers, and \ngifts made, after December 31, 2008.","summary":"Sensible Estate Tax Act of 2008 - Repeals provisions of the Economic Growth and Tax Reconciliation Act of 2001 relating to the estate and gift tax. Amends the Internal Revenue Code to: (1) allow an estate tax exclusion of $2 million adjusted for inflation in calendar years after 2008, (2) revise the estate tax rates for larger estates. (3) restore the estate tax credit for state estate, inheritance, legacy, or succession taxes, (4) restore the unified credit against the gift tax. And (5) allow a surviving spouse an increase in the unified estate tax credit by the amount of any unused credit of a deceased spouse.","title":"To amend the Internal Revenue Code of 1986 to reform the estate and gift tax.","text_len":13345,"sum_len":619} {"bill_id":"115_s878","text":"SECTION 1. PRIVACY OF CUSTOMERS OF BROADBAND INTERNET ACCESS SERVICE \n AND OTHER TELECOMMUNICATIONS SERVICES.\n\n (a) In General.--Section 222 of the Communications Act of 1934 (47 \nU.S.C. 222) is amended--\n (1) by redesignating subsection (h) as subsection (i); and\n (2) by inserting after subsection (g) the following:\n ``(h) Privacy of Customers of Broadband Internet Access Service and \nOther Telecommunications Services.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `broadband Internet access service' \n has the meaning given the term in section 8.2 of title \n 47, Code of Federal Regulations, or any successor \n regulation;\n ``(B) the term `customer' means--\n ``(i) a current or former subscriber to a \n telecommunications service; or\n ``(ii) an applicant for a \n telecommunications service;\n ``(C) the term `customer proprietary information' \n means, with respect to information or content that a \n telecommunications carrier acquires in connection with \n its provision of telecommunications service--\n ``(i) individually identifiable customer \n proprietary network information;\n ``(ii) personally identifiable information; \n and\n ``(iii) content of communications;\n ``(D) the term `opt-in approval' means a method for \n a telecommunications carrier to obtain customer consent \n to use, disclose, or permit access to the customer's \n customer proprietary information that requires that the \n telecommunications carrier obtain from the customer \n affirmative, express consent allowing the requested \n usage, disclosure, or access to the customer \n proprietary information after the customer is provided \n appropriate notification of the carrier's request;\n ``(E) the term `sensitive customer proprietary \n information' includes--\n ``(i) financial information;\n ``(ii) health information;\n ``(iii) information pertaining to children;\n ``(iv) Social Security numbers;\n ``(v) precise geolocation information;\n ``(vi) content of communications;\n ``(vii) call detail information;\n ``(viii) web browsing history, application \n usage history, and the functional equivalents \n of either; and\n ``(ix) any other customary proprietary \n information that the Commission determines to \n be sensitive; and\n ``(F) the term `telecommunications service' \n includes broadband Internet access service and \n interconnected VoIP service.\n ``(2) Regulations.--In carrying out this section, the \n Commission shall promulgate regulations to protect the privacy \n of customers of telecommunications service.\n ``(3) Contents.--In promulgating regulations under \n paragraph (2), the Commission shall--\n ``(A) require a telecommunications carrier to \n notify a customer about the collection, use, and \n sharing of his or her customer proprietary information, \n including by--\n ``(i) notifying the customer about the \n types of customer proprietary information the \n carrier collects;\n ``(ii) specifying how and for what purposes \n the carrier uses and shares customer \n proprietary information; and\n ``(iii) identifying the types of entities \n with which the carrier shares customer \n proprietary information;\n ``(B) require a telecommunications carrier to--\n ``(i) provide the notification under \n subparagraph (A) to a customer at the point of \n sale, before the purchase of service; and\n ``(ii) update a customer when the carrier \n makes a material change to a privacy policy, \n including any of the policies described in \n subparagraph (A);\n ``(C) require a telecommunications carrier to \n obtain opt-in approval from a customer to use and share \n his or her sensitive customer proprietary information;\n ``(D) implement strong protection for de-identified \n customary proprietary information, to prevent re-\n identifying such information;\n ``(E) prohibit a telecommunications carrier from \n refusing to serve a customer who doesn't consent to the \n use and sharing of his or her customer proprietary \n information for commercial purposes (commonly known as \n `take-it-or-leave-it offers'); and\n ``(F) require a telecommunications carrier to--\n ``(i) develop reasonable data security \n practices; and\n ``(ii) notify customers if a breach of \n security has occurred.''.\n (b) Deadline.--The Federal Communications Commission--\n (1) not later than 180 days after the date of enactment of \n this Act, shall promulgate regulations under section 222(h)(2) \n of the Communications Act of 1934 (47 U.S.C. 222(h)(2)), as \n added by subsection (a); and\n (2) shall ensure that the regulations promulgated under \n paragraph (1) take effect not later than 180 days after the \n date of promulgation.","summary":"This bill amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to promulgate customer privacy regulations that require telecommunications services, broadband Internet access services, and interconnected VoIP services to: notify a customer about the collection, use, and sharing of customer proprietary information that is individually identifiable customer proprietary network information, personally identifiable information, or the content of communications. Obtain opt-in approval from a customer to use and share sensitive customer proprietary information about financial or health information, children, Social Security numbers, precise geolocation, content of communications, call detail information, web browsing or application usage history, or other customary proprietary information that the FCC determines to be sensitive. Not refuse to serve a customer who does not consent to the use and sharing of customer proprietary information for commercial purposes under a take-it-or-leave-it offer, develop data security practices. And notify customers of security breaches. The FCC must also implement strong protection for de-identified customary proprietary information to prevent re-identifying such information.","title":"A bill to establish privacy protections for customers of broadband Internet access service and other telecommunications services.","text_len":6432,"sum_len":1260} {"bill_id":"106_s539","text":"SECTION 1. INCREASE IN MAXIMUM TAXABLE INCOME FOR 15 PERCENT RATE \n BRACKET.\n\n (a) In General.--Section 1(f) of the Internal Revenue Code of 1986 \n(relating to adjustments in tax tables so that inflation will not \nresult in tax increases) is amended--\n (1) in paragraph (2)--\n (A) by redesignating subparagraphs (B) and (C) as \n subparagraphs (C) and (D),\n (B) by inserting after subparagraph (A) the \n following:\n ``(B) for taxable years beginning in any calendar \n year after 1999 and before 2010--\n ``(i) in the case of the table contained in \n subsection (c), by increasing the maximum \n dollar amount for the 15 percent rate bracket \n and the minimum dollar amount for the 28 \n percent rate bracket otherwise determined under \n subparagraph (A) by the applicable dollar \n amount for such calendar year, and\n ``(ii) in the case of the tables contained \n in subsections (a), (b), and (d), by increasing \n the maximum and minimum dollar amounts for the \n 15 and 28 percent rate brackets, respectively, \n by an amount which maintains the same \n proportionate differential in such dollar \n amounts among the tables in subsections (a), \n (b), (c), and (d) as existed in calendar year \n 1999,'', and\n (C) by striking ``subparagraph (A)'' in \n subparagraph (C) (as so redesignated) and inserting \n ``subparagraphs (A) and (B)'', and\n (2) by adding at the end the following:\n ``(8) Applicable dollar amount.--\n ``(A) In general.--For purposes of paragraph \n (2)(B), the applicable dollar amount for any calendar \n year is equal to the applicable percentage of the \n excess of--\n ``(i) the contribution and benefit base (as \n determined under section 230 of the Social \n Security Act) for the calendar year, over\n ``(ii) the maximum dollar amount for the 15 \n percent rate bracket for the table contained in \n subsection (c) for the calendar year otherwise \n determined under paragraph (2)(A).\n ``(B) Applicable percentage.--For purposes of \n subparagraph (A), the applicable percentage for any \n calendar year shall be determined as follows:\n\n Applicable\n``Calendar year: Percentage:\n 2000.......................................... 10 \n 2001.......................................... 20 \n 2002.......................................... 30 \n 2003.......................................... 40 \n 2004.......................................... 50 \n 2005.......................................... 60 \n 2006.......................................... 70 \n 2007.......................................... 80 \n 2008.......................................... 90 \n 2009.......................................... 100.''\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 2. USE OF NATIONAL AVERAGE WAGE INDEX FOR COST-OF-LIVING \n ADJUSTMENTS.\n\n (a) In General.--Section 1(f) of the Internal Revenue Code of 1986 \n(relating to adjustments in tax tables so that inflation will not \nresult in tax increases) is amended by striking paragraphs (3), (4), \nand (5) and inserting the following:\n ``(3) Cost-of-living adjustment.--For purposes of paragraph \n (2), the cost-of-living adjustment for any calendar year is the \n percentage (if any) by which--\n ``(A) the national average wage index for the \n preceding calendar year, exceeds\n ``(B) such index for calendar year 1998.\n ``(4) National average wage index for any calendar year.--\n For purposes of paragraph (3), the national average wage index \n for any calendar year is the average of such index as of \nthe close of the 12-month period ending on August 31 of such calendar \nyear.\n ``(5) National average wage index.--For purposes of this \n subsection, the term `national average wage index' has the \n meaning given such term by section 209(k)(1) of the Social \n Security Act, as in effect on the date of the enactment of this \n paragraph.''\n (b) Conforming Amendments to Tax Tables To Restart Inflation \nAdjustment.--Section 1 of the Internal Revenue Code of 1986 (relating \nto tax imposed) is amended by striking subsections (a) through (e) and \ninserting the following:\n ``(a) Married Individuals Filing Joint Returns and Surviving \nSpouses.--There is hereby imposed on the taxable income of--\n ``(1) every married individual (as defined in section 7703) \n who makes a single return jointly with his spouse under section \n 6013, and\n ``(2) every surviving spouse (as defined in section 2(a)),\na tax determined in accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $43,050...............\n 15% of taxable income.\n Over $43,050 but not over \n $104,050.\n $6,457.50, plus 28% of the \n excess over $43,050.\n Over $104,050 but not over \n $158,550.\n $23,537.50, plus 31% of the \n excess over $104,050.\n Over $158,550 but not over \n $283,150.\n $40,432.50, plus 36% of the \n excess over $158,550.\n Over $283,150..................\n $85,288.50 plus 39.6% of the \n excess over $283,150.\n ``(b) Heads of Households.--There is hereby imposed on the taxable \nincome of every head of a household (as defined in section 2(b)) a tax \ndetermined in accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $34,550...............\n 15% of taxable income.\n Over $34,550 but not over \n $89,150.\n $5,182.50, plus 28% of the \n excess over $34,550.\n Over $89,150 but not over \n $144,400.\n $20,470.50, plus 31% of the \n excess over $89,150.\n Over $144,400 but not over \n $283,150.\n $37,598, plus 36% of the excess \n over $144,400.\n Over $283,150..................\n $87,548 plus 39.6% of the \n excess over $283,150.\n ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads \nof Households).--There is hereby imposed on the taxable income of every \nindividual (other than a married individual (as defined in section \n7703) filing a joint return or a separate return, a surviving spouse as \ndefined in section 2(a), or a head of household as defined in section \n2(b)) a tax determined in accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $25,750...............\n 15% of taxable income.\n Over $25,750 but not over \n $62,450.\n $3,862.50, plus 28% of the \n excess over $25,450.\n Over $62,450 but not over \n $130,250.\n $14,138.50, plus 31% of the \n excess over $62,450.\n Over $130,250 but not over \n $283,150.\n $35,156.50, plus 36% of the \n excess over $130,250.\n Over $283,150..................\n $90,200.50 plus 39.6% of the \n excess over $283,150.\n ``(d) Married Individuals Filing Separate Returns.--There is hereby \nimposed on the taxable income of every married individual (as defined \nin section 7703) who does not make a single return jointly with his \nspouse under section 6013, a tax determined in accordance with the \nfollowing table:\n\n``If taxable income is: The tax is:\n Not over $21,175...............\n 15% of taxable income.\n Over $21,175 but not over \n $52,025.\n $3,228.75, plus 28% of the \n excess over $21,175.\n Over $52,025 but not over \n $79,275.\n $11,768.75, plus 31% of the \n excess over $52,025.\n Over $79,275 but not over \n $141,575.\n $20,216.20, plus 36% of the \n excess over $79,275.\n Over $141,575..................\n $42,644.25 plus 39.6% of the \n excess over $141,575.\n ``(e) Estates and Trusts.--There is hereby imposed on the taxable \nincome of--\n ``(1) every estate, and\n ``(2) every trust,\ntaxable under this subsection a tax determined in accordance with the \nfollowing table:\n\n``If taxable income is: The tax is:\n Not over $1,750................\n 15% of taxable income.\n Over $1,750 but not over $4,050\n $262.50, plus 28% of the excess \n over $1,750.\n Over $4,050 but not over $6,200\n $906.50, plus 31% of the excess \n over $4,050.\n Over $6,200 but not over $8,450\n $1,573, plus 36% of the excess \n over $6,200.\n Over $8,450....................\n $2,383, plus 39.6% of the \n excess over $8,450.''\n (c) Inflation Adjustment To Apply in Determining Rates for 2000.--\nSection 1(f) of the Internal Revenue Code of 1986 is amended--\n (1) by striking ``1993'' in paragraph (1) and inserting \n ``1999'',\n (2) by striking ``1992'' in paragraph (3)(B) and inserting \n ``1998'', and\n (3) by striking paragraph (7).\n (d) Conforming Amendments.--\n (1) The following provisions of the Internal Revenue Code \n of 1986 are each amended by striking ``1992'' and inserting \n ``1998'' each place it appears:\n (A) Section 25A(h).\n (B) Section 32(j)(1)(B).\n (C) Section 41(e)(5)(C).\n (D) Section 59(j)(2)(B).\n (E) Section 63(c)(4)(B).\n (F) Section 68(b)(2)(B).\n (G) Section 135(b)(2)(B)(ii).\n (H) Section 151(d)(4).\n (I) Section 220(g)(2).\n (J) Section 221(g)(1)(B).\n (K) Section 512(d)(2)(B).\n (L) Section 513(h)(2)(C)(ii).\n (M) Section 685(c)(3)(B).\n (N) Section 877(a)(2).\n (O) Section 911(b)(2)(D)(ii)(II).\n (P) Section 2032A(a)(3)(B).\n (Q) Section 2503(b)(2)(B).\n (R) Section 2631(c)(1)(B).\n (S) Section 4001(e)(1)(B).\n (T) Section 4261(e)(4)(A)(ii).\n (U) Section 6039F(d).\n (V) Section 6323(i)(4)(B).\n (W) Section 6601(j)(3)(B).\n (X) Section 7430(c)(1).\n (2) Subclause (II) of section 42(h)(6)(G)(i) of such Code \n is amended by striking ``1987'' and inserting ``1998''.\n (3) Clause (ii) of section 132(f)(6)(A) of such Code, as \n amended by section 9010(b)(1) of the Transportation Equity Act \n for the 21st Century, is amended by striking ``, by \n substituting `calendar year 1998' for `calendar year 1992'.'' \n and by inserting a period.\n (4) Subparagraph (A) of section 132(f)(6) of such Code, as \n amended by section 9010(c)(2) of the Transportation Equity Act \n for the 21st Century, is amended by striking clause (ii) and \n all that follows through ``paragraph (2)(A).'' and inserting:\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins. \n In the case of any taxable year beginning in a \n calendar year after 2002, section 1(f)(3) shall \n be applied by substituting `calendar year 2001' \n for `calendar year 1998' for purposes of \n adjusting the dollar amount contained in \n paragraph (2)(A).''.\n (5) Subparagraph (B) of section 6334(g)(1) of such Code is \n amended by striking ``, by substituting `calendar year 1998' \n for `calendar year 1992' in subparagraph (B) thereof''.\n (e) Additional Conforming Amendments.--\n (1) Section 42(h)(6)(G)(ii) of the Internal Revenue Code of \n 1986 is amended--\n (A) by striking ``the CPI'' the first and third \n places it appears and inserting ``the national average \n wage index'',\n (B) by striking ``the CPI'' the second place it \n appears and inserting ``such index'', and\n (C) by striking ``section 1(f)(4)'' and inserting \n ``section 1(f)(5)''.\n (2) Section 162(p)(2) of such Code is amended by striking \n ``(as defined in section 1(f)(5))''.\n (3) Section 213(d)(10)(B)(ii)(I) of such Code is amended by \n striking ``(as defined in section 1(f)(5))''.\n (4) The last sentence of section 936(j)(4)(C) of such Code \n is amended by inserting ``, as in effect for taxable years \n beginning before January 1, 1999'' before the period.\n (f) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 1998.\n (2) Conforming amendment.--The amendment made by subsection \n (d)(4) shall apply to taxable years beginning after December \n 31, 2001.\n\nSEC. 3. INFLATION ADJUSTMENT FOR INDIVIDUAL ALTERNATIVE MINIMUM TAX \n EXEMPTION AMOUNTS.\n\n (a) In General.--Section 55(d) of the Internal Revenue Code of 1986 \n(relating to exemption amount) is amended by adding at the end the \nfollowing:\n ``(4) Inflation adjustment.--\n ``(A) In general.--In the case of any taxable year \n beginning after 1999, each of the dollar amounts \n contained in paragraph (1) and paragraph (3) (other \n than subparagraph (A)(ii) thereof) shall be increased \n by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for such \n calendar year.\n ``(B) Rounding.--If any increase determined under \n subparagraph (A) is not a multiple of $50, such \n increase shall be rounded to the nearest multiple of \n $50.''\n (b) Conforming Amendment.--Section 55(d)(3)(A) of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(A) $150,000 in the case of a taxpayer described \n in--\n ``(i) paragraph (1)(A), or\n ``(ii) paragraph (2),''.\n (c) Effective Dates.--\n (1) In general.--The amendment made by subsection (a) shall \n apply to taxable years beginning after December 31, 1999.\n (2) Conforming amendment.--The amendment made by subsection \n (b) shall apply to taxable years beginning after December 31, \n 1998.","summary":"Amends the Internal Revenue Code to: (1) increase the maximum taxable income for the 15 percent rate bracket. (2) replace the Consumer Price Index with the national average wage index for purposes of cost-of-living adjustments. And (3) adjust for inflation the exemption amounts used in calculating the alternative minimum tax.","title":"A bill to amend the Internal Revenue Code of 1986 to increase the maximum taxable income for the 15 percent rate bracket, to replace the Consumer Price Index with the national average wage index for purposes of cost-of-living adjustments, to lessen the impact of the noncorporate alternative minimum tax, and for other purposes.","text_len":17643,"sum_len":327} {"bill_id":"103_hr222","text":"That this Act may be \ncited as the ``Line-Item Rescission Act of 1993''.\n\nSEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.\n\n (a) In General.--Part B of title X of the Congressional Budget and \nImpoundment Control Act of 1974 is amended by redesignating sections \n1013 through 1017 as sections 1014 through 1018, respectively, and \ninserting after section 1012 the following new section:\n\n ``expedited consideration of certain proposed rescissions\n\n ``Sec. 1013. (a) Transmittal of Special Message.--The President \nmay, on the same calendar day the President approves any appropriation \nbill, transmit to both Houses of the Congress, for consideration in \naccordance with this section, one or more special messages proposing to \nrescind all or part of any item of budget authority provided in the \nappropriation bill.\n ``(b) Contents of Special Message.--\n ``(1) No special message may be considered in accordance \n with this section if the special message proposes to rescind \n more than one item of budget authority.\n ``(2) Each special message transmitted under subsection (a) \n shall specify, with respect to the item of budget authority (or \n part thereof) proposed by the message to be rescinded, the \n matters referred to in paragraphs (1) through (5) of section \n 1012(a).\n ``(3) Each special message transmitted under subsection (a) \n shall be accompanied by a draft bill or joint resolution that \n would, if enacted, rescind the budget authority proposed to be \n rescinded.\n ``(c) Procedures.--\n ``(1)(A) On the day on which a special message proposing to \n rescind an item of budget authority is transmitted to the House \n of Representatives and the Senate under subsection (a), the \n draft bill or joint resolution accompanying such special \n message shall be introduced (by request) by the majority leader \n of the House of the Congress in which the appropriation Act \n providing the budget authority originated. If such House is not \n in session on the day on which a special message is \n transmitted, the draft bill or joint resolution shall be \n introduced in such House, as provided in the preceding \n sentence, on the first day thereafter on which such House is in \n session.\n ``(B) A draft bill or joint resolution introduced in the \n House of Representatives or the Senate pursuant to subparagraph \n (A) shall be referred to the Committee on Appropriations of \n such House. The committee shall report the bill or joint \n resolution without substantive revision (and with or without \n recommendation) not later than 20 calendar days of continuous \n session of the Congress after the date on which the bill or \n joint resolution is introduced. A committee failing to report a \n bill or joint resolution within the 20-day period referred to \n in the preceding sentence shall be automatically discharged \n from consideration of the bill or joint resolution, and the \n bill or joint resolution shall be placed on the appropriate \n calendar.\n ``(C) A vote on final passage of a bill or joint resolution \n introduced in a House of the Congress pursuant to subparagraph \n (A) shall be taken on or before the close of the 30th calendar \n day of continuous session of the Congress after the date of the \n introduction of the bill or joint resolution in such House. If \n the bill or joint resolution is agreed to, the Clerk of the \n House of Representatives (in the case of a bill or joint \n resolution agreed to in the House of Representatives) or the \n Secretary of the Senate (in the case of a bill or joint \n resolution agreed to in the Senate) shall cause the bill or \n joint resolution to be engrossed, certified, and transmitted to \n the other House of the Congress on the same calendar day on \n which the bill or joint resolution is agreed to.\n ``(2)(A) A bill or joint resolution transmitted to the \n House of Representatives or the Senate pursuant to subparagraph \n (C) of paragraph (1) shall be referred to the Committee on \n Appropriations of such House. The committee shall report the \n bill or joint resolution without substantive revision (and with \n or without recommendation) not later than 20 calendar days of \n continuous session of the Congress after the bill or joint \n resolution is transmitted to such House. A committee failing to \n report the bill or joint resolution within the 20-day period \n referred to in the preceding sentence shall be automatically \n discharged from consideration of the bill or joint resolution, \n and the bill or joint resolution shall be placed upon the \n appropriate calendar.\n ``(B) A vote on final passage of a bill or joint resolution \n transmitted to a House of the Congress pursuant to subparagraph \n (C) of paragraph (1) shall be taken on or before the close of \n the 30th calendar day of continuous session of the Congress \n after the date on which the bill or joint resolution is \n transmitted to such House. If the bill or joint resolution is \n agreed to in such House, the Clerk of the House of \n Representatives (in the case of a bill or joint resolution \n agreed to in the House of Representatives) or the Secretary of \n the Senate (in the case of a bill or joint resolution agreed to \n in the Senate) shall cause the engrossed bill or joint \n resolution to be returned to the House in which the bill or \n joint resolution originated, together with a statement of the \n action taken by the House acting under this paragraph.\n ``(3)(A) A motion in the House of Representatives to \n proceed to the consideration of a bill or joint resolution \n under this section shall be highly privileged and not \n debatable. An amendment to the motion shall not be in order, \n nor shall it be in order to move to reconsider the vote by \n which the motion is agreed to or disagreed to.\n ``(B) Debate in the House of Representatives on a bill or \n joint resolution under this section shall be limited to not \n more than 10 hours, which shall be divided equally between \n those favoring and those opposing the bill or joint resolution. \n A motion further to limit debate shall not be debatable. It \n shall not be in order to move to recommit a bill or joint \n resolution under this section or to move to reconsider the vote \n by which the bill or joint resolution is agreed to or disagreed \n to.\n ``(C) Motions to postpone, made in the House of \n Representatives with respect to the consideration of a bill or \n joint resolution under this section, and motions to proceed to \n the consideration of other business, shall be decided without \n debate.\n ``(D) All appeals from the decisions of the Chair relating \n to the application of the Rules of the House of Representatives \n to the procedure relating to a bill or joint resolution under \n this section shall be decided without debate.\n ``(E) Except to the extent specifically provided in the \n preceding provisions of this subsection, consideration of a \n bill or joint resolution under this section shall be governed \n by the Rules of the House of Representatives applicable to \n other bills and joint resolutions in similar circumstances.\n ``(4)(A) A motion in the Senate to proceed to the \n consideration of a bill or joint resolution under this section \n shall be privileged and not debatable. An amendment to the \n motion shall not be in order, nor shall it be in order to move \n to reconsider the vote by which the motion is agreed to or \n disagreed to.\n ``(B) Debate in the Senate on a bill or joint resolution \n under this section, and all debatable motions and appeals in \n connection therewith, shall be limited to not more than 10 \n hours. The time shall be equally divided between, and \n controlled by, the majority leader and the minority leader or \n their designees.\n ``(C) Debate in the Senate on any debatable motion or \n appeal in connection with a bill or joint resolution under this \n section shall be limited to not more than 1 hour, to be equally \n divided between, and controlled by, the mover and the manager \n of the bill or joint resolution, except that in the event the \n manager of the bill or joint resolution is in favor of any such \n motion or appeal, the time in opposition thereto, shall be \n controlled by the minority leader or his designee. Such \n leaders, or either of them, may, from time under their control \n on the passage of a bill or joint resolution, allot additional \n time to any Senator during the consideration of any debatable \n motion or appeal.\n ``(D) A motion in the Senate to further limit debate on a \n bill or joint resolution under this section is not debatable. A \n motion to recommit a bill or joint resolution under this \n section is not in order.\n ``(d) Amendments Prohibited.--No amendment to a bill or joint \nresolution considered under this section shall be in order in either \nthe House of Representatives or the Senate. No motion to suspend the \napplication of this subsection shall be in order in either House, nor \nshall it be in order in either House for the Presiding Officer to \nentertain a request to suspend the application of this subsection by \nunanimous consent.\n ``(e) Requirement to Make Available for Obligation.--Any item of \nbudget authority proposed to be rescinded in a special message \ntransmitted to the Congress in accordance with subsection (a) shall be \nmade available for obligation unless, not more than 60 days after the \ntransmittal of the special message, both Houses of the Congress have \nagreed to the bill or joint resolution accompanying such special \nmessage.\n ``(f) Definitions.--For purposes of this section, the term--\n ``(1) `item' means any numerically expressed amount of \n budget authority set forth in an appropriation bill;\n ``(2) `appropriation bill' means any general or special \n appropriation bill, and any bill or joint resolution making \n supplemental, deficiency, or continuing appropriations; and\n ``(3) `appropriation Act' means any appropriation bill that \n has been approved by the President and become law.''.\n (b) Conforming Amendments.--\n (1) Section 1011(5) of the Congressional Budget and \n Impoundment Control Act of 1974 is amended--\n (A) by striking out ``1012, and'' and inserting in \n lieu thereof ``1012, the 20-day periods referred to in \n paragraphs (1)(B) and (2)(A) of section 1013(c), the \n 60-day period referred to in section 1013(e) and'';\n (B) by striking out ``1012 during'' and inserting \n in lieu thereof ``1012 or 1013 during'';\n (C) by striking out ``of 45'' and inserting in lieu \n thereof ``of the applicable number of''; and\n (D) by striking out ``45-day period referred to in \n paragraph (3) of this section and in section 1012'' and \n inserting in lieu thereof ``period or periods of time \n applicable under such section''.\n (2)(A) Section 1011 of such Act is further amended--\n (i) in paragraph (4) by striking out ``1013'' and \n inserting in lieu thereof ``1014''; and\n (ii) in paragraph (5)--\n (I) by striking out ``1016'' and inserting \n in lieu thereof ``1017''; and\n (II) by striking out ``1017(b)(1)'' and \n inserting in lieu thereof ``1018(b)(1)''.\n (B) Section 1012 of such Act is amended--\n (i) by striking out ``1012 or 1013'' each place it \n appears and inserting in lieu thereof ``1012, 1013, or \n 1014'';\n (ii) in subsection (b)(1) by striking out ``1012'' \n and inserting in lieu thereof ``1012 or 1013'';\n (iii) in subsection (b)(2) by striking out ``1013'' \n and inserting in lieu thereof ``1014''; and\n (iv) in subsection (e)(2)--\n (I) by striking out ``and'' at the end of \n subparagraph (A),\n (II) by redesignating subparagraph (B) as \n subparagraph (C),\n (III) by striking out ``1013'' in \n subparagraph (C) (as so redesignated), and\n (IV) by inserting after subparagraph (A) \n the following new subparagraph:\n ``(B) he has transmitted a special message under \n section 1013 with respect to a proposed rescission; \n and''.\n (C) Section 1015 of such Act is amended by striking out \n ``1012 or 1013'' each place it appears and inserting in lieu \n thereof ``1012, 1013, or 1014''.\n (D) Section 1016 of such Act is amended by striking out \n ``or 1013(b)'' and inserting in lieu thereof ``, 1013(e), or \n 1014(b)''.\n (E) Section 1012(b) of such Act is amended by adding at the \n end thereof the following new sentence: ``The preceding \n sentence shall not apply to any item of budget authority \n proposed by the President to be rescinded under this section \n that the President has also proposed to rescind under section \n 1013 and with respect to which the 60-day period referred to in \n subsection (e) of such section has not expired.''.\n (3) The table of sections for subpart B of title X of the \n Congressional Budget and Impoundment Control Act of 1974 is \n amended--\n (A) by redesignating the items relating to sections \n 1013 through 1017 as items relating to sections 1014 \n through 1018; and\n (B) by inserting after the item relating to section \n 1012 the following new item:\n\n``Sec. 1013. Expedited consideration of certain proposed \n rescissions.''.\n\nSEC. 3. APPLICATION.\n\n The amendments made by this section shall apply to items of budget \nauthority (as defined in subsection (f)(1) of section 1013 of the \nCongressional Budget and Impoundment Control Act of 1974, as added by \nsection 2 of this Act) provided by appropriation Acts (as defined in \nsubsection (f)(3) of such section) that become law after the date of \nthe enactment of this Act.","summary":"Line-Item Rescission Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted on the same calendar day the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Requires the item of budget authority proposed to be rescinded to be made available for obligation unless both Houses adopt the bill rescinding such item within 60 days.","title":"Line-Item Rescission Act of 1993","text_len":15453,"sum_len":843} {"bill_id":"106_hr4951","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Medicare \nBeneficiaries' Choice Stabilization Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Establishment of payment floor for Medicare+Choice payment \n rates after applying risk-adjustment \n methodology.\nSec. 3. Change in application of budget neutrality adjustment for 2001 \n and 2002.\nSec. 4. Increase in national per capita Medicare+Choice growth \n percentage in 2001 and 2002.\nSec. 5. Increasing minimum payment amount.\nSec. 6. Allowing movement to 50:50 percent blend in 2002.\nSec. 7. Increased update for payment areas with only one or no \n Medicare+Choice contracts.\nSec. 8. Permitting higher negotiated rates in certain Medicare+Choice \n payment areas below national average.\nSec. 9. 10-year phase in of risk adjustment based on data from all \n settings.\nSec. 10. Delay from July to November, 2000 in deadline for offering and \n withdrawing Medicare+Choice plans for 2001.\nSec. 11. Miscellaneous regulatory changes.\n\nSEC. 2. ESTABLISHMENT OF PAYMENT FLOOR FOR MEDICARE+CHOICE PAYMENT \n RATES AFTER APPLYING RISK-ADJUSTMENT METHODOLOGY.\n\n (a) In General.--Section 1853(c)(1) of the Social Security Act (42 \nU.S.C. 1395w-23(c)(1)) is amended--\n (1) in the matter preceding subparagraph (A), by striking \n `or (C)' and inserting `(C), or (D)'; and\n (2) by adding at the end the following new subparagraph:\n ``(D) Demographically adjusted fee-for-service per \n capita expenditures.--\n ``(i) In general.--For 2001 and each \n subsequent year, 90 percent of the adjusted \n average per capita cost for the year for the \n Medicare+Choice payment area determined by the \n Secretary based upon the rule specified under \n paragraph (4) of section 1876(a) and calculated \n without regard to the adjustment under \n paragraph (1)(C) of such section.\n ``(ii) Special rule for risk adjustment.--\n For purposes of applying risk adjustment to the \n payment amount determined under this \n subparagraph for a demographic class, the risk \n adjustment for such demographic class shall be \n determined under the methodology applied by the \n Secretary under section 1876(a)(4) without \n regard to subsection (a)(3) of this section.''.\n (b) Continuation of Computation of AAPCC Data.--Section 1853(b) of \nsuch Act (42 U.S.C. 1395w-23(b)) is amended by adding at the end the \nfollowing new paragraph:\n ``(4) Continued computation and publication of county-\n specific per capita fee-for-service expenditure information.--\n Using the most recent data available, the Secretary shall \n provide for the computation and publication, on an annual basis \n at the time of publication of the annual Medicare+Choice \n capitation rates, of information on the level of the average \n annual per capita costs (described in section 1876(a)(4)) for \n each Medicare+Choice payment area.''.\n\nSEC. 3. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FOR 2001 AND 2002.\n\n Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c)) \nis amended--\n (1) in paragraph (1)(A) in the matter following clause \n (ii), by inserting ``for a year (other than 2001 or 2002)'' \n after ``multiplied''; and\n (2) in paragraph (5), by inserting ``(other than 2001 or \n 2002)'' after ``for each year''.\n\nSEC. 4. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH \n PERCENTAGE IN 2001 AND 2002.\n\n Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-\n23(c)(6)(B)) is amended--\n (1) in clause (iv), by striking ``for 2001, 0.5 percentage \n points'' and inserting ``for 2001, 0 percentage points''; and\n (2) in clause (v), by striking ``for 2002, 0.3 percentage \n points'' and inserting ``for 2002, 0 percentage points''.\n\nSEC. 5. INCREASING MINIMUM PAYMENT AMOUNT.\n\n (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security \nAct (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended--\n (1) by striking ``(ii) For a succeeding year'' and \n inserting ``(ii)(I) Subject to subclause (II), for a succeeding \n year''; and\n (2) by adding at the end the following new subclause:\n ``(II) For 2001 for any of the 50 States \n and the District of Columbia, $450.''.\n (b) Effective Date.--The amendments made by subsection (a) apply to \nyears beginning with 2001.\n\nSEC. 6. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.\n\n Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-\n23(c)(2)) is amended--\n (1) by striking the period at the end of subparagraph (F) \n and inserting a semicolon; and\n (2) by adding after and below subparagraph (F) the \n following:\n ``except that a Medicare+Choice organization may elect to apply \n subparagraph (F) (rather than subparagraph (E)) for 2001 and \n for 2002.''.\n\nSEC. 7. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO \n MEDICARE+CHOICE CONTRACTS.\n\n (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security \nAct (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended--\n (1) by striking ``(ii) For a subsequent year'' and \n inserting ``(ii)(I) Subject to subclause (II), for a subsequent \n year''; and\n (2) by adding at the end the following new subclause:\n ``(II) During 2001, 2002, 2003, 2004, and \n 2005, in the case of a Medicare+Choice payment \n area in which there is no more than one \n contract entered into under this part as of \n July 1 before the beginning of the year, 102.5 \n percent of the annual Medicare+Choice \n capitation rate under this paragraph for the \n area for the previous year.''.\n (b) Construction.--The amendments made by subsection (a) do not \naffect the payment of a first time bonus under section 1853(i) of the \nSocial Security Act (42 U.S.C. 1395w-23(i)).\n\nSEC. 8. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE \n PAYMENT AREAS BELOW NATIONAL AVERAGE.\n\n Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-\n23(c)(1)) is amended--\n (1) in the matter before subparagraph (A), by striking ``or \n (C)'' and inserting ``(C), or (D)''; and\n (2) by adding at the end the following new subparagraph:\n ``(D) Permitting higher rates through \n negotiation.--\n ``(i) In general.--For each year beginning \n with 2004, in the case of a Medicare+Choice \n payment area for which the Medicare+Choice \n capitation rate under this paragraph would \n otherwise be less than the United States per \n capita cost (USPCC), as calculated by the \n Secretary, a Medicare+Choice organization may \n negotiate with the Secretary an annual per \n capita rate that--\n ``(I) reflects an annual rate of \n increase up to the rate of increase \n specified in clause (ii);\n ``(II) takes into account audited \n current data supplied by the \n organization on its adjusted community \n rate (as defined in section \n 1854(f)(3)); and\n ``(III) does not exceed the United \n States per capita cost, as projected by \n the Secretary for the year involved.\n ``(ii) Maximum rate described.--The rate of \n increase specified in this clause for a year is \n the rate of inflation in private health \n insurance for the year involved, as projected \n by the Secretary, and includes such adjustments \n as may be necessary--\n ``(I) to reflect the demographic \n characteristics in the population under \n this title; and\n ``(II) to eliminate the costs of \n prescription drugs.\n ``(iii) Adjustments for over or under \n projections.--If subparagraph is applied to an \n organization and payment area for a year, in \n applying this subparagraph for a subsequent \n year the provisions of paragraph (6)(C) shall \n apply in the same manner as such provisions \n apply under this paragraph.''.\n\nSEC. 9. 10-YEAR PHASE IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL \n SETTINGS.\n\n Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. \n1395w-23(c)(1)(C)(ii)) is amended--\n (1) by striking the period at the end of subclause (II) and \n inserting a semicolon; and\n (2) by adding after and below subclause (II) the following:\n ``and, beginning in 2004, insofar as such risk \n adjustment is based on data from all (or \n substantially all) settings, the methodology \n shall be phased in equal increments over a 10 \n year period, beginning with 2004 or (if later) \n the first year in which such data is used.''.\n\nSEC. 10. DELAY FROM JULY TO NOVEMBER, 2000 IN DEADLINE FOR OFFERING AND \n WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.\n\n Notwithstanding any other provision of law, the deadline for a \nMedicare+Choice organization to withdraw the offering of a \nMedicare+Choice plan under part C of title XVIII of the Social Security \nAct (or otherwise to submit information required for the offering of \nsuch a plan) for 2001 is delayed from July 1, 2000, to November 1, \n2000, and any such organization that provided notice of withdrawal of \nsuch a plan during 2000 before the date of the enactment of this Act \nmay rescind such withdrawal at any time before November 1, 2000.\n\nSEC. 11. MISCELLANEOUS REGULATORY CHANGES.\n\n (a) Prohibition on Requirement To Submit Encounter Data.--Section \n1853(a)(3)(B) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(B)) \nis amended--\n (1) by designating the matter following ``Data collection'' \n as a clause (i) with appropriate indentation and the heading \n ``In general''; and\n (2) by adding at the end the following new clauses:\n ``(ii) Issuance of data submission \n requirements.--The Secretary may not require \n under clause (i) the submission of encounter \n data to support a risk adjustment methodology \n based on all (or substantially all) settings \n until a reasonable time after the Secretary \n issues the complete requirements for data \n submission. Such requirements shall be limited \n to the minimum data elements necessary to \n support the risk adjustment methodology. Such \n system shall be designed to accept the required \n minimum data elements in a form and manner \n compatible with Medicare+Choice organizations' \n operations.\n ``(iii) Evaluation.--In issuing such data \n submission requirements, the Secretary must \n include an evaluation by an outside, \n independent actuary of whether the proposed \n data elements are the minimum necessary to \n support the risk adjustment methodology.''.\n (b) Post-Stabilization Guidelines.--Section 1852(d)(2) of such Act \n(42 U.S.C. 1395w-22(d)(2)) is amended by adding at the end the \nfollowing: ``In prescribing such guidelines--\n ``(A) post-stabilization care shall be limited to \n care related to treatment of the condition that \n precipitated the provision of emergency services; and\n ``(B) the provider of emergency services is not \n authorized to provide post-stabilization care unless--\n ``(i) the Medicare+Choice organization has \n been notified as soon as practicable, but not \n later than 2 hours after stabilization, in \n advance of the request to provide such care;\n ``(ii) the organization has either approved \n the request or not responded to such request \n within a reasonable period (of at least 3 \n hours) after it has been notified; and\n ``(iii) the emergency services provider \n maintains a written documentation concerning \n the notice and the organization's response to \n such notice.''.\n (c) Enrollment Process.--\n (1) Allowing on-line enrollment.--Section 1851(c)(2) of \n such Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the \n end the following:\n ``(C) On-line applications.--Such process shall \n permit the filing of appropriate election forms under \n subparagraphs (A) and (B) to be done through electronic \n means (including use of the Internet).''.\n (2) Moratorium on changes in medicare+choice enrollment \n rules.--The Secretary of Health and Human Services shall not \n make any changes in the enrollment and disenrollment \n instructions and related materials (including operational \n policy letters and evidence of coverage) under the \n Medicare+Choice program under part C of title XVIII of the \n Social Security Act between the date of the enactment of this \n Act and January 1, 2002, except as may be specifically and only \n required to comply with a change in statute.","summary":"Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of MedicareChoice plans for 2001. Amends SSA title XVIII part C to MedicareChoice program data collection requirements with regard to: (1) issuance of encounter data submission requirements, (2) post- stabilization guidelines. And (3) on-line enrollment. Prohibits the Secretary from making any changes in the enrollment and disenrollment instructions and related materials under MedicareChoice between enactment of this Act and January 1, 2002, except as may be specifically and only required to comply with a change in statute.","title":"Medicare Beneficiaries' Choice Stabilization Act of 2000","text_len":15571,"sum_len":633} {"bill_id":"112_hr6517","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``STEM Network Act''.\n\nSEC. 2. GRANTS AUTHORIZED.\n\n (a) In General.--From amounts made available to carry out this Act, \nthe Secretary of Education shall make grants to eligible networks to \nexpand STEM education.\n (b) Eligible Network Defined.--In this Act, the term ``eligible \nnetwork'' means a State-based STEM network or similar organization, \nwhich--\n (1) may include the participation of State officials, \n educators, administrators, parents, industry leaders, \n philanthropists, and representatives from the STEM communities; \n and\n (2) aims to increase student achievement in the STEM \n disciplines at the elementary schools and secondary schools in \n its State, particularly at schools with a high concentration of \n low-income students and at rural schools (within the meaning of \n part B of title VI of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 6201 et seq.)).\n\nSEC. 3. ELIGIBLE NETWORK APPLICATION.\n\n (a) In General.--An eligible network seeking a grant under section \n2 shall submit an application at such time, in such manner, and \ncontaining such information as the Secretary may reasonably require.\n (b) Matching Requirement.--In order to receive a grant under \nsection 2, an eligible network shall agree to provide, either directly \nor through private contributions, non-Federal matching funds equal to \nnot less than 30 percent of the amount of the grant.\n\nSEC. 4. USES OF FUNDS.\n\n Each eligible network receiving a grant under section 2 shall use \nthe funds to carry out one or more of the following:\n (1) Testing, validating, sharing, and scaling up STEM \n education research, promising practices, and exemplary programs \n among members of the network and with other eligible networks \n receiving grants under section 3.\n (2) Identifying points of weakness and strength among State \n STEM education efforts, prioritizing strategies for addressing \n problem areas, and communicating State needs to the Secretary.\n (3) Assisting in the implementation of rigorous common \n content standards in STEM education for grades prekindergarten \n through grade 12 that reflect common elements between such \n disciplines and take into consideration--\n (A) the Next Generation Science Standards and the \n Common Core State Standards Initiative;\n (B) established international standards and 21st \n century skills;\n (C) the needs of English language learners and \n special education students; and\n (D) the need to increase scientific literacy of \n prekindergarten through grade 12 students.\n (4) Assisting and supporting the development and \n implementation of innovative STEM assessments based on common \n content standards in mathematics and science.\n (5) Promoting and developing rigorous undergraduate pre-\n service teacher programs in institutions of higher education \n that emphasize STEM content in the part of the program that \n focuses on elementary school education.\n (6) Promoting and developing curriculum tools and \n professional development for in-service STEM teachers that \n foster innovation and inventiveness.\n (7) Developing STEM career pathways that reflect the \n projected STEM workforce needs of the 21st century that may \n include mentoring programs and STEM professional outreach.\n (8) Developing STEM-related workforce education and \n training programs in secondary schools and institutions of \n higher education to enhance the skills of workers to meet the \n needs of business and industry.\n (9) Developing systems for the implementation of extended \n learning times on school sites to enhance STEM education inside \n and outside of the classroom.\n\nSEC. 5. EVALUATION AND REPORT.\n\n Not later than 2 years after receiving a grant under section 2, \neach eligible network receiving such a grant shall--\n (1) conduct periodic independent evaluations, by grant or \n by contract, of the eligible network's effectiveness at \n accomplishing the activities described in section 4, which \n shall include an assessment of the impact of such activities on \n STEM teaching and learning; and\n (2) prepare and submit a report on the results of each \n evaluation described in paragraph (1) to the Secretary.\n\nSEC. 6. PROHIBITIONS.\n\n In implementing this Act, the Secretary may not--\n (1) endorse, approve, or sanction any STEM curriculum \n designed for use in any elementary school, secondary school, or \n institution of higher education; or\n (2) engage in oversight, technical assistance, or \n activities that will require the adoption of a specific STEM \n program or instructional materials by a State, local \n educational agency, or school.\n\nSEC. 7. TOTAL AMOUNT OF GRANTS.\n\n The total amount of grants made under this Act in any fiscal year \nmay not exceed $20,000,000.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) The terms ``elementary school'', ``local educational \n agency'', and ``secondary school'' have the meanings given such \n terms in section 9101 of the Elementary and Secondary Education \n Act of 1965 (20 U.S.C. 7801).\n (2) The term ``high concentration of low-income students'' \n has the meaning given such term in section 1707 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 6537).\n (3) The term ``institution of higher education'' has the \n meaning given such term in section 101 of the Higher Education \n Act of 1965 (20 U.S.C. 1001).\n (4) The term ``Secretary'' means the Secretary of \n Education.\n (5) The term ``State'' means each of the several States of \n the United States, the District of Columbia, the Commonwealth \n of Puerto Rico, Guam, the Commonwealth of Northern Mariana \n Islands, American Samoa, and the United States Virgin Islands.\n (6) The term ``STEM'' means science, technology, \n engineering, and mathematics.","summary":"STEM Network Act - Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations to increase elementary and secondary school students' achievement in the STEM disciplines, particularly in rural and low-income schools. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs. Identifying state STEM education weaknesses and prioritizing strategies to address them, implementing rigorous common STEM education content standards, developing and implementing innovative STEM assessments, promoting and developing pre- and in-service STEM teacher training. Developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs. And facilitating the implementation of extended STEM learning times on school sites. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education. Or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.","title":"To direct the Secretary of Education to make grants to State-based STEM networks to expand STEM education.","text_len":6529,"sum_len":1298} {"bill_id":"114_hr1625","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Insider Trading Prohibition Act''.\n\nSEC. 2. PROHIBITION ON INSIDER TRADING.\n\n (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a \net seq.) is amended by adding after section 16 the following new \nsection:\n\n``SEC. 16A. PROHIBITION ON INSIDER TRADING.\n\n ``(a) Prohibition Against Trading Securities While in Possession of \nMaterial, Nonpublic Information.--It shall be unlawful for any person, \ndirectly or indirectly, to purchase, sell, or enter into, or cause the \npurchase or sale of or entry into, any security, security-based swap, \nor security-based swap agreement, while in possession of material, \nnonpublic information relating to such security, security-based swap, \nor security-based swap agreement, or relating to the market for such \nsecurity, security-based swap, or security-based swap agreement, if \nsuch person knows, or recklessly disregards, that such information has \nbeen obtained wrongfully, or that such purchase, sale, or entry would \nconstitute a wrongful use of such information.\n ``(b) Prohibition Against the Wrongful Communication of Certain \nMaterial, Nonpublic Information.--It shall be unlawful for any person \nwhose own purchase or sale of a security, security-based swap, or entry \ninto a security-based swap agreement would violate subsection (a) \n(referred to in this subsection as the `communicating person'), \nwrongfully to communicate material, nonpublic information relating to \nsuch security, security-based swap, or security-based swap agreement, \nor relating to the market for such security, security-based swap, or \nsecurity-based swap agreement, to any other person if--\n ``(1) the other person--\n ``(A) purchases, sells, or causes the purchase or \n sale of, any security or security-based swap or enters \n into or causes the entry into any security-based swap \n agreement, to which such communication relates; or\n ``(B) communicates the information to another \n person who makes or causes such a purchase, sale, or \n entry while in possession of such information; and\n ``(2) such a purchase, sale, or entry while in possession \n of such information is reasonably foreseeable.\n ``(c) Standard and Knowledge Requirement.--\n ``(1) Standard.--For purposes of this section, trading \n while in possession of material, nonpublic information under \n subsection (a) or communicating material nonpublic information \n under subsection (b) is wrongful only if the information has \n been obtained by, or its communication or use would constitute, \n directly or indirectly--\n ``(A) theft, bribery, misrepresentation, or \n espionage (through electronic or other means);\n ``(B) a violation of any Federal law protecting \n computer data or the intellectual property or privacy \n of computer users; or\n ``(C) conversion, misappropriation, or other \n unauthorized and deceptive taking of such information, \n or a breach of any fiduciary duty or any other personal \n or other relationship of trust and confidence.\n ``(2) Knowledge requirement.--It shall not be necessary \n that the person trading while in possession of such information \n (as proscribed by subsection (a)), or making the communication \n (as proscribed by subsection (b)), know the specific means by \n which the information was obtained or communicated, or whether \n any personal benefit was paid or promised by or to any person \n in the chain of communication, so long as the person trading \n while in possession of such information or making the \n communication, as the case may be, was aware, or recklessly \n disregarded that such information was wrongfully obtained or \n communicated.\n ``(d) Derivative Liability.--Except as provided in section 20(a), \nno person shall be liable under this section solely by reason of the \nfact that such person controls or employs a person who has violated \nthis section, if such controlling person or employer did not \nparticipate in, profit from, or directly or indirectly induce the acts \nconstituting the violation of this section.\n ``(e) Exempted Transactions.--The Commission may, by rule, exempt \nany person, security, or transaction, or any class persons securities, \nor transactions, from any or all of the provisions of this section, \nupon such terms and conditions as it considers necessary or \nappropriate, if the Commission determines that such action is not \ninconsistent with the purposes of this section. The prohibitions of \nthis section shall not apply to any person who acts at the specific \ndirection of, and solely for the account of, a person whose own \nsecurities trading, or communications of material, nonpublic \ninformation, would be lawful under this section.''.\n (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15 \nU.S.C. 78a et seq.) is further amended--\n (1) in section 21(d)(2), by inserting ``or section 16A,'' \n after ``section 10(b) of this title'';\n (2) in section 21A--\n (A) in subsection (g)(1), by inserting ``and \n section 16A,'' after ``thereunder,''; and\n (B) in subsection (h)(1), by inserting ``and \n section 16A,'' after ``thereunder,''; and\n (3) in section 21C(f), by inserting ``or section 16A,'' \n after ``section 10(b)''.","summary":"Insider Trading Prohibition Act This bill amends the Securities Exchange Act of 1934 to prohibit any person from trading securities or effectuating such trades while in possession of related material, nonpublic information, or while either knowing or recklessly disregarding that the information has been obtained wrongfully, or that the transactions would constitute a wrongful use of such information. It shall also be unlawful for any person whose own securities transactions violate this Act to communicate wrongfully to another person material, nonpublic information relating to either those transactions or the market for them if the other person: purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates. Or communicates the information to another person who makes or causes such a transaction while in possession of such information. The other person's ensuing purchase, sale, or entry while in possession of such information must also be reasonably foreseeable. A standard and a knowledge requirement are prescribed for acts constituting unlawful trading in securities. A person who has neither participated in, profited from, nor induced violations of this Act is shielded from liability even though that person controls or employs the violator. The Securities and Exchange Commission is authorized to exempt from this Act persons, securities, or transactions, subject to any necessary or appropriate terms and conditions, if it determines that the exemption is not inconsistent with the purposes of this Act.","title":"Insider Trading Prohibition Act","text_len":5743,"sum_len":1662} {"bill_id":"103_hr1282","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Outer Continental Shelf Enhanced \nExploration and Deep Water Incentives Act''.\n\nSEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.\n\n (a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf \nLands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows:\n ``(3)(A) The Secretary, at his own discretion or on petition of a \nlessee, in order--\n ``(i) to promote development and new production on \n producing or nonproducing leases, through primary, secondary, \n or tertiary recovery means; or\n ``(ii) to encourage production of marginal or uneconomic \n resources on producing or nonproducing leases, which may \n include the use of primary, secondary, or tertiary recovery \n means,\nmay reduce, suspend, or eliminate any royalty or net profit share set \nforth in the leases. In the case of a petition of a lessee, the \nSecretary shall make a final determination under this subparagraph \nwithin 6 months after the submittal of such petition.\n ``(B)(i) Notwithstanding any other provision of this Act, except as \nprovided in clauses (ii) and (iii) of this subparagraph, no royalty \npayment shall be due on new production from any lease located in water \ndepths of 200 meters or greater until the capital costs directly \nrelated to such new production have been recovered by the lessee out of \nthe proceeds from such new production.\n ``(ii) Notwithstanding clause (i), in any month during which the \narithmetic average of the closing prices for the earliest delivery \nmonth on the New York Mercantile Exchange for Light Sweet crude oil \nexceeds $28.00 per barrel, any production of oil described in clause \n(i) shall be subject to royalties at the lease stipulated rate.\n ``(iii) Notwithstanding clause (i), in any month during which the \narithmetic average of the closing prices for the earliest delivery \nmonth on the New York Mercantile Exchange for natural gas exceeds $3.50 \nper million British thermal units, any production of natural gas \ndescribed in clause (i) shall be subject to royalties at the lease \nstipulated rate.\n ``(iv) The prices referred to in clauses (ii) and (iii) of this \nsubparagraph shall be changed during any calendar year after 1993 by \nthe percentage if any by which the consumer price index changed during \nthe preceding calendar year, as defined in section 111(f)(4) of the \nInternal Revenue Code of 1986.\n ``(v) Nothing in this subparagraph shall be construed to affect any \nrequirement under this section to pay bonus bids.\n ``(vi) For purposes of this subparagraph--\n ``(I) the term `capital costs' shall be defined by the \n Secretary, shall include exploration costs incurred after the \n acquisition of the lease and development and capital production \n costs directly related to new production, shall not include any \n amounts paid as bonus bids or paid as royalties pursuant to \n clause (ii) or (iii), and shall be adjusted to reflect changes \n in the consumer price index, as defined in section 111(f)(4) of \n the Internal Revenue Code of 1986; and\n ``(II) the term `new production' means any production from \n a lease from which no royalties have been due on production, \n other than test production, prior to the date of the enactment \n of the Outer Continental Shelf Enhanced Exploration and Deep \n Water Incentives Act, or any production resulting from lease \n development activities under a development and production plan \n approved by the Secretary under section 25 after the date of \n the enactment of the Outer Continental Shelf Enhanced \n Exploration and Deep Water Incentives Act.''.\n (b) Frontier Areas.--Section 18 of the Outer Continental Shelf \nLands Act (43 U.S.C. 1344) is amended by adding at the end the \nfollowing new subsection:\n ``(i) The Secretary shall, in each leasing program prepared under \nthis section, designate as frontier areas portions of the outer \nContinental Shelf, if any, with respect to which the Secretary will \nexercise authority under section 8(a)(3)(A) to reduce, suspend, or \neliminate the requirement to pay royalties. Any such designation shall \ninclude a full description of the terms of such reduction, suspension, \nor elimination. In designating frontier areas under this subsection, \nthe Secretary shall take into consideration the increased capital costs \nassociated with exploration and development in coastal or marine \nenvironments, including arctic environments, with special environmental \nprotection requirements.''.\n\nSEC. 3. REGULATIONS.\n\n (a) Incentives.--The Secretary shall, within 180 days after the \ndate of the enactment of this Act, issue such rules and regulations as \nare necessary to implement the amendment made by section 2(a).\n (b) Frontier Areas.--The Secretary shall, within 1 year after the \ndate of the enactment of this Act, issue regulations defining the term \n``frontier area'' for purposes of carrying out section 18(i) of the \nOuter Continental Shelf Lands Act.","summary":"Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases. Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds. Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements.","title":"Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act","text_len":5171,"sum_len":675} {"bill_id":"104_hr318","text":"SECTION 1. PRIORITY OF CLAIMS FOR RETIREE HEALTH BENEFITS.\n\n (a) Definition.--Section 101 of title 11, United States Code, is \namended--\n (1) by redesignating paragraphs (4) through (12A) as \n paragraphs (3) through (12), respectively,\n (2) by redesignating paragraphs (48) through (55) as \n paragraphs (53) through (68), respectively,\n (3) by inserting after paragraph (47) the following:\n ``(52) `retiree health benefits' means payments to any \n entity or person for the purpose of providing or reimbursing \n payments for retired employees and their spouses and \n dependents, for medical, surgical, or hospital care benefits \n under any plan, fund, or program (through the purchase of \n insurance or otherwise) maintained or established in whole or \n in part by the debtor prior to filing a petition commencing a \n case under this title;'', and\n (4) by redesignating paragraphs (21A) through (47) as \n paragraphs (22) through (51), respectively,\n (b) Priority Under Chapter 7.--(1) Section 726(a)(1) of title 11, \nUnited States Code, is amended to read as follows:\n ``(1) first--\n ``(A) except as provided in subparagraph (B), in \n payment of claims of the kind specified in, and in the \n order specified in section 507 of this title, proof of \n which is timely filed under section 501 of this title \n or tardily filed before the date on which the trustee \n commences distribution under this section; and\n ``(B) immediately after payment of claims of the \n kind specified in section 507(a)(4), in payment of \n allowed unsecured claims for retiree health benefits, \n but only to the extent of the aggregate amount that \n represents $10,000 multiplied by the number of former \n employees with respect to whom a retiree health benefit \n accrues;''.\n (2) Section 724(b)(2) of title 11, United States Code, is amended \nby inserting ``, and to holders of claims for retiree health benefits \npayable under section 726(a)(1)(B) of this title,'' after ``this \ntitle''.\n (c) Priority Under Chapter 11.--Section 1129(a) of title 11, United \nStates Code, is amended--\n (1) in paragraph (9)--\n (A) in subparagraph (B)--\n (i) by inserting ``subject to subparagraph \n (D)'' after ``receive'', and\n (ii) by striking ``and'' at the end,\n (B) in subparagraph (C) by striking the period at \n the end and inserting ``; and'', and\n (C) by adding at the end the following:\n ``(D) if liquidation is proposed in the plan, with \n respect to a class of claims for retiree health \n benefits, such class will receive immediately after \n payment of claims of the kinds specified in paragraphs \n (1), (2), (3), and (4) of section 507(a) of this \n title--\n ``(i) if such class has accepted the plan, \n deferred cash payments of a value, as of the \n effective date of the plan; or\n ``(ii) if such class has not accepted the \n plan, cash on the effective date of the plan;\n equal to the allowed aggregate amount of such claims, \n but only to the extent of the aggregate amount that \n represents $10,000 multiplied by the number of former \n employees with respect to whom a retiree health benefit \n accrues.'', and\n (2) by amending paragraph (13) to read as follows:\n ``(13) The plan provides--\n ``(A) except as provided in subparagraph (B), for \n the continuation after its effective date of payment of \n all retiree benefits (as defined in section 1114 of \n this title) at the level established pursuant to \n subsection (e)(1)(B) or (g) of section 1114 of this \n title, at any time prior to confirmation of the plan, \n for the duration of the period the debtor has obligated \n itself to provide such benefits; and\n ``(B) if the plan provides for liquidation, for the \n payment of allowed unsecured claims for retiree health \n benefits, but only to the extent of the aggregate \n amount that represents $10,000 multiplied by the number \n of former employees with respect to whom a retiree \n health benefit accrues.''.\n\nSEC. 2. RULE OF CONSTRUCTION.\n\n The amendments made by this Act shall not be construed to limit any \npriority to which claims for retiree health benefits are entitled under \nthe provisions of title 11 of the United States Code that are not \namended by this Act.\n\nSEC. 3. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.\n\n (a) Effective Date.--Except as provided in subsection (b), this Act \nand the amendments made by section 1 shall take effect on the date of \nthe enactment of this Act.\n (b) Application of Amendments.--(1) Except as provided in paragraph \n(2), the amendments made by section 1 shall apply only with respect to \ncases commenced under title 11, United States Code, after the date of \nthe enactment of this Act.\n (2) The amendments made by section 1 shall apply with respect to--\n (A) cases commenced under chapter 11 of title 11, United \n States Code, on or after March 1, 1989; and\n (B) cases converted from chapter 11 of title 11, United \n States Code, to chapter 7 of such Code on or after September 1, \n 1991.","summary":"Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.","title":"To amend title 11 of the United States Code to establish a priority for the payment of claims for retiree health benefits in liquidation cases under chapters 7 and 11.","text_len":6011,"sum_len":191} {"bill_id":"113_hr4377","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Burma Human Rights and Democracy Act \nof 2014''.\n\nSEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.\n\n (a) Limitation.--\n (1) In general.--No funds authorized to be appropriated or \n otherwise made available for fiscal year 2014 or 2015 may be \n made available for security assistance described in paragraph \n (2) to the Government of Burma unless the Secretary of State \n certifies to the appropriate congressional committees that--\n (A) the Government of Burma has taken concrete \n steps toward--\n (i) establishing civilian oversight of the \n armed forces;\n (ii) addressing human rights abuses by the \n Burmese military, including publicly \n acknowledging that human rights abuses have \n been and continue to be committed by the \n Burmese military, and committing to a zero \n tolerance policy against such human rights \n abuses; and\n (iii) terminating military relations with \n North Korea;\n (B) the Government of Burma has taken concrete \n steps to establish a fair, transparent and inclusive \n process to amend the Constitution of Burma, including \n the full participation of the political opposition and \n all ethnic minority groups, and the constitutional \n reform process will provide the basis for free, fair, \n and competitive elections in Burma;\n (C) the Government of Burma has amended its \n constitution and laws to ensure civilian control of the \n military and implemented reforms to increase the \n transparency and accountability of the military's \n budget and operations, and the Burmese military has \n taken substantial and meaningful steps to divest itself \n from ownership of commercial businesses;\n (D) the Government of Burma is showing meaningful \n and well-documented efforts to promote peace agreements \n or political reconciliation and equal and fair \n treatment of all ethnic groups in conflict areas or \n areas of unrest, and to actively address the \n resettlement and humanitarian situation of displaced \n persons; and\n (E) the Burmese military is--\n (i) improving its human rights record, as \n measured by consistent decreases in reports of \n forced labor, indefinite detention, torture, or \n cruel, inhumane, and degrading treatment of \n detainees, and use in armed conflict of \n indiscriminate or disproportionate methods and \n means of attack;\n (ii) demonstrating a genuine interest in \n reform by ceasing attacks against ethnic \n minority groups in both ceasefire and non-\n ceasefire areas;\n (iii) taking steps to withdraw forces from \n conflict zones, including by halting the use of \n soldiers in economic development projects;\n (iv) adhering to the conditions of \n ceasefire agreements; and\n (v) signing and implementing a code of \n conduct.\n (2) Definition.--In this subsection, the term ``security \n assistance'' means--\n (A) assistance under chapter 2 (military \n assistance), chapter 5 (military education and \n training), or chapter 6 (peacekeeping operations) of \n part II of the Foreign Assistance Act of 1961;\n (B) assistance under chapter 8 of part II of the \n Foreign Assistance Act of 1961, chapter 9 of part II of \n such Act, section 504 of the FREEDOM Support Act, \n section 23 of the Arms Export Control Act, or the \n Foreign Assistance Act of 1961 for demining programs \n and activities to be carried out by or in conjunction \n with military units or personnel of a foreign country;\n (C) sales of defense articles or defense services, \n extensions of credits (including participations in \n credits), and guaranties of loans under the Arms Export \n Control Act; or\n (D) any license in effect with respect to the \n export of defense articles or defense services to or \n for the armed forces, police, intelligence, or other \n internal security forces of Burma under section 38 of \n the Arms Export Control Act.\n (3) Applicability to fy 2014 funds.--The limitation on the \n availability of funds under this subsection for fiscal year \n 2014 shall apply with respect to funds that are unobligated as \n of the date of the enactment of this Act.\n (4) Sense of congress.--Nothing in this Act should be \n construed either to prevent participation by Burmese \n authorities in training on civil-military relations and human \n rights, as carried out by the Defense Institute of \n International Legal Studies, or to prevent United States \n disaster assistance in Burma.\n (b) Report.--\n (1) In general.--Not later than 120 days after the date of \n the enactment of this Act, and annually thereafter, the \n Secretary of State shall submit to the appropriate \n congressional committees a report on the strategy for, and \n plans and status of, engagement between the United States and \n the Burmese military.\n (2) Elements.--The report required under paragraph (1) \n shall include the following elements:\n (A) A description and assessment of the Government \n of Burma's strategy for security sector reform, an \n identification and comprehensive analysis of those \n reform elements that the United States Government \n should support, and a multi-year cost estimate for \n providing such support.\n (B) The United States strategy for the relationship \n between the United States and the Burmese military, \n including a description of how and why such engagements \n are necessary for United States national security.\n (C) An assessment of the human rights record of the \n Burmese military over the past decade, including--\n (i) an account of violations of human \n rights and laws of armed conflict by the \n Burmese military and all paramilitary and \n security forces under its command, including \n against ethnic minority groups;\n (ii) a description of efforts by the \n Burmese military to implement human rights \n reforms; and\n (iii) a description of progress in the \n relationship between the United States and the \n Burmese military and such reforms.\n (D) An assessment of any substantial and meaningful \n steps taken by the Burmese military to implement \n reforms to increase transparency and accountability of \n the military's budget and operations and to divest \n itself from ownership of commercial business.\n (E) A list of ongoing activities conducted by the \n United States Government and other international donors \n with the Burmese military, including a description of \n each such activity.\n (F) An update on activities that were listed in \n previous reporting.\n (G) A list of activities that are planned to occur \n over the upcoming year, with a written description of \n each.\n (H) A description of progress on the peaceful \n settlement of armed conflicts between the Government of \n Burma and ethnic minority groups, including the steps \n taken by the Burmese military to demonstrate respect \n for ceasefires, laws of armed conflict, and human \n rights provisions prohibiting rape, torture, forced \n labor, trafficking, and the use of child soldiers.\n (I) A description of the concrete steps the \n Government of Burma has taken--\n (i) to establish a fair, transparent, and \n inclusive process to amend the Constitution of \n Burma;\n (ii) to promote peace agreements or \n political reconciliation and equal and fair \n treatment of all ethnic groups in conflict \n areas or areas of unrest; and\n (iii) to actively address the resettlement \n and humanitarian situation of displaced \n persons.\n (J) An assessment of the status of the Burmese \n military's cooperation with civilian authorities to \n investigate and resolve cases of human rights \n violations.\n (3) Form.--The report required under paragraph (1) shall be \n submitted in unclassified form, but may contain a classified \n annex as necessary.\n (c) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means the Committee \non Foreign Affairs of the House of Representatives and the Committee on \nForeign Relations of the Senate.","summary":"Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea. (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups. (3) Burma has amended its constitution and laws to ensure civilian control of the military. (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons. And (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent US disaster assistance in Burma. Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the US Armed Forces and the Burmese military.","title":"Burma Human Rights and Democracy Act of 2014","text_len":10603,"sum_len":1436} {"bill_id":"115_hr2365","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Desert Community Lands Act''.\n\nSEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION \n AREA.\n\n (a) Definitions.--In this section:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (2) Town.--The term ``Town'' means the town of Apple \n Valley, California.\n (b) Conveyance of Federal Land to Town.--\n (1) Conveyance required.--At the request of the Town, not \n later than 5 years after the date of the enactment of this Act, \n the Secretary shall convey to the Town, without consideration, \n all right, title, and interest of the United States in and to \n the surface estate of the approximately 4,630 acres of land \n generally depicted as ``Proposed Conveyance Area'' on the map \n entitled ``Conveyance to Town of Apple Valley'' and dated June \n 1, 2015. Such land shall be known and designated as the ``Apple \n Valley Off-Highway Vehicle Recreation Area''.\n (2) Existing rights and mineral estate.--The conveyance \n under this subsection--\n (A) is subject to valid existing rights; and\n (B) does not include the mineral estate.\n (c) Use of Conveyed Land.--\n (1) In general.--The land conveyed under subsection (b) may \n be used by the Town for any public purpose authorized in \n paragraph (2), consistent with the Act of June 14, 1926 \n (commonly known as the Recreation and Public Purposes Act; 43 \n U.S.C. 869 et seq.).\n (2) Authorized purposes.--The purposes of the conveyance \n under subsection (b) are to allow the Town to use the conveyed \n land to provide--\n (A) a suitable location for the establishment of a \n centralized off-road vehicle recreation park;\n (B) the public with opportunities for off-road \n vehicle recreation, including a location for races, \n competitive events, training and other commercial \n services that directly support a centralized off-road \n vehicle recreation area and Town park; and\n (C) a designated area and facilities that would \n discourage unauthorized use of off-highway vehicles in \n areas that have been identified by the Federal \n Government, the State of California, or San Bernardino \n County as containing environmentally sensitive land.\n (3) Disposal prohibited.--The land conveyed under \n subsection (b) may not be disposed of by the Town without the \n approval of the Secretary.\n\nSEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA.\n\n (a) Conveyance Required.--At the request of the city of Twentynine \nPalms, California, not later than 1 year after the date of the \nenactment of this Act, the Secretary of the Interior shall convey to \nthe city of Twentynine Palms, California, without consideration, all \nright, title, and interest of the United States in and to the surface \nestate of the land generally depicted as ``Proposed Conveyance to \nTwentynine Palms'' on the map entitled ``Proposed Conveyance to \nTwentynine Palms'' and dated September 18, 2015.\n (b) Existing Rights and Mineral Estate.--The conveyance under this \nsection--\n (1) is subject to valid existing rights; and\n (2) does not include the mineral estate.\n\nSEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA.\n\n (a) Conveyance Required.--At the request of the city of Barstow, \nCalifornia, not later than 1 year after the date of the enactment of \nthis Act, the Secretary of the Interior shall convey to the city of \nBarstow, California, without consideration, all right, title, and \ninterest of the United States in and to the surface estate of the land \ngenerally depicted as ``Proposed Conveyance'' on the map entitled \n``Proposed Conveyance to the City of Barstow'' and dated January 13, \n2017.\n (b) Existing Rights and Mineral Estate.--The conveyance under this \nsection--\n (1) is subject to valid existing rights; and\n (2) does not include the mineral estate.\n\nSEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA.\n\n (a) Conveyance Required.--At the request of the city of \nVictorville, California, not later than 1 year after the date of the \nenactment of this Act, the Secretary of the Interior shall convey to \nthe city of Victorville, California, without consideration, all right, \ntitle, and interest of the United States in and to the surface estate \nof the land generally depicted as ``Proposed Conveyance'' on the map \nentitled ``Proposed Conveyance to the City of Victorville'' and dated \nApril 25, 2017.\n (b) Existing Rights and Mineral Estate.--The conveyance under this \nsubsection--\n (1) is subject to valid existing rights;\n (2) does not include the mineral estate; and\n (3) is subject to the reservation of a permanent easement \n and right of way for flood control, utility, pipeline, or \n telecommunications facilities located within the strips of land \n described in the right of way grant from the United States \n Department of the Interior to Pacific Gas and Electric Company, \n Serial Number R 06259, dated March 2, 1965, and the easement \n from J. Harley Long to Pacific Gas and Electric Company, dated \n February 4, 1957, and recorded in Book 4192, Official Records \n at page 42, San Bernardino County Records. These easements \n include the right, at any time and from time to time, to \n construct, reconstruct, maintain, operate, replace, remove, \n repair, renew, and enlarge facilities for public utility \n purposes, the right to trim and cut down trees and brush that \n the public utility may deem to be a hazard to its facilities, \n and the requirement that the strips of land be kept open and \n free of buildings, structures, and wells of any kind.\n ","summary":"Desert Community Lands Act This bill directs the Department of the Interior to convey, without consideration, to the town of Apple Valley in California the surface estate of specified land, to be known and designated as the Apple Valley Off-Highway Vehicle Recreation Area. The conveyed land may be used by the town to provide: (1) a suitable location for the establishment of a centralized, off-road vehicle recreation park, (2) the public with opportunities for off-road vehicle recreation. And (3) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the federal government, the state of California, or San Bernardino County, California, to contain environmentally sensitive land. Such land may not be disposed of by the town without Interior's approval. Interior may develop a special management plan for the recreation area to enhance the safe use of off-highway vehicles for recreational purposes. Interior shall convey, without consideration, the surface estate of specified lands to the cities of Twentynine Palms, Barstow, and Victorville in California. All land conveyances under this bill are subject to valid existing rights and do not include the mineral estate in the lands conveyed.","title":"Desert Community Lands Act","text_len":6224,"sum_len":1278} {"bill_id":"112_s622","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Effective Regulation \nand Assessment Systems for Public Schools Act''.\n\nSEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR \n PUBLIC SCHOOLS.\n\n (a) In General.--The Elementary and Secondary Education Act of 1965 \n(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:\n\n ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS \n FOR PUBLIC SCHOOLS\n\n``SEC. 10001. DEFINITIONS.\n\n ``In this title:\n ``(1) Chairperson.--The term `Chairperson' means the \n Chairperson of the Commission.\n ``(2) Commission.--The term `Commission' means the \n Commission on Effective Regulation and Assessment Systems for \n Public Schools.\n ``(3) Relevant committees.--The term `relevant committees' \n means the Committee on Health, Education, Labor, and Pensions \n of the Senate and the Committee on Education and the Workforce \n of the House of Representatives.\n\n``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND \n ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.\n\n ``(a) In General.--Not later than 30 days after the date of \nenactment of the Commission on Effective Regulation and Assessment \nSystems for Public Schools Act, the Secretary shall establish a \ncommission to be known as the `Commission on Effective Regulation and \nAssessment Systems for Public Schools'.\n ``(b) Purpose.--The Commission shall--\n ``(1) examine Federal, State, and local regulatory \n requirements on elementary and secondary education;\n ``(2) make recommendations on how to align and improve such \n Federal, State, and local requirements to improve performance \n and innovation;\n ``(3) examine the quality and purpose of current Federal, \n State, and local assessment requirements; and\n ``(4) make recommendations to improve and align assessment \n systems to provide quality and meaningful information for \n parents, teachers, and students to improve student achievement, \n teacher performance, and innovation.\n ``(c) Membership.--\n ``(1) Composition.--The Commission shall be composed of--\n ``(A) 4 Governors;\n ``(B) 6 State legislators;\n ``(C) 2 Chief State school officers;\n ``(D) 2 State officials responsible for \n administering Federal education programs;\n ``(E) 4 superintendents;\n ``(F) 2 principals;\n ``(G) 2 teachers;\n ``(H) 2 assessment experts; and\n ``(I) 2 teacher and principal effectiveness \n experts.\n ``(2) Recommendations.--The Secretary shall solicit input \n and nominations for appointing members of the Commission from--\n ``(A) Governors;\n ``(B) members of Congress;\n ``(C) State legislators;\n ``(D) superintendents, principals, teachers, and \n other members of the education community; and\n ``(E) parents, students, and other members of the \n general public.\n ``(3) Determination.--The Secretary shall determine the \n membership of the Commission after considering recommendations \n submitted under paragraph (2).\n ``(d) Chairperson.--The Secretary shall designate a Governor as the \nChairperson of the Commission.\n ``(e) Meetings.--The Commission shall hold, at the call of the \nChairperson, at least 1 meeting every 6 months. All such meetings shall \nbe open to the public. The Commission may hold, at the call of the \nChairperson, such other meetings as the Chairperson sees fit to carry \nout this title.\n ``(f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n ``(g) Initial Meeting.--The Commission shall hold its first meeting \nnot later than 60 days after the date of enactment of the Commission on \nEffective Regulation and Assessment Systems for Public Schools Act.\n\n``SEC. 10003. POWERS OF THE COMMISSION.\n\n ``(a) Hearings.--\n ``(1) In general.--The Commission shall hold such hearings, \n sit and act at such times and places, take such testimony, and \n receive such evidence as the Commission determines appropriate \n to carry out this title.\n ``(2) Participation.--In hearings held under this \n subsection, the Commission shall consider inviting witnesses \n from, among other groups--\n ``(A) teachers;\n ``(B) parents;\n ``(C) principals;\n ``(D) superintendents;\n ``(E) Federal, State, and local educational agency \n personnel;\n ``(F) researchers and other experts; and\n ``(G) any other individuals determined appropriate \n by the Commission.\n ``(b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out this title. Upon request of \nthe Chairperson, the head of such department or agency shall furnish \nsuch information to the Commission.\n\n``SEC. 10004. DUTIES OF THE COMMISSION.\n\n ``(a) Duties.--\n ``(1) In general.--The Commission shall take such actions \n as it determines necessary to gain a full understanding of the \n issues of effective regulation and assessment systems for \n public schools.\n ``(2) Areas of emphasis.--The Commission shall focus--\n ``(A) in examining the over-regulation of public \n schools, on--\n ``(i) examining Federal, State and local \n regulations governing public schools;\n ``(ii) differentiating between financial, \n programmatic, general education, special \n education, and civil rights requirements;\n ``(iii) identifying which government entity \n requires each regulation;\n ``(iv) measuring the cost of compliance in \n terms of funds spent on compliance and time in \n hours and personnel;\n ``(v) identifying duplicative, redundant, \n or unnecessary regulations at each governmental \n level; and\n ``(vi) investigating how Federal, State, \n and local interpretations of laws and \n regulations create additional or unnecessary \n burden and are used as rationale for imposing \n requirements that are not actually mandated by \n law; and\n ``(B) in examining the effective testing of public \n schools, on--\n ``(i) examining Federal, State, and local \n testing and standardized assessment \n requirements for public elementary schools, \n middle schools, and high schools;\n ``(ii) determining the purpose and intent \n of each such test or assessment, including \n whether it is intended to measure student \n achievement and growth, teacher and principal \n effectiveness, or system accountability;\n ``(iii) determining the frequency, length, \n and scheduling of such tests and assessments, \n and measuring, in hours and days, the student \n and teacher time spent on testing;\n ``(iv) examining standardized assessments \n required by Federal, State, or local \n requirements, excluding teacher-created tests \n and quizzes and formative assessments;\n ``(v) reporting on the quality of \n standardized assessments;\n ``(vi) examining reporting practices of \n test results and the degree to which they are \n returned in a timely manner with sufficient \n quality to be useful to parents, teachers and \n principals, and students to inform and improve \n their work, including targeting instruction to \n student needs, grading student work, and \n evaluating teacher and principal effectiveness;\n ``(vii) analyzing the ability of quality \n assessments to measure whether a student is \n prepared to graduate from high school and \n pursue college or a career without the need for \n academic remediation;\n ``(viii) examining what factors most \n contribute to quality assessments and the \n extent to which high-quality assessments can \n advance student learning;\n ``(ix) determining the technology \n infrastructure required for next generation \n assessments; and\n ``(x) identifying opportunities to improve \n assessment practices to better promote parent, \n teacher and principal, and student \n understanding of progress toward college and \n career readiness and public understanding of \n school performance and educational \n productivity.\n ``(3) Samples.--In conducting its work under this title, \n the Commission may rely on samples of States and local school \n districts for examples of regulations and testing requirements.\n ``(b) Reports.--\n ``(1) In general.--Subject to paragraph (2), the Commission \n shall provide regular reports in a manner and form of the \n Commission's choosing to--\n ``(A) the Secretary; and\n ``(B) the members of the relevant committees.\n ``(2) Annual report.--Not later than 1 year after the date \n of the first meeting of the Commission, and annually \n thereafter, the Commission shall issue a report to--\n ``(A) the Secretary; and\n ``(B) the members of the relevant committees.\n ``(3) Public report.--The Commission shall--\n ``(A) prepare a report--\n ``(i) analyzing findings of the Commission; \n and\n ``(ii) making recommendations for Federal, \n State, and local policy makers; and\n ``(B) broadly disseminate such report to the \n general public.\n ``(c) Testimony.--The Chairperson shall annually provide testimony \nto the relevant committees.\n\n``SEC. 10005. COMMISSION PERSONNEL MATTERS.\n\n ``(a) Compensation of Members.--Each member of the Commission shall \nserve without compensation in addition to any such compensation \nreceived for the member's service as an officer or employee of the \nUnited States, if applicable.\n ``(b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter 1 of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n ``(c) Assistance.--\n ``(1) In general.--The Assistant Secretary of Elementary \n and Secondary Education shall provide assistance to the \n Commission, upon request of the Commission, without \n reimbursement.\n ``(2) Detail of government employees.--Any Federal \n Government employee may be detailed to the Commission without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status or privilege.''.\n (b) Table of Contents.--The table of contents in section 2 of the \nElementary and Secondary Education Act of 1965 is amended by adding at \nthe end the following:\n\n ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS \n FOR PUBLIC SCHOOLS\n\n``Sec. 10001. Definitions.\n``Sec. 10002. Establishment of Commission on Effective Regulation and \n Assessment Systems for Public Schools.\n``Sec. 10003. Powers of the Commission.\n``Sec. 10004. Duties of the Commission.\n``Sec. 10005. Commission personnel matters.''.","summary":"Commission on Effective Regulation and Assessment Systems for Public Schools Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish the Commission on Effective Regulation and Assessment Systems for Public Schools, composed of certain government officials, educators, and education policy experts. Requires the Commission to: (1) examine the effect government regulations have on elementary and secondary education. (2) recommend ways to align and improve those regulations to improve performance and innovation in education. And (3) recommend ways to improve and align assessment systems to provide reliable and meaningful information to parents, teachers, and students to improve student achievement, teacher performance, and innovation.","title":"A bill to establish the Commission on Effective Regulation and Assessment Systems for Public Schools.","text_len":13382,"sum_len":797} {"bill_id":"112_hr2020","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preservation of Access to \nOsteoporosis Testing for Medicare Beneficiaries Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since 1997, Congress has recognized the importance of \n osteoporosis prevention by standardizing coverage under the \n Medicare program for bone mass measurement.\n (2) Osteoporosis remains underdiagnosed and undertreated \n despite numerous Federal initiatives, including recommendations \n of the United States Preventive Services Task Force, the 2004 \n United States Surgeon General's Report on Bone Health and \n Osteoporosis, and education, counseling, and referral for bone \n mass measurement during the Welcome to Medicare exam.\n (3) Even though osteoporosis is a highly manageable \n disease, many patients lack access to early diagnosis that can \n prevent debilitating fractures, morbidity, and loss of \n mobility.\n (4) Although Caucasians are most likely to sustain \n osteoporosis fractures, from 2005 to 2025 the cost of fractures \n among other populations is projected to increase by 175 percent \n for Latinos and Asian-Americans and 80 percent for African-\n Americans.\n (5) African-American women are more likely than Caucasian \n women to die following a hip fracture.\n (6) Osteoporosis is a critical women's health issue. Women \n account for 71 percent of fractures and 75 percent of \n osteoporosis-associated costs and the incidence of \n osteoporosis-related fractures is greater than the annual \n combined incidence, with respect to women, of heart attack, \n stroke, and breast cancer.\n (7) The World Health Organization, the Centers for Medicare \n & Medicaid Services, and other medical experts concur that the \n most widely accepted method of measuring bone mass to predict \n fracture risk is dual-energy x-ray absorptiometry (in this \n section referred to as ``DXA''). Vertebral fracture assessment \n (in this section referred to as ``VFA'') is another test used \n to identify patients at high risk for future fracture.\n (8) DXA is a cost-effective preventive test with proven \n results in real world settings. DXA testing increases the \n number of people diagnosed with osteoporosis and treated, \n dramatically reducing hip fractures and related costs.\n (9) DXA screening is associated with a significant (37 \n percent) reduction in hip fracture rates.\n (10) Unlike other imaging procedures, DXA remains severely \n underutilized, with only one in four women enrolled in the \n Medicare program getting a DXA every two years.\n (11) Underutilization of bone mass measurement will strain \n the Medicare budget because--\n (A) over half of all individuals in the United \n States who are age 50 or older have osteoporosis or low \n bone mass;\n (B) more than 52.4 million people in the United \n States had osteoporosis or low bone mass in 2010, as \n compared to 44 million people in the United States in \n 2002;\n (C) osteoporosis fractures are projected to \n increase by almost 50 percent from 2005 to 2025 with \n over 3 million fractures expected to occur annually by \n 2025;\n (D) the population aged 65 and older represents 89 \n percent of fracture costs; and\n (E) the economic burden of osteoporosis fractures \n is projected to increase by nearly 50 percent from 2005 \n to 2025, reaching 25.3 million in 2025.\n (12) Underutilization of bone mass measurement will also \n strain the Medicaid budget, which bears the cost of nursing \n home admissions for hip fractures for low-income Americans.\n (13) Reimbursement under the Medicare program for DXA \n provided in physician offices and other non-hospital settings \n was reduced by 50 percent and is scheduled to be reduced by a \n total of 62 percent by 2013. This drop represents one of the \n largest reimbursement reductions in the history of the Medicare \n program. Reimbursement for VFA will also be reduced by 30 \n percent by 2013.\n (14) The reduction in reimbursement discourages physicians \n from continuing to provide access to DXA or VFA in their \n offices. DXA testing for older women declined in 2009 for the \n first time since Congress passed the Bone Mass Measurement Act \n in 1997. Since two-thirds of all DXA scans are performed in \n non-facility settings, such as physician offices, patient \n access to bone mass measurement will continue to be severely \n compromised when more physicians discontinue providing such \n tests in their offices, thereby exacerbating the current \n underutilization of the benefit.\n\nSEC. 3. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.\n\n (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. \n1395w-4) is amended--\n (1) in subsection (b)--\n (A) in paragraph (4)(B), by striking ``for 2010 and \n 2011'' and inserting ``for each of 2010 through 2013''; \n and\n (B) in paragraph (6)--\n (i) in the matter preceding subparagraph \n (A), by striking ``and 2011'' and inserting ``, \n 2011, 2012, and 2013''; and\n (ii) in subparagraph (C), by striking ``and \n 2011'' and inserting ``, 2011, 2012, and \n 2013''; and\n (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or \n 2011'' and inserting ``, 2011, 2012, or 2013''.\n (b) Implementation.--Notwithstanding any other provision of law, \nthe Secretary may implement the amendments made by subsection (a) by \nprogram instruction or otherwise.","summary":"Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through 2013 the minimum payment amount for dual-energy x-ray absorptiometry (DXA) services for bone mass measurement.","title":"To amend title XVIII of the Social Security Act to improve access to, and utilization of, bone mass measurement benefits under the Medicare part B program by extending the minimum payment amount for bone mass measurement under such program through 2013.","text_len":6322,"sum_len":273} {"bill_id":"105_hr178","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Northern Ireland Fair Employment \nPractices and Principles of Economic Justice Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Currently, overall unemployment in Northern Ireland is \n approximately 13 percent, as compared to 9 percent in the rest \n of the United Kingdom.\n (2) Unemployment in the minority community in Northern \n Ireland is 16 percent (22 percent for males and 8 percent for \n females), and in some portions of the minority community \n unemployment has historically exceeded 70 percent.\n (3) The British Government Fair Employment Commission \n (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has \n consistently reported that a member of the minority community \n is two times more likely to be unemployed than a member of the \n majority community.\n (4) The Investor Responsibility Research Center (IRRC), \n Washington, District of Columbia, lists more than 90 United \n States companies doing business in Northern Ireland, which \n employ approximately 11,000 individuals.\n (5) The religious minority population of Northern Ireland \n is subject to discriminatory hiring practices by some United \n States businesses.\n (6) The MacBride Principles are a nine point set of \n guidelines for fair employment in Northern Ireland which \n establishes a corporate code of conduct to promote equal access \n to regional employment but does not require disinvestment, \n quotas, or reverse discrimination.\n\nSEC. 3. RESTRICTION ON IMPORTS.\n\n An article from Northern Ireland may not be entered, or withdrawn \nfrom warehouse for consumption, in the customs territory of the United \nStates unless there is presented at the time of entry to the customs \nofficer concerned documentation indicating that the enterprise which \nmanufactured or assembled such article was in compliance at the time of \nmanufacture with the principles described in section 5.\n\nSEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES.\n\n (a) Compliance.--Any United States person who--\n (1) has a branch or office in Northern Ireland, or\n (2) controls a corporation, partnership, or other \n enterprise in Northern Ireland,\nin which more than ten people are employed shall take the necessary \nsteps to ensure that, in operating such branch, office, corporation, \npartnership, or enterprise, those principles relating to employment \npractices set forth in section 5 are implemented and this Act is \ncomplied with.\n (b) Report.--Each United States person referred to in subsection \n(a) shall submit to the Secretary--\n (1) a detailed and fully documented annual report, signed \n under oath, on showing compliance with the provisions of this \n Act; and\n (2) such other information as the Secretary determines is \n necessary.\n\nSEC. 5. MACBRIDE PRINCIPLES OF ECONOMIC JUSTICE.\n\n The principles referred to in section 4 are the MacBride Principles \nof Economic Justice, which are as follows:\n (1) Increasing the representation of individuals from \n underrepresented religious groups in the workforce, including \n managerial, supervisory, administrative, clerical, and \n technical jobs.\n (2) Providing adequate security for the protection of \n minority employees at the workplace.\n (3) Banning provocative sectarian or political emblems from \n the workplace.\n (4) Providing that all job openings be advertised publicly \n and providing that special recruitment efforts be made to \n attract applicants from underrepresented religious groups.\n (5) Providing that layoff, recall, and termination \n procedures do not favor a particular religious group.\n (6) Abolishing job reservations, apprenticeship \n restrictions, and differential employment criteria which \n discriminate on the basis of religion.\n (7) Providing for the development of training programs that \n will prepare substantial numbers of minority employees for \n skilled jobs, including the expansion of existing programs and \n the creation of new programs to train, upgrade, and improve the \n skills of minority employees.\n (8) Establishing procedures to assess, identify, and \n actively recruit minority employees with the potential for \n further advancement.\n (9) Providing for the appointment of a senior management \n staff member to be responsible for the employment efforts of \n the entity and, within a reasonable period of time, the \n implementation of the principles described in paragraphs (1) \n through (8).\n\nSEC. 6. PROHIBITION.\n\n Nothing in this Act shall require quotas or reverse discrimination \nor mandate their use.\n\nSEC. 7. WAIVER OF PROVISIONS.\n\n (a) Waiver of Provisions.--In any case in which the President \ndetermines that compliance by a United States person with the \nprovisions of this Act would harm the national security of the United \nStates, the President may waive those provisions with respect to that \nUnited States person. The President shall publish in the Federal \nRegister each waiver granted under this section and shall submit to the \nCongress a justification for granting each such waiver. Any such waiver \nshall become effective at the end of ninety days after the date on \nwhich the justification is submitted to the Congress unless the \nCongress, within that ninety-day period, adopts a joint resolution \ndisapproving the waiver. In the computation of such ninety-day period, \nthere shall be excluded the days on which either House of Congress is \nnot in session because of an adjournment of more than three days to a \nday certain or because of an adjournment of the Congress sine die.\n (b) Consideration of Resolutions.--\n (1) Any resolution described in subsection (a) shall be \n considered in the Senate in accordance with the provisions of \n section 601(b) of the International Security Assistance and \n Arms Export Control Act of 1976.\n (2) For the purpose of expediting the consideration and \n adoption of a resolution under subsection (a) in the House of \n Representatives, a motion to proceed to the consideration of \n such resolution after it has been reported by the appropriate \n committee shall be treated as highly privileged in the House of \n Representatives.\n\nSEC. 8. DEFINITIONS AND PRESUMPTIONS.\n\n (a) Definitions.--For the purpose of this Act--\n (1) the term ``United States person'' means any United \n States resident or national and any domestic concern (including \n any permanent domestic establishment of any foreign concern);\n (2) the term ``Secretary'' means the Secretary of Commerce; \n and\n (3) the term ``Northern Ireland'' includes the counties of \n Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh.\n (b) Presumption.--A United States person shall be presumed to \ncontrol a corporation, partnership, or other enterprise in Northern \nIreland if--\n (1) the United States person beneficially owns or controls \n (whether directly or indirectly) more than 50 percent of the \n outstanding voting securities of the corporation, partnership, \n or enterprise;\n (2) the United States person beneficially owns or controls \n (whether directly or indirectly) 25 percent or more of the \n voting securities of the corporation, partnership, or \n enterprise, if no other person owns or controls (whether \n directly or indirectly) an equal or larger percentage;\n (3) the corporation, partnership, or enterprise is operated \n by the United States person pursuant to the provisions of an \n exclusive management contract;\n (4) a majority of the members of the board of directors of \n the corporation, partnership, or enterprise are also members of \n the comparable governing body of the United States person;\n (5) the United States person has authority to appoint the \n majority of the members of the board of directors of the \n corporation, partnership, or enterprise; or\n (6) the United States person has authority to appoint the \n chief operating officer of the corporation, partnership, or \n enterprise.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall take effect 180 days after the date of enactment of \nthis Act.","summary":"Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997 - Prohibits the importation into the United States of an article from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with the MacBride Principles of Economic Justice, a nine-point set of guidelines for fair employment in Northern Ireland. Requires any US person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than ten people are employed to insure implementation of such employment principles and compliance with this Act. Declares that nothing in this Act shall require quotas or reverse discrimination or mandate their use. Authorizes the President to waive the requirements of this Act in the interest of US national security.","title":"Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997","text_len":8820,"sum_len":920} {"bill_id":"114_s3347","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Know Before You Owe Private \nEducation Loan Act of 2016''.\n\nSEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT.\n\n (a) In General.--Section 128(e) of the Truth in Lending Act (15 \nU.S.C. 1638(e)) is amended--\n (1) by striking paragraph (3) and inserting the following:\n ``(3) Institutional certification required.--\n ``(A) In general.--Except as provided in \n subparagraph (B), before a creditor may issue any funds \n with respect to an extension of credit described in \n this subsection, the creditor shall obtain from the \n relevant institution of higher education where such \n loan is to be used for a student, such institution's \n certification of--\n ``(i) the enrollment status of the student;\n ``(ii) the student's cost of attendance at \n the institution as determined by the \n institution under part F of title IV of the \n Higher Education Act of 1965; and\n ``(iii) the difference between--\n ``(I) such cost of attendance; and\n ``(II) the student's estimated \n financial assistance, including such \n assistance received under title IV of \n the Higher Education Act of 1965 and \n other financial assistance known to the \n institution, as applicable.\n ``(B) Exception.--Notwithstanding subparagraph (A), \n a creditor may issue funds with respect to an extension \n of credit described in this subsection without \n obtaining from the relevant institution of higher \n education such institution's certification if such \n institution fails to provide within 15 business days of \n the creditor's request for such certification--\n ``(i) the requested certification; or\n ``(ii) notification that the institution \n has received the request for certification and \n will need additional time to comply with the \n certification request.\n ``(C) Loans disbursed without certification.--If a \n creditor issues funds without obtaining a \n certification, as described in subparagraph (B), such \n creditor shall report the issuance of such funds in a \n manner determined by the Director of the Bureau of \n Consumer Financial Protection.'';\n (2) by redesignating paragraphs (9), (10), and (11) as \n paragraphs (10), (11), and (12), respectively; and\n (3) by inserting after paragraph (8) the following:\n ``(9) Provision of information.--\n ``(A) Provision of information to students.--\n ``(i) Loan statement.--A creditor that \n issues any funds with respect to an extension \n of credit described in this subsection shall \n send loan statements, where such loan is to be \n used for a student, to borrowers of such funds \n not less than once every 3 months during the \n time that such student is enrolled at an \n institution of higher education.\n ``(ii) Contents of loan statement.--Each \n statement described in clause (i) shall--\n ``(I) report the borrower's total \n remaining debt to the creditor, \n including accrued but unpaid interest \n and capitalized interest;\n ``(II) report any debt increases \n since the last statement; and\n ``(III) list the current interest \n rate for each loan.\n ``(B) Notification of loans disbursed without \n certification.--On or before the date a creditor issues \n any funds with respect to an extension of credit \n described in this subsection, the creditor shall notify \n the relevant institution of higher education, in \n writing, of the amount of the extension of credit and \n the student on whose behalf credit is extended. The \n form of such written notification shall be subject to \n the regulations of the Bureau.\n ``(C) Annual report.--A creditor that issues funds \n with respect to an extension of credit described in \n this subsection shall prepare and submit an annual \n report to the Bureau containing the required \n information about private student loans to be \n determined by the Bureau, in consultation with the \n Secretary of Education.''.\n (b) Definition of Private Education Loan.--Section 140(a)(7)(A) of \nthe Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended--\n (1) by redesignating clause (ii) as clause (iii);\n (2) in clause (i), by striking ``and'' after the semicolon; \n and\n (3) by adding after clause (i) the following:\n ``(ii) is not made, insured, or guaranteed \n under title VII or title VIII of the Public \n Health Service Act (42 U.S.C. 292 et seq. and \n 296 et seq.); and''.\n (c) Regulations.--Not later than 365 days after the date of \nenactment of this Act, the Bureau of Consumer Financial Protection \nshall issue regulations in final form to implement paragraphs (3) and \n(9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), \nas amended by subsection (a). Such regulations shall become effective \nnot later than 6 months after their date of issuance.\n\nSEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.\n\n (a) Amendment to the Higher Education Act of 1965.--Section 487(a) \nof the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by \nstriking paragraph (28) and inserting the following:\n ``(28)(A) The institution shall--\n ``(i) upon the request of a private educational \n lender, acting in connection with an application \n initiated by a borrower for a private education loan in \n accordance with section 128(e)(3) of the Truth in \n Lending Act, provide certification to such private \n educational lender--\n ``(I) that the student who initiated the \n application for the private education loan, or \n on whose behalf the application was initiated, \n is enrolled or is scheduled to enroll at the \n institution;\n ``(II) of such student's cost of attendance \n at the institution as determined under part F \n of this title; and\n ``(III) of the difference between--\n ``(aa) the cost of attendance at \n the institution; and\n ``(bb) the student's estimated \n financial assistance received under \n this title and other assistance known \n to the institution, as applicable; and\n ``(ii) provide the certification described in \n clause (i), or notify the creditor that the institution \n has received the request for certification and will \n need additional time to comply with the certification \n request--\n ``(I) within 15 business days of receipt of \n such certification request; and\n ``(II) only after the institution has \n completed the activities described in \n subparagraph (B).\n ``(B) The institution shall, upon receipt of a \n certification request described in subparagraph (A)(i), and \n prior to providing such certification--\n ``(i) determine whether the student who initiated \n the application for the private education loan, or on \n whose behalf the application was initiated, has applied \n for and exhausted the Federal financial assistance \n available to such student under this title and inform \n the student accordingly; and\n ``(ii) provide the borrower whose loan application \n has prompted the certification request by a private \n education lender, as described in subparagraph (A)(i), \n with the following information and disclosures:\n ``(I) The amount of additional Federal \n student assistance for which the borrower is \n eligible and the potential advantages of \n Federal loans under this title, including \n disclosure of the fixed interest rates, \n deferments, flexible repayment options, loan \n forgiveness programs, and additional \n protections, and the higher student loan limits \n for dependent students whose parents are not \n eligible for a Federal Direct PLUS Loan.\n ``(II) The borrower's ability to select a \n private educational lender of the borrower's \n choice.\n ``(III) The impact of a proposed private \n education loan on the borrower's potential \n eligibility for other financial assistance, \n including Federal financial assistance under \n this title.\n ``(IV) The borrower's right to accept or \n reject a private education loan within the 30-\n day period following a private educational \n lender's approval of a borrower's application \n and about a borrower's 3-day right to cancel \n period.\n ``(C) For purposes of this paragraph, the terms `private \n educational lender' and `private education loan' have the \n meanings given such terms in section 140 of the Truth in \n Lending Act (15 U.S.C. 1650).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the effective date of the regulations described in \nsection 2(c).\n\nSEC. 4. REPORT.\n\n Not later than 24 months after the issuance of regulations under \nsection 2(c), the Director of the Bureau of Consumer Financial \nProtection and the Secretary of Education shall jointly submit to \nCongress a report on the compliance of institutions of higher education \nand private educational lenders with section 128(e)(3) of the Truth in \nLending Act (15 U.S.C. 1638(e)), as amended by section 2, and section \n487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as \namended by section 3. Such report shall include information about the \ndegree to which specific institutions utilize certifications in \neffectively encouraging the exhaustion of Federal student loan \neligibility and lowering student private education loan debt.","summary":"Know Before You Owe Private Student Loan Act of 2016 This bill amends the Truth in Lending Act to revise requirements for disclosures in private education loan applications. Before issuing a private education loan for a student attending an institution of higher education (IHE), lenders must obtain the IHE's certification of the student's enrollment status, the student's cost of attendance, and the difference between that cost and the student's estimated financial assistance. Lenders must: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE, (2) notify the relevant IHE of the loan amount and the student to whom it applies no later than the date funds are issued, and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. This bill amends title IV of the Higher Education Act of 1965 by requiring IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of federal financial aid assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation.","title":"Know Before You Owe Private Education Loan Act of 2016","text_len":12289,"sum_len":1538} {"bill_id":"113_hr1970","text":"SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT \n LIMIT IS REACHED.\n\n (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. \n1320b-15) is amended--\n (1) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (2) by inserting after subsection (a) the following new \n subsection:\n ``(b) Timely Payment of Benefits if Statutory Debt Limit Is \nReached.--\n ``(1) Disinvestment of fund to make current benefit \n payments.--For the purpose of making payment of cash benefits \n or administrative expenses during any debt limit default \n period, public debt obligations held by the applicable Federal \n fund shall be sold or redeemed in an amount not to exceed the \n sum of--\n ``(A) the face amount of obligations held by such \n fund which mature during such month; plus\n ``(B) the amount necessary only for the purpose of \n making payment of such benefits or administrative \n expenses and only to the extent cash assets of the \n applicable Federal fund are not available during such \n period for making payment of such benefits or \n administrative expenses.\n ``(2) Issuance of corresponding debt.--For purposes of \n undertaking the sale or redemption of public debt obligations \n held by the applicable Federal fund pursuant to paragraph (1), \n the Secretary of the Treasury shall issue corresponding public \n debt obligations to the public in order to obtain the amounts \n necessary for payment of benefits or administrative expenses \n from the applicable Federal fund, notwithstanding the public \n debt limit.\n ``(3) Definitions.--For purposes of this subsection--\n ``(A) Debt limit default period.--The term `debt \n limit default period' means a period for which cash \n benefits or administrative expenses would not otherwise \n be payable from the applicable Federal fund by reason \n of an inability to issue further public debt \n obligations because of the public debt limit.\n ``(B) Applicable federal fund.--The term \n `applicable Federal fund' means a Federal fund \n specified in paragraph (1) or (2) of subsection (d).''.\n (b) Conforming Amendments.--\n (1) Section 1145 of the Social Security Act, as amended by \n subsection (a), is amended--\n (A) by redesignating subsection (d) as subsection \n (e), and\n (B) by inserting after subsection (c) the following \n new subsection:\n ``(d) Public Debt Limit.--For purposes of this section, the term \n`public debt limit' means the limitation established under section 3101 \nof title 31, United States Code, as increased under section 3101A of \nsuch title.''.\n (2) Section 1145(c) of the Social Security Act, as amended \n by subsection (a), is amended by striking ``established under \n section 3101 of title 31, United States Code''.\n\nSEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT \n IS REACHED.\n\n Section 3101 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n ``(d) In the event that the Secretary of the Treasury is not able \nto issue obligations to make all payments authorized by law due to the \nlimitation under subsection (b) (as increased under section 3101A), the \nSecretary shall give equal priority to the following: payments of \nprincipal and interest on public debt; payments of amounts that the \nSecretary of Defense (and the Secretary of Homeland Security in the \ncase of the Coast Guard) determines to be necessary to continue pay and \nallowances (without interruption) to the Army, Navy, Air Force, Marine \nCorps, and Coast Guard, including reserve components thereof, who \nperform active service; payments determined by the President (and \nreported to the Congress) to be necessary to continue United States \npriorities of its vital national security interests; and payments for \nitems and services under title XVIII of the Social Security Act \n(relating to Medicare).''.\n\nSEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF \n LAPSED APPROPRIATIONS.\n\n (a) Continuance of Pay.--Chapter 19 of title 37, United States \nCode, is amended by adding at the end the following new section:\n\n``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED \n APPROPRIATIONS.\n\n ``(a) Definitions.--In this section:\n ``(1) The term `military personnel accounts' means the \n military personnel, reserve personnel, and National Guard \n personnel accounts of the Department of Defense, generally \n title I of an annual Department of Defense appropriations Act, \n and the corresponding accounts for the Department of Homeland \n Security used to provide pay and allowances for members of the \n Coast Guard.\n ``(2) The term `pay and allowances' means basic pay, \n bonuses and special pay, allowances and any other forms of \n compensation available for members of the armed forces under \n this title or otherwise paid from the military personnel \n accounts.\n ``(3) The term `period of lapsed appropriations', when used \n with respect to members of the armed forces, means any period \n during which appropriations are not available due to the \n absence of the timely enactment of any Act or joint resolution \n (including any Act or joint resolution making continuing \n appropriations) appropriating funds for the payment of the pay \n and allowances of members of the armed forces.\n ``(b) Appropriation of Funds To Continue Payment of Pay and \nAllowances.--For any period of lapsed appropriations, there are \nappropriated, out of any moneys in the Treasury not otherwise \nappropriated, to the Secretary of Defense (and the Secretary of \nHomeland Security in the case of the Coast Guard) to allow the \nSecretary of Defense (and the Secretary of Homeland Security in the \ncase of the Coast Guard) to continue to provide pay and allowances \n(without interruption) to members of the United States armed forces.\n ``(c) Limitation on Amounts Paid.--This section only authorizes the \nexpenditure of funds during a period of lapsed appropriations for the \npay and allowances of a member of the armed forces at a rate that is \nequal to the rate in effect for that member immediately before the \nstart of the period of lapsed appropriations. The rate for a member may \nneither exceed the rate in effect immediately before the start of the \nperiod of lapsed appropriations nor be less than that rate, unless \nreduced by disciplinary action under the Uniform Code of Military \nJustice.\n ``(d) Relation to Other Pay Authorities.--This section shall not be \nconstrued to affect the entitlement of a member of the armed forces to \nan amount of pay and allowances that exceeds the amount of pay and \nallowances authorized to be paid under this section and to which the \nmember becomes entitled under other applicable provisions of law.\n ``(e) Effect of End of Period of Lapsed Appropriations.--\nExpenditures made for any fiscal year pursuant to this section shall be \ncharged to the applicable appropriation, fund, or authorization \nwhenever the regular appropriation bill (or other bill or joint \nresolution making continuing appropriations through the end of the \nfiscal year) becomes law.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``1015. Continuance of pay and allowances during periods of lapsed \n appropriations.''.","summary":"Amends title XI of the Social Security Act with respect to the payment of cash benefits or administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund during any debt limit default period. Requires that during a debt limit default period public debt obligations held by the applicable federal fund be sold or redeemed in an amount not to exceed the sum of: (1) the face amount of obligations held by the fund which mature during the month in question. Plus (2) the amount necessary only to pay such benefits or administrative expenses, and only to the extent cash assets of the fund are not available during that period to make such payments. Directs the Secretary of the Treasury, in order to undertake the sale or redemption of public debt obligations held by the applicable federal fund, to issue corresponding public debt obligations to the public in order to obtain the amounts necessary to make such payments, notwithstanding the public debt limit. Declares that, in the event that the Secretary is not able to issue obligations to make all authorized payments because the public debt limit has been reached, the Secretary shall give equal priority to the following: (1) payments of principal and interest on public debt. (2) payments of amounts that the Secretary of Defense (DOD) determines to be necessary to continue pay and allowances to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their reserve components, who perform active service. (3) payments determined by the President to be necessary to continue US priorities of its vital national security interests. And (4) payments for items and services under SSA title XVIII (Medicare). Makes appropriations, for any period of lapsed appropriations, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense to continue to provide pay and allowances to members of the US armed forces.","title":"To direct the Secretary of the Treasury to ensure that social security benefits are paid, to prioritize payments when the United States is not able to issue new obligations due to the statutory debt limit, and to address a lapse in appropriations to fund the Armed Forces.","text_len":8106,"sum_len":2071} {"bill_id":"107_hr1149","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Education Technology Corps \nAct'' or as the ``NET Corps Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Elementary and secondary school students who receive \n regular access in school to Internet-accessible computers enjoy \n higher quality educational opportunities and are better \n prepared to succeed in college or the workplace.\n (2) Local educational agencies have made extraordinary \n gains in the acquisition of computers and other information \n technology equipment for schools. The Department of Education \n reported in January 2001 that each school contains on average \n 100 computers. In 1999, 63 percent of school rooms used for the \n instruction of students had access to the Internet.\n (3) However, local educational agencies are dedicating \n almost all of their information technology resources to \n equipment acquisition, while information technology training \n for teachers and other school staff receives little financial \n support. A CEO Forum on Education and Technology study \n indicated that, in the 1997-1998 school year, schools expended \n just five percent of their information technology budget on \n teacher training.\n (4) The Department of Education reported in 1999 that only \n 33 percent of public school teachers with access to computers \n and the Internet indicated that they were ``well prepared'' to \n integrate the use of computers and the Internet into their \n instruction.\n (5) As new information technologies are introduced into \n classrooms, teachers will need regular access to professional \n technology training.\n (6) The Corporation for National and Community Service \n established by section 191 of the National and Community \n Service Act of 1990 (42 U.S.C. 12651) has a proven record of \n mobilizing the most intelligent, qualified, and altruistic \n members of our communities for the purpose of meeting our \n Nation's most urgent needs.\n (7) The Volunteers in Service to America program, commonly \n known as VISTA, which is administered by the Corporation to \n efforts to eliminate and alleviate poverty and poverty-related \n problems in the United States, would provide a ready means to \n facilitate the expanded use of information technology in \n schools, libraries, and community centers, particularly in low-\n income areas, and to provide information technology training \n for teachers and administrators of school, library, and \n community center information technology networks.\n\nSEC. 3. CREATION OF NATIONAL EDUCATION TECHNOLOGY CORPS AS A PART OF \n VISTA.\n\n The Domestic Volunteer Service Act of 1973 is amended by inserting \nafter section 109 (42 U.S.C. 4959) the following new section:\n\n``SEC. 109A. NATIONAL EDUCATION TECHNOLOGY CORPS.\n\n ``(a) Establishment.--As part of the Volunteers in Service to \nAmerica program established under this part, the Director shall \nestablish a National Education Technology Corps for the purpose of \ndeveloping, strengthening, supplementing, and expanding efforts of the \nFederal Government, State and local governments, and public and \nnonprofit organizations to mobilize local, State, Federal, and private \nsector financial and volunteer resources--\n ``(1) to improve the ability of teachers, staff, students, \n and other persons to use information technology in schools, \n libraries, and community centers;\n ``(2) to provide information technology training for \n teachers so that teachers can incorporate the use of computers \n and other information technologies in classroom instruction; \n and\n ``(3) to provide technical support to administrators of \n school, library, and community center information technology \n networks.\n ``(b) Recruitment of Volunteers.--\n ``(1) Eligibility criteria.--In establishing the \n recruitment procedures under section 103(b) applicable to the \n selection and placement of volunteers for service in the \n National Education Technology Corps, the Director shall limit \n selection to individuals--\n ``(A) who already have sufficient experience or \n expertise regarding information technology and its uses \n to permit their prompt participation in the types of \n activities described in subsection (a); or\n ``(B) who, with minimal additional training (as \n determined by the Director), would be ready to \n participate in such activities.\n ``(2) Relationship to americorps.--A participant in a \n national service program assisted under subtitle C of title I \n of the National and Community Service Act of 1990 (42 U.S.C. \n 12571 et seq.), commonly known as the Americorps program, may \n be selected to also serve in the National Education Technology \nCorps if the participant meets the eligibility criteria in paragraph \n(2).\n ``(c) Placement.--\n ``(1) In general.--The Director shall assign volunteers \n selected for the National Education Technology Corps to \n projects and programs that utilize volunteers to perform the \n types of activities described in subsection (a). Such programs \n and projects may be administered by public or private nonprofit \n agencies and organizations, community-based nonprofit \n organizations, local and State education agencies, local and \n State agencies administering information technology programs, \n educational institutions, libraries, and local, municipal, and \n State governmental entities.\n ``(2) Technology plan.--A volunteer serving in the National \n Education Technology Corps may not be assigned to a school to \n perform services described in subsection (a) unless the school, \n or a local educational agency on behalf of the school, submits \n to the Director a technology plan that--\n ``(A) outlines the goals for the school's education \n technology; and\n ``(B) complies with such guidelines as the Director \n may establish.\n ``(3) Placement priority.--In the assignment of volunteers \n under this section, the Director shall give priority \n consideration to programs and projects to assist schools that--\n ``(A) are located in urban or rural areas with the \n highest concentrations of illiteracy and of low income \n individuals and families; or\n ``(B) have been unable to secure assistance for \n information technology improvements and training from \n other sources.\n ``(d) Partnerships With Qualified Nonprofit Organizations.--The \nDirector is authorized and encouraged to enter into partnerships with \nqualified nonprofit organizations that undertake the types of services \ndescribed in subsection (a) for schools, libraries, and community \ncenters to support and expand the efforts of these organizations.\n ``(e) Coordination With Department of Education.--The Director \nshall coordinate with the Secretary of Education in the training of \nvolunteers for the National Education Technology Corps to ensure that \nthe activities undertaken by the volunteers under this section is \nconsistent with the educational needs of schools.\n ``(f) Agreements with Private Sector.--The Director may enter into \nan agreement with a private sector business under which an employee of \nthe business who has experience or expertise regarding information \ntechnology and its uses will assist, without financial remuneration \nfrom the Director, on a full-time or part-time basis--\n ``(1) the National Education Technology Corps and programs \n and projects that receive volunteers to undertake the types of \n activities described in subsection (a); and\n ``(2) the Director in the training of National Education \n Technology Corps volunteers.\n ``(g) Effect of Funding Reduction.--In any fiscal year in which the \nservices provided under this part are reduced, the services provided \nunder this section shall be proportionately reduced.''.\n\nSEC. 4. INCOME TAX CREDIT FOR ASSISTANCE PROVIDED TO NATIONAL EDUCATION \n TECHNOLOGY CORPS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business related \ncredits) is amended by inserting after section 45D the following new \nsection:\n\n``SEC. 45E. NATIONAL EDUCATION TECHNOLOGY CORPS ASSISTANCE.\n\n ``(a) General Rule.--For purposes of section 38, the National \nEducation Technology Corps assistance credit determined under this \nsection for the taxable year is an amount equal to 20 percent of the \nsum of --\n ``(1) the wages paid or incurred by the taxpayer during the \n taxable year for qualified employee services, and\n ``(2) the amount allowed as a deduction under section 170 \n for the taxable year for qualified contributions.\n ``(b) Maximum Credit.--\n ``(1) National limitation.--The amount of credit determined \n under this section for all taxable years beginning in a \n calendar year shall not exceed $75,000,000.\n ``(2) Taxpayer limitation.--The amount of credit determined \n under this section for a taxpayer for a taxable year shall not \n exceed the portion of the national limitation under paragraph \n (1) for the calendar year in which such taxable year begins \n which is allocated by the National Education Technology Corps \n to such taxpayer for such year.\n ``(3) Per employee limit.--The credit determined under this \n section with respect to services performed by an employee \n during a taxable year shall not exceed $25,000 (or such lesser \n amount determined under paragraph (2)).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified employee services.--The term `qualified \n employee services' means any service furnished by an employee \n of the taxpayer through the National Education Technology \n Corps, either directly as a volunteer in the National Education \n Technology Corps or as a participant in a National Education \n Technology Corps partnership entered into under section 109A(d) \n of the Domestic Volunteer Service Act of 1973.\n ``(2) Qualified contribution.--The term `qualified \n contribution' means any contribution of tangible personal \n property to or for the benefit of the National Education \n Technology Corps.\n ``(3) Wages.--The term `wages' has the meaning given to \n such term by section 51.\n ``(d) Controlled Groups.--Rules similar to the rules of section \n1397(b) shall apply for purposes of this section.''.\n (b) Denial of Double Benefit.--Subsection (a) of section 280C of \nsuch Code is amended by inserting ``45E(a),'' after ``45A(a),''.\n (c) Credit Made Part of General Business Credit.--\n (1) In general.--Subsection (b) of section 38 of such Code \n (relating to current year business credit) is amended by \n striking ``plus'' at the end of paragraph (12), by striking the \n period at the end of paragraph (13) and inserting ``, plus'', \n and by adding at the end thereof the following new paragraph:\n ``(14) the National Education Technology Corps assistance \n credit determined under section 45E(a).''.\n (2) Limitation on carryback.--Subsection (d) of section 39 \n of such Code is amended by adding at the end the following new \n paragraph:\n ``(10) No carryback of national education technology corps \n assistance credit before effective date.--No portion of the \n unused business credit for any taxable year which is \n attributable to the credit determined under section 45E may be \n carried back to any taxable year ending before the date of the \n enactment of this paragraph.''.\n (3) Deduction for certain unused business credits.--\n Subsection (c) of section 196 of such Code is amended by \n striking ``and'' at the end of paragraph (8), by striking the \n period at the end of paragraph (9) and inserting ``, and'', and \n by adding after paragraph (9) the following new paragraph:\n ``(10) the National Education Technology Corps assistance \n credit determined under section 45E.''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 45D the following new \nitem:\n\n ``Sec. 45E. National Education Technology \n Corps assistance.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"National Education Technology Corps Act - Amends the Domestic Volunteer Service Act of 1973 to establish a National Education Technology Corps as part of the Volunteers in Service to America (VISTA) program, using VISTA volunteers and others with appropriate expertise, in partnerships to facilitate use of information technology in schools, libraries, and community centers. Amends the Internal Revenue Code to establish a business-related tax credit for employers for assistance to the NET Corps through their employees' services either as volunteers or as participants in partnerships.","title":"To amend the Domestic Volunteer Service Act of 1973 to create as a component of the Volunteers in Service to America program a technology corps that uses VISTA volunteers and other persons with expertise regarding information technology to facilitate the use of information technology in schools, libraries, and community centers, and for other purposes.","text_len":13531,"sum_len":588} {"bill_id":"105_hr123","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bill Emerson English Language \nEmpowerment Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares the following:\n (1) The United States is comprised of individuals and \n groups from diverse ethnic, cultural, and linguistic \n backgrounds.\n (2) The United States has benefited and continues to \n benefit from this rich diversity.\n (3) Throughout the history of the United States, the common \n thread binding individuals of differing backgrounds has been a \n common language.\n (4) In order to preserve unity in diversity, and to prevent \n division along linguistic lines, the Federal Government should \n maintain a language common to all people.\n (5) English has historically been the common language and \n the language of opportunity in the United States.\n (6) The purpose of this title is to help immigrants better \n assimilate and take full advantage of economic and occupational \n opportunities in the United States.\n (7) By learning the English language, immigrants will be \n empowered with the language skills and literacy necessary to \n become responsible citizens and productive workers in the \n United States.\n (8) The use of a single common language in conducting \n official businesss of the Federal Government will promote \n efficiency and fairness to all people.\n (9) English should be recognized in law as the language of \n official business of the Federal Government.\n (10) Any monetary savings derived from the enactment of \n this title should be used for the teaching of the English \n language to non-English-speaking immigrants.\n\nSEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT.\n\n (a) In General.--Title 4, United States Code, is amended by adding \nat the end the following new chapter:\n\n ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT\n\n``Sec.\n``161. Declaration of official language of Federal Government.\n``162. Preserving and enhancing the role of the official language.\n``163. Official Federal Government activities in English.\n``164. Standing.\n``165. Reform of naturalization requirements.\n``166. Application.\n``167. Rule of construction.\n``168. Affirmation of constitutional protections.\n``169. Definitions.\n``Sec. 161. Declaration of official language of Federal Government\n ``The official language of the Federal Government is English.\n``Sec. 162. Preserving and enhancing the role of the official language\n ``Representatives of the Federal Government shall have an \naffirmative obligation to preserve and enhance the role of English as \nthe official language of the Federal Government. Such obligation shall \ninclude encouraging greater opportunities for individuals to learn the \nEnglish language.\n``Sec. 163. Official Federal Government activities in English\n ``(a) Conduct of Business.--Representatives of the Federal \nGovernment shall conduct its official business in English.\n ``(b) Denial of Services.--No person shall be denied services, \nassistance, or facilities, directly or indirectly provided by the \nFederal Government solely because the person communicates in English.\n ``(c) Entitlement.--Every person in the United States is entitled--\n ``(1) to communicate with representatives of the Federal \n Government in English;\n ``(2) to receive information from or contribute information \n to the Federal Government in English; and\n ``(3) to be informed of or be subject to official orders in \n English.\n``Sec. 164. Standing\n ``A person injured by a violation of this chapter may in a civil \naction (including an action under chapter 151 of title 28) obtain \nappropriate relief.\n``Sec. 165. Reform of naturalization requirements\n ``(a) Fluency.--It has been the longstanding national belief that \nfull citizenship in the United States requires fluency in English. \nEnglish is the language of opportunity for all immigrants to take their \nrightful place in society in the United States.\n ``(b) Ceremonies.--All authorized officials shall conduct all \nnaturalization ceremonies entirely in English.\n``Sec. 166. Application\n ``Except as otherwise provided in this chapter, the provisions of \nthis chapter shall supersede any existing Federal law that contravenes \nsuch provisions (such as by requiring the use of a language other than \nEnglish for official business of the Federal Government).\n``Sec. 167. Rule of construction\n ``Nothing in this chapter shall be construed--\n ``(1) to prohibit a Member of Congress or an employee or \n official of the Federal Government, while performing official \n business, from communicating orally with another person in a \n language other than English;\n ``(2) to limit the preservation or use of Native Alaskan or \n Native American languages (as defined in the Native American \n Languages Act);\n ``(3) to discriminate against or restrict the rights of any \n individual in the country; and\n ``(4) to discourage or prevent the use of languages other \n than English in any nonofficial capacity.\n``Sec. 168. Affirmation of constitutional protections\n ``Nothing in this chapter shall be construed to be inconsistent \nwith the Constitution of the United States.\n``Sec. 169. Definitions\n ``For purposes of this chapter:\n ``(1) Federal government.--The term `Federal Government' \n means all branches of the national Government and all employees \n and officials of the national Government while performing \n official business.\n ``(2) Official business.--The term `official business' \n means governmental actions, documents, or policies which are \n enforceable with the full weight and authority of the Federal \n Government, and includes publications, income tax forms, and \n informational materials, but does not include--\n ``(A) teaching of languages;\n ``(B) requirements under the Individuals with \n Disabilities Education Act;\n ``(C) actions, documents, or policies necessary \n for--\n ``(i) national security issues; or\n ``(ii) international relations, trade, or \n commerce;\n ``(D) actions or documents that protect the public \n health and safety;\n ``(E) actions or documents that facilitate the \n activities of the Bureau of the Census in compiling any \n census of population;\n ``(F) actions, documents, or policies that are not \n enforceable in the United States;\n ``(G) actions that protect the rights of victims of \n crimes or criminal defendants;\n ``(H) actions in which the United States has \n initiated a civil lawsuit; or\n ``(I) using terms of art or phrases from languages \n other than English.\n ``(3) United states.--The term `United States' means the \n several States and the District of Columbia.''.\n (b) Conforming Amendment.--The table of chapters for title 4, \nUnited States Code, is amended by adding at the end the following new \nitem:\n\n``6. Language of the Federal Government..................... 161''.\n\nSEC. 4. PREEMPTION.\n\n This title (and the amendments made by this title) shall not \npreempt any law of any State.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by section 3 shall take effect on the date that \nis 180 days after the date of enactment of this Act.","summary":"Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the US Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.","title":"Bill Emerson English Language Empowerment Act of 1997","text_len":7955,"sum_len":753} {"bill_id":"113_hr5025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alisa's Law of 2014''.\n\nSEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED \n DRIVING.\n\n (a) In General.--Chapter 1 of title 23, United States Code, is \namended by adding at the end the following:\n``Sec. 171. Use of ignition interlock devices to prevent repeat \n intoxicated driving\n ``(a) Definitions.--In this section:\n ``(1) Alcohol concentration.--The term `alcohol \n concentration' means grams of alcohol per 100 milliliters of \n blood or grams of alcohol per 210 liters of breath.\n ``(2) Driving while intoxicated; driving under the \n influence.--The terms `driving while intoxicated' and `driving \n under the influence' mean driving or being in actual physical \n control of a motor vehicle in a State while having a blood \n alcohol concentration that is greater than or equal to the \n lesser of--\n ``(A) the blood alcohol concentration limit of the \n State in which the individual is driving; and\n ``(B) 0.08 percent.\n ``(3) Ignition interlock device.--The term `ignition \n interlock device' means an in-vehicle device that--\n ``(A) requires a driver to provide a breath sample \n prior to the motor vehicle starting; and\n ``(B) prevents a motor vehicle from starting if the \n alcohol concentration of the driver is above the legal \n limit.\n ``(4) Motor vehicle.--\n ``(A) In general.--The term `motor vehicle' means a \n vehicle driven or drawn by mechanical power and \n manufactured primarily for use on public highways.\n ``(B) Exclusions.--The term `motor vehicle' does \n not include--\n ``(i) a vehicle operated solely on a rail \n line; or\n ``(ii) a commercial vehicle.\n ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the \nrequirements of this subsection if the State has enacted and is \nenforcing a law that requires throughout the State the installation of \nan ignition interlock device for a minimum of 180 days on each motor \nvehicle operated by an individual who is convicted of driving while \nintoxicated or driving under the influence.\n ``(c) Withholding of Funds for Noncompliance.--\n ``(1) Fiscal year 2015.--On October 1, 2014, the Secretary \n shall withhold 1 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(2) Fiscal year 2016.--On October 1, 2015, the Secretary \n shall withhold 3 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(3) Fiscal year 2017 and thereafter.--On October 1, 2016, \n and on October 1 of each fiscal year thereafter, the Secretary \n shall withhold 5 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(d) Period of Availability of Withheld Funds; Effect of \nCompliance and Noncompliance.--\n ``(1) Period of availability of withheld funds.--Any funds \n withheld under subsection (c) from apportionment to a State \n shall remain available for apportionment to the State until the \n end of the third fiscal year following the fiscal year for \n which the funds are authorized to be appropriated.\n ``(2) Apportionment of withheld funds after compliance.--\n If, before the last day of the period for which funds withheld \n under subsection (c) from apportionment are to remain available \n for apportionment to a State under paragraph (1), the State \n meets the requirements of subsection (b), the Secretary shall, \n on the first day on which the State meets the requirements of \n subsection (b), apportion to the State the funds withheld under \n subsection (c) that remain available for apportionment to the \n State.\n ``(3) Period of availability of subsequently apportioned \n funds.--Any funds apportioned pursuant to paragraph (2)--\n ``(A) shall remain available for expenditure until \n the end of the third fiscal year following the fiscal \n year in which the funds are so apportioned; and\n ``(B) if not apportioned at the end of that period, \n shall lapse.\n ``(4) Effect of noncompliance.--If, at the end of the \n period for which funds withheld under subsection (c) from \n apportionment are available for apportionment to a State under \n paragraph (1), the State does not meet the requirements of \n subsection (b), the funds shall lapse.''.\n (b) Conforming Amendment.--The analysis for chapter 1 of title 23, \nUnited States Code, is amended by adding at the end the following:\n\n``171. Use of ignition interlock devices to prevent repeat intoxicated \n driving.''.","summary":"Alisa's Law of 2014 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2015-FY2017 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. Defines driving while intoxicated and driving under the influence as driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration greater than or equal to the lesser of: (1) the blood alcohol concentration limit of the state in which the individual is driving, or (2) 0.08. Requires an ignition interlock device to: (1) require a driver to provide a breath sample before the motor vehicle starts, and (2) prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit.","title":"Alisa's Law of 2014","text_len":5551,"sum_len":1010} {"bill_id":"108_hr1232","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technology Investment Incentive Act \nof 2003''.\n\nSEC. 2. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL EQUIPMENT.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting after section \n179A the following new section:\n\n``SEC. 179B. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL \n EQUIPMENT.\n\n ``(a) Treatment as Expenses.--A taxpayer may elect to treat the \ncost of any section 179B property as an expense which is not chargeable \nto capital account. Any cost so treated shall be allowed as a deduction \nfor the taxable year in which the section 179B property is placed in \nservice.\n ``(b) Section 179B Property.--For purposes of this section--\n ``(1) In general.--The term `section 179B property' means \n property--\n ``(A)(i) which is qualified technological equipment \n (as defined in section 168(i)(2)) to which section 168 \n applies, or\n ``(ii) which is qualified computer software to \n which section 167 applies,\n ``(B) which is section 1245 property (as defined in \n section 1245(a)(3)),\n ``(C) which is acquired by purchase (as defined in \n section 179(b)(2)) after the date of the enactment of \n this section and before September 11, 2004, for use in \n the active conduct of a trade or business, and\n ``(D) which is placed in service on or before \n September 11, 2004.\n ``(2) Qualified computer software.--The term `qualified \n computer software' means computer software (as defined in \n section 197(e)(3)(B)) which is described in section \n 197(e)(3)(A)(i).\n ``(c) Property Used Outside the United States Not Qualified.--No \ndeduction shall be allowed under subsection (a) with respect to \nproperty which is used predominantly outside the United States or with \nrespect to the portion of the cost of any property taken into account \nunder section 179.\n ``(d) Basis Reduction.--\n ``(1) In general.--For purposes of this title, the basis of \n any property shall be reduced by the amount of the deduction \n with respect to such property which is allowed by subsection \n (a).\n ``(2) Ordinary income recapture.--For purposes of section \n 1245, the amount of the deduction allowable under subsection \n (a) with respect to any property that is of a character subject \n to the allowance for depreciation shall be treated as a \n deduction allowed for depreciation under section 167.''.\n (b) Conforming Amendments.--\n (1) Section 263(a)(1) of such Code is amended by striking \n ``or'' at the end of subparagraph (G), by striking the period \n at the end of subparagraph (H) and inserting ``, or'', and by \n inserting after subparagraph (H) the following new \n subparagraph:\n ``(I) expenditures for which a deduction is allowed \n under section 179B.''.\n (2) Section 312(k)(3)(B) of such Code is amended by \n striking ``or 179A'' each place it appears in the heading and \n text and inserting ``, 179A, or 179B''.\n (3) Section 1016(a) of such Code is amended by striking \n ``and'' at the end of paragraph (29), by striking the period at \n the end of paragraph (30) and inserting ``, and'', and by \n inserting after paragraph (30) the following new paragraph:\n ``(31) to the extent provided in section 179B(d)(1),''.\n (4) Section 1245(a) of such Code is amended by inserting \n ``179B,'' after ``179A,'' both places it appears in paragraphs \n (2)(C) and (3)(C).\n (5) The table of contents for subpart B of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 179A the following new item:\n\n ``Sec. 179B. Expensing of software and \n qualified technological \n equipment.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\nSEC. 3. 3-YEAR DEPRECIATION OF WIRELESS TELECOMMUNICATIONS EQUIPMENT, \n ADVANCED SERVICES EQUIPMENT, NETWORK OR NETWORK SYSTEM \n EQUIPMENT, AND RESEARCH EXPENSES FOR SOFTWARE \n DEVELOPMENT.\n\n (a) In General.--Subsection (e) of section 168 of the Internal \nRevenue Code of 1986 (relating to classification of property) is \namended by adding after paragraph (5) the following new paragraph:\n ``(6) Certain property treated as 3-year property.--\n ``(A) In general.--The term `3-year property' \n includes property--\n ``(i) described in subparagraph (B), (C), \n or (D),\n ``(ii) acquired by purchase (as defined in \n section 179(b)(2)) after the date of the \n enactment of this paragraph and on or before \n September 11, 2004, and\n ``(iii) placed in service on or before \n September 11, 2004.\n ``(B) Wireless telecommunications equipment.--\n Property is described in this subparagraph if such \n property is equipment used in the transmission, \n reception, coordination, or switching of wireless \n telecommunications service.\n ``(C) Advanced services equipment.--Property is \n described in this subparagraph if such property is \n equipment (excluding cabling) used in the provision of \n Internet or electronic communications access services \n or support, or which supports access to electronic \n media and data and associated communications support, \n provided that such services or support, constitute or \n directly contribute to the provisions of advanced \n telecommunications capability.\n ``(D) Network or network system equipment.--\n Property is described in this subparagraph if such \n property is information technology equipment, including \n computer servers, hubs, bridges, switches and routers, \n which are interconnected so as to enable computers and \n peripherals to communicate with each other either \n individually or as a single unit.\n ``(E) Treatment under alternative system.--Property \n treated as 3-year property by this paragraph shall be \n treated as having a class life of 3 years for purposes \n of subsection (g).''\n (b) Research Expenses for Software Development.--Subsection (b) of \nsection 174 of such Code is amended by adding at the end the following \nnew paragraph:\n ``(3) Expenditures for software development.--Paragraph (1) \n shall be applied by substituting `36 months' for `60 months' in \n the case of expenditures for software development which are \n made after the date of the enactment of this paragraph and \n before September 11, 2004.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.","summary":"Technology Investment Incentive Act of 2003 - Amends the Internal Revenue Code to: (1) permit the expensing of certain technological equipment and computer software. And (2) include, for recovery purposes, as three-year property certain wireless telecommunications equipment, advanced services equipment, network or network system equipment, and research expenses for software development.","title":"To amend the Internal Revenue Code of 1986 to shorten the recovery period for the depreciation of certain property.","text_len":7790,"sum_len":389} {"bill_id":"114_hr5246","text":"SECTION 1. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.\n\n (a) In General.--The portion of the Texas City Ship Channel, Texas \nCity, Texas, described in subsection (b) shall not be subject to \nnavigational servitude beginning on the date of enactment of this Act.\n (b) Description.--The portion of the Texas City Ship Channel \ndescribed in this subsection is a tract or parcel containing 393.53 \nacres (17,142,111 square feet) of land situated in the City of Texas \nCity Survey, Abstract Number 681, and State of Texas Submerged Lands \nTracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract \nbeing more particularly described as follows:\n (1) Beginning at the intersection of an edge of fill along \n Galveston Bay with the most northerly east survey line of said \n City of Texas City Survey, Abstract No. 681, the same being a \n called 375.75 acre tract patented by the State of Texas to the \n City of Texas City and recorded in Volume 1941, Page 750 of the \n Galveston County Deed Records (G.C.D.R.), from which a found \n U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in \n the top of the Texas City Dike along the east side of Bay \n Street bears North 56\u000f 14' 32\" West, a distance of 6,045.31 \n feet and from which a found U.S. Army Corps of Engineers Brass \n Cap stamped ``R 4-2'' set in the top of the Texas City Dike \n along the east side of Bay Street bears North 49\u000f 13' 20\" West, \n a distance of 6,693.64 feet.\n (2) Thence, over and across said State Tracts 98A and 99A \n and along the edge of fill along said Galveston Bay, the \n following eight (8) courses and distances:\n (A) South 75\u000f 49' 13\" East, a distance of 298.08 \n feet to an angle point of the tract herein described.\n (B) South 81\u000f 16' 26\" East, a distance of 170.58 \n feet to an angle point of the tract herein described.\n (C) South 79\u000f 20' 31\" East, a distance of 802.34 \n feet to an angle point of the tract herein described.\n (D) South 75\u000f 57' 32\" East, a distance of 869.68 \n feet to a point for the beginning of a non-tangent \n curve to the right.\n (E) Easterly along said non-tangent curve to the \n right having a radius of 736.80 feet, a central angle \n of 24\u000f 55' 59\", a chord of South 68\u000f 47' 35\" East - \n 318.10 feet, and an arc length of 320.63 feet to a \n point for the beginning of a non-tangent curve to the \n left.\n (F) Easterly along said non-tangent curve to the \n left having a radius of 373.30 feet, a central angle of \n 31\u000f 57' 42\", a chord of South 66\u000f 10' 42\" East - 205.55 \n feet, and an arc length of 208.24 feet to a point for \n the beginning of a non-tangent curve to the right.\n (G) Easterly along said non-tangent curve to the \n right having a radius of 15,450.89 feet, a central \n angle of 02\u000f 04' 10\", a chord of South 81\u000f 56' 20\" East \n - 558.04 feet, and an arc length of 558.07 feet to a \n point for the beginning of a compound curve to the \n right and the northeasterly corner of the tract herein \n described.\n (H) Southerly along said compound curve to the \n right and the easterly line of the tract herein \n described, having a radius of 1,425.00 feet, a central \n angle of 133\u000f 08' 00\", a chord of South 14\u000f 20' 15\" \n East - 2,614.94 feet, and an arc length of 3,311.15 \n feet to a point on a line lying 125.00 feet northerly \n of and parallel with the centerline of an existing \n levee for the southeasterly corner of the tract herein \n described.\n (3) Thence, continuing over and across said State Tracts \n 98A and 99A and along lines lying 125.00 feet northerly of, \n parallel, and concentric with the centerline of said existing \n levee, the following twelve (12) courses and distances:\n (A) North 78\u000f 01' 58\" West, a distance of 840.90 \n feet to an angle point of the tract herein described.\n (B) North 76\u000f 58' 35\" West, a distance of 976.66 \n feet to an angle point of the tract herein described.\n (C) North 76\u000f 44' 33\" West, a distance of 1,757.03 \n feet to a point for the beginning of a tangent curve to \n the left.\n (D) Southwesterly, along said tangent curve to the \n left having a radius of 185.00 feet, a central angle of \n 82\u000f 27' 32\", a chord of South 62\u000f 01' 41\" West - 243.86 \n feet, and an arc length of 266.25 feet to a point for \n the beginning of a compound curve to the left.\n (E) Southerly, along said compound curve to the \n left having a radius of 4,535.58 feet, a central angle \n of 11\u000f 06' 58\", a chord of South 15\u000f 14' 26\" West - \n 878.59 feet, and an arc length of 879.97 feet to an \n angle point of the tract herein described.\n (F) South 64\u000f 37' 11\" West, a distance of 146.03 \n feet to an angle point of the tract herein described.\n (G) South 67\u000f 08' 21\" West, a distance of 194.42 \n feet to an angle point of the tract herein described.\n (H) North 34\u000f 48' 22\" West, a distance of 789.69 \n feet to an angle point of the tract herein described.\n (I) South 42\u000f 47' 10\" West, a distance of 161.01 \n feet to an angle point of the tract herein described.\n (J) South 42\u000f 47' 10\" West, a distance of 144.66 \n feet to a point for the beginning of a tangent curve to \n the right.\n (K) Westerly, along said tangent curve to the right \n having a radius of 310.00 feet, a central angle of 59\u000f \n 50' 28\", a chord of South 72\u000f 42' 24\" West - 309.26 \n feet, and an arc length of 323.77 feet to an angle \n point of the tract herein described.\n (L) North 77\u000f 22' 21\" West, a distance of 591.41 \n feet to the intersection of said parallel line with the \n edge of fill adjacent to the easterly edge of the Texas \n City Turning Basin for the southwesterly corner of the \n tract herein described, from which a found U.S. Army \n Corps of Engineers Brass Cap stamped ``SWAN 2'' set in \n the top of a concrete column set flush in the ground \n along the north bank of Swan Lake bears South 20\u000f 51' \n 58\" West, a distance of 4,862.67 feet.\n (4) Thence, over and across said City of Texas City Survey \n and along the edge of fill adjacent to the easterly edge of \n said Texas City Turning Basin, the following eighteen (18) \n courses and distances:\n (A) North 01\u000f 34' 19\" East, a distance of 57.40 \n feet to an angle point of the tract herein described.\n (B) North 05\u000f 02' 13\" West, a distance of 161.85 \n feet to an angle point of the tract herein described.\n (C) North 06\u000f 01' 56\" East, a distance of 297.75 \n feet to an angle point of the tract herein described.\n (D) North 06\u000f 18' 07\" West, a distance of 71.33 \n feet to an angle point of the tract herein described.\n (E) North 07\u000f 21' 09\" West, a distance of 122.45 \n feet to an angle point of the tract herein described.\n (F) North 26\u000f 41' 15\" West, a distance of 46.02 \n feet to an angle point of the tract herein described.\n (G) North 01\u000f 31' 59\" West, a distance of 219.78 \n feet to an angle point of the tract herein described.\n (H) North 15\u000f 54' 07\" West, a distance of 104.89 \n feet to an angle point of the tract herein described.\n (I) North 04\u000f 00' 34\" East, a distance of 72.94 \n feet to an angle point of the tract herein described.\n (J) North 06\u000f 46' 38\" West, a distance of 78.89 \n feet to an angle point of the tract herein described.\n (K) North 12\u000f 07' 59\" West, a distance of 182.79 \n feet to an angle point of the tract herein described.\n (L) North 20\u000f 50' 47\" West, a distance of 105.74 \n feet to an angle point of the tract herein described.\n (M) North 02\u000f 02' 04\" West, a distance of 184.50 \n feet to an angle point of the tract herein described.\n (N) North 08\u000f 07' 11\" East, a distance of 102.23 \n feet to an angle point of the tract herein described.\n (O) North 08\u000f 16' 00\" West, a distance of 213.45 \n feet to an angle point of the tract herein described.\n (P) North 03\u000f 15' 16\" West, a distance of 336.45 \n feet to a point for the beginning of a non-tangent \n curve to the left.\n (Q) Northerly along said non-tangent curve to the \n left having a radius of 896.08 feet, a central angle of \n 14\u000f 00' 05\", a chord of North 09\u000f 36' 03\" West - 218.43 \n feet, and an arc length of 218.97 feet to a point for \n the beginning of a non-tangent curve to the right.\n (R) Northerly along said non-tangent curve to the \n right having a radius of 483.33 feet, a central angle \n of 19\u000f 13' 34\", a chord of North 13\u000f 52' 03\" East - \n 161.43 feet, and an arc length of 162.18 feet to a \n point for the northwesterly corner of the tract herein \n described.\n (5) Thence, continuing over and across said City of Texas \n City Survey, and along the edge of fill along said Galveston \n Bay, the following fifteen (15) courses and distances:\n (A) North 30\u000f 45' 02\" East, a distance of 189.03 \n feet to an angle point of the tract herein described.\n (B) North 34\u000f 20' 49\" East, a distance of 174.16 \n feet to a point for the beginning of a non-tangent \n curve to the right.\n (C) Northeasterly along said non-tangent curve to \n the right having a radius of 202.01 feet, a central \n angle of 25\u000f 53' 37\", a chord of North 33\u000f 14' 58\" East \n - 90.52 feet, and an arc length of 91.29 feet to a \n point for the beginning of a non-tangent curve to the \n left.\n (D) Northeasterly along said non-tangent curve to \n the left having a radius of 463.30 feet, a central \n angle of 23\u000f 23' 57\", a chord of North 48\u000f 02' 53\" East \n - 187.90 feet, and an arc length of 189.21 feet to a \n point for the beginning of a non-tangent curve to the \n right.\n (E) Northeasterly along said non-tangent curve to \n the right having a radius of 768.99 feet, a central \n angle of 16\u000f 24' 19\", a chord of North 43\u000f 01' 40\" East \n - 219.43 feet, and an arc length of 220.18 feet to an \n angle point of the tract herein described.\n (F) North 38\u000f 56' 50\" East, a distance of 126.41 \n feet to an angle point of the tract herein described.\n (G) North 42\u000f 59' 50\" East, a distance of 128.28 \n feet to a point for the beginning of a non-tangent \n curve to the right.\n (H) Northerly along said non-tangent curve to the \n right having a radius of 151.96 feet, a central angle \n of 68\u000f 36' 31\", a chord of North 57\u000f 59' 42\" East - \n 171.29 feet, and an arc length of 181.96 feet to a \n point for the most northerly corner of the tract herein \n described.\n (I) South 77\u000f 14' 49\" East, a distance of 131.60 \n feet to an angle point of the tract herein described.\n (J) South 84\u000f 44' 18\" East, a distance of 86.58 \n feet to an angle point of the tract herein described.\n (K) South 58\u000f 14' 45\" East, a distance of 69.62 \n feet to an angle point of the tract herein described.\n (L) South 49\u000f 44' 51\" East, a distance of 149.00 \n feet to an angle point of the tract herein described.\n (M) South 44\u000f 47' 21\" East, a distance of 353.77 \n feet to a point for the beginning of a non-tangent \n curve to the left.\n (N) Easterly along said non-tangent curve to the \n left having a radius of 253.99 feet, a central angle of \n 98\u000f 53' 23\", a chord of South 83\u000f 28' 51\" East - 385.96 \n feet, and an arc length of 438.38 feet to an angle \n point of the tract herein described.\n (O) South 75\u000f 49' 13\" East, a distance of 321.52 \n feet to the point of beginning and containing 393.53 \n acres (17,142,111 square feet) of land.","summary":"This bill declares that a specified portion of the Texas City Ship Channel, Texas City, Texas, shall not be subject to navigational servitude.","title":"To remove the Federal claim to navigational servitude for a parcel of land in Texas City, Texas, and for other purposes.","text_len":13995,"sum_len":142} {"bill_id":"114_hr3961","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Price Index for Elderly \nConsumers Act of 2015''.\n\nSEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.\n\n (a) In General.--The Bureau of Labor Statistics of the Department \nof Labor shall prepare and publish an index for each calendar month to \nbe known as the ``Consumer Price Index for Elderly Consumers'' that \nindicates changes over time in expenditures for consumption which are \ntypical for individuals in the United States who are 62 years of age or \nolder.\n (b) Effective Date.--Subsection (a) shall apply with respect to \ncalendar months ending on or after July 31 of the calendar year \nfollowing the calendar year in which this Act is enacted.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out the provisions of \nthis section.\n\nSEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.\n\n (a) Amendments to Title II.--\n (1) In general.--Section 215(i) of the Social Security Act \n (42 U.S.C. 415(i)) is amended--\n (A) in paragraph (1)(G), by inserting before the \n period the following: ``, and, solely with respect to \n any monthly insurance benefit payable under this title \n to an individual who has attained age 62, effective for \n adjustments under this subsection to the primary \n insurance amount on which such benefit is based (or to \n any such benefit under section 227 or 228) occurring \n after such individual attains such age, the applicable \n Consumer Price Index shall be deemed to be the Consumer \n Price Index for Elderly Consumers and such primary \n insurance amount shall be deemed adjusted under this \n subsection using such Index''; and\n (B) in paragraph (4), by striking ``and by section \n 9001'' and inserting ``, by section 9001'', and by \n inserting after ``1986,'' the following: ``and by \n section 3(a) of the Consumer Price Index for Elderly \n Consumers Act of 2015,''.\n (2) Conforming amendments in applicable former law.--\n Section 215(i)(1)(C) of such Act, as in effect in December 1978 \n and applied in certain cases under the provisions of such Act \n in effect after December 1978, is amended by inserting before \n the period the following: ``, and, solely with respect to any \n monthly insurance benefit payable under this title to an \n individual who has attained age 62, effective for adjustments \n under this subsection to the primary insurance amount on which \n such benefit is based (or to any such benefit under section 227 \n or 228) occurring after such individual attains such age, the \n applicable Consumer Price Index shall be deemed to be the \n Consumer Price Index for Elderly Consumers and such primary \n insurance amount shall be deemed adjusted under this subsection \n using such Index''.\n (3) Effective date.--The amendments made by paragraph (1) \n shall apply to determinations made with respect to cost-of-\n living computation quarters ending on or after September 30 of \n the second calendar year following the calendar year in which \n this Act is enacted.\n (b) Amendments to Title XVIII.--\n (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et \n seq.) is amended--\n (A) in section 1814(i)(2)(B) (42 U.S.C. \n 1395f(i)(2)(B)), by inserting ``(i) for accounting \n years ending before October 1 of the second calendar \n year following the calendar year in which the Consumer \n Price Index for Elderly Consumers Act of 2015 was \n enacted,'' after ``for a year is'', and by inserting \n after ``fifth month of the accounting year'' the \n following: ``, and (ii) for accounting years ending \n after October 1 of such calendar year, the cap amount \n determined under clause (i) for the last accounting \n year referred to in such clause, increased or decreased \n by the same percentage as the percentage increase or \n decrease, respectively, in the medical care expenditure \n category (or corresponding category) of the Consumer \n Price Index for Elderly Consumers, published by the \n Bureau of Labor Statistics, from March of such calendar \n year to the fifth month of the accounting year'';\n (B) in section 1821(c)(2)(C)(ii)(II) (42 U.S.C. \n 1395i-5(c)(2)(C)(ii)(II)), by striking ``consumer price \n index for all urban consumers (all items; United States \n city average)'' and inserting ``Consumer Price Index \n for Elderly Consumers'';\n (C) in section 1833(h)(2)(A)(i) (42 U.S.C. \n 1395l(h)(2)(A)(i)) by striking ``Consumer Price Index \n for All Urban Consumers (United States city average)'' \n and inserting ``Consumer Price Index for Elderly \n Consumers'';\n (D) in section 1833(i)(2)(C)(i) (42 U.S.C. \n 1395l(i)(2)(C)(i)), by striking ``Consumer Price Index \n for all urban consumers (U.S. city average)'' and \n inserting ``Consumer Price Index for Elderly \n Consumers'';\n (E) in section 1834(a)(14)(L) (42 U.S.C. \n 1395m(a)(14)(L)), by striking ``consumer price index \n for all urban consumers (U.S. urban average)'' and \n inserting ``applicable consumer price index'';\n (F) in section 1834(h)(4)(A)(xi)(I) (42 U.S.C. \n 1395m(h)(4)(A)(xi)(I)), by striking ``consumer price \n index for all urban consumers (United States city \n average)'' and inserting ``Consumer Price Index for \n Elderly Consumers'';\n (G) in section 1834(l)(3)(B) (42 U.S.C. \n 1395m(l)(3)(B)), by striking ``consumer price index for \n all urban consumers (U.S. city average)'' and inserting \n ``Consumer Price Index for Elderly Consumers'';\n (H) in section 1839(i)(5)(A)(ii) (42 U.S.C. \n 1395r(i)(5)(A)(ii)), by striking ``Consumer Price Index \n (United States city average)'' and inserting ``Consumer \n Price Index for Elderly Consumers'';\n (I) in section 1842(s)(1)(B)(ii)(I) (42 U.S.C. \n 1395u(s)(1)(B)(ii)(I)), by striking ``consumer price \n index for all urban consumers (United States city \n average)'' and inserting ``Consumer Price Index for \n Elderly Consumers'';\n (J) in each of subparagraphs (D)(ii) and (E)(i)(II) \n of section 1860D-14(a)(3) (42 U.S.C. 1395w-114(a)(3)) \n and in section 1860D-14(a)(4)(A)(ii) (42 U.S.C. 1395w-\n 114(a)(4)(A)(ii)), by striking ``consumer price index \n (all items; U.S. city average)'' and inserting \n ``Consumer Price Index for Elderly Consumers'';\n (K) in section 1882(p)(11)(C)(ii) (42 U.S.C. \n 1395ss(p)(11)(C)(ii)), by striking ``Consumer Price \n Index for all urban consumers (all items; U.S. city \n average)'' and inserting ``Consumer Price Index for \n Elderly Consumers'';\n (L) in each of clauses (iv) and (vi)(II) of section \n 1886(h)(2)(E) (42 U.S.C. 1395ww(h)(2)(E)), by striking \n ``for all urban consumers''; and\n (M) in section 1886(h)(5)(B) (42 U.S.C. \n 1395ww(h)(5)(B)), by striking ``Consumer Price Index \n for All Urban Consumers (United States city average)'' \n and inserting ``Consumer Price Index for Elderly \n Consumers''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply with respect to determinations made for periods \n ending after December 31 of the second calendar year following \n the calendar year in which this Act was enacted.","summary":"Consumer Price Index for Elderly Consumers Act of 2015 This bill amends titles II and XVIII (Medicare) of the Social Security Act to compute cost-of-living increases for Social Security and Medicare benefits using a new index in place of the current Consumer Price Index (CPI) for All Urban Consumers. The Bureau of Labor Statistics must prepare and publish, for this purpose,nbsp. A monthly CPI for Elderly Consumers that reflects changes over time to expenditures typical for individuals aged 62 and older.","title":"Consumer Price Index for Elderly Consumers Act of 2015","text_len":8621,"sum_len":508} {"bill_id":"109_hr3945","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane Katrina Financial Services \nRelief Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) On August 29, 2005, Hurricane Katrina, a category 4 \n storm with an impact area of 90,000 square miles, reached \n landfall devastating the States of Louisiana, Mississippi and \n Alabama, causing loss of life and property.\n (2) Levee breaches in the flood control system for the city \n of New Orleans as a result of Hurricane Katrina resulted in \n tragic flooding, causing additional loss of life and property.\n (3) Due to the substantial damage to both property and \n infrastructure, more than 1,000,000 people were made homeless \n or brought under financial duress by the effects of Hurricane \n Katrina.\n (4) At least 120 insured depository institutions and 96 \n insured credit unions are located in the areas of Texas, \n Louisiana, Mississippi and Alabama, declared as major disaster \n areas by the President.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Appropriate federal banking agency.--The term \n ``appropriate Federal banking agency'' has the same meaning as \n in section 3 of the Federal Deposit Insurance Act.\n (2) Insured credit union.--The term ``insured credit \n union'' has the same meaning as in section 101 of the Federal \n Credit Union Act.\n (3) Insured depository institution.--The term ``insured \n depository institution'' has the same meaning as in section 3 \n of the Federal Deposit Insurance Act.\n (4) Qualified disaster area.--The term ``qualified disaster \n area'' means any area within Alabama, Louisiana, Florida, or \n Mississippi in which the President, pursuant to section 401 of \n the Robert T. Stafford Disaster Relief and Emergency Assistance \n Act, has determined, on or after August 25, 2005, that a major \n disaster exists due to Hurricane Katrina.\n\nSEC. 4. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS.\n\n It is the sense of the Congress that--\n (1) it is vital that insured depository institutions and \n insured credit unions continue to provide financial services to \n consumers displaced or otherwise affected by Hurricane Katrina, \n which includes the cashing of Federal government assistance and \n benefit checks;\n (2) the Secretary of the Treasury and the Federal financial \n regulators should seek to educate insured depository \n institutions and insured credit unions on the proper \n application of the guidance issued by the Secretary on cashing \n of Federal government assistance and benefit checks and \n published in the Federal Register while such guidance is in \n effect; and\n (3) the Federal financial regulators should continue to \n work with the insured depository institutions and insured \n credit unions operating under extraordinary circumstances to \n facilitate the cashing of Federal government assistance and \n benefit checks.\n\nSEC. 5. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES.\n\n Notwithstanding section 11A of the Federal Reserve Act or any other \nprovision of law, during the effective period of this section, a \nFederal reserve bank shall waive or rebate any transaction fee for wire \ntransfer services that otherwise would be imposed on any insured \ndepository institution or insured credit union that as of August 28, \n2005, was headquartered in a qualified disaster area.\n\nSEC. 6. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED \n INSTITUTIONS.\n\n (a) In General.--Notwithstanding section 38 of the Federal Deposit \nInsurance Act, section 216 of the Federal Credit Union Act, or any \nother provision of Federal law, during the 18-month period beginning on \nthe date of enactment of this Act, the appropriate Federal banking \nagency and the National Credit Union Administration may forbear from \ntaking any action required under any such section or provision, on a \ncase-by-case basis, with respect to any undercapitalized insured \ndepository institution or undercapitalized insured credit union that is \nnot significantly or critically undercapitalized, if such agency or \nAdministration determines that--\n (1) the insured depository institution or insured credit \n union derives more than 50 percent of its total deposits from \n persons who normally reside within, or whose principal place of \n business is normally within, a qualified disaster area;\n (2) the insured depository institution or insured credit \n union was at least adequately capitalized as of August 25, \n 2005;\n (3) the reduction in the capital or net worth category of \n the insured depository institution or insured credit union is \n directly attributable to the impact of Hurricane Katrina; and\n (4) forbearance from any such action--\n (A) would facilitate the recovery of the insured \n depository institution or insured credit union from the \n disaster in accordance with a recovery plan or a \n capital or net worth restoration plan established by \n such depository institution or credit union; and\n (B) would be consistent with safe and sound \n practices.\n (b) Capital and Net Worth Categories Defined.--For purposes of this \nsection, the terms relating to capital categories for insured \ndepository institutions have the same meaning as in section 38(b)(1) of \nthe Federal Deposit Insurance Act and the terms relating to net worth \ncategories for insured credit unions have the same meaning as in \nsection 216(c)(1) of the Federal Credit Union Act.\n\nSEC. 7. DEPOSIT OF INSURANCE PROCEEDS.\n\n (a) In General.--The appropriate Federal banking agency and the \nNational Credit Union Administration may, by order, permit an insured \ndepository institution or insured credit union, during the 18-month \nperiod beginning on the date of enactment of this Act, to subtract from \nsuch institution's or credit union's total assets in calculating \ncompliance with the leverage limit, applicable under section 38 of the \nFederal Deposit Insurance Act or section 216(c)(2) of the Federal \nCredit Union Act with respect to such insured depository institution or \ninsured credit union, an amount not exceeding the qualifying amount \nattributable to insurance proceeds, if the agency or Administration \ndetermines that--\n (1) such institution or credit union--\n (A) derives more than 50 percent of its total \n deposits from persons who normally reside within, or \n whose principal place of business is normally within, a \n qualified disaster area;\n (B) was at least adequately capitalized as of \n August 25, 2005; and\n (C) has an acceptable plan for managing the \n increase in its total assets and total deposits; and\n (2) the subtraction is consistent with the purpose of \n section 38 of the Federal Deposit Insurance Act, in the case of \n an insured depository institution, and section 216 of the \n Federal Credit Union Act, in the case of an insured credit \n union.\n (b) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Leverage limit.--The term ``leverage limit''--\n (A) with respect to an insured depository \n institution, has the same meaning as in section 38 of \n the Federal Deposit Insurance Act; and\n (B) with respect to an insured credit union, means \n the net worth ratio that corresponds to the leverage \n limit, as established in accordance with section \n 216(c)(2).\n (2) Qualifying amount attributable to insurance proceeds.--\n The term ``qualifying amount attributable to insurance \n proceeds'' means the amount (if any) by which the institution's \n or credit union's total assets exceed the institution's or \n credit union's average total assets during the calendar quarter \n ending before the date of the earliest Presidential \n determination referred to in section 3(4), because of the \n deposit of insurance payments or governmental assistance, \n including government disaster relief payments, made with \n respect to damage caused by, or other costs resulting from, the \n major disaster within a qualified disaster area.\n\nSEC. 8. EFFECTIVE PERIOD.\n\n (a) In General.--Except as provided in sections 4(2), 6(a), and \n7(a) and subject to subsection (b), the provisions of this Act shall \nnot apply after the end of the 180-day period beginning on the date of \nthe enactment of this Act.\n (b) 30-Day Extension Authorized.--With respect to the provisions of \nsection 5, the 180-day period referred to in subsection (a) may be \nextended for 1 additional 30-day period upon a determination by the \nBoard of Governors of the Federal Reserve System that such extension is \nappropriate to achieve the purposes of this Act.\n\n Passed the House of Representatives October 27, 2005.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Hurricane Katrina Financial Services Relief Act of 2005 - Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of federal government assistance and benefit checks. Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the guidance on cashing of federal government assistance and benefit checks. Urges federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of federal government assistance and benefit checks. Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of August 28, 2005, was headquartered in a qualified disaster area. Authorizes a federal financial regulator in specified circumstances to: (1) forbear from taking any action, on a case-by-case basis, with respect to any undercapitalized insured entity that is not significantly or critically undercapitalized. And (2) permit such entity, in calculating compliance with the applicable leverage limit, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds. Identifies such an insured entity as one that: (1) derives more than 50 of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area, (2) was adequately capitalized as of August 25, 2005. (3) incurred reduction of its capital or net worth category as a direct result of Hurricane Katrina. (4) has established a recovery plan, or a capital or net worth restoration plan. And (5) has an acceptable plan for managing the increase in its total assets and deposits. Terminates the application of this Act 180 days after its enactment. Allows one additional 30-day extension by the Board of Governors of the Federal Reserve System of the application period.","title":"Agreed to amend the title so as to read: \"A Bill to facilitate recovery from the effects of Hurricane Katrina by providing greater flexibility for, and temporary waivers of certain requirements and fees imposed on, depository institutions, credit unions, and Federal regulatory agencies, and for other purposes\".","text_len":9789,"sum_len":2281} {"bill_id":"114_hr4308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission to Study the Potential \nCreation of a National Museum of Asian Pacific American History and \nCulture Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the \n Commission to Study the Potential Creation of a National Museum \n of Asian Pacific American History and Culture established by \n section 3(a).\n (2) Museum.--The term ``Museum'' means the National Museum \n of Asian Pacific American History and Culture.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) In General.--There is established the Commission to Study the \nPotential Creation of a National Museum of Asian Pacific American \nHistory and Culture.\n (b) Membership.--The Commission shall be composed of 8 members, of \nwhom--\n (1) 2 members shall be appointed by the majority leader of \n the Senate;\n (2) 2 members shall be appointed by the Speaker of the \n House of Representatives;\n (3) 2 members shall be appointed by the minority leader of \n the Senate; and\n (4) 2 members shall be appointed by the minority leader of \n the House of Representatives.\n (c) Qualifications.--Members of the Commission shall be appointed \nto the Commission from among individuals, or representatives of \ninstitutions or entities, who possess--\n (1)(A) a demonstrated commitment to the research, study, or \n promotion of Asian Pacific American history, art, political or \n economic status, or culture; and\n (B)(i) expertise in museum administration;\n (ii) expertise in fundraising for nonprofit \n or cultural institutions;\n (iii) experience in the study and teaching \n of Asian Pacific American history;\n (iv) experience in studying the issue of \n the representation of Asian Pacific Americans \n in art, life, history, and culture at the \n Smithsonian Institution; or\n (v) extensive experience in public or \n elected service;\n (2) experience in the administration of, or the planning \n for, the establishment of, museums; or\n (3) experience in the planning, design, or construction of \n museum facilities.\n (d) Prohibition.--No employee of the Federal Government may serve \nas a member of the Commission.\n (e) Deadline for Initial Appointment.--The initial members of the \nCommission shall be appointed not later than the date that is 90 days \nafter the date of enactment of this Act.\n (f) Vacancies.--A vacancy in the Commission--\n (1) shall not affect the powers of the Commission; and\n (2) shall be filled in the same manner as the original \n appointment was made.\n (g) Chairperson.--The Commission shall, by majority vote of all of \nthe members, select 1 member of the Commission to serve as the \nChairperson of the Commission.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n (a) Reports.--\n (1) Plan of action.--The Commission shall submit to the \n President and Congress a report containing the recommendations \n of the Commission with respect to a plan of action for the \n establishment and maintenance of a National Museum of Asian \n Pacific American History and Culture in Washington, DC.\n (2) Report on issues.--The Commission shall submit to the \n President and Congress a report that addresses the following \n issues:\n (A) The availability and cost of collections to be \n acquired and housed in the Museum.\n (B) The impact of the Museum on regional Asian \n Pacific American history-related museums.\n (C) Potential locations for the Museum in \n Washington, DC, and its environs.\n (D) Whether the Museum should be part of the \n Smithsonian Institution.\n (E) The governance and organizational structure \n from which the Museum should operate.\n (F) Best practices for engaging Asian Pacific \n Americans in the development and design of the Museum.\n (G) The cost of constructing, operating, and \n maintaining the Museum.\n (3) Deadline.--The reports required under paragraphs (1) \n and (2) shall be submitted not later than the date that is 18 \n months after the date of the first meeting of the Commission.\n (b) Fundraising Plan.--\n (1) In general.--The Commission shall develop a fundraising \n plan to support the establishment, operation, and maintenance \n of the Museum through contributions from the public.\n (2) Considerations.--In developing the fundraising plan \n under paragraph (1), the Commission shall consider issues \n relating to funding the operations and maintenance of the \n Museum in perpetuity without reliance on appropriations of \n Federal funds.\n (3) Independent review.--The Commission shall obtain an \n independent review of the viability of the plan developed under \n paragraph (1) and such review shall include an analysis as to \n whether the plan is likely to achieve the level of resources \n necessary to fund the construction of the Museum and the \n operations and maintenance of the Museum in perpetuity without \n reliance on appropriations of Federal funds.\n (4) Submission.--The Commission shall submit the plan \n developed under paragraph (1) and the review conducted under \n paragraph (3) to the Committees on Transportation and \n Infrastructure, House Administration, Natural Resources, and \n Appropriations of the House of Representatives and the \n Committees on Rules and Administration, Energy and Natural \n Resources, and Appropriations of the Senate.\n (c) Legislation To Carry Out Plan of Action.--Based on the \nrecommendations contained in the report submitted under paragraphs (1) \nand (2) of subsection (a), the Commission shall submit for \nconsideration to the Committees on Transportation and Infrastructure, \nHouse Administration, Natural Resources, and Appropriations of the \nHouse of Representatives and the Committees on Rules and \nAdministration, Energy and Natural Resources, and Appropriations of the \nSenate recommendations for a legislative plan of action to establish \nand construct the Museum.\n (d) National Conference.--Not later than 18 months after the date \non which the initial members of the Commission are appointed under \nsection 3, the Commission may, in carrying out the duties of the \nCommission under this section, convene a national conference relating \nto the Museum, to be comprised of individuals committed to the \nadvancement of the life, art, history, and culture of Asian Pacific \nAmericans.\n\nSEC. 5. DIRECTOR AND STAFF OF COMMISSION.\n\n (a) Director and Staff.--\n (1) In general.--The Commission may employ and compensate \n an executive director and any other additional personnel that \n are necessary to enable the Commission to perform the duties of \n the Commission.\n (2) Rates of pay.--Rates of pay for persons employed under \n paragraph (1) shall be consistent with the rates of pay allowed \n for employees of a temporary organization under section 3161 of \n title 5, United States Code.\n (b) Not Federal Employment.--Any individual employed under this Act \nshall not be considered a Federal employee for the purpose of any law \ngoverning Federal employment.\n (c) Technical Assistance.--\n (1) In general.--Subject to paragraph (2), on request of \n the Commission, the head of a Federal agency may provide \n technical assistance to the Commission.\n (2) Prohibition.--No Federal employees may be detailed to \n the Commission.\n\nSEC. 6. ADMINISTRATIVE PROVISIONS.\n\n (a) Compensation.--\n (1) In general.--A member of the Commission--\n (A) shall not be considered to be a Federal \n employee for any purpose by reason of service on the \n Commission; and\n (B) shall serve without pay.\n (2) Travel expenses.--A member of the Commission shall be \n allowed a per diem allowance for travel expenses, at rates \n consistent with those authorized under subchapter I of chapter \n 57 of title 5, United States Code.\n (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, \nuse, and dispose of gifts, bequests, or devises of money, services, or \nreal or personal property for the purpose of aiding or facilitating the \nwork of the Commission.\n (c) Federal Advisory Committee Act.--The Commission shall not be \nsubject to the Federal Advisory Committee Act (5 U.S.C. App.).\n\nSEC. 7. TERMINATION.\n\n The Commission shall terminate on the date that is 30 days after \nthe date on which the final versions of the reports required under \nsection 4 are submitted.\n\nSEC. 8. FUNDING.\n\n (a) In General.--The Commission shall be solely responsible for \nacceptance of contributions for, and payment of the expenses of, the \nCommission.\n (b) Prohibition.--No Federal funds may be obligated to carry out \nthis Act.","summary":"Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D. C.. (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions. (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds. And (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act.","title":"Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act","text_len":9672,"sum_len":1342} {"bill_id":"113_s2005","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Learning through \nElectronically-Accessible and Reasonable Cost Information Act of 2013'' \nor the ``CLEAR Cost Information Act of 2013''.\n\nSEC. 2. REPORTING OF CERTAIN HOSPITAL PAYMENT DATA.\n\n (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. \n1395cc) is amended--\n (1) in subsection (a)(1)--\n (A) in subparagraph (V), by striking ``and'' at the \n end;\n (B) in subparagraph (W), as added by section 3005 \n of Public Law 111-148--\n (i) by moving such subparagraph 2 ems to \n the left; and\n (ii) by striking the period at the end and \n inserting a comma;\n (C) in subparagraph (W), as added by section \n 6406(b) of Public Law 111-148--\n (i) by moving such subparagraph 2 ems to \n the left;\n (ii) by redesignating such subparagraph as \n subparagraph (X); and\n (iii) by striking the period at the end and \n inserting ``, and''; and\n (D) by inserting after subparagraph (X), as \n redesignated by subparagraph (C)(ii), the following new \n subparagraph:\n ``(Y) in the case of a subsection (d) hospital (as defined \n in section 1886(d)(1)(B)), to report payment data to the \n Secretary in accordance subsection (l).''; and\n (2) by adding at the end the following new subsection:\n ``(l) Reporting of Certain Hospital Payment Data.--\n ``(1) In general.--A subsection (d) hospital (as defined in \n section 1886(d)(1)(B)) shall submit to the Secretary data on \n the actual amounts collected by the hospital from uninsured and \n insured patients over the preceding 2 years for each of the \n procedures described in paragraph (2).\n ``(2) Procedures described.--The procedures described in \n this paragraph are the 50 most common diagnosis-related groups \n and ambulatory payment classification groups for which payment \n is made under this title, as determined by the Secretary based \n on claims data, in both the inpatient and outpatient settings.\n ``(3) Transparency.--\n ``(A) In general.--In order to be beneficial to \n consumers, the reporting of data under this subsection \n shall be done in a manner that is transparent to the \n general public.\n ``(B) Public availability of information.--The \n Secretary shall post data submitted under paragraph (1) \n on a publicly accessible and searchable Internet \n website in a form and manner that--\n ``(i) allows for meaningful comparisons of \n hospital collections and related policies by \n zip code; and\n ``(ii) is readily understandable by a \n typical consumer.\n ``(C) Linking of data.--A subsection (d) hospital \n shall include a link to the data posted under \n subparagraph (B) on the home Internet website of the \n hospital.''.\n (b) Effective Date.--The amendments made by this section shall \napply to contracts entered into, or renewed, on or after the date of \nthe enactment of this Act.\n\nSEC. 3. INCLUSION OF INFORMATION ON CHARITY CARE FURNISHED BY HOSPITALS \n IN MEDPAC'S ANNUAL REPORT.\n\n Each annual report submitted to Congress after the date of the \nenactment of this Act by the Medicare Payment Advisory Commission under \nsection 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall \ncontain information on the percentage that charity care makes up of the \ntotal care furnished by hospitals and critical access hospitals.\n\nSEC. 4. PUBLIC AVAILABILITY OF REPORT ON TRENDS IN LEVELS OF CHARITY \n CARE PROVIDED BY CERTAIN HOSPITALS.\n\n (a) Posting of Data.--Section 9007(e)(2) of the Patient Protection \nand Affordable Care Act (Public Law 111-148; 124 Stat. 858) is amended \nby adding at the end the following new subparagraph:\n ``(C) Public availability.--The Secretary of the \n Treasury, in consultation with the Secretary of Health \n and Human Services, shall post the data contained in \n the report under subparagraph (B) on a publicly \n accessible and searchable website that--\n ``(i) allows for meaningful comparisons of \n the data by zip code; and\n ``(ii) is readily understandable by a \n typical consumer.''.\n (b) Medicare Requirement for Hospitals To Provide a Link to the \nData on the Hospital's Home Webpage.--\n (1) In general.--Section 1866(a)(1) of the Social Security \n Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is \n amended--\n (A) in subparagraph (X), by striking ``and'' at the \n end;\n (B) in subparagraph (Y), by striking the period at \n the end and inserting ``, and''; and\n (C) by inserting after subparagraph (Y) the \n following new subparagraph:\n ``(Z) in the case of hospitals and critical access \n hospitals, to include a link on the home Internet \n website of the hospital or critical access hospital to \n the data posted under section 9007(e)(2)(C) of the \n Patient Protection and Affordable Care Act.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to contracts entered into, or renewed, on or after \n the date of the enactment of this Act.","summary":"Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 sic or CLEAR Cost Information Act of 2013 sic - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on quot, subsection (d) hospitals. quot. (Generally, a subsection Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites.","title":"Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013","text_len":6149,"sum_len":1446} {"bill_id":"109_hr6140","text":"467 on July 22, 2004, by a \n unanimous vote of 422-0, which--\n (A) declares that the atrocities unfolding in the \n Darfur region of Sudan, are genocide;\n (B) declares that the Government of Sudan has \n violated the Convention on the Prevention and \n Punishment of the Crime of Genocide;\n (C) urges the Administration to seriously consider \n multilateral intervention to stop genocide in Darfur \n should the United Nations Security Council fail to act; \n and\n (D) calls on the Administration to impose targeted \n sanctions, including visa bans and the freezing of \n assets of the Sudanese National Congress and affiliated \n business and individuals directly responsible for the \n atrocities in Darfur.\n (2) In the 109th Congress, the House of Representatives \n passed H.R. 3127, the Darfur Peace and Accountability Act of \n 2006, on April 5, 2006, by a vote of 416-3, which--\n (A) appeals to the international community, \n including the United Nations, the European Union, and \n the North Atlantic Treaty Organization (NATO), to \n immediately mobilize sufficient political, military, \n and financial resources to support and expand the \n African Union Mission in Sudan (AMIS);\n (B) blocks assets and restricts travel of any \n individual the President determines is responsible for \n acts of genocide, war crimes, or crimes against \n humanity in the Darfur region of Sudan; and\n (C) offers United States support for the \n International Criminal Court's efforts to prosecute \n those responsible for acts of genocide in Darfur.\n (3) On September 9, 2004, former Secretary of State Colin \n Powell stated before the Committee on Foreign Relations of the \n Senate that genocide was being committed in the Darfur region \n of Sudan and that the Government of Sudan and the government-\n supported Janjaweed militias bear responsibility for the \n genocide.\n (4) On September 21, 2004, President George W. Bush \n affirmed the Secretary of State's finding in an address before \n the United Nations General Assembly, stating that the world is \n witnessing terrible suffering and horrible crimes in the Darfur \n region of Sudan, crimes the Government of the United States has \n concluded are genocide.\n (5) Although the Government of the United States currently \n bans United States companies from conducting business \n operations in Sudan, millions of Americans are inadvertently \n supporting the Government of Sudan by investing in foreign \n companies that conduct business operations in Sudan that \n disproportionately benefit the Sudanese regime in Khartoum.\n (6) Illinois, New Jersey, Oregon, and Maine have passed \n legislation mandating divestment of State funds from companies \n that conduct business operations in Sudan. California, \n Massachusetts, Rhode Island, North Carolina, Kansas, Wisconsin, \n Indiana, Georgia, Maryland, New York, Iowa, and Texas have \n considered or are considering legislation to divest State funds \n from companies that conduct business operations in Sudan. \n Connecticut, Ohio, and Vermont have passed non-binding \n divestment legislation with respect to Sudan. Arizona, \n Louisiana, Missouri, and Pennsylvania have adopted screening \n processes for investments in companies that conduct business \n operations in countries that are sponsors of terrorism, \n including Sudan.\n (7) Providence, Rhode Island and New Haven, Connecticut \n have passed legislation mandating divestment of city funds from \n companies that conduct business operations in Sudan.\n (8) Amherst, Boston University, Brandeis, Brown, Columbia, \n Dartmouth, Harvard, Middlebury, Oberlin, Princeton, the \n Reconstructionist Rabbinical College, Samford, Simmons, Smith, \n Stanford, Trinity, the University of California, the University \n of Maryland, the University of Pennsylvania, the University of \n Southern California, the University of Vermont, the University \n of Washington, Williams, and Yale have divested their funds \n from, or placed restrictions on investment of their funds in, \n certain companies that conduct business operations in Sudan.\n (9) No American should have to worry that his or her \n investments or pension money was earned in support of genocide.\n (10) Divestment has proven effective in similar situations, \n as in 1986, when State pension funds and university endowments \n were divested from companies that conducted business operations \n in South Africa, which was critical to ending apartheid in that \n country, and by 1994, when the first free elections in South \n Africa took place, a substantial number of States, counties, \n cities, universities and colleges in the United States had \n adopted partial or total divestment policies.\n (11) The only type of pressure shown to be effective \n against Sudan is economic pressure against the Government of \n Sudan, such as the imposition of sanctions and divestment. \n Sudan has cooperated with the United States on counterterrorism \n efforts due to United States sanctions imposed on Sudan in 1997 \n and Sudan agreed to negotiations with the Sudan People's \n Liberation Army of South Sudan that resulted in the \n Comprehensive Peace Agreement of 2005 due in part to a \n successful divestment campaign against Talisman Energy, \n Incorporated of Canada.\n (12) Congress acknowledges that divestment should be used \n sparingly and under extraordinary circumstances. This Act is \n based on unique circumstances, specifically, the reprehensible \n and abhorrent genocide occurring in Sudan.\n (13) The business operations of companies in countries that \n perpetrate grave abuses of human rights, especially the \n uniquely monstrous crime of genocide, are of material financial \n concern to United States investors even when these operations \n represent a small fraction of a company's total business.\n (14) State and city pension funds have routinely but \n unsuccessfully sought to acquire and utilize data from the \n Federal Government on companies for investment decisions.\n (15) The deteriorating security situation in the Darfur \n region of Sudan indicates that the people of Darfur cannot wait \n long for security to be reestablished.\n\nSEC. 3. STATEMENT OF POLICY.\n\n Congress recognizes and supports--\n (1) States and cities that have divested or are in the \n process of divesting State and city funds from companies that \n conduct business operations in Sudan; and\n (2) United States colleges and universities that have \n divested their funds from, or placed restrictions on \n investments of their funds in, companies that conduct business \n operations in Sudan.\n\nSEC. 4. IDENTIFICATION OF COMPANIES CONDUCTING BUSINESS OPERATIONS IN \n SUDAN.\n\n (a) Identification.--The Securities and Exchange Commission, acting \nthrough the Division of Corporation Finance, shall require all \ncompanies trading in securities that are registered under section 12 of \nthe Securities Exchange Act of 1934 (15 U.S.C. 78l) which, either \ndirectly or through a parent or subsidiary company, including partly-\nowned subsidiaries, conduct business operations in Sudan to disclose \nthe nature of their business operations in Sudan, including--\n (1) the existence and nature of business relationships and \n investments with national, regional, and local governments;\n (2) business activities with government or government-\n controlled entities;\n (3) business operations relating to the sale of military \n equipment or inherently ``dual-use'' technology, such as \n civilian radar systems;\n (4) business operations relating to natural resource \n extraction, including oil-related activities and mining of \n minerals; and\n (5) safeguards to ensure business operations do not become \n indirectly involved in the terrorist-sponsoring or genocidal \n policies of the Government of Sudan.\n (b) Investigation by Government Accountability Office.--The \nComptroller General of the Government Accountability Office shall \ninvestigate the existence and extent of all Federal Retirement Thrift \nInvestment Board investments in companies identified pursuant to \nsubsection (a).\n (c) Reports.--\n (1) SEC report.--Not later than 90 days after the date of \n the enactment of this Act, and annually thereafter, the \n Securities and Exchange Commission shall prepare and submit to \n Congress a report that contains the names of the companies and \n a description of their business operations identified under \n subsection (a).\n (2) GAO report.--Not later than 180 days after the date of \n the enactment of this Act, and annually thereafter, the \n Comptroller General of the Government Accountability Office \n shall prepare and submit to Congress a report that contains the \n names of the companies and a description of the amount of \n Federal Retirement Thrift Investment Board investments in such \n companies identified under subsection (b).\n (d) Publication on Websites.--\n (1) SEC website.--The Securities and Exchange Commission \n shall maintain a list of the names of the companies identified \n under subsection (a) on the website of the Securities and \n Exchange Commission.\n (2) GAO website.--The Comptroller General of the Government \n Accountability Office shall maintain a list of the names of the \n companies identified under subsection (b) on the website of the \n Government Accountability Office.\n\nSEC. 5. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.\n\n (a) Prohibition.--Notwithstanding any other provision of law, the \nGovernment of the United States shall not enter into or renew a \ncontract for the procurement of goods or services with any company \nidentified under section 4(a).\n (b) Exception.--The prohibition in subsection (a) shall not apply \nwith respect to a company identified under section 4(a) whose business \noperations in Sudan are limited to activities or transactions relating \nto--\n (1) southern Sudan, southern Kordofan\/Nuba Mountains State, \n Blue Nile State, or Abyei;\n (2) the implementation of the Darfur Peace Agreement of May \n 5, 2006;\n (3) the provision of military equipment to be used by \n nongovernmental organizations in the Darfur region of Sudan, \n the African Union Mission in Sudan (AMIS), or the United \n Nations; or\n (4) the provision of humanitarian assistance that is of \n immediate and substantial benefit to--\n (A) the majority of people of the Darfur region of \n Sudan; or\n (B) the majority of people of eastern Sudan, \n including the Red Sea, Kassala, and Gedaref States.\n (c) Waiver.--The President may waive the prohibition in subsection \n(a) on a case-by-case basis if the President determines and certifies \nin writing to Congress that it is important to the national security \ninterests of the United States to do so.\n\nSEC. 6. RULE OF CONSTRUCTION.\n\n Nothing in this Act or any other provision of law shall be \nconstrued to preempt any State law that prohibits investment of State \nfunds, including State pension funds, in or relating to Sudan.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Business operations.--The term ``business operations'' \n means maintaining, selling, or leasing equipment, facilities, \n personnel, or any other apparatus of business or commerce, \n including the ownership or possession of real or personal \n property.\n (2) Company.--The term ``company''--\n (A) means a sole proprietorship, organization, \n association, corporation, partnership, venture, or \n other entity, its subsidiary or affiliate that exists \n for profit-making purposes or to otherwise secure \n economic advantage; and\n (B) includes a company owned or controlled, either \n directly or indirectly, by the government of a foreign \n country, that is established or organized under the \n laws of, or has its principal place of business in, \n such foreign country.\n (3) Government of sudan.--The term ``Government of Sudan'' \n means the Government of Sudan located in Khartoum or its \n instrumentalities.\n (4) Investment.--The term ``investment'' means the \n purchase, ownership, or control of stock of a company, \n association, or corporation, the capital stock of a mutual \n water company or corporation, bonds issued by the government or \n a political subdivision of a foreign country, corporate bonds \n or other debt instruments issued by a company, or the \n commitment of funds or other assets to a company, including a \n loan or extension of credit to that company.\n (5) Military equipment.--The term ``military equipment'' \n means weapons, arms, or military defense supplies.\n (6) Oil-related activities.--The term ``oil-related \n activities'' includes the export of oil, extracting or \n producing oil, exploration for oil, or the construction or \n maintenance of a pipeline, refinery, or other oil field \n infrastructure.\n (7) Sudan.--The term ``Sudan'' means the Republic of Sudan, \n a territory under the administration or control of the \n Government of Sudan, including the Darfur region, or an \n individual, company, or public agency located in Khartoum, \n northern Sudan, or the Nile River Valley that supports the \n Republic of the Sudan.","summary":"Darfur Accountability and Divestment Act of 2006 - Supports state, city, and university efforts to divest funds from, or restrict investments in, companies that conduct business operations in Sudan. Directs: (1) the Securities and Exchange Commission (SEC) to require all companies trading in registered securities that conduct business operations directly or through parent or subsidiary companies in Sudan to disclose the nature of such operations. And (2) the Government Accountability Office (GAO) to investigate the existence and extent of such companies' Federal Retirement Thrift Investment Board investments. Prohibits US government contracts with such companies, with exceptions for companies whose activities are related to: (1) southern Sudan, southern KordofanNuba Mountains State, Blue Nile State, or Abyei, (2) the implementation of the 2006 Darfur Peace Agreement. (3) the provision of military equipment for nongovernmental organizations in the Darfur region of Sudan, the African Union Mission in Sudan (AMIS), or the United Nations. Or (4) the provision of humanitarian assistance that is of immediate and substantial benefit to the majority of people of the Darfur region of Sudan or the majority of people of eastern Sudan, including the Red Sea, Kassala, and Gedaref States. Authorizes a national security waiver of such prohibition on a case-by-case basis.","title":"To require the identification of companies that conduct business operations in Sudan, to prohibit United States Government contracts with such companies, and for other purposes.","text_len":14915,"sum_len":1378} {"bill_id":"106_hr1842","text":"SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Federally Impacted \nSchool Improvement Act''.\n (b) Findings.--Congress makes the following findings:\n (1) In 1950 Congress recognized its obligation, through the \n passage of Public Law 81-815, to provide school construction \n funding for local educational agencies impacted by the presence \n of Federal activities.\n (2) The conditions of federally impacted school facilities \n providing educational programs to children in areas where the \n Federal Government is present have deteriorated to such an \n extent that the health and safety of the children served by \n such agencies is being compromised, and the school conditions \n have not kept pace with the increase in student population \n causing classrooms to become severely overcrowded and children \n to be educated in trailers.\n (3) Local educational agencies in areas where there exists \n a significant Federal presence have little if any capacity to \n raise local funds for purposes of capital construction, \n renovation and repair due to the nontaxable status of Federal \n land.\n (4) The need for renewed support by the Federal Government \n to help federally connected local educational agencies \n modernize their school facilities is far greater in 2000 than \n at any time since 1950.\n (5) Federally connected local educational agencies and the \n communities the agencies serve are willing to commit local \n resources when available to modernize and replace existing \n facilities, but do not always have the resources available to \n meet their total facility needs due to the nontaxable presence \n of the Federal Government.\n (6) Due to the conditions described in paragraphs (1) \n through (5) there is in 1999, as there was in 1950, a need for \n Congress to renew its obligation to assist federally connected \n local educational agencies with their facility needs.\n (c) Purpose.--The purpose of this Act is to provide matching grants \nto local educational agencies for the modernization of minimum school \nfacilities that are urgently needed because--\n (1) the existing school facilities of the agency are in \n such disrepair that the health and safety of the students \n served by the agency is threatened; and\n (2) increased enrollment results in a need for additional \n classroom space.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Modernization.--The term ``modernization'' means the \n repair, renovation, alteration, or construction of a facility, \n including--\n (A) the concurrent installation of equipment; and\n (B) the complete or partial replacement of an \n existing facility, but only if such replacement is less \n expensive and more cost-effective than repair, \n renovation, or alteration of the facility.\n (2) Facility.--The term ``facility'' means a public \n structure suitable for use as a classroom, laboratory, library, \n media center, or related facility, the primary purpose of which \n is the instruction of public elementary school or secondary \n school students.\n (3) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965.\n (4) Secretary.--The term ``Secretary'' means--\n (A) with respect to funds made available under \n paragraph (1) or (3) of section 4(a) for grants under \n section 6 or 8, respectively, the Secretary of \n Education; and\n (B) with respect to funds made available under \n paragraph (2) of section (4)(a) for grants under \n section 6, the Secretary of Defense.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to the \nDepartment of Education to carry out this Act $50,000,000 for fiscal \nyear 2001 and such sums as may be necessary for each of the 4 \nsucceeding fiscal years.\n (b) Prohibition.--None of the funds authorized to be appropriated \nunder subsection (a) shall be available to a local educational agency \nto pay the cost of administration of the activities assisted under this \nAct.\n\nSEC. 4. FEDERAL DISTRIBUTION OF FUNDING.\n\n (a) In General.--From amounts appropriated under section 3(a) for a \nfiscal year the Secretary of Education--\n (1) shall use 45 percent to award grants under section 6 to \n local educational agencies--\n (A) that are eligible for assistance under section \n 8002(a) of the Elementary and Secondary Education Act \n of 1965; and\n (B) for which the number of children determined \n under section 8003(a)(1)(C) of the Elementary and \n Secondary Education Act of 1965 constitutes at least 25 \n percent of the number of children who were in average \n daily attendance in the schools of such local \n educational agency during the school year preceding the \n school year for which the determination is made;\n (2) shall make available to the Secretary of Defense 45 \n percent to enable the Secretary of Defense to award grants \n under section 6 to local educational agencies for which the \n number of children determined under subparagraphs (A), (B), and \n (D) of section 8003(a)(1) of the Elementary and Secondary \n Education Act of 1965 constitutes at least 25 percent of the \n number of children who were in average daily attendance in the \n schools of such local educational agency during the school year \n preceding the school year for which the determination is made; \n and\n (3) shall use 10 percent to award grants under section 8.\n (b) Department of Defense Funding.--\n (1) In general.--Not later than 30 days after the date the \n Secretary of Education receives funds appropriated under \n section 3(a) for a fiscal year, the Secretary of Education \n shall make available to the Secretary of Defense from such \n funds the portion of such funds described in subsection (a)(2) \n for the fiscal year. The Secretary of Defense shall use the \n portion to award grants under section 6 through the Office of \n Economic Adjustment of the Department of Defense.\n (2) Limitations.--\n (A) Administrative expenses.--No funds made \n available under subsection (a)(2) shall be used by the \n Secretary of Defense to pay the costs of administration \n of the activities assisted under this Act.\n (B) Special rate.--No funds made available under \n subsection (a)(2) shall be used to replace Federal \n funds provided to enhance the quality of life of \n dependents of members of the Armed Forces as determined \n by the Secretary of Defense.\n\nSEC. 5. ELIGIBILITY REQUIREMENTS.\n\n (a) In General.--A local educational agency shall be eligible to \nreceive funds under this Act if--\n (1) the local educational agency is described in paragraph \n (1) or (2) of section 4(a); and\n (2) the local educational agency--\n (A) received a payment under section 8002 of the \n Elementary and Secondary Education Act of 1965 during \n the fiscal year preceding the fiscal year for which the \n determination is made, and the assessed value of \n taxable property per student in the school district of \n the local educational agency is less than the average \n of the assessed value of taxable property per student \n in the State in which the local educational agency is \n located; or\n (B) received a basic payment under section 8003(b) \n of the Elementary and Secondary Education Act of 1965 \n during the fiscal year preceding the fiscal year for \n which the determination is made, and for which the \n number of children determined under subparagraphs (A), \n (B), (C), and (D) of section 8003(a)(1) of the \n Elementary and Secondary Education Act of 1965 \n constituted at least 25 percent of the number of \n children who were in average daily attendance in the \n schools of such local educational agency during the \n school year preceding the school year for which the \n determination is made.\n (b) Special Rule.--Any local educational agency described in \nsubsection (a)(2)(B) may apply for funds under this section for the \nmodernization of a facility located on Federal property (as defined in \nsection 8013 of the Elementary and Secondary Education Act of 1965) \nonly if the Secretary determines that the number of children determined \nunder section 8003(a)(1) of the Elementary and Secondary Education Act \nof 1965 who were in average daily attendance in such facility \nconstituted at least 50 percent of the number of children who were in \naverage daily attendance in the facilities of the local educational \nagency during the school year preceding the school year for which the \ndetermination is made.\n\nSEC. 6. BASIC GRANTS.\n\n (a) Award Basis.--From the amounts made available under paragraphs \n(1) and (2) of section 4(a) the Secretary shall award grants to local \neducational agencies on such basis as the Secretary determines \nappropriate, including--\n (1) in the case of a local educational agency described in \n section 5(a)(2)(A), a high percentage of the property in the \n school district of the local educational agency is nontaxable \n due to the presence of the Federal Government;\n (2) in the case of a local educational agency described in \n section 5(a)(2)(B), a high number or percentage of children \n determined under subparagraphs (A), (B), (C), and (D) of \n section 8003(a)(1) of the Elementary and Secondary Education \n Act of 1965;\n (3) the extent to which the local educational agency lacks \n the fiscal capacity, including the ability to raise funds \nthrough the full use of the local educational agency's bonding capacity \nand otherwise, to undertake the modernization project without Federal \nassistance;\n (4) the need for modernization to meet--\n (A) the threat the condition of the facility poses \n to the safety and well-being of students;\n (B) the requirements of the Americans with \n Disabilities Act of 1990;\n (C) the costs associated with asbestos removal, \n energy conservation, and technology upgrading; and\n (D) overcrowding conditions as evidenced by the use \n of trailers and portable buildings and the potential \n for future overcrowding because of increased \n enrollment;\n (5) the facility needs of the local educational agency \n resulting from the acquisition or construction of military \n family housing under subchapter IV of chapter 169 of title 10, \n United States Code, and other actions of the Federal Government \n that cause an adverse impact on the facility needs of the local \n educational agency; and\n (6) the age of the facility to be modernized regardless of \n whether the facility was originally constructed with funds \n authorized under Public Law 81-815.\n (b) Grant Amount.--In determining the amount of a grant the \nSecretary shall--\n (1) consider the relative costs of the modernization;\n (2) determine the cost of a project based on the local \n prevailing cost of the project;\n (3) require that the Federal share of the cost of the \n project shall not exceed 50 percent of the total cost of the \n project;\n (4) not provide a grant in an amount greater than \n $3,000,000 over any 5-year period; and\n (5) take into consideration the amount of cash available to \n the local educational agency.\n (c) Administration of Grants.--In awarding grants under this \nsection the Secretary shall--\n (1) establish by regulation the date by which all \n applications are to be received;\n (2) consider in-kind contributions when calculating the 50 \n percent matching funds requirement described in subsection \n (b)(3); and\n (3) subject all applications to a review process.\n (d) Section 8007 Funding.--In awarding grants under this section, \nthe Secretary shall not take into consideration any funds received \nunder section 8007 of the Elementary and Secondary Education Act of \n1965.\n\nSEC. 7. APPLICATIONS REQUIRED.\n\n (a) In General.--Each local educational agency desiring a grant \nunder this Act shall submit an application to the Secretary.\n (b) Contents.--Each application shall contain--\n (1) a listing of the school facilities to be modernized, \n including the number and percentage of children determined \n under section 8003(a)(1) of the Elementary and Secondary \n Education Act of 1965 in average daily attendance in each \n facility;\n (2) a description of the ownership of the property on which \n the current facility is located or on which the planned \n facility will be located;\n (3) a description of each architectural, civil, structural, \n mechanical, or electrical deficiency to be corrected with funds \n provided under this Act, including the priority for the repair \n of the deficiency;\n (4) a description of any facility deficiency that poses a \n health or safety hazard to the occupants of the facility and a \n description of how that deficiency will be repaired;\n (5) a description of the criteria used by the local \n educational agency to determine the type of corrective action \n necessary to meet the purposes of this Act;\n (6) a description of the modernization to be supported with \n funds provided under this Act;\n (7) a cost estimate of the proposed modernization;\n (8) an identification of other resources (such as unused \n bonding capacity), if applicable, that are available to carry \n out the modernization, and an assurance that such resources \n will be used for the modernization;\n (9) a description of how activities assisted with funds \n provided under this Act will promote energy conservation; and\n (10) such other information and assurances as the Secretary \n may reasonably require.\n (c) Continuing Consideration.--A local educational agency that \napplies for assistance under this Act (other than section 8) for any \nfiscal year and does not receive the assistance shall have the \napplication for the assistance considered for the following 5 fiscal \nyears.\n\nSEC. 8. EMERGENCY GRANTS.\n\n (a) Waiver of Matching Requirement.--From the amount made available \nunder section 4(a)(3) the Secretary shall award grants to any local \neducational agency for which the number of children determined under \nsection 8003(a)(1)(C) constituted at least 50 percent of the number of \nchildren who were in average daily attendance in the schools of such \nagency during the school year preceding the school year for which the \ndetermination is made, if the Secretary determines a facility emergency \nexists that poses a health or safety hazard to the students and school \npersonnel assigned to the facility.\n (b) Certification of Emergency.--In addition to meeting the \nrequirements of section 7, a local educational agency desiring funds \nunder this section shall include in the application submitted under \nsection 7 a signed statement from a State official certifying that a \nhealth or safety deficiency exists.\n (c) Grant Amount; Prioritization Rules; Continuing Consideration.--\n (1) Grant amount.--In determining the amount of grant \n awards under this section, the Secretary shall make every \n effort to fully meet the facility needs of the local \n educational agencies applying for funds under this section.\n (2) Prioritization rule.--If the Secretary receives more \n than 1 application under this section for any fiscal year, the \n Secretary shall prioritize the applications based on when an \n application was received and the severity of the emergency as \n determined by the Secretary.\n (3) Continuing consideration.--A local educational agency \n that applies for assistance under this section for any fiscal \n year and does not receive the assistance shall have the \n application for the assistance considered for the following \n fiscal year, subject to the prioritization requirement \n described in paragraph (2).\n\nSEC. 9. REQUIREMENTS.\n\n (a) Maintenance of Effort.--A local educational agency may receive \na grant under this Act for any fiscal year only if the Secretary finds \nthat either the combined fiscal effort per student or the aggregate \nexpenditures of that agency and the State with respect to the provision \nof free public education by such local educational agency for the \npreceding fiscal year was not less than 90 percent of such combined \nfiscal effort or aggregate expenditures for the fiscal year for which \nthe determination is made.\n (b) Supplement Not Supplant.--An eligible local educational agency \nshall use funds received under this subsection only to supplement the \namount of funds that would, in the absence of such Federal funds, be \nmade available from non-Federal sources for the modernization of school \nfacilities used for educational purposes, and not to supplant such \nfunds.\n\nSEC. 10. GENERAL LIMITATIONS.\n\n (a) Real Property.--No part of any grant funds awarded under this \nAct shall be used for the acquisition of any interest in real property.\n (b) Maintenance.--Nothing in this Act shall be construed to \nauthorize the payment of maintenance costs in connection with any \nfacilities modernized in whole or in part with Federal funds provided \nunder this Act.\n (c) Environmental Safeguards.--All projects carried out with \nFederal funds provided under this Act shall comply with all relevant \nFederal, State, and local environmental laws and regulations.\n (d) Athletic and Similar Facilities.--No funds received under this \nAct shall be used for outdoor stadiums or other facilities that are \nprimarily used for athletic contests or exhibitions, or other events, \nfor which admission is charged to the general public.","summary":"Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities. Authorizes appropriations. Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance. (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance. And (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance. Sets forth requirements for: (1) LEA eligibility, (2) basic grant awards and amount limits, (3) applications, and (4) emergency grant certifications, amounts, and priorities.","title":"Federally Impacted School Improvement Act","text_len":19510,"sum_len":1119} {"bill_id":"112_hr6343","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fort Sumner Project Title Conveyance \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) District.--The term ``District'' means the Fort Sumner \n Irrigation District, located in De Baca County, New Mexico.\n (2) Forbearance agreement.--The term ``Forbearance \n Agreement'' means the contract between the United States and \n the District for the forbearance of exercising priority water \n rights numbered 08-WC-40-292 and dated August 21, 2009 \n (including any amendments to that contract).\n (3) Project.--The term ``Project'' means the Fort Sumner \n reclamation project.\n (4) Repayment contract.--The term ``Repayment Contract'' \n means the contract between the United States and the District \n numbered Ilr-1524 and dated November 5, 1948 (including any \n supplements and amendments to that contract).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) Memorandum of agreement.--The term ``Memorandum of \n Agreement'' means the agreement entitled ``Memorandum of \n Agreement between the United States and the Fort Sumner \n Irrigation District Concerning Principles and Elements of \n Proposed Transfer of Title to Fort Sumner Irrigation District \n Facilities'' and numbered 11-WC-40-406 (including any \n amendments to that agreement).\n (7) Transfer agreement.--The term ``Transfer Agreement'' \n means the agreement between the United States and the Fort \n Sumner Irrigation District that identifies the specific terms \n and conditions of the title transfer. This document will be \n completed after the requirements described in section 3(d) are \n satisfied.\n\nSEC. 3. CONVEYANCE.\n\n (a) In General.--The Secretary is authorized to convey to the \nDistrict all right and title of the United States in and to all works, \nland, and facilities of the Project, in accordance with the terms and \nconditions established in the Transfer Agreement.\n (b) Valid Existing Rights.--The conveyance under this section shall \nbe subject to all valid existing leases, permits, rights-of-way, \neasements, and other rights appurtenant to the property conveyed.\n (c) Costs of Conveyance.--The costs of the conveyance under this \nsection, including the costs of environmental compliance, may be shared \nbetween the United States and the District, in accordance with the \nMemorandum of Agreement.\n (d) Compliance With Environmental Laws.--\n (1) In general.--Before carrying out the conveyance under \n subsection (a), the Secretary shall assure compliance with all \n applicable requirements under--\n (A) the National Environmental Policy Act of 1969 \n (42 U.S.C. 4321 et seq.);\n (B) the Endangered Species Act of 1973 (16 U.S.C. \n 1531 et seq.); and\n (C) any other law applicable to the property \n conveyed.\n (2) Effect.--Nothing in this Act modifies or alters any \n obligation under--\n (A) the National Environmental Policy Act of 1969 \n (42 U.S.C. 4321 et seq.); or\n (B) the Endangered Species Act of 1973 (16 U.S.C. \n 1531 et seq.).\n (e) Failure To Convey.--If the Secretary fails to complete the \nconveyance under this section by the date that is 2 years after the \ndate of completion of the requirements described in subsection (d) of \nthis Act, the Secretary shall submit to Congress a report that--\n (1) explains the reasons why the conveyance has not been \n completed; and\n (2) states the date by which the conveyance will be \n completed.\n\nSEC. 4. LIABILITY.\n\n (a) In General.--Effective on the date of the conveyance under \nsection 3, the United States--\n (1) shall have no further interest in, and shall have no \n responsibility for operating or maintaining, the Project; and\n (2) shall not be liable for damages of any kind arising out \n of any act, omission, or occurrence relating to the conveyed \n property, except for damages caused by acts committed by the \n United States or employees, agents, or contractors of the \n United States before the date of the conveyance.\n (b) Effect of Section.--Nothing in this section increases the \nliability of the United States beyond the liability provided under \nchapter 171 of title 28, United States Code (commonly known as the \n``Federal Tort Claims Act'').\n\nSEC. 5. TERMINATION OF REPAYMENT CONTRACT.\n\n Effective beginning on the date of the conveyance under section 3--\n (1) the Repayment Contract shall terminate; and\n (2) the United States and the District shall have no \n obligations under the Repayment Contract.\n\nSEC. 6. FORBEARANCE AGREEMENT.\n\n (a) Payment Obligation.--In accordance with paragraph 4(a) of the \nForbearance Agreement, effective beginning on the date of termination \nof the Repayment Contract under section 5, the United States shall have \nno payment obligation under paragraph 4(a) of the Forbearance \nAgreement.\n (b) Other Terms and Conditions.--All other terms and conditions of \nthe Forbearance Agreement shall remain in full force and effect on \ntermination of the Repayment Contract under section 5.\n (c) Term.--The term of the Forbearance Agreement shall be not less \nthan 10 years after the date of enactment of this Act, as set forth in \nthe Memorandum of Agreement.\n\nSEC. 7. FUTURE BENEFITS.\n\n After conveyance of title under this Act--\n (1) the conveyed property shall not be considered to be a \n part of a Federal reclamation project; and\n (2) the entity to which the property is conveyed shall not \n be eligible to receive any benefits, including Federal project \n power, with respect to the conveyed property, except for \n benefits that would be available to a similarly situated entity \n with respect to property that is not part of a Federal \n reclamation project.","summary":"Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. Terminates, on the date of such conveyance: (1) US interest in and responsibility for the project and liability relating to the conveyed property. (2) a specified repayment contract between the United States and the District dated November 5, 1948. And (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project. And (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.","title":"To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.","text_len":6286,"sum_len":1922} {"bill_id":"105_hr4733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Adjustment Assistance Reform \nAct of 1998''.\n\nSEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE.\n\n (a) Authorization of Appropriations.--Section 245 of the Trade Act \nof 1974 (19 U.S.C. 2317) is amended to read as follows:\n\n``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Department of \nLabor for each of the fiscal years 1999 through 2003 such sums as may \nbe necessary to carry out the purposes of this chapter.''.\n (b) Repeal of NAFTA Transitional Adjustment Assistance Program.--\n (1) In general.--Subchapter D of chapter 2 of title II of \n such Act (19 U.S.C. 2331) is hereby repealed.\n (2) Conforming amendments.--(A) Section 249A of such Act \n (19 U.S.C. 2322) is hereby repealed.\n (B) The table of contents of such Act is amended--\n (i) by striking the item relating to section 249A; \n and\n (ii) by striking the items relating to subchapter D \n of chapter 2 of title II.\n (c) Termination.--Section 285(c) of such Act (19 U.S.C. 2271 note) \nis amended to read as follows:\n ``(c) No assistance, vouchers, allowances, or other payments may be \nprovided under chapter 2, and no technical assistance may be provided \nunder chapter 3, after September 30, 2003.''.\n\nSEC. 3. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; \n EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR.\n\n (a) Filing of Petitions and Provision of Rapid Response \nAssistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C. \n2271(a)) is amended to read as follows:\n ``(a)(1) A petition for certification of eligibility to apply for \nadjustment assistance for a group of workers under this chapter may be \nfiled with the Governor of the State in which such workers' firm or \nsubdivision is located by the following:\n ``(A) The group of workers (including workers in an \n agricultural firm or subdivision of any agricultural firm).\n ``(B) The certified or recognized union or other duly \n authorized representative of such workers.\n ``(C) Employers of such workers, one-stop career centers, \n or State employment agencies, on behalf of such workers.\n ``(2) Upon receipt of a petition filed under paragraph (1), the \nGovernor--\n ``(A) shall immediately transmit the petition to the \n Secretary of Labor (hereinafter in this chapter referred to as \n the `Secretary');\n ``(B) shall ensure that rapid response assistance and basic \n readjustment services authorized under other Federal laws are \n made available to the workers covered by the petition to the \n extent authorized under such laws; and\n ``(C) shall assist the Secretary in the review of the \n petition by verifying such information and providing such other \n assistance as the Secretary may request.\n ``(3) Upon receipt of the petition, the Secretary shall promptly \npublish notice in the Federal Register that the Secretary has received \nthe petition and initiated an investigation.''.\n (b) Expedited Review of Petitions by Secretary of Labor.--Section \n223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence \nby striking ``60 days'' and inserting ``40 days''.\n\nSEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR \n TRADE ADJUSTMENT ASSISTANCE.\n\n Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is \namended to read as follows:\n ``(a) A group of workers (including workers in any agricultural \nfirm or subdivision of an agricultural firm) shall be certified by the \nSecretary as eligible to apply for adjustment assistance under this \nchapter pursuant to a petition filed under section 221 if the Secretary \ndetermines that--\n ``(1) a significant number or proportion of the workers in \n such workers' firm or an appropriate subdivision of the firm \n have become totally or partially separated, or are threatened \n to become totally or partially separated; and\n ``(2)(A)(i) the sales or production, or both, of such firm \n or subdivision have decreased absolutely;\n ``(ii) imports of articles like or directly competitive \n with articles produced by such firm or subdivision have \n increased; and\n ``(iii) the increase in imports under clause (ii) \n contributed importantly to such workers' separation or threat \n of separation and to the decline in the sales or production of \n such firm or subdivision; or\n ``(B) there has been a shift in production by such workers' \n firm or subdivision to a foreign country of articles like or \n directly competitive with articles which are produced by such \n firm or subdivision.''.\n\nSEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS.\n\n Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by \nadding at the end the following subsection:\n ``(e) The Secretary shall collect and maintain information--\n ``(1) identifying the countries to which firms have shifted \n production resulting in certifications under section \n 222(a)(2)(B), including the number of such certifications \n relating to each country; and\n ``(2) to the extent feasible, identifying the countries \n from which imports of articles have resulted in certifications \n under section 222(a)(2)(A), including the number of such \n certifications relating to each country.''.\n\nSEC. 6. ENROLLMENT IN TRAINING REQUIREMENT.\n\n Section 231(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. \n2291(a)(5)(A)) is amended--\n (1) by inserting ``(i)'' after ``(A)'';\n (2) by adding ``and'' after the comma at the end; and\n (3) by adding at the end the following:\n ``(ii) the enrollment required under clause (i) \n occurs no later than the latest of--\n ``(I) the last day of the 16th week after \n the worker's most recent total separation from \n adversely affected employment which meets the \n requirements of paragraphs (1) and (2);\n ``(II) the last day of the 8th week after \n the week in which the Secretary issues a \n certification covering the worker; or\n ``(III) 45 days after the later of the \n dates specified in subclause (I) or (II), if \n the Secretary determines there are extenuating \n circumstances that justify an extension in the \n enrollment period;''.\n\nSEC. 7. WAIVERS OF TRAINING REQUIREMENTS.\n\n (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. \n2291(c)) is amended to read as follows:\n ``(c)(1) The Secretary may issue a written statement to a worker \nwaiving the enrollment in training requirement of subsection (a)(5)(A) \nif the Secretary determines that such training requirement is not \nfeasible or appropriate for the worker, as indicated by 1 or more of \nthe following:\n ``(A) The worker has been notified that the worker will be \n recalled by the firm from which the qualifying separation \n occurred.\n ``(B) The worker has marketable skills as determined \n pursuant to an assessment of the worker, which may include the \n profiling system under section 303(j) of the Social Security \n Act (42 U.S.C. 503(j)), carried out in accordance with \n guidelines issued by the Secretary.\n ``(C) The worker is within 2 years of meeting all \n requirements for entitlement to old-age insurance benefits \n under title II of the Social Security Act (42 U.S.C. 401 et \n seq.) (except for application therefor).\n ``(D) The worker is unable to participate in training due \n to health of the worker, except that a waiver under this \n subparagraph shall not be construed to exempt a worker from \n requirements relating to the availability for work, active \n search for work, or refusal to accept work under Federal or \n State unemployment compensation laws.\n ``(E) The first available enrollment date for the approved \n training of the worker is within 45 days after the date of the \n determination made under this paragraph, or, if later, there \n are extenuating circumstances for the delay in enrollment, as \n determined pursuant to guidelines issued by the Secretary.\n ``(F) There are insufficient funds available for training \n under this chapter, taking into account the limitation under \n section 236(a)(2)(A).\n ``(G) The duration of training appropriate for the \n individual to obtain suitable employment exceeds the \n individual's maximum entitlement to basic and additional trade \n readjustment allowances and, in addition, financial support \n available through other Federal or State programs, including \n title III of the Job Training Partnership Act (29 U.S.C. 1651 \n et seq.) or chapter 5 of subtitle B of title I of the Workforce \n Investment Act of 1998, that would enable the individual to \n complete a suitable training program cannot be assured.\n ``(2) The Secretary shall specify the duration of the waiver under \nparagraph (1) and shall periodically review the waiver to determine \nwhether the basis for issuing the waiver remains applicable. If at any \ntime the Secretary determines such basis is no longer applicable to the \nworker, the Secretary shall revoke the waiver.\n ``(3) Pursuant to the agreement under section 239, the Secretary \nmay authorize the State or State agency to carry out activities \ndescribed in paragraph (1) (except for the determination under \nsubparagraphs (F) and (G) of paragraph (1)). Such agreement shall \ninclude a requirement that the State or State agency submit to the \nSecretary the written statements provided pursuant to paragraph (1) and \na statement of the reasons for the waiver.\n ``(4) The Secretary shall submit an annual report to the Committee \non Finance of the Senate and the Committee on Ways and Means of the \nHouse of Representatives identifying the number of workers who received \nwaivers and the average duration of such waivers issued under this \nsubsection during the preceding year.''.\n (b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19 \nU.S.C. 2291(a)(5)(C)) is amended by striking ``certified''.\n\nSEC. 8. PROVISION OF TRADE READJUSTMENT ALLOWANCES DURING BREAKS IN \n TRAINING.\n\n Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is \namended in the matter preceding paragraph (1) by striking ``14 days'' \nand inserting ``30 days''.\n\nSEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING.\n\n Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. \n2296(a)(2)(A)) is amended by striking ``$80,000,000'' and inserting \n``$150,000,000''.\n\nSEC. 10. ELIMINATION OF QUARTERLY REPORT.\n\n Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is \namended by striking the last sentence of such subsection.\n\nSEC. 11. COORDINATION WITH ONE-STOP CAREER CENTERS, THE JOB TRAINING \n PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF \n 1998.\n\n (a) Coordination With One-Stops.--Section 235 of the Trade Act of \n1974 (19 U.S.C. 2295) is amended by inserting ``, including the \nservices provided through one-stop career centers'' before the period \nat the end of the first sentence.\n (b) Coordination With Job Training Partnership Act and Workforce \nInvestment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is \namended--\n (1) in the first sentence, by inserting after ``Job \n Training Partnership Act'' the following: ``or under provisions \n relating to dislocated worker employment and training \n activities under chapter 5 of subtitle B of title I of the \n Workforce Investment Act of 1998, as the case may be,''; and\n (2) by inserting after the first sentence the following: \n ``Such coordination shall include common reporting systems and \n elements, including common elements relating to participant \n data and performance outcomes (including employment, retention \n of employment, and wages).''.\n\nSEC. 12. SUPPORTIVE SERVICES.\n\n (a) In General.--Part II of subchapter B of chapter 2 of title II \nof the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding \nat the end the following:\n\n``SEC. 238A. SUPPORTIVE SERVICES.\n\n ``(a) Application.--Any adversely affected worker covered by a \ncertification under subchapter A of this chapter may file an \napplication with the Secretary for the provision of supportive \nservices, including transportation, child and dependent care, and other \nsimilar services.\n ``(b) Conditions.--The Secretary may approve an application filed \nunder subsection (a) and provide supportive services to an adversely \naffected worker only if the Secretary determines that--\n ``(1) the provision of such services is necessary to enable \n the worker to participate in or complete training; and\n ``(2) the provision of such services is consistent with the \n provision of supportive services to participants under the \n employment and training assistance for dislocated workers \n program under title III of the Job Training Partnership Act (29 \n U.S.C. 1651 et seq.), as in effect on the date of the enactment \n of the Trade Adjustment Assistance Reform Act of 1998, or under \n the provisions relating to dislocated worker employment and \n training activities under chapter 5 of subtitle B of title I of \n the Workforce Investment Act of 1998, as the case may be.''.\n (b) Conforming Amendment.--The table of contents of such Act is \namended by inserting after the item relating to section 238 the \nfollowing:\n\n``Sec. 238A. Supportive services.''.\n\nSEC. 13. ADDITIONAL CONFORMING AMENDMENTS.\n\n (a) Section 225.--Section 225(b) of the Trade Act of 1974 (19 \nU.S.C. 2275(b)) is amended in each of paragraphs (1) and (2) by \nstriking ``or subchapter D''.\n (b) Section 240.--Section 240(a) of such Act (19 U.S.C. 2312(a)) is \namended by striking ``subchapter B of''.\n\nSEC. 14. AVAILABILITY OF CONTINGENCY FUNDS.\n\n Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended \nby this Act, is further amended--\n (1) by striking ``There are authorized'' and inserting \n ``(a) In General.--There are authorized''; and\n (2) by adding at the end the following:\n ``(b) Contingency Funds.--Subject to the limitation contained in \nsection 236(a)(2), if in any fiscal year the funds available to carry \nout the programs under this chapter are exhausted, there shall be made \navailable from funds in the Treasury not otherwise appropriated amounts \nsufficient to carry out such programs for the remainder of the fiscal \nyear.''.\n\nSEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE FOR FIRMS.\n\n Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is \namended by striking ``and 1998'' and inserting ``1998, and 1999 through \n2003''.\n\nSEC. 16. PRESIDENTIAL COMMISSION ON WORKERS AND ECONOMIC CHANGE IN THE \n NEW ECONOMY.\n\n (a) Establishment.--There is established a commission to be known \nas the ``Presidential Commission on Workers and Economic Change in the \nNew Economy'' (in this section referred to as the ``Commission'').\n (b) Duties.--\n (1) Study.--The Commission shall conduct a thorough study \n of matters relating to economic dislocation and worker \n adjustment to such dislocations.\n (2) Conduct of study.--In carrying out the study under \n paragraph (1), the Commission shall examine--\n (A) the impact of trade, technology, and the \n changing nature of work organizations on workers and \n the economy, including worker dislocations resulting \n from these factors;\n (B) the effectiveness of existing education and job \n training programs at the Federal level in assisting \n workers in adjusting to economic change, including the \n adequacy of the design of such programs and resources \n devoted to such programs;\n (C) the strategies for providing workplace \n education and training to assist workers in acquiring \n new skills;\n (D) the role of public-private partnerships in \n implementing worker education and training; and\n (E) the role of income support and economic \n security programs in facilitating worker adjustment in \n rapidly changing economic circumstances.\n (c) Membership.--The Commission shall be composed of 15 members \nappointed by the President. The members of the Commission shall include \nindividuals who are--\n (1) Members of Congress;\n (2) workforce development professionals;\n (3) educators;\n (4) heads of appropriate State agencies;\n (5) business leaders; and\n (6) representatives of labor organizations who are \n nominated by a national labor federation.\n (d) Powers and Personnel.--The Commission shall have such general \npowers and authority with respect to personnel matters in the same \nmanner and to the same extent as the general powers and authority with \nrespect to personnel matters provided to the Twenty-First Century \nWorkforce Commission under sections 336 and 337 of the Workforce \nInvestment Act of 1998.\n (e) Report.--Not later than 18 months after the first meeting of \nthe Commission, the Commission shall prepare and submit to the \nPresident and the Congress a report that contains--\n (1) a detailed statement of the findings and conclusions of \n the Commission relating to the study carried out under \n subsection (b);\n (2) a compendium of best practices and policies carried out \n by employers and public-private partnerships in providing \n workers with the education and training needed to effectively \n adjust to economic change; and\n (3) any recommendations relating to legislative and \n administrative actions that the Commission determines to be \n appropriate.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 1999.\n\nSEC. 17. EFFECTIVE DATE; TRANSITION PROVISION.\n\n (a) Effective Date.--This Act, and the amendments made by this Act, \nshall take effect on the date of the enactment of this Act.\n (b) Transition.--The Secretary of Labor is authorized to establish \nsuch rules as the Secretary determines to be appropriate to provide for \nan orderly transition from the provisions of law amended or repealed by \nthis Act.","summary":"Trade Adjustment Assistance Reform Act of 1998 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2003 for trade adjustment assistance (TAA) for workers. Repeals the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program . Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop career centers, or State employment agencies to file on their behalf with the Governor of the State a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately. (2) ensure that rapid response assistance and basic readjustment services are made available to the workers. And (3) assist the Secretary in the review of the petition. Requires the Secretary to review such petitions for certification of eligibility within 40 days of its filing. Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop career centers. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. Authorizes appropriations to the Department of Labor for FY 1999 through 2003 for TAA for firms. Establishes the Presidential Commission on Workers and Economic Change in the New Economy to study and report to the President and the Congress on matters relating to economic dislocation and worker adjustment to such dislocations. Authorizes appropriations.","title":"Trade Adjustment Assistance Reform Act of 1998","text_len":19521,"sum_len":3128} {"bill_id":"113_s1308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Savings Through Public-\nPrivate Partnerships Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Private sector funding and expertise can help address \n the energy efficiency challenges facing the United States.\n (2) The Federal Government spends more than $6 billion \n annually in energy costs.\n (3) Reducing Federal energy costs can help save money, \n create jobs, and reduce waste.\n (4) Energy savings performance contracts and utility energy \n service contracts are tools for utilizing private sector \n investment to upgrade Federal facilities without any up-front \n cost to the taxpayer.\n (5) Performance contracting is a way to retrofit Federal \n buildings using private sector investment in the absence of \n appropriated dollars. Retrofits seek to reduce energy use, \n improve infrastructure, protect national security, and cut \n facility operations and maintenance costs.\n\nSEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS.\n\n (a) Implementation of Identified Energy Efficiency Measures.--\nSection 543(f)(4) of the National Energy Conservation Policy Act (42 \nU.S.C. 8253(f)(4)) is amended to read as follows:\n ``(4) Implementation of identified energy efficiency \n measures.--\n ``(A) In general.--Not later than 2 years after the \n completion of each evaluation under paragraph (3), each \n energy manager shall consider--\n ``(i) implementing any energy-saving or \n conservation measure that the Federal agency \n identified in the evaluation conducted under \n paragraph (3) that is life cycle cost-\n effective; and\n ``(ii) bundling individual measures of \n varying paybacks together into combined \n projects.\n ``(B) Measures not implemented.--The energy \n manager, as part of the certification system under \n paragraph (7) and using guidelines developed by the \n Secretary, shall provide reasons for not implementing \n any life cycle cost-effective measures under \n subparagraph (A).''.\n (b) Annual Contracting Goal.--Section 543(f)(10)(C) of the National \nEnergy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended--\n (1) by striking ``Each Federal agency'' and inserting the \n following:\n ``(i) In general.--Each Federal agency''; \n and\n (2) by adding at the end the following new clauses:\n ``(ii) Tracking.--Each Federal agency shall \n use the benchmarking systems selected or \n developed for the agency under paragraph (8) to \n track energy savings realized by the agency \n through the implementation of energy-saving or \n conservation measures pursuant to paragraph \n (4), and shall submit information regarding \n such savings to the Secretary to be published \n on a public Web site of the Department of \n Energy.\n ``(iii) Consideration.--Each Federal agency \n shall consider using energy savings performance \n contracts or utility energy service contracts \n to implement energy-saving or conservation \n measures pursuant to paragraph (4).\n ``(iv) Contracting goal.--It shall be the \n goal of the Federal Government, in the \n implementation of energy-saving or conservation \n measures pursuant to paragraph (4), to enter \n into energy savings performance contracts or \n utility energy service contracts equal to \n $1,000,000,000 in each year during the 5-year \n period beginning on January 1, 2014.\n ``(v) Report to congress.--Not later than \n September 30 of each year during the 5-year \n period referred to in clause (iv), each Federal \n agency shall submit to the Secretary \n information regarding progress made by the \n agency towards achieving the goal described in \n such clause. Not later than 60 days after each \n such September 30, the Secretary, acting \n through the Federal Energy Management Program, \n shall submit to the Committee on Energy and \n Commerce of the House of Representatives and \n the Committee on Energy and Natural Resources \n of the Senate a report describing the progress \n made by the Federal Government towards \n achieving such goal.''.","summary":"Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.","title":"Energy Savings Through Public-Private Partnerships Act of 2013","text_len":5445,"sum_len":1446} {"bill_id":"109_hr3146","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Video Choice Act of 2005''.\n\nSEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF.\n\n The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended \nby adding at the end the following new title:\n\n ``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF\n\n``SEC. 801. DEFINITIONS.\n\n ``(a) Competitive Video Services Provider.--For purposes of this \ntitle, the term `competitive video services provider' means any \nprovider of video programming, interactive on-demand services, other \nprogramming services, or any other video services, who has, pursuant to \nany Federal, State, or local law, any right, permission, or authority \nto establish or use lines in or across public rights-of-way, which \nright, permission or authority does not rely on, and is independent of, \nany cable franchise obtained pursuant to section 621.\n ``(b) Other Terms.--For the purposes of this title, any term used \nin this title that is defined by section 602 has the meaning provided \nby that section.\n\n``SEC. 802. REGULATORY RELIEF.\n\n ``(a) Redundant Franchises Prohibited.--Notwithstanding any other \nprovision of this Act, no competitive video services provider may be \nrequired, whether pursuant to section 621 or to any other provision of \nFederal, State, or local law, to obtain a franchise, in order to \nprovide any video programming, interactive on-demand services, other \nprogramming services, or any other video services in any geographic \narea if the provider has, pursuant to any Federal, State, or local law, \nany right, permission, or authority to establish lines in or across \npublic rights-of-way in such geographic area, which right, permission \nor authority does not rely on, and is independent of, any cable \nfranchise obtained pursuant to section 621.\n ``(b) Fees.--\n ``(1) Fees permitted.--Any competitive video services \n provider may be subject to the payment of fees to a local \n franchising authority, based on the gross revenues of the \n provider within the jurisdiction of such franchising authority, \n subject to the limitations of paragraph (2).\n ``(2) Limits on fees.--In determining the fees that may be \n required under paragraph (1)--\n ``(A) the rate at which fees are imposed shall not \n exceed--\n ``(i) the rate at which franchise fees are \n imposed on any cable operator providing cable \n service in the jurisdiction of the franchising \n authority, as determined in accordance with \n section 622 and any related regulations; or\n ``(ii) in any jurisdiction in which no \n cable operator provides service, no more than \n the rate at which franchise fees could be \n imposed rate on a cable operator in accordance \n with section 622 and any related regulations; \n and\n ``(B) the only revenues that shall be considered \n are those attributable to services that would be \n considered in calculating franchise fees if the \n provider were deemed a cable operator for purposes of \n section 622 and any related regulations.\n ``(3) Itemized billing permitted.--The competitive video \n services provider may designate that portion of the end user's \n bill attributable to the fee under this subsection as a \n separate item on the bill.\n ``(c) Regulatory Treatment.--\n ``(1) Obligations and duties.--Any competitive video \n services provider shall--\n ``(A) be subject to the retransmission consent \n provisions of section 325(b);\n ``(B) carry, within each local franchise area, any \n public, educational, or governmental use channels that \n are carried by cable operators within such franchise \n area, and, in any franchise area not served by a cable \n operator, provide reasonable public, educational or \n governmental access facilities pursuant to section 611;\n ``(C) carry the signals of local commercial \n television stations as required by section 614;\n ``(D) carry the signals of local noncommercial \n educational television stations as required by section \n 615;\n ``(E) not deny services to any group of potential \n residential subscribers because of the income of the \n residents of the local area in which such group \n resides;\n ``(F) be entitled to the benefits and protection of \n section 628;\n ``(G) protect the personally identifiable \n information of its subscribers in the same manner as is \n required of cable operators with respect to subscribers \n to cable services under section 631;\n ``(H) comply with any consumer protection and \n customer service requirements promulgated by the \n Commission pursuant to section 632;\n ``(I) be entitled to the benefits and protection of \n section 633;\n ``(J) be subject to the requirements of section \n 641;\n ``(K) be subject to the prohibition on buy outs of \n or by the incumbent cable operator under section 652; \n and\n ``(L) not be subject to any other provisions of \n title VI of this Act.\n ``(2) Determinations of local signals.--For purposes of \n complying with paragraphs (1) (C) and (D), a competitive video \n service provider shall treat as local television stations with \n respect to a customer located within the jurisdiction of any \n franchising authority the same stations that are treated as \n local television stations for a cable system located within \n such jurisdiction.\n ``(d) Other Regulation Prohibited.--Except to the extent expressly \nprovided in this title, neither the Commission nor any State or \npolitical subdivision thereof may regulate the rates, charges, terms, \nor conditions for, entry into, exit from, deployment or provision of, \nor any other aspect of the services provided by a competitive video \nservices provider.\n ``(e) State and Local Government Authority.--Except as provided in \nsubsection (a), nothing in this section affects the authority of a \nState or local government to manage the public rights-of-way.''.\n\nSEC. 3. REGULATION OF COMMON CARRIERS.\n\n Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C. \n571(a)(3)) is amended--\n (1) by striking ``or'' at the end of subparagraph (A);\n (2) by striking the period at the end of subparagraph (B) \n and inserting ``; or''; and\n (3) by adding at the end the following new subparagraph:\n ``(C) if such carrier is a competitive video \n services provider providing video programming pursuant \n to title VIII of this Act, such carrier shall not be \n subject to the requirements of this title except as \n provided in title VIII.''.","summary":"Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs.","title":"To promote deployment of competitive video services and eliminate redundant and unnecessary regulation.","text_len":7603,"sum_len":701} {"bill_id":"103_hr867","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Emergency Management Agency \nSunset Act of 1993''.\n\nSEC. 2. TRANSFER OF FUNCTIONS.\n\n (a) In General.--There are transferred to and vested in the \nSecretary of Defense all functions, powers, and duties of the Director \nof the Federal Emergency Management Agency under the Robert T. Stafford \nDisaster Relief and Emergency Assistance Act and any other provision of \nlaw.\n (b) Effective Date.--The transfer of authority under subsection (a) \nshall take effect beginning on the 90th day after the date of the \nenactment of this Act.\n\nSEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.\n\n (a) In General.--The personnel (including members of the Senior \nExecutive Service) employed in connection with, and the assets, \nliabilities, contracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds employed, \nheld, used, arising from, available to or to be made available in \nconnection with, any function transferred by section 2 of this Act, \nsubject to section 1531 of title 31, United States Code, shall be \ntransferred to the Secretary of Defense for appropriate allocation. \nPersonnel employed in connection with functions so transferred or \ntransferred in accordance with any other lawful authority, shall be \ntransferred in accordance with any applicable laws and regulations \nrelating to transfer of functions. Unexpended funds transferred \npursuant to this subsection shall only be used for the purpose for \nwhich the funds were originally authorized and appropriated.\n (b) Facilitation of Transfer by O.M.B.--In order to facilitate the \ntransfers made by section 2 of this Act, the Director of the Office of \nManagement and Budget is authorized and directed, in consultation with \nthe Director of the Federal Emergency Management Agency and the \nSecretary of Defense, to make such determinations as may be necessary \nwith regard to the functions so transferred, and to make such \nadditional incidental dispositions of personnel, assets, liabilities, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds held, \nused, arising from, available to, or to be made available in connection \nwith, such functions, as may be necessary to resolve any disputes \nbetween the Director of the Federal Emergency Management Agency and the \nSecretary of Defense.\n (c) Planning.--The Director of the Federal Emergency Management \nAgency and the Secretary of Defense shall, beginning as soon as \npracticable after the date of the enactment of this Act, jointly plan \nfor the orderly transfer of functions and personnel pursuant to this \nAct.\n\nSEC. 4. EFFECT ON PERSONNEL.\n\n (a) Rate of Pay.--Employees covered by the merit pay system under \nchapter 54 of title 5, United States Code, who are transferred under \nsection 3 of this Act to the Department of Defense shall have their \nrate of basic pay adjusted in accordance with section 5402 of such \ntitle. With respect to the evaluation period during which such an \nemployee is transferred, merit pay determinations for that employee \nshall be based on the factors in section 5402(b)(2) of such title as \nappraised in performance appraisals administered by the Federal \nEmergency Management Agency in accordance with chapter 43 of title 5, \nUnited States Code, in addition to those administered by the agency to \nwhich the employee is transferred.\n (b) Use of Services of F.E.M.A. Personnel.--With the consent of the \nDirector of the Federal Emergency Management Agency, the Secretary of \nDefense is authorized to use the services of such officers, employees, \nand other personnel of the Federal Emergency Management Agency for such \nperiod of time as may reasonably be needed to facilitate the orderly \ntransfer of such functions.\n\nSEC. 5. SAVING PROVISIONS.\n\n (a) Existing Orders, Determinations, Rules, Regulations, and \nAgreements.--All orders, determinations, rules, regulations, and \nagreements--\n (1) which have been issued, made, granted, or allowed to \n become effective by the President, any agency or official \n thereof, or by a court of competent jurisdiction, in the \n performance of any function which is transferred by section 2 \n of this Act; and\n (2) which are in effect on the date of the enactment of \n this Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe Secretary of Defense, or other authorized officials, a court of \ncompetent jurisdiction, or by operation of law.\n (b) Pending Applications.--The transfers of functions made by \nsection 2 of this Act shall not affect any application for any \nfinancial assistance pending at the time such transfers take effect \nbefore the Director of the Federal Emergency Management Agency.\n (c) Pending Suits.--Except as provided in subsection (e)--\n (1) the transfer of any function under section 2 of this \n Act shall not affect any suit relating to such function which \n is commenced prior to the date the transfer takes effect; and\n (2) in all such suits, proceedings shall be had, appeals \n taken, and judgments rendered in the same manner and effect as \n if section 2 of this Act had not been enacted.\n (d) Causes of Action.--No suit, action, or other proceeding \ncommenced by or against any officer in his official capacity as an \nofficer of the Federal Emergency Management Agency shall abate by \nreason of the transfer of any function under section 2 of this Act. No \ncause of action by or against the Federal Emergency Management Agency, \nor by or against any officer thereof in his official capacity, shall \nabate by reason of the transfer of any function under section 2 of this \nAct.\n (e) Party to a Suit.--If, before the date of the enactment of this \nAct, the Federal Emergency Management Agency, or officer thereof in his \nofficial capacity, is a party to a suit relating to a function \ntransferred by section 2 of this Act, then such suit shall be continued \nwith the Secretary of Defense.\n (f) References.--With respect to any function transferred to the \nSecretary of Defense by section 2 of this Act and exercised after the \neffective date of such transfer, reference in any Federal law to the \nFederal Emergency Management Agency, or to any officer or office of the \nFederal Emergency Management Agency, shall be deemed to refer to the \nDepartment of Defense, or other official or component of the Department \nof Defense.\n (g) Force and Effect of Actions.--In the exercise of any function \ntransferred under section 2 of this Act, the Secretary of Defense shall \nhave the same authority as that vested in the Director of the Federal \nEmergency Management Agency with respect to such function, immediately \npreceding its transfer, and actions of the Secretary of Defense shall \nhave the same force and effect as when exercised by the Director of the \nFederal Emergency Management Agency.\n (h) Continuity.--In exercising any function transferred by section \n2 of this Act, the Secretary of Defense shall give full consideration \nto the need for operational continuity of the function transferred.","summary":"Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act.","title":"Federal Emergency Management Agency Sunset Act of 1993","text_len":7364,"sum_len":514} {"bill_id":"108_s2359","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy Employees, Healthy Small \nBusinesses Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) In 2002, 44,000,000 Americans were without health \n insurance for the entire year, and the vast majority of these \n uninsured people are in working families.\n (2) The number of employees in a business greatly affects \n the likelihood of whether or not its employees are offered \n health insurance. In 2003, 98 percent of firms with over 200 \n employees offered health benefits, while only 55 percent of \n firms with under 10 workers did.\n (3) Among uninsured workers in 2001, over half held jobs \n with companies having fewer than 100 employees.\n (4) The cost of health insurance for employers is very \n high. On average, in 2003, the total cost of an individual \n health plan was $3,383, of which the employee paid an average \n of $508 and the employer paid an average of $2875. For a family \n policy, the average cost was $9,068, with the employer bearing \n $6,656 and the employee shouldering $2,412.\n\nSEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE \n EXPENSES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and inserting \nafter section 35 the following new section:\n\n``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES.\n\n ``(a) Determination of Amount.--In the case of a qualified small \nemployer, there shall be allowed as a credit against the tax imposed by \nthis subtitle for the taxable year an amount equal to the expense \namount described in subsection (b) paid by the taxpayer during the \ntaxable year.\n ``(b) Subsection (b) Expense Amount.--For purposes of this \nsection--\n ``(1) In general.--The expense amount described in this \n subsection is the applicable percentage of the amount of \n qualified employee health insurance expenses of each qualified \n employee.\n ``(2) Applicable percentage.--For purposes of paragraph \n (1), the applicable percentage is equal to--\n ``(A) for any qualified small employer described in \n subparagraph (A) of paragraph (4), 50 percent,\n ``(B) for any qualified small employer described in \n subparagraph (B) of paragraph (4), 35 percent, and\n ``(C) for any qualified small employer described in \n subparagraph (C) of paragraph (4), 25 percent.\n ``(3) Per employee dollar limitation.--\n ``(A) In general.--The amount of qualified employee \n health insurance expenses taken into account under \n paragraph (1) with respect to any qualified employee \n for any taxable year shall not exceed--\n ``(i) for any qualified small employer \n described in subparagraph (A) of paragraph \n (4)--\n ``(I) $1,500 in the case of self-\n only coverage, and\n ``(II) $3,400 in the case of family \n coverage,\n ``(ii) for any qualified small employer \n described in subparagraph (B) of paragraph \n (4)--\n ``(I) $1,100 in the case of self-\n only coverage, and\n ``(II) $2,400 in the case of family \n coverage, and\n ``(iii) for any qualified small employer \n described in subparagraph (C) of paragraph \n (4)--\n ``(I) $750 in the case of self-only \n coverage, and\n ``(II) $1,700 in the case of family \n coverage.\n ``(B) Inflation adjustment.--\n ``(i) In general.--In the case of any \n taxable year beginning after 2006, each dollar \n amount referred to in subparagraph (A) shall be \n increased by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n (1)(f)(3) for the calendar year in \n which the taxable year begins, by \n substituting `2005' for `1992'.\n ``(ii) Rounding.--If any amount as adjusted \n under clause (i) is not a multiple of $100, \n such amount shall be rounded to the next lowest \n multiple of $100.\n ``(4) Qualified small employers described.--A qualified \n small employer is described in--\n ``(A) this subparagraph if such employer employed \n an average of 9 or fewer employees (as determined under \n subsection (c)(1)(A)(ii)),\n ``(B) this subparagraph if such employer employed \n an average of more than 9 but less than 25 employees \n (as so determined), and\n ``(C) this subparagraph if such employer employed \n an average of more than 24 but not more than 50 \n employees (as so determined).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified small employer.--\n ``(A) In general.--The term `qualified small \n employer' means, with respect to any calendar year, any \n employer if--\n ``(i) such employer pays or incurs at least \n 75 percent of the qualified employee health \n insurance expenses of each qualified employee \n (determined without regard to subsection \n (b)(3)), and\n ``(ii) such employer employed an average of \n 50 or fewer employees on business days during \n either of the 2 preceding calendar years.\n For purposes of clause (ii), a preceding calendar year \n may be taken into account only if the employer was in \n existence throughout such year.\n ``(B) Employers not in existence in preceding \n year.--In the case of an employer which was not in \n existence throughout the 1st preceding calendar year, \n the determination under subparagraph (A)(ii) shall be \n based on the average number of employees that it is \n reasonably expected such employer will employ on \n business days in the current calendar year.\n ``(2) Qualified employee health insurance expenses.--\n ``(A) In general.--The term `qualified employee \n health insurance expenses' means any amount paid by an \n employer for health insurance coverage (as defined in \n section 9832(b)(1)) to the extent such amount is \n attributable to coverage provided to any employee while \n such employee is a qualified employee.\n ``(B) Exception for amounts paid under salary \n reduction arrangements.--No amount paid or incurred for \n health insurance coverage pursuant to a salary \n reduction arrangement shall be taken into account under \n subparagraph (A).\n ``(3) Qualified employee.--\n ``(A) In general.--The term `qualified employee' \n means, with respect to any period, an employee of an \n employer if--\n ``(i) the annual amount of hours in the \n employ of such employer by such employee is at \n least 400 hours,\n ``(ii) the total amount of wages paid or \n incurred by such employer to such employee at \n an annual rate during the taxable year is at \n least $5,000, and\n ``(iii) such employee is not eligible for--\n ``(I) any benefits under title \n XVIII, XIX, or XXI of the Social \n Security Act, or\n ``(II) any other publicly-sponsored \n health insurance program.\n ``(B) Treatment of certain employees.--For purposes \n of subparagraph (A), the term `employee'--\n ``(i) shall not include an employee within \n the meaning of section 401(c)(1), and\n ``(ii) shall include a leased employee \n within the meaning of section 414(n).\n ``(C) Wages.--The term `wages' has the meaning \n given such term by section 3121(a) (determined without \n regard to any dollar limitation contained in such \n section).\n ``(d) Certain Rules Made Applicable.--For purposes of this section, \nrules similar to the rules of section 52 shall apply.\n ``(e) Coordination With Deduction for Health Insurance Costs of \nSelf-Employed Individuals.--In the case of a taxpayer who is eligible \nto deduct any amount under section 162(l) for the taxable year, this \nsection shall apply only if the taxpayer elects not to claim any amount \nas a deduction under such section for such year.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 36 of such Code''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the last item and inserting the \n following new items:\n\n ``Sec. 36. Small business employee health \n insurance expenses.\n ``Sec. 37. Overpayments of tax.''.\n (e) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred in taxable years beginning after \nDecember 31, 2004.","summary":"Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for small business health insurance costs, and for other purposes.","text_len":11123,"sum_len":210} {"bill_id":"106_hr1981","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Reserves Small Business \nRelief Act''.\n\nSEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVES.\n\n Section 7 of the Small Business Act (15 U.S.C. 636) is amended by \nadding at the end the following:\n ``(n) Repayment Deferred for Active Duty Reserves.--\n ``(1) Deferral of direct loans.--\n ``(A) In general.--The Administration shall, upon \n written request, defer repayment of principal and \n interest due during the period of deferral described in \n subparagraph (B) on any direct loan made under \n subsection (a) or (b), if such loan was incurred by a \n qualified borrower.\n ``(B) Period of deferral.--The period of deferral \n for repayment under this paragraph shall begin on the \n date on which the eligible reserve is ordered to active \n duty during a period of military conflict and shall \n terminate on the later of--\n ``(i) the date that is 180 days after the \n date such eligible reserve is discharged or \n released from active duty; and\n ``(ii) the date that is 180 days after the \n date of enactment of this subsection.\n ``(C) No accrual of interest during deferral.--\n During the period of deferral described in subparagraph \n (B), no interest shall accrue on any deferred loan.\n ``(2) Applicability.--This subsection shall apply with \n respect to any period of military conflict beginning on or \n after August 1, 1990.\n ``(3) Definitions.--In this subsection:\n ``(A) Eligible reserve.--The term `eligible \n reserve' means a member of a reserve component of the \n Armed Forces serving pursuant to a call or order to \n active duty, or an order to remain on active duty, \n during a period of military conflict.\n ``(B) Owner, manager, or key employee.--The term \n `owner, manager, or key employee' means an individual \n who--\n ``(i) has not less than a 20 percent \n ownership interest in a small business concern \n described in subparagraph (D)(ii);\n ``(ii) is a manager responsible for the \n day-to-day operations of such small business \n concern; or\n ``(iii) is a key employee (as defined by \n the Administration) of such small business \n concern.\n ``(C) Period of military conflict.--The term \n `period of military conflict' means--\n ``(i) a period of war declared by Congress;\n ``(ii) a period of national emergency \n declared by Congress or by the President; or\n ``(iii) a period for which members of \n reserve components of the Armed Forces are \n serving on active duty in the Armed Forces \n under a call or order to active duty, under \n section 688, 12301(a), 12302, 12304, or 12306 \n of title 10, United States Code.\n ``(D) Qualified borrower.--The term `qualified \n borrower' means--\n ``(i) an individual who is an eligible \n reserve and who received a direct loan under \n subsection (a) or (b) before being called or \n ordered to active duty, or being ordered to \n remain on active duty, during a period of \n military conflict; or\n ``(ii) a small business concern that \n received a direct loan under subsection (a) or \n (b) before an eligible reserve, who is \nan owner, manager, or key employee, was called or ordered to active \nduty, or was ordered to remain on active duty, during a period of \nmilitary conflict.''.\n\nSEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVES' SMALL \n BUSINESSES.\n\n (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. \n636(b)) is amended by inserting after the undesignated paragraph that \nbegins with ``Provided, That no loan'', the following:\n ``(3)(A) The Administration may make such disaster loans \n (either directly or in cooperation with banks or other lending \n institutions through agreements to participate on an immediate \n or deferred basis) to assist a small business concern \n (including a small business concern engaged in the lease or \n rental of real or personal property) that has suffered or that \n is likely to suffer economic injury as the result of a call or \n order to active military duty, or an order to remain on active \n duty, of an owner, manager, or key employee of such small \n business concern during a period of military conflict.\n ``(B) Any loan or guarantee extended pursuant to this \n paragraph shall be made at an annual interest rate of 4 \n percent, without regard to the ability of the small business \n concern to secure credit elsewhere.\n ``(C) No loan may be made under this paragraph, either \n directly or in cooperation with banks or other lending \n institutions through agreements to participate on an immediate \n or deferred basis, if the total amount outstanding and \n committed to the borrower under this subsection would exceed \n $500,000, except that the Administration may waive the $500,000 \n limitation if the Administration determines that the applicant \n for the loan constitutes a major source of employment in its \n surrounding area, and such area is not larger than the \n surrounding county.\n ``(D) For purposes of assistance under this paragraph, no \n declaration of a disaster area shall be required.\n ``(E) This paragraph shall apply with respect to any period \n of military conflict beginning on or after August 1, 1990.\n ``(F) In this paragraph--\n ``(i) the term `economic injury' means an economic \n harm to a business concern that results in the \n inability of the business concern to market, produce, \n or provide a product or service ordinarily marketed, \n produced, or provided by the business concern;\n ``(ii) the term `owner, manager, or key employee' \n means an individual who--\n ``(I) has not less than a 20 percent \n ownership interest in the small business \n concern;\n ``(II) is a manager responsible for the \n day-to-day operations of such small business \n concern; or\n ``(III) is a key employee (as defined by \n the Administration) of such small business \n concern; and\n ``(iii) the term `period of military conflict' has \n the meaning given the term in subsection (n)(3).''.\n (b) Conforming Amendments.--Section 4(c) of the Small Business Act \n(15 U.S.C. 633(c)) is amended--\n (1) in paragraph (1), by striking ``7(b)(4),''; and\n (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), \n 7(b)(6), 7(b)(7), 7(b)(8),''.\n\nSEC. 4. REGULATIONS.\n\n Not later than 60 days after the date of enactment of this Act, the \nSmall Business Administration shall issue such regulations as may be \nnecessary to carry out the amendments made by sections 2 and 3.","summary":"Military Reserves Small Business Relief Act - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty. And (2) is the owner, manager, or key employee of a small business for which the loan was made. Extends such deferral period until the later of 180 days after: (1) such reservist is discharged or released from active duty. Or (2) the date of enactment of this Act. Applies such assistance to periods of military conflict occurring on or after August 1, 1990. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such business being ordered to active duty during a period of military conflict. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after August 1, 1990.","title":"Military Reserves Small Business Relief Act","text_len":8238,"sum_len":1166} {"bill_id":"110_hr3835","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Freedom Agenda Act of \n2007''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Unchecked power by any branch leads to oppressive \n transgressions on individual freedoms and ill-considered \n government policies.\n (2) The Founding Fathers enshrined checks and balances in \n the Constitution to protect against government abuses to derail \n ill-conceived domestic or foreign endeavors.\n (3) Checks and balances make the Nation safer by preventing \n abuses that would be exploited by Al Qaeda to boost terrorist \n recruitment, would deter foreign governments from cooperating \n in defeating international terrorism, and would make the \n American people reluctant to support aggressive counter-\n terrorism measures.\n (4) Checks and balances have withered since 9\/11 and an \n alarming concentration of power has been accumulated in the \n presidency based on hyper-inflated fears of international \n terrorism and a desire permanently to alter the equilibrium of \n power between the three branches of government.\n (5) The unprecedented constitutional powers claimed by the \n President since 9\/11 subtracted national security and have been \n asserted for non-national security purposes.\n (6) Experience demonstrates that global terrorism can be \n thwarted, deterred, and punished through muscular application \n of law enforcement measures and prosecutions in Federal \n civilian courts in lieu of military commissions or military \n law.\n (7) Congressional oversight of the executive branch is \n necessary to prevent secret government, which undermines self-\n government and invites lawlessness and maladministration.\n (8) The post-9\/11 challenges to checks and balances are \n unique in the Nation's history because the war on global \n terrorism has no discernable end.\n (b) Purpose.--The American Freedom Agenda Act of 2007 is intended \nto restore the Constitution's checks and balances and protections \nagainst government abuses as envisioned by the Founding Fathers.\n\nSEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS.\n\n (a) The Military Commissions Act of 2006 is hereby repealed.\n (b) The President is authorized to establish military commissions \nfor the trial of war crimes only in places of active hostilities \nagainst the United States where an immediate trial is necessary to \npreserve fresh evidence or to prevent local anarchy.\n (c) The President is prohibited from detaining any individual \nindefinitely as an unlawful enemy combatant absent proof by substantial \nevidence that the individual has directly engaged in active hostilities \nagainst the United States, provided that no United States citizen shall \nbe detained as an unlawful enemy combatant.\n (d) Any individual detained as an enemy combatant by the United \nStates shall be entitled to petition for a writ of habeas corpus under \nsection 2241 of title 28, United States Code.\n\nSEC. 4. TORTURE OR COERCED CONFESSIONS.\n\n No civilian or military tribunal of the United States shall admit \nas evidence statements extracted from the defendant by torture or \ncoercion.\n\nSEC. 5. INTELLIGENCE GATHERING.\n\n No Federal agency shall gather foreign intelligence in \ncontravention of the Foreign Intelligence Surveillance Act (50 U.S.C. \n1801 et seq.). The President's constitutional power to gather foreign \nintelligence is subordinated to this provision.\n\nSEC. 6. PRESIDENTIAL SIGNING STATEMENTS.\n\n The House of Representatives and Senate collectively shall enjoy \nstanding to file a declaratory judgment action in an appropriate \nFederal district court to challenge the constitutionality of a \npresidential signing statement that declares the President's intent to \ndisregard provisions of a bill he has signed into law because he \nbelieves they are unconstitutional.\n\nSEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD.\n\n No officer or agent of the United States shall kidnap, imprison, or \ntorture any person abroad based solely on the President's belief that \nthe subject of the kidnapping, imprisonment, or torture is a criminal \nor enemy combatant; provided that kidnapping shall be permitted if \nundertaken with the intent of bringing the kidnapped person for \nprosecution or interrogation to gather intelligence before a tribunal \nthat meets international standards of fairness and due process. A \nknowing violation of this section shall be punished as a felony \npunishable by a fine or imprisonment of up to 2 years.\n\nSEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT.\n\n Nothing in the Espionage Act of 1917 shall prohibit a journalist \nfrom publishing information received from the executive branch or \nCongress unless the publication would cause direct, immediate, and \nirreparable harm to the national security of the United States.\n\nSEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS.\n\n Notwithstanding any other law, secret evidence shall not be used by \nthe President or any other member of the executive branch to designate \nan individual or organization with a United States presence as a \nforeign terrorist or foreign terrorist organization for purposes of the \ncriminal law or otherwise imposing criminal or civil sanctions.","summary":"American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any US citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United States from admitting as evidence statements extracted from the defendant by torture or coercion. Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition. Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. Prohibits any US officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to US national security. Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a US presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions.","title":"To restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers.","text_len":5521,"sum_len":2414} {"bill_id":"105_hr2485","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Superfund Liability \nRelief Act of 1997''.\n\nSEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND.\n\n (a) Liability Exemption.--Section 107(a) of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9607(a)) is amended as follows:\n (1) In paragraph (4), by striking ``by such person,'' and \n all that follows through ``shall be liable for--'' and \n inserting in lieu thereof the following: ``by such person--\nfrom which there is a release, or a threatened release, that causes the \nincurrence of response costs, of a hazardous substance, shall be liable \nfor--''.\n (2) By designating the text beginning with ``The amounts \n recoverable'' and ending with ``this subsection commences.'' as \n paragraph (5) and aligning the margin of such text with \n paragraph (4).\n (3) By adding the following new paragraph after paragraph \n (5):\n ``(6)(A) Notwithstanding paragraphs (1) through (4) of this \n subsection, a person who does not impede the performance of a \n response action or natural resource restoration at a facility \n shall not be liable to the extent liability at such facility is \n based solely on paragraph (3) or (4) of this subsection, and \n the person arranged for disposal, treatment, or transport for \n disposal or treatment, or accepted for transport for disposal \n or treatment of only municipal solid waste or sewage sludge \n owned or possessed by such person, and the person is--\n ``(i) the owner, operator, or lessee of residential \n property;\n ``(ii) a small business; or\n ``(iii) a small non-profit organization.\n ``(B) This paragraph shall have no effect on the liability \n of any other person.''.\n (b) Small Business Defined.--Section 101 of such Act (42 U.S.C. \n9601) is amended by adding at the end the following new paragraph:\n ``(39) Small business.--The term `small business' refers to \n any business entity that employs no more than 100 individuals \n and is a `small business concern' as defined under the Small \n Business Act (15 U.S.C. 631 et seq.).''.\n\nSEC. 3. INNOCENT LANDOWNER PROTECTION UNDER SUPERFUND.\n\n (a) Environmental Site Assessment.--Section 107 of the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980 (42 U.S.C. 9607) is further amended by adding at the end the \nfollowing new subsection:\n ``(o) Innocent Landowners.--\n ``(1) Conduct of environmental assessment.--A person who \n has acquired real property shall have made all appropriate \n inquiry within the meaning of subparagraph (B) of section \n 101(35) if he establishes that, within 180 days prior to the \n time of acquisition, an environmental site assessment of the \n real property was conducted which meets the requirements of \n paragraph (2).\n ``(2) Definition of environmental site assessment.--For \n purposes of this subsection, the term `environmental site \n assessment' means an assessment conducted in accordance with \n the standards set forth in the American Society for Testing and \n Materials (ASTM) Standard E1527-94, titled `Standard Practice \n for Environmental Site Assessments: Phase I Environmental Site \n Assessment Process' or with alternative standards issued by \n rule by the President or promulgated or developed by others and \n designated by rule by the President. Before issuing or \n designating alternative standards, the President shall first \n conduct a study of commercial and industrial practices \n concerning environmental site assessments in the transfer of \n real property in the United States. Any such standards issued \n or designated by the President shall also be deemed to \nconstitute commercially reasonable and generally accepted standards and \npractices for purposes of this paragraph. In issuing or designating any \nsuch standards, the President shall consider requirements governing \neach of the following:\n ``(A) Interviews of owners, operators, and \n occupants of the property to determine information \n regarding the potential for contamination.\n ``(B) Review of historical sources as necessary to \n determine previous uses and occupancies of the property \n since the property was first developed. For purposes of \n this subclause, the term `historical sources' means any \n of the following, if they are reasonably ascertainable: \n recorded chain of title documents regarding the real \n property, including all deeds, easements, leases, \n restrictions, and covenants, aerial photographs, fire \n insurance maps, property tax files, USGS 7.5 minutes \n topographic maps, local street directories, building \n department records, zoning\/land use records, and any \n other sources that identify past uses and occupancies \n of the property.\n ``(C) Determination of the existence of recorded \n environmental cleanup liens against the real property \n which have arisen pursuant to Federal, State, or local \n statutes.\n ``(D) Review of reasonably ascertainable Federal, \n State, and local government records of sites or \n facilities that are likely to cause or contribute to \n contamination at the real property, including, as \n appropriate, investigation reports for such sites or \n facilities; records of activities likely to cause or \n contribute to contamination at the real property, \n including landfill and other disposal location records, \n underground storage tank records, hazardous waste \n handler and generator records and spill reporting \n records; and such other reasonably ascertainable \n Federal, State, and local government environmental \n records which could reflect incidents or activities \n which are likely to cause or contribute to \n contamination at the real property.\n ``(E) A visual site inspection of the real property \n and all facilities and improvements on the real \n property and a visual inspection of immediately \n adjacent properties, including an investigation of any \n hazardous substance use, storage, treatment, and \n disposal practices on the property.\n ``(F) Any specialized knowledge or experience on \n the part of the landowner.\n ``(G) The relationship of the purchase price to the \n value of the property if uncontaminated.\n ``(H) Commonly known or reasonably ascertainable \n information about the property.\n ``(I) The obviousness of the presence or likely \n presence of contamination at the property, and the \n ability to detect such contamination by appropriate \n investigation.\n A record shall be considered to be `reasonably ascertainable' \n for purposes of this paragraph if a copy or reasonable \n facsimile of the record is publicly available by request \n (within reasonable time and cost constraints) and the record is \n practically reviewable.\n ``(3) Appropriate inquiry.--A person shall not be treated \n as having made all appropriate inquiry under paragraph (1) \n unless--\n ``(A) the person has maintained a compilation of \n the information reviewed and gathered in the course of \n the environmental site assessment;\n ``(B) the person exercised appropriate care with \n respect to hazardous substances found at the facility \n by taking reasonable steps to stop on-going releases, \n prevent threatened future releases of hazardous \n substances, and prevent or limit human or natural \n resource exposure to hazardous substances previously \n released into the environment; and\n ``(C) the person provides full cooperation, \n assistance, and facility access to persons authorized \n to conduct response actions or natural resource \n restoration at the facility, including the cooperation \n and access necessary for the installation, integrity, \n operation, and maintenance of any complete or partial \n response action or natural resource restoration at the \n facility.''.\n (b) Cross Reference.--Section 101(35)(B) of such Act (42 U.S.C. \n9601(35)(B)) is amended by inserting after ``all appropriate inquiry'' \nthe following: ``(as specified in section 107(o))''.\n\nSEC. 4. PROSPECTIVE PURCHASER PROTECTION UNDER SUPERFUND.\n\n (a) Limitations on Liability.--Section 107 of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9607) is further amended by adding at the end the following new \nsubsection:\n ``(p) Limitations on Liability for Prospective Purchasers.--\nNotwithstanding paragraphs (1) through (4) of subsection (a), to the \nextent the liability of a person, with respect to a release or the \nthreat of a release from a facility, is based solely on subsection \n(a)(1), the person shall not be liable under this Act if the person--\n ``(1) is a bona fide prospective purchaser of the facility; \n and\n ``(2) does not impede the performance of any response \n action or natural resource restoration at a facility.''.\n (b) Prospective Purchaser and Windfall Lien.--Section 107 of the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980 (as amended by subsection (a)) is further amended by adding \nafter subsection (p) the following new subsection:\n ``(q) Prospective Purchaser and Windfall Lien.--\n ``(1) In general.--In any case in which there are \n unrecovered response costs at a facility for which an owner of \n the facility is not liable by reason of subsection (p), and the \n conditions described in paragraph (3) are met, the United \n States shall have a lien on the facility, or may obtain, from \n the appropriate responsible party or parties, a lien on other \n property or other assurances of payment satisfactory to the \n Administrator, for the unrecovered costs.\n ``(2) Amount; duration.--The lien--\n ``(A) shall be for an amount not to exceed the \n increase in fair market value of the property \n attributable to the response action at the time of a \n subsequent sale or other disposition of the property;\n ``(B) shall arise at the time costs are first \n incurred by the United States with respect to a \n response action at the facility;\n ``(C) shall be subject to the requirements for \n notice and validity specified in subsection (l)(3); and\n ``(D) shall continue until the earlier of \n satisfaction of the lien or recovery of all response \n costs incurred at the facility.\n ``(3) Conditions.--The conditions referred to in paragraph \n (1) are the following:\n ``(A) Response action.--A response action for which \n there are unrecovered costs is carried out at the \n facility.\n ``(B) Fair market value.--The response action \n increases the fair market value of the facility above \n the fair market value of the facility that existed on \n the date that is 180 days before the response action \n was commenced.''.\n (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of \nthe Comprehensive Environmental Response, Compensation, and Liability \nAct of 1980 (42 U.S.C. 9601) is further amended by adding at the end \nthe following:\n ``(40) Bona fide prospective purchaser.--The term `bona \n fide prospective purchaser' means a person who acquires \n ownership of a facility after the date of enactment of this \n paragraph, or a tenant of such a person, who can establish each \n of the following by a preponderance of the evidence:\n ``(A) Disposal prior to acquisition.--All active \n disposal of hazardous substances at the facility \n occurred before the person acquired the facility.\n ``(B) Inquiry.--\n ``(i) In general.--The person made all \n appropriate inquiry into the previous ownership \n and uses of the facility in accordance with \n generally accepted good commercial and \n customary standards and practices.\n ``(ii) Standards.--The ASTM standards \n described in section 107(o)(2) or the \n alternative standards issued or designated by \n the President pursuant to that section shall \n satisfy the requirements of this subparagraph.\n ``(iii) Residential property.--In the case \n of property in residential or other similar use \n at the time of purchase by a nongovernmental or \n noncommercial entity, a site inspection and \n title search that reveal no basis for further \n investigation shall satisfy the requirements of \n this subparagraph.\n ``(C) Notices.--The person provided all legally \n required notices with respect to the discovery or \n release of any hazardous substances at the facility.\n ``(D) Care.--The person exercised appropriate care \n with respect to hazardous substances found at the \n facility by taking reasonable steps to--\n ``(i) stop ongoing releases;\n ``(ii) prevent threatened future releases \n of hazardous substances; and\n ``(iii) prevent or limit human or natural \n resource exposure to hazardous substances \n previously released into the environment.\n ``(E) Cooperation, assistance, and access.--The \n person provides full cooperation, assistance, and \n facility access to such persons as are authorized to \n conduct response actions at the facility, including the \n cooperation and access necessary for the installation, \n integrity, operation, and maintenance of any complete \n or partial response action at the facility.\n ``(F) Relationship.--The person is not liable, or \n is not affiliated with any other person that is \n potentially liable, for response costs at the facility, \n through any direct or indirect familial relationship, \n or any contractual, corporate, or financial \n relationship other than that created by the instruments \n by which title to the facility is conveyed or \n financed.''.","summary":"Common Sense Superfund Liability Relief Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is: (1) the owner, operator, or lessee of residential property, (2) a small business. Or (3) a small nonprofit organization. Adds provisions related to defenses to liability of an owner of after-acquired property, to deem a person to have made appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken.","title":"Common Sense Superfund Liability Relief Act of 1997","text_len":16280,"sum_len":1696} {"bill_id":"114_hr2896","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taking Account of Institutions with \nLow Operation Risk Act of 2015'' or the ``TAILOR Act of 2015''.\n\nSEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS.\n\n (a) In General.--For any regulatory action occurring subsequent to \nenactment of this section, and notwithstanding any other provision of \nlaw, the Federal financial institutions regulatory agencies shall--\n (1) take into consideration the risk profile and business \n models of the various institutions or classes of institutions \n subject to the regulatory action;\n (2) determine the necessity, appropriateness, and impact of \n applying such regulatory action to such institutions or classes \n of institutions; and\n (3) tailor such regulatory action applicable to such \n institutions or class of institutions in a manner that limits \n the regulatory compliance impact, cost, liability risk, and \n other burdens as is appropriate for the risk profile and \n business model involved.\n (b) Other Considerations.--In satisfying the requirements of \nsubsection (a) and when implementing such regulatory action, the \nFederal financial institutions regulatory agencies shall also \nconsider--\n (1) the impact that such regulatory action, both by itself \n and in conjunction with the aggregate effect of other \n regulations, has on the ability of the institution or class of \n institutions to flexibly serve evolving and diverse customer \n needs;\n (2) the potential unintended impact of examination manuals \n or other regulatory directives that work in conflict with the \n tailoring of such regulatory action described in subsection \n (a)(3); and\n (3) the underlying policy objectives of the regulatory \n action and statutory scheme involved.\n (c) Notice of Proposed and Final Rulemaking.--The Federal financial \ninstitutions regulatory agencies shall disclose in every notice of \nproposed rulemaking and in any final rulemaking for a regulatory action \nhow the agency has applied subsections (a) and (b).\n (d) Reports to Congress.--\n (1) Individual agency reports.--\n (A) In general.--The Federal financial institutions \n regulatory agencies shall individually report to the \n Committee on Financial Services of the House of \n Representatives and the Committee on Banking, Housing, \n and Urban Affairs of the Senate, within twelve months \n of enactment of this section and annually thereafter, \n on the specific actions taken to tailor the agency's \n regulatory actions pursuant to the requirements of this \n section.\n (B) Appearance before the committees.--The head of \n each Federal financial institution regulatory agency \n shall appear before the Committee on Financial Services \n of the House of Representatives and the Committee on \n Banking, Housing, and Urban Affairs of the Senate after \n each report is made pursuant to subparagraph (A), to \n testify on the contents of such report.\n (2) FIEC reports.--\n (A) In general.--The Financial Institutions \n Examination Council shall report to the Committee on \n Financial Services of the House of Representatives and \n the Committee on Banking, Housing, and Urban Affairs of \n the Senate, within three months after the reports \n required under paragraph (1)--\n (i) on the extent to which regulatory \n actions tailored pursuant to this section \n result in differential regulation of similarly-\n situated institutions of diverse charter types \n with respect to comparable regulations; and\n (ii) the reasons for such differential \n treatment.\n (B) Appearance before the committees.--The Chairman \n of the Financial Institutions Examination Council shall \n appear before the Committee on Financial Services of \n the House of Representatives and the Committee on \n Banking, Housing, and Urban Affairs of the Senate after \n each report is made pursuant to subparagraph (A), to \n testify on the contents of such report.\n (e) Limited Look-Back Application.--The Federal financial \ninstitutions regulatory agencies shall conduct a review of all \nregulations adopted during the period beginning on the date that is \nfive years before the date of the introduction of this Act in the House \nof Representatives and ending on the date of the enactment of this Act \nand apply the requirements of this section to such regulations. If the \napplication of the requirements of this section to any such regulation \nrequires such regulation to be revised, the agency shall revise such \nregulation within three years of the enactment of this section.\n (f) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Federal financial institutions regulatory agencies.--\n The term ``Federal financial institutions regulatory agencies'' \n means the Office of the Comptroller of the Currency, the Board \n of Governors of the Federal Reserve System, the Federal Deposit \n Insurance Corporation, the National Credit Union \n Administration, and the Bureau of Consumer Financial \n Protection.\n (2) Regulatory action.--The term ``regulatory action'' \n means any proposed, interim, or final rule or regulation, \n guidance, or published interpretation.\n ","summary":"Taking Account of Institutions with Low Operation Risk Act of 2015 or the TAILOR Act of 2015 This bill directs the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Consumer Financial Protection Bureau to: take into consideration the risk profile and business models of institutions subject to regulatory action. Determine the necessity, appropriateness, and impact of applying that action to such institutions. And tailor regulatory action so as to limit the burden of regulatory compliance as befits the risk profile and business model involved. The federal financial institutions regulatory agencies shall also consider: the impact that such regulatory action has upon the ability of the institution to flexibly serve evolving and diverse customer needs, the potential unintended impact of examination manuals or other regulatory directives that work in conflict with the tailoring of such regulatory action, and the underlying policy objectives of the regulatory action and statutory scheme involved. In addition, a federal financial institutions regulatory agency must disclose in every notice of a proposed and final rulemaking for a regulatory action how it has applied this bill. The Financial Institutions Examination Council shall report to Congress on the extent to which regulatory actions tailored pursuant to this bill result in differential regulation of similarly-situated institutions of diverse charter types with respect to comparable regulations. The agencies must also apply the requirements of this bill to all regulations adopted five years before the introduction of this bill and ending on the date of its enactment.","title":"TAILOR Act of 2015","text_len":6077,"sum_len":1781} {"bill_id":"106_hr3652","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mud Dump Permanent Closure and \nRemediation Act of 2000''.\n\nSEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE.\n\n Section 103 of the Marine Protection, Research, and Sanctuaries Act \nof 1972 (33 U.S.C. 1413) is amended by adding at the end the following:\n ``(f) Historic Area Remediation Site.--\n ``(1) Prohibition on ocean dumping.--Except as provided by \n paragraph (2), after the date of enactment of this subsection, \n dumping shall be prohibited at the Historic Area Remediation \n Site (as defined in subsection (g)).\n ``(2) Permits for remediation.--After the date of issuance \n of standards for remediation materials under subsection (g), \n the Secretary may issue permits under this section authorizing \n the transportation of dredged materials to the Historic Area \n Remediation Site solely for the purpose of providing for \n remediation of the site.\n ``(3) Remediation to be followed by permanent closure.--\n Upon satisfying the goal specified in subsection (g)(2)(B) at \n the Historic Area Remediation Site, as determined by the \n Administrator, the Secretary shall not issue any further \n permits under this section authorizing the transportation of \n dredged materials to the site for any purpose.\n ``(4) Existing permits.--A permit issued under this section \n before the date of enactment of this subsection shall not be \n effective to the extent that the permit authorizes dumping in \n violation of this subsection.\n ``(5) Advance notice of permits.--At least 30 days before \n issuing a permit under paragraph (2), the Secretary shall \n provide written notice of the permit to the Governors of the \n States of New York and New Jersey and to each Member of \n Congress representing one of such States. This paragraph shall \n not be construed to affect any notification requirement under \n any other provision of law.''.\n\nSEC. 3. STANDARDS FOR REMEDIATION MATERIALS.\n\n Section 103 of the Marine Protection, Research, and Sanctuaries Act \nof 1972 (33 U.S.C. 1413) is further amended by adding at the end the \nfollowing:\n ``(g) Standards for Remediation Materials.--\n ``(1) Development of standards.--Not later than 90 days \n after the date of enactment of this subsection, the \n Administrator, in consultation with the Under Secretary for \n Oceans and Atmosphere, shall develop and publish in the Federal \n Register standards for evaluating dredged materials to be used \n solely for remediation purposes at the Historic Area \n Remediation Site.\n ``(2) Requirements for standards.--\n ``(A) In general.--In developing standards under \n paragraph (1), the Administrator shall ensure that the \n materials used for remediation--\n ``(i) contain significantly lower levels of \n contaminants (as referred to in section 227.6 \n of title 40, Code of Federal Regulations), \n including polycyclic aromatic hydrocarbons and \n polyclorinated biphenyls, than exist at the \n Historic Area Remediation Site;\n ``(ii) will significantly reduce \n contamination levels in biota and sediments at \n the Historic Area Remediation Site; and\n ``(iii) will reduce both the number, \n extent, and magnitude of undesirable effects on \n marine life in and around the Historic Area \n Remediation Site, including through \n bioaccumulation.\n ``(B) Goal.--The goal of the standards to be \n developed under paragraph (1) shall be to reduce the \n level of contamination at the Historic Area Remediation \n Site to a level that reflects background ambient \n contamination levels in the ocean.\n ``(3) Notice and comment.--The Administrator shall provide \n notice and an opportunity for public comment before issuing \n final standards under paragraph (1).\n ``(4) Definitions.--In this subsection, the following \n definitions apply:\n ``(A) Background ambient contamination levels.--The \n term `background ambient contamination levels' means a \n level of contamination that is substantially equivalent \n to or less than--\n ``(i) the levels of contamination in biota \n and sediments found occurring naturally in the \n ocean in areas that have never been impacted by \n ocean dumping; and\n ``(ii) the levels of contamination found in \n the clean reference sediments used by the \n Environmental Protection Agency when testing \n and evaluating remediation materials to be \n deposited at the Historic Area Remediation \n Site.\n ``(B) Clean reference sediments.--The term `clean \n reference sediments' means a sediment, substantially \n free of contaminants, that is as similar to the grain \n size of the dredged material and the sediment at the \n disposal site as practical, and reflects conditions \n that would exist in the vicinity of the disposal site \n had no dredged material disposal ever occurred, but had \n all other influences on sediment taken place.\n ``(C) Historic area remediation site.--The term \n `Historic Area Remediation Site' means the dredged \n material disposal area known by that name that is \n located east of Sandy Hook, New Jersey, and described \n in section 228.15(d)(6) of title 40, Code of Federal \n Regulations (as in effect on July 1, 1999).''.","summary":"Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site. (2) will significantly reduce contamination levels in biota and sediments at the Site. And (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.","title":"Mud Dump Permanent Closure and Remediation Act of 2000","text_len":6417,"sum_len":843} {"bill_id":"104_s123","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Risk Evaluation Act of \n1995''.\n\nSEC. 2. FINDINGS AND POLICY.\n\n (a) Definitions.--As used in this section:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Adverse effect on human health.--The term ``adverse \n effect on human health'' includes any increase in the rate of \n death or serious illness, including disease, cancer, birth \n defects, reproductive dysfunction,developmental effects \n (including effects on the endocrine and nervous systems), and \n other impairments in bodily functions.\n (3) Risk.--The term ``risk'' means the likelihood of an \n occurrence of an adverse effect on human health, the \n environment, or public welfare.\n (4) Source of pollution.--The term ``source of pollution'' \n means a category or class of facilities or activities that \n alter the chemical, physical, or biological character of the \n natural environment.\n (b) Findings.--Congress finds that--\n (1) cost-benefit analysis and risk assessment are useful \n but imperfect tools that serve to enhance the information \n available in developing environmental regulations and programs;\n (2) cost-benefit analysis and risk assessment can also \n serve as useful tools in setting priorities and evaluating the \n success of environmental protection programs;\n (3) cost and risk are not the only factors that need to be \n considered in evaluating environmental programs as other \n factors, including values and equity, must also be considered;\n (4) current methods for valuing ecological resources and \n assessing intergenerational effects of sources of pollution \n need further development before integrated rankings of sources \n of pollution based on the factors referred to in paragraph (3) \n can be used with high levels of confidence;\n (5) methods to assess and describe the risks of adverse \n human health effects, other than cancer, need further \n development before integrated rankings of sources of pollution \n based on the risk to human health can be used with high levels \n of confidence;\n (6) periodic reports by the Administrator on the costs and \n benefits of regulations promulgated under Federal environmental \n laws, and other Federal actions with impacts on human health, \n the environment, or public welfare, will provide Congress and \n the general public with a better understanding of--\n (A) national environmental priorities; and\n (B) expenditures being made to achieve reductions \n in risk to human health, the environment, and public \n welfare; and\n (7) periodic reports by the Administrator on the costs and \n benefits of environmental regulations will also--\n (A) provide Congress and the general public with a \n better understanding of the strengths, weaknesses, and \n uncertainties of cost-benefit analysis and risk \n assessment and the research needed to reduce major \n uncertainties; and\n (B) assist Congress and the general public in \n evaluating environmental protection regulations and \n programs, and other Federal actions with impacts on \n human health, the environment, or public welfare, to \n determine the extent to which the regulations, \n programs, and actions adequately and fairly protect \n affected segments of society.\n (c) Report on Environmental Priorities, Costs, and Benefits.--\n (1) Ranking.--\n (A) In general.--The Administrator shall identify \n and, taking into account available data, to the extent \n practicable, rank sources of pollution with respect to \n the relative degree of risk of adverse effects on human \n health, the environment, and public welfare.\n (B) Method of ranking.--In carrying out the \n rankings under subparagraph (A), the Administrator \n shall--\n (i) rank the sources of pollution \n considering the extent and duration of the \n risk; and\n (ii) take into account broad societal \n values, including the role of natural resources \n in sustaining economic activity into the \n future.\n (2) Evaluation of regulatory and other costs.--In addition \n to carrying out the rankings under paragraph (1), the \n Administrator shall evaluate--\n (A) the private and public costs associated with \n each source of pollution and the costs and benefits of \n complying with regulations designed to protect against \n risks associated with the sources of pollution; and\n (B) the private and public costs and benefits \n associated with other Federal actions with impacts on \n human health, the environment, or public welfare, \n including direct development projects, grant and loan \n programs to support infrastructure construction and \n repair, and permits, licenses, and leases to use \n natural resources or to release pollution to the \n environment, and other similar actions.\n (3) Risk reduction opportunities.--In assessing risks, \n costs, and benefits as provided in paragraphs (1) and (2), the \n Administrator shall also identify reasonable opportunities to \n achieve significant risk reduction through modifications in \n environmental regulations and programs and other Federal \n actions with impacts on human health, the environment, or \n public welfare.\n (4) Uncertainties.--In evaluating the risks referred to in \n paragraphs (1) and (2), the Administrator shall--\n (A) identify the major uncertainties associated \n with the risks;\n (B) explain the meaning of the uncertainties in \n terms of interpreting the ranking and evaluation; and\n (C) determine--\n (i) the type and nature of research that \n would likely reduce the uncertainties; and\n (ii) the cost of conducting the research.\n (5) Consideration of benefits.--In carrying out this \n section, the Administrator shall consider and, to the extent \n practicable, estimate the monetary value, and such other values \n as the Administrator determines to be appropriate, of the \n benefits associated with reducing risk to human health and the \n environment, including--\n (A) avoiding premature mortality;\n (B) avoiding cancer and noncancer diseases that \n reduce the quality of life;\n (C) preserving biological diversity and the \n sustainability of ecological resources;\n (D) maintaining an aesthetically pleasing \n environment;\n (E) valuing services performed by ecosystems (such \n as flood mitigation, provision of food or material, or \n regulating the chemistry of the air or water) that, if \n lost or degraded, would have to be replaced by \n technology;\n (F) avoiding other risks identified by the \n Administrator; and\n (G) considering the benefits even if it is not \n possible to estimate the monetary value of the benefits \n in exact terms.\n (6) Reports.--\n (A) Preliminary report.--Not later than 1 year \n after the date of enactment of this Act, the \n Administrator shall report to Congress on the sources \n of pollution and other Federal actions that the \n Administrator will address, and the approaches and \n methodology the Administrator will use, in carrying out \n the rankings and evaluations under this section. The \n report shall also include an evaluation by the \n Administrator of the need for the development of \n methodologies to carry out the ranking.\n (B) Periodic report.--\n (i) In general.--On completion of the \n ranking and evaluations conducted by the \n Administrator under this section, but not later \n than 3 years after the date of enactment of \n this Act, and every 3 years thereafter, the \n Administrator shall report the findings of the \n rankings and evaluations to Congress and make \n the report available to the general public.\n (ii) Evaluation of risks.--Each periodic \n report prepared pursuant to this subparagraph \n shall, to the extent practicable, evaluate risk \n management decisions under Federal \n environmental laws, including title XIV of the \n Public Health Service Act (commonly known as \n the ``Safe Drinking Water Act'') (42 U.S.C. \n 300f et seq.), that present inherent and \n unavoidable choices between competing risks, \n including risks of controlling microbial versus \n disinfection contaminants in drinking water. \n Each periodic report shall address the policy \n of the Administrator concerning the most \n appropriate methods of weighing and analyzing \n the risks, and shall incorporate information \n concerning--\n (I) the severity and certainty of \n any adverse effect on human health, the \n environment, or public welfare;\n (II) whether the effect is \n immediate or delayed;\n (III) whether the burden associated \n with the adverse effect is borne \n disproportionately by a segment of the \n general population or spread evenly \n across the general population; and\n (IV) whether a threatened adverse \n effect can be eliminated or remedied by \n the use of an alternative technology or \n a protection mechanism.\n (d) Implementation.--In carrying out this section, the \nAdministrator shall--\n (1) consult with the appropriate officials of other Federal \n agencies and State and local governments, members of the \n academic community, representatives of regulated businesses and \n industry, representatives of citizen groups, and other \n knowledgeable individuals to develop, evaluate, and interpret \n scientific and economic information;\n (2) make available to the general public the information on \n which rankings and evaluations under this section are based; \n and\n (3) establish methods for determining costs and benefits of \n environmental regulations and other Federal actions, including \n the valuation of natural resources and intergenerational costs \n and benefits, by rule after notice and opportunity for public \n comment.\n (e) Review by the Science Advisory Board.--Before the Administrator \nsubmits a report prepared under this section to Congress, the Science \nAdvisory Board, established by section 8 of the Environmental Research, \nDevelopment, and Demonstration Act of 1978 (42 U.S.C. 4365), shall \nconduct a technical review of the report in a public session.","summary":"Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare. (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution. And (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. Directs the Administrator to: (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation. And (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research. Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks. Provides for review of reports by the Science Advisory Board prior to submission.","title":"Environmental Risk Evaluation Act of 1995","text_len":12856,"sum_len":1676} {"bill_id":"108_s2878","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act \nof 2004''.\n\nSEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION.\n\n Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-\n1(c)) is amended by adding at the end the following:\n ``(5) Land acquisition.--\n ``(A) In general.--Not later than 1 year after the \n date of enactment of this paragraph, the Secretary and \n the Secretary of Agriculture shall--\n ``(i) in consultation with the Yurok Tribe, \n identify Federal and private land available \n from willing sellers within and adjacent to or \n in close proximity to the Yurok Reservation in \n the aboriginal territory of the Yurok Tribe \n (excluding any land within the Hoopa Valley \n Reservation) as land that may be considered for \n inclusion in the Yurok Reservation;\n ``(ii) negotiate with the Yurok Tribe to \n determine, from the land identified under \n clause (i), a land base for an expanded Yurok \n Reservation that will be adequate for economic \n self-sufficiency and the maintenance of \n religious and cultural practices;\n ``(iii) jointly with the Yurok Tribe, \n provide for consultation with local \n governments, and other parties whose interests \n are directly affected, concerning the potential \n sale or other transfer of land to the Yurok \n Tribe under this Act;\n ``(iv) submit to Congress a report \n identifying any parcels of land within their \n respective jurisdictions that are determined to \n be within the land base negotiated under clause \n (ii); and\n ``(v) not less than 60 days after the date \n of submission of the report under clause (iv), \n convey to the Secretary in trust for the Yurok \n Tribe the parcels of land within their \n respective jurisdictions that are within that \n land base.\n ``(B) Acceptance in trust.--The Secretary shall--\n ``(i) accept in trust for the Yurok Tribe \n the conveyance of such private land as the \n Yurok Tribe, or the United States on behalf of \n the Yurok Tribe, may acquire from willing \n sellers, by exchange or purchase; and\n ``(ii) provide for the expansion of the \n Yurok Reservation boundaries to reflect the \n conveyances.\n ``(C) Funding.--Notwithstanding any other provision \n of law, from funds made available to carry out this \n Act, the Secretary may use $2,500,000 to pay the costs \n of appraisals, surveys, title reports, and other \n requirements relating to the acquisition by the Yurok \n Tribe of private land under this Act (excluding land \n within the boundaries of the Hoopa Valley Reservation).\n ``(D) Report.--\n ``(i) In general.--Not later than 90 days \n after the date of submission of the report \n under subparagraph (A)(iv), the Secretary, in \n consultation with the Secretary of Agriculture \n relative to the establishment of an adequate \n land base for the Yurok Tribe, shall submit to \n Congress a report that describes--\n ``(I) the establishment of an \n adequate land base for the Yurok Tribe \n and implementation of subparagraph (A);\n ``(II) the sources of funds \n remaining in the Settlement Fund, \n including the statutory authority for \n such deposits and the activities, \n including environmental consequences, \n if any, that gave rise to those \n deposits;\n ``(III) disbursements made from the \n Settlement Fund;\n ``(IV) the provision of resources, \n reservation land, trust land, and \n income-producing assets including, to \n the extent data are available \n (including data available from the \n Hoopa Valley Tribe and the Yurok \n Tribe), the environmental condition of \n the land and income-producing assets, \n infrastructure, and other valuable \n assets; and\n ``(V) to the extent data are \n available (including data available \n from the Hoopa Valley Tribe and the \n Yurok Tribe), the unmet economic, \n infrastructure, and land needs of each \n of the Hoopa Valley Tribe and the Yurok \nTribe.\n ``(ii) Limitation.--No expenditures for any \n purpose shall be made from the Settlement Fund \n before the date on which, after receiving the \n report under clause (i), Congress enacts a law \n authorizing such expenditures, except as the \n Hoopa Valley Tribe and Yurok Tribes may agree \n pursuant to their respective constitutional \n requirements.\n ``(6) Claims.--\n ``(A) In general.--The Court of Federal Claims \n shall hear and determine all claims of the Yurok Tribe \n or a member of the Yurok Tribe against the United \n States asserting that the alienation, transfer, lease, \n use, or management of land or natural resources located \n within the Yurok Reservation violates the Constitution, \n laws, treaties, Executive orders, regulations, or \n express or implied contracts of the United States.\n ``(B) Conditions.--A claim under subparagraph (A) \n shall be heard and determined--\n ``(i) notwithstanding any statute of \n limitations (subject to subparagraph (C)) or \n any claim of laches; and\n ``(ii) without application of any setoff or \n other claim reduction based on a judgment or \n settlement under the Act of May 18, 1928 (25 \n U.S.C. 651 et seq.) or other laws of the United \n States.\n ``(C) Limitation.--A claim under subparagraph (A) \n shall be brought not later than 10 years after the date \n of enactment of this paragraph.''.\n\nSEC. 3. JURISDICTION.\n\n (a) Law Enforcement and Tribal Court Funds and Programs.--Section \n2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is \namended--\n (1) by striking ``The Hoopa'' and inserting the following:\n ``(1) In general.--The Hoopa'';\n (2) by striking the semicolon after ``Code'' the first \n place it appears and inserting a comma; and\n (3) by adding at the end the following:\n ``(2) Law enforcement and tribal court funds and \n programs.--\n ``(A) In general.--Notwithstanding paragraph (1), \n Federal law enforcement and tribal court funds and \n programs shall be made available to the Hoopa Valley \n Tribe and Yurok Tribe on the same basis as the funds \n and programs are available to Indian tribes that are \n not subject to the provisions of law referred to in \n paragraph (1).\n ``(B) Authorization of appropriations.--There is \n authorized to be appropriated for Yurok law enforcement \n and tribal court programs $1,000,000 for each fiscal \n year.''.\n (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok \nSettlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the \nfollowing:\n ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok \nTribe over its territories as provided in the constitution of the Yurok \nTribe as of the date of enactment of this subsection are ratified and \nconfirmed insofar as that authority relates to the jurisdiction of the \nYurok Tribe over persons and land within the boundaries of the Yurok \nReservation.''.\n (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok \nSettlement Act (102 Stat. 2935) is amended by adding at the end the \nfollowing:\n ``(c) Klamath River Basin Fisheries.--\n ``(1) In general.--The Secretary and the Secretary of \n Agriculture shall enter into stewardship agreements with the \n Yurok Tribe with respect to management of Klamath River Basin \n fisheries and water resources.\n ``(2) Effect of paragraph.--Nothing in paragraph (1) \n provides the Yurok Tribe with any jurisdiction within the Hoopa \n Valley Reservation.\n ``(d) Management Authority.--\n ``(1) Definition of comanangement authority.--In this \n subsection, the term `management authority' means the right to \n make decisions jointly with the Secretary or the Secretary of \n Agriculture, as the case may be, with respect to the natural \n resources and sacred and cultural sites described in paragraph \n (2).\n ``(2) Grant of management authority.--There is granted to \n the Yurok Tribe management authority over all natural \n resources, and over all sacred and cultural sites of the Yurok \n Tribe within their usual and accustomed places, that are on \n land remaining under the jurisdiction of the National Park \n Service, Forest Service, or Bureau of Land Management within \n the aboriginal territory of the Yurok Tribe.\n ``(e) Subsistence.--\n ``(1) In general.--There is granted access for subsistence \n hunting, fishing, and gathering rights for members of the Yurok \n Tribe over all land and water within the aboriginal territory \n of the Yurok Tribe that remain under the jurisdiction of the \n Yurok Tribe or the United States, excluding any land within the \n Hoopa Valley Reservation.\n ``(2) Condition.--All subsistence-related activities under \n paragraph (1) shall be conducted in accordance with management \n plans developed by the Yurok Tribe.''.\n\nSEC. 4. BASE FUNDING.\n\n From amounts made available to the Secretary for new tribes \nfunding, the Secretary shall make an adjustment in the base funding for \nthe Yurok Tribe based on the enrollment of the Yurok Tribe as of the \ndate of enactment of this Act.\n\nSEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT.\n\n (a) In General.--There are authorized to be appropriated--\n (1) $20,000,000 for the upgrade and construction of Bureau \n of Indian Affairs and tribal roads on the Yurok Reservation;\n (2) for each fiscal year, $500,000 for the operation of a \n road maintenance program for the Yurok Tribe;\n (3) $3,500,000 for purchase of equipment and supplies for \n the Yurok Tribe road maintenance program;\n (4) $7,600,000 for the electrification of the Yurok \n Reservation;\n (5) $2,500,000 for telecommunication needs on the Yurok \n Reservation;\n (6) $18,000,000 for the improvement and development of \n water and wastewater treatment systems on the Yurok \n Reservation;\n (7) $6,000,000 for the development and construction of a \n residential care, drug and alcohol rehabilitation, and \n recreational complex near Weitchpec;\n (8) $7,000,000 for the construction of a cultural center \n for the Yurok Tribe;\n (9) $4,000,000 for the construction of a tribal court, law \n enforcement, and detention facility in Klamath;\n (10) $10,000,000 for the acquisition or construction of at \n least 50 homes for Yurok Tribe elders;\n (11) $3,200,000 for the development and initial startup \n cost for a Yurok School District; and\n (12) $800,000 to supplement Yurok Tribe higher education \n need.\n (b) Priority.--Congress--\n (1) recognizes the unsafe and inadequate condition of roads \n and major transportation routes on and to the Yurok \n Reservation; and\n (2) identifies as a priority that those roads and major \n transportation routes be upgraded and brought up to the same \n standards as transportation systems throughout the State of \n California.\n\nSEC. 6. YUROK ECONOMIC DEVELOPMENT.\n\n There are authorized to be appropriated--\n (1) $20,000,000 for the construction of an ecolodge and \n associated costs;\n (2) $1,500,000 for the purchase of equipment to establish a \n gravel operation; and\n (3) $6,000,000 for the purchase and improvement of \n recreational and fishing resorts on the Yurok Reservation.\n\nSEC. 7. BLM LAND.\n\n (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau \nof Land Management land within the aboriginal territory of the Yurok \nTribe are conveyed in trust status to the Yurok Tribe:\n (1) T. 9N., R. 4E, HUM, sec. 1.\n (2) T. 9N., R. 4E, sec. 7.\n (3) T. 9N., R. 4E., sec. 8, lot 3.\n (4) T. 9N., R. 4E., sec. 9, lots 19 and 20.\n (5) T. 9N., R. 4E., sec. 17, lots 3 through 6.\n (6) T. 9N., R. 4E., sec. 18, lots 7 and 10.\n (7) T. 9N., R. 3E., sec. 13, lots 8 and 12.\n (8) T. 9N., R. 3E, sec. 14, lot 6.\n (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of \nBureau of Land Management land along the western boundaries of the \nHoopa Valley Reservation are conveyed in trust status to the Hoopa \nValley Tribe:\n (1) T. 9N, R. 3E., sec. 23, lots 7 and 8.\n (2) T. 9N., R. 3E., sec. 26, lots 1 through 3.\n (3) T. 7N., R. 3E., sec. 7, lots 1 and 6.\n (4) T. 7N., R. 3E., sec. 1.\n\nSEC. 8. REPEAL OF OBSOLETE PROVISIONS.\n\n Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-\n1(c)(4)) is amended by striking ``The--\n'' and all that follows through ``shall not be'' and inserting ``The \napportionment of funds to the Yurok Tribe under sections 4 and 7 shall \nnot be''.\n\nSEC. 9. VOTING MEMBER.\n\n Section 3(c) of the Klamath River Basin Fisheries Restoration Act \n(16 U.S.C. 460ss-2(c)) is amended--\n (1) by redesignating paragraphs (4) and (5) as paragraphs \n (5) and (6); and\n (2) by striking paragraph (3) and inserting the following:\n ``(3) A representative of the Yurok Tribe who shall be \n appointed by the Yurok Tribal Council.\n ``(4) A representative of the Department of the Interior \n who shall be appointed by the Secretary.''.\n\nSEC. 10. ECONOMIC SELF-SUFFICIENCY.\n\n Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is \namended by striking subsection (a) and inserting the following:\n ``(a) Plan for Economic Self-Sufficiency.--\n ``(1) Negotiations.--Not later than 30 days after the date \n of enactment of the Hoopa-Yurok Settlement Amendment Act of \n 2004, the Secretary shall enter into negotiations with the \n Yurok Tribe to establish a plan for the economic self-\n sufficiency of the Yurok Tribe, which shall be completed not \n later than 18 months after the date of enactment of the Hoopa-\n Yurok Settlement Amendment Act of 2004.\n ``(2) Submission to congress.--On the approval of the plan \n by the Yurok Tribe, the Secretary shall submit the plan to \n Congress.\n ``(3) Authorization of appropriations.--There is authorized \n to be appropriated $3,000,000 to establish the Yurok Tribe \n Self-Sufficiency Plan.''.\n\nSEC. 11. EFFECT OF ACT.\n\n Nothing in this Act or any amendment made by this Act limits the \nexisting rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.","summary":"Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation. Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes. Provides for recognition of the Yurok Tribe. Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. Authorizes appropriations for Yurok infrastructure development and for Yurok economic development. Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior. Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.","title":"A bill to amend the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and the Yurok Tribe, and for other purposes.","text_len":17519,"sum_len":1225} {"bill_id":"111_s2757","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Families Act''.\n\nSEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE FAMILY MEMBERS OF \n ACTIVE DUTY MILITARY SERVICE PERSONNEL.\n\n (a) In General.--The Secretary of Homeland Security or the Attorney \nGeneral shall adjust the status of an alien described in subsection (b) \nto that of an alien lawfully admitted for permanent residence if the \nalien--\n (1) applies for such adjustment;\n (2) is admissible to the United States as an immigrant, \n except as provided in subsection (d);\n (3) pays a fee in an amount determined by the Secretary for \n the processing of such application (unless such fee is waived \n by the Secretary); and\n (4) is physically present in the United States.\n (b) Aliens Eligible for Adjustment of Status.--The benefits \nprovided under subsection (a) shall only apply to an alien who is--\n (1) a parent, spouse, child, son, or daughter (and their \n spouse, child, son, or daughter, if any) of--\n (A) a living Armed Forces member described in \n subsection (c); or\n (B) a deceased Armed Forces member described in \n subsection (c) if--\n (i) the Armed Forces member died as a \n result of injury or disease incurred in or \n aggravated by the Armed Forces member's \n service; and\n (ii) the alien applies for such \n adjustment--\n (I) if the death of the Armed \n Forces member occurred prior to the \n date of the enactment of this Act, not \n later than 2 years after the date of \n such enactment; or\n (II) if the death of the Armed \n Forces member occurred after the date \n of the enactment of this Act, not later \n than 2 years after the death of the \n Armed Forces member; or\n (2) a son or daughter described in paragraph (1) or (3) of \n section 203(a) of the Immigration and Nationality Act (8 U.S.C. \n 1153(a)) who has a Filipino parent who was naturalized pursuant \n to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 \n note).\n (c) Armed Forces Member Defined.--In this section, the term ``Armed \nForces member'' means any person who--\n (1) is, or was at the time of the person's death described \n in subsection (b)(1)(B)(i), a United States citizen or lawfully \n admitted for permanent residence;\n (2) is serving, or has served honorably on or after October \n 7, 2001, as a member of the National Guard or the Selected \n Reserve of the Ready Reserve, or in an active-duty status in \n the military, air, or naval forces of the United States; and\n (3) if separated from the service described in paragraph \n (2), was separated under honorable conditions.\n (d) Waiver of Certain Grounds of Inadmissibility.--\n (1) In general.--The provisions of paragraphs (4), (5), \n (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration \n and Nationality Act (8 U.S.C. 1182(a)) shall not apply to \n adjustment of status under this Act.\n (2) Additional waivers.--The Secretary of Homeland Security \n or the Attorney General may waive any other provision of \n section 212(a) of such Act (other than paragraph (2)(C) and \n subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) \n with respect to an adjustment of status under this Act--\n (A) for humanitarian purposes;\n (B) to assure family unity; or\n (C) if such waiver is otherwise in the public \n interest.\n (e) Record of Adjustment.--Upon the approval of an application for \nadjustment of status under this Act, the Secretary of Homeland Security \nshall create a record of the alien's admission as an alien lawfully \nadmitted for permanent residence.\n (f) No Offset in Number of Visas Available.--\n (1) In general.--If an alien is lawfully admitted for \n permanent residence under this Act, the Secretary of State \n shall not reduce the number of immigrant visas authorized to be \n issued under the Immigration and Nationality Act (8 U.S.C. 1101 \n et seq.).\n (2) Exemption from direct numerical limitations.--Section \n 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. \n 1151(b)(1)) is amended by adding at the end the following:\n ``(F) Aliens who are described in paragraph (1) or (3) of \n section 203(a) and have a Filipino parent who was naturalized \n pursuant to section 405 of the Immigration Act of 1990 (8 \n U.S.C. 1440 note).''.","summary":"Military Families Act - Directs the Secretary of Homeland Security or the Attorney General to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment, (2) is admissible to the United States as an immigrant, (3) pays the application fee. And (4) is physically present in the United States. Applies such provision to an alien who is: (1) a parent, spouse, child, son, or daughter of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease. Or (2) a son or daughter of a Filipino parent who was naturalized based upon active duty World War II service in the Philippine Army, Philippine Scouts, or a recognized guerilla unit. Defines Armed Forces member as a person who: (1) is, or was at the time of the person's death, a US citizen or lawfully admitted permanent resident. (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the US military. And (3) if separated from service was separated under honorable conditions. Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility.","title":"A bill to authorize the adjustment of status for immediate family members of persons who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts and for other purposes.","text_len":5187,"sum_len":1310} {"bill_id":"112_hr522","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Worker Protection Against \nCombustible Dust Explosions and Fires Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) An emergency exists concerning worker exposure to \n combustible dust explosions and fires, and there is a \n significant risk of death or severe injury to workers employed \n at facilities where combustible dusts are present.\n (2) Following 3 catastrophic dust explosions that killed 14 \n workers in 2003, the Chemical Safety and Hazard Investigation \n Board (CSB) issued a report in November 2006, which identified \n 281 combustible dust incidents between 1980 and 2005 that \n killed 119 workers and injured 718. The CSB concluded that \n ``combustible dust explosions are a serious hazard in American \n industry''. A quarter of the explosions occurred at food \n industry facilities, including sugar plants.\n (3) In November 2006, the CSB recommended that the \n Occupational Safety and Health Administration (OSHA) issue a \n standard designed to prevent combustible dust fires and \n explosions in general industry, based on current National Fire \n Protection Association (NFPA) dust explosion standards.\n (4) Fourteen workers were killed and more than 38 seriously \n injured in a catastrophic combustible dust explosion at \n Imperial Sugar in Port Wentworth, Georgia on February 7, 2008.\n (5) An investigation by the CSB found that the explosion at \n Imperial Sugar was fueled by a massive accumulation of sugar \n dust throughout the packaging building, triggering a series of \n secondary explosions throughout the factory.\n (6) The CSB's final report of September 24, 2009, regarding \n the Imperial Sugar Refinery explosion reiterated its previous \n recommendation from November 2006 that OSHA proceed \n expeditiously ``to promulgate a comprehensive standard to \n reduce or eliminate hazards from fire and explosion from \n combustible powders and dust''.\n (7) Explosions continue to injure workers and cause \n property damage. In the 3 years since the February 7, 2008, \n explosion at Imperial Sugar, there have been 24 additional \n combustible dust explosions or fires resulting in 4 deaths and \n 65 injuries to workers through February 7, 2011, according to \n data released by the Chemical Safety Board.\n (8) On October 21, 2009, OSHA issued an advance notice of \n proposed rulemaking in response to the CSB's recommendation; \n however, a final rule will take at least 4 more years, during \n which it is foreseeable that additional workers will be \n seriously injured or killed.\n (9) OSHA issued a grain handling facilities standard (29 \n C.F.R. 1910.272) in 1987 that has proven highly effective in \n reducing the risk of combustible grain dust explosions, \n according to an OSHA evaluation.\n (10) No OSHA standard comprehensively addresses combustible \n dust explosion hazards in general industry.\n (11) Voluntary NFPA standards exist that, when implemented, \n effectively reduce the likelihood and impact of combustible \n dust explosions. In particular--\n (A) certain requirements currently apply to \n existing establishments, which NFPA refers to as a \n ``retroactive'' application, and include hazard \n assessment, housekeeping, control of static \n electricity, control of open flames and sparks, use of \n certain tools, employee training, and requirements for \n inspection and maintenance of equipment;\n (B) other requirements include conventional \n ignition source control and dust emission control \n technologies, such as ventilation systems that capture \n fugitive dust, and enclosure of dust generating \n processes;\n (C) many employers currently implement such \n requirements from NFPA standards to address combustible \n dust hazards in the workplace; and\n (D) many employers maintain written combustible \n dust safety programs and involve employees in \n implementing the program, which are important aspects \n of a comprehensive combustible dust hazard control \n system.\n (12) Implementation of such means of hazard control is both \n technologically and economically feasible and would \n substantially reduce risks related to combustible dust fires \n and explosions to workers.\n\nSEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST.\n\n (a) Application and Rulemaking.--Not later than 1 year after the \ndate of enactment of this Act, the Secretary of Labor shall promulgate \nan interim final standard regulating occupational exposure to \ncombustible dust hazards. The interim final standard shall, at a \nminimum, apply to manufacturing, processing, blending, conveying, \nrepackaging, and handling of combustible particulate solids and their \ndusts, including organic dusts (such as sugar, candy, paper, soap, and \ndried blood), plastics, sulfur, wood, rubber, furniture, textiles, \npesticides, pharmaceuticals, fibers, dyes, coal, metals (such as \naluminum, chromium, iron, magnesium, and zinc), fossil fuels, and \nothers determined by the Secretary, but shall not apply to processes \nalready covered by the occupational safety and health standard on grain \nfacilities contained in section 1910.272 of title 29, Code of Federal \nRegulations.\n (b) Application.--The interim final standard required under this \nsection shall be based on those portions of the National Fire \nProtection Association Standards in effect on the date of enactment of \nthis Act that--\n (1) apply to existing facilities; or\n (2) call for source and dust emission control technologies, \n such as ventilation systems that capture fugitive dust, and \n enclosure of dust generating processes.\n (c) Requirements.--The interim final standard required under this \nsection shall include the following elements:\n (1) Requirements for hazard assessment to identify, \n evaluate, and control combustible dust hazards.\n (2) Requirements for a written program that includes \n provisions for hazardous dust inspection, testing, hot work, \n ignition control, and housekeeping, including the frequency and \n method or methods used to minimize accumulations of combustible \n dust on ledges, floors, equipment, and other exposed surfaces.\n (3) Requirements for engineering controls, administrative \n controls, and operating procedures, including means to control \n fugitive dust emissions and ignition sources, and the safe use \n and maintenance of process equipment and dust collection \n systems and filters.\n (4) Requirements for workplace inspection and housekeeping \n to prevent accumulation of combustible dust in places of \n employment in such depths that it can present explosion, \n deflagration, or other fire hazards, including safe methods of \n dust removal.\n (5) Requirements for participation of employees and their \n representatives in hazard assessment, development of and \n compliance with the written program, incident investigation, \n and other elements of hazard management.\n (6) Requirements to provide written safety and health \n information and annual training to managers and employees and \n their representatives, including housekeeping procedures, hot \n work procedures, preventive, predictive, and periodic \n maintenance procedures, common ignition sources, and lock-out, \n tag-out procedures.\n (d) Applicability of Other Statutory Requirements.--The \nrequirements applicable to occupational safety and health standards \nunder section 6(b) of the Occupational Safety and Health Act of 1970 \n(29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, \nUnited States Code, and titles 2 and 42, United States Code, shall not \napply to the issuance of the interim final standard required under this \nsection.\n (e) Effective Date of Interim Standard.--The interim final standard \nshall take effect 30 days after issuance, except that such standard may \ninclude a reasonable phase-in period for implementation of required \nengineering controls. The interim final standard shall have the legal \neffect of an occupational safety and health standard, and shall apply \nuntil a final standard becomes effective under section 6 of the \nOccupational Safety and Health Act (29 U.S.C. 655).\n\nSEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST.\n\n Not later than 18 months after the date on which the interim final \nstandard is issued under section 3, the Secretary of Labor shall, \npursuant to section 6 of the Occupational Safety and Health Act (29 \nU.S.C. 655), issue a proposed rule for regulating combustible dust \nexplosions that includes the major elements contained in the interim \nfinal standard issued under section 3, and shall issue a final rule 3 \nyears after the issuance of a proposed rule.","summary":"Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts , but shall not apply to processes already covered by the occupational safety and health standard on grain facilities. Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities. Or (2) call for source and dust emission control technologies. Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards. (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, (3) engineering controls, administrative controls, and operating procedures. (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. And (6) providing safety and health information and annual training to managers and employees and their representatives. Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls. Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule.","title":"To require the Secretary of Labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust, and for other purposes.","text_len":9592,"sum_len":2103} {"bill_id":"107_hr20","text":"SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENTS.\n\n Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended \nby adding the following new paragraph at the end:\n ``(11) Waiver of oxygen content requirement.--\n ``(A) In general.--Upon petition to the \n Administrator by the Governor of a State, the \n Administrator shall waive any oxygen content \n requirement in effect under this subsection for that \n State.\n ``(B) Action by environmental protection agency.--\n Not later than 270 days after the date of receipt of a \n petition submitted under subparagraph (A), the \n Administrator shall grant the waiver of the oxygen \n content requirement requested in the petition. If, by \n the date that is 270 days after the date of receipt of \n such a petition, the Administrator has not granted the \n petition, the petition shall be deemed to be granted. \n The waiver under this subparagraph shall take effect on \n the date 90 days after the petition is granted or \n deemed granted unless the Administrator establishes an \n earlier effective date.\n ``(C) Special rule.--The oxygen content requirement \n in effect under this subsection shall not apply to a \n State referred to in subsection (c)(4)(B).''.\n\nSEC. 2. CONTROL OF OXYGENATES.\n\n (a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42 \nU.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by \nredesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by \nadding the following at the end thereof:\n ``(B) The Administrator may, by regulation, control or prohibit the \nuse of any oxygenate (including methyl tertiary butyl ether, `MTBE') as \na fuel, or fuel additive for fuel, for use in a motor vehicle, motor \nvehicle engine, or nonroad engine or nonroad vehicle if in the judgment \nof the Administrator such oxygenate causes or contributes to \ncontamination of drinking water which may reasonably be anticipated to \nendanger public health, welfare, or the environment in the United \nStates.''.\n (2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is \namended by inserting ``(i) of subparagraph'' before ``(A) of \nparagraph''.\n (3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is \namended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''.\n (4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is \namended by inserting ``clause (i) or (ii) of subparagraph (A) of'' \nbefore ``paragraph (1)''.\n (5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended \nby adding the following at the end thereof:\n ``(D) If the Administrator seeks to control or prohibit the use of \nany oxygenate under subparagraph (B) of paragraph (1), the \nAdministrator shall take into account information as to whether such \ncontrol or prohibition will affect the use of any other oxygenate in a \nmanner which may reasonably be anticipated to endanger public health, \nwelfare, or the environment in the United States.''.\n (b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C. \n7545(c)) is amended by adding the following at the end thereof:\n ``(5) MTBE levels.--Within 1 year after the enactment of this \nparagraph, the Administrator shall promulgate regulations to require \nthat, for the calendar year beginning January 1, 2005, and for each \ncalendar year thereafter, the annual volume of methyl tertiary butyl \nether (MTBE) manufactured or introduced into commerce in a calendar \nyear in the United States for use as a fuel, or fuel additive for fuel, \nfor use in a motor vehicle, motor vehicle engine, or nonroad engine or \nnonroad vehicle shall not exceed the average annual volume of MTBE \nestimated by the Administrator to have been manufactured or introduced \ninto commerce in calendar years 1986 through 1991 in the United States \nfor use as a fuel or fuel additive for fuel, for use in a motor \nvehicle, motor vehicle engine, or nonroad engine or nonroad vehicle. \nThe regulations under this paragraph may include regulations regarding \nthe quantity of MTBE on a per-gallon basis or annual average basis \nprovided that such an annual average standard has associated with it a \nper-gallon maximum standard.''.\n (c) State Authority.--Section 211(c)(4) of the Clean Air Act (42 \nU.S.C. 7545(c)(4)) is amended by adding the following at the end:\n ``(D) The Administrator may permit any State to prescribe and \nenforce controls or prohibitions on the use of methyl tertiary butyl \nether (MTBE) as a fuel additive in fuel offered for sale, or sold, at \nretail in a calendar year in that State in order to reduce the volume \nof MTBE offered for sale, or sold, at retail in that State to levels \nbelow the levels estimated by the State to be offered for sale, or \nsold, at retail in that State under paragraph (1)(B) or (5). The \nAdministrator may also permit any such State to establish such controls \nor prohibitions on MTBE on a more expeditious schedule than required \nunder paragraph (1)(B) or (5). Any State seeking additional controls \nor prohibitions or a more expeditious schedule under this subparagraph \nshall submit a petition to the Administrator. The Administrator may \nonly grant such a petition if the Administrator finds that the controls \non MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE \nfrom causing or contributing to air pollution in that State, or \ncontamination of drinking water in that State, which may reasonably be \nanticipated to endanger public health, welfare, or the environment. No \nState may submit such a petition to the Administrator before the date 1 \nyear after the enactment of this subparagraph. The Administrator shall \nact on such petitions within 180 days of receipt. No State referred to \nin subparagraph (B) shall be subject to the requirements of this \nsubparagraph.\n ``(E) Subparagraph (D) shall not limit the authority of any State \nunder any other provision of law to prescribe and enforce any control \nor prohibition on the use of methyl tertiary butyl ether (MTBE) as a \nfuel additive.''.\n\nSEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS.\n\n (a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act \n(42 U.S.C. 7545(k)(3)) is amended by adding the following at the end:\n ``(C) Maintaining toxic control benefits in oxygen \n waiver areas.--(i) Not later than 90 days after the \n date of enactment of this subparagraph, the \n Administrator shall propose, and not later than later \n than 270 days after the enactment of this subparagraph, \n promulgate, regulations under this subparagraph \n (consistent with section 211(k)(3)(B)(ii) of the Clean \n Air Act) establishing regional performance standards to \n ensure that the levels of reductions of toxic air \n pollutants achieved under the Reformulated Gasoline \n Program in effect under this subsection are maintained \n in areas where the oxygen content requirement is waived \n under paragraph (11).\n ``(ii) For purposes of establishing regional \n performance standards under this subparagraph, the \n Administrator shall determine the reductions of toxic \n air pollutants achieved under the Reformulated Gasoline \n Program in effect under this subsection on average in \n calendar years 1998 and 1999 in various regions \n selected, in consultation with the Secretary of Energy. \n Such regions shall be selected on the basis of the \n existing gasoline distribution and supply network to \n the extent practicable. The Administrator's \n determination shall be based on compliance survey data, \n other appropriate and reliable data and the \n Environmental Protection Agency's existing Phase II \n complex model.\n ``(iii) The Administrator shall convert the average \n air toxic reductions, calculated as described in clause \n (ii), into annual average regional performance \n standards. Such regional performance standards shall \n apply to reformulated gasoline to be sold, or offered \n for sale, or introduced into commerce in areas where \n the oxygen content requirement is waived under \n paragraph (11).\n ``(iv) The performance standards under this \n subparagraph shall not apply to the extent that \n regulations under this Act (including the Environmental \n Protection Agency's existing Phase II Reformulated \n Gasoline air toxics performance standards, or \n regulations promulgated under section 202(l)) are more \n stringent than such performance standards. The \n performance standards under this subparagraph shall not \n apply in any State referred to in section 211(c)(4)(B).\n ``(v) Pending promulgation of regulations under \n this subparagraph, the Environmental Protection \n Agency's Phase II Reformulated Gasoline complex model \n toxic performance standards shall apply in areas where \n the oxygen content requirement is waived under \n paragraph (11).''.\n (b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42 \nU.S.C. 7545) is amended by adding at the end the following:\n ``(p) Conventional Gasoline.--\n ``(1) In general.--Not later than October 1, 2007--\n ``(A) the Administrator shall determine whether the \n use of conventional gasoline during the period of \n calendar years 2005 and 2006 resulted in a greater \n volume of emissions of criteria air pollutants listed \n under section 108, determined on the basis of a \n weighted average of those pollutants, than the volume \n of such emissions during the period of calendar years \n 1998 and 1999; and\n ``(B) if the Administrator determines that a \n significant increase in emissions occurred, the \n Administrator shall promulgate such regulations under \n subsection (c) concerning the use of conventional \n gasoline as are appropriate regarding that increase.\n ``(2) Applicability to certain states.--The Administrator \n shall make the determination under paragraph (1)(A) without \n regard to, and the regulations promulgated under paragraph \n (1)(B) shall not apply to, any State that has received a waiver \n under section 209(b).''.\n\nSEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.\n\n Any regulation or modification of fuel properties promulgated by, \nor approved by the Administrator of the Environmental Protection Agency \nunder the amendments made by this Act, shall take into account the need \nto provide lead time for refinery and fuel distribution system \nmodifications necessary to assure adequate fuel supply for all States. \nSuch regulation or modification shall include provisions for the \nbanking and trading of allowances within, but not between, the regions \nreferred to in section 211(k)(3)(C) of the Clean Air Act.","summary":"Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive oxygen content requirements for reformulated gasoline upon petition of a State. Permits the Administrator to control or prohibit the use of any oxygenate (including methyl tertiary butyl ether (MTBE)) as a fuel or fuel additive if the oxygenate contributes to contamination of drinking water which may be anticipated to endanger public health, welfare, or the environment. Caps the annual volume of MTBE manufactured or introduced into commerce as a fuel or fuel additive, beginning in 2005, at the average annual volume estimated to have been manufactured or introduced into commerce in 1986 through 1991. Grants States certain authority to prescribe and enforce controls on the use of MTBE as a fuel additive. Directs the Administrator to establish regional performance standards to ensure that levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program are maintained in areas where the oxygen content requirement is waived. Requires any regulation or modification of fuel properties made by this Act to take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States.","title":"To amend section 211 of the Clean Air Act to modify the provisions regarding the oxygen content of reformulated gasoline and to improve the regulation of the fuel additive, methyl tertiary butyl ether (MTBE), and for other purposes.","text_len":11847,"sum_len":1306} {"bill_id":"108_hr2316","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Administrative Law \nJudges Retirement Act of 2003''.\n (b) References.--Whenever in this Act an amendment is expressed in \nterms of an amendment to a section or other provision, the reference \nshall be considered to be made to a section or other provision of title \n5, United States Code.\n\nSEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.\n\n (a) Definition.--Section 8331 of title 5, United States Code, is \namended--\n (1) in paragraph (27), by striking ``and'' at the end;\n (2) in paragraph (28), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(29) `administrative law judge' means an administrative \n law judge appointed under section 3105 or a similar prior \n provision of law.''.\n (b) Deductions, Contributions, and Deposits.--Section 8334 is \namended--\n (1) in the first sentence of subsection (a)(1), by striking \n ``or nuclear materials courier,'' and inserting ``nuclear \n materials courier, or administrative law judge,'';\n (2) in the second sentence of subsection (a)(1), by \n striking the period and inserting the following: ``; however, \n the amount to be contributed under this sentence with respect \n to service performed as an administrative law judge after the \n effective date of the Administrative Law Judges Retirement Act \n of 2003 shall be the amount equal to the product of basic pay \n paid for that service multiplied by the percentage that is 1 \n percentage point less than the percentage applicable under \n subsection (c).''; and\n (3) in subsection (c), by adding after the item relating to \n a nuclear materials courier the following:\n\n \n \n \n``Administrative law judge.............. 5...................... June 11, 1947, to June 30, 1948.\n 6...................... July 1, 1948, to October 31, 1956.\n 6.5.................... November 1, 1956, to December 31, 1969.\n 7...................... January 1, 1970, to December 31, 1998.\n 7.25................... January 1, 1999, to December 31, 1999.\n 7.4.................... January 1, 2000, to December 31, 2000.\n 7...................... January 1, 2001, to (but not including) the\n effective date of the Administrative Law\n Judges Retirement Act of 2003.\n 8...................... The effective date of the Administrative Law\n Judges Retirement Act of 2003 and\n thereafter.''.\n \n\n (c) Immediate Retirement.--Section 8336 is amended by adding at the \nend the following:\n ``(q) An administrative law judge who is separated from the service \nafter completing 10 years of service as an administrative law judge and \nbecoming 55 years of age is entitled to an annuity. An administrative \nlaw judge who is separated from the service voluntarily after \ncompleting 10 years of service as an administrative law judge but \nbefore becoming 55 years of age is entitled to a reduced annuity. An \nadministrative law judge is entitled to an annuity if such judge would \nbe entitled to an annuity under subsection (d) (taking into account any \namendments deemed to be in effect with respect thereto) if such \nsubsection were applied by substituting `5' for `25 years of service or \nafter becoming 50 years of age and completing 20', and the reference to \n`removal for cause on charges of misconduct or delinquency' in \nparagraph (1) thereof were considered to refer to a removal under \nsection 1215, 7521, or 7532.''.\n (d) Computation of Annuity.--Section 8339 is amended--\n (1) in subsection (f), by striking ``(r), and (s)'' and \n inserting ``(r), (s), and (v)'';\n (2) in the first sentence of subsection (h), by striking \n ``subsections (a), (b), (d)(5), and (f) of this section for an \n employee retiring under section 8336(d), (h), (j), or (o) of \n this title'' and inserting ``subsections (a), (b), (d)(5), (f), \n and (v) for an employee retiring under section 8336(d), (h), \n (j), or (o), or the second sentence of section 8336(q),'';\n (3) in subsection (i), by striking ``(r), or (s)'' and \n inserting ``(r), (s), or (v)''; and\n (4) by adding at the end the following:\n ``(v) The annuity of an employee retiring under section 8336(q) is \ncomputed under such provisions of this section as would (but for this \nsubsection) otherwise apply, except that, with respect to such \nemployee's--\n ``(1) service as an administrative law judge; and\n ``(2) military service not exceeding 5 years;\nsuch employee's annuity is computed by multiplying 2\\1\/2\\ percent of \nsuch employee's average pay by the years of that service.''.\n (e) Technical and Conforming Amendments.--(1) Sections 8337(a) and \n8339(g) are amended by striking ``or (s)'' each place it appears and \ninserting ``(s), or (v)''.\n (2) Subsections (j), (k)(1), (l), and (m) of section 8339, \nsubsections (b)(1) and (d) of section 8341, and section 8344(a)(A) are \namended by striking ``and (s)'' each place it appears and inserting \n``(s), and (v)''.\n (3) Subsections (j)(3) (in the matter before subparagraph (A)), \n(j)(5)(C)(iii), and (k)(2)(C) of section 8339 and section 8343a(c) are \namended by striking ``and (q)'' each place it appears and inserting \n``(q), and (v)''.\n\nSEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT \n SYSTEM.\n\n (a) Definition.--Section 8401 is amended--\n (1) in paragraph (33), by striking ``and'' at the end;\n (2) in paragraph (34), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(35) `administrative law judge' means an administrative \n law judge appointed under section 3105 or a similar prior \n provision of law.''.\n (b) Immediate Retirement.--Section 8412 is amended by adding at the \nend the following:\n ``(i) An administrative law judge who is separated from the service \nafter completing 10 years of service as an administrative law judge and \nbecoming 55 years of age is entitled to an annuity.''.\n (c) Early Retirement.--Section 8414 is amended by adding at the end \nthe following:\n ``(e) An administrative law judge who is separated from the service \nvoluntarily after completing 10 years of service as an administrative \nlaw judge but before becoming 55 years of age is entitled to a reduced \nannuity. An administrative law judge is entitled to an annuity if such \njudge would be entitled to an annuity under subsection (b) (taking into \naccount any amendments deemed to be in effect with respect thereto) if \nsuch subsection were applied by substituting `5 years of service' for \n`25 years of service, or after becoming 50 years of age and completing \n20 years of service,', and the reference to `removal for cause on \ncharges of misconduct or delinquency' in paragraph (1)(A) thereof were \nconsidered to refer to a removal under section 1215, 7521, or 7532.''.\n (d) Computation of Annuity.--Section 8415 is amended--\n (1) in subsection (g)(2), by striking ``or air traffic \n controller.'' and inserting ``air traffic controller, or \n administrative law judge (with respect to any service as to \n which the percentage set forth in the first sentence of \n subsection (l) applies).''; and\n (2) by adding at the end the following:\n ``(l) The annuity of an employee retiring under section 8412(i) or \n8414(e) is computed under such provisions of this section as would (but \nfor this subsection) otherwise apply, except that, with respect to such \nemployee's--\n ``(1) service as an administrative law judge; and\n ``(2) military service not exceeding 5 years;\nsuch employee's annuity is computed by multiplying 1\\7\/10\\ percent of \nsuch employee's average pay by the years of that service. The annuity \ncomputed under this section for an employee retiring under the first \nsentence of section 8414(e) is reduced by \\1\/6\\ of 1 percent for each \nfull month the employee is under 55 years of age at the date of \nseparation.''.\n (e) Deductions From Pay.--Section 8422(a)(3) is amended by adding \nafter the item relating to a nuclear materials courier the following:\n\n \n \n \n``Administrative law judge.............. 7...................... January 1, 1987, to December 31, 1998.\n 7.25................... January 1, 1999, to December 31, 1999.\n 7.4.................... January 1, 2000, to December 31, 2000.\n 7...................... January 1, 2001, to (but not including) the\n effective date of the Administrative Law\n Judges Retirement Act of 2003.\n 8...................... The effective date of the Administrative Law\n Judges Retirement Act of 2003 and\n thereafter.''.\n \n\n (f) Government Contributions.--Section 8423 is amended--\n (1) in subsection (a)(1)(B)(i), by striking ``and employees \n under sections 302 and 303 of the Central Intelligence Agency \n Retirement Act, multiplied by'' and inserting ``employees under \n sections 302 and 303 of the Central Intelligence Agency \n Retirement Act, and administrative law judges, multiplied by'';\n (2) by amending paragraph (2) of subsection (a) to read as \n follows:\n ``(2) In determining any normal-cost percentage to be applied under \nthis subsection--\n ``(A) amounts provided for under section 8422 shall be \n taken into account; and\n ``(B) amounts provided by or for administrative law judges \n under subchapter III of chapter 83 (including sections 8334 and \n 8348, and whether provided before, on, or after the effective \n date of this subparagraph) shall, to the extent they exceed the \n normal cost of the benefits which are (i) provided for under \n subchapter III of chapter 83, and (ii) attributable to service \n performed as an administrative law judge (within the meaning of \n such subchapter), be taken into account as if they had been \n provided by or for administrative law judges under this \n chapter.''; and\n (3) in subsection (a)(3), by inserting ``administrative law \n judges,'' after ``military reserve technicians,'' each place it \n appears.\n\nSEC. 4. EFFECTIVE DATE; APPLICABILITY.\n\n (a) Effective Date.--This Act and the amendments made by this Act \nshall take effect as of the first day of the first pay period beginning \non or after the date of the enactment of this Act.\n (b) Applicability.--Nothing in this Act shall be considered to \napply with respect to any annuity entitlement to which is based on a \nseparation from service occurring before the effective date of this \nAct.","summary":"Administrative Law Judges Retirement Act of 2003 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements , early retirement, and annuity computation for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System.","title":"To enhance the terms of the retirement annuities of administrative law judges.","text_len":11901,"sum_len":325} {"bill_id":"105_hr716","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom From Government Competition \nAct of 1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds and declares that--\n (1) private sector business concerns, which are free to \n respond to the private or public demands of the marketplace, \n constitute the strength of the American economic system;\n (2) competitive private sector enterprises are the most \n productive, efficient, and effective sources of goods and \n services;\n (3) government competition with the private sector of the \n economy is detrimental to all businesses and the American \n economic system;\n (4) government competition with the private sector of the \n economy is at an unacceptably high level, both in scope and in \n dollar volume;\n (5) when a government engages in entrepreneurial activities \n that are beyond its core mission and compete with the private \n sector--\n (A) the focus and attention of the government are \n diverted from executing the basic mission and work of \n that government; and\n (B) those activities constitute unfair government \n competition with the private sector;\n (6) current laws and policies have failed to address \n adequately the problem of government competition with the \n private sector of the economy;\n (7) the level of government competition with the private \n sector, especially with small businesses, has been a priority \n issue of each White House Conference on Small Business;\n (8) reliance on the private sector is consistent with the \n goals of the Government Performance and Results Act of 1993 \n (Public Law 103-62);\n (9) reliance on the private sector is necessary and \n desirable for proper implementation of the Federal Workforce \n Restructuring Act of 1994 (Public Law 103-226);\n (10) it is in the public interest that the Federal \n Government establish a consistent policy to rely on the private \n sector of the economy to provide goods and services that are \n necessary for or beneficial to the operation and management of \n Federal Government agencies and to avoid Federal Government \n competition with the private sector of the economy; and\n (11) it is in the public interest for the private sector to \n utilize employees who are adversely affected by conversions to \n use of private sector entities for providing goods and services \n on behalf of the Federal Government.\n\nSEC. 3. RELIANCE ON THE PRIVATE SECTOR.\n\n (a) General Policy.--Notwithstanding any other provision of law, \nexcept as provided in subsection (c), each agency shall procure from \nsources in the private sector all goods and services that are necessary \nfor or beneficial to the accomplishment of authorized functions of the \nagency.\n (b) Prohibitions Regarding Transactions in Goods and Services.--\n (1) Provision by government generally.--No agency may begin \n or carry out any activity to provide any products or services \n that can be provided by the private sector.\n (2) Transactions between governmental entities.--No agency \n may obtain any goods or services from or provide any goods or \n services to any other governmental entity.\n (c) Exceptions.--Subsections (a) and (b) do not apply to goods or \nservices necessary for or beneficial to the accomplishment of \nauthorized functions of an agency under the following conditions:\n (1) Either--\n (A) the goods or services are inherently \n governmental in nature within the meaning of section \n 6(b); or\n (B) the Director of the Office of Management and \n Budget determines that the provision of the goods or \n services is otherwise an inherently governmental \n function.\n (2) The head of the agency determines that the goods or \n services should be produced, provided, or manufactured by the \n Federal Government for reasons of national security.\n (3) The Federal Government is determined to be the best \n value source of the goods or services in accordance with \n regulations prescribed pursuant to section 4(a)(2)(C).\n (4) The private sector sources of the goods or services, or \n the practices of such sources, are not adequate to satisfy the \n agency's requirements.\n\nSEC. 4. ADMINISTRATIVE PROVISIONS.\n\n (a) Regulations.--\n (1) OMB responsibility.--The Director of the Office of \n Management and Budget shall prescribe regulations to carry out \n this Act.\n (2) Content.--\n (A) Private sector preference.--Consistent with the \n policy and prohibitions set forth in section 3, the \n regulations shall emphasize a preference for the \n provision of goods and services by private sector \n sources.\n (B) Fairness for federal employees.--In order to \n ensure the fair treatment of Federal Government \n employees, the regulations--\n (i) shall not contravene any law or \n regulation regarding Federal Government \n employees; and\n (ii) shall provide for the Director of the \n Office of Management and Budget, in \n consultation with the Director of the Office of \n Personnel Management, to furnish information on \n relevant available benefits and assistance to \n Federal Government employees adversely affected \n by conversions to use of private sector \n entities for providing goods and services.\n (C) Best value sources.--\n (i) Standards and procedures.--The \n regulations shall include standards and \n procedures for determining whether it is a \n private sector source or an agency that \n provides certain goods or services for the best \n value.\n (ii) Factors considered.--The standards and \n procedures shall include requirements for \n consideration of analyses of all direct and \n indirect costs (performed in a manner \n consistent with generally accepted cost-\n accounting principles), the qualifications of \n sources, the past performance of sources, and \n any other technical and noncost factors that \n are relevant.\n (iii) Consultation requirement.--The \n Director shall consult with persons from the \n private sector and persons from the public \n sector in developing the standards and \n procedures.\n (D) Appropriate governmental activities.--The \n regulations shall include a methodology for determining \n what types of activities performed by an agency should \n continue to be performed by the agency or any other \n agency.\n (b) Compliance and Implementation Assistance.--\n (1) OMB center for commercial activities.--The Director of \n the Office of Management and Budget shall establish a Center \n for Commercial Activities and Privatization within the Office \n of Management and Budget.\n (2) Responsibilities.--The Center--\n (A) shall be responsible for the implementation of \n and compliance with the policies, standards, and \n procedures that are set forth in this Act or are \n prescribed to carry out this Act; and\n (B) shall provide agencies and private sector \n entities with guidance, information, and other \n assistance appropriate for facilitating conversions to \n use of private sector entities for providing goods and \n services on behalf of the Federal Government.\n\nSEC. 5. STUDY AND REPORT ON COMMERCIAL ACTIVITIES OF THE GOVERNMENT.\n\n (a) Annual Performance Plan.--Section 1115(a) of title 31, United \nStates Code, is amended--\n (1) by striking ``and'' at the end of paragraph (5);\n (2) by striking the period at the end of paragraph (6) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(7) include--\n ``(A) the identity of each program activity that is \n performed for the agency by a private sector entity in \n accordance with the Freedom From Government Competition \n Act of 1997; and\n ``(B) the identity of each program activity that is \n not subject to the Freedom From Government Competition \n Act of 1997 by reason of an exception set forth in that \n Act, together with a discussion specifying why the \n activity is determined to be covered by the \n exception.''.\n (b) Annual Performance Report.--Section 1116(d)(3) of title 31, \nUnited States Code, is amended--\n (1) by striking ``explain and describe,'' in the matter \n preceding subparagraph (A);\n (2) in subparagraph (A), by inserting ``explain and \n describe'' after ``(A)'';\n (3) in subparagraph (B)--\n (A) by inserting ``explain and describe'' after \n ``(B)''; and\n (B) by striking ``and'' at the end;\n (4) in subparagraph (C)--\n (A) by inserting ``explain and describe'' after \n ``infeasible,''; and\n (B) by inserting ``and'' at the end; and\n (5) by adding at the end the following:\n ``(D) in the case of an activity not performed by a private \n sector entity--\n ``(i) explain and describe whether the activity \n could be performed for the Federal Government by a \n private sector entity in accordance with the Freedom \n From Government Competition Act of 1997; and\n ``(ii) if the activity could be performed by a \n private sector entity, set forth a schedule for \n converting to performance of the activity by a private \n sector entity;''.\n\nSEC. 6. DEFINITIONS.\n\n (a) Agency.--As used in this Act, the term ``agency'' means the \nfollowing:\n (1) Executive department.--An executive department as \n defined by section 101 of title 5, United States Code.\n (2) Military department.--A military department as defined \n by section 102 of such title.\n (3) Independent establishment.--An independent \n establishment as defined by section 104(1) of such title.\n (b) Inherently Governmental Goods and Services.--\n (1) Performance of inherently governmental functions.--For \n the purposes of section 3(c)(1)(A), goods or services are \n inherently governmental in nature if the providing of such \n goods or services is an inherently governmental function.\n (2) Inherently governmental functions described.--\n (A) Functions included.--For the purposes of \n paragraph (1), a function shall be considered an \n inherently governmental function if the function is so \n intimately related to the public interest as to mandate \n performance by Federal Government employees. Such \n functions include activities that require either the \n exercise of discretion in applying Federal Government \n authority or the making of value judgments in making \n decisions for the Federal Government, including \n judgments relating to monetary transactions and \n entitlements. An inherently governmental function \n involves, among other things, the interpretation and \n execution of the laws of the United States so as to--\n (i) bind the United States to take or not \n to take some action by contract, policy, \n regulation, authorization, order, or otherwise;\n (ii) determine, protect, and advance its \n economic, political, territorial, property, or \n other interests by military or diplomatic \n action, civil or criminal judicial proceedings, \n contract management, or otherwise;\n (iii) significantly affect the life, \n liberty, or property of private persons;\n (iv) commission, appoint, direct, or \n control officers or employees of the United \n States; or\n (v) exert ultimate control over the \n acquisition, use, or disposition of the \n property, real or personal, tangible or \n intangible, of the United States, including the \n control or disbursement of appropriated and \n other Federal funds.\n (B) Functions excluded.--For the purposes of \n paragraph (1), inherently governmental functions do not \n normally include--\n (i) gathering information for or providing \n advice, opinions, recommendations, or ideas to \n Federal Government officials;\n (ii) any function that is primarily \n ministerial or internal in nature (such as \n building security, mail operations, operation \n of cafeterias, laundry and housekeeping, \n facilities operations and maintenance, \n warehouse operations, motor vehicle fleet \n management and operations, or other routine \n electrical or mechanical services); or\n (iii) any good or service which is \n currently or could reasonably be produced or \n performed, respectively, by an entity in the \n private sector.","summary":"Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act. And (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act. And (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act. And (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.","title":"Freedom From Government Competition Act of 1997","text_len":15253,"sum_len":1733} {"bill_id":"105_s728","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cancer Research Fund Act of 1997''.\n\nSEC. 2. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.\n\n Part A of title IV of the Public Health Service Act (42 U.S.C. 281 \net seq.) is amended by adding at the end thereof the following new \nsection:\n\n``SEC. 404F. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.\n\n ``(a) Establishment.--There is established in the Treasury of the \nUnited States a trust fund, to be known as the `Cancer Research Trust \nFund' (hereafter in this section referred to as the `Fund'), consisting \nof such amounts as are credited or paid to the Fund as provided for in \nsection 6098 of the Internal Revenue Code of 1986 and any interest \nearned on investment of amounts in the Fund.\n ``(b) Investment of Trust Fund.--\n ``(1) In general.--It shall be the duty of the Secretary of \n the Treasury to invest such portion of the Fund as is not, in \n the Secretary's judgment, required to meet current withdrawals. \n Such investments may be made only in interest-bearing \n obligations of the United States or in obligations guaranteed \n as to both principal and interest by the United States. For \n such purpose, such obligations may be acquired--\n ``(A) on original issue at the issue price, or\n ``(B) by purchase of outstanding obligations at the \n market price.\n The purposes for which obligations of the United States may be \n issued under chapter 31 of title 31, of the United States Code, \n are hereby extended to authorize the issuance at par of special \n obligations exclusively to the Fund. Such special obligations \n shall bear interest at a rate equal to the average rate of \n interest, computed as to the end of the calendar month next \n preceding the date of such issue, borne by all marketable \n interest-bearing obligations of the United States then forming \n a part of the Public Debt; except that where such average rate \n is not a multiple of one-eighth of 1 percent, the rate of \n interest of such special obligations shall be the multiple of \n one-eighth of 1 percent next lower than such average rate. Such \n special obligations shall be issued only if the Secretary of \n the Treasury determines that the purchase of other interest-\n bearing obligations of the United States, or of obligations \n guaranteed as to both principal and interest by the United \n States on original issue or at the market price, is not in the \n public interest.\n ``(2) Sale of obligation.--Any obligation acquired by the \n Fund (except special obligations issued exclusively to the \n Fund) may be sold by the Secretary of the Treasury at the \n market price, and such special obligations may be redeemed at \n par plus accrued interest.\n ``(3) Credits to trust fund.--The interest on, and the \n proceeds from the sale or redemption of, any obligations held \n in the Fund shall be credited to and form a part of the Fund.\n ``(c) Obligations From Fund.--\n ``(1) In general.--The Secretary of Health and Human \n Services shall annually make available such sums as are \n available in the Fund (including any amounts not obligated in \n previous fiscal years) to the National Institutes of Health for \n the conduct of biomedical, intramural and extramural research.\n ``(2) Director of nih.--The Director of the National \n Institutes of Health may distribute amounts made available \n under paragraph (1) among the various research institutes and \n centers of the National Institutes of Health to enable such \n institutes and centers to conduct research that the Director \n determines is appropriate. The Director shall make awards from \n amounts available under paragraph (1) for research on cancer.\n ``(d) Supplement Not Supplant.--Amounts provided to an institute or \ncenter under subsection (c) shall be used to supplement and not \nsupplant other research conducted with Federal funds.\n ``(e) Limitation.--No expenditure shall be made under subsection \n(c)(1) during any fiscal year in which the annual amount appropriated \nfor the National Institutes of Health is less than the amount so \nappropriated for the prior fiscal year.''.\n\nSEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986.\n\n (a) In General.--Subchapter A of chapter 61 of the Internal Revenue \nCode of 1986 (relating to information and returns) is amended by adding \nat the end the following new part:\n\n ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS TO CANCER \n RESEARCH TRUST FUND\n\n ``Sec. 6098. Designation to Cancer \n Research Trust Fund.\n\n``SEC. 6098. DESIGNATION TO CANCER RESEARCH TRUST FUND.\n\n ``(a) In General.--Every individual (other than a nonresident \nalien) may--\n ``(1) designate that a portion (not less than $1) of any \n overpayment of the tax imposed by chapter 1 for the taxable \n year, and\n ``(2) provide that a cash contribution (not less than $1),\nbe paid over to the Cancer Research Trust Fund in accordance with the \nprovisions of section 404F of the Public Health Service Act. In the \ncase of a joint return of a husband and wife, each spouse may designate \none-half of any such overpayment of tax (not less than $2).\n ``(b) Manner and Time of Designation.--Any designation or payment \nunder subsection (a) may be made with respect to any taxable year only \nat the time of filing the original return of the tax imposed by chapter \n1 for such taxable year. Such designation shall be made on the page \nbearing the taxpayer's signature, and in close proximity to such \nsignature, and shall be labeled `Cancer Research Fund'.\n ``(c) Overpayments Treated as Refunded.--For purposes of this \nsection, any overpayment of tax designated under subsection (a) shall \nbe treated as being refunded to the taxpayer as of the last day \nprescribed for filing the return of tax imposed by chapter 1 \n(determined with regard to extensions) or, if later, the date the \nreturn is filed.''\n (b) Clerical Amendment.--The table of parts for subchapter A of \nchapter 61 of the Internal Revenue Code of 1986 is amended by adding at \nthe end the following new item:\n\n ``Part IX. Designation of overpayments \n and contributions to Cancer \n Research Trust Fund.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1996.","summary":"Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code and any interest earned on investment of amounts in the Fund. Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research. Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year. Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate. Requires the Director to make awards from such amounts available for research on cancer. Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds. Amends the Internal Revenue Code to allow every individual to: (1) designate that a portion of any overpayment of tax. And (2) provide that a cash contribution , be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act. Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax .","title":"Cancer Research Fund Act of 1997","text_len":6877,"sum_len":1484} {"bill_id":"105_hr3545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Neighborhood Integrity and \nResponsibility Act''.\n\nSEC. 2. RENT REASONABLENESS TEST.\n\n (a) Housing Certificate Program.--Section 8(c)(2) of the United \nStates Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding \nat the end the following new subparagraph:\n ``(D)(i) Each public housing agency administering assistance \nprovided under the housing certificate program under this section shall \nensure that the rent charged for each dwelling unit assisted by the \nagency is reasonable in comparison with rents charged for comparable \nunassisted units available in the private residential rental market, \nby--\n ``(I) reviewing all rents for units under consideration by \n families assisted under the certificate program; and\n ``(II) reviewing all rent increases for units under lease \n by families assisted under such program.\nIf an agency determines that the rent (or rent increase) for a unit is \nnot reasonable, the agency shall disapprove a lease for such unit.\n ``(ii) For purposes of this subparagraph, rent comparisons shall be \nconducted by comparing the rent of the assisted dwelling unit with the \nrent of comparable unassisted units that are located in a geographical \narea, determined by the agency and approved by the Secretary that--\n ``(I) is geographically smaller than the applicable housing \n area used for the establishment of fair market rentals under \n paragraph (1);\n ``(II) has a continuous boundary; and\n ``(III) exhibits a commonality of geographic, demographic, \n housing, or other characteristics that make it appropriate for \n use under this subparagraph, including characteristics such as \n consisting of a recognized or identifiable neighborhood or \n geographic area, proximity to or identification with a \n particular location, structure, or feature, having a population \n with similar incomes, or containing housing a significant \n portion of which is similar in age, cost, type, or design.''.\n (b) Housing Voucher Program.--The last sentence of paragraph (10) \nof section 8(o) of the United States Housing Act of 1937 (42 U.S.C. \n1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''.\n (c) Condition on Receipt of Administrative Fees.--Section 8(q) of \nthe United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended \nby adding at the end the following new paragraph:\n ``(5) Notwithstanding any other provision of this subsection, the \nfee under this subsection attributable to any dwelling unit for any \nfiscal year may be paid to the public housing agency only if the agency \nhas complied, during the preceding fiscal year, with the requirement \nunder subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling \nunit.''.\n\nSEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER.\n\n Section 8 of the United States Housing Act of 1937 (42 U.S.C. \n1437f) is amended by inserting after subsection (k) the following new \nsubsection:\n ``(l) Ownership Limitation.--\n ``(1) In general.--Except as provided in paragraphs (2) and \n (3), a single public housing agency may not provide tenant-\n based assistance under this section for more than 5 dwelling \n units that are owned by any single owner.\n ``(2) Waiver.--A public housing agency may waive the \n applicability of the limitation under paragraph (1) with \n respect to an owner if the agency determines that all dwelling \n units owned by such owner and assisted or to be assisted with \n tenant-based assistance under this section are, at that time, \n in compliance with housing quality standards established by the \n Secretary for purposes of this section and any applicable State \n or local laws relating to housing habitability, construction, \n maintenance, safety, health, and sanitation.\n ``(3) Protection of current owners.--\n ``(A) In general.--If, at any time, a single owner \n owns more than 5 protected dwelling units, such \n protected dwelling units in excess of 5 shall not be \n considered at such time for purposes of applying the \n numerical limitation under paragraph (1) to such owner.\n ``(B) Protected dwelling units.--A dwelling unit \n shall be considered to be a protected dwelling unit at \n any time for purposes of this paragraph only if the \n dwelling unit, at that time, is occupied by a tenant \n who--\n ``(i) is an assisted family on whose behalf \n tenant-based assistance under this section is \n provided;\n ``(ii) on the date of the enactment of the \n Neighborhood Integrity and Responsibility Act \n occupied such unit and, at such time, was \n assisted with tenant-based assistance under \n this section; and\n ``(iii) has, without interruption since \n such date of enactment, continued to occupy \n such unit and continued to be assisted with \n such assistance.\n ``(4) Owner.--The Secretary shall issue regulations \n defining the term `single owner' for purposes of this \n subsection. The regulations shall provide that, with respect to \n any person or entity, any other person or entity owned or \n controlled by such person or entity (including any such \n affiliate or subsidiary of such person or entity) shall be \n considered a single owner for purposes of this subsection.''.\n\nSEC. 4. RENT PAID BY ASSISTED FAMILIES.\n\n (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United \nStates Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the \nmatter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' \nand inserting ``subparagraph (B) or (C) of section 8(c)(3)''.\n (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) \nof the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is \namended--\n (1) in the first sentence of subparagraph (A), by inserting \n before the period at the end the following: ``or subparagraph \n (B) or (C) of this paragraph, as applicable''; and\n (2) in subparagraph (B)(i), by striking the matter that \n precedes clause I and inserting the following:\n ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of \nthis paragraph, a family receiving tenant-based assistance under \nsubsection (b) may pay for rent more than the amount determined under \nsuch provisions if--'';\n (3) by redesignating subparagraph (B) (as so amended) as \n subparagraph (C); and\n (4) by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) A family on whose behalf tenant-based assistance under \nsubsection (b) is provided for a dwelling unit having a maximum monthly \nrent under the contract equal to or exceeding 50 percent of the \napplicable fair market rental for the area shall pay as rent for the \ndwelling unit the greater of the following two amounts:\n ``(i) The amount determined for the family under section \n 3(a)(1).\n ``(ii) For a dwelling unit having a maximum monthly rent \n under the contract--\n ``(I) that is equal to or exceeds 75 percent of the \n applicable fair market rental for the area, the amount \n that is equal to 50 percent of the contract rent for \n the unit.\n ``(II) that is equal to or exceeds 50 percent of \n the applicable fair market rental for the area but is \n less than 75 percent of such fair market rental, the \n amount that is equal to 30 percent of the contract rent \n for the unit.''.\n (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) \nof the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is \namended--\n (1) in paragraph (2)--\n (A) by striking ``The'' and inserting ``(A) Except \n as provided in paragraph (2), the''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) The monthly assistance payment under this subsection for any \nfamily renting a dwelling unit having a rent equal to or exceeding 50 \npercent of the applicable payment standard for the area shall be the \namount by which the payment standard exceeds the greater of the \nfollowing two amounts:\n ``(i) The amount determined for the family pursuant to \n subparagraph (A).\n ``(ii) For a dwelling unit having a rent--\n ``(I) that is equal to or exceeds 75 percent of the \n applicable payment standard for the area, the amount \n that is equal to 50 percent of the rent for the unit.\n ``(II) that is equal to or exceeds 50 percent of \n the applicable payment standard for the area but is \n less than 75 percent of such payment standard, the \n amount that is equal to 30 percent of the rent for the \n unit.''.\n (d) Conforming Amendments.--Section 8 of the United States Housing \nAct of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended--\n (1) in clause (b) of the second sentence of subsection \n (c)(1), by striking ``paragraph (3)(B)'' and inserting \n ``paragraph (3)(C)''; and\n (2) in subsection (y)(6)(A), by striking ``Subsection \n (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.","summary":"Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals. And (2) disapprove leases that are not reasonable. Requires PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. Prohibits a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. Revises tenant rent and monthly assistance provisions under the certificate and voucher programs.","title":"Neighborhood Integrity and Responsibility Act","text_len":10025,"sum_len":733} {"bill_id":"103_hr4582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Architect of the Capitol Human \nResources Act''.\n\nSEC. 2. FINDING AND PURPOSE.\n\n (a) Finding.--The Congress finds that the Office of the Architect \nof the Capitol has not kept pace with human resource management \npractices common among other Federal and private sector organizations.\n (b) Purpose.--It is the purpose of this Act to require the \nArchitect of the Capitol to establish and maintain a personnel \nmanagement system that incorporates fundamental principles that exist \nin other modern personnel systems.\n\nSEC. 3. PERSONNEL MANAGEMENT SYSTEM.\n\n (a) Establishment.--The Architect of the Capitol shall establish \nand maintain a personnel management system.\n (b) Requirements.--The personnel management system shall at a \nminimum include the following:\n (1) A system which ensures that applicants for employment \n and employees of the Architect of the Capitol are appointed, \n promoted, and assigned on the basis of merit and fitness after \n fair and equitable consideration of all applicants and \n employees through open competition.\n (2) An equal employment opportunity program which includes \n an affirmative employment program for employees and applicants \n for employment, and procedures for monitoring progress by the \n Architect of the Capitol in ensuring a workforce reflective of \n the diverse labor force.\n (3) A system for the classification of positions which \n takes into account the difficulty, responsibility, and \n qualification requirements of the work performed, and which \n conforms to the principle of equal pay for substantially equal \n work.\n (4) A program for the training of Architect of the Capitol \n employees which has among its goals improved employee \n performance and opportunities for employee advancement.\n (5) A formal performance appraisal system which will permit \n the accurate evaluation of job performance on the basis of \n objective criteria for all Architect of the Capitol employees.\n (6) A fair and equitable system to address unacceptable \n conduct and performance by Architect of the Capitol employees, \n including a general statement of violations, sanctions, and \n procedures which shall be made known to all employees, and a \n formal grievance procedure.\n (7) A program to provide services to deal with mental \n health, alcohol abuse, drug abuse, and other employee problems, \n and which ensures employee confidentiality.\n (8) A formal policy statement regarding the use and accrual \n of sick and annual leave which shall be made known to all \n employees, and which is consistent with the other requirements \n of this section.\n\nSEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM.\n\n (a) Development of Plan.--The Architect of the Capitol shall--\n (1) develop a plan for the establishment and maintenance of \n a personnel management system designed to achieve the \n requirements of section 3;\n (2) submit the plan to the Congress not later than 3 months \n after the date of enactment of this Act; and\n (3) implement the plan not earlier than 30 days and not \n later than 90 days after the plan is submitted to the Congress, \n as specified in paragraph (2).\n (b) Evaluation and Reporting.--The Architect of the Capitol shall \ndevelop a system of oversight and evaluation to ensure that the \npersonnel management system of the Architect of the Capitol achieves \nthe requirements of section 3 and complies with all other relevant \nlaws, rules and regulations. The Architect of the Capitol shall report \nto the Congress on an annual basis the results of its evaluation under \nthis subsection.\n (c) Application of Laws.--Nothing in this Act shall be construed to \nalter or supersede any other provision of law otherwise applicable to \nthe Architect of the Capitol or its employees, unless expressly \nprovided in this Act.\n\nSEC. 5. DISCRIMINATION COMPLAINT PROCESSING.\n\n (a) Definitions.--For purposes of this section:\n (1) The term ``employee of the Architect of the Capitol'' \n or ``employee'' means--\n (A) any employee of the Architect of the Capitol;\n (B) any applicant for a position that is to be \n occupied by an individual described in subparagraph \n (A); or\n (C) any individual who was formerly an employee \n described in subparagraph (A) and whose claim of a \n violation arises out of the individual's employment \n with the Architect of the Capitol.\n (2) The term ``violation'' means a practice that violates \n subsection (b) of this section.\n (b) Discriminatory Practices Prohibited.--\n (1) In general.--All personnel actions affecting employees \n of the Architect of the Capitol shall be made free from any \n discrimination based on--\n (A) race, color, religion, sex, or national origin, \n within the meaning of section 717 of the Civil Rights \n Act of 1964 (42 U.S.C. 2000e-16);\n (B) age, within the meaning of section 15 of the \n Age Discrimination in Employment Act of 1967 (29 U.S.C. \n 633a); or\n (C) handicap or disability, within the meaning of \n section 501 of the Rehabilitation Act of 1973 (29 \n U.S.C. 791) and sections 102 through 104 of the \n Americans with Disabilities Act of 1990 (42 U.S.C. \n 12112-14).\n (2) Intimidation prohibited.--Any intimidation of, or \n reprisal against, any employee by the Architect of the Capitol, \n or by any employee of the Architect of the Capitol, because of \n the exercise of a right under this section constitutes an \n unlawful employment practice, which may be remedied in the same \n manner as are other violations described in paragraph (1).\n (c) Procedure for Consideration of Alleged Violations.--\n (1) General accounting office personnel appeals board.--Any \n employee of the Architect of the Capitol alleging a violation \n of subsection (b) may file a charge with the General Accounting \n Office Personnel Appeals Board in accordance with the General \n Accounting Office Personnel Act of 1980 (31 U.S.C. 751-55) and \n regulations of the Board. Such a charge may be filed only after \n the employee has filed a complaint with the Architect of the \n Capitol in accordance with requirements prescribed by the \n Architect of the Capitol and has exhausted all remedies \n pursuant to such requirements.\n (2) Authority of architect.--The Architect of the Capitol \n shall carry out any action within its authority that the Board \n orders under section 4 of the General Accounting Office \n Personnel Act of 1980 (31 U.S.C. 753).\n (3) Reimbursement.--The Architect of the Capitol shall \n reimburse the General Accounting Office for costs incurred by \n the Board in considering charges filed under this section.\n (d) Amendments to the General Accounting Office Personnel Act of \n1980.--\n (1) Section 751(a)(1) of title 31, United States Code, \n amended by inserting ``or Architect of the Capitol'' after \n ``Office''.\n (2) Section 753(a) of title 31, United States Code, is \n amended--\n (A) in paragraph (7) by striking ``and'' at the end \n of the paragraph;\n (B) in paragraph (8) by striking the period and \n inserting ``; and''; and\n (C) by inserting at the end thereof the following:\n ``(9) an action involving discrimination prohibited under \n section 4(b) of the Architect of the Capitol Human Resources \n Act.''.\n (3) Section 755 of title 31, United States Code, is \n amended--\n (A) in subsection (a) by striking the ``or (7)'' \n and inserting ``, 7, or (9)''; and\n (B) in subsection (b) by striking ``or applicant \n for employment'' and inserting ``applicant for \n employment, or employee of the Architect of the \n Capitol''.","summary":"Architect of the Capitol Human Resources Act - Directs the Architect of the Capitol (AOC) to establish, implement, maintain, evaluate, and report to the Congress annually on a personnel management system that: (1) ensures that applicants for employment and employees of the AOC are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition. (2) provides an equal employment opportunity program which includes an affirmative employment program and procedures for monitoring progress by the AOC in ensuring a workforce reflective of the diverse labor force. (3) includes a system for classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed and which conform to the principle of equal pay for substantially equal work. (4) has a training program for AOC employees which has among its goals improved employee performance and oppotunities for employee advancement. (5) has a formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all AOC employees. (6) has a fair and equitable system to address unacceptable conduct and performance by AOC employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees and a formal grievance procedure. (7) has a program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems and which ensures employee confidentiality. And (8) has a formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees and which is consistent with the requirements of this Act. Requires all personnel actions affecting AOC employees to be made free from any discrimination prohibited by: (1) the Civil Rights Act of 1964, (2) the Age Discrimination in Employment Act of 1967, (3) the Rehabilitation Act of 1973. And (4) the Americans with Disabilities Act of 1990. Sets forth procedures for consideration of alleged violation of such provisions by AOC employees. Declares that any intimidation of, or reprisal against, any AOC employee or by any AOC employee, because of the exercise of a right under such provisions constitutes an unlawful employment practice which may be remedied in the same manner as are other violations described in this Act. Amends the General Accounting Office Personnel Act of 1980 to prohibit a current or former officer or employee of the AOC from being appointed as a member of the General Accounting Office Personnel Appeals Board. Authorizes the Board to consider and order corrective or disciplinary action in a case arising from an action involving discrimination prohibited under this Act. Subjects the final decision of the Board to judicial review. Allows an AOC employee to be awarded attorney's fees if she or he prevails in such case.","title":"Architect of the Capitol Human Resources Act","text_len":8677,"sum_len":3018} {"bill_id":"110_s1684","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Return of Talent Act''.\n\nSEC. 2. RETURN OF TALENT PROGRAM.\n\n (a) In General.--Title III of the Immigration and Nationality Act \n(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the \nfollowing:\n\n ``temporary absence of persons participating in the return of talent \n program\n\n ``Sec. 317A. (a) In General.--The Secretary of Homeland Security, \nin consultation with the Secretary of State, shall establish the Return \nof Talent Program to permit eligible aliens to temporarily return to \nthe alien's country of citizenship in order to make a material \ncontribution to that country if the country is engaged in post-conflict \nor natural disaster reconstruction activities, for a period not \nexceeding 24 months, unless an exception is granted under subsection \n(d).\n ``(b) Eligible Alien.--An alien is eligible to participate in the \nReturn of Talent Program established under subsection (a) if the alien \nmeets the special immigrant description under section 101(a)(27)(N).\n ``(c) Family Members.--The spouse, parents, siblings, and any minor \nchildren of an alien who participates in the Return of Talent Program \nestablished under subsection (a) may return to such alien's country of \ncitizenship with the alien and reenter the United States with the \nalien.\n ``(d) Extension of Time.--The Secretary of Homeland Security may \nextend the 24-month period referred to in subsection (a) upon a showing \nthat circumstances warrant that an extension is necessary for post-\nconflict or natural disaster reconstruction efforts.\n ``(e) Residency Requirements.--An immigrant described in section \n101(a)(27)(N) who participates in the Return of Talent Program \nestablished under subsection (a), and the spouse, parents, siblings, \nand any minor children who accompany such immigrant to that immigrant's \ncountry of citizenship, shall be considered, during such period of \nparticipation in the program--\n ``(1) for purposes of section 316(a), physically present \n and residing in the United States for purposes of \n naturalization within the meaning of that section; and\n ``(2) for purposes of section 316(b), to meet the \n continuous residency requirements in that section.\n ``(f) Oversight and Enforcement.--The Secretary of Homeland \nSecurity, in consultation with the Secretary of State, shall oversee \nand enforce the requirements of this section.''.\n (b) Table of Contents.--The table of contents for the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting \nafter the item relating to section 317 the following:\n\n``317A. Temporary absence of persons participating in the Return of \n Talent Program.''.\n\nSEC. 3. ELIGIBLE IMMIGRANTS.\n\n Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(27)) is amended--\n (1) in subparagraph (L), by inserting a semicolon after \n ``Improvement Act of 1998'';\n (2) in subparagraph (M), by striking the period and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(N) an immigrant who--\n ``(i) has been lawfully admitted to the United \n States for permanent residence;\n ``(ii) demonstrates an ability and willingness to \n make a material contribution to the post-conflict or \n natural disaster reconstruction in the alien's country \n of citizenship; and\n ``(iii) as determined by the Secretary of State in \n consultation with the Secretary of Homeland Security--\n ``(I) is a citizen of a country in which \n Armed Forces of the United States are engaged, \n or have engaged in the 10 years preceding such \n determination, in combat or peacekeeping \n operations;\n ``(II) is a citizen of a country where \n authorization for United Nations peacekeeping \n operations was initiated by the United Nations \n Security Council during the 10 years preceding \n such determination; or\n ``(III) is a citizen of a country which \n received, during the preceding 2 years, funding \n from the Office of Foreign Disaster Assistance \n of the United States Agency for International \n Development in response to a declared disaster \n in such country by the United States \n Ambassador, the Chief of the U.S. Mission, or \n the appropriate Assistant Secretary of State, \n that is beyond the ability of such country's \n response capacity and warrants a response by \n the United States Government.''.\n\nSEC. 4. REPORT TO CONGRESS.\n\n Not later than 2 years after the date of the enactment of this Act, \nthe Secretary of Homeland Security, in consultation with the Secretary \nof State, shall submit a report to Congress that describes--\n (1) the countries of citizenship of the participants in the \n Return of Talent Program established under section 317A of the \n Immigration and Nationality Act, as added by section 2;\n (2) the post-conflict or natural disaster reconstruction \n efforts that benefitted, or were made possible, through \n participation in the program; and\n (3) any other information that the Secretary of Homeland \n Security determines to be appropriate.\n\nSEC. 5. REGULATIONS.\n\n Not later than 6 months after the date of the enactment of this \nAct, the Secretary of Homeland Security shall promulgate regulations to \ncarry out this Act and the amendments made by this Act.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Bureau of \nCitizenship and Immigration Services for fiscal year 2008, such sums as \nmay be necessary to carry out this Act and the amendments made by this \nAct.","summary":"Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible immigrant alien and certain family members to return for up to 24 months to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities. States that during such absence the alien and family members shall be considered to be physically and continuously present and residing in the United States for naturalization purposes.","title":"A bill to establish the Return of Talent Program to allow aliens who are legally present in the United States to return temporarily to the country of citizenship of the alien if that country is engaged in post-conflict or natural disaster reconstruction, and for other purposes.","text_len":6377,"sum_len":618} {"bill_id":"108_s2963","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Control of Broadcast Towers \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) The placement, construction, and modification of \n broadcast transmission facilities near residential communities \n and facilities such as schools can greatly reduce the value of \n residential properties, destroy the views from properties, \n produce radio frequency interference, raise concerns about \n potential long-term health effects of such facilities, and \n reduce substantially the desire to live in the areas of such \n facilities.\n (2) States and local governments have traditionally \n regulated development and should be able to exercise control \n over the placement, construction, and modification of broadcast \n transmission facilities through the use of zoning and other \n land use regulations relating to the protection of the \n environment, public health and safety, and the general welfare \n of the community and the public.\n (3) The Federal Communications Commission establishes \n policies to govern interstate and international communications \n by television, radio, wire, satellite, and cable. The \n Commission ensures compliance of such activities with \n applicable Federal laws, including the National Environmental \n Policy Act of 1969 and the National Historic Preservation Act, \n in its decision-making on such activities.\n (4) The Commission defers to State and local authorities \n which regulate the placement, construction, and modification of \n broadcast transmission facilities through the use of zoning, \n construction and building, and environmental and safety \n regulations in order to protect the environment and the health, \n safety, and general welfare of communities and the public.\n (5) On August 19, 1997, the Commission issued a proposed \n rule, MM Docket No. 97-182, which would preempt the application \n of most State and local zoning, environmental, construction and \n building, and other regulations affecting the placement, \n construction, and modification of broadcast transmission \n facilities.\n (6) The telecommunications industry and its experts should \n be expected to have access to the best and most recent \n technical information and should therefore be held to the \n highest standards in terms of their representations, \n assertions, and promises to governmental authorities.\n (b) Purpose.--The purpose of this Act is to confirm that State and \nlocal governments are the appropriate entities--\n (1) to regulate the placement, construction, and \n modification of broadcast transmission facilities consistent \n with State and local zoning, construction and building, \n environmental, and land use regulations;\n (2) to regulate the placement, construction, and \n modification of broadcast transmission facilities so that their \n placement, construction, or modification will not interfere \n with the safe and efficient use of public airspace or otherwise \n compromise or endanger the health, safety, and general welfare \n of the public; and\n (3) to hold accountable applicants for permits for the \n placement, construction, or modification of broadcast \n transmission facilities, and providers of services using such \n facilities, for the truthfulness and accuracy of \n representations and statements placed in the record of hearings \n for such permits, licenses, or approvals.\n\nSEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE \n AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION \n FACILITIES.\n\n Notwithstanding any other provision of law, the Federal \nCommunications Commission shall not adopt as a final rule or otherwise \ndirectly or indirectly implement any portion of the proposed rule set \nforth in ``Preemption of State and Local Zoning and Land Use \nRestrictions on Siting, Placement and Construction of Broadcast Station \nTransmission Facilities'', MM Docket No. 97-182, released August 19, \n1997.\n\nSEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF \n BROADCAST TRANSMISSION FACILITIES.\n\n Part I of title III of the Communications Act of 1934 (47 U.S.C. \n301 et seq.) is amended by adding at the end the following:\n\n``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND \n MODIFICATION OF BROADCAST TRANSMISSION FACILITIES.\n\n ``(a) Authority To Require Least Intrusive Facilities.--\n ``(1) In general.--A State or local government may deny an \n application to place, construct, or modify broadcast \n transmission facilities on the basis that alternative \n technologies, delivery systems, or structures are capable of \n delivering broadcast signals comparable to that proposed to be \n delivered by such facilities in a manner that is less intrusive \n to the community concerned than such facilities.\n ``(2) Considerations.--In determining under paragraph (1) \n the intrusiveness of technologies, delivery systems, or \n structures for the transmission of broadcast signals, a State \n or local government may consider the aesthetics of such \ntechnologies, systems, or structures, the environmental impact of such \ntechnologies, systems, or structures, and the radio frequency \ninterference or radiation emitted by such technologies, systems, or \nstructures.\n ``(3) Burden of proof.--In any hearing for purposes of the \n exercise of the authority in paragraph (1), the burden shall be \n on the applicant.\n ``(b) Radio Interference.--A State or local government may regulate \nthe location, height, or modification of broadcast transmission \nfacilities in order to address the effects of radio frequency \ninterference caused by such facilities on local communities and the \npublic.\n ``(c) Authority To Require Studies and Documentation.--No provision \nof this Act may be interpreted to prohibit a State or local government \nfrom--\n ``(1) requiring a person seeking authority to place, \n construct, or modify broadcast transmission facilities to \n produce--\n ``(A) environmental, biological, and health \n studies, engineering reports, or other documentation of \n the compliance of such facilities with radio frequency \n exposure limits, radio frequency interference impacts, \n and compliance with applicable laws, rules, and \n regulations governing the effects of such facilities on \n the environment, public health and safety, and the \n general welfare of the community and the public; and\n ``(B) documentation of the compliance of such \n facilities with applicable Federal, State, and local \n aviation safety standards or aviation obstruction \n standards regarding objects effecting navigable \n airspace; or\n ``(2) refusing to grant authority to such person to place, \n construct, or modify such facilities within the jurisdiction of \n such government if such person fails to produce studies, \n reports, or documentation required under paragraph (1).\n ``(d) Construction.--Nothing in this section may be construed to \nprohibit or otherwise limit the authority of a State or local \ngovernment to ensure compliance with or otherwise enforce any \nstatements, assertions, or representations filed or submitted by or on \nbehalf of an applicant with the State or local government for authority \nto place, construct, or modify broadcast transmission facilities within \nthe jurisdiction of the State or local government.\n ``(e) Broadcast Transmission Facility Defined.--In this section, \nthe term `broadcast transmission facility' means the equipment, or any \nportion thereof, with which a broadcaster transmits and receives the \nradiofrequency waves that carry the services of the broadcaster, \nregardless of whether the equipment is sited on one or more towers or \nother structures owned by a person or entity other than the \nbroadcaster, and includes the location of such equipment.''.","summary":"Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public. Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.","title":"A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes.","text_len":8651,"sum_len":1162} {"bill_id":"106_hr4503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Historically Women's Public Colleges \nor Universities Historic Building Restoration and Preservation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Historically women's public college or university.--The \n term ``historically women's public college or university'' \n means a public institution of higher education created in the \n United States between 1836 and 1908 to provide industrial \n education for women, including the institutions listed in \n clauses (i) though (viii) of section 3(d)(2)(A).\n (2) Historic building or structure.--The term ``historic \n building or structure'' means a building or structure listed \n (or eligible to be listed) on the National Register of Historic \n Places, designated as a National Historic Landmark, or located \n within a designated historic district.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND \n STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR \n UNIVERSITIES.\n\n (a) Authority To Make Grants.--\n (1) In general.--From amounts made available under \n paragraph (2), the Secretary shall award grants in accordance \n with this section to historically women's public colleges or \n universities for the preservation and restoration of historic \n buildings and structures on their campuses.\n (2) Source of funding.--Grants under paragraph (1) shall be \n awarded from amounts appropriated to carry out the National \n Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal \n years 2001 through 2005.\n (b) Grant Conditions.--Grants made under subsection (a) shall be \nsubject to the condition that the grantee agree, for the period of time \nspecified by the Secretary, that--\n (1) no alteration will be made in the property with respect \n to which the grant is made without the concurrence of the \n Secretary; and\n (2) reasonable public access to the property for which the \n grant is made will be permitted by the grantee for interpretive \n and educational purposes.\n (c) Matching Requirement for Buildings and Structures Listed on the \nNational Register of Historic Places.--\n (1) In general.--Except as provided by paragraph (2), the \n Secretary may obligate funds made available under this section \n for a grant with respect to a building or structure listed on \n the National Register of Historic Places, designated as a \n National Historic Landmark, or located within a designated \n historic district, only if the grantee agrees to provide for \n activities under the grant, from funds derived from non-Federal \n sources, an amount equal to 50 percent of the costs of the \n program to be funded under the grant with the Secretary \n providing 50 percent of such costs under the grant.\n (2) In-kind contributions.--In addition to cash outlays and \n payments, in-kind contributions of property or personnel \n services by non-Federal interests may be used for the non-\n Federal share of costs required by paragraph (1).\n (d) Funding Provisions.--\n (1) Amounts to be made available.--Not more than \n $16,000,000 for each of the fiscal years 2001 through 2005 may \n be made available under this section.\n (2) Allocations for fiscal year 2001.--\n (A) In general.--Of the amounts made available \n under this section for fiscal year 2001, there shall be \n available only for grants under subsection (a) \n $2,000,000 for each of the following:\n (i) Mississippi University for Women in \n Colombus, Mississippi.\n (ii) Georgia College and State University \n in Milledgeville, Georgia.\n (iii) University of North Carolina in \n Greensboro, North Carolina.\n (iv) Winthrop University in Rock Hill, \n South Carolina.\n (v) University of Montevallo in Montevallo, \n Alabama.\n (vi) Texas Woman's University in Denton, \n Texas.\n (vii) University of Science and Arts of \n Oklahoma in Chickasha, Oklahoma.\n (viii) Wesleyan College in Macon, Georgia.\n (B) Less than $16,000,000 available.--If less than \n $16,000,000 is made available under this section for \n fiscal year 2001, then the amount made available to \n each of the institutions listed in subparagraph (A) \n shall be reduced by the same amount.\n (3) Allocations for fiscal years 2002-2005.--Any funds \n which are made available during fiscal years 2002 through 2005 \n under subsection (a)(2) shall be distributed by the Secretary \n in accordance with the provisions of subparagraphs (A) and (B) \n of paragraph (2) to those grantees named in paragraph (2)(A) \n which remain eligible and desire to participate, on a uniform \n basis, in such fiscal years.\n (e) Regulations.--The Secretary shall promulgate such regulations \nas are necessary to carry out this Act.\n\n Passed the House of Representatives October 3, 2000.\n\n Attest:\n\n Clerk.","summary":"Sets forth: (1) grant conditions. (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions. And (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women, (2) Georgia College and State University, (3) University of North Carolina at Greensboro, North Carolina, (4) Winthrop University in Rock Hill, South Carolina, (5) University of Montevallo in Montevallo, Alabama, (6) Texas Woman's University in Denton, Texas. (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. And (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years.","title":"Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act","text_len":5856,"sum_len":890} {"bill_id":"114_s998","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Manufacturing \nCompetitiveness Act of 2015''.\n\nSEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL.\n\n (a) Findings.--Congress makes the following findings:\n (1) As of the date of the enactment of this Act, the \n Harmonized Tariff Schedule of the United States imposes duties \n on imported goods for which there is no domestic availability \n or insufficient domestic availability.\n (2) The imposition of duties on such goods creates \n artificial distortions in the economy of the United States that \n negatively affect United States manufacturers and consumers.\n (3) It is in the interests of the United States to update \n the Harmonized Tariff Schedule every 3 years to eliminate such \n artificial distortions by suspending or reducing duties on such \n goods.\n (4) The manufacturing competitiveness of the United States \n around the world will be enhanced if Congress regularly and \n predictably updates the Harmonized Tariff Schedule to suspend \n or reduce duties on such goods.\n (b) Sense of Congress.--It is the sense of Congress that, to remove \nthe competitive disadvantage to United States manufactures and \nconsumers resulting from an outdated Harmonized Tariff Schedule and to \npromote the competitiveness of United States manufacturers, Congress \nshould consider a miscellaneous tariff bill not later than 180 days \nafter the United States International Trade Commission and the \nDepartment of Commerce issue reports on proposed duty suspensions and \nreductions under this Act.\n\nSEC. 3. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND REDUCTIONS.\n\n (a) Purpose.--It is the purpose of this section to establish a \nprocess by the appropriate congressional committees, in conjunction \nwith the Commission pursuant to its authorities under section 332 of \nthe Tariff Act of 1930 (19 U.S.C. 1332), for the submission and \nconsideration of proposed duty suspensions and reductions.\n (b) Establishment.--Not later than October 15, 2015, and October \n15, 2018, the appropriate congressional committees shall establish and, \non the same day, publish on their respective publicly available \nInternet websites a process--\n (1) to provide for the submission and consideration of \n legislation containing proposed duty suspensions and reductions \n in a manner that, to the maximum extent practicable, is \n consistent with the requirements described in subsection (c); \n and\n (2) to include in a miscellaneous tariff bill those duty \n suspensions and reductions that meet the requirements of this \n Act.\n (c) Requirements of Commission.--\n (1) Initiation.--Not later than October 15, 2015, and \n October 15, 2018, the Commission shall publish in the Federal \n Register and on a publicly available Internet website of the \n Commission a notice requesting members of the public to submit \n to the Commission during the 60-day period beginning on the \n date of such publication--\n (A) proposed duty suspensions and reductions; and\n (B) Commission disclosure forms with respect to \n such duty suspensions and reductions.\n (2) Review.--\n (A) Commission submission to congress.--As soon as \n practicable after the expiration of the 60-day period \n specified in paragraph (1), but not later than 15 days \n after the expiration of such 60-day period, the \n Commission shall submit to the appropriate \n congressional committees the proposed duty suspensions \n and reductions submitted under paragraph (1)(A) and the \n Commission disclosure forms with respect to such duty \n suspensions and reductions submitted under paragraph \n (1)(B).\n (B) Public availability of proposed duty \n suspensions and reductions.--Not later than 15 days \n after the expiration of the 60-day period specified in \n paragraph (1), the Commission shall publish on a \n publicly available Internet website of the Commission \n the proposed duty suspensions and reductions submitted \n under paragraph (1)(A) and the Commission disclosure \n forms with respect to such duty suspensions and \n reductions submitted under paragraph (1)(B).\n (C) Commission reports to congress.--Not later than \n the end of the 90-day period beginning on the date of \n publication of the proposed duty suspensions and \n reductions under subparagraph (B), the Commission shall \n submit to the appropriate congressional committees a \n report on each proposed duty suspension or reduction \n submitted pursuant to subsection (b)(1) or paragraph \n (1)(A) that contains the following information:\n (i) A determination of whether or not \n domestic production of the article that is the \n subject of the proposed duty suspension or \n reduction exists and, if such production \n exists, whether or not a domestic producer of \n the article objects to the proposed duty \n suspension or reduction.\n (ii) Any technical changes to the article \n description that are necessary for purposes of \n administration when articles are presented for \n importation.\n (iii) The amount of tariff revenue that \n would no longer be collected if the proposed \n duty suspension or reduction takes effect.\n (iv) A determination of whether or not the \n proposed duty suspension or reduction is \n available to any person that imports the \n article that is the subject of the proposed \n duty suspension or reduction.\n (3) Procedures.--The Commission shall prescribe and publish \n on a publicly available Internet website of the Commission \n procedures for complying with the requirements of this \n subsection.\n (4) Authorities described.--The Commission shall carry out \n this subsection pursuant to its authorities under section 332 \n of the Tariff Act of 1930 (19 U.S.C. 1332).\n (d) Department of Commerce Report.--Not later than the end of the \n90-day period beginning on the date of publication of the proposed duty \nsuspensions and reductions under subsection (c)(2)(B), the Secretary of \nCommerce, in consultation with U.S. Customs and Border Protection and \nother relevant Federal agencies, shall submit to the appropriate \ncongressional committees a report on each proposed duty suspension and \nreduction submitted pursuant to subsection (b)(1) or (c)(1)(A) that \nincludes the following information:\n (1) A determination of whether or not domestic production \n of the article that is the subject of the proposed duty \n suspension or reduction exists and, if such production exists, \n whether or not a domestic producer of the article objects to \n the proposed duty suspension or reduction.\n (2) Any technical changes to the article description that \n are necessary for purposes of administration when articles are \n presented for importation.\n (e) Rule of Construction.--A proposed duty suspension or reduction \nsubmitted under this section by a Member of Congress shall receive \ntreatment no more favorable than the treatment received by a proposed \nduty suspension or reduction submitted under this section by a member \nof the public.\n\nSEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED \n STATES ECONOMY.\n\n (a) In General.--Not later than May 1, 2018, and May 1, 2020, the \nCommission shall submit to the appropriate congressional committees a \nreport on the effects on the United States economy of temporary duty \nsuspensions and reductions enacted pursuant to this Act, including a \nbroad assessment of the economic effects of such duty suspensions and \nreductions on producers, purchasers, and consumers in the United \nStates, using case studies describing such effects on selected \nindustries or by type of article as available data permit.\n (b) Recommendations.--The Commission shall also solicit and append \nto the report required under subsection (a) recommendations with \nrespect to those domestic industry sectors or specific domestic \nindustries that might benefit from permanent duty suspensions and \nreductions or elimination of duties, either through a unilateral action \nof the United States or though negotiations for reciprocal tariff \nagreements, with a particular focus on inequities created by tariff \ninversions.\n (c) Form of Report.--Each report required by this section shall be \nsubmitted in unclassified form, but may include a classified annex.\n\nSEC. 5. JUDICIAL REVIEW PRECLUDED.\n\n The exercise of functions under this Act shall not be subject to \njudicial review.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Ways and Means of the House of Representatives and the \n Committee on Finance of the Senate.\n (2) Commission.--The term ``Commission'' means the United \n States International Trade Commission.\n (3) Commission disclosure form.--The term ``Commission \n disclosure form'' means, with respect to a proposed duty \n suspension or reduction, a document submitted by a member of \n the public to the Commission that contains the following:\n (A) The contact information for any known importers \n of the article to which the proposed duty suspension or \n reduction would apply.\n (B) A certification by the member of the public \n that the proposed duty suspension or reduction is \n available to any person importing the article to which \n the proposed duty suspension or reduction would apply.\n (4) Domestic producer.--The term ``domestic producer'' \n means a person that demonstrates production, or imminent \n production, in the United States of an article that is \n identical to, or like or directly competitive with, an article \n to which a proposed duty suspension or reduction would apply.\n (5) Duty suspension or reduction.--\n (A) In general.--The term ``duty suspension or \n reduction'' means an amendment to subchapter II of \n chapter 99 of the Harmonized Tariff Schedule of the \n United States that--\n (i)(I) extends an existing temporary duty \n suspension or reduction of duty on an article \n under that subchapter; or\n (II) provides for a new temporary duty \n suspension or reduction of duty on an article \n under that subchapter; and\n (ii) otherwise meets the requirements \n described in subparagraph (B).\n (B) Requirements.--A duty suspension or reduction \n meets the requirements described in this subparagraph \n if--\n (i) the duty suspension or reduction can be \n administered by U.S. Customs and Border \n Protection;\n (ii) the estimated loss in revenue to the \n United States from the duty suspension or \n reduction does not exceed $500,000 in a \n calendar year during which the duty suspension \n or reduction would be in effect, as determined \n by the Congressional Budget Office; and\n (iii) the duty suspension or reduction is \n available to any person importing the article \n that is the subject of the duty suspension or \n reduction.\n (6) Member of congress.--The term ``Member of Congress'' \n means a Senator or a Representative in, or Delegate or Resident \n Commissioner to, Congress.\n (7) Miscellaneous tariff bill.--The term ``miscellaneous \n tariff bill'' means a bill of either House of Congress that \n contains only--\n (A) duty suspensions and reductions that--\n (i) meet the applicable requirements for--\n (I) consideration of duty \n suspensions and reductions described in \n section 3; or\n (II) any other process required \n under the Rules of the House of \n Representatives or the Senate; and\n (ii) are not the subject of an objection \n because such duty suspensions and reductions do \n not comply with the requirements of this Act \n from--\n (I) a Member of Congress; or\n (II) a domestic producer, as \n contained in comments submitted to the \n appropriate congressional committees, \n the Commission, or the Department of \n Commerce under section 3; and\n (B) provisions included in bills introduced in the \n House of Representatives or the Senate pursuant to a \n process described in subparagraph (A)(i)(II) that \n correct an error in the text or administration of a \n provision of the Harmonized Tariff Schedule of the \n United States.","summary":"American Manufacturing Competitiveness Act of 2015 It is the sense of Congress that it should consider a miscellaneous tariff bill not later than 180 days after the USITC and the Department of Commerce issue reports on any proposed duty suspensions and reductions. The appropriate congressional committees shall establish, and publish on their publicly available websites, a process for the submission and consideration of legislation for proposed duty suspensions and reductions as well as a miscellaneous tariff bill including them, consistent with certain requirements. The USITC shall report to Congress, by May 1, 2018, and May 1, 2020, on the effects of such suspensions and reductions on the US economy. The exercise of functions under this title shall not be subject to judicial review.","title":"American Manufacturing Competitiveness Act of 2015","text_len":14793,"sum_len":794} {"bill_id":"111_hr5027","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Eating Healthy at School Act of \n2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Information about school meal quality is vital to \n maximizing the national investment in the school meal programs \n established under the Richard B. Russell National School Lunch \n Act (42 U.S.C. 1751 et seq.) and section 4 of the Child \n Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the \n effectiveness of and compliance with Federal school meal \n standards.\n (2) Assessing compliance with Federal school meal standards \n will enhance child health and the nutritional quality of school \n meals, contribute to nutrition research and evaluation of the \n school meal programs, and improve oversight of the school meal \n programs.\n (3) According to the School Nutrition Dietary Assessment \n Study-III of the school meals served under the school meal \n programs in school year 2004-2005, the majority of schools \n offered breakfasts and lunches that met the standards for the \n recommended daily intake of key nutrients, such as vitamins A \n and C, calcium, protein, and iron, but that the majority of \n school lunches were still too high in fat, saturated fat, and \n sodium.\n (4) Reviews of the nutritional quality of school meals \n under the school meals initiative for healthy children (60 Fed. \n Reg. 31188 (1995)) assess only the lunches served in 1 school \n per school food authority every 5 years and do not include \n assessments of breakfasts served by schools participating in \n the school breakfast program established under section 4 of the \n Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with \n nutrition standards for foods sold in schools outside of the \n school meal programs.\n (5) Reviews of school meals under the school meals \n initiative for healthy children are laborious for State child \n nutrition programs and local school food authorities. \n Simplified, less burdensome, and more effective approaches are \n needed.\n (6) The Institute of Medicine recommends changes to school \n meals to reflect the most recent Dietary Guidelines for \n Americans published under section 301 of the National Nutrition \n Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). \n The recommendations for new meal requirements involve \n significant shifts in the approach of schools to menu planning \n and will likely require new mechanisms for monitoring meal \n quality.\n (7) Food of poor nutritional value sold in schools outside \n of the school meal programs can undermine the national \n investment in school meals.\n (8) Gaps in Federal requirements for program integrity \n reviews limit the ability to identify and address meal counting \n and claiming errors.\n (9) Program integrity reviews are not required for the \n school breakfast program. Twenty-one States reported to the \n Comptroller General of the United States that they do not \n review the school breakfast program.\n (10) The percentage of meal counting and claiming errors is \n higher in the school breakfast program than in the school lunch \n program.\n\nSEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY.\n\n (a) In General.--The Secretary of Agriculture shall conduct a study \nto--\n (1) assess the effectiveness and efficiency of \n administrative review systems to ensure--\n (A) each local educational agency participating in \n the school lunch program established under the Richard \n B. Russell National School Lunch Act (42 U.S.C. 1751 et \n seq.) complies with the provisions of such Act, \n including the provisions with respect to nutrition, \n eligibility, meal counts, and claims for reimbursement;\n (B) each local educational agency participating in \n the school breakfast program established under section \n 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) \n complies with the provisions of such Act, including the \n provisions with respect to nutrition, eligibility, meal \n counts, and claims for reimbursement; and\n (C) each local educational agency described in \n subparagraphs (A) and (B) is accountable for the \n compliance described in such subparagraphs;\n (2) design and test alternative processes and procedures \n that may improve the effectiveness and efficiency of the \n administrative review systems described in paragraph (1), and \n determine the optimal frequency for carrying out reviews under \n such systems; and\n (3) identify any alternative processes and procedures for \n establishing a more effective and efficient administrative \n review system which--\n (A) reflect the results of tests of alternative \n processes and procedures conducted pursuant to \n paragraph (2); and\n (B) consider the practicality of implementing such \n alternative processes and procedures, including the \n cost and burden of implementation that would be imposed \n on local school food authorities, local educational \n agencies, and State educational agencies.\n (b) Report.--Not later than 3 years after the date of the enactment \nof this Act, the Secretary of Agriculture shall submit to the Committee \non Education and Labor of the House of Representatives and the \nCommittee on Agriculture, Nutrition, and Forestry of the Senate, a \nreport that describes the results and recommendations of the study \nconducted pursuant to subsection (a).\n (c) Regulations.--The Secretary of Agriculture may prescribe \nregulations as may be necessary to implement the processes or \nprocedures identified pursuant to subsection (a)(3) for establishing an \neffective and efficient administrative review system.\n (d) Funding.--\n (1) In general.--Upon the date of the enactment of this \n Act, out of any funds in the Treasury not otherwise \n appropriated, the Secretary of the Treasury shall transfer to \n the Secretary of Agriculture $3,500,000 to carry out this \n section, to remain available until expended.\n (2) Receipt and acceptance.--The Secretary of Agriculture \n shall be entitled to receive, shall accept, and shall use to \n carry out this section the funds transferred under paragraph \n (1), without further appropriation.","summary":"Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs. (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems. And (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation. Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures.","title":"To direct the Secretary of Agriculture to assess the effectiveness and efficiency of administrative review systems to ensure compliance with Federal meal standards.","text_len":7021,"sum_len":704} {"bill_id":"115_s2624","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``EQIP Improvement Act of 2018''.\n\nSEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM REFORMS.\n\n (a) In General.--Section 1240B of the Food Security Act of 1985 (16 \nU.S.C. 3839aa-2) is amended--\n (1) in subsection (d), by striking paragraph (2) and \n inserting the following:\n ``(2) Limitation on payments.--A payment to a producer for \n performing a practice may not exceed, as determined by the \n Secretary--\n ``(A) except as provided in subparagraphs (B) \n through (D), 75 percent of the costs associated with \n planning, design, materials, equipment, installation, \n labor, management, maintenance, or training;\n ``(B) 40 percent of the costs associated with \n planning, design, materials, equipment, installation, \n labor, management, maintenance, or training for--\n ``(i) an access road;\n ``(ii) an animal mortality facility;\n ``(iii) an aquaculture pond;\n ``(iv) clearing and snagging;\n ``(v) a dam;\n ``(vi) a dam using a diversion;\n ``(vii) a dike;\n ``(viii) a diversion;\n ``(ix) a fish raceway or tank;\n ``(x) an irrigation pipeline;\n ``(xi) an irrigation reservoir;\n ``(xii) land clearing;\n ``(xiii) land smoothing;\n ``(xiv) a livestock pipeline;\n ``(xv) obstruction removal;\n ``(xvi) a pond;\n ``(xvii) a pumping plant;\n ``(xviii) spoil spreading;\n ``(xix) a surface drain using a field \n ditch;\n ``(xx) a main or lateral surface drain;\n ``(xxi) a vertical drain;\n ``(xxii) a waste facility closure;\n ``(xxiii) a waste storage facility;\n ``(xxiv) waste transfer; or\n ``(xxv) a waste treatment lagoon;\n ``(C) 100 percent of income foregone by the \n producer; or\n ``(D) in the case of a practice that includes one \n or more elements described in subparagraphs (A) through \n (C)--\n ``(i) 75 percent of the costs incurred with \n respect to any elements described in \n subparagraph (A);\n ``(ii) 40 percent of the costs incurred \n with respect to any elements described in \n subparagraph (B); and\n ``(iii) 100 percent of the income forgone \n with respect to any elements described in \n subparagraph (C).''; and\n (2) in subsection (f), by striking the subsection \n designation and heading and all that follows through ``For \n each'' in paragraph (2) and inserting the following:\n ``(f) Allocation of Funding for Wildlife Habitat.--For each''.\n (b) Limitation on Payments.--Section 1240G of the Food Security Act \nof 1985 (16 U.S.C. 3839aa-7) is amended by striking ``$450,000'' and \ninserting ``$150,000''.\n (c) Program Reforms.--Section 1240F of the Food Security Act of \n1985 (16 U.S.C. 3839aa-6) is amended--\n (1) in the matter preceding paragraph (1), by striking ``To \n the extent'' and inserting the following:\n ``(a) Producer Assistance.--To the extent''; and\n (2) by adding at the end the following:\n ``(b) Program Reforms.--Not later than 180 days after the date of \nenactment of this subsection, the Secretary shall--\n ``(1) coordinate the program with the conservation effects \n assessments carried out by the Secretary--\n ``(A) to ensure that the conservation effects \n assessments consider the practical limitations and \n costs and benefits encountered by the Secretary in \n implementing the program; and\n ``(B) to use information collected through \n conservation effects assessments carried out by the \n Secretary to direct funds of the program to contracts \n that will optimize environmental benefits; and\n ``(2) revise guidance issued to States with regards to \n allocation processes of program funds within the States to \n provide that, in determining the allocation of program funds \n within a State, the State should use data regarding \n environmental concerns, if available, as a primary factor to \n prioritize projects.''.\n (d) High-Priority Practices.--\n (1) Definition of high-priority practice.--Section 1240A of \n the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended--\n (A) by redesignating paragraphs (2) through (5) as \n paragraphs (3) through (6), respectively; and\n (B) by inserting after paragraph (1) the following:\n ``(2) High-priority practice.--\n ``(A) In general.--The term `high-priority \n practice' means a land management practice or \n vegetative practice that, as determined by the \n Secretary, is a cost-effective means of addressing the \n most pressing specific impairments that threaten to \n degrade or impair--\n ``(i) water quality;\n ``(ii) water quantity;\n ``(iii) soil or related natural resources \n within a local watershed; or\n ``(iv) a specific natural resource \n boundary.\n ``(B) Inclusions.--The term `high-priority \n practice' includes the planning, design, materials, \n equipment, installation, labor, management, \n maintenance, or training for--\n ``(i) conservation cover;\n ``(ii) conservation crop rotation;\n ``(iii) cover crops;\n ``(iv) critical area planting;\n ``(v) a filter strip;\n ``(vi) nutrient management;\n ``(vii) prescribed grazing;\n ``(viii) residue and tillage management \n using no till;\n ``(ix) a riparian forest buffer;\n ``(x) a riparian herbaceous cover; and\n ``(xi) tree and shrub establishment.''.\n (2) Prioritization of applications.--Section 1240C(b) of \n the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is \n amended--\n (A) by redesignating paragraphs (1) through (4) as \n paragraphs (2) through (5), respectively; and\n (B) by inserting before paragraph (2) (as \n redesignated by subparagraph (A)) the following--\n ``(1) that consist only of the performance of one or more \n high-priority practices;''.\n (e) Report to Congress.--Section 1240B of the Food Security Act of \n1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the \nfollowing:\n ``(j) Annual Report to Congress.--Not less frequently than once \neach year, the Secretary shall submit to Congress a report describing--\n ``(1) the amount obligated under the program with respect \n to each category of practice, with information categorized by \n fiscal year and State; and\n ``(2) the amount obligated under the program in each State, \n with information categorized by fiscal year and the size of the \n operation of each producer.''.","summary":"EQIP Improvement Act of 2018 This bill amends the Food Security Act of 1985 to modify the Department of Agriculture (USDA) Environmental Quality Incentives Program (EQIP). The bill modifies EQIP to: reduce the maximum federal cost-share from 75 to 40 for specified practices, repeal the requirement for at least 60 of the funds made available for EQIP payments to be targeted at practices relating to livestock production, and reduce the five-year EQIP payment cap from $450,000 to $150,000. The bill also requires USDA to: (1) coordinate the program with the conservation effects assessments carried out by USDA, and (2) revise the guidance issued to states for allocating funds to require data regarding environmental concerns to be used as a primary factor to prioritize projects. USDA must prioritize EQIP applications that consist only of the performance of certain land management or vegetative practices that are a cost-effective means of addressing the most pressing impairments that threaten to degrade or impair water quality, water quantity, soil or related natural resources within a local watershed, or a specific natural resource boundary.","title":"EQIP Improvement Act of 2018","text_len":8348,"sum_len":1153} {"bill_id":"104_hr2278","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Import Control and Safe Handling of \nSpent Nuclear Fuel Act of 1995''.\n\nSEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL.\n\n No spent nuclear fuel may be imported into the United States \nunless--\n (1) the Congress by law has approved a repository or \n repositories with the capacity to store or dispose of all spent \n nuclear fuel generated by commercial nuclear reactors in the \n United States and from atomic energy defense activities;\n (2) the appropriate Federal agency or agencies have \n licensed such repository or repositories for the purpose \n described in paragraph (1); and\n (3) the repository or repositories are operating.\n\nSEC. 3. NATIONAL SECURITY EXCEPTIONS.\n\n (a) Proliferating Countries.--The prohibition contained in section \n2 shall not apply to imports of spent nuclear fuel from a country if--\n (1) the President determines that such country--\n (A) is not a country authorized to possess nuclear \n weapons under the Treaty on the Non-Proliferation of \n Nuclear Weapons; and\n (B) is known or suspected to be producing or \n developing nuclear weapons; and\n (2) the President so notifies the Permanent Select \n Committee on Intelligence of the House of Representatives and \n the Select Committee on Intelligence of the Senate at least 30 \n days in advance of the arrival of the imported fuel into the \n customs territory of the United States.\n (b) Samples.--The prohibition contained in section 2 shall not \napply to samples of spent nuclear fuel imported for testing and \nevaluation for national security purposes.\n\nSEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF \n CERTAIN MATERIAL.\n\n (a) In General.--Any port authority may--\n (1) through a public comment process, establish reasonable \n guidelines to ensure that the unloading, transfer, and shipment \n of spent nuclear fuel at or through a port under its \n jurisdiction is conducted in a manner that protects the public \n health and safety and the environment at, and in the vicinity \n of, such marine port; and\n (2) require that any such unloading, transfer, or shipment \n be in compliance with such guidelines.\n (b) Descriptions of Guidelines.--Guidelines which a port authority \nmay establish include, but are not limited to, the following:\n (1) Workers must be properly trained (to the satisfaction \n of any union representing such workers) in the handling of the \n spent nuclear fuel.\n (2) A comprehensive response plan covering spent nuclear \n fuel (including containment in case of fire, spill response, \n and other contingencies) must be in place before spent nuclear \n fuel can enter the port.\n (3) Local communities must be informed of the unloading, \n transfer, or shipment of the spent nuclear fuel, as well as \n possible consequences. The guidelines may include and, if \n requested by local communities in the immediate vicinity of the \n port over which the port authority has jurisdiction, or local \n communities through which spent nuclear fuel would pass when \n transported by rail or motor vehicle from the port, should \n include, reasonable standards for storage or parking of casks \n or transport vehicles carrying spent nuclear fuel and \n prohibitions against the movement of spent nuclear fuel from \n the port at certain times or under certain weather, traffic, or \n similar conditions that could increase the exposure of the \n public to radiation or increase the risk of an accident \n occurring during the movement of the spent nuclear fuel.\n (4) Radiation exposure levels for workers may not exceed \n standards for public exposure previously established by \n regulation.\n (c) Relation to Other Requirements.--(1) Subsection (a) shall apply \nonly to guidelines that are more protective of the public health and \nsafety and the environment than other applicable requirements \nestablished under Federal, State, or local law.\n (2) The existence or enforcement of any requirements under any \nFederal, State, or local law governing the unloading, transfer, or \nshipment of spent nuclear fuel shall not preclude or preempt the \nadoption or enforcement of guidelines established under subsection (a).\n\nSEC. 5. LIABILITY.\n\n Nothing in this Act shall affect the liability or indemnification \nof the port in the handling of nuclear materials.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) Atomic energy defense activity.--The term ``atomic \n energy defense activity'' means any activity of the Secretary \n of Energy performed in whole or in part in carrying out any of \n the following functions:\n (A) Naval reactors development.\n (B) Weapons activities including defense inertial \n confinement fusion.\n (C) Verification and control technology.\n (D) Defense nuclear materials production.\n (E) Defense nuclear waste and materials byproducts \n management.\n (F) Defense nuclear materials security and \n safeguards and security investigations.\n (G) Defense research and development.\n (2) Port authority.--The term ``port authority'' means any \n local, regional, State, or interstate authority having \n jurisdiction with respect to the operation of a port in the \n United States.\n (3) Repository.--The term ``repository'' has the meaning \n given such term by section 2(18) of the Nuclear Waste Policy \n Act of 1982 (42 U.S.C. 10101(18)).\n (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' \n has the meaning given such term by section 2(23) of the Nuclear \n Waste Policy Act of 1982 (42 U.S.C. 10101(23)).","summary":"Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995 - Prohibits the importation of spent nuclear fuel unless: (1) the Congress has approved a repository with storage or disposal capacity for all the spent nuclear fuel from commercial nuclear reactors and atomic energy defense activities. And (2) such repositories are federally licensed and operating. Exempts from such proscription: (1) samples of spent nuclear fuel imported for testing and evaluation for national security reasons. And (2) imports from countries not authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons, but which are known or suspected to be producing or developing nuclear weapons. Provides guidelines which a port authority may use to ensure the safe unloading, transfer, and shipment of spent nuclear fuel through its port.","title":"Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995","text_len":6262,"sum_len":859} {"bill_id":"110_hr6526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``8\/29 Investigation Team Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Hurricanes Katrina and Rita, which struck the Gulf \n Coast in 2005, caused almost $200,000,000,000 in total economic \n losses, including insured and uninsured losses;\n (2) while multiple reviews have been conducted to assess \n the failure of each flood detection system and related \n infrastructure since August 2005, Congress has yet to be \n informed of definitive recommendations or specific proposals \n for action;\n (3) to the extent the possibility of another significant \n flood protection system failure with the resulting devastation \n and damage exists, a proper technical and investigative review \n is needed; and\n (4) the most efficient and effective approach to assessing \n the failure of the flood protection system and subsequent \n devastation is--\n (A) to establish a bipartisan investigation team of \n experts to study--\n (i) the management, construction, and \n funding of levee, flood control, coastal \n reconstruction, and hurricane protection \n projects; and\n (ii) the means by which the Federal \n Government responds to catastrophic disasters \n and by which the Federal Government prepares \n and develops contingency plans and disaster \n preparations; and\n (B) to require the Investigation Team to timely \n report the recommendations of the Investigation Team to \n Congress so that Congress can quickly identify any \n outstanding issues and determine a solution to protect \n residents of the Gulf Coast in particular and the \n United States in general.\n\nSEC. 3. ESTABLISHMENT OF 8\/29 INVESTIGATION TEAM.\n\n There is established a bipartisan investigation team, to be known \nas the ``8\/29 Investigation Team'' (referred to in this Act as the \n``Investigation Team''), to examine--\n (1) the events beginning on August 29, 2005; and\n (2) each flood control and restoration project that has \n been carried out--\n (A) since August 29, 2005; and\n (B) in the Gulf Coast.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Composition.--The Investigation Team shall be composed of 12 \nmembers, appointed as follows:\n (1) 2 members appointed by the President;\n (2) 2 members appointed by the cochairpersons, in \n consultation with the ranking member, of the Committee on \n Environment and Public Works of the Senate;\n (3) 2 members appointed by the cochairpersons, in \n consultation with the ranking member, of the Committee on \n Homeland Security and Governmental Affairs of the Senate;\n (4) 2 members appointed by the cochairpersons, in \n consultation with the ranking member, of the Committee on \n Transportation and Infrastructure of the House of \n Representatives;\n (5) 2 members appointed by the cochairpersons, in \n consultation with the ranking member, of the Committee on \n Homeland Security of the House of Representatives; and\n (6) 2 members appointed by the Governor of the State of \n Louisiana, subject to confirmation by the Committee on \n Environment and Public Works of the Senate.\n (b) Cochairpersons.--\n (1) Election of cochairpersons.--The Investigation Team \n shall, by a majority of the members of the Investigation Team, \n elect 2 cochairpersons from the members of the Investigation \n Team.\n (2) Political affiliation.--Each cochairperson elected by \n the members of the Investigation Team under paragraph (1) shall \n be affiliated with a different political party.\n (c) Prohibition.--No elected official of the Federal Government \nshall serve as a member of the Investigation Team.\n (d) Sense of Congress Regarding Qualifications.--It is the sense of \nCongress that individuals appointed to the Investigation Team should \nbe--\n (1) prominent United States citizens; and\n (2) individuals who are nationally recognized for a \n significant depth of experience in professions such as--\n (A) governmental service;\n (B) engineering;\n (C) public works;\n (D) wetlands restoration;\n (E) public administration;\n (F) disaster planning and recovery; and\n (G) environmental planning.\n (e) Meetings; Quorum; Vacancies.--\n (1) Initial meeting.--\n (A) In general.--If, on the date that is 60 days \n after the date of enactment of this Act, not more than \n 6 members of the Investigation Team have been appointed \n under subsection (a), the members shall meet and, if \n necessary, select temporary cochairpersons, who may \n begin the operations of the Investigation Team, \n including the hiring of staff.\n (B) Review of actions.--Each action carried out by \n the Investigation Team under subparagraph (A) shall be \n reviewed by the Investigation Team as soon as \n practicable after the date on which the Investigation \n Team is comprised of not less than 7 members.\n (2) Subsequent meetings.--After the initial meeting, the \n Investigation Team shall meet at the call of each cochairperson \n or a majority of the members of the Investigation Team.\n (3) Quorum.--7 members of the Investigation Team shall \n constitute a quorum.\n (4) Vacancies.--A vacancy on the Investigation Team--\n (A) shall not affect the powers of the \n Investigation Team; and\n (B) shall be filled in the same manner as the \n original appointment was made.\n\nSEC. 5. DUTIES OF INVESTIGATION TEAM.\n\n The Investigation Team shall--\n (1) review findings and recommendations contained in all \n public and private studies conducted in the aftermath of the \n levee failures in the State of Louisiana on or after August 29, \n 2005, including--\n (A) the study entitled ``The Federal Response to \n Hurricane Katrina'' and dated February 2006;\n (B) the study entitled ``Performance Review of \n FEMA's Disaster Management Activities in Response to \n Hurricane Katrina'', numbered OIG-06-32, and dated \n March 2006;\n (C) the study entitled ``A Failure of Initiative: \n Final Report of the Select Bipartisan Committee to \n Investigate the Preparation for and Response to \n Hurricane Katrina'' (Report No. 109-377) and dated \n February 15, 2006;\n (D) the study entitled ``Hurricane Katrina: A \n Nation Still Unprepared'' (S. Rept. 109-322);\n (E) the study entitled ``Interagency Performance \n Evaluation Task Force Report'' and dated June 1, 2006;\n (F) the study entitled ``Prioritizing America's \n Water Resources'', published by the National \n Associations of Public Administrators, and dated \n February 2007;\n (G) the study entitled ``The failure of the New \n Orleans Levee System during Hurricane Katrina'', \n published by Team Louisiana, and dated February 2007; \n and\n (H) the study entitled ``Investigation of the \n Performance of the New Orleans Flood Protection Systems \n In Hurricane Katrina on August 29, 2005'', published by \n the Independent Levee Investigation Team, and dated \n July 31, 2006;\n (2) examine and review the ongoing exposure of the United \n States to the flood control system failures described in \n paragraph (1) and other potential future flood control system \n failures; and\n (3) submit to the President and Congress a report that \n contains recommendations for any necessary legislative or \n regulatory change that will--\n (A) improve the functioning of the Corps of \n Engineers to prevent a catastrophic flood control \n system failure;\n (B) ensure proper planning and review of the \n policies and procedures of Federal and State agencies \n to prevent such a failure in the future;\n (C) provide for environmental management and \n recovery during and after a disaster;\n (D) provide for the identification of each party at \n the Federal, State, and local levels that was \n responsible for each decision that helped cause the \n events of August 29, 2005; and\n (E) outline each proposal that is necessary to \n revise the management, planning, funding, and oversight \n of levee, coastal restoration, and flood control \n projects that are located in the disaster affected \n areas.\n\nSEC. 6. POWERS OF INVESTIGATION TEAM.\n\n (a) In General.--\n (1) Hearings and evidence.--In carrying out the duties of \n the Investigation Team under this Act, the Investigation Team, \n and any subcommittee or member acting under the authority of \n the Investigation Team, may--\n (A) hold such hearings and sit and act at such \n times and places, take such testimony, receive such \n evidence, and administer such oaths as the \n Investigation Team, subcommittee, or member, as \n applicable, determines to be appropriate; and\n (B) require, by subpoena or otherwise, the \n attendance and testimony of such witnesses and the \n production of such books, records, correspondence, \n memoranda, papers, and documents, as the Investigation \n Team, subcommittee, or member, as applicable, \n determines to be appropriate.\n (2) Subpoenas.--\n (A) In general.--A subpoena issued under paragraph \n (1)(B)--\n (i) may be issued under the signature of \n each cochairperson of the Investigation Team; \n and\n (ii) may be served by--\n (I) the chairperson of any \n subcommittee created by a majority of \n the members of the Investigation Team;\n (II) any member of the \n Investigation Team designated by a \n majority of the members of the \n Investigation Team; and\n (III) any person designated by each \n cochairperson of the Investigation \n Team.\n (B) Applicability of revised statutes.--Sections \n 102 through 104 of the Revised Statutes (2 U.S.C. 192 \n et seq.) shall apply in the case of a failure of any \n witness to comply with a subpoena or to testify when \n summoned under authority of this section.\n (b) Contracting.--The Investigation Team may, to such extent and in \nsuch amounts as are provided in appropriation Acts, enter into \ncontracts to enable the Investigation Team to carry out the duties of \nthe Investigation Team under this Act.\n (c) Information From Federal Agencies.--\n (1) In general.--The Investigation Team may secure directly \n from a Federal agency information the Investigation Team \n considers necessary to carry out this Act.\n (2) Provision of information.--On request of each \n cochairperson of the Investigation Team, the head of the agency \n shall provide the information to the Investigation Team.\n (d) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the Investigation Team, on a \n reimbursable basis, administrative support and other services \n to assist the Investigation Team in carrying out the duties of \n the Investigation Team under this Act.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed under paragraph (1), any other Federal \n department or agency may provide to the Investigation Team such \n services, funds, facilities, staff, and other support services \n as the head of the department or agency determines to be \n appropriate and in accordance with applicable law.\n (e) Postal Services.--The Investigation Team may use the United \nStates mails in the same manner and under the same conditions as other \nagencies of the Federal Government.\n (f) Gifts.--The Investigation Team may accept, use, and dispose of \ngifts or donations of services or property.\n\nSEC. 7. STAFF OF THE INVESTIGATION TEAM.\n\n (a) Staff.--\n (1) In general.--The cochairpersons of the Investigation \n Team may, without regard to the civil service laws (including \n regulations), appoint and terminate an executive director and \n other personnel as is necessary to enable the Investigation \n Team to perform the duties of the Investigation Team.\n (2) Confirmation of executive director.--The employment of \n an executive director shall be subject to confirmation by the \n Investigation Team.\n (3) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), the cochairpersons of the Investigation Team may \n fix the compensation of the executive director and \n other personnel without regard to the provisions of \n chapter 51 and subchapter III of chapter 53 of title 5, \n United States Code, relating to classification of \n positions and General Schedule pay rates.\n (B) Maximum rate of pay.--The rate of pay for the \n executive director and other personnel shall not exceed \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code.\n (b) Personnel as Federal Employees.--\n (1) In general.--The executive director and any personnel \n of the Investigation Team who are employees shall be employees \n under section 2105 of title 5, United States Code, for purposes \n of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.\n (2) Members of investigation team.--Paragraph (1) shall not \n apply to any member of the Investigation Team.\n (c) Detail of Federal Government Employees.--\n (1) In general.--An employee of the Federal Government may \n be detailed to the Investigation Team without reimbursement.\n (2) Civil service status.--The detail of the employee shall \n be without interruption or loss of civil service status or \n privilege.\n (d) Consultant Services.--The Investigation Team may procure the \nservices of any expert or consultant, in accordance with section 3109 \nof title 5, United States Code, at a rate not to exceed the daily rate \nof pay of an individual occupying a position at level IV of the \nExecutive Schedule under section 5315 of title 5, United States Code.\n\nSEC. 8. REPORT.\n\n Not later than 180 days after the date on which all members of the \nInvestigation Team are appointed under section 4(a), the Investigation \nTeam shall submit to the President and Congress a final report that \ncontains--\n (1) a detailed statement of the findings of the \n Investigation Team; and\n (2) any recommendations of the Investigation Team for \n legislative or administrative action that the Investigation \n Team considers appropriate.\n\nSEC. 9. TERMINATION.\n\n The Investigation Team shall terminate on the date that is 60 days \nafter the date on which the Investigation Team submits the final report \nunder section 8.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $5,000,000 to carry out this \nAct.","summary":"Investigation Team Act - Establishes a bipartisan 829 Investigation Team to examine: (1) the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita. And (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast. Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications. Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005. (2) review the ongoing US exposure to flood control system failures, and (3) report on necessary legislative or regulatory changes.","title":"To establish the 8\/29 Investigation Team to examine the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita, and for other purposes.","text_len":17284,"sum_len":776} {"bill_id":"114_hr4236","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Security Credit Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) United States households are experiencing significant \n levels of financial vulnerability, characterized by a lack of \n personal savings. The personal savings rate reached historic \n lows in the past decade, and a lack of personal savings was a \n major contributor to the recession of 2007-2009, and to the \n slow recovery of ensuing years.\n (2) Households continue to lack the savings or structures \n to meet short-term and long-term needs, as evidenced by the \n following:\n (A) According to the Employee Benefit Research \n Institute, among full-time, full-year wage and salary \n workers ages 21-64, only 54.5 percent participated in a \n retirement plan in 2013.\n (B) According to the Federal Deposit Insurance \n Corporation 2013 Survey of Unbanked and Underbanked \n Households, an estimated 7.7 percent of United States \n households are unbanked. These households do not have a \n checking or savings account. In total, 31.2 percent of \n households do not have a savings account.\n (C) According to the Pew Charitable Trusts, the \n majority of American households (55 percent) are \n savings-limited, meaning they can replace less than one \n month of their income through liquid savings.\n (3) Financial shocks are common and savings make households \n more resilient to financial shocks and more upwardly mobile, as \n evidenced by the following:\n (A) Substantial fluctuations in family income are \n the norm. In any given 2-year period, nearly half of \n households experience an income gain or drop of more \n than 25 percent, a rate of volatility that has been \n relatively constant since 1979.\n (B) Even small sums of savings, $2,000 or less, \n have been shown to significantly reduce the incidence \n of negative financial or material outcomes, such as \n foregoing adequate nutrition.\n (C) Children born to low-income, high-saving \n parents are much more likely (71 percent) to move up \n the economic ladder than children born to low-income, \n low-saving parents (50 percent) over a generation.\n (4) Emergency savings are necessary to protect retirement \n savings from early, penalized withdrawals and to support long-\n term retirement security.\n (5) Successful pilot programs administered through local \n Volunteer Income Tax Assistance sites in cities as diverse as \n Houston, Texas; Newark, New Jersey; New York City, New York; \n San Antonio, Texas; and Tulsa, Oklahoma, have shown that tax \n filers with low incomes can and will save when presented with \n the right incentive at the right moment and access to an \n account. The potential of increasing savings at tax time among \n low- and moderate-income households has been further validated \n by the low-touch, large-scale pilot Refund to Savings.\n (6) It is in the economic interests of the United States to \n promote savings among all members of society, regardless of \n income.\n\nSEC. 3. FINANCIAL SECURITY CREDIT.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 36B the following new section:\n\n``SEC. 36C. FINANCIAL SECURITY CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this subtitle for a taxable year an amount \nequal to the lesser of--\n ``(1) $500, or\n ``(2) 50 percent of the total amount deposited or \n contributed by the taxpayer in accordance with subsection \n (b)(1) into designated savings products during such taxable \n year.\n ``(b) Limitations.--\n ``(1) Credit must be deposited in or contributed to \n designated savings product.--No amount shall be allowed as a \n credit under subsection (a) for a taxable year unless the \n taxpayer designates on the taxpayer's return of tax for the \n taxable year that the amount of the credit for such taxable \n year be deposited in or contributed to one or more designated \n savings products of the taxpayer and the Secretary makes such \n deposits or contributions to the designated savings products.\n ``(2) Limitation based on adjusted gross income.--\n ``(A) In general.--The amount of the credit \n allowable under subsection (a) shall be reduced (but \n not below zero) by an amount which bears the same ratio \n to the amount of such credit (determined without regard \n to this paragraph) as--\n ``(i) the amount by which the taxpayer's \n adjusted gross income exceeds the threshold \n amount, bears to\n ``(ii) $15,000.\n ``(B) Threshold amount.--For purposes of \n subparagraph (A), the term `threshold amount' means--\n ``(i) $55,500 in the case of a joint \n return,\n ``(ii) $41,625 in the case of an individual \n who is not married, and\n ``(iii) 50 percent of the dollar amount in \n effect under clause (i) in the case of a \n married individual filing a separate return.\n For purposes of this subparagraph, marital status shall \n be determined under section 7703.\n ``(c) Designated Savings Product.--For purposes of this section, \nthe term `designated savings product' means any of the following:\n ``(1) A qualified retirement plan (as defined in section \n 4974(c)).\n ``(2) A qualified tuition program (as defined in section \n 529).\n ``(3) A Coverdell education savings account (as defined in \n section 530).\n ``(4) A United States savings bond.\n ``(5) A certificate of deposit (or similar class of \n deposit) with a duration of at least 8 months.\n ``(6) A savings account.\n ``(7) Any other type of savings product considered to be \n appropriate by the Secretary for the purposes of this section.\n ``(d) Special Rules.--\n ``(1) Tax refunds treated as deposited or contributed in \n current taxable year.--For purposes of subsection (a)(2), the \n amount of any overpayment of taxes refunded to the taxpayer \n (reduced by any amount attributable to the credit allowed under \n this section by reason of being considered as an overpayment by \n section 6401(b)) and designated for deposit in or contribution \n to a designated savings product of the taxpayer shall be \n treated as an amount deposited or contributed in the taxable \n year in which so deposited or contributed.\n ``(2) Maintenance of deposit.--No contribution or deposit \n shall be taken into account under subsection (a) unless such \n contribution or deposit remains in the designated savings \n product for not less than 8 continuous months.\n ``(3) Reduction in deposits in designated savings \n products.--\n ``(A) In general.--The amount of deposits or \n contributions taken into account under subsection (a) \n shall be reduced (but not below zero) by the aggregate \n amount of distributions (other than interest from \n designated savings products specified in paragraphs \n (4), (5), (6), and (7) of subsection (c)) from all \n designated savings products of the taxpayer during the \n testing period. The preceding sentence shall not apply \n to the portion of any distribution which is not \n includible in gross income by reason of a trustee-to-\n trustee transfer or a rollover distribution.\n ``(B) Testing period.--For purposes of subparagraph \n (A), the testing period, with respect to a taxable \n year, is the period which includes--\n ``(i) such taxable year,\n ``(ii) the 2 preceding taxable years, and\n ``(iii) the period after such taxable year \n and before the due date (including extensions) \n for filing the return of tax for such taxable \n year.\n ``(C) Other rules.--Rules similar to subparagraphs \n (C) and (D) of section 25B(d)(2) shall apply for \n purposes of this paragraph.\n ``(4) Denial of double benefit.--No credit shall be allowed \n under section 25B with respect to any deposit for which a \n credit is allowed under this section.\n ``(5) Coordination with other refundable credits.--The \n credit allowed by subsection (a) shall be taken into account \n after taking into account the credits allowed by (or treated as \n allowed by) this subpart (other than this section).\n ``(e) Inflation Adjustments.--\n ``(1) Credit limit.--In the case of any taxable year \n beginning in a calendar year after 2016, the dollar amount in \n subsection (a)(1) shall be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2015' for `calendar year 1992' in \n subparagraph (B) thereof.\n ``(2) AGI thresholds.--In the case of any taxable year \n beginning in a calendar year after 2016, each of the dollar \n amounts in clauses (i) and (ii) of subsection (b)(2)(B) shall \n be increased by an amount equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2015' for `calendar year 1992' in \n subparagraph (B) thereof.\n ``(3) Rounding.--\n ``(A) Credit limit.--If any increase under \n paragraph (1) is not a multiple of $10, such increase \n shall be rounded to the next lowest multiple of $10.\n ``(B) AGI thresholds.--If any increase under \n paragraph (1) is not a multiple of $100, such increase \n shall be rounded to the next lowest multiple of $100.\n ``(f) Regulations.--Not later than 12 months from date of enactment \nof this section, the Secretary shall issue such regulations or other \nguidance as the Secretary determines necessary or appropriate to carry \nout this section, including regulations or guidance--\n ``(1) to ensure that designated savings products are \n subject to appropriate reporting requirements, including the \n reporting of contributions and other deposits during the \n calendar year, end of calendar year account balances, and \n earnings from designated savings products specified in \n paragraphs (4), (5), (6), and (7) of subsection (c),\n ``(2) to carry out the maintenance of deposit provisions \n under subsection (d)(2), and\n ``(3) to prevent avoidance of the purposes of this \n subsection.''.\n (b) Conforming Amendments.--\n (1) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``36C,'' after ``36B,''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 36C \n the following new item:\n\n``Sec. 36C. Financial security credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2015.\n\nSEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE \n SAVINGS.\n\n (a) Notification of Option.--\n (1) In general.--The Commissioner of Internal Revenue shall \n notify individuals who may qualify for a credit under section \n 36C of the Internal Revenue Code of 1986 but fail to provide \n sufficient information to allow the Secretary to deposit or \n contribute the credit amount to a designated savings product \n that they have the option of an electronic direct deposit and \n that they may be eligible for the financial security credit \n under section 36C of such Code if they deposit a refund or a \n portion of their refund in any designated savings product.\n (2) Method of notification.--The notification under \n paragraph (1) shall be made through--\n (A) a public awareness program undertaken by the \n Secretary of the Treasury, in concert with the \n Commissioner of Internal Revenue and others as \n necessary, beginning not later than 6 months after the \n date of the enactment of this Act;\n (B) tax return preparers and low-income taxpayer \n clinics; and\n (C) the inclusion of such a notice in the \n instruction material for any Federal income tax return.\n (b) Establishment of Designated Account Program.--The Secretary of \nthe Treasury shall develop, in consultation with the Federal Management \nSystem, a program to minimize the delivery of non-electronic Federal \nincome tax refunds by depositing refunds electronically to a safe, low-\ncost account held by a depository institution. This program shall \ninclude--\n (1) provisions for such tax refunds to be deposited into a \n designated account;\n (2) establishment of account parameters with respect to \n minimum balance requirements, limitations on overdrafts, \n overdraft fees, other fees, and additional requirements;\n (3) establishment of means for the taxpayer to access the \n account electronically and to have timely, direct access to the \n funds in the account; and\n (4) provisions to allow taxpayers to open an account with \n their Federal income tax refunds through financial service \n providers, so long such account is held at a depository \n institution insured under the Federal Deposit Insurance Act or \n a credit union insured under the Federal Credit Union Act.\n (c) Effective Date.--The notification under subsection (a) and the \nprogram under subsection (b) shall be effective with respect to Federal \nincome tax returns for taxable years beginning after December 31, 2015.","summary":"Financial Security Credit Act of 2015 This bill amends the Internal Revenue Code to allow an income-based tax credit equal to the lesser of $500 or 50 of the total amount deposited or contributed into designated savings products in a taxable year . A designated savings product is a qualified retirement plan, a qualified tuition plan, a Coverdell education savings account, a US savings bond, a certificate of deposit with a duration of at least eight months, a savings account, or other savings product considered appropriate by thenbsp, Departmentnbsp. Of the Treasury. The Internal Revenue Service must notify individual taxpayers who may qualify for a financial security credit that they have the option of an electronic direct deposit if they deposit any portion of their tax refund into a designated savings product.","title":"Financial Security Credit Act of 2015","text_len":15799,"sum_len":823} {"bill_id":"111_s431","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Recovery Adjustment Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the deterioration of financial firms in 2008 and the \n resulting crisis of confidence in the financial markets have \n required broad intervention by the Federal Government in the \n financial sector;\n (2) the Emergency Economic Stabilization Act of 2008, \n signed by President Bush on October 3, 2008, included a \n $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') \n for the express purpose of ``providing stability to and \n preventing disruption in the economy and financial system'';\n (3) the investment and commercial banks and other financial \n institutions that have received taxpayer-funded bailouts \n perform public functions supporting the operation of the \n economy, in addition to their private profit-making functions;\n (4) reports of billions of dollars in compensation and \n obligations to executives have eroded public confidence in the \n TARP, and have caused increasing opposition to other bailout \n proposals, thereby impeding the Government's ability to address \n the financial crisis;\n (5) participation in the TARP and any other Federal \n Government bailout program should be conditioned on a fair \n restructuring of executive compensation obligations;\n (6) taxpayer dollars should not support unreasonable \n compensation to executives, particularly when in the absence of \n taxpayer support, such compensation would be reduced as part of \n a bankruptcy restructuring or liquidation; and\n (7) establishing a due process forum will allow the \n Government to ensure that executive compensation relying on \n taxpayer funds is fair and reasonable, and that all sides enjoy \n an opportunity to be heard.\n\nSEC. 3. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Assisted entity.--The term ``assisted entity'' means \n any recipient or applicant for assistance under the TARP.\n (2) Panel.--The term ``Panel'' means the Temporary Economic \n Recovery Oversight Panel established under section 7.\n (3) Executive compensation.--The term ``executive \n compensation'' means wages, salary, deferred compensation, \n benefits, retirement arrangements, options, bonuses, office \n fixtures, goods, or other property, travel, or entertainment, \n vacation expenses, and any other form of compensation, \n obligation, or expense that is not routinely provided to all \n other employees of the assisted entity.\n (4) Office.--The term ``Office'' means the Office of the \n Taxpayer Advocate, established under section 4.\n (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the \n Troubled Asset Relief Program established under section 101 of \n the Emergency Economic Stabilization Act of 2008 and funds \n received thereunder, respectively, or pursuant to any successor \n program.\n (6) Secretary.--The term ``Secretary'' means Secretary of \n the Treasury.\n\nSEC. 4. TAXPAYER ADVOCATE.\n\n (a) Establishment.--There is established within the Department of \nJustice, the Office of the Taxpayer Advocate.\n (b) Advocate.--The Office shall be headed by an Advocate, to be \nappointed by the Attorney General of the United States for such \npurpose.\n (c) Duties.--The Advocate is authorized to conduct ongoing audits \nand oversight of the recipients of TARP funds with respect to \ncompensation of the officers and directors of such entities.\n (d) Access to Records.--\n (1) In general.--To the extent otherwise consistent with \n law, the Advocate and the Office shall have access, upon \n request, to any information, data, schedules, books, accounts, \n financial records, reports, files, electronic communications, \n or other papers, things, or property belonging to or in use by \n the assisted entity and to the officers, directors, employees, \n independent public accountants, financial advisors, and other \n agents and representatives thereof (as related to the agent or \n representative's activities on behalf of or under the authority \n of the assisted entity) at such reasonable time as Office may \n request.\n (2) Copies.--The Advocate may make and retain copies of \n such books, accounts, and other records as the Advocate deems \n appropriate for the purposes of this Act.\n (e) Reporting.--The Advocate shall submit quarterly reports of \nfindings under this Act to the appropriate committees of Congress, the \nSecretary and the Special Inspector General for the TARP established \nunder the Emergency Economic Stabilization Act of 2008 on the \nactivities and performance of the Office.\n (f) Audits.--The Office is authorized to conduct an audit of any \nassisted entity for purposes of this Act.\n\nSEC. 5. POWERS OF THE OFFICE.\n\n (a) Investigations and Evidence.--The Office may, for purposes of \ncarrying out this Act--\n (1) take depositions or other testimony, receive evidence, \n and administer oaths; and\n (2) require, by subpoena or otherwise, the attendance and \n testimony of witnesses and the production of books, records, \n correspondence, memoranda, papers, and documents.\n (b) Subpoenas.--\n (1) Service.--Subpoenas issued under subsection (a)(2) may \n be served by any person designated by the Office.\n (2) Enforcement.--\n (A) In general.--In the case of contumacy or \n failure to obey a subpoena issued under subsection \n (a)(2), the United States district court for the \n judicial district in which the subpoenaed person \n resides, is served, or may be found, or where the \n subpoena is returnable, may issue an order requiring \n such person to appear at any designated place to \n testify or to produce documentary or other evidence. \n Any failure to obey the order of the court may be \n punished by the court as a contempt of that court.\n (B) Additional enforcement.--Sections 102 through \n 104 of the Revised Statutes of the United States (2 \n U.S.C. 192 through 194) shall apply in the case of any \n failure of any witness to comply with any subpoena or \n to testify when summoned under the authority of this \n section.\n (c) Information From Federal Agencies.--The Office may secure \ndirectly from any department, agency, or instrumentality of the United \nStates any information related to any inquiry of the Office conducted \nunder this Act. Each such department, agency, or instrumentality shall, \nto the extent authorized by law, furnish such information directly to \nthe Office, upon request.\n\nSEC. 6. EXECUTIVE COMPENSATION AUTHORITY.\n\n (a) Negotiated Reductions Authorized.--The Advocate is authorized \nto assist the Secretary in the negotiation of assistance under the \nTARP, in order to assure that fair and reasonable executive \ncompensation is paid by entities receiving TARP funds, and to defend \nany such agreements in the event of any challenge to the adjustments to \ncompensation obligations. If, after an audit authorized by this Act, \nthe Advocate finds reason to believe that any assisted entity would \nhave become insolvent if not for the receipt of assistance under the \nTARP, the Advocate shall negotiate a reduction in the executive \ncompensation obligations of the assisted entity as a condition of the \ncontinuing use or future receipt of such TARP assistance.\n (b) Form.--Negotiated reductions in compensation under subsection \n(a)--\n (1) may include vested deferred compensation; and\n (2) shall be in an amount that is fair and reasonable in \n light of the taxpayers' assistance, but not less than the \n estimated value of the compensation obligations that would face \n the estate or debtor-in-possession if the TARP funds had not \n been granted and the entity had filed for bankruptcy \n protection.\n (c) Certification to Adjustment Panel.--The Advocate shall certify \nthe findings of the Office under this section to the Panel.\n\nSEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL.\n\n (a) Establishment.--There is established the Temporary Economic \nRecovery Oversight Panel.\n (b) Makeup of Panel.--The Panel shall be comprised of 5 members, \nappointed by the President for such purpose from among United States \nbankruptcy court judges. The Secretary shall provide for appropriate \nspace and staff to support the functioning of the Panel.\n (c) Duties.--The Panel shall--\n (1) promptly evaluate each proposed settlement reached \n under section 6;\n (2) approve or deny such proposed settlement; and\n (3) if no settlement is reached under section 6, upon \n petition of the Advocate or any individual subject to the \n actions of the Advocate under section 6, issue an order \n establishing an executive compensation program for such \n individuals in accordance with this section.\n (d) Notice and Hearing Required.--The Advocate shall provide \nadequate notice to all affected persons of its intention to seek an \norder from the Panel in accordance with this section, and the Panel \nshall hold an evidentiary hearing on any proposed settlement or \npetition of the Advocate.\n (e) Standing.--Under any proceeding before the Panel, any \nindividual whose compensation might be adversely affected by Panel \naction shall be a party in interest, having full procedural rights, \nincluding the right to challenge a settlement between the assisted \nentity and the Advocate, to challenge the certified findings of the \nAdvocate, or to appeal any order of the Panel.\n (f) Appeals.--The Advocate and any party having standing before the \nPanel shall have the right to appeal an order under this Act directly \nto the United States Court of Appeals for the District of Columbia \nCircuit.\n (g) Effective Period.--Any order of the Panel setting forth a \nreduction in compensation shall be effective 6 months after \nconfirmation, and shall remain in effect while any obligation arising \nfrom assistance provided under the TARP remains outstanding.","summary":"Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds. And (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations. States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation. And (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection. Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement. Or (2) upon petition of the Advocate , issue an order establishing an executive compensation program if no settlement is reached.","title":"A bill to establish the Temporary Economic Recovery Adjustment Panel to curb excessive executive compensation at firms receiving emergency economic assistance.","text_len":10747,"sum_len":1540} {"bill_id":"108_hr3503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civilian Volunteer Service Reserve \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The changing threats and issues that face the Nation \n require a new and innovative approach to mobilizing the \n citizenry in times of need.\n (2) The Civilian Volunteer Service Reserve program offers a \n flexible approach to the needs of specific crises, such as \n natural disasters, incidents of terrorism, or other emergencies \n at home or abroad.\n (3) Citizenship entails responsibilities as well as rights. \n The Civilian Volunteer Service Reserve program will challenge \n all Americans to sacrifice for their country.\n (4) The Civilian Volunteer Service Reserve program will \n make it possible to draw on the vast array of skills and the \n ingenuity of ordinary Americans in times of need.\n\nSEC. 3. ESTABLISHMENT.\n\n The Secretary of Homeland Security shall establish the Civilian \nVolunteer Service Reserve (referred to in this Act as the ``Civilian \nReserve''), a national volunteer service corps ready for service in \nresponse to domestic or international emergencies, or other \ncircumstances determined by the President pursuant to section 6.\n\nSEC. 4. GENERAL AUTHORITY.\n\n The Secretary of Homeland Security shall appoint a Director and \nsuch other officers as the Secretary considers appropriate to organize \nand administer the Civilian Reserve program consistent with the \nprovisions of this Act. The Secretary is authorized to promulgate \nregulations necessary to carry out this Act.\n\nSEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION.\n\n (a) Eligibility.--All citizens and legal residents of the United \nStates over the age of 18 shall be eligible to serve in the Civilian \nReserve.\n (b) Commitment.--Individuals who volunteer with the Civilian \nReserve shall be enrolled for a 5-year period, and shall be expected \nduring such period to serve in full-time active duty status for a total \nperiod of 6 months, when called to such service under section 6. There \nshall be no limit to the number of 5-year periods of service that an \nindividual may register to serve.\n (c) Registration.--Registration for the Civilian Reserve shall be \nadministered in a manner determined by the Secretary of Homeland \nSecurity. At minimum, such registration shall include--\n (1) the applicant's name, address, telephone number, Social \n Security number, and E-mail address;\n (2) the applicant's occupation, areas of study, and skills; \n and\n (3) the applicant's preference for local, national, or \n international service.\n\nSEC. 6. MOBILIZATION.\n\n (a) Mobilization.--\n (1) In general.--The President shall have the authority to \n issue a voluntary call to action by issuing an executive order \n to mobilize certain members of the Civilian Reserve to full-\n time active duty status for a period not exceeding 6 months, in \n order to meet the pressing needs of the Nation in times of \n emergency, as determined by the President in consultation with \n the Secretary of Homeland Security.\n (2) Considerations.--In selecting members of the Civilian \n Reserve to call to action pursuant to paragraph (1), the \n President shall consider the relevant skills required by the \n emergency, the geographic location of the volunteers, and the \n logistics of such a mobilization.\n (3) Methodology of call to action.--To the extent \n practicable, for a voluntary call to action issued under \n paragraph (1), members of the Civilian Reserve shall be \n contacted via telephone, E-mail, and mail service.\n (b) Voluntary Acceptance of Call to Action.--Members of the \nCivilian Reserve may choose to accept a call to action issued pursuant \nto subsection (a)(1) and enter full-time active duty status for the \nperiod specified in such call to action, not exceeding 6 months. \nMembers of the Civilian Reserve may also decline such a call to action, \nso long as such members remain committed to serving in full-time active \nduty status for some period or periods, not to exceed a total of 6 \nmonths, during their 5-year enrollment.\n (c) Mandatory Service.--The President may, under extreme \ncircumstances, issue a mandatory mobilization of members of the \nCivilian Reserve, requiring such members to begin full-time active duty \nservice for a period not exceeding 6 months. Such mobilization may \napply to any members of the Civilian Reserve notwithstanding whether \nsuch members have fulfilled their expected 6-month period of service \ndescribed in section 5(b) prior to such mandatory mobilization. \nExemptions from such mandatory service shall be made for hardship due \nto family or other circumstances, upon appeal by an individual member \nof the Civilian Reserve.\n\nSEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS.\n\n (a) In General.--Members of the Civilian Reserve serving in full-\ntime active duty status shall work side-by-side with officers and \nagencies of the Federal, State, and local governments, non-profit and \nnon-governmental organizations, supplementing but not supplanting \nexisting systems for responding to emergencies and other pressing \nneeds.\n (b) Transportation and Accommodations.--The Civilian Reserve \nprogram shall provide members serving in full-time active duty status \nwith any necessary transportation and accommodations in order to \nfacilitate such service.\n (c) Stipend.--Members of the Civilian Reserve serving in full-time \nactive duty status shall receive a stipend in order to pay for \nnecessary cost of living expenses, for such period of full-time active \nduty status. The amount of the stipend shall be determined by the \nSecretary of Homeland Security.\n (d) Health Insurance.--Members of the Civilian Reserve serving in \nfull-time active duty status shall be eligible for health insurance \nunder a program to be established, by regulation, by the Secretary of \nHomeland Security.\n (e) Reemployment Protection.--The Secretary of Homeland Security \nshall promulgate regulations to provide reemployment protection and \nother benefits for members of the Civilian Reserve who complete a \nperiod of full-time active duty service.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nHomeland Security such sums as may be necessary for fiscal years 2005 \nthrough 2009 to carry out this Act.","summary":"Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. Permits a US citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. Prescribes benefits and reemployment protection for members serving in full-time active duty status.","title":"To establish a national Civilian Volunteer Service Reserve program, a national volunteer service corps ready for service in response to domestic or international emergencies.","text_len":6638,"sum_len":870} {"bill_id":"114_s2337","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Visa Waiver Program Security \nEnhancement Act''.\n\nSEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, \n OR CERTAIN OTHER DESTINATIONS.\n\n Section 217(a) of the Immigration and Nationality Act (8 U.S.C. \n1187(a)) is amended by adding at the end the following:\n ``(12) Visa required for aliens who have recently traveled \n to iraq or syria.--\n ``(A) In general.--A national of a program country \n is ineligible to travel to the United States under the \n program if the national has traveled to Iraq or to \n Syria at any time during the most recent 5-year period.\n ``(B) Other travel restrictions.--The Secretary of \n Homeland Security may prohibit a national of a program \n country from traveling to the United States under the \n program if the Secretary determines that such national \n has traveled during the past 5 years to a country in \n which--\n ``(i) a designated foreign terrorist \n organization has a significant presence; and\n ``(ii) prohibiting such national from \n traveling to the United States under the \n program is in the national security interests \n of the United States.\n ``(C) Rule of construction.--Nothing in this \n paragraph may be construed to otherwise limit the \n authority of the Secretary of Homeland Security.''.\n\nSEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM.\n\n (a) Requiring the Universal Use of Electronic Passports for \nParticipating Visa Waiver Program Countries.--\n (1) In general.--Section 217 of the Immigration and \n Nationality Act (8 U.S.C. 1187) is amended--\n (A) in subsection (a), by amending paragraph (3) to \n read as follows:\n ``(3) Machine-readable, electronic passport.--The alien, at \n the time of application for admission, is in possession of a \n valid, unexpired, tamper-resistant, machine-readable passport \n that incorporates biometric and document authentication \n identifiers that comply with the applicable biometric and \n document identifying standards established by the International \n Civil Aviation Organization.''; and\n (B) in subsection (c)(2), by amending subparagraph \n (B) to read as follows:\n ``(B) Machine-readable, electronic passport \n program.--The government of the country certifies that \n it issues to its citizens machine-readable, electronic \n passports that comply with the requirements set forth \n in subsection (a)(3).''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall take effect on the date that is 90 days after the date of \n the enactment of this Act.\n (3) Certification requirement.--Section 303(c) of the \n Enhanced Border Security and Visa Entry Reform Act of 2002 (8 \n U.S.C. 1732(c)) is amended--\n (A) in paragraph (1), by striking ``Not later than \n October 26, 2005, the'' and inserting ``The''; and\n (B) by amending paragraph (2) to read as follows:\n ``(2) Use of technology standard.--Any alien applying for \n admission under the Visa Waiver Program established under \n section 217 of the Immigration and Nationality Act (8 U.S.C. \n 1187) shall present a passport that meets the requirements \n described in paragraph (1).''.\n\nSEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM \n COUNTRIES.\n\n (a) Required Information Sharing for Visa Waiver Program \nCountries.--\n (1) Information sharing agreements.--\n (A) Full implementation.--Section 217(c)(2)(F) of \n the Immigration and Nationality Act (8 U.S.C. \n 1187(c)(2)(F)) is amended by inserting ``, and fully \n implements within the time frame determined by the \n Secretary of Homeland Security,'' after ``country \n enters into''.\n (B) Federal air marshal agreement.--Section 217(c) \n of such Act, as amended by subparagraph (A), is further \n amended--\n (i) in paragraph (2), by adding at the end \n the following:\n ``(G) Federal air marshal agreement.--The \n government of the country enters into, and complies \n with, an agreement with the United States to assist in \n the operation of an effective Air Marshal Program.\n ``(H) Aviation standards.--The government of the \n country complies with United States aviation and \n airport security standards, as determined by the \n Secretary of Homeland Security.''; and\n (ii) in paragraph (9)--\n (I) by striking subparagraph (B); \n and\n (II) by redesignating subparagraphs \n (C) and (D) as subparagraphs (B) and \n (C), respectively.\n (C) Failure to fully implement information sharing \n agreement.--Section 217(c)(5) of such Act (8 U.S.C. \n 1187(c)(5)) is amended--\n (i) by redesignating subparagraph (C) as \n subparagraph (D); and\n (ii) by inserting after subparagraph (B) \n the following:\n ``(C) Failure to fully implement information \n sharing agreement.--\n ``(i) Determination.--If the Secretary of \n Homeland Security, in consultation with the \n Secretary of State, determines that the \n government of a program country has failed to \n fully implement the agreements set forth in \n paragraph (2)(F), the country shall be \n terminated as a program country.\n ``(ii) Redesignation.--Not sooner than 90 \n days after the Secretary of Homeland Security, \n in consultation with the Secretary of State, \n determines that a country that has been \n terminated as a program country pursuant to \n clause (i) is now in compliance with the \n requirement set forth in paragraph (2)(F), the \n Secretary of Homeland Security may redesignate \n such country as a program country.''.\n (2) Advance passenger information earlier than 1 hour \n before arrival.--\n (A) In general.--Section 217(a)(10) of such Act (8 \n U.S.C. 1187(a)(10)) is amended by striking ``not less \n than one hour prior to arrival'' and inserting ``as \n soon as practicable, but not later than 1 hour before \n arriving''.\n (B) Technical amendment.--Section 217(c)(3) of such \n Act is amended, in the matter preceding subparagraph \n (A), by striking ``the initial period'' and inserting \n ``fiscal year 1989''.\n (b) Factors the Department of Homeland Security Shall Consider for \nVisa Waiver Countries.--\n (1) Consideration of country's capacity to identify \n dangerous individuals.--Section 217(c)(4) of the Immigration \n and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read \n as follows:\n ``(4) Required security considerations for program \n designation and continuation.--In determining whether a country \n should be designated as a program country or whether a program \n country should retain its designation as a program country, the \n Secretary of Homeland Security shall consider the following:\n ``(A) Capacity to collect, analyze, and share data \n concerning dangerous individuals.--Whether the \n government of the country--\n ``(i) collects and analyzes the information \n described in subsection (a)(10), including \n advance passenger information and passenger \n name records, and similar information \n pertaining to flights not bound for the United \n States, to identify potentially dangerous \n individuals who may attempt to travel to the \n United States; and\n ``(ii) shares such information and the \n results of such analyses with the Government of \n the United States.\n ``(B) Screening of traveler passports.--Whether the \n government of the country--\n ``(i) regularly screens passports of air \n travelers against INTERPOL's global database of \n Stolen and Lost Travel Documents before \n allowing such travelers to enter or board a \n flight arriving in or departing from that \n country, including a flight destined for the \n United States; and\n ``(ii) regularly and promptly shares \n information concerning lost or stolen travel \n documents with INTERPOL.\n ``(C) Biometric exchanges.--Whether the government \n of the country, in addition to meeting the mandatory \n qualifications set forth in paragraph (2)--\n ``(i) collects and analyzes biometric and \n other information about individuals other than \n United States nationals who are applying for \n asylum, refugee status, or another form of non-\n refoulment protection in such country; and\n ``(ii) shares the information and the \n results of such analyses with the Government of \n the United States.\n ``(D) Information sharing about foreign terrorist \n fighters.--Whether the government of the country shares \n intelligence about foreign fighters with the United \n States and with multilateral organizations, such as \n INTERPOL and EUROPOL.''.\n (2) Failure to report stolen passports.--Section 217(f)(5) \n of such Act is amended by inserting ``frequently and promptly'' \n before ``reporting the theft''.\n\nSEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY.\n\n (a) In General.--Section 217(a) of the Immigration and Nationality \nAct (8 U.S.C. 1187(a)), as amended by section 2, is further amended by \nadding at the end the following:\n ``(13) Submission of biometric information.--The Secretary \n of Homeland Security shall ensure that each alien traveling to \n the United States under an approved Electronic System for \n Travel Authorization has submitted biometric information, \n including photographs and fingerprints, before boarding a \n conveyance bound for the United States.''.\n (b) Implementation of Biometric Submission.--\n (1) Prioritization.--The Secretary of Homeland Security, in \n consultation with the Secretary of State, shall prioritize the \n implementation of the requirements under section 217(a)(13) of \n the Immigration and Nationality Act, as added by subsection \n (a), in Visa Waiver Program countries that have a significant \n number of nationals who have traveled to fight with, or to \n assist, the group known as the Islamic State of Iraq and the \n Levant (ISIL).\n (2) Effective date.--The requirements referred to in \n paragraph (1) shall take effect for all Visa Waiver Program \n countries not later than 1 year after the date of the enactment \n of this Act, except that the Secretary of Homeland Security may \n extend the effective date for additional periods of 6 months \n (not to exceed a total of 24 months) for particular countries \n if the Secretary determines that an extension for such a \n country does not present a significant risk to the national \n security of the United States.\n (3) Inclusion of biometric information.--Not later than 5 \n years after the date of the enactment of this Act, the \n Secretary of Homeland Security shall ensure that the \n information submitted under section 217(a)(13) of the \n Immigration and Nationality Act includes photographs and \n fingerprints.\n (4) Compliance.--The Secretary of Homeland Security may \n determine that a Visa Waiver Program country is in compliance \n with section 217(a)(13) of the Immigration and Nationality Act, \n as added by subsection (a), if the country signs and implements \n an agreement--\n (A) to collect biometric information from each \n individual seeking to travel to the United States \n through the Visa Waiver Program and to share such \n information with the United States;\n (B) to compare the biometric information described \n in subparagraph (A) against the information, including \n the biometric information, on the prospective \n traveler's machine readable, electronic passport, \n before the prospective traveler boards a conveyance \n bound for the United States; and\n (C) to inform the Department of Homeland Security \n of--\n (i) the results of the comparison described \n in subparagraph (B) before the prospective \n traveler boards a conveyance bound for the \n United States, and\n (ii) any other information indicating that \n the prospective traveler may pose a threat to \n the United States.\n\nSEC. 6. VISA WAIVER PROGRAM ADMINISTRATION.\n\n Section 217(h)(3)(B) of the Immigration and Nationality Act (8 \nU.S.C. 1187(h)(3)(B)) is amended--\n (1) in clause (i), by amending subclause (II) to read as \n follows:\n ``(II) an amount to ensure recovery \n of the full costs of providing and \n administering the System and \n implementing the improvements to the \n program provided in the Visa Waiver \n Program Security Enhancement Act.''; \n and\n (2) by amending clause (ii) to read as follows:\n ``(ii) Disposition of amounts collected.--\n Amounts collected under clause (i)(I) shall be \n credited to the Travel Promotion Fund \n established under subsection (d) of the Trade \n Promotion Act of 2009 (22 U.S.C. 2131(d)). \n Amounts collected under clause (i)(II) shall be \n transferred to the general fund of the Treasury \n and made available to pay the costs incurred to \n administer the System and the improvements made \n by the Visa Waiver Program Security Enhancement \n Act. The portion of the fee collected under \n clause (i)(II) to recover the costs of \n implementing such improvements may only be used \n for that purpose.''.","summary":"Visa Waiver Program Security Enhancement Act This bill amends the Immigration and Nationality Act regarding the visa waiver program to prohibit a national of a program country who has traveled to Iraq or Syria at any time during the most recent five-year period from traveling to the United States without a visa. The Department of Homeland Security (DHS) may prohibit a national of a program country from traveling to the United States under the program if the national has traveled during the past five years to a country in which: (1) a designated foreign terrorist organization has a significant presence, and (2) prohibiting the national from traveling to the United States under the program is in US national security interests. An alien must, at the time of application for program admission, have a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with standards of the International Civil Aviation Organization. Any alien applying for program admission must have a passport that meets these requirements. A program country must: (1) enter into and comply with an agreement with the United States to assist in the operation of an air marshal program, and (2) comply with US aviation and airport security standards. A country that does not fully implement information sharing agreements shall be terminated from the program. In determining whether to designate a country as a program country or whether a program country should retain its designation DHS shall consider: the country's capacity to collect, analyze, and share data concerning dangerous individuals. The country's screening and sharing of lost or stolen passport information. Whether the country collects, analyzes, and shares biometric and other information about individuals other than US nationals who are applying for asylum, refugee status, or another form of non-refoulement protection in such country. And whether a country shares intelligence about foreign fighters with the United States and with multilateral organizations. DHS shall: ensure that each alien traveling to the United States under an approved electronic system for travel authorization has submitted biometric information, including photographs and fingerprints, before boarding a US-bound conveyance. Prioritize implementation of these biometric requirements in program countries that have a significant number of nationals who have traveled to fight with, or to assist, the Islamic State of Iraq and the Levant (ISIL). And ensure within five years that such biometric information includes photographs and fingerprints. DHS may determine that a program country is in compliance with such biometric requirements if the country implements an agreement meeting specified criteria. Program fee provisions are revised.","title":"Visa Waiver Program Security Enhancement Act","text_len":16769,"sum_len":2852} {"bill_id":"111_s2927","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wall Street Fair Share Act''.\n\nSEC. 2. TRANSACTION TAX.\n\n (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is \namended by inserting after subchapter B the following new subchapter:\n\n ``Subchapter C--Tax on Securities Transactions\n\n``Sec. 4475. Tax on securities transactions.\n\n``SEC. 4475. TAX ON SECURITIES TRANSACTIONS.\n\n ``(a) Imposition of Tax.--There is hereby imposed a tax on each \ncovered transaction with respect to any security.\n ``(b) Rate of Tax.--\n ``(1) Security.--\n ``(A) In general.--Except as otherwise provided in \n this subsection, the rate of such tax shall be equal to \n 0.25 percent of the fair market value of the security.\n ``(B) Derivatives.--In the case of a security \n described in subsection (d)(1)(D), the rate of such tax \n shall be equal to 0.25 percent of the fair market value \n of the underlying property with respect to, or the \n notional principal amount of, the derivative financial \n instrument involved in such transaction.\n ``(C) Short-term debt instruments.--In the case of \n a covered transaction with respect to a security \n described in subsection (d)(1)(C) which has a fixed \n maturity date not more than 1 year from the date of \n issue, the rate of such tax shall be equal to 0.02 \n percent of the fair market value of such security.\n ``(2) Hedging transaction.--In the case of any covered \n transaction which is a hedging transaction (within the meaning \n of section 1221(a)(7)), subparagraphs (A) and (B) of paragraph \n (1) shall each be applied by substituting `0.02 percent' for \n `0.25 percent'.\n ``(c) Covered Transaction.--For purposes of this section, the term \n`covered transaction' means--\n ``(1) except as provided in paragraph (2), any purchase \n if--\n ``(A) such purchase occurs on a trading facility \n located in the United States, or\n ``(B) the purchaser or seller is a United States \n person, or\n ``(2) any transaction with respect to a security described \n in subsection (d)(1)(D), if any party with rights under such \n security is a United States person or if such transaction is \n facilitated by a United States person, including a trading \n facility located in the United States or a broker.\n ``(d) Security and Other Definitions.--For purposes of this \nsection--\n ``(1) In general.--The term `security' means--\n ``(A) any share of stock in a corporation,\n ``(B) any partnership or beneficial ownership \n interest in a widely held or publicly traded \n partnership or trust,\n ``(C) any note, bond, debenture, or other evidence \n of indebtedness issued by a nongovernmental entity the \n beneficial ownership of which is traded on an \n established market, or\n ``(D) any evidence of an interest in, or a \n derivative financial instrument in--\n ``(i) any security described in \n subparagraph (A), (B), or (C),\n ``(ii) any specified index, or\n ``(iii) any other note, bond, or debenture \n issued by a nongovernmental entity.\n ``(2) Derivative financial instrument.--The term \n `derivative financial instrument' means any option, forward \n contract, short position, notional principal contract, credit \n default swap, or any similar financial instrument.\n ``(3) Specified index.--The term `specified index' means \n any 1 or more of any combination of--\n ``(A) a fixed rate, price, or amount, or\n ``(B) a variable rate, price, or amount, \n which is based on any current objectively determinable \n information which is not within the control of any of the \n parties to the contract or instrument and is not unique to any \n of the parties' circumstances.\n ``(e) Exceptions to Imposition of Tax.--\n ``(1) Exception for initial issues.--No tax shall be \n imposed under subsection (a) on any covered transaction with \n respect to the initial issuance of any security described in \n subparagraph (A), (B), or (C) of subsection (d)(1).\n ``(2) Exception for retirement accounts, etc.--No tax shall \n be imposed under subsection (a) on any covered transaction with \n respect to any security which is held in any plan, account, or \n arrangement described in section 220, 223, 401(a), 403(a), \n 403(b), 408, 408A, 529, or 530 (including assets held in a \n segregated asset account described in section 817 as part of \n any such plan, account, or arrangement).\n ``(3) Exception for certain mutual fund transactions.--No \n tax shall be imposed under subsection (a) on any covered \n transaction--\n ``(A) with respect to the purchase of any interest \n in a regulated investment company (as defined in \n section 851) which issues only stock which is \n redeemable on the demand of the stock holder,\n ``(B) by a regulated investment company (as so \n defined) which is 100 percent owned by 1 or more plans, \n accounts, or arrangements described in paragraph (2), \n and\n ``(C) to the extent such tax is properly allocable \n to any class of shares of a regulated investment \n company (as so defined) which is 100 percent owned by 1 \n or more plans, accounts, or arrangements described in \n paragraph (2).\n ``(f) By Whom Paid.--\n ``(1) In general.--The tax imposed by this section shall be \n paid by--\n ``(A) in the case of a transaction which occurs on \n a trading facility located in the United States, such \n trading facility,\n ``(B) in the case of a transaction not described in \n subparagraph (A) which is executed by a broker, such \n broker,\n ``(C) in the case of a transaction not described in \n subparagraph (A) or (B), with respect to a security \n described in section (d)(1)(D), the party identified by \n the Secretary, or\n ``(D) in any other case, the purchaser with respect \n to the transaction.\n ``(2) Withholding if purchaser is not a united states \n person.--See section 1447 for withholding by seller if \n purchaser is a foreign person.\n ``(g) Administration.--The Secretary shall carry out this section \nin consultation with the Securities and Exchange Commission and the \nCommodity Futures Trading Commission.\n ``(h) Guidance; Regulations.--The Secretary shall--\n ``(1) provide guidance regarding such information reporting \n concerning covered transactions as the Secretary deems \n appropriate, and\n ``(2) prescribe such regulations as are necessary or \n appropriate to prevent avoidance of the purposes of this \n section, including the use of non-United States persons in such \n transactions or the improper allocation of taxes to classes of \n shares described in subsection (e)(3)(C).''.\n (b) Credit for First $100,000 of Stock Transactions Per Year.--\nSubpart C of part IV of subchapter A of chapter 1 of such Code is \namended by inserting after section 36A the following new section:\n\n``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES.\n\n ``(a) Allowance of Credit.--In the case of any individual who is a \npurchaser with respect to a covered transaction, there shall be allowed \nas a credit against the tax imposed by this subtitle for the taxable \nyear an amount equal to the lesser of--\n ``(1) the aggregate amount of tax imposed under section \n 4475 on covered transactions during the taxable year with \n respect to which the taxpayer is the purchaser, or\n ``(2) $250 ($125 in the case of a married individual filing \n a separate return).\n ``(b) Definitions.--For purposes of this section, any term used in \nthis section which is also used in section 4475 shall have the same \nmeaning as when used in section 4475.''.\n (c) Withholding.--Subchapter A of chapter 3 of such Code is amended \nby adding at the end the following new section:\n\n``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS.\n\n ``(a) In General.--In the case of any outbound securities \ntransaction, except as provided in subsection (b), the transferor shall \ndeduct and withhold a tax equal to the tax imposed under section 4475 \nwith respect to such transaction.\n ``(b) Derivatives.--In the case of any outbound securities \ntransaction with respect to a security described in section \n4475(d)(1)(D), the party identified by the Secretary shall so deduct \nand withhold.\n ``(c) Outbound Securities Transaction.--For purposes of this \nsection, the term `outbound securities transaction' means any covered \ntransaction to which section 4475(a) applies if--\n ``(1) such transaction does not occur on a trading facility \n located in the United States, and\n ``(2) the purchaser with respect to such transaction in not \n a United States person.''.\n (d) Conforming Amendments.--\n (1) Section 6211(b)(4)(A) of such Code is amended by \n inserting ``36B,'' after ``36A,''.\n (2) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``36B,'' after ``36A,''.\n (e) Clerical Amendments.--\n (1) The table of subchapters for chapter 36 of the Internal \n Revenue Code of 1986 is amended by inserting after the item \n relating to subchapter B the following new item:\n\n``Subchapter C. Tax on securities transactions.''.\n (2) The table of sections for subchapter A of chapter 3 of \n such Code is amended by adding at the end the following new \n item:\n\n``Sec. 1447. Withholding on securities transactions.''.\n (3) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 36A the following new item:\n\n``Sec. 36B. Credit for securities transaction taxes.''.\n (f) Effective Date.--The amendments made by this section shall \napply to transactions occurring after December 31, 2010.","summary":"Wall Street Fair Share Act - Amends the Internal Revenue Code to impose an excise tax on securities trading facilities, brokers, and purchasers for certain securities transactions. Sets such tax at .25 of the fair market value of the security traded. Defines security to include stock in a corporation, partnership interests, debt instruments, or interests in certain derivative financial instruments. Exempts from such tax an initial issue of securities, transactions in certain retirement, education, and health savings accounts, and transactions in mutual funds. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 . Requires withholding of excise tax amounts by the transferor of securities subject to the tax.","title":"A bill to amend the Internal Revenue Code of 1986 to impose a tax on certain securities transactions to fund job creation and deficit reduction, and for other purposes.","text_len":11092,"sum_len":772} {"bill_id":"109_s2245","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Indian Youth Telemental Health \nDemonstration Project Act of 2006''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) suicide for Indians and Alaska Natives is 2\\1\/2\\ times \n higher than the national average and the highest for all ethnic \n groups in the United States, at a rate of more than 16 per \n 100,000 males of all age groups, and 27.9 per 100,000 for males \n aged 15 through 24, according to data for 2002;\n (2) according to national data for 2002, suicide was the \n second-leading cause of death for Indians and Alaska Natives \n aged 15 through 34 and the fourth-leading cause of death for \n Indians and Alaska Natives aged 10 through 14;\n (3) the suicide rates of Indian and Alaska Native males \n aged 15 through 24 are nearly 4 times greater than suicide \n rates of Indian and Alaska Native females of that age group;\n (4)(A) 90 percent of all teens who die by suicide suffer \n from a diagnosable mental illness at the time of death; and\n (B) more than \\1\/2\\ of the people who commit suicide in \n Indian Country have never been seen by a mental health \n provider;\n (5) death rates for Indians and Alaska Natives are \n statistically underestimated;\n (6) suicide clustering in Indian Country affects entire \n tribal communities; and\n (7) since 2003, the Indian Health Service has carried out a \n National Suicide Prevention Initiative to work with Service, \n tribal, and urban Indian health programs.\n (b) Purpose.--The purpose of this Act is to authorize the Secretary \nto carry out a demonstration project to test the use of telemental \nhealth services in suicide prevention, intervention, and treatment of \nIndian youth, including through--\n (1) the use of psychotherapy, psychiatric assessments, \n diagnostic interviews, therapies for mental health conditions \n predisposing to suicide, and alcohol and substance abuse \n treatment;\n (2) the provision of clinical expertise to, consultation \n services with, and medical advice and training for frontline \n health care providers working with Indian youth;\n (3) training and related support for community leaders, \n family members and health and education workers who work with \n Indian youth;\n (4) the development of culturally-relevant educational \n materials on suicide; and\n (5) data collection and reporting.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Demonstration project.--The term ``demonstration \n project'' means the Indian youth telemental health \n demonstration project authorized under section 4(a).\n (2) Department.--The term ``Department'' means the \n Department of Health and Human Services.\n (3) Indian.--The term ``Indian'' means any individual who \n is a member of an Indian tribe or is eligible for health \n services under the Indian Health Care Improvement Act (25 \n U.S.C. 1601 et seq.).\n (4) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (6) Service.--The term ``Service'' means the Indian Health \n Service.\n (7) Telemental health.--The term ``telemental health'' \n means the use of electronic information and telecommunications \n technologies to support long distance mental health care, \n patient and professional-related education, public health, and \n health administration.\n (8) Traditional health care practices.--The term \n ``traditional health care practices'' means the application by \n Native healing practitioners of the Native healing sciences (as \n opposed or in contradistinction to Western healing sciences) \n that--\n (A) embody the influences or forces of innate \n Tribal discovery, history, description, explanation and \n knowledge of the states of wellness and illness; and\n (B) call upon those influences or forces in the \n promotion, restoration, preservation, and maintenance \n of health, well-being, and life's harmony.\n (9) Tribal organization.--The term ``tribal organization'' \n has the meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n\nSEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT.\n\n (a) Authorization.--\n (1) In general.--The Secretary is authorized to carry out a \n demonstration project to award grants for the provision of \n telemental health services to Indian youth who--\n (A) have expressed suicidal ideas;\n (B) have attempted suicide; or\n (C) have mental health conditions that increase or \n could increase the risk of suicide.\n (2) Eligibility for grants.--Grants described in paragraph \n (1) shall be awarded to Indian tribes and tribal organizations \n that operate 1 or more facilities--\n (A) located in Alaska and part of the Alaska \n Federal Health Care Access Network;\n (B) reporting active clinical telehealth \n capabilities; or\n (C) offering school-based telemental health \n services relating to psychiatry to Indian youth.\n (3) Grant period.--The Secretary shall award grants under \n this section for a period of up to 4 years.\n (4) Maximum number of grants.--Not more than 5 grants shall \n be provided under paragraph (1), with priority consideration \n given to Indian tribes and tribal organizations that--\n (A) serve a particular community or geographic area \n in which there is a demonstrated need to address Indian \n youth suicide;\n (B) enter into collaborative partnerships with \n Service or other tribal health programs or facilities \n to provide services under this demonstration project;\n (C) serve an isolated community or geographic area \n which has limited or no access to behavioral health \n services; or\n (D) operate a detention facility at which Indian \n youth are detained.\n (b) Use of Funds.--An Indian tribe or tribal organization shall use \na grant received under subsection (a) for the following purposes:\n (1) To provide telemental health services to Indian youth, \n including the provision of--\n (A) psychotherapy;\n (B) psychiatric assessments and diagnostic \n interviews, therapies for mental health conditions \n predisposing to suicide, and treatment; and\n (C) alcohol and substance abuse treatment.\n (2) To provide clinician-interactive medical advice, \n guidance and training, assistance in diagnosis and \n interpretation, crisis counseling and intervention, and related \n assistance to Service or tribal clinicians and health services \n providers working with youth being served under the \n demonstration project.\n (3) To assist, educate, and train community leaders, health \n education professionals and paraprofessionals, tribal outreach \n workers, and family members who work with the youth receiving \n telemental health services under the demonstration project, \n including with identification of suicidal tendencies, crisis \n intervention and suicide prevention, emergency skill \n development, and building and expanding networks among those \n individuals and with State and local health services providers.\n (4) To develop and distribute culturally-appropriate \n community educational materials on--\n (A) suicide prevention;\n (B) suicide education;\n (C) suicide screening;\n (D) suicide intervention; and\n (E) ways to mobilize communities with respect to \n the identification of risk factors for suicide.\n (5) To conduct data collection and reporting relating to \n Indian youth suicide prevention efforts.\n (c) Applications.--To be eligible to receive a grant under \nsubsection (a), an Indian tribe or tribal organization shall prepare \nand submit to the Secretary an application, at such time, in such \nmanner, and containing such information as the Secretary may require, \nincluding--\n (1) a description of the project that the Indian tribe or \n tribal organization will carry out using the funds provided \n under the grant;\n (2) a description of the manner in which the project funded \n under the grant would--\n (A) meet the telemental health care needs of the \n Indian youth population to be served by the project; or\n (B) improve the access of the Indian youth \n population to be served to suicide prevention and \n treatment services;\n (3) evidence of support for the project from the local \n community to be served by the project;\n (4) a description of how the families and leadership of the \n communities or populations to be served by the project would be \n involved in the development and ongoing operations of the \n project;\n (5) a plan to involve the tribal community of the youth who \n are provided services by the project in planning and evaluating \n the mental health care and suicide prevention efforts provided, \n in order to ensure the integration of community, clinical, \n environmental, and cultural components of the treatment; and\n (6) a plan for sustaining the project after Federal \n assistance for the demonstration project has terminated.\n (d) Traditional Health Care Practices.--The Secretary, acting \nthrough the Service, shall ensure that the demonstration project \ninvolves the use and promotion of the traditional health care practices \nof the Indian tribes of the youth to be served.\n (e) Collaboration.--The Secretary, acting through the Service, \nshall encourage Indian tribes and tribal organizations receiving grants \nunder this section to collaborate to enable comparisons about best \npractices across projects.\n (f) Annual Report.--Each grant recipient shall submit to the \nSecretary an annual report that--\n (1) describes the number of telemental health services \n provided; and\n (2) includes any other information that the Secretary may \n require.\n (g) Report to Congress.--Not later than 270 days after the date of \ntermination of the demonstration project, the Secretary shall submit to \nthe Committee on Indian Affairs of the Senate and the Committee on \nResources and the Committee on Energy and Commerce of the House of \nRepresentatives a final report that--\n (1) describes the results of the projects funded by grants \n awarded under this section, including any data available that \n indicate the number of attempted suicides;\n (2) evaluates the impact of the telemental health services \n funded by the grants in reducing the number of completed \n suicides among Indian youth;\n (3) evaluates whether the demonstration project should be--\n (A) expanded to provide more than 5 grants; and\n (B) designated a permanent program; and\n (4) evaluates the benefits of expanding the demonstration \n project to include urban Indian organizations.\n (h) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $1,500,000 for each of fiscal \nyears 2007 through 2010.\n\n Passed the Senate May 11, 2006.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network, (2) reporting active clinical telehealth capabilities. Or (3) offering school-based telemental health services relating to psychiatry to Indian youth.","title":"A bill to establish an Indian youth telemental health demonstration project.","text_len":12763,"sum_len":763} {"bill_id":"111_hr2292","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Healthy Kids for Healthy Futures Act of \n2009''.\n\nSEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.\n\n (a) Amendments of ERISA.--\n (1) In general.--Subpart B of part 7 of title I of the \n Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 \n et seq.) is amended by adding at the end the following:\n\n``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.\n\n ``(a) In General.--A group health plan, and a health insurance \nissuer providing health insurance coverage in connection with a group \nhealth plan, shall provide coverage for appropriate preventive care for \neach qualified dependent child of the participant.\n ``(b) Appropriate Preventive Care.--For purposes of this section, \nthe term `appropriate preventive care' means medical care which, under \nregulations prescribed by the Secretary of Health and Human Services, \nin consultation with the Secretary and the Secretary of the Treasury, \nmeets the most recent Bright Futures Guidelines for Health Supervision \nof Infants, Children, and Adolescents.\n ``(c) Qualified Dependent Child.--For purposes of this section, the \nterm `qualified dependent child' means a child of the participant who--\n ``(1) is not more than 18 years of age, and\n ``(2) is a dependent child, under the terms of the plan or \n coverage, of the participant.\n ``(d) Cost-Sharing Prohibited.--A group health plan and health \ninsurance coverage provided in connection with a group health plan may \nnot impose deductibles, copayments, coinsurance, or other cost-sharing \nin relation to services provided pursuant to the requirements of \nsubsection (a).\n ``(e) Certain Coverage Restrictions Prohibited.--A group health \nplan, and a health insurance issuer providing coverage in connection \nwith a group health plan, may not--\n ``(1) deny to a participant or beneficiary eligibility, or \n continued eligibility, to enroll or to renew coverage under the \n terms of the plan solely for the purpose of avoiding the \n requirements of this section, or\n ``(2) penalize, or otherwise reduce or limit the \n reimbursement of, an attending provider, or provide incentives \n (monetary or otherwise) to an attending provider, so as to \n induce the provider to provide care to a beneficiary in a \n manner inconsistent with this section.\n ``(f) Allowance for Level or Type of Provider Reimbursement.--\nNothing in this section shall be construed to prevent a group health \nplan or a health insurance issuer providing health insurance coverage \nin connection with a group health plan from negotiating the level and \ntype of reimbursement with a provider for care provided in accordance \nwith this section.\n ``(g) Notice.--A group health plan, and a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan, shall provide notice to each participant and beneficiary under \nsuch plan regarding the coverage required by this section in accordance \nwith regulations which shall be promulgated by the Secretary, in \nconsultation with the Secretary of Health and Human Services and the \nSecretary of the Treasury. Such notice shall be in writing and \nprominently positioned in any literature or correspondence made \navailable or distributed to participants and beneficiaries by the plan \nor issuer on an annual or other more frequent periodic basis.\n ``(h) Relation to State Laws.--Nothing in this section shall be \nconstrued to preempt or otherwise limit any State law with respect to \nhealth insurance coverage that requires more extensive coverage than is \notherwise required under this section.''.\n (2) Conforming amendment.--The table of contents in section \n 1 of such Act is amended by inserting after the item relating \n to section 713 the following new item:\n\n``Sec. 714. Coverage of preventive care for children.''.\n (b) Amendments to the Public Health Service Act.--\n (1) Group markets.--Subpart 2 of part A of title XXVII of \n the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is \n amended by adding at the end the following new section:\n\n``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.\n\n ``(a) In General.--A group health plan, and a health insurance \nissuer providing health insurance coverage in connection with a group \nhealth plan, shall provide coverage for appropriate preventive care for \neach qualified dependent child of the participant.\n ``(b) Appropriate Preventive Care.--For purposes of this section, \nthe term `appropriate preventive care' means medical care which, under \nregulations prescribed by the Secretary, in consultation with the \nSecretary of Labor and the Secretary of the Treasury, meets the most \nrecent Bright Futures Guidelines for Health Supervision of Infants, \nChildren, and Adolescents.\n ``(c) Qualified Dependent Child.--For purposes of this section, the \nterm `qualified dependent child' means a child of the participant who--\n ``(1) is not more than 18 years of age, and\n ``(2) is a dependent child, under the terms of the plan or \n coverage, of the participant.\n ``(d) Cost-Sharing Prohibited.--A group health plan and health \ninsurance coverage provided in connection with a group health plan may \nnot impose deductibles, copayments, coinsurance, or other cost-sharing \nin relation to services provided pursuant to the requirements of \nsubsection (a).\n ``(e) Certain Coverage Restrictions Prohibited.--A group health \nplan, and a health insurance issuer providing coverage in connection \nwith a group health plan, may not--\n ``(1) deny to a participant or beneficiary eligibility, or \n continued eligibility, to enroll or to renew coverage under the \n terms of the plan solely for the purpose of avoiding the \n requirements of this section, or\n ``(2) penalize, or otherwise reduce or limit the \n reimbursement of, an attending provider, or provide incentives \n (monetary or otherwise) to an attending provider, so as to \n induce the provider to provide care to a beneficiary in a \n manner inconsistent with this section.\n ``(f) Allowance for Level or Type of Provider Reimbursement.--\nNothing in this section shall be construed to prevent a group health \nplan or a health insurance issuer providing health insurance coverage \nin connection with a group health plan from negotiating the level and \ntype of reimbursement with a provider for care provided in accordance \nwith this section.\n ``(g) Notice.--A group health plan, and a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan, shall provide notice to each participant and beneficiary under \nsuch plan regarding the coverage required by this section in accordance \nwith regulations which shall be promulgated by the Secretary of Labor, \nin consultation with the Secretary and the Secretary of the Treasury. \nSuch notice shall be in writing and prominently positioned in any \nliterature or correspondence made available or distributed to \nparticipants and beneficiaries by the plan or issuer on an annual or \nother more frequent periodic basis.\n ``(h) Relation to State Laws.--Nothing in this section shall be \nconstrued to preempt or otherwise limit any State law with respect to \nhealth insurance coverage that requires more extensive coverage than is \notherwise required under this section.''.\n (2) Individual market.--Subpart 3 of part B of title XXVII \n of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding \n at the end the following new section:\n\n``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.\n\n ``The provisions of section 2707 shall apply to health insurance \ncoverage offered by a health insurance issuer in the individual market \nin the same manner as they apply to health insurance coverage offered \nby a health insurance issuer in connection with a group health plan in \nthe small or large group market.''.\n (c) Amendments to the Internal Revenue Code.--\n (1) In general.--Subchapter B of chapter 100 of the \n Internal Revenue Code of 1986 (relating to other group health \n plan requirements) is amended by inserting after section 9812 \n the following new section:\n\n``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.\n\n ``(a) In General.--A group health plan shall provide coverage for \nappropriate preventive care for each qualified dependent child of the \nparticipant.\n ``(b) Appropriate Preventive Care.--For purposes of this section, \nthe term `appropriate preventive care' means medical care which, under \nregulations prescribed by the Secretary of Health and Human Services in \nconsultation with the Secretary and the Secretary of Labor, meets the \nmost recent Bright Futures Guidelines for Health Supervision of \nInfants, Children, and Adolescents.\n ``(c) Qualified Dependent Child.--For purposes of this section, the \nterm `qualified dependent child' means a child of the participant who--\n ``(1) is not more than 18 years of age, and\n ``(2) is a dependent child, under the terms of the plan or \n coverage, of the participant.\n ``(d) Cost-Sharing Prohibited.--A group health plan may not impose \ndeductibles, copayments, coinsurance, or other cost-sharing in relation \nto services provided pursuant to the requirements of subsection (a).\n ``(e) Certain Coverage Restrictions Prohibited.--A group health \nplan may not--\n ``(1) deny to a participant or beneficiary eligibility, or \n continued eligibility, to enroll or to renew coverage under the \n terms of the plan solely for the purpose of avoiding the \n requirements of this section, or\n ``(2) penalize, or otherwise reduce or limit the \n reimbursement of, an attending provider, or provide incentives \n (monetary or otherwise) to an attending provider, so as to \n induce the provider to provide care to a beneficiary in a \n manner inconsistent with this section.\n ``(f) Allowance for Level or Type of Provider Reimbursement.--\nNothing in this section shall be construed to prevent a group health \nplan or a health insurance issuer providing health insurance coverage \nin connection with a group health plan from negotiating the level and \ntype of reimbursement with a provider for care provided in accordance \nwith this section.\n ``(g) Notice.--A group health plan shall provide notice to each \nparticipant and beneficiary under such plan regarding the coverage \nrequired by this section in accordance with regulations which shall be \npromulgated by the Secretary of Labor, in consultation with the \nSecretary and the Secretary of Health and Human Services. Such notice \nshall be in writing and prominently positioned in any literature or \ncorrespondence made available or distributed to participants and \nbeneficiaries by the plan or issuer on an annual or other more frequent \nperiodic basis.\n ``(h) Relation to State Laws.--Nothing in this section shall be \nconstrued to preempt or otherwise limit any State law with respect to \nhealth insurance coverage that requires more extensive coverage than is \notherwise required under this section.''.\n (2) Conforming amendment.--The table of sections for \n subchapter B of chapter 100 of such Code is amended by \n inserting after the item relating to section 9812 the following \n new item:\n\n``Sec. 9813. Coverage of preventive care for children.''.\n (d) Effective Date.--The amendments made by this Act shall apply \nwith respect to plan years beginning on or after January 1, 2010.\n (e) Initial Notice.--Each group health plan and health insurance \nissuer to which the notice requirements of section 714(g) of the \nEmployee Retirement Income Security Act of 1974, section 2707(g) of the \nPublic Health Service Act, or section 9813(g) of the Internal Revenue \nCode of 1986 apply shall be deemed not in compliance with such \nrequirements with respect to the first plan year beginning on or after \nJanuary 1, 2010, unless, not later than January 1, 2010, the plan or \nissuer includes the information described in such section in a notice \nwhich is provided to each participant and beneficiary in writing.\n\nSEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS \n ACCOUNTS.\n\n (a) In General.--Paragraph (2) of section 223(c) of the Internal \nRevenue Code of 1986 (defining high deductible health plan) is amended \nby adding at the end the following new subparagraph:\n ``(E) Special rule for preventative care for \n children.--\n ``(i) In general.--A plan shall not be \n treated as a high deductible health plan unless \n such plan meets the requirements of section \n 9813 (relating to coverage of preventative care \n for children).\n ``(ii) Plan treated as group health plan.--\n For purposes of clause (i), the plan shall be \n treated as a group health plan.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2009.","summary":"Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines appropriate preventive care to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies the provisions of this Act to individual health insurance coverage. Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met.","title":"To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require coverage of preventive care for children.","text_len":13510,"sum_len":883} {"bill_id":"111_hr4777","text":"SECTION 1. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS.\n\n (a) In General.--Section 3111 is amended by adding at the end the \nfollowing new subsection:\n ``(d) Special Exemption for Certain Individuals Hired in 2010.--\n ``(1) In general.--Subsection (a) shall not apply to wages \n paid by a qualified employer with respect to employment during \n the period beginning on the day after the date of the enactment \n of this subsection and ending on December 31, 2010, of any \n qualified individual for services performed--\n ``(A) in a trade or business of such qualified \n employer, or\n ``(B) in the case of a qualified employer exempt \n from tax under section 501(a), in furtherance of the \n activities related to the purpose or function \n constituting the basis of the employer's exemption \n under section 501.\n ``(2) Qualified employer.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified employer' \n means any employer other than the United States, any \n State, or any political subdivision thereof, or any \n instrumentality of the foregoing.\n ``(B) Treatment of employees of post-secondary \n educational institutions.--Notwithstanding subparagraph \n (A), the term `qualified employer' includes any \n employer which is a public institution of higher \n education (as defined in section 101(b) of the Higher \n Education Act of 1965).\n ``(3) Qualified individual.--For purposes of this \n subsection, the term `qualified individual' means any \n individual who--\n ``(A) begins employment with a qualified employer \n after February 3, 2010, and before January 1, 2011,\n ``(B) certifies by signed affidavit, under \n penalties of perjury, that such individual has not been \n employed for more than 40 hours during the 60-day \n period ending on the date such individual begins such \n employment,\n ``(C) is not employed by the qualified employer to \n replace another employee of such employer unless such \n other employee separated from employment voluntarily or \n for cause, and\n ``(D) is not an individual described in section \n 51(i)(1) (applied by substituting `qualified employer' \n for `taxpayer' each place it appears).\n ``(4) Election.--A qualified employer may elect to have \n this subsection not apply. Such election shall be made in such \n manner as the Secretary may require.''.\n (b) Coordination With Work Opportunity Credit.--Section 51(c) is \namended by adding at the end the following new paragraph:\n ``(5) Coordination with payroll tax forgiveness.--The term \n `wages' shall not include any amount paid or incurred to a \n qualified individual (as defined in section 3111(d)(3)) during \n the 1-year period beginning on the hiring date of such \n individual by a qualified employer (as defined in section \n 3111(d)) unless such qualified employer makes an election not \n to have section 3111(d) apply.''.\n (c) Transfers to Federal Old-Age and Survivors Insurance Trust \nFund.--There are hereby appropriated to the Federal Old-Age and \nSurvivors Trust Fund and the Federal Disability Insurance Trust Fund \nestablished under section 201 of the Social Security Act (42 U.S.C. \n401) amounts equal to the reduction in revenues to the Treasury by \nreason of the amendments made by subsection (a). Amounts appropriated \nby the preceding sentence shall be transferred from the general fund at \nsuch times and in such manner as to replicate to the extent possible \nthe transfers which would have occurred to such Trust Fund had such \namendments not been enacted.\n (d) Effective Date.--The amendments made by this section shall \napply to wages paid after the date of the enactment of this Act.\n\nSEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED \n INDIVIDUALS IN 2010.\n\n (a) In General.--In the case of any taxable year ending after the \ndate of the enactment of this Act, the current year business credit \ndetermined under section 38(b) of the Internal Revenue Code of 1986 for \nsuch taxable year shall be increased by an amount equal to the product \nof--\n (1) $1,000, and\n (2) the number of retained workers with respect to which \n subsection (b)(2) is first satisfied during such taxable year.\n (b) Limitation.--The increase determined under subsection (a) with \nrespect to any retained worker shall not exceed an amount equal to 4 \npercent of the wages (as defined in section 3401(a) of the Internal \nRevenue Code of 1986) with respect to such retained worker for the 52 \nconsecutive week period described in subsection (c)(2).\n (c) Retained Worker.--For purposes of this section, the term \n``retained worker'' means any qualified individual (as defined in \nsection 3111(d)(3) of the Internal Revenue Code of 1986)--\n (1) who was employed by the taxpayer on any date during the \n taxable year,\n (2) who was so employed by the taxpayer for a period of not \n less than 52 consecutive weeks, and\n (3) whose wages for such employment during the last 26 \n weeks of such period equaled at least 80 percent of such wages \n for the first 26 weeks of such period.\n (d) Limitation on Carrybacks.--No portion of the unused business \ncredit under section 38 of the Internal Revenue Code of 1986 for any \ntaxable year which is attributable to the increase in the current year \nbusiness credit under this section may be carried to a taxable year \nbeginning before the date of the enactment of this section.","summary":"Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers, including public institutions of higher education, from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days. And (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Prohibits any carryback of unused business tax credit amounts. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.","title":"To amend the Internal Revenue Code of 1986 to provide an exemption for employer payroll taxes during 2010 for wages with respect to the employment of new hires and to provide a credit for retaining employees.","text_len":6120,"sum_len":817} {"bill_id":"107_hr1916","text":"SECTION 1. SHORT TITLE.\n\n This title may be cited as the ``21st Century Media Responsibility \nAct of 2001''.\n\nSEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA \n PRODUCTS.\n\n (a) Declaration of Policy.--Section 2 of the Federal Cigarette \nLabeling and Advertising Act (15 U.S.C. 1331) is amended--\n (1) by inserting ``(a) Policy Regarding Cigarettes.--'' \n before ``It is the policy of the Congress''; and\n (2) by adding at the end the following:\n ``(b) Policy Regarding Violence in Audio and Visual Media \nProducts.--It is also the policy of Congress, and the purpose of this \nAct, to provide for the establishment, use, and enforcement of a \nconsistent and comprehensive system for labeling violent content in \naudio and visual media products (including labeling of such products in \nthe advertisements for such products), whereby--\n ``(1) the public may be adequately informed of--\n ``(A) the nature, context, and intensity of \n depictions of violence in audio and visual media \n products; and\n ``(B) matters needed to judge the appropriateness \n of the purchase, viewing, listening to, use, or other \n consumption of audio and visual media products \n containing violent content by minors of various ages; \n and\n ``(2) the public may be assured of--\n ``(A) the accuracy and consistency of the system in \n labeling the nature, context, and intensity of \n depictions of violence in audio and visual media \n products; and\n ``(B) the accuracy and consistency of the system in \n providing information on matters needed to judge the \n appropriateness of the purchase, viewing, listening to, \n use, or other consumption of audio and visual media \n products containing violent content by minors of \n various ages.''.\n (b) Labeling of Audio and Visual Media Products.--That Act is \nfurther amended by inserting after section 4 (15 U.S.C. 1333) the \nfollowing new section:\n\n ``labeling of audio and visual media products\n\n ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and \nproducers of interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nmay submit to the Federal Trade Commission a joint proposal for a \nsystem for labeling the violent content in interactive video game \nproducts and services, video program products, motion picture products, \nand sound recording products.\n ``(2) The proposal under this subsection should, to the maximum \nextent practicable, meet the requirements set forth in subsection (b).\n ``(3)(A) The antitrust laws shall not apply to any joint \ndiscussion, consideration, review, action, or agreement between or \namong manufacturers and producers referred to in paragraph (1) for \npurposes of developing a joint proposal for a system for labeling \nreferred to in that paragraph.\n ``(B) For purposes of this paragraph, the term `antitrust laws' has \nthe meaning given such term in the first section of the Clayton Act (15 \nU.S.C. 12) and includes section 5 of the Federal Trade Commission Act \n(15 U.S.C. 45).\n ``(b) Requirements for Labeling System.--A system for labeling the \nviolent content in interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nunder this section shall meet the following requirements:\n ``(1) The label of a product or service shall consist of a \n single label which--\n ``(A) takes into account the nature, context, and \n intensity of the depictions of violence in the product \n or service; and\n ``(B) assesses the totality of all depictions of \n violence in the product or service.\n ``(2) The label of a product or service shall specify a \n minimum age in years for the purchase, viewing, listening to, \n use, or consumption of the product or service in light of the \n totality of all depictions of violence in the product or \n service.\n ``(3) The format of the label for products and services \n shall--\n ``(A) incorporate each label provided for under \n paragraphs (1) and (2);\n ``(B) include a symbol or icon, and written text; \n and\n ``(C) be identical for each given label provided \n under paragraphs (1) and (2), regardless of the type of \n product or service involved.\n ``(4) In the case of a product or service sold in a box, \n carton, sleeve, or other container, the label shall appear on \n the box, carton, sleeve, or container in a conspicuous manner.\n ``(5) In the case of a product or service that is intended \n to be viewed, the label shall--\n ``(A) appear before the commencement of the product \n or service;\n ``(B) appear in both visual and audio form; and\n ``(C) appear in visual form for at least five \n seconds.\n ``(6) Any advertisement for a product or service shall \n include a label of the product or service in accordance with \n the applicable provisions of this subsection.\n ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the \nmanufacturers and producers referred to in subsection (a) submit to the \nFederal Trade Commission a proposal for a labeling system referred to \nin that subsection not later than 180 days after the date of the \nenactment of the 21st Century Media Responsibility Act of 2001, the \nCommission shall review the labeling system contained in the proposal \nto determine whether the labeling system meets the requirements set \nforth in subsection (b) in a manner that addresses fully the purposes \nset forth in section 2(b).\n ``(B) Not later than 180 days after commencing a review of the \nproposal for a labeling system under subparagraph (A), the Commission \nshall issue a labeling system for purposes of this section. The \nlabeling system issued under this subparagraph may include such \nmodifications of the proposal as the Commission considers appropriate \nin order to assure that the labeling system meets the requirements set \nforth in subsection (b) in a manner that addresses fully the purposes \nset forth in section 2(b).\n ``(2)(A) If the manufacturers and producers referred to in \nsubsection (a) do not submit to the Commission a proposal for a \nlabeling system referred to in that subsection within the time provided \nunder paragraph (1)(A), the Commission shall prescribe regulations to \nestablish a labeling system for purposes of this section that meets the \nrequirements set forth in subsection (b).\n ``(B) Any regulations under subparagraph (A) shall be prescribed \nnot later than one year after the date of the enactment of the 21st \nCentury Media Responsibility Act of 2001.\n ``(e) Prohibition on Sale or Distribution Without Label.--\nCommencing one year after the date of the enactment of the 21st Century \nMedia Responsibility Act of 2001, a person may not manufacture or \nproduce for sale or distribution in commerce, package for sale or \ndistribution in commerce, or sell or distribute in commerce any \ninteractive video game product or service, video program product, \nmotion picture product, or sound recording product unless the product \nor service bears a label in accordance with the labeling system issued \nor prescribed by the Federal Trade Commission under subsection (d) \nwhich--\n ``(1) is appropriate for the nature, context, and intensity \n of the depictions of violence in the product or service; and\n ``(2) specifies an appropriate minimum age in years for \n purchasers and consumers of the product or service.\n ``(f) Prohibition on Sale in Violation of Age Restriction.--\nCommencing one year after the date of the enactment of the 21st Century \nMedia Responsibility Act of 2001, a person may not sell in commerce an \ninteractive video game product or service, video program product, \nmotion picture product, or sound recording product to an individual \nwhose age in years is less than the age specified as the minimum age in \nyears for a purchaser and consumer of the product or service, as the \ncase may be, under the labeling system issued or prescribed by the \nFederal Trade Commission under subsection (d).\n ``(g) Investigations of Improper Labeling.--The Federal Trade \nCommission shall have the authority to receive and investigate \nallegations that an interactive video game product or service, video \nprogram product, motion picture product, or sound recording product \ndoes not bear a label under the labeling system issued or prescribed by \nthe Commission under subsection (d) that is appropriate for the product \nor service, as the case may be, given the nature, context, and \nintensity of the depictions of violence in the product or service.''.\n (c) Civil Penalty.--That Act is further amended by inserting after \nsection 10 (15 U.S.C. 1338) the following new section:\n\n ``civil penalty\n\n ``Sec. 10A. (a) In General.--Any person who violates subsection (e) \nor (f) of section 4A shall be subject to a civil penalty in an amount \nnot to exceed $10,000 for each such violation.\n ``(b) Duration of Violation.--In the case of an interactive video \ngame product or service, video program product, motion picture product, \nor sound recording product determined to violate section 4A(e), each \nday from the date of the commencement of sale or distribution of the \nproduct or service, as the case may be, to the date of the \ndetermination of the violation shall constitute a separate violation of \nsubsection (a), and all such violations shall be aggregated together \nfor purposes of determining the total liability of the manufacturer or \nproducer of the product or service, as the case may be, for such \nviolations under that subsection.''.\n (d) Short Title of Act.--The first section of that Act (15 U.S.C. \n1331 note) is amended to read as follows: ``That this Act may be cited \nas the `Federal Cigarette and Media Violence Labeling and Advertising \nAct'''.","summary":"st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing. And (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Or (2) selling such product to an individual under the minimum age specified under the labeling system. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.","title":"To provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products.","text_len":10598,"sum_len":1280} {"bill_id":"109_hr3175","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Answer Africa's Call Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) African poverty and stagnation are the greatest tragedy \n of our time and demand a forceful response by the United \n States.\n (2) The world, especially the United States, is awash with \n wealth on a scale that has never been seen in human history.\n (3) We live in a world where new medicines and medical \n techniques have eradicated many of the diseases and ailments \n that plagued the rich world.\n (4) In Africa, some 4,000,000 children under the age of \n five die each year, two-thirds of them from illnesses that cost \n very little to treat; malaria is the biggest single killer of \n African children, and half of those deaths could be avoided if \n the parents of these children had access to diagnosis and drugs \n that cost little more than $1 per dose.\n (5) We live in a world where scientists can map the human \n genome and have the technology to clone a human being.\n (6) In Africa, we allow more than 250,000 women die each \n year from complications in pregnancy or childbirth.\n (7) We live in a world where the Internet in the blink of \n an eye can transfer more information than any human brain could \n hold.\n (8) In Africa each day, some 40,000,000 children are not \n able to go to school.\n (9) We live in a world which, faced by one of the most \n devastating diseases ever seen, AIDS, has developed the \n antiretroviral drugs to control its advance.\n (10) In Africa, where 25,000,000 people are infected with \n AIDS, antiretroviral drugs are not made generally available; as \n a result, 2,000,000 people will die of AIDS in 2005.\n (11) We live in a world where rich nations spend as much as \n the entire income of all the people in Africa subsidizing the \n unnecessary production of unwanted food, in an amount of almost \n $1,000,000,000 each day.\n (12) In Africa, hunger is a key factor in more deaths than \n those caused by all of the continent's infectious diseases \n combined.\n (13) We live in a world where every cow in Europe receives \n almost $2 each day in government subsidies.\n (14) In Africa the average daily income is approximately \n $1.\n (15) The contrast between the lives led by those who live \n in rich countries and those of poor people in Africa is the \n greatest scandal of our age.\n (16) One in six children in Africa dies before reaching the \n age of 5.\n (17) Two-thirds of all the African children who die under \n the age of 5 could be saved by low-cost treatments such as \n vitamin A, and a tenth of all the diseases suffered by African \n children are caused by intestinal worms that infect 200,000,000 \n people and could be treated for just 25 cents per child.\n (18) More than 300,000,000 Africans--42 percent of Africa's \n population--still do not have access to safe water, and 60 \n percent do not have access to basic sanitation.\n (19) 62 percent of all people aged 15-24 years who live \n with HIV are found in Africa.\n (20) Africa had 43,000,000 orphans in 2003, of which AIDS \n was responsible for 12,000,000.\n (21) In Zambia, 71 percent of child prostitutes are \n orphans.\n\nSEC. 3. STATEMENT OF POLICY.\n\n The Congress supports implementing the recommendations of the \nCommission for Africa, which call for rich nations to increase foreign \nassistance to Africa, provide debt relief, eliminate trade distorting \nagricultural subsidies, and remove insidious trade barriers that impede \neconomic opportunity in sub-Saharan Africa.\n\nSEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND \n INTERNATIONAL FINANCE FACILITY.\n\n (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of \n1986 (relating to imposition of tax on individuals) is amended by \nadding at the end the following new subsection:\n ``(j) Additional Income Tax.--\n ``(1) In general.--If the adjusted gross income of an \n individual exceeds the threshold amount, the tax imposed by \n this section (determined without regard to this subsection) \n shall be increased by an amount equal to 0.8 percent of so much \n of the adjusted gross income as exceeds the threshold amount.\n ``(2) Threshold amounts.--For purposes of this subsection, \n the term `threshold amount' means--\n ``(A) $1,000,000 in the case of a joint return, and\n ``(B) $500,000 in the case of any other return.\n ``(3) Tax not to apply to estates and trusts.--This \n subsection shall not apply to an estate or trust.\n ``(4) Termination.--This subsection shall not apply to \n taxable years beginning after December 31, 2010.''.\n (b) Establishment of United States International Finance Facility \nTrust Fund.--\n (1) In general.--Subchapter A of chapter 98 of such Code \n (relating to trust fund code) is amended by adding at the end \n the following:\n\n``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `United States \nInternational Finance Facility Trust Fund' (referred to in this section \nas the `Trust Fund'), consisting of such amounts as may be appropriated \nor credited to the Trust Fund as provided in this section or section \n9602(b).\n ``(b) Transfers to Trust Fund.--There is hereby appropriated to the \nTrust Fund an amount equivalent to the increase in revenues received in \nthe Treasury as the result of the surtax imposed under section 1(j).\n ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust \nFund shall be available without further appropriation to make \nexpenditures in connection with United States commitments to the \nInternational Finance Facility.''.\n (2) Conforming amendment.--The table of sections for \n subchapter A of chapter 98 of such Code is amended by adding at \n the end the following:\n\n``Sec. 9511. United States International Finance Facility Trust \n Fund.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2005.\n (d) Section 15 not to Apply.--The amendment made by subsection (a) \nshall not be treated as a change in a rate of tax for purposes of \nsection 15 of the Internal Revenue Code of 1986.\n\nSEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF \n SUB-SAHARAN AFRICAN COUNTRIES.\n\n (a) Removal of Agriculture Tariff-Rate Quota Limitation; \nAgricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19 \nU.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the \nfollowing:\n ``(3) Agricultural products.--\n ``(A) In general.--No quantity of an agricultural \n product subject to a tariff-rate quota that exceeds the \n in-quota amount shall be eligible for duty-free \n treatment under this title, except as provided in \n subparagraph (B).\n ``(B) Imports from countries designated under \n section 506a.--Subparagraph (A) shall not apply to \n over-quota imports of agricultural products subject to \n a tariff-rate quota that are the growth, product, or \n manufacture of a country designated as a beneficiary \n sub-Saharan African country under section 506A(a)(1).\n ``(4) Safeguard for agricultural products.--\n ``(A) In general.--The President shall assess a \n duty, in the amount prescribed under subparagraph (B), \n on over-quota imports of any agricultural product \n described in paragraph (3)(B) for which preferential \n treatment is claimed, if the President determines that \n the unit import price of the product when it enters the \n United States, determined on an F.O.B. basis, is less \n than the annual trigger price determined in accordance \n with subparagraph (D).\n ``(B) Calculation of additional duties.--The amount \n of the additional duty assessed under this subsection \n shall be determined as follows:\n ``(i) If the difference between the unit \n import price and the trigger price is less \n than, or equal to, 10 percent of the trigger \n price, no additional duty shall be imposed.\n ``(ii) If the difference between the unit \n import price and the trigger price is greater \n than 10 percent, but less than or equal to 40 \n percent, of the trigger price, the additional \n duty shall be equal to 30 percent of the \n difference between the preferential tariff rate \n and the column 1 general rate of duty imposed \n under the HTS on like articles at the time the \n additional duty is imposed.\n ``(iii) If the difference between the unit \n import price and the trigger price is greater \n than 40 percent, but less than or equal to 60 \n percent, of the trigger price, the additional \n duty shall be equal to 50 percent of the \n difference between the preferential tariff rate \n and the column 1 general rate of duty imposed \n under the HTS on like articles at the time the \n additional duty is imposed.\n ``(iv) If the difference between the unit \n import price and the trigger price is greater \n than 60 percent, but less than or equal to 75 \n percent, of the trigger price, the additional \n duty shall be equal to 70 percent of the \n difference between the preferential tariff rate \n and the column 1 general rate of duty imposed \n under the HTS on like articles at the time the \n additional duty is imposed.\n ``(v) If the difference between the unit \n import price and the trigger price is greater \n than 75 percent of the trigger price, the \n additional duty shall be equal to 100 percent \n of the difference between the preferential \n tariff rate and the column 1 general rate of \n duty imposed under the HTS on like articles at \n the time the additional duty is imposed.\n ``(C) Exceptions.--No additional duty under this \n paragraph shall be assessed on an agricultural product \n if, at the time of entry into the customs territory of \n the United States, the product is subject to import \n relief under chapter 1 of title II of the Trade Act of \n 1974 (19 U.S.C. 2251 et seq.).\n ``(D) Calculation of trigger price.--(i) Not later \n than 60 days after the date of the enactment of the \n Answer Africa's Call Act, and annually thereafter, the \n President shall, in consultation with the Secretary of \n Agriculture, establish the annual trigger price for \n each over-quota agricultural product described in \n paragraph (3)(B), and shall publish such prices in the \n Federal Register. The President shall establish the \n trigger price for a product at a level not below the 3-\n year average import price for that product.\n ``(ii) Not later than 30 days before publishing the \n trigger prices in the Federal Register under clause \n (i), the President shall notify and consult with the \n Committees on Ways and Means and Agriculture of the \n House of Representatives and the Committees on Finance \n and Agriculture of the Senate on the proposed trigger \n prices.\n ``(E) Notice to country concerned.--Not later than \n 60 days after the President first assesses additional \n duties under this paragraph on over-quota imports of \n agricultural products described in paragraph (3)(B), \n the President shall notify the beneficiary sub-Saharan \n African country where the product was grown, \n manufactured, or produced, in writing of such action \n and shall provide to the country data supporting the \n assessment of the additional duties.\n ``(F) Definitions.--In this paragraph:\n ``(i) F.O.B.--The term `F.O.B.' means free \n on board, regardless of the mode of \n transportation, at the point of direct shipment \n by the seller to the buyer.\n ``(ii) HTS.--The term `HTS' means the \n Harmonized Tariff Schedule of the United \n States.\n ``(iii) Unit import price.--The term `unit \n import price' means the price expressed in \n dollars per kilogram.''.\n (b) Short Supply Provisions.--Section 112(b)(5) of the African \nGrowth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended--\n (1) by amending subparagraph (A) to read as follows:\n ``(A) In general.--Articles that are both cut (or \n knit-to-shape) and sewn or otherwise assembled in one \n or more beneficiary sub-Saharan African countries--\n ``(i) from fabric or yarn which need not be \n originating under General Note 12(t) of the \n Harmonized Tariff Schedule of the United States \n for the apparel article to qualify as \n originating under that Note; or\n ``(ii) from fabric or yarn which--\n ``(I) is the component that \n determines the classification of the \n articles under the Harmonized Tariff \n Schedule of the United States;\n ``(II) is not commercially \n available; and\n ``(III) which the President \n proclaims as eligible for use under \n this paragraph without regard to where \n the fabric or yarn is formed pursuant \n to the procedures set forth in \n subparagraph (B).''; and\n (2) in subparagraph (B), in the matter preceding clause \n (i), by striking ``not described in subparagraph (A)'' and \n inserting ``and thus eligible for use in the production of cut \n components or knit-to-shape components described in \n subparagraph (A)(ii)''.\n (c) User Developed Beneficiary Sub-Saharan African Countries.--\nSection 112(b)(3)(B) of the African Growth and Opportunity Act (19 \nU.S.C. 3721(b)(3)(B)) is amended--\n (1) in clause (ii)--\n (A) in subclause (II), by inserting ``and'' after \n the semicolon; and\n (B) by striking subclauses (III) and (IV) and \n inserting the following:\n ``(III) 2.9285 percent for the 1-\n year period beginning October 2, 2005, \n and for each 1-year period thereafter \n through September 30, 2015.'';\n (2) in clause (iii)--\n (A) in subclause (II), by striking ``and'';\n (B) in subclause (III), by striking the period and \n inserting ``; and''; and\n (C) by adding after subclause (III) the following:\n ``(IV) Mauritius, except that the \n applicable percentage with respect to \n Mauritius shall be 5 percent of the \n applicable percentage described in \n clause (ii)(III).''; and\n (3) by striking clause (iv).","summary":"Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels . Makes such Fund amounts available without further appropriation for expenditures in connection with US commitments to the International Finance Facility. Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price, (2) establish an annual trigger price for each such product. And (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. Includes Mauritius in such extension, with no change in its current limitation of 5 of such applicable percentage.","title":"To implement measures to help alleviate the poor living conditions in Africa.","text_len":17636,"sum_len":1917} {"bill_id":"108_s1911","text":"SECTION 1. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.\n\n (a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19 \nU.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the \nfollowing: ``except an investigation initiated pursuant to section \n302(b)(2)(A) involving rights under the Agreement on Trade-Related \nAspects of Intellectual Property Rights (defined in section 101(d)(15) \nof the Uruguay Round Agreements Act) or the GATT 1994 (referred to in \nsection 101(d)(1) of such Act) relating to products subject to \nintellectual property protection,''.\n (b) Timeframe for TRIPS Agreement Determinations.--Section \n304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows:\n ``(A) If an investigation is initiated under this chapter \n by reason of section 302(b)(2) and--\n ``(i) the Trade Representative considers that \n rights under the Agreement on Trade-Related Aspects of \n Intellectual Property Rights or the GATT 1994 relating \n to products subject to intellectual property protection \n are involved, the Trade Representative shall make the \n determination required under paragraph (1) not later \n than 30 days after the date on which the dispute \n settlement procedure is concluded; or\n ``(ii) the Trade Representative does not consider \n that a trade agreement, including the Agreement on \n Trade-Related Aspects of Intellectual Property Rights), \n is involved or does not make a determination described \n in subparagraph (B) with respect to such investigation, \n the Trade Representative shall make the determinations \n required under paragraph (1) with respect to such \n investigation by no later than the date that is 6 \n months after the date on which such investigation is \n initiated.''.\n (c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of \n1974 is amended by striking ``section 304(a)(3)(A)'' and inserting \n``section 304(a)(3)(A)(ii)''.\n\nSEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA.\n\n (a) ATPA.--Section 203 of the Andean Trade Preference Act (19 \nU.S.C. 3202) is amended by adding at the end the following new \nsubsection:\n ``(g) Petitions for Review.--The United States Trade Representative \nshall ensure a timely review and disposition of requests received from \nan interested party that the President reconsider the status of a \ncountry as a beneficiary country under this Act.''.\n (b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act \n(19 U.S.C. 2702) is amended by adding at the end the following new \nsubsection:\n ``(g) Petitions for Review.--The United States Trade Representative \nshall ensure a timely review and disposition of requests received from \nan interested party that the President reconsider the status of a \ncountry as a beneficiary country under this Act.''.\n\nSEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY \n RIGHTS UNDER GSP.\n\n Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is \namended by striking the semicolon at the end of paragraph (5) and \nadding the following: ``notwithstanding the fact that the foreign \ncountry may be in compliance with the specific obligations of the \nAgreement on Trade-Related Aspects of Intellectual Property Rights \nreferred to in section 101(d)(15) of the Uruguay Round Agreements \nAct;''.\n\nSEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY \n RIGHTS UNDER CBI.\n\n (a) In General.--Section 212(c) of the Caribbean Basin Economic \nRecovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon \nat the end of paragraph (9) and adding the following: ``notwithstanding \nthe fact that the foreign country may be in compliance with the \nspecific obligations of the Agreement on Trade-Related Aspects of \nIntellectual Property Rights referred to in section 101(d)(15) of the \nUruguay Round Agreements Act;''.\n (b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the \nCaribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is \namended to read as follows:\n ``(ii) The extent to which the country \n provides adequate and effective protection of \n intellectual property rights notwithstanding \n the fact that the foreign country may be in \n compliance with the specific obligations of the \n Agreement on Trade-Related Aspects of \n Intellectual Property Rights referred to in \n section 101(d)(15) of the Uruguay Round \n Agreements Act;''.\n\nSEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY \n RIGHTS UNDER THE ATPA.\n\n (a) In General.--Section 203(d) of the Andean Trade Preference Act \n(19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of \nparagraph (9) and adding the following: ``notwithstanding the fact that \nthe foreign country may be in compliance with the specific obligations \nof the Agreement on Trade-Related Aspects of Intellectual Property \nRights referred to in section 101(d)(15) of the Uruguay Round \nAgreements Act;''.\n (b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the \nAndean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to \nread as follows:\n ``(ii) The extent to which the country \n provides adequate and effective protection of \n intellectual property rights notwithstanding \n the fact that the foreign country may be in \n compliance with the specific obligations of the \n Agreement on Trade-Related Aspects of \n Intellectual Property Rights referred to in \n section 101(d)(15) of the Uruguay Round \n Agreements Act.''.","summary":"Amends the Trade Act of 1974 to require the US Trade Representative (USTR) to make specified determinations about US rights within 30 days after a dispute settlement procedure is concluded if the USTR considers that US rights are involved under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection. Amends the Andean Trade Preference Act (ATPA) and the Caribbean Basin Economic Recovery Act (CBERA) to require the USTR to ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under such Acts. Amends the Trade Act of 1974, CBERA, and ATPA to revise the requirement that the President, when making a determination to designate a country as a beneficiary developing country entitled to certain trade benefits, to take into account, among other things, the extent to which such country is providing adequate and effective protection of intellectual property rights. Requires the President to make such determination notwithstanding the fact that the country may be in compliance with TRIPS .","title":"A bill to amend the provisions of title III of the Trade Act of 1974 relating to violations of the TRIPS Agreement, and for other purposes.","text_len":6216,"sum_len":1198} {"bill_id":"112_s898","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Treatment of Polluted \nStormwater Runoff Act'' or the ``STOPS Runoff Act''.\n\nSEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.\n\n (a) In General.--Chapter 3 of title 23, United States Code, is \namended by adding at the end the following:\n\n``SEC. 330. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Control measure.--The term `control measure' means a \n program, structural or nonstructural management practice, \n operational procedure, or policy on or off the project site \n that is intended to prevent, reduce, or control highway runoff \n pollution.\n ``(2) Covered project.--The term `covered project' means a \n rehabilitation, reconfiguration, renovation, major resurfacing, \n or construction project carried out under this title that--\n ``(A) results in a 10-percent or greater increase \n in impervious surface of the aerial extent within the \n right-of-way of the project limit on a Federal-aid \n highway or associated facility; or\n ``(B) results in an increase of 1 acre or more in \n impervious surface coverage.\n ``(3) Highway runoff pollution.--The term `highway runoff \n pollution' means, in relation to a Federal-aid highway, \n associated facility, or control measure retrofit project, one \n or more of the following:\n ``(A) A discharge of sediment, metals, chemicals, \n nitrogen and phosphorous, or oil and grease in runoff.\n ``(B) A discharge of peak flow rate, water \n temperature, or volume of runoff that exceeds \n predevelopment amounts.\n ``(4) Predevelopment hydrology.--The term `predevelopment \n hydrology' means, for project sites covered by this section, \n that--\n ``(A) the precipitation from all rainfall events \n less than or equal to the 95th percentile rain event \n shall be managed on-site through stormwater management \n practices designed, constructed, and maintained to \n prevent off-site discharge, to the maximum extent \n technically feasible; or\n ``(B) runoff typical of natural conditions prior to \n anthropogenic disturbance, as determined by site-\n specific conditions, local meteorology, and continuous \n simulation modeling techniques, are preserved through \n stormwater management practices that are designed, \n constructed, and maintained to manage the volume, rate, \n and temperature of stormwater runoff following \n construction.\n ``(5) Watershed-based environmental management approach.--\n The term `watershed-based environmental management approach' \n means an approach under which--\n ``(A) the selection of solutions that prevent or \n minimize the environmental impact of an individual \n project is made within the broader context of the \n environmental protection and restoration goals of any \n watershed that drains the project site, rather than \n selecting solutions solely based on site level \n considerations; and\n ``(B) priority consideration is given to--\n ``(i) protection of drinking water \n supplies;\n ``(ii) protection and restoration of \n waterways listed by a State as impaired in \n accordance with section 303(d) of the Federal \n Water Pollution Control Act (33 U.S.C. \n 1313(d));\n ``(iii) preservation of aquatic ecosystems \n and fisheries; and\n ``(iv) cost-effective expenditure of \n Federal funds.\n ``(b) Establishment.--The Secretary, with the concurrence of the \nAdministrator of the Environmental Protection Agency, shall establish a \nFederal-aid highway runoff pollution avoidance and management program \nto ensure that covered projects are sited, constructed, and maintained \nin accordance with design standards intended to protect surface and \nground water quality and ensure the long-term management of stormwater \noriginating from Federal-aid highways.\n ``(c) Project Approval.--The Secretary may approve a covered \nproject of a State under section 106 only if the State provides \nassurances satisfactory to the Secretary that the State will site, \ndesign, and construct the covered project in accordance with the design \nstandards described in subsection (d).\n ``(d) Design Standards.--\n ``(1) In general.--The post-construction condition of a \n covered project shall maintain or restore, to the maximum \n extent technically feasible, the predevelopment hydrology of \n the project site with regard to the temperature, rate, chemical \n composition, volume, and duration of flow.\n ``(2) Covered projects in impaired watersheds.--Any covered \n project carried out within a watershed that contains an \n impaired water listed under section 303(d) of the Federal Water \n Pollution Control Act (33 U.S.C. 1313(d)) shall be in \n accordance with--\n ``(A) the load or wasteload allocation requirements \n established by the Administrator of the Environmental \n Protection Agency or the State; and\n ``(B) the requirements relating to predevelopment \n hydrology under paragraph (1).\n ``(3) Additional prioritized requirements.--In addition to \n the requirements described in paragraphs (1) and (2), a covered \n project shall, in the following order of priority--\n ``(A) reduce the creation of highway runoff \n pollution from the covered project by--\n ``(i) avoiding or minimizing the alteration \n of natural features and hydrology; and\n ``(ii) maximizing the use of pollution \n source control measures that use existing \n terrain and natural features, including natural \n drainage ways, soils, and vegetation, to reduce \n creation of pollution from the covered project;\n ``(B) maximize the capture of highway runoff \n pollution created by the covered project through \n control measures, including environmental site design \n techniques and other control measures that promote \n evapotranspiration, infiltration, reuse, and retention; \n and\n ``(C) for highway runoff pollution remaining after \n the application of the onsite measures in subparagraphs \n (A) and (B), use a watershed-based environmental \n management or equivalent approach to avoid adverse \n water quality effects from the covered project \n through--\n ``(i) capture and treatment of highway \n runoff pollution with appropriate control \n measures on the site;\n ``(ii) discharge of highway runoff \n pollution directly to an off-site control \n measure under the control of the State with \n documented capacity to provide functionally and \n quantitatively equivalent management of runoff \n pollution to that required to achieve the \n minimum standards of this subsection for the \n design life of the project; and\n ``(iii) if the control measures described \n in clauses (i) and (ii) are found to be \n technically infeasible based on site conditions \n or other appropriate factors, and an \n appropriate off-site runoff pollution \n mitigation program exists, contribution to a \n mitigation program that would produce \n functionally and quantitatively equivalent or \n greater control and management of runoff \n pollution to that required by this subsection.\n ``(4) Off-site control measures.--Of the control measures \n described in paragraph (3)(C)(iii), the Secretary shall give \n priority to off-site control measures that address the impacts \n of runoff pollution to waterways that are--\n ``(A) listed as impaired in accordance with section \n 303(d) of the Federal Water Pollution Control Act (33 \n U.S.C. 1313(d)); and\n ``(B) located in--\n ``(i) the same 8-digit Hydrologic Unit Code \n as the covered project; or\n ``(ii) the lowest Hydrologic Unit Code that \n is the most protective of the waters receiving \n the discharge.\n ``(e) Guidance.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary, with the \n concurrence of the Administrator of the Environmental \n Protection Agency, shall publish guidance to assist States in \n complying with this section.\n ``(2) Contents of guidance.--The guidance shall include \n guidelines for the establishment of State processes and \n programs that will be used to assist in avoiding, minimizing, \n and managing highway runoff pollution from covered projects in \n accordance with the design standards described in subsection \n (d), including guidelines--\n ``(A) to help States integrate the planning, \n selection, design, and long-term operation and \n maintenance of control measures consistent with the \n design standards in the overall project planning \n process;\n ``(B) for a watershed-based environmental \n management approach to assist projects in achieving \n consistency with the design standards;\n ``(C) for the development and use of off-site \n runoff pollution mitigation programs to achieve \n compliance with the design standards; and\n ``(D) for State inspection and reporting to \n document State compliance and project consistency with \n this section.\n ``(3) Updating standards.--Not later than 5 years after the \n date of publication of the guidance, and every 5 years \n thereafter, the Secretary, with concurrence of the \n Administrator of the Environmental Protection Agency, shall \n update, as applicable, the guidance described in this \n subsection.\n ``(f) Limitation on Statutory Construction.--Nothing in this \nsection affects the applicability of any provision of Federal, State, \nor local law that is more stringent than the requirements of this \nsection.\n ``(g) Reporting.--\n ``(1) In general.--Except as provided in paragraph (2)(A), \n the Secretary shall require each State to submit to the \n Secretary an annual report that describes the highway runoff \n pollution reductions achieved for covered projects carried out \n by the State after the date of enactment of this section.\n ``(2) Reporting requirements under permit.--\n ``(A) In general.--A State shall not be required to \n submit an annual report described in paragraph (1) if \n the State--\n ``(i) is operating Federal-aid highways in \n the State in a post-construction condition in \n accordance with a permit issued under the \n Federal Water Pollution Control Act (33 U.S.C. \n 1251 et seq.);\n ``(ii) is subject to an annual reporting \n requirement under such a permit (regardless of \n whether the permitting authority is a Federal \n or State agency); and\n ``(iii) carries out a covered project with \n respect to a Federal-aid highway in the State \n described in clause (i).\n ``(B) Transmission of report.--A Federal or State \n permitting authority that receives an annual report \n described in subparagraph (A)(ii) shall, upon receipt \n of such a report, transmit a copy of the report to the \n Secretary.''.\n (b) Effective Date.--This Act and the amendments made by this Act \napply to covered projects (as defined in section 330(a)(2) of title 23, \nUnited States Code) (as added by subsection (a)), the construction of \nwhich commences on or after the date that is 1 year after the date of \nenactment of this Act.\n (c) Clerical Amendment.--The analysis for chapter 3 of title 23, \nUnited States Code, is amended by adding at the end the following:\n\n``330. Federal-aid highway runoff pollution management program.''.","summary":"Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT), with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to establish a federal-aid highway runoff pollution avoidance and management program to ensure that covered federal-aid highway projects are sited, constructed, and maintained in accordance with certain design standards to control and treat polluted stormwater runoff from federal-aid highways. Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will site, design, and construct the project in accordance with such standards.","title":"A bill to amend title 23, United States Code, to direct the Secretary to establish a comprehensive design standard program to prevent, control, and treat pollulted stormwater runoff from federally funded highways and roads, and for other purposes.","text_len":14029,"sum_len":719} {"bill_id":"113_hr5815","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Generic Drug Pricing Fairness Act''.\n\nSEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM.\n\n (a) In General.--Section 1860D-12(b) of the Social Security Act (42 \nU.S.C. 1395w-112(b)) is amended by adding at the end the following new \nparagraph:\n ``(7) Pharmacy benefits manager transparency \n requirements.--Each contract entered into with a PDP sponsor \n under this part with respect to a prescription drug plan \n offered by such sponsor shall provide that the PDP may not \n enter into a contract with any pharmacy benefits manager \n (referred to in this paragraph as a `PBM') to manage the \n prescription drug coverage provided under such plan, or to \n control the costs of the prescription drug coverage under such \n plan, unless the PBM adheres to the following criteria when \n handling personally identifiable utilization and claims data or \n other sensitive patient data:\n ``(A) The PBM may not transmit any personally \n identifiable utilization or claims data, with respect \n to a plan enrollee, to a pharmacy owned by a PBM if the \n plan enrollee has not voluntarily elected in writing or \n via secure electronic means to fill that particular \n prescription at the PBM-owned pharmacy.\n ``(B) The PBM may not require that a plan enrollee \n use a retail pharmacy, mail order pharmacy, specialty \n pharmacy, or other pharmacy entity providing pharmacy \n services in which the PBM has an ownership interest or \n that has an ownership interest in the PBM or provide an \n incentive to a plan enrollee to encourage the enrollee \n to use a retail pharmacy, mail order pharmacy, \n specialty pharmacy, or other pharmacy entity providing \n pharmacy services in which the PBM has an ownership \n interest or that has an ownership interest in the PBM, \n if the incentive is applicable only to such \n pharmacies.''.\n (b) Regular Update of Prescription Drug Pricing Standard.--\nParagraph (6) of section 1860D-12(b) of the Social Security Act (42 \nU.S.C. 1395w-112(b)) is amended to read as follows:\n ``(6) Regular update of prescription drug pricing \n standard.--\n ``(A) In general.--If the PDP sponsor of a \n prescription drug plan uses a standard for \n reimbursement (as described in subparagraph (B)) of \n pharmacies based on the cost of a drug, each contract \n entered into with such sponsor under this part with \n respect to the plan shall provide that the sponsor \n shall--\n ``(i) update such standard not less \n frequently than once every 7 days, beginning \n with an initial update on January 1 of each \n year, to accurately reflect the market price of \n acquiring the drug;\n ``(ii) disclose to applicable pharmacies \n the sources used for making any such update;\n ``(iii) if the source for such a standard \n for reimbursement is not publicly available, \n disclose to the applicable pharmacies all \n individual drug prices to be so updated in \n advance of the use of such prices for the \n reimbursement of claims; and\n ``(iv) establish a process to appeal, \n investigate, and resolve disputes regarding \n individual drug prices that are less than the \n pharmacy acquisition price for such drug.\n ``(B) Prescription drug pricing standard defined.--\n For purposes of subparagraph (A), a standard for \n reimbursement of a pharmacy is any methodology or \n formula for varying the pricing of a drug or drugs \n during the term of the pharmacy reimbursement contract \n that is based on the cost of the drug involved, \n including drug pricing references and amounts that are \n based upon average wholesale price, wholesale average \n cost, average manufacturer price, average sales price, \n maximum allowable cost (MAC), or other costs, whether \n publicly available or not.''.\n (c) Effective Date.--The amendments made by this section shall \napply to plan years beginning on or after January 1, 2015.\n\nSEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER \n TRICARE RETAIL PHARMACY PROGRAM.\n\n Section 1074g(d) of title 10, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(3) To the extent practicable, with respect to the TRICARE retail \npharmacy program described in subsection (a)(2)(E)(ii), the Secretary \nshall ensure that a contract entered into with a TRICARE managed care \nsupport contractor includes requirements described in section 1860D-\n12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to \nensure the provision of information regarding the pricing standard for \nprescription drugs.''.\n\nSEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH \n BENEFITS PROGRAM.\n\n (a) In General.--Section 8902 of title 5, United States Code, is \namended by adding at the end the following new subsections:\n ``(p) A contract may not be made or a plan approved under this \nchapter under which a carrier has an agreement with a pharmacy benefits \nmanager (in this subsection referred to as a `PBM') to manage \nprescription drug coverage or to control the costs of the prescription \ndrug coverage unless the carrier and PBM adhere to the following \ncriteria:\n ``(1) The PBM may not transmit any personally identifiable \n utilization or claims data with respect to an individual \n enrolled under such contract or plan to a pharmacy owned by the \n PBM if the individual has not voluntarily elected in writing or \n via secure electronic means to fill that particular \n prescription at such a pharmacy.\n ``(2) The PBM may not require that an individual enrolled \n under such contract or plan use a retail pharmacy, mail order \n pharmacy, specialty pharmacy, or other pharmacy entity \n providing pharmacy services in which the PBM has an ownership \n interest or that has an ownership interest in the PBM or \n provide an incentive to a plan enrollee to encourage the \n enrollee to use a retail pharmacy, mail order pharmacy, \n specialty pharmacy, or other pharmacy entity providing pharmacy \n services in which the PBM has an ownership interest or that has \n an ownership interest in the PBM, if the incentive is \n applicable only to such pharmacies.\n ``(q)(1) If a contract made or plan approved under this chapter \nprovides for a standard for reimbursement (as described in paragraph \n(2)) with respect to a prescription drug plan, such contract or plan \nshall provide that the applicable carrier--\n ``(A) update such standard not less frequently than once \n every 7 days, beginning with an initial update on January 1 of \n each year, to accurately reflect the market price of acquiring \n the drug;\n ``(B) disclose to applicable pharmacies the sources used \n for making any such update;\n ``(C) if the source for such a standard for reimbursement \n is not publicly available, disclose to the applicable \n pharmacies all individual drug prices to be so updated in \n advance of the use of such prices for the reimbursement of \n claims; and\n ``(D) establish a process to appeal, investigate, and \n resolve disputes regarding individual drug prices that are less \n than the pharmacy acquisition price for such drug.\n ``(2) For purposes of paragraph (1), a standard for reimbursement \nof a pharmacy is any methodology or formula for varying the pricing of \na drug or drugs during the term of the pharmacy reimbursement contract \nthat is based on the cost of the drug involved, including drug pricing \nreferences and amounts that are based upon average wholesale price, \nwholesale average cost, average manufacturer price, average sales \nprice, maximum allowable cost, or other costs, whether publicly \navailable or not.''.\n (b) Application.--The amendment made by subsection (a) shall apply \nto any contract entered into under section 8902 of title 5, United \nStates Code, on or after the date of enactment of this section.","summary":"Generic Drug Pricing Fairness Act - Amends part D of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug. Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. Or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately. (2) disclose to pharmacies the sources used for making any such update. (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available. And (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price.","title":"Generic Drug Pricing Fairness Act","text_len":9112,"sum_len":2966} {"bill_id":"106_hr5207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Shawnee Tribe Status Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Cherokee Shawnees, also known as the Loyal \n Shawnees, are recognized as the descendants of the Shawnee \n Tribe which was incorporated into the Cherokee Nation of \n Indians of Oklahoma pursuant to an agreement entered into by \n and between the Shawnee Tribe and the Cherokee Nation on June \n 7, 1869, and approved by the President on June 9, 1869, in \n accordance with Article XV of the July 19, 1866, Treaty between \n the United States and the Cherokee Nation (14 Stat. 799).\n (2) The Shawnee Tribe from and after its incorporation and \n its merger with the Cherokee Nation has continued to maintain \n the Shawnee Tribe's separate culture, language, religion, and \n organization, and a separate membership roll.\n (3) The Shawnee Tribe and the Cherokee Nation have \n concluded that it is in the best interests of the Shawnee Tribe \n and the Cherokee Nation that the Shawnee Tribe be restored to \n its position as a separate federally recognized Indian tribe \n and all current and historical responsibilities, jurisdiction, \n and sovereignty as it relates to the Shawnee Tribe, the \n Cherokee-Shawnee people, and their properties everywhere, \n provided that civil and criminal jurisdiction over Shawnee \n individually owned restricted and trust lands, Shawnee tribal \n trust lands, dependent Indian communities, and all other forms \n of Indian country within the jurisdictional territory of the \n Cherokee Nation and located within the State of Oklahoma shall \n remain with the Cherokee Nation, unless consent is obtained by \n the Shawnee Tribe from the Cherokee Nation to assume all or any \n portion of such jurisdiction.\n (4) On August 12, 1996, the Tribal Council of the Cherokee \n Nation unanimously adopted Resolution 96-09 supporting the \n termination by the Secretary of the Interior of the 1869 \n Agreement.\n (5) On July 23, 1996, the Shawnee Tribal Business Committee \n concurred in such resolution.\n (6) On March 13, 2000, a second resolution was adopted by \n the Tribal Council of the Cherokee Nation (Resolution 15-00) \n supporting the submission of this legislation to Congress for \n enactment.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Cherokee nation.--The term ``Cherokee Nation'' means \n the Cherokee Nation, with its headquarters located in \n Tahlequah, Oklahoma.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (3) Tribe.--The term ``Tribe'' means the Shawnee Tribe, \n known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'', \n which was a party to the 1869 Agreement between the Cherokee \n Nation and the Shawnee Tribe of Indians.\n (4) Trust land.--The term ``trust land'' means land, the \n title to which is held by the United States in trust for the \n benefit of an Indian tribe or individual.\n (5) Restricted land.--The term ``restricted land'' means \n any land, the title to which is held in the name of an Indian \n or Indian tribe subject to restrictions by the United States \n against alienation.\n\nSEC. 4. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PROGRAM \n ELIGIBILITY.\n\n (a) Federal Recognition.--The Federal recognition of the Tribe and \nthe trust relationship between the United States and the Tribe are \nhereby reaffirmed. Except as otherwise provided in this Act, the Act of \nJune 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known as \nthe ``Oklahoma Indian Welfare Act''), and all laws and rules of law of \nthe United States of general application to Indians, Indian tribes, or \nIndian reservations which are not inconsistent with this Act shall \napply to the Tribe, and to its members and lands. The Tribe is hereby \nrecognized as an independent tribal entity, separate from the Cherokee \nNation or any other Indian tribe.\n (b) Program Eligibility.--\n (1) In general.--Subject to the provisions of this \n subsection, the Tribe and its members are eligible for all \n special programs and services provided by the United States to \n Indians because of their status as Indians.\n (2) Continuation of benefits.--Except as provided in \n paragraph (3), the members of the Tribe who are residing on \n land recognized by the Secretary to be within the Cherokee \n Nation and eligible for Federal program services or benefits \n through the Cherokee Nation shall receive such services or \n benefits through the Cherokee Nation.\n (3) Administration by tribe.--The Tribe shall be eligible \n to apply for and administer the special programs and services \n provided by the United States to Indians because of their \n status as Indians, including such programs and services within \n land recognized by the Secretary to be within the Cherokee \n Nation, in accordance with applicable laws and regulations to \n the same extent that the Cherokee Nation is eligible to apply \n for and administer programs and services, but only--\n (A) if the Cherokee Nation consents to the \n operation by the Tribe of federally funded programs and \n services;\n (B) if the benefits of such programs or services \n are to be provided to members of the Tribe in areas \n recognized by the Secretary to be under the \n jurisdiction of the Tribe and outside of land \n recognized by the Secretary to be within the Cherokee \n Nation, provided that those members are not receiving \n such programs or services from another Indian tribe; or\n (C) if under applicable provisions of Federal law, \n the Cherokee Nation is not eligible to apply for and \n administer such programs or services.\n (4) Duplication of services not allowed.--The Tribe shall \n not be eligible to apply for or administer any Federal programs \n or services on behalf of Indian recipients if such recipients \n are receiving or are eligible to receive the same federally \n funded programs or services from the Cherokee Nation.\n (5) Cooperative agreements.--Nothing in this section shall \n restrict the Tribe and the Cherokee Nation from entering into \n cooperative agreements to provide such programs or services and \n such funding agreements shall be honored by Federal agencies, \n unless otherwise prohibited by law.\n\nSEC. 5. ESTABLISHMENT OF A TRIBAL ROLL.\n\n (a) Approval of Base Roll.--Not later than 180 days after the date \nof enactment of this Act, the Tribe shall submit to the Secretary for \napproval its base membership roll, which shall include only individuals \nwho are not members of any other federally recognized Indian tribe or \nwho have relinquished membership in such tribe and are eligible for \nmembership under subsection (b).\n (b) Base Roll Eligibility.--An individual is eligible for \nenrollment on the base membership roll of the Tribe if that \nindividual--\n (1) is on, or eligible to be on, the membership roll of \n Cherokee Shawnees maintained by the Tribe prior to the date of \n enactment of this Act which is separate from the membership \n roll of the Cherokee Nation; or\n (2) is a lineal descendant of any person--\n (A) who was issued a restricted fee patent to land \n pursuant to Article 2 of the Treaty of May 10, 1854, \n between the United States and the Tribe (10 Stat. \n 1053); or\n (B) whose name was included on the 1871 Register of \n names of those members of the Tribe who moved to, and \n located in, the Cherokee Nation in Indian Territory \n pursuant to the Agreement entered into by and between \n the Tribe and the Cherokee Nation on June 7, 1869.\n (c) Future Membership.--Future membership in the Tribe shall be as \ndetermined under the eligibility requirements set out in subsection \n(b)(2) or under such future membership ordinance as the Tribe may \nadopt.\n\nSEC. 6. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.\n\n (a) Existing Constitution and Governing Body.--The existing \nconstitution and bylaws of the Cherokee Shawnee and the officers and \nmembers of the Shawnee Tribal Business Committee, as constituted on the \ndate of enactment of this Act, are hereby recognized respectively as \nthe governing documents and governing body of the Tribe.\n (b) Constitution.--Notwithstanding subsection (a), the Tribe shall \nhave a right to reorganize its tribal government pursuant to section 3 \nof the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).\n\nSEC. 7. TRIBAL LAND.\n\n (a) Land Acquisition.--\n (1) In general.--The Tribe shall be eligible to have land \n acquired in trust for its benefit pursuant to section 5 of the \n Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section \n 1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).\n (2) Certain land in oklahoma.--Notwithstanding any other \n provision of law but subject to subsection (b), if the Tribe \n transfers any land within the boundaries of the State of \n Oklahoma to the Secretary, the Secretary shall take such land \n into trust for the benefit of the Tribe.\n (b) Restriction.--No land recognized by the Secretary to be within \nthe Cherokee Nation or any other Indian tribe may be taken into trust \nfor the benefit of the Tribe under this section without the consent of \nthe Cherokee Nation or such other tribe, respectively.\n\nSEC. 8. JURISDICTION.\n\n (a) In General.--The Tribe shall have jurisdiction over trust land \nand restricted land of the Tribe and its members to the same extent \nthat the Cherokee Nation has jurisdiction over land recognized by the \nSecretary to be within the Cherokee Nation and its members, but only if \nsuch land--\n (1) is not recognized by the Secretary to be within the \n jurisdiction of another federally recognized tribe; or\n (2) has been placed in trust or restricted status with the \n consent of the federally recognized tribe within whose \n jurisdiction the Secretary recognizes the land to be, and only \n to the extent that the Tribe's jurisdiction has been agreed to \n by that host tribe.\n (b) Rule of Construction.--Nothing in this Act shall be construed \nto diminish or otherwise limit the jurisdiction of any Indian tribe \nthat is federally recognized on the day before the date of enactment of \nthis Act over trust land, restricted land, or other forms of Indian \ncountry of that Indian tribe on such date.\n\nSEC. 9. INDIVIDUAL INDIAN LAND.\n\n Nothing in this Act shall be construed to affect the restrictions \nagainst alienation of any individual Indian's land and those \nrestrictions shall continue in force and effect.\n\nSEC. 10. TREATIES NOT AFFECTED.\n\n No provision of this Act shall be construed to constitute an \namendment, modification, or interpretation of any treaty to which a \ntribe mentioned in this Act is a party nor to any right secured to such \na tribe or to any other tribe by any treaty.","summary":"Makes the Tribe and its members eligible for all special programs and services provided by the United States to Indians. Requires the Tribe to submit its base membership roll to the Secretary of the Interior for approval. Recognizes the Tribe's constitution and bylaws and governing body. Makes the Tribe eligible to have land acquired in trust for its benefit. Grants the Tribe jurisdiction over its and its members' trust and restricted land.","title":"Shawnee Tribe Status Act of 2000","text_len":11831,"sum_len":444} {"bill_id":"103_hr4279","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tobacco Advertising and Promotion \nStudies Act of 1994''.\n\nSEC. 2. FINDINGS.\n\n (a) Advertising.--The Congress makes the following findings \nrespecting advertising of tobacco products:\n (1) The tobacco industry spends over $4 billion annually to \n advertise and promote cigarette products.\n (2) Since 1964, the tobacco industry has had a voluntary \n advertising code which it claims was implemented to \n sufficiently ensure against children and teenagers being \n encouraged to smoke cigarettes and which, according to the \n tobacco industry, prohibits the advertising of cigarette \n products from making implied or direct health claims.\n (3) The voluntary advertising code which the tobacco \n industry claims is a sufficient safeguard against improper \n advertising and marketing practices recommends that cigarette \n advertising shall not suggest that cigarette smoking is \n ``essential'' to sexual attraction, success, sophistication, or \n good health and that models in cigarette advertisements shall \n be at least 25 years of age and shall not be made to appear \n under such age.\n (4) Despite the existence of, and alleged compliance by the \n tobacco industry with, the voluntary advertising code, a number \n of studies have shown that cigarette advertising may be an \n important factor in encouraging youth, women, and minorities to \n take up the cigarette smoking habit and may reinforce decisions \n to continue to smoke.\n (b) Women.--The Congress makes the following findings respecting \nwomen and tobacco:\n (1) The fastest growing sector of smokers in the United \n States are women under the age of 23. Approximately 2,000 girls \n and young women smoke their first cigarette every day.\n (2) It is expected that between the years 2005 and 2010, \n the number of women dying from smoking related diseases will \n exceed the number of men so dying.\n (3) Each year tobacco kills more than 147,000 women in the \n United States, mostly through cigarette smoking induced heart \n disease, lung cancer, and other lung diseases.\n (4) As smoking by women has increased, lung cancer in women \n has skyrocketed. In 1987 lung cancer surpassed breast cancer as \n the leading cancer killer of women.\n (5) Women who smoke as little as 1 to 4 cigarettes each day \n increase their risk of heart attack by 2 to 3 times.\n (6) In 1991 for the first time in more than a decade the \n prevalence of smoking among women actually increased rather \n than decreased.\n (7) Women who smoke cigarettes during pregnancy increase \n the risk for low birth weight and premature infants, \n miscarriage, stillbirths, sudden infant death syndrome, and \n infant mortality.\n (8) Pregnant women who smoke deliver babies an average of \n one-half inch shorter and 7 ounces lighter than the babies of \n nonsmoking mothers. There is a 25 to 50 percent higher rate of \n fetal and infant death among women who smoke during pregnancy \n compared with those who do not smoke. It is estimated that \n 4,000 infants die each year because of their mother's smoking.\n (9) Approximately 44 percent of all women who currently \n smoke have attempted to quit smoking in the past year.\n (10) Cigarette smoking increases women's risk of \n contracting cervical cancer.\n (c) Minorities.--The Congress makes the following findings \nrespecting minorities and tobacco:\n (1) Tobacco use by African-Americans is responsible for \n nearly 48,000 deaths each year in the United States.\n (2) Tobacco companies aggressively target members of the \n African-American community and the growing Hispanic population, \n particularly in the urban, inner-city environment.\n (3) As of 1991, 29.2 percent of African-American adults \n (aged 18 and older) smoked cigarettes, including 35.1 percent \n of African-American men and 24.4 percent of African-American \n women.\n (4) As of 1991, 16 percent of Asian\/Pacific Islander adults \n (aged 18 and older) smoked cigarettes, including 24.2 percent \n of Asian\/Pacific Islander men and 7.5 percent of Asian\/Pacific \n Islander women.\n (5) As of 1991, 31.4 percent of American Indian\/Alaskan \n Natives adults (aged 18 and older) smoked cigarettes, including \n 27.9 percent of American Indian\/Alaskan Natives men and 35.2 \n percent of American Indian\/Alaskan Natives women.\n (6) As of 1991, 20.2 percent of Hispanic adults (aged 18 \n and older) smoked cigarettes, including 25.2 percent of \n Hispanic men and 15.5 percent of Hispanic women.\n (7) African Americans suffer from tobacco-related disease \n at a higher rate than whites, including a higher incidence of \n respiratory system, esophagus, and oral cavity cancers.\n (8) Lung cancer is increasing among Hispanic men.\n\nSEC. 3. TOBACCO ADVERTISING STUDIES.\n\n (a) Studies.--The Federal Trade Commission shall conduct the \nfollowing studies which should be based on existing studies and on \nsignificant original market research:\n (1) Women and minorities.--A study of current tobacco \n advertising to determine--\n (A) if and in what forms such advertising and \n promotion uses themes, graphics, and techniques which \n are likely to appeal specifically to (i) girls and \n women and (ii) minorities in ways that make smoking \n attractive to them, and\n (B) whether targeting girls, women, and minorities \n increases tobacco use.\n In connection with such study, advertising of alcoholic \n beverages shall be reviewed to determine the extent to which \n such advertising targets girls and women and minorities.\n (2) Weight loss and maintenance.--\n (A) In general.--A study of current cigarette \n advertising and promotion to investigate the targeting \n of girls and women in cigarette advertising and \n promotion and tobacco companies' use of messages in \n their advertising and promotion, explicitly or \n implicitly, concerning weight loss and weight \n maintenance, the wording and overall imagery used in \n such advertising and promotion and its impact on girls \n and women, and the perception of girls and women, \n including smokers and non-smokers, of the relation \n between the use of tobacco and weight control and \n maintenance.\n (B) Terms and imagery.--In conducting the study \n under subparagraph (A), the Federal Trade Commission \n shall examine the following:\n (i) Whether women interpret the use of the \n terms ``slim'', ``light'', ``thin'', \n ``superslim'', and related terms and the shape \n of cigarettes employing such terms as implying \n that cigarette smoking results in weight loss \n or weight maintenance.\n (ii) Whether girl's and women's \n interpretation of such terms and imagery \n accurately reflects the actual effect of \n cigarette smoking on weight. In particular, \n whether girls and women are knowledgeable about \n the transient and reversible nature of any \n smoking induced weight loss, the precise \n magnitude of weight loss which may be \n experienced upon the taking up of smoking, and \n the precise magnitude of weight gain which may \n be experienced upon smoking cessation.\n (iii) The relative impact of cigarette \n smoking on the health of girls and women and \n whether or not girls and women are \n knowledgeable about the impact of smoking on \n their health.\n (iv) Whether the Federal Trade Commission \n has authority to take action with respect to \n advertising and promotion using such terms and \n imagery.\n (v) To the extent that the Federal Trade \n Commission does not have the authority to take \n needed action, what legislation is needed to \n enable the Commission to take action necessary \n to fully remedy the study's findings.\n (3) Low yield tobacco products.--\n (A) In general.--A study of current cigarette \n advertising and promotion to investigate the apparent \n targeting of girls and women and tobacco companies use \n of messages concerning so called low tar\/low nicotine \n cigarettes (hereafter in this paragraph referred to as \n ``low yield cigarettes''). This shall include the \n wording and overall imagery used in advertising and \n promotion for low yield cigarettes and the impact of \n such advertising and promotion on both male and female \n user's perception of the relative risk of smoking such \n cigarettes as opposed to the smoking of non low yield \n cigarettes or quitting smoking.\n (B) Terms.--In conducting the study under \n subparagraph (A), the Federal Trade Commission shall \n examine the following:\n (i) Whether men and women tend to interpret \n messages and imagery used in the advertising \n and promotion of low yield cigarettes to \n indicate that smoking such cigarettes is less \n hazardous than smoking other cigarettes. The \n Commission shall look at consumer's perception \n of a wide range of health risks, including \n cardiovascular disease, lung and other cancers, \n pulmonary diseases, risks during pregnancy, \n risk of environmental tobacco smoke exposure to \n surrounding individuals, and other risks and \n attempt to quantify the degree of risk \n reduction perceived by the reasonable consumer. \n In addition, the Commission shall examine \n whether the perception of male and female \n smokers differ in this regard.\n (ii) Whether men's and women's \n interpretation of the wording and imagery used \n in advertising and promotion of low yield \n cigarettes, as determined under clause (i), \n accurately reflects the health hazards of \n cigarettes.\n (iii) Whether men and women who smoke are \n likely to be influenced to smoke low yield \n cigarettes rather than quit smoking because of \n the advertising and promotion of such \n cigarettes. In this regard, the Commission \n shall examine whether smokers tend to differ \n according to whether or not they report being \n concerned about smoking's negative impact on \n their health and whether male and female \n smokers tend to differ from each other in this \n regard.\n (iv) The relative likely impact of smoking \n of low yield cigarettes on men's and women's \n health relative to quitting smoking.\n (v) Whether the Federal Trade Commission \n has the authority to take action with respect \n to advertising and promotion of low yield \n cigarettes.\n (vi) To the extent that the Commission does \n not have the authority to take needed action, \n what legislation is needed to enable the \n Commission to take action necessary to fully \n remedy the study's findings.\n (4) Demographics.--\n (A) In general.--A study of the demographics of \n targeted audiences of cigarette advertising and \n promotions which appear to be targeted at girls, women, \n and minorities, including the age, gender, race, \n ethnicity, and socio-economic groups of the girls, \n women, and minorities and, in the case of minorities, \n the demographics of such advertising and promotions for \n smokeless tobacco products.\n (B) Focus.--In conducting the study under \n subparagraph (A), the Federal Trade Commission shall \n identify--\n (i) the media used to apparently target the \n groups described in subparagraph (A), including \n the types of publications used with their \n demographic profile, including the demographic \n profile of readers under the age of 18,\n (ii) the types of promotions used, giving \n information about specific venues, and\n (iii) the amount of money spent in each \n category.\n (b) Report.--The Federal Trade Commission shall complete each of \nthe studies identified in subsection (a) not later than 9 months after \nthe date of the enactment of this Act and shall, not later than 12 \nmonths after such date, report to the Congress--\n (1) the results of such studies,\n (2) whether the Federal Trade Commission has the authority \n to take action on the study's findings,\n (3) any actions the Commission proposes to take on the \n basis of such findings, and\n (4) to the extent that the Commission does not have the \n authority to take needed action, what legislation is needed to \n enable the Commission to take action necessary to fully remedy \n the study's findings.","summary":"Tobacco Advertising and Promotion Studies Act of 1994 - Directs the Federal Trade Commission to study and report to the Congress on specified aspects of tobacco advertising and promotion targeted at women and certain ethnic groups.","title":"Tobacco Advertising and Promotion Studies Act of 1994","text_len":15398,"sum_len":231} {"bill_id":"112_s1914","text":"SECTION 1. SHORT TITLE; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Cut Energy Bills \nat Home Act''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. PERFORMANCE BASED HOME ENERGY IMPROVEMENTS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nis amended by adding at the end the following new section:\n\n``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this chapter for the \ntaxable year for a qualified whole home energy efficiency retrofit an \namount determined under subsection (b).\n ``(b) Amount Determined.--\n ``(1) In general.--Subject to paragraph (4), the amount \n determined under this subsection is equal to--\n ``(A) the base amount under paragraph (2), \n increased by\n ``(B) the amount determined under paragraph (3).\n ``(2) Base amount.--For purposes of paragraph (1)(A), the \n base amount is $2,000, but only if the energy use for the \n residence is reduced by at least 20 percent below the baseline \n energy use for such residence as calculated according to \n paragraph (5).\n ``(3) Increase amount.--For purposes of paragraph (1)(B), \n the amount determined under this paragraph is $500 for each \n additional 5 percentage point reduction in energy use.\n ``(4) Limitation.--In no event shall the amount determined \n under this subsection exceed the lesser of--\n ``(A) $5,000 with respect to any residence, or\n ``(B) 30 percent of the qualified home energy \n efficiency expenditures paid or incurred by the \n taxpayer under subsection (c) with respect to such \n residence.\n ``(5) Determination of energy use reduction.--For purposes \n of this subsection--\n ``(A) In general.--The reduction in energy use for \n any residence shall be determined by modeling the \n annual predicted percentage reduction in total energy \n costs for heating, cooling, hot water, and permanent \n lighting. It shall be modeled using computer modeling \n software approved under subsection (d)(2) and a \n baseline energy use calculated according to subsection \n (d)(1)(C).\n ``(B) Energy costs.--For purposes of subparagraph \n (A), the energy cost per unit of fuel for each fuel \n type shall be determined by dividing the total actual \n energy bill for the residence for that fuel type for \n the most recent available 12-month period by the total \n energy units of that fuel type used over the same \n period.\n ``(c) Qualified Home Energy Efficiency Expenditures.--For purposes \nof this section, the term `qualified home energy efficiency \nexpenditures'--\n ``(1) means any amount paid or incurred by the taxpayer \n during the taxable year for a qualified whole home energy \n efficiency retrofit, including the cost of diagnostic \n procedures, labor, and modeling,\n ``(2) includes only measures that have an average estimated \n life of 5 years or more as determined by the Secretary, after \n consultation with the Secretary of Energy,\n ``(3) does not include any amount which is paid or incurred \n in connection with any expansion of the building envelope of \n the residence, and\n ``(4) does not include improvements to swimming pools or \n hot tubs or any other expenditure specifically excluded by the \n Secretary, after consultation with the Secretary of Energy.\n ``(d) Qualified Whole Home Energy Efficiency Retrofit.--For \npurposes of this section--\n ``(1) In general.--The term `qualified whole home energy \n efficiency retrofit' means the implementation of measures \n placed in service during the taxable year intended to reduce \n the energy use of the principal residence of the taxpayer which \n is located in the United States. A qualified whole home energy \n efficiency retrofit shall--\n ``(A) be designed, implemented, and installed by a \n contractor which is--\n ``(i) accredited by the Building \n Performance Institute (hereafter in this \n section referred to as `BPI') or a preexisting \n BPI accreditation-based State certification \n program with enhancements to achieve State \n energy policy,\n ``(ii) a Residential Energy Services \n Network (hereafter in this section referred to \n as `RESNET') accredited Energy Smart Home \n Performance Team, or\n ``(iii) accredited by an equivalent \n certification program approved by the \n Secretary, after consultation with the \n Secretary of Energy, for this purpose,\n ``(B) install a set of measures modeled to achieve \n a reduction in energy use of at least 20 percent below \n the baseline energy use established in subparagraph \n (C), using computer modeling software approved under \n paragraph (2),\n ``(C) establish the baseline energy use by \n calibrating the model using sections 3 and 4 and Annex \n D of BPI Standard BPI-2400-S-2011: Standardized \n Qualification of Whole House Energy Savings Estimates, \n or an equivalent standard approved by the Secretary, \n after consultation with Secretary of Energy, for this \n purpose,\n ``(D) document the measures implemented in the \n residence through photographs taken before and after \n the retrofit, including photographs of its visible \n energy systems and envelope as relevant, and\n ``(E) implement a test-out procedure, following \n guidelines of the applicable certification program \n specified under clause (i) or (ii) of subparagraph (A), \n or equivalent guidelines approved by the Secretary, \n after consultation with the Secretary of Energy, for \n this purpose, to ensure--\n ``(i) the safe operation of all systems \n post retrofit, and\n ``(ii) that all improvements are included \n in, and have been installed according to, \n standards of the applicable certification \n program specified under clause (i) or (ii) of \n subparagraph (A), or equivalent standards \n approved by the Secretary, after consultation \n with the Secretary of Energy, for this purpose.\n For purposes of subparagraph (A)(iii), an organization \n or State may submit an equivalent certification program \n for approval by the Secretary, in consultation with the \n Secretary of Energy. The Secretary shall approve or \n deny such submission not later than 180 days after \n receipt, and, if the Secretary fails to respond in that \n time period, the submitted equivalent certification \n program shall be considered approved.\n ``(2) Approved modeling software.--For purposes of \n paragraph (1)(B), the contractor shall use modeling software \n certified by RESNET as following the software verification test \n suites in section 4.2.1 of RESNET Publication No. 06-001 or \n certified by an alternative organization as following an \n equivalent standard, as approved by the Secretary, after \n consultation with the Secretary of Energy, for this purpose.\n ``(3) Documentation.--The Secretary, after consultation \n with the Secretary of Energy, shall prescribe regulations \n directing what specific documentation is required to be \n retained or submitted by the taxpayer in order to claim the \n credit under this section, which shall include, in addition to \n the photographs under paragraph (1)(D), a form approved by the \n Secretary that is completed and signed by the qualified whole \n home energy efficiency retrofit contractor under penalties of \n perjury. Such form shall include--\n ``(A) a statement that the contractor followed the \n specified procedures for establishing baseline energy \n use and estimating reduction in energy use,\n ``(B) the name of the software used for calculating \n the baseline energy use and reduction in energy use, \n the percentage reduction in projected energy savings \n achieved, and a statement that such software was \n certified for this program by the Secretary, after \n consultation with the Secretary of Energy,\n ``(C) a statement that the contractor will retain \n the details of the calculations and underlying energy \n bills for 5 years and will make such details available \n for inspection by the Secretary or the Secretary of \n Energy, if so requested,\n ``(D) a list of measures installed and a statement \n that all measures included in the reduction in energy \n use estimate are included in, and installed according \n to, standards of the applicable certification program \n specified under clause (i) or (ii) of subparagraph (A), \n or equivalent standards approved by the Secretary, \n after consultation with the Secretary of Energy,\n ``(E) a statement that the contractor meets the \n requirements of paragraph (1)(A), and\n ``(F) documentation of the total cost of the \n project in order to comply with the limitation under \n subsection (b)(4)(B).\n ``(e) Additional Rules.--For purposes of this section--\n ``(1) No double benefit.--\n ``(A) In general.--With respect to any residence, \n no credit shall be allowed under this section for any \n taxable year in which the taxpayer claims a credit \n under section 25C.\n ``(B) Renewable energy systems and appliances.--In \n the case of a renewable energy system or appliance that \n qualifies for another credit under this chapter, the \n resulting reduction in energy use shall not be taken \n into account in determining the percentage energy use \n reductions under subsection (b).\n ``(C) No double benefit for certain expenditures.--\n The term `qualified home energy efficiency \n expenditures' shall not include any expenditure for \n which a deduction or credit is claimed by the taxpayer \n under this chapter for the taxable year or with respect \n to which the taxpayer receives any Federal energy \n efficiency rebate.\n ``(2) Principal residence.--The term `principal residence' \n has the same meaning as when used in section 121.\n ``(3) Special rules.--Rules similar to the rules under \n paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and \n section 25C(e)(2) shall apply, as determined by the Secretary, \n after consultation with the Secretary of Energy.\n ``(4) Basis adjustments.--For purposes of this subtitle, if \n a credit is allowed under this section with respect to any \n expenditure with respect to any property, the increase in the \n basis of such property which would (but for this paragraph) \n result from such expenditure shall be reduced by the amount of \n the credit so allowed.\n ``(5) Election not to claim credit.--No credit shall be \n determined under subsection (a) for the taxable year if the \n taxpayer elects not to have subsection (a) apply to such \n taxable year.\n ``(6) Multiple year retrofits.--If the taxpayer has claimed \n a credit under this section in a previous taxable year, the \n baseline energy use for the calculation of reduced energy use \n must be established after the previous retrofit has been placed \n in service.\n ``(f) Termination.--This section shall not apply with respect to \nany costs paid or incurred after December 31, 2016.\n ``(g) Secretary Review.--The Secretary, after consultation with the \nSecretary of Energy, shall establish a review process for the retrofits \nperformed, including an estimate of the usage of the credit and a \nstatistically valid analysis of the average actual energy use \nreductions, utilizing utility bill data collected on a voluntary basis, \nand report to Congress not later than June 30, 2014, any findings and \nrecommendations for--\n ``(1) improvements to the effectiveness of the credit under \n this section, and\n ``(2) expansion of the credit under this section to rental \n units.''.\n (b) Conforming Amendments.--\n (1) Section 1016(a) is amended--\n (A) by striking ``and'' at the end of paragraph \n (36),\n (B) by striking the period at the end of paragraph \n (37) and inserting ``, and'', and\n (C) by adding at the end the following new \n paragraph:\n ``(38) to the extent provided in section 25E(e)(4), in the \n case of amounts with respect to which a credit has been allowed \n under section 25E.''.\n (2) Section 6501(m) is amended by inserting ``25E(e)(5),'' \n after ``section''.\n (3) The table of sections for subpart A of part IV of \n subchapter A chapter 1 is amended by inserting after the item \n relating to section 25D the following new item:\n\n``Sec. 25E. Performance based energy improvements.''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred for a qualified whole home energy \nefficiency retrofit placed in service after December 31, 2011.","summary":"Cut Energy Bills at Home Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for the cost of a qualified whole home energy efficiency retrofit for the purpose of reducing the energy use of the taxpayer's principal residence. Limits the amount of such credit to the lesser of $5,000 or 30 of the qualified home energy efficiency expenditures paid by the taxpayer to reduce residential energy use. Sets forth requirements for a qualified whole home energy efficiency retrofit, including design, testing, and documentation requirements. Terminates such credit after 2016. Directs the Secretary of the Treasury to establish a review process for home energy efficiency retrofits, including an estimate of usage of the tax credit and an analysis of the average actual energy use reductions.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a credit for performance based home energy improvements, and for other purposes.","text_len":15382,"sum_len":814} {"bill_id":"114_hr3039","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Providing Retaliation Options \nagainst Those Engaging in Cyberattacks Targeting the United States \nAct'' or ``PROTECT US Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Article XXI of the GATT 1994 (as such term is defined \n in section 2(1)(B) of the Uruguay Round Agreements Act (19 \n U.S.C. 3501(1)(B))) allows a member of the World Trade \n Organization to take any action which such member considers \n necessary for the protection of such member's essential \n security interests.\n (2) Protecting the United States from malicious cyber-\n enabled activities is essential to the security interests of \n the United States.\n\nSEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS.\n\n (a) In General.--The President is authorized to impose penalties \ndescribed in subsection (c) with respect to each country on the list \nrequired by subsection (b).\n (b) List of State-Sponsors of Cyberattacks.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, the President shall submit to \n Congress a list of countries designated as state-sponsors of \n cyberattacks pursuant to paragraph (2).\n (2) Countries designated.--If the President, in \n consultation with the Secretary of Homeland Security, the \n Secretary of Defense, the Attorney General, and the Chairman of \n the United States International Trade Commission, determines \n that the United States or a United States person has been \n targeted in a malicious cyber-enabled activity originating \n from, or directed by a person located, in whole or in \n substantial part, in a foreign country, and such activity is \n reasonably likely to result in, or have materially contributed \n to, a threat to the national security or foreign policy of the \n United States, or harmed the economic health or financial \n stability of the United States or a United States person, or \n has the purpose or effect of--\n (A) harming or otherwise significantly compromising \n the provision of services by a computer or network of \n computers that support the United States or a United \n States person in a critical infrastructure sector,\n (B) significantly compromising the provision of \n services by the United States or a United States person \n in a critical infrastructure sector,\n (C) causing significant disruption to the \n availability of a computer or network of computers \n owned or operated by the United States or a United \n States person, or\n (D) causing a significant misappropriation of funds \n or economic resources, trade secrets, personally \n identifiable information, or financial information of \n the United States or a United States person,\n the President shall designate such country as a state-sponsor \n of cyberattacks.\n (3) Updates of list.--The President shall submit to \n Congress an updated list under paragraph (1) as new information \n becomes available.\n (c) Penalties.--\n (1) Trade-related penalty.--The President may impose a \n duty, in addition to any other duty imposed, on any article or \n service imported directly or indirectly into the United States \n that is produced in whole or in part in a country that is \n included on the list of state-sponsors of cyberattacks required \n by subsection (b).\n (2) Other actions.--The President may take any of the \n following actions with respect to a country that is included on \n the list of state-sponsors of cyberattacks required by \n subsection (b):\n (A) A private demarche.\n (B) An official public demarche.\n (C) A public condemnation.\n (D) A public condemnation within one or more \n multilateral fora.\n (E) The delay or cancellation of one or more \n scientific exchanges.\n (F) The delay or cancellation of one or more \n cultural exchanges.\n (G) The denial of one or more working, official, or \n state visits.\n (H) The delay or cancellation of one or more \n working, official, or state visits.\n (I) The withdrawal, limitation, or suspension of \n United States development assistance under chapter 1 of \n part I of the Foreign Assistance Act of 1961.\n (J) Directing the Export-Import Bank of the United \n States, the Overseas Private Investment Corporation, or \n the Trade and Development Agency to not approve the \n issuance of any (or a specified number of) guarantees, \n insurance, extensions of credit, or participations in \n extensions of credit.\n (K) The withdrawal, limitation, or suspension of \n United States security assistance under part II of the \n Foreign Assistance Act of 1961.\n (L) Consistent with section 701 of the \n International Financial Institutions Act, directing the \n United States Executive Directors at international \n financial institutions to oppose and vote against loans \n primarily benefitting the country.\n (M) Ordering the heads of the appropriate United \n States agencies to not issue any (or a specified number \n of) specific licenses, and to not grant any other \n specific authority (or a specified number of \n authorities), to export any goods or technology to such \n country under--\n (i) the Export Administration Act of 1979 \n (as continued in effect pursuant the \n International Emergency Economic Powers Act);\n (ii) the Arms Export Control Act;\n (iii) the Atomic Energy Act of 1954; or\n (iv) any other statute that requires the \n prior review and approval of the United States \n Government as a condition for the export or re-\n export of goods or services.\n (N) Prohibiting any United States financial \n institution from making loans or providing credits.\n (O) Prohibiting the United States Government from \n procuring, or entering into any contract for the \n procurement of, any goods or services.\n (P) Suspension or withdrawal of extension of \n nondiscriminatory treatment to the products of the \n country pursuant to section 404 of the Trade Act of \n 1974.\n (Q) Ordering a trade embargo.\n (R) Ordering a cyber counterattack.\n (d) Removal From List.--\n (1) In general.--A country may be removed from the list of \n state-sponsors of cyberattacks required by subsection (b) if--\n (A) the President determines that the country no \n longer meets the requirements for designation as a \n state-sponsor of cyberattacks under subsection (b)(2); \n or\n (B) Congress enacts a law that provides for such \n removal.\n (2) Moratorium.--\n (A) In general.--A country that has been removed \n from the list pursuant to paragraph (1)(B) may not be \n added back to the list by the President until at least \n the date that is one year after the date of such \n removal.\n (B) Rule of construction.--Nothing in this \n paragraph shall be construed as prohibiting Congress \n from adding a country that has been removed from the \n list pursuant to paragraph (1)(B) back to the list by a \n date that is earlier than the date described in \n subparagraph (A).\n (e) Definitions.--In this section:\n (1) Critical infrastructure sector.--The term ``critical \n infrastructure sector'' means any of the designated critical \n infrastructure sectors identified in Presidential Policy \n Directive 21.\n (2) Entity.--The term ``entity'' means a partnership, \n association, trust, joint venture, corporation, group, \n subgroup, government, or other organization.\n (3) List.--The term ``list'' means the list of state-\n sponsors of cyberattacks.\n (4) Misappropriation.--The term ``misappropriation'' means \n any taking or obtaining by improper means, without permission \n or consent, or under false pretenses.\n (5) Person.--The term ``person'' means a natural person or \n an entity.\n (6) United states person.--The term ``United States \n person'' shall be broadly construed to include but not be \n limited to any United States citizen, permanent resident alien, \n entity organized under the laws of the United States or any \n jurisdiction within the United States (including foreign \n branches), any governmental or quasi-governmental entity \n existing in the United States, or any other person in the \n United States.","summary":"Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act or PROTECT US Act This bill directs the President to submit to Congress a list of countries designated as state-sponsors of cyberattacks. A country shall be so designated if the President determines that the United States or a US person has been targeted in a cyber-enabled activity originating from or directed by a person located in a foreign country, and such activity is likely to result in or have contributed to a threat to US national security or foreign policy, or harmed US economic health or financial stability or a US person, or has the purpose or effect of: harming or compromising the provision of services by a computer or network of computers that support the United States or a US person in a critical infrastructure sector. Compromising the provision of services by the United States or a US person in a critical infrastructure sector. Disrupting the availability of a computer or network of computers owned or operated by the United States or a US person. Or causing a misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information of the United States or a US person. The President may impose a trade-related penalty and take other actions, including assistance limitations, trade embargoes, and cyber counter attacks, with respect to a designated country. A country may be removed from the list of state-sponsors of cyberattacks if: (1) the President determines that it no longer meets the requirements for the designation, or (2) Congress enacts a law providing for such removal. A country that has been removed from the list by Congress may not be added back to the list by the President until at least one year after removal.","title":"PROTECT US Act","text_len":9993,"sum_len":1813} {"bill_id":"113_hr4719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``America Gives More Act of 2014''.\n\nSEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR \n CONTRIBUTIONS OF FOOD INVENTORY.\n\n (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal \nRevenue Code of 1986 is amended by striking clause (iv).\n (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as \namended by subsection (a), is amended by striking clause (ii), by \nredesignating clause (iii) as clause (iv), and by inserting after \nclause (i) the following new clauses:\n ``(ii) Limitation.--The aggregate amount of \n such contributions for any taxable year which \n may be taken into account under this section \n shall not exceed--\n ``(I) in the case of any taxpayer \n other than a C corporation, 15 percent \n of the taxpayer's aggregate net income \n for such taxable year from all trades \n or businesses from which such \n contributions were made for such year, \n computed without regard to this \n section, and\n ``(II) in the case of a C \n corporation, 15 percent of taxable \n income (as defined in subsection \n (b)(2)(D)).\n ``(iii) Rules related to limitation.--\n ``(I) Carryover.--If such aggregate \n amount exceeds the limitation imposed \n under clause (ii), such excess shall be \n treated (in a manner consistent with \n the rules of subsection (d)) as a \n charitable contribution described in \n clause (i) in each of the 5 succeeding \n years in order of time.\n ``(II) Coordination with overall \n corporate limitation.--In the case of \n any charitable contribution allowable \n under clause (ii)(II), subsection \n (b)(2)(A) shall not apply to such \n contribution, but the limitation \n imposed by such subsection shall be \n reduced (but not below zero) by the \n aggregate amount of such contributions. \n For purposes of subsection (b)(2)(B), \n such contributions shall be treated as \n allowable under subsection \n (b)(2)(A).''.\n (c) Determination of Basis for Certain Taxpayers.--Section \n170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is \namended by adding at the end the following new clause:\n ``(v) Determination of basis for certain \n taxpayers.--If a taxpayer--\n ``(I) does not account for \n inventories under section 471, and\n ``(II) is not required to \n capitalize indirect costs under section \n 263A,\n the taxpayer may elect, solely for purposes of \n subparagraph (B), to treat the basis of any \n apparently wholesome food as being equal to 25 \n percent of the fair market value of such \n food.''.\n (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of \nsuch Code, as amended by subsections (a), (b), and (c), is amended by \nadding at the end the following new clause:\n ``(vi) Determination of fair market \n value.--In the case of any such contribution of \n apparently wholesome food which cannot or will \n not be sold solely by reason of internal \n standards of the taxpayer, lack of market, or \n similar circumstances, or by reason of being \n produced by the taxpayer exclusively for the \n purposes of transferring the food to an \n organization described in subparagraph (A), the \n fair market value of such contribution shall be \n determined--\n ``(I) without regard to such \n internal standards, such lack of \n market, such circumstances, or such \n exclusive purpose, and\n ``(II) by taking into account the \n price at which the same or \n substantially the same food items (as \n to both type and quality) are sold by \n the taxpayer at the time of the \n contribution (or, if not so sold at \n such time, in the recent past).''.\n (e) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n contributions made after December 31, 2013, in taxable years \n ending after such date.\n (2) Limitation; applicability to c corporations.--The \n amendments made by subsection (b) shall apply to contributions \n made in taxable years beginning after December 31, 2013.\n\nSEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL \n RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE \n PERMANENT.\n\n (a) In General.--Section 408(d)(8) of the Internal Revenue Code of \n1986 is amended by striking subparagraph (F).\n (b) Effective Date.--The amendment made by this section shall apply \nto distributions made in taxable years beginning after December 31, \n2013.\n\nSEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED \n AND MADE PERMANENT.\n\n (a) Made Permanent.--\n (1) Individuals.--Subparagraph (E) of section 170(b)(1) of \n the Internal Revenue Code of 1986 is amended by striking clause \n (vi).\n (2) Corporations.--Subparagraph (B) of section 170(b)(2) of \n such Code is amended by striking clause (iii).\n (b) Contributions of Capital Gain Real Property Made for \nConservation Purposes by Native Corporations.--\n (1) In general.--Paragraph (2) of section 170(b) of the \n Internal Revenue Code of 1986 is amended by redesignating \n subparagraph (C) as subparagraph (D), and by inserting after \n subparagraph (B) the following new subparagraph:\n ``(C) Qualified conservation contributions by \n certain native corporations.--\n ``(i) In general.--Any qualified \n conservation contribution (as defined in \n subsection (h)(1)) which--\n ``(I) is made by a Native \n Corporation, and\n ``(II) is a contribution of \n property which was land conveyed under \n the Alaska Native Claims Settlement \n Act,\n shall be allowed to the extent that the \n aggregate amount of such contributions does not \n exceed the excess of the taxpayer's taxable \n income over the amount of charitable \n contributions allowable under subparagraph (A).\n ``(ii) Carryover.--If the aggregate amount \n of contributions described in clause (i) \n exceeds the limitation of clause (i), such \n excess shall be treated (in a manner consistent \n with the rules of subsection (d)(2)) as a \n charitable contribution to which clause (i) \n applies in each of the 15 succeeding years in \n order of time.\n ``(iii) Native corporation.--For purposes \n of this subparagraph, the term `Native \n Corporation' has the meaning given such term by \n section 3(m) of the Alaska Native Claims \n Settlement Act.''.\n (2) Conforming amendment.--Section 170(b)(2)(A) of such \n Code is amended by striking ``subparagraph (B) applies'' and \n inserting ``subparagraph (B) or (C) applies''.\n (3) Valid existing rights preserved.--Nothing in this \n subsection (or any amendment made by this subsection) shall be \n construed to modify the existing property rights validly \n conveyed to Native Corporations (within the meaning of section \n 3(m) of the Alaska Native Claims Settlement Act) under such \n Act.\n (c) Effective Date.--The amendments made by this section shall \napply to contributions made in taxable years beginning after December \n31, 2013.\n\nSEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE CONTRIBUTIONS.\n\n (a) In General.--Subsection (a) of section 170 of the Internal \nRevenue Code of 1986 is amended by redesignating paragraphs (2) and (3) \nas paragraphs (3) and (4), respectively, and by inserting after \nparagraph (1) the following new paragraph:\n ``(2) Treatment of charitable contributions made by \n individuals before due date of return.--If any charitable \n contribution is made by an individual after the close of a \n taxable year but not later than the due date (determined \n without regard to extensions) for the return of tax for such \n taxable year, then the taxpayer may elect to treat such \n charitable contribution as made in such taxable year. Such \n election shall be made at such time and in such manner as the \n Secretary may provide. For purposes of this paragraph, an \n individual's distributive share of a partnership's charitable \n contribution, and an individual's pro rata share of an S \n corporation's charitable contribution, shall not be treated as \n charitable contributions made by such individual.''.\n (b) Effective Date.--The amendments made by this section shall \napply to elections made with respect to taxable years beginning after \nDecember 31, 2013.\n\nSEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT \n INCOME OF PRIVATE FOUNDATIONS.\n\n (a) In General.--Section 4940(a) of the Internal Revenue Code of \n1986 is amended by striking ``2 percent'' and inserting ``1 percent''.\n (b) Elimination of Reduced Tax Where Foundation Meets Certain \nDistribution Requirements.--Section 4940 of such Code is amended by \nstriking subsection (e).\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 7. BUDGETARY EFFECTS.\n\n (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of \nthis Act shall not be entered on either PAYGO scorecard maintained \npursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.\n (b) Senate PAYGO Scorecards.--The budgetary effects of this Act \nshall not be entered on any PAYGO scorecard maintained for purposes of \nsection 201 of S. Con. Res. 21 (110th Congress).\n\n Passed the House of Representatives July 17, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.\n ","summary":"America Gives More Act of 2014 - Amends the Internal Revenue Code to: (1) make permanent the enhanced tax deduction for charitable contributions of food inventory. (2) increase from 10 to 15 of the aggregate net income of taxpayers other than C corporationsnbsp. The amount of deductible food inventory contributions which such taxpayers may make in any taxable year. (3) permit a taxpayer who is not required to account for inventories or capitalize indirect costs, to elect, solely for purposes of computing the amount of the deduction, to treat the basis of any apparently wholesome food nbsp. As equal to 25 of the fair market value of such food. And (4) set forth a formula for determining the fair market value of such food. Makes permanent: (1) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes, and (2) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Allows taxpayers to treat a charitable contribution made after the close of the taxable year but before the due date of the tax return as being made in such taxable year. Reduces from 2 to 1 the excise tax rate on the net investment income of tax-exempt private foundations. Repeals the 1 reduction in such tax rate for private foundations that meet certain distribution requirements. Prohibits the entry of the budgetary effects of this Act on any PAYGO (pay-as-you-go) scorecard.","title":"America Gives More Act of 2014","text_len":13042,"sum_len":1465} {"bill_id":"114_s688","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Establishing Beneficiary Equity in \nthe Hospital Readmission Program Act of 2015''.\n\nSEC. 2. ESTABLISHING BENEFICIARY EQUITY IN THE MEDICARE HOSPITAL \n READMISSION PROGRAM.\n\n (a) Transitional Adjustment for Dual Eligible Population and \nSocioeconomic Status.--Section 1886(q)(4)(C) of the Social Security Act \n(42 U.S.C. 1395ww(q)(4)(C)) is amended by adding at the end the \nfollowing new clause:\n ``(iii) Transitional adjustment for dual \n eligible population and socioeconomic status.--\n ``(I) In general.--In determining a \n hospital's excess readmission ratio \n under clause (i) for purposes of making \n payments for discharges occurring \n during fiscal years 2016 and 2017, and \n before the initial application of \n clause (iv), and in order to ensure \n that hospitals that treat the most \n vulnerable populations are not unfairly \n penalized by the program under this \n subsection, the Secretary shall provide \n for such risk adjustment as will take \n into account both a hospital's \n proportion of inpatients who are full-\n benefit dual eligible individuals (as \n defined in section 1935(c)(6)) and the \n socioeconomic status of the patients \n served by the hospital.\n ``(II) Quantitative method.--For \n purposes of applying subclause (I)(bb), \n the Secretary, to the maximum extent \n practicable, shall utilize the most \n recent data available from the Bureau \n of the Census in order to develop a \n quantitative method to adjust for \n socioeconomic status. In developing \n such quantitative method, the \n Secretary--\n ``(aa) shall, to the \n maximum extent practicable, use \n inputs that address at least \n income, education level, or \n poverty rate; and\n ``(bb) may include inputs \n that address other \n socioeconomic and \n sociodemographic factors \n determined appropriate by the \n Secretary.\n ``(III) Patients served by the \n hospital.--For purposes of subclause \n (I)(bb), the Secretary shall, to the \n maximum extent practicable, measure the \n socioeconomic status for all patients \n served by each hospital. The Secretary \n may supplement incomplete or \n inaccessible patient-level data with \n data related to the geographic region \n of the patients served by the hospital.\n ``(IV) Minimizing reporting burden \n on hospitals.--In carrying out this \n clause, the Secretary shall not impose \n any additional reporting requirements \n on hospitals.''.\n (b) Subsequent Adjustments Based on IMPACT and MedPAC Reports.--\nSection 1886(q)(4)(C) of the Social Security Act (42 U.S.C. \n1395ww(q)(4)(C)) is further amended by adding at the end the following \nnew clause:\n ``(iv) Risk adjustments under readmission \n program based on impact and medpac reports.--In \n making recommendations under subparagraph (D) \n of section 2(d)(1) of the IMPACT Act of 2014 \n (Public Law 113-185; 42 U.S.C. 1395lll note) \n with respect to the application of risk \n adjustment under this subsection, the Secretary \n is required to base such risk adjustment on the \n reports submitted under subparagraphs (A)(ii) \n and (B)(ii) of such section as well as on the \n report submitted by the Medicare Payment \n Advisory Commission under section 2(c) of the \n Establishing Beneficiary Equity in the Hospital \n Readmission Program Act of 2015. The \n Administrator of the Centers for Medicare & \n Medicaid Services shall incorporate such \n recommendations in carrying out risk adjustment \n under this subsection for discharges occurring \n in fiscal years after fiscal year 2017 in order \n to ensure that hospitals that treat the most \n vulnerable populations are not unfairly \n penalized by the program under this subsection. \n For fiscal years beginning more than 5 years \n after the date of submission of the report \n under section 2(d)(1)(B)(ii) of the IMPACT Act \n of 2014, the Secretary may use alternative \n adjustment mechanisms under this subsection to \n account for socioeconomic factors if the \n Secretary finds that such measures are better \n at accounting for socioeconomic factors than \n the mechanisms that would otherwise apply.''.\n (c) MedPAC Study on 30-Day Readmission Threshold.--The Medicare \nPayment Advisory Commission shall conduct a study on the \nappropriateness of using a threshold of 30 days for readmissions under \nsection 1886(q)(5)(E) of the Social Security Act (42 U.S.C. \n1395ww(q)(5)(E)). The Commission shall submit to Congress a report on \nsuch study in its report to Congress in June 2016.\n (d) Addressing Issue of Noncompliant Patients.--Section \n1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)), \nas amended by subsections (b) and (c), is further amended by adding at \nthe end the following new clause:\n ``(v) Consideration of exclusion of \n noncompliant patient cases based on v or other \n appropriate codes.--In promulgating regulations \n to carry out this subsection for the applicable \n period with respect to fiscal year 2017, the \n Secretary shall consider the use of V or other \n ICD-related codes for potential exclusions of \n cases in order to address the issue of \n noncompliant patients.''.\n (e) Excluding Certain Clinical Conditions.--\n (1) Study.--\n (A) In general.--The Secretary of Health and Human \n Services shall conduct a study, consistent with this \n paragraph, that assesses and makes recommendations with \n respect to excluding patients whose clinical conditions \n or diagnoses may require frequent hospitalizations, \n from the calculation of excess readmissions under \n section 1886(q)(5)(E) of the Social Security Act (42 \n U.S.C. 1395ww(q)(5)(E)).\n (B) Use of a technical expert panel.--The Secretary \n shall convene a multi-stakeholder technical expert \n panel comprised of individuals knowledgeable about \n clinical care of hospitalized patients and quality \n measurement, to provide input and recommendations on \n the study conducted under this paragraph.\n (C) Clinical conditions to be considered.--In \n conducting the study, the Secretary shall consider \n exclusions for patients with transplants, burns, \n psychosis, and substance abuse disorders. The Secretary \n may include additional clinical conditions where \n appropriate care may require frequent hospitalizations.\n (D) Transparency.--The Secretary shall make a draft \n of report on such study available for public comment \n for a period of not less than 30 days. The final study \n and recommendations shall address the Secretary's \n response to public comments.\n (E) Deadline.--The Secretary shall submit a final \n report on the study to Congress no later than Oct. 1, \n 2016. Such final report shall include recommendations \n regarding the relevant clinical conditions that should \n be excluded from the calculation of excess readmissions \n described in subparagraph (A).\n (2) Application to calculation of excess readmissions.--\n Beginning with fiscal year 2018, the Secretary shall exclude \n any relevant clinical conditions identified in the \n recommendations made in the final report under paragraph (1)(E) \n in determining a hospital's publicly reported readmission rate \n and excess readmissions ratio under section 1886(q)(4)(C) of \n the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)). The \n Secretary also is encouraged to consider applying the \n exclusions so identified to other Medicare public reporting and \n pay-for-performance programs in which readmission measures are \n used.\n (f) Budget Neutral Implementation.--The Secretary of Health and \nHuman Services shall make such payment adjustment to subsection (d) \nhospitals under the inpatient prospective payment system under section \n1886 of the Social Security Act (42 U.S.C. 1395ww) as may be necessary \nto ensure that the implementation of the this section (including the \namendments made by this section) does not result in an increase in \naggregate expenditures under such section 1886.","summary":"Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) with respect to the hospital readmissions reduction program under the inpatient (hospital) prospective payment system (IPPS). The Secretary of Health and Human Services, in determining a hospital's excess readmission ratio for purposes of making payments for discharges occurring during FY2016-FY2017, is required to make a risk adjustment to the ratio that takes into account both: (1) a hospital's proportion of inpatients who are full-benefit dual eligible individuals , and (2) the socioeconomic status of patients served by the hospital. The Secretary must base the risk adjustment under the readmission program for subsequent fiscal years on specified reports required by the Improving Medicare Post Acute Care Transformation Act of 2014 as well as a report the Medicare Payment Advisory Commission shall submit on the appropriateness of using a threshold of 30 days for readmissions under the program. The Administrator of the Centers for Medicare amp. Medicaid Services must then incorporate report recommendations in carrying out risk adjustments for discharges occurring in such fiscal years in order to ensure that the most vulnerable populations are not unfairly penalized by the program. The Secretary shall consider the use of V or other International Classification of Diseases-related codes for potential exclusion of noncompliant patient cases when promulgating related regulations for FY2017. The Secretary must: (1) assess whether to exclude from the calculation of excess readmissions any patients whose clinical conditions or diagnoses may require frequent hospitalizations. Then (2) exclude, starting in FY2018, any relevant clinical conditions identified in the assessment recommendations when determining a hospital's publicly reported readmission rate and excess readmissions ratio. The Secretary is directed to make a payment adjustment to subsection (d) hospitals necessary to ensure that the implementation of this Act does not result in any increase in aggregate expenditures under the IPPS. (Generally, a subsection","title":"Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015","text_len":11213,"sum_len":2200} {"bill_id":"109_hr5475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HSA Accessibility and Portability \nAct of 2006''.\n\nSEC. 2. PROMOTING ACCESSIBILITY AND AFFORDABILITY OF COVERAGE IN THE \n SMALL GROUP MARKET.\n\n Section 2711 of the Public Health Service Act (42 U.S.C. 300gg-11) \nis amended--\n (1) in subsection (a)(1), by striking ``(f)'' and inserting \n ``(g)''; and\n (2) by adding at the end the following new subsection:\n ``(g) Election of Alternative to Guaranteed Issue Requirement.--\n ``(1) Election.--\n ``(A) In general.--A health insurance issuer may \n elect, with respect to any small employer (as defined \n in section 2791(e)(4)), to meet the requirements of \n paragraphs (2) and (3) instead of complying with the \n guaranteed issue requirement of subsection (a).\n ``(B) Requirement of accepting or rejecting all \n eligible individuals within entire group at time of \n election.--An election made under subparagraph (A) with \n respect to a small employer shall apply with respect to \n all eligible individuals of that small employer at the \n time of such election.\n ``(C) Subsequent eligible individuals.--In the case \n of an individual who becomes an eligible individual \n with respect to a small employer after an election has \n been made under subparagraph (A), the health insurance \n issuer is not required to provide group health \n insurance coverage for such individual.\n ``(2) Portability for individuals covered.--If an election \n is made under paragraph (1)(A) and under such election group \n health insurance coverage is provided by a health insurance \n issuer for an eligible individual of a small employer, the \n health insurance issuer shall guarantee continuation of \n coverage to the individual (and to covered dependents), through \n issuance of individual health insurance coverage, after the \n date the individual no longer qualifies as an eligible \n individual of such employer, at a rate that does not exceed 150 \n percent of the standard individual rate applicable to such \n individual coverage in the State in which the policy was \n initially issued.\n ``(3) Information on elections.--Any health insurance \n issuer making an election under paragraph (1)(A) shall furnish \n to the Secretary such information as the Secretary may require \n in order to monitor the impact of such election on access to, \n and affordability, of health insurance coverage in the small \n group market and in the individual market. Such information \n shall include at least information relating to the following:\n ``(A) Rejection rate.--The characteristics of small \n employers denied health insurance coverage because of \n this subsection.\n ``(B) Premium rates.--The rates charged for \n coverage offered under an election made under this \n subsection (in comparison to rates that are otherwise \n charged if this subsection were not in effect).\n ``(4) Limitation.--An election under paragraph (1)(A) may \n only be made with respect to coverage of a small employer under \n health insurance coverage that consists of a high deductible \n health plan (as defined in section 223(c)(2) of the Internal \n Revenue Code of 1986) and a contribution to a health savings \n account (as defined in section 223(d) of such Code).\n ``(5) Report.--At least 6 months before the end of the 5-\n year period beginning on the date of the enactment of this \n subsection, the Secretary shall submit to Congress a report on \n the impact of this subsection on the availability and \n affordability of health insurance coverage in the small group \n market and in the individual market. Such report shall include \n recommendations on whether this subsection should be extended \n beyond such period and whether it should be expanded to cover \n health insurance coverage in addition to the coverage described \n in paragraph (4).\n ``(6) Contingent sunset.--This subsection shall not apply \n to elections for small employers made by a health insurance \n issuer after the end of the 5-year period described in \n paragraph (5) if the Secretary, in the report to Congress under \n such paragraph, recommends that this subsection should not be \n extended beyond such period. If the Secretary makes such a \n recommendation, this subsection shall still continue to apply \n to elections made before the end of such 5-year period.''.","summary":"HSA Accessibility and Portability Act of 2006 - Amends the Public Health Service Act to authorize a health insurance issuer to elect, instead of complying with the guaranteed issue requirements , to: (1) guarantee continuation of coverage through individual health insurance for an individual who no longer qualifies as an eligible individual of the employer at a rate that does not exceed 150 of the standard individual rate applicable to individual coverage in the state. And (2) furnish information for the Secretary of Health and Human Services to monitor the impact of such election on access to, and affordability of, health insurance coverage in the small group market and in the individual market. Requires such an election to apply to all eligible individuals of that small employer at the time of such election, but does not require applicability to an individual who becomes eligible after such election. Allows an election under this Act to be made only with respect to coverage of a small employer under health insurance coverage that consists of a high deductible health plan and a contribution to a health savings account.","title":"To amend title XXVII of the Public Health Service Act to permit a health insurance issuer an alternative to guaranteed issue of health insurance coverage in the small group market in order to promote affordable access to portable health insurance coverage.","text_len":5050,"sum_len":1137} {"bill_id":"106_s1986","text":"SECTION 1. CANYON FERRY RESERVOIR, MONTANA.\n\n (a) Definition of Individual Property Purchaser.--Section 1003 of \ntitle X of division C of the Omnibus Consolidated and Emergency \nSupplemental Appropriations Act, 1999 (112 Stat. 2681-711) is amended--\n (1) by redesignating paragraphs (4) through (12) as \n paragraphs (5) through (13), respectively; and\n (2) by inserting after paragraph (3) the following:\n ``(4) Individual property purchaser.--The term `individual \n property purchaser', with respect to an individual cabin site \n described in section 1004(b), means a person (including CFRA or \n a lessee) that purchases that cabin site.\n (b) Sale of Properties.--Section 1004 of title X of division C of \nthe Omnibus Consolidated and Emergency Supplemental Appropriations Act, \n1999, is amended--\n (1) in subsection (c)(2) (112 Stat. 2681-713)--\n (A) by redesignating subparagraph (B) as \n subparagraph (C); and\n (B) by inserting after subparagraph (A) the \n following:\n ``(B) Appraisal.--\n ``(i) Applicabiity.--In carrying out this \n paragraph, the requirements of this \n subparagraph shall apply to the greatest extent \n practicable and consistent with the Uniform \n Appraisal Standards for Federal Land \n Acquisition.\n ``(ii) Use of earlier appraisal.--The \n appraisal under subparagraph (A) shall use the \n Canyon Ferry Cabin Site appraisal with a \n completion date of March 29, 1999, and amended \n June 11, 1999, with an effective date of \n valuation of October 15, 1998, for the Bureau \n of Reclamation, on the conditions stated in \n this subparagraph.\n ``(iii) Modifications.--The contract \n appraisers that conducted the original \n appraisal having an effective date of valuation \n of October 15, 1998, for the Bureau of \n Reclamation shall make appropriate \n modifications to permit recalculation of the \n lot values established in the original \n appraisal into an updated appraisal, the \n function of which shall be to provide market \n values for the sale of each of the 265 Canyon \n Ferry Cabin site lots.\n ``(iv) Changes in property \n characteristics.--If there are any changes in \n the characteristic of a property that form part \n of the basis of the updated appraisal \n (including a change in size, easement \n considerations, or updated analyses of the \n physical characteristics of a lot), the \n contract appraisers shall make an appropriate \n adjustment to the updated appraisal.\n ``(v) Updating.--Subject to the approval of \n CFRA and the Secretary, the fair market values \n established by the appraisers under this \n paragraph may be further updated periodically \n by the contract appraisers through appropriate \n market analyses.\n ``(vi) Reconsideration.--The Bureau of \n Reclamation and the 265 Canyon Ferry cabin \n owners have the right to seek reconsideration, \n before commencement of the updated appraisal, \n of the assumptions that the appraisers used in \n arriving at the fair market values derived in \n the original appraisal.\n ``(vii) Continuing validity.--The October \n 15, 1998, Canyon Ferry Cabin Site original \n appraisal, as provided for in this paragraph, \n shall remain valid for use by the Bureau of \n Reclamation in the sale process for a period of \n not less than 3 years from the date of \n completion of the updated appraisal, to the \n extent consistent with the Uniform Appraisal \n Standards for Federal Land Acquisition.'';\n (2) in subsection (d) (112 Stat. 2681-713)--\n (A) in paragraph (1)(D), by adding at the end the \n following:\n ``(iii) Remaining leases.--\n ``(I) Continuation of leases.--The \n remaining lessees shall have a right to \n continue leasing through August 31, \n 2014.\n ``(II) Right to close.--The \n remaining lessees shall have the right \n to close under the terms of the sale at \n any time before August 31, 2014. On \n termination of the lease either by \n expiration under the terms of the lease \n or by violation of the terms of the \n lease, all personal property and \n improvements will be removed, and the \n cabin site shall remain in Federal \n ownership.''; and\n (B) in paragraph (2)--\n (i) in the matter preceding subparagraph \n (A), by inserting ``or if no one (including \n CFRA) bids,'' after ``bid''; and\n (ii) in subparagraph (D)--\n (I) by striking ``12 months'' and \n inserting ``36 months''; and\n (II) by adding at the end the \n following: ``If the requirement of the \n preceding sentence is not met, CFRA may \n close on all remaining cabin sites or \n up to the 75 percent requirement. If \n CFRA does not exercise either such \n option, the Secretary shall conduct \n another sale for the remaining cabin \n sites to close immediately, with \n proceeds distributed in accordance with \n section 1008.'';\n (3) by striking subsection (e) (112 Stat. 2681-714) and \n inserting the following:\n ``(e) Administrative Costs.--\n ``(1) Allocation of funding.--The Secretary shall allocate \n all funding necessary to conduct the sales process for the sale \n of property under this title.\n ``(2) Reimbursement.--Any reasonable administrative costs \n incurred by the Secretary (including the costs of survey and \n appraisals incident to the conveyance under subsection (a)) \n shall be proportionately reimbursed by the property owner at \n the time of closing.''; and\n (4) by striking subsection (f) (112 Stat. 2681-714) and \n inserting the following:\n ``(f) Timing.--The Secretary shall--\n ``(1) immediately begin preparing for the sales process on \n enactment of this Act; and\n ``(2) not later than 1 year after the date of enactment of \n this Act, and in accordance with all applicable laws, begin \n conveying the property described in subsection (b).''.\n (c) Montana Fish and Wildlife Conservation Trust.--Section 1007(b) \nof title X of division C of the Omnibus Consolidated and Emergency \nSupplemental Appropriations Act, 1999 (112 Stat. 2681-715), is \namended--\n (1) in subsection (c)--\n (A) in paragraph (1), in the matter preceding \n subparagraph (A), by striking ``trust manager'' and \n inserting ``trust manager (referred to in this section \n as the `trust manager')'';\n (B) in paragraph (2)(A), in the matter preceding \n clause (i), by striking ``agency Board'' and inserting \n ``Agency Board (referred to in this section as the \n `Joint State-Federal Agency Board')''; and\n (C) in paragraph (3)(A), by striking ``Advisory \n Board'' and inserting ``Advisory Board (referred to in \n this section as the `Citizen Advisory Board')''; and\n (2) by adding at the end the following:\n ``(f) Recreation Trust Agreement.--\n ``(1) In general.--The Trust, acting through the trust \n manager, in consultation with the Joint State-Federal Agency \n Board and the Citizen Advisory Board, shall enter into a \n legally enforceable agreement with CFRA (referred to in this \n section as the `Recreation Trust Agreement').\n ``(2) Contents.--The Recreation Trust Agreement shall \n provide that--\n ``(A) on receipt of proceeds of the sale of a \n property under section 1004, the Trust shall loan up to \n $3,000,000 of the proceeds to CFRA;\n ``(B) CFRA shall deposit all funds borrowed under \n subparagraph (A) in the Canyon Ferry-Broadwater County \n Trust;\n ``(C) CFRA and the individual purchasers shall \n repay the principal of the loan to the Trust as soon as \n reasonably practicable in accordance with a repayment \n schedule specified in the loan agreement; and\n ``(D) until such time as the principal is repaid in \n full, CFRA and the individual purchasers shall make an \n annual interest payment on the outstanding principal of \n the loan to the Trust at an interest rate determined in \n accordance with paragraph (4)(C).\n ``(3) Treatment of interest payments.--All interest \n payments received by the Trust under paragraph (2)(D) shall be \n treated as earnings under subsection (d)(2).\n ``(4) Fiduciary responsibility.--In negotiating the \n Recreation Trust Agreement, the trust manager shall act in the \n best interests of the Trust to ensure--\n ``(A) the security of the loan;\n ``(B) timely repayment of the principal; and\n ``(C) payment of a fair interest rate, of not less \n than 6 nor more than 8 percent per year, based on the \n length of the term of a loan that is comparable to the \n term of a traditional home mortgage.\n ``(g) Restriction on Disbursement.--Except as provided in \nsubsection (f), the trust manager shall not disburse any funds from the \nTrust until August 1, 2001, as provided for in the Recreation Trust \nAgreement, unless Broadwater County, at an earlier date, certifies that \nthe Canyon Ferry-Broadwater County Trust has been fully funded in \naccordance with this title.\n ``(h) Condition to Sale.--No closing of property under section 1004 \nshall be made until the Recreation Trust Agreement is entered into \nunder subsection (f)''.\n (d) Canyon Ferry-Broadwater County Trust.--Section 1008(b) of title \nX of division C of the Omnibus Consolidated and Emergency Supplemental \nAppropriations Act, 1999 (112 Stat. 2681-718), is amended--\n (1) by striking paragraph (1) and inserting the following:\n ``(1) Agreement.--\n ``(A) Condition to sale.--No closing of property \n under section 1004 shall be made until CFRA and \n Broadwater County enter into a legally enforceable \n agreement (referred to in this paragraph as the \n `Contributions Agreement') concerning contributions to \n the Trust.\n ``(B) Contents.--The Contributions Agreement shall \n require that on or before August 1, 2001, CFRA shall \n ensure that $3,000,000 in value is deposited in the \n Canyon Ferry-Broadwater County Trust from 1 or more of \n the following sources:\n ``(i) Direct contributions made by the \n purchasers on the sale of each cabin site.\n ``(ii) Annual contributions made by the \n purchasers.\n ``(iii) All other monetary contributions.\n ``(iv) In-kind contributions, subject to \n the approval of the County.\n ``(v) All funds borrowed by CFRA under \n section 1007(f).\n ``(vi) Assessments made against the cabin \n sites made under a county park district or any \n similar form of local government under the laws \n of the State of Montana.\n ``(vii) Any other contribution, subject to \n the approval of the County.'';\n (2) striking paragraph (3);\n (3) by redesignating paragraph (2) as paragraph (3); and\n (4) by inserting after paragraph (1) the following:\n ``(2) Alternative funding source.--If CFRA agrees to form a \n county park district under section 7-16-2401 et seq., of the \n Montana Code Annotated, or any other similar form of local \n government under the laws of the State of Montana, for the \n purpose of providing funding for the Trust pursuant to the \n Contributions Agreement, CFRA and Broadwater County may amend \n the Contributions Agreement as appropriate, so long as the \n monetary obligations of individual property purchases under the \n Contributions Agreement as amended are substantially similar to \n those specified in paragraph (1).''.\n (e) Technical Corrections.--Title X of division C of the Omnibus \nConsolidated and Emergency Supplemental Appropriations Act, 1999 is \namended--\n (1) in section 1001 (112 Stat. 2681-710), by striking \n ``section 4(b)'' and inserting ``section 1004(b)'';\n (2) in section 1003 (112 Stat. 2681-711)--\n (A) in paragraph (1), by striking ``section 8'' and \n inserting ``section 1008'';\n (B) in paragraph (6), by striking ``section 7'' and \n inserting ``section 1007'';\n (C) in paragraph (8)--\n (i) in subparagraph (A), by striking \n ``section 4(b)'' and inserting ``1004(b)''; and\n (ii) in subparagraph (B), by striking \n ``section 4(b)(1)(B)'' and inserting ``section \n 1004(b)(1)(B)''; and\n (D) in paragraph (9), by striking ``section 4'' and \n inserting ``section 104''; and\n (3) in section 1004 (112 Stat. 2681-712)--\n (A) in subsection (b)(3)(B)(ii)(II), by striking \n ``section 4(a)'' and inserting ``section 1004(a)''; and\n (B) in subsection (d)(2)(G), by striking ``section \n 6'' and inserting ``section 1006''.","summary":"Requires the appraisal of properties under such provisions to use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau. Directs the contract appraisers that conducted the original appraisal having such effective date of valuation to make modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin Site lots. Provides for adjustments to the updated appraisal based on changes in property characteristics. Authorizes periodic updates of the fair market values through appropriate market analyses, subject to the approval of the Canyon Ferry Recreation Association (CFRA) and the Secretary of the Interior. Grants the Bureau and the 265 Canyon Ferry cabin owners the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions used by the appraisers in arriving at the fair market values derived in the original appraisal. Requires the original appraisal to remain valid for use by the Bureau in the sale process for a period of at least three years from the date of completion of the updated appraisal to the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition. Grants nonpurchasing lessees the right to continue leasing through August 31, 2014. Permits such lessees to close under the terms of the sale at any time before such date. Removes all personal property and improvements, on termination of the lease either by expiration or by violation of lease terms, and requires the cabin site to remain in Federal ownership. Requires the Secretary to close on the property and prepare all other properties for closing within 45 days if no one bids for a property. Directs CFRA and the lessees to purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 36 months after title to the first property is conveyed by the Secretary to a lessee. Requires the Secretary to allocate all funding necessary to conduct the sales process for the sale of property under the Act. Directs the Secretary to begin: (1) preparing for the sales process on enactment of the Act. And (2) conveying the property not later than one year after the Act's enactment. Requires the Montana Fish and Wildlife Conservation Trust, acting through the trust manager, to enter into a legally enforceable Recreation Trust Agreement with CFRA. Requires the Agreement to provide that: (1) the Trust shall loan up to $3 million of a property's sale proceeds to CFRA. (2) CFRA shall deposit such borrowed funds in the Canyon Ferry-Broadwater County Trust. (3) CFRA and the individual purchasers shall repay loan principal to the Trust as soon as practicable in accordance with a loan agreement repayment schedule. And (4) CFRA and the purchasers shall make an annual interest payment on the outstanding loan principal. Prohibits the trust manager, except as otherwise provided, from disbursing any Trust funds until August 1, 2001, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded. Bars any closing of property until the Recreation Trust Agreement is entered into. Prohibits any closing of property until CFRA and Broadwater County enter into a legally enforceable agreement concerning contributions to the Trust. Provides that such agreement shall require that CFRA ensure that $3 million is deposited in the Canyon Ferry- Broadwater County Trust by August 1, 2001.","title":"A bill to amend title X of divisio C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998, relating to the Canyon Ferry Reservoir, Montana.","text_len":16229,"sum_len":3707} {"bill_id":"105_s2277","text":"SECTION 1. WHISTLEBLOWER PROTECTION.\n\n (a) Definitions.--In this section:\n (1) Air carrier.--The term ``air carrier'' has the meaning \n given that term in section 40102 of title 49, United States \n Code.\n (2) Covered proceeding.--The term ``covered proceeding'' \n means a proceeding conducted by the Secretary of Transportation \n or the Administrator of the Federal Aviation Administration to \n carry out a function of the Department of Transportation.\n (3) Employee.--The term ``employee'' means--\n (A) an applicant that applies for employment by an \n air carrier, employee, or former employee of an air \n carrier; and\n (B) includes a contractor or subcontractor of the \n Federal Aviation Administration carrying out a function \n of the Department of Transportation or of a contractor \n or subcontractor of an air carrier.\n (4) Related action.--The term ``related action'' means the \n actions of an employee to--\n (A) notify an employer or the Secretary of \n Transportation of an alleged violation of title 49, \n United States Code;\n (B) refuse to engage in any practice that the \n employee reasonably believes constitutes a violation of \n law (including a rule or regulation);\n (C) testified before Congress or at any Federal or \n State proceeding regarding any provision of title 49, \n United States Code;\n (D) commences, acts with the intention of \n commencing, or causes to be commenced a proceeding \n under title 49, United States Code;\n (E) testified or is about to testify in any such \n proceeding; or\n (F) assisted or participated or is about to \n participate in any manner in such a proceeding or in \n any other manner in such a proceeding or in any other \n action to carry out the purposes of title 49, United \n States Code.\n (b) Whistleblower Protection.--\n (1) Limitation on liability.--No employee shall be liable \n by reason of an activity described in subparagraph (A), (B), or \n (C) of paragraph (2).\n (2) Employees described.--An employee described in this \n paragraph is an employee who, in a manner consistent with \n applicable law--\n (A) commences, acts with the intention of \n commencing, or causes to be commenced a covered \n proceeding;\n (B) testifies or acts with the intention of \n testifying at a covered proceeding or with respect to a \n related action;\n (C) assists with or participates in or acts with \n the intention of assisting or participating in a \n covered proceeding; or\n (D) carries out a related action.\n (3) Refusal to violate law.--No employee shall be liable \n for refusing to violate or assist in the violation of any law \n (including any rule or regulation) in the course of employment, \n if the refusal is based on a reasonable belief that the law \n would be violated.\n (4) Prohibition on discrimination.--No air carrier, \n contractor, or subcontractor covered under this section may \n discriminate against an employee described in paragraph (2).\n (c) Procedures and Penalties.--\n (1) Filing of complaints and procedures.--\n (A) In general.--An employee alleging \n discrimination (including discharge, discipline, or \n reassignment) in violation of subsection (b) or another \n person at the employee's request, may file a complaint \n with the Secretary of Labor not later than 180 days \n after the alleged violation occurs.\n (B) Procedures.--\n (i) In general.--The Secretary of Labor may \n issue a subpoena for the attendance and \n testimony of any person and the production of \n documentary or other evidence from any person \n if the testimony or production requested is not \n unduly burdensome and appears reasonably \n calculated to lead to the discovery of \n admissible evidence.\n (ii) Procedures.--Subject to paragraph (4), \n in carrying out this subsection, the Secretary \n of Labor shall, with respect to a complaint \n described in subparagraph (A), use the same \n procedures for filing complaints, conducting \n investigations, holding hearings, and issuing \n orders as are applicable to drivers of \n commercial motor vehicles under section \n 31105(b) of title 49, United States Code.\n (C) Burden of proof.--\n (i) In general.--The Secretary of Labor \n shall dismiss a complaint filed under \n subparagraph (A), and shall not conduct the \n investigation or provide relief after \n completion of the procedures required under \n subparagraph (B), unless the complainant has \n made a prima facie showing that any behavior \n described in subsection (b) (2) or (3) was a \n contributing factor in the discrimination \n (including discharge or discipline) alleged in \n the complaint.\n (ii) Demonstration by employer.--\n Notwithstanding a finding by the Secretary that \n the complainant has made a showing required \n under clause (i), no investigation required or \n relief available under subparagraph (B) shall \n be carried out or made available if the \n employer demonstrates, by clear and convincing \n evidence, that it would have taken the same \n unfavorable personnel action for legitimate, \n independent reasons in the absence of such \n behavior.\n (D) Penalties.--The penalties contained in section \n 31105(b) of title 49, United States Code, shall apply \n to persons who violate subsection (b) of this section \n in the same manner as those penalties apply to persons \n who violate section 31105(a) of title 49, United States \n Code.\n (2) Judicial review and venue.--A person adversely affected \n by an order issued pursuant to paragraph (1)(B) may seek \n judicial review in the same manner as is prescribed in section \n 31105(c) of title 49, United States Code. The court in issuing \n any final order under this paragraph may award costs of \n litigation (including reasonable attorney and expert witness \n fees) to any party whenever the court determines such award is \n appropriate.\n (3) Civil actions.--If a person fails to comply with an \n order issued pursuant to paragraph (1), the Secretary of Labor \n shall bring a civil action to enforce the order in the district \n court of the United States for the judicial district in which \n the violation occurred.\n (4) Alternative procedures.--Upon filing a complaint under \n this subsection, with the mutual consent of the parties, the \n Secretary of Labor may provide for mediation or arbitration in \n a manner consistent with applicable law, in lieu of conducting \n a hearing and issuing an order under the procedures contained \n in section 31105(b) of title 49, United States Code.\n\nSEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.\n\n Section 347(b)(1) of the Department of Transportation and Related \nAgencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) \nis amended by inserting before the semicolon at the end the following: \n``, including the provisions for investigation, adjudication, and \nenforcement as provided for in chapters 12 and 77 of title 5, United \nStates Code''.\n\nSEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES.\n\n (a) Prohibition.--\n (1) In general.--No employer may spend funds to implement \n or enforce the agreements in Standard Forms 312 and 4355 of the \n Federal Government or any other nondisclosure policy, form, or \n agreement if such policy, form, or agreement does not contain \n the following statement: ``These provisions are consistent with \n and do not supersede, conflict with, or otherwise alter the \n employee obligations, rights, or liabilities created by \n Executive Order No. 12958; section 7211 of title 5, United \n States Code (governing disclosures to Congress); section 1034 \n of title 10, United States Code, (governing disclosures to \n Congress by members of the military); section 2302(b)(8) of \n title 5, United States Code (governing disclosures of \n illegality, waste, fraud, abuse, or public health or safety \n threats); the Intelligence Identities Protection Act of 1982 \n (50 U.S.C. 421 et seq.) (governing disclosures that could \n expose confidential Government agents); and the statutes which \n protect against disclosures which may compromise the national \n security, including sections 641, 793, 794, 798, and 952 of \n title 18, United States Code, and section 4(b) of the \n Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The \n definitions, requirements, obligations, rights, sanctions, and \n liabilities created by such Executive order and such provisions \n are incorporated into this Agreement and are controlling.''.\n (2) Intelligence activities.--Notwithstanding the paragraph \n (1), a nondisclosure policy, form, or agreement that is to be \n executed by a person connected with the conduct of an \n intelligence or intelligence-related activity, other than an \n employee or officer of the United States Government, may \n contain provisions appropriate to the particular activity for \n which such document is to be used. Such form or agreement \n shall, at a minimum, require that the person will not disclose \n classified information received in the course of such activity \n unless specifically authorized to do so by the United States \n Government.\n (3) Violations of law.--Nondisclosure agreements or forms \n described in paragraph (1) shall clarify that such agreements \n do not bar disclosures to Congress or to an authorized official \n of an executive agency or the Department of Justice that are \n essential to reporting a substantial violation of law.\n (b) Civil Actions.--An employee, former employee, or applicant for \nemployment to which this section applies may, with respect to an action \nfor a violation of section 7211 or 7212 of title 49, United States \nCode, that is taken, threatened, or proposed to be taken against such \nemployee, former employee, or applicant for employment, bring a civil \naction for a jury trial in the appropriate district court of the United \nStates for relief.\n (c) Procedures.--In any action brought under subsection (b)--\n (1) the matter shall be reviewed de novo by the court; and\n (2) the proceeding shall be governed by the legal burdens \n of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, \n United States Code.","summary":"Provides for whistleblower protections for airline employees. Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action. Or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination in violation of this Act. Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate US district court.","title":"A bill to protect employees of air carriers who serve as whistleblowers under applicable Federal law, or who refuse to violate an applicable law, and for other purposes.","text_len":12391,"sum_len":2427} {"bill_id":"103_hr355","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Campaign Reform Act''.\n\nSEC. 2. INCOME TAX CREDIT FOR CONGRESSIONAL CAMPAIGN CONTRIBUTIONS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 23 the \nfollowing new section:\n\n``SEC. 24. CONGRESSIONAL CAMPAIGN CONTRIBUTIONS.\n\n ``(a) General Rule.--In the case of an individual, there shall be \nallowed, subject to the limitations in subsection (b), as a credit \nagainst the tax imposed by this chapter for the taxable year, an amount \nequal to the sum of--\n ``(1) 100 percent of the portion of all qualified \n congressional campaign contributions which does not exceed $25, \n and\n ``(2) 50 percent of the remaining portion of all qualified \n congressional campaign contributions.\n ``(b) Limitations.--\n ``(1) Maximum credit.--The credit allowed by subsection (a) \n for a taxable year shall not exceed $100 ($200 in the case of a \n joint return).\n ``(2) Verification.--A credit shall be allowed by \n subsection (a) with respect to any contribution only if the \n contribution is verified in the manner prescribed by the \n Secretary in regulations.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified congressional campaign contribution.--The \n term `qualified congressional campaign contribution' means a \n contribution or gift of money--\n ``(A) payment of which is made during the taxable \n year to an individual who is a candidate for nomination \n or election to the office of Senator or Representative \n in, or Delegate or Resident Commissioner to, the \n Congress in any primary, general, or special election, \n for use by the individual to further the candidacy of \n the individual for nomination or election to the \n office, and\n ``(B) which is from a taxpayer (or either spouse in \n the case of a joint return) who is a resident of the \n State in which the election is held.\n ``(2) Candidate.--The term `candidate' means an individual \n who--\n ``(A) publicly announces before the close of the \n calendar year following the calendar year in which the \n contribution or gift is made that the individual is a \n candidate for nomination or election to an office \n referred to in paragraph (1)(A), and\n ``(B) meets the qualifications prescribed by law to \n hold the office.\n ``(d) Inflation Adjustment.--In the case of any taxable year \nbeginning in a calendar year after 1994, each dollar amount contained \nin subsections (a) and (b) shall be increased by an amount equal to--\n ``(1) such dollar amount, multiplied by\n ``(2) the cost-of-living adjustment under section 1(f)(3) \n for the calendar year in which the taxable year begins, \n determined by substituting `calendar year 1994' for `calendar \n year 1989' in subparagraph (B) of such section.\n ``(e) Credit not Allowed to Estates and Trusts.--No credit shall be \nallowed under this section to any estate or trust.''.\n (b) Clerical Amendment.--The table of sections for such subpart A \nis amended by inserting after the item relating to section 23 the \nfollowing new item:\n\n ``Sec. 24. Congressional campaign \n contributions.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1993.\n\nSEC. 3. REDUCTION IN THE CEILING ON MULTICANDIDATE POLITICAL COMMITTEE \n CONTRIBUTIONS TO CANDIDATES.\n\n Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 \n(2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and \ninserting in lieu thereof ``$2,500''.\n\nSEC. 4. INCREASE IN THE CEILING ON CONTRIBUTIONS TO CANDIDATES BY \n PERSONS OTHER THAN MULTICANDIDATE POLITICAL COMMITTEES.\n\n Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 \n(2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and \ninserting in lieu thereof ``$2,000''.\n\nSEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES.\n\n Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n432) is amended by adding at the end the following new subsection:\n ``(j) A candidate for Federal office may not establish, maintain, \nfinance, or control a political committee other than the principal \ncampaign committee of the candidate.''.\n\nSEC. 6. PROHIBITION OF CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL \n COMMITTEES.\n\n Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441a) is amended by adding at the end the following new subsection:\n ``(i) No multicandidate political committee may make any \ncontribution to another multicandidate political committee.''.\n\nSEC. 7. ADDITIONAL REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS.\n\n Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n434) is amended by adding at the end the following new subsection:\n ``(d) In addition to any other reporting requirement under this \nsection, each authorized committee of a candidate shall include in any \nreport of contributions to such committee, with respect to any \ncontribution of more than $25, the name and mailing address of the \nperson making the contribution, and, in the case of a contribution by \nan individual, the occupation and the name of the employer of the \nindividual.''.\n\nSEC. 8. NAME REQUIREMENT FOR CERTAIN SEPARATE SEGREGATED FUNDS.\n\n Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 \nU.S.C. 441b(b)(2)) is amended by adding at the end the following new \nsentence: ``Any separate segregated fund under subparagraph (C) that is \na multicandidate political committee shall include in its name the name \nof the entity that establishes the fund.''.\n\nSEC. 9. SIGNATURE OF CANDIDATE REQUIRED ON REPORTS OF AUTHORIZED \n COMMITTEES.\n\n Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n434), as amended by section 7, is further amended by adding at the end \nthe following new subsection:\n ``(e) Any report required by this section with respect to an \nauthorized committee of a candidate shall be signed by the \ncandidate.''.","summary":"Common Sense Campaign Reform Act - Amends the Internal Revenue Code to allow a tax credit of up to $100 for qualified congressional campaign contributions. Amends the Federal Election Campaign Act of 1971 to reduce the ceiling on multicandidate political committee (PAC) contributions to candidates for Federal office. Increases the ceiling on contributions to such candidates by persons other than PACs. Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee other than the principal campaign committee. Prohibits contributions between PACs. Requires the authorized committee of a candidate to include in the report of contributions to such committee certain identifying information of contributors of more than $25. Requires a separate segregated fund established by a national bank, corporation, or labor organization that is a PAC to include in its name the name of the establishing entity. Requires the candidate to sign any required reports.","title":"Common Sense Campaign Reform Act","text_len":6680,"sum_len":1013} {"bill_id":"113_hr1952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spread Pricing Liquidity Act of \n2013''.\n\nSEC. 2. TICK SIZE FOR CERTAIN ISSUERS.\n\n (a) In General.--Section 11A(c)(6) of the Securities Exchange Act \nof 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows:\n ``(6) Tick size for certain issuers.--\n ``(A) Selection.--\n ``(i) In general.--The board of directors \n of an issuer with a public float of \n $500,000,000 or less (based on a rolling \n average over the course of the preceding 3-\n month period) and an average daily trading \n volume of less than 500,000 shares may select \n to have the securities of the issuer quoted and \n traded using an increment of either $0.05 or \n $0.10.\n ``(ii) Manner of selection.--A selection \n under this subparagraph shall be made by \n informing the Commission and each exchange on \n which the securities of the issuer are quoted \n or traded.\n ``(iii) Limitation on certain issuers.--\n With respect to the average trading price in \n the most recent 1-month period for the \n securities of an issuer--\n ``(I) if such average price is less \n than $1, the issuer may not make the \n selection under this subparagraph; and\n ``(II) if such average price is $1 \n or more, but less than $2, the issuer \n may only select to have the securities \n of the issuer quoted and traded using \n an increment of $0.05.\n ``(iv) Consultation.--In making a selection \n under this subparagraph, the board of directors \n shall first consult with the issuer's primary \n listing market.\n ``(B) Trading requirements.--If an issuer has made \n the selection under subparagraph (A)--\n ``(i) all quotes of the securities of such \n issuer shall be done using only the increment \n selected;\n ``(ii) an exchange on which the securities \n of such issuer are traded may not charge a fee \n for a person engaging in such a trade, unless \n such fee is uniform for all trades and based \n solely on the number of shares traded; and\n ``(iii) such selection shall not prevent \n the securities of the issuer being traded at \n increments other than the increment selected.\n ``(C) Right to opt out of selection.--\n ``(i) In general.--An issuer that has made \n the selection under subparagraph (A) may choose \n to opt out of such selection at any time after \n the 6-month period beginning on the date such \n selection was made.\n ``(ii) Manner of opt out.--An issuer that \n chooses to opt out of the selection under \n subparagraph (A) shall do so by informing the \n Commission and each exchange on which the \n securities of the issuer are quoted or traded.\n ``(iii) Future selection.--Subject to \n subparagraph (D), an issuer that opts out of \n the selection under subparagraph (A) may make \n the selection under subparagraph (A) again at \n any time after the 1-year period beginning on \n the date of the opt out.\n ``(D) Treatment of issuers surpassing cap.--If the \n public float of an issuer that has made the selection \n under subparagraph (A) rises above $500,000,000 (based \n on a rolling average over the course of a 3-month \n period) or the average daily trading volume of the \n issuer raises above 500,000 then, after the end of the \n 3-month period beginning on the date of such \n occurrence--\n ``(i) the issuer shall no longer be \n considered to have made the selection under \n subparagraph (A); and\n ``(ii) the issuer shall be ineligible to \n make a selection under subparagraph (A) during \n the 2-year period beginning after the end of \n such 3-month period, regardless of the issuer's \n public float or average daily trading volume.\n ``(E) Study and report.--\n ``(i) In general.--Not later than the end \n of the 9-month period beginning on the date of \n the enactment of this paragraph, and annually \n thereafter, the Commission shall carry out a \n study of the quoting and trading of securities \n in increments of $0.05 and $0.10 permitted by \n this paragraph, and the extent to which such a \n system is increasing liquidity by incentivizing \n capital commitment, research coverage, and \n brokerage support.\n ``(ii) Report to congress.--Upon the \n completion of each study described under clause \n (i), the Commission shall issue a report to the \n Congress containing all of the findings and \n determinations made in carrying out such study, \n along with any legislative recommendations the \n Commission may have.\n ``(F) Definitions.--For purposes of this paragraph:\n ``(i) Average daily trading volume.--With \n respect to a security, the term `average daily \n trading volume' means the average, over the \n previous 3-month period, of--\n ``(I) the aggregate daily volume \n for bids made on the security within \n the price band; and\n ``(II) the aggregate daily volume \n for offers made on the security within \n the price band.\n ``(ii) Price band.--With respect to a \n security, the term `price band' means the range \n between the price that is 25 cents below the \n trading price of the security and the price \n that is 25 cents above the trading price of the \n security.\n ``(iii) Public float.--The term `public \n float' means the amount of equity of an issuer \n that is held by persons who are not affiliated \n with the issuer, determined by multiplying the \n number of shares of such stock by the price of \n one of such shares.''.\n (b) Effective Date.--\n (1) In general.--Section 11A(c)(6) of the Securities \n Exchange Act of 1934, as amended by subsection (a), shall take \n effect--\n (A) with respect to an issuer with a public float \n of $100,000,000 or less (based on a rolling average \n over the course of the preceding 3-month period) and an \n average daily trading volume of less than 100,000, on \n the date of the enactment of this Act;\n (B) with respect to an issuer that is not described \n under subparagraph (A) and that has a public float of \n $250,000,000 or less (based on a rolling average over \n the course of the preceding 3-month period) and an \n average daily trading volume of less than 250,000, \n after the end of the 3-month period beginning on the \n date of the enactment of this Act; and\n (C) with respect to an issuer that is not described \n under subparagraph (A) or (B) and that has a public \n float of $500,000,000 or less (based on a rolling \n average over the course of the preceding 3-month \n period) and an average daily trading volume of less \n than 500,000, after the end of the 6-month period \n beginning on the date of the enactment of this Act.\n (2) Definitions.--For purposes of this subsection, the \n terms ``average daily trading volume'' and ``public float'' \n have the meaning given those terms, respectively, under section \n 11A(c)(6)(F) of the Securities Exchange Act of 1934.","summary":"Spread Pricing Liquidity Act of 2013 - Amends the Securities Exchange Act of 1934 concerning the national market system for securities to authorize the board of directors of an issuer with a public float of $500 million or less to select to have the issuer's securities quoted and traded using an increment (tick) of either $0.05 or $0.10. Prohibits selection of the $0.05 tick unless the average trading price in the most recent 1-month period for the securities of an issuer is between $1 and $2. Limits the tick selection to $0.05 for the issuer of any such security. Prescribes trading requirements. Permits a issuer that has made the selection under this Act to choose to opt out at any time after the six-month period beginning on the date the selection was made. States that, if the public float of an issuer that has made such a tick selection rises above $500 million , or its average daily trading volume rises above $500 million, then after the end of the 3-month period beginning on the date of such occurrence the issuer: (1) shall no longer be considered to have made the tick selection. And (2) shall be ineligible to make such a tick selection for 2 years after such 3-month period. Directs the Securities and Exchange Commission (SEC) to study the quoting and trading of securities in increments of $0.05 and $0.10, and the extent to which such system increases liquidity by incentivizing capital commitment, research coverage, and brokerage support.","title":"Spread Pricing Liquidity Act of 2013","text_len":9830,"sum_len":1467} {"bill_id":"107_s521","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Telework Tax Incentive Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Federal, State, and local governments spend billions of \n dollars annually on the Nation's transportation needs.\n (2) Congestion on the Nation's roads costs over \n $74,000,000,000 annually in lost work time, fuel consumption, \n and costs of infrastructure and equipment repair.\n (3) On average on-road-vehicles contribute 30 percent of \n nitrogen oxides emissions.\n (4) It is estimated that staying at home to work requires 3 \n times less energy consumption than commuting to work.\n (5) It was recently reported that if an identified 10 to 20 \n percent of commuters switched to teleworking, 1,800,000 tons of \n regulated pollutants would be eliminated, 3,500,000,000 gallons \n of gas would be saved, 3,100,000,000 hours of personal time \n would be freed up, and maintenance and infrastructure costs \n would decrease by $500,000,000 annually because of reduced \n congestion and reduced vehicle miles traveled.\n (6) The average American daily commute is 62 minutes for a \n 44-mile round-trip (a total of 6 days per year and 5,808 miles \n per year).\n (7) The increase in work from 1969 to 1996, the increase in \n hours mothers spend in paid work, combined with a shift toward \n single-parent families resulted in families on average \n experiencing a decrease of 22 hours a week (14 percent) in \n parental time available outside of paid work they could spend \n with their children.\n (8) Companies with teleworking programs have found that \n teleworking can boost employee productivity 5 percent to 20 \n percent.\n (9) Today 60 percent of the workforce is involved in \n information work (an increase of 43 percent since 1990) \n allowing and encouraging decentralization of paid work to \n occur.\n (10) In recent years, studies performed in the United \n States have shown a marked expansion of teleworking, with an \n estimate of 19,000,000 Americans teleworking by the year 2002, \n 5 times the amount in 1990.\n\nSEC. 3. CREDIT FOR TELEWORKING.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to foreign tax credit, \netc.) is amended by adding at the end the following new section:\n\n``SEC. 30B. TELEWORKING CREDIT.\n\n ``(a) Allowance of Credit.--In the case of an eligible taxpayer, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for the taxable year an amount equal to the qualified \nteleworking expenses paid or incurred by the taxpayer during such year.\n ``(b) Maximum Credit.--\n ``(1) Per teleworker limitation.--The credit allowed by \n subsection (a) for a taxable year with respect to qualified \n teleworking expenses paid or incurred by or on behalf of an \n individual teleworker shall not exceed $500.\n ``(2) Reduction for teleworking less than full year.--In \n the case of an individual who is in a teleworking arrangement \n for less than a full taxable year, the amount referred to \n paragraph (1) shall be reduced by an amount which bears the \n same ratio to $500 as the number of months in which such \n individual is not in a teleworking arrangement bears to 12. For \n purposes of the preceding sentence, an individual shall be \n treated as being in a teleworking arrangement for a month if \n the individual is subject to such arrangement for any day of \n such month.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Eligible taxpayer.--The term `eligible taxpayer' \n means--\n ``(A) in the case of an individual, an individual \n who performs services for an employer under a \n teleworking arrangement, and\n ``(B) in the case of an employer, an employer for \n whom employees perform services under a teleworking \n arrangement.\n ``(2) Teleworking arrangement.--The term `teleworking \n arrangement' means an arrangement under which an employee \n teleworks for an employer not less than 75 days per year.\n ``(3) Qualified teleworking expenses.--The term `qualified \n teleworking expenses' means expenses paid or incurred under a \n teleworking arrangement for furnishings and electronic \n information equipment which are used to enable an individual to \n telework.\n ``(4) Telework.--The term `telework' means to perform work \n functions, using electronic information and communication \n technologies, thereby reducing or eliminating the physical \n commute to and from the traditional worksite.\n ``(d) Limitation Based on Amount of Tax.--\n ``(1) Liability for tax.--The credit allowable under \n subsection (a) for any taxable year shall not exceed the excess \n (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(2) Carryforward of unused credit.--If the amount of the \n credit allowable under subsection (a) for any taxable year \n exceeds the limitation under paragraph (1) for the taxable \n year, the excess shall be carried to the succeeding taxable \n year and added to the amount allowable as a credit under \n subsection (a) for such succeeding taxable year.\n ``(e) Special Rules.--\n ``(1) Basis reduction.--The basis of any property for which \n a credit is allowable under subsection (a) shall be reduced by \n the amount of such credit (determined without regard to \n subsection (d)).\n ``(2) Recapture.--The Secretary shall, by regulations, \n provide for recapturing the benefit of any credit allowable \n under subsection (a) with respect to any property which ceases \n to be property eligible for such credit.\n ``(3) Property used outside united states, etc., not \n qualified.--No credit shall be allowed under subsection (a) \n with respect to any property referred to in section 50(b) or \n with respect to the portion of the cost of any property taken \n into account under section 179.\n ``(4) Election to not take credit.--No credit shall be \n allowed under subsection (a) for any expense if the taxpayer \n elects to not have this section apply with respect to such \n expense.\n ``(5) Denial of double benefit.--No deduction or credit \n (other than under this section) shall be allowed under this \n chapter with respect to any expense which is taken into account \n in determining the credit under this section.''.\n (b) Technical Amendment.--Subsection (a) of section 1016 of the \nInternal Revenue Code of 1986 is amended by striking ``and'' at the end \nof paragraph (26), by striking the period at the end of paragraph (27) \nand inserting ``; and'', and by adding at the end the following new \nparagraph:\n ``(28) to the extent provided in section 30B(e), in the \n case of amounts with respect to which a credit has been allowed \n under section 30B.''.\n (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n ``Sec. 30B. Teleworking credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act, in taxable years ending after such date.","summary":"Telework Tax Incentive Act - Amends the Internal Revenue Code to allow a tax credit of up to $500 annually for qualified teleworking expenses. Defines such expenses.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking.","text_len":8224,"sum_len":165} {"bill_id":"112_hr6120","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Scaling Up Manufacturing Act of \n2012''.\n\nSEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \neligible business, the manufacturing facility expenditure credit for \nany taxable year is an amount equal to 25 percent of the qualified \nfacility construction expenditures of the taxpayer for the taxable \nyear.\n ``(b) Eligible Business.--For purposes of this section--\n ``(1) In general.--The term `eligible business' means any \n corporation or partnership--\n ``(A) which is engaged in an active trade or \n business,\n ``(B) which is headquartered in the United States,\n ``(C) substantially all of the management or \n administrative activities of which are performed in the \n United States,\n ``(D) which has not (prior to placing into service \n the manufacturing facility designated for purposes of \n this section) placed in service a manufacturing \n facility,\n ``(E) which is a start-up company, and\n ``(F) with respect to which all debt obligations \n issued by, and equity interests in, have a rating of B \n minus (or its substantial equivalent) or higher from a \n credit rating agency registered with the Securities and \n Exchange Commission as a nationally recognized \n statistical rating organization (as defined in section \n 3(a) of the Securities Exchange Act of 1934).\n ``(2) Start-up company.--The term `start-up company' means \n any corporation or partnership--\n ``(A) which first has both gross receipts and \n qualified research expenses (as defined in section \n 41(b)) in a taxable year beginning after December 31, \n 2012, or\n ``(B) which has both gross receipts and qualified \n research expenses (as so defined) in fewer than 3 \n taxable years beginning after December 31, 2012, and \n before January 1, 2018.\n ``(c) Qualified Facility Construction Expenditures.--For purposes \nof this section--\n ``(1) In general.--The term `qualified facility \n construction expenditures' means amounts paid or incurred by \n the taxpayer--\n ``(A) for the construction of a facility \n (designated for purposes of this section by the \n taxpayer at such time and in such form and manner as \n the Secretary shall prescribe) in the United States to \n manufacture a qualified product (including amounts for \n professional services necessary for the planning of \n such construction), and\n ``(B) for the purchase of specialized equipment for \n use at such facility and required for the manufacture \n of such product.\n ``(2) Qualified product.--The term `qualified product' \n means any product which, prior to construction of the facility \n with respect to which a credit is allowed under this section, \n the taxpayer has produced and sold to a bona fide purchaser, \n and such purchaser has placed such product in service.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Recapture.--\n ``(A) In general.--If, as of the close of any \n taxable year, there is a recapture event with respect \n to any facility of the taxpayer with respect to which a \n credit was allowed under this section, then the tax of \n the taxpayer under this chapter for such taxable year \n shall be increased by an amount equal to the product \n of--\n ``(i) the applicable recapture percentage, \n and\n ``(ii) the aggregate decrease in the \n credits allowed under section 38 for all prior \n taxable years which would have resulted if the \n qualified facility construction expenditures of \n the taxpayer described in subsection (c)(1) \n with respect to such facility had been zero.\n ``(B) Applicable recapture percentage.--\n ``(i) In general.--For purposes of this \n subsection, the applicable recapture percentage \n shall be determined in accordance with the \n following table:\n\n``If the recapture event The applicable recapture percentage \n occurs in: is:\n Year 1............................................. 100 \n Year 2............................................. 80 \n Year 3............................................. 60 \n Year 4............................................. 40 \n Year 5............................................. 20 \n Years 6 and thereafter............................. 0.\n ``(ii) Years.--For purposes of clause (i), \n year 1 shall begin on the first day of the \n taxable year in which the facility with respect \n to which a credit was allowed under this \n subsection was placed in service.\n ``(C) Recapture event.--For purposes of this \n paragraph--\n ``(i) In general.--A recapture event occurs \n with respect to any facility if--\n ``(I) the taxpayer becomes \n insolvent, or\n ``(II) the taxpayer disposes of the \n facility to another person who, at this \n time of the disposition, is not an \n eligible business.\n ``(ii) Special rule for facilities not \n placed in service within 5 years.--In the case \n of a facility with respect to which a credit is \n allowed under this section which is not placed \n in service before the close of the 5th taxable \n year beginning after the first taxable year for \n which the credit was so allowed, a recapture \n event shall be treated as having occurred with \n respect to such facility in year 1.\n ``(2) Credit may be assigned.--The amount of qualified \n facility construction expenditures with respect to a facility \n which would (but for this paragraph) be taken into account \n under subsection (a) for any taxable year by any person \n (hereafter in this paragraph referred to as the `initial \n taxpayer')--\n ``(A) may be taken into account by any other person \n to whom such expenditures are assigned by the initial \n taxpayer, and\n ``(B) shall not be taken into account by initial \n taxpayer.\n Any person to whom such expenditures are assigned under \n subparagraph (A) shall be treated for purposes of this title as \n the taxpayer with respect to such expenditures.\n ``(3) Controlled group.--All members of the same controlled \n group of corporations (within the meaning of section 52(a)) and \n all persons under common control (within the meaning of section \n 52(b)) shall be treated as 1 person for purposes of this \n section.\n ``(4) Predecessor.--Any reference in this section to a \n corporation or partnership shall include a reference to any \n predecessor of such corporation or partnership.\n ``(5) Denial of double benefit.--For purposes of this \n subtitle, if a credit is allowed under this section in \n connection with any expenditure for any property, the basis of \n such property shall be reduced by the amount of the credit so \n allowed.''.\n (b) Denial of Double Benefit.--Section 280C of such Code is amended \nby inserting after subsection (h) the following new subsection:\n ``(i) Manufacturing Facility Expenditures.--No deduction shall be \nallowed for that portion of the expenses otherwise allowable as a \ndeduction taken into account in determining the credit under section \n45S for the taxable year which is equal to the amount of the credit \ndetermined for such taxable year under section 45S(a).''.\n (c) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (35), by striking the period at the end of paragraph (36) \nand inserting ``, plus'', and by inserting after paragraph (36) the \nfollowing:\n ``(37) manufacturing facility expenditure credit determined \n under section 45S(a).''.\n (d) Conforming Amendment.--Subsection (a) of section 1016 of such \nCode is amended by striking ``and'' at the end of paragraph (36), by \nstriking the period at the end of paragraph (37) and inserting ``, \nand'', and by adding at the end the following new paragraph:\n ``(38) to the extent provided in section 45S(d)(2).''.\n (e) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act.","summary":"Scaling Up Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow certain start-up companies that are headquartered in the United States a tax credit for up to 25 of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility. Defines a start-up company as any corporation or partnership that: (1) first has both gross receipts and qualified research expenses in a taxable year beginning after December 31, 2012, or (2) has both gross receipts and qualified research expenses in fewer than three taxable years beginning after December 31, 2012, and before January 1, 2018.","title":"To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified manufacturing facility construction costs.","text_len":10223,"sum_len":659} {"bill_id":"105_hr776","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Decennial Census Improvement Act of \n1997''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds that--\n (1) the Constitution requires that the number of persons in \n the Nation be enumerated every 10 years in order to permit the \n apportionment of Representatives among the several States;\n (2) information collected through a decennial census is \n also used to determine--\n (A) the boundaries of congressional districts \n within States;\n (B) the boundaries of the districts for the \n legislature of each State and the boundaries of other \n political subdivisions within the States; and\n (C) the allocation of billions of dollars of \n Federal and State funds;\n (3) the Constitution requires that those enumerations be \n made in such manner as the Congress ``shall by law direct'';\n (4) in the 1990 decennial census, the Bureau of the Census \n used a combination of mail questionnaires and personal \n interviews, involving more than 350,000 enumerators, to collect \n the census data;\n (5) in August 1992, the Bureau concluded that the 1990 \n decennial census had failed to count four million persons or \n 1.6 percent of the population;\n (6) the extent of the undercount varies by group and by the \n part of the country involved; for example, the undercount in \n the 1990 decennial census was--\n (A) 4.4 percent for African Americans, 4.5 percent \n for American Indians, 2.3 percent for Asians or Pacific \n Islanders, and 5 percent for Hispanic Americans; and\n (B) 3.1 percent for New Mexico, 2.8 percent for \n Texas, 2.7 percent for California, and 2 percent for \n Florida;\n (7) in 1993, the Bureau concluded that legislation \n providing that pay for temporary census enumerators in the 2000 \n decennial census not be used to reduce benefits under Federal \n assistance programs would make it easier for the Bureau to hire \n neighborhood people as temporary census enumerators in low-\n income neighborhoods;\n (8) a number of lawsuits were filed challenging the \n accuracy of the 1990 decennial census, and in March 1996 the \n Supreme Court unanimously upheld the Secretary of Commerce's \n decision in July 1991 not to adjust the initial enumeration in \n the 1990 decennial census by using a postenumeration \n statistical survey;\n (9) on February 28, 1996, the Bureau announced that, for \n the 2000 decennial census, it plans to use a combination of \nmail questionnaires and personal interviews in each county until it has \ncollected data from 90 percent of the households in the county, \nwhereupon it would conduct interviews with respect to one-tenth of the \nremaining households in the county and use the information obtained \nfrom those interviews to make estimates with respect to the remaining \nnonresponding households;\n (10) certain witnesses testified, at a hearing held by the \n Committee on Government Reform and Oversight of the House of \n Representatives on February 29, 1996, that the Bureau's \n proposed sampling technique may increase the disparity in the \n undercount among either geographic areas (such as between rural \n and urban areas) or racial or ethnic groups (such as with \n respect to African Americans and Hispanic Americans, as \n compared to other groups);\n (11) the planning, conduct, and analysis of a decennial \n census often requires close to a period of 10 years;\n (12) the Bureau estimates that the proposed sampling \n technique will cost about $500 million less, over that period \n of time, than the $4.4 billion that it estimates would be spent \n over that same period if the method used in the 1990 decennial \n census were to be used (instead of such sampling technique) in \n the 2000 decennial census; and\n (13) the Chairman of the Panel on Census Requirements in \n the Year 2000 and Beyond of the National Academy of Sciences \n testified at the February 29th hearing that there is a trade-\n off between cost savings associated with using a sampling \n technique on the one hand, and adverse effects with respect to \n sampling variability, public perception, and political \n consequences, on the other.\n (b) Purposes.--It is the purpose of this Act to promote the \naccuracy of the 2000 decennial census, and public confidence with \nrespect to the data obtained therefrom.\n\nSEC. 3. REQUIREMENTS.\n\n The 2000 decennial census shall be conducted in accordance with the \nfollowing:\n (1) Direct contact must be attempted.--The Bureau shall \n attempt to contact every household directly (whether by mail or \n in person), and may use sampling as a substitute for direct \n contact in a particular census tract only after direct contact \n has been made with at least 90 percent of the households in \n such tract.\n (2) Greater use of non-federal resources.--The Bureau--\n (A) shall seek to make more effective use of State \n and local government offices, as well as appropriate \n local groups, in order to reduce the undercount; and\n (B) shall include, as part of its report under \n section 141(f) of title 13, United States Code, next \n due after the date of the enactment of this Act, a \n description of the measures it intends to pursue to \n carry out subparagraph (A).\n\nSEC. 4. MEASURES TO FACILITATE THE RECRUITMENT OF TEMPORARY EMPLOYEES.\n\n (a) Purposes for Which Compensation Shall Not Be Taken Into \nAccount.--Section 23 of title 13, United States Code, is amended by \nadding at the end the following:\n ``(d) Compensation for services performed by an individual \nappointed by the Secretary to a temporary position for purposes \nrelating to the 2000 decennial census (if the position is so designated \nby the Secretary, in writing, at the time of such individual's \nappointment) shall not be taken into account for purposes of \ndetermining either the eligibility of any individual for or the amount \nof benefits payable to an individual under any Federal, State, or local \nprogram financed in whole or in part with Federal funds.''.\n (b) Exemption From Provisions Relating to Reemployed Annuitants and \nFormer Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. \n23 note) is amended--\n (1) in section 1(b) and the long title by striking ``the \n 1990 decennial census'' and inserting ``the 2000 decennial \n census''; and\n (2) in section 4 by striking ``December 31, 1990.'' and \n inserting ``December 31, 2000.''.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``census'' means a census of population within \n the meaning of section 141(g) of title 13, United States Code;\n (2) the term ``Bureau'' means the Bureau of the Census; and\n (3) the term ``census tract'' means a statistical \n subdivision as defined by the Bureau for purposes of the 1990 \n decennial census.","summary":"Decennial Census Improvement Act of 1997 - Requires the Bureau of the Census, in conducting the 2000 decennial census, to: (1) attempt to contact every household directly, whether by mail or in person. And (2) seek to make more effective use of State and local government offices and appropriate local groups to reduce the undercount and include in a specified report a description of the measures it intends to pursue to carry out such requirement. Prohibits taking into account compensation for services performed by an individual appointed by the Secretary of Commerce to a temporary position for purposes relating to the 2000 decennial census for purposes of determining either the individual's eligibility for benefits, or the amount of benefits payable to an individual, under any Federal, State, or local program financed with Federal funds. Modifies Federal law regarding exemptions for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census. And (2) inapplicable to any service performed after December 31, 2000.","title":"Decennial Census Improvement Act of 1997","text_len":7653,"sum_len":1176} {"bill_id":"104_hr3235","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Office of Government Ethics \nAuthorization Act of 1996''.\n\nSEC. 2. GIFT ACCEPTANCE AUTHORITY.\n\n Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. \n5) is amended--\n (1) by inserting ``(a)'' before ``Upon the request''; and\n (2) by adding at the end the following:\n ``(b)(1) The Director is authorized to accept and utilize on behalf \nof the United States, any gift, donation, bequest, or devise of money, \nuse of facilities, personal property, or services for the purpose of \naiding or facilitating the work of the Office of Government Ethics.\n ``(2) No gift may be accepted--\n ``(A) that attaches conditions inconsistent with applicable \n laws or regulations; or\n ``(B) that is conditioned upon or will require the expenditure \n of appropriated funds that are not available to the Office of \n Government Ethics.\n ``(3) The Director shall establish written rules setting forth the \ncriteria to be used in determining whether the acceptance of \ncontributions of money, services, use of facilities, or personal \nproperty under this subsection would reflect unfavorably upon the \nability of the Office of Government Ethics, or any employee of such \nOffice, to carry out its responsibilities or official duties in a fair \nand objective manner, or would compromise the integrity or the \nappearance of the integrity of its programs or any official involved in \nthose programs.''.\n\nSEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.\n\n The text of section 405 of the Ethics in Government Act of 1978 (5 \nU.S.C. App. 5) is amended to read as follows: ``There are authorized to \nbe appropriated to carry out this title such sums as may be necessary \nfor each of fiscal years 1997 through 1999.''.\n\nSEC. 4. REPEAL AND CONFORMING AMENDMENTS.\n\n (a) Repeal of Display Requirement.--The Act entitled ``An Act to \nprovide for the display of the Code of Ethics for Government Service,'' \napproved July 3, 1980 (5 U.S.C. 7301 note), is repealed.\n (b) Conforming Amendments.--\n (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance \n Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the \n concurrence of the Office of Government Ethics,''.\n (2) Ethics in government act of 1978.--(A) The heading for \n section 401 of the Ethics in Government Act of 1978 is amended to \n read as follows:\n\n\n ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.\n\n (B) Section 408 of such Act is amended by striking ``March 31'' \n and inserting ``April 30''.\n\nSEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.\n\n Section 207(j) of title 18, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(7) Political parties and campaign committees.--(A) Except as \n provided in subparagraph (B), the restrictions contained in \n subsections (c), (d), and (e) shall not apply to a communication or \n appearance made solely on behalf of a candidate in his or her \n capacity as a candidate, an authorized committee, a national \n committee, a national Federal campaign committee, a State \n committee, or a political party.\n ``(B) Subparagraph (A) shall not apply to--\n ``(i) any communication to, or appearance before, the \n Federal Election Commission by a former officer or employee of \n the Federal Election Commission; or\n ``(ii) a communication or appearance made by a person who \n is subject to the restrictions contained in subsections (c), \n (d), or (e) if, at the time of the communication or appearance, \n the person is employed by a person or entity other than--\n ``(I) a candidate, an authorized committee, a national \n committee, a national Federal campaign committee, a State \n committee, or a political party; or\n ``(II) a person or entity who represents, aids, or \n advises only persons or entities described in subclause \n (I).\n ``(C) For purposes of this paragraph--\n ``(i) the term `candidate' means any person who seeks \n nomination for election, or election, to Federal or State \n office or who has authorized others to explore on his or her \n behalf the possibility of seeking nomination for election, or \n election, to Federal or State office;\n ``(ii) the term `authorized committee' means any political \n committee designated in writing by a candidate as authorized to \n receive contributions or make expenditures to promote the \n nomination for election, or the election, of such candidate, or \n to explore the possibility of seeking nomination for election, \n or the election, of such candidate, except that a political \n committee that receives contributions or makes expenditures to \n promote more than 1 candidate may not be designated as an \n authorized committee for purposes of subparagraph (A);\n ``(iii) the term `national committee' means the \n organization which, by virtue of the bylaws of a political \n party, is responsible for the day-to-day operation of such \n political party at the national level;\n ``(iv) the term `national Federal campaign committee' means \n an organization that, by virtue of the bylaws of a political \n party, is established primarily for the purpose of providing \n assistance, at the national level, to candidates nominated by \n that party for election to the office of Senator or \n Representative in, or Delegate or Resident Commissioner to, the \n Congress;\n ``(v) the term `State committee' means the organization \n which, by virtue of the bylaws of a political party, is \n responsible for the day-to-day operation of such political \n party at the State level;\n ``(vi) the term `political party' means an association, \n committee, or organization that nominates a candidate for \n election to any Federal or State elected office whose name \n appears on the election ballot as the candidate of such \n association, committee, or organization; and\n ``(vii) the term `State' means a State of the United \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, and any territory or possession of the United States.''.\n\nSEC. 6. PAY LEVEL.\n\n Section 207(c)(2)(A)(ii) of title 18, United States Code, is \namended by striking ``level V of the Executive Schedule,'' and \ninserting ``level 5 of the Senior Executive Service,''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Office of Government Ethics Authorization Act of 1996 - Amends the Ethics in Government Act of 1978 to: (1) authorize the Office of Government Ethics (OGE) Director to accept gifts for OGE use. And (2) extend the authorization of appropriations for the OGE. Amends Federal law to repeal the requirement that Federal buildings display the Code of Ethics for Government Service. Modifies postemployment restrictions on certain senior personnel. Modifies the level of pay applicable with respect to certain senior personnel of the executive branch and independent agencies.","title":"Office of Government Ethics Authorization Act of 1996","text_len":6951,"sum_len":570} {"bill_id":"105_s1925","text":"SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.\n\n The second sentence of subsection (a) of the first section of the \nAct of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415), is \namended--\n (1) by inserting ``lands held in trust for the Confederated \n Tribes of the Grand Ronde Community of Oregon,'' after ``lands \n held in trust for the Cahuilla Band of Indians of \n California,''; and\n (2) by inserting ``the Cabazon Indian Reservation,'' after \n ``the Navajo Reservation,''.\n\nSEC. 2. GRAND RONDE RESERVATION ACT.\n\n Section 1(c) of the Act entitled ``An Act to establish a \nreservation for the Confederated Tribes of the Grand Ronde Community of \nOregon, and for other purposes,'' approved September 9, 1988 (102 Stat. \n1594), is amended--\n (1) by striking ``10,120.68 acres of land'' and inserting \n ``10,311.60 acres of land''; and\n (2) in the table contained in that subsection, by striking \n all after\n\n\n \n \n \n \n ``4 7 30 Lots 3, 4, SW\\1\/4\\NE\\1\/4\\, SE\\1\/ 240''\n 4\\NW\\1\/4\\, E\\1\/2\\SW\\1\/4\\; \n \n\n through the end of the table, and inserting the following:\n\n\n \n \n \n \n ``6 8 1 N\\1\/2\\SW\\1\/4\\ 29.59\n \n 6 8 12 W\\1\/2\\SW\\1\/4\\NE\\1\/4\\, SE\\1\/4\\SW\\1\/ 21.70\n 4\\NE\\1\/4\\NW\\1\/4\\, N\\1\/2\\SE\\1\/ \n 4\\NW\\1\/4\\, N\\1\/2\\SW\\1\/4\\SW\\1\/ \n 4\\SE\\1\/4\\ \n \n 6 8 13 W\\1\/2\\E\\1\/2\\NW\\1\/4\\NW\\1\/4\\ 5.31\n \n 6 7 7 E\\1\/2\\E\\1\/2\\ 57.60\n \n 6 7 8 SW\\1\/4\\SW\\1\/4\\NW\\1\/4\\, W\\1\/2\\SW\\1\/ 22.46\n 4\\ \n \n 6 7 17 NW\\1\/4\\NW\\1\/4\\, N\\1\/2\\SW\\1\/4\\NW\\1\/ 10.84\n 4\\ \n \n 6 7 18 E\\1\/2\\NE\\1\/4\\ 43.42\n ------------\n Total 10,311.60''\n \n\nSEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT.\n\n Section 3711(b) of the San Carlos Apache Tribe Water Rights \nSettlement Act of 1992 (106 Stat. 4752) is amended by striking \n``subsections (c) and (d) of section 3704'' inserting ``section \n3704(d)''.\n\nSEC. 4. YUROK SETTLEMENT RECOGNITION.\n\n Section 4 of Public Law 98-458 (25 U.S.C. 1407) is amended--\n (1) in paragraph (2), by striking ``or'' at the end;\n (2) in paragraph (3), by inserting ``or'' at the end; and\n (3) by inserting after paragraph (3) the following:\n ``(4) are distributed pursuant to--\n ``(A) the judgment of the United States Claims \n Court (which was subsequently reorganized as the United \n States Court of Federal Claims) in Jesse Short et al. \n v. United States, 486 F2d. 561 (Ct. Cl. 1973); or\n ``(B) any other judgment of the United States Court \n of Federal Claims in favor of 1 or more individual \n Indians,''.\n\nSEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EXPENDITURE \n AUTHORIZATION.\n\n Notwithstanding any other provision of law, any funds that were \nprovided to the Ponca Tribe of Nebraska for any of the fiscal years \n1992 through 1998 pursuant to a self-determination contract with the \nSecretary of Health and Human Services that the Ponca Tribe of Nebraska \nentered into under section 102 of the Indian Self-Determination and \nEducation Assistance Act (25 U.S.C. 450f) that were retained by the \nPonca Tribe of Nebraska to carry out programs and functions of the \nIndian Health Service may be used by the Ponca Tribe of Nebraska to \npurchase or build facilities for the health services programs of the \nPonca Tribe of Nebraska.\n\nSEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.\n\n Section 12 of the Navajo-Hopi Land Dispute Settlement Act (Public \nLaw 104-301; 110 Stat. 3653) is amended--\n (1) in subsection (a)(1)(C), in the first sentence, by \n inserting ``of surface water'' after ``on such lands''; and\n (2) in subsection (b), striking ``subsection (a)(3)'' both \n places it appears and inserting ``subsection (a)(1)(C)''.\n\nSEC. 7. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.\n\n (a) In General.--The Secretary of the Interior shall take such \naction as may be necessary to extend the terms of the projects referred \nto in section 512 of the Indian Health Care Improvement Act (25 U.S.C. \n1660b) so that the term of each such project expires on October 1, \n2002.\n (b) Amendment to Indian Health Care Improvement Act.--Section 512 \nof the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended \nby adding at the end the following:\n ``(c) In addition to the amounts made available under section 514 \nto carry out this section through fiscal year 2000, there are \nauthorized to be appropriated such sums as may be necessary to carry \nout this section for each of fiscal years 2001 and 2002.''.\n\nSEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS \n RESERVATION ACT.\n\n Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act \n(Public Law 98-481, 98 Stat. 2253) is amended by adding at the end the \nfollowing:\n ``(4) In Lane County, Oregon, a parcel described as \n beginning at the common corner to sections 23, 24, 25, and 26 \n township 18 south, range 12 west, Willamette Meridian; then \n west 25 links; then north 2 chains and 50 links; then east 25 \n links to a point on the section line between sections 23 and \n 24; then south 2 chains and 50 links to the place of origin, \n and containing .062 of an acre, more or less, situated and \n lying in section 23, township 18 south, range 12 west, of \n Willamette Meridian.''.\n\nSEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.\n\n Section 2(b) of the Hoopa Valley Reservation South Boundary \nAdjustment Act (25 U.S.C. 1300i-1 note) is amended--\n (1) by striking ``north 72 degrees 30 minutes east'' and \n inserting ``north 73 degrees 50 minutes east''; and\n (2) by striking ``south 15 degrees 59 minutes east'' and \n inserting ``south 14 degrees 36 minutes east''.\n\nSEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF \n SILETZ INDIANS OF OREGON.\n\n Section 2 of the Act entitled ``An Act to establish a reservation \nfor the Confederated Tribes of Siletz Indians of Oregon'', approved \nSeptember 4, 1980 (94 Stat. 1073 and 1074), is amended--\n (1) in the first sentence, by striking ``The Secretary'' \n and inserting ``(a) The Secretary''; and\n (2) by adding at the end the following:\n ``(b) Subject to the express limitations under sections 4 and 5, \nfor purposes of determining eligibility for Federal assistance \nprograms, the service area of the Confederated Tribes of the Siletz \nIndians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, \nMarion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in \nOregon.''.\n\nSEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT.\n\n Section 111 of the Michigan Indian Land Claims Settlement Act (111 \nStat. 2665) is amended--\n (1) by striking ``The eligibility'' and inserting the \n following:\n ``(b) Treatment of Funds for Purposes of Certain Federal Programs \nand Benefits.--The eligibility''; and\n (2) by inserting before subsection (b), as designated by \n paragraph (1) of this section, the following:\n ``(a) Treatment of Funds for Purposes of Income Taxes.--None of the \nfunds distributed pursuant to this Act, or pursuant to any plan \napproved in accordance with this Act, shall be subject to Federal or \nState income taxes.''.\n\nSEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS.\n\n (a) Authorization.--Section 711(h) of the Indian Health Care \nImprovement Act (25 U.S.C. 1665j(h)) is amended by striking ``for \neach'' and all that follows through ``2000,'' and inserting ``for each \nof fiscal years 1996 through 2000,''.\n (b) Reference.--Section 4(12)(B) of the Native American Housing \nAssistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) \nis amended by striking ``Indian Self-Determination and Education \nAssistance Act of 1975'' and inserting ``Indian Self-Determination and \nEducation Assistance Act (25 U.S.C. 450 et seq.)''.\n\nSEC. 13. TRANSFER OF WATER RIGHTS.\n\n The Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. \n2237 et seq.) is amended by adding at the end the following:\n\n``SEC. 12. TRANSFER OF WATER RIGHTS.\n\n ``(a) In General.--In accordance with the requirements of section \n2116 of the Revised Statutes (25 U.S.C. 177), the transfer of water \nrights set forth in paragraph (5) of the stipulation and settlement \nagreement between the Jicarilla Apache Tribe and other parties to the \ncase referred to in section 8(e)(1)(B)(ii), that was executed on \nOctober 7, 1997, is approved.\n ``(b) Effective Date.--The approval under subsection (a) shall \nbecome effective on the date of entry of a partial final decree by the \ncourt for the case referred to in that subsection that quantifies the \nreserved water rights claims of the Jicarilla Apache Tribe.''.\n\nSEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.\n\n (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health \nCare Act of 1988 (42 U.S.C. 11709(a)(1)) is amended by striking ``meet \nthe requirements of section 338A of the Public Health Service Act (42 \nU.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), \n(3), and (4) of section 338A(b) of the Public Health Service Act (42 \nU.S.C. 254l(b))''.\n (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian \nHealth Care Act of 1988 (42 U.S.C. 11709(b)(1)) is amended--\n (1) in subparagraph (A), by inserting ``identified in the \n Native Hawaiian comprehensive health care master plan \n implemented under section 4'' after ``health care \n professional'';\n (2) by redesignating subparagraphs (B) through (D) as \n subparagraphs (C) through (E), respectively;\n (3) by inserting after subparagraph (A) the following:\n ``(B) the primary health services covered under the \n scholarship assistance program under this section shall be the \n services included under the definition of that term under \n section 12(8),'';\n (4) by striking subparagraph (D), as redesignated, and \n inserting the following:\n ``(D) the obligated service requirement for each \n scholarship recipient shall be fulfilled through the full-time \n clinical or nonclinical practice of the health profession of \n scholarship recipient, in an order of priority that would \n provide for practice--\n ``(i) first, in any 1 of the 5 Native \n Hawaiian health care systems, and\n ``(ii) second, in--\n ``(I) a health professional \n shortage area or medically underserved \n area located in the State of Hawaii, or\n ``(II) geographic area or facility \n that is--\n ``(aa) located in the State \n of Hawaii, and\n ``(bb) has a designation \n that is similar to a \n designation described in \n subclause (I) made by the \n Secretary, acting through the \n Public Health Service,'';\n (5) in subparagraph (E), as redesignated, by striking the \n period and inserting a comma; and\n (6) by adding at the end the following:\n ``(F) the obligated service of a scholarship recipient \n shall not be performed by the recipient through membership in \n the National Health Service Corps, and\n ``(G) the requirements of sections 331 through 338 of the \n Public Health Service Act (42 U.S.C. 254d through 254k), \n section 338C of that Act (42 U.S.C. 254m), other than \n subsection (b)(5) of that section, and section 338D of that Act \n (42 U.S.C. 254n) applicable to scholarship assistance provided \n under section 338A of that Act (42 U.S.C. 254l) shall not apply \n to the scholarship assistance provided under subsection (a) of \n this section.''.","summary":"Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the US Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.","title":"A bill to make certain technical corrections in laws relating to Native Americans, and for other purposes.","text_len":15495,"sum_len":2103} {"bill_id":"105_hr3950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Otay Mountain Wilderness Act of \n1998''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares the following:\n (1) The public lands within the Otay Mountain region of \n California are one of the last remaining pristine locations in \n western San Diego County, California.\n (2) This rugged mountain adjacent to the United States-\n Mexico border is internationally known for its diversity of \n unique and sensitive plants.\n (3) This area plays a critical role in San Diego's multi-\n species conservation plan, a national model made for \n maintaining biodiversity.\n (4) Due to its proximity to the international border, this \n area is the focus of important law enforcement and border \n interdiction efforts necessary to curtail illegal immigration \n and protect the area's wilderness values.\n (5) The illegal immigration traffic, combined with the \n rugged topography, also presents unique fire management \n challenges for protecting lives and resources.\n\nSEC. 3. DESIGNATION.\n\n In furtherance of the purposes of the Wilderness Act (16 U.S.C. \n1131 et seq.), certain public lands in the California Desert District \nof the Bureau of Land Management, California, comprising approximately \n18,500 acres as generally depicted on a map entitled ``Otay Mountain \nWilderness'' and dated May 7, 1998, are hereby designated as wilderness \nand therefore as a component of the National Wilderness Preservation \nSystem, which shall be known as the Otay Mountain Wilderness.\n\nSEC. 4. MAP AND LEGAL DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, a map and a legal description for the Wilderness Area \nshall be filed by the Secretary with the Committee on Energy and \nNatural Resources of the Senate and the Committee on Resources of the \nHouse of Representatives. Such map and legal description shall have the \nsame force and effect as if included in this Act, except that the \nSecretary, as appropriate, may correct clerical and typographical \nerrors in such legal description and map. Such map and legal \ndescription for the Wilderness Area shall be on file and available for \npublic inspection in the offices of the Director and California State \nDirector, Bureau of Land Management, Department of the Interior.\n (b) United States-Mexico Border.--In carrying out this section, the \nSecretary shall ensure that the southern boundary of the Wilderness \nArea is 100 feet north of the trail depicted on the map referred to in \nsubsection (a) and is at least 100 feet from the United States-Mexico \ninternational border.\n\nSEC. 5. WILDERNESS REVIEW.\n\n The Congress hereby finds and directs that all the public lands not \ndesignated wilderness within the boundaries of the Southern Otay \nMountain Wilderness Study Area (CA-060-029) and the Western Otay \nMountain Wilderness Study Area (CA-060-028) managed by the Bureau of \nLand Management and reported to the Congress in 1991, have been \nadequately studied for wilderness designation pursuant to section 603 \nof the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), \nand are no longer subject to the requirements contained in section \n603(c) of that Act pertaining to the management of wilderness study \nareas in a manner that does not impair the suitability of such areas \nfor preservation as wilderness.\n\nSEC. 6. ADMINISTRATION OF WILDERNESS AREA.\n\n (a) In General.--Subject to valid existing rights and to subsection \n(b), the Wilderness Area shall be administered by the Secretary in \naccordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et \nseq.), except that--\n (1) any reference in such provisions to the effective date \n of the Wilderness Act is deemed to be a reference to the \n effective date of this Act; and\n (2) any reference in such provisions to the Secretary of \n Agriculture is deemed to be a reference to the Secretary of the \n Interior.\n (b) Border Enforcement, Drug Interdiction, and Wildland Fire \nProtection.--Nothing in this Act or the Wilderness Act may be construed \nto preclude Federal, State, and local agencies from conducting within \nthe Wilderness Area, in accordance with appropriate conditions \ndetermined by the Secretary--\n (1) drug interdiction and border operations, including the \n installation of electronic sensors and other surveillance \n equipment; and\n (2) wildland fire management operations, including \n prescribed burns.\n\nSEC. 7. FURTHER ACQUISITIONS.\n\n Any lands within the boundaries of the Wilderness Area that are \nacquired by the United States after the date of enactment of this Act \nshall become part of the Wilderness Area and shall be managed in \naccordance with all the provisions of this Act and other laws \napplicable to such a wilderness.\n\nSEC. 8. NO BUFFER ZONES.\n\n The Congress does not intend for the designation of the Wilderness \nArea by this Act to lead to the creation of protective perimeters or \nbuffer zones around the Wilderness Area. The fact that nonwilderness \nactivities or uses can be seen or heard from areas within the \nWilderness Area shall not, of itself, preclude such activities or uses \nup to the boundary of the Wilderness Area.\n\nSEC. 9. DEFINITIONS.\n\n As used in this Act:\n (1) Public lands.--The term ``public lands'' has the same \n meaning as that term has in section 103(e) of the Federal Land \n Policy and Management Act of 1976.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (3) Wilderness area.--The term ``Wilderness Area'' means \n the Otay Mountain Wilderness designated by section 3.","summary":"Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Declares that such designation: (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness. And (2) is not intended to lead to the creation of protective buffer zones around the Wilderness.","title":"Otay Mountain Wilderness Act of 1998","text_len":5896,"sum_len":463} {"bill_id":"110_hr673","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cocopah Lands Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The reservation of the Cocopah Tribe of Arizona is \n located in Yuma County, Arizona.\n (2) That reservation was created by an Executive order \n signed by President Woodrow Wilson in 1917.\n (3) The Tribe's land holdings are located within 3 \n noncontiguous reservations comprising a total of approximately \n 6,226.3 acres of trust land.\n (4) The Tribe purchased the additional lands to provide \n infrastructure to housing areas, water, and economic \n development to tribal members.\n (5) The current trust land base of the reservation is \n insufficient to provide such needs.\n (6) The Tribe acquired 7 parcels of land contiguous to its \n present reservation lands in 1986, 1993, 1997, and 2005, and \n these parcels are currently classified as ``Tribal fee lands'' \n under Federal law.\n (7) The acquired parcels shall not be taken into trust for \n gaming purposes.\n (8) The best means of solving the Tribe's land and economic \n needs to its tribal members is to require the Secretary to take \n lands in Yuma County, Arizona, that are acquired by the Tribe \n into trust for the Tribe subject to the provisions of this Act.\n\nSEC. 3. DEFINITIONS.\n\n For the purpose of this Act, the following definitions apply:\n (1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of \n Arizona.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. LANDS TO BE TAKEN INTO TRUST.\n\n (a) Lands To Be Taken Into Trust.--If the Tribe transfers title to \nthe land described in subsection (b) to the Secretary, the Secretary \nshall take that land into trust for the benefit of the Tribe, if at the \ntime of such transfer there are no recognized environmental conditions \nor contamination related concerns and no adverse legal claims to such \nland, including outstanding liens, mortgages, or taxes owed.\n (b) Land Described.--The land referred to in subsection (a) is \ndescribed as follows:\n (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\\1\/4\\ \n of the NW\\1\/4\\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and \n Salt River Base and Meridian, Yuma County, Arizona, except that \n portion of the SW\\1\/4\\ of the NW\\1\/4\\, of said Sec. 1, T. 10 \n S., R. 25 W., lying southeasterly of the north right-of-way \n line of the Bureau of Reclamation levee.\n (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\\1\/4\\ \n of the NE\\1\/4\\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and \n Salt River Base and Meridian, Yuma County, Arizona.\n (3) Parcel 3 (mcdaniel purchase 1993).--That part of the \n E\\1\/2\\ of the SE\\1\/4\\, lying south of the East Main Bureau of \n Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., \n of the Gila and Salt River Base and Meridian, Yuma County, \n Arizona.\n (4) Parcel 4 (holland purchase 1997).--That portion of the \n NW\\1\/4\\ of the NE\\1\/4\\, of Sec. 31, T. 16 S., R 22 E., of the \n San Bernardino Base and Meridian, Yuma County, Arizona, lying \n north of the levee and Salinity Canal; except the north 220 \n feet.\n (5) Parcel 5 (holland purchase 1997).--An easement over the \n easterly 15 feet of the north 220 feet of that portion of the \n NW\\1\/4\\ of the NE\\1\/4\\, of Sec. 31, T. 16 S., R. 22 E., of the \n San Bernardino Base and Meridian, Yuma County, Arizona, lying \n north of the levee and Salinity Canal for irrigation purposes.\n (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, \n Sec. 29, and Lots 16 and 17 and the N\\1\/2\\ of the SW\\1\/4\\ of \n the SE\\1\/4\\, of Sec. 30, T. 16 S., R. 22 E., of the San \n Bernardino Meridian, Yuma County, Arizona, according to the \n dependent resurvey of the Bureau of Land Management, accepted \n December 9, 1960.\n (7) Parcel 7 (speed way purchase 2005).--That portion of \n the W\\1\/2\\ of the SE\\1\/4\\ of Sec. 30, T. 9 S., R. 23 W., of the \n Gila and Salt River Base and Meridian, Yuma County, Arizona, \n lying south and east of the East Main Canal; except the south \n 33 feet thereof; except one-third interest in and to all \n mineral rights, as reserved in the deed recorded in Docket \n 1461, page 600, records of Yuma County, Arizona.\n (c) Lands To Be Made Part of the Reservation.--Land taken into \ntrust pursuant to subsection (a) shall be considered to be part of the \nTribe's initial reservation.\n (d) Service Area.--For the purposes of the delivery of Federal \nservices to enrolled members of the Tribe, the Tribe's service area \nshall be Yuma County, Arizona.\n (e) Gaming Prohibited.--Land taken into trust for the benefit of \nthe Tribe under this Act shall not be used for gaming under the Indian \nGaming Regulatory Act.\n\n Passed the House of Representatives July 30, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Designates Yuma county, Arizona, to be the Tribe's service area for the delivery of federal services to enrolled members of the Tribe. Prohibits its use for gaming under the Indian Gaming Regulatory Act.","title":"A bill to direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Tribe of Arizona, and for other purposes.","text_len":5403,"sum_len":664} {"bill_id":"110_s855","text":"SECTION 1. ROCKLAND HARBOR, MAINE.\n\n As of the date of enactment of this Act, the portion of the project \nfor navigation, Rockland Harbor, Maine, authorized by the Act of June \n3, 1896 (29 Stat. 202, chapter 314), consisting of a 14-foot channel \nlocated in Lermond Cove and beginning at a point with coordinates N. \n99977.37, E. 340290.02, thence running easterly about 200.00 feet to a \npoint with coordinates N. 99978.49, E. 340490.02, thence running \nnortherly about 138.00 feet to a point with coordinates N. 100116.49, \nE. 340289.25, thence running westerly about 200.00 feet to a point with \ncoordinates N. 100115.37, E. 340289.25, thence running southerly about \n138.00 feet to the point of origin, is not authorized.\n\nSEC. 2. REDESIGNATION OF PROJECT FOR NAVIGATION, SACO RIVER, MAINE.\n\n The portion of the project for navigation, Saco River, Maine, \nauthorized under section 107 of the River and Harbor Act of 1960 (33 \nU.S.C. 577) and described as a 6-foot deep, 10-acre maneuvering basin \nlocated at the head of navigation, is redesignated as an anchorage \narea.\n\nSEC. 3. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION REPORT.\n\n (a) In General.--Not later than May 31, 2007, the Secretary shall \npublish a supplement to the major rehabilitation report for the Herbert \nHoover Dike system, approved by the Chief of Engineers in November \n2000.\n (b) Inclusions.--The supplemental report under subsection (a) shall \ninclude--\n (1) an evaluation of existing conditions at the Herbert \n Hoover Dike system;\n (2) an identification of additional risks associated with \n flood events at the system that are equal to or greater than \n the standard projected flood risks;\n (3) an evaluation of the potential to integrate projects of \n the Corps of Engineers into an enhanced flood protection system \n for Lake Okeechobee, including--\n (A) the potential for additional water storage \n north of Lake Okeechobee; and\n (B) an analysis of other project features included \n in the Comprehensive Everglades Restoration Plan; and\n (4) a review of the report prepared for the South Florida \n Water Management District dated April 2006.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $1,500,000.\n\nSEC. 4. ILLINOIS WATERWAY, SOUTH FORK OF THE SOUTH BRANCH OF THE \n CHICAGO RIVER, ILLINOIS.\n\n (a) In General.--The portion of the Illinois Waterway project \nauthorized by the Act of January 21, 1927 (commonly known as the \n``River and Harbor Act of 1927'') (44 Stat. 1013), in the South Fork of \nthe South Branch of the Chicago River, as identified in subsection (b) \nis not authorized.\n (b) Description of Project Portion.--The portion of the project \nreferred to in subsection (a) is the portion of the SW \\1\/4\\ of sec. \n29, T. 39 N., R. 14 E., Third Principal Meridian, Cook County, \nIllinois, and more particularly described as follows:\n (1) Commencing at the SW corner of the SW \\1\/4\\.\n (2) Thence north 1 degree, 32 minutes, 31 seconds west, \n bearing based on the Illinois State Plane Coordinate System, \n NAD 83 east zone, along the west line of that quarter, 1810.16 \n feet to the southerly line of the Illinois and Michigan Canal.\n (3) Thence north 50 degrees, 41 minutes, 55 seconds east \n along that southerly line 62.91 feet to the easterly line of \n South Ashland Avenue, as widened by the ordinance dated \n November 24, 1920, which is also the east line of an easement \n to the State of Illinois for highway purposes numbered 12340342 \n and recorded July 13, 1939, for a point of beginnings.\n (4) Thence continuing north 50 degrees, 41 minutes, 55 \n seconds east along that southerly line 70.13 feet to the \n southerly line of the South Branch Turning Basin per for the \n plat numbered 3645392 and recorded January 19, 1905.\n (5) Thence south 67 degrees, 18 minutes, 31 seconds east \n along that southerly line 245.50 feet.\n (6) Thence north 14 degrees, 35 minutes, 13 seconds east \n 145.38 feet.\n (7) Thence north 10 degrees, 57 minutes, 15 seconds east \n 326.87 feet.\n (8) Thence north 17 degrees, 52 minutes, 44 seconds west \n 56.20 feet.\n (9) Thence north 52 degrees, 7 minutes, 32 seconds west \n 78.69 feet.\n (10) Thence north 69 degrees, 26 minutes, 35 seconds west \n 58.97 feet.\n (11) Thence north 90 degrees, 00 minutes, 00 seconds west \n 259.02 feet to the east line of South Ashland Avenue.\n (12) Thence south 1 degree, 32 minutes, 31 seconds east \n along that east line 322.46 feet.\n (13) Thence south 00 degrees, 14 minutes, 35 seconds east \n along that east line 11.56 feet to the point of beginnings.","summary":"Deauthorizes: (1) a portion of the project for navigation at Rockland Harbor, Maine. And (2) the portion of the Illinois Waterway project authorized by the River and Harbor Act of 1927 in the South Fork of the South Branch of the Chicago River. Redesignates a portion of the navigation project, Saco River, Maine, described as a maneuvering basin as an anchorage area. Directs the Secretary of the Army, by May 31, 2007, to publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system, approved by the Chief of Engineers in November 2000, which shall: (1) evaluate existing conditions at the Herbert Hoover Dike system. (2) identify additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks. (3) evaluate the potential to integrate Corps of Engineers projects into an enhanced flood protection system for Lake Okeechobee, including the potential for additional water storage north of that lake and an analysis of other project features included in the Comprehensive Everglades Restoration Plan. And (4) review the report prepared for the South Florida Water Management District dated April 2006.","title":"A bill to deauthorize a certain portion of the project for navigation, Rockland Harbor, Maine.","text_len":5054,"sum_len":1196} {"bill_id":"105_hr2406","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Temporary Extension of Public \nHousing Reform Provisions Act of 1997''.\n\n TITLE I--PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE\n\nSEC. 101. PUBLIC HOUSING CEILING RENTS AND INCOME ADJUSTMENTS AND \n PREFERENCES FOR ASSISTED HOUSING.\n\n Section 402(f) of The Balanced Budget Downpayment Act, I (42 U.S.C. \n1437aa note) is amended by inserting before the period at the end the \nfollowing: ``and the portion of fiscal year 1998 that precedes April 1, \n1998''.\n\nSEC. 102. PUBLIC HOUSING DEMOLITION AND DISPOSITION.\n\n Section 1002(d) of the Emergency Supplemental Appropriations for \nAdditional Disaster Assistance, for Anti-terrorism Initiatives, for \nAssistance in the Recovery from the Tragedy that Occurred at Oklahoma \nCity, and Rescissions Act, 1995 (42 U.S.C. 1437c note) is amended by \nstriking ``September 30, 1997'' and inserting ``March 31, 1998''.\n\nSEC. 103. PUBLIC HOUSING FUNDING FLEXIBILITY AND MIXED-FINANCE \n DEVELOPMENTS.\n\n Section 201(a)(2) of the Departments of Veterans Affairs and \nHousing and Urban Development, and Independent Agencies Appropriations \nAct, 1996 (as contained in section 101(e) of the Omnibus Consolidated \nRescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 \nU.S.C. 1437l note) is amended by striking ``fiscal year 1997'' and \ninserting ``the portion of fiscal year 1998 that precedes April 1, \n1998''.\n\nSEC. 104. MINIMUM RENTS.\n\n Section 402(a) of The Balanced Budget Downpayment Act, I (Public Law \n104-99; 110 Stat. 40) is amended in the matter preceding paragraph (1) \nby inserting after ``fiscal year 1997'' the following: ``and for the \nportion of fiscal year 1998 that precedes April 1, 1998''.\n\nSEC. 105. PROVISIONS RELATING TO SECTION 8 RENTAL ASSISTANCE PROGRAM.\n\n (a) Take-One-Take-All, Notice Requirements, and Endless Lease \nProvisions.--Section 203(d) of the Departments of Veterans Affairs and \nHousing and Urban Development, and Independent Agencies Appropriations \nAct, 1996 (as contained in section 101(e) of the Omnibus Consolidated \nRescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 \nU.S.C. 1437f note) is amended by striking ``for fiscal years 1996 and \n1997 only'' and inserting ``only for fiscal year 1996, fiscal year \n1997, and the portion of fiscal year 1998 that precedes April 1, \n1998''.\n (b) Fair Market Rentals.--The first sentence of section 403(a) of \nThe Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat. \n43) is amended by inserting after ``fiscal year 1997'' the following: \n``and the portion of fiscal year 1998 that precedes April 1, 1998,''.\n\n TITLE II--FEDERALLY ASSISTED MULTIFAMILY RENTAL HOUSING\n\nSEC. 201. SECTION 8 PROJECT-BASED ASSISTANCE CONTRACT RENEWAL \n AUTHORITY.\n\n Section 211 of the Departments of Veterans Affairs and Housing and \nUrban Development, and Independent Agencies Appropriations Act, 1997 \n(42 U.S.C. 1437f note) is amended--\n (1) in subsection (a)(1), by inserting ``or 1998'' before \n the semicolon at the end; and\n (2) in subsection (b)(4)(A), by inserting after ``fiscal \n year 1997'' each place it appears the following: ``or 1998''.\n\nSEC. 202. MORTGAGE RESTRUCTURING DEMONSTRATION FOR FHA-INSURED \n MULTIFAMILY HOUSING.\n\n Section 212 of the Departments of Veterans Affairs and Housing and \nUrban Development, and Independent Agencies Appropriations Act, 1997 \n(42 U.S.C. 1437f note) is amended--\n (1) in subsection (a)(1)(B), by striking ``fiscal year \n 1997'' and inserting ``fiscal year 1998'';\n (2) in subsection (a)(3)(B), by inserting ``or 1998'' \n before the semicolon at the end;\n (3) in subsection (h)(1)(B), by striking ``fiscal year \n 1997'' and inserting ``fiscal years 1997 and 1998''; and\n (4) in subsection (h)(1)(F)(ii), by striking ``fiscal year \n 1997'' and inserting: ``fiscal years 1997 and 1998''.\n\nSEC. 203. MULTIFAMILY HOUSING FINANCE PILOT PROGRAMS.\n\n Section 542 of the Housing and Community Development Act of 1992 \n(12 U.S.C. 1707 note) is amended--\n (1) in subsection (b)(5), by inserting before the period at \n the end of the first sentence the following: ``, and not more \n than an additional 15,000 units during fiscal year 1998''; and\n (2) in the first sentence of subsection (c)(4)--\n (A) by striking ``and'' and inserting a comma; and\n (B) by inserting before the period at the end the \n following: ``, and not more than an additional 15,000 \n units during fiscal year 1998''.\n\nSEC. 204. PROPERTY DISPOSITION.\n\n (a) Enhanced Authority for HUD Disposition of Multifamily \nHousing.--Section 204 of the Departments of Veterans Affairs and \nHousing and Urban Development, and Independent Agencies Appropriations \nAct, 1997 (12 U.S.C. 1715z-11a) is amended by inserting after ``owned \nby the Secretary'' the following: ``, including the provision of grants \nand loans from the General Insurance Fund for the necessary costs of \nrehabilitation or demolition,''.\n (b) Disposition for Affordable Housing Purposes.--The provisions of \nsection 714 of the bill, H.R. 2 (105th Congress), as passed by the \nHouse of Representatives on May 14, 1997, are hereby enacted into law.\n\nSEC. 205. MULTIFAMILY MORTGAGE AUCTIONS.\n\n Section 221(g)(4)(C) of the National Housing Act (12 U.S.C. \n1715l(g)(4)(C)) is amended--\n (1) in the first sentence of clause (viii), by striking \n ``September 30, 1996'' and inserting ``December 31, 2005''; and\n (2) by adding at the end the following new clauses:\n ``(ix) Subject to the limitation in clause (x), the costs \n of any multifamily auctions under this subparagraph occurring \n during any fiscal year shall be paid from amounts in the \n General Insurance Fund established under section 519.\n ``(x) This authority of the Secretary to conduct \n multifamily auctions under this subparagraph shall be effective \n for any fiscal year only to the extent or in such amounts that \n amounts in the General Insurance Fund are or have been approved \n in appropriation Acts for costs of such auctions occurring \n during such fiscal year.''.\n\nSEC. 206. INTEREST REDUCTION PAYMENTS IN CONNECTION WITH SALES OF \n SECTION 236 MORTGAGES HELD BY HUD.\n\n Section 236 of the National Housing Act (12 U.S.C. 1715z-1) is \namended--\n (1) in the first sentence of subsection (b), by inserting \n before the colon at the end of the first proviso the following: \n ``and when the mortgage is assigned or otherwise transferred to \n a subsequent holder or purchaser (including any successors and \n assignees)'';\n (2) in subsection (c)--\n (A) by inserting ``(1)'' after the subsection \n designation; and\n (B) by adding at the end the following new \n paragraphs:\n ``(2) The Secretary may continue to make interest reduction \npayments to the holder or purchaser (including any successors and \nassignees) of a mortgage formerly held by the Secretary upon such terms \nand conditions as the Secretary may determine. In exercising the \nauthority under the preceding sentence, upon cancellation of any \ncontract for such interest reduction payments as a result of \nforeclosure or transfer of a deed in lieu of foreclosure, any amounts \nof budget authority which would have been available for such contract, \nabsent cancellation, shall remain available for the project for the \nbalance of the term of the original mortgage upon such terms and \nconditions as the Secretary may determine.\n ``(3) Notwithstanding subsection (i)(2) or any other provision of \nlaw, in connection with the sale of mortgages held by the Secretary, \nthe Secretary may establish appropriate terms and conditions, based on \nsection 42 of the Internal Revenue Code of 1986 or another appropriate \nstandard, for determining eligibility for occupancy in the project and \nrental charges.''.\n\nSEC. 207. ASSIGNMENT OF REGULATORY AGREEMENTS IN CONNECTION WITH SALES \n OF MORTGAGES HELD BY HUD.\n\n Section 203(k) of the Housing and Community Development Amendments \nof 1978 (12 U.S.C. 1701z-11(k)) is amended by adding at the end the \nfollowing new paragraph:\n ``(7) Assignment of regulatory agreement in connection with \n sale of mortgages.--Notwithstanding any other provision of law, \n and upon such terms and conditions as the Secretary may \n prescribe, the Secretary may, in connection with the sale of \n mortgages held by the Secretary, provide for the assumption of \n all rights and responsibilities under the regulatory agreement \n executed by or for the benefit of the Secretary. Such \n assumption shall further provide for the regulatory agreement \n to be so assumed by any successor or assignee of the initial \n assuming entity. Such regulatory agreement shall continue to be \n binding upon the mortgagor and its successors and assignees.''.","summary":"TABLE OF CONTENTS: Title I: Public Housing and Section 8 Rental Assistance Title II: Federally Assisted Multifamily Rental Housing Temporary Extension of Public Housing Reform Provisions Act of 1997 - Title I: Public Housing and Section 8 Rental Assistance - Amends the Balanced Budget Downpayment Act, I to extend provisions regarding public housing ceiling rents, income adjustments, and Federal preferences for assisted housing. Amends the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Antiterrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 to extend the public housing demolition and disposition one-for-one replacement requirement. Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend provisions regarding use of public housing modernization funding for mixed income developments. Amends the Balanced Budget Downpayment Act, I to extend minimum rent provisions. Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend certain provisions regarding the section 8 rental assistance program. Amends the Balanced Budget Downpayment Act, I to extend fair market rental provisions. Title II: Federally Assisted Multifamily Rental Housing - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to extend authority for: (1) section 8 contract renewals. And (2) the multifamily housing mortgage restructuring demonstration. Amends the Housing and Community Development Act of 1992 to increase the number of units and extend the risk-sharing and housing finance agency multifamily housing finance pilot programs. Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to state that the Secretary of Housing and Urban Development's (HUD) authority to manage and dispose of multifamily housing includes the provision of grants and loans from the General Insurance Fund. Amends the National Housing Act to: (1) extend multifamily mortgage auction authority. And (2) authorize the Secretary to continue to make interest reduction payments on transferred mortgage loans under the rental or cooperative housing for lower income families program. Amends the Housing and Community Development Amendments of 1978 to authorize the Secretary to provide for the assumption of all regulatory rights and responsibilities in connection with the sale of a HUD-held mortgage.","title":"Temporary Extension of Public Housing Reform Provisions Act of 1997","text_len":9304,"sum_len":2677} {"bill_id":"112_hr4247","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cell Phone Theft Prevention Act of \n2012''.\n\nSEC. 2. STOLEN MOBILE ELECTRONIC DEVICES.\n\n (a) In General.--Part I of title III of the Communications Act of \n1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 343. STOLEN MOBILE ELECTRONIC DEVICES.\n\n ``(a) Prohibition on Provision of Service.--\n ``(1) In general.--A provider of commercial mobile service \n or commercial mobile data service may not provide service on a \n mobile electronic device that has been reported to such \n provider as stolen--\n ``(A) by the person who holds the account with \n respect to such service, if such person submits to such \n provider a copy of a report made to a law enforcement \n agency regarding the theft; or\n ``(B) by another provider of commercial mobile \n service or commercial mobile data service, in \n accordance with paragraph (2).\n ``(2) Reporting by service providers.--A provider of \n commercial mobile service or commercial mobile data service to \n which a mobile electronic device is reported stolen as \n described in paragraph (1)(A) shall inform all other providers \n of such service--\n ``(A) that such device has been reported stolen; \n and\n ``(B) of any information necessary for the \n identification of such device.\n ``(b) Remote Deletion of Data.--A provider of commercial mobile \nservice or commercial mobile data service on a mobile electronic device \nshall make available to the person who holds the account with respect \nto such service the capability of deleting from such device, from a \nremote location, all information that was placed on such device after \nits manufacture.\n ``(c) Device Standards.--A person may not manufacture in the United \nStates or import into the United States for sale or resale to the \npublic a mobile electronic device unless such device is--\n ``(1) equipped with a unique identifier (such as a Mobile \n Equipment Identifier) that allows a provider of commercial \n mobile service or commercial mobile data service to identify \n such device for purposes of complying with subsections (a) and \n (b); and\n ``(2) configured in such a manner that the provider of \n commercial mobile service or commercial mobile data service on \n the device is able to make available the remote deletion \n capability required by subsection (b).\n ``(d) Definitions.--In this section:\n ``(1) Commercial mobile data service.--The term `commercial \n mobile data service' has the meaning given such term in section \n 6001 of the Middle Class Tax Relief and Job Creation Act of \n 2012 (Public Law 112-96).\n ``(2) Commercial mobile service.--The term `commercial \n mobile service' has the meaning given such term in section 332.\n ``(3) Mobile electronic device.--The term `mobile \n electronic device' means a personal electronic device on which \n commercial mobile service or commercial mobile data service is \n provided, except that such term does not include a device--\n ``(A) for which the consumer purchases service by \n paying in advance for a specified amount of calling or \n data usage; or\n ``(B) with respect to which the consumer does not \n have a direct relationship with the provider of \n commercial mobile service or commercial mobile data \n service.''.\n (b) Report to FCC.--Not later than 1 year after the date of the \nenactment of this Act, each provider of commercial mobile service or \ncommercial mobile data service that provides such service on a mobile \nelectronic device shall submit to the Federal Communications Commission \na report on--\n (1) the efforts such provider is making in order to be \n prepared to comply, not later than the effective date described \n in subsection (c)(1), with the requirements of subsections (a) \n and (b) of section 343 of the Communications Act of 1934, as \n added by subsection (a) of this section; and\n (2) the progress of such provider toward being prepared to \n comply with such requirements by such date.\n (c) Effective Date.--\n (1) In general.--Such section 343 shall take effect on the \n date that is 2 years after the date of the enactment of this \n Act.\n (2) Devices previously manufactured or imported.--In the \n case of a mobile electronic device that was manufactured in the \n United States (or imported into the United States, if such \n device was manufactured outside the United States) before the \n date that is 2 years after the date of the enactment of this \n Act, a provider of commercial mobile service or commercial \n mobile data service shall only be required to comply with \n subsections (a) and (b) of such section to the extent \n technologically feasible.\n (d) Definitions.--In this section, a term that is defined in such \nsection 343 shall have the meaning given such term in such section.","summary":"Cell Phone Theft Prevention Act of 2012 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile electronic device reported to such provider as stolen by: (1) the person who holds the service account, if such person submits a copy of a report made to a law enforcement agency regarding the theft. Or (2) another provider of commercial mobile or commercial mobile data service required by this Act to inform all other providers of a device reported stolen and of any information necessary for identification of the device. Defines mobile electronic device as a personal electronic device on which commercial mobile or commercial mobile data service is provided, excluding devices: (1) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage, or (2) with respect to which the consumer does not have a direct relationship with the provider. Directs providers to make available to account holders the capability of deleting, from a remote location, all information that was placed on such a device after its manufacture. Prohibits a person from manufacturing in or importing into the United States for sale or resale to the public a mobile electronic device unless it is: (1) equipped with a unique identifier that allows a provider to identify such device, and (2) configured to enable a provider to make available the remote deletion capability required by this Act.","title":"To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile electronic devices that have been reported stolen and to require such providers to give consumers the ability to remotely delete data from mobile electronic devices, and for other purposes.","text_len":5460,"sum_len":1514} {"bill_id":"109_s4102","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Election Jamming Prevention Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The most fundamental right accorded to United States \n citizens by the Constitution is the right to vote, and \n unimpeded exercise of the right to vote is essential to the \n functioning of our democracy.\n (2) Historically, significant efforts have been undertaken \n to prevent qualified individuals from exercising this right.\n (3) Poll taxes, property requirements, and literacy tests \n were once used to restrict voters' access to the polls. Now, \n efforts like deceptive practices, intimidation, and dirty \n tricks are used to impede qualified voters' exercise of their \n right to vote, to prevent voters from making informed decisions \n as to how to cast that vote, and to prevent candidates, \n parties, and organizations from engaging in constitutionally \n protected political speech.\n (4) In recent elections, there have been allegations of \n political campaigns and committees using telephone jamming \n techniques to shut down the communication operations of groups \n supporting their political opponents.\n (5) In November 2002, according to the Department of \n Justice, groups working on behalf of the Republican candidates \n in New Hampshire conspired to shut down Democratic get-out-the-\n vote efforts by placing hang-up calls to the phones of the \n Manchester Democratic Party and the Manchester Professional \n Firefighters Association, which were providing qualified voters \n rides to the election polling places. Several people have pled \n guilty or been convicted in connection with the incident.\n (6) As a result of the hang-up call effort, the phone lines \n of the Manchester Democratic Party and the Manchester \n Professional Firefighters Association were jammed on election \n day 2002 and qualified voters were unable to access information \n that would have facilitated their access to polling places.\n (7) The use of telephones or other communication devices to \n jam election-related communications should be prohibited in \n order to protect qualified voters' right to vote.\n\nSEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR \n EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS \n DEVICES.\n\n (a) Prohibition.--\n (1) In general.--Subparagraph (C) of section 223(a)(1) of \n the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is \n amended by striking ``with the intent to annoy, abuse, \n threaten, or harass any person at the called number or who \n receives the communications;'' and inserting ``with the intent \n to--\n ``(i) annoy, abuse, threaten, or harass any \n person at the called number or who receives the \n communications;\n ``(ii) prevent or obstruct the broadcast or \n exchange of election-related information; or\n ``(iii) impair or obstruct any other \n telecommunications device from being used to \n engage in communications containing election-\n related information;''.\n (2) Election-related information.--Subsection (h) of \n section 223 of the Communications Act of 1934 (47 U.S.C. \n 223(h)) is amended by adding at the end the following new \n paragraph:\n ``(5) The term `election-related information' means \n information related to--\n ``(A) the endorsement, support, promotion of, or \n opposition to any clearly identified candidate or slate \n of candidates for the office of President, Vice \n President, presidential elector, Member of the Senate, \n Member of the House of Representatives, or Delegate or \n Commissioner from a territory or possession;\n ``(B) the time, place, or manner for the election \n of such offices; or\n ``(C) the facilitation of transport to or from \n polling places for any such election.''.\n (b) Private Right of Action.--Section 223 of the Communications Act \nof 1934 (47 U.S.C. 223) is amended by adding at the end the following \nnew subsection:\n ``(i) Private Right of Action for Injunctive or Declarative Relief \nAgainst Certain Actions.--Any person aggrieved by a violation of \nsubsection (a)(1)(C) may bring a civil action or other proper \nproceeding for injunctive or declarative relief in any court of \ncompetent jurisdiction, including an application in a United States \ndistrict court.''.","summary":"Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information. Or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information. Defines election-related information. Provides a private right of action for injunctive or declarative relief against such violations .","title":"A bill to amend the Communications Act of 1934 to prohibit the use of telecommunications devices for the purposes of preventing or obstructing the broadcast or exchange of election-related information.","text_len":5026,"sum_len":499} {"bill_id":"112_hr6475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Digital Coast Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the lack of current, accurate, uniform, and standards-\n based geospatial information to characterize the United States \n coastal region presents a significant liability to adequately \n manage and maintain the Nation's--\n (A) environment;\n (B) infrastructure;\n (C) economy; and\n (D) public safety and homeland security;\n (2) more than half of all people of the United States (153 \n million) currently live on or near a coast and an additional 12 \n million are expected in the next decade;\n (3) coastal counties in the United States average 300 \n persons per square mile, compared with the national average of \n 98;\n (4) on a typical day, more than 1,540 permits for \n construction of single-family homes are issued in coastal \n counties, combined with other commercial, retail, and \n institutional construction to support this population;\n (5) over half of the Nation's economic productivity is \n located within coastal regions;\n (6) highly accurate, high-resolution remote sensing and \n other geospatial data play an important role in management of \n the coastal zone and economy, including for flood and coastal \n storm surge prediction; hazard risk and vulnerability \n assessment; emergency response and recovery planning; community \n resilience to longer range climate change impacts; permitting \n and zoning decisionmaking; habitat and ecosystem health \n assessments; and landscape change detection; and\n (7) the Digital Coast is a model approach in effective \n Federal partnerships with local and State government, \n nongovernmental organizations, and the private sector.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) The term ``Digital Coast'' means a constituent-driven \n effort led by the Secretary to provide an enabling platform \n that integrates geospatial data, decision support tools, \n training, and best practices to address coastal and emergency \n management issues and needs. The Digital Coast strives to \n sustain and enhance coastal economies and ecosystem services by \n helping communities address their issues, needs, and challenges \n through cost-effective and participatory solutions.\n (2) The term ``remote sensing and other geospatial'' means \n collecting, storing, retrieving, or disseminating graphical or \n digital data depicting natural or manmade physical features, \n phenomena, or boundaries of the Earth and any information \n related thereto, including surveys, maps, charts, satellite and \n airborne remote sensing data, images, lidar, and services \n performed by professionals such as surveyors, \n photogrammetrists, hydrographers, geodesists, cartographers, \n and other such services.\n (3) The term ``Secretary'' means the Secretary of Commerce, \n acting through the Administrator of the National Oceanic and \n Atmospheric Administration.\n (4) The term ``State''--\n (A) means a State of the United States in, or \n bordering on, the Atlantic, Pacific, or Arctic Ocean, \n the Chesapeake Bay, the Gulf of Mexico, Long Island \n Sound, or one or more of the Great Lakes; and\n (B) includes Puerto Rico, the United States Virgin \n Islands, Guam, the Commonwealth of the Northern Mariana \n Islands, the Trust Territories of the Pacific Islands, \n American Samoa, and any portion of a State that is \n located within 100 kilometers of the Atlantic or \n Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, \n or the Great Lakes.\n (5) The term ``coastal region'' means the area of United \n States waters extending inland from the shoreline to include \n coastal watersheds and seaward to the territorial sea.\n (6) The term ``Federal Geographic Data Committee'' means \n the interagency committee that promotes the coordinated \n development, use, sharing, and dissemination of geospatial data \n on a national basis.\n\nSEC. 4. BUILDING THE DIGITAL COAST.\n\n (a) Establishment and Implementation.--\n (1) In general.--The Secretary shall establish and \n implement the Digital Coast to collect the following priority \n supporting data and integrate such data with other available \n data for the benefit of the broadest measure of coastal \n resource management constituents and applications:\n (A) Coastal elevation data.\n (B) Land use and land cover data.\n (C) Benthic habitat and submerged aquatic \n vegetation data.\n (D) Parcels data.\n (E) Planimetric data.\n (F) Socioeconomic and human use data.\n (2) Focus on filling needs and gaps.--In implementing this \n section, the Secretary shall--\n (A) recognize that remote sensing and other \n geospatial data acquisition for navigational and \n positioning purposes is carried out through other \n authorities and programs; and\n (B) focus on filling data needs and gaps for \n critical coastal management issues.\n (b) Data Integration, Tool Development, Training, Documentation, \nDissemination, and Archive.--The Secretary shall--\n (1) make data and resulting integrated products developed \n under this section readily accessible via the Digital Coast and \n other related Internet technologies;\n (2) develop decision support tools that use and display \n resulting integrated data and provide training on use of such \n tools;\n (3) document such data to Federal Geographic Data Committee \n standards; and\n (4) archive all raw data acquired under this Act at the \n appropriate National Oceanic and Atmospheric Administration \n data center or other appropriate Federal data center.\n (c) Coordination.--The Secretary shall coordinate the activities \ncarried out pursuant to this Act to maximize data sharing and \nintegration and minimize duplication by--\n (1) coordinating activities, when appropriate, with--\n (A) other Federal efforts, including efforts under \n the Ocean and Coastal Mapping Integration Act (33 \n U.S.C. 3501 et seq.), the Coastal Zone Management Act \n of 1972 (16 U.S.C. 1451 et seq.), and the Integrated \n Coastal and Ocean Observation System Act of 2009 (33 \n U.S.C. 3601 et seq.);\n (B) coastal States and United States territories;\n (C) local governments; and\n (D) representatives of nongovernmental entities;\n (2) participating, pursuant to section 216 of Public Law \n 107-347 (44 U.S.C. 3501 note), in the establishment of such \n standards and common protocols as are necessary to assure the \n interoperability of remote sensing and other geospatial data \n with all users of such information within--\n (A) the National Oceanic and Atmospheric \n Administration;\n (B) other Federal agencies;\n (C) State and local government; and\n (D) the private sector;\n (3) coordinating with, seeking assistance and cooperation \n of, and providing liaison to the Federal Geographic Data \n Committee pursuant to Office of Management and Budget Circular \n A-16 and Executive Order No. 12906; and\n (4) providing for the utilization of contracts with the \n private sector, to the maximum extent practicable, to provide \n such products and services as are necessary to collect remote \n sensing and other geospatial data; which contracts shall be \n considered ``surveying and mapping'' services as such term is \n used and as such contracts are awarded at the discretion of the \n Secretary in accordance with the selection procedures in \n chapter 11 of title 40, United States Code.\n\nSEC. 5. COASTAL SERVICES CENTERS.\n\n (a) Establishment.--The Secretary shall establish, within the \nNational Oceanic and Atmospheric Administration, the Coastal Services \nCenters to facilitate the development of products and services that \naddress the needs of local, State, and regional entities involved with \ncoastal and ocean decisionmaking including those State coastal \nmanagement and research reserves benefitting from this Act, and to lead \ndevelopment and maintenance of the Digital Coast.\n (b) Purpose.--The purpose of the Coastal Services Centers shall be \nto--\n (1) support the environmental, social, and economic well-\n being of the coast by linking people, information, and \n technology;\n (2) identify and assess coastal and ocean management needs \n and increase the capabilities and capacities of managers to \n address them at the local, State, and regional levels;\n (3) manage the Digital Coast program to carry out the \n intent of this Act;\n (4) convene and engage coastal managers and decisionmakers \n in dialog concerning coastal issues and share information and \n best practices across this audience; and\n (5) collaborate with various programs of the National \n Oceanic and Atmospheric Administration, other Federal agencies, \n and nongovernmental entities to bring data, information, \n services, and tools to the Nation's coastal and ocean \n decisionmakers.\n (c) Financial Agreements.--To carry out this Act, including to \nprovide program support to non-Federal entities that participate in \nimplementing this Act, the Secretary--\n (1) may enter into financial agreements including grants, \n cooperative agreements, interagency agreements, and contracts \n with other Federal, tribal, State, and local governmental and \n nongovernmental entities; and\n (2) may collect registration fees in support of training, \n workshops, and conferences that advance the purposes of this \n Act.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Secretary $85,000,000 \nfor each of fiscal years 2013 through 2018 to carry out this Act.","summary":"Digital Coast Act of 2012 - Defines Digital Coast as a constituent-driven effort led by the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to provide an enabling platform integrating geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and enhance coastal economies and ecosystem services by helping communities with cost-effective and participatory solutions. Directs NOAA to establish and implement the Digital Coast to: (1) collect data concerning coastal elevations, land use and cover, habitat and submerged aquatic vegetation, parcels, planimetrics, socioeconomics, and human use. And (2) integrate other data sources for the broadest measure of coastal resource management constituents and applications. Directs NOAA to: (1) make such data and resulting products accessible via the Digital Coast and other related Internet technologies, (2) provide training on decision support tools developed under this Act, (3) document data to Federal Geographic Data Committee standards, and (4) archive the raw data at appropriate NOAA or federal data centers. Requires coordination and data sharing with states, US territories, local governments, nongovernmental entities, and other federal efforts. Requires the establishment of NOAA Coastal Services Centers to facilitate the development of products and services addressing the needs of local, state, and regional entities involved with coastal and ocean decisionmaking and to lead development and maintenance of the Digital Coast.","title":"To authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to establish a constituent-driven program that collects priority coastal geospatial data and supports an information platform capable of efficiently integrating coastal data with decision support tools, training, and best practices to inform and improve local, State, regional, and Federal capacities to manage the coastal region.","text_len":11015,"sum_len":1592} {"bill_id":"103_hr1593","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Revolving Door Sunshine Act of \n1993''.\n\nSEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS.\n\n (a) Disclosure Requirement.--Section 552b of title 5, United States \nCode, commonly referred to as the ``Government in the Sunshine Act'', \nis amended by adding at the end the following:\n ``(n)(1) Any person who is a senior member of the Federal \nGovernment shall, after his or her service or employment as a senior \nmember of the Federal Government terminates, file, in accordance with \nparagraph (2), reports containing the following information:\n ``(A)(i) The name of any Member of Congress, and the name \n and title of any congressional staff member or of any officer \n or employee of any agency, to whom he or she makes an oral or \n written communication on behalf of anyone other than himself or \n herself or the United States, during the 5-year period \n beginning on the date on which his or her service or employment \n as a senior member of the Federal Government terminates, \n regarding an official action of the Congress or that agency.\n ``(ii) A person who is a former senior appointee is \n required under this subparagraph to report only a communication \n regarding--\n ``(I) an official action by an agency of which he \n or she, as such senior appointee, was an officer or \n employee;\n ``(II) an official action by the Congress that \n directly affects an agency described in subclause (I); \n or\n ``(III) an official action relating to a matter in \n which he or she participated personally and \n substantially as such senior appointee.\n ``(B) The name, address, and telephone number of any person \n on whose behalf he or she makes a communication described in \n subparagraph (A).\n ``(C) A description of the legislation, regulation, trade \n negotiation, or other matter that a communication described in \n subparagraph (A) concerns.\n ``(D) The name, address, and telephone number of any \n foreign government, foreign political party, or foreign \n business entity whom he or she represents, aids, or advises, \n during the 5-year period beginning on the date on which his or \n her service or employment as a senior member of the Federal \n Government terminates, regarding any official action of the \n Congress or of an agency.\n ``(2)(A) Subject to subparagraph (B), each person who is required \nto file a report under paragraph (1) shall file such report--\n ``(i) by July 30 of each year, containing information \n relating to the period January 1 through June 30 of that year; \n and\n ``(ii) by January 31 of each year, containing information \n relating to the period July 1 through December 31 of the \n preceding year.\n ``(B)(i) A person shall file the first report under paragraph (1) \nfor the first reporting period described in subparagraph (A) of this \nparagraph--\n ``(I) which occurs after the person leaves his or her \n office or position; and\n ``(II) in which he or she made any communication described \n in paragraph (1)(A), or any representation, aid, or advice \n described in paragraph (1)(D).\nFor all subsequent reporting periods, such person shall file a report \nunder paragraph (1) whether or not the person made any communication \ndescribed in paragraph (1)(A), or any representation, aid, or advice \ndescribed in paragraph (1)(D), during the reporting period.\n ``(ii) In the case of a person who makes no communication described \nin paragraph (1)(A), and no representation, aid, or advice described in \nparagraph (1)(D), during the 5-year period beginning on the date on \nwhich his or her service or employment as a senior member of the \nFederal Government terminates, such person shall file under paragraph \n(1) a report covering the first 2 years of such 5-year period, and a \nreport covering the next 3 years of such 5-year period.\n ``(iii) The last report which a person described in clause (i) or \n(ii) is required to file under paragraph (1) is a report filed by the \ndate specified in clause (i) or (ii) of subparagraph (A) that first \noccurs after the end of the 5-year period beginning on the date on \nwhich his or her service or employment as a senior member of the \nFederal Government terminates.\n ``(3)(A) A former President, Vice President, or senior appointee \nshall file the report required by paragraph (1) with the Director of \nthe Office of Management and Budget.\n ``(B) A former Representative in the Congress, Delegate or Resident \nCommissioner to the Congress, or senior congressional staff member \nwhose pay was disbursed by the Director of Nonlegislative and Financial \nServices of the House of Representatives, shall file the report \nrequired by paragraph (1) with the Clerk of the House of \nRepresentatives.\n ``(C) A former Senator, or former senior congressional staff member \nwhose pay was disbursed by the Secretary of the Senate, shall file the \nreport required by paragraph (1) with the Secretary of the Senate.\n ``(4) The Clerk of the House of Representatives, the Secretary of \nthe Senate, and the Director of the Office of Management and Budget \nshall, within 30 days after receiving a report filed under paragraph \n(1), make such report available to the public for inspection and \ncopying during normal business hours.\n ``(5) In any case in which a person--\n ``(A) has failed to file a report required by paragraph (1) \n with the Director of the Office of Management and Budget, the \n Clerk of the House of Representatives, or the Secretary of the \n Senate, as the case may be,\n ``(B) has failed to file information required in such \n report, or\n ``(C) has filed false information in such report,\nthe Director, Clerk, or Secretary, as the case may be, shall, within 60 \ndays after the date on which the report should have been filed or was \nfiled, make public the name of such person and refer the name of such \nperson to the Attorney General.\n ``(6) The Attorney General may bring a civil action in any \nappropriate United States district court against any person who fails \nto file a report required by paragraph (1), fails to file information \nrequired in such report, or has filed false information in any such \nreport. The court in which such action is brought shall, upon proof of \nsuch filing or failure to file by a preponderance of the evidence, \nassess against such person a civil penalty of not more than $10,000.\n ``(7)(A) The Clerk of the House of Representatives shall make \npublic on January 31 of each year the names of each former \nRepresentative in the Congress, each Delegate or Resident Commissioner \nto the Congress, and each senior congressional staff member whose \ncompensation was disbursed by the Director of Nonlegislative and \nFinancial Services of the House of Representatives, who is required to \nfile a report under paragraph (1).\n ``(B) The Secretary of the Senate shall make public on January 31 \nof each year the names of each former Senator, and each senior \ncongressional staff member whose compensation was disbursed by the \nSecretary of the Senate, who is required to file a report under \nparagraph (1).\n ``(C) The Director of the Office of Management and Budget shall \nmake public on January 31 of each year the names of each senior \nappointee who is required to file a report under paragraph (1).\n ``(D) The requirements of this paragraph shall first apply in \nJanuary of 1995.\n ``(8) For purposes of this subsection--\n ``(A) the term `agency' has the meaning given that term in \n section 552(f) of this title;\n ``(B) the term `congressional staff member' means an \n elected officer of either House of Congress, an employee whose \n pay is disbursed by the Director of Nonlegislative and \n Financial Services of the House of Representatives, and an \n employee whose pay is disbursed by the Secretary of the Senate;\n ``(C) the term `foreign business entity' means a \n partnership, association, corporation, organization, or other \n combination of persons either organized under the laws of or \n having its principal place of business in a foreign country;\n ``(D) the term `foreign government' means the `government \n of a foreign country', as defined in section 1(e) of the \n Foreign Agents Registration Act of 1938, as amended;\n ``(E) the term `foreign political party' has the meaning \n given that term in section 1(f) of the Foreign Agents \n Registration Act of 1938, as amended;\n ``(F) the term `Member of Congress' means a Senator or a \n Representative in, or Delegate or Resident Commissioner to, the \n Congress;\n ``(G) the term `official action' does not include the \n routine provision of information and services;\n ``(H) the term `senior appointee' means any individual--\n ``(i) who is appointed by the President, the Vice \n President, or the head of an agency to a full-time \n position in an agency in the civil service or in the \n uniformed services, or is appointed to a position in \n the Foreign Service or the Senior Executive Service; \n and\n ``(ii)(I) whose rate of basic pay, if appointed to \n a position in the civil service, the Foreign Service, \n or the Senior Executive Service, is not less than the \n rate of basic pay in effect for level V of the \n Executive Schedule under section 5316 of this title; or\n ``(II) who, if appointed to a position in the \n uniformed services, is serving in a grade or rank for \n which the pay grade (as specified in section 201 of \n title 37) is pay grade O-7 or above;\n ``(I) the term `senior congressional staff member' means \n any individual who is a congressional staff member and whose \n rate of basic pay is not less than the rate of basic pay in \n effect for level V of the Executive Schedule under section 5316 \n of this title;\n ``(J) the term `senior member of the Federal Government' \n means an individual who--\n ``(i) is President, Vice President, or a senior \n appointee, or\n ``(ii) is a Member of Congress or a senior \n congressional staff member,\n and is serving in such position after January 4, 1995; and\n ``(K) the term `written communication' includes any \n communication, other than an oral communication, that is \n transmitted by any means, including by an electronic device.''.\n (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of \ntitle 5, United States Code, is amended--\n (1) by inserting ``, except as provided in subsection \n (n),'' after `` `agency' ''; and\n (2) by striking ``section 552(e)'' and inserting ``section \n 552(f)''.","summary":"Revolving Door Sunshine Act of 1993 - Amends the Government in the Sunshine Act to require former Presidents, Vice Presidents, and senior Federal appointees, as well as former Members of Congress and senior congressional staff members, to file, for a certain period after leaving Government, periodic reports with the appropriate entity which disclose certain communications made and other actions taken by them during the reporting period. Requires such reports to be made public. Authorizes sanctions in cases of noncompliance.","title":"Revolving Door Sunshine Act of 1993","text_len":11529,"sum_len":529} {"bill_id":"113_s2268","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Health Security Act of \n2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States-Mexico border is an interdependent \n and dynamic region of more than 15,000,000 people with \n significant and unique public health challenges.\n (2) These challenges include low rates of health insurance \n coverage, poor access to health care services, high \n unemployment rates, low educational attainment, and high rates \n of dangerous diseases, such as tuberculosis, diabetes, obesity, \n and other non-communicable diseases.\n (3) As the 2009 novel influenza A (H1N1) pandemic \n illustrated, diseases do not respect international boundaries, \n and a strong public health effort at and along the borders is \n crucial to not only protect and improve the health of Americans \n but also to help secure the country against threats to \n biosecurity and other emerging threats.\n (4) For 11 years, the United States-Mexico Border Health \n Commission has served as a crucial binational institution to \n address these unique and truly cross-border health issues.\n (5) More than 75 percent of Canadians live within 100 miles \n of the United States border. The 2003 epidemic of severe acute \n respiratory syndrome caused more than 250 illnesses in the \n Greater Toronto Area, just 80 miles from New York.\n\nSEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.\n\n The United States-Mexico Border Health Commission Act (22 U.S.C. \n290n et seq.) is amended--\n (1) in section 3--\n (A) in paragraph (1), by striking ``; and'' and \n inserting ``;'';\n (B) in paragraph (2), by striking the period and \n inserting a semicolon; and\n (C) by adding at the end the following:\n ``(3) to cooperate with the Canada-United States Pan Border \n Public Health Preparedness Council (referred to in this Act as \n the `Council'), as appropriate; and\n ``(4) to serve as an independent and objective body to both \n recommend and implement initiatives that solve border health \n issues.'';\n (2) in section 5--\n (A) in subsection (b), by striking ``should be the \n leader'' and inserting ``shall be the Chair''; and\n (B) by adding at the end the following:\n ``(d) Providing Advice and Recommendations.--Members of the \nCommission and the Council may at any time provide advice or \nrecommendations to the Secretary, Congress, or any Member of Congress \nconcerning issues that are considered by the Commission or Council. \nSuch advice or recommendations may be provided regardless of whether a \nrequest for such is made and regardless of whether the member or \nindividual is authorized to provide such advice or recommendations by \nthe Commission or Council or any other Federal official.'';\n (3) by redesignating section 8 as section 12;\n (4) by striking section 7 and inserting the following:\n\n``SEC. 7. BORDER HEALTH GRANTS.\n\n ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, public institution of higher education, local \ngovernment, Indian tribe, tribal organization, urban Indian \norganization, nonprofit health organization, trauma center, critical \naccess hospital or other hospital that serves rural or other vulnerable \ncommunities and populations, faith-based entity, or community health \ncenter receiving assistance under section 330 of the Public Health \nService Act (42 U.S.C. 254b), that is located in the United States-\nMexico border area or the United States-Canada border area.\n ``(b) Authorization.--From amounts appropriated under section 11, \nthe Secretary, in consultation with members of the Commission and \nCouncil and in coordination with the Office of Global Affairs, shall \naward grants to eligible entities to address priorities and \nrecommendations outlined by the strategic plan and operational work \nplan of the Commission and the Council, as authorized under section 9, \nto improve the health of United States-Mexico border area and United \nStates-Canada border area residents.\n ``(c) Application.--An eligible entity that desires a grant under \nsubsection (b) shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n ``(d) Use of Funds.--An eligible entity that receives a grant under \nsubsection (b) shall use the grant funds for any of the following:\n ``(1) Programs relating to any one or more of the \n following:\n ``(A) Maternal and child health.\n ``(B) Primary care and preventative health.\n ``(C) Infectious disease testing, monitoring, and \n surveillance.\n ``(D) Public health and public health \n infrastructure.\n ``(E) Health promotion.\n ``(F) Oral health.\n ``(G) Behavioral and mental health.\n ``(H) Substance abuse prevention and harm \n reduction.\n ``(I) Health conditions that have a high prevalence \n in the United States-Mexico border area or United \n States-Canada border area.\n ``(J) Medical and health services research.\n ``(K) Workforce training and development.\n ``(L) Community health workers and promotoras.\n ``(M) Health care infrastructure problems in the \n United States-Mexico border area or United States-\n Canada border area (including planning and construction \n grants).\n ``(N) Health disparities in the United States-\n Mexico border area or United States-Canada border area.\n ``(O) Environmental health.\n ``(P) Health education.\n ``(Q) Outreach and enrollment services with respect \n to Federal programs (including programs authorized \n under titles XIX and XXI of the Social Security Act (42 \n U.S.C. 1396 et seq. and 1397aa et seq.)).\n ``(R) Trauma care.\n ``(S) Health research with an emphasis on \n infectious disease and pressing issues related to \n noncommunicable diseases.\n ``(T) Epidemiology and health research.\n ``(U) Cross-border health surveillance coordinated \n with Mexican Health Authorities or Canadian Health \n Authorities.\n ``(V) Obesity, particularly childhood obesity.\n ``(W) Crisis communication, domestic violence, \n health literacy, or cancer.\n ``(X) Community-based participatory research on \n border health issues.\n ``(Y) Violence prevention.\n ``(Z) Cross-border public health preparedness.\n ``(2) Other programs determined appropriate by the \n Secretary.\n ``(e) Supplement, Not Supplant.--Amounts provided to an eligible \nentity awarded a grant under subsection (b) shall be used to supplement \nand not supplant other funds available to the eligible entity to carry \nout the activities described in subsection (d).\n\n``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE \n (EWIDS) IN THE BORDER AREA.\n\n ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, local government, Indian tribe, tribal \norganization, urban Indian organization, trauma center, regional trauma \ncenter coordinating entity, or public health entity.\n ``(b) Authorization.--From funds appropriated under section 11, the \nSecretary shall award grants for Early Warning Infectious Disease \nSurveillance (EWIDS) to eligible entities for infectious disease \nsurveillance activities in the United States-Mexico border area or \nUnited States-Canada border area.\n ``(c) Application.--An eligible entity that desires a grant under \nthis section shall submit an application to the Secretary at such time, \nin such manner, and containing such information as the Secretary may \nrequire.\n ``(d) Uses of Funds.--An eligible entity that receives a grant \nunder subsection (b) shall use the grant funds, in coordination with \nState and all local hazards programs, to--\n ``(1) develop and implement infectious disease surveillance \n plans and networks and public health emergency and readiness \n assessments and preparedness plans, and purchase items \n necessary for such plans;\n ``(2) coordinate infectious disease surveillance planning \n and interjurisdictional risk assessments in the region with \n appropriate United States-based agencies and organizations and \n appropriate authorities in Mexico or Canada;\n ``(3) improve infrastructure, including surge capacity, \n syndromic surveillance, and isolation\/decontamination capacity, \n and policy preparedness, including for mutual assistance and \n for the sharing of information and resources;\n ``(4) improve laboratory capacity, in order to maintain and \n enhance capability and capacity to detect potential infectious \n disease, whether naturally occurring or the result of \n terrorism;\n ``(5) create and maintain a health alert network, including \n risk communication and information dissemination that is \n culturally competent and takes into account the needs of at-\n risk populations, including individuals with disabilities;\n ``(6) educate and train clinicians, epidemiologists, \n laboratories, and emergency management personnel;\n ``(7) implement electronic data and infrastructure \n inventory systems to coordinate the triage, transportation, and \n treatment of multicasualty incident victims;\n ``(8) provide infectious disease testing in the United \n States-Mexico border area or United States-Canada border area; \n and\n ``(9) carry out such other activities identified by the \n Secretary, members of the Commission, members of the Council, \n State or local public health authorities, representatives of \n border health offices, or authorities at the United States-\n Mexico or United States-Canada borders.\n\n``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.\n\n ``(a) Strategic Plan.--\n ``(1) In general.--Not later than 2 years after the date of \n enactment of this section, and every 5 years thereafter, the \n Commission (including the participation of members representing \n both the United States and Mexican sections) and the Council \n (including the participation of members representing both the \n United States and Canada) shall each prepare a binational \n strategic plan to guide the operations of the Commission and \n the Council and submit such plan to the Secretary and Congress.\n ``(2) Requirements.--The binational strategic plan under \n paragraph (1) shall include--\n ``(A) health-related priority areas determined most \n important by the full membership of the Commission or \n Council, as applicable;\n ``(B) recommendations for goals, objectives, \n strategies, and actions designed to address such \n priority areas; and\n ``(C) a proposed evaluation framework with output \n and outcome indicators appropriate to gauge progress \n toward meeting the objectives and priorities of the \n Commission or Council, as applicable.\n ``(b) Work Plan.--Not later than January 1, 2015, and every 2 years \nthereafter, the Commission and the Council shall develop and approve an \noperational work plan and budget based on the strategic plan under \nsubsection (a).\n ``(c) GAO Review.--Not later than January 1, 2016, and every 2 \nyears thereafter, the Comptroller General of the United States shall \nconduct an evaluation of the activities conducted by the Commission and \nthe Council based on the operational work plans described in subsection \n(b) for the previous year and the output and outcome indicators \nincluded in the strategic plan described in subsection (a). The \nevaluation shall include a request for written evaluations from members \nof the Commission and the Council about barriers and facilitators to \nexecuting successfully the work plans of the Commission and the \nCouncil.\n ``(d) Biannual Reporting.--The Commission and Council shall each \nissue a biannual report to the Secretary that provides independent \npolicy recommendations related to border health issues. Not later than \n3 months following receipt of each such biannual report, the Secretary \nshall provide to Congress the report and any studies or other materials \nproduced independently by the Commission and Council.\n ``(e) Audits.--The Secretary shall annually prepare an audited \nfinancial report to account for all appropriated assets expended by the \nCommission and Council to address both the strategic and operational \nwork plans for the year involved.\n ``(f) By-Laws.--Not later than 6 months after the date of enactment \nof this section, the Commission and Council shall develop and approve \nbylaws to provide fully for compliance with the requirements of this \nsection.\n ``(g) Transmittal to Congress.--The Commission and Council shall \nsubmit copies of the operational work plan and by-laws to Congress. The \nComptroller General of the United States shall submit a copy of each \nevaluation completed under subsection (c) to Congress.\n\n``SEC. 10. COORDINATION.\n\n ``(a) In General.--To the extent practicable and appropriate, \nplans, systems, and activities to be funded (or supported) under this \nAct for all hazard preparedness, and general border health, shall be \ncoordinated with Federal, State, and local authorities in Mexico, \nCanada, and the United States.\n ``(b) Coordination of Health Services and Surveillance.--The \nSecretary, acting through the Assistant Secretary for Preparedness and \nResponse, when appropriate, may coordinate with the Secretary of \nHomeland Security in establishing a health alert system that--\n ``(1) alerts clinicians and public health officials of \n emerging disease clusters and syndromes along the United \n States-Mexico border area and United States-Canada border area; \n and\n ``(2) warns of health threats, extreme weather conditions, \n disasters of mass scale, bioterrorism, and other emerging \n threats along the United States-Mexico border area and United \n States-Canada border area.\n\n``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this Act \n$7,000,000 for fiscal year 2014 and each succeeding year, subject to \nthe availability of appropriations for such purpose, of which \n$4,650,000 shall be made available to fund operationally feasible \nfunctions, activities, and grants with respect to the United States-\nMexico border and the border health activities under cooperative \nagreements with the border health offices of the States of California, \nArizona, New Mexico, and Texas, and $2,350,000 shall be allocated for \nthe administration of United States activities under this Act on the \nUnited States-Canada border and the border health authorities, acting \nthrough the Canada-United States Pan-Border Public Health Preparedness \nCouncil.''; and\n (5) in section 12 (as so redesignated)--\n (A) by redesignating paragraphs (3) and (4) as \n paragraphs (4) and (6), respectively;\n (B) by inserting after paragraph (2), the \n following:\n ``(3) Indians; indian tribe; tribal organization; urban \n indian organization.--The terms `Indian', `Indian tribe', \n `tribal organization', and `urban Indian organization' have the \n meanings given such terms in section 4 of the Indian Health \n Care Improvement Act (25 U.S.C. 1603).''; and\n (C) by inserting after paragraph (4), as so \n redesignated, the following:\n ``(5) United states-canada border area.--The term `United \n States-Canada border area' means the area located in the United \n States and Canada within 100 kilometers of the border between \n the United States and Canada.''.","summary":"Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the US section of the Commission as the Chair of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the US-Mexico and US-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare a binational strategic plan to guide its operation, (2) develop and approve an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the US-Mexico and US-Canada border areas. And (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas.","title":"Border Health Security Act of 2013","text_len":17084,"sum_len":2180} {"bill_id":"110_hr1474","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair and Speedy Treatment (FAST) of \nMedicare Prescription Drug Claims Act of 2007''.\n\nSEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD \n PLANS UNDER PART D.\n\n (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of \nthe Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding \nat the end the following new paragraph:\n ``(4) Prompt payment of clean claims.--\n ``(A) Prompt payment.--Each contract entered into \n with a PDP sponsor under this subsection with respect \n to a prescription drug plan offered by such sponsor \n shall provide that payment shall be issued, mailed, or \n otherwise transmitted with respect to all clean claims \n submitted under this part within the applicable number \n of calendar days after the date on which the claim is \n received.\n ``(B) Definitions.--In this paragraph:\n ``(I) Clean claim.--The term `clean claim' \n means a claim, with respect to a covered part D \n drug, that has no apparent defect or \n impropriety (including any lack of any required \n substantiating documentation) or particular \n circumstance requiring special treatment that \n prevents timely payment from being made on the \n claim under this part.\n ``(ii) Applicable number of calendar \n days.--The term `applicable number of calendar \n days' means--\n ``(I) with respect to claims \n submitted electronically, 14 calendar \n days; and\n ``(II) with respect to claims \n submitted otherwise, 30 calendar days.\n ``(c) Interest payment.--If payment is not issued, \n mailed, or otherwise transmitted within the applicable \n number of calendar days (as defined in subparagraph \n (B)) after a clean claim is received, interest shall be \n paid at a rate used for purposes of section 3902(a) of \n title 31, United States Code (relating to interest \n penalties for failure to make prompt payments), for the \n period beginning on the day after the required payment \n date and ending on the date on which payment is made.\n ``(D) Procedures involving claims.--\n ``(I) Claims deemed to be clean claims.--\n ``(I) In general.--A claim for a \n covered part D drug shall be deemed to \n be a clean claim for purposes of this \n paragraph if the PDP sponsor involved \n does not provide a notification of \n deficiency to the claimant by the 10th \n day that begins after the date on which \n the claim is submitted.\n ``(II) Notification of \n deficiency.--For purposes of subclause \n (II), the term `notification of \n deficiency' means a notification that \n specifies all defects or improprieties \n in the claim involved and that lists \n all additional information or documents \n necessary for the proper processing and \n payment of the claim.\n ``(ii) Payment of clean portions of \n claims.--A PDP sponsor shall, as appropriate, \n pay any portion of a claim for a covered part D \n drug that would be a clean claim but for a \n defect or impropriety in a separate portion of \n the claim in accordance with subparagraph (A).\n ``(iii) Obligation to pay.--A claim for a \n covered part D drug submitted to a PDP sponsor \n that is not paid or contested by the provider \n within the applicable number of calendar days \n (as defined in subparagraph (B)) shall be \n deemed to be a clean claim and shall be paid by \n the PDP sponsor in accordance with subparagraph \n (A).\n ``(iv) Date of payment of claim.--Payment \n of a clean claim under subparagraph (A) is \n considered to have been made on the date on \n which full payment is received by the provider.\n ``(E) Electronic transfer of funds.--A PDP sponsor \n shall pay all clean claims submitted electronically by \n an electronic funds transfer mechanism.''.\n (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 \nU.S.C. 1395w-27) is amended by adding at the end the following new \nparagraph:\n ``(3) Incorporation of certain prescription drug plan \n contract requirements.--The provisions of section 1860D-\n 12(b)(4) shall apply to contracts with a Medicare Advantage \n organization in the same manner as they apply to contracts with \n a PDP sponsor offering a prescription drug plan under part \n D.''.\n (c) Effective Date.--The amendments made by this section shall \napply to contracts entered into or renewed on or after the date of the \nenactment of this Act.\n\nSEC. 3. RESTRICTION ON CO-BRANDING.\n\n (a) Application to Prescription Drug Information Disseminated.--\nSubsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. \n1395w-104) is amended by adding at the end the following new paragraph:\n ``(5) Restriction on displaying pharmacy brand or trademark \n information.--\n ``(A) In general.--It is unlawful for a PDP sponsor \n of a prescription drug plan to display on any \n explanatory information described in subparagraph (B), \n with respect to benefits provided under this part, the \n brand or trademark of any pharmacy.\n ``(B) Explanatory information described.--For \n purposes of subparagraph (A), explanatory information \n is each of the following:\n ``(i) Information on evidence of coverage \n under this part.\n ``(ii) Information that summarizes benefits \n provided under this part.\n ``(iii) Enrollment and disenrollment forms.\n ``(iv) Enrollment and disenrollment \n letters.\n ``(v) Pharmacy directories.\n ``(vi) Formulary information.\n ``(vii) Grievance letters provided pursuant \n to subsection (f), coverage determination \n letters provided pursuant to subsection (g), \n and appeals letters provided pursuant to \n subsection (h).\n ``(viii) Exceptions process letters.\n ``(ix) Information contained in sales \n descriptions or sales presentations.''.\n (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such \nsection is amended by adding at the end the following new sentence: \n``It is unlawful for a PDP sponsor of a prescription drug plan to \ndisplay on such a card the name, brand, or trademark of any pharmacy.''\n (c) Effective Date.--\n (1) Explanatory information.--With respect to explanatory \n information dispensed on or after the date of the enactment of \n this Act, the amendment made by subsection (a) shall apply to \n such information on and after the date that is 90 days after \n such date of enactment.\n (2) Enrollee cards.--With respect to cards dispensed \n before, on, or after the date of the enactment of this Act, the \n amendment made by subsection (b) shall apply to such cards on \n and after the date that is 90 days after such date of \n enactment. Any card dispensed before such date that is 90 days \n after the date of enactment that violates the second sentence \n of section 1860D-4(b)(2)(A) of the Social Security Act, as \n added by subsection (b), shall be reissued by such 90-day date.","summary":"Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans . Defines prompt payment as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.","title":"To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D and to prohibit the inclusion of certain identifying information of pharmacies on explanatory prescription drug information and cards distributed by prescription drug plan sponsors.","text_len":9199,"sum_len":751} {"bill_id":"108_hr1382","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``EMTALA Regulatory Improvement Act of \n2003''.\n\nSEC. 2. EMTALA IMPROVEMENTS.\n\n (a) Notification of Providers When EMTALA Investigation Closed.--\nSection 1867(d) of the Social Security Act (42 U.S.C. 42 U.S.C. \n1395dd(d)) is amended by adding at the end the following new paragraph:\n ``(4) Notice upon closing an investigation.--The Secretary \n shall establish a procedure to notify hospitals and physicians \n when an investigation under this section is closed.''.\n (b) Prior Review by Peer Review Organizations in EMTALA Cases \nInvolving Termination of Participation.--\n (1) In general.--Section 1867(d)(3) of such Act (42 U.S.C. \n 1395dd(d)(3)) is amended--\n (A) in the first sentence, by inserting ``or in \n terminating a hospital's participation under this \n title'' after ``in imposing sanctions under paragraph \n (1)''; and\n (B) by adding at the end the following new \n sentences: ``Except in the case in which a delay would \n jeopardize the health or safety of individuals, the \n Secretary shall also request such a review before \n making a compliance determination as part of the \n process of terminating a hospital's participation under \n this title for violations related to the \n appropriateness of a medical screening examination, \n stabilizing treatment, or an appropriate transfer as \n required by this section, and shall provide a period of \n 5 days for such review. The Secretary shall provide a \n copy of the organization's report to the hospital or \n physician consistent with confidentiality requirements \n imposed on the organization under such part B.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to terminations of participation initiated on or \n after the date of the enactment of this Act.\n\nSEC. 3. EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA) \n TECHNICAL ADVISORY GROUP.\n\n (a) Establishment.--The Secretary shall establish a Technical \nAdvisory Group (in this section referred to as the ``Advisory Group'') \nto review issues related to the Emergency Medical Treatment and Labor \nAct (EMTALA) and its implementation. In this section, the term \n``EMTALA'' refers to the provisions of section 1867 of the Social \nSecurity Act (42 U.S.C. 1395dd).\n (b) Membership.--The Advisory Group shall be composed of 19 \nmembers, including the Administrator of the Centers for Medicare & \nMedicaid Services and the Inspector General of the Department of Health \nand Human Services and of which--\n (1) 4 shall be representatives of hospitals, including at \n least one public hospital, that have experience with the \n application of EMTALA and at least 2 of which have not been \n cited for EMTALA violations;\n (2) 7 shall be practicing physicians drawn from the fields \n of emergency medicine, cardiology or cardiothoracic surgery, \n orthopedic surgery, neurosurgery, pediatrics or a pediatric \n subspecialty, obstetrics-gynecology, and psychiatry, with not \n more than one physician from any particular field;\n (3) 2 shall represent patients;\n (4) 2 shall be staff involved in EMTALA investigations from \n different regional offices of the Centers for Medicare & \n Medicaid Services; and\n (5) 1 shall be from a State survey office involved in \n EMTALA investigations and 1 shall be from a peer review \n organization, both of whom shall be from areas other than the \n regions represented under paragraph (4).\nIn selecting members described in paragraphs (1) through (3), the \nSecretary shall consider qualified individuals nominated by \norganizations representing providers and patients.\n (c) General Responsibilities.--The Advisory Group--\n (1) shall review EMTALA regulations;\n (2) may provide advice and recommendations to the Secretary \n with respect to those regulations and their application to \n hospitals and physicians;\n (3) shall solicit comments and recommendations from \n hospitals, physicians, and the public regarding the \n implementation of such regulations; and\n (4) may disseminate information on the application of such \n regulations to hospitals, physicians, and the public.\n (d) Administrative Matters.--\n (1) Chairperson.--The members of the Advisory Group shall \n elect a member to serve as chairperson of the Advisory Group \n for the life of the Advisory Group.\n (2) Meetings.--The Advisory Group shall first meet at the \n direction of the Secretary. The Advisory Group shall then meet \n twice per year and at such other times as the Advisory Group \n may provide.\n (e) Termination.--The Advisory Group shall terminate 30 months \nafter the date of its first meeting.\n (f) Waiver of Administrative Limitation.--The Secretary shall \nestablish the Advisory Group notwithstanding any limitation that may \napply to the number of advisory committees that may be established \n(within the Department of Health and Human Services or otherwise).","summary":"EMTALA Regulatory Improvement Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require the Secretary of Health and Human Services to establish a procedure to notify hospitals and physicians when an investigation under the Emergency Medical Treatment and Labor Act (EMTALA) is closed. Directs the Secretary to establish a Technical Advisory Group to review issues related to EMTALA and its implementation.","title":"To amend title XVIII of the Social Security Act to improve the regulatory operation of the Emergency Medical Treatment and Labor Act (EMTALA).","text_len":5524,"sum_len":435} {"bill_id":"107_s2532","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Meat and Poultry Products Safety \nImprovement Act of 2002''.\n\nSEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS.\n\n (a) Meat.--The Federal Meat Inspection Act is amended by inserting \nafter section 8 (21 U.S.C. 608) the following:\n\n``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS.\n\n ``(a) In General.--In order to protect the public health and \npromote food safety, the Secretary shall by regulation prescribe \nperformance standards for the reduction of microbiological pathogens in \nmeat and meat products processed by each establishment receiving \ninspection services under this Act.\n ``(b) Enforcement.--If the Secretary determines that an \nestablishment fails to meet a standard established under subsection (a) \nand that the establishment fails to take actions necessary to meet the \nstandard, as determined by the Secretary, the Secretary shall refuse to \nallow any meat or meat product subject to the standard and processed by \nthe establishment to be labeled, marked, stamped, or tagged as \n`inspected and passed'.''.\n (b) Poultry.--The Poultry Products Inspection Act is amended by \ninserting after section 7 (21 U.S.C. 456) the following:\n\n``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS.\n\n ``(a) In General.--In order to protect the public health and \npromote food safety, the Secretary shall by regulation prescribe \nperformance standards for the reduction of microbiological pathogens in \npoultry and poultry products processed by each establishment receiving \ninspection services under this Act.\n ``(b) Enforcement.--If the Secretary determines that an \nestablishment fails to meet a standard established under subsection (a) \nand that the establishment fails to take actions necessary to meet the \nstandard, as determined by the Secretary, the Secretary shall refuse to \nallow any poultry or poultry product subject to the standard and \nprocessed by the establishment to be labeled, marked, stamped, or \ntagged as `inspected and passed'.''.\n (c) Effectiveness of Current Regulations.--Consistent with section \n553 of title 5, United States Code, the Secretary of Agriculture shall \nhave the authority to enforce the microbiological performance standards \nof the Secretary in effect on January 1, 2000.\n\nSEC. 3. LIVESTOCK AND POULTRY TRACEBACK.\n\n (a) Livestock.--Title I of the Federal Meat Inspection Act (21 \nU.S.C. 601 et seq.) is amended by adding at the end the following:\n\n``SEC. 25. LIVESTOCK TRACEBACK.\n\n ``(a) In General.--The Secretary shall, as the Secretary determines \nnecessary, prescribe by regulation that cattle, sheep, swine, goats, \nhorses, mules, and other equines presented for slaughter for human food \npurposes be identified in the manner prescribed by the Secretary to \nenable the Secretary to trace each animal to any premises at which the \nanimal has been held for such period prior to slaughter that the \nSecretary determines necessary to carry out this Act.\n ``(b) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any cattle, sheep, swine, goats, horses, \nmules, or other equines not identified as prescribed by the Secretary.\n ``(c) Records.--\n ``(1) In general.--The Secretary may require that each \n person, firm, and corporation required to identify livestock \n pursuant to subsection (a) maintain accurate records, as \n prescribed by the Secretary, regarding the purchase, sale, and \n identification of the livestock.\n ``(2) Access.--Each person, firm, and corporation described \n in paragraph (1) shall, at all reasonable times, on notice by a \n duly authorized representative of the Secretary, allow the \n representative to access to each place of business of the \n person, firm, or corporation to examine and copy the records \n described in paragraph (1).\n ``(3) Duration.--Each person, firm, and corporation \n described in paragraph (1) shall maintain records required to \n be maintained under this subsection for such period of time as \n the Secretary prescribes.\n ``(d) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \ncattle, sheep, swine, goats, horses, mules, or other equines, or \ncarcasses thereof, were held.\n ``(e) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any cattle, sheep, swine, goats, horses, mules, or \nother equines, or the carcasses thereof.\n ``(f) Pathogens.--If the Secretary finds any human pathogen, \ndisease, or any residue in any cattle, sheep, swine, goats, horses, \nmules, or other equines at the time they are presented for slaughter or \nin any carcasses, parts of carcasses, meat, or meat food product \nprepared in an official establishment and the Secretary finds that \nthere is a reasonable probability that human consumption of any meat or \nmeat food product containing the human pathogen, disease, or residue \npresents a threat to public health, the Secretary may prohibit or \nrestrict the movement of any animals, carcasses, parts of carcasses, \nmeat, meat food product, or any other article from any source of the \nhuman pathogen, disease, or residue until the Secretary determines that \nthe human pathogen, disease, or residue at the source no longer \npresents a threat to public health.\n ``(g) Use of Common Methods.--The Secretary shall use any means of \nidentification and recordkeeping methods used by producers or handlers \nof cattle, sheep, swine, goats, horses, mules, or other equines \nwhenever the Secretary determines that such means of identification and \nrecordkeeping methods will enable the Secretary to carry out this \nsection.''.\n (b) Poultry.--The Poultry Products Inspection Act is amended by \ninserting after section 23 (21 U.S.C. 467e) the following:\n\n``SEC. 23A. POULTRY TRACEBACK.\n\n ``(a) In General.--The Secretary shall, as the Secretary determines \nnecessary, prescribe by regulation that poultry presented for slaughter \nfor human food purposes be identified in the manner prescribed by the \nSecretary to enable the Secretary to trace each animal to any premises \nat which the animal has been held for such period prior to slaughter \nthat the Secretary determines necessary to carry out this Act.\n ``(b) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any poultry not identified as prescribed by \nthe Secretary.\n ``(c) Records.--\n ``(1) In general.--The Secretary may require that each \n person, firm, and corporation required to identify poultry \n pursuant to subsection (a) maintain accurate records, as \n prescribed by the Secretary, regarding the purchase, sale, and \n identification of the poultry.\n ``(2) Access.--Each person, firm, and corporation described \n in paragraph (1) shall, at all reasonable times, on notice by a \n duly authorized representative of the Secretary, allow the \n representative to access to each place of business of the \n person, firm, or corporation to examine and copy the records \n described in paragraph (1).\n ``(3) Duration.--Each person, firm, and corporation \n described in paragraph (1) shall maintain records required to \n be maintained under this subsection for such period of time as \n the Secretary prescribes.\n ``(d) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \npoultry, or carcasses thereof, were held.\n ``(e) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any poultry or the carcasses thereof.\n ``(f) Pathogens.--If the Secretary finds any human pathogen, \ndisease, or any residue in any poultry at the time the poultry is \npresented for slaughter or in any carcasses, parts of carcasses, \npoultry, or poultry food product prepared in an official establishment \nand the Secretary finds that there is a reasonable probability that \nhuman consumption of any poultry or poultry food product containing the \nhuman pathogen, disease, or residue presents a threat to public health, \nthe Secretary may prohibit or restrict the movement of any animals, \ncarcasses, parts of carcasses, poultry, poultry food product, or any \nother article from any source of the human pathogen, disease, or \nresidue until the Secretary determines that the human pathogen, \ndisease, or residue at the source no longer presents a threat to public \nhealth.\n ``(g) Use of Common Methods.--The Secretary shall use any means of \nidentification and recordkeeping methods used by producers or handlers \nof poultry whenever the Secretary determines that such means of \nidentification and recordkeeping methods will enable the Secretary to \ncarry out this section.''.\n\nSEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES.\n\n (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 \nU.S.C. 661) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following:\n ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State \nshall report to the Secretary and the Secretary of Health and Human \nServices any outbreak of food borne pathogen illnesses from meat and \nmeat products in the State.''.\n (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 \nU.S.C. 454) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following:\n ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State \nshall report to the Secretary and the Secretary of Health and Human \nServices any outbreak of food borne pathogen illnesses from poultry and \npoultry products in the State.''.\n\nSEC. 5. EMPLOYEE PROTECTION.\n\n (a) Meat.--The Federal Meat Inspection Act is amended by inserting \nafter section 405 (21 U.S.C. 675) the following:\n\n``SEC. 405A. EMPLOYEE PROTECTION.\n\n ``(a) In General.--No establishment at which inspection is \nmaintained under this Act may harass, prosecute, hold liable, or \ndiscriminate against any employee or other person because the employee \nor other person--\n ``(1) is assisting or demonstrating an intent to assist in \n achieving compliance with this Act (including any regulation);\n ``(2) is refusing to violate or assist in the violation of \n this Act (including any regulation); or\n ``(3) has commenced, caused to be commenced, or is about to \n commence a proceeding, has testified or is about to testify at \n a proceeding, or has assisted or participated or is about to \n participate in any manner in such a proceeding or in any other \n action to carry out this Act.\n ``(b) Complaints.--Not later than 1 year after an alleged violation \noccurred, an employee or other person alleging a violation of this \nsection, or another person at the request of the employee, may file a \ncomplaint with the Secretary.\n ``(c) Remedial Action.--If the Secretary determines, on the basis \nof a complaint, that an establishment violated subsection (a), the \nSecretary shall order the establishment to--\n ``(1) take affirmative action to abate the violation; and\n ``(2) pay compensatory damages, including back pay, to the \n aggrieved employee or other person.''.\n (b) Poultry.--The Poultry Products Inspection Act is amended by \ninserting after section 12 (21 U.S.C. 461) the following:\n\n``SEC. 12A. EMPLOYEE PROTECTION.\n\n ``(a) In General.--No establishment at which inspection is \nmaintained under this Act may harass, prosecute, hold liable, or \ndiscriminate against any employee or other person because the employee \nor other person--\n ``(1) is assisting or demonstrating an intent to assist in \n achieving compliance with this Act (including any regulation);\n ``(2) is refusing to violate or assist in the violation of \n this Act (including any regulation); or\n ``(3) has commenced, caused to be commenced, or is about to \n commence a proceeding, has testified or is about to testify at \n a proceeding, or has assisted or participated or is about to \n participate in any manner in such a proceeding or in any other \n action to carry out this Act.\n ``(b) Complaints.--Not later than 1 year after an alleged violation \noccurred, an employee or other person alleging a violation of this \nsection, or another person at the request of the employee, may file a \ncomplaint with the Secretary.\n ``(c) Remedial Action.--If the Secretary determines, on the basis \nof a complaint, that an establishment violated subsection (a), the \nSecretary shall order the establishment to--\n ``(1) take affirmative action to abate the violation; and\n ``(2) pay compensatory damages, including back pay, to the \n aggrieved employee or other person.''.\n\nSEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY.\n\n Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is \namended by adding at the end the following:\n ``(c) Biological Threats to Food Supply.--The Secretary and the \nSecretary of Health and Human Services shall--\n ``(1) identify potential biological threats to the food \n supply of the United States; and\n ``(2) prepare and (as necessary) implement a rapid response \n plan to prevent or respond to the threats.''.\n\nSEC. 7. STUDY OF RECRUITMENT OF INSPECTORS.\n\n (a) In General.--The Secretary of Agriculture shall conduct a study \nof means of improving the recruitment of individuals to serve as \ninspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et \nseq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), \nparticularly in urban areas.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit to the Committee on Agriculture of \nthe House of Representatives and the Committee on Agriculture, \nNutrition, and Forestry of the Senate a report on the results of the \nstudy conducted under subsection (a).\n\nSEC. 8. RAPID DETECTION METHODS.\n\n (a) Study.--\n (1) In general.--The Secretary of Agriculture shall conduct \n a study to determine whether chlorophyll detector technology, \n or other rapid detection technologies, should be required to be \n used by each establishment receiving inspection services under \n the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the \n Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to \n detect the presence of manure carrying E. coli bacteria and \n other human pathogens in meat, meat products, poultry, and \n poultry products.\n (2) Report.--Not later than 180 days after the date of \n enactment of this Act, the Secretary shall submit to the \n Committee on Agriculture of the House of Representatives and \n the Committee on Agriculture, Nutrition, and Forestry of the \n Senate a report on the results of the study conducted under \n paragraph (1).\n (b) Research and Development.--The Secretary may enter into \ncontracts with qualified persons to carry out research on, and \ndevelopment of, technology described in subsection (a)(1).","summary":"Meat and Poultry Products Safety Improvement Act of 2002 - Amends the Federal Meat Inspection Act, and the Poultry Inspection Act, respectively, to: (1) direct the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat and meat products, and poultry and poultry products processed in an establishment inspected under such Acts. (2) direct the Secretary, in the case of an establishment failing to meet such standards, to prohibit such establishment from labeling any meat or poultry product as inspected or passed. (3) direct the Secretary to prescribe by regulation that poultry, cattle, sheep, swine, goats, or equines presented for slaughter for human consumption be identified in a manner permitting traceback of holding premises. (4) authorize the Secretary, in the instance of a finding of human pathogen, disease, or residue at a slaughtering or processing establishment, to prohibit the transfer of meat poultry, or products whose human consumption may pose a risk to public health. (5) provide protections for employees who assist in achieving compliance with the provisions of this Act. And (6) require State reporting of food borne pathogen illnesses. Amends the Federal Meat Inspection Act to direct the Secretary and the Secretary of Health and Human Services to identify biological threats to the US food supply, and prepare a response plan. Directs the Secretary to study whether chlorophyl detector technology or other rapid detection technologies should be used by inspected establishments to detect E. coli bacteria and other human pathogens. Authorizes the Secretary to enter into contracts for related research and technology development.","title":"A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products.","text_len":16210,"sum_len":1702} {"bill_id":"103_s879","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Work Force Enhancement for \nTechnology Transfer Act''.\n\nSEC. 2. FINDING AND PURPOSE.\n\n (a) Findings.--Congress finds and declares the following:\n (1) Skilled American workers are as essential to the \n Nation's productivity and long-term competitiveness as are new \n technologies. As technologies become more sophisticated and \n computer controlled, managers and other workers in \n manufacturing firms who are skilled in the effective \n utilization and operation of those advanced and modern \n technologies will become increasingly important to the Nation's \n international competitiveness, standard of living, and national \n security.\n (2) When United States manufacturing firms invest in \n advanced and modern technologies, they can increase their \n productivity and competitiveness by simultaneously investing in \n targeted worker training for the effective utilization and \n operation of those specific technologies.\n (3) United States manufacturing firms, particularly smaller \n firms, are increasingly turning to the expanding technology \n extension activities of the Department of Commerce's National \n Institute of Standards and Technology for technical and \n managerial assistance in order to identify and install the best \n and most appropriate advanced and modern technologies.\n (4) With its extensive knowledge of the best available \n technologies, the National Institute of Standards and \n Technology, with its associated Regional Centers for the \n Transfer of Manufacturing Technology and, when established, its \n Manufacturing Outreach Centers, can provide training in the \n effective utilization and operation of these technologies, can \n promote the development of effective training materials for \n these technologies, and can serve as a clearinghouse for \n information on the best available training materials.\n (b) Purpose.--It is the purpose of this Act to enhance the \ninternational competitiveness, standard of living, and national \nsecurity of the United States by expanding the current technology \nextension activities of the Department of Commerce's National Institute \nof Standards and Technology (hereafter in this Act referred to as the \n``Institute'') to include worker training in the effective utilization \nand operation of specific advanced and modern technologies.\n\nSEC. 3. WORKER TRAINING ACTIVITIES.\n\n In addition to existing responsibilities and authorities prescribed \nby law, the Secretary of Commerce (hereafter in this Act referred to as \nthe ``Secretary''), through the Director of the Institute (hereafter in \nthis Act referred to as the ``Director''), shall direct Regional \nCenters for the Transfer of Manufacturing Technology and, when \nestablished, Manufacturing Outreach Centers, to utilize, when \nappropriate, their expertise and capability to assist managers and \nother workers in United States manufacturing firms in effectively \nutilizing and operating advanced and modern technologies--\n (1) by making available assessments of the needs of United \n States manufacturing firms for worker training in the effective \n utilization and operation of specific technologies the firms \n have adopted or are planning to adopt;\n (2) by making available to United States manufacturing \n firms information on commercially and publicly provided worker \n training services, including those provided by United States \n sources of technologies, in the effective utilization and \n operation of specific technologies the firms have adopted or \n are planning to adopt; and\n (3) by making available to United States manufacturing \n firms accessible and affordable training services for the \n effective utilization and operation of specific technologies \n the firms have adopted or are planning to adopt when such \n training is not available from commercially or other publicly \n provided training services.\n\nSEC. 4. WORKER TRAINING ANALYSIS AND INFORMATION DISSEMINATION.\n\n In addition to existing responsibilities and authorities prescribed \nby law, the Secretary, through the Director and in consultation with \nappropriate Federal officials and with leaders of industry and labor, \nshall assist managers and other workers in United States manufacturing \nfirms in effectively utilizing and operating advanced and modern \ntechnologies--\n (1) by establishing and managing a clearinghouse for \n information, to be available through the National Technology \n Transfer Center to the Regional Centers for the Transfer of \n Manufacturing Technology, to the Manufacturing Outreach Centers \n when they are established, to other technology training \n entities, or directly to United States manufacturing firms, on \n the best available training material and services for the \n effective utilization and operation of specific advanced and \n modern technologies;\n (2) by encouraging United States providers of advanced and \n modern technologies for manufacturing firms to develop training \n material specifically designed for the managers and other \n workers responsible for utilizing and operating such \n technologies; and\n (3) by establishing as an important criterion in the \n assessment of advanced and modern technologies the availability \n of training material specifically designed for the managers and \n other workers responsible for utilizing and operating such \n technologies.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary for the \nestablishment and management of a technology training clearinghouse \n$2,000,000 for fiscal year 1994 and $3,000,000 for each of fiscal years \n1995 and 1996.","summary":"Work Force Enhancement for Technology Transfer Act - Requires the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to assist managers and other workers in US manufacturing firms in using advanced and modern technologies, through needs assessments, information, and training services. Requires the Secretary, through the Director, to assist such managers and other workers in such use by: (1) establishing an information clearinghouse on the best available training material and services. (2) encouraging US providers of such technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible. And (3) establishing the availability of such specifically designed training material as an important criterion in assessing such technologies. Authorizes appropriations for a technology training clearinghouse.","title":"Work Force Enhancement for Technology Transfer Act","text_len":6135,"sum_len":1048} {"bill_id":"115_hr3815","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Food Sharing Act of 2017''.\n\nSEC. 2. AMENDMENTS.\n\n (a) Assistance for Community Food Projects.--Section 25 of the Food \nand Nutrition Act of 2008 (7 U.S.C. 2034) is amended--\n (1) in subsection (b)(2)--\n (A) in subparagraph (B) by striking ``and'' at the \n end; and\n (B) by striking subparagraph (C) and inserting the \n following:\n ``(C) $9,000,000 for each of the fiscal years 2015 \n through 2017; and\n ``(D) $8,500,000 for fiscal year 2018 and each \n fiscal year thereafter.''.\n (b) Assistance for Gleaning Projects.--The Food and Nutrition Act \nof 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 30. ASSISTANCE FOR GLEANING PROJECTS.\n\n ``(a) Definitions.--In this section:\n ``(1) Gleaning project.--The term `gleaning project' means \n a project in which an entity--\n ``(A) collects edible, surplus food that would be \n thrown away and distributes the food to agencies or \n nonprofit organizations that feed the hungry; or\n ``(B) harvests for free distribution to the needy, \n or for donation to agencies or nonprofit organizations \n for ultimate distribution to the needy, an agricultural \n crop that has been donated by the owner of the crop.\n ``(2) Eligible entity.--The term `eligible entity' means a \n public food program service provider, a tribal organization, or \n a private nonprofit entity that--\n ``(A) has experience in the area of--\n ``(i) providing food to individuals in low-\n income communities; or\n ``(ii) engaging in efforts to reduce food \n insecurity in low-income communities, including \n food distribution, improving access to \n services, or coordinating services and \n programs;\n ``(B) demonstrates competency to implement a \n gleaning project, to provide fiscal accountability, to \n collect data, and to prepare reports and other \n necessary documentation relating to such project;\n ``(C) demonstrates a willingness to share \n information relating to such project with researchers, \n practitioners, and other persons; and\n ``(D) submits to the Secretary an application that \n contains such terms and conditions as the Secretary may \n require by rule, including an agreement to provide the \n non-Federal cost of such project.\n ``(b) Authority To Provide Assistance.--\n ``(1) Funds.--From amounts made available to carry out this \n Act, the Secretary may make grants to assist eligible entities \n to establish and carry out gleaning projects.\n ``(2) Limitation on grants.--The aggregate amount of funds \n provided as grants made under this section may not exceed \n $500,000 for fiscal year 2018 and each fiscal year thereafter.\n ``(c) Preference for Certain Gleaning Projects.--In selecting \ngleaning projects to receive grants under this section, the Secretary \nshall give preference to projects designed to develop new resources and \nstrategies to help reduce food insecurity and prevent food insecurity \nin low-income communities that are the subject of such projects by--\n ``(1) developing creative food resources; or\n ``(2) coordinating food services with park and recreation \n programs, and other community-based activities, to reduce \n barriers to access to food.\n ``(d) Cost-Sharing Requirements.--\n ``(1) Federal share.--The Federal share of the cost of \n carrying out a gleaning project for which a grant is made under \n this section shall be paid with such grant by the Secretary in \n such amount as the Secretary determines but may not exceed 50 \n percent of the cost of such project.\n ``(2) Non-federal share.--The recipient of a grant under \n this section shall provide in cash or in kind, fairly \n evaluated, including facilities, equipment, or services, from \n non-Federal sources for the cost of such project that is not \n paid under paragraph (1).\n ``(e) Term of Grant.--\n ``(1) Single grant.--Only 1 grant may be made under this \n section for a particular gleaning project.\n ``(2) Term.--The period during which the grant made under \n this section may be expended may not exceed 5 years.\n ``(f) Technical Assistance and Related Information.--\n ``(1) Technical assistance.--In carrying out this section, \n the Secretary may provide assistance to an eligible entity \n regarding gleaning projects, processes, and development.\n ``(2) Sharing information.--\n ``(A) In general.--The Secretary may share \n information concerning gleaning projects and issues \n with the public through publications, conferences, and \n other appropriate forums.\n ``(B) Other interested persons.--The Secretary may \n share information concerning gleaning projects with \n researchers, practitioners, and other interested \n persons.\n ``(g) Reports to Congress.--Not later than September 30, 2018, and \nannually thereafter, the Secretary shall submit to the Congress a \nreport that describes with respect to each grant made under this \nsection information that includes--\n ``(1) a description of each activity funded with such \n grant; and\n ``(2) the degree of success in improving the long-term \n capacity of the low-income community served by the gleaning \n project involved to address food and agriculture problems \n related to hunger or access to healthy food in such \n community.''.","summary":"Food Sharing Act of 2017 This bill amends the Food and Nutrition Act of 2008 to: (1) reduce from $9 million to $8.5 million the annual limitation on the total amount of grants that the Department of Agriculture (USDA) may provide under the Community Food Projects Competitive Grants Program, and (2) authorize USDA to establish a separate program to provide up to $500,000 annually for grants to establish and carry out gleaning projects. In a gleaning project, an eligible entity: (1) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry. Or (2) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. The eligible entities include public food program service providers, tribal organizations, and private nonprofit entities that meet certain requirements for experience, demonstrated competency, cost-sharing, and a willingness to share information regarding the project.","title":"Food Sharing Act of 2017","text_len":6313,"sum_len":1113} {"bill_id":"110_hr2911","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Funds Transfer Equal \nConsumer Protection Act''.\n\nSEC. 2. EQUAL CONSUMER PROTECTION.\n\n (a) Definition of Error.--Section 908(f) of the Electronic Fund \nTransfer Act (15 U.S.C. 1693f(f)) is amended--\n (1) by redesignating paragraphs (5) and (6) as paragraphs \n (6) and (7); and\n (2) by inserting after paragraph (4) the following new \n paragraphs:\n ``(5) an electronic fund transfer affecting the customer's \n account in connection with a transaction for goods or services \n not accepted by the customer or a designee of the customer or \n not delivered to the customer or any such designee, or that is \n not in accordance with the agreement made at the time of a \n transaction;''.\n (b) Covered Transactions.--Section 903(6) of the Electronic Fund \nTransfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd \nsentence the following new sentence: ``Such term also includes any \ntransaction initiated through an electronic terminal, telephonic \ninstrument, or computer, including transactions initiated through the \nuse of a check card or a card commonly referred to as a debit card, \nwithout regard to the manner in which the third party conveys the \norder, instruction, or authorization to the financial institution to \ncredit or debit the consumer's account at the financial institution.''.\n (c) Prompt Provisional Recredit Required.--Section 908(c) of the \nElectronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by \nstriking the first sentence and inserting the following new sentence: \n``Prompt Provisional Recredit Required.--If a financial institution \nreceives notice of an error in the manner and within the time period \nspecified in subsection (a), the financial institution shall, within 1 \nbusiness day after receiving such notice, provisionally recredit the \nconsumer's account for the amount alleged to be in error, subject to \nsection 909, including interest where applicable, pending the \nconclusion of the investigation by the financial institution under \nsubsection (a) and the determination of whether an error has \noccurred.''.\n (d) Prompt Error Resolution Required.--Section 908(a) of the \nElectronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as \nfollows:\n ``(a) Investigation of Reported Error Required.--\n ``(1) In general.--If, before the end of the 60-day period \n beginning on the date a financial institution transmits \n consumer documentation pursuant to subsection (a), (c), or (d) \n of section 906 or a notice relating to a consumer account \n pursuant to section 906(b) to a consumer, the financial \n institution receives oral or written notice in which the \n consumer--\n ``(A) provides sufficient information to allow the \n financial institution to identify the name and account \n number of the consumer;\n ``(B) indicates the consumer's belief that the \n documentation transmitted, or the consumer's account to \n which the notice related, contains an error and the \n amount of such error; and\n ``(C) indicates the reasons for the consumer's \n belief (where applicable) that an error has occurred,\n the financial institution shall investigate the alleged error, \n determine whether an error has occurred, and report or mail the \n results of such investigation and determination to the consumer \n within 1 business day.\n ``(2) Written confirmation of oral notice.--\n ``(A) In general.--In any case in which a consumer \n provides oral notice of an error to a financial \n institution in accordance with paragraph (1), the \n financial institution may require written confirmation \n to be provided to the institution by the consumer if \n the financial institution--\n ``(i) advises the consumer of such \n requirement at the time the oral notice is made \n and the manner in which the confirmation shall \n be provided; and\n ``(ii) provides the consumer with the \n address to which such confirmation should be \n sent.\n ``(B) Timely receipt of consumer statement.--If a \n requirement by a financial institution for a written \n confirmation pursuant to subparagraph (A) of an oral \n notice by a consumer may be satisfied by a written \n statement prepared and submitted by the consumer, such \n confirmation shall be timely if the financial \n institution receives such confirmation before the end \n of the 15-day period beginning on the date the \n financial institution provided the notice to the \n consumer under subparagraph (A).\n ``(C) Timely return of financial institution's \n confirmation form.--If a requirement by a financial \n institution for a written confirmation pursuant to \n subparagraph (A) of an oral notice by a consumer may be \n only be confirmed by the consumer's signature on a \n written confirmation form sent by the financial \n institution to the consumer for such purpose--\n ``(i) such confirmation shall be timely if \n the financial institution receives such \n confirmation form from the consumer with the \n consumer's signature before the end of the 30-\n day period beginning on the date the financial \n institution provided the notice to the consumer \n under subparagraph (A); and\n ``(ii) such confirmation shall be deemed to \n have been timely received if the consumer fails \n to receive the written confirmation form to \n sign from the financial institution before the \n end of the 20-day period beginning on such \n date.\n ``(3) Failure to timely confirm.--If a financial \n institution which requires written confirmation of a consumer's \n oral notice of an error in accordance with paragraph (2)(A) \n does not receive such confirmation in accordance with \n subparagraph (B) or (C)(i) of paragraph (2) before the end of \n the applicable period described in the appropriate \n subparagraph, the financial institution--\n ``(A) need not provisionally recredit the \n consumer's account in accordance with subsection (c) ; \n and\n ``(B) shall not be liable under subsection (e).\n ``(4) Burden of proof.--In any investigation or resolution \n of an alleged error under this section, the burden of proof is \n on the financial institution to show that an error did not \n occur.''.\n (e) Technical and Conforming Amendments.--\n (1) Section 908(b) of the Electronic Fund Transfer Act (15 \n U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and'' \n after ``, subject to''.\n (2) The first sentence of section 908(d) of the Electronic \n Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking \n ``or (c)''.\n (3) Section 908(e)(1) of the Electronic Fund Transfer Act \n (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day \n period'' and inserting ``1-day period''.","summary":"Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction. Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card. Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice. Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account.","title":"To amend the Electronic Fund Transfer Act to provide similar protections under that Act for consumers as apply under the Truth in Lending Act, and for other purposes.","text_len":8010,"sum_len":1049} {"bill_id":"103_hr4533","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Park Service \nEntrepreneurial Management Reform Act of 1994''.\n\nSEC. 2. FEES.\n\n (a) Admission Fees.--Section 4(a) of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is \namended as follows:\n (1) In the first sentence of paragraph (1)(A)(i), by \n striking ``$25'' and inserting ``$40''.\n (2) By amending the second sentence of paragraph (1)(A)(i) \n to read as follows: ``The permittee and the accompanying \n spouse, children, and parents of the permittee shall be \n entitled to general admission into any area designated pursuant \n to this section.''.\n (3) By modifying the margin of clause (ii) of paragraph \n (1)(A) to align with the margin of clause (i).\n (4) By inserting at the end of clause (ii) of paragraph \n (1)(A) the following: ``Such receipts shall be made available, \n subject to appropriation, for authorized resource protection, \n rehabilitation, and conservation projects as provided for by \n subsection (i), including projects to be carried out by the \n Public Land Corps or any other conservation corps pursuant to \n the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and \n following), or other related programs or authorities, on lands \n administered by the Secretary of the Interior and the Secretary \n of Agriculture.''.\n (5) In paragraph (1)(B), by striking ``$15'' and inserting \n ``$25'' and by adding at the end the following new sentence: \n ``Any amount by which the fee for such an annual permit exceeds \n $15 shall be credited to the appropriation account of the unit \n of the National Park System that collected the fee, shall be \n available to the unit without further appropriation, and shall \n remain available until expended.''.\n (6) In paragraph (2), by inserting ``(A)'' after ``(2)'', \n by striking the fifth and sixth sentences, by amending the \n fourth sentence to read as follows: ``The fee for a single-\n visit permit at any designated area shall be not more than $6 \n per person for persons entering by any means, except that the \n fee shall not exceed $20 for all persons entering a designated \n area in a single noncommercial vehicle.'', and by adding at the \n end the following new subparagraph:\n ``(B) The Secretary shall establish a pilot project at \n Yosemite National Park that utilizes incentives, including \n waiving or reducing admission fees, to encourage use of public \n transit which serves the purpose of reducing vehicular traffic \n within Yosemite National Park.''.\n (7) In paragraph (3), by striking the last sentence.\n (8) In paragraph (4), by striking ``No other free permits \n shall be issued to any person'' and inserting ``No other free \n permits shall be issued to any person, except as otherwise \n provided by this subsection''.\n (9) In paragraph (4), by amending the second sentence to \n read as follows: ``Such permit shall be nontransferable, shall \n be issued for a one-time charge of $10, and shall entitle the \n permittee and the accompanying spouse of the permitee to \n general admission into any area designated pursuant to this \n subsection.''.\n (10) In paragraph (6) by striking ``on Interior and Insular \n Affairs'' and inserting ``on Natural Resources''.\n (11) In paragraph (9), by striking ``San Juan National \n Historic Site, and Canaveral National Seashore'' and inserting \n ``and San Juan National Historic Site'' and by adding the \n following at the end thereof: ``The Secretary of the Interior \n shall submit a report to the Congress within 6 months after the \n enactment of this sentence respecting the areas at which the \n Secretary determines admission fees would be appropriate but at \n which such fees are prohibited by law and respecting each area \n at which such fees are authorized but not being collected \n (including an explanation of the reasons that such fees are not \n being collected).''.\n (12) By amending paragraph (11) to read as follows:\n ``(11) In the case of Yellowstone and Grand Teton National \n Parks, a single-visit fee collected at one unit shall also \n admit the person who paid such fee for a single visit to the \n other unit.''.\n (b) Penalty.--Section 4(e) of the Land and Water Conservation Fund \nAct of 1965 (16 U.S.C. 460l-4 and following) is amended by striking \n``$100'' and inserting ``$1,000''.\n (c) Technical Amendments.--(1) Section 4(h) of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is \namended by striking ``on Interior and Insular Affairs of the United \nStates House of Representatives and United States Senate'' and \ninserting ``on Natural Resources of the United States House of \nRepresentatives and on Energy and Natural Resources of the United \nStates Senate'', by striking ``Bureau of Outdoor Recreation'' and \ninserting ``National Park Service'', and by striking ``Bureau'' and \ninserting ``National Park Service''.\n (2) Section 4(g) of the Land and Water Conservation Fund Act of \n1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or \ncharges for commercial or other activities not related to recreation''.\n (d) Use of Fees.--Section 4(i) of the Land and Water Conservation \nFund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as \nfollows:\n (1) By inserting ``Use of Fees.--'' after ``(i)''.\n (2) In the first sentence of paragraph (1)(B), by striking \n ``fee collection costs for that fiscal year'' and inserting \n ``fee collection costs for the immediately preceding fiscal \n year'' and by striking ``section in that fiscal year'' and \n inserting ``section in such immediately preceding fiscal \n year''.\n (3) In the second sentence of paragraph (1)(B), by striking \n ``in that fiscal year''.\n (4) In paragraph (1), by adding at the end the following \n new subparagraph:\n ``(C) Notwithstanding subparagraph (A) and notwithstanding any \nother provision of law, for fiscal years after fiscal year 1995, the \namount by which the receipts collected pursuant to this section by the \nNational Park Service (except for the portion of fee receipts withheld \nas provided in subparagraph (B) for fee collection costs) exceeds the \nreceipts collected pursuant to this section by the National Park \nService in fiscal year 1993 shall be covered into a special fund \nestablished in the Treasury of the United States to be known as the \n`National Park Renewal Fund'. Amounts in such fund shall be available \nto the Secretary of the Interior, without further appropriation, for \nresource protection, research, interpretation, and maintenance \nactivities related to resource protection and visitor enjoyment in \nareas managed by the National Park Service and shall be allocated among \nnational park system units in accordance with subsection (j). Such \namounts shall remain available until expended. The Secretary shall \ndevelop procedures for the use of amounts in the fund that ensure \naccountability and demonstrated results consistent with the purposes of \nthis Act. Beginning after the first full fiscal year following \nenactment of this subparagraph, the Secretary shall submit an annual \nreport to Congress, on a unit-by-unit basis, detailing the fees \nreceipts collected pursuant to this section and the expenditures of \nsuch receipts.''.\n (e) Time of Reimbursement.--Section 4(k) of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is \namended by striking the last sentence.\n (f) Fees for Special Uses.--Section 4 of the Land and Water \nConservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is \namended by adding the following new subsection at the end:\n ``(o) Fees for Special Uses.--The Secretary of the Interior shall \nestablish reasonable fees for nonrecreational uses of national park \nsystem units that require special arrangements, including permits. The \nfees shall be set at such level as the Secretary deems necessary to \ninsure that the United States will receive fair market value for the \nuse of the area concerned and shall, at a minimum, cover all costs of \nproviding necessary services associated with such special uses, except \nthat the Secretary may, in his discretion, waive or reduce such fees in \nthe case of any nonprofit organization or any organization using an \narea within the national park system for educational or park-related \npurposes. Notwithstanding any other provision of law, the Secretary \nshall retain so much of the revenue from such fees as is equal to fee \ncollection costs and the costs of providing the necessary services \nassociated with such special uses. Such retained amounts shall be \ncredited to the appropriation account for the national park system unit \nconcerned and shall remain available until expended, beginning in the \nfiscal year in which the amounts are so credited.''.\n (g) Admission or Recreation Use Fees.--Section 4 of the Land and \nWater Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is \namended by adding the following new subsection at the end:\n ``(p) Admission or Recreation Use Fees.--Notwithstanding any other \nprovision of law, no admission or recreation use fee of any kind shall \nbe charged or imposed for entrance into, or use of, any federally owned \narea operated and maintained by a Federal agency and used for outdoor \nrecreation purposes, except as provided for by this Act.''.\n\nSEC. 3. CHALLENGE COST-SHARE AGREEMENTS.\n\n (a) Agreements.--The Secretary of the Interior is authorized to \nnegotiate and enter into challenge cost-share agreements with \ncooperators. For purposes of this section--\n (1) The term ``challenge cost-share agreement'' means any \n agreement entered into between the Secretary and any cooperator \n for the purpose of sharing costs or services in carrying out \n any authorized functions and responsibilities of the Secretary \n with respect to any unit of the national park system (as \n defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. \n 1b-1c)), any affiliated area, or any designated national scenic \n or historic trail.\n (2) The term ``cooperator'' means any State or local \n government, public or private agency, organization, \n institution, corporation, individual, or other entity.\n (b) Use of Federal Funds.--In carrying out challenge cost-share \nagreements, the Secretary is authorized, subject to appropriation, to \nprovide the Federal funding share from any funds available to the \nNational Park Service.\n\nSEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.\n\n Notwithstanding any other provision of law, any funds payable to \nUnited States as restitution on account of damage to national park \nresources or property shall be paid to the Secretary of the Interior. \nAny such funds, and any other funds received as a result of forfeiture, \ncompromise, or settlement on account of damage to national park \nresources or property shall be credited to the appropriation account \nfor the national park system unit concerned and shall be available, \nwithout further appropriation, for expenditure by the Secretary, \nwithout regard to fiscal year limitation, to improve, protect, or \nrehabilitate any park resources or property which have been damaged by \nthe action of a permittee or any unauthorized person.","summary":"National Park Service Entrepreneurial Management Reform Act of 1994 - Amends the Land and Water Conservation Fund Act of 1965 to increase fees for admission to units of the National Park System (NPS) and other specified areas. Makes receipts from admission available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects. Requires the Secretary of the Interior to establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within such park. Revises provisions regarding the issuance of lifetime admission permits, including a limitation that such a permit entitles only the permittee and the accompanying spouse to free admission. Directs the Secretary to report to the Congress respecting areas where the Secretary determines that admission fees would be appropriate but where such fees are prohibited by law, and areas where such fees are authorized but not being collected. Increases the penalty for violations of rules and regulations regarding admission and special recreation use fees. Modifies provisions regarding the use of fees collected. Requires that specified receipts be covered into a special National Park Renewal Fund. Makes such funds available for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service. Repeals a requirement that qualified public or private entities selling annual admission permits reimburse the United States for the full amount to be received from the sale of such permits when or before the agency delivers the permits to such entity for sale. Directs the Secretary to establish reasonable fees for nonrecreational uses of NPS units that require special arrangements. Prohibits charging an admission or recreation use fee for entrance into, or use of, any federally owned area operated and maintained by a Federal agency which is used for outdoor recreation purposes, except as provided for by such Act. Authorizes the Secretary to: (1) negotiate and enter into agreements with State or local governments, individuals, or other entities for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to NPS units. And (2) provide, subject to appropriation, the Federal funding share from any funds available to the National Park Service in carrying out such agreements. Requires any funds payable to the United States as restitution for damages to national park resources or property to be paid to the Secretary and made available for improvement, protection, or rehabilitation of damaged resources or property.","title":"National Park Service Entrepreneurial Management Reform Act of 1994","text_len":11939,"sum_len":2846} {"bill_id":"108_hr4781","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``MMA Territorial Equity for Low-\nIncome Individuals Act of 2004''.\n\nSEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES UNDER MEDICARE \n PRESCRIPTION DRUG TRANSITIONAL ASSISTANCE PROGRAM.\n\n (a) In General.--Subsection (b)(2)(A) of section 1860D-31 of the \nSocial Security Act (42 U.S.C. 1395w-141) is amended by inserting after \n``or the District of Columbia'' the following: ``or in Puerto Rico, the \nVirgin Islands, Guam, American Samoa, or the Commonwealth of the \nNorthern Mariana Islands''.\n (b) Conforming Change in Availability of Funds.--Subsection (j)(2) \nof such section is amended--\n (1) by striking ``for the entire period of the operation of \n this section'' and inserting ``for 2004''; and\n (2) by striking subparagraph (D).\n (c) Additional Conforming Amendments.--(1) Subsection (b) of such \nsection is amended--\n (A) by adding at the end of paragraph (2)(A) the following: \n ``The poverty line to be applied under this subparagraph to an \n individual residing in a territory shall be the same as the \n poverty line applicable to individuals residing in the \n continental United States.''; and\n (B) by adding at the end of paragraph (3) the following: \n ``The poverty line to be applied under this paragraph to an \n individual residing in a territory shall be the same as the \n poverty line applicable to individuals residing in the \n continental United States.''.\n (2) Subsection (f)(3)(C)(ii) of such section is amended by striking \n``that is one of the 50 States or the District of Columbia''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on January 1, 2005.\n\nSEC. 3. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND \n COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG \n PROGRAM.\n\n (a) In General.--Section 1860D-14(a)(3) of the Social Security Act \n(42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F).\n (b) Conforming Amendments.--\n (1) Section 1935 of such Act (42 U.S.C. 1396v) is amended--\n (A) in subsections (a) and (c)(1), by striking \n ``subject to subsection (e)'';\n (B) in subsection (c)(1)(A), by striking ``Each of \n the 50 States and the District of Columbia'' and \n inserting ``Each State'';\n (C) in subsection (c)(2)(A)(i), by striking ``and'' \n at the end of subclause (I), and by adding after \n subclause (II) the following new subclause:\n ``(III) in the case of a territory \n subject to a limitation on payments \n under this title under subsections (f) \n and (g) of section 1108, the ratio of \n the total amounts of the payment \n limitations under such subsections for \n such territory for fiscal year 2003, to \n the total amounts that would be payable \n to such territory under this title for \n such fiscal year but for such payment \n limitations; and''; and\n (D) by striking subsection (e).\n (2) Section 1108(f) of such Act (42 U.S.C. 1308(f)) is \n amended by striking ``and section 1935(e)(1)(B)''.\n (3) Section 1860D-14(a)(3)(C) of such Act (42 U.S.C. 1395w-\n 114(a)(3)(C)) is amended by adding at the end the following: \n ``The poverty line to be applied in the territories shall be \n the same as the poverty line applied to States in the \n continental United States.''.\n (c) Effective Date.--The amendments made by this section shall be \neffective as if included in the enactment of the Medicare Prescription \nDrug, Improvement, and Modernization Act of 2003 (Public Law 108-173).\n\nSEC. 4. INSTITUTE OF MEDICINE REPORT ON ACCESS OF MEDICARE \n BENEFICIARIES IN TERRITORIES TO PRESCRIPTION DRUGS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nrequest the Institute of Medicine of the National Academy of Sciences \nto undertake a study that examines the access of medicare beneficiaries \nresiding in the United States territories to prescription drugs during \neach of 3 periods:\n (1) Before mma.--The period before the date of the \n enactment of the Medicare Prescription Drug, Improvement, and \n Modernization Act of 2003 (Public Law 108-173).\n (2) Discount card and transitional assistance.--The period \n during the implementation of the discount card and transitional \n assistance program (under section 1860D-31 of the Social \n Security Act).\n (3) Implementation of prescription drug benefit.--The \n period beginning on January 1, 2006.\n (b) Report.--The study under subsection (a) shall include a report \nto the Secretary, the Committees on Ways and Means and Energy and \nCommerce of the House of Representatives, and the Committee on Finance \nof the Senate, on the results of such study. Such report shall include \ninformation on--\n (1) the relative cost of prescription drugs to medicare \n beneficiaries residing in the territories, both retail and as \n affected through benefit changes effected under the Medicare \n Prescription Drug, Improvement, and Modernization Act of 2003 \n (Public Law 108-173); and\n (2) statistical health improvements of such beneficiaries \n as a result of the enactment of such law.","summary":"MMA Territorial Equity for Low-Income Individuals Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to treat Medicare-eligible citizens of Guam, the Virgin Islands, American Samoa, the Commonwealth of Puerto and the Commonwealth of the Northern Mariana Islands the same as low-income citizens in the 50 States and the District of Columbia with respect to the Medicare prescription drug transitional assistance program, and premium and cost-sharing subsidies under the Medicare prescription drug program. Directs the Secretary of Health and Himan Services to request the Institute of Medicine of the National Academy of Sciences to undertake a study for a report to the Secretary and Congress on access of Medicare beneficiaries in territories to prescription drugs.","title":"To amend titles XVIII and XIX of the Social Security Act to provide for equitable treatment of residents of territories with respect to transitional assistance and low-income subsidies under the Medicare prescription drug benefit program.","text_len":5894,"sum_len":786} {"bill_id":"111_hr4649","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Human Rights Sanctions Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Iran voted in the United Nations General Assembly on \n December 10, 1948, to adopt the Universal Declaration of Human \n Rights, thereby committing to guarantee the ``life, liberty, \n and security of person'' of all people and rejecting ``cruel, \n inhuman, or degrading treatment or punishment''.\n (2) Iran is a party to major international human rights \n instruments.\n (3) The Government of Iran is violating its international \n obligations to respect the human rights and fundamental \n freedoms of its citizens, including by--\n (A) using torture and cruel, inhuman, or degrading \n treatment or punishment, including flogging, and \n amputations;\n (B) carrying out an increasingly high rate of \n executions in the absence of internationally recognized \n safeguards, including public executions;\n (C) using stoning as a method of execution and \n maintaining a high number of persons in prison who \n continue to face sentences of execution by stoning;\n (D) carrying out arrests, violent repression, and \n sentencing of women exercising their right to peaceful \n assembly, a campaign of intimidation against women's \n rights defenders, and continuing discrimination against \n women and girls;\n (E) permitting or carrying out increasing \n discrimination and other human rights violations \n against persons belonging to religious, ethnic, \n linguistic, or other minorities;\n (F) imposing ongoing, systematic, and serious \n restrictions of freedom of peaceful assembly and \n association and freedom of opinion and expression, \n including the continuing closures of media outlets, \n arrests of journalists, and the censorship of \n expression in online forums such as blogs and websites; \n and\n (G) imposing severe limitations and restrictions on \n freedom of religion and belief, including by carrying \n out arbitrary arrests, indefinite detentions, and \n lengthy jail sentences for those exercising their \n rights to freedom of religion or belief and proposing a \n provision in a draft penal code that sets out a \n mandatory death sentence for apostasy, the abandoning \n of one's faith.\n (4) On June 19, 2009, the United Nations High Commissioner \n for Human Rights expressed concerns about the increasing number \n of arrests not in conformity with the law and the illegal use \n of excessive force in responding to protests following the June \n 12, 2009, political processes in Iran, resulting in at least \n dozens of deaths and hundreds of injuries.\n (5) On August 1, 2009, authorities in the Government of \n Iran began a mass trial of more than 100 individuals in \n connection with election protests, most of whom were held for \n weeks, in solitary confinement, with little or no access to \n their lawyers or families, and many of whom showed signs of \n torture or abuse.\n (6) The ``Supreme Leader'' of Iran issued a statement on \n October 28, 2009, effectively criminalizing dissent in the \n aftermath of the national political processes of June 12, 2009.\n (7) On November 4, 2009, security forces in the Government \n of Iran used brutal force to disperse thousands of protesters, \n resulting in a number of injuries and arrests, in violation of \n international norms regarding the proportionate use of force \n against peaceful demonstrations.\n (8) At least 8 citizens of Iran were killed and an \n undetermined number were injured on December 27, 2009, when \n security forces of the Government of Iran violently broke up \n peaceful gatherings during the Ashura holiday.\n (9) The Government of Iran has recently sentenced numerous \n Iranian citizens to death without due process for politicized \n crimes relating to the peaceful demonstrations that followed \n the June 12, 2009, political processes, including ``waging war \n against God'', and has begun carrying out those execution \n sentences, including the death by hanging of 2 individuals on \n January 28, 2010.\n (10) The Iran Freedom Support Act (Public Law 109-293; 50 \n U.S.C. 1701 note) declares that it should be the policy of the \n United States--\n (A) to support efforts by the people of Iran to \n exercise self-determination over the form of government \n of their country; and\n (B) to support independent human rights and \n peaceful pro-democracy forces in Iran.\n\nSEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN \n HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR \n THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL \n PROCESSES IN IRAN.\n\n (a) In General.--The President shall impose sanctions described in \nsubsection (c) (1) and (2) with respect to each person on the list \nrequired by subsection (b), beginning not later than the date on which \nthe President submits to the appropriate congressional committees the \nlist required by subsection (b)(1) or the updated list required by \nsubsection (b)(2) (as the case may be).\n (b) List of Persons Who Are Complicit in Certain Human Rights \nAbuses.--\n (1) In general.--Not later than 90 days after the date of \n the enactment of this Act, the President shall submit to the \n appropriate congressional committees a list of persons who are \n citizens of Iran that the President determines are complicit in \n human rights abuses committed against citizens of Iran or their \n family members on or after June 12, 2009, regardless of whether \n such abuses occurred in Iran.\n (2) Updates of list.--Not later than 180 days after the \n date of the enactment of this Act, and every 90 days \n thereafter, the President shall submit to the appropriate \n congressional committees an updated list under paragraph (1).\n (3) Public availability.--The list required by paragraph \n (1) shall be made available to the public and posted on the \n websites of the Department of the Treasury and the Department \n of State.\n (4) Consideration of data from other countries and \n nongovernmental organizations.--In preparing the list required \n by paragraph (1), the President shall consider data already \n obtained by other countries and nongovernmental organizations, \n including organizations in Iran, that monitor the human rights \n abuses of the Government of Iran.\n (c) Sanctions Described.--The sanctions described in this \nsubsection are the following:\n (1) Visa ban.--Ineligibility for a visa to enter the United \n States.\n (2) Financial sanctions.--Sanctions authorized under the \n International Emergency Economic Powers Act (50 U.S.C. 1701 et \n seq.), including blocking of property and restrictions or \n prohibitions on financial transactions and the exportation and \n importation of property.\n (d) Termination of Sanctions.--The provisions of this section shall \ncease to have force and effect beginning 90 days after the date on \nwhich the President determines and certifies to the appropriate \ncongressional committees that--\n (1) the persons sanctioned under this section have ceased \n to be complicit in human rights abuses committed against \n citizens of Iran or their family members on or after June 12, \n 2009, regardless of whether such abuses occurred in Iran; and\n (2) the Government of Iran has--\n (A) unconditionally released all political \n prisoners, including the citizens of Iran detained in \n the aftermath of the June 12, 2009, political processes \n in Iran, and allowed for investigations of Iranian \n prisons by appropriate international human rights \n organizations;\n (B) ceased its practices of violence, unlawful \n detention, torture, and abuse of citizens of Iran while \n engaging in peaceful political activity;\n (C) conducted a transparent investigation into the \n killings, arrest, and abuse of peaceful political \n activists in Iran and prosecuted those responsible;\n (D) legalized all political activity;\n (E) made public commitments to organizing free and \n fair elections for a new government--\n (i) to be held in a timely manner within a \n period not to exceed 180 days after the date on \n which the President makes the determination and \n certification to the appropriate congressional \n committees under this subsection;\n (ii) with the participation of multiple \n independent political parties that have full \n access to the media on an equal basis, \n including (in the case of radio, television, or \n other telecommunications media) in terms of \n allotments of time for such access and the \n times of day such allotments are given; and\n (iii) to be conducted under the supervision \n of internationally recognized observers;\n (F) ceased any interference with broadcasts such as \n Voice of America and Radio Farda; and\n (G) made public commitments to and is making \n demonstrable progress in--\n (i) establishing an independent judiciary; \n and\n (ii) respecting internationally recognized \n human rights and basic freedoms as recognized \n in the Universal Declaration of Human Rights.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' has the meaning given \n that term in section 14(2) of the Iran Sanctions Act of 1996 \n (Public Law 104-172; 50 U.S.C. 1701 note).\n (2) Country reports on human rights practices.--The term \n ``Country Reports on Human Rights Practices'' means the annual \n reports required to be submitted by the Department of State to \n Congress under sections 116(d) and 502B(b) of the Foreign \n Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)).\n (3) Government of iran.--The term ``Government of Iran'' \n includes any agency or instrumentality of the Government of \n Iran, including any entity that is controlled by the Government \n of Iran.\n (4) Human rights abuses.--The term ``human rights abuses'' \n means those forms of abuses detailed in the Department of \n State's annual Country Reports on Human Rights Practices.","summary":"Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites. And (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses. And (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference.","title":"To impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, political processes in Iran, and for other purposes.","text_len":12028,"sum_len":1079} {"bill_id":"114_hr3759","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drunk Driving Repeat Offender \nPrevention Act of 2015''.\n\nSEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED \n DRIVING.\n\n (a) In General.--Chapter 1 of title 23, United States Code, is \namended by inserting after section 159 the following:\n``Sec. 160. Use of ignition interlock devices to prevent repeat \n intoxicated driving\n ``(a) Definitions.--In this section:\n ``(1) Alcohol concentration.--The term `alcohol \n concentration' means grams of alcohol per 100 milliliters of \n blood or grams of alcohol per 210 liters of breath.\n ``(2) Driving while intoxicated; driving under the \n influence.--The terms `driving while intoxicated' and `driving \n under the influence' mean driving or being in actual physical \n control of a motor vehicle in a State while having a blood \n alcohol concentration of 0.08 percent or greater.\n ``(3) Ignition interlock device.--The term `ignition \n interlock device' means an in-vehicle device that requires a \n driver to provide a breath sample prior to the motor vehicle \n starting, and that prevents a motor vehicle from starting if \n the alcohol concentration of the driver is above the legal \n limit.\n ``(4) Motor vehicle.--\n ``(A) In general.--The term `motor vehicle' means a \n vehicle driven or drawn by mechanical power and \n manufactured primarily for use on public highways.\n ``(B) Exclusions.--The term `motor vehicle' does \n not include--\n ``(i) a vehicle operated solely on a rail \n line; or\n ``(ii) a commercial vehicle.\n ``(b) Laws Requiring Ignition Interlock Devices.--\n ``(1) In general.--Subject to paragraph (2), a State meets \n the requirements of this subsection if the State has enacted \n and is enforcing a law that requires throughout the State the \n installation of an ignition interlock device for a minimum of \n 180 days on each motor vehicle operated by an individual who is \n convicted of driving while intoxicated or driving under the \n influence.\n ``(2) Exception.--The 180-day period referred to in \n paragraph (1) for the installation of an ignition interlock \n device may be reduced to a period of not fewer than 90 days, \n if--\n ``(A) the driver's licence of the individual is \n suspended for a minimum of 180 days as a result of the \n conviction; and\n ``(B) the period for the installation of an \n ignition interlock device begins after the last day of \n the suspension.\n ``(c) Withholding of Funds for Noncompliance.--\n ``(1) Fiscal year 2018.--On October 1, 2017, the Secretary \n shall withhold 1 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(2) Fiscal year 2019.--On October 1, 2018, the Secretary \n shall withhold 3 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(3) Fiscal year 2020 and thereafter.--On October 1, 2019, \n and on October 1 of each fiscal year thereafter, the Secretary \n shall withhold 5 percent of the amount required to be \n apportioned to a State under each of paragraphs (1) and (2) of \n section 104(b) if the State does not meet the requirements of \n subsection (b).\n ``(d) Period of Availability of Withheld Funds; Effect of \nCompliance and Noncompliance.--\n ``(1) Period of availability of withheld funds.--Any funds \n withheld under subsection (c) from apportionment to a State \n shall remain available for apportionment to the State until the \n end of the third fiscal year following the fiscal year for \n which the funds are authorized to be appropriated.\n ``(2) Apportionment of withheld funds after compliance.--\n If, before the last day of the period for which funds withheld \n under subsection (c) from apportionment are to remain available \n for apportionment to a State under paragraph (1), the State \n meets the requirements of subsection (b), the Secretary shall, \n on the first day on which the State meets the requirements of \n subsection (b), apportion to the State the funds withheld under \n subsection (c) that remain available for apportionment to the \n State.\n ``(3) Period of availability of subsequently apportioned \n funds.--Any funds apportioned pursuant to paragraph (2)--\n ``(A) shall remain available for expenditure until \n the end of the third fiscal year following the fiscal \n year in which the funds are so apportioned; and\n ``(B) if not apportioned at the end of that period, \n shall lapse.\n ``(4) Effect of noncompliance.--If, at the end of the \n period for which funds withheld under subsection (c) from \n apportionment are available for apportionment to a State under \n paragraph (1), the State does not meet the requirements of \n subsection (b), the funds shall lapse.''.\n (b) Conforming Amendment.--The analysis for such chapter is amended \nby inserting after the item relating to section 159 the following:\n\n``160. Use of ignition interlock devices to prevent repeat intoxicated \n driving.''.","summary":"Drunk Driving Repeat Offender Prevention Act of 2015 Directs the Department of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2018-FY2020 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. Defines quot, driving while intoxicatedquot, and quot, driving under the influencequot. As driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration of 0.08 or greater. Requires an ignition interlock device to: require a driver to provide a breath sample before the motor vehicle starts, and prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. Authorizes reduction of the 180-day period to 90 days if: the driver's license is suspended for a minimum of 180 days as a result of the conviction, and the period for installation of an ignition interlock device begins after the last day of the suspension.","title":"Drunk Driving Repeat Offender Prevention Act of 2015","text_len":5994,"sum_len":1184} {"bill_id":"110_hr4165","text":"SECTION 1. MODELING AND SIMULATION PROGRAMS.\n\n The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is \namended by adding at the end the following new title:\n\n ``TITLE VIII--ADDITIONAL PROGRAMS\n\n``SEC. 801. MODELING AND SIMULATION PROGRAMS.\n\n ``(a) Purpose; Definition.--\n ``(1) Purpose.--The purpose of this section is to promote \n the study of modeling and simulation at institutions of higher \n education, through the collaboration with new and existing \n programs, and specifically to promote the use of technology in \n such study through the creation of accurate models that can \n simulate processes or recreate real life, by--\n ``(A) establishing a task force at the Department \n of Education to raise awareness of and define the study \n of modeling and simulation;\n ``(B) provide grants to institutions of higher \n education to develop new modeling and simulation degree \n programs; and\n ``(C) create grants for institutions of higher \n education to enhance existing modeling and simulation \n degree programs.\n ``(2) Definition.--In this section, the term `modeling and \n simulation' means a field of study related to the application \n of computer science and mathematics to develop a level of \n understanding of the interaction of the parts of a system and \n of a system as a whole.\n ``(b) Establishment of Taskforce.--\n ``(1) In general.--Subject to the availability of \n appropriations, the Secretary shall establish a taskforce \n within the Department of Education to study modeling and \n simulation and to support the development of the modeling and \n simulation field. The activities of such taskforce shall \n include--\n ``(A) helping to define the study of modeling and \n simulation (including the content of modeling and \n simulation classes and programs);\n ``(B) identifying best practices for such study;\n ``(C) identifying core knowledge and skills that \n individuals who participate in modeling and simulation \n programs should aquire; and\n ``(D) providing recommendations to the Secretary \n with respect to--\n ``(i) the information described in \n subparagraphs (A) through (C); and\n ``(ii) a system by which grants under this \n section will be distributed.\n ``(2) Taskforce membership.--The membership of the \n taskforce under this subsection shall be composed of \n representatives from--\n ``(A) institutions of higher education with \n established modeling and simulation degree programs;\n ``(B) the National Science Foundation;\n ``(C) Federal Government agencies that use modeling \n and simulation extensively, including the Department of \n Defense, the National Institute of Health, the \n Department of Homeland Security, the Department of \n Health and Human Services, the Department of Energy, \n and the Department of Transportation;\n ``(D) private industries with a primary focus on \n modeling and simulation; and\n ``(E) national modeling and simulation \n organizations.\n ``(c) Enhancing Modeling and Simulation at Institutions of Higher \nEducation.--\n ``(1) Enhancement grants authorized.--\n ``(A) In general.--The Secretary is authorized to \n award grants, on a competitive basis, to eligible \n institutions to enhance modeling and simulation degree \n programs at such eligible institutions.\n ``(B) Duration of grant.--A grant awarded under \n this subsection shall be awarded for a 3-year period, \n and such grant period may be extended for not more than \n 2 years if the Secretary determines that an eligible \n institution has demonstrated success in enhancing the \n modeling and simulation degree program at such eligible \n institution.\n ``(C) Minimum grant amount.--Subject to the \n availability of appropriations, a grant awarded to an \n eligible institution under this subsection shall not be \n for an amount less than $750,000.\n ``(D) Non-federal share.--Each eligible institution \n receiving a grant under this subsection shall provide, \n from non-Federal sources, in cash or in kind, an amount \n equal to 25 percent of the amount of the grant to carry \n out the activities supported by the grant. The \n Secretary may waive the non-Federal share requirement \n under this subparagraph for an eligible institution if \n the Secretary determines a waiver to be appropriate \n based on the financial ability of the institution.\n ``(2) Eligible institutions.--For the purposes of this \n subsection, an eligible institution is an institution of higher \n education that--\n ``(A) has an established modeling and simulation \n degree program, including a major, minor, or career-\n track program; or\n ``(B) has an established modeling and simulation \n certifcate or concentration program.\n ``(3) Application.--To be considered for a grant under this \n subsection, an eligible institution shall submit to the \n Secretary an application at such time, in such manner, and \n containing such information as the Secretary may require. Such \n application shall include--\n ``(A) a letter from the President or provost of the \n eligible institution that demonstrates the \n institution's commitment to the enhancement of the \n modeling and simulation program at the institution of \n higher education;\n ``(B) identification of designated faculty \n responsible for the enhancement of the institution's \n modeling and simulation program; and\n ``(C) a detailed plan for how the grant funds will \n be used to enhance the modeling and simulation program \n of the institution.\n ``(4) Uses of funds.--A grant awarded under this subsection \n shall be used by an eligible institution to carry out the plan \n developed in accordance with paragraph (3)(C) to enhance \n modeling and simulation programs at the institution, which may \n include--\n ``(A) in the case of an institution that is \n eligible under paragraph (2)(B), activities to assist \n in the establishment of a major, minor, or career-track \n modeling and simulation program at the eligible \n institution;\n ``(B) expanding the multi-disciplinary nature of \n the institution's modeling and simulation programs;\n ``(C) recruiting students into the field of \n modeling and simulation through the provision of \n fellowships or assistantships;\n ``(D) creating new courses to compliment existing \n courses and reflect emerging developments in the \n modeling and simulation field;\n ``(E) conducting research to support new \n methodologies and techniques in modeling and \n simulation; and\n ``(F) purchasing equipment necessary for modeling \n and simulation programs.\n ``(d) Establishing Modeling and Simulation Programs.--\n ``(1) Establishment grants authorized.--\n ``(A) In general.--The Secretary is authorized to \n award grants to institutions of higher education to \n establish a modeling and simulation program, including \n a major, minor, career-track, certificate, or \n concentration program.\n ``(B) Duration of grant.--A grant awarded under \n this subsection shall be awarded for a 3-year period, \n and such grant period may be extended for not more than \n 2 years if the Secretary determines that an eligible \n institution has demonstrated success in establishing a \n modeling and simulation degree program at such eligible \n institution.\n ``(C) Minimum grant amount.--Subject to the \n availability of appropriations, a grant awarded to an \n eligible institution under this subsection shall not be \n for an amount less than $750,000.\n ``(D) Non-federal share.--Each eligible institution \n receiving a grant under this subsection shall provide, \n from non-Federal sources, in cash or in kind, an amount \n equal to 25 percent of the amount of the grant to carry \n out the activities supported by the grant. The \n Secretary may waive the non-Federal share requirement \n under this subparagraph for an eligible institution if \n the Secretary determines a waiver to be appropriate \n based on the financial ability of the institution.\n ``(2) Application.--To apply for a grant under this \n subsection, an eligible institution shall submit to the \n Secretary an application at such time, in such manner, and \n containing such information as the Secretary may require. Such \n application shall include--\n ``(A) a letter from the President or provost of the \n eligible institution that demonstrates the \n institution's commitment to the establishment of a \n modeling and simulation program at the institution of \n higher education;\n ``(B) a detailed plan for how the grant funds will \n be used to establish a modeling and simulation program \n at the institution; and\n ``(C) a description of how the modeling and \n simulation program established under this subsection \n will complement existing programs and fit into the \n institution's current program and course offerings.\n ``(3) Uses of funds.--A grant awarded under this subsection \n may be used by an eligible institution to--\n ``(A) establish, or work toward the establishment \n of, a modeling and simulation program, including a \n major, minor, career-track, certificate, or \n concentration program at the eligible institution;\n ``(B) provide adequate staffing to ensure the \n successful establishment of the modeling and simulation \n program, which may include the assignment of full-time \n dedicated or supportive faculty; and\n ``(C) purchasing equipment necessary for a modeling \n and simulation program.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $40,000,000 for fiscal year 2009 \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears. Of the amounts authorized to be appropriated for each fiscal \nyear--\n ``(1) $1,000,000 is authorized to carry out the activities \n of the task force established pursuant to subsection (b); and\n ``(2) of the amount remaining after the allocation for \n paragraph (1)--\n ``(A) 50 percent is authorized to carry out the \n grant program under subsection (c); and\n ``(B) 50 percent is authorized to carry out the \n grant program under subsection (d).''.","summary":"Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a taskforce within the Department of Education to recommend improvements to the study of modeling and simulation, and identify the core capacities that students in such programs should acquire. Authorizes the Secretary to award: (1) competitive grants to institutions of higher education (IHEs) for the enhancement of their existing modeling and simulation programs. And (2) grants to IHEs for the establishment of such programs. Requires grantees to raise, from nonfederal sources, an amount equal to 25 of their grants.","title":"To provide grants to encourage and enhance the study of modeling and simulation at institutions of higher education.","text_len":12653,"sum_len":611} {"bill_id":"108_s2720","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Peace in Sudan Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Foreign Relations of the Senate and the Committee on \n International Relations of the House of Representatives.\n (2) JEM.--The term ``JEM'' means the Justice and Equality \n Movement.\n (3) SPLM.--The term ``SPLM'' means the Sudan People's \n Liberation Movement.\n (4) SLA.--The term ``SLA'' means the Sudanese Liberation \n Army.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) A comprehensive peace agreement for Sudan, as \n envisioned in the Sudan Peace Act (50 U.S.C. 1701 note), and in \n the Machakos Protocol of 2002, is in grave jeopardy.\n (2) Since 1989, the Government of Sudan has repeatedly \n engaged in and sponsored orchestrated campaigns of attacking \n and dislocating targeted civilian populations, disrupting their \n ability to sustain themselves, and subsequently restricting \n assistance to those displaced in a coordinated policy of ethnic \n cleansing and Arabization that is most recently evident in the \n Darfur region of Sudan.\n (3) In response to 2 decades of civil conflict in Sudan, \n the United States has helped to establish an internationally \n supported peace process to promote a negotiated settlement to \n the war that has resulted in a framework peace agreement, the \n Nairobi Declaration on the Final Phase of Peace in the Sudan \n signed June 5, 2004.\n (4) At the same time that the Government of Sudan was \n negotiating for a final countrywide peace, enumerated in the \n Nairobi Declaration on the Final Phase of Peace in the Sudan, \n it refused to engage in any discussion with regard to its \n ongoing campaign of ethnic cleansing in the region of Darfur.\n (5) According to United States and United Nations \n officials, the Government of Sudan has engaged in an \n orchestrated campaign, with the assistance of its Arab Sudanese \n proxy militia, the Janjaweed, to cleanse a significant part of \n the ethnically African population from North Darfur, West \n Darfur, and South Darfur, Sudan.\n (6) The United Nations High Commissioner for Human Rights \n identified ``massive human rights violations in Darfur \n perpetrated by the Government of Sudan and the Janjaweed, which \n may constitute war crimes and\/or crimes against humanity''.\n (7) Evidence collected by international observers in the \n Darfur region between January 2003 and July 2004 indicate a \n coordinated effort to target African Sudanese civilians in a \n scorched earth policy, from both air and ground, that has \n destroyed African Sudanese villages, killing and driving away \n its people, while Arab Sudanese villages have been left \n unscathed.\n (8) As a result of this coordinated campaign that may well \n constitute genocide, reports indicate tens of thousands of \n African Sudanese civilians killed, the systematic rape of \n hundreds of women and girls, the destruction of hundreds of \n Fur, Masalit, and Zaghawa villages and other ethnically African \n populations, including the poisoning of their wells and the \n plunder of crops and cattle upon which they sustain themselves.\n (9) According to the United Nations High Commissioner for \n Refugees, 1,200,000 people have been displaced in the Darfur \n region of Sudan of whom nearly 200,000 have been forced to flee \n to Chad as refugees.\n (10) Even as refugees were fleeing Sudan, the Government of \n Sudan conducted aerial attack missions and deadly raids across \n the international border between Sudan and Chad in an illegal \n effort to pursue Sudanese civilians seeking refuge in Chad.\n (11) In addition to the thousands of violent deaths \n directly caused by ongoing Sudanese military and government \n sponsored Janjaweed attacks in the Darfur region, the \n Government of Sudan has restricted humanitarian and human \n rights workers' access to the Darfur area, primarily through \n bureaucratic and administrative obstruction and delays in an \n attempt to inflict the most devastating harm on those displaced \n from their villages and homes without any means of sustenance \n or shelter.\n (12) The Government of Sudan's continued support for the \n Janjaweed and their obstruction of the delivery of food, \n shelter, and medical care to the Darfur region--\n (A) is estimated to be causing 500 deaths each day; \n and\n (B) is projected to escalate to 1,200 deaths each \n day by August 2004, and 2,400 deaths each day by \n December 2004, so that even a best-case scenario will \n likely result in the death of more than 320,000 people \n between April 1, 2004 and December 31, 2004.\n (13) The Government of Chad in N'Djamena served an \n important role in facilitating the Darfur Humanitarian Cease-\n fire dated April 8, 2004 for the Darfur region between the \nGovernment of Sudan and the 2 opposition rebel groups in Darfur (the \nJEM and the SLA) although both sides have violated it repeatedly.\n (14) The Government and people of Chad have allowed the \n entry of 200,000 refugees from the Darfur region of Sudan and \n have generally facilitated the delivery of international \n humanitarian assistance, although logistical obstacles remain a \n challenge in a crisis that is taxing the people of eastern Chad \n and the refugees.\n (15) The cooperation and mediation of the SPLM is critical \n to bringing about a political settlement between the Government \n of Sudan, the SLA, and the JEM.\n\nSEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, SUDAN.\n\n (a) Sudan Peace Act.--It is the sense of Congress that the Sudan \nPeace Act (50 U.S.C. 1701 note) remains relevant and should be extended \nto include the Darfur region of Sudan.\n (b) Actions To Address the Conflict.--It is the sense of Congress \nthat--\n (1) a legitimate countrywide peace in Sudan will only be \n possible if the principles and purpose of the Machakos Protocol \n of 2002 and the Nairobi Declaration on the Final Phase of Peace \n in the Sudan signed June 5, 2004, negotiated with the SPLM, \n should apply to all of Sudan and to all of the people of Sudan, \n including the Darfur region;\n (2) the parties to the Darfur Humanitarian Cease-fire dated \n April 8, 2004 (the Government of Sudan, the SLA, and the JEM) \n must meet their obligations under that agreement to allow safe \n and immediate access of all humanitarian assistance throughout \n the Darfur region and must expedite the conclusion of a \n political agreement to end the conflict in Darfur;\n (3) the United States should continue to provide \n humanitarian assistance to the areas of Sudan to which the \n United States has access and, at the same time, develop a plan \n similar to that described in section 10 of the Sudan Peace Act \n to provide assistance to the areas of Sudan to which United \n States access has been obstructed or denied;\n (4) the international community, including African, Arab, \n and Muslim nations, should immediately provide logistical, \n financial, in-kind, and personnel resources necessary to save \n the lives of hundreds of thousands of individuals in the Darfur \n crisis;\n (5) the United States Ambassador-at-Large for War Crimes \n should travel to Chad and the Darfur region immediately to \n investigate war crimes and crimes against humanity, to develop \n a more accurate portrayal of the situation on the ground and \n best inform the report required in section 11(b) of the Sudan \n Peace Act;\n (6) the United States and the international community \n should use all necessary means to assist in the immediate \n deployment of the full mandated African Union contingent of 100 \n monitors and a security force of 300, and work to increase the \n authorized level to that which properly addresses the gravity \n and scope of the problem in a region the size of France;\n (7) the President should immediately name a new Special \n Envoy to Sudan to further efforts begun by John Danforth and to \n allow the United States to continue to lead the peace effort \n toward a comprehensive and sustainable peace in Sudan;\n (8) the President should use all means to facilitate a \n comprehensive solution to the conflict in Sudan, including by \n directing the United States Permanent Representative to the \n United Nations to pursue a resolution of the United Nations \n Security Council that--\n (A) condemns the actions of the Government of Sudan \n in engaging in an orchestrated campaign of ethnic \n cleansing in Darfur;\n (B) calls on the Government of Sudan to cease \n support of ethnic cleansing and the killing of innocent \n civilians, disarm the Janjaweed militias, prevent such \n militias from harassing and killing civilians, and \n ensure immediate access for all humanitarian assistance \n to all areas of Darfur;\n (C) calls on all parties to the conflict in the \n Darfur region to permit unimpeded delivery of \n humanitarian assistance directly to Darfur and to allow \n such assistance to cross directly from countries that \n border Sudan, and abide by the Darfur Humanitarian \n Cease-fire dated April 8, 2004;\n (D) calls on the Government of Sudan to provide all \n assistance possible, including release of its strategic \n food reserves to respond to the Darfur crisis;\n (E) calls on the international community, \n particularly those countries with strong economic ties \n to Sudan, to expedite the provision of humanitarian \n assistance to Darfur;\n (F) endorses the African Union Observer and \n Protection Force now deploying to the Darfur region of \n Sudan;\n (G) establishes an international commission of \n inquiry to examine the actions and accountability of \n those responsible for war crimes and crimes against \n humanity that have precipitated and perpetuated the \n humanitarian crisis in the Darfur region; and\n (H) confirms the right of all displaced Sudanese to \n return to their land under safe and secure conditions;\n (9) the United Nations should immediately deploy a United \n Nations force to Sudan to ensure an appropriate international \n humanitarian response to the catastrophe in the Darfur region;\n (10) sanctions should be imposed on the assets and \n activities of those Sudanese government officials and other \n individuals that are involved in carrying out the policy of \n ethnic cleansing in the Darfur region; and\n (11) the Government of the United States should not \n normalize relations with Sudan, including through the lifting \nof any sanctions, until the Government of Sudan agrees to and \nimplements a comprehensive peace agreement for all areas of Sudan, \nincluding Darfur.\n\nSEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.\n\n (a) Assistance for the Crisis in Darfur and for Comprehensive Peace \nin Sudan.--\n (1) In general.--The Sudan Peace Act (50 U.S.C. 1701 note) \n is amended by adding at the end the following new section:\n\n``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE \n PEACE IN SUDAN.\n\n ``(a) Assistance To Support a Comprehensive Final Peace Agreement \nand To Respond to the Humanitarian Crisis in Darfur.--\n ``(1) Authority.--Subject to the requirements of this \n section, the President is authorized to provide assistance for \n Sudan to support the implementation of a comprehensive peace \n agreement that applies to all regions of Sudan, including the \n Darfur region, and to address the humanitarian and human rights \n crisis in the Darfur region and its impact on eastern Chad.\n ``(2) Requirement for certification.--Notwithstanding \n section 501(a) of the Assistance for International Malaria \n Control Act (Public Law 106-570; 50 U.S.C. 1701 note), \n assistance authorized under this section may be provided to the \n Government of Sudan only if the President submits the \n certification described in paragraph (3).\n ``(3) Certification for the government of sudan.--The \n certification referred to in paragraph (2) is a certification \n submitted by the President to the appropriate congressional \n committees that the Government of Sudan has taken demonstrable \n steps to--\n ``(A) ensure that the armed forces of Sudan and any \n associated militias are not committing atrocities or \n obstructing human rights monitors or the provision of \n humanitarian assistance or human rights monitors;\n ``(B) demobilize and disarm militias supported or \n created by the Government of Sudan;\n ``(C) allow full and unfettered humanitarian \n assistance to all regions of Sudan, including Darfur;\n ``(D) allow an international commission of inquiry \n to conduct its investigation of atrocities in the \n Darfur region and Khartoum, preserve evidence of \n atrocities and prosecute those responsible for war \n crimes and crimes against humanity; and\n ``(E) cooperate fully with the African Union and \n all other observer and monitoring missions mandated to \n operate in Sudan.\n ``(4) Suspension of assistance.--If, on a date after the \n President submits the certification described in paragraph (3), \n the President determines that the Government of Sudan has \n ceased taking the actions described in such paragraph, the \n President shall immediately suspend the provision of any \n assistance to such Government until the date on which the \n President certifies that the Government of Sudan has resumed \n taking such actions.\n ``(5) Authorization of appropriations.--\n ``(A) In general.--There are authorized to be \n appropriated to the President to provide the assistance \n described in paragraph (1), $300,000,000 for fiscal \n year 2005, in addition to any other funds otherwise \n available for such purpose. Of such amount, \n $200,000,000 may be made available for humanitarian \n assistance in the Darfur region of Sudan and eastern \n Chad in response to the ongoing crisis, notwithstanding \n any provision of law other than the provisions of this \n section.\n ``(B) Availability.--Amounts appropriated pursuant \n to the authorization of appropriations under \n subparagraph (A) are authorized to remain available \n until expended.\n ``(b) Government of Sudan Defined.--In this section, the term \n`Government of Sudan' shall have the same meaning as such term had \nimmediately prior to the conclusion of Darfur Humanitarian Cease-fire \ndated April 8, 2004.''.\n (2) Conforming amendment.--Section 3(2) of such Act is \n amended by striking ``The'' and inserting ``Except as provided \n in section 12, the''.\n (b) Reporting Requirement.--Section 8 of the Sudan Peace Act (50 \nU.S.C. 1701 note) is amended in the first sentence by striking \n``Sudan.'' and inserting ``Sudan, including the conflict in the Darfur \nregion.''.\n\nSEC. 6. REQUIREMENT FOR REPORT.\n\n (a) Requirement.--Not later than 60 days after the date of \nenactment of this Act, the President shall submit to the appropriate \ncongressional committees a report on the planned United States response \nto a comprehensive peace agreement for Sudan.\n (b) Content.--The report required by subsection (a) shall include--\n (1) a description of the planned United States response to \n a modified peace process between the Government of Sudan and \n the SPLM that would account for the implementation of a peace \n in all regions of Sudan, in particular Darfur; and\n (2) a contingency plan for extraordinary humanitarian \n assistance should the Government of Sudan continue to obstruct \n or delay the international humanitarian response to the crisis \n in Darfur, Sudan.\n (c) Form of Report.--The report required by subsection (a) may be \nsubmitted in classified form.","summary":"Comprehensive Peace in Sudan Act - Expresses the sense of Congress respecting the crisis in the Darfur region of Sudan. Amends the Sudan Peace Act to authorize the President to assist Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is acting to: (1) ensure that the armed forces and militias are not committing atrocities or blocking assistance, (2) demobilize militias. (3) protect civilians, and (4) cooperate with aid workers and the African Union monitoring team.","title":"A bill to provide assistance for the crisis in Sudan, and for other purposes.","text_len":17993,"sum_len":782} {"bill_id":"106_hr4285","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Texas National Forests Improvement \nAct of 2000''.\n\nSEC. 2. CONVEYANCE OF ADMINISTRATIVE SITES, TEXAS NATIONAL FOREST \n SYSTEM LANDS.\n\n (a) Authority To Sell or Exchange.--The Secretary of Agriculture \nmay convey, by sale or exchange, under such terms and conditions as the \nSecretary may prescribe, any and all right, title, and interest of the \nUnited States in and to the following parcels of National Forest System \nland (including improvements thereon) located in the State of Texas:\n (1) Davy Crockett National Forest, Trinity Ranger Quarters \n #066310 (Tract K-2D), located at State Highway 94, Groveton, Texas, \n consisting of approximately 3.0 acres, as depicted on the map \n entitled ``Trinity Ranger Quarters, Tract K-2D'', dated September \n 1, 1999.\n (2) Davy Crockett National Forest quarters #066380 (Tract K-\n 604), located at 514 Devine Street, Groveton, Texas, consisting of \n approximately 0.5 acre, as depicted on the map entitled ``Davy \n Crockett National Forest Quarters, Tract K-604'', dated September \n 1, 1999.\n (3) Sabine National Forest quarters #055250 (Tract S-1391), \n located at 706 Cartwright Drive, San Augustine, Texas, consisting \n of approximately 0.5 acre, as depicted on the map entitled ``Sabine \n National Forest Quarters, Tract S-1391'', dated September 1, 1999.\n (4) Sabine National Forest quarters #055400 (Tract S-1389), \n located at 507 Planter Drive, San Augustine, Texas, consisting of \n approximately 1.5 acres, as depicted on the map entitled ``Sabine \n National Forest Quarters, Tract S-1389'', dated September 1, 1999.\n (5) Sabine National Forest quarters #077070 (Tract S-1388), \n located at State Highway 87, Hemphill, Texas, consisting of \n approximately 1.0 acre, as depicted on the map entitled ``Sabine \n National Forest Quarters, Tract S-1388'', dated September 1, 1999.\n (6) Sabine National Forest quarters #077430 (Tract S-1390), \n located at FM Road 944, Hemphill, Texas, consisting of \n approximately 2.0 acres, as depicted on the map entitled ``Sabine \n National Forest Quarters, Tract S-1390'', dated September 1, 1999.\n (7) Old Yellowpine Work Center site, within the Sabine National \n Forest, consisting of approximately 1.0 acre, as depicted on the \n map entitled ``Old Yellowpine Work Center'', dated September 1, \n 1999.\n (8) Yellowpine Work Center site, within the Sabine National \n Forest, consisting of approximately 9.0 acres, as depicted on the \n map entitled ``Yellowpine Work Center'', dated September 1, 1999.\n (9) Zavalla Work Center site, within the Angelina National \n Forest, consisting of approximately 19.0 acres, as depicted on the \n map entitled ``Zavalla Work Center'', dated September 1, 1999.\n (b) Authorized Consideration.--As consideration for a conveyance of \nland under subsection (a), the recipient of the land, with the consent \nof the Secretary, may convey to the Secretary other land, existing \nimprovements, or improvements constructed to specifications of the \nSecretary.\n (c) Applicable Law.--Except as otherwise provided in this section, \nany conveyance of land under subsection (a) shall be subject to the \nlaws and regulations applicable to the conveyance and acquisition of \nland for the National Forest System.\n (d) Cash Equalization.--Notwithstanding any other provision of law, \nthe Secretary may accept a cash equalization payment in excess of 25 \npercent of the value of any parcel of land exchanged under subsection \n(a).\n (e) Solicitation of Offers.--The Secretary may solicit offers for \nthe conveyance of land under this section on such terms and conditions \nas the Secretary may prescribe. The Secretary may reject any offer made \nunder this section if the Secretary determines that the offer is not \nadequate or not in the public interest.\n\nSEC. 3. CONVEYANCE OF TEXAS NATIONAL FOREST SYSTEM LAND TO NEW WAVERLY \n GULF COAST TRADES CENTER.\n\n (a) Conveyance Authority.--Subject to the terms and conditions \nspecified in this section, the Secretary of Agriculture may convey to \nthe New Waverly Gulf Coast Trades Center (referred to in this section \nas the ``Center''), all right, title, and interest of the United States \nin and to a parcel of real property (including improvements thereon) \nconsisting of approximately 57 acres of land located within the Sam \nHouston National Forest, Walker County, Texas, as depicted on the map \nentitled ``New Waverly Gulf Coast Trades Center'', dated September 15, \n1999. A complete legal description of the property to be conveyed shall \nbe available for public inspection at an appropriate office of the Sam \nHouston National Forest and in the Office of the Chief of the Forest \nService.\n (b) Consideration.--\n (1) Fair market value.--As consideration for the conveyance \n authorized by this section, the Center shall pay to the Secretary \n an amount equal to the fair market value of the property, as \n determined by an appraisal acceptable to the Secretary and prepared \n in accordance with the Uniform Appraisal Standards for Federal Land \n Acquisition published by the Department of Justice.\n (2) Appraisal cost.--The Center shall pay the cost of the \n appraisal of the property.\n (3) Time for payment.--The consideration determined under \n paragraph (1) shall be paid, at the option of the Center--\n (A) in full not later than 180 days after the date of \n conveyance of the property; or\n (B) in 7 equal annual installments commencing on January 1 \n of the first year beginning after the conveyance and annually \n thereafter until the total amount has been paid.\n (4) Interest.--Any payment due for the conveyance of property \n under this section shall accrue interest, beginning on the date of \n the conveyance, at an annual rate of 3 percent on the unpaid \n balance.\n (c) Release.--Subject to compliance with all Federal environmental \nlaws prior to conveyance, the Center, upon acquisition of the property \nunder this section, shall agree in writing to hold the United States \nharmless from any and all claims to the property, including all claims \nresulting from hazardous materials conveyed on the lands.\n (d) Right of Reentry.--At any time before full payment is made for \nthe conveyance of the property under this section, the conveyance shall \nbe subject to a right of reentry in the United States if the Secretary \ndetermines that--\n (1) the Center has not complied with the requirements of this \n section or the conditions prescribed by the Secretary in the deed \n of conveyance; or\n (2) the conveyed land is converted to a noneducational or for \n profit use.\n (e) Alternative Property Disposal Authority.--In the event that the \nCenter does not contract with the Secretary to acquire the property \ndescribed in this section within 18 months of the date of the enactment \nof this Act, the Secretary may dispose of the property in the manner \nprovided in section 2.\n\nSEC. 4. DISPOSITION OF FUNDS.\n\n (a) Deposit in Sisk Act Fund.--The Secretary shall deposit the \nproceeds of a sale or exchange under this Act in the fund established \nunder Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk \nAct).\n (b) Use of Proceeds.--Funds deposited under subsection (a) shall be \navailable to the Secretary, without further appropriation, for--\n (1) the acquisition, construction, or improvement of \n administrative facilities for units of the National Forest System \n in the State of Texas; or\n (2) the acquisition of lands or interests in lands in the State \n of Texas.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Makes proceeds from such conveyances available to the Secretary for: (1) acquisition, construction, or improvement of National Forest System administrative facilities in Texas, or (2) land acquisition in Texas.","title":"Texas National Forests Improvement Act of 2000","text_len":8067,"sum_len":210} {"bill_id":"111_s903","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Highway Fairness and Reform Act of \n2009''.\n\nSEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN \n LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM.\n\n (a) In General.--Chapter 1 of title 23, United States Code, is \namended by inserting after section 149 the following:\n``\u0006150. Direct Federal-aid highway program\n ``(a) In General.--Beginning with fiscal year 2011, the Secretary \nshall carry out a direct Federal-aid highway program in accordance with \nthe requirements of this section. Under the program, the Governor or \nchief executive officer of a State may elect, not less than 90 days \nbefore the beginning of the fiscal year, to have the State waive its \nright to receive amounts apportioned or allocated to it under the \nFederal-aid highway program for the fiscal year to which the election \nrelates; and to receive instead the amount determined under subsection \n(d) for that fiscal year. The election shall be made in such form and \nmanner as the Secretary may require and shall be irrevocable.\n ``(b) State Responsibility.--\n ``(1) In general.--The Secretary shall accept an election \n under subsection (a) if the Secretary determines that the \n State--\n ``(A) has an interstate maintenance program and \n agrees to maintain the interstate in accordance with \n that program;\n ``(B) submits a plan to the Secretary describing--\n ``(i) the purposes, projects, and uses to \n which amounts received under the program will \n be put; and\n ``(ii) which programmatic requirements of \n this title the State elects to continue;\n ``(C) agrees to obligate or expend amounts received \n under the program exclusively for projects that would \n be eligible for funding under section 133(b) of this \n title if the State were not participating in the \n program; and\n ``(D) agrees to report annually to the Secretary on \n the use of amounts received under the program and to \n make the report available to the public in an easily \n accessible format.\n ``(2) Safety requirements.--The Secretary may determine \n that requirements important for transportation safety continue \n to apply to a State that makes an election under subsection \n (a).\n ``(3) Surface transportation program.--A State that makes \n an election under subsection (a) shall continue to suballocate \n funds to urbanized areas and other areas using the formulae and \n rules under section 133(d)(3) of this title.\n ``(4) No limitation on use of funds.--Except as provided in \n paragraphs (1), (2), and (3), the expenditure or obligation of \n funds received by the State under the program are not subject \n to regulation under this title or title 49.\n ``(c) Effect on Pre-existing Obligations.--The making of an \nelection under subsection (a) shall not affect any obligation, \nresponsibility, or commitment of the State under this title for any \nfiscal year with respect to--\n ``(1) a project or program funded under this title (other \n than under this section); or\n ``(2) any project or program funded under this title in any \n fiscal year for which an election under subsection (a) is not \n in effect.\n ``(d) Transfers.--\n ``(1) In general.--The amount to be transferred to a State \n under the program for a fiscal year shall be the portion of the \n taxes appropriated to the Highway Trust Fund under section 9503 \n of the Internal Revenue Code of 1986, other than for the Mass \n Transit Account, for a fiscal year for which an election is in \n effect under subsection (a) that is attributable to highway \n users in that State during that fiscal year, reduced by a pro \n rata share withheld by the Secretary to fund contract authority \n for programs of the National Highway Traffic Safety \n Administration and the Federal Motor Carrier Safety \n Administration.\n ``(2) General fund amounts.--For purposes of paragraph (1), \n any amounts deposited in or credited to the Highway Trust Fund \n from the general fund of the Treasury shall be treated as if \n they were taxes appropriated to the Fund.\n ``(3) Transfers.--\n ``(A) In general.--Transfers under the program--\n ``(i) shall be made at the same time as \n deposits to the Highway Trust Fund are made by \n the Secretary of the Treasury;\n ``(ii) shall be made on the basis of \n estimates by the Secretary, in consultation \n with the Secretary of the Treasury, and proper \n adjustments shall be made in amounts \n subsequently transferred to the extent prior \n estimates were in excess of, or less than, the \n amounts required to be transferred.\n ``(B) Limitation.--An adjustment under subparagraph \n (A)(ii) to any transfer may not exceed 5 percent of the \n transferred amount to which the adjustment relates. If \n the adjustment required under subparagraph (A)(ii) \n exceeds that percentage, the excess shall be taken into \n account in making subsequent adjustments under \n subparagraph (A)(ii).\n ``(e) Application with Other Authority.--The Secretary shall \nrescind or cancel any contract authority under this chapter (and any \nobligation limitation) for a State for a fiscal year for which an \nelection by that State is in effect under subsection (a).''.\n (b) Clerical Amendment.--The chapter analysis for chapter 1 of \ntitle 23, United States Code, is amended by inserting after the item \nrelating to section 149 the following:\n\n``150. Direct Federal-aid highway program.''.","summary":"Highway Fairness and Reform Act of 2009 - Directs the Secretary of Transportation, beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program. And (2) receive instead a prorated amount of the taxes appropriated to the Highway Trust Fund which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). Requires the Secretary to accept a state's election if: (1) the state has an interstate maintenance program. (2) it submits a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue. (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding. And (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules.","title":"A bill to permit a State to elect to receive the State's contributions to the Highway Trust Fund in lieu of its Federal-aid Highway program apportionment for the next fiscal year, and for other purposes.","text_len":6389,"sum_len":1338} {"bill_id":"105_hr4590","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education Flexibility Amendments of \n1998''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) States differ substantially in demographics, in school \n governance, and in school finance and funding. The \n administrative and funding mechanisms that help schools in 1 \n State improve may not prove successful in other States.\n (2) Although the Elementary and Secondary Education Act of \n 1965 and other Federal education statutes afford flexibility to \n State and local educational agencies in implementing Federal \n programs, certain requirements of Federal education statutes or \n regulations may impede local efforts to reform and improve \n education.\n (3) By granting waivers of certain statutory and regulatory \n requirements, the Federal Government can remove impediments for \n local educational agencies in implementing educational reforms \n and raising the achievement levels of all children.\n (4) State educational agencies are closer to local school \n systems, implement statewide educational reforms with both \n Federal and State funds, and are responsible for maintaining \n accountability for local activities consistent with State \n standards and assessment systems. Therefore, State educational \n agencies are often in the best position to align waivers of \n Federal and State requirements with State and local \n initiatives.\n (5) The Education Flexibility Partnership Demonstration Act \n allows State educational agencies the flexibility to waive \n certain Federal requirements, along with related State \n requirements, but allows only 12 States to qualify for such \n waivers.\n (6) Expansion of the waiver authority under such Act will \n allow for the waiver of statutory and regulatory requirements \n that impede implementation of State and local educational \n improvement plans, or that unnecessarily burden program \n administration, while maintaining the intent and purposes of \n affected programs, and maintaining such fundamental \n requirements as those relating to civil rights, educational \n equity, and accountability.\n (7) To achieve the State goals for the education of \n children in the State, the focus must be on results in raising \n the achievement of all students, not process.\n\nSEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP \n DEMONSTRATION ACT.\n\n (a) In General.--Section 311(e) of the Goals 2000: Educate America \nAct (20 U.S.C. 5891(e)) is amended--\n (1) in paragraph (2)--\n (A) by amending subparagraph (A) to read as \n follows:\n ``(A) In general.--The Secretary may carry out an \n education flexibility demonstration program under which \n the Secretary authorizes a State educational agency \n that serves an eligible State to waive statutory or \n regulatory requirements applicable to 1 or more \n programs or Acts described in subsection (b) or 1 or \n more programs described in subpart 2 of part A of title \n III of the Elementary and Secondary Education Act of \n 1965 (except section 3136 of such Act), other than \n requirements described in subsection (c) of this Act \n and section 14401(c) of the Elementary and Secondary \n Education Act of 1965, for the State educational agency \n or any local educational agency or school within the \n State.'';\n (B) by striking subparagraph (B); and\n (C) by redesignating subparagraph (C) as \n subparagraph (B); and\n (2) in paragraph (3), by amending subparagraph (A) to read \n as follows:\n ``(A)(i) has--\n ``(I) developed a State improvement plan \n under section 306;\n ``(II) developed and implemented the \n challenging State content standards, \n challenging State student performance \n standards, and aligned assessments described in \n section 1111(b) of the Elementary and Secondary \n Education Act of 1965, including the \n requirements of that section relating to \n disaggregation of data, and for which local \n educational agencies in the State are producing \n the individual school performance profiles \n required by section 1116(a) of such Act; or\n ``(III) made substantial progress, as \n determined by the Secretary, toward developing \n and implementing the standards and assessments, \n and toward having local educational agencies in \n the State produce the profiles, described in \n subclause (I); and\n ``(ii) holds local educational agencies and schools \n accountable for meeting the educational goals described \n in the local applications submitted under paragraph \n (5), and for taking corrective actions, consistent with \n section 1116 of the Elementary and Secondary Education \n Act of 1965, for the local educational agencies that do \n not meet the goals; and''.\n (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: \nEducate America Act (20 U.S.C. 5891(e)) is amended further by adding at \nthe end the following:\n ``(8) Authority to issue waivers.--Notwithstanding any \n other provision of law, the Secretary is authorized to carry \n out the education flexibility demonstration program under this \n subsection for each of the fiscal years 1999 through 2003.''.\n (c) Accountability.--Section 311(f) of the Goals 2000: Educate \nAmerica Act (20 U.S.C. 5891(f)) is amended by adding at the end the \nfollowing: ``In the case of deciding whether to extend a State \neducational agency's authority to issue waivers under subsection (e), \nthe Secretary also shall review the progress of the State educational \nagency to determine if such agency--\n ``(1) has established procedures for increasing the \n percentage of elementary school and secondary school teachers \n in the State who have demonstrated, by traditional or \n alternative routes, the subject matter knowledge and \n pedagogical skill necessary to provide effective instruction in \n the content area or areas in which the teachers provide \n instruction; and\n ``(2) has decreased the percentage of elementary school and \n secondary school teachers teaching in high poverty elementary \n schools and secondary schools who do not demonstrate such \n knowledge and skills.''.\n (d) Transition Rules.--\n (1) Construction.--Nothing in this Act or the amendments \n made by this Act shall be construed to affect the authority of \n a State educational agency that has been granted waiver \n authority under the following provisions of law:\n (A) Section 311(e) of the Goals 2000: Educate \n America Act as such section was in effect on the day \n before the date of enactment of this Act.\n (B) The proviso referring to such section 311(e) \n under the heading ``education reform'' in the \n Department of Education Appropriations Act, 1996 \n (Public Law 104-134; 110 Stat. 1321-229).\n (2) Eligibility.--A State educational agency that has been \n granted waiver authority under a provision of law described in \n subparagraph (A) or (B) of paragraph (1) prior to the date of \n enactment of this Act shall be eligible to apply for waiver \n authority under section 311(e) of the Goals 2000: Educate \n America Act as such section is in effect on the date of \n enactment of this Act.","summary":"Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I. And (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas. And (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.","title":"Education Flexibility Amendments of 1998","text_len":8545,"sum_len":1712} {"bill_id":"105_hr3893","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Prison Work and Victim \nRestitution Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) work is inherently American and honorable;\n (2) work is of fundamental importance to any orderly \n society which reveres such common values as responsibility, \n independence, and respect for others;\n (3) in order to reduce recidivism, provide restitution to \n victims, reparations to communities, and promote the values of \n responsibility, independence, and respect for others, the \n Federal Government should enact policies which expand work, \n educational, and life skills opportunities for prisoners \n incarcerated in Federal and State penal institutions;\n (4) American taxpayers are justified to expect that \n prisoners reimburse the United States Treasury for the cost of \n their incarceration, and in addition, that prisoners should \n make monetary restitution to a fund which benefits the victims \n of crime;\n (5) prisoners should be prohibited from engaging in certain \n types of activities which are not healthy and conducive to \n their successful rehabilitation and restitution;\n (6) prisoners should not have access to certain amenities \n which are unnecessary, enhance leisure activities, or do not \n promote successful rehabilitation;\n (7) existing Federal laws limit prisoners from engaging in \n work, and do not impose mandatory work requirements for \n prisoners;\n (8) existing barriers to prisoner labor should be removed \n and Federal laws should be strengthened to ensure that \n prisoners, their victims, taxpayers, and society in general \n reap the maximum benefits and positive values associated with \n work; and\n (9) when implemented effectively, shock incarceration, or \n ``boot camp'' programs, can provide offenders with a heightened \n sense of personal responsibility, confidence, self-discipline, \n and an increased ability to make a successful return to the \n community while maximizing and fostering a safe and orderly \n work environment for corrections' personnel.\n\nSEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.\n\n (a) Work Requirement.--Section 2905 of the Crime Control Act of \n1990 (18 U.S.C. 4121 note) is amended by adding at the end of \nsubsection (a) the following: ``Subject to this section, such inmates \nshall engage in work for not less than 50 hours weekly. In addition \ninmates shall engage job-training and educational and life skills \npreparation study. In the event that opportunities otherwise provided \nby law for inmates to work are not sufficient to meet the requirements \nof the preceding sentence, notwithstanding any other provision of law, \nthe services of prisoners may also be made available to nonprofit \nentities to carry out any of their business or other functions. Each \nauthority of the United States that makes grants to nonprofit entities \nshall take appropriate action to inform such entities of the \navailability of inmates for this purpose. The Attorney General shall \nmake rules governing the provision of services by inmates to such \nentities and the payment of any wages or other compensation for such \nservices.''.\n (b) Use of Prison Labor by Private Entities.--The Attorney General \nshall, not later than one year after the date of the enactment of this \nAct, submit legislative recommendations to Congress to permit Federal \nprisoners to perform work for private employers while minimizing the \neconomic impact on the private sector of this expansion of the use of \nprison labor.\n (c) Use of Revenues From Prison Labor.--\n (1) There is established in the Treasury a Fund \n (hereinafter in this subsection referred to as the ``Fund'').\n (2) All proceeds and wages, less any taxes or withholding \n required by Federal or State law, from prison labor performed \n by inmates under the supervision of the Attorney General shall \n be placed in the Fund.\n (3) The Fund shall be used, under guidelines established by \n the Attorney General, as follows:\n (A) One third shall be used to offset the costs of \n prisoner incarceration.\n (B) One third shall be used for victim restitution.\n (C) One tenth to be held in a non-interest bearing \n account for the individual prisoner, to be paid on \n release from prison, but if the prisoner will not be \n eligible for release, then this portion shall be \n immediately available for use under subparagraph (B).\n (D) The remainder to States and local jurisdictions \n that operate correctional facilities to benefit the \n dependents of prisoners, but only to those States the \n Attorney General determines have substantially the same \n prison work requirements and prison conditions as \n established for Federal prisoners.\n\nSEC. 4. PRISON CONDITIONS.\n\n The Bureau of Prisons shall ensure that Federal prisoners--\n (1) do not possess, view, or read pornographic or sexually \n explicit materials;\n (2) are subject not less often than once each month to a \n combination of random and regularly scheduled testing for drugs \n and illegal substances;\n (3) do not possess microwave ovens, hot plates, toaster \n ovens, or televisions (unless provided by the prison for group \n viewing), or VCRs;\n (4) do not possess, or listen to, music which contains \n lyrics that are violent, sexually explicit, vulgar, glamorize \n gang membership or activities, demean women or disrespect law \n enforcement;\n (5) do not view cable television which is not educational \n in nature; and\n (6) do not engage in sexual activity.\n\nSEC. 5. REPORT ON DRUG TESTING COSTS.\n\n Not later than one year after the date of the enactment of this \nAct, the Attorney General, in consultation with the General Accounting \nOffice, shall report to Congress the then anticipated annual costs, for \neach of the 5 following fiscal years, of implementing a monthly drug \ntesting program for all Federal prisoners.\n\nSEC. 6. DRUG DETECTION DOG PROGRAM.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, the Attorney General shall establish a program \nto utilize drug detection dogs in inmate work areas, living quarters, \nand delivery areas for the purpose of detecting narcotics.\n (b) Authorization.--There is authorized to be appropriated \n$10,000,000 to carry out subsection (a).\n\nSEC. 7. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS.\n\n (a) In General.--Subparagraph (B) of section 3621(e)(2) of title \n18, United States Code, is amended to read as follows:\n ``(B) Administration of treatment programs.--The \n Attorney General shall ensure through the use of all \n appropriate and available incentives and sanctions that \n eligible prisoners undergo a program of substance abuse \n treatment.''.\n (b) Conforming Amendment.--The heading for paragraph (2) of section \n3621(e) of title 18, United States Code, is amended by striking \n``Incentive for prisoners' successful completion of treatment program'' \nand inserting ``Treatment requirement''.\n (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18, \nUnited States Code, is amended to read as follows:\n ``(ii) within 24 months of the date of \n release, or is otherwise designated by the \n Bureau of Prisons for participation in a \n residential substance abuse treatment program; \n and''.\n\nSEC. 8. BOOT CAMP REQUIREMENT.\n\n Section 4046 of title 18, United States Code, is amended--\n (1) in subsection (a)--\n (A) by striking ``may'' and inserting ``shall, \n except as provided in subsection (d),''; and\n (B) by striking ``of more than 12'' and all that \n follows through the end of such subsection and \n inserting a period;\n (2) in subsection (b), by striking ``not to exceed 6 \n months'' and inserting ``which shall be not less than 4 \n weeks''; and\n (3) by adding at the end the following:\n ``(d) An inmate who, in the judgment of the Bureau of Prisons, \neither does not successfully complete the required period of shock \nincarceration or is physically or mentally unfit to participate in the \nactivities required by shock incarceration, shall be confined to that \ninmate's cell for not less than 23 hours each day during the portion of \nthe term of imprisonment that would otherwise be spent in shock \nincarceration and shall, during the remainder of that term, be granted \nno privileges other than those required by law.''.","summary":"Common Sense Prison Work and Victim Restitution Act of 1998 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for not less than 50 hours weekly. And (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. Directs the Attorney General to submit legislative recommendations to the Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used as follows: (1) one third to offset the costs of prisoner incarceration, (2) one third for victim restitution. (3) one tenth for payment into the individual prisoner's account to be paid upon his or her release. And (4) the remainder for payments to States and local jurisdictions that operate correctional facilities with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. Directs the Bureau of Prisons to ensure that Federal prisoners: (1) do not possess, view, or read pornographic or sexually explicit materials. (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances. (3) do not possess microwave ovens, hot plates, toaster ovens, televisions , or VCRs. (4) do not possess or listen to music which contains lyrics that are violent, sexually explicit, or vulgar or that glamorize gang membership or activities, demean women, or disrespect law enforcement. (5) do not view cable television which is not educational in nature. And (6) do not engage in sexual activity. Directs the Attorney General to: (1) report to the Congress, one year after this Act's enactment date, on anticipated annual costs, for each of the five following fiscal years, of implementing a monthly drug testing program for all Federal prisoners. And (2) establish a program to utilize dogs in inmate work areas, living quarters, and delivery areas to detect narcotics . Amends Federal criminal code provisions regarding substance abuse treatment to require the Attorney General to ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment. Requires the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment, with an exception. Limits the initial portion of the term of imprisonment to four weeks. Directs that an inmate who, in the Bureau's judgment, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate, be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and, during the remainder of that term, be granted no privileges other than those required by law.","title":"Common Sense Prison Work and Victim Restitution Act of 1998","text_len":9339,"sum_len":3326} {"bill_id":"113_s1705","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Fab Lab Network Act of \n2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Scientific discoveries and technical innovations are \n critical to the economic and national security of the United \n States.\n (2) Maintaining the leadership of the United States in \n science, technology, engineering, and mathematics will require \n a diverse population with the skills, interest, and access to \n tools required to advance these fields.\n (3) Just as earlier digital revolutions in communications \n and computation provided individuals with the Internet and \n personal computers, a digital revolution in fabrication will \n allow anyone to make almost anything, anywhere.\n (4) Fab labs like the Center for Bits and Atoms at the \n Massachusetts Institute of Technology provide a model for a new \n kind of national laboratory that links local facilities for \n advanced manufacturing to expand access and empower \n communities.\n (5) A coordinated national public-private partnership will \n be the most effective way to accelerate the provision of this \n infrastructure for learning skills, developing inventions, \n creating businesses, and producing personalized products.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK.\n\n (a) Definitions.--In this section--\n (1) the term ``fab lab'' means a facility--\n (A) equipped with an integrated suite of \n fabrication tools to convert digital designs into \n functional physical things and scanning tools to \n convert physical things into digital designs; and\n (B) available for a range of individual and \n collaborative educational, commercial, creative, and \n social purposes, based on guidelines established by the \n NFLN relating to sustainable operation; and\n (2) the term ``NFLN'' means the National Fab Lab Network.\n (b) Federal Charter.--The National Fab Lab Network is a federally \ncharted nonprofit corporation, which shall facilitate the creation of a \nnational network of local fab labs and serve as a resource to assist \nstakeholders with the effective operation of fab labs.\n (c) Membership and Organization.--\n (1) In general.--Eligibility for membership in the NFLN and \n the rights and privileges of members shall be as provided in \n the constitution and bylaws of the NFLN. The Board of \n Directors, officers, and other employees of the NFLN, and their \n powers and duties, shall be provided in the bylaws of the NFLN.\n (2) Board of directors.--The Board of Directors of the NFLN \n shall include--\n (A) the Director of the Fab Foundation;\n (B) members of the manufacturing sector and \n entrepreneurial community; and\n (C) leaders in science, technology, engineering, \n and mathematics education.\n (3) Coordination.--When appropriate, the NFLN should work \n with Manufacturing Extension Partnership Centers of the \n National Institute of Standards and Technology, the Small \n Business Administration, and other agencies of the Federal \n Government to provide additional resources to fab lab users.\n (d) Functions.--The NFLN shall--\n (1) serve as the coordinating body for the creation of a \n national network of local fab labs in the United States;\n (2) provide a first point of contact for organizations and \n communities seeking to create fab labs, providing information, \n assessing suitability, advising on the lab lifecycle, and \n maintaining descriptions of prospective and operating sites;\n (3) link funders and sites with operational entities that \n can source and install fab labs, provide training, assist with \n operations, account for spending, and assess impact;\n (4) perform outreach for individuals and communities on the \n benefits available through the NFLN;\n (5) facilitate use of the NFLN in synergistic programs, \n such as workforce training, job creation, research broader \n impacts, and the production of civic infrastructure; and\n (6) offer transparency in the management, governance, and \n operation of the NFLN.\n (e) Purposes.--In carrying out its functions, the NFLN's purposes \nand goals shall be to--\n (1) create a national network of connected local fab labs \n to empower individuals and communities in the United States; \n and\n (2) foster the use of distributed digital fabrication tools \n to promote science, technology, engineering and math skills, \n increase invention and innovation, create businesses and jobs, \n and fulfill needs.\n (f) Funding.--The NFLN may accept gifts from private individuals, \ncorporations, government agencies, or other organizations.","summary":"National Fab Lab Network Act of 2013 - Grants a federal charter to the National Fab Lab Network.","title":"National Fab Lab Network Act of 2013","text_len":5230,"sum_len":96} {"bill_id":"103_hr2343","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Forest Resources Conservation and \nShortage Relief Amendments Act of 1993''.\nSEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND \nOTHER PUBLIC LANDS.\n Section 491 of the Forest Resources Conservation and Shortage Relief \nAct of 1990 (16 U.S.C. 620c) is amended--\n (1) in subsection (a)--\n (A) by striking ``(e)'' and inserting ``(g)''; and\n (B) by striking ``in the amounts specified'' and inserting \n ``as provided'';\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) by inserting ``, notwithstanding any other provision \n of law,'' after ``prohibit''; and\n (ii) by striking ``not later than 21 days after the date \n of the enactment of this Act'' and inserting ``, effective \n June 1, 1993'';\n (B) in paragraph (2)--\n (i) by striking subparagraph (A) and inserting the \n following new subparagraph:\n ``(A) The Secretary of Commerce shall issue an order \n referred to in subsection (a) to prohibit, notwithstanding any \n other provision of law, the export of unprocessed timber \n originating from public lands, effective during the period \n beginning on June 1, 1993, and ending on December 31, 1995.'';\n (ii) by striking subparagraphs (B) and (C); and\n (iii) in subparagraph (D)--\n\n (I) by redesignating such subparagraph as \n subparagraph (B); and\n (II) by striking ``total annual sales volume'' and \n inserting ``annual sales volume in that State of \n unprocessed timber originating from public lands'';\n\n (C) in paragraph (3)--\n (i) by redesignating such paragraph as paragraph (4); \n and\n (ii) by striking ``States pursuant to this title'' and \n inserting ``the Secretary of Commerce pursuant to this title \n and the effectiveness of State programs authorized under \n subsection (d)''; and\n (D) by inserting after paragraph (2) the following new \n paragraph:\n ``(3) Prohibition on substitution.--\n ``(A) Prohibition.--Subject to subparagraph (B), each order \n of the Secretary of Commerce under paragraph (1) or (2) shall \n also prohibit, notwithstanding any other provision of law, any \n person from purchasing, directly or indirectly, unprocessed \n timber originating from public lands in a State if--\n ``(i) such unprocessed timber would be used in \n substitution for exported unprocessed timber originating \n from private lands in that State; or\n ``(ii) such person has, during the preceding 24-month \n period, exported unprocessed timber originating from private \n lands in that State.\n ``(B) Exemption.--The prohibitions referred to in \n subparagraph (A) shall not apply in a State on or after the date \n on which--\n ``(i) the Governor of that State provides the Secretary \n of Commerce with notification of a prior program under \n subparagraph (C) of subsection (d)(2),\n ``(ii) the Secretary of Commerce approves a program of \n that State under subparagraph (A) of subsection (d)(2), or\n ``(iii) regulations of the Secretary of Commerce issued \n under subsection (c) to carry out this section take effect,\n whichever occurs first.'';\n (3) by redesignating subsections (e) through (j) as subsections \n (g) through (l), respectively; and\n (4) by striking subsections (c) and (d) and inserting the \n following:\n ``(c) Federal Program.--\n ``(1) Administration by the secretary of commerce.--\n ``(A) In general.--Subject to subparagraph (B), the \n Secretary of Commerce shall, as soon as possible after the date \n of the enactment of the Forest Resources Conservation and \n Shortage Relief Amendments Act of 1993--\n ``(i) determine the species, grades, and geographic \n origin of unprocessed timber to be prohibited from export in \n each State that is subject to an order issued under \n subsection (a);\n ``(ii) administer the prohibitions consistent with this \n title;\n ``(iii) ensure that the species, grades, and geographic \n origin of unprocessed timber prohibited from export within \n each State is representative of the species, grades, and \n geographic origin of timber comprising the total timber \n sales program of the State; and\n ``(iv) issue such regulations as are necessary to carry \n out this section.\n ``(B) Exemption.--The actions and regulations of the \n Secretary under subparagraph (A) shall not apply with respect to \n a State that is administering and enforcing a program under \n subsection (d).\n ``(2) Cooperation with other agencies.--The Secretary of \n Commerce is authorized to enter into agreements with Federal and \n State agencies with appropriate jurisdiction to assist the Secretary \n in carrying out this title.\n ``(d) Authorized State Programs.--\n ``(1) Authorization of new state programs.--Notwithstanding \n subsection (c), the Governor of any State may submit a program to \n the Secretary of Commerce for approval that--\n ``(A) implements, with respect to unprocessed timber \n originating from public lands in that State, the prohibition on \n exports set forth in the Secretary's order under subsection (a); \n and\n ``(B) ensures that the species, grades, and geographic \n origin of unprocessed timber prohibited from export within the \n State is representative of the species, grades, and geographic \n origin of timber comprising the total timber sales program of \n the State.\n ``(2) Approval of state programs.--\n ``(A) Program approval.--Not later than 30 days after the \n submission of a program under paragraph (1), the Secretary of \n Commerce shall approve the program unless the Secretary finds \n that the program will result in the export of unprocessed timber \n from public lands in violation of this title and publishes that \n finding in the Federal Register.\n ``(B) State program in lieu of federal program.--If the \n Secretary of Commerce approves a program submitted under \n paragraph (1), the Governor of the State for which the program \n was submitted, or such other official of that State as the \n Governor may designate, may administer and enforce the program, \n which shall apply in that State in lieu of the regulations \n issued under subsection (c).\n ``(C) Prior state programs.--Not later than 30 days after \n the date of the enactment of the Forest Resources Conservation \n and Shortage Relief Amendments Act of 1993, the Governor of any \n State that had, before May 4, 1993, issued regulations under \n this subsection as in effect before May 4, 1993, may provide the \n Secretary of Commerce with written notification that the State \n has a program that was in effect on May 3, 1993, and that meets \n the requirements of paragraph (1). Upon such notification, that \n State may administer and enforce that program in that State \n until the end of the 9-month period beginning on the date on \n which the Secretary of Commerce issues regulations under \n subsection (c), and that program shall, during the period in \n which it is so administered and enforced, apply in that State in \n lieu of the regulations issued under subsection (c). Such \n Governor may submit, with such notification, the program for \n approval by the Secretary under paragraph (1).\n ``(e) Prior Contracts.--Nothing in this section shall apply to--\n ``(1) any contract for the purchase of unprocessed timber \n originating from public lands that was entered into before--\n ``(A) September 10, 1990, with respect to States with annual \n sales volumes of 400,000,000 board feet or less; or\n ``(B) January 1, 1991, with respect to States with annual \n sales volumes greater than 400,000,000 board feet; or\n ``(2) any contract under which exports of unprocessed timber \n were permitted pursuant to an order of the Secretary of Commerce in \n effect under this section before October 23, 1992.\n ``(f) Western Red Cedar.--Nothing in this section shall be construed \nto supersede section 7(i) of the Export Administration Act of 1979 (50 \nU.S.C. App. 2406(i)).''.\n\nSEC. 3. MONITORING AND ENFORCEMENT.\n\n (a) Monitoring.--Section 492(a) of the Forest Resources Conservation \nand Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended--\n (1) in paragraph (1), by striking ``and'' at the end of the \n paragraph;\n (2) in paragraph (2), by striking the period at the end of the \n paragraph and inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(3) each person who acquires, either directly or indirectly, \n unprocessed timber originating from public lands in a State that is \n subject to an order issued by the Secretary of Commerce under \n section 491(a), other than a State that is administering and \n enforcing a program under section 491(d), shall report the receipt \n and disposition of the timber to the Secretary of Commerce, in such \n form as the Secretary may by rule prescribe, except that nothing in \n this paragraph shall be construed to hold any person responsible for \n reporting the disposition of any timber held by subsequent persons; \n and\n ``(4) each person who transfers to another person unprocessed \n timber originating from public lands in a State that is subject to \n an order issued by the Secretary of Commerce under section 491(a), \n other than a State that is administering and enforcing a program \n under section 491(d), shall, before completing the transfer--\n ``(A) provide to such other person a written notice, in such \n form as the Secretary of Commerce may prescribe, that shall \n identify the public lands from which the timber originated; and\n ``(B) receive from such other person--\n ``(i) a written acknowledgment of the notice, and\n ``(ii) a written agreement that the recipient of the \n timber will comply with the requirements of this title,\n in such form as the Secretary of Commerce may prescribe; and\n ``(C) provide to the Secretary of Commerce copies of all \n notices, acknowledgments, and agreements referred to in \n subparagraphs (A) and (B).''.\n (b) Civil Penalties.--Section 492(c) of the Forest Resources \nConservation and Shortage Relief Act of 1990 is amended--\n (1) in paragraph (1)--\n (A) by inserting ``(A)'' before ``If the Secretary''; and\n (B) by adding at the end the following:\n ``(B)(i) Subject to clause (ii), if the Secretary of Commerce \n finds, on the record and after an opportunity for a hearing, that a \n person, with willful disregard for the restrictions contained in an \n order of the Secretary under section 491(a) on exports of \n unprocessed timber from public lands, exported or caused to be \n exported unprocessed timber originating from public lands in \n violation of such order, the Secretary may assess against such \n person a civil penalty of not more than $500,000 for each violation, \n or 3 times the gross value of the unprocessed timber involved in the \n violation, whichever amount is greater.\n ``(ii) Clause (i) shall not apply with respect to exports of \n unprocessed timber originating from public lands in a State that is \n administering and enforcing a program under section 491(d).''; and\n (2) in paragraph (2)--\n (A) by redesignating subparagraphs (A), (B), and (C) as \n clauses (i), (ii), and (iii), respectively;\n (B) by inserting ``(A)'' before ``If the Secretary''; and\n (C) by adding at the end the following:\n ``(B)(i) Subject to clause (ii), if the Secretary of Commerce \n finds, on the record and after an opportunity for a hearing, that a \n person has violated, on or after June 1, 1993, any provision of this \n title or any regulation issued under this title relating to the \n export of unprocessed timber originating from public lands (whether \n or not the violation caused the export of unprocessed timber from \n public lands in violation of this title), the Secretary may assess \n against such person a civil penalty to the same extent as the \n Secretary concerned may impose a penalty under clause (i), (ii), or \n (iii) of subparagraph (A).\n ``(ii) Clause (i) shall not apply with respect to unprocessed \n timber originating from public lands in a State that is \n administering and enforcing a program under section 491(d).''.\n\nSEC. 4. SEVERABILITY.\n\n If any provision of this Act or the amendments made by this Act, or \nthe application thereof to any person or circumstance is held invalid, \nthe remainder of this Act and such amendments and the application of \nsuch provision to other persons not similarly situated or to other \ncircumstances shall not be affected by such invalidation.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber. And (2) administer such prohibitions. Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one. Establishes civil penalties for violations of this Act.","title":"Forest Resources Conservation and Shortage Relief Amendments Act of 1993","text_len":14126,"sum_len":559} {"bill_id":"109_hr813","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flu Protection Act of 2005''.\n\n TITLE I--FLU VACCINE AWARENESS CAMPAIGN\n\nSEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS.\n\n ``(a) Campaign.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention (in this section referred to \nas the `Director'), shall conduct a public awareness campaign and \neducation and outreach efforts each year during the time period \npreceding the influenza season on each of the following:\n ``(1) The importance of receiving the influenza vaccine.\n ``(2) Which populations the Director recommends to receive \n the influenza vaccine to prevent health complications \n associated with influenza, including health care workers and \n household contacts.\n ``(3) Professional medical education of physicians, nurses, \n pharmacists, and other health care providers and such \n providers' associated organizations.\n ``(4) Information that emphasizes the safety and benefit of \n recommended vaccines for the public good.\n ``(b) Outreach to Medicare Recipients.--\n ``(1) In general.--The Administrator of the Centers for \n Medicare & Medicaid Services shall, at the earliest possible \n time in the influenza vaccine planning and production process, \n reach out to providers of medicare services, including managed \n care providers, nursing homes, hospitals, and physician offices \n to urge early and full preordering of the influenza vaccine so \n that production levels can accommodate the needs for the \n influenza vaccine.\n ``(2) Rates of immunization among medicare recipients.--The \n Director shall work with the Administrator of the Centers for \n Medicare & Medicaid Services to publish the rates of influenza \n immunization among individuals receiving assistance under the \n medicare program under title XVIII of the Social Security Act \n (42 U.S.C. 1395 et seq.).\n ``(c) State and Public Health Adult Immunization Activities.--The \nDirector shall support the development of State adult immunization \nprograms that place emphasis on improving influenza vaccine delivery to \nhigh-risk populations and the general population, including the \nexploration of improving access to the influenza vaccine.\n ``(d) Efficacy of Vaccine.--The Director shall work with \nappropriate agencies in conducting a study to assess the efficacy of \nthe influenza vaccine.\n ``(e) Existing Modes of Communication.--In carrying out the public \nawareness campaign and education and outreach efforts under subsections \n(a) and (b), the Director may use existing websites or structures for \ncommunication.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $10,000,000 for each of fiscal \nyears 2005 through 2009.''.\n\n TITLE II--ENCOURAGING VACCINE PRODUCTION CAPACITY\n\nSEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING \n FACILITIES.\n\n (a) Vaccine Manufacturing Facilities Investment Tax Credit.--\n (1) Allowance of credit.--Section 46 of the Internal \n Revenue Code of 1986 (relating to amount of investment credit) \n is amended by striking ``and'' at the end of paragraph (1), by \n striking the period at the end of paragraph (2) and inserting \n ``, and'', and by adding at the end the following new \n paragraph:\n ``(3) the vaccine manufacturing facilities investment \n credit.''.\n (2) Amount of credit.--Subpart E of part IV of subchapter A \n of chapter 1 of such Code (relating to rules for computing \n investment credit) is amended by inserting after section 48 the \n following new section:\n\n``SEC. 48A. VACCINE MANUFACTURING FACILITIES CREDIT.\n\n ``(a) In General.--For purposes of section 46, the vaccine \nmanufacturing facilities investment credit for any taxable year is an \namount equal to 20 percent of the qualified investment for such taxable \nyear.\n ``(b) Qualified Investment.--\n ``(1) In general.--For purposes of subsection (a), the \n qualified investment for any taxable year is the basis of each \n vaccine manufacturing facilities property placed in service by \n the taxpayer during such taxable year.\n ``(2) Vaccine manufacturing facilities property.--For \n purposes of this section, the term `vaccine manufacturing \n facilities property' means real and tangible personal \n property--\n ``(A)(i) the original use of which commences with \n the taxpayer, or\n ``(ii) which is acquired through purchase (as \n defined by section 179(d)(2)),\n ``(B) which is depreciable under section 167,\n ``(C) which is used for the manufacture, \n distribution, or research and development of vaccines, \n and\n ``(D) which is in compliance with any standards and \n regulations which are promulgated by the Food and Drug \n Administration, the Occupational Safety and Health \n Administration, or the Environmental Protection Agency \n and which are applicable to such property.\n ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules \nsimilar to rules of subsections (c)(4) and (d) of section 46 (as in \neffect on the day before the date of the enactment of the Revenue \nReconciliation Act of 1990) shall apply for purposes of this \nsubsection.\n ``(d) Termination.--This subsection shall not apply to any property \nplaced in service after December 31, 2009.''.\n (b) Technical Amendments.--\n (1) Clause (iii) of section 49(a)(1)(C) of such Code is \n amended to read as follows:\n ``(iii) the basis of any vaccine \n manufacturing facilities property.''.\n (2) Subparagraph (E) of section 50(a)(2) of such Code is \n amended by inserting ``or 48A(c)'' before the period.\n (3) The table of sections for subpart E of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 48 the following:\n\n``48A. Vaccine manufacturing facilities credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2004, under \nrules similar to the rules of section 48(m) of the Internal Revenue \nCode of 1986 (as in effect on the day before the date of enactment of \nthe Revenue Reconciliation Act of 1990).\n\n TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY\n\nSEC. 301. VACCINE SUPPLY.\n\n Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et \nseq.) is amended by adding at the end the following:\n\n ``Subtitle 3--Influenza Vaccine\n\n ``vaccine supply\n\n ``Sec. 2141. (a) Requests for More Doses.--\n ``(1) In general.--Not later than March 15 of each year, \n the Secretary shall enter into contracts with manufacturers to \n produce such additional doses of the influenza vaccine as \n determined necessary by the Secretary.\n ``(2) Content of contract.--A contract for additional doses \n shall provide that the manufacturer will be compensated by the \n Secretary at an equitable rate negotiated by the Secretary and \n the manufacturer for any doses that--\n ``(A) were not sold by the manufacturer through \n routine market mechanisms at the end of the influenza \n season for that year; and\n ``(B) were requested by the Secretary to be \n produced by such manufacturer.\n ``(3) When such vaccine purchases should take place.--The \n Secretary may purchase from the manufacturer the doses for \n which it has contracted at any time after which it is \n determined by the Secretary, in consultation with the \n manufacturer, that the doses will likely not be absorbed by the \n private market.\n ``(b) Contingency Plan.--The Secretary shall encourage States to \ndevelop a contingency plan, in coordination with the Department of \nHealth and Human Services, for maximizing influenza immunization for \nhigh-risk populations in the event of a delay or shortage of the \ninfluenza vaccine.\n ``(c) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be \nnecessary.''.\n\n TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC\n\nSEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC.\n\n Subtitle 3 of title XXI of the Public Health Service Act, as added \nby section 301, is amended by adding at the end the following:\n\n ``preparation for influenza pandemic or epidemic\n\n ``Sec. 2142. (a) Establishment of a Protocol.--The Secretary, \nacting through the Director of the National Vaccine Program (referred \nto in this section as the `Director of the Program'), shall continue \nprogress on the pandemic preparedness plan and, in consultation with \nthe Director of the Centers for Disease Control and Prevention, \nestablish a protocol to attempt to prevent, prepare for, and respond to \nan influenza pandemic or epidemic. Such protocol shall be updated as \ndetermined appropriate by the Director of the Program.\n ``(b) Contents of Protocol.--The protocol established under \nsubsection (a) shall--\n ``(1) improve upon the current influenza vaccines and \n production and dissemination methods; and\n ``(2) address--\n ``(A) methods to coordinate dissemination of the \n influenza vaccine to key populations in the event of an \n influenza pandemic or epidemic;\n ``(B) expansion of influenza vaccine manufacturing \n capacity (including making advance arrangements for \n ensuring the availability of raw materials) to respond \n to the needs of the United States during an influenza \n pandemic or epidemic;\n ``(C) alternative ways to manufacture or produce \n the influenza vaccine;\n ``(D) alternative methods to prevent the spread of, \n and complications associated with, influenza, including \n antiviral medications;\n ``(E) vaccine manufacturing capacity, production, \n and dissemination to improve preparedness for immediate \n pandemic threats, which may include avian influenza;\n ``(F) a tracking method for publicly and privately \n sold doses of the influenza vaccine to enable the \n Director of the Program to determine, after \n consultation with manufacturers of the influenza \n vaccine, how much supply is in circulation in the case \n of an influenza pandemic or epidemic; and\n ``(G) other issues determined by the Director of \n the Program to be appropriate.\n ``(c) Coordination; Preparation; Prevention.--In establishing the \nprotocol under subsection (a), the Director of the Program shall--\n ``(1) coordinate with health care providers, manufacturers, \n research institutions, health care organizations, and other \n expert stakeholders;\n ``(2) continue building international and national \n surveillance capacity;\n ``(3) continue to engage in epidemiological studies and \n research on novel influenza viruses; and\n ``(4) assist States with preparedness activities for a \n rapid State and local response to an influenza pandemic, \n including exploring methods of making the influenza vaccine \n more accessible to the general population.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $150,000,000 for each of fiscal \nyears 2005 through 2009.''.","summary":"Flu Protection Act of 2005 - Amends the Public Health Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, annually, a public influenza awareness campaign and education and outreach efforts preceding the flu season. Requires the Administrator of the Centers for Medicare Medicaid Services to urge early and full preordering of the influenza vaccine by Medicare providers. Requires the Director to: (1) work with the Administrator to publish influenza immunization rates among Medicare recipients. (2) support the development of State adult immunization programs that emphasize improving influenza vaccine delivery to high-risk populations and the general population. And (3) work with appropriate agencies to assess the efficacy of the influenza vaccine. Amends the Internal Revenue Code to establish a vaccine manufacturing facilities investment tax credit for property placed in service by December 31, 2009. Requires the Secretary to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine. And (2) encourage States to develop a contingency plan for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the vaccine. Requires the Secretary, acting through the Director of the National Vaccine Program, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic.","title":"To amend the Public Health Service Act to provide for an influenza vaccine awareness campaign, ensure a sufficient influenza vaccine supply, and prepare for an influenza pandemic or epidemic, to amend the Internal Revenue Code of 1986 to encourage vaccine production capacity, and for other purposes.","text_len":12591,"sum_len":1503} {"bill_id":"113_hr1499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Disaster-Affected Homeowners \nNotification Act of 2013''.\n\nSEC. 2. REQUIREMENT TO NOTIFY AFFECTED HOMEOWNERS OF MORTGAGE RELIEF.\n\n (a) Requirement.--If, in connection with any major disaster \ndeclared pursuant to section 401 of the Robert T. Stafford Disaster \nRelief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary of \nHousing and Urban Development, the Director of the Federal Housing \nFinance Agency, the Federal National Mortgage Association, or the \nFederal Home Loan Mortgage Corporation makes available forbearance \nrelief with respect to any covered mortgage, or any such agency head or \nenterprise issues any notice or guidelines to mortgagees or servicers \nrecommending or requiring such relief, the applicable agency head \nshall--\n (1) provide, to each mortgagor under a covered mortgage, \n direct notification in accordance with subsection (b) of such \n relief made available, required, or recommended; and\n (2) provide, for areas subject to such disaster \n declaration, community-wide notification in accordance with the \n guidelines issued under subsection (c) of such relief made \n available, required, or recommended.\n (b) Direct Notification.--Direct notification in accordance with \nthis subsection is notification to the mortgagor under a covered \nmortgage--\n (1)(A) made by a telephone call to the mortgagor or by mail \n to the residence subject to the mortgage; and\n (B) by such other method of direct contact as may be \n provided in the guidelines issued pursuant to subsection (e); \n and\n (2) that clearly informs the mortgagor--\n (A) that the mortgage is a covered mortgage;\n (B) of the forbearance relief made available, \n required, or recommended;\n (C) of any moratorium on foreclosure with respect \n to covered mortgages; and\n (D) of how to obtain more information regarding \n such relief.\n (c) Community-Wide Notification and Awareness Measures.--The \napplicable agency heads shall, pursuant to subsection (e), issue \nguidelines regarding measures designed to provide notice and awareness \nof any forbearance relief made available, required, or recommended in \nconnection with a major disaster throughout the areas subject to such \ndisaster declaration. Such guidelines may include requirements \nregarding the types of notification measures, such as town hall \nmeetings, public service announcements, public advertisements and the \ntypes of media used to convey such advertisements, and flyers and other \ncommunity notices.\n (d) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Applicable agency head.--The term ``applicable agency \n head'' means--\n (A) the Secretary, with respect to a covered \n mortgage described in paragraph (2)(B)(i); and\n (B) the Director, with respect to a covered \n mortgage described in paragraph (2)(B)(ii).\n (2) Covered mortgage.--The term ``covered mortgage'' means, \n with respect to any major disaster declared pursuant to section \n 401 of the Robert T. Stafford Disaster Relief and Emergency \n Assistance Act (42 U.S.C. 5170), a mortgage--\n (A) that is secured by a one- to four-family \n dwelling that--\n (i) is the principal residence of the \n mortgagor; and\n (ii) is located within an area for which \n such major disaster was declared; and\n (B) that is--\n (i) insured under title II of the National \n Housing Act (12 U.S.C. 1707 et seq.); or\n (ii) owned or guaranteed by the Federal \n National Mortgage Association or the Federal \n Home Loan Mortgage Corporation.\n Any delinquency or default under a mortgage shall not \n affect the status of such mortgage as a covered \n mortgage.\n (3) Director.--The term ``Director'' means the Director of \n the Federal Housing Finance Agency.\n (4) Forbearance relief.--The term ``forbearance relief'' \n means, with respect to a mortgage, any suspension or reduction \n of payments due under the mortgage, in any form and to any \n extent.\n (5) Mortgagee.--The term ``mortgagee'' means, with respect \n to a covered mortgage, the original lender under the mortgage \n and any affiliates, agents, subsidiaries, successors, or \n assignees of such lender, any subsequent purchaser, trustee, or \n transferee of the mortgage or credit instrument issued by such \n lender.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (e) Guidelines.--Not later than the expiration of the 30-day period \nbeginning on the date of the enactment of this Act, the Secretary and \nthe Director shall jointly issue guidelines to carry out this section.\n (f) Applicability.--This Act shall apply with respect to any major \ndisaster declared pursuant to section 401 of the Robert T. Stafford \nDisaster Relief and Emergency Assistance Act in connection with \nHurricane Sandy and any major disaster declared thereafter.","summary":"Disaster-Affected Homeowners Notification Act of 2013 - Requires certain notifications if, in connection with any major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Secretary of Housing and Urban Development (HUD), the Director of the Federal Housing Agency, the Federal National Mortgage Association , or the Federal Home Loan Mortgage Corporation makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief. Directs the applicable agency head to provide: (1) to each mortgagor under a covered mortgage direct notification of the forbearance relief made available, required, or recommended. And (2) for areas subject to such disaster declaration, community-wide notification of such relief. Directs the applicable agency heads to issue guidelines regarding measures designed to provide notice and awareness of forbearance relief.","title":"Disaster-Affected Homeowners Notification Act of 2013","text_len":5645,"sum_len":1036} {"bill_id":"114_hr5638","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Solar Fuels Innovation Act''.\n\nSEC. 2. SOLAR FUELS BASIC RESEARCH INITIATIVE.\n\n (a) Amendment.--Section 973 of the Energy Policy Act of 2005 (42 \nU.S.C. 16313) is amended to read as follows:\n\n``SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE.\n\n ``(a) Initiative.--\n ``(1) In general.--The Secretary shall carry out a research \n initiative, to be known as the Solar Fuels Basic Research \n Initiative, to expand theoretical and fundamental knowledge of \n photochemistry, electrochemistry, biochemistry, and materials \n science useful for the practical development of experimental \n systems to convert solar energy to chemical energy.\n ``(2) Leveraging.--The Secretary shall leverage expertise \n and resources from the Basic Energy Sciences Program and \n Biological and Environmental Research Program within the Office \n of Science, and the Office of Energy Efficiency and Renewable \n Energy, as provided under subsections (b) and (c).\n ``(3) Teams.--The Secretary shall organize activities under \n the Solar Fuels Basic Research Initiative to include \n multidisciplinary teams leveraging expertise from the National \n Laboratories, universities, and the private sector to the \n extent practicable. These multidisciplinary teams shall pursue \n aggressive, milestone-driven basic research goals. The \n Secretary shall provide sufficient resources for those teams to \n achieve those goals over a period of time to be determined by \n the Secretary.\n ``(4) Additional activities.--The Secretary is authorized \n to organize additional activities under this subsection through \n Energy Frontier Research Centers, Energy Innovation Hubs, or \n other organizational structures.\n ``(b) Artificial Photosynthesis.--\n ``(1) In general.--The Secretary shall, as part of the \n Solar Fuels Basic Research Initiative, carry out a program to \n support research needed to bridge scientific barriers and \n discover knowledge relevant to artificial photosynthetic \n systems. In carrying out activities under this subsection, the \n Director of the Office of Basic Energy Sciences shall support \n basic research to pursue distinct lines of scientific inquiry, \n including photoinduced production of hydrogen and oxygen from \n water, and the sustainable photoinduced reduction of carbon \n dioxide to fuel products including hydrocarbons, alcohols, \n carbon monoxide, and natural gas. The Assistant Secretary for \n Energy Efficiency and Renewable Energy shall support \n translational research, development, and validation of physical \n concepts developed under this subsection.\n ``(2) Standard of review.--The Secretary shall review the \n program activities under this subsection to determine the \n achievement of technical milestones.\n ``(3) Authorization of appropriations.--\n ``(A) Authorization.--Subject to subsection (d), \n there are authorized for carrying out activities under \n this subsection for each of fiscal years 2017 through \n 2020--\n ``(i) $50,000,000 from funds within the \n Basic Energy Sciences Program account; and\n ``(ii) $25,000,000 from funds within the \n Energy Efficiency and Renewable Energy account.\n ``(B) Prohibition.--No funds authorized under this \n subsection may be obligated or expended for commercial \n application of energy technology.\n ``(c) Biochemistry, Replication of Natural Photosynthesis, and \nRelated Processes.--\n ``(1) In general.--The Secretary shall, as part of the \n Solar Fuels Basic Research Initiative, carry out a program to \n support research needed to replicate natural photosynthetic \n processes by use of artificial photosynthetic components and \n materials. In carrying out activities under this subsection, \n the Director of the Office of Basic Energy Sciences shall \n support basic research to expand fundamental knowledge to \n replicate natural synthesis processes, including the \n photoinduced reduction of dinitrogen to ammonia, absorption of \n carbon dioxide from ambient air, molecular-based charge \n separation and storage, photoinitiated electron transfer, and \n catalysis in biological or biomimetic systems. The Associate \n Director of Biological and Environmental Research shall support \n systems biology and genomics approaches to understand genetic \n and physiological pathways connected to photosynthetic \n mechanisms. The Assistant Secretary for Energy Efficiency and \n Renewable Energy shall support translational research, \n development, and validation of physical concepts developed \n under this subsection.\n ``(2) Standard of review.--The Secretary shall review the \n program activities under this subsection to determine the \n achievement of technical milestones.\n ``(3) Authorization of appropriations.--\n ``(A) Authorization.--Subject to subsection (d), \n there are authorized for carrying out activities under \n this subsection for each of fiscal years 2017 through \n 2020--\n ``(i) $50,000,000 from funds within the \n Basic Energy Sciences Program and Biological \n and Environmental Research Program accounts; \n and\n ``(ii) $25,000,000 from funds within the \n Energy Efficiency and Renewable Energy account.\n ``(B) Prohibition.--No funds authorized under this \n subsection may be obligated or expended for commercial \n application of energy technology.\n ``(d) Funding.--No additional funds are authorized to be \nappropriated under this section. This section shall be carried out \nusing funds otherwise authorized by law.''.\n (b) Table of Contents Amendment.--The item relating to section 973 \nin the table of contents of such Act is amended to read as follows:\n\n``Sec. 973. Solar Fuels Basic Research Initiative.''.\n\n Passed the House of Representatives July 11, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Solar Fuels Innovation Act This bill amends the Energy Policy Act of 2005 by requiring the Department of Energy (DOE) to carry out the Solar Fuels Basic Research Initiative to expand scientific knowledge about converting solar energy into chemical energy. Specifically, DOE must support research about: (1) replicating natural photosynthetic processes in artificial photosynthesis processes, and (2) generating a variety of fuels produced from sunlight through artificial photosynthesis. Appropriations authorized under the bill may not be obligated or expended for commercial application of energy technology. The bill repeals a requirement for DOE to support a research and development program in catalysis science .","title":"Solar Fuels Innovation Act","text_len":6839,"sum_len":718} {"bill_id":"106_hr5132","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Comprehensive Hepatitis C \nHealth Care Act''.\n\nSEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT \n PROGRAM FOR VETERANS.\n\n (a) In General.--(1) Chapter 17 of title 38, United States Code, is \namended by inserting after section 1720E the following new section:\n``Sec. 1720F. Hepatitis C testing and treatment\n ``(a)(1) During the first year after the date of the enactment of \nthis section, the Secretary shall provide a blood test for the \nHepatitis C virus to--\n ``(A) each veteran who served in the active military, \n naval, or air service during the Vietnam era and is enrolled to \n receive care under section 1710 of this title who requests the \n test or is otherwise receiving a physical examination or any \n care or treatment from the Secretary; and\n ``(B) to any other veteran who requests the test.\n ``(2) After the end of the one-year period referred to in paragraph \n(1), the Secretary shall provide a blood test for the Hepatitis C virus \nto any veteran who presents one or more risk factors for that virus and \nwho requests the test.\n ``(b) In the case of any veteran who tests positive for the \nHepatitis C virus, the Secretary shall provide an appropriate treatment \nprotocol for that veteran. Treatment shall be provided under this \nsubsection without regard to whether the Hepatitis C virus is \ndetermined to be service-connected and without regard to priority group \ncategorization of the veteran. No copayment may be charged for \ntreatment under this subsection.\n ``(c) In the case of any veteran who tests positive for the \nHepatitis C virus, the Secretary shall, upon request, perform a liver \nbiopsy on the veteran as a follow-up test.\n ``(d) In the case of any veteran who tests positive for the \nHepatitis C virus, the Secretary shall, upon request, provide a \nHepatitis C virus genotype test before beginning treatment of the \nveteran under subsection (b).\n ``(e)(1) The Secretary shall require that each Department medical \ncenter employ at least one full-time gastroenterologist or hepatologist \nto conduct tests for the Hepatitis C virus under this section.\n ``(2) The Secretary shall, to the extent practicable, ensure that \neach Department medical center has at least one staff member assigned \nto work, in coordination with Hepatitis C medical personnel, to \ncoordinate treatment options for Hepatitis C patients and provide \ninformation for those patients. Such a staff member should preferably \nbe trained in psychology or psychiatry or be a social worker.\n ``(3) In order to improve treatment provided to veterans with the \nHepatitis C virus, the Secretary shall provide increased training \noptions to Department health care personnel.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1720E the following new item:\n\n``1720F. Hepatitis C testing and treatment.''.\n\nSEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS \n AFFAIRS.\n\n (a) Program Account.--Beginning with fiscal year 2001, amounts \nappropriated for the Department of Veterans Affairs for Hepatitis C \ndetection and treatment shall be provided, within the ``Medical Care'' \naccount, through the ``Specific Purpose'' subaccount, rather than the \n``VERA'' subaccount.\n (b) Allocation of Funds to VISNs.--In allocating funds appropriated \nfor the Department of Veterans Affairs for the ``Medical Care'' account \nto the Veterans Integrated Service Networks, the Secretary of Veterans \nAffairs shall allocate funds for detection and treatment of the \nHepatitis C virus based upon incidence rates of that virus among \nveterans (rather than based upon the overall population of veterans) in \neach such network.\n (c) Limitation on Use of Funds.--Amounts appropriated for the \nDepartment of Veterans Affairs for Hepatitis C detection and treatment \nthrough the ``Specific Purpose'' subaccount may not be used for any \nother purpose.\n\nSEC. 4. NATIONAL POLICY.\n\n (a) Standardized Nationwide Policy.--The Secretary of Veterans \nAffairs shall develop and implement a standardized policy to be applied \nthroughout the Department of Veterans Affairs health care system with \nrespect to the Hepatitis C virus. The policy shall include the testing \nprotocol for the Hepatitis C virus, treatment options, education and \nnotification efforts, and establishment of a specific Hepatitis C \ndiagnosis code for measurement and treatment purposes.\n (b) Outreach.--The Secretary shall, on an annual basis, take \nappropriate actions to notify veterans who have not been tested for the \nHepatitis C virus of the need for such testing and the availability of \nsuch testing from the Department of Veterans Affairs.\n\nSEC. 5. HEPATITIS C CENTERS OF EXCELLENCE.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall \nestablish at least one, and not more than three, Hepatitis C centers of \nexcellence. Each such center shall be established at a Department of \nVeterans Affairs medical center in one of the five geographic service \nareas (known as a Veterans Integrated Service Network) with the highest \ncase rate of Hepatitis C in fiscal year 1999.\n (b) Funding.--Funding for the centers established under subsection \n(a) shall be provided from amounts available to the Central Office of \nthe Department of Veterans Affairs and shall be in addition to amounts \nallocated for Hepatitis C pursuant to section 3.","summary":"Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2001. Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus. And (2) annually take appropriate outreach actions to notify untested veterans. Directs the Secretary to establish at least one and no more than three Hepatitis C centers of excellence within the Department health care network. Provides centers' funding.","title":"Veterans Comprehensive Hepatitis C Health Care Act","text_len":5608,"sum_len":469} {"bill_id":"106_s2574","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workers' Rights Principles for \nUnited States Businesses in China Act''.\n\nSEC. 2. STATEMENT OF PRINCIPLES.\n\n (a) Purpose.--It is the purpose of this Act to establish principles \non workers' rights for United States companies that do business in the \nPeople's Republic of China and in Tibet.\n (b) Principles.--It is the sense of Congress that any United States \ncompany doing business in the People's Republic of China or Tibet \nshall, within its facilities and those of its suppliers in the People's \nRepublic of China or Tibet, do the following:\n (1) Prohibit the manufacture of goods or products by bonded \n labor or forced labor within prison camps or as part of reform-\n through-labor or reeducation-through-labor programs.\n (2) Provide wages that meet workers' basic needs and \n provide fair and decent working hours, including at a minimum, \n adhering to the wage and hour guidelines under the national \n labor laws and policies of the People's Republic of China.\n (3) Use production methods that do not negatively affect \n the occupational safety and health of workers.\n (4) Prohibit the use of corporal punishment, as well as any \n physical, sexual, or verbal abuse or harassment, of workers.\n (5) Refrain from seeking police or military intervention to \n prevent workers from exercising their rights.\n (6) Promote the following freedoms among their employees \n and the employees of their suppliers: freedom of association \n and assembly (including the right to form unions and to bargain \n collectively); freedom of expression; and freedom from \n arbitrary arrest or detention.\n (7) Prohibit discrimination in hiring, remuneration, or \n promotion based on age, gender, marital status, pregnancy, \n ethnicity, or region of origin.\n (8) Prohibit discrimination in hiring, remuneration, or \n promotion based on labor, political, or religious activity, on \n involvement in demonstrations, past records of arrests or \n internal exile for peaceful protest, or on membership in \n organizations committed to nonviolent social or political \n change.\n (9) Use environmentally responsible methods of production \n that have minimal adverse impact on land, air, and water \n quality.\n (10) Prohibit child labor, including at a minimum, \n complying with guidelines on minimum age for employment under \n the national labor laws of the People's Republic of China.\n (c) Promotion of Principles by Other Nations.--The Secretary of \nState shall forward a copy of the principles set forth in subsection \n(b) to each member nation of the Organization for Economic Cooperation \nand Development and encourage such nation to promote principles similar \nto such principles.\n\nSEC. 3. REGISTRATION REQUIREMENT.\n\n (a) Requirement.--\n (1) In general.--Each United States company conducting \n business in the People's Republic of China or Tibet shall \n register with the Secretary of State and indicate whether such \n company agrees to implement the principles set forth in section \n 2(b).\n (2) Prohibition on fee.--No fee shall be required for \n purposes of registration under paragraph (1).\n (b) Effective Date.--Subsection (a) shall take effect 180 days \nafter the date of the enactment of this Act.\n\nSEC. 4. REPORTING REQUIREMENTS.\n\n (a) Reports by United States Companies.--\n (1) In general.--Each United States company conducting \n business in the People's Republic of China or Tibet shall \n submit to the Secretary of State a report describing such \n company's adherence to the principles set forth in section 2(b) \n during the one-year period ending on the date of such report.\n (2) Form.--The report shall be submitted on a form \n furnished by the Secretary.\n (3) Submittal dates.--A United States company shall submit \n the report required by paragraph (1) not later than one year \n after the date on which the company registers under section 3 \n and annually thereafter.\n (b) Review of Reports.--\n (1) In general.--The Secretary shall review each report \n submitted under subsection (a) to determine whether the United \n States company submitting such report is adhering to the \n principles set forth in section 2(b).\n (2) Additional information.--The Secretary may request \n additional information from a United States company for \n purposes of the review of its report under this subsection, and \n may use other sources of information to verify the information \n contained in such report.\n (c) Annual Report.--Not later than two years after the date of the \nenactment of this Act, and annually thereafter, the Secretary shall \nsubmit to Congress and to the Secretariat of the Organization for \nEconomic Cooperation and Development a report assessing the adherence \nof United States companies subject to the reporting requirement in \nsubsection (a) to the principles set forth in section 2(b). Each report \nshall cover the one-year period ending on the date of such report.\n\nSEC. 5. EXPORT MARKETING SUPPORT.\n\n (a) Support.--A department or agency of the United States \nGovernment may intercede with a foreign government or foreign national \nregarding export marketing activity in the People's Republic of China \nor Tibet on behalf of a United States company subject to the reporting \nrequirement in section 4(a) only if the United States company adheres \nto the principles set forth in section 2(b).\n (b) Effective Date.--Subsection (a) shall take effect two years \nafter the date of the enactment of this Act.\n\nSEC. 6. ANNUAL PUBLIC HEARING ON ADHERENCE OF UNITED STATES COMPANIES \n TO PRINCIPLES.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, and annually thereafter, the Secretary of State \nshall conduct a public hearing on the adherence of United States \ncompanies doing business in the People's Republic of China or Tibet to \nthe principles set forth in section 2(b).\n (b) Hearing Requirements.--The Secretary shall conduct each hearing \nunder subsection (a) in an appropriate forum and in a manner intended \nto facilitate widespread public participation in the hearing.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Adhere.--The terms ``adhere to'', ``adhering to'', and \n ``adherence to'', in the case of the principles set forth in \n section 2(b), mean--\n (A) agreeing to implement the principles;\n (B) implementing the principles by taking good \n faith measures with respect to each principle; and\n (C) reporting accurately to the Secretary of State \n on the measures taken to implement the principles.\n (2) Intercede with a foreign government or foreign \n national.--\n (A) In general.--The term ``intercede with a \n foreign government or foreign national'' includes any \n contact by an officer or employee of the United States \n with officials of any foreign government or foreign \n national involving or contemplating any effort to \n assist in selling a good, service, or technology in the \n People's Republic of China or Tibet.\n (B) Exclusion.--The term does not include \n multilateral or bilateral government-to-government \n trade negotiations intended to resolve trade issues \n which may affect United States parent companies which \n do not adhere to the principles set forth in section \n 2(b).\n (3) Organized under the laws of the united states.--The \n term ``organized under the laws of the United States'' means \n organized under the laws of the United States, any State of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, the Commonwealth of the Northern Mariana Islands, \n or any other territory or possession of the United States.\n (4) United states company.--The term ``United States \n company'' means a corporation, partnership, or other business \n association organized under the laws of the United States.","summary":"Sets forth certain registration and reporting requirements with respect to US companies doing business in China or Tibet.","title":"Workers' Rights Principles for United States Businesses in China Act","text_len":8697,"sum_len":121} {"bill_id":"108_s2643","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cigarette Fire Safety Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) Cigarette ignited fires are the leading cause of fire \n deaths in the United States.\n (2) In 1999 there were 807 deaths from cigarette ignited \n fires, 2,193 civilian injuries from such fires, and \n $559,100,000 in property damage caused by such fires.\n (3) Nearly 100 children are killed each year from cigarette \n related fires.\n (4) For over 20 years former Member of Congress Joseph \n Moakley worked on behalf of burn victims, firefighters, and \n every individual who has lost a loved one in a fire. By \n securing enactment of the Cigarette Safety Act of 1984 and the \n Fire Safe Cigarette Act of 1990, Joseph Moakley completed the \n necessary technical work for a cigarette fire safety standard \n and paved the way for a national standard.\n (5) It is appropriate for the Congress to require by law \n the establishment of a cigarette fire safety standard for the \n manufacture and importation of cigarettes.\n (6) A recent study by the Consumer Product Safety \n Commission found that the cost of the loss of human life and \n personal property from not having a cigarette fire safety \n standard is $4,600,000,000 per year.\n (7) It is appropriate that the regulatory expertise of the \n Consumer Product Safety Commission be used to implement a \n cigarette fire safety standard.\n\nSEC. 3. CIGARETTE FIRE SAFETY STANDARD.\n\n (a) In General.--\n (1) Requirement for standard.--Not later than 18 months \n after the date of the enactment of this Act, the Commission \n shall, by rule, prescribe one or more fire safety standards for \n cigarettes that, except as provided in this Act, are \n substantively the same as the standards set forth by the State \n of New York in Part 429 of Title 18 of the Official Compilation \n of Codes, Rules and Regulations of the State of New York, as \n promulgated on December 31, 2003 (in this Act referred to as \n the ``New York standard''), including the Appendix to such \n Part.\n (2) Cigarettes with unique characteristics.--In adapting \n section 4(c) of such Part 429, if the Commission determines \n that a cigarette, because of its unique or nontraditional \n characteristics, cannot be tested in accordance with the test \n method prescribed by the Commission, the manufacturer of such \n cigarette may propose a test method and performance standard \n for such cigarette. If the Commission finds the proposed method \n and standard to be equivalent to the test method and \n performance standard otherwise established by the Commission, \n the Commission may approve the method and standard and the \n manufacturer of such cigarette may employ such test method and \n performance standard to certify the cigarette pursuant to rules \n prescribed by this Act.\n (3) Commission.--In this Act, the term ``Commission'' means \n the Consumer Product Safety Commission.\n (b) Procedure.--\n (1) In general.--The rule under subsection (a), and any \n modification thereof, shall be prescribed in accordance with \n section 553 of title 5, United States Code.\n (2) Modifications.--\n (A) Modification by sponsor.--If the sponsor of the \n testing methodology used under subsection (a)(2) \n modifies the testing methodology in any material \n respect, the sponsor shall notify the Commission of the \n modification, and the Commission may incorporate the \n modification in the rule prescribed under subsection \n (a) if the Commission determines that the modification \n will enhance a fire safety standard established under \n subsection (a)(2).\n (B) Modification by commission.--The Commission may \n modify the rule prescribed under subsection (a), \n including the test requirements specified in subsection \n (a)(2), in whole or in part, only if the Commission \n determines that compliance with such modification is \n technically feasible and will enhance a fire safety \n standard established under that subsection. Any such \n modification shall not take effect earlier than 3 years \n after the date on which the rule is first issued.\n (3) Inapplicability of certain laws.--\n (A) In general.--No Federal law or Executive order, \n including the laws listed in subparagraph (B) but not \n including chapters 5, 6, 7, and 8 of title 5, United \n States Code, commonly referred to as the Administrative \n Procedures Act, may be construed to apply to the \n promulgation of the rule required by subsection (a), or \n a modification of the rule under paragraph (2) of this \n subsection.\n (B) Included laws.--The Federal laws referred to in \n subparagraph (A) include the following:\n (i) The Consumer Product Safety Act (15 \n U.S.C. 2051 et seq.).\n (ii) Chapter 6 of title 5, United States \n Code.\n (iii) The National Environmental Policy Act \n of 1969 (42 U.S.C. 4321 et seq.).\n (iv) The Small Business Regulatory \n Enforcement Fairness Act of 1996 (Public Law \n 104-121), and the amendments made by that Act.\n (c) Effective Date.--The Commission shall specify in the rule \nprescribed under subsection (a) the effective date of the rule. The \neffective date may not be later than 24 months after the date of the \nenactment of this Act.\n (d) Treatment of Standard.--\n (1) In general.--The fire safety standard promulgated under \n subsection (a) shall be treated as a consumer product safety \n standard promulgated under the Consumer Product Safety Act (15 \n U.S.C. 2051 et seq.), except as provided in section 4.\n (2) Treatment of cigarettes.--A cigarette shall be treated \n as a consumer product under section 3(a)(1)(B) of the Consumer \n Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of \n this Act and for purposes of sections 17 and 18 of the Consumer \n Product Safety Act (15 U.S.C. 2066, 2067).\n\nSEC. 4. PREEMPTION.\n\n (a) In General.--This Act, and any cigarette fire safety standard \nestablished or modified pursuant to section 3, may not be construed to \npreempt or otherwise affect in any way any law or regulation that \nprescribes a fire safety standard for cigarettes--\n (1) set forth by the State of New York in the New York \n standard; or\n (2) promulgated by any State that is more stringent than \n the fire safety standard for cigarettes established under this \n section.\n (b) Private Remedies.--The provisions of section 25 of the Consumer \nProduct Safety Act (15 U.S.C. 2074) shall apply with respect to the \nfire safety standard promulgated under section 3(a) of this Act.\n\nSEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.\n\n Except as otherwise provided in this Act, the Commission shall have \nno jurisdiction over tobacco or tobacco products.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated to the Consumer Product Safety Commission for fiscal year \n2005, $2,000,000 for purposes of carrying out this Act.\n (b) Availability.--Amounts appropriated pursuant to subsection (a) \nshall remain available until expended.","summary":"Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York. Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards. Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA). Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State. Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.","title":"A bill to provide for fire safety standards for cigarettes, and for other purposes.","text_len":8225,"sum_len":1105} {"bill_id":"105_hr4713","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Seniors Real Property Tax Relief Act \nof 1998''.\n\nSEC. 2. ALLOWANCE OF DEDUCTION FOR STATE AND LOCAL REAL PROPERTY TAXES \n TO CERTAIN SENIORS WHO DO NOT ITEMIZE THEIR DEDUCTIONS.\n\n (a) In General.--Subsection (a) of section 62 of the Internal \nRevenue Code of 1986 (relating to definition of adjusted gross income) \nis amended by adding at the end the following new paragraph:\n ``(18) Real property taxes of eligible senior taxpayers.--\n ``(A) In general.--In the case of an eligible \n senior taxpayer, the deduction for State and local real \n property taxes (within the meaning of section 164).\n ``(B) Limitation.--Subparagraph (A) shall apply \n only to the portion of State and local real property \n taxes which exceeds the aggregate amount distributed \n for the taxable year from the senior citizen real \n property tax account (as defined by section 222). The \n preceding sentence shall not apply to a distribution \n described in paragraph (3), (4), or (5) of section \n 222(e).\n ``(C) Eligible senior taxpayer defined.--For \n purposes of subparagraph (A), the term `eligible senior \n taxpayer' means a taxpayer--\n ``(i) who is not married or is married \n filing a separate return and--\n ``(I) who has attained age 65 \n before the close of his taxable year, \n and\n ``(II) whose modified adjusted \n gross income for such taxable year does \n not exceed $30,000, or\n ``(ii) who is filing a joint return or is a \n surviving spouse (as defined in section 2(a)) \n and--\n ``(I) with respect to whom 1 of the \n spouses has attained age 65 before the \n close of the taxpayer's taxable year, \n and\n ``(II) whose modified adjusted \n gross income for such taxable year does \n not exceed $60,000.\n ``(D) Modified adjusted gross income.--For purposes \n of subparagraph (C), the term `modified adjusted gross \n income' means the adjusted gross income of the taxpayer \n for the taxable year determined--\n ``(i) without regard to sections 911, 931, \n and 933, and\n ``(ii) after the application of sections \n 86, 469, 219, 220, and 222.\n ``(E) Inflation adjustment.--\n ``(i) In general.--In the case of a taxable \n year beginning after December 31, 1999, each of \n the dollar amounts in subparagraphs (C)(i)(II) \n and (C)(ii)(II) shall be increased by an amount \n equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n 1(f)(3) for the calendar year in which \n the taxable year begins, determined by \n substituting `calendar year 1998' for \n `calendar year 1992' in subparagraph \n (B) thereof.\n ``(ii) Rounding.--If any amount as adjusted \n under clause (i) is not a multiple of $100 such \n amount shall be rounded to the next lowest \n multiple of $100.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following new \nsection:\n\n``SEC. 222. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS.\n\n ``(a) Deduction Allowed.--In the case of an individual, there shall \nbe allowed as a deduction for the taxable year an amount equal to the \ncash contributions made for such taxable year to a senior citizen real \nproperty tax account maintained for the benefit of such individual.\n ``(b) Maximum Amount of Deduction.--The amount allowable as a \ndeduction under subsection (a) to any individual for any taxable year \nshall not exceed $2,000.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Senior citizen real property tax account.--The term \n `senior citizen real property tax account' means a trust \n created or organized in the United States exclusively for the \n purpose of paying the qualified property tax expenses of the \n account beneficiary of the trust, but only if the trust is \n designated as a senior citizen real property tax account at the \n time created or organized and the written governing instrument \n creating the trust meets the following requirements:\n ``(A) No contribution (other than a rollover \n contribution described in subsection (e)(5)) will be \n accepted--\n ``(i) unless it is in cash,\n ``(ii) in excess of $2,000 for the taxable \n year, or\n ``(iii) after the date on which such \n beneficiary attains age 59\\1\/2\\.\n ``(B) The trustee is a bank (as defined in section \n 408(n)) or another person who demonstrates to the \n satisfaction of the Secretary that the manner in which \n that person will administer the trust will be \n consistent with the requirements of this section or who \n has so demonstrated with respect to any individual \n retirement plan.\n ``(C) No part of the trust assets will be invested \n in life insurance contracts.\n ``(D) The assets of the trust shall not be \n commingled with other property except in a common trust \n fund or common investment fund.\n ``(2) Qualified property tax expenses.--\n ``(A) In general.--The term `qualified property tax \n expenses' means State and local, and foreign, real \n property taxes imposed on the account beneficiary \n (determined in accordance with section 164) with \n respect to the principal residence (within the meaning \n of section 121) of such beneficiary. Such term shall \n not include taxes imposed for any real property tax \n period ending before the date such beneficiary attains \n age 59\\1\/2\\.\n ``(B) Jointly held property.--In the case of any \n residence which is held as joint tenants, tenants by \n the entirety, or community property by individuals who \n are married to each other, if one spouse satisfies the \n age requirement of subparagraph (A), then both spouses \n shall be treated as satisfying such requirement.\n ``(3) Account beneficiary.--The term `account beneficiary' \n means the individual for whose benefit the senior citizen real \n property tax account was established.\n ``(4) Certain rules to apply.--Rules similar to the \n following rules shall apply for purposes of this section:\n ``(A) Section 219(d)(2) (relating to no deduction \n for rollovers).\n ``(B) Section 219(f)(3) (relating to time when \n contributions deemed made).\n ``(C) Section 408(d)(6) (relating to transfer of \n account incident to divorce).\n ``(D) Section 408(g) (relating to community \n property laws).\n ``(E) Section 408(h) (relating to custodial \n accounts).\n ``(d) Tax Treatment of Accounts.--\n ``(1) In general.--A senior citizen real property tax \n account is exempt from taxation under this subtitle unless such \n account has ceased to be such an account. Notwithstanding the \n preceding sentence, any such account is subject to the taxes \n imposed by section 511 (relating to imposition of tax on \n unrelated business income of charitable, etc. organizations).\n ``(2) Account terminations.--Rules similar to the rules of \n paragraphs (2) and (4) of section 408(e) shall apply to senior \n citizen real property tax accounts, and any amount treated as \n distributed under such rules shall be treated as not used to \n pay qualified property tax expenses.\n ``(e) Tax Treatment of Distributions.--\n ``(1) In general.--If any distribution is made from a \n senior citizen real property tax account during the taxable \n year, the account beneficiary's tax imposed by this chapter for \n such taxable year shall be increased by an amount equal to--\n ``(A) 50 percent of any such distribution which is \n made before the date the account beneficiary attains \n age 59\\1\/2\\, and\n ``(B) 25 percent of any such distribution which is \n made on or after such date.\n The increase in tax under the preceding sentence shall be in \n lieu of any inclusion in gross income.\n ``(2) Amounts used for qualified property tax expenses.--\n ``(A) In general.--Paragraph (1) shall not apply to \n the extent that the aggregate distributions during the \n taxable year from the senior citizen real property tax \n accounts of the account beneficiary do not exceed the \n aggregate qualified property tax expenses of such \n beneficiary for such year.\n ``(B) Exclusion from gross income.--Gross income \n shall not include any distribution excluded from \n paragraph (1) by reason of subparagraph (A).\n ``(3) Treatment after death of account beneficiary; \n disability.--Paragraph (1) shall not apply to a distribution--\n ``(A) which is made by reason of the death of the \n account beneficiary and is made (either directly or by \n the estate of such beneficiary) to any senior citizen \n real property tax account or individual retirement plan \n of any individual, or\n ``(B) which is attributable to the account \n beneficiary's being disabled (within the meaning of \n section 72(m)(7)).\n In the case of a distribution which is made by reason of the \n death of the account beneficiary and to which paragraph (1) \n applies after the application of the preceding sentence, the \n tax on such distribution shall be determined under paragraph \n (1)(A).\n ``(4) Excess contributions returned before the due date of \n return.--\n ``(A) In general.--If any excess contribution is \n contributed for a taxable year to a senior citizen real \n property tax account of an individual, paragraph (1) \n shall not apply to distributions from the senior \n citizen real property tax accounts of such individual \n (to the extent such distributions do not exceed the \n aggregate excess contributions to all such accounts of \n such individual for such year) if--\n ``(i) such distribution is received by the \n individual on or before the last day prescribed \n by law (including extensions of time) for \n filing such individual's return for such \n taxable year, and\n ``(ii) such distribution is accompanied by \n the amount of net income attributable to such \n excess contribution.\n Any net income described in clause (ii) shall be \n included in the gross income of the individual for the \n taxable year in which it is received.\n ``(B) Excess contribution.--For purposes of \n subparagraph (A), the term `excess contribution' means \n any contribution (other than a rollover contribution) \n that is not deductible under this section.\n ``(5) Rollover contribution.--An amount is described in \n this paragraph as a rollover contribution if it meets the \n requirements of subparagraphs (A) and (B).\n ``(A) In general.--Paragraph (1) shall not apply to \n any amount distributed from a senior citizen real \n property tax account to the account beneficiary to the \n extent the amount received is paid into a senior \n citizen real property tax account for the benefit of \n such beneficiary not later than the 60th day after the \n day on which the beneficiary receives the payment or \n distribution.\n ``(B) Limitation.--This paragraph shall not apply \n to any amount described in subparagraph (A) received by \n an individual from a senior citizen real property tax \n account if, at any time during the 1-year period ending \n on the day of such receipt, such individual received \n any other amount described in subparagraph (A) from a \n senior citizen real property tax account which was not \n includible in the individual's gross income because of \n the application of this paragraph.\n ``(f) Special Rules.--\n ``(1) Married individuals.--The maximum deduction under \n subsection (b) shall be computed separately for each \n individual.\n ``(2) Time when contributions deemed made.--For purposes of \n this section, a taxpayer shall be deemed to have made a \n contribution to a senior citizen real property tax account on \n the last day of the preceding taxable year if the contribution \n is made on account of such taxable year and is made not later \n than the time prescribed by law for filing the return for such \n taxable year (not including extensions thereof).\n ``(g) Reports.--The Secretary may require the trustee of a senior \ncitizen real property tax account to make such reports regarding such \naccount to the Secretary and to the account beneficiary with respect to \ncontributions, distributions, and such other matters as the Secretary \ndetermines appropriate. The reports required by this subsection shall \nbe filed at such time and in such a manner and furnished to such \nindividuals at such time and in such manner as may be required by the \nSecretary.''.\n (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Subsection (a) of section 62 of such Code, as amended by \nsection 2, is amended by inserting after paragraph (18) the following \nnew paragraph:\n ``(19) Senior citizen real property tax accounts.--The \n deduction allowed by section 222.''.\n (c) Tax on Prohibited Transactions.--\n (1) In general.--Paragraph (1) of section 4975(e) of such \n Code (relating to prohibited transactions) is amended by \n redesignating subparagraphs (E) and (F) as subparagraphs (F) \n and (G), respectively, and by inserting after subparagraph (D) \n the following new subparagraph:\n ``(E) a senior citizen real property tax account \n described in section 222(c),''.\n (2) Special rule.--Subsection (c) of section 4975 of such \n Code is amended by adding at the end the following new \n paragraph:\n ``(6) Special rule for senior citizen real property tax \n accounts.--The individual for whose benefit a senior citizen \n real property tax account is established shall be exempt from \n the tax imposed by this section with respect to any transaction \n concerning such account (which would otherwise be taxable under \n this section) if section 222(d)(2) applies with respect to such \n transaction.''.\n (d) Failure To Provide Reports on Senior Citizen Real Property Tax \naccounts.--Paragraph (2) of section 6693(a) of such Code (relating to \nfailure to provide reports on individual retirement accounts or \nannuities) is amended by redesignating subparagraphs (C) and (D) as \nsubparagraphs (D) and (E), respectively, and by inserting after \nsubparagraph (B) the following new subparagraph:\n ``(C) section 222(g) (relating to senior citizen \n real property tax accounts),''.\n (e) Tax on Excess Contributions.--\n (1) In general.--Subsection (a) of section 4973 of such \n Code is amended by redesignating paragraphs (3) and (4) as \n paragraphs (4) and (5), respectively, and by inserting after \n paragraph (2) the following new paragraph:\n ``(3) a senior citizen real property tax account (as \n defined in section 222(c)),''.\n (2) Excess contributions defined.--Section 4973 of such \n Code is amended by adding at the end the following new \n subsection:\n ``(g) Excess Contributions to Senior Citizen Real Property Tax \nAccounts.--For purposes of this section--\n ``(1) In general.--In the case of senior citizen real \n property tax accounts maintained for the benefit of any 1 \n beneficiary, the term `excess contributions' means the amount \n by which the amount contributed for the taxable year to such \n accounts exceeds $2,000.\n ``(2) Special rules.--For purposes of paragraph (1), the \n following contributions shall not be taken into account:\n ``(A) Any contribution which is distributed out of \n the senior citizen real property tax account in a \n distribution to which section 222(e)(4) applies.\n ``(B) Any rollover contribution.''.\n (f) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the last \nitem and inserting the following new items:\n\n ``Sec. 222. Senior citizen real property \n tax accounts.\n ``Sec. 223. Cross reference.''.\n (g) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Seniors Real Property Tax Relief Act of 1998 - Amends the Internal Revenue Code to: (1) allow a deduction for State and local real property taxes paid by certain taxpayers aged 65 or older who do not itemize their deductions. And (2) provide for the establishment of senior citizen real property tax accounts .","title":"Seniors Real Property Tax Relief Act of 1998","text_len":19950,"sum_len":310} {"bill_id":"107_s2312","text":"SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by striking headings \n9902.84.81, 9902.98.83, 9902.84.85, 9902.84.87, 9902.84.89, and \n9902.84.91, and insert in numerical sequence the following new \nheadings:\n\n \n\n`` 9902.84.81 Shearing machines Free No change No change On or before 12\/\n used to cut 31\/2005\n metallic tissue\n certified for use\n in production of\n radial tires\n designed for off-\n the-highway use\n with a rim\n measuring 63.5 cm\n or more in\n diameter provided\n for in subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8462.31.00 or\n subheading\n 8466.94.85)......\n 9902.84.83 Machine tools for Free No change No change On or before 12\/\n working wire of 31\/2005\n iron or steel\n certified for use\n in production of\n radial tires,\n designed for off-\n the-highway use,\n and for use on a\n rim measuring\n 63.5 cm or more\n in diameter\n provided for in\n subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8463.00).........\n 9902.84.85 Extruders to be Free No change No change On or before 12\/\n used in 31\/2005\n production or\n radial tires\n designed for off-\n the-highway use\n with a rim\n measuring 63.5 cm\n or more in\n diameter provided\n for in subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8477.20.00 or\n subheading\n 8477.90.85)......\n 9902.84.87 Machinery for Free No change No change On or before 12\/\n molding, 31\/2005\n retreading, or\n otherwise forming\n uncured,\n unvulcanized\n rubber to be used\n in production of\n radial tires\n designed for off-\n the-highway use,\n with measuring\n 63.5 cm or more\n in diameter\n provided for in\n subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8477.51.00 or\n subheading\n 8477.90.85)......\n 9902.84.89 Sector mold press Free No change No change On or before 12\/\n machines to be 31\/2005\n used in\n production of\n radial tires\n designed for off-\n the-highway use\n with a rim\n measuring 63.5 cm\n or more in\n diameter provided\n for in subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8477.51.00 or\n subheading\n 7477.90.85)......\n 9902.84.91 Sawing machines Free No change No change On or before 12\/\n certified for use 31\/2005 ''\n in production of .\n radial tires\n designed for off-\n the-highway use\n with a rim\n measuring 63.5 cm\n or more in\n diameter provided\n for in subheading\n 4011.20.10 or\n subheading\n 4011.61.0000 or\n subheading\n 4011.62.0000 or\n subheading\n 4011.63.0000 or\n subheading\n 4011.69.0000 or\n subheading\n 4011.92.0000 or\n subheading\n 4011.93.4000 or\n subheading\n 4011.94.4000 or\n subheading\n 4011.99.4500,\n numerically\n controlled, or\n parts thereof\n (provided for in\n subheading\n 8465.91.00 or\n subheading\n 8466.92.50)......\n\n (b) Effective Date.--The amendments made by subsection (a) apply to \ngoods entered, or withdrawn from warehouse for consumption, on and \nafter the date that is 15 days after the date of enactment of this Act.","summary":"Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2005, the duty on certain tire manufacturing equipment.","title":"A bill to amend the Harmonized Tariff Schedule of the United States to provide for duty free treatment on certain manufacturing equipment.","text_len":10036,"sum_len":147} {"bill_id":"108_hr4002","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Qualified Teacher Left Behind Act \nof 2004''.\n\nSEC. 2. AMENDMENTS TO ESEA RELATING TO TEACHER QUALIFICATIONS.\n\n (a) Highly Qualified Definition.--Paragraph (23) of section 9101 of \nthe Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is \namended--\n (1) in subparagraph (B)(ii)--\n (A) in subclause (I), by striking ``or'' at the \n end; and\n (B) by striking subclause (II) and inserting the \n following:\n ``(II) successful completion, in \n each of the academic subjects in which \n the teacher teaches, of an academic \n major or minor, a graduate degree, \n State certification of sufficient \n college-level coursework to satisfy \n this subclause, or advanced \n certification; or\n ``(III) passing a high objective \n uniform State standard of evaluation \n described in subparagraph (C)(ii) in \n each of the academic subjects in which \n the teacher teaches; and''; and\n (2) in clause (ii) of subparagraph (C)--\n (A) in subclause (V), by striking ``but not be \n based primarily on'' and inserting ``but not be based \n solely on'';\n (B) by redesignating subclauses (VI) and (VII) as \n subclauses (VII) and (VIII), respectively; and\n (C) by inserting after subclause (V) the following:\n ``(VI) takes into consideration any \n professional development being \n pursued;''.\n (b) Rural School Districts.--\n (1) Extension.--Subsection (a) of section 1119 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) \n is amended by adding at the end the following:\n ``(4) Rural school districts.--\n ``(A) In general.--Notwithstanding the deadline \n described in paragraphs (2) and (3), a plan developed \n by a State educational agency or a local educational \n agency under this subsection shall ensure that all \n teachers who are described in such paragraphs, but are \n teaching in a rural school district, are highly \n qualified not later than the end of the 2008-2009 \n school year.\n ``(B) Definition.--For purposes of this paragraph, \n a rural school district means a local educational \n agency that--\n ``(i) meets the eligibility criteria \n described in section 6211(b), including by \n obtaining a waiver under paragraph (2) of such \n section; and\n ``(ii) employs a percentage of teachers who \n are not highly qualified that is higher than \n the corresponding percentage for the State \n involved.''.\n (2) Additional funding.--Section 6234 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended--\n (A) by striking ``There are'' and inserting ``(a) \n In General.--There are''; and\n (B) by adding at the end the following:\n ``(b) Highly Qualified Teachers.--For the purpose of making grants \nunder subpart 2 to be used for teacher recruitment, retention, and \nprofessional development activities described in section 6222(a) in \nrural school districts (as that term is defined in section 1119(a)(4)), \nthere are authorized to be appropriated $50,000,000 for fiscal year \n2005 and such sums as may be necessary for each of fiscal years 2006 \nand 2007. Such authorization of appropriations is in addition to the \nauthorization of appropriations in subsection (a).''.\n (c) Core Academic Subjects Only.--Paragraph (1) of section 1119(a) \n(20 U.S.C. 6319(a)) is amended by inserting ``, teaching in core \nacademic subjects,'' after ``hired after such day''.\n (d) Proportion of Inexperienced Teachers.--Subparagraph (C) of \nsection 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended by striking \n``inexperienced, unqualified, or out-of-field teachers'' and inserting \n``unqualified or out-of-field teachers''.\n (e) Other Grantees.--Subpart 2 of part E of title IX of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) \nis amended by adding at the end the following:\n\n``SEC. 9537. HIGHLY QUALIFIED TEACHERS.\n\n ``No entity may receive any funds under this Act unless, \nirrespective of whether the entity has applied for a grant under part A \nof title I, the entity ensures that all elementary school and secondary \nschool teachers employed by the entity and teaching in core academic \nsubjects are highly qualified not later than--\n ``(1) the end of the 2005-2006 school year; or\n ``(2) in the case of a teacher in a rural school district \n (as that term is defined in section 1119(a)(4)), the end of the \n 2008-2009 school year.''.","summary":"No Qualified Teacher Left Behind Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to teacher qualifications. Revises the definition of highly qualified teacher, in the case of middle or secondary school teachers who are new to the profession. Includes consideration of any professional development being pursued, in determining such qualifications for elementary, middle, or secondary school teachers who are not new to the profession. Provides for rural school districts: (1) an extension of a deadline for having highly qualified teachers. And (2) an authorization of additional appropriations for grants for teacher recruitment, retention, and professional development. Revises requirements for qualified teachers under ESEA title I part A (I-A) programs for disadvantaged students to: (1) apply only to teachers of core subjects. And (2) eliminate reference to the proportion of inexperienced teachers. Requires all ESEA grantees, whether under I-A or not, to meet specified qualification deadlines for all teachers of core subjects whom they employ.","title":"To amend the Elementary and Secondary Education Act of 1965 with respect to teacher qualifications, and for other purposes.","text_len":5579,"sum_len":1097} {"bill_id":"115_hr1146","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equal Opportunity for Residential \nRepresentation Act''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) eviction prevention programs provide important and \n effective social and economic benefits;\n (2) such programs help protect low-income and at-risk \n households from the trauma and disruption of homelessness and \n save property owners from the high costs of forced eviction and \n re-occupancy; and\n (3) investing more resources in eviction prevention helps \n communities save on the high cost of homelessness by stopping \n homelessness before it starts--for example, according to 2015 \n data, the Massachusetts Housing and Shelter Alliance estimates \n that a homeless individual residing in Massachusetts creates an \n additional cost burden for State-supported services (such as \n shelters, emergency room visits, and incarceration) that is \n $9,372 greater per year than for a housed individual.\n\nSEC. 3. PILOT PROGRAM FOR LEGAL ASSISTANCE FOR HOUSING ISSUES FOR LOW-\n INCOME FAMILIES.\n\n (a) Authority.--The Secretary of Housing and Urban Development (in \nthis section referred to as the ``Secretary'') shall carry out a \nprogram under this section, through the Office of Community Planning \nand Development, to make grants to the extent amounts for such grants \nare made available pursuant to subsection (f) to eligible organizations \nunder subsection (d) to provide legal services and other related \nsupportive services under subsection (e) on behalf of eligible low-\nincome families under subsection (c).\n (b) Selection of Grantees.--The Secretary shall select eligible \norganizations under subsection (d) to receive grants under this section \ntaking into consideration factors, including--\n (1) factors necessary to ensure an equitable distribution \n of grants to grantees serving urban areas (as such term is \n defined by the Secretary) and to grantees serving rural areas \n (as such term is defined by the Secretary), except that the \n Secretary shall ensure that, of any amounts made available for \n any fiscal year for grants under this section, not less than 20 \n percent shall be used for grantees serving rural areas;\n (2) the number of rental units in the area served by the \n grantee that are affordable to low-income households having \n incomes at or below 80 percent of the area median income and \n paying more than 30 percent of their incomes for rent;\n (3) the extent to which the population of the area served \n by the grantee uses eviction or other housing-related legal \n services or has a need for such services;\n (4) the extent to which tenants in the area served by the \n grantee are evicted;\n (5) the number of rental units in the area served by the \n grantee that are affordable to households having incomes at or \n below 80 percent of the area median income;\n (6) the extent of poverty in the area served by the \n grantee;\n (7) the number of renter households in the area served by \n the grantee that--\n (A) have incomes at or below 80 percent of the area \n median income;\n (B) are not provided rental assistance, such as \n rental assistance under section 8 of the United States \n Housing Act of 1937 or occupancy in a dwelling unit in \n public housing; or\n (C) live in severely inadequate housing, as \n measured using the American Housing Survey definition \n of housing having severe physical problems; and\n (8) any other factors that the Secretary considers \n appropriate for purposes of this section, except that the \n Secretary may not consider data from a point-in-time count of \n the homeless (as defined in section 103(a) of the McKinney-\n Vento Homeless Assistance Act (42 U.S.C. 11302(a))).\n (c) Eligible Low-Income Families.--Amounts from a grant under this \nsection may be used only to provide eligible services under subsection \n(e) with respect to families (including individuals and including \nvictims of domestic violence) who--\n (1) reside in a rental dwelling unit; and\n (2) have an income (as such term is defined in section 3(b) \n of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) \n that does not exceed 80 percent of the median income for the \n area in which the family resides.\n (d) Eligible Organizations.--Grants under this section may be made \nonly to--\n (1) a nonprofit organization that provides legal services \n on behalf of persons or families whose eligibility for such \n services includes a limitation on income, including any \n organizations that receive funding from the Legal Services \n Corporation (established under the Legal Services Corporation \n Act (42 U.S.C. 2996 et seq.)) to provide such services on \n behalf of such persons or families;\n (2) legal clinics sponsored by law schools or other \n organizations; and\n (3) such other institutions, organizations, and entities as \n the Secretary considers appropriate.\n (e) Eligible Services.--Amounts from a grant under this section may \nbe used only to provide, on behalf of eligible low-income families \nunder subsection (c), legal services and other related supportive \nservices in connection with--\n (1) an eviction of such a family;\n (2) the prevention of an eviction of such a family;\n (3) a dispute between the landlord and a tenant who is a \n member of such a family; or\n (4) enforcing the legal rights of such a family under \n Federal, State, or local laws regarding tenancy or fair \n housing.\n (f) Use of Mortgage Interest Deduction Savings for Grants.--\n (1) Determination of savings.--For each of fiscal years \n 2018 through 2022, the Secretary of the Treasury shall \n determine the amount of revenues accruing to the general fund \n of the Treasury by reason of the enactment of the amendment \n made by section 4 of this Act.\n (2) Authorization of appropriations.--There is authorized \n to be appropriated for grants under this section for each of \n fiscal years 2018 through 2022 the amount determined under \n paragraph (1) for such fiscal year.\n\nSEC. 4. REDUCTION IN LIMITATION ON MORTGAGE INTEREST DEDUCTION RELATING \n TO ACQUISITION INDEBTEDNESS FOR CERTAIN TAXPAYERS.\n\n (a) Acquisition Indebtedness.--Clause (ii) of section 163(h)(3)(B) \nof the Internal Revenue Code of 1986 is amended to read as follows:\n ``(ii) Limitation.--The aggregate amount \n treated as acquisition indebtedness for any \n period shall not exceed--\n ``(I) $1,000,000 in the case of a \n joint return ($500,000 in the case of a \n married individual filing a separate \n return), and\n ``(II) the applicable amount in any \n other case.\n ``(iii) Applicable amount.--For purposes of \n clause (ii)(II), the applicable amount is as \n follows:\n\n\n------------------------------------------------------------------------\n The applicable\n ``For taxable years-- amount is--\n \n------------------------------------------------------------------------\nBeginning in calendar year 2018......................... $900,000\nBeginning in calendar year 2019......................... $800,000\nBeginning in calendar year 2020......................... $700,000\nBeginning in calendar year 2021......................... $600,000\nBeginning in or after calendar year 2022................ $500,000.''.\n------------------------------------------------------------------------\n\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to amounts paid or incurred after December 31, 2017.","summary":"Equal Opportunity for Residential Representation Act This bill requires the Department of Housing and Urban Development's (HUD's) Office of Community Planning and Development to carry out a program to make grants to organizations to provide legal services and other related supportive services on behalf of low-income families who reside in a rental dwelling unit and have an income that does not exceed 80 of the median income for the area in which the family resides. The following organizations may receive such grants: nonprofit organizations that provide legal services to persons or families of limited income, including organizations that receive funding from the Legal Services Corporation, legal clinics sponsored by law schools or other organizations. And such other entities as HUD considers appropriate. These grants may be used only to provide legal services and other related supportive services in connection with: (1) an eviction of such a family, (2) the prevention of such eviction, (3) a dispute between the landlord and a tenant who is a family member, or (4) enforcing the family's legal rights regarding tenancy or fair housing. Funds for such program shall be derived from revenues resulting from amendments by this bill to the Internal Revenue Code to reduce the limitation on the mortgage interest deduction for the acquisition indebtedness of certain taxpayers.","title":"Equal Opportunity for Residential Representation Act","text_len":8637,"sum_len":1387} {"bill_id":"104_hr1306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Samoa Economic Development \nAct of 1995''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) funding for the United States territory of American \n Samoa has been based on the joint resolution entitled ``Joint \n Resolution to provide for accepting, ratifying, and confirming \n cessions of certain islands of the Samoan group to the United \n States, and for other purposes'', as amended (48 U.S.C. 1661), \n with commitments being made on a yearly basis;\n (2) American Samoa is locally self-governing with a \n constitution of its own adoption and the direct election of the \n Governor since 1977;\n (3) the territory of American Samoa has had difficulty in \n planning and implementing comprehensive and sustainable \n infrastructure based solely on annual ad hoc grants; and\n (4) the territory of American Samoa and the United States \n would benefit from a multiyear funding commitment which \n promotes economic development and self-sufficiency and requires \n compliance with financial management accounting standards, the \n establishment of semiautonomous public utility authorities \n utilizing cost-recovery principles, and the phaseout of Federal \n subsidies for Government operations.\n\nSEC. 3. AUTHORIZATION OF FUNDING.\n\n (a) In General.--There are authorized to be appropriated to the \nSecretary of the Interior for the Government of American Samoa \n$34,500,000, backed by the full faith and credit of the United States, \nfor each of fiscal years 1996 through 2005. Such amounts shall, subject \nto the limits specified in the table in subsection (b), be used for--\n (1) construction of capital assets of American Samoa;\n (2) maintenance and repair of such capital assets;\n (3) the operations of the Government of American Samoa; and\n (4) reduction of unbudgeted debt incurred by the Government \n of American Samoa in fiscal years prior to 1996.\n (b) Table of Multiyear Funding.--The table referred to in this \nsubsection is as follows:\n\n\n----------------------------------------------------------------------------------------------------------------\n Deficit Maintenance \n Fiscal year Year # Operations Construction reduction and repair Total \n (100% match) (100% match) \n----------------------------------------------------------------------------------------------------------------\n1996............................... 1 23.0 5.5 3.0 3.0 34.5 \n1997............................... 2 23.0 5.5 3.0 3.0 34.5 \n1998............................... 3 23.0 5.5 3.0 3.0 34.5 \n1999............................... 4 21.0 7.5 3.0 3.0 34.5 \n2000............................... 5 18.0 10.5 3.0 3.0 34.5 \n2001............................... 6 15.0 16.5 3.0 34.5 \n2002............................... 7 12.0 19.5 3.0 34.5 \n2003............................... 8 9.0 22.5 3.0 34.5 \n2004............................... 9 6.0 25.5 3.0 34.5 \n2005............................... 10 3.0 28.5 3.0 34.5 \n----------------------------------------------------------------------------------------------------------------\n\n (c) Multiyear Availability of Appropriations.--Amounts not expended \nin the year appropriated shall remain available until expended.\n\nSEC. 4. ESTABLISHMENT OF TRUST.\n\n (a) In General.--The Government of American Samoa shall establish a \ntrust into which the amounts appropriated pursuant to section 3 are \nplaced.\n (b) Trustee.--\n (1) In general.--A trustee to administer the trust \n established by this section shall be nominated by the Governor \n of American Samoa and passed by both Houses of the Legislature \n of American Samoa pursuant to local law and shall be a \n nongovernmental entity, bonded in an amount no less than 110 \n percent of the maximum amount of funds which will be held in \n trust during any given fiscal year (hereafter in this Act \n referred to as the ``trustee''). The trustee shall not be the \n independent auditor required by section 7.\n (2) Replacement.--The trustee may be terminated only by \n mutual agreement, or at the end of its contract for services as \n trustee, or for good cause. Termination of a trustee for good \n cause must be recommended by the Governor of American Samoa and \n approved by both Houses of the Legislature of American Samoa.\n (3) Other terms and conditions.--The trustee shall be \n subject to such other conditions as the Government of American \n Samoa may provide under local law.\n (c) Trust Funds.--\n (1) Deposit; investment.--The trust funds shall be \n deposited in an account or accounts of a financial institution \n insured by the Federal Deposit Insurance Corporation, and may \n be invested by the Government of American Samoa, or the trustee \n if so designated, in only federally insured accounts or issues \n of bonds, notes or other redeemable instruments of the \n Government of the United States.\n (2) Use of interest and dividends.--Interest or dividends \n earned from investment of trust funds under paragraph (1) may \n be used for projects contained on the approved master plan of \n capital needs developed under section 5, or for the costs of \n managing the trust.\n (3) Availability and use of federal funds.--Federal funds \n made available for the purposes described in section 3(a)(1) \n may be used only on projects from the approved master plan of \ncapital needs.\n (d) Reports.--Within 90 days after the end of each fiscal year, the \ntrustee shall submit an annual report to the chairmen and ranking \nminority members of the Committee on Energy and Natural Resources and \nthe Committee on Appropriations of the United States Senate, the \nCommittee on Resources and the Committee on Appropriations of the \nUnited States House of Representatives, and the Government of American \nSamoa. The report shall include at a minimum the financial statements \nof the account or accounts in which it holds trust funds pursuant to \nthis Act.\n\nSEC. 5. USES OF TRUST FUNDS.\n\n (a) Capital Needs.--\n (1) Master plan of capital needs.--For fiscal year 1997 and \n all following years, no funds appropriated pursuant to this Act \n shall be released by the trustee for construction of capital \n assets without the submission by the Government of American \n Samoa to the trustee of a master plan of capital needs that \n ranks projects in order of priority for at least five years. \n The master plan shall be approved by the Governor and passed by \n both Houses of the Legislature of American Samoa pursuant to \n such laws as the Government of American Samoa may enact. The \n master plan of capital needs may be amended at any time, but \n all amendments must be approved by the Governor and passed by \n both Houses of the Legislature of American Samoa. The plan \n shall include the capital needs of all the islands of American \n Samoa.\n (2) Funds for construction of capital assets.--Funds for \n the construction of capital assets shall be paid to the \n Government of American Samoa only after approval by the \n trustee. The trustee shall approve the release of funds only \n for construction projects for a public purpose in the areas of \n communications, electrical power, water, waste water, roads, \n schools, school transportation system, air, water and surface \n transportation, ports, harbors, storage and transportation \n facilities of fuels or other forms of energy, health, and \n construction of government-owned buildings. Funding made \n available pursuant to section 3(a)(1) for construction of \n capital assets may only be used for projects listed on the \n master plan of capital needs as set forth in this section. To \n the extent an appropriation is available, the projects \n contained on the master list with the highest priority are to \n be funded.\n (3) Requirement of semiautonomous agencies.--Beginning with \n fiscal year 1997, no funds for the construction of capital \n assets shall be released by the trustee in the areas of \n communications, electrical power, public health, \n transportation, water, and wastewater until there is \n established by local law semiautonomous government agencies of \n the Government of American Samoa.\n (4) Maintenance plan and funding.--For fiscal years 1997 \n and all following years, no funds appropriated pursuant to this \n Act shall be released by the trustee for the construction of \n capital assets until the Government of American Samoa, or the \n appropriate semiautonomous government agency if required, \n submits to the trustee a maintenance plan covering the \n anticipated life of the project and the project is initially \n funded. The maintenance plan shall include the estimated cost \n of maintaining and repairing the project and identify a source \n to fund the estimated maintenance and repairs for the \n anticipated life of the project. The initial funding for this \n maintenance plan shall be in the amount of 10 percent of the \n cost of the project. Federal funds made available for the \n purposes described in section 3(a)(2) may be used for one-half \n of the initial funding. Other Federal funds made available \n pursuant to this Act may not be used for this purpose. Funds \n set aside pursuant to this paragraph may be used for the \n maintenance and repair of any capital asset within the purview \n of the government or the appropriate semiautonomous agency.\n (b) Debt Reduction.--Any funding made available pursuant to section \n3(a)(4) used to reduce the unbudgeted debt of the Government of \nAmerican Samoa must be matched, on a dollar for dollar basis, by funds \nprovided by the Government of American Samoa from revenue raised from \nnon-Federal sources.\n (c) Maintenance and Repair.--Any funding made available pursuant to \nsection 3(a)(2) used for the maintenance or repair of the capital \nassets of the Government of American Samoa must be matched, on a dollar \nfor dollar basis, by funds provided by the Government of American Samoa \nfrom revenue raised from non-Federal sources.\n (d) Prohibited Uses of Funds.--Neither the funds appropriated \npursuant to this Act, nor any interest or dividends earned on those \nfunds may be transferred to other accounts, or loaned to other accounts \nor agencies; nor may these funds, interest or dividends be used as \ncollateral for loans made by the local government.\n\nSEC. 6. DISBURSEMENT OF TRUST FUNDS.\n\n (a) Operations.--Trust funds to be used for the operations of the \nGovernment of American Samoa shall be disbursed in equal amounts on a \nmonthly basis, on the first business day of each month of the fiscal \nyear. An extra drawdown may be made once each fiscal year in an amount \nnot to exceed ten percent of the amounts appropriated for the fiscal \nyear for the purposes of section 3(a)(3), and only for purposes caused \nby extreme or national emergencies deemed unforeseeable by the trustee.\n (b) Construction.--Trust funds to be used for the construction of \ncapital assets shall be released by the trustee--\n (1) to the Government of American Samoa, only upon \n completion of identifiable portions of the construction work if \n the work is performed by employees of the Government of \n American Samoa, or\n (2) a bona fide contractor of the Government of American \n Samoa pursuant to the terms of a construction contract, on an \n invoice presented to the Government of American Samoa and \n approved by an appropriate official of the Government of \n American Samoa.\n (c) Debt Reduction; Maintenance Repair.--Trust funds to be used for \nunbudgeted debt reduction or maintenance and repair made available \nunder sections 3(a)(2) and 3(a)(4) shall be released by the trustee on \nsubmission by the Government of American Samoa of proof of payment from \nnon-Federal sources for either debt reduction, maintenance, or repair, \nand proof acceptable to the trustee of an obligation due and owing for \nthe appropriate category.\n\nSEC. 7. AUDITS.\n\n (a) In General.--Beginning with fiscal year 1996, the Government of \nAmerican Samoa must obtain, at its own expense, a comprehensive \nfinancial audit meeting the requirements of chapter 75 of title 31, \nUnited States Code, and subtitle A of title 43, Code of Federal \nRegulations, and upon which an independent auditor expresses an opinion \nthat the financial statements of the Government of American Samoa \npresent fairly, in all material respects, the financial position of the \nGovernment of American Samoa, and were prepared in conformity with \ngenerally accepted accounting principles. The audit shall include the \nfunds held in trust pursuant to this Act.\n (b) Submission of Audit Report to United States.--Reports of audits \nrequired in this section shall be transmitted by the Governor of \nAmerican Samoa to the chairmen and ranking members of the Committee on \nEnergy and Natural Resources and the Committee on Appropriations of the \nUnited States Senate, and the Committee on Resources and the Committee \non Appropriations of the United States House of Representatives within \n180 days of the end of each fiscal year for which the United States \nprovides funding under this Act.\n (c) Failure To Obtain Audit.--In the event the Government of \nAmerican Samoa does not obtain the audit within the time required by \nthis section, the trustee shall not disburse additional funds pursuant \nto section 3(a)(3) for the operations of the Government of American \nSamoa until such time as a qualifying audit is received and the report \nof that audit is forwarded as required by this section. Notwithstanding \nthe preceding sentence, one emergency disbursement may be made per year \nunder the provisions of section 6 of this Act, even if a qualifying \naudit report is not obtained.\n\nSEC. 8. AUTHORITY OF UNITED STATES TO AUDIT.\n\n The Comptroller General of the United States and the Inspector \nGeneral of the Department of the Interior shall have the authority to \nconduct audits of all funds of all branches and semiautonomous \nauthorities of the Government of American Samoa. Nothing in this Act \nshall be construed to restrict the authority of these or other Federal \nagencies to audit government funds as authorized by Federal law.\n\nSEC. 9. SETTLEMENT OF DISPUTES.\n\n The High Court of American Samoa is authorized to resolve disputes \nwhich arise under this Act pursuant to its rules of procedure.","summary":"American Samoa Economic Development Act of 1995 - Authorizes appropriations to the Secretary of the Interior for the Government of American Samoa for FY 1996 through 2005 to be used for: (1) construction, maintenance, and repair of American Samoa's capital assets, (2) operations of the Government of American Samoa. And (3) reduction of unbudgeted debt incurred by the Government of American Samoa in fiscal years prior to 1996. Requires amounts appropriated to be placed in a trust administered by a nongovernmental entity. Prohibits the release of funds for the construction of capital assets for FY 1997 and following years until: (1) the Government of American Samoa submits to the trustee a master plan of capital needs that ranks projects in order of priority for at least five years. And (2) such Government submits to the trustee a maintenance plan covering the anticipated life of the project and the project is initially funded. Approves the release of funds only for construction projects for specified public purposes. Prohibits the release of such funds, beginning in FY 1997, in the areas of communications, electrical power, public health, transportation, water, and wastewater until semiautonomous government agencies of the Government of American Samoa are established by local law. Requires funding provided to reduce the unbudgeted debt and for maintenance or repair of capital assets to be matched by non-Federal sources. Prohibits funds appropriated pursuant to this Act from being transferred to other accounts, loaned to other accounts or agencies, or used as collateral for loans made by the local government. Sets forth conditions on the release of trust funds to be used for construction of capital assets, debt reduction, and maintenance or repair. Requires the Government of American Samoa to obtain and submit an annual audit of its financial position to specified congressional committees. Withholds funds for government operations until a qualifying audit is received and reported. Authorizes the Comptroller General and the Inspector General to conduct audits of all funds of branches and semiautonomous authorities of the Government of American Samoa.","title":"American Samoa Economic Development Act of 1995","text_len":15915,"sum_len":2185} {"bill_id":"111_hr6294","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Safety Dividend \nAct''.\n\nSEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF \n SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD \n RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION \n OR PENSION BENEFITS.\n\n (a) Authority To Make Payments.--\n (1) Eligibility.--\n (A) In general.--The Secretary of the Treasury \n shall disburse, out of any funds in the Treasury of the \n United States not otherwise appropriated, a cash \n payment equal to $250 for each non-COLA year of a \n program providing benefit payments described in clause \n (i), (ii), or (iii) of subparagraph (C) or in \n subparagraph (D) to each individual who, for any month \n during such year, is entitled to such benefit payment.\n (B) Non-COLA year.--For purposes of this section, \n the term ``non-COLA year'' means, in connection with a \n program referred to in subparagraph (A), a 12-month \n period for which--\n (i) a cost-of-living adjustment is \n generally provided under such program in \n relation to an index specified in section \n 215(i) of the Social Security Act (42 U.S.C. \n 415(i)); and\n (ii) such an adjustment does not take \n effect by reason of the performance of such \n index.\n (C) Benefit payment described.--For purposes of \n subparagraph (A):\n (i) Title ii benefit.--A benefit payment \n described in this clause is a monthly insurance \n benefit payable (without regard to sections \n 202(j)(1) and 223(b) of the Social Security Act \n (42 U.S.C. 402(j)(1), 423(b)) under--\n (I) section 202(a) of such Act (42 \n U.S.C. 402(a));\n (II) section 202(b) of such Act (42 \n U.S.C. 402(b));\n (III) section 202(c) of such Act \n (42 U.S.C. 402(c));\n (IV) section 202(d)(1)(B)(ii) of \n such Act (42 U.S.C. 402(d)(1)(B)(ii));\n (V) section 202(e) of such Act (42 \n U.S.C. 402(e));\n (VI) section 202(f) of such Act (42 \n U.S.C. 402(f));\n (VII) section 202(g) of such Act \n (42 U.S.C. 402(g));\n (VIII) section 202(h) of such Act \n (42 U.S.C. 402(h));\n (IX) section 223(a) of such Act (42 \n U.S.C. 423(a));\n (X) section 227 of such Act (42 \n U.S.C. 427); or\n (XI) section 228 of such Act (42 \n U.S.C. 428).\n (ii) Railroad retirement benefit.--A \n benefit payment described in this clause is a \n monthly annuity or pension payment payable \n (without regard to section 5(a)(ii) of the \n Railroad Retirement Act of 1974 (45 U.S.C. \n 231d(a)(ii))) under--\n (I) section 2(a)(1) of such Act (45 \n U.S.C. 231a(a)(1));\n (II) section 2(c) of such Act (45 \n U.S.C. 231a(c));\n (III) section 2(d)(1)(i) of such \n Act (45 U.S.C. 231a(d)(1)(i));\n (IV) section 2(d)(1)(ii) of such \n Act (45 U.S.C. 231a(d)(1)(ii));\n (V) section 2(d)(1)(iii)(C) of such \n Act to an adult disabled child (45 \n U.S.C. 231a(d)(1)(iii)(C));\n (VI) section 2(d)(1)(iv) of such \n Act (45 U.S.C. 231a(d)(1)(iv));\n (VII) section 2(d)(1)(v) of such \n Act (45 U.S.C. 231a(d)(1)(v)); or\n (VIII) section 7(b)(2) of such Act \n (45 U.S.C. 231f(b)(2)) with respect to \n any of the benefit payments described \n in clause (i) of this subparagraph.\n (iii) Veterans benefit.--A benefit payment \n described in this clause is a compensation or \n pension payment payable under--\n (I) section 1110, 1117, 1121, 1131, \n 1141, or 1151 of title 38, United \n States Code;\n (II) section 1310, 1312, 1313, \n 1315, 1316, or 1318 of title 38, United \n States Code;\n (III) section 1513, 1521, 1533, \n 1536, 1537, 1541, 1542, or 1562 of \n title 38, United States Code; or\n (IV) section 1805, 1815, or 1821 of \n title 38, United States Code,\n to a veteran, surviving spouse, child, or \n parent as described in paragraph (2), (3), \n (4)(A)(ii), or (5) of section 101, title 38, \n United States Code.\n (D) SSI cash benefit described.--A SSI cash benefit \n described in this subparagraph is a cash benefit \n payable under section 1611 (other than under subsection \n (e)(1)(B) of such section) or 1619(a) of the Social \n Security Act (42 U.S.C. 1382, 1382h).\n (2) Requirement.--A payment shall be made under paragraph \n (1) only to individuals who reside in 1 of the 50 States, the \n District of Columbia, Puerto Rico, Guam, the United States \n Virgin Islands, American Samoa, or the Northern Mariana \n Islands, or who are utilizing a foreign or domestic Army Post \n Office, Fleet Post Office, or Diplomatic Post Office address. \n For purposes of the preceding sentence, the determination of \n the individual's residence shall be based on the address of \n record, as of the date of certification under subsection (b) \n for a payment under this section under a program specified in \n paragraph (1).\n (3) No double payments.--An individual shall be paid only 1 \n payment for any non-COLA year under this section, regardless of \n whether the individual is entitled to, or eligible for, more \n than 1 benefit or cash payment described in paragraph (1).\n (4) Limitation.--A payment under this section shall not be \n made (or, in the case of subparagraph (D), shall not be due)--\n (A) in the case of an individual entitled to a \n benefit specified in paragraph (1)(B)(i) or paragraph \n (1)(B)(ii)(VIII) if, for any month within the 12-month \n period ending with the month of payment, such \n individual's benefit under such paragraph was not \n payable by reason of subsection (x) or (y) of section \n 202 the Social Security Act (42 U.S.C. 402) or section \n 1129A of such Act (42 U.S.C. 1320a-8a);\n (B) in the case of an individual entitled to a \n benefit specified in paragraph (1)(B)(iii) if, for any \n month within the 12-month period ending with the month \n of payment, such individual's benefit under such \n paragraph was not payable, or was reduced, by reason of \n section 1505, 5313, or 5313B of title 38, United States \n Code;\n (C) in the case of an individual entitled to a \n benefit specified in paragraph (1)(C) if, for any month \n within the 12-month period ending with the month of \n payment, such individual's benefit under such paragraph \n was not payable by reason of subsection (e)(1)(A) or \n (e)(4) of section 1611 (42 U.S.C. 1382) or section \n 1129A of such Act (42 U.S.C. 1320a-8a); or\n (D) in the case of any individual whose date of \n death occurs--\n (i) before the date of the receipt of the \n payment; or\n (ii) in the case of a direct deposit, \n before the date on which such payment is \n deposited into such individual's account.\n In the case of any individual whose date of death \n occurs before a payment is negotiated (in the case of a \n check) or deposited (in the case of a direct deposit), \n such payment shall not be due and shall not be reissued \n to the estate of such individual or to any other \n person.\n (5) Timing and manner of payments.--The Secretary of the \n Treasury shall commence disbursing payments under this section \n at the earliest practicable date for any non-COLA year prior to \n April 1 following such year. The Secretary of the Treasury may \n disburse any payment electronically to an individual in such \n manner as if such payment was a benefit payment or cash benefit \n to such individual under the applicable program described in \n subparagraph (B) or (C) of paragraph (1).\n (b) Identification of Recipients.--The Commissioner of Social \nSecurity, the Railroad Retirement Board, and the Secretary of Veterans \nAffairs shall certify the individuals entitled to receive payments \nunder this section for each non-COLA year and provide the Secretary of \nthe Treasury with the information needed to disburse such payments. A \ncertification of an individual shall be unaffected by any subsequent \ndetermination or redetermination of the individual's entitlement to, or \neligibility for, a benefit specified in subparagraph (B) or (C) of \nsubsection (a)(1) (except that such certification shall be affected by \na determination that an individual is an individual described in \nsubparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period \ndescribed in such subparagraphs).\n (c) Treatment of Payments.--\n (1) Payment to be disregarded for purposes of all federal \n and federally assisted programs.--A payment under subsection \n (a) shall not be regarded as income and shall not be regarded \n as a resource for the month of receipt and the following 9 \n months, for purposes of determining the eligibility of the \n recipient (or the recipient's spouse or family) for benefits or \n assistance, or the amount or extent of benefits or assistance, \n under any Federal program or under any State or local program \n financed in whole or in part with Federal funds.\n (2) Payment not considered income for purposes of \n taxation.--A payment under subsection (a) shall not be \n considered as gross income for purposes of the Internal Revenue \n Code of 1986.\n (3) Payments protected from assignment.--The provisions of \n sections 207 and 1631(d)(1) of the Social Security Act (42 \n U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad \n Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of \n title 38, United States Code, shall apply to any payment made \n under subsection (a) as if such payment was a benefit payment \n or cash benefit to such individual under the applicable program \n described in subparagraph (B) or (C) of subsection (a)(1).\n (4) Payments subject to offset.--Notwithstanding paragraph \n (3)--\n (A) any payment made under this section shall, in \n the case of a payment of a direct deposit which is made \n after the date of the enactment of this Act, be subject \n to the reclamation provisions under subpart B of part \n 210 of title 31, Code of Federal Regulations (relating \n to reclamation of benefit payments); and\n (B) any payment made under this section shall not, \n for purposes of section 3716 of title 31, United States \n Code, be considered a benefit payment or cash benefit \n made under the applicable program described in \n subparagraph (B) or (C) of subsection (a)(1), and all \n amounts paid shall be subject to offset to collect \n delinquent debts.\n (d) Payment to Representative Payees and Fiduciaries.--\n (1) In general.--In any case in which an individual who is \n entitled to a payment under subsection (a) and whose benefit \n payment or cash benefit described in paragraph (1) of that \n subsection is paid to a representative payee or fiduciary, the \n payment under subsection (a) shall be made to the individual's \n representative payee or fiduciary and the entire payment shall \n be used only for the benefit of the individual who is entitled \n to the payment.\n (2) Applicability.--\n (A) Payment on the basis of a title ii or ssi \n benefit.--Section 1129(a)(3) of the Social Security Act \n (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment \n made on the basis of an entitlement to a benefit \n specified in paragraph (1)(B)(i) or (1)(C) of \n subsection (a) in the same manner as such section \n applies to a payment under title II or XVI of such Act.\n (B) Payment on the basis of a railroad retirement \n benefit.--Section 13 of the Railroad Retirement Act (45 \n U.S.C. 231l) shall apply to any payment made on the \n basis of an entitlement to a benefit specified in \n paragraph (1)(B)(ii) of subsection (a) in the same \n manner as such section applies to a payment under such \n Act.\n (C) Payment on the basis of a veterans benefit.--\n Sections 5502, 6106, and 6108 of title 38, United \n States Code, shall apply to any payment made on the \n basis of an entitlement to a benefit specified in \n paragraph (1)(B)(iii) of subsection (a) in the same \n manner as those sections apply to a payment under that \n title.","summary":"Social Security Safety Dividend Act - Directs the Secretary of the Treasury to disburse a $250 payment for a particular year to recipients of Social Security benefits, Supplemental Security Income (SSI) benefits , railroad retirement benefits, or veterans disability compensation or pension benefits if no cost-of-living adjustment (COLA) is payable for any month in such a year.","title":"To ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a $250 payment in the event that no cost-of-living adjustment is payable in a calendar year.","text_len":15740,"sum_len":379} {"bill_id":"104_hr3192","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Satellite Home Viewer \nProtection Act of 1996''.\n\nSEC. 2. NOTICE TO SUBSCRIBERS.\n\n Section 119(a)(2) is amended by adding the following at the end:\n ``(D) Notice to subscribers.--A satellite carrier \n that makes secondary transmissions of a primary \n transmission made by a network station pursuant to \n subparagraph (A) shall, prior to providing service of \n broadcast signals under this title to a subscriber, \n provide the subscriber with a written statement \n describing and quoting the network territorial \n restrictions of subsections (a) (2), (5), (8), (9), and \n (10) of this section. Such statement shall describe the \n circumstances under which a subscriber may not be \n eligible for satellite service of a particular network \n station, and a subscriber's rights under subsection \n (a)(8) of this section. With respect to subscribers \n currently receiving broadcast signals under this title, \n the satellite carrier shall provide the written \n statement described in this subsection to such \n subscribers no later than 60 days after the enactment \n of this Act.''.\n\nSEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.\n\n Section 119(a)(8) is amended as follows:\n (1) Subparagraph (A) is amended to read:\n ``(A) In general.--Subject to subparagraph (C), \n upon a challenge by a network station regarding whether \n a subscriber is an unserved household within the \n predicted grade B contour of the station, the satellite \n carrier shall, within 30 days after receipt of the \n challenge--\n ``(i) inform the subscriber who is the \n subject of the challenge from the network \n station in writing that the network station has \n challenged the subscriber's receipt of the \n signal of the same network from the satellite \n carrier; and\n ``(ii) offer the subscriber the option of \n the satellite carrier conducting a measurement \n of the signal intensity of the subscriber's \n household to determine whether the household is \n an unserved household. If the subscriber does \n not request, in writing, the satellite carrier \n to conduct a signal intensity measurement \n within 30 days of notification of the challenge \n from the satellite carrier, the satellite \n carrier shall terminate service to that \n household of the signal that is the subject of \n the challenge, and within 30 days thereafter \n notify the network station that made the \n challenge that service to that household has \n been terminated.\n If the subscriber requests the satellite carrier to \n conduct a signal intensity measurement as described in \n clause (ii), the satellite carrier shall give \n reasonable notice to the network station issuing the \n challenge to the subscriber that the satellite carrier \n will be conducting a signal intensity measurement.''.\n (2) Subparagraph (B) is amended to read:\n ``(B) Effect of measurement; costs.--If the \n satellite carrier conducts a signal intensity \n measurement under subparagraph (A) and the measurement \n indicates that--\n ``(i) the household is not an unserved \n household, the satellite carrier shall, within \n 60 days after the measurement is conducted, \n terminate the service to that household of the \n signal that is the subject of the challenge, \n and within 30 days thereafter notify the \n network station that made the challenge that \n service to that household has been terminated. \n In addition, the subscriber that requested the \n satellite carrier to conduct the measurement \n shall reimburse the satellite carrier for the \n costs of the measurement within 60 days after \n receipt of the measurement results and a \n statement of costs of the measurement; or\n ``(ii) the household is an unserved \n household, the station challenging the service \n shall reimburse the satellite carrier for the \n costs of the signal measurement within 60 days \n after receipt of the measurement results and a \n statement of the costs of the measurement.\n (3) Subparagraph (D) is deleted.\n\nSEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.\n\n Section 119(a)(11) is amended as follows:\n ``(11) Signal intensity measurement; arbitration.--\n ``(A) Voluntary negotiation.--Satellite carriers \n and network broadcasters may negotiate the terms and \n conditions, including technical standards and costs, of \n the signal intensity measurement described in \n subsection (a)(8). A complete description of the agreed \n upon terms of the measurement shall be filed with the \n Register of Copyrights no later than 30 days after \n execution of the agreement.\n ``(B) Arbitration.--If satellite carriers and \n network broadcasters are unable to agree to the terms \n and conditions of the signal intensity measurement \n within 30 days after the enactment of this Act, they \n shall submit the matter to binding arbitration. Such \n arbitration shall be governed by the provisions of \n title 9 of the United States Code, and shall be \n completed and a decision rendered no later than 90 days \n after the enactment of this Act. The parties shall give \n notice to the Register of Copyrights of any \n determination reached by arbitration no later than 30 \n days after issuance of the determination. Such \n determination shall be dispositive.\n\nSEC. 5. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), this Act and \nthe amendments made by this Act take effect on the date of enactment of \nthis Act.\n (b) Transitional Signal Intensity Measurement Procedures.--The \nprovisions of section 119(a)(8), relating to the transitional signal \nintensity measurements, shall cease to be effective on December 31, \n1997.","summary":"Satellite Home Viewer Protection Act of 1996 - Amends Federal copyright law to require a satellite carrier that makes secondary transmissions of a primary transmission by a network station, prior to providing broadcasting signals to a subscriber, to provide such subscriber with a written statement describing and quoting the network territorial restrictions related to such retransmission. Requires a satellite carrier, within 30 days of receipt of a challenge by a network station as to whether a subscriber is an unserved household within the predicted Grade B contour of such station, to: (1) inform the subscriber of the challenge. And (2) offer such subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber's household to determine whether such household is an unserved household. Requires the satellite carrier to: (1) terminate service to such a household if its subscriber does not request a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier. And (2) notify the network station that such service has been terminated. Outlines procedures to be taken after a signal measurement has been taken. Repeals a provision allowing a network station to challenge a subscriber outside the predicted Grade B contour of the network station. Authorizes satellite carriers and network broadcasters to negotiate the terms and conditions of the signal intensity measurement described under this Act. Requires a complete description of such agreement to be filed with the Register of Copyrights within 30 days after its execution. Provides for arbitration of such an agreement if the parties cannot agree to terms and conditions within 30 days after the enactment of this Act.","title":"Satellite Home Viewer Protection Act of 1996","text_len":7450,"sum_len":1777} {"bill_id":"104_hr3766","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) Although a 1991 Sudanese criminal law prohibited \n abduction, kidnapping, forced labor, unlawful confinement, and \n unlawful detention, and although Sudan categorically denies the \n practice of slavery in Sudan, slavery continues unabated in \n Sudan.\n (2) The United States Department of State's Country Human \n Rights Report for 1995 noted that ``government forces carried \n out massacres, extrajudicial kidnapping, forced labor, and \n slavery'' in Sudan.\n (3) Amnesty International reports that the Government of \n Sudan abducted women and children from Northern Bahr al-Ghazal \n and the Nuba Mountains and during one of the raids of April and \n May of 1995 in the Babanusa to Wau area, 500 women and 150 \n children were taken as slaves.\n (4) In April 1996, a report by the United Nations Special \n Representative for Sudan, Gaspar Biro, reported ``an alarming \n increase in cases of slavery, servitude, slave trade and forced \n labor''. The taking of slaves, particularly in war zones, and \n their export to parts of central and northern Sudan, continues \n in Sudan.\n (5) Amnesty International reports that Sudan is party to \n the International Covenant on Civil and Political Rights, the \n African Charter on Human and People's Rights, the Slavery \n Convention, and the Convention on the Rights of the Child. Yet, \n despite being a party to these agreements, slavery still exists \n in Sudan.\n\nSEC. 2. PROHIBITION OF ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, OR \n ARMS TRANSFERS TO THE GOVERNMENT OF SUDAN AND THE \n GOVERNMENTS OF CERTAIN OTHER FOREIGN COUNTRIES.\n\n (a) Prohibition on Assistance to Government of Sudan.--The \nPresident may not provide economic assistance, military assistance, or \narms transfers to the Government of Sudan unless the President \ncertifies to the Congress that such Government has taken appropriate \naction to eliminate chattel slavery in Sudan, including--\n (1) the enactment of antislavery laws that provide \n appropriate punishment for violators of such laws; and\n (2) the rigorous enforcement of such laws.\n (b) Prohibition on Assistance to Governments of Certain Other \nForeign Countries.--The President may not provide economic assistance, \nmilitary assistance, or arms transfers to the government of any foreign \ncountry that participates, or is otherwise involved, in the \nestablishment or conduct of slavery originating from Sudan, directly or \nindirectly.\n (c) Definitions.--As used in this section:\n (1) Economic assistance.--The term ``economic assistance'' \n means any assistance under part I of the Foreign Assistance Act \n of 1961 (22 U.S.C. 2151 et seq.) and any assistance under \n chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.) \n (relating to economic support fund), except that such term does \n not include humanitarian assistance.\n (2) Military assistance or arms transfers.--The term \n ``military assistance or arms transfers'' means--\n (A) assistance under chapter 2 of part II of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) \n (relating to military assistance), including the \n transfer of excess defense articles under sections 516 \n through 519 of that Act (22 U.S.C. 2321j through \n 2321m);\n (B) assistance under chapter 5 of part II of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) \n (relating to international military education and \n training);\n (C) assistance under the ``Foreign Military \n Financing Program'' under section 23 of the Arms Export \n Control Act (22 U.S.C. 2763); or\n (D) the transfer of defense articles, defense \n services, or design and construction services under the \n Arms Export Control Act (22 U.S.C. 2751 et seq.), \n including defense articles and defense services \n licensed or approved for export under section 38 of \n that Act (22 U.S.C. 2778).\n\nSEC. 3. ESTABLISHMENT OF SLAVERY MONITOR IN SUDAN.\n\n The Secretary of State shall designate an individual who is \nassigned to the diplomatic mission in Khartoum, Sudan, to be \nresponsible for monitoring slavery in Sudan, when such diplomatic \nmission is reestablished.\n\nSEC. 4. REPORT ON SLAVERY IN SUDAN.\n\n Not later than 90 days after the date of the enactment of this Act, \nand every 6 months thereafter, the President shall prepare and transmit \nto the Congress a report that describes all forms of covert and overt \nforms of slavery in Sudan.\n\nSEC. 5. MULTILATERAL MEASURES TO ELIMINATE SLAVERY IN SUDAN.\n\n (a) Requirement To Oppose Assistance to Sudan From Certain \nInternational Financial Institutions.--The President shall instruct the \nUnited States representative to each international financial \ninstitution to which the United States is a member to use the voice and \nvote of the United States to oppose any assistance from that financial \ninstitution to Sudan until the Government of Sudan has taken the \nactions described in section 2(a) to eliminate chattel slavery in \nSudan.\n (b) Cooperation With Other Countries To Apply United States \nSanctions Against Sudan.--The President shall instruct the United \nStates permanent representative to the United Nations to actively \npursue the passage of any resolution by the United Nations Security \nCouncil that enhances the cooperation of other countries in the \napplication of the spirit and intent of the sanctions against Sudan \ndescribed in this Act and in any other Act.\n (c) Sense of the Congress Relating to Access by Humanitarian \nAssistance Organizations Within Sudan.--It is the sense of the Congress \nthat the President should work with foreign countries and appropriate \ninternational organizations to ensure that humanitarian assistance \norganizations have access to all parts of Sudan for the purpose of \nassisting individuals who have been enslaved to resettle in Sudan.","summary":"Prohibits the President from providing economic assistance, military assistance, or arms transfers to Sudan unless he certifies to the Congress that Sudan has taken action to eliminate chattel slavery, including: (1) enactment of antislavery laws that punish violators. And (2) rigorous enforcement of such laws. Directs the Secretary of State to designate an individual from the diplomatic mission in Khartoum, Sudan, for monitoring slavery there. Requires the President to report to the Congress on all forms of covert and overt forms of slavery in Sudan. Directs the President to instruct: (1) the US representative to each international financial institution to oppose any assistance to Sudan until it has taken action to eliminate chattel slavery. And (2) the US permanent representative to the United Nations to pursue passage of any U. N. Security Council resolution that enhances cooperation of other countries in applying sanctions against Sudan. Expresses the sense of the Congress that the President should work with foreign countries and appropriate international organizations to ensure that humanitarian assistance organizations have access to all parts of Sudan for the purpose of assisting individuals who have been enslaved to resettle in Sudan.","title":"To prohibit economic assistance, military assistance, or arms transfers to the Government of Sudan until appropriate action is taken to eliminate chattel slavery in Sudan, and for other purposes.","text_len":6445,"sum_len":1262} {"bill_id":"114_hr6278","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Promote \nAccountability and Government Efficiency Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. At-will employment status for new Federal employees.\nSec. 3. Immediate suspension of employees for misconduct or poor \n performance.\nSec. 4. Limitation on appeal rights.\nSec. 5. Restriction of pay raises.\nSec. 6. Forfeiture of CSRS or FERS annuity for any employee convicted \n of a felony.\nSec. 7. Transfer from Senior Executive Service to General Schedule.\nSec. 8. Limitation on official time and use of Government resources in \n carrying out union activities.\n\nSEC. 2. AT-WILL EMPLOYMENT STATUS FOR NEW FEDERAL EMPLOYEES.\n\n (a) In General.--Notwithstanding any other provision of law, any \nemployee in the civil service (as that term is defined in section 2101 \nof title 5, United States Code) hired on or after the date that is 1 \nyear after the date of enactment of this Act shall be hired on an at-\nwill basis. Such an employee may be removed or suspended, without \nnotice or right to appeal, from service by the head of the agency at \nwhich such employee is employed for good cause, bad cause, or no cause \nat all.\n (b) Clarification of Employment Protections.--Notwithstanding the \nrequirements of subsection (a), this Act shall not be construed to \nextinguish or lessen any effort to achieve equal employment opportunity \nthrough affirmative action or any right or remedy available to any \nemployee or applicant for employment in the civil service who is hired \nsubject to subsection (a) under--\n (1) the title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.), prohibiting discrimination on the basis \n of race, color, religion, sex, or national origin;\n (2) the Age Discrimination in Employment Act of 1967 (29 \n U.S.C. 621 et seq.), prohibiting discrimination on the basis of \n age;\n (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et \n seq.), prohibiting discrimination on the basis of sex;\n (4) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), \n prohibiting discrimination on the basis of handicapping \n condition;\n (5) the Whistleblower Protection Enhancement Act of 2012 \n (Public Law 112-199);\n (6) the provisions of any law, rule, or regulation \n prohibiting discrimination on the basis of marital status or \n political affiliation;\n (7) the Congressional Accountability Act of 1995, in the \n case of employees of the legislative branch who are subject to \n such Act;\n (8) the protections relating to prohibited personnel \n practices (as that term is defined in section 2302 of title 5, \n United States Code); or\n (9) any law protecting the employment rights of veterans.\n (c) Appeal.--\n (1) In general.--Any employee or applicant for employment \n who is subject to subsection (a) and who seeks a remedy under \n any law listed in subsection (b) with respect to an adverse \n personnel action may, in addition to the remedies provide by \n such law, seek an available remedy as provided under--\n (A) title 5, United States Code, including \n appealing such action to the Merit Systems Protection \n Board or the Office of the Special Counsel;\n (B) the Equal Employment Opportunity Commission; or\n (C) consistent with the requirements of section 9, \n any applicable collective bargaining agreement.\n (2) Limitation.--An employee or applicant for employment \n may appeal an adverse personnel action only to a single agency, \n and may not thereafter bring any appeal pertaining to such \n dismissal before any other agency.\n (d) Application.--This section shall apply with respect to any \nemployee hired on or after the date that is 1 year after the date of \nenactment of this Act.\n (e) Regulations.--Not later than 180 days after the date of \nenactment of this section, each agency or instrumentality of the \nFederal Government to which this section applies shall develop \noperating standards consistent with the requirements of this section, \nincluding standards with respect to--\n (1) notifying any employee hired on or after date specified \n in subsection (a) that such employee is an at-will employee;\n (2) determining which senior positions within such agency \n or instrumentality have the authority to separate an at-will \n employee from service; and\n (3) ensuring adequate oversight is in place to ensure that \n any separation of an at-will employee is not a result of \n discrimination or other violation of any law listed under \n subsection (b).\n (f) Definitions.--In this section:\n (1) Employee.--The term ``employee'' has the meaning given \n such term in section 2105 of title 5, United States Code, and \n includes any officer or employee of the United States Postal \n Service or the Postal Regulatory Commission.\n (2) Personnel action.--The term ``personnel action'' has \n the meaning given such term in section 2302(a)(2)(A) of such \n title.\n (3) Veteran.--The term ``veteran'' has the meaning given \n that term under section 2108(1) of such title.\n\nSEC. 3. IMMEDIATE SUSPENSION OF EMPLOYEES FOR MISCONDUCT OR POOR \n PERFORMANCE.\n\n (a) In General.--Chapter 75 of title 5, United States Code, is \namended by adding at the end the following:\n\n ``SUBCHAPTER VI--IMMEDIATE SUSPENSION FOR MISCONDUCT OR POOR \n PERFORMANCE\n\n``Sec. 7551. Definitions\n ``In this subchapter--\n ``(1) the term `employee' has the meaning given such term \n in section 7501(1) and includes any employee of the United \n States Postal Service or the Postal Regulatory Commission, but \n does not include any at-will employee (as determined under \n section 2 of the Promote Accountability and Government \n Efficiency Act); and\n ``(2) the term `suspend' means the placing of any employee, \n for misconduct or poor performance, in a temporary status \n without duties.\n``Sec. 7552. Immediate suspension for misconduct or poor performance\n ``(a) Under regulations prescribed by the Office of Personnel \nManagement, the head of an agency may suspend (with or without pay) an \nemployee of such agency if the head determines that the misconduct or \nperformance of the employee warrants such suspension. The period of any \nsuch suspension shall be determined by the head.\n ``(b) An employee who is suspended under subsection (a) is \nentitled, after suspension, to--\n ``(1) a written notice, not later than 10 days after the \n first day of such suspension, stating the specific reasons for \n the suspension;\n ``(2) a reasonable time, but not less than 10 days, to \n answer orally and in writing and to furnish affidavits and \n other documentary evidence in support of the answer;\n ``(3) be represented by an attorney or other \n representative; and\n ``(4) a review of the case by the agency head and a written \n final decision and the specific reasons therefor at the \n earliest practicable date.\n ``(c) An employee against whom an action is taken under this \nsection is entitled to appeal to the Merit Systems Protection Board \nunder section 7701 of this title. During such appeal, the Merit Systems \nProtection Board may not take any action to reinstate the employee to \nthe position of employment from which such employee is suspended until \nthe date of the final decision of such appeal.\n ``(d) Copies of the notice of proposed action, the answer of the \nemployee if written, a summary thereof if made orally, the notice of \ndecision and reasons therefor, and any order affecting the suspension, \ntogether with any supporting material, shall be maintained by the \nagency and shall be furnished to the Merit Systems Protection Board \nupon its request and to the employee affected upon the employee's \nrequest.\n ``(e) In the case of critical necessity, the head of an agency may \nimmediately replace an employee suspended under subsection (a) without \nregard to sections 3309 through 3318 of title 5, United States Code.''.\n (b) Clerical Amendment.--The table of sections for chapter 75 of \ntitle 5, United States Code, is amended by adding at the end the \nfollowing:\n\n ``subchapter vi--immediate suspension for misconduct or poor \n performance\n\n``7551. Definitions.\n``7552. Immediate suspension for misconduct or poor performance.''.\n\nSEC. 4. LIMITATION ON APPEAL RIGHTS.\n\n Notwithstanding any other provision of law, an employee (as that \nterm is defined in section 2(g)(1)) or applicant for employment may not \nappeal an adverse personnel action to more than 1 agency.\n\nSEC. 5. RESTRICTION OF PAY RAISES.\n\n (a) In General.--Notwithstanding any other provision of law, an \nemployee may not receive an increase in annual rate of pay if such \nemployee did not receive at least a score of 4 or 5 out of 5 (or an \nequivalent rating with respect to a performance appraisal system that \ndoes provide for such a scoring system) on such employee's latest \nperformance review under the performance appraisal system applicable to \nsuch employee.\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Director of the Office of Personnel Management shall \nsubmit to Congress a report that contains recommendations for a single-\nagency rating system.\n (c) Collective Bargaining Agreements.--\n (1) Application.--The requirements of this section shall \n apply to any collective bargaining agreement entered into by \n the head of an agency on or after the date of enactment of this \n Act.\n (2) Grievance.--In the case of an employee covered by a \n collective bargaining agreement referred to in paragraph (1), a \n grievance filed on behalf of such employee that results in an \n increased performance rating for such employee may not result \n in an increase in annual rate of pay for such employee.\n (d) Definition.--In this section, the term ``employee'' has the \nmeaning given such term in section 2105 of title 5, United States Code, \nand includes any officer or employee of the United States Postal \nService or the Postal Regulatory Commission.\n\nSEC. 6. FORFEITURE OF CSRS OR FERS ANNUITY FOR ANY EMPLOYEE CONVICTED \n OF A FELONY.\n\n (a) In General.--Subchapter II of chapter 83 of title 5, United \nStates Code, is amended by adding at the end the following:\n``Sec. 8323. Forfeiture of annuity for felony conviction.\n ``(a)(1) An individual appointed to the service who is not subject \nto the requirements of section 2 of the Promote Accountability and \nGovernment Efficiency Act may not be paid an annuity or retired pay on \nthe basis of the service of the individual which is creditable toward \nthe annuity if the individual was finally convicted of a felony \noffense.\n ``(2) For purposes of paragraph (1), the term `felony offense' \nmeans any felony offense committed by the individual that is related to \nthe performance of any position within the service occupied by such \nindividual.\n ``(b) An individual who is an at-will employee (as determined under \nsection 2 of the Promote Accountability and Government Efficiency Act) \nmay not be paid an annuity on the basis of the service of the \nindividual which is creditable toward the annuity if the individual was \nfinally convicted of a felony offense--\n ``(1) when such individual was performing creditable \n service (as that term is defined in section 8332 or 8411); or\n ``(2) after such individual has separated from the service, \n but only if such offense is related to the performance of any \n position within the Government formerly occupied by such \n individual.\n ``(c) In this section, the term `finally convicted' has the meaning \ngiven such term in section 8332(o)(A)(6).''.\n (b) Clerical Amendment.--The table of sections of subchapter II of \nchapter 83 of title 5, United States Code, is amended by adding after \nthe item relating to section 8322 the following new item:\n\n``8323. Forfeiture of annuity for felony conviction.''.\n\nSEC. 7. TRANSFER FROM SENIOR EXECUTIVE SERVICE TO GENERAL SCHEDULE.\n\n (a) In General.--Subchapter VIII of chapter 33 of title 5, United \nStates Code, is amended--\n (1) by redesignating section 3397 as section 3398; and\n (2) by inserting after section 3396 the following:\n``Sec. 3397. Transfer to General Schedule positions\n ``(a) Notwithstanding any other provision of law, the head of any \nagency may transfer a covered individual to a position within the \nGeneral Schedule (subchapter III of chapter 53).\n ``(b) Notwithstanding any other provision of law, including the \nrequirements of section 3594, any covered individual transferred to a \nGeneral Schedule position under subsection (a) shall, beginning on the \ndate of such transfer, receive the annual rate of pay applicable to \nsuch position.\n ``(c) In this section, the term `covered individual' means an \nindividual occupying a Senior Executive Service position who is not an \nat-will employee (as determined under section 2 of the Promote \nAccountability and Government Efficiency Act).''.\n (b) Clerical Amendment.--The table of sections of subchapter VIII \nof chapter 33 of title 5, United States Code, is amended by striking \nthe item relating to section 3397 and inserting the following new \nitems:\n\n``3397. Transfer to General Schedule positions.\n``3398. Regulations.''.\n\nSEC. 8. LIMITATION ON OFFICIAL TIME AND USE OF GOVERNMENT RESOURCES IN \n CARRYING OUT UNION ACTIVITIES.\n\n (a) In General.--Section 7131 of title 5, United States Code, is \namended to read as follows:\n``Sec. 7131. Limitation on official time\n ``In carrying out any activities relating to the internal business \nof a labor organization (including the solicitation of membership, \nelections of labor organization officials, and collection of dues), an \nemployee may not--\n ``(1) perform such activities unless such employee is in a \n non-duty status; or\n ``(2) use any Government property (including office space \n or computers).''.\n (b) Clerical Amendment.--The table of sections for chapter 71 of \ntitle 5, United States Code, is amended by striking the item relating \nto section 7131 and inserting the following new item:\n\n``7131. Limitation on official time.''.","summary":"Promote Accountability and Government Efficiency Act This bill requires civil service employees to be hired on an at-will basis beginning one year after this bill's enactment. Such an employee may be removed or suspended from service by the agency head for good cause, bad cause, or no cause at all, without notice or right to appeal. The bill specifies how an employee or applicant may seek a remedy under specified employment protection statutes with respect to an adverse personnel action. The bill permits an agency to suspend an employee for misconduct or poor performance. The employee may appeal to the Merit Systems Protection Board, which may not reinstate the employee until a final decision is made on such appeal. In the case of critical necessity, an agency may immediately replace a suspended employee. An employee or applicant may not appeal an adverse personnel action to more than one agency. The bill prohibits an employee who does not receive a score of four or five out of five on his or her latest performance review from receiving a pay raise. A grievance filed on behalf of such employee covered by a collective bargaining agreement that results in an increased performance rating for such employee may not result in a pay raise. The OPM shall submit a report that contains recommendations for a single-agency rating system. An individual appointed to the civil service who is not subject to this bill's requirements regarding at-will employment may not be paid an annuity or retired pay on the basis of such service if the individual was finally convicted of a felony offense: (1) when such individual was performing creditable service, or (2) after such individual has separated from service if such offense is related to the performance of his or her government position. An agency may transfer an individual occupying a Senior Executive Service position who is not an at-will employee to a position within the General Schedule. The bill: (1) eliminates provisions authorizing official time for an employee serving as an exclusive representative in the negotiation of a collective bargaining agreement, and (2) prohibits an employee from using government property in carrying out any activities relating to the internal business of a labor organization.","title":"Promote Accountability and Government Efficiency Act","text_len":15148,"sum_len":2279} {"bill_id":"103_hr654","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Mint Bicentennial Coin \nAct''.\n\nSEC. 2. COIN SPECIFICATIONS.\n\n (a) Five Dollar Gold Coins.--The Secretary of the Treasury \n(hereafter in this Act referred to as the ``Secretary'') shall mint and \nissue not more than 350,000 five dollar coins each of which shall weigh \n8.359 grams, have a diameter of .0850 inches, and shall contain 90 \npercent gold and 10 percent alloy.\n (b) One Dollar Silver Coins.--The Secretary shall issue not more \nthan 1,000,000 one dollar coins each of which shall weigh 26.73 grams, \nhave a diameter of 1.5 inches, and be composed of 90 percent silver and \n10 percent copper.\n (c) Half Dollar Silver Coins.--The Secretary shall issue not more \nthan 1,750,000 half dollar coins each of which shall weigh 12.50 grams, \nhave a diameter of 1.205 inches, and be composed of 90 percent silver \nand 10 percent copper.\n\nSEC. 3. SOURCES OF BULLION.\n\n (a) Gold.--The Secretary shall obtain gold for the coins minted \nunder this Act pursuant to the authority of the Secretary under \nexisting law.\n (b) Silver.--The Secretary shall obtain silver for the coins minted \nunder this Act from stockpiles established under the Strategic and \nCritical Materials Stock Piling Act (50 U.S.C. 98 et seq.).\n\nSEC. 4. DESIGN.\n\n (a) Design of Five Dollar Gold Coins.--The design of the five \ndollar coins shall portray Alexander Hamilton on the obverse. The \nreverse shall display the scene of the inspection of the first United \nStates coins. On each coin authorized hereunder there shall be a \ndesignation of the value of the coin, and inscriptions of the words \n``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' \nand ``Liberty''.\n (b) Design of One Dollar Silver Coins.--The obverse of the one \ndollar coins shall portray Thomas Jefferson, the first Secretary of \nState, and shall honor his 250th birthday. The reverse shall display \nthe first coining press--United States Mint. On each coin authorized \nhereunder there shall be a designation of the value of the coin and \ninscriptions of the words ``United States of America'', ``E Pluribus \nUnum'', ``In God We Trust'' and ``Liberty''.\n (c) Design of the Half Dollar Silver Coins.--The design of the half \ndollar silver coins shall depict on the obverse David Rittenhouse, the \nfirst Director of the United States Mint. The reverse shall show the \nfirst mint building. On each coin authorized hereunder there shall be a \ndesignation of the value of the coin and inscriptions of the words \n``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' \nand ``Liberty''.\n\nSEC. 5. SALE OF COINS.\n\n (a) Sale Price.--Notwithstanding any other provision of law, the \ncoins issued under this Act shall be sold by the Secretary at a price \nequal to the face value, plus the cost of designing and issuing such \ncoins (including labor, materials, dies, use of machinery, overhead \nexpenses, marketing and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales at a \nreasonable discount.\n (c) Surcharge Required.--All sales shall include a surcharge of $30 \nper coin for the five dollar coins, $7 per coin for the one dollar \ncoins and $2 per coin for the half dollar coins.\n (d) Reports to Congress.--\n (1) Not later than 15 days after the last day of each \n month, the Secretary shall transmit to the Committee on \n Banking, Finance and Urban Affairs of the House of \n Representatives and the Committee on Banking, Housing, and \n Urban Affairs of the Senate.\n (2) Each report submitted pursuant to paragraph (1) shall \n include a review of all marketing activities under this section \n and a financial statement which details sources of funds, \n surcharges generated, and expenses incurred for manufacturing, \n materials, overhead, packaging, marketing and shipping.\n\nSEC. 6. ISSUANCE OF THE COINS.\n\n (a) Period of Issuance.--The coins authorized under this Act shall \nbe minted and available for issue no later than July 15, 1993, but \nshall be issued only during 1993.\n (b) Proof of Uncirculated Coins.--The coins authorized under this \nAct shall be issued in uncirculated and proof qualities.\n (c) Bureau of the Mint.--Not more than one facility of the Bureau \nof the Mint may be used to strike any particular combination of \ndenomination and quality.\n\nSEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods or services necessary for carrying out the \nprovisions of this Act.\n (b) Equal Employment Opportunity.--Subsection (a) shall not relieve \nany person entering into a contract under the authority of this Act \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 8. DISTRIBUTION OF SURCHARGES.\n\n (a) In General.--All surcharges which are received by the Secretary \nfrom the sale of coins issued under this Act shall be promptly paid by \nthe Secretary to the Smithsonian Institution for the National \nNumismatic Collection.\n (b) Use of Proceeds.--Amounts received under subsection (a) shall \nbe used by the Executive Director of the National Numismatic Collection \nto establish--\n (1) an endowment fund for the purpose of purchasing needed \n reference materials and numismatic items for the National \n Numismatic Collection; and\n (2) an endowment fund to promote numismatic study, finance \n symposia and travel and publicize the results of any \n advancements; and\n (3) establish a fund to renovate the permanent and \n temporary exhibit facilities of the National Numismatic \n Collection.\n\nSEC. 9. AUDITS.\n\n The Comptroller General of the United States shall have the right \nto examine such books, records, documents and other data of the \norganizing committee as may be related to the expenditure of amounts \npaid under section 208.\n\nSEC. 10. FINANCIAL ASSURANCES.\n\n (a) No Net Cost.--The Secretary shall take such actions as may be \nnecessary to ensure that the minting and issuance of the coins referred \nto in section 202 shall not result in any net cost to the Federal \nGovernment.\n (b) Payment Assurances.--No coin shall be issued under this Act \nunless the Secretary has received--\n (1) full payment for such coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution, the deposits are \n insured by the 20 Federal Deposit Insurance Corporations or the \n National Credit Union Administration.","summary":"United States Mint Bicentennial Coin Act - Directs the Secretary of the Treasury to mint coins in commemoration of the 200th anniversary of the establishment of the United States Mint. Prescribes the designs for the ensuing five-dollar gold coins, one-dollar silver coins, and half-dollar silver coins. Restricts issuance of such coins to 1993. Mandates that all surcharges received from the sale of such coins be paid to the Smithsonian Institution for the National Numismatic Collection. Requires the Executive Director of the National Numismatic Collection to establish specified funds with the surcharge proceeds. Prescribes financial assurances.","title":"United States Mint Bicentennial Coin Act","text_len":6873,"sum_len":650} {"bill_id":"108_s144","text":"SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION.\n The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by \nadding at the end the following new subtitle:\n\n ``Subtitle E--Noxious Weed Control and Eradication\n\n``SEC. 451. SHORT TITLE.\n\n ``This subtitle may be cited as the `Noxious Weed Control and \nEradication Act of 2004'.\n\n``SEC. 452. DEFINITIONS.\n\n ``In this subtitle:\n ``(1) Indian tribe.--The term `Indian Tribe' has the meaning \n given that term in section 4 of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 450b).\n ``(2) Weed management entity.--The term `weed management \n entity' means an entity that--\n ``(A) is recognized by the State in which it is \n established;\n ``(B) is established for the purpose of or has demonstrable \n expertise and significant experience in controlling or \n eradicating noxious weeds and increasing public knowledge and \n education concerning the need to control or eradicate noxious \n weeds;\n ``(C) may be multijurisdictional and multidisciplinary in \n nature;\n ``(D) may include representatives from Federal, State, \n local, or, where applicable, Indian Tribe governments, private \n organizations, individuals, and State-recognized conservation \n districts or State-recognized weed management districts; and\n ``(E) has existing authority to perform land management \n activities on Federal land if the proposed project or activity \n is on Federal lands.\n ``(3) Federal lands.--The term `Federal lands' means those \n lands owned and managed by the United States Forest Service or the \n Bureau of Land Management.\n\n``SEC. 453. ESTABLISHMENT OF PROGRAM.\n\n ``(a) In General.--The Secretary shall establish a program to \nprovide financial and technical assistance to control or eradicate \nnoxious weeds.\n ``(b) Grants.--Subject to the availability of appropriations under \nsection 457(a), the Secretary shall make grants under section 454 to \nweed management entities for the control or eradication of noxious \nweeds.\n ``(c) Agreements.--Subject to the availability of appropriations \nunder section 457(b), the Secretary shall enter into agreements under \nsection 455 with weed management entities to provide financial and \ntechnical assistance for the control or eradication of noxious weeds.\n\n``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES.\n\n ``(a) Consultation and Consent.--In carrying out a grant under this \nsubtitle, the weed management entity and the Secretary shall--\n ``(1) if the activities funded under the grant will take place \n on Federal land, consult with the heads of the Federal agencies \n having jurisdiction over the land; or\n ``(2) obtain the written consent of the non-Federal landowner.\n ``(b) Grant Considerations.--In determining the amount of a grant \nto a weed management entity, the Secretary shall consider--\n ``(1) the severity or potential severity of the noxious weed \n problem;\n ``(2) the extent to which the Federal funds will be used to \n leverage non-Federal funds to address the noxious weed problem;\n ``(3) the extent to which the weed management entity has made \n progress in addressing the noxious weeds problem; and\n ``(4) other factors that the Secretary determines to be \n relevant.\n ``(c) Use of Grant Funds; Cost Shares.--\n ``(1) Use of grants.--A weed management entity that receives a \n grant under subsection (a) shall use the grant funds to carry out a \n project authorized by subsection (d) for the control or eradication \n of a noxious weed.\n ``(2) Cost shares.--\n ``(A) Federal cost share.--The Federal share of the cost of \n carrying out an authorized project under this section \n exclusively on non-Federal land shall not exceed 50 percent.\n ``(B) Form of non-federal cost share.--The non-Federal \n share of the cost of carrying out an authorized project under \n this section may be provided in cash or in kind.\n ``(d) Authorized Projects.--Projects funded by grants under this \nsection include the following:\n ``(1) Education, inventories and mapping, management, \n monitoring, methods development, and other capacity building \n activities, including the payment of the cost of personnel and \n equipment that promote control or eradication of noxious weeds.\n ``(2) Other activities to control or eradicate noxious weeds or \n promote control or eradication of noxious weeds.\n ``(e) Application.--To be eligible to receive assistance under this \nsection, a weed management entity shall prepare and submit to the \nSecretary an application containing such information as the Secretary \nshall by regulation require.\n ``(f) Selection of Projects.--Projects funded under this section \nshall be selected by the Secretary on a competitive basis, taking into \nconsideration the following:\n ``(1) The severity of the noxious weed problem or potential \n problem addressed by the project.\n ``(2) The likelihood that the project will prevent or resolve \n the problem, or increase knowledge about resolving similar \n problems.\n ``(3) The extent to which the Federal funds will leverage non-\n Federal funds to address the noxious weed problem addressed by the \n project.\n ``(4) The extent to which the program will improve the overall \n capacity of the United States to address noxious weed control and \n management.\n ``(5) The extent to which the weed management entity has made \n progress in addressing noxious weed problems.\n ``(6) The extent to which the project will provide a \n comprehensive approach to the control or eradication of noxious \n weeds.\n ``(7) The extent to which the project will reduce the total \n population of noxious weeds.\n ``(8) The extent to which the project promotes cooperation and \n participation between States that have common interests in \n controlling and eradicating noxious weeds.\n ``(9) Other factors that the Secretary determines to be \n relevant.\n ``(g) Regional, State, and Local Involvement.--In determining which \nprojects receive funding under this section, the Secretary shall, to \nthe maximum extent practicable--\n ``(1) rely on technical and merit reviews provided by regional, \n State, or local weed management experts; and\n ``(2) give priority to projects that maximize the involvement \n of State, local and, where applicable, Indian Tribe governments.\n ``(h) Special Consideration.--The Secretary shall give special \nconsideration to States with approved weed management entities \nestablished by Indian Tribes and may provide an additional allocation \nto a State to meet the particular needs and projects that the weed \nmanagement entity plans to address.\n\n``SEC. 455. AGREEMENTS.\n\n ``(a) Consultation and Consent.--In carrying out an agreement under \nthis section, the Secretary shall--\n ``(1) if the activities funded under the agreement will take \n place on Federal land, consult with the heads of the Federal \n agencies having jurisdiction over the land; or\n ``(2) obtain the written consent of the non-Federal landowner.\n ``(b) Application of Other Laws.--The Secretary may enter into \nagreements under this section with weed management entities \nnotwithstanding sections 6301 through 6309 of title 31, United States \nCode, and other laws relating to the procurement of goods and services \nfor the Federal Government.\n ``(c) Eligible Activities.--Activities carried out under an \nagreement under this section may include the following:\n ``(1) Education, inventories and mapping, management, \n monitoring, methods development, and other capacity building \n activities, including the payment of the cost of personnel and \n equipment that promote control or eradication of noxious weeds.\n ``(2) Other activities to control or eradicate noxious weeds.\n ``(d) Selection of Activities.--Activities funded under this \nsection shall be selected by the Secretary taking into consideration \nthe following:\n ``(1) The severity of the noxious weeds problem or potential \n problem addressed by the activities.\n ``(2) The likelihood that the activity will prevent or resolve \n the problem, or increase knowledge about resolving similar \n problems.\n ``(3) The extent to which the activity will provide a \n comprehensive approach to the control or eradication of noxious \n weeds.\n ``(4) The extent to which the program will improve the overall \n capacity of the United States to address noxious weed control and \n management.\n ``(5) The extent to which the project promotes cooperation and \n participation between States that have common interests in \n controlling and eradicating noxious weeds.\n ``(6) Other factors that the Secretary determines to be \n relevant.\n ``(e) Regional, State, and Local Involvement.--In determining which \nactivities receive funding under this section, the Secretary shall, to \nthe maximum extent practicable--\n ``(1) rely on technical and merit reviews provided by regional, \n State, or local weed management experts; and\n ``(2) give priority to activities that maximize the involvement \n of State, local, and, where applicable, representatives of Indian \n Tribe governments.\n ``(f) Rapid Response Program.--At the request of the Governor of a \nState, the Secretary may enter into a cooperative agreement with a weed \nmanagement entity in that State to enable rapid response to outbreaks \nof noxious weeds at a stage which rapid eradication and control is \npossible and to ensure eradication or immediate control of the noxious \nweeds if--\n ``(1) there is a demonstrated need for the assistance;\n ``(2) the noxious weed is considered to be a significant threat \n to native fish, wildlife, or their habitats, as determined by the \n Secretary;\n ``(3) the economic impact of delaying action is considered by \n the Secretary to be substantial; and\n ``(4) the proposed response to such threat--\n ``(A) is technically feasible;\n ``(B) economically responsible; and\n ``(C) minimizes adverse impacts to the structure and \n function of an ecosystem and adverse effects on nontarget \n species and ecosystems.\n\n``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS.\n\n ``Funds under this Act (other than those made available for section \n455(f)) are intended to supplement, not replace, assistance available \nto weed management entities, areas, and districts for control or \neradication of noxious weeds on Federal lands and non-Federal lands. \nThe provision of funds to a weed management entity under this Act \n(other than those made available for section 455(f)) shall have no \neffect on the amount of any payment received by a county from the \nFederal Government under chapter 69 of title 31, United States Code.\n\n``SEC. 457. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) Grants.--To carry out section 454, there are authorized to be \nappropriated to the Secretary $7,500,000 for each of fiscal years 2005 \nthrough 2009, of which not more than 5 percent of the funds made \navailable for a fiscal year may be used by the Secretary for \nadministrative costs.\n ``(b) Agreements.--To carry out section 455 of this subtitle, there \nare authorized to be appropriated to the Secretary $7,500,000 for each \nof fiscal years 2005 through 2009, of which not more than 5 percent of \nthe funds made available for a fiscal year may be used by the Secretary \nfor administrative costs of Federal agencies.''.\n\nSEC. 2. TECHNICAL AMENDMENT.\n\n The table of sections in section 1(b) of the Agricultural Risk \nProtection Act of 2000 is amended by inserting after the item relating \nto section 442 the following:\n\n ``Subtitle E--Noxious Weed Control and Eradication\n\n``Sec. 451. Short title.\n``Sec. 452. Definitions.\n``Sec. 453. Establishment of program.\n``Sec. 454. Grants to weed management entities.\n``Sec. 455. Agreements.\n``Sec. 456. Relationship to other programs.\n``Sec. 457. Authorization of Appropriations.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes. Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem. (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems. (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds. (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems. And (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds. Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds. States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands. Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds.","title":"An Act to require the Secretary of Agriculture to establish a program to provide assistance to eligible weed management entities to control or eradicate noxious weeds on public and private land.","text_len":12631,"sum_len":1812} {"bill_id":"114_s490","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Land Freedom Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) as of the date of enactment of this Act--\n (A) 113,000,000 acres of onshore Federal land are \n open and accessible for oil and natural gas \n development; and\n (B) approximately 166,000,000 acres of onshore \n Federal land are off-limits or inaccessible for oil and \n natural gas development;\n (2) despite the recent oil and natural gas boom in the \n United States, the number of acres of Federal land leased for \n oil and natural gas exploration has decreased by 24 percent \n since 2008;\n (3) in 2013, the Federal Government leased only 36,000,000 \n acres of Federal land, in contrast to the 131,000,000 acres \n that were leased in 1984;\n (4) the reduction in leasing of Federal land harms economic \n growth and Federal revenues;\n (5) in 2013, it took 197 days to process applications for \n permits to drill on Federal land; and\n (6) the States have extensive and sufficient regulatory \n frameworks for permitting oil and natural gas development.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Available federal land.--The term ``available Federal \n land'' means any Federal land that, as of May 31, 2013--\n (A) is located within the boundaries of a State;\n (B) is not held by the United States in trust for \n the benefit of a federally recognized Indian tribe;\n (C) is not a unit of the National Park System;\n (D) is not a unit of the National Wildlife Refuge \n System; and\n (E) is not a congressionally designated wilderness \n area.\n (2) State.--The term ``State'' means--\n (A) a State; and\n (B) the District of Columbia.\n (3) State leasing, permitting, and regulatory program.--The \n term ``State leasing, permitting, and regulatory program'' \n means a program established pursuant to State law that \n regulates the exploration and development of oil, natural gas, \n and other forms of energy on land located in the State.\n\nSEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL \n AVAILABLE FEDERAL LAND.\n\n (a) State Leasing, Permitting, and Regulatory Programs.--Any State \nthat has established a State leasing, permitting, and regulatory \nprogram may--\n (1) submit to the Secretaries of the Interior, Agriculture, \n and Energy a declaration that a State leasing, permitting, and \n regulatory program has been established or amended; and\n (2) seek to transfer responsibility for leasing, \n permitting, and regulating oil, natural gas, and other forms of \n energy development from the Federal Government to the State.\n (b) State Action Authorized.--Notwithstanding any other provision \nof law, on submission of a declaration under subsection (a)(1), the \nState submitting the declaration may lease, permit, and regulate the \nexploration and development of oil, natural gas, and other forms of \nenergy on Federal land located in the State in lieu of the Federal \nGovernment.\n (c) Effect of State Action.--Any action by a State to lease, \npermit, or regulate the exploration and development of oil, natural \ngas, and other forms of energy pursuant to subsection (b) shall not be \nsubject to, or considered a Federal action, Federal permit, or Federal \nlicense under--\n (1) subchapter II of chapter 5, and chapter 7, of title 5, \n United States Code (commonly known as the ``Administrative \n Procedure Act'');\n (2) the National Historic Preservation Act (16 U.S.C. 470 \n et seq.);\n (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n seq.); or\n (4) the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.).\n\nSEC. 5. NO EFFECT ON FEDERAL REVENUES.\n\n (a) In General.--Any lease or permit issued by a State pursuant to \nsection 4 shall include provisions for the collection of royalties or \nother revenues in an amount equal to the amount of royalties or \nrevenues that would have been collected if the lease or permit had been \nissued by the Federal Government.\n (b) Disposition of Revenues.--Any revenues collected by a State \nfrom leasing or permitting on Federal land pursuant to section 4 shall \nbe deposited in the same Federal account in which the revenues would \nhave been deposited if the lease or permit had been issued by the \nFederal Government.\n (c) Effect on State Processing Fees.--Nothing in this Act prohibits \na State from collecting and retaining a fee from an applicant to cover \nthe administrative costs of processing an application for a lease or \npermit.","summary":"Federal Land Freedom Act of 2015 This bill permits a state that has an established leasing, permitting, and regulatory program to: (1) declare to the Secretaries of the Interior, of Agriculture, and of Energy that it has either established or amended the program. And (2) seek to transfer to itself, and to implement, existing federal responsibilities for leasing, permitting, and regulating oil, natural gas, and other forms of energy development. Any state action to lease, permit, or regulate oil and gas exploration and development shall not be subject to, or considered, a federal action, a federal permit, or a federal license with respect to specified administrative and environmental laws and is therefore exempt from them. State-issued leases or permits must provide for: (1) the collection of royalties or other revenues in an amount equal to what would have been collected if the lease or permit had been federally issued, and (2) their deposit into the same federal account in which they would have been deposited if the lease or permit had been federally issued. A state may collect and retain lease or permit application processing fees.","title":"Federal Land Freedom Act of 2015","text_len":5079,"sum_len":1151} {"bill_id":"106_hr1822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Steel Loan Guarantee \nProgram''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the United States steel industry has been severely \n harmed by a record surge of more than 40,000,000 tons of steel \n imports into the United States in 1998, caused by the world \n financial crisis;\n (2) this surge in imports resulted in the loss of more than \n 10,000 steel worker jobs in 1998, and was the imminent cause of \n 3 bankruptcies by medium-sized steel companies, Acme Steel, \n Laclede Steel, and Geneva Steel;\n (3) the crisis also forced almost all United States steel \n companies into--\n (A) reduced volume, lower prices, and financial \n losses; and\n (B) an inability to obtain credit for continued \n operations and reinvestment in facilities;\n (4) the crisis also has affected the willingness of private \n banks and investment institutions to make loans to the U.S. \n steel industry for continued operation and reinvestment in \n facilities;\n (5) these steel bankruptcies, job losses, and financial \n losses are also having serious negative effects on the tax base \n of cities, counties, and States, and on the essential health, \n education, and municipal services that these government \n entities provide to their citizens; and\n (6) a strong steel industry is necessary to the adequate \n defense preparedness of the United States in order to have \n sufficient steel available to build the ships, tanks, planes, \n and armaments necessary for the national defense.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Board'' means the Loan Guarantee Board \n established under section 5;\n (2) the term ``Program'' means the Emergency Steel \n Guaranteed Loan Program established under section 4; and\n (3) the term ``qualified steel company'' means any company \n that--\n (A) is incorporated under the laws of any State;\n (B) is engaged in the production and manufacture of \n a product defined by the American Iron and Steel \n Institute as a basic steel mill product, including \n ingots, slab and billets, plates, flat-rolled steel, \n sections and structural products, bars, rail type \n products, pipe and tube, and wire rod; and\n (C) has experienced layoffs, production losses, or \n financial losses since the beginning of the steel \n import crisis, after January 1, 1998.\n\nSEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM.\n\n There is established the Emergency Steel Guaranteed Loan Program, \nto be administered by the Board, the purpose of which is to provide \nloan guarantees to qualified steel companies in accordance with this \nAct.\n\nSEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP.\n\n There is established a Loan Guarantee Board, which shall be \ncomposed of--\n (1) the Secretary of Commerce, who shall serve as Chairman \n of the Board;\n (2) the Secretary of Labor; and\n (3) the Secretary of the Treasury.\n\nSEC. 6. LOAN GUARANTEE PROGRAM.\n\n (a) Authority.--The Program may guarantee loans provided to \nqualified steel companies by private banking and investment \ninstitutions in accordance with the procedures, rules, and regulations \nestablished by the Board.\n (b) Total Guarantee Limit.--The aggregate amount of loans \nguaranteed and outstanding at any one time under this Act may not \nexceed $1,000,000,000.\n (c) Individual Guarantee Limit.--The aggregate amount of loans \nguaranteed under this Act with respect to a single qualified steel \ncompany may not exceed $250,000,000.\n (d) Minimum Guarantee Amount.--No single loan in an amount that is \nless than $25,000,000 may be guaranteed under this Act, except that the \nBoard may, in exceptional circumstances, guarantee smaller loans.\n (e) Timelines.--The Board shall approve or deny each application \nfor a guarantee under this Act as soon as possible after receipt of \nsuch application.\n (f) Additional Costs.--For the additional cost of the loans \nguaranteed under this section, including the costs of modifying the \nloans as defined in section 502 of the Congressional Budget Act of 1974 \n(2 U.S.C. 661a), there is authorized to be appropriated $140,000,000, \nto remain available until expended.\n (g) Requirements for Loan Guarantees.--A loan guarantee may be \nissued under this Act upon application to the Board by a qualified \nsteel company pursuant to an agreement to provide a loan to that \nqualified steel company by a private bank or investment company, if the \nBoard determines that--\n (1) credit is not otherwise available to that company under \n reasonable terms or conditions sufficient to meet its financing \n needs, as reflected in the financial and business plans of that \n company;\n (2) the prospective earning power of that company, together \n with the character and value of the security pledged, furnish \n reasonable assurance of repayment of the loan to be guaranteed \n in accordance with its terms;\n (3) the loan to be guaranteed bears interest at a rate \n determined by the Board to be reasonable, taking into account \n the current average yield on outstanding obligations of the \n United States with remaining periods of maturity comparable to \n the maturity of such loan; and\n (4) the company has agreed to an audit by the General \n Accounting Office, prior to the issuance of the loan guarantee \n and annually while any such guaranteed loan is outstanding.\n (h) Terms and Conditions of Loan Guarantees.--\n (1) Loan duration.--All loans guaranteed under this Act \n shall be payable in full not later than December 31, 2005, and \n the terms and conditions of each such loan shall provide that \n the loan may not be amended, or any provision thereof waived, \n without the consent of the Board.\n (2) Loan security.--Any commitment to issue a loan \n guarantee under this Act shall contain such affirmative and \n negative covenants and other protective provisions that the \n Board determines are appropriate. The Board shall require \n security for the loans to be guaranteed under this Act at the \n time at which the commitment is made.\n (3) Fees.--A qualified steel company receiving a guarantee \n under this Act shall pay a fee in an amount equal to 0.5 \n percent of the outstanding principal balance of the guaranteed \n loan to the Department of the Treasury.\n (i) Reports to Congress.--The Secretary of Commerce shall submit to \nthe Congress annually a full report of the activities of the Board \nunder this Act during fiscal years 1999 and 2000, and annually \nthereafter, during such period as any loan guaranteed under this Act is \noutstanding.\n\nSEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES.\n\n For necessary expenses to administer the Program, there is \nauthorized to be appropriated to the Department of Commerce $5,000,000, \nto remain available until expended, which may be transferred to the \nOffice of the Assistant Secretary for Trade Development of the \nInternational Trade Administration.\n\nSEC. 8. TERMINATION OF GUARANTEE AUTHORITY.\n\n The authority of the Board to make commitments to guarantee any \nloan under this Act shall terminate on December 31, 2001.\n\nSEC. 9. REGULATORY ACTION.\n\n The Board shall issue such final procedures, rules, and regulations \nas may be necessary to carry out this Act not later than 60 days after \nthe date of enactment of this Act.\n\nSEC. 10. IRON ORE COMPANIES.\n\n (a) In General.--Subject to the requirements of this section, an \niron ore company incorporated under the law of any State shall be \ntreated as a qualified steel company for purposes of the Program.\n (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate \namount of loans authorized to be guaranteed and outstanding at any one \ntime under section 6(b), not to exceed $30,000,000 of the amount of \nloans guaranteed and outstanding at any one time shall be loans with \nrespect to iron ore companies.\n (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding \nsection 6(d), a single loan to an iron ore company in an amount of not \nless than $6,000,000 may be guaranteed under this section.\n\nSEC. 11. EMERGENCY DESIGNATION.\n\n The entire amount made available to carry out this Act--\n (1) is designated by the Congress as an emergency \n requirement pursuant to section 251(b)(2)(A) of the Balanced \n Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. \n 901(b)(2)(A)); and\n (2) shall be available only to the extent that an official \n budget request that includes designation of the entire amount \n of the request as an emergency requirement (as defined in the \n Balanced Budget and Emergency Deficit Control Act of 1985) is \n transmitted by the President to the Congress.","summary":"Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor. Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures. Sets forth loan guarantee parameters. Authorizes appropriations. Treats an iron ore company as a qualified steel company for purposes of the Program.","title":"Emergency Steel Loan Guarantee Program","text_len":9451,"sum_len":528} {"bill_id":"113_hr1676","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Johnson Valley National Off-Highway \nVehicle Recreation Area Establishment Act''.\n\nSEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE \n RECREATION AREA.\n\n (a) Designation.--The approximately 188,000 acres of public land \nand interests in land administered by the Secretary of the Interior \nthrough the Bureau of Land Management in San Bernardino County, \nCalifornia, as generally depicted as the ``Johnson Valley Off-Highway \nVehicle Recreation Area'' on the map titled ``Johnson Valley National \nOff-Highway Vehicle Recreation Area and Transfer of the Southern Study \nArea'' and dated April 11, 2013, are hereby designated as the ``Johnson \nValley National Off-Highway Vehicle Recreation Area''.\n (b) Recreational and Conservation Use.--The Johnson Valley National \nOff-Highway Vehicle Recreation Area is designated for the following \npurposes:\n (1) Public recreation (including off-highway vehicle use, \n camping, and hiking) when the lands are not used for military \n training as authorized by section 3.\n (2) Natural resources conservation.\n (c) Withdrawal.--The public land and interests in land included in \nthe Johnson Valley National Off-Highway Vehicle Recreation Area are \nhereby withdrawn from all forms of appropriation under the public land \nlaws, including the mining laws and the mineral leasing and geothermal \nleasing laws.\n (d) Treatment of Existing Rights.--The designation of the Johnson \nValley National Off-Highway Vehicle Recreation Area and the withdrawal \nof the public land and interests in land included in the Recreation \nArea are subject to valid existing rights.\n\nSEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER \n TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL OFF-\n HIGHWAY VEHICLE RECREATION AREA.\n\n (a) Use for Military Purposes Authorized.--Subject to subsection \n(b), the Secretary of the Interior shall authorize the Secretary of the \nNavy to utilize portions of Johnson Valley National Off-Highway Vehicle \nRecreation Area twice in each calendar year for up to a total of 60 \ndays per year for the following purposes:\n (1) Sustained, combined arms, live-fire, and maneuver field \n training for large-scale Marine air-ground task forces.\n (2) Individual and unit live-fire training ranges.\n (3) Equipment and tactics development.\n (4) Other defense-related purposes consistent with the \n purposes specified in the preceding paragraphs.\n (b) Conditions on Military Use.--\n (1) Consultation and public participation requirements.--\n Before the Secretary of the Navy requests the two time periods \n for military use of the Johnson Valley National Off-Highway \n Vehicle Recreation Area in a calendar year, the Secretary of \n the Navy shall--\n (A) consult with the Secretary of the Interior \n regarding the best times for military use to reduce \n interference with or interruption of nonmilitary \n activities authorized by section 2(b); and\n (B) provide for public awareness of and \n participation in the selection process.\n (2) Public notice.--The Secretary of the Navy shall provide \n advance, wide-spread notice before any closure of public lands \n for military use under this section.\n (3) Public safety.--Military use of the Johnson Valley \n National Off-Highway Vehicle Recreation Area during the \n biannual periods authorized by subsection (a) shall be \n conducted in the presence of sufficient range safety officers \n to ensure the safety of military personnel and civilians.\n (4) Certain types of ordnance prohibited.--The Secretary of \n the Navy shall prohibit the use of dud-producing ordnance in \n any military training conducted under subsection (a).\n (c) Implementing Agreement.--\n (1) Agreement required; required terms.--The Secretary of \n the Interior and the Secretary of the Navy shall enter into a \n written agreement to implement this section. The agreement \n shall include a provision for periodic review of the agreement \n for its adequacy, effectiveness, and need for revision.\n (2) Additional terms.--The agreement may provide for--\n (A) the integration of the management plans of the \n Secretary of the Interior and the Secretary of the \n Navy;\n (B) delegation to civilian law enforcement \n personnel of the Department of the Navy of the \n authority of the Secretary of the Interior to enforce \n the laws relating to protection of natural and cultural \n resources and of fish and wildlife; and\n (C) the sharing of resources in order to most \n efficiently and effectively manage the lands.\n (d) Duration.--Any agreement for the military use of the Johnson \nValley National Off-Highway Vehicle Recreation Area shall terminate not \nlater than March 31, 2039.\n\nSEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, \n MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS, \n CALIFORNIA.\n\n (a) Transfer Required.--Not later than September 30, 2014, the \nSecretary of the Interior shall transfer, without reimbursement, to the \nadministrative jurisdiction of the Secretary of the Navy certain public \nland administered by the Bureau of Land Management consisting of \napproximately 20,000 acres in San Bernardino County, California, as \ngenerally depicted as the ``Southern Study Area'' on the map referred \nto in section 2.\n (b) Use of Transferred Land.--Upon the receipt of the land under \nsubsection (a), the Secretary of the Navy shall include the land as \npart of the Marine Corps Air Ground Combat Center Twentynine Palms, \nCalifornia, and authorize use of the land for military purposes.\n (c) Legal Description and Map.--\n (1) Preparation and publication.--The Secretary of the \n Interior shall publish in the Federal Register a legal \n description and map of the public land to be transferred under \n subsection (a).\n (2) Force of law.--The legal description and map filed \n under paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary of the Interior \n may correct clerical and typographical errors in the legal \n description and map.\n (d) Reimbursement of Costs.--The Secretary of the Navy shall \nreimburse the Secretary of the Interior for any costs incurred by the \nSecretary of the Interior to carry out this section.\n\nSEC. 5. WATER RIGHTS.\n\n (a) Water Rights.--Nothing in this Act shall be construed--\n (1) to establish a reservation in favor of the United \n States with respect to any water or water right on lands \n transferred by this Act; or\n (2) to authorize the appropriation of water on lands \n transferred by this Act except in accordance with applicable \n State law.\n (b) Effect on Previously Acquired or Reserved Water Rights.--This \nsection shall not be construed to affect any water rights acquired or \nreserved by the United States before the date of the enactment of this \nAct.\n ","summary":"Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act - Designates approximately 188,000 acres of specified public lands and interests administered by the Bureau of Land Management (BLM) in San Bernardino County in California as the Johnson Valley Off-Highway Vehicle Recreation Area for purposes of public recreation and natural resources conservation. Withdraws the public lands and interests included in the Area from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. Authorizes the Secretary of the Navy to use parts of the Area twice in each year for up to a total of 60 days a year for: (1) sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces, (2) individual and unit live-fire training ranges, (3) equipment and tactics development. And (4) other defense-related purposes. Requires the Secretary, before requesting the two time periods for military use of the Area, to: (1) consult with the Secretary of the Interior regarding the best times for such use to reduce interference with or interruption of the nonmilitary activities authorized by this Act, and (2) provide for public awareness of and participation in the selection process. Requires the Secretary to provide advance, wide-spread notice before any closure of the public lands for military use. Requires military use of the Area during the biannual periods to be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. Prohibits the use of dud-producing ordnance in any such military activity conducted on the Area. Directs the Secretary and the Secretary of the Interior to enter into a written agreement to implement military use of the Area. Requires such agreement to include a provision for the periodic review of such agreement for its adequacy, effectiveness, and need for revision. Permits such agreement to provide for: (1) the integration of the management plans of the Secretaries, (2) delegation to civilian law enforcement personnel of the Department of the Navy of the Secretary of the Interior's authority to enforce laws relating to protection of natural and cultural resources and of fish and wildlife, and (3) the sharing of resources in order to manage the public lands most effectively. Terminates any agreement for the military use of such Area by no later than March 31, 2039. Directs the Secretary of the Interior to transfer, without reimbursement, approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the administrative jurisdiction of the Secretary. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law.","title":"Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act","text_len":7626,"sum_len":3109} {"bill_id":"112_s1465","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Joining Forces for Military Mental \nHealth Act''.\n\nSEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS \n ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES \n THROUGH COMMUNITY PARTNERSHIPS.\n\n (a) Pilot Program Authorized.--\n (1) In general.--The Secretary of Defense may carry out a \n pilot program to assess the feasibility and advisability of \n enhancing the efforts of the Department of Defense in research, \n treatment, education, and outreach on mental health and \n substance use disorders and Traumatic Brain Injury (TBI) in \n members of the National Guard and Reserves, their family \n members, and their caregivers through community partners \n described in subsection (c).\n (2) Duration.--The duration of the pilot program may not \n exceed three years.\n (b) Grants.--In carrying out the pilot program, the Secretary may \naward not more than five grants to community partners described in \nsubsection (c). Any grant so awarded shall be awarded using a \ncompetitive and merit-based award process.\n (c) Community Partners.--A community partner described in this \nsubsection is a private non-profit organization or institution (or \nmultiple organizations and institutions) that--\n (1) engages in each of the research, treatment, education, \n and outreach activities described in subsection (d); and\n (2) meets such qualifications for treatment as a community \n partner as the Secretary shall establish for purposes of the \n pilot program.\n (d) Activities.--Amounts awarded under a grant under the pilot \nprogram shall be utilized by the community partner awarded the grant \nfor one or more of the following:\n (1) To engage in research on the causes, development, and \n innovative treatment of mental health and substance use \n disorders and Traumatic Brain Injury in members of the National \n Guard and Reserves, their family members, and their caregivers.\n (2) To provide treatment to such members and their families \n for such mental health and substance use disorders and \n Traumatic Brain Injury.\n (3) To identify and disseminate evidence-based treatments \n of mental health and substance use disorders and Traumatic \n Brain Injury described in paragraph (1).\n (4) To provide outreach and education to such members, \n their families and caregivers, and the public about mental \n health and substance use disorders and Traumatic Brain Injury \n described in paragraph (1).\n (e) Requirement for Matching Funds.--\n (1) Requirement.--The Secretary may award a grant under \n this section to an organization or institution (or \n organizations and institutions) only if the awardee agrees to \n make contributions toward the costs of activities carried out \n with the grant, from non-Federal sources (whether public or \n private), an amount equal to not less than $3 for each $1 of \n funds provided under the grant.\n (2) Nature of non-federal contributions.--Contributions \n from non-Federal sources for purposes of paragraph (1) may be \n in cash or in-kind, fairly evaluated. Amounts provided by the \n Federal Government, or services assisted or subsidized to any \n significant extent by the Federal Government, may not be \n included in determining the amount of contributions from non-\n Federal sources for such purposes.\n (f) Application.--An organization or institution (or organizations \nand institutions) seeking a grant under this section shall submit to \nthe Secretary an application therefore in such a form and containing \nsuch information as the Secretary considers appropriate, including the \nfollowing:\n (1) A description how the activities proposed to be carried \n out with the grant will help improve collaboration and \n coordination on research initiatives, treatment, and education \n and outreach on mental health and substance use disorders and \n Traumatic Brain Injury among the Armed Forces.\n (2) A description of existing efforts by the applicant to \n put the research described in (c)(1) into practice.\n (3) If the application comes from multiple organizations \n and institutions, how the activities proposed to be carried out \n with the grant would improve coordination and collaboration \n among such organizations and institutions.\n (4) If the applicant proposes to provide services or \n treatment to members of the Armed Forces or family members \n using grant amounts, reasonable assurances that such services \n or treatment will be provided by a qualified provider.\n (5) Plans to comply with subsection (g).\n (g) Exchange of Medical and Clinical Information.--A community \npartner awarded a grant under the pilot program shall agree to any \nrequirements for the sharing of medical or clinical information \nobtained pursuant to the grant that the Secretary shall establish for \npurposes of the pilot program. The exchange of medical or clinical \ninformation pursuant to this subsection shall comply with applicable \nprivacy and confidentiality laws.\n (h) Dissemination of Information.--The Secretary of Defense shall \nshare with the Secretary of Veterans Affairs information on best \npractices in research, treatment, education, and outreach on mental \nhealth and substance use disorders and Traumatic Brain Injury \nidentified by the Secretary of Defense as a result of the pilot \nprogram.\n (i) Report.--Not later than 180 days before the completion of the \npilot program, the Secretary of Defense shall submit to the Secretary \nof Veterans Affairs, and to Congress, a report on the pilot program. \nThe report shall include the following:\n (1) A description of the pilot program, including the \n community partners awarded grants under the pilot program, the \n amount of grants so awarded, and the activities carried out \n using such grant amounts.\n (2) A description of any research efforts advanced using \n such grant amounts.\n (3) The number of members of the National Guard and \n Reserves provided treatment or services by community partners \n using such grant amounts, and a summary of the types of \n treatment and services so provided.\n (4) A description of the education and outreach activities \n undertaken using such grant amounts.\n (5) A description of efforts to exchange clinical \n information under subsection (g).\n (6) A description and assessment of the effectiveness and \n achievements of the pilot program with respect to research, \n treatment, education, and outreach on mental health and \n substance use disorders and Traumatic Brain Injury.\n (7) Such recommendations as the Secretary of Defense \n considers appropriate in light of the pilot program on the \n utilization of organizations and institutions such as community \n partners under the pilot program in efforts of the Department \n described in subsection (a).\n (8) A description of the metrics used by the Secretary in \n making recommendations under paragraph (7).\n (j) Available Funds.--Funds for the pilot program shall be derived \nfrom amounts authorized to be appropriated for the Department of \nDefense for Defense Health Program and otherwise available for \nobligation and expenditure.\n (k) Definitions.--In this section, the terms ``family member'' and \n``caregiver'', in the case of a member of the National Guard or \nReserves, have the meaning given such terms in section 1720G(d) of \ntitle 38, United States Code, with respect to a veteran.","summary":"Joining Forces for Military Mental Health Act - Authorizes the Secretary of Defense, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of Department of Defense (DOD) efforts in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive or merit-based award process, to award up to five grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources of at least $3 for each $1 provided under the grant. Requires grant-seeking organizations to submit an application including a description of proposed collaboration initiatives and existing research efforts.","title":"A bill to authorize a pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships, and for other purposes.","text_len":8069,"sum_len":894} {"bill_id":"112_hr3565","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reconnecting Congress with America \nAct of 2011''.\n\nSEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO \n FEDERAL BUDGET DEFICIT.\n\n (a) Determination of Salaries.--The annual rate of pay for a Member \nof Congress (including a Delegate or Resident Commissioner to the \nCongress) for pay periods occurring in a calendar year shall be equal \nto the following:\n (1) If, with respect to the most recent fiscal year ending \n before that calendar year, the Federal deficit was equal to or \n greater than 3 percent of the gross domestic product, 80% of \n the base rate applicable to the Member.\n (2) If, with respect to the most recent fiscal year ending \n before that calendar year, the Federal deficit was less than 3 \n percent of the gross domestic product, 90% of the base rate \n applicable to the Member.\n (3) If, with respect to the most recent fiscal year ending \n before that calendar year, there was no Federal deficit, 100% \n of the base rate applicable to the Member.\n (b) Federal Deficit.--\n (1) Definition.--For purposes of this section, the term \n ``Federal deficit'' means, with respect to a fiscal year, the \n amount by which outlays of the Federal Government exceeded \n receipts of the Government for that fiscal year.\n (2) Report by secretary of the treasury.--Not later than 30 \n days after the end of each fiscal year (beginning with fiscal \n year 2011), the Secretary of the Treasury shall--\n (A) make a determination of the gross domestic \n product for that fiscal year;\n (B) make a determination of whether a Federal \n deficit existed with respect to that fiscal year, and, \n if so, the amount of such Federal deficit; and\n (C) submit a report of such determinations to \n Congress.\n (c) Base Rate.--For purposes of this section, the ``base rate'' \napplicable to a Member of Congress means--\n (1) in the case of the Speaker of the House of \n Representatives, $223,500;\n (2) in the case of the President pro tempore of the Senate, \n the majority leader and the minority leader of the Senate, and \n the majority leader and the minority leader of the House of \n Representatives, $193,400; and\n (3) in the case of any other Member of Congress, $174,000.\n (d) Conforming Amendment.--Section 601(a) of the Legislative \nReorganization Act of 1946 (2 U.S.C. 31) is repealed.\n (e) Effective Date.--\n (1) In general.--This section and the amendments made by \n this section shall apply with respect to pay periods occurring \n on or after January 1, 2013.\n (2) Sense of congress regarding voluntary return of \n salary.--It is the sense of Congress that, during pay periods \n occurring after the date of enactment of this Act and prior to \n the date referred to in paragraph (1), each Member of Congress \n should voluntarily adjust the amount of the Member's salary to \n reflect the annual rates of pay that will take effect on such \n date.\n\nSEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS.\n\n (a) Civil Service Retirement System.--\n (1) Member contribution.--Notwithstanding any provision of \n subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, \n United States Code, for any period beginning on or after date \n of enactment of this Act, the contributions payable by a Member \n of Congress under such provision for such period shall be equal \n to the percentage that would otherwise apply plus 4.9 \n percentage points.\n (2) Government contribution.--Notwithstanding any provision \n of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such \n title, for any period beginning on or after date of enactment \n of this Act, the contributions payable under such provision for \n a Member of Congress shall be equal to the percentage that \n would otherwise apply minus 4.9 percentage points.\n (b) Federal Employees' Retirement System.--\n (1) Member contribution.--Notwithstanding any provision of \n section 8422(a) of title 5, United States Code, for any period \n beginning on or after date of enactment of this Act, the \n contributions payable by a Member of Congress under such \n provision for such period shall be equal to the percentage that \n would otherwise apply plus 4.9 percentage points.\n (2) Government contribution.--Notwithstanding any provision \n of section 8423 of such title, for any period beginning on or \n after date of enactment of this Act, the contributions payable \n under such provision for a Member of Congress shall be equal to \n the percentage that would otherwise apply (disregarding \n paragraph (1)) minus 4.9 percentage points.\n\nSEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON \n NONPUBLIC INFORMATION RELATING TO CONGRESS.\n\n (a) Nonpublic Information Relating to Congress and Other Federal \nEmployees.--\n (1) Commodities transactions.--Section 4c of the Commodity \n Exchange Act (7 U.S.C. 6c) is amended by adding at the end the \n following:\n ``(h) Nonpublic Information Relating to Congress.--Not later than \n270 days after the date of enactment of this subsection, the Commission \nshall by rule prohibit any person from buying or selling any commodity \nfor future delivery or swap while such person is in possession of \nmaterial nonpublic information, as defined by the Commission, relating \nto any pending or prospective legislative action relating to such \ncommodity if--\n ``(1) such information was obtained by reason of such \n person being a Member or employee of Congress; or\n ``(2) such information was obtained from a Member or \n employee of Congress, and such person knows that the \n information was so obtained.\n ``(i) Nonpublic Information Relating to Other Federal Employees.--\n ``(1) Rulemaking.--Not later than 270 days after the date \n of enactment of this subsection, the Commission shall by rule \n prohibit any person from buying or selling any commodity for \n future delivery or swap while such person is in possession of \n material nonpublic information derived from Federal employment \n and relating to such commodity if--\n ``(A) such information was obtained by reason of \n such person being an employee of an agency, as such \n term is defined in section 551(1) of title 5, United \n States Code; or\n ``(B) such information was obtained from such an \n employee, and such person knows that the information \n was so obtained.\n ``(2) Material nonpublic information.--For purposes of this \n subsection, the term `material nonpublic information' means any \n information that an employee of an agency (as such term is \n defined in section 551(1) of title 5, United States Code) gains \n by reason of Federal employment and that such employee knows or \n should know has not been made available to the general public, \n including information that--\n ``(A) is routinely exempt from disclosure under \n section 552 of title 5, United States Code, or \n otherwise protected from disclosure by statute, \n Executive order, or regulation;\n ``(B) is designated as confidential by an agency; \n or\n ``(C) has not actually been disseminated to the \n general public and is not authorized to be made \n available to the public on request.''.\n (2) Securities transactions.--Section 10 of the Securities \n Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at \n the end the following:\n ``(d) Nonpublic Information Relating to Congress.--Not later than \n270 days after the date of enactment of this subsection, the Commission \nshall by rule prohibit any person from buying or selling the securities \nor security based swaps of any issuer while such person is in \npossession of material nonpublic information, as defined by the \nCommission, relating to any pending or prospective legislative action \nrelating to such issuer if--\n ``(1) such information was obtained by reason of such \n person being a Member or employee of Congress; or\n ``(2) such information was obtained from a Member or \n employee of Congress, and such person knows that the \n information was so obtained.\n ``(e) Nonpublic Information Relating to Other Federal Employees.--\n ``(1) Rulemaking.--Not later than 270 days after the date \n of enactment of this subsection, the Commission shall by rule \n prohibit any person from buying or selling the securities or \n security based swaps of any issuer while such person is in \n possession of material nonpublic information derived from \n Federal employment and relating to such issuer if--\n ``(A) such information was obtained by reason of \n such person being an employee of an agency, as such \n term is defined in section 551(1) of title 5, United \n States Code; or\n ``(B) such information was obtained from such an \n employee, and such person knows that the information \n was so obtained.\n ``(2) Material nonpublic information.--For purposes of this \n subsection, the term `material nonpublic information' means any \n information that an employee of an agency (as such term is \n defined in section 551(1) of title 5, United States Code) gains \n by reason of Federal employment and that such employee knows or \n should know has not been made available to the general public, \n including information that--\n ``(A) is routinely exempt from disclosure under \n section 552 of title 5, United States Code, or \n otherwise protected from disclosure by statute, \n Executive order, or regulation;\n ``(B) is designated as confidential by an agency; \n or\n ``(C) has not actually been disseminated to the \n general public and is not authorized to be made \n available to the public on request.''.\n (b) Committee Hearings on Implementation.--\n (1) In general.--The Committee on Agriculture of the House \n of Representatives shall hold a hearing on the implementation \n by the Commodity Futures Trading Commission of subsections (h) \n and (i) of section 4c of the Commodity Exchange Act (as added \n by subsection (a)), and the Committee on Financial Services of \n the House of Representatives shall hold a hearing on the \n implementation by the Securities Exchange Commission of \n subsections (d) and (e) of section 10 of the Securities \n Exchange Act of 1934 (as added by subsection (a)).\n (2) Exercise of rulemaking authority.--Paragraph (1) is \n enacted--\n (A) as an exercise of the rulemaking power of the \n House of Representatives and, as such, shall be \n considered as part of the rules of the House, and such \n rules shall supersede any other rule of the House only \n to the extent that rule is inconsistent therewith; and\n (B) with full recognition of the constitutional \n right of the House to change such rules (so far as \n relating to the procedure in the House) at any time, in \n the same manner, and to the same extent as in the case \n of any other rule of the House.\n\nSEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS.\n\n It is the sense of Congress that any law enacted by Congress should \napply to Members of Congress in the same manner and to the same extent \nas the law applies to other individuals.","summary":"Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80 of the applicable base rate if the federal deficit was equal to or greater than 3 of the gross domestic product (GDP), (2) 90 of the applicable rate if the federal deficit was less than 3 of GDP, and (3) 100 of the applicable rate if there was no federal deficit. Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress. Increases by 4.9 the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9 increase. Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.","title":"To reduce the salaries of Members of Congress if a Federal budget deficit exists, prohibit commodities and securities trading based on non-public information relating to Congress, and for other purposes.","text_len":12630,"sum_len":2059} {"bill_id":"111_hr5928","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Disability Claims \nEfficiency Act of 2010''.\n\nSEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROCESSING.\n\n (a) Establishment of Fast Track Interim Disability Ratings.--\nSection 1157 of title 38, United States Code, is amended--\n (1) by striking ``The Secretary'' and inserting the \n following:\n ``(a) In General.--The Secretary''; and\n (2) by adding at the end the following new subsection:\n ``(b) Fast Track Interim Disability Ratings.--(1) In the case of a \nveteran who submits to the Secretary a claim for compensation under \nthis chapter for more than one condition and the Secretary determines \nthat a disability rating can be assigned without further development \nfor one or more conditions but not all conditions in the claim, the \nSecretary shall--\n ``(A) expeditiously review the claim in accordance \n with section 5103B of this title;\n ``(B) assign an interim disability rating for each \n condition that the Secretary determines could be \n assigned without further development (except as \n provided in paragraph (3)(A)); and\n ``(C) continue development of the remaining \n conditions.\n ``(2) If the Secretary is able to assign a disability rating for a \ncondition described in paragraph (1)(C) with respect to a claim, the \nSecretary shall assign such rating and combine such rating with each \ninterim rating previously assigned under paragraph (1)(B) with respect \nto that claim.\n ``(3)(A) With respect to an interim disability rating assigned \nunder paragraph (1)(B) for a condition that is rated less than the \nmaximum rate, the Secretary shall continue development of such \ncondition.\n ``(B) Except as provided in subparagraph (C), an interim disability \nrating assigned under paragraph (1)(B) for a condition shall remain in \neffect unless the Secretary later assigns an increased rating for such \ncondition.\n ``(C) Under regulations prescribed by the Secretary, subparagraph \n(B) shall not apply to an interim disability rating assigned under \nparagraph (1)(B) for a condition if--\n ``(i) such rating was based on fraud; or\n ``(ii) such condition improves.''.\n (b) Establishment of Fast Track Claim Review Process.--\n (1) In general.--Subchapter I of chapter 51 of title 38, \n United States Code, is amended by inserting after section 5103A \n the following new section:\n``Sec. 5103B. Expedited review of initial claims for disability \n compensation\n ``(a) Process Required.--The Secretary shall establish a process \nfor the rapid identification of initial claims for disability \ncompensation that should, in the adjudication of such claims, receive \npriority in the order of review.\n ``(b) Review of Initial Claims.--As part of the process required by \nsubsection (a), the Secretary shall carry out a preliminary review of \nall initial claims for disability compensation submitted to the \nSecretary in order to identify whether--\n ``(1) the claims have the potential of being adjudicated \n quickly, including claims where an interim disability rating \n could be assigned under section 1157(b)(1)(B) of this title;\n ``(2) the claims qualify for priority treatment under \n paragraph (2) of subsection (c); and\n ``(3) a temporary disability rating could be assigned with \n respect to the claims under section 1156 of this title.\n ``(c) Priority in Adjudication of Initial Claims.--(1) As part of \nthe process required by subsection (a) and except as provided in \nparagraph (2), the Secretary shall, in the adjudication of initial \nclaims for disability compensation submitted to the Secretary, give \npriority in the order of review of such claims to claims identified \nunder subsection (b)(1) as having the potential of being adjudicated \nquickly.\n ``(2) Under regulations prescribed for such purpose, the Secretary \nmay provide priority in the order of review of initial claims for \ndisability compensation based on the effect such priority would have on \na claimant.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 51 of such title is amended by inserting \n after the item relating to section 5103A, the following new \n item:\n\n``5103B. Expedited review of initial claims for disability \n compensation''.\n (c) Reports.--\n (1) First interim report.--Not later than one year after \n the date of the enactment of this Act, the Secretary of \n Veterans Affairs shall submit to the appropriate congressional \n committees a report on--\n (A) the implementation of sections 1157(b) and \n 5103B of title 38, United States Code, as added by this \n section;\n (B) the workflow of the employees of the Department \n of Veterans Affairs who review and process claims for \n disability compensation, including an analysis of--\n (i) the efficiency of such employees; and\n (ii) whether such claims are directed to \n such employees based on the complexity of the \n claim in relation to the experience and skill \n of the employee; and\n (C) pilot programs carried out by the Secretary \n relating to the review and process of claims for \n disability compensation, including--\n (i) the status of such pilot programs;\n (ii) an evaluation of any best practices \n learned from such pilot programs; and\n (iii) whether such practices should be \n expanded.\n (2) Second interim report.--Not later than 18 months after \n the date of the enactment of this Act, the Secretary shall \n submit to the appropriate congressional committees an update to \n the report submitted under paragraph (1).\n (3) Final report.--Not later than two years after the date \n of the enactment of this Act, the Secretary shall submit to the \n appropriate congressional committees an update to the report \n submitted under paragraph (2).\n (4) Appropriate congressional committees.--In this \n subsection, the term ``appropriate congressional committees'' \n means the Committee on Veterans' Affairs of the House of \n Representatives and the Committee on Veterans' Affairs of the \n Senate.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act, and shall apply with \nrespect to claims for disability compensation filed on or after the \ndate that is two years after the date of the enactment of this Act.","summary":"Veterans' Disability Claims Efficiency Act of 2010 - Allows the Secretary of Veterans Affairs (VA), in the case of a disability claim with multiple conditions, to assign an interim disability rating for the condition(s) that can be assigned without further development and to continue development of the remaining condition(s). Requires an interim disability rating to remain in effect unless the Secretary later assigns an increased rating for such condition. Prohibits the continuation of such rating if the rating was based on fraud or the condition improves. Directs the Secretary to establish a process for the rapid identification of initial claims for disability compensation that should, in adjudication, receive priority in the order of review. Requires the Secretary to identify whether claims have the potential of being adjudicated quickly, the claims qualify for priority treatment, and a temporary disability rating could be assigned for such claims. Authorizes the Secretary to provide priority based on the effect such priority would have on a claimant.","title":"To amend title 38, United States Code, to improve the efficiency of processing certain claims for disability compensation by veterans.","text_len":7130,"sum_len":1069} {"bill_id":"107_hr3","text":"SECTION 1. SHORT TITLE; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Economic Growth \nand Tax Relief Act of 2001''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n (c) Section 15 Not To Apply.--No amendment made by section 2 shall \nbe treated as a change in a rate of tax for purposes of section 15 of \nthe Internal Revenue Code of 1986.\n\nSEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS.\n\n (a) In General.--Section 1 is amended by adding at the end the \nfollowing new subsection:\n ``(i) Rate Reductions After 2000.--\n ``(1) New lowest rate bracket.--\n ``(A) In general.--In the case of taxable years \n beginning after December 31, 2000--\n ``(i) the rate of tax under subsections \n (a), (b), (c), and (d) on taxable income not \n over the initial bracket amount shall be 12 \n percent (as modified by paragraph (2)), and\n ``(ii) the 15 percent rate of tax shall \n apply only to taxable income over the initial \n bracket amount.\n ``(B) Initial bracket amount.--For purposes of this \n subsection, the initial bracket amount is--\n ``(i) $12,000 in the case of subsection \n (a),\n ``(ii) $10,000 in the case of subsection \n (b), and\n ``(iii) \\1\/2\\ the amount applicable under \n clause (i) in the case of subsections (c) and \n (d).\n ``(C) Inflation adjustment.--In prescribing the \n tables under subsection (f) which apply with respect to \n taxable years beginning in calendar years after 2001--\n ``(i) the Secretary shall make no \n adjustment to the initial bracket amount for \n any taxable year beginning before January 1, \n 2007,\n ``(ii) the cost-of-living adjustment used \n in making adjustments to the initial bracket \n amount for any taxable year beginning after \n December 31, 2006, shall be determined under \n subsection (f)(3) by substituting `2005' for \n `1992' in subparagraph (B) thereof, and\n ``(iii) such adjustment shall not apply to \n the amount referred to in subparagraph \n (B)(iii).\n If any amount after adjustment under the preceding \n sentence is not a multiple of $50, such amount shall be \n rounded to the next lowest multiple of $50.\n ``(2) Reductions in rates after 2001.--In the case of \n taxable years beginning in a calendar year after 2001, the \n corresponding percentage specified for such calendar year in \n the following table shall be substituted for the otherwise \n applicable tax rate in the tables under subsections (a), (b), \n (c), (d), and, to the extent applicable, (e).\n\n\n------------------------------------------------------------------------\n ``In the case of The corresponding percentages shall be\n taxable years substituted for the following percentages:\n beginning during --------------------------------------------\n calendar year: 12% 28% 31% 36% 39.6%\n------------------------------------------------------------------------\n 2002............. 12% 27% 30% 35% 38%\n 2003............. 11% 27% 29% 35% 37%\n 2004............. 11% 26% 28% 34% 36%\n 2005............. 11% 26% 27% 34% 35%\n 2006 and 10% 25% 25% 33% 33%\n thereafter.\n------------------------------------------------------------------------\n\n ``(3) Adjustment of tables.--The Secretary shall adjust the \n tables prescribed under subsection (f) to carry out this \n subsection.''.\n (b) Repeal of Reduction of Refundable Tax Credits.--\n (1) Subsection (d) of section 24 is amended by striking \n paragraph (2) and redesignating paragraph (3) as paragraph (2).\n (2) Section 32 is amended by striking subsection (h).\n (c) Conforming Amendments.--\n (1) Subparagraph (B) of section 1(g)(7) is amended--\n (A) by striking ``15 percent'' in clause (ii)(II) \n and inserting ``the first bracket percentage'', and\n (B) by adding at the end the following flush \n sentence:\n ``For purposes of clause (ii), the first bracket \n percentage is the percentage applicable to the lowest \n income bracket in the table under subsection (c).''\n (2) Section 1(h) is amended--\n (A) by striking ``28 percent'' both places it \n appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and \n inserting ``25 percent'', and\n (B) by striking paragraph (13).\n (3) Section 15 is amended by adding at the end the \n following new subsection:\n ``(f) Rate Reductions Enacted by Economic Growth and Tax Relief Act \nof 2001.--This section shall not apply to any change in rates under \nsubsection (i) of section 1 (relating to rate reductions after \n2000).''.\n (4) Section 531 is amended by striking ``equal to'' and all \n that follows and inserting ``equal to the product of the \n highest rate of tax under section 1(c) and the accumulated \n taxable income.''.\n (5) Section 541 is amended by striking ``equal to'' and all \n that follows and inserting ``equal to the product of the \n highest rate of tax under section 1(c) and the undistributed \n personal holding company income.''.\n (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, \n 28, or 31 percent'' and inserting ``7 percent, any percentage \n applicable to any of the 3 lowest income brackets in the table \n under section 1(c),''.\n (7) Section 3402(p)(2) is amended by striking ``equal to 15 \n percent of such payment'' and inserting ``equal to the product \n of the lowest rate of tax under section 1(c) and such \n payment''.\n (8) Section 3402(q)(1) is amended by striking ``equal to 28 \n percent of such payment'' and inserting ``equal to the product \n of the third to the lowest rate of tax under section 1(c) and \n such payment''.\n (9) Section 3402(r)(3) is amended by striking ``31 \n percent'' and inserting ``the third to the lowest rate of tax \n under section 1(c)''.\n (10) Section 3406(a)(1) is amended by striking ``equal to \n 31 percent of such payment'' and inserting ``equal to the \n product of the third to the lowest rate of tax under section \n 1(c) and such payment''.\n (11) Section 13273 of the Revenue Reconciliation Act of \n 1993 is amended by striking ``28 percent'' and inserting ``the \n third to the lowest rate of tax under section 1(c) of the \n Internal Revenue Code of 1986''.\n (d) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 2000.\n (2) Amendments to withholding provisions.--The amendments \n made by paragraphs (6), (7), (8), (9), (10), and (11) of \n subsection (c) shall apply to amounts paid after the 60th day \n after the date of the enactment of this Act.\n\nSEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE.\n\n The amounts transferred to any trust fund under the Social Security \nAct shall be determined as if this Act had not been enacted.\n\n Passed the House of Representatives March 8, 2001.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Economic Growth and Tax Relief Act of 2001 - States that tax rate revisions made by this Act shall not be treated as a tax rate change for purposes of applying the pre-and post-change tax rates under section 15 of the Internal Revenue Code. Amends the Code, as of tax year 2001, to establish a 12 percent individual tax bracket for each filing status. Caps taxable income levels for the 12 percent bracket at: (1) $12,000 for married individuals filing jointly, (2) $10,000 for heads of households. And (3) $6,000 for unmarried individuals or married individuals filing separately. Applies the current 15 percent bracket to income levels above the 12 percent caps but below current 15 percent caps. Prohibits minimum bracket amount inflation adjustments through tax year 2006. Revises the cost-of-living adjustment formula, as of tax year 2007. Provides, beginning in tax year 2002, for specified reductions in the 12. 28, 31, 36, and 39.6 percent individual brackets, so that as of 2006 and thereafter, there shall be four tax brackets of 10, 15, 25, and 33 percent. Repeals mandatory reductions in the additional child tax credit and the earned income credit for taxpayers subject to the alternative minimum tax. Revises current tax rates in conformity with the amendments made by this Act respecting: (1) accumulated corporate earnings, (2) personal holding companies. (3) voluntary withholding on certain Federal payments, unemployment benefits, gambling winnings, and Indian casino profits, (3) backup withholding. And (4) supplemental wage payments. States that amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted.","title":"To amend the Internal Revenue Code of 1986 to reduce individual income tax rates.","text_len":8754,"sum_len":1682} {"bill_id":"108_s1610","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defined Benefit Pension Plan Reform \nAct of 2003''.\n\nSEC. 2. MULTIEMPLOYER PLAN EMERGENCY INVESTMENT LOSS RULE.\n\n (a) Amendment to the Internal Revenue Code of 1986.--Section \n412(b)(7) of the Internal Revenue Code of 1986 (relating to special \nrules for multiemployer plans) is amended by adding at the end the \nfollowing:\n ``(F) Emergency investment loss method.--\n ``(i) In general.--In lieu of amortizing \n net experience loss as prescribed in paragraph \n (2)(B)(iv), a multiemployer plan may elect to \n use the emergency investment loss method \n described in this subparagraph, starting with \n the first plan year in which there is an \n emergency investment loss.\n ``(ii) Emergency investment loss.--An \n emergency investment loss for any plan year \n beginning on or after July 1, 1999, and ending \n before January 1, 2004, is the amount (if any) \n by which--\n ``(I) the fair market value of the \n plan's assets as of the last day of the \n plan year, is less than\n ``(II) the fair market value which \n would have been determined if the \n plan's earnings for the plan year had \n been equal to the projected investment \n return based on the actuarial interest \n rate under paragraph (5)(A) for the \n plan year, applied to the fair market \n value of assets as of the beginning of \n the year and noninvestment cash flows \n during the year.\n ``(iii) Amortization of emergency \n investment loss.--The funding standard account \n shall be charged with the amounts necessary to \n amortize in equal annual installments (until \n fully amortized) the plan's emergency \n investment loss over a period of 30 plan years.\n ``(iv) Treatment of adjusted net actuarial \n experience.--If an election is in effect for \n any plan year described in clause (ii)--\n ``(I) any net experience gain \n otherwise determined for such year \n under paragraph (2)(B)(iv) shall be \n increased by an amount equal to the \n emergency investment loss for such \n year, and\n ``(II) any net experience loss \n otherwise determined for such year \n under paragraph (3)(B)(ii) shall be \n reduced by the emergency investment \n loss for such year, except that if such \n emergency investment loss exceeds such \n net experience loss, the excess shall \n be treated as a net experience gain for \n such year for purposes of paragraph \n (2)(B)(iv).''\n (b) Amendment to the Employee Retirement Income Security Act of \n1974.--Section 302(b)(7) of the Employee Retirement Income Security Act \nof 1974 (29 U.S.C. 1082(b)(7)) is amended by adding at the end the \nfollowing:\n ``(F)(i) In lieu of amortizing net experience loss as prescribed in \nparagraph (2)(B)(iv), a multiemployer plan may elect to use the \nemergency investment loss method described in this subparagraph, \nstarting with the first plan year in which there is an emergency \ninvestment loss.\n ``(ii) An emergency investment loss for any plan year beginning on \nor after July 1, 1999, and ending before January 1, 2004, is the amount \n(if any) by which--\n ``(I) the fair market value of the plan's assets as of the \n last day of the plan year, is less than\n ``(II) the fair market value which would have been \n determined if the plan's earnings for the plan year had been \n equal to the projected investment return based on the actuarial \n interest rate under paragraph (5)(A) for the plan year, applied \n to the fair market value of assets as of the beginning of the \n year and noninvestment cash flows during the year.\n ``(iii) The funding standard account shall be charged with the \namounts necessary to amortize in equal annual installments (until fully \namortized) the plan's emergency investment loss over a period of 30 \nplan years.\n ``(iv) If an election is in effect for any plan year described in \nclause (ii)--\n ``(I) any net experience gain otherwise determined for such \n year under paragraph (2)(B)(iv) shall be increased by an amount \n equal to the emergency investment loss for such year, and\n ``(II) any net experience loss otherwise determined for \n such year under paragraph (3)(B)(ii) shall be reduced by the \nemergency investment loss for such year, except that if such emergency \ninvestment loss exceeds such net experience loss, the excess shall be \ntreated as a net experience gain for such year for purposes of \nparagraph (2)(B)(iv).''\n (c) Election Procedure.--\n (1) In general.--The Secretary of the Treasury shall \n prescribe a procedure under which multiemployer plans that \n elect to use the emergency investment loss method described in \n section 412(b)(7)(F) of the Internal Revenue Code of 1986 and \n section 302(b)(7)(F) of the Employee Retirement Income Security \n Act of 1974 may do so either by starting the special \n amortization periods in the actuarial valuations for each of \n the affected plan years or by starting with a cumulative \n emergency investment loss and adjusted net actuarial experience \n (based on the outstanding balance of the experience gain bases \n for the affected plan years, reduced by the cumulative \n emergency investment loss) in the actuarial valuation for the \n last plan year ending before January 1, 2004.\n (2) Filing period.--The procedures described in paragraph \n (1) shall provide a period of not less than 210 days after the \n date of enactment of this Act for multiemployer plans to file \n Schedule Bs (relating to actuarial information under the plan) \n to the Form 5500 Annual Reports for the plan years for which \n the emergency investment loss method is elected, including \n amended Schedule Bs for annual reports previously filed.\n (d) Effective Date.--The amendments made by this section shall \napply to years beginning after June 30, 1999.\n\nSEC. 3. MORTALITY TABLE ADJUSTMENT.\n\n (a) Amendment to the Internal Revenue Code of 1986.--Section \n412(l)(7)(C) of the Internal Revenue Code of 1986 is amended by adding \nat the end the following:\n ``(iv) Separate mortality tables for blue-\n collar and white-collar workers.--\n ``(I) In general.--Notwithstanding \n clause (ii), in the case of plan years \n beginning after December 31, 2003, the \n Secretary shall establish separate \n mortality tables for blue-collar \n workers and white-collar workers which \n may be used (in lieu of the tables \n under clause (ii)) to determine current \n liability under this subsection. For \n this purpose, the Secretary shall take \n into account the Society of Actuaries \n RP-2000 Mortality Table, as adjusted to \n take into account the collar adjustment \n prescribed in such table to reflect the \n workforce covered by the plan.\n ``(II) Classification of workers.--\n For purposes of this clause, \n individuals shall be classified as \n blue-collar or white-collar workers \n under rules prescribed by the \n Secretary. In prescribing such rules, \n the Secretary shall treat professional \n employees (within the meaning of \n section 410) as white-collar workers.\n ``(III) Consistent use.--If an \n employer elects to use the tables \n prescribed under subclause (I) for any \n plan established or maintained by the \n employer, the employer shall use the \n tables for all such plans other than a \n plan for which use of the tables is \n prohibited under regulations prescribed \n by the Secretary.''.\n (b) Amendment to the Employee Retirement Income Security Act of \n1974.--Section 302(d)(7)(C) of the Employee Retirement Income Security \nAct of 1974 (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the end \nthe following:\n ``(iv) Separate mortality tables for blue-\n collar and white-collar workers.--\n ``(I) In general.--Notwithstanding \n clause (ii), in the case of plan years \n beginning after December 31, 2003, the \n Secretary of the Treasury shall \n establish separate mortality tables for \n blue-collar workers and white-collar \n workers which may be used (in lieu of \n the tables under clause (ii)) to \n determine current liability under this \n subsection. For this purpose, the \n Secretary of the Treasury shall take \n into account the Society of Actuaries \n RP-2000 Mortality Table, as adjusted to \n take into account the collar adjustment \n prescribed in such table to reflect the \n workforce covered by the plan.\n ``(II) Classification of workers.--\n For purposes of this clause, \n individuals shall be classified as \n blue-collar or white-collar workers \n under rules prescribed by the Secretary \n of the Treasury. In prescribing such \n rules, the Secretary of the Treasury \n shall treat professional employees \n (within the meaning of section 410 of \n the Internal Revenue Code of 1986) as \n white-collar workers.\n ``(III) Consistent use.--If an \n employer elects to use the tables \n prescribed under subclause (I) for any \n plan established or maintained by the \n employer, the employer shall use the \n tables for all such plans other than a \n plan for which use of the tables is \n prohibited under regulations prescribed \n by the Secretary of the Treasury.''.\n (c) Effective Date.--The amendments made by this section shall be \neffective as of the date of the enactment of this Act.\n\nSEC. 4. MODIFICATION OF FULL-FUNDING LIMITATION FOR PURPOSES OF \n DEDUCTION LIMITS ON EMPLOYER PENSION CONTRIBUTIONS.\n\n (a) In General.--Section 404(a)(1)(A) of the Internal Revenue Code \nof 1986 (relating to limitation on deductibility of employer \ncontributions) is amended by adding at the end the following: ``In \ndetermining the full funding limitation for purposes of the preceding \nsentence for any year beginning after December 31, 2003, the amount \ndetermined under section 412(c)(7)(A)(i) shall in no event be treated \nas being less than 130 percent of current liability (including the \nexpected increase in current liability due to benefits accruing during \nthe year).''\n (b) Effective Date.--The amendments made by this section shall \napply to years beginning after December 31, 2003.\n\nSEC. 5. REQUIRED NOTIFICATION OF PARTICIPANTS AND BENEFICIARIES OF PLAN \n TERMINATIONS BY PENSION BENEFIT GUARANTY CORPORATION.\n\n (a) In General.--Section 4042(b) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1342(b)) is amended by adding at the \nend the following:\n ``(4)(A) Not later than 30 days after the corporation notifies a \nplan administrator under this subsection regarding the commencement of \nproceedings to terminate a plan under this section, the corporation \nshall provide notice of such proceedings to affected parties as \nprovided in this paragraph. The notice shall state that such \ntermination is intended, the proposed termination date, and the \nprocedure for such termination under this section.\n ``(B) Upon notice to the plan of the commencement of proceedings, \nthe plan administrator shall provide the corporation with a list of the \nnames and addresses of all participants and beneficiaries of the plan.\n ``(C) The corporation shall provide--\n ``(i) written notice to each affected party of the plan; \n and\n ``(ii) notice in the 2 newspapers with the largest \n circulation in the area of the majority of the affected \n parties.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto proceedings commenced after the date of enactment of this Act.","summary":"Defined Benefit Pension Reform Plan of 2003 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) concerning minimum funding standards for pension plans to: (1) permit a multiemployer plan to elect to use an emergency investment loss method , starting in the first plan year in which there is an emergency investment loss. And (2) establish separate mortality tables for blue-collar and white-collar workers which may be used in lieu of the current table. Amends the Code to modify the full-funding limitation for purposes of the deduction limits on employer pension contributions. Amends ERISA to require notification of participants and beneficiaries of plan terminations by the Pension Benefit Guaranty Corporation.","title":"A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure the adequate funding of pension plans, and for other purposes.","text_len":15209,"sum_len":763} {"bill_id":"115_s2603","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Complete America's Great Trails \nAct''.\n\nSEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to the fair market value of any National Scenic Trail \nconservation contribution of the taxpayer for the taxable year.\n ``(b) National Scenic Trail Conservation Contribution.--For \npurposes of this section--\n ``(1) In general.--The term `National Scenic Trail \n conservation contribution' means any qualified conservation \n contribution--\n ``(A) to the extent the qualified real property \n interest with respect to such contribution includes a \n National Scenic Trail (or portion thereof) and its \n trail corridor, and\n ``(B) with respect to which the taxpayer makes an \n election under this section.\n ``(2) National scenic trail.--The term `National Scenic \n Trail' means any trail authorized and designated under section \n 5 of the National Trails System Act (16 U.S.C. 1244), but only \n if such trail is at least 200 miles in length.\n ``(3) Trail corridor.--\n ``(A) In general.--The term `trail corridor' means \n so much of the corridor of a trail as is--\n ``(i) subject to subparagraph (B), not less \n than 150 feet wide on each side of such trail, \n and\n ``(ii) not greater than 2,640 feet wide.\n ``(B) Exceptions.--\n ``(i) Less than 150 feet wide on a side of \n the trail.--In the case of an interest in real \n property of the taxpayer which includes less \n than 150 feet on either side of the trail, the \n trail corridor shall include the entire \n distance with respect to such interest on such \n side.\n ``(ii) Building and structures near the \n trail.--In the case of an interest in real \n property of the taxpayer which includes a \n residence or structure owned by the taxpayer \n which is located less than 150 feet from the \n trail, the trail corridor for the side of the \n trail on which the residence or structure is \n located shall include such distance from the \n trail as is determined appropriate by the \n taxpayer.\n ``(4) Qualified conservation contribution; qualified real \n property interest.--The terms `qualified conservation \n contribution' and `qualified real property interest' have the \n respective meanings given such terms by section 170(h), except \n that paragraph (2)(A) thereof shall be applied without regard \n to any qualified mineral interest (as defined in paragraph (6) \n thereof).\n ``(c) Special Rules.--\n ``(1) Fair market value.--Fair market value of any National \n Scenic Trail conservation contribution shall be determined in \n the same manner as qualified conservation contributions under \n section 170, except that in any case, to the extent \n practicable, fair market value shall be determined by reference \n to the highest and best use of the real property with respect \n to such contribution.\n ``(2) Election irrevocable.--An election under this section \n may not be revoked.\n ``(3) Denial of double benefit.--No deduction shall be \n allowed under this chapter with respect to any qualified \n conservation contribution with respect to which an election is \n made under this section.\n ``(d) Application With Other Credits.--\n ``(1) Business credit treated as part of general business \n credit.--So much of the credit which would be allowed under \n subsection (a) for any taxable year (determined without regard \n to this subsection) that is attributable to property used in a \n trade or business or held for the production of income shall be \n treated as a credit listed in section 38(b) for such taxable \n year (and not allowed under subsection (a)).\n ``(2) Personal credit.--For purposes of this title, the \n credit allowed under subsection (a) for any taxable year \n (determined after the application of paragraph (1)) shall be \n treated as a credit allowable under subpart A for such taxable \n year.\n ``(e) Carryforward of Unused Credit.--\n ``(1) In general.--If the credit allowable under subsection \n (a) exceeds--\n ``(A) the limitation imposed by section 26(a) for \n any taxable year, reduced by\n ``(B) the sum of the credits allowable under \n subpart A (other than this section) for the taxable \n year,\n such excess shall be carried to the succeeding taxable year and \n added to the credit allowable under subsection (a) for such \n succeeding taxable year.\n ``(2) Limitation.--No credit may be carried forward under \n this subsection to any taxable year following the tenth taxable \n year after the taxable year in which the credit arose. For \n purposes of the preceding sentence, credits shall be treated as \n used on a first-in first-out basis.''.\n (b) Continued Use Not Inconsistent With Conservation Purposes.--A \ncontribution of an interest in real property shall not fail to be \ntreated as a National Scenic Trail conservation contribution (as \ndefined in section 30E(b) of the Internal Revenue Code of 1986) solely \nby reason of continued use of the real property, such as for \nrecreational or agricultural use (including motor vehicle use related \nthereto), if, under the circumstances, such use does not impair \nsignificant conservation interests and is not inconsistent with the \npurposes of the National Trails System Act (16 U.S.C. 1241 et seq.).\n (c) Study Regarding Efficacy of National Scenic Trail Conservation \nCredit.--\n (1) In general.--The Secretary of the Interior shall, in \n consultation with the Secretary of the Treasury, study--\n (A) the efficacy of the National Scenic Trail \n conservation credit under section 30E of the Internal \n Revenue Code of 1986 in completing, extending, and \n increasing the number of National Scenic Trails (as \n defined in section 30E(b) of such Code), and\n (B) the feasibility and estimated costs and \n benefits of--\n (i) making such credit refundable (in whole \n or in part), and\n (ii) allowing transfer of such credit.\n (2) Report.--Not later than 4 years after the date of the \n enactment of this Act, the Secretary of the Interior shall \n submit a report to Congress on the results of the study \n conducted under this subsection.\n (d) Conforming Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``30E. National Scenic Trail conservation credit.''.\n (e) Effective Date.--The amendments made by this section shall \napply to contributions made after the date of the enactment of this \nAct.","summary":"Complete America's Great Trails Act This bill amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. The Department of the Interior must study and report onnbsp. The efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails and the feasibility and cost of making such credit refundable and transferable.","title":"Complete America\u2019s Great Trails Act","text_len":8125,"sum_len":433} {"bill_id":"105_hr3622","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Empowerment Zone Enhancement Act of \n1998''.\n\nSEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES.\n\n (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 \nU.S.C. 1397f(a)) is amended--\n (1) in subparagraph (A), by striking ``in the State; and'' \n and inserting ``in the State designated pursuant to section \n 1391(b) of the Internal Revenue Code of 1986;'';\n (2) in subparagraph (B), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding after subparagraph (B) the following new \n subparagraph:\n ``(C) 10 grants under this section for each \n qualified empowerment zone in the State designated \n pursuant to section 1391(g) of such Code.''.\n (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C. \n1397f(a)(2)) is amended--\n (1) in the heading of subparagraph (A), by inserting \n ``original'' before ``empowerment'';\n (2) in subparagraph (A), in the matter preceding clause \n (i), by inserting ``described in paragraph (1)(A)'' after \n ``empowerment zone'';\n (3) by redesignating subparagraph (C) as subparagraph (D); \n and\n (4) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) Additional empowerment grants.--The amount of \n each grant to a State under this section for a \n qualified empowerment zone described in paragraph \n (1)(C) shall be--\n ``(i) if the zone is designated in an urban \n area, $10,000,000, or\n ``(ii) if the zone is designated in a rural \n area, $4,000,000,\n multiplied by the proportion of the population of the \n zone that resides in the State.''.\n (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C. \n1397f(a)(3)) is amended--\n (1) in the heading of subparagraph (A), by inserting \n ``original'' before ``qualified'';\n (2) in subparagraph (A), in the matter preceding clause \n (i), by inserting ``described in paragraph (1)(A)'' after \n ``empowerment zone''; and\n (3) by adding after subparagraph (B) the following new \n subparagraph:\n ``(C) Additional qualified empowerment zones.--With \n respect to each qualified empowerment zone described in \n paragraph (1)(C), the Secretary shall make--\n ``(i) 1 grant under this subsection to the \n State in which the zone lies, on the date of \n the designation of the zone under such part I; \n and\n ``(ii) 1 grant under this subsection to \n such State, on the first day of each of the \n nine fiscal years that begin after the date of \n the designation.''.\n (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C. \n1397f(a)(4)) is amended--\n (1) by relocating and redesignating the matter following \n the caption as subparagraph (A);\n (2) by inserting ``Original grants.--'' after the \n subparagraph designation ``(A)'';\n (3) in subparagraph (A), as so redesignated, by inserting \n before the period ``for empowerment zones and enterprise \n communities described in subparagraphs (A) and (B) of paragraph \n (1)''; and\n (4) by adding after subparagraph (A), as so redesignated, \n the following new subparagraph:\n ``(B) Additional grants.--$1,700,000,000 shall be \n made available to the Secretary for grants under this \n section for empowerment zones described in paragraph \n (1)(C).''.\n\nSEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW.\n\n Section 2007 of the Social Security Act (42 U.S.C. 1397f) is \namended--\n (1) by redesignating subsection (f) as subsection (h); and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) Environmental Review.--\n ``(1) Execution of responsibility by the secretary of \n housing and urban development and the secretary of \n agriculture.--\n ``(A) Applicability.--This subsection shall apply \n to grants under this section in connection with \n empowerment zones and enterprise communities designated \n under section 1391(a) of the Internal Revenue Code of \n 1986 and empowerment zones designated under section \n 1391(g) of such Code--\n ``(i) by the Secretary of Housing and Urban \n Development in the case of those located in \n urban areas; and\n ``(ii) by the Secretary of Agriculture in \n the case of those located in rural areas.\n ``(B) Execution of responsibility.--With respect to \n grants described in subparagraph (A), the Secretary of \n Housing and Urban Development and the Secretary of \n Agriculture, as appropriate, shall execute the \n responsibilities under the National Environmental \n Policy Act of 1969 and other provisions of law which \n further the purposes of such Act (as specified in \n regulations issued by each such Secretary under \n paragraph (2)(B)) that would otherwise apply to the \n Secretary of Health and Human Services, and may provide \n for the assumption of such responsibilities in \n accordance with paragraphs (2) through (5).\n ``(C) Definition of secretary.--Except as used in \n subparagraphs (A) and (B), the term `Secretary' as used \n in this subsection means the Secretary of Housing and \n Urban Development for purposes of grants under this \n section with respect to urban areas and means the \n Secretary of Agriculture for purposes of grants under \n this section with respect to rural areas.\n ``(2) Assumption of responsibility by states, units of \n general local government, and indian tribes.--\n ``(A) Release of funds.--In order to assure that \n the policies of the National Environmental Policy Act \n of 1969 and other provisions of law that further the \n purposes of such Act (as specified in regulations \n issued by the Secretary under paragraph (2)(B)) are \n most effectively implemented in connection with the \n expenditure of funds under this section, and to assure \n to the public undiminished protection of the \n environment, the Secretary may, under such \nregulations, in lieu of the environmental protection procedures \notherwise applicable, provide for the release of funds for particular \nprojects to recipients of assistance under this section if the State, \nunit of general local government, or Indian tribe, as designated by the \nSecretary in accordance with regulations issued by the Secretary under \nparagraph (2)(B), assumes all of the responsibilities for environmental \nreview, decisionmaking, and action pursuant to such Act, and such other \nprovisions of law as the regulations of the Secretary specify, that \nwould otherwise apply to the Secretary were the Secretary to undertake \nsuch projects as Federal projects.\n ``(B) Implementation.--The Secretary of Housing and \n Urban Development and the Secretary of Agriculture \n shall each issue regulations to carry out this \n subsection only after consultation with the Council on \n Environmental Quality. Such regulations shall--\n ``(i) specify any other provisions of law \n which further the purposes of the National \n Environmental Policy Act of 1969 and to which \n the assumption of responsibility as provided in \n this subsection applies;\n ``(ii) provide eligibility criteria and \n procedures for the designation of a State, unit \n of general local government, or Indian tribe to \n assume all of the responsibilities in this \n section;\n ``(iii) specify the purposes for which \n funds may be committed without regard to the \n procedure established under paragraph (3);\n ``(iv) provide for monitoring of the \n performance of environmental reviews under this \n subsection;\n ``(v) in the discretion of the Secretary, \n provide for the provision or facilitation of \n training for such performance; and\n ``(vi) subject to the discretion of the \n Secretary, provide for suspension or \n termination by the Secretary of the assumption \n under subparagraph (A).\n ``(C) Responsibilities of state, unit of general \n local government, or indian tribe.--The Secretary's \n duty under subparagraph (B) shall not be construed to \n limit any responsibility assumed by a State, unit of \n general local government, or Indian tribe with respect \n to any particular release of funds under subparagraph \n (A).\n ``(3) Procedure.--The Secretary shall approve the release \n of funds for projects subject to the procedures authorized by \n this subsection only if, not less than 15 days prior to such \n approval and prior to any commitment of funds to such projects \n (except for such purposes specified in the regulations issued \n under paragraph (2)(B)), the recipient submits to the Secretary \n a request for such release accompanied by a certification of \n the State, unit of general local government, or Indian tribe \n which meets the requirements of paragraph (4). The approval by \n the Secretary of any such certification shall be deemed to \n satisfy the Secretary's responsibilities pursuant to paragraph \n (1) under the National Environmental Policy Act of 1969 and \n such other provisions of law as the regulations of the \n Secretary specify insofar as those responsibilities relate to \n the release of funds for projects to be carried out pursuant \n thereto which are covered by such certification.\n ``(4) Certification.--A certification under the procedures \n authorized by this subsection shall--\n ``(A) be in a form acceptable to the Secretary;\n ``(B) be executed by the chief executive officer or \n other officer of the State, unit of general local \n government, or Indian tribe who qualifies under \n regulations of the Secretary;\n ``(C) specify that the State, unit of general local \n government, or Indian tribe under this subsection has \n fully carried out its responsibilities as described \n under paragraph (2); and\n ``(D) specify that the certifying officer--\n ``(i) consents to assume the status of a \n responsible Federal official under the National \n Environmental Policy Act of 1969 and each \n provision of law specified in regulations \n issued by the Secretary insofar as the \n provisions of such Act or other such provision \n of law apply pursuant to paragraph (2); and\n ``(ii) is authorized and consents on behalf \n of the State, unit of general local government, \n or Indian tribe and himself or herself to \n accept the jurisdiction of the Federal courts \n for the purpose of enforcement of the \n responsibilities as such an official.\n ``(5) Approval by states.--In cases in which a unit of \n general local government carries out the responsibilities \n described in paragraph (2), the Secretary may permit the State \n to perform those actions of the Secretary described in \n paragraph (3). The performance of such actions by the State, \n where permitted, shall be deemed to satisfy the \n responsibilities referred to in the second sentence of \n paragraph (3).''.\n\nSEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS.\n\n Section 2007 of the Social Security Act (42 U.S.C. 1397f), as \namended by section 4, is further amended by adding after subsection (f) \nthe following new subsection:\n ``(g) Performance Measurement System, Reports, and Evaluations, \nGrant Adjustments, and Related Matters.--\n ``(1) Applicability.--The requirements of this subsection--\n ``(A) apply to all grants made by a State, from \n grants to the State under subsection (a)(2)(C), to lead \n implementing entities (as defined in paragraph (7)) for \n empowerment zones designated pursuant to section \n 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. \n 1391(g)); and\n ``(B) are in addition to the annual report and \n biennial audit requirements applicable to States under \n section 2006.\n ``(2) Performance measurement system.--The lead \n implementing entity for an empowerment zone shall establish a \n performance measurement system acceptable to the Secretary to \n assist in assessing the extent to which its strategic plan is \n being implemented and funds made available under subsection \n (a)(2)(C) are being used effectively.\n ``(3) Performance report.--Each lead implementing entity \n shall submit to the Secretary (and make available to the public \n upon request), at such time and in such manner as the Secretary \n shall prescribe, a report including an assessment of the \n progress the empowerment zone has made toward implementing its \n strategic plan, and such other information as the Secretary \n shall prescribe. To the extent practicable, the report shall \n also include information available to the lead implementing \n entity with respect to the use of tax incentives available to \n empowerment zones designated pursuant to section 1391(g) of the \n Internal Revenue Code of 1986.\n ``(4) Performance evaluations, adjustments, and \n recordkeeping.--\n ``(A) Performance evaluations.--The Secretary shall \n regularly evaluate the progress of the lead \n implementing entity for the empowerment zone in \n implementing the strategic plan for the zone, on the \n basis of performance reviews and any other information \n that the Secretary may require.\n ``(B) Adjustments.--On the basis of the Secretary's \n evaluation under subparagraph (A), the Secretary may \n direct the Secretary of Health and Human Services to \n adjust, reduce, or cancel the grant to a State under \n subsection (a)(2)(C) for the current or any future \n fiscal year or years, except that amounts already \n properly expended by a lead implementing entity on \n eligible activities under this Act shall not be \n recaptured or deducted from future grants to the State.\n ``(5) Retention of records.--Each lead implementing entity \n shall keep such records relating to funds received from grants \n to the State under subsection (a)(2)(C), including the amounts \n and disposition of such funds and the types of activities \nfunded, as the Secretary determines to be necessary to enable the \nSecretary to evaluate the performance of the lead implementing agency \nand to determine compliance with the requirements of this subsection.\n ``(6) Secretary's access to documents.--The Secretary shall \n have access, for the purpose of evaluations and examinations \n pursuant to paragraph (4)(A), to any books, documents, papers, \n and records of any grantee or other entity or person that are \n pertinent to grant amounts received in connection with this \n section.\n ``(7) Definitions.--For purposes of this subsection--\n ``(A) The term `lead implementing entity' means the \n local government or governments, the governance body of \n an empowerment zone as specified in the strategic plan, \n or any non-profit entity that is principal \n administrator of an empowerment zone.\n ``(B) The term `Secretary' means the Secretary of \n Housing and Urban Development for purposes of grants \n under this section with respect to urban areas and \n means the Secretary of Agriculture for purposes of \n grants under this section with respect to rural areas, \n except as the context otherwise indicates.''.\n\nSEC. 5. TECHNICAL AMENDMENTS.\n\n Section 2007(b) of the Social Security act is amended--\n (1) in paragraph (2), in the matter preceding subparagraph \n (A), by striking ``to prevent''; and\n (2) in paragraph (4), in the matter preceding subparagraph \n (A), by striking ``maintain'' and inserting ``maintaining''.","summary":"Empowerment Zone Enhancement Act of 1998 - Amends title XX of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones. (2) set the amount of such grants for zones in urban and rural areas, as well as the timing of such grants, (3) provide funding for such grants. (4) require environmental review by the Secretary of Housing and Urban Development and the Secretary of Agriculture. And (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.","title":"Empowerment Zone Enhancement Act of 1998","text_len":18672,"sum_len":565} {"bill_id":"115_hr1619","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Iran From Smuggling Weapons to \nTerrorists Act''.\n\nSEC. 2. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE \n MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN \n COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR \n MEDITERRANEAN SEA.\n\n (a) Purpose.--The purpose of this section is to authorize \nassistance and training to increase maritime security and domain \nawareness of foreign countries bordering the Persian Gulf, the Arabian \nSea, or the Mediterranean Sea in order to deter and counter illicit \nsmuggling and related maritime activity by Iran, including illicit \nIranian weapons shipments.\n (b) Authority.--\n (1) In general.--To carry out the purpose of this section \n as described in subsection (a), the Secretary of Defense, with \n the concurrence of the Secretary of State, is authorized--\n (A) to provide training to the national military or \n other security forces of Israel, Bahrain, Saudi Arabia, \n the United Arab Emirates, Oman, Kuwait, and Qatar that \n have among their functional responsibilities maritime \n security missions; and\n (B) to provide training to ministry, agency, and \n headquarters level organizations for such forces.\n (2) Designation.--The provision of assistance and training \n under this section may be referred to as the ``Counter Iran \n Maritime Initiative''.\n (c) Types of Training.--\n (1) Authorized elements of training.--Training provided \n under subsection (b)(1)(A) may include the provision of de \n minimis equipment, supplies, and small-scale military \n construction.\n (2) Required elements of training.--Training provided under \n subsection (b) shall include elements that promote the \n following:\n (A) Observance of and respect for human rights and \n fundamental freedoms.\n (B) Respect for legitimate civilian authority \n within the country to which the assistance is provided.\n (d) Availability of Funds.--Of the amount authorized to be \nappropriated for fiscal year 2018 and available for operation and \nmaintenance for Defense-wide activities, $50,000,000 shall be available \nonly for the provision of assistance and training under subsection (b).\n (e) Cost Sharing.--\n (1) Sense of congress.--It is the sense of Congress that, \n given income parity among recipient countries, the Secretary of \n Defense, with the concurrence of the Secretary of State, should \n seek, through appropriate bilateral and multilateral \n arrangements, payments sufficient in amount to offset any \n training costs associated with implementation of subsection \n (b).\n (2) Cost-sharing agreement.--The Secretary of Defense, with \n the concurrence of the Secretary of State, shall negotiate a \n cost-sharing agreement with a recipient country regarding the \n cost of any training provided pursuant to subsection (b). The \n agreement shall set forth the terms of cost sharing that the \n Secretary of Defense determines are necessary and appropriate, \n but such terms shall not be less than 50 percent of the overall \n cost of the training.\n (3) Credit to appropriations.--The portion of such cost \n sharing received by the Secretary of Defense pursuant to this \n subsection may be credited towards appropriations available for \n operation and maintenance for Defense-wide activities.\n (f) Notice to Congress on Training.--Not later than 15 days before \nexercising the authority under subsection (b) with respect to a \nrecipient country, the Secretary of Defense shall submit to the \nappropriate congressional committees a notification containing the \nfollowing:\n (1) An identification of the recipient country.\n (2) A detailed justification of the program for the \n provision of the training concerned, and its relationship to \n United States security interests.\n (3) The budget for the program, including a timetable of \n planned expenditures of funds to implement the program, an \n implementation timeline for the program with milestones \n (including anticipated delivery schedules for any assistance \n and training under the program), the military department or \n component responsible for management of the program, and the \n anticipated completion date for the program.\n (4) A description of the arrangements, if any, to support \n recipient country sustainment of any capability developed \n pursuant to the program, and the source of funds to support \n sustainment efforts and performance outcomes to be achieved \n under the program beyond its completion date, if applicable.\n (5) A description of the program objectives and an \n assessment framework to be used to develop capability and \n performance metrics associated with operational outcomes for \n the recipient force.\n (6) Such other matters as the Secretary considers \n appropriate.\n (g) Definition.--In this section, the term ``appropriate \ncongressional committees'' means--\n (1) the Committee on Armed Services, the Committee on \n Foreign Relations, and the Committee on Appropriations of the \n Senate; and\n (2) the Committee on Armed Services, the Committee on \n Foreign Affairs, and the Committee on Appropriations of the \n House of Representatives.\n (h) Termination.--Assistance and training may not be provided under \nthis section after September 30, 2021.","summary":"Stop Iran From Smuggling Weapons to Terrorists Act This bill authorizes the Department of Defense (DOD) to provide training to: (1) the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions. And (2) ministry, agency, and headquarters level organizations for such forces. Such assistance and training may be referred to as the Counter Iran Maritime Initiative. Such training: (1) may include the provision of de minimis equipment, supplies, and small-scale military construction. And (2) shall include the promotion of human rights and respect for legitimate civilian authority. It is the sense of Congress that DOD should seek payments from such countries to offset training costs. DOD shall negotiate a training cost-sharing agreement with a recipient country that covers at least 50 of related costs.","title":"Stop Iran From Smuggling Weapons to Terrorists Act","text_len":5950,"sum_len":952} {"bill_id":"113_hr533","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Land Management Workforce \nFlexibility Act''.\n\nSEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES.\n\n (a) In General.--Subpart I of part III of title 5, United States \nCode, is amended by inserting after chapter 95 the following:\n\n ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT \n AGENCIES\n\n``Sec.\n``9601. Definition.\n``9602. Competitive service; time-limited appointments.\n``Sec. 9601. Definition\n ``For purposes of this chapter, the term `land management agency' \nmeans--\n ``(1) the Forest Service of the Department of Agriculture;\n ``(2) the Bureau of Land Management of the Department of \n the Interior;\n ``(3) the National Park Service of the Department of the \n Interior;\n ``(4) the Fish and Wildlife Service of the Department of \n the Interior;\n ``(5) the Bureau of Indian Affairs of the Department of the \n Interior; and\n ``(6) the Bureau of Reclamation of the Department of the \n Interior.\n``Sec. 9602. Competitive service; time-limited appointments\n ``(a) Notwithstanding chapter 33 or any other provision of law \nrelating to the examination, certification, and appointment of \nindividuals in the competitive service, an employee of a land \nmanagement agency serving under a time-limited appointment in the \ncompetitive service is eligible to compete for a permanent appointment \nin the competitive service under that agency's merit promotion \nprocedures if--\n ``(1) such individual was appointed initially under open, \n competitive examination under subchapter I of chapter 33 to the \n time-limited appointment;\n ``(2) the employee has served under 1 or more time-limited \n appointments by such agency for a period or periods totaling \n not less than 24 months without an intervening break of 2 or \n more years; and\n ``(3) the employee's performance has been at an acceptable \n level of performance throughout the period or periods (as the \n case may be) referred to in paragraph (2).\n ``(b)(1) For purposes of this subsection, the term `successor \npermanent position' means, with respect to a time-limited position, a \npermanent position in the competitive service with the same or \nsubstantially similar major duties and qualification requirements in \nthe same major subdivision of the same agency as the time-limited \nposition.\n ``(2) Notwithstanding chapter 33 or any other provision of law \nrelating to the examination, certification, and appointment of \nindividuals in the competitive service, an employee of a land \nmanagement agency serving under a time-limited appointment in the \ncompetitive service shall be offered any successor permanent position \nthat the agency decides to fill and, upon his or her concurrence, be \nappointed to such position if--\n ``(A) such individual was appointed initially under open, \n competitive examination under subchapter I of chapter 33 to the \n time-limited appointment;\n ``(B)(i) the job announcement for the time-limited position \n stated that there was potential for the position to become \n permanent; or\n ``(ii) the employee's first time-limited appointment by \n such agency occurred before the date of enactment of this \n chapter;\n ``(C) the employee has served under a time-limited \n appointment or appointments in a position or positions in such \n agency with the same or substantially similar major duties and \n qualification requirements as the successor permanent position \n for a period or periods totaling not less than 24 months \n without an intervening break of 2 or more years; and\n ``(D) the employee's performance has been at an acceptable \n level of performance throughout the period or periods (as the \n case may be) referred to in subparagraph (C).\n ``(3) If 2 or more employees are eligible for conversion under this \nsubsection, then any preference eligible veterans shall be given \npriority.\n ``(4) If 2 or more employees have equal priority for conversion \nunder this subsection, then placement shall be determined by \ncompetitive procedures consistent with merit system principles.\n ``(c) An employee selected or converted under this section becomes \na career-conditional employee, unless the employee has otherwise \ncompleted the service requirements for career tenure.\n ``(d) An employee appointed under this section acquires competitive \nstatus upon appointment.\n ``(e) The provisions of this section shall apply with respect to \ntime-limited employees who have been separated for reasons other than \nmisconduct or unacceptable performance. For such a separated employee, \nthe provisions of this chapter shall apply as if such separated \nemployee occupied the time-limited position from which such employee \nwas most recently separated. An agency shall be deemed to have met its \nobligation under this section if notice is sent to the last known \naddress of such individual 21 or more days before a successor permanent \nposition for which he or she is eligible is filled.\n ``(f) For purposes of this section, time-limited appointments \ninclude temporary appointments and term appointments, as defined by the \nOffice of Personnel Management.\n ``(g) The Office of Personnel Management shall prescribe such \nregulations as may be necessary to carry out this section.''.\n (b) Clerical Amendment.--The analysis for part III of title 5, \nUnited States Code, is amended by inserting after the item for chapter \n95 the following:\n\n``96. Personnel flexibilities relating to land management 9601''.\n agencies.","summary":"Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was satisfactory. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent.","title":"Land Management Workforce Flexibility Act","text_len":5914,"sum_len":594} {"bill_id":"110_s1467","text":"SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.\n\n Subpart 1 of part A of title IV of the Higher Education Act of 1965 \n(20 U.S.C. 1070a et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.\n\n ``(a) Demonstration Program Authority.--\n ``(1) In general.--The Secretary is authorized to carry out \n an Early Federal Pell Grant Commitment Demonstration Program \n under which--\n ``(A) the Secretary awards grants to 4 State \n educational agencies, in accordance with paragraph (2), \n to pay the administrative expenses incurred in \n participating in the demonstration program under this \n section; and\n ``(B) the Secretary awards Federal Pell Grants to \n participating students in accordance with this section.\n ``(2) Grants.--\n ``(A) In general.--From amounts appropriated under \n subsection (g) for a fiscal year, the Secretary is \n authorized to award grants to 4 State educational \n agencies to enable the State educational agencies to \n pay the administrative expenses incurred in \n participating in a demonstration program under which \n students in 8th grade who are eligible for a free or \n reduced price meal receive a commitment to receive a \n Federal Pell Grant early in their academic careers.\n ``(B) Equal amounts.--The Secretary shall award \n grants under this section in equal amounts to each of \n the 4 participating State educational agencies.\n ``(b) Demonstration Project Requirements.--Each of the 4 \ndemonstration projects assisted under this section shall meet the \nfollowing requirements:\n ``(1) Participants.--\n ``(A) In general.--The State educational agency \n shall make participation in the demonstration project \n available to 2 cohorts of students, which shall consist \n of--\n ``(i) 1 cohort of 8th grade students who \n begin the participation in academic year 2007-\n 2008; and\n ``(ii) 1 cohort of 8th grade students who \n begin the participation in academic year 2008-\n 2009.\n ``(B) Students in each cohort.--Each cohort of \n students shall consist of not more than 10,000 8th \n grade students who qualify for a free or reduced price \n meal under the Richard B. Russell National School Lunch \n Act or the Child Nutrition Act of 1966.\n ``(2) Student data.--The State educational agency shall \n ensure that student data from local educational agencies \n serving students who participate in the demonstration project, \n as well as student data from local educational agencies serving \n a comparable group of students who do not participate in the \n demonstration project, are available for evaluation of the \n demonstration project.\n ``(3) Federal pell grant commitment.--Each student who \n participates in the demonstration project receives a commitment \n from the Secretary to receive a Federal Pell Grant during the \n first academic year that student is in attendance at an \n institution of higher education as an undergraduate, if the \n student applies for Federal financial aid (via the FAFSA) \n during the student's senior year of secondary school and during \n succeeding years.\n ``(4) Applicability of federal pell grant requirements.--\n The requirements of section 401 shall apply to Federal Pell \n Grants awarded pursuant to this section, except that the amount \n of each participating student's Federal Pell Grant only shall \n be calculated by deeming such student to have an expected \n family contribution equal to zero.\n ``(5) Application process.--The Secretary shall establish \n an application process to select State educational agencies to \n participate in the demonstration program and State educational \n agencies shall establish an application process to select local \n educational agencies within the State to participate in the \n demonstration project.\n ``(6) Local educational agency participation.--Subject to \n the 10,000 statewide student limitation described in paragraph \n (1), a local educational agency serving students, not less than \n 50 percent of whom are eligible for a free or reduced price \n meal under the Richard B. Russell National School Lunch Act or \n the Child Nutritional Act of 1966, shall be eligible to \n participate in the demonstration project.\n ``(c) State Educational Agency Applications.--\n ``(1) In general.--Each State educational agency desiring \n to participate in the demonstration program under this section \n shall submit an application to the Secretary at such time and \n in such manner as the Secretary may require.\n ``(2) Contents.--Each application shall include--\n ``(A) a description of the proposed targeted \n information campaign for the demonstration project and \n a copy of the plan described in subsection (f)(2);\n ``(B) a description of the student population that \n will receive an early commitment to receive a Federal \n Pell Grant under this section;\n ``(C) an assurance that the State educational \n agency will fully cooperate with the ongoing evaluation \n of the demonstration project; and\n ``(D) such other information as the Secretary may \n require.\n ``(d) Selection Considerations.--\n ``(1) Selection of state educational agencies.--In \n selecting State educational agencies to participate in the \n demonstration program, the Secretary shall consider--\n ``(A) the number and quality of State educational \n agency applications received;\n ``(B) the Department's capacity to oversee and \n monitor each State educational agency's participation \n in the demonstration program;\n ``(C) a State educational agency's--\n ``(i) financial responsibility;\n ``(ii) administrative capability;\n ``(iii) commitment to focusing State \n resources, in addition to any resources \n provided under part A of title I of the \n Elementary and Secondary Education Act of 1965, \n on students who receive assistance under such \n part A;\n ``(iv) the ability and plans of a State \n educational agency to run an effective and \n thorough targeted information campaign for \n students served by local educational agencies \n eligible to participate in the demonstration \n project; and\n ``(v) ensuring the participation in the \n demonstration program of a diverse group of \n students with respect to ethnicity and gender.\n ``(2) Local educational agency.--In selecting local \n educational agencies to participate in a demonstration project \n under this section, the State educational agency shall \n consider--\n ``(A) the number and quality of local educational \n agency applications received;\n ``(B) the State educational agency's capacity to \n oversee and monitor each local educational agency's \n participation in the demonstration project;\n ``(C) a local educational agency's--\n ``(i) financial responsibility;\n ``(ii) administrative capability;\n ``(iii) commitment to focusing local \n resources, in addition to any resources \n provided under part A of title I of the \n Elementary and Secondary Education Act of 1965, \n on students who receive assistance under such \n part A;\n ``(iv) the ability and plans of a local \n educational agency to run an effective and \n thorough targeted information campaign for \n students served by the local educational \n agency; and\n ``(v) ensuring the participation in the \n demonstration project of a diverse group of \n students with respect to ethnicity and gender.\n ``(e) Evaluation.--\n ``(1) In general.--From amounts appropriated under section \n (g) for a fiscal year, the Secretary shall reserve not more \n than $1,000,000 to award a grant or contract to an organization \n outside the Department for an independent evaluation of the \n impact of the demonstration program assisted under this \n section.\n ``(2) Competitive basis.--The grant or contract shall be \n awarded on a competitive basis.\n ``(3) Matters evaluated.--The evaluation described in this \n subsection shall--\n ``(A) determine the number of individuals who were \n encouraged by the demonstration program to pursue \n higher education;\n ``(B) identify the barriers to the effectiveness of \n the demonstration program;\n ``(C) assess the cost-effectiveness of the \n demonstration program in improving access to higher \n education;\n ``(D) identify the reasons why participants in the \n demonstration program either received or did not \n receive a Federal Pell Grant;\n ``(E) identify intermediate outcomes (relative to \n postsecondary education attendance), such as whether \n participants--\n ``(i) were more likely to take a college-\n prep curriculum while in secondary school;\n ``(ii) submitted any college applications; \n and\n ``(iii) took the PSAT, SAT, or ACT;\n ``(F) identify the number of individuals \n participating in the demonstration program who pursued \n an associate's degree or a bachelor's degree, as well \n as other forms of postsecondary education;\n ``(G) compare the findings of the demonstration \n program with respect to participants to comparison \n groups (of similar size and demographics) that did not \n participate in the demonstration program; and\n ``(H) identify the impact on the parents of \n students eligible to participate in the demonstration \n program.\n ``(4) Dissemination.--The findings of the evaluation shall \n be widely disseminated to the public by the organization \n conducting the evaluation as well as by the Secretary.\n ``(f) Targeted Information Campaign.--\n ``(1) In general.--Each State educational agency receiving \n a grant under this section shall, in cooperation with the \n participating local educational agencies within the State and \n the Secretary, develop a targeted information campaign for the \n demonstration program assisted under this section.\n ``(2) Plan.--Each State educational agency receiving a \n grant under this section shall include in the application \n submitted under subsection (c) a written plan for their \n proposed targeted information campaign. The plan shall include \n the following:\n ``(A) Outreach.--Outreach to students and their \n families, at a minimum, at the beginning and end of \n each academic year of the demonstration project.\n ``(B) Distribution.--How the State educational \n agency plans to provide the outreach described in \n subparagraph (A) and to provide the information \n described in subparagraph (C).\n ``(C) Information.--The annual provision by the \n State educational agency to all students and families \n participating in the demonstration program of \n information regarding--\n ``(i) the estimated statewide average \n higher education institution cost data for each \n academic year, which cost data shall be \n disaggregated by--\n ``(I) type of institution, \n including--\n ``(aa) 2-year public \n colleges;\n ``(bb) 4-year public \n colleges; and\n ``(cc) 4-year private \n colleges;\n ``(II) by component, including--\n ``(aa) tuition and fees; \n and\n ``(bb) room and board;\n ``(ii) Federal Pell Grants, including--\n ``(I) the maximum Federal Pell \n Grant for each academic year;\n ``(II) when and how to apply for a \n Federal Pell Grant; and\n ``(III) what the application \n process for a Federal Pell Grant \n requires;\n ``(iii) State-specific college savings \n programs;\n ``(iv) State-based merit aid;\n ``(v) State-based financial aid; and\n ``(vi) Federal financial aid available to \n students, including eligibility criteria for \n the Federal financial aid and an explanation of \n the Federal financial aid programs.\n ``(3) Cohorts.--The information described in paragraph \n (2)(C) shall be provided to 2 cohorts of students annually for \n the duration of the students' participation in the \n demonstration program. The 2 cohorts shall consist of--\n ``(A) 1 cohort of 8th grade students who begin the \n participation in academic year 2007-2008; and\n ``(B) 1 cohort of 8th grade students who begin the \n participation in academic year 2008-2009.\n ``(4) Reservation.--Each State educational agency receiving \n a grant under this section shall reserve $200,000 of the grant \n funds received each fiscal year for each of the 2 cohorts of \n students (for a total reservation of $400,000 each fiscal year) \n served by the State to carry out their targeted information \n campaign described in this subsection.\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n ``(1) $1,300,000 for fiscal year 2008, of which--\n ``(A) $500,000 shall be available to carry out \n subsection (e); and\n ``(B) $800,000 shall be available to carry out \n subsection (f)(2)(C);\n ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000 \n shall be available to carry out subsection (f)(2)(C);\n ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000 \n shall be available to carry out subsection (f)(2)(C);\n ``(4) $2,100,000 for fiscal year 2011, of which--\n ``(A) $500,000 shall be available to carry out \n subsection (e); and\n ``(B) $1,600,000 shall be available to carry out \n subsection (f)(2)(C);\n ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000 \n shall be available to carry out subsection (f)(2)(C);\n ``(6) $14,600,000 for fiscal year 2013, of which--\n ``(A) $800,000 shall be available to carry out \n subsection (f)(2)(C); and\n ``(B) $13,800,000 shall be available for Federal \n Pell Grants provided in accordance with this section; \n and\n ``(7) $13,800,000 for fiscal year 2014, of which \n $13,800,000 shall be available for Federal Pell Grants provided \n in accordance with this section.''.","summary":"Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program. Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition. Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals. Calculates participating students' Pell Grants by deeming them to have no expected family contribution. Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education. Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs.","title":"A bill to establish an establish an Early Federal Pell Grant Commitment Demonstration Program.","text_len":17892,"sum_len":1447} {"bill_id":"103_hr4787","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Indian Gaming \nRegulatory Act Amendments of 1994''.\n (b) Reference.--Except as otherwise expressly provided, whenever in \nthis Act an amendment or repeal is expressed in terms of an amendment \nto, or repeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of the Indian \nGaming Regulatory Act (25 U.S.C. 2701 et seq.).\n\nSEC. 2. DEFINITIONS.\n\n (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C. \n2703(7)(A)) is amended--\n (A) by striking ``(if played in the same location)''; and\n (B) by striking ``bingo, and'' and inserting ``bingo \n (whether or not electronic, computer, or other technologic aids \n are used in connection therewith so long as the fundamental \n characteristics of the game remain the same), and''.\n (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is \namended by striking ``that--'' and all that follows through ``such card \ngames.'' at the end thereof and inserting a period.\n (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is \namended by inserting ``, except electronic or technological aids used \nin connection with class II games,'' after ``game of chance''.\n (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended \nby striking ``Chairman'' and inserting ``Commission''.\n (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by \nstriking subparagraphs (D), (E), and (F).\n (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by \ninserting at the end ``and means manufacturing and assembly of gaming \ndevices (defined as gambling devices by section 5 of the Act of January \n2, 1951 (15 U.S.C. 1175)).''.\n (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C. \n2703) is amended by adding at the end the following new paragraphs:\n ``(11) The term `Compact' means the regulatory regime for \n operating class III gaming entered into by a tribe and the \n Secretary.\n ``(12) The term `electronic facsimile' means a copy of some \n or all of the fundamental elements of a game, where the \n electronic or electromechanical device alters the game rather \n than simply electronically replicating the fundamental elements \n of a game.''.\n (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101-\n301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed.\n\nSEC. 3. POWERS OF THE CHAIRMAN.\n\n Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as \nfollows:\n ``(b) Prior to taking any action set forth in subsection (a) of \nthis section, the Chairman shall, in good faith, consult with the Tribe \nwhich has jurisdiction over the gaming activity in dispute and attempt \nto resolve the dispute in a manner that avoids such actions. Only after \nthe Commission has concluded that cooperative resolution has been \nadequately pursued and that further consultation would be futile, may \nthe Chairman take such actions.''.\n\nSEC. 4. POWERS OF THE COMMISSION.\n\n Section 7 (25 U.S.C. 2706) is amended--\n (1) in subsection (a)(2), by inserting ``appropriate but \n not punitive'' after ``collection of'';\n (2) in subsections (b)--\n (A) in paragraph (1), by inserting ``and class III \n gaming, where a Compact so provides, where gaming is'' \n after ``class II gaming''; and\n (B) in paragraph (2), by inserting ``and class III \n gaming, where a Compact so provides, where gaming'' \n after ``class II gaming''; and\n (3) by striking subsection (c).\n\nSEC. 5. INTERIM AUTHORITY TO REGULATE GAMING.\n\n Section 10 of the Act (25 U.S.C. 2709) is repealed.\n\nSEC. 6. TRIBAL GAMING ORDINANCES.\n\n (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710) \nis amended by amending subparagraph (A) of paragraph (4) to read as \nfollows:\n ``(A) A tribal ordinance or resolution may provide for the \nlicensing or regulation of Indian charitable class II gaming activities \non Indian lands up to the same level and scope as permitted by tribal \nclass II gaming. A tribal ordinance or resolution may provide for the \nlicensing or regulation of class II gaming activities owned by any \nperson or entity other than the Indian tribe and conducted on Indian \nlands, only if the tribal licensing requirements include the \nrequirements described in the subclauses of subparagraph (B)(i) and are \nat least as restrictive as those established by State law governing \nsimilar gaming within the jurisdiction of the State within which such \nIndian lands are located.''.\n (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11 \n(25 U.S.C. 2710) is amended by inserting ``, whether by management \ncontract or otherwise,'' after ``class II gaming activity'' in the \nmatter preceding subparagraph (A).\n (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is \namended--\n (1) in paragraph (1), by amending subparagraphs (B) and (C) \n to read as follows:\n ``(B) located in a State where the requirements of \n paragraphs (6)(A) and (B) are satisfied and the gaming activity \n is eligible for inclusion in a Compact, and\n ``(C) conducted in conformance with a Compact that is in \n effect.'';\n (2) in paragraph (2)--\n (A) by striking ``Tribal-State compact entered into \n under paragraph (3) by the Indian tribe'' in \n subparagraph (C) and inserting ``Compact'';\n (B) by striking ``Tribal-State compact'' in \n subparagraph (D)(iii)(I) and inserting ``Compact'';\n (3) by amending paragraph (3) to read as follows:\n ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian \nlands upon which a class III gaming activity is to be conducted shall \nrequest the Secretary to enter into a Compact with the tribe. Such \nrequest shall specify the gaming activity or activities to be governed \nby the Compact.\n ``(ii) Negotiations between the tribe and the Secretary shall be \ncompleted within 180 days, subject to the procedures required by \nparagraph (5)(B) that the Secretary and the tribe shall utilize to \nresolve disputes arising from negotiations.\n ``(iii) The Compact shall be effective upon publication in the \nFederal Register by the Secretary.\n ``(iv) The Commission shall pursuant to section 7 of this Act \nmonitor class III gaming to the extent provided by each Compact as \npublished by the Secretary.\n ``(B) Any Compact entered into under subparagraph (A) may include \nprovisions relating to--\n ``(i) the adoption of any of the criminal and civil laws \n and regulations of the Indian tribe, or with tribal consent, of \n the State, that are directly related to, and necessary for, the \n licensing and regulation of such activity;\n ``(ii) the assessment by the Secretary of such activities \n in such amounts as are necessary to defray the costs of \n regulating such activity;\n ``(iii) remedies for breach of contract;\n ``(iv) standards for the operation of such activity and \n maintenance of the gaming facility, including licensing; and\n ``(v) any other subjects that are reasonably related to the \n operation of gaming activities.''.\n (4) by striking out paragraphs (4) and (5);\n (5) by striking paragraph (8) and redesignating paragraph \n (9) as paragraph (11); and\n (6) by striking paragraphs (6) and (7) and inserting the \n following:\n ``(4) The provisions of section 5 of the Act of January 2, 1951 (25 \nStat. 1175), shall not apply to any gaming on Indian lands, or to \nmanufacturing and assembly of gaming devices on Indian lands.\n ``(5)(A) The United States district courts shall have jurisdiction \nover--\n ``(i) any cause of action for a declaratory judgment \n arising from the failure of an Indian tribe and the Secretary \n to resolve disputes pursuant to paragraph (3) of this section,\n ``(ii) any cause of action initiated by United States or \n Indian tribe to enjoin a class III gaming activity located on \n Indian tribes and conducted in violation of any Compact entered \n into under paragraph (3) that is in effect, and\n ``(iii) any cause of action initiated by the Secretary or a \n tribe to enforce provisions of Compacts.\n ``(B) Notwithstanding any declaratory judgment action pending under \nparagraph (6), a tribe and the Secretary may negotiate and proceed to \nmediation under the Act on issues not subject to the declaratory \njudgment action.\n ``(6)(A) No later than 120 days after the Tribe has notified the \nSecretary its election to negotiate a Compact, or no later than such \nlonger period as may be extended in writing by the parties, either \nparty may initiate an action in Federal district court for a \ndeclaration whether a gaming activity is subject to Compact negotiation \nunder this Act. In any such declaratory action, the court shall declare \nthat the gaming activity as a matter of Federal law shall be the \nsubject of negotiation if it finds that--\n ``(i) the gaming activity is not prohibited as a matter of \n State criminal law and public policy; or\n ``(ii) if the gaming activity is subject to prosecution and \n criminal sanction as a matter of State law, the gaming activity \n meets one or more of the following criteria--\n ``(I) its principal characteristics are \n substantially similar to principal characteristics of \n gaming activities that are not subject to prosecution \n and criminal sanction as a matter of State law;\n ``(II) State law permits the gaming activity \n subject to regulation;\n ``(III) as a matter of State law some person, \n organization, or entity within the State may engage in \n the gaming activity for some purpose; and\n ``(IV) there is a pervasive pattern of \n nonenforcement of the prohibition of such gaming.\n ``(B) The Compact also shall include such provisions which best \nmeet the objectives of this Act and are consistent with any declaratory \njudgment issued pursuant to this paragraph.\n ``(7)(A) Subject to subparagraph (B), if the parties agree on a \nCompact, the Secretary shall adopt such Compact and publish the Compact \nin the Federal Register.\n ``(B) The Compact referred to in subparagraph (A) shall not be \napproved by the Secretary--\n ``(i) unless it contains provisions relating to internal \n controls of cash flow transactions, recordkeeping and \n reporting, accounting, security, and licensing of employees; \n and\n ``(ii) if the Compact does not violate--\n ``(I) any provisions of this Act;\n ``(II) any other provision of Federal law that does \n not relate to jurisdiction over gaming on Indian \n reservations; or\n ``(III) the trust obligations of the United States \n to Indians.\n ``(8) Except for an appeal under chapter 7 of title 5, United \nStates Code, publication of a Compact pursuant to this subsection which \npermits a class III gaming activity shall be conclusive that such class \nIII gaming is an activity subject to negotiations where the gaming is \nto be conducted, in any matter under consideration by the Commission or \na Federal court.\n ``(9) If the parties do not agree on a Compact under this \nsubsection before the date that is 45 days after the expiration of the \n180-day period with respect to the last Tribal Compact proposal during \nthe 180-day period, the Compact shall be considered approved, but only \nto the extent that the Compact is consistent with the provisions of \nthis Act.\n ``(10) The Secretary shall publish in the Federal Register notice \nof any Compact that has been approved, or considered to have been \napproved, under this subsection. Failure of the Secretary to publish \npursuant to this subsection shall not affect the legality of the \ncompact, which shall be treated as if notice was timely and properly \npublished.'';\n (7) in paragraph (11) (as so redesignated), by striking \n ``subsections (b), (c), (d), (f), (g), and (h) of''.\n\nSEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS.\n\n (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C. \n2711(a)) is amended by striking ``all collateral agreements to such \ncontract that relate to the gaming activity'' and inserting ``all other \nagreements that comprise whole or partial consideration of the parties \nentering into the management agreement''.\n (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is \namended by striking ``all collateral agreements,'' and inserting ``all \nrelated agreements involving the same parties, financing or leasing \nagreements, or any agreement that pertains to significant management \nfunctions or responsibilities,''.\n\nSEC. 8. CIVIL PENALTIES.\n\n (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25 \nU.S.C. 2713(a)) is amended by adding at the end the following: ``Fines \nimposed under this paragraph may not run from before the date of notice \nof violation.''.\n (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a) \n(25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for \nresolving disputes informally and'' after ``provide''.\n\nSEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT.\n\n (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section \n20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only'' \nand all that follows through ``determination''.\n (b) Application of Internal Revenue Code.--Paragraph (1) of section \n20(d) (25 U.S.C. 2719(d)) is amended--\n (1) by inserting ``, and the exemption from Federal taxes \n provided to the States with respect to any gaming activity,'' \n after ``wagering operations'' the first place it appears; and\n (2) by striking ``or under a Tribal-State'' and all that \n follows through ``effect,'' and inserting ``and the reporting \n of cash transactions,''.\n\nSEC. 10. CRIMINAL PENALTIES.\n\n Subsections (c)(2) and (d) of section 1166 of title 18, United \nStates Code, are each amended by striking ``Tribal State compact'' and \ninserting ``Compact''.\n\nSEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING.\n\n The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end \nthe following:\n\n ``miscellaneous\n\n ``Sec. 25. (a) Class III gaming activities that are as a matter of \nFederal law, lawfully in any jurisdiction on the date of the enactment \nof this section, shall, notwithstanding the provisions of this Act, \nremain lawful for purposes of section 11(d)(6) of this Act.\n ``(b) For purposes of Federal law, the laws in effect on the date \nthat a tribe notifies the Secretary (or prior to 1993, notified the \nState) that it wishes to negotiate a Compact, shall be the basis for \ndetermining the scope of gaming in section 11(d) of this Act for any \nCompact, or for procedures in lieu of a compact.\n ``(c) For purposes of this Act, any change in State law which \noccurs after the earlier of (1) a Tribe's request to the State for \nnegotiations of a Tribal-State Compact pursuant to this Act, or (2) the \nTribe's request to the Secretary for a Compact pursuant to this Act, \nshall not have any affect upon the terms and conditions of the Compact, \nor upon the obligations of any government entity pursuant to this Act.\n ``(d) Notwithstanding any provision of this Act, tribes with Indian \nlands in the Eastern District of Washington shall be entitled to \nconduct class III gaming activities without a Compact, as long as such \ngames are limited to the nature and scope of gaming activities in \neffect on or prior to November 1, 1994, so long as such activities are \notherwise in compliance with this Act.\n ``(e) Notwithstanding any provision of this Act, tribes with Indian \nlands in Wisconsin shall be entitled to conduct class III gaming \nactivities consistent with the decision of the Federal district court \nin Lac du Flambeau Band of Lake Superior Chippewa v. State of \nWisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''.\n\nSEC. 12. EFFECTIVE DATE.\n\n (a) Tribal-State Compacts.--Notwithstanding any other provision of \nthis Act or an amendment made by this Act, all Tribal-State Compacts \napproved by the Secretary of the Interior, and procedures for \ngovernance in lieu of Compacts promulgated by the Secretary, under the \nIndian Gaming Regulatory Act as in effect on the date before the date \nof enactment of this Act, shall continue to be fully operative and \nbinding on the parties and shall not be subject to revision unless \nagreed to by the parties.\n (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that \nrequested a State to negotiate a Tribal-State Compact prior to the \nenactment of this Act and has not completed that process may request \nthe Secretary to enter into a Compact as specified under section \n11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the \namendments made by this Act.\n (c) Class III Gaming Under Certain Department of the Interior \nRegulations.--Notwithstanding any provision of the amendments made by \nthis Act, tribes operating class III gaming pursuant to regulations \npromulgated by the Department of the Interior and in effect on or \nbefore the date of enactment of this Act shall be entitled to conduct \nclass III gaming activities without the approval of a Compact, \nconsistent with such regulations.\n (d) Definition.--For the purposes of this section, the term \n``Tribal-State Compact'' has the same meaning given such term in the \nIndian Gaming Regulatory Act, as such Act was in effect on the date \nbefore the date of enactment of this Act.","summary":"Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of class III gaming. Defines Compact as the class III gaming regulatory regime. Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act. Authorizes the Commission to monitor class III gaming where a Compact so provides. Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit. Sets forth Compact provisions. Applies the Federal tax exemption given to State gaming activities to Indian gaming activities. Applies Federal laws to class III gaming activities.","title":"Indian Gaming Regulatory Act Amendments of 1994","text_len":18334,"sum_len":817} {"bill_id":"108_hr4649","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Discretionary Spending Control Act \nof 2004''.\n\nSEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.\n\n (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 (relating to \nfiscal year 2004) is amended--\n (A) in subparagraph (A), by striking ``$31,834,000,000'' \n and inserting ``$28,052,000,000''; and\n (B) in subparagraph (B), by striking ``$1,462,000,000'' and \n inserting ``$1,436,000,000'' and by striking ``$6,629,000,000'' \n and inserting ``$6,271,000,000''.\n (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by inserting a dash after ``2005'', by \nredesignating the remaining portion of such paragraph as subparagraph \n(D) and by moving it two ems to the right, and by inserting after the \ndash the following new subparagraphs:\n ``(A) for the general purpose discretionary \n category: $817,726,000,000 in new budget authority and \n $866,056,000,000 in outlays;\n ``(B) for the highway category: $30,585,000,000 in \n outlays; and\n ``(C) for the mass transit category: $1,554,000,000 \n in new budget authority and $6,787,000,000 in outlays; \n and''.\n (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by inserting a dash after ``2006'', by \nredesignating the remaining portion of such paragraph as subparagraph \n(D) and by moving it two ems to the right, and by inserting after the \ndash the following new subparagraphs:\n ``(A) for the general purpose discretionary \n category: $831,417,000,000 in new budget authority and \n $846,280,000,000 in outlays;\n ``(B) for the highway category: $33,271,000,000 in \n outlays; and\n ``(C) for the mass transit category: $1,671,000,000 \n in new budget authority and $7,585,000,000 in outlays; \n and''.\n (4) Section 251(c) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by redesignating paragraphs (4) through \n(9) as paragraphs (7) through (12) and inserting after paragraph (3) \nthe following new paragraphs:\n ``(4) with respect to fiscal year 2007--\n ``(A) for the highway category: $35,248,000,000 in \n outlays; and\n ``(B) for the mass transit category: $1,785,000,000 \n in new budget authority and $8,110,000,000 in outlays;\n ``(5) with respect to fiscal year 2008--\n ``(A) for the highway category: $36,587,000,000 in \n outlays; and\n ``(B) for the mass transit category: $1,890,000,000 \n in new budget authority and $8,517,000,000 in outlays; \n and\n ``(6) with respect to fiscal year 2009--\n ``(A) for the highway category: $37,682,000,000 in \n outlays; and\n ``(B) for the mass transit category: $2,017,000,000 \n in new budget authority and $8,968,000,000 in \n outlays;''.\n (b) Definitions.--Section 250(c)(4) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended--\n (1) in subparagraph (B), by--\n (A) striking ``the Transportation Equity Act for \n the 21st Century and the Surface Transportation \n Extension Act of 2003'' and inserting ``the \n Transportation Equity Act: A Legacy for Users''; and\n (B) inserting before the period at the end the \n following new clauses:\n ``(v) 69-8158-0-7-401 (Motor Carrier Safety \n Grants).\n ``(vi) 69-8159-0-7-401 (Motor Carrier Safety \n Operations and Programs).'';\n (2) in subparagraph (C), by--\n (A) inserting ``(and successor accounts)'' after \n ``budget accounts''; and\n (B) striking ``the Transportation Equity Act for \n the 21st Century and the Surface Transportation \n Extension Act of 2003 or for which appropriations are \n provided pursuant to authorizations contained in those \n Acts (except that appropriations provided pursuant to \n section 5338(h) of title 49, United States Code, as \n amended by the Transportation Equity Act for the 21st \n Century, shall not be included in this category)'' and \n inserting ``the Transportation Equity Act: A Legacy for \n Users or for which appropriations are provided pursuant \n to authorizations contained in that Act''; and\n (3) in subparagraph (D)(ii), by striking ``section 8103 of \n the Transportation Equity Act for the 21st Century'' and \n inserting ``section 8103 of the Transportation Equity Act: A \n Legacy for Users''.\n\nSEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.\n\n Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended to read as \nfollows:\n ``(B) Adjustment to align highway spending with \n revenues.--(i) When the President submits the budget \n under section 1105 of title 31, United States Code, OMB \n shall calculate and the budget shall make adjustments \n to the highway category for the budget year and each \n outyear as provided in clause (ii)(I)(cc).\n ``(ii)(I)(aa) OMB shall take the actual level of \n highway receipts for the year before the current year \n and subtract the sum of the estimated level of highway \n receipts in subclause (II) plus any amount previously \n calculated under item (bb) for that year.\n ``(bb) OMB shall take the current estimate of \n highway receipts for the current year and subtract the \n estimated level of receipts for that year.\n ``(cc) OMB shall add one-half of the sum of the \n amount calculated under items (aa) and (bb) to the \n obligation limitations set forth in the section 8103 of \n the Transportation Equity Act: A Legacy for Users and, \n using current estimates, calculate the outlay change \n resulting from the change in obligations for the budget \n year and the first outyear and the outlays flowing \n therefrom through subsequent fiscal years. After making \n the calculations under the preceding sentence, OMB \n shall adjust the amount of obligations set forth in \n that section for the budget year and the first outyear \n by adding one-half of the sum of the amount calculated \n under items (aa) and (bb) to each such year.\n ``(II) The estimated level of highway receipts for \n the purposes of this clause are--\n ``(aa) for fiscal year 2004, \n $30,572,000,000;\n ``(bb) for fiscal year 2005, \n $34,260,000,000;\n ``(cc) for fiscal year 2006, \n $35,586,000,000;\n ``(dd) for fiscal year 2007, \n $36,570,000,000;\n ``(ee) for fiscal year 2008, \n $37,603,000,000; and\n ``(ff) for fiscal year 2009, \n $38,651,000,000.\n ``(III) In this clause, the term `highway receipts' \n means the governmental receipts credited to the highway \n account of the Highway Trust Fund.\n ``(C) In addition to the adjustment required by \n subparagraph (B), when the President submits the budget under \n section 1105 of title 31, United States Code, for fiscal year \n 2006, 2007, 2008, or 2009, OMB shall calculate and the budget \n shall include for the budget year and each outyear an \n adjustment to the limits on outlays for the highway category \n and the mass transit category equal to--\n ``(i) the outlays for the applicable category \n calculated assuming obligation levels consistent with \n the estimates prepared pursuant to subparagraph (D), as \n adjusted, using current technical assumptions; minus\n ``(ii) the outlays for the applicable category set \n forth in the subparagraph (D) estimates, as adjusted.\n ``(D)(i) When OMB and CBO submit their final sequester \n report for fiscal year 2004, that report shall include an \n estimate of the outlays for each of the categories that would \n result in fiscal years 2005 through 2009 from obligations at \n the levels specified in section 8103 of the Transportation \n Equity Act: A Legacy for Users using current assumptions.\n ``(ii) When the President submits the budget under section \n 1105 of title 31, United States Code, for fiscal year 2006, \n 2007, 2008, or 2009, OMB shall adjust the estimates made in \n clause (i) by the adjustments by subparagraphs (B) and (C).\n ``(E) OMB shall consult with the Committees on the Budget \n and include a report on adjustments under subparagraphs (B) and \n (C) in the preview report.''.\n\nSEC. 4. LEVEL OF OBLIGATION LIMITATIONS.\n\n (a) Highway Category.--For the purposes of section 251(b) of the \nBalanced Budget and Emergency Deficit Control Act of 1985, the level of \nobligation limitations for the highway category is--\n (1) for fiscal year 2004, $34,309,000,000;\n (2) for fiscal year 2005, $35,671,000,000;\n (3) for fiscal year 2006, $36,719,000,000;\n (4) for fiscal year 2007, $37,800,000,000;\n (5) for fiscal year 2008, $38,913,000,000; and\n (6) for fiscal year 2009, $40,061,000,000.\n (b) Mass Transit Category.--For the purposes of section 251(b) of \nthe Balanced Budget and Emergency Deficit Control Act of 1985, the \nlevel of obligation limitations for the mass transit category is--\n (1) for fiscal year 2004, $7,266,000,000;\n (2) for fiscal year 2005, $7,750,000,000;\n (3) for fiscal year 2006, $8,266,000,000;\n (4) for fiscal year 2007, $8,816,000,000;\n (5) for fiscal year 2008, $9,403,000,000; and\n (6) for fiscal year 2009, $10,029,000,000.\nFor purposes of this subsection, the term ``obligation limitations'' \nmeans the sum of budget authority and obligation limitations.\n\nSEC. 5. ADVANCE APPROPRIATIONS.\n\n Section 251 of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by adding at the end the following new \nsubsection:\n ``(d) Advance Appropriations.--In any of fiscal years 2005 through \n2007, discretionary advance appropriations provided in appropriation \nActs in excess of $23,558,000,000 shall be counted against the \ndiscretionary spending limits for the fiscal year for which the \nappropriation Act containing the advance appropriation is enacted.''.\n\nSEC. 6. DEFINITIONS.\n\n (a) In General.--Section 250(c) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by adding at the end \nthe following new paragraphs:\n ``(20) The term `advance appropriation' means \n appropriations that first become available one fiscal year or \n more beyond the fiscal year for which an appropriation Act \n making such funds available is enacted.\n ``(21)(A) Except as provided by subparagraph (B), the term \n `emergency requirement' means any provision that provides new \n budget authority and resulting outlays for a situation that \n poses a threat to life, property, or national security and is--\n ``(i) sudden, quickly coming into being, and not \n building up over time;\n ``(ii) an urgent, pressing, and compelling need \n requiring immediate action;\n ``(iii) subject to subparagraph (B), unforeseen, \n unpredictable, and unanticipated; and\n ``(iv) not permanent, temporary in nature.\n ``(B) An emergency that is part of an aggregate level of \n anticipated emergencies, particularly when normally estimated \n in advance, is not unforeseen.''.\n (b) Fire Suppression; Contingency Operations Related to Global War \non Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended by adding at the end the \nfollowing new subparagraph:\n ``(I) Fire suppression.--(i) If a bill or joint \n resolution is enacted that provides new budget \n authority for wildland fire suppression for fiscal year \n 2005 or fiscal year 2006 that would cause the level of \n total new budget authority for wildland fire \n suppression to exceed the base amount for that fiscal \n year, the adjustment for that fiscal year shall be the \n additional new budget authority provided for such \n purpose and the additional outlays flowing from such \n amounts, but shall not exceed--\n ``(I) for the Forest Service for fiscal \n year 2005 or fiscal year 2006 (as applicable), \n $400,000,000; and\n ``(II) for the Department of the Interior \n for fiscal year 2005 or fiscal year 2006 (as \n applicable), $100,000,000.\n ``(ii) For this subparagraph, the term ``base \n amount'' refers to the average of the obligations of \n the 10 fiscal years preceding the current year for \n wildfire suppression in the Forest Service and in the \n Department of the Interior, as calculated by OMB, but \n for fiscal year 2005 the base amount is $880,000,000.\n ``(J) Contingency operations related to global war \n on terrorism.--If, for fiscal year 2005, supplemental \n appropriations for discretionary accounts are enacted \n for contingency operations related to the global war on \n terrorism that, pursuant to this subparagraph, the \n President designates as a contingency operation related \n to the global war on terrorism and the Congress so \n designates in statute, the adjustment shall be the \n total of such appropriations in discretionary accounts \n so designated, but not to exceed $50,000,000,000, and \n the outlays flowing in all fiscal years from such \n appropriations.''.\n (c) Conforming Amendment.--The second sentence of section \n250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act \nof 1985 is amended to read as follows: ``The general purpose \ndiscretionary category shall consist of accounts designated in the \njoint explanatory statement of managers accompanying the conference \nreport on the Spending Control Act of 2004.''.\n\nSEC. 7. PROJECTIONS UNDER SECTION 257.\n\n Section 257(c) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by inserting after paragraph (6) the following \nnew paragraph:\n ``(7) Emergencies.--New budgetary resources designated \n under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed \n beyond the fiscal year for which they have been enacted.''.\n\nSEC. 8. REPORTS.\n\n Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended by \nstriking ``2002'' and inserting ``2006 (or 2009 solely for purposes of \nenforcing the discretionary spending limits for the highway and mass \ntransit categories)''.\n\nSEC. 9. EXPIRATION.\n\n Section 275(b) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by striking ``2002'' and inserting ``2006 (or \n2009 solely for purposes of enforcing the discretionary spending limits \nfor the highway and mass transit categories)''.","summary":"Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) revise for FY 2004 discretionary spending limits for the highway and mass transit categories. (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category. And (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category. Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts. Sets forth the level of obligation limitations for the highway and mass transit categories for FY 2004 through 2009. Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism. Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 . Extends certain budget enforcement requirements through FY 2006 .","title":"To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits.","text_len":16965,"sum_len":1697} {"bill_id":"103_hr4116","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Safe Corridors Act''.\n\nSEC. 2. STATEMENT OF PURPOSE.\n\n The purpose of this Act is to fund programs that establish \ncorridors of safety for senior citizens in crime-troubled areas.\n\nSEC. 3. GRANTS PROGRAMS TO ESTABLISH CORRIDORS OF SAFETY FOR SENIOR \n CITIZENS.\n\n Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended--\n (1) by redesignating part Q as part R;\n (2) by redesignating section 1701 as section 1801; and\n (3) by inserting after part P the following new part:\n\n ``PART Q--PROGRAMS TO ESTABLISH SAFE CORRIDORS FOR SENIOR CITIZENS\n\n``SEC. 1701. GRANT AUTHORIZATION.\n\n ``(a) In General.--The Director of the Bureau of Justice Assistance \nmay make grants under this part to States, and to units of local \ngovernment with populations of more than 100,000 individuals, to fund \nprograms that create corridors of safety for senior citizens in high-\ndensity senior citizen areas.\n ``(b) Uses of Funds.--Funds distributed under this part shall be \nused to fund programs that seek to decrease violent crimes against \nsenior citizens by increasing the numbers, protective presence, and \nwatchfulness of police, community group members, and others, and the \nwatchfulness of business owners and employees, in high-density senior \ncitizen areas. Programs may include escorting senior citizens.\n\n``SEC. 1702. APPLICATIONS.\n\n ``(a) In General.--To request a grant under this part, a State, or \na unit of local government with a population of more than 100,000 \nindividuals, shall submit an application to the Director in the form \nand containing the information that the Director reasonably requires.\n ``(b) Approval.--The Director shall approve or disapprove each \napplication made under subsection (a) within 60 days after the date \nthat the application is received by the Bureau of Justice Assistance.\n\n``SEC. 1703. CRITERIA.\n\n ``(a) Criteria.--In order to receive a grant under this part, an \napplicant shall--\n ``(1) demonstrate that there is significant violent crime \n against senior citizens in the high-density senior citizen \n areas that will be affected by the applicant's program;\n ``(2) state the number of senior citizens who will be \n served by the applicant's program, and define which individuals \n will be considered senior citizens for purposes of the program;\n ``(3) describe the manner in which the applicant, including \n the applicant's local governments and police, will involve \n other sectors of the community, including local businesses, \n community groups, religious institutions, and law enforcement \n personnel such as transit and public housing officers, in the \n applicant's program; and\n ``(4) comply with any other requirement established by the \n Director for purposes of this section.\n ``(b) Application of Criteria.--\n ``(1) In general.--The Director shall determine which \n applicants receive funding under this part based on the \n criteria referred to in subsection (a).\n ``(2) Priority.--If 2 applicants demonstrate equal need \n under the criteria referred to in paragraphs (1), (2), and (4) \n of subsection (a), the applicant whose proposed program shows \n the greatest amount and diversity of community involvement, as \n described in paragraph (3) of such subsection, shall be given \n priority in receiving a grant under this part.\n\n``SEC. 1704. LIMIT ON AMOUNT OF GRANT.\n\n ``(a) In General.--The amount of a grant made under this part may \nnot exceed 75 percent of the total costs, for the period for which the \ngrant is received, of the program funded by the grant.\n ``(b) Waiver of Requirement.--The Director may waive the \nrequirement of subsection (a) for a grant made to an applicant that is \na unit of local government, if the Director finds that--\n ``(1) the applicant has a compelling need for the program \n for which it is applying for funding under this part; and\n ``(2) the applicant has severe financial problems.\n\n``SEC. 1705. REPORTS BY GRANT RECIPIENTS.\n\n ``(a) In General.--A State or unit of local government that \nreceives funding for a program under this part shall submit, by a \ndeadline established by the Director, an annual report for each fiscal \nyear for which the funding is received, containing any information the \nDirector may require regarding the program.\n ``(b) Evaluation of Effect on Crime.--The report required by \nsubsection (a) with respect to any program shall include an evaluation \nof the effect of the program on violent crime against senior citizens \nin the high-density senior citizen areas in which the program operates.\n ``(c) Use of Grant Funds for Report.--A State or unit of local \ngovernment may spend not more than 2 percent of the funds received \nunder this part to compile the report required by subsection (a), or to \notherwise comply with subsections (a) and (b).\n\n``SEC. 1706. DEFINITIONS.\n\n ``For purposes of this part:\n ``(1) The term `applicant' means a State, or a unit of \n local government with a population of over 100,000 individuals, \n that applies for a grant under this part.\n ``(2) The term `Director' means the Director of the Bureau \n of Justice Assistance.\n ``(3) The term `high-density senior citizen area' means an \n area inside, surrounding, or adjacent to facilities or services \n that specialize in availability to senior citizens, such as a \n senior citizen program at a community center, a public housing \n authority or private senior citizen apartment complex, or a \n medical practice providing care to senior citizens.\n ``(4) The term `program' means a program described in \n section 1701(b).''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--Section 1001(a) of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at \nthe end the following new paragraph:\n ``(11) There are authorized to be appropriated, to carry \n out part Q, $50,000,000 for fiscal year 1995 and such sums as \n may be necessary for each of the fiscal years 1996 through \n 1998.''.\n (b) Technical Amendment.--Section 1001(a)(3) of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by \nstriking ``and O'' and inserting ``O, and Q''.\n\nSEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Evaluation of Programs.--Section 801(b) of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by \nstriking ``and O'' and inserting ``O, and Q''.\n (b) Process for Denied Applications.--Section 802(b) of the Omnibus \nCrime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is \namended in the 1st sentence by striking ``or O'' and inserting ``O, or \nQ''.\n (c) Table of Contents.--The table of contents of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 \nprec.) is amended by striking the items relating to part Q and \ninserting the following new items:\n\n ``Part Q--Programs To Establish Safe Corridors for Senior Citizens\n\n ``Sec. 1701. Grant authorization.\n ``Sec. 1702. Applications.\n ``Sec. 1703. Criteria.\n ``Sec. 1704. Limit on amount of grant.\n ``Sec. 1705. Reports by grant recipients.\n ``Sec. 1706. Definitions.\n ``Part R--Transition--Effective Date--Repealer\n\n ``Sec. 1801. Continuation of rules, authorities, and \n proceedings.''.","summary":"Senior Safe Corridors Act - 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 States, and to units of local government with populations exceeding 100,000, to fund programs that create corridors of safety for senior citizens in high-density senior citizen areas. Directs that such grants be used to fund programs that seek to decrease violent crime against senior citizens by increasing the numbers, protective presence, and watchfulness of police, community group members, and others, and the watchfulness of business owners and employees, in high-density senior citizen areas. Specifies that such programs may include escorting senior citizens. Sets forth provisions regarding: (1) application requirements, (2) criteria for application approval and priorities, (3) limits on grant amounts, and (4) reports by grant recipients. Authorizes appropriations.","title":"Senior Safe Corridors Act","text_len":7838,"sum_len":947} {"bill_id":"107_s1905","text":"SECTION 1. TABLE OF CONTENTS.\n\n (a) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Table of contents.\nSec. 2. References to title 38, United States Code.\n TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS\n\nSec. 101. Care for newborn children of enrolled women veterans.\nSec. 102. Outpatient dental care for all former prisoners of war.\nSec. 103. Pay comparability for Director, Nursing Service.\n TITLE II--VETERANS' BENEFIT PROGRAMS\n\nSec. 201. Limitation on provision of certain benefits.\nSec. 202. Clarification of procedures regarding disqualification of \n certain individuals for memorialization in \n veterans cemeteries.\nSec. 203. Clarification of the period for appealing rulings of the \n Board of Veterans' Appeals.\n TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS\n\nSec. 301. Repeal of cap on number of non-career members of senior \n executive service serving in VA.\nSec. 302. Repeal of preceding-service requirement for VA Deputy \n Assistant Secretaries.\nSec. 303. Revolving supply fund amendments.\nSec. 304. Redefinition of ``minority group member'' in 38 U.S.C. \n Sec. 544(d).\n\nSEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment is expressed in terms of an amendment to a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of title 38, United States Code.\n\n TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS\n\nSEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS.\n\n Section 1701 is amended:\n (1) in subsection (6),\n (A) by striking out ``and'' at the end of paragraph \n (A);\n (B) by adding ``and'' at the end of paragraph (B); \n and\n (C) by adding at the end the following new \n paragraph:\n ``(C) care for newborn children.''; and\n (2) by adding at the end the following new subsection:\n ``(11) The term ``care for newborn children'' means \n care provided to an infant of a woman veteran enrolled \n in the VA health care system. Such care may be provided \n until the mother is discharged from the hospital after \n delivery of the child or for 14 days after the date of \n birth of the child, whichever period is shorter, and \n only if the Department contracted for the delivery of \n the child.''.\n\nSEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR.\n\n Section 1712(a)(1)(F) is amended by striking out ``for a period of \nnot less than 90 days''.\n\nSEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE.\n\n (a) Section 7306(a)(5) is amended by adding at the end thereof, \n``The position shall be exempt from the provisions of section 7451 of \nthis title and shall be paid at the maximum rate payable to a Senior \nExecutive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and \n5382.''.\n (b) Section 7404 (d) is amended by deleting ``section'' the first \ntime it appears and inserting in its place ``sections 7306(a)(5) and''.\n\n TITLE II--VETERANS' BENEFIT PROGRAMS\n\nSEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS.\n\n (a) Prohibitions.--(1) Section 112 is amended by adding at the end \nthe following new subsection:\n ``(c) A certificate shall not be furnished under this program on \nbehalf of a deceased veteran described in section 2411(b) of this \ntitle.''.\n (2) Section 2301 is amended by adding at the end the following new \nsubsection:\n ``(f) A flag shall not be furnished under this section on behalf of \na deceased veteran described in section 2411(b) of this title.''.\n (3) Section 2306 is amended by adding at the end the following new \nsubsection:\n ``(f)(1) A headstone or marker shall not be furnished under \nsubsection (a) for the unmarked grave of an individual described in \nsection 2411(b) of this title.\n ``(2) A memorial headstone or marker shall not be furnished under \nsubsection (b) for the purpose of commemorating an individual described \nin section 2411(b) of this title.''.\n (b) Effective Date.--The amendments made by this section shall \napply to deaths occurring on or after the date of its enactment.\n\nSEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF \n CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS \n CEMETERIES.\n\n Section 2411(a)(2) is amended--\n (1) by striking ``The prohibition'' and inserting ``In the \n case of a person described in subsection (b)(1) or (b)(2), the \n prohibition''; and\n (2) by striking ``or finding under subsection (b)'' and \n inserting ``referred to in subsection (b)(1) or (b)(2), \n respectively''.\n\nSEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD \n OF VETERANS APPEALS.\n\n (a) Clarification.--Paragraph (1) of section 7266(a) is amended by \nstriking ``notice of the decision is mailed pursuant to section 7104(e) \nof this title'' and inserting ``a copy of the decision, pursuant to \nsection 7104(e) of this title, is mailed or sent to the claimant's \nrepresentative or, if the claimant is not represented, mailed to the \nclaimant''.\n (b) Effective Date.--The amendments made by subsection (a) apply to \nBoard of Veterans' Appeals decisions made on or after the date of \nenactment of this Act.\n\n TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS\n\nSEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR \n EXECUTIVE SERVICE SERVING IN VA.\n\n (a) Section 709(a) is repealed.\n (b) Section 709 is amended by re-designating subsections (b) and \n(c) as subsections (a) and (b), respectively.\n\nSEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY \n ASSISTANT SECRETARIES.\n\n (a) Section 308(d)(2) is repealed.\n (b) Section 308 is amended by deleting ``(1)'' from subsection (d).\n\nSEC. 303. REVOLVING SUPPLY FUND AMENDMENTS.\n\n Section 8121(a) is amended--\n (1) by adding ``and for medical supplies, equipment, and \n services for the Department of Defense'' after ``Department'';\n (2) in paragraph (2), by adding ``of the Department and the \n Department of Defense'' after ``appropriations''; and\n (3) in paragraph (3), by adding ``of the Department and the \n Department of Defense'' after ``appropriations''.\n\nSEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C. \n Sec. 544(D).\n\n Section 544(d) is amended to read as follows:\n ``(d) In this section, the term `minority group member' means an \nindividual who is--\n ``(1) American Indian or Alaska Native;\n ``(2) Asian;\n ``(3) African American;\n ``(4) Native Hawaiian or other Pacific Islander; or\n ``(5) Hispanic, Spanish, or Latino.''.","summary":"Revises Federal veterans' programs to: (1) include care for newborn children among medical services provided under the Department of Veterans Affairs health care program for an enrolled woman veteran. (2) require outpatient dental care for all former prisoners of war. (3) set the pay for the Director of Nursing Service at the maximum rate payable to a Senior Executive Service member. (4) prohibit a veteran's honorable service certificate from being awarded on behalf of a veteran convicted of a Federal or State crime. (5) repeal a limitation on the number of non-career members serving in the Department. (6) repeal a requirement for at least five years of continuous Federal service prior to appointment as a Department Deputy Assistant Secretary. (7) allow the Department's operation and maintenance revolving supply fund to be used for medical supplies, equipment, and services for the Department of Defense. And (8) include Spanish or Latino individuals under the definition of a minority group member for purposes of the Department's Advisory Committee on Minority Veterans.","title":"A bill to amend title 38, United States Code, to enhance veterans' programs and the ability of the Department of Veterans Affairs to administer them.","text_len":7221,"sum_len":1084} {"bill_id":"105_hr3884","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Governors Island Preservation and \nDevelopment Act of 1998''.\n\nSEC. 2. GOVERNORS ISLAND COMMISSION.\n\n Title I of the Federal Property and Administrative Services Act of \n1949 (40 U.S.C. 751 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 113. GOVERNORS ISLAND COMMISSION.\n\n ``(a) Establishment.--There is established a commission to be known \nas the `Governors Island Commission' (referred to in this section as \nthe `Commission').\n ``(b) Membership.--\n ``(1) In general.--The Commission shall be composed of 11 \n members, of whom--\n ``(A) 1 shall be the Administrator of General \n Services (or a designee);\n ``(B) 1 shall be the Secretary of the Interior (or \n a designee);\n ``(C) 1 shall be the Commandant of the Coast Guard \n (or a designee); and\n ``(D) 8 shall be individuals appointed by the \n President not later than 60 days after the date of \n enactment of this section, of whom--\n ``(i) 2 shall be appointed from among \n individuals recommended, not later than 30 days \n after the date of enactment of this section, by \n the Governor of the State of New York;\n ``(ii) 2 shall be appointed from among \n individuals recommended, not later than 30 days \n after the date of enactment of this section, by \n the mayor of the city of New York, New York;\n ``(iii) 1 shall be appointed from among \n individuals recommended, not later than 30 days \n after the date of enactment of this section, by \n the speaker of the city council of the city of \n New York, New York;\n ``(iv) 1 shall be a representative of a \n national historic preservation organization; \n and\n ``(v) 2 shall be other individuals that \n meet the qualifications stated in paragraph \n (3).\n ``(2) Failure to make recommendations.--If the Governor of \n the State of New York, mayor of the city of New York, New York, \n or speaker of the city council of the city of New York, New \n York, fails to submit recommendations under clause (i), (ii), \n or (iii) of paragraph (1)(D) on or before the date that is 30 \n days after the date of enactment of this section, the President \n shall proceed expeditiously to appoint a member or members, as \n the case may be, under that clause and may do so without regard \n to any recommendation that may be made under that clause after \n that date.\n ``(3) Qualifications to be considered.--In appointing \n members of the Commission under paragraph (1), the President \n shall consider New York State residents residing in the \n metropolitan New York City area with expertise in economic \n development, the real estate industry, the environment, \n tourism, education, historic properties, and civic \n undertakings.\n ``(c) Chairperson.--The Administrator of General Services shall \nserve as chairperson of the Commission.\n ``(d) Compensation; Travel Expenses.--\n ``(1) In general.--Subject to paragraph (2), a member of \n the Commission shall serve without compensation.\n ``(2) Travel expenses.--A member of the Commission shall be \n allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from the home or regular place of business of \n the member in the performance of the duties of the Commission.\n ``(e) Administrative Support Services.--The Administrator of \nGeneral Services and the heads of other Federal, State, and local \npublic agencies represented on the Commission shall provide such \nadministrative and other support services and facilities as the \nCommission may require to perform the duties of the Commission.\n ``(f) Duties.--The Commission shall--\n ``(1) conduct meetings and hold hearings in accordance with \n subsection (g);\n ``(2) consider each plan for the disposition of Governors \n Island, New York, that any person or entity may submit to the \n Commission; and\n ``(3) not later than 180 days after the date on which all \n of the members of the Commission have been appointed, submit to \n the President a recommendation for the disposition of Governors \n Island, New York.\n ``(g) Meetings; Hearings.--\n ``(1) Meetings.--The Commission shall conduct its first \n meeting not later than the date that is 15 days after the date \n on which all of the members of the Commission have been \n appointed and at such other times as the chairperson shall \n direct.\n ``(2) Hearings.--The Commission shall conduct at least 4 \n hearings at which members of the public shall be entitled to \n present views on the appropriate disposition of Governors \n Island.\n ``(3) Location.--All meetings and hearings conducted by the \n Commission shall be conducted in the city of New York, New \n York.\n ``(h) Recommendation.--The recommendation of the Commission for \ndisposition of Governors Island shall include specific proposals for--\n ``(1) the retention of ownership, in whole or in part, by \n the United States or the sale or transfer to State, city, or \n local public or private entities of all of or portions of the \n Island;\n ``(2) the rehabilitation, maintenance, and management of \n structures of national historic significance by the National \n Park Service or other public or private entities;\n ``(3) the use of portions of the Island for commercial \n activities, recreational activities, or private or public \n educational or residential purposes and other uses;\n ``(4) the appropriate proportions of Federal, State, and \n local public and private transitional funding and other \n assistance that will be required to make the recommended \n disposition economically feasible;\n ``(5) waiver of any provision of this Act or any other law \n the application of which the Commission determines would \n preclude or unduly interfere with the optimum future use of \n Governors Island; and\n ``(6) any Federal, State, or local legislation or \n regulation that may be necessary to allow implementation of the \n recommendation.\n ``(i) Implementation.--Notwithstanding or any other provision of \nthis Act or any other law--\n ``(1) the President shall have authority to implement a \n recommendation under subsection (f)(2); and\n ``(2) not later than 30 days after the date on which the \n Commission submits the recommendation, the President shall \n proceed to implement the recommendation, with such \n modifications as the President considers appropriate.\n ``(j) Termination.--The Commission shall cease to exist on the date \nthat is 30 days after the date on which the Commission submits a \nrecommendation under subsection (f)(2).''.\n\nSEC. 3. REPEAL.\n\n The Balanced Budget Act of 1997 is amended by striking section 9101 \n(111 Stat. 670).\n\nSEC. 4. TRANSFER OF SIGNIFICANT HISTORIC STRUCTURES TO THE NATIONAL \n PARK SERVICE.\n\n (a) In General.--Administrative jurisdiction over the structures \ndescribed in subsection (b) and adjacent grounds is transferred to the \nSecretary of the Interior, acting through the Director of the National \nPark Service (referred to in this section as the ``Secretary'').\n (b) Historic Structures.--The structures referred to in subsection \n(a) are the following structures on Governors Island, New York:\n (1) Castle Williams.\n (2) Fort Jay.\n (3) The Admiral's Headquarters.\n (4) The Governor's House.\n (5) The Block House.\n (c) Plan.--Not later than the date on which the Governors Island \nCommission submits its recommendation to the President under section \n113(f)(2) of the Federal Property and Administrative Services Act of \n1949, as added by section 2, the Secretary shall submit to Congress a \nplan for inclusion of the structures described in subsection (b) in the \nNational Park System.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated, for maintenance and \npreservation of Governors Island and its structures by the Coast Guard \nand the National Park Service--\n (1) $12,000,000 for fiscal year 1999; and\n (2) such sums as are necessary for fiscal year 2000 and \n each fiscal year thereafter.","summary":"Governors Island Preservation and Development Act of 1998 - Establishes the Governors Island Commission to: (1) conduct meetings and hold hearings in accordance with this Act. (2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission. And (3) within 180 days after all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. Repeals provisions of the Balanced Budget Act of 1997 providing for the sale of the Island. Provides for the transfer of administrative jurisdiction to the Secretary of the Interior, acting through the Director of the National Park Service, over the following structures and adjacent grounds on: (1) Castle Williams, (2) Fort Jay, (3) the Admiral's Headquarters, (4) the Governor's House. And (5) the Block House. Requires the Secretary of the Interior to submit to the Congress a plan for inclusion of the structures in the National Park System by the date on which the Commission submits its recommendation to the President. Authorizes appropriations.","title":"Governors Island Preservation and Development Act of 1998","text_len":9328,"sum_len":1139} {"bill_id":"113_hr5290","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Creating Opportunities for Military \nMembers to Use Transportation Efficiently Act of 2014'' or the \n``COMMUTE Act of 2014''.\n\nSEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM.\n\n (a) Establishment.--Not later than 6 months after the date of \nenactment of this Act, the Secretary shall establish a Military \nCommunity Infrastructure Program under which the Secretary may provide \ngrants to eligible entities for transportation infrastructure \nimprovement projects in military communities.\n (b) Application.--To be eligible for a grant under the Program, an \neligible entity shall submit to the Secretary an application at such \ntime, in such form, and containing such information as the Secretary \nmay require.\n (c) Eligible Projects.--\n (1) In general.--Grants awarded under the Program may be \n used for transportation infrastructure improvement projects, \n including--\n (A) the construction of roads;\n (B) the construction of mass transit and parking \n facilities;\n (C) the construction of, or upgrades to, pedestrian \n access and bicycle access; and\n (D) upgrades to public transportation systems.\n (2) Location.--To be eligible for a grant under the \n Program, a project described in paragraph (1) shall be--\n (A) related to improving access to a military \n installation, as determined by the Secretary; and\n (B) in a location that is--\n (i) within or abutting an urbanized area \n (as designated by the Bureau of the Census); \n and\n (ii) designated as a growth community by \n the Office of Economic Adjustment.\n (d) Considerations.--In awarding grants under the Program, the \nSecretary shall give consideration to--\n (1) the magnitude of the problem addressed by the project;\n (2) the proportion of the problem addressed by the project \n that is caused by military installation growth since the year \n 2000;\n (3) the number of servicemembers and civilian employees of \n the Department of Defense affected by the problem addressed by \n the project;\n (4) the size of the community affected by the problem \n addressed by the project;\n (5) the ability of the relevant eligible entity to execute \n the project; and\n (6) the extent to which the project resolves the \n transportation problem addressed.\n (e) Federal Share.--The Federal share of the cost of a project \ncarried out using grant amounts made available under the Program may \nnot exceed 80 percent.\n\nSEC. 3. TRAFFIC IMPACT STUDY.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Secretary shall conduct a traffic impact study for any \nurbanized area (as designated by the Bureau of the Census) that expects \na significant increase in traffic related to a military installation \nwithin or abutting the urbanized area.\n (b) Contents.--A traffic impact study under subsection (a) shall \ndetermine any transportation improvements needed because of an increase \nin the number of military personnel, including study of commute sheds \naffected by installation-related traffic.\n (c) Consultation.--In developing a traffic impact study under \nsubsection (a), the Secretary shall consult with--\n (1) the metropolitan planning organization or regional \n transportation planning organization with jurisdiction over the \n urbanized area; and\n (2) the commander of the appropriate military installation.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Eligible entity.--The term ``eligible entity'' means--\n (A) a State or political subdivision thereof;\n (B) an owner or operator of public transportation;\n (C) a local governmental authority (as such term is \n defined in section 5302 of title 49, United States \n Code);\n (D) a metropolitan planning organization; or\n (E) a regional transportation planning \n organization.\n (2) Metropolitan planning organization and regional \n transportation planning organization.--The terms ``metropolitan \n planning organization'' and ``regional transportation planning \n organization'' have the meanings given those terms in section \n 134(b) of title 23, United States Code.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Defense, acting through the Director of the Office of \n Economic Adjustment.\n (4) State.--The term ``State'' means each of the several \n States, the District of Columbia, and any territory or \n possession of the United States.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated, to carry out this Act, \n$200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal \nyears 2016 through 2019, to remain available until expended.","summary":"Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area.","title":"COMMUTE Act of 2014","text_len":5328,"sum_len":767} {"bill_id":"105_hr4705","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nEmployment Reduction Assistance Act of 1998''.\n\nSEC. 2. DEFINITIONS.\n\n For the purpose of this Act:\n (1) The term ``employee'' means an employee (as defined by \n section 2105 of title 5, United States Code) of the Department \n of Veterans Affairs who is serving under an appointment without \n time limitation and has been currently employed by the \n Department for a continuous period of at least 3 years, but \n does not include--\n (A) a reemployed annuitant under subchapter III of \n chapter 83 or chapter 84 of title 5, United States \n Code, or another retirement system for employees of the \n Government;\n (B) an employee having a disability on the basis of \n which such employee is eligible for disability \n retirement under subchapter III of chapter 83 or \n chapter 84 of title 5, United States Code, or another \n retirement system for employees of the Government;\n (C) an employee who is in receipt of a specific \n notice of involuntary separation for misconduct or \n unacceptable performance;\n (D) an employee who previously has received any \n voluntary separation incentive payment by the \n Government under this Act or any other authority;\n (E) an employee covered by statutory reemployment \n rights who is on transfer to another organization; or\n (F) an employee who, during the 24-month period \n preceding the date of separation, has received a \n recruitment or relocation bonus under section 5753 of \n title 5, United States Code, or a recruitment bonus \n under section 7458 of title 38, United States Code; and\n (G) any employee who, during the 12-month period \n preceding the date of separation, received a retention \n allowance under section 5754 of title 5, United States \n Code, or a retention bonus under section 7458 of title \n 38, United States Code.\n (2) The term ``Department'' means the Department of \n Veterans Affairs.\n (3) The term ``Secretary'' means the Secretary of Veterans \n Affairs.\n\nSEC. 3. DEPARTMENT PLANS; APPROVAL.\n\n (a) In General.--The Secretary, before obligating any resources for \nvoluntary separation incentive payments, shall submit to the Director \nof the Office of Management and Budget a strategic plan outlining the \nuse of such incentive payments and a proposed organizational chart \nfor the Department once such incentive payments have been completed.\n (b) Contents.--The plan shall specify--\n (1) the positions and functions to be reduced or \n eliminated, identified by organizational unit, geographic \n location, occupational category and grade level; the proposed \n coverage may be based on--\n (A) any component of the Department of Veterans \n Affairs;\n (B) any occupation, occupation level or type of \n position;\n (C) any geographic location; or\n (D) any appropriate combination of the factors in \n subparagraphs (A), (B), and (C);\n (2) the manner in which such reductions will improve \n operating efficiency or meet actual or anticipated levels of \n budget or staffing resources;\n (3) the period of time during which incentives may be paid; \n and\n (4) a description of how the affected components of the \n Department of Veterans Affairs will operate without the \n eliminated functions and positions.\n (c) Approval.--The Director of the Office of Management and Budget \nshall approve or disapprove each plan submitted under subsection (a) \nand may make appropriate modifications to the plan with respect to the \ntime period in which voluntary separation incentives may be paid, with \nrespect to the number and amounts of incentive payments, or with \nrespect to the coverage of incentives on the basis of the factors in \nsubsection (b)(1).\n\nSEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.\n\n (a) Authority To Provide Voluntary Separation Incentive Payments.--\n (1) In general.--The Secretary may pay a voluntary \n separation incentive payment to an employee only to the extent \n necessary to reduce or eliminate the positions and functions \n identified by the strategic plan.\n (2) Employees who may receive incentives.--In order to \n receive a voluntary separation incentive payment, an employee \n must separate from service with the Department voluntarily \n (whether by retirement or resignation) under the provisions of \n this Act.\n (b) Amount and Treatment of Payments.--A voluntary separation \nincentive payment--\n (1) shall be paid in a lump sum after the employee's \n separation;\n (2) shall be equal to the lesser of--\n (A) an amount equal to the amount the employee \n would be entitled to receive under section 5595(c) of \n title 5, United States Code, if the employee were \n entitled to payment under such section (without \n adjustment for any previous payment made under that \n section); or\n (B) an amount determined by the Secretary, not to \n exceed $25,000;\n (3) shall not be a basis for payment, and shall not be \n included in the computation, of any other type of Government \n benefit;\n (4) shall not be taken into account in determining the \n amount of severance pay to which an employee may be entitled \n under section 5595 of title 5, United States Code, based on any \n other separation; and\n (5) shall be paid from the appropriations or funds \n available for payment of the basic pay of the employee.\n\nSEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.\n\n (a) Repayment Upon Subsequent Employment.--An individual who has \nreceived a voluntary separation incentive payment under this Act and \naccepts any employment with the Government, or who works for any agency \nof the Government through a personal services contract, within five \nyears after the date of the separation on which the payment is based \nshall be required to repay, before the individual's first day of \nemployment, the entire amount of the incentive payment to the \nDepartment.\n (b) Waiver Authority for Certain Individuals.--(1) If the \nemployment under subsection (a) is with an Executive agency (as defined \nby section 105 of title 5, United States Code), the United States \nPostal Service, or the Postal Rate Commission, the Director of the \nOffice of Personnel Management may, at the request of the head of the \nagency, waive the repayment if the individual involved possesses unique \nabilities and is the only qualified applicant available for the \nposition.\n (2) If the employment under subsection (a) is with an entity in the \nlegislative branch, the head of the entity or the appointing official \nmay waive the repayment if the individual involved possesses unique \nabilities and is the only qualified applicant available for the \nposition.\n (3) If the employment under subsection (a) is with the judicial \nbranch, the Director of the Administrative Office of the United States \nCourts may waive the repayment if the individual involved possesses \nunique abilities and is the only qualified applicant available for the \nposition.\n (c) Definition.--For the purpose of this section, the term \n``employment'' includes--\n (1) for the purposes of subsections (a) and (b), employment \n of any length or under any type of appointment, but does not \n include employment that is without compensation; and\n (2) for the purposes of subsection (a), employment with any \n agency of the Government through a personal services contract.\n\nSEC. 6. ADDITIONAL AGENCY CONTRIBUTION TO RETIREMENT FUND.\n\n (a) Additional Contribution.--In addition to any other payments \nwhich it is required to make under subchapter III of chapter 83 or \nchapter 84 of title 5, United States Code, the Secretary shall remit to \nthe Office of Personnel Management for deposit in the Treasury of the \nUnited States to the credit of the Civil Service Retirement and \nDisability Fund an amount equal to 15 percent of the final basic pay of \neach employee of the Department who is covered under subchapter III of \nchapter 83 or chapter 84 of title 5 to whom a voluntary separation \nincentive has been paid under this Act.\n (b) Definition.--For the purpose of this section, the term ``final \nbasic pay'', with respect to an employee, means the total amount of \nbasic pay that would be payable for a year of service by that employee, \ncomputed using the employee's final rate of basic pay, and, if last \nserving on other than a full-time basis, with appropriate adjustment \ntherefor.\n\nSEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS.\n\n (a) In General.--The total full-time equivalent employment in the \nDepartment shall be reduced by one for each separation of an employee \nwho receives a voluntary separation incentive payment under this Act. \nThe reduction shall be calculated by comparing the Department's full-\ntime equivalent employment for the fiscal year in which the voluntary \nseparation payments are made with the actual full-time equivalent \nemployment for the prior fiscal year.\n (b) Enforcement.--The President, through the Office of Management \nand Budget, shall monitor the Department and take any action necessary \nto ensure that the requirements of this section are met.\n (c) Waiver Authority.--Subsection (a) may be waived upon a \ndetermination by the President that--\n (1) the existence of a state of war or other national \n emergency so requires; or\n (2) the existence of an extraordinary emergency which \n threatens life, health, safety, property, or the environment so \n requires.\n\nSEC. 8. CONTINUED HEALTH INSURANCE COVERAGE.\n\n Section 8905a(d)(4) of title 5, United States Code, is amended--\n (1) in subparagraph (A), by inserting after force ``, or an \n involuntary separation from a position in or under the \n Department of Veterans Affairs due to a reduction in force or a \n title 38 staffing adjustment'';\n (2) in subparagraph (B), by inserting at the beginning \n thereof ``With respect to the Department of Defense,'';\n (3) by redesignating subparagraph (C) as subparagraph (D);\n (4) by inserting after subparagraph (B) the following new \n subparagraph (C):\n ``(C) With respect to the Department of Veterans \n Affairs, this paragraph shall apply with respect to any \n individual whose continued coverage is based on a \n separation occurring on or after the date of the \n enactment of this subparagraph and before--\n ``(i) October 1, 2004; or\n ``(ii) February 1, 2005, if specific notice \n of such separation was given to such individual \n before October 1, 2004.''.\n\nSEC. 9. REGULATIONS.\n\n The Director of the Office of Personnel Management may prescribe \nany regulations necessary to administer the provisions of this Act.\n\nSEC. 10. LIMITATION; SAVINGS CLAUSE.\n\n (a) Limitation.--No voluntary separation incentive under this Act \nmay be paid based on the separation of an employee after September 30, \n2004.\n (b) Savings Clause.--This Act supplements and does not supersede \nother authority of the Secretary.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act shall take effect on the date of the enactment of this \nAct.","summary":"Department of Veterans Affairs Employment Reduction Assistance Act of 1998 - Directs the Secretary of Veterans Affairs, before obligating any resources for voluntary separation incentive payments (payments), to submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such payments and a proposed organizational chart for the Department of Veterans Affairs once such payments have been completed. Requires such plan to include: (1) the positions and functions to be reduced or eliminated, (2) their effects on meeting efficiency, budget, or staffing goals. (3) the period of time during which such incentives may be paid. And (4) a description of how the affected Department components will operate without the eliminated functions and positions. Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Secretary to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency. Or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.","title":"Department of Veterans Affairs Employment Reduction Assistance Act of 1998","text_len":12282,"sum_len":2002} {"bill_id":"103_hr3997","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Balanced Economic and Environmental \nPriorities Act of 1994''.\n\nSEC. 2. ECONOMIC IMPACT ANALYSES.\n\n Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is \namended by adding at the end the following:\n ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other \nprovision of this Act, an officer or employee of a Federal agency shall \nnot implement or enforce a designation, regulation, or recovery plan \ndescribed in subparagraph (B) unless--\n ``(i) the Secretary has prepared an economic impact \n analysis under this subsection with respect to the designation, \n regulation, or recovery plan;\n ``(ii) the Secretary determines, based on that analysis, \n that the benefits of that designation, regulation, or recovery \n plan outweigh the costs of that act; and\n ``(iii) the Secretary has published an economic impact \n statement describing the findings of that analysis.\n ``(B) The designation, regulations, and recovery plans referred to \nin subparagraph (A) are the following:\n ``(i) A designation of critical habitat under subsection \n (a)(2).\n ``(ii) A protective regulation issued under subsection (d).\n ``(iii) A recovery plan developed under subsection (f).\n ``(2)(A) The Secretary shall perform an economic impact analysis in \naccordance with this paragraph with respect to each designation, \nregulation, and recovery plan described in paragraph (1)(B).\n ``(B) An economic impact analysis under this paragraph shall \ninclude determination of the following:\n ``(i) The economic consequences of implementing and \n enforcing the designation, regulation, or recovery plan, \n including the aggregate statistical data which indicates--\n ``(I) identifiable and potential job losses or \n diminishments resulting from that implementation and \n enforcement,\n ``(II) identifiable losses or diminishments in the \n value of real property resulting from that \n implementation and enforcement, and\n ``(III) losses or diminishments in the value of \n business enterprises resulting from that implementation \n and enforcement.\n ``(ii) The effect that implementing and enforcing the \n designation, regulation, or recovery plan will have on tax \n revenues received by the Federal Government or by State and \n local governments, including any revenue losses attributable to \n losses or diminishments in value described in clause (i).\n ``(iii) The effect that implementing and enforcing the \n designation, regulation, or recovery plan will have on outlays \n by Federal, State, and local governments, including--\n ``(I) effects on payments made pursuant to \n subsection (l), and\n ``(II) effects on expenditures required for \n unemployment compensation, aid to families with \n dependent children under part A of title IV of the \n Social Security Act, medicaid under title XIX of the \n Social Security Act, and other Federal, State, and \n local government programs.\n ``(iv) The effect that implementing and enforcing the \n designation, regulation, or recovery plan will have on the \n competitive position of any individual business enterprise or \n aggregate industry affected by that action, determined jointly \n with the Secretary of Commerce.\n ``(v) The ecological and economic impacts of the extinction \n of any species that implementation and enforcement is intended \n to prevent.\n ``(vi) Any other potential economic, budgetary, or \n ecological effects that the Secretary considers appropriate.\n ``(3) The Secretary shall determine, based on the analysis \nperformed under paragraph (2), whether the costs of implementing and \nenforcing a designation, regulation, or recovery plan described in \nparagraph (1)(B) outweigh the benefits of that implementation and \nenforcement.''.\n\nSEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS \n ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION.\n\n Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), \nas amended by section 2, is amended by adding at the end the following:\n ``(k) Limitation of Losses Caused by Listing Species as Endangered \nSpecies or Threatened Species.--In implementing this Act with respect \nto an endangered species or threatened species included in a list \npublished under subsection (c), the Secretary shall limit economic \nlosses incurred by persons as a result of that implementation.\n ``(l) Compensation for Losses and Diminishments in Value.--(1) The \nSecretary shall pay to any person who incurs an economic loss as a \nresult of a species being included in a list of endangered species or \nthreatened species published under this section the amount of that \nloss, including--\n ``(A) any diminishment in the value of tangible or \n intangible property, and\n ``(B) any loss resulting from the loss or diminishment of a \n job.\n ``(2) The Secretary shall issue regulations establishing procedures \nfor obtaining payments under this subsection.\n ``(3) A person may not recover any amount under this subsection for \nany de minimis or wholly speculative loss.\n ``(4) Any denial by the Secretary of an application for payment \nunder this subsection may be appealed in the appropriate Federal \ndistrict court of the United States, including any determination by the \nSecretary that a person is ineligible for payment by reason of \nparagraph (3).\n ``(5) A person (including any State or local governmental entity) \nmay intervene in any proceeding under this subsection for the purpose \nof assisting the Secretary in issuing payments under this \nsubsection.''.\n\nSEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED \n SPECIES LIST.\n\n (a) Approval Requirement.--Section 4(c) of the Endangered Species \nAct of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the \nfollowing:\n ``(3) Congressional approval required.--An addition of a \n species to the list of threatened or endangered species that is \n maintained under this subsection shall not be effective before \n the date of the enactment of an Act of Congress that approves \n that addition.''.\n (b) Application.--The amendment made by subsection (a) shall apply \nto additions after the date of the enactment of this Act to the list of \nthreatened or endangered species.\n\nSEC. 5. IMPLEMENTATION.\n\n (a) Effective Date.--The amendments made by sections 2 and 3 shall \nbe effective January 1, 1986.\n (b) Review of Prior Listings.--Not later than 1 year after the date \nof the enactment of this Act, the Secretary of the Interior shall--\n (1) review each addition on or after January 1, 1986, of a \n species to a list of endangered species or threatened species \n published under section 4 of the Endangered Species Act of 1973 \n (16 U.S.C. 1533);\n (2) prepare with respect to each species so added an \n economic impact analysis and economic impact statement in \n accordance with the amendments made by this Act; and\n (3) publish a list of all designations of critical habitat, \n regulations, and recovery plans in effect on the date of that \n publication, the implementation and enforcement of which is \n prohibited by the amendments made by this Act.\n (c) Compensation for Losses.--A person may not be paid under \nsection 4(l) of the Endangered Species Act of 1973, as amended by this \nAct, for any loss incurred as a result of a species being added to a \nlist of endangered species or threatened species published under that \nAct during the period beginning January 1, 1986, and ending on the date \nof the enactment of this Act, except for losses incurred as a result of \nthe implementation or enforcement of designations of critical habitat, \nregulations, and recovery plans that are not included in the list \npublished under subsection (b)(3) of this Act.","summary":"Balanced Economic and Environmental Priorities Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit a Federal officer or employee from implementing or enforcing a designation of critical habitat, an issued protective regulation, or a developed recovery plan under such Act unless the Secretary : (1) prepares an economic impact analysis with respect to such designation, regulation, or recovery plan. (2) determines that the benefits of it outweigh the costs of it. And (3) publishes an economic impact statement describing the findings of the analysis. Establishes guidelines for such economic impact analysis. Directs the Secretary to: (1) limit economic losses incurred by persons caused by listing species as endangered or threatened. And (2) compensate such persons for any diminishments in the value of tangible or intangible property, and in the loss or diminishment of a job. Requires congressional approval of any additions to the endangered species list. Directs the Secretary of the Interior to: (1) review endangered or threatened species added on or after such date to a published list of endangered or threatened species under the Endangered Species Act of 1973. (2) prepare an economic impact analysis and statement with respect to them. And (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication . Prohibits a person from being paid for any loss incurred by species being added to a list of endangered species or threatened species published under the Endangered Species Act of 1973 during the period beginning January 1, 1986, and ending on the enactment of this Act, except for losses resulting from the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under this Act.","title":"Balanced Economic and Environmental Priorities Act of 1994","text_len":8482,"sum_len":1874} {"bill_id":"103_hr4257","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Revolutionary War Historic \nPreservation Study Act of 1994''.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``Commission'' means the Revolutionary War \n Sites Advisory Commission established in section 4;\n (2) the term ``Secretary'' means the Secretary of the \n Interior; and\n (3) the term ``Revolutionary War sites'' means those sites \n and structures situated in the United States which are \n thematically tied with the nationally significant events that \n occurred during the Revolutionary War.\n\nSEC. 3. FINDINGS.\n\n The Congress finds that--\n (1) Revolutionary War sites provide a means for Americans \n to understand and interpret that period in American history;\n (2) the historical integrity of many of these sites are at \n risk because they are located in regions which are undergoing \n rapid urban and suburban development; and\n (3) it is important to obtain current information on the \n significance of such sites, threats to their integrity, and \n alternatives for their preservation and interpretation for the \n benefit of the Nation.\n\nSEC. 4. ESTABLISHMENT OF REVOLUTIONARY WAR SITES ADVISORY COMMISSION.\n\n (a) In General.--There is hereby established the Revolutionary War \nSites Advisory Commission. The Commission shall consist of 13 members \nappointed as follows:\n (1) Three individuals who are nationally recognized as \n experts and authorities on the history of the Revolutionary \n War, and 2 individuals who are nationally recognized as experts \n and authorities in historic preservation and land use planning, \n appointed by the Secretary.\n (2) The Director of the National Park Service or his or her \n designee.\n (3) The chair of the Advisory Council on Historic \n Preservation, or his or her designee.\n (4) Three individuals appointed by the Speaker of the \n United States House of Representatives in consultation with the \n chairman and ranking minority member of the Committee on \n Natural Resources.\n (5) Three individuals appointed by the President Pro \n Tempore of the United States Senate in consultation with the \n chairman and ranking minority member of the Committee on Energy \n and Natural Resources.\n (b) Chair.--The Commission shall elect a chair from among its \nmembers.\n (c) Vacancies.--Vacancies occurring on the Commission shall not \naffect the authority of the remaining members of the Commission to \ncarry out the functions of the Commission. Any vacancy in the \nCommission shall be promptly filled in the same manner in which the \noriginal appointment was made.\n (d) Quorum.--A simple majority of Commission members shall \nconstitute a quorum.\n (e) Meetings.--The Commission shall meet at least quarterly or upon \nthe call of the chair or a majority of the members of the Commission.\n (f) Compensation.--Members of the Commission shall serve without \ncompensation. Members of the Commission, when engaged in official \nCommission business, shall be entitled to travel expenses, including \nper diem in lieu of subsistence, in the same manner as persons employed \nintermittently in government service under section 5703 of title 5, \nUnited States Code.\n (g) Termination.--The Commission established by this section shall \nterminate 90 days after the transmittal of the report to Congress as \nprovided in section 7(c).\n\nSEC. 5. STAFF OF THE COMMISSION.\n\n (a) Executive Director.--The Director of the National Park Service, \nor his or her designee, shall serve as the Executive Director of the \nCommission.\n (b) Staff.--The Director of the National Park Service shall, on a \nreimbursable basis, detail such staff as the Commission may require to \ncarry out its duties.\n (c) Staff of Other Agencies.--Upon the request of the Commission, \nthe head of any Federal agency may detail, on a reimbursable basis, any \nof the personnel of such agency to the Commission to assist the \nCommission in carrying out its duties.\n (d) Experts and Consultants.--Subject to such rules as may be \nadopted by the Commission, the Commission may procure temporary and \nintermittent services to the same extent as authorized by section \n3109(b) of title 5, United States Code, but at rates determined by the \nCommission to be reasonable.\n\nSEC. 6. POWERS OF THE COMMISSION.\n\n (a) In General.--The Commission may for the purpose of carrying out \nthis Act hold such hearings, sit and act at such times and places, take \nsuch testimony, and receive such evidence as the Commission may deem \nadvisable.\n (b) Bylaws.--The Commission may make such bylaws, rules, and \nregulations, consistent with this Act, as it considers necessary to \ncarry out its functions under this Act.\n (c) Delegation.--When so authorized by the Commission, any member \nor agent of the Commission may take any action which the Commission is \nauthorized to take by this section.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and upon the same conditions as other departments and \nagencies of the United States.\n\nSEC. 7. DUTIES OF THE COMMISSION.\n\n (a) Preparation of Study.--The Commission shall prepare a study of \nRevolutionary War sites. Such study shall identify the sites, determine \nthe relative significance of such sites, assess short- and long-term \nthreats to their integrity, and provide alternatives for the \npreservation and interpretation of such sites by Federal, State, and \nlocal governments, or other public or private entities, as may be \nappropriate. The Commission shall research and propose innovative open \nspace and land preservation techniques. Such alternatives may include \n(but shall not be limited to) designation as units of the National Park \nSystem or as affiliated areas. The study may include existing units of \nthe National Park System.\n (b) Consultation.--During the preparation of the study referred to \nin subsection (a), the Commission shall consult with the Governors of \naffected States, affected units of local government, State and local \nhistoric preservation organizations, scholarly organizations, and such \nother interested parties as the Commission deems advisable.\n (c) Transmittal to the Secretary and Congress.--Not later than 2 \nyears after the date that funds are made available for the study \nreferred to in subsection (a), the Commission shall transmit such study \nto the Secretary and the Committee on Natural Resources of the United \nStates House of Representatives and the Committee on Energy and Natural \nResources of the United States Senate.\n (d) Report.--Whenever the Commission submits a report of the study \nto the Secretary or the Office of Management and Budget, it shall \nconcurrently transmit copies of that report to the Committee on Natural \nResources of the United States House of Representatives and the \nCommittee on Energy and Natural Resources of the United States Senate.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Revolutionary War Historic Preservation Study Act of 1994 - Establishes the Revolutionary War Sites Advisory Commission to: (1) prepare a study of Revolutionary War sites which shall identify their significance, determine threats to their integrity, and provide alternatives for their preservation and interpretation. And (2) report to the Secretary of the Interior and specified congressional committees. Requires the Commission to research and propose innovative open space and land preservation techniques such as designation as units of the National Park System (NPS) or as affiliated areas. Allows the study to include existing NPS units. Authorizes appropriations.","title":"Revolutionary War Historic Preservation Study Act of 1994","text_len":7328,"sum_len":670} {"bill_id":"109_s3114","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Catastrophic Disaster \nRisk and Insurance Act of 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Hurricanes Katrina, Rita, and Wilma, which struck the \n United States in 2005, caused over $200 billion in total \n economic losses, including insured and uninsured losses.\n (2) Although private sector insurance is currently \n available to spread some catastrophe-related losses throughout \n the Nation and internationally, most experts believe there will \n be significant insurance and reinsurance shortages, resulting \n in dramatic rate increases for consumers and businesses, and \n the unavailability of catastrophe insurance.\n (3) The Federal Government has provided and will continue \n to provide billions of dollars and resources to pay for losses \n from catastrophes, including hurricanes, volcanic eruptions, \n tsunamis, tornados, and other disasters, at huge costs to \n American taxpayers.\n (4) The Federal Government has a critical interest in \n ensuring appropriate and fiscally responsible risk management \n of catastrophes. Mortgages require reliable property insurance, \n and the unavailability of reliable property insurance would \n make most real estate transactions impossible. In addition, the \n public health, safety, and welfare demand that structures \n damaged or destroyed in a catastrophe be reconstructed as soon \n as possible. Therefore, the inability of the private sector \n insurance and reinsurance markets to maintain sufficient \n capacity to enable Americans to obtain property insurance \n coverage in the private sector endangers the national economy \n and the public health, safety, and welfare.\n (5) Multiple proposals have been introduced in the United \n States Congress over the past decade to address catastrophic \n risk insurance, including the creation of a national \n catastrophic reinsurance fund and the revision of the Federal \n tax code to allow insurers to use tax-deferred catastrophe \n funds, yet Congress has failed to act on any of these \n proposals.\n (6) To the extent the United States faces high risks from \n catastrophe exposure, essential technical information on \n financial structures and innovations in the catastrophe \n insurance market is needed.\n (7) The most efficient and effective approach to assessing \n the catastrophe insurance problem in the public policy context \n is to establish a bipartisan commission of experts to study the \n management of catastrophic disaster risk, and to require such \n commission to timely report its recommendations to Congress so \n that Congress can quickly craft a solution to protect the \n American people.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a bipartisan Commission on Catastrophic \nDisaster Risk and Insurance (in this Act referred to as the \n``Commission'').\n\nSEC. 4. MEMBERSHIP.\n\n (a) Members.--The Commission shall be composed of the following:\n (1) The Director of the Federal Emergency Management Agency \n or a designee of the Director.\n (2) The Administrator of the National Oceanic and \n Atmospheric Administration or a designee of the Administrator.\n (3) 12 additional members or their designees of whom one \n shall be--\n (A) a representative of a consumer group;\n (B) a representative of a primary insurance \n company;\n (C) a representative of a reinsurance company;\n (D) an independent insurance agent with experience \n in writing property and casualty insurance policies;\n (E) a State insurance regulator;\n (F) a State emergency operations official;\n (G) a scientist;\n (H) a faculty member of an accredited university \n with experience in risk management;\n (I) a member of nationally recognized think tank \n with experience in risk management;\n (J) a homebuilder with experience in structural \n engineering;\n (K) a mortgage lender; and\n (L) a nationally recognized expert in antitrust \n law.\n (b) Manner of Appointment.--\n (1) In general.--Any member of the Commission described \n under subsection (a)(3) shall be appointed only upon unanimous \n agreement of--\n (A) the majority leader of the Senate;\n (B) the minority leader of the Senate;\n (C) the Speaker of the House of Representatives; \n and\n (D) the minority leader of the House of \n Representatives.\n (2) Consultation.--In making any appointment under \n paragraph (1), each individual described in paragraph (1) shall \n consult with the President.\n (c) Eligibility Limitation.--Except as provided in subsection (a), \nno member or officer of the Congress, or other member or officer of the \nExecutive Branch of the United States Government or any State \ngovernment may be appointed to be a member of the Commission.\n (d) Period of Appointment.--\n (1) In general.--Each member of the Commission shall be \n appointed for the life of the Commission.\n (2) Vacancies.--A vacancy on the Commission shall not \n affect its powers, but shall be filled in the same manner as \n the original appointment was made.\n (e) Quorum.--\n (1) Majority.--A majority of the members of the Commission \n shall constitute a quorum, but a lesser number may hold \n hearings.\n (2) Approval actions.--All recommendations and reports of \n the Commission required by this Act shall be approved only by a \n majority vote of a quorum of the Commission.\n (f) Chairperson.--The majority leader of the Senate, the minority \nleader of the Senate, the Speaker of the House of Representatives, and \nthe minority leader of the House of Representatives shall jointly \nselect 1 member appointed pursuant to subsection (a) to serve as the \nChairperson of the Commission.\n (g) Meetings.--The Council shall meet at the call of its \nChairperson or a majority of its members at any time.\n\nSEC. 5. DUTIES OF THE COMMISSION.\n\n The Commission shall--\n (1) assess--\n (A) the condition of the property and casualty \n insurance and reinsurance markets in the aftermath of \n Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 \n major hurricanes that struck the United States in 2004; \n and\n (B) the ongoing exposure of the United States to \n earthquakes, volcanic eruptions, tsunamis, and floods; \n and\n (2) recommend and report, as required under section 6, any \n necessary legislative and regulatory changes that will--\n (A) improve the domestic and international \n financial health and competitiveness of such markets; \n and\n (B) assure consumers of the--\n (i) availability of adequate insurance \n coverage when an insured event occurs; and\n (ii) best possible range of insurance \n products at competitive prices.\n\nSEC. 6. REPORT.\n\n (a) In General.--Not later than 90 days after the appointment of \nCommission members under section 4, the Commission shall submit to the \nPresident and the Congress a final report containing a detailed \nstatement of its findings, together with any recommendations for \nlegislation or administrative action that the Commission considers \nappropriate, in accordance with the requirements of section 5.\n (b) Considerations.--In developing any recommendations under \nsubsection (a), the Commission shall consider--\n (1) the catastrophic insurance and reinsurance market \n structures and the relevant commercial practices in such \n insurance industries in providing insurance protection to \n different sectors of the American population;\n (2) the constraints and opportunities in implementing a \n catastrophic insurance system that can resolve key obstacles \n currently impeding broader implementation of catastrophe risk \n management and financing with insurance;\n (3) methods to improve risk underwriting practices, \n including--\n (A) analysis of modalities of risk transfer for \n potential financial losses;\n (B) assessment of private securitization of \n insurances risks;\n (C) private-public partnerships to increase \n insurance capacity in constrained markets; and\n (D) the financial feasibility and sustainability of \n a national catastrophe pool or regional catastrophe \n pools designed to provide adequate insurance coverage \n and increased underwriting capacity to insurers and \n reinsurers;\n (4) approaches for implementing a public insurance scheme \n for low-income communities, in order to promote risk reduction \n and explicit insurance coverage in such communities;\n (5) methods to strengthen insurance regulatory requirements \n and supervision of such requirements, including solvency for \n catastrophic risk reserves;\n (6) methods to promote public insurance policies linked to \n programs for loss reduction in the uninsured sectors of the \n American population;\n (7) methods to strengthen the risk assessment and \n enforcement of structural mitigation and vulnerability \n reduction measures, such as zoning and building code \n compliance;\n (8) the appropriate role for the Federal Government in \n stabilizing the property and casualty insurance and reinsurance \n markets, with an analysis--\n (A) of options such as--\n (i) a reinsurance mechanism;\n (ii) the modernization of Federal taxation \n policies; and\n (iii) an ``insurance of last resort'' \n mechanism; and\n (B) how to fund such options; and\n (9) the merits of the 3 principle legislative proposals \n currently pending in the 109th Congress, namely:\n (A) The creation of a Federal catastrophe fund to \n act as a backup to State catastrophe funds;\n (B) Tax-deferred catastrophe accounts for insurers; \n and\n (C) Tax-free catastrophe accounts for \n policyholders.\n\nSEC. 7. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission or, at the direction of the \nCommission, any subcommittee or member of the Commission, may, for the \npurpose of carrying out this Act--\n (1) hold such public hearings in such cities and countries, \n sit and act at such times and places, take such testimony, \n receive such evidence, and administer such oaths or \n affirmations as the Commission or such subcommittee or member \n considers advisable; and\n (2) require, by subpoena or otherwise, the attendance and \n testimony of such witnesses and the production of such books, \n records, correspondence, memoranda, papers, documents, tapes, \n and materials as the Commission or such subcommittee or member \n considers advisable.\n (b) Issuance and Enforcement of Subpoenas.--\n (1) Issuance.--Subpoenas issued under subsection (a) shall \n bear the signature of the Chairperson of the Commission and \n shall be served by any person or class of persons designated by \n the Chairperson for that purpose.\n (2) Enforcement.--In the case of contumacy or failure to \n obey a subpoena issued under subsection (a), the United States \n district court for the judicial district in which the \n subpoenaed person resides, is served, or may be found may issue \n an order requiring such person to appear at any designated \n place to testify or to produce documentary or other evidence. \n Any failure to obey the order of the court may be punished by \n the court as a contempt of that court.\n (3) Confidentiality.--\n (A) In general.--Information obtained under a \n subpoena issued under subsection (a) which is deemed \n confidential, or with reference to which a request for \n confidential treatment is made by the person furnishing \n such information--\n (i) shall be exempt from disclosure under \n section 552 of title 5, United States Code; and\n (ii) shall not be published or disclosed \n unless the Commission determines that the \n withholding of such information is contrary to \n the interest of the United States.\n (B) Exception.--The requirements of subparagraph \n (A) shall not apply to the publication or disclosure of \n any data aggregated in a manner that ensures protection \n of the identity of the person furnishing such data.\n (c) Authority of Members or Agents of the Commission.--Any member \nor agent of the Commission may, if authorized by the Commission, take \nany action which the Commission is authorized to take by this Act.\n (d) Obtaining Official Data.--\n (1) Authority.--Notwithstanding any provision of section \n 552a of title 5, United States Code, the Commission may secure \n directly from any department or agency of the United States any \n information necessary to enable the Commission to carry out the \n purposes of this Act.\n (2) Procedure.--Upon request of the Chairperson of the \n Commission, the head of that department or agency shall furnish \n the information requested to the Commission.\n (e) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (f) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, any administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (g) Gifts.--\n (1) In general.--The Commission may accept, use, and \n dispose of gifts or donations of services or property.\n (2) Regulations.--The Commission shall adopt internal \n regulations governing the receipt of gifts or donations of \n services or property similar to those described in part 2601 of \n title 5, Code of Federal Regulations.\n\nSEC. 8. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Commission who is \nnot an officer or employee of the Federal Government shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for GS-18 of the General Schedule under section \n5332 of title 5, United States Code, for each day (including travel \ntime) during which such member is engaged in the performance of the \nduties of the Commission. All members of the Commission who are \nofficers or employees of the United States shall serve without \ncompensation in addition to that received for their services as \nofficers or employees of the United States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (c) Subcommittees.--The Commission may establish subcommittees and \nappoint persons to such subcommittees as the Commission considers \nappropriate.\n (d) Staff.--Subject to such policies as the Commission may \nprescribe, the Chairperson of the Commission may appoint and fix the \npay of such additional personnel as the Chairperson considers \nappropriate to carry out the duties of the Commission.\n (e) Applicability of Certain Civil Service Laws.--Subcommittee \nmembers and staff of the Commission may be--\n (1) appointed without regard to the provisions of title 5, \n United States Code, governing appointments in the competitive \n service; and\n (2) paid without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of that title relating to \n classification and General Schedule pay rates, except that an \n individual so appointed may not receive pay in excess of the \n annual rate of basic pay prescribed for GS-18 of the General \n Schedule under section 5332 of that title.\n (f) Experts and Consultants.--In carrying out its objectives, the \nCommission may procure temporary and intermittent services of \nconsultants and experts under section 3109(b) of title 5, United States \nCode, at rates for individuals which do not exceed the daily equivalent \nof the annual rate of basic pay prescribed for GS-18 of the General \nSchedule under section 5332 of that title.\n (g) Detail of Government Employees.--Upon request of the \nChairperson of the Commission, any Federal Government employee may be \ndetailed to the Commission to assist in carrying out the duties of the \nCommission--\n (1) on a reimbursable basis; and\n (2) such detail shall be without interruption or loss of \n civil service status or privilege.\n\nSEC. 9. TERMINATION.\n\n The Commission shall terminate 60 days after the date on which the \nCommission submits its report under section 6.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $5,000,000 to carry out the \npurposes of this Act.","summary":"Commission on Catastrophic Disaster Risk and Insurance Act of 2006 - Establishes a bipartisan Commission on Catastrophic Disaster Risk and Insurance to assess: (1) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004. (2) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods. And (3) recommend and report legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such markets.","title":"A bill to establish a bipartisan commission on insurance reform.","text_len":18905,"sum_len":645} {"bill_id":"110_hr642","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Honorable Stephanie Tubbs Jones \nCollege Fire Prevention Act''.\n\nSEC. 2. ESTABLISHMENT OF THE HONORABLE STEPHANIE TUBBS JONES FIRE \n SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM.\n\n (a) Grants.--The Secretary of Education (in this Act referred to as \nthe ``Secretary''), in consultation with the United States Fire \nAdministration, shall establish a demonstration program to award grants \non a competitive basis to eligible entities for the purpose of \ninstalling fire sprinkler systems, or other fire suppression or \nprevention technologies, in student housing and dormitories owned or \ncontrolled by such entities.\n (b) Eligible Entity.--For purposes of this Act, the term ``eligible \nentity'' means any of the following:\n (1) An institution of higher education (as that term is \n defined in section 102 of the Higher Education Act of 1965 (20 \n U.S.C. 1002)), including an institution eligible to receive \n assistance under part A or B of title III or title V of such \n Act.\n (2) A social fraternity or sorority exempt from taxation \n under section 501(a) of the Internal Revenue Code of 1986 (26 \n U.S.C. 501(a)), the active membership of which consists \n primarily of students in attendance at an institution of higher \n education (as that term is defined in section 102 of the Higher \n Education Act of 1965 (20 U.S.C. 1002)).\n (c) Selection Priority.--In making grants under subsection (a), the \nSecretary shall give priority to eligible entities that demonstrate the \ngreatest financial need.\n (d) Reserved Amounts.--\n (1) In general.--Of the amount made available to the \n Secretary for grants under this section for each fiscal year, \n the Secretary shall award--\n (A) not less than 10 percent to eligible entities \n that are institutions described in subsection (b)(1) \n that are eligible to receive assistance under part A or \n B of title III or title V of the Higher Education Act \n of 1965 ; and\n (B) not less than 10 percent to eligible entities \n that are social fraternities and sororities described \n in subsection (b)(2).\n (2) Plan required.--The Secretary shall develop a plan to \n inform entities described in subparagraphs (A) and (B) of \n paragraph (1) that such entities may be eligible to apply for \n grants under this section.\n (3) Insufficient applicants.--If the Secretary determines \n that there are an insufficient number of qualified applicants \n to award the reserved amounts required in accordance with \n paragraph (1), the Secretary shall make available the remainder \n of such reserved amounts for use by other eligible entities.\n (e) Application.--To seek a grant under this section, an eligible \nentity shall submit an application to the Secretary at such time, in \nsuch manner, and accompanied by such information as the Secretary may \nrequire.\n (f) Matching Requirement.--As a condition of receipt of a grant \nunder subsection (a), the applicant shall provide (directly or through \ndonations from public or private entities) non-Federal matching funds \nin an amount equal to not less than 50 percent of the cost of the \nactivities for which assistance is sought.\n (g) Supplement Not Supplant.--Funds made available under this \nprogram shall be used to supplement, not supplant, other funds that \nwould otherwise be expended to carry out fire safety activities.\n (h) Limitation on Administrative Expenses.--Not more than 2 percent \nof a grant made under subsection (a) may be expended for administrative \nexpenses with respect to the grant.\n (i) Reports.--Not later than 12 months after the date of the first \naward of a grant under this section and annually thereafter until \ncompletion of the program, the Secretary shall provide to the Congress \na report that includes the following:\n (1) The number and types of eligible entities receiving \n assistance under this section.\n (2) The amounts of such assistance, the amounts and sources \n of non-Federal funding leveraged for activities under grants \n under this section, and any other relevant financial \n information.\n (3) The number and types of student housing fitted with \n fire suppression or prevention technologies with assistance \n under this section, and the number of students protected by \n such technologies.\n (4) The types of fire suppression or prevention \n technologies installed with assistance under this section, and \n the costs of such technologies.\n (5) Identification of Federal and State policies that \n present impediments to the development and installation of fire \n suppression or prevention technologies.\n (6) Any other information determined by the Secretary to be \n useful to evaluating the overall effectiveness of the program \n established under this section in improving the fire safety of \n student housing.\n (j) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this Act such sums for each of the fiscal \nyears 2009 through 2011.\n\nSEC. 3. ADMISSIBILITY AS EVIDENCE.\n\n (a) Prohibition.--Notwithstanding any other provision of law and \nsubject to subsection (b), any application for assistance under this \nAct, any negative determination on the part of the Secretary with \nrespect to such application, or any statement of reasons for the \ndetermination, shall not be admissible as evidence in any proceeding of \nany court, agency, board, or other entity.\n (b) Exception.--This section does not apply to the admission of an \napplication, determination, or statement described in subsection (a) as \nevidence in a proceeding to enforce an agreement entered into between \nthe Secretary and an eligible entity under section 2.\n\n Passed the House of Representatives September 23, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Honorable Stephanie Tubbs Jones College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to institutions of higher education (IHEs), fraternities, and sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Gives grant priority to applicants that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least 10 for historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and IHEs that are eligible for Institutional Aid under the Higher Education Act of 1965. And (2) at least 10 for social fraternities and sororities. Prohibits the use of more than 2 of a grant for administrative expenses. Directs the Secretary to report to Congress regarding such grant program and governmental policies that impede the development and installation of fire suppression or prevention technologies. Authorizes FY2009-FY2011 appropriations for the grant program. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity .","title":"To establish the Honorable Stephanie Tubbs Jones Fire Suppression Demonstration Incentive Program within the Department of Education to promote installation of fire sprinkler systems, or other fire suppression or prevention technologies, in qualified student housing and dormitories, and for other purposes.","text_len":6388,"sum_len":1544} {"bill_id":"108_s2846","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nye County Higher Education Campus \nConveyance Act''.\n\nSEC. 2. DEFINITIONS.\n\n (a) Definitions.--In this Act:\n (1) Chancellor.--The term ``Chancellor'' means the \n Chancellor of the University system.\n (2) County.--The term ``County'' means the County of Nye, \n Nevada.\n (3) College.--The term ``College'' means the Nye County \n Nevada Higher Education Campus in Pahrump Valley, Nevada, a \n component of the University system.\n (4) Federal land.--The term ``Federal land'' means the \n parcel of Bureau of Land Management land identified on the map \n as the N\\1\/2\\ (excluding the NW\\1\/4\\NW\\1\/4\\) of sec. 2 of T. 21 \n S., R. 54 E.\n (5) Map.--The term ``map'' means the map entitled \n ``Southern Nevada Public Land Management Act'' and dated \n October 1, 2002.\n (6) State.--The term ``State'' means the State of Nevada.\n (7) University system.--The term ``University system'' \n means the University and Community College System of Nevada.\n\nSEC. 3. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF \n NEVADA.\n\n (a) In General.--Notwithstanding the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of the \nAct of June 14, 1926 (commonly known as the ``Recreation and Public \nPurposes Act'') (43 U.S.C. 869(c)), not later than 1 year after the \ndate on which a survey defining the official metes and bounds of the \nFederal land is approved by the Secretary, the Secretary shall convey \nto the University system without consideration, all right, title, and \ninterest of the United States in and to the Federal land for use as a \ncampus for the College.\n (b) Conditions.--\n (1) In general.--As a condition of the conveyance under \n subsection (a), the Chancellor shall agree in writing--\n (A) to pay any administrative costs associated with \n the conveyance, including the cost of any \n environmental, wildlife, cultural, or historical \n resources studies;\n (B) to use the Federal land conveyed for \n educational and recreational purposes;\n (C) to release and indemnify the United States from \n any claims or liabilities which may arise from uses \n that are carried out on the Federal land on or before \n the date of enactment of this Act by the United States \n or any person;\n (D) as soon as practicable after the date of the \n conveyance under subsection (a), to erect at the \n College an appropriate and centrally located monument \n that acknowledges the conveyance of the Federal land by \n the United States for the purpose of furthering the \n higher education of citizens in the State; and\n (E) to assist the Bureau of Land Management in \n providing information to the students of the College \n and the citizens of the State on--\n (i) public land in the State; and\n (ii) the role of the Bureau of Land \n Management in managing, preserving, and \n protecting the public land.\n (2) Valid existing rights.--The conveyance under subsection \n (a) shall be subject to all valid existing rights.\n (c) Use of Federal Land.--\n (1) In general.--The University system may use the land \n conveyed under subsection (a) for--\n (A) any purpose relating to the establishment, \n operation, growth, and maintenance of the College; and\n (B) any uses relating to those purposes, including \n residential and commercial development that would \n generally be associated with an institution of higher \n education.\n (2) Other entities.--The University system may--\n (A) consistent with Federal and State law, lease or \n otherwise provide property or space at the College, \n with or without consideration, to religious, public \n interest, community, or other groups for services and \n events that are of interest to the College, the \n University system, or any community located in the \n County;\n (B) allow the County or any other community in the \n County to use facilities of the College for educational \n and recreational programs of the County or community; \n and\n (C) in conjunction with the County, plan, finance \n (including through the provision of cost-share \n assistance), construct, and operate facilities for the \n County on the Federal land for educational or \n recreational purposes consistent with this section.\n (d) Reversion.--If the Federal land or any portion of the Federal \nland conveyed under subsection (a) ceases to be used for the College, \nthe Federal land or any portion of the Federal land shall, at the \ndiscretion of the Secretary, revert to the United States.","summary":"Nye County Higher Education Campus Conveyance Act - Requires the conveyance, without consideration, of all right, title, and interest of the United States in and to specified Bureau of Land Management land in the State of Nevada to the University and Community College System of Nevada for use as a campus for the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada.","title":"A bill to amend title 38, United States Code, to improve and extend housing, education, and other benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.","text_len":5481,"sum_len":382} {"bill_id":"115_hr4603","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Houthis and Iran Sanctions \nAccountability Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) On April 2015, the United Nations Security Council \n adopted United Nations Security Council Resolution 2216 by 14 \n affirmative votes to none against, with one abstention (by the \n Russian Federation), imposing sanctions on individuals \n undermining the stability of Yemen, and demanded that the \n Houthis withdraw from all areas seized during the latest \n conflict, relinquish arms seized from military and security \n institutions, cease all actions falling exclusively within the \n authority of the legitimate Government of Yemen, and fully \n implement previous Security Council resolutions.\n (2) On May 16, 2012, the Obama administration issued \n Executive Order 13611 (50 U.S.C. 1701 note; relating to \n Blocking Property of Persons Threatening the Peace, Security, \n or Stability of Yemen), imposing sanctions on persons that \n ``have engaged in acts that directly or indirectly threaten the \n peace, security, or stability of Yemen, such as acts that \n obstruct the implementation of the agreement of November 23, \n 2011, between the Government of Yemen and those in opposition \n to it, which provides for a peaceful transition of power in \n Yemen, or that obstruct the political process in Yemen''.\n (3) On November 10, 2014, the Obama administration \n designated the leadership of the Iranian-supported Houthi \n insurgent group, and their ally former Yemeni President Ali \n Abdullah Saleh, for imposition of sanctions under Executive \n Order 13611.\n (4) Iran's Revolutionary Guard Corps has transferred \n increasingly sophisticated weapons systems to the Houthis, who \n have in turn shot missiles into Saudi Arabia from positions in \n northern Yemen, including a missile in November 2017 that \n targeted Riyadh International Airport. In response, Ambassador \n Nikki Haley called on ``the United Nations and international \n partners to take necessary action to hold the Iranian regime \n accountable for these violations''.\n (5) In addition to weapons, Iran is reportedly providing \n Afghan and Shi'ite Arab specialists, including Hizballah, to \n train Houthi units and act as logistical advisers.\n (6) The Iranian-supported Houthis have attacked coalition \n or coalition-affiliated maritime targets multiple times, a \n United States Navy ship twice, and other shipping, forcing the \n United States to respond with a combination of diplomacy and \n calibrated military strikes against three radar facilities in \n Houthi-controlled territory.\n\nSEC. 3. STATEMENT OF POLICY.\n\n It shall be the policy of the United States to condemn Iranian \nactivities in Yemen in violation of United Nations Security Council \nResolution 2216 (2015), and call on all responsible countries to take \nappropriate and necessary measures against the Government of Iran, \nincluding the interdiction of Iranian weapons to the Houthis, and the \nbilateral and multilateral application of sanctions against Iran for \nits violations of United Nations Security Council Resolution 2216.\n\nSEC. 4. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO YEMEN.\n\n (a) In General.--United States sanctions with respect to Yemen \nprovided for in Executive Order 13611 (50 U.S.C. 1701 note; relating to \nBlocking Property of Persons Threatening the Peace, Security, or \nStability of Yemen), as in effect on the day before the date of the \nenactment of this Act, shall remain in effect.\n (b) Rule of Construction.--Nothing in this section shall be \nconstrued to limit the authority of the President pursuant to the \nInternational Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).\n\nSEC. 5. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS.\n\n (a) Determinations.--\n (1) In general.--The President shall, not later than 45 \n days after the date of the enactment of this Act, determine \n whether the Iranian persons listed in paragraph (2) are \n responsible for engaging in activities described in section 1 \n of Executive Order 13611 (50 U.S.C. 1701 note; relating to \n Blocking Property of Persons Threatening the Peace, Security, \n or Stability of Yemen).\n (2) Iranian persons listed.--The Iranian persons listed in \n this paragraph are the following:\n (A) Members of the Supreme National Security \n Council.\n (B) The Minister of Intelligence and Security.\n (C) The Commander of the Iran's Revolutionary Guard \n Corps.\n (D) The Commander of the Iran's Revolutionary Guard \n Corps, Qods Force.\n (E) The Minister of Defense.\n (F) Minister of Foreign Affairs.\n (G) Any other Iranian person that the President \n determines is appropriate.\n (3) Report.--\n (A) In general.--The President shall submit to the \n appropriate congressional committees a report that \n contains--\n (i) the determinations made under paragraph \n (1) together with the reasons for those \n determinations; and\n (ii) an identification of the Iranian \n persons that the President determines are \n responsible for engaging in activities \n described in section 1(c) of Executive Order \n 13611.\n (B) Form.--A report submitted under subparagraph \n (A) shall be submitted in unclassified form but may \n contain a classified annex.\n (b) Imposition of Sanctions.--The President shall impose the \nsanctions described in section 1 of Executive Order 13611 with respect \nto each Iranian person identified in the report submitted to the \nappropriate congressional committees under subsection (a)(3).\n (c) Definitions.--In this section:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs, the Committee \n on Ways and Means, and the Committee on Financial \n Services of the House of Representatives; and\n (B) the Committee on Foreign Relations, the \n Committee on Finance, and the Committee on Banking, \n Housing, and Urban Affairs of the Senate.\n (2) Entity.--The term ``entity''--\n (A) means a partnership, association, corporation, \n or other organization, group, or subgroup; and\n (B) includes a governmental entity.\n\nSEC. 6. SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS.\n\n (a) In General.--Beginning on and after the date that is 120 days \nafter the date of the enactment of this Act, the President shall impose \nthe sanctions described in subsection (c) on a person described in \nsubsection (b).\n (b) Persons Described.--A person described in this subsection is a \nforeign person that the President determines knowingly provides \nsignificant financial, material, or technological support for--\n (1) Ansar Allah in Yemen;\n (2) a person designated pursuant to an applicable Executive \n order;\n (3) a person that the President determines is in violation \n of an applicable United Nations Security Council resolution;\n (4) an Iranian person identified in the report submitted to \n the appropriate congressional committees under section 5(a)(3); \n or\n (5) a foreign person owned or controlled by a foreign \n person described in paragraphs (1) through (4).\n (c) Imposition of Sanctions.--The sanctions to be imposed on a \nperson described in subsection (b) are the following:\n (1) In general.--The President shall exercise all of the \n powers granted to the President under the International \n Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the \n extent necessary to block and prohibit all transactions in \n property and interests in property of the person if such \n property and interests in property are in the United States, \n come within the United States, or are or come within the \n possession or control of a United States person.\n (2) Aliens ineligible for visas, admission, or parole.--\n (A) In general.--An alien who the Secretary of \n State or the Secretary of Homeland Security determines \n is a foreign person described in subsection (b) is--\n (i) inadmissible to the United States;\n (ii) ineligible to receive a visa or other \n documentation to enter the United States; and\n (iii) otherwise ineligible to be admitted \n or paroled into the United States or to receive \n any other benefit under the Immigration and \n Nationality Act (8 U.S.C. 1101 et seq.).\n (B) Current visas revoked.--\n (i) In general.--Any visa or other \n documentation issued to an alien who is a \n foreign person described in subsection (b), \n regardless of when such visa or other \n documentation was issued, shall be revoked and \n such alien shall be denied admission to the \n United States.\n (ii) Effect of revocation.--A revocation \n under clause (i)--\n (I) shall take effect immediately; \n and\n (II) shall automatically cancel any \n other valid visa or documentation that \n is in the possession of the alien who \n is the subject of such revocation.\n (3) Exception to comply with united nations headquarters \n agreement.--Sanctions under paragraph (2) shall not apply to an \n alien if admitting the alien into the United States is \n necessary to permit the United States to comply with the \n Agreement regarding the Headquarters of the United Nations, \n signed at Lake Success June 26, 1947, and entered into force \n November 21, 1947, between the United Nations and the United \n States, or other applicable international obligations.\n (4) Penalties.--The penalties provided for in subsections \n (b) and (c) of section 206 of the International Emergency \n Economic Powers Act (50 U.S.C. 1705) shall apply to a person \n that knowingly violates, attempts to violate, conspires to \n violate, or causes a violation of regulations promulgated under \n subsection (f) to carry out paragraph (1) of this subsection to \n the same extent that such penalties apply to a person that \n commits an unlawful act described in section 206(a) of such \n Act.\n (d) Implementation Authority.--The President may exercise all \nauthorities provided to the President under sections 203 and 205 of the \nInternational Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) \nfor purposes of carrying out this Act.\n (e) Regulatory Authority.--The President shall, not later than 120 \ndays after the date of the enactment of this Act, promulgate \nregulations as necessary for the implementation of this Act.\n (f) Definitions.--In this section:\n (1) Admitted; alien.--The terms ``admitted'' and ``alien'' \n have meanings given those terms in section 101 of the \n Immigration and Nationality Act (8 U.S.C. 1101).\n (2) Applicable executive order.--The term ``applicable \n Executive order'' means--\n (A) Executive Order 13611 (50 U.S.C. 1701 note; \n relating to Blocking Property of Persons Threatening \n the Peace, Security, or Stability of Yemen); or\n (B) any Executive order adopted on or after the \n date of the enactment of this Act, to the extent that \n such Executive order authorizes the imposition of \n sanctions on persons for conduct with respect to Yemen.\n (3) Applicable united nations security council \n resolution.--The term ``applicable United Nations Security \n Council resolution'' means--\n (A) United Nations Security Council Resolution \n 2216; or\n (B) any United Nations Security Council resolution \n adopted on or after the date of the enactment of this \n Act that authorizes the imposition of sanctions on \n persons for conduct with respect to Yemen.\n (4) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Affairs, the Committee \n on Ways and Means, the Committee on the Judiciary, and \n the Committee on Financial Services of the House of \n Representatives; and\n (B) the Committee on Foreign Relations, the \n Committee on Banking, Housing, and Urban Affairs, and \n the Committee on the Judiciary of the Senate.\n (5) Entity.--The term ``entity''--\n (A) means a partnership, association, corporation, \n or other organization, group, or subgroup; and\n (B) includes a governmental entity.\n (6) Foreign person.--The term ``foreign person'' means--\n (A) an individual who is not a United States person \n or an alien lawfully admitted for permanent residence \n into the United States; or\n (B) a corporation, partnership, or other entity \n which is not a United States person.\n (7) Person.--The term ``person'' means an individual or \n entity.\n (8) United states person.--The term ``United States \n person'' means a United States citizen, permanent resident \n alien, entity organized under the laws of the United States \n (including foreign branches), or a person in the United States.\n\nSEC. 7. REPORT ON IRANIAN ACTIVITIES IN YEMEN.\n\n (a) Report.--Not later than 60 days after the date of the enactment \nof this Act, and every 180 days thereafter for a period not to exceed 5 \nyears, the President shall submit to the appropriate congressional \ncommittees a report on Iranian activities in Yemen.\n (b) Matters To Be Included.--The report required by subsection (a) \nshall include a description of the following:\n (1) Iran's support for certain Yemeni militias or political \n parties, including weapons, financing, training, and other \n forms of material support including media and communications \n support.\n (2) A list of referrals to the relevant United Nations \n Security Council sanctions committees by the United States \n Permanent Representative to the United Nations.\n (c) Form.--The President may submit the report required by \nsubsection (a) in classified form if the President determines that it \nis necessary for the national security interests of the United States \nto do so.\n (d) Definition.--In this section, the term ``appropriate \ncongressional committees'' means--\n (1) the Committee on Foreign Affairs, the Committee on \n Armed Services, the Committee on Ways and Means, and the \n Committee on Financial Services of the House of \n Representatives; and\n (2) the Committee on Foreign Relations, the Committee on \n Armed Services, the Committee on Finance, and the Committee on \n Banking, Housing, and Urban Affairs of the Senate.","summary":"Houthis and Iran Sanctions Accountability Act of 2017 This bill continues certain sanctions blocking the property of persons threatening the peace or stability of Yemen. The President shall: determine and report to Congress whether certain Iranian persons are threatening Yemen's peace or stability, and if so, impose property blocking sanctions against each identified person. And impose property blocking and visa sanctions on foreign persons or entities that knowingly provide significant financial, material, or technological support for Ansar Allah in Yemen and certain other persons and entities.","title":"Houthis and Iran Sanctions Accountability Act of 2017","text_len":16685,"sum_len":602} {"bill_id":"105_hr4558","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Noncitizen Benefit Clarification and \nOther Technical Amendments Act of 1998''.\n\nSEC. 2. CONTINUING ELIGIBILITY FOR SSI AND RELATED BENEFIT FOR \n NONQUALIFIED ALIENS WHO WERE RECEIVING BENEFITS ON THE \n DATE OF THE ENACTMENT OF THE PERSONAL RESPONSIBILITY AND \n WORK OPPORTUNITY RECONCILIATION ACT OF 1996.\n\n Section 401(b) of the Personal Responsibility and Work Opportunity \nReconciliation Act of 1996 (8 U.S.C. 1611(b)) is amended by inserting \nafter paragraph (4) the following new paragraph:\n ``(5) Subsection (a) shall not apply to eligibility for \n benefits for the program defined in section 402(a)(3)(A) (relating \n to the supplemental security income program), or to eligibility for \n benefits under any other program that is based on eligibility for \n benefits under the program so defined, for an alien who was \n receiving such benefits on August 22, 1996.''.\n\nSEC. 3. EXTENSION OF AUTHORIZATION OF SELF-EMPLOYMENT ASSISTANCE \n PROGRAMS.\n\n (a) In General.--Paragraph (2) of section 507(e) of the North \nAmerican Free Trade Agreement Implementation Act (26 U.S.C. 3306 note) \nis hereby repealed.\n (b) Conforming Amendments.--Subsection (e) of section 507 of such \nAct is further amended--\n (1) by amending the heading after the subsection designation to \n read ``Effective Date.--''; and\n (2) by striking ``(1) Effective date.--'' and by running in the \n remaining text of subsection (e) immediately after the heading \n therefor, as amended by paragraph (1).\n\nSEC. 4. CORRECTIONS TO THE CHILD SUPPORT PERFORMANCE AND INCENTIVE ACT \n OF 1998.\n\n (a) Reduction of Penalty for State Failure to Meet Deadline for \nCompliance With Child Support Data Processing and Information Retrieval \nRequirements if Performance of Certain Aspect of State IV-D Program \nMeets Performance Threshold.--\n (1) In general.--Section 455(a)(4)(C) of the Social Security \n Act (42 U.S.C. 655(a)(4)(C)) is amended by adding at the end the \n following:\n ``(iii) The Secretary shall reduce the amount of any reduction \nthat, in the absence of this clause, would be required to be made under \nthis paragraph by reason of the failure of a State to achieve \ncompliance with section 454(24)(B) during the fiscal year, by an amount \nequal to 20 percent of the amount of the otherwise required reduction, \nfor each State performance measure described in section 458A(b)(4) with \nrespect to which the applicable percentage under section 458A(b)(6) for \nthe fiscal year is 100 percent, if the Secretary has made the \ndetermination described in section 458A(b)(5)(B) with respect to the \nState for the fiscal year.''.\n (2) Effective Date.--The amendment made by paragraph (1) of \n this subsection shall take effect as if included in the enactment \n of section 101(a) of the Child Support Performance and Incentive \n Act of 1998, and the amendment shall be considered to have been \n added by section 101(a) of such Act for purposes of section \n 201(f)(2)(B) of such Act.\n (b) Clarification of Effective Date for Certain Medical Child \nSupport Provisions.--\n (1) In general.--Section 401(c)(3) of the Child Support \n Performance and Incentive Act of 1998 (42 U.S.C. 652 note) is \n amended by striking ``of the enactment of this Act'' and inserting \n ``specified in subparagraph (A)''.\n (2) Effective date.--The amendment made by paragraph (1) of \n this subsection shall take effect as if included in the enactment \n of section 401(c)(3) of the Child Support Performance and Incentive \n Act of 1998.\n\nSEC. 5. ELIGIBILITY OF NONRESIDENT ALIENS TO RENEW PROFESSIONAL \n LICENSES.\n\n (a) Federal.--Section 401(c)(2) of the Personal Responsibility and \nWork Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(2)) is \namended--\n (1) at the end of subparagraph (A) by striking ``or'';\n (2) at the end of subparagraph (B) by striking the period and \n inserting ``; or''; and\n (3) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) to the issuance of a professional license to, or the \n renewal of a professional license by, a foreign national not \n physically present in the United States.''.\n (b) State or Local.--Section 411(c)(2) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (8 \nU.S.C. 1621(c)(2)) is amended--\n (1) at the end of subparagraph (A) by striking ``or'';\n (2) at the end of subparagraph (B) by striking the period and \n inserting ``; or''; and\n (3) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) to the issuance of a professional license to, or the \n renewal of a professional license by, a foreign national not \n physically present in the United States.''.\n\nSEC. 6. CLARIFICATION OF OBLIGATION OF WELFARE-TO-WORK FUNDS.\n\n (a) In General.--Section 403(a)(5)(A)(iv)(II) of the Social \nSecurity Act (42 U.S.C. 603(a)(5)(A)(iv)(II)) is amended by striking \n``or sub-State entity'' and inserting ``, other than funds reserved by \nthe State for distribution under clause (vi)(III) and funds distributed \npursuant to clause (vi)(I) in any State in which the service delivery \narea is the State''.\n (b) Retroactivity.--The amendment made by subsection (a) shall take \neffect as if included in the enactment of section 5001 of the Balanced \nBudget Act of 1997.\n\nSEC. 7. DISREGARD OF LIMITED AWARDS MADE TO CHILDREN WITH LIFE-\n THREATENING CONDITIONS UNDER THE SUPPLEMENTAL SECURITY \n INCOME PROGRAM.\n\n (a) Income Disregard.--Section 1612(b) of the Social Security Act \n(42 U.S.C. 1382a(b)) is amended--\n (1) by striking ``and'' at the end of paragraph (20);\n (2) by striking the period at the end of paragraph (21) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(22) any gift to, or for the benefit of, an individual who \n has not attained 18 years of age and who has a life-threatening \n condition, from an organization described in section 501(c)(3) of \n the Internal Revenue Code of 1986 which is exempt from taxation \n under section 501(a) of such Code--\n ``(A) in the case of an in-kind gift, if the gift is not \n converted to cash; or\n ``(B) in the case of a cash gift, only to the extent that \n the total amount excluded from the income of the individual \n pursuant to this paragraph in the calendar year in which the \n gift is made does not exceed $2,000.''.\n (b) Resource Disregard.--Section 1613(a) of the Social Security Act \n(42 U.S.C. 1382b(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (11);\n (2) by striking the period at the end of paragraph (12) and \n inserting ``; and''; and\n (3) by inserting after paragraph (12) the following:\n ``(13) any gift to, or for the benefit of, an individual who \n has not attained 18 years of age and who has a life-threatening \n condition, from an organization described in section 501(c)(3) of \n the Internal Revenue Code of 1986 which is exempt from taxation \n under section 501(a) of such Code--\n ``(A) in the case of an in-kind gift, if the gift is not \n converted to cash; or\n ``(B) in the case of a cash gift, only to the extent that \n the total amount excluded from the resources of the individual \n pursuant to this paragraph in the calendar year in which the \n gift is made does not exceed $2,000.''.\n (c) Retroactivity.--The amendments made by this section shall apply \nto gifts made on or after the date that is 2 years before the date of \nthe enactment of this Act.\n\nSEC. 8. ENHANCED RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY \n BENEFITS.\n\n (a) In General.--Part A of title XI of the Social Security Act is \namended by adding at the end the following new section:\n\n\n ``recovery of ssi overpayments from social security benefits\n\n ``Sec. 1147. (a) In General.--(1) Whenever the Commissioner of \nSocial Security determines that more than the correct amount of any \npayment has been made under the supplemental security income program \nunder title XVI of this Act (including, for purposes of this section, \nunder section 1616(a) of this Act or section 212(b) of Public Law 93-\n66) to a person who is not currently eligible for cash benefits under \nthe program, the Commissioner, notwithstanding section 207 of this Act \nbut subject to paragraph (2) of this subsection, may recover the amount \nincorrectly paid by decreasing any amount which is payable to the \nperson under title II of this Act in any month by not more than 10 \npercent of the amount payable under title II.\n ``(2) The 10 percent limitation set forth in paragraph (1) shall \nnot apply to an overpayment made to a person if--\n ``(A) the person or the spouse of the person was involved in \n willful misrepresentation or concealment of material information in \n connection with the overpayment; or\n ``(B) the person so requests.\n ``(b) No Effect on SSI Eligibility or Benefit Amount.--In any case \nin which the Commissioner of Social Security takes action in accordance \nwith subsection (a) to recover an amount incorrectly paid to any \nperson, neither that person, nor any individual whose eligibility for \nbenefits under the supplemental security income program under title \nXVI, or whose amount of such benefits, is determined by considering any \npart of that person's income, shall, as a result of such action--\n ``(1) become eligible for benefits under such program; or\n ``(2) if such person or individual is otherwise so eligible, \n become eligible for increased benefits under such program.''.\n (b) Conforming Amendments.--\n (1) Section 204 of such Act (42 U.S.C. 404) is amended by \n adding at the end the following:\n ``(g) For payments which are adjusted or withheld to recover an \noverpayment of supplemental security income benefits paid under title \nXVI of this Act (including State supplementary payments paid under an \nagreement pursuant to section 1616(a) of this Act or section 212(b) of \nPublic Law 93-66), see section 1147.''.\n (2) Section 1631(b) of such Act (42 U.S.C. 1383(b)) is amended \n by adding at the end the following:\n ``(5) For provisions relating to the recovery of benefits \nincorrectly paid under this title from benefits payable under title II, \nsee section 1147.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act and shall apply to \namounts incorrectly paid which remain outstanding on or after such \ndate.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to provide that the new restrictions it imposes on alien eligibility for Supplemental Security Income (SSI) under title XVI of the Social Security Act (SSA) shall not apply to a nonqualified alien who was receiving such benefits on August 22, 1996 . Amends the North American Free Trade Agreement Implementation Act (NAFTA) to permanently extend the authorization of the Self-Employment Assistance programs. Amends SSA title IV part D to direct the Secretary of Health and Human Services to reduce, by 20 percent, the penalty for State failure to meet the deadline for compliance with child support data processing and information retrieval requirements, for each performance measure under the child support enforcement incentive payment system for which the State does achieve maximum performance. Amends the Child Support Performance and Incentive Act of 1998 to amend the effective date for State enactment of certain medical child support requirements . Amends PRAWORA to allow nonresident alien professionals to renew their US professional licenses. Amends SSA title IV part A with regard to welfare-to-work grants to eliminate the one year obligation requirement and allow a State to retain certain funds reserved for special projects , without passing them through to a sub-State entity, even if all the money has not been obligated each fiscal year. Amends SSA title XVI to exclude from SSI eligibility and Medicaid benefit calculations up to $2,000 in cash awards made by tax-exempt organizations to children with life-threatening conditions. Amends part A of SSA title XI to authorize the Social Security Administration to recover SSI overpayments by offsetting up to ten percent per month of any Old Age, Survivors and Disability Insurance benefits under SSA title II.","title":"Noncitizen Benefit Clarification and Other Technical Amendments Act of1998","text_len":11175,"sum_len":1950} {"bill_id":"115_hr4332","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Grand Jury Reform Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Grand juries are typically used as the process by which \n allegations of police misconduct are prosecuted.\n (2) There exists a symbiotic relationship between local \n prosecutors and the law enforcement officers who regularly \n testify in routine grand jury investigations.\n (3) The closeness of this relationship creates public \n suspicion that accused police officers receive preferential \n consideration from grand juries when they are subject to grand \n jury investigations.\n (4) Police officers have the right to appear before the \n grand jury investigating allegations of wrongdoing by said \n officer, and give testimony not subject to a thorough cross \n examination.\n (5) Grand jury proceedings are by law secret proceedings.\n (6) The secret grand jury process has historically resulted \n in a refusal to indict when the subject of their investigation \n is a local law enforcement officer.\n (7) The recent grand jury proceedings following the deaths \n of Michael Brown and Eric Garner have followed historical \n tradition, ending with a refusal to indict the law enforcement \n officers involved in their deaths.\n (8) The American people have lost confidence in the \n secretive grand jury process when it is used to evaluate \n allegations of police misconduct.\n (9) The loss of confidence in our system of justice leads \n to the undermining of the principles of equality and justice \n upon which this country was founded.\n (10) Preliminary hearings are often replaced with direct \n presentments, whereby the prosecutor may send a case directly \n to the grand jury without a public preliminary hearing.\n\nSEC. 3. HEARING BEFORE A JUDGE REQUIRED.\n\n (a) Receipt of Grant Funds.--In order for a State or unit of local \ngovernment in a State to be eligible to receive Federal funding under \nsubpart 1 of part E of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (34 U.S.C. 10151 et seq.), the State shall comply \nwith the requirements of this section.\n (b) Notification Requirements.--\n (1) Notification to prosecutor.--In the case of a law \n enforcement officer of a local law enforcement agency who uses \n deadly force against a person in the course of the officer's \n employment, and thereby causes the death of that person, not \n later than 24 hours after the death occurs, the chief officer \n of the law enforcement agency of the locality in which the \n death occurred shall report the death to the elected prosecutor \n of that locality.\n (2) Notification to governor.--Not later than 24 hours \n after receiving notice under paragraph (1), the elected \n prosecutor of the locality in which the death occurred shall \n report the death to the Governor of that State.\n (c) Hearing Requirement; Appointment of Special Prosecutor.--\n (1) In general.--Not later than 3 days after receiving \n notice under subsection (b)(2), the Governor of the State in \n which the death occurred shall appoint a special prosecutor to \n present evidence on behalf of the State at a hearing before a \n judge in the appropriate court, in order to determine whether \n probable cause exists for the State to bring criminal charges \n against the law enforcement officer relating to the death of \n the person, which determination shall be made by the judge. The \n Governor shall use a random process to select the special \n prosecutor from among all of the elected prosecutors in the \n State, excluding the elected prosecutor of the locality in \n which the death occurred.\n (2) Timing.--The hearing described in paragraph (1) shall \n be held not later than 90 days after the appointment of the \n special prosecutor, unless the judge determines that good cause \n exists to delay the hearing.\n (3) Court to remain open to the public.--Except as \n determined appropriate by the presiding judge, in a hearing \n described in paragraph (1), the court shall remain open to the \n public, and upon scheduling the hearing the judge shall provide \n notice to the public of the date, time, and location of the \n hearing.\n (d) State Law Enforcement Agency To Have Exclusive Authority Over \nInvestigation.--\n (1) In general.--Not later than 24 hours after receiving \n notice under subsection (b)(2), the Governor shall report the \n death to the chief officer of the State law enforcement agency \n of the State in which the death occurred, and the State law \n enforcement agency shall assume exclusive control of the \n investigation of the death during the pendency of the probable \n cause hearing.\n (2) Cooperation of local law enforcement agency.--The chief \n officer of the law enforcement agency of the locality in which \n the death occurred shall cooperate with the special prosecutor \n and the chief officer of the State law enforcement agency by \n responding promptly to requests for information related to the \n death.\n (e) Written Determination of Probable Cause.--Not later than 5 days \nafter the conclusion of a hearing described in subsection (c), the \njudge presiding over the hearing shall issue the determination \ndescribed in subsection (c) in writing, and shall submit such \ndetermination to the elected prosecutor of the locality in which the \ndeath occurred. Such determination shall be made available to the \npublic.\n (f) Recommendations of the Special Prosecutor.--Upon the conclusion \nof a hearing described in subsection (c), the special prosecutor shall \nsubmit written recommendations to the elected prosecutor of the \nlocality in which the death occurred, including a recommendation \nregarding whether criminal charges should be brought against the law \nenforcement officer relating to the death of the person.\n (g) Tolling of Procedural Deadlines.--Any applicable filing or \nother procedural deadlines are tolled during the pendency of the \nhearing described in subsection (c).\n (h) Preservation of Prosecutorial Discretion.--The hearing \ndescribed in subsection (c) shall be purely advisory, and shall have no \nbinding effect on the elected prosecutor of the locality in which the \ndeath occurred. After the conclusion of the hearing described in \nsubsection (c), the elected prosecutor of the locality in which the \ndeath occurred shall retain prosecutorial discretion as to whether to \nbring charges against the law enforcement officer, including whether to \nhold a grand jury proceeding in the appropriate court.","summary":"Grand Jury Reform Act of 2017 This bill conditions a state or local government's receipt of funds under the Edward Byrne Memorial Justice Assistance Grant program on the state's compliance with certain requirements following an incident involving the use of deadly force by a local law enforcement officer that results in a person's death. Specifically, the governor must appoint a special prosecutor to present evidence before a judge to determine whether probable cause exists to criminally charge the law enforcement officer. The hearing must be open to the public.","title":"Grand Jury Reform Act of 2017","text_len":7109,"sum_len":568} {"bill_id":"111_s3273","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southern Border Security Assistance \nAct''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) The United States and Mexico have recently experienced \n a significant increase in violence along the international \n border between the 2 countries.\n (2) The international border between the United States and \n Mexico is being used as a gateway for drug cartels and criminal \n enterprises that are illegally trafficking guns, people, and \n drugs.\n (3) The partnership between the United States and Mexican \n governments is critical--\n (A) to address recent border violence; and\n (B) to ensure the continued flow of legitimate \n cross-border commerce, traffic and trade.\n (4) The national security of the United States is \n paramount.\n (5) While it is the job of the Federal Government to \n protect national security by securing our Nation's borders, \n State, local, and tribal law enforcement entities also provide \n the first line of defense on the border and are critical first \n responders to national security or public safety threats.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) providing financial assistance for law enforcement \n initiatives with our Mexican partners is important; and\n (2) in addition to such assistance, Congress must provide \n immediate resources and equipment to State and local law \n enforcement entities that are currently responding to border \n violence and criminal activities on a daily basis.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Law enforcement entity.--The term ``law enforcement \n entity'' means an entity that--\n (A) is a State, county, or city agency, a State or \n local police or sheriff department or association, or a \n subdivision thereof;\n (B) operates within 100 miles of the international \n border between the United States and Mexico; and\n (C) employs personnel on a full- or part-time basis \n to engage in the prevention, detection, or \n investigation of violations of the criminal laws of the \n United States.\n (2) Southern border region.--The term ``Southern Border \n Region'' refers to counties that are located--\n (A) within 100 miles of the international border \n between the United States and Mexico; and\n (B) in the States of Arizona, California, New \n Mexico, and Texas.\n\nSEC. 4. BORDER SECURITY ASSISTANCE GRANTS.\n\n (a) Authority.--\n (1) In general.--The Secretary of Homeland Security, in \n consultation with State and local law enforcement entities, is \n authorized to award border security assistance grants to law \n enforcement entities located in the Southern Border Region for \n the purposes described in subsection (b).\n (2) Priority.--In awarding grants under this section, the \n Secretary shall give priority to law enforcement agencies \n located in a county that is located within 25 miles of the \n international border between United States and Mexico.\n (b) Purposes.--To address drug trafficking, smuggling, and border \nviolence, a grant awarded under subsection (a) shall be used--\n (1) to obtain law enforcement equipment and tools, \n including secure 2-way communication devices, portable laptops \n and office computers, license plate readers, unmanned aerial \n vehicles, unmanned aircraft systems (UAS), manned aircraft, \n cameras with night viewing capabilities, and any other \n appropriate law enforcement equipment;\n (2) to hire additional personnel, including administrative \n support personnel, dispatchers, and jailers, and to provide \n overtime funding for such personnel;\n (3) to purchase law enforcement vehicles;\n (4) to provide for high performance aircrafts and \n helicopters for border surveillance and other critical mission \n applications and operational and maintenance costs associated \n with such craft;\n (5) to provide for critical power generation systems, \n infrastructure, and technological upgrades to support State and \n local data management systems and fusion centers; or\n (6) to provide for specialized training and for direct \n operating expenses associated with detecting and prosecuting \n drug trafficking, human smuggling, and other illegal activity \n or violence that occurs at or near the international border \n between the United States and Mexico.\n (c) Application.--\n (1) Requirement.--A law enforcement entity seeking a grant \n under subsection (a), or a nonprofit organization or coalition \n acting as an agent for 1 or more such law enforcement entities, \n shall submit an application to the Secretary that includes the \n information described in paragraph (2) at such time and in such \n manner as the Secretary may require.\n (2) Content.--An application submitted under paragraph (1) \n shall include--\n (A) a description of the activities to be carried \n out with a grant awarded under subsection (a);\n (B) if equipment will be purchased with the grant, \n a detailed description of the type and quantity of such \n equipment and of the personnel who will receive such \n equipment;\n (C) a description of the need of the law \n enforcement entity for the grant, including a \n description of the inability of the entity to carry out \n the proposed activities without the grant; and\n (D) an assurance that the entity will, to the \n extent practicable, seek, recruit, and hire members of \n racial and ethnic minority groups and women in the \n entity's law enforcement positions.\n (d) Review and Award.--\n (1) Review.--Not later than 90 days after the date an \n application submitted under subsection (c) is received by the \n Secretary, the Secretary shall review and approve or reject the \n application.\n (2) Award of funds.--Subject to the availability of \n appropriations, not later than 45 days after the date an \n application is approved under paragraph (1), the Secretary \n shall provide the grant funds to the applicant.\n (3) Priority.--In distributing grant funds under this \n subsection, priority shall be given to high-intensity areas for \n drug trafficking, smuggling, and border violence.\n\nSEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES.\n\n (a) In General.--The President shall appoint, by and with the \nadvice and consent of the Senate--\n (1) 4 additional district judges for the district of \n Arizona;\n (2) 4 additional district judges for the central district \n of California;\n (3) 4 additional district judges for the eastern district \n of California;\n (4) 2 additional district judges for the northern district \n of California;\n (5) 1 additional district judge for the district of New \n Mexico;\n (6) 1 additional district judge for the eastern district of \n Texas;\n (7) 2 additional district judges for the southern district \n of Texas; and\n (8) 1 additional district judge for the western district of \n Texas.\n (b) Temporary Judgeships.--The President shall appoint, by and with \nthe advice and consent of the Senate--\n (1) 1 additional district judge for the district of \n Arizona;\n (2) 1 additional district judge for the central district of \n California;\n (3) 1 additional district judge for the northern district \n of California; and\n (4) 1 additional district judge for the district of New \n Mexico.\n (c) Vacancies.--For each of the judicial districts named in \nsubsection (b), the first vacancy arising on the district court at \nleast 10 years after a judge is first confirmed to fill the temporary \ndistrict judgeship created in that district pursuant to subsection (b) \nshall not be filled.\n (d) Existing Judgeships.--The existing judgeships for the district \nof Arizona and the district of New Mexico authorized under section \n312(c) of the 21st Century Department of Justice Appropriations \nAuthorization Act (Public Law 107-273, 116 Stat. 1758), as of the \neffective date of this Act, shall be authorized under section 133 of \ntitle 28, United States Code, and the incumbents in those offices shall \nhold the office under section 133 of title 28, United States Code.\n (e) Conforming Amendments.--The table contained in section 133(a) \nof title 28, United States Code, is amended--\n (1) in the item relating to the district of Arizona, by \n striking ``12'' and inserting ``17'';\n (2) in the item relating to the central district of \n California, by striking ``27'' and inserting ``31'';\n (3) in the item relating to the eastern district of \n California, by striking ``6'' and inserting ``10'';\n (4) in the item relating to the northern district of \n California, by striking ``14'' and inserting ``16'';\n (5) in the item relating to the district of New Mexico, by \n striking ``6'' and inserting ``8'';\n (6) in the item relating to the eastern district of Texas, \n by striking ``7'' and inserting ``8'';\n (7) in the item relating to the southern district of Texas, \n by striking ``19'' and inserting ``21''; and\n (8) in the item relating to the western district of Texas, \n by striking ``13'' and inserting ``14''.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Grant Funding.--There is authorized to be appropriated \n$300,000,000 for the 2-year period ending on September 30, 2012, for \ngrants issued under section 4.\n (b) Judicial Funding.--There are authorized to be appropriated to \nthe Attorney General for each of the fiscal years 2011 through 2013 \nsuch sums as may be necessary to carry out section 5, including the \nhiring of necessary attorney and administrative support staff.","summary":"Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important. And (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence. Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas.","title":"A bill to establish a program to provide southern border security assistance grants, to authorize the appointment of additional Federal judges in states along the southern border, and for other purposes.","text_len":10861,"sum_len":748} {"bill_id":"114_s595","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hunter and Farmer Protection Act of \n2015''.\n\nSEC. 2. BAITING OF MIGRATORY GAME BIRDS.\n\n Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is \namended by striking subsection (b) and inserting the following:\n ``(b) Prohibition of Baiting.--\n ``(1) Definitions.--In this subsection:\n ``(A) Baited area.--\n ``(i) In general.--The term `baited area' \n means--\n ``(I) any area on which salt, \n grain, or other feed has been placed, \n exposed, deposited, distributed, or \n scattered, if the salt, grain, or feed \n could lure or attract migratory game \n birds; and\n ``(II) in the case of waterfowl, \n cranes (family Gruidae), and coots \n (family Rallidae), a standing, \n unharvested crop that has been \n manipulated through activities such as \n mowing, discing, or rolling, unless the \n activities are normal agricultural \n practices.\n ``(ii) Exclusions.--An area shall not be \n considered to be a `baited area' if the area--\n ``(I) has been treated with a \n normal agricultural practice;\n ``(II) has standing crops that have \n not been manipulated; or\n ``(III) has standing crops that \n have been or are flooded.\n ``(B) Baiting.--The term `baiting' means the direct \n or indirect placing, exposing, depositing, \n distributing, or scattering of salt, grain, or other \n feed that could lure or attract migratory game birds \n to, on, or over any areas on which a hunter is \n attempting to take migratory game birds.\n ``(C) Migratory game bird.--The term `migratory \n game bird' means migratory bird species--\n ``(i) that are within the taxonomic \n families of Anatidae, Columbidae, Gruidae, \n Rallidae, and Scolopacidae; and\n ``(ii) for which open seasons are \n prescribed by the Secretary of the Interior.\n ``(D) Normal agricultural practice.--\n ``(i) In general.--The term `normal \n agricultural practice' means any practice in 1 \n annual growing season that--\n ``(I) is carried out in order to \n produce a marketable crop, including \n planting, harvest, post-harvest, or \n soil conservation practices; and\n ``(II) is recommended for the \n successful harvest of a given crop by \n the applicable State office of the \n Cooperative Extension System of the \n Department of Agriculture, in \n consultation with, and if requested, \n the concurrence of, the head of the \n applicable State department of fish and \n wildlife.\n ``(ii) Inclusions.--\n ``(I) In general.--Subject to \n subclause (II), the term `normal \n agricultural practice' includes the \n destruction of a crop in accordance \n with practices required by the Federal \n Crop Insurance Corporation for \n agricultural producers to obtain crop \n insurance under the Federal Crop \n Insurance Act (7 U.S.C. 1501 et seq.) \n on land on which a crop during the \n current or immediately preceding crop \n year was not harvestable due to a \n natural disaster (including any \n hurricane, storm, tornado, flood, high \n water, wind-driven water, tidal wave, \n tsunami, earthquake, volcanic eruption, \n landslide, mudslide, drought, fire, \n snowstorm, or other catastrophe that is \n declared a major disaster by the \n President in accordance with section \n 401 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act (42 \n U.S.C. 5170)).\n ``(II) Limitations.--The term \n `normal agricultural practice' only \n includes a crop described in subclause \n (I) that has been destroyed or \n manipulated through activities that \n include (but are not limited to) \n mowing, discing, or rolling if the \n Federal Crop Insurance Corporation \n certifies that flooding was not an \n acceptable method of destruction to \n obtain crop insurance under the Federal \n Crop Insurance Act (7 U.S.C. 1501 et \n seq.).\n ``(E) Waterfowl.--The term `waterfowl' means native \n species of the family Anatidae.\n ``(2) Prohibition.--It shall be unlawful for any person--\n ``(A) to take any migratory game bird by baiting or \n on or over any baited area, if the person knows or \n reasonably should know that the area is a baited area; \n or\n ``(B) to place or direct the placement of bait on \n or adjacent to an area for the purpose of causing, \n inducing, or allowing any person to take or attempt to \n take any migratory game bird by baiting or on or over \n the baited area.\n ``(3) Regulations.--The Secretary of the Interior may \n promulgate regulations to implement this subsection.\n ``(4) Reports.--Annually, the Secretary of Agriculture \n shall submit to the Secretary of the Interior a report that \n describes any changes to normal agricultural practices across \n the range of crops grown by agricultural producers in each \n region of the United States in which the recommendations are \n provided to agricultural producers.''.","summary":"Hunter and Farmer Protection Act of 2015 This bill amends the Migratory Bird Treaty Act to revise standards for determining what constitutes baiting for purposes of the prohibition on taking migratory game birds. A baited area, in the case of waterfowl, cranes, and coots, includes a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. An area is not considered to be a baited area if it: (1) has been treated with a normal agricultural practice, (2) has standing crops that have not been manipulated, or (3) has standing crops that have been or are flooded. The Department of Agriculture (USDA) must submit to the Department of the Interior a report on changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which USDA harvest practice recommendations are provided to agricultural producers.","title":"Hunter and Farmer Protection Act of 2015","text_len":7649,"sum_len":989} {"bill_id":"104_hr3156","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voluntary Adoption Protection Act''.\n\nSEC. 2. FINDINGS AND POLICY.\n\n (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978 \n(25 U.S.C. 1901) is amended--\n (1) in paragraph (3), by inserting before the semicolon at \n the end the following: ``and who would be subject to \n involuntary removal from the Indian community'';\n (2) in paragraph (4)--\n (A) by inserting ``involuntary'' before \n ``removal''; and\n (B) by striking ``nontribal public and private'' \n and inserting in lieu thereof ``public''; and\n (3) in paragraph (5), by inserting before the period at the \n end the following: ``in the course of involuntary termination \n of parental rights''.\n (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25 \nU.S.C. 1902) is amended by inserting ``involuntary'' before \n``removal''.\n\nSEC. 3. DEFINITIONS.\n\n Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) \nis amended by adding at the end the following:\n ``(13) `involuntary', with respect to a child custody \n proceeding, means the absence of a written consent by a parent \n or legal guardian (other than a tribal court) of the Indian \n child.''.\n\nSEC. 4. CHILD CUSTODY PROCEEDINGS.\n\n (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of \n1978 (25 U.S.C. 1911) is amended--\n (1) in subsection (a), by inserting ``involuntary'' before \n ``child custody proceeding'';\n (2) in subsection (b)--\n (A) by inserting ``involuntary'' before ``foster \n care placement''; and\n (B) by inserting ``involuntary'' before \n ``termination of parental rights''; and\n (3) in subsection (c)--\n (A) by inserting ``involuntary'' before ``foster \n care placement''; and\n (B) by inserting ``involuntary'' before \n ``termination of parental rights''.\n (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act \nof 1978 (25 U.S.C. 1912) is amended--\n (1) in subsection (a)--\n (A) by inserting ``involuntary'' before ``foster \n care placement'' each place it appears; and\n (B) by inserting ``involuntary'' before \n ``termination of parental rights'' each place it \n appears;\n (2) in subsection (b)--\n (A) by inserting ``involuntary'' before \n ``removal'';\n (B) by inserting ``involuntary'' before \n ``placement''; and\n (C) by inserting ``involuntary'' before \n ``termination of parental rights'';\n (3) in subsection (c)--\n (A) by striking ``a foster care placement'' and \n inserting in lieu thereof ``an involuntary foster care \n placement''; and\n (B) by inserting ``involuntary'' before \n ``termination of parental rights'';\n (4) in subsection (d)--\n (A) by striking ``a foster care placement'' and \n inserting in lieu thereof ``an involuntary foster care \n placement''; and\n (B) by inserting ``involuntary'' before \n ``termination of parental rights'';\n (5) in subsection (e), by inserting ``involuntary'' before \n ``foster care placement''; and\n (6) in subsection (f), by inserting ``involuntary'' before \n ``termination of parental rights''.\n (c) Voluntary Termination of Parental Rights.--Section 103 of the \nIndian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as \nfollows:\n ``Sec. 103. (a) Upon written consent by a parent or legal guardian \n(other than a tribal court) of an Indian child to a voluntary child \ncustody proceeding, this title shall thereafter not apply to any child \ncustody proceeding involving the Indian child, and this Act shall \nthereafter not be the basis for determining jurisdiction over any child \ncustody proceeding involving the Indian child.\n ``(b) For the purposes of subsection (a), written consent is \nirrevocable.''.\n (d) Petition To Invalidate Action.--Section 104 of the Indian Child \nWelfare Act of 1978 (25 U.S.C. 1914) is amended--\n (1) by inserting ``involuntary'' before ``foster care \n placement'';\n (2) by inserting ``involuntary'' before ``termination of \n parental rights''; and\n (3) by striking ``101, 102, and 103'' and inserting in lieu \n thereof ``101 and 102''.\n (e) Adoptive Placement.--Section 105 of the Indian Child Welfare \nAct of 1978 (25 U.S.C. 1915) is amended--\n (1) in subsection (a), by inserting ``involuntary'' before \n ``adoptive placement'';\n (2) in subsection (b)--\n (A) by inserting ``involuntary'' before ``foster \n care'' each place it appears; and\n (B) by inserting ``involuntary'' before \n ``preadoptive placement'' each place it appears; and\n (3) in subsection (c)--\n (A) by striking ``a placement'' and inserting ``an \n involuntary placement''; and\n (B) by striking ``the placement'' and inserting \n ``the involuntary placement'' each place it appears.\n (f) Petition for Return of Custody.--Section 106 of the Indian \nChild Welfare Act of 1978 (25 U.S.C. 1916) is amended--\n (1) in subsection (a)--\n (A) by inserting ``involuntary'' before \n ``adoption''; and\n (B) by striking ``foster care, preadoptive, or \n adoptive placement'' and inserting in lieu thereof \n ``involuntary foster care, involuntary preadoptive, or \n involuntary adoptive placement''; and\n (2) in subsection (b) by striking ``further''.\n (g) Information to Adopted Child.--Section 107 of the Indian Child \nWelfare Act of 1978 (25 U.S.C. 1917) is amended by inserting \n``involuntary'' before ``adoptive''.\n (h) Improper Removal of Child.--Section 110 of the Indian Child \nWelfare Act of 1978 (25 U.S.C. 1920) is amended--\n (1) by striking ``an Indian child custody proceeding'' and \n inserting ``an involuntary Indian child custody proceeding'' in \n lieu thereof; and\n (2) by striking ``removed the child'' and inserting in lieu \n thereof ``removed an Indian child''.\n (i) Protection of Parental Rights.--Section 111 of the Indian Child \nWelfare Act of 1978 (25 U.S.C. 1921) is amended by inserting \n``involuntary'' before ``child custody proceeding''.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect as of January 1, \n1992. Such amendments shall not apply with respect to any permanent \nplacement of an Indian child for adoption occurring before the date of \nthe enactment of this Act.","summary":"Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.","title":"Voluntary Adoption Protection Act","text_len":7230,"sum_len":370} {"bill_id":"104_hr1777","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Air Traffic Supervisor Retirement \nReform Act of 1995''.\n\nSEC. 2. AMENDMENTS.\n\n (a) Civil Service Retirement System.--Section 8331 of title 5, \nUnited States Code, is amended--\n (1) by striking ``and'' at the end of paragraph (25);\n (2) by striking the period at the end of paragraph (26) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(27) `air traffic controller' or `controller' means--\n ``(A) a controller within the meaning of section \n 2109(1); and\n ``(B) a civilian employee of the Department of \n Transportation or the Department of Defense holding a \n supervisory, managerial, executive, technical, \n semiprofessional, or professional position for which \n experience as a controller (within the meaning of \n section 2109(1)) is a prerequisite.''\n (b) Federal Employees' Retirement System.--Section 8401 of title 5, \nUnited States Code, is amended--\n (1) by striking ``and'' at the end of paragraph (31);\n (2) by striking the period at the end of paragraph (32) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(33) `air traffic controller' or `controller' means--\n ``(A) a controller within the meaning of section \n 2109(1); and\n ``(B) a civilian employee of the Department of \n Transportation or the Department of Defense holding a \n supervisory, managerial, executive, technical, \n semiprofessional, or professional position for which \n experience as a controller (within the meaning of \n section 2109(1)) is a prerequisite.''\n\nSEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.\n\n (a) Effective Date.--Subject to subsections (b) and (c), this Act \nand the amendments made by this Act shall take effect on the 60th day \nafter the date of enactment of this Act.\n (b) Treatment of Pre-Effective Date Service.--\n (1) Employee contributions.--\n (A) In general.--Subject to subparagraph (C), upon \n application to the Office of Personnel Management, any \n service to which this subsection applies shall, for \n purposes of chapter 83 or 84 of title 5, United States \n Code, as applicable, be treated in the same way as if \n the amendments made by this Act had been in effect when \n such service was rendered.\n (B) Service to which this subsection applies.--This \n subsection applies with respect to any service as a \n controller, within the meaning of section 8331(27)(B) \n or 8401(33)(B) of title 5, United States Code (as \n amended by this Act), performed before the effective \n date of this Act.\n (C) Requirements.--\n (i) Deposit requirement.--Subparagraph (A) \n shall not apply with respect to any service \n unless there is deposited into the Civil \n Service Retirement and Disability Fund, with \n interest, an amount equal to the amount by \n which--\n (I) the deductions from pay which \n would have been required for such \n service had the amendments made by this \n Act been in effect when such service \n was rendered, exceeds\n (II) the deductions or deposits \n actually made, under section 8334 or \n 8422 of title 5, United States Code, as \n applicable, with respect to such \n service.\n (ii) Status at time of application.--This \n paragraph shall not apply with respect to any \n individual who is not serving as a controller, \n within the meaning of either provision cited in \n subparagraph (B), on the date on which an \n application under this paragraph is made with \n respect to any service of such individual.\n (D) Certification.--For purposes of chapter 83 or \n 84 of title 5, United States Code, the Office shall \n accept the certification of the Secretary of \n Transportation or the Secretary of Defense, as the case \n may be, concerning the service of, and the amount of \n compensation received by, an individual with respect to \n any service for which an application under this \n paragraph is made.\n (2) Government contributions.--Not later than 90 days after \n the full deposit required under paragraph (1) with respect to \n an individual has been paid, the agency that employed such \n individual during the period of service to which such deposit \n relates shall pay into the Civil Service Retirement and \n Disability Fund, with interest, an amount equal to the amount \n by which--\n (A) the Government contributions which would have \n been required to have been paid into the Fund for such \n service had the amendments made by this Act been in \n effect when such service was rendered, exceeds\n (B) the Government contributions actually made, \n under section 8334 or 8423 of title 5, United States \n Code, as applicable, with respect to such service.\n (3) Regulations.--The Office shall prescribe such \n regulations as may be necessary to carry out this subsection, \n including provisions relating to the time and manner in which \n any application or deposit shall be made, and how any interest \n shall be computed.\n (c) Mandatory Separation.--Nothing in section 8335(a) or 8425(a) of \ntitle 5, United States Code, shall be considered to require the \nseparation of an individual from a position as a controller (within the \nmeaning of section 8331(27)(B) or section 8401(33)(B) of title 5, \nUnited States Code, as amended by this Act) if such individual was \nfirst appointed to any such position before the effective date of this \nAct.","summary":"Air Traffic Supervisor Retirement Reform Act of 1995 - Provides that service performed by certain civilian employees of the Departments of Transportation or of Defense holding specified positions for which experience as an air traffic controller is a prerequisite shall be creditable for retirement under the Civil Service and Federal Employees' Retirement Systems.","title":"Air Traffic Supervisor Retirement Reform Act of 1995","text_len":6818,"sum_len":365} {"bill_id":"103_s1660","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Falls Preservation and \nRedevelopment Act of 1993''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``District'' means the Great Falls Historic \n District established under section 4; and\n (2) the term ``Secretary'' means the Secretary of the \n Interior.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to preserve and interpret the \neducational and inspirational benefit of the unique and distinguished \ncontribution to our national heritage of certain historic and cultural \nlands, waterways, and edifices of the Great Falls Historic District. \nSuch purpose shall be carried out with an emphasis on harnessing this \nunique urban environment for its educational and recreational value, \nand enhancing economic and cultural redevelopment within the District.\n\nSEC. 4. GREAT FALLS HISTORIC DISTRICT.\n\n (a) Establishment.--There is established in the city of Paterson in \nthe county of Passaic in the State of New Jersey the Great Falls \nHistoric District.\n (b) Boundaries.--The boundaries of the District shall be the \nboundaries as specified for the Great Falls Historic District listed on \nthe National Register of Historic Places.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the District \nthrough cooperative agreements in accordance with this Act.\n (b) Grants; Cooperative Agreements.--\n (1) In general.--In expending sums made available pursuant \n to this Act, the Secretary may make grants to, and enter into \n cooperative agreements with, nonprofit entities for--\n (A) the purchase of property or easements;\n (B) emergency stabilization; and\n (C) the establishment of a coordinated fund.\n (2) Purpose.--Grants and cooperative agreements entered \n into under this subsection shall be used to carry out this Act, \n including the following activities:\n (A) An evaluation of--\n (i) the condition of historic and \n architectural resources existing on the date of \n enactment of this Act; and\n (ii) the environmental and flood hazard \n conditions within the District.\n (B) Recommendations for--\n (i) rehabilitating, reconstructing, and \n adaptively reusing such historic and \n architectural resources;\n (ii) preserving viewsheds, focal points, \n and streetscapes;\n (iii) establishing gateways to the \n District;\n (iv) establishing and maintaining parks and \n public spaces;\n (v) restoring, improving, and developing \n raceways and adjacent areas;\n (vi) developing public parking areas;\n (vii) improving pedestrian and vehicular \n circulation within the District;\n (viii) improving security within the \n District, with an emphasis on preserving \n historically significant structures from arson; \n and\n (ix) establishing a visitor's center.\n (c) Restoration, Maintenance, and Interpretation.--\n (1) In general.--The Secretary may enter into cooperative \n agreements with the owners of properties within the District of \n historical or cultural significance as determined by the \n Secretary, pursuant to which the Secretary may mark, interpret, \n improve, restore, and provide technical assistance with respect \n to the preservation and interpretation of such properties.\n (2) Requirements.--Each agreement entered into pursuant to \n paragraph (1) shall contain provisions ensuring that--\n (A) the Secretary shall have the right of access at \n reasonable times to public portions of the property for \n interpretive and other purposes; and\n (B) no changes or alterations shall be made in the \n property except by mutual agreement.\n (d) Cooperative Agreements With State.--In administering the \nDistrict, the Secretary may enter into cooperative agreements with the \nState of New Jersey, or any political subdivision thereof, for \nrendering, on a reimbursable basis, rescue, firefighting, and law \nenforcement services, cooperative assistance by nearby law enforcement \nand fire preventive agencies, and for other appropriate purposes.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as are necessary \nto carry out this Act.","summary":"Great Falls Preservation and Redevelopment Act of 1993 - Establishes the Great Falls Historic District in Paterson, New Jersey, to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements with: (1) nonprofit entities for the purchase of property or easements, emergency stabilization, and the establishment of a coordinated fund to carry out this Act. (2) property owners for the preservation and interpretation of properties of historical or cultural significance. And (3) the State of New Jersey for rescue, firefighting, and law enforcement services in the District. Authorizes appropriations.","title":"Great Falls Preservation and Redevelopment Act of 1993","text_len":5024,"sum_len":651} {"bill_id":"107_hr4209","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Self-Reliance for the \nWorld's Poorest Act of 2002''.\n\nSEC. 2. REAUTHORIZATION OF MICROENTERPRISE ASSISTANCE PROGRAMS.\n\n (a) Micro- and Small Enterprise Development Credits.--Section \n108(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(f)(1)) \nis amended by inserting ``and $2,000,000 for each of the fiscal years \n2003 through 2006'' after ``$1,500,000 for each of fiscal years 2001 \nand 2002''.\n (b) Microenterprise Development Grant Assistance.--Section 131(d) \nof the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(d)) is amended \nby inserting ``and $200,000,000 for each of the fiscal years 2003 \nthrough 2006'' after ``$155,000,000 for each of the fiscal years 2001 \nand 2002''.\n\nSEC. 3. POVERTY MEASUREMENT METHODS UNDER MICROENTERPRISE ASSISTANCE \n PROGRAMS.\n\n (a) In General.--Section 131(b) of the Foreign Assistance Act of \n1961 (22 U.S.C. 2152a(b)) is amended--\n (1) in paragraph (3)--\n (A) in the matter preceding subparagraph (A)--\n (i) by striking ``targeted to very poor \n entrepreneurs'' in the first sentence and \n inserting ``obligated and expended in support \n of programs or services under which 50 percent \n or more of the clients are initially very \n poor''; and\n (ii) by adding at the end of the first \n sentence before the period the following: ``or \n as those living on the equivalent of less than \n $1 per day (as determined by the World Bank)''; \n and\n (B) in subparagraph (A)(i), by striking \n ``entrepreneurs'' and inserting ``clients''; and\n (2) by adding at the end the following:\n ``(6) Poverty measurement methods.--(A) The Administrator \n of the United States Agency for International Development \n shall, in consultation with appropriate microfinance and \n microenterprise institutions, develop methods to measure the \n level of poverty of clients of sustainable poverty-focused \n microenterpise programs under paragraph (1).\n ``(B) In developing poverty measurement methods under \n subparagraph (A), the Administrator shall--\n ``(i) utilize cost-efficient sampling methods as \n opposed to full census methods, using criteria that \n correlate with characteristics of either those \n individuals living in the bottom 50 percent below the \n official poverty line (as established by the national \n government of the country) or those individuals living \n on less than $1 per day (as determined by the World \n Bank), including criteria such as the availability of \n the basic necessities of life (including nutritious \n food, climate-appropriate clothing and shelter, and \n clean water);\n ``(ii) utilize cost-efficient sampling methods that \n are appropriate for application by microfinance and \n microenterprise institutions on an annual basis; and\n ``(iii) give priority to methods already in use by \n practitioner institutions that meet the criteria in \n clauses (i) and (ii), including measures of loan size.\n ``(C) The Administrator--\n ``(i) shall implement interim poverty measurement \n methods in accordance with this paragraph--\n ``(I) with respect to not less than 25 \n sustainable poverty-focused programs by \n September 30, 2002; and\n ``(II) with respect to not less than 40 \n sustainable poverty-focused programs by \n September 30, 2003; and\n ``(ii) shall implement final poverty measurement \n methods in accordance with this paragraph not later \n than September 30, 2004.\n ``(D) In carrying out subparagraph (C)(i), the \n Administrator shall ensure that the programs described in such \n subparagraph are equitably distributed among the various \n countries and regions of the world.\n ``(E) As of October 1, 2004, grant assistance to a program \n or service under this subsection shall qualify in whole or in \n part as targeted assistance to the very poor under paragraph \n (3) if one of the approved final measurement methods verifies \n that at least 50 percent of the clients of the program or \n service are among the very poor as described in paragraph \n (3).''.\n (b) Report.--Not later than July 1, 2004, the Administrator of the \nUnited States Agency for International Development shall submit to \nCongress a report that contains--\n (1)(A) a description of the interim poverty measurement \n methods implemented in accordance with section 131(b)(6)(C)(i) \n of the Foreign Assistance Act of 1961, as added by subsection \n (a); and\n (B) an analysis of the results of the application of such \n poverty measurement methods to sustainable poverty-focused \n programs under such section; and\n (2) a description of the proposed final poverty measurement \n methods to be implemented not later than September 30, 2004, in \n accordance with section 131(b)(6)(C)(ii) of such Act.","summary":"Promoting Self-Reliance for the World's Poorest Act of 2002 - Amends the Foreign Assistance Act of 1961 to reauthorize sustainable poverty-focused microenterprise assistance programs through micro- and small enterprise development credits and microenterprise development grants for developing countries. Revises certain requirements with respect to such programs to require 50 percent of all microenterprise resources to be obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor, that is, those persons living in the bottom 50 percent below the poverty line or those living on the equivalent of less than $1 per day. Requires the Administrator of the United States Agency for International Development (AID) to develop and implement certain interim methods to measure the level of poverty of clients of sustainable poverty-focused microenterprise programs under the Act.","title":"To amend the Foreign Assistance Act of 1961 to reauthorize microenterprise assistance programs under that Act and to expand sustainable poverty-focused microenterprise programs under that Act by implementing improved poverty measurement methods under those programs.","text_len":5795,"sum_len":943} {"bill_id":"115_hr1420","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Know Before You Fly Act''.\n\nSEC. 2. DISCLOSURE OF FEES.\n\n Section 41712 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(d) Disclosure of Fees.--\n ``(1) In general.--It shall be an unfair or deceptive \n practice under subsection (a) for any air carrier, foreign air \n carrier, or ticket agent to fail to include, in an internet \n fare quotation for a specific itinerary in air transportation \n selected by a consumer, a clear and prominent statement that \n additional fees for checked baggage and carry-on baggage may \n apply, along with a prominent link from that internet website \n page directly to a list of all such fees.\n ``(2) Savings provision.--Nothing in this subsection may be \n construed to derogate or limit any responsibilities of an air \n carrier, foreign air carrier, or ticket agent under section \n 399.85 of title 14, Code of Federal Regulations, or any \n successor provision.''.\n\nSEC. 3. WIDESPREAD DISRUPTIONS.\n\n (a) In General.--Chapter 423 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 42304. Widespread disruptions\n ``(a) General Requirements.--A covered air carrier shall publish, \nvia a prominent link on the air carrier's public internet website, a \nclear statement indicating whether or not, with respect to a passenger \nof the air carrier whose travel is interrupted as a result of a \nwidespread disruption, the air carrier will--\n ``(1) provide for hotel accommodations;\n ``(2) arrange for ground transportation;\n ``(3) provide meal vouchers;\n ``(4) arrange for air transportation on another air carrier \n or foreign air carrier to the passenger's destination; and\n ``(5) provide for sleeping facilities, food, and water \n inside the airport terminal.\n ``(b) Transportation on Other Air Carriers.--The information \nprovided by a covered air carrier under subsection (a)(4) shall \nidentify each air carrier and foreign air carrier with which the \ncovered air carrier will arrange air transportation as described in \nsubsection (a)(4).\n ``(c) Definitions.--In this section, the following definitions \napply:\n ``(1) Widespread disruption.--The term `widespread \n disruption' means, with respect to a covered air carrier, the \n interruption of all or a substantial portion of the air \n carrier's system-wide flight operations, including flight \n delays and cancellations, as the result of the failure of one \n or more computer systems or computer networks of the air \n carrier.\n ``(2) Covered air carrier.--The term `covered air carrier' \n means an air carrier that provides scheduled or public charter \n passenger air transportation by operating an aircraft that as \n originally designed has a passenger capacity of thirty or more \n seats.\n ``(d) Savings Provision.--Nothing in this section may be construed \nto modify, abridge, or repeal any obligation of an air carrier under \nsection 42301.''.\n (b) Conforming Amendment.--The analysis for chapter 423 of title \n49, United States Code, is amended by adding at the end the following:\n\n``42304. Widespread disruptions.''.\n\nSEC. 4. CABIN AIR QUALITY.\n\n (a) Designation of Office.--Not later than 90 days after the date \nof enactment of this Act, the Administrator of the Federal Aviation \nAdministration shall designate an office of the Administration to \nreceive and analyze reports involving fumes in the air conditioning and \npressurization systems of aircraft operated under the provisions of \npart 121 of title 14, Code of Federal Regulations.\n (b) Corrective Actions.--If the head of the office designated under \nsubsection (a) determines with respect to a report received under \nsubsection (a) that corrective action would reduce the recurrence of an \nevent described in the report, the head of the office shall transmit \nthat determination to the Associate Administrator for Aviation Safety.\n (c) Standardized Reporting.--Not later than 60 days after the date \nof enactment of this Act, the Administrator shall issue guidance to air \ncarrier employees regarding terminology and phraseology for \nstandardized reporting of fume events in the Administration's standard \nservice difficulty reports.\n (d) Annual Report.--Not later than 1 year after the date of \nenactment of this Act, and annually thereafter, the head of the office \ndesignated under subsection (a) shall submit to the Committee on \nTransportation and Infrastructure of the House of Representatives and \nthe Committee on Commerce, Science, and Transportation of the Senate a \nreport on--\n (1) the number of reports received under subsection (a);\n (2) the disposition of the reports; and\n (3) the status of the Administration's implementation of \n any corrective actions identified under subsection (b).","summary":"Know Before You Fly Act This bill makes it an unfair or deceptive practice for an air carrier, foreign air carrier, or ticket agent to fail to disclose in its Internet fare quotation a clear and prominent statement of checked baggage and carry-on baggage fees, along with a prominent website link to a list of all such fees. A covered air carrier shall publish on its website a clear statement indicating whether it will provide passengers whose travel is interrupted due to a widespread disruption: hotel accommodations, ground transportation, meal vouchers, transportation on another air carrier to the passenger's destination. And sleeping facilities, food, and water inside the airport terminal. A quot, covered air carrierquot. Is defined as an air carrier that provides scheduled or public charter air transportation in an aircraft designed for a passenger capacity of 30 or more. The Federal Aviation Administration (FAA) shall designate a FAA office to receive and analyze reports involving fumes in the air conditioning and pressurization systems of commercial aircraft.","title":"Know Before You Fly Act","text_len":5120,"sum_len":1079} {"bill_id":"107_hr3070","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Travelling Sales Crew Protection \nAct''.\n\nSEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO CERTAIN \n OUTSIDE SALESMEN.\n\n (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 213) is amended by adding at the end the following:\n ``(k) For purposes of subsection (a)(1), and notwithstanding any \nother provision of law, the term `outside salesman' does not include \nany individual employed in the position of a salesman, if the \nindividual travels with a group of salespeople, including a supervisor, \nteam leader or crew leader, and the employees in the group do not \nreturn to their permanent residences at the end of the work day.''.\n (b) Limitation on Child Labor.--Section 12 of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 212) is amended by adding at the end \nthe following:\n ``(e) No individual under 18 years of age may be employed in a \nposition requiring the individual to engage in door-to-door sales or in \nrelated support work in a manner that requires the individual to remain \naway from the individual's permanent residence for more than 24 \nhours.''.\n\nSEC. 3. PROTECTION OF TRAVELLING SALES CREWS.\n\n (a) Travelling Sales Crew Worker Defined.--(1) Except as provided \nin paragraph (2), the term ``travelling sales crew worker'' means an \nindividual who--\n (A) is employed as a salesperson or in related \n support work;\n (B) travels with a group of salespersons, including \n a supervisor; and\n (C) is required to be absent overnight from his or \n her permanent place of residence.--\n (2) Such term does not include--\n (D) any individual who meets the requirements of \n subparagraph (A) if such individual is travelling to a trade \n show or convention; or\n (E) any immediate family member of a travelling sales crew \n employer.\n (b) Secretary to Prescribe Rules.--Not later than 180 days after \nthe date of enactment of this Act, the Secretary of Labor (hereinafter \nin this Act, the ``Secretary'') shall prescribe rules governing the \nprotection of travelling sales crews. Such rules shall contain the \nfollowing requirements:\n (1) Registration.--Each employer or supervisor of a \n travelling sales crew worker must obtain a certificate of \n registration from the Secretary. The Secretary shall prescribe \n the manner of application and the standards for issuance for \n such a certificate, including a reasonable fee for such \n application.\n (2) Employer requirements.--An employer of travelling sales \n crew workers must carry out the following duties, in accordance \n with the rules prescribed by the Secretary:\n (A) Disclosure of conditions of employment.--The \n employer must disclose to each travelling sales crew \n worker employed by such employer, in writing, \n information related to such worker's conditions of \n employment, including the rate of pay, applicable pay \n period, duration of employment, and whether the \n employer provides workers' compensation insurance \n coverage for the worker.\n (B) Payment of wages, recordkeeping.--For each pay \n period, the employer must--\n (i) pay to each travelling sales crew \n worker employed by such employer wages owed \n such worker when due;\n (ii) make such payment in United States \n currency or by negotiable instrument; and\n (iii) provide a written statement to each \n travelling sales crew worker employed by such \n employer, and maintain records (which must be \nkept for at least 3 years), relating to the earnings of (and any \nwithholdings of earnings from) each such worker.\n (C) Employer payment of employee business \n expenses.--Other than a deduction from wages for the \n actual cost to the employer of any board, lodging, or \n other facilities provided by the employer to a \n travelling sales crew worker employed by such employer, \n the employer may not require the worker--\n (i) to purchase any goods or services \n solely from the employer; or\n (ii) to pay for any of the employer's \n business expenses.\n (D) Vehicle insurance.--The employer must maintain \n liability insurance coverage in compliance with any \n applicable State law and sufficient (as determined by \n the Secretary) to protect any travelling sales crew \n workers transported in such a vehicle and to ensure \n against liability to other persons and property arising \n from the use of such vehicle for such purpose, except \n that if the Secretary determines that such workers are \n covered under an applicable workers' compensation \n insurance policy provided by the employer, additional \n vehicle insurance covering such workers may be waived \n by the Secretary.\n (E) Transportation safety.--The employer must \n maintain any motor vehicle used to transport a \n travelling sales crew worker employed by such employer \n in compliance with any applicable Federal, State, or \n local vehicle safety standards and with any additional \n safety rules prescribed by the Secretary.\n (F) Housing safety.--The employer must maintain any \n lodging owned or controlled by the employer in \n compliance with any applicable Federal, State, or local \n housing, sanitation, health, building, or other safety \n standards and with any additional safety rules \n prescribed by the Secretary.\n (G) Prohibition on discrimination.--An employer, or \n an agent of the employer, may not intimidate, threaten, \n restrain, coerce, blacklist, discharge, or in any \n manner discriminate against any travelling sales crew \n worker because such worker has, with just cause, filed \n any complaint or instituted, or caused to be \n instituted, any proceeding under or related to this \n Act, or has testified or is about to testify in any \n such proceeding, or because of the exercise, with just \n cause, by such worker on behalf of the worker or others \n of any right or protection afforded by this Act.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Criminal Sanctions.--An employer that willfully and knowingly \nviolates a rule prescribed under this Act shall be imprisoned for not \nmore than one year or fined not more than $10,000, or both. Upon \nconviction for a subsequent violation of a rule prescribed under this \nAct, an employer shall be imprisoned for not more than 3 years or fined \nnot more than $50,000, or both.\n (b) Civil Penalty.--An employer that violates a rule prescribed \nunder this Act shall be liable to the United States for a civil penalty \nof not more than $10,000 for each such violation. The Secretary may \nassess and collect such civil penalty after a determination, made on \nthe record after opportunity for an agency hearing, of--\n (1) liability for such violation; and\n (2) the appropriate amount of the penalty, based on the \n previous compliance record of the employer and the gravity of \n the violation.\n (c) Administrative Actions.--The Secretary shall prescribe rules \nproviding a procedure for an aggrieved travelling sales crew worker to \nfile an administrative complaint with the Secretary, which the \nSecretary shall investigate and follow up with any appropriate \nenforcement action against the employer of such worker, including \nreferral to the Attorney General of such employer for criminal \nsanctions under subsection (a), the imposition by the Secretary of a \ncivil penalty under subsection (b), or the filing of a civil action on \nbehalf of such worker to enjoin such employer under subsection (d).\n (d) Civil Action.--Any person aggrieved by a violation of a rule \nprescribed under this Act (or the Secretary, on behalf of any such \nperson) may bring, in an appropriate United States district court \n(without regard to the amount in controversy, the citizenship of the \nparties, or the exhaustion of administrative remedies), a civil \naction--\n (1) to enjoin such violation;\n (2) to recover the greater of--\n (A) actual damages; or\n (B) not more than $1,000 for each such violation \n for each plaintiff (which may not exceed $1,000,000 for \n all plaintiffs in a class); and\n (3) for other equitable relief; and\n (4) to recover the costs of the litigation and a reasonable \n attorney fee.","summary":"Traveling Sales Crew Protection Act - Amends the Fair Labor Standards Act of 1938 to: (1) exclude from an exemption from minimum wage and overtime requirements employee members of traveling sales crews who do not return to their permanent residences at the end of the workday. And (2) prohibit minors from being employed in door-to-door sales or related support work requiring them to remain away from their permanent residences for more than 24 hours. Requires certificates of registration for employers and supervisors of traveling sales crews operations. Sets forth various obligations of employers of traveling sales crew workers. Directs the Secretary of Labor to: (1) administer such registration system. And (2) promulgate safety and health standards for vehicles used to transport traveling sales crew members. Sets forth enforcement provisions, including criminal sanctions, civil penalties, administrative complaints, and private rights of action.","title":"To amend the Fair Labor Standards Act of 1938 to ensure the protection of employees in travelling sales crews, and for other purposes.","text_len":9531,"sum_len":957} {"bill_id":"109_s3324","text":"SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY.\n\n (a) In General.--Notwithstanding section 514 of the Tariff Act of \n1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of \nCustoms and Border Protection shall, not later than 90 days after the \nreceipt of the request described in subsection (b), liquidate or \nreliquidate the entries listed in subsection (d) in accordance with the \nU.S. Department of Commerce Final Results of Antidumping Administrative \nReview (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding \ninternal liquidation instructions issued on July 7, 2000.\n (b) Request.--Liquidation or reliquidation may be made under \nsubsection (a) with respect to an entry described in subsection (d) \nonly if a request therefore is filed with the Bureau of Customs and \nBorder Protection not later than 90 days after the date of the \nenactment of this Act.\n (c) Refund of Amounts Owed.--Any amounts owed by the United States \npursuant to the liquidation or reliquidation of an entry described in \nsubsection (d) (including interest from the date of entry) shall be \nrefunded not later than 90 days after the date of such liquidation or \nreliquidation.\n (d) Entry.--The entries referred to in subsection (a) are as \nfollows:\n\n \n \n \n Entry number Entry date Liquidation Date\n \n 002-0504959-6....... 07\/14\/92............ 12\/01\/00\n 237-0049216-0....... 08\/04\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0504945-5....... 07\/27\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 002-0505036-2....... 08\/10\/92............ 12\/01\/00\n 237-0049310-1....... 08\/24\/92............ 12\/01\/00\n 237-0049310-1....... 08\/24\/92............ 12\/01\/00\n 237-0049310-1....... 08\/24\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 002-0505223-6....... 09\/14\/92............ 12\/01\/00\n 237-0049661-7....... 10\/12\/92............ 11\/06\/98\n 237-0049661-7....... 10\/12\/92............ 11\/06\/98\n 237-0049661-7....... 10\/12\/92............ 11\/06\/98\n 002-0505350-7....... 10\/19\/92............ 12\/01\/00\n 002-0505350-7....... 10\/19\/92............ 12\/01\/00\n 002-0505350-7....... 10\/19\/92............ 12\/01\/00\n 002-0505350-7....... 10\/19\/92............ 12\/01\/00\n 002-0505350-7....... 10\/19\/92............ 12\/01\/00\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505652-6....... 12\/16\/92............ 06\/18\/93\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505810-0....... 01\/18\/93............ 05\/24\/96\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0505997-5....... 02\/23\/93............ 09\/10\/93\n 002-0506261-5....... 03\/30\/93............ 05\/24\/96\n 002-0506261-5....... 03\/30\/93............ 05\/24\/96\n 002-0506261-5....... 03\/30\/93............ 05\/24\/96\n 002-0506261-5....... 03\/30\/93............ 05\/24\/96\n 002-0506261-5....... 03\/30\/93............ 05\/24\/96\n 002-0506337-3....... 04\/23\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506366-2....... 04\/27\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0506538-6....... 05\/25\/93............ 05\/24\/96\n 002-0505117-0....... 08\/31\/92............ 12\/01\/00\n 002-0505117-0....... 08\/31\/92............ 12\/01\/00\n 002-0505117-0....... 08\/31\/92............ 12\/01\/00\n 002-0505156-8....... 09\/03\/92............ 12\/01\/00\n 002-0505156-8....... 09\/03\/92............ 12\/01\/00\n 002-0505221-0....... 09\/14\/92............ 12\/01\/00\n 002-0505222-8....... 09\/14\/92............ 12\/01\/00\n 002-0505217-8....... 09\/21\/92............ 12\/01\/00\n 002-0505217-8....... 09\/21\/92............ 12\/01\/00\n 002-0505270-7....... 09\/28\/92............ 12\/01\/00\n 002-0505270-7....... 09\/28\/92............ 12\/01\/00\n 002-0505270-7....... 09\/28\/92............ 12\/01\/00\n 002-0505328-3....... 10\/14\/92............ 12\/01\/00\n 002-0505328-3....... 10\/14\/92............ 12\/01\/00\n 002-0505328-3....... 10\/14\/92............ 12\/01\/00\n 002-0505364-8....... 10\/19\/92............ 12\/01\/00\n 002-0505364-8....... 10\/19\/92............ 12\/01\/00\n 002-0505654-2....... 12\/22\/92............ 12\/01\/00\n 002-0505653-4....... 12\/21\/92............ 12\/01\/00\n 002-0505653-4....... 12\/21\/92............ 12\/01\/00\n 002-0505651-8....... 12\/24\/92............ 12\/01\/00\n 002-0505651-8....... 12\/24\/92............ 12\/01\/00\n 002-0505651-8....... 12\/24\/92............ 12\/01\/00\n 002-0505651-8....... 12\/24\/92............ 12\/01\/00\n 002-0505811-8....... 01\/11\/93............ 05\/24\/96\n 002-0505811-8....... 01\/11\/93............ 05\/24\/96\n 002-0505809-2....... 01\/13\/93............ 05\/24\/96\n 002-0505809-2....... 01\/13\/93............ 05\/24\/96\n 002-0505877-9....... 01\/25\/93............ 05\/24\/96\n 002-0505877-9....... 01\/25\/93............ 05\/24\/96\n 002-0505878-7....... 01\/25\/93............ 05\/24\/96\n 002-0506061-9....... 02\/15\/93............ 05\/24\/96\n 002-0506061-9....... 02\/15\/93............ 05\/24\/96\n 002-0505998-3....... 02\/23\/93............ 05\/24\/96\n 002-0505998-3....... 02\/23\/93............ 05\/24\/96\n 002-0506181-5....... 03\/09\/93............ 05\/24\/96\n 002-0506181-5....... 03\/09\/93............ 05\/24\/96\n 002-0506136-9....... 03\/19\/93............ 05\/24\/96\n 002-0506202-9....... 03\/19\/93............ 05\/24\/96\n 002-0506202-9....... 03\/19\/93............ 05\/24\/96\n 002-0506221-9....... 03\/29\/93............ 05\/24\/96\n 002-0506221-9....... 03\/29\/93............ 05\/24\/96\n 002-0506221-9....... 03\/29\/93............ 05\/24\/96\n 002-0506221-9....... 03\/29\/93............ 05\/24\/96\n 002-0506269-8....... 04\/02\/93............ 05\/24\/96\n 002-0506302-7....... 04\/13\/93............ 05\/24\/96\n 002-0506365-4....... 04\/13\/93............ 05\/24\/96\n 002-0506365-4....... 04\/13\/93............ 05\/24\/96\n 002-0506364-7....... 04\/28\/93............ 05\/24\/96\n 002-0506340-7....... 04\/20\/93............ 05\/24\/96\n 002-0506340-7....... 04\/20\/93............ 05\/24\/96\n 002-0506396-9....... 05\/04\/93............ 05\/24\/96\n 002-0506455-3....... 05\/10\/93............ 05\/24\/96\n 002-0506455-3....... 05\/10\/93............ 05\/24\/96\n 002-0506524-6....... 05\/17\/93............ 05\/24\/96\n 002-0506539-4....... 05\/25\/93............ 05\/24\/96\n 002-0506539-4....... 05\/25\/93............ 05\/24\/96\n 002-0506584-0....... 06\/07\/93............ 05\/24\/96\n 002-0506584-0....... 06\/07\/93............ 05\/24\/96","summary":"Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.","title":"A bill to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.","text_len":10960,"sum_len":174} {"bill_id":"107_s3013","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Emergency Health Services \nReimbursement Act of 2002''.\n\nSEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO \n UNDOCUMENTED ALIENS.\n\n Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 \nnote) is amended to read as follows:\n\n``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES \n FURNISHED TO UNDOCUMENTED ALIENS.\n\n ``(a) Total Amount Available for Allotment.--There is appropriated, \nout of any funds in the Treasury not otherwise appropriated, \n$200,000,000 for each of fiscal years 2003 through 2007, for the \npurpose of making allotments under this section to States described in \nparagraph (1) or (2) of subsection (b).\n ``(b) State Allotments.--\n ``(1) Based on highest number of undocumented aliens.--\n ``(A) Determination of allotments.--\n ``(i) In general.--Out of the amount \n appropriated under subsection (a) for a fiscal \n year, the Secretary shall use $134,000,000 of \n such amount to compute an allotment for each \n such fiscal year for each of the 17 States with \n the highest number of undocumented aliens.\n ``(ii) Formula.--The amount of such \n allotment for each such State for a fiscal year \n shall bear the same ratio to the total amount \n available for allotments under this paragraph \n for the fiscal year as the ratio of the number \n of undocumented aliens in the State in the \n fiscal year bears to the total of such numbers \n for all such States for such fiscal year.\n ``(iii) Availability of funds.--The amount \n of an allotment provided to a State under this \n paragraph for a fiscal year that is not paid \n out under subsection (c) shall be available for \n payment during the subsequent fiscal year.\n ``(B) Data.--For purposes of subparagraph (A), the \n number of undocumented aliens in a State shall be \n determined based on estimates of the resident \n undocumented alien population residing in each State \n prepared by the Statistics Division of the Immigration \n and Naturalization Service as of October 1992 (or as of \n such later date if such date is at least 1 year before \n the beginning of the fiscal year involved).\n ``(2) Based on number of undocumented alien apprehension \n states.--\n ``(A) In general.--Out of the amount appropriated \n under subsection (a) for a fiscal year, the Secretary \n shall use $66,000,000 of such amount to compute an \n allotment for each such fiscal year for each of the 6 \n States with the highest number of undocumented alien \n apprehensions for such fiscal year.\n ``(B) Determination of allotments.--The amount of \n such allotment for each such State for a fiscal year \n shall bear the same ratio to the total amount available \n for allotments under this paragraph for the fiscal year \n as the ratio of the number of undocumented alien \n apprehensions in the State in the fiscal year bears to \n the total of such numbers for all such States for such \n fiscal year.\n ``(C) Data.--For purposes of this paragraph, the \n highest number of undocumented alien apprehensions for \n a fiscal year shall be based on the 4 most recent \n quarterly apprehension rates for undocumented aliens in \n such States, as reported by the Immigration and \n Naturalization Service.\n ``(D) Availability of funds.--The amount of an \n allotment provided to a State under this paragraph for \n a fiscal year that is not paid out under subsection (c) \n shall be available for payment during the subsequent \n fiscal year.\n ``(3) Rule of construction.--Nothing in this section shall \n be construed as prohibiting a State that is described in both \n of paragraphs (1) and (2) from receiving an allotment under \n both such paragraphs for a fiscal year.\n ``(c) Use of Funds.--The Secretary shall pay, from the allotments \nmade for a State under paragraphs (1) and, if applicable, (2) of \nsubsection (b) for a fiscal year, to each State and directly to local \ngovernments, hospitals, or other providers located in the State \n(including providers of services received through an Indian Health \nService facility whether operated by the Indian Health Service or by an \nIndian tribe or tribal organization (as defined in section 4 of the \nIndian Health Care Improvement Act)) that provide uncompensated \nemergency health services furnished to undocumented aliens during that \nfiscal year, such amounts (subject to the total amount available from \nsuch allotments) as the State, local governments, hospitals, or \nproviders demonstrate were incurred for the provision of such services \nduring that fiscal year.\n ``(d) Definitions.--In this section:\n ``(1) Hospital.--The term `hospital' has the meaning given \n such term in section 1861(e) of the Social Security Act (42 \n U.S.C. 1395x(e)).\n ``(2) Provider.--The term `provider' includes a physician, \n any other health care professional licensed under State law, \n and any other entity that furnishes emergency health services, \n including ambulance services.\n ``(3) Secretary.--The term `Secretary' means the Secretary \n of Health and Human Services.\n ``(4) State.--The term `State' means the 50 States and the \n District of Columbia.\n ``(e) Entitlement.--This section constitutes budget authority in \nadvance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of amounts provided under \nthis section.''.","summary":"Local Emergency Health Services Reimbursement Act of 2002 - Amends the Balanced Budget Act of 1997 to appropriate $200,000,000 for each of FY 2003 through 2007 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens . Directs the Secretary of Health and Human Services to use $134,000,000 of such amount to compute an allotment, according to a specified formula, for each of the 17 States with the highest number of undocumented aliens. Directs the Secretary to use $66,000,000 to compute an allotment for each of the six States with the highest number of undocumented alien apprehensions. Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility . Declares that this Act constitutes budget authority in advance of appropriations Acts.","title":"A bill to amend the Balanced Budget Act of 1997 to extend and modify the reimbursement of State and local funds expended for emergency health services furnished to undocumented aliens.","text_len":6529,"sum_len":952} {"bill_id":"113_hr3573","text":"SECTION 1. ADJUSTMENTS TO RATES OF BASIC PAY OF PREVAILING RATE \n EMPLOYEES.\n\n (a) Limitation on Adjustments.--\n (1) Prevailing rate employees of agencies.--Notwithstanding \n any other provision of law, and except as otherwise provided in \n this section, a prevailing rate employee described in section \n 5342(a)(2)(A) of title 5, United States Code, may not be paid--\n (A) during the period beginning on January 1, 2014, \n and ending on the normal effective date of the \n applicable wage survey adjustment that is to take \n effect in fiscal year 2014, in an amount that exceeds \n the rate payable for the applicable grade and step of \n the applicable wage schedule in accordance with such \n section; and\n (B) during the period beginning on the day after \n the end of the period described in subparagraph (A) and \n ending on September 30, 2014, in an amount that \n exceeds, as a result of a wage survey adjustment, the \n rate payable under subparagraph (A) by more than the \n sum of--\n (i) the percentage adjustment taking effect \n in fiscal year 2014 under section 5303 of title \n 5, United States Code, in the rates of pay \n under the General Schedule; and\n (ii) the difference between the overall \n average percentage of the locality-based \n comparability payments taking effect in fiscal \n year 2014 under section 5304 of such title \n (whether by adjustment or otherwise), and the \n overall average percentage of such payments \n which was effective in the previous fiscal year \n under such section.\n (2) Other prevailing rate employees.--Notwithstanding any \n other provision of law, no prevailing rate employee described \n in subparagraph (B) or (C) of section 5342(a)(2) of title 5, \n United States Code, and no employee covered by section 5348 of \n such title, may be paid during the periods for which paragraph \n (1) is in effect at a rate that exceeds the rates that would be \n payable under paragraph (1) were paragraph (1) applicable to \n such employee.\n (3) Employees paid from new schedules.--For the purposes of \n this subsection, the rates payable to an employee who is \n covered by this subsection and who is paid from a schedule not \n in existence on September 30, 2013, shall be determined under \n regulations prescribed by the Office of Personnel Management.\n (4) Rates of premium pay.--Notwithstanding any other \n provision of law, rates of premium pay for employees subject to \n this subsection may not be changed from the rates in effect on \n September 30, 2013, except to the extent determined by the \n Office of Personnel Management to be consistent with the \n purpose of this subsection.\n (5) Period covered.--This subsection shall apply with \n respect to pay for service performed on or after the first day \n of the first applicable pay period beginning after December 31, \n 2013.\n (6) Treatment under other laws.--For the purpose of \n administering any provision of law (including any rule or \n regulation that provides premium pay, retirement, life \n insurance, or any other employee benefit) that requires any \n deduction or contribution, or that imposes any requirement or \n limitation on the basis of a rate of salary or basic pay, the \n rate of salary or basic pay payable after the application of \n this subsection shall be treated as the rate of salary or basic \n pay.\n (7) Limitations.--Nothing in this subsection shall be \n considered to permit or require the payment to any employee \n covered by this subsection at a rate in excess of the rate that \n would be payable were this subsection not in effect.\n (8) Exceptions.--The Office of Personnel Management may \n provide for exceptions to the limitations imposed by this \n subsection if the Office determines that such exceptions are \n necessary to ensure the recruitment or retention of qualified \n employees.\n (b) Comparability of Adjustments.--\n (1) In general.--Notwithstanding subsection (a), effective \n as of the first day of the first applicable pay period \n beginning after December 31, 2013, the percentage increase in \n rates of basic pay for the statutory pay systems under sections \n 5344 and 5348 of title 5, United States Code, that takes place \n in fiscal year 2014 shall be not less than the percentage \n increase received by employees in the same pay locality whose \n rates of basic pay are adjusted under sections 5303 and 5304 of \n title 5, United States Code.\n (2) Pay localities.--For the purposes of this subsection, \n prevailing rate employees in localities where there are no \n employees whose pay is increased pursuant to sections 5303 and \n 5304 of title 5, United States Code, and prevailing rate \n employees described in section 5343(a)(5) of title 5, United \n States Code, shall be considered to be located in the pay \n locality designated as ``Rest of United States'' under section \n 5304 of title 5, United States Code.","summary":"Prohibits any prevailing rate employee in a federal agency, between January 1 and September 30, 2014, from being paid an amount exceeding specified limits resulting from an applicable wage survey adjustment. Prohibits the percentage increase in wages paid to a prevailing wage employee in FY2014 from being less than the percentage increase in the basic pay of other federal employees in the same pay locality.","title":"To ensure that the percentage increase in rates of basic pay for prevailing wage employees shall be equal to the percentage increase received by other Federal employees in the same pay locality, and for other purposes.","text_len":5818,"sum_len":410} {"bill_id":"115_hr4974","text":"SECTION 1. VISA OVERSTAYS CRIMINALIZED.\n\n (a) In General.--The Immigration and Nationality Act is amended by \ninserting after section 274D the following:\n\n``SEC. 274E. VISA OVERSTAYS.\n\n ``(a) In General.--Except as provided in subsection (b), any alien \nwho remains in the United States for any period of time after the date \non which any visa or status under which the alien is lawfully present \nhas expired shall--\n ``(1) for the first commission of any such offense, be \n fined under title 18, United States Code, or imprisoned no more \n than 6 months, or both; and\n ``(2) for a subsequent commission of any such offense, be \n fined under title 18, United States Code, or imprisoned not \n more than 2 years, or both.\n ``(b) Exception.--If the Secretary of Homeland Security determines \non an individual case-by-case basis that, because of reasons of a \nmedical necessity, public safety, or national security, the alien \nviolated subsection (a), the alien shall not be subject to the \npenalties under subsection (a).\n ``(c) Limitation on Reentry.--\n ``(1) First offenders.--Subject to section 222(g)(2), any \n alien convicted of a violation of subsection (a)(1)--\n ``(A) may not be admitted to the United States for \n a period of 5 years, beginning on the date of the \n conviction; and\n ``(B) may not be granted a visa for a period of 10 \n years, beginning on the date of the conviction.\n ``(2) Subsequent offenses.--Notwithstanding section \n 222(g)(2), any alien convicted of a violation of subsection \n (a)(2)--\n ``(A) may not be admitted to the United States; and\n ``(B) may not be granted a visa.\n ``(d) Disclosure of Penalties.--In the case of any application or \npetition by or on behalf of an alien for admission to the United \nStates, the Secretary of State or the Secretary of Homeland Security \nshall provide the alien with notice of the penalties under this section \nand section 275 on receipt of the application or petition, and again at \nthe time of admission.''.\n (b) Clerical Amendment.--The table of contents of the Immigration \nand Nationality Act is amended by inserting after the item relating to \nsection 274D the following:\n\n``274E. Visa overstays.''.\n\nSEC. 2. EFFECT OF VISA REVOCATION.\n\n (a) In General.--Section 221(i) of the Immigration and Nationality \nAct (8 U.S.C. 1201(i)) is amended by inserting before the final \nsentence the following: ``A revocation under this subsection shall \nautomatically cancel any other valid visa that is in the alien's \npossession.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act and shall apply to \nrevocations under section 221(i) of the Immigration and Nationality Act \n(8 U.S.C. 1201(i)) occurring on or after such date.\n\nSEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.\n\n Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) \nis amended--\n (1) by striking ``In any removal proceedings before an \n immigration judge and in any appeal proceedings before the \n Attorney General from any such removal proceedings'' and \n inserting ``In any removal proceedings before an immigration \n judge, or any other immigration proceedings before the Attorney \n General, the Secretary of Homeland Security, or any appeal of \n such a proceeding'';\n (2) by striking ``(at no expense to the Government)''; and\n (3) by adding at the end the following ``Notwithstanding \n any other provision of law, in no instance shall the Government \n bear any expense for counsel for any person in proceedings \n described in this section.''.\n\nSEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS.\n\n Section 222(f) of the Immigration and Nationality Act (8 U.S.C. \n1202(f)) is amended--\n (1) in paragraph (1), by striking the period at the end and \n inserting a semicolon;\n (2) by redesignating paragraph (2) as paragraph (3); and\n (3) by inserting after paragraph (1) the following:\n ``(2) the Secretary of State on a case-by-case basis may \n provide to a foreign government copies of any record of the \n Department of State and of diplomatic and consular offices of \n the United States pertaining to the issuance or refusal of \n visas or permits to enter the United States, or any information \n contained in those records, if the Secretary determines that it \n is in the national interests of the United States; and''.\n\nSEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA \n ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT \n OFFICIALS.\n\n Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) \nis amended by adding at the end the following:\n ``(i) In the case of an alien described in one of clauses (i) \nthrough (iv) of subsection (h)(2)(E) who has applied for a visa, the \nAttorney General and the Director of the Federal Bureau of \nInvestigation shall provide the Secretary of State with access to the \ncriminal history record information contained in files maintained by \nthe National Crime Information Center for the purpose of determining \nwhether the visa should be issued.''.","summary":"This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense. And (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.","title":"To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.","text_len":5524,"sum_len":1271} {"bill_id":"111_s3521","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rare Earths Supply Technology and \nResources Transformation Act of 2010'' or the ``RESTART Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Significant quantities of rare earths are used in the \n production of clean energy technologies, including advanced \n automotive propulsion batteries, electric motors, high-\n efficiency light bulbs, solar panels, and wind turbines. These \n technologies are used to advance the United States energy \n policy of reducing dependence on foreign oil and decreasing \n greenhouse gas emissions through expansion of cleaner sources \n of energy.\n (2) Many modern defense technologies such as radar and \n sonar systems, precision-guided weapons, cruise missiles, and \n lasers cannot be built, as designed and specified, without the \n use of rare earths and materials produced from them.\n (3) Rare earths also provide core functionality to a \n variety of high technology applications in computing, pollution \n abatement, power generation, water treatment, oil refining, \n metal alloying, communications, health care, agriculture, and \n other sectors.\n (4) Though at least 15 percent of the world's rare earth \n reserves are located within the United States, the country now \n depends upon imports for nearly 100 percent of its rare earth \n needs because there are virtually no active rare earth \n producers in the United States. More than 97 percent of all \n rare earths for world consumption are produced in China.\n (5) The ability--and willingness--of China to export rare \n earths is eroding due to its growing domestic demand, its \n enforcement of environmental law on current producers, and its \n mandate to consolidate the industry by decreasing its number of \n mining permits. The Chinese Ministry of Industry and \n Information Technology draft rare earths plan for 2009 to 2015 \n proposes an immediate ban on the export of dysprosium, terbium, \n thulium, lutetium, and yttrium, the so-called ``heavy'' rare \n earths, and a restriction on the exports of all other, light, \n rare earth metals to a level well below that sufficient to \n satisfy the demand of Japan in 2008 alone for such metals.\n (6) Furthermore, the United States has limited rare earth \n production, remains entirely dependent on overseas refineries \n for further elemental and alloy processing, and does not \n currently maintain a ``strategic reserve'' of rare earth \n compounds, metals, or alloys.\n (7) Rare earths should qualify as materials either \n strategic or critical to national security. The United States \n Government should facilitate the domestic reintroduction of a \n globally competitive rare earth industry that is self-\n sufficient in the United States domestic market with multiple \n sources of mining, processing, alloying, and manufacturing.\n (8) This self-sufficiency requires an uninterrupted supply \n of strategic materials critical to national security and \n innovative commercial product development, including rare \n earths, to support the clean energy and defense supply chains.\n (9) The United States currently cannot reclaim valuable \n rare earths and permanent magnets from scrapped military or \n consumer products, industrial materials or equipment, which \n allows entities in other countries to identify and recover such \n materials for resale to United States manufacturers at \n considerable cost.\n (10) There is an urgent need to identify the current global \n market situation regarding rare earths, the strategic value \n placed on them by foreign nations including China, and the \n supply-chain vulnerabilities related to rare earths and \n products containing rare earths.\n\nSEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.\n\n (a) Policy.--It is the policy of the United States that each \nFederal agency shall take appropriate actions, to the extent consistent \nwith applicable law, to expedite permitting and projects that will \nincrease exploration for, and development of, domestic rare earths.\n (b) Rare Earth Policy Task Force.--\n (1) Establishment.--There is established within the \n Department of the Interior a task force to be known as the \n ``Rare Earth Policy Task Force'' (referred to in this section \n as the ``Task Force''), which shall report to the President \n through the Secretary of the Interior.\n (2) Composition.--The Task Force shall be composed of the \n following:\n (A) The Secretary of the Interior (or a designee), \n who shall serve as chair of the Task Force.\n (B) The Secretary of Energy (or a designee).\n (C) The Secretary of Agriculture (or a designee).\n (D) The Secretary of Defense (or a designee).\n (E) The Secretary of Commerce (or a designee).\n (F) The Secretary of State (or a designee).\n (G) The Director of the Office of Management and \n Budget (or a designee).\n (H) The Chairman of the Council on Environmental \n Quality (or a designee).\n (I) Such other members as the Secretary of the \n Interior considers appropriate.\n (c) Duties.--The Task Force shall--\n (1) monitor and assist Federal agencies in expediting the \n review and approval of permits or other actions, as necessary, \n to accelerate the completion of projects that will increase \n investment in, exploration for, and development of domestic \n rare earths pursuant to the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897 \n (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-\n 482, 551), the National Forest Management Act of 1976 (16 \n U.S.C. 1600 et seq.), and any other applicable statutory \n authorities related to domestic mining operations;\n (2) assist Federal agencies in reviewing laws (including \n regulations) and policies that discourage investment in, \n exploration for, and development of domestic rare earths \n pursuant to Federal Land Policy and Management Act of 1976, the \n Act of June 4, 1897, the National Forest Management Act of \n 1976, and any other applicable statutory authorities related to \n domestic mining operations; and\n (3) take such other actions to otherwise increase \n investment in, exploration for, and development of domestic \n rare earths as the Task Force considers appropriate.\n (d) Annual Reports.--At least once each year, the Task Force shall \nsubmit to the President, the Committee on Natural Resources of the \nSenate, the Committee on Energy and Commerce of the House of \nRepresentatives, and the Committee on Natural Resources of the House of \nRepresentatives a report setting forth the following:\n (1) A description of the results of the coordinated and \n expedited review of permits or other actions to promote \n investment in, exploration for, and development of domestic \n rare earths, and an identification of the procedures and \n actions that have proven to be the most useful and appropriate \n in coordinating and expediting the review of projects that will \n increase investment in, exploration for, and development of \n domestic rare earths.\n (2) An identification of the substantive and procedural \n requirements of Federal, State, tribal, and local laws \n (including regulations) and Executive orders that are \n inconsistent with, duplicative of, or structured so as to \n restrict effective implementation of the projects described in \n paragraph (1).\n (3) Such recommendations as the Task Force considers \n appropriate to advance the policy set forth in subsection (a).\n (e) Judicial Review.--\n (1) In general.--Nothing in this section shall be construed \n to affect any judicial review of an agency action under any \n other provision of law.\n (2) Construction.--This section--\n (A) is intended to improve the internal management \n of the Federal Government; and\n (B) does not create any right or benefit, \n substantive or procedural, enforceable at law or equity \n by a party against the United States (including an \n agency, instrumentality, officer, or employee of the \n United States) or any other person.\n\nSEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.\n\n (a) Assessment.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of the Interior and the Secretary \nof Energy shall jointly, in consultation with the Secretary of Defense, \nthe Secretary of Commerce, the Secretary of State, and the United \nStates Trade Representative--\n (1) undertake an assessment of the domestic rare earth \n supply chain;\n (2) determine pursuant to such assessment which rare earth \n elements are critical to clean energy technologies and the \n national and economic security of the United States; and\n (3) submit to Congress a report setting forth the results \n of such assessment and determination.\n (b) Establishment of Stockpile.--Not later than one year after the \ndate of the enactment of this Act, the Secretary of the Interior and \nthe Secretary of Energy shall jointly, in consultation with the \nSecretary of Defense, the Secretary of Commerce, the Secretary of \nState, and the United States Trade Representative, submit to Congress a \nreport setting forth the following:\n (1) An assessment whether or not the rare earth materials \n determined to be critical to clean energy technologies and the \n national and economic security of the United States pursuant to \n subsection (a)(2) should be procured and placed in a stockpile.\n (2) An assessment whether or not adequate legal authorities \n exist to procure and place in a stockpile the rare earth \n materials so determined to be critical to clean energy \n technologies and the national and economic security of the \n United States.\n (3) Recommendations on the criteria to be utilized in \n determining the commencement and termination of the stockpiling \n of such rare earth materials.\n (c) Stockpile Defined.--In this section, the term ``stockpile'' \nmeans a strategic reserve of rare earth oxides, and storable forms of \nrare earths and alloys for purposes of clean energy technology and the \nnational and economic security of the United States.\n\nSEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.\n\n (a) Report to Industry.--Not later than 90 days after the date of \nthe enactment of the Act, the Secretary of Energy shall issue a report \nto industry describing available mechanisms for obtaining government \nloan guarantees for purposes of reestablishing a domestic rare earth \nsupply chain.\n (b) Department of Energy Support.--Not later than 90 days after the \ndate of the enactment of the Act, the Secretary of Energy shall issue \nguidance for the rare earth industry on obtaining loan guarantees under \ntitle XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22 \nU.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of \n2009 (Public Law 111-16) for purposes of supporting the reestablishment \nof mining, separation, purification, metal processing, refining, \nalloying, and manufacturing operations in the United States relating to \nrare earths that will support the domestic clean energy technology and \ndefense supply chains.\n\nSEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) the United States faces a shortage of key rare earth \n materials that form the backbone of both the defense and energy \n supply chains; and\n (2) the urgent need to reestablish a domestic rare earth \n supply chain warrants a prioritization of projects under the \n Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to \n support the reestablishment of such a supply chain.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Defense shall submit to \nCongress a report describing past, current, and future projects under \nthe Defense Production Act of 1950 to support the domestic rare earth \nsupply chain. If no such project is in process or planned as of the \ndate of the report, the report shall include a justification for the \nlack of projects to support a domestic rare earth supply chain, \nparticularly projects to establish or support domestic manufacturing \ncapability in critical segments of the rare earth market.\n\nSEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.\n\n It is the sense of Congress that, in order to reestablish the \nsecurity of rare earth supplies within the United States, and \nassociated technologies--\n (1) there is a pressing need to support innovation, \n training, and workforce development in the domestic rare earth \n supply chain;\n (2) the Department of Energy, the Department of the \n Interior, the Department of Commerce, and the Department of \n Defense should each, utilizing funds available to such \n department for basic research and development, provide funds to \n academic institutions, Government laboratories, corporate \n research and development, not-for-profit research and \n development, and industry associations in support of \n innovation, training, and workforce development in the domestic \n rare earth supply chain; and\n (3) in providing funds under paragraph (2), the Department \n of Energy, the Department of the Interior, the Department of \n Commerce, and the Department of Defense should give priority to \n academic institutions, Government laboratories, corporations, \n not-for-profit entities, and industry associations that will \n utilize domestically produced rare earths and associated \n materials.\n\nSEC. 8. RESTRICTIONS.\n\n (a) Limitation on Divestment of Facilities Created.--No recipient \nof appropriated funds for the purposes of supporting the \nreestablishment of a domestic rare earth supply chain, may divest any \nresources or assets funded, whether in whole or in part, by such \nappropriated funds to any foreign-owned or controlled entity without \nthe concurrence of the Secretary of Energy, the Secretary of Defense, \nand the Secretary of Commerce.\n (b) Enhancing National Security.--Any recipient of appropriated \nfunds obtained in connection with the reestablishment of a domestic \nrare earth supply chain shall be subject to the provisions of section \n2538 of title 10, United States Code, in the utilization of such funds, \nincluding with respect to any rare earth-related material sold by such \nrecipient in the commercial marketplace.\n\nSEC. 9. DEFINITIONS.\n\n In this Act:\n (1) Alloy.--The terms ``alloy'' means a partial or complete \n solid solution of one or more elements in a metallic matrix.\n (2) Alloying.--The term ``alloying'' means the melting of \n metal to create a metallic matrix.\n (3) Clean energy technology.--The term ``clean energy \n technology'' means a technology related to the production, use, \n transmission, storage, control, or conservation of energy that \n will--\n (A) reduce the need for additional energy supplies \n by using existing energy supplies with greater \n efficiency or by transmitting, distributing, or \n transporting energy with greater effectiveness through \n the infrastructure of the United States;\n (B) diversify the sources of energy supply of the \n United States to strengthen energy security and to \n increase supplies with a favorable balance of \n environmental effects if the entire technology system \n is considered; or\n (C) contribute to a stabilization of atmospheric \n greenhouse gas concentrations through reduction, \n avoidance, or sequestration of energy-related \n emissions.\n (4) Process.--The term ``process'', in the case of a rare \n earth oxide, means the conversion of the oxide into usable rare \n earth metals and specialty alloys and powders for domestic \n magnet and other manufacturing.\n (5) Rare earth.--The term ``rare earth''--\n (A) means the chemical elements in the periodic \n table from lanthanum (atomic number 57) up to and \n including lutetium (atomic number 71); and\n (B) includes the chemical elements yttrium and \n scandium.\n (6) Refine.--The term ``refine'', in the case of a rare \n earth extracted from rock, means the separation and \n purification of the rare earth to commercial grades of oxides \n or other salts such as oxalates or chlorides.","summary":"Rare Earths Supply Technology and Resources Transformation Act of 2010 or RESTART Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting the review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths. Directs the Secretaries of the Interior and of Energy to assess and report to Congress on: (1) the domestic rare earth supply chain. (2) rare earth elements critical to clean energy technologies and the national security. And (3) whether critical rare earth materials should be stockpiled. Instructs the Secretary of Energy to: (1) report to industry describing available mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain. And (2) issue guidance for the rare earth industry on obtaining federal loan guarantees. Directs the Secretary of Defense to report to Congress on past, current, and future projects to support the domestic rare earth supply chain. Expresses the sense of Congress that: (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains. (2) the urgent need to reestablish a domestic rare earth supply chain warrants a statutory prioritization of projects to support such reestablishment. (3) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain. And (4) the Departments of Energy, of the Interior, of Commerce, and of Defense should each provide funds to academic institutions, federal laboratories, and private entities for innovation, training, and workforce development in the domestic rare earth supply chain.","title":"A bill to provide for the reestablishment of a domestic rare earths materials production and supply industry in the United States, and for other purposes.","text_len":18004,"sum_len":1819} {"bill_id":"113_hr3956","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Investment and Empowerment \nAct''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to assist with the economic growth of \neconomically disadvantaged communities that have potential for strong \nClass 1 commercial investment, but continue to have a difficult time \nrecruiting Class 1 commercial investment.\n\nSEC. 3. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL \n INVESTMENT IN UNDERSERVED COMMUNITIES.\n\n The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) \nis amended by adding at the end the following new title:\n\n ``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL \n INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES\n\n``SEC. 511. GRANT PROGRAM.\n\n ``(a) Authorization.--From amounts appropriated under section 513, \nthe Administrator shall make grants on a competitive basis to \ncommunities for--\n ``(1) the creation of a grant and\/or revolving loan fund \n program that helps develop financing packages for Class 1 \n commercial investment;\n ``(2) lowering real estate property tax rates;\n ``(3) conducting community-wide market analysis to help \n recruit and\/or retain Class 1 commercial investment;\n ``(4) creating employment training programs for Class 1 \n business customer service, sales, and managerial positions;\n ``(5) retail marketing strategies to solicit new Class 1 \n commercial investment starts in the community;\n ``(6) program allowances for activities such as the \n publication of marketing materials, development of economic \n development web pages, and educational outreach activities with \n retail trade associations; and\n ``(7) hiring business recruitment specialists.\n ``(b) Eligibility.--The Administrator may only make a grant under \nsubsection (a) to communities that--\n ``(1) demographics include--\n ``(A) a median per capita income no higher than \n $35,000; and\n ``(B) a lack of Class 1 commercial investment; and\n ``(2) submit an application at such time, in such form, and \n containing such information and assurances as the Administrator \n may require, including--\n ``(A) a description of how the community through \n the activities the community carries out with the grant \n funds will recruit, retain and grow their economy \n through Class 1 commercial investment; and\n ``(B) a description of the difficulty the community \n has faced recruiting, retaining and growing their \n economy through Class 1 commercial investment.\n ``(c) Matching Funds.--\n ``(1) In general.--The Administrator may not make a grant \n to a community under subsection (a) unless the community agrees \n that, with respect to the costs to be incurred by the community \n in carrying out the activities for which the grant is awarded, \n the community will make available non-Federal contributions in \n an amount equal to not less than 10 percent of the Federal \n funds provided under the grant.\n ``(2) Satisfying matching requirements.--The non-Federal \n contributions required under paragraph (1) may be--\n ``(A) in cash or in-kind, including services, \n fairly evaluated; and\n ``(B) from--\n ``(i) any private source;\n ``(ii) a State or local governmental \n entity; or\n ``(iii) a not-for-profit.\n ``(3) Waiver.--The Administrator may waive or reduce the \n non-Federal contribution required by paragraph (1) if the \n community involved demonstrates that the eligible entity cannot \n meet the contribution requirement due to financial hardship.\n ``(d) Limitations.--Funding appropriated under section 513 will be \nallocated by the following formula--\n ``(1) no more than up to 5 percent of funds appropriated \n under section 513 shall go to administrative costs;\n ``(2) up to 70 percent of funding appropriated under \n section 513 shall go toward activities described in sections \n (a)(1) through (a)(4) after taking into account administrative \n costs under section (c)(1)(A); and\n ``(3) 30 percent of funding appropriated under section 513 \n shall go toward activities described in sections (a)(5) through \n (a)(7) after taking into account administrative costs under \n section (c)(1)(A).\n\n``SEC. 512. DEFINITIONS.\n\n ``In this title, the following definitions apply:\n ``(1) Community.--The term `community' means a governance \n structure that includes county, parish, city, village, \n township, district or borough.\n ``(2) Class 1 commercial investment.--The term `Class 1 \n commercial investment' means retail grocery chains, food \n service retailers, restaurants and franchises, retail stores, \n cafes, shopping malls, and other shops.\n ``(3) Economically underserved community.--The term \n `economically underserved community' means an area suffering \n from low income and resultant low purchasing power, limiting \n its ability to generate sufficient goods and services to be \n used in exchange with other areas to meet current consumption \n needs.\n\n``SEC. 513. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to the Administrator to \ncarry out section 511(a) $40,000,000 for each of fiscal years 2014 \nthrough 2019.''.","summary":"Community Investment and Empowerment Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to make grants on a competitive basis to communities for: the creation of a grant andor revolving loan fund program that helps develop financing packages for Class 1 commercial investment, lowering real estate property tax rates. Conducting community-wide market analysis to help recruit andor retain Class 1 commercial investment. Creating employment training programs for Class 1 business customer service, sales, and managerial positions. Retail marketing strategies to solicit new Class 1 commercial investment starts in the community. Program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations. And hiring business recruitment specialists. Authorizes the Administrator to only make such a grant to communities: (1) whose demographics include a median per capita income no higher than $35,000 and a lack of Class 1 commercial investment. (2) that submit an application that describes the activities the community carries out, and the difficulty the community has faced, to recruit, retain and grow their economy through Class 1 commercial investment. And (3) that agree to match 10 of grant funds with certain non-federal contributions. Allows the Administrator to waive or reduce the non-federal contribution if the community involved demonstrates that it cannot meet the contribution requirement due to financial hardship.","title":"Community Investment and Empowerment Act","text_len":5892,"sum_len":1631} {"bill_id":"106_hr2982","text":"SECTION 1. RESOURCE STAFF FOR STUDENTS.\n\n Title X of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 8001 et. seq) is amended by adding at the end the following:\n\n ``PART L--RESOURCE STAFF FOR STUDENTS\n\n``SEC. 10993. FINDINGS.\n\n ``Congress finds the following:\n ``(1) Although 7,500,000 children under the age of 18 \n require mental health services, fewer than 1 in 5 of these \n children receive the services.\n ``(2) Across the United States, counseling professionals \n have an extremely busy caseload and often students do no get \n the help they need. The current national average ratio of \n students to counselors in elementary and secondary schools is \n 513:1.\n ``(3) Schools in the United States need more mental health \n professionals, and the funds needed to hire staff to \n specifically serve students.\n ``(4) The maximum recommended ratio of students-to-\n counselors is 250:1.\n ``(5) Existing counselors are severely taxed to perform \n duties that are largely administrative in nature, such as \n scheduling. They are burdened with many demands regarding \n placement in colleges, texting, career guidance, and the like.\n ``(6) Student populations are expected to grow \n significantly over the next few years. School-based services \n for students will be in great demand. With expected large scale \n retirements, more than 100,000 new dedicated resource staff for \n students will be needed to increase student-to-staff service \n availability.\n ``(7) The Federal support for reducing the student-to-staff \n ratio would pay for itself, through reduced violence and \n substance abuse, and through improvements in students' academic \n achievement.\n\n``SEC. 10994. PURPOSE.\n\n ``The purpose of this part is to assist States and local \neducational agencies recruit, train, and hire 100,000 school-based \nresource staff to specifically work with students--\n ``(1) to reduce the student-to-counseling ratios \n nationally, in grades 6-12, to an average of 1 such staff for \n every 250 students as recommended in a report by the Institute \n of Medicine of the National Academy of Sciences relating to \n schools and health, issued in 1997;\n ``(2) to help address the mental, emotional, and \n developmental needs of public school students; and\n ``(3) to support other school staff and teachers in \n reaching students early before problems arise, conducting \n behavioral interventions to improve school discipline, and \n developing the awareness and skills to identify early warning \n signs of violence and the need for mental health services.\n\n``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM.\n\n ``(a) In General.--The Secretary shall award grants under this \nsection to establish or expand the number of resource staff available \nfor students' needs.\n ``(1) Distribution.--In awarding grants under this section, \n the Secretary shall allocate funds proportionately based on the \n population that is less than 18 years of age in the States.\n ``(2) Duration.--A grant under this section shall be \n awarded for a period not to exceed three years.\n ``(b) Applications.--\n ``(1) In general.--Each local educational agency desiring a \n grant under this section shall submit an application to the \n Secretary at such time, in such manner, and accompanied by such \n information as the Secretary may reasonably require.\n ``(2) Contents.--Each application for a grant under this \n section shall--\n ``(A) describe the secondary public school \n population to be targeted by the program, the \n particular personal, social, emotional, education, and \n career development needs of such population, and the \n current school counseling resources available for \n meeting such needs;\n ``(B) describe the activities, services, and \n training to be provided by the program and the specific \n approaches to be used to meet the needs described in \n subparagraph (A);\n ``(C) describe the methods to be used to evaluate \n the outcomes and effectiveness of the program;\n ``(D) document that the applicant has the personnel \n qualified to develop, implement, and administer the \n program;\n ``(E) assure that the funds made available under \n this part for any fiscal year will be used to \n supplement and, to the extent practicable, increase the \n level of funds that would otherwise be available from \n non-Federal sources for the program described in the \n application, and in no case supplant such funds from \n non-Federal sources.\n ``(c) Use of Funds.--Grants funds under this section shall be used \nto initiate or expand student resource staff programs that comply with \nthe purpose under section 10994.\n ``(d) Definitions.--For purposes of this part the term `resource \nstaff' means an individual who has documented competence and training \nin mental health to be able to provide services to children and \nadolescents in a school setting and who--\n ``(1) possesses State licensure or certification in mental \n health granted by an independent professional regulatory \n authority;\n ``(2) in the absence of such State licensure or \n certification, possesses national certification in mental \n health or in a related specialty granted by an independent \n professional organization; or\n ``(3) holds a minimum of a master's degree in school \n counseling from a program accredited by the Council for \n Accreditation of Counseling and Related Educational Programs or \n the equivalent; or\n ``(4) possesses a minimum of 60 graduate semester hours in \n school psychology from an institution of higher education and \n has completed 1,200 clock hours in a supervised school \n psychology internship, of which 600 hours shall be in the \n school setting, and possesses State licensure or certification \n in school psychology in the State in which the individual \n works; or\n ``(5) holds a master's degree in social work and is \n licensed or certified by the State in which services are to be \n provided or holds a school social work specialist credential.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this part $3,500,000,000 for fiscal year \n2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal \nyear 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for \nfiscal year 2004 for the hiring of student resource staff.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health. (2) help address the mental, emotional, and developmental needs of public school students. And (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds. Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications. Authorizes appropriations for FY 2000 through 2004 for such program.","title":"To provide grants to States and local educational agencies to recruit, train, and hire 100,000 school-based resource staff to help students deal with personal state of mind problems.","text_len":7226,"sum_len":1578} {"bill_id":"108_hr1862","text":"SECTION 1. SHORT TITLE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Oil Region \nNational Heritage Area Act''.\n (b) Definitions.--For the purposes of this Act, the following \ndefinitions shall apply:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Oil Region National Heritage Area established in section 3(a).\n (2) Management entity.--The term ``management entity'' \n means the Oil Heritage Region, Inc., or its successor entity.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) The Oil Region of Northwestern Pennsylvania, with \n numerous sites and districts listed on the National Register of \n Historic Places, and designated by the Governor of Pennsylvania \n as one of the State Heritage Park Areas, is a region with \n tremendous physical and natural resources and possesses a story \n of State, national, and international significance.\n (2) The single event of Colonel Edwin Drake's drilling of \n the world's first successful oil well in 1859 has affected the \n industrial, natural, social, and political structures of the \n modern world.\n (3) Six national historic districts are located within the \n State Heritage Park boundary, in Emlenton, Franklin, Oil City, \n and Titusville, as well as 17 separate National Register sites.\n (4) The Allegheny River, which was designated as a \n component of the national wild and scenic rivers system in 1992 \n by Public Law 102-271, traverses the Oil Region and connects \n several of its major sites, as do some of the river's \n tributaries such as Oil Creek, French Creek, and Sandy Creek.\n (5) The unspoiled rural character of the Oil Region \n provides many natural and recreational resources, scenic \n vistas, and excellent water quality for people throughout the \n United States to enjoy.\n (6) Remnants of the oil industry, visible on the landscape \n to this day, provide a direct link to the past for visitors, as \n do the historic valley settlements, riverbed settlements, \n plateau developments, farmlands, and industrial landscapes.\n (7) The Oil Region also represents a cross section of \n American history associated with Native Americans, frontier \n settlements, the French and Indian War, African Americans and \n the Underground Railroad, and immigration of Swedish and Polish \n individuals, among others.\n (8) Involvement by the Federal Government shall serve to \n enhance the efforts of the Commonwealth of Pennsylvania, local \n subdivisions of the Commonwealth of Pennsylvania, volunteer \n organizations, and private businesses, to promote the cultural, \n national, and recreational resources of the region in order to \n fulfill their full potential.\n (b) Purpose.--The purpose of this Act is to enhance a cooperative \nmanagement framework to assist the Commonwealth of Pennsylvania, its \nunits of local government, and area citizens in conserving, enhancing, \nand interpreting the significant features of the lands, water, and \nstructures of the Oil Region, in a manner consistent with compatible \neconomic development for the benefit and inspiration of present and \nfuture generations in the Commonwealth of Pennsylvania and the United \nStates.\n\nSEC. 3. OIL REGION NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is hereby established the Oil Region \nNational Heritage Area.\n (b) Boundaries.--The boundaries of the Heritage Area shall include \nall of those lands depicted on a map entitled ``Oil Region National \nHeritage Area'', numbered OIRE\/20,000 and dated October, 2000. The map \nshall be on file in the appropriate offices of the National Park \nService. The Secretary of the Interior shall publish in the Federal \nRegister, as soon as practical after the date of the enactment of this \nAct, a detailed description and map of the boundaries established under \nthis subsection.\n (c) Management Entity.--The management entity for the Heritage Area \nshall be the Oil Heritage Region, Inc., the locally based private, \nnonprofit management corporation which shall oversee the development of \na management plan in accordance with section 5(b).\n\nSEC. 4. COMPACT.\n\n To carry out the purposes of this Act, the Secretary shall enter \ninto a compact with the management entity. The compact shall include \ninformation relating to the objectives and management of the area, \nincluding a discussion of the goals and objectives of the Heritage \nArea, including an explanation of the proposed approach to conservation \nand interpretation and a general outline of the protection measures \ncommitted to by the Secretary and management entity.\n\nSEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT \n ENTITY.\n\n (a) Authorities of the Management Entity.--The management entity \nmay use funds made available under this Act for purposes of preparing, \nupdating, and implementing the management plan developed under \nsubsection (b). Such purposes may include--\n (1) making grants to, and entering into cooperative \n agreements with, States and their political subdivisions, \n private organizations, or any other person;\n (2) hiring and compensating staff; and\n (3) undertaking initiatives that advance the purposes of \n the Heritage Area.\n (b) Management Plan.--The management entity shall develop a \nmanagement plan for the Heritage Area that--\n (1) presents comprehensive strategies and recommendations \n for conservation, funding, management, and development of the \n Heritage Area;\n (2) takes into consideration existing State, county, and \n local plans and involves residents, public agencies, and \n private organizations working in the Heritage Area;\n (3) includes a description of actions that units of \n government and private organizations have agreed to take to \n protect the resources of the Heritage Area;\n (4) specifies the existing and potential sources of funding \n to protect, manage, and develop the Heritage Area;\n (5) includes an inventory of the resources contained in the \n Heritage Area, including a list of any property in the Heritage \n Area that is related to the themes of the Heritage Area and \n that should be preserved, restored, managed, developed, or \n maintained because of its natural, cultural, historic, \n recreational, or scenic significance;\n (6) describes a program for implementation of the \n management plan by the management entity, including plans for \n restoration and construction, and specific commitments for that \n implementation that have been made by the management entity and \n any other persons for the first 5 years of implementation;\n (7) lists any revisions to the boundaries of the Heritage \n Area proposed by the management entity and requested by the \n affected local government; and\n (8) includes an interpretation plan for the Heritage Area.\n (c) Deadline; Termination of Funding.--\n (1) Deadline.--The management entity shall submit the \n management plan to the Secretary within 2 years after the funds \n are made available for this Act.\n (2) Termination of funding.--If a management plan is not \n submitted to the Secretary in accordance with this subsection, \n the management entity shall not qualify for Federal assistance \n under this Act.\n (d) Duties of Management Entity.--The management entity shall--\n (1) give priority to implementing actions set forth in the \n compact and management plan;\n (2) assist units of government, regional planning \n organizations, and nonprofit organizations in--\n (A) establishing and maintaining interpretive \n exhibits in the Heritage Area;\n (B) developing recreational resources in the \n Heritage Area;\n (C) increasing public awareness of and appreciation \n for the natural, historical, and architectural \n resources and sites in the Heritage Area;\n (D) the restoration of any historic building \n relating to the themes of the Heritage Area;\n (E) ensuring that clear signs identifying access \n points and sites of interest are put in place \n throughout the Heritage Area; and\n (F) carrying out other actions that the management \n entity determines to be advisable to fulfill the \n purposes of this Act;\n (3) encourage by appropriate means economic viability in \n the Heritage Area consistent with the goals of the management \n plan;\n (4) consider the interests of diverse governmental, \n business, and nonprofit groups within the Heritage Area; and\n (5) for any year in which Federal funds have been provided \n to implement the management plan under subsection (b)--\n (A) conduct public meetings at least annually \n regarding the implementation of the management plan;\n (B) submit an annual report to the Secretary \n setting forth accomplishments, expenses and income, and \n each person to which any grant was made by the \n management entity in the year for which the report is \n made; and\n (C) require, for all agreements entered into by the \n management entity authorizing expenditure of Federal \n funds by any other person, that the person making the \n expenditure make available to the management entity for \n audit all records pertaining to the expenditure of such \n funds.\n (e) Prohibition on the Acquisition of Real Property.--The \nmanagement entity may not use Federal funds received under this Act to \nacquire real property or an interest in real property.\n\nSEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.\n\n (a) Technical and Financial Assistance.--\n (1) In general.--\n (A) Overall assistance.--The Secretary may, upon \n the request of the management entity, and subject to \n the availability of appropriations, provide technical \n and financial assistance to the management entity to \n carry out its duties under this Act, including updating \n and implementing a management plan that is submitted \n under section 5(b) and approved by the Secretary and, \n prior to such approval, providing assistance for \n initiatives.\n (B) Other assistance.--If the Secretary has the \n resources available to provide technical assistance to \n the management entity to carry out its duties under \n this Act (including updating and implementing a \n management plan that is submitted under section 5(b) \n and approved by the Secretary and, prior to such \n approval, providing assistance for initiatives), upon \n the request of the management entity the Secretary \n shall provide such assistance on a reimbursable basis. \n This subparagraph does not preclude the Secretary from \n providing nonreimbursable assistance under subparagraph \n (A).\n (2) Priority.--In assisting the management entity, the \n Secretary shall give priority to actions that assist in the--\n (A) implementation of the management plan;\n (B) provision of educational assistance and advice \n regarding land and water management techniques to \n conserve the significant natural resources of the \n region;\n (C) development and application of techniques \n promoting the preservation of cultural and historic \n properties;\n (D) preservation, restoration, and reuse of \n publicly and privately owned historic buildings;\n (E) design and fabrication of a wide range of \n interpretive materials based on the management plan, \n including guide brochures, visitor displays, audio-\n visual and interactive exhibits, and educational \n curriculum materials for public education; and\n (F) implementation of initiatives prior to approval \n of the management plan.\n (3) Documentation of structures.--The Secretary, acting \n through the Historic American Building Survey and the Historic \n American Engineering Record, shall conduct studies necessary to \n document the industrial, engineering, building, and \n architectural history of the Heritage Area.\n (b) Approval and Disapproval of Management Plans.--The Secretary, \nin consultation with the Governor of Pennsylvania, shall approve or \ndisapprove a management plan submitted under this Act not later than 90 \ndays after receiving such plan. In approving the plan, the Secretary \nshall take into consideration the following criteria:\n (1) The extent to which the management plan adequately \n preserves and protects the natural, cultural, and historical \n resources of the Heritage Area.\n (2) The level of public participation in the development of \n the management plan.\n (3) The extent to which the board of directors of the \n management entity is representative of the local government and \n a wide range of interested organizations and citizens.\n (c) Action Following Disapproval.--If the Secretary disapproves a \nmanagement plan, the Secretary shall advise the management entity in \nwriting of the reasons for the disapproval and shall make \nrecommendations for revisions in the management plan. The Secretary \nshall approve or disapprove a proposed revision within 90 days after \nthe date it is submitted.\n (d) Approving Changes.--The Secretary shall review and approve \namendments to the management plan under section 5(b) that make \nsubstantial changes. Funds appropriated under this Act may not be \nexpended to implement such changes until the Secretary approves the \namendments.\n (e) Effect of Inaction.--If the Secretary does not approve or \ndisapprove a management plan, revision, or change within 90 days after \nit is submitted to the Secretary, then such management plan, revision, \nor change shall be deemed to have been approved by the Secretary.\n\nSEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.\n\n Any Federal entity conducting or supporting activities directly \naffecting the Heritage Area shall--\n (1) consult with the Secretary and the management entity \n with respect to such activities;\n (2) cooperate with the Secretary and the management entity \n in carrying out their duties under this Act and, to the maximum \n extent practicable, coordinate such activities with the \n carrying out of such duties; and\n (3) to the maximum extent practicable, conduct or support \n such activities in a manner that the management entity \n determines shall not have an adverse effect on the Heritage \n Area.\n\nSEC. 8. SUNSET.\n\n The Secretary may not make any grant or provide any assistance \nunder this Act after the expiration of the 15-year period beginning on \nthe date that funds are first made available for this Act.\n\nSEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE \n PROPERTY.\n\n (a) Notification and Consent of Property Owners Required.--No \nprivately owned property shall be preserved, conserved, or promoted by \nthe management plan for the Heritage Area until the owner of that \nprivate property has been notified in writing by the management entity \nand has given written consent for such preservation, conservation, or \npromotion to the management entity.\n (b) Landowner Withdraw.--Any owner of private property included \nwithin the boundary of the Heritage Area shall have their property \nimmediately removed from the boundary by submitting a written request \nto the management entity.\n\nSEC. 10. PRIVATE PROPERTY PROTECTION.\n\n (a) Access to Private Property.--Nothing in this Act shall be \nconstrued to--\n (1) require any private property owner to allow public \n access (including Federal, State, or local government access) \n to such private property; or\n (2) modify any provision of Federal, State, or local law \n with regard to public access to or use of private property.\n (b) Liability.--Designation of the Heritage Area shall not be \nconsidered to create any liability, or to have any effect on any \nliability under any other law, of any private property owner with \nrespect to any persons injured on such private property.\n (c) Recognition of Authority To Control Land Use.--Nothing in this \nAct shall be construed to modify the authority of Federal, State, or \nlocal governments to regulate land use.\n (d) Participation of Private Property Owners in Heritage Area.--\nNothing in this Act shall be construed to require the owner of any \nprivate property located within the boundaries of the Heritage Area to \nparticipate in or be associated with the Heritage Area.\n (e) Effect of Establishment.--The boundaries designated for the \nHeritage Area represent the area within which Federal funds \nappropriated for the purpose of this Act may be expended. The \nestablishment of the Heritage Area and its boundaries shall not be \nconstrued to provide any nonexisting regulatory authority on land use \nwithin the Heritage Area or its viewshed by the Secretary, the National \nPark Service, or the management entity.\n\nSEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.\n\n Nothing in this Act shall preclude the management entity from using \nFederal funds available under Acts other than this Act for the purposes \nfor which those funds were authorized.\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act--\n (1) not more than $1,000,000 for any fiscal year; and\n (2) not more than a total of $10,000,000.\n (b) 50 Percent Match.--Financial assistance provided under this Act \nmay not be used to pay more than 50 percent of the total cost of any \nactivity carried out with that assistance.\n\n\n\n\n ","summary":"Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc. to be the management entity for the Area. Directs such entity to: (1) prepare and implement a management plan for the Area, which shall be approved or disapproved by the Secretary of the Interior. (2) assist local governments, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits, developing recreational resources, and restoring historic buildings in the Area. And (3) encouraging economic viability in the Area. Prohibits such entity from using Federal funds under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to such entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area. Prohibits any privately owned property from being preserved, conserved, or promoted by the management plan until the owner has been notified and has consented. Requires removal of private property from Area boundaries upon the owner's request. Authorizes appropriations. Limits the Federal assistance match to 50 percent of any activity's total cost.","title":"To establish the Oil Region National Heritage Area.","text_len":19225,"sum_len":1380} {"bill_id":"110_hr5102","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Our Nation's Trade, Infrastructure, \nMobility, and Efficiency Act of 2007'' or the ``ON TIME Act of 2007''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The growth in international trade, particularly \n containerized trade, is placing pressure on the nation's \n transportation network and influences traffic congestion in the \n areas surrounding the major United States-international \n gateways.\n (2) From 2000 to 2005, the value of international trade \n rose from approximately $2,000,000,000,000 to \n $2,600,000,000,000, while the number of containerized trade \n shipments rose over the same period from approximately \n 59,000,000 20-foot equivalent units to 81,000,000 20-foot \n equivalent units.\n (3) Existing trade agreements, in addition to potential \n future agreements, foreshadow an even greater increase in \n international trade and further increases of freight shipments \n congestion.\n (4) In addition to being a member of the World Trade \n Organization, the United States has agreed to 11 free trade \n agreements and is in various stages of negotiation with 4 \n different countries and multi-lateral organizations with \n regards to other potential free trade agreements.\n (5) Traffic congestion continues to worsen in United States \n cities of all sizes, causing Americans to waste 4,200,000,000 \n hours in traffic and to purchase an extra 2,900,000,000 gallons \n of fuel for a congestion cost of $78,000,000,000 per year.\n (6) More than 200 freight bottlenecks are costing the goods \n movement industry $8,000,000,000 in economic losses annually \n and 243,000,000 hours of delay and lost productivity each year.\n (7) To simply maintain the current conditions and traffic \n levels of service of our transportation system, all levels of \n government must have invested $235,000,000,000 in 2006 and must \n invest $304,000,000,000 in 2015 and $472,000,000,000 in 2030.\n (8) To improve the current conditions and traffic levels of \n service of our transportation system to a level that benefits \n the Nation's economic productivity, all levels of government \n must have invested $288,000,000,000 in 2006 and must invest \n $368,000,000,000 in 2015 and $561,000,000,000 in 2030.\n (b) Purposes.--The purposes of this Act are to--\n (1) address major transportation investment needs in \n national trade gateway corridors;\n (2) reduce freight congestion along current and future \n trade corridors and provide congestion mitigation along surface \n transportation routes that are or will be congested as a result \n of current or future growth in international trade; and\n (3) develop corridors that will increase freight \n transportation system reliability and enhance the quality of \n life for United States citizens.\n\nSEC. 3. ESTABLISHMENT AND COLLECTION OF NATIONAL TRADE GATEWAY CORRIDOR \n FEE.\n\n (a) Import Fee.--\n (1) Establishment.--Not later than 180 days after the date \n of enactment of this Act, the Secretary of Transportation shall \n issue regulations that establish a national trade gateway \n corridor fee on each article that is imported into the United \n States in commerce.\n (2) Amount.--\n (A) In general.--The amount of the fee on each \n article that is imported into the United States in \n commerce shall be equal to .075 percent of the value of \n the article that is subject to the fee or $500, \n whichever is less.\n (B) Value defined.--For purposes of subparagraph \n (A), the term ``value'' has the meaning given the term \n in section 402 of the Tariff Act of 1930 (19 U.S.C. \n 1401a).\n (3) Collection.--The Secretary of Transportation, in \n consultation with the Secretary of Homeland Security, shall \n assess and collect the fee for carrying out eligible projects \n in the transportation trade corridors for the Customs port of \n unloading of the article that is imported into the United \n States in commerce.\n (4) Deposit.--Amounts received by the United States in the \n form of the fee shall be deposited in the account established \n by subsection (c).\n (5) Termination of fee.--The fee established under this \n subsection shall not apply after the expiration of fiscal year \n 2017.\n (b) Export Fee.--\n (1) Establishment.--The Secretary of Transportation, in \n consultation with the Secretary of Homeland Security and the \n Secretary of Commerce, shall issue regulations that establish a \n national trade gateway corridor fee on each article that \n exported from the United States in commerce.\n (2) Amount.--\n (A) In general.--The amount of the fee on each \n article that is exported from the United States in \n commerce shall be equal to .075 percent of the value of \n the article that is subject to the fee or $500, \n whichever is less.\n (B) Value defined.--For purposes of subparagraph \n (A), the term ``value'' has the meaning given the term \n in section 30.7(q) of title 15, Code of Federal \n Regulations.\n (3) Collection.--The Secretary of Transportation, in \n consultation with the Secretary of Homeland Security and the \n Secretary of Commerce, shall assess and collect the fee for \n carrying out eligible projects in the transportation trade \n corridors for the Customs port of loading of the article that \n is exported from the United States in commerce.\n (4) Deposit.--Amounts received by the United States in the \n form of the fee shall be deposited in the account established \n by subsection (c).\n (5) Termination of fee.--The fee established under this \n subsection shall not apply after the expiration of fiscal year \n 2017.\n (c) Account.--\n (1) Establishment.--There is established in the Treasury a \n separate account for the deposit of fees under this section, \n which shall be known as the ``National Trade Gateway Corridor \n Fund''.\n (2) Contents.--The account shall consist of amounts \n deposited into the account under subsections (a) and (b).\n (3) Use.--Amounts in the account shall be available to the \n Secretary of Transportation, as provided in appropriations Acts \n enacted after the date of the enactment of this Act, for making \n expenditures before October 1, 2018, to meet the obligations of \n the United States to carry out this Act.\n\nSEC. 4. APPORTIONMENT OF FUNDS.\n\n (a) Administrative Expenses.--The Secretary of Transportation shall \nset aside 2 percent of the amount authorized to be appropriated, from \nthe National Trade Gateway Corridor Fund established by section 3(c), \nto carry out this Act for each fiscal year to pay the cost of \ncollecting fees on imports and exports under section 3.\n (b) Apportionment.--\n (1) In general.--After the set-aside under subsection (a), \n the Secretary shall apportion amounts remaining available of \n the amount authorized to be appropriated, from the National \n Trade Gateway Corridor Fund established by section 3, for a \n fiscal year to carry out this Act to State departments of \n transportation in the form of grants for carrying out eligible \n projects in the transportation trade corridors for the Customs \n ports of entry with respect to which fees were collected under \n section 3 in the preceding fiscal year in the ratio that--\n (A) the amount the fees collected for each Customs \n port of entry under section 3 during the preceding \n fiscal year; bears to\n (B) the aggregate amount of fees collected for all \n Customs ports of entry under section 3 during the \n preceding fiscal year.\n (2) Corridor to more than one state.--If a transportation \n trade corridor is within the boundaries of more than one State, \n the Secretary shall apportion the funds apportioned under \n paragraph (1) for carrying out eligible projects in such \n corridor among such States as follows:\n (A) 50 percent of the apportionment in the ratio \n that--\n (i) the total lane miles of Federal-aid \n highways in the transportation trade corridor \n in each of such States; bears to\n (ii) the total lane miles of Federal-aid \n highways in the transportation trade corridor \n in all of such States.\n (B) 50 percent of the apportionments in the ratio \n that--\n (i) the total vehicle miles traveled on \n lanes on Federal-aid highways in the \n transportation trade corridor in each of such \n States; bears to\n (ii) the total vehicle miles traveled on \n lanes on Federal-aid highways in the \n transportation trade corridor in all of such \n States.\n (3) Period of availability.--Amounts granted to a State \n department of transportation for carrying out an eligible \n project in a transportation trade corridor from amounts \n apportioned under this subsection shall remain available for \n obligation for a period of 6 years after the last day of the \n fiscal year for which the funds are authorized to be \n appropriated. Any amounts so apportioned that remain \n unobligated at the end of that period shall be allocated to \n other States for the purpose of funding eligible projects \n located in transportation trade corridors at the discretion of \n the Secretary.\n\nSEC. 5. PROJECT SELECTION AND ELIGIBILITY.\n\n (a) Selection Process Guidelines.--Not later than 180 days after \nthe date of enactment of this Act, the Secretary of Transportation \nshall issue project selection guidelines for a State department of \ntransportation to follow in selecting eligible projects for which \ngrants may be made under this Act.\n (b) Minimum Requirements.--The selection guidelines issued by the \nSecretary under this section shall include a requirement that a State \ndepartment of transportation--\n (1) consult with local governments, port authorities, \n regional planning organizations, public and private freight \n shippers, and providers of freight transportation services \n during the project selection process;\n (2) adhere to applicable metropolitan and statewide \n planning processes, including sections 134 and 135 of title 23, \n United States Code, in selecting projects for which grants may \n be made under this Act;\n (3) develop and implement a selection process that is in \n writing and available to the public;\n (4) develop and implement a process for rating proposed \n projects for which grants may be made under this Act in \n accordance with the purposes of this Act; and\n (5) clearly identify the basis for rating projects under \n the ratings process the State department of transportation \n developed under paragraph (4).\n\nSEC. 6. GRANT PROGRAM.\n\n (a) In General.--The Secretary of Transportation may make a grant \nunder this Act to a State department of transportation having \njurisdiction over an area located in a transportation trade corridor.\n (b) Secretarial Approval.--A grant may only be made under this Act \nfor an eligible project.\n (c) Construction Standards.--A project to be carried out with \nassistance under this Act that is for a highway that is on a Federal-\naid system (as defined in section 101 of title 23, United States Code) \nshall be constructed to the same standards that would apply if such \nproject was being carried out with assistance under chapter 1 of title \n23, United States Code.\n (d) Federal Share.--\n (1) In general.--The Federal share of the cost of an \n eligible project for which a grant is made under this Act shall \n be 80 percent.\n (2) Non-federal share.--The non-Federal share of the cost \n of an eligible project for which a grant is made under this Act \n may not be provided from Federal funds made available under any \n other law (including funds from the Highway Trust Fund).\n (e) Prevailing Rate of Wage.--Section 113 of title 23, United \nStates Code, shall apply to an eligible project being carried out with \nassistance provided under this section in the same manner and to the \nsame extent as such would apply if such project was being carried out \nwith assistance provided under chapter 1 of such title.\n\nSEC. 7. TRANSPORTATION TRADE CORRIDORS.\n\n (a) Establishment.--The Secretary of Transportation, in \nconsultation with the Secretary of Commerce, shall establish--\n (1) a transportation trade corridor for each Customs port \n of entry, for which fees were collected under section 3 in the \n preceding fiscal year, in accordance with subsection (b); and\n (2) the boundaries of the transportation trade corridor for \n such port of entry.\n (b) Criteria for Establishment of Corridors.--A transportation \ntrade corridor--\n (1) may include areas in more than one State if the States \n are contiguous;\n (2) may not extend more than 300 miles from the Customs \n port of entry for which it is established; and\n (3) may only include areas that are used for motor vehicle \n and cargo movements related to international trade.\n (c) Multiple Ports of Entry.--The Secretary of Transportation may \nestablish under this section a single transportation trade corridor for \nmultiple ports of entry located in close proximity to one another.\n (d) Deadline for Establishment of Proposed Corridors.--Not later \nthan 180 days after the date of enactment of this Act, the Secretary of \nTransportation shall publish in the Federal Register the boundaries of \nthe transportation trade corridors the Secretary proposes to establish \nunder this section.\n (e) Comment Period.--The Secretary of Transportation shall provide \na period of 45 days for comments to be made to the Secretary by the \npublic, and for holding such hearings as the Secretary determines are \nappropriate to receive comments, concerning the boundaries of the \ntransportation trade corridors proposed by the Secretary under \nsubsection (c).\n (f) Deadline for Establishment of Final Corridors.--Not later than \none year after date of enactment of this Act, the Secretary of \nTransportation shall publish in the Federal Register the boundaries of \nthe transportation trade corridors the Secretary is establishing under \nthis section.\n (g) Periodic Reviews and Modifications.--During 60-day period \nending on September 30 before each fiscal year after the first fiscal \nyear for which funds are authorized to be appropriated to carry out \nthis Act, the Secretary of Transportation may conduct such reviews, \nhold such hearings, and take such other actions as may be necessary to \nensure that--\n (1) there is a transportation trade corridor for each \n Customs port of entry for which fees were collected under \n section 3 in the preceding fiscal year; and\n (2) the boundaries of such corridor are appropriate to \n carry out the objectives of this Act.\n\nSEC. 8. REGULATIONS.\n\n Not later than one year after date of enactment of this Act, the \nSecretary of Transportation shall issue regulations to carry out the \nobjectives of this Act.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated from the \nNational Trade Gateway Corridor Fund established by section 3 to carry \nout this Act for each of fiscal years 2009 through 2018 such sums as \nwere deposited in the Fund during the preceding fiscal year under \nsection 3.\n (b) Date Available for Obligation.--Authorizations from the \nseparate account to carry out this Act shall be available for \nobligation on October 1 of the fiscal year for which they are \nauthorized.\n (c) Grants as Contractual Obligations.--A grant for a highway \nproject under this Act that is approved by the Secretary is a \ncontractual obligation of the Government to pay the Federal share of \nthe cost of the project.\n\nSEC. 10. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Eligible project.--The term ``eligible project'' \n means--\n (A) a project or activity eligible for assistance \n under chapter 1 of title 23, United States Code; and\n (B) a project for construction of or improvements \n to a publicly owned intermodal freight transfer \n facility, for providing access to such a facility, or \n for making operational improvements to such a facility \n (including capital investment for an intelligent \n transportation system); except that a project located \n within the boundaries of a port terminal shall only \n include the surface transportation infrastructure \n modifications necessary to facilitate direct intermodal \n interchange, transfer, and access into and out of the \n port.\n (2) Federal-aid highway.--The term ``Federal-aid highway'' \n has the meaning such term has under section 101 of title 23, \n United States Code.\n (3) State.--The term ``State'' means any of the 50 States, \n the District of Columbia, and Puerto Rico.\n (4) State department of transportation.--The term ``State \n department of transportation'' has the meaning such term has \n under section 101 of title 23, United States Code.\n (5) United states.--The term ``United States'' means the 50 \n States, the District of Columbia, and Puerto Rico.","summary":"Our Nation's Trade, Infrastructure, Mobility, and Efficiency Act of 2007 or the ON TIME Act of 2007 - Declares that it is the purpose of this Act to: (1) address major transportation investment needs in national trade gateway corridors. (2) reduce freight congestion along current and future trade corridors along surface transportation routes that are or will be congested as a result of current or future growth in international trade. And (3) develop corridors that will increase freight transportation system reliability. Directs the Secretary of Transportation (Secretary) to assess and collect a national trade gateway corridor fee on each article imported into, and exported from, the United States. Requires collected fees to be deposited in the National Trade Gateway Corridor Fund for projects in the transportation trade corridors for the Customs port of unloading of imported, or loading of exported, articles. Sets forth requirements with respect to: (1) the allocation of Fund amounts in the form of grants to state departments of transportation to carry out eligible projects in the corridors for the Customs ports of entry. And (2) project selection and eligibility. Requires the Secretary to establish a transportation trade corridor for each Customs port of entry where fees are collected.","title":"To direct the Secretary of Transportation to establish and collect a fee based on the fair market value of articles imported into the United States and articles exported from the United States in commerce and to use amounts collected from the fee to make grants to carry out certain transportation projects in the transportation trade corridors for which the fee is collected, and for other purposes.","text_len":19032,"sum_len":1307} {"bill_id":"110_hr5562","text":"SECTION 1. NATIONAL GUARD SUPPORT FOR BORDER CONTROL ACTIVITIES.\n\n (a) Operation Jump Start.--\n (1) In general.--Not fewer than 6,000 National Guard \n personnel shall continue to be deployed along the international \n border between the United States and Mexico under Operation \n Jump Start until the date on which the Federal Government has \n achieved operational control of such border (as defined in \n section 2(b) of the Secure Fence Act of 2006 (Public Law 109-\n 367)).\n (2) Exemption.--National Guard personnel deployed pursuant \n to paragraph (1) shall not be included in the calculation to \n determine compliance with--\n (A) limits on end strength; or\n (B) limits on the number of National Guard personal \n that may be placed on active duty for operational \n support.\n (b) Support Authorized.--Chapter 1 of title 32, United States Code, \nis amended by inserting after section 112 the following:\n``Sec. 112a. Border control activities\n ``(a) Funding Assistance.--The Secretary of Defense may provide \nfunds to the Governor of a State who submits to the Secretary a State \nborder control activities plan satisfying the requirements of \nsubsection (c). Such funds shall be used for the following:\n ``(1) The pay, allowances, clothing, subsistence, \n gratuities, travel, and related expenses, as authorized by \n State law, of personnel of the National Guard of that State \n used, while not in Federal service, for the purpose of border \n control activities.\n ``(2) The operation and maintenance of the equipment and \n facilities of the National Guard of that State used for the \n purpose of border control activities.\n ``(3) The procurement of services and equipment, and the \n leasing of equipment, for the National Guard of that State used \n for the purpose of border control activities. However, the use \n of such funds for the procurement of equipment may not exceed \n $5,000 per item, unless approval for procurement of equipment \n in excess of that amount is granted in advance by the Secretary \n of Defense.\n ``(b) Use of Personnel Performing Full-Time National Guard Duty.--\n(1) Under regulations prescribed by the Secretary of Defense, personnel \nof the National Guard of a State may, in accordance with the State \nborder control activities plan referred to in subsection (c), be \nordered to perform full-time National Guard duty under section 502(f) \nof this title for the purpose of carrying out border control \nactivities.\n ``(2)(A) A member of the National Guard serving on full-time \nNational Guard duty under orders authorized under paragraph (1) shall \nparticipate in the training required under section 502(a) of this title \nin addition to the duty performed for the purpose authorized under that \nparagraph. The pay, allowances, and other benefits of the member while \nparticipating in the training shall be the same as those to which the \nmember is entitled while performing duty for the purpose of carrying \nout border control activities. The member is not entitled to additional \npay, allowances, or other benefits for participation in training \nrequired under section 502(a)(1) of this title.\n ``(B) Appropriations available for the Department of Defense for \nhomeland defense may be used for paying costs associated with a \nmember's participation in training described in subparagraph (A). The \nappropriation shall be reimbursed in full, out of appropriations \navailable for paying those costs, for the amounts paid. Appropriations \navailable for paying those costs shall be available for making the \nreimbursements.\n ``(C) To ensure that the use of units and personnel of the National \nGuard of a State pursuant to a State border control activities plan \ndoes not degrade the training and readiness of such units and \npersonnel, the following requirements shall apply in determining the \nborder control activities that units and personnel of the National \nGuard of a State may perform:\n ``(i) The performance of the activities may not adversely \n affect the quality of that training or otherwise interfere with \n the ability of a member or unit of the National Guard to \n perform the military functions of the member or unit.\n ``(ii) National Guard personnel will not degrade their \n military skills as a result of performing the activities.\n ``(iii) The performance of the activities will not result \n in a significant increase in the cost of training.\n ``(iv) In the case of border control activities performed \n by a unit organized to serve as a unit, the activities will \n support valid unit training requirements.\n ``(c) Plan Requirements.--A State border control activities plan \nshall--\n ``(1) specify how personnel of the National Guard of that \n State are to be used in border control activities in support of \n the mission of the United States Customs and Border Protection \n of the Department of Homeland Security;\n ``(2) certify that those operations are to be conducted at \n a time when the personnel involved are not in Federal service;\n ``(3) certify that participation by National Guard \n personnel in those operations is service in addition to \n training required under section 502 of this title;\n ``(4) certify that any engineer-type activities (as defined \n by the Secretary of Defense) under the plan will be performed \n only by units and members of the National Guard;\n ``(5) include a certification by the Attorney General of \n the State (or, in the case of a State with no position of \n Attorney General, a civilian official of the State equivalent \n to a State attorney general) that the use of the National Guard \n of the State for the activities proposed under the plan is \n authorized by, and is consistent with, State law; and\n ``(6) certify that the Governor of the State or a civilian \n law enforcement official of the State designated by the \n Governor has determined that any activities included in the \n plan that are carried out in conjunction with Federal law \n enforcement agencies serve a State law enforcement purpose.\n ``(d) Examination of Plan.--Before funds are provided to the \nGovernor of a State under this section and before members of the \nNational Guard of that State are ordered to full-time National Guard \nduty as authorized in subsection (b), the Secretary of Defense shall, \nin consultation with the Secretary of Homeland Security, examine the \nadequacy of the plan submitted by the Governor under subsection (c). \nThe plan as approved by the Secretary of Defense may provide for the \nuse of personnel and equipment of the National Guard of that State to \nassist United States Customs and Border Protection in the \ntransportation of aliens who have violated a Federal immigration law.\n ``(e) End Strength Limitation.--(1) Except as provided in \nparagraphs (2) and (3), at the end of a fiscal year there may not be \nmore than 6,000 members of the National Guard--\n ``(A) on full-time National Guard duty under section 502(f) \n of this title to perform border control activities pursuant to \n an order to duty; or\n ``(B) on duty under State authority to perform border \n control activities pursuant to an order to duty with State pay \n and allowances being reimbursed with funds provided under \n subsection (a)(1).\n ``(2) The Secretary of Defense may increase the end strength \nauthorized under paragraph (1) by not more than 20 percent for any \nfiscal year if the Secretary determines that such an increase is \nnecessary in the national security interests of the United States.\n ``(3) National Guard personnel deployed pursuant to paragraph (1) \nshall not be included in the calculation to determine compliance with--\n ``(A) limits on end strength; or\n ``(B) limits on the number of National Guard personal that \n may be placed on active duty for operational support.\n ``(f) Annual Report.--The Secretary of Defense shall submit to \nCongress an annual report regarding assistance provided and activities \ncarried out under this section during the preceding fiscal year. The \nreport shall include the following:\n ``(1) The number of members of the National Guard excluded \n under subsection (e) from the computation of end strengths.\n ``(2) A description of the border control activities \n conducted under State border control activities plans referred \n to in subsection (c) with funds provided under this section.\n ``(3) An accounting of the amount of funds provided to each \n State.\n ``(4) A description of the effect on military training and \n readiness of using units and personnel of the National Guard to \n perform activities under the State border control activities \n plans.\n ``(g) Statutory Construction.--Nothing in this section shall be \nconstrued as a limitation on the authority of any unit of the National \nGuard of a State, when such unit is not in Federal service, to perform \nlaw enforcement functions authorized to be performed by the National \nGuard by the laws of the State concerned.\n ``(h) Definitions.--In this section:\n ``(1) The term `border control activities', with respect to \n the National Guard of a State, means the use of National Guard \n personnel in border control activities authorized by the law of \n the State and requested by the Governor of the State in support \n of the mission of the United States Customs and Border \n Protection of the Department of Homeland Security, including \n activities as follows:\n ``(A) Construction of roads, fences, and vehicle \n barriers.\n ``(B) Search and rescue operations.\n ``(C) Intelligence gathering, surveillance, and \n reconnaissance.\n ``(D) Communications and information technology \n support.\n ``(E) Installation and operation of cameras.\n ``(F) Repair and maintenance of infrastructure.\n ``(G) Administrative support.\n ``(H) Aviation support, including maintenance.\n ``(I) Logistics support.\n ``(2) The term `Governor of a State' means, in the case of \n the District of Columbia, the Commanding General of the \n National Guard of the District of Columbia.\n ``(3) The term `State' means each of the several States, \n the District of Columbia, the Commonwealth of Puerto Rico, or a \n territory or possession of the United States.''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 1 of such title is amended by inserting after the item relating \nto section 112 the following:\n\n``112a. Border control activities.''.","summary":"Provides for continued National Guard support for border control activities along the US- Mexico border under Operation Jump Start until operational control of such border has been achieved. Authorizes the Secretary of Defense to provide funding to a state that submits to the Secretary of State a state border control activities plan that meets certain requirements. Limits the number of National Guard that may be so deployed.","title":"To authorize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes.","text_len":11386,"sum_len":428} {"bill_id":"112_hr6207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Health Task Force Act of \n2012''.\n\nSEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO \n CHILDREN.\n\n (a) Establishment.--The Secretary of Health and Human Services and \nthe Administrator of the Environmental Protection Agency, acting \njointly, shall establish and maintain a permanent task force, to be \nknown as the Task Force on Environmental Health Risks and Safety Risks \nto Children (in this Act referred to as the ``Task Force'').\n (b) Membership.--The Task Force shall be composed of the following \nofficials (or their designees):\n (1) The Secretary of Health and Human Services, who shall \n serve as a Co-Chair of the Task Force.\n (2) The Administrator of the Environmental Protection \n Agency, who shall serve as a Co-Chair of the Task Force.\n (3) The Secretary of Education.\n (4) The Secretary of Labor.\n (5) The Attorney General of the United States.\n (6) The Secretary of Energy.\n (7) The Secretary of Housing and Urban Development.\n (8) The Secretary of Agriculture.\n (9) The Secretary of Transportation.\n (10) The Secretary of Defense.\n (11) The Secretary of the Interior.\n (12) The Director of the Office of Management and Budget.\n (13) The Chair of the Council on Environmental Quality.\n (14) The Chair of the Consumer Product Safety Commission.\n (15) Such other officials of Federal departments and \n agencies as the Secretary of Health and Human Services and the \n Administrator of the Environmental Protection Agency, acting \n jointly, may designate or invite (as appropriate) to serve on \n the Task Force.\n (c) Stakeholders.--The Secretary of Health and Human Services and \nthe Administrator of the Environmental Protection Agency, acting \njointly, shall, as appropriate, invite representatives of stakeholders \nto attend meetings of the Task Force, appear before the Task Force, and \nfile statements with the Task Force, subject to such requirements as \nthe Secretary and Administrator may determine.\n (d) Functions.--The Task Force shall recommend to the President and \nthe Congress Federal strategies for addressing environmental health \nrisks and safety risks to children in the United States, within \nprojected budgetary limits, including the following:\n (1) Adoption of action plans, including multiyear and \n annual priorities, to address the principal environmental \n health risks and safety risks to children.\n (2) Initiatives that the Federal Government has undertaken \n or will undertake in addressing the principal environmental \n health risks and safety risks to children.\n (3) Recommendations on how to improve cross-agency \n implementation of actions, including cross-agency budgeting, to \n address environmental health risks and safety risks to \n children.\n (4) Recommendations for a coordinated research agenda for \n the Federal Government to address environmental health risks \n and safety risks to children.\n (5) Recommendations for appropriate partnerships among \n Federal, State, local, and tribal governments and the private, \n academic, and nonprofit sectors.\n (6) Proposed ways to enhance public outreach and \n communication to assist families in evaluating environmental \n health risks and safety risks to children and in making \n informed consumer choices.\n (7) Proposed ways to strengthen the data system in order to \n identify and track development of rulemakings and other actions \n to ensure they comply with current policy on evaluating \n environmental health risks and safety risks to children.\n (e) Reports.--\n (1) Biennial reports.--Not later than July 31, 2013, and \n biennially thereafter, the Task Force shall submit to the \n President and the Congress, make publicly available, and \n disseminate widely a report including--\n (A) the strategies developed and updated under \n subsection (d);\n (B) in the case of reports subsequent to the first \n report, a description of the accomplishments of the \n Task Force since the preceding report;\n (C) current national priorities for addressing \n environmental health risks and safety risks to children \n in the United States and any related emerging issues;\n (D) updates on Federal research findings and \n research needs regarding environmental risks and safety \n risks to children;\n (E) information submitted to the Task Force by \n Federal departments and agencies for inclusion in the \n report;\n (F) appropriate recommendations by the Children's \n Health Protection Advisory Committee; and\n (G) information submitted by stakeholders for \n inclusion in the report.\n (2) Additional reporting.--In addition to the biennial \n reports under paragraph (1), the Task Force--\n (A) may, as appropriate, submit to the President \n and the Congress such additional reports and updates as \n necessary;\n (B) shall make any such reports and updates \n publicly available; and\n (C) shall disseminate widely any such reports and \n updates.\n (f) Meetings.--\n (1) In general.--The Task Force shall meet at least \n annually.\n (2) Notice.--The Task Force shall--\n (A) publish in the Federal Register timely notice \n of each upcoming meeting of the Task Force; and\n (B) provide for other types of public notice to \n ensure that all interested persons receive timely \n notice of each upcoming meeting of the Task Force.\n (3) Minutes.--\n (A) In general.--The Task Force shall record and \n maintain detailed minutes of each meeting of the Task \n Force, including--\n (i) the meeting agenda;\n (ii) a record of the persons present;\n (iii) a complete and accurate description \n of matters discussed at the meeting and \n conclusions reached; and\n (iv) copies of all reports received, \n issued, or approved by the Task Force in \n connection with the meeting.\n (B) Public availability; copying.--The Task Force \n shall make such minutes available for public inspection \n and copying.\n (C) Accuracy.--The Co-Chairs of the Task Force \n shall certify the accuracy of all such minutes.\n (g) Termination of Existing Task Force.--The Task Force on \nEnvironmental Health Risks and Safety Risks to Children established by \nExecutive Order 13045 (April 21, 1997) is hereby terminated.\n (h) Authorization of Appropriations.--To carry out this Act, there \nare authorized to be appropriated such sums as may be necessary for \nfiscal year 2013 and each subsequent fiscal year.","summary":"Children's Health Task Force Act of 2012 - Directs the Secretary of Health and Human Services (HHS) and the Administrator of the Environmental Protection Agency establish and maintain a permanent Task Force on Environmental Health Risks and Safety Risks to Children, which shall recommend federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits. Requires such strategies to include: (1) adoption of action plans, including multiyear and annual priorities, to address the principal risks, (2) government initiatives to address such risks. (3) recommendations on how to improve cross-agency implementation of actions to address such risks. (4) recommendations for a coordinated research agenda for the government to address such risks. (5) recommendations for partnerships among federal, state, local, and tribal governments and the private, academic, and nonprofit sectors. (6) proposed ways to enhance public outreach and communication to assist families in evaluating such risks and in making informed consumer choices. And (7) proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating such risks. Directs the Task Force to submit, make publicly available, and disseminate widely a biennial report including: (1) the strategies developed and updated, (2) a description of the Task Force's accomplishments, (3) current national priorities for addressing such risks and any related emerging issues, (4) updates on federal research findings and research needs regarding such risks, (5) information submitted by federal agencies and by stakeholders for inclusion in the report, and (6) recommendations by the Children's Health Protection Advisory Committee.","title":"To provide for the establishment of the Task Force on Environmental Health Risks and Safety Risks to Children.","text_len":7679,"sum_len":1862} {"bill_id":"115_s1069","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medical Device Safety Monitoring \nAct''.\n\nSEC. 2. DEVICE PILOT PROJECTS.\n\n (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360i) is amended by adding at the end the \nfollowing:\n ``(i) Pilot Projects.--\n ``(1) In general.--In order to provide timely and reliable \n information on the safety and effectiveness of cleared or \n approved devices, including responses to adverse events and \n malfunctions, and to advance the objectives of part 803 of \n title 21, Code of Federal Regulations (or successor \n regulations), and advance the objectives of, and evaluate \n innovative new methods of compliance with, this section and \n section 522, the Secretary shall, within one year of the date \n of enactment of this subsection, initiate one or more pilot \n projects for voluntary participation by a manufacturer or \n manufacturers of device or device type, or continue existing \n projects in accordance with paragraph (3), that meet all of the \n following requirements:\n ``(A) Are designed to efficiently generate reliable \n and timely safety and active surveillance data for use \n by the Secretary or manufacturers of the devices that \n are involved in the pilot project.\n ``(B) Inform the development of methods, systems, \n data criteria, and programs that could be used to \n support safety and active surveillance activities for \n devices not included in such project.\n ``(C) Are designed and conducted in coordination \n with a comprehensive system for evaluating medical \n device technology that operates under a governing board \n with appropriate representation of stakeholders, \n including consumer groups and device manufacturers.\n ``(D) Use electronic health data including claims \n data, patient survey data, and any other data, as the \n Secretary determines appropriate.\n ``(E) Prioritize devices and device types that meet \n one or more of the following criteria:\n ``(i) Devices and device types for which \n the collection and analysis of real world \n evidence regarding a device's safety and \n effectiveness is likely to advance public \n health.\n ``(ii) Devices and device types that are \n widely used.\n ``(iii) Devices and device types, the \n failure of which has significant health \n consequences.\n ``(iv) Devices and device types for which \n the Secretary has received public \n recommendations in accordance with paragraph \n (2)(B) and has determined to meet one of the \n criteria under clauses (i) through (iii) and is \n appropriate for a project under this \n subsection.\n ``(2) Participation.--The Secretary shall establish the \n conditions and processes for--\n ``(A) authorizing voluntary participation of a \n manufacturer of a device in the pilot project described \n in paragraph (1); and\n ``(B) facilitating public recommendations for \n devices to be prioritized under the pilot project \n described in paragraph (1), including requirements for \n the data necessary to support such recommendation.\n ``(3) Implementation.--The Secretary may satisfy the \n requirements of paragraphs (1) and (2) by continuing or \n expanding existing projects, or by beginning new projects, that \n meet the criteria of subparagraphs (A) through (E) of paragraph \n (1) or by entering into contracts, cooperative agreements, \n grants, or other appropriate agreements with public or private \n entities that have a significant presence in the United States, \n and meet the following additional conditions:\n ``(A) If such public or private entities are a \n component of another organization, the entities have \n established appropriate security measures to maintain \n the confidentiality and privacy of the data described \n in paragraph (1)(D) and the entity shall not make an \n unauthorized disclosure of such data to the other \n components of the organization in breach of such \n confidentiality and privacy requirements.\n ``(B) In the case of the termination or nonrenewal \n of such contracts, cooperative agreements, grants, or \n other appropriate agreements, the entities shall comply \n with each of the following:\n ``(i) Continue to comply with the \n confidentiality and privacy requirements under \n this subsection with respect to all data \n disclosed to the entity.\n ``(ii) Return any data disclosed to such \n entity under this subsection to which it would \n not otherwise have access or, if returning the \n data is not practicable, destroy the data.\n ``(C) Have at least one of the following \n qualifications:\n ``(i) Research, statistical, epidemiologic, \n or clinical capability and expertise to conduct \n and complete the activities under this \n subsection, including the capability and \n expertise to provide the Secretary access to \n de-identified data consistent with the \n requirements of this subsection.\n ``(ii) An information technology \n infrastructure in place to support electronic \n data and operational standards to provide \n security for such data, as appropriate.\n ``(iii) Experience with, and expertise on, \n the development of device safety and \n effectiveness research and surveillance using \n electronic health data.\n ``(iv) Other expertise which the Secretary \n determines necessary to fulfill the activities \n under this subsection.\n ``(4) Review of contract in the event of a merger or \n acquisition.--The Secretary shall review a contract with a \n qualified entity under this subsection in the event of a merger \n or acquisition of the entity in order to ensure that the \n requirements under this subsection will continue to be met.\n ``(5) Report to congress.--Not later than 18 months after \n the date of enactment of this subsection, and annually \n thereafter, the Secretary shall submit to the Committee on \n Health, Education, Labor, and Pensions of the Senate and the \n Committee on Energy and Commerce of the House of \n Representatives a report containing a description of the pilot \n projects being conducted pursuant to this subsection, including \n for each pilot project--\n ``(A) how the project is being implemented in \n accordance with paragraph (3) and the contractor or \n grantee as applicable;\n ``(B) the number of manufacturers that have agreed \n to participate;\n ``(C) the data sources used;\n ``(D) the devices or device categories involved; \n and\n ``(E) the number of patients involved.\n ``(6) Compliance with requirements for records or reports \n on devices.--The participation of a manufacturer in a pilot \n project under this subsection shall not affect the eligibility \n of such manufacturer to participate in any quarterly reporting \n program implemented under this Act. The Secretary may determine \n that, for the specified time period to be determined by the \n Secretary, a manufacturer's participation in a pilot project \n under this subsection may meet certain other requirements of \n this section or section 522 if--\n ``(A) the project has demonstrated success in \n capturing relevant adverse event information; and\n ``(B) the Secretary has established procedures for \n making adverse event and safety information collected \n from the pilot public, to the extent possible, if \n collected pursuant to this section or section 522.\n ``(7) Privacy requirements.--With respect to the pilot \n projects conducted pursuant to this subsection--\n ``(A) individual identifiable health information \n shall not be disclosed when presenting any information \n from such project; and\n ``(B) such projects shall comply with section \n 264(c) of the Health Insurance Portability and \n Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and \n sections 552 and 552a of title 5, United States Code.\n ``(8) Other compliance.--Any pilot program undertaken in \n coordination with the comprehensive system described in \n paragraph (1)(C), including pilot projects under this \n subsection, that relates to the use of real world evidence for \n devices shall comply with paragraph (1)(B), the conditions \n listed in subparagraphs (A) and (B) of paragraph (3), and \n paragraphs (4), (5), (6), and (7).\n ``(9) Sunset.--This subsection shall cease to have force or \n effect on October 1, 2022.''.\n (b) Report.--Not later than January 31, 2021, the Secretary of \nHealth and Human Services, acting through the Commissioner of Food and \nDrugs, shall conduct a review through an independent third party to \nevaluate the strengths, limitations, and appropriate use of evidence \ncollected pursuant to real world evidence pilot projects described in \nthe letters described in section 201(b) of the Medical Device User Fee \nAmendments of 2017 and subsection (i) of section 519 of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection \n(a), for informing premarket and postmarket decisionmaking for multiple \ndevice types, and to determine whether the methods, systems, and \nprograms in such pilot projects efficiently generate reliable and \ntimely evidence about the effectiveness or safety surveillance of \ndevices.","summary":"Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices.","title":"Medical Device Safety Monitoring Act","text_len":11414,"sum_len":1186} {"bill_id":"111_s1959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Fraud Enforcement Act of \n2009''.\n\nSEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD.\n\n (a) Fraud Sentencing Guidelines.--\n (1) Definition.--In this subsection, the term ``Federal \n health care offense'' has the meaning given that term in \n section 24 of title 18, United States Code, as amended by this \n Act.\n (2) Review and amendments.--Pursuant to the authority under \n section 994 of title 28, United States Code, and in accordance \n with this subsection, the United States Sentencing Commission \n shall--\n (A) review the Federal Sentencing Guidelines and \n policy statements applicable to persons convicted of \n Federal health care offenses;\n (B) amend the Federal Sentencing Guidelines and \n policy statements applicable to persons convicted of \n Federal health care offenses involving Government \n health care programs to provide that the aggregate \n dollar amount of fraudulent bills submitted to the \n Government health care program shall constitute prima \n facie evidence of the amount of the intended loss by \n the defendant; and\n (C) amend the Federal Sentencing Guidelines to \n provide--\n (i) a 2-level increase in the offense level \n for any defendant convicted of a Federal health \n care offense relating to a Government health \n care program which involves a loss of not less \n than $1,000,000 and less than $7,000,000;\n (ii) a 3-level increase in the offense \n level for any defendant convicted of a Federal \n health care offense relating to a Government \n health care program which involves a loss of \n not less than $7,000,000 and less than \n $20,000,000;\n (iii) a 4-level increase in the offense \n level for any defendant convicted of a Federal \n health care offense relating to a Government \n health care program which involves a loss of \n not less than $20,000,000; and\n (iv) if appropriate, otherwise amend the \n Federal Sentencing Guidelines and policy \n statements applicable to persons convicted of \n Federal health care offenses involving \n Government health care programs.\n (3) Requirements.--In carrying this subsection, the United \n States Sentencing Commission shall--\n (A) ensure that the Federal Sentencing Guidelines \n and policy statements--\n (i) reflect the serious harms associated \n with health care fraud and the need for \n aggressive and appropriate law enforcement \n action to prevent such fraud; and\n (ii) provide increased penalties for \n persons convicted of health care fraud offenses \n in appropriate circumstances;\n (B) consult with individuals or groups representing \n health care fraud victims, law enforcement officials, \n the health care industry, and the Federal judiciary as \n part of the review described in paragraph (2);\n (C) ensure reasonable consistency with other \n relevant directives and with other guidelines under the \n Federal Sentencing Guidelines;\n (D) account for any aggravating or mitigating \n circumstances that might justify exceptions, including \n circumstances for which the Federal Sentencing \n Guidelines, as in effect on the date of enactment of \n this Act, provide sentencing enhancements;\n (E) make any necessary conforming changes to the \n Federal Sentencing Guidelines; and\n (F) ensure that the Federal Sentencing Guidelines \n adequately meet the purposes of sentencing.\n (b) Intent Requirement for Health Care Fraud.--Section 1347 of \ntitle 18, United States Code, is amended--\n (1) by inserting ``(a)'' before ``Whoever knowingly''; and\n (2) by adding at the end the following:\n ``(b) With respect to violations of this section, a person need not \nhave actual knowledge of this section or specific intent to commit a \nviolation of this section.''.\n (c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C. \n1320a-7b) is amended by adding at the end the following new subsection:\n ``(g) In addition to the penalties provided for in this section or \nsection 1128A, a claim for items or services that are provided in \nviolation of this section constitutes a false or fraudulent claim for \npurposes of subchapter III of chapter 37 of title 31, United States \nCode.''.\n (d) Health Care Fraud Offense.--Section 24(a) of title 18, United \nStates Code, is amended--\n (1) in paragraph (1), by striking the semicolon and \n inserting ``or section 1128B of the Social Security Act (42 \n U.S.C. 1320a-7b); or''; and\n (2) in paragraph (2)--\n (A) by inserting ``1349,'' after ``1343,''; and\n (B) by inserting ``section 301 of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 331), or section 411, \n 501, or 511 of the Employee Retirement Income Security \n Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after \n ``title,''.\n\nSEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE.\n\n (a) Subpoenas Under the Health Insurance Portability and \nAccountability Act of 1996.--Section 1510(b) of title 18, United States \nCode, is amended--\n (1) in paragraph (1), by striking ``to the grand jury''; \n and\n (2) in paragraph (2)--\n (A) in subparagraph (A), by striking ``grand jury \n subpoena'' and inserting ``subpoena for records''; and\n (B) in the matter following subparagraph (B), by \n striking ``to the grand jury''.\n (b) Subpoenas Under the Civil Rights of Institutionalized Persons \nAct.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 \net seq.) is amended by inserting after section 3 the following:\n\n``SEC. 3A. SUBPOENA AUTHORITY.\n\n ``(a) Authority.--The Attorney General, or at the direction of the \nAttorney General, any officer or employee of the Department of Justice \nmay require by subpoena access to any institution that is the subject \nof an investigation under this Act and to any document, record, \nmaterial, file, report, memorandum, policy, procedure, investigation, \nvideo or audio recording, or quality assurance report relating to any \ninstitution that is the subject of an investigation under this Act to \ndetermine whether there are conditions which deprive persons residing \nin or confined to the institution of any rights, privileges, or \nimmunities secured or protected by the Constitution or laws of the \nUnited States.\n ``(b) Issuance and Enforcement of Subpoenas.--\n ``(1) Issuance.--Subpoenas issued under this section--\n ``(A) shall bear the signature of the Attorney \n General or any officer or employee of the Department of \n Justice as designated by the Attorney General; and\n ``(B) shall be served by any person or class of \n persons designated by the Attorney General or a \n designated officer or employee for that purpose.\n ``(2) Enforcement.--In the case of contumacy or failure to \n obey a subpoena issued under this section, the United States \n district court for the judicial district in which the \n institution is located may issue an order requiring compliance. \n Any failure to obey the order of the court may be punished by \n the court as a contempt that court.\n ``(c) Protection of Subpoenaed Records and Information.--Any \ndocument, record, material, file, report, memorandum, policy, \nprocedure, investigation, video or audio recording, or quality \nassurance report or other information obtained under a subpoena issued \nunder this section--\n ``(1) may not be used for any purpose other than to protect \n the rights, privileges, or immunities secured or protected by \n the Constitution or laws of the United States of persons who \n reside, have resided, or will reside in an institution;\n ``(2) may not be transmitted by or within the Department of \n Justice for any purpose other than to protect the rights, \n privileges, or immunities secured or protected by the \n Constitution or laws of the United States of persons who \n reside, have resided, or will reside in an institution; and\n ``(3) shall be redacted, obscured, or otherwise altered if \n used in any publicly available manner so as to prevent the \n disclosure of any personally identifiable information.''.\n\nSEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF \n JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE \n FRAUD.\n\n (a) Authorization.--There is authorized to be appropriated to the \nAttorney General, to remain available until expended, $20,000,000 for \neach of fiscal years 2011 through 2016 for the purposes of \ninvestigations, prosecutions, and civil or other proceedings relating \nto fraud and abuse in connection with any health care benefit program, \nas defined in section 24(b) of title 18, United States Code.\n (b) Allocations.--With respect to each of fiscal years 2011 through \n2016, the amount authorized to be appropriated under subsection (a) \nshall be allocated as follows:\n (1) For the offices of the United States attorneys, \n $10,000,000.\n (2) For the Criminal Division of the Department of Justice, \n $5,000,000.\n (3) For the Civil Division of the Department of Justice, \n $5,000,000.","summary":"Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved. Expands the definition of health care fraud to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act. Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation. Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act. Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program.","title":"A bill to improve health care fraud enforcement.","text_len":10702,"sum_len":1172} {"bill_id":"107_s1733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Name Matching for Enforcement and \nSecurity Act of 2001''.\n\nSEC. 2. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM WITH \n NAME MATCHING CAPACITY AND TRAINING.\n\n (a) Unified Electronic Data System.--Not later than 18 months after \nthe date of enactment of this Act, the Secretary of State, the Attorney \nGeneral, the Secretary of the Treasury, the Commissioner of Immigration \nand Naturalization, and the Director of Central Intelligence shall \ndevelop and implement a unified electronic data system to provide \ncurrent and immediate access to information in databases of United \nStates law enforcement agencies and the intelligence community that is \nrelevant to determine whether to issue a visa or to determine the \nadmissibility of an alien to the United States.\n (b) Name Search Capacity and Support.--\n (1) In general.--The unified electronic data system \n required by subsection (a) shall--\n (A) have the capacity to match names even when \n those names are entered and stored in different fields \n within the different databases referred to in \n subsection (a);\n (B) be searchable on a linguistically sensitive \n basis;\n (C) provide adequate user support;\n (D) be developed in consultation with private \n sector firms;\n (E) to the extent practicable, utilize commercially \n available platforms; and\n (F) be adjusted and improved, based upon experience \n with the databases and improvements in the underlying \n technologies and sciences, on a continuing basis.\n (2) Linguistically sensitive searches.--\n (A) In general.--To satisfy the requirement of \n paragraph (1)(B), the unified electronic database shall \n be searchable based on linguistically sensitive \n algorithms that--\n (i) account for variations in name formats \n and transliterations, including varied \n spellings and varied separation or combination \n of name elements, within a particular language; \n and\n (ii) incorporate advanced linguistic, \n mathematical, statistical, and anthropological \n research and methods.\n (B) Languages required.--Linguistically sensitive \n algorithms shall be developed and implemented for no \n fewer than 4 languages designated as high priorities by \n the Secretary of State, the Attorney General, and the \n Director of Central Intelligence.\n (3) Adequate user support.--To satisfy the requirement of \n paragraph (1)(C), the unified electronic data system shall \n provide--\n (A) authoritative, easily accessed information \n about the nature, structure, and likely gender of names \n in different languages, including at least those \n languages specified pursuant to paragraph (2)(B); and\n (B) a means for communication of questions to \n experts.\n (4) Interim reports.--Beginning not later than 6 months \n after the date of enactment of this Act, and every 6 months \n thereafter, the Secretary of State, the Attorney General, the \n Secretary of the Treasury, the Commissioner of Immigration and \n Naturalization, and the Director of Central Intelligence shall \n submit a report to the appropriate committees of Congress on \n their progress in implementing each requirement of this \n section.\n (5) Reports by intelligence agencies.--\n (A) Current standards.--Not later than 60 days \n after the date of enactment of this Act, the Director \n of Central Intelligence shall complete the survey and \n issue the report previously required by section 309(a) \n of the Intelligence Authorization Act for Fiscal Year \n 1998 (50 U.S.C. 403-3 note).\n (B) Guidelines.--Not later than 120 days after the \n date of enactment of this Act, the Director of \n Intelligence shall issue the guidelines and submit the \n copy of those guidelines previously required by section \n 309(b) of the Intelligence Authorization Act for Fiscal \n Year 1998 (50 U.S.C. 403-3 note).\n (6) Authorization of appropriations.--There are authorized \n to be appropriated such sums as are necessary to carry out the \n provisions of this subsection.\n (c) Consultation Requirement.--In the development and \nimplementation of the data system under this section, the Secretary of \nState, the Attorney General, the Secretary of the Treasury, the \nCommissioner of Immigration and Naturalization, and the Director of \nCentral Intelligence shall consult with the Director of the Office of \nHomeland Security, the Foreign Terrorist Tracking Task Force, United \nStates law enforcement agencies, and the intelligence community.\n (d) Technology Standard.--The data system developed and implemented \nunder this subsection, shall utilize the technology standard \nestablished pursuant to section 403(c) of the United and Strengthening \nAmerica by Providing Appropriate Tools Required to Intercept and \nObstruct Terrorism Act of 2001.\n (e) Access to Information in Data System.--Subject to subsection \n(f), information in the data system under this section shall be readily \nand easily accessible as follows:\n (1) To any Foreign Service officer responsible for the \n issuance of visas.\n (2) To any Federal agent responsible for determining the \n admissibility of an alien to the United States.\n (f) Limitation on Access.--The Secretary of State, the Attorney \nGeneral, and the Director of Central Intelligence shall establish \nprocedures to restrict access to intelligence information in the data \nsystem under this section under circumstances in which such information \nis not to be disclosed directly to Government officials under \nsubsection (e).","summary":"Name Matching for Enforcement and Security Act of 2001 - Directs the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence (DCI) to develop and implement a unified electronic data system to provide current and immediate access to information in databases of US law enforcement agencies and the intelligence community that is relevant to determine: (1) whether to issue a visa. Or (2) the admissibility of an alien to the United States. Sets forth provisions regarding name search capacity and support and languages required. Requires: (1) such officials to consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, US law enforcement agencies, and the intelligence community. And (2) the system to utilize the technology standard established pursuant to the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001. Directs that system information be readily and easily accessible to any: (1) Foreign Service officer responsible for the issuance of visas. And (2) Federal agent responsible for determining the admissibility of an alien to the United States. Requires the Secretary of State, the Attorney General, and the DCI to establish procedures to restrict access to intelligence information in the system under circumstances in which such information is not to be disclosed directly to Government officials.","title":"A bill to develop and implement a unified electronic data system to enhance access to information that is relevant to determine whether to issue a visa or admit an alien to the United States, and for other purposes.","text_len":6531,"sum_len":1545} {"bill_id":"112_s1118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FEMA Common Sense and Cost \nEffectiveness Act of 2011''.\n\nSEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES.\n\n (a) Stafford Act.--\n (1) Predisaster mitigation program.--Section 203(e) of the \n Robert T. Stafford Disaster Relief and Emergency Assistance Act \n (42 U.S.C. 5133(e)) is amended by adding at the end the \n following:\n ``(3) Construction of levees on acquired lands.--Subject to \n paragraph (4), and notwithstanding any requirement that \n property acquired or accepted under this section be dedicated \n and maintained in perpetuity as open space for the conservation \n of natural flood plain functions, if financial assistance \n provided under this section is used to acquire or accept \n property for open space purposes, the President may permit the \n construction or maintenance on the property of--\n ``(A) a levee that is federally owned and operated;\n ``(B) a permanent levee that is federally \n constructed and non-federally operated and maintained;\n ``(C) a levee--\n ``(i) that is federally constructed as a \n nonpermanent levee;\n ``(ii) that a non-Federal entity desires to \n operate and maintain as a permanent levee; and\n ``(iii) the owners of which--\n ``(I) are participating in the \n emergency response to natural disasters \n program established under section 5 of \n the Act entitled `An Act authorizing \n the construction of certain public \n works on rivers and harbors for flood \n control, and for other purposes', \n approved August 18, 1941 (33 U.S.C. \n 701n); or\n ``(II) begin participating in the \n program described in subclause (I) \n within a reasonable period of time, as \n determined by the President, after the \n date on which the levee is constructed; \n and\n ``(D) a non-Federal levee the owners of which are \n participating in the program described in subparagraph \n (C)(iii)(I).\n ``(4) Downstream communities.--The President may deny an \n application to construct or maintain a levee described in \n paragraph (3) if the levee poses a significant threat of harm \n to downstream communities.''.\n (2) Hazard mitigation grant program.--Section 404(b) of the \n Robert T. Stafford Disaster Relief and Emergency Assistance Act \n (42 U.S.C. 5170c(b)) is amended--\n (A) in paragraph (2)(B)--\n (i) in clause (i), by inserting ``except \n for the construction or maintenance of a \n structure described in clause (ii) (including a \n levee),'' before ``any property''; and\n (ii) in clause (ii)--\n (I) in subclause (II), by striking \n ``or'' at the end;\n (II) by redesignating subclause \n (III) as subclause (IV); and\n (iii) by inserting after subclause (II) the \n following:\n ``(III) subject to paragraph (5), a \n levee described in paragraph (4); or''; \n and\n (B) by adding at the end the following:\n ``(4) Levees.--A levee described in this paragraph is--\n ``(A) a levee that is federally owned and operated;\n ``(B) a permanent levee that is federally \n constructed and non-federally operated and maintained;\n ``(C) a levee--\n ``(i) that is federally constructed as a \n nonpermanent levee;\n ``(ii) that a non-Federal entity desires to \n operate and maintain as a permanent levee; and\n ``(iii) the owners of which--\n ``(I) are participating in the \n emergency response to natural disasters \n program established under section 5 of \n the Act entitled `An Act authorizing \n the construction of certain public \n works on rivers and harbors for flood \n control, and for other purposes', \n approved August 18, 1941 (33 U.S.C. \n 701n); or\n ``(II) begin participating in the \n program described in subclause (I) \n within a reasonable period of time, as \n determined by the President, after the \n date on which the levee is constructed; \n and\n ``(D) a non-Federal levee the owners of which are \n participating in the program described in subparagraph \n (C)(iii)(I).\n ``(5) Downstream communities.--The President may deny an \n application to construct or maintain a levee described in \n paragraph (4) if the levee poses a significant threat of harm \n to downstream communities.''.\n (b) Construction of Levees Under Hazard Mitigation Programs \nRelating to Floods.--\n (1) Flood mitigation assistance.--Section 1366 of the \n National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is \n amended by adding at the end the following:\n ``(n) Construction of Levees on Acquired Lands.--\n ``(1) In general.--Subject to paragraph (2), and \n notwithstanding any requirement that property acquired or \n accepted under this section be dedicated and maintained in \n perpetuity as open space for the conservation of natural flood \n plain functions, if the mitigation activities funded under \n subsection (a) include the acquisition or acceptance of \n property for open space purposes, the Administrator may permit \n the construction or maintenance on the property of--\n ``(A) a levee that is federally owned and operated;\n ``(B) a permanent levee that is federally \n constructed and non-federally operated and maintained;\n ``(C) a levee--\n ``(i) that is federally constructed as a \n nonpermanent levee;\n ``(ii) that a non-Federal entity desires to \n operate and maintain as a permanent levee; and\n ``(iii) the owners of which--\n ``(I) are participating in the \n emergency response to natural disasters \n program established under section 5 of \n the Act entitled `An Act authorizing \n the construction of certain public \n works on rivers and harbors for flood \n control, and for other purposes', \n approved August 18, 1941 (33 U.S.C. \n 701n); or\n ``(II) begin participating in the \n program described in subclause (I) \n within a reasonable period of time, as \n determined by the Administrator, after \n the date on which the levee is \n constructed; and\n ``(D) a non-Federal levee the owners of which are \n participating in the program described in subparagraph \n (C)(iii)(I).\n ``(2) Downstream communities.--The Administrator may deny \n an application to construct or maintain a levee described in \n paragraph (1) if the levee poses a significant threat of harm \n to downstream communities.''.\n (2) Grants for repetitive insurance claim properties.--\n Section 1323 of the National Flood Insurance Act of 1968 (42 \n U.S.C. 4030) is amended by adding at the end the following:\n ``(c) Construction of Levees on Acquired Lands.--\n ``(1) In general.--Subject to paragraph (2), and \n notwithstanding any requirement that property acquired or \n accepted under this section be dedicated and maintained in \n perpetuity as open space for the conservation of natural flood \n plain functions, if the mitigation activities funded under \n subsection (a) include the acquisition or acceptance of \n property for open space purposes, the Administrator may permit \n the construction or maintenance on the property of--\n ``(A) a levee that is federally owned and operated;\n ``(B) a permanent levee that is federally \n constructed and non-federally operated and maintained;\n ``(C) a levee--\n ``(i) that is federally constructed as a \n nonpermanent levee;\n ``(ii) that a non-Federal entity desires to \n operate and maintain as a permanent levee; and\n ``(iii) the owners of which--\n ``(I) are participating in the \n emergency response to natural disasters \n program established under section 5 of \n the Act entitled `An Act authorizing \n the construction of certain public \n works on rivers and harbors for flood \n control, and for other purposes', \n approved August 18, 1941 (33 U.S.C. \n 701n); or\n ``(II) begin participating in the \n program described in subclause (I) \n within a reasonable period of time, as \n determined by the Administrator, after \n the date on which the levee is \n constructed; and\n ``(D) a non-Federal levee the owners of which are \n participating in the program described in subparagraph \n (C)(iii)(I).\n ``(2) Downstream communities.--The Administrator may deny \n an application to construct or maintain a levee described in \n paragraph (1) if the levee poses a significant threat of harm \n to downstream communities.''.\n (3) Severe repetitive loss program.--Section 1361A(g) of \n the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g)) \n is amended--\n (A) in paragraph (1), by striking the period at the \n end and inserting the following: ``, including that, \n subject to paragraph (5), and notwithstanding any \n requirement that property acquired or accepted under \n this section be dedicated and maintained in perpetuity \n as open space for the conservation of natural flood \n plain functions, the Administrator may permit the \n construction or maintenance on such property of--\n ``(A) a levee that is federally owned and operated;\n ``(B) a permanent levee that is federally \n constructed and non-federally operated and maintained;\n ``(C) a levee--\n ``(i) that is federally constructed as a \n nonpermanent levee;\n ``(ii) that a non-Federal entity desires to \n operate and maintain as a permanent levee; and\n ``(iii) the owners of which--\n ``(I) are participating in the \n emergency response to natural disasters \n program established under section 5 of \n the Act entitled `An Act authorizing \n the construction of certain public \n works on rivers and harbors for flood \n control, and for other purposes', \n approved August 18, 1941 (33 U.S.C. \n 701n); or\n ``(II) begin participating in the \n program described in subclause (I) \n within a reasonable period of time, as \n determined by the Administrator, after \n the date on which the levee is \n constructed; and\n ``(D) a non-Federal levee the owners of which are \n participating in the program described in subparagraph \n (C)(iii)(I).''; and\n (B) by adding at the end the following:\n ``(5) Downstream communities.--The Administrator may deny \n an application to construct or maintain a levee described in \n paragraph (1) if the levee poses a significant threat of harm \n to downstream communities.''.\n (c) Applicability of Amendments.--The amendments made by this \nsection shall apply to all property acquired or accepted pursuant to \nsection 203 or 404 of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323, \n1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. \n4030, 4104c, and 4102a) before, on, or after the date of enactment of \nthis Act.","summary":"FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated. (2) a permanent levee that is federally constructed and nonfederally operated and maintained. (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program. And (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.","title":"A bill to authorize the construction and maintenance of levees on property acquired under hazard mitigation grant programs of the Federal Emergency Management Agency.","text_len":14919,"sum_len":1093} {"bill_id":"105_s1512","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cargo Theft Deterrence Act of \n1997''.\n\nSEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER.\n\n (a) In General.--Section 659 of title 18, United States Code, is \namended--\n (1) by striking ``with intent to convert to his own use'' \n each place that term appears;\n (2) in the first undesignated paragraph--\n (A) by inserting ``trailer,'' after \n ``motortruck,'';\n (B) by inserting ``air cargo container,'' after \n ``aircraft,''; and\n (C) by inserting ``, or from any intermodal \n container, trailer, container freight station, \n warehouse, or freight consolidation facility,'' after \n ``air navigation facility'';\n (3) in the fifth undesignated paragraph--\n (A) by striking ``one year'' and inserting ``3 \n years''; and\n (B) by adding at the end the following: \n ``Notwithstanding the preceding sentence, the court \n may, upon motion of the Attorney General, reduce any \n penalty imposed under this paragraph with respect to \n any defendant who provides information leading to the \n arrest and conviction of any dealer or wholesaler of \n stolen goods or chattels moving as or which are a part \n of or which constitute an interstate or foreign \n shipment.'';\n (4) in the penultimate undesignated paragraph, by inserting \n after the first sentence the following: ``For purposes of this \n section, goods and chattel shall be construed to be moving as \n an interstate or foreign shipment at all points between the \n point of origin and the final destination (as evidenced by the \n waybill or other shipping document of the shipment), regardless \n of any temporary stop while awaiting transshipment or \n otherwise.''; and\n (5) by adding at the end the following:\n ``It shall be an affirmative defense (on which the defendant bears \nthe burden of persuasion by a preponderance of the evidence) to an \noffense under this section that the defendant bought, received, or \npossessed the goods, chattels, money, or baggage at issue with the sole \nintent to report the matter to an appropriate law enforcement officer \nor to the owner of the goods, chattels, money, or baggage.''.\n (b) Federal Sentencing Guidelines.--Pursuant to section 994 of \ntitle 28, United States Code, the United States Sentencing Commission \nshall amend the Federal sentencing guidelines to provide a sentencing \nenhancement of not less than 2 levels for any offense under section 659 \nof title 18, United States Code, as amended by this section.\n (c) Report to Congress.--The Attorney General shall annually submit \nto Congress a report, which shall include an evaluation of law \nenforcement activities relating to the investigation and prosecution of \noffenses under section 659 of title 18, United States Code, as amended \nby this section.\n\nSEC. 3. ADVISORY COMMITTEE ON CARGO THEFT.\n\n (a) Establishment.--\n (1) In general.--There is established a Committee to be \n known as the Advisory Committee on Cargo Theft (in this section \n referred to as the ``Committee'').\n (2) Membership.--\n (A) Composition.--The Committee shall be composed \n of 6 members, who shall be appointed by the President, \n of whom--\n (i) 1 shall be an officer or employee of \n the Department of Justice;\n (ii) 1 shall be an officer or employee of \n the Department of Transportation;\n (iii) 1 shall be an officer or employee of \n the Department of the Treasury; and\n (iv) 3 shall be individuals from the \n private sector who are experts in cargo \n security.\n (B) Date.--The appointments of the initial members \n of the Committee shall be made not later than 30 days \n after the date of enactment of this Act.\n (3) Period of appointment; vacancies.--Each member of the \n Committee shall be appointed for the life of the Committee. Any \n vacancy in the Committee shall not affect its powers, but shall \n be filled in the same manner as the original appointment.\n (4) Initial meeting.--Not later than 15 days after the date \n on which all initial members of the Committee have been \n appointed, the Committee shall hold its first meeting.\n (5) Meetings.--The Committee shall meet, not less \n frequently than quarterly, at the call of the Chairperson.\n (6) Quorum.--A majority of the members of the Committee \n shall constitute a quorum, but a lesser number of members may \n hold hearings.\n (7) Chairperson.--The President shall select 1 member of \n the Committee to serve as the Chairperson of the Committee.\n (b) Duties.--\n (1) Study.--The Committee shall conduct a thorough study \n of, and develop recommendations with respect to, all matters \n relating to--\n (A) the establishment of a national computer \n database for the collection and dissemination of \n information relating to violations of section 659 of \n title 18, United States Code (as added by this Act); \n and\n (B) the establishment of an office within the \n Federal Government to promote cargo security and to \n increase coordination between the Federal Government \n and the private sector with respect to cargo security.\n (2) Report.--Not later than 1 year after the date of \n enactment of this Act, the Committee shall submit to the \n President and to Congress a report, which shall contain a \n detailed statement of results of the study and the \n recommendations of the Committee under paragraph (1).\n (c) Powers.--\n (1) Hearings.--The Committee may hold such hearings, sit \n and act at such times and places, take such testimony, and \n receive such evidence as the Committee considers advisable to \n carry out the purposes of this section.\n (2) Information from federal agencies.--The Committee may \n secure directly from any Federal department or agency such \n information as the Committee considers necessary to carry out \n the provisions of this section. Upon request of the Chairperson \n of the Committee, the head of such department or agency shall \n furnish such information to the Committee.\n (3) Postal services.--The Committee may use the United \n States mails in the same manner and under the same conditions \n as other departments and agencies of the Federal Government.\n (4) Gifts.--The Committee may accept, use, and dispose of \n gifts or donations of services or property.\n (d) Personnel Matters.--\n (1) Compensation of members.--\n (A) Non-federal members.--Each member of the \n Committee who is not an officer or employee of the \n Federal Government shall be compensated at a rate equal \n to the daily equivalent of the annual rate of basic pay \n prescribed for level IV of the Executive Schedule under \n section 5315 of title 5, United States Code, for each \n day (including travel time) during which such member is \n engaged in the performance of the duties of the \n Committee.\n (B) Federal members.--Each member of the Committee \n who is an officer or employee of the United States \n shall serve without compensation in addition to that \n received for their service as an officer or employee of \n the United States.\n (2) Travel expenses.--The members of the Committee shall be \n allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in the performance of services for the Committee.\n (3) Staff.--\n (A) In general.--The Chairperson of the Committee \n may, without regard to the civil service laws and \n regulations, appoint and terminate an executive \n director and such other additional personnel as may be \n necessary to enable the Committee to perform its \n duties. The employment of an executive director shall \n be subject to confirmation by the Committee.\n (B) Compensation.--The Chairperson of the Committee \n may fix the compensation of the executive director and \n other personnel without regard to the provisions of \n chapter 51 and subchapter III of chapter 53 of title 5, \n United States Code, relating to classification of \n positions and General Schedule pay rates, except that \n the rate of pay for the executive director and other \n personnel may not exceed the rate payable for level V \n of the Executive Schedule under section 5316 of such \n title.\n (4) Detail of government employees.--Any Federal Government \n employee may be detailed to the Committee without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status or privilege.\n (5) Procurement of temporary and intermittent services.--\n The Chairperson of the Committee may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code, at rates for individuals which do not exceed the \n daily equivalent of the annual rate of basic pay prescribed for \n level V of the Executive Schedule under section 5316 of such \n title.\n (e) Termination.--The Committee shall terminate 90 days after the \ndate on which the Committee submits the report under subsection (b)(2).\n (f) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated \n such sums as may be necessary to the Committee to carry out the \n purposes of this section.\n (2) Availability.--Any sums appropriated under the \n authorization contained in this section shall remain available, \n without fiscal year limitation, until expended.","summary":"Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense. And (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions. And (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.","title":"Cargo Theft Deterrence Act of 1997","text_len":11178,"sum_len":1847} {"bill_id":"114_s690","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local School Board Governance and \nFlexibility Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the responsibility for education resides with the \n States, which have delegated to local school boards the power \n and authority to adopt policies, establish priorities, and \n provide accountability to direct the operation of neighborhood \n schools;\n (2) local school boards are held accountable by local \n voters to represent the interests of students, parents, local \n businesses, civic organizations, taxpayers, and the community \n at large in determining, subject to State laws and policies, \n the direction, values, climate, and financial support of the \n schools in their community;\n (3) the vital national interest in local self-governance of \n local educational agencies has been weakened through Department \n of Education requirements that are either unnecessary to \n achieve the specific direction of legislation enacted by \n Congress, or that impose unnecessary limits on the flexibility \n needed by local educational agencies in order to meet local, \n State, and Federal goals in education; and\n (4) to support the local decisionmaking function of local \n educational agencies, the Secretary of Education should engage \n only in issuing regulations, rules, grant conditions, guidance \n materials, and other requirements under the jurisdiction of the \n Department that are--\n (A) specifically required to implement Federal \n legislation; and\n (B) demonstrated to be educationally, \n operationally, and financially within the capacity of \n local educational agencies to implement.\n\nSEC. 3. AUTHORITY OF THE SECRETARY.\n\n Unless specifically authorized by Federal law, the Secretary may \nnot issue a Federal regulation, rule, grant condition, guidance \nmaterial, or other requirement pertaining to a State educational agency \nor a local educational agency that--\n (1) conflicts with the power and authority of the local \n educational agency delegated by the State regarding the \n operation of the schools (including the school system's mission \n and goals, organization, local budget and budget priorities, \n education program, curriculum, or extra-curricular activities), \n student health services and safety, transportation and school \n boundaries, procurement policies, staffing and personnel \n policies, capital construction, authority to levy taxes, issue \n bonds, and acquire land, and other functions essential to the \n daily operation of the schools within the jurisdiction of the \n local educational agency;\n (2) results in additional costs to the local educational \n agency for reporting, grant administration, and general \n operations, unless fully funded from Federal funds;\n (3) conflicts with the power and authority of the local \n educational agency to determine how to engage or act upon \n community participation and advice;\n (4) imposes requirements on a local educational agency or \n State educational agency that would limit or adversely affect \n the authority of the local educational agency or State \n educational agency to function as a legislative, executive, or \n quasi-judicial agency;\n (5) conflicts with the authority of--\n (A) a State to determine the appropriate governance \n structure of--\n (i) the State educational agency; or\n (ii) the State's local educational \n agencies; or\n (B) a State educational agency or local educational \n agency to determine the appropriate governance and \n management of the schools that the State educational \n agency or local educational agency serve;\n (6) establishes reporting requirements for State \n educational agencies or local educational agencies that \n duplicate existing Federal requirements or that are issued \n without first conducting a fiscal impact statement related to \n the costs to State educational agencies or local educational \n agencies, as the case may be, including requests for data and \n recommendations from State educational agencies or local \n educational agencies and national education organizations \n consistent with the provisions of section 4(a); or\n (7) places conditions or requirements on a grant to a State \n or local educational agency that are not directly related to, \n or that do not directly support, the intent of the specific \n purpose of the grant or the legislation authorizing such grant.\n\nSEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT.\n\n (a) In General.--During each fiscal year (beginning with the fiscal \nyear following the fiscal year in which this Act is enacted), the \nSecretary of Education shall provide local educational agencies and the \nmajor national education organizations, including those representing \nlocal school boards, local school superintendents, principals, and \nteachers, a minimum of 60 days in order to provide written comments \nregarding the local impact of implementing Federal regulations, rules, \ngrant conditions, guidance materials, or other requirements for any \napplicable program or activity of the Secretary.\n (b) Report.--The Secretary of Education shall prepare and publish a \nreport based on the comments received pursuant to subsection (a), which \nshall be forwarded to the chairs and ranking members of the Education \nand Workforce Committee of the House of Representatives and the Health, \nEducation, Labor and Pensions Committee of the Senate not later than \nJuly 1 of each year and shall be simultaneously posted on the \nDepartment of Education's website.\n\nSEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS.\n\n (a) Eliminating Reporting Duplications.--Not later than 180 days \nafter the date of enactment of this Act, the Secretary of Education \nshall conduct a review of existing reporting requirements applicable to \nlocal educational agencies resulting from programs and activities under \nthe jurisdiction of the Department of Education to determine \nduplications and make modifications as necessary to eliminate such \nreporting duplications.\n (b) Prohibition.--The Secretary may not promulgate any regulation, \nrule, guidance material, grant condition, or other requirement \npertaining to a State educational agency or a local educational agency, \nwithout first taking the following actions:\n (1) Requesting data and recommendations from State \n educational agencies, local educational agencies, and the major \n national education organizations representing chief State \n school officers, local school boards, local school \n superintendents, principals, and teachers regarding the \n educational, financial, and operational costs involved for \n implementation, and publishing the data and recommendations \n provided upon issuance of such regulation, rule, guidance \n material, grant condition, or other requirement and posting \n that information on the Department of Education's website.\n (2) Verifying, based on the data set forth in paragraph \n (1), that local educational agencies will have the financial \n resources and the technical assistance such agencies may need \n to successfully implement the regulation, rule, guidance \n material, grant condition, or other requirement, including any \n Federal requirement that would extend beyond the time that \n Federal assistance is available for that purpose.\n (3) Providing State educational agencies, local educational \n agencies, and the national education organizations identified \n in paragraph (1) with not less than 60 days notice following \n the Secretary's publication of a notice of intent to issue any \n regulation, rule, guidance material, grant condition, or other \n requirement to respond, unless a shorter time period is needed \n to meet an emergency such as a declared natural disaster.\n (4) Ensuring that maximum flexibility is provided to State \n educational agencies and local educational agencies in \n implementing any regulation, rule, guidance material, grant \n condition, or other requirement.\n (c) Review and Response.--If a local educational agency or an \norganization identified in subsection (b) provides the Secretary of \nEducation with a written statement demonstrating that a regulation, \nrule, guidance material, grant condition, or other requirement does not \nmeet the substantive or procedural requirements of this Act, the \nSecretary, or the Secretary's designee, shall review the merits of that \nstatement, provide a written response within 60 days, and post that \nresponse on the Department of Education's website, including a \ndescription of what action, if any, the Secretary will take to correct \nany deficiency that the Secretary determines exists.","summary":"Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority. And (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state. Result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government. Conflict with the authority of LEAs to determine how to engage or act upon community participation and advice. Impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies. Conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed. Establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement. Or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them. Verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements. Giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies. And giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.","title":"Local School Board Governance and Flexibility Act","text_len":9546,"sum_len":3394} {"bill_id":"107_hr5432","text":"SECTION 1. SPECIAL RULES FOR EXECUTIVE PERKS AND RETIREMENT BENEFITS.\n\n (a) In General.--Part I of subchapter D of chapter 1 of the \nInternal Revenue Code of 1986 (relating to pension, profit-sharing, \nstock bonus plans, etc.) is amended by adding at the end the following \nnew subpart:\n\n ``subpart f--special rules for executive perks and retirement benefits\n\n ``Sec. 420A. Holding period requirement \n for stock acquired through \n exercise of option.\n ``Sec. 420B. Additional tax on \n nondisclosed retirement perks.\n ``Sec. 420C. Inclusion in gross income of \n funded deferred compensation of \n corporate insiders.\n ``Sec. 420D. Definitions and special \n rule.\n\n``SEC. 420A. HOLDING PERIOD REQUIREMENT FOR STOCK ACQUIRED THROUGH \n EXERCISE OF OPTION.\n\n ``(a) In General.--In the case of a corporate insider with respect \nto a corporation, the tax imposed by this chapter on a corporate \ninsider for any taxable year shall be increased by 50 percent of the \namount realized by such insider from the disqualified disposition \nduring such year of stock acquired by the corporate insider upon the \nexercise of a stock option granted by the corporation with respect to \nwhich such individual is a corporate insider.\n ``(b) Disqualified Disposition of Stock.--\n ``(1) In general.--For purposes of subsection (a), the term \n `disqualified disposition of stock' means any sale, exchange, \n or other disposition of stock which, if such stock were \n employer securities held in a qualified cash or deferred \n arrangement (as defined in section 401(k)(2)), would violate \n any restriction imposed on the sale or other disposition of \n such securities by the plan of which such arrangement is a \n part.\n ``(2) Special rule for 2 or more cash or deferred \n arrangements.--If a corporation has more than 1 qualified cash \n or deferred arrangement (as so defined), the restrictions which \n apply for purposes of paragraph (1) shall be the most \n restrictive provisions relating to the disposition of employer \n securities held pursuant to any such arrangements.\n\n``SEC. 420B. ADDITIONAL TAX ON NONDISCLOSED RETIREMENT PERKS.\n\n ``(a) In General.--In the case of a publicly traded corporation, \nthe tax imposed by this chapter for the taxable year shall be increased \nby 50 percent of the net cost to the corporation for the taxable year \nof personal perks provided to a retired executive of the corporation.\n ``(b) Waiver If Perks Provided Pursuant to Shareholder Approval.--\nSubsection (a) shall not apply with respect to any personal perks \nprovided pursuant to a contract if--\n ``(1) all of the material terms of such contract (including \n a description of the benefits to be provided to the executive \n and the extent of such benefits) are disclosed to shareholders, \n and\n ``(2) such contract is approved by a majority of the vote \n in a separate shareholder vote before any benefits are provided \n under the contract.\n ``(c) Net Cost of Personal Perks.--\n ``(1) In general.--For purposes of subsection (a), the net \n cost of personal perks provided to a retired executive is the \n excess of--\n ``(A) the cost to the corporation of such perks, \n over\n ``(B) the amount paid in cash during the taxable \n year by the executive to reimburse the corporation for \n the cost of such perks.\n ``(2) Personal perks.--For purposes of paragraph (1), the \n term `personal perks' means--\n ``(A) the use of corporate-owned property,\n ``(B) travel expenses, including meals and lodging, \n unless such expenses are directly related to the \n performance of services by the executive for the \n corporation and the business relationship of such \n expenses is substantiated under the requirements of \n section 274,\n ``(C) tickets to sporting or other entertainment \n events,\n ``(D) amounts paid or incurred for membership in \n any club organized for business, pleasure, recreation, \n or other social purpose, and\n ``(E) other personal services, including services \n related to maintenance or protection of any personal \n residence of the executive.\n ``(3) Cost relating to use of corporate-owned property.--\n For purposes of this subsection--\n ``(A) In general.--The cost taken into account with \n respect to the use of corporate-owned property shall be \n the allocable portion of the total cost of operating \n such property.\n ``(B) Allocable portion.--For purposes of \n subparagraph (A), the allocable portion of total cost \n is--\n ``(i) the portion of the total cost \n (including depreciation) incurred by the \n corporation for operating and maintaining such \n property during the corporation's taxable year \n in which such use occurred,\n ``(ii) which is allocable to the use \n (determined on the basis of the relationship of \n such use to the total use of the property \n during the taxable year).\n\n``SEC. 420C. INCLUSION IN GROSS INCOME OF FUNDED DEFERRED COMPENSATION \n OF CORPORATE INSIDERS.\n\n ``(a) In General.--If an employer maintains a funded deferred \ncompensation plan--\n ``(1) compensation of any corporate insider which is \n deferred under such funded deferred compensation plan shall be \n included in the gross income of the corporate insider or \n beneficiary for the 1st taxable year in which there is no \n substantial risk of forfeiture of the rights to such \n compensation, and\n ``(2) the tax treatment of any amount made available under \n the plan to a corporate insider or beneficiary shall be \n determined under section 72 (relating to annuities, etc.).\n ``(b) Funded Deferred Compensation Plan.--For purposes of this \nsection--\n ``(1) In general.--The term `funded deferred compensation \n plan' means any plan providing for the deferral of compensation \n unless--\n ``(A) the employee's rights to the compensation \n deferred under the plan are no greater than the rights \n of a general creditor of the employer, and\n ``(B) all amounts set aside (directly or \n indirectly) for purposes of paying the deferred \n compensation, and all income attributable to such \n amounts, remain (until made available to the \n participant or other beneficiary) solely the property \n of the employer (without being restricted to the \n provision of benefits under the plan), and\n ``(C) the amounts referred to in subparagraph (B) \n are available to satisfy the claims of the employer's \n general creditors at all times (not merely after \n bankruptcy or insolvency).\n Such term shall not include a qualified employer plan.\n ``(2) Special rules.--\n ``(A) Employee's rights.--A plan shall be treated \n as failing to meet the requirements of paragraph (1)(A) \n unless--\n ``(i) the compensation deferred under the \n plan is payable only upon separation from \n service, death, disability, or at a specified \n time (or pursuant to a fixed schedule), and\n ``(ii) the plan does not permit the \n acceleration of the time such deferred \n compensation is payable by reason of any event.\n If the employer and employee agree to a modification of \n the plan that accelerates the time for payment of any \n deferred compensation, then all compensation previously \n deferred under the plan shall be includible in gross \n income for the taxable year during which such \n modification takes effect and the taxpayer shall pay \n interest at the underpayment rate on the underpayments \n that would have occurred had the deferred compensation \n been includible in gross income on the earliest date \n that there is no substantial risk of forfeiture of the \n rights to such compensation.\n ``(B) Creditor's rights.--A plan shall be treated \n as failing to meet the requirements of paragraph (1)(B) \n with respect to amounts set aside in a trust unless--\n ``(i) the employee has no beneficial \n interest in the trust,\n ``(ii) assets in the trust are available to \n satisfy claims of general creditors at all \n times (not merely after bankruptcy or \n insolvency), and\n ``(iii) there is no factor that would make \n it more difficult for general creditors to \n reach the assets in the trust than it would be \n if the trust assets were held directly by the \n employer in the United States.\n Except as provided in regulations prescribed by the \n Secretary, such a factor shall include the location of \n the trust outside the United States.\n ``(c) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Qualified employer plan.--The term `qualified \n employer plan' means--\n ``(A) any plan, contract, pension, account, or \n trust described in subparagraph (A) or (B) of section \n 219(g)(5), and\n ``(B) any other plan of an organization exempt from \n tax under subtitle A.\n ``(2) Plan includes arrangements, etc.--The term `plan' \n includes any agreement or arrangement.\n ``(3) Substantial risk of forfeiture.--The rights of a \n person to compensation are subject to a substantial risk of \n forfeiture if such person's rights to such compensation are \n conditioned upon the future performance of substantial services \n by any individual.\n ``(4) Treatment of earnings.--Except for purposes of \n subsection (a)(1) and the last sentence of (b)(2)(A), \n references to deferred compensation shall be treated as \n including references to income attributable to such \n compensation or such income.\n\n``SEC. 420D. DEFINITIONS AND SPECIAL RULE.\n\n ``(a) Definitions.--For purposes of this subpart--\n ``(1) Corporate insider.--The term `corporate insider' \n means, with respect to a corporation, any individual--\n ``(A) who is subject to the requirements of section \n 16(a) of the Securities Exchange Act of 1934 with \n respect to such corporation, or\n ``(B) who would be subject to such requirements if \n such corporation were an issuer of equity securities \n referred to in such section.\n ``(2) Retired executive.--The term `retired executive' \n means any corporate insider who is no longer performing \n services on a substantially full time basis in the capacity \n that resulted in being subject to the requirements of section \n 16(a) of the Securities Exchange Act of 1934.\n ``(3) Publicly traded corporation.--The term `publicly \n traded corporation' means any corporation issuing any class of \n securities required to be registered under section 12 of the \n Securities Exchange Act of 1934.\n ``(4) Corporate-owned property.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the term `corporate-owned property' \n means any of the following property owned by a \n corporation--\n ``(i) planes,\n ``(ii) apartments or other residences,\n ``(iii) vacation, sports, and entertainment \n facilities, and\n ``(iv) cars.\n Such term includes any such property which is leased or \n chartered by the corporation.\n ``(B) Exceptions.--Such term does not include any \n property used directly by the corporation in providing \n transportation, lodging, or entertainment services to \n the general public.\n ``(b) Additions to Tax Not Treated As Tax for Certain Purposes.--\nThe tax imposed by sections 420A and 420B shall not be treated as a tax \nimposed by this chapter for purposes of determining--\n ``(1) the amount of any credit allowable under this \n chapter, or\n ``(2) the amount of the minimum tax imposed by section \n 55.''.\n (b) Clerical Amendment.--The table of subparts for part I of \nsubchapter D of chapter 1 of such Code is amended by adding at the end \nthe following new item:\n\n ``Subpart F. Special Rules for Executive \n Perks and Retirement \n Benefits.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect as follows:\n (1) Section 420A of the Internal Revenue Code of 1986 (as \n added by this section) shall apply to stock acquired pursuant \n to the exercise of an option after the date of the enactment of \n this Act.\n (2)(A) Except as provided by subparagraph (B), section 420B \n of such Code (as so added) shall apply to perks provided after \n the date of the enactment of this Act.\n (B) In the case of perks provided pursuant to a contract in \n existence on the date of the enactment of this Act, such \n section 420B shall apply to such perks after the date of the \n first annual shareholders meeting after the date of the \n enactment of this Act.\n (3) Section 420C of such Code (as so added) shall apply to \n amounts deferred after the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code to: (1) increase, for a corporate insider, the applicable tax by 50 percent of the amount realized by such insider from the disqualified disposition of stock acquired by such corporate insider upon the exercise of a stock option granted by the corporation. (2) increase, for a publicly traded corporation, the applicable tax by 50 percent of the net cost to the corporation of personal perks provided to a retired executive of the corporation. And (3) include in the gross income of a corporate insider funded deferred compensation.","title":"To amend the Internal Revenue Code of 1986 to require the same holding period for company stock acquired upon exercise of options as is applicable to company stock in its 401(k) plan, to require disclosure to shareholders of the amount of corporate perks provided to retired executives, and to provide parity for secured retirement benefits between the rank and file and executives.","text_len":15473,"sum_len":565} {"bill_id":"107_s2478","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear and Terrorism Threat \nReduction Act of 2002''.\n\nSEC. 2. ENHANCING THREAT REDUCTION.\n\n (a) Statement of Policy.--\n (1) It is the policy of the United States to work \n cooperatively with the Russian Federation in order to prevent \n the diversion of weapons of mass destruction and materials \n relating thereto, including nuclear, biological, and chemical \n weapons, as well as the scientific and technical expertise \n necessary to design and build weapons of mass destruction.\n (2) With respect to enhancing threat reduction, there \n should be three primary objectives, as stated in the \n President's review of 30 different United States-Russia \n cooperative programs, as follows:\n (A) To ensure that existing United States \n cooperative non-proliferation programs with the Russian \n Federation are focused on priority threat reduction and \n non-proliferation goals, and are conducted as \n efficiently and effectively as possible.\n (B) To examine what new initiatives might be \n undertaken to further United States threat reduction \n and non-proliferation goals.\n (C) To consider organizational and procedural \n changes designed to ensure a consistent and coordinated \n United States Government approach to cooperative \n programs with the Russian Federation on the reduction \n of weapons of mass destruction and prevention of their \n proliferation.\n (3) The goal of United States programs to assist the \n Russian Federation should be to have them work well, be focused \n on priority tasks, and be well managed.\n (4) In order to further cooperative efforts, the following \n key programs should be expanded:\n (A) The Department of Energy Material Protection, \n Control and Accounting (MPC&A) program to assist the \n Russian Federation secure and consolidate weapons-grade \n nuclear material.\n (B) The Department of Energy Warhead and Fissile \n Material Transparency Program.\n (C) The International Science and Technology Center \n (ISTC).\n (D) The Redirection of Biotechnical Scientists \n program.\n (E) The Department of Defense Cooperative Threat \n Reduction project to construct a chemical weapons \n destruction facility at Shchuch'ye, Russia, to enable \n its earliest completion at no increased expense.\n (5) Other programs should be adjusted, refocused, or \n reexamined, including--\n (A) approaches to the current plutonium disposition \n program in the Russian Federation, in order to make the \n program less costly and more effective;\n (B) the project to end production by the Russian \n Federation of weapons-grade plutonium, in order to \n transfer the project from the Department of Defense to \n the Department of Energy;\n (C) consolidation of the Department of Energy's \n Nuclear Cities Initiative (NCI) with the Initiative for \n Proliferation Prevention (IPP), with a focus on \n projects to assist the Russian Federation in reduction \n of its nuclear warheads complex; and\n (D) acceleration of the Department of Energy's \n Second Line of Defense program to assist the Russian \n Federation install nuclear detection equipment at \n border posts.\n (b) Increased Funding of Certain Key Programs.--In order to \nguarantee that the United States-Russia non-proliferation and threat \nreduction efforts operate as efficiently as possible, certain key \nprograms should receive additional funding above current levels, \nincluding--\n (1) the United States-Russia Highly Enriched Uranium \n Purchase Agreement;\n (2) the Second Line of Defense program;\n (3) the Initiatives for Proliferation Prevention;\n (4) the Fissile Materials Disposition program;\n (5) the Redirection of Biotechnical Scientists program;\n (6) the Department of Energy Material Protection, Control, \n and Accounting (MPC&A) program;\n (7) the International Science and Technology Center; and\n (8) the Warhead and Fissile Material Transparency program.\n (c) Report.--Not later than six months after the date of enactment \nof this Act, the President shall submit to Congress a report containing \nrecommendations on how to enhance the implementation of United States-\nRussia non-proliferation and threat reduction programs, which shall \ninclude--\n (1) recommendations on how to improve and streamline the \n contracting and procurement practices of those programs; and\n (2) a listing of impediments to the efficient and effective \n implementation of those programs.\n\nSEC. 3. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES BETWEEN THE UNITED \n STATES AND THE RUSSIAN FEDERATION ON WEAPONS-GRADE \n MATERIAL AND NUCLEAR WEAPONS.\n\n (a) Findings.--Congress finds that inventories of weapons-grade \nmaterial and warheads should be tracked in order, among other things--\n (1) to make it more likely that the Russian Federation can \n fully account for its entire inventory of weapons-grade \n material and assembled weapons; and\n (2) to make it more likely that the sources of any material \n or weapons possessed or used by any foreign state or terrorist \n organization can be identified.\n (b) Statement of Policy.--It is the policy of the United States to \nestablish jointly with the Russian Federation comprehensive inventories \nand data exchanges of Russian and United States weapons-grade material \nand assembled warheads, with particular attention to tactical, or \n``nonstrategic'' warheads, one of the most likely weapons a terrorist \norganization or terrorist state would attempt to acquire, and with \nparticular attention focused on weapons that have been removed from \ndeployment.\n (c) Assistance in Developing Comprehensive Inventories.--\nNotwithstanding any other provision of law, the United States \nGovernment shall work with the Russian Federation to develop \ncomprehensive inventories of Russian weapons-grade plutonium and highly \nenriched uranium programs and assembled warheads, with special \nattention to be focused on tactical warheads and warheads that have \nbeen removed from deployment.\n (d) Data Exchanges.--As part of this process, to the maximum extent \npracticable, without jeopardizing United States national security \ninterests, the United States is authorized to enter into ongoing data \nexchanges with the Russian Federation on categories of material and \nweapons described in subsection (c).\n (e) Report.--Not later than six months after the date of enactment \nof this Act, and annually thereafter until a comprehensive inventory is \ncreated and the information collected from the inventory exchanged \nbetween the governments of the United States and the Russian \nFederation, the President shall submit to Congress a report, in both an \nunclassified and classified form as necessary, describing the progress \nthat has been made toward that objective.\n\nSEC. 4. COMMISSION TO ASSESS THE TRANSITION FROM MUTUALLY ASSURED \n DESTRUCTION (MAD) TO MUTUALLY ASSURED SECURITY (MAS).\n\n (a) Statement of Policy.--With the end of the Cold War more than a \ndecade ago, with the United States and the Russian Federation fighting \ntogether against global terrorism, and with the Presidents of the \nUnited States and the Russian Federation agreeing to establish ``a new \nstrategic framework to ensure the mutual security of the United States \nand Russia, and the world community'', the United States and the \nRussian Federation should increase significantly their efforts to put \ndangerous and unnecessary elements of the Cold War to rest.\n (b) Establishment.--In order to assist with the policy expressed in \nsubsection (a), the President is authorized to conclude an agreement \nwith the Russian Federation for the establishment of a Joint United \nStates-Russia Commission to Assess the Transition from Mutual Assured \nDestruction (MAD) to Mutual Assured Security (MAS) (in this section \nreferred to as the ``Commission'').\n (c) Composition.--The United States delegation of the Commission \nshall consist of 13 members appointed by the President, as follows:\n (1) Three members, after consultation with the Speaker of \n the House of Representatives.\n (2) Three members, after consultation with the Majority \n Leader of the Senate.\n (3) Two members, after consultation with the Minority \n Leader of the House of Representatives.\n (4) Two members, after consultation with the Minority \n Leader of the Senate.\n (5) Two members as the President may determine.\n (d) Qualifications.--The United States members of the Commission \nshall be appointed from among private United States citizens with \nknowledge and expertise in United States-Russia strategic stability \nissues.\n (e) Chair.--The chair of the Commission should be chosen by \nconsensus from among the members of the Commission.\n (f) Russian Commission.--The President should make every effort to \nencourage the Government of the Russian Federation to appoint a Russian \nFederation delegation of the Commission that would jointly meet and \ndiscuss the issues described in subsection (g).\n (g) Duties of the Commission.--The duties of the Commission should \ninclude consideration of how--\n (1) to ensure that the reduction of strategic nuclear \n weapons announced by the United States and the Russian \n Federation in November 2001 take effect in a rapid, safe, \n verifiable and irreversible manner;\n (2) to preserve and enhance START I monitoring and \n verification mechanisms;\n (3) to develop additional monitoring and verification \n mechanisms;\n (4) to preserve the benefits of the unratified START II \n agreement, especially those measures that affect strategic \n stability;\n (5) to ensure the safety of warheads removed from \n deployment;\n (6) to safely and verifiably dismantle warheads in excess \n of the ceiling established by the President Bush at the \n November 2001 United States-Russia summit;\n (7) to begin a new high-level dialogue to discuss United \n States and Russian Federation proposals for a global and \n theater level missile defense systems;\n (8) to extend presidential decision-making time as it \n relates to nuclear weapons operations;\n (9) to improve Russian-American cooperative efforts to \n enhance strategic early warning, including but not limited to \n the Joint Data Exchange Center and the Russian-American \n Observation Satellite; and\n (10) to increase cooperation between the United States and \n the Russian Federation on the programs and activities described \n in sections 2 and 3.\n (e) Cooperation.--In carrying out its duties, the Commission should \nreceive the full and timely cooperation of United States Government \nofficials, including providing the Commission with analyses, briefings, \nand other information necessary for the fulfillment of its \nresponsibilities.\n (f) Report.--The Commission shall, not later than six months after \nthe date of its first meeting, submit to Congress an interim report on \nits findings and, not later than six months after submission of the \ninterim report, submit to Congress a final report containing its \nconclusions.","summary":"Nuclear and Terrorism Threat Reduction Act of 2002 - States the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and related materials, including nuclear, biological, and chemical weapons, as well as scientific and technical expertise necessary to design and build weapons of mass destruction. Requires the US Government to work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade material and warheads. Authorizes the President to conclude an agreement with the Russian Federation for the establishment of a joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction to Mutual Assured Security.","title":"A bill to promote enhanced non-proliferation cooperation between the United States and the Russian Federation.","text_len":12315,"sum_len":763} {"bill_id":"104_s1955","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Center for Pain Research \nAct of 1996''.\n\nSEC. 2. NATIONAL CENTER FOR PAIN RESEARCH.\n\n (a) Establishment.--Section 401(b)(2) of the Public Health Service \nAct (42 U.S.C. 281(b)(2)) is amended by adding at the end thereof the \nfollowing new subparagraph:\n ``(F) The National Center for Pain Research.''.\n (b) Operation.--Part E of title IV (42 U.S.C. 287 et seq.) is \namended by adding at the end thereof the following new subpart:\n\n ``Subpart 5--National Center for Pain Research\n\n``SEC. 485E. ESTABLISHMENT AND PURPOSE OF THE CENTER.\n\n ``(a) Establishment.--The Secretary shall establish within the \nNational Institutes of Health, a center to be known as the National \nCenter for Pain Research (hereafter referred to in this subpart as the \n`Center'). The Center shall be headed by a Director (hereafter referred \nto in this subpart as the `Director') who shall be appointed by the \nDirector of NIH, after consultation with experts in the fields of pain \nresearch and treatment representing the disciplines designated in \nsubsection (b)(3), and have the powers described in section 405.\n ``(b) General Purpose.--The general purpose of the National Center \nfor Pain Research is--\n ``(1) to improve the quality of life of individuals \n suffering from pain by fostering of clinical and basic science \n research into the causes of and effective treatments for pain;\n ``(2) to establish a national agenda for conducting and \n supporting pain research in the specific categories described \n in subparagraphs (A), (B), (C), and (D) of paragraph (3);\n ``(3) to identify, coordinate and support research, \n training, health information dissemination and related \n activities with respect to--\n ``(A) acute pain;\n ``(B) cancer and HIV-related pain;\n ``(C) back pain, headache pain, and facial pain; \n and\n ``(D) other painful conditions;\n including the biology of pain, the development of new and the \n refinement of existing pain treatments, the delivery of pain \n treatment through the health care system and the coordination \n of interdisciplinary pain management, that should be conducted \n or supported by the National Institutes of Health;\n ``(4) to conduct and support pain research, training, \n education and related activities that have been identified as \n requiring additional, special priority as determined \n appropriate by the Director of the Center and the advisory \n council established under subsection (c);\n ``(5) to coordinate all pain research, training, and \n related activities being carried out among and within the \n National Institutes of Health;\n ``(6) to initiate a comprehensive program of collaborative \n interdisciplinary research among schools, colleges and \n universities, including colleges of medicine and osteopathy, \n colleges of nursing, colleges of chiropractic who are members \n of the Association of Chiropractic Colleges, schools of \n dentistry, schools of physical therapy, schools of occupational \n therapy, and schools of clinical psychology, comprehensive \n health care centers, and specialized centers of pain research \n and treatment; and\n ``(7) to promote the sufficient allocation of the resources \n of the National Institutes of Health for conducting and \n supporting pain research in the specific categories described \n in subparagraphs (A), (B), (C), and (D) of paragraph (3).\n ``(c) Advisory Council.--\n ``(1) In general.--The National Pain Research Center \n Advisory Board shall be the advisory council for the Center. \n Section 406 applies to the advisory council established under \n this paragraph, except that--\n ``(A) the members of the advisory council shall \n include representatives of the broad range of health \n and scientific disciplines involved in research and \n treatment related to those categories of pain described \n in subsection (b)(2), and shall include an equal number \n of representatives of physicians who practice pain \n management, clinical psychologists, individuals who \n provide physical medicine and rehabilitative services \n (including physical therapy and occupational therapy), \n nurses, dentists, and chiropractic health care \n professionals;\n ``(B) the nonvoting ex officio members shall \n include--\n ``(i) the Director of the National Cancer \n Institute;\n ``(ii) the Director of the National \n Institute of Dental Research;\n ``(iii) the Director of the National \n Institute of Child Health and Human \n Development;\n ``(iv) the Director of the National \n Institute of Nursing Research;\n ``(v) the Director of the National \n Institute of Allergy and Infectious Diseases;\n ``(vi) the Director of the National \n Institute of Arthritis and Musculoskeletal and \n Skin Diseases;\n ``(vii) the Director of the National \n Institute of Neurological Disorders and Stroke;\n ``(viii) the Director of the National \n Institute on Drug Abuse; and\n ``(ix) the Director of the National \n Institute on Disability and Rehabilitation \n Research of the Department of Education; and\n ``(3) the council shall meet at least two times \n each fiscal year.\n ``(2) Duties.--The advisory council shall advise, assist, \n consult with and make recommendations to the Director of the \n Center concerning matters relating to the coordination, \n research, training, education, and related general purposes set \n forth in sub section (b), including policy recommendations with \n regard to grants, contracts, and the operations of the Center.\n ``(d) Establishment of Regional Pain Research Centers.--\n ``(1) Establishment.--To facilitate and enhance the \n research, training, education, and related activities to be \n carried out by the Center, the Director of the Center, in \n consultation with the advisory council established under \n subsection (c), shall establish not less than six regional pain \n research centers.\n ``(2) Focus and distribution.--\n ``(A) Focus.--The regional centers established \n under paragraph (1) shall have as their primary focus \n one of the categories of pain described in \n subparagraphs (A), (B), (C), and (D) of subsection \n (b)(3).\n ``(B) Distribution.--One regional pain research \n center shall be established in each of the following \n six regions of the United States as defined by the \n Secretary:\n ``(A) The northeast region.\n ``(B) The southeast region.\n ``(C) The midwest region.\n ``(D) The southwest region.\n ``(E) The west region, including Hawaii.\n ``(F) The Pacific Northwest region, including \n Alaska.\n ``(2) Use of technology.--The regional centers established \n under paragraph (1) shall be a part of the Center and shall be \n interconnected to the Center headquarters through the \n utilization of distance learning technologies, satellites, \n fiber optic links, or other telecommunications and computer \n systems, to allow for the interactive exchange of information, \n research data, findings, training programs, educational \n programs, and other Center research and related initiatives.\n ``(3) Initial regional centers.--The initial regional \n centers shall be selected through a competitive process from \n among institutions and centers of the type described in \n subsection (b)(6).\n ``(e) Authorization of Appropriations.--\n ``(1) In general.--For the purposes of carrying out this \n section, there are authorized to be appropriated $20,000,000 \n for each of fiscal years 1997, 1998, and 1999, and such sums as \n may be necessary for fiscal year 2000.\n ``(2) Regional centers.--Of the amount appropriated under \n paragraph (1) for fiscal year 1998 and each subsequent fiscal \n year, not less than $1,000,000 shall be made available to each \n of the regional centers established under subsection (d).\n ``(3) Report to congress.--Not later than January 1, 1998, \n and each January 1, thereafter, the Director of the Center \n shall prepare and submit to the committees of Congress a report \n concerning the total amount of funds expended to support for \n pain-related research in for the year for which the report was \n prepared.''.","summary":"National Center for Pain Research Act of 1996 - Amends the Public Health Service Act to establish, in the National Institutes of Health, the National Center for Pain Research. Makes the National Pain Research Center Advisory Board the advisory council for the Center. Mandates establishment of not less than six regional pain research centers. Authorizes appropriations.","title":"National Center for Pain Research Act of 1996","text_len":9766,"sum_len":370} {"bill_id":"106_hr4860","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be cited as the ``North Korea Nonproliferation Act of \n2000''.\n\nSEC. 2. REPORTS ON PROLIFERATION BY NORTH KOREA.\n\n (a) Reports on Compliance by North Korea With Missile \nCommitments.--The President shall, at the times specified in subsection \n(c), submit a report--\n (1) stating whether there is credible information that \n North Korea, on or after the date of the enactment of this Act, \n took an action inconsistent with its obligations under--\n (A) the agreement between North Korea and the \n United States of September 12, 1999, to suspend \n launches of long-range missiles; or\n (B) any other international agreement in which \n North Korea agreed to limit its testing, deployment, or \n transfer to other countries of missiles or missile \n technology; and\n (2) if there is such credible information, describing the \n nature of that information and of the action or actions taken \n by North Korea.\n (b) Reports on Proliferation by North Korea.--The President shall, \nat the times specified in subsection (c), submit a report describing \neach instance in which there is credible information indicating that \nNorth Korea, on or after the date of the enactment of this Act, \ntransferred to a destination outside of North Korea--\n (1) goods, services, or technology listed on--\n (A) the Nuclear Suppliers Group Guidelines for the \n Export of Nuclear Material, Equipment and Technology \n (published by the International Atomic Energy Agency as \n Information Circular INFCIRC\/254\/Rev.3\/Part 1, and \n subsequent revisions) and Guidelines for Transfers of \n Nuclear-Related Dual-Use Equipment, Material, and \n Related Technology (published by the International \n Atomic Energy Agency as Information Circular INFCIRC\/\n 254\/Rev.3\/Part 2, and subsequent revisions);\n (B) the Missile Technology Control Regime Equipment \n and Technology Annex of June 11, 1996, and subsequent \n revisions;\n (C) the lists of items and substances relating to \n biological and chemical weapons the export of which is \n controlled by the Australia Group;\n (D) the Schedule One or Schedule Two list of toxic \n chemicals and precursors the export of which is \n controlled pursuant to the Convention on the \n Prohibition of the Development, Production, Stockpiling \n and Use of Chemical Weapons and on Their Destruction; \n or\n (E) the Wassenaar Arrangement list of Dual Use \n Goods and Technologies and Munitions of July 12, 1996, \n and subsequent revisions; or\n (2) goods, services, or technology not included on any list \n identified in paragraph (1) but which nevertheless would be, if \n they were United States goods, services, or technology, \n prohibited for export to that destination because of their \n potential to make a material contribution to the development of \n nuclear, biological, or chemical weapons, or of ballistic or \n cruise missile systems.\n (c) Timing of Reports.--The reports under subsections (a) and (b) \nshall be submitted not later than 90 days after the date of the \nenactment of this Act, not later than 6 months after such date of \nenactment, and not later than the end of each 6-month period \nthereafter.\n (d) Submission in Classified Form.--When the President considers it \nappropriate, reports under subsections (a) and (b), or appropriate \nparts thereof, may be submitted in classified form.\n\nSEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COMMERCE WITH NORTH \n KOREA.\n\n (a) Authority.--Subject to sections 4, 5, and 6, any time that a \nreport submitted under section 2(b) indicates that there is credible \ninformation that, on or after the date of the enactment of this Act, \nNorth Korea transferred to a destination outside of North Korea goods, \nservices, or technology described in section 2(b)(1) or 2(b)(2), \nthe President is authorized to reinstate any or all of the restrictions \non commerce with North Korea described in subsection (b), to the degree \nsuch restrictions are not already in effect, for such period of time as \nthe President may determine.\n (b) Restrictions To Be Reinstated.--The restrictions on commerce \nreferred to in subsection (a) are all restrictions on trade and other \ntransactions with North Korea that were in effect on the day before \nSeptember 12, 1999, under the Trading With the Enemy Act, the Defense \nProduction Act of 1950, and the Export Administration Regulations of \nthe Department of Commerce, other than those restrictions on imports \ninto the United States.\n (c) Effective Date.--Restrictions on commerce reinstated under \nsubsection (a) shall be effective on such date as the President may \ndetermine.\n (d) Publication in Federal Register.--The President shall publish \nin the Federal Register notice of restrictions on commerce reinstated \nunder subsection (a).\n\nSEC. 4. PROCEDURES IF RESTRICTIONS ON COMMERCE ARE NOT REINSTATED.\n\n (a) Requirement To Notify Congress.--Should the President not \nexercise the authority of section 3(a) to reinstate all of the \nrestrictions not already in effect on commerce with North Korea \ndescribed in section 3(b) following the submission of a report under \nsection 2(b) indicating that there is credible information that, on or \nafter the date of the enactment of this Act, North Korea transferred to \na destination outside of North Korea goods, services, or technology \ndescribed in section 2(b)(1) or 2(b)(2), the President shall so notify \nthe relevant committees of Congress within 30 days after submitting the \nreport under section 2(b).\n (b) Written Justification.--Any notification submitted by the \nPresident under subsection (a) shall include a written justification \ndescribing in detail the facts and circumstances relating specifically \nto the transfer or transfers described in the corresponding report \nsubmitted under section 2(b) that support the President's decision not \nto exercise the authority of section 3(a) to reinstate the restrictions \non commerce with North Korea described in section 3(b).\n (c) Submission in Classified Form.--When the President considers it \nappropriate, the notification of the President under subsection (a), \nand the written justification under subsection (b), or appropriate \nparts thereof, may be submitted in classified form.\n (d) Exception.--This section shall not apply in any case governed \nby section 5.\n\nSEC. 5. REQUIREMENT IN CERTAIN CASES TO REINSTATE RESTRICTIONS ON \n COMMERCE WITH NORTH KOREA.\n\n (a) Requirement To Reinstate Restrictions.--Notwithstanding section \n3, and subject to section 6, the President shall reinstate all of the \nrestrictions on commerce with North Korea described in section 3(b), to \nthe degree such restrictions are not already in effect, following the \nsubmission of a report by the President--\n (1) under section 2(a) indicating there is credible \n information that North Korea, on or after the date of the \n enactment of this Act, took an action inconsistent with its \n obligations under--\n (A) the agreement between North Korea and the \n United States of September 12, 1999, to suspend \n launches of long-range missiles; or\n (B) any other international agreement in which \n North Korea agreed to limit its testing, deployment, or \n transfer to other countries of missiles or missile \n technology; or\n (2) under section 2(b) indicating that there is credible \n information that, on or after the date of the enactment of this \n Act, North Korea transferred goods, services, or technology \n described in section 2(b)(1) or 2(b)(2) to any country \n described in subsection (b).\n (b) Countries Referred to in Subsection (a)(2).--A country referred \nto subsection (a)(2) is any country the government of which--\n (1) has been determined by the Secretary of State pursuant \n to section 6(j) of the Export Administration Act of 1979, \n section 620A(a) of the Foreign Assistance Act of 1961, or \n section 40(d) of the Arms Export Control Act, to have \n repeatedly provided support for acts of international \n terrorism; or\n (2) has tested any long-range missile incorporating goods \n or technology knowingly transferred to such government by North \n Korea.\n (c) Effective Date.--Restrictions on commerce with North Korea \nreinstated under subsection (a) following submission of a report under \nsection 2(a) or 2(b) shall take effect not later than 10 days after the \nPresident submits the report.\n (d) Duration of Reinstated Restrictions.--Restrictions on commerce \nwith North Korea reinstated under subsection (a) shall remain in effect \nfor a period of not less than 2 years beginning on the effective date \nof the restrictions, unless the requirements of this section are waived \npursuant to section 7.\n (e) Publication in Federal Register.--The President shall publish \nin the Federal Register notice of restrictions on commerce reinstated \nunder subsection (a).\n (f) Construction.--Subsection (a) shall not be construed to require \nany action by the President if all the restrictions on commerce with \nNorth Korea described in section 3(b) are already in effect on the date \nthat is 10 days after the submission of a report described in \nsubsection (a), except that all such restrictions shall remain in \neffect for a period of not less than 2 years beginning on such date, \nunless the requirements of this section are waived pursuant to section \n7.\n\nSEC. 6. EXCEPTION FOR CASES IN WHICH NORTH KOREA DID NOT KNOWINGLY ACT.\n\n (a) In General.--Sections 3, 4, and 5 shall not apply with respect \nto any action by North Korea described in a report submitted under \nsection 2(a) or 2(b) if the President reports to the relevant \ncommittees of Congress that the President has determined that there is \nsubstantial doubt that North Korea knowingly took that action.\n (b) Submission in Classified Form.--When the President considers it \nappropriate, the determination and report of the President under \nsubsection (a), or appropriate parts thereof, may be submitted in \nclassified form.\n\nSEC. 7. NATIONAL INTEREST WAIVER.\n\n (a) Authority To Waive.--The President may waive the requirement of \nsection 5 to reinstate or maintain in effect restrictions on commerce \nwith North Korea if, in accordance with subsection (b), the President \nreports to the relevant committees of Congress that the President has \ndetermined that such waiver is important to the national security \ninterests of the United States.\n (b) Consultation With Congress.--The authority of subsection (a) \nmay be only be exercised if--\n (1) at any time after the effective date prescribed by \n section 5(b), the President informs the relevant committees of \n Congress in writing of the President's intention to exercise \n that authority;\n (2) the President provides the relevant committees of \n Congress a written justification for the proposed exercise of \n that authority; and\n (3) Before exercising that authority, the President \n consults with the relevant committees of Congress regarding the \n proposed exercise of that authority for a period of 30 days \n beginning on the date that the President informs the relevant \n committees of Congress under paragraph (1) of the President's \n intention to exercise the authority.\n\nSEC. 8. AUTHORITIES OF THE PRESIDENT IF NORTH KOREA ENTERS A BINDING \n INTERNATIONAL AGREEMENT REGARDING MISSILE PROLIFERATION.\n\n (a) Statement of Policy.--The Congress encourages the President to \nseek to negotiate a binding international agreement with North Korea \nthat satisfies United States concerns regarding the transfer by North \nKorea to other countries of missiles and missile technology.\n (b) Authorities of the President.--If the President determines and \nreports to the relevant committees of Congress that North Korea has \nentered into a binding international agreement that satisfies United \nStates concerns regarding the transfer by North Korea to other \ncountries of missiles and missile technology, the President is \nauthorized to--\n (1) use funds made available by appropriation Act enacted \n after the date of the enactment of this Act for the \n ``Nonproliferation, Anti-terrorism, Demining and Related \n Programs'' account to support the commercial launch in the \n United States or other countries of satellites for North Korea \n (other than a launch by North Korea or by an entity that has \n made a transfer that is reportable under section 2(a) of the \n Iran Nonproliferation Act of 2000 (Public Law 106-178), and has \n not been subject to a determination pursuant to section 5 of \n such Act); and\n (2) waive sanctions that, as of the date of the enactment \n of this Act, are in effect on North Korea (including any \n entities in North Korea) pursuant to section 73 of the Arms \n Export Control Act and section 11B(b) of the Export \n Administration Act of 1979.\n (c) Construction.--The authority of subsection (b)(2) is in \naddition to authorities available to the President under other \nprovisions of law.\n\nSEC. 9. RELATIONSHIP TO STATE LAW.\n\n No provision of this Act is intended to preempt the law of any \nState or local government relating to North Korea, to the extent that \nsuch law is more restrictive than Federal law regarding commerce with \nNorth Korea.\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) Long-range missile.--The term ``long-range missile'' \n means any missile with a range of 1,000 kilometers or more.\n (2) North korea.--The term ``North Korea'' means the \n Democratic People's Republic of North Korea.\n (3) Relevant committees of congress.--The term ``relevant \n committees of Congress'' means the Committee on International \n Relations of the House of Representatives and the Committee on \n Foreign Relations of the Senate.","summary":"Authorizes the President to reinstate any or all of specified restrictions on commerce with North Korea any time a proliferation report indicates credible information that North Korea transferred nuclear goods, services, or technology to an outside destination. Requires a detailed justification to Congress in any such instance where the President decides not to reinstate restrictions. Requires a minimum two-year reinstatement of such restrictions if there is credible information that North Korea took an action inconsistent with: (1) compliance with the September 12, 1999, commitment to suspend launches of long-range missiles, or with any international agreement limiting testing, deployment, or transfer to other countries of missiles or missile technology. Or (2) transferred any of specified nuclear goods, services, or technology to any country whose government has repeatedly supported acts of international terrorism, or has tested any long-range missile incorporating goods or technology knowingly transferred to such government by North Korea. Declares that reinstatement requirements shall not apply if the President reports to the relevant congressional committees that there is substantial doubt that North Korea knowingly took such an action. Encourages the President to seek to negotiate a binding international agreement with North Korea that satisfies US concerns regarding the transfer by North Korea to other countries of missiles and missile technology. Authorizes the President, if North Korea enters into such an agreement, to: (1) waive specified sanctions under the Arms Export Control Act and the Export Administration Act of 1979. And (2) use certain funds to support the commercial launch in the United States or other countries of satellites for North Korea .","title":"North Korea Nonproliferation Act of 2000","text_len":14839,"sum_len":1792} {"bill_id":"115_hr1616","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Strengthening State and Local Cyber \nCrime Fighting Act of 2017''.\nSEC. 2. AUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE OF \nTHE DEPARTMENT OF HOMELAND SECURITY.\n (a) In General.--Subtitle C of title VIII of the Homeland Security \nAct of 2002 (6 U.S.C. 381 et seq.) is amended by adding at the end the \nfollowing new section:\n ``SEC. 822. NATIONAL COMPUTER FORENSICS INSTITUTE.\n ``(a) In General.--There is authorized for fiscal years 2017 \nthrough 2022 within the United States Secret Service a National \nComputer Forensics Institute (in this section referred to as the \n`Institute'). The Institute shall disseminate information related to \nthe investigation and prevention of cyber and electronic crime and \nrelated threats, and educate, train, and equip State, local, tribal, \nand territorial law enforcement officers, prosecutors, and judges.\n ``(b) Functions.--The functions of the Institute shall include the \nfollowing:\n ``(1) Educating State, local, tribal, and territorial law \n enforcement officers, prosecutors, and judges on current--\n ``(A) cyber and electronic crimes and related threats;\n ``(B) methods for investigating cyber and electronic crime \n and related threats and conducting computer and mobile device \n forensic examinations; and\n ``(C) prosecutorial and judicial challenges related to \n cyber and electronic crime and related threats, and computer \n and mobile device forensic examinations.\n ``(2) Training State, local, tribal, and territorial law \n enforcement officers to--\n ``(A) conduct cyber and electronic crime and related threat \n investigations;\n ``(B) conduct computer and mobile device forensic \n examinations; and\n ``(C) respond to network intrusion incidents.\n ``(3) Training State, local, tribal, and territorial law \n enforcement officers, prosecutors, and judges on methods to obtain, \n process, store, and admit digital evidence in court.\n ``(c) Principles.--In carrying out the functions specified in \nsubsection (b), the Institute shall ensure, to the extent practicable, \nthat timely, actionable, and relevant expertise and information related \nto cyber and electronic crime and related threats is shared with State, \nlocal, tribal, and territorial law enforcement officers and \nprosecutors.\n ``(d) Equipment.--The Institute may provide State, local, tribal, \nand territorial law enforcement officers with computer equipment, \nhardware, software, manuals, and tools necessary to conduct cyber and \nelectronic crime and related threat investigations and computer and \nmobile device forensic examinations.\n ``(e) Electronic Crime Task Forces.--The Institute shall facilitate \nthe expansion of the network of Electronic Crime Task Forces of the \nUnited States Secret Service through the addition of State, local, \ntribal, and territorial law enforcement officers educated and trained \nat the Institute.\n ``(f) Savings Provision.--All authorized activities and functions \ncarried out by the Institute at any location as of the day before the \ndate of the enactment of this section are authorized to continue to be \ncarried out at any such location on and after such date.''.\n (b) Funding.--For each of fiscal years 2018 through 2022, amounts \nappropriated for United States Secret Service, Operations and Support, \nmay be used to carry out this Act and the amendments made by this Act.\n (c) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by \ninserting after the item relating to section 821 the following new \nitem:\n\n``Sec. 822. National Computer Forensics Institute.''.\nSEC. 3. PREVENTION, INVESTIGATION, AND PROSECUTION OF ECONOMIC, HIGH \nTECHNOLOGY, INTERNET, AND OTHER WHITE COLLAR CRIME.\n (a) In General.--Title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at \nthe end the following:\n\n ``PART MM--PREVENTION, INVESTIGATION, AND PROSECUTION OF WHITE COLLAR \n CRIME\n\n``SEC. 3030. SHORT TITLE.\n ``This part may be cited as the `National White Collar Crime \nControl Act of 2017'.\n``SEC. 3031. ESTABLISHMENT OF GRANT PROGRAM.\n ``(a) Authorization.--The Director of the Bureau of Justice \nAssistance is authorized to enter into a cooperative agreement with or \nmake a grant to an eligible entity for the purpose of improving the \nidentification, investigation, and prosecution of white collar crime \n(including each category of such crimes set forth in paragraphs (1) \nthrough (3) of subsection (b)) by providing comprehensive, direct, and \npractical training and technical assistance to law enforcement \nofficers, investigators, auditors and prosecutors in States and units \nof local government.\n ``(b) White Collar Crime Defined.--For purposes of this part, the \nterm `white collar crime' includes--\n ``(1) high-tech crime, including cyber and electronic crime and \n related threats;\n ``(2) economic crime, including financial fraud and mortgage \n fraud; and\n ``(3) Internet-based crime against children and child \n pornography.\n``SEC. 3032. PURPOSES.\n ``The purposes of this part include the following:\n ``(1) To ensure that training is available for State, local, \n tribal and territorial law enforcement agencies and officers \n nationwide to support local efforts to identify, prevent, \n investigate, and prosecute cyber and financial crimes, including \n those crimes facilitated via computer networks and other electronic \n means, and crimes involving financial and economic impacts such as \n intellectual property crimes.\n ``(2) To deliver training to State, local, tribal, and \n territorial law enforcement officers, and other criminal justice \n professionals concerning the use of proven methodologies to \n prevent, detect, and respond to such crimes, recognize emerging \n issues, manage electronic and financial crime evidence and to \n improve local criminal justice agency responses to such threats.\n ``(3) To provide operational and technical assistance and \n training concerning tools, products, resources, guidelines, and \n procedures to aid and enhance criminal intelligence analysis, \n conduct cyber crime and financial crime investigations, and related \n justice information sharing at the local and State levels.\n ``(4) To provide appropriate training on protections for \n privacy, civil rights, and civil liberties in the conduct of \n criminal intelligence analysis and cyber and electronic crime and \n financial crime investigations, including in the development of \n policies, guidelines, and procedures by State, local, tribal, and \n territorial law enforcement agencies to protect and enhance \n privacy, civil rights, and civil liberties protections and identify \n weaknesses and gaps in the protection of privacy, civil rights, and \n civil liberties.\n``SEC. 3033. AUTHORIZED PROGRAMS.\n ``A grant or cooperative agreement awarded under this part may be \nmade only for the following programs, with respect to the prevention, \ninvestigation, and prosecution of certain criminal activities:\n ``(1) Programs to provide a nationwide support system for State \n and local criminal justice agencies.\n ``(2) Programs to assist State and local criminal justice \n agencies to develop, establish, and maintain intelligence-focused \n policing strategies and related information sharing.\n ``(3) Programs to provide training and investigative support \n services to State and local criminal justice agencies to provide \n such agencies with skills and resources needed to investigate and \n prosecute such criminal activities and related criminal activities.\n ``(4) Programs to provide research support, to establish \n partnerships, and to provide other resources to aid State and local \n criminal justice agencies to prevent, investigate, and prosecute \n such criminal activities and related problems.\n ``(5) Programs to provide information and research to the \n general public to facilitate the prevention of such criminal \n activities.\n ``(6) Programs to establish or support national training and \n research centers regionally to provide training and research \n services for State and local criminal justice agencies.\n ``(7) Programs to provide training and oversight to State and \n local criminal justice agencies to develop and comply with \n applicable privacy, civil rights, and civil liberties related \n policies, procedures, rules, laws, and guidelines.\n ``(8) Any other programs specified by the Attorney General as \n furthering the purposes of this part.\n``SEC. 3034. APPLICATION.\n ``To be eligible for an award of a grant or cooperative agreement \nunder this part, an entity shall submit to the Director of the Bureau \nof Justice Assistance an application in such form and manner, and \ncontaining such information, as required by the Director of the Bureau \nof Justice Assistance.\n``SEC. 3035. ELIGIBILITY.\n ``States, units of local government, not-for-profit entities, and \ninstitutions of higher-education with demonstrated capacity and \nexperience in delivering training, technical assistance and other \nresources including direct, practical laboratory training to law \nenforcement officers, investigators, auditors and prosecutors in States \nand units of local government and over the Internet shall be eligible \nto receive an award under this part.\n``SEC. 3036. RULES AND REGULATIONS.\n ``The Director of the Bureau of Justice Assistance shall promulgate \nsuch rules and regulations as are necessary to carry out this part, \nincluding rules and regulations for submitting and reviewing \napplications under section 3035.''.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated $13,000,000 for each of fiscal years 2018 through 2022 to \ncarry out--\n (1) part MM of title I of the Omnibus Crime Control and Safe \n Streets Act of 1968, as added by subsection (a); and\n (2) section 401(b) of the Prioritizing Resources and \n Organization for Intellectual Property Act of 2008 (34 U.S.C. \n 30103(b)).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on October 2, 2017. Strengthening State and Local Cyber Crime Fighting Act of 2017 This bill amends the Homeland Security Act of 2002 to authorize a National Computer Forensics Institute within the US Secret Service for FY2017-FY2022. The institute shall: (1) disseminate information related to the investigation and prevention of cyber and electronic crime and related threats. And (2) educate, train, and equip state, local, tribal, and territorial law enforcement officers, prosecutors, and judges. Institute functions include: educating such officers, prosecutors, and judges on current cyber and electronic crimes and related threats, methods for investigating such crime and threats and for conducting computer and mobile device forensic examinations, and related prosecutorial and judicial challenges. Training such officers to conduct investigations of such crime and related threats, as well as such forensic examinations, and to respond to network intrusion incidents. And training such officers, prosecutors, and judges on methods to obtain, process, store, and admit digital evidence in court. The institute: shall ensure that timely, actionable, and relevant expertise and information related to such crime and related threats is shared with such officers and prosecutors. May provide such officers with computer equipment, hardware, software, manuals, and tools necessary to conduct investigations of such crime and related threats and such forensic examinations. And shall facilitate the expansion of the network of Electronic Crime Task Forces of the Secret Service through the addition of officers trained at the institute. The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a new part, which may be cited as the National White Collar Crime Control Act of 2017, authorizing the Department of Justice's Bureau of Justice Assistance to enter into a cooperative agreement or make a grant for training and technical assistance to help law enforcement officers, investigators, auditors, and prosecutors identify, investigate, and prosecute white collar crime. White collar crime includes high-tech crime, economic crime, and Internet-based crime against children and child pornography.","title":"Strengthening State and Local Cyber Crime Fighting Act of 2017","text_len":10712,"sum_len":2298} {"bill_id":"109_s740","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Start Healthy, Stay Healthy Act of \n2005''.\n\nSEC. 2. STATE OPTION TO EXPAND OR ADD COVERAGE OF CERTAIN PREGNANT \n WOMEN UNDER MEDICAID AND SCHIP.\n\n (a) Medicaid.--\n (1) Authority to expand coverage.--Section 1902(l)(2)(A)(i) \n of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)(i)) is \n amended by inserting ``(or such higher percent as the State may \n elect for purposes of expenditures for medical assistance for \n pregnant women described in section 1905(u)(4)(A))'' after \n ``185 percent''.\n (2) Enhanced matching funds available if certain conditions \n met.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) \n is amended--\n (A) in the fourth sentence of subsection (b), by \n striking ``or subsection (u)(3)'' and inserting ``, \n (u)(3), or (u)(4)''; and\n (B) in subsection (u)--\n (i) by redesignating paragraph (4) as \n paragraph (5); and\n (ii) by inserting after paragraph (3) the \n following:\n ``(4) For purposes of the fourth sentence of subsection (b) and \nsection 2105(a), the expenditures described in this paragraph are the \nfollowing:\n ``(A) Certain pregnant women.--If the conditions described \n in subparagraph (B) are met, expenditures for medical \n assistance for pregnant women described in subsection (n) or \n under section 1902(l)(1)(A) in a family the income of which \n exceeds the effective income level (expressed as a percent of \n the poverty line and considering applicable income disregards) \n that has been specified under subsection (a)(10)(A)(i)(III) or \n (l)(2)(A) of section 1902, as of January 1, 2005, but does not \n exceed the income eligibility level established under title XXI \n for a targeted low-income child.\n ``(B) Conditions.--The conditions described in this \n subparagraph are the following:\n ``(i) The State plans under this title and title \n XXI do not provide coverage for pregnant women \n described in subparagraph (A) with higher family income \n without covering such pregnant women with a lower \n family income.\n ``(ii) The State does not apply an effective income \n level for pregnant women that is lower than the \n effective income level (expressed as a percent of the \n poverty line and considering applicable income \n disregards) that has been specified under the State \n plan under subsection (a)(10)(A)(i)(III) or (l)(2)(A) \n of section 1902, as of January 1, 2005, to be eligible \n for medical assistance as a pregnant woman.\n ``(C) Definition of poverty line.--In this subsection, the \n term `poverty line' has the meaning given such term in section \n 2110(c)(5).''.\n (3) Payment from title xxi allotment for medicaid expansion \n costs; elimination of counting medicaid child presumptive \n eligibility costs against title xxi allotment.--Section \n 2105(a)(1) of the Social Security Act (42 U.S.C. 1397ee(a)(1)) \n is amended--\n (A) in the matter preceding subparagraph (A), by \n striking ``(or, in the case of expenditures described \n in subparagraph (B), the Federal medical assistance \n percentage (as defined in the first sentence of section \n 1905(b)))''; and\n (B) by striking subparagraph (B) and inserting the \n following:\n ``(B) for the provision of medical assistance that \n is attributable to expenditures described in section \n 1905(u)(4)(A);''.\n (4) Additional amendments to medicaid.--\n (A) Eligibility of a newborn.--Section 1902(e)(4) \n of the Social Security Act (42 U.S.C. 1396a(e)(4)) is \n amended in the first sentence by striking ``so long as \n the child is a member of the woman's household and the \n woman remains (or would remain if pregnant) eligible \n for such assistance''.\n (B) Application of qualified entities to \n presumptive eligibility for pregnant women under \n medicaid.--Section 1920(b) of the Social Security Act \n (42 U.S.C. 1396r-1(b)) is amended by adding at the end \n after and below paragraph (2) the following flush \n sentence:\n``The term `qualified provider' includes a qualified entity as defined \nin section 1920A(b)(3).''.\n (b) SCHIP.--\n (1) Coverage.--Title XXI of the Social Security Act (42 \n U.S.C. 1397aa et seq.) is amended by adding at the end the \n following:\n\n``SEC. 2111. OPTIONAL COVERAGE OF TARGETED LOW-INCOME PREGNANT WOMEN.\n\n ``(a) Optional Coverage.--Notwithstanding any other provision of \nthis title, a State may provide for coverage, through an amendment to \nits State child health plan under section 2102, of pregnancy-related \nassistance for targeted low-income pregnant women in accordance with \nthis section, but only if the State meets the conditions described in \nsection 1905(u)(4)(B).\n ``(b) Definitions.--For purposes of this title:\n ``(1) Pregnancy-related assistance.--The term `pregnancy-\n related assistance' has the meaning given the term child health \n assistance in section 2110(a) as if any reference to targeted \n low-income children were a reference to targeted low-income \n pregnant women, except that the assistance shall be limited to \n services related to pregnancy (which include prenatal, \n delivery, and postpartum services and services described in \n section 1905(a)(4)(C)) and to other conditions that may \n complicate pregnancy.\n ``(2) Targeted low-income pregnant woman.--The term \n `targeted low-income pregnant woman' means a woman--\n ``(A) during pregnancy and through the end of the \n month in which the 60-day period (beginning on the last \n day of her pregnancy) ends;\n ``(B) whose family income exceeds the effective \n income level (expressed as a percent of the poverty \n line and considering applicable income disregards) that \n has been specified under subsection (a)(10)(A)(i)(III) \n or (l)(2)(A) of section 1902, as of January 1, 2005, to \n be eligible for medical assistance as a pregnant woman \n under title XIX but does not exceed the income \n eligibility level established under the State child \n health plan under this title for a targeted low-income \n child; and\n ``(C) who satisfies the requirements of paragraphs \n (1)(A), (1)(C), (2), and (3) of section 2110(b).\n ``(c) References to Terms and Special Rules.--In the case of, and \nwith respect to, a State providing for coverage of pregnancy-related \nassistance to targeted low-income pregnant women under subsection (a), \nthe following special rules apply:\n ``(1) Any reference in this title (other than in subsection \n (b)) to a targeted low-income child is deemed to include a \n reference to a targeted low-income pregnant woman.\n ``(2) Any such reference to child health assistance with \n respect to such women is deemed a reference to pregnancy-\n related assistance.\n ``(3) Any such reference to a child is deemed a reference \n to a woman during pregnancy and the period described in \n subsection (b)(2)(A).\n ``(4) In applying section 2102(b)(3)(B), any reference to \n children found through screening to be eligible for medical \n assistance under the State medicaid plan under title XIX is \n deemed a reference to pregnant women.\n ``(5) There shall be no exclusion of benefits for services \n described in subsection (b)(1) based on any preexisting \n condition and no waiting period (including any waiting period \n imposed to carry out section 2102(b)(3)(C)) shall apply.\n ``(6) Subsection (a) of section 2103 (relating to required \n scope of health insurance coverage) shall not apply insofar as \n a State limits coverage to services described in subsection \n (b)(1) and the reference to such section in section \n 2105(a)(1)(C) is deemed not to require, in such case, \n compliance with the requirements of section 2103(a).\n ``(7) In applying section 2103(e)(3)(B) in the case of a \n pregnant woman provided coverage under this section, the \n limitation on total annual aggregate cost-sharing shall be \n applied to the entire family of such pregnant woman.\n ``(d) Automatic Enrollment for Children Born to Women Receiving \nPregnancy-Related Assistance.--If a child is born to a targeted low-\nincome pregnant woman who was receiving pregnancy-related assistance \nunder this section on the date of the child's birth, the child shall be \ndeemed to have applied for child health assistance under the State \nchild health plan and to have been found eligible for such assistance \nunder such plan or to have applied for medical assistance under title \nXIX and to have been found eligible for such assistance under such \ntitle, as appropriate, on the date of such birth and to remain eligible \nfor such assistance until the child attains 1 year of age. During the \nperiod in which a child is deemed under the preceding sentence to be \neligible for child health or medical assistance, the child health or \nmedical assistance eligibility identification number of the mother \nshall also serve as the identification number of the child, and all \nclaims shall be submitted and paid under such number (unless the State \nissues a separate identification number for the child before such \nperiod expires).''.\n (2) Additional allotments for providing coverage of \n pregnant women.--\n (A) In general.--Section 2104 of the Social \n Security Act (42 U.S.C. 1397dd) is amended by inserting \n after subsection (c) the following:\n ``(d) Additional Allotments for Providing Coverage of Pregnant \nWomen.--\n ``(1) Appropriation; total allotment.--For the purpose of \n providing additional allotments to States under this title, \n there is appropriated, out of any money in the Treasury not \n otherwise appropriated, for each of fiscal years 2006 and 2007, \n $200,000,000.\n ``(2) State and territorial allotments.--In addition to the \n allotments provided under subsections (b) and (c), subject to \n paragraphs (3) and (4), of the amount available for the \n additional allotments under paragraph (1) for a fiscal year, \n the Secretary shall allot to each State with a State child \n health plan approved under this title--\n ``(A) in the case of such a State other than a \n commonwealth or territory described in subparagraph \n (B), the same proportion as the proportion of the \n State's allotment under subsection (b) (determined \n without regard to subsection (f)) to the total amount \n of the allotments under subsection (b) for such States \n eligible for an allotment under this paragraph for such \n fiscal year; and\n ``(B) in the case of a commonwealth or territory \n described in subsection (c)(3), the same proportion as \n the proportion of the commonwealth's or territory's \n allotment under subsection (c) (determined without \n regard to subsection (f)) to the total amount of the \n allotments under subsection (c) for commonwealths and \n territories eligible for an allotment under this \n paragraph for such fiscal year.\n ``(3) Use of additional allotment.--Additional allotments \n provided under this subsection are not available for amounts \n expended before October 1, 2005. Such amounts are available for \n amounts expended on or after such date for child health \n assistance for targeted low-income children, as well as for \n pregnancy-related assistance for targeted low-income pregnant \n women.\n ``(4) No payments unless election to expand coverage of \n pregnant women.--No payments may be made to a State under this \n title from an allotment provided under this subsection unless \n the State provides pregnancy-related assistance for targeted \n low-income pregnant women under this title, or provides medical \n assistance for pregnant women under title XIX, whose family \n income exceeds the effective income level applicable under \n subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902 to a \n family of the size involved as of January 1, 2005.''.\n (B) Conforming amendments.--Section 2104 of the \n Social Security Act (42 U.S.C. 1397dd) is amended--\n (i) in subsection (a), in the matter \n preceding paragraph (1), by inserting ``subject \n to subsection (d),'' after ``under this \n section,'';\n (ii) in subsection (b)(1), by inserting \n ``and subsection (d)'' after ``Subject to \n paragraph (4)''; and\n (iii) in subsection (c)(1), by inserting \n ``subject to subsection (d),'' after ``for a \n fiscal year,''.\n (3) Presumptive eligibility under title xxi.--\n (A) Application to pregnant women.--Section \n 2107(e)(1)(D) of the Social Security Act (42 U.S.C. \n 1397gg(e)(1)) is amended to read as follows:\n ``(D) Sections 1920 and 1920A (relating to \n presumptive eligibility).''.\n (B) Exception from limitation on administrative \n expenses.--Section 2105(c)(2) of the Social Security \n Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at \n the end the following new subparagraph:\n ``(C) Exception for presumptive eligibility \n expenditures.--The limitation under subparagraph (A) on \n expenditures shall not apply to expenditures \n attributable to the application of section 1920 or \n 1920A (pursuant to section 2107(e)(1)(D)), regardless \n of whether the child or pregnant woman is determined to \n be ineligible for the program under this title or title \n XIX.''.\n (4) Additional amendments to title xxi.--\n (A) No cost-sharing for pregnancy-related \n services.--Section 2103(e)(2) of the Social Security \n Act (42 U.S.C. 1397cc(e)(2)) is amended--\n (i) in the heading, by inserting ``or \n pregnancy-related services'' after ``Preventive \n services''; and\n (ii) by inserting before the period at the \n end the following: ``or for pregnancy-related \n services''.\n (B) No waiting period.--Section 2102(b)(1)(B) of \n the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is \n amended--\n (i) by striking ``, and'' at the end of \n clause (i) and inserting a semicolon;\n (ii) by striking the period at the end of \n clause (ii) and inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(iii) may not apply a waiting period \n (including a waiting period to carry out \n paragraph (3)(C)) in the case of a targeted \n low-income pregnant woman.''.\n (c) Effective Date.--The amendments made by this section apply to \nitems and services furnished on or after October 1, 2005, without \nregard to whether regulations implementing such amendments have been \npromulgated.\n\nSEC. 3. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM.\n\n (a) In General.--Section 2102(b)(3) of the Social Security Act (42 \nU.S.C. 1397bb(b)(3)) is amended--\n (1) in subparagraph (D), by striking ``and'' at the end;\n (2) in subparagraph (E), by striking the period and \n inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(F) that operations and activities under this \n title are developed and implemented in consultation and \n coordination with the program operated by the State \n under title V in areas including outreach and \n enrollment, benefits and services, service delivery \n standards, public health and social service agency \n relationships, and quality assurance and data \n reporting.''.\n (b) Conforming Medicaid Amendment.--Section 1902(a)(11) of such Act \n(42 U.S.C. 1396a(a)(11)) is amended--\n (1) by striking ``and'' before ``(C)''; and\n (2) by inserting before the semicolon at the end the \n following: ``, and (D) provide that operations and activities \n under this title are developed and implemented in consultation \n and coordination with the program operated by the State under \n title V in areas including outreach and enrollment, benefits \n and services, service delivery standards, public health and \n social service agency relationships, and quality assurance and \n data reporting''.\n (c) Effective Date.--The amendments made by this section take \neffect on January 1, 2006.\n\nSEC. 4. INCREASE IN SCHIP INCOME ELIGIBILITY.\n\n (a) Definition of Low-Income Child.--Section 2110(c)(4) of the \nSocial Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended by \nstriking ``200'' and inserting ``250''.\n (b) Effective Date.--The amendment made by subsection (a) applies \nto child health assistance provided, and allotments determined under \nsection 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal \nyears beginning with fiscal year 2006.","summary":"Start Healthy, Stay Healthy Act of 2005- Amends titles XIX (Medicaid) and XXI (SCHIP) of the Social Security Act (SSA) to give States new options to: (1) cover low-income pregnant women. And (2) provide for coordination of SCHIP with the Maternal and Child Health Program under SSA title V. Provides for an increase in SCHIP income eligibility.","title":"A bill to amend title XIX and XXI of the Social Security Act to expand or add coverage of pregnant women under the medicaid and State children's health insurance program, and for other purposes.","text_len":19250,"sum_len":344} {"bill_id":"104_hr2414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Youth Smoking Prevention Act of \n1995''.\n\nSEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING \n NICOTINE.\n\n (a) Food and Drug Administration.--The Secretary of Health and \nHuman Services does not have any authority under--\n (1) the Federal Food, Drug, and Cosmetic Act,\n (2) the Federal Cigarette Labeling and Advertising Act, or\n (3) the Comprehensive Smokeless Tobacco Health Education \n Act of 1986,\nto regulate the manufacture, labeling, sale, distribution, and \nadvertising and promotion of tobacco and other tobacco products \ncontaining nicotine.\n (b) Federal Authority.--The Federal authority to regulate the sale, \ndistribution, and advertising and promotion of tobacco and other \ntobacco products containing nicotine is established as a condition to \nthe receipt by States of the Federal preventive health and health \nservices block grant.\n\nSEC. 3. REGULATION OF STATE AUTHORITY.\n\n (a) In General.--Section 1926(a)(1) of the Public Health Service \nAct (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows:\n ``(1) In general.--Subject to paragraph (2), for fiscal \n year 1997 and subsequent fiscal years, the Secretary may make a \n grant under section 1921 only if the State involved has in \n effect a law which provides the following:\n ``(A) Minors.--\n ``(i) Sales.--It shall be unlawful to sell \n tobacco and other tobacco products containing \n nicotine to an individual under the age of 18. \n Tobacco and other tobacco products containing \n nicotine may be sold only to individuals who \n present a document containing the individual's \n photograph and date of birth. Any person who \n violates this paragraph shall be fined in the \n amount that a person who sells alcoholic \n beverages to a minor is fined under State law.\n ``(ii) Purchase.--It shall be unlawful for \n an individual under the age of 18 to purchase \n any tobacco and other tobacco product \n containing nicotine. Any individual who \n violates this paragraph for the first time \n shall be fined not more than $100, required to \n perform community service, or required to \n attend education and training in the hazards of \n smoking. Any individual who violates this \n paragraph more than once shall be fined not \n more than $100, required to perform community \n service, and required to attend education and \n training in the hazards of smoking. Such \n education and training shall be funded by the \n fines collected under this paragraph.\n ``(iii) Identification.--It shall be \n unlawful for an individual to present \n identification for the purchase of tobacco and \n other tobacco products containing nicotine \n which is false. Any individual who violates \n this paragraph shall be fined not more than \n $250, required to perform community service, \n and required to attend education and training \n in the hazards of smoking.\n ``(B) Sales of specific products.--It shall be \n unlawful to sell--\n ``(i) individual cigarettes, and\n ``(ii) packages of cigarettes which contain \n less than 20 cigarettes.\n Any person who violates this subsection shall be fined \n in the amount that a person who sells alcoholic \n beverages to a minor is fined under State law.\n ``(C) Vending machines.--No person, firm, \n partnership, company, or corporation shall operate a \n vending machine which dispenses cigarettes or smokeless \n tobacco products unless such vending machine is in a \n location that is in plain view and under the direct \n supervision and control of the individual in charge of \n the location or such individual's designated agent or \n employee, except that this subparagraph shall not apply \n in the case of a vending machine that is located--\n ``(i) at a private club; \n ``(ii) at a bar or bar area of a food \n service establishment;\n ``(iii) at a factory, warehouse, tobacco \n business, or any other place of employment \n which has an insignificant portion of its \n regular workforce comprised of individuals \n under the age of 18 years and only if such \n machines are located in an area that is not \n accessible to the general public;\n ``(iv) in any place if the vending machine \n is equipped with a device which controls the \n sale of tobacco products from the machine to \n individuals under the age of 18; or\n ``(v) in such other location or made \n available in another manner that is expressly \n permitted under applicable State law.\n ``(D) Self-service displays.--It shall be unlawful \n to make tobacco and other tobacco products containing \n nicotine available to individuals under the age of 18 \n in self-service displays which are not under the \n supervision of an individual over the age of 18. Any \n person who violates this subsection shall be fined in \n the amount that a person who sells alcoholic beverages \n to a minor is fined under State law.\n ``(E) Samples.--It shall be unlawful to distribute \n free samples of tobacco and other tobacco products \n containing nicotine to individuals under the age of 18 \n through the mail or otherwise. Any person who violates \n this subparagraph shall be fined in the amount that a \n person who sells alcoholic beverages to a minor is \n fined under State law.\n ``(F) Use of mail.--It shall be unlawful to \n distribute tobacco and other tobacco products \n containing nicotine through the mail to individuals \n under the age of 18. Such tobacco products when \n distributed through the mails is nonmailable matter and \n such distribution shall be penalized in accordance with \n chapter 30 of title 39, United States Code.\n ``(G) General requirements applicable to sales.--\n Tobacco and other tobacco products containing nicotine \n which are offered for sale at retail must be in the \n sight and control of the person responsible for making \n the sales. Any person offering such products for sale \n at retail shall post, in accordance with regulations of \n the State, signs stating the minimum purchase age, \n stating health warnings, and stating the penalties for \n violations of the requirements of this paragraph. Any \n person who violates this subparagraph shall be fined in \n the amount that a person who sells alcoholic beverages \n to a minor is fined under State law.\n ``(H) Notice to employees.--Each owner of a retail \n establishment which sells tobacco and other tobacco \n products containing nicotine shall notify each \n individual employed in the establishment as a retail \n sales clerk that the sale of tobacco and such products \n to individuals under the age of 18 and the purchase by \n such individuals of tobacco and such products are \n prohibited. Such notice shall be provided to such an \n employee before such employee begins work as a retail \n sales clerk or if such work has been begun, within 30 \n days of the date of the enactment of this paragraph. \n Such an employee shall sign a form stating that such \nemployee has been notified of the prohibited acts. Such an owner shall \nretain such forms and make them available to persons conducting \ninspections under this paragraph. An owner who fails to make such \nnotice or retain such a form shall be fined not less than $100 and not \nmore than $250.\n ``(I) Licenses.--No person may engage in the retail \n sale of cigarettes without a license issued for such \n purpose by the State. The license shall be--\n ``(i) issued in accordance with such \n system,\n ``(ii) issued for such fee, and\n ``(iii) issued for such term,\n as the State shall establish. The State shall establish \n penalties (including loss of license) for sales without \n a license and other sales in violation of this \n paragraph.\n ``(J) State responsibilities.--The State shall \n conduct annual random unannounced inspections of over-\n the-counter and vending machine outlets for the sale of \n tobacco and other tobacco products containing nicotine \n to assure that sales of tobacco and other tobacco \n products containing nicotine are being made in \n accordance with this paragraph so that individuals \n under the age of 18 do not have access to tobacco and \n other tobacco products containing nicotine.\n ``(K) Advertising.--\n ``(i) Billboards.--Billboards which \n advertise tobacco and other tobacco products \n containing nicotine may not be placed within \n the line of sight of any individual in a school \n or in an area designated as a playground.\n ``(ii) Brand names and logos.--The brand \n name or logo of a manufacturer of tobacco and \n other tobacco products containing nicotine may \n not be placed on any item marketed specifically \n to minors, including toys and video games.''.\n (b) Conforming Amendments.--Section 1926 of the Public Health \nService Act (42 U.S.C. sec. 300x-26) is amended--\n (1) in subsection (a)(2), by striking ``1993'' and \n inserting ``1997'';\n (2) in subsection (a)(2), by striking ``1994'' and \n inserting ``1998''; and\n (3) in subsection (a)(2), by striking ``1995'' and \n inserting ``1999'';\n (4) in subsection (d)(1), by striking ``1995'' and \n inserting ``1999''; and\n (5) in subsection (d)(2), by striking ``1994'' and \n inserting ``1998''.\n (c) Noncompliance.--Section 1926(c) of the Public Health Service \nAct (42 U.S.C. sec. 300x-26(c)) is amended--\n (1) in paragraph (1), by striking ``10 percent'' and \n inserting ``20 percent'';\n (2) in paragraph (2), by striking ``20 percent'' and \n inserting ``40 percent'';\n (3) in paragraph (3), by striking ``30 percent'' and \n inserting ``60 percent''; and\n (4) in paragraph (4), by striking ``40 percent'' and \n inserting ``80 percent''.\n (d) Enforcement.--Section 1926 of the Public Health Service Act (42 \nU.S.C. sec. 300x-26) is amended by adding at the end thereof the \nfollowing:\n ``(e) Enforcement.--Any amounts made available to a State through a \ngrant under section 1921 may be used to enforce the laws described in \nsubsection (a).''.\n\nSEC. 4. REPORT.\n\n The Secretary of Health and Human Services shall make an annual \nreport to the Congress on the actions taken by the States in compliance \nwith section 1926(a)(1) of the Public Health Service Act as amended by \nsection 3.","summary":"Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18, (2) purchase of those materials by such individuals. (3) use of false identification for the purchase of those materials. (4) sale of individual cigarettes and packages of fewer than 20 cigarettes. (5) operation of a vending machine dispensing such materials unless specified requirements are met, (6) use of unsupervised self-service displays, (7) distribution of free samples to such individuals. And (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.","title":"Youth Smoking Prevention Act of 1995","text_len":13125,"sum_len":1967} {"bill_id":"112_s185","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Child Protection Compact Act of 2011''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) The use of children for commercial sexual exploitation \n is a global phenomenon. Human trafficking affects millions of \n children worldwide.\n (2) Many countries with a high prevalence of trafficking in \n children lack financial resources, legal expertise, technical \n capacity, and other resources to appropriately protect and \n rescue these children, despite a demonstrated political will to \n do so.\n (3) The Department of State's Office to Monitor and Combat \n Trafficking in Persons placed 132 countries, out of 175 \n countries ranked, on Tier 2 or Tier 2 Watch List in its 2010 \n Trafficking in Persons report.\n (4) As a party to the Protocol to Prevent, Suppress and \n Punish Trafficking in Persons, especially Women and Children, \n Supplementing the United Nations Convention Against \n Transnational Organized Crime (the ``Palermo Protocol''), the \n United States has pledged to establish policies and programs to \n prevent and combat trafficking in persons and to protect \n victims of trafficking from revictimization and to share \n information, as appropriate, with law enforcement, immigration \n and other relevant authorities of other states parties with a \n view to combating trafficking in persons.\n (b) Declaration of Purpose.--The purpose of this Act is to provide \nincentives to Tier 2 countries and Tier 2 Watch List countries to \nprotect and rescue children subjected to severe forms of trafficking in \npersons through the establishment of Child Protection Compacts between \nthe United States and select, eligible countries with a significant \nprevalence of trafficking in children, in order to--\n (1) address institutional weaknesses within the government \n that result in the failure to protect vulnerable children and \n to rescue and properly rehabilitate victims;\n (2) increase local government capacity to apprehend \n perpetrators who engage in severe forms of trafficking in \n children and bring perpetrators to justice in national courts \n of law; and\n (3) ensure transparency and accountability in achieving the \n goals stipulated in the Compact over the course of its three-\n year implementation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Ambassador.--The term ``Ambassador'' means the \n Ambassador-at-Large of the Department of State's Office to \n Monitor and Combat Trafficking in Persons.\n (2) Appropriate congressional committees.--Except as \n otherwise provided, the term ``appropriate congressional \n committees'' means the Committee on Foreign Affairs of the \n House of Representatives and the Committee on Foreign Relations \n of the Senate.\n (3) Child protection.--The term ``child protection'' means \n efforts to prevent and respond to violence, exploitation, and \n abuse against children.\n (4) Compact.--The term ``Child Protection Compact'' or \n ``Compact'' means a Child Protection Compact described in \n section 6.\n (5) Minor.--The term ``minor'' means an individual who has \n not attained the age of 18 years.\n (6) National action plan for trafficking.--The term \n ``national action plan for trafficking'' means any strategy or \n long-term plan created by a national government that defines \n specific goals to--\n (A) reduce the number of trafficking victims;\n (B) increase the number of prosecutions of \n traffickers; and\n (C) ensure proper mechanisms to rehabilitate and \n reintegrate survivors of human trafficking.\n (7) National child protection strategy.--The term \n ``national child protection strategy'' means any plan developed \n by a national government in consultation with multilateral \n bodies or nongovernmental organizations, including a plan \n derived from a preexisting process or created as part of a \n Child Protection Compact, that outlines--\n (A) short-term and long-term goals for improving \n child protection and preventing child exploitation \n within a country;\n (B) the government ministries responsible for \n implementation of the plan; and\n (C) how coordination will take place between \n implementing ministries.\n (8) Secretary.--The term ``Secretary'' means the Secretary \n of State.\n (9) Severe forms of trafficking.--The term ``severe forms \n of trafficking in persons'' means--\n (A) sex trafficking in which a commercial sex act \n is induced by force, fraud, or coercion, or in which \n the person induced to perform such act has not attained \n 18 years of age; or\n (B) the recruitment, harboring, transportation, \n provision, or obtaining of a person for labor or \n services, through the use of force, fraud, or coercion \n for the purpose of subjection to involuntary servitude, \n peonage, debt bondage, or slavery.\n (10) Tier 2 countries and tier 2 watch list countries.--The \n terms ``Tier 2 countries'' and ``Tier 2 Watch List countries'' \n mean those countries that the Secretary of State has listed \n pursuant to section 110(b)(1)(B) of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries \n to which the minimum standards set forth in section 108 of that \n Act are applicable and whose governments do not fully comply \n with such standards but are making significant efforts to do \n so.\n\nSEC. 4. AUTHORIZATION OF ASSISTANCE.\n\n (a) Assistance.--Subject to subsection (b), the Secretary is \nauthorized to provide assistance under this section for each country \nthat enters into a Compact with the United States pursuant to section 6 \nto support policies and programs that assist the country to eradicate \nsevere forms of trafficking of children and are in furtherance of the \npurposes of this Act.\n (b) Avoidance of Duplication of Efforts.--To avoid duplication of \nefforts, the Secretary shall exercise the authority of subsection (a) \nonly in coordination with the Administrator of the United States Agency \nfor International Development, the Attorney General, and the Secretary \nof Labor.\n (c) Form of Assistance.--Assistance under this section may be \nprovided in the form of grants, cooperative agreements, or contracts to \nor with eligible entities described in subsection (d). Assistance under \nthis section may not be provided in the form of loans.\n (d) Eligible Entities.--An eligible entity referred to in \nsubsection (c) is--\n (1) the national government of the eligible country;\n (2) regional or local governmental units of the country; or\n (3) a nongovernmental organization or a private entity with \n expertise in the protection of vulnerable children, the \n investigation and prosecution of those who engage in or benefit \n from child trafficking, or rescue of child victims of \n trafficking.\n (e) Number and Amount of Compacts.--Subject to the availability of \nappropriations, the Secretary shall determine the number of Compacts \nbased on the established need of the countries determined to be most \neligible based on the criteria described in section 5. The amount of \nany single Compact shall not exceed a total of $15,000,000.\n (f) Annual Disbursements.--Disbursements shall be made to the \neligible entities on an annual basis pursuant to the terms of the \nrespective Compacts.\n\nSEC. 5. ELIGIBLE COUNTRIES.\n\n (a) Determination by the Secretary.--The Secretary, acting through \nthe Office to Monitor and Combat Trafficking in Persons, shall work in \nconsultation with the Bureau of Democracy, Human Rights, and Labor and \nthe Department of Labor's Bureau of International Labor Affairs, and \nthe relevant offices at the Department of Justice and the United States \nAgency for International Development, to select a country for purposes \nof entering into a Compact based on whether the country meets the \ninitial criteria listed in subsection (b) and the selection criteria \nlisted in subsection (c). The determination pursuant to subsection (c) \nshall be based, to the maximum extent possible, upon objective, \ndocumented, and quantifiable indicators.\n (b) Initial Criteria.--\n (1) In general.--A country may be considered for a Compact \n if--\n (A) the country is eligible for assistance from the \n International Development Association, and the per \n capita income of the country is equal to or less than \n the historical ceiling of the International Development \n Association;\n (B) subject to paragraph (2), the country is not \n ineligible to receive United States economic assistance \n under part I of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2151 et seq.) by reason of the application of \n any provision of the Foreign Assistance Act of 1961 or \n any other provision of law; and\n (C) the country is a Tier 2 country or Tier 2 Watch \n List country.\n (2) Rule of construction.--For the purposes of determining \n whether a country is eligible for receiving assistance under \n paragraph (1), the exercise by the President, the Secretary of \n State, or any other officer or employee of the United States of \n any waiver or suspension of any provision of law referred to in \n such paragraph, and notification to the appropriate \n congressional committees in accordance with such provision of \n law, shall be construed as satisfying the requirement of such \n paragraph.\n (c) Selection Criteria.--A country should be selected for purposes \nof entering into a Compact on the basis of--\n (1) a documented high prevalence of trafficking of children \n within the country; and\n (2) demonstrated political will and sustained commitment by \n the government to undertake meaningful measures to address \n severe forms of trafficking of children, including--\n (A) enactment and enforcement of laws criminalizing \n trafficking in children with punishments commensurate \n with the crime, including, when necessary, against \n complicit government officials;\n (B) cooperation with local and international non-\n governmental organizations with demonstrated expertise \n in combating trafficking in children; and\n (C) the treatment of child trafficking victims in \n accordance with Article 6(3) of the Protocol to \n Prevent, Suppress and Punish Trafficking in Persons, \n Especially Women and Children, Supplementing the United \n Nations Convention Against Transnational Organized \n Crime.\n\nSEC. 6. CHILD PROTECTION COMPACTS.\n\n (a) Compact.--The Secretary, acting through the Ambassador, may \nprovide assistance for a country under this Act only if the country \nenters into an agreement with the United States, to be known as a \n``Child Protection Compact'', that establishes a 3-year plan for \nachieving shared objectives in furtherance of the purposes of this Act.\n (b) Elements.--The Compact should take into account, if applicable, \nexisting national child protection strategies and national action plans \nfor human trafficking of the country and shall contain--\n (1) the specific objectives that the country and the United \n States expect to achieve during the term of the Compact;\n (2) the responsibilities of the country and the United \n States in the achievement of such objectives;\n (3) the particular programs or initiatives to be undertaken \n in the achievement of such objectives and the amount of funding \n to be allocated to each program or initiative;\n (4) regular outcome indicators to monitor and measure \n progress toward achieving such objectives, including indicators \n for each program or initiative;\n (5) a multi-year financial plan, including the estimated \n amount of contributions by the United States and the country, \n if any, and proposed mechanisms to implement the plan and \n provide oversight, that describes how the requirements of \n paragraphs (1) through (4) will be met, including identifying \n the role of civil society in the achievement of such \n requirements;\n (6) where appropriate, a process or processes for \n consideration of solicited proposals under the Compact as well \n as a process for consideration of unsolicited proposals by the \n Secretary and national, regional, or local units of government;\n (7) the strategy of the country to sustain progress made \n toward achieving such objectives after expiration of the \n Compact; and\n (8) a list of civil society and nonprofit organizations \n that the government will partner or consult with to develop and \n sustain the child protection and prosecution capacity in the \n country.\n (c) Assistance for Development of Compact.--Notwithstanding \nsubsection (a), the Secretary may enter into contracts or make grants \nfor any eligible country for the purpose of facilitating the \ndevelopment and implementation of the Compact between the United States \nand the country.\n (d) Definition of Program or Initiative.--In this section, the term \n``program or initiative'' may include the following:\n (1) Evaluation of legal standards and practices and \n recommendations for improvements that will increase the \n likelihood of successful prosecutions.\n (2) Training anti-trafficking police and investigators.\n (3) Building the capacity of domestic non-governmental \n organizations to educate vulnerable populations about the \n danger of severe forms of trafficking and to work with law \n enforcement to identify and rescue victims.\n (4) Creation of victim-friendly courts.\n (5) Development of appropriate after-care facilities for \n rescued victims or other rehabilitation and reintegration \n services for children, which may include education, vocational \n training, and psychosocial counseling, as appropriate.\n (6) Development and maintenance of data collection systems \n to monitor victims.\n (7) Development of regional cooperative plans with \n neighboring countries to prevent cross-border trafficking of \n children and child sex tourism.\n (8) Development of programs and practices that address \n demand, including educational curricula, social marketing \n campaigns, and specific law enforcement activities targeting \n demand.\n\nSEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE.\n\n (a) Suspension and Termination of Assistance.--The Secretary may \nsuspend or terminate assistance in whole or in part for a country or \nentity under section 4 if the Secretary determines that--\n (1) the country or entity is engaged in activities which \n are contrary to the national security interests of the United \n States;\n (2) the country or entity has engaged in a pattern of \n actions inconsistent with the criteria used to determine the \n eligibility of the country or entity, as the case may be; or\n (3) the country or entity has failed to adhere to its \n responsibilities under the Compact.\n (b) Reinstatement.--The Secretary may reinstate assistance for a \ncountry or entity under section 4 only if the Secretary determines that \nthe country or entity has demonstrated a commitment to correcting each \ncondition for which assistance was suspended or terminated under \nsubsection (a).\n (c) Congressional Notification.--Not later than 3 days after the \ndate on which the Secretary suspends or terminates assistance under \nsubsection (a) for a country or entity, or reinstates assistance under \nsubsection (b) for a country or entity, the Secretary shall submit to \nthe appropriate congressional committees a report that contains the \ndetermination of the Secretary under subsection (a) or subsection (b), \nas the case may be.\n\nSEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT.\n\n (a) Congressional Consultation Prior to Compact Negotiations.--Not \nlater than 15 days prior to the start of negotiations of a Compact with \na country, the Secretary--\n (1) shall consult with the appropriate congressional \n committees with respect to the proposed Compact negotiation; \n and\n (2) shall identify the objectives and mechanisms to be used \n for the negotiation of the Compact.\n (b) Congressional Notification After Entering Into a Compact.--Not \nlater than 10 days after entry into force of a Compact with a country, \nthe Secretary shall provide notification of the Compact to the \nappropriate congressional committees, including a detailed summary of \nthe Compact and a copy of the text of the Compact.\n (c) Annual Report.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, and annually thereafter for the next \n 5 years, the President shall transmit to the appropriate \n congressional committees a report on the assistance provided \n under section 4 during the prior fiscal year.\n (2) Matters to be included.--The report shall include the \n following:\n (A) The amount of obligations and expenditures for \n assistance provided to each eligible country during the \n prior fiscal year.\n (B) For each country, an assessment of--\n (i) the progress made during each year by \n the country toward achieving the objectives set \n out in the Compact entered into by the country; \n and\n (ii) the extent to which assistance \n provided under section 4 has been effective in \n helping the country to achieve such objectives.\n\nSEC. 9. SENSE OF CONGRESS.\n\n It is the sense of Congress that, of the total amounts to be \nappropriated for fiscal years 2012 through 2014 for the Department of \nState and foreign operations, up to $30,000,000 should be used to carry \nout the purposes of this Act.","summary":"Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children.","title":"A bill to provide United States assistance for the purpose of eradicating severe forms of trafficking in children in eligible countries through the implementation of Child Protection Compacts, and for other purposes.","text_len":19497,"sum_len":432} {"bill_id":"103_s1937","text":"SECTION 1. SHORT TITLE AND REFERENCES.\n\n (a) Short Title.--That this Act may be cited as the ``Community \nServices Block Grant Amendments of 1994''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nCommunity Services Block Grant Act (42 U.S.C. 9901 et seq.).\n\nSEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM.\n\n (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is \namended to read as follows:\n\n ``community initiative program\n\n ``Sec. 681. (a) Grants.--\n ``(1) Authority.--\n ``(A) In general.--The Secretary is authorized to \n make grants to local, private, nonprofit community \n development corporations, or to enter into contracts or \n cooperative agreements with such community development \n corporations, to plan for and carry out economic \n development activities in economically distressed \n communities.\n ``(B) Economic development activities.--Economic \n development activities under this section shall be \n designed to address the economic needs of low-income \n individuals and families by creating employment and \n business development opportunities and by providing \n support services that are designed to enhance the \n ability of low-income individuals and families to \n successfully avail themselves of such opportunities. In \n addition to any other activities consistent with the \n purposes of this section, such activities may include \n the development of facilities through means such as the \n establishment of partnerships with Head Start agencies, \n agencies or organizations providing child care or \n otherwise engaged in the field of child care or child \n development, and agencies or organizations serving \n children, youth and families.\n ``(2) Consultation.--The Secretary shall exercise the \n authority provided under paragraph (1) in consultation with \n other relevant Federal officials.\n ``(b) Governing Boards.--Each community development corporation \nreceiving funds under this section shall be governed by a board that \nshall consist of residents of the community and business and civic \nleaders.\n ``(c) Annual Statement.--The Secretary shall annually publish a \nstatement of the types of projects or activities for which funding \nunder this section will be a priority, such as projects or activities \ndesigned to strengthen or enhance activities funded by other Federal \nprograms.\n ``(d) Geographic Distribution.--In providing assistance or entering \ninto other arrangements under this section, the Secretary shall take \ninto consideration the geographic distribution of funds among States \nand the relative proportion of funding among rural and urban areas.\n ``(e) Reservation.--Of the amounts made available to carry out this \nsection, the Secretary may reserve not to exceed 1 percent for each \nfiscal year to make grants to private nonprofit organizations or to \nenter into contracts with private nonprofit or for profit organizations \nto provide technical assistance to aid community development \ncorporations in developing or implementing projects funded under this \nsection and to evaluate projects funded under this section.''.\n (b) Repeal.--Section 505 of the Family Support Act of 1988 (42 \nU.S.C. 1315 note) is repealed.\n (c) Conforming Amendments.--\n (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) \n is amended--\n (A) in paragraph (1), by striking ``which remains \n after'' and all that follows through ``allot to each \n State;'' and inserting ``which remains after the \n Secretary makes the apportionment required in \n subsection (b)(1), allot to each State''; and\n (B) in paragraph (2)(A), by striking ``which \n remains after'' and all that follows through \n ``exceeds'' and inserting ``which remains after the \n Secretary makes the apportionment required in \n subsection (b)(1), exceeds''.\n (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is \n amended by striking ``section 681(d)'' and inserting ``section \n 672(b)''.\n (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is \n amended by striking ``section 681(c)'' and inserting ``section \n 681''.\n\nSEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations.--Subsection (b) of section 672 \n(42 U.S.C. 9901(b)) is amended to read as follows:\n ``(b) There are authorized to be appropriated $434,622,000 for \nfiscal year 1995, and such sums as may be necessary for each of fiscal \nyears 1996 through 1998, to carry out the provisions of this \nsubtitle.''.\n (b) Repeals.--\n (1) Community food and nutrition.--Section 681A (42 U.S.C. \n 9910a) is repealed.\n (2) Demonstration partnership agreements.--Section 408 of \n the Human Services Reauthorization Act of 1986 (42 U.S.C. \n 9910b) is repealed.\n\nSEC. 4. ALLOTMENTS.\n\n (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in \nthe section heading to read as follows:\n\n ``allotments''.\n\n (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended--\n (1) by redesignating subsections (a), (b), and (c) as \n subsections (e), (f), and (g), respectively; and\n (2) by inserting before subsection (e) (as so \n redesignated), the following new subsections:\n ``(a) With respect to amounts appropriated under section 672(b), \nthe Secretary shall make allotments in accordance with subsections (b) \nthrough (g).\n ``(b) Of the amounts appropriated pursuant to section 672(b) for \nfiscal year 1995 and each of the following 4 fiscal years, the \nSecretary shall reserve $35,000,000 for each such fiscal year for \ncarrying out section 681.\n ``(c) Of the amounts appropriated pursuant to section 672(b), the \nSecretary may reserve not to exceed one-half of 1 percent of the amount \nremaining after the application of subsection (b) for each of the \nfiscal years 1995 and 1996, and up to 1 percent of such amount for \nfiscal year 1997 and each fiscal year thereafter, for training, \ntechnical assistance, planning, and evaluation activities related to \nprograms or projects carried out under this Act. Such activities may be \ncarried out by the Secretary directly or through grants, contracts, or \ncooperative agreements.\n ``(d) Of the amounts appropriated pursuant to section 672(b), the \nSecretary may reserve not to exceed 2\\1\/2\\ percent of the amount \nremaining after the application of subsection (b) for fiscal year 1995, \nup to 4 percent of such amount for fiscal year 1996, up to 5 percent of \nsuch amount for fiscal year 1997, and up to 6 percent of such amount \nfor fiscal year 1998, for grants, contracts, or cooperative agreements \nto address needs or problems of the poor which are identified by the \nSecretary as priorities in the effort to alleviate the causes of \npoverty.''.\n\nSEC. 5. APPLICATIONS AND REQUIREMENTS.\n\n (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. \n9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and'' \nbefore ``the elderly poor''.\n (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C. \n9904(c)(2)(B)) is amended to read as follows:\n ``(B) if less than 100 percent of the allotment is expended \n under subparagraph (A), provide assurances that with respect to \n the remainder of the allotment a reasonable amount shall be \n used for--\n ``(i) monitoring the activities of eligible \n entities and providing training and technical \n assistance to those entities in need of such \n assistance;\n ``(ii) coordinating State-operated programs and \n services targeted to low-income children and families \n with services provided by eligible entities funded \n under this Act; and\n ``(iii) considering the distribution of funds under \n this Act within the State to determine if such funds \n have been targeted to the areas of highest need and, \n thereafter, not more than the greater of $55,000 or 5 \n percent of its allotment under section 674 for \n administrative expenses at the State level;''.\n (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is \namended--\n (1) by redesignating subparagraphs (A), (B), and (C) as \n clauses (i), (ii), and (iii), respectively;\n (2) by striking the comma after ``provide assurances that'' \n and inserting ``(A)''; and\n (3) by inserting before the semicolon at the end thereof \n ``, and (B) in the case of a public organization receiving \n funds under this subtitle, such organization either establish--\n ``(i) a board of which at least one-third of the \n members are persons chosen in accordance with \n democratic selection procedures adequate to assure that \n they are representative of the poor in the area served; \n or\n ``(ii) another mechanism specified by the State to \n assure citizen participation in the planning, \n administration, and evaluation of projects for which \n such organization has been funded;''.\n (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C. \n9904(c)) is amended--\n (1) in paragraph (11)(B) by striking ``and'' at the end \n thereof;\n (2) in paragraph (12) by striking the period and inserting \n ``; and''; and\n (3) by inserting after paragraph (12) the following new \n paragraph:\n ``(13) secure from each eligible entity as a condition to \n its receipt of funding under this Act a community action plan \n (which shall be available to the Secretary for inspection) that \n includes--\n ``(A) a community needs assessment (including food \n needs);\n ``(B) a description of the service delivery system \n targeted to low-income individuals and families in the \n service area;\n ``(C) a description of how linkages will be \n developed to fill identified gaps in services through \n information, referral, case management, and followup \n consultations;\n ``(D) a description of how funding under this Act \n will be coordinated with other public and private \n resources; and\n ``(E) a description of outcome measures to be used \n to monitor success in promoting self-sufficiency, \n family stability, and community revitalization.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall become effective with respect \nto fiscal years beginning on or after October 1, 1994.","summary":"Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program.","title":"Community Services Block Grant Amendments of 1994","text_len":11735,"sum_len":379} {"bill_id":"105_s596","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Juvenile Corrections Act of 1997''.\n\nSEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE \n OFFENDERS.\n\n (a) Definitions.--In this section--\n (1) the term ``Administrator'' means the Administrator of \n the Office of Juvenile Justice and Delinquency Prevention of \n the Department of Justice;\n (2) the term ``combination'' has the same meaning as in \n section 103 of the Juvenile Justice and Delinquency Prevention \n Act of 1974 (42 U.S.C. 5603);\n (3) the term ``juvenile delinquency program'' has the same \n meaning as in section 103 of the Juvenile Justice and \n Delinquency Prevention Act of 1974 (42 U.S.C. 5603);\n (4) the term ``qualifying State'' means a State that has \n submitted, or a State in which an eligible unit of local \n government has submitted, a grant application that meets the \n requirements of subsections (c) and (e);\n (5) the terms ``secure detention facility'' and ``secure \n correctional facility'' have the same meanings as in section \n 103 of the Juvenile Justice and Delinquency Prevention Act of \n 1974 (42 U.S.C. 5603);\n (6) the term ``State'' means a State, the District of \n Columbia, the Commonwealth of Puerto Rico, the United States \n Virgin Islands, American Samoa, Guam, and the Northern Mariana \n Islands; and\n (7) the term ``unit of local government'' has the same \n meaning as in section 103 of the Juvenile Justice and \n Delinquency Prevention Act of 1974 (42 U.S.C. 5603).\n (b) Authorization of Grants.--The Administrator may make grants to \nStates and units of local government, or combinations thereof, to \nassist them in planning, establishing, and operating secure detention \nfacilities, secure correctional facilities, and other facilities and \nprograms for violent juveniles and serious chronic juvenile offenders \nwho are accused of or who have been adjudicated as having committed one \nor more offenses.\n (c) Applications.--\n (1) In general.--The chief executive officer of a State or \n unit of local government that seeks to receive a grant under \n this section shall submit to the Administrator an application, \n in such form and in such manner as the Administrator may \n prescribe.\n (2) Contents.--Each application submitted under paragraph \n (1) shall--\n (A) provide assurances that each facility or \n program funded with a grant under this section will \n provide appropriate educational and vocational training \n and substance abuse treatment for juvenile offenders; \n and\n (B) provide assurances that each facility or \n program funded with a grant under this section will \n afford juvenile offenders intensive post-release \n supervision and services.\n (d) Minimum Amount.--Of the total amount made available under \nsubsection (g) to carry out this section in any fiscal year--\n (1) except as provided in paragraph (2), each qualifying \n State, together with units of local government within the \n State, shall be allocated not less than 1.0 percent; and\n (2) the United States Virgin Islands, American Samoa, Guam, \n and the Northern Mariana Islands shall each be allocated 0.2 \n percent.\n (e) Performance Evaluation.--\n (1) Evaluation components.--\n (A) In general.--Each facility or program funded \n with a grant under this section shall contain an \n evaluation component developed pursuant to guidelines \n established by the Administrator.\n (B) Outcome measures.--Each evaluation required by \n this subsection shall include outcome measures that can \nbe used to determine the effectiveness of each program funded with \ngrant under this section, including the effectiveness of the program in \ncomparison with other juvenile delinquency programs in reducing the \nincidence of recidivism, and other outcome measures.\n (2) Periodic review and reports.--\n (A) Review.--The Administrator shall review the \n performance of each recipient of a grant under this \n section.\n (B) Reports.--The Administrator may require a grant \n recipient to submit to the Office of Juvenile Justice \n and Delinquency Prevention of the Department of Justice \n the results of the evaluations required under paragraph \n (1) and such other data and information as may be \n reasonably necessary to carry out the Administrator's \n responsibilities under this section.\n (f) Technical Assistance and Training.--The Administrator shall \nprovide technical assistance and training to each recipient of a grant \nunder this section to assist those recipients in achieving the purposes \nof this section.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n (1) $252,700,000 for fiscal year 1998;\n (2) $266,000,000 for fiscal year 1999; and\n (3) $275,310,000 for fiscal year 2000.\n\nSEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.\n\n Section 20108(a)(1) of the Violent Crime Control and Law \nEnforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking \nsubparagraphs (C) through (E) and inserting the following:\n ``(C) $2,274,300,000 for fiscal year 1998;\n ``(D) $2,394,000,000 for fiscal year 1999; and\n ``(E) $2,477,790,000 for fiscal year 2000.''.\n\nSEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE \n CORRECTIONS PROGRAMS.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Administrator shall, after consultation with \nthe National Institute of Justice and other appropriate governmental \nand nongovernmental organizations, submit to Congress a report \nregarding the possible use of performance-based criteria in evaluating \nand improving the effectiveness of juvenile delinquency programs.\n (b) Contents.--The report required under this section shall include \nan analysis of--\n (1) the range of performance-based measures that might be \n utilized as evaluation criteria, including measures of \n recidivism among juveniles who have been incarcerated in a \n secure correctional facility or a secure detention facility, or \n who have participated in a juvenile delinquency program;\n (2) the feasibility of linking Federal juvenile corrections \n funding to the satisfaction of performance-based criteria by \n grantees (including the use of a Federal matching mechanism \n under which the share of Federal funding would vary in relation \n to the performance of a facility or program);\n (3) whether, and to what extent, the data necessary for the \n Office of Juvenile Justice and Delinquency Prevention of the \n Department of Justice to utilize performance-based criteria in \n its administration of juvenile delinquency programs are \n collected and reported nationally; and\n (4) the estimated cost and feasibility of establishing \n minimal, uniform data collection and reporting standards \n nationwide that would allow for the use of performance-based \n criteria in evaluating secure correctional facilities, secure \n detention facilities, and juvenile delinquency programs and in \n administering amounts appropriated for Federal juvenile \n delinquency programs.","summary":"Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses. Sets forth provisions regarding: (1) application requirements, (2) minimum amounts allocated to qualifying States, (3) performance evaluations. And (4) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs.","title":"Juvenile Corrections Act of 1997","text_len":8038,"sum_len":1064} {"bill_id":"115_hr5000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Free to Fly Act''.\n\nSEC. 2. DEFINITIONS.\n\n Section 40102(a) of title 49, United States Code, is amended--\n (1) in paragraph (2) by striking ``citizen of the United \n States'' and inserting ``citizen of the United States, or other \n person organized under the laws of the United States or a \n State, the District of Columbia, or a territory or possession \n of the United States,'';\n (2) in paragraph (15)(C)--\n (A) by striking ``of which the president and at \n least two-thirds of the board of directors'' and \n inserting ``of which the president and at least 51 \n percent of the board of directors''; and\n (B) by striking ``at least 75 percent of the voting \n interest'' and inserting ``at least 51 percent of the \n voting interest'';\n (3) in paragraph (21) by striking ``not a citizen of the \n United States'' and inserting ``who is not organized under the \n laws of the United States or a State, the District of Columbia, \n or a territory or possession of the United States''; and\n (4) in paragraph (26) by striking ``citizen of the United \n States'' and inserting ``citizen of the United States or other \n person organized under the laws of the United States or a \n State, the District of Columbia, or a territory or possession \n of the United States''.\n\nSEC. 3. REQUIREMENT FOR CERTIFICATE.\n\n Section 41101(b) of title 49, United States Code, is amended--\n (1) by striking ``citizen of the United States'' and \n inserting ``citizen of the United States or other person \n organized under the laws of the United States or a State, the \n District of Columbia, or a territory or possession of the \n United States'';\n (2) in paragraph (1) by striking ``citizen'' and inserting \n ``citizen or other person'';\n (3) by redesignating subsection (c) as subsection (d); and\n (4) by inserting after subsection (b) the following:\n ``(c) Additional Requirements for Non-Citizens Operating Certain \nRoutes.--In order for a person who is not a citizen of the United \nStates and who is not a foreign air carrier to be issued and maintain a \ncertificate for air transportation or intrastate air transportation, \nall employees and managing officers, other than the board of directors, \nmust be citizens, nationals, or lawful permanent residents of the \nUnited States, and the person's headquarters and base of operations \nmust be located in the United States.''.\n\nSEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE.\n\n Section 41102 of title 49, United States Code, is amended--\n (1) by striking the subsection heading in subsection (a) \n and inserting ``Issuance to a Citizen'';\n (2) by redesignating subsections (b), (c), and (d) as \n subsections (c), (d), and (e), respectively;\n (3) by inserting after subsection (a) the following:\n ``(b) Issuance to Other Persons.--The Secretary of Transportation \nmay issue a certificate of public convenience and necessity to a person \norganized under the laws of the United States or a State, the District \nof Columbia, or a territory or possession of the United States, of \nwhich more than 49 percent of the board of directors are not citizens \nof the United States, which is not under the actual control of citizens \nof the United States, or in which more than 49 percent of the voting \ninterest is owned or controlled by persons that are not citizens of the \nUnited States, to provide any part of the following air transportation \nthe person has applied for under section 41108 of this title:\n ``(1) Air transportation as an air carrier.\n ``(2) Temporary air transportation as an air carrier for a \n limited period.\n ``(3) Charter air transportation as a charter air \n carrier.'';\n (4) in subsection (c), as redesignated--\n (A) by striking ``under subsection (a)'' each place \n it appears and inserting ``under subsection (a) or \n subsection (b)'' in each such place; and\n (B) by striking ``citizen'' and inserting ``citizen \n or other person''; and\n (5) by striking subsection (e), as redesignated, and \n inserting the following:\n ``(e) Presidential Review of Certain Certificates.--The Secretary \nshall submit each decision to the President under section 41307 of this \ntitle authorizing--\n ``(1) the provision of foreign air transportation; or\n ``(2) the provision of interstate air transportation or \n intrastate air transportation by a person who is not a citizen \n of the United States.''.\n\nSEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY.\n\n Section 41106 of title 49, United States Code, is amended by \nstriking subsection (d) and inserting the following:\n ``(d) Exception.--The Secretary of Defense may contract with an air \ncarrier that does not meet all requirements if--\n ``(1) the Secretary decides that no air carrier holding a \n certificate under section 41102 is capable of providing, and \n willing to provide, the airlift services; or\n ``(2) the Secretary decides to grant a waiver under section \n 9518 of title 10, United States Code, for a person who is not a \n citizen of the United States and who is organized under the \n laws of the United States that has a certificate of public \n convenience and necessity, from the Civil Reserve Air Fleet \n citizenship requirements for the purposes of eligibility and \n participation.''.\n\nSEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE.\n\n Section 41108 of title 49, United States Code, is amended--\n (1) in subsection (a) by striking ``citizen of the United \n States'' and inserting ``citizen of the United States or other \n person organized under the laws of the United States or a \n State, the District of Columbia, or a territory or possession \n of the United States'';\n (2) in subsections (b) and (c) by striking ``citizen'' each \n place it appears and inserting ``citizen or other person'';\n (3) in subsection (b)(3)(A) by striking ``interstate air \n transportation'' and inserting ``interstate air transportation \n provided by a citizen''; and\n (4) in subsection (b)(3)(B) by striking ``foreign air \n transportation'' and inserting ``interstate air transportation \n or intrastate air transportation by a person who is not a \n citizen of the United States, or foreign air transportation,''.\n\nSEC. 7. POTENTIAL REVOCATION OF CERTIFICATE.\n\n Section 41110(a)(2)(B) of title 49, United States Code, is amended \nby striking ``sections 41308-41310(a)'' and inserting ``sections \n41101(c), 41308-41310(a)''.\n\nSEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY.\n\n Section 41112(a) of title 49, United States Code, is amended--\n (1) by striking ``citizen of the United States'' and \n inserting ``citizen of the United States, or other person \n organized under the laws of the United States or a State, the \n District of Columbia, or a territory or possession of the \n United States''; and\n (2) by striking ``citizen'' the second place it appears and \n inserting ``citizen or other person''.\n\nSEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON-\n CITIZENS.\n\n Section 41307 of title 49, United States Code, is amended--\n (1) by striking the section heading and inserting \n ``Presidential review of actions about foreign air \n transportation and air transportation provided by non-\n citizens''; and\n (2) by striking ``to provide foreign air transportation'' \n and inserting ``to provide foreign air transportation, or for a \n person who is not a citizen of the United States to provide air \n transportation or intrastate air transportation''.\n\nSEC. 10. JOINT PRICING.\n\n Section 41503 of title 49, United States Code, is amended by \nstriking ``citizen of the United States'' and inserting ``a citizen of \nthe United States or other person organized under the laws of the \nUnited States or a State, the District of Columbia, or a territory or \npossession of the United States''.\n\nSEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT.\n\n Section 41703(a) of title 49, United States Code, is amended--\n (1) in paragraph (4) by striking the period and inserting \n ``; or''; and\n (2) by adding at the end the following:\n ``(5) if specifically authorized under sections 41102 and \n 41108, and if the airman holds a certificate issued or made \n valid by the Government.''.\n\nSEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL \n RESERVE AIR FLEET.\n\n (a) In General.--Chapter 931 of title 10, United States Code, is \namended by adding at the end the following:\n``Sec. 9518. Non-citizen air carriers: waiver authority\n ``(a) Waiver Authority.--In the case of any air carrier described \nin subsection (b) or any aircraft owned by an air carrier described in \nsubsection (b), the Secretary of Defense may waive any citizenship \nrequirement under this chapter. Any such waiver--\n ``(1) shall be for a period not to exceed two years;\n ``(2) may be revoked at any time by the Secretary; and\n ``(3) may be renewed for an additional two-year period for \n an unlimited number of times.\n ``(b) Air Carrier Described.--An air carrier described in this \nsection is an air carrier--\n ``(1) owned by a person who is not a citizen of the United \n States and who is organized under the laws of the United States \n or a State, territory, or the District of Columbia; and\n ``(2) that holds a certificate of public convenience and \n necessity under section 41102 of title 49.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``9518. Non-citizen air carriers: waiver authority.''.","summary":"Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own US domestic air routes. The foreign carrier may establish US-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire US citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49 non-US citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.","title":"Free to Fly Act","text_len":10511,"sum_len":793} {"bill_id":"108_hr4066","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chickasaw National Recreation Area \nLand Exchange Act of 2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) By provision 64 of the agreement between the United States \n and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, \n 655-56), approved July 1, 1902, 640 acres of property were ceded to \n the United States for the purpose of creating Sulphur Springs \n Reservation, later known as Platt National Park, to protect water \n and other resources and provide public access.\n (2) In 1976, Platt National Park, the Arbuckle Recreation Area, \n and additional lands were combined to create Chickasaw National \n Recreation Area to protect and expand water and other resources as \n well as to memorialize the history and culture of the Chickasaw \n Nation.\n (3) More recently, the Chickasaw Nation has expressed interest \n in establishing a cultural center inside or adjacent to the park.\n (4) The Chickasaw National Recreation Area's Final Amendment to \n the General Management Plan (1994) found that the best location for \n a proposed Chickasaw Nation Cultural Center is within the \n Recreation Area's existing boundary and that the selected cultural \n center site should be conveyed to the Chickasaw Nation in exchange \n for land of equal value.\n (5) The land selected to be conveyed to the Chickasaw Nation \n holds significant historical and cultural connections to the people \n of the Chickasaw Nation.\n (6) The City of Sulphur, Oklahoma, is a key partner in this \n land exchange through its donation of land to the Chickasaw Nation \n for the purpose of exchange with the United States.\n (7) The City of Sulphur, Oklahoma, has conveyed fee simple \n title to the non-Federal land described as Tract 102-26 to the \n Chickasaw Nation by Warranty Deed.\n (8) The National Park Service, the Chickasaw Nation, and the \n City of Sulphur, Oklahoma, have signed a preliminary agreement to \n effect a land exchange for the purpose of the construction of a \n cultural center.\n (b) Purpose.--The purpose of this Act is to authorize, direct, \nfacilitate, and expedite the land conveyance in accordance with the \nterms and conditions of this Act.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act, the following definitions apply:\n (1) Federal land.--The term ``Federal land'' means the \n Chickasaw National Recreational Area lands and interests therein, \n identified as Tract 102-25 on the Map.\n (2) Non-federal land.--The term ``non-Federal land'' means the \n lands and interests therein, formerly owned by the City of Sulphur, \n Oklahoma, and currently owned by the Chickasaw Nation, located \n adjacent to the existing boundary of Chickasaw National Recreation \n Area and identified as Tract 102-26 on the Map.\n (3) Map.--The term ``Map'' means the map entitled ``Proposed \n Land Exchange and Boundary Revision, Chickasaw National Recreation \n Area'', dated September 8, 2003, and numbered 107\/800035a.\n (4) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n\nSEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE.\n\n (a) Land Conveyance.--Not later then 6 months after the Chickasaw \nNation conveys all right, title, and interest in and to the non-Federal \nland to the United States, the Secretary shall convey all right, title, \nand interest in and to the Federal land to the Chickasaw Nation.\n (b) Valuation of Land to Be Conveyed.--The fair market values of \nthe Federal land and non-Federal land shall be determined by an \nappraisal acceptable to the Secretary and the Chickasaw Nation. The \nappraisal shall conform with the Federal appraisal standards, as \ndefined in the Uniform Appraisal Standards for Federal Land \nAcquisitions developed by the Interagency Land Acquisition Conference, \n1992, and any amendments to these standards.\n (c) Equalization of Values.--If the fair market values of the \nFederal land and non-Federal land are not equal, the values may be \nequalized by the payment of a cash equalization payment by the \nSecretary or the Chickasaw Nation, as appropriate.\n (d) Conditions.--\n (1) In general.--Notwithstanding subsection (a), the conveyance \n of the non-Federal land authorized under subsection (a) shall not \n take place until the completion of all items included in the \n Preliminary Exchange Agreement among the City of Sulphur, the \n Chickasaw Nation, and the National Park Service, executed on July \n 16, 2002, except as provided in paragraph (2).\n (2) Exception.--The item included in the Preliminary Exchange \n Agreement among the City of Sulphur, the Chickasaw Nation, and the \n National Park Service, executed on July 16, 2002, providing for the \n Federal land to be taken into trust for the benefit of the \n Chickasaw Nation shall not apply.\n (e) Administration of Acquired Land.--Upon completion of the land \nexchange authorized under subsection (a), the Secretary--\n (1) shall revise the boundary of Chickasaw National Recreation \n Area to reflect that exchange; and\n (2) shall administer the land acquired by the United States in \n accordance with applicable laws and regulations.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Chickasaw National Recreation Area Land Exchange Act of 2004 - Directs the Secretary of the Interior, not later than six months after the Chickasaw Nation conveys all interest in specified non-Federal land , to take specified Federal land into trust for the benefit of the Chickasaw Nation. Requires that the value of the Federal and non-Federal land be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. Directs that if the values of the lands are not equal they may be equalized through a cash equalization payment by the Secretary or the Chickasaw Nation. Conditions the land conveyance on the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, but makes inapplicable the item providing that the Federal land be taken into trust for the benefit of the Chickasaw Nation.","title":"To provide for the conveyance of certain land to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma, and for other purposes.","text_len":5640,"sum_len":929} {"bill_id":"115_s1153","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Acquiring Community Care \nExpect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''.\n\nSEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON-\n DEPARTMENT HEALTH CARE SERVICES TO VETERANS.\n\n (a) In General.--On and after the date that is one year after the \ndate of the enactment of this Act, the Secretary of Veterans Affairs \nshall deny or revoke the eligibility of a health care provider to \nprovide non-Department health care services to veterans if the \nSecretary determines that the health care provider--\n (1) was removed from employment with the Department of \n Veterans Affairs due to conduct that violated a policy of the \n Department relating to the delivery of safe and appropriate \n health care;\n (2) violated the requirements of a medical license of the \n health care provider;\n (3) had a Department credential revoked and the grounds for \n such revocation impacts the ability of the health care provider \n to deliver safe and appropriate health care; or\n (4) violated a law for which a term of imprisonment of more \n than one year may be imposed.\n (b) Permissive Action.--On and after the date that is one year \nafter the date of the enactment of this Act, the Secretary may deny, \nrevoke, or suspend the eligibility of a health care provider to provide \nnon-Department health care services if the Secretary has reasonable \nbelief that such action is necessary to immediately protect the health, \nsafety, or welfare of veterans and--\n (1) the health care provider is under investigation by the \n medical licensing board of a State in which the health care \n provider is licensed or practices;\n (2) the health care provider has entered into a settlement \n agreement for a disciplinary charge relating to the practice of \n medicine by the health care provider; or\n (3) the Secretary otherwise determines that such action is \n appropriate under the circumstances.\n (c) Suspension.--The Secretary shall suspend the eligibility of a \nhealth care provider to provide non-Department health care services to \nveterans if the health care provider is suspended from serving as a \nhealth care provider of the Department.\n (d) Initial Review of Department Employment.--Not later than one \nyear after the date of the enactment of this Act, with respect to each \nhealth care provider providing non-Department health care services, the \nSecretary shall review the status of each such health care provider as \nan employee of the Department and the history of employment of each \nsuch health care provider with the Department to determine whether the \nhealth care provider is described in any of subsections (a) through \n(c).\n (e) Comptroller General Report.--Not later than two years after the \ndate of the enactment of this Act, the Comptroller General of the \nUnited States shall submit to Congress a report on the implementation \nby the Secretary of this section, including the following:\n (1) The aggregate number of health care providers denied or \n suspended under this section from participation in providing \n non-Department health care services.\n (2) An evaluation of any impact on access to health care \n for patients or staffing shortages in programs of the \n Department providing non-Department health care services.\n (3) An explanation of the coordination of the Department \n with the medical licensing boards of States in implementing \n this section, the amount of involvement of such boards in such \n implementation, and efforts by the Department to address any \n concerns raised by such boards with respect to such \n implementation.\n (4) Such recommendations as the Comptroller General \n considers appropriate regarding harmonizing eligibility \n criteria between health care providers of the Department and \n health care providers eligible to provide non-Department health \n care services.\n (f) Non-Department Health Care Services Defined.--In this section, \nthe term ``non-Department health care services'' means services--\n (1) provided under subchapter I of chapter 17 of title 38, \n United States Code, at non-Department facilities (as defined in \n section 1701 of such title);\n (2) provided under section 101 of the Veterans Access, \n Choice, and Accountability Act of 2014 (Public Law 113-146; 38 \n U.S.C. 1701 note);\n (3) purchased through the Medical Community Care account of \n the Department; or\n (4) purchased with amounts deposited in the Veterans Choice \n Fund under section 802 of the\n\n\n \n\n Veterans Access, Choice, and Accountability Act of 2014.\n\n Passed the Senate November 9, 2017.\n\n Attest:\n\n JULIE E. ADAMS,\n\n Secretary.","summary":"Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider.","title":"Veterans Acquiring Community Care Expect Safe Services Act of 2017","text_len":5210,"sum_len":1318} {"bill_id":"110_hr2063","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Food Allergy and Anaphylaxis \nManagement Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) Food allergy is an increasing food safety and public \n health concern in the United States, especially among students.\n (2) Peanut allergy doubled among children from 1997 to \n 2002.\n (3) In a 2004 survey of 400 elementary school nurses, 37 \n percent reported having at least 10 students with severe food \n allergies and 62 percent reported having at least 5.\n (4) Forty-four percent of the elementary school nurses \n surveyed reported that the number of students in their school \n with food allergy had increased over the past 5 years, while \n only 2 percent reported a decrease.\n (5) In a 2001 study of 32 fatal food-allergy induced \n anaphylactic reactions (the largest study of its kind to date), \n more than half (53 percent) of the individuals were aged 18 or \n younger.\n (6) Eight foods account for 90 percent of all food-allergic \n reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, \n wheat, and soy.\n (7) Currently, there is no cure for food allergies; strict \n avoidance of the offending food is the only way to prevent a \n reaction.\n (8) Anaphylaxis is a systemic allergic reaction that can \n kill within minutes.\n (9) Food-allergic reactions are the leading cause of \n anaphylaxis outside the hospital setting, accounting for an \n estimated 30,000 emergency room visits, 2,000 hospitalizations, \n and 150 to 200 deaths each year in the United States.\n (10) Fatalities from anaphylaxis are associated with a \n delay in the administration of epinephrine (adrenaline), or \n when epinephrine was not administered at all. In a study of 13 \n food allergy-induced anaphylactic reactions in school-age \n children (6 fatal and 7 near fatal), only 2 of the children who \n died received epinephrine within 1 hour of ingesting the \n allergen, and all but 1 of the children who survived received \n epinephrine within 30 minutes.\n (11) The importance of managing life-threatening food \n allergies in the school setting has been recognized by the \n American Medical Association, the American Academy of \n Pediatrics, the American Academy of Allergy, Asthma and \n Immunology, the American College of Allergy, Asthma and \n Immunology, and the National Association of School Nurses.\n (12) There are no Federal guidelines concerning the \n management of life-threatening food allergies in the school \n setting.\n (13) Three-quarters of the elementary school nurses \n surveyed reported developing their own training guidelines.\n (14) Relatively few schools actually employ a full-time \n school nurse. Many are forced to cover more than 1 school, and \n are often in charge of hundreds if not thousands of students.\n (15) Parents of students with severe food allergies often \n face entirely different food allergy management approaches when \n their students change schools or school districts.\n (16) In a study of food allergy reactions in schools and \n day-care settings, delays in treatment were attributed to a \n failure to follow emergency plans, calling parents instead of \n administering emergency medications, and an inability to \n administer epinephrine.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) ESEA definitions.--The terms ``local educational \n agency'', ``secondary school'', and ``elementary school'' have \n the meanings given the terms in section 9101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7801).\n (2) School.--The term ``school'' includes public--\n (A) kindergartens;\n (B) elementary schools; and\n (C) secondary schools.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services, in consultation with the \n Secretary of Education.\n\nSEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS \n MANAGEMENT POLICY.\n\n (a) Establishment.--Not later than 1 year after the date of \nenactment of this Act, the Secretary shall--\n (1) develop a policy to be used on a voluntary basis to \n manage the risk of food allergy and anaphylaxis in schools; and\n (2) make such policy available to local educational \n agencies and other interested individuals and entities, \n including licensed child care providers, preschool programs, \n and Head Start, to be implemented on a voluntary basis only.\n (b) Contents.--The voluntary policy developed by the Secretary \nunder subsection (a) shall contain guidelines that address each of the \nfollowing:\n (1) Parental obligation to provide the school, prior to the \n start of every school year, with--\n (A) documentation from the student's physician or \n nurse--\n (i) supporting a diagnosis of food allergy \n and the risk of anaphylaxis;\n (ii) identifying any food to which the \n student is allergic;\n (iii) describing, if appropriate, any prior \n history of anaphylaxis;\n (iv) listing any medication prescribed for \n the student for the treatment of anaphylaxis;\n (v) detailing emergency treatment \n procedures in the event of a reaction;\n (vi) listing the signs and symptoms of a \n reaction; and\n (vii) assessing the student's readiness for \n self-administration of prescription medication; \n and\n (B) a list of substitute meals that may be offered \n to the student by school food service personnel.\n (2) The creation and maintenance of an individual health \n care plan tailored to the needs of each student with a \n documented risk for anaphylaxis, including any procedures for \n the self-administration of medication by such students in \n instances where--\n (A) the students are capable of self-administering \n medication; and\n (B) such administration is not prohibited by State \n law.\n (3) Communication strategies between individual schools and \n local providers of emergency medical services, including \n appropriate instructions for emergency medical response.\n (4) Strategies to reduce the risk of exposure to \n anaphylactic causative agents in classrooms and common school \n areas such as cafeterias.\n (5) The dissemination of information on life-threatening \n food allergies to school staff, parents, and students, if \n appropriate by law.\n (6) Food allergy management training of school personnel \n who regularly come into contact with students with life-\n threatening food allergies.\n (7) The authorization and training of school personnel to \n administer epinephrine when the school nurse is not immediately \n available.\n (8) The timely accessibility of epinephrine by school \n personnel when the nurse is not immediately available.\n (9) Extracurricular programs such as non-academic outings \n and field trips, before- and after-school programs, and school-\n sponsored programs held on weekends that are addressed in the \n individual health care plan.\n (10) The collection and publication of data for each \n administration of epinephrine to a student at risk for \n anaphylaxis.\n (c) Relation to State Law.--Nothing in this Act or the policy \ndeveloped by the Secretary under subsection (a) shall be construed to \npreempt State law, including any State law regarding whether students \nat risk for anaphylaxis may self-administer medication.\n\nSEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES.\n\n The policy developed by the Secretary under section 4(a) and the \nfood allergy management guidelines contained in such policy are \nvoluntary. Nothing in this Act or the policy developed by the Secretary \nunder section 4(a) shall be construed to require a local educational \nagency or school to implement such policy or guidelines.\n\n Passed the House of Representatives April 8, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student. (2) communication with emergency medical services, school staff, parents, and students, (3) reduction of exposure to causative agents of food allergies, (4) food allergy management training. And (5) administration of epinephrine. Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary.","title":"To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a voluntary policy for managing the risk of food allergy and anaphylaxis in schools.","text_len":9168,"sum_len":800} {"bill_id":"106_hr666","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Materials Corridor \nPartnership Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the region adjacent to the 2,000-mile border between \n the United States and Mexico is an important region for energy-\n intensive manufacturing and materials industries critical to \n the economic and social wellbeing of both countries;\n (2) there are currently more than 800 multinational firms \n (including firms known as ``maquiladoras'') representing United \n States investments of more than $1,000,000,000 in the San \n Diego, California, and Tijuana, Baja California, border region \n and in the El Paso, Texas, and Juarez, Chihuahua, border \n region;\n (3) materials and materials-related industries comprise a \n major portion of the industries operating on both sides of the \n border, amounting to more than $6,800,000,000 in annual \n commerce on the Mexican side alone;\n (4) there are a significant number of major institutions in \n the border States of both countries currently conducting \n academic and research activities in materials;\n (5)(A) the United States Government currently invests \n approximately $1,000,000,000 annually in materials research, of \n which, in 1996, the Department of Energy funded the largest \n proportion of civilian materials research; and\n (B) there are also major materials programs at the National \n Science Foundation, the National Institute of Standards and \n Technology, and Department of Defense, among other entities;\n (6) the United States and Mexico have invested heavily in \n domestic and binational cooperative programs to address major \n concerns for the natural resources, environment, and public \n health of the United States-Mexico border region, expending \n hundreds of millions of dollars annually in those efforts;\n (7)(A) scientific and technical advances in materials and \n materials processing provide major opportunities for--\n (i) significantly improving energy efficiency;\n (ii) reducing emissions of global climate change \n gases;\n (iii) using recycled natural resources as primary \n materials for industrial production; and\n (iv) minimizing industrial wastes and pollution; \n and\n (B) such advances will directly benefit both sides of the \n United States-Mexico border by encouraging energy efficient, \n environmentally sound economic development that protects the \n health and natural resources of the border region;\n (8)(A) promoting clean materials industries in the border \n region that are energy efficient has been identified as a high \n priority issue by the United States-Mexico Foundation for \n Science Cooperation; and\n (B) at the 1998 discussions of the United States-Mexico \n Binational Commission, Mexico formally proposed joint funding \n of a ``Materials Corridor Partnership Initiative'', proposing \n $1,000,000 to implement the Initiative if matched by the United \n States;\n (9) recognizing the importance of materials and materials \n processing, academic and research institutions in the border \n States of both the United States and Mexico, in conjunction \n with private sector partners of both countries, and with strong \n endorsement from the Government of Mexico, in 1998 organized \n the Materials Corridor Council to implement a cooperative \n program of materials research and development, education and \n training, and sustainable industrial development as part of the \n Materials Corridor Partnership Initiative; and\n (10) successful implementation of the Materials Corridor \n Partnership Initiative would advance important United States \n energy, environmental, and economic goals not only in the \n United States-Mexico border region but also as a model for \n similar collaborative materials initiatives in other regions of \n the world.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to establish a multiagency program in \nsupport of the Materials Corridor Partnership Initiative referred to in \nsection 2(8) to promote energy efficient, environmentally sound \neconomic development along the United States-Mexico border through the \nresearch, development, and use of new materials technology.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Program.--The term ``program'' means the program \n established under section 5(a).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\nSEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish a \n comprehensive program to promote energy efficient, \n environmentally sound economic development along the United \n States-Mexico border through the research, development, and use \n of new materials technology.\n (2) Considerations.--In developing the program, the \n Secretary shall give due consideration to the proposal made to \n the United States-Mexico Binational Commission for the \n Materials Corridor Partnership Initiative.\n (b) Participation of Other Federal Agencies.--The Secretary shall \norganize and conduct the program jointly with--\n (1) the Department of State;\n (2) the Environmental Protection Agency;\n (3) the National Science Foundation;\n (4) the National Institute of Standards and Technology; and\n (5) any other departments or agencies the participation of \n which the Secretary considers appropriate.\n (c) Participation of the Private Sector.--When appropriate, funds \nmade available under this Act shall be made available for research and \ndevelopment or education and training activities that are conducted \nwith the participation and support of private sector organizations \nlocated in the United States and, subject to section 7(c)(2), Mexico, \nto promote and accelerate in the United States-Mexico border region the \nuse of energy efficient, environmentally sound technologies and other \nadvances resulting from the program.\n (d) Mexican Resource Contributions.--The Secretary shall--\n (1) encourage public, private, nonprofit, and academic \n organizations located in Mexico to contribute significant \n financial and other resources to the program; and\n (2) take any such contributions into account in conducting \n the program.\n (e) Transfer of Technology From National Laboratories.--In \nconducting the program, the Secretary shall emphasize the transfer and \nuse of materials technology developed by the national laboratories of \nthe Department of Energy before the date of enactment of this Act.\n\nSEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.\n\n (a) Activities.--Funds made available under this Act shall be made \navailable for research and development and education and training \nactivities that are primarily focused on materials, and the synthesis, \nprocessing, and fabrication of materials, that promote--\n (1) improvement of energy efficiency;\n (2) elimination or minimization of emissions of global \n climate change gases and contaminants;\n (3) minimization of industrial wastes and pollutants; and\n (4) use of recycled resources as primary materials for \n industrial production.\n (b) Major Program Elements.--\n (1) In general.--The program shall have the following major \n elements:\n (A) Applied research, focused on maturing and \n refining materials technologies to demonstrate the \n feasibility or utility of the materials technologies.\n (B) Basic research, focused on the discovery of new \n knowledge that may eventually prove useful in creating \n materials technologies to promote energy efficient, \n environmentally sound manufacturing.\n (C) Education and training, focused on educating \n and training scientists, engineers, and workers in the \n border region in energy efficient, environmentally \n sound materials technologies.\n (2) Applied research.--Applied research projects under \n paragraph (1)(A) should typically involve significant \n participation from private sector organizations that would use \n or sell such a technology.\n (3) Basic research.--Basic research projects conducted \n under paragraph (1)(B) should typically be led by an academic \n or other research institution.\n\nSEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE \n DEPARTMENT OF ENERGY.\n\n (a) Agreement.--Not later than 120 days after the date of enactment \nof this Act, the Secretary shall enter into an agreement with the \ndepartments and agencies referred to in section 5(b) on the \ncoordination and implementation of the program.\n (b) Actions of Departments and Agencies.--Any action of a \ndepartment or agency under an agreement under subsection (a) shall be \nthe responsibility of that department or agency and shall not be \nsubject to approval by the Secretary.\n (c) Use of Funds.--\n (1) In general.--The Secretary and the departments and \n agencies referred to in section 5(b) may use funds made \n available for the program for research and development or \n education and training activities carried out by--\n (A) State and local governments and academic, \n nonprofit, and private organizations located in the \n United States; and\n (B) State and local governments and academic, \n nonprofit, and private organizations located in Mexico.\n (2) Condition.--Funds may be made available to a State or \n local government or organization located in Mexico only if a \n government or organization located in Mexico (which need not be \n the recipient of the funds) contributes a significant amount of \n financial or other resources to the project to be funded.\n (d) Transfer of Funds.--The Secretary may transfer funds to the \ndepartments and agencies referred to in section 5(b) to carry out the \nresponsibilities of the departments and agencies under this Act.\n\nSEC. 8. PROGRAM ADVISORY COMMITTEE.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish an advisory \n committee consisting of representatives of the private, \n academic, and public sectors.\n (2) Considerations.--In establishing the advisory \n committee, the Secretary shall take into consideration \n organizations in existence on the date of enactment of this \n Act, such as the Materials Corridor Council and the Business \n Council for Sustainable Development-Gulf Mexico.\n (b) Consultation and Coordination.--Departments and agencies of the \nUnited States to which funds are made available under this Act shall \nconsult and coordinate with the advisory committee in identifying and \nimplementing the appropriate types of projects to be funded under this \nAct.\n\nSEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.\n\n (a) In General.--Federal departments and agencies participating in \nthe program may provide financial and technical assistance to other \norganizations to achieve the purpose of the program.\n (b) Applied Research.--\n (1) Use of cooperative agreements.--\n (A) In general.--Federal departments and agencies \n shall, to the extent practicable, use cooperative \n agreements to fund applied research activities by \n organizations outside the Federal Government.\n (B) National laboratories.--In the case of an \n applied research activity conducted by a national \n laboratory, a funding method other than a cooperative \n agreement may be used if such a funding method would be \n more administratively convenient.\n (2) Federal share.--\n (A) In general.--The Federal Government shall pay \n not more than 50 percent of the cost of applied \n research activities under the program.\n (B) Qualified funding and resources.--No funds or \n other resources expended either before the start of a \n project under the program or outside the scope of work \n covered by the funding method determined under \n paragraph (1) shall be credited toward the non-Federal \n share of the cost of the project.\n (c) Basic Research and Education and Training.--\n (1) In general.--Federal departments and agencies shall, to \n the extent practicable, use grants to fund basic research and \n education and training activities by organizations outside the \n Federal Government.\n (2) National laboratories.--In the case of a basic research \n or education activity conducted by a national laboratory, a \n funding method other than a grant may be used if such a funding \n method would be more administratively convenient.\n (3) Federal share.--The Federal Government may fund 100 \n percent of the cost of the basic research and education and \n training activities of the program.\n (d) Competitive Selection.--All projects funded under the program \nshall be competitively selected using such selection criteria as the \nSecretary, in consultation with the departments and agencies referred \nto in section 5(b), determines to be appropriate.\n (e) Accounting Standards.--\n (1) Waiver.--To facilitate participation in the program, \n Federal departments and agencies may waive any requirements for \n Government accounting standards by organizations that have not \n established such standards.\n (2) GAAP.--Generally accepted accounting principles shall \n be sufficient for projects under the program.\n (f) No Construction.--No program funds may be used for \nconstruction.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$5,000,000 for each of fiscal years 2000 through 2004.","summary":"National Materials Corridor Partnership Act of 1999 - Directs the Secretary of Energy to: (1) establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. (2) give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative. (3) organize and conduct the program jointly with designated Federal agencies. And (4) emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy. Mandates that activities funded under this Act be primarily focused upon materials that promote: (1) improved energy efficiency. (2) elimination or minimization of emissions of global climate change gases and contaminants, (3) minimization of industrial wastes and pollutants. And (4) use of recycled resources as primary materials for industrial production. Sets forth guidelines for major program elements and for participation by Federal departments and agencies. Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act. Prescribes financial and technical assistance guidelines. Authorizes appropriations.","title":"National Materials Corridor Partnership Act of 1999","text_len":14933,"sum_len":1486} {"bill_id":"106_hr1228","text":"SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.\n\n (a) Expansion of Definition of a Law Enforcement Officer.--\nParagraph (20) of section 8331 of title 5, United States Code, is \namended by striking ``position.'' and inserting ``position, a revenue \nofficer, a customs inspector, a customs canine enforcement officer, an \nImmigration and Naturalization inspector, a Department of Defense \npolice officer, a Department of Defense Command Investigations Division \ndetective, a Bureau of Engraving and Printing officer, a postal police \nofficer, a Secret Service special officer, a Drug Enforcement \nAdministration diversion investigator, a United States Customs \nOperation Enforcement Officer, and a United States Customs Detection \nSystem Specialist Airborne and Flight Engineer.''.\n (b) Additional Classes of Positions Defined.--Section 8331 of title \n5, United States Code, is amended by striking ``and'' at the end of \nparagraph (26), by striking the period at the end of paragraph (27) and \ninserting a semicolon, and by adding at the end the following:\n ``(28) `revenue officer' means an employee of the Internal \n Revenue Service, the duties of whose position are primarily the \n collection of delinquent taxes and the securing of delinquent \n returns, including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(29) `customs inspector' means an employee of the United \n States Customs Service, the duties of whose position are \n primarily to--\n ``(A) enforce laws and regulations governing the \n importing and exporting of merchandise;\n ``(B) process and control passengers and baggage;\n ``(C) interdict smuggled merchandise and \n contraband; and\n ``(D) apprehend (if warranted) persons involved in \n violations of customs laws,\n including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(30) `customs canine enforcement officer' means an \n employee of the United States Customs Service, the duties of \n whose position are primarily to work directly with a dog in an \n effort to--\n ``(A) enforce laws and regulations governing the \n importing and exporting of merchandise;\n ``(B) process and control passengers and baggage;\n ``(C) interdict smuggled merchandise and \n contraband; and\n ``(D) apprehend (if warranted) persons involved in \n violations of customs laws,\n including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(31) `Immigration and Naturalization inspector' means an \n employee of the Immigration and Naturalization Service, the \n duties of whose position are primarily the controlling and \n guarding of the boundaries and borders of the United States \n against the illegal entry of aliens, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position;\n ``(32) `Department of Defense police officer' means an \n employee of the Department of Defense, the duties of whose \n position are primarily to oversee enforcement of Federal, \n State, county, and municipal statutes, laws, and ordinances, \n and rules and regulations of the Department of the Navy, Army, \n and Air Force pertaining to law enforcement on United States \n military bases, including an employee engaged in this activity \n who is transferred to a supervisory or administrative position;\n ``(33) `Department of Defense Command Investigations \n Division detective' means an employee of the Department of \n Defense, the duties of whose position are primarily to maintain \n investigative and counterintelligence jurisdiction to prepare \nfor an evidentiary foundation for military command action for crimes \ncommitted on military property by military or civilian personnel, \nincluding an employee engaged in this activity who is transferred to a \nsupervisory or administrative position;\n ``(34) `Bureau of Engraving and Printing officer' means an \n employee of the Bureau of Engraving and Printing, the duties of \n whose position are primarily to provide specialized protection \n to the Bureau of Engraving and Printing and to enforce Federal \n laws, Department of the Treasury rules and regulations, and \n local ordinances by investigating criminal activity for \n offenses against the United States, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position;\n ``(35) `postal police officer' means an employee of the \n United States Postal Service, the duties of whose position are \n primarily to provide specialized protection for the United \n States Postal Service and persons and property related to its \n function as authorized under section 1 of the Act of June 1, \n 1948 (popularly known as the `Protection of Public Property \n Act') and other laws, including an employee engaged in this \n activity who is transferred to a supervisory or administrative \n position;\n ``(36) `Secret Service special officer' means an employee \n of the United States Secret Service, the duties of whose \n position are primarily to provide a wide range of security and \n protection support functions within the United States Secret \n Service (such as maintaining designed security posts; travel in \n support of the President, Vice President, and foreign heads of \n state; and providing protective support for major Presidential \n and Vice Presidential candidates, former Presidents, and First \n Ladies), including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(37) `Drug Enforcement Administration diversion \n investigator' means an employee of the Drug Enforcement \n Administration, the duties of whose position are primarily to \n investigate violations of the criminal drug laws of the United \n States by drug manufacturers and distributors, doctors, and \n pharmacists, and to seek Federal prosecution of violators from \n United States Attorneys, including an employee engaged in this \n activity who is transferred to a supervisory or administrative \n position;\n ``(38) `United States Customs Operation Enforcement \n Officer' means an employee of the United States Customs \n Service, the duties of whose position primarily involve \n internal affairs of the United States Customs Service and the \n prevention of corruption by utilizing investigations techniques \n and knowledge of inspectional procedures and processes, as well \n as intelligence research work in enforcing federal laws, \n particularly in the areas of drug interdiction and fraud within \n the United States Customs Service, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position; and\n ``(39) `United States Customs Detection System Specialist \n Airborne and Flight Engineer' means an employee of United \n States Customs Service, the duties of whose position are \n primarily the detection, tracking, and assisting in the \n apprehension of persons suspected or known to be smuggling \n drugs or contraband into the United States, including an \n employee engaged in this activity who is transferred to a \n supervisory or administrative position.''.\n\nSEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.\n\n (a) Expansion of Definition of a Law Enforcement Officer.--\nParagraph (17) of section 8401 of title 5, United States Code, is \namended by striking ``and'' at the end of subparagraph (C), and by \nadding at the end the following:\n ``(E) a revenue officer;\n ``(F) a customs inspector;\n ``(G) a customs canine enforcement officer;\n ``(H) an Immigration and Naturalization inspector;\n ``(I) a Department of Defense police officer;\n ``(J) a Department of Defense Command \n Investigations Division detective;\n ``(K) a Bureau of Engraving and Printing officer;\n ``(L) a postal police officer;\n ``(M) a Secret Service special officer;\n ``(N) a Drug Enforcement Administration diversion \n investigator;\n ``(O) a United States Customs Operation Enforcement \n Officer; and\n ``(P) a United States Customs Detection System \n Specialist Airborne and Flight Engineer;''.\n (b) Additional Classes of Positions Defined.--Section 8401 of title \n5, United States Code, is amended by striking ``and'' at the end of \nparagraph (32), by striking the period at the end of paragraph (33) and \ninserting a period, and by adding at the end the following:\n ``(34) `revenue officer' means an employee of the Internal \n Revenue Service, the duties of whose position are primarily the \n collection of delinquent taxes and the securing of delinquent \n returns, including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(35) `customs inspector' means an employee of the United \n States Customs Service, the duties of whose position are \n primarily to--\n ``(A) enforce laws and regulations governing the \n importing and exporting of merchandise;\n ``(B) process and control passengers and baggage;\n ``(C) interdict smuggled merchandise and \n contraband; and\n ``(D) apprehend (if warranted) persons involved in \n violations of customs laws,\n including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(36) `customs canine enforcement officer' means an \n employee of the United States Customs Service, the duties of \n whose position are primarily to work directly with a dog in an \n effort to--\n ``(A) enforce laws and regulations governing the \n importing and exporting of merchandise;\n ``(B) process and control passengers and baggage;\n ``(C) interdict smuggled merchandise and \n contraband; and\n ``(D) apprehend (if warranted) persons involved in \n violations of customs laws,\n including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(37) `Immigration and Naturalization inspector' means an \n employee of the Immigration and Naturalization Service, the \n duties of whose position are primarily the controlling and \n guarding of the boundaries and borders of the United States \n against the illegal entry of aliens, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position;\n ``(38) `Department of Defense police officer' means an \n employee of the Department of Defense, the duties of whose \n position are primarily to oversee enforcement of Federal, \n State, county, and municipal statutes, laws, and ordinances, \n and rules and regulations of the Department of the Navy, Army, \n and Air Force pertaining to law enforcement on United States \n military bases, including an employee engaged in this activity \n who is transferred to a supervisory or administrative position;\n ``(39) `Department of Defense Command Investigations \n Division detective' means an employee of the Department of \n Defense, the duties of whose position are primarily to maintain \n investigative and counterintelligence jurisdiction to prepare \n for an evidentiary foundation for military command action for \n crimes committed on military property by military or civilian \n personnel, including an employee engaged in this activity who \n is transferred to a supervisory or administrative position;\n ``(40) `Bureau of Engraving and Printing officer' means an \n employee of the Bureau of Engraving and Printing, the duties of \n whose position are primarily to provide specialized protection \n to the Bureau of Engraving and Printing and to enforce Federal \n laws, Department of the Treasury rules and regulations, and \n local ordinances by investigating criminal activity for \n offenses against the United States, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position;\n ``(41) `postal police officer' means an employee of the \n United States Postal Service, the duties of whose position are \n primarily to provide specialized protection for the United \n States Postal Service and persons and property related to its \n function as authorized under section 1 of the Act of June 1, \n 1948 (popularly known as the `Protection of Public Property \n Act') and other laws, including an employee engaged in this \n activity who is transferred to a supervisory or administrative \n position;\n ``(42) `Secret Service special officer' means an employee \n of the United States Secret Service, the duties of whose \n position are primarily to provide a wide range of security and \n protection support functions within the United States Secret \n Service (such as maintaining designed security posts; travel in \n support of the President, Vice President, and foreign heads of \n state; and providing protective support for major Presidential \n and Vice Presidential candidates, former Presidents, and First \n Ladies), including an employee engaged in this activity who is \n transferred to a supervisory or administrative position;\n ``(43) `Drug Enforcement Administration diversion \n investigator' means an employee of the Drug Enforcement \n Administration, the duties of whose position are primarily to \n investigate violations of the criminal drug laws of the United \n States by drug manufacturers and distributors, doctors, and \n pharmacists, and to seek Federal prosecution of violators from \n United States Attorneys, including an employee engaged in this \n activity who is transferred to a supervisory or administrative \n position;\n ``(44) `United States Customs Operation Enforcement \n Officer' means an employee of the United States Customs \n Service, the duties of whose position primarily involve \n internal affairs of the United States Customs Service and the \n prevention of corruption by utilizing investigations techniques \n and knowledge of inspectional procedures and processes, as well \n as intelligence research work in enforcing federal laws, \n particularly in the areas of drug interdiction and fraud within \n the United States Customs Service, including an employee \n engaged in this activity who is transferred to a supervisory or \n administrative position; and\n ``(45) `United States Customs Detection System Specialist \n Airborne and Flight Engineer' means an employee of United \n States Customs Service, the duties of whose position are \n primarily the detection, tracking, and assisting in the \n apprehension of persons suspected or known to be smuggling \n drugs or contraband into the United States, including an \n employee engaged in this activity who is transferred to a \n supervisory or administrative position.''.\n\nSEC. 3. EFFECTIVE DATE; RELATED PROVISIONS.\n\n (a) In General.--The amendments made by this Act shall apply only \nin the case of individuals becoming entitled to an annuity based on a \nseparation from Government service occurring on or after the date of \nenactment of this Act.\n (b) Employee Contributions.--The amendments made by this Act shall \nnot apply with respect to any period of service preceding the date of \nenactment of this Act unless the employee involved (or, if applicable, \nan appropriate survivor) pays into the Civil Service Retirement and \nDisability Fund, in such time and manner as the Office of Personnel \nManagement shall prescribe, an amount equal to the total additional \namounts which should have been deducted and withheld from pay (in \nexcess of amounts actually deducted and not refunded) under chapter 83 \nor 84 of title 5, United States Code, as the case may be, if such \namendments had then been in effect, with interest.\n (c) Agency Contributions.--Not later than 90 days after the date on \nwhich the payment under subsection (b) is made by an individual, the \nappropriate agency shall pay into the Civil Service Retirement and \nDisability Fund any additional amounts (as determined by the Office of \nPersonnel Management) which should have been paid by that agency into \nthe Fund, under applicable provisions of chapter 83 or 84 of title 5, \nUnited States Code (as the case may be), with interest, if the \namendments made by this Act had been in effect during the prior periods \nof service involved.\n (d) Regulations.--The Office of Personnel Management shall \nprescribe any regulations necessary to carry out this Act. Such \nregulations shall include provisions, consistent with section 8334(e) \nof title 5, United States Code, for the computation of interest.","summary":"Amends Federal civil service provisions relating to the Civil Service Retirement System and the Federal Employees Retirement System to expand the definition of law enforcement officer to include : (1) a revenue officer of the Internal Revenue Service, (2) a customs inspector of the US Customs Service. (3) a customs canine enforcement officer of the US Customs Service, (4) an Immigration and Naturalization Service inspector, (5) a Department of Defense police officer, (6) a Department of Defense Command Investigations Division detective, (7) a Bureau of Engraving and Printing officer, (8) a postal police officer, (9) a Secret Service special officer, (10) a Drug Enforcement Administration diversion investigator, (11) a US Customs Operation Enforcement Officer. And (12) a US Customs Detection System Specialist Airborne and Flight Engineer. Prohibits applying the amendments made by this Act with respect to any period of service preceding this Act's enactment unless the employee involved pays into the Civil Service Retirement and Disability Fund an amount equal to the total additional amounts which should have been deducted and withheld from pay if such amendments had then been if effect, with interest. Requires the appropriate agency, no later than 90 days after the date on which such payment is made by an individual, to pay into the Fund any additional amounts which should have been paid by that agency into such Fund, with interest, as if this Act's amendments had been in effect during the prior periods of service involved.","title":"To amend the retirement provisions of title 5, United States Code, to extend to inspectors of the Immigration and Naturalization Service, revenue officers of the Internal Revenue Service, and certain others, the same treatment as is accorded to law enforcement officers.","text_len":18464,"sum_len":1547} {"bill_id":"104_hr2272","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Pension Parity Act of 1995''.\n\nSEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC \n RETIREMENT SYSTEMS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom income) is amended by redesignating section 137 as section 138 and \nby inserting after section 136 the following new section:\n\n``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT \n SYSTEMS.\n\n ``(a) General Rule.--Gross income does not include any amount \n(otherwise includable in gross income) received by an individual as a \nqualified governmental pension.\n ``(b) Limitations.--\n ``(1) Dollar limitation.--The aggregate amount excluded \n under subsection (a) for the taxable year shall not exceed--\n ``(A) the maximum excludable social security \n benefits of the taxpayer for such year, reduced by\n ``(B) the social security benefits (within the \n meaning of section 86(d)) received by the taxpayer \n during such year which were excluded from gross income.\n ``(2) Service requirement.--Subsection (a) shall not apply \n to any qualified governmental pension received by the taxpayer \n during the taxable year unless the taxpayer (or the spouse or \n former spouse of the taxpayer) performed the service giving \n rise to such pension.\n ``(c) Definitions.--For purposes of this section:\n ``(1) Qualified governmental pension.--The term `qualified \n governmental pension' means any pension or annuity received \n under a public retirement system to the extent such pension or \n annuity is not attributable to service--\n ``(A) which constitutes employment for purposes of \n chapter 21 (relating to the Federal Insurance \n Contributions Act), or\n ``(B) which is covered by an agreement made \n pursuant to section 218 of the Social Security Act.\n ``(2) Maximum excludable social security benefits.--The \n term `maximum excludable social security benefits' means an \n amount equal to so much of the applicable maximum benefit \n amount for the taxpayer for the taxable year which would be \n excluded from gross income if such benefit amount were treated \n as social security benefits (within the meaning of section \n 86(d)) received during the taxable year.\n ``(3) Applicable maximum benefit amount.--The term \n `applicable maximum benefit amount' means--\n ``(A) in the case of an unmarried individual, the \n maximum individual social security benefit,\n ``(B) in the case of a joint return, 150 percent of \n the maximum individual social security benefit, or\n ``(C) in the case of a married individual filing a \n separate return, 75 percent of the maximum individual \n social security benefit.\n For purposes of the preceding sentence, marital status shall be \n determined under section 7703.\n ``(4) Maximum individual social security benefit.--\n ``(A) In general.--The term `maximum individual \n social security benefit' means, with respect to any \n taxable year, the maximum total amount (as certified by \n the Commissioner of Social Security to the Secretary) \n which could be paid for all months in the calendar year \n ending in the taxable year as old-age insurance \n benefits under section 202(a) of the Social Security \n Act (without regard to any reduction, deduction, or \n offset under section 202(k) or section 203 of such Act) \n to any individual who attained retirement age (as \n defined in section 216(l)), and filed application for \n such benefits, on the first day of such calendar year.\n ``(B) Part years.--In the case of an individual who \n receives a qualified governmental pension with respect \n to a period of less than a full taxable year, the \n maximum individual social security benefit for such \n individual for such year shall be reduced as provided \n in regulations prescribed by the Secretary to properly \n correspond to such period.\n ``(5) Public retirement system.--The term `public \n retirement system' means any pension, annuity, retirement, or \n similar fund or system established by the United States, a \n State, a possession of the United States, any political \n subdivision of any of the foregoing, or the District of \n Columbia.''\n (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of \nsuch Code (defining modified adjusted gross income) is amended by \ninserting ``137,'' before ``911''.\n (c) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code (relating to items specifically \nexcluded from income) is amended by redesignating the item relating to \nsection 137 as section 138 and by inserting after the item relating to \nsection 136 the following new item:\n\n ``Sec. 137. Certain pensions and \n annuities under public \n retirement systems.''\n (d) Effective Date.--The amendments made by this Act shall apply to \ntaxable years beginning after the date of the enactment of this Act.","summary":"Public Pension Parity Act of 1995 - Amends the Internal Revenue Code to: (1) exclude from gross income any amount received by an individual as a qualified governmental pension which does not exceed the maximum excludable social security benefits of the taxpayer for such year reduced by the social security benefits received during such year which were excluded from gross income. And (2) prohibit applying clause (1) to any qualified governmental pension received during the taxable year unless the taxpayer performed the service giving rise to such pension. Defines the term maximum excludable social security benefits.","title":"Public Pension Parity Act of 1995","text_len":5869,"sum_len":621} {"bill_id":"112_hr1402","text":"SECTION 1. BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN \nPARKING AREAS UNDER THE JURISDICTION OF THE HOUSE OF REPRESENTATIVES AT \nNO NET COST TO THE FEDERAL GOVERNMENT.\n (a) Definition.--In this Act, the term ``covered employee'' means--\n (1) an employee whose pay is disbursed by the Chief \n Administrative Officer of the House of Representatives; or\n (2) any other individual who is authorized to park in any \n parking area under the jurisdiction of the House of Representatives \n on Capitol Grounds.\n (b) Authority.--\n (1) In general.--Subject to paragraph (3), funds appropriated \n to the Architect of the Capitol under the heading ``Capitol Power \n Plant'' under the heading ``ARCHITECT OF THE CAPITOL'' in any \n fiscal year are available to construct, operate, and maintain on a \n reimbursable basis battery recharging stations in parking areas \n under the jurisdiction of the House of Representatives on Capitol \n Grounds for use by privately owned vehicles used by Members of the \n House of Representatives (including the Delegates or Resident \n Commissioner to the Congress) or covered employees.\n (2) Vendors authorized.--In carrying out paragraph (1), the \n Architect of the Capitol may use 1 or more vendors on a commission \n basis.\n (3) Approval of construction.--The Architect of the Capitol may \n construct or direct the construction of battery recharging stations \n described under paragraph (1) after--\n (A) submission of written notice detailing the numbers and \n locations of the battery recharging stations to the Committee \n on House Administration of the House of Representatives; and\n (B) approval by that Committee.\n (c) Fees and Charges.--\n (1) In general.--Subject to paragraph (2), the Architect of the \n Capitol shall charge fees or charges for electricity provided to \n Members and covered employees sufficient to cover the costs to the \n Architect of the Capitol to carry out this section, including costs \n to any vendors or other costs associated with maintaining the \n battery recharging stations.\n (2) Approval of fees or charges.--The Architect of the Capitol \n may establish and adjust fees or charges under paragraph (1) \n after--\n (A) submission of written notice detailing the amount of \n the fee or charge to be established or adjusted to the \n Committee on House Administration of the House of \n Representatives; and\n (B) approval by that Committee.\n (d) Deposit and Availability of Fees, Charges, and Commissions.--\nAny fees, charges, or commissions collected by the Architect of the \nCapitol under this section shall be--\n (1) deposited in the Treasury to the credit of the \n appropriations account described under subsection (b); and\n (2) available for obligation without further appropriation \n during--\n (A) the fiscal year collected; and\n (B) the fiscal year following the fiscal year collected.\n (e) Reports.--\n (1) In general.--Not later than 30 days after the end of each \n fiscal year, the Architect of the Capitol shall submit a report on \n the financial administration and cost recovery of activities under \n this section with respect to that fiscal year to the Committee on \n House Administration of the House of Representatives.\n (2) Avoiding subsidy.--\n (A) Determination.--Not later than 3 years after the date \n of enactment of this Act and every 3 years thereafter, the \n Architect of the Capitol shall submit a report to the Committee \n on House Administration of the House of Representatives \n determining whether Members (including any Delegate or Resident \n Commissioner to Congress) and covered employees using battery \n charging stations as authorized by this Act are receiving a \n subsidy from the taxpayers.\n (B) Modification of rates and fees.--If a determination is \n made under subparagraph (A) that a subsidy is being received, \n the Architect of the Capitol shall submit a plan to the \n Committee on House Administration of the House of \n Representatives on how to update the program to ensure no \n subsidy is being received. If the committee does not act on the \n plan within 60 days, the Architect of the Capitol shall take \n appropriate steps to increase rates or fees to ensure \n reimbursement for the cost of the program consistent with an \n appropriate schedule for amortization, to be charged to those \n using the charging stations.\n (f) Effective Date.--This Act shall apply with respect to fiscal \nyear 2011 and each fiscal year thereafter.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Makes funds appropriated to the Architect of the Capitol (AOC) for the Capitol power plant in any fiscal year available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol grounds for use by privately owned vehicles used by: (1) Members of the House, or (2) employees whose pay is disbursed by the Chief Administrative Officer of the House or any other individuals authorized to park in any parking area under House jurisdiction on Capitol grounds . Requires the Architect to charge Members and covered employees fees for the electricity sufficient to cover costs, including those to any vendors or other costs associated with maintaining the battery recharging stations. Requires the AOC to report triennially to the Committee on House Administration on whether or not individuals using the battery charging stations receive a subsidy from the taxpayers, and, if so, to submit a plan to the Committee to update the program to ensure that no subsidy is being received. Requires the AOC, if the Committee fails to act on the plan within 60 days, to take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program.","title":"To authorize the Architect of the Capitol to establish battery recharging stations for privately owned vehicles in parking areas under the jurisdiction of the House of Representatives at no net cost to the Federal Government.","text_len":5075,"sum_len":1268} {"bill_id":"115_hr6729","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Empowering Financial Institutions to \nFight Human Trafficking Act of 2018''.\n\nSEC. 2. ANTI-MONEY LAUNDERING INFORMATION PROVIDERS.\n\n (a) In General.--Subchapter II of chapter 53 of title 31, United \nStates Code, is amended by adding at the end the following:\n``Sec. 5333. Anti-money laundering information providers\n ``(a) Cooperation Among Financial Institutions and Sources of \nInformation on Human Trafficking and Money Laundering.--\n ``(1) In general.--Not later than the end of the 120-day \n period beginning on the date of enactment of this section, the \n Secretary of the Treasury shall issue regulations to allow \n nonprofit organizations that the Secretary determines to be \n qualified to share information with financial institutions, \n associations of financial institutions, their regulatory \n authorities, and law enforcement agencies regarding \n individuals, entities, organizations, and countries suspected \n of possible human trafficking or related money laundering \n activities.\n ``(2) Cooperation and information sharing procedures.--The \n regulations required under paragraph (1) may include or create \n procedures for cooperation and information sharing focused on--\n ``(A) matters specifically related to those \n benefitting directly and indirectly from human \n trafficking, the means by which human traffickers \n transfer funds within the United States and around the \n world, and the extent to which financial institutions, \n including depository institutions, asset managers, and \n insurers in the United States, are unwittingly involved \n in such matters or transfers and the extent to which \n such entities are at risk as a result; and\n ``(B) means of facilitating the identification of \n accounts and transactions involving human traffickers \n and facilitating the exchange of information concerning \n such accounts and transactions between nonprofit \n organizations, financial institutions, regulatory \n authorities, and law enforcement agencies.\n ``(3) Method of regulation.--The regulations required under \n paragraph (1) may--\n ``(A) be made coextensive with the regulations \n adopted pursuant to other programs, regulated by the \n Secretary, for sharing information on unlawful \n activities between financial institutions;\n ``(B) establish a registration process overseen by \n the Secretary that--\n ``(i) requires a nonprofit organization to \n demonstrate that they meet certain \n qualifications that the Secretary determines \n appropriate, including the establishment of \n policies and procedures reasonably designed to \n ensure the prompt identification and correction \n of inaccurate information shared under \n paragraph (1);\n ``(ii) allows the Secretary to disqualify \n nonprofit organizations that do not meet such \n qualifications; and\n ``(iii) allows the Secretary to terminate \n the registration of a nonprofit organization at \n any point if the Secretary determines such \n termination is appropriate and provides \n sufficient notice of such termination to the \n applicable nonprofit organization;\n ``(C) require a nonprofit organization to register \n with the Secretary before sharing information that will \n be subject to the safe harbor provided under subsection \n (b); and\n ``(D) ensure that financial institutions, \n associations of financial institutions, their \n regulatory authorities, law enforcement authorities, \n and any other appropriate entities are made aware of \n those nonprofit organizations that are registered with \n the Secretary.\n ``(4) Recipients of information.--\n ``(A) In general.--The Secretary shall determine \n those financial institutions which are eligible to be \n recipients of information from nonprofit organizations \n made in compliance with the regulations issued under \n subsection (a). Such eligible financial institutions \n may include those already participating in existing \n information sharing programs regulated by the Secretary \n regarding unlawful activity.\n ``(B) No safe harbor for information provided to \n other financial institutions.--If a nonprofit \n organization shares information with a financial \n institution that is not eligible under subparagraph \n (A), such sharing of information shall not be subject \n to the safe harbor provided under subsection (b).\n ``(5) Information sharing between financial institutions.--\n The regulations adopted pursuant to this section--\n ``(A) may be coextensive with other regulations \n governing the sharing of information between financial \n institutions on suspected unlawful activities; and\n ``(B) shall allow financial institutions that \n receive information in compliance with the regulations \n issued under subsection (a) to share such information \n with other financial institutions through existing \n information sharing programs.\n ``(b) Safe Harbor for Information Providers.--\n ``(1) In general.--A nonprofit organization, financial \n institution, association of financial institutions, regulatory \n authority of a financial institution, or law enforcement agency \n in compliance with the regulations issued under subsection (a) \n that transmits or shares information described under subsection \n (a) for the purposes of identifying or reporting activities \n that may involve human trafficking acts or related money \n laundering activities shall not be liable to any person under \n any law or regulation of the United States, any constitution, \n law, or regulation of any State or political subdivision \n thereof, or under any contract or other legally enforceable \n agreement (including any arbitration agreement), for such \n disclosure or for any failure to provide notice of such \n disclosure to the person who is the subject of such disclosure, \n or any other person identified in the disclosure, except where \n such transmission or sharing violates this section or \n regulations issued pursuant to this section.\n ``(2) No good faith requirement.--A nonprofit organization, \n financial institution, association of financial institutions, \n regulatory authority of a financial institution, or law \n enforcement agency that transmits or shares information \n described under paragraph (1) shall not be required to \n demonstrate that such transmission or sharing was made on a \n good faith basis in order to receive the benefit of the safe \n harbor provided by paragraph (1).\n ``(c) Non-Mandatory Compliance With This Section.--This section may \nnot be construed as requiring a nonprofit organization to comply with \nthe regulations issued under subsection (a) before sharing information \nwith a financial institution, association of financial institutions, \nregulatory authority of a financial institution, or law enforcement \nagency.\n ``(d) Reports to the Financial Services Industry on Suspicious \nFinancial Activities.--Beginning 10 months after the date of the \nenactment of this section, and at least semiannually thereafter, the \nSecretary of the Treasury shall--\n ``(1) publish a report containing a detailed analysis \n identifying patterns of suspicious activity and other \n investigative insights derived from the regulations issued \n under this section and investigations conducted by Federal, \n State, local, and Tribal law enforcement agencies to the extent \n appropriate;\n ``(2) distribute such report to financial institutions; and\n ``(3) provide such report upon publication to the Committee \n on Financial Services of the House of Representatives and the \n Committee on Banking, Housing, and Urban Affairs of the Senate.\n ``(e) Nonprofit Organization Defined.--For purposes of this \nsection, the term `nonprofit organization' means an organization \ndescribed in section 501(c)(3) of the Internal Revenue Code of 1986 and \nexempt from taxation under section 501(a) of such Code.''.\n (b) Clerical Amendment.--The table of contents for chapter 53 of \ntitle 31, United States Code, is amended by inserting after the item \nrelating to section 5332 the following:\n\n``5333. Anti-money laundering information providers.''.\n\n Passed the House of Representatives September 26, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Empowering Financial Institutions to Fight Human Trafficking Act of 2018 This bill allows a qualified nonprofit organization to share information with financial institutions and other authorities regarding possible human trafficking or related money laundering activities. The Department of the Treasury must determine which financial institutions are eligible to receive this information. Nonprofit organizations, financial institutions, and other authorities shall not be held liable for sharing this information in compliance with specified regulations.","title":"Empowering Financial Institutions to Fight Human Trafficking Act of 2018","text_len":9932,"sum_len":556} {"bill_id":"115_hr167","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teacher Victims' Family Assistance \nAct of 2017''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The term ``victim'' means a teacher, administrator, \n employee, or paid or unpaid staff member of a public or private \n elementary or secondary school in the United States who was \n killed as a result of an act of violence committed by another \n person while performing school duties.\n (2) The term ``surviving spouse'' means the spouse of the \n victim, as determined under applicable State law, at the time \n of the victim's death.\n (3) The term ``dependent child'' means a son or daughter of \n the victim (whether natural or adopted) who is under 25 years \n old.\n (4) The term ``institution of higher education'' has the \n meaning given that term in section 102 of the Higher Education \n Act of 1965 (20 U.S.C. 1002).\n (5) The term ``cost of attendance'' has the meaning given \n that term in section 472 of the Higher Education Act of 1965 \n (20 U.S.C. 1087ll).\n (6) The term ``Secretary'' means the Secretary of \n Education.\n\nSEC. 3. TEACHER VICTIM FAMILY ASSISTANCE.\n\n The Secretary of Education shall provide to each applicable \nrecipient the following amounts and forms of assistance:\n (1) Funeral assistance.--A payment of up to $1,500 to the \n surviving spouse, dependent child, or other next of kin, as \n determined by the Secretary, to assist with any funeral \n expenses of the victim.\n (2) Death benefit.--A payment of $75,000 to the surviving \n spouse, dependent child, or other next of kin, as determined by \n the Secretary.\n (3) Living assistance.--Beginning one year after the date \n of death of the victim, a payment of--\n (A) $900 per month to the surviving spouse, until \n the earlier of the spouse's death or remarriage; and\n (B) $225 per month to each dependent child, until \n reaching the age of 18 years.\n (4) Dependent undergraduate education assistance.--\n (A) In general.--For each dependent child enrolled \n or accepted for enrollment in a part-time or full-time \n program of undergraduate instruction at an institution \n of higher education, an annual amount not to exceed the \n lesser of $7,500 or half the total annual cost of \n attendance at such institution.\n (B) Relation to other assistance.--Assistance \n provided under this paragraph shall not be considered \n for the purpose of awarding Federal assistance under \n title IV of the Higher Education Act of 1965 (20 U.S.C. \n 1070 et seq.), except that in no case shall the sum of \n the total amount of student financial assistance \n awarded to a dependent child under such title and the \n amount of assistance provided under this paragraph \n exceed the child's total cost of attendance.\n (C) Duration of assistance.--A dependent child may \n receive assistance under this paragraph for not more \n than a total of 5 years.\n (D) Good standing required.--The dependent child \n must maintain good standing at the institution in order \n to receive assistance under this paragraph.\n (E) Effect of parental death or remarriage.--The \n death or remarriage of the surviving spouse does not \n affect a dependent child's eligibility for assistance \n under this paragraph.\n\nSEC. 4. TAX PROVISIONS RELATING TO ELEMENTARY OR SECONDARY SCHOOL STAFF \n MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING \n SCHOOL DUTIES.\n\n (a) Teacher's Wages in Year of Death Excluded From Income.--\n (1) In general.--Part II of subchapter J of chapter 1 of \n the Internal Revenue Code of 1986 is amended by adding at the \n end the following new section:\n\n``SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY SCHOOL STAFF \n MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING \n SCHOOL DUTIES.\n\n ``In the case of any individual who is a victim (as defined by \nsection 2(1) of the Teacher Victims' Family Assistance Act of 2017), \nany tax imposed by this subtitle on any amount received by such \nindividual by reason of school employment shall not apply with respect \nto the taxable year in which falls the date of death of the \nindividual.''.\n (2) Clerical amendment.--The table of sections for part II \n of subchapter J of chapter 1 of such Code is amended by \n inserting at the end the following new item:\n\n``Sec. 693. Income taxes of elementary or secondary school staff \n members killed in an act of violence while \n performing school duties.''.\n (b) Exclusion of Teacher Victim Family Assistance.--\n (1) In general.--Part III of subchapter B of chapter 1 of \n such Code (relating to items specifically excluded from gross \n income) is amended by inserting after section 139F the \n following new section:\n\n``SEC. 139G. TEACHER VICTIM FAMILY ASSISTANCE.\n\n ``In the case of an individual, gross income does not include any \namount received in a taxable year under section 2 of the Teacher \nVictims' Family Assistance Act of 2017.''.\n (2) Clerical amendment.--The table of sections for such \n part is amended by inserting after the item relating to section \n 139F the following new item:\n\n``Sec. 139G. Teacher victim family assistance.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2016.\n\nSEC. 5. TEACHER VICTIMS' FAMILY FUND.\n\n (a) Establishment.--Subchapter A of chapter 98 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following:\n\n``SEC. 9512. TEACHER VICTIMS' FAMILY TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Teacher Victims' \nFamily Trust Fund' (referred to in this section as the `Trust Fund'), \nconsisting of such amounts as may be appropriated or credited to the \nTrust Fund as provided in this section or section 9602(b).\n ``(b) Transfers to Trust Fund.--There is hereby appropriated to the \nTrust Fund an amount equivalent to the increase in revenues received in \nthe Treasury by reason of the increase in tax imposed under section \n4181 by the Teacher Victims' Family Assistance Act of 2017.\n ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust \nFund shall be available, as provided in appropriation Acts, to carry \nout section 3 of the Teacher Victims' Family Assistance Act of 2017.''.\n (b) Increase in Excise Tax on Ammunition.--Section 4181 of such \nCode is amended--\n (1) by striking ``Shells, and cartridges.'', and\n (2) by adding at the end the following:\n ``Articles taxable at 13 percent--\n ``Shells, and cartridges.''.\n (c) Conforming Amendments.--\n (1) Subsection (a) of section 3 of the Pittman-Robertson \n Wildlife Restoration Act (16 U.S.C. 669b) is amended by adding \n at the end the following new paragraph:\n ``(3) Paragraph (1) shall not apply to so much of the \n revenues accruing under section 4181 of the Internal Revenue \n Code of 1986 as are attributable to the increase in tax imposed \n under section 4181 by the Teacher Victims' Family Assistance \n Act of 2017.''.\n (2) The table of sections for subchapter A of chapter 98 of \n such Code is amended by adding at the end the following:\n\n``Sec. 9512. Teacher Victims' Family Trust Fund.''.\n (d) Effective Date.--\n (1) Except as provided by paragraph (2), the amendments \n made by this section shall take effect on the date of the \n enactment of this Act.\n (2) The amendment made by subsection (b) shall apply to \n articles sold after the date of the enactment of this Act.\n\nSEC. 6. ELIGIBILITY FOR PUBLIC SAFETY OFFICER DEATH BENEFITS.\n\n For purposes of part L of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3796 et seq.)--\n (1) a victim shall be deemed to be a public safety officer \n who has died as the direct and proximate result of a personal \n injury sustained in the line of duty;\n (2) the surviving spouse of the victim shall be deemed to \n be the surviving spouse of such a public safety officer; and\n (3) the dependent child of the victim shall be deemed to be \n the surviving child of such a public safety officer.\n\nSEC. 7. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS OTHER BENEFITS.\n\n No assistance provided under this Act may supplant any benefit or \nother compensation paid or payable to the surviving spouse, dependent \nchild, or other next of kin of the victim by the victim's employer, \nschool, school district, or local or State government, or by any \ninsurance coverage of the victim.","summary":"Teacher Victims' Family Assistance Act of 2017 This bill directs the Department of Education to provide assistance to the immediate families of teachers or other elementary and secondary school employees who are killed by another person's violent act while performing school duties. Such assistance includes funeral assistance, a death benefit, living assistance, and undergraduate education assistance for dependents. The bill amends the Internal Revenue Code to exempt from income tax: (1) the victim's compensation from school employment in the year of death, and (2) the victim's family assistance. The bill also establishes the Teacher Victims' Family Trust Fund funded with an excise tax increase on ammunition.","title":"Teacher Victims\u2019 Family Assistance Act of 2017","text_len":9510,"sum_len":717} {"bill_id":"105_hr3110","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Skilled Workforce Enhancement Act of \n1998''.\n\nSEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED \n METALWORKING TRADES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45D. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED \n METALWORKING TRADES.\n\n ``(a) General Rule.--For purposes of section 38, the highly skilled \nmetalworking trades training credit determined under this section is an \namount equal to 80 percent of the training expenses paid or incurred by \nthe taxpayer during the training period with respect to each qualified \ntrained employee of the taxpayer. Twenty percent of the credit \ndetermined under the preceding sentence shall be taken into account \nunder section 38 for each of the first 5 taxable years after the \ntaxable year in which the training period ends.\n ``(b) Limitations.--\n ``(1) Maximum credit per employee.--The total amount of \n credit determined under this section with respect to each \n qualified trained employee for all taxable years shall not \n exceed $100,000.\n ``(2) Employer must be small employer.--Training expenses \n may be taken into account under subsection (a) only if the \n taxpayer is a small employer for the taxable year in which such \n expenses are paid or incurred.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified trained employee.--\n ``(A) In general.--The term `qualified trained \n employee' means any employee (or former employee) of \n the taxpayer if--\n ``(i) the employee received at least 8,000 \n hours of training (including on-the-job \n training) from the taxpayer (or any \n predecessor) during the training period as an \n apprentice in any highly skilled metalworking \n trade, and\n ``(ii) the employee is employed by the \n taxpayer in a journeyman capacity in any highly \n skilled metalworking trade on a full-time basis \n throughout at least the 1-year period beginning \n at the end of such employee's training period.\n ``(B) Highly skilled metalworking trades.--For \n purposes of subparagraph (A), the term `highly skilled \n metalworking trades' means the trades traditionally \n recognized as such, including precision machinists, die \n makers, mold makers, and tool and die designers in the \n tooling and machining industry.\n ``(2) Training expenses.--\n ``(A) In general.--The term `training expenses' \n means wages paid or incurred to an employee of the \n taxpayer for services performed in a highly skilled \n metalworking trade while the employee is an apprentice \n in such trade.\n ``(B) Wages.--The term `wages' has the meaning \n given such term by section 3401(a).\n ``(3) Training period.--The term `training period' means \n the period of 4 years beginning on the date that the employee \n begins employment with the taxpayer as an apprentice in a \n highly skilled metalworking trade.\n ``(4) Small employer.--\n ``(A) In general.--The term `small employer' means, \n with respect to any taxable year, any employer who \n employed an average of 500 or fewer employees on \n business days during such taxable year.\n ``(B) Controlled groups.--For purposes of \n subparagraph (A), all persons treated as a single \n employer under subsection (b), (c), (m), or (o) of \n section 414 shall be treated as 1 employer.\n ``(d) Coordination With Other Credits.--Wages taken into account \nunder subsection (a) shall not be taken into account in determining the \ncredits under sections 51(a) and 1396(a).''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of such Code is amended by striking ``plus'' at the end of \nparagraph (11), by striking the period at the end of paragraph (12) and \ninserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(13) the highly skilled metalworking trades training \n credit determined under section 45D(a).''.\n (c) Denial of Double Benefit.--Section 280C of such Code is amended \nby adding at the end the following new subsection:\n ``(d) Credit for Training Expenses for Employees in Highly Skilled \nMetalworking Trades.--No deduction shall be allowed for that portion of \nthe expenses otherwise allowable as a deduction for the taxable year \nwhich is equal to the amount of the credit determined for such taxable \nyear under section 45D(a).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 45D. Expenses for training \n employees in highly skilled \n metalworking trades.''.\n (e) Effective Date.--The amendments made by this section shall \napply to expenses paid or incurred after the date of the enactment of \nthis Act in taxable years ending after such date.","summary":"Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.","title":"Skilled Workforce Enhancement Act of 1998","text_len":5855,"sum_len":212} {"bill_id":"106_hr1182","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Servicemembers Educational \nOpportunity Act of 1999''.\n\nSEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF \n ACTIVE-DUTY SERVICE.\n\n (a) In General.--Chapter 30 of title 38, United States Code, is \namended by adding at the end the following new subchapter:\n\n ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE\n\n``Sec. 3041. Enhanced educational assistance entitlement\n ``(a) Entitlement.--An eligible individual is entitled to enhanced \neducational assistance under this subchapter.\n ``(b) Eligible Individual Defined.--For purposes of this \nsubchapter, the term `eligible individual' means an individual who \nmeets the service requirement described in subsection (c), who meets \nthe education completion requirements described in subsection (d), and \nwhose status after completion of such service is described in section \n3011(a)(3) of this title. Such term does not include an individual \ndescribed in paragraph (1) or (2) of section 3011(c) of this title.\n ``(c) Service Requirement.--(1) The service requirement referred to \nin subsection (b) is as follows:\n ``(A) After September 30, 1999, the individual--\n ``(i) first enters on active duty;\n ``(ii) reenlists or extends an enlistment on active \n duty as a member of the Armed Forces; or\n ``(iii) in the case of an officer, continues to \n serve on active duty after that date.\n ``(B) From the date of such entry, reenlistment, extension, \n or continuation, as the case may be, the individual--\n ``(i) serves a continuous period of active duty of \n at least four years in the Armed Forces; or\n ``(ii) serves on active duty in the Armed Forces \n and is discharged or released from active duty--\n ``(I) as provided in subclause (I) of \n section 3011(a)(1)(A)(ii) of this title;\n ``(II) for the convenience of the \n Government, after having completed not less \n that 42 months of continuous active duty; or\n ``(III) as provided in subclause (III) of \n section 3011(a)(1)(A)(ii) of this title.\n ``(2) In determining service under paragraph (1), the following \nrules apply:\n ``(A) Any period of service described in paragraph (2) or \n (3) of section 3011(d) of this title that applies to an \n eligible individual under this section shall not be considered \n a part of the individual's period of active duty.\n ``(B) A member described in paragraph (2) of section \n 3011(f) of this title who serves the periods of active duty \n referred to in such paragraph shall be deemed to have served a \n continuous period of active duty the length of which is the \n aggregate length of the periods of active duty referred to in \n such paragraph.\n ``(C) Subsections (g) and (h) of section 3011 of this title \n apply with respect to an eligible individual under this section \n in the same manner as they apply to an individual under section \n 3011 of this title.\n ``(d) Education Completion Requirements.--The education completion \nrequirement referred to in subsection (b) is that the individual shall \nhave completed the requirements of a secondary school diploma (or \nequivalency certificate) by not later than the original ending date of \nthe individual's period of active duty described in subsection (c)(1) \nregardless of whether the individual is discharged or released from \nactive duty on such date. An individual may meet the requirement of \nthis subsection by having been granted credit for the equivalent of 12 \nsemester hours in a program of education leading to a standard college \ndegree before the end of the individual's period of active duty \ndescribed in subsection (c)(1).\n ``(e) Election of Basic Educational Assistance.--(1) An eligible \nindividual entitled to enhanced educational assistance under this \nsubchapter may elect (in a form and manner prescribed by the Secretary) \nto receive basic educational assistance under subchapter II in lieu of \nsuch enhanced educational assistance for an enrollment period. Such an \nelection shall be made by not later than 30 days before the beginning \nof the enrollment period.\n ``(2) An eligible individual may revoke an election made pursuant \nto paragraph (1), but in no case may such revocation be made later than \n30 days before the beginning of the enrollment period.\n``Sec. 3042. Duration of enhanced educational assistance\n ``(a) In General.--Subject to section 3695 of this title and except \nprovided in subsection (b), each individual entitled to enhanced \neducational assistance under section 3041 of this title is entitled to \na monthly enhanced educational assistance allowance under this \nsubchapter for a period or periods not to exceed a total of 36 months \n(or the equivalent thereof in part-time enhanced educational \nassistance).\n ``(b) Special Rule for Certain Early Separations.--Subject to \nsection 3695 of this title, in the case of an individual described in \nsubclause (I) or (III) of section 3041(c)(1)(B)(ii) who does not serve \na continuous period of active duty of at least four years in the Armed \nForces (as described in section 3041(c)(1)(B)(i) of this title), the \nindividual is entitled to one month of enhanced educational assistance \nbenefits under this subchapter (not to exceed a total of 36 months (or \nthe equivalent thereof in part-time enhanced educational assistance)) \nfor each month of continuous active duty served by the individual \nbeginning with the date on which the entry on active duty, \nreenlistment, enlistment extension, or continuation applicable to that \nindividual under section 3041(c)(1)(A) of this title begins.\n``Sec. 3043. Payment of educational expenses\n ``(a) In General.--(1) Subject to paragraph (2), the Secretary \nshall pay to the educational institution providing a course under an \napproved program of education to an eligible individual under this \nsubchapter who is enrolled in the course an amount equal to 90 percent \nof the actual cost of tuition and fees otherwise payable by the \nindividual.\n ``(2) Such cost may not exceed the amount charged to similarly \ncircumstanced nonveterans.\n ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall \npay to each eligible individual under this subchapter who is pursuing \nan approved program of education--\n ``(1) a stipend as provided in section 3044 of this title; \n and\n ``(2) in accordance with regulations prescribed by the \n Secretary, a sum equal to the reasonable cost of books and \n supplies determined to be required by similarly circumstanced \n nonveterans.\n ``(c) Inclusion in Income for Eligibility Determinations for \nFederal Educational Loans.--For purposes of determining untaxed income \nand benefits for eligibility for student assistance under the \nprovisions of title IV of the Higher Education Act of 1965 (20 U.S.C. \n1070 et seq.), amounts payable with respect to an eligible individual \nunder subsections (a) and (b)(2) shall not be considered veterans \neducation benefits for purposes of section 480(vv) of such Act (20 \nU.S.C. 1087(vv)).\n``Sec. 3044. Amount of stipend\n ``(a) In General.--Except as provided in section 3042 of this \ntitle, the stipend under this subchapter shall be paid at a monthly \nrate (as that rate may be increased pursuant to subsection (b)) as \nfollows:\n ``(1) At the monthly rate of $600 for an approved program \n of education pursued on a full-time basis.\n ``(2) At the monthly rate of $450 for an approved program \n of education pursued on a three-quarter-time basis.\n ``(3) At the monthly rate of $300 for an approved program \n of education pursued on a half-time basis.\n ``(4) At the monthly rate of $150 for an approved program \n of education pursued on less than a half-time basis.\n ``(b) Adjustment for Inflation.--With respect to any fiscal year \nbeginning after fiscal year 2000, the Secretary shall increase the rate \npaid under subsection (a)(1) for the previous fiscal year by the \npercentage applicable under section 3015(g) of this title.\n``Sec. 3045. Tutorial assistance\n ``An individual entitled to an enhanced educational assistance \nallowance under this subchapter shall be entitled to benefits provided \nan individual under section 3019 of this title, subject to the \nconditions provided in such section.''.\n (b) Conforming Amendments.--(1) Section 3002 of such title is \namended by inserting at the end the following new paragraph:\n ``(9) The term `enhanced educational assistance' means educational \nassistance provided under subchapter V.''.\n (2) Section 3011 of such title is amended in subsections (f)(1) and \n(g) by striking ``chapter'' each place it appears and inserting \n``subchapter''.\n (3) Section 3018 of such title is amended by striking ``educational \nassistance under this chapter'' each place it appears and inserting \n``educational assistance under this subchapter''.\n (4) Section 3018A(a) of such title is amended by striking \n``education assistance under this chapter'' and inserting ``educational \nassistance under this subchapter''.\n (5) Section 3018B of such title is amended by striking ``education \nassistance under this chapter'' each place it appears and inserting \n``educational assistance under this subchapter''.\n (6) Section 3018C of such title is amended--\n (A) in subsection (a), by striking ``educational assistance \n under this chapter'' and inserting ``educational assistance \n under this subchapter''; and\n (B) in subsection (b), by striking ``education assistance \n under this chapter'' and inserting ``educational assistance \n under this subchapter''.\n (7) Section 3019 of such title is amended by striking out \n``chapter'' each place it appears and inserting in lieu thereof \n``subchapter''.\n (8) Section 3031 of such title is amended--\n (A) in subsection (f), by inserting ``or 3042 of this \n title'' after ``section 3013'' each place it appears; and\n (B) in subsection (g), by inserting ``or \n 3031(c)(1)(B)(ii)(III)'' after ``section \n 3011(a)(1)(A)(ii)(III)''.\n (9) Section 3032(e)(3) of such title is amended by inserting ``, or \nsection 3044(a)(1)'' after ``section 3015''.\n (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 30 of title 38, United States Code, is amended by adding at the \nend the following new items:\n\n ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE\n\n``3041. Enhanced educational assistance entitlement.\n``3042. Duration of enhanced educational assistance.\n``3043. Payment of educational expenses.\n``3044. Amount of stipend.\n``3045. Tutorial assistance.''.\n\nSEC. 3. REPEALS OF PAY REDUCTION AND ELECTION OF BENEFITS.\n\n (a) Repeals.--\n (1) Active duty program.--(A) Section 3011 of title 38, \n United States Code, is amended--\n (i) by striking subsection (b); and\n (ii) in subsection (c), by striking out paragraph \n (1) and redesignating paragraphs (2) and (3) as \n paragraphs (1) and (2), respectively.\n (B) Section 3012 of such title is amended--\n (i) by striking subsection (c); and\n (ii) in subsection (d), by striking out paragraph \n (1) and redesignating paragraphs (2) and (3) as \n paragraphs (1) and (2), respectively.\n (2) Opportunities to withdraw election not to enroll.--(A) \n Section 3016(a)(1) of such title is amended by striking ``, and \n does not make an election under section 3011(c)(1) or section \n 3012(d)(1)''.\n (B) Sections 3018A, 3018B, and 3018C of such title are each \n amended by adding at the end the following new subsection:\n ``(e) Notwithstanding subsection (b), no reduction in the pay of an \nindividual under this section shall be made for months beginning after \nSeptember 30, 1999. Any obligation of such individual under subsection \n(b), as of September 30, 1999, shall be deemed to be fully satisfied as \nof such date.''.\n (3) Termination of reductions in progress.--Any reduction \n in the basic pay of an individual referred to in subsection (b) \n of section 3011 of title 38, United States Code, by reason of \n such subsection, or of any individual referred to in subsection \n (c) of section 3012 of such title by reason of such subsection, \n shall cease commencing with months beginning after September \n 30, 1999, and any obligation of such individual under such \n subsections, as the case may be, as of September 30, 1999, \n shall be deemed to be fully satisfied as of such date.\n (b) Education Outreach Services to Members of the Armed Forces.--\nSection 3034(e)(1) of title 38, United States Code, is amended to read \nas follows:\n ``(e)(1) Not later than one year after an individual initially \nenters on active duty as a member of the Armed Forces, and at such \nadditional times as the Secretary determines appropriate, the Secretary \nshall furnish the individual the information described in paragraph \n(2).''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on October 1, 1999, and apply to individuals whose initial \nobligated period of active duty under section 3011 or 3012 of title 38, \nUnited States Code, as the case may be, begins on or after such date.","summary":"Servicemembers Educational Opportunity Act of 1999 - Amends Federal basic educational assistance provisions to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999: (1) first enters on active duty, (2) reenlists or continues to serve on active duty. (3) serves a continuous period of active duty of four years. Or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government , or due to a reduction in force. Requires each such member to also have completed the requirements of a secondary school diploma or its equivalent by no later than the original ending date before such extension of duty. Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including 90 percent of the costs of tuition and fees, and reasonable costs of books, and other supplies. Requires such amounts to be considered income for purposes of eligibility for Federal educational loans or grants under the Higher Education Act of 1965. Provides: (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis. And (2) tutorial assistance. Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program. And (2) a provision authorizing individuals to elect not to receive such assistance.","title":"Servicemembers Educational Opportunity Act of 1999","text_len":13992,"sum_len":1574} {"bill_id":"103_s472","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Land Management Agency Housing \nImprovement Act of 1994''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act, the term--\n (1) ``public lands'' means Federal lands administered by \n the Secretary of the Interior or the Secretary of Agriculture; \n and\n (2) ``Secretaries'' means the Secretary of the Interior and \n the Secretary of Agriculture.\n\nSEC. 3. EMPLOYEE HOUSING.\n\n (a)(1) To promote the recruitment and retention of qualified \npersonnel necessary for the effective management of public lands, the \nSecretaries are authorized to--\n (A) make employee housing available, subject to the \n limitations set forth in paragraph (2), on or off public lands, \n and\n (B) rent or lease such housing to employees of the \n respective Department at a reasonable value.\n (2)(A) Housing made available on public lands shall be limited to \nthose areas designated for administrative use.\n (B) No private lands or interests therein outside of the boundaries \nof federally administered areas may be acquired for the purposes of \nthis Act except with the consent of the owner thereof.\n (b) The Secretaries shall provide such housing in accordance with \nthis Act and section 5911 of title 5, United States Code, except that \nfor the purposes of this Act, the term--\n (1) ``availability of quarters'' (as used in this Act and \n subsection (b) of section 5911) means the existence, within \n thirty miles of the employee's duty station, of well-\n constructed and maintained housing suitable to the individual \n and family needs of the employee, for which the rental rate as \n a percentage of the employee's annual gross income does not \n exceed the most recent Census Bureau American Housing Survey \n median monthly housing cost for renters inclusive of utilities, \n as a percentage of current income, whether paid as part of rent \n or paid directly to a third party;\n (2) ``contract'' (as used in this Act and subsection (b) of \n section 5911) includes, but is not limited to, ``Build-to-\n Lease'', ``Rental Guarantee'', ``Joint Development'' or other \n lease agreements entered into by the Secretary, on or off \n public lands, for the purposes of sub-leasing to Departmental \n employees; and\n (3) ``reasonable value'' (as used in this Act and \n subsection (c) of section 5911) means the base rental rate \n comparable to private rental rates for comparable housing \n facilities and associated amenities: Provided, That the base \n rental rate as a percentage of the employee's annual gross \n income shall not exceed the most recent American Housing Survey \n median monthly housing cost for renters inclusive of utilities, \n as a percentage of current income, whether paid as part of rent \n or paid directly to a third party.\n (c) Subject to appropriation, the Secretaries may enter into \ncontracts and agreements with public and private entities to provide \nemployee housing on or off public lands.\n (d) The Secretaries may enter into cooperative agreements or joint \nventures with local governmental and private entities, either on or off \npublic lands, to provide appropriate and necessary utility and other \ninfrastructure facilities in support of employee housing facilities \nprovided under this Act.\n\nSEC. 4. SURVEY OF RENTAL QUARTERS.\n\n The Secretaries shall conduct a survey of the availability of \nquarters at field units under each Secretary's jurisdiction at least \nevery five years. If such survey indicates that government owned or \nsuitable privately owned quarters are not available as defined in \nsection 3(b)(1) of this Act for the personnel assigned to a specific \nduty station, the Secretaries are authorized to provide suitable \nquarters in accordance with the provisions of this Act. For the \npurposes of this section, the term ``suitable quarters'' means well-\nconstructed, maintained housing suitable to the individual and family \nneeds of the employee.\n\nSEC. 5. SECONDARY QUARTERS.\n\n (a) The Secretaries may determine that secondary quarters for \nemployees who are permanently duty stationed at remote locations and \nare regularly required to relocate for temporary periods are necessary \nfor the effective administration of an area under the jurisdiction of \nthe respective agency. Such secondary quarters are authorized to be \nmade available to employees, either on or off public lands, in \naccordance with the provisions of this Act.\n (b) Rental rates for such secondary facilities shall be established \nso that the aggregate rental rate paid by an employee for both primary \nand secondary quarters as a percentage of the employee's annual gross \nincome shall not exceed the Census Bureau American Housing Survey \nmedian monthly housing cost for renters inclusive of utilities as a \npercentage of current income, whether paid as part of rent or paid \ndirectly to a third party.\n\nSEC. 6. SURVEY OF EXISTING FACILITIES.\n\n (a) Within two years after the date of enactment of this Act, the \nSecretaries shall survey all existing government owned employee housing \nfacilities under the jurisdiction of the Department of the Interior and \nthe Department of Agriculture, to assess the physical condition of such \nhousing and the suitability of such housing for the effective \nprosecution of the agency mission. The Secretaries shall develop an \nagency-wide priority listing, by structure, identifying those units in \ngreatest need of repair, rehabilitation, replacement or initial \nconstruction, as appropriate. The survey and priority listing study \nshall be transmitted to the Committees on Appropriations and Energy and \nNatural Resources of the United States Senate and the Committees on \nAppropriations and Natural Resources of the United States House of \nRepresentatives.\n (b) Unless otherwise provided by law, expenditure of any funds \nappropriated for construction, repair or rehabilitation shall follow, \nin sequential order, the priority listing established by each agency. \nFunding available from other sources for employee housing repair may be \ndistributed as determined by the Secretaries.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.\n\n Passed the Senate June 16 (legislative day, June 7), 1994.\n\n Attest:\n\n MARTHA S. POPE,\n\n Secretary.","summary":"Land Management Agency Housing Improvement Act of 1994 - Authorizes the Secretaries of the Interior and of Agriculture to make employee housing available on or off public lands and to rent or lease housing to employees at a reasonable value. Directs the Secretaries to conduct a survey of the availability of quarters at field units at least every five years. Authorizes the Secretaries to provide suitable quarters under this Act if such survey indicates that government owned or suitable privately owned quarters are not available to the personnel assigned to a specific duty station. Authorizes the Secretaries to: (1) determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area. And (2) make such secondary quarters available to employees either on or off public lands. Requires the Secretaries to survey all existing government owned employee housing facilities under the jurisdiction of the Departments of the Interior and of Agriculture to assess physical condition and suitability. Directs the Secretaries to develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction and to transmit such survey and listing to specified congressional committees. Specifies that: (1) unless otherwise provided by law, expenditure of any funds appropriated for construction, repair, or rehabilitation shall follow the priority listing established by each agency. And (2) funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. Authorizes appropriations.","title":"Land Management Agency Housing Improvement Act of 1994","text_len":6744,"sum_len":1768} {"bill_id":"105_hr3017","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rights of the Child Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The United States is the only Western industrialized \n nation which has neither ratified nor become a party to the \n United Nations Convention on the Rights of the Child.\n (2) During the 1990's, the United States had the worst \n child poverty rate among Western industrialized nations: one-\n quarter of America's children lived in poverty.\n (3) One in 10 infants living in the United States has no \n routine source of health care.\n (4) Forty percent of children in the United States are at \n risk of school failure.\n (5) An estimated 1,800,000 teenagers were victims of \n violent crimes in the United States in the early 1990's.\n (6) 2,600,000 children were reported abused and neglected \n in 1991.\n (7) Approximately 144,000 babies will die in the United \n States, over the next 4 years, before their 1st birthday.\n\nSEC. 3. SUBMISSION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF THE \n CHILD.\n\n It is the sense of the Congress that the President should submit \nand seek the advice and consent of the Senate by December 31, 1998, to \nratification of the Convention on the Rights of the Child, adopted by \nthe United Nations with the support of the United States on November \n29, 1989, and signed by Madeleine Albright acting as United States \nDelegate to the United Nations and on behalf of the United States \nGovernment on February 16, 1995.\n\nSEC. 4. CONSULTATION WITH THE STATES.\n\n Prior to the submission under section 3, the Attorney General of \nthe United States shall meet with the attorneys general of the States \nand territories of the United States for the purpose of determining \ntheir recommendations concerning any limitations in the form of \nreservations, declarations, statements, and understandings that should \naccompany a proposed resolution of ratification of the United Nations \nConvention on the Rights of the Child.\n\nSEC. 5. ESTABLISHMENT OF COMMISSION AND REPORT TO CONGRESS.\n\n (a) Establishment.--There is established an advisory commission \nconcerning the economic, social, cultural, political, and civil rights \nof children.\n (b) Composition.--The commission shall be composed of 11 persons, \nappointed as provided under subsection (c), with experience, expertise, \nand concerns pertaining to the economic, social, cultural, political, \nand civil rights of children as well as individuals who are parents or \nlegal guardians of children.\n (c) Appointment.--Not later than March 1, 1998, the commission of \nshall be appointed as follows:\n (1) 5 persons appointed by the President.\n (2) 1 person appointed by the Speaker of the House of \n Representatives.\n (3) 1 person appointed by the majority leader of the House \n of Representatives.\n (4) 1 person appointed by the majority leader of the \n Senate.\n (5) 1 person appointed by the minority leader of the \n Senate.\n (6) 1 person appointed by the minority leader of the House \n of Representatives.\n (7) The Secretary of Health and Human Services (or a \n designee of the Secretary).\n (d) Chairperson.--The President shall designate a chairperson of \nthe commission.\n (e) Vacancies.--Vacancies in the commission shall be filled in the \nsame manner as the original appointment.\n (f) Compensation.--Members of the commission shall serve without \npay or other compensation.\n (g) Staff.--Such staff and administrative support as are necessary \nand appropriate shall be made available to the commission on a non-\nreimbursable basis by the Secretary of Health and Human Services.\n (h) Report.--Not later than September 1, 1998, the commission shall \nsubmit to the Congress a report with any recommendations agreed to by a \nmajority of its members stipulating any limitations to the Convention \non the Rights of the Child that are advisable to facilitate \nratification.\n (i) Termination.--Ninety days after the submission of the report \nunder subsection (h) the commission shall cease to exist.\n\nSEC. 6. INTERIM MEASURES IN SUPPORT OF INTERNATIONALLY-RECOGNIZED \n RIGHTS OF THE CHILD.\n\n (a) ILO.--In addition to such amounts as are otherwise authorized \nto be appropriated, there are authorized to be appropriated $1,000,000 \nfor each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a \nUnited States contribution to the International Labor Organization for \nthe activities of the International Program on the Elimination of Child \nLabor.\n (b) UNCHR.--In addition to such amounts as are otherwise authorized \nto be appropriated, there are authorized to be appropriated $100,000 \nfor each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a \nUnited States contribution to the United Nations Commission on Human \nRights for programs relating to bonded child labor that are carried out \nby the Subcommittee and Working Group on Contemporary Forms of Slavery.\n\nSEC. 7. PROHIBITION ON IMPORTATION OF PRODUCTS MADE BY BONDED CHILD \n LABOR.\n\n (a) Prohibition.--No product manufactured or mined, in whole or in \npart, by bonded child labor shall be imported into the United States.\n (b) Regulation.--The Secretary of the Treasury, in consulation with \nthe Secretary of Labor, shall prescribe such regulations are are \nnecessary and appropriate to carry out this section.\n (c) Definitions.--As used in this section the following terms have \nthe following meanings:\n (1) The term ``bonded child labor'' means work or service \n exacted from a child confined against the child's will, either \n in payment for the debts of a parent, relative, or guardian, or \n drawn under false pretext.\n (2) The term ``child'' means an individual who has not \n attained the age of 18 years.\n\nSEC. 8. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT ALLOW CHILD \n PROSTITUTION AND SEXUAL EXPLOITATION OF CHILDREN.\n\n (a) Prohibition.--United States assistance may not be provided to \nthe government of a foreign country for a fiscal year unless the \nPresident certifies to the Congress for such fiscal year that such \ngovernment has enacted, and is enforcing, laws against child \nprostitution and the sexual exploitation of children.\n (b) Waiver.--The prohibition on foreign assistance under subsection \n(a) shall not apply with respect to a foreign country if the President \ndetermines and notifies the Congress that providing such assistance for \nsuch country is in the national security interest of the United States.\n (c) Definition.--As used in this section, the term ``United States \nassistance'' means assistance under the Foreign Assistance Act of 1961 \n(22 U.S.C. 2151 et seq.).\n (d) Effective Date.--The prohibition on foreign assistance under \nsubsection (a) shall apply with respect to fiscal year 1999 and \nsubsequent fiscal years.","summary":"Rights of the Child Act of 1997 - Expresses the sense of the Congress that the President should submit and seek the advice and consent of the Senate by December 31, 1998, to ratification of the Convention on the Rights of the Child. Directs the Attorney General, before such submission, to meet with the attorneys general of the States and US territories to determine their recommendations concerning any limitations that should accompany a proposed resolution of ratification of the U. N. Convention on the Rights of the Child. Establishes an advisory commission concerning the economic, social, cultural, political, and civil rights of children. Directs the commission to report to the Congress any recommendations agreed to by a majority of its members on any limitations to the Convention on the Rights of the Child advisable to facilitate ratification. Authorizes additional appropriations for US contributions to: (1) the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. And (2) the U. N. Commission on Human Rights for programs relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery. Prohibits the importation into the United States of any product manufactured or mined, in whole or in part, by bonded child labor. Directs the Secretary of the Treasury to prescribe regulations to carry out this prohibition. Prohibits US assistance to the government of a foreign country for any fiscal year unless the President certifies to the Congress for such fiscal year that such government has enacted, and is enforcing, laws against child prostitution and the sexual exploitation of children. Authorizes waivers of such prohibition in the national security interest of the United States.","title":"Rights of the Child Act of 1997","text_len":7177,"sum_len":1821} {"bill_id":"111_hr1841","text":"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Acid Rain and \nMercury Control Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title and table of contents.\nSec. 2. Findings and purposes.\nSec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from \n powerplants.\nSec. 4. Mercury emission reductions.\nSec. 5. Effect on other law.\nSec. 6. Protecting sensitive regional ecosystems.\nSec. 7. Authorization of appropriations.\nSec. 8. Modernization.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) reductions of atmospheric sulfur dioxide and nitrogen \n oxide from utility plants, in addition to the reductions \n required under the Clean Air Act (42 U.S.C. 7401 et seq.), are \n needed to reduce acid deposition and its serious adverse \n effects on public health, natural resources, building \n structures, sensitive ecosystems, and visibility;\n (2) sulfur dioxide and nitrogen oxide contribute to the \n development of fine particulates, suspected of causing human \n mortality and morbidity to a significant extent;\n (3) regional nitrogen oxide reductions of 75 percent in the \n Eastern United States, in addition to the reductions required \n under the Clean Air Act, may be necessary to protect sensitive \n watersheds from the effects of nitrogen deposition;\n (4) since the Clean Air Act Amendments of 1990 were \n enacted, some acidic lakes in the Adirondacks in the State of \n New York have started to slowly show chemical recovery from \n acid rain, demonstrating that sulfur dioxide and nitrogen oxide \n regulations can be implemented in a cost-effective manner, but \n the recovery is progressing at a slower rate than originally \n intended;\n (5) nitrogen oxide is highly mobile and can lead to ozone \n formation hundreds of miles from the emitting source;\n (6) on March 10, 2005, the Environmental Protection Agency \n (EPA) issued the Clean Air Interstate Rule (CAIR) to require \n additional reductions in sulfur dioxide and nitrogen oxide in \n 28 Eastern States and the District of Columbia;\n (7) these reductions represent approximately a 70 percent \n reduction in sulfur dioxide and a 60 percent reduction in \n nitrogen oxide in the affected States;\n (8) on July 11, 2008, the United States Court of Appeals \n for the District of Columbia Circuit vacated CAIR and on \n December 23, 2008, the same court remanded the rule back to the \n EPA without vacature;\n (9) fossil fuel-fired electric generating units emit \n approximately \\1\/3\\ of the total mercury emissions in the \n United States;\n (10) mercury is considered a neurotoxin which can \n bioaccumulate as it moves its way up the food chain and is \n especially harmful to young children and developing fetuses;\n (11) according to the EPA, there were 3,080 fish advisories \n for mercury in 2006; there are over 90 fish advisories for \n mercury in New York alone, with blanket warning for the \n Adirondack and Catskill Mountains;\n (12) on March 15, 2005, EPA issued the Clean Air Mercury \n Rule (CAMR), which for the first time sought to regulate \n mercury emissions from power plants, but used a less \n restrictive cap-and-trade approach for this very harmful \n substance and would take a full decade to implement;\n (13) on February 8, 2008, the United States Court of \n Appeals for the District of Columbia Circuit vacated CAMR; and\n (14) on February 23, 2009, the Supreme Court denied a \n request to reconsider the decision.\n (b) Purposes.--The purposes of this Act are--\n (1) to recognize the current scientific understanding that \n emissions of sulfur dioxide and nitrogen oxide, and the acid \n deposition resulting from emissions of sulfur dioxide and \n nitrogen oxide, present a substantial human health and \n environmental risk;\n (2) to require reductions in sulfur dioxide and nitrogen \n oxide emissions;\n (3) to support the efforts of existing acid rain and \n mercury monitoring programs located throughout the country;\n (4) to reduce utility emissions of nitrogen oxide by 75 \n percent from 1997 levels;\n (5) to reduce utility emissions of sulfur dioxide by 75 \n percent after the implementation of phase II sulfur dioxide \n requirements under section 405 of the Clean Air Act (42 U.S.C. \n 7651d); and\n (6) to adopt a strict standard for mercury emissions by \n power plants of 0.6 pounds per trillion Btu without allowing \n for a cap-and-trade system.\n\nSEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM \n POWERPLANTS.\n\n Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is \namended by adding at the end the following:\n\n``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS \n FROM POWERPLANTS.\n\n ``(a) Emission Reduction Objectives.--The emission reduction \nobjectives of this section are to reduce, not later than January 1, \n2012--\n ``(1) aggregate sulfur dioxide emissions from powerplants \n by 75 percent from the levels allowed under full implementation \n of the Phase II sulfur dioxide requirements under title IV \n (relating to acid deposition control); and\n ``(2) aggregate nitrogen oxide emissions from powerplants \n by 75 percent from 1997 levels.\n ``(b) Agency Action.--\n ``(1) Regulations.--\n ``(A) In general.--Not later than 2 years after the \n date of enactment of this section, the Administrator \n shall promulgate regulations to achieve the emission \n reduction objectives specified in subsection (a).\n ``(B) Elements.--The regulations promulgated under \n subparagraph (A)--\n ``(i) shall achieve the objectives in a \n manner that the Administrator determines will \n allocate required emission reductions \n equitably, taking into account emission \n reductions achieved before the date of \n enactment of this section and other relevant \n factors;\n ``(ii) may include market-oriented \n mechanisms (such as emissions trading based on \n generation performance standards, auctions, or \n other allocation methods);\n ``(iii) shall prevent localized adverse \n effects on public health and the environment \n and ensure that significant emission reductions \n are achieved in both the Eastern and Western \n regions of the United States; and\n ``(iv) shall include, consistent with \n achieving the objectives set forth in \n subsection (a), incentives for renewable \n energy.\n ``(2) Interagency coordination to minimize costs and \n maximize gains.--To minimize the economic costs and maximize \n the economic gains of achieving the emission reduction \n objectives specified in subsection (a), the Administrator shall \n coordinate with other departments and agencies of Federal and \n State government to increase energy efficiency, to increase the \n use of renewable energy, and to implement cost saving advanced \n demand and supply side policies, such as those described in the \n report prepared by the Interlaboratory Working Group of the \n Department of Energy entitled `Scenarios for a Clean Energy \n Future', dated November 2000.\n ``(c) Additional Reductions.--The regulations promulgated under \nsubsection (b) may require additional reductions in emissions from \npowerplants if the Administrator determines that the emission levels \nnecessary to achieve the emission reduction objectives specified in \nsubsection (a) are not reasonably anticipated to protect public health \nor welfare.\n ``(d) Modernization of Outdated Powerplants.--\n ``(1) In general.--On the later of the date that is 30 \n years after a powerplant commenced operation or the date that \n is 5 years after the date of enactment of this section, it \n shall comply with--\n ``(A) the most recent new source performance \n standards promulgated under section 111; and\n ``(B) the requirements under parts C and D that are \n applicable to modified sources.\n ``(2) Additional requirements.--The requirements of this \n subsection shall be in addition to the requirements of the \n regulations promulgated under subsection (b).\n ``(e) Other Requirements.--The requirements of this section shall \nbe in addition to, and not in lieu of, any other requirement of this \nAct.\n ``(f) Definition.--In this section, the term `powerplant' means an \nelectric generation facility with a nameplate capacity of 25 megawatts \nor more that uses a combustion device to generate electricity for \nsale.''.\n\nSEC. 4. MERCURY EMISSION REDUCTIONS.\n\n The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at \nthe end the following:\n\n ``TITLE VII--MERCURY REDUCTIONS\n\n``Sec. 701. Definitions.\n``Sec. 702. Mercury reduction program.\n``Sec. 703. Prohibitions.\n\n``SEC. 701. DEFINITIONS.\n\n ``In this title:\n ``(1) Affected unit.--The term `affected unit' means a \n coal-fired electric generating facility (including a \n cogeneration facility) that--\n ``(A) has a nameplate capacity greater than 25 \n megawatts; and\n ``(B) generates electricity for sale.\n ``(2) Cogeneration facility.--The term `cogeneration \n facility' means a facility that--\n ``(A) cogenerates--\n ``(i) steam; and\n ``(ii) electricity; and\n ``(B) supplies, on a net annual basis, to any \n utility power distribution system for sale--\n ``(i) more than \\1\/3\\ of the potential \n electric output capacity of the facility; and\n ``(ii) more than 25 megawatts of electrical \n output of the facility.\n\n``SEC. 702. MERCURY REDUCTION PROGRAM.\n\n ``(a) New Unit Requirement.--Any affected unit that commences \noperation after December 31, 2010, shall be considered a new unit for \nthe purposes of this section and shall not exceed the emission limit of \n0.6 pounds mercury per trillion Btu (0.6 lb Hg\/TBtu) upon commencement \nof operation.\n ``(b) Existing Unit Requirement.--Any affected unit that commences \noperation on or before December 31, 2010, shall not exceed the emission \nlimit of 0.6 pounds mercury per trillion Btu by January 1, 2013.\n ``(c) Monitoring System.--Not later than January 1, 2011, the \nAdministrator shall promulgate regulations requiring operation, \nreporting and certification of continuous emissions monitoring systems \n(CEMS) to accurately measure the quantity of mercury that is emitted \nfrom each affected unit.\n ``(d) Excess Emissions.--\n ``(1) In general.--The owner or operator of an affected \n unit that emits mercury in excess of the emission limitation \n described in subsections (b) and (c) shall pay an excess \n emissions penalty determined under paragraph (2).\n ``(2) Determination of excess emissions penalty.--The \n excess emissions penalty shall be an amount equal to $10,000 \n for each ounce of mercury emitted in excess of the emission \n limitations for mercury described in subsections (b) and (c).\n ``(e) Prevention of Mercury Re-Release.--Not later than January 1, \n2011, the Administrator shall promulgate regulations to ensure that any \nmercury captured or recovered by emission controls installed at an \naffected unit is not re-released into the environment.\n\n``SEC. 703. PROHIBITIONS.\n\n ``It shall be unlawful--\n ``(1) for the owner or operator of any electricity \n generating facility--\n ``(A) to operate the electricity generating \n facility in noncompliance with the requirements of this \n title (including any regulations implementing this \n title);\n ``(B) to fail to submit by the required date any \n emission allowances, or pay any penalty, for which the \n owner or operator is liable;\n ``(C) to fail to provide and comply with any plan \n to offset excess emissions; or\n ``(D) to emit mercury in excess of the emission \n limitations established under section 702; or\n ``(2) for any person to hold, use, or transfer any emission \n allowance allocated under this title except in accordance with \n regulations promulgated by the Administrator.''.\n\nSEC. 5. EFFECT ON OTHER LAW.\n\n Nothing in this Act--\n (1) affects the ability of a State to take State actions to \n further limit sulfur dioxide, nitrogen oxide, or mercury; and\n (2) except as expressly provided in this Act--\n (A) modifies or otherwise affects any requirement \n of this Act in effect on the day before the date of \n enactment of this Act; or\n (B) relieves any person of the responsibility to \n comply with this Act.\n\nSEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.\n\n (a) Report.--\n (1) In general.--Not later than December 31, 2012, the \n Administrator shall submit to Congress a report identifying \n objectives for scientifically credible environmental \n indicators, as determined by the Administrator of the \n Environmental Protection Agency, that are sufficient to protect \n and restore sensitive ecosystems of the Adirondack Mountains, \n mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains, \n and Southern Blue Ridge Mountains and water bodies of the Great \n Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay \n and other sensitive ecosystems, as determined by the \n Administrator.\n (2) Updated report.--Not later than December 31, 2021, the \n Administrator shall submit to Congress a report updating the \n report under paragraph (1) and assessing the status and trends \n of various environmental objectives and indicators for the \n sensitive regional ecosystems referred to in paragraph (1).\n (3) Reports under the national acid precipitation \n assessment program.--The reports under this subsection shall be \n subject to the requirements applicable to a report under \n section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. \n 7403(j)(3)(E)).\n (b) Regulations.--\n (1) Determination.--Not later than December 31, 2019, the \n Administrator shall determine whether emission reductions under \n title VII of the Clean Air Act are sufficient to ensure \n achievement of the objectives stated in subsection (a)(1).\n (2) Promulgation.--If the Administrator determines under \n paragraph (1) that emission reductions under title VII of the \n Clean Air Act are not sufficient to ensure achievement of the \n objectives identified in subsection (a)(1), the Administrator \n shall promulgate, not later than 2 years after making the \n finding, such regulations, including modification of sulfur \n dioxide and nitrogen oxide allowance allocations or any such \n measure, as the Administrator determines are necessary to \n protect the sensitive ecosystems described in subsection \n (a)(1).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n In addition to amounts made available under any other law, there \nare authorized to be appropriated for each of fiscal years 2010 through \n2020--\n (1) for operational support of the National Atmospheric \n Deposition Program National Trends Network--\n (A) $2,000,000 to the United States Geological \n Survey;\n (B) $600,000 to the Environmental Protection \n Agency;\n (C) $600,000 to the National Park Service; and\n (D) $400,000 to the Forest Service;\n (2) for operational support of the National Atmospheric \n Deposition Program Mercury Deposition Network--\n (A) $400,000 to the Environmental Protection \n Agency;\n (B) $400,000 to the United States Geological \n Survey;\n (C) $100,000 to the National Oceanic and \n Atmospheric Administration; and\n (D) $100,000 to the National Park Service;\n (3) for the National Atmospheric Deposition Program \n Atmospheric Integrated Research Monitoring Network $1,500,000 \n to the National Oceanic and Atmospheric Administration;\n (4) for the Clean Air Status and Trends Network $5,000,000 \n to the Environmental Protection Agency; and\n (5) for the Temporally Integrated Monitoring of Ecosystems \n and Long-Term Monitoring Program $2,500,000 to the \n Environmental Protection Agency.\n\nSEC. 8. MODERNIZATION.\n\n (a) Authorization of Appropriations.--In addition to amounts made \navailable under any other law, there are authorized to be \nappropriated--\n (1) for equipment and site modernization of the National \n Atmospheric Deposition Program National Trends Network \n $6,000,000 to the Environmental Protection Agency;\n (2) for equipment and site modernization and network \n expansion of the National Atmospheric Deposition Program \n Mercury Deposition Network $2,000,000 to the Environmental \n Protection Agency;\n (3) for equipment and site modernization and network \n expansion of the National Atmospheric Deposition Program \n Atmospheric Integrated Research Monitoring Network $1,000,000 \n to the National Oceanic and Atmospheric Administration; and\n (4) for equipment and site modernization and network \n expansion of the Clean Air Status and Trends Network $4,600,000 \n to the Environmental Protection Agency.\n (b) Availability of Amounts.--Each of the amounts appropriated \nunder subsection (a) shall remain available until expended.","summary":"Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms. Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act. Considers affected units that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013. Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment. Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act. (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions. And (3) emitting mercury in excess of the emission limitations. Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator. Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury. Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.","title":"To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and mercury emissions, and for other purposes.","text_len":19447,"sum_len":2327} {"bill_id":"112_hr6678","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``College Research Education and \nTeacher Excellence (CREATE) Opportunity Act of 2012''.\n\n TITLE I--RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS\n\nSEC. 101. RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS.\n\n (a) Credit Made Permanent.--\n (1) In general.--Section 41 of the Internal Revenue Code of \n 1986 is amended by striking subsection (h).\n (2) Conforming amendment.--Paragraph (1) of section 45C(b) \n of such Code is amended by striking subparagraph (D).\n (b) Increased Percentage of Contract Research Expenses Paid to \nColleges and Universities.--Paragraph (3) of section 41(b) of such Code \nis amended by adding at the end the following new subparagraph:\n ``(E) Amounts paid to colleges and universities.--\n In the case of amounts paid for qualified research by \n the taxpayer to an institution of higher education (as \n defined in section 3304(f))--\n ``(i) subparagraph (A) shall be applied by \n substituting `100 percent' for `65 percent', \n and\n ``(ii) subparagraphs (C) and (D) shall not \n apply.''.\n (c) Research in Social Sciences Included in Qualified Research.--\nSubparagraph (G) of section 41(d)(6) of such Code is amended--\n (1) by striking ``social sciences, arts,'' in the text and \n inserting ``arts'', and\n (2) by striking ``Social sciences, etc'' in the heading and \n inserting ``Arts and humanities''.\n (d) Effective Date.--The amendment made by subsection (a) shall \napply to amounts paid or incurred after December 31, 2011.\n\n TITLE II--YEAR-ROUND PELL GRANTS\n\nSEC. 201. AMENDMENTS.\n\n Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. \n1070a(b)) is amended--\n (1) by redesignating paragraphs (5) through (7) as \n paragraphs (6) through (8), respectively; and\n (2) by inserting after paragraph (4), the following new \n paragraph:\n ``(5)(A) In the case of a student attending a junior or \n community college (as defined in section 312(f)), the Secretary \n shall award the student not more than two Federal Pell Grants \n during a single award year to permit such student to accelerate \n the student's progress toward a degree or certificate if the \n student is enrolled--\n ``(i) on at least a half-time basis for a period of \n more than one academic year, or more than two semesters \n or an equivalent period of time, during a single award \n year; and\n ``(ii) in a program of instruction at the junior or \n community college for which the college awards an \n associate degree or a certificate.\n ``(B) In the case of a student receiving more than one \n Federal Pell Grant in a single award year under subparagraph \n (A), the total amount of Federal Pell Grants awarded to such \n student for the award year may exceed the maximum basic grant \n level specified in the appropriate appropriations Act for such \n award year.''.\n\nSEC. 202. CONFORMING CHANGE.\n\n Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20 \nU.S.C. 1070a(b)(2)(A)(ii)) is amended by striking ``paragraph (7)(B)'' \nand inserting ``paragraph (8)(B)''.\n\nSEC. 203. EFFECTIVE DATE.\n\n The amendments made by section 201 shall be effective for award \nyear 2013-2014 and each succeeding award year.\n\n TITLE III--AMENDMENTS TO THE TEACH GRANT PROGRAM\n\nSEC. 301. AMENDMENTS.\n\n Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g-\n2) is amended--\n (1) by amending subsection (b)(2) to read as follows:\n ``(2) in the event that the applicant is determined to have \n failed or refused to comply with all or part of such service \n obligation, at least a portion of the amount of any TEACH \n Grants received by such applicant will be treated as a loan and \n collected from the applicant in accordance with subsection (c) \n and the regulations thereunder; and''.\n (2) by amending subsection (c) to read as follows:\n ``(c) Repayment for Inability To Complete Service.--In the event \nthat a recipient of a grant under this subpart fails or refuses to \ncomply with all or part of the recipient's service obligation in the \nagreement under subsection (b) and is not excused from fulfilling that \nportion of the service obligation under subsection (d)(2), the sum of \nthe amounts of any TEACH Grants received by such recipient shall, upon \na determination of such a failure or refusal in such service \nobligation, be treated as a Federal Direct Unsubsidized Stafford Loan \nunder part D of title IV, and shall be subject to repayment, together \nwith interest thereon accruing from the date of the grant award, but \nonly in proportion to the degree to which the recipient fails or \nrefuses to comply with such service obligation and in accordance with \nterms and conditions specified by the Secretary in regulations under \nthis subpart.''.\n\nSEC. 302. EFFECTIVE DATE.\n\n The amendments made by section 301 shall apply to TEACH grants \nawarded for academic year 2013-2014 and each succeeding academic year.","summary":"College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012 - Amends the Internal Revenue Code to make the research tax credit permanent. Makes 100 of a taxpayer's expenditures for qualified research at an institution of higher education eligible for the research tax credit. Considers research in the social sciences to be qualified research, eligible for the research tax credit. Amends title IV of the Higher Education Act of 1965 to allow the Secretary of Education to award a student two Pell Grants during a single award year if the student is enrolled in an associate degree or certificate program at a junior or community college on at least a half-time basis for the equivalent of more than one academic year during the Pell Grant award year. Treats a Teacher Education Assistance for College and Higher Education (TEACH) Grant as a Direct Unsubsidized Stafford Loan only in proportion to the extent to which its recipient fails to comply with the Grant's service obligation.","title":"To amend the Internal Revenue Code of 1986 to encourage research at community colleges and other institutions of higher education, and for other purposes.","text_len":5511,"sum_len":1007} {"bill_id":"112_s3508","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SCORE for Small Business Act of \n2012''.\n\nSEC. 2. SCORE REAUTHORIZATION.\n\n (a) In General.--Section 20 of the Small Business Act (15 U.S.C. \n631 note) is amended--\n (1) by redesignating subsection (j) as subsection (f); and\n (2) by adding at the end the following:\n ``(g) SCORE Program.--There are authorized to be appropriated to \nthe Administrator to carry out the SCORE program authorized by section \n8(b)(1) such sums as are necessary for the Administrator to make grants \nor enter into cooperative agreements in a total amount that does not \nexceed--\n ``(1) $13,000,000 in fiscal year 2013;\n ``(2) $15,000,000 in fiscal year 2014; and\n ``(3) $17,000,000 in fiscal year 2015.''.\n\nSEC. 3. SCORE PROGRAM.\n\n Section 8 of the Small Business Act (15 U.S.C. 637) is amended--\n (1) in subsection (b)(1)(B), by striking `` a Service Corps \n of Retired Executives (SCORE)'' and inserting ``the SCORE \n program described in subsection (c)''; and\n (2) by striking subsection (c) and inserting the following:\n ``(c) SCORE Program.--\n ``(1) Definition.--In this subsection, the term `SCORE \n program' means the SCORE program authorized by subsection \n (b)(1)(B).\n ``(2) Volunteers.--\n ``(A) In general.--A volunteer participating in the \n SCORE program shall--\n ``(i) based on the business experience and \n knowledge of the volunteer--\n ``(I) provide at no cost to \n individuals who own, or aspire to own, \n small business concerns personal \n counseling, mentoring, and coaching \n relating to the process of starting, \n expanding, managing, buying, and \n selling a business; and\n ``(II) facilitate low-cost \n education workshops for individuals who \n own, or aspire to own, small business \n concerns; and\n ``(ii) as appropriate, use tools, \n resources, and expertise of other organizations \n to carry out the SCORE program.\n ``(B) Orientation.--The Administrator, in \n consultation with the SCORE Association, shall ensure \n that each volunteer participating in the SCORE program \n is adequately oriented and trained in the areas and \n disciplines necessary to ensure successful, outcome-\n oriented client interactions relating to the services \n provided by the SCORE program.\n ``(3) Plans and goals.--\n ``(A) Outreach.--The Administrator, in consultation \n with the SCORE Association, shall ensure that the SCORE \n program and each chapter of the SCORE program develop \n and implement plans and goals for outreach to \n individuals in rural, ethnically diverse, minority, and \n underserved communities, including a plan to recruit \n more diverse counselors.\n ``(B) Service.--The Administrator, in consultation \n with the SCORE Association, shall ensure that the SCORE \n program and each chapter of the SCORE program develop \n and implement plans and goals to more effectively and \n efficiently provide services to individuals in rural \n areas, economically disadvantaged communities, and \n other traditionally underserved communities, including \n plans for electronic initiatives, web-based \n initiatives, chapter expansion, partnerships, and the \n development of new skills by volunteers participating \n in the SCORE program.\n ``(4) Annual report.--The SCORE Association shall submit to \n the Administrator an annual report that contains--\n ``(A) the number of individuals counseled or \n trained under the SCORE program;\n ``(B) the number of hours of counseling provided \n under the SCORE program; and\n ``(C) to the extent possible--\n ``(i) the number of small business concerns \n formed with assistance from the SCORE program;\n ``(ii) the number of small business \n concerns expanded with assistance from the \n SCORE program; and\n ``(iii) the number of jobs created with \n assistance from the SCORE program.\n ``(5) Privacy requirements.--\n ``(A) In general.--Neither the Administrator nor \n the SCORE Association may disclose the name, address, \n or telephone number of any individual or small business \n concern receiving assistance from the SCORE Association \n without the consent of such individual or small \n business concern, unless--\n ``(i) the Administrator is ordered to make \n such a disclosure by a court in any civil or \n criminal enforcement action initiated by a \n Federal or State agency; or\n ``(ii) the Administrator determines such a \n disclosure to be necessary for the purpose of \n conducting a financial audit of the SCORE \n program, in which case disclosure shall be \n limited to the information necessary for the \n audit.\n ``(B) Administrator use of information.--This \n subsection shall not--\n ``(i) restrict the access of the \n Administrator to program activity data; or\n ``(ii) prevent the Administrator from using \n client information to conduct client surveys.\n ``(C) Regulations.--\n ``(i) In general.--The Administrator shall \n issue regulations to establish standards for--\n ``(I) disclosures with respect to \n financial audits under paragraph \n (1)(B); and\n ``(II) conducting client surveys, \n including standards for oversight of \n the surveys and for dissemination and \n use of client information.\n ``(ii) Maximum privacy protection.--The \n regulations issued under this paragraph shall, \n to the extent practicable, provide for the \n maximum amount of privacy protection.\n ``(iii) Inspector general.--Until the \n effective date of the regulations issued under \n this paragraph, any client survey and the use \n of any client information shall be approved by \n the Inspector General of the Administration, \n who shall include any such approval in the \n semi-annual report of the Inspector General.''.\n\nSEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et \nseq.) is amended--\n (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. \n 636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired \n Executives'' and inserting ``SCORE program''; and\n (2) in section 33(b)(2) (15 U.S.C. 657c(b)(2)), by striking \n ``Service Corps of Retired Executives'' and inserting ``SCORE \n program''.\n (b) Other Laws.--Section 621 of the Children's Health Insurance \nProgram Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--\n (1) in subsection (a), by striking paragraph (4) and \n inserting the following:\n ``(4) the term `SCORE program' means the SCORE program \n authorized by section 8(b)(1)(B) of the Small Business Act (15 \n U.S.C. 637(b)(1)(B));''; and\n (2) in subsection (b)(4)(A)(iv), by striking ``Service \n Corps of Retired Executives'' and inserting ``SCORE program''.","summary":"SCORE for Small Business Act of 2012 - Amends the Small Business Act to reauthorize for FY2013-FY2015 the SCORE program . Requires the Administrator of the Small Business Administration (SBA) to ensure that SCORE volunteers are adequately oriented and trained in areas and disciplines necessary to ensure successful, outcome-oriented interactions relating to services provided by the SCORE program. Directs the Administrator to ensure that the SCORE program and each SCORE chapter develop and implement plans and goals: (1) for outreach to individuals in rural, ethnically diverse, minority, and underserved communities. And (2) to more effectively and efficiently provide services to individuals in such communities. Requires the SCORE Association to report annually to the Administrator on SCORE counseling and training, as well as on the number of small businesses created or expanded with SCORE assistance. Outlines privacy requirements of the Administrator and the SCORE Association with respect to the disclosure of information concerning businesses assisted under the SCORE program.","title":"A bill to strengthen resources for entrepreneurs by improving the SCORE program, and for other purposes.","text_len":8975,"sum_len":1089} {"bill_id":"111_hr556","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southern Sea Otter Recovery and \nResearch Act''.\n\nSEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.\n\n (a) In General.--The Secretary of the Interior, acting through the \nUnited States Fish and Wildlife Service and the United States \nGeological Survey, shall carry out a recovery and research program for \nsouthern sea otter populations along the coast of California, informed \nby the prioritized research recommendations of the Final Revised \nRecovery Plan for the southern sea otter (Enhydra lutris nereis) \npublished by the United States Fish and Wildlife Service and dated \nFebruary 24, 2003, the Research Plan for California Sea Otter Recovery \nissued by the United States Fish and Wildlife Service Southern Sea \nOtter Recovery Implementation Team and dated March 2, 2007, and any \nother recovery, research, or conservation plan adopted by the United \nStates Fish and Wildlife Service after the date of enactment of this \nAct in accordance with otherwise applicable law. The Recovery and \nResearch Program shall include the following:\n (1) Monitoring, analysis, and assessment of southern sea \n otter population demographics, health, causes of mortality, and \n life history parameters, including range-wide population \n surveys.\n (2) Development and implementation of measures to reduce or \n eliminate potential factors limiting southern sea otter \n populations that are related to marine ecosystem health or \n human activities.\n (b) Reappointment of Recovery Implementation Team.--Not later than \none year after the date of enactment of this Act, the Secretary shall \nappoint persons to a southern sea otter recovery implementation team as \nauthorized under section 4(f)(2) of the Endangered Species Act of 1973 \n(16 U.S.C. 1533(f)(2)).\n (c) Southern Sea Otter Research and Recovery Grants.--\n (1) Grant authority.--The Secretary shall establish a peer-\n reviewed, merit-based process to award competitive grants for \n research regarding southern sea otters and for projects \n assisting the recovery of southern sea otter populations.\n (2) Peer review panel.--The Secretary shall establish as \n necessary a peer review panel to provide scientific advice and \n guidance to prioritize proposals for grants under this \n subsection.\n (3) Research grant subjects.--Research funded with grants \n under this subsection shall be in accordance with the research \n recommendations of any plan referred to in subsection (a), and \n may include the following topics:\n (A) Causes of sea otter mortality.\n (B) Southern sea otter demographics and natural \n history.\n (C) Effects and sources of pollutants, nutrients, \n and toxicants on southern sea otters and sequestration \n of contaminants.\n (D) Effects and sources of infectious diseases and \n parasites affecting southern sea otters.\n (E) Limitations on the availability of food \n resources for southern sea otters and the impacts of \n food limitation on southern sea otter carrying \n capacity.\n (F) Interactions between southern sea otters and \n coastal fisheries and other human activities in the \n marine environment.\n (G) Assessment of the keystone ecological role of \n sea otters in southern and central California's coastal \n marine ecosystems, including both the direct and \n indirect effects of sea otter predation, especially as \n these effects influence human welfare, resource \n utilization, and ecosystem services.\n (H) Assessment of the adequacy of emergency \n response and contingency plans.\n (4) Recovery project subjects.--Recovery projects funded \n with grants under this subsection shall be conducted in \n accordance with recovery recommendations of any plan referred \n to in subsection (a), and may include projects to--\n (A) protect and recover southern sea otters;\n (B) reduce, mitigate, or eliminate potential \n factors limiting southern sea otter populations that \n are related to human activities, including projects \n to--\n (i) reduce, mitigate, or eliminate factors \n contributing to mortality, adversely affecting \n health, or restricting distribution and \n abundance; and\n (ii) reduce, mitigate, or eliminate factors \n that harm or reduce the quality of southern sea \n otter habitat or the health of coastal marine \n ecosystems; and\n (C) implement emergency response and contingency \n plans.\n (d) Report.--The Secretary shall--\n (1) within 12 months after the date of enactment of this \n Act, report to Congress on--\n (A) the status of southern sea otter populations;\n (B) implementation of the Recovery and Research \n Program and the grant program; and\n (C) any relevant formal consultations conducted \n under section 7 of the Endangered Species Act of 1973 \n (16 U.S.C. 1536) with respect to the southern sea \n otter; and\n (2) within 24 months after the date of enactment of this \n Act and every 5 years thereafter, and in consultation with a \n southern sea otter recovery implementation team (if any) that \n is otherwise being utilized by the Secretary under section 4(f) \n of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), \n report to Congress and the public on--\n (A) an evaluation of southern sea otter health, \n causes of southern sea otter mortality, and the \n interactions of southern sea otters with California's \n coastal marine ecosystems;\n (B) an evaluation of actions taken to improve \n southern sea otter health, reduce southern sea otter \n mortality, and improve southern sea otter habitat;\n (C) recommendation for actions, pursuant to current \n law, to improve southern sea otter health, reduce the \n occurrence of human-related mortality, and improve the \n health of such coastal marine ecosystems; and\n (D) recommendations for funding to carry out this \n Act.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Recovery and research program.--The term ``Recovery and \n Research Program'' means the recovery and research program \n under section 2(a).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the United States Fish and \n Wildlife Service and the United States Geological Survey.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to the \nSecretary to carry out this Act $5,000,000 for each of fiscal years \n2010 through 2015 of which--\n (1) no less than 30 percent shall be for research grants \n under section 2(c)(3); and\n (2) no less than 30 percent shall be for recovery projects \n under section 2(c)(4).\n (b) Administrative Expenses.--Of amounts available each fiscal year \nto carry out this Act, the Secretary may expend not more than 7 percent \nto pay the administrative expenses necessary to carry out this Act.\n\nSEC. 5. TERMINATION.\n\n This Act shall have no force or effect on and after the date the \nSecretary (as that term is used in section 4(c)(2) of the Endangered \nSpecies Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination \nthat the southern sea otter should be removed from the lists published \nunder section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. \n1533(c)).\n\n Passed the House of Representatives July 28, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service (USFWS) and the United States Geological Survey (USGS), to carry out a Recovery and Research Program for southern sea otter populations along the coast of California that includes: (1) monitoring, analysis, and assessment of population demographics, health, mortality, and life history parameters. And (2) implementation of measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. Requires the Secretary to: (1) appoint persons to a southern sea otter recovery implementation team as authorized under the Endangered Species Act of 1973 within a year. (2) establish a peer-reviewed, merit-based process to award competitive grants for research regarding such otters and for projects assisting the recovery of otter populations. And (3) establish a peer review panel to provide scientific advice and guidance to prioritize proposals for grants. Authorizes research grant topics to include: (1) causes of sea otter mortality, (2) southern sea otter demographics and natural history. (3) effects and sources of pollutants, nutrients, and toxicants on such otters and sequestration of contaminants. (4) effects and sources of infectious diseases and parasites affecting such otters. (5) limitations on the availability of food resources for such otters and the impacts of food limitation on southern sea otter carrying capacity. (6) interactions between southern sea otters and coastal fisheries and other human activities in the marine environment. (7) assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems. And (8) assessment of the adequacy of emergency response and contingency plans. Authorizes funded recovery projects to include projects to: (1) protect and recover southern sea otters. (2) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities. And (3) implement emergency response and contingency plans. Requires the Secretary, within 12 months, to report to Congress on: (1) the status of southern sea otter populations, (2) implementation of the research and grant programs. And (3) endangered species consultations regarding southern sea otters. Requires the Secretary, within 24 months and every five years thereafter, to report to Congress and the public on: (1) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems. (2) an evaluation of actions taken to improve otter health, reduce mortality, and improve southern sea otter habitat. (3) recommendation for actions to improve otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems. And (4) recommendations for funding to implement this Act. Authorizes appropriations for each of FY2010-FY2015. Terminates this Act on the date the Secretary publishes a determination that the southern sea otter should be removed from the endangered species and threatened species lists.","title":"To establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter.","text_len":8661,"sum_len":3277} {"bill_id":"103_s382","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Unemployment Compensation \nAmendments of 1993''.\n\nSEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.\n\n (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the \nEmergency Unemployment Compensation Act of 1991 (Public Law 102-164, as \namended) are each amended by striking ``March 6, 1993'' and inserting \n``October 2, 1993''.\n (b) Modification to Final Phase-Out.--Paragraph (2) of section \n102(f) of such Act is amended--\n (1) by striking ``March 6, 1993'' and inserting ``October \n 2, 1993'', and\n (2) by striking ``June 19, 1993'' and inserting ``January \n 15, 1994''.\n (c) Conforming Amendment.--Paragraph (1) of section 101(e) of such \nAct is amended by striking ``March 6, 1993'' each place it appears and \ninserting ``October 2, 1993''.\n (d) Effective Date.--The amendments made by this section shall \napply to weeks beginning after \nMarch 6, 1993.\n\nSEC. 3. TREATMENT OF RAILROAD WORKERS.\n\n (a) Extension of Program.--\n (1) In general.--Paragraphs (1) and (2) of section 501(b) \n of the Emergency Unemployment Compensation Act of 1991 (Public \n Law 102-164, as amended) are each amended by striking ``March \n 6, 1993'' and inserting ``October 2, 1993''.\n (2) Conforming amendment.--Section 501(a) of such Act is \n amended by striking ``March 1993'' and inserting ``October \n 1993''.\n (b) Termination of Benefits.--Section 501(e) of such Act is \namended--\n (1) by striking ``March 6, 1993'' and inserting ``October \n 2, 1993'', and\n (2) by striking ``June 19, 1993'' and inserting ``January \n 15, 1994''.\n (c) Effective Date.--The amendments made by this section shall \napply to weeks beginning after \nMarch 6, 1993.\n\nSEC. 4. PROFILING OF NEW CLAIMANTS.\n\n (a) General Rule.--The Secretary of Labor shall establish a program \nfor encouraging the adoption and implementation by all States of a \nsystem of profiling all new claimants for regular unemployment \ncompensation (including new claimants under each State unemployment \ncompensation law which is approved under the Federal Unemployment Tax \nAct (26 U.S.C. 3301-3311) and new claimants under Federal unemployment \nbenefit and allowance programs administered by the State under \nagreements with the Secretary of Labor), to determine which claimants \nmay be likely to exhaust regular unemployment compensation and may need \nreemployment assistance services to make a successful transition to new \nemployment.\n (b) Technical Assistance to States.--The Secretary of Labor shall \nprovide technical assistance and advice to the States in the \ndevelopment of model profiling systems and the procedures for such \nsystems. Such technical assistance and advice shall be provided by the \nutilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems \nappropriate, and the procedures for such profiling systems shall \ninclude the effective utilization of automated data processing.\n (c) Funding of Activities.--For purposes of encouraging the \ndevelopment and establishment of model profiling systems in the States, \nthe Secretary of Labor shall provide to each State, from funds \navailable for this purpose, such funds as may be determined by the \nSecretary to be necessary.\n (d) Report to Congress.--Within 30 months after the date of the \nenactment of this Act, the Secretary of Labor shall report to the \nCongress on the operation and effectiveness of the profiling systems \nadopted by the States, and the Secretary's recommendation for \ncontinuation of the systems and any appropriate legislation.\n (e) State.--For purposes of this section, the term ``State'' has \nthe meaning given such term by section 3306(j)(1) of the Internal \nRevenue Code of 1986.\n (f) Effective Date.--The provisions of this section shall take \neffect on the date of the enactment of this Act.\n\n-S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F \n -A-P-P-R-O-P-R-I-A-T-I-O-N-S-.\n\n -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e \n-a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e \n-a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s \n-t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d \n-O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f \n-L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r \n-t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d \n-u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-' \n-e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e \n-S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y \n-b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s \n-o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2 \n-t-h-i-s -A-c-t-.\n\nSEC. 5. FINANCING PROVISIONS.\n\n (a) Authorization.--There are authorized to be appropriated for \nnonrepayable advances to the account for ``Advances to the Unemployment \nTrust Fund and Other Funds'' in Department of Labor Appropriations Acts \n(for transfer to the ``extended unemployment compensation account'' \nestablished by section 905 of the Social Security Act) such sums as may \nbe necessary to make payments to the States to carry out the purposes \nof the amendments made by section 2 of this Act.\n (b) Use of Advance Account Funds.--The funds appropriated to the \naccount for ``Advances to the Unemployment Trust Fund and Other Funds'' \nin the Department of Labor Appropriation Act for Fiscal Year 1993 \n(Public Law 102-394) are authorized to be used to make payments to the \nStates to carry out the purposes of the amendments made by section 2 of \nthis Act.\n\nSEC. 6. EMERGENCY DESIGNATION.\n\n Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced \nBudget and Emergency Deficit Control Act of 1985, the Congress hereby \ndesignates all direct spending amounts provided by this Act (for all \nfiscal years) and all appropriations authorized by this Act (for all \nfiscal years) as emergency requirements within the meaning of part C of \nthe Balanced Budget and Emergency Deficit Control Act of 1985.","summary":"Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 . Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 . Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits . Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services. Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary. Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act. Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program. Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 . Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994.","title":"Emergency Unemployment Compensation Amendments of 1993","text_len":6188,"sum_len":1450} {"bill_id":"107_s1344","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Commercial Driving \nTraining and Technical Assistance Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) despite the availability of abundant natural resources \n on land under the jurisdiction of Indian tribes and the \n existence of a rich cultural legacy that accords great value to \n self-determination, self-reliance, and independence, Native \n Americans suffer higher rates of unemployment, poverty, poor \n health, substandard housing, and associated social problems \n than any other group in the United States;\n (2) the United States has an obligation to assist Native \n American communities in the establishment of appropriate \n economic and political conditions;\n (3) the economic success and material well-being of Indian \n communities depend on the combined efforts of the Federal \n Government, tribal governments, the private sector, and \n individuals;\n (4) commercial vehicle driving programs are currently \n offered at several tribal colleges and universities;\n (5) the American Trucking Association reports that at least \n until 2005, the trucking industry will need to hire 403,000 \n truck drivers each year to fill vacant positions;\n (6) according to the Federal Government Occupational \n Handbook, the commercial vehicle driving industry is expected \n to expand at the average rate of expansion for all occupations \n through the year 2008 because of economic growth and an \n increase in the quantity of freight carried by trucks; and\n (7) a career in commercial vehicle driving offers a \n competitive salary, employment benefits, job security, and a \n profession.\n (b) Purposes.--The purposes of this Act are--\n (1) to foster and promote job creation and economic \n opportunities for Native Americans; and\n (2) to provide education, technical, and training \n assistance to Native Americans who are interested in commercial \n vehicle driving careers.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commercial vehicle driving.--The term ``commercial \n vehicle driving'' means the driving of--\n (A) a vehicle that is a tractor-trailer truck; or\n (B) any other vehicle (such as a bus or a vehicle \n used for the purpose of construction) the driving of \n which requires a commercial license.\n (2) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (3) Native american.--The term ``Native American'' means an \n individual who is a member of--\n (A) an Indian tribe; or\n (B) any people or culture that is indigenous to the \n United States, as determined by the Secretary.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n\nSEC. 4. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.\n\n (a) Grants.--The Secretary may provide grants, on a competitive \nbasis, to entities described in subsection (b) to support programs \nproviding training and certificates leading to the licensing of Native \nAmericans with respect to commercial vehicle driving.\n (b) Eligibility.--To be eligible to receive a grant under \nsubsection (a), an entity shall--\n (1) be a tribal college or university (as defined in \n section 316(b)(3) of the Higher Education Act (20 U.S.C. \n 1059(b)(3)); and\n (2) prepare and submit to the Secretary an application at \n such time, in such manner, and containing such information as \n the Secretary may require.\n (c) Priority.--In providing grants under subsection (a), the \nSecretary shall give priority to grant applications that--\n (1) propose training that exceeds proposed minimum \n standards for training tractor-trailer drivers of the \n Department of Transportation;\n (2) propose training that exceeds the entry level truck \n driver certification standards set by the Professional Truck \n Driver Institute; and\n (3) propose an education partnership with a private \n trucking firm, trucking association, or similar entity in order \n to ensure the effectiveness of the grant program under this \n section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this Act.\n\n Passed the Senate September 17, 2002.\n\n Attest:\n\n Secretary.\n107th CONGRESS\n\n 2d Session\n\n S. 1344\n\n_______________________________________________________________________\n\n AN ACT\n\n To provide training and technical assistance to Native Americans who \n are interested in commercial vehicle driving careers.","summary":"Native American Commercial Driving Training and Technical Assistance Act - Authorizes the Secretary of Labor to award grants to eligible entities to support commercial vehicle driving training programs. Requires the Secretary to give priority to grant applications that propose: (1) training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation. (2) training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute. And (3) education partnerships with private trucking firms, trucking associations, or similar entities. Authorizes appropriations.","title":"A bill to provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers.","text_len":5271,"sum_len":663} {"bill_id":"107_s2067","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Medicare Safety \nNet Access Act of 2002''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Supplemental reimbursement for Federally qualified health \n centers participating in medicare managed \n care.\nSec. 3. Revision of Federally qualified health center payment limits.\nSec. 4. Coverage of additional Federally qualified health center \n services.\nSec. 5. Providing safe harbor for certain collaborative efforts that \n benefit medically underserved populations.\n\nSEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH \n CENTERS PARTICIPATING IN MEDICARE MANAGED CARE.\n\n (a) Supplemental Reimbursement.--\n (1) In general.--Section 1833(a)(3) of the Social Security \n Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows:\n ``(3) in the case of services described in section \n 1832(a)(2)(D)--\n ``(A) except as provided in subparagraph (B), the \n costs which are reasonable and related to the cost of \n furnishing such services or which are based on such \n other tests of reasonableness as the Secretary may \n prescribe in regulations, including those authorized \n under section 1861(v)(1)(A), less the amount a provider \n may charge as described in clause (ii) of section \n 1866(a)(2)(A), but in no case may the payment for such \n services (other than for items and services described \n in section 1861(s)(10)(A)) exceed 80 percent of such \n costs; or\n ``(B) with respect to the services described in \n clause (ii) of section 1832(a)(2)(D) that are furnished \n to an individual enrolled with a Medicare+Choice \n organization under part C pursuant to a written \n agreement described in section 1853(j), the amount by \n which--\n ``(i) the amount of payment that would have \n otherwise been provided under subparagraph (A) \n (calculated as if `100 percent' were \n substituted for `80 percent' in such \n subparagraph) for such services if the \n individual had not been so enrolled; exceeds\n ``(ii) the amount of the payments received \n under such written agreement for such services \n (not including any financial incentives \n provided for in such agreement such as risk \n pool payments, bonuses, or withholds),\n less the amount the Federally qualified health center \n may charge as described in section 1857(e)(3)(C);''.\n (b) Continuation of Medicare+Choice Monthly Payments.--\n (1) In general.--Section 1853 of the Social Security Act \n (42 U.S.C. 1395w-23) is amended by adding at the end the \n following new subsection:\n ``(j) Special Payment Rule for Federally Qualified Health Center \nServices.--If an individual who is enrolled with a Medicare+Choice \norganization under this part receives a service from a Federally \nqualified health center that has a written agreement with such \norganization for providing such a service (including any agreement \nrequired under section 1857(e)(3))--\n ``(1) the Secretary shall pay the amount determined under \n section 1833(a)(3)(B) directly to the Federally qualified \n health center not less frequently than quarterly; and\n ``(2) the Secretary shall not reduce the amount of the \n monthly payments to the Medicare+Choice organization made under \n section 1853(a) as a result of the application of paragraph \n (1).''.\n (2) Conforming amendments.--\n (A) Paragraphs (1) and (2) of section 1851(i) of \n the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are \n each amended by inserting ``1853(j),'' after \n ``1853(h),''.\n (B) Section 1853(c)(5) is amended by striking \n ``subsections (a)(3)(C)(iii) and (i)'' and inserting \n ``subsections (a)(3)(C)(iii), (i), and (j)(1)''.\n (c) Additional Medicare+Choice Contract Requirements.--Section \n1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended \nby adding at the end the following new paragraph:\n ``(3) Agreements with federally qualified health centers.--\n ``(A) Ensuring equal access to services of fqhcs.--\n A contract under this part shall require the \n Medicare+Choice organization to enter into (and to \n demonstrate to the Secretary that it has entered into) \n a sufficient number of written agreements with \n Federally qualified health centers providing Federally \n qualified health center services for which payment may \n be made under this title in the service area of each \n Medicare+Choice plan offered by such organization so \n that such services are reasonably available to \n individuals enrolled in the plan.\n ``(B) Ensuring equal payment levels and amounts.--A \n contract under this part shall require the \n Medicare+Choice organization to provide a level and \n amount of payment to each Federally qualified health \n center for services provided by such health center that \n are covered under the written agreement described in \n subparagraph (A) that is not less than the level and \n amount of payment that the organization would make for \n such services if the services had been furnished by a \n provider of services that was not a Federally qualified \n health center.\n ``(C) Cost-sharing.--Under the written agreement \n described in subparagraph (A), a Federally qualified \n health center must accept the Medicare+Choice contract \n price plus the Federal payment as payment in full for \n services covered by the contract, except that such a \n health center may collect any amount of cost-sharing \n permitted under the contract under this part, so long \n as the amounts of any deductible, coinsurance, or \n copayment comply with the requirements under section \n 1854(e) and do not result in a total payment to the \n center in excess of the amount determined under section \n 1833(a)(3)(A) (calculated as if `100 percent' were \n substituted for `80 percent' in such section).''.\n (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3) \nof the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--\n (1) in subparagraph (E), by striking ``and'' after the \n semicolon at the end;\n (2) in subparagraph (F), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(G) any remuneration between a Federally \n qualified health center (or an entity controlled by \n such a health center) and a Medicare+Choice \n organization pursuant to the written agreement \n described in section 1853(j).''.\n (e) Effective Date.--The amendments made by this section shall \napply to services provided on or after January 1, 2003, and contract \nyears beginning on or after such date.\n\nSEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS.\n\n (a) Per Visit Payment Requirements for FQHCs.--Section \n1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as \namended by section 2(a), is amended by adding ``(which regulations may \nnot limit the per visit payment amount, or a component of such amount, \nfor services described in section 1832(a)(2)(D)(ii))'' after ``the \nSecretary may prescribe in regulations''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to services provided on or after January 1, 2003.\n\nSEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER \n SERVICES.\n\n (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of \nthe Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as \nfollows:\n ``(3) The term `Federally qualified health center services' means--\n ``(A) services of the type described in subparagraphs (A) \n through (C) of paragraph (1), and such other services furnished \n by a Federally qualified health center for which payment may \n otherwise be made under this title if such services were \n furnished by a health care provider or health care professional \n other than a Federally qualified health center; and\n ``(B) preventive primary health services that a center is \n required to provide under section 330 of the Public Health \n Service Act,\nwhen furnished to an individual as a patient of a Federally qualified \nhealth center.''.\n (b) Offsite FQHC Services.--\n (1) Patients of hospitals and critical access hospitals.--\n Section 1862(a)(14) of the Social Security Act (42 U.S.C. \n 1395y(a)) is amended by inserting ``Federally qualified health \n center services,'' after ``qualified psychologist services,''.\n (2) Exclusion of federally qualified health center services \n from the pps for skilled nursing facilities.--Section 1888(e) \n of the Social Security Act (42 U.S.C. 1395yy(e)) is amended--\n (A) in paragraph (2)(A)(i)(II), by striking \n ``clauses (ii) and (iii)'' and inserting ``clauses (ii) \n through (iv)''; and\n (B) by adding at the end of paragraph (2)(A) the \n following new clause:\n ``(iv) Exclusion of federally qualified \n health center services.--Services described in \n this clause are Federally qualified health \n center services (as defined in section \n 1861(aa)(3)).''.\n (c) Technical Corrections.--\n (1) Section 1861(aa)(1)(B) of the Social Security Act (42 \n U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection \n (hh)(1)),,'' and inserting ``subsection (hh)(1)),''.\n (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of \n the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each \n amended by striking ``(other than subsection (h))''.\n (d) Effective Dates.--The amendments made--\n (1) by subsections (a) and (b) shall apply to services \n furnished on or after January 1, 2003; and\n (2) by subsection (c) shall take effect on the date of \n enactment of this Act.\n\nSEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT \n BENEFIT MEDICALLY UNDERSERVED POPULATIONS.\n\n (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 \nU.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended--\n (1) in subparagraph (F), by striking ``and'' after the \n semicolon at the end;\n (2) in subparagraph (G), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(H) any remuneration between a public or \n nonprofit private health center entity described under \n clauses (i) and (ii) of section 1905(l)(2)(B) and any \n individual or entity providing goods, items, services, \n donations or loans, or a combination thereof, to such \n health center entity pursuant to a contract, lease, \n grant, loan, or other agreement, if such agreement \n produces a community benefit that will be used by the \n health center entity to maintain or increase the \n availability or accessibility, or enhance the quality, \n of services provided to a medically underserved \n population served by the health center entity.''.\n (b) Rulemaking for Exception for Health Center Entity \nArrangements.--\n (1) Establishment.--\n (A) In general.--The Secretary of Health and Human \n Services (in this subsection referred to as the \n ``Secretary'') shall establish, on an expedited basis, \n standards relating to the exception for health center \n entity arrangements to the antikickback penalties \n described in section 1128B(b)(3)(F) of the Social \n Security Act, as added by subsection (a).\n (B) Factors to consider.--In establishing standards \n relating to the exception for health center entity \n arrangements under subparagraph (A), the Secretary--\n (i) shall extend the exception where the \n arrangement between the health center entity \n and the other party--\n (I) results in savings of Federal \n grant funds or increased revenues to \n the health center entity;\n (II) does not limit or restrict a \n patient's freedom of choice; and\n (III) does not interfere with a \n health care professional's independent \n medical judgment regarding medically \n appropriate treatment; and\n (ii) may include other standards and \n criteria that are consistent with the intent of \n Congress in enacting the exception established \n under this subsection.\n (2) Interim final effect.--No later than 60 days after the \n date of enactment of this Act, the Secretary shall publish a \n rule in the Federal Register consistent with the factors under \n paragraph (1)(B). Such rule shall be effective and final \n immediately on an interim basis, subject to change and revision \n after public notice and opportunity (for a period of not more \n than 60 days) for public comment, provided that any change or \n revision shall be consistent with this subsection.","summary":"Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a MedicareChoice organization under Medicare part C (MedicareChoice), allowing for supplemental reimbursement, among other changes. Amends MedicareChoice to add additional MedicareChoice contract requirements. Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC and a MedicareChoice organization pursuant to a specified written agreement. And (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity. Amends Medicare to provide for coverage of additional FQHC services. Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties.","title":"A bill to amend title XVIII of the Social Security Act to enhance the access of medicare beneficiaries who live in medically underserved areas to critical primary and preventive health care benefits, to improve the Medicare+Choice program, and for other purposes.","text_len":15313,"sum_len":1513} {"bill_id":"103_hr2573","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Safety Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The problem of family violence does not necessarily \n cease when the victimized family is legally separated, \n divorced, or otherwise not sharing a household. During \n separation and divorce, family violence often escalates, and \n child custody and visitation become the new forum for the \n continuation of abuse.\n (2) Current child custody and visitation laws are based on \n incorrect assumptions that divorcing parents are in relatively \n equal positions of power and that such parents always act in \n the children's best interest. These laws often work against the \n protection of the children and the abused spouse or intimate \n partner in families with a history of family violence.\n (3) Some perpetrators use the children as pawns to control \n the abused party after the couple is separated.\n (4) Every year an estimated 1,000 to 5,000 children are \n killed by their parents in the United States.\n (5) In 1988, the Department of Justice reported that \n 354,100 children were abducted by family members who violated \n custody agreements or decrees. Most victims were children from \n ages 2 to 11 years.\n (6) Approximately 160,000 children are seriously injured or \n impaired by abuse or neglect each year.\n (7) Studies by the American Humane Association indicate \n that reports of child abuse and neglect have increased by over \n 200 percent from 1976 to 1986.\n (8) Approximately 90 percent of children in homes in which \n their mothers are abused witness the abuse.\n (9) Data indicates that women and children are at elevated \n risk for violence during the process of and after separation.\n (10) Fifty to 70 percent of men who abuse their spouses or \n partners also abuse their children.\n (11) Up to 75 percent of all domestic assaults reported to \n law enforcement agencies were inflicted after the separation of \n the couples.\n (12) In one study of spousal homicide, over half of the \n male defendants were separated from their victims.\n (13) Seventy-three percent of battered women seeking \n emergency medical services do so after separation.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to authorize funding to enable \nsupervised visitation centers to provide the following:\n (1) Supervised visitation in cases where there is \n documented sexual, physical or emotional abuse as determined by \n the appropriate court.\n (2) Supervised visitation in cases where there is suspected \n or elevated risk of sexual, physical or emotional abuse, or \n where there have been threats of parental abduction of the \n child.\n (3) Supervised visitation for children who have been placed \n in foster homes as a result of abuse.\n (4) An evaluation of visitation between parents and \n children for child protection social services to assist such \n service providers in making determinations of whether the \n children should be returned to a previously abusive home.\n (5) A safe location for custodial parents to temporarily \n transfer custody of their children with non-custodial parents, \n or to provide a protected visitation environment, where there \n has been a history of domestic violence or an order for \n protection is involved.\n (6) An additional safeguard against the child witnessing \n abuse or a safeguard against the injury or death of a child or \n parent.\n (7) An environment for families to have healthy interaction \n activities, quality time, non-violent memory building \n experiences during visitation to help build the parent\/child \n relationship.\n (8) Parent and child education and support groups to help \n parents heal and learn new skills, and to help children heal \n from past abuse.\n\nSEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.\n\n (a) In General.--The Secretary of Health and Human Services \n(hereafter referred to in this Act as the ``Secretary'') is authorized \nto award grants to and enter into contracts and cooperative agreements \nwith public or nonprofit private entities to assist such entities in \nthe establishment and operation of supervised visitation centers.\n (b) Considerations.--In awarding grants, contracts and agreements \nunder subsection (a), the Secretary shall take into account--\n (1) the number of families to be served by the proposed \n visitation center to be established under the grant, contract \n or agreement;\n (2) the extent to which supervised visitation centers are \n needed locally;\n (3) the relative need of the applicant; and\n (4) the capacity of the applicant to make rapid and \n effective use of assistance provided under the grant, contract \n or agreement.\n (c) Use of Funds.--\n (1) In general.--Amounts provided under a grant, contract \n or cooperative agreement awarded under this section shall be \n used to establish supervised visitation centers and for the \n purposes described in section 3. In using such amounts, \n grantees shall target the economically disadvantaged and those \n individuals who could not otherwise afford such visitation \n services. Other individuals may be permitted to utilize the \n services provided by the center on a fee basis.\n (2) Costs.--To the extent practicable, the Secretary shall \n ensure that, with respect to recipients of grants, contracts or \n agreements under this section, the perpetrators of the family \n violence, abuse or neglect will be responsible for any and all \n costs associated with the supervised visitation undertaken at \n the center.\n\nSEC. 5. DEMONSTRATION GRANT APPLICATION.\n\n (a) In General.--A grant, contract or cooperative agreement may not \nbe made or entered into under this Act unless an application for such \ngrant, contract or cooperative agreement has been submitted to and \napproved by the Secretary.\n (b) Approval.--Grants, contracts and cooperative agreements under \nthis Act shall be awarded in accordance with such regulations as the \nSecretary may promulgate. At a minimum, to be approved by the Secretary \nunder this section an application shall--\n (1) demonstrate that the applicant has recognized expertise \n in the area of family violence and a record of high quality \n service to victims of family violence; and\n (2) be submitted from an entity located in a State where \n State law requires the courts to consider evidence of violence \n in custody decisions.\n\nSEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.\n\n (a) In General.--Not later than 30 days after the end of each \nfiscal year, a recipient of a grant, contract or cooperative agreement \nunder this Act shall prepare and submit to the Secretary a report that \ncontains information concerning--\n (1) the number of families served per year;\n (2) the number of families served per year categorized by--\n (A) families who require that supervised visitation \n because of child abuse only;\n (B) families who require supervised visitation \n because of a combination of child abuse and domestic \n violence; and\n (C) families who require supervised visitation \n because of domestic violence only;\n (3) the number of visits per family in the report year \n categorized by--\n (A) supervised visitation required by the courts;\n (B) supervised visitation based on suspected or \n elevated risk of sexual, physical, or emotional abuse, \n or threats of parental abduction of the child that is \n not court mandated;\n (C) supervised visitation that is part of a foster \n care arrangement; and\n (D) supervised visitation because of an order of \n protection;\n (4) the number of supervised visitation arrangements \n terminated because of violations of visitation terms, including \n violence;\n (5) the number of protective temporary transfers of custody \n during the report year;\n (6) the number of parental abduction cases in a judicial \n district using supervised visitation services, both as \n identified in criminal prosecution and custody violations;\n (7) the number of safety and security problems that occur \n during the report year;\n (8) the number of families who are turned away because the \n center cannot accommodate the demand for services;\n (9) the process by which children or abused partners will \n be protected during visitations, temporary custody transfers \n and other activities for which the supervised visitation \n centers are created; and\n (10) any other information determined appropriate in \n regulations promulgated by the Secretary.\n (b) Evaluation.--In addition to submitting the reports required \nunder subsection (a), an entity receiving a grant, contract or \ncooperative agreement under this Act shall have a collateral agreement \nwith the court, the child protection social services division of the \nState, and local domestic violence agencies or State and local domestic \nviolence coalitions to evaluate the supervised visitation center \noperated under the grant, contract or agreement. The entities \nconducting such evaluations shall submit a narrative evaluation of the \ncenter to both the center and the grantee.\n (c) Demonstration of Need.--The recipient of a grant, contract or \ncooperative agreement under this Act shall demonstrate, during the \nfirst 3 years of the project operated under the grant, contract or \nagreement, the need for continued funding.\n\nSEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON \n SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.\n\n (a) Authorization.--The Secretary is authorized to award special \ngrants to public or nonprofit private entities to assist such entities \nin collecting clinical data for supervised visitation centers \nestablished under this Act to determine--\n (1) the extent to which supervised visitation should be \n allowed between children who are sexually abused or severely \n physically abused by a parent, where the visitation is not \n predicated on the abusive parent having successively completed \n a specialized course of therapy for such abusers;\n (2) the effect of supervised visitation on child victims of \n sexual abuse or severe physical abuse when the abusive parent \n exercising visitation has not completed specialized therapy and \n does not use the visitation to alleviate the child victim's \n guilt, fear, or confusion;\n (3) the relationship between the type of abuse or neglect \n experienced by the child and the use of supervised visitation \n centers by the maltreating parent; and\n (4) in cases of spouse or partner abuse only, the extent to \n which supervised visitation should be predicated on \n participation by the abusive spouse in a specialized treatment \n program.\n (b) Application.--To be eligible to receive a grant under this \nsection an entity shall prepare and submit to the Secretary an \napplication at such time, in such manner and containing such \ninformation as the Secretary may require, including documentary \nevidence to demonstrate that the entity possesses a high level of \nclinical expertise and experience in child abuse treatment and \nprevention as they relate to visitation. The level of clinical \nexpertise and experience required will be determined by the Secretary.\n (c) Report.--Not later than 1 year after the date on which a grant \nis received under this section, and each year thereafter for the \nduration of the grant, the grantee shall prepare and submit to the \nSecretary a report containing the clinical data collected under such \ngrant.\n\nSEC. 8. REPORTING.\n\n Not later than 18 months after the date of enactment of this Act, \nand annually thereafter, the Secretary shall prepare and submit to the \nappropriate committees of Congress a report containing the information \ncollected under the reports received under sections 6 and 7, including \nrecommendations made by the Secretary concerning whether or not the \nsupervised visitation center demonstration and clinical data programs \nshould be reauthorized.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--For the purpose of awarding grants, contracts and \ncooperative agreements under this Act, there are authorized to be \nappropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal \nyear 1995, and $50,000,000 for fiscal year 1996.\n (b) Distribution.--Of the amounts appropriated under subsection (a) \nfor each fiscal year--\n (1) not less than 80 percent shall be used to award grants, \n contracts, or cooperative agreements under section 5; and\n (2) not more than 20 percent shall be used to award grants \n under section 7.\n (c) Disbursement.--Amounts appropriated under this section shall be \ndisbursed as categorical grants through the 10 regional offices of the \nDepartment of Health and Human Services.","summary":"Child Safety Act - Authorizes the Secretary of Health and Human Services to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to: (1) establish and operate supervised visitation centers for child abuse victims. And (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children. Authorizes appropriations.","title":"Child Safety Act","text_len":14050,"sum_len":445} {"bill_id":"107_hr5566","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Community Renewal Act of \n2002''.\n\nSEC. 2. ADDITIONAL DESIGNATIONS OF RENEWAL COMMUNITIES.\n\n (a) In General.--Section 1400E of the Internal Revenue Code of 1986 \n(relating to designation of renewal communities) is amended by \nredesignating subsection (f) as subsection (g) and by inserting after \nsubsection (e) the following new subsection:\n ``(f) Additional Designations Permitted.--\n ``(1) In general.--In addition to the areas designated \n under subsection (a), the Secretary of Housing and Urban \n Development may designate in the aggregate an additional 20 \n nominated areas as renewal communities under this section, \n subject to the availability of eligible nominated areas. Of \n that number, not less than 5 shall be designated in areas \n described in subsection (a)(2)(B).\n ``(2) Period designations may be made and take effect.--A \n designation may be made under this subsection after the date of \n the enactment of this subsection and before January 1, 2004. \n Subject to subparagraphs (B) and (C) of subsection (b)(1), such \n designations shall remain in effect during the period beginning \n on January 1, 2004, and ending on December 31, 2011.\n ``(3) Modifications to eligibility determinations.--The \n rules of this section shall apply to designations under this \n subsection, except that population and poverty rate shall be \n determined by using the 2000 census.''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 3. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY \n WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES.\n\n (a) In General.--Part III of subchapter O of chapter 1 of the \nInternal Revenue Code of 1986 (relating to common nontaxable exchanges) \nis amended by adding at the end the following new section:\n\n``SEC. 1046. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL \n PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. \n BUSINESSES.\n\n ``(a) Nonrecognition of Gain.--In the case of a sale of real \nproperty held by the taxpayer for more than 1 year and with respect to \nwhich the taxpayer elects the application of this section, gain from \nsuch sale shall be recognized only to the extent that the amount \nrealized on such sale exceeds--\n ``(1) the cost of any qualified asset purchased by the \n taxpayer during the 60-day period beginning on the date of such \n sale, reduced by\n ``(2) any portion of such cost previously taken into \n account under this section.\n ``(b) Qualified Asset.--For purposes of this section, the term \n`qualified asset' means--\n ``(1) any qualified empowerment zone asset (as defined in \n section 1397B),\n ``(2) any qualified community asset (as defined in section \n 1400F(b)), and\n ``(3) any property which would be a qualified empowerment \n zone asset (as so defined) if enterprise communities and HUB \n zones were treated as empowerment zones.\n ``(c) Special Rules.--\n ``(1) Ordinary income not eligible for rollover.--This \n section shall not apply to any gain which is treated as \n ordinary income for purposes of this subtitle.\n ``(2) Purchase.--A taxpayer shall be treated as having \n purchased any property if, but for paragraph (4), the \n unadjusted basis of such property in the hands of the taxpayer \n would be its cost (within the meaning of section 1012).\n ``(3) Basis adjustments.--If gain from any sale is not \n recognized by reason of subsection (a), such gain shall be \n applied to reduce (in the order acquired) the basis for \n determining gain or loss of any qualified asset which is \n purchased by the taxpayer during the 60-day period described in \n subsection (a). This paragraph shall not apply for purposes of \n section 1202.\n ``(4) Holding period.--For purposes of determining whether \n the nonrecognition of gain under subsection (a) applies to any \n qualified asset which is sold--\n ``(A) the taxpayer's holding period for such asset \n and the asset referred to in subsection (a)(1) shall be \n determined without regard to section 1223, and\n ``(B) only the first year of the taxpayer's holding \n period for the asset referred to in subsection (a)(1) \n shall be taken into account for purposes of paragraphs \n (2)(A)(iii), (3)(C), and (4)(A)(iii) of section \n 1400F(b) or comparable rules under section 1397B.''.\n (b) Technical Amendments.--\n (1) Paragraph (23) of section 1016(a) of such Code is \n amended is amended--\n (A) by striking ``or 1397B'' and inserting ``1397B, \n or 1046'', and\n (B) by striking ``or 1397B(b)(4)'' and inserting \n ``1397B(b)(4), or 1046(c)(4)''.\n (2) Paragraph (15) of section 1223 is amended by striking \n ``or 1397B'' and inserting ``, 1397B, or 1046''.\n (3) The table of sections for part III of subchapter O of \n chapter 1 of such Code is amended by adding at the end the \n following new item:\n\n``Sec. 1046. Nonrecognition of gain on proceeds of sale of real \n property which are invested in renewal \n community, etc. businesses.''\n (c) Effective Date.--The amendments made by this section shall \napply to sales after the date of the enactment of this Act.\n\nSEC. 4. LOCAL ALLOCATION OF COMMERCIAL REVITALIZATION DEDUCTION AMOUNTS \n WHERE STATE FAILS TO ADOPT ALLOCATION PLAN.\n\n (a) In General.--Subsection (e) of section 1400I of the Internal \nRevenue Code of 1986 (relating to commercial revitalization deduction) \nis amended by adding at the end the following new paragraph:\n ``(3) Local allocation of revitalization amount where state \n fails to adopt allocation plan.--If a qualified allocation plan \n with respect to any State is not approved as provided in \n paragraph (1) before the 120th day after the date of the \n enactment of this paragraph, then, beginning on such 120th \n day--\n ``(A) subsection (d)(3) shall cease to apply, and\n ``(B) the term `commercial revitalization agency' \n means, with respect to any renewal community, any \n agency authorized to carry out this section by the \n local governmental unit having within its jurisdiction \n the largest portion of such community.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect the date of the enactment of this Act.","summary":"American Community Renewal Act of 2002 - Amends the Internal Revenue Code to: (1) provide for the designation of 20 additional renewal communities. (2) permit the nonrecognition of gain on proceeds of sales of real property which are invested in qualified renewal community zone assets. And (3) provide for the local allocation of commercial revitalization expenditure amounts if a State fails to adopt a qualified allocation plan.","title":"To amend the Internal Revenue Code of 1986 to provide for additional designations of renewal communities and to allow nonrecognition of gain on sales of real property if the proceeds are invested in renewal and similar community businesses.","text_len":7106,"sum_len":431} {"bill_id":"107_s2856","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Colombian Temporary Protected Status \nAct of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Colombia has been embroiled in a 38-year civil war, \n resulting in the death of tens of thousands of civilians and \n combatants;\n (2) the two main armed anti-government rebel groups, the \n Revolutionary Armed Forces of Colombia (Fuerzas Armadas \n Revolucionarias de Colombia, or FARC) and the National \n Liberation Army (Ejercito de Liberacion Nacional, or ELN), have \n engaged in military activities in 700 of 1,098 municipalities \n in Colombia, and in recent years have controlled or influenced \n local governments in as much as 40 percent to 50 percent of \n Colombian territory;\n (3) the FARC and ELN not only attack police and military \n forces but also regularly attack civilian populations, commit \n massacres and extrajudicial killings, collect war taxes, compel \n citizens into their ranks, force farmers to grow illicit crops, \n and regulate travel, commerce, and other activities;\n (4) paramilitary groups such as the United Self-Defense \n Groups of Colombia (Autodefensas Unidas de Colombia or AUC), \n originally established to protect rural landowners, have grown \n dramatically in recent years to become a major national \n military force in Colombia;\n (5) paramilitary groups are responsible, according to human \n rights groups, for the greatest number of extrajudicial \n killings and forced disappearances in Colombia since 1995;\n (6) the FARC, ELN, and AUC, all designated by the State \n Department as foreign terrorist organizations, have a combined \n force of 25,000 combatants;\n (7) the Government of Colombia, particularly during the \n administration of President Andres Pastrana, has afforded armed \n rebel groups numerous opportunities to negotiate a peace \n agreement, including the extraordinary step in November 1998 of \n creating a safe haven for the FARC by withdrawing its security \n forces from 5 municipalities covering some 16,000-17,000 square \n miles;\n (8) despite having been given the opportunity to seek \n peace, the FARC instead used the safe haven to enhance its \n military capability to further its violent campaign against the \n government and people of Colombia;\n (9) while President Pastrana and the Colombian government \n negotiated in good faith, the FARC proceeded to kidnap \n political officials, including presidential candidate former \n Senator Ingrid Betancourt, as well as execute Members of \n Congress who were engaged in negotiations with the FARC, such \n as Senator Martha Catalina Daniels;\n (10) in February of this year, the FARC's actions forced \n President Pastrana to withdraw from the peace process and begin \n the process of retaking the safe zone he had previously ceded \n to the FARC and other rebel groups;\n (11) after the election of Alvaro Uribe as Colombia's \n President, the FARC began targeting mayors with letters \n declaring that they had 24 hours to leave or would be \n considered ``military targets'';\n (12) although before the recent Presidential election the \n violence had been mostly contained in rural areas, it has now \n spread to the urban areas, with cities such as Medellin \n experiencing an average of 13 killings a day;\n (13) an average of 2.8 rebel bombs go off every day in \n Colombia while bomb squads disarm another five;\n (14) the middle and upper classes have been targeted for \n kidnaping, with an average of 3,250 Colombians being kidnaped \n each year since 1998;\n (15) between 1,500,000 and 2,000,000 people have been \n forced to leave their homes, representing the third largest \n internal refugee crisis in the world; and\n (16) between 1,500 and 2,500 Colombians were massacred in \n contested rural areas in 2001.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that, in view of the recent escalation \nof the current civil war in Colombia, Colombia qualifies for \ndesignation under section 244(b)(1)(A) of the Immigration and \nNationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian \nnationals would be eligible for temporary protected status in the \nUnited States.\n\nSEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS \n TO COLOMBIANS.\n\n (a) Designation.--\n (1) In general.--For purposes of section 244 of the \n Immigration and Nationality Act (8 U.S.C. 1254a), Colombia \n shall be treated as if it had been designated under subsection \n (b) of such section, subject to the provisions of this section.\n (2) Period of designation.--The initial period of such \n designation shall begin on the date of the enactment of this \n Act and shall remain in effect for 1 year.\n (b) Aliens Eligible.--In applying section 244 of the Immigration \nand Nationality Act pursuant to the designation under this Act, subject \nto section 244(c)(3) of such Act, an alien who is a national of \nColombia meets the requirements of section 244(c)(1) of such Act only \nif--\n (1) the alien has been continuously physically present in \n the United States since the date of enactment of this Act;\n (2) the alien is admissible as an immigrant, except as \n otherwise provided under section 244(c)(2)(A) of such Act, and \n is not ineligible for temporary protected status under section \n 244(c)(2)(B) of such Act; and\n (3) the alien registers for temporary protected status in a \n manner that the Attorney General shall establish.\n (c) Consent to Travel Abroad.--The Attorney General shall give the \nprior consent to travel abroad described in section 244(f)(3) of the \nImmigration and Nationality Act to an alien who is granted temporary \nprotected status pursuant to the designation under this Act, if the \nalien establishes to the satisfaction of the Attorney General that \nemergency and extenuating circumstances beyond the control of the alien \nrequire the alien to depart for a brief, temporary trip abroad. An \nalien returning to the United States in accordance with such an \nauthorization shall be treated the same as any other returning alien \nprovided temporary protected status under section 244 of such Act.","summary":"Columbian Temporary Protected Status Act of 2002 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States. Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status.","title":"A bill to designate Colombia under section 244 of the Immigration and Nationality Act in order to make nationals of Colombia eligible for temporary protected status under such section.","text_len":6764,"sum_len":403} {"bill_id":"103_s557","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Citizens Against Marketing \nScams Act of 1993''.\n\nSEC. 2. FINDINGS AND DECLARATION.\n\n The Congress makes the following findings and declaration:\n (1) Unprecedented Federal law enforcement investigations \n have uncovered a national network of illicit telemarketing \n operations.\n (2) Most of the telemarketing industry is legitimate, \n employing over 3,000,000 people through direct and indirect \n means.\n (3) Illicit telemarketers, however, are an increasing \n problem which victimizes our Nation's senior citizens in \n disproportionate numbers.\n (4) Interstate telemarketing fraud has become a problem of \n such magnitude that the resources of the Department of Justice \n are not sufficient to ensure that there is adequate \n investigation of, and protection from, such fraud.\n (5) Telemarketing differs from other sales activities in \n that it can be carried out by sellers across State lines \n without direct contact. Telemarketers can also be very mobile, \n easily moving from State to State.\n (6) It is estimated that victims lose billions of dollars a \n year as a result of telemarketing fraud.\n (7) Consequently, Congress should enact legislation that \n will--\n (A) enhance Federal law enforcement resources;\n (B) ensure adequate punishment for telemarketing \n fraud; and\n (C) educate the public.\n\nSEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.\n\n (a) Offense.--Part I of title 18, United States Code, is amended--\n (1) by redesignating chapter 113A as chapter 113B; and\n (2) by inserting after chapter 113 the following new \n chapter:\n\n ``CHAPTER 113A--TELEMARKETING FRAUD\n\n``Sec.\n``2325. Definition.\n``2326. Enhanced penalties.\n``2327. Restitution.\n``Sec. 2325. Definition\n ``In this chapter, `telemarketing'--\n ``(1) means a plan, program, promotion, or campaign that is \n conducted to induce--\n ``(A) purchases of goods or services; or\n ``(B) participation in a contest or sweepstakes,\n by use of 1 or more interstate telephone calls initiated either \n by a person who is conducting the plan, program, promotion, or \n campaign or by a prospective purchaser or contest or \n sweepstakes participant; but\n ``(2) does not include the solicitation of sales through \n the mailing of a catalog that--\n ``(A) contains a written description or \n illustration of the goods or services offered for sale;\n ``(B) includes the business address of the seller;\n ``(C) includes multiple pages of written material \n or illustration; and\n ``(D) has been issued not less frequently than once \n a year,\n if the person making the solicitation does not solicit \n customers by telephone but only receives calls initiated by \n customers in response to the catalog and during those calls \n take orders without further solicitation.\n``Sec. 2326. Enhanced penalties\n ``An offender that is convicted of an offense under 1028, 1029, \n1341, 1342, 1343, or 1344 in connection with the conduct of \ntelemarketing--\n ``(1) may be imprisoned for a term of 5 years in addition \n to any term of imprisonment imposed under any of those \n sections, respectively; and\n ``(2) in the case of an offense under any of those sections \n that--\n ``(A) victimized 20 or more persons over the age of \n 55; or\n ``(B) targeted persons over the age of 55,\n may be imprisoned for a term of 10 years in addition to any \n term of imprisonment imposed under any of those sections, \n respectively.\n``Sec. 2327. Restitution\n ``In sentencing an offender under section 2326, the court shall \norder the offender to pay restitution to any victims and may order the \noffender to pay restitution to others who sustained losses as a result \nof the offender's fraudulent activity.''.\n (b) Technical Amendments.--\n (1) Part analysis.--The part analysis for part I of title \n 18, United States Code, is amended by striking the item \n relating to chapter 113A and inserting the following:\n\n``113A. Telemarketing fraud................................. 2325\n``113B. Terrorism........................................... 2331''.\n (2) Chapter 113b.--The chapter heading for chapter 113B of \n title 18, United States Code, as redesignated by subsection \n (a)(1), is amended to read as follows:\n\n ``CHAPTER 113B--TERRORISM''.\n\nSEC. 4. FORFEITURE OF FRAUD PROCEEDS.\n\n Section 982(a) of title 18, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(6) The Court, in sentencing an offender under section \n 2326, shall order that the offender forfeit to the United \n States any real or personal property constituting or derived \n from proceeds that the offender obtained directly or indirectly \n as a result of the offense.''.\n\nSEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.\n\n (a) Review.--The United States Sentencing Commission shall review \nand, if necessary, amend the sentencing guidelines to ensure that \nvictim related adjustments for fraud offenses against older victims \nover the age of 55 are adequate.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Sentencing Commission shall report to Congress the result \nof its review under subsection (a).\n\nSEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.\n\n Section 3059 of title 18, United States Code, is amended by adding \nat the end the following new subsection:\n ``(c)(1) In special circumstances and in the Attorney General's \nsole discretion, the Attorney General may make a payment of up to \n$10,000 to a person who furnishes information unknown to the Government \nrelating to a possible prosecution under section 2325 which results in \na conviction.\n ``(2) A person is not eligible for a payment under paragraph (1) \nif--\n ``(A) the person is a current or former officer or employee \n of a Federal, State, or local government agency or \n instrumentality who furnishes information discovered or \n gathered in the course of government employment;\n ``(B) the person knowingly participated in the offense;\n ``(C) the information furnished by the person consists of \n an allegation or transaction that has been disclosed to the \n public--\n ``(i) in a criminal, civil, or administrative \n proceeding;\n ``(ii) in a congressional, administrative, or \n General Accounting Office report, hearing, audit, or \n investigation; or\n ``(iii) by the news media, unless the person is the \n original source of the information; or\n ``(D) when, in the judgment of the Attorney General, it \n appears that a person whose illegal activities are being \n prosecuted or investigated could benefit from the award.\n ``(3) For the purposes of paragraph (2)(C)(iii), the term `original \nsource' means a person who has direct and independent knowledge of the \ninformation that is furnished and has voluntarily provided the \ninformation to the Government prior to disclosure by the news media.\n ``(4) Neither the failure of the Attorney General to authorize a \npayment under paragraph (1) nor the amount authorized shall be subject \nto judicial review.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated for fiscal year 1994 for \nthe purposes of carrying out this Act and the amendments made by this \nAct--\n (1) $10,000,000 for the Federal Bureau of Investigation to \n hire, equip, and train no fewer than 100 special agents and \n support staff to investigate telemarketing fraud cases;\n (2) $3,500,000 to hire, equip, and train no fewer than 30 \n Department of Justice attorneys, assistant United States \n Attorneys, and support staff to prosecute telemarketing fraud \n cases; and\n (3) $10,000,000 for the Department of Justice to conduct, \n in cooperation with State and local law enforcement agencies \n and senior citizen advocacy organizations, public awareness and \n prevention initiatives for senior citizens, such as seminars \n and training.\n\nSEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE.\n\n Section 1341 of title 18, United States Code, is amended--\n (1) by inserting ``or deposits or causes to be deposited \n any matter or thing whatever to be sent or delivered by any \n private or commercial interstate carrier,'' after ``Postal \n Service,''; and\n (2) by inserting ``or such carrier'' after ``causes to be \n delivered by mail''.\n\nSEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.\n\n Section 1029 of title 18, United States Code, is amended--\n (1) in subsection (a)--\n (A) by striking ``or'' at the end of paragraph (3); \n and\n (B) by inserting after paragraph (4) the following \n new paragraphs:\n ``(5) knowingly and with intent to defraud effects \n transactions, with 1 or more access devices issued to another \n person or persons, to receive payment or any other thing of \n value during any 1-year period the aggregate value of which is \n equal to or greater than $1,000;\n ``(6) without the authorization of the issuer of the access \n device, knowingly and with intent to defraud solicits a person \n for the purpose of--\n ``(A) offering an access device; or\n ``(B) selling information regarding or an \n application to obtain an access device; or\n ``(7) without the authorization of the credit card system \n member or its agent, knowingly and with intent to defraud \n causes or arranges for another person to present to the member \n or its agent, for payment, 1 or more evidences or records of \n transactions made by an access device;'';\n (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' \n and inserting ``(a) (2), (3), (5), (6), or (7)''; and\n (3) in subsection (e)--\n (A) by striking ``and'' at the end of paragraph \n (5);\n (B) by striking the period at the end of paragraph \n (6) and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(7) the term `credit card system member' means a \n financial institution or other entity that is a member of a \n credit card system, including an entity, whether affiliated \n with or identical to the credit card issuer, that is the sole \n member of a credit card system.''.\n\nSEC. 10. INFORMATION NETWORK.\n\n (a) Hotline.--The Attorney General shall establish a national toll-\nfree hotline for the purpose of--\n (1) providing general information on telemarketing fraud to \n interested persons; and\n (2) gathering information related to possible violations of \n this Act.\n (b) Action on Information Gathered.--The Attorney General shall \nwork in cooperation with the Federal Trade Commission to ensure that \ninformation gathered through the hotline shall be acted on in an \nappropriate manner.\n\n Passed the Senate July 30 (legislative day, June 30), 1993.\n\n Attest:\n\n WALTER J. STEWART,\n\n Secretary.","summary":"Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity. And (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense. Requires the US Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate. Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders. Authorizes appropriations. Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier. Sets forth provisions regarding fraud and related activity in connection with access devices. Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline.","title":"Senior Citizens Against Marketing Scams Act of 1993","text_len":12343,"sum_len":1129} {"bill_id":"104_s161","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Family Business \nPreservation Act''.\n\nSEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS.\n\n (a) In General.--Part I of subchapter A of chapter 11 of the \nInternal Revenue Code of 1986 (relating to tax imposed) is amended by \nadding at the end the following new section:\n\n``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS.\n\n ``(a) In General.--In the case of an estate of a decedent to which \nthis section applies, the tax imposed by section 2001 shall not exceed \nthe sum of--\n ``(1) a tax computed at the rates and in the manner as if \n this section had not been enacted on the greater of--\n ``(A) the sum described in section 2001(c)(1) \n reduced by the qualified family-owned business \n interests, or\n ``(B) the sum (if any) described in section \n 2001(c)(1) taxed at a rate below the applicable rate, \n plus\n ``(2) a tax equal to the applicable rate of the portion of \n the taxable estate in excess of the amount determined under \n paragraph (1).\n ``(b) Estates to Which Section Applies.--This section shall apply \nto an estate if--\n ``(1) the decedent was (at the date of his or her death) a \n citizen of the United States,\n ``(2) the sum of--\n ``(A) the value of the qualified family-owned \n business interests which are included in determining \n the gross estate and which are acquired from or passed \n from the decedent to a qualified heir of the decedent, \n and\n ``(B) the amount (taken into account under \n subsection 2001(b)(1)(B)) of the adjusted taxable gifts \n of such interests to members of the decedent's family,\n exceeds 50 percent of the adjusted gross estate, and\n ``(3) during the 8-year period ending on the date of the \n decedent's death there have been periods aggregating 5 years or \n more during which--\n ``(A) such interests were owned by the decedent or \n a member of the decedent's family, and\n ``(B) there was material participation by the \n decedent or a member of the decedent's family in the \n operation of the business to which such interests \n relate.\n ``(c) Applicable Rate.--For purposes of this section, the \napplicable rate is--\n ``(1) 15 percent if the requirement of subsection (b)(3)(B) \n is met by a member of the decedent's family, and\n ``(2) 20 percent in any other case.\n ``(d) Qualified Family-Owned Business Interest.--\n ``(1) In general.--For purposes of this section, the term \n `qualified family-owned business interest' means--\n ``(A) an interest as a proprietor in a trade or \n business carried on as a proprietorship;\n ``(B) an interest as a partner in a partnership \n carrying on a trade or business, if such partnership \n had 15 or fewer partners; or\n ``(C) stock in a corporation carrying on a trade or \n business if such corporation had not more than the \n number of shareholders specified in section \n 1361(b)(1)(A).\n Such term shall not include any interest which is readily \n tradable on an established securities market or otherwise.\n ``(2) Rules for applying paragraph (1).--For purposes of \n paragraph (1), rules similar to the rules of paragraphs (2), \n (3), (4), and (6) of section 6166(b) shall apply.\n ``(e) Recapture of Tax Benefit if Interests Not Held for 10 \nYears.--\n ``(1) In general.--If--\n ``(A) during the 10-year period beginning on the \n date of death of the decedent--\n ``(i)(I) any portion of a qualified family-\n owned business interest is distributed, sold, \n exchanged, or otherwise disposed of, or\n ``(II) money and other property \n attributable to such an interest is withdrawn \n from such trade or business, and\n ``(B) the aggregate of such distributions, sales, \n exchanges, or other dispositions and withdrawals equals \n or exceeds 20 percent of the value of such interest, or\n there is hereby imposed an additional estate tax.\n ``(2) Additional estate tax.--\n ``(A) In general.--The amount of the additional \n estate tax imposed by paragraph (1) shall be the \n applicable percentage of the excess of what would have \n been the estate tax liability but for subsection (a) \n over the adjusted estate tax liability.\n ``(B) Applicable percentage.--For purposes of \n subparagraph (A), the term `applicable percentage' \n means 100 percent reduced (but not below zero) by the \n product of--\n ``(i) 10 percentage points, and\n ``(ii) the number of years (if any) after \n the date of the decedent's death which the year \n during which the additional estate tax is \n imposed by paragraph (1) is after the 1st year \n after the date of the decedent's death.\n ``(C) Adjusted estate tax liability.--For purposes \n of subparagraph (A), the term `adjusted estate tax \n liability' means the estate tax liability increased by \n the amount (if any) of any prior additional estate tax \n imposed by subsection (f).\n ``(D) Estate tax liability.--For purposes of this \n paragraph, the term `estate tax liability' means the \n tax imposed by section 2001 reduced by the credits \n allowable against such tax.\n ``(3) Certain rules to apply.--For purposes of this \n subsection, rules similar to the rules of subparagraphs (B), \n (C), and (D) of section 6166(g)(1) shall apply.\n ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to \nMaterially Participate During 10 Years After Death.--\n ``(1) In general.--If--\n ``(A) the applicable rate which applied under \n subsection (a) to the estate of the decedent was 15 \n percent,\n ``(B) at any time during the 10-year period \n beginning on the date of death of the decedent, no \n qualified heir materially participates in the operation \n of the business to which the qualified family-owned \n business interests relate, and\n ``(C) there is no recapture under subsection (e) on \n or before the earliest date during such 10-year period \n that no qualified heir so materially participated,\n there is hereby imposed an additional estate tax.\n ``(2) Additional estate tax.--The amount of the additional \n estate tax imposed by paragraph (1) shall be the applicable \n percentage of the excess of what would have been the estate tax \n liability but for subsection (c)(1) over the estate tax \n liability.\n ``(3) Definitions.--For purposes of paragraph (2), the \n terms `applicable percentage' and `estate tax liability' have \n the meanings given to such terms by subsection (e).\n ``(g) Other Definitions.--For purposes of this section, the terms \n`qualified heir' and `member of the family' have the meanings given to \nsuch terms by section 2032A(e).''\n (b) Clerical Amendment.--The table of sections for part I of \nsubchapter A of chapter 11 of such Code is amended by adding at the end \nthe following new item:\n\n ``Sec. 2003. Reduced rate on family-owned \n business interests.''\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying after the date of the enactment of \nthis section.\n\nSEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED \n UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX \n ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS \n INTERESTS.\n\n (a) In General.--Paragraph (2) of section 6601(j) of the Internal \nRevenue Code of 1986 (relating to 4-percent portion) is amended by \nadding at the end the following new flush sentence:\n ``Subparagraph (B) shall not take into account the amount of \n the tax imposed by chapter 11 which is attributable to \n qualified family-owned business interests (as defined in \n section 2003(b)) unless an election is in effect under section \n 2032A with respect to the estate.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto estates of decedents dying after the date of the enactment of this \nsection.\n\nSEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT \n TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED \n BUSINESS INTERESTS.\n\n (a) In General.--Section 2032 of the Internal Revenue Code of 1986 \n(relating to alternate valuation) is amended by redesignating \nsubsections (c) and (d) as subsections (d) and (e), respectively, and \nby inserting after subsection (b) the following new subsection:\n ``(c) Estates Largely Consisting of Qualified Family-Owned Business \nInterests.--In the case of an estate to which section 2003 applies--\n ``(1) subsection (a) shall be applied by substituting `40 \n months' for `6 months' each place it appears, and\n ``(2) section 6075(a) (relating to time for filing estate \n tax return) shall be applied by substituting `43 months' for `9 \n months'.''\n (b) Effective Date.--The amendment made by this section shall apply \nto estates of decedents dying after the date of the enactment of this \nsection.\n\nSEC. 5. INCREASE IN GIFT TAX EXCLUSION.\n\n (a) In General.--Subsection (b) of section 2503 of the Internal \nRevenue Code of 1986 (relating to taxable gifts) is amended by adding \nat the end the following new sentence: ``In the case of gifts made \nduring a calendar year by a donor to ancestors or lineal descendents of \nthe donor, the aggregate amount of such gifts which are not included in \nthe total amount of gifts by reason of this subsection shall not be \nless than 15 percent of the donor's earned income (as defined in \nsection 32(c)(2)) for the taxable year ending with or within such \ncalendar year.''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to gifts made in calendar years beginning after the date of the \nenactment of this section.\n\nSEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.\n\n (a) Estate Tax Credit.--\n (1) Subsection (a) of section 2010 of the Internal Revenue \n Code of 1986 (relating to unified credit against estate tax) is \n amended by striking ``$192,800'' and inserting ``the applicable \n credit amount''.\n (2) Section 2010 of such Code is amended by redesignating \n subsection (c) as subsection (d) and by inserting after \n subsection (b) the following new subsection:\n ``(c) Applicable Credit Amount.--For purposes of this section--\n ``(1) In general.--The applicable credit amount is the \n amount of the tentative tax which would be determined under the \n rate schedule set forth in section 2001(c) if the amount with \n respect to which such tentative tax is to be computed were \n $600,000.\n ``(2) Cost-of-living adjustments.--In the case of any \n decedent dying in a calendar year after December 31, 1995, the \n $600,000 amount set forth in paragraph (1) shall be increased \n by an amount equal to--\n ``(A) $600,000, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for such calendar year by \n substituting `calendar year 1996' for `calendar year \n 1992' in subparagraph (B) thereof.\n Any increase determined under the preceding sentence shall be \n rounded to the nearest multiple of $1,000.''\n (3) Paragraph (1) of section 6018(a) of such Code is \n amended by striking ``$600,000'' and inserting ``$600,000 \n (adjusted as provided in section 2010(c)(2)''.\n (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of \nsuch Code is amended by striking ``$192,800'' and inserting ``the \napplicable credit amount in effect under section 2010(c) for such \ncalendar year''.\n (c) Effective Date.--The amendments made by this section shall \napply to the estates of decedents dying, and gifts made, after December \n31, 1995.","summary":"American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.","title":"American Family Business Preservation Act","text_len":13382,"sum_len":815} {"bill_id":"110_s428","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``IP-Enabled Voice Communications and \nPublic Safety Act of 2007''.\n\nSEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.\n\n (a) In General.--The Wireless Communications and Public Safety Act \nof 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.\n\n ``(a) In General.--It shall be the duty of every IP-enabled voice \nservice provider engaged in interstate or foreign communication to \nprovide 9-1-1 service, including enhanced 9-1-1 service, to its \nsubscribers in accordance with orders of the Commission in effect on \nthe date of enactment of the IP-Enabled Voice Communications and Public \nSafety Act of 2007, as such orders may be modified by the Commission \nfrom time to time.\n ``(b) Access to 9-1-1 Components.--\n ``(1) Regulations.--Within 90 days after the date of \n enactment of the IP-Enabled Voice Communications and Public \n Safety Act of 2007, the Commission shall issue regulations \n granting IP-enabled voice service providers right of access to \n 9-1-1 components that are necessary to provide 9-1-1 service, \n on the same rates, terms, and conditions that are provided to \n commercial mobile service providers. In promulgating the \n regulations, the Commission shall take into account any \n technical, network security, or information privacy issues that \n are specific to IP-enabled voice services, including the \n security of 9-1-1 networks. The Commission shall require IP-\n enabled voice service providers to which the regulations apply \n to register with the Commission and to establish a point of \n contact for public safety and government officials relative to \n 9-1-1 service and access.\n ``(2) Delegation of enforcement to state commissions.--The \n Commission may delegate authority to enforce the regulations \n issued under paragraph (1) to State commissions or other State \n agencies or programs with jurisdiction over emergency \n communications.\n ``(c) Savings Clause.--Nothing in the IP-Enabled Voice \nCommunications and Public Safety Act of 2007 shall be construed as \nrepealing or otherwise altering, modifying, affecting, or superseding \nFederal regulations obligating an IP-enabled voice service provider to \nprovide 9-1-1 service or enhanced 9-1-1 service.\n ``(d) Limitation on Commission.--Nothing in this section shall be \nconstrued to permit the Commission to issue regulations that require or \nimpose a specific technology or technological standard.\n ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may \nrequire any provider of a voice service that is a substitute for \ntelephone exchange service (as defined in section 3(47) of the \nCommunications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1 \nservice, including enhanced 9-1-1 service, to its subscribers. Nothing \nin this subsection shall limit or otherwise affect the authority of the \nCommission under the Communications Act of 1934 (47 U.S.C. 151 et \nseq.).''.\n (b) Definitions.--Section 6 of the Wireless Communications and \nPublic Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the \nend thereof the following:\n ``(8) IP-enabled voice service.--The term `IP-enabled voice \n service' has the meaning given the term `Interconnected VoIP \n Service' by section 9.3 of the Commission's regulations (47 \n C.F.R. 9.3).\n ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 \n service' means any 9-1-1 service provided by an IP-enabled \n voice service provider, including enhanced IP-enabled 9-1-1 \n service.\n ``(10) Enhanced ip-enabled 9-1-1 service.--The term \n `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 \n service so designated by the Federal Communications Commission \n in its Report and Order in WC Docket Nos. 04-36 and 05-196, or \n any successor proceeding.\n ``(11) 9-1-1 component.--The term `9-1-1 component' means \n any equipment, network, databases (including automatic location \n information databases and master street address guides), \n interface, selective router, trunkline, non-dialable p-ANI's, \n or other related facility necessary for the delivery and \n completion of 9-1-1 or E-9-1-1 calls and information related to \n such calls, as determined by the Commission.''.\n\nSEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE \n SERVICE.\n\n (a) In General.--Section 4 of the Wireless Communications and \nPublic Safety Act of 1999 (47 U.S.C. 615a) is amended--\n (1) by striking ``carrier,'' in subsection (a) and \n inserting ``carrier, IP-enabled voice service provider, or \n alternative emergency communications service provider,'';\n (2) by striking ``its'' the first place it appears in \n subsection (a) and inserting ``their'';\n (3) by striking ``emergency calls or emergency services.'' \n in subsection (a) and inserting ``emergency calls, emergency \n services, or alternative emergency communications services.'';\n (4) by striking ``service shall'' in subsection (b) and \n inserting ``service, or IP-enabled voice service, shall'';\n (5) by striking ``wireless.'' in subsection (b) and \n inserting ``wireless, IP-enabled, or alternative emergency \n communications.'';\n (6) by striking ``communications,'' in subsection (c) and \n inserting ``communications, IP-enabled voice service \n communications, or alternative emergency communications,''; and\n (7) by striking ``wireless.'' in subsection (c) and \n inserting ``wireless, IP-enabled, or alternative emergency \n communications.''.\n (b) Definitions.--Section 6 of the Wireless Communications and \nPublic Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b), \nis further amended by adding at the end thereof the following:\n ``(12) Alternative emergency communications service.--The \n term `alternative emergency communications service' means the \n provision of emergency information to a public safety answering \n point via wire or radio communications, and may include 9-1-1 \n and enhanced 9-1-1 Services.\n ``(13) Alternative emergency communications service \n provider.--The term `alternative emergency communications \n service provider' means an entity other than a local exchange \n carrier, wireless carrier, or an IP-enabled voice service \n provider that is required by the Commission or, in the absence \n of any such requirement, is specifically authorized by the \n appropriate local or State 9-1-1 governing authority, to \n provide alternative emergency communications services.''.\n\nSEC. 4. STATE AUTHORITY OF FEES.\n\n Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 \net seq.), the Wireless Communications and Public Safety Act of 1999 (47 \nU.S.C. 615a), or any Federal Communications Commission regulation or \norder shall prevent the imposition on, or collection by, a provider of \nIP-enabled voice services or commercial mobile service, of any fee or \ncharge specifically designated by a State, political subdivision \nthereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services \nif that fee or charge--\n (1) for IP-enabled voice services, does not exceed the \n amount of any such fee or charge imposed on or collected by a \n provider of telecommunications services; and\n (2) is obligated or expended in support of 9-1-1 and E 099-\n 1-1 services, or enhancements of such services, or other \n emergency communications services as specified in the provision \n of State or local law adopting the fee or charge.\n\nSEC. 5. FEE ACCOUNTABILITY.\n\n To ensure efficiency, transparency, and accountability in the \ncollection and expenditure of 9-1-1 fees, the Federal Communications \nCommission shall submit a report within 1 year after the date of \nenactment of this Act, and annually thereafter, to the Senate Committee \non Commerce, Science, and Transportation and the House of \nRepresentatives Committee on Energy and Commerce detailing the status \nin each State of the collection and distribution of 9-1-1 fees and \ninclude findings on the amount of revenues obligated or expended by \neach State or political subdivision thereof for any purpose other than \nthe purpose for which any fee or charges are presented.\n\nSEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.\n\n (a) In General.--Section 158 of the National Telecommunications and \nInformation Administration Organization Act (47 U.S.C. 942) is \namended--\n (1) by redesignating subsections (d) and (e) as subsections \n (e) and (f), respectively;\n (2) by inserting after subsection (c) the following:\n ``(d) Migration Plan Required.--\n ``(1) National plan required.--No more than 270 days after \n the date of the enactment of the IP-Enabled Voice \n Communications and Public Safety Act of 2007, the Office shall \n develop and report to Congress on a national plan for migrating \n to a national IP-enabled emergency network capable of receiving \n and responding to all citizen activated emergency \n communications and improving information sharing among all \n emergency response entities.\n ``(2) Contents of plan.--The plan required by paragraph (1) \n shall--\n ``(A) outline the potential benefits of such a \n migration;\n ``(B) identify barriers that must be overcome and \n funding mechanisms to address those barriers;\n ``(C) provide specific mechanisms for ensuring the \n IP-enabled emergency network is available in every \n community and is coordinated on a local, regional, and \n Statewide basis;\n ``(D) identify location technology for nomadic \n devices and for office buildings and multi-dwelling \n units;\n ``(E) include a proposed timetable, an outline of \n costs and potential savings;\n ``(F) provide specific legislative language, if \n necessary, for achieving the plan;\n ``(G) provide recommendations on any legislative \n changes, including updating definitions, to facilitate \n a national IP-enabled emergency network;\n ``(H) assess, collect, and analyze the experiences \n of the PSAPs and related public safety authorities who \n are conducting trial deployments of IP-enabled \n emergency networks as of the date of enactment of the \n IP-Enabled Voice Communications and Public Safety Act \n of 2007;\n ``(I) document solutions that a national IP-enabled \n emergency network will provide for 9-1-1 access to \n those with disabilities and needed steps to implement \n such solutions, including a recommended timeline for \n such implementation; and\n ``(J) analyze technologies and efforts to provide \n automatic location capabilities and provide \n recommendations on needed regulatory or legislative \n changes necessary to implement automatic location \n solutions for 9-1-1 purposes.\n ``(3) Consultation.--In developing the plan required by \n paragraph (1), the Office shall consult with representatives of \n the public safety community, groups representing those with \n disabilities, technology and telecommunications providers, and \n others it deems appropriate.''; and\n (3) by striking ``services.'' in subsection (b)(1) and \n inserting ``services, and for migration to an IP-enabled \n emergency network.''.\n (b) Availability of PSAP Information.--The Federal Communications \nCommission may compile a list of public safety answering point contact \ninformation, as well as contact information for 9-1-1 component \nproviders, for the purpose of assisting IP-enabled voice service \nproviders and others in complying with this Act and section 158(d) of \nthe National Telecommunications and Information Administration \nOrganization Act (47 U.S.C. 942(d)) as amended by subsection (a), and \nmay make any portion of such information available to the public if \nsuch availability would improve public safety.\n (c) Development of Standards.--The Federal Communications \nCommission shall work cooperatively with public safety organizations, \nindustry participants, and the E-9-1-1 Implementation Coordination \nOffice to develop best practices that promote consistency, where \nappropriate, including procedures for--\n (1) defining geographic coverage areas for Public Safety \n Answering Points;\n (2) defining network diversity requirements for delivery of \n IP-enabled 9-1-1 calls;\n (3) call-handling in the event of call overflow or network \n outages;\n (4) Public Safety Answering Point certification and testing \n requirements;\n (5) validation procedures for inputting and updating \n location information in relevant databases; and\n (6) the format for delivering address information to Public \n Safety Answering Points.\n\nSEC. 7. ENFORCEMENT.\n\n The Federal Communications Commission shall enforce the Wireless \nCommunications and Public Safety Act of 1999 (47 U.S.C. 615a) as if \nthat Act were part of the Communications Act of 1934. For purposes of \nthis section, any violation of the Wireless Communications and Public \nSafety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated \nunder that Act, is deemed to be a violation of the Communications Act \nof 1934 or a regulation promulgated under the Communications Act of \n1934, respectively.\n\nSEC. 8. COMPLETION OF THE HATFIELD REPORT.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Federal Communications Commission shall remit all \namounts promised for the completion of an update to the Report on \nTechnical and Operational Issues Impacting the Provision of Wireless \nEnhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on \nOctober 15, 2002, in WT Docket No. 02-46.\n (b) Submission of Report.--Mr. Hatfield shall submit his written \nfindings as of May 1, 2006, to the Federal Communications Commission \nnot later than 60 days after receiving the payment described in \nsubsection (a).\n\nSEC. 9. 9\/11 COMMISSION ACT OF 2007.\n\n Section 2301 of the Implementing Recommendations of the 9\/11 \nCommission Act of 2007 (47 U.S.C. 901 note) is amended by striking \n``the `Improving Emergency Communications Act of 2007'.'' and inserting \n``the `911 Modernization Act'.''.\n\n Passed the Senate February 26, 2008.\n\n Attest:\n\n Secretary.\n110th CONGRESS\n\n 2d Session\n\n S. 428\n\n_______________________________________________________________________\n\n AN ACT\n\nTo amend the Wireless Communications and Public Safety Act of 1999, and \n for other purposes.","summary":"IP-Enabled Voice Communications and Public Safety Act of 2007 - Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability for service carriers, users, and public safety answering points (PSAPs). Defines alternative emergency communications service as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services, and (2) the filing of related written findings.","title":"A bill to amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.","text_len":15794,"sum_len":3383} {"bill_id":"110_hr3351","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Challenge \nDemonstration Project Act of 2007''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) adapt the lessons of foreign aid to underdeveloped \n economies, such as the experience of the Millennium Challenge \n Corporation, to the provision of Federal economic development \n assistance to similarly situated remote Native American \n communities;\n (2) provide Federal economic development assistance for \n Native communities through the Native American Challenge \n Demonstration Project;\n (3) administer Federal economic development assistance in a \n manner that promotes economic growth and the elimination of \n poverty and strengthens good governance, entrepreneurship, and \n investment in Native communities;\n (4) improve the effectiveness of Federal economic \n development assistance by encouraging the integration and \n coordination of such assistance in Native American communities;\n (5) promote sustainable economic growth and poverty \n reduction policies in Native American communities in a manner \n that promotes self-determination and self-sufficiency among \n remote Native American communities while preserving their \n cultural values; and\n (6) establish a demonstration project which, if successful, \n may be broadly applied to other Native American communities in \n the United States.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Eligible entity.--The term `` eligible entity'' means--\n (A) the Association of Village Council Presidents, \n the Bristol Bay Native Association, and the Alaska \n Federation of Natives applying jointly;\n (B) in the State of Hawaii, a consortia of local \n Native Hawaiian community organizations to be \n determined by the Secretary in consultation with the \n Secretary of Interior and the Office of Hawaiian \n Affairs; and\n (C) in the contiguous states, up to three \n organizations to be determined by the Secretary in \n consultation with the Secretary of the Interior, which \n organizations may be Indian tribes, consortia of Indian \n tribes, or nongovernmental entities authorized by one \n or more Indian tribes.\n (2) Compact.--The term ``compact'' means a binding \n agreement with the United States pursuant to this Act.\n (3) Economic development strategy of the eligible entity.--\n The term ``economic development strategy of the eligible \n entity'' means a strategy written by the eligible entity and \n designed to achieve sustainable economic growth and reduce \n poverty over a defined period, developed in consultation with \n public and private sector entities as appropriate to the \n geographic area and intended beneficiaries of the compact.\n (4) Indian tribe.--The term ``Indian tribe'' shall have the \n meaning given the term in section 4(e) of the Indian Self \n Determination and Education Assistance Act (25 U.S.C. 450 et \n seq.).\n (5) Renewal.--The term ``renewal'' means the negotiated \n extension of a compact.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce, Office of the Secretary.\n\nSEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.\n\n (a) Establishment.--The Secretary shall establish and implement a \ndemonstration project in the Department of Commerce.\n (b) Authorization of Assistance.--The Secretary may provide \nassistance under this section to an eligible entity that enters a \ncompact with the United States pursuant to this Act.\n (c) Form of Assistance.--Assistance under this section--\n (1) shall be provided in the form of funding agreements \n established by the compacts;\n (2) may not be provided in the form of loans; and\n (3) may not be used for gaming activities pursuant to the \n Indian Gaming Regulatory Act (25 USC 2701 et seq.).\n (d) Coordination.--\n (1) In general.--The provision of assistance under this \n section shall be coordinated with other Federal economic \n development assistance programs for Native Americans.\n (2) Integrated funding.--The Secretary, in cooperation with \n other Secretaries as appropriate, shall, upon execution of a \n compact with an eligible entity, authorize the eligible entity \n to coordinate its federally funded economic development \n assistance programs in a manner that integrates the program \n services into a single, coordinated program.\n (3) Agencies and departments.--The Federal agencies and \n departments administering economic development assistance \n programs for Native Americans are the following:\n (A) Department of Agriculture.\n (B) Department of Commerce.\n (C) Department of Energy.\n (D) Department of Health and Human Services.\n (E) Department of Housing and Urban Development.\n (F) Department of the Interior.\n (G) Small Business Administration.\n (H) Such other Federal agencies and \n instrumentalities as the Secretary determines \n appropriate.\n (e) Programs Affected.--The programs that may be integrated \npursuant to this Act shall include any program under which an Indian \ntribe is eligible for receipt of funds under a statutory or \nadministrative formula for economic development purposes.\n (f) Waiver Authority.--Upon receipt of the executed compact, the \nSecretary shall consult with the eligible entity and the Secretary of \neach Federal agency or department providing funds to be used to \nimplement the compact in order to identify any waivers of statutory \nrequirements or applicable regulations, policies, or procedures \nnecessary to enable the eligible entity to implement its compact.\n\nSEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS.\n\n (a) Compacts.--The Secretary shall develop and recommend procedures \nfor considering proposals for compacts submitted by eligible entities. \nThe Secretary may provide assistance to an eligible entity only if the \neligible entity enters into an agreement with the United States, to be \nknown as a ``Native American Challenge Compact'', that establishes a \nmulti-year plan for achieving development objectives in furtherance of \nthe purposes of this Act.\n (b) Eligible Entities-Criteria for Selection.--The Secretary shall \ndevelop an application process and criteria for selecting the eligible \nentities, taking into account--\n (1) the purposes of this Act;\n (2) the economic development strategy of the eligible \n entity;\n (3) the remoteness of the reservation or community to be \n served;\n (4) its general economic status;\n (5) poverty rates; and\n (6) the capacity of the applicant.\n (c) Assistance for Development of a Compact.--To the extent that \nfunds have been appropriated in advance and are available for this \nsection, the Secretary may enter into contracts with or make grants to \nany eligible entity for the purposes of facilitating the development \nand implementation of a compact between the United States and the \neligible entity.\n (d) Duration and Extension.--The term of an initial compact may not \nexceed five years. An eligible entity and the United States may enter \ninto one or more subsequent compacts in accordance with the \nrequirements of this Act. If a compact is nearing its expiration or has \nexpired, the eligible entity and the United States may renegotiate or \nextend the compact for as many periods as the parties agree, with each \nperiod not exceeding 10 years.\n (e) Application.--The Secretary shall develop and recommend \nprocedures for considering proposals for compacts submitted by eligible \nentities.\n (f) Elements.--In furtherance of the economic development strategy \nof the eligible entity, the compact shall contain--\n (1) a description of the specific objectives for \n sustainable economic development and the reduction of poverty \n that the eligible entity and the United States expect to \n achieve during the term of the compact;\n (2) a description of the respective roles and \n responsibilities of the eligible entity and the United States \n in the achievement of such objectives;\n (3) a list and description of regular benchmarks to measure \n progress toward achieving such objectives;\n (4) an identification of the intended beneficiaries, \n disaggregated by income level, gender, and age, to the maximum \n extent practical; and\n (5) a multi-year financial plan to guide the implementation \n of the compact, including the estimated level of funding and \n other contributions by the United States and the eligible \n entity, proposed mechanisms to execute the plan, and periodic \n assessments to determine whether the requirements of \n subparagraphs (1) through (4) are being met.\n (g) Suspension and Termination of Assistance.--\n (1) In general.--The Secretary may suspend or terminate \n assistance in whole or in part for an entity that has entered a \n compact with the United States if the Secretary determines \n that--\n (A) the entity has failed to adhere to its \n responsibilities under the compact, or\n (B) the entity has engaged in a pattern of actions \n inconsistent with the purposes of this Act.\n (h) Reinstatement.--The Secretary may reinstate assistance for an \nentity only if the Secretary determines that the entity has \ndemonstrated a commitment to correcting each condition for which \nassistance was suspended or terminated under subsection (f).\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act $20,000,000 for each of fiscal years 2008 through 2012. \nAny funds authorized but not appropriated may be appropriated in \nsubsequent fiscal years, provided that the cumulative level of funds \nauthorized to be appropriated for Fiscal Year 2008 through 2012 shall \nnot exceed $100,000,000. Sums appropriated under this section shall \nremain available until expended.\n (b) Administrative Funds.--Of the funds made available by this Act, \nno more than 5 percent may be used by the Secretary for administrative \nexpenses and program oversight.\n\nSEC. 7. PROGRAM ASSESSMENTS AND REPORTS.\n\n (a) Reports of Eligible Entities.--Not later than March 15, 2008, \nand annually thereafter, each the eligible entity shall prepare and \nsubmit to the Secretary a written report regarding the assistance \nprovided under this Act during the previous fiscal year.\n (b) Report Contents.--A report required under subsection (a) shall \ninclude the following:\n (1) The amount of obligations and expenditures for \n assistance provided during the prior fiscal year.\n (2) A description of the programs and activities conducted \n by the entity in furtherance of its economic development \n strategy and the purposes of this Act.\n (3) An assessment of the effectiveness of the assistance \n provided and progress made by the entity toward achieving its \n economic development strategy and the purposes of this Act.\n (4) Other information the eligible entity considers \n relevant considering the purposes of this Act.\n (c) Transmittal to Congress.--Not later than May 15, 2008, and \nannually thereafter, the Secretary shall transmit reports required \nunder subsection (a), with such other information the Secretary \nconsiders relevant, to the Committee on Energy and Commerce and the \nCommittee on Natural Resources in the House of Representatives, and the \nCommittee on Indian Affairs, the Committee on Commerce, Science, and \nTransportation, and the Committee on Energy and Natural Resources in \nthe Senate.","summary":"Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.","title":"To adapt the lessons of foreign aid to underdeveloped economies to the provision of Federal economic development assistance to similarly situated remote Native American communities, and for other purposes.","text_len":12574,"sum_len":774} {"bill_id":"112_hr3189","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teaching Children to Save Lives Act \nof 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Heart disease is the leading cause of death in the \n United States.\n (2) Sudden cardiac arrest is the leading cause of death in \n young athletes.\n (3) Sudden cardiac arrest kills an estimated 5,000 to 7,000 \n children and young people per year--nearly 20 per day.\n (4) The American Heart Association estimates that the lives \n of 40,000 cardiac arrest victims could be saved each year \n through initiating a course of action known as the chain of \n survival.\n (5) The chain of survival includes prompt notification of \n emergency services and early cardiopulmonary resuscitation \n (hereinafter referred to as ``CPR''), defibrillation, and \n advanced cardiac life support.\n (6) Only 36 States have a law or curriculum standard \n encouraging CPR or automated external defibrillator \n (hereinafter referred to as ``AED'') training in schools.\n (7) A person experiencing sudden cardiac arrest has a 90 \n percent chance of survival if CPR and an AED is used within the \n first minute after collapse.\n (8) Over 64 percent of young athletes and others have \n survived sudden cardiac arrest that occurred in a high school \n with an AED program.\n (9) An important part of school children's education is \n learning healthy behaviors, including proper nutrition and \n physical activity. This health education should also include \n basic emergency life-saving skills.\n (10) Teaching school children to perform the life-saving \n skill of CPR, identify and respond to choking victims, and \n recognize the signs of stroke and heart attack can improve \n their confidence in responding to an emergency and encourage \n continued efforts to update these skills after graduation, \n thereby potentially reducing the rate of death from sudden \n cardiac arrest, choking, and stroke.\n\nSEC. 3. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.\n\n (a) Grants Authorized.--The Secretary of Education shall carry out \na program under which the Secretary is authorized to award grants to \neligible local educational agencies or targeted schools for \nimplementing nationally recognized CPR and AED training courses.\n (b) Use of Funds.--A local educational agency or targeted school \nunder this Act may use the grant for--\n (1) training individuals in CPR and AED skills and \n instruction;\n (2) obtaining printed informational or instructional \n materials;\n (3) obtaining manikins;\n (4) obtaining AED training devices; and\n (5) obtaining other equipment as determined appropriate by \n the Secretary.\n (c) Grant Eligibility.--\n (1) Application.--To be eligible to receive a grant under \n this section, a local educational agency or targeted school \n shall submit an application to the Secretary at such time, in \n such manner, and containing such information and certifications \n as the Secretary may reasonably require.\n (2) AED training devices.--To be eligible to use the grant \n to obtain an AED training device, a local agency or targeted \n school shall demonstrate to the Secretary that such agency or \n school has implemented or intends to implement an AED training \n program in conjunction with a CPR training program as of the \n date of the submission of the application for the grant.\n (d) Priority of Award.--In awarding grants under this section, the \nSecretary shall award such grants based on 1 or more of following \npriorities:\n (1) Demonstrated need for initiating a CPR or AED training \n program in a targeted school or community served by targeted \n schools.\n (2) Demonstrated need for continued support of an existing \n CPR or AED training programs in targeted schools or communities \n served by targeted schools.\n (3) Demonstrated need for expanding an existing CPR or AED \n training program by adding training in the use of an AED.\n (4) Opportunities to encourage and foster partnerships with \n and among community organizations, including emergency medical \n service providers, fire and police departments, nonprofit \n organizations, public health organizations, and parent-teacher \n associations to aid in providing CPR or AED training.\n (5) Options to maximize the use of funds provided under \n this section.\n (e) Report Required.--Not later than 1 year after the date on which \nfunds are first appropriated to carry out the program, the Secretary \nshall submit a report to Congress describing--\n (1) grant amounts and recipients;\n (2) how the funds were used; and\n (3) the impact of the funds on the development of CPR and \n AED training programs in schools implementing the grants.\n (f) Definitions.--In this section:\n (1) Targeted school.--The term ``targeted school'' means a \n public elementary school or secondary school that provides \n education to students in any of grades 6 through 12.\n (2) Local educational agency.--The term ``local educational \n agency'' has the meaning given such term in section 9101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7801).\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$25,000,000 for each of the fiscal years 2012 through 2017.","summary":"Teaching Children to Save Lives Act of 2011 - Authorizes the Secretary of Education to award grants to local educational agencies or public elementary or secondary schools to implement nationally recognized cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) training courses. Allows a grant to be used to purchase an AED training device if the grantee implements or has implemented an AED training program in conjunction with a CPR training program.","title":"To direct the Secretary of Education to establish a program to provide grants for cardiopulmonary resuscitation and automated external defibrillator training in public elementary and secondary schools.","text_len":5891,"sum_len":477} {"bill_id":"114_hr3320","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Timely Payment for Veterans' Medical \nCare Act''.\n\nSEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ENTER INTO \n CONTRACTS WITH ADMINISTRATIVE CONTRACTORS FOR THE \n PROCESSING OF CLAIMS FOR HOSPITAL CARE AND MEDICAL \n SERVICES FURNISHED IN NON-DEPARTMENT OF VETERANS AFFAIRS \n FACILITIES.\n\n (a) In General.--Chapter 17 of title 38, United States Code, is \namended by inserting after section 1725 the following new section:\n``Sec. 1725A. Authority to enter into contracts with administrative \n contractors\n ``(a) Authority.--(1) The Secretary may enter into contracts with \nany eligible entity to serve as an administrative contractor with \nrespect to the performance of any or all of the functions described in \nparagraph (4) or parts of those functions (or, to the extent provided \nin a contract, to secure performance thereof by other entities).\n ``(2) An entity is eligible to enter into a contract with respect \nto the performance of a particular function described in paragraph (4) \nonly if--\n ``(A) the entity has demonstrated capability to carry out \n such function;\n ``(B) the entity complies with such conflict of interest \n standards as are generally applicable to Federal acquisition \n and procurement;\n ``(C) the entity has sufficient assets to financially \n support the performance of such function;\n ``(D) the entity has the ability to accept and process \n electronic filings of medical records; and\n ``(E) the entity meets such other requirements as the \n Secretary may impose.\n ``(3)(A) For purposes of this section, the term `administrative \ncontractor' means an agency, organization, or other person with a \ncontract under this section.\n ``(B) With respect to the performance of a particular function in \nrelation to an individual enrolled in the patient enrollment system \nunder section 1705 of this title, the `appropriate' administrative \ncontractor is the administrative contractor that has a contract under \nthis section with respect to the performance of that function in \nrelation to that individual, or non-Department facility.\n ``(4) The functions referred to in this paragraph are the following \nfunctions relating to the furnishing of medical care and hospital \nservices in non-Department facilities under section 1725 or 1728 of \nthis title:\n ``(A) Determining the amount of the payments required \n pursuant to this title to be made to a non-Department facility.\n ``(B) Making payments described in subparagraph (A) \n (including receipt, disbursement, and accounting for funds in \n making such payments).\n ``(C) Providing education and outreach to individuals \n enrolled in the patient enrollment system under section 1705 of \n this title and providing assistance to those individuals with \n specific issues, concerns, or problems.\n ``(D) Providing consultative services to institutions, \n agencies, and other persons to enable them to establish and \n maintain fiscal records necessary for purposes of this title.\n ``(E) Communicating to non-Department facilities any \n information or instructions furnished to the administrative \n contractor by the Secretary, and facilitating communication \n between such facilities and the Secretary.\n ``(F) Performing the functions relating to non-Department \n facility education, training, and technical assistance.\n ``(G) Performing such other functions as are necessary to \n carry out the purposes of this title.\n ``(5) Except to the extent inconsistent with a specific requirement \nof this section, the Federal Acquisition Regulation applies to \ncontracts under this section.\n ``(b) Contracting Requirements.--(1)(A) Except as provided in laws \nwith general applicability to Federal acquisition and procurement or in \nsubparagraph (B), the Secretary shall use competitive procedures when \nentering into contracts with administrative contractors under this \nsection, taking into account performance quality as well as price and \nother factors.\n ``(B) The Secretary may renew a contract with an administrative \ncontractor under this section from term to term without regard to \nsection 5 of title 41, United States Code, or any other provision of \nlaw requiring competition, if the administrative contractor has met or \nexceeded the performance requirements applicable with respect to the \ncontract and contractor, except that the Secretary shall provide for \nthe application of competitive procedures under such a contract not \nless frequently than once every 5 years.\n ``(C) The Secretary may transfer functions among administrative \ncontractors consistent with the provisions of this paragraph. The \nSecretary shall ensure that performance quality is considered in such \ntransfers. The Secretary shall provide public notice (whether in the \nFederal Register or otherwise) of any such transfer (including a \ndescription of the functions so transferred, a description of the non-\nDepartment facilities affected by such transfer, and contact \ninformation for the contractors involved).\n ``(D) The Secretary shall provide incentives for administrative \ncontractors to provide quality service and to promote efficiency.\n ``(2) No contract under this section shall be entered into with any \nadministrative contractor unless the Secretary finds that such \nadministrative contractor will perform its obligations under the \ncontract efficiently and effectively and will meet such requirements as \nto financial responsibility, legal authority, quality of services \nprovided, and other matters as the Secretary finds pertinent.\n ``(3)(A)(i) The Secretary shall develop contract performance \nrequirements to carry out the specific requirements applicable under \nthis title to a function described in subsection (a)(4) and shall \ndevelop standards for measuring the extent to which a contractor has \nmet such requirements. Such requirements shall include specific \nperformance duties expected of a medical director of an administrative \ncontractor, including requirements relating to professional relations \nand the availability of such director to conduct medical determination \nactivities within the jurisdiction of such a contractor.\n ``(ii) In developing such performance requirements and standards \nfor measurement, the Secretary shall consult with non-Department \nfacilities, veterans service organizations, and organizations and \nagencies performing functions necessary to carry out the purposes of \nthis section with respect to such performance requirements.\n ``(iii) The Secretary shall make such performance requirements and \nmeasurement standards available to the public.\n ``(B) The Secretary shall include, as one of the standards \ndeveloped under subparagraph (A), non-Department facility and veteran \nsatisfaction levels.\n ``(C) All contractor performance requirements shall be set forth in \nthe contract between the Secretary and the appropriate administrative \ncontractor. Such performance requirements--\n ``(i) shall reflect the performance requirements published \n under subparagraph (A), but may include additional performance \n requirements;\n ``(ii) shall be used for evaluating contractor performance \n under the contract; and\n ``(iii) shall be consistent with the written statement of \n work provided under the contract.\n ``(4) The Secretary shall not enter into a contract with an \nadministrative contractor under this section unless the contractor \nagrees--\n ``(A) to furnish to the Secretary such timely information \n and reports as the Secretary may find necessary in performing \n the functions of the Secretary under this title; and\n ``(B) to maintain such records and afford such access \n thereto as the Secretary finds necessary to assure the \n correctness and verification of the information and reports \n under subparagraph (A) and otherwise to carry out the purposes \n of this title.\n ``(5) A contract with an administrative contractor under this \nsection may require the administrative contractor, and any of its \nofficers or employees certifying payments or disbursing funds pursuant \nto the contract, or otherwise participating in carrying out the \ncontract, to give surety bond to the United States in such amount as \nthe Secretary may deem appropriate.\n ``(c) Terms and Conditions.--A contract with any administrative \ncontractor under this section may contain such terms and conditions as \nthe Secretary finds necessary or appropriate and may provide for \nadvances of funds to the administrative contractor for the making of \npayments by it under subsection (a)(4)(B).\n ``(d) Limitation on Liability of Administrative Contractors and \nCertain Officers.--(1) No individual designated pursuant to a contract \nunder this section as a certifying officer shall, in the absence of the \nreckless disregard of the individual's obligations or the intent by \nthat individual to defraud the United States, be liable with respect to \nany payments certified by the individual under this section.\n ``(2) No disbursing officer shall, in the absence of the reckless \ndisregard of the officer's obligations or the intent by that officer to \ndefraud the United States, be liable with respect to any payment by \nsuch officer under this section if it was based upon an authorization \n(which meets the applicable requirements for such internal controls \nestablished by the Comptroller General of the United States) of a \ncertifying officer designated as provided in paragraph (1) of this \nsubsection.\n ``(3)(A) No administrative contractor shall be liable to the United \nStates for a payment by a certifying or disbursing officer unless, in \nconnection with such payment, the administrative contractor acted with \nreckless disregard of its obligations under its administrative contract \nor with intent to defraud the United States.\n ``(B) Nothing in this subsection shall be construed to limit \nliability for conduct that would constitute a violation of sections \n3729 through 3731 of title 31, United States Code.\n ``(4)(A) Subject to subparagraphs (B) and (D), in the case of an \nadministrative contractor (or a person who is a director, officer, or \nemployee of such a contractor or who is engaged by the contractor to \nparticipate directly in the claims administration process) who is made \na party to any judicial or administrative proceeding arising from or \nrelating directly to the claims administration process under this \ntitle, the Secretary may, to the extent the Secretary determines to be \nappropriate and as specified in the contract with the contractor, \nindemnify the contractor and such persons.\n ``(B) The Secretary may not provide indemnification under \nsubparagraph (A) insofar as the liability for such costs arises \ndirectly from conduct that is determined by the judicial proceeding or \nby the Secretary to be criminal in nature, fraudulent, or grossly \nnegligent. If indemnification is provided by the Secretary with respect \nto a contractor before a determination that such costs arose directly \nfrom such conduct, the contractor shall reimburse the Secretary for \ncosts of indemnification.\n ``(C) Indemnification by the Secretary under subparagraph (A) may \ninclude payment of judgments, settlements (subject to subparagraph \n(D)), awards, and costs (including reasonable legal expenses).\n ``(D) A contractor or other person described in subparagraph (A) \nmay not propose to negotiate a settlement or compromise of a proceeding \ndescribed in such subparagraph without the prior written approval of \nthe Secretary to negotiate such settlement or compromise. Any \nindemnification under subparagraph (A) with respect to amounts paid \nunder a settlement or compromise of a proceeding described in such \nsubparagraph are conditioned upon prior written approval by the \nSecretary of the final settlement or compromise.\n ``(E) Nothing in this paragraph shall be construed--\n ``(i) to change any common law immunity that may be \n available to an administrative contractor or person described \n in subparagraph (A); or\n ``(ii) to permit the payment of costs not otherwise \n allowable, reasonable, or allocable under the Federal \n Acquisition Regulation.\n ``(e) Requirements for Information Security.--(1) An administrative \ncontractor that performs the functions referred to in subparagraphs (A) \nand (B) of subsection (a)(4) (relating to determining and making \npayments) shall implement a contractor-wide information security \nprogram to provide information security for the operation and assets of \nthe contractor with respect to such functions under this title. An \ninformation security program under this paragraph shall meet the \nrequirements for information security programs imposed on Federal \nagencies under paragraphs (1) through (8) of section 3544(b) of title \n44, United States Code (other than the requirements under paragraphs \n(2)(D)(i), (5)(A), and (5)(B) of such section).\n ``(2)(A) Each year an administrative contractor that performs the \nfunctions referred to in subparagraphs (A) and (B) of subsection (a)(4) \n(relating to determining and making payments) shall undergo an \nevaluation of the information security of the contractor with respect \nto such functions under this title. The evaluation shall--\n ``(i) be performed by an entity that meets such \n requirements for independence as the Inspector General of the \n Department of Health and Human Services may establish; and\n ``(ii) test the effectiveness of information security \n control techniques of an appropriate subset of the contractor's \n information systems (as defined in section 3502(8) of title 44, \n United States Code) relating to such functions under this title \n and an assessment of compliance with the requirements of this \n subsection and related information security policies, \n procedures, standards and guidelines, including policies and \n procedures as may be prescribed by the Director of the Office \n of Management and Budget and applicable information security \n standards promulgated under section 11331 of title 40, United \n States Code.\n ``(B)(i) The results of independent evaluations under subparagraph \n(A) shall be submitted promptly to the Inspector General of the \nDepartment and to the Secretary.\n ``(ii) The Inspector General of the Department shall submit to \nCongress annual reports on the results of such evaluations, including \nassessments of the scope and sufficiency of such evaluations.\n ``(f) Incentives To Improve Contractor Performance in Non-\nDepartment Facility Education and Outreach.--The Secretary shall use \nspecific claims payment error rates or similar methodology of \nadministrative contractors in the processing or reviewing of claims in \norder to give such contractors an incentive to implement effective \neducation and outreach programs for non-Department facilities.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1725 the following new item:\n\n``1725. Authority to enter into contracts with administrative \n contractors.''.","summary":"Timely Payment for Veterans' Medical Care Act This bill authorizes the Department of Veterans Affairs (VA) to enter into contracts with an eligible entity to serve as an administrative contractor with respect to the performance of any or all of the following functions relating to providing medical care and hospital services in non-VA facilities: determining and making the payments required to be made to a non-VA facility. Providing education and outreach to individuals enrolled in the patient enrollment system. Providing consultative services to institutions, agencies, and other persons to enable them to maintain necessary fiscal records. Communicating to non-VA facilities any information or instructions furnished to the administrative contractor by the VA. And performing functions relating to non-VA facility education, training, and technical assistance. An administrative contractor that performs such payment-related functions shall implement a contractor-wide information security program. The VA shall use claims payment error rates or similar methodology of administrative contractors in the processing or reviewing of claims in order to give such contractors an incentive to implement effective education and outreach programs for non-VA facilities.","title":"Timely Payment for Veterans' Medical Care Act","text_len":15760,"sum_len":1268} {"bill_id":"110_hr5608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consultation and Coordination With \nIndian Tribal Governments Act''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Accountable consultation process.--The term \n ``accountable consultation process'' means a process of \n government-to-government dialogue between the agency and Indian \n tribes to ensure meaningful and timely input by tribal \n officials in the formulating, amending, implementing, or \n recinding one or more policies that have tribal implications. \n The process shall ensure, at a minimum, the following:\n (A) That tribal officials have ample opportunity to \n provide input and recommendations to the agencies \n regarding formulating, amending, implementing, or \n recinding policies that have tribal implications.\n (B) That tribal input and recommendations are fully \n considered by the agency before policies that have \n tribal implications are formulated, amended, \n implemented, or recinded.\n (C) That, upon the formulation, amendment, \n implementation, or recision of policies that have \n tribal implications, tribal officials shall be provided \n with written notification of the formulation, \n amendment, implementation, or recision of such policies \n and given a copy of those policies.\n (D) That any policies that have tribal implications \n shall not become effective until at least 60 days after \n written notification to tribal officials pursuant to \n subparagraph (D).\n (2) Agency.--The term ``agency'' means the Department of \n the Interior, the Indian Health Service, and the National \n Indian Gaming Commission.\n (3) Indian tribe.--The term ``Indian tribe'' means an \n Indian or Alaska Native tribe, band, nation, pueblo, village, \n or community that the Secretary of the Interior acknowledges to \n exist as an Indian tribe pursuant to the Federally Recognized \n Indian Tribe List Act of 1994 (25 U.S.C. 479a).\n (4) Policies that have tribal implications.--The term \n ``policies that have tribal implications'' means any measure by \n the agency that has or is likely to have a direct effect on one \n or more Indian tribes, on the relationship between the Federal \n Government and Indian tribes, or on the distribution of power \n and responsibilities between the Federal Government and Indian \n tribes, such as regulations, legislative comments or proposed \n legislation, and other policy statements or actions, guidance, \n clarification, standards, or sets of principles.\n (5) Tribal officials.--The term ``tribal officials'' means \n elected or duly appointed officials of Indian tribal \n governments, or their designees.\n\nSEC. 3. FUNDAMENTAL PRINCIPLES.\n\n When formulating, amending, implementing, or recinding one or more \npolicies that have tribal implications, an agency shall be guided by \nthe following fundamental principles:\n (1) The United States has a unique legal and political \n relationship with Indian tribal governments as set forth in the \n Constitution of the United States, treaties, statutes, \n Executive orders, and court decisions. The Federal Government \n has enacted numerous statutes and promulgated numerous \n regulations that establish and define a trust relationship with \n Indian tribes.\n (2) Our Nation, under the law of the United States, in \n accordance with treaties, statutes, Executive orders, and \n judicial decisions, has recognized the right of Indian tribes \n to self-government. Indian tribes exercise inherent sovereign \n powers over their members and territory. The United States \n continues to work with Indian tribes on a government-to-\n government basis to address issues concerning Indian tribal \n self-government, tribal trust resources, and Indian tribal \n treaty and other rights.\n (3) The United States recognizes the right of Indian tribes \n to self-government and supports tribal sovereignty and self-\n determination.\n\nSEC. 4. POLICYMAKING CRITERIA.\n\n In addition to adhering to the fundamental principles set forth in \nsection 3, when formulating, amending, implementing, or recinding one \nor more policies that have tribal implications each agency shall adhere \nto the following criteria:\n (1) Each agency shall respect Indian tribal self-government \n and sovereignty, honor tribal treaty and other rights, and \n strive to meet the responsibilities that arise from the unique \n legal and political relationship between the Federal Government \n and Indian tribal governments.\n (2) With respect to Federal statutes and regulations \n administered by Indian tribal governments, each agency shall \n ensure Indian tribal governments the maximum administrative \n discretion possible.\n (3) Each agency shall--\n (A) encourage Indian tribes to develop their own \n policies to achieve program objectives;\n (B) to the extent they do not violate other \n applicable laws, defer to Indian tribes to establish \n standards; and\n (C) in determining whether to establish Federal \n standards, consult with tribal officials as to the need \n for Federal standards and any alternatives that would \n limit the scope of Federal standards or otherwise \n preserve the prerogatives and authority of Indian \n tribes.\n\nSEC. 5. CONSULTATION.\n\n Each agency shall have an accountable consultation process. Not \nlater than 30 days after the date of the enactment of this Act, the \nhead of each agency shall designate an official with principal \nresponsibility for the agency's implementation of this Act. Not later \nthan 60 days after the date of the enactment of this Act, the \ndesignated official shall submit a description of the agency's \naccountable consultation process to the Committee on Natural Resources \nof the House of Representative and the Committee on Indian Affairs of \nthe Senate.\n\nSEC. 6. UNFUNDED MANDATES.\n\n To the extent practicable and permitted by law, no agency shall \nformulate, amend, or implement any policy that has tribal implications \nthat imposes substantial direct compliance costs on Indian tribal \ngovernments and is not required by Federal law unless--\n (1) funds necessary to pay the substantial direct costs \n incurred by the Indian tribal government or the Indian tribe in \n complying with the policy are provided by the Federal \n Government; or\n (2) the agency, before the implementation of the policy--\n (A) consulted through the accountable consultation \n process with tribal officials early in the process of \n developing the proposed policy; and\n (B) in a separately identified portion of the \n preamble to the policy, provided to the Committee on \n Natural Resources of the House of Representative, the \n Committee on Indian Affairs of the Senate, and affected \n Indian tribes a tribal summary impact statement \n containing--\n (i) a description of the extent of the \n agency's prior consultation with tribal \n officials;\n (ii) a summary of the nature of the \n concerns of the tribal officials and the \n agency's position supporting the need to issue \n the regulation; and\n (iii) a statement of the extent to which \n the concerns of tribal officials have been met.\n\nSEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN \n TRIBAL TREATY AND OTHER RIGHTS.\n\n On issues relating to tribal self-government, tribal trust \nresources, or Indian tribal treaty and other rights, each agency shall \nexplore and, where appropriate, use consensual mechanisms for \ndeveloping policies, including consideration of negotiated rulemaking.\n\nSEC. 8. PREEMPTION OF TRIBAL LAW.\n\n To the extent practicable and permitted by law, no agency shall \nestablish or implement any policy that has tribal implications and that \npreempts tribal law unless the agency, before the implementation of the \npolicy--\n (1) consulted through the accountable consultation process \n with tribal officials in development of the proposed policy; \n and\n (2) in a separately identified portion of the preamble to \n the policy, provided to the Committee on Natural Resources of \n the House of Representative, the Committee on Indian Affairs of \n the Senate, and affected Indian tribes a tribal summary impact \n statement containing--\n (A) a description of the extent of the agency's \n prior consultation with tribal officials;\n (B) a summary of the nature of the concerns of the \n tribal officials and the agency's position supporting \n the need to issue the regulation; and\n (C) a statement of the extent to which the concerns \n of tribal officials have been met.\n\nSEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS.\n\n (a) Review; Streamlining of Waiver Process.--Each agency shall \nreview the processes under which Indian tribes apply for waivers of \nstatutory and regulatory requirements and take appropriate steps to \nstreamline those processes.\n (b) Flexible Policy Approaches.--Each agency shall, to the extent \npracticable and not in violation with other Federal laws, consider any \napplication by an Indian tribe for a waiver of statutory or regulatory \nrequirements in connection with any program administered by the agency \nwith a general view toward increasing opportunities for using flexible \npolicy approaches at the Indian tribal level in cases in which the \nproposed waiver is consistent with the applicable Federal policy \nobjectives and is otherwise appropriate.\n (c) Decision on Application for Waiver.--Each agency shall, to the \nextent practicable and not in violation with other Federal laws, render \na decision upon a complete application for a waiver not later than 120 \ndays of receipt of such application by the agency, or as otherwise \nprovided by Federal law or regulation. If the application for waiver is \nnot granted, the agency shall provide the applicant with timely written \nnotice of the decision and the reasons therefor.\n (d) Applicability of Section.--This section applies only to \nstatutory or regulatory requirements that are discretionary and subject \nto waiver by the agency.","summary":"Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments, (2) recognizes the right of Indian tribes to self government. And (3) shall encourage Indian tribes to develop their own policies to meet program objectives. Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government. Or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes. Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development. And (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement. Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements.","title":"To establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes.","text_len":11378,"sum_len":1770} {"bill_id":"107_hr2325","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Antitrust Modernization Commission \nAct of 2001''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established the Antitrust Modernization Commission (in \nthis Act referred to as the ``Commission'').\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n The duties of the Commission are--\n (1) to investigate and to study issues and problems \n relating to the modernization of the antitrust laws,\n (2) to solicit divergent views of all parties concerned \n with the operation of the antitrust laws,\n (3) to evaluate the advisability of proposals and current \n arrangements with respect to such issues and such problems, and\n (4) to prepare and to submit to the Congress and the \n President a report in accordance with section 8.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 12 \nmembers appointed as follows:\n (1) Four members, no more than 2 of whom shall be of the \n same political party, shall be appointed by the President. One \n of such members shall be designated by the President as \n chairperson of the Commission.\n (2) Two members shall be appointed by the majority leader \n of the Senate.\n (3) Two members shall be appointed by the minority leader \n of the Senate.\n (4) Two members shall be appointed by the Speaker of the \n House of Representatives.\n (5) Two members shall be appointed by the minority leader \n of the House of Representatives.\n (b) Ineligibility for Appointment.--Members of Congress shall be \nineligible for appointment to the Commission.\n (c) Term of Appointment.--\n (1) In general.--Subject to paragraph (2), members of the \n Commission shall be appointed for the life of the Commission.\n (2) Early termination of appointment.--If a member of the \n Commission who is appointed to the Commission as--\n (A) an officer or employee of a government ceases \n to be an officer or employee of such government; or\n (B) an individual who is not an officer or employee \n of a government becomes an officer or employee of a \n government;\n then such member shall cease to be a member of the Commission \n on the expiration of the 90-day period beginning on the date \n such member ceases to be such officer or employee of such \n government, or becomes an officer or employee of a government, \n as the case may be.\n (d) Quorum.--Seven members of the Commission shall constitute a \nquorum, but a lesser number may conduct meetings.\n (e) Appointment Deadline.--Initial appointments under subsection \n(a) shall be made not later than 60 days after the date of enactment of \nthis Act.\n (f) Meetings.--The Commission shall meet at the call of the \nchairperson. The first meeting of the Commission shall be held not \nlater than 30 days after the date on which all members of the \nCommission are first appointed under subsection (a) or funds are \nappropriated to carry out this Act, whichever occurs later.\n (g) Vacancy.--A vacancy on the Commission shall be filled in the \nsame manner as the initial appointment is made.\n (h) Consultation Before Appointment.--Before appointing members of \nthe Commission, the President, the majority and minority leaders of the \nSenate, the Speaker of the House of Representatives, and the minority \nleader of the House of Representatives shall consult with each other to \nensure fair and equitable representation of various points of view in \nthe Commission.\n\nSEC. 5. COMPENSATION OF THE COMMISSION.\n\n (a) Pay.--\n (1) Nongovernment employees.--Each member of the Commission \n who is not otherwise employed by a government shall be entitled \n to receive the daily equivalent of the annual rate of basic pay \n payable for level IV of the Executive Schedule under section \n 5315 of title 5 United States Code, as in effect from time to \n time, for each day (including travel time) during which such \n member is engaged in the actual performance of duties of the \n Commission.\n (2) Government employees.--A member of the Commission who \n is an officer or employee of a government shall serve without \n additional pay (or benefits in the nature of compensation) for \n service as a member of the Commission.\n (b) Travel Expenses.--Members of the Commission shall receive \ntravel expenses, including per diem in lieu of subsistence, in \naccordance with subchapter I of chapter 57 of title 5, United States \nCode.\n\nSEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.\n\n (a) Staff.--\n (1) Appointment.--The chairperson of the Commission may, \n without regard to the provisions of chapter 51 of title 5 of \n the United States Code (relating to appointments in the \n competitive service), appoint and terminate an executive \n director and such other staff as are necessary to enable the \n Commission to perform its duties. The appointment of an \n executive director shall be subject to approval by the \n Commission.\n (2) Compensation.--The chairperson of the Commission may \n fix the compensation of the executive director and other staff \n without regard to the provisions of chapter 51 and subchapter \n III of chapter 53 of title 5 of the United States Code \n (relating to classification of positions and General Schedule \n pay rates), except that the rate of pay for the executive \n director and other staff may not exceed the rate of basic pay \n payable for level V of the Executive Schedule under section \n 5315 of title 5 United States Code, as in effect from time to \n time.\n (b) Experts and Consultants.--The Commission may procure temporary \nand intermittent services of experts and consultants in accordance with \nsection 3109(b) of title 5, United States Code.\n\nSEC. 7. POWERS OF THE COMMISSION.\n\n (a) Hearings and Meetings.--The Commission, or a member of the \nCommission if authorized by the Commission, may hold such hearings, sit \nand act at such time and places, take such testimony, and receive such \nevidence, as the Commission considers to be appropriate. The Commission \nor a member of the Commission may administer oaths or affirmations to \nwitnesses appearing before the Commission or such member.\n (b) Official Data.--The Commission may obtain directly from any \nexecutive agency (as defined in section 105 of title 5 of the United \nStates Code) or court information necessary to enable it to carry out \nits duties under this Act. On the request of the chairperson of the \nCommission, and consistent with any other law, the head of an executive \nagency or of a Federal court shall provide such information to the \nCommission.\n (c) Facilities and Support Services.--The Administrator of General \nServices shall provide to the Commission on a reimbursable basis such \nfacilities and support services as the Commission may request. On \nrequest of the Commission, the head of an executive agency may make any \nof the facilities or services of such agency available to the \nCommission, on a reimbursable or nonreimbursable basis, to assist the \nCommission in carrying out its duties under this Act.\n (d) Expenditures and Contracts.--The Commission or, on \nauthorization of the Commission, a member of the Commission may make \nexpenditures and enter into contracts for the procurement of such \nsupplies, services, and property as the Commission or such member \nconsiders to be appropriate for the purpose of carrying out the duties \nof the Commission. Such expenditures and contracts may be made only to \nsuch extent or in such amounts as are provided in advance in \nappropriation Acts.\n (e) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (f) Gifts, Bequests, and Devises.--The Commission may accept, use, \nand dispose of gifts, bequests, or devises of services or property, \nboth real and personal, for the purpose of aiding or facilitating the \nwork of the Commission. Gifts, bequests, or devises of money and \nproceeds from sales of other property received as gifts, bequests, or \ndevises shall be deposited in the Treasury and shall be available for \ndisbursement upon order of the Commission.\n\nSEC. 8. REPORT.\n\n Not later than 3 years after the first meeting of the Commission, \nthe Commission shall submit to the Congress and the President a report \ncontaining a detailed statement of the findings and conclusions of the \nCommission, together with recommendations for legislative or \nadministrative action the Commission considers to be appropriate.\n\nSEC. 9. TERMINATION OF COMMISSION.\n\n The Commission shall cease to exist 30 days after the date on which \nthe report required by section 8 is submitted.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $4,000,000 to carry out this \nAct.","summary":"Antitrust Modernization Commission Act of 2001 - Establishes the Antitrust Modernization Commission to study and report to Congress and the President on issues and problems relating to the modernization of the antitrust laws. Directs the Commission to: (1) solicit divergent views of all parties concerned with the operation of such laws. And (2) evaluate the advisability of proposals and current arrangements with respect to such issues and problems.","title":"To establish the Antitrust Modernization Commission.","text_len":9291,"sum_len":452} {"bill_id":"111_hr4308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deficit Reduction Check-Off Act''.\n\nSEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO REDUCE THE DEFICIT.\n\n (a) Designation.--Subchapter A of chapter 61 of the Internal \nRevenue Code of 1986 (relating to returns and records) is amended by \nadding at the end the following new part:\n\n ``PART IX--DESIGNATION ON INCOME TAX RETURNS FOR REDUCTION OF DEFICIT\n\n``Sec. 6097. Designation for reduction of the deficit.\n\n``SEC. 6097. DESIGNATION FOR REDUCTION OF THE DEFICIT.\n\n ``(a) In General.--Every individual, regardless of income tax \nliability for the taxable year, may designate that an amount (not less \nthan $1 and not more than $10) shall be paid over for the purpose of \nreducing the deficit of the United States. In the case of a joint \nreturn of husband and wife, each spouse may so designate an amount.\n ``(b) Income Tax Liability.--For purposes of subsection (a), the \nincome tax liability of an individual for any taxable year is the \namount of the tax imposed by chapter 1 on such individual for such \ntaxable year (as shown on his return), reduced by the sum of the \ncredits (as shown in his return) allowable under part IV of subchapter \nA of chapter 1 (other than subpart C thereof).\n ``(c) Manner and Time of Designation.--Rules similar to the rules \nof section 6096(c) shall apply for purposes of this section, except \nthat the designation shall be accompanied by the following statement: \n`The Federal budget will be reduced by an amount equal to ten times the \namount you elect in the box.'.\n ``(d) Amount Increase.--In the case of each taxable year beginning \nafter 2011, the maximum dollar amount that may be designated under \nsubsection (a) shall be increased by $1. In the case of a joint return \nof husband and wife, such amount shall increase by $2 each taxable \nyear.''.\n (b) Clerical Amendment.--The table of parts for subchapter A of \nchapter 61 of such Code is amended by adding at the end the following \nnew item:\n\n``Part IX--Designation of Income Tax Payments To Reduce the Deficit.''.\n\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2010.\n\nSEC. 3. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE \n THE DEFICIT.\n\n (a) Sequestration To Reduce Deficit.--Part C of the Balanced Budget \nand Emergency Deficit Control Act of 1985 is amended by inserting after \nsection 253 the following new section:\n\n``SEC. 253A. SEQUESTRATION TO REDUCE THE DEFICIT.\n\n ``(a) Sequestration.--\n ``(1) Timing.--Within 15 calendar days after the date \n Congress adjourns to end a session, and on the same day as \n sequestration (if any) under sections 251, 252, and 253, but \n after any sequestration required by those sections, there shall \n be a sequestration to eliminate the deficit equivalent to the \n amount calculated under paragraph (2).\n ``(2) Calculation.--\n ``(A) OMB calculation.--Before October 1st of each \n calendar year, OMB shall calculate the total amount \n designated under section 6097 of the Internal Revenue \n Code of 1986.\n ``(B) Federal spending reduction.--In accordance \n with the deadline under paragraph (1), OMB shall apply \n an across the board reduction in Federal spending in an \n amount equal to the product of--\n ``(i) the amount calculated under \n subparagraph (A); and\n ``(ii) 10.\n ``(3) Carryover.--Any amounts not calculated by OMB by the \n October 1st deadline, as set forth in subparagraph (2)(A), \n shall be applied to the following fiscal year Federal spending \n reduction pursuant to this section.\n ``(b) Applicability.--\n ``(1) In general.--Except as provided by paragraph (2), \n each account of the United States shall be reduced by a dollar \n amount calculated by multiplying the level of budgetary \n resources in that account at that time by the uniform \n percentage necessary to carry out subsection (a). All \n obligational authority so reduced shall be done in a manner \n that makes such reductions permanent.\n ``(2) Exempt accounts.--The following programs shall be \n exempt from reduction under any order issued under this \n section:\n ``(A) Benefits payable under the old-age, \n survivors, and disability insurance program established \n under title II of the Social Security Act.\n ``(B) Benefits payable under section 3(a), 3(f)(3), \n 4(a), or 4(f) of the Railroad Retirement Act of 1974.\n ``(C) Benefits payable under title 18 of the Social \n Security Act.\n ``(D) The rate of pay of any judge or justice \n appointed pursuant to article III of the Constitution \n of the United States.\n ``(E) Veteran's benefits listed under sections \n 905(b) and 905(f) of the Balanced Budget and Emergency \n Deficit Control Act of 1985 (2 U.S.C. 905(b), 905(f)).\n ``(c) Effective Date.--This section shall apply to calender years \nbeginning after December 31, 2010.''.\n (b) Reports.--Section 254 of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended--\n (1) in subsection (a), by adding at the end of the table \n the following new item:\n\n\n``October 1......................... OMB report estimating amount of income tax designated pursuant to section\n 6097 of the Internal Revenue Code of 1986.''.\n\n (2) in subsection (c)(1), by inserting ``, and \n sequestration to reduce the deficit,'' after ``sequestration'';\n (3) in subsection (c), by redesignating paragraph (5) as \n paragraph (6) and by inserting after paragraph (4) the \n following new paragraph:\n ``(5) Reports on sequestration to reduce the deficit.--The \n preview reports shall set forth for the budget year estimates \n for each of the following:\n ``(A) The aggregate amount designated under section \n 6097 of the Internal Revenue Code of 1986 for the last \n calendar year ending before the budget year.\n ``(B) The amount of reductions required under \n section 253A and the deficit remaining after those \n reductions have been made.\n ``(C) The sequestration percentage necessary to \n achieve the required reduction in accounts under \n section 253A(a).''; and\n (4) in subsection (f), by redesignating paragraphs (4) and \n (5) as paragraphs (5) and (6), respectively, and by inserting \n after paragraph (3) the following new paragraph:\n ``(4) Reports on sequestration to reduce the deficit.--The \n final reports shall contain all of the information contained in \n the deficit taxation designation report required on October \n 1.''.\n (c) Effective Date.--Notwithstanding section 275(b) of the Balanced \nBudget and Emergency Deficit Control Act of 1985, the expiration date \nset forth in that section shall not apply to the amendments made by \nthis Act. On the date specified in section 253A of the Balanced Budget \nand Emergency Deficit Control Act of 1985, as amended by this section, \nthe President shall issue an order fully implementing the sequestration \nrequired by section 253A of such Act, as amended by this section. This \norder shall be effective on issuance.","summary":"Deficit Reduction Check-Off Act - Amends the Internal Revenue Code to allow individual taxpayers to designate on their tax returns an amount for reducing the federal deficit. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require a sequestration to reduce the federal deficit within 15 days after Congress adjourns to end a session by directing the Office of Management and Budget (OMB) to apply an across-the-board reduction in federal spending equal to 10 times the amount raised by the voluntary tax checkoff under this Act. Exempts from such spending reduction social security and railroad retirement benefits, Medicare benefits, judicial salaries, and veterans benefits.","title":"To amend the Internal Revenue Code of 1986 to allow individuals to designate certain amounts on their income tax returns, to require spending reductions equal to 10 times the amounts so designated, and for other purposes.","text_len":7894,"sum_len":700} {"bill_id":"103_hr1019","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gang Prevention and Youth Recreation \nAct of 1993''.\n\nSEC. 2. GRANTS TO CITIES TO PROVIDE EDUCATION, EMPLOYMENT, RECREATION, \n SOCIAL, AND CULTURAL AWARENESS ASSISTANCE TO AT-RISK \n YOUTH.\n\n The Secretary of Health and Human Services, in consultation with \nthe Secretary of Education, shall, from amounts appropriated under \nsection 10, provide grants to not more than 10 selected cities for the \npurpose of assisting such cities in establishing and operating teen \nresource and education centers in such cities to provide education, \nemployment, recreation, social, and cultural awareness assistance to \nat-risk youth.\n\nSEC. 3. APPLICATION.\n\n To receive a grant under section 2, a city shall submit to the \nSecretary an application in such form and containing such information \nas the Secretary may require.\n\nSEC. 4. TEEN RESOURCE AND EDUCATION CENTERS.\n\n The Secretary may not make a grant under section 2 to a city unless \nthe city agrees that it will use all amounts received from such grant \nto establish and operate, in conjunction with local social service \nagencies, at least 2 teen resource and education centers in such city \nto provide education, employment, recreation, social, and cultural \nawareness assistance to at-risk youth. Teen resource and education \ncenters established and operated using amounts from a grant under \nsection 2 shall, at a minimum, meet the following requirements:\n (1) Educational assistance.--The teen resource and \n education centers shall provide educational assistance to at-\n risk youth for the purpose of--\n (A) providing information on institutions of higher \n education to at-risk youth interested in attending such \n institutions;\n (B) establishing a scholarship search and resource \n program at the centers to provide assistance to such \n youth in the preparation of financial aid applications, \n scholarship applications, and other relevant forms and \n applications; and\n (C) establishing and carrying out preparatory \n courses for high school equivalency examinations and \n college entrance examinations at the center.\n (2) Employment and skills training assistance.--The teen \n resource and education centers shall provide employment and \n skills training assistance to at-risk youth by hiring teen peer \n counselors to--\n (A) provide training to such youth in basic job \n skills, including interviewing, personal appearance, \n and communication with coworkers and superiors;\n (B) provide job referral services to such youth; \n and\n (C) establish job banks for such youth by providing \n listings of job openings in local businesses.\n (3) Recreational opportunities.--The teen resource and \n education centers shall provide recreational opportunities for \n at-risk youth by--\n (A) establishing sports teams for such youth and \n seeking financial support or sponsorship of such teams \n from local businesses;\n (B) establishing and carrying out cooperative work \n activities at such centers, such as a garden to give \n such youth a chance to work together to achieve \n positive results from their efforts and to distribute \n the food harvested from such garden to the families of \n such youth and to neighborhood soup kitchens;\n (C) establishing and carrying out creative \n activities, such as writing, music, media, and visual \n art classes to provide such youth with the opportunity \n to channel creative energies and develop creative \n talents; and\n (D) establishing and carrying out a reading program \n to introduce such youth to the importance of reading.\n (4) Development of social skills.--The teen resource and \n education centers shall provide for the development of the \n social skills of at-risk youth by--\n (A) hiring adult counselors and providing support \n groups at such centers for the purpose of counseling \n such youth on social and personal issues, including \n issues relating to--\n (i) problems facing young minorities;\n (ii) teen-age pregnancy and early \n parenthood, including pregnancy prevention and \n pregnancy management, family planning, and sex \n education, including education relating to \n acquired immune deficiency syndrome (AIDS);\n (iii) job preparedness and unemployment; \n and\n (iv) crime; and\n (B) sponsoring trips for such youth to museums, \n State capitals, concerts, plays, and other cultural and \n educational settings and events.\n (5) Cultural awareness.--The teen resource and education \n centers shall assist in raising the cultural awareness of at-\n risk youth by--\n (A) establishing and carrying out classes on the \n history and culture of African-Americans, Hispanics, \n and other cultural groups to supplement courses taught \n in elementary and secondary schools and to bolster the \n social and personal self-esteem and pride of such \n youth; and\n (B) encouraging such youth to produce plays, \n stories, and artwork that reflect their cultural \n heritage and pride.\n (6) Financial assistance to college graduates working at \n teen resource and education centers.--\n (A) In general.--The teen resource and education \n centers shall provide financial assistance from amounts \n received from a grant under section 2 to graduates of \n institutions of higher education who work full-time at \n such centers for the purpose of assisting such \n graduates to repay student loans obtained by such \n graduates to attend such schools.\n (B) Amount of assistance.--The center may provide \n financial assistance under subparagraph (A) in an \n amount equal to not more than 25 percent of the total \n amount owed by a graduate during any year that such \n graduate is working at such center for the repayment of \n student loans of such graduate. Such assistance may be \n provided to a graduate for up to 4 years that such \n graduate is working at such center.\n\nSEC. 5. CITY REPORT.\n\n The Secretary may not make a grant under section 2 to a city unless \nthe city agrees that it will submit, for any fiscal year in which such \ncity receives a grant under such section, a report to the Secretary \ndescribing the use of such grant, including--\n (1) the number of at-risk youth receiving assistance at \n each teen resource and education center established in such \n city under section 4;\n (2) the types of services and referrals received by such \n at-risk youth; and\n (3) any other information the Secretary determines to be \n appropriate.\n\nSEC. 6. SELECTION.\n\n (a) In General.--The Secretary shall select cities to receive \ngrants under section 2 which have a large number of at-risk youth.\n (b) Geographic Diversity.--To the extent practicable, the Secretary \nshall make grants to cities under section 2 in a manner which will \nequitably distribute such grants among the various regions of the \nUnited States.\n\nSEC. 7. ALLOCATION.\n\n The Secretary may not make a grant under section 2 in a fiscal year \nto any city in an amount totaling more than 10 percent of amounts \nappropriated under section 10 for that fiscal year.\n\nSEC. 8. REPORTS.\n\n (a) Interim Report.--Not later than February 1, 1996, the Secretary \nshall submit to the Congress an interim report containing--\n (1) a compilation of the information contained in the city \n reports received by the Secretary pursuant to section 5; and\n (2) a process evaluation of the effectiveness of the grant \n program.\n (b) Final Report.--Not later than February 1, 1997, the Secretary \nshall submit to the Congress a final report containing the information \ndescribed in subsection (a).\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) At-risk youth.--The term ``at-risk youth'' means \n individuals who have attained the age of 10 but have not \n attained the age of 23 and who live in a city in which--\n (A) drug and gang activity, or other violent \n community activity, are prevalent;\n (B) a large number of youth are unlikely to \n complete an elementary or secondary education;\n (C) a large number of youth are runaway or homeless \n youth;\n (D) a large number of individuals receive public \n assistance; and\n (E) a large number of individuals are single \n parents.\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term under section 1201(a) of the Higher Education Act of 1965.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated \n$1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out \nsection 2.\n (b) Availability.--Amounts appropriated under subsection (a) shall \nremain available until expended.","summary":"Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations. (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks. (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs. (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues. And (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection, allocation, and reporting requirements. Authorizes appropriations.","title":"Gang Prevention and Youth Recreation Act of 1993","text_len":10453,"sum_len":1648} {"bill_id":"111_hr5957","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Congressional \nForeign Travel Reform Act of 2010''.\n (b) Findings.--Congress finds the following:\n (1) The 56-year-old Mutual Security Act governs the current \n procedures and reporting requirements associated with the \n expending of foreign currencies for foreign travel by members \n of Congress and their staffs.\n (2) A recent Congressional Research Service (CRS) \n memorandum finds that ``there are no requirements regarding the \n disclosure of international travel by Members of Congress or \n their staffs that contain records of all international travel \n that might be taken.''.\n (3) This memorandum also finds that--\n (A) the current travel disclosure requirements \n ``may be of limited utility'' when trying to assess the \n amount Congress spends on foreign travel;\n (B) some foreign travel disclosures ``. . . \n identify annual expenditures for an entity, rather than \n quarterly,'' as is required by the law;\n (C) some disclosures contain ``. . . typographical \n and mathematics errors'';\n (D) the current disclosure requirements for \n Congressional foreign travel ``. . . might raise \n questions about the accuracy of reported destinations, \n participants or expenditures''; and\n (E) the current reporting requirements for \n Congressional foreign travel ``. . . may reduce the \n suitability and reliability'' of the following data: \n ``number of trips taken, number of congressional \n travelers, destinations and the number of times a \n destination was visited, purposes of travel, benefits \n of travel and the extent of expenditures for \n congressional travel.''.\n (4) In April 2010 Roll Call reported that these travel ``. \n . . accommodations are made by the State Department and billed \n back to a government account that automatically refills itself \n and has no spending limit attached.''.\n (5) In March 2010 the Wall Street Journal reported that \n while congressional rules require any unused per diem received \n for congressional travel must be paid back, this rule is rarely \n followed.\n (6) The ``Questions and Answers'' section of the Official \n Foreign Travel Guide for the U.S. Congress advises Members of \n Congress that they ``. . . may keep any `excess' funds'' from a \n per diem allowance.\n (7) The CRS memorandum finds that from the only public \n available records on Congressional foreign travel, the House of \n Representatives went from spending $1,557,162 on foreign travel \n in 1994 to $9,303,709 in 2009, and that the amount the House \n has spent on travel has nearly doubled since 2006. Furthermore, \n these amounts do not take into account the use of military \n aircraft.\n (8) In June 2010 Roll Call reported that ``Members of \n Congress routinely fail to report millions of dollars' worth of \n costs . . . on foreign trips'', and that the ``total spent on \n foreign travel has skyrocketed in the past decade.''\n\nSEC. 2. REQUIRING CONGRESS TO OBTAIN AND PAY FOR LOCAL CURRENCIES USED \n TO PROVIDE PER DIEMS TO MEMBERS AND EMPLOYEES OF CONGRESS \n ON OFFICIAL FOREIGN TRAVEL.\n\n (a) Obtaining and Paying for Local Currency Per Diems for Members \nand Employees on Official Foreign Travel.--\n (1) In general.--The House of Representatives and Senate \n may obtain local currencies of foreign nations for the purpose \n of providing a per diem allowance to a Member, officer, or \n employee of the House of Representatives or Senate who is on \n official foreign travel, if the individual obtains an \n authorization under paragraph (2) to receive such an allowance.\n (2) Authorization described.--An individual wishing to \n receive a per diem allowance under paragraph (1) shall obtain \n an authorization--\n (A) from the Speaker of the House of \n Representatives, in the case of a Member, officer, or \n employee of the House;\n (B) from the chairman of a standing or select \n committee of the House of Representatives, in the case \n of a member or employee of that committee;\n (C) from the President of the Senate, the President \n pro tempore of the Senate, the majority leader of the \n Senate, or the minority leader of the Senate, in the \n case of a Member, officer, or employee of the Senate;\n (D) from the chairman of a standing, select, or \n special committee of the Senate, in the case of a \n member or employee of that committee or of an employee \n of a member of that committee; and\n (E) from the chairman of a joint committee of the \n Congress, in the case of a member or employee of that \n committee.\n (3) Limit on amount.--The amount of local currency provided \n for the use of an individual under this subsection may not \n exceed--\n (A) the equivalent of $75 per day per person; or\n (B) the maximum per diem allowance established \n under the authority of subchapter I of chapter 57 of \n title 5, United States Code, for employees of the \n United States Government while traveling in a foreign \n country,\n whichever is greater, exclusive of the actual cost of \n transportation.\n (4) Repayment of unused amounts.--Any individual to whom \n the House of Representatives or the Senate provides a per diem \n under this subsection shall return to the House of \n Representatives or the Senate (as the case may be) any per diem \n provided to the Member or employee which remains unexpended as \n of the conclusion of the travel. Any amount returned in \n accordance with the previous sentence shall be transferred to \n the Secretary of the Treasury, who shall use such amount for \n the purposes of deficit reduction.\n (5) Authorization of appropriations.--There are authorized \n to be appropriated such sums as may be necessary for obtaining \n local currencies under this subsection, of which--\n (A) the amounts necessary for obtaining local \n currencies for the use of any individual whose pay is \n disbursed by the Chief Administrative Officer of the \n House of Representatives shall be appropriated from the \n applicable accounts of the House of Representatives; \n and\n (B) the amounts necessary for obtaining local \n currencies for the use of any individual whose pay is \n disbursed by the Secretary of the Senate shall be \n appropriated from the contingent fund of the Senate.\n (6) Definitions.--In this subsection--\n (A) any reference to a ``Member'' of the House of \n Representatives includes a Delegate or Resident \n Commissioner to the Congress; and\n (B) the term ``official foreign travel'' means any \n travel outside of the United States for which the costs \n (including the costs of transportation, lodging, meals, \n and related expenses) may be covered by appropriated \n funds, including official funds of the House of \n Representatives or Senate, under law or the Rules of \n the House of Representatives or the Standing Rules of \n the Senate.\n (b) Conforming Amendments.--\n (1) Repeal existing authority.--Section 502(b) of the \n Mutual Security Act of 1954 (22 U.S.C. 1754(b)) is amended by \n striking paragraph (1).\n (2) Maintenance of existing reporting requirements.--\n Section 502(b)(3)(A) of such Act (22 U.S.C. 1754(b)(3)(A)) is \n amended by striking ``an authorization under paragraph (1)'' \n and inserting ``an authorization under section 2(b) of the \n Congressional Foreign Travel Reform Act of 2010.''.\n (c) Effective Date.--This section and the amendments made by this \nsection shall apply with respect to fiscal year 2011 and each \nsucceeding fiscal year.\n\nSEC. 3. ENHANCED DISCLOSURE AND OTHER RESTRICTIONS RELATING TO MEMBER \n TRAVEL UNDER RULES OF HOUSE OF REPRESENTATIVES.\n\n (a) Reporting Requirements for Official Foreign Travel by House \nMembers and Employees.--\n (1) Statement required prior to undertaking travel.--A \n Member or employee of the House of Representatives may not \n undertake any official foreign travel unless, not later than 14 \n days prior to the date on which the travel begins, the Member \n or employee prepares and makes available for public inspection \n in accordance with subsection (b) a statement containing the \n following information:\n (A) A statement of worthiness regarding the purpose \n of the travel, including a description of how the \n travel relates to the Member's or employee's official \n duties.\n (B) A tentative itinerary for each day of the \n travel, including a list of the locations the Member or \n employee intends to visit and any individuals with whom \n the Member or employee intends to meet.\n (C) The names of any other individuals who are \n accompanying the Member or employee during the travel, \n without regard to whether such individuals are Members \n or employees of the House.\n (D) The amount of the per diem the Member or \n employee requested to be provided for the travel, and \n whether the amount is greater than the standard per \n diem provided under chapter 57 of title 5, United \n States Code.\n (E) A description of the aircraft to be used for \n transportation for the travel, and the Member's or \n employee's best estimate of the costs of using such \n aircraft.\n (2) Statement required after completion of travel.--Not \n later than 14 days after completing any official foreign \n travel, the Member or employee who undertook the travel shall \n prepare and make available for public inspection in accordance \n with subsection (b) a statement containing the following \n information:\n (A) A statement detailing the value, worthiness, \n and educational benefit to the Member or employee of \n the travel.\n (B) The actual itinerary for the travel, including \n a comprehensive statement of travel times, meetings, \n and other activities carried out during the travel.\n (C) The actual cost of the travel, itemized by the \n costs of--\n (i) transportation (including the \n identification of the providers of the \n transportation);\n (ii) lodging (including the identification \n of the providers of the lodging); and\n (iii) meals (including the identification \n of the providers of the meals).\n (D) How much, if any, of the per diem provided for \n the travel was unspent.\n (3) Exception for information affecting national \n security.--A Member or employee may exclude from a statement \n prepared under this subsection any information which is \n classified or the disclosure of which would adversely affect \n national security, so long as the Member includes documentation \n in support of the exclusion in the statement prepared under \n this subsection.\n (b) Publication Requirements for Reports.--Each statement required \nto be prepared under subsection (a) with respect to official foreign \ntravel of a Member or employee of the House of Representatives shall be \nmade available for public inspection as follows:\n (1) The statement shall be submitted for publication in the \n Congressional Record.\n (2) The statement shall be posted on the official public \n website of the Clerk of the House of Representatives.\n (3) The statement shall be posted on the official public \n website of the authorizing office.\n (4) In the case of a statement submitted with respect to \n travel of a Member, the statement shall be posted on the \n official public website of the Member.\n (5) In the case of a statement submitted with respect to \n travel of an employee, the statement shall be posted on the \n official public website of the employee's employing office.\n (c) Prohibiting Vacation Stopovers During Travel.--A Member or \nemployee of the House of Representatives may not undertake a vacation \nstopover for annual leave at any point during official foreign travel.\n (d) Restrictions on Travel by Employees.--\n (1) Travel by employees of members.--An employee of the \n House of Representatives whose employing office is the office \n of a Member may not undertake any official foreign travel \n unless--\n (A) the authorizing office for the travel is the \n office of the Member;\n (B) the travel is undertaken by the employee to \n accompany the Member on the Member's own official \n foreign travel; and\n (C) no other employee of the office accompanies the \n Member on such travel.\n (2) Travel by employees of committees.--An employee of the \n House of Representatives whose employing office is the office \n of a committee of the House of Representatives may not \n undertake any official foreign travel unless--\n (A) the authorizing office for the travel is the \n office of the committee;\n (B) the travel is undertaken by the employee to \n accompany a Member who serves on the committee on the \n Member's own official foreign travel; and\n (C) the number of employees accompanying the \n Members of the committee on such travel does not exceed \n the number of Members of the committee who are \n participating in such travel.\n (3) Exception for certain travel.--This subsection does not \n apply with respect to travel to a military installation or \n travel to a theater of operations of the Armed Forces.\n (e) Requiring Efforts To Reduce Expenses; Return of Unspent Per \nDiem.--Each Member and employee of the House of Representatives who \nundertakes official foreign travel shall--\n (1) take such actions as may be necessary to reduce the \n costs incurred for such travel; and\n (2) return any per diem provided to the Member or employee \n which remains unexpended as of the conclusion of the travel.\n (f) Regulations.--This section shall be carried out in accordance \nwith regulations promulgated by the Committee on House Administration \nof the House of Representatives.\n (g) Definitions.--In this section, the following definitions apply:\n (1) The term ``authorizing office'' means, with respect to \n a Member or employee of the House of Representatives, the \n office which is authorized under law or the Rules of the House \n of Representatives to approve the use of appropriated funds, \n including official funds of the House of Representatives, for \n official travel outside of the United States by the Member or \n employee.\n (2) The term ``Member of the House of Representatives'' \n includes a Delegate or Resident Commissioner to the Congress.\n (3) The term ``official foreign travel'' means any travel \n outside of the United States for which the costs (including the \n costs of transportation, lodging, meals, and related expenses) \n may be covered by appropriated funds, including official funds \n of the House of Representatives, under law or the Rules of the \n House of Representatives.\n (h) Statement of Rulemaking Authority of House of \nRepresentatives.--This section is enacted by Congress as an exercise of \nthe rulemaking power of the House of Representatives and shall be \nconsidered a part of the rules of the House of Representatives, with \nfull recognition of the constitutional right of the House to change \nthis section at any time, in the same manner and to the same extent as \nin the case of any other rule of the House.","summary":"Congressional Foreign Travel Reform Act of 2010 - Authorizes the House of Representatives and the Senate to obtain local currencies of foreign nations to provide a per diem allowance to a Member, officer, or employee of each chamber on official foreign travel, if the individual obtains an authorization to receive such an allowance from the appropriate specified congressional officer or committee chairman. Limits such local currency to up to the equivalent of $75 per day per person, or the authorized maximum per diem allowance for federal employees while traveling in a foreign country, whichever is greater, exclusive of the actual cost of transportation. Prohibits any Member or employee of the House from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and makes available for public inspection a specified statement containing certain travel-related information. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires Members of the House and employees who undertake official foreign travel to: (1) take necessary actions to reduce travel costs. And (2) return any per diem remaining unexpended at conclusion of the travel.","title":"To require that any local currencies used to provide per diems to Members and employees of Congress for official foreign travel for a fiscal year be obtained by Congress and paid for using funds appropriated for salaries and expenses of Congress for the fiscal year, to enhance the disclosure of information on official foreign travel of Members, officers, and employees of the House of Representatives, and for other purposes.","text_len":17796,"sum_len":1445} {"bill_id":"112_s1443","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Asia-South Pacific Trade Preferences \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) It is in the mutual interest of the United States and \n least-developed countries to promote stable and sustainable \n economic growth and development.\n (2) Trade and investment are powerful economic tools and \n can be used to reduce poverty and raise the standard of living \n in a country.\n (3) A country that is open to trade may increase its \n economic growth.\n (4) Trade and investment often lead to employment \n opportunities and often help alleviate poverty.\n (5) Least-developed countries have a particular challenge \n in meeting the economic requirements of and competitiveness \n necessary for globalization and international markets.\n (6) The United States has recognized the benefits that \n international trade provides to least-developed countries by \n enacting the Generalized System of Preferences and trade \n benefits for developing countries in the Caribbean, Andean, and \n sub-Saharan African regions of the world.\n (7) Enhanced trade with least-developed Muslim countries, \n including Yemen, Afghanistan, and Bangladesh, is consistent \n with other United States objectives of encouraging a strong \n private sector and individual economic empowerment in those \n countries.\n (8) Offering least-developed countries enhanced trade \n preferences will encourage both higher levels of trade and \n direct investment in support of positive economic and political \n developments throughout the world.\n (9) Encouraging the reciprocal reduction of trade and \n investment barriers will enhance the benefits of trade and \n investment as well as enhance commercial and political ties \n between the United States and the countries designated for \n benefits under this Act.\n (10) Economic opportunity and engagement in the global \n trading system together with support for democratic \n institutions and a respect for human rights are mutually \n reinforcing objectives and key elements of a policy to confront \n and defeat global terrorism.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Asia or south pacific country.--The term ``Asia or \n South Pacific country'' means a country listed in section 4(b).\n (2) Beneficiary asia or south pacific country.--The term \n ``beneficiary Asia or South Pacific country'' means an Asia or \n South Pacific country that the President has determined is \n eligible for preferential treatment under this Act.\n (3) Former beneficiary asia or south pacific country.--The \n term ``former beneficiary Asia or South Pacific country'' means \n a country that, after being designated as a beneficiary Asia or \n South Pacific country under this Act, ceased to be designated \n as such a country by reason of its entering into a free trade \n agreement with the United States.\n\nSEC. 4. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS.\n\n (a) Authority To Designate.--\n (1) In general.--Notwithstanding any other provision of \n law, the President is authorized to designate an Asia or South \n Pacific country as a beneficiary Asia or South Pacific country \n eligible for preferential treatment under this Act--\n (A) if the President determines that the country \n meets the requirements set forth in section 104 of the \n African Growth and Opportunity Act (19 U.S.C. 3703); \n and\n (B) subject to the authority granted to the \n President under subsections (a), (d), and (e) of \n section 502 of the Trade Act of 1974 (19 U.S.C. 2462), \n if the country otherwise meets the eligibility criteria \n set forth in such section 502.\n (2) Application of section 104.--Section 104 of the African \n Growth and Opportunity Act shall be applied for purposes of \n paragraph (1) by substituting ``Asia or South Pacific country'' \n for ``sub-Saharan African country'' each place it appears.\n (b) Countries Eligible for Designation.--For purposes of this Act, \nthe term ``Asia or South Pacific country'' refers to the following or \ntheir successor political entities:\n (1) Afghanistan.\n (2) Bangladesh.\n (3) Bhutan.\n (4) Cambodia.\n (5) Kiribati.\n (6) Lao People's Democratic Republic.\n (7) Maldives.\n (8) Nepal.\n (9) Samoa.\n (10) Solomon Islands.\n (11) Timor-Leste (East Timor).\n (12) Tuvalu.\n (13) Vanuatu.\n\nSEC. 5. ELIGIBLE ARTICLES.\n\n (a) In General.--Unless otherwise excluded from eligibility (or \notherwise provided for in this Act), preferential treatment shall apply \nin accordance with subsections (b), (c), and (d).\n (b) Certain Articles.--\n (1) In general.--The President may provide duty-free \n treatment to any article described in subparagraphs (B) through \n (G) of section 503(b)(1) of the Trade Act of 1974 (19 U.S.C. \n 2463(b)(1)) if--\n (A) the article is the growth, product, or \n manufacture of a beneficiary Asia or South Pacific \n country; and\n (B) the President determines, after receiving the \n advice of the International Trade Commission in \n accordance with section 503(e) of the Trade Act of 1974 \n (19 U.S.C. 2463(e)), that the article is not import-\n sensitive in the context of imports from beneficiary \n Asia or South Pacific countries.\n (2) Rules of origin.--The duty-free treatment provided \n under paragraph (1) shall apply to any article described in \n that paragraph that meets the requirements of section 503(a)(2) \n of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)), except that \n for purposes of determining if the article meets the 35-percent \n requirement under subparagraph (A)(ii) of such section--\n (A) if the cost or value of materials produced in \n the customs territory of the United States is included \n with respect to that article, an amount not to exceed \n 15 percent of the appraised value of the article at the \n time it is entered that is attributed to such United \n States cost or value may be applied toward meeting the \n 35-percent requirement; and\n (B) the cost or value of the materials included \n with respect to that article that are produced in one \n or more beneficiary Asia or South Pacific countries or \n former beneficiary Asia or South Pacific countries \n shall be applied toward meeting the 35-percent \n requirement.\n (c) Textile and Apparel Articles.--\n (1) In general.--The preferential treatment described in \n subsection (a) of section 112 of the African Growth and \n Opportunity Act (19 U.S.C. 3721(a)) shall apply with respect to \n textile and apparel articles described in paragraphs (1), (2), \n (4), (5), (7), and (8) of subsection (b) of such section and \n paragraphs (2) and (3) of this subsection that are imported \n directly into the customs territory of the United States from a \n beneficiary Asia or South Pacific country except that such \n section 112 shall be applied and administered with respect to \n such articles--\n (A) in subsection (a), by substituting ``a \n beneficiary Asia or South Pacific country (as defined \n in section 3 of the Asia-South Pacific Trade \n Preferences Act)'' for ``a beneficiary sub-Saharan \n African country described in section 506A(c) of the \n Trade Act of 1974''; and\n (B) in paragraphs (1), (2), (4), (5), (7), and (8) \n of subsection (b), by substituting ``beneficiary Asia \n or South Pacific country'' and ``beneficiary Asia or \n South Pacific countries'' for ``beneficiary sub-Saharan \n African country'' and ``beneficiary sub-Saharan African \n countries'', respectively, each place such terms \n appear.\n (2) Textile and apparel articles assembled from regional \n and other fabric.--\n (A) In general.--Textile and apparel articles \n described in this paragraph are textile and apparel \n articles wholly assembled in one or more beneficiary \n Asia or South Pacific countries or former beneficiary \n Asia or South Pacific countries, or both, from fabric \n wholly formed in one or more beneficiary Asia or South \n Pacific countries or former beneficiary Asia or South \n Pacific countries, or both, from yarn originating \n either in the United States or one or more beneficiary \n Asia or South Pacific countries or former beneficiary \n Asia or South Pacific countries, or both (including \n fabrics not formed from yarns, if such fabrics are \n classifiable under heading 5602 or 5603 of the \n Harmonized Tariff Schedule of the United States and are \n wholly formed and cut in the United States, in one or \n more beneficiary Asia or South Pacific countries or \n former beneficiary Asia or South Pacific countries, or \n any combination thereof), whether or not the textile \n and apparel articles are also made from any of the \n fabrics, fabric components formed, or components knit-\n to-shape described in paragraph (1) or (2) of section \n 112(b) of the African Growth and Opportunity Act (19 \n U.S.C. 3721(b)) (unless the apparel articles are made \n exclusively from any of the fabrics, fabric components \n formed, or components knit-to-shape described in \n paragraph (1) or (2) of such section 112(b)).\n (B) Limitations on benefits.--\n (i) In general.--Preferential treatment \n under this subsection shall be extended in the \n 1-year period beginning January 1, 2012, and in \n each of the succeeding 10 1-year periods, to \n imports of textile and apparel articles \n described in subparagraph (A) in an amount not \n to exceed the applicable percentage of the \n aggregate square meter equivalents of all \n textile and apparel articles imported into the \n United States in the most recent 12-month \n period for which data are available.\n (ii) Applicable percentage.--For purposes \n of this subparagraph, the term ``applicable \n percentage'' means 11 percent for the 1-year \n period beginning January 1, 2012, increased in \n each of the 10 succeeding 1-year periods by \n equal increments, so that for the period \n beginning January 1, 2022, the applicable \n percentage does not exceed 14 percent.\n (3) Handloomed, handmade, folklore articles and ethnic \n printed fabrics.--\n (A) In general.--A textile or apparel article \n described in this paragraph is a handloomed, handmade, \n folklore article or an ethnic printed fabric of a \n beneficiary Asia or South Pacific country or countries \n that is certified as such by the competent authority of \n such beneficiary country or countries. For purposes of \n this subsection, the President, after consultation with \n the beneficiary Asia or South Pacific country or \n countries concerned, shall determine which, if any, \n particular textile and apparel goods of the country or \n countries shall be treated as being handloomed, \n handmade, or folklore articles or an ethnic printed \n fabric.\n (B) Requirements for ethnic printed fabric.--Ethnic \n printed fabrics qualified under this paragraph are--\n (i) fabrics containing a selvedge on both \n edges, having a width of less than 50 inches, \n classifiable under subheading 5208.52.30 or \n 5208.52.40 of the Harmonized Tariff Schedule of \n the United States;\n (ii) of the type that contains designs, \n symbols, and other characteristics of Asian or \n South Pacific prints--\n (I) normally produced for and sold \n on the indigenous Asian or South \n Pacific market; and\n (II) normally sold in Asia or South \n Pacific countries by the piece as \n opposed to being tailored into garments \n before being sold in indigenous Asian \n or South Pacific markets;\n (iii) printed, including waxed, in one or \n more beneficiary Asia or South Pacific \n countries; and\n (iv) fabrics formed in the United States, \n from yarns formed in the United States, or from \n fabric formed in one or more beneficiary Asia \n or South Pacific countries from yarn \n originating in either the United States or one \n or more beneficiary Asia or South Pacific \n countries.\n (4) Special rule.--\n (A) In general.--Preferential treatment under this \n subsection shall be extended through December 31, 2019, \n for textile and apparel articles that are wholly \n assembled in one or more beneficiary Asia or South \n Pacific countries or former beneficiary Asia or South \n Pacific countries, or both, regardless of the country \n of origin of the yarn or fabric used to make such \n articles.\n (B) Country limitations.--\n (i) Small suppliers.--If, during a calendar \n year, imports of textile and apparel articles \n described in subparagraph (A) from a \n beneficiary Asia or South Pacific country are \n less than 1 percent of the aggregate square \n meter equivalents of all textile and apparel \n articles imported into the United States during \n that calendar year, such imports may be \n increased to an amount that is equal to not \n more than 1.5 percent of the aggregate square \n meter equivalents of all textile and apparel \n articles imported into the United States during \n that calendar year for the succeeding calendar \n year.\n (ii) Other suppliers.--If, during a \n calendar year, imports of textile and apparel \n articles described in subparagraph (A) from a \n beneficiary Asia or South Pacific country are \n at least 1 percent of the aggregate square \n meter equivalents of all textile and apparel \n articles imported into the United States during \n that calendar year, such imports may be \n increased by an amount that is equal to not \n more than \\1\/3\\ of 1 percent of the aggregate \n square meter equivalents of all textile and \n apparel articles imported into the United \n States during that calendar year for the \n succeeding calendar year.\n (iii) Aggregate country limit.--In no case \n may the aggregate quantity of textile and \n apparel articles described in subparagraph (A) \n imported into the United States during a \n calendar year under this subsection exceed the \n applicable percentage set forth in paragraph \n (2)(B)(ii) for that calendar year.\n (d) Other Restrictions.--The provisions of subsections (b)(3)(B) \nand (e) of section 112 and section 113 of the African Growth and \nOpportunity Act (19 U.S.C. 3721 and 3722) shall apply with respect to \nthe preferential treatment extended under this section to a beneficiary \nAsia or South Pacific country by substituting ``beneficiary Asia or \nSouth Pacific country'' for ``beneficiary sub-Saharan African country'' \nand ``beneficiary Asia or South Pacific countries'' and ``former \nbeneficiary Asia or South Pacific countries'' for ``beneficiary sub-\nSaharan African countries'' and ``former sub-Saharan African \ncountries'', respectively, as appropriate.\n (e) Technical Amendment.--Section 6002(a)(2)(B) of the Africa \nInvestment Incentive Act of 2006 (Public Law 109-432) is amended by \ninserting before ``by striking'' the following: ``in paragraph (3),''.\n\nSEC. 6. REPORTING REQUIREMENT.\n\n The President shall monitor, review, and report to Congress, not \nlater than 1 year after the date of the enactment of this Act, and \nannually thereafter, on the implementation of this Act and on the trade \nand investment policy of the United States with respect to the Asia or \nSouth Pacific countries.\n\nSEC. 7. TERMINATION OF PREFERENTIAL TREATMENT.\n\n No duty-free treatment or other preferential treatment extended to \na beneficiary Asia or South Pacific country under this Act shall remain \nin effect after December 31, 2022.\n\nSEC. 8. EFFECTIVE DATE.\n\n The provisions of this Act shall take effect on January 1, 2012.","summary":"Asia-South Pacific Trade Preferences Act - Authorizes the President to designate an Asia or South Pacific country as a beneficiary Asia or South Pacific country eligible for preferential treatment under this Act if that country meets: (1) certain requirements under the African Growth and Opportunity Act, including establishing a market-based economy and the rule of law, the protection of human rights, and the elimination of trade barriers to the United States. And (2) certain eligibility criteria for designation as a least-developed beneficiary developing country under the Trade Act of 1974. Lists the following countries eligible for designation as a Asia or South Pacific country: (1) Afghanistan, (2) Bangladesh, (3) Bhutan, (4) Cambodia, (5) Kiribati, (6) Lao People's Democratic Republic, (7) Maldives, (8) Nepal, (9) Samoa, (10) Solomon Islands, (11) Timor-Leste , (12) Tuvalu, and (13) Vanuatu. Authorizes the President to provide duty-free treatment of certain import-sensitive articles meeting rules of origin requirements if: (1) the article is the growth, product, or manufacture of a beneficiary Asia or South Pacific country. And (2) the President determines, after receiving advice of the International Trade Commission (ITC), that the article is not import-sensitive in the context of imports from beneficiary Asia or South Pacific countries. Prescribes the rules of origin for the articles for the duty-free treatment. Grants duty-free treatment of certain textile and apparel articles imported directly into the customs territory of the United States from a beneficiary Asia or South Pacific country. Establishes limitations on such preferential treatment. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Prescribes a special rule to extend such preferential treatment through December 31, 2019, for textile and apparel articles that are wholly assembled in one or more beneficiary or former beneficiary Asia or South Pacific countries, or both, regardless of the country or origin of the yarn or fabric used to make such articles. Terminates the extension of preferential treatment to a beneficiary Asia or South Pacific country after December 31, 2022.","title":"A bill to extend certain trade preferences to certain least-developed countries in Asia and the South Pacific, and for other purposes.","text_len":19364,"sum_len":2225} {"bill_id":"103_hr1926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Narcotics Leadership Act \nAmendments of 1993''.\n\nSEC. 2. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.\n\n Section 1003(c) of the National Narcotics Leadership Act of 1988 \n(21 U.S.C. 1502(c)) is amended--\n (1) by redesignating paragraphs (5), (6), and (7) as \n paragraphs (6), (7), and (8), respectively; and\n (2) by inserting after paragraph (4) the following:\n ``(5) The Director may require the inclusion, in the budget \nsubmission to the Office of Management and Budget by any National Drug \nControl Program agency, of funding requests for specific initiatives \nthat are consistent with the President's priorities for the National \nDrug Control Strategy and certifications made pursuant to paragraph \n(3).''.\n\nSEC. 3. REPORT ON REPROGRAMMING; OFFICE PERSONNEL RESTRICTION.\n\n (a) Report on Reprogramming.--Section 1003(c)(7) of the National \nNarcotics Leadership Act of 1988, as redesignated by section 2(1) of \nthis Act, is amended to read as follows:\n ``(7) The Director shall report to the Congress on a quarterly \nbasis regarding the need for any reprogramming or transfer of \nappropriated funds in an amount greater than $5,000,000 for National \nDrug Control Program activities.''.\n (b) Office Personnel Restriction.--Section 1003 of the National \nNarcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended by adding \nat the end the following:\n ``(f) Prohibition on Political Campaigning.--A Federal officer in \nthe Office of National Drug Control Policy who is appointed by the \nPresident, by and with the advice and consent of the Senate, may not \nparticipate in Federal election campaign activities, except that such \nan official is not prohibited by this subsection from making \ncontributions to individual candidates.''.\n\nSEC. 4. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.\n\n Section 1005(a) of the National Narcotics Leadership Act of 1988 \n(21 U.S.C. 1504(a)) is amended--\n (1) in paragraph (2)(A) by inserting ``and the consequences \n of drug abuse'' after ``drug abuse''; and\n (2) by amending paragraph (4) to read as follows:\n ``(4) The Director shall include with each National Drug \n Control Strategy an evaluation of the effectiveness of Federal \n drug control during the preceding year. The evaluation shall \n include an assessment of Federal drug control efforts, \n including--\n ``(A) assessment of the reduction of drug use, \n including estimates of drug prevalence and frequency of \n use as measured by national, State, and local surveys \n of illicit drug use and by other special studies of--\n ``(i) high-risk populations, including \n school dropouts, the homeless and transient, \n arrestees, parolees, and probationers, and \n juvenile delinquents; and\n ``(ii) drug use in the workplace and the \n productivity lost by such use;\n ``(B) assessment of the reduction of drug \n availability, as measured by--\n ``(i) the quantities of cocaine, heroin, \n and marijuana available for consumption in the \n United States;\n ``(ii) the amount of cocaine and heroin \n entering the United States;\n ``(iii) the number of hectares of poppy and \n coca cultivated and destroyed;\n ``(iv) the number of metric tons of heroin \n and cocaine seized;\n ``(v) the number of cocaine processing labs \n destroyed;\n ``(vi) changes in the price and purity of \n heroin and cocaine;\n ``(vii) the amount and type of controlled \n substances diverted from legitimate retail and \n wholesale sources; and\n ``(viii) the effectiveness of Federal \n technology programs at improving drug detection \n capabilities at United States ports of entry;\n ``(C) assessment of the reduction of the \n consequences of drug use and availability, which shall \n include estimation of--\n ``(i) burdens drug users placed on hospital \n emergency rooms in the United States, such as \n the quantity of drug-related services provided;\n ``(ii) the annual national health care \n costs of drug use, including costs associated \n with people becoming infected with the human \n immunodeficiency virus and other communicable \n diseases as a result of drug use;\n ``(iii) the extent of drug-related crime \n and criminal activity; and\n ``(iv) the contribution of drugs to the \n underground economy, as measured by the retail \n value of drugs sold in the United States; and\n ``(D) determination of the status of drug treatment \n in the United States, by assessing--\n ``(i) public and private treatment capacity \n within each State, including information on the \n number of treatment slots available in relation \n to the number actually used, including data on \n intravenous drug users and pregnant women;\n ``(ii) the extent, within each State, to \n which treatment is available, on demand, to \n intravenous drug users and pregnant women;\n ``(iii) the number of drug users the \n Director estimates could benefit from \n treatment; and\n ``(iv) the success of drug treatment \n programs, including an assessment of the \n effectiveness of the mechanisms in place \n federally, and within each State, to determine \n the relative quality of substance abuse \n treatment programs, the qualifications of \n treatment personnel, and the mechanism by which \n patients are admitted to the most appropriate \n and cost effective treatment setting.\n ``(5) The Director shall include with the National Drug \n Control Strategy required to be submitted not later than \n February 1, 1994, and with every second such strategy submitted \n thereafter--\n ``(A) an assessment of the quality of current drug \n use measurement instruments and techniques to measure \n supply reduction and demand reduction activities;\n ``(B) an assessment of the adequacy of the coverage \n of existing national drug use measurement instruments \n and techniques to measure the casual drug user \n population and groups at-risk for drug use;\n ``(C) an assessment of the actions the Director \n shall take to correct any deficiencies and limitations \n identified pursuant to subparagraphs (A) and (B); and\n ``(D) identification of the specific factors that \n restrict the availability of treatment services to \n those seeking it and proposed administrative or \n legislative remedies to make treatment available to \n those individuals.\n ``(6) Federal agencies responsible for the collection or \n estimation of drug-related information required by the Director \n shall cooperate with the Director, to the fullest extent \n possible, to enable the Director to satisfy the requirements of \n sections 4 and 5.\n ``(7) By June 1, 1994, and with each National Drug Control \n Strategy submitted thereafter, the Director shall report to the \n President and the Congress on the Director's assessment of drug \n use and availability in the United States, including an \n estimate of the effectiveness of interdiction, treatment, \n prevention, law enforcement, and international programs under \n the National Drug Control Strategy in effect in the preceding \n year in reducing drug use and availability.''.\n\nSEC. 5. DIRECTOR AS A MEMBER OF THE NATIONAL SECURITY COUNCIL.\n\n Section 402(a)(7) of title 50, United States Code, is amended by--\n (1) striking ``and'' after the semicolon in paragraph (6);\n (2) redesignating paragraph (7) as paragraph (8); and\n (3) inserting after paragraph (6) the following:\n ``(7) the Director of the Office of National Drug Control \n Policy; and''.\n\nSEC. 6. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.\n\n (a) Drug Abuse Addiction and Rehabilitation Center.--Section 1003A \nof the National Narcotics Leadership Act of 1988 (21 U.S.C. \n1502a(c)(1)) is amended--\n (1) by redesignating subparagraphs (B), (C), and (D) as \n subparagraphs (C), (D), and (E), respectively; and\n (2) by inserting after subparagraph (A) the following:\n ``(B) identify and support, through interagency \n agreements or grants that are subjected to peer review \n by independent advisory boards, the application of \n technology to expanding the effectiveness or \n availability of drug treatment;''.\n (b) Assistance From the Advanced Research Project Agency.--Section \n1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. \n1502a) is amended by adding at the end the following:\n ``(f) Assistance and Support to Office of National Drug Control \nPolicy.--The Director of the Advanced Research Project Agency shall, to \nthe fullest extent possible, render assistance and support to the \nOffice of National Drug Control Policy and its Director.''.\n (c) Repeal and Redesignation.--The National Narcotics Leadership \nAct of 1988 is amended by--\n (1) repealing section 1008 (21 U.S.C. 1505), as in effect \n on the date of the enactment of this Act;\n (2) redesignating section 1003A, as amended by subsection \n (b) of this section, as section 1008; and\n (3) moving such section, as redesignated, so as to follow \n section 1007.\n\nSEC. 7. PAYING CERTAIN NECESSARY EXPENSES FOR STRATEGY CONSULTATION.\n\n Section 1005(a)(3) of the National Narcotics Leadership Act of 1988 \n(21 U.S.C. 1504(a)(3)) is amended by adding at the end the following:\n ``(C) The Director may pay for the necessary and appropriate \nexpenses for assemblages of individuals providing consultation to the \nDirector in developing the National Drug Control Strategy.''.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 1011 of the National Narcotics Leadership Act of 1988 (21 \nU.S.C. 1508) is amended by striking ``$3,500,000'' and all that follows \nthrough ``years,'' and inserting ``such sums as may be necessary for \nfiscal year 1994,''.\n\nSEC. 9. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.\n\n Section 1009 of the National Narcotics Leadership Act of 1988 (21 \nU.S.C. 1506) is amended by striking ``the date which is 5 years after \nthe date of the enactment of this subtitle'' and inserting ``September \n30, 1994''.\n\n Passed the House of Representatives November 21, 1993.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"National Narcotics Leadership Act Amendments of 1993 - Amends the National Narcotics Leadership Act of 1988 to authorize the Director for National Drug Control Policy to require the budget submission to the Office of Management and Budget by any National Drug Control Program agency to include funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made regarding the adequacy of such request to implement the objectives of the Strategy for the relevant year. Requires the Director to report to the Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds for Program activities in an amount greater than $5 million. Prohibits a Federal officer in the Office of National Drug Control Policy who is appointed by the President from participating in Federal election campaign activities, except that such an official is not thereby prohibited from making contributions to individual candidates. Revises provisions regarding the Strategy to: (1) include long-range goals for reducing the consequences of drug abuse. And (2) require the Director to include an evaluation of the effectiveness of Federal drug control during the preceding year. Specifies that such evaluation shall include an assessment of Federal drug control efforts, including: (1) an assessment of the reduction of drug use, drug availability, and associated consequences. And (2) a determination of the status of US drug treatment. Requires: (1) the Director to include with the Strategy specified information regarding assessment of drug use measurement, identification of factors restricting the availability of treatment, and proposed remedies to make such treatment available and to report to the President and the Congress on drug use and availability in the United States. And (2) Federal agencies responsible for the collection or estimation of drug-related information to cooperate with the Director to satisfy such requirements. Designates the Director as a member of the National Security Council. Requires: (1) the Director to identify and support, through interagency agreements or grants that are subjected to peer review by independent advisory boards, the application of technology to expanding the effectiveness or availability of drug treatment. And (2) the Director of the Advanced Research Project Agency to assist and support the Office and its Director. Repeals provisions of the Act pertaining to an executive reorganization study. Authorizes the Director to pay the expenses for assemblage of individuals providing consultation in developing the Strategy. Authorizes appropriations. Terminates the Office on September 30, 1994.","title":"National Narcotics Leadership Act Amendments Act of 1993","text_len":12306,"sum_len":2760} {"bill_id":"106_hr2354","text":"SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.\n\n The Association of American State Geologists, a nonprofit \ncorporation organized under the laws of the State of Delaware, is \nrecognized and granted a Federal charter.\n\nSEC. 2. POWERS.\n\n The Association of American State Geologists (in this Act referred \nto as the ``association'') shall have only those powers granted to it \nthrough its constitution, bylaws and article of incorporation filed in \nthe State of Delaware and subject to the laws of the State of Delaware.\n\nSEC. 3. PURPOSES.\n\n The purposes of the association are those provided in its \nconstitution, bylaws and article of incorporation and shall include the \nfollowing:\n (1) To promote, advance and protect the common good, \n welfare and security of the Nation through the application of \n geology and related earth sciences to--\n (A) foster wise and responsible stewardship of the \n Nation's natural resources;\n (B) foster the creation of national wealth, general \n prosperity and a high quality of life in the United \n States;\n (C) foster appropriate and sustainable economic \n development;\n (D) foster prudent exploration, development, \n utilization, management and conservation of the \n Nation's land, seas and seabeds including energy, \n mineral, water, environmental and ecological resources;\n (E) avoid, reduce and mitigate hazards related to \n geology, earthquakes, volcanoes, landslides and other \n natural hazards through public awareness and \n coordination with appropriate local, State, regional \n and Federal agencies; and\n (F) educate the general public concerning the \n critical importance of geology to society, \n civilization, culture, economy and national security.\n (2) To advance the science and practical application of \n geology and related earth sciences in the United States and its \n possessions.\n (3) To improve the effectiveness of State geological \n surveys through the interchange of ideas pertaining to their \n administrative organization, programs, and applications to \n economic changes and other geologically related issues.\n (4) To improve methods of assembling and disseminating data \n and information to mining, energy, agriculture, utility, \n construction, insurance and banking industries; educational \n institutions; civic and professional organizations; \n legislators; governmental agencies; and the public.\n (5) To effectively coordinate activities with Federal and \n State agencies working in related fields.\n\nSEC. 4. SERVICE OF PROCESS.\n\n With respect to service of process, the association shall comply \nwith the law of the State of Delaware and those States in which it \ncarries on its activities in furtherance of the purposes of the \nassociation.\n\nSEC. 5. MEMBERSHIP.\n\n Except as provided in section (8)(g), eligibility for membership in \nthe association and the rights and privileges of members shall be as \nprovided in the constitution, bylaws and articles of incorporation of \nthe association.\n\nSEC. 6. BOARD OF DIRECTORS.\n\n Except as provided in section 8(g), the composition of the board of \ndirectors of the association and the responsibilities of the board \nshall be as provided in the constitution, bylaws and articles of \nincorporation of the association.\n\nSEC. 7. OFFICERS.\n\n Except as provided in section 8(g), the positions of officers of \nthe association and the election of members to such positions shall be \nas provided in the constitution, bylaws and articles of incorporation \nof the association.\n\nSEC. 8. RESTRICTIONS.\n\n (a) Income and Compensation.--No part of the income or assets of \nthe association may insure to the benefit of any member, officer, or \ndirector of the association or be distributed to any such individual \nduring the life of this charter. Nothing in this subsection may be \nconstrued to prevent the payment of reasonable compensation to the \nofficers and employees of the association or reimbursement for actual \nand necessary expenses in amounts approved by the board of directors.\n (b) Loans.--The association may not make any loan to any member, \nofficer, director or employee of the association.\n (c) Issuance of Stock and Payment of Dividends.--The association \nmay not issue any shares of stock or declare or pay any dividends.\n (d) Disclaimer of Congressional or Federal Approval.--The \nassociation may not claim the approval of Congress or the authorization \nof the Federal Government for any of its activities by virtue of this \nAct.\n (e) Association Status.--The association shall maintain its status \nas an entity organized and incorporated under the laws of the State of \nDelaware.\n (f) Association Function.--The association shall function as an \neducational, patriotic, civic, historical and research organization \nunder the laws of the State of Delaware.\n (g) Nondiscrimination.--In establishing the conditions of \nmembership in the association and in determining the requirements for \nserving on the board of directors or as an officer of the association, \nthe association may not discriminate on the basis of race, color, \nreligion, sex, disability, age or national origin.\n\nSEC. 9. LIABILITY.\n\n The association shall be liable for the acts of its officers, \ndirectors, employees and agents whenever such individuals act within \nthe scope of their authority.\n\nSEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.\n\n (a) Books and Records of Account.--The association shall keep \ncorrect and complete books and records of account and minutes of any \nproceeding of the association involving any of its members, the board \nof directors, or any committee having authority under the board of \ndirectors.\n (b) Names and Addresses of Members.--The association shall keep at \nits principal office a record of the names and addresses of all members \nhaving the right to vote in any proceeding of the association.\n (c) Right To Inspect Books and Records.--All books and records of \nthe association may be inspected by any member having the right to vote \nin any proceeding of the association, or by any agent or attorney of \nsuch member, for any proper purpose at any reasonable time.\n (d) Application of State Law.--This section may not be construed to \ncontravene any applicable State law.\n\nSEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.\n\n The first section of the Act entitled ``An Act to provide for audit \nof accounts of private corporations established under Federal law'', \napproved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the \nend the following:\n ``(80) Association of American State Geologists.''.\n\nSEC. 12. ANNUAL REPORT.\n\n The association shall annually submit to Congress a report \nconcerning the activities of the association during the preceding \nfiscal year. The annual report shall be submitted on the same date as \nthe report of the audit required by reason of the amendment made in \nsection 11. The annual report shall not be printed as a public \ndocument.\n\nSEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.\n\n The right to alter, amend, or repeal this Act is expressly reserved \nto Congress.\n\nSEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.\n\n If the association fails to maintain its status as an entity exempt \nfrom taxation as provided in the Internal Revenue Code of 1986 the \ncharter granted in this Act shall terminate.\n\nSEC. 15. TERMINATION.\n\n The charter granted in this Act shall expire if the association \nfails to comply with any of the provisions of this Act.\n\nSEC. 16. DEFINITION OF STATE.\n\n For the purposes of this Act, the term ``State'' includes the \nDistrict of Columbia, the Commonwealth of Puerto Rico, the Commonwealth \nof the Northern Mariana Islands and the territories and possessions of \nthe United States.","summary":"Grants a Federal charter to the Association of American State Geologists .","title":"To grant a federal charter to the Association of American State Geologists.","text_len":8241,"sum_len":74} {"bill_id":"110_hr1976","text":"SECTION 1. MODIFICATION OF REFINED COAL CREDIT TO INCLUDE QUALIFIED \n COAL WASTE SLUDGE RECYCLING.\n\n (a) In General.--Section 45 of the Internal Revenue Code of 1986 \n(relating to electricity produced from certain renewable resources, \netc.) is amended--\n (1) in subsection (b)(2) by inserting ``the $3.00 amount in \n subsection (e)(8)(B),'' after ``the $4.375 amount in subsection \n (e)(8)(A),'',\n (2) in subsection (b)(2) by striking ``subsection \n (e)(8)(B)(i)'' and inserting ``subsection (e)(8)(C)(i)'',\n (3) in subsection (c)(7) by adding at the end the \n following:\n ``(C) Refined coal from a qualified coal waste \n sludge recycling process.--Refined coal shall also \n include, without regard to subparagraphs (A) and (B) \n hereof, a solid fuel produced from a qualified coal \n waste sludge recycling process.'',\n (4) in subsection (d)(8) by striking ``2009.'' and \n inserting ``2009, or in the case of a facility that uses a \n qualified coal waste sludge recycling process, a facility that \n was placed in service not later than one year after the date of \n enactment of the credit under this section for refined coal \n from a qualified coal waste sludge recycling process. For \n purposes of this subsection, a qualified coal waste sludge \n recycling facility shall be treated as placed in service when \n such facility is in place and functioning to process coal with \n coal waste sludge. A `qualified coal waste sludge recycling \n facility' includes a plant, comprised of one or more batch \n tanks and\/or one or more storage tanks, steam and spray pipes, \n processing pumps, variable speed drives, a flowmeter and \n related electrical equipment, that processes coal and liquefied \n coal waste sludge.'',\n (5) in subsection (e)(8)(A) by inserting ``(other than \n refined coal from a qualified coal waste sludge recycling \n process)'' after ``refined coal'' the first place it appears,\n (6) in subsection (e)(8) by redesignating subparagraphs (B) \n and (C) as subparagraphs (C) and (D), respectively, and by \n inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) Availability and determination of credit \n amount for refined coal from a qualified coal waste \n sludge recycling process.--In the case of a producer of \n refined coal from a qualified coal waste sludge \n recycling process, there shall be allowed a credit for \n the taxable year under this section of $3.00 per \n barrel-of-oil equivalent of refined coal from a \n qualified coal waste sludge recycling process--\n ``(i) produced by the taxpayer at a \n facility using a refined coal from qualified \n coal waste sludge recycling process during the \n period beginning on the date of enactment of \n this subparagraph and ending on the date that \n is four years from the later of the first day \n of the fifth full month after the date of \n enactment of this subparagraph or its placed-\n in-service date, and\n ``(ii) sold by the taxpayer--\n ``(I) to an unrelated person, and\n ``(II) during such period and \n taxable year.\n For purposes of the preceding sentence, barrel-\n of-oil equivalent is the amount of refined coal \n from a qualified coal waste sludge recycling \n process that has a Btu content of 5.8 \n million.'',\n (7) in subsection (e)(8)(C), as redesignated by paragraph \n (6), by striking ``The amount'' and inserting ``Except for a \n facility producing refined coal from a qualified coal waste \n sludge recycling process, the amount'',\n (8) in subsection (e)(8), as amended by paragraph (6), by \n adding at the end the following new subparagraph:\n ``(E) Qualified coal waste sludge recycling \n process.--\n ``(i) Definition.--For purposes of this \n section, a `qualified coal waste sludge \n recycling process' means a process using a \n facility to liquefy coal waste sludge and \n distribute the liquefied coal waste sludge on \n the coal to create a feedstock for the \n manufacture of coke. The term `coal waste \n sludge' means the tar decanter sludge and \n related byproducts of the coking process, \n including such materials that have been stored \n in ground, in tanks and in lagoons, that have \n been treated as hazardous wastes under \n applicable Federal environmental rules absent \n liquefaction and processing with coal into a \n feedstock for the manufacture of coke. The \n process liquefies coal waste sludge and \n distributes approximately one-quarter to one-\n half gallon of liquefied coal waste sludge per \n each ton of metallurgical coal. Liquefied coal \n waste sludge in excess of such amounts would \n have adverse effects on the operations and \n equipment of the coke batteries that use \n refined coal from a qualified coal waste sludge \n recycling process as a feedstock for coke. Coal \n waste sludge has an energy content ranging from \n 7,000 to 16,000 Btus per pound.\n ``(ii) Interaction between section 45 and \n section 45k; cross reference.--A taxpayer \n selling refined coal from a qualified coal \n waste sludge recycling process shall be \n entitled to a credit under this section for all \n such refined coal that meets the requirements \n of this section. The credit under this section \n shall be available notwithstanding the fact \n that such refined coal is purchased for use as \n a feedstock for coke by a taxpayer that has \n previously claimed credits under section 45K \n for the production of coke or coke gas. For \n rules applicable to taxpayers producing coke or \n coke gas from refined coal from a qualified \n coal waste sludge recycling process, see \n section 45K(h).'', and\n (9) in subsection (e)(9)(B) by striking ``The term'' and \n inserting ``Except for a facility producing refined coal from a \n qualified coal waste sludge recycling process, the term''.\n (b) No Double Benefit; Cross Reference.--Section 45K of such Code \nis amended by adding at the end the following new subsection:\n ``(h) No Double Benefit; Cross Reference.--No credit shall be \nallowed under this section for coke or coke gas manufactured from \nrefined coal from a qualified coal waste sludge recycling process (as \ndefined by section 45(e)(8)(E)(i)) for which credits have been claimed \nunder section 45; provided that taxpayers may claim the credit under \nthis section for coke or coke gas produced from feedstocks for which a \nrefined coal credit under section 45 has not been claimed. For rules \ngoverning the interaction of section 45 and this section that are \napplicable to taxpayers producing refined coal from a qualified coal \nwaste sludge recycling process, see section 45(e)(8)(E)(ii).''.\n (c) Effective Date.--The amendments made by this Act shall apply to \nrefined coal produced after the date of enactment of this Act.","summary":"Amends the Internal Revenue Code to expand the definition of refined coal for purposes of the tax credit for electricity produced from certain renewable resources to include coal produced from a qualified coal waste sludge recycling process. Defines qualified coal waste sludge recycling process as a process using a facility to liquefy coal waste sludge and distribute the liquefied coal waste sludge on the coal to create a feedstock for the manufacture of coke.","title":"To amend the Internal Revenue Code of 1986 to modify the refined coal credit to include qualified coal waste sludge recycling.","text_len":8621,"sum_len":464} {"bill_id":"115_s1831","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Volunteer First Responder Housing \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Bona fide volunteer; eligible employer; qualified \n services.--The terms ``bona fide volunteer'', ``eligible \n employer'', and ``qualified services'' have the meanings given \n those terms in section 457(e) of the Internal Revenue Code of \n 1986.\n (2) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 5304).\n (3) Qualified volunteer first responder.--The term \n ``qualified volunteer first responder'' means any individual \n who--\n (A) is a bona fide volunteer performing qualified \n services for an eligible employer;\n (B) has volunteered for not less than 2 continuous \n years for an eligible employer;\n (C) during each of the 2 years described in \n subparagraph (B)--\n (i) met the minimum requirements for active \n membership established by the eligible \n employer; or\n (ii) if the eligible employer did not \n establish minimum requirements, volunteered for \n not less than 200 hours; and\n (D) is certified as a firefighter or other \n responder in the State, unit of general local \n government, or Indian tribe in which the individual is \n serving as volunteer.\n\nSEC. 3. DEPARTMENT OF AGRICULTURE SINGLE FAMILY HOUSING GUARANTEED LOAN \n PROGRAM.\n\n (a) In General.--A qualified volunteer first responder who submits \nto the Secretary of Agriculture (referred to in this section as the \n``Secretary'') a verification letter in accordance with subsection (b) \nshall be eligible for a verified adjustment in annual income under \nsection 3555.152(c) of title 7, Code of Federal Regulations (or \nsuccessor regulations), in the amount of $18,000.\n (b) Verification Letter.--To be eligible for a verified deduction \nunder subsection (a), a qualified volunteer first responder shall \nsubmit to the Secretary a verification letter from the head of the \neligible employer for which the qualified volunteer first responder \nvolunteers, which shall--\n (1) include the date on which the qualified volunteer first \n responder joined the eligible employer as a volunteer;\n (2) attest to the Secretary that the qualified volunteer \n first responder--\n (A) continuously served as a volunteer for the \n eligible employer during the 2-year period preceding \n the date of the verification letter; and\n (B) during each of the 2 years described in \n subparagraph (A)--\n (i) met the minimum requirements for active \n membership established by the eligible \n employer; or\n (ii) if the eligible employer did not \n establish minimum requirements, volunteered for \n not less than 200 hours; and\n (3) include a copy of the certification of the qualified \n volunteer first responder as a firefighter or other responder \n in the State, unit of general local government, or Indian tribe \n in which the individual served as a volunteer.\n\nSEC. 4. GOOD NEIGHBOR NEXT DOOR SALES PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Department.--The term ``Department'' means the \n Department of Housing and Urban Development.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (b) Amendments.--The Secretary shall amend--\n (1) section 291.530 of title 24, Code of Federal \n Regulations, to provide that a qualified volunteer first \n responder qualifies as a firefighter or emergency medical \n technician for purposes of the Good Neighbor Next Door Sales \n Program of the Department; and\n (2) section 291.515 of title 24, Code of Federal \n Regulations, to provide that, to qualify to purchase a home \n through the Good Neighbor Next Door Sales Program of the \n Department, a qualified volunteer first responder shall submit \n to the Secretary a verification letter from the head of the \n eligible employer for which the qualified volunteer first \n responder volunteers, which shall--\n (A) include the date on which the qualified \n volunteer first responder joined the eligible employer \n as a volunteer;\n (B) attest to the Secretary that the qualified \n volunteer first responder--\n (i) continuously served as a volunteer for \n the eligible employer during the 2-year period \n preceding the date of the verification letter; \n and\n (ii) during each of the 2 years described \n in clause (i)--\n (I) met the minimum requirements \n for active membership established by \n the eligible employer; or\n (II) if the eligible employer did \n not establish minimum requirements, \n volunteered for not less than 200 \n hours; and\n (C) include a copy of the certification of the \n qualified volunteer first responder as a firefighter or \n other responder in the State, unit of general local \n government, or Indian tribe in which the individual \n served as a volunteer.","summary":"Volunteer First Responder Housing Act This bill expands eligibility for assistance undernbsp. The Department of Agriculture Single Family Housing Guaranteed Loan Program and the Department of Housing and Urban Development Good Neighbor Next Door Sales Program with respect to qualified volunteer first responders.","title":"Volunteer First Responder Housing Act","text_len":6205,"sum_len":313} {"bill_id":"111_s18","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Entry for Supporters of the \nIranian Regime Act of 2010''.\n\nSEC. 2. INADMISSIBILITY OF CERTAIN ALIENS WHO ENGAGE IN CERTAIN \n ACTIVITIES WITH RESPECT TO IRAN.\n\n (a) In General.--Section 212(a)(3) of the Immigration and \nNationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end \nthe following:\n ``(H) Individuals who engage in certain activities \n with respect to iran.--\n ``(i) In general.--Subject to clause (iii), \n any alien described in clause (ii) is \n inadmissible.\n ``(ii) Aliens described.--An alien \n described in this clause is an alien that the \n Secretary of State determines--\n ``(I) engages in--\n ``(aa) an activity for \n which sanctions may be imposed \n pursuant to section 5 of the \n Iran Sanctions Act of 1996 \n (Public Law 104-172; 50 U.S.C. \n 1701 note);\n ``(bb) an activity--\n\n ``(AA) relating to \n the proliferation by \n Iran of weapons of mass \n destruction or the \n means of delivery of \n such weapons; and\n\n ``(BB) for which \n sanctions may be \n imposed pursuant to \n Executive Order 13382 \n (70 Fed. Reg. 38567) \n (or any successor \n thereto);\n\n ``(cc) an activity--\n\n ``(AA) relating to \n support for \n international terrorism \n by the Government of \n Iran; and\n\n ``(BB) for which \n sanctions may be \n imposed pursuant to \n Executive Order 13224 \n (66 Fed. Reg. 49079) \n (or any successor \n thereto); or\n\n ``(dd) any other activity \n with respect to Iran for which \n sanctions may be imposed \n pursuant to any other provision \n of law;\n ``(II) is the chief executive \n officer, president, or other individual \n in charge of overall management of, or \n a shareholder with a controlling \n interest in, an entity that engages in \n an activity described in subclause (I); \n or\n ``(III) is a spouse or minor child \n of--\n ``(aa) an alien who engages \n in an activity described in \n subclause (I); or\n ``(bb) the chief executive \n officer, president, or other \n individual in charge of overall \n management of, or a shareholder \n with a controlling interest in, \n an entity that engages in an \n activity described in subclause \n (I).\n ``(iii) Notice; waiver with respect to \n certain entities.--\n ``(I) Notice.--The Secretary of \n State may notify an alien the Secretary \n determines may be inadmissible under \n this subparagraph--\n ``(aa) that the alien may \n be inadmissible; and\n ``(bb) of the reason for \n the inadmissibility of the \n alien.\n ``(II) Waiver.--The President may \n waive the application of this \n subparagraph and admit an alien to the \n United States if--\n ``(aa) the alien is \n described in subclause (II) or \n (III)(bb) of clause (ii);\n ``(bb) the entity that \n engaged in the activity that \n would otherwise result in the \n inadmissibility of the alien \n under this subparagraph is no \n longer engaging the activity or \n has taken significant steps \n toward stopping the activity; \n and\n ``(cc) the President has \n received reliable assurances \n that the entity will not \n knowingly engage in an activity \n described in clause (ii)(I) \n again.''.\n (b) Regulations.--Section 428 of the Homeland Security Act of 2002 \n(6 U.S.C. 236) is amended by adding at the end the following:\n ``(j) Regulations With Respect to Inadmissibility of Aliens Who \nEngage in Certain Transactions With Iran.--Not later than 180 days \nafter the date of the enactment of this subsection, the Secretary shall \nissue regulations and guidelines for interpreting and enforcing the \nprohibition under subparagraph (H) of section 212(a)(3) of the \nImmigration and Nationality Act (8 U.S.C. 1182(a)(3)) on the \nadmissibility of aliens who engage in certain sanctionable activities \nwith respect to Iran.''.","summary":"No Entry for Supporters of the Iranian Regime Act of 2010 - Amends the Immigration and Nationality Act to make inadmissible to the United States an alien who: (1) engages in certain sanctionable activities with Iran, including the development of Iran's petroleum resources, the proliferation of Iranian weapons of mass destruction, or support for terrorism by Iran. Or (2) has a controlling managing or shareholder interest in an entity that engages in such activities. Authorizes presidential waiver of such prohibition under specified conditions.","title":"A bill to prohibit aliens who engage in certain activities with respect to Iran from being admitted into the United States, and for other purposes.","text_len":7591,"sum_len":548} {"bill_id":"105_hr2604","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Religious Liberty and Charitable \nDonation Protection Act of 1997''.\n\nSEC. 2. DEFINITIONS.\n\n Section 548(d) of title 11, United States Code, is amended by \nadding at the end the following:\n ``(3) In this section, the term `charitable contribution' means a \ncharitable contribution, as that term is defined in section 170(c) of \nthe Internal Revenue Code of 1986, if that contribution--\n ``(A) is made by a natural person; and\n ``(B) consists of--\n ``(i) a financial instrument (as that term is \n defined in section 731(c)(2)(C) of the Internal Revenue \n Code of 1986); or\n ``(ii) cash.\n ``(4) In this section, the term `qualified religious or charitable \nentity or organization' means--\n ``(A) an entity described in section 170(c)(1) of the \n Internal Revenue Code of 1986; or\n ``(B) an entity or organization described in section \n 170(c)(2) of the Internal Revenue Code of 1986.''.\n\nSEC. 3. TREATMENT OF PREPETITION QUALIFIED CHARITABLE CONTRIBUTIONS.\n\n (a) In General.--Section 548(a) of title 11, United States Code, is \namended--\n (1) by inserting ``(1)'' after ``(a)'';\n (2) by striking ``(1) made'' and inserting ``(A) made'';\n (3) by striking ``(2)(A)'' and inserting ``(B)(i);\n (4) by striking ``(B)(i)'' and inserting ``(ii)(I)'';\n (5) by striking ``(ii) was'' and inserting ``(II) was'';\n (6) by striking ``(iii)'' and inserting ``(III)''; and\n (7) by adding at the end the following:\n ``(2) A transfer of a charitable contribution to a qualified \nreligious or charitable entity or organization shall not be considered \nto be a transfer covered under paragraph (1)(B) in any case in which--\n ``(A) the amount of that contribution does not exceed 15 \n percent of the gross annual income of the debtor for the year \n in which the transfer of the contribution is made; or\n ``(B) the contribution made by a debtor exceeded the \n percentage amount of gross annual income specified in \n subparagraph (A), if the transfer was consistent with the \n practices of the debtor in making charitable contributions.''.\n (b) Trustee as Lien Creditor and as Successor to Certain Creditors \nand Purchasers.--Section 544(b) of title 11, United States Code, is \namended--\n (1) by striking ``(b) The trustee'' and inserting ``(b)(1) \n Except as provided in paragraph (2), the trustee''; and\n (2) by adding at the end the following:\n ``(2) Paragraph (1) shall not apply to a transfer of a charitable \ncontribution (as that term is defined in section 548(d)(3)) that is not \ncovered under section 548(a)(1)(B), by reason of section 548(a)(2).''.\n (c) Conforming Amendments.--Section 546 of title 11, United States \nCode, is amended--\n (1) in subsection (e)--\n (A) by striking ``548(a)(2)'' and inserting \n ``548(a)(1)(B)''; and\n (B) by striking ``548(a)(1)'' and inserting \n ``548(a)(1)(A)'';\n (2) in subsection (f)--\n (A) by striking ``548(a)(2)'' and inserting \n ``548(a)(1)(B)''; and\n (B) by striking ``548(a)(1)'' and inserting \n ``548(a)(1)(A)''; and\n (3) in subsection (g)--\n (A) by striking ``section 548(a)(1)'' each place it \n appears and inserting ``section 548(a)(1)(A)''; and\n (B) by striking ``548(a)(2)'' and inserting \n ``548(a)(1)(B)''.\n\nSEC. 4. TREATMENT OF POST-PETITION CHARITABLE CONTRIBUTIONS.\n\n (a) Confirmation of Plan.--Section 1325(b)(2)(A) of title 11, \nUnited States Code, is amended by inserting before the semicolon the \nfollowing: ``, including charitable contributions (that meet the \ndefinition of `charitable contribution' under section 548(d)(3)) to a \nqualified religious or charitable entity or organization (as that term \nis defined in section 548(d)(4)) in an amount not to exceed 15 percent \nof the gross income of the debtor for the year in which the \ncontributions are made''.\n (b) Dismissal.--Section 707(b) of title 11, United States Code, is \namended by adding at the end the following: ``In making a determination \nwhether to dismiss a case under this section, the court may not take \ninto consideration whether a debtor has made, or continues to make, \ncharitable contributions (that meet the definition of `charitable \ncontribution' under section 548(d)(3)) to any qualified religious or \ncharitable entity or organization (as that term is defined in section \n548(d)(4)).''.\n\nSEC. 5. APPLICABILITY.\n\n This Act and the amendments made by this Act shall apply to any \ncase brought under an applicable provision of title 11, United States \nCode, that is pending or commenced on or after the date of enactment of \nthis Act.\n\nSEC. 6. RULE OF CONSTRUCTION.\n\n Nothing in the amendments made by this Act is intended to limit the \napplicability of the Religious Freedom Restoration Act of 1993 (42 \nU.S.C. 2002bb et seq.).\n \n\n\n\n\n\n ","summary":"Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers. Excludes from disposable income, for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions. Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.","title":"Religious Liberty and Charitable Donation Protection Act of 1998","text_len":5364,"sum_len":888} {"bill_id":"108_s1329","text":"SECTION 1. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS.\n\n (a) Establishment of Program.--\n (1) Program requirements.--Chapter 201 of title 49, United \n States Code, is amended by adding at the end of subchapter II \n the following new section:\n``Sec. 20154. Capital grants for rail line relocation projects\n ``(a) Establishment of Program.--The Secretary of Transportation \nshall carry out a grant program to provide financial assistance for \nlocal rail line relocation projects.\n ``(b) Eligibility.--A State is eligible for a grant under this \nsection for any project for the improvement of the route or structure \nof a rail line passing through a municipality of the State that--\n ``(1) is carried out for the purpose of mitigating the \n adverse effects of rail traffic on safety, motor vehicle \n traffic flow, or economic development in the municipality;\n ``(2) involves a lateral or vertical relocation of any \n portion of the rail line within the municipality to avoid a \n closing of a grade crossing or the construction of a road \n underpass or overpass; and\n ``(3) meets the costs-benefits requirement set forth in \n subsection (c).\n ``(c) Costs-Benefits Requirement.--A grant may be awarded under \nthis section for a project for the relocation of a rail line only if \nthe benefits of the project for the period equal to the estimated \neconomic life of the relocated rail line exceed the costs of the \nproject for that period, as determined by the Secretary considering the \nfollowing factors:\n ``(1) The effects of the rail line and the rail traffic on \n motor vehicle and pedestrian traffic, safety, and area commerce \n if the rail line were not so relocated.\n ``(2) The effects of the rail line, relocated as proposed, \n on motor vehicle and pedestrian traffic, safety, and area \n commerce.\n ``(3) The effects of the rail line, relocated as proposed, \n on the freight and passenger rail operations on the rail line.\n ``(d) Considerations for Approval of Grant Applications.--In \naddition to considering the relationship of benefits to costs in \ndetermining whether to award a grant to an eligible State under this \nsection, the Secretary shall consider the following factors:\n ``(1) The capability of the State to fund the rail line \n relocation project without Federal grant funding.\n ``(2) The requirement and limitation relating to allocation \n of grant funds provided in subsection (e).\n ``(3) Equitable treatment of the various regions of the \n United States.\n ``(e) Allocation Requirements.--\n ``(1) Grants not greater than $20,000,000.--At least 50 \n percent of all grant funds awarded under this section out of \n funds appropriated for a fiscal year shall be provided as grant \n awards of not more than $20,000,000 each.\n ``(2) Limitation per project.--Not more than 25 percent of \n the total amount available for carrying out this section for a \n fiscal year may be provided for any one project in that fiscal \n year.\n ``(f) Federal Share.--The total amount of a grant awarded under \nthis section for a rail line relocation project shall be 90 percent of \nthe shared costs of the project, as determined under subsection (g)(4).\n ``(g) State Share.--\n ``(1) Percentage.--A State shall pay 10 percent of the \n shared costs of a project that is funded in part by a grant \n awarded under this section.\n ``(2) Forms of contributions.--The share required by \n paragraph (1) may be paid in cash or in kind.\n ``(3) In-kind contributions.--The in-kind contributions \n that are permitted to be counted under paragraph (2) for a \n project for a State are as follows:\n ``(A) A contribution of real property or tangible \n personal property (whether provided by the State or a \n person for the State).\n ``(B) A contribution of the services of employees \n of the State, calculated on the basis of costs incurred \n by the State for the pay and benefits of the employees, \n but excluding overhead and general administrative \n costs.\n ``(C) A payment of any costs that were incurred for \n the project before the filing of an application for a \n grant for the project under this section, and any in-\n kind contributions that were made for the project \n before the filing of the application, if and to the \n extent that the costs were incurred or in-kind \n contributions were made, as the case may be, to comply \n with a provision of a statute required to be satisfied \n in order to carry out the project.\n ``(4) Costs not shared.--\n ``(A) In general.--For the purposes of subsection \n (f) and this subsection, the shared costs of a project \n in a municipality do not include any cost that is \n defrayed with any funds or in-kind contribution that a \n source other than the municipality makes available for \n the use of the municipality without imposing at least \n one of the following conditions:\n ``(i) The condition that the municipality \n use the funds or contribution only for the \n project.\n ``(ii) The condition that the availability \n of the funds or contribution to the \n municipality is contingent on the execution of \n the project.\n ``(B) Determinations of the secretary.--The \n Secretary shall determine the amount of the costs, if \n any, that are not shared costs under this paragraph and \n the total amount of the shared costs. A determination \n of the Secretary shall be final.\n ``(h) Multistate Agreements To Combine Amounts.--Two or \n more States (not including political subdivisions of States) \n may, pursuant to an agreement entered into by the States, \n combine any part of the amounts provided through grants for a \n project under this section if--\n ``(1) the project will benefit each of the States \n entering into the agreement; and\n ``(2) the agreement is not a violation of a law of \n any such State.\n ``(i) Regulations.--The Secretary shall prescribe regulations for \ncarrying out this section.\n ``(j) State Defined.--In this section, the term `State' includes, \nexcept as otherwise specifically provided, a political subdivision of a \nState.\n ``(k) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary for use in carrying out this section \n$350,000,000 for each of the fiscal years 2004 through 2008.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by adding at the end the \n following new item:\n\n``20154. Capital grants for rail line relocation projects.''.\n (b) Regulations.--\n (1) Interim regulations.--Not later than October 1, 2003, \n the Secretary of Transportation shall issue temporary \n regulations to implement the grant program under section 20154 \n of title 49, United States Code, as added by subsection (a). \n Subchapter II of chapter 5 of title 5, United States Code, \n shall not apply to the issuance of a temporary regulation under \n this subsection or of any amendment of such a temporary \n regulation.\n (2) Final regulations.--Not later than April 1, 2004, the \n Secretary shall issue final regulations implementing the \n program.","summary":"Amends Federal transportation law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for 90 percent of the cost of local rail line relocation projects.","title":"A bill to amend title 49, United States Code, to require the Secretary of Transportation to carry out a grant program to provide financial assistance for local rail line relocations projects.","text_len":8210,"sum_len":213} {"bill_id":"113_hr5587","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Opioid Abuse Prevention and \nTreatment Act of 2014''.\n\nSEC. 2. PILOT PROJECT.\n\n (a) In General.--The Secretary of Health and Human Services \n(referred to in this Act as the ``Secretary'') shall award grants to \none or more States to carry out a 1-year pilot project to develop a \nstandardized peer review process and methodology to review and evaluate \nprescribing and pharmacy dispensing patterns, through a review of \nprescription drug monitoring programs (referred to in this section as \n``PDMP'') in the States receiving such grants.\n (b) Methodology.--The recipients of a grant under this section \nshall develop a systematic, standardized methodology to identify and \ninvestigate questionable or inappropriate prescribing and dispensing \npatterns of substances on schedule II or III under section 202 of the \nControlled Substances Act (21 U.S.C. 812). Such peer review methodology \nand prescribing and dispensing patterns shall be shared with the \nappropriate State regulators and health profession boards.\n (c) Requirements.--A State receiving a grant under this section--\n (1) with respect to controlled substances for which a \n prescriber is required to be registered with by the Drug \n Enforcement Administration in order to prescribe such \n controlled substances, shall make the information with respect \n to such controlled substances from the PDMP available to State \n regulators and licensing boards; and\n (2) with respect to any other controlled substances, may \n make the information with respect to such controlled substances \n from the PDMP available to State regulators and licensing \n boards.\n (d) Subgrantees.--A quality improvement organization with which the \nSecretary has entered into a contract under part B of title XI of the \nSocial Security Act (42 U.S.C. 1320c et seq.) may serve as the \nsubgrantee under this subsection to develop peer review processes as \ndescribed in subsection (a).\n\nSEC. 3. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED SUBSTANCE ABUSE \n PREVENTION.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g) is amended by adding at the end the following:\n\n``SEC. 399V-6. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED \n SUBSTANCE ABUSE PREVENTION.\n\n ``(a) Training Grants.--\n ``(1) In general.--The Secretary shall award 5-year grants \n to eligible entities to facilitate training in order to \n increase the capacity of health care providers to conduct \n patient screening, brief interventions, and referral to \n treatment as needed, such as in health care settings to prevent \n the abuse of prescription drugs, heroin, and other controlled \n substances. The grant program under this section may be \n coordinated with the Screening Brief Intervention and Referral \n to Treatment grant program of the Substance Abuse and Mental \n Health Services Administration, or other appropriate programs.\n ``(2) Eligible entities.--In this subsection, the term \n `eligible entity' includes--\n ``(A) States;\n ``(B) physician organizations;\n ``(C) continuing education entities, such as health \n profession boards or health accrediting bodies;\n ``(D) peer recovery organizations; and\n ``(E) other appropriate health or professional \n education organizations or institutions.\n ``(b) Expansion of Prescribing Authority.--The Secretary, acting \nthrough the Administrator of the Health Resources and Services \nAdministration, shall award grants to States for the purpose of \nevaluating the prospect of the health professions board of such States \nreviewing and expanding prescribing authorities of providers, such as \nadvance practice nurses and physician's assistants, with respect to \nprescribing drugs for the treatment of the abuse of prescription drugs, \nheroin, or other controlled substances.''.\n\nSEC. 4. PRESCRIPTION DRUG ABUSE TRAINING AND SCREENING PROGRAMS.\n\n (a) Continuing Education Grants.--The Secretary shall award grants \nto States to develop continuing education criteria and review processes \nthat allow State health profession boards or State agencies to certify \nappropriate education and training for informed and safe prescribing of \nopioids and other drugs listed on schedule II or III under section 202 \nof the Controlled Substances Act (21 U.S.C. 812).\n (b) Screening Program.--The Attorney General shall request that a \npractitioner registered under section 303(f) of the Controlled \nSubstances Act (21 U.S.C. 823(f)) conduct patient screening for \npotential drug misuse or abuse before prescribing a drug listed on \nschedule II or III under section 202 of the Controlled Substances Act \n(21 U.S.C. 812), according to standards established by the applicable \nState licensing body.\n\nSEC. 5. FDA REVIEW OF NALOXONE.\n\n The Secretary, acting through the Commissioner of Food and Drugs, \nshall conduct a review of naloxone to consider whether naloxone should \ncease to be subject to section 503(b) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 353(b)) and be available as an over-the-counter \ndrug, in order to increase access to such drug.\n\nSEC. 6. PRESCRIPTION DRUG DISPOSAL.\n\n The Secretary shall convene or coordinate with an existing entity \nan interagency working group--\n (1) to encourage States and local governments to increase \n opportunities for disposal of opiates, such as frequent ``take-\n back programs'' and fixed medicine disposal sites at law \n enforcement public buildings; and\n (2) to reduce opportunities for abuse of opiates, such as \n establishing opioid dispensing limits at hospital emergency \n departments.\n\nSEC. 7. GAO REPORT.\n\n The Comptroller General of the United States shall--\n (1) review opioid abuse programs, heroin abuse programs, \n and policies in Federal agencies and best practices with \n respect to opioid and heroin abuse and overdose programs of the \n States; and\n (2) not later than 18 months after the date of enactment of \n this Act, issue a report to Congress on its findings and \n recommendations on ways to reduce opioid and heroin abuse and \n overdoses.","summary":"Opioid Abuse Prevention and Treatment Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to award grants to states to develop a peer review process to identify and investigate questionable or inappropriate prescribing and dispensing patterns of drugs classified as schedule II or III under the Controlled Substances Act, which are drugs with an accepted medical use that have the potential to be abused and addictive. Amends the Public Health Service Act to require the Secretary to establish grant programs to: (1) facilitate training to increase the capacity of health care providers to screen and treat patients to prevent drug abuse, and (2) develop continuing education criteria that allow health profession boards or state agencies to certify appropriate education for safe prescribing of schedule II or III drugs. Requires the Administrator of the Health Resources and Services Administration to award grants to evaluate the prospect of state health professions boards expanding the authority of providers to prescribe drugs to treat drug abuse. Requires the Attorney General to request that practitioners registered to dispense controlled substances screen patients for potential drug abuse before prescribing a schedule II or III drug. Directs the Food and Drug Administration (FDA) to consider whether naloxone should be available without a prescription. Requires the Secretary to use an interagency working group to encourage states and local governments to increase opportunities for disposal of opiates and to reduce opportunities for abuse of opiates. Requires the Government Accountability Office (GAO) to review federal opioid abuse activities and make recommendations to reduce opioid abuse and overdoses.","title":"Opioid Abuse Prevention and Treatment Act of 2014","text_len":6522,"sum_len":1743} {"bill_id":"109_s1737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iranian Nuclear Trade Prohibition \nAct of 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Iran has pursued a nuclear program with assistance from \n foreign entities and foreign governments.\n (2) It is important that Iran not seek to develop nuclear \n weapons under the cover of a civilian nuclear power program.\n (3) The Government of Iran has asserted that its nuclear \n program is for peaceful purposes, however, that Government has \n supported terrorist organizations and uses harsh rhetoric \n towards allies of the United States in the Middle East, and the \n United States has expressed great concern with Iran's nuclear \n ambitions and has worked with United States allies to end \n Iran's nuclear program.\n (4) In October 2003, the Government of Iran promised it \n would suspend uranium enrichment activities, but broke that \n promise less than a year later.\n (5) In November 2004, the Government of Iran, in concert \n with talks with representatives of the Governments of Britain, \n France, and Germany (the ``EU-3'') agreed to suspend all \n uranium enrichment and reprocessing activities related to \n Iran's nuclear program under the terms of the agreement made \n between the Islamic Republic of Iran and France, Germany and \n the United Kingdom, with the support of the High Representative \n of the European Union (the ``Paris Agreement'').\n (6) The EU-3 agreed to support the United States in taking \n Iran's nuclear program to the United Nations Security Council \n if Iran resumed its nuclear activities.\n (7) In concert with the Paris Agreement, the President \n announced that the United States will drop its opposition to \n Iran's application to join the World Trade Organization and \n permit, on a case-by-case basis, the licensing of spare parts \n for Iranian commercial aircraft.\n (8) Iran's uranium enrichment program is likely to be \n dispersed throughout the country, protected in hardened \n infrastructure, and highly mobile.\n (9) The Parliament of Iran passed a nonbinding resolution \n insisting that the Government of Iran resume developing nuclear \n fuel.\n (10) That resolution stated that Iran should develop enough \n nuclear fuel to generate 20,000 megawatts of electricity.\n (11) In February 2005, the Atomic Energy Agency of Russia \n announced that Russia would ship nuclear fuel to Iran's \n Busheher nuclear reactor.\n (12) Russia pledged to provide fuel to this facility for 10 \n years and, under the commitment, Iran has pledged to return \n spent fuel to Russia for storage.\n (13) Russia remains the only major nuclear fuel market \n closed to outside competition and 100 percent of Russia's \n nuclear fuel industry is owned by the Government of Russia.\n (14) Iran is the fourth-largest oil producer in the world.\n (15) Iran has a wealth of natural gas and crude oil \n reserves and it is estimated that Iran plans to invest \n $104,000,000,000 by 2015 in natural gas production and that \n Iran plans to increase crude oil production to 7,000,000 \n barrels a day by 2020.\n\nSEC. 3. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE SPONSORS OF \n TERRORISM.\n\n It is the sense of Congress that the countries of the world should \nchoose between trading with state sponsors of terrorism or maintaining \ngood trade relations with the United States.\n\nSEC. 4. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES.\n\n The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is \namended by inserting after section 10 the following new section:\n\n``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES TO THE \n UNITED STATES.\n\n ``(a) In General.--Subject to subsection (b), the President shall \nprohibit the United States, or any entity of the United States, from \npurchasing nuclear fuel assemblies from any person or government \nentity, or any entity affiliated with such person or entity, that sells \nnuclear fuel assemblies to Iran.\n ``(b) Waiver.--The President may waive the prohibition in \nsubsection (a) if the President--\n ``(1) determines that the waiver is in the national \n security interest of the United States; and\n ``(2) at least 7 days before the waiver takes effect, \n notifies the required congressional committees of the \n President's intention to exercise the waiver.\n ``(c) Definitions.--In this section:\n ``(1) Nuclear fuel assemblies.--The term `nuclear fuel \n assemblies' does not include low-enriched uranium (LEU). For \n the purpose of the preceding sentence the term `low-enriched \n uranium' means a product produced using blended down weapons-\n grade and highly-enriched uranium (HEU) that is provided by the \n Russian entity Techsnabexport (also known as TENEX) in \n cooperation with the U.S. Enrichment Corporation, a subsidiary \n of USEC, Inc.\n ``(2) Required congressional committees.--The term \n `required congressional committees' means the Committee on \n Armed Services, the Committee on Finance, and the Committee on \n Foreign Relations of the Senate and the Committee on Armed \n Services, the Committee on International Relations, and the \n Committee on Ways and Means of the House of Representatives.''.","summary":"Iranian Nuclear Trade Prohibition Act of 2005 - Expresses the sense of Congress that countries should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. Amends the Iran and Libya Sanctions Act of 1996 to direct the President to prohibit the United States or any US entity from purchasing nuclear fuel assemblies from any person or government or affiliated entity that sells nuclear fuel assemblies to Iran. Authorizes the President, with congressional notification, to waive such prohibition for national security purposes.","title":"A bill to prohibit entities that provide nuclear fuel assemblies to Iran from providing such assemblies to the United States, and for other purposes.","text_len":5768,"sum_len":588} {"bill_id":"107_s371","text":"SECTION 1. CHILD OPPORTUNITY ZONE FAMILY CENTERS.\n\n Title X of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 8001 et seq.) is amended by adding at the end the following:\n\n ``Part L--Child Opportunity Zone Family Centers\n\n``SEC. 10995A. SHORT TITLE.\n\n ``This part may be cited as the `Child Opportunity Zone Family \nCenter Act of 2001'.\n\n``SEC. 10995B. PURPOSE.\n\n ``The purpose of this part is to encourage eligible partnerships to \nestablish or expand child opportunity zone family centers in public \nelementary schools and secondary schools in order to provide \ncomprehensive support services for children and their families, and to \nimprove the children's educational, health, mental health, and social \noutcomes.\n\n``SEC. 10995C. DEFINITIONS.\n\n ``In this part:\n ``(1) Child opportunity zone family center.--The term \n `child opportunity zone family center' means a school-based or \n school-linked community service center that provides and links \n children and their families with comprehensive information, \n support, services, and activities to improve the education, \n health, mental health, safety, and economic well-being of the \n children and their families.\n ``(2) Eligible partnership.--The term `eligible \n partnership' means a partnership--\n ``(A) that contains--\n ``(i) at least 1 public elementary school \n or secondary school that--\n ``(I) receives assistance under \n title I and for which a measure of \n poverty determination is made under \n section 1113(a)(5) with respect to a \n minimum of 40 percent of the children \n in the school; and\n ``(II) demonstrates parent \n involvement and parent support for the \n partnership's activities;\n ``(ii) a local educational agency;\n ``(iii) a public agency, other than a local \n educational agency, such as a local or State \n department of health, mental health, or social \n services; and\n ``(iv) a nonprofit community-based \n organization, providing health, mental health, \n or social services;\n ``(v) a local child care resource and \n referral agency; and\n ``(vi) a local organization representing \n parents; and\n ``(B) that may contain--\n ``(i) an institution of higher education; \n and\n ``(ii) other public or private nonprofit \n entities with experience in providing services \n to disadvantaged families.\n\n``SEC. 10995D. GRANTS AUTHORIZED.\n\n ``(a) In General.--The Secretary may award, on a competitive basis, \ngrants to eligible partnerships to pay for the Federal share of the \ncost of establishing and expanding child opportunity zone family \ncenters.\n ``(b) Duration.--The Secretary shall award grants under this \nsection for periods of 5 years.\n\n``SEC. 10995E. REQUIRED ACTIVITIES.\n\n ``Each eligible partnership receiving a grant under this part shall \nuse the grant funds--\n ``(1) in accordance with the needs assessment described in \n section 10995F(b)(1), to provide or link children and their \n families with information, support, activities, or services in \n core areas such as education, child care, before- and after-\n school care and enrichment programs, health services, mental \n health services, family support, nutrition, literacy services, \n parenting skills, and drop-out prevention;\n ``(2) to provide intensive, high-quality, research-based \n programs that--\n ``(A) provide violence prevention education for \n families and developmentally appropriate instructional \n services to children (including children below the age \n of compulsory school attendance); and\n ``(B) provide effective strategies for nurturing \n and supporting the emotional, social, and cognitive \n growth of children; and\n ``(3) to provide training, information, and support to \n families to enable the families to participate effectively in \n their children's education, and to help their children meet \n challenging standards, including assisting families to--\n ``(A) understand the applicable accountability \n systems, including State and local content standards, \n performance standards, and assessments, their \n children's educational performance in comparison to the \n standards, and the steps the school is taking to \n address the children's needs and to help the children \n meet the standards; and\n ``(B) communicate effectively with personnel \n responsible for providing educational services to the \n families' children, and to participate in the \n development and implementation of school-parent \n compacts, parent involvement policies, and school \n plans.\n\n``SEC. 10995F. APPLICATIONS.\n\n ``(a) In General.--Each eligible partnership desiring a grant under \nthis part shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n ``(b) Contents.--Each application submitted pursuant to subsection \n(a) shall--\n ``(1) include a needs assessment, including a description \n of how the partnership will ensure that the activities to be \n assisted under this part will be tailored to meet the specific \n needs of the children and families to be served;\n ``(2) describe arrangements that have been formalized \n between the participating public elementary school or secondary \n school, and other partnership members;\n ``(3) describe how the partnership will effectively \n coordinate with the centers under section 1118 and utilize \n Federal, State, and local sources of funding that provide \n assistance to families and their children;\n ``(4) describe the partnership's plan to--\n ``(A) develop and carry out the activities assisted \n under this part with extensive participation of \n parents, administrators, teachers, pupil services \n personnel, social and human service agencies, and \n community organizations and leaders; and\n ``(B) coordinate the activities assisted under this \n part with the education reform efforts of the \n participating public elementary school or secondary \n school, and the participating local educational agency;\n ``(5) describe how the partnership will ensure that \n underserved populations such as families of students with \n limited English proficiency, or families of students with \n disabilities, are effectively involved, informed, and assisted;\n ``(6) describe how the partnership will collect and analyze \n data, and will utilize specific performance measures and \n indicators to--\n ``(A) determine the impact of activities assisted \n under this part as described in section 10995I(a); and\n ``(B) improve the activities assisted under this \n part; and\n ``(7) describe how the partnership will protect the privacy \n of families and their children participating in the activities \n assisted under this part.\n\n``SEC. 10995G. FEDERAL SHARE.\n\n ``The Federal share of the cost of establishing and expanding child \nopportunity zone family centers--\n ``(1) for the first year for which an eligible partnership \n receives assistance under this part shall not exceed 90 \n percent;\n ``(2) for the second such year, shall not exceed 80 \n percent;\n ``(3) for the third such year, shall not exceed 70 percent;\n ``(4) for the fourth such year, shall not exceed 60 \n percent; and\n ``(5) for the fifth such year, shall not exceed 50 percent.\n\n``SEC. 10995H. FUNDING.\n\n ``(a) Continuation of Funding.--Each eligible partnership that \nreceives a grant under this part shall, after the third year for which \nthe partnership receives funds through the grant, be eligible to \ncontinue to receive the funds if the Secretary determines that the \npartnership has made significant progress in meeting the performance \nmeasures used for the partnership's local evaluation under section \n10995I(a).\n ``(b) Limitation on Use of Funds To Offset Other Programs.--\nNotwithstanding any other provision of law, none of the funds received \nunder a grant under this part may be used to pay for expenses related \nto any other Federal program, including treating such funds as an \noffset against such a Federal program.\n\n``SEC. 10995I. EVALUATIONS AND REPORTS.\n\n ``(a) Local Evaluations.--Each partnership receiving funds under \nthis part shall conduct annual evaluations and submit to the Secretary \nreports containing the results of the evaluations. The reports shall \ninclude the results of the partnership's performance assessment \neffectiveness in reaching and meeting the needs of families and \nchildren served under this part, including performance measures \ndemonstrating--\n ``(1) improvements in areas such as student achievement, \n family participation in schools, and access to health care, \n mental health care, child care, and family support services, \n resulting from activities assisted under this part; and\n ``(2) reductions in such areas as violence among youth, \n truancy, suspension, and dropout rates, resulting from \n activities assisted under this part.\n ``(b) National Evaluations.--The Secretary shall reserve not more \nthan 3 percent of the amount appropriated under this part to carry out \na national evaluation of the effectiveness of the activities assisted \nunder this part. Such evaluation shall be completed not later than 3 \nyears after the date of enactment of the Child Opportunity Zone Family \nCenter Act of 2001, and every year thereafter and shall be submitted to \nCongress.\n ``(c) Exemplary Activities.--The Secretary shall broadly \ndisseminate information on exemplary activities developed under this \npart.\n\n``SEC. 10995J. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \n$100,000,000 for fiscal year 2002, and such sums as may be necessary \nfor each of the fiscal years 2003 through 2005.''.","summary":"Child Opportunity Zone Family Center Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to provide for Child Opportunity Zone Family Centers . Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such centers.","title":"A bill to establish and expand child opportunity zone family centers in public elementary schools and secondary schools, and for there purposes.","text_len":11409,"sum_len":329} {"bill_id":"110_s2130","text":"SECTION 1. SENSE OF THE SENATE ON NEED FOR COMPREHENSIVE DIPLOMATIC \n OFFENSIVE TO HELP BROKER NATIONAL RECONCILIATION EFFORTS \n IN IRAQ.\n\n (a) Findings.--The Senate makes the following findings:\n (1) The men and women of the United States Armed Forces \n have performed with honor and distinction in executing \n Operation Iraqi Freedom and deserve the gratitude of the \n American people.\n (2) General David H. Petraeus, Commander of the \n Multinational Force-Iraq, stated on March 8, 2007, ``There is \n no military solution to a problem like that in Iraq.''.\n (3) President George W. Bush reiterated on July 12, 2007, \n that the United States troop surge implemented in 2007 ``seeks \n to open space for Iraq's political leaders to advance the \n difficult process of national reconciliation, which is \n essential to lasting security and stability''.\n (4) Greater involvement and diplomatic engagement by Iraq's \n neighbors and key international actors can help facilitate the \n national political reconciliation so essential to sustainable \n success in Iraq.\n (5) The United States troop surge carried out in 2007 has \n not, as of yet, been matched by a comparable diplomatic surge \n designed to ensure that Iraqi national leaders carry through on \n the process of national reconciliation.\n (6) The final report of the Iraq Study Group, released in \n December 2006, declared, ``The United States must build a new \n international consensus for stability in Iraq and the region. \n In order to foster such consensus, the United States should \n embark on a robust diplomatic effort to establish an \n international support structure intended to stabilize Iraq and \n ease tensions in other countries in the region. This support \n structure should include every country that has an interest in \n averting a chaotic Iraq, including all of Iraq's neighbors.''.\n (7) On August 10, 2007, the United Nations Security Council \n voted unanimously to expand the mandate of its mission in Iraq \n to assist the national government with political \n reconciliation, bring together Iraq's neighbors to discuss \n border security and energy access, and facilitate much needed \n humanitarian assistance.\n (8) The United States Ambassador to Iraq, the Honorable \n Ryan C. Crocker, asserted on September 11, 2007, in testimony \n before the Committee on Foreign Relations of the Senate, ``With \n respect, again, to [Iraq's] neighbors and others, that is \n exactly our intent to have a more intensive, positive, more \n regulated engagement between Iraq and its neighbors. . . . The \n United Nations is now positioned to play a more active and \n involved role.''.\n (9) General Petraeus said on September 11, 2007, in \n response to a question on the need for greater civilian \n activity in Iraq, ``I agree with the chairman of the Joint \n Chiefs of Staff who has said repeatedly that certain elements \n of our government are at war, DoD, State, AID, but not all of \n the others. . . . We can use help in those areas. Some of the \n areas are quite thin, agriculture, health, and some others.''.\n (10) The United States troop surge carried out in 2007 has \n not, as of yet, been matched by a comparable civilian surge \n designed to help the Government of Iraq strengthen its \n capabilities in providing essential government services.\n (b) Sense of the Senate.--It is the sense of the Senate that--\n (1) the United States Government should take the lead in \n organizing a comprehensive diplomatic offensive, consisting of \n bilateral, regional, and international initiatives, to assist \n the Government of Iraq in achieving national reconciliation and \n successfully meeting key security, political, and economic \n benchmarks;\n (2) it is in the interest of the United States and the \n people of Iraq that Iraq is not seen as a uniquely ``American'' \n problem, but rather as of enduring importance to the security \n and prosperity of its neighbors, the entire Middle East region, \n and the broader international community;\n (3) the greater involvement in a constructive fashion of \n Iraq's neighbors, whether through a regional conference or \n another mechanism, can help stabilize Iraq and end the outside \n flows of weapons, explosive materials, foreign fighters, and \n funding that contribute to the current sectarian warfare in \n Iraq;\n (4) the President and the Secretary of State should invest \n their personal time and energy in these diplomatic efforts to \n ensure that they receive the highest priority within the United \n States Government and are viewed as a serious effort in the \n region and elsewhere;\n (5) the President, in order to demonstrate that a regional \n diplomacy strategy enjoys attention at the highest levels of \n the United States Government, should appoint a seasoned, high-\n level Presidential envoy to the Middle East region to \n supplement the efforts of Ambassador Crocker and focus on the \n establishment of a regional framework to help stabilize Iraq;\n (6) the United States Government should build upon \n tentative progress achieved by the International Compact for \n Iraq and the Iraq Neighbors Conference to serve as the basis \n for a more intensive and sustained effort to construct an \n effective regional mechanism;\n (7) the President should direct the United States Permanent \n Representative to the United Nations to use the voice and vote \n of the United States at the United Nations to seek the \n appointment of an international mediator in Iraq, under the \n auspices of the United Nations Security Council, to engage \n political, religious, ethnic, and tribal leaders in Iraq to \n foster national reconciliation efforts;\n (8) the United States Government should begin planning for \n a wide-ranging dialogue on the mandate governing international \n support for Iraq when the current United Nations mandate \n authorizing the United States-led coalition expires at the end \n of 2007;\n (9) the United States Government should more directly press \n Iraq's neighbors to open fully operating embassies in Baghdad \n and establish inclusive diplomatic relations with the \n Government of Iraq to help ensure the Government is viewed as \n legitimate throughout the region;\n (10) the United States Government should strongly urge the \n governments of those countries that have previously pledged \n debt forgiveness and economic assistance to the Government of \n Iraq to fully carry through on their commitments on an \n expedited basis;\n (11) a key objective of any diplomatic offensive should be \n to ameliorate the suffering and deprivation of Iraqi refugees, \n both those displaced internally and those who have fled to \n neighboring countries, through coordinated humanitarian \n assistance and the development of a regional framework to \n establish long-term solutions to the future of displaced Iraqi \n citizens;\n (12) the United States Government should reallocate \n diplomats and Department of State funds as required to ensure \n that any comprehensive diplomatic offensive to stabilize Iraq \n on an urgent basis has the needed resources to succeed; and\n (13) the United States Government should reallocate \n civilian expertise to help governmental entities in Iraq \n strengthen their ability to provide essential government \n services to the people of Iraq.","summary":"Expresses the sense of the Senate on the need for a comprehensive diplomatic offensive to help broker national reconciliation efforts in Iraq and lay the foundation for the eventual redeployment of US combat forces.","title":"A bill to express the sense of the Senate on the need for a comprehensive diplomatic offensive to help broker national reconciliation efforts in Iraq and lay the foundation for the eventual redeployment of United States combat forces.","text_len":8256,"sum_len":215} {"bill_id":"114_hr6235","text":"SECTION 1. LAND TRANSFER.\n\n (a) In General.--Subject to subsection (d), the Secretary of the \nArmy shall transfer the land described in subsection (b) to the \nSecretary of the Interior to be held in trust for the benefit of the \nTribe, and subsection (c) to the State of North Dakota.\n (b) Standing Rock Land Transfer.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of the Army shall transfer \n the covered property to the Secretary of the Interior to be \n held in trust for the benefit of the Tribe.\n (2) Definitions.--In this subsection, the following \n definitions apply:\n (A) Covered property.--The term ``covered \n property'' means all the property--\n (i) within the exterior boundaries of the \n Reservation within the State of North Dakota;\n (ii) acquired by the United States for the \n Oahe Dam and Reservoir Project pursuant to \n Public Law 85-915 (72 Stat. 1762);\n (iii) located above the top of the \n exclusive flood pool of the Oahe Dam and \n Reservoir Project, as determined by the \n Secretary of the Army; and\n (iv) under the administrative control of \n the Corps of Engineers.\n (B) Reservation.--The term ``Reservation'' means \n the Standing Rock Indian Reservation.\n (C) Tribe.--The term ``Tribe'' means the Standing \n Rock Sioux Tribe of North and South Dakota.\n (c) Transfer of Property to North Dakota.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of the Army shall convey \n to the State of North Dakota all right, title, and interest of \n the United States in and to the covered property.\n (2) Definition of covered property.--In this subsection, \n the term ``covered property'' means all property--\n (A) in Burleigh County, Emmons County, or Morton \n County in the State of North Dakota;\n (B) acquired by the United States for the Oahe Dam \n and Reservoir Project pursuant to Public Law 85-915 (72 \n Stat. 1762);\n (C) located above the top of the exclusive flood \n pool of the Oahe Dam and Reservoir Project, as \n determined by the Secretary of the Army; and\n (D) under the administrative control of the Corps \n of Engineers.\n (d) Conditions of Transfer.--\n (1) Authorized purposes.--The transfer of land under this \n section shall not interfere with any of the authorized purposes \n of the Oahe Dam and Reservoir Project, any project of the Pick-\n Sloan Missouri River Basin Program, or any applicable law.\n (2) Definition of pick-sloan missouri river basin \n program.--For purposes of this subsection, the term ``Pick-\n Sloan Missouri River Basin Program'' means the Pick-Sloan \n Missouri River Basin Program (authorized by section 9 of the \n Flood Control Act of 1944) (58 Stat. 891, chapter 665).\n (3) Damage to land.--The United States shall not be \n responsible for any damage to the transferred land caused by \n flooding, sloughing, erosion, or any other change to the \n transferred land as a result of the operation of the Oahe Dam \n and Reservoir Project or any project of the Pick-Sloan Missouri \n River Basin Programs.\n (4) Retained rights.--The Secretary of the Army shall \n retain the right to inundate with water or cause erosion to the \n transferred lands, as necessary for the operation of the Oahe \n Dam and Reservoir Project or any project of the Pick-Sloan \n Missouri River Basin Programs.\n (5) Retained property interests.--Notwithstanding \n subsections (b) and (c), the Secretary of the Army shall retain \n any land, structures, easements or other property interests \n necessary to carry out authorized purposes of the Oahe Dam and \n Reservoir Project or any project of the Pick-Sloan Missouri \n River Basin Programs.\n (6) Other terms and conditions.--The transfer of land under \n this section shall be subject to any other term or condition \n that the Secretary of the Army determines to be appropriate to \n ensure the continued operation of the Oahe Dam and Reservoir or \n of any project of the Pick-Sloan Missouri River Basin Program.\n (7) Existing rights and interests.--Nothing in this Act \n deprives any person of any easement, leasehold, or other right \n of interest that, as of the date of enactment of this Act, the \n person may have in the land to be transferred.\n (e) Map.--\n (1) In general.--The Secretary of the Army shall prepare a \n map of the land transferred under this section.\n (2) Land.--The map shall identify--\n (A) land reasonably expected to be required for \n project purposes during the 20-year period beginning on \n the date of enactment of this Act; and\n (B) dams and related structure which will be \n retained by the Secretary of the Army.\n (3) Availability.--The map shall be on file in the \n appropriate offices of the Secretary.\n (f) Costs.--The Standing Rock Sioux Tribe shall be responsible for \nthe payment of all costs and administrative expenses associated with \nthe transfer authorized by subsection (b) and the State of North Dakota \nshall be responsible for the payment of all costs and administrative \nexpenses associated with the transfer authorized by subsection (c), \nincluding costs of survey compliance with the National Environmental \nPolicy Act of 1969 (42 U.S.C. 4321 et seq.) and any coordination \nnecessary with respect to requirements related to endangered species, \ncultural resources, and clean air.","summary":"This bill requires the US Army Corps of Engineers to transfer certain property within the exterior boundaries of the Standing Rock Indian Reservation within North Dakota that was acquired by the United States for the Oahe Dam and Reservoir Project to the Department of the Interior to be held in trust for the Standing Rock Sioux Tribe of North and South Dakota. The Corps of Engineers shall convey to North Dakota all right of the United States to certain property in Burleigh County, Emmons County, or Morton County in North Dakota that was acquired by the United States for such project and and that is located above the top of the exclusive flood pool of the project. The transfer of such land shall not interfere with any of the authorized purposes of such project, any project of the Pick-Sloan Missouri River Basin Program, or any applicable law. The Corps of Engineers shall retain: (1) the right to inundate with water or cause erosion to the transferred lands as necessary for the operation of such projects. And (2) any land, structures, easements or other property interests necessary to carry out such projects. The Tribe and North Dakota shall be responsible for the payment of costs and administrative expenses associated with the transfers and for any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.","title":"A bill to transfer certain land from the Secretary of the Army, and for other purposes.","text_len":6357,"sum_len":1385} {"bill_id":"106_hr4146","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Help Emergency Responders Operate \nAct''.\n\nSEC. 2. VOLUNTEER FIRE ASSISTANCE PROGRAM.\n\n There are authorized to be appropriated to the Secretary of \nAgriculture for carrying out section 10(b) (1) through (3) of the \nCooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(b) (1) \nthrough (3)), $10,000,000 for each of the fiscal years 2001 and 2002.\n\nSEC. 3. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND \n RESCUE SERVICES.\n\n Subtitle A of title VI of the Robert T. Stafford Disaster Relief \nand Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by \nadding at the end the following new section:\n\n``SEC. 616. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE \n AND RESCUE SERVICES.\n\n ``(a) In General.--The Director may, using amounts in the account \nestablished under subsection (i)(1), guarantee loans to volunteer fire \nand rescue agencies for the purposes described in subsection (b) for \nthe entire principal and interest on the loan.\n ``(b) Use of Amounts.--The proceeds of a loan guaranteed under this \nsection to a volunteer fire and rescue agency may be used only--\n ``(1) to purchase equipment necessary for proper \n performance of the duties of the agency, including fire \n fighting apparatus and equipment, ambulances and rescue \n vehicles, protective equipment and clothing, and training \n equipment;\n ``(2) to repair, rehabilitate, or otherwise improve \n existing facilities of the agency;\n ``(3) to carry out public education programs regarding fire \n prevention, life safety, and arson;\n ``(4) for enforcement of fire codes;\n ``(5) for carrying out and improving training programs \n regarding arson investigation, hazardous materials, and anti-\n terrorism; or\n ``(6) to develop or enhance safety programs for \n firefighters and rescue personnel.\n ``(c) Loan Terms.--A loan guaranteed under this section shall--\n ``(1) be made for a term not to exceed 20 years;\n ``(2) involve a rate of interest established by the \n Director that does not exceed the rate that is 2 percentage \n points below the then prevailing interest rate for loans of a \n similar nature, as determined by the Director;\n ``(3) involve a principal obligation not exceeding \n $200,000;\n ``(4) be subject to such requirements regarding security \n for repayment as the Director considers appropriate;\n ``(5) contain terms providing for the complete amortization \n of the loan principal that require periodic payments by the \n borrower not in excess of the capacity of the borrower to make \n such payments, as the Director considers appropriate; and\n ``(6) contain such other terms with respect to insurance, \n repairs, default reserves, delinquency charges, anticipation of \n maturity, additional and secondary liens, and other matters as \n the Director considers appropriate.\n ``(d) Guarantee Fee.--At the time of issuance of a loan guaranteed \nunder this section, the Director may collect from the lender of the \nloan a fee of 1 percent of the principal obligation of the loan.\n ``(e) Prohibition Against Assumption.--Notwithstanding the transfer \nof any property acquired with the proceeds of a loan under this \nsection, the borrower under the loan may not be relieved of liability \nwith respect to the loan.\n ``(f) Selection of Borrowers.--The Director shall establish and use \ncriteria for selection of applicants to receive loan guarantees under \nthis section, which shall--\n ``(1) provide for the Director to make loan guarantees for \n as many qualified applicants as is practicable, taking into \n consideration the aggregate limitations on the amount of \n guarantees under this section and the appropriate size of a \n loan necessary to allow an applicant to effectively carry out \n the activities for which the loan guaranteed under this section \n was made; and\n ``(2) in the case of a loan to be used for the purposes \n under paragraph (1) or (2) of subsection (b), take into \n consideration the extent to which--\n ``(A) the equipment, apparatus, or facilities to be \n replaced, repaired, or modified are outdated or unsafe; \n or\n ``(B) the demand for the services of the volunteer \n fire and rescue agency that is the borrower has \n increased during the 2-year period preceding the date \n of the application for the guarantee.\n ``(g) Payment of Guarantees.--The Director may take such actions as \nmay be necessary to provide for payment of guarantees under this \nsection and protection of the interests of the United States under such \nguarantees.\n ``(h) Definitions.--For purposes of this section:\n ``(1) Facility.--The term `facility' means a building that \n houses equipment or personnel used directly to provide fire and \n rescue services, not including administrative support services.\n ``(2) Volunteer fire and rescue agency.--The term \n `volunteer fire and rescue agency' includes volunteer fire \n companies, ambulance services, hazardous materials units, and \n rescue squads.\n ``(i) Funding and Account.--\n ``(1) Volunteer fire and rescue services loan account.--\n There is established in the Treasury of the United States an \n account for the purpose of providing loan guarantees under this \n section. The account shall be credited with any amounts \n appropriated to the account, any guarantee fees collected under \n subsection (d), and any other collections of the Director \n pursuant to this section. Amounts in the account shall be \n available, to the extent provided in appropriation Acts, for \n fulfilling obligations under loan guarantees made under this \n section and for carrying out all operations relating to making \n and payment of such guarantees, which shall include any \n administrative expenses relating to making such guarantees.\n ``(2) Authorization of appropriations.--There is authorized \n to be appropriated to the account under paragraph (1) \n $35,000,000 for each of the fiscal years 2001 and 2002 to cover \n the costs (as such term is defined in section 502 of the \n Congressional Budget Act of 1974) of loan guarantees provided \n under this section.''.\n\nSEC. 4. COUNTERTERRORISM TRAINING.\n\n Subtitle A of title VI of the Robert T. Stafford Disaster Relief \nand Emergency Assistance Act (42 U.S.C. 5196 et seq.), as amended by \nsection 3 of this Act, is further amended by adding at the end the \nfollowing new section:\n\n``SEC. 617. COUNTERTERRORISM TRAINING.\n\n ``There are authorized to be appropriated to the Director \n$20,000,000 for each of the fiscal years 2001 and 2002 to make grants \ndirectly to local fire and rescue services, including volunteer fire \ncompanies, ambulance services, hazardous materials units, and rescue \nsquads, for equipment, including interoperability radio equipment.''.\n\nSEC. 5. BURN GRANT PROGRAMS.\n\n (a) Establishment of Office.--The Director of the Federal Emergency \nManagement Agency shall establish an office in the Agency to establish \nspecific criteria of grant recipients and to administer grants under \nthis section.\n (b) Burn Prevention.--The Director may make grants, on a \ncompetitive basis, to safety organizations that have experience in \nconducting burn safety programs for the purpose of assisting those \norganizations in conducting burn prevention programs or augmenting \nexisting burn prevention programs.\n (c) Acute Burn Care.--The Director may make grants, on a \ncompetitive basis, to hospitals that serve as regional burn centers to \nconduct acute burn care research.\n (d) After-Burn Treatment and Counseling.--The Director may make \ngrants, on a competitive basis, to governmental and nongovernmental \nentities to provide after-burn treatment and counseling to individuals \nthat are burn victims.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Director for carrying out this section $10,000,000 \nfor each of the fiscal years 2001 and 2002.\n\nSEC. 6. FIRE AND EMERGENCY MEDICAL GRANTS PROGRAM.\n\n (a) Establishment.--The Director of the Federal Emergency \nManagement Agency shall establish a program to award grants to \nvolunteer, paid, and combined departments that provide fire and \nemergency medical services.\n (b) Authorized Uses.--Grants awarded under this section may be \nused--\n (1) to acquire personal protective equipment required for \n firefighting personnel by the Occupational Safety and Health \n Administration, and other personal protective equipment for \n firefighting personnel;\n (2) to acquire additional firefighting equipment, including \n equipment for communication and monitoring;\n (3) to establish wellness and fitness programs for \n firefighting personnel to reduce the number of injuries and \n deaths related to health and conditioning problems;\n (4) to promote professional development of fire code \n enforcement personnel;\n (5) to integrate computer technology to improve records \n management and training capabilities;\n (6) to train firefighting personnel in firefighting, \n emergency response, and arson prevention and detection;\n (7) to enforce fire codes;\n (8) to fund fire prevention programs and public education \n programs about arson prevention and detection, and juvenile \n fire setter intervention; and\n (9) to modify fire stations, fire training facilities, and \n other facilities to protect the health and safety of \n firefighting personnel.\n (c) Contents of Applications.--Applications for grants under this \nsection shall include--\n (1) a demonstration of financial need;\n (2) evidence of a commitment for at least an equal amount \n as the amount of the grant sought, to be provided by non-\n Federal sources;\n (3) a cost benefit analysis linking the funds to \n improvements in public safety; and\n (4) a commitment to provide information to the National \n Fire Incident Reporting System for the period for which the \n grant is received.\n (d) Audits.--Grant recipients under this section shall be subject \nto audits to ensure that the funds are spent for their intended \npurposes.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Director for carrying out this section $80,000,000 \nfor each of the fiscal years 2001 and 2002.\n\nSEC. 7. ALLOCATION OF ELECTROMAGNETIC SPECTRUM.\n\n Section 337 of the Communications Act of 1934 (47 U.S.C. 337) is \namended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by adding after subsection (e) the following new \n subsection:\n ``(f) Allocation for Interoperability Use by Public Safety \nEntities.--In addition to the allocations and assignments otherwise \nmade pursuant to this section, within 30 days after the date of the \nenactment of the Help Emergency Responders Operate Act, the Commission \nshall allocate the electromagnetic spectrum between 139 megahertz and \n140.5 megahertz, inclusive, and between 141.5 megahertz and 143 \nmegahertz, inclusive, to interoperability use by public safety \nservices.''.\n\nSEC. 8. SATELLITE SYSTEM.\n\n (a) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of the Interior for fiscal year 2001 for \nthe United States Geological Survey for the Hazard Support System, \n$15,000,000 for system improvements, and $4,000,000 for operation and \nmaintenance.\n (b) Study.--Not later than 9 months after the date of the enactment \nof this Act, the Secretary of the Interior shall transmit to the \nCongress a report on the results of a study, carried out in \nconsultation with the National Interagency Fire Center and State fire \nservices, of the best methods of disseminating data from the Hazard \nSupport System to State and local fire mitigation entities for real-\ntime fire detection.\n\nSEC. 9. ELIGIBILITY OF FIRE FIGHTING FACILITIES AND EQUIPMENT UNDER \n COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.\n\n (a) Eligible Activities.--Section 105(a) of the Housing and \nCommunity Development Act of 1974 (42 U.S.C. 5305(a)) is amended--\n (1) in paragraph (23), by striking the period at the end \n and inserting a semicolon; and\n (2) by inserting after paragraph (23) the following new \n paragraph:\n ``(24) provision of assistance to local fire fighting, \n emergency medical, or rescue units serving low-income \n communities for--\n ``(A) acquisition, repair, or rehabilitation of \n equipment (including any accessory, communications, or \n protective equipment) or vehicles for fire fighting, \n emergency medical, or rescue services,\n ``(B) construction, acquisition, rehabilitation, or \n improvement of facilities for local fire fighting, \n emergency medical, or rescue services, or\n ``(C) training or planning involved in providing \n fire fighting, emergency medical, or rescue services; \n and''.\n (b) Use for Low- and Moderate-Income Areas.--Section 105(c) of the \nHousing and Community Development Act of 1974 (42 U.S.C. 5305(c)) is \namended by adding at the end the following new paragraph:\n ``(5) An assisted activity described in subsection (a)(24) shall be \nconsidered to benefit persons of low and moderate income if the service \nprovides such services to low- and moderate-income persons.''.","summary":"Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow the Director of the Federal Emergency Management Agency (FEMA), using amounts in an account for the purpose of providing loan guarantees , to guarantee loans to volunteer fire and rescue agencies for the entire principal and interest on the loan for specified volunteer fire and rescue services, including to purchase equipment necessary for proper performance of the agency's duties, to repair, rehabilitate, or otherwise improve the agency's existing facilities, and for carrying out public education programs regarding fire prevention, life safety, and arson. Sets forth loan terms and conditions. Authorizes appropriations. Authorizes appropriations to the Director for FY 2001 and 2002 for making grants directly to local fire and rescue services for equipment, including interoperability radio equipment. Authorizes the Director to make grants on a competitive basis to: (1) safety organizations that have experience in conducting burn safety programs for assisting those organizations in conducting such programs or augmenting existing burn prevention programs. (2) hospitals that serve as regional burn centers to conduct acute burn research. And (3) governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims. Creates an office in FEMA to establish specific criteria of grant recipients and to administer such grants. Authorizes appropriations. Requires the Director to establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services. Permits such grants to be used, among other things, to: (1) acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel. (2) acquire additional firefighting equipment, including equipment for communication and monitoring. (3) establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems, (4) promote professional development of fire code enforcement personnel. (5) integrate computer technology to improve records management and training capabilities. (6) fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention. And (7) modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. Provides for grant recipients to be subject to audits to ensure that the funds are spent for their intended purposes. Authorizes appropriations. Amends the Communications Act of 1934 to direct the Federal Communications Commission, in addition to the allocations and assignments otherwise made with respect to new public safety services licenses and commercial licenses, within 30 days after the date of the enactment of this Act, to allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services. Authorizes appropriations to the Secretary of the Interior for FY 2001 for the US Geological Survey for the Hazard Support System for system improvements and for operation and maintenance. Directs such Secretary to transmit to Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from such System to State and local fire mitigation entities for realtime fire detection. Amends the Housing and Community Development Act of 1974 to include as activities eligible for assistance under the community development block grant program the provision of assistance to local firefighting, emergency medical, or rescue units serving low-income communities for: (1) acquisition, repair, or rehabilitation of equipment or vehicles for firefighting, emergency medical, or rescue services. (2) construction, acquisition, rehabilitation, or improvement of facilities for local firefighting, emergency medical, or rescue services. Or (3) training or planning involved in providing fire fighting, emergency medical, or rescue services. States that such an assisted activity shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons.","title":"Help Emergency Responders Operate Act","text_len":14309,"sum_len":4580} {"bill_id":"113_s911","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Transportation Safety Fund \nAct''.\n\n TITLE I--ESTABLISHMENT AND FUNDING\n\nSEC. 101. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO \n REINVEST FOREIGN EARNINGS IN THE UNITED STATES.\n\n (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1) \nof section 965 of the Internal Revenue Code of 1986 is amended by \nstriking ``85 percent'' and inserting ``85.7 percent''.\n (b) Permanent Extension To Elect Repatriation.--Subsection (f) of \nsection 965 of the Internal Revenue Code of 1986 is amended to read as \nfollows:\n ``(f) Election.--The taxpayer may elect to apply this section to \nany taxable year only if made on or before the due date (including \nextensions) for filing the return of tax for such taxable year.''.\n (c) Repatriation Includes Current and Accumulated Foreign \nEarnings.--\n (1) In general.--Paragraph (1) of section 965(b) of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(1) In general.--The amount of dividends taken into \n account under subsection (a) shall not exceed the sum of the \n current and accumulated earnings and profits described in \n section 959(c)(3) for the year a deduction is claimed under \n subsection (a), without diminution by reason of any \n distributions made during the election year, for all controlled \n foreign corporations of the United States shareholder.''.\n (2) Conforming amendments.--\n (A) Section 965(b) of such Code is amended by \n striking paragraphs (2) and (4) and by redesignating \n paragraph (3) as paragraph (2).\n (B) Section 965(c) of such Code is amended by \n striking paragraphs (1) and (2) and by redesignating \n paragraphs (3), (4), and (5) as paragraphs (1), (2), \n and (3), respectively.\n (C) Paragraph (3) of section 965(c) of such Code, \n as redesignated by subparagraph (B), is amended to read \n as follows:\n ``(3) Controlled groups.--All United States shareholders \n which are members of an affiliated group filing a consolidated \n return under section 1501 shall be treated as one United States \n shareholder.''.\n (d) Clerical Amendments.--\n (1) The heading for section 965 of the Internal Revenue \n Code of 1986 is amended by striking ``temporary''.\n (2) The table of sections for subpart F of part III of \n subchapter N of chapter 1 of such Code is amended by striking \n ``Temporary dividends'' and inserting ``Dividends''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\nSEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND.\n\n (a) In General.--There is established in the Treasury of the United \nStates a trust fund to be known as the ``Emergency Transportation \nSafety Fund''.\n (b) Transfers to Emergency Transportation Safety Fund.--\n (1) In general.--There are hereby appropriated to the \n Emergency Transportation Safety Fund amounts equivalent to 50 \n percent of the excess of--\n (A) the taxes received in the United States \n Treasury which are attributable to eligible 965 \n dividends received by corporations which are United \n States shareholders, over\n (B) the amount of the foreign tax credit allowed \n under section 901 of the Internal Revenue Code of 1986 \n which is attributable to the non-deductible portion of \n such eligible 965 dividends.\n (2) Definitions.--For purposes of this subsection--\n (A) Eligible 965 dividend.--The term ``eligible 965 \n dividend'' means any amount received from a controlled \n foreign corporation for which a deduction is allowed \n under section 965 of the Internal Revenue Code of 1986, \n as determined based on estimates made by the Secretary \n of the Treasury, or the Secretary's delegate.\n (B) Non-deductible portion.--The term ``non-\n deductible portion'' means the excess of the amount of \n any eligible 965 dividend over the deductible portion \n (as defined in section 965(d)(3) of the Internal \n Revenue Code of 1986) of such amount.\n (c) Emergency Relief Expenditures.--Section 125(c) of title 23, \nUnited States Code, is amended by adding at the end the following:\n ``(3) Emergency transportation safety fund.--Amounts \n deposited into the Emergency Transportation Safety Fund \n established under section 102(a) of the Emergency \n Transportation Safety Fund Act are authorized to be obligated \n to carry out, in priority order, the projects on the current \n list compiled by the Secretary under section 201(b)(1) of such \n Act that meet the eligibility requirements set forth in \n subsection (a).''.\n\n TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST\n\nSEC. 201. EMERGENCY TRANSPORTATION PRIORITIES.\n\n (a) List.--The Secretary of Transportation, in consultation with a \nrepresentative sample of State and local government transportation \nofficials, shall compile a prioritized list of emergency transportation \nprojects, which will guide the allocation of funding to the States from \nthe Emergency Transportation Safety Fund.\n (b) Criteria.--In compiling the list under subsection (a), the \nSecretary of Transportation, in addition to other criteria established \nby the Secretary, shall rank priorities in descending order, beginning \nwith--\n (1) whether the project is part of the interstate highway \n system;\n (2) whether the project is a road or bridge that is closed \n for safety reasons;\n (3) the impact of the project on interstate commerce;\n (4) the volume of traffic affected by the project; and\n (5) the overall value of the project or entity.\n (c) Report.--Not later than 120 days after the date of the \nenactment of this Act, the Secretary of Transportation shall submit a \nreport to Congress that includes--\n (1) a prioritized list of emergency transportation projects \n to be funded through the Emergency Transportation Safety Fund; \n and\n (2) a description of the criteria used to establish the \n list referred to in paragraph (1).\n (d) Quarterly Updates.--Not less frequently than 4 times per year, \nthe Secretary of Transportation shall--\n (1) update the report submitted pursuant to subsection (c);\n (2) send a copy of the report to Congress; and\n (3) make a copy of the report available to the public \n through the Department of Transportation's website.","summary":"Emergency Transportation Safety Fund Act - Amends the Internal Revenue Code to reduce the tax rate on current and accumulated foreign earnings of US corporations reinvested in the United States and make such lower rate permanent. Establishes the Emergency Transportation Safety Fund and makes appropriations to it. 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.","title":"Emergency Transportation Safety Fund Act","text_len":7167,"sum_len":491} {"bill_id":"111_s1544","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pension Benefit Guaranty Corporation \nGovernance Improvement Act of 2009''.\n\nSEC. 2. BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY CORPORATION.\n\n (a) In General.--Section 4002(d) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1302(d)) is amended to read as follows:\n ``(d)(1) The board of directors of the corporation consists of--\n ``(A) the Secretary of the Treasury, the Secretary of \n Labor, and the Secretary of Commerce;\n ``(B) a member that is a representative of employers \n offering defined benefit plans;\n ``(C) a member that is a representative of organized labor \n and employees; and\n ``(D) 2 other members.\n ``(2)(A) The members of the board of directors described under \nsubparagraphs (B) through (D) of paragraph (1)--\n ``(i) shall be appointed by the President by and \n with the advice and consent of the Senate--\n ``(I) at the beginning of the second year \n of the President's term of office, with respect \n to such members described under subparagraphs \n (B) and (C) of paragraph (1); and\n ``(II) at the beginning of the fourth year \n of the President's term of office, with respect \n to such members described under subparagraph \n (D) of paragraph (1); and\n ``(ii) shall serve for a term of 4 years.\n ``(B) Not more than 2 members of the board of directors \n described under subparagraphs (B) through (D) of paragraph (1) \n shall be affiliated with the same political party.\n ``(C) Each member of the board of directors described under \n subparagraphs (B) through (D) of paragraph (1) shall not have a \n direct financial interest in the decisions of the corporation.\n ``(3) Each member of the board of directors described under \nsubparagraph (A) of paragraph (1) shall designate in writing an \nofficial, not below the level of Assistant Secretary, to serve as the \nvoting representative of such member on the board. Such designation \nshall be effective until revoked or until a date or event specified \ntherein. Any such representative may refer for board action any matter \nunder consideration by the designating board member.\n ``(4) The members of the board of directors described under--\n ``(A) subparagraph (A) of paragraph (1), shall serve \n without compensation, but shall be reimbursed for travel, \n subsistence, and other necessary expenses incurred in the \n performance of their duties as members of the board; and\n ``(B) subparagraphs (B) through (D) of paragraph (1) shall, \n for each day (including traveltime) during which they are \n attending meetings or conferences of the board or otherwise \n engaged in the business of the board, be compensated at a rate \n fixed by the corporation which is not in excess of the daily \n equivalent of the annual rate of basic pay in effect for grade \n GS-18 of the General Schedule, and while away from their homes \n or regular places of business they may be allowed travel \n expenses, including per diem in lieu of subsistence, as \n authorized by section 5703 of title 5, United States Code.\n ``(5)(A) The Secretary of Labor is the chairman of the board of \ndirectors.\n ``(B) The President shall designate 1 of the members appointed \nunder paragraph (2) as the vice-chairman of the board of directors.\n ``(6) The Inspector General of the corporation shall report to the \nboard of directors, and not less than twice a year, shall attend a \nmeeting of the board of directors to provide a report on the activities \nand findings of the Inspector General, including with respect to \nmonitoring and review of the operations of the corporation.\n ``(7) The General Counsel of the corporation shall--\n ``(A) serve as the secretary to the board of directors, and \n shall advise such board as needed; and\n ``(B) have overall responsibility for all legal matters \n affecting the corporation and provide the corporation with \n legal advice and opinions on all matters of law affecting the \n corporation, except that the authority of the General Counsel \n shall not extend to the Office of Inspector General and the \n independent legal counsel of such Office.\n ``(8) Notwithstanding any other provision of this Act, the Office \nof Inspector General and the legal counsel of such Office is \nindependent of the management of the corporation and the General \nCounsel of the corporation.''.\n (b) Number of Meetings; Public Availability.--Section 4002(e) of \nthe Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(e)) \nis amended--\n (1) by striking ``The board'' and inserting ``(1) The \n board'';\n (2) by striking ``the corporation.'' and inserting ``the \n corporation, but in no case less than 4 times a year with a \n quorum of not less than 5 members. Not less than 1 meeting of \n the board of directors during each year shall be a joint \n meeting with the advisory committee under subsection (h).''; \n and\n (3) by adding at the end the following:\n ``(2) The chairman of the board of directors shall make available \nto the public the minutes from each meeting of the board, unless the \nchairman designates a meeting or portion of a meeting as closed to the \npublic, based on the confidentiality of the matters to be discussed \nduring such meeting.''.\n (c) Advisory Committee.--\n (1) Issues considered by the committee.--Section 4002(h)(1) \n of the Employee Retirement Income Security Act of 1974 (29 \n U.S.C. 1302(h)(1)) is amended--\n (A) by striking ``, and (D)'' and inserting ``, \n (D)''; and\n (B) by striking ``time to time.'' and inserting \n ``time to time, and (E) other issues as determined \n appropriate by the advisory committee.''.\n (2) Joint meeting.--Section 4002(h)(3) of the Employee \n Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(3)) \n is amended by adding at the end the following: ``Not less than \n 1 meeting of the advisory committee during each year shall be a \n joint meeting with the board of directors under subsection \n (e).''.\n\nSEC. 3. AVOIDING CONFLICTS OF INTEREST.\n\n Section 4002 of the Employee Retirement Income Security Act of 1974 \n(29 U.S.C. 1302) is amended by adding at the end the following:\n ``(j) The Director of the corporation, and each member of the board \nof directors described under subparagraphs (B) through (D) of \nsubsection (d)(1), shall agree in writing to recuse him or herself from \nparticipation in activities which present a potential conflict of \ninterest or appearance of such conflict, including by not serving on a \ntechnical evaluation panel.''.\n\nSEC. 4. SENSE OF CONGRESS.\n\n (a) Formation of Committees.--It is the sense of Congress that the \nboard of directors of the Pension Benefit Guaranty Corporation \nestablished under section 4002 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1302), as amended by this Act, should \nform committees, including an audit committee and an investment \ncommittee, to enhance the overall effectiveness of the board of \ndirectors.\n (b) Risk Management Position.--It is the sense of Congress that the \nPension Benefit Guaranty Corporation established under section 4002 of \nthe Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), \nas amended by this Act, should establish a risk management position \nthat evaluates and mitigates the risk that the corporation might \nexperience. The individual in such position should coordinate the risk \nmanagement efforts of the corporation, explain risks and controls to \nsenior management and the board of directors of the corporation, and \nmake recommendations.","summary":"Pension Benefit Guaranty Corporation Governance Improvement Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements regarding the composition and duties of members of the board of directors of the Pension Benefit Guaranty Corporation (PBGC). Requires: (1) the board to meet at least four times a year with a quorum of at least five members. And (2) board minutes be made public. Requires the advisory committee to the PBGC to meet jointly with the board at least one time each year. Requires the Director and members of the board of the PBGC to agree in writing to recuse themselves from participation in activities which potentially could be a conflict of interest. Expresses the sense of Congress that: (1) the board should form committees, including an audit committee and an investment committee, to enhance the PBGC board's overall effectiveness. And (2) the PBGC should establish a risk management position that evaluates and mitigates risk it might experience.","title":"A bill to amend the Employee Retirement Income Security Act of 1974 with respect to the composition of the board of directors of the Pension Benefit Guaranty Corporation, and for other purposes.","text_len":8299,"sum_len":1015} {"bill_id":"108_hr4919","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Medicare Drug Card \nGuaranteed Savings Act''.\n (b) Findings.--Congress finds the following:\n (1) Americans who buy their own prescription drugs often \n pay twice as much for prescription drugs as consumers in \n foreign nations or as the price the Department of Veterans \n Affairs obtains by negotiating directly with the pharmaceutical \n manufacturers. In some cases, older Americans pay 10 times more \n for prescription drugs than such customers. Prescription drug \n prices have increased 3.4 percent during the first quarter of \n 2004, nearly three times the rate of inflation.\n (2) The Medicare Prescription Drug, Improvement, and \n Modernization Act of 2003 (Public Law No: 108-173) established \n a program for the endorsement of medicare drug discount card \n programs in order to provide for reduced prices for drugs for \n medicare beneficiaries and provide a subsidy for low-income \n medicare beneficiaries.\n (3) There are currently more than 70 endorsed medicare drug \n discount card programs. Medicare drug discount card programs \n can change the drugs that they offer and the size of the \n discounts every seven days. Medicare beneficiaries are allowed \n to change their current medicare drug discount card program \n only once, during an annual enrollment period between November \n 15 and December 31, 2004.\n (4) Enrollment in medicare drug discount card programs has \n been less than projected due to the complexity of the programs, \n the limited number of drugs covered under most programs, the \n changing prescription drug needs of beneficiaries, and \n beneficiaries' concern that the programs do not guarantee real \n savings on prescription drug purchases. As of July 19, 2004, \n fewer than 14 percent of low-income medicare beneficiaries who \n qualify for the $600 subsidy under the law have enrolled in a \n medicare drug discount card program.\n (5) Currently, medicare discount drug card sponsors are \n required to pass on to enrollees only an undefined ``share'' of \n the rebates they secure from drug manufacturers and card \n sponsors can use the remaining savings for administrative costs \n and profit. The law does not require the sponsors to reveal to \n enrollees the size of the rebates secured from drug \n manufacturers or to disclose what portion of those rebates are \n kept by the sponsors and not passed on to enrollees.\n (6) There is a need for a Federal national medicare \n prescription drug discount card program that offers guaranteed \n discounts on all prescription drugs and that aggregates the \n buying power of all medicare beneficiaries in order to \n negotiate significant reductions in price.\n\nSEC. 2. OFFERING OF FEDERAL NATIONAL PRESCRIPTION DRUG DISCOUNT CARD \n PROGRAM.\n\n (a) Offering of Program.--\n (1) In general.--Subsection (a)(1) of section 1860D-31 of \n the Social Security Act (42 U.S.C. 1395w-141) is amended--\n (A) by striking ``and'' at the end of subparagraph \n (A);\n (B) by striking the period at the end of \n subparagraph (B) and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(C) to provide for the offering of a Federal \n national prescription drug discount card program that \n is available for discount card eligible individuals \n throughout the United States (including the \n territories) and that meets the requirements under \n subsection (l)(1) in addition to the requirements \n otherwise applicable to an endorsed discount card \n program.''.\n (2) Exclusive program in 2005.--Subsection (c)(1)(C) of \n such section is amended--\n (A) in clause (i), by striking ``clauses (ii) and \n (iii)'' and inserting ``clauses (ii) through (iv)''; \n and\n (B) by adding at the end the following new clause:\n ``(iv) Limitation to enrollment in federal \n national prescription drug discount card \n program in 2005.--Notwithstanding any other \n provision of this section, for periods \n beginning with January 1, 2005, the only \n discount card program in which an individual \n may be enrolled under this section shall be the \n Federal national prescription drug discount \n card program described in subsection (l). \n Individuals enrolled in another program as of \n December 31, 2004, who do not affirmatively \n disenroll from all discount card programs under \n this section are deemed to be enrolled in such \n Federal national prescription drug discount \n card program.''.\n (b) Additional Program Requirements.--Such section is further \namended by adding at the end the following new subsection:\n ``(l) Provisions Relating to Federal National Prescription Drug \nDiscount Card Program.--\n ``(1) Additional requirements.--The Federal national \n prescription drug discount card program described in subsection \n (a)(1)(C) shall also meet the following requirements:\n ``(A) Discounted prices.--Through direct \n negotiations with prescription drug manufacturers, the \n discounted prices offered under the program shall be \n less than prices otherwise available in the retail \n market. Through such negotiations, the Secretary shall \n obtain discounted prices that are at least as low as \n the manufacturer's average foreign price (as defined in \n paragraph (3)) for the drug involved.\n ``(B) Passing through all savings.--The full amount \n of discounted savings are passed through to enrollees.\n ``(C) Fee for card.--The annual fee for enrollment \n in the program shall be $30 (except as provided under \n subparagraphs (E) through (G) of subsection (c)(1)), \n which fees shall be available to the Secretary for \n administrative expenses in offering such program.\n ``(D) National availability.--The program shall be \n made available to individuals residing anyplace in the \n United States.\n ``(E) Handling fee for pharmacists.--The program \n shall be designed to provide for a reasonable handling \n fee for pharmacists in connection with the provision of \n drugs obtained under the program and shall be \n approximately equal to the average handling fee for \n pharmacists of other large insurance plans that \n administer drug benefits.\n ``(2) Oversight.--The oversight authority of the Secretary \n under subsection (i)(2) with respect to such Federal national \n prescription drug discount card program shall be exercised by \n the Inspector General of the Department of Health and Human \n Services.\n ``(3) Average foreign price defined.--\n ``(A) In general.--For purposes of this subsection, \n the term `average foreign price' means, with respect to \n a covered discount card drug, the average price that \n the manufacturer of the drug realizes on the sale of \n drugs with the same active ingredient or ingredients \n that are consumed in Canada, France, Germany, Italy, \n Japan, and the United Kingdom, taking into account--\n ``(i) any rebate, contract term or \n condition, or other arrangement (whether with \n the purchaser or other persons) that has the \n effect of reducing the amount realized by the \n manufacturer on the sale of the drugs;\n ``(ii) adjustments for any differences in \n dosage, formulation, or other relevant \n characteristics of the drugs; and\n ``(iii) any other contract or side \n agreement that has the effect of adjusting the \n effective price of the drug, including \n agreements to purchase non-drug products.\n ``(B) Exempt transactions.--The Secretary may, by \n regulation, exempt from the calculation of the average \n foreign price of a drug those prices realized by a \n manufacturer in transactions that are entered into for \n charitable purposes, for research purposes, or under \n other unusual circumstances, if the Secretary \n determines that the exemption is in the public interest \n and is consistent with the purposes of this section.''.\n (c) Conforming Amendments.--Such section is further amended--\n (1) in subsection (h)(1)(A), by adding after and below \n clause (v) the following new sentence:\n ``Such term also includes the Secretary with respect to \n the offering of the Federal national prescription drug \n discount card program described in subsection \n (a)(1)(C).'';\n (2) in subsection (h)(2)(A), by adding at the end the \n following: ``The Secretary shall establish a separate procedure \n for the qualification of the Federal national prescription drug \n discount card program described in subsection (a)(1)(C).''; and\n (3) in subsection (k)(6), by inserting before the period at \n the end the following: ``, except in the case of the Federal \n national prescription drug discount card program described in \n subsection (a)(1)(C)''.\n (d) Implementation.--\n (1) Availability of funds.--Notwithstanding any other \n provision of law, funds provided under section 1015 of the \n Medicare Prescription Drug, Improvement, and Modernization Act \n of 2003 (Public Law 108-173) shall be available to the \n Secretary of Health and Human Services for reasonable \n administrative costs in offering the Federal national \n prescription drug discount card program described in section \n 1860D-31(a)(1)(C) of the Social Security Act, as added by \n subsection (a).\n (2) Timely implementation.--The Secretary shall take such \n steps as may be required to provide for the offering of such \n program during the annual open enrollment period occurring in \n November, 2004.","summary":"Medicare Drug Card Guaranteed Savings Act - Amends part D of title XVIII (Medicare) of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program. Charges a $30 fee for the card under the program. Provides for direct negotiations by the Secretary of Health and Human Services with prescription drug manufacturers to obtain discount prices that are to be less than prices otherwise available in the retail market. Provides that: (1) for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled shall be the Federal national prescription drug discount card program. And (2) individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs are deemed to be enrolled in such Federal national prescription drug discount card program.","title":"To amend part D of title XVIII of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program.","text_len":11521,"sum_len":903} {"bill_id":"111_hr3640","text":"SECTION 1. HOMEBUYER CREDIT ALLOWED FOR ANY PURCHASE OF PRINCIPAL \n RESIDENCE.\n\n (a) In General.--Subsection (a) of section 36 of the Internal \nRevenue Code of 1986 is amended by striking ``who is a first-time \nhomebuyer of a principal residence'' and inserting ``who purchases a \nprincipal residence''.\n (b) Application to Only 1 Sale.--Subsection (b) of section 36 of \nsuch Code is amended by adding at the end the following new paragraph:\n ``(3) Application to only 1 sale.--\n ``(A) In general.--Subsection (a) shall not apply \n to more than 1 sale or exchange of a principal \n residence by the individual.\n ``(B) Special rule for joint returns.--In the case \n of a joint return with respect to the sale or exchange \n of a principal residence, if a credit was allowable \n under subsection (a) to a spouse for a prior sale or \n exchange of a principal residence, paragraph (1) shall \n be applied by reducing the $8,000 in subparagraph (A) \n thereof and the $4,000 in subparagraph (B) thereof by \n the credit so allowable (one-half of such credit in the \n case of a joint return).''.\n (c) Conforming Amendments.--\n (1) Subsection (c) of section 36 of such Code is amended by \n striking paragraph (1) (defining first-time homebuyer) and by \n redesignating paragraphs (2), (3), (4), and (5) as paragraphs \n (1), (2), (3), and (4), respectively.\n (2) The heading for section 36 of such Code is amended by \n striking ``First-time''.\n (3) The item in the table of sections for subpart C of part \n IV of subchapter A of chapter 1 of such Code relating to \n section 36 is amended to read as follows:\n\n``Sec. Homebuyer credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to residences purchased after the date of the enactment of this \nAct.\n\nSEC. 2. 1-YEAR EXTENSION OF HOMEBUYER CREDIT.\n\n (a) In General.--Subsection (h) of section 36 of the Internal \nRevenue Code is amended by striking ``December 1, 2009'' and inserting \n``December 1, 2010''.\n (b) Extension of Waiver of Recapture.--Subparagraph (D) of section \n36(f)(4) of such Code is amended--\n (1) by striking ``December 1, 2009'' and inserting \n ``December 1, 2010'', and\n (2) in the heading by striking ``for purchases in 2009'' \n and inserting ``certain purchases''.\n (c) Election To Treat Purchase in Prior Year.--Subsection (g) of \nsuch Code is amended to read as follows:\n ``(g) Election To Treat Purchase in Prior Year.--For purposes of \nthis section (other than subsections (c) and (f)(4)(D)), a taxpayer may \nelect to treat a purchase of a principal residence--\n ``(1) after December 31, 2008, and before January 1, 2010, \n as made on December 31, 2008, and\n ``(2) after December 31, 2009, and before December 1, 2010, \n as made on December 31, 2009.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 3. DEDUCTION FOR LOSS FROM SALE OF PRINCIPAL RESIDENCE.\n\n (a) In General.--Part VII of subchapter B of chapter I of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 224 as \nsection 225 and by inserting after section 223 the following new \nsection:\n\n``SEC. 224. LOSS FROM SALE OF PRINCIPAL RESIDENCE.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year any loss \nrecognized on the sale or exchange of property during the taxable year \nif, during the 5-year period ending on the date of the sale or \nexchange, such property has been owned and used by the taxpayer as the \ntaxpayer's principal residence for periods aggregating 2 years or more.\n ``(b) Limitations.--\n ``(1) Aggregate limitation.--The aggregate amount allowed \n as a deduction under subsection (a) for all taxable years shall \n not exceed $6,000 ($12,000 in the case of a joint return).\n ``(2) Annual limitation.--\n ``(A) In general.--The amount allowed to a taxpayer \n as a deduction under subsection (a) for a taxable year \n shall not exceed $2,000 ($4,000 in the case of a joint \n return).\n ``(B) Carryforward.--If the deduction allowable \n under subsection (a) for any taxable year exceeds the \n limitation imposed by subparagraph (A) for the taxable \n year, the excess shall be carried to each of the 2 \n succeeding taxable years and added to the deduction \n allowable under subsection (a) for such succeeding \n year.\n ``(3) Exclusion of loss allocated to nonqualified use.--\n ``(A) In general.--Subsection (a) shall not apply \n to so much of the loss from the sale or exchange of \n property as is allocated to periods of nonqualified \n use.\n ``(B) Allocation.--For purposes of subparagraph \n (A), loss shall be allocated to periods of nonqualified \n use based on the ratio which--\n ``(i) the aggregate periods of nonqualified \n use during the period such property was owned \n by the taxpayer, bears to\n ``(ii) the period such property was owned \n by the taxpayer.\n ``(C) Period of nonqualified use; coordination with \n recognition of gain attributable to depreciation.--For \n purposes of this paragraph, rules similar to the rules \n of subparagraphs (C) and (D) of section 121(b)(5) shall \n apply.\n ``(4) Application to only 1 sale.--\n ``(A) In general.--Subsection (a) shall not apply \n to more than 1 sale or exchange of a principal \n residence by the taxpayer.\n ``(B) Special rule for joint returns.--In the case \n of a joint return with respect to the sale or exchange \n of a principal residence, if a deduction was allowable \n under subsection (a) to a spouse for a prior sale or \n exchange of a principal residence, paragraphs (1) and \n (2)(A) shall be applied by reducing the dollar amounts \n therein by the deduction so allowable (one-half of such \n deduction in the case of a joint return).\n ``(c) Applicable Rules.--For purposes of this section, rules \nsimilar to the rules of subsection (d) of section 121 shall apply, \nexcept that paragraph (6) thereof shall be applied by substituting \n`loss' for `gain'.\n ``(d) Election To Have Section Not Apply.--This section shall not \napply to any sale or exchange with respect to which the taxpayer elects \nnot to have this section apply.\n ``(e) Termination.--The section shall not apply to the sale or \nexchange of a principal residence after December 31, 2010.''.\n (b) Deduction Allowed in Computing Adjusted Gross Income.--\nSubsection (a) of section 62 of such Code is amended by inserting \nbefore the last sentence the following new paragraph:\n ``(22) Loss from sale of principal residence.--The \n deduction allowed by section 224.''.\n (c) Clerical Amendments.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the item \nrelating to section 224 and inserting the following:\n\n``Sec. 224. Loss from sale of principal residence.\n``Sec. 225. Cross reference.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.","summary":"Amends the Internal Revenue Code relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence. (2) limit the credit to one sale or exchange of a principal residence. And (3) extend such credit through November 30, 2010. Allows individual taxpayers a tax deduction through 2010 for losses from the sale or exchange of a principal residence.","title":"To amend the Internal Revenue Code of 1986 to extend and expand the first-time homebuyers credit and to provide a loss deduction on the sale of a principal residence.","text_len":8131,"sum_len":396} {"bill_id":"113_s1757","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fluke Fairness Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Summer flounder is an important economic fish stock for \n commercial and recreational fishermen across the Northeast and \n Mid-Atlantic United States.\n (2) The Magnuson-Stevens Fishery Conservation and \n Management Act (16 U.S.C. 1801 et seq.) was reauthorized in \n 2006 and instituted annual catch limits and accountability \n measures for important fish stocks.\n (3) That reauthorization prompted fishery managers to look \n at alternate management schemes to rebuild depleted stocks like \n summer flounder.\n (4) Summer flounder occur in both State and Federal waters \n and are managed through a joint fishery management plan between \n the Council and the Commission.\n (5) The Council and the Commission decided that each \n State's recreational and commercial harvest limits for summer \n flounder would be based upon landings in previous years.\n (6) These historical landings were based on flawed data \n sets that no longer provide fairness or flexibility for \n fisheries managers to allocate resources based on the best \n science.\n (7) This allocation mechanism resulted in an uneven split \n among the States along the East Coast which is problematic.\n (8) The Fishery Management Plan for summer flounder does \n not account for regional changes in the location of the fluke \n stock even though the stock has moved further to the north and \n changes in effort by anglers along the East Coast.\n (9) The States have been locked in a management system \n based on data that occurred over a decade ago and the summer \n flounder stock is not being managed using the best available \n science and modern fishery management techniques.\n (10) It is in the interest of the Federal Government to \n establish a new fishery management plan for summer flounder \n that is based on current geographic, scientific, and economic \n realities.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Atlantic \n States Marine Fisheries Commission.\n (2) Council.--The term ``Council'' means the Mid-Atlantic \n Fishery Management Council established under section 302(a) of \n the Magnuson-Stevens Fishery Conservation and Management Act \n (16 U.S.C. 1852(a)).\n (3) National standards.--The term ``National Standards'' \n means the national standards for fishery conservation and \n management set out in section 301(a) of the Magnuson-Stevens \n Fishery Conservation and Management Act (16 U.S.C. 1851(a)).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (5) Summer flounder.--The term ``summer flounder'' means \n the species Paralichthys dentatus.\n\nSEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.\n\n (a) Fishery Management Plan Modification.--Not later than 1 year \nafter the date of the enactment of this Act, the Council shall submit \nto the Secretary, and the Secretary may approve, a modified fishery \nmanagement plan for the commercial and recreational management of \nsummer flounder under title III of the Magnuson-Stevens Fishery \nConservation and Management Act (16 U.S.C. 1851 et seq.) or an \namendment to such plan that--\n (1) shall be based on the best scientific information \n available;\n (2) reflects changes in the distribution, abundance, and \n location of summer flounder in establishing distribution of the \n commercial and recreational catch quotas;\n (3) considers regional, coastwide, or other management \n measures for summer flounder that comply with the National \n Standards; and\n (4) prohibits the allocation of commercial or recreational \n catch quotas for summer flounder on a State-by-State basis \n using historical landings data that does not reflect the status \n of the summer flounder stock, based on the most recent \n scientific information.\n (b) Consultation With the Commission.--In preparing the modified \nfishery management plan or an amendment to such a plan as described in \nsubsection (a), the Council shall consult with the Commission to ensure \nconsistent management throughout the range of the summer flounder.\n (c) Failure To Submit Plan.--If the Council fails to submit a \nmodified fishery management plan or an amendment to such a plan as \ndescribed in subsection (a) that may be approved by the Secretary, the \nSecretary shall prepare and approve such a modified plan or amendment.\n\nSEC. 5. REPORT.\n\n Not later than 1 year after the date of the approval under section \n4 of a modified fishery management plan for the commercial and \nrecreational management of summer flounder or an amendment to such \nplan, the Comptroller General of the United States shall submit to \nCongress a report on the implementation of such modified plan or \namendment that includes an assessment of whether such implementation \ncomplies with the National Standards.","summary":"Fluke Fairness Act of 2013 - Directs the Mid-Atlantic Fishery Management Council to submit for approval by the Secretary of Commerce a modified fishery management plan for the commercial and recreational management of summer flounder, or an amendment to such plan, that: (1) is based on the best scientific information available. (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas. (3) considers regional, coastwide, or other management measures that comply with national standards under the Magnuson-Stevens Fishery Conservation and Management Act. And (4) prohibits the allocation of catch quotas on a state-by-state basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. Requires the Council, in preparing such modifications or amendments, to consult with the Atlantic States Marine Fisheries Commission. Directs the Secretary to prepare and approve a plan if the Council fails to submit such modifications or amendments. Requires a Comptroller General (GAO) report that assesses whether the subsequent implementation of the approved plan complies with national standards.","title":"Fluke Fairness Act of 2013","text_len":5382,"sum_len":1280} {"bill_id":"106_hr2556","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Telecommuting and Air \nQuality Act''.\n\nSEC. 2. GRANT PROGRAM FOR DESIGN OF PILOT PROGRAM REGARDING \n TELECOMMUTING AS MEANS OF IMPROVING AIR QUALITY.\n\n (a) In General.--\n (1) Grant for design of pilot program.--The Secretary of \n Transportation (in this section referred to as the \n ``Secretary'') shall make a grant to a nonprofit private entity \n that is knowledgeable on matters relating to air quality for \n the purpose of developing a design for the proposed pilot \n program described in subsection (b). The grant shall be made to \n the National Environmental Policy Institute (a nonprofit \n private entity incorporated under the laws of and located in \n the District of Columbia), if such Institute submits an \n application for the grant.\n (2) Administration of program.--The Secretary shall carry \n out this section (including subsection (c)(1)(C)) in \n collaboration with the Administrator of the Environmental \n Protection Agency and the Secretary of Energy.\n (b) Proposed Ozone Precursor Credit-Trading Pilot Program.--\n (1) Definitions.--For purposes of this section:\n (A) The term ``participating employers'' means \n employers that voluntarily authorize and engage in \n telecommuting.\n (B) The term ``telecommuting'' means the use of \n telecommunications to perform work functions under \n circumstances in which the use of telecommunications \n reduces or eliminates the need to commute.\n (C) The term ``regulated entities'' means entities \n that are regulated under the Clean Air Act with respect \n to emissions of one or more ozone precursors.\n (D) The term ``ozone precursors'' means air \n pollutants that are precursors of ground level ozone.\n (E) The term ``VMTs'' means vehicle-miles-traveled.\n (2) Description of program.--For purposes of subsection \n (a)(1) and other provisions of this section, the proposed pilot \n program described in this subsection is a pilot program under \n which the following would occur:\n (A) Methods would be evaluated and developed for \n calculating reductions in emissions of ozone precursors \n that can be achieved as a result of reduced VMTs by \n telecommuting employees of participating employers.\n (B) The estimated reductions in such emissions for \n the periods of time involved would be deemed to be \n items that may be transferred by such employers to \n other persons, and for such purpose the employers would \n be issued certificates indicating the amount of the \n reductions achieved for the periods (referred to in \n this section as ``emission credits'') .\n (C) A commercial trading and exchange forum would \n be made available to the public for trading and \n exchanging emission credits.\n (D) Through the commercial trading and exchange \n forum, or through direct trades and exchanges with \n persons who hold the credits, regulated entities would \n obtain emission credits.\n (E) Regulated entities would present emission \n credits to the Federal Government or to the State \n involved (as applicable under the Clean Air Act) and \n the amounts of reductions in emissions of ozone \n precursors represented by the credits would for \n purposes of the Clean Air Act be deemed to assist in \n achieving compliance.\n (F) The Federal Government would explore means to \n facilitate the transfer of emission credits between \n participating employers and regulated and other \n entities.\n (c) Sites for Operation of Pilot Program.--\n (1) In general.--The Secretary shall ensure that the design \n developed under subsection (a) includes recommendations for \n carrying out the proposed pilot program described in subsection \n (b) in each of the following geographic areas:\n (A) The greater metropolitan region of the District \n of Columbia (including areas in the States of Maryland \n and Virginia).\n (B) The greater metropolitan region of Los Angeles, \n in the State of California.\n (C) Three additional areas to be selected by the \n Secretary, after consultation with the grantee under \n subsection (a).\n (2) Consultation.--The Secretary shall require that, in \n carrying out paragraph (1) with respect to a geographic area, \n the grantee under subsection (a) consult with local governments \n and business organizations in the geographic area.\n (d) Study and Report.--The Secretary shall require that, in \ndeveloping the design under subsection (a), the grantee under such \nsubsection study and report to the Congress and to the Secretary the \npotential significance of the proposed pilot program described in \nsubsection (b) as an incentive for expanding telecommuting and reducing \nVMTs in the geographic areas for which the design is developed, and the \nextent to which the program would have positive effects on--\n (1) national, State, and local transportation and \n infrastructure policies;\n (2) energy conservation and consumption;\n (3) national, State, and local air quality; and\n (4) individual, family, and community quality of life.\n (e) Authorization of Appropriations.--For the purpose of making the \ngrant under subsection (a), there is authorized to be appropriated \n$250,000 for fiscal year 2000. Amounts appropriated under the preceding \nsentence are available until expended.","summary":"National Telecommuting and Air Quality Act - Directs the Secretary of Transportation to make a grant to a nonprofit private entity for the purpose of developing a design for a proposed ozone precursor credit-trading pilot program in which: (1) methods would be evaluated and developed for calculating reductions in emissions of ozone precursors that can be achieved as a result of reduced vehicle-miles-traveled (VMTs) by telecommuting employees. (2) regulated entities would present emission credits to the Federal Government or to the State and the amounts of reductions in emissions of air pollutants represented by such credits would be for purposes of compliance with the Clean Air Act. And (3) the Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. Sets forth recommended sites for the operation of such pilot program, including: (1) the greater metropolitan region of the District of Columbia, (2) the greater metropolitan region of Los Angeles, California. And (3) three additional areas to be selected by the Secretary. Directs the Secretary to require the grantee to study and report to Congress and to the Secretary on the potential significance of the proposed pilot program as an incentive for expanding telecommuting and reducing VMTs in the geographic areas, and the extent to which it would have positive effects on national, State, and local air quality and energy conservation and consumption. Authorizes appropriations.","title":"National Telecommuting and Air Quality Act","text_len":6304,"sum_len":1539} {"bill_id":"108_hr2133","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cosmetology Tax Fairness and \nCompliance Act of 2003''.\n\nSEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID \n WITH RESPECT TO EMPLOYEE TIPS.\n\n (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) \nof section 45B(b) of the Internal Revenue Code of 1986 is amended to \nread as follows:\n ``(2) Application only to certain lines of business.--In \n applying paragraph (1), there shall be taken into account only \n tips received from customers or clients in connection with--\n ``(A) the providing, delivering, or serving of food \n or beverages for consumption if the tipping of \n employees delivering or serving food or beverages by \n customers is customary, or\n ``(B) the providing of any cosmetology service for \n customers or clients at a facility licensed to provide \n such service if the tipping of employees providing such \n service is customary.''\n (b) Definition of Cosmetology Service.--Section 45B of such Code is \namended by redesignating subsections (c) and (d) as subsections (d) and \n(e), respectively, and by inserting after subsection (b) the following \nnew subsection:\n ``(c) Cosmetology Service.--For purposes of this section, the term \n`cosmetology service' means--\n ``(1) hairdressing,\n ``(2) haircutting,\n ``(3) manicures and pedicures,\n ``(4) body waxing, facials, mud packs, wraps, and other \n similar skin treatments, and\n ``(5) any other beauty related service provided at a \n facility at which a majority of the services provided (as \n determined on the basis of gross revenue) are described in \n paragraphs (1) through (4).''\n (c) Effective Date.--The amendments made by this section shall \napply to tips received for services performed after December 31, 2003.\n\nSEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF \n COSMETOLOGY SERVICES.\n\n (a) In General.--Subpart B of part III of subchapter A of chapter \n61 of the Internal Revenue Code of 1986 is amended by inserting after \nsection 6050T the following new section:\n\n``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION \n TO BE PROVIDED TO COSMETOLOGISTS.\n\n ``(a) In General.--Every person (referred to in this section as a \n`reporting person') who--\n ``(1) employs 1 or more cosmetologists to provide any \n cosmetology service,\n ``(2) rents a chair to 1 or more cosmetologists to provide \n any cosmetology service on at least 5 calendar days during a \n calendar year, or\n ``(3) in connection with its trade or business or rental \n activity, otherwise receives compensation from, or pays \n compensation to, 1 or more cosmetologists for the right to \n provide cosmetology services to, or for cosmetology services \n provided to, third-party patrons,\nshall comply with the return requirements of subsection (b) and the \ntaxpayer education requirements of subsection (c).\n ``(b) Return Requirements.--The return requirements of this \nsubsection are met by a reporting person if the requirements of each of \nthe following paragraphs applicable to such person are met.\n ``(1) Employees.--In the case of a reporting person who \n employs 1 or more cosmetologists to provide cosmetology \n services, the requirements of this paragraph are met if such \n person meets the requirements of sections 6051 (relating to \n receipts for employees) and 6053(b) (relating to tip reporting) \n with respect to each such employee.\n ``(2) Independent contractors.--In the case of a reporting \n person who pays compensation to 1 or more cosmetologists (other \nthan as employees) for cosmetology services provided to third-party \npatrons, the requirements of this paragraph are met if such person \nmeets the applicable requirements of section 6041 (relating to returns \nfiled by persons making payments of $600 or more in the course of a \ntrade or business), section 6041A (relating to returns to be filed by \nservice-recipients who pay more than $600 in a calendar year for \nservices from a service provider), and each other provision of this \nsubpart that may be applicable to such compensation.\n ``(3) Chair renters.--\n ``(A) In general.--In the case of a reporting \n person who receives rent or other fees or compensation \n from 1 or more cosmetologists for use of a chair or for \n rights to provide any cosmetology service at a salon or \n other similar facility for more than 5 days in a \n calendar year, the requirements of this paragraph are \n met if such person--\n ``(i) makes a return, according to the \n forms or regulations prescribed by the \n Secretary, setting forth the name, address, and \n TIN of each such cosmetologist and the amount \nreceived from each such cosmetologist, and\n ``(ii) furnishes to each cosmetologist \n whose name is required to be set forth on such \n return a written statement showing--\n ``(I) the name, address, and phone \n number of the information contact of \n the reporting person,\n ``(II) the amount received from \n such cosmetologist, and\n ``(III) a statement informing such \n cosmetologist that (as required by this \n section), the reporting person has \n advised the Internal Revenue Service \n that the cosmetologist provided \n cosmetology services during the \n calendar year to which the statement \n relates.\n ``(B) Method and time for providing statement.--The \n written statement required by clause (ii) of \n subparagraph (A) shall be furnished (either in person \n or by first-class mail which includes adequate notice \n that the statement or information is enclosed) to the \n person on or before January 31 of the year following \n the calendar year for which the return under clause (i) \n of subparagraph (A) is to be made.\n ``(c) Taxpayer Education Requirements.--In the case of a reporting \nperson who is required to provide a statement pursuant to subsection \n(b), the requirements of this subsection are met if such person \nprovides to each such cosmetologist annually a publication, as \ndesignated by the Secretary, describing--\n ``(1) in the case of an employee, the tax and tip reporting \n obligations of employees, and\n ``(2) in the case of a cosmetologist who is not an employee \n of the reporting person, the tax obligations of independent \n contractors or proprietorships.\nThe publications shall be furnished either in person or by first-class \nmail which includes adequate notice that the publication is enclosed.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Cosmetologist.--\n ``(A) In general.--The term `cosmetologist' means \n an individual who provides any cosmetology service.\n ``(B) Anti-avoidance rule.--The Secretary may by \n regulation or ruling expand the term `cosmetologist' to \n include any entity or arrangement if the Secretary \n determines that entities are being formed to circumvent \n the reporting requirements of this section.\n ``(2) Cosmetology service.--The term `cosmetology service' \n has the meaning given to such term by section 45B(c).\n ``(3) Chair.--The term `chair' includes a chair, booth, or \n other furniture or equipment from which an individual provides \n a cosmetology service (determined without regard to whether the \n cosmetologist is entitled to use a specific chair, booth, or \n other similar furniture or equipment or has an exclusive right \n to use any such chair, booth, or other similar furniture or \n equipment).\n ``(e) Exceptions for Certain Employees.--Subsection (c) shall not \napply to a reporting person with respect to an employee who is employed \nin a capacity for which tipping (or sharing tips) is not customary.''\n (b) Conforming Amendments.--\n (1) Section 6724(d)(1)(B) of such Code (relating to the \n definition of information returns) is amended by redesignating \n clauses (xii) through (xviii) as clauses (xiii) through (xix), \n respectively and by inserting after clause (xi) the following \n new clause:\n ``(xii) section 6050U(a) (relating to \n returns by cosmetology service providers).''\n (2) Section 6724(d)(2) of such Code is amended by striking \n ``or'' at the end of subparagraph (AA), by striking the period \n at the end of subparagraph (BB) and inserting ``, or'', and by \n inserting after subparagraph (BB) the following new \n subparagraph:\n ``(CC) subsections (b)(3)(A)(ii) and (c) of section \n 6050U (relating to cosmetology service providers) even \n if the recipient is not a payee.''\n (3) The table of sections for subpart B of part III of \n subchapter A of chapter 61 of the Internal Revenue Code of 1986 \n is amended by adding after section 6050T the following new \n item:\n\n ``Sec. 6050U Returns relating to \n cosmetology services and \n information to be provided to \n cosmetologists.''\n (c) Effective Date.--The amendments made by this section shall \napply to calendar years after 2003.","summary":"Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.","title":"To amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector.","text_len":10589,"sum_len":711} {"bill_id":"107_hr2575","text":"SECTION 1. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25C the \nfollowing new section:\n\n``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to $1,200 multiplied by the number of applicable individuals with \nrespect to whom the taxpayer is an eligible caregiver for the taxable \nyear.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Applicable individual.--\n ``(A) In general.--The term `applicable individual' \n means, with respect to any taxable year, any individual \n who has been certified, before the due date for filing \n the return of tax for the taxable year (without \n extensions), by a physician (as defined in section \n 1861(r)(1) of the Social Security Act) as being an \n individual with long-term care needs described in \n subparagraph (B) for a period--\n ``(i) which is at least 180 consecutive \n days, and\n ``(ii) a portion of which occurs within the \n taxable year.\n Such term shall not include any individual otherwise \n meeting the requirements of the preceding sentence \n unless within the 39\\1\/2\\ month period ending on such \n due date (or such other period as the Secretary \n prescribes) a physician (as so defined) has certified \n that such individual meets such requirements.\n ``(B) Individuals with long-term care needs.--An \n individual is described in this subparagraph if the \n individual is at least 6 years of age and--\n ``(I) is unable to perform (without \n substantial assistance from another individual) \n at least 3 activities of daily living (as \n defined in section 7702B(c)(2)(B)) due to a \n loss of functional capacity, or\n ``(II) requires substantial supervision to \n protect such individual from threats to health \n and safety due to severe cognitive impairment \n and is unable to perform, without reminding or \n cuing assistance, at least 1 activity of daily \n living (as so defined) or to the extent \n provided in regulations prescribed by the \n Secretary (in consultation with the Secretary \n of Health and Human Services), is unable to \n engage in age appropriate activities.\n ``(2) Eligible caregiver.--\n ``(A) In general.--A taxpayer shall be treated as \n an eligible caregiver for any taxable year with respect \n to the following individuals:\n ``(i) The taxpayer.\n ``(ii) The taxpayer's spouse.\n ``(iii) A brother or sister of the \n taxpayer.\n ``(iv) The mother or father of the \n taxpayer.\n ``(B) Special rules where more than 1 eligible \n caregiver.--\n ``(i) In general.--If more than 1 \n individual is an eligible caregiver with \n respect to the same applicable individual for \n taxable years ending with or within the same \n calendar year, a taxpayer shall be treated as \n the eligible caregiver if each such individual \n (other than the taxpayer) files a written \n declaration (in such form and manner as the \n Secretary may prescribe) that such individual \n will not claim such applicable individual for \n the credit under this section.\n ``(ii) No agreement.--If each individual \n required under clause (i) to file a written \n declaration under clause (i) does not do so, \n the individual with the highest modified \n adjusted gross income (as defined in section \n 32(c)(5)) shall be treated as the eligible \n caregiver.\n ``(iii) Married individuals filing \n separately.--In the case of married individuals \n filing separately, the determination under this \n subparagraph as to whether the husband or wife \n is the eligible caregiver shall be made under \n the rules of clause (ii) (whether or not one of \n them has filed a written declaration under \n clause (i)).\n ``(c) Identification Requirement.--No credit shall be allowed under \nthis section to a taxpayer with respect to any applicable individual \nunless the taxpayer includes the name and taxpayer identification \nnumber of such individual, and the identification number of the \nphysician certifying such individual, on the return of tax for the \ntaxable year.\n ``(d) Taxable Year Must Be Full Taxable Year.--Except in the case \nof a taxable year closed by reason of the death of the taxpayer, no \ncredit shall be allowable under this section in the case of a taxable \nyear covering a period of less than 12 months.''.\n (b) Conforming Amendments.--\n (1) Section 6213(g)(2) of the Internal Revenue Code of 1986 \n is amended by striking ``and'' at the end of subparagraph (L), \n by striking the period at the end of subparagraph (M) and \n inserting ``, and'', and by inserting after subparagraph (M) \n the following new subparagraph:\n ``(N) an omission of a correct TIN or physician \n identification required under section 25C(c) (relating \n to credit for taxpayers with long-term care needs) to \n be included on a return.''.\n (2) The table of sections for subpart A of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 25B the following new item:\n\n ``Sec. 25C. Credit for taxpayers with \n long-term care needs.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Amends the Internal Revenue Code to allow a tax credit for caregivers of individuals with long-term care needs in an amount equal to $1,200 for each such individual with respect to whom the taxpayer is an eligible caregiver for the taxable year.","title":"To amend the Internal Revenue Code of 1986 to provide a credit against income tax for caregivers of individuals with long-term care needs.","text_len":7165,"sum_len":245} {"bill_id":"108_s2917","text":"SECTION 1. CENTENNIAL CHALLENGE PROGRAM.\n\n Title III of the National Aeronautics and Space Act of 1958 (42 \nU.S.C. 2451 et seq.), is amended by adding at the end the following:\n\n``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE \n DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL \n TECHNOLOGIES.\n\n ``(a) Program Authorized.--The Administrator may carry out a \nprogram, known as the Centennial Challenge Program, to award prizes to \nstimulate innovation in basic and applied research, technology \ndevelopment, and prototype demonstration that have the potential for \napplication to the performance of the space and aeronautical activities \nof the Administration.\n ``(b) Program Requirements.--\n ``(1) Competitive process.--Recipients of prizes under the \n program under this section shall be selected through one or \n more competitions conducted by the Administrator.\n ``(2) Advertisement of competitions.--The Administrator \n shall widely advertise any competitions conducted under the \n program.\n ``(c) Registration; Assumption of Risk.--\n ``(1) Registration.--Each potential recipient of a prize in \n a competition under the program under this section shall \n register for the competition.\n ``(2) Assumption of risk.--In registering for a competition \n under paragraph (1), a potential recipient of a prize shall \n assume any and all risks, and waive claims against the United \n States Government and its related entities (including \n contractors and subcontractors at any tier, suppliers, users, \n customers, cooperating parties, grantees, investigators, and \n detailees), for any injury, death, damage, or loss of property, \n revenue, or profits, whether direct, indirect, or \n consequential, arising from participation in the competition, \n whether such injury, death, damage, or loss arises through \n negligence or otherwise, except in the case of willful \n misconduct.\n ``(d) Budgeting and Awarding of Funds.--\n ``(1) Availability of funds.--Any funds appropriated to \n carry out this section shall remain available until expended, \n but for not more than 4 fiscal years.\n ``(2) Deposit and withdrawal of funds.--When a prize is \n offered, the total amount of funding made available for that \n prize shall be deposited in the Centennial Challenge Trust \n Fund. If funding expires before a prize is awarded, the \n Administrator shall deposit additional funds in the account to \n ensure the availability of funding for all prizes. If a prize \n competition expires before its goals are met, the Administrator \n may redesignate those funds for a new challenge, but any \n redesignated funds will be considered as newly deposited for \n the purposes of paragraph (3). All cash awards made under this \n section shall be paid from that account.\n ``(3) Overall limit.--The Administrator may not deposit \n more than $25,000,000 annually in the Centennial Challenge \n Trust Fund.\n ``(4) Maximum prize.--No competition under the program may \n result in the award of more than $1,000,000 in cash prizes \n without the approval of the Administrator.\n ``(e) Relationship to Other Authority.--The Administrator may \nexercise the authority in this section in conjunction with or in \naddition to any other authority of the Administrator to acquire, \nsupport, or stimulate basic and applied research, technology \ndevelopment, or prototype demonstration projects.''.\n\nSEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION.\n\n Title III of the National Aeronautics and Space Act of 1958 (42 \nU.S.C. 2451 et seq.), as amended by section 1, is amended by adding at \nthe end the following:\n\n``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION.\n\n ``(a) In General.--There is established a charitable and nonprofit \ncorporation to be known as the National Aeronautics and Space \nFoundation.\n ``(b) Purposes.--The purposes of the foundation are--\n ``(1) to encourage private gifts of real and personal \n property or any income therefrom or other interest therein for \n the benefit of, or in connection with, NASA, its activities, or \n its services; and\n ``(2) to further the public's knowledge of and inspiration \n by the Earth, the Earth's atmosphere, space, and celestial \n bodies in space, for current and future generations of \n Americans.\n ``(c) Board of Directors.--\n ``(1) In general.--The Foundation shall be governed by a \n board of directors of 6 individuals appointed by the \n Administrator, in consultation with the chairman and ranking \n member of the Senate Committee on Commerce, Science, and \n Transportation and of the House of Representatives Committee on \n Science. The Administrator shall designate 1 member to serve as \n chair.\n ``(2) Term of office.--Each member shall serve for a term \n of 6 years, except that of the members first appointed to the \n board--\n ``(A) 1 member shall be appointed for a term of 1 \n year;\n ``(B) 1 member shall be appointed for a term of 2 \n years;\n ``(C) 1 member shall be appointed for a term of 3 \n years;\n ``(D) 1 member shall be appointed for a term of 4 \n years;\n ``(E) 1 member shall be appointed for a term of 5 \n years; and\n ``(F) 1 member shall be appointed for a term of 6 \n years.\n ``(3) Vacancies.--An individual appointed to fill a vacancy \n occurring other than by the expiration of a term shall be \n appointed for the remainder of the term of the former member \n the individual succeeds.\n ``(4) Status.--Membership on the Board shall not be deemed \n to be an office within the meaning of the statutes of the \n United States.\n ``(5) Administrator to serve ex officio.--The Administrator \n shall be a member of the board ex officio but without the right \n to vote.\n ``(6) By-laws.--Upon the appointment and qualification of \n all members of the board, the board may by majority vote adopt \n by-laws, adopt an official seal (which shall be judicially \n recognized), and establish a schedule for meetings and a \n mechanism for calling non-scheduled meetings. Except as \n provided in the preceding sentence and unless modified by the \n Board--\n ``(A) a majority of the members serving shall \n consitute a quorum; and\n ``(B) the board shall meet at least once each year \n and at the call of the chair.\n ``(7) Compensation and expenses.--No compensation shall be \n paid to the members of the Board for their services as members, \n but they shall be reimbursed for actual and necessary traveling \n and subsistence expenses incurred by them in the performance of \n their duties as such members out of Foundation funds available \n to the Board for such purposes.\n ``(d) Powers and Duties.--\n ``(1) In general.--Except as otherwise provided in this \n section, the Foundation shall have the powers of, and be \n subject to the limitations of, a charitable and nonprofit \n corporation provided under the laws of the State (or the \n District of Columbia) in which it is incorporated.\n ``(2) Perpetual succession; member liability.--The \n Foundation shall have perpetual succession, with all the usual \n powers and obligations of a corporation acting as a trustee, \n including the power to sue and to be sued in its own name, but \n the members of the Board shall not be personally liable, except \n for malfeasance.\n ``(3) Contracts; grants; other instruments.--The Foundation \n shall have the power to enter into contracts or grants, to \n execute instruments, and generally to do any and all lawful \n acts necessary or appropriate to its purposes as approved by \n the board.\n ``(4) Gifts; devises; bequests.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the Foundation may accept, receive, \n solicit, hold, administer, and use any gifts, devises, \n or bequests, either absolutely or in trust, of real or \n personal property or any income therefrom or other \n interest therein for the benefit of or in connection \n with, NASA, its activities, or its services, including \n a gift, devise, or bequest that is encumbered, \n restricted, or subject to beneficial interests of \n private persons if any current or future interest \n therein is for the benefit of NASA, its activities, or \n its services. For purposes of this paragraph, an \n interest in real property includes easements or other \n rights for preservation, conservation, protection, or \n enhancement by and for the public of natural, scenic, \n historic, scientific, educational, inspirational, or \n recreational resources.\n ``(B) Limitation.--The Foundation may not accept a \n gift, devise, or bequest which entails any expenditure \n other than from the resources of the Foundation.\n ``(e) Tax Status and Functions.--\n ``(1) Tax-exempt status of foundation.--The Foundation and \n any income or property received or owned by it, and all \n transactions relating to such income or property, shall be \n exempt from all Federal, State, and local taxation with respect \n thereto.\n ``(2) In-lieu-of payments.--The Foundation may, in the \n discretion of the board--\n ``(A) contribute toward the costs of local \n goverment in amounts not in excess of those which it \n would be obligated to pay such government if it were \n not exempt from taxation under paragraph (A) or by \n virtue of its being a charitable and nonprofit \n corporation; and\n ``(B) may contribute with respect to property \n transferred to it and the income derived therefrom if \n such agreement is a condition of the transfer.\n ``(3) Deductibility of contributions to foundation.--Gifts \n and other transfers made to or for the use of the Foundation \n shall be regarded as contributions, gifts, or transfers to or \n for the use of the United States.\n ``(f) Cooperative Work With NASA.--\n ``(1) NASA support contracts.--The Administrator may \n contract with the Foundation for the performance of its duties \n and activities in support of the Administration.\n ``(2) NASA may not accept funds from foundation.--Neither \n NASA nor any employee thereof may be authorized to accept funds \n from the Foundation.\n ``(3) Foundation funding may not supplement appropriated \n funds activities.--Except as otherwise specifically provided by \n statute, the Foundation may not obligate or expend funds to \n directly supplement any program or activity of NASA, or any \n other Federal agency, for which appropriated funds may be \n obligated or expended.\n ``(g) Definitions.--In this section:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the National Aeronautics and Space \n Administration.\n ``(2) Board.--The term `board' means the board of directors \n of the Foundation.\n ``(3) Foundation.--The term `Foundation' means the National \n Aeronautics and Space Foundation established by subsection (a).\n ``(4) NASA.--The term `NASA' means the National Aeronautics \n and Space Administration.''.","summary":"Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities. And (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space.","title":"A bill to amend the National Aeronautics and Space Act of 1958 to establish a centennial challenge program and establish a National Aeronautics and Space Foundation.","text_len":12515,"sum_len":726} {"bill_id":"105_hr4090","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Safety Officer Medal of Valor \nAct of 1998''.\n\nSEC. 2. AUTHORIZATION OF MEDAL.\n\n The President may award, and present in the name of Congress, a \nMedal of Valor of appropriate design, with ribbons and appurtenances, \nto a public safety officer who is cited by the Attorney General, on the \nadvice of the Medal of Valor Review Board, for extraordinary valor \nabove and beyond the call of duty.\n\nSEC. 3. BOARD.\n\n (a) Board.--There is established a permanent Medal of Valor Review \nBoard (hereinafter in this Act referred to as the ``Board''). The Board \nshall--\n (1) be composed of 11 members appointed in accordance with \n subsection (b); and\n (2) conduct its business in accordance with this Act.\n (b) Membership.--\n (1) In general.--The members of the Board shall be \n appointed as follows:\n (A) Two shall be appointed by the Speaker of the \n House of Representatives.\n (B) Two shall be appointed by the minority leader \n of the House of Representatives.\n (C) Two shall be appointed by the Majority Leader \n of the Senate.\n (D) Two shall be appointed by the Minority Leader \n of the Senate.\n (E) Three shall be appointed by the President, one \n of whom shall have substantial experience in \n firefighting, one of whom shall have substantial \n experience in law enforcement, and one of whom shall \n have substantial experience in emergency services.\n (2) Persons eligible.--The members of the Board shall be \n individuals who have knowledge or expertise, whether by \n experience or training, in the field of public safety.\n (3) Term.--The term of a Board member is 4 years.\n (4) Vacancies.--Any vacancy in the membership of the Board \n shall not affect the powers of the Board and shall be filled in \n the same manner as the original appointment.\n (5) Operation of the board.--\n (A) Meetings.--The Board shall meet at the call of \n the Chairman and not less than twice each year. The \n initial meeting of the Board shall be conducted not \n later than 30 days after the appointment of the last \n member of the Board.\n (B) Quorum; voting; rules.--A majority of the \n members of the Board shall constitute a quorum to \n conduct business, but the Board may establish a lesser \n quorum for conducting hearings scheduled by the Board. \n The Board may establish by majority vote any other \n rules for the conduct of the Board's business, if such \n rules are not inconsistent with this Act or other \n applicable law.\n (c) Duties.--The Board shall select candidates as recipients of the \nMedal of Valor from among those applications received by the National \nMedal Office. Not more often than once each year, the Board shall \npresent to the Attorney General the name or names of those it \nrecommends as Medal of Valor recipients. In a given year, the Board is \nnot required to choose any names, but is limited to a maximum number of \n6 recipients. The Board shall set an annual timetable for fulfilling \nits duties under this Act.\n (d) Hearings.--\n (1) In general.--The Board may hold such hearings, sit and \n act at such times and places, administer such oaths, take such \n testimony, and receive such evidence as the Board considers \n advisable to carry out its duties.\n (2) Witness expenses.--Witnesses requested to appear before \n the Board may be paid the same fees as are paid to witnesses \n under section 1821 of title 28, United States Code. The per \n diem and mileage allowances for witnesses shall be paid from \n funds appropriated to the Board.\n (e) Information From Federal Agencies.--The Board may secure \ndirectly from any Federal department or agency such information as the \nBoard considers necessary to carry out its duties. Upon the request of \nthe Board, the head of such department or agency may furnish such \ninformation to the Board.\n (f) Information To Be Kept Confidential.--The Board shall not \ndisclose any information which may compromise an ongoing law \nenforcement investigation or is otherwise required by law to be kept \nconfidential.\n\nSEC. 4. BOARD PERSONNEL MATTERS.\n\n (a) Compensation of Members.--(1) Except as provided in paragraph \n(2), each member of the Board shall be compensated at a rate equal to \nthe daily equivalent of the annual rate of basic pay prescribed for \nlevel IV of the Executive Schedule under section 5315 of title 5, \nUnited States Code, for each day (including travel time) during which \nsuch member is engaged in the performance of the duties of the Board.\n (2) All members of the Board who serve as officers or employees of \nthe United States, a State, or a local government, shall serve without \ncompensation in addition to that received for those services.\n (b) Travel Expenses.--The members of the Board shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for employees of agencies under subchapter I of chapter 57 \nof title 5, United States Code, while away from their homes or regular \nplaces of business in the performance of service for the Board.\n\nSEC. 5. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Public safety officer.--The term ``Public Safety \n Officer'' has the same meaning given that term in section 1204 \n of the Omnibus Crime Control and Safe Streets Act of 1968.\n (2) State.--The term ``State'' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, the Virgin Islands, Guam, American \n Samoa, and the Commonwealth of the Northern Mariana Islands.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Attorney General \nsuch sums as may be necessary to carry out this Act.\n\nSEC. 7. OFFICE.\n\n There is established within the Department of Justice a national \nmedal office. The office shall staff the Medal of Valor Review Board \nand establish criteria and procedures for the submission of \nrecommendations of nominees for the Medal of Valor.\n\nSEC. 8. CONFORMING REPEAL.\n\n Section 15 of the Federal Fire Prevention and Control Act of 1974 \nis repealed.\n\nSEC. 9. CONSULTATION REQUIREMENT.\n\n The Attorney General shall consult with the Institute of Heraldry \nwithin the Department of Defense regarding the design and artistry of \nthe Medal of Valor. The Attorney General shall also consider \nsuggestions received by the Department of Justice regarding the design \nof the medal, including those made by persons not employed by the \nDepartment.\n\n Passed the House of Representatives September 9, 1998.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board , for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office . Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service. Directs the Attorney General to: (1) consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor. And (2) consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department.","title":"Public Safety Officer Medal of Valor Act of 1998","text_len":7367,"sum_len":1266} {"bill_id":"113_hr4909","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Permanent Families for All Children \nAct''.\n\nSEC. 2. 3-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE \n MAINTENANCE PAYMENTS FOR CHILD NOT IN A LEGAL \n GUARDIANSHIP OR KINSHIP GUARDIANSHIP ARRANGEMENT.\n\n Section 474 of the Social Security Act (42 U.S.C. 674) is amended \nby adding at the end the following:\n ``(h) Limitation on Number of Months for Which Foster Care \nMaintenance Payments Made on Behalf of a Child Not in a Legal \nGuardianship or Kinship Guardianship Arrangement May Be Reimbursed.--\nNotwithstanding any other provision of this part, a foster care \nmaintenance payment made on behalf of a child shall not be taken into \naccount for purposes of this section after such a payment has been made \non behalf of the child for 36 months (whether or not consecutive) \nending after the effective date of this subsection, unless the child is \nin a legal guardianship or kinship guardianship arrangement.''.\n\nSEC. 3. 1-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE \n MAINTENANCE PAYMENTS FOR CHILD IN CHILD-CARE INSTITUTION.\n\n Section 474 of the Social Security Act (42 U.S.C. 674), as amended \nby section 2 of this Act, is amended by adding at the end the \nfollowing:\n ``(i) Limitation on Number of Months for Which Foster Care \nMaintenance Payments Made to Child-Care Institutions on Behalf of a \nChild May Be Reimbursed.--Notwithstanding any other provision of this \npart, a foster care maintenance payment made to a child-care \ninstitution on behalf of a child residing in the institution shall not \nbe taken into account for purposes of this section after such a payment \nhas been made to 1 or more such institutions on behalf of the child for \n12 months (whether or not consecutive) ending after the effective date \nof this subsection.''.\n\nSEC. 4. ELIMINATION OF AFDC ELIGIBILITY REQUIREMENT FOR FOSTER CARE \n MAINTENANCE PAYMENTS.\n\n (a) Elimination of Income Eligibility Requirement.--\n (1) In general.--Section 472(a) of the Social Security Act \n (42 U.S.C. 672(a)) is amended--\n (A) in paragraph (1), by striking ``if'' and all \n that follows and inserting ``if the removal and foster \n care placement met, and the placement continues to \n meet, the requirements of paragraph (2).''; and\n (B) by striking paragraphs (3) and (4).\n (2) Conforming amendments.--\n (A) Section 470 of such Act (42 U.S.C. 670) is \n amended by striking ``who otherwise would have been \n eligible for assistance under the States plan approved \n under part A (as such plan was in effect on June 1, \n 1995)''.\n (B) Section 479B(c)(1)(C)(ii) of such Act (42 \n U.S.C. 679c(c)(1)(C)(ii)) is amended--\n (i) by striking ``the following shall \n apply:'' and all that follows through ``Only'' \n and inserting ``only''; and\n (ii) by striking subclause (II).\n (b) Replacement of Federal Matching Rate Applicable to Foster Care \nMaintenance Payments and Related Costs.--\n (1) In general.--Section 474(a)(1) of such Act (42 U.S.C. \n 674(a)(1)) is amended to read as follows:\n ``(1) an amount equal to the foster care partnership rate \n applicable to the State for the quarter, as determined under \n subsection (k), of the total amount expended during the quarter \n as foster care maintenance payments under section 472 for \n children in foster family homes or child-care institutions (or, \n with respect to such payments made during the quarter under a \n cooperative agreement or contract entered into by the State and \n an Indian tribe, tribal organization, or tribal consortium for \n the administration or payment of funds under this part, an \n amount equal to the Federal medical assistance percentage (as \n defined in section 1905(b)) that would apply under section \n 479B(d) (in this paragraph referred to as the `tribal FMAP') if \n the Indian tribe, tribal organization, or tribal consortium \n made such payments under a program operated under that section, \n unless the tribal FMAP is less than the Federal medical \n assistance percentage that applies to the State); plus''.\n (2) Foster care partnership rate.--Section 474 of such Act \n (42 U.S.C. 674), as amended by sections 2 and 3 of this Act, is \n amended by adding at the end the following:\n ``(k) The Secretary, in consultation with a State, shall determine \nthe foster care partnership rate applicable to the State for a quarter \nso that the total of the amounts payable to the State under subsection \n(a)(1) for the fiscal year in which the quarter occurs equals the total \nof the amounts required to be paid to the State under subsection (a)(1) \n(as in effect just before the 1st quarter for which this subsection is \nin effect with respect to the State) for the 4 quarters preceding such \n1st quarter.''.\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect on the 1st \n day of the 1st calendar quarter that begins after the date of \n the enactment of this Act.\n (2) State option to delay effective date.--A State may \n elect to delay the effectiveness of the amendments made by this \n section with respect to the State for not more than 3 years.\n\nSEC. 5. ELIGIBILITY OF CHILD IN RESIDENTIAL TREATMENT PROGRAM FOR HALF \n OF REGULAR FOSTER CARE MAINTENANCE PAYMENTS.\n\n Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is \namended by inserting ``, except that, while the child is in a \nresidential treatment program, the payments may continue to be made on \nbehalf of the child at 50 percent of the level at which the payments \nthat would otherwise be made'' before the period.\n\nSEC. 6. EFFECTIVE DATE.\n\n (a) In General.--Except as otherwise provided in this Act, the \namendments made by this Act shall take effect on the 1st day of the \n12th month beginning on or after the date of the enactment of this Act, \nand shall apply to payments under part E of title IV of the Social \nSecurity Act for calendar quarters ending on or after such date.\n (b) Delay Permitted if State Legislation Required.--If the \nSecretary of Health and Human Services determines that State \nlegislation (other than legislation appropriating funds) is required in \norder for a State plan developed pursuant to part E of title IV of the \nSocial Security Act to meet the additional requirements imposed by the \namendments made by this Act, the plan shall not be regarded as failing \nto meet any of the additional requirements before the 1st day of the \n1st calendar quarter ending after the first regular session of the \nState legislature that begins after the date of the enactment of this \nAct. For purposes of the preceding sentence, if the State has a 2-year \nlegislative session, each year of the session is deemed to be a \nseparate regular session of the State legislature.\n\nSEC. 7. INCREASED FUNDING FOR CASEWORKER TRAINING ON CHILD-FOCUSED \n RECRUITMENT AND RETENTION.\n\n The Secretary of Health and Human Services shall increase the \nproportion of the amounts expended by a State for caseworker training \non child-focused recruitment and retention with respect to which the \nState is entitled to a payment under section 474(a)(3)(B) of the Social \nSecurity Act for each of fiscal years 2015 through 2019, so that the \naggregate of the additional amounts required to be paid by reason of \nthis section for the fiscal year involved equals the amount that the \nDirector of the Office of Management and Budget determines is the net \namount of reduced mandatory spending for the fiscal year as a result of \nthe enactment of the preceding provisions of this Act.\n\nSEC. 8. UNUSED SAVINGS TO BE SPENT ON CHILD WELFARE PROGRAMS.\n\n The amount specified in section 425 of the Social Security Act for \neach of fiscal years 2015 through 2019 shall be increased by the \nsavings from the preceding provisions of this Act for the then \npreceding fiscal year, as computed using the most recent baseline of \nthe Congressional Budget Office.\n\nSEC. 9. PUBLIC SERVICE LOAN FORGIVENESS FOR SOCIAL WORKERS.\n\n Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. \n1087e(m)) is amended by adding at the end the following:\n ``(5) Loan cancellation for certain social workers.--In the \n case of a borrower who works in social work in a public child \n or family service agency, paragraph (1) shall be applied--\n ``(A) by substituting `60' for `120' both places it \n appears; and\n ``(B) by striking `after October 1, 2007' and \n inserting `after the date of enactment of the Permanent \n Families for All Children Act'.''.","summary":"Permanent Families for All Children Act - Amends part E of title IV of the Social Security Act to: limit to 36 the number of months for which foster care maintenance payments made on behalf of a child not in a legal guardianship or kinship guardian arrangement may be reimbursed. Limit to 12 the number of months for which foster care maintenance payments made to child-care institutions on behalf of a child residing in the institution may be reimbursed. Eliminate the Aid to Families with Dependent Children (AFDC) income eligibility requirement for foster care maintenance payments. Replace the federal medical assistance percentage for foster care maintenance payments and related costs in a state with a foster care partnership rate for the quarter determined by the Secretary of Health and Human Services (HHS). And make children in residential treatment programs eligible for 50 of regular foster care maintenance payments. Directs the Secretary to increase the proportion of the amounts expended by a state for caseworker training on child-focused recruitment and retention. Increases the amount of spending for child welfare programs by the unused savings resulting from this Act. Amends the Higher Education Act of 1965 to authorize the cancellation of Federal Direct Student Loans for a social worker employed in a public child or family service agency after the social worker has made 60 monthly payments on the eligible loan after the enactment of this Act.","title":"Permanent Families for All Children Act","text_len":9256,"sum_len":1470} {"bill_id":"106_hr2866","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``PAC Limitation Act of 1999''.\n\n TITLE I--REFORMING CAMPAIGN FINANCE LAWS\n\nSEC. 101. BAN ON POLITICAL ACTION COMMITTEE CONTRIBUTIONS TO CANDIDATES \n IN ELECTIONS FOR FEDERAL OFFICE.\n\n Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. \n431 et seq.) is amended by adding at the end the following new section:\n\n ``ban on contributions to candidates by political action committees\n\n ``Sec. 323. (a) In General.--Notwithstanding any other provision of \nthis Act, no political action committee may make any contribution to \nany candidate or any authorized committee of the candidate with respect \nto any election for Federal office.\n ``(b) Political Action Committee Defined.--In this section, the \nterm `political action committee' means any political committee which \nis not--\n ``(1) an authorized committee of a candidate; or\n ``(2) a national, State, local, or district committee of a \n political party, including any subordinate committee \n thereof.''.\n\nSEC. 102. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS \n FROM SOURCES OUTSIDE THE DISTRICT.\n\n Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441a) is amended by adding at the end the following new subsection:\n ``(i) A candidate for the office of Representative in, or Delegate \nor Resident Commissioner to, the Congress may not, with respect to a \nreporting period for an election, accept contributions from all sources \noutside the congressional district involved totaling in excess of the \ntotal of contributions accepted from individual residents of the \ncongressional district involved.''.\n\nSEC. 103. LIMITATION ON ACCEPTANCE OF SOFT MONEY BY NATIONAL AND \n CONGRESSIONAL COMMITTEES OF POLITICAL PARTIES.\n\n Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. \n431 et seq.), as amended by section 101, is amended by adding at the \nend the following new section:\n\n``limitation on acceptance of soft money by national and congressional \n committees of political parties\n\n ``Sec. 324. A national committee of a political party and the \ncongressional campaign committees of a political party may not, in any \ncalendar year, accept more than $25,000 from any single person in \ncontributions or transfers that are not otherwise subject to the \nlimitations, prohibitions, and reporting requirements of this Act.''.\n\nSEC. 104. REPORTS ON FEDERAL POLITICAL ADVERTISEMENTS CARRIED BY RADIO \n STATIONS, TELEVISION STATIONS, AND CABLE SYSTEMS.\n\n Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. \n431 et seq.), as amended by sections 101 and 103, is further amended by \nadding at the end the following new section:\n\n ``reports on federal political advertisements carried by radio \n stations, television stations, and cable systems\n\n ``Sec. 325. At such times and in such manner as the Commission \nshall prescribe by regulation, each operator of a radio broadcasting \nstation, television broadcasting station, or cable system shall report \nto the Commission the identity of each advertiser, the cost, the \nduration, and other appropriate information with respect to each \nFederal political advertisement carried by the station or system, \nincluding any advertisement advocating the passage or defeat of Federal \nlegislation, any advertisement advocating the election or defeat of a \ncandidate for Federal office, and any advertisement characterizing the \npositions taken by such a candidate.''.\n\nSEC. 105. EFFECTIVE DATE.\n\n The amendments made by this title shall take effect on January 1, \n2000.\n\n TITLE II--WORKER PAYCHECK FAIRNESS\n\nSEC. 201. FINDINGS.\n\n The Congress finds the following:\n (1) Workers who pay dues or fees to a labor organization \n may not, as a matter of law, be required to pay to that \n organization any dues or fees supporting activities that are \n not necessary to performing the duties of the exclusive \n representative of the employees in dealing with the employer on \n labor-management issues.\n (2) Many labor organizations use portions of the dues or \n fees they collect from the workers they represent for \n activities that are not necessary to performing the duties of \n the exclusive representative of the employees in dealing with \n the employer on labor-management issues. These dues may be used \n to support political, social, or charitable causes or many \n other noncollective bargaining activities. Unfortunately, many \n workers who pay such dues or fees have insufficient information \n both about their rights regarding the payment of dues or fees \n to a labor organization and about how labor organizations spend \n employee dues or fees.\n (3) It is a fundamental tenet of this Nation that all men \n and women have a right to make individual and informed choices \n about the political, social, or charitable causes they support, \n and the law should protect that right to the greatest extent \n possible.\n\nSEC. 202. PURPOSE.\n\n The purpose of this title is to ensure that all workers have \nsufficient information about their rights regarding the payment of dues \nor fees to labor organizations and the uses of employee dues and fees \nby labor organizations and that the right of all workers to make \nindividual and informed choices about the political, social, or \ncharitable causes they support is protected to the greatest extent \npossible.\n\nSEC. 203. WRITTEN CONSENT.\n\n (a) In General.--\n (1) Authorization.--A labor organization accepting payment \n of any dues or fees from an employee as a condition of \n employment pursuant to an agreement authorized by Federal law \n must secure from each employee prior, voluntary, written \n authorization for any portion of such dues or fees which will \nbe used for activities not necessary to performing the duties of the \nexclusive representative of the employees in dealing with the employer \non labor-management issues.\n (2) Requirements.--Such written authorization shall clearly \n state that an employee may not be required to provide such \n authorization and that if such authorization is provided, the \n employee agrees to allow any dues or fees paid to the labor \n organization to be used for activities which are not necessary \n to performing the duties of exclusive representation and which \n may be political, social, or charitable in nature.\n (b) Revocation.--An authorization described in subsection (a) shall \nremain in effect until revoked. Such revocation shall be effective upon \n30 days written notice.\n (c) Civil Action by Employees.--\n (1) Liability.--Any labor organization which violates this \n section or section 206 shall be liable to the affected \n employee--\n (A) for damages equal to--\n (i) the amount of the dues or fees accepted \n in violation of this section;\n (ii) the interest on the amount described \n in clause (i) calculated at the prevailing \n rate; and\n (iii) an additional amount as liquidated \n damages equal to the sum of the amount \n described in clause (i) and the interest \n described in clause (ii); and\n (B) for such equitable relief as may be \n appropriate.\n (2) Right of action.--An action to recover the damages or \n equitable relief prescribed in paragraph (1) may be maintained \n against any labor organization in any Federal or State court of \n competent jurisdiction by any one or more employees for and in \n behalf of--\n (A) the employees; or\n (B) the employees and other employees similarly \n situated.\n (3) Fees and costs.--The court in such action shall, in \n addition to any judgment awarded to the plaintiff, allow a \n reasonable attorney's fee, reasonable expert witness fees, and \n other costs of the action to be paid by the defendant.\n (4) Limitation.--An action may be brought under this \n subsection not later than 2 years after the date the employee \n knew or should have known that dues or fees were accepted or \n spent by a labor organization in violation of this title, \n except that such period shall be extended to 3 years in the \n case of a willful violation.\n\nSEC. 204. NOTICE.\n\n An employer whose employees are represented by a collective \nbargaining representative shall be required to post a notice, of such \nsize and in such form as the Department of Labor shall prescribe, in \nconspicuous places in and about its plants and offices, including all \nplaces where notices to employees are customarily posted, informing \nemployees that any labor organization accepting payment of any dues or \nfees from an employee as a condition of employment pursuant to an \nagreement authorized by Federal law must secure from each employee \nprior, written authorization if any portion of such dues or fees will \nbe used for activities not necessary to performing the duties of the \nexclusive representative of the employees in dealing with the employer \non labor-management issues.\n\nSEC. 205. DISCLOSURE TO WORKERS.\n\n (a) Expenses Reporting.--Section 201(b) of the Labor-Management \nReporting and Disclosure Act of 1959 is amended by adding at the end \nthe following new sentence: ``Every labor organization shall be \nrequired to attribute and report expenses in such detail as necessary \nto allow members to determine whether such expenses were necessary to \nperforming the duties of the exclusive representative of the employees \nin dealing with the employer on labor-management issues.''\n (b) Disclosure.--Section 201(c) of the Labor-Management Reporting \nand Disclosure Act of 1959 is amended--\n (1) by inserting ``and employees required to pay any dues \n or fees to such organization'' after ``members''; and\n (2) by inserting ``or employee required to pay any dues or \n fees to such organization'' after ``member'' each place it \n appears.\n (c) Written Requests.--Section 205(b) of the Labor-Management \nReporting and Disclosure Act of 1959 is amended by adding at the end \nthe following new sentence: ``Upon written request, the Secretary shall \nmake available complete copies of any report or other document filed \npursuant to section 201.''.\n\nSEC. 206. RETALIATION AND COERCION PROHIBITED.\n\n It shall be unlawful for any labor organization to coerce, \nintimidate, threaten, interfere with, or retaliate against any employee \nin the exercise of, or on account of having exercised, any right \ngranted or protected by this title.\n\nSEC. 207. REGULATIONS.\n\n The Secretary of Labor shall prescribe such regulations as are \nnecessary to carry out section 204 not later than 60 days after the \nenactment of this title and shall prescribe such regulations as are \nnecessary to carry out the amendments made by section 205 not later \nthan 120 days after the enactment of this title.\n\nSEC. 208. EFFECTIVE DATE AND APPLICATION.\n\n This title shall be effective immediately upon enactment, except \nthat sections 203 and 204 pertaining to worker consent and notice shall \ntake effect 90 days after enactment and section 205 pertaining to \ndisclosure shall take effect 150 days after enactment.","summary":"Title II: Worker Paycheck Fairness - Outlines worker rights with regard to the payment of dues or fees to labor organizations, requiring the following: (1) prior, voluntary written authorization for any portion of such dues or fees used for activities not necessary to performing the duties of the employee's exclusive representative in dealing with the employer on labor management issues. And (2) posting of notices to that effect by an employer with employees represented by a collective bargaining representative. Provides for civil actions by employees against labor organizations for violations involving written consent and for retaliation and coercion with regard to any employee who exercises any such right under this title. Amends the Labor-Management Reporting and Disclosure Act of 1959 to do the following: (1) require certain expense reporting by labor organizations to allow members to determine the necessity of such expenses in the performance of the duties of the employee's exclusive representative in dealing with the employer on labor-management issues. And (2) require the Secretary of Labor to make available complete copies of reports by labor organizations, including annual financial reports or other related documents upon written request.","title":"PAC Limitation Act of 1999","text_len":11897,"sum_len":1267} {"bill_id":"112_hr2912","text":"SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA.\n\n (a) Findings; Purposes.--\n (1) Findings.--Congress finds as follows:\n (A) Lands managed by the Bureau of Land Management \n in the San Juan Archipelago, Washington State, \n comprising nearly 1,000 acres of small islands, rocks \n and reef, headlands, historic lighthouses, and \n ecologically important areas are of great value to the \n people of Washington State and the Nation.\n (B) These areas provide recreational opportunities \n for hiking, wildlife viewing, boating, picnicking, \n photography, sea kayaking, and camping and are enjoyed \n by residents of the area and visitors. In 2010, these \n lands in the San Juan Islands National Conservation \n Area received more than 65,000 visitors in a county \n with a population at that time of 15,769 residents.\n (C) These areas preserve important local, national, \n and tribal cultural and historic sites. Lighthouses on \n Patos Island, Turn Point, and Cattle Point are \n registered as State Historic Structures. Numerous \n archaeological sites exist, including shell middens, \n plank-house sites, and burial markers. Areas of \n cultural importance include ancient Coast Salish camas \n cultivation sites, homesteads, reef-net sites, and \n settler cabins.\n (D) These areas include vanishing coastal flower \n meadows, spruce bogs, groves of Garry oaks and endemic \n coastal junipers, and other rare and fragile ecosystems \n that support numerous plant species and provide nesting \n habitat for seabirds, songbirds, bats, and other small \n native mammals.\n (E) These areas are used by several non-profit, \n government, and educational organizations for \n scientific research and education, including the San \n Juan Islands Experimental Education Outdoor Classroom.\n (F) Establishment of the San Juan Islands National \n Conservation Area is the best way to preserve, protect, \n enhance, and restore this local and nationally \n important landscape.\n (2) Purposes.--The purposes of this Act are--\n (A) to conserve, protect, and enhance for the \n benefit and enjoyment of present and future generations \n the ecological, scenic, wildlife, recreational, \n cultural, historical, natural, educational, and \n scientific resources of the National Conservation Area; \n and\n (B) to protect each species that is--\n (i) located in the National Conservation \n Area; and\n (ii) listed as a threatened or endangered \n species on the list of threatened species or \n the list of endangered species published under \n section 4(c)(1) of the Endangered Species Act \n of 1973 (16 U.S.C. 1533(c)(1)).\n (b) Definitions.--In this Act:\n (1) Management plan.--The term ``management plan'' means \n the management plan for the National Conservation Area \n developed by the Secretary under subsection (d).\n (2) National conservation area.--The term ``National \n Conservation Area'' means the San Juan Islands National \n Conservation Area that--\n (A) consists of approximately 1,000 acres of public \n land in the Washington State, as generally depicted on \n the map entitled ``Proposed San Juan Islands National \n Conversation Area'' and dated June 30, 2011; and\n (B) is established by subsection (c).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (c) Establishment.--Subject to valid existing rights, there is \nestablished in the State of Washington the San Juan Islands National \nConservation Area.\n (d) Management Plan.--\n (1) In general.--Not later than 3 years after the date of \n the enactment of this Act and in accordance with paragraph (2), \n the Secretary shall develop a comprehensive plan for the long-\n term management of the National Conservation Area.\n (2) Consultation.--In developing the management plan \n required under paragraph (1), the Secretary shall consult \n with--\n (A) appropriate State, tribal, and local \n governmental entities; and\n (B) members of the public.\n (e) Management.--\n (1) In general.--The Secretary shall manage the National \n Conservation Area--\n (A) in a manner that conserves, protects, and \n enhances the resources of the National Conservation \n Area; and\n (B) in accordance with--\n (i) the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1701 et seq.);\n (ii) this Act; and\n (iii) any other applicable law (including \n regulations).\n (2) Uses.--The Secretary shall only allow uses of the \n National Conservation Area that the Secretary determines would \n further a purpose described in subsection (a).\n (3) Motorized vehicles.--Except when needed for \n administrative purposes, or to respond to an emergency, the use \n of motorized vehicles in the National Conservation Area shall \n be permitted only on roads designated by the management plan \n for the use of motorized vehicles.\n (4) Wildland fire operations.--Nothing in this Act \n prohibits the Secretary, in cooperation with other Federal, \n State, and local agencies, as appropriate, from conducting \n wildland fire operations in the National Conservation Area, \n consistent with the purposes of this Act.\n (5) Invasive species and noxious weeds.--In accordance with \n any applicable laws and subject to such terms and conditions as \n the Secretary determines to be desirable and appropriate, the \n Secretary may prescribe measures to control nonnative invasive \n plants and noxious weeds within the National Conservation Area.\n (f) Tribal Cultural Uses.--The Secretary shall work in consultation \nwith Indian tribes to--\n (1) ensure the protection of religious and cultural sites \n in the Conservation Area; and\n (2) provide access to the sites by members of Indian tribes \n for traditional cultural and customary uses, consistent with \n Public Law 95-341 (commonly known as the ``American Indian \n Religious Freedom Act''; 42 U.S.C. 1996).\n (g) No Buffer Zones.--\n (1) In general.--Nothing in this Act creates a protective \n perimeter or buffer zone around the National Conservation Area.\n (2) Activities outside conservation area.--The fact that an \n activity or use on land outside the National Conservation Area \n can be seen or heard within the National Conservation Area \n shall not preclude the activity or use outside the boundary of \n the National Conservation Area.\n (3) Acquisition of land.--\n (A) In general.--The Secretary may acquire non-\n Federal land within the boundaries of the Conservation \n Area only through exchange, donation, or purchase from \n a willing seller.\n (B) Management.--Land acquired under subparagraph \n (A) shall become part of the Conservation Area.\n (h) Advisory Council.--\n (1) Establishment.--Not later than 180 days after the date \n of the enactment of this Act, the Secretary shall establish an \n advisory council, to be known as the ``San Juan Islands \n National Conservation Area Advisory Council''.\n (2) Duties.--The Council shall advise the Secretary with \n respect to the preparation and implementation of the management \n plan.\n (3) Members.--The Council shall include 7 members to be \n appointed by the Secretary. The members, to the extent \n practicable, shall--\n (A) reside in or within reasonable proximity to San \n Juan County, Washington;\n (B) have backgrounds that reflect--\n (i) the purposes for which the National \n Conservation Area was established; and\n (ii) the interests of the stakeholders that \n are affected by the planning and management of \n the National Conservation Area; and\n (C) be fairly balanced in terms of the points of \n view represented and the functions to be performed by \n the Council.\n (4) Applicable law.--The Council shall be subject to--\n (A) the Federal Advisory Committee Act (5 U.S.C. \n App.); and\n (B) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.).\n (5) Duration.--The Council shall terminate on the date that \n is 1 year from the date on which the management plan is adopted \n by the Secretary.\n (i) Incorporation of Acquired Land and Interests.--Any land \nacquired by the United States after the date of the enactment of this \nAct that is located in the National Conservation Area shall--\n (1) become part of the National Conservation Area; and\n (2) be managed in accordance with--\n (A) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.);\n (B) this Act; and\n (C) any other applicable law (including \n regulations).\n (j) Withdrawal.--\n (1) In general.--Subject to valid existing rights, all \n Federal land and interests in land located in the National \n Conservation Area are withdrawn from--\n (A) all forms of entry, appropriation, and disposal \n under the public land laws;\n (B) location, entry, and patenting under the mining \n laws; and\n (C) operation of the mineral leasing, mineral \n materials, and geothermal leasing laws.\n (2) Additional land.--Any land acquired by the United \n States after the date of the enactment of this Act that is \n located in the National Conservation Area shall be withdrawn \n from operation of the laws referred to in paragraph (1) on the \n date of acquisition of the land.\n\nSEC. 2. TREATY RIGHTS.\n\n Nothing in this Act alters, modifies, enlarges, diminishes, or \nabrogates the treaty rights of any Indian tribe.","summary":"Establishes the San Juan Islands National Conservation Area in the state of Washington. Directs the Secretary of the Interior to develop a comprehensive plan for the long-term management of the Conservation Area. Requires the Secretary to manage the Conservation Area in a manner to conserve, protect, and enhance the resources of such area. Authorizes the Secretary to prescribe measures for the control of nonnative invasive plants and noxious weeds within the Conservation Area. Instructs the Secretary to work with Indian tribes to ensure the protection of religious and cultural sites within the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses. Directs the Secretary to establish the San Juan Islands National Conservation Area Advisory Council to advise the Secretary on the preparation and implementation of the management plan.","title":"To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, and for other purposes.","text_len":11530,"sum_len":897} {"bill_id":"104_hr4137","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug-Induced Rape Prevention and \nPunishment Act of 1996''.\n\nSEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE WITH \n INTENT TO COMMIT A CRIME OF VIOLENCE.\n\n (a) Penalties for Distribution.--Section 401(b) of the Controlled \nSubstances Act is amended by adding at the end the following:\n ``(7) Penalties for distribution.--\n ``(A) In general.--Whoever, with intent to commit a crime of \n violence, as defined in section 16 of title 18, United States Code \n (including rape), against an individual, violates subsection (a) by \n distributing a controlled substance to that individual without that \n individual's knowledge, shall be imprisoned not more than 20 years \n and fined in accordance with title 18, United States Code.\n ``(B) Definition.--For purposes of this paragraph, the term \n `without that individual's knowledge' means that the individual is \n unaware that a substance with the ability to alter that \n individual's ability to appraise conduct or to decline \n participation in or communicate unwillingness to participate in \n conduct is administered to the individual.''.\n (b) Additional Penalties Relating to Flunitrazepam.--\n (1) General penalties.--Section 401 of the Controlled \n Substances Act (21 U.S.C. 841) is amended--\n (A) in subsection (b)(1)(C), by inserting ``, or 1 gram of \n flunitrazepam,'' after ``I or II''; and\n (B) in subsection (b)(1)(D), by inserting ``or 30 \n milligrams of flunitrazepam,'' after ``schedule III,''.\n (2) Import and export penalties.--\n (A) Section 1009(a) of the Controlled Substances Import and \n Export Act (21 U.S.C. 959(a)) is amended by inserting ``or \n flunitrazepam'' after ``I or II''.\n (B) Section 1010(b)(3) of the Controlled Substances Import \n and Export Act (21 U.S.C. 960(b)) is amended by inserting ``or \n flunitrazepam,'' after ``I or II,''.\n (C) Section 1010(b)(4) of the Controlled Substances Import \n and Export Act is amended by inserting ``(except a violation \n involving flunitrazepam)'' after ``III, IV, or V,''.\n (3) Sentencing guidelines.--\n (A) Amendment of sentencing guidelines.--Pursuant to its \n authority under section 994 of title 28, United States Code, \n the United States Sentencing Commission shall review and amend, \n as appropriate, the sentencing guidelines for offenses \n involving flunitrazepam.\n (B) Summary.--The United States Sentencing Commission shall \n submit to the Congress--\n (i) a summary of its review under subparagraph (A); and\n (ii) an explanation for any amendment to the sentencing \n guidelines made under subparagraph (A).\n (C) Serious nature of offenses.--In carrying out this \n paragraph, the United States Sentencing Commission shall ensure \n that the sentencing guidelines for offenses involving \n flunitrazepam reflect the serious nature of such offenses.\n (c) Increased Penalties for Unlawful Simple Possession of \nFlunitrazepam.--Section 404(a) of the Controlled Substances Act (21 \nU.S.C. 844(a)) is amended by inserting after ``exceeds 1 gram.'' the \nfollowing: ``Notwithstanding any penalty provided in this subsection, \nany person convicted under this subsection for the possession of \nflunitrazepam shall be imprisoned for not more than 3 years, shall be \nfined as otherwise provided in this section, or both.''.\n\nSEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM.\n\n (a) Study.--The Administrator of the Drug Enforcement \nAdministration shall, in consultation with other Federal and State \nagencies, as appropriate, conduct a study on the appropriateness and \ndesirability of rescheduling flunitrazepam as a Schedule I controlled \nsubstance under the Controlled Substances Act (21 U.S.C. 801 et seq.).\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Administrator shall submit to the Committees \non the Judiciary of the House of Representatives and the Senate the \nresults of the study conducted under subsection (a), together with any \nrecommendations regarding rescheduling of flunitrazepam as a Schedule I \ncontrolled substance under the Controlled Substances Act (21 U.S.C. 801 \net seq.).\n\nSEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.\n\n The Attorney General may--\n (1) create educational materials regarding the use of \n controlled substances (as that term is defined in section 102 of \n the Controlled Substances Act) in the furtherance of rapes and \n sexual assaults; and\n (2) disseminate those materials to police departments \n throughout the United States.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions by distributing a controlled substance to an individual without that individual's knowledge, with intent to commit a crime of violence against such individual. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam. And (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses. And (2) the Administrator of the Drug Enforcement Administration, in consultation with other Federal and State agencies as appropriate, to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States.","title":"Drug-Induced Rape Prevention and Punishment Act of 1996","text_len":5085,"sum_len":1463} {"bill_id":"108_hr1070","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Consumers' Assurance in \nMoving Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) There are approximately 1,500,000 interstate household \n moves every year and, while the vast majority of these \n interstate moves are completed successfully, consumer \n complaints have been increasing since the Interstate Commerce \n Commission was abolished in 1996 and oversight of the household \n goods industry was transferred to the Department of \n Transportation.\n (2) While the overwhelming majority of household goods \n carriers are honest and operate within the law, there appears \n to be a growing criminal element that is exploiting a perceived \n void in Federal and State enforcement efforts and who prey upon \n consumers.\n (3) The movement of an individual's household goods is \n unique from the movement of a commercial shipment. A consumer \n may utilize a moving company once or twice in his or her \n lifetime and entrust virtually all of his or her worldly goods \n to a mover.\n (4) Current Federal regulations allow for a household goods \n carrier found to be in violation of Federal law to be subject \n to civil penalties but provide no remedy for consumers who have \n been harmed by fraudulent or deceptive trade practices of a \n household goods mover.\n (5) Various courts have interpreted the ``Carmack'' \n amendment, related to a carrier's liability in loss and damage \n claims, to preclude States from pursuing any actions against \n interstate household goods carriers, including the application \n of consumer protection laws against fraudulent movers.\n (6) Federal resources are inadequate to properly police or \n deter, on a nationwide basis, those movers who willfully \n violate Federal regulations governing the household goods \n industry and knowingly prey on consumers who are in a \n vulnerable position. It is appropriate that a Federal-State \n partnership be created to enhance enforcement tools against \n fraudulent moving companies.\n (7) The Department of Transportation should provide greater \n information to consumers and review current consumer protection \n regulations, including insurance and loss and damage remedies \n relating to individual household goods moves, in order to \n recommend modifications to current Federal law and regulations \n relating to rights and liabilities of both consumers and \n household goods carriers.\n\nSEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD \n GOODS.\n\n (a) Nonpreemption of Intrastate Transportation of Household \nGoods.--Section 14501(c)(2)(B) of title 49, United States Code, is \namended by inserting ``intrastate'' before ``transportation''.\n (b) Enforcement of Consumer Protection With Respect to Interstate \nHousehold Goods Carriers.--Chapter 145 of title 49, United States Code, \nis amended by adding at the end the following:\n``Sec. 14506. Enforcement of consumer protection with respect to \n interstate household goods carriers\n ``(a) In General.--Notwithstanding any other provision of this \ntitle, an individual or a State or political subdivision of a State may \nenforce a consumer protection law, regulation, or other provision \n(having the force of law) of such State or political subdivision with \nrespect to the interstate transportation of household goods as defined \nin section 13102(a)(10)(A).\n ``(b) Prior Notification.--Before taking any action to enforce a \nconsumer protection law, regulation, or other provision of a State \nrelating to interstate transportation of household goods as defined in \nsection 13102(a)(10)(A) with respect to a motor carrier providing such \ntransportation, the State or a political subdivision of a State shall \nnotify, in writing, the Secretary of Transportation of its intention to \nenforce such law, regulation, or other provision with respect to such \ncarrier; except that, if it is not feasible for the State or political \nsubdivision to provide the prior notification, the State or political \nsubdivision shall provide the notification, in writing, immediately \nupon instituting such action.\n ``(c) Limitation on Statutory Construction.--Nothing in this \nsection shall be construed as authorizing a State or political \nsubdivision of a State to bring an enforcement action under a consumer \nprotection law, regulation, or other provision of the State relating to \ninterstate transportation of household goods as defined in section \n13102(a)(10)(A) with respect to an activity that is inconsistent with \nFederal laws and regulations relating to interstate transportation of \nhousehold goods.''.\n (c) Conforming Amendment.--The analysis for chapter 145 of such \ntitle is amended by adding at the end the following:\n\n``14506. Enforcement of consumer protection with respect to interstate \n household goods carriers.''.\n\nSEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO \n ENHANCE FEDERAL-STATE RELATIONS.\n\n (a) In General.--Not later than 90 days after the date of enactment \nof this Act, the Secretary of Transportation shall establish a working \ngroup of State attorneys general, State consumer protection \nadministrators, and Federal and local law enforcement officials for the \npurpose of developing practices and procedures to enhance the Federal-\nState partnership in enforcement efforts, exchange of information, and \ncoordination of enforcement efforts with respect to interstate \ntransportation of household goods and making legislative and regulatory \nrecommendations to the Secretary concerning such enforcement efforts.\n (b) Consultation.--In carrying out subsection (a), the working \ngroup shall consult with industries involved in the transportation of \nhousehold goods.\n\nSEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.\n\n (a) In General.--Chapter 149 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 14915. Holding household goods hostage\n ``(a) Holding Household Goods Hostage Defined.--For purposes of \nthis section, the term `holding household goods hostage' means the \nknowing and willful failure to deliver to, or unload at, the \ndestination of a shipment of household goods which is subject to \njurisdiction under subchapter I or III of chapter 135, for which \ncharges have been estimated by the motor carrier providing \ntransportation of such goods, and for which the maximum amount required \nto be paid at the time of delivery under regulations issued by the \nSecretary is 110 percent of such estimated charges.\n ``(b) Civil Penalty.--Whoever is found holding a household goods \nshipment hostage is liable to the United States for a civil penalty of \nnot less than $10,000. If such person is a carrier or broker, the \nSecretary of Transportation may suspend for a period of not less than 6 \nmonths the registration of such carrier or broker under chapter 139.\n ``(c) Criminal Penalty.--Whoever has been convicted of holding \nhousehold goods hostage shall be fined under title 18 or imprisoned not \nmore than 2 years, or both.''.\n (b) Conforming Amendment.--The analysis for such chapter is amended \nby adding at the end the following:\n\n``14915. Holding household goods hostage.''.\n\nSEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall take such action as may be necessary \nto ensure that publication OCE 100 of the Department of Transportation, \nentitled ``Your Rights and Responsibilities When You Move'', is \nprominently displayed, and available in language that is readily \nunderstandable by the general public, on the Web site of the Department \nof Transportation.\n\nSEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION \n RELATED WEB SITES.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall modify the regulations contained in \npart 375 of title 49, Code of Federal Regulations, to require a motor \ncarrier or broker that is subject to such regulations and that \nestablishes and maintains a Web site to prominently display on the Web \nsite--\n (1) the Department of Transportation number of the motor \n carrier or broker;\n (2) the OCE 100 publication referred to in section 6; and\n (3) in the case of a broker, a list of all motor carriers \n providing transportation of household goods used by the broker \n and a statement that the broker is not a motor carrier \n providing transportation of household goods.\n\nSEC. 8. CONSUMER COMPLAINT DATA BASE.\n\n (a) Establishment of System.--Not later than 1 year after the date \nof enactment of this Act, the Secretary of Transportation shall--\n (1) establish a system for filing and logging consumer \n complaints relating to motor carriers providing transportation \n of household goods and for compiling complaint information \n gathered by the States with regard to such carriers, a database \n of the complaints, and a procedure for the public to have \n access to the database and for carriers to challenge \n information in the database; and\n (2) issue regulations requiring motor carriers of household \n goods to submit on a semi-annual basis reports summarizing--\n (A) the number and general category of complaints \n lodged by consumers;\n (B) the number of claims filed for loss and damage, \n including the aggregate amount of claims; and\n (C) the number of claims resolved during the \n reporting period and the aggregate amount of claims \n paid by the carrier.\n (b) Use of Information.--In determining which motor carriers \nproviding transportation of household goods should be subject to a \ncommercial investigation, the Secretary of Transportation shall \nconsider information in the data base established under subsection (a).\n\nSEC. 9. INSURANCE REGULATIONS.\n\n (a) Review.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary of Transportation shall undertake a review of \nthe current Federal regulations regarding insurance coverage provided \nby motor carriers providing transportation of household goods and \nrevise such regulations in order to provide enhanced protection for \nshippers in the case of loss or damage as determined necessary.\n (b) Determinations.--The review shall include, but not be limited \nto, a determination of--\n (1) whether the current regulations provide adequate \n protection for shippers;\n (2) whether an individual shipper should purchase insurance \n as opposed to the carrier; and\n (3) whether there are abuses of the current regulations \n that leave the shipper unprotected in loss and damage claims.\n\nSEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS.\n\n Section 14901(d) of title 49, United States Code, is amended--\n (1) by striking ``If a carrier'' and inserting the \n following:\n ``(1) In general.--If a carrier''; and\n (2) by adding at the end the following:\n ``(2) Estimate of broker without carrier agreement.--If a \n broker for transportation of household goods subject to \n jurisdiction under subchapter I of chapter 135 makes an \n estimate of the cost of transporting any such goods before \n entering into an agreement with a carrier to provide \n transportation of household goods subject to such jurisdiction, \n the broker is liable to the United States for a civil penalty \n of not less than $10,000 for each violation.\n ``(3) Unauthorized transportation.--If a person provides \n transportation of household goods subject to jurisdiction under \n subchapter I of chapter 135 or provides broker services for \n such transportation without being registered under chapter 139 \n to provide such transportation or services as a motor carrier \n or broker, as the case may be, such person is liable to the \n United States for a civil penalty of not less than $25,000 for \n each violation.''.\n\nSEC. 11. PROGRESS REPORT.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall transmit to Congress a report on the \nprogress being made in implementing this Act.","summary":"Securing Consumers' Assurance in Moving Act of 2003 - Amends Federal transportation law to provide that Federal regulations covering the transportation of household goods by motor private carriers shall not preempt State regulation of intrastate transportation of household goods by such carriers. Authorizes an individual or a State or local government to enforce a consumer protection law, regulation, or other provision with respect to the interstate transportation of household goods by a motor private carrier. Establishes a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials to develop practices and procedures to enhance the Federal-State partnership in enforcement efforts with respect to interstate transportation of household goods by motor private carriers. Sets forth both civil and criminal penalties for persons found holding a household goods shipment hostage . Requires: (1) publication OCE 100 of the Department of Transportation (DOT), entitled Your Rights and Responsibilities When You Move be prominently displayed on the DOT Web site. And (2) motor carriers or brokers that maintain a web site to display certain household goods information. Establishes a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods. Requires the Secretary to review current Federal regulations regarding insurance coverage provided by a motor carrier providing transportation of household goods and to revise such regulations in order to enhance protection for shippers in the case of loss or damage. Provides civil penalties for a broker for transportation of household goods that: (1) makes an estimate of transportation costs of such goods before entering into a carrier agreement, or (2) provides services for such transportation without being registered.","title":"To amend title 49, United States Code, relating to improving transportation and security of household goods, and for other purposes.","text_len":12935,"sum_len":1906} {"bill_id":"113_hr5094","text":"SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF \n DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) In General.--Chapter 7 of title 38, United States Code, is \namended by adding at the end the following new section:\n``Sec. 714. Recoupment of bonuses or awards paid to employees of \n Department\n ``(a) Recoupment.--Notwithstanding any other provision of law, the \nSecretary may issue an order directing an employee of the Department to \nrepay the amount, or a portion of the amount, of any award or bonus \npaid to the employee under title 5, including under chapters 45 or 53 \nof such title, or this title if--\n ``(1) the Secretary determines such repayment appropriate \n pursuant to regulations prescribed by the Secretary to carry \n out this section; and\n ``(2) the employee is afforded notice and an opportunity \n for a hearing conducted by the Secretary.\n ``(b) Review.--The decision of the Secretary regarding a repayment \nby an employee pursuant to subsection (a) is final and may not be \nreviewed by any other agency or any court.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``714. Recoupment of bonuses or awards paid to employees of \n Department.''.\n (c) Effective Date.--Section 714 of title 38, United States Code, \nas added by subsection (a), shall apply with respect to an award or \nbonus paid by the Secretary of Veterans Affairs to an employee of the \nDepartment of Veterans Affairs before, on, or after the date of the \nenactment of this Act.\n (d) Construction.--Nothing in this Act or the amendments made by \nthis Act may be construed to modify the certification issued by the \nOffice of Personnel Management and the Office of Management and Budget \nregarding the performance appraisal system of the Senior Executive \nService of the Department of Veterans Affairs.\n\nSEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS \n CONCERNS OWNED AND CONTROLLED BY VETERANS.\n\n (a) In General.--Section 8127 of title 38, United States Code, is \namended--\n (1) by redesignating subsection (l) as subsection (m); and\n (2) by inserting after subsection (k) the following new \n subsection (l):\n ``(l) Limitations on Subcontracting.--(1)(A) The requirements \napplicable to a covered small business concern under section 46 of the \nSmall Business Act (15 U.S.C. 657s) shall apply with respect to a small \nbusiness concern owned and controlled by a veteran with a service-\nconnected disability or a small business concern owned and controlled \nby a veteran that is awarded a contract that is counted for purposes of \nmeeting the goals under subsection (a).\n ``(B) For purposes of applying the requirements of section 46 of \nthe Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), \nthe term `similarly situated entity' used in such section 46 includes a \nsubcontractor for a small business concern owned and controlled by a \nveteran with a service-connected disability or a small business concern \nowned and controlled by a veteran described in such subparagraph (A).\n ``(2) Before awarding a contract that is counted for purposes of \nmeeting the goals under subsection (a), the Secretary shall obtain from \nan offeror a certification that the offeror will comply with the \nrequirements described in paragraph (1)(A) if awarded the contract. \nSuch certification shall--\n ``(A) specify the exact performance requirements applicable \n under such paragraph; and\n ``(B) explicitly acknowledge that the certification is \n subject to section 1001 of title 18.\n ``(3) If the Secretary determines that a small business concern \nthat is awarded a contract that is counted for purposes of meeting the \ngoals under subsection (a) did not act in good faith with respect to \nthe requirements described in paragraph (1)(A), the small business \nconcern shall be subject to the penalties specified in--\n ``(A) section 16(g)(1) of the Small Business Act (15 U.S.C. \n 645(g)(1)); and\n ``(B) section 1001 of title 18.\n ``(4)(A) The Director of Small and Disadvantaged Business \nUtilization for the Department, established pursuant to section 15(k) \nof the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition \nOfficer of the Department, established pursuant to section 1702 of \ntitle 41, shall jointly implement a process using the systems described \nin section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or \nany other systems available, to monitor compliance with this \nsubsection. The Director and the Chief Acquisition Officer shall \njointly refer any violations of this subsection to the Inspector \nGeneral of the Department.\n ``(B) Not later than November 30 of each year, the Inspector \nGeneral shall submit to the Committees on Veterans' Affairs of the \nSenate and House of Representatives a report for the fiscal year \npreceding the fiscal year during which the report is submitted that \nincludes, for the fiscal year covered by the report--\n ``(i) the number of referred violations received under \n subparagraph (A); and\n ``(ii) the disposition of such referred violations, \n including the number of small business concerns suspended or \n debarred from Federal contracting or referred to the Attorney \n General for prosecution.''.\n (b) Effective Date.--Subsection (l) of section 8127 of title 38, \nUnited States Code, as added by subsection (a) shall apply with respect \nto a contract entered into after the date of the enactment of this Act.\n\nSEC. 3. REVIEW OF LISTS OF FORMER PRISONERS OF WAR.\n\n (a) Review of Lists of Prisoners of War.--The Secretary of Veterans \nAffairs shall review the VA POW list and the DOD POW list to identify \nany discrepancies in such lists.\n (b) Inspector General Review of Process.--The Inspector General of \nthe Department of Veterans Affairs shall review the process by which \nthe Secretary determines that a veteran is a former prisoner of war, \nincluding whether the Secretary is following guidelines established by \nthe Secretary to determine that a veteran is a former prisoner of war.\n (c) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto Congress a report on the VA POW list, including the following:\n (1) Any discrepancies, by period of conflict, in the number \n of prisoners of war included on the VA POW list and the DOD POW \n list.\n (2) With respect to veterans included on the VA POW list \n who are not included on the DOD POW list, information regarding \n how such determinations were made, including what types of \n evidence were used, in a manner that does not personally \n identify such veterans.\n (3) The results of the review of the Inspector General \n under subsection (b), without change.\n (d) Definitions.--In this section:\n (1) The term ``DOD POW list'' means the list maintained by \n the Secretary of Defense, acting through the Defense Prisoner \n of War\/Missing Personnel Office, of members of the Armed Forces \n who were prisoners of war.\n (2) The term ``VA POW list'' means the list maintained by \n the Secretary of Veterans Affairs of veterans whom the \n Secretary determines are former prisoners of war.\n\nSEC. 4. LIMITATION ON EXPANSION OF DIALYSIS PILOT PROGRAM.\n\n (a) Limitation.--The Secretary of Veterans Affairs shall not expand \nthe dialysis pilot program or create any new dialysis capability \nprovided by the Department of Veterans Affairs in any facility that is \nnot an initial facility until after the date that--\n (1) the Secretary has implemented the dialysis pilot \n program at each initial facility for a period of not less than \n two years;\n (2) an independent analysis of the dialysis pilot program \n has been conducted at each initial facility; and\n (3) the report required by subsection (b) has been \n submitted.\n (b) Report.--Not later than 60 days after the date of the \ncompletion of the independent analysis required by subsection (a)(2), \nthe Secretary shall submit to Congress a report that--\n (1) includes the results of that independent analysis, \n including a comparison of not only cost but non-cost factors \n such as access to care, quality of care, and Veteran \n satisfaction; and\n (2) addresses any recommendations with respect to the \n dialysis pilot program provided in a report prepared by the \n Government Accountability Office.\n (c) Use of Existing Dialysis Resources.--In order to increase the \naccess of veterans to dialysis care and decrease the amount of time \nsuch veterans are required to travel to receive such care, the \nSecretary shall fully use the dialysis resources of the Department that \nexist as of the date of the enactment of this Act, including any \ncommunity dialysis provider with which the Secretary has entered into a \ncontract or agreement for the provision of such care.\n (d) Definitions.--In this section:\n (1) The term ``dialysis pilot program'' means the pilot \n demonstration program established by the Secretary in 2009 to \n provide dialysis care to patients at certain outpatient \n facilities operated by the Department of Veterans Affairs.\n (2) The term ``initial facility'' means one of the four \n outpatient facilities identified by the Secretary to \n participate in the dialysis pilot program prior to the date of \n the enactment of this Act.\n Amend the title so as to read: ``A bill to amend title 38, \n United States Code, to authorize the Secretary of Veterans \n Affairs to recoup certain bonuses or awards paid to employees \n of the Department of Veterans Affairs, and for other \n purposes.''.\n ","summary":"Authorizes the Secretary of Veterans Affairs (VA) to issue an order directing a VA employee to repay the amount, or a portion of the amount, of an award or bonus paid to the employee if: (1) the Secretary determines that such repayment is appropriate, and (2) the employee is afforded notice and an opportunity for a hearing. Makes the Secretary's repayment decisions final and unreviewable by any other agency or any court. Extends subcontracting limitations that apply to certain small businesses awarded contracts under various Small Business Administration (SBA) programs to small business concerns owned and controlled by veterans with or without service-connected disabilities who are awarded VA contracts. Requires, for purposes of applying such subcontracting limitations to veterans with small businesses awarded such VA contracts, that: (1) small businesses owned and controlled by veterans be treated in the same manner as small businesses owned and controlled by veterans with service-connected disabilities, and (2) quot, similarly situated entitiesquot. Include subcontractors for small businesses owned and controlled by a veteran with or without a service-connected disability . Directs the Secretary, before awarding such a contract, to obtain a certification from the offeror: (1) specifying and promising to comply with the subcontracting performance requirements applicable to such offeror, and (2) acknowledging that the certification is subject to criminal laws concerning false or fraudulent statements or representations. Subjects small businesses to fines, imprisonment, or both for not acting in good faith. Requires the VA's Director of the Office of Small and Disadvantaged Business Utilization and the VA's Chief Acquisition Officer to: (1) establish a process to monitor the subcontracting requirement compliance of veterans' small businesses that are awarded VA contracts, and (2) refer violations to the VA's Inspector General. Directs the Inspector General to submit annual reports to Congress regarding such violations. Requires: (1) the Secretary to review the prisoner of war (POW) lists of the VA and the Department of Defense to identify any discrepancies. And (2) the VA's Inspector General to review the process by which the Secretary determines that a veteran is a former prisoner of war. Requires the Secretary to report to Congress on the VA's POW list, including information on: (1) such discrepancies, and (2) the results of the Inspector General's review. Prohibits the Secretary from expanding the dialysis pilot program or creating any new VA dialysis capability in any facility other than an initial facility until after: the Secretary has implemented the pilot program at each initial facility for at least two years, an independent analysis of the program has been conducted at each initial facility, and the Secretary has submitted a report on such analysis to Congress. Requires the Secretary, in order to increase veterans' access to dialysis care and decrease the travel time required to receive such care, to fully use existing VA dialysis resources, including any community dialysis provider with which the Secretary has entered into a contract or agreement to provide such care.","title":"To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs.","text_len":10292,"sum_len":3236} {"bill_id":"112_hr6174","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Nutrition Disclosure \nAct of 2012''.\n\nSEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, \n SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES.\n\n Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 \nU.S.C. 343(q)(5)(H)) is amended--\n (1) in subclause (ii)--\n (A) in item (I)(aa) by striking ``the number of \n calories contained in the standard menu item, as \n usually prepared and offered for sale'' and inserting \n ``the number of calories contained in the whole \n product, or the number of servings and number of \n calories per serving, or the number of calories per the \n common unit division of the product, such as for a \n multi-serving item that is typically divided before \n presentation to the consumer'';\n (B) in item (II)(aa), by striking ``the number of \n calories contained in the standard menu item, as \n usually prepared and offered for sale'' and inserting \n ``the number of calories contained in the whole \n product, or the number of servings and number of \n calories per serving, or the number of calories per the \n common unit division of the product, such as for a \n multi-serving item that is typically divided before \n presentation to the consumer''; and\n (C) by adding at the end the following flush text:\n ``In the case of restaurants or similar retail \n food establishments where the majority of \n orders are placed by customers who are off-\n premises at the time such order is placed, the \n information required to be disclosed under this \n subclause may be provided by a remote-access \n menu, such as one available on the internet, \n instead of an on-premises menu.'';\n (2) in subclause (iv)--\n (A) by striking ``For the purposes of this \n clause,'', inserting the following (and indenting the \n text that follows appropriately):\n ``(I) In general.--For the purposes \n of this clause,'';\n (B) by striking ``and other reasonable means'' and \n inserting ``or other reasonable means''; and\n (C) by adding at the end the following:\n ``(II) Reasonable basis defined.--\n For purposes of this subclause, with \n respect to a nutrient disclosure, the \n term `reasonable basis' means that the \n nutrient disclosure is within \n acceptable allowances for variation in \n nutrient content. Such acceptable \n allowances shall include allowances for \n variation in serving size, inadvertent \n human error in formulation of menu \n items, and variations in \n ingredients.'';\n (3) in subclause (v)--\n (A) by inserting ``contained in the whole product, \n or the number of servings and information per serving, \n or the common unit division of the product, such as for \n a multi-serving item that is typically divided before \n presentation to the consumer,'' before ``that come in \n different flavors, varieties, or combinations,'';\n (B) by striking ``, through means determined by the \n Secretary, including ranges, averages, or other \n methods''; and\n (C) by adding at the end, after the period, the \n following: ``A restaurant or similar retail food \n establishment may determine and disclosure such content \n by using any of the following methods: ranges, \n averages, individual labeling of flavors or components; \n or labeling of one preset standard build. In addition \n to such methods, the Secretary may allow the use of \n other methods, to be determined by the Secretary, for \n which there is a reasonable basis (as such term is used \n in subclause (iv)).''; and\n (4) in subclause (xi)--\n (A) in the heading, by striking ``Definition'' and \n inserting ``Definitions'';\n (B) by striking ``clause, the term `menu''' and \n inserting the following (and indenting the text that \n follows appropriately): ``clause:\n ``(I) Menu; menu board.--The term \n `menu'''; and\n (C) by adding at the end the following: \n ``(II) Preset standard build.--The \n term `preset standard build' means the \n finished version of a menu item most \n commonly ordered by consumers.\n ``(III) Restaurant or similar \n retail food establishment.--The term \n `restaurant or similar retail food \n establishment' means a retail food \n establishment that derives more than 50 \n percent of its total revenue from the \n sale of food of the type described in \n subclause (i) or (ii) of clause (A).''.","summary":"Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product. (2) the number of servings and number of calories per serving. Or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines \u201creasonable basis\u201d for a restaurant or similar food establishment\u2019s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines preset standard build as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50 of their total revenue from the sale of food.","title":"To amend section 403 of the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants, similar retail food establishments, and vending machines.","text_len":6210,"sum_len":1654} {"bill_id":"104_s1211","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restitution and Responsibility \nAct''.\n\nSEC. 2. GRANT PROGRAM.\n\n (a) In General.--The Attorney General is authorized to provide \ngrants to States to enable the States to--\n (1) collect data on victim restitution over a specified \n period of time as determined by the Attorney General;\n (2) create or expand automated data systems to track \n restitution payments;\n (3) make improvements in the manner in which restitution is \n ordered and collected; and\n (4) enhance and expand methods of enforcement of \n restitution orders.\n (b) Eligibility.--To be eligible to receive a grant under this Act, \na State shall--\n (1) submit an application to the Attorney General, in such \n form as the Attorney General shall require, that meets the \n requirements of subsection (c); and\n (2) certify that the State has a victim advocacy program \n that--\n (A) provides assistance to victims of crime \n throughout the judicial process; and\n (B) provides courts with a victim impact statement \n prior to sentencing.\n (c) Application.--An application meets the requirements of this \nsubsection if it includes--\n (1) a description of the State's victim advocacy program;\n (2) a description of the method by which the State compiles \n or will compile data on restitution, including information on--\n (A) restitution amounts ordered and collected;\n (B) collection rates for incarcerated offenders and \n offenders who are on probation;\n (C) collection rates for offenders committing \n felonies and for those committing misdemeanors; and\n (D) rates of partial and full payment rates of \n collection;\n (3) documentation of a State's current problems in \n ordering, collecting, and enforcing restitution;\n (4) a description of State laws and practices related to \n restitution;\n (5) a description of administrative and legislative options \n to improve ordering, collecting, and enforcing restitution;\n (6) a description of the State's proposal to create or \n expand an automated data processing system to track restitution \n payments;\n (7) a description of the State's plan to improve the \n ordering of restitution, including--\n (A) provisions to ensure that courts order \n restitution whenever a victim suffers economic loss as \n a result of unlawful conduct by a defendant;\n (B) provisions to ensure that restitution is \n ordered in the full amount of the victim's loss, as \n determined by the court;\n (C) the prioritization of restitution in the \n ordering and disbursing of fees; and\n (D) such other provisions consistent with the \n purposes of this Act;\n (8) a description of how the State will improve collection \n of restitution payments, including--\n (A) the establishment of a central accounting, \n billing, and collection system that tracks the \n offender's obligations and status in meeting those \n obligations;\n (B) a process by which information about an \n offender's restitution payments is made available to \n probation officials;\n (C) adopting methods to ensure payments such as \n automatic docketing, billing, wage withholding, \n privatization of collection, withholding State grant \n privileges, or seizure of state income tax refunds; and\n (D) other provisions consistent with the purposes \n of this Act;\n (9) a description of how the State will enforce restitution \n payments, including--\n (A) assigning an agency responsible for the \n enforcement of a restitution order;\n (B) adopting policies to increase the intensity of \n sanctions if an offender defaults on payments, \n including--\n (i) revoking a term of probation or parole;\n (ii) modifying the terms or conditions of \n probation or parole;\n (iii) holding a defendant in contempt of \n court;\n (iv) entering a restraining order or \n injunction; or\n (v) ordering the sale of property of the \n defendant;\n (C) adopting procedures to ensure restitution \n orders are entered as civil judgments upon entry to \n allow a victim to execute judgment if restitution \n payments are delinquent;\n (D) such other provisions consistent with the \n purposes of this Act; and\n (10) the establishment of a community restitution fund \n administered by a State agency into which restitution payments \n are made by an offender (in addition to victim restitution \n payments) and can be used to pay indigent offenders for \n performing public service work.\n (d) Waiver.--The Attorney General may waive the requirements under \nsubsection (c) for a State that demonstrates sufficient cause for lack \nof compliance.\n (e) Grant Period.--A grant under this Act shall be awarded for a \nperiod of not more than 5 years.\n\nSEC. 3. REPORT.\n\n Each State receiving a grant under this Act shall submit an annual \nreport to the Attorney General that includes an evaluation of the \nprogress of the projects funded through the grant, an accounting of \nexpenditures, and such other provisions as may be required by the \nAttorney General. The Attorney General shall issue an annual report to \nCongress that includes the information submitted by States under this \nsection.\n\nSEC. 4. EVALUATION.\n\n (a) Final Evaluation.--Within a month after the award of the first \ngrant made under this Act, the Attorney General shall contract with an \nindependent organization to do a final evaluation of the projects \nfunded by this Act at the end of 5 years.\n (b) Interim Evaluation.--The Attorney General shall conduct an \ninterim evaluation of the projects funded by this Act 3 years after the \nfirst grant made under this Act.\n (c) Content of Reports.--The reports required by subsections (a) \nand (b) shall include the following information:\n (1) An evaluation of data collection efforts.\n (2) An assessment of whether ordering of restitution \n increased and whether prioritizing restitution in fees \n collected improved restitution payments.\n (3) An analysis of whether the project was successful in \n improving significantly restitution collection rates.\n (4) An evaluation of most effective methods in improving \n restitution collection and in enforcing restitution payments.\n (5) An analysis of how effective automated data systems \n were in increasing restitution collection.\n (6) An analysis of States' use of the community restitution \n fund and its effectiveness in ensuring indigent offenders pay \n restitution.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $10,000,000 in each of \nfiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.","summary":"Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General. (2) create or expand automated data systems to track restitution payments. (3) make improvements in the manner in which restitution is ordered and collected. And (4) enhance and expand methods of enforcement of restitution orders. Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing. Sets forth provisions regarding: (1) application requirements, (2) waivers, (3) grant period, (4) reporting requirements, and (5) grant evaluation. Authorizes appropriations.","title":"Restitution and Responsibility Act","text_len":7887,"sum_len":848} {"bill_id":"112_hr1242","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Power Plant Safety Act of \n2011''.\n\nSEC. 2. NUCLEAR POWER PLANT SAFETY.\n\n (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 \nU.S.C. 2201 et seq.) is amended by adding at the end the following new \nsection:\n ``Sec. 170J. Revision of Nuclear Power Plant Safety Regulations.--\n ``a. Not later than 90 days after the date of enactment of the \nNuclear Power Plant Safety Act of 2011, the Commission shall initiate a \nrulemaking proceeding, including notice and opportunity for public \ncomment, to be completed not later than 18 months after such date of \nenactment, to revise its regulations to ensure that each utilization \nfacility licensed under this Act can withstand and adequately respond \nto--\n ``(1) an earthquake, tsunami (for a facility located in a \n coastal area), strong storm, or other event that threatens a \n major impact to the facility;\n ``(2) a loss of the primary operating power source for at \n least 14 days; and\n ``(3) a loss of the primary backup operating power source \n for at least 72 hours.\n ``b. The revision of regulations under this section shall provide \nfor--\n ``(1) a requirement that each licensed utilization \n facility, including any onsite spent nuclear fuel facilities, \n be equipped with resilient containment, safety, and diagnostic \n systems sufficient to withstand the circumstances described in \n subsection a., including requirements to ensure that the \n reactor core remains cooled, that the containment remains \n intact, and that the spent fuel cooling and spent fuel pool \n integrity are maintained;\n ``(2) a requirement that licensees have at least 14 days \n worth of emergency power system fuel onsite with which to power \n the licensed facility in the event of a loss of the primary \n operating power source;\n ``(3) a requirement that licensees have sufficient \n secondary emergency power to power the licensed facility in the \n event of a loss of both the primary operating power source and \n the emergency power system described in paragraph (2) for at \n least 72 hours;\n ``(4) a requirement that licensees develop, and obtain \n approval from the Commission for, a plan to obtain sufficient \n additional fuel or batteries in the event of a long duration \n loss of operating power or total station blackout;\n ``(5) a requirement that licensees amend, and obtain \n approval from the Commission for, any guidance and strategies \n developed by the licensees that are intended to maintain or \n restore core cooling, containment, and spent fuel pool cooling \n capabilities under the circumstances associated with loss of \n large areas of the plant due to explosions or fire, in order to \n incorporate lessons learned from the Fukushima nuclear power \n plant meltdown into such guidance and strategies;\n ``(6) a requirement that spent nuclear fuel rods be moved \n from storage pools to certified dry cask storage within one \n year of the nuclear fuel rods being qualified to be placed in \n the certified dry casks;\n ``(7) a requirement to configure spent nuclear fuel rods in \n spent nuclear fuel pools in a manner that would minimize the \n chance of a fire in the event of the loss of the water in the \n spent nuclear fuel pool;\n ``(8) a requirement that emergency response exercises \n include scenarios that are based on the near-simultaneous \n occurrence of circumstances described in subsection a. such as \n the near-simultaneous earthquake, tsunami, and total station \n blackout that occurred at the Fukushima nuclear power plant in \n 2011; and\n ``(9) appropriate requirements for periodic verification of \n compliance with the regulations issued under this section.\n ``c. The Commission shall not issue an approval for any \nconstruction permit, operating license, license extension, design \ncertification, combined license, design approval, or manufacturing \nlicense until the revisions of regulations under this section take \neffect.''.\n (b) Conforming Amendment.--The table of contents of the Atomic \nEnergy Act of 1954 is amended by inserting after the item relating to \nsection 170I the following new item:\n\n``Sec. 170J. Revision of nuclear power plant safety regulations.''.\n\nSEC. 3. LOAN GUARANTEES.\n\n Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. \n16512(b)) is amended by inserting after paragraph (2) the following:\n``In the case of a guarantee for advanced nuclear energy facilities, \nthe Secretary shall ensure that the cost of the obligation is \ncalculated using a consideration of the Tohoku earthquake of 2011 to \nestimate the risk characteristics of the project.''.","summary":"Nuclear Power Plant Safety Act of 2011 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding to revise nuclear power plant safety regulations to ensure that each licensed utilization facility can withstand and adequately respond to: (1) an earthquake, tsunami , strong storm, or other event that threatens a major impact to the facility. (2) a loss of the primary operating power source for at least 14 days. And (3) a loss of the primary backup operating power source for at least 72 hours. Amends the Energy Policy Act of 2005, in connection with loan guarantees, to require the Secretary of Energy (DOE) to ensure, in the case of a guarantee for advanced nuclear energy facilities, that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project.","title":"To ensure that nuclear power plants can withstand and adequately respond to earthquakes, tsunamis, strong storms, or other events that threaten a major impact.","text_len":5055,"sum_len":909} {"bill_id":"103_hr4115","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kosova Peace and Democracy Act of \n1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The political rights of the Albanian majority in Kosova \n were curtailed in 1989 when the former Yugoslav Government in \n Belgrade illegally amended the Yugoslav federal constitution, \n revoking Kosova's autonomous status.\n (2) In September 1990, a referendum on the question of \n independence for Kosova was held in which 87 percent of those \n eligible to participate voted, and 99 percent of those voting \n supported independence for Kosova.\n (3) In May 1992, a Kosovar national parliament was elected \n and Dr. Ibrahim Rugova was overwhelmingly elected President of \n the Republic of Kosova.\n (4) The government in Belgrade has not allowed the new \n Kosovar government to assemble on Kosovar territory.\n (5) Credible reports of Serbian ``ethnic cleansing'' in \n Kosova have been received by the United Nations Special \n Rapporteur on Human Rights, and Serbian leader Slobodan \n Milosevic has called for the transfer of ethnic Albanians from \n their homes in Kosova to areas outside of Kosovar territory and \n their replacement by Serbs.\n (6) Since 1990, tens of thousands of Kosovars of Albanian \n origin have been dismissed from their jobs solely on the basis \n of their ethnicity.\n (7) Reports of brutal beatings of ethnic Albanians in \n Kosova by the mostly Serbian police are received almost daily.\n (8) The government in Belgrade has severely restricted the \n access of ethnic Albanians in Kosova to all levels of education \n solely on the basis of their ethnicity.\n (9) All forms of the media in Kosova, especially those in \n the Albanian language, are strictly controlled by the \n government in Belgrade and dissenting political views are \n systematically deleted from all forms of the media.\n (10) Under the ``Special Measures'' decree adopted in 1991, \n the government in Belgrade intentionally undermined the \n independent character of the judiciary of Kosova by dismissing \n hundreds of ethnic Albanian judges, replacing them with Serbs \n or Montenegrins, and changing the official court language to \n Serbian, which is not native to the Albanian majority.\n (11) Those expressing political views in opposition to the \n current government are frequently jailed and tortured while in \n prison by Serbian authorities, and occasional deaths of \n detainees have been reported.\n (12) Conference on Security and Cooperation in Europe \n observers dispatched to Kosova in 1991, were expelled by the \n government in Belgrade in July 1993.\n (13) Following the departure of such observers, several \n international human rights organizations, including Amnesty \n International, Human Rights Watch, and the Helsinki Federation \n for Human Rights, have documented an increase in humanitarian \n abuses in Kosova.\n (14) The economy of Kosova is under severe pressure caused \n by the combination of the closing of small businesses by \n Serbian authorities and the effect of international sanctions.\n (15) Radio Free Europe recently began broadcasts to the \n former Yugoslavia in Serbian and Croatian, but not in Albanian.\n (16) Congress has provided for the opening of a United \n States Information Agency cultural center in Prishtina, Kosova, \n in section 223 of the Foreign Relations Authorization Act, \n Fiscal Years 1992 and 1993, but security conditions have \n prevented the establishment of such center.\n (17) The closing of the airport in Prishtina, Kosova, \n represents an obstacle to the delivery of humanitarian goods \n into Kosova and a barrier to a return to normalcy.\n (18) The President has explicitly warned the government in \n Belgrade that ``in the event of conflict in Kosova caused by \n Serbian action, the United States will be prepared to employ \n military force against the Serbs in Kosova and in Serbia \n proper.''.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of the Congress that--\n (1) ``ethnic cleansing'' and other acts of repression \n against the citizens of Kosova by the government in Belgrade \n must be halted immediately;\n (2) members of the elected government of Kosova should be \n allowed to assemble and exercise their legitimate mandate as \n elected representatives of the people of Kosova;\n (3) all individuals in Kosova whose employment was \n terminated on the basis of their ethnicity should be reinstated \n to their previous positions immediately;\n (4) the education system in Kosova should be reopened to \n all residents of Kosova regardless of ethnicity, and the \n majority ethnic Albanian population should be allowed to be \n educated in its native tongue;\n (5) all decrees undermining the autonomous and indigenous \n character of the Kosovar bar and judiciary should be reversed;\n (6) the right of the press and all forms of media in \n Kosova, including those in the Albanian language, relating to \n freedom of expression should be respected;\n (7) Conference on Security and Cooperation in Europe \n observers, expelled by the government in Belgrade in July 1993, \n should be readmitted to Kosova and their numbers expanded;\n (8) the United Nations should dispatch observers to Kosova \n to monitor human rights and to limit violence;\n (9) the airport in Prishtina, Kosova should be reopened;\n (10) the United States Information Agency should open a \n cultural center in Prishtina, Kosova, as provided in section \n 223 of the Foreign Relations Authorization Act, Fiscal Years \n 1992 and 1993, as soon as possible;\n (11) the ``no-fly-zone'', currently covering Bosnia, should \n be expanded to cover Kosova;\n (12) the United States should reiterate warnings to the \n government in Belgrade that it is prepared to respond with all \n necessary means in the event that Serbia expands the military \n conflict into Kosova; and\n (13) the North Atlantic Treaty Organization should develop \n plans to halt the spread of the Balkan conflict to Kosova.\n\nSEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST SERBIA AND \n MONTENEGRO UNTIL CERTAIN CONDITIONS MET.\n\n (a) Codification of Executive Branch Sanctions.--The sanctions \nimposed on Serbia and Montenegro, as in effect on the date of the \nenactment of this Act, that were imposed by or pursuant to the \nfollowing directives of the executive branch shall (except as provided \nunder subsection (e)) remain in effect until the President certifies to \nthe Congress that the conditions described in subsection (d) have been \nmet:\n (1) Executive Order 12808 of May 30, 1992, as continued in \n effect on May 25, 1993.\n (2) Executive Order 12810 of June 5, 1992.\n (3) Executive Order 12831 of January 15, 1993.\n (4) Executive Order 12846 of April 25, 1993.\n (5) Department of State Public Notice 1427, effective July \n 11, 1991.\n (6) Proclamation 6389 of December 5, 1991 (56 Fed. Register \n 64467).\n (7) Department of Transportation Order 92-5-38 of May 20, \n 1992.\n (8) Federal Aviation Administration action of June 19, 1992 \n (14 C.F.R. Part 91).\n (b) Prohibition on Assistance.--No funds appropriated or otherwise \nmade available by law may be obligated or expended on behalf of the \ngovernment of Serbia or the government of Montenegro until the \nPresident certifies to the Congress that the conditions described in \nsubsection (d) have been met.\n (c) International Financial Institutions.--The Secretary of the \nTreasury shall instruct the United States executive director of each \ninternational financial institution to use the voice and vote of the \nUnited States to oppose any assistance from that institution to the \ngovernment of Serbia or the government of Montenegro, except for basic \nhuman needs, until the President certifies to the Congress that the \nconditions described in subsection (d) have been met.\n (d) Conditions Described.--The conditions described in this \nsubsection are the following:\n (1) There is substantial progress toward the restoration of \n the independent identity and autonomy of Kosova.\n (2) There is substantial improvement in the human rights \n situation in Kosova, including improvement in those factors \n listed in paragraphs (5) through (11) of section 2.\n (3) International human rights observers are allowed to \n return to Kosova.\n (4) The elected government of Kosova is permitted to meet \n and carry out its legitimate mandate as elected representatives \n of the people of Kosova.\n (e) Waiver Authority.--\n (1) In general.--The President may waive or modify the \n application, in whole or in part, of any sanction described in \n subsection (a), the prohibition in subsection (b), or the \n requirement in subsection (c).\n (2) Certification.--Such a waiver or modification may only \n be effective upon certification by the President to Congress \n that the President has determined that the waiver or \n modification is necessary--\n (A) to meet emergency humanitarian needs; or\n (B) to achieve a negotiated settlement of the \n conflict in Kosova that is acceptable to the parties.\n\nSEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND RADIO LIBERTY IN THE \n ALBANIAN LANGUAGE TO KOSOVA, THE FORMER YUGOSLAV REPUBLIC \n OF MACEDONIA, AND OTHER AREAS.\n\n Not later than 3 months after the date of enactment of this Act, \nthe Chairman of the Board for International Broadcasting shall submit \nto the Congress a plan, together with a detailed budget, for the \nestablishment of a surrogate home service under the auspices of Radio \nFree Europe\/Radio Liberty for Albanian populations living in Kosova and \nother areas of the former Yugoslavia. Such service shall be in the \nAlbanian language and shall be broadcast not less than one hour per \nday.","summary":"Kosova Peace and Democracy Act of 1994 - Expresses the sense of the Congress with respect to ethnic relations and human rights in Kosova. Continues specified sanctions imposed against Serbia and Montenegro until the President certifies to the Congress that: (1) there is progress toward restoration of the independent identity and autonomy of Kosova. (2) there is improvement in the human rights situation in Kosova. (3) international human rights observers are allowed to return to Kosova. And (4) the elected government of Kosova is permitted to meet. Prohibits any funding on behalf of Serbia and Montenegro until such conditions have been met. Directs the Secretary of the Treasury to instruct the US executive directors of the international financial institutions to oppose assistance to Serbia or Montenegro, except for basic human needs, until such conditions have been met. Authorizes the President to waive or modify such sanctions, prohibitions, or conditions if necessary to meet emergency humanitarian needs or achieve a settlement of the conflict in Kosova acceptable to the parties. Directs the Chairman of the Board for International Broadcasting to submit a plan and a budget for the establishment of a surrogate home service under the auspices of Radio Free EuropeRadio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia.","title":"Kosova Peace and Democracy Act of 1994","text_len":10847,"sum_len":1378} {"bill_id":"114_hr5332","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women, Peace, and Security Act of \n2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Around the world, women remain under-represented in \n conflict prevention, conflict resolution, and post-conflict \n peace building efforts.\n (2) Despite the historic under-representation of women in \n conflict resolution processes, women in conflict-affected \n regions have nevertheless achieved significant success in--\n (A) moderating violent extremism;\n (B) countering terrorism;\n (C) resolving disputes through nonviolent mediation \n and negotiation; and\n (D) stabilizing societies by enhancing the \n effectiveness of security services, peacekeeping \n efforts, institutions, and decision-making processes.\n (3) Research shows that--\n (A) peace negotiations are more likely to end in a \n peace agreement when women's groups play an influential \n role in the negotiation process;\n (B) once reached, a peace agreement is 35 percent \n more likely to last at least 15 years if women have \n participated in the negotiation process; and\n (C) when women meaningfully participate, peace \n negotiations are more likely to address the underlying \n causes of the conflict, leading to more sustainable \n outcomes.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the meaningful participation of women in conflict \n prevention and conflict resolution processes helps to promote \n more inclusive and democratic societies and is critical to the \n long-term stability of countries and regions;\n (2) the political participation and leadership of women in \n fragile environments, particularly during democratic \n transitions, is critical to sustaining lasting democratic \n institutions; and\n (3) the United States should be a global leader in \n promoting the meaningful participation of women in conflict \n prevention, management, and resolution, and post-conflict \n relief and recovery efforts.\n\nSEC. 4. STATEMENT OF POLICY.\n\n It shall be the policy of the United States to promote the \nmeaningful participation of women in all aspects of conflict \nprevention, management, and resolution, and post-conflict relief and \nrecovery efforts, reinforced through diplomatic efforts and programs \nthat--\n (1) integrate the perspectives and interests of affected \n women into conflict-prevention activities and strategies;\n (2) encourage partner governments to adopt plans to improve \n the meaningful participation of women in peace and security \n processes and decision-making institutions;\n (3) promote the physical safety, economic security, and \n dignity of women and girls;\n (4) support the equal access of women to aid distribution \n mechanisms and services;\n (5) collect and analyze gender data for the purpose of \n developing and enhancing early warning systems of conflict and \n violence;\n (6) adjust policies and programs to improve outcomes in \n gender equality and the empowerment of women; and\n (7) monitor, analyze, and evaluate the efforts related to \n each strategy submitted under section 5 and the impact of such \n efforts.\n\nSEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN \n CONFLICT PREVENTION AND PEACE BUILDING.\n\n (a) Requirement.--Not later than October 1, 2017, October 1, 2022, \nand October 1, 2027, the President, in consultation with the heads of \nthe relevant Federal departments and agencies, shall submit to the \nappropriate congressional committees and make publicly available a \nsingle government-wide strategy, to be known as the Women, Peace, and \nSecurity Strategy, that provides a detailed description of how the \nUnited States intends to fulfill the policy objectives in section 4. \nThe strategy shall--\n (1) support and be aligned with plans developed by other \n countries to improve the meaningful participation of women in \n peace and security processes, conflict prevention, peace \n building, transitional processes, and decision-making \n institutions; and\n (2) include specific and measurable goals, benchmarks, \n performance metrics, timetables, and monitoring and evaluation \n plans, to ensure the accountability and effectiveness of all \n policies and initiatives carried out under the strategy.\n (b) Specific Plans for Agencies.--Each strategy under subsection \n(a) shall include a specific implementation plan from each of the \nrelevant Federal departments and agencies that describes--\n (1) the anticipated contributions of the department or \n agency, including technical, financial, and in-kind \n contributions, to implement the strategy; and\n (2) the efforts of the department or agency to ensure that \n the policies and initiatives carried out pursuant to the \n strategy are designed to achieve maximum impact and long-term \n sustainability.\n (c) Department of State Implementation.--Within each relevant \nbureau of the Department of State, the Secretary of State shall task \nthe current Principal Deputy Assistant Secretary with the \nresponsibility for the implementation of the strategy under subsection \n(a) and the specific implementation plan for the Department under \nsubsection (b), with respect to the roles and responsibilities of such \nbureau. The Principal Deputy Assistant Secretaries tasked with such \nresponsibility shall meet, at least twice a year, to review the \nimplementation of the strategy and the plan and to contribute to the \nreport under section 8(b).\n (d) Coordination.--The President should promote the meaningful \nparticipation of women in conflict prevention, in coordination and \nconsultation with international partners, including multilateral \norganizations, stakeholders, and other relevant international \norganizations, particularly in situations in which the direct \nengagement of the United States is not appropriate or advisable.\n (e) Sense of Congress.--It is the sense of Congress that the \nPresident, in implementing each strategy submitted under subsection \n(a), should--\n (1) provide technical assistance, training, and logistical \n support to female negotiators, mediators, peace builders, and \n stakeholders;\n (2) address security-related barriers to the meaningful \n participation of women;\n (3) increase the participation of women in existing \n programs funded by the United States Government that provide \n training to foreign nationals regarding law enforcement, the \n rule of law, or professional military education;\n (4) support appropriate local organizations, especially \n women's peace building organizations;\n (5) support the training, education, and mobilization of \n men and boys as partners in support of the meaningful \n participation of women;\n (6) encourage the development of transitional justice and \n accountability mechanisms that are inclusive of the experiences \n and perspectives of women and girls;\n (7) expand and apply gender analysis to improve program \n design and targeting; and\n (8) conduct assessments that include the perspectives of \n women before implementing any new initiatives in support of \n peace negotiations, transitional justice and accountability, \n efforts to counter violent extremism, or security sector \n reform.\n\nSEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN \n CONFLICT PREVENTION AND PEACE BUILDING.\n\n (a) Foreign Service.--The Secretary of State, in conjunction with \nthe Administrator of the United States Agency for International \nDevelopment, shall ensure that all appropriate personnel (including \nspecial envoys, members of mediation or negotiation teams, relevant \nmembers of the civil service or Foreign Service, and contractors) \nresponsible for or deploying to countries or regions considered to be \nat risk of, undergoing, or emerging from violent conflict obtain \ntraining, as appropriate, in the following areas, each of which shall \ninclude a focus on women and ensuring meaningful participation by \nwomen:\n (1) Conflict prevention, mitigation, and resolution.\n (2) Protecting civilians from violence, exploitation, and \n trafficking in persons.\n (3) International human rights law and international \n humanitarian law.\n (b) Department of Defense.--The Secretary of Defense shall ensure \nthat relevant personnel receive training, as appropriate, in the \nfollowing areas:\n (1) Training in conflict prevention, peace processes, \n mitigation, resolution, and security initiatives that \n specifically addresses the importance of meaningful \n participation by women.\n (2) Gender considerations and meaningful participation by \n women, including training regarding--\n (A) international human rights law and \n international humanitarian law, as relevant; and\n (B) protecting civilians from violence, \n exploitation, and trafficking in persons.\n (3) Effective strategies and best practices for ensuring \n meaningful participation by women.\n\nSEC. 7. CONSULTATION AND COLLABORATION.\n\n (a) In General.--The Secretary of State and the Administrator of \nthe United States Agency for International Development shall establish \nguidelines for overseas United States personnel of the Department or \nthe Agency, as the case may be, to consult with stakeholders regarding \nUnited States efforts to--\n (1) prevent, mitigate, or resolve violent conflict; and\n (2) enhance the success of mediation and negotiation \n processes by ensuring the meaningful participation of women.\n (b) Frequency and Scope.--The consultations required under \nsubsection (a) shall take place regularly and include a range and \nrepresentative sample of stakeholders, including local women, youth, \nethnic and religious minorities, and other politically under-\nrepresented or marginalized populations.\n (c) Collaboration and Coordination.--The Secretary of State should \nwork with international, regional, national, and local organizations to \nincrease the meaningful participation of women in international \npeacekeeping operations, and should promote training that provides \ninternational peacekeeping personnel with the substantive knowledge and \nskills needed to ensure effective physical security and meaningful \nparticipation of women in conflict prevention and peace building.\n\nSEC. 8. REPORTS TO CONGRESS.\n\n (a) Briefing.--The Secretary of State, in conjunction with the \nAdministrator of the United States Agency for International Development \nand the Secretary of Defense, shall brief the appropriate congressional \ncommittees, not later than 1 year after the date of the first \nsubmission of a strategy required under section 5, on--\n (1) existing, enhanced, and newly established training \n carried out pursuant to section 6; and\n (2) the guidelines established for overseas United States \n personnel to engage in consultations with stakeholders, \n pursuant to section 7.\n (b) Report on Women, Peace, and Security Strategy.--Not later than \n2 years after the date of the submission of each strategy required \nunder section 5, the President shall submit to the appropriate \ncongressional committees a report that--\n (1) summarizes and evaluates the implementation of such \n strategy and the impact of United States diplomatic efforts and \n foreign assistance programs, projects, and activities to \n promote the meaningful participation of women;\n (2) describes the nature and extent of the coordination \n among the relevant Federal departments and agencies on the \n implementation of such strategy;\n (3) outlines the monitoring and evaluation tools, \n mechanisms, and common indicators to assess progress made on \n the policy objectives in section 4; and\n (4) describes the existing, enhanced, and newly established \n training carried out pursuant to section 6.\n\nSEC. 9. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Appropriations, the Committee \n on Armed Services, and the Committee on Foreign \n Relations of the Senate; and\n (B) the Committee on Appropriations, the Committee \n on Armed Services, and the Committee on Foreign Affairs \n of the House of Representatives.\n (2) Stakeholders.--The term ``stakeholders'' means non-\n governmental and private sector entities engaged in or affected \n by conflict prevention and stabilization, peace building, \n protection, security, transition initiatives, humanitarian \n response, or related efforts, including--\n (A) registered or non-registered nonprofit \n organizations, advocacy groups, business or trade \n associations, labor unions, cooperatives, credit \n unions, relief or development organizations, community \n and faith-based organizations, philanthropic \n foundations, and tribal leaders or structures;\n (B) independent media, educational, or research \n institutions; and\n (C) private enterprises, including international \n development firms, banks, and other financial \n institutions, particularly small businesses and \n businesses owned by women or disadvantaged groups.\n (3) Meaningful participation.--The term ``meaningful \n participation'' means safe, genuine, and effective access to, \n and present and active involvement in the full range of formal \n or informal processes related to negotiation or mediation with \n respect to any efforts toward the following:\n (A) Conflict prevention.\n (B) Resolution or mitigation of, or transition \n from, violent conflict.\n (C) Peacekeeping and peace building.\n (D) Post-conflict reconstruction, transition \n initiatives, elections, and governance.\n (E) Humanitarian response and recovery.\n (4) Relevant federal departments and agencies.--The term \n ``relevant Federal departments and agencies'' means--\n (A) the United States Agency for International \n Development;\n (B) the Department of State;\n (C) the Department of Defense;\n (D) the Department of Homeland Security; and\n (E) any other department or agency specified by the \n President for purposes of this Act.\n\n Passed the House of Representatives November 15, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Women, Peace, and Security Act of 2016 This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts. And (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. The President, not later than October 1 of 2017, 2022, and 2027, shall submit to the appropriate congressional committees and make public a Women, Peace, and Security Strategy, which shall: be aligned with other nations' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions. And include goals and evaluation plans to ensure strategy effectiveness. Such a strategy shall include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention. It is the sense of Congress that the President should: (1) provide technical assistance and training to female negotiators, peace builders, and stakeholders, (2) address security-related barriers to women's participation. (3) increase women's participation in US-funded programs that provide foreign nationals with law enforcement, rule of law, or military education training, (4) support appropriate local organizations, especially women's peace building organizations. And (5) expand gender analysis to improve program design. The Department of State shall ensure that personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from, violent conflict obtain training in the following areas, each of which shall include a focus on ensuring participation by women: conflict prevention, mitigation, and resolution, protecting civilians from violence, exploitation, and trafficking in persons. And international human rights law. The Department of Defense shall ensure that relevant personnel receive training in: conflict prevention, peace processes, mitigation, resolution, and security initiatives that addresses the importance of participation by women. And gender considerations and participation by women, including training regarding international human rights law and protecting civilians from violence, exploitation, and trafficking in persons. The State Department and the US Agency for International Development shall establish guidelines for overseas US personnel to consult with stakeholders regarding US efforts to: prevent, mitigate, or resolve violent conflict. And enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. The State Department shall brief the appropriate congressional committees on: (1) training regarding the participation of women in conflict resolution, and (2) guidelines established for overseas personnel to engage in stakeholder consultations. The President shall submit to the appropriate congressional committees a report that evaluates the implementation of such strategy and the impact of US diplomatic efforts and foreign assistance programs to promote the participation of women.","title":"Women, Peace, and Security Act of 2016","text_len":16028,"sum_len":3489} {"bill_id":"108_s1733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Court Interpreter Grant \nProgram Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the fair administration of justice depends on the \n ability of all participants in a courtroom proceeding to \n understand that proceeding, regardless of their English \n proficiency;\n (2) 18 percent of the population of the United States over \n 5 years of age speaks a language other than English at home;\n (3) only qualified court interpreters can ensure that \n persons with limited English proficiency comprehend judicial \n proceedings in which they are a party;\n (4) the knowledge and skills required of a qualified court \n interpreter differ substantially from those required in other \n interpretation settings, such as social service, medical, \n diplomatic, and conference interpreting;\n (5) the Federal Government has demonstrated its commitment \n to equal administration of justice regardless of English \n proficiency;\n (6) Executive Order 13166, issued August 11, 2000, requires \n Federal Agencies, including courts, to improve access for \n persons who have limited English proficiency;\n (7) 29 States have developed, or are developing, court \n interpreting programs;\n (8) robust, effective court interpreter programs--\n (A) actively recruit skilled individuals to be \n court interpreters;\n (B) train those individuals in the interpretation \n of court proceedings;\n (C) develop and use a thorough, systematic \n certification process for court interpreters;\n (D) have sufficient funding to ensure that a \n qualified interpreter will be available to the court \n whenever necessary; and\n (9) Federal funding is necessary to--\n (A) encourage States that do not have court \n interpreter programs to develop them;\n (B) assist States with nascent court interpreter \n programs to implement them;\n (C) assist States with limited court interpreter \n programs to enhance them; and\n (D) assist States with robust court interpreter \n programs to make further improvements and share \n successful programs with other States.\n\nSEC. 3. STATE COURT INTERPRETER PROGRAM.\n\n (a) Grants Authorized.--\n (1) In general.--The Administrator of the Office of Justice \n Programs of the Department of Justice (referred to in this \n section as the ``Administrator'') shall make grants, in \n accordance with such regulations as the Attorney General may \n prescribe, to States to develop and implement programs to \n assist individuals with limited English proficiency to access \n and understand State court proceedings in which they are a \n party.\n (2) Technical assistance.--The Administrator shall \n allocate, for each fiscal year, $500,000 of the amount \n appropriated pursuant to section 4 to be used to establish a \n court interpreter technical assistance program to assist States \n receiving grants under this Act.\n (b) Use of Grants.--Grants awarded pursuant to subsection (a) may \nbe used by States to--\n (1) assess regional language demands;\n (2) develop a court interpreter program for the State;\n (3) develop, institute, and administer language \n certification examinations;\n (4) recruit, train, and certify qualified court \n interpreters;\n (5) pay for salaries, transportation, and technology \n necessary to implement the court interpreter program developed \n pursuant to paragraph (2); and\n (6) engage in other related activities, as prescribed by \n the Attorney General.\n (c) Application.--Each State desiring a grant under this section \nshall submit an application to the Administrator at such time, in such \nmanner, and accompanied by such information as the Administrator may \nreasonably require.\n (d) State Allotments.--\n (1) Base allotment.--From amounts appropriated for each \n fiscal year pursuant to section 4, the Administrator shall \n allocate $100,000 to each State, which has an application \n approved under subsection (c).\n (2) Discretionary allotment.--From amounts appropriated for \n each fiscal year pursuant to section 4, the Administrator shall \n allocate a total of $5,000,000 to the States that have \n extraordinary needs that must be addressed in order to develop, \n implement, or expand a State court interpreter program.\n (3) Additional allotment.--In addition to the allocations \n made under paragraphs (1) and (2), the Administrator shall \n allocate to each State, which has an application approved under \n subsection (c), an amount equal to the product reached by \n multiplying--\n (A) the unallocated balance of the amount \n appropriated for each fiscal year pursuant to section \n 4; and\n (B) the ratio between the number of people over 5 \n years of age who speak a language other than English at \n home in the State and the number of people over 5 years \n of age who speak a language other than English at home \n in all the States that receive an allocation under \n paragraph (1), as those numbers are determined by the \n Bureau of the Census.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $15,000,000 for each of the \nfiscal years 2005 through 2008 to carry out this Act.","summary":"State Court Interpreter Grant Program Act - Directs the Administrator of the Office of Justice Programs of the Department of Justice to: (1) make grants to States to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. And (2) allocate specified funds to establish a court interpreter technical assistance program to assist States receiving grants under this Act. Authorizes the use of grant awards by States to: (1) assess regional language demands, (2) develop a court interpreter program, (3) develop, institute, and administer language certification examinations, (4) recruit, train, and certify qualified court interpreters. And (5) pay for salaries, transportation, and technology necessary to implement the programs.","title":"A bill to authorize the Attorney General to award grants to States to develop and implement State court interpreter programs.","text_len":6065,"sum_len":832} {"bill_id":"113_hr5133","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Employees and Retirees in \nMunicipal Bankruptcies Act of 2014''.\n\nSEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER \n CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE.\n\n (a) Requirements.--Section 109(c) of title 11, United States Code, \nis amended--\n (1) in paragraph (5)--\n (A) in subparagraph (B) by inserting ``(but with \n respect to creditors who are employees or retirees of \n such entity, the term `good faith' shall have the same \n meaning as such term has in the National Labor \n Relations Act)'' after ``creditors'' the first place it \n appears,\n (B) in subparagraph (C) by striking \n ``impracticable'' and inserting ``impossible'', and\n (C) in subparagraph (D) by striking the period at \n the end and inserting a semicolon, and\n (2) by adding at the end the following:\n``and establishes by clear and convincing evidence that it satisfies \nthe requirements of this subsection.''.\n (b) Repeal of Limitation on Authority To Issue Stay Pending \nAppeal.--The first sentence of section 921(e) of title 11, United \nStates Code, is amended by striking ``; nor'' and all that follows \nthrough ``appeal''.\n (c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of \ntitle 28, United States Code, is amended by adding at the end the \nfollowing:\n ``(3) The appropriate court of appeals shall have jurisdiction of \nan appeal of a determination made by a bankruptcy court under section \n109(c) of title 11 that an entity is eligible to be a debtor under \nchapter 9 of title 11 and shall consider and determine such appeal on \nan expedited basis. Such appeal shall be a direct appeal to be reviewed \nand heard de novo on the merits. The doctrine of equitable mootness \nshall not apply to appeals under this paragraph.''.\n\nSEC. 3. PROTECTING EMPLOYEES AND RETIREES.\n\n Section 943 of title 11, United States Code, is amended--\n (1) in subsection (b)--\n (A) in paragraph (6) by striking ``and'' at the \n end,\n (B) by redesignating paragraph (7) as paragraph \n (8), and\n (C) by inserting after paragraph (6) the following:\n ``(7) in a case in which the plan modifies a collective \n bargaining agreement, or modifies a retiree benefit, including \n an accrued pension, retiree health, or other retirement benefit \n otherwise protected by State or municipal law, or a retiree \n benefit as defined in section 1114(a), in any manner otherwise \n prohibited by nonbankruptcy law, the authorized representative \n of the employees covered by such agreement, or the authorized \n representative of individuals receiving the retiree benefits, \n as the case may be, agrees to the plan; and'', and\n (2) by adding at the end the following:\n ``(c)(1) For purposes of this section, and except as provided in \nparagraphs (2) and (3), the authorized representative of those \nindividuals receiving any retiree benefit covered by any collective \nbargaining agreement shall be the labor organization that is signatory \nto such agreement unless such organization no longer represents active \nemployees in the bargaining unit the retirees belonged to when they \nwere active employees. In such case, the labor organization that \ncurrently represents active employees in that bargaining unit shall be \nthe authorized representative of such individuals.\n ``(2) Paragraph (1) shall not apply if--\n ``(A) such labor organization elects not to serve as the \n authorized representative of such individuals; or\n ``(B) the court, upon a motion by a party in interest, \n after notice and hearing, determines that different \n representation of such individuals is appropriate.\n ``(3) In a case in which the labor organization referred to in \nparagraph (2) elects not to serve as the authorized representative of \nthose individuals receiving any retiree benefits covered by any \ncollective bargaining agreement to which that labor organization is \nsignatory, or in a case where the court, pursuant to paragraph (2) \nfinds different representation of such individuals appropriate, the \ncourt, upon a motion by a party in interest, and after notice and a \nhearing, shall order the United States trustee to appoint a committee \nof retired employees if the debtor seeks to modify or not pay the \nretiree benefits or if the court otherwise determines that it is \nappropriate, from among such individuals, to serve as the authorized \nrepresentative of such individuals under this section. The party \nrequesting such relief has the burden of proof.\n ``(d) For retired employees not covered by a collective bargaining \nagreement, the court, upon a motion by a party in interest, and after \nnotice and a hearing, shall issue an order requiring the United States \ntrustee to appoint a committee of retired employees if the debtor seeks \nto modify or not pay the retiree benefits, or if the court otherwise \ndetermines that it is appropriate, to serve as the authorized \nrepresentative under this section of such employees. Such party has the \nburden of proof with respect to such motion.\n ``(e) To comply with an order issued under subsection (c)(3) or \n(d), notwithstanding any other provision of this chapter, the United \nStates trustee shall appoint, on a proportional basis per capita based \non organization membership, individuals chosen from among members of \norganizations that represent the retirees with respect to whom such \norder is entered.\n ``(f) Members of a committee appointed under subsection (c)(3) or \n(d) may not recommend modification of any right to a retiree benefit \nunless not less than \\2\/3\\ of such members vote in support of such \nrecommendation.''.","summary":"Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014 - Amends federal bankruptcy law with respect to the requirement for a municipality to be a debtor under Chapter 9 that the municipality has negotiated in good faith with creditors and failed to obtain the agreement of those holding at least a majority in amount of the claims of each class that the municipality intends to impair under a plan. Requires that, with respect to creditors who are the municipality's employees or retirees, quot, good faithquot. Has the same meaning as it does in the National Labor Relations Act. Requires the municipality also to establish by clear and convincing evidence that it satisfies all eligibility criteria. Repeals the limitation placed upon on court authority to issue a stay pending an appeal of an order for relief. Amends the Judicial Code to confer upon the appropriate court of appeals jurisdiction of any appeal of a bankruptcy court determination that an entity is eligible to be a municipal debtor. Requires the appellate court to consider and determine such appeal on an expedited basis as a direct appeal, which shall be reviewed and heard de novo on the merits. Requires the court to confirm the bankruptcy plan of a municipality which modifies a collective bargaining agreement or a retiree benefit in any manner otherwise prohibited by nonbankruptcy law if the plan is agreed to by the authorized representative of either the employees covered by collective bargaining or the individuals receiving the retiree benefits. Designates the labor organization signatory to a collective bargaining agreement as the authorized representative of individuals receiving retiree benefits covered by that agreement. Sets forth procedures for court appointment of an authorized representative if a labor organization elects not to serve as one, or if the retired employees are not covered by a collective bargaining agreement.","title":"Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014","text_len":6073,"sum_len":1938} {"bill_id":"105_hr2128","text":"SECTION 1. EXPANSION OF FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM TO \n INCLUDE RETIRED MEMBERS AND DEPENDENTS WHO ARE MEDICARE \n ELIGIBLE.\n\n (a) Federal Employee Health Benefits Program Option.--The Secretary \nof Defense, after consulting with the other administering Secretaries \nunder chapter 55 of title 10, United States Code, shall enter into an \nagreement with the Office of Personnel Management under which certain \npersons are offered enrollment in a health benefits plan under chapter \n89 of title 5, United States Code, in lieu of receiving care in \ntreatment facilities of the uniformed services or through the Civilian \nHealth and Medical Program of the Uniformed Services or the TRICARE \nprogram. The agreement may provide for enrollment limitations if the \nOffice of Personnel Management determines that the limitations are \nnecessary to allow for adequate planning for access for services under \nchapter 89 of title 5, United States Code.\n (b) Eligible Persons.--(1) The following persons shall be eligible \nfor enrollment under this section:\n (A) A member or former member of the uniformed services \n described in section 1074(b) of title 10, United States Code, \n who is or becomes entitled to hospital insurance benefits under \n part A of title XVIII of the Social Security Act (42 U.S.C. \n 1395c et seq.).\n (B) A dependent of a person described in subparagraph (A) \n if the dependent is otherwise eligible for health care under \n chapter 55 of title 10, United States Code and is or becomes \n entitled to hospital insurance benefits under part A of title \n XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).\n (2) Persons described in paragraph (1) shall not be required to \nsatisfy any eligibility criteria specified in chapter 89 of title 5, \nUnited States Code, as a condition for enrollment in a health benefits \nplan offered through the Federal Employee Health Benefits program \npursuant to subsection (a).\n (c) Contributions.--(1) In the case of a person described in \nsubsection (b) who enrolls in a health benefits plan offered through \nthe Federal Employee Health Benefits program pursuant to subsection \n(a), the administering Secretary concerned shall be responsible for \nGovernment contributions that the Office of Personnel Management \ndetermines are necessary to cover all costs in excess of beneficiary \ncontributions under paragraph (2).\n (2) The contribution required from an enrolled person under this \nsection shall be equal to the amount that would be withheld from the \npay of a similarly situated Federal employee who enrolls in a health \nbenefits plan under chapter 89 of title 5, United States Code.\n (d) Management of Participation.--The authority responsible for \napproving retired or retainer pay or equivalent pay in the case of a \nmember or former member shall manage the participation of the member or \nformer member, and dependents of the member or former member, who \nenroll in a health benefits plan offered through the Federal Employee \nHealth Benefits program pursuant to subsection (a). The Office of \nPersonnel Management shall maintain separate risk pools for persons \ndescribed in subsection (b) until such time as the Director of the \nOffice of Personnel Management determines that complete inclusion \nchapter 89 of title 5, United States Code, of persons described in \nsubsection (b) will not adversely affect Federal employees and \nannuitants enrolled in health benefits plans under such chapter.\n (e) Effect of Cancellation.--The cancellation by a person described \nin subsection (b) of coverage under the Federal Employee Health \nBenefits program shall be irrevocable for purposes of this section.\n (f) Reporting Requirements.--Not later than November 1 of each \nyear, the Secretary of Defense and the Director of the Office of \nPersonnel Management shall jointly submit a report to Congress \ndescribing the provision of health care services to persons under this \nsection during the preceding fiscal year. The report shall address or \ncontain the following:\n (1) The number of persons enrolled in health benefits plans \n offered through the Federal Employee Health Benefits program \n pursuant to subsection (a), both in terms of total number and \n as a percentage of all persons receiving health care through \n the health care system of the uniformed services.\n (2) The out-of-pocket cost to enrollees under such health \n benefits plans.\n (3) The cost to the Government (including the Department of \n Defense, the Department of Transportation, and the Department \n of Health and Human Services) of providing care under such \n health benefits plans.\n (4) A comparison of the costs determined under paragraphs \n (2) and (3) and the costs that would have otherwise been \n incurred by the Government and enrollees under alternative \n health care options available to the administering Secretaries.\n (5) The effect of this section on the cost, access, and \n utilization rates of other health care options under the health \n care system of the uniformed services.\n (g) Time for Option.--The Secretary of Defense shall begin to offer \nthe health benefits option under subsection (a) not later than October \n1, 1997.\n (h) Conforming Amendments.--Chapter 89 of title 5, United States \nCode, is amended--\n (1) in section 8905--\n (A) by redesignating subsections (d) through (f) as \n subsections (e) through (g), respectively; and\n (B) by inserting after subsection (c) the following \n new subsection:\n ``(d) An individual whom the Secretary of Defense determines is an \neligible person under the special authority provided to the Secretary \nmay enroll in a health benefits plan under this chapter in accordance \nwith the agreement between the Secretary and the Office and applicable \nregulations under this chapter.'';\n (2) in section 8906(b)--\n (A) in paragraph (1), by striking ``paragraphs (2) \n and (3)'' and inserting in lieu thereof ``paragraphs \n (2), (3), and (4)''; and\n (B) by adding at the end the following new \n paragraph:\n ``(4) In the case of individuals who enroll in a health plan in \naccordance with section 8905(d) of this title, the Government \ncontribution shall be determined in accordance with the agreement \nbetween the Secretary and the Office.''; and\n (3) in section 8906(g)--\n (A) in paragraph (1), by striking ``paragraph (2)'' \n and inserting in lieu thereof ``paragraphs (2) and \n (3)''; and\n (B) by adding at the end the following new \n paragraph:\n ``(3) The Government contribution described in subsection (b)(4) \nfor beneficiaries who enroll in accordance with section 8905(d) of this \ntitle shall be paid in accordance with the agreement between the \nSecretary and the Office.''.","summary":"Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which current or former military personnel who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act are offered enrollment in a Federal employees health benefits plan in lieu of receiving care in military treatment facilities or through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Allows such enrollment for any dependent of such individual if the dependent is entitled to health care under CHAMPUS and is or becomes entitled to hospital insurance benefits under Medicare. Outlines provisions concerning: (1) contributions for such coverage, (2) management of member participation. And (3) cancellation of coverage. Directs the Secretary and the OPM Director to report jointly to the Congress each year on the provision of such services to eligible persons during the preceding fiscal year. Requires the Secretary to offer such health benefits option no later than October 1, 1997.","title":"To permit Medicare-eligible retired members of the Armed Forces and their Medicare-eligible dependents to enroll in the Federal Employees Health Benefits program.","text_len":7231,"sum_len":1093} {"bill_id":"115_hr6524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accelerating Kids' Access to Care \nAct''.\n\nSEC. 2. STREAMLINED SCREENING AND ENROLLMENT PROCESS FOR ELIGIBLE OUT-\n OF-STATE MEDICAID PROVIDERS AND SUPPLIERS.\n\n (a) In General.--Section 1902(kk) of the Social Security Act (42 \nU.S.C. 1396a(kk)) is amended by adding at the end the following new \nparagraph:\n ``(10) Streamlined screening and enrollment process for \n eligible out-of-state providers and suppliers.--\n ``(A) In general.--Subject to subsection (a)(65), \n the State adopts a streamlined screening and enrollment \n process for eligible out-of-State providers and \n suppliers.\n ``(B) Streamlined screening and enrollment \n process.--For purposes of subparagraph (A), the term \n `streamlined screening and enrollment process' means a \n process that enables an eligible out-of-State provider \n or supplier to enroll as a provider or supplier in the \n State plan on a simplified and streamlined basis in \n accordance with the requirements of subparagraph (D).\n ``(C) Eligible out-of-state provider or supplier.--\n For purposes of subparagraph (A), the term `eligible \n out-of-State provider or supplier' means a provider or \n supplier of medical or other items or services \n furnished to a child for which payment is available \n under the State plan under this title that is located \n in another State and with respect to which the \n Secretary has determined there is a limited risk of \n fraud, waste, or abuse for purposes of determining the \n level of screening to be conducted under section \n 1866(j)(2)(B).\n ``(D) Requirements.--For purposes of subparagraph \n (B), the requirements of this subparagraph are the \n following:\n ``(i) An eligible out-of-State provider or \n supplier that elects to be and is enrolled in \n the program established under this title in \n accordance with the process established by the \n Secretary under section 2(b) of the \n Accelerating Kids' Access to Care Act is \n enrolled in the State plan under this title \n without being subject to any additional \n screening and enrollment activities required by \n the State.\n ``(ii) An eligible out-of-State provider or \n supplier that is enrolled in the State plan \n through the streamlined screening and \n enrollment process shall be enrolled for a \n period of 5 years before being required to \n obtain revalidation.\n ``(iii) An eligible out-of-State provider \n or supplier that is enrolled in the State plan \n through the streamlined screening and \n enrollment process shall be permitted to order \n all clinically necessary follow-up care, \n including with respect to the prescribing of \n medications.''.\n (b) Coordination With Medicare.--The Secretary shall establish a \nprocess for permitting a provider or a supplier, as the case may be, \nthe option when enrolling in the program established under the Medicare \nprogram under title XVIII of the Social Security Act pursuant to \nsubpart P of part 424 of title 42, Code of Federal Regulations (or any \nsuccessor regulation), to elect, at the same time, to enroll in the \nMedicaid program under title XIX of such Act for purposes of all State \nplans under such title XIX. The Secretary may utilize the Medicare \nProvider Enrollment, Chain and Ownership System (referred to as \n``PECOS''), or another national, standardized, and widely accessible \nplatform to establish such process.\n (c) Conforming Amendments.--\n (1) Section 1902(a)(77) of the Social Security Act (42 \n U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,'' \n after ``screening,''.\n (2) Section 1902(kk) of such Act (42 U.S.C. 1396a(kk)), as \n amended by subsection (a), is further amended--\n (A) in the subsection heading, by inserting \n ``Enrollment,'' after ``Screening,''; and\n (B) in paragraph (9), by striking ``Nothing'' and \n inserting ``Except as provided in paragraph (10)(D)(i), \n nothing''.\n (3) Section 2107(e)(1)(G) of such Act (42 U.S.C. \n 1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after \n ``screening,''.\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section take effect on January 1, 2019.\n (2) Exception for state legislation.--In the case of a \n State plan for medical assistance under title XIX of the Social \n Security Act or a State child health plan under title XXI of \n such Act which the Secretary of Health and Human Services \n determines requires State legislation (other than legislation \n appropriating funds) in order for the plan to meet the \n additional requirements imposed by the amendments made by this \n section, such State plan shall not be regarded as failing to \n comply with the requirements of such title solely on the basis \n of its failure to meet these additional requirements before the \n first day of the first calendar quarter beginning after the \n close of the first regular session of the State legislature \n that begins after the date of the enactment of this Act. For \n purposes of the previous sentence, in the case of a State that \n has a 2-year legislative session, each year of such session \n shall be deemed to be a separate regular session of the State \n legislature.","summary":"Accelerating Kids' Access to Care Act This bill requires: (1)nbsp. State Medicaid programs to adopt a streamlined screening and enrollment process for eligible out-of-state providers and suppliers, and (2)nbsp, the Centers for Medicare amp, Medicaid Services tonbsp. Establish a process for providers and suppliers to enroll simultaneously in the Medicare and Medicaid programs.","title":"Accelerating Kids\u2019 Access to Care Act","text_len":6433,"sum_len":378} {"bill_id":"106_s1524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Motor Carrier Safety Specialist \nCertification Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds the following:\n (1) The Transportation Equity Act for the 21st Century \n provides for the Secretary of Transportation to work in \n partnership with States and other political jurisdictions to \n establish programs to improve motor carrier, commercial motor \n vehicle, and driver safety, to support a safe and efficient \n transportation system by focusing resources on strategic safety \n investments, to promote safe for-hire and private \n transportation, including transportation of passengers and \n hazardous materials, to identify high-risk carriers and \n drivers, and to invest in activities likely to generate maximum \n reductions in the number and severity of commercial motor \n vehicle crashes.\n (2) The Department of Transportation's Office of Inspector \n General Report on the Federal Highway Administration's Motor \n Carrier Safety Program found that established policies and \n procedures do not ensure that motor carrier safety regulations \n are enforced.\n (3) The Report also found that the Safety Status \n Measurement System (known as ``SafeStat''), which was \n implemented to identify and target motor carriers with high-\n risk safety records, cannot target all carriers with the worst \n records because its database is incomplete and inaccurate, and \n data input is not timely.\n (4) Testimony by the General Accounting Office before the \n House of Representatives' Subcommittee on Transportation and \n Related Agencies indicated that SafeStat's ability to target \n high-risk carriers is also limited by out-of-date census data.\n (5) There are no procedures in place to certify Federal, \n State, and private motor carrier safety specialists and no \n standards to ensure consistent carrier compliance reviews.\n (6) There are no established protocols for acceptance of \n data from third-party or non-Federal or non-State motor carrier \n safety specialists, which detail the safety factors of motor \n carriers.\n (b) Purpose.--The purpose of this Act is to provide for the \ncreation of a certification program for Motor Carrier Safety \nSpecialists and to establish certain informational requirements in \norder to promote highway safety through a comprehensive review of motor \ncarriers.\n\nSEC. 3. CREATION OF A CERTIFICATION PROGRAM FOR MOTOR CARRIER SAFETY \n SPECIALISTS.\n\n (a) In General.--Chapter 311 of title 49, United States Code, is \namended by adding at the end thereof the following:\n``Sec. 31148. Certified motor carrier safety specialists\n ``(a) In General.--The Secretary of Transportation, in consultation \nwith the Motor Carrier Safety Specialist Certification Board, shall \nestablish a program for the training and certification of Federal, \nState and local government, and nongovernmental motor carrier safety \nspecialists by an organization described in section 501(c)(3) of the \nInternal Revenue Code of 1986 that is--\n ``(1) exempt from taxation under section 501(c)(1) of such \n Code established for the exclusive purpose of developing and \n administering training, testing, and certification procedures \n for motor carrier safety specialists; and\n ``(2) designated by the Secretary as the entity for \n carrying out the requirements of this section.\n ``(b) Certified Compliance Review Required.--No safety compliance \nreview under this chapter, or required by this chapter, chapter 315, or \nthe regulations in part 390 of title 49, Code of Federal Regulations, \nmore than 3 years after the date of enactment of the Motor Carrier \nSafety Specialist Certification Act is valid unless it is conducted by \na motor carrier safety specialist certified under the program \nestablished under subsection (a).''.\n (b) Conforming Amendment.--The chapter analysis for chapter 311 of \ntitle 49, United States Code, is amended by adding at the end thereof \nthe following:\n\n``31148. Certified motor carrier safety specialists.''.\n\nSEC. 4. PHASE-IN OF CERTIFICATION REQUIREMENT.\n\n (a) Establishment of Program.--The Secretary of Transportation \nshall establish the program required by section 31148(a) of title 49, \nUnited States Code, within 12 months after the date of enactment of \nthis Act.\n (b) Certification of Federal Motor Carrier Safety Specialists.--The \nSecretary shall ensure that--\n (1) within 24 months after the date of enactment of this \n Act--\n (A) at least 50 percent of the employees of the \n Department of Transportation who perform reviews to \n determine compliance of carriers in accordance with \n regulations promulgated by the Secretary of \n Transportation, and\n (B) all State and local government employees who \n perform such compliance reviews, are certified under \n the program established under section 31148 of title \n 49, United States Code; and\n (2) within 36 months after such date, all Federal, State \n and local employees, and all non-governmental personnel, \n performing such compliance reviews are so certified.\n\nSEC. 5. CLEARINGHOUSE FUNCTION.\n\n (a) Verification of Information.--Section 31106(a) of title 49, \nUnited States Code, is amended by adding at the end of the following:\n ``(5) In carrying out the provisions of this section and \n section 31309, the Secretary shall accept and include \n information, subject to verification by a clearinghouse \n designated by the Motor Carrier Safety Specialist Certification \n Board, obtained from non-governmental motor carrier safety \n specialists certified under section 31148. The Secretary of \n Transportation shall work with the Motor Carrier Safety \n Specialist Certification Board and State Governments to \n establish by January 1, 2001 data exchange protocols that will \n enable the Secretary of Transportation to process data received \n from motor carrier safety specialists certified under section \n 31148.''.\n (b) Information Available to Public.--Section 31106(e) of title 49, \nUnited States Code, is amended by adding at the end the following: \n``The Secretary of Transportation shall ensure that information \nobtained from motor carrier safety specialists certified under section \n31148 of title 49, United States Code, is made available to the public, \nin accordance with such policy, in an easily accessible and \nunderstandable manner through the clearinghouse designated by the Motor \nCarrier Safety Specialist Certification Board no later than January 1, \n2002.''.\n\nSEC. 6. PUBLIC EDUCATION FUNCTION.\n\n The Secretary of Transportation shall work with the Motor Carrier \nSafety Specialist Certification Board to establish and carry out a \npublic education campaign to promote the use of safety performance \ninformation available under chapter 311 of title 49, United States \nCode, for the purpose of encouraging the use of such information in the \ndecision-making process for hiring motor carriers.\n\nSEC. 7. DEFINITIONS.\n\n Motor Carrier Safety Specialist.--A Motor Carrier Safety Specialist \nis an individual who:\n (1) is responsible for conducting regulatory compliance \n reviews and safety inspections of commercial motor carriers,","summary":"Directs the Secretary to work with the Motor Carrier Safety Specialist Certification Board to establish and carry out a public education campaign to promote the use of safety performance information in the decision-making process for hiring motor carriers. Defines motor carrier safety specialist to mean an individual responsible for conducting regulatory compliance reviews and safety inspections of commercial motor carriers.","title":"Motor Carrier Safety Specialist Certification Act","text_len":7776,"sum_len":428} {"bill_id":"112_hr2746","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cancer Drug Coverage Parity Act of \n2011''.\n\nSEC. 2. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.\n\n (a) Employee Retirement Income Security Act of 1974 Amendments.--\n(1) Subpart B of part 7 of subtitle B of title I of the Employee \nRetirement Income Security Act of 1974 is amended by adding at the end \nthe following new section:\n\n``SEC. 716. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.\n\n ``(a) In General.--Subject to subsection (b), a group health plan, \nand a health insurance issuer providing health insurance coverage in \nconnection with a group health plan, that provides benefits with \nrespect to intravenously administered or injected anticancer \nmedications shall provide for no less favorable coverage for \nprescribed, orally administered anticancer medication that is used to \nkill or slow the growth of cancerous cells and that has been approved \nby the Food and Drug Administration.\n ``(b) Limitation.--Subsection (a) shall only apply to anticancer \nmedication that is prescribed based on a finding by the treating \nphysician that the medication--\n ``(1) is medically necessary for the purpose of killing or \n slowing the growth of cancerous cells in a manner that is in \n accordance with nationally accepted standards of medical \n practice;\n ``(2) is clinically appropriate in terms of type, \n frequency, extent site, and duration; and\n ``(3) is not primarily for the convenience of the patient, \n physician, or other health care provider.\n ``(c) Application of Cost-Sharing and Restrictions.--\n ``(1) In general.--The coverage of anticancer medication \n under subsection (a) may be subject to annual deductibles and \n coinsurance or copayments so long as such deductibles, \n coinsurance, and copayments do not exceed the deductibles, \n coinsurance, and copayments that are applicable to \n intravenously administered or injected anticancer medications \n under the plan or coverage for the same purpose.\n ``(2) Restriction.--A group health plan or health insurance \n issuer may not, in order to comply with the requirement of \n subsection (a)--\n ``(A) impose an increase in out-of-pocket costs \n with respect to anticancer medications; or\n ``(B) reclassify benefits with respect to \n anticancer medications.\n ``(d) Application of Notice, Prohibitions, Etc.--The provisions of \nsubsections (b), (c), (d), and (e)(2) of section 713 shall apply with \nrespect to the coverage required by subsection (a) in the same manner \nas they apply with respect to the coverage required under such section, \nexcept that January 1, 2012, shall be substituted for the date referred \nto in subsection (b)(3) of such section.\n ``(e) Construction.--Nothing in this section shall be construed--\n ``(1) to require the use of orally administered anticancer \n medications as a replacement for other anticancer medications; \n or\n ``(2) to prohibit a group health plan or health insurance \n issuer from requiring prior authorization or imposing other \n appropriate utilization controls in approving coverage for any \n chemotherapy.''.\n (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by \nstriking ``section 711'' and inserting ``sections 711 and 716''.\n (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by \nstriking ``section 711'' and inserting ``sections 711 and 716''.\n (4) The table of contents in section 1 of such Act is amended by \ninserting after the item relating to section 714 the following new \nitems:\n\n``Sec. 715. Additional market reforms.\n``Sec. 716. Parity in coverage for oral anticancer drugs.''.\n (b) Public Health Service Act Amendments.--(1) Title XXVII of the \nPublic Health Service Act is amended by inserting after section 2728 \n(42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient \nProtection and Affordable Care Act (Public Law 111-148), the following \nnew section:\n\n``SEC. 2729. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.\n\n ``(a) In General.--Subject to subsection (b), a group health plan, \nand a health insurance issuer offering group or individual health \ninsurance coverage, that provides benefits with respect to \nintravenously administered or injected anticancer medications shall \nprovide for no less favorable coverage for prescribed, orally \nadministered anticancer medication that is used to kill or slow the \ngrowth of cancerous cells and that has been approved by the Food and \nDrug Administration.\n ``(b) Limitation.--Subsection (a) shall only apply to anticancer \nmedication that is prescribed based on a finding by the treating \nphysician that the medication--\n ``(1) is medically necessary for the purpose of killing or \n slowing the growth of cancerous cells in a manner that is in \n accordance with nationally accepted standards of medical \n practice;\n ``(2) is clinically appropriate in terms of type, \n frequency, extent site, and duration; and\n ``(3) is not primarily for the convenience of the patient, \n physician, or other health care provider.\n ``(c) Application of Cost-Sharing and Restrictions.--\n ``(1) In general.--The coverage of anticancer medication \n under subsection (a) may be subject to annual deductibles and \n coinsurance or copayments so long as such deductibles, \n coinsurance, and copayments do not exceed the deductibles, \n coinsurance, and copayments that are applicable to \n intravenously administered or injected anticancer medications \n under the plan or coverage for the same purpose.\n ``(2) Restriction.--A group health plan or health insurance \n issuer may not, in order to comply with the requirement of \n subsection (a)--\n ``(A) impose an increase in out-of-pocket costs \n with respect to anticancer medications; or\n ``(B) reclassify benefits with respect to \n anticancer medications.\n ``(d) Application of Notice, Prohibitions, Etc.--The provisions of \nsubsections (b), (c), (d), and (e)(2) of section 713 of the Employee \nRetirement and Income Security Act of 1974 shall apply with respect to \nthe coverage required by subsection (a) in the same manner as they \napply with respect to the coverage required under such section, except \nthat January 1, 2012, shall be substituted for the date referred to in \nsubsection (b)(3) of such section.\n ``(e) Construction.--Nothing in this section shall be construed--\n ``(1) to require the use of orally administered anticancer \n medications as a replacement for other anticancer medications; \n or\n ``(2) to prohibit a group health plan or health insurance \n issuer from requiring prior authorization or imposing other \n appropriate utilization controls in approving coverage for any \n chemotherapy.''.\n (2) Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as \nredesignated by section 1001(4) and subsection (c)(14) of the section \n1563 (relating to conforming amendments) of Public Law 111-148, is \namended by striking ``section 2704'' and inserting ``sections 2725 and \n2729''.\n (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is \namended by striking ``section 2751'' and inserting ``sections 2751 and \n2729''.\n (4) For purposes of applying section 2729 of the Public Health \nService Act, as inserted by paragraph (1), to individual health \ninsurance coverage before 2014, the provisions of such section shall be \ntreated as also included under part B of title XXVII of the Public \nHealth Service Act.\n (c) Internal Revenue Code Amendments.--\n (1) In general.--Subchapter B of chapter 100 of the \n Internal Revenue Code of 1986, as amended by subsection (f) of \n the section 1563 (relating to conforming amendments) of Public \n Law 111-148, is amended by adding at the end the following new \n section:\n\n``SEC. 9816. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.\n\n ``(a) In General.--Subject to subsection (b), a group health plan \nthat provides benefits with respect to intravenously administered or \ninjected anticancer medications shall provide for no less favorable \ncoverage for prescribed, orally administered anticancer medication that \nis used to kill or slow the growth of cancerous cells and that has been \napproved by the Food and Drug Administration.\n ``(b) Limitation.--Subsection (a) shall only apply to anticancer \nmedication that is prescribed based on a finding by the treating \nphysician that the medication--\n ``(1) is medically necessary for the purpose of killing or \n slowing the growth of cancerous cells in a manner that is in \n accordance with nationally accepted standards of medical \n practice;\n ``(2) is clinically appropriate in terms of type, \n frequency, extent site, and duration; and\n ``(3) is not primarily for the convenience of the patient, \n physician, or other health care provider.\n ``(c) Application of Cost-Sharing and Restrictions.--\n ``(1) In general.--The coverage of anticancer medication \n under subsection (a) may be subject to annual deductibles and \n coinsurance or copayments so long as such deductibles, \n coinsurance, and copayments do not exceed the deductibles, \n coinsurance, and copayments that are applicable to \n intravenously administered or injected anticancer medications \n under the plan for the same purpose.\n ``(2) Restriction.--A group health plan may not, in order \n to comply with the requirement of subsection (a)--\n ``(A) impose an increase in out-of-pocket costs \n with respect to anticancer medications; or\n ``(B) reclassify benefits with respect to \n anticancer medications.\n ``(d) Application of Notice, Prohibitions, Etc.--The provisions of \nsubsections (b), (c), (d), and (e)(2) of section 713 of the Employee \nRetirement and Income Security Act of 1974 shall apply with respect to \nthe coverage required by subsection (a) in the same manner as they \napply with respect to the coverage required under such section, except \nthat January 1, 2012, shall be substituted for the date referred to in \nsubsection (b)(3) of such section.\n ``(e) Construction.--Nothing in this section shall be construed--\n ``(1) to require the use of orally administered anticancer \n medications as a replacement for other anticancer medications; \n or\n ``(2) to prohibit a group health plan or health insurance \n issuer from requiring prior authorization or imposing other \n appropriate utilization controls in approving coverage for any \n chemotherapy.''.\n (2) Clerical amendment.--The table of sections for such \n subchapter is amended by adding at the end the following new \n items:\n\n``Sec. 9815. Additional market reforms.\n``Sec. 9816. Parity in coverage for oral anticancer drugs.''.\n (d) Clarifying Amendment Regarding Application to Grandfathered \nPlans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable \nCare Act (Public Law 111-148; 42 U.S.C. 18011(a)(4)(A)), as added by \nsection 2301(a) of Public Law 111-152, is amended by adding at the end \nthe following new clause:\n ``(v) Section 2729 (relating to standards \n relating to benefits for minor child's \n congenital or developmental deformity or \n disorder), as added by section 2(b) of the \n Cancer Drug Coverage Parity Act of 2011.''.\n (e) Effective Date.--The amendments made by this section shall \napply with respect to group health plans for plan years beginning on or \nafter January 1, 2012, and with respect to health insurance coverage \noffered, sold, issued, renewed, in effect, or operated in the \nindividual market on or after such date.\n (f) Study.--Not later than 2 years after the date of the enactment \nof this Act--\n (1) the Medicare Payment Advisory Commission shall complete \n a study that assesses how closing the Medicare part D donut \n hole under the amendments made by section 3301 of the Patient \n Protection and Affordable Care Act (Public Law 111-148), as \n amended by section 1101 of the Health Care and Education \n Reconciliation Act of 2010 (Public Law 111-152), affects \n Medicare coverage for orally administered anticancer \n medications, with a particular focus on cost and accessibility; \n and\n (2) submit a report to Congress on the results of such \n study.","summary":"Cancer Drug Coverage Parity Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits for intravenously administered or injected anticancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration (FDA). Applies such requirement to medication that is prescribed based on a finding by the treating physician that the medication is: (1) medically necessary for the purpose of killing or slowing the growth of cancerous cells in accordance with nationally accepted standards of medical practice. (2) clinically appropriate in terms of type, frequency, extent site, and duration. And (3) not primarily for the convenience of the patient, physician, or other health care provider. Permits such coverage to be subject to the same cost-sharing applicable to intravenously administered or injected anticancer medications under the plan. Prohibits a health plan from imposing an increase in out-of-pocket costs, or reclassifying benefits, with respect to anticancer medications. Requires a plan to provide notice to each participant and beneficiary regarding the coverage required under this Act. Prohibits a health plan from taking specified actions to avoid the requirements of this Act. Requires the Medicare Payment Advisory Commission to assess how closing the Medicare part D donut hole affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility.","title":"To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral anticancer drugs on terms no less favorable than the coverage provided for intravenously administered anticancer medications.","text_len":13110,"sum_len":1730} {"bill_id":"106_hr4429","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Commerce Enhancement Act \nof 2000''.\n\n TITLE I--ELECTRONIC COMMERCE\n\nSEC. 101. FINDINGS.\n\n The Congress finds the following:\n (1) Commercial transactions on the Internet, whether retail \n business-to-customer or business-to-business, are commonly \n called electronic commerce.\n (2) In the United States, business-to-business transactions \n between small and medium-sized manufacturers and other such \n businesses and their suppliers is rapidly growing, as many of \n these businesses begin to use Internet connections for supply-\n chain management, after-sales support, and payments.\n (3) Small and medium-sized manufacturers and other such \n businesses play a critical role in the United States economy.\n (4) Electronic commerce can help small and medium-sized \n manufacturers and other such businesses develop new products \n and markets, interact more quickly and efficiently with \n suppliers and customers, and improve productivity by increasing \n efficiency and reducing transaction costs and paperwork. Small \n and medium-sized manufacturers and other such businesses who \n fully exploit the potential of electronic commerce activities \n can use it to interact with customers, suppliers, and the \n public, and for external support functions such as personnel \n services and employee training.\n (5) The National Institute of Standards and Technology's \n Manufacturing Extension Partnership program has a successful \n record of assisting small and medium-sized manufacturers and \n other such businesses. In addition, the Manufacturing Extension \n Partnership program, working with the Small Business \n Administration, successfully assisted United States small \n enterprises in remediating their Y2K computer problems.\n (6) A critical element of electronic commerce is the \n ability of different electronic commerce systems to exchange \n information. The continued growth of electronic commerce will \n be enhanced by the development of private voluntary \n interoperability standards and testbeds to ensure the \n compatibility of different systems.\n\nSEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE.\n\n (a) Advisory Panel.--The Director of the National Institute of \nStandards and Technology (in this title referred to as the \n``Director'') shall establish an Advisory Panel to report on the \nchallenges facing small and medium-sized manufacturers and other such \nbusinesses in integrating and utilizing electronic commerce \ntechnologies and business practices. The Advisory Panel shall be \ncomprised of representatives of the Technology Administration, the \nNational Institute of Standards and Technology's Manufacturing \nExtension Partnership program established under sections 25 and 26 of \nthe National Institute of Standards and Technology Act (15 U.S.C. 278k \nand 278l), the Small Business Administration, and other relevant \nparties as identified by the Director.\n (b) Initial Report.--Within 12 months after the date of the \nenactment of this Act, the Advisory Panel shall report to the Director \nand to the Committee on Science of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate on the \nimmediate requirements of small and medium-sized manufacturers and \nother such businesses to integrate and utilize electronic commerce \ntechnologies and business practices. The report shall--\n (1) describe the current utilization of electronic commerce \n practices by small and medium-sized manufacturers and other \n such businesses, detailing the different levels between \n business-to-retail customer and business-to-business \n transactions;\n (2) describe and assess the utilization and need for \n encryption and electronic authentication components and \n electronically stored data security in electronic commerce for \n small and medium-sized manufacturers and other such businesses;\n (3) identify the impact and problems of interoperability to \n electronic commerce, and include an economic assessment; and\n (4) include a preliminary assessment of the appropriate \n role of, and recommendations for, the Manufacturing Extension \n Partnership program to assist small and medium-sized \n manufacturers and other such businesses to integrate and \n utilize electronic commerce technologies and business \n practices.\n (c) Final Report.--Within 18 months after the date of the enactment \nof this Act, the Advisory Panel shall report to the Director and to the \nCommittee on Science of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate a 3-year \nassessment of the needs of small and medium-sized manufacturers and \nother such businesses to integrate and utilize electronic commerce \ntechnologies and business practices. The report shall include--\n (1) a 3-year planning document for the Manufacturing \n Extension Partnership program in the field of electronic \n commerce; and\n (2) recommendations, if necessary, for the National \n Institute of Standards and Technology to address \n interoperability issues in the field of electronic commerce.\n\nSEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM.\n\n The National Institute of Standards and Technology's Manufacturing \nExtension Partnership program, in consultation with the Small Business \nAdministration, shall establish a pilot program to assist small and \nmedium-sized manufacturers and other such businesses in integrating and \nutilizing electronic commerce technologies and business practices. The \ngoal of the pilot program shall be to provide small and medium-sized \nmanufacturers and other such businesses with the information they need \nto make informed decisions in utilizing electronic commerce-related \ngoods and services. Such program shall be implemented through a \ncompetitive grants program for existing Regional Centers for the \nTransfer of Manufacturing Technology established under section 25 of \nthe National Institute of Standards and Technology Act (15 U.S.C. \n278k). In carrying out this section, the Manufacturing Extension \nPartnership program shall consult with the Advisory Panel and utilize \nthe Advisory Panel's reports.\n\n TITLE II--ENTERPRISE INTEGRATION\n\nSEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN.\n\n (a) Assessment.--The Director shall work to identify critical \nenterprise integration standards and implementation activities for \nmajor manufacturing industries underway in the United States. For each \nmajor manufacturing industry, the Director shall work with industry \nrepresentatives and organizations currently engaged in enterprise \nintegration activities and other appropriate representatives as \nnecessary. They shall assess the current state of enterprise \nintegration within the industry, identify the remaining steps in \nachieving enterprise integration, and work toward agreement on the \nroles of the National Institute of Standards and Technology and of the \nprivate sector in that process. Within 90 days after the date of the \nenactment of this Act, the Director shall report to the Congress on \nthese matters and on anticipated related National Institute of \nStandards and Technology activities for the then current fiscal year.\n (b) Plans and Reports.--Within 180 days after the date of the \nenactment of this Act, the Director shall submit to the Congress a plan \nfor enterprise integration for each major manufacturing industry, \nincluding milestones for the National Institute of Standards and \nTechnology portion of the plan, the dates of likely achievement of \nthose milestones, and anticipated costs to the Government and industry \nby fiscal year. Updates of the plans and a progress report for the past \nyear shall be submitted annually until for a given industry, in the \nopinion of the Director, enterprise integration has been achieved.\n\nSEC. 202. DEFINITIONS.\n\n For purposes of this title--\n (1) the term ``Director'' means the Director of the \n National Institute of Standards and Technology;\n (2) the term ``enterprise integration'' means the \n electronic linkage of manufacturers, assemblers, and suppliers \n to enable the electronic exchange of product, manufacturing, \n and other business data among all businesses in a product \n supply chain, and such term includes related application \n protocols and other related standards; and\n (3) the term ``major manufacturing industry'' includes the \n aerospace, automotive, electronics, shipbuilding, construction, \n home building, furniture, textile, and apparel industries and \n such other industries as the Director designates.\n\n Passed the House of Representatives September 26, 2000.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program. And (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries. (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year. And (3) submit to Congress a plan for enterprise integration for each major manufacturing industry .","title":"Electronic Commerce Enhancement Act of 2000","text_len":9397,"sum_len":681} {"bill_id":"111_hr1143","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Developing Resources Immediately and \nLong-Term through Leases on Our Nation's Offshore Waters Act of 2009'' \nor the ``DRILL NOW Act of 2009''.\n\nSEC. 2. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.\n\n Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1341(a)) is amended--\n (1) by striking ``the President'' and inserting ``(1) \n Except as provided in paragraph (2), the President''; and\n (2) by adding at the end the following: , are hereby \n revoked.\n ``(2)(A) The President may not withdraw any lands of the outer \nContinental Shelf from disposition for exploration, development, or \nproduction of oil and gas, except as the President determines necessary \nfor national security purposes.\n ``(B) This paragraph shall not affect any withdrawal in effect \nimmediately before the enactment of the DRILL NOW Act of 2009''.\n\nSEC. 3. AVAILABILITY OF CERTAIN AREAS FOR LEASING.\n\n Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) \nis amended by adding at the end the following:\n ``(q) Availability of Certain Areas for Leasing.--\n ``(1) Definitions.--In this subsection:\n ``(A) Coastal zone.--The term `coastal zone' has \n the meaning that term has in section 304 of the Coastal \n Zone Management Act of 1972 (16 U.S.C. 1453).\n ``(B) Governor.--The term `Governor' means the \n Governor of a State.\n ``(C) Qualified revenues.--The term `qualified \n revenues' means all rentals, royalties, bonus bids, and \n other sums due and payable to the United States from \n leases entered into on or after the date of enactment \n of the DRILL NOW Act of 2009 for natural gas \n exploration and extraction activities authorized by the \n Secretary under this subsection.\n ``(2) Petition.--\n ``(A) In general.--The Governor of a State may \n submit to the Secretary a petition requesting that the \n Secretary issue leases authorizing the conduct of oil \n and natural gas exploration and extraction activities \n in any area that is within 50 miles of the coastline of \n the State and within the lateral seaward boundaries of \n the State extended.\n ``(B) Contents.--In any petition under subparagraph \n (A), the Governor shall include a detailed plan of the \n proposed exploration and extraction activities, as \n applicable.\n ``(3) Action by secretary.--\n ``(A) In general.--Subject to subparagraphs (B), \n (C), and (D), as soon as practicable after the date of \n receipt of a petition under paragraph (2), the \n Secretary shall approve or deny the petition.\n ``(B) Requirements for exploration and \n extraction.--The Secretary shall not approve a petition \n submitted under paragraph (2)(A) unless the State \n enacts a statute authorizing the issuance of leases for \n exploration and extraction of oil and natural gas in \n the coastal zone of the State.\n ``(C) Consistency with legislation.--The plan \n provided in the petition under paragraph (2)(B) shall \n be consistent with the statute described in \n subparagraph (B).\n ``(D) Conflicts with military operations and \n national security.--The Secretary shall not approve a \n petition for a drilling activity under this paragraph--\n ``(i) if the drilling activity would \n conflict with any military operation or \n national security, as determined by the \n President; or\n ``(ii) in any area that is withdrawn under \n section 12(a) for national security purposes.\n ``(4) Disposition of revenues.--Notwithstanding section 9, \n for each applicable fiscal year, the Secretary of the \n Treasury--\n ``(A) shall deposit 30 percent of qualified \n revenues in a separate account in the Treasury, which--\n ``(i) shall be known as the Clean and \n Alternative Energy Fund; and\n ``(ii) shall be available to the Secretary \n of Energy for making grants for research and \n development of clean and alternative energy;\n ``(B) in the case of a lease tract any portion of \n which is located within 50 miles of the coastline of \n one or more States that have a portion of such leased \n tract within the seaward lateral boundaries of such \n State extended--\n ``(i) shall pay, in accordance with clause \n (ii), an amount equal to 40 percent of \n qualified revenues under such lease to the \n States with respect to which the lease tract is \n so located and that have enacted a statute that \n establishes a plan for expenditure of those \n funds; and\n ``(ii) shall pay to each such State a \n portion of such amount that is proportional to \n the portion of the lease tract that is so \n located with respect to the State; and\n ``(C) shall deposit the remainder of qualified \n revenues in the general fund of the Treasury.\n ``(r) Payment of Revenues Under Certain Existing Leases.--Of the \nfunds that would be received by the United States as royalties under \nany Federal oil and gas lease of an area on the outer Continental Shelf \nlocated within 50 miles of the coastline of the State of Texas, \nLouisiana, Mississippi, or Alabama that is in effect on the date of \nenactment of the DRILL NOW Act of 2009 the Secretary of the Treasury--\n ``(1) shall deposit 30 percent in the Clean and Alternative \n Energy Fund established under subsection (q)(4)(A);\n ``(2) in the case of a lease tract any portion of which is \n located within 50 miles of the coastline of one or more such \n States that have a portion of such leased tract within the \n seaward lateral boundaries of such State extended--\n ``(A) shall pay, in accordance with subparagraph \n (B), an amount equal to 40 percent to the States with \n respect to which the lease tract is so located and that \n have enacted a statute that establishes a plan for \n expenditure of those funds; and\n ``(B) shall pay to each such State a portion of \n such amount that is proportional to the portion of the \n leased tract that is so located with respect to the \n State; and\n ``(3) shall deposit the remainder in the general fund of \n the Treasury.''.","summary":"Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2009 or DRILL NOW Act of 2009 - Amends the Outer Continental Shelf Lands Act (OCSLA) to revoke existing presidential authority to withdraw any unleased lands of the outer Continental Shelf (OCS) from disposition for exploration, development, or production of oil and gas, except as necessary for national security. Prohibits the President from making any such withdrawals. Authorizes a state governor to petition the Secretary of the Interior to issue leases for oil and natural gas exploration and extraction in any area within 50 miles of the coastline of the state and the lateral seaward boundaries of the state extended. Prohibits the Secretary from approving a petition for a drilling activity: (1) unless the state enacts a statute authorizing the issuance of leases. (2) if it would conflict with a military operation or national security. Or (3) in any area withdrawn for national security purposes. Instructs the Secretary of the Treasury to deposit 30 of qualified revenues into a separate Clean and Alternative Energy Fund in the Treasury, to be made available to the Secretary of Energy for grants for research and development of clean and alternative energy. Requires the Secretary of the Treasury to: (1) deposit into the Clean and Alternative Energy Fund 30 of any funds that would be received by the United States as royalties under any existing federal OCS oil and gas lease of an area located within 50 miles of the coastal zone of the states of Texas, Louisiana, Mississippi, or Alabama. And (2) pay 40 of such funds in proportional amounts to states with respect to which a lease tract is located in such an area.","title":"To achieve greater national energy independence by limiting presidential withdrawals of offshore lands from disposition for exploration, development, or production of oil and gas, to authorize States to petition for authorization to conduct offshore oil and natural gas exploration and extraction in any area that is within 50 miles of the coastline of the State and within the seaward lateral boundaries of the State extended, to share offshore oil and gas revenues with States, and for other purposes.","text_len":7523,"sum_len":1735} {"bill_id":"110_s1403","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Farm-to-Fuel Investment Act of \n2007''.\n\nSEC. 2. BIOENERGY TRANSITION ASSISTANCE.\n\n (a) Definitions.--Section 9003(b) of the Farm Security and Rural \nInvestment Act of 2002 (7 U.S.C. 8103(b)) is amended--\n (1) by redesignating paragraphs (2) through (4) as \n paragraphs (5) through (7), respectively; and\n (2) by inserting after paragraph (1) the following:\n ``(2) Bioenergy crop.--\n ``(A) In general.--The term `bioenergy crop' \n means--\n ``(i) a perennial plant that can be used as \n feedstock for bioenergy production; or\n ``(ii) an annual plant that--\n ``(I) can be used as feedstock for \n bioenergy production; and\n ``(II) is grown in a resource-\n conserving crop rotation.\n ``(B) Exclusions.--The term `bioenergy crop' does \n not include--\n ``(i) any crop that is eligible for any \n payments under title I; or\n ``(ii) any plant that--\n ``(I) the Secretary determines to \n be invasive or noxious; or\n ``(II) has the potential to become \n invasive or noxious, as determined by \n the Secretary, in consultation with the \n United States Fish and Wildlife Service \n or a State conservation agency.\n ``(3) Bioenergy cropshed.--The term `bioenergy cropshed' \n means a bioenergy cropshed designated by the Secretary under \n subsection (g)(1).\n ``(4) Bioenergy producer.--The term `bioenergy producer' \n means a producer that produces a bioenergy crop that, as \n determined by the Secretary--\n ``(A) is physically located in a bioenergy \n cropshed; and\n ``(B) can be used by the local biorefinery.''.\n (b) Bioenergy Transition Assistance.--Section 9003 of the Farm \nSecurity and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended--\n (1) by redesignating subsections (g) and (h) as subsections \n (h) and (i), respectively; and\n (2) by inserting after subsection (f) the following:\n ``(g) Bioenergy Transition Assistance.--\n ``(1) Designation of bioenergy cropsheds.--\n ``(A) In general.--The Secretary shall designate as \n bioenergy cropsheds, areas that are physically located \n within, as determined by the Secretary--\n ``(i) a 50-mile radius of an existing or \n planned biorefinery; or\n ``(ii) some other economically-practicable \n distance from an existing or planned \n biorefinery.\n ``(B) Specific conservation objectives.--Each \n bioenergy cropshed designated under subparagraph (A) \n shall include specific conservation objectives for \n local resources of concern, including water quality, \n wildlife habitat, soil quality, and air quality, as \n determined by the Secretary, acting through the Natural \n Resources Conservation Service and in consultation with \n State technical committees.\n ``(C) Priority.--In designating bioenergy cropsheds \n under subparagraph (A), the Secretary shall give \n priority to--\n ``(i) locations in which the establishment \n of bioenergy cropsheds is most likely, as \n determined by the Secretary, to result in--\n ``(I) geographic diversity;\n ``(II) diversity of feedstocks;\n ``(III) net environmental benefit; \n and\n ``(IV) minimal environmental harm; \n and\n ``(ii) areas in which the existing or \n planned biorefinery is owned primarily by \n residents of a rural area.\n ``(2) Bioenergy crop transition assistance.--\n ``(A) In general.--The Secretary, acting through \n the Natural Resources Conservation Service, shall offer \n to enter into contracts with producers on a farm in a \n bioenergy cropshed to provide bioenergy crop transition \n assistance to encourage the producers to produce \n bioenergy crops for a biorefinery located in the \n bioenergy cropshed.\n ``(B) Term of contract.--Contracts described in \n subparagraph (A) shall be for a term of 3 years.\n ``(3) Eligibility.--\n ``(A) In general.--As a condition of entering into \n a bioenergy crop transition assistance contract, the \n producers on a farm shall, as determined by the \n Secretary--\n ``(i) demonstrate that the producers are \n producing a bioenergy crop that is contracted \n for use by the biorefinery in the bioenergy \n cropshed;\n ``(ii) agree to meet the quality criteria \n for water quality, wildlife habitat, and soil \n quality by the end of the contract period; and\n ``(iii) agree to make available to the \n Secretary (or to an institution of higher \n education designated by the Secretary) such \n information as the Secretary considers to be \n appropriate--\n ``(I) to promote the production of \n bioenergy crops and the development of \n biorefinery technology; and\n ``(II) to evaluate the bioenergy \n transition assistance.\n ``(B) Best practices database.--Subject to section \n 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), \n the Secretary shall make available to the public in a \n database format the best practices information \n developed by the Secretary in providing bioenergy \n transition assistance.\n ``(4) Amount of payments.--In determining the amount of \n annual bioenergy crop transition assistance to be paid to \n producers on a farm under this subsection, the Secretary shall \n consider--\n ``(A) the cost of establishing the bioenergy crop;\n ``(B) the amount necessary to encourage producers \n on a farm to produce bioenergy crops in the quantity \n needed by the biorefinery in the bioenergy cropshed;\n ``(C) the amount that the producers on a farm would \n have earned if the producers had produced a crop other \n than a bioenergy crop; and\n ``(D) such other factors as the Secretary considers \n to be appropriate.\n ``(5) Funding.--Of the funds of the Commodity Credit \n Corporation, the Secretary shall use to carry out this \n subsection $350,000,000 for the period of fiscal years 2008 \n through 2012, to remain available until expended.''.\n (c) Conforming Amendments.--Section 1770(d) of the Food Security \nAct of 1985 (7 U.S.C. 2276(d)) is amended--\n (1) in paragraph (11), by striking ``or'' at the end;\n (2) in paragraph (12), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(13) section 9003(g) of the Farm Security and Rural \n Investment of 2002 (7 U.S.C. 8103(g))''.\n\nSEC. 3. CONSERVATION SECURITY PROGRAM.\n\n (a) Definition of Bioenergy Crops.--Section 1238 of the Food \nSecurity Act of 1985 (16 U.S.C. 3838) is amended--\n (1) by redesignating paragraphs (3) through (15) as \n paragraphs (5) through (17), respectively; and\n (2) by inserting after paragraph (2) the following:\n ``(3) Bioenergy crop.--The term `bioenergy crop' has the \n meaning given the term in section 9003(b) of the Farm Security \n and Rural Investment of 2002 (7 U.S.C. 8103(b)).\n ``(4) Bioenergy producer.--The term `bioenergy producer' \n has the meaning given the term in section 9003(b) of the Farm \n Security and Rural Investment of 2002 (7 U.S.C. 8103(b)).''.\n (b) Conservation Security Contracts.--Section 1238C(b)(1)(C)(iii) \nof the Food Security Act of 1985 (16 U.S.C. 3838c(b)(1)(C)(iii)) is \namended--\n (1) in subclause (IV), by striking ``or'' at the end;\n (2) in subclause (V), by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following:\n ``(VI) is a bioenergy producer and \n maintains and actively manages a \n conservation system that incorporates 2 \n or more native perennial bioenergy crop \n species; or\n ``(VII) is a bioenergy producer and \n participates in a bioenergy crop system \n research and demonstration project.''.","summary":"Farm-to-Fuel Investment Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to designate as bioenergy cropsheds areas that are physically located within a 50-mile radius, or some other economically-practicable distance, from an existing or planned biorefinery. States that each designated bioenergy cropshed shall include local conservation objectives, including water quality, wildlife habitat, soil quality, and air quality. Directs the Secretary, through the Natural Resources Conservation Service, to offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops.","title":"A bill to amend the Farm Security and Rural Investment Act of 2002 to provide incentives for the production of bioenergy crops.","text_len":10221,"sum_len":745} {"bill_id":"109_hr4097","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Education Reimbursement Act \nof 2005''.\n\nSEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS.\n\n (a) Establishment.--The Secretary of Education, in consultation \nwith the Secretary of Health and Human Services, shall--\n (1) establish a Family Education Reimbursement Account \n Program under which, at the direction of the parent of each \n displaced student who signs up under subsection (d), the \n Secretary provides reimbursement to enable the student or \n preschool-age child to attend the school or preschool program \n of his or her parent's choice during the 2005-2006 school year;\n (2) of the amount available to carry out this section for \n fiscal year 2006, use not more than one third of one percent of \n such amount for administrative expenses, including outreach, \n support services, and dissemination of information; and\n (3) contract with a nongovernmental entity to administer \n and operate the program.\n (b) Reimbursement.--\n (1) In general.--In carrying out this section, the \n Secretary--\n (A) shall allow the parent of the participating \n displaced student to select the school or preschool \n program to be attended by the student during the 2005-\n 2006 school year;\n (B) at the direction of the parent, shall provide \n reimbursement to that school or preschool program on a \n quarterly basis; and\n (C) in the case of a public school, may provide \n such reimbursement to the appropriate local fiscal \n agent for the school.\n (2) Amount.--In providing reimbursement under paragraph \n (1), the Secretary shall--\n (A) determine the amount of reimbursement to a \n school or preschool program based on the number of \n weeks during which the participating displaced student \n attended the school or preschool program during the \n preceding quarter;\n (B) subject to subparagraph (C), provide the same \n amount of reimbursement to each school and preschool \n program for each week of attendance by one \n participating displaced student;\n (C) not provide reimbursement that exceeds the \n actual cost of the school for educating students, or \n the actual cost of the preschool program, for the same \n period for students who are not displaced students;\n (D) not provide reimbursement of more than $6,700 \n on behalf of any student for the 2005-2006 school year; \n and\n (E) discontinue reimbursement once a displaced \n student returns to the school he or she attended prior \n to August 29, 2005.\n (3) Use of funds.--The Secretary may provide reimbursement \n under paragraph (1) on behalf of a displaced student only if \n the school or preschool program involved agrees--\n (A) to use the reimbursement for providing \n educational and other services to the displaced \n student; and\n (B) not to use the reimbursement for the \n construction or renovation of facilities.\n (c) Accounting of Funds.--The Secretary shall provide an \nappropriate accounting of funds for each school or program that \nreceives a payment on behalf of one or more participating displaced \nstudents under this section.\n (d) Registration.--\n (1) In general.--To seek to participate in the program \n under this section, the parent of a displaced student shall \n sign up by means of the Internet site, toll-free telephone \n number, or paper form developed under subsection (e).\n (2) Account numbers.--Upon completion of registration for \n the program under this section--\n (A) the displaced student shall be assigned an \n account number; and\n (B) the account number shall be made available to \n the parent of the student.\n (3) Families.--If a parent has more than one child who is a \n displaced student--\n (A) the parent shall be allowed to register each \n child under this subsection at the same time; and\n (B) the same account number under paragraph (2) \n shall be provided to each child.\n (e) FERA System Development and Establishment.--\n (1) In general.--The Secretary shall develop and implement \n a web-based system--\n (A) to support the registration in the program \n under this section of displaced students by means of an \n Internet site, toll-free telephone number, or paper \n form; and\n (B) to facilitate the timely payment of funds from \n the accounts of families participating in the program \n under this section to the school or preschool program \n authorized to be reimbursed for educational and other \n services rendered.\n (2) System requirements.--\n (A) Internet site; toll-free telephone number; \n paper form.--The Internet site and toll-free telephone \n number developed pursuant to paragraph (1)--\n (i) shall be integrated with each other;\n (ii) shall, with respect to the toll-free \n telephone number, not be fully automated;\n (iii) shall be operational not later than 2 \n weeks after the date of the enactment of this \n section;\n (iv) shall include privacy controls, \n consistent with section 444 of the General \n Education Provisions Act (20 U.S.C. 1232g);\n (v) shall be accessible to participating \n displaced students and their parents for the \n purpose of determining--\n (I) the amount expended under this \n section on the student's behalf to \n date; and\n (II) the amount remaining for \n expenditure under this section on the \n student's behalf;\n (vi) shall be accessible to schools and \n preschool programs for the purpose of \n facilitating reimbursement under subsection \n (b);\n (vii) shall support non-English speaking \n parents by providing information and \n registration in an understandable and uniform \n format and, to the extent practicable, in a \n language the parents can understand;\n (viii) may use existing Federal grant \n management and electronic payment systems;\n (ix) shall include information technology \n and other controls necessary to prevent fraud \n and overpayment, including mechanisms to \n validate family and school information; and\n (x) shall provide technical support \n services (including support for registration \n and processing of accounts) to the families of \n participating displaced students and the \n schools and preschool programs in which the \n students are enrolled.\n (B) Payment system.--The Secretary shall ensure \n that--\n (i) the payment system required to carry \n out this section is operational not later than \n 4 weeks after the date of the enactment of this \n section; and\n (ii) the first disbursements under this \n section are made not later than 5 weeks after \n the date of the enactment of this section.\n (3) Contractor requirements.--The Secretary shall award the \n contract required by subsection (a)(3) to a nongovernmental \n entity that--\n (A) has experience meeting the requirements \n described in paragraph (2)(A);\n (B) demonstrates expertise in the development and \n operation of information technology infrastructures, \n including the manufacture and supply of hardware and \n software, information management, electronic fund \n transfer payment systems, and customer relations \n management and outreach;\n (C) demonstrates significant experience in the \n development, implementation, and technical support for \n payment management systems operated by agencies of the \n Federal Government, including the Department of \n Education and the Department of Health and Human \n Services; and\n (D) is based, and operates help desk services, in \n the United States.\n (f) Transferring Students.--\n (1) In general.--Subject to paragraph (2), the Secretary \n shall continue to provide reimbursement under this section on \n behalf of a participating displaced student who transfers to \n one or more schools or preschool programs during the 2005-2006 \n school year.\n (2) Exception.--The Secretary shall not provide \n reimbursement under this section on behalf of a participating \n displaced student with respect to any school or preschool \n program which the student attends for less than 2 consecutive \n weeks during the 2005-2006 school year.\n (g) Additional Amount for Administrative Expenses.--In providing \nreimbursement to an entity under this section--\n (1) the Secretary shall include an additional amount equal \n to 1 percent of the total amount of such reimbursement to the \n entity for the purpose of defraying administrative expenses;\n (2) such additional amount shall not be counted for \n purposes of the maximum reimbursement amount specified in \n subsections (b)(2)(C) and (b)(2)(D); and\n (3) of the amount specified in subsections (b)(2)(C) and \n (b)(2)(D), 100 percent of such amount shall be made available \n to the school or preschool program.\n (h) Procurement.--For purposes of the contract required by \nsubsection (a)(3), the following provisions of Federal acquisition law \nshall not apply:\n (1) Title III of the Federal Property and Administrative \n Services Act of 1949 (41 U.S.C. 251 et seq.).\n (2) The Office of Federal Procurement Policy Act (41 U.S.C. \n 403 et seq.).\n (3) The Federal Acquisition Streamlining Act of 1994 \n (Public Law 103-355).\n (4) The Competition in Contracting Act.\n (5) Subchapter V of chapter 35 of title 31, relating to the \n procurement protest system.\n (6) The Federal Acquisition Regulation and any laws not \n listed in paragraphs (1) through (5) providing authority to \n promulgate regulations in the Federal Acquisition Regulation.\n (i) Audit.--The Secretary may provide reimbursement under this \nsection to a school or program on behalf of a displaced student only if \nthe school or program agrees to allow the Secretary to conduct an audit \nto review and verify that the school or program is using the \nreimbursement in accordance with subsection (b)(3).\n (j) Nondiscrimination.--\n (1) In general.--The Secretary may provide reimbursement \n under this section to a school or preschool program only if the \n school or program agrees not to discriminate against \n participating displaced students (including applicants) on the \n basis of race, color, national origin, religion, or sex.\n (2) Applicability and single sex schools, classes, or \n activities.--\n (A) In general.--Notwithstanding any other \n provision of law, the prohibition of sex discrimination \n in paragraph (1) shall not apply to a school or \n preschool program that is operated by, supervised by, \n controlled by, or connected to a religious organization \n to the extent that the application of paragraph (1) is \n inconsistent with the religious tenets or beliefs of \n the school or program.\n (B) Single sex schools, classes, or activities.--\n Notwithstanding paragraph (1) or any other provision of \n law, a parent may choose and a school may offer a \n single sex school, class, or activity.\n (3) Children with disabilities.--Nothing in this section \n may be construed to alter or modify the provisions of the \n Individuals with Disabilities Education Act.\n (4) Religiously affiliated schools.--\n (A) In general.--Notwithstanding any other \n provision of law, a school or preschool program \n receiving reimbursement under this section that is \n operated by, supervised by, controlled by, or connected \n to, a religious organization may exercise its right in \n matters of employment consistent with title VII of the \n Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), \n including the exemptions in such title.\n (B) Maintenance of purpose.--Notwithstanding any \n other provision of law, funds made available under this \n section on behalf of participating displaced students \n that are received by a school or preschool program, as \n a result of their parents' choice, shall not, \n consistent with the first amendment of the United \n States Constitution, necessitate any change in the \n school or program's teaching mission, require any \n school or program to remove religious art, icons, \n scriptures, or other symbols, or preclude any school or \n program from retaining religious terms in its name, \n selecting its board members on a religious basis, or \n including religious references in its mission \n statements and other chartering or governing documents.\n (5) Rule of construction.--Reimbursement (or any other form \n of support provided on behalf of participating displaced \n students) under this section shall be considered assistance to \n the student and shall not be considered assistance to the \n school or preschool program that enrolls the student.\n (k) Reports.--At the end of each quarter described in subsection \n(b)(2)(A), the Secretary shall submit a report to the appropriate \ncommittees of the Congress describing the implementation and results of \nthe program under this section. Such report shall--\n (1) specify the number of children served, the percentage \n of funds used on instructional activities, and the percentage \n of funds used for supplemental educational services; and\n (2) include information on the mobility of displaced \n students.\n (l) Definitions.--In this section:\n (1) The term ``displaced student'' means a student who is \n at least 4 years old, has not completed 12th grade, and would \n have attended another school or preschool program during the \n 2005-2006 school year, but for the fact that--\n (A) the school, the program, or the surrounding \n area was damaged by a Gulf hurricane disaster; and\n (B) the school or program could not reopen shortly \n after the disaster.\n (2) The term ``Gulf hurricane disaster'' means a major \n disaster that was declared to exist by the President, in \n accordance with section 401 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act (42 U.S.C. 5170), and was \n caused by Hurricane Katrina or Hurricane Rita.\n (3) The term ``parent'' has the meaning given to that term \n in section 9101 of the Elementary and Secondary Education Act \n of 1965 (20 U.S.C. 7801).\n (4) The term ``participating displaced student'' means a \n displaced student participating in the program under this \n section.\n (5) The term ``preschool program'' means a public or \n private program serving 4 or 5 year old children, including any \n such Head Start program, that is in compliance with applicable \n State health and safety requirements.\n (6) The term ``school'' means a public or private \n elementary school or secondary school (as those terms are \n defined in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801)), including a religious \n elementary school or secondary school, that was legally \n operating in the State involved before September 1, 2005.\n (7) The term ``Secretary'' means the Secretary of \n Education, in consultation with the Secretary of Health and \n Human Services.\n (m) Funding.--\n (1) In general.--Out of funds not otherwise appropriated, \n there is hereby appropriated to the Secretary of Education, to \n carry out this section, $2,500,000,000, to remain available \n through the period ending on July 31, 2006. Any such funds that \n are not obligated by the end of such period shall revert to the \n Treasury.\n (2) Contributions.--Under such terms and conditions as the \n Secretary may impose, the Secretary may, for the purpose of \n carrying out this section, accept and use such amounts as may \n be contributed by individuals, business concerns, or other \n entities for such purpose.","summary":"Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita. Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 2005\u00962006 school year. Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program.","title":"To direct the Secretary of Education to establish a Family Education Reimbursement Account Program to assist hurricane displaced students during the 2005-2006 school year, and for other purposes.","text_len":19035,"sum_len":511} {"bill_id":"113_s793","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Organization of American States \nRevitalization and Reform Act of 2013''.\nSEC. 2. FINDINGS.\n Congress makes the following findings:\n (1) The Charter of the Organization of American States \n recognizes that--\n (A) representative democracy is indispensable for the \n stability, peace, and development of the Western Hemisphere; \n and\n (B) a purpose of the Organization of American States is to \n promote and consolidate representative democracy, with due \n respect for the principle of nonintervention.\n (2) The United States supports the purposes and principles \n enshrined in--\n (A) the Charter of the Organization of American States;\n (B) the Inter-American Democratic Charter; and\n (C) the American Declaration on the Rights and Duties of \n Man.\n (3) The United States supports the Organization of American \n States in its efforts with all member states to meet our \n commitments under the instruments set forth in paragraph (2).\n (4) Congress supports the Organization of American States as it \n operates in a manner consistent with the Inter-American Democratic \n Charter.\nSEC. 3. STATEMENT OF POLICY.\n It is the policy of the United States--\n (1) to promote democracy and the rule of law throughout the \n Western Hemisphere;\n (2) to promote and protect human rights and fundamental \n freedoms in the Western Hemisphere; and\n (3) to support the practices, purposes, and principles \n expressed in the Charter of the Organization of American States, \n the American Declaration on the Rights and Duties of Man, the \n Inter-American Democratic Charter, and other fundamental \n instruments of democracy.\nSEC. 4. SENSE OF CONGRESS.\n It is the sense of Congress that--\n (1) the Organization of American States (OAS) should be the \n primary multi-lateral diplomatic entity for regional dispute \n resolution and promotion of democratic governance and institutions;\n (2) the OAS is a valuable platform from which to launch \n initiatives aimed to benefit the countries of the Western \n Hemisphere;\n (3) the Summit of the Americas institution and process embodies \n a valuable complement to regional dialogue and cooperation;\n (4) the Summit of the Americas process should be formally and \n more effectively integrated into the work of the OAS, the Inter-\n American Development Bank, and other Members of the Joint Summit \n Working Group, and the OAS should play a central role in overseeing \n and managing the Summit process;\n (5) the OAS General Assembly and the Summit of the Americas \n events should be combined geographically and chronologically in the \n years in which they coincide;\n (6) the OAS has historically accepted too many mandates from \n its member states, resulting in both lack of clarity on priorities \n and loss of institutional focus, which in turn has reduced the \n effectiveness of the organization;\n (7) to ensure an appropriate balance of priorities, the OAS \n should review its core functions no less than annually and seek \n opportunities to reduce the number of mandates not directly related \n to its core functions;\n (8) key OAS strengths lie in strengthening peace and security, \n promoting and consolidating representative democracy, regional \n dispute resolution, election assistance and monitoring, fostering \n economic growth and development cooperation, facilitating trade, \n combating illicit drug trafficking and transnational crime, and \n support for the Inter-American Human Rights System;\n (9) the core competencies referred to in paragraph (8) should \n remain central to the strategic planning process of the OAS and the \n consideration of future mandates;\n (10) any new OAS mandates should be accepted by the member \n states only after an analysis is conducted and formally presented \n consisting of a calculation of the financial costs associated with \n the mandate, an assessment of the comparative advantage of the OAS \n in the implementation of the mandate, and a description of the ways \n in which the mandate advances the organization's core mission;\n (11) any new mandates should include, in addition to the \n analysis described in paragraph (10), an identification of the \n source of funding to be used to implement the mandate;\n (12) the OAS would benefit from enhanced coordination between \n the OAS and the Inter-American Development Bank on issues that \n relate to economic development;\n (13) the OAS would benefit from standard reporting requirements \n for each project and grant agreement;\n (14) the OAS would benefit from effective implementation of--\n (A) transparent and merit-based human resource standards \n and processes; and\n (B) transparent hiring, firing, and promotion standards and \n processes, including with respect to factors such as gender and \n national origin; and\n (15) it is in the interest of the United States, OAS member \n states, and a modernized OAS to move toward an assessed fee \n structure that assures the financial sustainability of the \n organization and establishes, not later than five years after the \n date of the enactment of this Act, that no member state pays more \n than 50 percent of the organization's assessed fees.\nSEC. 5. ORGANIZATION OF AMERICAN STATES REVITALIZATION AND REFORM \nSTRATEGY.\n (a) Strategy.--\n (1) In general.--Not later than 180 days after the date of the \n enactment of this Act, the Secretary of State shall submit to the \n Committee on Foreign Relations of the Senate and the Committee on \n Foreign Affairs of the House of Representatives a multiyear \n strategy that--\n (A) identifies a path toward the adoption of necessary \n reforms that prioritize and reinforce the OAS's core \n competencies described in section 4(8);\n (B) outlines an approach to secure from the OAS effective \n adoption of--\n (i) a results-based budgeting process in order to \n strategically prioritize, and where appropriate, reduce \n current and future mandates; and\n (ii) transparent hiring, firing, and promotion \n practices;\n (C) reflects the inputs and coordination from other \n Executive Branch agencies, as appropriate; and\n (D) identifies a path toward the adoption of necessary \n reforms that would--\n (i) lead to an assessed fee structure in which no \n member state would pay more than 50 percent of the OAS's \n assessed yearly fees; and\n (ii) seek to minimize the negative financial impact on \n the OAS and its operations.\n (2) Policy priorities and coordination.--The Secretary of State \n shall--\n (A) carry out diplomatic engagement to build support for \n reforms and budgetary burden sharing among OAS member states \n and observers; and\n (B) promote donor coordination among OAS member states.\n (b) Briefings.--The Secretary of State shall offer to the \ncommittees referred to in subsection (a)(1) a quarterly briefing that--\n (1) reviews assessed and voluntary contributions;\n (2) analyzes the progress made by the OAS to adopt and \n effectively implement a results-based budgeting process in order to \n strategically prioritize, and where appropriate, reduce current and \n future mandates;\n (3) analyzes the progress made by the OAS to adopt and \n effectively implement transparent and merit-based human resource \n standards and practices and transparent hiring, firing, and \n promotion standards and processes, including with respect to \n factors such as gender and national origin;\n (4) analyzes the progress made by the OAS to adopt and \n effectively implement a practice of soliciting member quotas to be \n paid on a schedule that will improve the consistency of its \n operating budget; and\n (5) analyzes the progress made by the OAS to review, \n streamline, and prioritize mandates to focus on core missions and \n make efficient and effective use of available funding.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the House on September 17, 2013. Organization of American States Revitalization and Reform Act of 2013 - States that it is US policy to: (1) promote democracy, the rule of law, and human rights in the Western Hemisphere. And (2) support the practices and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy. Expresses the sense of Congress that: (1) the Organization of American States (OAS) should be the primary multi-lateral diplomatic entity for regional dispute resolution and promotion of democratic governance. (2) the Summit of the Americas process should be formally and more effectively integrated into the work of the OAS, the Inter-American Development Bank, and other Members of the Joint Summit Working Group. (3) the OAS has historically accepted too many member state mandates creating unclear priorities and loss of institutional focus. And (4) it is in the interest of the United States and the OAS and its member states to move toward an assessed fee structure that assures financial sustainability and establishes, within five years, that no member state pays more than 50 of the organization's assessed fees. Directs the Secretary of State to submit to Congress a multiyear strategy that: (1) leads to such assessed fee structure, (2) identifies a path toward the adoption of necessary reforms that prioritize the core competencies of the OAS, (3) outlines a results-based budgeting process to prioritize current and future mandates and transparent hiring and promotion practices, and (4) reflects the inputs and coordination from other executive branch agencies. Directs the Secretary to: (1) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers, and (2) promote donor coordination among OAS member states.","title":"Organization of American States Revitalization and Reform Act of 2013","text_len":8745,"sum_len":2028} {"bill_id":"112_hr6590","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair, Accurate, Secure, and Timely \nVoting Act of 2012'' or the ``FAST Voting Act of 2012''.\n\nSEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY \n THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND \n SIMPLIFY VOTER REGISTRATION.\n\n (a) Purposes.--The purposes of this section are to--\n (1) provide incentives for States to invest in practices \n and technology that are designed to expedite voting at the \n polls; and\n (2) provide incentives for States to simplify voter \n registration.\n (b) Reservation of Funds.--From the amount made available to carry \nout this section for a fiscal year, the Attorney General may reserve \nnot more than 10 percent of such amount to carry out activities related \nto--\n (1) technical assistance; and\n (2) outreach and dissemination.\n (c) Program Authorized.--\n (1) In general.--From the amounts made available under \n subsection (h) for a fiscal year and not reserved under \n subsection (b), the Attorney General shall award grants, on a \n competitive basis, to States in accordance with subsection \n (d)(2), to enable the States to carry out the purposes of this \n section.\n (2) Number of grants.--A State may not receive more than 1 \n grant under this section per grant period.\n (3) Duration of grants.--\n (A) In general.--A grant under this section shall \n be awarded for a period of not more than 4 years.\n (B) Continuation of grants.--A State that is \n awarded a grant under this section shall not receive \n grant funds under this section for the second or any \n subsequent year of the grant unless the State \n demonstrates to the Attorney General, at such time and \n in such manner as determined by the Attorney General, \n that the State is--\n (i) making progress in implementing the \n plan under subsection (d)(1)(C) at a rate that \n the Attorney General determines will result in \n the State fully implementing such plan during \n the remainder of the grant period; or\n (ii) making progress against the \n performance measures set forth in subsection \n (e) at a rate that the Attorney General \n determines will result in the State reaching \n its targets and achieving the objectives of the \n grant during the remainder of the grant period.\n (d) Applications.--\n (1) Applications.--Each State that desires to receive a \n grant under this section shall submit an application to the \n Attorney General at such time, in such manner, and containing \n such information as the Attorney General may reasonably \n require. At a minimum, each such application shall include--\n (A) documentation of the applicant's record, as \n applicable--\n (i) in providing various voter registration \n opportunities;\n (ii) in providing early voting;\n (iii) in providing absentee voting;\n (iv) in providing assistance to voters who \n do not speak English as a primary language;\n (v) in providing assistance to voters with \n disabilities;\n (vi) in providing effective access to \n voting for members of the armed services;\n (vii) in providing formal training of \n election officials;\n (viii) in auditing or otherwise documenting \n waiting times at polling stations;\n (ix) in allocating polling locations, \n equipment, and staff to match population \n distribution;\n (x) in responding to voting irregularities \n and concerns raised at polling stations;\n (xi) in creating and adhering to \n contingency voting plans in the event of a \n natural or other disaster; and\n (xii) with respect to any other performance \n measure described in subsection (e) that is not \n included in clauses (i) through (xi);\n (B) evidence of conditions of innovation and reform \n that the applicant has established and the applicant's \n proposed plan for implementing additional conditions \n for innovation and reform, including--\n (i) a description of how the applicant has \n identified and eliminated ineffective practices \n in the past and the applicant's plan for doing \n so in the future;\n (ii) a description of how the applicant has \n identified and promoted effective practices in \n the past and the applicant's plan for doing so \n in the future; and\n (iii) steps the applicant has taken and \n will take to eliminate statutory, regulatory, \n procedural, or other barriers and to facilitate \n the full implementation of the proposed plan \n under this subparagraph;\n (C) a comprehensive and coherent plan for using \n funds under this section, and other Federal, State, and \n local funds, to improve the applicant's performance on \n the measures described in subsection (e), consistent \n with criteria set forth by the Attorney General, \n including how the applicant will, if applicable--\n (i) provide flexible registration \n opportunities, including online and same-day \n registration and registration updating;\n (ii) provide early voting, at a minimum of \n 9 of the 10 calendar days preceding an \n election, at sufficient and flexible hours;\n (iii) provide absentee voting, including \n no-excuse absentee voting;\n (iv) provide assistance to voters who do \n not speak English as a primary language;\n (v) provide assistance to voters with \n disabilities, including visual impairment;\n (vi) provide effective access to voting for \n members of the armed services;\n (vii) provide formal training of election \n officials, including State and county \n administrators and volunteers;\n (viii) audit and reduce waiting times at \n polling stations;\n (ix) allocate polling locations, equipment, \n and staff to match population distribution;\n (x) respond to any reports of voting \n irregularities or concerns raised at the \n polling station;\n (xi) create contingency voting plans in the \n event of a natural or other disaster; and\n (xii) improve the wait times at the \n persistently poorest performing polling \n stations within the jurisdiction of the \n applicant;\n (D) evidence of collaboration between the State, \n local election officials, and other stakeholders, in \n developing the plan described in subparagraph (C), \n including evidence of the commitment and capacity to \n implement the plan;\n (E) the applicant's annual performance measures and \n targets, consistent with the requirements of subsection \n (e); and\n (F) a description of the applicant's plan to \n conduct a rigorous evaluation of the effectiveness of \n activities carried out with funds under this section.\n (2) Criteria for evaluating applications.--\n (A) Award basis.--The Attorney General shall award \n grants under this section on a competitive basis, based \n on the quality of the applications submitted under \n paragraph (1), including--\n (i) each applicant's record in the areas \n described in paragraph (1)(A);\n (ii) each applicant's record of, and \n commitment to, establishing conditions for \n innovation and reform, as described in \n paragraph (1)(B);\n (iii) the quality and likelihood of success \n of each applicant's plan described in paragraph \n (1)(C) in showing improvement in the areas \n described in paragraph (1)(A), including each \n applicant's capacity to implement the plan and \n evidence of collaboration as described in \n paragraph (1)(D); and\n (iv) each applicant's evaluation plan as \n described in paragraph (1)(F).\n (B) Explanation.--The Attorney General shall \n publish an explanation of how the application review \n process under this paragraph will ensure an equitable \n and objective evaluation based on the criteria \n described in subparagraph (A).\n (e) Performance Measures.--Each State receiving a grant under this \nsection shall establish performance measures and targets, approved by \nthe Attorney General, for the programs and activities carried out under \nthis section. These measures shall, at a minimum, track the State's \nprogress--\n (1) in implementing its plan described in subsection \n (d)(1)(C);\n (2) in expediting voting at the polls or simplifying voter \n registration, as applicable; and\n (3) on any other measures identified by the Attorney \n General.\n (f) Uses of Funds.--Each State that receives a grant under this \nsection shall use the grant funds for any purpose included in the \nState's plan under subsection (d)(1)(C).\n (g) Reporting.--A State that receives a grant under this section \nshall submit to the Attorney General, at such time and in such manner \nas the Attorney General may require, an annual report including--\n (1) data on the State's progress in achieving the targets \n for the performance measures established under subsection (e);\n (2) a description of the challenges the State has faced in \n implementing its program and how it has addressed or plans to \n address those challenges; and\n (3) findings from the evaluation plan as described in \n subsection (d)(1)(F).\n (h) State Defined.--In this section, the term ``State'' means each \nof the several States and the District of Columbia.\n (i) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.","summary":"Fair, Accurate, Secure, and Timely Voting Act of 2012 or FAST Voting Act of 2012 - Directs the Attorney General to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration. Requires the grant application to include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early voting, (3) assistance to non-English speaking voters, and (4) other related matters. Requires each grantee to establish performance measures and targets, approved by the Attorney General, that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable.","title":"To provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls and to simplify voter registration.","text_len":12232,"sum_len":835} {"bill_id":"104_hr3794","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Cattle Industry \nImprovement Act of 1996''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Expedited implementation of Fund for Rural America.\nSec. 3. Prohibition on noncompetitive practices.\nSec. 4. Domestic market reporting.\nSec. 5. Import and export reporting.\nSec. 6. Protection of livestock producers against retaliation by \n packers.\nSec. 7. Review of Federal agriculture credit policies.\nSec. 8. Streamlining and consolidating the United States food \n inspection system.\nSec. 9. Labeling system for meat and meat food products produced in the \n United States.\nSec. 10. Spot transactions involving bulk cheese.\n\nSEC. 2. EXPEDITED IMPLEMENTATION OF FUND FOR RURAL AMERICA.\n\n Section 793(b)(1) of the Federal Agriculture Improvement and Reform \nAct of 1996 (7 U.S.C. 2204f(b)(1)) is amended by striking ``January 1, \n1997,'' and all that follows through ``October 1, 1999,'' and inserting \n``November 10, 1996, October 1, 1997, and October 1, 1998,''.\n\nSEC. 3. PROHIBITION ON NONCOMPETITIVE PRACTICES.\n\n Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), \nis amended--\n (1) in subsection (g), by striking the period at the end \n and inserting ``; or''; and\n (2) by adding at the end the following:\n ``(h) Engage in any practice or device that the Secretary by \nregulation, after consultation with producers of cattle, lamb, and \nhogs, and other persons in the cattle, lamb, and hog industries, \ndetermines is a detrimental noncompetitive practice or device relating \nto the price or a term of sale for the procurement of livestock or the \nsale of meat or other byproduct of slaughter.''.\n\nSEC. 4. DOMESTIC MARKET REPORTING.\n\n (a) Persons in Slaughter Business.--Section 203(g) of the \nAgricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--\n (1) by inserting ``(1)'' before ``To collect''; and\n (2) by adding at the end the following:\n ``(2) Each person engaged in the business of slaughtering livestock \nwho carries out more than 5 percent of the national slaughter for a \ngiven species shall report to the Secretary in such manner as the \nSecretary shall require, as soon as practicable but not later than 24 \nhours after a transaction takes place, such information relating to \nprices and the terms of sale for the procurement of livestock and the \nsale of meat food products and livestock products as the Secretary \ndetermines is necessary to carry out this subsection.\n ``(3) Whoever knowingly fails or refuses to provide to the \nSecretary information required to be reported by paragraph (2) shall be \nfined under title 18, United States Code, or imprisoned for not more \nthan 5 years, or both.\n ``(4) The Secretary shall encourage voluntary reporting by any \nperson engaged in the business of slaughtering livestock who carries \nout 5 percent or less of the national slaughter for a given species.\n ``(5) The Secretary shall make information received under this \nsubsection available to the public only in the aggregate and shall \nensure the confidentiality of persons providing the information.''.\n (b) Elimination of Outmoded Reports.--The Secretary of Agriculture, \nafter consultation with producers and other affected parties, shall \nperiodically--\n (1) eliminate obsolete reports; and\n (2) streamline the collection and reporting of data related \n to livestock and meat and livestock products, using modern data \n communications technology, to provide information to the public \n on as close to a real-time basis as practicable.\n (c) Definition of ``Captive Supply''.--For the purpose of \nregulations issued by the Secretary of Agriculture relating to \nreporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 \net seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et \nseq.), the term ``captive supply'' means livestock obligated to a \npacker in any form of transaction in which more than 7 days elapses \nfrom the date of obligation to the date of delivery of the livestock.\n\nSEC. 5. IMPORT AND EXPORT REPORTING.\n\n (a) Exports.--Section 602(a)(1) of the Agricultural Trade Act of \n1978 (7 U.S.C. 5712(a)(1)) is amended by inserting after ``products \nthereof,'' the following: ``and meat food products and livestock \nproducts (as the terms are defined in section 2 of the Packers and \nStockyards Act, 1921 (7 U.S.C. 182)),''.\n (b) Imports.--\n (1) In general.--The Secretary of Agriculture and the \n Secretary of Commerce shall, using modern data communications \n technology to provide the information to the public on as close \n to a real-time basis as practicable, jointly make available to \n the public aggregate price and quantity information on imported \n meat food products, livestock products, and livestock (as the \n terms are defined in section 2 of the Packers and Stockyards \n Act, 1921 (7 U.S.C. 182)).\n (2) First report.--The Secretaries shall release to the \n public the first report under paragraph (1) not later than 60 \n days after the date of enactment of this Act.\n\nSEC. 6. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY \n PACKERS.\n\n (a) Retaliation Prohibited.--Section 202(b) of the Packers and \nStockyards Act, 1921 (7 U.S.C. 192(b)), is amended--\n (1) by striking ``or subject'' and inserting ``subject''; \n and\n (2) by inserting before the semicolon at the end the \n following: ``, or retaliate against any livestock producer on \n account of any statement made by the producer (whether made to \n the Secretary or a law enforcement agency or in a public forum) \n regarding an action of any packer''.\n (b) Special Requirements Regarding Allegations of Retaliation.--\nSection 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is \namended by adding at the end the following:\n ``(e) Special Procedures Regarding Allegations of Retaliation.--\n ``(1) Consideration by special panel.--The President shall \n appoint a special panel consisting of 3 members to receive and \n initially consider a complaint submitted by any person that \n alleges prohibited packer retaliation under section 202(b) \n directed against a livestock producer.\n ``(2) Complaint; hearing.--If the panel has reason to \n believe from the complaint or resulting investigation that a \n packer has violated or is violating the retaliation prohibition \n under section 202(b), the panel shall notify the Secretary who \n shall cause a complaint to be issued against the packer, and a \n hearing conducted, under subsection (a).\n ``(3) Evidentiary standard.--In the case of a complaint \n regarding retaliation prohibited under section 202(b), the \n Secretary shall find that the packer involved has violated or \n is violating section 202(b) if the finding is supported by a \n preponderance of the evidence.''.\n (c) Damages for Producers Suffering Retaliation.--Section 203 of \nthe Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by \nsubsection (b)), is amended by adding at the end the following:\n ``(f) Damages for Producers Suffering Retaliation.--\n ``(1) In general.--If a packer violates the retaliation \n prohibition under section 202(b), the packer shall be liable to \n the livestock producer injured by the retaliation for not more \n than 3 times the amount of damages sustained as a result of the \n violation.\n ``(2) Enforcement.--The liability may be enforced either by \n complaint to the Secretary, as provided in subsection (e), or \n by suit in any court of competent jurisdiction.\n ``(3) Other remedies.--This subsection shall not abridge or \n alter a remedy existing at common law or by statute. The remedy \n provided by this subsection shall be in addition to any other \n remedy.''.\n\nSEC. 7. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES.\n\n The Secretary of Agriculture, in consultation with the Secretary of \nthe Treasury, the Chairman of the Board of Governors of the Federal \nReserve System, and the Chairman of the Board of the Farm Credit \nAdministration, shall establish an interagency working group to study--\n (1) the extent to which Federal lending practices and \n policies have contributed, or are contributing, to market \n concentration in the livestock and dairy sectors of the \n national economy; and\n (2) whether Federal policies regarding the financial system \n of the United States adequately take account of the weather and \n price volatility risks inherent in livestock and dairy \n enterprises.\n\nSEC. 8. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD \n INSPECTION SYSTEM.\n\n (a) Preparation.--In consultation with the Secretary of \nAgriculture, the Secretary of Health and Human Services, and all other \ninterested parties, the President shall prepare a plan to consolidate \nthe United States food inspection system that ensures the best use of \navailable resources to improve the consistency, coordination, and \neffectiveness of the United States food inspection system, taking into \naccount food safety risks.\n (b) Submission.--Not later than 1 year after the date of enactment \nof this Act, the President shall submit to Congress the plan prepared \nunder subsection (a).\n\nSEC. 9. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN THE \n UNITED STATES.\n\n (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21 \nU.S.C. 607) is amended by adding at the end the following:\n ``(g) Labeling of Meat of United States Origin.--\n ``(1) In general.--The Secretary shall develop a system for \n the labeling of carcasses, parts of carcasses, and meat \n produced in the United States from livestock raised in the \n United States, and meat food products produced in the United \n States from the carcasses, parts of carcasses, and meat, to \n indicate the United States origin of the carcasses, parts of \n carcasses, meat, and meat food products.\n ``(2) Assistance.--The Secretary shall provide technical \n and financial assistance to establishments subject to \n inspection under this title to implement the labeling system.\n ``(3) Authorization of appropriations.--There are \n authorized to be appropriated such sums as are necessary to \n carry out this subsection.''.\n\nSEC. 10. SPOT TRANSACTIONS INVOLVING BULK CHEESE.\n\n (a) In General.--The Secretary of Agriculture shall collect and \npublicize, on a weekly basis, statistically reliable information, \nobtained from all cheese manufacturing areas in the United States, on \nprices and terms of trade for spot transactions involving bulk cheese, \nincluding information on the national average price, and regional \naverage prices, for bulk cheese sold through spot transactions.\n (b) Confidentiality.--All information provided to, or acquired by, \nthe Secretary under this section shall be kept confidential by each \nofficer and employee of the Department of Agriculture, except that \ngeneral weekly statements may be issued that are based on the reports \nof a number of spot transactions and that do not identify the \ninformation provided by any person.\n (c) Funding.--The Secretary may use funds that are available for \ndairy market data collection to carry out this section.","summary":"Cattle Industry Improvement Act of 1996 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to advance the Fund for Rural America's initial funding date. Amends the Packers and Stockyards Act, 1921 to prohibit noncompetitive practices relating to the price or terms of sale of livestock or meat and meat by-products. Amends the Agricultural Marketing Act of 1946 to set forth domestic market reporting requirements for certain persons in the slaughter business. Defines captive supply. Amends the Agricultural Trade Act of 1978 with regard to livestock and meat food products reporting requirements. Amends the Packers and Stockyards Act, 1921 to prohibit retaliation by packers against livestock producers. Provides damages for producers suffering such retaliation. Directs the Secretary of Agriculture to establish an interagency working group to review whether Federal lending practices are contributing to market concentration in the livestock and dairy sectors. Directs the President to prepare a consolidation plan for the US food inspection system. Amends the Federal Meat Inspection Act to require a labeling system for US-produced meat and meat food products. Authorizes appropriations. Directs the Secretary to collect and publicize information on bulk cheese spot transactions.","title":"Cattle Industry Improvement Act of 1996","text_len":11940,"sum_len":1304} {"bill_id":"112_hr6591","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Streamlined and Improved Methods at \nPolling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''.\n\nSEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING \n TIMES FOR VOTERS IN FEDERAL ELECTIONS.\n\n (a) Requirements for States.--Subtitle A of title III of the Help \nAmerica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--\n (1) by redesignating sections 304 and 305 as sections 306 \n and 307; and\n (2) by inserting after section 303 the following new \n sections:\n\n``SEC. 304. EARLY VOTING.\n\n ``(a) In General.--Each State shall allow individuals to vote in an \nelection for Federal office on each day occurring during the 15-day \nperiod which ends 2 days before the date of the election, in the same \nmanner as voting is allowed on such day.\n ``(b) Minimum Early Voting Requirements.--Each polling place which \nallows voting prior to the date of a Federal election pursuant to \nsubsection (a) shall--\n ``(1) allow such voting for not less than 10 hours on each \n day; and\n ``(2) have uniform hours each day for which such voting \n occurs.\n ``(c) Location of Polling Places Near Public Transportation.--To \nthe greatest extent practicable, a State shall ensure that each polling \nplace which allows voting prior to the date of a Federal election \npursuant to subsection (a) is located within reasonable walking \ndistance of a stop on a public transportation route.\n ``(d) Standards.--\n ``(1) In general.--The Commission shall issue standards for \n the administration of voting prior to the date scheduled for a \n Federal election. Such standards shall include the \n nondiscriminatory geographic placement of polling places at \n which such voting occurs.\n ``(2) Deviation.--The standards described in paragraph (1) \n shall permit States, upon providing adequate public notice, to \n deviate from any requirement in the case of unforeseen \n circumstances such as a natural disaster, terrorist attack, or \n a change in voter turnout.\n ``(e) Effective Date.--This section shall apply with respect to \nelections held on or after January 1, 2014.\n\n``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.\n\n ``(a) Preventing Unreasonable Waiting Times.--\n ``(1) In general.--Each State shall provide a sufficient \n number of voting systems, poll workers, and other election \n resources (including physical resources) at a polling place \n used in any election for Federal office, including a polling \n place at which individuals may cast ballots prior to the date \n of the election, to ensure--\n ``(A) a fair and equitable waiting time for all \n voters in the State; and\n ``(B) that no individual will be required to wait \n longer than one hour to cast a ballot at the polling \n place.\n ``(2) Criteria.--In determining the number of voting \n systems, poll workers, and other election resources provided at \n a polling place for purposes of paragraph (1), the State shall \n take into account the following factors:\n ``(A) The voting age population.\n ``(B) Voter turnout in past elections.\n ``(C) The number of voters registered.\n ``(D) The number of voters who have registered \n since the most recent Federal election.\n ``(E) Census data for the population served by such \n voting site, such as the proportion of the voting-age \n population who are under 25 years of age or who are \n naturalized citizens.\n ``(F) The educational levels and socio-economic \n factors of the population served by such voting site.\n ``(G) The needs and numbers of voters with \n disabilities and voters with limited English \n proficiency.\n ``(H) The type of voting systems used.\n ``(I) The length and complexity of initiatives, \n referenda, and other questions on the ballot.\n ``(J) Such other factors as the State considers \n appropriate.\n ``(3) Guidelines.--Not later than 180 days after the date \n of the enactment of this section, the Commission shall \n establish and publish guidelines to assist States in meeting \n the requirements of this subsection.\n ``(4) Rule of construction.--Nothing in this subsection may \n be construed to authorize a State to meet the requirements of \n this subsection by closing any polling place, prohibiting an \n individual from entering a line at a polling place, or refusing \n to permit an individual who has arrived at a polling place \n prior to closing time from voting at the polling place.\n ``(b) Development and Implementation of Contingency Plans.--\n ``(1) In general.--Each State shall develop, and implement \n to the greatest extent practicable, a contingency plan under \n which the State shall provide additional poll workers, \n machines, ballots, and other equipment and supplies (as the \n case may be) on the date of the election to any polling place \n used in an election for Federal office, including a polling \n place at which individuals may cast ballots prior to the date \n of the election, at which waiting times exceed one hour.\n ``(2) Approval of plan by commission.--The State shall \n ensure that the contingency plan developed under paragraph (1) \n is approved by the Commission prior to the date of the election \n involved, in accordance with such procedures as the Commission \n may establish.\n ``(c) Effective Date.--This section shall apply with respect to \nelections held on or after January 1, 2014.''.\n (b) Conforming Amendment Relating to Enforcement.--Section 401 of \nsuch Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, \nand 303'' and inserting ``subtitle A of title III''.\n (c) Clerical Amendment.--The table of contents of such Act is \namended--\n (1) by redesignating the items relating to sections 304 and \n 305 as relating to sections 306 and 307; and\n (2) by inserting after the item relating to section 303 the \n following new items:\n\n``Sec. 304. Early voting.\n``Sec. 305. Preventing unreasonable waiting times for voters.''.\n\nSEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS \n OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING \n PLACES.\n\n Nothing in this Act or in any amendment made by this Act may be \nconstrued to prohibit a State, with respect to any election for Federal \noffice--\n (1) from providing (in an equitable and nondiscriminatory \n manner) a longer period for early voting than the minimum \n period required under section 304 of the Help America Vote Act \n of 2002 (as added by section 2(a)); or\n (2) from providing (in an equitable and nondiscriminatory \n manner) a greater number of systems, poll workers, and other \n election resources at any polling place than the minimum number \n required under section 305 of such Act (as added by section \n 2(a)).","summary":"Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.","title":"To amend the Help America Vote Act of 2002 to require States to establish a minimum period of 15 days for early voting prior to the date of an election for Federal office and to ensure that no individual will be required to wait for longer than one hour to cast a ballot at a polling place in an election for Federal office.","text_len":7648,"sum_len":1392} {"bill_id":"109_hr4358","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Influenza Vaccine Emergency Act''.\n\nSEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 319K the following \nsection:\n\n``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA \n VACCINE.\n\n ``(a) Contingency Clauses in Sales Contracts.--In entering into a \ncontract for the sale of influenza vaccine in interstate commerce, a \nmanufacturer or distributor of such vaccine shall include in the \ncontract a provision in writing expressing the policy that the sale to \nthe purchaser under the contract is subject to the following \nconditions:\n ``(1) If the Secretary publishes in the Federal Register a \n declaration that there is a public health emergency by reason \n of a shortage of influenza vaccine, the Secretary has the \n authority, in lieu of such purchaser, to take title to such \n quantities of the vaccine as the Secretary determines to be \n necessary for purposes of the public health, subject to \n subsection (c)(2).\n ``(2) If by reason of the Secretary using the authority \n under paragraph (1) the purchaser does not receive, or loses \n possession of, a quantity of influenza vaccine for which the \n purchaser has made payment, the manufacturer or distributor (as \n the case may be) will provide to the purchaser a refund for \n such quantity.\n ``(b) Compensation.--In the case of a contract for the sale of \ninfluenza vaccine with respect to which the Secretary uses the \nauthority referred to in subsection (a)(1), the Secretary shall pay to \nthe manufacturer or distributor involved the same amount as, under the \ncontract, the manufacturer or distributor received or would have \nreceived for the quantity of vaccine involved.\n ``(c) Agency Procedures.--With respect to the influenza season \ninvolved:\n ``(1) If the Secretary makes an emergency declaration under \n subsection (a)(1), the Secretary shall determine the extent of \n compliance with guidelines for the distribution of influenza \n vaccine that have been established by the Secretary.\n ``(2) The Secretary may not use the authority referred to \n in subsection (a)(1) with respect to any contract unless the \n Secretary has published in the Federal Register, not earlier \n than 30 days after making the emergency declaration under such \n subsection, a determination that the extent of compliance with \n such guidelines has not been sufficient to constitute an \n adequate response to the emergency.\n ``(d) Distribution of Vaccine.--If the Secretary meets the \ncondition described in subsection (c)(2) for the use of the authority \nreferred to in subsection (a)(1):\n ``(1) The Secretary may, in lieu of such authority, order \n any manufacturer or distributor of influenza vaccine to honor \n its contracts with States or political subdivisions of States \n for the sale of such vaccine, in any case in which the \n manufacturer or distributor has conflicting obligations under \n its contracts for sale of the vaccine.\n ``(2) Any influenza vaccine to which the Secretary takes \n title under subsection (a)(1) shall be provided--\n ``(A) to States and political subdivisions of \n States in accordance with the immunization program \n under section 317(j); and\n ``(B) to such other public or private entities as \n the Secretary determines to be appropriate as a \n response to the emergency involved.\n ``(e) Rules of Construction.--\n ``(1) Emergency declaration.--The Secretary shall be \n considered to have made an emergency declaration under \n subsection (a)(1) if the Secretary publishes in the Federal \n Register a declaration described in such subsection.\n ``(2) Emergency shortage.--\n ``(A) Overall quantity vs. delivery waiting time.--\n Without regard to whether the Secretary considers as \n adequate the total quantity of influenza vaccine that \n has been or is being manufactured for the influenza \n season involved, the Secretary may make an emergency \n declaration under subsection (a)(1) if the Secretary \n determines that the delivery waiting time for States or \n political subdivisions of States to receive the vaccine \n for the season is a period whose duration constitutes a \n significant threat to children, adolescents, or adults \n who are served by the immunization program under \n section 317(j).\n ``(B) Delivery waiting time.--A delivery waiting \n time under subparagraph (A) for a State or political \n subdivision of a State to receive influenza vaccine is \n the time elapsing between the date on which the State \n or subdivision enters into a contract to purchase such \n vaccine and the date on which the State or subdivision \n (or other entity designated under the contract) takes \n custody of the vaccine, less any period in which \n payment is due under the contract and the State or \n subdivision has not made payment, or in which the State \n or subdivision otherwise is in significant violation of \n the contract.\n ``(f) Definitions.--For purposes of this subsection, the terms \n`influenza season' and `influenza vaccine' have the meanings given such \nterms by the Secretary.''.","summary":"Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken. Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults.","title":"To amend the Public Health Service Act to provide for emergency distributions of influenza vaccine.","text_len":5944,"sum_len":1478} {"bill_id":"104_hr3585","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Caregiver Support and \nProtection Act of 1996''.\n\nSEC. 2. COVERAGE OF RESPITE CARE SERVICES UNDER MEDICARE.\n\n (a) In General.--Section 1861(s)(2) of the Social Security Act (42 \nU.S.C. 1395x(s)(2)) is amended--\n (1) by striking ``and'' at the end of subparagraph (N);\n (2) by striking ``and'' at the end of subparagraph (O); and\n (3) by inserting after subparagraph (O) the following new \n subparagraph:\n ``(P) respite care services (as defined in subsection \n (oo)); and''.\n (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) \nis amended by adding at the end the following new subsection:\n\n ``Respite Care Services\n\n ``(oo)(1)(A) Subject to subparagraph (C), the term `respite care \nservices' means any of the services described in subparagraph (B) which \nare furnished to an eligible individual (as described in paragraph (2)) \nfor the support of a caregiver described in paragraph (2) at the \nindividual's home or in the community on a short-term, intermittent, or \nemergency basis by an individual or entity who meets such standards as \nthe Secretary may establish.\n ``(B) The services described in this subparagraph are as follows:\n ``(i) Companion services.\n ``(ii) Homemaker services.\n ``(iii) Personal assistance.\n ``(iv) Community day services.\n ``(v) Temporary care in an accredited or licensed \n residential facility.\n ``(C) In establishing standards pursuant to subparagraph (A) for \nindividuals and entities providing respite care services, the Secretary \nshall consult with organizations representing providers of the services \ndescribed in such paragraph and organizations representing individuals \nwho typically receive such services.\n ``(D) The term `respite care services' does not include any \nservices furnished to an individual during a 12-month period after the \nindividual has been furnished 120 hours of such services during such \nperiod.\n ``(2) An `eligible individual' described in this paragraph is an \nindividual with functional limitations (as described in paragraph (3)) \nwho is dependent on a daily basis on a caregiver who--\n ``(A) has primary responsibility for providing care to the \n individual;\n ``(B) does not receive financial remuneration for providing \n such care; and\n ``(C) has provided such care for a period of not less than \n 3 consecutive months.\n ``(3)(A) In paragraph (2), an `individual with functional \nlimitations' is an individual who is certified (in accordance with such \ncriteria as the Secretary may establish consistent with subparagraph \n(C)) as--\n ``(i) being unable to perform without substantial \n assistance from another individual (including assistance \n involving verbal reminding or physical cueing) at least 2 of \n the activities of daily living described in subparagraph (B) \n for a period of at least 90 days due to a loss of functional \n capacity or to cognitive or other mental impairment;\n ``(ii) requiring substantial supervision to protect the \n individual from threats to the individual's health or safety \n due to substantial cognitive or other mental impairment; or\n ``(iii) having a level of disability similar (as determined \n by the Secretary) to the level of disability described in \n clause (i) or (ii).\n ``(B) The activities of daily living described in this subparagraph \nare as follows:\n ``(i) Eating.\n ``(ii) Toileting.\n ``(iii) Transferring.\n ``(iv) Bathing.\n ``(v) Dressing.\n ``(vi) Continence.\n ``(C) In establishing criteria pursuant to subparagraph (A) for the \ncertification of individuals with functional limitations, the Secretary \nmay not require that such certification be performed only by a \nphysician.''.\n (c) Payment on Hourly Basis.--Section 1833 of such Act (42 U.S.C. \n1395l) is amended by inserting after subsection (o) the following new \nsubsection:\n ``(p) Payment for respite care services shall be paid on the basis \nof an hour of such services provided.''.\n (d) Conforming Amendment.--Section 1862(a) of such Act (42 U.S.C. \n1395y(a)) is amended--\n (1) by striking ``or'' at the end of paragraph (14);\n (2) by striking the period at the end of paragraph (15) and \n inserting ``; or''; and\n (3) by inserting after paragraph (15) the following new \n paragraph:\n ``(16) in the case of respite care services, which are \n furnished to an individual during a 12-month period after the \n individual has been furnished 120 hours of such services during \n such period.''.\n (e) Effective Date.--The amendments made by this section shall \napply to services furnished on or after January 1, 1997.\n\nSEC. 3. TREATMENT OF LONG-TERM CARE SERVICES AS MEDICAL CARE.\n\n (a) General Rule.--Paragraph (1) of section 213(d) (defining \nmedical care) is amended by striking ``or'' at the end of subparagraph \n(B), by striking the period at the end of subparagraph (C) and \ninserting ``, or'', and by adding at the end the following new \nsubparagraph:\n ``(D) for qualified long-term care services (as \n defined in subsection (f)).''\n (b) Definition of Qualified Long-Term Care Services.--Section 213 \nof such Code is amended by adding at the end the following new \nsubsection:\n ``(f) Qualified Long-Term Care Services.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified long-term care \n services' means necessary diagnostic, preventive, therapeutic, \n curing, treating, mitigating, and rehabilitative services, and \n maintenance or personal care services, which--\n ``(A) are required by a chronically ill individual, \n and\n ``(B) are provided pursuant to a plan of care \n prescribed by a licensed health care practitioner.\n ``(2) Chronically ill individual.--\n ``(A) In general.--The term `chronically ill \n individual' means any individual who has been certified \n by a licensed health care practitioner as--\n ``(i) being unable to perform (without \n substantial assistance from another individual) \n at least 2 activities of daily living for a \n period of at least 90 days due to a loss of \n functional capacity or to cognitive impairment,\n ``(ii) requiring substantial supervision to \n protect such individual from threats to health \n or safety due to substantial cognitive \n impairment, or\n ``(iii) having a level of disability \n similar (as determined by the Secretary in \n consultation with the Secretary of Health and \n Human Services) to the level of disability \n described in clause (i) or (ii).\n Such term shall not include any individual otherwise \n meeting the requirements of the preceding sentence \n unless within the preceding 12-month period a licensed \n health care practitioner has certified that such \n individual meets such requirements.\n ``(B) Activities of daily living.--For purposes of \n subparagraph (A), each of the following is an activity \n of daily living:\n ``(i) Eating.\n ``(ii) Toileting.\n ``(iii) Transferring.\n ``(iv) Bathing.\n ``(v) Dressing.\n ``(vi) Continence.\n ``(C) Substantial assistance.--For purposes of \n subparagraph (A)(i), the term `substantial assistance' \n includes verbal reminding or physical cuing.\n ``(3) Maintenance or personal care services.--The term \n `maintenance or personal care services' means any care the \n primary purpose of which is the provision of needed assistance \n with any of the disabilities as a result of which the \n individual is a chronically ill individual (including the \n protection from threats to health and safety due to severe \n cognitive impairment).\n ``(4) Licensed health care practitioner.--The term \n `licensed health care practitioner' means any physician (as \n defined in section 1861(r)(1) of the Social Security Act) and \n any registered professional nurse, licensed social worker, or \n other individual who meets such requirements as may be \n prescribed by the Secretary.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.","summary":"Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of respite care services, paid for on an hourly basis, under Medicare part B . Amends the Internal Revenue Code to treat qualified long-term care services as deductible medical care expenses.","title":"Family Caregiver Support and Protection Act of 1996","text_len":9328,"sum_len":326} {"bill_id":"111_s4051","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``The Espionage Statutes Modernization \nAct of 2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) As of 2010, the statutory framework with respect to the \n espionage statutes is a compilation of statutes that began with \n Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known \n as the ``Espionage Act of 1917''), which targeted classic \n espionage cases involving persons working on behalf of foreign \n nations.\n (2) The statutory framework was formed at a time when \n intelligence and national security information existed \n primarily in a tangible form, such as blueprints, photographs, \n maps, and other documents.\n (3) Since 1917, the United States has witnessed dramatic \n changes in intelligence and national security information, \n including technological advances that have revolutionized \n information gathering abilities as well as the mediums used to \n communicate such information.\n (4) Some of the terms used in the espionage statutes are \n obsolete and the statutes do not fully take into account the \n classification levels that apply to national security \n information in the 21st century.\n (5) In addition, the statutory framework was originally \n designed to address classic espionage cases involving persons \n working on behalf of foreign nations. However, the national \n security of the United States could be harmed, and lives may be \n put at risk, when a Government officer, employee, contractor, \n or consultant with access to classified information makes an \n unauthorized disclosure of the classified information, \n irrespective of whether the Government officer, employee, \n contractor, or consultant intended to aid a foreign nation or \n harm the United States.\n (6) Federal whistleblower protection statutes and \n regulations that enable Government officers, employees, \n contractors, and consultants to report unlawful and improper \n conduct are appropriate mechanisms for reporting such conduct.\n (7) Congress can deter unauthorized disclosures of \n classified information and thereby protect the national \n security by--\n (A) enacting laws that improve, modernize, and \n clarify the espionage statutes and make the espionage \n statutes more relevant and effective in the 21st \n century in the prosecution of persons working on behalf \n of foreign powers;\n (B) promoting Federal whistleblower protection \n statutes and regulations to enable Government officers, \n employees, contractors, or consultants to report \n unlawful and improper conduct; and\n (C) enacting laws that separately punish the \n unauthorized disclosure of classified information by \n Government officers, employees, contractors, or \n consultants who knowingly and intentionally violate a \n classified information nondisclosure agreement, \n irrespective of whether the officers, employees, \n contractors, or consultants intend to aid a foreign \n power or harm the United States.\n\nSEC. 3. CRIMES.\n\n (a) In General.--Chapter 37 of title 18, United States Code, is \namended--\n (1) in section 793--\n (A) in the section heading, by striking ``or losing \n defense information'' and inserting ``or, losing \n national security information'';\n (B) by striking ``the national defense'' each place \n it appears and inserting ``national security'';\n (C) by striking ``foreign nation'' each place it \n appears and inserting ``foreign power'';\n (D) in subsection (b), by inserting ``classified \n information, or other'' before ``sketch'';\n (E) in subsection (c), by inserting ``classified \n information, or other'' before ``document'';\n (F) in subsection (d), by inserting ``classified \n information, or other'' before ``document'';\n (G) in subsection (e), by inserting ``classified \n information, or other'' before ``document'';\n (H) in subsection (f), by inserting ``classified \n information,'' before ``document''; and\n (I) in subsection (h)(1), by striking ``foreign \n government'' and inserting ``foreign power'';\n (2) in section 794--\n (A) in the section heading, by striking \n ``Gathering'' and all that follows and inserting \n ``Gathering or delivering national security information \n to aid foreign powers''; and\n (B) in subsection (a)--\n (i) by striking ``foreign nation'' and \n inserting ``foreign power'';\n (ii) by striking ``foreign government'' and \n inserting ``foreign power'';\n (iii) by inserting ``classified \n information,'' before ``document'';\n (iv) by striking ``the national defense'' \n and inserting ``national security''; and\n (v) by striking ``(as defined in section \n 101(a) of the Foreign Intelligence Surveillance \n Act of 1978)'';\n (3) in section 795(a), by striking ``national defense'' and \n inserting ``national security'';\n (4) in section 798--\n (A) in subsection (a), by striking ``foreign \n government'' each place it appears and inserting \n ``foreign power''; and\n (B) in subsection (b)--\n (i) by striking the first undesignated \n paragraph (relating to the term ``classified \n information''); and\n (ii) by striking the third undesignated \n paragraph (relating to the term ``foreign \n government''); and\n (5) by adding at the end the following:\n``Sec. 800. Definitions\n ``In this chapter--\n ``(1) the term `classified information' has the meaning \n given the term in section 1 of the Classified Information \n Procedures Act (18 U.S.C. App.);\n ``(2) the term `foreign power' has the meaning given the \n term in section 101 of the Foreign Intelligence Surveillance \n Act of 1978 (50 U.S.C. 1801); and\n ``(3) the term `national security' has the meaning given \n the term in section 1 of the Classified Information Procedures \n Act (18 U.S.C. App.).''.\n (b) Technical and Conforming Amendment.--The table of section for \nchapter 37 of title 18, United States Code, is amended--\n (1) by striking the item relating to section 793 and \n inserting the following:\n\n``793. Gathering, transmitting, or losing national security \n information.'';\n (2) by striking the item relating to section 794 and \n inserting the following:\n\n``794. Gathering or delivering national security information to aid \n foreign powers.'';\n and\n (3) by adding at the end the following:\n\n``800. Definitions.''.\n\nSEC. 4. VIOLATION OF CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT.\n\n (a) In General.--Chapter 93 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1925. Violation of classified information nondisclosure \n agreement\n ``(a) Definitions.--In this section--\n ``(1) the term `classified information' has the meaning \n given the term in section 1 of the Classified Information \n Procedures Act (18 U.S.C. App.); and\n ``(2) the term `covered individual' means an officer, \n employee, contractor, or consultant of an agency of the Federal \n Government who, by virtue of the office, employment, position, \n or contract held by the individual, knowingly and intentionally \n agrees to be legally bound by the terms of a classified \n information nondisclosure agreement.\n ``(b) Offense.--\n ``(1) In general.--Except as otherwise provided in this \n section, it shall be unlawful for a covered individual to \n intentionally disclose, deliver, communicate, or transmit \n classified information, without the authorization of the head \n of the Federal agency, or an authorized designee, knowing or \n having reason to know that the disclosure, delivery, \n communication, or transmission of the classified information is \n a violation of the terms of the classified information \n nondisclosure agreement entered by the covered individual.\n ``(2) Penalty.--A covered individual who violates paragraph \n (1) shall be fined under this title, imprisoned for not more \n than 5 years, or both.\n ``(c) Whistleblower Protection.--The disclosure, delivery, \ncommunication, or transmission of classified information by a covered \nindividual in accordance with a Federal whistleblower protection \nstatute or regulation applicable to the Federal agency of which the \ncovered individual is an officer, employee, contractor, or consultant \nshall not be a violation of subsection (b)(1).\n ``(d) Rebuttable Presumption.--For purposes of this section, there \nshall be a rebuttable presumption that information has been properly \nclassified if the information has been marked as classified information \nin accordance with Executive Order 12958 (60 Fed. Reg. 19825) or a \nsuccessor or predecessor to the order.\n ``(e) Defense of Improper Classification.--The disclosure, \ndelivery, communication, or transmission of classified information by a \ncovered individual shall not violate subsection (b)(1) if the covered \nindividual proves by clear and convincing evidence that at the time the \ninformation was originally classified, no reasonable person with \noriginal classification authority under Executive Order 13292 (68 Fed. \nReg. 15315), or any successor order, could have identified or described \nany damage to national security that reasonably could be expected to be \ncaused by the unauthorized disclosure of the information.\n ``(f) Extraterritorial Jurisdiction.--There is jurisdiction over an \noffense under this section if--\n ``(1) the offense occurs in whole or in part within the \n United States;\n ``(2) regardless of where the offense is committed, the \n alleged offender is--\n ``(A) a national of the United States (as defined \n in section 101(a) of the Immigration and Nationality \n Act (8 U.S.C. 1101(a)));\n ``(B) an alien lawfully admitted for permanent \n residence in the United States (as defined in section \n 101(a) of the Immigration and Nationality Act (8 U.S.C. \n 1101(a))); or\n ``(C) a stateless person whose habitual residence \n is in the United States;\n ``(3) after the offense occurs, the offender is brought \n into or found in the United States, even if the conduct \n required for the offense occurs outside the United States; or\n ``(4) an offender aids or abets or conspires with any \n person over whom jurisdiction exists under this paragraph in \n committing an offense under subsection (b)(1).''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 93 of title 18, United States Code, is amended by adding at the \nend the following:\n\n``1925. Violation of classified information nondisclosure agreement.''.\n\nSEC. 5. DIRECTIVE TO SENTENCING COMMISSION.\n\n (a) In General.--Pursuant to its authority under section 994 of \ntitle 28, United States Code, and in accordance with this section, the \nUnited States Sentencing Commission, shall review and, if appropriate, \namend the Federal Sentencing Guidelines and policy statements \napplicable to a person convicted of an offense under section 1925 of \ntitle 18, United States Code, as added by this Act.\n (b) Considerations.--In carrying out this section, the Sentencing \nCommission shall ensure that the sentencing guidelines account for all \nrelevant conduct, including--\n (1) multiple instances of unauthorized disclosure, \n delivery, communication, or transmission of the classified \n information;\n (2) the volume of the classified information that was \n disclosed, delivered, communicated, or transmitted;\n (3) the classification level of the classified information;\n (4) the harm to the national security of the United States \n that reasonably could be expected to be caused by the \n disclosure, delivery, communication, or transmission of the \n classified information; and\n (5) the nature and manner in which the classified \n information was disclosed, delivered, communicated, or \n transmitted.","summary":"Espionage Statutes Modernization Act of 2010 - Amends the federal criminal code to impose a fine andor prison term of up to five years on a covered individual who intentionally discloses, delivers, communicates, or transmits classified information, without authorization, knowing or having reason to know that such action is a violation of the terms of the classified information nondisclosure agreement entered into by such individual. Defines covered individual as an officer, employee, contractor, or consultant of a federal agency who agrees to be legally bound by the terms of a classified information nondisclosure agreement. Exempts from such prohibition disclosures made in accordance with a federal whistleblower protection statute or regulation. Directs the United States Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements applicable to a person convicted of an offense under this Act.","title":"A bill to improve, modernize, and clarify the espionage statutes contained in chapter 37 of title 18, United States Code, to promote Federal whistleblower protection statutes and regulations, to deter unauthorized disclosures of classified information, and for other purposes.","text_len":13724,"sum_len":955} {"bill_id":"115_hr3961","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kissimmee River Wild and Scenic \nRiver Study Act of 2018''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Kissimmee River has undergone, over the course of \n two decades, the largest river restoration effort in the world.\n (2) Extending approximately 105 miles from Orlando to Lake \n Okeechobee, the Kissimmee River forms the headwaters of Lake \n Okeechobee and the Everglades and serves as a vital component \n of ecosystem restoration in South Florida as a whole.\n (3) The Kissimmee River Restoration Project has \n significantly improved approximately 63,000 acres of wetlands \n within the Kissimmee River watershed and reestablished an \n environment suitable for fish, wildlife, and the wetland plants \n that existed prior to the Kissimmee River's channelization in \n the 1960s.\n (4) The Kissimmee River Restoration Project is expected to \n be completed in 2020, at which point it is expected to \n reestablish historic hydrologic conditions, recreate historic \n river and floodplain connectivity, recreate the historic mosaic \n of wetland plant communities, and restore historic biological \n diversity and functionality.\n (5) After decades of restoration efforts and the \n expenditure of nearly a billion dollars, upon completion of the \n Kissimmee River Restoration Project, a study should be \n conducted to determine the eligibility of including the fully \n restored Kissimmee River into the National Wild and Scenic \n River program to preserve the fully restored free-flowing \n condition and immediate environment of the river for the \n benefit and enjoyment of present and future generations.\n (6) Inclusion of the Kissimmee River into the National Wild \n and Scenic River program would be a fitting tribute to the hard \n work of the Army Corps of Engineers and the South Florida Water \n Management District's restoration work.\n\nSEC. 3. DESIGNATION FOR STUDY.\n\n (a) Designation for Potential Addition.--Section 5(a) of the Wild \nand Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the \nend the following:\n ``(__) Kissimmee river, florida.--The segment from the \n southern shore of Lake Kissimmee to its confluence with Lake \n Okeechobee.''.\n (b) Study.--Section 5(b) of the Wild and Scenic Rivers Act (16 \nU.S.C. 1276(b)) is amended by adding at the end the following:\n ``(__) Kissimmee river, florida.--\n ``(A) In general.--Not later than 3 years after the \n date on which funds are made available to carry out \n this paragraph, the Secretary of the Interior shall \n complete a study of the Kissimmee River, as described \n in subsection (a)(__), and submit a report describing \n the results of such study to the Committee on Natural \n Resources of the House of Representatives and the \n Committee on Energy and Natural Resources of the \n Senate.\n ``(B) Report requirements.--The report required \n under subparagraph (A) shall--\n ``(i) include a discussion of the effect of \n the designation of the segment to be studied \n under subsection (a)(__) on--\n ``(I) existing commercial and \n recreational activities, such as cattle \n ranching, dairy production, hunting, \n fishing, trapping, recreational \n shooting, motor boat use, or bridge \n construction;\n ``(II) the authorization, \n construction, operation, maintenance, \n or improvement of energy production and \n transmission infrastructure;\n ``(III) military operations; and\n ``(IV) the authority of State and \n local governments to manage the \n activities described in subclauses (I) \n and (II); and\n ``(ii) identify--\n ``(I) all authorities that will \n authorize or require the Secretary of \n the Interior to influence local land \n use decisions (such as zoning) or place \n restrictions on non-Federal land if the \n area studied under subsection (a)(__) \n is designated under the Wild and Scenic \n Rivers Act;\n ``(II) all authorities that the \n Secretary of the Interior may use to \n condemn property if the area studied \n under subsection (a)(__) is designated \n under the Wild and Scenic Rivers Act; \n and\n ``(III) all private property \n located in the area to be studied under \n subsection (a)(__).\n ``(C) Noninterference.--This study shall not \n interfere with the Kissimmee River Restoration Project \n authorized under section 101(8) of the Water Resources \n Development Act of 1992 (Public Law 102-580).''.\n (c) No Negative Impact.--Nothing authorized by this Act may \nnegatively impact agricultural production in the Kissimmee River basin.\n (d) No Effect on Management.--This Act and the amendments made by \nthis Act shall not interfere with the current management of the area of \nthe Kissimmee River described in section 5(a)(__) of the Wild and \nScenic Rivers Act, nor shall the fact that such area is listed for \nstudy under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be \nused as justification for more restrictive management, such as \nwilderness or as a category of wild \n\n\n \n\nand scenic river, until Congress acts on the study recommendations.\n\n Passed the House of Representatives April 16, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Kissimmee River Wild and Scenic River Study Act of 2017 This bill amends the Wild and Scenic Rivers Act to designate the segment of the Kissimmee River in Florida from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of such river segment. The study shall not interfere with the Kissimmee River Restoration Project authorized under the Water Resources Development Act of 1992.","title":"Kissimmee River Wild and Scenic River Study Act of 2017","text_len":6895,"sum_len":527} {"bill_id":"112_hr6602","text":"SECTION 1. TABLE OF CONTENTS.\n\n The table of contents for this Act is as follows:\n\nSec. 1. Table of contents.\nSec. 2. Purpose.\nSec. 3. Technical amendments.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to make revisions in title 36, United \nStates Code, as necessary to keep the title current and make technical \ncorrections and improvements.\n\nSEC. 3. TECHNICAL AMENDMENTS.\n\n (a) Tables of Contents.--\n (1) Table of contents of the title.--Title 36, United States \n Code, is amended in the matter before subtitle I by striking\n\n``Subtitle Sec.\n\nPATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES 101\nPATRIOTIC AND NATIONAL ORGANIZATIONS...............................10101\nTREATY OBLIGATION ORGANIZATIONS.................................300101''\n and inserting\n\n``Subtitle I--Patriotic and National Observances and Ceremonies\n\n ``Part A--Observances and Ceremonies\n\n``Chap. Sec.\n\nPatriotic and National Observances...................................101\nNational Anthem, Motto, Floral Emblem, March, and Tree...............301\nPresidential Inaugural Ceremonies....................................501\nFederal Participation in Carl Garner Federal Lands Cleanup Day.......701\nMiscellaneous........................................................901\n\n ``Part B--United States Government Organizations Involved With \n Observances and Ceremonies\n\nAmerican Battle Monuments Commission................................2101\nUnited States Holocaust Memorial Council............................2301\nPresident's Committee on Employment of People With Disabilities.....2501\n\n``Subtitle II--Patriotic and National Organizations\n\n ``Part A--General\n\nGeneral............................................................10101\n\n ``Part B--Organizations\n\nAgricultural Hall of Fame..........................................20101\nAir Force Sergeants Association....................................20201\nAmerican Academy of Arts and Letters...............................20301\nAmerican Chemical Society..........................................20501\nAmerican Council of Learned Societies..............................20701\nAmerican Ex-Prisoners of War.......................................20901\nAmerican GI Forum of the United States.............................21001\nAmerican Gold Star Mothers, Incorporated...........................21101\nAmerican Historical Association....................................21301\nAmerican Hospital of Paris.........................................21501\nThe American Legion................................................21701\nThe American National Theater and Academy..........................21901\nThe American Society of International Law..........................22101\nAmerican Symphony Orchestra League.................................22301\nAmerican War Mothers...............................................22501\nAMVETS (American Veterans).........................................22701\nArmy and Navy Union of the United States of America................22901\nAviation Hall of Fame..............................................23101\nthrough 299....................................................Reserved\nBig Brothers--Big Sisters of America...............................30101\nBlinded Veterans Association.......................................30301\nBlue Star Mothers of America, Inc..................................30501\nBoard For Fundamental Education....................................30701\nBoy Scouts of America..............................................30901\nBoys & Girls Clubs of America......................................31101\nthrough 399....................................................Reserved\nCatholic War Veterans of the United States of America, Incorporated40101\nCivil Air Patrol...................................................40301\nCongressional Medal of Honor Society of the United States of Americ40501\nCorporation for the Promotion of Rifle Practice and Firearms Safety40701\nthrough 499....................................................Reserved\nDaughters of Union Veterans of the Civil War 1861-1865.............50101\nDisabled American Veterans.........................................50301\nthrough 599....................................................Reserved\n82nd Airborne Division Association, Incorporated...................60101\nthrough 699....................................................Reserved\nFleet Reserve Association..........................................70101\nFormer Members of Congress.........................................70301\nThe Foundation of the Federal Bar Association......................70501\nFrederick Douglass Memorial and Historical Association.............70701\nFuture Farmers of America..........................................70901\nthrough 799....................................................Reserved\nGeneral Federation of Women's Clubs................................80101\nGirl Scouts of the United States of America........................80301\nGold Star Wives of America.........................................80501\nthrough 899....................................................Reserved\nHelp America Vote Foundation.......................................90101\nthrough 999....................................................Reserved\nItalian American War Veterans of the United States................100101\nthrough 1099...................................................Reserved\nJewish War Veterans of the United States of America, Incorporated.110101\nJewish War Veterans, U.S.A., National Memorial, Incorporated......110301\nthrough 1199...................................................Reserved\nKorean War Veterans Association, Incorporated.....................120101\nthrough 1299...................................................Reserved\nLadies of the Grand Army of the Republic..........................130101\nLegion of Valor of the United States of America, Incorporated.....130301\nLittle League Baseball, Incorporated..............................130501\nthrough 1399...................................................Reserved\nMarine Corps League...............................................140101\nThe Military Chaplains Association of the United States of America140301\nMilitary Officers Association of America..........................140401\nMilitary Order of the Purple Heart of the United States of America, \nIncorporated......................................................140501\nMilitary Order of the World Wars..................................140701\nthrough 1499...................................................Reserved\nNational Academy of Public Administration.........................150101\nNational Academy of Sciences......................................150301\nNational Conference of State Societies, Washington, District of Co150501\nNational Conference on Citizenship................................150701\nNational Council on Radiation Protection and Measurements.........150901\nNational Education Association of the United States...............151101\nNational Fallen Firefighters Foundation...........................151301\nNational Federation of Music Clubs................................151501\nNational Film Preservation Foundation.............................151701\nNational Fund for Medical Education...............................151901\nNational Mining Hall of Fame and Museum...........................152101\nNational Music Council............................................152301\nNational Recording Preservation Foundation........................152401\nNational Safety Council...........................................152501\nNational Ski Patrol System, Incorporated..........................152701\nNational Society, Daughters of the American Colonists.............152901\nThe National Society of the Daughters of the American Revolution..153101\nNational Society of the Sons of the American Revolution...........153301\nNational Tropical Botanical Garden................................153501\nNational Woman's Relief Corps, Auxiliary to the Grand Army of the \nRepublic..........................................................153701\nThe National Yeomen (F)...........................................153901\nNaval Sea Cadet Corps.............................................154101\nNavy Club of the United States of America.........................154301\nNavy Wives Clubs of America.......................................154501\nNon Commissioned Officers Association of the United States of America, \nIncorporated......................................................154701\nthrough 1599...................................................Reserved\nthrough 1699...................................................Reserved\nParalyzed Veterans of America.....................................170101\nPearl Harbor Survivors Association................................170301\nPolish Legion of American Veterans, U.S.A.........................170501\nthrough 1799...................................................Reserved\nthrough 1899...................................................Reserved\nReserve Officers Association of the United States.................190101\nRetired Enlisted Association, Incorporated........................190301\nthrough 1999...................................................Reserved\nSociety of American Florists and Ornamental Horticulturists.......200101\nSons of Union Veterans of the Civil War...........................200301\nthrough 2099...................................................Reserved\nTheodore Roosevelt Association....................................210101\n369th Veterans' Association.......................................210301\nthrough 2199...................................................Reserved\nUnited Service Organizations, Incorporated........................220101\nUnited States Capitol Historical Society..........................220301\nUnited States Olympic Committee...................................220501\nUnited States Submarine Veterans of World War II..................220701\nthrough 2299...................................................Reserved\nVeterans of Foreign Wars of the United States.....................230101\nVeterans of World War I of the United States of America, Incorpora230301\nVietnam Veterans of America, Inc..................................230501\nthrough 2399...................................................Reserved\nWomen's Army Corps Veterans' Association..........................240101\nthrough 2499...................................................Reserved\nthrough 2599...................................................Reserved\nthrough 2699...................................................Reserved\nthrough 2799...................................................Reserved\n\n``Subtitle III--Treaty Obligation Organizations\n\nThe American National Red Cross................................300101''.\n (2) Tables of contents of subtitles.--Title 36, United States \n Code, is further amended as follows:\n (A) In the matter before chapter 1, after the heading\n\n ``Subtitle I--Patriotic and National Observances and Ceremonies'',\n\n strike\n\n ``Part A--Observances and Ceremonies''\n\n and all that follows through\n\nPresident's Committee on Employment of People With Disabilities..2501''.\n (B) In the matter before chapter 101, after the \n heading\n\n ``Subtitle II--Patriotic and National Organizations'',\n\n strike\n\n ``Part A--General''\n\n and all that follows through\n\n[Reserved].....................................................270101''.\n (C) In the matter before chapter 3001, after the \n heading\n\n ``Subtitle III--Treaty Obligation Organizations'',\n\n strike\n``Chapter Sec.\n\nThe American National Red Cross................................300101''.\n (b) Reserved Chapters.-- Title 36, United States Code, is further \namended as follows:\n (1) In the matter before\n\n ``CHAPTER 301--BIG BROTHERS--BIG SISTERS OF AMERICA'',\n\n insert\n\n ``CHAPTERS 233 THROUGH 299--RESERVED''.\n\n (2) In the matter before\n\n ``CHAPTER 401--CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA, \n INCORPORATED'',\n\n insert\n\n ``CHAPTERS 313 THROUGH 399--RESERVED''.\n\n (3) In the matter before\n\n ``CHAPTER 501--DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861-\n 1865'',\n\n insert\n\n ``CHAPTERS 409 THROUGH 499--RESERVED''.\n\n (4) In the matter before\n\n ``CHAPTER 601--82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED'',\n\n insert\n\n ``CHAPTERS 505 THROUGH 599--RESERVED''.\n\n (5) In the matter before\n\n ``CHAPTER 701--FLEET RESERVE ASSOCIATION'',\n\n insert\n\n ``CHAPTERS 603 THROUGH 699--RESERVED''.\n\n (6) In the matter before\n\n ``CHAPTER 801--GENERAL FEDERATION OF WOMEN'S CLUBS'',\n\n insert\n\n ``CHAPTERS 711 THROUGH 799--RESERVED''.\n\n (7) In the matter before\n\n ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES'',\n\n strike\n\n ``CHAPTER 901--[RESERVED]''\n\n and insert (before chapter 901 as renumbered and transferred \n by subsection (c)(6)(A)),\n\n ``CHAPTERS 807 THROUGH 899--RESERVED''.\n\n (8) In the matter before\n\n ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES''\n\n insert (after chapter 901 as renumbered and transferred by \n subsection (c)(6)(A))\n\n ``CHAPTERS 903 THROUGH 999--RESERVED''.\n\n (9) In the matter before\n\n ``CHAPTER 1101--JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA, \n INCORPORATED'',\n\n insert\n\n ``CHAPTERS 1003 THROUGH 1099--RESERVED''.\n\n (10) In the matter before\n\n ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED'',\n\n insert\n\n ``CHAPTERS 1105 THROUGH 1199--RESERVED''.\n\n (11) In the matter before\n\n ``CHAPTER 1301--LADIES OF THE GRAND ARMY OF THE REPUBLIC'',\n\n insert\n\n ``CHAPTERS 1203 THROUGH 1299--RESERVED''.\n\n (12) In the matter before\n\n ``CHAPTER 1401--MARINE CORPS LEAGUE'',\n\n insert\n\n ``CHAPTERS 1307 THROUGH 1399--RESERVED''.\n\n (13) In the matter before\n\n ``CHAPTER 1501--NATIONAL ACADEMY OF PUBLIC ADMINISTRATION'',\n\n insert\n\n ``CHAPTERS 1409 THROUGH 1499--RESERVED''.\n\n (14) In the matter before\n\n ``CHAPTER 1701--PARALYZED VETERANS OF AMERICA'',\n\n strike\n\n ``CHAPTER 1601--[RESERVED]''\n\n and insert\n\n ``CHAPTERS 1549 THROUGH 1599--RESERVED\n\n ``CHAPTERS 1601 THROUGH 1699--RESERVED''.\n\n (15) In the matter before\n\n ``CHAPTER 1901--RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES'',\n\n strike\n\n ``CHAPTER 1801--[RESERVED]''\n\n and insert\n\n ``CHAPTERS 1707 THROUGH 1799--RESERVED\n\n ``CHAPTERS 1801 THROUGH 1899--RESERVED''.\n\n (16) In the matter before\n\n ``CHAPTER 2001--SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL \n HORTICULTURISTS'',\n\n insert\n\n ``CHAPTERS 1905 THROUGH 1999--RESERVED''.\n\n (17) In the matter before\n\n ``CHAPTER 2101--THEODORE ROOSEVELT ASSOCIATION'',\n\n insert\n\n ``CHAPTERS 2005 THROUGH 2099--RESERVED''.\n\n (18) In the matter before\n\n ``CHAPTER 2201--UNITED SERVICE ORGANIZATIONS, INCORPORATED'',\n\n insert\n\n ``CHAPTERS 2105 THROUGH 2199--RESERVED''.\n\n (19) In the matter before\n\n ``CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES'',\n\n insert\n\n ``CHAPTERS 2209 THROUGH 2299--RESERVED''.\n\n (20) In the matter before\n\n ``CHAPTER 2401--WOMEN'S ARMY CORPS VETERANS' ASSOCIATION'',\n\n insert\n\n ``CHAPTERS 2307 THROUGH 2399--RESERVED''.\n\n (21) In the matter before\n\n ``Subtitle III--Treaty Obligation Organizations'',\n\n strike\n\n ``CHAPTER 2501--[RESERVED]\n\n ``CHAPTER 2601--[RESERVED]\n\n ``CHAPTER 2701--[RESERVED]''\n\n and insert\n\n ``CHAPTERS 2403 THROUGH 2499--RESERVED\n\n ``CHAPTERS 2501 THROUGH 2599--RESERVED\n\n ``CHAPTERS 2601 THROUGH 2699--RESERVED\n\n ``CHAPTERS 2701 THROUGH 2799--RESERVED''.\n\n (c) Other Technical Amendments to Title 36.--Title 36, United States \nCode, is further amended as follows:\n (1) National anthem, motto, floral emblem, march, and tree.--\n In the heading for chapter 3, strike ``FLORAL EMBLEM MARCH'' \n and insert ``FLORAL EMBLEM, MARCH''.\n (2) United states holocaust memorial museum.--In section \n 2301(2), strike ``section 2306'' and insert ``section 2304''.\n (3) Corporation for the promotion of rifle practice and \n firearms safety.--In section 40706(a)--\n (A) in the matter before paragraph (1), strike the \n dash appearing after ``the Secretary of the Army'' and \n insert a colon;\n (B) in paragraph (1), strike ``firearms'' and insert \n ``Firearms''; and\n (C) in paragraph (3), strike ``trophies'' and insert \n ``Trophies''.\n (4) Military officers association of america.--In section \n 140402, in the matter before paragraph (1), strike ``(a) \n General.--The purposes'' and insert ``The purposes''.\n (5) National film preservation foundation.--In section \n 151705(b), in the matter before paragraph (1), strike ``the the \n jurisdiction'' and insert ``the jurisdiction''.\n (6) Help america vote foundation.--\n (A) Renumbering and transfer of chapter.--Chapter \n 1526 is renumbered as chapter 901 and transferred so as \n to appear after\n\n ``CHAPTERS 807 THROUGH 899--RESERVED''\n\n (as inserted by subsection (b)(7)).\n (B) Renumbering of sections.--In chapter 901, as \n renumbered by subparagraph (A), and in the chapter \n analysis, sections 152601 through 152612 are renumbered \n as sections 90101 through 90112, respectively.\n (C) Conforming amendment.--In section 90109, as \n renumbered by subparagraph (B), strike ``section \n 152602'' and insert ``section 90102''.\n (7) National tropical botanical garden.--At the end of the \n chapter table of contents for chapter 1535, insert--\n\n``153514. Authorization of appropriations.''.\n (8) National yeomen (f).--\n (A) In the heading for chapter 1539, strike ``YOEMEN \n F'' and insert ``YEOMEN (F)''.\n (B) In section 153901, strike ``Yoemen F'' and insert \n ``Yeomen (F)''.\n (C) In paragraphs (1) and (2) of section 153902, \n strike ``Yoemen (f)'' and insert ``Yeomen (F)''.\n\n Passed the House of Representatives December 5, 2012.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Amends title 36 of the United States Code to revise and expand the tables of contents for such title and its subtitles, revise the formatting of the chapter headings, and make technical corrections to subtitle and chapter headings.","title":"To make revisions in title 36, United States Code, as necessary to keep the title current and make technical corrections and improvements.","text_len":19948,"sum_len":231} {"bill_id":"106_s1818","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``21st Century Master Teacher Act''.\n\nSEC. 2. MASTER TEACHER PROGRAMS.\n\n Title II of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6601 et seq.) is amended--\n (1) by redesignating part E as part G; and\n (2) by inserting after part D the following new part:\n\n ``PART E--MASTER TEACHER PROGRAM\n\n``SEC. 2351. FINDINGS.\n\n ``Congress makes the following findings:\n ``(1) The National Commission on Teaching and America's \n Future reports that more than 12 percent of all newly hired \n teachers enter the workforce with no training at all, and \n another 15 percent enter the workforce without having fully met \n State standards.\n ``(2) Annually, more than 50,000 people who lack the \n training required for their jobs have entered teaching with \n emergency or provisional licenses.\n ``(3) Only 500 of the Nation's 1,200 education schools meet \n common professional standards.\n ``(4) Fewer than 75 percent of all teachers have studied \n child development, and learning and teaching methods, have \n degrees in their subject areas, and have passed State licensing \n requirements.\n ``(5) Nearly \\1\/4\\ of all secondary school teachers, and \n more than 30 percent of secondary school mathematics teachers, \n do not have even a college minor in their main subject area.\n ``(6) 64 percent of urban school districts allow teachers \n who are not certified or licensed to teach under an emergency \n certification or license, and 40 percent of those districts \n allow the hiring of long-term substitute teachers.\n\n``SEC. 2352. PURPOSES.\n\n ``The purposes of this part are--\n ``(1) to give local educational agencies the resources to \n establish master teacher programs;\n ``(2) to increase the level of student performance at \n elementary schools and secondary schools by improving the \n quality of education provided by the teachers at such schools;\n ``(3) to give local educational agencies the resources to \n fund efforts by teachers at elementary schools and secondary \n schools to become board certified; and\n ``(4) to give local educational agencies the resources to \n enable such agencies to provide salary incentives to teachers \n to become board certified.\n\n``SEC. 2353. DEFINITIONS.\n\n ``In this part:\n ``(1) Board certified.--The term `board certified' means \n successful completion of all requirements to be certified by \n the National Board for Professional Teaching Standards.\n ``(2) Master teacher.--The term `master teacher' means a \n teacher who is certified by the National Board for Professional \n Teaching Standards and has been teaching for not less than 3 \n years.\n ``(3) Novice teacher.--The term `novice teacher' means a \n teacher who has been teaching for not more than 3 years at a \n public elementary school or secondary school.\n\n``SEC. 2354. PROGRAM AUTHORIZED.\n\n ``(a) Authority.--\n ``(1) In general.--The Secretary is authorized to award \n grants on a competitive basis to local educational agencies to \n establish master teacher programs as described in subsection \n (d).\n ``(2) Priority.--In awarding grants under paragraph (1), \n the Secretary shall give priority to local educational agencies \n that--\n ``(A) provide funding assistance to teachers to \n become board certified, including the provision of the \n board certification fee to become board certified; and\n ``(B) provide salary incentives to teachers who \n become board certified.\n ``(3) Geographic distribution.--To the maximum extent \n practicable, the Secretary shall award grants under paragraph \n (1) so that such grants are distributed among the school \n districts with the highest concentration of teachers who are \n not certified or licensed or are provisionally certified or \n licensed.\n ``(b) Duration.--A grant under subsection (a) shall be awarded for \na period of 5 years.\n ``(c) Amount.--The amount of a grant awarded under subsection (a), \nshall be determined based on--\n ``(1) the total amount appropriated for a fiscal year under \n section 2360; and\n ``(2) the extent of the concentration of teachers who are \n not certified or licensed or are provisionally certified or \n licensed in the school district involved.\n ``(d) Authorized Activities.--The master teacher programs described \nin subsection (a) shall--\n ``(1) provide funding assistance to teachers to become \n board certified, including the provision of the board \n certification fee; and\n ``(2) provide salary incentives to teachers who become \n board certified.\n\n``SEC. 2355. APPLICATIONS.\n\n ``(a) In General.--A local educational agency desiring a grant \nunder section 2354 shall submit an application to the Secretary at such \ntime, in such manner, and accompanied by such information as the \nSecretary may reasonably require.\n ``(b) Contents.--Each application submitted pursuant to subsection \n(a) shall include--\n ``(1) a statement describing the program activities for \n which amounts received under the grant will be used;\n ``(2) a statement describing the goals and objectives for \n the program activities described in paragraph (1), including a \n goal of increasing the percentage of teachers who become board \n certified and enhancing overall student achievement; and\n ``(3) a statement describing the manner in which the goals \n and objectives described in paragraph (2) will be measured.\n ``(c) Approval of Application.--The Secretary shall make a \ndetermination regarding an application submitted under subsection (a) \nbased on a recommendation of a peer review panel described in \nsubsection (d), and any other criteria that the Secretary determines to \nbe appropriate.\n ``(d) Peer Review Panel.--\n ``(1) Establishment.--The Secretary shall establish a peer \n review panel to review and make recommendations as to whether \n applications submitted pursuant to subsection (a) should be \n approved.\n ``(2) Recommendations.--In making a recommendation \n described in paragraph (1), the panel shall give consideration \n to the same factors that the Secretary is required to consider \n under paragraphs (2) and (3) of section 2354(a).\n\n``SEC. 2356. PAYMENTS.\n\n ``(a) In General.--Grant payments shall be made under this part on \nan annual basis.\n ``(b) Administrative Costs.--Each local educational agency that \nreceives a grant under section 2354 shall use not more than 2 percent \nof the amount awarded under the grant for administrative costs.\n ``(c) Denial of Grant.--If the Secretary determines that a local \neducational agency has failed to make substantial progress in attaining \nthe performance objectives and goals described in section 2355(b)(2), \nsuch an agency shall not be eligible for a grant payment under this \npart in the next succeeding year.\n\n``SEC. 2357. REPORTS.\n\n ``(a) Report by the Secretary.--Not later than 6 months after \nreceipt of reports described in subsection (b), the Secretary shall \nprepare and submit to the Committee on Health, Education, Labor, and \nPensions of the Senate and the Committee on Education and the Workforce \nof the House of Representatives a report of program activities funded \nunder this part.\n ``(b) Report by Applicant.--Not later than March 31, 2004, each \nlocal educational agency receiving a grant under this part shall submit \na report to the Secretary describing whether the program established \nunder section 2354 was effective in increasing student achievement for \nall students, and in increasing the percentage of teachers who have \nbecome board certified.\n\n``SEC. 2358. MATCHING REQUIREMENT.\n\n ``The Secretary may not award a grant to a local educational agency \nunder section 2354 unless the local educational agency agrees that, \nwith respect to costs to be incurred by the agency in carrying out \nactivities for which the grant was awarded, the agency shall provide \n(directly or through donations from public or private entities) in non-\nFederal contributions an amount equal to 25 percent of the amount of \nthe grant awarded to the agency.\n\n``SEC. 2359. REPAYMENT OF FUNDS.\n\n ``(a) In General.--In the case of any program under this part in \nwhich assistance is provided to a teacher to pay the National Board for \nProfessional Teaching Standard board certification fee to become board \ncertified, assistance may only be provided if the teacher makes \nagreements as follows:\n ``(1) The teacher will enter and complete the National \n Board for Professional Teaching Standards board certification \n program to become board certified.\n ``(2) Upon becoming board certified, the teacher will teach \n in the public school system for a period of not less than 5 \n years.\n ``(b) Breach of Agreements.--A teacher receiving assistance \ndescribed in subsection (a) is liable to the local educational agency \nthat provides such assistance for the amount of the certification fee \ndescribed in subsection (a) if such teacher--\n ``(1) voluntarily withdraws or terminates the certification \n program before taking the examination for board certification;\n ``(2) is dismissed from the certification program before \n becoming board certified; or\n ``(3) fails to comply with the agreement under subsection \n (a).\n ``(c) Waiver or Suspension of Liability.--In the case of a teacher \nmaking an agreement under subsection (a), the Secretary shall provide \nfor the waiver or suspension of liability under subsection (b) if \ncompliance by the teacher with the agreements involved is impossible, \nwould involve extreme hardship to the individual, or if enforcement of \nthe agreement with respect to the teacher would be unconscionable.\n ``(d) Date Certain for Recovery.--Subject to subsection (c), any \namount that a local educational agency is entitled to recover under \nsubsection (b) shall be paid to such an agency not later than the \nexpiration of the 3-year period beginning on the date the local \neducational agency becomes so entitled.\n\n``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out this part, \n$50,000,000 for each of the fiscal years 2000 through 2004.\n\n ``PART F--COMPETENCY EXAMINATION PROGRAM\n\n``SEC. 2361. COMPETENCY EXAMINATION GRANTS.\n\n ``(a) Examination.--The Secretary shall enter into an agreement \nwith the Center for Science, Mathematics, and Engineering of the \nNational Research Council of the National Academy of Sciences, under \nwhich the Center shall develop an advanced competency examination for \nelementary school and secondary school teachers of mathematics and \nscience.\n ``(b) Grants.--The Secretary may make grants to local educational \nagencies to assist the agencies in supplementing the salaries of \nteachers that pass the examination described in subsection (a). A local \neducational agency that receives such a grant for a year shall provide \nan additional $2500 in salary for that year to teachers that have \npassed the examination, and that teach in schools served by the agency.\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this part $10,000,000 for each of fiscal \nyears 2000 through 2004.''.\n\nSEC. 3. INFORMATION CAMPAIGN.\n\n Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et \nseq.) is amended by inserting after section 204 the following:\n\n``SEC. 204A. INFORMATION CAMPAIGN.\n\n ``(a) General Authority.--The Secretary may enter into contracts \nwith appropriate entities to conduct information campaigns to broaden \nawareness of, and encourage mid-career professionals and other \nqualified individuals to consider, professional opportunities relating \nto elementary or secondary education.\n ``(b) Announcements.--Announcements distributed as part of such an \ninformation campaign shall publicize the availability of Federal \nassistance under this Act to obtain the necessary education, and to \nobtain certification or licensing, for the professional opportunities.\n ``(c) Requirements.--The provisions of sections 205 and 206 shall \nnot apply to assistance provided under, and activities carried out \nunder, this section.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2000 through 2004.''.","summary":"Revises ESEA title II to authorize the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to establish master teacher programs that provide: (1) funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee. And (2) salary incentives to teachers who become board certified. Gives priority to LEAs that already provide such assistance and incentives. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Requires teachers receiving such assistance to: (1) enter and complete the board certification program. And (2) upon becoming board certified, teach in a public school system for at least five years. Authorizes appropriations. Revises ESEA title II to authorize the Secretary to: (1) enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science. And (2) make grants to LEAs to assist them in supplementing the salaries of teachers that pass such examination. Requires such LEAs to provide an additional $2,500 in salary for each grant year to teachers who have passed the examination and teach in schools served by the LEA. Authorizes appropriations. Revises HEA title II to authorize the Secretary to enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. Requires announcements distributed as part of such information campaigns to publicize the availability of Federal assistance under HEA to obtain the necessary education, and to obtain certification or licensing, for such professional opportunities. Makes certain administrative, accountability, and evaluation provisions inapplicable to such contracts and campaigns. Authorizes appropriations.","title":"21st Century Master Teacher Act","text_len":13151,"sum_len":2275} {"bill_id":"111_hr2334","text":"SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE \n DISTRICT OF COLUMBIA.\n\n (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled \n``An Act to provide for the organization of the militia of the District \nof Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-\n409, D.C. Official Code), is amended by striking ``President of the \nUnited States'' and inserting ``Mayor of the District of Columbia''.\n (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. \nOfficial Code) is amended by striking ``President of the United \nStates'' each place it appears and inserting ``Mayor of the District of \nColumbia''.\n (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such \nAct (sec. 49-301(a), D.C. Official Code) is amended--\n (A) by striking ``President of the United States'' and \n inserting ``Mayor of the District of Columbia''; and\n (B) by striking ``President.'' and inserting ``Mayor.''.\n (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is \namended by striking ``President'' and inserting ``Mayor of the District \nof Columbia''.\n (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is \namended by striking ``President of the United States'' and inserting \n``Mayor of the District of Columbia''.\n (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is \namended--\n (A) in subsection (a), by striking ``to the Secretary of \n the Army'' and all that follows through ``which board'' and \n inserting ``to a board of examination appointed by the \n Commanding General, which''; and\n (B) in subsection (b), by striking ``the Secretary of the \n Army'' and all that follows through the period and inserting \n ``the Mayor of the District of Columbia, together with any \n recommendations of the Commanding General.''.\n (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is \namended--\n (A) by striking ``President of the United States'' each \n place it appears and inserting ``Mayor of the District of \n Columbia''; and\n (B) by striking ``the President may retire'' and inserting \n ``the Mayor may retire''.\n (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. \nOfficial Code) is amended by striking ``, or for the United States \nMarshal'' and all that follows through ``shall thereupon order'' and \ninserting ``to order''.\n (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is \namended by striking ``the President'' and inserting ``the Mayor of the \nDistrict of Columbia''.\n (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, \nD.C. Official Code) is amended by striking ``the President of the \nUnited States'' and inserting ``the Mayor of the District of \nColumbia''.\n\nSEC. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER USE OF NATIONAL GUARD \n OF THE DISTRICT OF COLUMBIA TO RESPOND TO HOMELAND \n DEFENSE EMERGENCIES.\n\n (a) In General.--Chapter 9 of title 32, United States Code, is \namended by adding at the end the following new section:\n``Sec. 909. Control of National Guard of the District of Columbia for \n homeland defense activities\n ``Notwithstanding the authority of the Mayor of the District of \nColumbia as the Commander-in-Chief of the National Guard of the \nDistrict of Columbia, as provided by section 6 of the Act entitled `An \nAct to provide for the organization of the militia of the District of \nColumbia, and for other purposes', approved March 1, 1889 (sec. 49-409, \nD.C. Official Code), the President retains control over units and \nmembers of the National Guard of the District of Columbia to conduct \nhomeland defense activities that the President determines to be \nnecessary and appropriate for participation by the National Guard units \nor members.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``909. Control of National Guard of the District of Columbia for \n homeland defense activities.''.\n\nSEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.\n\n (a) Failure to Satisfactorily Perform Prescribed Training.--Section \n10148(b) of such title is amended by striking ``the commanding general \nof the District of Columbia National Guard'' and inserting ``the Mayor \nof the District of Columbia''.\n (b) Appointment of Chief of National Guard Bureau.--Section \n10502(a)(1) of such title is amended by striking ``the commanding \ngeneral of the District of Columbia National Guard'' and inserting \n``the Mayor of the District of Columbia''.\n (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of \nsuch title is amended by striking ``the commanding general of the \nDistrict of Columbia National Guard'' and inserting ``the Mayor of the \nDistrict of Columbia''.\n (d) Other Senior National Guard Bureau Officers.--Section \n10506(a)(1) of such title is amended by striking ``the commanding \ngeneral of the District of Columbia National Guard'' both places it \nappears and inserting ``the Mayor of the District of Columbia''.\n (e) Consent for Active Duty or Relocation.--(1) Section 12301 of \ntitle 10, United States Code, is amended--\n (A) in subsection (b), by striking ``commanding general of \n the District of Columbia National Guard'' in the second \n sentence and inserting ``Mayor of the District of Columbia''; \n and\n (B) in subsection (d), by striking ``governor or other \n appropriate authority of the State concerned'' and inserting \n ``governor of the State (or, in the case of the District of \n Columbia National Guard, the Mayor of the District of \n Columbia)''.\n (2) Section 12406 of such title is amended by striking ``the \ncommanding general of the National Guard of the District of Columbia'' \nand inserting ``the Mayor of the District of Columbia''.\n (f) Consent for Relocation of Units.--Section 18238 of such title \nis amended by striking ``the commanding general of the National Guard \nof the District of Columbia'' and inserting ``the Mayor of the District \nof Columbia''.\n\nSEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.\n\n (a) Maintenance of Other Troops.--Section 109(c) of title 32, \nUnited States Code, is amended by striking ``(or commanding general in \nthe case of the District of Columbia)''.\n (b) Drug Interdiction and Counter-Drug Activities.--Section \n112(h)(2) of such title is amended by striking ``the Commanding General \nof the National Guard of the District of Columbia'' and inserting ``the \nMayor of the District of Columbia''.\n (c) Additional Assistance.--Section 113 of such title is amended by \nadding at the end the following new subsection:\n ``(e) Inclusion of District of Columbia.--In this section, the term \n`State' includes the District of Columbia.''.\n (d) Appointment of Adjutant General.--Section 314 of such title is \namended--\n (1) by striking subsection (b);\n (2) by redesignating subsections (c) and (d) as subsections \n (b) and (c), respectively; and\n (3) in subsection (b) (as so redesignated), by striking \n ``the commanding general of the District of Columbia National \n Guard'' and inserting ``the Mayor of the District of \n Columbia,''.\n (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such \ntitle is amended by striking ``the commanding general of the National \nGuard of the District of Columbia'' and inserting ``the Mayor of the \nDistrict of Columbia''.\n (f) Personnel Matters.--Section 505 of such title is amended by \nstriking ``commanding general of the National Guard of the District of \nColumbia'' in the first sentence and inserting ``Mayor of the District \nof Columbia''.\n (g) National Guard Challenge Program.--Section 509 of such title is \namended--\n (1) in subsection (c)(1), by striking ``the commanding \n general of the District of Columbia National Guard, under which \n the Governor or the commanding general'' and inserting ``the \n Mayor of the District of Columbia, under which the Governor or \n the Mayor'';\n (2) in subsection (g)(2), by striking ``the commanding \n general of the District of Columbia National Guard'' and \n inserting ``the Mayor of the District of Columbia'';\n (3) in subsection (j), by striking ``the commanding general \n of the District of Columbia National Guard'' and inserting \n ``the Mayor of the District of Columbia''; and\n (4) in subsection (k), by striking ``the commanding general \n of the District of Columbia National Guard'' and inserting \n ``the Mayor of the District of Columbia''.\n (h) Issuance of Supplies.--Section 702(a) of such title is amended \nby striking ``commanding general of the National Guard of the District \nof Columbia'' and inserting ``Mayor of the District of Columbia''.\n (i) Appointment of Fiscal Officer.--Section 708(a) of such title is \namended by striking ``commanding general of the National Guard of the \nDistrict of Columbia'' and inserting ``Mayor of the District of \nColumbia''.\n\nSEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT.\n\n Section 602(b) of the District of Columbia Home Rule Act (sec. 1-\n206.02(b), D.C. Official Code) is amended by striking ``the National \nGuard of the District of Columbia,''.","summary":"Amends the District of Columbia Code to make the Mayor of the District of Columbia the Commander-in-Chief of the National Guard of the District. Provides that, notwithstanding the authority of the Mayor of the District of Columbia as such Commander-in-Chief, the President shall retain control over units and members of the District of Columbia National Guard to conduct necessary and appropriate homeland defense activities.","title":"To extend to the Mayor of the District of Columbia the same authority over the National Guard of the District of Columbia as the Governors of the several States exercise over the National Guard of those States with respect to administration of the National Guard and its use to respond to natural disasters and other civil disturbances, while ensuring that the President retains control of the National Guard of the District of Columbia to respond to homeland defense emergencies.","text_len":9611,"sum_len":425} {"bill_id":"109_hr4490","text":"SECTION 1. REFERENCES.\n\n References in this Act to ``the Act'' are references to the Higher \nEducation Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 2. WAIVERS AND MODIFICATIONS.\n\n Notwithstanding any other provision of law, unless enacted with \nspecific reference to this section, the Secretary is authorized to \nwaive or modify any statutory or regulatory provision applicable to the \nstudent financial assistance programs under title IV of the Act, or any \nstudent or institutional eligibility provisions in the Act, as the \nSecretary deems necessary in connection with a Gulf hurricane disaster \nto ensure that--\n (1) the calculation of expected family contribution under \n section 474 of the Act used in the determination of need for \n student financial assistance under title IV of the Act for any \n affected student (and the determination of such need for his or \n her family, if applicable), is modified to reflect any changes \n in the financial condition of such affected student and his or \n her family resulting from a Gulf hurricane disaster; and\n (2) institutions of higher education, systems of \n institutions, or consortia of institutions that are located in \n an area affected by a Gulf hurricane disaster, or that are \n serving affected students, are eligible, notwithstanding \n section 486(d) of the Act, to apply for participation in the \n distance education demonstration program under section 486 of \n the Act, except that the Secretary shall include in reports \n under section 486(f) of the Act an identification of those \n institutions, systems, and consortia that were granted \n participation in the demonstration program due to a Gulf \n hurricane disaster.\n\nSEC. 3. CANCELLATION OF INSTITUTIONAL REPAYMENT BY COLLEGES AND \n UNIVERSITIES AFFECTED BY A GULF HURRICANE DISASTER.\n\n Notwithstanding any provision of title IV of the Act or any \nregulation issued thereunder, the Secretary shall cancel any obligation \nof an affected institution to return or repay any funds the institution \nreceived before the date of enactment of this Act for, or on behalf of, \nits students under subpart 1 or 3 of part A or parts B, C, D, or E of \ntitle IV of the Act for any cancelled enrollment period.\n\nSEC. 4. CANCELLATION OF STUDENT LOANS FOR CANCELLED ENROLLMENT PERIODS.\n\n (a) Loan Forgiveness Authorized.--Notwithstanding any provision of \ntitle IV of the Act, the Secretary shall discharge all loan amounts \nunder parts B and D of title IV of the Act, and cancel any loan made \nunder part E of such title, disbursed to, or on behalf of, an affected \nstudent for a cancelled enrollment period.\n (b) Reimbursement.--The Secretary shall--\n (1) reimburse each affected institution for any amounts \n discharged under subsection (a) with respect to a loan under \n part E of title IV of the Act in the same manner as is required \n by section 465(b) of the Act with respect to a loan cancelled \n under section 465(a) of the Act; and\n (2) reimburse lenders for the purpose of discharging any \n loan amounts disbursed to, or on behalf of, an affected student \n under part B of title IV of the Act for a cancelled enrollment \n period.\n (c) Limitation on Consolidation Loans.--A loan amount for a loan \nmade under section 428C of the Act or a Federal Direct Consolidation \nLoan may be eligible for discharge under this section only to the \nextent that such loan amount was used to repay a loan to an affected \nstudent for a cancelled enrollment period.\n (d) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n\nSEC. 5. TEMPORARY DEFERMENT OF STUDENT LOAN REPAYMENT.\n\n An affected individual who is a borrower of a qualified student \nloan or a qualified parent loan shall be granted a deferment, not in \nexcess of 6 months, during which periodic installments of principal \nneed not be paid, and interest--\n (1) shall accrue and be paid by the Secretary, in the case \n of a loan made under section 428, 428B, 428C, or 428H of the \n Act;\n (2) shall accrue and be paid by the Secretary to the \n Perkins loan fund held by the institution of higher education \n that made the loan, in the case of a loan made under part E of \n title IV of the Act; and\n (3) shall not accrue, in the case of a Federal Direct Loan \n made under part D of such title.\n\nSEC. 6. NO AFFECT ON GRANT AND LOAN LIMITS.\n\n Notwithstanding any provision of title IV of the Act or any \nregulation issued thereunder, no grant or loan funds received by an \naffected student under title IV of the Act for a cancelled enrollment \nperiod shall be counted against such affected student's annual or \naggregate grant or loan limits for the receipt of grants or loans under \nthat title.\n\nSEC. 7. TEACHER LOAN RELIEF.\n\n The Secretary may waive the requirement of sections 428J(b)(1) and \n460(b)(1)(A) of the Act that the 5 years of qualifying service be \nconsecutive academic years for any teacher whose employment was \ninterrupted if--\n (1) the teacher was employed in qualifying service, at the \n time of a Gulf hurricane disaster, in a school located in an \n area affected by a Gulf hurricane disaster; and\n (2) the teacher resumes qualifying service not later than \n the beginning of academic year 2006-2007 in that school or any \n other school in which employment is qualifying service under \n such section.\n\nSEC. 8. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR \n PELL GRANTS.\n\n (a) In General.--The Secretary shall make special efforts, in \nconjunction with State efforts, to notify affected students and if \napplicable, their parents, who qualify for means-tested Federal benefit \nprograms, of their potential eligibility for a maximum Pell Grant, and \nshall disseminate such informational materials as the Secretary deems \nappropriate.\n (b) Means-Tested Federal Benefit Program.--For the purpose of this \nsection, the term ``means-tested Federal benefit program'' means a \nmandatory spending program of the Federal Government, other than a \nprogram under the Act, in which eligibility for the program's benefits, \nor the amount of such benefits, or both, are determined on the basis of \nincome or resources of the individual or family seeking the benefit, \nand may include such programs as the supplemental security income \nprogram under title XVI of the Social Security Act, the food stamp \nprogram under the Food Stamp Act of 1977, the free and reduced price \nschool lunch program established under the Richard B. Russell National \nSchool Lunch Act, the temporary assistance to needy families program \nestablished under part A of title IV of the Social Security Act, and \nthe women, infants, and children program established under section 17 \nof the Child Nutrition Act of 1966, and other programs identified by \nthe Secretary.\n\nSEC. 9. PROCEDURES.\n\n (a) Deadlines and Procedures.--Sections 482(c) and 492 of the Act \nshall not apply to any waivers, modifications, or actions initiated by \nthe Secretary under this Act.\n (b) Case-by-case Basis.--The Secretary is not required to exercise \nany waiver or modification authority under this Act on a case-by-case \nbasis.\n\nSEC. 10. TERMINATION OF AUTHORITY.\n\n The authority of the Secretary to issue waivers or modifications \nunder this Act shall expire at the conclusion of the 2005-2006 academic \nyear, but the expiration of such authority shall not affect the \ncontinuing validity of any such waivers or modifications after such \nacademic year.\n\nSEC. 11. DEFINITIONS.\n\n For purposes of this Act, except as otherwise specifically provided \nin this Act, the following terms have the following meanings:\n (1) Affected individual.--The term ``affected individual'' \n means an individual who has applied for or received student \n financial assistance under title IV of the Higher Education Act \n of 1965, and--\n (A) who is an affected student; or\n (B) whose primary place of employment or residency \n was, as of August 29, 2005, in an area affected by a \n Gulf hurricane disaster.\n (2) Affected institution.--The term ``affected \n institution'' means an institution of higher education that--\n (A) is located in an area affected by a Gulf \n hurricane disaster; and\n (B) has temporarily ceased operations as a \n consequence of a Gulf hurricane disaster, as determined \n by the Secretary.\n (3) Affected state.--The term ``affected State'' means the \n State of Alabama, Florida, Louisiana, Mississippi, or Texas.\n (4) Affected student.--The term ``affected student'' means \n an individual who has applied for or received student financial \n assistance under title IV of the Higher Education Act of 1965, \n and who--\n (A) was enrolled or accepted for enrollment, as of \n August 29, 2005, at an institution of higher education \n in an area affected by a Gulf hurricane disaster;\n (B) was a dependent student enrolled or accepted \n for enrollment at an institution of higher education \n that is not in an area affected by a Gulf hurricane \n disaster, but whose parents resided or were employed, \n as of August 29, 2005, in an area affected by a Gulf \n hurricane disaster; or\n (C) was enrolled or accepted for enrollment at an \n institution of higher education, as of August 29, 2005, \n and whose attendance was interrupted because of a Gulf \n hurricane disaster.\n (5) Area affected by a gulf hurricane disaster.--The term \n ``area affected by a Gulf hurricane disaster'' means a county \n or parish, in an affected State, that has been designated by \n the Federal Emergency Management Agency for disaster assistance \n for individuals and households as a result of Hurricane Katrina \n or Hurricane Rita.\n (6) Cancelled enrollment period.--The term ``cancelled \n enrollment period'' means any period of enrollment at an \n affected institution during the academic year 2005.\n (7) Gulf hurricane disaster.--The term ``Gulf hurricane \n disaster'' means a major disaster that the President declared \n to exist, in accordance with section 401 of the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act, and that \n was caused by Hurricane Katrina or Hurricane Rita.\n (8) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 102 of the Higher Education Act of 1965, except \n that the term does not include institutions under subsection \n (a)(1)(C) of that section.\n (9) Qualified student loan.--The term ``qualified student \n loan'' means any loan made, insured, or guaranteed under part \n B, D, or E of title IV of the Higher Education Act of 1965, \n other than a loan under section 428B of such title or a Federal \n Direct Plus loan.\n (10) Qualified parent loan.--The term ``qualified parent \n loan'' means a loan made under section 428B of title IV of the \n Higher Education Act of 1965 or a Federal Direct Plus loan.\n (11) Secretary.--The term ``Secretary'' means the Secretary \n of Education.","summary":"Authorizes the Secretary of Education to waive or modify requirements under the Higher Education Act of 1965 for student financial assistance programs, or other student or institutional eligibility provisions, as necessary to reflect changes in the financial condition of affected students and their families resulting from Hurricane Katrina or Hurricane Rita . Cancels: (1) certain institutional repayments by institutions of higher education affected by a Gulf hurricane disaster. And (2) student loans for affected students during certain cancelled enrollment periods. Provides for: (1) temporary deferment of student loan repayment by affected individuals. And (2) waiver of consecutive service requirements for affected individuals under a program of student loan forgiveness for school teachers. Directs the Secretary to make special efforts to notify affected students who qualify for a means-tested federal benefit program of their potential eligibility for a maximum Pell Grant and to disseminate informational materials regarding such eligibility.","title":"To provide higher education relief to individuals and institutions affected by Hurricanes Katrina and Rita, and for other purposes.","text_len":11953,"sum_len":1057} {"bill_id":"106_s1920","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Money Laundering Abatement Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Money laundering is a serious problem that enables \n criminals to reap the rewards of their crimes by hiding the \n criminal source of their profits.\n (2) When carried out by using banks, money laundering \n erodes the integrity of our financial institutions.\n (3) United States financial institutions are a critical \n link in our efforts to combat money laundering.\n (4) In addition to organized crime enterprises, corrupt \n government officials around the world increasingly employ \n sophisticated money laundering schemes to conceal wealth they \n have plundered or extorted from their nations or received as \n bribes, and these practices weaken the legitimacy of foreign \n states, threaten the integrity of international financial \n markets, and harm foreign populations.\n (5) Private banking is a growing activity among financial \n institutions based in and operating in the United States.\n (6) The high profitability, competition, high level of \n secrecy, and close relationships of trust developed between \n private bankers and their clients make private banking \n vulnerable to money laundering.\n (7) The use by United States bankers of financial centers \n located outside of the United States that have weak financial \n regulatory and reporting regimes and no transparency \n facilitates global money laundering.\n (b) Purpose.--The purpose of this Act is to eliminate the \nweaknesses in Federal law that allow money laundering to flourish, \nparticularly in private banking activities.\n\nSEC. 3. IDENTIFICATION OF ACTUAL OR BENEFICIAL OWNERS OF ACCOUNTS.\n\n (a) Transactions and Accounts With or on Behalf of Foreign \nEntities.--Subchapter II of chapter 53 of title 31, United States Code, \nis amended by adding at the end the following:\n``Sec. 5331. Requirements relating to transactions and accounts with or \n on behalf of foreign entities\n ``(a) Definitions.--Notwithstanding any other provision of this \nsubchapter, in this section the following definitions shall apply:\n ``(1) Account.--The term `account'--\n ``(A) means a formal banking or business \n relationship established to provide regular services, \n dealings, and other financial transactions; and\n ``(B) includes a demand deposit, savings deposit, \n or other asset account and a credit account or other \n extension of credit.\n ``(2) Correspondent account.--The term `correspondent \n account' means an account established to receive deposits from \n and make payments on behalf of a correspondent bank.\n ``(3) Correspondent bank.--The term `correspondent bank' \n means a depository institution that accepts deposits from \n another financial institution and provides services on behalf \n of such other financial institution.\n ``(4) Depository institution.--The term `depository \n institution' has the same meaning as in section 19(b)(1)(A) of \n the Federal Reserve Act.\n ``(5) Foreign banking institution.--The term `foreign \n banking institution' means a foreign entity that engages in the \n business of banking, and includes foreign commercial banks, \n foreign merchant banks, and other foreign institutions that \n engage in banking activities usual in connection with the \n business of banking in the countries where they are organized \n or operating.\n ``(6) Foreign entity.--The term `foreign entity' means an \n entity that is not organized under the laws of the Federal \n Government of the United States, any State of the United \n States, the District of Columbia, or the Commonwealth of Puerto \n Rico.\n ``(b) Prohibition on Opening or Maintaining Accounts Belonging to \nor for the Benefit of Unidentified Owners.--A depository institution or \na branch of a foreign bank (as defined in section 1 of the \nInternational Banking Act of 1978) may not open or maintain any account \nin the United States for a foreign entity or a representative of a \nforeign entity, unless--\n ``(1) for each such account, the institution completes and \n maintains in the United States a form or record identifying, by \n a verifiable name and account number, each person having a \n direct or beneficial ownership interest in the account; or\n ``(2) some or all of the shares of the foreign entity are \n publicly traded.\n ``(c) Prohibition on Opening or Maintaining Correspondent Accounts \nor Correspondent Bank Relationship With Certain Foreign Banks.--A \ndepository institution, or branch of a foreign bank, as defined in \nsection 1 of the International Banking Act of 1978, may not open or \nmaintain a correspondent account in the United States for or on behalf \nof a foreign banking institution, or establish or maintain a \ncorrespondent bank relationship with a foreign banking institution \n(other than in the case of an affiliate of a branch of a foreign bank), \nthat--\n ``(1) is organized under the laws of a jurisdiction outside \n of the United States; and\n ``(2) is not subject to comprehensive supervision or \n regulation on a consolidated basis by the appropriate \n authorities in such jurisdiction.\n ``(d) 48-Hour Rule.--Not later than 48 hours after receiving a \nrequest by the appropriate Federal banking agency (as defined in \nsection 3 of the Federal Deposit Insurance Act) for information related \nto anti-money laundering compliance by a financial institution or a \ncustomer of that institution, a financial institution shall provide to \nthe requesting agency, or make available at a location specified by the \nrepresentative of the agency, information and account documentation for \nany account opened, maintained, or managed in the United States by the \nfinancial institution.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nsubchapter II of chapter 53 of title 31, United States Code, is amended \nby inserting after the item relating to section 5330 the following:\n\n``5331. Requirements relating to transactions and accounts with or on \n behalf of foreign entities.''.\n (c) Effective Date.--The amendments made by this section shall \napply--\n (1) with respect to any account opened on or after the date \n of enactment of this Act, as of such date; and\n (2) with respect to any account opened before the date of \n enactment of this Act, as of the end of the 6-month period \n beginning on such date.\n\nSEC. 4. PROPER MAINTENANCE OF CONCENTRATION ACCOUNTS AT FINANCIAL \n INSTITUTIONS.\n\n Section 5318(h) of title 31, United States Code, is amended by \nadding at the end the following:\n ``(3) Availability of certain account information.--The \n Secretary shall prescribe regulations under this subsection \n that govern maintenance of concentration accounts by financial \n institutions, in order to ensure that such accounts are not \n used to prevent association of the identity of an individual \n customer with the movement of funds of which the customer is \n the direct or beneficial owner, which regulations shall, at a \n minimum--\n ``(A) prohibit financial institutions from allowing \n clients to direct transactions that move their funds \n into, out of, or through the concentration accounts of \n the financial institution;\n ``(B) prohibit financial institutions and their \n employees from informing customers of the existence of, \n or means of identifying, the concentration accounts of \n the institution; and\n ``(C) require each financial institution to \n establish written procedures governing the \n documentation of all transactions involving a \n concentration account, which procedures shall ensure \n that, any time a transaction involving a concentration \n account commingles funds belonging to 1 or more \n customers, the identity of, and specific amount \n belonging to, each customer is documented.''.\n\nSEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE BANKING.\n\n The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is \namended by inserting after section 10 the following:\n\n``SEC. 5A. DUE DILIGENCE.\n\n ``(a) Private Banking.--In fulfillment of its anti-money laundering \nobligations under section 5318(h) of title 31, United States Code, each \ndepository institution that engages in private banking shall establish \ndue diligence procedures for opening and reviewing, on an ongoing \nbasis, accounts of private banking customers.\n ``(b) Minimum Standards.--The due diligence procedures required by \nparagraph (1) shall, at a minimum, ensure that the depository \ninstitution knows and verifies, through probative documentation, the \nidentity and financial background of each private banking customer of \nthe institution and obtains sufficient information about the source of \nfunds of the customer to meet the anti-money laundering obligations of \nthe institution.\n ``(c) Compliance Review.--The appropriate Federal banking agencies \nshall review compliance with the requirements of this section as part \nof each examination of a depository institution under this Act.\n ``(d) Regulations.--The Board of Governors of the Federal Reserve \nSystem shall, after consultation with the other appropriate Federal \nbanking agencies, define the term `private banking' by regulation for \npurposes of this section.''.\n\nSEC. 6. SUPPLEMENTATION OF CRIMES CONSTITUTING MONEY LAUNDERING.\n\n Section 1956(c)(7)(B) of title 18, United States Code, is amended--\n (1) by striking clause (ii) and inserting the following:\n ``(ii) any conduct constituting a crime of \n violence;''; and\n (2) by adding at the end the following:\n ``(iv) fraud, or any scheme to defraud, \n committed against a foreign government or \n foreign governmental entity under the laws of \n that government or entity;\n ``(v) bribery of a foreign public official, \n or the misappropriation, theft, or embezzlement \n of public funds by or for the benefit of a \n foreign public official under the laws of the \n country in which the subject conduct occurred \n or in which the public official holds office;\n ``(vi) smuggling or export control \n violations involving munitions listed in the \n United States Munitions List or technologies \n with military applications, as defined in the \n Commerce Control List of the Export \n Administration Regulations;\n ``(vii) an offense with respect to which \n the United States would be obligated by a \n multilateral treaty either to extradite the \n alleged offender or to submit the case for \n prosecution, if the offender were found within \n the territory of the United States; or\n ``(viii) the misuse of funds of, or \n provided by, the International Monetary Fund in \n contravention of the Articles of Agreement of \n the Fund or the misuse of funds of, or provided \n by, any other international financial \n institution (as defined in section 1701(c)(2) \n of the International Financial Institutions \n Act) in contravention of any international \n treaty or other international agreement to \n which the United States is a party, including \n any articles of agreement of the members of \n such international financial institution;''.\n\nSEC. 7. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL INSTITUTIONS \n CONCERNING THE IDENTITY OF A CUSTOMER.\n\n (a) In General.--Chapter 47 of title 18, United States Code \n(relating to fraud and false statements), is amended by inserting after \nsection 1007 the following:\n``Sec. 1008. False statements concerning the identity of customers of \n financial institutions\n ``(a) In General.--Whoever knowingly in any manner--\n ``(1) falsifies, conceals, or covers up, or attempts to \n falsify, conceal, or cover up, the identity of any person in \n connection with any transaction with a financial institution;\n ``(2) makes, or attempts to make, any materially false, \n fraudulent, or fictitious statement or representation of the \n identity of any person in connection with a transaction with a \n financial institution;\n ``(3) makes or uses, or attempts to make or use, any false \n writing or document knowing the same to contain any materially \n false, fictitious, or fraudulent statement or entry concerning \n the identity of any person in connection with a transaction \n with a financial institution; or\n ``(4) uses or presents, or attempts to use or present, in \n connection with a transaction with a financial institution, an \n identification document or means of identification the \n possession of which is a violation of section 1028;\nshall be fined under this title, imprisoned not more than 5 years, or \nboth.\n ``(b) Definitions.--In this section:\n ``(1) Financial institution.--In addition to the meaning \n given to the term `financial institution' by section 20, the \n term `financial institution' also has the meaning given to such \n term in section 5312(a)(2) of title 31.\n ``(2) Identification document and means of \n identification.--The terms `identification document' and `means \n of identification' have the meanings given to such terms in \n section 1028(d).''.\n (b) Technical and Conforming Amendments.--\n (1) Title 18, united states code.--Section 1956(c)(7)(D) of \n title 18, United States Code, is amended by striking ``1014 \n (relating to fraudulent loan'' and inserting ``section 1008 \n (relating to false statements concerning the identity of \n customers of financial institutions), section 1014 (relating to \n fraudulent loan''.\n (2) Table of sections.--The table of sections for chapter \n 47 of title 18, United States Code, is amended by inserting \n after the item relating to section 1007 the following:\n\n``1008. False statements concerning the identity of customers of \n financial institutions.''.\n\nSEC. 8. APPROPRIATION FOR FINCEN TO IMPLEMENT SAR\/CTR ALERT DATABASE.\n\n There is authorized to be appropriated $1,000,000, to remain \navailable until expended, for the Financial Crimes Enforcement Network \nof the Department of the Treasury to implement an automated database \nthat will alert law enforcement officials if Currency Transaction \nReports or Suspicious Activity Reports disclose patterns that may \nindicate illegal activity, including any instance in which multiple \nCurrency Transaction Reports or Suspicious Activity Reports name the \nsame individual within a prescribed period of time.\n\nSEC. 9. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.\n\n Section 1956(b) of title 18, United States Code, is amended--\n (1) by redesignating paragraphs (1) and (2) as \n subparagraphs (A) and (B), respectively;\n (2) by inserting ``(1)'' after ``(b)'';\n (3) by inserting ``, or section 1957'' after ``or (a)(3)''; \n and\n (4) by adding at the end the following:\n ``(2) For purposes of adjudicating an action filed or enforcing a \npenalty ordered under this section, the district courts shall have \njurisdiction over any foreign person, including any financial \ninstitution authorized under the laws of a foreign country, that \ncommits an offense under subsection (a) involving a financial \ntransaction that occurs in whole or in part in the United States, if \nservice of process upon such foreign person is made under the Federal \nRules of Civil Procedure or the laws of the country in which the \nforeign person is found.\n ``(3) The court may issue a pretrial restraining order or take any \nother action necessary to ensure that any bank account or other \nproperty held by the defendant in the United States is available to \nsatisfy a judgment under this section.''.\n\nSEC. 10. LAUNDERING MONEY THROUGH A FOREIGN BANK.\n\n Section 1956(c)(6) of title 18, United States Code, is amended to \nread as follows:\n ``(6) the term `financial institution' includes--\n ``(A) any financial institution described in \n section 5312(a)(2) of title 31, or the regulations \n promulgated thereunder; and\n ``(B) any foreign bank, as defined in section \n 1(b)(7) of the International Banking Act of 1978 (12 \n U.S.C. 3101(7)).''.\n\nSEC. 11. EFFECTIVE DATE.\n\n Except as otherwise specifically provided in this Act, this Act and \nthe amendments made by this Act shall take effect 90 days after the \ndate of enactment of this Act.","summary":"Requires a financial institution to comply within 48 hours with a Federal banking agency request for anti- money laundering information. Instructs the Secretary of the Treasury to prescribe regulations governing maintenance of concentration accounts by financial institutions to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner. Amends the Federal Deposit Insurance Act to require each depository institution engaging in private banking to establish due diligence procedures for ongoing review of private banking customer accounts. Amends Federal criminal law to: (1) expand the designations of unlawful laundering of monetary instruments. (2) impose a fine and imprisonment for false statements to financial institutions concerning the identity of a customer. And (3) grant district courts jurisdiction over any foreign person that commits a financial transaction offense in the United States, including court issuance of a pretrial restraining order. Authorizes appropriations for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database to alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns of illegal activity, including multiple Currency Transaction Reports or Suspicious Activity Reports which name the same individual within a prescribed period of time.","title":"Money Laundering Abatement Act of 1999","text_len":18347,"sum_len":1513} {"bill_id":"111_hr4153","text":"SECTION 1. NATIONAL STANDARDS TO PREVENT DISTRACTED DRIVING.\n\n (a) In General.--Chapter 1 of title 23, United States Code, is \namended by adding at the end the following:\n``Sec. 167. National standards to prevent distracted driving\n ``(a) Penalty.--On October 1, 2011, and October 1 of each fiscal \nyear thereafter, if a State does not meet the requirement of subsection \n(b), the Secretary shall withhold from amounts apportioned to the State \non that date under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) \nan amount equal to the amount specified in subsection (c).\n ``(b) Requirement.--\n ``(1) In general.--A State meets the requirement of this \n subsection if the State has enacted and is enforcing a law that \n prohibits a person from operating a motor vehicle in the State \n while the person is using a wireless communications device to \n compose, read, or send an electronic message, when the vehicle \n is in motion or part of traffic.\n ``(2) Exceptions.--Paragraph (1) does not apply if a \n wireless communications device is used--\n ``(A) solely in a voice-activated or other hands-\n free mode;\n ``(B) for making a cellular phone call;\n ``(C) for obtaining emergency assistance to--\n ``(i) report a traffic accident, medical \n emergency, or serious traffic hazard; or\n ``(ii) prevent a crime about to be \n committed;\n ``(D) in the reasonable belief that a person's life \n or safety is in immediate danger;\n ``(E) in an authorized emergency vehicle while in \n the performance of official duties;\n ``(F) when a motor vehicle is stopped and the \n driver has the motor vehicle transmission in neutral or \n park; and\n ``(G) in other circumstances, as identified by the \n Secretary by regulation, in which use of a wireless \n communications device does not adversely affect safety.\n ``(c) Amount To Be Withheld.--If a State is subject to a penalty \nunder subsection (a), the Secretary shall withhold for a fiscal year \nfrom the apportionments of the State described in subsection (a) an \namount equal to a percentage of the funds apportioned to the State \nunder each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal \nyear 2009. The percentage shall be as follows:\n ``(1) For fiscal year 2012, 2 percent.\n ``(2) For fiscal year 2013, 4 percent.\n ``(3) For fiscal year 2014, 6 percent.\n ``(4) For fiscal year 2015, and each fiscal year \n thereafter, 8 percent.\n ``(d) Effect of Compliance and Noncompliance.--If, within 4 years \nfrom the date that an apportionment for a State is withheld in \naccordance with this section, the Secretary determines that the State \nmeets the requirement of subsection (b), the apportionment of the State \nshall be increased by an amount equal to the amount withheld. If, at \nthe end of such 4-year period, a State does not meet the requirement of \nsubsection (b) any amounts so withheld from the State shall lapse.\n ``(e) Definitions.--In this section, the following definitions \napply:\n ``(1) Electronic message.--\n ``(A) In general.--The term `electronic message' \n means a self-contained piece of digital communication \n that is designed or intended to be transmitted between \n physical devices.\n ``(B) Inclusions.--The term includes e-mail, a text \n message, an instant message, a command or request to \n access a World Wide Web page, or other data that uses a \n commonly recognized electronic communications protocol. \n An electronic message does not include voice or other \n data transmitted as a result of making a phone call, or \n data transmitted automatically by a wireless \n communications device without direct initiation by a \n person.\n ``(2) Wireless communications device.--\n ``(A) In general.--The term `wireless \n communications device' means--\n ``(i) a cellular phone; or\n ``(ii) a portable electronic device that is \n capable of receiving and transmitting data, \n including to text messages and e-mail, without \n an access line for service.\n ``(B) Exclusion.--The term does not include a \n device that is permanently affixed to the vehicle, \n including a global positioning system or navigation \n system.''.\n (b) Clerical Amendment.--The analysis for such chapter is amended \nby adding at the end the following:\n\n``167. National standards to prevent distracted driving.''.","summary":"Requires the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway program funds for FY2012-FY2015, and thereafter, if the state has not enacted or is not enforcing a law that prohibits, with specified exceptions, a person from using a wireless communications device to compose, read, or send an electronic message while operating a motor vehicle that is in motion or part of traffic.","title":"To amend title 23, United States Code, to establish national standards to prevent distracted driving, and for other purposes.","text_len":5162,"sum_len":460} {"bill_id":"112_s3489","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Good Neighbor Social Security Office \nand Community Protection Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that:\n (1) As of March 2012, more than 61,000,000 Americans \n received benefits from the Social Security Administration.\n (2) Americans depend upon convenient access to Social \n Security Administration field offices.\n (3) The Social Security Administration faces growing \n financial constraints consistent with the fiscal emergency \n faced by the Nation.\n (4) Americans rightly expect the Social Security \n Administration to meet its financial objectives through methods \n that preserve service standards to the highest degree possible.\n (5) The Social Security Administration is in the process of \n closing large numbers of field offices in an effort that is \n expected to last several years.\n (6) The Social Security Administration is closing field \n offices without adequate community input and process \n transparency.\n (7) The shortcomings in the Social Security \n Administration's process for closing field offices are due in \n part to an absence of a statutorily defined field office \n closure procedures that protect the interests of all interested \n parties.\n (8) Social Security beneficiaries and the communities \n surrounding Social Security field offices deserve notice of \n office closures, an opportunity to offer comment and have those \n comments given due consideration, and a clear plan to minimize \n service disruption from an office closure.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administration.--The term ``Administration'' means the \n Social Security Administration.\n (2) Closure.--The term ``closure'' includes any \n realignment, consolidation, or merger of an Administration \n field office.\n (3) Commissioner.--The term ``Commissioner'' means the \n Commissioner of Social Security.\n (4) State.--The term ``State'' means each of the 50 States, \n the District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, Guam, American Samoa, and the \n Commonwealth of the Northen Mariana Islands.\n\nSEC. 4. GUIDELINES AND STANDARDIZED PROCEDURES FOR CLOSURE OF SOCIAL \n SECURITY ADMINISTRATION FIELD OFFICES.\n\n (a) Guidelines for Identification of Offices for Possible \nClosure.--Not later than 180 days after the date of enactment of this \nAct, the Commissioner shall develop and publish--\n (1) financial guidelines that may be used to identify \n Administration field offices for possible closure; and\n (2) standardized closure procedures that meet the \n requirements of section 5.\n (b) Non-Binding.--The financial guidelines and standardized closure \nprocedures developed under subsection (a) shall provide that \nidentification of an Administration field office for possible closure \nshall not require the Commissioner to begin closure procedures for any \nfield office identified as a result of the application of such \nguidelines or the initiation of such procedures.\n\nSEC. 5. REQUIREMENTS FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION \n FIELD OFFICES.\n\n (a) Office Closure and Service Continuity Proposal.--In any case \nwhere the Commissioner has identified an Administration field office \nfor possible closure as a result of the application of the financial \nguidelines developed under section 4 and decides to initiate procedures \nto close that field office, the Commissioner shall develop an office \nclosure and service continuity proposal for the office that contains \nthe following information:\n (1) The financial justification for the proposed office \n closure, with estimated savings in costs relating to real \n estate, labor, and miscellaneous expenses.\n (2) The estimated cost of the office closure.\n (3) Data for monthly customer traffic at the office.\n (4) The location of the two nearest Administration field \n offices that would remain open after the office closure.\n (5) The estimated travel time, by private vehicle and \n public transit, from the Administration field office proposed \n for closure and the two nearest Administration field offices \n that would remain open after the office closure.\n (6) The steps the Administration plans to take to mitigate \n any hardship created by the office closure.\n (7) The names and addresses of governmental agencies and \n community organizations to be notified in accordance with \n subsection (b).\n (8) The postal and electronic addresses for which public \n comments may be sent in accordance with subsection (c).\n (b) Notices Required Prior to Final Closure Decision.--\n (1) In general.--Not less than 90 days prior to the \n proposed closure date for an Administration field office, the \n Commissioner shall--\n (A) provide copies of the office closure and \n service continuity proposal developed for the \n Administration field office to--\n (i) the chief executive office of the State \n in which field office proposed for closure is \n located;\n (ii) the chief executive officers for the \n county and city government jurisdictions in \n which the field office proposed for closure is \n located; and\n (iii) the head of the social services \n agencies that receive Federal funds that are \n located within a 10-mile radius of the field \n office proposed for closure;\n (B) publish the proposal in newspapers whose \n circulation area includes areas served by the field \n office proposed for closure; and\n (C) broadcast the proposal over Federally licensed \n radio stations whose broadcast area includes areas \n served by the field office proposed for closure.\n (2) Records.--The Commissioner shall maintain records of \n the dates on which the notices, publications, and broadcasts \n required under paragraph (1) are made.\n (c) Public Comment Required Prior to Final Closure Decision.--\n (1) In general.--The Commissioner shall hold at least 1 \n hearing at which public comments may be made prior making any \n final decision to close an Administration field office. The \n Commissioner also shall provide postal and electronic addresses \n for which written comments regarding the proposed closure may \n be submitted.\n (2) Notice.--The date and time for the public comment \n hearing on the proposed closure of an Administration field \n office shall be included in the notices, publications, and \n broadcasts required under subsection (b).\n (3) Timing.--The public comment hearing shall be held at \n least 21 days after notice of the date and time for the hearing \n is made in accordance with paragraph (2) and at least 60 days \n prior to the proposed closure date for the Administration field \n office.\n (4) Attendance.--The Regional Commissioner for the region \n in which the Administration field office proposed for closure \n is located shall attend the public comment hearing. Only in \n cases where Regional Commissioner is, in good faith, unable to \n attend the hearing, may a designated representative attend the \n public comment hearing in lieu of the Regional Commissioner.\n (5) Format.--The public comment hearing shall be conducted \n as follows:\n (A) The hearing shall begin with a presentation by \n the Commissioner of the case for closure of the field \n office.\n (B) The hearing shall then provide at least 1 hour \n following the conclusion of the presentation of the \n case for closure for comments from elected officials.\n (C) Following the conclusion of the period for \n comment from elected officials, the hearing shall then \n provide at least 1 hour for comments from the public.\n (6) Records.--The Commissioner shall maintain a record of \n the comments provided at the hearing and shall include in the \n record any written comments received regarding the proposed \n closure of the field office. The Commissioner shall publish the \n record on the Administration Web site within 5 days after the \n conclusion of the public comment hearing.\n (d) Final Closure Decision.--\n (1) In general.--The Commissioner shall issue a final \n closure decision regarding an Administration field office only \n after review of the comments received regarding the closure and \n evaluation of any alternatives to closing the office that are \n made at the public comment hearing or through written \n submission.\n (2) Notice.--Notice of the Commissioner's final closure \n decision with respect to an Administration field office shall \n be published on the Administration Web site and shall be \n distributed, published, and broadcast in the same manner as \n notice of the office closure and service continuity proposal is \n made under subsection (b).\n (3) Decision to close.--If the Commissioner's final closure \n decision is to close a field office, the Commissioner shall \n amend the office closure and service continuity proposal for \n the field office to incorporate additional information obtained \n during the public comment period.\n (4) Timing.--Notice of the Commissioner's final closing \n decision shall be provided at least 45 days prior to a closing \n date for a field office.\n (e) Additional Requirements.--The Commissioner shall continue to \noperate an Administration field office proposed for closure in good \nfaith and with the assumption of continued service, until notice of the \nCommissioner's final closure decision is made. The Commissioner shall \nnot take any action to close an Administration field office prior to \nproviding notice of the Commissioner's final closure decision, \nincluding--\n (1) terminating or providing notice to terminate any real \n estate lease, rental, or similar arrangement;\n (2) concluding agreements with collective bargaining units \n related to the office closure;\n (3) making expenditures related to the proposed office \n closure, except those necessary to fulfill the requirements of \n this Act; and\n (4) entering into contracts related to the proposed office \n closure, except those necessary to fulfill the process \n requirements of this Act.\n (f) Extensions of Time for Closure.--The Commissioner may--\n (1) toll any time periods for action established by this \n Act, provided that an equivalent delay in the proposed closing \n date is made; and\n (2) delay the proposed closing date for an Administration \n field office at any time in the closing process, including, if \n the final closure decision is to close the office, after making \n that decision.\n\nSEC. 6. NON-APPLICABILITY TO DISPOSAL OF REAL PROPERTY RELATED TO \n CLOSED OFFICES.\n\n Nothing in this Act shall be construed to prevent or delay the \nspeedy disposal of surplus Government real property, including any \nAdministration field offices closed in accordance with the requirements \nof this Act.","summary":"Good Neighbor Social Security Office and Community Protection Act of 2012 - Directs the Commissioner of Social Security to develop and publish: (1) financial guidelines that may be used to identify Social Security Administration field offices for possible closure, and (2) standardized closure procedures that meet certain requirements. Requires such guidelines and procedures to provide that identification of an Administration field office for possible closure shall not require the Commissioner to begin closure procedures for it. Requires the Commissioner to: (1) develop an office closure and service continuity proposal for any office so identified which the Commissioner decides to close that contains, among other specified items, the estimated cost of the closure. (2) notify state and local chief executive offices and the public before closure. (3) require the Commissioner to hold at least one hearing to take public comments before making a final decision to close a field office. (5) issue a final closure decision only after review of such comments and evaluation of any alternatives to closing the office. And (6) continue to operate an office proposed for closure in good faith and with the assumption of continued service until the notice of the Commisioner's final closure decision is made.","title":"A bill to protect senior citizens, disabled persons, veterans, and other beneficiaries and customers of the Social Security Administration by performing the process for closure of field offices.","text_len":12280,"sum_len":1309} {"bill_id":"103_hr3679","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Junior Duck Stamp Conservation and \nDesign Program Act of 1994''.\n\nSEC. 2. ESTABLISHMENT OF PROGRAM.\n\n (a) In General.--The Secretary of the Interior (in this Act \nreferred to as the ``Secretary'') may carry out in accordance with this \nAct a program to be known as the ``Junior Duck Stamp Conservation and \nDesign Program'' (in this Act referred to as the ``Program'') to \naccomplish the goals of--\n (1) providing to school children environmental education \n opportunities relating to the conservation and management of \n migratory birds; and\n (2) increasing the capacity for schools, States, and other \n educational programs to conduct conservation and education \n programs.\n (b) Program Features.--The Program shall consist of--\n (1) conducting in all interested States the activities which on \n the day before the date of the enactment of this Act are conducted \n under the program known as the Junior Duck Stamp Conservation and \n Design Program;\n (2) other activities authorized under the Program by this or \n any other Act; and\n (3) any other activity necessary to carry out the conservation \n and education goals of the Program.\n (c) Effort To Conduct Program in All States.--\n (1) In general.--The Secretary shall take appropriate steps to \n seek to conduct the Program in all of the 50 States.\n (2) Annual report.--The Secretary shall annually submit a \n report to the Congress on the status of the Program in each of the \n 50 States.\n\nSEC. 3. JUNIOR DUCK STAMP.\n\n (a) Competition.--As part of the Program, the Secretary may \nannually conduct a competition to--\n (1) solicit the submission by students at elementary and \n secondary schools of designs relating to conservation of migratory \n birds; and\n (2) select winning designs from among those submissions for use \n for licensing and marketing under subsection (b).\n (b) Licensing and Marketing of Design of Junior Duck Stamps.--As \npart of the Program, the Secretary may--\n (1) license and market winning designs selected in competitions \n under subsection (a); and\n (2) license and market stamps bearing those designs, which \n shall be known as Junior Duck Stamps.\n (c) Use of Proceeds From Licensing and Marketing of Junior Duck \nStamps and Junior Duck Stamp Designs.--Amounts received under \nsubsection (b)--\n (1) shall be available to the Secretary until expended, without \n further appropriations, solely for--\n (A) awards and scholarships to individuals who submit \n designs in competitions under subsection (a), that are--\n (i) selected in such a competition as winning designs; \n or\n (ii) otherwise determined in such a competition to be \n superior;\n (B) awards to schools and other participants to further \n education activities related to the conservation education \n goals of the Program; and\n (C) expenses for licensing and marketing under subsection \n (b); and\n (2) may not be used for administrative expenses of the Program.\n\nSEC. 4. ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS.\n\n The Secretary may accept and use any gift, devise, or bequest of \npersonal property, or proceeds thereof, for the purpose of funding the \nactivities described in section 3(c)(1) (A) and (B).\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary for \nadministrative expenses of the Program $250,000 for each of the fiscal \nyears 1995 through 2000.\nSEC. 6. ENVIRONMENTAL EDUCATION CENTER AND REFUGE HEADQUARTERS AT JOHN \nHEINZ NATIONAL WILDLIFE REFUGE AT TINICUM.\n (a) In General.--Notwithstanding other laws and subject to \nsubsection (b), the Secretary of the Interior, acting through the \nDirector of the United States Fish and Wildlife Service, may transfer \nto the National Fish and Wildlife Foundation the Cusano bequest.\n (b) Conditions of Transfer.--As a condition of transferring the \nCusano bequest under subsection (a), the Secretary of the Interior \nshall require the National Fish and Wildlife Foundation to enter into \nan agreement under which the Foundation is required to--\n (1) solicit additional non-Federal contributions to provide a \n dollar for dollar match of the Cusano bequest;\n (2) manage the Cusano bequest and those contributions in \n accordance with all applicable requirements of the National Fish \n and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.);\n (3) use all amounts and proceeds from the Cusano bequest and \n any non-Federal contributions received pursuant to paragraph (1) \n for the purpose of designing and constructing a facility for an \n environmental education center and refuge headquarters on lands \n located within the John Heinz National Wildlife Refuge at Tinicum; \n and\n (4) donate the facility to the United States Fish and Wildlife \n Service upon completion of its construction.\n (c) Cusano Bequest Defined.--For purposes of this section, the term \n``Cusano bequest'' means the amounts totaling approximately $2,473,971 \nwhich were donated to the Department of the Interior in 1994 by Mr. \nAntonio Cusano of Crum Lynne, Pennsylvania, and includes all proceeds \nderived from such amounts in the period since the donation was made.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Junior Duck Stamp Conservation and Design Program Act of 1994 - Authorizes the Secretary of the Interior to carry out the Junior Duck Stamp Conservation and Design Program. Permits the Secretary, as part of the Program, to conduct an annual competition to: (1) solicit the submission by elementary and secondary school students of designs relating to migratory bird conservation. And (2) select winning designs for use for licensing and marketing. Authorizes the Secretary to license and market winning designs and stamps bearing such designs, to be known as Junior Duck Stamps. Makes licensing and marketing proceeds available solely for awards and scholarships to individuals who submit designs, awards to further education activities related to the conservation education goals of the Program, and expenses for licensing and marketing. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the Fish and Wildlife Service, to accept a certain private bequest for the National Fish and Wildlife Foundation for purposes of designing and constructing an environmental education center and refuge headquarters within the John Heinz National Wildlife Refuge.","title":"Junior Duck Stamp Conservation and Design Program Act of 1994","text_len":5733,"sum_len":1184} {"bill_id":"115_hr3496","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Library Innovation Space \nAct''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n Subsection (a) of section 214 of the Museum and Library Services \nAct (20 U.S.C. 9123(a)) is amended--\n (1) in paragraph (1), by striking ``and'' at the end;\n (2) in paragraph (2), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(3) to carry out chapter 5, $10,000,000 for each of \n fiscal years 2018 through 2022.''.\n\nSEC. 3. PUBLIC LIBRARY MAKERSPACE GRANTS.\n\n Subtitle B of title II of the Museum and Library Services Act (20 \nU.S.C. 9101 et seq.) is amended by adding at the end the following:\n\n ``CHAPTER 5--PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM\n\n``SEC. 265. PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM.\n\n ``(a) Program Authorized.--From the amounts provided under section \n214(a)(3), the Director shall carry out a program under which the \nDirector makes grants, on a competitive basis, to eligible partnerships \nto establish makerspaces at public libraries.\n ``(b) Applications.--To be considered for a grant under this \nsection, an eligible partnership shall submit an application to the \nDirector at such time, in such manner, and containing such information \nand assurances as the Director may require.\n ``(c) Selection of Grantees.--In selecting eligible partnerships to \nreceive grants under this section, the Director shall consider--\n ``(1) the viability of the partnership making the \n application;\n ``(2) the ability of the partnership to meet the matching \n requirement described in subsection (d);\n ``(3) the potential of the project to provide social and \n economic benefits to the local community;\n ``(4) the support of local communities, government, and \n partners for the project;\n ``(5) the project's potential for strengthening the \n involvement of diverse and underserved communities in \n entrepreneurship and economic development; and\n ``(6) the ability of the project to continue after the end \n of the grant period.\n ``(d) Matching Requirement.--\n ``(1) In general.--Except as provided in paragraph (2), an \n eligible partnership shall contribute, for the activities for \n which the grant was awarded under this section, non-Federal \n matching funds in an amount equal to the amount of the grant.\n ``(2) Waiver.--The Director may waive the requirement of \n paragraph (1) for any eligible partnership that the Director \n determines does not have adequate resources to meet such \n requirement.\n ``(e) Reports.--Not less frequently than once annually, the \nDirector shall submit to Congress a report that includes--\n ``(1) a description of the activities carried out with \n grants under this section; and\n ``(2) an assessment of the effect of the grant program on \n community economic development.\n ``(f) Treatment of Makerspaces.--The use of a makerspace supported \nby a grant under this section shall not be treated as a private \nbusiness use under section 141(b) of the Internal Revenue Code of 1986.\n ``(g) Prohibition on Construction Activities.--An eligible \npartnership that receives a grant under this section may not use grant \nfunds, or matching funds contributed by the partnership under \nsubsection (d), for construction activities at a public library that \nwould provide extra square footage to house a makerspace.\n ``(h) Definitions.--In this section:\n ``(1) Eligible partnership.--The term `eligible \n partnership' means a partnership that includes a public library \n and--\n ``(A) an economic development corporation;\n ``(B) a local government;\n ``(C) a State government;\n ``(D) an elementary school or secondary school (as \n such terms are defined in section 8101 of the \n Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 7801));\n ``(E) a museum;\n ``(F) an institution of higher education (as such \n term is defined in section 102 of the Higher Education \n Act of 1965 (20 U.S.C. 1002));\n ``(G) a nonprofit organization;\n ``(H) a corporation;\n ``(I) other entities identified by the Director; or\n ``(J) a combination of entities described in any of \n subparagraphs (A) through (I).\n ``(2) Makerspace.--The term `makerspace' means a facility \n (which may be a facility at a fixed location or a mobile unit) \n that is open to the public and provides individuals with access \n to--\n ``(A) tools, technology, and educational resources \n that are designed to enable such individuals to create \n physical goods, including prototypes; and\n ``(B) educational opportunities, including \n vocational training and assistance with early-stage \n business ventures.''.","summary":"Public Library Innovation Space Act This bill requires the National Museum and Library Services Board to carry out a program for making competitive grants to eligible partnerships to establish makerspaces at public libraries. A makerspace is a facility that is open to the public and provides individuals with access to: (1) tools, technology, and educational resources designed to enable such individuals to create physical goods, including prototypes. And (2) educational opportunities, including vocational training and assistance with early-stage business ventures. A partnership must contribute, for the activities for which the grant was awarded, nonfederal matching funds equal to the grant amount. Each eligible partnership that receives a grant may not use its grant funds, or the matching funds contributed by it, for construction activities at a public library that would provide extra square footage to house a makerspace.","title":"Public Library Innovation Space Act","text_len":5355,"sum_len":934} {"bill_id":"111_s3332","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Security Enforcement Act of \n2010''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Rural, high-trafficked areas.--The term ``rural, high-\n trafficked areas'' means rural areas through which drugs and \n undocumented aliens are routinely smuggled, as designated by \n the Commissioner of U.S. Customs and Border Protection.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Homeland Security.\n (3) Tucson sector border.--The term ``Tucson Sector \n border'' means the 262-mile section of international border \n between the United States and Mexico that--\n (A) begins in Yuma County, Arizona; and\n (B) ends at the State boundary line between Arizona \n and New Mexico.\n (4) Yuma sector border.--The term ``Yuma Sector border'' \n means the 110-mile section of international border between the \n United States and Mexico that--\n (A) begins in Pima County, Arizona; and\n (B) ends at the State boundary line between Arizona \n and California.\n\nSEC. 3. PERSONNEL ENHANCEMENTS.\n\n (a) National Guard.--\n (1) Deployment.--In accordance with section 328 of title \n 32, United States Code, the Governor of Arizona, with the \n consent of the Secretary of Defense, may--\n (A) order 3,000 members of the Arizona National \n Guard and other National Guard units to perform Active \n Guard and Reserve duty, by immediately deploying along \n the Tucson Sector border and the Yuma Sector border; \n and\n (B) construct and maintain appropriate surveillance \n platforms to facilitate such deployment.\n (2) Certification.--The deployment described in paragraph \n (1) shall continue until the Governor of Arizona certifies, in \n consultation with State, local, and tribal law enforcement, \n that the Federal Government has achieved operational control of \n the Tucson Sector border and the Yuma Sector border.\n (b) United States Customs and Border Protection.--Not later than \nJanuary 1, 2015, the Secretary shall increase the number of trained \nBorder Patrol agents stationed along the Tucson Sector border and the \nYuma Sector border by 3,000, compared to the number of agents at such \nlocations as of the date of the enactment of this Act. The Secretary \nshall make progress in increasing such number of trained Border Patrol \nagents during each of the years 2010 through 2015.\n (c) Hardship Duty Pay.--In addition to compensation to which Border \nPatrol agents are otherwise entitled, Border Patrol agents who are \nassigned to rural, high-trafficked areas shall be entitled to receive \nhardship duty pay, in an amount determined by the Commissioner, Customs \nand Border Protection, which may not exceed the rate of special pay to \nwhich members of a uniformed service are entitled under section 310 of \ntitle 37, United States Code.\n\nSEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS.\n\n (a) Operation Streamline.--There are authorized to be appropriated \nto the Department of Homeland Security, for each of fiscal years 2010 \nthrough 2020, such sums as may be necessary--\n (1) to fully implement Operation Streamline along the \n Tucson Sector border and the Yuma Sector border; and\n (2) to reimburse State, local, and tribal law enforcement \n for any detention costs related to such implementation.\n (b) Operation Stonegarden.--\n (1) Authorization of appropriations.--There are authorized \n to be appropriated to the Federal Emergency Management Agency, \n for each of the fiscal years 2010 through 2020, $100,000,000, \n which shall be used to enhance law enforcement preparedness and \n operational readiness along the borders of the United States \n through Operation Stonegarden.\n (2) Allocation.--Of the amounts appropriated pursuant to \n paragraph (1), not less than 90 percent shall be allocated for \n grants and reimbursement to law enforcement agencies in the \n States bordering Mexico for personnel, overtime, travel, and \n other costs related to illegal immigration and drug smuggling \n along the international border between the United States and \n Mexico.\n (c) Infrastructure Improvements.--\n (1) Border patrol stations.--The Secretary shall--\n (A) construct additional Border Patrol stations \n along the Tucson Sector border, as needed, to provide \n full operational support in rural, high-trafficked \n areas; and\n (B) analyze the feasibility of creating an \n additional Border Patrol sector in eastern Arizona and \n western New Mexico to interrupt drug trafficking \n operations.\n (2) Forward operating bases.--The Secretary shall enhance \n the security of the Tucson Sector border by--\n (A) establishing at least 6 additional permanent \n forward operating bases for the Border Patrol;\n (B) upgrading the existing forward operating bases \n to include modular buildings, electricity, and potable \n water; and\n (C) ensuring that forward operating bases surveil \n and interdict individuals entering the United States \n unlawfully immediately after such an individual crosses \n the international border into the United States.\n (3) Checkpoints.--The Secretary shall--\n (A) complete the construction of a permanent \n checkpoint near Tubac, Arizona; and\n (B) deploy additional temporary roving checkpoints \n along the Tucson Sector border and the Yuma Sector \n border.\n (4) Border fence.--Section 102(b)(1)(A) of the Illegal \n Immigration Reform and Immigrant Responsibility Act of 1996 (8 \n U.S.C. 1103 note) is amended--\n (A) by inserting ``, not later than December 31, \n 2011,'' after ``shall''; and\n (B) by adding at the end the following: ``The \n Secretary shall construct double- and triple-layer \n fencing at appropriate locations along the Tucson \n Sector border and the Yuma Sector border, as determined \n by the Secretary, after consultation with State, \n tribal, and local law enforcement agencies.''.\n (5) Authorization of appropriations.--There are authorized \n to be appropriated, for each of fiscal years 2010 through 2020, \n such sums as may be necessary to carry out this subsection.\n\nSEC. 5. MOBILE SURVEILLANCE.\n\n (a) Enhancements.--The Commissioner, Customs and Border Protection, \nshall--\n (1) deploy additional mobile surveillance systems and \n unmanned aerial vehicles along the Tucson Sector border and the \n Yuma Sector border as necessary to provide 24-hour operation \n and surveillance;\n (2) operate unmanned aerial vehicles along such borders for \n 24 hours per day and for 7 days per week;\n (3) deploy additional fixed-wing aircraft and helicopters \n along such borders; and\n (4) increase horse patrols along the Tucson Sector border.\n (b) Authorization of Appropriations.--In addition to amounts \notherwise authorized to be appropriated, there are authorized to be \nappropriated to United States Customs and Border Protection $50,000,000 \nto carry out the activities under subsection (a).\n\nSEC. 6. ACCESS TO EMERGENCY PERSONNEL.\n\n (a) Southwest Border Emergency Communications Grants.--\n (1) In general.--The Secretary, in consultation with the \n Governor of Arizona, shall establish a 2-year grant program, to \n be administered by the State of Arizona, to improve emergency \n communications along the Tucson Sector border and the Yuma \n Sector border.\n (2) Eligibility for grants.--An individual is eligible to \n receive a grant under this subsection if the individual \n demonstrates that he or she--\n (A) regularly resides or works near the Tucson \n Sector border or the Yuma Sector border;\n (B) is at greater risk of border violence due to \n the lack of cellular service at his or her residence or \n business and his or her proximity to such border.\n (3) Use of grants.--Grants awarded under this subsection \n may be used to purchase satellite telephone communications \n systems and service that--\n (A) can provide access to 911 service; and\n (B) are equipped with global positioning systems.\n (4) Annual reports.--The Governor of Arizona shall submit \n an annual report to the Secretary on activities carried out \n with grant funds awarded under this subsection during the \n previous year. Each such report shall include a description of \n such activities and an assessment of the effectiveness of such \n activities.\n (5) Authorization of appropriations.--There is authorized \n to be appropriated $3,000,000 to carry out the grant program \n established under this subsection.\n (b) Interoperable Communications for Law Enforcement.--\n (1) Federal law enforcement.--There is authorized to be \n appropriated $35,000,000 to the Department of Justice--\n (A) to purchase P-25 compliant radios, which may \n include a multi-band option, for Federal law \n enforcement agents working in Arizona in support of the \n activities of United States Customs and Border \n Protection and United States Immigration and Customs \n Enforcement, including agents of the Drug Enforcement \n Administration and the Bureau of Alcohol, Tobacco, \n Firearms and Explosives; and\n (B) to upgrade the communications network of the \n Department of Justice to ensure coverage and capacity, \n particularly when immediate access is needed in times \n of crisis, along the Tucson Sector border and the Yuma \n Sector border for appropriate law enforcement personnel \n of the Department of Justice (including the Drug \n Enforcement Administration and the Bureau of Alcohol, \n Tobacco, Firearms and Explosives), the Department of \n Homeland Security (including United States Immigration \n and Customs Enforcement and United States Customs and \n Border Protection), other Federal agencies, the State \n of Arizona, tribes, and local governments.\n (2) State and local law enforcement.--\n (A) Authorization of appropriations.--There is \n authorized to be appropriated $35,000,000 to the \n Department of Justice to purchase P-25 compliant \n radios, which may include a multi-band option, for \n State and local law enforcement agents working in Santa \n Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham \n County in the State of Arizona.\n (B) Access to federal spectrum.--If a State, \n tribal, or local law enforcement agency in Arizona \n experiences an emergency situation that necessitates \n immediate communication with the Department of Justice, \n the Department of Homeland Security, or any of their \n respective subagencies, such law enforcement agency \n shall have access to the spectrum assigned to such \n Federal agency for the duration of such emergency \n situation.\n\nSEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS.\n\n (a) State Criminal Alien Assistance Program.--\n (1) Reimbursement required.--The Attorney General shall \n fully reimburse States and local governments for the costs \n incurred by such governments to incarcerate aliens convicted of \n criminal activity while unlawfully present in the United \n States, in accordance with section 241(i) of the Immigration \n and Nationality Act (8 U.S.C. 1251(i)).\n (2) Authorization of appropriations.--Section 241(i)(5)(C) \n of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) \n is amended by striking ``2011'' and inserting ``2020''.\n (b) Southwest Border Prosecution Initiative.--\n (1) Reimbursement to state and local prosecutors for \n federally initiated criminal cases.--Subject to the \n availability of appropriations, the Attorney General shall \n reimburse State, county, tribal, and municipal governments for \n costs associated with the prosecution and pre-trial detention \n of federally initiated criminal cases declined by local offices \n of the United States Attorneys.\n (2) Authorization of appropriations.--There is authorized \n to be appropriated $50,000,000 for each of the fiscal years \n 2008 through 2020 to carry out paragraph (1).\n\nSEC. 8. MAGISTRATE JUDGE.\n\n The judges of the United States District Court for the District of \nArizona shall appoint 1 full-time magistrate judge, who shall have the \nauthority to hear all cases and controversies in Cochise County, \nArizona.","summary":"Border Security Enforcement Act of 2010 - Authorizes the Governor of Arizona to: (1) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty by immediately deploying along the Tucson Sector border and the Yuma Sector border. And (2) construct and maintain related surveillance platforms. Directs such deployment's continuation until the Governor of Arizona certifies that the federal government has achieved operational control of the Tucson Sector and the Yuma Sector borders. Directs the Secretary of Homeland Security (DHS) to increase, by January 1, 2015, the number of Border Patrol agents stationed along the Tucson Sector and the Yuma Sector borders by 3,000. Authorizes appropriations for: (1) DHS to implement Operation Streamline along the Tucson Sector and the Yuma Sector borders and reimburse state, local, and tribal law enforcement for related detention costs. And (2) the Federal Emergency Management Agency (FEMA) to enhance law enforcement readiness along the US borders through Operation Stonegarden. Directs the Secretary to: (1) make specified enhancements to the Tucson Sector border. (2) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations. (3) construct a permanent checkpoint near Tubac, Arizona, and operate roving checkpoints along the Tucson Sector and the Yuma Sector borders. And (4) establish a two-year grant program, to be administered by Arizona, to improve emergency communications along the Tucson Sector and the Yuma Sector borders. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011. And (2) construct double- and triple-layer fencing at appropriate locations along the Tucson Sector and the Yuma Sector borders. Provides for additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector and the Yuma Sector borders. Authorizes appropriations for: (1) purchases and upgrades of law enforcement communications equipment, (2) the state criminal alien assistance program. And (3) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local US Attorneys' offices.","title":"A bill to implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border of the United States.","text_len":14058,"sum_len":2444} {"bill_id":"110_hr6872","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Presidential Historical Records \nPreservation Act of 2008''.\n\nSEC. 2. GRANT PROGRAM.\n\n Section 2504 of title 44, United States Code, is amended by--\n (1) redesignating subsection (f) as subsection (g);\n (2) amending subsection (g)(1) (as so redesignated by \n paragraph (1))--\n (A) in subparagraph (R), by striking ``and'';\n (B) in subparagraph (S), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(T) $15,000,000 for fiscal year 2010.''; and\n (3) inserting after subsection (e), the following:\n ``(f) Grants for Presidential Centers of Historical Excellence.--\n ``(1) In general.--The Commission shall make grants, on a \n competitive basis and in accordance with this subsection, to \n eligible entities to promote the historical preservation of, \n and public access to, historical records and documents relating \n to any President who does not have a Presidential archival \n depository currently managed and maintained by the Federal \n Government pursuant to section 2112 (commonly known as the \n `Presidential Libraries Act of 1955').\n ``(2) Eligible entity.--For purposes of this subsection, an \n eligible entity is--\n ``(A) an organization described under section \n 501(c)(3) of the Internal Revenue Code of 1986 and \n exempt from taxation under section 501(a) of that Code; \n or\n ``(B) a State or local government of the United \n States.\n ``(3) Use of funds.--Amounts received by an eligible entity \n under paragraph (1) shall be used to promote the historical \n preservation of, and public access to, historical records or \n historical documents relating to any President covered under \n paragraph (1).\n ``(4) Prohibition on use of funds.--Amounts received by an \n eligible entity under paragraph (1) may not be used for the \n maintenance, operating costs, or construction of any facility \n to house the historical records or historical documents \n relating to any President covered under paragraph (1).\n ``(5) Application.--\n ``(A) In general.--An eligible entity seeking a \n grant under this subsection shall submit to the \n Commission an application at such time, in such manner, \n and containing or accompanied by such information as \n the Commission may require, including a description of \n the activities for which a grant under this subsection \n is sought.\n ``(B) Approval of application.--The Commission \n shall not approve a grant application submitted under \n subparagraph (A) unless an eligible entity establishes \n that such entity--\n ``(i) possesses, with respect to any \n President covered under paragraph (1), \n historical works and collections of historical \n sources that the Commission considers \n appropriate for preserving, publishing, or \n otherwise recording at the public expense;\n ``(ii) has appropriate facilities and space \n for preservation of, and public access to, the \n historical works and collections of historical \n sources;\n ``(iii) shall ensure preservation of, and \n public access to, such historical works and \n collections of historical sources at no charge \n to the public;\n ``(iv) has educational programs that make \n the use of such documents part of the mission \n of such entity;\n ``(v) has raised funds from non-Federal \n sources in support of the efforts of the entity \n to promote the historical preservation of, and \n public access to, such historical works and \n collections of historical sources in an amount \n equal to the amount of the grant the entity \n seeks under this subsection;\n ``(vi) shall coordinate with any relevant \n Federal program or activity, including programs \n and activities relating to Presidential \n archival depositories;\n ``(vii) shall coordinate with any relevant \n non-Federal program or activity, including \n programs and activities conducted by State and \n local governments and private educational \n historical entities; and\n ``(viii) has a workable plan for preserving \n and providing public access to such historical \n works and collections of historical sources.''.","summary":"Presidential Historical Records Preservation Act of 2008 - Authorizes appropriations for the National Historical Publications and Records Commission for FY2010. Requires the Commission to make grants to eligible entities on a competitive basis to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a presidential archival depository currently managed and maintained by the federal government pursuant to the Presidential Libraries Act of 1955. Defines eligible entities as specified tax-exempt organizations or state or local governments. Prohibits the use of grants for the maintenance, operating costs, or construction of any facility to house the historical records or documents. Prohibits the Commission from approving a grant application unless an entity establishes that it meets certain requirements, including that it: (1) ensures the preservation of, and access to, such historical works and collections of historical sources at no charge to the public. (2) has educational programs that make the use of such documents part of the entity's mission. And (3) has raised funds from nonfederal sources in support of the entity's efforts to promote such preservation and access.","title":"To amend title 44, United States Code, to authorize grants for Presidential Centers of Historical Excellence.","text_len":5497,"sum_len":1270} {"bill_id":"115_hr5856","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Good Samaritan Charitable \nPhysicians' Services Act of 2018''.\n\nSEC. 2. DEDUCTION FOR QUALIFIED CHARITY CARE.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 199B. QUALIFIED CHARITY CARE.\n\n ``(a) In General.--There shall be allowed as a deduction for the \ntaxable year an amount equal to--\n ``(1) in the case of a direct primary care physician, an \n amount equal to the sum of--\n ``(A) the fee (as published on a publicly available \n website of such physician) for physicians' services \n that are qualified charity care furnished by such \n taxpayer during such year, and\n ``(B) for each visit by a patient to such physician \n during which qualified charity care is furnished, half \n of so much of the lowest subscription fee of such \n physician that is attributable to a month, and\n ``(2) in the case of any other individual, the unreimbursed \n Medicare-based value of qualified charity care furnished by \n such taxpayer during such year.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Unreimbursed medicare-based value.--The term \n `unreimbursed Medicare-based value' means, with respect to \n physicians' services, the amount payable for such services \n under the physician fee schedule established under section 1848 \n of the Social Security Act.\n ``(2) Qualified charity care.--The term `qualified charity \n care' means physicians' services that are furnished--\n ``(A) without expectation of reimbursement, and\n ``(B) to an individual enrolled--\n ``(i) under a State plan under title XIX of \n the Social Security Act (or a waiver of such \n plan), or\n ``(ii) under a State child health plan \n under title XXI of the Social Security Act (or \n a waiver of such plan).\n ``(3) Direct primary care physician.--The term `direct \n primary care physician' means a physician (as defined in \n section 1861(r) of the Social Security Act) who provides \n primary care--\n ``(A) to individuals who have paid a periodic \n subscription fee, and\n ``(B) in exchange for a fee that is published on a \n publicly available website of such physician.\n ``(4) Physicians' services.--The term `physicians' \n services' has the meaning given such term by section 1861(q) of \n the Social Security Act.\n ``(c) Limitation.--The amount allowed as a deduction under \nsubsection (a) for a taxable year shall not exceed the gross receipts \nattributable to physicians' services furnished by the taxpayer during \nthe taxable year.''.\n (b) Clerical Amendment.--The table of sections for part VI of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new item:\n\n``Sec. 199B. Qualified charity care.''.\n\nSEC. 3. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE \n PROFESSIONALS.\n\n (a) In General.--Title II of the Public Health Service Act (42 \nU.S.C. 202 et seq.) is amended by inserting after section 224 the \nfollowing:\n\n``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE \n PROFESSIONALS.\n\n ``(a) Limitation on Liability.--A physician shall not be liable \nunder Federal or State law in any civil action for any harm caused by \nan act or omission of such physician, or attending medical personnel \nsupporting such physician, if such act or omission--\n ``(1) occurs in the course of furnishing qualified charity \n care (as such term is defined in section 199B of the Internal \n Revenue Code of 1986); and\n ``(2) was not grossly negligent.\n ``(b) Preemption.--This section preempts the laws of a State or any \npolitical subdivision of a State to the extent that such laws are \ninconsistent with this section, unless such laws provide greater \nprotection from liability for a defendant.\n ``(c) Definitions.--In this section:\n ``(1) Physician.--The term `physician' has the meaning \n given such term by section 1861(r) of the Social Security Act.\n ``(2) Attending medical personnel.--The term `attending \n medical personnel' means an individual who is licensed to \n directly support a physician in furnishing medical services.''.\n (b) Effective Date.--The amendments made by this section shall \napply to any claim filed to the extent that it is with respect to acts \nor omissions occurring after the date of the enactment of this Act.","summary":"Good Samaritan Charitable Physicians' Services Act of 2018 This bill amends the Internal Revenue Code to allow a tax deduction for direct primary care physicians who provide charity care. The care must be provided without expectation of reimbursement and to an individual enrolled in Medicaid or the Children's Health Insurance Program (CHIP). A direct primary care physician is a physician who provides primary care: (1) to individuals who have paid a periodic subscription fee, and (2) in exchange for a fee that is published on a publicly available website of the physician. The bill also amends the Public Health Service Act to specify that a physician is not liable under federal or state law for harm caused by an act or omission of the physician, or attending medical personnel supporting the physician, if the act or omission: (1) occurs in the course of furnishing charity care, and (2) was not grossly negligent. The bill preempts laws of a state or a political subdivision of the state that are inconsistent with this provision, unless the laws provide greater protection from liability for a defendant.","title":"Good Samaritan Charitable Physicians\u2019 Services Act of 2018","text_len":5022,"sum_len":1114} {"bill_id":"113_s42","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Criminal Antitrust Anti-Retaliation \nAct of 2013''.\n\nSEC. 2. AMENDMENT TO ACPERA.\n\n The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 \n(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after \nsection 215 the following:\n\n``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.\n\n ``(a) Whistleblower Protections for Employees, Contractors, \nSubcontractors, and Agents.--\n ``(1) In general.--No employer may discharge, demote, \n suspend, threaten, harass, or in any other manner discriminate \n against a covered individual in the terms and conditions of \n employment of the covered individual because--\n ``(A) the covered individual provided or caused to \n be provided to the employer or the Federal Government \n information relating to--\n ``(i) any violation of, or any act or \n omission the covered individual reasonably \n believes to be a violation of the antitrust \n laws; or\n ``(ii) any violation of, or any act or \n omission the covered individual reasonably \n believes to be a violation of another criminal \n law committed in conjunction with a potential \n violation of the antitrust laws or in \n conjunction with an investigation by the \n Department of Justice of a potential violation \n of the antitrust laws; or\n ``(B) the covered individual filed, caused to be \n filed, testified, participated in, or otherwise \n assisted an investigation or a proceeding filed or \n about to be filed (with any knowledge of the employer) \n relating to--\n ``(i) any violation of, or any act or \n omission the covered individual reasonably \n believes to be a violation of the antitrust \n laws; or\n ``(ii) any violation of, or any act or \n omission the covered individual reasonably \n believes to be a violation of another criminal \n law committed in conjunction with a potential \n violation of the antitrust laws or in \n conjunction with an investigation by the \n Department of Justice of a potential violation \n of the antitrust laws.\n ``(2) Limitation on protections.--Paragraph (1) shall not \n apply to any covered individual if--\n ``(A) the covered individual planned and initiated \n a violation or attempted violation of the antitrust \n laws;\n ``(B) the covered individual planned and initiated \n a violation or attempted violation of another criminal \n law in conjunction with a violation or attempted \n violation of the antitrust laws; or\n ``(C) the covered individual planned and initiated \n an obstruction or attempted obstruction of an \n investigation by the Department of Justice of a \n violation of the antitrust laws.\n ``(3) Definitions.--In this section:\n ``(A) Antitrust laws.--The term `antitrust laws' \n means section 1 or 3 of the Sherman Act (15 U.S.C. 1, \n 3).\n ``(B) Covered individual.--The term `covered \n individual' means an employee, contractor, \n subcontractor, or agent of an employer.\n ``(C) Employer.--The term `employer' means a \n person, or any officer, employee, contractor, \n subcontractor, or agent of such person.\n ``(D) Person.--The term `person' has the same \n meaning as in subsection (a) of the first section of \n the Clayton Act (15 U.S.C. 12(a)).\n ``(4) Rule of construction.--The term `violation', with \n respect to the antitrust laws, shall not be construed to \n include a civil violation of any law that is not also a \n criminal violation.\n ``(b) Enforcement Action.--\n ``(1) In general.--A covered individual who alleges \n discharge or other discrimination by any employer in violation \n of subsection (a) may seek relief under subsection (c) by--\n ``(A) filing a complaint with the Secretary of \n Labor; or\n ``(B) if the Secretary has not issued a final \n decision within 180 days of the filing of the complaint \n and there is no showing that such delay is due to the \n bad faith of the claimant, bringing an action at law or \n equity for de novo review in the appropriate district \n court of the United States, which shall have \n jurisdiction over such an action without regard to the \n amount in controversy.\n ``(2) Procedure.--\n ``(A) In general.--A complaint filed with the \n Secretary of Labor under paragraph (1)(A) shall be \n governed under the rules and procedures set forth in \n section 42121(b) of title 49, United States Code.\n ``(B) Exception.--Notification made under section \n 42121(b)(1) of title 49, United States Code, shall be \n made to any individual named in the complaint and to \n the employer.\n ``(C) Burdens of proof.--A complaint filed with the \n Secretary of Labor under paragraph (1)(A) shall be \n governed by the legal burdens of proof set forth in \n section 42121(b) of title 49, United States Code.\n ``(D) Statute of limitations.--A complaint under \n paragraph (1)(A) shall be filed with the Secretary of \n Labor not later than 180 days after the date on which \n the violation occurs.\n ``(E) Civil actions to enforce.--If a person fails \n to comply with an order or preliminary order issued by \n the Secretary of Labor pursuant to the procedures in \n section 42121(b), the Secretary of Labor or the person \n on whose behalf the order was issued may bring a civil \n action to enforce the order in the district court of \n the United States for the judicial district in which \n the violation occurred.\n ``(c) Remedies.--\n ``(1) In general.--A covered individual prevailing in any \n action under subsection (b)(1) shall be entitled to all relief \n necessary to make the covered individual whole.\n ``(2) Compensatory damages.--Relief for any action under \n paragraph (1) shall include--\n ``(A) reinstatement with the same seniority status \n that the covered individual would have had, but for the \n discrimination;\n ``(B) the amount of back pay, with interest; and\n ``(C) compensation for any special damages \n sustained as a result of the discrimination including \n litigation costs, expert witness fees, and reasonable \n attorney's fees.\n ``(d) Rights Retained by Whistleblowers.--Nothing in this section \nshall be deemed to diminish the rights, privileges, or remedies of any \ncovered individual under any Federal or State law, or under any \ncollective bargaining agreement.''.\n\n Passed the Senate November 4, 2013.\n\n Attest:\n\n Secretary.\n113th CONGRESS\n\n 1st Session\n\n S. 42\n\n_______________________________________________________________________\n\n AN ACT\n\n To provide anti-retaliation protections for antitrust whistleblowers.","summary":"This measure has not been amended since it was reported to the Senate on October 31, 2013. Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ). Or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition to seek relief: (1) by filing a complaint with the Secretary of Labor. Or (2) if the Secretary has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate US district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.","title":"Criminal Antitrust Anti-Retaliation Act of 2013","text_len":8455,"sum_len":1536} {"bill_id":"114_s2104","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving Medicare Advantage for \nall Medicare Beneficiaries Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) In the IMPACT Act of 2014 (Public Law 113-185), \n Congress recognized the potential effects of socioeconomic \n status and dual eligible populations on the Medicare Advantage \n STARS rating system by requesting the Assistant Secretary of \n Planning and Evaluation in the Department of Health and Human \n Services undertake studies on this population and the Medicare \n program.\n (2) Studies published in the past year have shown the need \n for an interim policy until the comprehensive results of the \n studies undertaken as part of the IMPACT Act of 2014 are \n published. An adjustment for 2016 is necessary while Congress \n continues to work to achieve an appropriate policy for a \n temporary bridge until the results from the studies undertaken \n by the Assistant Secretary of Planning and Evaluation in the \n Department of Health and Human Services under such Act are \n finalized.\n\nSEC. 3. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR CERTAIN MEDICARE \n ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY \n RATINGS.\n\n Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) \nis amended by adding at the end the following new paragraph:\n ``(3) Delay in contract termination authority for certain \n plans failing to achieve minimum quality rating.--\n ``(A) In general.--Subject to subparagraph (B), the \n Secretary may not terminate a contract under this \n section with respect to the offering of an MA plan by a \n Medicare Advantage organization solely because the MA \n plan has failed to achieve a minimum quality rating \n under the 5-star rating system established under \n section 1853(o) during the period beginning on the date \n of the enactment of this paragraph and through the end \n of plan year 2018.\n ``(B) Application only to plans receiving a quality \n rating of at least 2 stars.--Subparagraph (A) shall \n only apply with respect to a contract with respect to \n the offering of an MA plan that has a quality rating \n under section 1853(o)(4) of at least 2 stars for the \n most recent plan year.''.\n\nSEC. 4. DEMONSTRATION PROJECT TO DIRECT QUALITY IMPROVEMENT PROGRAMS TO \n ADDRESS SOCIOECONOMIC STATUS DISPARITIES IN MEDICARE \n ADVANTAGE PLANS.\n\n (a) Establishment.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary'') shall \n establish a demonstration project under this section to provide \n funds to MA organizations offering one or more qualified MA \n plans for use in developing or expanding programs or services \n with respect to such plans that seek to improve health care \n delivery and outcomes of care for enrollees with low \n socioeconomic status.\n (2) Duration.--The demonstration project under this section \n shall be conducted for a period of 1 year beginning in plan \n year 2016.\n (b) Definitions.--In this section:\n (1) MA organization; ma plan.--The terms ``MA \n organization'' and ``MA plan'' have the meaning given such \n terms in subsections (a)(1) and (b)(1), respectively, of \n section 1859 of the Social Security Act (42 U.S.C. 1395w-28).\n (2) Qualified ma plan.--\n (A) The term ``qualified MA plan'' means an MA plan \n described in subparagraph (B) or (C).\n (B) An MA plan is described in this subparagraph if \n the MA plan meets each of the following criteria:\n (i) The plan has a quality rating under \n section 1853(o)(4) of the Social Security Act \n (42 U.S.C. 1395w-23(o)(4)) of at least 3.25 \n stars but not more than 4 stars for the most \n recent plan year.\n (ii) Not less than 45 percent of enrollees \n in the plan are one or both of the following:\n (I) Eligible for a low income \n subsidy under section 1860D-14 of such \n Act (42 U.S.C. 1395w-114).\n (II) Dually eligible for benefits \n under the Medicare program under title \n XVIII of such Act (42 U.S.C. 1395 et \n seq.) and the Medicaid program under \n title XIX of such Act (42 U.S.C. 1396 \n et seq.).\n (C) An MA plan is described in this subparagraph if \n the MA plan meets each of the following criteria:\n (i) The plan has a quality rating under \n section 1853(o)(4) of the Social Security Act \n (42 U.S.C. 1395w-23(o)(4)) of at least 3.0 \n stars but not more than 4 stars for the most \n recent plan year.\n (ii) Not less than 60 percent of enrollees \n in the plan are one or both of the following:\n (I) Eligible for a low income \n subsidy under section 1860D-14 of such \n Act (42 U.S.C. 1395w-114).\n (II) Dually eligible for benefits \n under the Medicare program under title \n XVIII of such Act (42 U.S.C. 1395 et \n seq.) and the Medicaid program under \n title XIX of such Act (42 U.S.C. 1396 \n et seq.).\n (c) Use of Funds.--\n (1) In general.--Subject to paragraph (2), funds received \n under the demonstration project by an MA organization with \n respect to a qualified MA plan shall be used under the Quality \n Improvement Program of the organization under section 1852(e) \n of the Social Security Act (42 U.S.C. 1395w-22(e)) to target \n improvement by the qualified MA plan with respect to two or \n more triple-weighted measures under the 5-star rating system \n under section 1853(o)(4) of such Act (42 U.S.C. 1395w-\n 23(o)(4)).\n (2) Focus on outcome measure.--\n (A) In general.--Except as provided in subparagraph \n (B), at least one of the measures targeted under \n paragraph (1) shall be an outcome measure.\n (B) Exception.--An MA organization may apply to the \n Secretary for an exception to subparagraph (A) in order \n to focus on only process measures under this \n subsection.\n (d) Inclusion in Annual Quality Improvement Program Report.--An MA \norganization receiving funds under the demonstration project shall \ninclude, as part of the annual report to the Secretary on the Quality \nImprovement Program of the organization under such section 1852(e) for \neach year of the demonstration project, with respect to each qualified \nMA plan offered by the organization, the results of the targeting of \nplan improvement on measures under subsection (c) during the preceding \nyear.\n (e) Funding.--\n (1) In general.--For purposes of carrying out the \n demonstration project under this section, subject to paragraph \n (2), the Secretary shall provide for the transfer from the \n Federal Hospital Insurance Trust Fund under section 1817 of the \n Social Security Act (42 U.S.C. 1395i) and the Federal \n Supplementary Medical Insurance Trust Fund under section 1841 \n of such Act (42 U.S.C. 1395t), in such proportion as the \n Secretary determines appropriate, of an amount equal to the \n amount the Secretary determines is equal to the estimated total \n savings to the Medicare program as a result of the \n implementation of the amendment made by section 2 to the \n Centers for Medicare & Medicaid Services Program Management \n Account.\n (2) Administration.--The Secretary may retain up to 10 \n percent of the funds transferred under paragraph (1) to \n administer the demonstration project under this section and the \n remainder of such funds shall be distributed in accordance with \n this section to MA organizations offering qualified MA plans \n based on the enrollment in such plans of individuals described \n in each of subclauses (I) and (II) of subsections (b)(2)(B)(ii) \n and (b)(2)(C)(ii).\n (3) Availability.--Amounts transferred under paragraph (1) \n shall remain available until expended.","summary":"Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) temporarily prohibit the Centers for Medicare amp. Medicaid from terminating a Medicare Advantage (MA) plan contract solely because the MA plan fails to achieve a certain minimum quality rating, provided that the MA plan achieves a quality rating of at least two out of five stars. And (2) establish a demonstration project to provide funds to MA organizations for the development or expansion of programs or services to improve health care delivery and outcomes for enrollees of low socioeconomic status. To qualify for demonstration project funding, an MA plan must meet specified requirements with respect to quality ratings and the percentage of plan enrollees either eligible for a low-income subsidy or dually eligible for Medicare and Medicaid. MA organizations receiving funds under the demonstration project must use those funds to target improvement by the MA plan with respect to certain quality rating measures.","title":"Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015","text_len":9425,"sum_len":1071} {"bill_id":"107_s2026","text":"SECTION 1. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS \n FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET \n UNION.\n\n (a) Purpose.--The purpose of this section is to authorize the use \nof Cooperative Threat Reduction funds for proliferation threat \nreduction projects and activities outside the former Soviet Union in \norder to resolve critical emerging proliferation threats and to take \nadvantage of opportunities to achieve long-standing United States \nnonproliferation goals.\n (b) Cooperative Threat Reduction Programs and Funds.--For purposes \nof this section:\n (1) Cooperative Threat Reduction programs are--\n (A) the programs specified in section 1501(b) of \n the National Defense Authorization Act for Fiscal Year \n 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. \n 2362 note); and\n (B) any other similar programs, as designated by \n the Secretary, to address critical emerging \n proliferation threats in the states of the former \n Soviet Union that jeopardize United States national \n security.\n (2) Cooperative Threat Reduction funds, for a fiscal year, \n are the funds authorized to be appropriated for Cooperative \n Threat Reduction programs for that fiscal year.\n (c) Authorization of Use of CTR Funds for Threat Reduction \nActivities Outside the Former Soviet Union.--(1) Notwithstanding any \nother provision of law and subject to the succeeding provisions of this \nsection, the Secretary of Defense may obligate and expend Cooperative \nThreat Reduction funds for a fiscal year before fiscal year 2003 that \nremain available for obligation as of the date of the enactment of this \nAct for proliferation threat reduction projects and activities outside \nthe states of the former Soviet Union if the Secretary determines that \nsuch projects and activities will--\n (A) assist the United States in the resolution of critical \n emerging proliferation threats; or\n (B) permit the United States to take advantage of \n opportunities to achieve long-standing United States \n nonproliferation goals.\n (2) The amount that may be obligated under paragraph (1) for \nprojects and activities described in that paragraph may not exceed \n$50,000,000.\n (d) Authorized Uses of Funds.--The authority under subsection (c) \nto obligate and expend Cooperative Threat Reduction funds for a project \nor activity includes authority to provide equipment, goods, and \nservices for the project or activity, but does not include authority to \nprovide cash directly to the project or activity.\n (e) Source and Replacement of Funds Used.--(1) The Secretary shall, \nto the maximum extent practicable, ensure that funds for projects and \nactivities under subsection (c) are derived from funds that would \notherwise be obligated for a range of Cooperative Threat Reduction \nprograms, so that no particular Cooperative Threat Reduction program is \nthe exclusive or predominate source of funds for such projects and \nactivities.\n (2) If the Secretary obligates Cooperative Threat Reduction funds \nunder subsection (c) in a fiscal year, the first budget of the \nPresident that is submitted under section 1105(a) of title 31, United \nStates Code, after such fiscal year shall set forth, in addition to any \nother amounts requested for Cooperative Threat Reduction programs in \nthe fiscal year covered by such budget, a request for Cooperative \nThreat Reduction funds in the fiscal year covered by such budget in an \namount equal to the amount so obligated. The request shall also set \nforth the Cooperative Threat Reduction program or programs for which \nsuch funds would otherwise have been obligated, but for obligation \nunder subsection (c).\n (3) Amounts authorized to be appropriated pursuant to a request \nunder paragraph (2) shall be available only for the Cooperative Threat \nReduction program or programs set forth in the request under the second \nsentence of that paragraph.\n (f) Limitation on Obligation of Funds.--Except as provided in \nsubsection (g), the Secretary may not obligate and expend Cooperative \nThreat Reduction funds for a project or activity under subsection (c) \nuntil 30 days after the date on which the Secretary submits to Congress \na report on the purpose for which the funds will be obligated and \nexpended, and the amount of the funds to be obligated and expended.\n (g) Exception.--(1) The Secretary may obligate and expend \nCooperative Threat Reduction funds for a project or activity under \nsubsection (c) without regard to subsection (f) if the Secretary \ndetermines that a critical emerging proliferation threat warrants \nimmediate obligation and expenditure of such funds.\n (2) Not later than 72 hours after first obligating funds for a \nproject or activity under paragraph (1), the Secretary shall submit to \nthe appropriate congressional officials a report containing a detailed \njustification for the obligation of funds. The report on a project or \nactivity shall include the following:\n (A) A description of the critical emerging proliferation \n threat to be addressed, or the long-standing United States \n nonproliferation goal to be achieved, by the project or \n activity.\n (B) A description of the agreement, if any, under which the \n funds will be used, including whether or not the agreement \n provides that the funds will not be used for purposes contrary \n to the national security interests of the United States.\n (C) A description of the contracting process, if any, that \n will be used in the implementation of the project or activity.\n (D) An analysis of the effect of the obligation of funds \n for the project or activity on ongoing Cooperative Threat \n Reduction programs.\n (E) An analysis of the need for additional or follow-up \n threat reduction assistance, including whether or not the need \n for such assistance justifies the establishment of a new \n cooperative threat reduction program or programs to account for \n such assistance.\n (F) A description of the mechanisms to be used by the \n Secretary to assure that proper audits and examinations of the \n project or activity are carried out.\n (3) In this subsection, the term ``appropriate congressional \nofficials'' means--\n (A) the Speaker of the House of Representatives;\n (B) the President pro tempore of the Senate;\n (C) the Chairmen and Ranking Members of the Committees on \n Armed Services of the Senate and House of Representatives;\n (D) the Chairmen and Ranking Members of the Committees on \n Appropriations of the Senate and House of Representatives;\n (E) the Chairman and Ranking Member of the Committee on \n Foreign Relations of the Senate;\n (F) the Chairman and Ranking Member of the Committee on \n International Relations of the House of Representatives;\n (G) the Chairman and Vice Chairman of the Select Committee \n on Intelligence of the Senate; and\n (H) the Chairman and Vice Chairman of the Permanent Select \n Committee on Intelligence of the House of Representatives.\n (h) Report on Establishment of New Cooperative Threat Reduction \nPrograms.--(1) If the Secretary employs the authority in subsection (c) \nin two consecutive fiscal years, the Secretary shall submit to Congress \na report on the advisability of establishing one or more new \ncooperative threat reduction programs to account for projects and \nactivities funded using such authority.\n (2) The report required by paragraph (1) shall be submitted along \nwith the budget justification materials in support of the Department of \nDefense budget (as submitted with the budget of the President under \nsection 1105(a) of title 31, United States Code) in the first budget \nsubmitted after the end of the two consecutive fiscal years referred to \nin that paragraph.","summary":"Authorizes the Secretary of Defense to expend up to $50 million for a fiscal year in Cooperative Threat Reduction funds to prevent proliferation of nuclear, chemical and other weapons outside the former Soviet Union, where allocation of such funds is currently limited to. Specifies that such expenditures may occur if determined that certain projects or activities will assist the United States in dealing with critical emerging proliferation threats or in achieving long-standing nonproliferation goals. Determines that such funds may go only to equipment, goods and services and cannot be spent directly on a project or activity. Directs the President to include in a given year's budget a request for funds distributed under the Act during the last fiscal year with a description of what projects would otherwise have been funded. Sets a time frame for the Secretary to inform Congress of what funds will be used for. Contains a provision for emergency distribution of funds to meet a critical emerging proliferation threat or a nonproliferation goal that requires such allocation. Requires the Secretary to report to Congress on the advisability of establishing one or more new cooperative threat reduction programs to account for projects or activities for which emergency distribution of funds were distributed under the Act or that were funded under the Act two years in a row.","title":"A bill to authorize the use of Cooperative Threat Reduction funds for projects and activities to address proliferation threats outside the states of the former Soviet Union, and for other purposes.","text_len":8240,"sum_len":1385} {"bill_id":"107_s1414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Parent and Teacher Achievement Act \nof 2001''.\n\nSEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.\n\n (a) Amendments.--Title II of the Elementary and Secondary Education \nAct of 1965 (20 U.S.C. 6601 et seq.) is amended--\n (1) by redesignating part E as part F;\n (2) by redesignating sections 2401 and 2402 as sections \n 2501 and 2502, respectively; and\n (3) by inserting after part D the following:\n\n ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY\n\n``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.\n\n ``(a) State Awards.--From funds made available under subsection (b) \nfor a fiscal year, the Secretary shall make an award to each State \nthat--\n ``(1) administers a test to each elementary school and \n secondary school teacher in the State, with respect to the \n subjects taught by the teacher, every 3 to 5 years;\n ``(2) has an elementary school and secondary school teacher \n compensation system that is based on merit; and\n ``(3) requires elementary school and secondary school \n teachers to earn continuing education credits as part of a \n State recertification process.\n ``(b) Available Funding.--Notwithstanding any other provision of \nlaw, the amount of funds that are available to carry out this section \nfor a fiscal year is 50 percent of the amount of funds appropriated to \ncarry out this title that are in excess of the amount so appropriated \nfor fiscal year 2001, except that no funds shall be available to carry \nout this section for any fiscal year for which--\n ``(1) the amount appropriated to carry out this title \n exceeds $600,000,000; or\n ``(2) each of the several States is eligible to receive an \n award under this section.\n ``(c) Award Amount.--A State shall receive an award under this \nsection in an amount that bears the same relation to the total amount \navailable for awards under this section for a fiscal year as the number \nof States that are eligible to receive such an award for the fiscal \nyear bears to the total number of all States so eligible for the fiscal \nyear.\n ``(d) Use of Funds.--Funds provided under this section may be used \nby States to carry out the activities described in section 2207.\n ``(e) Definition of State.--In this section, the term `State' means \neach of the 50 States and the District of Columbia.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on October 1, 2001.\n\nSEC. 3. TEACHER TESTING AND MERIT PAY.\n\n (a) In General.--Notwithstanding any other provision of law, a \nState may use Federal education funds--\n (1) to carry out a test of each elementary school or \n secondary school teacher in the State with respect to the \n subjects taught by the teacher; or\n (2) to establish a merit pay program for the teachers.\n (b) Definitions.--In this section, the terms ``elementary school'' \nand ``secondary school'' have the meanings given the terms in section \n14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n8801).\n\nSEC. 4. NONREFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL \n EXPENSES.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25B the \nfollowing new section:\n\n``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to the qualified elementary and \nsecondary education expenses (within the meaning of section 530(b)(4)) \nwith respect to one or more qualifying students which are paid or \nincurred by the individual during such taxable year.\n ``(b) Limitations.--\n ``(1) Maximum credit.--The credit allowed by subsection (a) \n for any taxable year shall not exceed $1000 per qualifying \n student.\n ``(2) Maximum tuition expenses.--The tuition expenses which \n may be taken into account in determining qualified elementary \n and secondary education expenses for any taxable year shall not \n exceed $500 per qualifying student.\n ``(c) Qualifying Student.--For purposes of this section, the term \n`qualifying student' means a dependent (within the meaning of section \n152) or a relative of the taxpayer who is enrolled in school (as \ndefined in section 530(b)(4)(B)) on a full-time basis. For purposes of \nthe preceding sentence, the term `relative' means an individual bearing \na relationship to the taxpayer which is described in any of paragraphs \n(1) through (8) of section 152(a).\n ``(d) Denial of Double Benefit.--No deduction or exclusion shall be \nallowed under this chapter for any expense for which credit is allowed \nunder this section.\n ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Conforming Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 25B the \nfollowing new item:\n\n ``Sec. 25C. Credit for elementary and \n secondary school expenses.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n\nSEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND \n SECONDARY SCHOOLS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits) is \namended by adding at the end the following new section:\n\n``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND \n SECONDARY SCHOOLS.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to 75 percent of the qualified charitable contributions of the \ntaxpayer for the taxable year.\n ``(b) Maximum Credit.--\n ``(1) Individuals.--In the case of a taxpayer other than a \n corporation, the credit allowed by subsection (a) for any \n taxable year shall not exceed $500 ($1,000 in the case of a \n joint return).\n ``(2) Corporations.--In the case of a corporation, the \n credit allowed by subsection (a) shall not exceed $100,000.\n ``(c) Qualified Charitable Contribution.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified charitable \n contribution' means, with respect to any taxable year, the \n aggregate amount allowable as a deduction under section 170 \n (determined without regard to subsection (d)(1)) for cash \n contributions to a school tuition organization.\n ``(2) School tuition organization.--\n ``(A) In general.--The term `school tuition \n organization' means any organization which--\n ``(i) is described in section 170(c)(2),\n ``(ii) allocates at least 90 percent of its \n gross income and contributions and gifts to \n elementary and secondary school scholarships, \n and\n ``(iii) awards scholarships to any student \n who is eligible for free or reduced cost lunch \n under the school program established under the \n Richard B. Russell National School Lunch Act.\n ``(B) Elementary and secondary school \n scholarship.--The term `elementary and secondary school \n scholarship' means any scholarship excludable from \n gross income under section 117 for expenses related to \n education at or below the 12th grade.\n ``(d) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this chapter for any contribution for which \n credit is allowed under this section.\n ``(2) Application with other credits.--The credit allowable \n under subsection (a) for any taxable year shall not exceed the \n excess (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(3) Controlled groups.--All persons who are treated as \n one employer under subsection (a) or (b) of section 52 shall be \n treated as 1 taxpayer for purposes of this section.\n ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Conforming Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n ``Sec. 30B. Credit for contributions for \n the benefit of elementary and \n secondary schools.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n\nSEC. 6. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE \n CLASSROOM MATERIALS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits), as \namended by section 4(a), is amended by adding at the end the following \nnew section:\n\n``SEC. 30C. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO \n PROVIDE CLASSROOM MATERIALS.\n\n ``(a) Allowance of Credit.--In the case of an eligible educator, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for the taxable year an amount equal to the qualified \nelementary and secondary education expenses which are paid or incurred \nby the taxpayer during such taxable year.\n ``(b) Maximum Credit.--The credit allowed by subsection (a) for any \ntaxable year shall not exceed $1,000.\n ``(c) Definitions.--\n ``(1) Eligible educator.--The term `eligible educator' \n means an individual who is a teacher, instructor, counselor, \n principal, or aide in a school (as defined in section \n 530(b)(4)(B)) for at least 900 hours during a school year.\n ``(2) Qualified elementary and secondary education \n expenses.--The term `qualified elementary and secondary \n education expenses' means expenses for books, supplies (other \n than nonathletic supplies for courses of instruction in health \n or physical education), computer equipment (including related \n software and services) and other equipment, and supplementary \n materials used by an eligible educator in the classroom.\n ``(d) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this chapter for any expense for which credit is \n allowed under this section.\n ``(2) Application with other credits.--The credit allowable \n under subsection (a) for any taxable year shall not exceed the \n excess (if any) of--\n ``(A) the regular tax for the taxable year, reduced \n by the sum of the credits allowable under subpart A and \n the preceding sections of this subpart, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.''.\n (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986, as amended by section 4(b), is amended by adding at the end the \nfollowing new item:\n\n ``Sec. 30C. Credit to elementary and \n secondary school teachers who \n provide classroom materials.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n\nSEC. 7. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT \n PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND \n SECONDARY SCHOOL TEACHERS.\n\n (a) In General.--Section 62(a)(2) of the Internal Revenue Code of \n1986 (relating to certain trade and business deductions of employees) \nis amended by adding at the end the following:\n ``(D) Professional development expenses of \n elementary and secondary school teachers.--The \n deductions allowed by section 162 which consist of \n expenses, not in excess of $1,500, paid or incurred by \n an eligible educator (as defined section 30C(c)(1)) by \n reason of the participation of the educator in \n professional development courses which are related to \n the curriculum and academic subjects in which the \n educator provides instruction or to the students for \n which the educator provides instruction and which are \n part of a program of professional development which is \n approved and certified by the appropriate local \n educational agency (as defined by section 14101 of the \n Elementary and Secondary Education Act of 1965, as in \n effect on the date of the enactment of this \n subparagraph).''.\n (b) Special Rules.--Section 62 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following:\n ``(d) Special Rules.--A deduction shall be allowed under subsection \n(a)(2)(D) for expenses only to the extent the amount of such expenses \nexceeds the amount excludable under section 135, 529(c)(1), or \n530(d)(2) for the taxable year.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Parent and Teacher Achievement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program for State incentives for teacher testing and merit pay. Directs the Secretary of Education to make an award of such program funds to each State that: (1) administers a test to each elementary and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years. (2) has school teacher compensation system that is based on merit. And (3) requires school teachers to earn continuing education credits as part of a State recertification process. Allows States, regardless of any other Federal law, to use Federal education funds to: (1) test elementary or secondary school teachers in the subjects they teach. Or (2) establish a merit pay program for such teachers. Amends the Internal Revenue Act to provide certain tax credits for: (1) elementary and secondary school expenses, (2) contributions for the benefit of elementary and secondary schools. And (3) elementary and secondary school teachers who provide classroom materials. Allows elementary and secondary school teachers to take a tax deduction for certain professional development expenses.","title":"A bill to provide incentives for States to establish and administer periodic testing and merit pay programs for elementary school and secondary school teachers, and for other purposes.","text_len":14728,"sum_len":1226} {"bill_id":"103_hr4178","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Credit Cost Reduction Act of \n1994''.\n\nSEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND \n GUARANTEED LOANS.\n\n Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of \n1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and \ninserting ``including''.\n\nSEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL \n BUDGET SUBMISSION.\n\n Section 1105(a) of title 31, United States Code, is amended by \nadding at the end the following new paragraphs:\n ``(29) a separate listing of administrative costs for \n direct loans and loan guarantees computed on a cash accounting \n basis for any such loans and guarantees originating before \n enactment of this paragraph.\n ``(30) an appendix setting forth on a cash accounting basis \n the administrative costs of all loans and loan guarantees by \n program, by agency, and for the Government.''.\n\nSEC. 4. FEDERAL CREDIT SUBSIDY RATES.\n\n (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit \nReform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the \nfollowing new paragraph:\n ``(10) The term `subsidy rate' for a fiscal year means--\n ``(A) in the case of a direct loan, the cost of all \n loans made for a covered program during that year \n divided by the total direct loan obligations for that \n same covered program; and\n ``(B) in the case of a loan guarantee commitment, \n the cost of all loan guarantees incurred for a covered \n program during that year divided by the total amount of \n the loan guarantee commitments for that same covered \n program.''.\n (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of \n1990 is amended by adding at the end the following new section:\n\n``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES.\n\n ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate \nfor each covered program for a fiscal year is the following: 40 percent \nfor fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for \nfiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for \nfiscal year 1999.\n ``(b) Covered Programs.--The covered programs to which subsection \n(a) applies are the credit reform program accounts covered by the \nFederal Credit Reform Act of 1990.\n ``(c) Estimates.--The subsidy rates for a fiscal year shall be \ndetermined on the basis of estimates made by the Director of the \nCongressional Budget Office.''.\n (2) Section 1(b) of the Congressional Budget and Impoundment \nControl Act of 1974 is amended by inserting after the item relating to \nsection 507 the following new item:\n\n``Sec. 508. Maximum Federal credit subsidy rates.''.\n (c) Point of Order.--Section 301 of the Congressional Budget Act of \n1974 is amended by adding at the end the following new subsection:\n ``(j) It shall not be in order in the House of Representatives or \nthe Senate to consider any concurrent resolution on the budget for any \nfiscal year that would allow the maximum permissible subsidy rate (as \nset forth in section 508) for any covered program for that fiscal year \nto be breached.''.\n (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional \nBudget Act of 1974 is amended by striking ``and'' at the end of clause \n(ii), by striking the comma and inserting ``; and'' at the end of \nclause (iii), and by inserting after clause (iii) the following new \nclause:\n ``(iv) total credit authority (that does \n not cause the maximum permissible subsidy rate \n (as set forth in section 508) for any covered \n program to be breached);''.\n (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is \namended by striking ``and'' at the end of subparagraph (B), by \ninserting ``and'' at the end of subparagraph (C), and by inserting \nafter subparagraph (C) the following new subparagraph:\n ``(D) total credit authority (that does not cause \n the maximum permissible subsidy rate (as set forth in \n section 508) for any program to be breached);''.\n (e) Contents of Budget Resolutions.--Section 301(a) of the \nCongressional Budget Act of 1974 is amended by striking ``and'' at the \nend of paragraph (6), by striking the period and inserting ``; and'' at \nthe end of paragraph (7), and by inserting after paragraph (7) the \nfollowing new paragraph:\n ``(8) for purposes of enforcement of section 508, the total \n credit authority for each covered program, but which total \n shall not cause the maximum permissible subsidy rate (as set \n forth in that section) for that program to be breached.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act and the amendments made by it shall apply with respect to \nfiscal years beginning after the date of enactment of this Act.","summary":"Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs in the estimated long-term costs to the Government of direct loans and loan guarantees. Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government. Establishes maximum permissible subsidy rates for each credit reform program account. Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999.","title":"Federal Credit Cost Reduction Act of 1994","text_len":5135,"sum_len":624} {"bill_id":"106_hr3384","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy and Climate Policy Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) although there are significant uncertainties \n surrounding the science of climate change, human activities may \n contribute to increasing global concentrations of greenhouse \n gases in the atmosphere, which in turn may ultimately \n contribute to global climate change beyond that resulting from \n natural variability;\n (2) the characteristics of greenhouse gases and the \n physical nature of the climate system require that any \n stabilization of atmospheric greenhouse gas concentrations must \n be a long-term effort undertaken on a global basis;\n (3) since developing countries will constitute the major \n source of greenhouse gas emissions early in the 21st century, \n all nations must share in an effective international response \n to potential climate change;\n (4) environmental progress and economic prosperity are \n interrelated;\n (5) effective greenhouse gas management efforts depend on \n the development of long-term, cost-effective technologies and \n practices that can be developed, refined, and deployed \n commercially in an orderly manner in the United States and \n around the world;\n (6) in its present form as signed by the Administration, \n the Kyoto Protocol to the United Nations Framework Convention \n on Climate Change fails to meet the minimum conditions of \n Senate Resolution 98, 105th Congress, which was adopted by the \n Senate on July 25, 1997, by a vote of 95-0;\n (7) the President has not submitted the Kyoto protocol to \n the Senate for debate and advice and consent to ratification \n under article II, section 2, clause 2 of the United States \n Constitution and has indicated that the Administration has no \n intention to do so in the foreseeable future, or to implement \n any portion of the Kyoto protocol prior to its ratification in \n the Senate.\n (b) Purpose.--The purpose of this Act is to strengthen provisions \nof the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.) to--\n (1) further promote voluntary efforts to reduce or avoid \n greenhouse gas emissions and improve energy efficiency; and\n (2) focus Department of Energy efforts in this area.\n\nSEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.\n\n Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is \namended--\n (1) in the section heading, by striking ``DIRECTOR OF \n CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE \n CHANGE''; and\n (2) by striking the first sentence and inserting the \n following:\n ``(a) Establishment.--There is established by this Act in the \nDepartment of Energy an Office of Global Climate Change.\n ``(b) Function.--The Office shall serve as a focal point for \ncoordinating for the Secretary and Congress all departmental issues and \npolicies regarding climate change and related matters.\n ``(c) Director.--The Secretary shall appoint a director of the \nOffice, who--\n ``(1) shall be compensated at no less than level IV of the \n Executive Schedule;\n ``(2) shall report to the Secretary; and\n ``(3) at the request of the Committees of the Senate and \n House of Representatives with appropriation and legislative \n jurisdiction over programs and activities of the Department of \n Energy, shall report to Congress on the activities of the \n Office.'';\n (3) in the second sentence, by striking ``The Director'' \n and inserting the following:\n ``(d) Duties.--The Director''; and\n (4) in subsection (c) (as designated by paragraph (2)), by \n striking paragraphs (2) and (3) and inserting the following:\n ``(2) participate, in cooperation with other federal \n agencies, in the development and monitoring of domestic and \n international policies for their effects on any kind of climate \n change globally and domestically and on the generation, \n reduction, avoidance, and sequestration of greenhouse gases;\n ``(3) develop and implement a balanced, scientifically \n sound, nonadvocacy educational and informative public awareness \n program on--\n ``(A) potential global climate change, including \n any known adverse and beneficial effects on the United \n States and the economy of the United States and the \n world economy, taking into consideration whether those \n effects are known or expected to be temporary, long-\n term, or permanent; and\n ``(B) voluntary means and measures to mitigate or \n minimize significant adverse effects and, where \n appropriate, to adapt, to the greatest extent \n practicable, to climate change;\n ``(4) provide, consistent with applicable provisions of law \n (including section 1605 (b)(3)), public assess to all \n information on climate change, effects of climate change, and \n adaptation to climate change;\n ``(5) promote and cooperate in the research, development, \n demonstration, and diffusion of environmentally sound, cost-\n effective and commercially practicable technologies, practices \n and processes that avoid, sequester, control, or reduce \n anthropogenic emissions of greenhouse gases not controlled by \n the Montreal Protocol for all relevant economic sectors, \n including, where appropriate, the transfer of environmentally \n sound, cost-effective and commercially practicable \n technologies, practices, and processes developed with Federal \n funds by the Department of Energy or any of its facilities and \n laboratories to interested persons in the United States and to \n developing country Parties to the United Nations Framework \n Convention on Climate Change, and Parties thereto with \n economies in transition to market-based economies, consistent \n with, and subject to, any applicable Federal law, including \n patent and intellectual property laws, and any applicable \n contracts, and taking into consideration the provisions and \n purposes of section 1608; and\n ``(6) have the authority to participate in the planning \n activities of relevant Department of Energy programs.''.\n\nSEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES.\n\n (a) Updating.--Section 1605 of the Energy Policy Act of 1992 (42 \nU.S.C. 13385) is amended--\n (1) by amending the second sentence of subsection (a) to \n read as follows--\n ``The Administrator of the Energy Information \n Administration shall annually update and analyze such \n inventory using available data, including beginning in \n calendar year 2001, information collected as a result \n of voluntary reporting under subsection (b). The \n inventory shall identify for calendar year 2001 and \n thereafter the amount of emissions reductions \n attributed to those reported under subsection (b).'';\n (2) by amending subsection (b)(1)(B) and (C) to read as \n follows--\n ``(B) annual reductions or avoidance of greenhouse gas \n emissions and sequestration and carbon fixation achieved \n through any measures, including agricultural activities, \n cogeneration, appliance efficiency, energy efficiency, forestry \n activities that increase carbon sequestration stocks (including \n the use of forest products), fuel switching, management of \n grasslands and drylands, manufacture or use of vehicles with \n reduced greenhouse gas emissions, methane recovery, ocean \n seeding, use of renewable energy, chlorofluorocarbon capture \n and replacement, and power plant heat rate improvement; and\n ``(C) reductions in, or avoidance of, greenhouse gas \n emissions achieved as a result of voluntary activities \n domestically, or internationally, plant or facility closings, \n and State or Federal requirements.'';\n (3) by striking in the first sentence of subsection (b)(2) \n the word ``entities'' and inserting ``persons or entities'' and \n in the second sentence of such subsection, by inserting after \n ``Persons'' the words ``or entities'';\n (4) by inserting in the second sentence of subsection \n (b)(4) the words ``persons or'' before ``entity''; and\n (5) by adding after subsection (b)(4) the following new \n paragraphs--\n ``(5) Recognition of voluntary reductions or avoided emissions of \ngreenhouse gases.--In order to encourage and facilitate new and \nincreased voluntary efforts on a continuing basis, particularly by \npersons and entities in the private sector, to reduce global emissions \nof greenhouse gases, including voluntary efforts to limit, control, \nsequester, and avoid such emissions, the Secretary shall promptly \ndevelop and establish, after an opportunity for public comment of at \nleast 60 days, a program of giving annual public recognition, beginning \nnot later than January 31, 2001, to all reporting persons and entities \ndemonstrating, pursuant to the voluntary collections and reporting \nguidelines issued under this section, voluntarily achieved greenhouse \ngases reductions, including such information reported prior to the \nenactment of this paragraph. Such recognition shall be based on the \ninformation certified, subject to 18 U.S.C. 1001, by such persons or \nentities for accuracy as provided in paragraph 2 of this subsection. At \na minimum such recognition shall annually be published in the Federal \nRegister.\n ``(6) Changes in guidelines to improve accuracy and reliability.--\nThe Secretary of Energy, through the Administrator of the Energy \nInformation Administration, shall conduct a review, which shall include \nan opportunity for public comment, of what, if any, changes should be \nmade to the guidelines established under this section regarding the \naccuracy and reliability of greenhouse gas reductions and related \ninformation reported under this section. Any such review shall give \nconsiderable weight to the voluntary nature of this section and to the \npurpose of encouraging voluntary greenhouse gas emission reductions by \nthe private sector. Changes to be reviewed shall include the need for, \nand the appropriateness of--\n ``(A) a random or other verification process using the \n authorities available to the Administrator under other \n provisions of law;\n ``(B) a range of reference cases for reporting of project-\n based activities in sectors, including, but not limited to, the \n measures specified in subparagraph (1)(B) of this subsection, \n and the inclusion of benchmark and default methodologies for \n use in the reference cases for `greenfield' projects; and\n ``(C) provisions to address the possibility of reporting, \n inadvertently or otherwise, of some or all of the same \n greenhouse gas emissions reductions by more than one reporting \n entity or person and to make corrections where necessary.\n The review should consider the costs and benefits of any such \nchanges, the impacts on encouraging participation in this section, \nincluding by farmers and small businesses, and the need to avoid \ncreating undue economic advantages or disadvantages for persons or \nentities of the private sector. The review should provide, where \nappropriate, a range of reasonable options that are consistent with the \nvoluntary nature of this section and that will help further the \npurposes of this section. The review should be available in draft form \nfor public comment at least 45 days before it is submitted to the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Commerce of the House of Representatives. Such submittal \nshould be made by December 31, 2000. If the Secretary, in consultation \nwith the Administrator, finds, based on the study results, that such \nchanges are likely to be beneficial and cost effective in improving the \naccuracy and reliability of reported greenhouse gas reductions and \nrelated information, are consistent with the voluntary nature of this \nsection, and furthers the purposes of this section, the Secretary shall \npropose and promulgate, consistent with such finding, such guidelines, \ntogether with such findings. In carrying out the provisions of this \nparagraph, the Secretary shall consult with the Secretary of \nAgriculture and the Administrator of the Small Business Administration \nto facilitate greater participation by small business and farmers in \nthis subsection for the purpose of addressing greenhouse gas emission \nreductions and reporting such reductions.''.\n (6) in subsection (c), by inserting ``the Secretary of the \n Department of Agriculture, the Secretary of the Department of \n Commerce, the Administrator of the Energy Information \n Administration, and'' before ``the Administrator''.\n (b) Guidelines.--The Secretary shall revise, after opportunity for \npublic comment, the guidelines issued under section 1605(b) of the \nEnergy Policy Act of 1992 to reflect the amendments made to such \nsection 1605(b) by subsection (a)(2) through (4) of this section not \nlater than 18 months after the date of enactment of this Act. Such \nrevised guidelines shall specify their effective date.\n (c) Effective Date.--The provisions of subsection (a) (5) and (6) \nof this section shall be effective on the date of enactment of this \nAct.\n\nSEC. 5. DEFINITIONS.\n\n For the purpose of this Act and the provisions of the Energy Policy \nAct of 1992 (42 U.S.C. 13381, et seq.) amended by this Act, the \nfollowing terms are defined as follows:\n ``(1) Agricultural activity.--The term `agricultural \n activity' means livestock production, cropland cultivation, \n biogas recovery and nutrient management.\n ``(2) Climate change.--The term `climate change' means a \n change of climate which is attributed directly or indirectly to \n human activity which is in addition to natural climate \n variability observed over comparable time periods.\n ``(3) Climate system.--The term `climate system' means the \n totality of the atmosphere, hydrosphere, biosphere and \n geosphere and their interactions.\n ``(4) Greenhouse gases.--The term `greenhouse gases' means \n those gaseous constituents of the atmosphere, both natural and \nanthropogenic, that absorb and re-emit infrared radiation.\n ``(5) Greenhouse gas reduction.--The term `greenhouse gas \n reduction' means 1 metric ton of greenhouse gas (expressed in \n terms of carbon dioxide equivalent) that is voluntarily \n certified to have been achieved under section 1605 of the \n Energy Policy Act of 1992 (42 U.S.C. 13385).\n ``(6) Greenhouse gas sequestration.--The term `greenhouse \n gas sequestration' means extracting one or more greenhouse \n gases from the atmosphere or an emissions stream through a \n technological process designed to extract and isolate those \n gases from the atmosphere or an emissions stream; or the \n natural process of photosynthesis that extracts carbon dioxide \n from the atmosphere and stores it as carbon in trees, roots, \n stems, soils, foliage, and durable wood products.\n ``(7) Forest products.--The term `forest products' means \n all products or goods manufactured from trees.\n ``(8) Forestry activity.--\n ``(A) In general.--The term `forestry activity' \n means any ownership or management action that has a \n discernible impact on the use and productivity of \n forests.\n ``(B) Inclusions.--Forestry activities include, but \n are not limited to, the establishment of trees on an \n area not previously forested, the establishment of \n trees on an area previously forested if a net carbon \n benefit can be demonstrated, enhanced forest management \n (e.g., thinning, stand improvement, fire protection, \n weed control, nutrient application, pest management, \n other silvicultural practices), forest protection or \n conservation if a net carbon benefit can be \n demonstrated, and biomass energy (using wood, grass or \n other biomass in lieu of fossil fuel).\n ``(C) Exclusions.--The term `forest activity' does \n not include a land use change associated with--\n ``(i) an act of war; or\n ``(ii) an act of nature, including floods, \n storms, earthquakes, fires, hurricanes, and \n tornadoes.\n ``(9) Management of grasslands and drylands.--The term \n `management of grasslands and drylands' means seeding, \n cultivation, and nutrient management.\n ``(10) Ocean seeding.--The term `ocean seeding' means \n adding nutrients to oceans to enhance the biological fixation \n of carbon dioxide.''.","summary":"Revises requirements governing a national inventory and voluntary reporting of greenhouse gases. Instructs the Secretary of Energy to: (1) implement a program of giving annual public recognition in the Federal Register to persons and entities demonstrating voluntarily achieved greenhouse gas reductions. And (2) conduct a review of possible changes to the guidelines to improve the accuracy and reliability of greenhouse gas emission reductions.","title":"Energy and Climate Policy Act of 1999","text_len":17959,"sum_len":446} {"bill_id":"107_s1960","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biobased Energy Incentive Act of \n2002''.\n\nSEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS.\n\n The Biomass Research and Development Act of 2000 (7 U.S.C. 7624 \nnote; Public Law 106-224) is amended--\n (1) by redesignating section 310 as section 311; and\n (2) by inserting after section 309 the following:\n\n``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS.\n\n ``(a) Definitions.--In this section:\n ``(1) Biobased energy product.--The term `biobased energy \n product' means biodiesel or ethanol fuel.\n ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl \n ester that meets the requirements of ASTM D6751.\n ``(3) Eligible commodity.--The term `eligible commodity' \n means wheat, corn, grain sorghum, barley, oats, rice, soybeans, \n sunflower seed, rapeseed, canola, safflower, flaxseed, mustard, \n crambe, sesame seed, cottonseed, and cellulosic commodities \n (such as hybrid poplars and switch grass).\n ``(4) Eligible producer.--The term `eligible producer' \n means a producer that--\n ``(A) uses an eligible commodity to produce a \n biobased energy product; and\n ``(B) enters into a contract with the Secretary \n under subsection (b)(2).\n ``(5) New producer.--The term `new producer' means an \n eligible producer that has not used an eligible commodity to \n produce a biobased energy product during the preceding fiscal \n year.\n ``(b) Biobased Energy Incentive Program.--\n ``(1) Establishment.--The Secretary shall establish a \n biobased energy incentive program under which the Secretary \n shall make payments to eligible producers to promote the use of \n eligible commodities to produce biobased energy products.\n ``(2) Contracts.--\n ``(A) In general.--To be eligible to receive a \n payment, an eligible producer shall enter into a \n contract with the Secretary under which the producer \n shall agree to increase the use of eligible commodities \n to produce biobased energy products during 1 or more \n fiscal years.\n ``(B) Quarterly payments.--Under a contract--\n ``(i) the eligible producer shall agree to \n increase the use of eligible commodities to \n produce biobased energy products during each \n fiscal year covered by the contract; and\n ``(ii) the Secretary shall make payments to \n the eligible producer for each quarter of the \n fiscal year.\n ``(3) Amount.--Subject to paragraphs (6) through (8), the \n amount of a payment made to an eligible producer for a fiscal \n year under this subsection shall be determined by multiplying--\n ``(A) the payment quantity for the fiscal year \n determined under paragraph (4); by\n ``(B) the payment rate determined under paragraph \n (5).\n ``(4) Payment quantity.--\n ``(A) In general.--Subject to subparagraph (B), the \n payment quantity for payments made to an eligible \n producer for a fiscal year under this subsection shall \n equal the difference between--\n ``(i) the quantity of eligible commodities \n that the eligible producer agrees to use, under \n the contract entered into with the Secretary, \n to produce biobased energy products during the \n fiscal year; and\n ``(ii) the quantity of eligible commodities \n that the eligible producer used to produce \n biobased energy products during the preceding \n fiscal year.\n ``(B) New producers.--The payment quantity for \n payments made to a new producer for the first fiscal \n year of a contract under this subsection shall equal 25 \n percent of the quantity of eligible commodities that \n the eligible producer uses to produce biobased energy \n products during the fiscal year.\n ``(5) Payment rate.--\n ``(A) In general.--Subject to subparagraph (B), the \n payment rate for payments made to an eligible producer \n under this subsection for the use of an eligible \n commodity shall be determined by the Secretary to \n compensate the eligible producer for the local value \n of--\n ``(i) in the case of corn, 1 bushel of corn \n for each 3 bushels of additional corn that is \n used to produce a biobased energy product; and\n ``(ii) in the case of each other eligible \n commodity, an equivalent quantity determined by \n the Secretary.\n ``(B) Small-scale producers.--The payment rate for \n payments made to an eligible producer that has an \n annual capacity of less than 60,000,000 gallons of \n biobased energy products shall be at least 25 percent \n higher than the payment rate for other eligible \n producers, as determined by the Secretary.\n ``(6) Proration.--If the amount made available for a fiscal \n year under subsection (d)(2)(A) is insufficient to allow the \n payment of the amount of the payments that eligible producers \n (that apply for the payments) otherwise would have a right to \n receive under this subsection, the Secretary shall prorate the \n amount of the funds among all such eligible producers.\n ``(7) Overpayments.--If the total amount of payments that \n an eligible producer receives for a fiscal year under this \n section exceeds the amount the eligible producer should have \n received under this subsection, the producer shall repay the \n amount of the overpayment to the Secretary, plus interest (as \n determined by the Secretary).\n ``(8) Limitation.--No eligible producer shall receive more \n than 7 percent of the total amount made available for a fiscal \n year under subsection (d)(2)(A).\n ``(9) Recordkeeping and monitoring.--To be eligible to \n receive a payment under this subsection, an eligible producer \n shall--\n ``(A) maintain for at least 3 years records \n relating to the production of biobased energy products; \n and\n ``(B) make the records available to the Secretary \n to verify eligibility for the payments.\n ``(10) Other requirements.--To be eligible to receive a \n payment under this subsection, an eligible producer shall meet \n other requirements of Federal law (including regulations) \n applicable to the production of biodiesel or ethanol fuel.\n ``(c) Availability of Biobased Energy Products.--The Secretary \nshall establish a program to encourage wider availability of biobased \nenergy products to consumers of gasoline and diesel fuels.\n ``(d) Funding.--\n ``(1) In general.--Subject to paragraph (2), the Secretary \n shall use the funds, facilities, and authorities of the \n Commodity Credit Corporation to carry out this section.\n ``(2) Fiscal year limitations.--The amount of funds of the \n Commodity Credit Corporation used to carry out this section \n shall not exceed--\n ``(A) in the case of subsection (b), $150,000,000 \n for fiscal year 2003 and each subsequent fiscal year; \n and\n ``(B) in the case of subsection (c), $10,000,000 \n for fiscal year 2003 and each subsequent fiscal \n year.''.","summary":"Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products. And (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel.","title":"A bill to amend the Biomass Research and Development Act of 2000 to encourage production of biobased energy products, and for other purposes.","text_len":8384,"sum_len":413} {"bill_id":"113_hr3707","text":"SECTION 1. STATEMENT OF U.S. POLICY.\n\n It shall be the policy of the United States to--\n (1) take all necessary and appropriate steps in accordance \n with international agreements to support the commitments of the \n United States to ensure the physical security and protection of \n Camp Liberty\/Hurriya residents, members of the opposition \n Mujahedeen e-Khalq (MEK), in accordance with the United States \n Embassy Statement on Transfer of Security Responsibility for \n Camp Ashraf of December 28, 2008;\n (2) assist the United Nations High Commissioner for \n Refugees in ensuring the rapid and orderly resettlement of all \n residents of Camp Liberty\/Hurriya to safe locations outside of \n Iraq; and\n (3) permit the admission as refugees of the residents of \n Camp Liberty\/Hurriya to the United States, who express a desire \n for such resettlement.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The United States recognized the residents of the \n former Camp Ashraf who now reside in Camp Liberty\/Hurriya as \n ``protected persons'' under the Fourth Geneva Convention and \n committed itself to protect the residents until their final \n disposition.\n (2) The United States expects the Government of Iraq to \n continue this commitment of protection of the residents of Camp \n Liberty\/Hurriya, as reflected in the United States Embassy \n Statement on Transfer of Security Responsibility for Camp \n Ashraf of December 28, 2008.\n (3) The residents of the former Camp Ashraf, who now reside \n in Camp Liberty\/Hurriya, renounced violence and unilaterally \n disarmed more than a decade ago.\n (4) Dozens of residents of Camp Liberty\/Hurriya were \n permanent residents or political refugees in the United States.\n (5) Camp Liberty\/Hurriya residents have provided valuable \n intelligence to the international community concerning efforts \n by the Government of Iran to establish a nuclear weapons \n capability and to supply the terrorist groups in Iraq with \n Improvised Explosive Devices (IEDs).\n (6) Camp Liberty\/Hurriya residents share the desire of the \n United States in seeing the establishment of a peaceful, \n democratic, non-nuclear government in Iran with full rights for \n women and religious and ethnic minorities.\n (7) The residents of Camp Liberty\/Hurriya are cooperating \n in the framework of an agreement between the United Nations and \n the Government of Iraq to transfer the residents out of Iraq.\n (8) Despite Iraq's acceptance of the U.S. commitment to \n protect Camp Ashraf residents, the unarmed residents have been \n attacked five times in 2009, 2011, and 2013 during their \n residence in the former Camp Ashraf and Camp Liberty\/Hurriya by \n external persons and organizations, including Iraqi security \n forces, killing more than 100 residents and wounding 1,000 \n others.\n (9) Iraqi security forces are permanently stationed all \n around Camp Liberty\/Hurriya, despite their history of violence \n against the unarmed residents, while all Liberty\/Hurriya \n residents are kept inside the Camp's walled compound, with no \n freedom of movement for the residents outside the Camp and no \n access to counsel, family, NGOs, and press.\n\nSEC. 3. ACTIONS TO PROTECT IRANIAN DISSIDENTS LIVING IN CAMP LIBERTY\/\n HURRIYA.\n\n (1) The United States shall take all necessary and \n appropriate steps to ensure the safety of the residents of Camp \n Liberty\/Hurriya.\n (2) The United States shall provide all necessary and \n appropriate assistance to the United Nations High Commissioner \n for Refugees to process applications by the residents of Camp \n Liberty\/Hurriya for refugee status and to secure their orderly \n resettlement in safe locations outside of Iraq, including in \n the United States for any such residents who express such a \n desire.\n (3) The United States shall timely admit as refugees the \n residents of Camp Liberty\/Hurriya in the U.S. and in doing so \n shall not delay or bar such resettlement merely because any \n such resident is or has been a member of, or supports or has \n supported, organizations or groups that were subject to the \n Secretary of State's decision of September 21, 2012, in Public \n Notice 8049, notwithstanding Sec. Sec. 212(a)(3)(B) and \n 212(a)(3)(F) of the Immigration and Nationality Act of 1965, as \n amended.\n (4) Within 90 days of the effective date of this Act, the \n Secretary of State and the Secretary of the Department of \n Homeland Security shall report to the Congress on steps taken \n by the United States to guard the safety of the residents of \n Camp Liberty\/Hurriya and to secure their orderly resettlement \n in safe locations in accordance with the provisions of this \n Act.","summary":"Directs the United States to: (1) take all necessary and appropriate steps to ensure the safety of the residents of Camp LibertyHurriya in Iraq. (2) provide all necessary and appropriate assistance to the United Nations (U. N.) High Commissioner for Refugees to process refugee applications by the residents of Camp LibertyHurriya and to secure their safe resettlement outside of Iraq. And (3) admit the residents of Camp LibertyHurriya as refugees in the United States and not delay or bar such resettlement because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012. Directs the Secretary and the Secretary of the Department of Homeland Security (DHS) to report to Congress on US efforts to guard the safety of Camp LibertyHurriya residents and secure their orderly resettlement.","title":"To ensure the emergency protection of Iranian dissidents living in Camp Liberty\/Hurriya and to provide for their admission as refugees to the United States.","text_len":5295,"sum_len":907} {"bill_id":"106_hr3151","text":"SECTION 1. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND.\n\n (a) Expenditures Beginning October 1, 1999.--Notwithstanding any \nother law, beginning on October 1, 1999, the Secretary of Energy may \nexpend amounts collected under subsections (c) and (d) of section 1802 \nof the Atomic Energy Act of 1954 (42 U.S.C. section 2297g-1 (c), (d)) \nfor the purposes set forth in subsections (b) and (c) of section 1803 \nof such Act (42 U.S.C. 2297g-2 (b), (c)) without further appropriation \nand without fiscal year limitation.\n (b) Expenditures Beginning October 1, 2008.--Notwithstanding any \nother law, beginning October 1, 2008, the Secretary of Energy may \nexpend amounts in the fund established by section 1801 of the Atomic \nEnergy Act of 1954 (42 U.S.C. 2297g) for the purposes set forth in \nsubsections (b) and (c) of section 1803 of such Act (42 U.S.C. section \n2297g-1 (c), (d)) without further appropriation and without fiscal year \nlimitation but subject to limitations that may be included in \nappropriations Acts.\n\nSEC. 2. ALLOCATION OF FUNDS.\n\n (a) In General.--The funds referred to in section 1 shall be \nallocated to each decontamination and decommissioning program of the 3 \ngaseous diffusion plants in, Portsmouth, Ohio, Paducah, Kentucky, and \nOak Ridge, Tennessee, proportional to the total number of Separative \nWork Units processed at each such site. Such units shall be calculated \nas of the date of enactment of this Act. The Secretary of Energy shall \nreport the allocation to Congress within 60 days of such date of \nenactment.\n (b) Advance Notification of Termination of Lease.--Upon receiving \nadvance notification that the United States Enrichment Corporation, or \nits affiliates, is terminating all or part of its lease with the \nDepartment of Energy at the gaseous diffusion plant at Portsmouth, \nOhio, or Paducah, Kentucky, the Department of Energy shall notify local \nand State officials, the congressional delegation, employee \nrepresentatives, and community reuse organizations (if any).\n (c) Decontamination and Decommissioning Program.--If such a lease \nis terminated, in whole or in part, the Department of Energy shall, \nwithin 60 days, make a determination whether it will lease the facility \ninvolved in the lease to a successor entity, operate the facility as a \ngovernment enterprise, operate the facility on standby, or close all or \npart of the operations of the facility. In the event that the \nDepartment of Energy determines that it will no longer operate or lease \nall or part of a gaseous diffusion plant, the Department of Energy \nshall immediately initiate a decontamination and decommissioning \nprogram. Within 30 days of such decision, the Department of Energy \nshall immediately commence all required environmental reviews, \nincluding compliance with the National Environmental Policy Act of \n1969.\n (d) Report.--The Secretary of Energy shall transmit to Congress a \ndecontamination and decommissioning program for the Portsmouth, Ohio \nand Paducah, Kentucky, gaseous diffusion plants no later than 180 days \nafter the date a decision has been made to close all or part of one of \nthe gaseous diffusion plants.\n\nSEC. 3. PORTSMOUTH AND PADUCAH OPERATIONS OFFICE.\n\n (a) In General.--The Department of Energy shall establish, not \nlater than March 30, 2000, a Portsmouth and Paducah Operations Office. \nThe office shall manage the environmental restoration, nuclear energy, \nand uranium enrichment program activities at such 2 sites. The office \nshall be provided with budget authority and contracting authority over \nexisting contracts and authority to award new contracts. The office \nshall manage and direct, among other projects, the depleted uranium \nhexafluoride conversion program and decontamination and decommissioning \nprogram. The office shall also have its own capacity to perform \nenvironmental, safety, health, and financal oversight.\n (b) Plan.--The Department shall submit, not later than 60 days \nafter the date of enactment of this Act, a plan for establishing the \nPortsmouth and Paducah Operations Office. The plan shall describe \nactions required to transfer functions from the Oak Ridge Operations \nOffice to the Portsmouth and Paducah Operations Office. The plan shall \noutline the personnel transfers, full-time equivalent requirements, \nbudget requirements, physical space requirements, and identify the \nsource of funds to accomplish the transfer of personnel, documents, and \nsupport systems. The plan shall include the provision for legal counsel \nand chief financial officer and describe the reporting relationships to \nthe Headquarters Program Office. The plan shall detail which Operations \nOffice functions shall be located at the Portsmouth Plant Area Office \nversus the Paducah Plant Area Office.\n (c) President's Budget.--The President's Budget request for fiscal \nyear 2001 and for each fiscal year thereafter shall include funding for \nthe Portsmouth and Paducah Operations Office as a separate line item \nfrom the Oak Ridge Operations Office budget.\n\nSEC. 4. CLOSURE OF GASEOUS DIFFUSION PLANT.\n\n The Department of Energy shall minimize the social and economic \nimpacts of any decisions related to the closure of all or part of a \ngaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky. As \npart of this effort, all contracts and subcontracts for safe shutdown, \ndeactivation, decontamination, and decommissioning work at \nsuch Department of Energy's gaseous diffusion plants shall include \nrequirements that--\n (1) consistent with site seniority practices, contractors \n and subcontractors of all tiers directly provide a continuing \n right of first refusal for available work to gaseous diffusion \n plant employees and Department of Energy contractor employees \n who were employed on the date of enactment of this Act and are \n displaced or facing displacement and are qualified or can \n qualify with a reasonable amount of training;\n (2) contractors and subcontractors provide requisite \n training and retraining for incumbent employees not to exceed \n $10,000 per worker, excluding wages and time spent in training;\n (3) pay wages and benefits not less than wages and fringes \n provided under the Service Contract Act of 1965, and provide \n pension and retiree health care benefit continuity using the \n Multiple Employer Pension Plan now in place at the Portsmouth, \n Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee sites or an \n equivalent instrument;\n (4) comply with the workforce restructuring plan \n promulgated by the Department of Energy pursuant to section \n 3161 of the National Defense Authorization Act for Fiscal Year \n 1993 (42 U.S.C. 7274h); and\n (5) suits alleging violations of this section may be \n brought in any district court of the United States having \n jurisdiction over the parties, without regard to the amount in \n controversy or citizenship of the parties.","summary":"Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site. Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE). Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants. Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities. Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget. Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants.","title":"To provide funding for the Portsmouth and Paducah, Tennessee, gaseous diffusion plants.","text_len":7116,"sum_len":1215} {"bill_id":"103_hr3163","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Debt Collection Act Amendments of \n1993''.\n\nSEC. 2. IMPROVED DEBT COLLECTION PRACTICES.\n\n (a) Use of Collection Agencies.--Section 3718(a) of title 31, \nUnited States Code, is amended by striking ``Under conditions'' and all \nthat follows through ``make'' and inserting ``The head of an executive \nor legislative agency shall make''.\n (b) Salary Offset.--Subsection (a)(1) of section 5514 of title 5, \nUnited States Code, is amended by striking ``may be collected'' and \ninserting ``shall be collected''.\n (c) Disclosure to Consumer Reporting Agencies.--Subsection (f)(1) \nof section 3711 of title 31, United States Code, is amended by striking \n``may disclose'' and inserting ``shall disclose''.\n (d) Administrative Offsets.--Subsection (a) of section 3716 of \ntitle 31, United States Code, is amended by striking ``may'' the first \nplace it appears and inserting ``shall''.\n (e) Report to the Internal Revenue Service of Debts Paid in Full.--\nSubchapter II of chapter 37 of title 31, United States Code, is amended \nby adding at the end the following new section:\n``Sec. 3720B. Report to the Internal Revenue Service of Debts Paid in \n Full\n ``The head of a Federal agency shall report any debt that has been \npaid in full to the Internal Revenue Service promptly after the agency \nhas determined that the debt has been paid in full.''.\n (f) Disclosure by Internal Revenue Service of Address \nInformation.--Section 6103(m)(2)(A) of the Internal Revenue Code of \n1986 is amended by inserting before the period ``, or any other law \ngranting a Federal agency the authority to collect or compromise a \nFederal claim against the taxpayer.''.\n (g) Audits and Report of Audit.--\n (1) Audits of federal agencies.--The Comptroller General of \n the United States shall annually conduct audits of each Federal \n agency to determine--\n (A) the amount of debt owed to the agency;\n (B) the amount of debt owed to the agency that is \n delinquent; and\n (C) any action taken by the agency to recover the \n delinquent debt.\n (2) Reports to congress.--The Comptroller General shall \n submit annually to the Congress a report containing the \n information obtained through the audits prepared pursuant to \n paragraph (1).\n (h) Extension of Pilot Debt Collection Project.--\n (1) Extension of pilot project.--Section 5 of Public Law \n 99-578 (31 U.S.C. 3718 note) is repealed.\n (2) Additional reporting requirements.--Section 3718(c) of \n title 31, United States Code, is amended--\n (A) in paragraph (2), by striking ``and'' at the \n end thereof; and\n (B) in paragraph (3)--\n (i) in subparagraph (C), by striking the \n period and adding at the end ``; and''; and\n (ii) by adding after subparagraph (C) the \n following new subparagraph:\n ``(D) the total cost of the pilot program \n established by Public Law 99-578 (100 Stat. 3305) as \n well as the total amount of debt recovered under that \n pilot program.''.\n (3) Use of recovered funds to reduce budget deficit.--\n Section 3718 of title 31, United States Code, is amended by \n adding at the end the following new subsection:\n ``(g) Except as provided by subsection (d), any amount recovered \nthrough a contract entered into under subsection (b) shall be used to \nreduce the budget deficit of the United States.''.\n Notwithstanding the preceding sentence, a percentage (which is \n hereafter specified by law) of the amount recovered through \n such a contract shall be paid to the agency on whose behalf \n such amount was recovered for use by such agency in collecting \n indebtedness owed to such agency.\n\nSEC. 3. IMPROVED LOAN ORIGINATION PROCEDURES.\n\n (a) Improved Prescreening Procedures.--\n (1) Chapter 97 of title 31, United States Code, is amended \n by adding at the end the following new section:\n``Sec. 9704. Improved prescreening procedures\n ``The head of a Federal agency may not make a loan to a loan \napplicant until the applicant has been prescreened to determine if the \napplicant is creditworthy. The determination of creditworthiness shall \ninclude an evaluation of the ability and willingness of the applicant \nto repay the debt, the agency's level of acceptable risk, other agency \nor Federal Government obligations that could jeopardize or be \njeopardized by the loan under consideration, and the existence of other \ndebts owed by the loan applicant to the Federal Government, including a \ntax delinquent account with the Internal Revenue Service.''.\n (2) Section 6103(m)(2)(A) of the Internal Revenue Code of \n 1986 is amended by striking ``the Secretary may'' and inserting \n ``the Secretary shall''.\n (b) Denial of Credit to Applicants With Delinquent Debts.--Chapter \n97 of title 31, United States Code, as amended by subsection (a), is \nfurther amended by adding at the end the following new section:\n``Sec. 9705. Denial of credit to applicants with delinquent debts\n ``The head of a Federal agency may not make a loan to a loan \napplicant who owes a delinquent debt to the Federal Government, \nincluding the Internal Revenue Service.''.\n\nSEC. 4. USE OF ADMINISTRATIVE CHARGES TO IMPROVE CREDIT MANAGEMENT \n TECHNIQUES.\n\n Section 3717 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n ``(i) The Secretary shall deposit in a special fund any amounts \nreceived by a Federal agency to cover the cost of processing and \nhandling delinquent claims under subsection (e). The Secretary shall, \nwithout further appropriation and upon request by the agency, disburse \nmoney from such fund to the agency solely for the use of improving \ncredit management techniques, except that the access of each agency to \nfunds in the special account shall be limited to the amount that the \nagency received to cover the cost of processing and handling delinquent \nclaims under subsection (e).''.\n\nSEC. 5. TECHNICAL AMENDMENTS.\n\n (a) Chapter 37 Amendments.--The table of sections at the beginning \nof chapter 37 of title 31, United States Code, is amended by inserting \nafter the item relating to section 3720A the following new item:\n\n``3720B. Report to the Internal Revenue Service of debts paid in \n full.''.\n (b) Chapter 97 Amendments.--The table of sections at the beginning \nof chapter 97 of title 31, United States Code, is amended by adding at \nthe end the following new items:\n\n``9704. Improved prescreening procedures.\n``9705. Denial of credit to applicants with delinquent debts.''.","summary":"Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency to: (1) contract with a collection service to recover indebtedness owed to the United States, (2) collect such indebtedness from Federal employees in installment deductions. (3) disclose certain information to a consumer reporting agency when trying to collect a claim. And (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency, (2) the amount that is delinquent. And (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques.","title":"Debt Collection Act Amendments of 1993","text_len":7038,"sum_len":1932} {"bill_id":"113_hr3311","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Provide Access and Retain Continuity \nAct'' or the ``PARC Act''.\n\nSEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND \n PROGRAMS.\n\n (a) In General.--As soon as practical after the date of the \nenactment of this Act, the Secretary of the Interior (hereafter in this \nAct referred to as the ``Secretary'') shall enter into agreements with \nStates that submit an agreement that is approved under subsection (c) \nor (f) to provide for those States to conduct activities described in \nsection 3. Not later than 90 days after funds are made available to the \nSecretary, the Secretary shall reimburse States for eligible activities \nconducted by that State under an agreement entered into under this Act.\n (b) Petition for Agreement.--Beginning 30 days after the date of \nthe enactment of this Act, a State may submit to the Secretary a \npetition to enter into an agreement with the Secretary for purposes of \nconducting activities described in section 3.\n (c) Determination.--The Secretary shall approve or deny a petition \n(including a corrected petition that is resubmitted) submitted under \nthis section not later than 90 days after the date on which the \nSecretary receives the petition.\n (d) Denial of Petition.--The Secretary shall approve a petition \nsubmitted under subsection (b) if the Secretary determines that--\n (1) the petition is complete;\n (2) the proposed agreement submitted with the petition \n contains all of the terms required under subsection (g); or\n (3) the petition is from a State that had a previous \n agreement terminated and the Secretary determines that the \n reasons for that termination warrant denial of the new (or \n corrected) petition.\n (e) Opportunity To Amend Petition.--\n (1) Notice of denial.--If the Secretary denies a petition \n under subsection (b), the Secretary shall provide to the State \n that submitted such petition written notice of the denial. Such \n written notice shall include--\n (A) a clear and comprehensive statement of the \n reasons why the petition was denied; and\n (B) a clear and comprehensive description of any \n deficiencies in the petition or the related proposed \n agreement.\n (2) Resubmission of corrected petition.--After receiving a \n notice from the Secretary under paragraph (1), a State may \n amend and resubmit the denied petition.\n (f) Petition and Agreement Deemed Approved.--If the Secretary does \nnot approve or deny a petition submitted under subsection (b) or (e)(2) \nwithin 90 days after receiving the petition, the petition and the \nproposed agreement submitted with the petition shall be deemed \napproved.\n (g) Petition Contents.--A petition submitted under subsection (b) \nshall include--\n (1) a letter signed by the Governor of the State submitting \n such petition addressed to the Secretary that contains a \n description of the eligible activities that the State seeks to \n conduct;\n (2) the proposed agreement that is the subject of the \n petition;\n (3) documentation that demonstrates the ability of the \n State to conduct the eligible activities;\n (4) a statement that the State shall indemnify and hold the \n United States harmless for any action of negligence or gross \n negligence on the part of the State while conducting an \n eligible activity; and\n (5) any other documentation that the Secretary may require.\n\nSEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT.\n\n The Secretary of the Interior shall reimburse States for non-\nFederal funds expended for activities that meet all of the following \ncriteria:\n (1) The activity was conducted under a memorandum of \n understanding entered into under section 2.\n (2) The activity was conducted during a time when the \n Federal Government was not conducting that activity due to the \n partial shutdown of the Federal Government that was the result \n of a lapse in appropriations.\n (3) The activity was necessary to operate one or more \n facilities or programs that the Secretary and the State have \n agreed, under the memorandum of understanding entered into \n under section 2, to have a direct economic impact on tourism, \n mining, timber, or general transportation in the State.\n (4) The activity was conducted in a manner and at a level \n not substantially greater in scope or cost than how the \n activity would have been conducted by the Federal Government.\n (5) The activity is not a settlement of or defense against \n a claim of liability on the part of the State.\n\nSEC. 4. WAIVER OF SOVEREIGN IMMUNITY.\n\n If any State brings an action in any court of the United States or \nany State court relating only and directly to enforcement of section 3 \nand names the United States as a party, any claim by the United States \nto sovereign immunity from the action is waived, but only for the \nlimited and sole purpose of reimbursement to a State for non-Federal \nfunds expended by or on behalf of that State for activities that meet \nall of the criteria listed in section 3.","summary":"Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations. Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.","title":"PARC Act","text_len":5459,"sum_len":660} {"bill_id":"107_hr341","text":"SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL \n AGENCIES.\n\n Title XII of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 8501 et seq.) is amended--\n (1) by inserting after the title heading the following:\n\n ``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994'';\n\n (2) by striking ``title'' each place such term appears and \n inserting ``part''; and\n (3) by adding at the end the following:\n\n``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT \n HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT\n\n``SEC. 12020. PURPOSE.\n\n ``The purpose of the part is to award grants for school \nconstruction to local educational agencies that have taken steps to \nimprove teacher quality and raise student achievement.\n\n``SEC. 12021. PROGRAM AUTHORIZED.\n\n ``The Secretary is authorized to award grants to local educational \nagencies that satisfy the conditions in section 12022 to enable such \nagencies to carry out school construction.\n\n``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS.\n\n ``(a) In General.--In order to receive a grant under this part, a \nlocal educational agency shall have submitted to the Secretary (at such \ntime and in such manner as the Secretary may require) an application \nestablishing the following:\n ``(1) The percentage of children eligible for free and \n reduced priced lunches under the National School Lunch Act \n under the jurisdiction of the agency equals or exceeds 65 \n percent.\n ``(2) It has taken significant steps to ensure that all \n students are taught by fully qualified teachers.\n ``(3) It does not use teachers certified on an emergency \n basis.\n ``(4) It does not use social promotion.\n ``(5) All students in grades kindergarten through grade 12 \n under its jurisdiction are subject to State achievement \n standards in the core curriculum at key transition points, as \n determined by the State.\n ``(6) It uses tests and other indicators, such as grades \n and teacher evaluations, to assess student performance in \n meeting the State achievement standards, which tests are valid \n for the purpose of such assessment.\n ``(b) Plan.--In order to receive a grant under this part, a local \neducational agency shall include in the application submitted under \nsubsection (a)--\n ``(1) a plan for ensuring that all students are taught by \n fully qualified teachers; and\n ``(2) an assurance that the agency will provide annual \n reports to the Secretary quantifying progress toward achieving \n that end.\n\n``SEC. 12023. DEFINITIONS.\n\n ``For purposes of this part:\n ``(1) Construction.--The term `construction' means--\n ``(A) preparation of drawings and specifications \n for school facilities;\n ``(B) building new school facilities, or acquiring, \n remodeling, demolishing, renovating, improving, or \n repairing facilities; or\n ``(C) inspection of work described in subparagraph \n (B).\n ``(2) Fully qualified teacher.--The term `fully qualified \n teacher' means--\n ``(A) when used with respect to a public elementary \n or secondary school teacher means that the teacher \n holds a valid State teaching certificate or license for \n the grade level at which he or she provides \n instruction; and\n ``(B) when used with respect to--\n ``(i) an elementary school teacher, means \n that the teacher holds at least a bachelor's \n degree and has demonstrated the knowledge and \n teaching skills needed to teach effectively in \n the areas of reading writing, mathematics, \n science and other areas of the elementary \n school curriculum; or\n ``(ii) a middle or secondary school \n teacher, means that the teacher holds at least \n a bachelors degree and has demonstrated \n proficiency in all subject areas in which he or \n she provides instruction through--\n ``(I) a high level of performance \n on a rigorous and formal State \n assessment of content area knowledge; \n or\n ``(II) completion of at least an \n undergraduate major in each of the \n academic subject areas in which he or \n she provides instruction.\n ``(3) School facility.--The term `school facility' means a \n public structure suitable for use as a classroom, laboratory, \n library, media center, or related facility the primary purpose \n of which is the instruction of public elementary school or \n secondary school students.\n\n``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \n$1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal \nyears.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement.","title":"To amend the Elementary and Secondary Education Act of 1965 to authorize school construction funds for local educational agencies that have made improvements in teacher quality and student achievement.","text_len":5547,"sum_len":241} {"bill_id":"106_s52","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Direct Check for Education Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) education should be a national priority but must remain \n a local responsibility;\n (2) the Federal Government's regulations and involvement \n often creates barriers and obstacles to local creativity and \n reform;\n (3) parents, teachers, and local school districts must be \n allowed and empowered to set local education priorities; and\n (4) schools and education professionals must be accountable \n to the people and children served.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (3) State.--The term ``State'' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, Guam, American Samoa, the \n Commonwealth of the Northern Mariana Islands, the United States \n Virgin Islands, the Republic of the Marshall Islands, the \n Federated States of Micronesia, and the Republic of Palau.\n\nSEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.\n\n (a) Direct Awards.--From amounts appropriated under subsection (b) \nand not used to carry out subsection (c), the Secretary shall make \ndirect awards to local educational agencies in amounts determined under \nsubsection (e) to enable the local educational agencies to support \nprograms or activities, for kindergarten through grade 12 students, \nthat the local educational agencies deem appropriate.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this Act $3,500,000,000 for each of the \nfiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years \n2002 and 2003, and $5,000,000,000 for fiscal year 2004.\n (c) Multiyear Awards.--The Secretary shall use funds appropriated \nunder subsection (b) for each fiscal year to continue to make payments \nto eligible recipients pursuant to any multiyear award made prior to \nthe date of enactment of this Act under the provisions of law repealed \nunder subsection (d). The payments shall be made for the duration of \nthe multiyear award.\n (d) Repeals.--The following provisions of law are repealed:\n (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et \n seq.).\n (2) Section 307 of the Department of Education \n Appropriations Act, 1999.\n (3) Title III of the Elementary and Secondary Education Act \n of 1965 (20 U.S.C. 6801 et seq.).\n (4) Part B of title VI of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7331 et seq.).\n (5) Part A of title X of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 8001 et seq.).\n (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. \n 6101 et seq.).\n (e) Determination of Amount.--\n (1) Per child amount.--The Secretary, using the information \n provided under subsection (f), shall determine a per child \n amount for a year by dividing the total amount appropriated \n under subsection (b) for the year, by the average daily \n attendance of kindergarten through grade 12 students in all \n States for the preceding year.\n (2) Local educational agency award.--The Secretary, using \n the information provided under subsection (f), shall determine \n the amount provided to each local educational agency under this \n section for a year by multiplying--\n (A) the per child amount determined under paragraph \n (1) for the year; by\n (B) the average daily attendance of kindergarten \n through grade 12 students that are served by the local \n educational agency for the preceding year.\n (f) Census Determination.--\n (1) In general.--Each local educational agency shall \n conduct a census to determine the average daily attendance of \n kindergarten through grade 12 students served by the local \n educational agency not later than December 1 of each year.\n (2) Submission.--Each local educational agency shall submit \n the number described in paragraph (1) to the Secretary not \n later than March 1 of each year.\n (g) Penalty.--If the Secretary determines that a local educational \nagency has knowingly submitted false information under subsection (f) \nfor the purpose of gaining additional funds under this section, then \nthe local educational agency shall be fined an amount equal to twice \nthe difference between the amount the local educational agency received \nunder this section, and the correct amount the local educational agency \nwould have received under this section if the agency had submitted \naccurate information under subsection (f).\n (h) Disbursal.--The Secretary shall disburse the amount awarded to \na local educational agency under this Act for a fiscal year not later \nthan July 1 of each year.\n\nSEC. 5. AUDIT.\n\n (a) In General.--The Secretary may conduct audits of the \nexpenditures of local educational agencies under this Act to ensure \nthat the funds made available under this Act are used in accordance \nwith this Act.\n (b) Sanctions and Penalties.--If the Secretary determines that the \nfunds made available under section 4 were not used in accordance with \nsection 4(a), the Secretary may use the enforcement provisions \navailable to the Secretary under part D of the General Education \nProvisions Act (20 U.S.C. 1234 et seq.).","summary":"Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources, (2) the State programs component of Innovative Education Program Strategies. And (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act.","title":"Direct Check for Education Act","text_len":5961,"sum_len":1613} {"bill_id":"111_hr5503","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Protections for the Injured \nfrom Limitations on Liability Act''.\n\nSEC. 2. IMPROVEMENTS TO RECOVERY UNDER DEATH ON THE HIGH SEAS ACT.\n\n The Death on the High Seas Act (chapter 303 of title 46, United \nStates Code), is amended--\n (1) in section 30302--\n (A) by inserting ``or law'' after ``admiralty''; \n and\n (B) by inserting before ``spouse'' the following: \n ``survivors, including'';\n (2) in section 30303--\n (A) by inserting ``and nonpecuniary loss'' after \n ``pecuniary loss'';\n (B) by striking ``by'' and all that follows through \n the end, and inserting ``, plus a fair compensation for \n the decedent's pain and suffering.''; and\n (C) by adding at the end the following: ``In this \n section, the term `nonpecuniary loss' means loss of \n care, comfort, and companionship.'';\n (3) in section 30305 by inserting ``or law'' after \n ``admiralty'';\n (4) in section 30306, by inserting ``or law'' after \n ``admiralty'';\n (5) by striking section 30307; and\n (6) in the table of sections at the beginning of such \n chapter, by striking the item relating to sections 30307.\n\nSEC. 3. IMPROVEMENTS TO RECOVERY UNDER JONES ACT.\n\n Title 46, United States Code, is amended--\n (1) in section 30104, by adding at the end the following: \n ``In addition to other amounts authorized under such laws, the \n recovery for a seaman who so dies shall include recovery for \n loss of care, comfort, and companionship.''; and\n (2) by striking section 30105 and the item relating to that \n section in the table of sections at the beginning of chapter \n 301.\n\nSEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT.\n\n (a) Repeal.--Chapter 305 of title 46, United States Code, is \namended by repealing sections 30505, 30506, 30507, 30511, and 30512 and \nthe items relating to those sections in the table of sections at the \nbeginning of chapter 305.\n (b) Conforming Amendments.--\n (1) Oil pollution act of 1990.--Section 1018 of the Oil \n Pollution Act of 1990 (33 U.S.C. 2718) is amended--\n (A) in subsection (a), by striking ``or the Act of \n March 3, 1851''; and\n (B) in subsection (c), by striking ``, the Act of \n March 3, 1851 (46 U.S.C. 183 et seq.),''.\n (2) Title 46.--Section 14305(a) of title 46, United States \n Code, is amended by striking paragraph (5) and redesignating \n the subsequent paragraphs as paragraphs (5) through (14), \n respectively.\n\nSEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS ARISING FROM OIL \n INCIDENTS.\n\n (a) Conditions on Sale or Lease of Significant Property of the \nEstate.--\n (1) In general.--Section 363 of title 11, United States \n Code, is amended by adding at the end the following:\n ``(q) Notwithstanding any other provision of this section, if the \ndebtor is liable under any law for a claim for wrongful death, personal \ninjury, or property damage arising from an incident (as defined in \nsection 1001 of the Oil Pollution Act of 1990, and that gives rise to \nliability under such Act), the trustee may not sell or lease, other \nthan in the ordinary course of business, significant property of the \nestate (or, to the extent that the court has jurisdiction over any \naffiliate of the debtor, significant property of such affiliate) \nunless--\n ``(1) creditors holding at least two-thirds in amount, and \n more than one-half in number, of all such claims not paid by \n the debtor consent to such sale or lease; or\n ``(2) the court finds, after notice and a hearing, that--\n ``(A) sufficient property will remain in the \n estate; or\n ``(B) the debtor's anticipated future income will \n be sufficient;\n that all such claims will be paid in full.''.\n (2) Under plan of reorganization.--Section \n 1129(b)(2)(B)(ii) of title 11, United States Code, is amended--\n (A) by inserting ``(other than the holder of a \n claim described in subclause (II))'' after ``claim'' \n the 1st place it appears;\n (B) by inserting ``(I)'' after ``(ii)'';\n (C) by striking the period at the end and inserting \n ``; and''; and\n (D) by adding at the end the following:\n ``(II) if the plan provides for claims of the kind \n described in section 363(q) and provides for a sale or \n lease of significant property of the estate, creditors \n holding at least two-thirds in amount, and more than \n one-half in number, of such claims consent to such sale \n or lease.''.\n (b) Conforming Amendment.--Section 303(f) of title 11, United \nStates Code, is amended by adding at the end the following:\n``If the debtor is liable under any law for a claim for wrongful death, \npersonal injury, or property damage arising from an incident (as \ndefined in section 1001 of the Oil Pollution Act of 1990, and that \ngives rise to liability under such Act), the debtor may not sell or \nlease, other than in the ordinary course of business, significant \nproperty of the estate (or, to the extent that the court has or can \nobtain jurisdiction over any affiliate of the debtor, significant \nproperty of such affiliate) unless--\n ``(1) creditors holding at least two-thirds in amount, and \n more than one-half in number, of all such claims not paid by \n the debtor consent to such sale or lease; or\n ``(2) the court finds, after notice and a hearing, that--\n ``(A) sufficient property will remain in the \n estate; or\n ``(B) the debtor's anticipated future income will \n be sufficient;\n that all such claims will be paid in full.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect on \nthe date of enactment of this Act and shall apply with respect to \nclaims arising on or after April 20, 2010, that are pending on or after \nsuch date of enactment.\n\n Passed the House of Representatives July 1, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Securing Protections for the Injured from Limitations on Liability Act - Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Limits the right to bring such an action to the decedent's survivors only . Allows recovery in such an action for fair compensation for nonpecuniary loss , plus a fair compensation for the decedent's pain and suffering. Defines nonpecuniary loss as loss of care, comfort, and companionship. Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment. Removes restrictions on the bringing of actions under US maritime law by workers who are not US citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country. Repeals specified general limitations on a shipowner's liability for personal injury or death on seagoing vessels. Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, significant property of the estate of a debtor liable for a claim for wrongful death, personal injury, or property damage arising from an incident under the Oil Pollution Act of 1990 unless: (1) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims not paid by the debtor, consent to such sale or lease. Or (2) the court finds, after notice and a hearing, that all such claims will be paid because sufficient property will remain in the estate or the debtor's anticipated future income will be sufficient.","title":"To revise laws regarding liability in certain civil actions arising from maritime incidents, and for other purposes.","text_len":6810,"sum_len":1937} {"bill_id":"107_hr1181","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Insurance Affordability and \nEquity Act of 2001''.\n\nSEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED \n INDIVIDUALS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25A the \nfollowing new section:\n\n``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this chapter for the \ntaxable year an amount equal to the amount paid during the taxable year \nfor coverage for the taxpayer, his spouse, and dependents under \nqualified health insurance.\n ``(b) Limitations.--\n ``(1) In general.--The amount allowed as a credit under \n subsection (a) to the taxpayer for the taxable year shall not \n exceed the sum of the monthly limitations for eligible coverage \n months during such taxable year for each individual referred to \n in subsection (a).\n ``(2) Monthly limitation.--\n ``(A) In general.--The monthly limitation for an \n individual for each eligible coverage month of such \n individual during the taxable year is the amount equal \n to \\1\/12\\ of $1,500.\n ``(B) Limitation to 2 individuals.--Not more than 2 \n individuals may be taken into account by the taxpayer \n under this subsection.\n ``(C) Special rule for married individuals.--In the \n case of an individual--\n ``(i) who is married (within the meaning of \n section 7703) as of the close of the taxable \n year but does not file a joint return for such \n year, and\n ``(ii) who does not live apart from such \n individual's spouse at all times during the \n taxable year,\n only such individual may be taken into account under \n this subsection.\n ``(3) Eligible coverage month.--For purposes of this \n subsection, the term `eligible coverage month' means, with \n respect to an individual, any month if--\n ``(A) as of the first day of such month such \n individual is covered by qualified health insurance the \n premium for which was paid by the taxpayer, and\n ``(B) there was at least a 12-month period \n beginning after December 31, 2001, and ending before \n such month throughout which the individual--\n ``(i) was not covered by qualified health \n insurance, and\n ``(ii) was not eligible to participate in \n any employer-provided group health plan.\n ``(c) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The aggregate amount which would (but \n for this subsection) be allowed as a credit under this section \n shall be reduced (but not below zero) by the amount determined \n under paragraph (2).\n ``(2) Amount of reduction.--\n ``(A) In general.--The amount determined under this \n paragraph shall be the amount which bears the same \n ratio to such aggregate amount as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) the applicable dollar \n amount, bears to\n ``(ii) $10,000.\n ``(B) Modified adjusted gross income.--For purposes \n of this paragraph, the term `modified adjusted gross \n income' means adjusted gross income increased by any \n amount excluded from gross income under section 911, \n 931, or 933.\n ``(C) Rounding.--Any amount determined under \n subparagraph (A) which is not a multiple of $10 shall \n be rounded to the next lowest $10.\n ``(3) Applicable dollar amount.--For purposes of paragraph \n (2), the term `applicable dollar amount' means--\n ``(A) $60,000 in the case of a taxpayer whose \n qualified health insurance coverage covers more than 1 \n individual referred to in subsection (a), and\n ``(B) $30,000--\n ``(i) in any case not described in \n subparagraph (A), and\n ``(ii) in the case of a married individual \n filing a separate return.\n For purposes of this paragraph, marital status shall be \n determined under section 7703.\n ``(d) Qualified Health Insurance.--For purposes of this section--\n ``(1) In general.--The term `qualified health insurance' \n means insurance which constitutes medical care; except that \n such term shall not include any insurance if substantially all \n of its coverage is of excepted benefits described in section \n 9832(c).\n ``(2) Credit not allowable for certain subsidized \n coverage.--Except for purposes of subsection (b)(3)(B), the \n term `qualified health insurance' shall not include any \n coverage less than 50 percent of the cost of which is borne by \n the taxpayer.\n ``(e) Denial of Credit for Amounts Paid Under Certain Government-\nProvided Programs.--\n ``(1) In general.--No credit shall be allowed under this \n section for amounts paid under--\n ``(A) title XVIII, XIX, or XXI of the Social \n Security Act,\n ``(B) chapter 55 of title 10, United States Code,\n ``(C) chapter 17 of title 38, United States Code, \n or\n ``(D) the Indian Health Care Improvement Act.\n ``(2) Coverage under program included in determining \n eligibility.--Coverage under any of the provisions referred to \n in paragraph (1) shall be treated as coverage under qualified \n health insurance for purposes of subsection (b)(3)(B).\n ``(g) Special Rules.--\n ``(1) Coordination with other deductions.--No credit shall \n be allowed under this section for the taxable year if any \n amount paid for qualified health insurance is taken into \n account in determining any deduction allowed for such year \n under sections 162(l), 213, or 222.\n ``(2) Denial of credit to dependents.--No credit shall be \n allowed under this section to any individual with respect to \n whom a deduction under section 151 is allowable to another \n taxpayer for a taxable year beginning in the calendar year in \n which such individual's taxable year begins.\n ``(3) Inflation adjustment.--\n ``(A) In general.--In the case of a taxable year \n beginning after 2002, the dollar amount in subsection \n (b)(2)(A) and each dollar amount in subsection (c)(3) \n shall be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2001' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $100, such amount \n shall be rounded to the next lowest multiple of $100.''\n (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25A the following new \nitem:\n\n ``Sec. 25B. Health insurance costs of \n previously uninsured \n individuals.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n\nSEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND \n SELF-EMPLOYED INDIVIDUALS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions) is amended by redesignating section 222 as section 223 and \nby inserting after section 221 the following new section:\n\n``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a deduction an amount equal to the amount paid during the \ntaxable year for coverage for the taxpayer, his spouse, and dependents \nunder qualified health insurance (as defined in section 25B(d)).\n ``(b) Special Rules.--\n ``(1) Coordination with medical deduction, etc.--Any amount \n paid by a taxpayer for insurance to which subsection (a) \n applies shall not be taken into account in computing the amount \n allowable to the taxpayer as a deduction under section 162(l) \n or 213(a).\n ``(2) Deduction not allowed for self-employment tax \n purposes.--The deduction allowable by reason of this section \n shall not be taken into account in determining an individual's \n net earnings from self-employment (within the meaning of \n section 1402(a)) for purposes of chapter 2.''\n (b) Conforming Amendments.--\n (1) Subsection (a) of section 62 of such Code is amended by \n inserting after paragraph (17) the following new item:\n ``(18) Costs of qualified health insurance.--The deduction \n allowed by section 222.''\n (3) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by striking the last item and \n inserting the following new items:\n\n ``Sec. 222. Costs of qualified health \n insurance.\n ``Sec. 223. Cross reference.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan. Provides for the deduction of the qualified health insurance costs of employees and the self-employed.","title":"To amend the Internal Revenue Code of 1986 to provide incentives for private health coverage for the previously uninsured, and for other purposes.","text_len":10979,"sum_len":442} {"bill_id":"115_hr476","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Emergency Treatment Act'' \nor the ``VET Act''.\n\nSEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE \n SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS.\n\n (a) In General.--Chapter 17 of title 38, United States Code, is \namended by inserting after section 1730A the following new section:\n``Sec. 1730B. Examination and treatment for emergency medical \n conditions and women in labor\n ``(a) Medical Screening Examinations.--In carrying out this \nchapter, if any enrolled veteran requests, or a request is made on \nbehalf of the veteran, for examination or treatment for a medical \ncondition, regardless of whether such condition is service-connected, \nat a hospital emergency department of a medical facility of the \nDepartment, the Secretary shall ensure that the veteran is provided an \nappropriate medical screening examination within the capability of the \nemergency department, including ancillary services routinely available \nto the emergency department, to determine whether an emergency medical \ncondition exists.\n ``(b) Necessary Stabilizing Treatment for Emergency Medical \nConditions and Labor.--(1) If an enrolled veteran comes to a medical \nfacility of the Department and the Secretary determines that the \nveteran has an emergency medical condition, the Secretary shall provide \neither--\n ``(A) such further medical examination and such treatment \n as may be required to stabilize the medical condition; or\n ``(B) for the transfer of the veteran to another medical \n facility of the Department or a non-Department facility in \n accordance with subsection (c).\n ``(2) The Secretary is deemed to meet the requirement of paragraph \n(1)(A) with respect to an enrolled veteran if the Secretary offers the \nveteran the further medical examination and treatment described in such \nparagraph and informs the veteran (or an individual acting on behalf of \nthe veteran) of the risks and benefits to the veteran of such \nexamination and treatment, but the veteran (or individual) refuses to \nconsent to the examination and treatment. The Secretary shall take all \nreasonable steps to secure the written informed consent of such veteran \n(or individual) to refuse such examination and treatment.\n ``(3) The Secretary is deemed to meet the requirement of paragraph \n(1) with respect to an enrolled veteran if the Secretary offers to \ntransfer the individual to another medical facility in accordance with \nsubsection (c) of this section and informs the veteran (or an \nindividual acting on behalf of the veteran) of the risks and benefits \nto the veteran of such transfer, but the veteran (or individual) \nrefuses to consent to the transfer. The hospital shall take all \nreasonable steps to secure the written informed consent of such veteran \n(or individual) to refuse such transfer.\n ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) If an \nenrolled veteran at a medical facility of the Department has an \nemergency medical condition that has not been stabilized, the Secretary \nmay not transfer the veteran to another medical facility of the \nDepartment or a non-Department facility unless--\n ``(A)(i) the veteran (or a legally responsible individual \n acting on behalf of the veteran), after being informed of the \n obligation of the Secretary under this section and of the risk \n of transfer, requests in writing a transfer to another medical \n facility;\n ``(ii) a physician has signed a certification (including a \n summary of the risks and benefits) that, based upon the \n information available at the time of transfer, the medical \n benefits reasonably expected from the provision of appropriate \n medical treatment at another medical facility outweigh the \n increased risks to the veteran and, in the case of labor, to \n the unborn child from effecting the transfer; or\n ``(iii) if a physician is not physically present in the \n emergency department at the time a veteran is transferred, a \n qualified medical person (as defined by the Secretary in \n regulations) has signed a certification described in clause \n (ii) after a physician, in consultation with the person, has \n made the determination described in such clause, and \n subsequently countersigns the certification; and\n ``(B) the transfer is an appropriate transfer as described \n in paragraph (2).\n ``(2) An appropriate transfer to a medical facility is a transfer--\n ``(A) in which the transferring medical facility provides \n the medical treatment within the capacity of the facility that \n minimizes the risks to the health of the enrolled veteran and, \n in the case of a woman in labor, the health of the unborn \n child;\n ``(B) in which the receiving facility--\n ``(i) has available space and qualified personnel \n for the treatment of the veteran; and\n ``(ii) has agreed to accept transfer of the veteran \n and to provide appropriate medical treatment;\n ``(C) in which the transferring facility sends to the \n receiving facility all medical records (or copies thereof), \n related to the emergency condition for which the veteran has \n presented, available at the time of the transfer, including \n records related to the emergency medical condition of the \n veteran, observations of signs or symptoms, preliminary \n diagnosis, treatment provided, results of any tests and the \n informed written consent or certification (or copy thereof) \n provided under paragraph (1)(A), and the name and address of \n any on-call physician (described in subsection (d)(1)(C) of \n this section) who has refused or failed to appear within a \n reasonable time to provide necessary stabilizing treatment;\n ``(D) in which the transfer is effected through qualified \n personnel and transportation equipment, as required including \n the use of necessary and medically appropriate life support \n measures during the transfer; and\n ``(E) that meets such other requirements as the Secretary \n may find necessary in the interest of the health and safety of \n veterans transferred.\n ``(d) Charges.--(1) Nothing in this section may be construed to \naffect any charges that the Secretary may collect from a veteran or \nthird party.\n ``(2) The Secretary shall treat any care provided by a non-\nDepartment facility pursuant to this section as care otherwise provided \nby a non-Department facility pursuant to this chapter for purposes of \npaying such non-Department facility for such care.\n ``(e) Nondiscrimination.--A medical facility of the Department or a \nnon-Department facility, as the case may be, that has specialized \ncapabilities or facilities (such as burn units, shock-trauma units, \nneonatal intensive care units, or (with respect to rural areas) \nregional referral centers as identified by the Secretary in regulation) \nshall not refuse to accept an appropriate transfer of an enrolled \nveteran who requires such specialized capabilities or facilities if the \nfacility has the capacity to treat the veteran.\n ``(f) No Delay in Examination or Treatment.--A medical facility of \nthe Department or a non-Department facility, as the case may be, may \nnot delay provision of an appropriate medical screening examination \nrequired under subsection (a) or further medical examination and \ntreatment required under subsection (b) of this section in order to \ninquire about the method of payment or insurance status of an enrolled \nveteran.\n ``(g) Whistleblower Protections.--The Secretary may not take \nadverse action against an employee of the Department because the \nemployee refuses to authorize the transfer of an enrolled veteran with \nan emergency medical condition that has not been stabilized or because \nthe employee reports a violation of a requirement of this section.\n ``(h) Definitions.--In this section:\n ``(1) The term `emergency medical condition' means--\n ``(A) a medical condition manifesting itself by \n acute symptoms of sufficient severity (including severe \n pain) such that the absence of immediate medical \n attention could reasonably be expected to result in--\n ``(i) placing the health of the enrolled \n veteran (or, with respect to an enrolled \n veteran who is a pregnant woman, the health of \n the woman or her unborn child) in serious \n jeopardy;\n ``(ii) serious impairment to bodily \n functions; or\n ``(iii) serious dysfunction of any bodily \n organ or part; or\n ``(B) with respect to an enrolled veteran who is a \n pregnant woman having contractions--\n ``(i) that there is inadequate time to \n effect a safe transfer to another hospital \n before delivery; or\n ``(ii) that transfer may pose a threat to \n the health or safety of the woman or the unborn \n child.\n ``(2) The term `enrolled veteran' means a veteran who is \n enrolled in the health care system established under section \n 1705(a) of this title.\n ``(3) The term `to stabilize' means, with respect to an \n emergency medical condition described in paragraph (1)(A), to \n provide such medical treatment of the condition as may be \n necessary to assure, within reasonable medical probability, \n that no material deterioration of the condition is likely to \n result from or occur during the transfer of the enrolled \n veteran from a facility, or, with respect to an emergency \n medical condition described in paragraph (1)(B), to deliver \n (including the placenta).\n ``(4) The term `stabilized' means, with respect to an \n emergency medical condition described in paragraph (1)(A), that \n no material deterioration of the condition is likely, within \n reasonable medical probability, to result from or occur during \n the transfer of the individual from a facility, or, with \n respect to an emergency medical condition described in \n paragraph (1)(B), that the woman has delivered (including the \n placenta).\n ``(5) The term `transfer' means the movement (including the \n discharge) of an enrolled veteran outside the facilities of a \n medical facility of the Department at the direction of any \n individual employed by (or affiliated or associated, directly \n or indirectly, with) the Department, but does not include such \n a movement of an individual who--\n ``(A) has been declared dead; or\n ``(B) leaves the facility without the permission of \n any such person.''.\n (b) Clerical Amendment.--The table of sections of such chapter is \namended by inserting after the item relating to section 1730A the \nfollowing new item:\n\n``1730B. Examination and treatment for emergency medical conditions and \n women in labor.''.","summary":"Veterans Emergency Treatment Act or the VET Act This bill requires that a veteran enrolled in the Department of Veterans Affairs (VA) health care program who requests a medical examination or treatment at an emergency department of a VA medical facility be provided with a medical screening examination to determine whether an emergency medical condition exists and, if so, stabilizing medical treatment or a transfer to another VA or non-VA medical facility. If a non-stabilized emergency medical condition exists, the VA hospital may not transfer the veteran unless: (1) the veteran, after being made aware of the risks, makes a written transfer request. Or (2) a physician certifies that the medical benefits of a transfer outweigh the risks. The VA may not take adverse action against a VA employee because the employee refuses to authorize the transfer of an enrolled veteran with a non-stabilized emergency medical condition or because the employee reports a violation of a requirement of this bill. A VA or non-VA medical facility may not delay provision of an appropriate medical screening examination or further medical examination and treatment required in order to inquire about the payment method or insurance status of an enrolled veteran.","title":"Veterans Emergency Treatment Act","text_len":11737,"sum_len":1252} {"bill_id":"112_s1877","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Speak Up to Protect Every Abused Kid \nAct''.\n\nSEC. 2. CHILD ABUSE AND NEGLECT.\n\n Section 3(2) of the Child Abuse Prevention and Treatment Act (42 \nU.S.C. 5101 note) is amended to read as follows:\n ``(2) the term `child abuse or neglect' means, at a \n minimum--\n ``(A) any recent act or failure to act, on the part \n of a parent or caretaker, that results in death, \n serious physical or emotional harm, or sexual abuse or \n exploitation, or an act or failure to act that presents \n an imminent risk of serious harm; or\n ``(B) any deliberate act, on the part of an \n individual other than a parent or caretaker, that \n results in death, serious physical or emotional harm, \n or sexual abuse or exploitation, or that presents an \n imminent risk of serious harm to a child.''.\n\nSEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.\n\n The Child Abuse Prevention and Treatment Act is amended by \ninserting after section 103 (42 U.S.C. 5104) the following:\n\n``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.\n\n ``(a) In General.--The Secretary shall make grants to eligible \nentities to carry out educational campaigns and provide training \nregarding State laws for mandatory reporting of incidents of child \nabuse or neglect.\n ``(b) Guidance and Information on Best Practices.--The Secretary \nshall develop and disseminate guidance and information on best \npractices for--\n ``(1) educational campaigns to educate members of the \n public about--\n ``(A) the acts and omissions that constitute child \n abuse or neglect under State law;\n ``(B) the responsibilities of adults to report \n suspected and known incidents of child abuse or neglect \n under State law; and\n ``(C) the ways in which adults can respond to help \n children and families without such reporting in a case \n in which the circumstances do not constitute child \n abuse or neglect under State law but the child or \n family needs assistance to prevent such circumstances \n from deteriorating so as to constitute child abuse or \n neglect; and\n ``(2) training programs to improve such reporting by \n adults, with a focus on adults who work with children in a \n professional or volunteer capacity.\n ``(c) Applications.--To be eligible to receive a grant under this \nsection, an entity shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require. In determining whether to make a grant under this section, \nthe Secretary shall determine whether the educational campaign or \ntraining proposed by the entity uses practices described in the \nguidance and information developed under subsection (b).\n ``(d) Use of Funds.--An entity that receives a grant under this \nsection shall use the funds made available through the grant to carry \nout an educational campaign, or provide training, described in \nsubsection (b).\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for fiscal year 2012 \nand $10,000,000 for each of fiscal years 2013 through 2016.''.\n\nSEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND \n TREATMENT PROGRAMS.\n\n Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment \nAct (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an \nassurance'' and all that follows through clause (i), and inserting the \nfollowing:\n ``(B) an assurance in the form of a certification \n by the Governor of the State that the State has in \n effect and is enforcing a State law, or has in effect \n and is operating a statewide program, relating to child \n abuse and neglect that includes--\n ``(i) provisions or procedures for an \n individual to report suspected or known \n incidents of child abuse or neglect to a State \n child protective service agencies or to law \n enforcement agencies, which shall include a \n State law for mandatory reporting of such \n incidents, to either type of agency, by any \n adult;''.\n\nSEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.\n\n (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and \nTreatment Act (42 U.S.C. 5107c(b)) is amended--\n (1) in paragraph (4)--\n (A) in subparagraph (A), by striking ``and'' at the \n end; and\n (B) by adding at the end the following:\n ``(C) train adults who work with children in a \n professional or volunteer capacity, to report suspected \n and known incidents of child abuse or neglect under \n State law; and''; and\n (2) in paragraph (5), by inserting before the period ``and \n the training described in paragraph (4)(C)''.\n (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. \n5107c(e)(2)) is amended--\n (1) in paragraph (1), by striking ``and'' at the end;\n (2) in paragraph (2), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(3) evaluate the State's efforts to train adults who work \n with children in a professional or volunteer capacity, to \n report suspected and known incidents of child abuse or neglect \n under State law.''.\n (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 \nU.S.C. 5107c(e)(1)) is amended--\n (1) in subparagraph (B), by striking ``and'' at the end;\n (2) in subparagraph (C), by striking the period and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(D) experimental, model, and demonstration \n programs for testing innovative approaches and \n techniques that may improve reporting of and response \n to suspected and known incidents of child abuse or \n neglect by adults to the State child protective service \n agencies or to law enforcement agencies.''.\n\nSEC. 6. GENERAL PROGRAM GRANTS.\n\n Section 108 of the Child Abuse Prevention and Treatment Act (42 \nU.S.C. 5106d) is amended by adding at the end the following:\n ``(f) Mandatory Reporting.--To be eligible to receive any form of \nfinancial assistance under this title, a State shall include in the \ncorresponding plan or application an assurance that the State has in \neffect a State law for mandatory reporting described in section \n106(b)(2)(B)(i).''.\n\nSEC. 7. REPORTS.\n\n Section 110 of the Child Abuse Prevention and Treatment Act (42 \nU.S.C. 5106f) is amended by adding at the end the following:\n ``(e) Report on State Mandatory Reporting Laws.--\n ``(1) Study.--Not later than 4 years after the date of \n enactment of the Speak Up to Protect Every Abused Kid Act, the \n Secretary shall collect information on and otherwise study the \n efforts of States relating to State laws for mandatory \n reporting of incidents of child abuse or neglect, in order to--\n ``(A) assess the implementation of the amendments \n made by that Act; and\n ``(B) provide an update on--\n ``(i) implementation of State laws for \n mandatory reporting described in section \n 106(b)(2)(B)(i); and\n ``(ii) State efforts to improve reporting \n on, and responding to reports of, child abuse \n or neglect.\n ``(2) Report.--Not later than 4 years after that date of \n enactment, the Secretary shall submit to the appropriate \n committees of Congress a report containing the findings of the \n study.''.\n\nSEC. 8. COMMUNITY-BASED GRANTS.\n\n Section 204 of the Child Abuse Prevention and Treatment Act (42 \nU.S.C. 5116d) is amended--\n (1) in paragraph (11), by striking ``and'' at the end;\n (2) in paragraph (12), by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(13) an assurance that the State has in effect a State \n law for mandatory reporting described in section \n 106(b)(2)(B)(i).''.\n\nSEC. 9. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), this Act \ntakes effect on the date of enactment of this Act.\n (b) Mandatory Reporting Requirements.--The amendments made by \nsections 4, 5(a), 6, and 8 shall apply to the corresponding plans and \napplications submitted after the date that is 2 years after the date of \nenactment of this Act.","summary":"Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of child abuse or neglect any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.","title":"A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.","text_len":9346,"sum_len":2739} {"bill_id":"103_hr793","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bramwell National Historical Park \nAct of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that:\n (1) The coal mining heritage of southern West Virginia is \n of national historical and cultural significance.\n (2) The Town of Bramwell, West Virginia, possesses \n remarkable and outstanding historical, cultural, and \n architectural values relating to the coal mining heritage of \n southern West Virginia.\n (3) It is in the national interest to preserve the unique \n character of the Town of Bramwell, West Virginia, and to \n enhance the historical, cultural, and architectural values \n associated with its coal mining heritage.\n (b) Purpose.--The purpose of this Act is to provide for the \npreservation, restoration, and interpretation of the historical, \ncultural, and architectural values of the Town of Bramwell, West \nVirginia, for the educational and inspirational benefit of present and \nfuture generations.\n\nSEC. 3. ESTABLISHMENT.\n\n (a) In General.--In order to preserve, restore, and interpret the \nunique historical, cultural, and architectural values of Bramwell, West \nVirginia, there is hereby established the Bramwell National Historical \nPark (hereinafter referred to as the ``Park'').\n (b) Area Included.--The Park shall consist of the lands and \ninterests in lands within the corporate boundary of the Town of \nBramwell.\n\nSEC. 4. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the Park in \naccordance with this Act and with the provisions of law generally \napplicable to units of the national park system, including the Act \nentitled ``An Act to establish a National Park Service, and for other \npurposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-467).\n (b) Donations.--Notwithstanding any other provision of law, the \nSecretary may accept and retain donations of funds, property, or \nservices from individuals, foundations, corporations, or public \nentities for the purpose of providing services and facilities which he \ndeems consistent with the purposes of the Act.\n (c) Cooperative Agreements.--In administering the Park, the \nSecretary is authorized to enter into cooperative agreements with the \nState of West Virginia, or any political subdivision thereof, for \ncarrying out the purposes of this Act.\n\nSEC. 5. ACQUISITION OF LAND.\n\n (a) General Authority.--The Secretary may acquire land or interests \nin land within the boundaries of the Park only by donation, exchange, \nor purchase from willing sellers with donated or appropriated funds.\n (b) State Lands.--Lands or interest in lands, within the boundaries \nof the Park which are owned by the State of West Virginia or any \npolitical subdivision thereof, may be acquired only by donation.\n\nSEC. 6. COOPERATIVE AGREEMENTS.\n\n The Secretary is authorized to enter into cooperative agreements \nwith the owners of properties of historical or cultural significance \nwithin the Park pursuant to which the Secretary may mark, interpret, \nrestore, and provide technical assistance for the preservation and \ninterpretation of such properties.\n\nSEC. 7. PROPERTY OWNER RIGHTS.\n\n Nothing in this Act may be construed as authorizing the Secretary \nto have access to private residential property within the Park for the \npurpose of conducting visitors through such property, or for any other \npurpose, without the advice and consent of the owner of such property.\n\nSEC. 8. MANAGEMENT PLAN.\n\n (a) In General.--The Secretary, in consultation with the committee \nreferred to in section 9, shall prepare a plan for the restoration, \npreservation, interpretation, and development of the historical, \ncultural, and architectural resources of the Park.\n (b) Restoration Measures.--The plan referred to in this section \nshall provide for such measures as may be deemed appropriate for the \nrestoration of public areas within the Park, including but not limited \nto each of the following:\n (1) The restoration of a brick surface to such segments of \n North River Street, Main Street, Rose Street, South River \n Street, and Bloch Street as deemed necessary to restore the \n historical and architectural character of the Park.\n (2) Measures to mitigate the visual impact of public \n utility facilities such as phone and electrical lines on the \n historical and architectural character of the Park.\n (c) Development Measures.--The plan referred to in this section \nshall provide for such measures as may be deemed appropriate for the \ndevelopment of public areas within the Park, including but not limited \nto each of the following:\n (1) The reconstruction of the Bramwell Railroad Depot.\n (2) The restoration of an edifice or edifices suitable to \n provide for the interpretation and visitor appreciation of the \n historical, cultural, and architectural features of the Park.\n\nSEC. 9. ADVISORY COMMITTEE.\n\n (a) Establishment.--There is hereby established the Bramwell \nNational Historical Park Advisory Committee (hereinafter in this Act \nreferred to as ``Advisory Committee''). The Advisory Committee shall be \ncomposed of thirteen members appointed by the Secretary to serve for \nterms of two years, except for the Governor of the State of West \nVirginia and the Mayor of the Town of Bramwell who shall serve without \nlimitation of terms. Any member of the Advisory Committee may serve \nafter the expiration of his term until a successor is appointed. Any \nmember of the Advisory Committee may be appointed to serve more than \none term. The Secretary or his designee shall serve as Chairman.\n (b) Management and Development Issues.--The Secretary, or his \ndesignees, shall meet on a regular basis and consult with the Advisory \nCommittee on matters relating to the development of a management plan \nfor the Park and on the implementation of such plan.\n (c) Expenses.--Members of the Advisory Committee shall serve \nwithout compensation as such, but the Secretary may pay expenses \nreasonably incurred in carrying out their responsibilities under this \nAct on vouchers signed by the Chairman.\n (d) Membership.--The Secretary shall appoint members to the \nAdvisory Committee as follows:\n (1) the Governor of the State of West Virginia or his \n delegate;\n (2) one member to represent the West Virginia Division of \n Culture and History to be appointed from among persons \n nominated by the Governor of the State of West Virginia;\n (3) the Mayor of the Town of Bramwell;\n (4) one member to represent the Mercer County Commission;\n (5) one member to represent the Mercer County Historical \n Society;\n (6) two members to represent the Bramwell Historic Landmark \n Commission;\n (7) two members to represent the Bramwell Millionaire \n Garden Club;\n (8) one member to represent the West Virginia Preservation \n Alliance, Inc.;\n (9) one member to represent Coalways, Inc.;\n (10) one member to represent the West Virginia Association \n of Museums; and\n (11) one member to represent the Pinnacle Rock State Park \n Foundation, Inc.\n (e) Termination; Charter.--The Advisory Committee shall terminate \non the date ten years after the enactment of this Act notwithstanding \nthe Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. \n776). The provisions of section 14(b) of such Act (relating to the \ncharter of the Committee) are hereby waived with respect to this \nAdvisory Committee.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is hereby authorized to be appropriated such sums as may be \nnecessary to carry out the purpose of this Act.","summary":"Bramwell National Historical Park Act of 1993 - Establishes the Bramwell National Historical Park, West Virginia, to preserve, restore, and interpret the unique historical, cultural, and architectural values of the town. Establishes the Bramwell National Historical Park Advisory Committee. Authorizes appropriations.","title":"Bramwell National Historical Park Act of 1993","text_len":7932,"sum_len":317} {"bill_id":"106_hr1557","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Maritime Administration \nAuthorization Act for Fiscal Years 2000 and 2001''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 AND 2001.\n\n Funds are hereby authorized to be appropriated, as Appropriations \nActs may provide, for the use of the Department of Transportation for \nthe Maritime Administration as follows:\n (1) For expenses necessary for operations and training \n activities, not to exceed $72,164,000 for the fiscal year \n ending September 30, 2000.\n (2) For the costs, as defined in section 502 of the Federal \n Credit Reform Act of 1990, of guaranteed loans authorized by \n title XI of the Merchant Marine Act, 1936, as amended (46 App. \n U.S.C. 1271 et seq.), $6,000,000, to be available until \n expended. In addition, for administrative expenses related to \n loan guarantee commitments under title XI of the Merchant \n Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.), \n $3,893,000.\n (3) For the fiscal year ending September 30, 2001, such \n sums as may be necessary.\n\nSEC. 3. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.\n\n (a) Section 1108(a) of the Merchant Marine Act, 1936 (46 App. \nU.S.C. 1279a(a)) is amended by striking the language preceding the \nproviso and inserting in its place the following:\n ``(a) Creation.--If the proceeds of an obligation guaranteed under \nthis title are to be used to finance the construction, reconstruction, \nor reconditioning of a vessel or vessels which will serve as security \nfor the guarantee of the Secretary, the Secretary is authorized to \naccept and hold, in escrow under an escrow agreement with the obligor, \nproceeds of that obligation (together with such interest as may be \nearned thereon and, if required by the Secretary, an amount equal to 6 \nmonth's interest on the obligation). The Secretary may not release \nfunds from the escrow until the Secretary first determines that the \nobligor has paid its portion of the actual cost of constructing, \nreconstructing, or reconditioning the vessel or vessels and, second, \ndetermines that the funds to be released are needed to pay, or make \nreimbursements in connection with payments previously made to the \nshipyard or other contractors for work performed, or to pay for other \napproved costs, with respect to the vessel or vessels.''.\n (b) Title XI of the Merchant Marine Act, 1936, is amended by \ninserting immediately after section 1108, the following new section:\n\n``SEC. 1109. RESERVE FUNDS AND COLLATERAL ACCOUNTS.\n\n ``(a) Creation of Funds and Accounts.--There is hereby established \nin the Treasury a deposit fund into which the Secretary is authorized \nto deposit cash belonging to an obligor so long as the Secretary has a \nsecurity interest in such cash. The account shall be governed by the \nterms of an agreement, as described hereunder, to be entered into by \nthe Secretary and an obligor.\n ``(b) Terms of Agreement.--The Secretary and an obligor shall enter \ninto a reserve fund or other collateral account agreement to govern the \nmaking of deposits and withdrawals and the retention, use, and \nreinvestment of the cash deposited under subsection (a) above. The \nagreement shall contain such terms and conditions as are further \nrequired hereunder and as are considered by the Secretary to be \nnecessary to protect fully the interests of the United States.\n ``(c) Investment.--The Secretary is authorized to invest and \nreinvest any part of the cash of a reserve fund or collateral account \nin obligations of the United States with such maturities that these \nfunds and accounts will be available as required for purposes of the \nagreement. Cash balances of the deposit fund in excess of current \nrequirements shall be maintained in a form of uninvested funds and the \nSecretary of the Treasury shall pay interest on these funds.\n ``(d) Income.--The cash deposited in a reserve fund or collateral \naccount may not be withdrawn without the consent of the Secretary. The \nSecretary may retain and offset any or all of the cash on deposit in a \nreserve fund or collateral account, and any income realized thereon, as \npart of the Secretary's recovery against an obligor that has defaulted \non an obligation. In the absence of a default on an obligation, the \nSecretary may pay any income realized on a reserve fund or collateral \naccount in accordance with the terms of the agreement.''.\n\nSEC. 4. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.\n\n (a) Title IX of the Merchant Marine Act, 1936, as amended (46 App. \nU.S.C. 101 et seq.) is amended by adding immediately after section 902 \nthe following new section:\n\n``SEC. 903. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.\n\n ``The restrictions of section 901(b)(1) of this Act concerning the \nbuilding, rebuilding, or documentation of a vessel in a foreign country \nshall not apply to dry bulk vessels and breakbulk vessels over 5,000 \ndeadweight tons and constructed, reconstructed, or acquired in a \nforeign shipyard within one year of the date of enactment of this \nsection and prior to enactment of the OECD Shipbuilding Trade Agreement \nAct, whichever occurs earlier, and have transferred to United States \nflag registry under section 12105 of title 46, United States Code, \nexcept that (1) such vessels have nonemergency shipyard repairs, and \nother shipyard work necessary to conform the vessel to United States \nflag standards, performed in a shipyard of the United States, (2) such \nvessels comply with the standards set forth in section 1137 of the \nCoast Guard Authorization Act of 1996 (46 App. U.S.C. 1187 note), (3) \nsuch vessels shall not be granted approval under section 9(e) of the \nShipping Act, 1916, as amended on October 19, 1996, and (4) the \nprovisions of section 607 of this Act shall not apply to vessels \nconstructed, reconstructed, modified, or acquired pursuant to this \nsection.''.\n (b) Section 901b(c)(2) of the Merchant Marine Act, 1936, as amended \n(46 U.S.C. App. 1241f(c)(2)) is amended by striking ``1986.'' and \ninserting ``1986, the 18-month period commencing April 1, 1999, and the \n12-month period beginning on the first day of October in the year 2000 \nand each year thereafter.''.\n\nSEC. 5. EXTENSION OF WAR RISK INSURANCE AUTHORITY.\n\n Section 1214 of the Merchant Marine Act, 1936, as amended (46 App. \nU.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting \n``June 30, 2005''.\n\nSEC. 6. TRANSPORTATION REPORT ON MARITIME ACTIVITIES.\n\n Section 208 of the Merchant Marine Act, 1936, as amended (46 App. \nU.S.C. 1118) is amended by--\n (1) striking ``and the Secretary of Transportation shall''; \n and\n (2) inserting ``and the Secretary of Transportation, by \n April 1 of each odd-numbered year, shall'' before ``make''.\n\nSEC. 7. OWNERSHIP OF THE JEREMIAH O'BRIEN.\n\n Section 3302 of title 46, United States Code, is amended by \nstriking ``owned by the United States Maritime Administration'' and \ninserting in lieu thereof ``owned by the National Liberty Ship \nMemorial, Inc.''.","summary":"Amends the Merchant Marine Act, 1936 to revise loan guarantee escrow fund provisions. Establishes a Treasury fund to hold related collateral, and provides for Secretary-obligor reserve funds. Exempts certain foreign-origin dry bulk and breakbulk cargo vessels that have transferred to United States flag registry from the three-year restriction on carrying US- procured, furnished, or financially supported cargo Extends war risk insurance authority. Reduces specified United States Maritime Administration reporting requirements. Amends Federal law to state that ownership the vessel Jeremiah O'Brien shall belong to the National Liberty Ship Memorial, Inc. rather than the United States Maritime Administration.","title":"Maritime Administration Authorization Act for Fiscal Years 2000 and 2001","text_len":7190,"sum_len":713} {"bill_id":"111_s3706","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Americans Want to Work Act''.\n\nSEC. 2. ADJUSTMENT TO FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.\n\n Section 4002(e)(1) of the Supplemental Appropriations Act, 2008 \n(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking \n``subsection (d)(1) (third-tier emergency unemployment compensation)'' \nand inserting ``subsection (f)(1) (fifth-tier emergency unemployment \ncompensation)''.\n\nSEC. 3. FIFTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.\n\n (a) In General.--Section 4002 of the Supplemental Appropriations \nAct, 2008, as amended by section 2, is further amended--\n (1) by redesignating subsections (f) and (g) as subsections \n (h) and (i), respectively; and\n (2) by inserting after subsection (e) the following new \n subsection:\n ``(f) Fifth-Tier Emergency Unemployment Compensation.--\n ``(1) In general.--If, at the time that the amount added to \n an individual's account under subsection (d)(1) (third-tier \n emergency unemployment compensation) is exhausted or at any \n time thereafter, such individual's State is in an extended \n benefit period (as determined under paragraph (2)), such \n account shall be further augmented by an amount (hereinafter \n `fifth-tier emergency unemployment compensation') equal to the \n lesser of--\n ``(A) 80 percent of the total amount of regular \n compensation (including dependents' allowances) payable \n to the individual during the individual's benefit year \n under the State law; or\n ``(B) 20 times the individual's average weekly \n benefit amount (as determined under subsection (b)(2)) \n for the benefit year.\n ``(2) Extended benefit period.--For purposes of paragraph \n (1), a State shall be considered to be in an extended benefit \n period, as of any given time, if--\n ``(A) such a period would then be in effect for \n such State under section 203(d) of the Federal-State \n Extended Unemployment Compensation Act of 1970 (26 \n U.S.C. 3304 note) if such section did not include the \n requirement under paragraph (1)(A) thereof; or\n ``(B) such a period would then be in effect for \n such State under section 203(f) of such Act if--\n ``(i) such section 203(f) were applied to \n such State (regardless of whether the State by \n law had provided for such application); and\n ``(ii) such section 203(f)--\n ``(I) were applied by substituting \n `7.5' for `6.5' in paragraph (1)(A)(i) \n thereof; and\n ``(II) did not include the \n requirement under paragraph (1)(A)(ii) \n thereof.\n ``(3) Limitation.--The account of an individual may be \n augmented not more than once under this subsection.''.\n (b) Conforming Amendment to Non-Augmentation Rule.--Section \n4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law \n110-252; 26 U.S.C. 3304 note) is amended--\n (1) by striking ``and (e)'' and inserting ``, (e), and \n (f)''; and\n (2) by striking ``or (e)'' and inserting ``, (e), or (f)''.\n (c) Coordination.--Section 4002(g) of the Supplemental \nAppropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as \nredesignated by subsection (a)(1), is amended by adding at the end the \nfollowing new paragraphs:\n ``(3) Further coordination with extended compensation.--\n Notwithstanding an election under section 4001(e) by a State to \n provide for the payment of emergency unemployment compensation \n prior to extended compensation, such State may pay extended \n compensation to an otherwise eligible individual prior to any \n emergency unemployment compensation under subsection (f) (by \n reason of the amendments made by section 3(a) of the Americans \n Want to Work Act), if such individual claimed extended \n compensation for at least 1 week of unemployment after the \n exhaustion of emergency unemployment compensation under this \n part (as this part was in effect on the day before the date of \n the enactment of this subsection).\n ``(4) Coordination with tiers iii, iv, and v.--If a State \n determines that implementation of the fifth-tier of emergency \n unemployment compensation by reason of the amendments made by \n sections 2 and 3 of the Americans Want to Work Act would unduly \n delay the prompt payment of emergency unemployment compensation \n under this title by reason of the amendments made by such Act, \n such State may elect to pay fourth-tier emergency unemployment \n compensation prior to the payment of fifth-tier emergency \n unemployment compensation until such time as such State \n determines that fifth-tier emergency unemployment compensation \n may be paid without undue delay. For purposes of determining \n whether an account may be augmented for fifth-tier emergency \n unemployment compensation under subsection (f), if a State \n makes the election described in the previous sentence, such \n State shall treat the date of exhaustion of fourth-tier \n emergency unemployment compensation as the date of exhaustion \n of third-tier emergency unemployment compensation if the date \n of exhaustion of fourth-tier emergency unemployment \n compensation is later than the date of exhaustion of third-tier \n emergency unemployment compensation.''.\n (d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations \nAct, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--\n (1) in subparagraph (E), by striking ``and'' at the end; \n and\n (2) by inserting after subparagraph (F) the following new \n subparagraph:\n ``(G) the amendments made by subsections (a), (b), \n and (c) of section 3 of the Americans Want to Work Act; \n and''.\n (e) Effective Date.--The amendments made by this section shall \napply as if included in the enactment of the Supplemental \nAppropriations Act, 2008, except that no amount shall be payable by \nvirtue of such amendments with respect to any week of unemployment \ncommencing before the date of the enactment of this Act.\n\nSEC. 4. EXTENSION OF PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED \n WORKERS AND BUSINESS CREDIT FOR THE RETENTION OF CERTAIN \n NEWLY HIRED INDIVIDUALS.\n\n (a) Extension.--Section 3111(d) of the Internal Revenue Code of \n1986 is amended--\n (1) by striking ``with respect to employment during the \n period beginning on the day after the date of the enactment of \n this subsection and ending on December 31, 2010,'' in paragraph \n (1) and inserting ``during the applicable period with respect \n to employment'',\n (2) by striking ``January 1, 2011'' in paragraph (3) and \n inserting ``January 1, 2012'',\n (3) by redesignating paragraph (5) as paragraph (6) and by \n inserting after paragraph (4) the following new paragraph:\n ``(5) Applicable period.--For purposes of paragraph (1), \n the applicable period is--\n ``(A) with respect to any qualified individual who \n begins employment after February 3, 2010, the period \n beginning after March 18, 2010, and ending on December \n 31, 2010, and\n ``(B) with respect to any qualified individual who \n begins employment after August 4, 2010, the period \n beginning on the day after the date of the enactment of \n this paragraph and ending on December 31, 2011.'', and\n (4) by inserting ``and 2011'' after ``2010'' in the heading \n thereof.\n (b) Railroad Retirement Taxes.--Section 3221(c) of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``during the period beginning on the day \n after the date of the enactment of this subsection and ending \n on December 31, 2010'' in paragraph (1) and inserting ``during \n the applicable period'',\n (2) by striking ``January 1, 2011'' in paragraph (3) and \n inserting ``January 1, 2012'',\n (3) by redesignating paragraph (5) as paragraph (6) and by \n inserting after paragraph (4) the following new paragraph:\n ``(5) Applicable period.--For purposes of paragraph (1), \n the applicable period is--\n ``(A) with respect to any qualified individual who \n begins employment after February 3, 2010, the period \n beginning after March 18, 2010, and ending on December \n 31, 2010, and\n ``(B) with respect to any qualified individual who \n begins employment after August 4, 2010, the period \n beginning on the day after the date of the enactment of \n this paragraph and ending on December 31, 2011.'', and\n (4) by inserting ``and 2011'' after ``2010'' in the heading \n thereof.\n (c) Transfers to Certain Funds.--Section 101 of the Hiring \nIncentives to Restore Employment Act is amended--\n (1) by inserting ``and section 4(a) of the Americans Want \n to Work Act'' after ``subsection (a)'' in subsection (c), and\n (2) by inserting ``and section 4(b) of the Americans Want \n to Work Act'' after ``paragraph (1)'' in subsection (d)(2).\n (d) Conforming Amendment.--The heading of section 102 of the Hiring \nIncentives to Restore Employment Act is amended by inserting ``and \n2011'' after ``2010''.\n (e) Treatment of Temporary Census Workers.--Sections 3111(d)(3) and \n3121(c)(3) of the Internal Revenue Code of 1986 are each amended by \nadding at the end the following new flush sentence:\n ``For purposes of subparagraph (B), employment by the Bureau of \n the Census as a temporary enumerator for the 2010 decennial \n census shall not be taken into account.''.\n (f) Effective Date.--The amendments made by this section shall take \neffect as if included in the amendments made by section 101 of the \nHiring Incentives to Restore Employment Act.\n\nSEC. 5. INCREASE OF BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY \n HIRED INDIVIDUALS.\n\n (a) In General.--Section 102 of the Hiring Incentives to Restore \nEmployment Act (Public Law 111-147) is amended by adding at the end the \nfollowing new subsection:\n ``(e) Increased Credit for Certain Long-Term Unemployed Workers.--\n ``(1) In general.--In the case of a qualified long-term \n unemployed worker, the credit otherwise determined under \n subsection (a) (without regard to this subsection) with respect \n to such qualified long-term unemployed worker shall be \n increased by $1,000.\n ``(2) Qualified long-term unemployed worker.--For purposes \n of this subsection, the term `qualified long-term unemployed \n worker' means any qualified individual (as defined in section \n 3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code \n of 1986)--\n ``(A) who is a retained worker,\n ``(B) who certifies by signed affidavit, under \n penalties of perjury, that--\n ``(i) such individual has not been employed \n during the 693-day period ending on the date \n such individual begins the employment with \n respect to which the individual is a qualified \n individual, or\n ``(ii) such individual has exhausted all \n unemployment insurance benefits under Federal \n or State law, if such benefits are exhausted in \n a period of less than 693 days, and\n ``(C) who begins employment with a qualified \n employer (as defined in section 3111(d)(2) or section \n 3221(c)(2) of the Internal Revenue Code of 1986) after \n the date of the enactment of this subsection and before \n January 1, 2012.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto individuals beginning employment after the date of the enactment of \nthis Act, in taxable years ending after such date.","summary":"Americans Want to Work Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-5 period for deposits to an individual's EUCA if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for making such Tier-5 credits. Increases the figures in the basic EUC formula : (1) from 50 to 80 of the total amount of regular compensation payable to the individual during the benefit year. And (2) from 13 to 20 times the individual's average weekly benefit amount for the benefit year. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-5 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Authorizes a state to elect to pay Tier-4 EUC before payment of Tier-5 EUC until the state determines that such Tier-5 EUC may be paid without undue delay. Amends the Internal Revenue Code to extend through December 31, 2011, the exemption of an employer from payment of employment taxes or railroad retirement taxes for individuals who begin employment after August 4, 2010. Excludes from account for Federal Insurance Contributions Act (FICA) tax purposes any employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census. Amends the Hiring Incentives to Restore Employment Act to allow an increase in the general business tax credit for the retention of a qualified long-term unemployed worker who: (1) is a retained worker. (2) certifies by signed affidavit that he or she has not been employed during a specified 693-day period or has exhausted all unemployment insurance benefits under federal or state law in less than 693 days. And (3) begins employment with a qualified employer after the enactment of this Act and before January 1, 2012.","title":"A bill to extend unemployment insurance benefits and cut taxes for businesses to create hiring incentives, and for other purposes.","text_len":13046,"sum_len":2279} {"bill_id":"108_s216","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Building Security Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) The terrorist attacks of September 11, 2001, resulted \n in unprecedented death and destruction, and 2 of the worst \n building disasters in human history;\n (2) the war on terror is ongoing, and threats to American \n targets, such as large buildings in the United States, are \n substantial;\n (3) there are approximately 500 skyscrapers in the United \n States that are regularly occupied by at least 5000 people, in \n addition to millions of smaller buildings that see high levels \n of traffic;\n (4) most buildings have not been built to the standard \n needed to meet extreme threats, necessitating technological \n improvements in every aspect of construction, including \n structural elements, fireproofing, and facade integrity;\n (5) to advance homeland security, the Federal Government is \n obligated to ensure that building and construction standards \n are as high as practicable, and that building owners have the \n resources needed to meet these standards;\n (6) the Federal Government, in its efforts to protect the \n American people, is responsible for promoting research and \n development by the public and private sectors that will provide \n the technical basis for improved building and fire codes, \n standards, practices, and materials;\n (7) the National Institute of Standards and Technology is \n in a unique position to work with the appropriate standards-\n developing organizations to help the United States respond to \n these new challenges, due to--\n (A) the building and fire expertise in its \n laboratories and quality program;\n (B) its long history of working cooperatively with \n the construction and standards industries;\n (C) its strong influence on national standards; and\n (D) its involvement in the assessment of the World \n Trade Center collapse;\n (8) efforts to pursue innovation and provide practical \n guidance and tools to building owners, designers, and \n contractors are necessary to ensure that new materials and \n practices are widely accepted and used;\n (9) it is in the national interest for the National \n Institute of Standards and Technology to--\n (A) accelerate its efforts in helping industry \n develop the higher building and construction standards \n that are necessary to heighten the safety of all \n Americans; and\n (B) identify the most effective ways to ensure that \n these new standards are implemented in both existing \n and new structures;\n (10) as of January 2003, 2,000,000 private security \n officers throughout the Nation are responsible for ensuring the \n security of building occupants and must be able to effectively \n respond to evacuations, crime, terrorist threats, emergencies, \n and accidents;\n (11) many of these private security officers are not \n adequately prepared to best assist uniformed services, building \n tenants, workers, and the public in the event of a natural \n disaster or terrorism;\n (12) the job turnover rate within the private security \n industry is as high as 300 percent per year;\n (13) a recent study found that more than \\1\/2\\ of the \n States are--\n (A) failing to set standards for the training and \n screening of private security officers; and\n (B) not providing adequate oversight of the private \n security industry;\n (14) without proper guidelines and standards, the private \n security industry cannot adequately provide the security \n necessary in the current global environment;\n (15) the Federal Government, in its efforts to protect the \n American people, is responsible for enabling a proper review of \n the private security industry and developing a means of \n ensuring the industry's improvement; and\n (16) it is in the national interest for the Department of \n Homeland Security to create a private security review task \n force, comprised of industry, union, government, and law \n enforcement leaders, to help establish strong guidelines and \n incentives for States, and to provide the needed structure for \n training and workforce stability.\n\nSEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT \n PROGRAM.\n\n (a) Establishment.--\n (1) In general.--The Director of the National Institute of \n Standards and Technology (referred to in this section as the \n ``Director'') shall establish a research and development \n program to--\n (A) provide the measurements and analysis for \n improved building and fire codes, standards, and \n practices; and\n (B) generate findings and recommendations that can \n be used to develop improved building and fire codes, \n and higher construction standards in the United States.\n (2) Consultation.--In carrying out this section, the \n Director shall--\n (A) consult, as appropriate, with the various units \n of the National Institute of Standards and Technology \n (referred to in this section as the ``Institute''), \n including the Building and Fire Research Laboratory;\n (B) build upon ongoing efforts of the Institute and \n of the private sector; and\n (C) involve consortia that include government and \n industry.\n (b) Research Activities.--\n (1) Scientific research.--The Director shall work with \n industry, trade associations, professional societies, and \n others to conduct experimentation, analysis, testing, \n verification, and demonstration of improved tools and practices \n that identify--\n (A) improved construction methods and materials \n relevant to structural fire safety;\n (B) mitigation of progressive collapse;\n (C) building and ventilation vulnerability \n reduction tools;\n (D) equipment standards for first responders; and\n (E) other ways to reduce the impact of extreme \n threats to the safety of buildings, their occupants, \n and emergency responders.\n (2) Policy research.--The Director shall work with \n industry, trade associations, professional societies, and \n others to complete a study of the best methods to ensure full \n implementation and encourage full compliance with the standards \n developed in paragraph (1), including--\n (A) tax incentives;\n (B) grants to States that adopt those standards; \n and\n (C) other appropriate means.\n (c) Dissemination and Technical Assistance Program.--The Director \nshall oversee a dissemination and technical assistance program \n(referred to in this section as the ``DTAP'') to assist with the \nimmediate dissemination and implementation of the practices, standards, \nand codes developed by the Institute under subsection (b)(1).\n (d) Publication of Studies.--The Director shall ensure that the \nresults and recommendations of the Institute under subsection (b) are \npromptly published for use by the public and private sectors.\n (e) Reports.--\n (1) Initial report.--Not later than 60 days after the date \n of enactment of this Act, the Director shall submit, to the \n Committee on Commerce, Science, and Transportation of the \n Senate and the Committee on Science of the House of \n Representatives, a report detailing the Institute's proposed \n schedule of studies and results, with anticipated dates of \n implementation.\n (2) Annual progress reports.--Not later than 1 year after \n the date of enactment of this Act, and annually thereafter, the \n Director shall submit a progress report to the committees \n described under paragraph (1), which summarizes the Institute's \n activities and determinations under subsection (b).\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section, the following sums:\n (1) $13,000,000 for fiscal year 2004.\n (2) $9,000,000 for fiscal year 2005.\n (3) $9,000,000 for fiscal year 2006.\n (4) $9,000,000 for fiscal year 2007.\n\nSEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE.\n\n (a) Establishment.--The Secretary of the Department of Homeland \nSecurity (referred to in this section as the ``Secretary'') shall \nestablish a Private Security Industry Task Force (referred to in this \nsection as the ``Task Force'') to--\n (1) examine the limitations in training, screening, \n standard-setting, retention, and oversight practice in the \n private security industry;\n (2) develop structural guidelines and standards of quality \n for the private security industry; and\n (3) determine the best way to help States to implement such \n standards and guidelines in a timely and efficient manner.\n (b) Membership.--The Task Force shall be composed of 25 members, \nincluding members representing--\n (1) private security employers;\n (2) private security employees;\n (3) the private insurance industry;\n (4) the risk consulting industry;\n (5) institutional investors;\n (6) public safety and emergency management professionals;\n (7) building owners and managers;\n (8) commercial building tenants;\n (9) trainers of private security officers;\n (10) police officers;\n (11) firefighters;\n (12) the Office of Employment and Training Administration \n of the Department of Labor;\n (13) the Office of Justice Programs of the Department of \n Justice;\n (14) the Department of Homeland Security; and\n (15) State agencies involved in homeland security from \n different regions of the United States.\n (c) Chair.--\n (1) Appointment.--The Secretary shall appoint a Chair for \n the Task Force from within the Department of Homeland Security.\n (2) Responsibilities.--The Chair shall oversee all meetings \n of, and communications from, the Task Force.\n (d) Authorized Activities.--In carrying out the provisions of this \nAct, the Chair and other members of the Task Force may conduct research \nand coordinate and consult with industry, trade associations, \nprofessional societies, and institutions of higher learning, and other \nappropriate organizations to--\n (1) examine the limitations in training, screening, \n standard-setting, retention, and oversight practice in the \n private security industry;\n (2) develop structural guidelines and standards of quality \n for the private security industry; and\n (3) determine the best way to help States to implement such \n standards and guidelines in a timely and efficient manner.\n (e) Semi-Annual Reports.--Not later than 180 days after the date of \nenactment of this Act, and every 180 days thereafter, the Chair shall \nsubmit a report on the Task Force's activities and determinations under \nsubsection (c)(2) to--\n (1) the Committee on Health, Education, Labor, and Pensions \n of the Senate;\n (2) the Committee on the Judiciary of the Senate;\n (3) the Committee on Education and the Workforce of the \n House of Representatives; and\n (4) the Committee on the Judiciary of the House of \n Representatives.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated $500,000 for each of the fiscal years 2004 and 2005 to \ncarry out this section.","summary":"Building Security Act of 2003 - Requires the Director of the National Institute of Standards and Technology to establish a research and development program to provide for improved building and fire codes, standards, and practices. Requires the Director to: (1) work with industry, trade associations, and professional societies to research construction, material, and equipment standards and practices to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders and to study the best methods for ensuring full implementation of and compliance with such standards and practices. And (2) oversee a program for dissemination and implementation of such practices and standards. Directs the Secretary of Homeland Security to establish a Private Security Industry Task Force to: (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry. And (2) develop structural guidelines and standards of quality for the industry and determine the best way to help States implement them.","title":"A bill to authorize the National Institute of Standards and Technology to develop improvements in building and fire codes, standards, and practices to reduce the impact of terrorist and other extreme threats to the safety of buildings, their occupants, and emergency responders, and to authorize the Department of Homeland Security to form a task force to recommend ways to strengthen standards in the private security industry, stabilize the workforce, and create a safer environment for commercial building and industrial facility occupants.","text_len":12660,"sum_len":1098} {"bill_id":"112_hr3495","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Market Based Manufacturing \nIncentives Act of 2011''.\n\nSEC. 2. CREDIT FOR RETAIL PURCHASE OF CERTAIN DOMESTIC PRODUCTS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for any taxable year an amount \nequal to the applicable percentage of the aggregate amount paid or \nincurred by the taxpayer for specified products during any portion such \ntaxable year which is part of the eligible period.\n ``(b) Applicable Percentage; Eligible Period.--For purposes of this \nsection--\n ``(1) Applicable percentage.--The term `applicable \n percentage' means, with respect to any specified product, the \n percentage (not less than 5 percent nor more than 20 percent) \n determined by the Commission under subsection (e)(4) with \n respect to such product.\n ``(2) Eligible period.--The term `eligible period' means, \n with respect to any specified product, the period (not less \n than 5 years nor more than 10 years) determined by the \n Commission under subsection (e)(5) with respect to such \n product.\n ``(3) Separate application to each specified product.--\n Subsection (a) shall be applied separately with respect to each \n of the specified products designated under subsection (e).\n ``(c) Specified Product.--For purposes of this section--\n ``(1) In general.--The term `specified product' means any \n designated domestic product--\n ``(A) the original use of which commences with the \n taxpayer, and\n ``(B) which is acquired by the taxpayer for use or \n lease, but not for resale.\n ``(2) Designated domestic product.--The term `designated \n domestic product' means any designated product which has been \n certified by the Secretary as--\n ``(A) having been assembled in the United States, \n and\n ``(B) consisting at least 60 percent of components \n assembled or otherwise arising in the United States.\n ``(3) Designated product.--The term `designated product' \n means the 10 products designated by the Secretary, in \n consultation with the Commission, under subsection (e).\n ``(d) Application With Other Credits.--\n ``(1) Business credit treated as part of general business \n credit.--So much of the credit which would be allowed under \n subsection (a) for any taxable year (determined without regard \n to this subsection) that is attributable to property used by \n the taxpayer in the conduct of a trade or business shall be \n treated as a credit listed in section 38(b) for such taxable \n year (and not allowed under subsection (a)).\n ``(2) Personal credit.--For purposes of this title, the \n credit allowed under subsection (a) for any taxable year \n (determined after application of paragraph (1)) shall be \n treated as a credit allowable under subpart A for such taxable \n year.\n ``(e) Selection of Designated Products.--\n ``(1) In general.--The Secretary, in consultation with the \n Commission, shall designate 10 products for purposes of this \n section.\n ``(2) Eligible products.--A product shall not be eligible \n for designation under this section unless--\n ``(A) such product represents a technological \n innovation, and\n ``(B) the designation of such product has the \n potential to produce substantial long-term job \n opportunities in the United States.\n ``(3) Criteria for designation.--In making designations of \n products under this subsection, the Secretary shall take into \n consideration--\n ``(A) the number of jobs in the United States that \n the Secretary estimates will result (directly and \n indirectly) from the designation of such product, and\n ``(B) the speed with which such jobs are likely to \n be created.\n ``(4) Determination of credit percentage.--The Secretary, \n in consultation with the Commission, shall determine the \n applicable percentage which applies for purposes of subsection \n (a) with respect to each product designated under this \n subsection. Such percentage shall not be less than 5 percent \n and shall not be more than 20 percent. Such percentage shall be \n determined on the basis of the incentive needed with respect to \n each such product taking into account the market factors with \n respect to such product.\n ``(5) Determination of period during which credit \n allowed.--The Secretary, in consultation with the Commission, \n shall determine the eligible period which applies for purposes \n of subsection (a) with respect to each product designated under \n this subsection. Such period shall not be less than 5 years and \n shall not be more than 10 years. Such period shall be \n determined on the basis of the incentive needed with respect to \n each such product taking into account the market factors with \n respect to such product.\n ``(f) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Commission.--The term `Commission' means the 21st \n Century American Manufacturing Commission established under \n section 3 of the Market Based Manufacturing Incentives Act of \n 2011.\n ``(2) Reduction in basis.--For purposes of this subtitle, \n the basis of any property for which a credit is allowable under \n subsection (a) shall be reduced by the amount of such credit so \n allowed (determined without regard to subsection (d)).\n ``(3) No double benefit.--The amount of any deduction or \n other credit allowable under this chapter with respect to any \n property shall be reduced by the amount of the credit allowed \n under subsection (a) for such property (determined without \n regard to subsection (d)).\n ``(4) Property used by tax-exempt entity.--In the case of \n property whose use is described in paragraph (3) or (4) of \n section 50(b) and which is not subject to a lease, the person \n who sold such property to the person or entity using such \n property shall be treated as the taxpayer that placed such \n vehicle in service, but only if such person clearly discloses \n to such person or entity in a document the amount of any credit \n allowable under subsection (a) with respect to such property \n (determined without regard to subsection (d)). For purposes of \n subsection (d), property to which this paragraph applies shall \n be treated as property used by the taxpayer in the conduct of a \n trade or business.\n ``(5) Property used outside united states, etc., not \n qualified.--No credit shall be allowable under subsection (a) \n with respect to any property referred to in section 50(b)(1).\n ``(6) Recapture.--The Secretary shall, by regulations, \n provide for recapturing the benefit of any credit allowable \n under subsection (a) with respect to any property which ceases \n to be property eligible for such credit (including recapture in \n the case of a lease period of less than the economic life of \n the property).\n ``(7) Election to not take credit.--No credit shall be \n allowed under subsection (a) for any vehicle if the taxpayer \n elects to not have this section apply to such property.\n ``(g) Termination.--This section shall not apply to property \nacquired after the date which is 10 years after the date of the \nenactment of this section.''.\n (b) Conforming Amendments.--\n (1) Section 38(b) of such Code is amended by striking \n ``plus'' at the end of paragraph (35), by striking the period \n at the end of paragraph (36) and inserting ``, plus'', and by \n adding at the end the following new paragraph:\n ``(37) the portion of the domestic manufacturing consumer \n credit to which section 30E(d)(1) applies.''.\n (2) Section 1016(a) of such Code is amended by striking \n ``and'' at the end of paragraph (36), by striking the period at \n the end of paragraph (37) and inserting ``, and'', and by \n adding at the end the following new paragraph:\n ``(38) to the extent provided in section 30E(f)(2).''.\n (3) Section 6501(m) of such Code is amended by inserting \n ``30E(f)(7),'' after ``30D(e)(4),''.\n (4) The table of sections for subpart B of part IV of \n subchapter A of chapter 1 of such Code is amended by adding at \n the end the following new item:\n\n``Sec. 30E. Domestic manufacturing consumer credit.''.\n (c) GAO Report.--The Government Accountability Office shall, during \nthe 3d, 5th, and 7th years after the effective date of the domestic \nmanufacturing consumer credit (described in subsection (d)), report to \nCongress on the economic effects of such credit. Such report shall \ninclude the aggregate value of the domestic manufacturing consumer \ncredits determined with respect to taxpayers under section 30E of the \nInternal Revenue Code of 1986 and an estimate of the economic activity \nstimulated by such credits.\n (d) Effective Date.--The amendments made by this section shall \napply to property acquired after the date which is 1 year after the \ndate on which the 21st Century American Manufacturing Commission makes \nits recommendations to the Secretary of the Treasury under section 3(b) \nof this Act.\n\nSEC. 3. ESTABLISHMENT OF 21ST CENTURY AMERICAN MANUFACTURING \n COMMISSION.\n\n (a) In General.--There is established a commission to be known as \nthe 21st Century American Manufacturing Commission.\n (b) Duties.--The Commission shall conduct research regarding \nappropriate products to make eligible for the tax credit provided by \nsection 30E of the Internal Revenue Code of 1986 and shall make \nrecommendations to the Secretary of the Treasury regarding which \nproducts should be designated for purposes of such section and the \napplicable percentage and eligible period which should be determined \nwith respect to each such product. The commission shall make such \nrecommendations to the Secretary of the Treasury not later than 6 \nmonths after the date of the enactment of this Act.\n (c) Membership.--\n (1) In general.--The Commission shall be composed of 10 \n members who shall be appointed by the Secretary of the Treasury \n or his designee not later than 30 days after the enactment of \n this Act.\n (2) Political affiliation.--Not more than 5 members may be \n of the same political party.\n (3) Terms.--Each member shall be appointed for the life of \n the Commission.\n (4) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (5) Pay of members.--\n (A) In general.--Members shall each be entitled to \n receive the daily equivalent of the maximum annual rate \n of basic pay for grade GS-11 of the General Schedule \n for each day (including travel time) during which they \n are engaged in the actual performance of duties vested \n in the Commission.\n (B) Travel expenses.--Each member shall receive \n travel expenses, including per diem in lieu of \n subsistence, in accordance with applicable provisions \n under subchapter I of chapter 57 of title 5, United \n States Code.\n (6) Prevention of conflict of interest.--\n (A) Agreement.--The Secretary of the Treasury shall \n not appoint any individual to be a member of the \n Commission unless such individual has first sign an \n agreement with the Secretary to prevent conflicts of \n interest. Such agreement shall include a requirement \n that the individual comply with the provisions of \n subparagraph (B) and shall include such penalties for \n failure to so comply as the Secretary determines \n appropriate.\n (B) Requirements.--A member of the Commission shall \n not, during the 5-year period beginning on the \n effective date of the domestic manufacturing consumer \n credit (described in section 2(d)), hold, directly or \n indirectly, any interest in any person associated with \n any designated product, any component of any designated \n product, or any equipment to manufacture any such \n product or component. An interest held in any fund held \n by such member shall be taken into account under the \n preceding sentence unless such fund is a broad-based \n index fund. Any interest held by such member prior to \n the beginning of such 5-year period which is not \n (consistent with the requirements of this subparagraph) \n permitted to be held during such period, shall be \n disposed of prior to such period.\n (d) Chairperson.--The Chairperson of the Commission shall be \ndesignated by the Secretary of the Treasury (or his designee) at the \ntime of appointment.\n (e) Staff.--Any staff of the Commission shall be appointed subject \nto the provisions of title 5, United States Code, governing \nappointments in the competitive service, and shall be paid in \naccordance with the provisions of chapter 51 and subchapter III of \nchapter 53 of that title relating to classification and General \nSchedule pay rates.\n (f) Termination.--\n (1) In general.--Except as provided in paragraph (2), the \n Commission shall terminate 30 days after making recommendations \n to the Secretary of the Treasury described in subsection (b).\n (2) Extension.--At the request of the Secretary of the \n Treasury or his designee, the Commission shall continue in \n existence for such period at the Secretary may request but not \n later than 1 year after making such recommendations.","summary":"Market Based Manufacturing Incentives Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for the purchase of new products certified as assembled in the United States and consisting of at least 60 of components assembled or otherwise arising in the United States. Establishes the 21st Century American Manufacturing Commission to conduct research to designate products eligible for the tax credit allowed by this Act.","title":"To amend the Internal Revenue Code of 1986 to provide market-based manufacturing incentives, and for other purposes.","text_len":15065,"sum_len":434} {"bill_id":"103_hr3041","text":"SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.\n\n (a) Requirements for Use of Labels.--No product may bear a label \nwhich states or suggests that the product was made in America unless--\n (1) the product has been registered with the Department of \n Commerce under subsection (b); and\n (2) the Secretary of Commerce has determined that--\n (A) not less than 60 percent of the product was \n manufactured in the United States; and\n (B) final assembly of the product took place in the \n United States.\n (b) Registry of American-Made Products.--Not later than 12 months \nafter the Secretary has promulgated regulations regarding the \nregistration of products with the Department of Commerce under this \nsection, a person shall register with the Department of Commerce any \nproduct on which there is or will be affixed a label which states or \nsuggests that the product was made in America.\n (c) Penalties for Fraudulent Use of Labels.--\n (1) Civil fine.--Any person who, with an intent to defraud \n or mislead, places on a product a label which states or \n suggests that the product was ``made in America'' in violation \n of this section may be assessed a civil penalty by the \n Secretary of not more than $100,000. The Secretary may issue an \n order assessing such civil penalty only after notice and an \n opportunity for an agency hearing on the record. The validity \n of such order may not be reviewed in an action to collect such \n civil penalty.\n (2) Injunctive relief.--The Secretary may bring an action \n to enjoin the violation of, or to compel compliance with, this \n section, whenever the Secretary believes that such a violation \n has occurred or is about to occur.\n (d) Regulations.--Not later than 12 months after the date of the \nenactment of this Act, the Secretary shall promulgate regulations \nestablishing procedures under which a person shall register a product \nunder this section.\n (e) Definitions.--For purposes of this section:\n (1) Label.--The term ``label'' means any written, printed, \n or graphic matter on, or attached to, a product or any of its \n containers or wrappers.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n\nSEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT \n OF IMPORTED ARTICLES.\n\n (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. \n1304) is amended as follows:\n (1) Subsections (f), (g), and (h) are redesignated as \n subsections (g), (h), and (i), respectively.\n (2) The following new subsection is inserted after \n subsection (e):\n ``(f) Additional Foreign Content Marking.--If an article of foreign \norigin is required to be marked under subsection (a), or its container \nis required to be marked under subsection (b), and such article is \nassembled, in whole or part, from parts that are the product of one or \nmore foreign countries that are not the country of origin for purposes \nof subsection (a) or (b), the article or container shall be marked in \nsuch manner as to indicate, or shall be accompanied by such written, \nprinted, or graphic matter that indicates, in English to the ultimate \npurchaser in the United States the proportion of the customs value of \nsuch article that is accounted for by the parts from each such foreign \ncountry.''.\n (3) Subsection (g) (as redesignated by paragraph (1)) is \n amended by striking out ``section,'' and inserting ``section \n (including the requirements relating to parts valuation under \n subsection (f)),''.\n (4) Subsection (h) (as redesignated by paragraph (1)) is \n amended by striking out ``subsection (f)'' and inserting \n ``subsection (g)''.\n (b) Effective Date.--The amendments made by subsection (a) apply \nwith respect to articles entered, or withdrawn from warehouse for \nconsumption, on or after the 15th day after the date of the enactment \nof this Act.\n\nSEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS.\n\n (a) Requirements for Use of Labels.--Any product which is \nmanufactured in the United States and which is assembled, in whole or \nin part, from any part that is the product of a foreign country shall, \nin its labeling for the ultimate purchaser in the United States--\n (1) disclose the country of origin of such part, and\n (2) state the proportion of the cost of such product which \n is accounted for by such part.\n (b) Penalties for Violations of Subsection (a).--\n (1) Civil fine.--Any person who, with an intent to defraud \n or mislead, fails to label a product in accordance with \n subsection (a) may be assessed a civil penalty by the Secretary \n of not more than $100,000. The Secretary may issue an order \n assessing such civil penalty only after notice and an \n opportunity for an agency hearing on the record. The validity \n of such order may not be reviewed in an action to collect such \n civil penalty.\n (2) Injunctive relief.--The Secretary may bring an action \n to enjoin the violation of, or to compel compliance with, \n subsection (a), whenever the Secretary believes that such a \n violation has occurred or is about to occur.\n (c) Regulations.--Not later than 12 months after the date of the \nenactment of this Act, the Secretary shall promulgate regulations \nrespecting labeling of products under subsection (a).\n (d) Definitions.--For purposes of this section, the term \n``Secretary'' means the Secretary of Commerce.","summary":"Prohibits a label on a product stating that the product was made in America unless: (1) the product is registered with the Department of Commerce as required by this Act. (2) at least 60 percent of the product was manufactured in the United States. And (3) final assembly took place in this country. Amends the Tariff Act of 1930 to require products to provide additional information to consumers regarding the foreign content of imported articles. Requires any product manufactured in this country and which is assembled with a part from a foreign country to state on its label: (1) the country of origin of such part. And (2) the proportion of the cost of such product which is accounted for by such part. Sets forth penalties for violating provisions of this Act.","title":"To eliminate deception in product labelling or marking with regard to the country of origin of merchandise and merchandise parts.","text_len":5830,"sum_len":766} {"bill_id":"111_hr2217","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Credit Card Transparency Act \nof 2009''.\n\nSEC. 2. COLLEGE CREDIT CARD AGREEMENTS.\n\n (a) In General.--Section 127 of the Truth in Lending Act is amended \nby adding at the end the following new subsection:\n ``(i) College Card Agreements.--\n ``(1) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n ``(A) College affinity card.--The term `college \n affinity card' means a credit card issued by a credit \n card issuer under an open end consumer credit plan in \n conjunction with an agreement between the issuer and an \n institution of higher education, or an alumni \n organization or foundation affiliated with or related \n to such institution, under which such cards are issued \n to college students who have an affinity with such \n institution, organization and--\n ``(i) the creditor has agreed to donate a \n portion of the proceeds of the credit card to \n the institution, organization, or foundation \n (including a lump sum or 1-time payment of \n money for access);\n ``(ii) the creditor has agreed to offer \n discounted terms to the consumer; or\n ``(iii) the credit card bears the name, \n emblem, mascot, or logo of such institution, \n organization, or foundation, or other words, \n pictures, or symbols readily identified with \n such institution, organization, or foundation.\n ``(B) College student credit card account.--The \n term `college student credit card account' means a \n credit card account under an open end consumer credit \n plan established or maintained for or on behalf of any \n college student.\n ``(C) College student.--The term `college student' \n means an individual who is a full-time or a part-time \n student attending an institution of higher education.\n ``(D) Institution of higher education.--The term \n `institution of higher education' has the same meaning \n as in section 101 and 102 of the Higher Education Act \n of 1965 (20 U.S.C. 1002).\n ``(2) Reports by creditors.--\n ``(A) In general.--Each creditor shall submit an \n annual report to the Board containing the terms and \n conditions of all business, marketing, and promotional \n agreements and college affinity card agreements with an \n institution of higher education, or an alumni \n organization or foundation affiliated with or related \n to such institution, with respect to any college \n student credit card issued to a college student at such \n institution.\n ``(B) Details of report.--The information required \n to be reported under subparagraph (A) includes--\n ``(i) any memorandum of understanding \n between or among a creditor, an institution of \n higher education, an alumni association, or \n foundation that directly or indirectly relates \n to any aspect of any agreement referred to in \n such subparagraph or controls or directs any \n obligations or distribution of benefits between \n or among any such entities;\n ``(ii) the amount of payments from the \n creditor to the institution, organization, or \n foundation during the period covered by the \n report, and the precise terms of any agreement \n under which such amounts are determined; and\n ``(iii) the number of credit card accounts \n covered by any such agreement that were opened \n during the period covered by the report and the \n total number of credit card accounts covered by \n the agreement that were outstanding at the end \n of such period.\n ``(C) Aggregation by institution.--The information \n reported under subparagraph (A) shall be aggregated \n with respect to each institution of higher education or \n alumni organization or foundation affiliated with or \n related to such institution.\n ``(3) Reports by board.--The Board shall submit to the \n Congress, and make available to the public, an annual report \n that lists the information concerning credit card agreements \n submitted to the Board under paragraph (2) by each institution \n of higher education, alumni organization, or foundation.''.\n (b) Study and Report by the Comptroller General.--\n (1) Study.--The Comptroller General of the United States \n shall from time to time review the reports submitted by \n creditors and the marketing practices of creditors to determine \n the impact that college affinity card agreements and college \n student card agreements have on credit card debt.\n (2) Report.--Upon completion of any study under paragraph \n (1), the Comptroller General shall periodically submit a report \n to the Congress on the findings and conclusions of the study, \n together with such recommendations for administrative or \n legislative action as the Comptroller General determines to be \n appropriate.\n (c) Effective Date for Initial Creditor Reports.--The initial \nreports required under paragraph (2)(A) of the amendment made by \nsubsection (a) shall be submitted to the Board of Governors of the \nFederal Reserve System before the end of the 90-day period beginning on \nthe date of the enactment of this Act.","summary":"Student Credit Card Transparency Act of 2009 - Amends the Truth in Lending Act to require creditors to report annually to the Federal Reserve Board on the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with institutions of higher education, or related alumni organizations or foundations, with respect to college student credit cards issued to students at such schools. Directs the Comptroller General to review such reports and creditor marketing practices periodically and report to Congress on the affect college affinity card agreements and college student credit card agreements have on credit card debt.","title":"To amend the Truth in Lending Act to require creditors to report the terms and conditions of all business, marketing, promotional agreements and college affinity card agreements with institutions of higher education and alumni organizations, and for other purposes.","text_len":6431,"sum_len":675} {"bill_id":"115_hr6537","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education Department Civil Rights \nTransparency Act''.\n\nSEC. 2. REPORT BY THE SECRETARY OF EDUCATION.\n\n Section 203(b) of the Department of Education Organization Act (20 \nU.S.C. 3413(b)) is amended by adding at the end the following:\n ``(3) In addition to the requirements under paragraph (1), \n the report required under such paragraph shall include the \n following:\n ``(A) A list of each of the following:\n ``(i) Each educational institution against \n which the Department has received, in the \n preceding year, 1 complaint alleging that the \n institution has violated a Federal civil rights \n law.\n ``(ii) Each educational institution against \n which the Department has received, in the \n preceding year, more than 1 such complaint.\n ``(iii) Each educational institution \n against which the Department has received, in \n the preceding 5 years, more than 3 such \n complaints.\n ``(iv) Each educational institution that, \n during the preceding year, was under \n investigation by the Department for such a \n complaint.\n ``(v) Each educational institution against \n which the Department has received, in the \n preceding year, such a complaint for which the \n Department has not commenced an investigation, \n and which the Department has not dismissed.\n ``(vi) Each educational institution against \n which the Department has received, in the \n preceding year, such a complaint for which the \n Department has dismissed without commencing an \n investigation.\n ``(B) The list of educational institutions \n described in subparagraph (A) shall be disaggregated \n by--\n ``(i) each Federal civil rights law that \n the complaint alleges has been violated by each \n such institution;\n ``(ii) type of educational institution; and\n ``(iii) whether the complaint filed against \n each such institution was processed by the \n Department as a systemic or as a class-action \n complaint.\n ``(C) The list of educational institutions under \n subparagraph (A) shall include--\n ``(i) the date on which the complaint was \n filed against each such institution; and\n ``(ii) the status of the complaint.\n ``(D) In addition to the requirements of \n subparagraphs (B) and (C), the list of institutions \n described in subparagraph (A)(vi) shall include--\n ``(i) the procedural or administrative \n reason for which the complaint was dismissed, \n including--\n ``(I) whether the complaint failed \n to allege--\n ``(aa) a violation of \n Federal law for which the \n Department has administrative \n responsibility or subject \n matter jurisdiction; or\n ``(bb) a violation against \n an educational institution for \n which the Department has \n administrative responsibility \n or personal jurisdiction; and\n ``(II) whether the complainant \n failed to submit a consent form; and\n ``(III) whether the Department \n offered the complainant an opportunity \n to correct the procedural or \n administrative error prior to \n dismissing the complaint.\n ``(E) Any resolution agreement or letter between \n the Department and an educational institution against \n which a complaint described in paragraph (1) has been \n filed, which settled the Department's investigation of \n such complaint.\n ``(F) Any corrective action levied or remedy \n obtained for the preceding year against an educational \n institution for a violation of Federal civil rights law \n pursuant to a resolution agreement or letter, or other \n findings document, the status of such corrective \n actions, and whether the Department is considering \n extending such corrective actions.\n ``(G) With respect to each complaint described in \n subparagraph (A)(vi) which the Department dismissed \n because the Department lacks the administrative \n responsibility, or subject matter or personal \n jurisdiction, for the Federal law that the complaint \n alleges to have been violated or the educational \n institution against which the complaint was filed--\n ``(i) a list of each such educational \n institution and each such Federal law; and\n ``(ii) recommendations on whether Federal \n legislation is necessary for the Department to \n address the complaints described in this \n paragraph.\n ``(H) With respect to each educational institution \n against which a complaint described in subparagraph (A) \n has been filed that the Department investigated and \n found insufficient evidence to support a finding of a \n Federal civil rights law violation, a report explaining \n the basis for such decision.\n ``(I) With respect to each educational institution \n that has had a resolution agreement or corrective \n action that the Department has determined does not need \n to be extended, a report on the basis for the decision \n and how such institution improved with respect to \n compliance with Federal civil rights laws.\n ``(J) In a case in which a decision by the \n Department to not pursue a complaint or investigation \n relating to an alleged violation of a Federal civil \n rights law was due to the resource constraints of the \n Department for the preceding year, a description of \n which resources the Department needs to fully and \n expeditiously investigate each such complaint received \n by the Department.\n ``(K) Any changes made, in the preceding year, to \n the case processing manual of the Office for Civil \n Rights of the Department.\n ``(4) In paragraph (4):\n ``(A) Complaint.--\n ``(i) In general.--The term `complaint' \n means a written statement to the Department \n alleging that the rights of one or more persons \n have been violated and requesting that the \n Department take action.\n ``(ii) Exclusions.--The term `complaint' \n does not include oral allegations that are not \n reduced to writing, anonymous correspondence, \n courtesy copies of correspondence or a \n complaint filed with or otherwise submitted to \n another person or other entity, or inquiries \n that seek advice or information but do not seek \n action or intervention from the Department.\n ``(B) Educational institution.--The term \n `educational institution' has the meaning given the \n term in section 901(c) of the Education Amendments of \n 1972 (20 U.S.C. 1681(c)).\n ``(C) Federal civil rights law.--The term `Federal \n civil rights law' includes--\n ``(i) title IX of the Education Amendments \n of 1972 (20 U.S.C. 1681 et seq.);\n ``(ii) the Civil Rights Act of 1964 (42 \n U.S.C. 2000a et seq.);\n ``(iii) the Age Discrimination Act of 1975 \n (42 U.S.C. 6101 et seq.);\n ``(iv) the Americans with Disabilities Act \n of 1990 (42 U.S.C. 12101 et seq.);\n ``(v) the Boy Scouts of America Equal \n Access Act (20 U.S.C. 7905);\n ``(vi) the Rehabilitation Act of 1973 (29 \n U.S.C. 701 et seq.); and\n ``(vii) any other law for which the Office \n for Civil Rights of the Department of Education \n has administrative responsibility.''.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that the Secretary of Education should \nprotect any personally identifying information of an individual named \nin a complaint or other document, which may be subject to public \nrelease under paragraph (3) of section 203(b) of the Department of \nEducation Organization Act (20 U.S.C. 3413(b)), as added by this Act.","summary":"Education Department Civil Rights Transparency Act This bill amends the Department of Education Organization Act to require the Office for Civil Rights of the Department of Education (ED) to include in an annual report to ED, the President, and Congress specifiednbsp, information regarding federal civil rights violations bynbsp, educational institutions.","title":"Education Department Civil Rights Transparency Act","text_len":10587,"sum_len":356} {"bill_id":"112_hr2074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Sexual Assault Prevention \nand Health Care Enhancement Act''.\n\nSEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT \n INCIDENTS AND OTHER SAFETY INCIDENTS.\n\n (a) Policy.--Subchapter I of chapter 17 of title 38, United States \nCode, is amended by adding at the end the following:\n``Sec. 1709. Comprehensive policy on reporting and tracking sexual \n assault incidents and other safety incidents\n ``(a) Policy Required.--Not later than March 1, 2012, the Secretary \nof Veterans Affairs shall develop and implement a centralized and \ncomprehensive policy on the reporting and tracking of sexual assault \nincidents and other safety incidents that occur at each medical \nfacility of the Department, including--\n ``(1) suspected, alleged, attempted, or confirmed cases of \n sexual assault, regardless of whether such assaults lead to \n prosecution or conviction;\n ``(2) criminal and purposefully unsafe acts;\n ``(3) alcohol or substance abuse related acts (including by \n employees of the Department); and\n ``(4) any kind of event involving alleged or suspected \n abuse of a patient.\n ``(b) Scope.--The policy required by subsection (a) shall cover \neach of the following:\n ``(1) For purposes of reporting and tracking sexual assault \n incidents and other safety incidents, definitions of the \n terms--\n ``(A) `safety incident';\n ``(B) `sexual assault'; and\n ``(C) `sexual assault incident'.\n ``(2) The development and use of specific risk-assessment \n tools to examine any risks related to sexual assault that a \n veteran may pose while being treated at a medical facility of \n the Department, including clear and consistent guidance on the \n collection of information related to--\n ``(A) the legal history of the veteran; and\n ``(B) the medical record of the veteran.\n ``(3) The mandatory training of employees of the Department \n on security issues, including awareness, preparedness, \n precautions, and police assistance.\n ``(4) The mandatory implementation, use, and regular \n testing of appropriate physical security precautions and \n equipment, including surveillance camera systems, computer-\n based panic alarm systems, stationary panic alarms, and \n electronic portable personal panic alarms.\n ``(5) Clear, consistent, and comprehensive criteria and \n guidance with respect to an employee of the Department \n communicating and reporting sexual assault incidents and other \n safety incidents to--\n ``(A) supervisory personnel of the employee at--\n ``(i) a medical facility of the Department;\n ``(ii) an office of a Veterans Integrated \n Service Network; and\n ``(iii) the central office of the Veterans \n Health Administration; and\n ``(B) a law enforcement official of the Department.\n ``(6) Clear and consistent criteria and guidelines with \n respect to an employee of the Department referring and \n reporting to the Office of Inspector General of the Department \n sexual assault incidents and other safety incidents that meet \n the regulatory criminal threshold in accordance with section \n 1.201 and 1.204 of title 38, Code of Federal Regulations.\n ``(7) An accountable oversight system within the Veterans \n Health Administration that includes--\n ``(A) systematic information sharing of reported \n sexual assault incidents and other safety incidents \n among officials of the Administration who have \n programmatic responsibility; and\n ``(B) a centralized reporting, tracking, and \n monitoring system for such incidents.\n ``(8) Consistent procedures and systems for law enforcement \n officials of the Department with respect to investigating, \n tracking, and closing reported sexual assault incidents and \n other safety incidents.\n ``(9) Clear and consistent guidance for the clinical \n management of the treatment of sexual assaults that are \n reported more than 72 hours after the assault.\n ``(c) Updates to Policy.--The Secretary shall review and revise the \npolicy required by subsection (a) on a periodic basis as the Secretary \nconsiders appropriate and in accordance with best practices.\n ``(d) Annual Report.--(1) Not later than 60 days after the date on \nwhich the Secretary develops the policy required by subsection (a), and \nby not later than October 1 of each year thereafter, the Secretary \nshall submit to the Committee on Veterans' Affairs of the House of \nRepresentatives and the Committee on Veterans' Affairs of the Senate a \nreport on the implementation of the policy.\n ``(2) The report under paragraph (1) shall include--\n ``(A) the number and type of sexual assault incidents and \n other safety incidents reported by each medical facility of the \n Department;\n ``(B) a detailed description of the implementation of the \n policy required by subsection (a), including any revisions made \n to such policy from the previous year; and\n ``(C) the effectiveness of such policy on improving the \n safety and security of the medical facilities of the \n Department, including the performance measures used to evaluate \n such effectiveness.\n ``(e) Regulations.--The Secretary shall prescribe regulations to \ncarry out this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding after the item relating to section \n1708 the following:\n\n``1709. Comprehensive policy on reporting and tracking sexual assault \n incidents and other safety incidents.''.\n (c) Interim Report.--Not later than 30 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto the Committee on Veterans' Affairs of the House of Representatives \nand the Committee on Veterans' Affairs of the Senate a report on the \ndevelopment of the performance measures described in section \n1709(d)(2)(C) of title 38, United States Code, as added by subsection \n(a).\n\nSEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING \n HOME CARE PROVIDED BY STATE HOMES.\n\n (a) In General.--\n (1) Contracts and agreements for nursing home care.--\n Section 1745(a) of title 38, United States Code, is amended--\n (A) in paragraph (1), by striking ``The Secretary \n shall pay each State home for nursing home care at the \n rate determined under paragraph (2)'' and inserting \n ``The Secretary shall enter into a contract (or \n agreement under section 1720(c)(1) of this title) with \n each State home for payment by the Secretary for \n nursing home care provided in the home''; and\n (B) by striking paragraph (2) and inserting the \n following new paragraph (2):\n ``(2) Payment under each contract (or agreement) between the \nSecretary and a State home under paragraph (1) shall be based on a \nmethodology, developed by the Secretary in consultation with the State \nhome, to adequately reimburse the State home for the care provided by \nthe State home under the contract (or agreement).''.\n (2) State nursing homes.--Section 1720(c)(1)(A) of such \n title is amended--\n (A) in clause (i), by striking ``; and'' and \n inserting a semicolon;\n (B) in clause (ii), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following new clause:\n ``(iii) a provider of services eligible to enter into a \n contract pursuant to section 1745(a) of this title who is not \n otherwise described in clause (i) or (ii).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to care provided on or after January 1, 2012.\n\nSEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN \n INJURY.\n\n (a) Rehabilitation Plans and Services.--Section 1710C of title 38, \nUnited States Code, is amended--\n (1) in subsection (a)(1), by inserting before the semicolon \n the following: ``with the goal of maximizing the individual's \n independence'';\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) by inserting ``(and sustaining \n improvement in)'' after ``improving'';\n (ii) by inserting ``behavioral,'' after \n ``cognitive'';\n (B) in paragraph (2), by inserting ``rehabilitative \n services and'' before ``rehabilitative components''; \n and\n (C) in paragraph (3)--\n (i) by striking ``treatments'' the first \n place it appears and inserting ``services''; \n and\n (ii) by striking ``treatments and'' the \n second place it appears; and\n (3) by adding at the end the following new subsection:\n ``(h) Rehabilitative Services Defined.--For purposes of this \nsection, and sections 1710D and 1710E of this title, the term \n`rehabilitative services' includes--\n ``(1) rehabilitative services, as defined in section 1701 \n of this title;\n ``(2) treatment and services (which may be of ongoing \n duration) to sustain, and prevent loss of, functional gains \n that have been achieved; and\n ``(3) any other rehabilitative services or supports that \n may contribute to maximizing an individual's independence.''.\n (b) Rehabilitation Services in Comprehensive Program for Long-term \nRehabilitation.--Section 1710D(a) of title 38, United States Code, is \namended--\n (1) by inserting ``and rehabilitative services (as defined \n in section 1710C of this title)'' after ``long-term care''; and\n (2) by striking ``treatment''.\n (c) Rehabilitation Services in Authority for Cooperative Agreements \nfor Use of Non-Department Facilities for Rehabilitation.--Section \n1710E(a) of title 38, United States Code, is amended by inserting ``, \nincluding rehabilitative services (as defined in section 1710C of this \ntitle),'' after ``medical services''.\n (d) Technical Amendment.--Section 1710C(c)(2)(S) of title 38, \nUnited States Code, is amended by striking ``opthamologist'' and \ninserting ``ophthalmologist''.\n\nSEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS \n AFFAIRS.\n\n Section 901 of title 38, United States Code, is amended by adding \nat the end the following new subsection:\n ``(f) The Secretary may not prohibit the use of service dogs in any \nfacility or on any property of the Department or in any facility or on \nany property that receives funding from the Secretary.''.\n\nSEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING \n THERAPY.\n\n (a) In General.--Commencing not later than 120 days after the date \nof the enactment of this Act, the Secretary of Veterans Affairs shall \nimplement a three-year pilot program for the purpose of assessing the \neffectiveness of using dog training activities as a component of \nintegrated post-deployment mental health and post-traumatic stress \ndisorder rehabilitation programs at Department of Veterans Affairs \nmedical centers to positively affect veterans with post-deployment \nmental health conditions and post-traumatic stress disorder symptoms \nand, through such activities, to produce specially trained dogs that \nmeet criteria for becoming service dogs for veterans with disabilities.\n (b) Location of Pilot Program.--The pilot program shall be carried \nout at one Department of Veterans Affairs medical center selected by \nthe Secretary for such purpose at a location other than in the \nDepartment of Veterans Affairs Palo Alto health care system in Palo \nAlto, California. In selecting a medical center for the pilot program, \nthe Secretary shall--\n (1) ensure that the medical center selected--\n (A) has an established mental health rehabilitation \n program that includes a clinical focus on \n rehabilitation treatment of post-deployment mental \n health conditions and post-traumatic stress disorder; \n and\n (B) has a demonstrated capability and capacity to \n incorporate service dog training activities into the \n rehabilitation program; and\n (2) shall review and consider using recommendations \n published by Assistance Dogs International, International Guide \n Dog Federation, or comparably recognized experts in the art and \n science of basic dog training with regard to space, equipments, \n and methodologies.\n (c) Design of Pilot Program.--In carrying out the pilot program, \nthe Secretary shall--\n (1) administer the program through the Department of \n Veterans Affairs Patient Care Services Office as a \n collaborative effort between the Rehabilitation Office and the \n Office of Mental Health Services;\n (2) ensure that the national pilot program lead of the \n Patient Care Services Office has sufficient administrative \n experience to oversee the pilot program;\n (3) establish partnerships through memorandums of \n understanding with Assistance Dogs International organizations, \n International Guide Dog Federation organizations, academic \n affiliates, or organizations with equivalent credentials with \n experience in teaching others to train service dogs for the \n purpose of advising the Department of Veterans Affairs \n regarding the design, development, and implementation of pilot \n program;\n (4) ensure that the pilot program site has a service dog \n training instructor;\n (5) ensure that dogs selected for use in the program meet \n all health clearance, age, and temperament criteria as outlined \n by Assistance Dogs International, International Guide Dog \n Federation, or an organization with equivalent credentials and \n the Centers for Disease Control and Prevention;\n (6) consider dogs residing in animal shelters or foster \n homes for participation in the program if such dogs meet the \n selection criteria under this subsection; and\n (7) ensure that each dog selected for the program is taught \n all basic commands and behaviors essential to being accepted by \n an accredited service dog training organization to be partnered \n with a disabled veteran for final individualized service dog \n training tailored to meet the needs of the veteran.\n (d) Veteran Participation.--A veteran who is enrolled in the health \ncare system established under section 1705(a) of title 38, United \nStates Code, and is diagnosed with post-traumatic stress disorder or \nanother post-deployment mental health condition may volunteer to \nparticipate in the pilot program required by subsection (a) of this \nsection and may participate in the program if the Secretary determines \nthat adequate program resources are available for such veteran to \nparticipate at the pilot program site.\n (e) Hiring Preference.--In hiring service dog training instructors \nfor the pilot program required by subsection (a), the Secretary shall \ngive a preference to veterans in accordance with section 2108 and 3309 \nof title 5, United States Code.\n (f) Collection of Data.--The Secretary shall collect data on the \npilot program required by subsection (a) to determine the effectiveness \nof the program in positively affecting veterans with post-traumatic \nstress disorder or other post-deployment mental health condition \nsymptoms and the potential for expanding the program to additional \nDepartment of Veterans Affairs medical centers. Such data shall be \ncollected and analyzed using valid and reliable methodologies and \ninstruments.\n (g) Reports to Congress.--\n (1) Annual reports.--Not later than one year after the date \n of the commencement of the pilot program, and annually \n thereafter for the duration of the pilot program, the Secretary \n shall submit to Congress a report on the pilot program. Each \n such report shall include--\n (A) the number of veterans participating in the \n pilot program;\n (B) a description of the services carried out by \n the Secretary under the pilot program; and\n (C) the effects that participating in the pilot \n program has on veterans with post-traumatic stress \n disorder and post-deployment mental health conditions.\n (2) Final report.--At the conclusion of pilot program, the \n Secretary shall submit to Congress a final report that includes \n recommendations with respect to the extension or expansion of \n the pilot program.\n (h) Definition.--For the purposes of this section, the term \n``service dog training instructor'' means an instructor recognized by \nan accredited dog organization training program who provides hands-on \ntraining in the art and science of service dog training and handling.\n\nSEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING FOR NURSE POSITIONS.\n\n Section 7451(e) of title 38, United States Code, is amended--\n (1) by striking paragraph (5); and\n (2) by redesignating paragraph (6) as paragraph (5).\n\n Passed the House of Representatives October 11, 2011.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Veterans Sexual Assault Prevention and Health Care Enhancement Act - Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools, (2) mandatory security training, (3) physical security precautions. (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General, (5) an oversight system within the Veterans Health Administration. (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents. And (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation. Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers. Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of rehabilitative services treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans. Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding. Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers. And (2) report annually to Congress for the duration of the pilot program. Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.","title":"To amend title 38, United States Code, to require a comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents that occur at medical facilities of the Department of Veterans Affairs, to improve rehabilitative services for veterans with traumatic brain injury, and for other purposes.","text_len":18702,"sum_len":3327} {"bill_id":"108_hr4587","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Defense Office of the \nVictim Advocate Act of 2004''.\n\nSEC. 2. ESTABLISHMENT OF OFFICE OF THE VICTIM ADVOCATE IN DEPARTMENT OF \n DEFENSE.\n\n (a) Establishment.--Part II of subtitle A of title 10, United \nStates Code, is amended by adding at the end the following new chapter:\n\n ``CHAPTER 90--OFFICE OF THE VICTIM ADVOCATE\n\n``Sec.\n``1811. Office of the Victim Advocate: establishment; Director.\n``1812. Office of the Victim Advocate: functions.\n``1813. Annual report.\n``Sec. 1811. Office of the Victim Advocate: establishment; Director\n ``(a) Establishment.--There is in the Office of the Secretary of \nDefense an Office of the Victim Advocate. The office shall have \nresponsibility for coordination of programs and activities of the \nmilitary departments to the extent that they relate to victims of \ninterpersonal violence among members of the armed forces or between \nmembers of the armed forces and family members and partners (including \nformer spouses, children, significant others, children-in-common, girl \nfriends, and boy friends).\n ``(b) Director.--The head of the Office is a Director.\n ``(c) Victim Defined.--In this chapter, the term `victim' means a \nperson who is the victim of sexual misconduct or interpersonal violence \nwhich--\n ``(1) in the case of a person who is a member of the armed \n forces, is carried out by another member of the armed forces or \n a family member or intimate partner; and\n ``(2) in the case of a person who is not member of the \n armed forces, is carried out by a member of the armed forces \n who is a family member or intimate partner of that person.\n``Sec. 1812. Office of the Victim Advocate: functions\n ``(a) Coordination Functions.--The Director of the Office of the \nVictim Advocate shall carry out the following coordination functions:\n ``(1) Coordinate programs and activities of the military \n departments relative to care, services, and treatment for \n victims.\n ``(2) Serve as headquarters program manager for the victim \n advocates and the victim service specialists in the Department \n of Defense authorized by law.\n ``(3) Coordinate services for victims among military and \n civilian communities and provide guidance to victims in \n obtaining those services.\n ``(b) Evaluation and Review Functions.--The Director of the Office \nof the Victim Advocate shall carry out the following evaluation and \nreview functions:\n ``(1) Evaluate the prevalence of interpersonal violence \n associated with members of the armed forces.\n ``(2) Evaluate the programs established by the military \n departments providing services to victims of interpersonal \n violence.\n ``(3) Evaluate the delivery of services by the military \n departments to victims of interpersonal violence.\n ``(4) Review the facilities of the military departments \n providing services to victims of interpersonal violence.\n ``(5) Review the hotline programs for victims of violence, \n including command and installation hotlines, the National \n Domestic Violence Hotline, and the National Sexual Assault \n Hotline.\n ``(6) Review disciplinary actions taken against members of \n the armed forces who commit acts of interpersonal violence.\n ``(c) Policy Functions.--The Director of the Office of the Victim \nAdvocate shall carry out the following policy functions:\n ``(1) Recommend to the Secretaries of the military \n departments policies, protocols, and programs to enhance \n services to victims.\n ``(2) Recommend changes to policies and procedures to \n address sexual misconduct and intimate partner violence.\n ``(3) Establish system accountability standards.\n ``(4) Develop protocols for accountability of commanders in \n response to incidents of violence.\n ``(5) Serve, or designate a person to serve, on any \n fatality review panel established by the Secretary of a \n military department under section 4061, 6036, or 9061 of this \n title.\n ``(d) Education and Training Functions.--The Director of the Office \nof the Victim Advocate shall carry out the following education and \ntraining functions:\n ``(1) Conduct education and training within the armed \n forces.\n ``(2) Conduct training and technical assistance (including \n programs referred to as Life Skills program) for commands, \n Family Advocacy Programs, victim witness assistance liaisons, \n commissions, medical personnel, and law enforcement, security \n forces, and the Judge Advocate General Corps.\n ``(3) Conduct programs of public education.\n``Sec. 1813. Annual report\n ``(a) Report to the Secretary of Defense.--The Director of the \nOffice of the Victim Advocate shall submit to the Secretary of Defense \nan annual report containing an assessment of the current state of \naffairs within the military departments relative to interpersonal \nviolence and sexual misconduct. The report shall include proposed \ninitiatives to enhance the response of the military departments to \ninterpersonal violence and sexual misconduct.\n ``(b) Report to Congress.--The Secretary of Defense shall transmit \nto Congress each report received from the Director under subsection \n(a), together with the Secretary's comments thereon.''.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated for fiscal year 2005 for \nOperation and Maintenance, Defense-Wide, the amount of $10,000,000 to \ncarry out the functions of the Office of the Victim Advocate in the \nDepartment of Defense.","summary":"Department of Defense Office of the Victim Advocate Act of 2004 - Establishes an Office of the Victim Advocate within the Office of the Secretary of Defense to assist victims of sexual misconduct and interpersonal violence occurring among members of the Armed Forces or between members of the Armed Forces and family members and partners. Requires the Director of the Office to carry out specified coordination, evaluation and review, policy, and education and training functions, and to submit to the Secretary an annual report assessing the current state of affairs within military departments relative to interpersonal violence and sexual misconduct. Requires the Secretary to transmit the Director's report to Congress with additional comments.","title":"To amend title 10, United States Code, to establish in the Department of Defense an Office of the Victim Advocate, to prescribe the functions of that office, and for other purposes.","text_len":5917,"sum_len":748} {"bill_id":"113_hr1176","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Centennial Monetary Commission Act \nof 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Constitution endows Congress with the power ``to \n coin money, regulate the value thereof''.\n (2) Following the financial crisis known as the Panic of \n 1907, Congress established the National Monetary Commission to \n provide recommendations for the reform of the financial and \n monetary systems of the United States.\n (3) Incorporating several of the recommendations of the \n National Monetary Commission, Congress created the Federal \n Reserve System in 1913. As currently organized, the Federal \n Reserve System consists of the Board of Governors in \n Washington, District of Columbia, and the Federal Reserve Banks \n organized into 12 districts around the United States. The \n stockholders of the 12 Federal Reserve Banks include national \n and certain state-chartered commercial banks, which operate on \n a fractional reserve basis.\n (4) Originally, Congress gave the Federal Reserve a \n monetary mandate to provide an elastic currency, within the \n context of a gold standard, in response to seasonal \n fluctuations in the demand for currency.\n (5) Congress also gave the Federal Reserve a financial \n stability mandate to serve as the lender of last resort to \n solvent but illiquid banks during a financial crisis.\n (6) In 1977, Congress changed the monetary mandate of the \n Federal Reserve to a dual mandate for maximum employment and \n stable prices.\n (7) Empirical studies and historical evidence, both within \n the United States and in other countries, demonstrate that \n price stability is desirable because both inflation and \n deflation damage the economy.\n (8) The economic challenge of recent years--most notably \n the bursting of the housing bubble, the financial crisis of \n 2008, and the ensuing anemic recovery--have occurred at great \n cost in terms of lost jobs and output.\n (9) Policymakers are reexamining the structure and \n functioning of financial institutions and markets to determine \n what, if any, changes need to be made to place the financial \n system on a stronger, more sustainable path going forward.\n (10) The Federal Reserve has taken extraordinary actions in \n response to the recent economic challenges.\n (11) The Federal Open Market Committee has engaged in \n multiple rounds of quantitative easing, providing unprecedented \n liquidity to financial markets, while committing to holding \n short-term interest rates low for a seemingly indefinite \n period, and pursuing a policy of credit allocation by \n purchasing Federal agency debt and mortgage-backed securities.\n (12) In the wake of the recent extraordinary actions of the \n Federal Reserve, Congress--consistent with its constitutional \n responsibilities and as it has done periodically throughout the \n history of the United States--has once again renewed its \n examination of monetary policy.\n (13) Central in such examination has been a renewed look at \n what is the most proper mandate for the Federal Reserve to \n conduct monetary policy in the 21st century.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the ``Centennial \nMonetary Commission'' (in this Act referred to as the ``Commission'').\n\nSEC. 4. DUTIES.\n\n (a) Study of Monetary Policy.--The Commission shall--\n (1) examine how United States monetary policy since the \n creation of the Board of Governors of the Federal Reserve \n System in 1913 has affected the performance of the United \n States economy in terms of output, employment, prices, and \n financial stability over time;\n (2) evaluate various operational regimes under which the \n Board of Governors of the Federal Reserve System and the \n Federal Open Market Committee may conduct monetary policy in \n terms achieving the maximum sustainable level of output and \n employment and price stability over the long term, including--\n (A) discretion in determining monetary policy \n without an operational regime;\n (B) price level targeting;\n (C) inflation rate targeting;\n (D) nominal gross domestic product targeting (both \n level and growth rate);\n (E) the use of monetary policy rules; and\n (F) the gold standard; and\n (3) recommend a course for United States monetary policy \n going forward, including--\n (A) the legislative mandate;\n (B) the operational regime;\n (C) the securities used in open market operations; \n and\n (D) transparency issues.\n (b) Report on Monetary Policy.--Not later than June 30, 2014, the \nCommission shall submit to Congress and make publicly available a \nreport containing a statement of the findings and conclusions of the \nCommission in carrying out the study under subsection (a), together \nwith the recommendations the Commission considers appropriate.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--\n (1) Voting members by position.--The Commission shall \n contain 6 voting members as follows:\n (A) The Chair of the Joint Economic Committee, who \n shall serve as Chair of the Commission.\n (B) The ranking minority member of the Joint \n Economic Committee, who shall serve as Vice Chair of \n the Commission.\n (C) The Chair of the Committee on Financial \n Services of the House of Representatives or another \n majority member of such Committee designated by the \n Chair.\n (D) The ranking minority member of the Committee on \n Financial Services of the House of Representatives or \n another minority member of such Committee designated by \n the ranking minority member.\n (E) The Chair of the Committee on Banking, Housing, \n and Urban Affairs of the Senate or another majority \n member of such Committee designated by the Chair.\n (F) The ranking minority member of the Committee on \n Banking, Housing, and Urban Affairs of the Senate or \n another minority member of such Committee designated by \n the ranking minority member.\n (2) Appointed voting members.--The Commission shall contain \n 6 voting members, who may not be Members of Congress, as \n follows:\n (A) Two members appointed by the Speaker of the \n House of Representatives.\n (B) One member appointed by the minority leader of \n the House of Representatives.\n (C) Two members appointed by the majority leader of \n the Senate.\n (D) One member appointed by the minority leader of \n the Senate.\n (3) Non-voting members.--The Commission shall contain 2 \n non-voting members as follows:\n (A) One member appointed by the Secretary of the \n Treasury.\n (B) One member who is the president of a district \n Federal reserve bank appointed by the Chair of the \n Board of Governors of the Federal Reserve System.\n (b) Period of Appointment.--Each member shall be appointed for the \nlife of the Commission.\n (c) Timing of Appointment.--All members of the Commission shall be \nappointed not before January 5, 2013, and not later than 30 days after \nthe date of the enactment of this Act.\n (d) Vacancies.--A vacancy in the Commission shall not affect its \npowers, and shall be filled in the manner in which the original \nappointment was made.\n (e) Meetings.--\n (1) Initial meeting.--The Commission shall hold its initial \n meeting and begin the operations of the Commission as soon as \n is practicable.\n (2) Further meetings.--The Commission shall meet upon the \n call of the Chair or a majority of its members.\n (f) Quorum.--Seven voting members of the Commission shall \nconstitute a quorum but a lesser number may hold hearings.\n (g) Member of Congress Defined.--In this section, the term ``Member \nof Congress'' means a Senator or a Representative in, or Delegate or \nResident Commissioner to, the Congress.\n\nSEC. 6. POWERS.\n\n (a) Hearings and Sessions.--The Commission or, on the authority of \nthe Commission, any subcommittee or member thereof, may, for the \npurpose of carrying out this Act, hold hearings, sit and act at times \nand places, take testimony, receive evidence, or administer oaths as \nthe Commission or such subcommittee or member thereof considers \nappropriate.\n (b) Contract Authority.--To the extent or in the amounts provided \nin advance in appropriation Acts, the Commission may contract with and \ncompensate government and private agencies or persons to enable the \nCommission to discharge its duties under this Act, without regard to \nsection 3709 of the Revised Statutes (41 U.S.C. 5).\n (c) Obtaining Official Data.--\n (1) In general.--The Commission is authorized to secure \n directly from any executive department, bureau, agency, board, \n commission, office, independent establishment, or \n instrumentality of the Government, any information, including \n suggestions, estimates, or statistics, for the purposes of this \n Act.\n (2) Requesting official data.--The head of such department, \n bureau, agency, board, commission, office, independent \n establishment, or instrumentality of the government shall, to \n the extent authorized by law, furnish such information upon \n request made by--\n (A) the Chair;\n (B) the Chair of any subcommittee created by a \n majority of the Commission; or\n (C) any member of the Commission designated by a \n majority of the commission to request such information.\n (d) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the Commission on a \n reimbursable basis administrative support and other services \n for the performance of the functions of the Commission.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed in paragraph (1), at the request of the \n Commission, departments and agencies of the United States shall \n provide such services, funds, facilities, staff, and other \n support services as may be authorized by law.\n (e) Postal Service.--The Commission may use the United States mails \nin the same manner and under the same conditions as other departments \nand agencies of the United States.\n\nSEC. 7. COMMISSION PERSONNEL.\n\n (a) Appointment and Compensation of Staff.--\n (1) In general.--Subject to rules prescribed by the \n Commission, the Chair may appoint and fix the pay of the \n executive director and other personnel as the Chair considers \n appropriate.\n (2) Applicability of civil service laws.--The staff of the \n Commission may be appointed without regard to the provisions of \n title 5, United States Code, governing appointments in the \n competitive service, and may be paid without regard to the \n provisions of chapter 51 and subchapter III of chapter 53 of \n that title relating to classification and General Schedule pay \n rates, except that an individual so appointed may not receive \n pay in excess of level V of the Executive Schedule.\n (b) Consultants.--The Commission may procure temporary and \nintermittent services under section 3109(b) of title 5, United States \nCode, but at rates for individuals not to exceed the daily equivalent \nof the rate of pay for a person occupying a position at level IV of the \nExecutive Schedule.\n (c) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of such department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 8. TERMINATION.\n\n (a) In General.--The Commission shall terminate on February 28, \n2015.\n (b) Administrative Activities Before Termination.--The Commission \nmay use the period between the submission of its report and its \ntermination for the purpose of concluding its activities, including \nproviding testimony to committee of Congress concerning its report.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act and such sums shall remain available \nuntil the date on which the Commission terminates.","summary":"Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how US monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the US economy in terms of output, employment, prices, and financial stability over time. (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term. And (3) recommend a course for US monetary policy going forward.","title":"Centennial Monetary Commission Act of 2013","text_len":13594,"sum_len":616} {"bill_id":"112_s1475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nellis Dunes National Off-Highway \nVehicle Recreation Area Act of 2011''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) City.--The term ``City'' means the city of North Las \n Vegas, Nevada.\n (2) County.--The term ``County'' means Clark County, \n Nevada.\n (3) Economic support area.--The term ``Economic Support \n Area'' means the land identified on the map as the ``Economic \n Support Area''.\n (4) Federal land.--The term ``Federal land'' means the \n approximately 1,211 acres of Federal land in the County, as \n depicted on the map.\n (5) Map.--The term ``map'' means the map entitled ``Clark \n County Off Highway Vehicle Recreation Park'' and dated July 28, \n 2011.\n (6) Net proceeds.--The term ``net proceeds'' means the \n amount that is equal to the difference between--\n (A) the amount of gross revenues received by the \n County from the development of the Economic Support \n Area; and\n (B) the total amount expended by the County for \n capital improvements to each of the Economic Support \n Area and the Recreation Area.\n (7) Recreation area.--The term ``Recreation Area'' means \n the Nellis Dunes National Off-Highway Vehicle Recreation Area \n designated by section 4(a).\n (8) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (9) State.--The term ``State'' means the State of Nevada.\n\nSEC. 3. CONVEYANCE OF FEDERAL LAND TO CLARK COUNTY, NEVADA.\n\n (a) Conveyance.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall convey to the County, subject to valid \nexisting rights, for no consideration, all right, title, and interest \nof the United States in and to the parcels of Federal land.\n (b) Use of Federal Land.--\n (1) In general.--The parcels of Federal land conveyed under \n subsection (a)--\n (A) shall be used by the County--\n (i) to provide a suitable location for the \n establishment of a centralized off-road vehicle \n recreation park in the County;\n (ii) to provide the public with \n opportunities for off-road vehicle recreation, \n including a location for races, competitive \n events, training and other commercial services \n that directly support a centralized off-road \n vehicle recreation area and County park; and\n (iii) to provide a designated area and \n facilities that would discourage unauthorized \n use of off-highway vehicles in areas that have \n been identified by the Federal Government, \n State government, or County government as \n containing environmentally sensitive land; and\n (B) shall not be disposed of by the County.\n (2) Reversion.--If the County ceases to use any parcel of \n the Federal land for the purposes described in paragraph (1)(A) \n or paragraph (3)--\n (A) title to the parcel shall revert to the United \n States, at the option of the United States; and\n (B) the County shall be responsible for any \n reclamation necessary to revert the parcel to the \n United States.\n (3) Renewable and solar energy.--The Federal land conveyed \n to the County under subsection (a) and the land conveyed to the \n County under section 1(c) of Public Law 107-350 (116 Stat. \n 2975) may be used for the incidental purpose of generating \n renewable energy and solar energy for use by the Clark County \n Off Highway Vehicle Recreation Park, the shooting park \n authorized under Public Law 107-350 (116 Stat. 2975), and the \n County.\n (4) Consultation with the secretary of the air force.--\n (A) Restriction.--Any project authorized under \n paragraph (3) shall not interfere with the national \n security mission of Nellis Air Force Base (or any \n military operation).\n (B) Condition.--Before the construction of any \n proposed project under paragraph (3), the project \n proponent shall consult with the Secretary of Defense \n (or a designee).\n (c) Economic Support Area.--\n (1) Designation.--There is designated the Economic Support \n Area.\n (2) Interlocal agreement.--\n (A) In general.--Before the Economic Support Area \n may be developed, the City and County shall enter into \n an interlocal agreement regarding the development of \n the Economic Support Area.\n (B) City of north las vegas.--As a precondition of \n the development of the Economic Support Area, the \n County shall use the best efforts of the County to \n cooperate with the City to ensure compatible \n development of the Economic Support Area.\n (C) Limitation of agreement.--In no case shall the \n interlocal agreement under this paragraph compromise or \n interfere with the aviation rights provided under \n subsection (f) and section 4(d).\n (D) Future conveyances.--Any future conveyance of \n Federal land for addition to the Clark County Off \n Highway Vehicle Park or the Recreation Area shall be \n subject to--\n (i) the binding interlocal agreement under \n this paragraph; and\n (ii) the aviation easement requirements \n under subsection (f).\n (E) Management plan.--The Secretary, in \n consultation with the Secretary of the Air Force and \n the County, may develop a special management plan for \n the Federal land--\n (i) to enhance public safety and safe off-\n highway recreation use; and\n (ii) to ensure compatible development with \n the mission requirements of the Nellis Air \n Force Base.\n (3) Use of net proceeds.--Of the net proceeds from the \n development of the Economic Support Area, the County shall--\n (A) deposit 50 percent in a special account in the \n Treasury, to be used by the Secretary to develop, \n maintain, and operate the Recreation Area; and\n (B) retain 50 percent, to be used by the County for \n capital improvements and maintaining and operating the \n park established under subsection (b)(1).\n (d) Agreement With Nellis Air Force Base.--\n (1) In general.--Before the Federal land may be conveyed to \n the County under subsection (a), the Clark County Board of \n Commissioners, the Bureau of Land Management, and Nellis Air \n Force Base shall enter into an interlocal agreement for the \n Federal land and the Recreation Area--\n (A) to enhance safe off-highway recreation use; and\n (B) to ensure that development of the Federal land \n is consistent with the long-term mission requirements \n of Nellis Air Force Base.\n (2) Limitation.--The use of the Federal land conveyed \n under subsection (a) shall not compromise the national security \n mission or aviation rights of Nellis Air Force Base.\n (e) Additional Terms and Conditions.--With respect to the \nconveyance of Federal land under subsection (a), the Secretary may \nrequire such additional terms and conditions as the Secretary considers \nto be appropriate to protect the interests of the United States.\n (f) Aviation Easement.--\n (1) In general.--Each deed entered into for the conveyance \n of the Federal land shall contain a perpetual aviation easement \n reserving to the United States all rights necessary to preserve \n free and unobstructed overflight in and through the airspace \n above, over, and across the surface of the Federal land for the \n passage of aircraft owned or operated by any Federal agency or \n other Federal entity.\n (2) Requirements.--Each easement described in paragraph (1) \n shall include such terms and conditions as the Secretary of the \n Air Force determines to be necessary to comply with paragraph \n (1).\n\nSEC. 4. DESIGNATION OF THE NELLIS DUNES NATIONAL OFF-HIGHWAY VEHICLE \n RECREATION AREA.\n\n (a) In General.--The area known as ``Nellis Dunes'' in the Bureau \nof Land Management Resource Management Plan shall be known and \ndesignated as the ``Nellis Dunes National Off-Highway Vehicle \nRecreation Area''.\n (b) Management Plan.--The Director of the Bureau of Land Management \nmay develop a special management plan for the Recreation Area to \nenhance the safe use of off-highway vehicles for recreational purposes.\n (c) Exclusion From National Landscape Conservation System.--The \nRecreation Area shall not be considered to be a unit of the National \nLandscape Conservation System.\n (d) Aviation Rights.--The aviation rights described in section 3(f) \nshall apply to the Recreation Area.\n\nSEC. 5. WITHDRAWAL AND RESERVATION OF LAND FOR NELLIS AIR FORCE BASE.\n\n (a) Withdrawal.--Subject to valid existing rights and except as \notherwise provided in this section--\n (1) the Federal land and interests in Federal land \n identified on the map as land to be withdrawn for Nellis Air \n Force Base are withdrawn from all forms of appropriation under \n the general land laws, including the mining, mineral leasing, \n and geothermal leasing laws; and\n (2) jurisdiction over the land and interest in lands \n withdrawn and reserved by this section is transferred to the \n Secretary of the Air Force.\n (b) Reservation.--The land withdrawn under subsection (a) is \nreserved for use by the Secretary of the Air Force for--\n (1) the enlargement and protection of Nellis Air Force \n Base; or\n (2) other defense-related purposes consistent with the \n purposes of this section.\n (c) Changes in Use.--The Secretary of the Air Force shall consult \nwith the Secretary before using the land withdrawn and reserved by this \nsection for any purpose other than the purposes described in section \n3(b).\n (d) Easement.--The United States reserves--\n (1) a right of flight for the passage of aircraft in the \n airspace above the surface of the Federal land conveyed to the \n County; and\n (2) the right to cause in the airspace any noise, \n vibration, smoke, or other effects that may be inherent in the \n operation of aircraft landing at, or taking off from, Nellis \n Air Force Base.","summary":"Nellis Dunes National Off-Hughway Vehicle Recreation Area Act of 2011 - Directs the Secretary of the Interior to convey specified federal land to Clark County, Nevada, for use for: (1) a centralized off-road vehicle recreation park, and (2) a designated area and facilities to discourage unauthorized use of off-highway vehicles in environmentally sensitive areas. Allows the use of federal land conveyed to Clark County for the incidental purpose of generating renewable energy and solar energy for the Clark County Off Highway Vehicle Recreation Park, a certain shooting park, and the County. Designates: (1) the Economic Support Area (ESA), and (2) the Nellis Dunes as the Nellis Dunes National Off-Highway Vehicle Recreation Area. Requires proceeds from the ESA to be used to develop and operate the Recreation Area and the park. Requires the Clark County Board of Commissioners, the Bureau of Land Management (BLM), and Nellis Air Force Base to enter into an interlocal agreement for the federal land and the Recreation Area to: (1) enhance safe off-highway recreation use, and (2) ensure that development of the federal land is consistent with the long-term mission requirements of Nellis Air Force Base.","title":"A bill to convey certain land to Clark County, Nevada, to designate the Nellis Dunes National Off-Highway Vehicle Recreation Area, and for other purposes.","text_len":11613,"sum_len":1210} {"bill_id":"115_hr4554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Common Access Card Act of \n2017''.\n\nSEC. 2. MEDICARE SMART CARD PILOT PROGRAM.\n\n Part E of title XVIII of the Social Security Act is amended by \ninserting after section 1866E the following new section:\n\n``SEC. 1866F. SMART CARD PILOT PROGRAM.\n\n ``(a) Implementation.--\n ``(1) In general.--Not later than 36 months after the date \n of the enactment of this section, the Secretary shall establish \n a pilot program (in this section referred to as the `pilot \n program') to demonstrate the feasibility of using smart card \n technology under this title.\n ``(2) Smart card technology defined.--In this section, the \n term `smart card technology' means the following:\n ``(A) Beneficiary smart card.--A machine readable, \n fraud- and tamper-resistant card (in this section \n referred to as a `smart card') that includes an \n embedded integrated circuit chip with a secure micro-\n controller that enables the verification and secure, \n electronic authentication of the identity of a Medicare \n beneficiary at the point of service through a \n combination of the smart card and a personal \n identification number known by or associated with such \n beneficiary.\n ``(B) Card reader technology.--Information \n technology that enables a supplier and provider to \n authenticate the identity of a Medicare beneficiary \n through presentation of such a smart card and such \n components, with such authentication to be reflected \n through the use of a modifier or in another appropriate \n manner, as determined by the Secretary, in the claims \n adjudication process.\n ``(3) Program design elements.--The pilot program shall be \n conducted for a period of 3 years consistent with the \n following:\n ``(A) Selection of area.--In consultation with the \n Inspector General of the Department of Health and Human \n Services, the Secretary shall select at least 3 \n geographic areas in which the pilot program will \n operate.\n ``(B) Selection of supplier and provider types.--In \n consultation with the Inspector General of the \n Department of Health and Human Services, the Secretary \n shall select supplier and provider types that will be \n required to participate in the pilot program (referred \n to in this section as `participating suppliers and \n providers'). In selecting such supplier and provider \n types, the Secretary shall--\n ``(i) take into account the risk of fraud, \n waste, and abuse (as described in section \n 1886(j)(2)(B) with respect to the category of \n provider or supplier) and other factors as \n determined appropriate by the Secretary; and\n ``(ii) limit the pilot program to no more \n than 2,000 suppliers and providers.\n ``(C) Supplier and provider hardship exemptions.--\n The Secretary shall exempt from participation in the \n pilot program a supplier or provider that either--\n ``(i) does not have access to card reader \n technology (as described in paragraph (2)(B));\n ``(ii) does not have sufficient internet \n access; or\n ``(iii) has a low volume (as determined by \n the Secretary) of Medicare claims for which \n payment is made under this title.\n ``(D) Beneficiary smart card issuance.--The \n Secretary shall provide for the issuance of beneficiary \n smart cards described in paragraph (2)(A) to all \n Medicare beneficiaries residing in a geographic area in \n which the pilot program is conducted under subparagraph \n (A). Information that appears on Medicare cards used \n outside the pilot program may appear on the face of the \n beneficiary smart card.\n ``(E) Information on operation of pilot program.--\n The Secretary shall provide participating suppliers and \n providers and Medicare beneficiaries who are furnished \n items and services by such suppliers and providers, \n with information on the operation of the pilot program, \n including privacy protections described in subparagraph \n (H).\n ``(F) Access to services outside the pilot \n program.--\n ``(i) Beneficiaries.--Medicare \n beneficiaries who receive beneficiary smart \n cards may receive items and services care from \n suppliers and providers not participating in \n the pilot program.\n ``(ii) Suppliers and providers.--Suppliers \n and providers not participating in the pilot \n program may submit claims under this title for \n items and services furnished without use of \n smart card technology to Medicare beneficiaries \n who receive beneficiary smart cards.\n ``(G) Private sector implementation.--The Secretary \n shall select, by using a competitive procurement, a \n private sector contractor to implement and operate the \n pilot program.\n ``(H) Privacy protections.--The Secretary shall \n ensure that the pilot program complies with applicable \n Federal laws, including regulations, concerning \n individually identifiable health information, including \n the Privacy Act of 1974 and regulations promulgated \n under section 264(c) of the Health Insurance \n Portability and Accountability Act of 1996 and such \n individually identifiable information shall be exempt \n from disclosure under section 552(b)(3) of title 5, \n United States Code.\n ``(I) Mandatory participation.--Subject to \n subparagraph (C), in the case of services furnished by \n a provider or supplier included in a supplier or \n provider type selected under subparagraph (B) in a \n geographic area selected under subparagraph (A), \n payment may only be made under this title for such \n services during the period of the pilot program if the \n provider or supplier is participating in the pilot \n program.\n ``(4) Definitions.--In this section:\n ``(A) The terms `supplier' and `provider' have the \n meanings given the terms `supplier' and `provider of \n services' in subsections (d) and (u), respectively, of \n section 1861.\n ``(B) The term `Medicare beneficiary' means an \n individual who is enrolled in the original Medicare \n fee-for-service program under parts A and B and is not \n enrolled in an MA plan under part C, an eligible \n organization under section 1876, or a PACE program \n under section 1894.\n ``(C) The term `Medicare claim' means a claim for \n an item or service for which payment is made under this \n title.\n ``(b) Reports to Congress.--\n ``(1) In general.--The Secretary shall submit to Congress \n the following reports:\n ``(A) Initial design report.--Not later than 2 \n years after the date of the enactment of this section, \n a report that outlines the plan for implementation of \n the pilot program.\n ``(B) Implementation report.--After implementation \n of the pilot program, a report on the initial \n implementation of the pilot program, including \n parameters for operation of such program.\n ``(C) Interim performance report.--Not later than 2 \n years after the date the pilot program is implemented, \n an interim report on the performance of such program.\n ``(D) Final performance report.--Not later than 18 \n months after the date of the completion of the pilot \n program, a final report on the performance of such \n program.\n ``(2) Contents of certain reports.--The reports under \n subparagraphs (C) and (D) of paragraph (1) shall include \n information on the performance of the pilot program in \n achieving its objectives and such recommendations regarding \n expanding the duration and scope of such program as the \n Secretary determines appropriate.\n ``(c) Funding.--For purposes of conducting the pilot program, the \nSecretary shall provide for the transfer, from the Supplemental Medical \nInsurance Trust Fund under section 1841, to the Centers for Medicare & \nMedicaid Program Management Account, of $150,000,000, to be available \nuntil expended.''.","summary":"Medicare Common Access Card Act of 2017 This bill requires the Centers for Medicare amp. Medicaid Services (CMS) to establish a three-year pilot program, in at least threenbsp, geographic areas,nbsp. To demonstrate the feasibility of using smart-card technology to authenticate the identity of a Medicare beneficiary at points of service. The CMS shall select supplier and provider types that will be required to participate in the pilot program as a condition of Medicare payment, butnbsp. Must exempt from participation a supplier or provider that: (1) does not have access to card-reader technology, (2) does not have sufficient internet access, or (3) has a low volume of Medicare claims. The CMS shall select a private contractor to implement and operate the pilot program. The CMS must submit specified reports to Congress on program design, implementation, and performance. For purposes of conducting the pilot program, the CMS shallnbsp, provide for thenbsp. Transfer of $150 million from the Supplemental Medical Insurance Trust Fund to the CMS Program Management Account.","title":"Medicare Common Access Card Act of 2017","text_len":9961,"sum_len":1081} {"bill_id":"111_s2806","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Building Efforts for Wellness and \nEncouraging Longer Lives Act'' or the ``BE WELL Act''.\n\nSEC. 2. PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.\n\n (a) Internal Revenue Code of 1986.--Section 9802 of the Internal \nRevenue Code of 1986 is amended--\n (1) by redesignating the second subsection (f) as \n subsection (g); and\n (2) by adding at the end the following:\n ``(h) Programs of Health Promotion and Disease Prevention.--\n ``(1) Applicability.--The following shall apply with \n respect to a program of health promotion or disease prevention \n for purposes of subsection (b)(2)(B). Such programs shall be \n referred to as `wellness programs'.\n ``(2) Definition and general rule.--\n ``(A) Definition.--For purposes of this subsection, \n a wellness program is any program designed to promote \n health or prevent disease, including a program designed \n to encourage individuals to adopt healthy behaviors.\n ``(B) General rule.--For purposes of subsections \n (a)(2) and (b)(2) (which provide exceptions to the \n general prohibitions against discrimination based on a \n health factor for group health plan provisions that \n vary benefits (including cost-sharing mechanisms) or \n the premium or contribution for similarly situated \n individuals in connection with a wellness program that \n satisfies the requirements of this subsection), if none \n of the conditions for obtaining a reward under a \n wellness program are based on an individual satisfying \n a standard that is related to a health factor, under \n this subsection, such wellness program does not violate \n this section if participation in the program is made \n available to all similarly situated individuals. If any \n of the conditions for obtaining a reward under such a \n wellness program is based on an individual satisfying a \n standard that is related to a health factor, the \n wellness program shall not violate this section if the \n requirements of paragraph (4) of this section are \n satisfied.\n ``(3) Wellness programs not subject to requirements.--If \n none of the conditions for obtaining a reward under a wellness \n program are based on an individual satisfying a standard that \n is related to a health factor (or if a wellness program does \n not provide a reward), the wellness program shall not violate \n this section, if participation in the program is made available \n to all similarly situated individuals. Such programs need not \n satisfy the requirements of paragraph (4), if participation in \n the program is made available to all similarly situated \n individuals. Wellness programs described in this paragraph \n include the following:\n ``(A) A program that reimburses all or part of the \n cost for memberships in a fitness center.\n ``(B) A diagnostic testing program that provides a \n reward for participation and does not base any part of \n the reward on outcomes.\n ``(C) A program that encourages preventive care \n through the waiver of the copayment or deductible \n requirement under a group health plan for the costs of, \n for example, prenatal care or well-baby visits.\n ``(D) A program that reimburses employees for the \n costs of smoking cessation programs without regard to \n whether the employee quits smoking.\n ``(E) A program that provides a reward to employees \n for attending a monthly health education seminar.\n ``(4) Wellness programs subject to requirements.--If any of \n the conditions for obtaining a reward under a wellness program \n is based on an individual satisfying a standard that is related \n to a health factor, the wellness program shall not violate this \n section if the requirements of this paragraph are satisfied.\n ``(A) The reward for the wellness program, coupled \n with the reward for other wellness programs with \n respect to the plan that require satisfaction of a \n standard related to a health factor, shall not exceed \n 30 percent of the cost of employee-only coverage under \n the plan. However, if, in addition to employees, any \n class of dependents (such as spouses or spouses and \n dependent children) may participate in the wellness \n program, the reward shall not exceed 30 percent of the \n cost of the coverage in which an employee and any \n dependents are enrolled. For purposes of this \n paragraph, the cost of coverage shall be determined \n based on the total amount of employer and employee \n contributions for the benefit package under which the \n employee is (or the employee and any dependents are) \n receiving coverage. A reward may be in the form of a \n discount or rebate of a premium or contribution, a \n waiver of all or part of a cost-sharing mechanism (such \n as deductibles, copayments, or coinsurance), the \n absence of a surcharge, or the value of a benefit that \n would otherwise not be provided under the plan. The \n Secretaries of Labor, Health and Human Services, and \n the Treasury may increase the reward available under \n this subparagraph to up to 50 percent of the cost of \n coverage under the plan if such Secretaries determine \n that such an increase is appropriate.\n ``(B) The wellness program shall be reasonably \n designed to promote health or prevent disease. A \n program satisfies this subparagraph if it has a \n reasonable chance of improving the health of or \n preventing disease in participating individuals and it \n is not overly burdensome, is not a subterfuge for \n discriminating based on a health factor, and is not \n highly suspect in the method chosen to promote health \n or prevent disease. At least once per year, each plan \n or issuer offering a wellness program shall evaluate \n the reasonableness of such program.\n ``(C) The program shall give individuals eligible \n for the program the opportunity to qualify for the \n reward under the program at least once per year.\n ``(D)(i) The reward under the program shall be \n available to all similarly situated individuals.\n ``(ii) For purposes of clause (i), a reward is not \n available to all similarly situated individuals for a \n period unless the program allows--\n ``(I) a reasonable alternative standard (or \n waiver of the otherwise applicable standard) \n for obtaining the reward for any individual for \n whom, for that period, it is unreasonably \n difficult due to a medical condition to satisfy \n the otherwise applicable standard; and\n ``(II) a reasonable alternative standard \n (or waiver of the otherwise applicable \n standard) for obtaining the reward for any \n individual for whom, for that period, it is \n medically inadvisable to attempt to satisfy the \n otherwise applicable standard.\n ``(iii) A plan or issuer may seek verification, \n such as a statement from an individual's physician, \n that a health factor makes it unreasonably difficult or \n medically inadvisable for the individual to satisfy or \n attempt to satisfy the otherwise applicable standard.\n ``(E)(i) The plan or issuer shall disclose in all \n plan materials describing the terms of the program the \n availability of a reasonable alternative standard (or \n the possibility of waiver of the otherwise applicable \n standard) required under subparagraph (D). If plan \n materials merely mention that a program is available, \n without describing its terms, such disclosure is not \n required.\n ``(ii) The following language, or similar language, \n may be used to satisfy the requirement of this \n subparagraph: `If it is unreasonably difficult due to a \n medical condition for you to achieve the standards for \n the reward under this program, or if it is medically \n inadvisable for you to attempt to achieve the standards \n for the reward under this program, call us at [insert \n telephone number] and we will work with you to develop \n another way to qualify for the reward.'.\n ``(5) Regulations.--The Secretaries of Labor, Health and \n Human Services, and the Treasury may promulgate regulations, as \n appropriate, to carry out this subsection.\n ``(6) Effective date.--This subsection shall take effect on \n the date of enactment of the BE WELL Act.\n ``(7) Existing wellness programs.--During the period of \n time between the date of enactment of the BE WELL Act and the \n date on which the Secretaries of Labor, Health and Human \n Services, and the Treasury establish regulations to effectuate \n this subsection, a wellness program that was established prior \n to the date of enactment of the BE WELL Act may continue to \n operate in accordance with the requirements in effect on the \n day before such date of enactment.''.\n (b) PHSA Group Market.--Section 2702(b) of the Public Health \nService Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the \nfollowing:\n ``(4) Programs of health promotion and disease \n prevention.--The provisions of section 9802(h) of the Internal \n Revenue Code of 1986 shall apply to programs of health \n promotion and disease prevention offered through a group health \n plan or a health insurance issuer offering group health \n insurance coverage.''.\n (c) ERISA.--Section 702(b) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the \nend the following:\n ``(4) Programs of health promotion and disease \n prevention.--The provisions of section 9802(h) of the Internal \n Revenue Code of 1986 shall apply to programs of health \n promotion and disease prevention offered through a group health \n plan or a health insurance issuer offering group health \n insurance coverage.''.\n (d) Application of Wellness Programs Provisions to Carriers \nProviding Federal Employee Health Benefits Plans.--\n (1) In general.--Notwithstanding section 8906 of title 5, \n United States Code (including subsections (b)(1) and (b)(2) of \n such section), subsections (a), (b), and (c) of this section, \n including the amendments made by those subsections (relating to \n wellness programs), shall apply to carriers entering into \n contracts under section 8902 of title 5, United States Code.\n (2) Proposals.--Carriers may submit separate proposals \n relating to voluntary wellness program offerings as part of the \n annual call for benefit and rate proposals to the Office of \n Personnel Management.\n (3) Effective date.--This subsection shall take effect on \n the date of enactment of this Act and shall apply to contracts \n entered into under section 8902 of title 5, United States Code, \n that take effect with respect to calendar years that begin more \n than 1 year after that date.\n (e) State Demonstration Project.--Subpart 1 of part B of title \nXXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is \namended by adding at the end the following:\n\n``SEC. 2746. WELLNESS PROGRAM DEMONSTRATION PROJECT.\n\n ``(a) In General.--Not later than July 1, 2014, the Secretary of \nHealth and Human Services, in consultation with the Secretary of the \nTreasury, shall establish a 10-State demonstration project under which \nparticipating States shall apply the provisions of 9802(h) of the \nInternal Revenue Code of 1986 to programs of health promotion offered \nby a health insurance issuer that offers health insurance coverage in \nthe individual market in such State.\n ``(b) Expansion of Demonstration Project.--If the Secretary of \nHealth and Human Services, in consultation with the Secretary of the \nTreasury, determines that the demonstration project described in \nsubsection (a) is effective, such Secretaries may, beginning on July 1, \n2017, expand such demonstration project to include additional \nparticipating States.\n ``(c) Requirements.--States that participate in the demonstration \nproject under this section shall--\n ``(1) ensure that requirements of consumer protection are \n met in programs of health promotion in the individual market;\n ``(2) require verification from health insurance issuers \n that offer health insurance coverage in the individual market \n of such State that premium discounts--\n ``(A) do not create undue burdens for individuals \n insured in the individual market;\n ``(B) do not lead to cost shifting; and\n ``(C) are not a subterfuge for discrimination; and\n ``(3) ensure that consumer data is protected in accordance \n with the requirements of section 264(c) of the Health Insurance \n Portability and Accountability Act of 1996.\n ``(d) Existing Programs of Health Promotion or Disease \nPrevention.--Nothing in this section shall preempt any State law \nrelated to programs of health promotion offered by a health insurance \nissuer that offers health insurance coverage in the individual market \nin such State that was established or adopted by State law on or after \nthe date of enactment of the BE WELL Act.\n ``(e) Regulations.--The Secretaries of Health and Human Services \nand the Treasury may promulgate regulations, as appropriate, to carry \nout this section.''.\n (f) Report.--\n (1) In general.--Not later than 3 years after the date of \n enactment of this Act, the Secretary of Health and Human \n Services, in consultation with the Secretary of the Treasury \n and the Secretary of Labor, shall submit a report to the \n appropriate committees of Congress concerning--\n (A) the effectiveness of wellness programs (as \n defined in section 9802(h)(2) of the Internal Revenue \n Code of 1986, as added by subsection (a)) in promoting \n health and preventing disease;\n (B) the impact of such wellness programs on the \n access to care and affordability of coverage for \n participants and non-participants of such programs;\n (C) the impact of premium-based and cost-sharing \n incentives on participant behavior and the role of such \n programs in changing behavior; and\n (D) the effectiveness of different types of \n rewards.\n (2) Data collection.--In preparing the report described in \n paragraph (1), the Secretaries shall gather relevant \n information from employers who provide employees with access to \n wellness programs, including State and Federal agencies.","summary":"Building Efforts for Wellness and Encouraging Longer Lives Act or the BE WELL Act - Amends the Internal Revenue Code to establish standards for programs of health promotion and disease prevention , including a system of rewards and reimbursements for voluntarily adopting healthy behaviors, including participation in fitness and smoking cessation programs. Applies such standards to group plans under the Public Health Service Act and federal employee health benefit plans. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a 10-state demonstration project to apply wellness program standards to state health insurance plans.","title":"A bill to codify and enhance existing regulations designed to encourage individuals to adopt healthy behaviors through voluntary participation in programs of health promotion and disease prevention.","text_len":16703,"sum_len":686} {"bill_id":"104_hr2440","text":"SECTION 1. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW.\n\n Section 304 of the Emergency Planning and Community Right-to-Know \nAct of 1986 (42 U.S.C. 1104) is amended as follows:\n (1) By striking ``immediately'' after ``operator of the \n facility shall'' in subsection (a)(1) and inserting ``, within \n 1 hour of having knowledge that such release had occurred,''.\n (2) By striking ``immediately'' after ``operator of the \n facility shall'' in subsection (a)(2) and inserting ``, within \n 1 hour of having knowledge that such release had occurred,''.\n (3) By inserting in subsection (a)(3) in the matter \n preceding subparagraph (A), ``, within 1 hour of having \n knowledge that such release had occurred,'' after ``the owner \n or operator shall''.\n (4) By amending subsection (b)(1) to read as follows:\n ``(1) Recipients of notice.--Notice required under \n subsection (a) shall be given, within 1 hour of having \n knowledge that the release had occurred, by the owner or \n operator of a facility (by such means as telephone, radio, or \n in person) to--\n ``(A) the community emergency coordinator for the \n local emergency planning committees, if established \n pursuant to section 301(c) of this title, for any area \n likely to be affected by the release and to the State \n emergency planning commission of any State likely to be \n affected by the release; or\n ``(B) a State agency authorized by State law to \n receive such notification.\n If an authorized State agency is notified by an owner or \n operator of the facility, the State agency shall provide notice \n to the State emergency response commission within 2 hours of \n receiving notification. Notice may be given later than 1 hour \n after knowledge of a leak or spill if the owner or operator of \n the facility, acting in good faith, is unable to provide \n notification because of unusual, extenuating circumstances, \n including remote location, power outages, incapacity of owner \n or operator, and disruption of telephone service. With respect \n to transportation of a substance subject to the requirements of \n this section, or storage incident to such transportation, the \n notice requirements of this section with respect to a release \n shall be satisfied by dialing 911 or, in the absence of a 911 \n emergency telephone number, calling the operator.''.\n\nSEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND \n LIABILITY ACT OF 1980.\n\n Section 103 of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended as \nfollows:\n (1) By striking ``Any person in charge of a vessel'' in \n subsection (a) and all that follows through the end of the \n subsection and inserting the following:\n``Any person in charge of a vessel or an offshore or an onshore \nfacility shall, within 1 hour of having knowledge of any release (other \nthan a federally permitted release) of a hazardous substance from such \nvessel or facility in quantities equal to or greater than those \ndetermined pursuant to section 9602 of this title, notify--\n ``(1) the National Response Center established under the \n Clean Water Act (33 U.S.C. 1251 et seq.);\n ``(2) the State emergency response commission established \n under the Emergency Planning and Community Right-to-Know Act \n (42 U.S.C. 11001 et seq.); or\n ``(3) a State agency authorized by State law to receive \n notification of such release.\nIf the National Response Center is notified directly, the Center shall \nconvey the notification within 2 hours to all appropriate Government \nagencies, including the Governor of any affected State. If the State \nemergency response commission receives notification of such release \nfrom a State agency or from the person in charge of a vessel or an \noffshore or an onshore facility, the commission shall convey \nnotification within 2 hours to the National Response Center. If an \nauthorized State agency receives notification of such release from a \nperson in charge of a vessel or an offshore or an onshore facility, the \nState agency shall convey notification within 2 hours to the National \nResponse Center and the State emergency response commission. Notice may \nbe given later than 1 hour after knowledge of a leak or spill if the \nperson, acting in good faith, is unable to provide notification because \nof unusual, extenuating circumstances, including location, power \noutages, incapacity of person having knowledge, and disruption of \ntelephone service.''.\n (2) In subsection (b), by striking ``immediately the \n appropriate agency'' and all that follows through ``knowledge \n of such release'' and inserting ``, within 1 hour of having \n knowledge that such release had occurred, the National Response \n Center, the State emergency response commission, or the \n appropriate State agency as designated by State law''.","summary":"Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release . Allows such notice to be given to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.","title":"To amend the Emergency Planning and Community Right-to-Know Act of 1986 and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify certain notice requirements, and for other purposes.","text_len":5322,"sum_len":1677} {"bill_id":"109_s429","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Upper Housatonic Valley National \nHeritage Area Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) The upper Housatonic Valley, encompassing 29 towns in \n the hilly terrain of western Massachusetts and northwestern \n Connecticut, is a singular geographical and cultural region \n that has made significant national contributions through its \n literary, artistic, musical, and architectural achievements, \n its iron, paper, and electrical equipment industries, and its \n scenic beautification and environmental conservation efforts.\n (2) The upper Housatonic Valley has 139 properties and \n historic districts listed on the National Register of Historic \n Places including--\n (A) five National Historic Landmarks--\n (i) Edith Wharton's home, The Mount, Lenox, \n Massachusetts;\n (ii) Herman Melville's home, Arrowhead, \n Pittsfield, Massachusetts;\n (iii) W.E.B. DuBois' Boyhood Homesite, \n Great Barrington, Massachusetts;\n (iv) Mission House, Stockbridge, \n Massachusetts; and\n (v) Crane and Company Old Stone Mill Rag \n Room, Dalton, Massachusetts; and\n (B) four National Natural Landmarks--\n (i) Bartholomew's Cobble, Sheffield, \n Massachusetts, and Salisbury, Connecticut;\n (ii) Beckley Bog, Norfolk, Connecticut;\n (iii) Bingham Bog, Salisbury, Connecticut; \n and\n (iv) Cathedral Pines, Cornwall, \n Connecticut.\n (3) Writers, artists, musicians, and vacationers have \n visited the region for more than 150 years to enjoy its scenic \n wonders, making it one of the country's leading cultural \n resorts.\n (4) The upper Housatonic Valley has made significant \n national cultural contributions through such writers as Herman \n Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. \n DuBois, artists Daniel Chester French and Norman Rockwell, and \n the performing arts centers of Tanglewood, Music Mountain, \n Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, \n and Shakespeare & Company.\n (5) The upper Housatonic Valley is noted for its pioneering \n achievements in the iron, paper, and electrical generation \n industries and has cultural resources to interpret those \n industries.\n (6) The region became a national leader in scenic \n beautification and environmental conservation efforts following \n the era of industrialization and deforestation and maintains a \n fabric of significant conservation areas including the \n meandering Housatonic River.\n (7) Important historical events related to the American \n Revolution, Shays' Rebellion, and early civil rights took place \n in the upper Housatonic Valley.\n (8) The region had an American Indian presence going back \n 10,000 years and Mohicans had a formative role in contact with \n Europeans during the seventeenth and eighteenth centuries.\n (9) The Upper Housatonic Valley National Heritage Area has \n been proposed in order to heighten appreciation of the region, \n preserve its natural and historical resources, and improve the \n quality of life and economy of the area.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To establish the Upper Housatonic Valley National \n Heritage Area in the State of Connecticut and the Commonwealth \n of Massachusetts.\n (2) To implement the national heritage area alternative as \n described in the document entitled ``Upper Housatonic Valley \n National Heritage Area Feasibility Study, 2003''.\n (3) To provide a management framework to foster a close \n working relationship with all levels of government, the private \n sector, and the local communities in the upper Housatonic \n Valley region to conserve the region's heritage while \n continuing to pursue compatible economic opportunities.\n (4) To assist communities, organizations, and citizens in \n the State of Connecticut and the Commonwealth of Massachusetts \n in identifying, preserving, interpreting, and developing the \n historical, cultural, scenic, and natural resources of the \n region for the educational and inspirational benefit of current \n and future generations.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Upper Housatonic Valley National Heritage Area, established in \n section 4.\n (2) Management entity.--The term ``Management Entity'' \n means the management entity for the Heritage Area designated by \n section 4(d).\n (3) Management plan.--The term ``Management Plan'' means \n the management plan for the Heritage Area specified in section \n 6.\n (4) Map.--The term ``map'' means the map entitled \n ``Boundary Map Upper Housatonic Valley National Heritage \n Area'', numbered P17\/80,000, and dated February 2003.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of \n Connecticut and the Commonwealth of Massachusetts.\n\nSEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established the Upper Housatonic \nValley National Heritage Area.\n (b) Boundaries.--The Heritage Area shall be comprised of--\n (1) part of the Housatonic River's watershed, which extends \n 60 miles from Lanesboro, Massachusetts to Kent, Connecticut;\n (2) the towns of Canaan, Colebrook, Cornwall, Kent, \n Norfolk, North Canaan, Salisbury, Sharon, and Warren in \n Connecticut;\n (3) the towns of Alford, Becket, Dalton, Egremont, Great \n Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, \n Mount Washington, New Marlboro, Pittsfield, Richmond, \n Sheffield, Stockbridge, Tyringham, Washington, and West \n Stockbridge in Massachusetts; and\n (4) the land and water within the boundaries of the \n Heritage Area, as depicted on the map.\n (c) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the National Park \nService, Department of the Interior.\n (d) Management Entity.--The Upper Housatonic Valley National \nHeritage Area, Inc. shall be the management entity for the Heritage \nArea.\n\nSEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY.\n\n (a) Duties of the Management Entity.--To further the purposes of \nthe Heritage Area, the management entity shall--\n (1) prepare and submit a management plan for the Heritage \n Area to the Secretary in accordance with section 6;\n (2) assist units of local government, regional planning \n organizations, and nonprofit organizations in implementing the \n approved management plan by--\n (A) carrying out programs and projects that \n recognize, protect and enhance important resource \n values within the Heritage Area;\n (B) establishing and maintaining interpretive \n exhibits and programs within the Heritage Area;\n (C) developing recreational and educational \n opportunities in the Heritage Area;\n (D) increasing public awareness of and appreciation \n for natural, historical, scenic, and cultural resources \n of the Heritage Area;\n (E) protecting and restoring historic sites and \n buildings in the Heritage Area that are consistent with \n heritage area themes;\n (F) ensuring that clear, consistent, and \n appropriate signs identifying points of public access \n and sites of interest are posted throughout the \n Heritage Area; and\n (G) promoting a wide range of partnerships among \n governments, organizations and individuals to further \n the purposes of the Heritage Area;\n (3) consider the interests of diverse units of government, \n businesses, organizations and individuals in the Heritage Area \n in the preparation and implementation of the management plan;\n (4) conduct meetings open to the public at least semi-\n annually regarding the development and implementation of the \n management plan;\n (5) submit an annual report to the Secretary for any fiscal \n year in which the management entity receives Federal funds \n under this Act, setting forth its accomplishments, expenses, \n and income, including grants to any other entities during the \n year for which the report is made;\n (6) make available for audit for any fiscal year in which \n it receives Federal funds under this Act, all information \n pertaining to the expenditure of such funds and any matching \n funds, and require in all agreements authorizing expenditures \n of Federal funds by other organizations, that the receiving \n organizations make available for such audit all records and \n other information pertaining to the expenditure of such funds; \n and\n (7) encourage by appropriate means economic viability that \n is consistent with the purposes of the Heritage Area.\n (b) Authorities.--The management entity may, for the purposes of \npreparing and implementing the management plan for the Heritage Area, \nuse Federal funds made available through this Act to--\n (1) make grants to the State of Connecticut and the \n Commonwealth of Massachusetts, their political subdivisions, \n nonprofit organizations and other persons;\n (2) enter into cooperative agreements with or provide \n technical assistance to the State of Connecticut and the \n Commonwealth of Massachusetts, their political jurisdictions, \n nonprofit organizations, and other interested parties;\n (3) hire and compensate staff, which shall include \n individuals with expertise in natural, cultural, and historical \n resources protection, and heritage programming;\n (4) obtain money or services from any source including any \n that are provided under any other Federal law or program;\n (5) contract for goods or services; and\n (6) undertake to be a catalyst for any other activity that \n furthers the purposes of the Heritage Area and is consistent \n with the approved management plan.\n (c) Prohibitions on the Acquisition of Real Property.--The \nmanagement entity may not use Federal funds received under this Act to \nacquire real property, but may use any other source of funding, \nincluding other Federal funding outside this authority, intended for \nthe acquisition of real property.\n\nSEC. 6. MANAGEMENT PLAN.\n\n (a) In General.--The management plan for the Heritage Area shall--\n (1) include comprehensive policies, strategies and \n recommendations for conservation, funding, management and \n development of the Heritage Area;\n (2) take into consideration existing State, county, and \n local plans in the development of the management plan and its \n implementation;\n (3) include a description of actions that governments, \n private organizations, and individuals have agreed to take to \n protect the natural, historical and cultural resources of the \n Heritage Area;\n (4) specify the existing and potential sources of funding \n to protect, manage, and develop the Heritage Area in the first \n 5 years of implementation;\n (5) include an inventory of the natural, historical, \n cultural, educational, scenic, and recreational resources of \n the Heritage Area related to the themes of the Heritage Area \n that should be preserved, restored, managed, developed, or \n maintained;\n (6) recommend policies and strategies for resource \n management that consider and detail the application of \n appropriate land and water management techniques including, but \n not limited to, the development of intergovernmental and \n interagency cooperative agreements to protect the Heritage \n Area's natural, historical, cultural, educational, scenic and \n recreational resources;\n (7) describe a program of implementation for the management \n plan including plans for resource protection, restoration, \n construction, and specific commitments for implementation that \n have been made by the management entity or any government, \n organization, or individual for the first 5 years of \n implementation;\n (8) include an analysis and recommendations for ways in \n which local, State, and Federal programs, including the role of \n the National Park Service in the Heritage Area, may best be \n coordinated to further the purposes of this Act; and\n (9) include an interpretive plan for the Heritage Area.\n (b) Deadline and Termination of Funding.--\n (1) Deadline.--The management entity shall submit the \n management plan to the Secretary for approval within 3 years \n after funds are made available for this Act.\n (2) Termination of funding.--If the management plan is not \n submitted to the Secretary in accordance with this subsection, \n the management entity shall not qualify for Federal funding \n under this Act until such time as the management plan is \n submitted to and approved by the Secretary.\n\nSEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.\n\n (a) Technical and Financial Assistance.--\n (1) In general.--The Secretary may, upon the request of the \n management entity, provide technical assistance on a \n reimbursable or non-reimbursable basis and financial assistance \n to the Heritage Area to develop and implement the approved \n management plan. The Secretary is authorized to enter into \n cooperative agreements with the management entity and other \n public or private entities for this purpose. In assisting the \n Heritage Area, the Secretary shall give priority to actions \n that in general assist in--\n (A) conserving the significant natural, historical, \n cultural, and scenic resources of the Heritage Area; \n and\n (B) providing educational, interpretive, and \n recreational opportunities consistent with the purposes \n of the Heritage Area.\n (2) Spending for non-federally owned property.--The \n Secretary may spend Federal funds directly on non-federally \n owned property to further the purposes of this Act, especially \n in assisting units of government in appropriate treatment of \n districts, sites, buildings, structures, and objects listed or \n eligible for listing on the National Register of Historic \n Places.\n (b) Approval and Disapproval of Management Plan.--\n (1) In general.--The Secretary shall approve or disapprove \n the management plan not later than 90 days after receiving the \n management plan.\n (2) Criteria for approval.--In determining the approval of \n the management plan, the Secretary shall consider whether--\n (A) the management entity is representative of the \n diverse interests of the Heritage Area including \n governments, natural and historic resource protection \n organizations, educational institutions, businesses, \n and recreational organizations;\n (B) the management entity has afforded adequate \n opportunity, including public hearings, for public and \n governmental involvement in the preparation of the \n management plan;\n (C) the resource protection and interpretation \n strategies contained in the management plan, if \n implemented, would adequately protect the natural, \n historical, and cultural resources of the Heritage \n Area; and\n (D) the Secretary has received adequate assurances \n from the appropriate State and local officials whose \n support is needed to ensure the effective \n implementation of the State and local aspects of the \n management plan.\n (3) Action following disapproval.--If the Secretary \n disapproves the management plan, the Secretary shall advise the \n management entity in writing of the reasons therefore and shall \n make recommendations for revisions to the management plan. The \n Secretary shall approve or disapprove a proposed revision \n within 60 days after the date it is submitted.\n (4) Approval of amendments.--Substantial amendments to the \n management plan shall be reviewed by the Secretary and approved \n in the same manner as provided for the original management \n plan. The management entity shall not use Federal funds \n authorized by this Act to implement any amendments until the \n Secretary has approved the amendments.\n\nSEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.\n\n Any Federal agency conducting or supporting activities directly \naffecting the Heritage Area shall--\n (1) consult with the Secretary and the management entity \n with respect to such activities;\n (2) cooperate with the Secretary and the management entity \n in carrying out their duties under this Act and, to the maximum \n extent practicable, coordinate such activities with the \n carrying out of such duties; and,\n (3) to the maximum extent practicable, conduct or support \n such activities in a manner which the management entity \n determines will not have an adverse effect on the Heritage \n Area.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated for the \npurposes of this Act not more than $1,000,000 for any fiscal year. Not \nmore than a total of $10,000,000 may be appropriated for the Heritage \nArea under this Act.\n (b) Matching Funds.--Federal funding provided under this Act may \nnot exceed 50 percent of the total cost of any assistance or grant \nprovided or authorized under this Act.\n\nSEC. 10. SUNSET.\n\n The authority of the Secretary to provide assistance under this Act \nshall terminate on the day occurring 15 years after the date of \nenactment of the Act.","summary":"Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. Designates the Upper Housatonic Valley National Heritage Area, Inc. as the Areas' management entity, which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area. And (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Prohibits the entity from using Federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity to develop and implement the plan.","title":"A bill to establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts, and for other purposes.","text_len":19735,"sum_len":879} {"bill_id":"115_hr3978","text":"SECTION 1. TABLE OF CONTENTS.\n\n The table of contents for this Act is as follows:\n\nSec. 1. Table of contents.\nSec. 2. Securities and Exchange Commission Reserve Fund.\n TITLE I--TRID IMPROVEMENT\n\nSec. 101. Amendments to mortgage disclosure requirements.\n TITLE II--PROTECTION OF SOURCE CODE\n\nSec. 201. Procedure for obtaining certain intellectual property.\n TITLE III--FOSTERING INNOVATION\n\nSec. 301. Temporary exemption for low-revenue issuers.\n TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY\n\nSec. 401. Nationally traded securities exemption.\n TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS\n\nSec. 501. Eliminating barriers to jobs for loan originators.\nSec. 502. Amendment to civil liability of the Bureau and other \n officials.\nSec. 503. Effective date.\n\nSEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND.\n\n Notwithstanding section 4(i)(2)(B)(i) of the Securities Exchange \nAct of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount deposited in the \nSecurities and Exchange Commission Reserve Fund for fiscal year 2018 \nmay not exceed $48,000,000.\n\n TITLE I--TRID IMPROVEMENT\n\nSEC. 101. AMENDMENTS TO MORTGAGE DISCLOSURE REQUIREMENTS.\n\n Section 4(a) of the Real Estate Settlement Procedures Act of 1974 \n(12 U.S.C. 2603(a)) is amended--\n (1) by striking ``itemize all charges'' and inserting \n ``itemize all actual charges'';\n (2) by striking ``and all charges imposed upon the seller \n in connection with the settlement and'' and inserting ``and the \n seller in connection with the settlement. Such forms''; and\n (3) by inserting after ``or both.'' the following new \n sentence: ``Charges for any title insurance premium disclosed \n on such forms shall be equal to the amount charged for each \n individual title insurance policy, subject to any discounts as \n required by State regulation or the title company rate \n filings.''.\n\n TITLE II--PROTECTION OF SOURCE CODE\n\nSEC. 201. PROCEDURE FOR OBTAINING CERTAIN INTELLECTUAL PROPERTY.\n\n (a) Persons Under Securities Act of 1933.--Section 8 of the \nSecurities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end \nthe following:\n ``(g) Procedure for Obtaining Certain Intellectual Property.--The \nCommission is not authorized to compel under this title a person to \nproduce or furnish algorithmic trading source code or similar \nintellectual property that forms the basis for design of the \nalgorithmic trading source code, to the Commission unless the \nCommission first issues a subpoena.''.\n (b) Persons Under the Securities Exchange Act of 1934.--Section 23 \nof the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by \nadding at the end the following:\n ``(e) Procedure for Obtaining Certain Intellectual Property.--The \nCommission is not authorized to compel under this title a person to \nproduce or furnish algorithmic trading source code or similar \nintellectual property that forms the basis for design of the \nalgorithmic trading source code, to the Commission unless the \nCommission first issues a subpoena.''.\n (c) Investment Companies.--Section 31 of the Investment Company Act \nof 1940 (15 U.S.C. 80a-30) is amended by adding at the end the \nfollowing:\n ``(e) Procedure for Obtaining Certain Intellectual Property.--The \nCommission is not authorized to compel under this title an investment \ncompany to produce or furnish algorithmic trading source code or \nsimilar intellectual property that forms the basis for design of the \nalgorithmic trading source code, to the Commission unless the \nCommission first issues a subpoena.''.\n (d) Investment Advisers.--Section 204 of the Investment Advisers \nAct of 1940 (15 U.S.C. 80b-4) is amended--\n (1) by adding at the end the following:\n ``(f) Procedure for Obtaining Certain Intellectual Property.--The \nCommission is not authorized to compel under this title an investment \nadviser to produce or furnish algorithmic trading source code or \nsimilar intellectual property that forms the basis for design of the \nalgorithmic trading source code, to the Commission unless the \nCommission first issues a subpoena.''; and\n (2) in the second subsection (d), by striking ``(d)'' and \n inserting ``(e)''.\n\n TITLE III--FOSTERING INNOVATION\n\nSEC. 301. TEMPORARY EXEMPTION FOR LOW-REVENUE ISSUERS.\n\n Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is \namended by adding at the end the following:\n ``(d) Temporary Exemption for Low-Revenue Issuers.--\n ``(1) Low-revenue exemption.--Subsection (b) shall not \n apply with respect to an audit report prepared for an issuer \n that--\n ``(A) ceased to be an emerging growth company on \n the last day of the fiscal year of the issuer following \n the fifth anniversary of the date of the first sale of \n common equity securities of the issuer pursuant to an \n effective registration statement under the Securities \n Act of 1933;\n ``(B) had average annual gross revenues of less \n than $50,000,000 as of its most recently completed \n fiscal year; and\n ``(C) is not a large accelerated filer.\n ``(2) Expiration of temporary exemption.--An issuer ceases \n to be eligible for the exemption described under paragraph (1) \n at the earliest of--\n ``(A) the last day of the fiscal year of the issuer \n following the tenth anniversary of the date of the \n first sale of common equity securities of the issuer \n pursuant to an effective registration statement under \n the Securities Act of 1933;\n ``(B) the last day of the fiscal year of the issuer \n during which the average annual gross revenues of the \n issuer exceed $50,000,000; or\n ``(C) the date on which the issuer becomes a large \n accelerated filer.\n ``(3) Definitions.--For purposes of this subsection:\n ``(A) Average annual gross revenues.--The term \n `average annual gross revenues' means the total gross \n revenues of an issuer over its most recently completed \n three fiscal years divided by three.\n ``(B) Emerging growth company.--The term `emerging \n growth company' has the meaning given such term under \n section 3 of the Securities Exchange Act of 1934 (15 \n U.S.C. 78c).\n ``(C) Large accelerated filer.--The term `large \n accelerated filer' has the meaning given that term \n under section 240.12b-2 of title 17, Code of Federal \n Regulations, or any successor thereto.''.\n\n TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY\n\nSEC. 401. NATIONALLY TRADED SECURITIES EXEMPTION.\n\n Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. \n77r(b)(1)) is amended--\n (1) by striking subparagraph (A);\n (2) in subparagraph (B)--\n (A) by inserting ``a security designated as \n qualified for trading in the national market system \n pursuant to section 11A(a)(2) of the Securities \n Exchange Act of 1934 that is'' before ``listed''; and\n (B) by striking ``that has listing standards that \n the Commission determines by rule (on its own \n initiative or on the basis of a petition) are \n substantially similar to the listing standards \n applicable to securities described in subparagraph \n (A)'';\n (3) in subparagraph (C), by striking ``or (B)''; and\n (4) by redesignating subparagraphs (B) and (C) as \n subparagraphs (A) and (B), respectively.\n\n TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS\n\nSEC. 501. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.\n\n (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 \nU.S.C. 5101 et seq.) is amended by adding at the end the following:\n\n``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.\n\n ``(a) Temporary Authority To Originate Loans for Loan Originators \nMoving From a Depository Institution to a Non-Depository Institution.--\n ``(1) In general.--Upon employment by a State-licensed \n mortgage company, an individual who is a registered loan \n originator shall be deemed to have temporary authority to act \n as a loan originator in an application State for the period \n described in paragraph (2) if the individual--\n ``(A) has not had an application for a loan \n originator license denied, or had such a license \n revoked or suspended in any governmental jurisdiction;\n ``(B) has not been subject to or served with a \n cease and desist order in any governmental jurisdiction \n or as described in section 1514(c);\n ``(C) has not been convicted of a felony that would \n preclude licensure under the law of the application \n State;\n ``(D) has submitted an application to be a State-\n licensed loan originator in the application State; and\n ``(E) was registered in the Nationwide Mortgage \n Licensing System and Registry as a loan originator \n during the 12-month period preceding the date of \n submission of the information required under section \n 1505(a).\n ``(2) Period.--The period described in paragraph (1) shall \n begin on the date that the individual submits the information \n required under section 1505(a) and shall end on the earliest \n of--\n ``(A) the date that the individual withdraws the \n application to be a State-licensed loan originator in \n the application State;\n ``(B) the date that the application State denies, \n or issues a notice of intent to deny, the application;\n ``(C) the date that the application State grants a \n State license; or\n ``(D) the date that is 120 days after the date on \n which the individual submits the application, if the \n application is listed on the Nationwide Mortgage \n Licensing System and Registry as incomplete.\n ``(b) Temporary Authority To Originate Loans for State-Licensed \nLoan Originators Moving Interstate.--\n ``(1) In general.--A State-licensed loan originator shall \n be deemed to have temporary authority to act as a loan \n originator in an application State for the period described in \n paragraph (2) if the State-licensed loan originator--\n ``(A) meets the requirements of subparagraphs (A), \n (B), (C), and (D) of subsection (a)(1);\n ``(B) is employed by a State-licensed mortgage \n company in the application State; and\n ``(C) was licensed in a State that is not the \n application State during the 30-day period preceding \n the date of submission of the information required \n under section 1505(a) in connection with the \n application submitted to the application State.\n ``(2) Period.--The period described in paragraph (1) shall \n begin on the date that the State-licensed loan originator \n submits the information required under section 1505(a) in \n connection with the application submitted to the application \n State and end on the earliest of--\n ``(A) the date that the State-licensed loan \n originator withdraws the application to be a State-\n licensed loan originator in the application State;\n ``(B) the date that the application State denies, \n or issues a notice of intent to deny, the application;\n ``(C) the date that the application State grants a \n State license; or\n ``(D) the date that is 120 days after the date on \n which the State-licensed loan originator submits the \n application, if the application is listed on the \n Nationwide Mortgage Licensing System and Registry as \n incomplete.\n ``(c) Applicability.--\n ``(1) Any person employing an individual who is deemed to \n have temporary authority to act as a loan originator in an \n application State pursuant to this section shall be subject to \n the requirements of this title and to applicable State law to \n the same extent as if such individual was a State-licensed loan \n originator licensed by the application State.\n ``(2) Any individual who is deemed to have temporary \n authority to act as a loan originator in an application State \n pursuant to this section and who engages in residential \n mortgage loan origination activities shall be subject to the \n requirements of this title and to applicable State law to the \n same extent as if such individual was a State-licensed loan \n originator licensed by the application State.\n ``(d) Definitions.--In this section, the following definitions \nshall apply:\n ``(1) State-licensed mortgage company.--The term `State-\n licensed mortgage company' means an entity licensed or \n registered under the law of any State to engage in residential \n mortgage loan origination and processing activities.\n ``(2) Application state.--The term `application State' \n means a State in which a registered loan originator or a State-\n licensed loan originator seeks to be licensed.''.\n (b) Table of Contents Amendment.--The table of contents in section \n1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 \nnote) is amended by inserting after the item relating to section 1517 \nthe following:\n\n``Sec. 1518. Employment transition of loan originators.''.\n\nSEC. 502. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER \n OFFICIALS.\n\n Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 \nU.S.C. 5112) is amended by striking ``are loan originators or are \napplying for licensing or registration as loan originators.'' and \ninserting ``have applied, are applying, or are currently licensed or \nregistered through the Nationwide Mortgage Licensing System and \nRegistry. The previous sentence shall only apply to persons in an \nindustry with respect to which persons were licensed or registered \nthrough the Nationwide Mortgage Licensing System and Registry on the \ndate of the enactment of this sentence.''.\n\nSEC. 503. EFFECTIVE DATE.\n\n This title and the amendments made by this title shall take effect \non the date that is 18 months after the date of the enactment of this \nAct.\n\n Passed the House of Representatives February 14, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This bill specifies that the amount deposited in the Securities and Exchange Commission (SEC) Reserve Fund for FY2018 may not exceed $48 million. TITLE I TRID IMPROVEMENT The bill amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirementsnbsp. Applicable to mortgage loan transactions. Specifically, the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings. TITLE II PROTECTION OF SOURCE CODE The bill amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena. TITLE III FOSTERING INNOVATION The bill amends the Sarbanes-Oxley Act of 2002 with respect to auditor-attestation requirements for public companies. These requirements shall not apply with respect to any audit report prepared for an issuer that: ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities, had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and is not a large accelerated filer. This exemption shall expire at the earliest of: (1) the last day of the fiscal year 10 years after the issuer's first sale of common equity securities, (2) the end of the fiscal year in which the issuer's average annual gross revenues exceed $50 million, or (3) when the issuer becomes a large accelerated filer. TITLE IV NATIONAL SECURITIES EXCHANGE REGULATORY PARITY The bill amends the Securities Act of 1933 to exempt from state registration securities qualified for national trading by the SEC and authorized to be listed on a national securities exchange. Currently, securities listed on exchanges specified by statute or rule are exempt. TITLE V ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS The bill amends the S. A. F. E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. The bill revises the S. A. F. E. Mortgage Licensing Act's civil liability immunity provisions.","title":"TRID Improvement Act of 2017","text_len":15763,"sum_len":2515} {"bill_id":"113_s2973","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Laboratory Technology \nMaturation Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) National laboratory.--The term ``National Laboratory'' \n has the meaning given the term in section 2 of the Energy \n Policy Act of 2005 (42 U.S.C. 15801).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (3) Small business concern.--The term ``small business \n concern'' has the meaning given the term in section 3 of the \n Small Business Act (15 U.S.C. 632).\n\nSEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM.\n\n (a) In General.--The Secretary shall establish the National \nLaboratory technology maturation program under which the Secretary \nshall make grants to National Laboratories for the purpose of \nincreasing the successful transfer of technologies licensed from \nNational Laboratories to small business concerns by providing a link \nbetween an innovative process or technology and a practical application \nwith potential to be successful in commercial markets.\n (b) Application for Grant From the Secretary.--\n (1) In general.--Each National Laboratory that elects to \n apply for a grant under subsection (a) shall submit an \n application to the Secretary at such time, in such manner, and \n containing such information as the Secretary may reasonably \n require.\n (2) Contents.--In an application submitted under this \n subsection, a National Laboratory shall describe how the \n National Laboratory will--\n (A) manage a technology maturation program;\n (B) encourage small business concerns, with an \n emphasis on businesses in the region in which the \n National Laboratory is located, to participate in the \n technology maturation program;\n (C) select small business concerns and technologies \n to participate in the technology maturation program \n using a selection board (referred to in this section as \n the ``selection board'') made up of technical and \n business members, including venture capitalists and \n investors; and\n (D) measure the results of the program and the \n return on investment, including--\n (i) the number of technologies licensed to \n small business concerns;\n (ii) the number of new small business \n concerns created;\n (iii) the number of jobs created or \n retained;\n (iv) sales of the licensed technologies;\n (v) the change in average salaries paid by \n the participating small business concerns; and\n (vi) any additional external investment \n attracted by participating small business \n concerns.\n (c) Maximum Grant.--The maximum amount of a grant received by a \nNational Laboratory under subsection (a) shall be $5,000,000 for each \nfiscal year.\n (d) Vouchers to Small Business Concerns From National \nLaboratories.--\n (1) In general.--A National Laboratory receiving a grant \n under subsection (a) shall use the grant funds to provide \n vouchers to small business concerns that hold a technology \n license from a National Laboratory to pay the cost of providing \n assistance from scientists and engineers at the National \n Laboratory to assist in the development of the licensed \n technology and further develop related products and services \n until the products and services are market-ready or \n sufficiently developed to attract private investment.\n (2) Use of voucher funds.--A small business concern \n receiving a voucher under paragraph (1) may use the voucher--\n (A) to gain access to special equipment or \n facilities at the National Laboratory that awarded the \n voucher;\n (B) to partner with the National Laboratory on a \n commercial prototype; and\n (C) to perform early-stage feasibility or later-\n stage field testing.\n (3) Eligible projects.--A National Laboratory receiving a \n grant under subsection (a) may provide a voucher to small \n business concerns and partnerships between a small business \n concern and an institution of higher education (as defined in \n section 101(a) of the Higher Education Act of 1965 (20 U.S.C. \n 1001(a))) for projects--\n (A) involving--\n (i) commercial prototypes;\n (ii) scale-up and field demonstrations; or\n (iii) other activities that move the \n technology closer to successful \n commercialization; and\n (B) that do not exceed 1 year.\n (4) Application for voucher from national laboratory.--Each \n small business concern that holds a technology license from a \n National Laboratory that elects to apply for a voucher under \n paragraph (1) shall submit an application to the selection \n board at such time, in such manner, and containing such \n information as the selection board may reasonably require.\n (5) Criteria.--The selection board may award vouchers based \n on--\n (A) the technological and commercial viability of \n the project for commercial success;\n (B) a significant opportunity for new company \n formation or growth of an existing company in the \n region in which the National Laboratory is located;\n (C) access to a strong, experienced business and \n technical team;\n (D) clear, market-driven milestones for the project \n that connect to an ability to leverage matching funds \n from other sources;\n (E) a clear path for commercialization;\n (F) identification of a profitable market;\n (G) the potential to enhance the technology-driven \n economy of the region in which the National Laboratory \n is located;\n (H) availability and source of matching funds for \n the project; and\n (I) compatibility with the mission of the National \n Laboratory.\n (6) Maximum voucher.--The maximum amount of a voucher \n received by a small business concern under paragraph (1) shall \n be $250,000.\n (7) Progress tracking.--\n (A) In general.--The National Laboratory that \n awards a voucher to carry out a project under paragraph \n (1) shall establish a procedure to monitor interim \n progress of the project toward commercialization \n milestones.\n (B) Termination of voucher.--If the National \n Laboratory determines that a project is not making \n adequate progress toward commercialization milestones \n under the procedure established pursuant to \n subparagraph (A), the project shall not continue to \n receive funding or assistance under this subsection.\n\nSEC. 4. ANNUAL REPORT.\n\n (a) In General.--Each National Laboratory receiving a grant under \nsection 3 shall submit to the Secretary an annual report, at such time \nand in such manner as the Secretary may reasonably require.\n (b) Contents of Report.--The report submitted under subsection (a) \nshall--\n (1) include a list of each recipient of a voucher and the \n amount of each voucher awarded; and\n (2) provide an estimate of the return on investment, \n including--\n (A) the number of technologies licensed to small \n business concerns;\n (B) the number of new small business concerns \n created;\n (C) the number of jobs created or retained;\n (D) sales of the licensed technologies;\n (E) the change in average salaries paid by the \n participating small business concerns; and\n (F) any additional external investment attracted by \n participating small business concerns.\n\nSEC. 5. FINAL REPORT.\n\n Not later than 5 years after the date of enactment of this Act, the \nSecretary shall submit to the Committees on Armed Services and Energy \nand Natural Resources of the Senate and the Committees on Armed \nServices and Science, Space, and Technology of the House of \nRepresentatives a report on the results of the program established \nunder section 3, including--\n (1) the return on investment; and\n (2) any recommendations for improvements to the program.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$25,000,000 for each of fiscal years 2015 through 2019.","summary":"National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.","title":"National Laboratory Technology Maturation Act of 2014","text_len":9553,"sum_len":1277} {"bill_id":"114_hr3284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma \nPatient Registry Act of 2015''.\n\nSEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH.\n\n Title III of the Public Health Service Act is amended by inserting \nafter section 399V-5 of such Act (42 U.S.C. 280g-16) the following:\n\n``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND \n RESEARCH.\n\n ``(a) In General.--The Secretary, acting through the Administrator \nof the Agency for Toxic Substances and Disease Registry, shall develop \na patient registry to collect data on mesothelioma, including \ninformation with respect to the incidence and prevalence of the disease \nin the United States.\n ``(b) Uses.--The Secretary shall use the registry under subsection \n(a)--\n ``(1) to enhance and expand infrastructure and activities \n for tracking the epidemiology of mesothelioma patients;\n ``(2) to collect, consolidate, and report on health \n information on patients who have been diagnosed with \n mesothelioma, including with respect to--\n ``(A) treatment outcomes, including patient \n longevity; and\n ``(B) the number of patients receiving treatment \n for mesothelioma disaggregated by hospital;\n ``(3) to better describe the incidence and prevalence of \n mesothelioma in the United States;\n ``(4) to facilitate further research on mesothelioma;\n ``(5) to examine factors, such as environmental and \n occupational factors, that may be associated with mesothelioma;\n ``(6) to better outline key demographic factors (such as \n age, race or ethnicity, gender, and family history) associated \n with mesothelioma; and\n ``(7) to make the information in such registry, other than \n individually identifiable information, available to the public \n to facilitate and enhance research on, and prevention and \n treatment of, mesothelioma.\n ``(c) Content.--In carrying out this section, the Secretary--\n ``(1) shall provide for the collection and storage of \n information on the incidence and prevalence of mesothelioma in \n the United States;\n ``(2) when scientifically possible, shall provide for the \n collection and storage of other available information on \n mesothelioma, such as information concerning--\n ``(A) demographics and other information associated \n or possibly associated with mesothelioma, such as age, \n race, ethnicity, sex, geographic location, and family \n history;\n ``(B) risk factors associated or possibly \n associated with mesothelioma, including genetic and \n environmental risk factors; and\n ``(C) diagnosis and progression markers; and\n ``(3) may provide for the collection and storage of \n information relevant to analysis on mesothelioma, such as \n information concerning--\n ``(A) the epidemiology of the disease;\n ``(B) the natural history of the disease;\n ``(C) the prevention of the disease;\n ``(D) the detection, management, and treatment \n approaches for the disease; and\n ``(E) the development of outcomes measures.\n ``(d) Consultation.--In carrying out this section, the Secretary \nshall consult with individuals with appropriate expertise, including \nnon-Federal mesothelioma experts including--\n ``(1) epidemiologists with experience in disease \n surveillance or registries;\n ``(2) representatives of national voluntary associations \n that focus on mesothelioma or have demonstrated experience in \n research, care, or patient service for mesothelioma;\n ``(3) health information technology experts or other \n information management specialists;\n ``(4) clinicians with expertise in mesothelioma; and\n ``(5) research scientists with experience conducting \n translational research or utilizing surveillance systems for \n scientific research purposes.\n ``(e) Coordination With Other Federal Agencies.--The Secretary \nshall make information in and analysis derived from the registry under \nthis section available, as appropriate, to Federal departments and \nagencies, such as the National Institutes of Health, the Food and Drug \nAdministration, the Centers for Medicare & Medicaid Services, the \nAgency for Healthcare Research and Quality, the Department of Veterans \nAffairs, and the Department of Defense.\n ``(f) Public Access.--Subject to subsection (g), the Secretary \nshall make information in, and analysis derived from, the registry \nunder this section available, as appropriate, to the public, including \nresearchers.\n ``(g) Privacy.--The Secretary shall ensure that privacy and \nsecurity protections applicable to the registry under this section are \nat least as stringent as the privacy and security protections under \nHIPAA privacy and security law (as defined in section 3009).\n ``(h) Reports to Congress.--\n ``(1) Initial report.--Not later than 18 months after the \n date of enactment of the Mary Jo Lawyer Spano Mesothelioma \n Patient Registry Act of 2015, the Secretary shall submit to the \n Congress a report that--\n ``(A) shall outline--\n ``(i) the findings in the mesothelioma \n patient registry under subsection (a);\n ``(ii) future plans for expansion or \n revision of such registry; and\n ``(iii) the scope of such registry; and\n ``(B) may include a description of the activities \n undertaken by the Secretary to establish partnerships \n with research and patient advocacy communities to \n expand such registry.\n ``(2) Subsequent report.--Not later than 4 years after the \n date of enactment of the Mary Jo Lawyer Spano Mesothelioma \n Patient Registry Act of 2015, the Secretary shall submit a \n report to the Congress concerning the implementation of this \n section. Such report should include information on--\n ``(A) the development and maintenance of the \n mesothelioma patient registry under subsection (a);\n ``(B) the type of information collected and stored \n in the registry;\n ``(C) the use and availability of such information, \n including guidelines for such use; and\n ``(D) the use and coordination of databases that \n collect or maintain information on mesothelioma.''.","summary":"Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The Agency shall use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients, collect, consolidate, and report on health information on mesothelioma patients. Describe the incidence and prevalence of mesothelioma in the United States, facilitate research on mesothelioma, examine factors that may be associated with mesothelioma, outline key demographic factors associated with mesothelioma. And make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. The Agency: (1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States and information concerning demographics and other information associated with mesothelioma, such as geographic location and family history, risk factors, and diagnosis and progression markers. (2) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning the epidemiology, natural history, and prevention of the disease, the detection, management, and treatment approaches for the disease, and the development of outcomes measures. And (3) shall make registry information available to federal agencies and the public.","title":"Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015","text_len":7035,"sum_len":1559} {"bill_id":"113_hr5651","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Hardship Relief \nAct''.\n\nSEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR \n SMALL BUSINESSES.\n\n (a) In General.--Section 4980H of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(e) Hardship Exemption for Small Businesses.--\n ``(1) In general.--Subsections (a) and (b) shall not apply \n to any small business for any month if such small business is \n experiencing a hardship with respect to the calendar year in \n which such month begins.\n ``(2) Hardship.--A small business shall be treated for \n purposes of this subsection as experiencing a hardship for any \n calendar year if such business demonstrates to the satisfaction \n of the Secretary that such business--\n ``(A) missed two or more consecutive loan payments \n during such year,\n ``(B) is a debtor in a title 11 case (as defined in \n section 108(d)(2)) the pendency of which includes any \n portion of such year,\n ``(C) received a notice from a utility during such \n year that such utility is preparing to stop providing \n services to such business by reason of nonpayment of \n amounts owed for utility service,\n ``(D) received a notice of eviction of foreclosure \n during such year,\n ``(E) experienced a fire, flood, other natural or \n human-caused disaster that resulted in substantial \n damage to property of the business during such year, or\n ``(F) experiences such other hardship during such \n year as the Secretary may determine for purposes of \n this subsection.\n ``(3) Limitation to 5 years of exemptions.--Paragraph (1) \n shall not apply to any small business for any calendar year if \n such paragraph has applied to such small business for any 5 \n previous calendar years.\n ``(4) Small business.--For purposes of this subsection--\n ``(A) In general.--The term `small business' means, \n with respect to any calendar year, an employer who \n employed an average of not more than 100 full-time \n employees on business days during the preceding \n calendar year.\n ``(B) Application of certain rules for determining \n employer size; treatment of full-time equivalents as \n full-time employees.--Rules similar to the rules of \n subparagraphs (C) and (E) of subsection (c)(2) shall \n apply for purposes of this subsection.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to months beginning after the date of the enactment of this Act.\n (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.--\nNotwithstanding any other provision of law, whether the hardship \nexemption provided under section 4980H of the Internal Revenue Code of \n1986 (as added by this section) applies with respect to a taxpayer \nshall not be taken into account by the Internal Revenue Service as the \nsole factor in determining whether to audit such taxpayer.\n (d) Treasury Study on Additional Indications of Business \nHardship.--\n (1) Study.--The Secretary of the Treasury shall conduct a \n study regarding the additional hardships which would be \n appropriate to add to the list of hardships in paragraph (2) of \n section 4980H(e) of the Internal Revenue Code of 1986 (as added \n by this section), consistent with the purposes of such section.\n (2) Determination of additional hardships.--Not later than \n 6 months after the date of the enactment of this Act, the \n Secretary of the Treasury shall, with respect to any hardship \n which the Secretary determines should be added to such list of \n hardships, add such hardship to such list by making the \n determination described in subparagraph (F) of such section.\n (3) Report.--Not later than 6 months after the date of the \n enactment of this Act, the Secretary of the Treasury shall \n provide a written report to Congress with respect to the study \n conducted under paragraph (1). Such report shall include a \n description of each hardship considered for inclusion in such \n list of hardships, whether the Secretary made the determination \n to include such hardship in such list, and the reasons that \n such hardship was or was not so included, as the case may be.\n (4) References to secretary of the treasury.--Any reference \n in this subsection to the Secretary of the Treasury shall \n include a reference to any designee of such Secretary.","summary":"Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business nbsp. Experiencing a hardship. Defines hardship to include situations in which a small business has missed two or more consecutivenbsp. Loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding,nbsp. Has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or hasnbsp. Experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) fromnbsp, taking into accountnbsp, the applicability of a hardship exemption to a small businessnbsp. As the sole factor in determining whether to audit such business.","title":"Small Business Hardship Relief Act","text_len":5052,"sum_len":971} {"bill_id":"108_s2671","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Fiscal Relief Act of 2004''.\n\nSEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF.\n\n (a) Extension of Temporary Freeze of Medicaid FMAP for Certain \nStates.--Section 401(a) of the Jobs and Growth Tax Relief \nReconciliation Act of 2003 (42 U.S.C. 1396d note) is amended--\n (1) in the subsection heading, by striking \n ``$10,000,000,000 for a'';\n (2) in paragraph (2)--\n (A) in the paragraph heading, by striking ``first 3 \n quarters of''; and\n (B) by striking ``the first, second, and third \n calendar quarters'' and inserting ``each calendar \n quarter'';\n (3) by redesignating paragraphs (3) through (9) as \n paragraphs (4) through (10), respectively; and\n (4) by inserting after paragraph (2), the following:\n ``(3) Permitting maintenance of fiscal year 2004 fmap for \n fiscal year 2005.--Subject to paragraph (6), if the FMAP \n determined without regard to this subsection for a State for \n fiscal year 2005 is less than the FMAP as so determined for \n fiscal year 2004, the FMAP for the State for fiscal year 2004 \n shall be substituted for the State's FMAP for each calendar \n quarter of fiscal year 2005, before the application of this \n subsection.''.\n (b) Temporary Increase in Medicaid FMAP for All States.--Section \n401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 \nU.S.C. 1396d note), as amended by subsection (a), is amended by \nstriking paragraphs (4) and (5) (as redesignated by subsection (a)(3)) \nand inserting the following:\n ``(4) Temporary increase in medicaid fmap.--\n ``(A) General 2.95 percentage points increase for \n last 2 calendar quarters of fiscal year 2003 and first \n 3 calendar quarters of fiscal year 2004.--Subject to \n paragraphs (6), (7), and (8), for each State for the \n third and fourth calendar quarters of fiscal year 2003 \n and for the first, second, and third calendar quarters \n of fiscal year 2004, the FMAP (taking into account the \n application of paragraphs (1), (2), and (3)) shall be \n increased by 2.95 percentage points.\n ``(B) General 1.26 percentage points increase for \n last calendar quarter of fiscal year 2004 and each \n calendar quarter of fiscal year 2005.--Subject to \n paragraphs (6), (7), and (8), for each State for the \n fourth calendar quarter of fiscal year 2004 and each \n calendar quarter of fiscal year 2005, the FMAP (taking \n into account the application of paragraphs (1), (2), \n and (3) but without regard to the application of \n subparagraph (A)) shall be increased by 1.26 percentage \n points.\n ``(5) Increase in cap on medicaid payments to \n territories.--\n ``(A) Last 2 calendar quarters of fiscal year 2003 \n and first 3 calendar quarters of fiscal year 2004.--\n Subject to paragraphs (7) and (8), with respect to the \n third and fourth calendar quarters of fiscal year 2003 \n and the first, second, and third calendar quarters of \n fiscal year 2004, the amounts otherwise determined for \n Puerto Rico, the Virgin Islands, Guam, the Northern \n Mariana Islands, and American Samoa under subsections \n(f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) \nshall each be increased by an amount equal to 5.90 percent of such \namounts.\n ``(B) Last calendar quarter of fiscal year 2004 and \n each calendar quarter of fiscal year 2005.--Subject to \n paragraphs (7) and (8), with respect to the fourth \n calendar quarter of fiscal year 2004 and each calendar \n quarter of fiscal year 2005, the amounts otherwise \n determined for Puerto Rico, the Virgin Islands, Guam, \n the Northern Mariana Islands, and American Samoa under \n subsections (f) and (g) of section 1108 of the Social \n Security Act (42 U.S.C. 1308) shall each be increased \n by an amount equal to 2.52 percent of such amounts.''.\n (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth \nTax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as \namended by subsections (a) and (b), is amended--\n (1) in paragraph (1), by striking ``paragraph (5)'' and \n inserting ``paragraph (6)'';\n (2) in paragraph (2), by striking ``paragraph (5)'' and \n inserting ``paragraph (6)'';\n (3) in paragraph (7) (as redesignated by subsection \n (a)(3))--\n (A) by striking ``paragraph (4)'' each place it \n appears and inserting ``paragraph (5)''; and\n (B) by striking ``paragraph (3)'' each place it \n appears and inserting ``paragraph (4)'';\n (4) in paragraph (8) (as so redesignated), by striking \n ``the first, second and third calendar quarters of fiscal year \n 2004'' and inserting ``each calendar quarter of fiscal year \n 2004 and fiscal year 2005''; and\n (5) in paragraph (10) (as so redesignated), by striking \n ``October 1, 2004'' and inserting ``January 1, 2005''.\n\nSEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG, \n IMPROVEMENT, AND MODERNIZATION ACT OF 2003.\n\n Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) \nis amended--\n (1) in paragraph (1)--\n (A) by striking ``described in paragraph (2)'' and \n inserting ``described in--\n ``(A) paragraph (2)(A)'';\n (B) by striking the period and inserting ``; and''; \n and\n (C) by adding at the end the following:\n ``(B) paragraph (2)(B) the per centum specified in \n section 1903(a)(7) shall be increased to such \n percentage as the Secretary specifies, except that the \n percentage shall not be less than the percentage \n applied by the Secretary to the payments made for \n administrative expenditures described in subparagraph \n (A) before the date of enactment of this \n subparagraph.'';\n (2) in paragraph (2), by striking ``that (but for the \n enactment of this section) would not be incurred.'' and \n inserting ``that--\n ``(A) but for the enactment of this section would \n not be incurred; or\n ``(B) but for the enactment of the Medicare, \n Prescription Drug, Improvement, and Modernization Act \n of 2003 and the amendments made by that Act would not \n be incurred.''; and\n (3) by striking paragraph (3) and inserting the following:\n ``(3) Limitations.--\n ``(A) Welfare reform attributable expenditures.--\n The total amount of additional Federal funds that are \n expended as a result of the application of this \n subsection with respect to administrative expenditures \n described in paragraph (2)(A) for the period beginning \n with fiscal year 1997 shall not exceed $500,000,000. In \n applying this subparagraph, the Secretary shall ensure \n the equitable distribution of additional funds among \n the States.\n ``(B) MMA attributable expenditures.--The total \n amount of additional Federal funds that are expended as \n a result of the application of this subsection with \n respect to administrative expenditures described in \n paragraph (2)(B) for the period beginning on October 1, \n 2004, and ending on the later of April 1, 2006, or the \n end of the first fiscal year quarter that begins on or \n after the date on which benefits are first provided \n under the voluntary prescription drug benefit program \n under part D of title XVIII (other than under the \n program under subpart 4 of part D of title XVIII), \n shall not exceed $1,200,000,000. In applying this \n subparagraph, the Secretary shall ensure the equitable \n distribution of additional funds among the States, \n taking into account the following:\n ``(i) The percentage of individuals who \n reside in a State who are eligible for medicare \n cost-sharing under clause (i), (iii), or (iv) \n of section 1902(a)(10)(E).\n ``(ii) The number of full-benefit dual \n eligible individuals (as defined in section \n 1935(c)(6)) who reside in a State.''.","summary":"State Fiscal Relief Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States . Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. And (2) by 1.26 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Amends SSA title XIX, with respect to the transitional increased Federal matching rate for increased administrative costs, to require a specified minimum increase for administrative expenditures that would not be incurred but for enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Sets $1.2 billion as the cap on the total amount of additional Federal funds expended as a result of this Act with respect to such administrative expenditures between October 1, 2004, and the later of either: (1) April 1, 2006. Or (2) the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under SSA title XVIII (Medicare) part D.","title":"A bill to extend temporary State fiscal relief, and for other purposes.","text_len":9461,"sum_len":1645} {"bill_id":"109_hr1367","text":"SECTION 1. FINDINGS; SENSE OF THE CONGRESS.\n\n (a) Findings.--The Congress finds the following:\n (1) The workers who mine American coal have fueled nearly 2 \n centuries of industrial development, and are crucial to the \n Nation's economic well-being.\n (2) The Federal Government has had a central role with \n regard to both the coal industry and the health and welfare of \n coal miners. Both the Congress and the executive branch have \n frequently intervened in the coal industry to protect the \n interests of both coal miners and the industry itself. For \n example--\n (A) the Congress enacted legislation--\n (i) regulating the coal industry to protect \n the health and safety of coal miners; and\n (ii) guaranteeing health care for coal \n miners and their families, and providing \n benefits to victims of black lung disease; and\n (B) the Executive Branch has seized the Nation's \n coal mines for the purpose of negotiating a collective \n bargaining agreement on the mine owners' behalf, has \n otherwise frequently intervened in collective \n bargaining in the coal industry, and has created \n numerous panels and commissions to study problems and \n issues unique to coal mining communities and the coal \n Industry.\n (3) Because coal is an abundant domestic resource, a strong \n coal industry serves to reduce American dependence upon foreign \n oil and is vital both to commerce and to the defense of the \n United States.\n (4) As the result of the abuse of the provisions of \n bankruptcy law, certain coal industry employers have been able \n to gain unfair advantages over their competitors, primarily at \n the expense of their employees.\n (b) Sense of the Congress.-- It is the sense of the Congress that \nthe abuse of the provisions of bankruptcy law by certain coal industry \nemployers is damaging to the economic health of the United States, as \nwell as to the employees who are directly harmed by such legal abuses.\n\nSEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.\n\n Title 11 of the United States Code is amended--\n (1) in section 101 by inserting after paragraph (5) the \n following:\n ``(5A) Coal industry employer.--The term `coal industry \n employer' means an employer in the coal industry, and all \n members of the employer's controlled group of corporations and \n all trades and businesses under common control (within the \n meaning of sections 52(a) and 52(b) of the Internal Revenue \n Code of 1986).\n ``(5B) Covered facility of a coal industry employer.--The \n term `covered facility of a coal industry employer' means any \n facility owned or operated by a coal industry employer that is \n involved in the production, processing, or transportation of \n coal.'';\n (2) in section 363 by adding at the end the following:\n ``(p) Notwithstanding subsection (f), a covered facility of a \ndebtor that is coal industry employer that is sold by the trustee shall \nremain subject to the labor rights of the current and former employees \nof the debtor. For purposes of this subsection, the term `labor rights' \nmeans--\n ``(1) if the employees at a covered facility of a coal \n industry employer to be sold are covered under the terms of a \n current collective bargaining agreement (other than an \n agreement that has been rejected pursuant to the terms of \n sections 365 or 1113), the obligations of the debtor arising \n under that agreement or under the National Labor Relations Act; \n or\n ``(2) if the employees at a covered facility of a coal \n industry employer to be sold are represented by a labor \n organization but are not covered under the terms of an current \n collective bargaining agreement, the obligations of the debtor \n arising under the National Labor Relations Act.\nFurthermore, in the case of the sale of a covered facility of a coal \nindustry employer at which employees are represented by a labor \norganization, such labor organization shall be conclusively presumed to \nenjoy majority support for a period of 1 year from the date of such \nsale, or such longer period as required by applicable nonbankruptcy \nlaw.'';\n (3) in section 1113 by adding at the end the following:\n ``(g)(1) Notwithstanding any other provision of this section, no \napplication for the rejection of a collective bargaining agreement \nbetween a coal industry employer relating to a covered facility of such \ncoal industry employer shall be approved unless the following \nadditional conditions are met:\n ``(A) The information provided pursuant to subsection \n (b)(1)(B) has been personally verified by the principal \n officers (including the principal executive officer and \n principal financial officer) of the debtor under penalty of \n perjury.\n ``(B) As soon as practicable after the filing of an \n application under this section, the Secretary of Labor shall \n submit a list of five disinterested individuals who are \n qualified and willing to serve as trustees in the case. The \n United States trustee shall appoint one of such individuals to \n serve as trustee in the case.\n ``(C) The court finds that the executive management of the \n debtor has not received any wage increases or bonuses during \n the period that the case is pending under this title, or within \n the year preceding the filing of the petition, or that any such \n wage increases or bonuses have been disgorged and refunded to \n the debtor.\n ``(D) The court finds that the proposal made pursuant to \n subsection (b)(1)(A)--\n ``(i) does not purport to relieve the debtor, or \n the purchaser of a covered facility of a coal industry \n employer, from any obligations otherwise arising under \n the National Labor Relations Act;\n ``(ii) provides that the purchaser of any facility \n owned by the debtor is to be considered a `successor' \n under the National Labor Relations Act;\n ``(iii) does not abridge labor rights, as defined \n in section 363(p); and\n ``(iv) provides that existing employees retain all \n noneconomic employment rights provided under the terms \n of the collective bargaining agreement (including the \n right to not be terminated without cause and any recall \n rights following a layoff), both with regard to the \n debtor and the purchaser of a covered facility of a \n coal industry employer.\n ``(2) Any obligations arising under the terms of a collective \nbargaining agreement prior to the entry of relief under this section \nshall be secured by a lien on all of the assets of the debtor.''; and\n (4) in section 1114 by adding the following at the end:\n ``(m) If the court enters an order approving an application for the \nmodification of retiree benefits owed by a coal industry employer \nrelating to a covered facility of such coal industry employer, all \nmembers of the debtor's controlled group of corporations and all trades \nand businesses under common control (within the meaning of sections \n52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly \nand severally liable for all damages arising as the result of the entry \nof such order, and all such claims shall be entitled to priority \npursuant to section 507(a)(1).''.\n\nSEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.\n\n This Act and the amendments made by this Act shall take effect on \nthe date of the enactment of this Act, and shall apply with respect to \ncases commenced under title 11 of the United States Code before, on, or \nafter such date.","summary":"Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor. States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law. Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility. States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets. Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status.","title":"To amend title 11 of the United States Code to protecting the labor rights of current and former employees of coal industry employers that are debtors under such title.","text_len":8377,"sum_len":1463} {"bill_id":"109_hr1604","text":"SECTION 1. INCLUSION OF HAZARDOUS DUTY PAY AND DIVING PAY IN \n COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE \n ARMED FORCES WITH EXTENSIVE HAZARDOUS DUTY EXPERIENCE.\n\n (a) In General.--Chapter 71 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 1415. Members with extensive hazardous duty experience: increase \n in retired pay\n ``(a) Increase in Retired Pay for Qualifying Members.--The retired \npay of a member who performs qualifying hazardous duty and who retires \non or after the date of the enactment of this section shall be \nincreased by the amount determined under subsection (b).\n ``(b) Computation of Increase.--The amount of an increase in \nretired pay under this section shall be the sum of the following:\n ``(1) Hazardous duty special pay.--If the member received \n special pay under section 301 of title 37, the amount equal to \n the product of--\n ``(A) the monthly amount of special pay under that \n section as in effect for the final month for which the \n member received that special pay; and\n ``(B) the fraction in which the numerator is the \n number of months for which the member received such \n special pay and the denominator is the total number of \n months for which the member received basic pay.\n ``(2) Diving duty special pay.--If the member received \n special pay under section 304 of title 37, the amount equal to \n the product of--\n ``(A) the monthly amount of special pay under that \n section as in effect for the final months for which the \n member received that special pay; and\n ``(B) the fraction in which the numerator is the \n number of months for which the member received such \n special pay and the denominator is the total number of \n months for which the member received basic pay.\n ``(c) Qualifying Members.--A member shall be considered to have \nperformed qualifying hazardous duty for purposes of this section if the \nmember received special pay under section 301 of title 37 (relating to \nspecial pay for hazardous duty) or section 304 of title 37 (relating to \nspecial pay for diving duty), or both, for not less than 60 months \n(whether or not consecutive).\n ``(d) Treatment Under Other Provisions Relating to Retired Pay.--An \namount by which retired pay is increased under this section shall not \nbe considered to be retired pay for purposes of section 1408 of this \ntitle or for purposes of the Survivor Benefit Plan under subchapter II \nof chapter 73 of this title.\n ``(e) Retainer Pay.--In this section, the term `retired pay' \nincludes retainer pay payable under section 6330 of this title.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``1415. Members with extensive hazardous duty experience: increase in \n retired pay.''.\n\nSEC. 2. COMPTROLLER GENERAL STUDY OF TAX CREDITS AND SMALL BUSINESS \n LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND \n RESERVE MEMBERS.\n\n (a) Study Required.--The Comptroller General shall conduct a study \nto determine--\n (1) whether members of the National Guard and Reserve \n comprise a disproportionately large portion of the employees of \n any size or type of business, including small business \n concerns;\n (2) the amount of Federal tax benefit that would be \n appropriate to compensate such a business for costs associated \n with employing members of National Guard and Reserve units and \n having such members called to active duty; and\n (3) whether changes can be made to the small business loan \n program, such as a targeted level of loans, reduced interest \n rates, and reduced paperwork burdens for loan applications, to \n assist small business concerns to deal with the costs \n associated with employing members of National Guard and Reserve \n units and having such members called to active duty.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Comptroller General shall submit to Congress \na report containing the results of the study. The report shall include \nlegislative proposals--\n (1) to provide the recommended tax benefit identified in \n the study; and\n (2) to modify the small business loan program to assist \n small business concerns that employ members of National Guard \n and Reserve units.\n\nSEC. 3. SECRETARY OF DEFENSE REPORT ON EXPANSION OF JUNIOR ROTC AND \n SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE.\n\n (a) Findings.--Congress finds that--\n (1) the Junior Reserve Officers' Training Corps, the Civil \n Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of \n the Marine Corps League provide significant benefits for the \n Armed Forces, including significant public relations benefits; \n and\n (2) there is substantial interest in expanding the scope of \n those programs.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Defense shall submit to \nCongress a report providing the Secretary's assessment of the \nfeasibility and desirability of expanding the Junior Reserve Officers' \nTraining Corps program of each of the military departments, the Civil \nAir Patrol, the Naval Sea Cadet Corps, and the Young Marines of the \nMarine Corps League. The report shall include such recommendations as \nthe Secretary considers appropriate for expansion of those programs \nthrough an increase in the number of units or participants in those \nprograms, increased funding for those programs, or such other means as \nthe Secretary determines.","summary":"Includes hazardous duty pay and diving duty special pay received for at least 60 months as qualifying pay in the computation of military retired pay. Directs the Comptroller General to study the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Directs the Secretary of Defense to report to Congress on an assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps (ROTC) program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League.","title":"To amend title 10, United States Code, to provide for the inclusion of hazardous duty pay and diving pay in the computation of military retired pay for members of the Armed Forces with extensive hazardous duty experience, to require a Comptroller General study on the need for a tax credit for businesses that employ members of the National Guard and Reserve, and to require a report by the Secretary of Defense on the expansion of the Junior ROTC and similar military programs for young people.","text_len":6122,"sum_len":636} {"bill_id":"106_hr5107","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Work Made For Hire and Copyright \nCorrections Act of 2000''.\n\nSEC. 2. WORK MADE FOR HIRE.\n\n (a) Definition.--The definition of ``work made for hire'' contained \nin section 101 of title 17, United States Code, is amended--\n (1) in paragraph (2), by striking ``as a sound recording,''; \n and\n (2) by inserting after paragraph (2) the following:\n ``In determining whether any work is eligible to be considered a \n work made for hire under paragraph (2), neither the amendment \n contained in section 1011(d) of the Intellectual Property and \n Communications Omnibus Reform Act of 1999, as enacted by section \n 1000(a)(9) of Public Law 106-113, nor the deletion of the words \n added by that amendment--\n ``(A) shall be considered or otherwise given any legal \n significance, or\n ``(B) shall be interpreted to indicate congressional \n approval or disapproval of, or acquiescence in, any judicial \n determination,\n by the courts or the Copyright Office. Paragraph (2) shall be \n interpreted as if both section 2(a)(1) of the Work Made For Hire \n and Copyright Corrections Act of 2000 and section 1011(d) of the \n Intellectual Property and Communications Omnibus Reform Act of \n 1999, as enacted by section 1000(a)(9) of Public Law 106-113, were \n never enacted, and without regard to any inaction or awareness by \n the Congress at any time of any judicial determinations.''.\n (b) Effective Date.--\n (1) Effective date.--The amendments made by this section shall \n be effective as of November 29, 1999.\n (2) Severability.--If the provisions of paragraph (1), or any \n application of such provisions to any person or circumstance, is \n held to be invalid, the remainder of this section, the amendments \n made by this section, and the application of this section to any \n other person or circumstance shall not be affected by such \n invalidation.\n\nSEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.\n\n (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States \nCode, is amended as follows:\n (1) Section 710, and the item relating to that section in the \n table of contents for chapter 7, are repealed.\n (2) Section 705(a) is amended to read as follows:\n ``(a) The Register of Copyrights shall ensure that records of \ndeposits, registrations, recordations, and other actions taken under \nthis title are maintained, and that indexes of such records are \nprepared.''.\n (3)(A) Section 708(a) is amended to read as follows:\n ``(a) Fees.--Fees shall be paid to the Register of Copyrights--\n ``(1) on filing each application under section 408 for \n registration of a copyright claim or for a supplementary \n registration, including the issuance of a certificate of \n registration if registration is made;\n ``(2) on filing each application for registration of a claim \n for renewal of a subsisting copyright under section 304(a), \n including the issuance of a certificate of registration if \n registration is made;\n ``(3) for the issuance of a receipt for a deposit under section \n 407;\n ``(4) for the recordation, as provided by section 205, of a \n transfer of copyright ownership or other document;\n ``(5) for the filing, under section 115(b), of a notice of \n intention to obtain a compulsory license;\n ``(6) for the recordation, under section 302(c), of a statement \n revealing the identity of an author of an anonymous or pseudonymous \n work, or for the recordation, under section 302(d), of a statement \n relating to the death of an author;\n ``(7) for the issuance, under section 706, of an additional \n certificate of registration;\n ``(8) for the issuance of any other certification; and\n ``(9) for the making and reporting of a search as provided by \n section 705, and for any related services.\nThe Register is authorized to fix fees for other services, including \nthe cost of preparing copies of Copyright Office records, whether or \nnot such copies are certified, based on the cost of providing the \nservice.''.\n (B) Section 708(b) is amended--\n (i) by striking the matter preceding paragraph (1) and \n inserting the following:\n ``(b) Adjustment of Fees.--The Register of Copyrights may, by \nregulation, adjust the fees for the services specified in paragraphs \n(1) through (9) of subsection (a) in the following manner:'';\n (ii) in paragraph (1), by striking ``increase'' and \n inserting ``adjustment'';\n (iii) in paragraph (2), by striking ``increase'' the \n first place it appears and inserting ``adjust''; and\n (iv) in paragraph (5), by striking ``increased'' and \n inserting ``adjusted''.\n (b) Conforming Amendment.--Section 121(a) of title 17, United \nStates Code, is amended by striking ``sections 106 and 710'' and \ninserting ``section 106''.\n (c) Effective Date.--\n (1) In general.--The amendments made by this section shall take \n effect on the date of the enactment of this Act.\n (2) Carry-over of existing fees.--The fees under section 708(a) \n of title 17, United States Code, on the date of the enactment of \n this Act shall be the fees in effect under section 708(a) of such \n title on the day before such date of enactment.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. Revises Copyright Office fee provisions. Authorizes the Register to adjust such fees.","title":"Work Made for Hire and Copyright Corrections Act of 2000","text_len":5749,"sum_len":307} {"bill_id":"108_s3022","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Innovation Competitiveness Act of \n2004''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) If the United States is to dominate the next critically \n decisive stage of industrial progress, it must be the first to \n create the technologies and skilled workforce capable of taking \n advantage of new high technology opportunities.\n (2) Research, innovation, and human capital are our \n principal strengths. By sustaining United States investments in \n research and finding collaborative arrangements to leverage \n existing resources and funds in a scarce budget environment, we \n ensure that America remains at the forefront of scientific and \n technological capability.\n (3) The United States has begun to confront a new level of \n global competition.\n (4) The United States remains a leading attraction for \n innovating talent and entrepreneurial activity. The United \n States's research and development system is the best in the \n world. It comprises the world's largest market and promotes a \n vibrant entrepreneurial business climate.\n (5) For the United States to maintain its high standards of \n living through continued economic prosperity over the long-\n term, the basic components of the Nation's innovation \n ecosystems must remain healthy.\n (6) Technology transfer of publicly funded research is a \n critical mechanism for optimizing the return on taxpayer \n investment, particularly where other benefits are not \n measurable at all or are very long-term.\n (7) Active marketing and educational campaigns tailored by \n individual Federal agencies on their respective research and \n development activities are important where--\n (A) inventions have multiple applications and may \n need to be matched-up with commercial enterprises \n representing several industries; and\n (B) new invention applications may require rapid \n development and dissemination by companies not \n otherwise known by the agency.\n (8) Technology transfer has become a very broad activity, \n with many stakeholders and users. Aggregating available \n technology transfer resources into a single location, available \n in an electronic format, would help--\n (A) facilitate the access, administration, \n education, monitoring, and efficiency of technology \n transfer activities with the government;\n (B) stimulate further interaction and \n responsiveness from the private sector; and\n (C) facilitate the formation of much needed \n technology transfer databases and provide opportunities \n to examine and track more refined measurements of \n technology flows.\n (9) A 2003 Department of Commerce survey reported that only \n 34 percent of the Federal laboratories surveyed formed \n laboratory industrial advisory committees. These committees can \n advocate and promote effective communication between Federal \n laboratories and the user communities to help facilitate mutual \n understanding and leverage maximum impact of the research \n conducted.\n (10) Because the entire innovation process is continuing to \n evolve in an arena of increasing global competition, \n identifying metrics to quantify program effectiveness is of \n increasing importance. Metrics need to take into account a wide \n range of steps in a highly complex process, as well as the \n ultimate product or service, but should not constrain the \n continued evolution or development of new technology transfer \napproaches. In addition, these metrics need to accommodate.\n (A) characteristics unique to varying industries; \n and\n (B) mission differences between the licensing \n institutions.\n (11) Local and regional impacts from Federal research and \n development activities have a direct impact on communities in \n which they are conducted. Such activities attract new \n businesses to these areas, thereby stimulating local economies \n and improving local education.\n (12) State governments are already active in providing a \n friendly and complementary research and development \n environment.\n (13) Half of all States each receive half a billion or more \n Federal research and development dollars yearly.\n (14) Given the importance of Federal research and \n development investments to the Nation, States, and localities, \n little information is widely available. There is a need for a \n data system that can provide detailed information on all of the \n activities and scope of the Federal research and development \n enterprise so that State and local officials can use the \n information to identify new opportunities for State-Federal \n research collaboration.\n\nSEC. 3. OUTREACH ACTIVITIES.\n\n (a) Technology Transfer Director.--The Secretary of Commerce shall \ndesignate a Technology Transfer Director within the Technology \nAdministration to perform oversight of and policy development for \ntechnology transfer activities at the Department of Commerce.\n (b) Duties.--The Director shall--\n (1) coordinate the activities of the Interagency Working \n Group on Technology Transfer, oversee the expenditure of funds \n allocated to the Technology Transfer Working Group;\n (2) coordinate with each technology partnership ombudsman \n appointed under section 11 of the Technology Transfer \n Commercialization Act of 2000 (42 U.S.C. 7261c);\n (3) establish and maintain procedures for ensuring the \n effective coordination of the technology transfer outreach \n activities of the Department between and among--\n (A) the National Technical Information Service;\n (B) the Federal Laboratory Consortium for \n Technology Transfer;\n (C) the National Science Foundation;\n (D) the National Aeronautics and Space \n Administration; and\n (E) other appropriate Federal agencies.\n (b) Responsibilities.--The Director's responsibilities shall \ninclude--\n (1) coordinating technology transfer activities occurring \n at National Laboratories and single purpose research \n facilities;\n (2) exchanging information about technology transfer \n practices, including alternative approaches to resolution of \n disputes involving intellectual property rights and other \n technology transfer matters;\n (3) developing and disseminating to the public and \n prospective technology partners information about opportunities \n and procedures for technology transfer through a one-stop \n information virtual center; and\n (4) providing and disseminating information through \n prepared material on Federally owned or originated products, \n processes, and services having potential application to State \n and local governments and to private industry.\n (d) Oversight.--The Director shall--\n (1) periodically review the procedures maintained under \n subsection (c) for the purpose of ensuring that such procedures \n meet the requirements of that subsection; and\n (2) make such modifications to such procedures as the \n Director considers appropriate in light of such review in order \n to better achieve the purposes of this section.\n\nSEC. 4. RESEARCH ACTIVITIES.\n\n (a) In General.--The Secretary, through the Technology Transfer \nDirector as established by section 3, shall establish a research \nprogram within the Technology Administration that will--\n (1) involve consultation, as appropriate, with the various \n units of the Commerce Department, including the Federal \n Laboratory Consortium for Technology Transfer, each Federal \n agency's research and technology applications, and utilization \n (with the consent of the agency involved) of the expertise and \n services of the National Science Foundation, the National \n Aeronautics and Space Administration, and other Federal \n agencies;\n (2) build upon ongoing efforts of the private sector; and\n (3) involve consortia that include government and industry.\n (b) Development of Research Tools and Practices.--The Director \nshall work with industry, trade associations, professional societies, \nand others to conduct experimentation, analysis, testing, verification, \nand demonstration of improved tools and practices that identify--\n (1) best practices for technology transfer, and\n (2) metrics to quantify technology transfer practices \n effectiveness, taking into account wide range of differences in \n technology, market dynamics, intellectual property in varying \n industrial sectors, as well as different mission differences \n between licensing institutions.\n (c) Study.--The Director shall work with industry, trade \nassociations, professional societies, and others--\n (1) to develop reliable data on how to improve workforce \n education and address critical workforce issues, including the \n availability of scientists and engineers and a readily \n available pool of skilled employees;\n (2) to process reviews to reduce complexity of, and time \n required to complete, technology transfer transactions;\n (3) to study and assess the implications of technology \n development and transfer in a global environment, with specific \n attention to the effects of emerging technology; and\n (4) to analyze why the widely recognized ``valley of \n death'' remains an obstacle to the adaption by the private \n sector of Federal laboratory technologies for use in commercial \n markets.\n (d) Dissemination and Technical Assistance Program.--The Director \nshall oversee a dissemination and technical assistance program to \nassist with the immediate dissemination and implementation of the \npractices, standards, and codes developed by the Technology \nAdministration.\n (e) Reports.--\n (1) Initial report.--Not later than 120 days after the date \n of enactment of this Act, the Director shall submit a report \n detailing the proposed schedule of studies and other activities \n to be undertaken under this Act to the Senate Committee on \n Commerce, Science, and Transportation and the House of \n Representatives Committee on Science.\n (2) Annual progress reports.--Not later than 12 months \n after the date of enactment of this Act, and annually \n thereafter, the Director shall submit a progress report to the \n committees described under paragraph (1), which summarizes the \n Technology Administration's activities under this Act.\n\nSEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.\n\n The Secretary shall designate a small business advocate within the \nDepartment--\n (1) to increase the participation of small business \n concerns, including socially and economically disadvantaged \n small business concerns, in procurement, collaborative \n research, technology licensing, and technology transfer \n activities conducted by the National Laboratories or single-\n purpose research facilities;\n (2) to report to the National Laboratory Consortium on the \n actual participation of small business concerns in procurement \n and collaborative research along with recommendations, if \n appropriate, on how to improve participation;\n (3) to make available to small business concerns training, \n mentoring, and clear, up-to-date information on how to \n participate in procurement and collaborative research, \n including how to submit effective proposals, and information \n related to alternative approaches to resolution of disputes \n involving intellectual property rights and other technology \n transfer matters;\n (4) to increase awareness inside the National Laboratories \n and single-purpose research facilities of the capabilities and \n opportunities presented by small business concerns; and\n (5) to establish guidelines for a small business program \n under this Act and report on the effectiveness of such program \n to the Secretary.\n\nSEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.\n\n (a) Establishment.--The Secretary shall establish a State and \nIndustry Task Force for the purpose of highlighting areas--\n (1) where the Federal government can help in State efforts \n to provide a complementary research and development \n environment; and\n (2) that exist where the Federal government could assist in \n efforts to help match Federal programs, to the extent possible, \n with State economic development efforts.\n (b) Membership.--The Task Force shall be comprised of not fewer \nthan 9 nor more than 15 members appointed by the Secretary, and shall \ninclude such representatives from State and local governments, \nindustry, universities, professional societies, Government \nlaboratories, and other organizations as the Secretary considers \nappropriate based on the Secretary's assessment of the technical and \nother qualifications of such representatives.\n (c) Terms.--\n (1) In general.--The term of a member of the Task Force \n shall be 3 years.\n (2) Staggered terms.--The Secretary may appoint members of \n the Task Force in a manner that allows the terms of the members \n serving at any time to expire at spaced intervals so as to \n ensure continuity in the functioning of the Task Force.\n (3) Reappointment.--A member of the Task Force whose term \n expires may be reappointed.\n (d) Chairperson.--The Task Force shall have a chairperson, who \nshall be elected by the members.\n (e) Cooperation.--The heads of Federal agencies shall cooperate \nwith the Task Force in carrying out the requirements of this section \nand shall furnish to the Task Force such information as the committee \nconsiders necessary to enable it to carry out its functions.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Technology \n Transfer Director appointed under section 3.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (3) Small business concern.--The term ``small business \n concern'' has the meaning given that term in section 3 of the \n Small Business Act (15 U.S.C. 632).\n (4) Socially and economically disadvantaged small business \n concerns.--The term ``socially and economically disadvantaged \n small business concerns'' has the meaning given that term in \n section 8(a)(4) of the Small Business Act (15 U.S.C. \n 637(a)(4)).","summary":"Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce. Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer, (2) coordinate with certain technology partnership ombudsmans. And (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer. Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department, (2) builds upon ongoing private sector efforts. And (3) involves consortia. Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices. And (2) conduct a specified study. Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns. And (2) establish guidelines for a small business program under this Act. Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment.","title":"A bill to enhance the Federal investment in research and development and the development of innovative technologies, and for other purposes.","text_len":15756,"sum_len":1808} {"bill_id":"108_s2176","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``High-End Computing Revitalization \nAct of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) high-end computing is a critical component of the \n scientific advances, defense capabilities, and commercial \n competitiveness of the United States in the 21st century;\n (2) with the deployment of the Earth System Simulator in \n Japan, the United States no longer has a clear lead in high-end \n computing worldwide;\n (3)(A) promising new architectures should be developed that \n increase memory and network bandwidth, minimize latency, and \n coordinate the architectures' various components to maximize \n application performance; and\n (B) it is recognized that different architectures may be \n better suited to different applications;\n (4)(A) software that improves efficiency on and \n accessibility to high-end systems should be developed; and\n (B) this development effort should include research in \n optimal algorithms, programming environments, tools, languages, \n and operating systems for high-end computing, in collaboration \n with architecture development efforts;\n (5) without government support, market forces are unlikely \n to drive sufficient innovation in high-end computing, because \n the private sector would not capture the full value of its \n innovations on a short enough time frame; and\n (6) having played an important role in the development of \n high-end computing, networking, and information technology, the \n Department of Energy, and the research programs of the Office \n of Science of the Department, are particularly qualified to \n lead research in those fields.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) High-end computing system.--\n (A) In general.--The term ``high-end computing \n system'' means a computing system with performance that \n substantially exceeds commonly available systems.\n (B) Inclusions.--The term ``high-end computing \n system'' includes a system described in subparagraph \n (A) that is based on a variety of architectures, \n including vector, reconfigurable logic, streaming, \n processor-in-memory, and multithreading architectures.\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Energy, acting through the Director of the Office of Science \n of the Department of Energy.\n (4) Ultrascale scientific computing capability.--The term \n ``ultrascale scientific computing capability'' means a \n computing capability supporting open scientific research in the \n United States that is at least 100 times such computing \n capability in existence on the date of enactment of this Act.\n\nSEC. 4. HIGH-END COMPUTING SYSTEMS PROGRAM.\n\n (a) In General.--In addition to any other authority provided by \nlaw, the Secretary shall carry out a program of research and \ndevelopment (involving software and hardware) to advance high-end \ncomputing systems.\n (b) Duties.--In carrying out the program, the Secretary shall--\n (1) support both individual investigators and \n multidisciplinary teams of investigators;\n (2) conduct research in multiple architectures, including \n vector, reconfigurable logic, streaming, processor-in-memory, \n and multithreading architectures;\n (3) conduct research in software development on optimal \n algorithms, programming environments, tools, languages, and \n operating systems for high-end computing systems, in \n collaboration with architecture development efforts;\n (4) in accordance with subsection (c), develop, plan, \n construct, acquire, or operate equipment or facilities for the \n use of investigators conducting research and development on an \n ultrascale scientific computing capability;\n (5) support technology transfer to the private sector and \n others in accordance with applicable law; and\n (6) ensure that the program is coordinated with relevant \n activities in industry and other Federal agencies, including \n the National Nuclear Security Administration, the National \n Science Foundation, the Defense Advanced Research Projects \n Agency, and the National Security Agency.\n (c) Ultrascale Scientific Computing Capability.--\n (1) In general.--As part of the program carried out under \n this Act, the Secretary shall develop, plan, construct, \n acquire, or operate a coordinated set of facilities for \n investigators to develop an ultrascale scientific computing \n capability for--\n (A) scientific research and development using high-\n end computing systems; and\n (B) developing potential advancements in high-end \n computing system architecture and software.\n (2) Administration.--In carrying out this subsection, the \n Secretary shall--\n (A) support multiple high-end computing system \n architectures; and\n (B) conduct research on the basis of proposals \n (including proposals that are submitted by industry, \n institutions of higher education, national \n laboratories, or any Federal agency) for research on \n problems that would particularly benefit from large \n computing power, even as the reliability of new \n hardware and software components are being evaluated.\n (d) High-End Software Development Center.--\n (1) In general.--As part of the program carried out under \n this Act, the Secretary shall develop, plan, construct, \n acquire, or operate at least 1 High-End Software Development \n Center.\n (2) Duties.--A Center shall concentrate efforts to develop, \n test, maintain, and support optimal algorithms, programming \n environments, tools, languages, and operating systems for high-\n end computing systems.\n (3) Staff.--A Center shall include--\n (A) a regular research staff, to create a \n centralized knowledge-base for high-end software \n development; and\n (B) a rotating staff of researchers from other \n institutions and industry to assist in the coordination \n of research efforts and promote technology transfer to \n the private sector.\n (4) Use of expertise.--The Secretary shall use the \n expertise of a Center to assess research and development in \n high-end computing system architecture.\n (5) Location.--The location of a Center shall be determined \n by a competitive proposal process administered by the \n Secretary.\n (e) Peer Review.--Each grant, contract, cooperative agreement, and \nfinancial assistance awarded under this section shall be made only \nafter independent peer review.\n (f) Classified Research or Facilities.--No funds under this section \nmay be used to directly support classified research or facilities.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--In addition to amounts made available for high-end \ncomputing systems under other provisions of law, there are authorized \nto be appropriated to the Secretary to carry out this Act--\n (1) $150,000,000 for fiscal year 2005;\n (2) $155,000,000 for fiscal year 2006;\n (3) $160,000,000 for fiscal year 2007;\n (4) $165,000,000 for fiscal year 2008; and\n (5) $170,000,000 for fiscal year 2009.\n (b) Ultrascale Scientific Computing Capability.--Of the funds made \navailable under subsection (a), $100,000,000 is authorized to be \nappropriated for each fiscal year to carry out section 4(c).\n (c) High-End Software Development Center.--Of the funds made \navailable under subsection (a), $10,000,000 is authorized to be \nappropriated for each fiscal year to carry out section 4(d).","summary":"High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems. And (2) development of potential advancements in high-end computing system architecture and software. Requires such program to include establishment of at least one High-End Software Development Center.","title":"A bill to require the Secretary of Energy to carry out a program of research and development to advance high-end computing.","text_len":8645,"sum_len":581} {"bill_id":"106_hr895","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United Nations Population Fund \n(UNFPA) Funding Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The renewed commitment of the world community to the \n formulation of government policies that contribute to global \n population stabilization and to improvements in the status of \n women owes much to the efforts of the United Nations and its \n specialized agencies and organizations, particularly the United \n Nations Population Fund (UNFPA).\n (2) Over one-half of the UNFPA's assistance is devoted to \n maternal and child health programs, including the provision of \n family planning services, and it is a major supplier of modern \n methods of contraception. UNFPA also supports efforts aimed at \n preventing the spread of HIV\/AIDS and other sexually-\n transmitted diseases and activities aimed specifically at \n enhancing the status of women.\n (3) UNFPA does not fund abortion services, rather, UNFPA \n seeks to reduce the incidence of abortion by improving access \n to contraceptive services and to reduce deaths and injuries \n related to unsafe abortion by supporting treatment of women \n suffering from its complications.\n (4) Operating in over 160 nations in all regions of the \n world and as a politically neutral source of funds, UNFPA \n complements the important work of the United States Agency for \n International Development population assistance program.\n (5) As a result of the withdrawal of the United States \n contribution to UNFPA as of 1999, it is estimated that 870,000 \n women in the developing world will be deprived of effective \n modern contraception, leading to 500,000 unintended \n pregnancies, 234,000 births, 200,000 abortions, and thousands \n of maternal and child deaths.\n (6) Many global environmental problems, including water \n shortages, pollution, tropical deforestation, and the loss of \n wildlife habitat are linked to rapid population growth. UNFPA \n has assisted countries around the world plan for and slow \n population growth, therefore reducing its effects on the \n environment.\n (7) Assistance provided by UNFPA conforms to the principle, \n affirmed at the 1994 International Conference on Population and \n Development by 180 nations, including the United States, that \n ``all couples and individuals have the basic right to decide \n freely and responsibly the number and spacing of their children \n and to have the information, education, and means to do so.''.\n (8) UNFPA opposes coercion in any form. All of UNFPA's \n programs are designed in conformity with universally recognized \n human rights principles.\n (9) An appropriate way to express the legitimate concerns \n of the United States Government about the population policies \n of the People's Republic of China is by placing those concerns \n on the bilateral agenda along with other important human rights \n issues, not by singling out a United Nations agency by \n withholding all funding thereby punishing the women and \n families around the world who depend on its humanitarian aid.\n (10) UNFPA can and should play a constructive role in \n helping to reduce the incidence of coercive practices in China \n through its new country program that aims to expand voluntarism \n and contraceptive method choice, to strengthen a broader range \n of reproductive health services, and to enhance the status of \n women.\n\nSEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE \n UNITED NATIONS POPULATION FUND.\n\n In addition to amounts otherwise available to carry out the \npurposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, \nthere are authorized to be appropriated $25,000,000 for fiscal year \n2000 and $35,000,000 for fiscal year 2001 to be available only for \nUnited States voluntary contributions to the United Nations Population \nFund.\n\nSEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE \n UNITED NATIONS POPULATION FUND.\n\n (a) Limitation.--Notwithstanding any other provision of law, of the \nfunds appropriated for voluntary contributions to the United Nations \nPopulation Fund for each of the fiscal years 2000 and 2001, an amount \nequal to the amount allocated by the United Nations Population Fund for \nthe country program in the People's Republic of China during each \nfiscal year shall be withheld from obligation and expenditure unless \nduring such fiscal year, the President submits to the appropriate \ncongressional committees the certification described in subsection (b).\n (b) Certification.--The President shall certify that the country \nprogram of the United Nations Population Fund in the People's Republic \nof China--\n (1) focuses on improving the delivery of voluntary family \n planning information and services;\n (2) is designed in conformity with the human rights \n principles affirmed at the International Conference on \n Population and Development with the support of 180 nations \n including the United States;\n (3) is implemented only in counties of the People's \n Republic of China where all quotas and targets for the \n recruitment of program participants have been abolished and the \n use of coercive measures has been eliminated;\n (4) is carried out in consultation with and under the \n oversight and approval of the UNFPA executive board, including \n the United States representative;\n (5) is subject to regular, independent monitoring to ensure \n compliance with the principles of informed consent and \n voluntary participation; and\n (6) suspends operations in project counties found to be in \n violation of program guidelines.","summary":"United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for US voluntary contributions to the United Nations Population Fund. Withholds from the US voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services. (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States. (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated. (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the US representative. (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation. And (6) suspends operations in project counties found to be in violation of program guidelines.","title":"United Nations Population Fund (UNFPA) Funding Act of 1999","text_len":6217,"sum_len":1263} {"bill_id":"110_hr6769","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid Fraud Recovery Act of \n2008''.\n\nSEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY \n LOCAL GOVERNMENTS.\n\n (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. \n1396b) is amended by adding at the end the following new subsection:\n ``(aa) Use and Funding of Local Fraud Units.--\n ``(1) In general.--Nothing in this title shall be construed \n as preventing a county or other local government from \n establishing a local fraud investigative unit to investigate \n and prosecute provider and recipient fraud under this title \n within the jurisdiction of such local government.\n ``(2) State recognition and funding of local units.--In the \n case of the establishment by a local government of a local \n fraud investigative unit in a State under paragraph (1), the \n State shall provide in its State plan under this title the \n following:\n ``(A) Recognition of unit.--The plan shall \n recognize such a unit and permit its operations in \n accordance with this subsection and may not establish \n internal procedures that prevent such a unit from being \n recognized or functioning.\n ``(B) Data sharing required.--The Department of \n Health of the State and any administrative unit \n responsible for claims administration under this title \n in the State shall make available to such unit all data \n relating to this title in the area of such unit.\n ``(C) Pass-through payment of ffp.--The State shall \n provide for payment, on a pass-through basis, to the \n local government of the Federal financial participation \n received by the State under section 1903(a) which is \n attributable to expenses of such unit.\n ``(D) Repayment of local share in case of \n recoupment.--In the case of a State in which local \n governments are responsible for paying a portion of \n medical assistance expenses, if there is a recoupment \n of funds under the State plan and--\n ``(i) the recoupment was a result of \n activities of such a unit of local government, \n the State shall provide for payment to the \n local government of its original share of the \n expenses for which the recoupment is made; or\n ``(ii) the recoupment was not the result of \n activities of such a local government unit, the \n State shall provide for the payment described \n in clause (i) to the local government unless \n otherwise provided under an agreement between \n the State and local government involved.\n ``(E) Payment of bounty in case of local \n prosecution.--If funds under the plan are recouped and \n an investigation by such local unit led the recoupment \n of funds, the State shall, from its share of such \n recouped funds, provide for payment to the local \n government of a bounty equal to 10 percent of such \n recouped share.\n ``(3) Explanation for failures to prosecute.--If a State \n refuses to prosecute a case which has been referred to it by a \n local fraud investigative unit described in paragraph (1), the \n State must provide to the unit a statement that--\n ``(A) explains the reasons for such refusal; and\n ``(B) identifies which entity is more appropriate \n to handle the prosecution or resolution of the case and \n the reasons for selecting such entity.\n ``(4) Requirement for semi-annual reports.--As a condition \n for the provision of payments to a State (or to a locality \n under paragraph (2)(C)) under subsection (a)(6), the State or \n locality shall submit semiannual reports to the Secretary. Such \n reports shall contain such information on investigations and \n prosecutions of fraud under this title as the Secretary may \n specify.\n ``(5) Method for determination of referrals.--For purposes \n of this subsection, the State shall establish a method for \n determining whether a recoupment of funds was a result of \n activities of a unit of local government and for identifying \n cases in which a local fraud investigative unit has referred a \n case for prosecution.''.\n\nSEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES.\n\n (a) In General.--Section 1903(a)(6)(B) of the Social Security Act \n(42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon \nat the end the following: ``plus, not subject to the limitations of \nsubsection (b)(3), 66\\2\/3\\ percent of such additional sums expended in \nthe quarter for fraud investigative activities, whether conducted by \nsuch unit or by local fraud investigative units described in subsection \n(aa)(1)''.\n (b) Effective Date.--The amendment made by paragraph (1) shall \napply to expenditures occurring on or after October 1, 2008.","summary":"Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units. And (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units.","title":"To amend title XIX of the Social Security Act to strengthen State and local government efforts to investigate and prosecute fraud and abuse in the Medicaid Program.","text_len":5556,"sum_len":274} {"bill_id":"115_hr1808","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Support for Missing and \nExploited Children Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n Section 402 of the Missing Children's Assistance Act (42 U.S.C. \n5771) is amended--\n (1) by amending paragraph (1) to read as follows:\n ``(1) each year tens of thousands of children run away, or \n are abducted or removed, from the control of a parent having \n legal custody without such parent's consent, under \n circumstances which immediately place the child in grave \n danger;'';\n (2) by striking paragraphs (4) and (5);\n (3) in paragraph (6) by inserting ``, including child sex \n trafficking and sextortion'' after ``exploitation'';\n (4) in paragraph (8) by adding ``and'' at the end;\n (5) by striking paragraph (9);\n (6) by amending paragraph (10) to read as follows:\n ``(10) a key component of such programs is the National \n Center for Missing and Exploited Children that--\n ``(A) serves as a nonprofit, national resource \n center and clearinghouse to provide assistance to \n victims, families, child-serving professionals, and the \n general public;\n ``(B) works with the Department of Justice, the \n Federal Bureau of Investigation, the United States \n Marshals Service, the Department of the Treasury, the \n Department of State, the United States Immigration and \n Customs Enforcement, the United States Secret Service, \n the United States Postal Inspection Service, other \n agencies, and nongovernmental organizations in the \n effort to find missing children and to prevent child \n victimization; and\n ``(C) coordinates with each of the missing children \n clearinghouses operated by the 50 States, the District \n of Columbia, Puerto Rico, and international \n organizations to transmit images and information \n regarding missing and exploited children to law \n enforcement, nongovernmental organizations, and \n corporate partners across the United States and around \n the world instantly.''; and\n (7) by redesignating paragraphs (6), (7), (8), and (10) as \n paragraphs (4), (5), (6), and (7), respectively.\n\nSEC. 3. DEFINITIONS.\n\n Section 403 of the Missing Children's Assistance Act (42 U.S.C. \n5772) is amended--\n (1) in paragraph (1)--\n (A) by striking ``legal custodian'' each place it \n appears and inserting ``parent'';\n (B) in subparagraph (A) by striking ``custodian's'' \n and inserting ``parent's''; and\n (C) in subparagraph (C) by striking the period and \n the end and inserting a semicolon;\n (2) in paragraph (2) by striking ``and'' at the end;\n (3) in paragraph (3) by striking the period at the end and \n inserting ``; and''; and\n (4) by adding at the end the following:\n ``(4) the term `parent' includes a legal guardian or other \n individual standing in loco parentis (such as a grandparent or \n stepparent with whom the child lives, or an individual who is \n legally responsible for the child's welfare).''.\n\nSEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.\n\n Section 404 of the Missing Children's Assistance Act (42 U.S.C. \n5773) is amended--\n (1) in subsection (a)--\n (A) in paragraph (3) by striking ``telephone line'' \n and inserting ``hotline''; and\n (B) in paragraph (6)(E)--\n (i) by striking ``telephone line'' and \n inserting ``hotline'';\n (ii) by striking ``(b)(1)(A) and'' and \n inserting ``(b)(1)(A),''; and\n (iii) by inserting ``, and the number and \n types of reports to the tipline established \n under subsection (b)(1)(K)(i)'' before the \n semicolon at the end;\n (2) in subsection (b)(1)--\n (A) in subparagraph (A)--\n (i) by striking ``telephone line'' each \n place it appears and inserting ``hotline''; and\n (ii) by striking ``legal custodian'' and \n inserting ``parent'';\n (B) in subparagraph (C)--\n (i) in clause (i)--\n (I) by striking ``restaurant'' and \n inserting ``food''; and\n (II) by striking ``and'' at the \n end;\n (ii) in clause (ii) by adding ``and'' at \n the end; and\n (iii) by adding at the end the following:\n ``(iii) innovative and model programs, \n services, and legislation that benefit missing \n and exploited children;'';\n (C) by striking subparagraphs (E), (F), and (G);\n (D) by amending subparagraph (H) to read as \n follows:\n ``(H) provide technical assistance and training to \n families, law enforcement agencies, State and local \n governments, elements of the criminal justice system, \n nongovernmental agencies, local educational agencies, \n and the general public--\n ``(i) in the prevention, investigation, \n prosecution, and treatment of cases involving \n missing and exploited children;\n ``(ii) to respond to foster children \n missing from the State child welfare system in \n coordination with child welfare agencies and \n courts handling juvenile justice and dependency \n matters; and\n ``(iii) in the identification, location, \n and recovery of victims of, and children at \n risk for, child sex trafficking;'';\n (E) by amending subparagraphs (I), (J), and (K) to \n read as follows:\n ``(I) provide assistance to families, law \n enforcement agencies, State and local governments, \n nongovernmental agencies, child-serving professionals, \n and other individuals involved in the location and \n recovery of missing and abducted children, both \n nationally, and in cooperation with the Department of \n State, internationally;\n ``(J) provide support and technical assistance to \n child-serving professionals involved in helping to \n recover missing and exploited children by searching \n public records databases to help in the identification, \n location, and recovery of such children, and help in \n the location and identification of potential abductors \n and offenders;\n ``(K) provide forensic and direct on-site technical \n assistance and consultation to families, law \n enforcement agencies, child-serving professionals, and \n nongovernmental organizations in child abduction and \n exploitation cases, including facial reconstruction of \n skeletal remains and similar techniques to assist in \n the identification of unidentified deceased \n children;'';\n (F) by striking subparagraphs (L) and (M);\n (G) by amending subparagraph (N) to read as \n follows:\n ``(N) provide training, technical assistance, and \n information to nongovernmental organizations relating \n to non-compliant sex offenders and to law enforcement \n agencies in identifying and locating such \n individuals;'';\n (H) by striking subparagraph (P);\n (I) by amending subparagraph (Q) to read as \n follows:\n ``(Q) work with families, law enforcement agencies, \n electronic service providers, electronic payment \n service providers, technology companies, \n nongovernmental organizations, and others on methods to \n reduce the existence and distribution of online images \n and videos of sexually exploited children--\n ``(i) by operating a tipline to provide to \n individuals and electronic service providers an \n effective means of reporting Internet-related \n and other instances of child sexual \n exploitation in the areas of--\n ``(I) possession, manufacture, and \n distribution of child pornography;\n ``(II) online enticement of \n children for sexual acts;\n ``(III) child sex trafficking;\n ``(IV) sex tourism involving \n children;\n ``(V) extra familial child sexual \n molestation;\n ``(VI) unsolicited obscene material \n sent to a child;\n ``(VII) misleading domain names; \n and\n ``(VIII) misleading words or \n digital images on the Internet;\n and subsequently to make such reports available \n to the appropriate law enforcement agency for \n its review and potential investigation;\n ``(ii) by operating a child victim \n identification program to assist law \n enforcement agencies in identifying victims of \n child pornography and other sexual crimes to \n support the recovery of children from sexually \n exploitative situations; and\n ``(iii) by utilizing emerging technologies \n to provide additional outreach and educational \n materials to parents and families;'';\n (J) by striking subparagraph (R);\n (K) by amending subparagraphs (S) and (T) to read \n as follows:\n ``(S) develop and disseminate programs and \n information to families, child-serving professionals, \n law enforcement agencies, State and local governments, \n nongovernmental organizations, schools, local \n educational agencies, child-serving organizations, and \n the general public on--\n ``(i) the prevention of child abduction and \n sexual exploitation;\n ``(ii) Internet safety, including tips for \n social media and cyberbullying; and\n ``(iii) sexting and sextortion; and\n ``(T) provide technical assistance and training to \n local educational agencies, schools, State and local \n law enforcement agencies, individuals, and other \n nongovernmental organizations that assist with finding \n missing and abducted children in identifying and \n recovering such children.''; and\n (L) by redesignating subparagraphs (H), (I), (J), \n (K), (N), (O), (Q), (S), (T), (U), and (V) as \n subparagraphs (E) through (O), respectively.\n\nSEC. 5. GRANTS.\n\n Section 405 of the Missing Children's Assistance Act (42 U.S.C. \n5775) is amended--\n (1) in subsection (a)--\n (A) in paragraph (7) by striking ``(as defined in \n section 403(1)(A))''; and\n (B) in paragraph (8)--\n (i) by striking ``legal custodians'' and \n inserting ``parents''; and\n (ii) by striking ``custodians''' and \n inserting ``parents'''; and\n (2) in subsection (b)(1)(A) by striking ``legal \n custodians'' and inserting ``parents''.\n\nSEC. 6. REPORTING.\n\n The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is \namended--\n (1) by redesignating sections 407 and 408 as section 408 \n and 409, respectively; and\n (2) by inserting after section 406 the following:\n\n``SEC. 407. REPORTING.\n\n ``(a) Required Reporting.--As a condition of receiving funds under \nsection 404(b), the grant recipient shall, based solely on reports \nreceived by the grantee and not involving any data collection by the \ngrantee other than those reports, annually provide to the Administrator \nand make available to the general public, as appropriate--\n ``(1) the number of children nationwide who are reported to \n the grantee as missing;\n ``(2) the number of children nationwide who are reported to \n the grantee as victims of non-family abductions;\n ``(3) the number of children nationwide who are reported to \n the grantee as victims of family abductions; and\n ``(4) the number of missing children recovered nationwide \n whose recovery was reported to the grantee.\n ``(b) Incidence of Attempted Child Abductions.--As a condition of \nreceiving funds under section 404(b), the grant recipient shall--\n ``(1) track the incidence of attempted child abductions in \n order to identify links and patterns;\n ``(2) provide such information to law enforcement agencies; \n and\n ``(3) make such information available to the general \n public, as appropriate.''.\n\n Passed the House of Representatives May 23, 2017.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on May 4, 2017. Improving Support for Missing and Exploited Children Act of 2017 This bill amends the Missing Children's Assistance Act to revise the findings to, among other things, specify that the growing numbers of children who are victims of child sexual exploitation include victims of child sex trafficking and sextortion. The bill revises the definition of quot, missing childquot. To mean an individual under 18 years of age whose whereabouts are unknown to the individual's parent . It specifies that a parent includes a legal guardian or an individual who functions as a parent . It revises existing functions and duties of the National Center on Missing and Exploited Children (NCMEC) and adds new requirements for the NCMEC, including to: provide training and technical assistance to help families, law enforcement agencies, and other entities respond to missing foster children and identify, locate, and recover child sex trafficking victims. Provide forensic and direct on-site technical assistance, including facial reconstruction of skeletal remains, to help families, law enforcement agencies, and other entities identify deceased children. Provide training, technical assistance, and information to help law enforcement agencies and nongovernmental organizations identify and locate non-compliant sex offenders. And develop and disseminate programs and information on sexting and sextortion to families, law enforcement agencies, and other entities. The NCMEC must make publicly available the annual report on missing children and the incidence of attempted child abductions.","title":"Improving Support for Missing and Exploited Children Act of 2017","text_len":15057,"sum_len":1663} {"bill_id":"103_hr4220","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Nutrition Protection Act of \n1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) In recent years, there has been a substantial number of \n instances of price-fixing, bid-rigging, and other fraudulent \n activity regarding foods purchased for--\n (A) the school lunch program established under the \n National School Lunch Act (42 U.S.C. 1751 et seq.); and\n (B) the school breakfast program established under \n section 4 of the Child Nutrition Act of 1966 (42 U.S.C. \n 1773).\n (2) In 1986, President Reagan issued Executive Order 12549 \n which was intended to curb fraud, waste, and abuse in Federal \n programs, increase accountability, and ensure consistency among \n agency regulations concerning debarment and suspension of \n participants in Federal programs.\n (3) During the past several years, the Antitrust Division \n of the Department of Justice has filed over 95 criminal cases \n against companies and individuals accused of bid-rigging \n conspiracies, false statements, mail fraud, price-fixing, and \n similar activities involving dairy products sold to schools or \n to the Department of Defense.\n (4) Over 30 grand juries in several States are \n investigating similar activities.\n (5) 45 corporations and 48 individuals have been convicted \n by Federal courts of similar activities, and total fines and \n civil damages of approximately $100,000,000 have been assessed \n in Federal and State court actions for similar activities.\n (6) Although several companies have violated the \n regulations of food and nutrition programs of the Department of \n Agriculture, such companies continue to participate in such \n programs and monetarily benefit from such programs.\n (7) A report of the Comptroller General of the United \n States noted that, as of March 1992, the Secretary of \n Agriculture had neither suspended nor debarred any of the 13 \n dairy companies or 28 individuals convicted of milk contract \n bid-rigging from participating in the school lunch and school \n breakfast programs.\n (8) Effective educational and monitoring programs can \n greatly reduce the incidence of fraud, price-fixing, and bid-\n rigging by companies that sell food products to schools.\n (9) Reducing the incidence of fraud, price-fixing, and bid-\n rigging in connection with the school lunch and school \n breakfast programs could save school districts, parents, and \n taxpayers millions of dollars per year.\n (10) The Comptroller General of the United States has noted \n that bid-rigging awareness training is an effective means of \n deterring improper collusion and bid-rigging.\n (11) The Comptroller General of the United States in a \n General Accounting Office report addressed many of the concerns \n described in this section with respect to bid-rigging in the \n school lunch program.\n\nSEC. 3. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO \n NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION \n PROGRAMS.\n\n (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT \n DEBARMENT.\n\n ``(a) Definitions.--For purposes of this section, the following \ndefinitions apply:\n ``(1) Appropriate congressional committees.--The term \n `appropriate congressional committees' means the Committee on \n Education and Labor of the House of Representatives and the \n Committee on Agriculture, Nutrition, and Forestry of the \n Senate.\n ``(2) Child nutrition program.--The term `child nutrition \n program' means--\n ``(A) the school lunch program established under \n this Act;\n ``(B) the school breakfast program established \n under section 4 of the Child Nutrition Act of 1966 (42 \n U.S.C. 1773);\n ``(C) the special milk program established under \n section 3 of such Act (42 U.S.C. 1772);\n ``(D) the special nutrition program for women, \n infants, and children authorized under section 17 of \n such Act (42 U.S.C. 1786);\n ``(E) the summer food service program for children \n established under section 13 of this Act; and\n ``(F) the child and adult care food program \n established under section 17 of this Act.\n ``(3) Contractor.--The term `contractor' means a person \n that contracts with a State, an agency of a State, or a local \n agency to provide goods or services in conjunction with the \n participation of a local agency in a child nutrition program.\n ``(4) Local agency.--The term `local agency' means a \n school, school food authority, child care center, sponsoring \n organization, or other entity authorized to operate a child \n nutrition program at the local level.\n ``(5) Nonprocurement debarment.--The term `nonprocurement \n debarment' means an action to bar a person from programs and \n activities involving Federal financial and nonfinancial \n assistance, but not including Federal procurement programs and \n activities.\n ``(6) Person.--The term `person' means any individual, \n corporation, partnership, association, or other legal entity, \n however organized.\n ``(b) Assistance to Identify and Prevent Fraud and Anticompetitive \nActivities.--The Secretary shall--\n ``(1) through the food service management institute \n authorized under section 21, provide advice, training, \n technical assistance, and guidance (which may include awareness \n training, training films, and troubleshooting advice) to \n representatives of States and local agencies regarding means of \n identifying and preventing fraud and anticompetitive activities \n relating to the provision of goods or services in conjunction \n with the participation of a local agency in a child nutrition \n program; and\n ``(2) provide information to, and fully cooperate with, the \n Attorney General and State attorneys general regarding \n investigations of fraud and anticompetitive activities relating \n to the provision of goods or services in conjunction with the \n participation of a local agency in a child nutrition program.\n ``(c) Nonprocurement Debarment.--\n ``(1) In general.--Except as provided in paragraph (3), not \n later than 180 days after notification of the occurrence of a \n cause for debarment described in paragraph (2), the Secretary \n shall initiate nonprocurement debarment proceedings against the \n contractor who has committed the cause for debarment.\n ``(2) Causes for debarment.--Actions requiring initiation \n of nonprocurement debarment pursuant to paragraph (1) shall \n include the following:\n ``(A) A contractor commits an action or series of \n actions which constitute a substantial and material \n violation of a regulation of a child nutrition program \n of the Department of Agriculture, as determined by the \n Secretary.\n ``(B) A contractor is found guilty in any criminal, \n civil, or administrative proceeding, or found liable in \n any civil or administrative proceeding, in connection \n with the supplying, providing, or selling of a product \n or commodity to any local agency or to any Federal \n agency in connection with the child nutrition programs, \n of--\n ``(i) an anticompetitive activity, \n including bid-rigging, price-fixing, the \n allocation of customers between competitors, or \n other violation of Federal or State antitrust \n laws;\n ``(ii) fraud, bribery, theft, forgery or \n embezzlement;\n ``(iii) breach of contract;\n ``(iv) making a false claim or statement; \n or\n ``(v) other obstruction of justice.\n ``(3) Exception.--If the Secretary determines that a \n decision on initiating nonprocurement debarment proceedings \n cannot be made within 180 days after notification of the \n occurrence of a cause for debarment described in paragraph (2) \n because of the need to further investigate matters relating to \n the possible debarment, the Secretary may have such additional \n time as the Secretary considers necessary to make a decision, \n but not to exceed an additional 180 days.\n ``(4) Mandatory child nutrition program debarment \n periods.--\n ``(A) In general.--Subject to the other provisions \n of this paragraph and notwithstanding any other \n provision of law except subsection (d), if, after \n deciding to initiate nonprocurement debarment \n proceedings pursuant to paragraph (1), the Secretary \n decides to debar a contractor, the debarment shall be \n for a period of not less than 3 years.\n ``(B) Previous debarment.--If the contractor has \n been previously debarred pursuant to nonprocurement \n debarment proceedings initiated pursuant to paragraph \n (1), and the cause for debarment is described in \n paragraph (2) based on activities that occurred \n subsequent to the initial debarment, the debarment \n shall be for a period of not less than 5 years.\n ``(C) Scope.--At a minimum, a debarment under this \n subsection shall serve to bar the contractor for the \n specified period from contracting to provide goods or \n services in conjunction with the participation of a \n local agency in a child nutrition program.\n ``(D) Reversal, reduction, or exception.--Nothing \n in this paragraph shall restrict the ability of the \n Secretary to reverse a debarment decision, to reduce \n the period or scope of a debarment, nor to grant an \n exception permitting a debarred contractor to \n participate in a particular contract to provide goods \n or services in conjunction with the participation of a \n local agency in a child nutrition program, if the \n Secretary determines there is good cause for the \n action.\n ``(5) Information.--On request, the Secretary shall present \n to the appropriate congressional committees information \n regarding the decisions required by this subsection.\n ``(6) Relationship to other authorities.--A debarment \n imposed under this section shall not reduce or diminish the \n authority of a Federal, State, or local government agency or \n court to penalize, imprison, fine, suspend, debar, or take \n other adverse action against a person in a civil, criminal, or \n administrative proceeding.\n ``(7) Regulations.--The Secretary shall issue such \n regulations as are necessary to carry out this subsection.\n ``(d) Mandatory Debarment.--Notwithstanding any other provision of \nthis section, the Secretary shall initiate nonprocurement debarment \nproceedings against the contractor (including any cooperative) who has \ncommitted the cause for debarment (as determined under section (c)(2)), \nunless the action--\n ``(1) is likely to have a significant adverse effect on \n competition or prices in the relevant market or nationally;\n ``(2) will interfere with the ability of a local agency to \n procure a needed product for a child nutrition program;\n ``(3) is unfair to a person, subsidiary corporation, \n affiliate, parent company, or local division of a corporation \n that is not involved in the improper activity that would \n otherwise result in the debarment; or\n ``(4) is not in the public interest, as determined by the \n Secretary.\n ``(e) Exhaustion of Administrative Remedies.--Prior to seeking \njudicial review in a court of competent jurisdiction, a contractor \nagainst whom a nonprocurement debarment proceeding has been initiated \nshall--\n ``(1) exhaust all administrative procedures prescribed by \n the Secretary; and\n ``(2) receive notice of the final determination of the \n Secretary.\n ``(f) Information Relating to Prevention and Control of \nAnticompetitive Activities.--On request, the Secretary shall present to \nthe appropriate congressional committees information regarding the \nactivities of the Secretary relating to anticompetitive activities, \nfraud, nonprocurement debarment, and any waiver granted by the \nSecretary under this section.''.\n (b) Applicability.--Section 25(c) of the National School Lunch Act \n(as added by subsection (a)) shall not apply to a cause for debarment \nas described in section 25(c)(2) of such Act that is based on an \nactivity that took place prior to the date of enactment of this Act.\n\nSEC. 4. REPORT ON CONSISTENT DEBARMENT POLICY.\n\n Not later than 120 days after the date of enactment of this Act, \nthe Secretary of Agriculture, in consultation with the Director of the \nOffice of Management and Budget, the Secretary of Defense, and such \nother officials as the Secretary of Agriculture determines are \nappropriate, shall advise the appropriate committees of the Congress \nand the Comptroller General of the United States as to the \nappropriateness and usefulness of a consistent debarment policy under--\n (1) the Federal acquisition regulations issued under title \n 48, Code of Federal Regulations; and\n (2) Federal nonprocurement regulations.\n\nSEC. 5. NO REDUCTION IN AUTHORITY TO DEBAR OR SUSPEND A PERSON FROM \n FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE AND \n BENEFITS.\n\n (a) In General.--The authority of the Secretary of Agriculture that \nexists on the date of enactment of this Act to debar or suspend a \nperson from Federal financial and nonfinancial assistance and benefits \nunder Federal programs and activities, on a government-wide basis, \nshall not be diminished or reduced by this Act or the amendment made by \nsection 3 of this Act.\n (b) Debarment or Suspension.--The Secretary may continue, after the \ndate of enactment of this Act, to debar or suspend a person on a \ngovernment-wide basis, from Federal financial and nonfinancial \nassistance and benefits for any cause for debarment or suspension that \nis specified in part 3017 of chapter XXX of subtitle B of title 7, Code \nof Federal Regulations, or as otherwise permitted by law, including \nregulations.","summary":"Child Nutrition Protection Act of 1994 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide State and local agencies with training and other assistance to prevent fraud and anticompetitive activities in the school lunch, school breakfast, special milk, summer food service, WIC, and child and adult care food programs. Directs the Secretary to bar a company for at least three years from program participation upon conviction for anticompetitive or specified related activities.","title":"Child Nutrition Protection Act of 1994","text_len":15828,"sum_len":526} {"bill_id":"109_s2205","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Blunt Reservoir and Pierre Canal \nLand Conveyance Act of 2006''.\n\nSEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.\n\n (a) Definitions.--In this section:\n (1) Blunt reservoir feature.--The term ``Blunt Reservoir \n feature'' means the Blunt Reservoir feature of the Oahe Unit, James \n Division, authorized by the Act of August 3, 1968 (82 Stat. 624), \n as part of the Pick-Sloan Missouri River Basin program.\n (2) Commission.--The term ``Commission'' means the Commission \n of Schools and Public Lands of the State.\n (3) Nonpreferential lease parcel.--The term ``nonpreferential \n lease parcel'' means a parcel of land that--\n (A) was purchased by the Secretary for use in connection \n with the Blunt Reservoir feature or the Pierre Canal feature; \n and\n (B) was considered to be a nonpreferential lease parcel by \n the Secretary as of January 1, 2001, and is reflected as such \n on the roster of leases of the Bureau of Reclamation for 2001.\n (4) Pierre canal feature.--The term ``Pierre Canal feature'' \n means the Pierre Canal feature of the Oahe Unit, James Division, \n authorized by the Act of August 3, 1968 (82 Stat. 624), as part of \n the Pick-Sloan Missouri River Basin program.\n (5) Preferential leaseholder.--The term ``preferential \n leaseholder'' means a person or descendant of a person that held a \n lease on a preferential lease parcel as of January 1, 2001, and is \n reflected as such on the roster of leases of the Bureau of \n Reclamation for 2001.\n (6) Preferential lease parcel.--The term ``preferential lease \n parcel'' means a parcel of land that--\n (A) was purchased by the Secretary for use in connection \n with the Blunt Reservoir feature or the Pierre Canal feature; \n and\n (B) was considered to be a preferential lease parcel by the \n Secretary as of January 1, 2001, and is reflected as such on \n the roster of leases of the Bureau of Reclamation for 2001.\n (7) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior, acting through the Commissioner of Reclamation.\n (8) State.--The term ``State'' means the State of South Dakota, \n including a successor in interest of the State.\n (9) Unleased parcel.--The term ``unleased parcel'' means a \n parcel of land that--\n (A) was purchased by the Secretary for use in connection \n with the Blunt Reservoir feature or the Pierre Canal feature; \n and\n (B) is not under lease as of the date of enactment of this \n Act.\n (b) Deauthorization.--The Blunt Reservoir feature is deauthorized.\n (c) Acceptance of Land and Obligations.--\n (1) In general.--As a term of each conveyance under subsections \n (d)(5) and (e), respectively, the State may agree to accept--\n (A) in ``as is'' condition, the portions of the Blunt \n Reservoir feature and the Pierre Canal feature that pass into \n State ownership;\n (B) any liability accruing after the date of conveyance as \n a result of the ownership, operation, or maintenance of the \n features referred to in subparagraph (A), including liability \n associated with certain outstanding obligations associated with \n expired easements, or any other right granted in, on, over, or \n across either feature; and\n (C) the responsibility that the Commission will act as the \n agent for the Secretary in administering the purchase option \n extended to preferential leaseholders under subsection (d).\n (2) Responsibilities of the state.--An outstanding obligation \n described in paragraph (1)(B) shall inure to the benefit of, and be \n binding upon, the State.\n (3) Oil, gas, mineral and other outstanding rights.--A \n conveyance to the State under subsection (d)(5) or (e) or a sale to \n a preferential leaseholder under subsection (d) shall be made \n subject to--\n (A) oil, gas, and other mineral rights reserved of record, \n as of the date of enactment of this Act, by or in favor of a \n third party; and\n (B) any permit, license, lease, right-of-use, or right-of-\n way of record in, on, over, or across a feature referred to in \n paragraph (1)(A) that is outstanding as to a third party as of \n the date of enactment of this Act.\n (4) Additional conditions of conveyance to state.--A conveyance \n to the State under subsection (d)(5) or (e) shall be subject to the \n reservations by the United States and the conditions specified in \n section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240), \n as amended (16 U.S.C. 667b), for the transfer of property to State \n agencies for wildlife conservation purposes.\n (d) Purchase Option.--\n (1) In general.--A preferential leaseholder shall have an \n option to purchase from the Secretary or the Commission, acting as \n an agent for the Secretary, the preferential lease parcel that is \n the subject of the lease.\n (2) Terms.--\n (A) In general.--Except as provided in subparagraph (B), a \n preferential leaseholder may elect to purchase a parcel on one \n of the following terms:\n (i) Cash purchase for the amount that is equal to--\n\n (I) the value of the parcel determined under \n paragraph (4); minus\n (II) ten percent of that value.\n\n (ii) Installment purchase, with 10 percent of the value \n of the parcel determined under paragraph (4) to be paid on \n the date of purchase and the remainder to be paid over not \n more than 30 years at 3 percent annual interest.\n (B) Value under $10,000.--If the value of the parcel is \n under $10,000, the purchase shall be made on a cash basis in \n accordance with subparagraph (A)(i).\n (3) Option exercise period.--\n (A) In general.--A preferential leaseholder shall have \n until the date that is 5 years after enactment of this Act to \n exercise the option under paragraph (1).\n (B) Continuation of leases.--Until the date specified in \n subparagraph (A), a preferential leaseholder shall be entitled \n to continue to lease from the Secretary the parcel leased by \n the preferential leaseholder under the same terms and \n conditions as under the lease, as in effect as of the date of \n enactment of this Act.\n (4) Valuation.--\n (A) In general.--The value of a preferential lease parcel \n shall be its fair market value for agricultural purposes \n determined by an independent appraisal less 25 percent, \n exclusive of the value of private improvements made by the \n leaseholders while the land was federally owned before the date \n of the enactment of this Act, in conformance with the Uniform \n Appraisal Standards for Federal Land Acquisition.\n (B) Fair market value.--Any dispute over the fair market \n value of a property under subparagraph (A) shall be resolved in \n accordance with section 2201.4 of title 43, Code of Federal \n Regulations.\n (5) Conveyance to the state.--\n (A) In general.--If a preferential leaseholder fails to \n purchase a parcel within the period specified in paragraph \n (3)(A), the Secretary shall offer to convey the parcel to the \n State of South Dakota Department of Game, Fish, and Parks.\n (B) Wildlife habitat mitigation.--Land conveyed under \n subparagraph (A) shall be used by the South Dakota Department \n of Game, Fish, and Parks for the purpose of mitigating the \n wildlife habitat that was lost as a result of the development \n of the Pick-Sloan project.\n (6) Use of proceeds.--Proceeds of sales of land under this Act \n shall be deposited as miscellaneous funds in the Treasury and such \n funds shall be made available, subject to appropriations, to the \n State for the establishment of a trust fund to pay the county taxes \n on the lands received by the State Department of Game, Fish, and \n Parks under the bill.\n (e) Conveyance of Nonpreferential Lease Parcels and Unleased \nParcels.--\n (1) Conveyance by secretary to state.--\n (A) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary shall offer to convey to \n the South Dakota Department of Game, Fish, and Parks the \n nonpreferential lease parcels and unleased parcels of the Blunt \n Reservoir and Pierre Canal.\n (B) Wildlife habitat mitigation.--Land conveyed under \n subparagraph (A) shall be used by the South Dakota Department \n of Game, Fish, and Parks for the purpose of mitigating the \n wildlife habitat that was lost as a result of the development \n of the Pick-Sloan project.\n (2) Land exchanges for nonpreferential lease parcels and \n unleased parcels.--\n (A) In general.--With the concurrence of the South Dakota \n Department of Game, Fish, and Parks, the South Dakota \n Commission of Schools and Public Lands may allow a person to \n exchange land that the person owns elsewhere in the State for a \n nonpreferential lease parcel or unleased parcel at Blunt \n Reservoir or Pierre Canal, as the case may be.\n (B) Priority.--The right to exchange nonpreferential lease \n parcels or unleased parcels shall be granted in the following \n order or priority:\n (i) Exchanges with current lessees for nonpreferential \n lease parcels.\n (ii) Exchanges with adjoining and adjacent landowners \n for unleased parcels and nonpreferential lease parcels not \n exchanged by current lessees.\n (C) Easement for water conveyance structure.--As a \n condition of the exchange of land of the Pierre Canal feature \n under this paragraph, the United States reserves a perpetual \n easement to the land to allow for the right to design, \n construct, operate, maintain, repair, and replace a pipeline or \n other water conveyance structure over, under, across, or \n through the Pierre Canal feature.\n (f) Release From Liability.--\n (1) In general.--Effective on the date of conveyance of any \n parcel under this Act, the United States shall not be held liable \n by any court for damages of any kind arising out of any act, \n omission, or occurrence relating to the parcel, except for damages \n for acts of negligence committed by the United States or by an \n employee, agent, or contractor of the United States, before the \n date of conveyance.\n (2) No additional liability.--Nothing in this section adds to \n any liability that the United States may have under chapter 171 of \n title 28, United States Code (commonly known as the ``Federal Tort \n Claims Act'').\n (g) Requirements Concerning Conveyance of Lease Parcels.--\n (1) Interim requirements.--During the period beginning on the \n date of enactment of this Act and ending on the date of conveyance \n of the parcel, the Secretary shall continue to lease each \n preferential lease parcel or nonpreferential lease parcel to be \n conveyed under this section under the terms and conditions \n applicable to the parcel on the date of enactment of this Act.\n (2) Provision of parcel descriptions.--Not later than 180 days \n after the date of the enactment of this Act, the Secretary, in \n consultation with the Commission, shall provide the State a full \n legal description of all preferential lease parcels and \n nonpreferential lease parcels that may be conveyed under this \n section.\n (h) Curation of Archeological Collections.--The Secretary, in \nconsultation with the State, shall transfer, without cost to the State, \nall archeological and cultural resource items collected from the Blunt \nReservoir feature and Pierre Canal feature to the South Dakota State \nHistorical Society.\n (i) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this Act $750,000 to reimburse the Secretary \nfor expenses incurred in implementing this Act, and such sums as are \nnecessary to reimburse the Commission and the State Department of Game, \nFish, and Parks for expenses incurred implementing this Act, not to \nexceed 10 percent of the cost of each transaction conducted under this \nAct.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal an option to purchase such parcels from the Secretary of the Interior or the Commission of Schools and Public Lands of South Dakota for five years after this Act's enactment and for the fair market value for agricultural purposes less 25, exclusive of the value of improvements made while the land was federally owned. Directs the Secretary to offer to convey to the South Dakota Department of Game, Fish, and Parks all preferential lease parcels not purchased by the leaseholder, and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires priority to be granted to: (1) exchanges with current lessees for nonpreferential lease parcels. And (2) exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. Conditions the exchange of land of the Pierre Canal Feature on US reservation of a perpetual easement to the land to allow it to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to parcels conveyed under this Act, except for acts of negligence committed before the date of conveyance. Directs the Secretary: (1) to continue, until the conveyance date, to lease each parcel to be conveyed according to the terms and conditions applicable on the date of enactment of this Act. And (2) to provide South Dakota with a full legal description of all parcels that may be conveyed. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir Feature and Pierre Canal Feature to the South Dakota State Historical Society. Authorizes appropriations to reimburse the Secretary, the Commission, and the Department for expenses incurred in implementing this Act, not to exceed 10 of the cost of each transaction.","title":"A bill to direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, and for other purposes.","text_len":13076,"sum_len":2626} {"bill_id":"114_s2044","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Review Freedom Act of \n2015''.\n\nSEC. 2. CONSUMER REVIEW PROTECTION.\n\n (a) Definitions.--In this section:\n (1) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (2) Covered communication.--The term ``covered \n communication'' means a written, oral, or pictorial review, \n performance assessment of, or other similar analysis of, \n including by electronic means, the goods, services, or conduct \n of a person by an individual who is party to a form contract \n with respect to which such person is also a party.\n (3) Form contract.--\n (A) In general.--Except as provided in subparagraph \n (B), the term ``form contract'' means a contract with \n standardized terms--\n (i) used by a person in the course of \n selling or leasing the person's goods or \n services; and\n (ii) imposed on an individual without a \n meaningful opportunity for such individual to \n negotiate the standardized terms.\n (B) Exception.--The term ``form contract'' does not \n include an employer-employee or independent contractor \n contract.\n (4) Pictorial.--The term ``pictorial'' includes pictures, \n photographs, video, illustrations, and symbols.\n (b) Invalidity of Contracts That Impede Consumer Reviews.--\n (1) In general.--Except as provided in paragraphs (2) and \n (3), a provision of a form contract is void from the inception \n of such contract if such provision--\n (A) prohibits or restricts the ability of an \n individual who is a party to the form contract to \n engage in a covered communication;\n (B) imposes a penalty or fee against an individual \n who is a party to the form contract for engaging in a \n covered communication; or\n (C) transfers or requires an individual who is a \n party to the form contract to transfer to any person \n any intellectual property rights in review or feedback \n content, with the exception of a non-exclusive license \n to use the content, that the individual may have in any \n otherwise lawful covered communication about such \n person or the goods or services provided by such \n person.\n (2) Rule of construction.--Nothing in paragraph (1) shall \n be construed to affect--\n (A) any duty of confidentiality imposed by law \n (including agency guidance);\n (B) any civil cause of action for defamation, \n libel, or slander, or any similar cause of action;\n (C) any party's right to remove or refuse to \n display publicly on an Internet website or webpage \n owned, operated, or otherwise controlled by such party \n any content of a covered communication that--\n (i) contains the personal information or \n likeness of another person or is libelous, \n harassing, abusive, obscene, vulgar, sexually \n explicit, or inappropriate with respect to \n race, gender, sexuality, ethnicity, or other \n intrinsic characteristic;\n (ii) is unrelated to the goods or services \n offered by or available at such party's \n Internet website or webpage; or\n (iii) is clearly false or misleading; or\n (D) a party's right to establish terms and \n conditions with respect to the creation of photographs \n or video of such party's property when those \n photographs or video are created by an employee or \n independent contractor of a commercial entity and \n solely intended for commercial purposes by that entity.\n (3) Exceptions.--Paragraph (1) shall not apply to the \n extent that a provision of a form contract prohibits disclosure \n or submission of, or reserves the right of a person or business \n that hosts online consumer reviews or comments to remove--\n (A) trade secrets or commercial or financial \n information obtained from a person and considered \n privileged or confidential;\n (B) personnel and medical files and similar \n information the disclosure of which would constitute a \n clearly unwarranted invasion of personal privacy;\n (C) records or information compiled for law \n enforcement purposes, the disclosure of which would \n constitute a clearly unwarranted invasion of personal \n privacy;\n (D) content that is unlawful or otherwise meets the \n requirements of paragraph (2)(C); or\n (E) content that contains any computer viruses, \n worms, or other potentially damaging computer code, \n processes, programs, applications, or files.\n (c) Prohibition.--It shall be unlawful for a person to offer a form \ncontract containing a provision described as void in subsection (b).\n (d) Enforcement by Commission.--\n (1) Unfair or deceptive acts or practices.--A violation of \n subsection (c) by a person with respect to which the Commission \n is empowered under section 5(a)(2) of the Federal Trade \n Commission Act (15 U.S.C. 45(a)(2)) shall be treated as a \n violation of a rule defining an unfair or deceptive act or \n practice prescribed under section 18(a)(1)(B) of the Federal \n Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (2) Powers of commission.--\n (A) In general.--The Commission shall enforce this \n section in the same manner, by the same means, and with \n the same jurisdiction, powers, and duties as though all \n applicable terms and provisions of the Federal Trade \n Commission Act (15 U.S.C. 41 et seq.) were incorporated \n into and made a part of this Act.\n (B) Privileges and immunities.--Any person who \n violates this section shall be subject to the penalties \n and entitled to the privileges and immunities provided \n in the Federal Trade Commission Act (15 U.S.C. 41 et \n seq.).\n (e) Enforcement by States.--\n (1) Authorization.--Subject to subparagraph (B), in any \n case in which the attorney general of a State has reason to \n believe that an interest of the residents of the State has been \n or is threatened or adversely affected by the engagement of any \n person subject to subsection (c) in a practice that violates \n such subsection, the attorney general of the State may, as \n parens patriae, bring a civil action on behalf of the residents \n of the State in an appropriate district court of the United \n States to obtain appropriate relief.\n (2) Rights of federal trade commission.--\n (A) Notice to federal trade commission.--\n (i) In general.--Except as provided in \n clause (iii), the attorney general of a State \n shall notify the Commission in writing that the \n attorney general intends to bring a civil \n action under paragraph (1) before initiating \n the civil action against a person described in \n subsection (d)(1).\n (ii) Contents.--The notification required \n by clause (i) with respect to a civil action \n shall include a copy of the complaint to be \n filed to initiate the civil action.\n (iii) Exception.--If it is not feasible for \n the attorney general of a State to provide the \n notification required by clause (i) before \n initiating a civil action under paragraph (1), \n the attorney general shall notify the \n Commission immediately upon instituting the \n civil action.\n (B) Intervention by federal trade commission.--The \n Commission may--\n (i) intervene in any civil action brought \n by the attorney general of a State under \n paragraph (1) against a person described in \n subsection (d)(1); and\n (ii) upon intervening--\n (I) be heard on all matters arising \n in the civil action; and\n (II) file petitions for appeal of a \n decision in the civil action.\n (3) Investigatory powers.--Nothing in this subsection may \n be construed to prevent the attorney general of a State from \n exercising the powers conferred on the attorney general by the \n laws of the State to conduct investigations, to administer \n oaths or affirmations, or to compel the attendance of witnesses \n or the production of documentary or other evidence.\n (4) Preemptive action by federal trade commission.--If the \n Federal Trade Commission institutes a civil action or an \n administrative action with respect to a violation of subsection \n (c), the attorney general of a State may not, during the \n pendency of such action, bring a civil action under paragraph \n (1) against any defendant named in the complaint of the \n Commission for the violation with respect to which the \n Commission instituted such action.\n (5) Venue; service of process.--\n (A) Venue.--Any action brought under paragraph (1) \n may be brought in--\n (i) the district court of the United States \n that meets applicable requirements relating to \n venue under section 1391 of title 28, United \n States Code; or\n (ii) another court of competent \n jurisdiction.\n (B) Service of process.--In an action brought under \n paragraph (1), process may be served in any district in \n which the defendant--\n (i) is an inhabitant; or\n (ii) may be found.\n (6) Actions by other state officials.--\n (A) In general.--In addition to civil actions \n brought by attorneys general under paragraph (1), any \n other consumer protection officer of a State who is \n authorized by the State to do so may bring a civil \n action under paragraph (1), subject to the same \n requirements and limitations that apply under this \n subsection to civil actions brought by attorneys \n general.\n (B) Savings provision.--Nothing in this subsection \n may be construed to prohibit an authorized official of \n a State from initiating or continuing any proceeding in \n a court of the State for a violation of any civil or \n criminal law of the State.\n (f) Education and Outreach for Businesses.--Not later than 60 days \nafter the date of the enactment of this Act, the Commission shall \ncommence conducting education and outreach that provides businesses \nwith non-binding best practices for compliance with this Act.\n (g) Relation to State Causes of Action.--Nothing in this section \nshall be construed to affect any cause of action brought by a person \nthat exists or may exist under State law.\n (h) Effective Dates.--This section shall take effect on the date of \nthe enactment of this Act, except that--\n (1) subsections (b) and (c) shall apply with respect to \n contracts in effect on or after the date that is 90 days after \n the date of the enactment of this Act; and\n (2) subsections (d) and (e) shall apply with respect to \n contracts in effect on or after the date that is 1 year after \n the date of the enactment of this Act.\n\n Passed the Senate December 14, 2015.\n\n Attest:\n\n JULIE E. ADAMS,\n\n Secretary.","summary":"Consumer Review Freedom Act of 2015 This bill makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract. (2) imposes penalties or fees against individuals who engage in such communications. Or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content in any otherwise lawful communications about such person or the goods or services provided by such person. A quot, form contractquot. Is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. The definition excludes an employer-employee or independent contractor contract. The standards under which provisions of a form contract are considered void under this Act shall not be construed to affect: legal duties of confidentiality, civil actions for defamation, libel, or slander. Or a party's right to establish terms and conditions for the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and are solely intended to be used for commercial purposes by that entity. Such standards also shall not be construed to affect any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or controlled by such party content that: (1) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic. (2) is unrelated to the goods or services offered by or available at such party's website. Or (3) is clearly false or misleading. A provision shall not be considered void under this Act to the extent that it prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove, certain: (1) trade secrets or commercial or financial information, (2) personnel and medical files, (3) law enforcement records. (4) content that is unlawful or that a party has a right to remove or refuse to display. Or (5) computer viruses or other potentially damaging computer code, processes, applications, or files. A person is prohibited from offering form contracts containing a provision that is considered void under this Act. Enforcement authority is provided to the Federal Trade Commission (FTC) and states. The FTC must provide businesses with nonbinding best practices for compliance.","title":"Consumer Review Freedom Act of 2015","text_len":13373,"sum_len":2963} {"bill_id":"113_hr5435","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Home Infusion Site of Care \nAct of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Medicare fee-for-service program covers infusion \n therapy in the hospital, skilled nursing facility, physician \n office, and hospital outpatient department, but does not cover \n the full range of services for the provision of infusion \n therapies in a patient's home.\n (2) The Medicare program is presently the only major health \n care payer in the United States that does not provide \n comprehensive coverage of home infusion therapy.\n (3) As a result of the Medicare program not providing for \n comprehensive coverage of home infusion therapy, many Medicare \n beneficiaries are unable to obtain infusion therapy in the most \n cost-effective and convenient setting of their home, and \n physicians are deprived of the ability to select the best site \n of care for their patients.\n (4) The Medicare program is paying for institutional care \n for the provision of infusion therapy in many instances when \n such institutional care could be avoided if the Medicare \n program provided coverage for home infusion therapy.\n (5) The Government Accountability Office found in a 2010 \n report that home infusion therapy is utilized widely by private \n payers providing health insurance coverage for individuals \n enrolled under such coverage and that such private payers \n generally are satisfied with the quality of care and the \n savings they achieve through avoided institutionalizations.\n (6) A recent study has reported a potential savings for \n Medicare if infusion therapies were covered in the home site of \n care.\n\nSEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY.\n\n (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. \n1395x) is amended--\n (1) in subsection (s)(2)--\n (A) by striking ``and'' at the end of subparagraph \n (EE);\n (B) by inserting ``and'' at the end of subparagraph \n (FF); and\n (C) by inserting at the end the following new \n subparagraph:\n ``(GG) home infusion therapy (as defined in subsection \n (iii)(1));''; and\n (2) by adding at the end the following new subsection:\n\n ``Home Infusion Therapy\n\n ``(iii)(1) The term `home infusion therapy' means the items and \nservices described in paragraph (2) furnished to an individual, who is \nunder the care of a physician, which are provided by a qualified home \ninfusion therapy supplier under a plan (for furnishing such items and \nservices to such individual) established and periodically reviewed by a \nphysician, which items and services are provided in an integrated \nmanner in the individual's home in conformance with uniform standards \nof care established by the Secretary and in coordination with the \nprovision of covered infusion drugs under part D. The Secretary shall \nestablish such standards after taking into account the standards \ncommonly used for home infusion therapy by Medicare Advantage plans and \nin the private sector and after consultation with all interested \nstakeholders.\n ``(2) The items and services described in this paragraph are the \nfollowing:\n ``(A) Professional services, including nursing services \n (other than nursing services covered as home health services), \n provided in accordance with the plan (including administrative, \n compounding, dispensing, distribution, clinical monitoring, and \n care coordination services) and all necessary supplies and \n equipment (including medical supplies such as sterile tubing \n and infusion pumps).\n ``(B) Other items and services the Secretary determines \n appropriate to administer infusion drug therapies to an \n individual safely and effectively in the home.\n ``(3) For purposes of this subsection:\n ``(A) The term `home' means a place of residence used as an \n individual's home and includes such other alternate settings as \n the Secretary determines.\n ``(B) The term `qualified home infusion therapy supplier' \n means any pharmacy, physician, or other provider licensed by \n the State in which the pharmacy, physician, or provider resides \n or provides services, whose State authorized scope of practice \n includes dispensing authority and that--\n ``(i) has expertise in the preparation of \n parenteral medications in compliance with enforceable \n standards of the United States Pharmacopoeia and other \n nationally recognized standards that regulate \n preparation of parenteral medications as determined by \n the Secretary and meets such standards;\n ``(ii) provides infusion therapy to patients with \n acute or chronic conditions requiring parenteral \n administration of drugs and biologicals administered \n through catheters or needles, or both, in a home; and\n ``(iii) meets such other uniform requirements as \n the Secretary determines are necessary to ensure the \n safe and effective provision and administration of home \n infusion therapy on a 7-day-a-week, 24-hour basis \n (taking into account the standards of care for home \n infusion therapy established by Medicare Advantage \n plans and in the private sector), and the efficient \n administration of the home infusion therapy benefit.\n ``(4) A qualified home infusion therapy supplier may subcontract \nwith a pharmacy, physician, provider, or supplier to meet the \nrequirements of paragraph (3)(B).''.\n (b) Payment for Home Infusion Therapy.--Section 1834 of the Social \nSecurity Act (42 U.S.C. 1395m) is amended by adding at the end the \nfollowing new subsection:\n ``(p) Payment for Home Infusion Therapy.--\n ``(1) In general.--The Secretary shall determine a per diem \n schedule for payment for the professional services (including \n nursing services), supplies, and equipment described in section \n 1861(iii)(2)(A) for each infusion therapy type that reflects \n the reasonable costs which must be incurred by efficiently and \n economically operated qualified home infusion therapy suppliers \n to provide such services, supplies, and equipment in conformity \n with applicable State and Federal laws, regulations, and the \n uniform quality and safety standards developed under section \n 1861(iii)(1) and to assure that Medicare beneficiaries have \n reasonable access to such therapy.\n ``(2) Considerations.--In developing the per diem schedule \n under this subsection, the Secretary shall consider recent \n credible studies about the costs of providing infusion therapy \n in the home, consult with home infusion therapy suppliers, \n consider payment amounts established by Medicare Advantage \n plans and private payers for home infusion therapy, and, if \n necessary, conduct a statistically valid national market \n analysis involving the costs of administering infusion drugs \n and of providing professional services necessary for the drugs' \n administration.\n ``(3) Annual updates.--The Secretary shall update such \n schedule from year to year by the percentage increase in the \n Consumer Price Index for all urban consumers (United States \n city average) for the 12-month period ending with June of the \n preceding year. The Secretary may modify the per diem schedule \n with respect to beneficiaries who qualify for home infusion \n therapy services under section 1861(iii)(1) but who receive \n nursing services as home health services.''.\n (c) Conforming Amendments.--\n (1) Payment reference.--Section 1833(a)(1) of the Social \n Security Act (42 U.S.C. 13951(a)(1)) is amended--\n (A) by striking ``and'' before ``(Z)''; and\n (B) by inserting before the semicolon at the end \n the following: ``, and (AA) with respect to home \n infusion therapy, the amounts paid shall be determined \n under section 1834(p)''.\n (2) Direct payment.--The first sentence of section \n 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) \n is amended--\n (A) by striking ``and'' before ``(H)''; and\n (B) by inserting before the period at the end the \n following: ``, and (I) in the case of home infusion \n therapy, payment shall be made to the qualified home \n infusion therapy supplier''.\n (3) Exclusion from durable medical equipment and home \n health services.--Section 1861 of the Social Security Act (42 \n U.S.C. 1395x) is amended--\n (A) in subsection (m)(5)--\n (i) by striking ``and'' before ``durable \n medical equipment'' and inserting a comma; and\n (ii) by inserting before the semicolon at \n the end the following: ``, and supplies used in \n the provision of home infusion therapy after \n excluding other drugs and biologicals''; and\n (B) in subsection (n), by adding at the end the \n following: ``Such term does not include home infusion \n therapy, other than equipment and supplies used in the \n provision of insulin.''.\n (4) Application of accreditation provisions.--The \n provisions of section 1865(a) of the Social Security Act (42 \n U.S.C. 1395bb(a)) apply to the accreditation of qualified home \n infusion therapy suppliers in the same way as they apply to \n other suppliers.\n\nSEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS.\n\n Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-\n102(e)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``or'' at the end of subparagraph \n (A);\n (B) by striking the comma at the end of \n subparagraph (B) and inserting, ``; or''; and\n (C) by inserting after subparagraph (B) the \n following new subparagraph:\n ``(C) an infusion drug (as defined in paragraph \n (5)),''; and\n (2) by adding at the end the following new paragraph:\n ``(5) Infusion drug defined.--For purposes of this part, \n the term `infusion drug' means a parenteral drug or biological \n administered via an intravenous, intraspinal, intra-arterial, \n intrathecal, epidural, subcutaneous, or intramuscular access \n device or injection, and may include a drug used for catheter \n maintenance and declotting, a drug contained in a device, \n additives including but not limited to vitamins, minerals, \n solutions, and diluents, and other components used in the \n provision of home infusion therapy.''.\n\nSEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY.\n\n (a) Objectives in Implementation.--The Secretary of Health and \nHuman Services shall implement the Medicare home infusion therapy \nbenefit under the amendments made by this Act in a manner that ensures \nthat Medicare beneficiaries have timely and appropriate access to \ninfusion therapy in their homes and that there is rapid and seamless \ncoordination between drug coverage under part D of title XVIII of the \nSocial Security Act and coverage for home infusion therapy services \nunder part B of such title to avoid the filing of duplicative or \notherwise improper claims. Specifically, the Secretary shall ensure \nthat--\n (1) the benefit is practical and workable with minimal \n administrative burden for beneficiaries, qualified home \n infusion therapy suppliers, physicians, prescription drug \n plans, MA-PD plans, and Medicare Advantage plans, and the \n Secretary shall consider the use of consolidated claims \n encompassing covered part D drugs and part B services, \n supplies, and equipment under such part B to ensure the \n efficient operation of this benefit;\n (2) any prior authorization or utilization review process \n is expeditious, allowing Medicare beneficiaries meaningful \n access to home infusion therapy;\n (3) medical necessity determinations for home infusion \n therapy will be made--\n (A) except as provided in subparagraph (B), by \n Medicare administrative contractors under such part B \n and communicated to the appropriate prescription drug \n plans; or\n (B) in the case of an individual enrolled in a \n Medicare Advantage plan, by the Medicare Advantage \n organization offering the plan; and an individual may \n be initially qualified for coverage for such benefit \n for a 90-day period and subsequent 90-day periods \n thereafter;\n (4) except as otherwise provided in this section, the \n benefit is modeled on current private sector coverage and \n coding for home infusion therapy; and\n (5) prescription drug plans and MA-PD plans structure their \n formularies, utilization review protocols, and policies in a \n manner that ensures that Medicare beneficiaries have timely and \n appropriate access to infusion therapy in their homes.\n (b) Report.--Not later than January 1, 2018, the Comptroller \nGeneral of the United States shall submit a report to Congress on \nMedicare beneficiary access to home infusion therapy. Such report shall \nspecifically address whether the objectives specified in subsection (a) \nhave been met and shall make recommendations to Congress and the \nSecretary of Health and Human Services on how to improve the benefit \nand better ensure that Medicare beneficiaries have timely and \nappropriate access to infusion therapy in their homes.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to home infusion \ntherapy furnished on or after January 1, 2015.","summary":"Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D and home infusion therapy services coverage under Medicare part B (SSI) to avoid the filing of duplicative or otherwise improper claims.","title":"Medicare Home Infusion Site of Care Act of 2014","text_len":14907,"sum_len":659} {"bill_id":"109_hr2185","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congestion Relief Act of 2005''.\n\nSEC. 2. SURFACE TRANSPORTATION PROGRAM.\n\n (a) Division of Funds Between Urbanized Areas of Over 200,000 \nPopulation and Other Areas.--Section 133(d)(3)(A) of title 23, United \nStates Code, is amended--\n (1) by striking ``62.5 percent of''; and\n (2) by striking ``The remaining 37.5 percent may be \n obligated in any area of the State.''.\n (b) Obligation Authority.--Section 133(f)(1) of such title is \namended by striking ``the period of fiscal years 1998'' and all that \nfollows through ``2003'' and inserting ``the period of fiscal years \n2004 through 2006 and the period of fiscal years 2007 through 2009''.\n\nSEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.\n\n (a) Allocations.--Section 149 of title 23, United States Code, is \namended by adding at the end the following:\n ``(f) Allocations of Apportioned Funds.--\n ``(1) In general.--A State shall allocate the amounts \n apportioned to the State for a fiscal year under section \n 104(b)(2) and the amounts apportioned for the congestion \n mitigation and air quality improvement program under section \n 110 among metropolitan planning organizations and other \n agencies responsible for air quality conformity determinations \n in federally designated air quality areas in the ratio that--\n ``(A) the total of all weighted nonattainment and \n maintenance area populations (as determined under \n section 104(b)(2)) represented by the metropolitan \n planning organization or other agency; bears to\n ``(B) the total of all weighted nonattainment and \n maintenance area populations (as determined under \n section 104(b)(2)) in the State.\n ``(2) Nonapplicability to certain amounts.--Amounts \n described in subsections (c)(1) and (c)(2) that may be used for \n any project eligible under the surface transportation program \n under section 133 shall not be subject to the requirements of \n paragraph (1).\n ``(3) Availability of amounts.--A State may reallocate \n amounts allocated under this subsection as necessary to prevent \n lapses of funds under section 118.\n ``(4) Obligation authority.--A State shall make available \n to a metropolitan planning organization or other agency to \n which amounts are allocated for a fiscal year under this \n section an amount of obligation authority distributed to the \n State for Federal-aid highways and highway safety construction \n programs for use in the area represented by the metropolitan \n planning organization or other agency that is equal to the \n amount obtained by multiplying--\n ``(A) the aggregate amount of funds that the State \n is required to obligate in the area under this \n subsection; and\n ``(B) the ratio that--\n ``(i) the aggregate amount of obligation \n authority distributed to the State for Federal-\n aid highways and highway safety construction \n programs for the fiscal year; bears to\n ``(ii) the total of the sums apportioned to \n the State for Federal-aid highways and highway \n safety construction programs for the fiscal \n year.\n ``(5) Joint responsibility.--Each State, each affected \n metropolitan planning organization or other agency, and the \n Secretary shall jointly ensure compliance with paragraph \n (4).''.\n\nSEC. 4. NATIONAL HIGHWAY SYSTEM.\n\n (a) Selection of Projects.--Section 103(a)(6) of title 23, United \nStates Code, is amended by inserting ``the project selection \nrequirements of section 134(i)(4)(B) and'' after ``Subject to''.\n (b) Allocation.--Section 103(b) of such title is amended by adding \nat the end the following:\n ``(7) Allocation to urbanized areas of over 200,000 \n population.--The funds apportioned to a State under section \n 104(b)(1) for a fiscal year shall be allocated between \n urbanized areas with a population of over 200,000 in the State \n and other areas in the State--\n ``(A) 75 percent in the ratio that--\n ``(i) the total lane miles on the National \n Highway System in such urbanized areas in the \n State; bears to\n ``(ii) the total lane miles on the National \n Highway System in all areas in the State; and\n ``(B) 25 percent in the ratio that--\n ``(i) the total vehicle miles traveled on \n the National Highway System in such urbanized \n areas in the State; bears to\n ``(ii) the total vehicle miles traveled on \n the National Highway System in all areas in the \n State.''.\n\nSEC. 5. MINIMUM GUARANTEE.\n\n Section 105(c)(2) of title 23, United States Code, is amended by \nstriking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs \n(1) and (2)''.\n\nSEC. 6. METROPOLITAN CONGESTION RELIEF PROGRAM.\n\n (a) In General.--Subchapter I of chapter I of title 23, United \nStates Code, is amended by adding at the end the following:\n``Sec. 165. Metropolitan congestion relief program\n ``(a) Establishment.--The Secretary shall establish a metropolitan \ncongestion relief program in accordance with this section.\n ``(b) Eligible Projects.--A project shall be eligible for \nassistance under this section if the project is eligible for assistance \nunder the surface transportation program established by section 133 and \nthe project is developed in accordance with the planning requirements \nof subsection (c).\n ``(c) Planning.--Programming and expenditure of funds for projects \nunder this section shall be consistent with the requirements of \nsections 134 and 135. In addition, with respect to each project carried \nout under this section, the appropriate metropolitan planning \norganization shall demonstrate, as part of its congestion management \nsystem if applicable, that the project will improve congestion in its \nregion.\n ``(d) Apportionment.--\n ``(1) Eligible urbanized areas.--Amounts made available to \n carry out this section for a fiscal year shall be apportioned \n directly to a metropolitan planning organization designated \n for--\n ``(A) an urbanized area that has a travel time \n index of 1.2 or more; and\n ``(B) an urbanized area with a population of more \n than 1,000,000 that otherwise would not be eligible \n under subparagraph (A).\n ``(2) Formula.--Amounts made available to carry out this \n section for a fiscal year shall be apportioned among eligible \n urbanized areas under paragraph (1) as follows:\n ``(A) 50 percent in the ratio that--\n ``(i) the travel time index of the eligible \n urbanized area; bears to\n ``(ii) the travel time index of all \n eligible urbanized areas.\n ``(B) 50 percent in the ratio that--\n ``(i) the passenger miles traveled in the \n eligible urbanized area; bears to\n ``(ii) the passenger miles traveled in all \n eligible urbanized areas.\n ``(3) Determinations.--Eligibility and apportionment \n determinations under this subsection shall be made by the \n Secretary based on data from the most recent year for which \n data is available.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated out of the Highway Trust Fund (other than the Mass Transit \nAccount) to carry out this section $2,000,000,000 for each of fiscal \nyears 2004 through 2009.\n ``(f) Definitions.--In this section, the following definitions \napply:\n ``(1) Travel time index.--The term `travel time index' \n means the travel time index developed by the Texas \n Transportation Institute and included in the performance plan \n of the Federal Highway Administration.\n ``(2) Passenger miles traveled.--The term `passenger miles \n traveled' includes daily vehicle miles traveled and daily \n transit ridership as measured by Secretary.''.\n (b) Conforming Amendment.--The analysis for chapter 1 of title 23, \nUnited States Code, is amended by inserting after the item relating \nsection 164 the following:\n\n``165. Metropolitan congestion relief program.''.\n\nSEC. 7. TRANSPORTATION OPERATIONAL IMPROVEMENT PROGRAM.\n\n (a) In General.--Subchapter I of chapter 1 of title 23, United \nStates Code, is further amended by adding at the end the following:\n``Sec. 166. Operational improvement program\n ``(a) General Authority.--The Secretary shall establish and \nimplement an operational improvement program under which the Secretary \nshall make grants to States, metropolitan planning organizations, and \nlocal governments for projects to improve the operation of the Nation's \nroadways.\n ``(b) Eligible Uses.--Grants to States, metropolitan planning \norganizations, and local governments under this section may be used for \nthe following purposes:\n ``(1) Incident management projects, including the \n following:\n ``(A) Development of a regionwide coordinated plan \n to mitigate delays due to accidents and breakdowns.\n ``(B) Purchase or lease of telecommunications \n equipment for first responders.\n ``(C) Purchase or lease of towing and recovery \n equipment.\n ``(D) Payments to contractors for towing and \n recovery services.\n ``(E) Rental of vehicle storage areas immediately \n adjacent to roadways.\n ``(F) Service patrols.\n ``(G) Enhanced hazard materials incident response \n capacity.\n ``(H) Incident detection equipment.\n ``(I) Training.\n ``(2) Deployment of intelligent transportation systems \n technology, including the deployment of the national 511 \n traveler information telephone number.\n ``(3) Transportation demand management techniques, \n including the following:\n ``(A) Commuter benefit programs.\n ``(B) Parking management programs.\n ``(C) Carpool and vanpool projects.\n ``(D) Geographic Information System based ride \n matching operations.\n ``(E) Employer based, real-time traveler \n information programs.\n ``(F) Telework programs.\n ``(G) Bicycle and pedestrian programs.\n ``(H) Access to transit investments.\n ``(I) Design and implementation of commuter-\n friendly facilities.\n ``(J) Employer and employment-site based transit \n shuttle planning and operation.\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated out of the Highway Trust Fund (other than the Mass Transit \nAccount) to carry out this section $500,000,000 for each of fiscal \nyears 2004 through 2009.\n ``(d) Applicability of NHS Requirements.--All provisions of this \nchapter that are applicable to National Highway System funds, other \nthan provisions relating to the apportionment formula and provisions \nlimiting the expenditures of such funds to Federal-aid systems, shall \napply to funds authorized to be appropriated to carry out this section, \nexcept as determined by the Secretary to be inconsistent with this \nsection and except that sums authorized by this section shall remain \navailable until expended.''.\n (b) Conforming Amendment.--The analysis for chapter 1 of title 23, \nUnited States Code, is amended by inserting after the item relating \nsection 165 the following:\n\n``166. Incident management program.''.\n\nSEC. 8. METROPOLITAN PLANNING FUNDS.\n\n Section 104(f)(1) of title 23, United States Code, is amended by \nstriking ``1 percent'' and inserting ``2 percent''.","summary":"Congestion Relief Act of 2005 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to provide that 80 percent of specified funds apportioned to a State shall be obligated in urbanized areas of the State with populations of over 200,000 and in other areas of the State, in proportion to their relative share of the State's population. Modifies: (1) the allocation formula under the Congestion Mitigation and Air Quality Improvement Program. And (2) the Minimum Guarantee regarding programmatic distribution of funds. Directs that the funds apportioned to a State for a fiscal year for the National Highway System (NHS) be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State as follows: (1) 75 percent in the ratio that the total lane miles on the NHS in such urbanized areas in the State bears to the total lane miles on the NHS in all areas in the State. And (2) 25 percent in the ratio that the total vehicle miles traveled on the NHS in such urbanized areas in the State bears to the total vehicle miles traveled on the NHS in all areas in the State. Directs the Secretary of Transportation to: (1) establish a metropolitan congestion relief program. And (2) establish and implement an operational improvement program. Increases the percentage set aside for metropolitan planning.","title":"To amend title 23, United States Code, to allocate transportation funds to metropolitan areas and increase planning funds to relieve metropolitan congestion, and for other purposes.","text_len":12848,"sum_len":1356} {"bill_id":"115_s1722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``True Reciprocity Investment Act of \n2017''.\n\nSEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT.\n\n Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) \nis amended by adding at the end the following:\n ``(o) Consideration of Reciprocity of Foreign Investment.--\n ``(1) Report required.--Not later than 30 days after the \n date of the enactment of the True Reciprocity Investment Act of \n 2017, and annually thereafter, the United States Trade \n Representative shall, in consultation with the Secretary of \n Commerce and the Secretary of the Treasury, submit to the \n appropriate congressional committees a report assessing the \n extent to which the governments of foreign countries allow \n investments by United States persons in those countries that \n are similar to investments in the United States made by \n entities organized under the laws of those countries.\n ``(2) Elements.--The report required by paragraph (1) shall \n include, with respect to each country that is a major trading \n partner of the United States, the following:\n ``(A) A description of the laws, policies, and \n practices of the country with respect to foreign \n investment.\n ``(B) A comparison of such laws, policies, and \n practices with the laws, policies, and practices of the \n United States with respect to foreign investment.\n ``(C) An assessment of laws, policies, and \n practices by the government of the country that \n prohibit, restrict, or delay investment in the country \n by United States persons.\n ``(D) An identification of which such laws, \n policies, and practices have had the most significant \n effect on investment in that country by United States \n persons.\n ``(E) An identification of the industries in the \n United States that have been most severely affected by \n such laws, policies, and practices.\n ``(F) An assessment of the transparency of the \n process for making such laws, policies, and practices.\n ``(G) If a bilateral investment treaty is in effect \n between the United States and the country, an \n assessment of the extent to which the government of the \n country has complied with its obligations under the \n treaty.\n ``(H) Recommendations with respect to what remedies \n may be available to facilitate investment in the \n country by United States persons.\n ``(I) An assessment of the amount of greenfield \n investment in the United States by persons organized \n under the laws of or otherwise subject to the \n jurisdiction of the country.\n ``(3) Determinations.--The report required by paragraph (1) \n shall include the determination of the Trade Representative, \n after consideration of the elements described in paragraph (2), \n of whether each country that is a major trading partner of the \n United States--\n ``(A) has high barriers to investment by United \n States persons (to be known as a `high barrier \n country');\n ``(B) has recently taken measures that constitute \n barriers to investment by United States persons or has \n indicated an intention to take such measures (to be \n known as a `watch country'); or\n ``(C) has investment laws, policies, and practices \n that should be monitored (to be known as a `monitor \n country').\n ``(4) Justification for transactions with high barrier \n countries.--\n ``(A) In general.--If the Committee recommends that \n the President not suspend or prohibit under subsection \n (d) a covered transaction described in subparagraph \n (B), the Committee shall include in the report required \n by paragraph (1) an explanation of the reasons for \n recommending that the President not suspend or prohibit \n that transaction.\n ``(B) Covered transaction described.--A covered \n transaction is described in this subparagraph if a \n party to the transaction is organized under the laws of \n or otherwise subject to the jurisdiction of a high \n barrier country.\n ``(5) Definitions.--In this subsection:\n ``(A) Appropriate congressional committees.--The \n term `appropriate congressional committees' means--\n ``(i) the Committee on Banking, Housing, \n and Urban Affairs, the Committee on Finance, \n the Committee on Foreign Relations, and the \n Committee on Commerce, Science, and \n Transportation of the Senate; and\n ``(ii) the Committee on Financial Service, \n the Committee on Ways and Means, the Committee \n on Foreign Affairs, and the Committee on Energy \n and Commerce of the House of Representatives.\n ``(B) Greenfield investment.--The term `greenfield \n investment' means an investment by a foreign person in \n the United States under which the foreign person builds \n operations and facilities in the United States instead \n of purchasing or leasing existing facilities.\n ``(C) United states person.--The term `United \n States person' means--\n ``(i) a United States citizen or an alien \n lawfully admitted for permanent residence to \n the United States; or\n ``(ii) an entity organized under the laws \n of the United States or of any jurisdiction \n within the United States, including a foreign \n branch of such an entity.''.\n\nSEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY.\n\n Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. \n4565(f)) is amended--\n (1) in paragraph (4)--\n (A) in subparagraph (A), by redesignating clauses \n (i), (ii), and (iii) as subclauses (I), (II), and \n (III), respectively, and by moving such subclauses, as \n so redesignated, 2 ems to the right; and\n (B) by redesignating subparagraphs (A), (B), and \n (C) as clauses (i), (ii), and (iii), respectively, and \n by moving such clauses, as so redesignated, 2 ems to \n the right;\n (2) in paragraph (9), by redesignating subparagraphs (A), \n (B), and (C) as clauses (i), (ii), and (iii), respectively, and \n by moving such clauses, as so redesignated, 2 ems to the right;\n (3) by redesignating paragraphs (1) through (11) as \n subparagraphs (A) through (K), respectively, and by moving such \n subparagraphs, as so redesignated, 2 ems to the right;\n (4) in the matter preceding subparagraph (A), as \n redesignated by paragraph (3), by striking ``may, taking into \n account the requirements of national security, consider--'' and \n inserting the following: ``, taking into account the \n requirements of national security--\n ``(1) may consider--'';\n (5) in subparagraph (K), as redesignated by paragraph (3), \n by striking the period at the end and inserting ``; and''; and\n (6) by adding at the end the following:\n ``(2) shall consider the findings in the most recent report \n required by subsection (o) with respect to any foreign country \n with jurisdiction over a party to the proposed or pending \n transaction.''.","summary":"True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by US persons in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment. And (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by US persons. (2) has recently taken measures that constitute barriers to investment by US persons or has indicated an intention to take such measures. Or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation.","title":"True Reciprocity Investment Act of 2017","text_len":8490,"sum_len":1333} {"bill_id":"107_hr4727","text":"SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT.\n\n (a) Short Title.--This Act may be cited as the ``Dam Safety and \nSecurity Act of 2002''.\n (b) Amendment of National Dam Safety Program Act.--Except as \notherwise expressly provided, whenever in this Act an amendment or \nrepeal is expressed in terms of an amendment to, or a repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of the National Dam Safety Program \nAct (33 U.S.C. 467 et seq.).\n\nSEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY.\n\n Section 7(b) (33 U.S.C. 467e(b)) is amended--\n (1) by striking ``Federal and State programs'' and inserting \n ``Federal programs''; and\n (2) by striking ``through--'' and all that follows through the \n period at the end and inserting ``through coordination and \n information exchange among Federal agencies concerning \n implementation of the Federal Guidelines for Dam Safety.''.\n\nSEC. 3. NATIONAL DAM SAFETY PROGRAM.\n\n (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is \namended--\n (1) in subparagraph (B) by striking ``implementation plan \n described in subsection (e)'' and inserting ``strategic plan \n described in subsection (b)''; and\n (2) in subparagraph (C) by striking ``subsection (f)'' and \n inserting ``subsection (e)''.\n (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as \nfollows:\n ``(b) Duties.--The Director shall prepare a strategic plan--\n ``(1) to establish goals, priorities, and target dates to \n improve the safety of dams in the United States; and\n ``(2) to the extent feasible, to establish cooperation and \n coordination with, and assistance to, interested governmental \n entities in all States.''.\n (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended--\n (1) in paragraph (5) by striking ``and'' at the end;\n (2) in paragraph (6) by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(7) develop technical assistance materials, seminars, and \n guidelines to improve security for dams in the United States.''.\n (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C. \n467f(d)(3)(A)) is amended by striking ``and shall be'' and all that \nfollows through the period at the end and inserting ``and shall be \nexercised by chairing the Board to coordinate national efforts to \nimprove the safety of the dams in the United States.''.\n (e) Implementation Plan; Dam Safety Training.--\n (1) In general.--Section 8 (33 U.S.C. 467f) is amended by \n striking subsections (e) and (g) and redesignating subsections (f) \n and (h) as subsections (e) and (f), respectively.\n (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is \n amended--\n (A) in paragraph (1) by striking ``section 8(h)'' and \n inserting ``section 8(f)''; and\n (B) in paragraph (12) by striking ``section 8(f)'' and \n inserting ``section 8(e)''.\n (f) Assistance for State Dam Safety Programs.--Section 8(e) (as \nredesignated by subsection (e) of this section) is amended--\n (1) in paragraph (1) by striking ``the Director shall provide \n assistance'' and all that follows through the period at the end and \n inserting ``the Director shall provide assistance with amounts made \n available under section 13 to assist States in establishing, \n maintaining, and improving dam safety programs in accordance with \n the criteria specified in paragraph (2).'';\n (2) in paragraph (2)--\n (A) in the matter preceding subparagraph (A)--\n (i) by striking ``primary''; and\n (ii) by striking ``, and for a State to be eligible'' \n and all that follows before the colon;\n (B) in subparagraph (A)--\n (i) in the matter preceding clause (i) by striking \n ``For a State to be eligible for assistance under this \n subsection, a State'' and inserting ``A State''; and\n (ii) in clause (vi) by inserting ``improve security,'' \n before ``revise operating procedures,''; and\n (3) in paragraph (3) by striking ``contract'' each place it \n appears and inserting ``agreement''.\n (g) Board.--\n (1) Establishment.--Section 8(f)(1) (as redesignated by \n subsection (e) of this section) is amended--\n (A) by striking ``The Director may establish'' and \n inserting ``The Director shall establish''; and\n (B) by striking ``to monitor'' and all that follows through \n the period at the end and inserting ``to monitor the safety of \n dams in the United States, to monitor State implementation of \n this section, and to advise the Director on national dam safety \n policy.''.\n (2) Voting membership.--Section 8(f)(3) (as redesignated by \n subsection (e) of this section) is amended--\n (A) in the paragraph heading by striking ``Membership'' and \n inserting ``Voting membership'';\n (B) in the matter preceding subparagraph (A) by striking \n ``11 members'' and inserting ``11 voting members''; and\n (C) by striking subparagraphs (F) and (G) and inserting the \n following:\n ``(F) 5 members shall be selected by the Director from \n among State dam safety officials; and\n ``(G) 1 member shall be selected by the Director to \n represent the private sector.''.\n (3) Nonvoting membership; duties; work groups.--Section 8(f) \n (as redesignated by subsection (e) of this section) is amended--\n (A) by redesignating paragraphs (4), (5), and (6) as \n paragraphs (7), (8), and (9), respectively; and\n (B) by inserting after paragraph (3) the following:\n ``(4) Nonvoting membership.--The Director, in consultation with \n the Board, may invite a representative of the National Laboratories \n of the Department of Energy and may invite representatives from \n Federal or State agencies or dam safety experts, as needed, to \n participate in meetings of the Board.\n ``(5) Duties.--\n ``(A) In general.--The Board shall encourage the \n establishment and maintenance of effective programs, policies, \n and guidelines to enhance dam safety for the protection of \n human life and property throughout the United States.\n ``(B) Coordination and information exchange among \n agencies.--In carrying out subparagraph (A), the Board shall \n encourage coordination and information exchange among Federal \n and State dam safety agencies that share common problems and \n responsibilities for dam safety, including planning, design, \n construction, operation, emergency action planning, \n inspections, maintenance, regulation or licensing, technical or \n financial assistance, research, and data management.\n ``(6) Work groups.--The Director may establish work groups \n under the Board to assist the Board in accomplishing its goals. The \n work groups shall consist of members of the Board and other \n individuals selected by the Director.''.\n (4) Travel expenses.--Section 8(f) (as redesignated by \n subsection (e) of this section) is amended by striking paragraph \n (8) (as redesignated by paragraph (3)(A) of this subsection) and \n inserting the following:\n ``(8) Travel expenses.--\n ``(A) Representatives of federal agencies.--To the extent \n amounts are madeavailable in advance in appropriations Acts, \neach member of the Board who represents a Federal agency shall be \nreimbursed of appropriations for travel expenses by his or her agency, \nincluding per diem in lieu of subsistence, at rates authorized for an \nemployee of an agency under subchapter I of chapter 57 of title 5, \nUnited States Code, while away from the home or regular place of \nbusiness of the member in the performance of services for the Board.\n ``(B) Other individuals.--To the extent amounts are made \n available in advance in appropriations Acts, each member of the \n Board who represents a State agency, the member of the Board \n who represents the private sector, and each member of a work \n group created under paragraph (1) shall be reimbursed for \n travel expenses by FEMA, including per diem in lieu of \n subsistence, at rates authorized for an employee of an agency \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from home or regular place of business of the \n member in performance of services for the Board.''.\n\nSEC. 4. RESEARCH.\n\n Section 9(a) (33 U.S.C. 467g) is amended--\n (1) in the matter preceding paragraph (1)--\n (A) by striking ``in cooperation with ICODS'' and inserting \n ``in cooperation with the Board''; and\n (B) by inserting ``and support'' after ``develop'';\n (2) in paragraph (1) by striking ``and'' at the end;\n (3) in paragraph (2) by striking the period at the end and \n inserting a semicolon; and\n (4) by adding at the end the following:\n ``(3) development and maintenance of information resources \n systems needed to support managing the safety of dams; and\n ``(4) initiatives to guide the formulation of effective public \n policy and advance improvements in dam safety engineering, \n security, and management.''.\n\nSEC. 5. DAM SAFETY TRAINING.\n\n The Act (33 U.S.C. 467 et seq.) is amended--\n (1) by redesignating sections 10, 11, and 12 as sections 11, \n 12, and 13, respectively; and\n (2) by inserting after section 9 the following:\n\n``SEC. 10. DAM SAFETY TRAINING.\n\n ``At the request of any State that has or intends to develop a \nState dam safety program, the Director shall provide training for State \ndam safety staff and inspectors.''.\n\nSEC. 6. REPORTS.\n\n Section 11 (as redesignated by section 5 of this Act) is amended by \nstriking subsection (a) and all that follows through ``(b) Biennial \nReports.--''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5 \nof this Act) is amended--\n (1) by striking ``sections 7, 8, and 10'' and inserting \n ``sections 7, 8, and 11''; and\n (2) by striking ``$1,000,000 for fiscal year 1998,'' and all \n that follows through the period at the end and inserting \n ``$6,000,000 for each of fiscal years 2003 through 2006, to remain \n available until expended.''.\n (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of \nthis Act) is amended--\n (1) in subparagraph (A) by striking ``section 8(f)'' each place \n it appears and inserting ``section 8(e)''; and\n (2) in subparagraph (C) by striking ``needing primary \n assistance and States needing advanced assistance under section \n 8(f)''.\n (c) Research; Dam Safety Training; Staff.--Section 13 (as \nredesignated by section 5 of this Act) is amended by striking \nsubsections (c) through (e) and inserting the following:\n ``(c) Research.--There is authorized to be appropriated to carry \nout section 9 $1,500,000 for each of fiscal years 2003 through 2006, to \nremain until expended.\n ``(d) Dam Safety Training.--There is authorized to be appropriated \nto carry out section 10 $500,000 for each of fiscal years 2003 through \n2006.\n ``(e) Staff.--There is authorized to be appropriated to FEMA for \nthe employment of such additional staff personnel as are necessary to \ncarry out sections 8 through 10 $600,000 for each of fiscal years 2003 \nthrough 2006.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Dam Safety and Security Act of 2002 - Amends the National Dam Safety Program Act to direct the Interagency Committee on Dam Safety to encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety. Requires the Director of the Federal Emergency Management Agency to prepare a strategic plan to establish: (1) goals, priorities, and target dates to improve dam safety. And (2) cooperation and coordination with, and assistance to, interested State governmental entities. Requires the Director to: (1) provide assistance to assist States in establishing, maintaining, and improving dam safety programs. And (2) establish the National Dam Safety Review Board to monitor State implementation , to monitor the safety of dams in the United States, and to advise the Director on national dam safety policy. Provides for participation of representatives from Federal or State agencies or dam safety experts as nonvoting members in Board meetings. Requires technical and archival research to support: (1) development and maintenance of information resources systems needed to support managing dam safety. And (2) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management. Requires the Director, at the request of any State that has or intends to develop a State dam safety program, to provide training for State dam safety staff and inspectors. Increases and extends through FY 2006 the authorization of appropriations for the national dam safety program, national dam research, and dam safety training and staffing requirements.","title":"To reauthorize the national dam safety program, and for other purposes.","text_len":12054,"sum_len":1671} {"bill_id":"112_hr4223","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Strengthening and Focusing \nEnforcement to Deter Organized Stealing and Enhance Safety Act of \n2012'' or the ``SAFE DOSES Act''.\nSEC. 2. THEFT OF MEDICAL PRODUCTS.\n (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, \nUnited States Code, is amended by adding at the end the following:\n``Sec. 670. Theft of medical products\n ``(a) Prohibited Conduct.--Whoever, in, or using any means or \nfacility of, interstate or foreign commerce--\n ``(1) embezzles, steals, or by fraud or deception obtains, or \n knowingly and unlawfully takes, carries away, or conceals a pre-\n retail medical product;\n ``(2) knowingly and falsely makes, alters, forges, or \n counterfeits the labeling or documentation (including documentation \n relating to origination or shipping) of a pre-retail medical \n product;\n ``(3) knowingly possesses, transports, or traffics in a pre-\n retail medical product that was involved in a violation of \n paragraph (1) or (2);\n ``(4) with intent to defraud, buys, or otherwise obtains, a \n pre-retail medical product that has expired or been stolen;\n ``(5) with intent to defraud, sells, or distributes, a pre-\n retail medical product that is expired or stolen; or\n ``(6) attempts or conspires to violate any of paragraphs (1) \n through (5);\nshall be punished as provided in subsection (c) and subject to the \nother sanctions provided in this section.\n ``(b) Aggravated Offenses.--An offense under this section is an \naggravated offense if--\n ``(1) the defendant is employed by, or is an agent of, an \n organization in the supply chain for the pre-retail medical \n product; or\n ``(2) the violation--\n ``(A) involves the use of violence, force, or a threat of \n violence or force;\n ``(B) involves the use of a deadly weapon;\n ``(C) results in serious bodily injury or death, including \n serious bodily injury or death resulting from the use of the \n medical product involved; or\n ``(D) is subsequent to a prior conviction for an offense \n under this section.\n ``(c) Criminal Penalties.--Whoever violates subsection (a)--\n ``(1) if the offense is an aggravated offense under subsection \n (b)(2)(C), shall be fined under this title or imprisoned not more \n than 30 years, or both;\n ``(2) if the value of the medical products involved in the \n offense is $5,000 or greater, shall be fined under this title, \n imprisoned for not more than 15 years, or both, but if the offense \n is an aggravated offense other than one under subsection (b)(2)(C), \n the maximum term of imprisonment is 20 years; and\n ``(3) in any other case, shall be fined under this title, \n imprisoned for not more than 3 years, or both, but if the offense \n is an aggravated offense other than one under subsection (b)(2)(C), \n the maximum term of imprisonment is 5 years.\n ``(d) Civil Penalties.--Whoever violates subsection (a) is subject \nto a civil penalty in an amount not more than the greater of--\n ``(1) three times the economic loss attributable to the \n violation; or\n ``(2) $1,000,000.\n ``(e) Definitions.--In this section--\n ``(1) the term `pre-retail medical product' means a medical \n product that has not yet been made available for retail purchase by \n a consumer;\n ``(2) the term `medical product' means a drug, biological \n product, device, medical food, or infant formula;\n ``(3) the terms `device', `drug', `infant formula', and \n `labeling' have, respectively, the meanings given those terms in \n section 201 of the Federal Food, Drug, and Cosmetic Act;\n ``(4) the term `biological product' has the meaning given the \n term in section 351 of the Public Health Service Act;\n ``(5) the term `medical food' has the meaning given the term in \n section 5(b) of the Orphan Drug Act; and\n ``(6) the term `supply chain' includes manufacturer, \n wholesaler, repacker, own-labeled distributor, private-label \n distributor, jobber, broker, drug trader, transportation company, \n hospital, pharmacy, or security company.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 31 of title 18, United States Code, is amended by adding after \nthe item relating to section 669 the following:\n\n``670. Theft of medical products.''.\nSEC. 3. CIVIL FORFEITURE.\n Section 981(a)(1)(C) of title 18, United States Code, is amended by \ninserting ``670,'' after ``657,''.\nSEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.\n (a) Interstate or Foreign Shipments by Carrier.--Section 659 of \ntitle 18, United States Code, is amended by adding at the end of the \nfifth undesignated paragraph the following: ``If the offense involves a \npre-retail medical product (as defined in section 670), it shall be \npunished under section 670 unless the penalties provided for under this \nsection are greater.''.\n (b) Racketeering.--\n (1) Travel act violations.--Section 1952 of title 18, United \n States Code, is amended by adding at the end the following:\n ``(d) If the offense under this section involves an act described \nin paragraph (1) or (3) of subsection (a) and also involves a pre-\nretail medical product (as defined in section 670), the punishment for \nthe offense shall be the same as the punishment for an offense under \nsection 670 unless the punishment under subsection (a) is greater.''.\n (2) Money laundering.--Section 1957(b)(1) of title 18, United \n States Code, is amended by adding at the end the following: ``If \n the offense involves a pre-retail medical product (as defined in \n section 670) the punishment for the offense shall be the same as \n the punishment for an offense under section 670 unless the \n punishment under this subsection is greater.''.\n (c) Breaking or Entering Carrier Facilities.--Section 2117 of title \n18, United States Code, is amended by adding at the end of the first \nundesignated paragraph the following: ``If the offense involves a pre-\nretail medical product (as defined in section 670) the punishment for \nthe offense shall be the same as the punishment for an offense under \nsection 670 unless the punishment under this section is greater.''.\n (d) Stolen Property.--\n (1) Transportation of stolen goods and related offenses.--\n Section 2314 of title 18, United States Code, is amended by adding \n at the end of the sixth undesignated paragraph the following: ``If \n the offense involves a pre-retail medical product (as defined in \n section 670) the punishment for the offense shall be the same as \n the punishment for an offense under section 670 unless the \n punishment under this section is greater.''.\n (2) Sale or receipt of stolen goods and related offenses.--\n Section 2315 of title 18, United States Code, is amended by adding \n at the end of the fourth undesignated paragraph the following: ``If \n the offense involves a pre-retail medical product (as defined in \n section 670) the punishment for the offense shall be the same as \n the punishment for an offense under section 670 unless the \n punishment under this section is greater.''.\n (e) Priority Given to Certain Investigations and Prosecutions.--The \nAttorney General shall give increased priority to efforts to \ninvestigate and prosecute offenses under section 670 of title 18, \nUnited States Code, that involve pre-retail medical products.\nSEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.\n Section 2516(1) of title 18, United States Code, is amended--\n (1) by redesignating paragraph (s) as paragraph (t);\n (2) by striking ``or'' at the end of paragraph (r); and\n (3) by inserting after paragraph (r) the following:\n ``(s) any violation of section 670 (relating to theft of \n medical products); or''.\nSEC. 6. REQUIRED RESTITUTION.\n Section 3663A(c)(1)(A) of title 18, United States Code, is \namended--\n (1) in clause (ii), by striking ``or'' at the end;\n (2) in clause (iii), by striking ``and'' at the end and \n inserting ``or''; and\n (3) by adding at the end the following:\n ``(iv) an offense under section 670 (relating to theft of \n medical products); and''.\nSEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.\n (a) In General.--Pursuant to its authority under section 994 of \ntitle 28, United States Code, and in accordance with this section, the \nUnited States Sentencing Commission shall review and, if appropriate, \namend the Federal sentencing guidelines and policy statements \napplicable to persons convicted of offenses under section 670 of title \n18, United States Code, as added by this Act, section 2118 of title 18, \nUnited States Code, or any another section of title 18, United States \nCode, amended by this Act, to reflect the intent of Congress that \npenalties for such offenses be sufficient to deter and punish such \noffenses, and appropriately account for the actual harm to the public \nfrom these offenses.\n (b) Requirements.--In carrying out this section, the United States \nSentencing Commission shall--\n (1) consider the extent to which the Federal sentencing \n guidelines and policy statements appropriately reflect--\n (A) the serious nature of such offenses;\n (B) the incidence of such offenses; and\n (C) the need for an effective deterrent and appropriate \n punishment to prevent such offenses;\n (2) consider establishing a minimum offense level under the \n Federal sentencing guidelines and policy statements for offenses \n covered by this Act;\n (3) account for any additional aggravating or mitigating \n circumstances that might justify exceptions to the generally \n applicable sentencing ranges;\n (4) ensure reasonable consistency with other relevant \n directives, Federal sentencing guidelines and policy statements;\n (5) make any necessary conforming changes to the Federal \n sentencing guidelines and policy statements; and\n (6) ensure that the Federal sentencing guidelines and policy \n statements adequately meet the purposes of sentencing set forth in \n section 3553(a)(2) of title 18, United States Code.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer. (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product. (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation. (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen. Or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product. Or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises. (2) engaging in monetary transactions in property derived from specified unlawful activity. (3) breaking into or entering carrier facilities with intent to commit larceny. And (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the US Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.","title":"To amend title 18, United States Code, to prohibit theft of medical products, and for other purposes.","text_len":10668,"sum_len":2679} {"bill_id":"114_s3531","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Scotchman Peaks \nWilderness Act of 2016''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Scotchman Peaks Wilderness.\nSec. 4. Administration.\nSec. 5. Fire.\nSec. 6. Adjacent management.\nSec. 7. Indian tribes.\nSec. 8. Effect.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (2) Wilderness area.--The term ``wilderness area'' means \n the area designated as a component of the National Wilderness \n Preservation System by section 3(a).\n\nSEC. 3. SCOTCHMAN PEAKS WILDERNESS.\n\n (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. \n1131 et seq.), certain National Forest System land in the State of \nIdaho comprising approximately 13,961 acres, as generally depicted on \nthe map entitled ``Final Map Scotchman Peaks Wilderness'' and dated \nJune 20, 2016, is designated as wilderness and as a component of the \nNational Wilderness Preservation System and shall be known as the \n``Scotchman Peaks Wilderness''.\n (b) Map and Legal Description.--As soon as practicable after the \ndate of enactment of this Act, the Secretary shall submit to the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Natural Resources of the House of Representatives a map \nand legal description for the wilderness area.\n (c) Effect.--The map and legal description submitted under \nsubsection (b) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct minor errors in the map \nor legal description.\n (d) Availability.--The map and legal description submitted under \nsubsection (b) shall be available for public inspection in the \nappropriate offices of the Forest Service.\n\nSEC. 4. ADMINISTRATION.\n\n (a) In General.--Subject to valid existing rights, the wilderness \narea shall be administered by the Secretary in accordance with the \nWilderness Act (16 U.S.C. 1131 et seq.), except that any reference in \nthat Act to the effective date shall be considered to be a reference to \nthe date of enactment of this Act.\n (b) Withdrawal.--Subject to valid existing rights, the wilderness \narea is withdrawn from all forms of--\n (1) entry, appropriation, and disposal under the public \n land laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under the mineral leasing, mineral \n materials, and geothermal leasing laws.\n (c) Fish and Wildlife.--Nothing in this Act affects the \njurisdiction of the State of Idaho with respect to fish and wildlife on \npublic land in the State.\n (d) Management Activities.--In furtherance of the purposes and \nprinciples of the Wilderness Act (16 U.S.C. 1131 et seq.), the \nSecretary may carry out management activities to maintain or restore \nfish and wildlife populations and habitats to support fish and wildlife \npopulations within the wilderness area if the management activities--\n (1) are consistent with relevant wilderness management \n plans;\n (2) are conducted in accordance with appropriate policies, \n such as the policies established in Appendix B of the report of \n the Committee on Interior and Insular Affairs of the House of \n Representatives accompanying H.R. 2570 of the 101st Congress \n (House Report 101-405), including the occasional and temporary \n use of motorized vehicles; and\n (3) as determined by the Secretary, would--\n (A) promote healthy, viable, and more naturally \n distributed wildlife populations that would enhance \n wilderness values; and\n (B) accomplish the purpose of the management \n activity with the minimum impact necessary.\n\nSEC. 5. FIRE.\n\n In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. \n1133(d)(1)), the Secretary may take such measures within the wilderness \narea as the Secretary determines to be necessary for the control of \nfire, insects, and disease.\n\nSEC. 6. ADJACENT MANAGEMENT.\n\n (a) In General.--Nothing in this Act creates a protective perimeter \nor buffer zone around the wilderness area.\n (b) Activities Outside Wilderness Area.--The fact that an activity \nor use on land outside the wilderness area can be seen or heard within \nthe wilderness area shall not preclude the activity or use outside the \nwilderness area.\n\nSEC. 7. INDIAN TRIBES.\n\n (a) Access.--In recognition of the past use of the wilderness area \nby Indian tribes for traditional cultural and religious purposes, the \nSecretary shall ensure that Indian tribes have access to the wilderness \narea for--\n (1) traditional cultural and religious purposes; and\n (2) exercise of any right reserved by treaty.\n (b) Temporary Closures.--\n (1) In general.--In carrying out this section, the \n Secretary, on request of an Indian tribe, may temporarily close \n to the general public one or more specific portions of the \n wilderness area to protect the privacy of the members of the \n Indian tribe in the conduct of the traditional cultural and \n religious activities in the wilderness area.\n (2) Requirement.--Any closure under paragraph (1) shall be \n made in such a manner as to affect the smallest practicable \n area for the minimum period of time necessary for the activity \n to be carried out.\n (c) Applicable Law.--Access to the wilderness area under this \nsection shall be in accordance with--\n (1) Public Law 95-341 (commonly known as the ``American \n Indian Religious Freedom Act'') (42 U.S.C. 1996); and\n (2) the Wilderness Act (16 U.S.C. 1131 et seq.).\n\nSEC. 8. EFFECT.\n\n Nothing in this Act diminishes the rights of any Indian tribe.","summary":"Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values. And accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty.","title":"Scotchman Peaks Wilderness Act of 2016","text_len":6087,"sum_len":1126} {"bill_id":"111_s3939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Earmark Reform and Federal Spending \nTransparency and Accountability Act of 2011''.\n\nSEC. 2. LIMITATION ON CONTRIBUTIONS BY EARMARK BENEFICIARIES TO CERTAIN \n CANDIDATES.\n\n (a) Limitation.--\n (1) In general.--Section 315(a) of the Federal Election \n Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by \n redesignating paragraphs (4) through (8) as paragraphs (5) \n through (9), respectively, and by inserting after paragraph (3) \n the following new paragraph:\n ``(4) Limitation on Contributions by Earmark Beneficiaries.--\n ``(A) In general.--During the period which begins on \n January 1 of an odd-numbered year and ends on December 31 of \n the next even-numbered year, no earmark beneficiary shall make \n contributions aggregating more than $5,000 to any requesting \n candidate with respect to such earmark beneficiary.\n ``(B) Definitions.--For purposes of this paragraph:\n ``(i) Earmark beneficiary.--The term `earmark \n beneficiary' means any person who specifically requests \n and benefits from a congressionally directed spending \n item, a limited tax benefit, or a limited tariff \n benefit (as such terms are defined in paragraph 5 of \n rule XLIV of the Standing Rules of the Senate, \n determined by substituting `Senator or Member' for \n `Senator' in such paragraph) which was enacted into law \n during the period described in subparagraph (A) or any \n person who is hired to represent the interests of the \n person making the request.\n ``(ii) Requesting candidate; requesting \n individual.--The terms `requesting candidate' and \n `requesting individual' mean, with respect to any \n earmark beneficiary, any Senator or Member who \n requested the congressionally directed spending item, \n limited tax benefit, or limited tariff benefit (as so \n defined) which benefits the earmark beneficiary.''.\n (2) Conforming amendment.--Paragraph (1) of section 315(a) \n of such Act (2 U.S.C. 441a(a)) is amended by striking \n ``subsection (i) and section 315A'' and inserting ``paragraph \n (4), subsection (i), and section 315(A)''.\n (b) Inflation Adjustment.--\n (1) In general.--Section 315(c)(1) of such Act (2 U.S.C. \n 441a(c)(1)) is amended by inserting ``(a)(4),'' after \n ``(a)(3)'' each place it appears in subparagraphs (B)(i) and \n (C).\n (2) Base period.--Section 315(c)(2)(B) of such Act (2 \n U.S.C. 441(c)(2)(B)) is amended by striking ``and'' at the end \n of clause (i), by striking the period at the end of clause (ii) \n and inserting ``; and'', and by adding at the end the following \n new clause:\n ``(iii) for purposes of subsection (a)(4), \n calendar year 2010.''.\n (c) Effective Date.--The amendments made by this section shall \napply to contributions made on and after January 1, 2011.\n\nSEC. 3. LIMITS ON STAFF ATTENDANCE OF MEMBER FUND RAISERS.\n\n (a) In General.--Except as provided in subsection (b), an employee \nof the personal staff of a Member of Congress shall not attend a \npolitical fund raiser held on behalf of the Member of Congress for whom \nthey are employed.\n (b) Exception.--A Member of Congress may designate 1 employee who \nshall not be subject to the provisions of subsection (a).\n\nSEC. 4. EARMARK PUBLIC DATABASE.\n\n Not later than July 1, 2011, the Secretary of the Senate and the \nClerk of the House of Representatives shall post on the public website \nof their respective Houses a link to the earmark database maintained by \nthe Office of Management and Budget.\n\nSEC. 5. FEDERAL EXPENDITURE PUBLIC DATABASE.\n\n Not later than July 1, 2011, the head of each department and agency \nof the Federal Government shall post on the public website of that \ndepartment or agency a link to a searchable database that lists each \ncontract, grant, cooperative agreement, and other expenditure made by \nthe department or agency listing with respect to the expenditure the \namount, purpose, term, and office making such expenditure.\n\nSEC. 6. VOUCHING FOR EARMARK REQUESTS.\n\n Paragraph 6(a)(4) of rule XLIV of the Standing Rules of the Senate \nis amended by inserting before the semicolon the following: ``and a \ncertification that the recipient is qualified to handle the project, if \napplicable''.\n\nSEC. 7. GAO AUDITS.\n\n Not later than December 31, 2011, and each year thereafter, the \nComptroller General shall submit a report to Congress that uses the OMB \ndatabase--\n (1) to randomly select a percentage of each of the programs \n and projects funded through earmarks in the preceding fiscal \n year;\n (2) to conduct an audit on each selected program or project \n reporting on the amount, purpose, term, requesting Member, and \n the present state of completion of the program or project; and\n (3) if the earmark contributes to an already existing \n program or project, to provide a detailed accounting of how the \n earmark contributed to each program or project.","summary":"Earmark Reform and Federal Spending Transparency and Accountability Act of 2011 - Amends the Federal Election Campaign Act of 1971 to prohibit, between January 1 of an odd-numbered year and December 31 of the next even-numbered year, an earmark beneficiary from making contributions aggregating more than $5,000 to any requesting candidate with respect to such earmark beneficiary. Defines requesting candidate as any Senator or Member who requested a congressionally directed spending item, limited tax benefit, or limited tariff benefit (earmark) which benefits the earmark beneficiary. Prohibits the employees of the personal staff of a Member of Congress, except for one designee, from attending a political fund raiser held on the Member's behalf. Requires the Secretary of the Senate and the Clerk of the House of Representatives each to post on the respective public website a link to the earmark database maintained by the Office of Management and Budget (OMB). Requires the head of each federal department and agency to post on the respective public website a link to a searchable database that lists each contract, grant, cooperative agreement, and other expenditure made by the department or agency. Amends Rule XLIV of the Standing Rules of the Senate to require a Senator requesting an earmark in any legislation or an accompanying joint statement of managers to certify in the required written statement to the chairman and ranking member of the committee of jurisdiction that the earmark recipient is qualified to handle the project. Requires the Comptroller General, in an annual report to Congress, to use the OMB database to: (1) randomly select a percentage of each of the programs and projects funded through earmarks in the preceding fiscal year, (2) audit each selected one. And (3) provide a detailed accounting of how, if it does so, the earmark contributes to an already existing program or project.","title":"A bill to reform earmarking and increase transparency and accountability for all expenditures authorized by Congress and all executive agencies of the Federal Government.","text_len":5484,"sum_len":1924} {"bill_id":"105_hr864","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marian Anderson Centennial \nCommemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) Marian Anderson, one of the world's greatest singers, a \n champion for civil rights, and a leader in the advancement of \n global peace, was born on February 27, 1897, in Philadelphia, \n Pennsylvania;\n (2) Marian Anderson, a master of repertoire actress \n operatic, recital, and American traditional genres, played a \n vital role in the acceptance of African-American musicians in \n the classical music world;\n (3) in 1963, Marian Anderson was given a Presidential Medal \n of Freedom;\n (4) in 1974, Congress passed a resolution to have a special \n gold medal minted in her name;\n (5) in 1977, Marian Anderson, who was an alternate delegate \n to the United Nations, received the U.N. Peace Prize;\n (6) in 1986, Marian Anderson was awarded the National Arts \n Medal; and\n (7) 1997 will mark the centennial of the birth of Marian \n Anderson.\n\n TITLE I--COMMEMORATIVE COINS\n\nSEC. 101. COIN SPECIFICATIONS.\n\n (a) Denominations.--In commemoration of the centennial of the birth \nof Marian Anderson, the Secretary of the Treasury (hereafter in this \nAct referred to as the ``Secretary'') shall mint and issue--\n (1) not more than 350,000 $1 coins, each of which shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper; and\n (2) not more than 350,000 half dollar coins, each of which \n shall--\n (A) weigh 12.50 grams;\n (B) have a diameter of 1.205 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (b) Legal Tender.--The coins minted under this title shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this title shall be \nconsidered to be numismatic items.\n\nSEC. 102. SOURCES OF BULLION.\n\n The Secretary shall obtain silver for minting coins under this \ntitle only from stockpiles established under the Strategic and Critical \nMaterials Stock Piling Act.\n\nSEC. 103. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n title shall be emblematic of the many accomplishments of Marian \n Anderson throughout her prolific life.\n (2) Designation and inscriptions.--On each coin minted \n under this title there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the years ``1897-1997''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (3) Obverse of coin.--The obverse of each coin minted under \n this title shall bear the likeness of Marian Anderson.\n (b) Design Competition.--Before the end of the 3-month period \nbeginning on the date of enactment of this Act, the Secretary shall \nconduct an open design competition for the design of the obverse and \nthe reverse of the coins minted under this title.\n (c) Selection.--The design for the coins minted under this title \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts; and\n (2) reviewed by the Citizens Commemorative Coin Advisory \n Committee.\n\nSEC. 104. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this title shall be \nissued in uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \ntitle.\n (c) Commencement of Issuance.--The Secretary may issue coins minted \nunder this title beginning on and after the date of enactment of this \nAct.\n (d) Termination of Minting Authority.--No coins may be minted under \nthis title after July 31, 1998.\n\nSEC. 105. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this title shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in subsection (d) with respect \n to such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this title at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this title before the issuance of \n such coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n (d) Surcharges.--All sales of coins minted under this title shall \ninclude a surcharge of--\n (1) $14 per coin for the $1 coin; and\n (2) $7 per coin for the half dollar coin.\n\nSEC. 106. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods and services necessary for carrying out this \ntitle.\n (b) Equal Employment Opportunity.--Subsection (a) shall not relieve \nany person entering into a contract under the authority of this title \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 107. DISTRIBUTION OF SURCHARGES.\n\n (a) In General.--Subject to section 5134(f) of title 31, United \nStates Code, the first $2,000,000 of the surcharges received by the \nSecretary from the sale of coins issued under this title shall be \npromptly paid by the Secretary as follows:\n (1) Smithsonian institution.--50 percent to the Board of \n Regents of the Smithsonian Institution, for exhibits on \n African-American art, history, and culture.\n (2) Corporation for public broadcasting.--50 percent to the \n Public Broadcasting Fund established under section 396(k) of \n the Communications Act of 1934 (47 U.S.C. 396(k)), for \n educational programs on African-American art, history, and \n culture and on the life of Marian Anderson.\n (b) Excess Payable to the National Numismatic Collection.--After \npayment of the amounts required under subsection (a), the Secretary \nshall pay the remaining surcharges to the National Museum of American \nHistory in Washington, D.C., for the support of the National Numismatic \nCollection at the museum.\n (c) Audits.--Each organization that receives any payment from the \nSecretary under this section shall be subject to the audit requirements \nof section 5134(f)(2) of title 31, United States Code.\n\nSEC. 108. FINANCIAL ASSURANCES.\n\n (a) No Net Cost to the Government.--The Secretary shall take such \nactions as may be necessary to ensure that minting and issuing coins \nunder this title will not result in any net cost to the United States \nGovernment.\n (b) Payment for Coins.--A coin shall not be issued under this title \nunless the Secretary has received--\n (1) full payment for the coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution whose deposits are \n insured by the Federal Deposit Insurance Corporation or the \n National Credit Union Administration Board.\n\n TITLE II--CIRCULATING COINS\n\nSEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS.\n\n Section 5112(d) of title 31, United States Code, is amended by \ninserting after the 6th sentence the following: ``At the discretion of \nthe Secretary, half dollar coins minted after December 31, 1996, and \nbefore July 31, 1998, may bear the same design as the commemorative \ncoins minted under title I of the Marian Anderson Centennial \nCommemorative Coin Act, as established under section 103 of that \nAct.''.","summary":"TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson. And (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act.","title":"Marian Anderson Centennial Commemorative Coin Act","text_len":8621,"sum_len":744} {"bill_id":"106_s3261","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HMO Guaranty Act of 2000''.\n\nSEC. DEFINITIONS.\n\n In this Act:\n (1) Board.--The term ``Board'' means the Board of Directors \n appointed under section 3(d).\n (2) Contractual obligation.--The term ``contractual \n obligation'' means an obligation by a health maintenance \n organization, under an agreement, policy, certificate, or \n evidence of coverage involving a covered individual and the \n organization, to pay or reimburse the covered individual (or a \n health care provider who provided items or services to the \n individual) for services provided prior to the declaration of \n the insolvency of the health maintenance organization, that \n remains unpaid at the time of such insolvency. Such term does \n not include claims by former employees, including medical \n professional employees, for deferred compensation, severance, \n vacation, or other employment benefits.\n (3) Covered individual.--The term ``covered individual'' \n means an enrollee or member of a health maintenance \n organization.\n (4) Guaranty fund.--The term ``Guaranty Fund'' means the \n Federal HMO Guaranty Fund established under section 3.\n (5) Health care provider.--The term ``health care \n provider'' means a physician, hospital, or other person that is \n licensed or otherwise authorized by the State to provide health \n care services, and that provided health care services to an \n enrollee of a health maintenance organization.\n (6) Health maintenance organization.--The term ``health \n maintenance organization'' has the meaning given such term by \n section 2791(b)(3) of the Public Health Service Act (42 U.S.C. \n 300gg-91(b)(3)).\n (7) Health maintenance organization contract.--The term \n ``covered health maintenance organization contract'' means a \n policy, certificate, or other evidence of health care coverage \n that is issued by a health maintenance organization.\n (8) Insolvent organization.--The term ``insolvent \n organization'' means a health maintenance organization that is \n declared insolvent by court of competent jurisdiction and \n placed under the control of a State Commissioner of Insurance \n for the purpose of liquidation.\n (9) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services, in consultation with the \n Secretary of Labor and the Secretary of the Treasury.\n (10) State.--The term ``State'' includes each of the \n several States, the District of Columbia, the Commonwealth of \n Puerto Rico, the Northern Mariana Islands, or any agency or \n instrumentality thereof.\n (11) Uncovered expenditures.--The term ``uncovered \n expenditures'' means the expenditures for the provision of \n health care services that are the obligation of a health \n maintenance organization that have not been paid by such \n organization and for which no alternative payment arrangements \n have been made.\n\nSEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND.\n\n (a) In General.--There is established in the Treasury of the United \nStates a fund to be known as the HMO Guaranty Fund to be used as \nprovided for in this Act.\n (b) Amounts in Fund.--\n (1) In general.--There shall be deposited into the Guaranty \n Fund--\n (A) amounts collected under section 5(a);\n (B) penalties collected under section 5(b); and\n (C) earnings on investments of monies in the \n Guaranty Fund.\n (2) Investments.--\n (A) In general.--The Secretary of the Treasury \n shall invest amounts in the Guaranty Fund that are not \n required to meet current withdrawals. Such investments \n may be made only in interest-bearing obligations of the \n United States. For such purpose, such obligations may \n be acquired on original issue at the issue price, or by \n purchase of outstanding obligations at the market \n price.\n (B) Availability of income.--Any interest derived \n from obligations held by the Guaranty Fund and the \n proceeds from any sale or redemption of such \n obligations, are hereby appropriated to the Fund.\n (c) Use of Guaranty Fund.--Subject to section 4, amounts in the \nGuaranty Fund shall be used to make payments to a State--\n (1) to pay the outstanding health care provider claims for \n uncovered expenditures, and to fulfill contractual obligations \n to covered individuals, with respect to an insolvent health \n maintenance organization; and\n (2) to provide for a temporary continuation of health care \n coverage for covered individuals.\n (d) Board of Directors.--\n (1) In general.--The Guaranty Fund shall be administered by \n a Board of Directors to be composed of 9 individuals of which--\n (A) three directors shall be appointed by the \n National Association of Insurance Commissioners from \n among individuals who serve as insurance regulators of \n a State;\n (B) three directors shall be appointed by a \n national association which represents the health \n maintenance organization industry of all States (as \n determined by the Secretary) from among representatives \n of health maintenance organizations; and\n (C) three directors shall be--\n (i) the Secretary of the Treasury, or the \n designee of the Secretary;\n (ii) the Secretary of Health and Human \n Services, or the designee of the Secretary; and\n (iii) the Secretary of Labor, or the \n designee of the Secretary.\n (2) Terms, vacancies.--The members of the Board shall \n establish the terms of service of the members of the Board \n appointed under subparagraphs (A) and (B) of paragraph (1). Any \n vacancy in the Board shall not affect its powers, and shall be \n filled in the same manner as the original appointment.\n (3) Compensation of members.--\n (A) In general.--Except as provided in subparagraph \n (B), each member of the Board who is not an officer or \n employee of the Federal Government shall serve without \n compensation. All members of the Board who are officers \n or employees of the United States shall serve without \n compensation in addition to that received for their \n services as officers or employees of the United States.\n (B) Travel expenses.--The members of the Board \n shall be allowed travel expenses, including per diem in \n lieu of subsistence, at rates authorized for employees \n of agencies under subchapter I of chapter 57 of title \n 5, United States Code, while away from their homes or \n regular places of business in the performance of \n services for the Board. Such expenses shall be paid \n from the Guaranty Fund.\n (4) Voting.--Each member of the Board shall have 1 vote. \n The Board shall set policy and decide all matters by a simple \n majority of the votes cast.\n (5) Chairperson.--The Board shall elect a chairperson from \n among its members.\n (6) Meetings.--The Board shall first meet not later than 30 \n days after the date on which all members are appointed under \n paragraph (1). Subsequent meetings shall be at the call of the \n chairperson. The Board may hold public hearings after giving \n proper notice.\n (7) Fiduciary duty.--With respect to the members of the \n Board that are not appointed under paragraph (1)(A), in \n carrying out the duties of the Board such members shall have a \n fiduciary duty to the Guaranty Fund that shall supersede any \n duty to an employer or other special interest that the member \n may otherwise represent.\n (8) Limitations on liability.--A member of the Board shall \n not be liable, or in any way responsible, for the obligations \n of the Guaranty Fund.\n (e) Duties.--The Board shall--\n (1) administer the Guaranty Fund;\n (2) adopt bylaws that permit the Board to enter into \n contracts to receive contributions and make distributions in \n accordance with this Act;\n (3) establish the application criteria and materials \n necessary to enable a State to submit an application to the \n Guaranty Fund;\n (4) review and make determination on applications received \n under section 4(b); and\n (5) carry out other activities in accordance with this Act.\n\nSEC. 4. EXPENDITURES FROM THE GUARANTY FUND.\n\n (a) In General.--The Guaranty Fund shall be used to make payments \nto a State to enable such State to pay the claims of health care \nproviders for health care services provided to covered individuals \nprior to the declaration of insolvency of a health maintenance \norganization and to provide for a temporary continuation of health care \ncoverage for such individuals.\n (b) Procedure.--\n (1) In general.--Upon the declaration by a court of \n competent jurisdiction that a health maintenance organization \n is insolvent, the official responsible for regulating health \n insurance in the State in which the declaration is made may \n submit an application to the Guaranty Fund for payment under \n this Act.\n (2) Contents of application.--An application submitted by a \n State under paragraph (1) shall include the following:\n (A) Liquidation of assets and return of unused \n funds.--The application shall contain an accounting of \n amounts received (or expected to be received) as a \n result of the liquidation of the assets of the \n insolvent organization.\n (B) Fund amount.--The application shall contain a \n request for a specific amount of funds that will be \n used for the uncovered expenditures and contractual \n obligations of an insolvent organization.\n (C) Uncovered expenditures.--The application shall \n contain an estimate of the aggregate number of \n uncovered individuals and aggregate amount of uncovered \n expenditures with respect to the insolvent organization \n involved.\n (D) Continuation coverage.--The application shall \n contain an estimate of the aggregate amount of funds \n needed to provide continuation coverage to uncovered \n individuals.\n (c) Consideration by Board.--Not later than 30 days after the date \non which the Guaranty Fund receives a completed application from a \nState under subsection (b), the Board shall make a determination with \nrespect to payments to the States.\n (d) Limitation.--The aggregate amount that may be paid to a State \nunder this section with respect to a single uncovered individual shall \nnot exceed $300,000.\n (e) Use for Continuation Coverage.--\n (1) In general.--A State may use amounts provided under \n this section to provide for the continuation of health care \n coverage for an uncovered individual through a health \n maintenance organization or other health care coverage that has \n been determined appropriate by the official responsible for \n regulating health insurance in the State in collaboration with \n the Board.\n (2) Limitation.--The period of continuation coverage with \n respect to an uncovered individual under paragraph (1) shall \n terminate on the earlier of--\n (A) the date that is 1 year after the date on which \n the health maintenance organization was declared \n insolvent; or\n (B) or the date on which the contractual obligation \n of the health maintenance organization to the \n individual was to terminate.\n (f) Repayment of Funds.--The State shall repay to the Guaranty Fund \nan amount equal to--\n (1) any amounts not utilized by the State on the date on \n which the liquidation of the insolvent organization is \n completed; and\n (2) any amounts recovered through liquidation that have not \n been accounted for in the application of the State under \n subsection (b)(2)(A).\n\nSEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND.\n\n (a) Assessment on Health Maintenance Organizations.--\n (1) In general.--Not later than January 1, 2001, and every \n 6 months thereafter, each health maintenance organization that \n is licensed by a State to provide health care coverage shall \n pay to the Guaranty Fund an amount to be determined in \n accordance with an assessment schedule to be established by the \n Secretary not later than 180 days after the date of enactment \n of this Act.\n (2) Deferment.--The Board, after consultation with the \n official responsible for regulating health insurance in the \n State involved may exempt, abate, or defer, in whole or in \n part, the assessment of a health maintenance organization under \n paragraph (1) if the organization demonstrates that the payment \n of the assessment would endanger the ability of the \n organization to fulfill its contractual obligations or place \n the organization in an unsound financial condition.\n (3) Prohibition.--A health maintenance organization shall \n not adjust the amount of premiums paid by enrollees to account \n for the assessment paid under paragraph (1).\n (b) Failure to Pay.--A health maintenance organization that fails \nto pay an assessment under subsection (a)(1) within 30 days after the \ndate on which such assessment was to be paid shall be subject to a \ncivil penalty in an amount not to exceed $1,000 per day.\n\nSEC. 6. STATE PREEMPTION.\n\n (a) In General.--Nothing in this Act shall be construed to preempt \nor supersede any provision of State law that establishes, implements, \nor continues in effect any standard or requirement relating to health \nmaintenance organizations.\n (b) Definition.--In this section, the term ``State law'' means all \nlaws, decisions, rules, regulations or other State actions that have \nthe effect of law.","summary":"Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.","title":"HMO Guaranty Act of 2000","text_len":15331,"sum_len":473} {"bill_id":"106_s212","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Puerto Rico \nEconomic Activity Credit Improvement Act of 1999''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT.\n\n (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2) \n(defining qualified domestic corporation) is amended to read as \nfollows:\n ``(2) Qualified domestic corporation.--For purposes of \n paragraph (1)--\n ``(A) In general.--A domestic corporation shall be \n treated as a qualified domestic corporation for a \n taxable year if it is actively conducting within Puerto \n Rico during the taxable year--\n ``(i) a line of business with respect to \n which the domestic corporation is an existing \n credit claimant under section 936(j)(9), or\n ``(ii) an eligible line of business not \n described in clause (i).\n ``(B) Limitation to lines of business.--A domestic \n corporation shall be treated as a qualified domestic \n corporation under subparagraph (A) only with respect to \n the lines of business described in subparagraph (A) \n which it is actively conducting in Puerto Rico during \n the taxable year.\n ``(C) Exception for corporations electing reduced \n credit.--A domestic corporation shall not be treated as \n a qualified domestic corporation if such corporation \n (or any predecessor) had an election in effect under \n section 936(a)(4)(B)(iii) for any taxable year \n beginning after December 31, 1996.''\n (b) Application on Separate Line of Business Basis; Eligible Line \nof Business.--Section 30A is amended by redesignating subsection (g) as \nsubsection (h) and by inserting after subsection (f) the following new \nsubsection:\n ``(g) Application on Line of Business Basis; Eligible Lines of \nBusiness.--For purposes of this section--\n ``(1) Application to separate line of business.--\n ``(A) In general.--In determining the amount of the \n credit under subsection (a), this section shall be \n applied separately with respect to each substantial \n line of business of the qualified domestic corporation.\n ``(B) Exceptions for existing credit claimant.--\n This paragraph shall not apply to a substantial line of \n business with respect to which the qualified domestic \n corporation is an existing credit claimant under \n section 936(j)(9).\n ``(C) Allocation.--The Secretary shall prescribe \n rules necessary to carry out the purposes of this \n paragraph, including rules--\n ``(i) for the allocation of items of \n income, gain, deduction, and loss for purposes \n of determining taxable income under subsection \n (a), and\n ``(ii) for the allocation of wages, fringe \n benefit expenses, and depreciation allowances \n for purposes of applying the limitations under \n subsection (d).\n ``(2) Eligible line of business.--The term `eligible line \n of business' means a substantial line of business in any of the \n following trades or businesses:\n ``(A) Manufacturing.\n ``(B) Agriculture.\n ``(C) Forestry.\n ``(D) Fishing.\n ``(3) Substantial line of business.--For purposes of this \n subsection, the determination of whether a line of business is \n a substantial line of business shall be determined by reference \n to 2-digit codes under the North American Industry \n Classification System (62 Fed. Reg. 17288 et seq., formerly \n known as `SIC codes').''\n (c) Repeal of Base Period Cap.--\n (1) In general.--Section 30A(a)(1) (relating to allowance \n of credit) is amended by striking the last sentence.\n (2) Conforming amendment.--Section 30A(e)(1) is amended by \n inserting ``but not including subsection (j)(3)(A)(ii) \n thereof'' after ``thereunder''.\n (d) Application of Credit.--Section 30A(h) (relating to \napplicability of section), as redesignated by subsection (b), is \namended by striking ``January 1, 2006'' and inserting ``January 1, \n2009''.\n (e) Conforming Amendments.--\n (1) Section 30A(b) is amended by striking ``within a \n possession'' each place it appears and inserting ``within \n Puerto Rico''.\n (2) Section 30A(d) is amended by striking ``possession'' \n each place it appears.\n (3) Section 30A(f) is amended to read as follows:\n ``(f) Definitions.--For purposes of this section--\n ``(1) Qualified income taxes.--The qualified income taxes \n for any taxable year allocable to nonsheltered income shall be \n determined in the same manner as under section 936(i)(3).\n ``(2) Qualified wages.--The qualified wages for any taxable \n year shall be determined in the same manner as under section \n 936(i)(1).\n ``(3) Other terms.--Any term used in this section which is \n also used in section 936 shall have the same meaning given such \n term by section 936.''\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1998.\n\nSEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT.\n\n (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A) \n(relating to economic activity credit) is amended to read as follows:\n ``(A) Economic activity credit.--\n ``(i) In general.--In the case of a \n domestic corporation which, during the taxable \n year, is actively conducting within a \n possession other than Puerto Rico--\n ``(I) a line of business with \n respect to which the domestic \n corporation is an existing credit \n claimant under paragraph (9), or\n ``(II) an eligible line of business \n not described in subclause (I),\n the credit determined under subsection \n (a)(1)(A) shall be allowed for taxable years \n beginning after December 31, 1995, and before \n January 1, 2002.\n ``(ii) Limitation to lines of business.--\n Clause (i) shall only apply with respect to the \n lines of business described in clause (i) which \n the domestic corporation is actively conducting \n in a possession other than Puerto Rico during \n the taxable year.\n ``(iii) Exception for corporations electing \n reduced credit.--Clause (i) shall not apply to \n a domestic corporation if such corporation (or \n any predecessor) had an election in effect \n under subsection (a)(4)(B)(iii) for any taxable \n year beginning after December 31, 1996.''\n (b) Application on Separate Line of Business Basis; Eligible Line \nof Business.--\n (1) In general.--Section 936(j) is amended by adding at the \n end the following new paragraph:\n ``(11) Application on line of business basis; eligible \n lines of business.--For purposes of this section--\n ``(A) Application to separate line of business.--\n ``(i) In general.--In determining the \n amount of the credit under subsection (a)(1)(A) \n for a corporation to which paragraph (2)(A) \n applies, this section shall be applied \n separately with respect to each substantial \n line of business of the corporation.\n ``(ii) Exceptions for existing credit \n claimant.--This paragraph shall not apply to a \n line of business with respect to which the \n qualified domestic corporation is an existing \n credit claimant under paragraph (9).\n ``(iii) Allocation.--The Secretary shall \n prescribe rules necessary to carry out the \n purposes of this subparagraph, including \n rules--\n ``(I) for the allocation of items \n of income, gain, deduction, and loss \n for purposes of determining taxable \n income under subsection (a)(1)(A), and\n ``(II) for the allocation of wages, \n fringe benefit expenses, and \n depreciation allowances for purposes of \n applying the limitations under \n subsection (a)(4)(A).\n ``(B) Eligible line of business.--For purposes of \n this subsection, the term `eligible line of business' \n means a substantial line of business in any of the \n following trades or businesses:\n ``(i) Manufacturing.\n ``(ii) Agriculture.\n ``(iii) Forestry.\n ``(iv) Fishing.''\n (2) New lines of business.--Section 936(j)(9)(B) is amended \n to read as follows:\n ``(B) New lines of business.--A corporation shall \n not be treated as an existing credit claimant with \n respect to any substantial new line of business which \n is added after October 13, 1995, unless such addition \n is pursuant to an acquisition described in subparagraph \n(A)(ii).''\n (3) Separate lines of business.--Section 936(j), as amended \n by paragraph (1), is amended by adding at the end the following \n new paragraph:\n ``(12) Substantial line of business.--For purposes of this \n subsection (other than paragraph (9)(B) thereof), the \n determination of whether a line of business is a substantial \n line of business shall be determined by reference to 2-digit \n codes under the North American Industry Classification System \n (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').''\n (c) Repeal of Base Period Cap for Economic Activity Credit.--\n (1) In general.--Section 936(j)(3) is amended to read as \n follows:\n ``(3) Additional restricted reduced credit.--\n ``(A) In general.--In the case of an existing \n credit claimant to which paragraph (2)(B) applies, the \n credit determined under subsection (a)(1)(A) shall be \n allowed for any taxable year beginning after December \n 31, 1998, and before January 1, 2006, except that the \n aggregate amount of taxable income taken into account \n under subsection (a)(1)(A) for such taxable year shall \n not exceed the adjusted base period income of such \n claimant.\n ``(B) Coordination with subsection (a)(4)(B).--The \n amount of income described in subsection (a)(1)(A) \n which is taken into account in applying subsection \n (a)(4)(B) shall be such income as reduced under this \n paragraph.''\n (2) Conforming amendments.--\n (A) Section 936(j)(2)(A), as amended by subsection \n (a), is amended by striking ``2002'' and inserting \n ``2006''.\n (B) Section 30A(e)(1), as amended by section \n 2(c)(2), is amended by striking ``subsection \n (j)(3)(A)(ii)'' and inserting ``the exception under \n subsection (j)(3)(A)''.\n (d) Application of Credit.--\n (1) In general.--Section 936(j)(2)(A), as amended by this \n section, is amended by striking ``January 1, 2006'' and \n inserting ``January 1, 2009''.\n (2) Special rules for applicable possessions.--Section \n 936(j)(8)(A) is amended to read as follows:\n ``(A) In general.--In the case of an applicable \n possession--\n ``(i) this section (other than the \n preceding paragraphs of this subsection) shall \n not apply for taxable years beginning after \n December 31, 1995, and before January 1, 2006, \n with respect to any substantial line of \n business actively conducted in such possession \n by a domestic corporation which is an existing \n credit claimant with respect to such line of \n business, and\n ``(ii) this section (including this \n subsection) shall apply--\n ``(I) with respect to any \n substantial line of business not \n described in clause (i) for taxable \n years beginning after December 31, \n 1998, and before January 1, 2009, and\n ``(II) with respect to any \n substantial line of business described \n in clause (i) for taxable years \n beginning after December 31, 2006, and \n before January 1, 2009.''\n (e) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years beginning after December 31, 1998.\n (2) New lines of business.--The amendment made by \n subsection (b)(2) shall apply to taxable years beginning after \n December 31, 1995.","summary":"Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.","title":"Puerto Rico Economic Activity Credit Improvement Act of 1999","text_len":15332,"sum_len":994} {"bill_id":"111_s2909","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Worker Ownership, Readiness and \nKnowledge Act'' or the ``WORK Act''.\n\nSEC. 2. DEFINITIONS.\n\n (a) In this Act:\n (1) Director.--The term ``Director'' means the Director of \n Employee Ownership and Participation.\n (2) Existing program.--The term ``existing program'' means \n a program, designed to promote employee ownership and employee \n participation in business decisionmaking, that exists on the \n date the Director is carrying out a responsibility authorized \n by this Act.\n (3) New program.--The term ``new program'' means a program, \n designed to promote employee ownership and employee \n participation in business decisionmaking, that does not exist \n on the date the Director is carrying out a responsibility \n authorized by this Act.\n (4) Office.--The term ``Office'' means the Office of \n Employee Ownership and Participation established under section \n 3.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (6) State.--The term ``State'' means any of the 50 States \n within the United States of America.\n\nSEC. 3. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION.\n\n (a) Establishment.--The Secretary shall establish within the \nDepartment of Labor an Office of Employee Ownership and Participation \nto promote employee ownership and employee participation in business \ndecisionmaking.\n (b) Director.--The Secretary shall appoint a Director of Employee \nOwnership and Participation to head the Office.\n (c) Functions.--The functions of the Director are to--\n (1) support within the States existing programs designed to \n promote employee ownership and employee participation in \n business decisionmaking; and\n (2) facilitate within the States the formation of new \n programs designed to promote employee ownership and employee \n participation in business decisionmaking.\n (d) Duties.--To carry out the functions enumerated in subsection \n(c), the Director shall--\n (1) support new programs and existing programs by--\n (A) making Federal grants authorized under section \n 5; and\n (B)(i) acting as a clearinghouse on techniques \n employed by new programs and existing programs within \n the States, and disseminating information relating to \n those techniques to the programs; or\n (ii) funding projects for information gathering on \n those techniques, and dissemination of that information \n to the programs, by groups outside the Office; and\n (2) facilitate the formation of new programs, in ways that \n include holding or funding an annual conference of \n representatives from States with existing programs, \n representatives from States developing new programs, and \n representatives from States without existing programs.\n\nSEC. 4. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION.\n\n (a) Establishment of Program.--Not later than 180 days after the \ndate of enactment of this Act, the Secretary shall establish a program, \nadministered by the Director, to encourage new and existing programs \nwithin the States, designed to foster employee ownership and employee \nparticipation in business decisionmaking throughout the United States.\n (b) Purpose of Program.--The purpose of the program established \nunder subsection (a) is to encourage new and existing programs within \nthe States that focus on--\n (1) providing education and outreach to inform employees \n and employers about the possibilities and benefits of employee \n ownership, business ownership succession planning, and employee \n participation in business decisionmaking, including providing \n information about financial education, employee teams, open-\n book management, and other tools that enable employees to share \n ideas and information about how their businesses can succeed;\n (2) providing technical assistance to assist employee \n efforts to become business owners, to enable employers and \n employees to explore and assess the feasibility of transferring \n full or partial ownership to employees, and to encourage \n employees and employers to start new employee-owned businesses;\n (3) training employees and employers with respect to \n methods of employee participation in open-book management, work \n teams, committees, and other approaches for seeking greater \n employee input; and\n (4) training other entities to apply for funding under this \n section, to establish new programs, and to carry out program \n activities.\n (c) Program Details.--The Secretary may include, in the program \nestablished under subsection (a), provisions that--\n (1) in the case of activities under subsection (b)(1)--\n (A) target key groups such as retiring business \n owners, senior managers, unions, trade associations, \n community organizations, and economic development \n organizations;\n (B) encourage cooperation in the organization of \n workshops and conferences; and\n (C) prepare and distribute materials concerning \n employee ownership and participation, and business \n ownership succession planning;\n (2) in the case of activities under subsection (b)(2)--\n (A) provide preliminary technical assistance to \n employee groups, managers, and retiring owners \n exploring the possibility of employee ownership;\n (B) provide for the performance of preliminary \n feasibility assessments;\n (C) assist in the funding of objective third-party \n feasibility studies and preliminary business \n valuations, and in selecting and monitoring \n professionals qualified to conduct such studies; and\n (D) provide a data bank to help employees find \n legal, financial, and technical advice in connection \n with business ownership;\n (3) in the case of activities under subsection (b)(3)--\n (A) provide for courses on employee participation; \n and\n (B) provide for the development and fostering of \n networks of employee-owned companies to spread the use \n of successful participation techniques; and\n (4) in the case of training under subsection (b)(4)--\n (A) provide for visits to existing programs by \n staff from new programs receiving funding under this \n Act; and\n (B) provide materials to be used for such training.\n (d) Regulations.--The Secretary shall promulgate regulations \npursuant to this Act that require new and existing programs established \nor funded under this Act to be--\n (1) proactive in encouraging actions and activities that \n promote employee ownership of, and participation in, \n businesses; and\n (2) comprehensive in emphasizing both employee ownership \n of, and participation in, businesses so as to increase \n productivity and broaden capital ownership.\n\nSEC. 5. GRANTS.\n\n (a) In General.--In carrying out the program established under \nsection 4, the Director may make grants for use in connection with new \nprograms and existing programs within a State for any of the following \nactivities:\n (1) Education and outreach as provided in section 4(b)(1).\n (2) Technical assistance as provided in section 4(b)(2).\n (3) Training activities for employees and employers as \n provided in section 4(b)(3).\n (4) Activities facilitating cooperation among employee-\n owned firms.\n (5) Training as provided in section 4(b)(4) for new \n programs provided by participants in existing programs \n dedicated to the objectives of this Act, except that, for each \n fiscal year, the amount of the grants made for such training \n shall not exceed 10 percent of the total amount of the grants \n made under this Act.\n (b) Amounts and Conditions.--The Director shall determine the \namount and any conditions for a grant made under this section. The \namount of the grant shall be subject to subsection (f), and shall \nreflect the capacity of the applicant for the grant.\n (c) Applications.--Each entity desiring a grant under this section \nshall submit an application to the Director at such time, in such \nmanner, and accompanied by such information as the Director may \nreasonably require.\n (d) State Applications.--Each State may sponsor and submit an \napplication under subsection (c) on behalf of any local entity \nconsisting of a unit of State or local government, State-supported \ninstitution of higher education, or nonprofit organization, meeting the \nrequirements of this Act.\n (e) Applications by Entities.--\n (1) Entity applications.--If a State fails to support or \n establish a program pursuant to this Act during any fiscal \n year, the Director shall, in the subsequent fiscal years, allow \n local entities described in subsection (d) from that State to \n make applications for grants under subsection (c) on their own \n initiative.\n (2) Application screening.--Any State failing to support or \n establish a program pursuant to this Act during any fiscal year \n may submit applications under subsection (c) in the subsequent \n fiscal years but may not screen applications by local entities \n described in subsection (d) before submitting the applications \n to the Director.\n (f) Limitations.--A recipient of a grant made under this section \nshall not receive, during a fiscal year, in the aggregate, more than \nthe following amounts:\n (1) For fiscal year 2010, $300,000.\n (2) For fiscal year 2011, $330,000.\n (3) For fiscal year 2012, $363,000.\n (4) For fiscal year 2013, $399,300.\n (5) For fiscal year 2014, $439,200.\n (g) Annual Report.--For each year, each recipient of a grant under \nthis section shall submit to the Director a report describing how grant \nfunds allocated pursuant to this section were expended during the 12-\nmonth period preceding the date of the submission of the report.\n\nSEC. 6. OFFICE REPORTING.\n\n Not later than the expiration of the 36-month period following the \ndate of enactment of this Act, the Director shall prepare and submit to \nCongress a report--\n (1) on progress related to employee ownership and \n participation in businesses in the United States; and\n (2) containing an analysis of critical costs and benefits \n of activities carried out under this Act.\n\nSEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated for the \npurpose of making grants pursuant to section 5 the following:\n (1) For fiscal year 2010, $3,500,000.\n (2) For fiscal year 2011, $5,500,000.\n (3) For fiscal year 2012, $8,000,000.\n (4) For fiscal year 2013, $10,500,000.\n (5) For fiscal year 2014, $13,500,000.\n (b) Administrative Expenses.--There are authorized to be \nappropriated for the purpose of funding the Office, for each of fiscal \nyears 2010 through 2014, an amount not in excess of--\n (1) $350,000; or\n (2) 5.0 percent of the maximum amount available under \n subsection (a) for that fiscal year.","summary":"Worker Ownership, Readiness and Knowledge Act or the WORK Act - Directs the Secretary of Labor to establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. Requires the Office Director, with federal grants and acting as an information clearinghouse, to: (1) support existing programs in the states designed to promote employee ownership and employee participation in business decisionmaking. And (2) promote the formation of new such programs. Directs the Secretary to establish a program, administered by the Director, which is designed to foster employee ownership and employee participation in business decisionmaking throughout the United States.","title":"A bill to provide State programs to encourage employee ownership and participation in business decisionmaking throughout the United States, and for other purposes.","text_len":12084,"sum_len":768} {"bill_id":"103_hr2565","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes National Program Act''.\n\nSEC. 2. LAKEWIDE MANAGEMENT PLANS.\n\n Paragraph (4) of section 118(c) of the Federal Water Pollution \nControl Act (33 U.S.C. 1268(c)(4)) is amended to read as follows:\n ``(4) Lakewide management plans.--\n ``(A) Deadlines.--\n ``(i) Lake michigan and lake superior.--Not \n later than January 1, 1995, the Administration \n shall publish in the Federal Register the final \n Lakewide Management Plan for Lake Michigan and \n Lake Superior.\n ``(ii) Lake erie, lake huron, and lake \n ontario.--Not later than January 1, 1998, the \n Administrator shall publish in the Federal \n Register proposed Lakewide Management Plans for \n Lake Erie, Lake Huron, and Lake Ontario.\n ``(B) Contents.--Each Lakewide Management Plan \n shall be consistent with the requirements of Annex 2 of \n the Great Lakes Water Quality Agreement, and shall--\n ``(i) include an assessment of the \n environmental condition of the lake, including \n water and sediment quality and natural \n resources;\n ``(ii) identify--\n ``(I) the pollutants that exceed \n water or sediment quality standards in \n the lake, describing the loadings of \n the pollutants to the lake, including \n conventional, non-conventional, and \n toxic pollutants; and\n ``(II) the point and nonpoint \n sources of the pollutants;\n ``(iii) provide a comprehensive protection \n plan recommending specific actions to restore \n and maintain the chemical, physical, and \n biological integrity of the lake, including--\n ``(I) the specific measures to \n protect and maintain high quality \n waters; and\n ``(II) an identification of the \n reduction in loadings of pollutants \n identified in clause (ii) to ensure the \n restoration and attainment of water and \n sediment quality standards, and the \n protection and propagation of a \n balanced indigenous population of fish, \n shellfish, and wildlife and recreation \n in and on the water; and\n ``(iv) provide a schedule for implementing \n recommended actions, including the \n identification of the agencies and sources \n responsible for implementing the loading \n reductions, and the funding sources to support \n the implementation.\n ``(C) Cooperation.--Each Lakewide Management Plan \n shall be developed in cooperation with--\n ``(i) the State or States bordering the \n lake, including the public in the State or \n States;\n ``(ii) appropriate representatives of \n Canada; and\n ``(iii) the Great Lakes Policy \n Committee.''.\n\nSEC. 3. SEDIMENT CLEANUP.\n\n (a) Removal of Toxic Pollutants.--Section 118(c)(7) of the Federal \nWater Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended by adding \nat the end the following new subparagraphs:\n ``(D) Full scale demonstration projects.--\n ``(i) In general.--The Program Office shall \n conduct 5 full scale demonstration projects of \n promising technologies to remedy contaminated \n sediments at such sites as the Program Office \n determines are appropriate.\n ``(ii) Selection of sites.--In selecting \n sites for the demonstration projects, the \n Program Office shall give priority \n consideration to the sites referred to in \n subparagraph (A).\n ``(iii) Deadlines.--The Program Office \n shall--\n ``(I) not later than December 31, \n 1995, complete engineering plans for \n the full scale demonstration projects \n to be conducted under this \n subparagraph; and\n ``(II) not later than December 31, \n 2000, complete the full scale \n demonstration projects to be conducted \n under this subparagraph.\n ``(E) Assessments and pilot scale demonstration \n projects.--\n ``(i) Assessments.--\n ``(I) In general.--The Program \n Office shall conduct chemical, \n physical, and biological assessments of \n contaminated sediments at each area of \n concern.\n ``(II) Recommendations.--Bases on \n the assessments, the Program Office \n shall make recommendations on \n technologies to remedy contaminated \n sediments at each such area.\n ``(III) Use of previous findings.--\n In conducting the assessments, the \n Program Office shall incorporate \n previous findings which are relevant to \n the assessments and avoid duplication \n of previous or ongoing efforts.\n ``(ii) Pilot scale demonstration \n projects.--If, after conducting assessments \n under clause (i), the Program Office does not \n have sufficient information to make \n recommendations on technologies to remedy \n contaminated sediments at an area of concern, \n the Program Office shall obtain such \n information by conducting a pilot scale \n demonstration project of promising technologies \n to remedy contaminated sediments at the area of \n concern.\n ``(iii) Deadlines.--The Program Office \n shall--\n ``(I) not later than December 31, \n 1999, complete assessments of \n contaminated sediments to be conducted \n under clause (i);\n ``(II) not later than December 31, \n 1999, transmit to Congress (as part of \n a comprehensive report required by \n paragraph (10)) recommendations made \n under clause (i) on technologies to \n remedy contaminated sediments for those \n areas of concern for which the Program \n Office has sufficient information to \n make the recommendations and a \n description of pilot scale \n demonstration projects to be conducted \n under clause (ii), including the \n locations of such projects and \n engineering plans for such projects; \n and\n ``(III) not later than December 31, \n 2001, complete all pilot scale \n demonstration projects to be conducted \n under clause (ii) and transmit to \n Congress (as part of a comprehensive \n report required by paragraph (10)) a \n final report containing findings on \n activities conducted under this \n subparagraph and recommendations for \n remediation of contaminated sediments \n at each area of concern.\n ``(F) Dissemination of information and \n coordination.--The Program Office shall assist in and \n promote the dissemination of information on \n technologies to remedy contaminated sediments at areas \n of concern, including the dissemination of such \n information to Federal departments and agencies.''.\n (b) Conforming and Technical Amendments.--Section 118(c) of such \nAct (33 U.S.C. 1268(c)) is amended--\n (1) in the heading to paragraph (6), by striking ``5-year \n plan and program'' and inserting ``Plan and program'';\n (2) in the heading to paragraph (7), by striking ``5-year \n study and demonstration projects'' and inserting ``Study and \n demonstration projects''; and\n (3) in paragraph (7)--\n (A) by striking ``(A)'' and inserting ``(A) 5-year \n study.--'';\n (B) by indenting subparagraph (A) and aligning \n subparagraph (A) with subparagraph (B);\n (C) by striking ``(B)'' and inserting ``(B) \n Deadlines for demonstration projects.--''; and\n (D) by striking ``(C)'' and inserting ``(C) \n Publication of information.--''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n Subsection (h) of section 118 of the Federal Water Pollution \nControl Act (33 U.S.C. 1268(h)) is amended to read as follows:\n ``(h) Authorization of Appropriations.--There is authorized to be \nappropriated for activities of the Program Office $30,000,000 per \nfiscal year for each of fiscal years 1994 through 2000. Such sums shall \nremain available until expended.''.","summary":"Great Lakes National Program Act - Amends the Federal Water Pollution Control Act to extend the deadline for the publication of the final Lakewide Management Plan for Lake Michigan and to establish publication deadlines for a final plan for Lake Superior and proposed plans for Lake Erie, Lake Huron, and Lake Ontario. Directs the Great Lakes National Program Office to: (1) conduct five demonstration projects of promising technologies to remedy contaminated sediments at appropriate sites. (2) conduct chemical, physical, and biological assessments of contaminated sediments at each area of concern and make recommendations on technologies to remedy contaminated sediments. And (3) report findings and recommendations to the Congress. Extends the authorization of appropriations for the Great Lakes water quality program through FY 2000.","title":"Great Lakes National Program Act","text_len":11375,"sum_len":839} {"bill_id":"113_hr1954","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sunset Wasteful Executive \nExpenditures and Programs Act of 2013''.\n\nSEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE \n DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC \n NEED.\n\n (a) Amendment.--Chapter 7 of title 31, United States Code, is \namended by adding at the end of subchapter II the following new \nsection:\n``Sec. 721. Review of Executive departments to ensure they continue to \n serve a public need\n ``(a) Review Required.--Each year, beginning with 2014, the \nComptroller General of the United States shall review three Executive \ndepartments, in the order of their creation, to identify agencies and \nprograms within the jurisdiction of the departments that perform \nsimilar or related functions and that no longer serve a public need. \nThe Comptroller General shall review every department at least once \nevery five years.\n ``(b) Criteria.--The Comptroller General shall evaluate the \nefficiency and public need for each Executive department pursuant to \nsubsection (a) using the following criteria:\n ``(1) The effectiveness and the efficiency of the operation \n of the programs carried out by each such Executive department.\n ``(2) Whether the programs carried out by the Executive \n department are cost-effective.\n ``(3) Whether the Executive department has acted outside \n the scope of its original authority, and whether the original \n objectives of the department have been achieved.\n ``(4) Whether less restrictive or alternative methods exist \n to carry out the functions of the Executive department.\n ``(5) The extent to which the jurisdiction of, and the \n programs administered by, the Executive department duplicate or \n conflict with the jurisdiction and programs of other Executive \n departments.\n ``(6) The potential benefits of consolidating programs \n administered by the Executive department with similar or \n duplicative programs of other Executive departments, and the \n potential for consolidating such programs.\n ``(7) The number and types of beneficiaries or persons \n served by programs carried out by the Executive department.\n ``(8) The extent to which any trends, developments, and \n emerging conditions that are likely to affect the future nature \n and extent of the problems or needs that the programs carried \n out by the Executive department are intended to address.\n ``(9) The extent to which the Executive department has \n complied with the provisions contained in sections 1115 through \n 1119 of this title (relating to Government performance planning \n and reporting).\n ``(10) Whether the Executive department has worked to enact \n changes in the law that are intended to benefit the public as a \n whole rather than the specific business, institution, or \n individuals that the department regulates.\n ``(11) The extent to which the Executive department has \n encouraged participation by the public as a whole in making its \n rules and decisions rather than encouraging participation \n solely by those it regulates.\n ``(12) The extent to which the public participation in \n rulemaking and decisionmaking of the Executive department has \n resulted in rules and decisions compatible with the objectives \n of the department.\n ``(13) The extent to which the Executive department \n complies with section 552 of title 5, United States Code \n (commonly known as the `Freedom of Information Act').\n ``(14) The extent of the regulatory, privacy, and paperwork \n impacts of the programs carried out by the Executive \n department.\n ``(15) The extent to which changes are necessary in the \n authorizing statutes of the Executive department in order that \n the function of the department can be performed in the most \n efficient and effective manner.\n ``(c) Annual Report and Recommended Legislation.--By February 1 of \neach year, beginning with February 1, 2015, the Comptroller General \nshall submit to Congress a report on the results of the review of the \nExecutive departments carried out during the preceding year. The report \nshall include--\n ``(1) such recommendations as the Comptroller General \n considers necessary to facilitate the abolishment of agencies \n and programs within the Executive departments that perform \n similar or related functions that were identified pursuant to \n subsection (a) as no longer serving a public need; and\n ``(2) legislative language to implement those \n recommendations in a form appropriate for introduction in \n Congress as a bill.\n ``(d) Executive Department Defined.--In this section, the term \n`Executive department' means each department listed in section 101 of \ntitle 5, United States Code.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 7 of title 31, United States Code, is amended by adding at the \nend of subchapter II the following new item:\n\n``721. Review of Executive departments to ensure they continue to serve \n a public need.''.\n\nSEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE \n TO SERVE A PUBLIC NEED.\n\n (a) Abolishment of Departments.--\n (1) In general.--Not later than December 31 of each year, \n beginning with December 31, 2015, the three Executive \n departments that were reviewed by the Comptroller General of \n the United States during the preceding year pursuant to section \n 721 of title 31, United States Code, shall be abolished.\n (2) Winding down.--The President, in coordination with the \n Secretary of each Executive department concerned, shall direct \n the procedures for the winding down of the operations of \n departments abolished under subsection (a).\n (3) Extension.--The date of abolishment for an Executive \n department may be extended for an additional two years if \n Congress enacts legislation extending such date by a vote of \n three-fifths of the House of Representatives and of the Senate.\n (b) Continuation of Departments.--\n (1) Approval of existence.--Congress may authorize the \n continued existence of an Executive department scheduled for \n abolishment by approving or rejecting the legislation \n containing the recommendations of the Comptroller General with \n respect to that department, as submitted under section \n 721(c)(2) of title 31, United States Code, and introduced as a \n bill under subsection (c).\n (2) Future recommendations.--Action of Congress approving \n of an Executive department scheduled for abolishment does not \n prevent the department from being abolished in the next cycle \n for consideration.\n (c) Process for Consideration of Comptroller General's Report.--\n (1) Introduction.--After February 1 of each year, beginning \n with 2015, the legislation containing the recommendations of \n the Comptroller General with respect to the Executive \n departments reviewed during the preceding year, as submitted in \n the report of the Comptroller General under section 721(c)(2) \n of title 31, United States Code, shall be introduced in the \n Senate by the Majority Leader or the Majority Leader's \n designee, and in the House of Representatives by the Speaker or \n the Speaker's designee. Upon such introduction, the bill, to be \n known as a ``wasteful expenditures bill'' shall be referred to \n appropriate committees of Congress under paragraph (2). If the \n wasteful expenditures bill is not introduced in accordance with \n the preceding sentence, then any member of Congress may \n introduce such bill in the member's respective House of \n Congress beginning on the date that is the fifth calendar day \n that such House is in session following the date of the \n submission of such aggregate legislative provisions.\n (2) Committee consideration.--\n (A) Referral.--A wasteful expenditures bill \n introduced under paragraph (1) shall be referred to any \n appropriate committee of jurisdiction in the Senate and \n the House of Representatives. A committee to which a \n wasteful expenditures bill is referred under this \n paragraph and may review and comment on such bill, may \n report such bill to the respective House, and may not \n amend such bill.\n (B) Reporting.--Not later than 60 legislative days \n after the introduction of the wasteful expenditures \n bill, each Committee of Congress to which the wasteful \n expenditures bill was referred shall report the bill.\n (C) Discharge of committee.--If a committee to \n which is referred a wasteful expenditures bill has not \n reported such bill at the end of 60 legislative days \n after its introduction or at the end of the first day \n after there has been reported to the House involved a \n wasteful expenditures bill, whichever is earlier, such \n committee shall be deemed to have been discharged from \n further consideration of such bill, and such bill shall \n be placed on the appropriate calendar of the House \n involved.\n (3) Expedited procedure.--\n (A) Consideration.--\n (i) In general.--Not later than 5 \n legislative days after the date on which a \n committee has reported a wasteful expenditures \n bill or been discharged from consideration of a \n wasteful expenditures bill, the Majority Leader \n of the Senate, or the Majority Leader's \n designee, or the Speaker of the House of \n Representatives, or the Speaker's designee, \n shall move to proceed to the consideration of \n the wasteful expenditures bill. It shall also \n be in order for any member of the Senate or the \n House of Representatives, respectively, to move \n to proceed to the consideration of the wasteful \n expenditures bill at any time after the \n conclusion of such 5-day period.\n (ii) Motion to proceed.--A motion to \n proceed to the consideration of a wasteful \n expenditures bill is highly privileged in the \n House of Representatives and is privileged in \n the Senate and is not debatable. The motion is \n not subject to amendment or to a motion to \n postpone consideration of the wasteful \n expenditures bill. If the motion to proceed is \n agreed to, the Senate or the House of \n Representatives, as the case may be, shall \n immediately proceed to consideration of the \n wasteful expenditures bill without intervening \n motion, order, or other business, and the \n wasteful expenditures bill shall remain the \n unfinished business of the Senate or the House \n of Representatives, as the case may be, until \n disposed of.\n (iii) Limited debate.--Debate on the \n wasteful expenditures bill and on all debatable \n motions and appeals in connection therewith \n shall be limited to not more than 10 hours, \n which shall be divided equally between those \n favoring and those opposing the wasteful \n expenditures bill. A motion further to limit \n debate on the wasteful expenditures bill is in \n order and is not debatable. All time used for \n consideration of the wasteful expenditures \n bill, including time used for quorum calls \n (except quorum calls immediately preceding a \n vote) and voting, shall come from the 10 hours \n of debate.\n (iv) Amendments.--No amendment to the \n wasteful expenditures bill shall be in order in \n the Senate and the House of Representatives.\n (v) Vote on final passage.--Immediately \n following the conclusion of the debate on the \n wasteful expenditures bill, the vote on final \n passage of the wasteful expenditures bill shall \n occur.\n (vi) Other motions not in order.--A motion \n to postpone consideration of the wasteful \n expenditures bill, a motion to proceed to the \n consideration of other business, or a motion to \n recommit the wasteful expenditures bill is not \n in order. A motion to reconsider the vote by \n which the wasteful expenditures bill is agreed \n to or not agreed to is not in order.\n (B) Consideration by the other house.--If, before \n the passage by one House of the wasteful expenditures \n bill that was introduced in such House, such House \n receives from the other House a wasteful expenditures \n bill as passed by such other House--\n (i) the wasteful expenditures bill of the \n other House shall not be referred to a \n committee and may only be considered for final \n passage in the House that receives it under \n subparagraph (C);\n (ii) the procedure in the House in receipt \n of the wasteful expenditures bill of the other \n House, shall be the same as if no wasteful \n expenditures bill had been received from the \n other House; and\n (iii) notwithstanding subparagraph (B), the \n vote on final passage shall be on the wasteful \n expenditures bill of the other House.\n (C) Disposition.--Upon disposition of a wasteful \n expenditures bill that is received by one House from \n the other House, it shall no longer be in order to \n consider the wasteful expenditures bill that was \n introduced in the receiving House.\n (4) Legislative day.--In this section, the term \n ``legislative day'' means a day on which either House of \n Congress is in session.\n (5) Rules of the senate and the house of representatives.--\n This section is enacted--\n (A) as an exercise of the rulemaking power of the \n Senate and the House of Representatives, respectively, \n and is deemed to be part of the rules of each House, \n respectively, but applicable only with respect to the \n procedure to be followed in that House in the case of a \n wasteful expenditures bill, and it supersedes other \n rules only to the extent that it is inconsistent with \n such rules; and\n (B) with full recognition of the constitutional \n right of either House to change the rules (so far as \n they relate to the procedure of that House) at any \n time, in the same manner, and to the same extent as in \n the case of any other rule of that House.","summary":"Sunset Wasteful Executive Expenditures and Programs Act of 2013 - Requires the Comptroller General (GAO): (1) each year, beginning in 2014, to review three executive departments to identify agencies and programs that perform similar or related functions and that no longer serve a public need. (2) to review every executive department at least once every five years. And (3) each year, beginning on February 1, 2015, to report to Congress on the results of the reviews of executive departments carried out during the preceding year with recommendations for abolishing agencies and programs that perform similar or related functions and no longer serve a public need. Abolishes by December 31 of each year, beginning with 2015, the three executive departments reviewed by the Comptroller General during the preceding year. Requires the President to direct procedures for the winding down of the operations of each abolished department. Allows Congress to authorize the continued existence of an executive department scheduled for abolishment. Sets forth the process for congressional consideration of the Comptroller General's report, including an expedited procedure for consideration of resulting legislation to be known as a wasteful expenditures bill.","title":"Sunset Wasteful Executive Expenditures and Programs Act of 2013","text_len":16914,"sum_len":1254} {"bill_id":"109_s4051","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Intelligence Surveillance \nOversight and Resource Enhancement Act of 2006''.\n\n TITLE I--ENHANCEMENT OF RESOURCES AND PERSONNEL FOR ELECTRONIC \n SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES\n\nSEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.\n\n (a) Authority for Additional Judges.--Section 103(a) of the Foreign \nIntelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--\n (1) by inserting ``(1)'' after ``(a)'';\n (2) in paragraph (1), as so designated, by inserting ``at \n least'' before ``seven of the United States judicial \n circuits'';\n (3) by designating the second sentence as paragraph (4) and \n indenting such paragraph, as so designated, accordingly; and\n (4) by inserting after paragraph (1), as so designated, the \n following new paragraph:\n ``(2) In addition to the judges designated under paragraph \n (1), the Chief Justice of the United States may designate as \n judges of the court established by paragraph (1) such judges \n appointed under Article III of the Constitution of the United \n States as the Chief Justice determines appropriate in order to \n provide for the prompt and timely consideration under section \n 105 of applications under section 104 for electronic \n surveillance under this title. Any judge designated under this \n paragraph shall be designated publicly.''.\n (b) Consideration of Emergency Applications.--Such section is \nfurther amended by inserting after paragraph (2), as added by \nsubsection (a) of this section, the following new paragraph:\n ``(3) A judge of the court established by paragraph (1) \n shall make a determination to approve, deny, or seek \n modification of an application submitted under section \n subsection (f) or (g) of section 105 not later than 24 hours \n after the receipt of such application by the court.''.\n\nSEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF \n APPLICATIONS FOR ORDERS APPROVING ELECTRONIC \n SURVEILLANCE.\n\n (a) Office of Intelligence Policy and Review.--\n (1) Additional personnel.--The Office of Intelligence \n Policy and Review of the Department of Justice is authorized \n such additional personnel, including not fewer than 21 full-\n time attorneys, as may be necessary to carry out the prompt and \n timely preparation, modification, and review of applications \n under section 104 of the Foreign Intelligence Surveillance Act \n of 1978 (50 U.S.C. 1804) for orders under section 105 of that \n Act (50 U.S.C. 1805) approving electronic surveillance for \n foreign intelligence purposes.\n (2) Assignment.--The Attorney General shall assign \n personnel authorized by paragraph (1) to and among appropriate \n offices of the National Security Agency in order that such \n personnel may directly assist personnel of the Agency in \n preparing applications described in that paragraph.\n (b) Federal Bureau of Investigation.--\n (1) Additional legal and other personnel.--The National \n Security Branch of the Federal Bureau of Investigation is \n authorized such additional legal and other personnel as may be \n necessary to carry out the prompt and timely preparation of \n applications under section 104 of the Foreign Intelligence \n Surveillance Act of 1978 for orders under section 105 of that \n Act approving electronic surveillance for foreign intelligence \n purposes.\n (2) Assignment.--The Director of the Federal Bureau of \n Investigation shall assign personnel authorized by paragraph \n (1) to and among the field offices of the Federal Bureau of \n Investigation in order that such personnel may directly assist \n personnel of the Bureau in such field offices in preparing \n applications described in that paragraph.\n (c) Additional Legal and Other Personnel for National Security \nAgency.--The National Security Agency is authorized such additional \nlegal and other personnel as may be necessary to carry out the prompt \nand timely preparation of applications under section 104 of the Foreign \nIntelligence Surveillance Act of 1978 for orders under section 105 of \nthat Act approving electronic surveillance for foreign intelligence \npurposes.\n (d) Additional Legal and Other Personnel for Foreign Intelligence \nSurveillance Court.--There is authorized for the Foreign Intelligence \nSurveillance Court such additional personnel (other than judges) as may \nbe necessary to facilitate the prompt and timely consideration by that \nCourt of applications under section 104 of the Foreign Intelligence \nSurveillance Act of 1978 for orders under section 105 of that Act \napproving electronic surveillance for foreign intelligence purposes. \nPersonnel authorized by this paragraph shall perform such duties \nrelating to the consideration of such applications as that Court shall \ndirect.\n (e) Supplement Not Supplant.--The personnel authorized by this \nsection are in addition to any other personnel authorized by law.\n\nSEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL \n SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE \n SURVEILLANCE MATTERS.\n\n The Director of the Federal Bureau of Investigation and the \nDirector of the National Security Agency shall each, in consultation \nwith the Attorney General--\n (1) develop regulations establishing procedures for \n conducting and seeking approval of electronic surveillance on \n an emergency basis, and for preparing and properly submitting \n and receiving applications and orders, under sections 104 and \n 105 of the Foreign Intelligence Surveillance Act of 1978 (50 \n U.S.C. 1804 and 1805); and\n (2) prescribe related training for the personnel of the \n applicable agency.\n\n TITLE II--IMPROVEMENT OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY\n\nSEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY \n ELECTRONIC SURVEILLANCE.\n\n Section 105(f) of the Foreign Intelligence Surveillance Act of 1978 \n(50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it \nappears and inserting ``168 hours''.\n\nSEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.\n\n (a) In General.--Notwithstanding any other provision of this Act or \nthe Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et \nseq.), no court order shall be required for the acquisition through \nelectronic surveillance of the contents of any communication between \none person who is not located within the United States and another \nperson who is not located within the United States for the purpose of \ncollecting foreign intelligence information even if such communication \npasses through, or the surveillance device is located within, the \nUnited States.\n (b) Treatment of Intercepted Communications Involving Domestic \nParty.--If surveillance conducted, as described in subsection (a), \ninadvertently collects a communication in which at least one party is \nwithin the United States, the contents of such communications shall be \nhandled in accordance with the minimization procedures set forth in \nsection 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978 \n(50 U.S.C. 1801(h)(4)).\n (c) Definitions.--In this section, the terms ``contents'', \n``electronic surveillance'', and ``foreign intelligence information'' \nhave the meaning given such terms in section 101 of the Foreign \nIntelligence Surveillance Act of 1978 (50 U.S.C. 1801).\n\nSEC. 203. INDIVIDUALIZED FISA APPLICATIONS.\n\n The contents of any wire or radio communication sent by a person \nwho is reasonably believed to be inside the United States to a person \noutside the United States may not be retained or used unless a court \norder authorized under the Foreign Intelligence Surveillance Act is \nobtained.\n\nSEC. 204. ISSUES RESERVED FOR THE COURTS.\n\n Nothing in this Act shall be deemed to amend those provisions of \nFISA concerning any wire or radio communication sent from outside the \nUnited States to a person inside the United States. The \nconstitutionality of such interceptions shall be determined by the \ncourts, including the President's claim that his article II authority \nsupersedes FISA.\n\nTITLE III--ENHANCED CONGRESSIONAL OVERSIGHT AND SUPREME COURT REVIEW OF \n THE TERRORIST SURVEILLANCE PROGRAM\n\nSEC. 301. CONGRESSIONAL OVERSIGHT.\n\n (a) Electronic Surveillance Under FISA.--Section 108 of the Foreign \nIntelligence Surveillance Act of 1978 (50 U.S.C. 1808) is amended--\n (1) in subsection (a)(2)--\n (A) in subparagraph (B), by striking ``and'' at the \n end;\n (B) in subparagraph (C), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(D) the authority under which the electronic \n surveillance is conducted.''; and\n (2) by striking subsection (b) and inserting the following:\n ``(b) On a semiannual basis, the Attorney General additionally \nshall fully inform the Permanent Select Committee on Intelligence of \nthe House of Representatives and the Select Committee on Intelligence \nof the Senate on electronic surveillance conducted without a court \norder.''.\n (b) Intelligence Activities.--The National Security Act of 1947 (50 \nU.S.C. 401 et seq.) is amended--\n (1) in section 501 (50 U.S.C. 413)--\n (A) by redesignating subsection (f) as subsection \n (g); and\n (B) by inserting after subsection (e) the following \n new subsection:\n ``(f) The Chair of each of the congressional intelligence \ncommittees, in consultation with the ranking member of the committee \nfor which the person is Chair, may inform, on a bipartisan basis, all \nmembers or any individual members of such committee of a report \nsubmitted under subsection (a)(1) or subsection (b) as such Chair \nconsiders necessary.''; and\n (2) in section 502 (50 U.S.C. 414), by adding at the end \n the following new subsection:\n ``(d) Informing of Committee Members.--The Chair of each of the \ncongressional intelligence committees, in consultation with the ranking \nmember of the committee for which the person is Chair, may inform, on a \nbipartisan basis, all members or any individual members of such \ncommittee of a report submitted under subsection (a) as such Chair \nconsiders necessary.''.\n\nSEC. 302. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM.\n\n (a) In General.--Upon appeal by the United States or any party to \nthe underlying proceedings, the Supreme Court of the United States \nshall review the final decision of any United States court of appeal \nconcerning the legality of the Terrorist Surveillance Program.\n (b) Expedited Consideration.--It shall be the duty of the Supreme \nCourt of the United States to advance on the docket and to expedite to \nthe greatest possible extent the disposition of any matter brought \nunder subsection (a).\n (c) Definition.--In this section, the term ``Terrorist Surveillance \nProgram'' means the program identified by the President of the United \nStates on December 17, 2005, to intercept international communications \ninto and out of the United States of persons linked to al Qaeda or \nrelated terrorist organizations.\n\n TITLE IV--OTHER MATTERS\n\nSEC. 401. DEFINITION.\n\n In this Act, the term ``Foreign Intelligence Surveillance Court'' \nmeans the court established by section 103(a) of the Foreign \nIntelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).\n\nSEC. 402. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as may be \nnecessary to carry out this Act and the amendments made by this Act.\n\nSEC. 403. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect on \nthe date that is 30 days after the date of the enactment of this Act.\n ","summary":"Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to: (1) authorize the appointment of additional judges to the Foreign Intelligence Surveillance Court (Court). And (2) require FISA judges to act on applications for emergency electronic surveillance within 24 hours. Authorizes the hiring of additional personnel in the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and the Court to process surveillance applications. Requires the Directors of the FBI and NSA to develop regulations for conducting and seeking approval for emergency electronic surveillance, preparing and submitting applications for such surveillance, and training personnel. Extends from 72 to 168 hours the period during which the Attorney General may authorize emergency electronic surveillance pending judicial authorization of such surveillance. Permits electronic surveillance without a court order of communications between individuals outside the United States for the purpose of collecting foreign intelligence information even if such communications pass through, or the surveillance device is located within, the United States. Requires a court order for the contents of any wire or radio communication sent by a person inside the United States to a person outside the United States. Authorizes enhanced congressional oversight of electronic surveillance activities under FISA. Requires Supreme Court review of any final decision of a US court of appeals concerning the legality of the Terrorist Surveillance Program.","title":"A bill to provide sufficient resources to permit electronic surveillance of United States persons for foreign intelligence purposes to be conducted pursuant to individualized court-based orders for calls originating in the United States, to provide additional resources to enhance oversight and streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, to ensure review of the Terrorist Surveillance Program by the United States Supreme Court, and for other purposes.","text_len":13335,"sum_len":1646} {"bill_id":"104_hr3885","text":"SECTION 1. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND \n INDEXATION OF RECORDS.\n\n Section 552(a)(2) of title 5, United States Code, is amended--\n (1) in the second sentence, by striking out ``or staff \n manual or instruction'' and inserting ``staff manual, \n instruction, or copies of records referred to in subparagraph \n (D)'';\n (2) by inserting before the period at the end of the 3rd \n sentence the following: ``, and the extent of such deletion \n shall be indicated on the portion of the record which is made \n available or published'';\n (3) by inserting after the 3rd sentence the following: ``If \n technically feasible, the extent of the deletion shall be \n indicated at the place in the record where the deletion was \n made.'';\n (4) in subparagraph (B), by striking ``and'' after the \n semicolon;\n (5) by inserting after subparagraph (C) the following:\n ``(D) copies of all records, regardless of form or format, \n which have been released to any person under paragraph (3) and \n which, because of the nature of their subject matter, the \n agency determines have become or are likely to become the \n subject of subsequent requests for substantially the same \n records; and\n ``(E) a general index of the records referred to under \n subparagraph (D);'';\n (6) by inserting after the 5th sentence the following: \n ``Each agency shall make the index referred to in subparagraph \n (E) available by electronic means by December 31, 1999.''; and\n (7) by inserting after the 1st sentence the following: \n ``For records created on or after November 1, 1996, within one \n year after such date, each agency shall make such records \n available by computer telecommunications or, if computer \n telecommunications means have not been established by the \n agency, by other electronic means.''.\n\nSEC. 2. REPORT TO THE CONGRESS.\n\n Section 552(e) of title 5, United States Code, is amended to read \nas follows:\n ``(e)(1) On or before February 1 of each year, each agency shall \nsubmit to the Attorney General a report which shall cover the preceding \nfiscal year and which shall include--\n ``(A) the number of determinations made by the agency not \n to comply with requests for records made to such agency under \n subsection (a) and the reasons for each such determination;\n ``(B)(i) the number of appeals made by persons under \n subsection (a)(6), the result of such appeals, and the reason \n for the action upon each appeal that results in a denial of \n information; and\n ``(ii) a complete list of all statutes that the agency \n relies upon to authorize the agency to withhold information \n under subsection (b)(3), a description of whether a court has \n upheld the decision of the agency to withhold information under \n each such statute, and a concise description of the scope of \n any information withheld;\n ``(C) the number of requests for records pending before the \n agency as of September 30 of the preceding year, and the median \n number of days that such requests had been pending before the \n agency as of that date;\n ``(D) the number of requests for records received by the \n agency and the number of requests which the agency processed;\n ``(E) the median number of days taken by the agency to \n process different types of requests;\n ``(F) the total amount of fees collected by the agency for \n processing requests;\n ``(G) the average amount of time that the agency estimates \n as necessary, based on the past experience of the agency, to \n comply with different types of requests; and\n ``(H) the number of full-time staff of the agency devoted \n to processing requests for records under this section, and the \n total amount expended by the agency for processing such \n requests.\n ``(2) Each agency shall make each such report available to the \npublic through a computer network, or if computer network means have \nnot been established by the agency, by other electronic means.\n ``(3) The Attorney General shall make each report which has been \nmade available by electronic means available at a single electronic \naccess point. The Attorney General shall notify the Chairman and \nranking minority member of the Committee on Government Reform and \nOversight of the House of Representatives and the Chairman and ranking \nminority member of the Committees on Governmental Affairs and the \nJudiciary of the Senate, no later than April 1 of the year in which \neach such report is issued, that such reports are available by \nelectronic means.\n ``(4) The Attorney General, in consultation with the Director of \nthe Office of Management and Budget, shall develop reporting and \nperformance guidelines in connection with reports required by this \nsubsection by October 1, 1997, and may establish additional \nrequirements for such reports as the Attorney General determines may be \nuseful.\n ``(5) The Attorney General shall submit an annual report on or \nbefore April 1 of each calendar year which shall include for the prior \ncalendar year a listing of the number of cases arising under this \nsection, the exemption involved in each case, the disposition of such \ncase, and the cost, fees, and penalties assessed under subparagraphs \n(E), (F), and (G) of subsection (a)(4). Such report shall also include \na description of the efforts undertaken by the Department of Justice to \nencourage agency compliance with this section.''.","summary":"Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests. (2) a general index of such records, which shall be made available electronically by December 31, 1999. And (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Revises reporting requirements concerning such provisions.","title":"To amend section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, to provide for greater efficiency in providing public access to information and to provide for public access to information in an electronic format.","text_len":5869,"sum_len":577} {"bill_id":"107_hr4005","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``District of Columbia and United \nStates Territories Circulating Quarter Dollar Program Act''.\n\nSEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS COMMEMORATING THE \n DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES.\n\n Section 5112 of title 31, United States Code, is amended by \ninserting after subsection (m) the following new subsection:\n ``(n) Redesign and Issuance of Circulating Quarter Dollar \nCommemorating the District of Columbia and Each of the Territories.--\n ``(1) Redesign in 2009.--\n ``(A) In general.--Notwithstanding the fourth \n sentence of subsection (d)(1) and subsection (d)(2) and \n subject to paragraph (6)(B), quarter dollar coins \n issued during 2009, shall have designs on the reverse \n side selected in accordance with this subsection which \n are emblematic of the District of Columbia and the \n territories.\n ``(B) Flexibility with regard to placement of \n inscriptions.--Notwithstanding subsection (d)(1), the \n Secretary may select a design for quarter dollars \n issued during 2009 in which--\n (i) the inscription described in the second \n sentence of subsection (d)(1) appears on the \n reverse side of any such quarter dollars; and\n (ii) any inscription described in the third \n sentence of subsection (d)(1) or the \n designation of the value of the coin appears on \n the obverse side of any such quarter dollars.\n ``(2) Single district or territory design.--The design on \n the reverse side of each quarter dollar issued during 2009 \n shall be emblematic of one of the following: The District of \n Columbia, the Commonwealth of Puerto Rico, Guam, American \n Samoa, the United States Virgin Islands, and the Commonwealth \n of the Northern Mariana Islands.\n ``(3) Selection of design.--\n ``(A) In general.--Each of the 6 designs required \n under this subsection for quarter dollars shall be \n selected by the Secretary after consultation with--\n ``(i) the chief executive of the District \n of Columbia or the territory being \n commemorated, or such other officials or group \n as the chief executive officer of the District \n of Columbia or the territory may designate for \n such purpose; and\n ``(ii) the Commission of Fine Arts.\n ``(B) Selection and approval process.--Designs for \n quarter dollars may be submitted in accordance with the \n design selection and approval process developed by the \n Secretary in the sole discretion of the Secretary.\n ``(C) Participation.--The Secretary may include \n participation by District or territorial officials, \n artists from the District of Columbia or the territory, \n engravers of the United States Mint, and members of the \n general public.\n ``(D) Standards.--Because it is important that the \n Nation's coinage and currency bear dignified designs of \n which the citizens of the United States can be proud, \n the Secretary shall not select any frivolous or \n inappropriate design for any quarter dollar minted \n under this subsection.\n ``(E) Prohibition on certain representations.--No \n head and shoulders portrait or bust of any person, \n living or dead, and no portrait of a living person may \n be included in the design of any quarter dollar under \n this subsection.\n ``(4) Treatment as numismatic items.--For purposes of \n sections 5134 and 5136, all coins minted under this subsection \n shall be considered to be numismatic items.\n ``(5) Issuance.--\n ``(A) Quality of coins.--The Secretary may mint and \n issue such number of quarter dollars of each design \n selected under paragraph (4) in uncirculated and proof \n qualities as the Secretary determines to be \n appropriate.\n ``(B) Silver coins.--Notwithstanding subsection \n (b), the Secretary may mint and issue such number of \n quarter dollars of each design selected under paragraph \n (4) as the Secretary determines to be appropriate, with \n a content of 90 percent silver and 10 percent copper.\n ``(C) Sources of bullion.--The Secretary shall \n obtain silver for minting coins under subparagraph (B) \n from available resources, including stockpiles \n established under the Strategic and Critical Materials \n Stock Piling Act.\n ``(D) Timing and order of issuance.--Coins minted \n under this subsection commemorating the District of \n Columbia and each of the territories shall be issued in \n equal sequential intervals during 2009 in the following \n order: the District of Columbia, the Commonwealth of \n Puerto Rico, Guam, American Samoa, the United States \n Virgin Islands, and the Commonwealth of the Northern \n Mariana Islands.\n ``(6) Other provisions.--\n ``(A) Application in event of admission as a \n state.--If the District of Columbia or any territory \n becomes a State before the end of the 10-year period \n referred to in subsection (l)(1), subsection (l)(7) \n shall apply, and this subsection shall not apply, with \n respect to such State.\n ``(B) Application in event of independence.--If any \n territory becomes independent or otherwise ceases to be \n a territory or possession of the United States before \n quarter dollars bearing designs which are emblematic of \n such territory are minted pursuant to this subsection, \n this subsection shall cease to apply with respect to \n such territory.\n ``(7) Territory defined.--For purposes of this subsection, \n the term `territory' means the Commonwealth of Puerto Rico, \n Guam, American Samoa, the United States Virgin Islands, and the \n Commonwealth of the Northern Mariana Islands.''.\n\n Passed the House of Representatives October 7, 2002.\n\n Attest:\n\n Clerk.","summary":"District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to authorize the Secretary of the Treasury to mint and issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the US territories.","title":"To provide for a circulating quarter dollar coin program to commemorate the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes.","text_len":7201,"sum_len":273} {"bill_id":"107_s109","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dairy Farmer Viability Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the farm-retail price spread (the difference between \n farm and retail values) for dairy products has doubled since \n the early 1980's;\n (2) the price of raw milk sent to the market by dairy \n producers has fallen to levels received in 1978; and\n (3) the number of family-sized dairy operations has \n decreased by almost 75 percent in the last 2 decades, with some \n States losing nearly 10 percent of their dairy farmers in \n recent months.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``Dairy Farmer Viability Commission'' (referred to in this Act \nas the ``Commission'').\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 15 \n members appointed by the Secretary.\n (2) Prohibition on federal government employment.--A member \n of the Commission appointed under paragraph (1) shall not be an \n employee or former employee of the Federal Government.\n (3) Date of appointments.--The appointment of a member of \n the Commission shall be made as soon as practicable after the \n date of enactment of this Act.\n (c) Term; Vacancies.--\n (1) Term.--A member shall be appointed for the life of the \n Commission.\n (2) Vacancies.--A vacancy on the Commission--\n (A) shall not affect the powers of the Commission; \n and\n (B) shall be filled in the same manner as the \n original appointment was made.\n (d) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Commission have been appointed, the Commission \nshall hold the initial meeting of the Commission.\n (e) Meetings.--The Commission shall meet at the call of the \nChairperson.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n (g) Chairperson and Vice Chairperson.--The Commission shall select \na Chairperson and Vice Chairperson from among the members of the \nCommission.\n\nSEC. 4. DUTIES.\n\n (a) Study.--The Commission shall conduct a study on matters \nrelating to improving the viability of dairy farming.\n (b) Recommendations.--The Commission shall develop recommendations \nto improve the viability of dairy farming after considering, with \nrespect to dairy industry--\n (1) farm prices;\n (2) competition;\n (3) leverage;\n (4) stability; and\n (5) concentration in the marketplace.\n (c) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Commission shall submit to the President and Congress a \nreport that contains--\n (1) a detailed statement of the findings and conclusions of \n the Commission; and\n (2) the recommendations of the Commission for such \n legislation and administrative actions as the Commission \n considers appropriate.\n\nSEC. 5. POWERS.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out this Act.\n (b) Information From Federal Agencies.--\n (1) In general.--The Commission may secure directly from a \n Federal agency such information as the Commission considers \nnecessary to carry out this Act.\n (2) Provision of information.--On request of the \n Chairperson of the Commission, the head of the agency shall \n provide the information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \nagencies of the Federal Government.\n (d) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--A member of the Commission shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day (including \ntravel time) during which the member is engaged in the performance of \nthe duties of the Commission.\n (b) Travel Expenses.--A member of the Commission shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for an employee of an agency under subchapter I of chapter \n57 of title 5, United States Code, while away from the home or regular \nplace of business of the member in the performance of the duties of the \nCommission.\n (c) Staff.--\n (1) In general.--The Chairperson of the Commission may, \n without regard to the civil service laws (including \n regulations), appoint and terminate an executive director and \n such other additional personnel as are necessary to enable the \n Commission to perform the duties of the Commission.\n (2) Confirmation of executive director.--The employment of \n an executive director shall be subject to confirmation by the \n Commission.\n (3) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), the Chairperson of the Commission may fix the \n compensation of the executive director and other \n personnel without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification of positions \n and General Schedule pay rates.\n (B) Maximum rate of pay.--The rate of pay for the \n executive director and other personnel shall not exceed \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code.\n (d) Detail of Federal Government Employees.--\n (1) In general.--An employee of the Federal Government may \n be detailed to the Commission without reimbursement.\n (2) Civil service status.--The detail of the employee shall \n be without interruption or loss of civil service status or \n privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices in accordance with section 3109(b) of title 5, United States \nCode, at rates for individuals that do not exceed the daily equivalent \nof the annual rate of basic pay prescribed for level V of the Executive \nSchedule under section 5316 of that title.\n\nSEC. 7. FUNDING.\n\n The Secretary of Agriculture shall provide to the Commission for \neach fiscal year such sums as are necessary to carry out this Act, to \nbe derived by transfer of a proportionate amount of funds for \nadministrative expenses from each other account for which funds are \nmade available to the Department of Agriculture for administrative \nexpenses for the fiscal year.\n\nSEC. 8. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 90 days after the date on which the \nCommission submits the report of the Commission under section 4(c).","summary":"Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming.","title":"A bill to establish the Dairy Farmer Viability Commission.","text_len":7521,"sum_len":160} {"bill_id":"110_hr7196","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Farm Relief Act of 2008''.\n\nSEC. 2. 2008 CROP DISASTER ASSISTANCE.\n\n Section 9001 of the U.S. Troop Readiness, Veterans' Care, Katrina \nRecovery, and Iraq Accountability Appropriations Act, 2007 (Public Law \n110-28; 121 Stat. 211) is amended--\n (1) in subsection (a)--\n (A) by striking ``There are hereby'' and inserting \n the following:\n ``(1) In general.--There are hereby''; and\n (B) by adding at the end the following:\n ``(2) 2008 crop disaster assistance.--\n ``(A) In general.--There are hereby appropriated to \n the Secretary such sums as are necessary, to remain \n available until expended, to make emergency financial \n assistance under this section available to producers on \n a farm that incurred qualifying quantity or quality \n losses for the 2008 crop due a natural disaster or any \n related condition, as determined by the Secretary.\n ``(B) Sugar and sugarcane disaster assistance.--\n ``(i) Florida.--There are hereby \n appropriated to the Secretary such sums as are \n necessary, to remain available until expended, \n to make payments to processors in Florida that \n are eligible to obtain a loan under section \n 156(a) of the Federal Agriculture Improvement \n and Reform Act of 1996 (7 U.S.C. 7272(a)) to \n compensate first processors and producers for \n crop and other losses due a natural disaster or \n any related condition, as determined by the \n Secretary, in Florida during calendar year \n 2008, by an agreement on the same terms and \n conditions, to the maximum extent practicable, \n as the payments made under section 102 of the \n Emergency Supplemental Appropriations for \n Hurricane Disasters Assistance Act of 2005 \n (Public Law 108-324; 118 Stat. 1235), including \n that the 2008 base production of each \n harvesting unit shall be determined using the \n same base year crop production history that was \n used pursuant to the agreement under that \n section.\n ``(ii) Louisiana.--\n ``(I) Compensation for losses.--\n There are hereby appropriated to the \n Secretary such sums as are necessary, \n to remain available until expended, to \n make assistance available to first \n processors of sugarcane that operate in \n a county affected by a natural \n disaster, or obtain sugarcane from a \n county affected by a natural disaster, \n in Louisiana and that are eligible to \n obtain a loan under section 156(a) of \n the Federal Agriculture Improvement and \n Reform Act of 1996 (7 U.S.C. 7272(a)), \n in the form of monetary payments or \n commodities in the inventory of the \n Commodity Credit Corporation derived \n from carrying out that section, to \n compensate producers and first \n processors for crop and other losses \n due to the natural disaster or any \n related condition, as determined by the \n Secretary.\n ``(II) Administration.--Assistance \n under this clause shall be--\n ``(aa) shared by an \n affected first processor with \n affected producers that provide \n commodities to the processor in \n a manner that reflects \n contracts entered into between \n the processor and the \n producers, except with respect \n to a portion of the amount of \n total assistance provided under \n subclause (I) necessary to \n compensate affected producers \n for individual losses \n experienced by the producers, \n including losses due to \n saltwater intrusion, flooding, \n wind damage, or increased \n planting, replanting, or \n harvesting costs, which shall \n be transferred by the first \n processor to the affected \n producers without regard to \n contractual share arrangements; \n and\n ``(bb) made available under \n such terms and conditions as \n the Secretary determines are \n necessary to carry out this \n clause.\n ``(III) Form of assistance.--In \n carrying out this clause, the Secretary \n shall--\n ``(aa) convey to the first \n processor commodities in the \n inventory of the Commodity \n Credit Corporation derived from \n carrying out section 156(a) of \n the Federal Agriculture \n Improvement and Reform Act of \n 1996 (7 U.S.C. 7272(a));\n ``(bb) make monetary \n payments to the first \n processor; or\n ``(cc) take any combination \n of actions described in items \n (aa) and (bb), using \n commodities or monetary \n payments.\n ``(IV) Loss determination.--In \n carrying out this clause, the Secretary \n shall use the same base year to \n determine crop loss that was elected by \n a producer to determine crop loss in \n carrying out the hurricane assistance \n program under section 207 of the \n Agricultural Assistance Act of 2003 \n (Public Law 108-7; 117 Stat. 543).\n ``(iii) Texas.--There are hereby \n appropriated to the Secretary such sums as are \n necessary, to remain available until expended, \n to assist sugarcane growers in Texas by making \n a payment in that amount to a farmer-owned \n cooperative sugarcane processor in that State, \n for costs of demurrage, storage, and \n transportation resulting from natural disaster \n or any related condition during calendar year \n 2008.\n ``(C) Relation to supplemental agricultural \n disaster assistance program.--A producer on a farm that \n accepts assistance made available under this paragraph \n for a crop loss is not eligible to receive supplemental \n agricultural disaster assistance for that crop loss \n under subtitle B of the Federal Crop Insurance Act (7 \n U.S.C. 1531) or title IX of the Trade Act of 1974 (19 \n U.S.C. 2497 et seq.).''; and\n (2) in subsection (b), by striking ``this section'' each \n place it appears and inserting ``subsection (a)(1)''.\n\nSEC. 3. AQUACULTURE GRANTS.\n\n (a) Definition of Eligible Applicant.--In this section, the term \n``eligible applicant'' means a producer of animals described in section \n10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 \nU.S.C. 321d(a)(1)) during the 2008 calendar year.\n (b) Aquaculture Grants.--Of the funds of the Commodity Credit \nCorporation, the Secretary of Agriculture shall use $50,000,000 to \nprovide grants to appropriate State departments of agriculture (or \nother appropriate State agencies) that agree to provide assistance to \neligible applicants through animal feed providers that agree to make \nthe assistance available on a pro rata basis to eligible applicants \nbased on documented feed use by the eligible applicants during the 2008 \ncalendar year to help offset feed costs or economic losses caused by \nnatural disasters.\n (c) Duty of Secretary.--The Secretary shall ensure that--\n (1) funds made available under subsection (b) are \n apportioned in an equitable manner among the States that \n receive funds under this section; and\n (2) assistance is made available based only on documented \n feed use.\n (d) Regulations.--\n (1) In general.--The Secretary of Agriculture may \n promulgate such regulations as are necessary to implement this \n section.\n (2) Procedure.--The promulgation of the regulations and \n administration of this section shall be made without regard \n to--\n (A) the notice and comment provisions of section \n 553 of title 5, United States Code;\n (B) the Statement of Policy of the Secretary of \n Agriculture effective July 24, 1971 (36 Fed. Reg. \n 13804), relating to notices of proposed rulemaking and \n public participation in rulemaking; and\n (C) chapter 35 of title 44, United States Code \n (commonly known as the ``Paperwork Reduction Act'').\n (3) Congressional review of agency rulemaking.--In carrying \n out this subsection, the Secretary shall use the authority \n provided under section 808 of title 5, United States Code.","summary":"Farm Relief Act of 2008 - Amends the US Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to appropriate funds for: (1) emergency financial assistance to producers on a farm that incurred qualifying natural disaster-caused quantity or quality losses for the 2008 crop. (2) certain processors in Florida for natural disaster-caused crop and other losses in 2008. (3) certain first processors of sugarcane that operate in a county affected by a natural disaster or obtain sugarcane from a county affected by a natural disaster in Louisiana. And (4) certain sugarcane growers in Texas for natural disaster-caused demurrage, storage, and transportation costs in 2008. Provides specified Commodity Credit Corporation funds for grants to state departments of agriculture for assistance to eligible catfish producers to help offset natural disaster-caused feed costs or economic losses in 2008.","title":"To require the Secretary of Agriculture to provide crop disaster assistance to agricultural producers that suffered qualifying quantity or quality losses for the 2008 crop year due to a natural disaster.","text_len":11764,"sum_len":937} {"bill_id":"104_s1205","text":"SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.\n\n (a) Short Title.--This Act may be cited as the ``Mentor Schools \nAct''.\n (b) Findings.--The Congress finds that--\n (1) while low-income students have made significant gains \n with respect to educational achievement and attainment, \n considerable gaps still persist for these students in \n comparison to those from more affluent socio-economic \n backgrounds;\n (2) our Nation has a compelling interest in assuring that \n all children receive a high quality education;\n (3) new methods and experiments to revitalize the \n educational achievement of, and opportunities for, low-income \n individuals must be a part of any comprehensive solution to the \n problems in our Nation's educational system;\n (4) successful educational alternatives should be widely \n implemented to better the education of low-income individuals;\n (5) preliminary research shows that same gender schools \n produce promising academic and behavioral improvements in both \n sexes for low-income, educationally disadvantaged students;\n (6) extensive data on same gender schools are needed to \n determine whether same gender schools are closely tailored to \n achieving the compelling government interest in assuring that \n all children are educated to the best of their ability;\n (7) in recent years efforts to experiment with same gender \n schools have been inhibited by lawsuits and threats of lawsuits \n by private groups as well as governmental entities; and\n (8) same gender schools are a legal educational alternative \n to coeducational schools and are not prohibited under the \n regulations under title IX of the Education Amendments of 1972 \n (20 U.S.C. 1681 et seq.), as such regulations were in effect on \n the day preceding the date of enactment of this Act, so long \n as--\n (A) comparable courses, services and facilities are \n available to students of each sex; and\n (B) the same policies and criteria for admission to \n such schools are used for both sexes.\n (c) Purposes.--It is the purpose of this Act--\n (1) to award grants to local educational agencies for the \n establishment of same gender schools for low-income students;\n (2) to determine whether same gender schools make a \n difference in the educational achievement and opportunities of \n low-income, educationally disadvantaged individuals;\n (3) to improve academic achievement and persistence in \n school; and\n (4) to involve parents in the educational options and \n choices of their children.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``evaluating agency'' means any academic \n institution, consortium of professionals, or private or \n nonprofit organization, with demonstrated experience in \n conducting evaluations, that is not an agency or \n instrumentality of the Federal Government;\n (2) the term ``mentor school'' means a public elementary \n school or secondary school, or consortium of such schools, \n that--\n (A)(i) in the case of a public elementary school or \n secondary school, receives funds under this Act; or\n (ii) in the case of a consortium of such schools, \n all of which receive funds under this Act;\n (B) develops a plan for, and provides access to--\n (i) a school for boys;\n (ii) a school for girls; and\n (iii) a coeducational school;\n (C) gives parents the option of choosing to send \n their child to each school described in subparagraph \n (B);\n (D) admits students on the basis of a lottery, if \n more students apply for admission to a school described \n in clause (i) or (ii) of subparagraph (B) that can be \n accommodated;\n (E) operates, as part of the educational program of \n a school described in clause (i) or (ii) of \n subparagraph (B), a one-to-one mentoring program that--\n (i) involves members from the community \n served by such school as volunteer mentors;\n (ii) pairs an adult member of such \n community with a student of the same gender as \n such member; and\n (iii) involves the collaboration of one or \n more community groups with experience in \n mentoring or other relationship development \n activities; and\n (F) operates in pursuit of improving achievement \n among all children based on a specific set of \n educational objectives determined by the local \n educational agency applying for a grant under this \n part, in conjunction with the mentor school advisory \n board established under section 3(d), and agreed to by \n the Secretary;\n (3) the term ``mentor school advisory board'' means an \n advisory board established in accordance with section 3(d); and\n (4) the term ``Secretary'' means the Secretary of \n Education.\n\nSEC. 3. PROGRAM AUTHORIZED.\n\n (a) Authority.--\n (1) In general.--From amounts made available under section \n 7, the Secretary is authorized to award grants to not more than \n 100 local educational agencies for the planning and operation \n of one or more mentor schools.\n (2) Eligible local educational agencies.--The Secretary \n shall only award a grant under paragraph (1) to a local \n educational agency that--\n (A) receives funds under section 1124A of the \n Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6334); and\n (B) is among the 20 percent of local educational \n agencies receiving funds under section 1124A (20 U.S.C. \n 6334) of such Act in the State that have the highest \n number of children described in section 1124(c) (20 \n U.S.C. 6333(c)) of such Act.\n (b) Grant Periods.--Each grant under subsection (a) may be awarded \nfor a period of not more than 5 years, of which a local educational \nagency may use not more than 1 year for planning and program \ndevelopment for a mentor school.\n (c) Limitation.--The Secretary shall not award more than 1 grant \nunder this Act to support a particular mentor school.\n (d) Mentor School Advisory Board.--Each local educational agency \nreceiving a grant under this Act shall establish a mentor school \nadvisory board. Such advisory board shall be composed of school \nadministrators, parents, teachers, local government officials and \nvolunteers involved with a mentor school. Such advisory board shall \nassist the local educational agency in developing the application for \nassistance under section 4 and serve as an advisory board in the \nfunctioning of the mentor school.\n (e) Alternative Teaching Certificates.--Each local educational \nagency operating a mentor school under this Act is encouraged to employ \nteachers with alternative teaching certificates, including participants \nin the program assisted under section 1151 of title 10, United States \nCode (Troops to Teachers Program).\n\nSEC. 4. APPLICATIONS.\n\n (a) Applications Required.--Each local educational agency desiring \na grant under this Act shall submit an application to the Secretary at \nsuch time, in such manner and accompanied by such information as the \nSecretary may reasonably require.\n (b) Application Contents.--Each application described in subsection \n(a) shall include--\n (1) a description of the educational program to be \n implemented by the proposed mentor school, including--\n (A) the grade levels or ages of children to be \n served; and\n (B) the curriculum and instructional practices to \n be used;\n (2) a description of the objectives of the local \n educational agency for the mentor school and a description of \n how such agency intends to monitor and study the progress of \n children participating in the mentor school;\n (3) a description of how the local educational agency \n intends to include in the mentor school administrators, \n teaching personnel, and role models from the private sector;\n (4) a description of how school administrators, parents, \n teachers, local government and volunteers will be involved in \n the design and implementation of the mentor school;\n (5) a description of the one-to-one mentoring program \n required by section 2(2)(E);\n (6) a description of how the local educational agency or \n the State, as appropriate, will provide for continued operation \n of the mentor school once the Federal grant has expired, if \n such agency determines that such school is successful;\n (7) a description of how the grant funds will be used;\n (8) a description of how students in attendance at the \n mentor school, or in the community served by such school, will \n be--\n (A) informed about such school; and\n (B) informed about the fact that admission to a \n school described in section 2(2)(B) is completely \n voluntary;\n (9) a description of how grant funds provided under this \n Act will be used in conjunction with funds provided to the \n local educational agency under any other program administered \n by the Secretary;\n (10) an assurance that the local educational agency will \n annually provide the Secretary such information as the \n Secretary may require to determine\n if the mentor school is making satisfactory progress toward \nachieving the objectives described in paragraph (2);\n (11) an assurance that the local educational agency will \n cooperate with the Secretary in evaluating the program \n authorized by this Act;\n (12) an assurance that resources provided under this Act \n shall be used equally for schools for boys and for schools for \n girls;\n (13) an assurance that the activities assisted under this \n Act will not have an adverse affect, on either sex, that is \n caused by--\n (A) the quality of facilities for boys and for \n girls;\n (B) the nature of the curriculum for boys and for \n girls;\n (C) program activities for boys and for girls; and\n (D) instruction for boys and for girls; and\n (14) such other information and assurances as the Secretary \n may require.\n\nSEC. 5. SELECTION OF GRANTEES.\n\n The Secretary shall award grants under this Act on the basis of the \nquality of the applications submitted under section 4, taking into \nconsideration such factors as--\n (1) the quality of the proposed curriculum and \n instructional practices for the mentor school;\n (2) the organizational structure and management of the \n mentor school;\n (3) the quality of the plan for assessing the progress made \n by students served by a mentor school over the period of the \n grant;\n (4) the extent of community support for the application;\n (5) the likelihood that the mentor school will meet the \n objectives of such school and improve educational results for \n students; and\n (6) the assurances submitted pursuant to section 4(b)(13).\n\nSEC. 6. EVALUATION.\n\n (a) In General.--From the amount appropriated under section 7 for \neach fiscal year, the Secretary shall make available to the Comptroller \nGeneral 1 percent of such amount to enable the Comptroller General to \nenter into a contract with an evaluating agency for the evaluation of \nthe mentor schools program under this Act. Such evaluation shall \nmeasure the academic competence and social development of students \nattending mentor schools, including school attendance levels, student \nachievement levels, drop out rates, college admissions, incidences of \nteenage pregnancy, and incidences of incarceration.\n (b) Report.--The evaluating agency entering into the contract \ndescribed in subsection (a) shall submit a report to the Congress not \nlater than September 30, 2002, regarding the results of the evaluation \nconducted in accordance with such subsection.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated \n$300,000,000 for fiscal year 1996 and such sums as may be necessary for \neach of the fiscal years 1997, 1998, 1999, and 2000 to carry out this \nAct.\n (b) Availability.--Funds appropriated under subsection (a) shall \nremain available until expended.","summary":"Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school. Requires each local educational agency receiving such a grant to establish a mentor school advisory board. Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program. Sets forth requirements for: (1) applications, (2) selection of grantees. And (3) non-Federal evaluating agencies' evaluations and reports . Authorizes appropriations.","title":"Mentor Schools Act","text_len":13593,"sum_len":759} {"bill_id":"112_hr3601","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ensuring Quality in the Unemployment \nInsurance Program (EQUIP) Act''.\n\nSEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT.\n\n (a) In General.--Section 303 of the Social Security Act (42 U.S.C. \n503) is amended by adding at the end the following:\n ``(l)(1) For purposes of subsection (a), the State law (as defined \nin section 205 of the Federal-State Extended Unemployment Compensation \nAct of 1970 (26 U.S.C. 3304 note)) of a State shall provide the \nfollowing:\n ``(A) No regular compensation may be paid to an applicant \n for such compensation with respect to a benefit year unless, \n before the receipt of any such compensation--\n ``(i) the applicant has completed a substance abuse \n risk assessment for such benefit year; and\n ``(ii) subject to subparagraph (B), if the State \n determines based on the results of such assessment that \n the applicant is a high-risk applicant, not later than \n 1 week after the results of the assessment are \n determined, the applicant tests negative for controlled \n substances.\n ``(B) If a high-risk applicant tests positive for any \n controlled substance--\n ``(i) if such test result is the first positive \n test result for such applicant in the benefit year--\n ``(I) no regular compensation may be paid \n to such applicant for a period of 30 days \n beginning on the date that such test result is \n determined; and\n ``(II) no regular compensation may be paid \n to such applicant during the remainder of such \n benefit year unless the applicant tests \n negative for controlled substances at the end \n of such period;\n ``(ii) if such test result is not the first \n positive test result for such applicant in the benefit \n year, no regular compensation may be paid to such \n applicant during the remainder of such benefit year.\n ``(C) A high-risk applicant receiving benefits with respect \n to a benefit year shall be subject to testing for controlled \n substances by the State at any time during the benefit year, \n with limited notice provided to the applicant of such testing.\n ``(D) A high-risk applicant who is tested for controlled \n substances under--\n ``(i) subparagraph (A) or (C) shall be responsible \n for the cost of such test if the individual tests \n positive for any such substance; and\n ``(ii) subparagraph (B)(i)(II) shall be responsible \n for the cost of such test.\n ``(2) For purposes of this subsection--\n ``(A) the term `benefit year' means the benefit year as \n defined in the applicable State law;\n ``(B) the term `controlled substance'--\n ``(i) means a drug or other substance selected by \n the State to be included in drug testing under this \n subsection; and\n ``(ii) does not include any drug or other substance \n used by the applicant pursuant to a valid prescription \n or as otherwise authorized by law;\n ``(C) the term `high-risk applicant', with respect to a \n benefit year, means an individual who is determined by the \n State to have a high risk of substance abuse based on the \n results of a substance abuse risk assessment administered under \n paragraph (1)(A)(i); and\n ``(D) the term `substance abuse risk assessment' means a \n screening instrument, approved by the Director of the National \n Institutes of Health, designed to determine whether an \n individual has a high risk of substance abuse.''.\n (b) No Merit Staffing Requirements.--Section 303(a)(1) of the \nSocial Security Act (42 U.S.C. 503(a)(1)) shall not be construed in \nsuch a manner as to apply the merit staffing requirements in section \n900.603 of title 5, Code of Federal Regulations, as in effect on \nOctober 1, 2011, to the implementation of section 303(l) of such Act \n(as amended by subsection (a)).\n (c) Funding for Substance Abuse Testing.--\n (1) Funding from ipab.--Section 1899A(m) of the Social \n Security Act is amended--\n (A) in paragraph (1), in the matter preceding \n subparagraph (A), by striking ``to the Board to carry'' \n and inserting ``for the purposes of carrying out \n section 303(l), and, if any funds remain in the fiscal \n year involved, for the Board for the purpose of \n carrying''; and\n (B) by striking paragraph (2).\n (2) Funding from the co-op program.--Section 1322(g) of the \n Patient Protection and Affordable Care Act is amended by \n striking ``to carry out this section.'' and inserting ``to \n carry out section 303(l) of the Social Security Act, to the \n extent funds are necessary to carry out such section after the \n application of section 1899A(m)(1) of such Act.''.\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendment made by subsection (a) shall take effect on the date \n that is 180 days after the date of the enactment of this Act.\n (2) Delay permitted if legislation pending.--If a State \n applies to the Secretary of Labor to delay implementation of \n the requirements of section 303(l) of the Social Security Act \n (42 U.S.C. 503(l)) on the grounds that legislation to implement \n such requirements is pending in the State legislature on the \n date that is 180 days after the date of the enactment of this \n Act, the Secretary shall not refuse certification for payment \n to the State under section 302 of such Act solely on the basis \n of the failure of the State to implement such requirements \n before such date.","summary":"Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act - Amends title III of the Social Security Act (SSA) to require state unemployment compensation (UC) laws to require, as a condition of UC eligibility for a benefit year, an applicant, before receiving any UC, to: (1) complete a substance abuse risk assessment. And (2) test negative for controlled substances within one week after the results of such assessment if the state determines that the applicant is a high-risk. Prescribes retesting requirements and UC payment suspensions for applicants who test positive. Amends SSA title XVIII (Medicare) and the Patient Protection and Affordable Care Act to provide funding for such substance abuse testing out of current funds appropriated for the Independent Payment Advisory Board (IPAB) and, after application of those funds, for the Consumer Operated and Oriented Plan (CO-OP) program.","title":"To amend title III of the Social Security Act to require a substance abuse risk assessment and targeted drug testing as a condition for the receipt of unemployment benefits, and for other purposes.","text_len":6419,"sum_len":903} {"bill_id":"115_hr4391","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Human Rights by Ending \nIsraeli Military Detention of Palestinian Children Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Israel ratified the Convention on the Rights of the \n Child on October 3, 1991, which states--\n (A) in article 37(a), that ``no child shall be \n subject to torture or other cruel, inhuman or degrading \n treatment or punishment'';\n (B) in article 37(b), that the arrest, detention or \n imprisonment of a child ``shall be used only as a \n measure of last resort and for the shortest appropriate \n period of time'';\n (C) in article 37(c), that ``every child deprived \n of liberty shall be treated with humanity and respect \n for the inherent dignity of the human person, and in a \n manner which takes into account the needs of persons of \n his or her age''; and\n (D) in article 37(d), that ``[e]very child deprived \n of his or her liberty shall have the right to prompt \n access to legal and other appropriate assistance, as \n well as the right to challenge the legality of the \n deprivation of his or her liberty before a court or \n other competent, independent and impartial authority, \n and to a prompt decision on any such action''.\n (2) In the Israeli-occupied West Bank, there are two \n separate legal systems, with Israeli military law imposed on \n Palestinians and Israeli civilian law applied to Israeli \n settlers.\n (3) The Israeli military detains around 500 to 700 \n Palestinian children between the ages of 12 and 17 each year \n and prosecutes them before a military court system that lacks \n basic and fundamental guarantees of due process in violation of \n international standards.\n (4) Approximately 2,700,000 Palestinians live in the West \n Bank, of which around 47 percent are children under the age of \n 18, who live under military occupation, the constant fear of \n arrest, detention, and violence by the Israeli military, and \n the threat of recruitment by armed groups.\n (5) Since 2000, an estimated 10,000 Palestinian children \n have been detained by Israeli security forces in the West Bank \n and prosecuted in the Israeli military court system.\n (6) Children under the age of 12 cannot be prosecuted in \n Israeli military courts. However, Israeli military forces \n detain children under the age of 12 and question them, for \n several hours, before releasing them to their families or to \n Palestinian authorities.\n (7) Human Rights Watch documented, in a July 2015 report \n titled ``Israel: Security Forces Abuse Palestinian Children'', \n that such detentions also included the use of chokeholds, \n beatings, and coercive interrogation on children between the \n ages of 11 and 15 years.\n (8) The United Nations Children's Fund (UNICEF) concluded, \n in a February 2013 report titled ``Children in Israeli Military \n Detention'', that the ``ill-treatment of children who come in \n contact with the military detention system appears to be \n widespread, systematic and institutionalized throughout the \n process, from the moment of arrest until the child's \n prosecution and eventual conviction and sentencing''.\n (9) The 2013 UNICEF report further determines that the \n Israeli system of military detention of Palestinian children \n profoundly deviates from international norms, stating that ``in \n no other country are children systematically tried by juvenile \n military courts that, by definition, fall short of providing \n the necessary guarantees to ensure respect for their rights''.\n (10) UNICEF also released reports in October 2013 and \n February 2015 noting that Israeli authorities have, since March \n 2013, issued new military orders and taken steps to reinforce \n existing military and police standard operating procedures \n relating to the detention of Palestinian children. However, the \n reports still found continued and persistent evidence of ill-\n treatment of Palestinian children detained by Israeli forces.\n (11) In 2013, the annual Country Report on Human Rights \n Practices for Israel and the Occupied Territories (``Annual \n Report'') published by the Department of State noted that \n Israeli security services continued to abuse, and in some cases \n torture minors, frequently arrested on suspicion of stone-\n throwing, in order to coerce confessions. The torture tactics \n used included threats, intimidation, long-term handcuffing, \n beatings, and solitary confinement.\n (12) The 2013 Annual Report also stated that ``signed \n confessions by Palestinian minors, written in Hebrew, a \n language most could not read, continued to be used as evidence \n against them in Israeli military courts''.\n (13) The 2016 Annual Report noted a ``significant increase \n in detentions of minors'' in 2016, and that ``Israeli \n authorities continued to use confessions signed by Palestinian \n minors, written in Hebrew.'' It also highlighted the renewed \n use of ``administrative detention'' against Palestinians, \n including children, a practice in which a detainee may be held \n indefinitely, without charge or trial, by the order of a \n military commander or other government official.\n (14) The nongovernmental organization Defense for Children \n International Palestine collected affidavits from 429 West Bank \n children who were detained between 2012 and 2015, and concluded \n that--\n (A) three-quarters of the children endured physical \n violence following arrest;\n (B) under Israeli military law, children do not \n have the right to a lawyer during interrogation;\n (C) 97 percent of the children did not have a \n parent present during their interrogation;\n (D) 84 percent of the children were not properly \n informed of their rights by Israeli police;\n (E) interrogators used stress positions, threats of \n violence, and isolation to coerce confessions from \n detained children; and\n (F) 66 children were held in pre-trial, pre-charge \n isolation for interrogation purposes for an average \n period of 13 days.\n (15) Amendments to Israeli military law concerning the \n detention of Palestinian children have had little to no impact \n on the treatment of children during the first 24 to 48 hours \n after an arrest, when the majority of their ill-treatment \n occurs.\n (16) In 2002, the United Nations Committee on the Rights of \n the Child, which monitors implementation of the Convention on \n the Rights of the Child, reviewed Israel's compliance with the \n Convention and expressed serious concern regarding \n ``allegations and complaints of inhuman or degrading practices \n and of torture and ill-treatment of Palestinian children'' \n during arrest, interrogation, and detention.\n (17) In 2013, the Committee declared that Palestinian \n children arrested by Israeli forces ``continue to be \n systematically subject to degrading treatment, and often to \n acts of torture'' and that Israel had ``fully disregarded'' the \n previous recommendations of the Committee to comply with \n international law.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to promote and protect the human rights \nof Palestinian children and to ensure that United States taxpayer funds \nshall not be used to support the military detention of Palestinian \nchildren.\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that the detention and prosecution of \nPalestinian children in a military court system by the Government of \nIsrael--\n (1) violates international law and internationally \n recognized standards of human rights;\n (2) is contrary to the values of the American people and \n the efforts of the United States to support equality, human \n rights, and dignity for both Palestinians and Israelis;\n (3) undermines efforts by the United States to achieve a \n just and lasting peace between Israel and the Palestinians; and\n (4) should be terminated and replaced with a juvenile \n justice system in which Israeli authorities do not discriminate \n between the treatment of Israeli and Palestinian children and \n that adheres to internationally recognized standards of human \n rights and obligations.\n\nSEC. 5. STATEMENT OF POLICY.\n\n It is the policy of the United States not to support the military \ndetention of Palestinian children, a practice that results in \nwidespread and systematic human rights violations against Palestinian \nchild detainees and is inconsistent with the values of the United \nStates.\n\nSEC. 6. PROHIBITION ON UNITED STATES FUNDS TO SUPPORT MILITARY \n DETENTION OF PALESTINIAN CHILDREN.\n\n (a) Prohibition.--Notwithstanding any other provision of law, none \nof the funds authorized to be appropriated for assistance to Israel may \nbe used to support the military detention, interrogation, abuse, or \nill-treatment of Palestinian children in violation of international \nhumanitarian law or to support the use against Palestinian children of \nany of the following practices:\n (1) Torture or cruel, inhumane, or degrading treatment.\n (2) Physical violence, including restraint in stress \n positions.\n (3) Hooding, sensory deprivation, death threats, or other \n forms of psychological abuse.\n (4) Incommunicado detention or solitary confinement.\n (5) Administrative detention, as described in section \n 2(13).\n (6) Denial of access to parents or legal counsel during \n interrogations.\n (7) Confessions obtained by force or coercion.\n (b) Certification.--Not later than October 15, 2018, and annually \nthereafter, the Secretary of State shall submit to the Committee on \nAppropriations of the House of Representatives and the Committee on \nAppropriations of the Senate--\n (1) a certification that none of the funds obligated or \n expended in the previous fiscal year for assistance to the \n Government of Israel have been used by such Government to \n support personnel, training, lethal materials, equipment, \n facilities, logistics, transportation or any other activity \n that supports or is associated with any of the activities \n prohibited under subsection (a); or\n (2) if the Secretary cannot make such a certification, a \n report describing in detail the amount of such funds used by \n the Government of Israel in violation of subsection (a) and \n each activity supported by such funds.\n (c) Additional Matter in Existing Reports.--The Secretary of State \nshall include, in each report required under section 116 of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151n), a description of the nature \nand extent of detention, interrogation, abuse, or ill-treatment of \nPalestinian children by Israeli military forces or police in violation \nof international humanitarian law.","summary":"Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act This bill prohibits US assistance to Israel from being used to support the military detention, interrogation, or ill-treatment of Palestinian children in violation of international humanitarian law or the use against Palestinian children of: (1) torture, inhumane, or degrading treatment, (2) physical violence or psychological abuse, (3) incommunicado or administrative detention, (4) solitary confinement, (5) denial of parental or legal access during interrogations. Or (6) force or coercion to obtain a confession. The Department of State shall annually submit to Congress: (1) a certification that none of the funds obligated or expended in the previous fiscal year for assistance to Israel have been used to support any of such activities. Or (2) if the State Department cannot make such certification, a report describing each activity and the amount of funds used by Israel in violation of this bill. The State Department shall include in each annual report on the barring of development assistance to a country that engages in human rights violations a description of the nature and extent of detention, interrogation, or ill-treatment of Palestinian children by Israeli military forces or police in violation of international humanitarian law.","title":"Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act","text_len":12088,"sum_len":1341} {"bill_id":"115_hr2748","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Save Our Seas Act of 2017'' or the \n``SOS Act of 2017''.\n\nSEC. 2. NOAA MARINE DEBRIS PROGRAM.\n\n Subsection (b) of section 3 of the Marine Debris Act (33 U.S.C. \n1952(b)) is amended--\n (1) in paragraph (4), by striking ``and'' at the end;\n (2) in paragraph (5)(C), by striking the period at the end \n and inserting a semicolon; and\n (3) by adding at the end the following:\n ``(6) work with other Federal agencies to develop outreach \n and education strategies to address both land- and sea-based \n sources of marine debris; and\n ``(7) work with the Department of State and other Federal \n agencies to promote international action to reduce the \n incidence of marine debris.''.\n\nSEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS.\n\n Section 3 of the Marine Debris Act (33 U.S.C. 1952) is amended by \nadding at the end the following new subsection:\n ``(d) Assistance for Severe Marine Debris Events.--\n ``(1) In general.--At the discretion of the Administrator \n or at the request of the Governor of an affected State, the \n Administrator shall determine whether there is a severe marine \n debris event.\n ``(2) Assistance.--\n ``(A) In general.--If the Administrator makes a \n determination under paragraph (1) that there is a \n severe marine debris event, the Administrator is \n authorized to make sums available to be used by the \n affected State or by the Administrator in cooperation \n with the affected State--\n ``(i) to assist in the cleanup and response \n required by the severe marine debris event; or\n ``(ii) such other activity as the \n Administrator determines is appropriate in \n response to the severe marine debris event.\n ``(B) Priority assistance.--In providing assistance \n under this paragraph, the Administrator shall \n prioritize assistance for activities to respond to a \n severe marine debris event--\n ``(i) in a rural or remote community; or\n ``(ii) in a habitat of national concern.\n ``(3) Funding.--\n ``(A) Federal share.--The Federal share of the cost \n of an activity carried out under the authority of this \n subsection shall be--\n ``(i) if the activity is funded wholly by \n funds made available by an entity, including \n the government of a foreign country, to the \n Federal Government for the purpose of \n responding to a severe marine debris event, 100 \n percent of the cost of the activity; or\n ``(ii) for any activity other than an \n activity funded as described in clause (i), 75 \n percent of the cost of the activity.\n ``(B) Limitation on administrative expenses.--In \n the case of an activity funded as described in \n subparagraph (A)(i), not more than 5 percent of the \n funds made available for the activity may be used by \n the Administrator for administrative expenses.''.\n\nSEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO RESPOND TO \n MARINE DEBRIS.\n\n It is the sense of Congress that the President should--\n (1) support Federal funding for research and development of \n bio-based and other alternatives or environmentally feasible \n improvements to materials that reduce municipal solid waste and \n its consequences in the ocean;\n (2) work with representatives of foreign countries that \n contribute the most to the global marine debris problem to \n learn about, and find solutions to, the contributions of such \n countries to marine debris in the world's oceans;\n (3) carry out studies to determine--\n (A) the primary means by which solid waste enters \n the oceans;\n (B) the manner in which waste management \n infrastructure can be most effective in preventing \n debris from reaching the oceans;\n (C) the long-term economic impacts of marine debris \n on the national economies of each country set out in \n paragraph (1) and on the global economy; and\n (D) the economic benefits of decreasing the amount \n of marine debris in the oceans;\n (4) work with representatives of foreign countries that \n contribute the most to the global marine debris problem, \n including land-based sources, to conclude one or more new \n international agreements that include provisions--\n (A) to mitigate the risk of land-based marine \n debris contributed by such countries reaching an ocean; \n and\n (B) to increase technical assistance and investment \n in waste management infrastructure, if the President \n determines appropriate; and\n (5) encourage the United States Trade Representative to \n consider the impact of marine debris in relevant future trade \n agreements.\n\nSEC. 5. MEMBERSHIP OF THE INTERAGENCY MARINE DEBRIS COORDINATING \n COMMITTEE.\n\n Section 5(b) of the Marine Debris Act (33 U.S.C. 1954(b)) is \namended--\n (1) in paragraph (4), by striking ``; and'' and inserting a \n semicolon;\n (2) by redesignating paragraph (5) as paragraph (7); and\n (3) by inserting after paragraph (4) the following:\n ``(5) the Department of State;\n ``(6) the Department of the Interior; and''.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 9 of the Marine Debris Act (33 U.S.C. 1958) is amended to \nread as follows:\n\n``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated for each fiscal year 2018 \nthrough 2022--\n ``(1) to the Administrator for carrying out sections 3, 5, \n and 6, $10,000,000, of which no more than 10 percent may be for \n administrative costs; and\n ``(2) to the Secretary of the Department in which the Coast \n Guard is operating, for the use of the Commandant of the Coast \n Guard in carrying out section 4, $2,000,000, of which no more \n than 10 percent may be used for administrative costs.''.","summary":"Save Our Seas Act of 2017 or the SOS Act of 2017 This bill amends the Marine Debris Act to revise the Marine Debris Program to require the National Oceanic and Atmospheric Administration (NOAA) to work with: (1) other agencies to address both land- and sea-based sources of marine debris, and (2) the Department of State and other agencies to promote international action to reduce the incidence of marine debris. The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events. NOAA must prioritize assistance for activities that respond to a severe marine debris event in: (1) a rural or remote community, or (2) a habitat of national concern. The bill urges the President to: (1) work with foreign countries that contribute the most to the global marine debris problem in order to find a solution to the problem. (2) study issues related to marine debris, including the economic impacts of marine debris. And (3) encourage the Office of the US Trade Representative to consider the impact of marine debris in relevant future trade agreements. The Interagency Marine Debris Coordinating Committee must expand to include a senior official from the State Department or from the Department of the Interior. This bill reauthorizes for FY2018-FY2022: (1) the Marine Debris Program, (2) an information clearinghouse on marine debris, and (3) enforcement of laws about discarded marine debris from ships.","title":"Save Our Seas Act of 2017","text_len":6918,"sum_len":1490} {"bill_id":"107_hr44","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Inspector General Act Amendments of \n2001''.\n\nSEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.\n\n Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is \namended by adding at the end the following:\n ``(e) An Inspector General (as defined under section 8G(a)(6) or \n11(3)) may not receive any cash award or cash bonus, including any cash \naward under chapter 45 of title 5, United States Code.''.\n\nSEC. 3. EXTERNAL REVIEWS.\n\n (a) In General.--Section 4 of the Inspector General Act of 1978 (5 \nU.S.C. App.) is amended by adding at the end the following:\n ``(e)(1)(A) Not less than every 3 years an external review shall be \nconducted of each Office (as defined under section 8G(a)(5) or 11(4)).\n ``(B) The Inspector General of each Office as defined under section \n8G(a)(5) or 11(4) shall arrange with the General Accounting Office or \nan appropriate private entity for the conduct of the review.\n ``(C) If an Inspector General contracts with a private entity for a \nreview under this subsection, the private entity shall be contracted in \naccordance with section 303 of the Federal Property and Administrative \nServices Act of 1949 (41 U.S.C. 253).\n ``(2) At a minimum, an external review under this subsection shall \nevaluate whether the Office properly manages and controls--\n ``(A) contracts awarded by the Office, including a \n determination of whether--\n ``(i) procedures used to procure contracts are in \n accordance with applicable laws and regulations; and\n ``(ii) costs incurred are reasonable and allowable \n under the terms of each contract;\n ``(B) appropriated funds, including a determination of \n whether training and travel funds are expended in accordance \n with applicable laws and regulations; and\n ``(C) personnel actions, including a determination of \n whether hiring and promotion practices used and performance \n awards issued are in accordance with applicable laws and \n regulations.\n ``(3) Not later than 30 calendar days after the completion of an \nexternal review, a report of the results shall be submitted to the head \nof the establishment and simultaneously to the appropriate committees \nor subcommittees of the Congress.''.\n (b) Technical and Conforming Amendment.--The section heading for \nsection 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is \namended to read as follows:\n\n ``duties and responsibilities; report of criminal violations to \n attorney general; external reviews''.\n\nSEC. 4. ANNUAL REPORTS.\n\n (a) In General.--Section 5(a) of the Inspector General Act of 1978 \n(5 U.S.C. App.) is amended--\n (1) by striking the first sentence and inserting ``Each \n Inspector General shall, not later than October 31 of each \n year, prepare an annual report summarizing the activities and \n accomplishments of the Office during the immediately preceding \n 12-month period ending September 30.'';\n (2) by striking paragraphs (1) through (12) and inserting \n the following:\n ``(1) a summary of the program areas within the \n establishment identified by the Inspector General as high risk \n because of vulnerabilities to waste, fraud, abuse, and \n mismanagement;\n ``(2) a description of the most significant audits, \n investigations (administrative, civil, and criminal), and \n evaluations and inspections completed during the reporting \n period;\n ``(3) a summary of each report made to the head of the \n establishment under section 6(b)(2) during the reporting \n period;\n ``(4) a table showing--\n ``(A)(i) the total number of final audit reports \n issued by the Office of Inspector General; and\n ``(ii) the financial benefits associated with the \n reports segregated by category, such as budget \n reductions, costs avoided, questioned costs, and \n revenue enhancements; and\n ``(B) corrective actions taken and program \n improvements made during the reporting period in \n response to either an Office of Inspector General audit \n finding or recommendation (excluding any recommendation \n included under subparagraph (A) with respect to such \n corrective actions);\n ``(5) a table showing--\n ``(A) the judicial and administrative actions \n associated with investigations conducted by the Office \n of Inspector General;\n ``(B) the number of--\n ``(i) cases referred for criminal \n prosecution, civil remedies, or administrative \n actions;\n ``(ii) cases presented but declined for \n prosecution, segregated by criminal and civil;\n ``(iii) cases accepted for prosecution \n (both Federal and State), segregated by \n criminal and civil;\n ``(iv) defendants indicted;\n ``(v) defendants convicted;\n ``(vi) defendants acquitted or charges \n dismissed after indictment;\n ``(vii) defendants sentenced to terms of \n imprisonment;\n ``(viii) defendants sentenced to terms of \n probation; and\n ``(ix) suspensions, disbarments, \n exclusions, sanctions, or some other similar \n administrative action; and\n ``(C) the total amount of fines, restitutions, and \n recoveries;\n ``(6) a description of the organization and management \n structure of the Office of Inspector General, including--\n ``(A) an organization chart showing the major \n components of the Office;\n ``(B) a statistical table showing the number of \n authorized full-time equivalent positions segregated by \n component and by headquarters and field office; and\n ``(C) the amount of funding received in prior and \n current fiscal years;\n ``(7) a table showing--\n ``(A) the number of contracts, and associated \n dollar value, awarded on a noncompetitive basis by the \n Office of Inspector General; and\n ``(B) with respect to any individual contract \n valued over $100,000, awarded on a noncompetitive \n basis--\n ``(i) the name of the contractor;\n ``(ii) statement of work;\n ``(iii) the time period of the contract; \n and\n ``(iv) the dollar amount of the contract;\n ``(8)(A) a summary of each audit report issued in previous \n reporting periods for which no management decision has been \n made by the end of the reporting period (including the date and \n title of each such report);\n ``(B) an explanation of the reasons such management \n decision has not been made; and\n ``(C) a statement concerning the desired timetable for \n achieving a management decision on each such report;'';\n (3) by redesignating paragraph (13) as paragraph (9);\n (4) in paragraph (9) (as redesignated by paragraph (3) of \n this subsection)--\n (A) by striking ``section 05(b)'' and inserting \n ``section 804(b)''; and\n (B) by striking the period and inserting ``; and''; \n and\n (5) by adding at the end the following new paragraph:\n ``(10) any other information that the Inspector General \n determines appropriate to include in the annual report.''.\n (b) Semiannual Reports.--Section 5 of the Inspector General Act of \n1978 (5 U.S.C. App.) is amended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following:\n ``(f)(1) Subject to paragraph (4), in addition to any annual report \nrequired to be furnished and transmitted under subsection (b), an \nInspector General shall prepare and submit a report described under \nparagraph (2) to--\n ``(A) the applicable congressional committee, if the \n chairman or ranking member of a congressional committee with \n appropriate jurisdiction submits a written request to such \n Inspector General; or\n ``(B) to the Comptroller General of the United States if \n the Comptroller General submits a written request to such \n Inspector General.\n ``(2) A report referred to under paragraph (1) shall--\n ``(A) contain the information required for an annual report \n under subsection (a); and\n ``(B) summarize the activities of the Office during the 6-\n month period ending on March 31 of the calendar year following \n the date on which the request is made.\n ``(3) A report under this subsection shall be submitted on April 30 \nof the calendar year following the date on which the request is made.\n ``(4) An Inspector General shall not be required to submit a report \nunder this subsection if the written request for such report is \nsubmitted to the Inspector General after November 30 of the calendar \nyear preceding the date on which the report is otherwise required to be \nsubmitted to a congressional committee or the Comptroller General.''.\n (c) Submission of Other Reports.--Nothing in the amendments made by \nthis section shall be construed to limit an Inspector General from \nsubmitting any report containing in whole or part information required \nin an annual or semiannual report furnished and transmitted under \nsection 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the \nCongress more frequently than on an annual or semiannual basis.\n (d) Technical and Conforming Amendments.--\n (1) Section 4(a)(2) of the Inspector General Act of 1978 (5 \n U.S.C. App.) is amended by striking ``semiannual'' and \n inserting ``annual''.\n (2) Section 5 of the Inspector General Act of 1978 (5 \n U.S.C. App.) is amended--\n (A) in subsection (b)--\n (i) by striking ``Semiannual'' and \n inserting ``Annual''; and\n (ii) by striking ``April 30 and''; and\n (B) in subsection (c)--\n (i) in the first sentence by striking \n ``semiannual'' and inserting ``annual''; and\n (ii) in the second sentence by striking \n ``semiannual'' and inserting ``annual''.\n (3) Section 8(f) of the Inspector General Act of 1978 (5 \n U.S.C. App.) is amended by striking ``semiannual'' and \n inserting ``annual''.\n\nSEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.\n\n (a) Level IV Positions.--Section 5315 of title 5, United States \nCode, is amended by striking each item relating to the following \npositions:\n (1) Inspector General, Department of Education.\n (2) Inspector General, Department of Energy.\n (3) Inspector General, Department of Health and Human \n Services.\n (4) Inspector General, Department of Agriculture.\n (5) Inspector General, Department of Housing and Urban \n Development.\n (6) Inspector General, Department of Labor.\n (7) Inspector General, Department of Transportation.\n (8) Inspector General, Department of Veterans Affairs.\n (9) Inspector General, Department of Defense.\n (10) Inspector General, United States Information Agency.\n (11) Inspector General, Department of State.\n (12) Inspector General, Department of Commerce.\n (13) Inspector General, Department of the Interior.\n (14) Inspector General, Department of Justice.\n (15) Inspector General, Department of the Treasury.\n (16) Inspector General, Agency for International \n Development.\n (17) Inspector General, Environmental Protection Agency.\n (18) Inspector General, Federal Emergency Management \n Agency.\n (19) Inspector General, General Services Administration.\n (20) Inspector General, National Aeronautics and Space \n Administration.\n (21) Inspector General, Nuclear Regulatory Commission.\n (22) Inspector General, Office of Personnel Management.\n (23) Inspector General, Railroad Retirement Board.\n (24) Inspector General, Small Business Administration.\n (25) Inspector General, Federal Deposit Insurance \n Corporation.\n (26) Inspector General, Resolution Trust Corporation.\n (27) Inspector General, Central Intelligence Agency.\n (28) Inspector General, Social Security Administration.\n (29) Inspector General, United States Postal Service.\n (b) Level III Positions.--Section 5314 of title 5, United States \nCode, is amended by adding at the end the following:\n ``Inspector General, Department of Education.\n ``Inspector General, Department of Energy.\n ``Inspector General, Department of Health and Human \n Services.\n ``Inspector General, Department of Agriculture.\n ``Inspector General, Department of Housing and Urban \n Development.\n ``Inspector General, Department of Labor.\n ``Inspector General, Department of Transportation.\n ``Inspector General, Department of Veterans Affairs.\n ``Inspector General, Department of Defense.\n ``Inspector General, Department of State.\n ``Inspector General, Department of Commerce.\n ``Inspector General, Department of the Interior.\n ``Inspector General, Department of Justice.\n ``Inspector General, Department of the Treasury.\n ``Inspector General, Agency for International Development.\n ``Inspector General, Corporation for Community and National \n Service.\n ``Inspector General, Environmental Protection Agency.\n ``Inspector General, Federal Emergency Management Agency.\n ``Inspector General, General Services Administration.\n ``Inspector General, National Aeronautics and Space \n Administration.\n ``Inspector General, Nuclear Regulatory Commission.\n ``Inspector General, Office of Personnel Management.\n ``Inspector General, Railroad Retirement Board.\n ``Inspector General, Small Business Administration.\n ``Inspector General, Federal Deposit Insurance Corporation.\n ``Inspector General, Central Intelligence Agency.\n ``Inspector General, Social Security Administration.\n ``Inspector General, United States Postal Service.''.\n (c) Savings Provision.--Nothing in this section shall have the \neffect of reducing the rate of pay of any individual serving as an \nInspector General on the effective date of this section.\n\nSEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES.\n\n (a) Study.--The Comptroller General of the United States shall--\n (1) develop criteria for determining whether the \n consolidation of Federal Inspector General offices would be \n cost-efficient and in the public interest; and\n (2) conduct a study of Federal Inspector General offices \n using the criteria developed under paragraph (1) to determine \n whether any such offices should be consolidated.\n (b) Report to Congress.--Not later than 180 days after the date of \nenactment of this Act, the Comptroller General shall submit a report to \nthe Congress containing recommendations for any legislative action, \nbased on the study conducted under subsection (a).","summary":"Inspector General Act Amendments of 2001 - Amends the Inspector General Act of 1978 to prohibit the receipt of any cash award or cash bonus by an Inspector General. Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity. Changes the semiannual Office activities report to an annual report. Revises required elements of such reports. Sets forth new semiannual Office activities reporting requirements. Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule. Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest. (2) study the offices using such criteria to determine whether any should be consolidated. And (3) report to Congress recommendations for legislative action based on the study.","title":"To amend the Inspector General Act of 1978 to increase the efficiency and accountability of Offices of Inspector General within Federal departments, and for other purposes.","text_len":16655,"sum_len":1008} {"bill_id":"114_s2013","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Los Angeles Homeless Veterans \nLeasing Act of 2015''.\n\nSEC. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF \n VETERANS AFFAIRS WEST LOS ANGELES CAMPUS.\n\n (a) In General.--The Secretary of Veterans Affairs may carry out \nleases described in subsection (b) at the Department of Veterans \nAffairs West Los Angeles Campus in Los Angeles, California.\n (b) Leases Described.--Leases described in this subsection are the \nfollowing:\n (1) An enhanced-use lease of real property under subchapter \n V of chapter 81 of title 38, United States Code, for purposes \n of providing supportive housing, as that term is defined in \n section 8161(3) of such title.\n (2) A lease of real property for a term not to exceed 50 \n years to a third party to provide services that principally \n benefit veterans and their families and that are limited to one \n or more of the following purposes:\n (A) The promotion of health and wellness, including \n nutrition and spiritual wellness.\n (B) Education.\n (C) Vocational training, skills building, or other \n training related to employment.\n (D) Peer activities, socialization, or physical \n recreation.\n (E) Assistance with legal issues and Federal \n benefits.\n (F) Volunteerism.\n (G) Family support services, including child care.\n (H) Transportation.\n (I) Services in support of one or more of the \n purposes specified in subparagraphs (A) through (H).\n (3) A lease of real property for a term not to exceed 10 \n years to an institution of the State of California that has had \n a medical affiliation with the Department at the campus \n specified in subsection (a) for more than 20 years, if--\n (A) the lease is consistent with the master plan \n described in subsection (e);\n (B) the provision of services to veterans is the \n predominant focus of the activities of the institution \n at the campus during the term of the lease; and\n (C) the institution expressly agrees to provide, \n during the term of the lease and to an extent and in a \n manner that the Secretary considers appropriate, \n services and support that--\n (i) principally benefit veterans and their \n families, including veterans that are severely \n disabled, women, aging, or homeless; and\n (ii) may consist of activities relating to \n the medical, clinical, therapeutic, dietary, \n rehabilitative, legal, mental, spiritual, \n physical, recreational, research, and \n counseling needs of veterans and their families \n or any of the purposes specified in any of \n subparagraphs (A) through (I) of paragraph (2).\n (c) Limitation on Land-Sharing Agreements.--The Secretary may not \ncarry out any land-sharing agreement pursuant to section 8153 of title \n38, United States Code, at the campus specified in subsection (a) \nunless such agreement--\n (1) provides additional health care resources to the \n campus; and\n (2) benefits veterans and their families other than from \n the generation of revenue for the Department of Veterans \n Affairs.\n (d) Prohibition on Sale of Property.--Notwithstanding section 8164 \nof title 38, United States Code, the Secretary may not sell or \notherwise convey to a third party fee simple title to any real property \nor improvements to real property made at the campus specified in \nsubsection (a).\n (e) Consistency With Master Plan.--The Secretary shall ensure that \neach lease carried out under this section is consistent with the new \nmaster plan under development as of the date of the enactment of this \nAct that will detail how the campus specified in subsection (a) will be \nused to benefit all veterans.\n (f) Compliance With Certain Laws.--\n (1) Laws relating to leases and land use.--If the Inspector \n General of the Department of Veterans Affairs determines, as \n part of an audit report or evaluation conducted by the \n Inspector General, that the Department is not in compliance \n with all Federal laws relating to leases and land use at the \n campus specified in subsection (a), or that significant \n mismanagement has occurred with respect to leases or land use \n at the campus, the Secretary may not enter into any lease or \n land-sharing agreement at the campus, or renew any such lease \n or land-sharing agreement that is not in compliance with such \n laws, until the Secretary certifies to the Committee on \n Veterans' Affairs of the Senate, the Committee on Veterans' \n Affairs of the House of Representatives, and each Member of the \n Senate and the House of Representatives who represents the area \n in which the campus is located that all recommendations \n included in the audit report or evaluation have been \n implemented.\n (2) Compliance of particular leases.--No lease may be \n entered into or renewed under this section unless the lease \n complies with chapter 33 of title 41, United States Code, and \n all Federal laws relating to environmental and historic \n preservation.\n (g) Notification and Reports.--\n (1) Congressional notification.--With respect to each lease \n or land-sharing agreement intended to be entered into or \n renewed at the campus specified in subsection (a), the \n Secretary shall notify the Committee on Veterans' Affairs of \n the Senate, the Committee on Veterans' Affairs of the House of \n Representatives, and each Member of the Senate and the House of \n Representatives who represents the area in which the campus is \n located of the intent of the Secretary to enter into or renew \n the lease or land-sharing agreement not later than 45 days \n before entering into or renewing the lease or land-sharing \n agreement.\n (2) Annual report.--Not later than one year after the date \n of the enactment of this Act, and not less frequently than \n annually thereafter, the Secretary shall submit to the \n Committee on Veterans' Affairs of the Senate, the Committee on \n Veterans' Affairs of the House of Representatives, and each \n Member of the Senate and the House of Representatives who \n represents the area in which the campus specified in subsection \n (a) is located an annual report evaluating all leases and land-\n sharing agreements carried out at the campus.\n (3) Inspector general report.--\n (A) In general.--Not later than each of two years \n and five years after the date of the enactment of this \n Act, and as determined necessary by the Inspector \n General of the Department of Veterans Affairs \n thereafter, the Inspector General shall submit to the \n Committee on Veterans' Affairs of the Senate, the \n Committee on Veterans' Affairs of the House of \n Representatives, and each Member of the Senate and the \n House of Representatives who represents the area in \n which the campus specified in subsection (a) is located \n a report on all leases carried out at the campus and \n the management by the Department of the use of land at \n the campus, including an assessment of the efforts of \n the Department to implement the master plan described \n in subsection (e) with respect to the campus.\n (B) Consideration of annual report.--In preparing \n each report required by subparagraph (A), the Inspector \n General shall take into account the most recent report \n submitted to Congress by the Secretary under paragraph \n (2).\n (h) Rule of Construction.--Nothing in this section shall be \nconstrued as a limitation on the authority of the Secretary to enter \ninto other agreements regarding the campus specified in subsection (a) \nthat are authorized by law and not inconsistent with this section.\n (i) Principally Benefit Veterans and Their Families Defined.--In \nthis section the term ``principally benefit veterans and their \nfamilies'', with respect to services provided by a person under a lease \nof property, land-sharing agreement, or revocable license agreement--\n (1) means services--\n (A) provided exclusively to veterans and their \n families; or\n (B) that are designed for the particular needs of \n veterans and their families, as opposed to the general \n public, and any benefit of those services to the \n general public is ancillary to the intended benefit to \n veterans and their families; and\n (2) excludes services in which the only benefit to veterans \n and their families is the generation of revenue for the \n Department of Veterans Affairs.\n (j) Conforming Amendments.--\n (1) Prohibition on disposal of property.--Section 224(a) of \n the Military Construction and Veterans Affairs and Related \n Agencies Appropriations Act, 2008 (Public Law 110-161; 121 \n Stat. 2272) is amended by striking ``The Secretary of Veterans \n Affairs'' and inserting ``Except as authorized under section 2 \n of the Los Angeles Homeless Veterans Leasing Act of 2015, the \n Secretary of Veterans Affairs''.\n (2) Enhanced-use leases.--Section 8162(c) of title 38, \n United States Code, is amended by inserting ``, other than an \n enhanced-use lease under section 2 of the Los Angeles Homeless \n Veterans Leasing Act of 2015,'' before ``shall be considered''.","summary":"Los Angeles Homeless Veterans Leasing Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to carry out certain leases at the VA's West Los Angeles Campus in Los Angeles, California, for: (1) supportive housing. (2) health, education, family support, vocational training, and other services that principally benefit veterans and their families. And (3) a lease of real property to a California institution that has had a long-term medical affiliation with the VA at such Campus.","title":"Los Angeles Homeless Veterans Leasing Act of 2015","text_len":10575,"sum_len":498} {"bill_id":"103_hr306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Individual Social Security \nRetirement Account Act of 1993''.\n\nSEC. 2. REDUCTION OF SOCIAL SECURITY TAXES.\n\n (a) Tax on Employees.--Subsection (a) of section 3101 of the \nInternal Revenue Code of 1986 (relating to OASDI tax on employees) is \namended by striking the table and inserting the following:\n\n``In cases of wages\n The rate\n received during:\n shall be:\n 1993 or 1994......................... 6.2 percent\n 1995 or thereafter................... 5.2 percent.''\n (b) Tax on Employers.--Subsection (a) of section 3111 of such Code \n(relating to OASDI tax on employers) is amended by striking the table \nand inserting the following:\n\n``In cases of wages\n The rate\n paid during:\n shall be:\n 1993 or 1994......................... 6.2 percent\n 1995 or thereafter................... 5.2 percent.''\n (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such \nCode of (relating to OASDI tax on self-employment income) is amended by \nstriking the table and inserting the following:\n\n \n\n \n ``In the case of a taxable year: \n \n Beginning after: And before: Percent: \n \n December 31, 1992...... January 1, 1995........ 12.4\u001a\u001a \n December 31, 1994...... ....................... 10.4.'' \n \n\n (d) Effective Date.--The amendments made by this section shall \napply with respect to remuneration paid after December 31, 1994, and \nwith respect to earnings from self-employment attributable to taxable \nyears beginning after such date.\n\nSEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL \n SECURITY PAYROLL DEDUCTION PLANS.\n\n (a) In General.--Title II of the Social Security Act is amended--\n (1) by inserting before section 201 the following:\n\n ``Part A--Insurance Benefits'';\n\n and\n (2) by adding at the end the following new part:\n\n ``Part B--Individual Retirement Program\n\n ``social security payroll deduction plans\n\n ``Sec. 251. (a) In General.--Each person who is a covered employer \nfor any calendar year shall have in effect throughout such calendar \nyear a social security payroll deduction plan for such person's \neligible employees.\n ``(b) Requirements.--For purposes of this part, the term `social \nsecurity payroll deduction plan' means a written plan of a covered \nemployer if--\n ``(1) under such plan, the prescribed social security \n employee contribution is deducted from each eligible employee's \n wages and paid to an individual social security retirement \n account of such employee designated in accordance with section \n 252,\n ``(2) under such plan, the covered employer pays the amount \n so deducted to the designated individual social security \n retirement account within 10 business days after the payment of \n the wages from which the amount was deducted,\n ``(3) under such plan, the covered employer pays to the \n individual social security retirement account, together with \n the contribution paid pursuant to paragraph (2), the prescribed \n social security employer contribution with respect to the \n eligible employee, and\n ``(4) the employer receives no compensation for the cost of \n administering such plan.\n ``(c) Amount Deducted May Be Accumulated by Employer in Certain \nCases.--If, under the terms of an individual social security retirement \naccount selected under section 252, contributions below a specified \namount will not be accepted, the requirements of subsection (b)(2) \nshall be treated as met if amounts deducted from the wages of an \neligible employee are accumulated by the covered employer and paid to \nsuch plan not later than 10 business days after the first day on which \nthe accumulated amount exceeds such specified amount.\n\n ``designation of individual social security retirement accounts\n\n ``Sec. 252. (a) In General.--Except as provided in subsection (b), \nthe individual social security retirement account to which \ncontributions with respect to any eligible employee are required to be \npaid under section 251 shall be such an account designated by such \nemployee to such employer not later than 10 business days after the \ndate on which such employee becomes an eligible employee of such \nemployer. Any such designation shall be made in such form and manner as \nmay be prescribed in regulations of the Secretary.\n ``(b) Designation in Absence of Timely Designation by Employee.--In \nany case in which no timely designation of the individual social \nsecurity retirement account is made, the covered employer shall \ndesignate such account in accordance with regulations of the Secretary.\n ``(c) Subsequent Designation of Other Accounts.--The Secretary \nshall provide by regulation for subsequent designation of other \nindividual social security retirement accounts of an eligible employee \nin lieu of or in addition to accounts previously designated under this \nsection.\n\n ``self-employed individuals\n\n ``Sec. 253. (a) In General.--Not later than 30 days after the close \nof any taxable year for which there is imposed a tax under section \n1401(a) of the Internal Revenue Code of 1986 on the self-employment \nincome of an individual, such individual shall pay to an individual \nsocial security retirement account designated by such individual the \nprescribed social security self-employment contribution with respect to \nsuch individual for such taxable year.\n ``(b) Designation of Account.--The designation of an individual \nsocial security retirement account for payment of prescribed social \nsecurity self-employment contributions shall be made in such form and \nmanner as may be prescribed in regulations of the Secretary.\n\n ``definitions\n\n ``Sec. 254. For purposes of this part--\n ``(1) Individual social security retirement account.--The \n term `individual social security retirement account' means any \n individual retirement account (as defined in section 408(a) of \n the Internal Revenue Code of 1986) which is administered or \n issued by a bank (as defined in section 408(n) of such Code) \n and which meets the requirements of section 408A of such Code.\n ``(2) Covered employer.--The term `covered employer' means, \n for any calendar year, any person on whom an excise tax is \n imposed under section 3111 of the Internal Revenue Code of 1986 \n with respect to having an individual in his employ to whom \n wages were paid by such person during such calendar year.\n ``(3) Eligible employee.--The term `eligible employee' \n means, in connection with any person who is a covered employer \n for any calendar year, any individual with respect to whose \n employment by such employer during such calendar year there is \n imposed an excise tax under section 3111 of the Internal \n Revenue Code of 1986.\n ``(4) Prescribed social security employee contribution.--\n The term `prescribed social security employee contribution' \n means, with respect to any eligible employee of a covered \n employer, an amount equal to 1 percent of the wages received by \n such employee with respect to employment by such employer.\n ``(5) Prescribed social security employer contribution.--\n The term `prescribed social security employer contribution' \n means, with respect to a covered employer of any eligible \n employee, 1 percent of the wages paid by such employer to such \n employee with respect to employment of such employee.\n ``(6) Prescribed social security self- employment \n contribution.--The term `prescribed social security self-\n employment contribution' means, with respect to the self-\n employment income of an individual for any taxable year, 2 \n percent of the amount of such self-employment income for such \n taxable year.\n ``(7) Business day.--The term `business day' means any day \n other than a Saturday, Sunday, or legal holiday in the area \n involved.\n\n ``penalties\n\n ``Sec. 255. (a) Failure To Establish Social Security Payroll \nDeduction Plan.--Any covered employer who fails to meet the \nrequirements of section 251 for any calendar year shall be subject to a \ncivil penalty of not to exceed the greater of--\n ``(1) $50,000, or\n ``(2) $1,000 for each eligible employee of such employer as \n of the beginning of such calendar year.\n ``(b) Failure To Make Deductions Required Under Plan.--Any covered \nemployer who fails to timely deduct in full the amount from the wages \nof an eligible employee required under an applicable social security \npayroll deduction plan shall be subject to a civil penalty of not to \nexceed $50 for each such failure.\n ``(c) Failure To Pay Deducted Wages to Individual Social Security \nRetirement Account.--If an amount deducted from the wages of an \neligible employee under a social security payroll deduction plan is not \ntimely paid in full to the designated individual social security \nretirement account in accordance with section 251--\n ``(1) the covered employer failing to make such payment \n shall be subject to a civil penalty of not to exceed 20 percent \n of the unpaid amount, and\n ``(2) shall be liable to the eligible employee for interest \n on the unpaid amount at a rate equal to 133 percent of the \n Federal short-term rate under section 1274(d)(1) of the \n Internal Revenue Code of 1986, calculated from the last day by \n which such amount was required to be so paid to the date on \n which such amount is paid into the designated individual social \n security retirement account.\n ``(d) Failure To Pay Prescribed Social Security Self-Employment \nContributions to Individual Social Security Retirement Account.--Any \nindividual failing to timely pay in full a prescribed social security \nself-employment contribution to a designated individual social security \nretirement account as required under section 253 shall be subject to a \ncivil penalty of not to exceed 20 percent of the unpaid amount, plus \ninterest on the unpaid amount at a rate equal to 133 percent of the \nFederal short-term rate under section 1274(d)(1) of the Internal \nRevenue Code of 1986, calculated from the last day by which such amount \nwas required to be so paid to the date on which such amount is paid \ninto the designated individual social security retirement account.\n ``(e) Rules for Application of Section.--\n ``(1) Penalties assessed by secretary.--Any civil penalty \n assessed by this section shall be imposed by the Secretary and \n collected in a civil action.\n ``(2) Compromises.--The Secretary may compromise the amount \n of any civil penalty imposed by this section.\n ``(3) Authority to waive penalty in certain cases.--The \n Secretary may waive the application of this section with \n respect to any failure if the Secretary determines that such \n failure is due to reasonable cause and not to intentional \n disregard of rules and regulations.''.\n (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) \nof section 6051 of the Internal Revenue Code of 1986 (relating to \nreceipts for employees) is amended--\n (1) by striking ``and'' at the end of paragraph (8),\n (2) by striking the period at the end of paragraph (9) and \n inserting ``, and'', and\n (3) by inserting after paragraph (9) the following new \n paragraph:\n ``(10) the total amount deducted from the employee's wages \n under a social security payroll deduction plan established \n under part B of title II of the Social Security Act.''\n (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 \nof the Employee Retirement Income Security Act of 1974 (29 U.S.C. \n1003(b)) is amended--\n (1) by striking ``or'' at the end of paragraph (4);\n (2) by striking the period at the end of paragraph (5) and \n inserting ``; or''; and\n (3) by adding at the end the following new paragraph:\n ``(6) such plan is a social security payroll deduction plan \n established under part B of title II of the Social Security \n Act.''.\n (d) Effective Date.--\n (1) In general.--The amendments made by subsection (a) \n shall apply with respect to wages paid in calendar years \n beginning on or after January 1, 1995.\n (2) Transitional rule.--Notwithstanding section 252(a) of \n the Social Security Act (as added by this Act), the initial \n designations of individual social security retirement accounts \n with respect to eligible employees employed by covered \n employers as of January 1, 1995, pursuant to such section may \n be made at any time not later than January 15, 1995.\n\nSEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT \n ACCOUNTS.\n\n (a) In General.--Subpart A of part I of subchapter D of chapter 1 \nof the Internal Revenue Code of 1986 (relating to pension, profit-\nsharing, stock bonus plans, etc.) is amended by inserting after section \n408 the following new section:\n\n``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS.\n\n ``(a) General Rule.--Except as provided in this section, an \nindividual social security retirement account shall be treated for \npurposes of this title in the same manner as an individual retirement \nplan.\n ``(b) Individual Social Security Retirement Account.--For purposes \nof this section, the term `individual social security retirement \naccount' means an account established and administered in accordance \nwith part B of title II of the Social Security Act (relating to \nindividual retirement program).\n ``(c) Contribution Rules.--\n ``(1) No deduction allowed.--No deduction shall be allowed \n under section 219 for a contribution to an individual social \n security retirement account.\n ``(2) Contribution limit.--No amount, other than a \n prescribed contribution under part B of title II of the Social \n Security Act, may be accepted as a contribution to an \n individual social security retirement account.\n ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply \nto any amount distributed from an individual social security retirement \naccount only to the extent such amount is paid into another such \naccount for the benefit of the individual for whom the account from \nwhich such amount is transferred was maintained.''\n (b) Clerical Amendment.--The table of sections for such subpart A \nis amended by inserting after the item relating to section 408 the \nfollowing new item:\n\n ``Sec. 408A. Individual social security \n retirement accounts.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1994.","summary":"Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. Amends title II of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. Sets forth penalties for failure to establish and maintain such accounts. Requires amounts deducted from employee wages to be shown on wage receipts for employees. Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.","title":"Individual Social Security Retirement Account Act of 1993","text_len":16088,"sum_len":1181} {"bill_id":"104_s760","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Commission Act of 1995''.\n\nSEC. 2. ESTABLISHMENT.\n\n (a) Establishment.--There is established a commission to be known \nas the National Commission on the Long-Term Solvency of the Medicare \nProgram (hereafter in this Act referred to as the ``Commission'').\n (b) Membership.--The Commission shall be composed of 15 members \nappointed as follows:\n (1) Five members shall be appointed by the President from \n among officers or employees of the executive branch, private \n citizens of the United States, or both. Not more than 3 members \n selected by the President shall be members of the same \n political party.\n (2) Five members shall be appointed by the Majority Leader \n of the Senate from among members of the Senate, private \n citizens of the United States, or both. Not more than 3 of the \n members selected by the Majority Leader shall be members of the \n same political party.\n (3) Five members shall be appointed by the Speaker of the \n House of Representatives from among members of the House of \n Representatives, private citizens of the United States, or \n both. Not more than 3 of the members selected by the Speaker \n shall be members of the same political party.\n (4) Date.--The appointments of the members of the \n Commission shall be made no later than November 30, 1995.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Initial Meeting.--No later than 30 days after the date on which \nall members of the Commission have been appointed, the Commission shall \nhold its first meeting.\n (e) Meetings.--The Commission shall meet at the call of the \nChairman.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n (g) Chairman.--The Commission shall select a Chairman from among \nits members.\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n (a) Analyses and Recommendations.--\n (1) In general.--The Commission shall--\n (A) review relevant analyses of the current and \n long-term financial condition of the medicare trust \n funds;\n (B) identify problems that may threaten the long-\n term solvency of such trust funds;\n (C) analyze potential solutions to such problems \n that will both assure the financial integrity of the \n medicare program under title XVIII of the Social \nSecurity Act (42 U.S.C. 1395 et seq.) and the provision of appropriate \nhealth benefits; and\n (D) provide appropriate recommendations to the \n Secretary of Health and Human Services, the President, \n and the Congress.\n (2) Definition of medicare trust funds.--For purposes of \n this subsection, the term ``medicare trust funds'' means the \n Federal Hospital Insurance Trust Fund established under section \n 1817 of the Social Security Act (42 U.S.C. 1395i) and the \n Federal Supplementary Medical Insurance Trust Fund established \n under section 1841 of such Act (42 U.S.C. 1395t).\n (b) Report.--The Commission shall submit its report to the \nPresident and the Congress not later than December 31, 1996.\n\nSEC. 4. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out the \npurposes of this Act.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon request of the Chairman of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n\nSEC. 5. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--\n (1) Officers and employees of the federal government.--All \n members of the Commission who are officers or employees of the \n Federal Government shall serve without compensation in addition \n to that received for their services as officers or employees of \n the United States.\n (2) Private citizens of the united states.--\n (A) In general.--Subject to subparagraph (B), all \n members of the Commission who are not officers or \n employees of the Federal Government shall serve without \n compensation for their work on the Commission.\n (B) Travel expenses.--The members of the Commission \n who are not officers or employees of the Federal \n Government shall be allowed travel expenses, including \n per diem in lieu of subsistence, at rates authorized \n for employees of agencies under subchapter I of chapter \n 57 of title 5, United States Code, while away from \n their homes or regular places of business in the \n performance of services for the Commission, to the \n extent funds are available therefore.\n (b) Staff.--\n (1) In general.--The Chairman of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. At the request of the \n Chairman, the Secretary of Health and Human Services shall \n provide the Commission with any necessary administrative and \n support services. The employment of an executive director shall \n be subject to confirmation by the Commission.\n (2) Compensation.--The Chairman of the Commission may fix \n the compensation of the executive director and other personnel \n without regard to the provisions of chapter 51 and subchapter \n III of chapter 53 of title 5, United States Code, relating to \n classification of positions and General Schedule pay rates, \n except that the rate of pay for the executive director and \n other personnel may not exceed the rate payable for level V of \n the Executive Schedule under section 5316 of such title.\n (c) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (d) Procurement of Temporary and Intermittent Services.--The \nChairman of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 6. TERMINATION OF THE COMMISSION.\n\n The Commission shall terminate 30 days after the date on which the \nCommission submits its report under section 2(b).\n\nSEC. 7. FUNDING FOR THE COMMISSION.\n\n Any expenses of the Commission shall be paid from such funds as may \nbe otherwise available to the Secretary of Health and Human Services.","summary":"Medicare Commission Act of 1995 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services.","title":"Medicare Commission Act of 1995","text_len":7861,"sum_len":345} {"bill_id":"113_s1953","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oversight Workforce Improvement Act \nof 2014''.\n\nSEC. 2. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, AND REVIEWS \n CONDUCTED BY INSPECTORS GENERAL.\n\n Section 3518(c) of title 44, United States Code, is amended--\n (1) in paragraph (1), in the matter preceding subparagraph \n (A), by striking ``paragraph (2)'' and inserting ``paragraph \n (3)'';\n (2) by redesignating paragraph (2) as paragraph (3); and\n (3) by inserting after paragraph (1) the following:\n ``(2) Notwithstanding paragraph (3), this subchapter shall \n not apply to the collection of information during the conduct \n of any evaluation, or other review conducted by the Federal \n Accountability and Spending Transparency Board, or during the \n conduct of any audit, investigation, inspection, evaluation, or \n any other review conducted by the Council of the Inspectors \n General on Integrity and Efficiency or any Office of Inspector \n General, including any Office of Special Inspector General.''.\n\nSEC. 3. EXEMPTION FROM DISCLOSURE UNDER FOIA.\n\n (a) Definition.--In this section, the term ``agency'' shall have \nthe meaning given the term in section 551 of title 5, United States \nCode.\n (b) Exemption.--Information relating to the information security \nprogram or practices of an agency shall be exempt from disclosure under \nsection 552(b)(3) of title 5, United States Code, if disclosure could \nreasonably be expected to lead to or result in unauthorized access, \nuse, disclosure, disruption, modification, or destruction of such \ninformation system or the information such information system controls, \nprocesses, stores, or transmits.\n (c) Non-Exempt Information.--Each agency that withholds information \nsubject to the exemption in subsection (b) shall act in accordance with \nthe obligation of the Federal agency to reasonably segregate and \ndisclose non-exempt information under section 552(b) of title 5, United \nStates Code.\n\nSEC. 4. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE \n INSPECTOR GENERAL REFORM ACT OF 2008.\n\n (a) Incorporation of Provisions From the Inspector General Reform \nAct of 2008 Into the Inspector General Act of 1978.--\n (1) Classification and pay.--\n (A) Amendment.--Section 8G of the Inspector General \n Act of 1978 (5 U.S.C. App.) is amended by adding at the \n end the following:\n ``(i) Notwithstanding any other provision of law, the Inspector \nGeneral of each designated Federal entity shall, for pay and all other \npurposes be classified at a grade, level or rank designation, as the \ncase may be, at or above those of a majority of the senior level \nexecutives of the designated Federal entity (such as General Counsel, \nChief Information Officer, Chief Financial Officer, Chief Human Capital \nOfficer, or Chief Acquisition Officer). The pay of an Inspector General \nof a designated Federal entity shall not be less than the average total \ncompensation (including bonuses) of the senior level executives of the \ndesignated Federal entity calculated on an annual basis.''.\n (B) Conforming repeal.--Section 4(b) of the \n Inspector General Reform Act of 2008 (Public Law 110-\n 409; 5 U.S.C. App. note) is repealed.\n (2) Pay retention.--\n (A) Amendment.--The Inspector General Act of 1978 \n (5 U.S.C. App.) is amended by adding after section 8M \n the following:\n\n``SEC. 8N. PAY RETENTION.\n\n ``(a) In General.--The provisions of section 3392 of title 5, \nUnited States Code, other than the term `performance awards' and \n`awarding of ranks' in subsection (c)(1) of such section, shall apply \nto career appointees of the Senior Executive Service who are appointed \nto the position of Inspector General.\n ``(b) Nonreduction in Pay.--Notwithstanding any other provision of \nlaw, career Federal employees serving on an appointment made pursuant \nto statutory authority found other than in section 3392 of title 5, \nUnited States Code, shall not suffer a reduction in pay, not including \nany bonus or performance award, as a result of being appointed to the \nposition of Inspector General.''.\n (B) Conforming repeal.--Section 4(c) of the \n Inspector General Reform Act of 2008 (Public Law 110-\n 409; 5 U.S.C. App. note) is repealed.\n (3) Allegations of wrongdoing against special counsel or \n deputy special counsel.--\n (A) Amendments.--Section 11(d) of the Inspector \n General Act of 1978 (5 U.S.C. App.) is amended--\n (i) in paragraph (2)--\n (I) in subparagraph (C), by \n inserting ``or their designee'' before \n the period; and\n (II) in subparagraph (D), by \n inserting ``or their designee'' before \n the period; and\n (ii) by adding at the end the following:\n ``(12) Allegations of wrongdoing against special counsel or \n deputy special counsel.--\n ``(A) Special counsel defined.--In this paragraph, \n the term `Special Counsel' means the Special Counsel \n appointed under section 1211(b) of title 5, United \n States Code.\n ``(B) Authority of integrity committee.--\n ``(i) In general.--An allegation of \n wrongdoing against the Special Counsel or \n Deputy Special Counsel may be received, \n reviewed and referred for investigation by the \n Integrity Committee to the same extent and in \n the same manner as in the case of an allegation \n against an Inspector General (or a member of \n the staff of an Office of Inspector General), \n subject to the requirement that the Special \n Counsel recuse himself or herself from the \n consideration of any allegation brought under \n this paragraph.\n ``(ii) Coordination with existing provision \n of law.--This paragraph does not eliminate \n access to the Merit Systems Protection Board \n for review under section 7701 of title 5, \n United States Code. To the extent that an \n allegation brought under this subsection \n involves section 2302(b)(8) of that title, a \n failure to obtain corrective action within 120 \n days after the date on which the allegation is \n received by the Integrity Committee shall, for \n purposes of section 1221 of such title, be \n considered to satisfy section 1214(a)(3)(B) of \n such title.\n ``(C) Regulations.--The Integrity Committee may \n prescribe any rules or regulations necessary to carry \n out this paragraph, subject to such consultation or \n other requirements as might otherwise apply.''.\n (B) Conforming repeal.--Section 7(b) of the \n Inspector General Reform Act of 2008 (Public Law 110-\n 409; 5 U.S.C. 1211 note) is repealed.\n (b) Agency Applicability.--\n (1) Amendments.--The Inspector General Act of 1978 (5 \n U.S.C. App.) is further amended--\n (A) in section 8M--\n (i) in subsection (a)(1)--\n (I) by striking ``Each agency'' and \n inserting `` Each Federal agency and \n designated Federal entity''; and\n (II) by striking ``that agency'' \n and inserting ``the Federal agency or \n designated Federal entity'' each place \n it appears; and\n (ii) in subsection (b)--\n (I) in paragraph (1), in the matter \n preceding subparagraph (A), by striking \n ``agency'' and inserting ``Federal \n agency and designated Federal entity''; \n and\n (II) in paragraph (2)--\n (aa) in subparagraph (A), \n by striking ``agency'' and \n inserting ``Federal agency and \n designated Federal entity''; \n and\n (bb) in subparagraph (B), \n by striking ``agency'' and \n inserting ``Federal agency and \n designated Federal entity''; \n and\n (B) in section 11(c)(3)(A)(ii), by striking \n ``department, agency, or entity of the executive branch \n which'' and inserting ``Federal agency or designated \n Federal entity that''.\n (2) Implementation.--Not later than 180 days after the date \n of enactment of this Act, the head and the Inspector General of \n each Federal agency (as defined in section 12 of the Inspector \n General Act of 1978 (5 U.S.C. App.)) and each designated \n Federal entity (as defined in section 8G of the Inspector \n General Act of 1978 (5 U.S.C. App.)) shall implement the \n amendments made by this subsection.\n (c) Corrections.--\n (1) Executive order number.--Section 7(c)(2) of the \n Inspector General Reform Act of 2008 (Public Law 110-409; 31 \n U.S.C. 501 note) is amended by striking ``12933'' and inserting \n ``12993''.\n (2) Punctuation and cross-references.--The Inspector \n General Act of 1978 (5 U.S.C. App.) is amended--\n (A) in section 4(b)(2)--\n (i) by striking ``8F(a)(2)'' and inserting \n ``8G(a)(2)'' each place it appears; and\n (ii) by striking ``8F(a)(1)'' and inserting \n ``8G(a)(1)'';\n (B) in section 6(a)(4), by striking ``information, \n as well as any tangible thing)'' and inserting \n ``information), as well as any tangible thing''; and\n (C) in section 8G(g)(3), by striking ``8C'' and \n inserting ``8D''.\n (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. \n App.) is amended--\n (A) in section 3(a), by striking ``subpena'' and \n inserting ``subpoena'';\n (B) in section 6(a)(4)--\n (i) by striking ``subpena'' and inserting \n ``subpoena''; and\n (ii) by striking ``subpenas'' and inserting \n ``subpoenas'';\n (C) in section 8D(a)--\n (i) in paragraph (1), by striking \n ``subpenas'' and inserting ``subpoenas''; and\n (ii) in paragraph (2), by striking \n ``subpena'' and inserting ``subpoena'', each \n place it appears;\n (D) in section 8E(a)--\n (i) in paragraph (1), by striking \n ``subpenas'' and inserting ``subpoenas''; and\n (ii) in paragraph (2), by striking \n ``subpena'' and inserting ``subpoena'' each \n place it appears; and\n (E) in section 8G(d), by striking ``subpena'' and \n inserting ``subpoena''.\n (d) Repeal.--Section 744 of the Financial Services and General \nGovernment Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 693) \nis repealed.\n\nSEC. 5. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.\n\n Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. \nApp.) is amended to read as follows:\n ``(B) The Inspectors General of the Intelligence \n Community and the Central Intelligence Agency.''.","summary":"Oversight Workforce Improvement Act of 2014 - Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board. And (2) information collected during any audit, investigation, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of the Inspector General, including any office of Special Inspector General. Exempts from document disclosure requirements of the Freedom of Information Act (FOIA) information relating to the information security program or practices of a federal agency if disclosure could reasonably be expected to lead to, or result in, unauthorized access, use, disclosure, disruption, modification, or destruction of such information program or the information such program controls, processes, stores, or transmits. Amends the Inspector General Act of 1978 to: (1) establish classification and pay standards for the Inspectors General of each federal agency. (2) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel. And (3) include within the membership of the Council of the Inspectors General on Integrity and Efficiency the Inspectors General of the Intelligence Community and the Central Intelligence Agency (CIA) .","title":"Oversight Workforce Improvement Act of 2014","text_len":13078,"sum_len":1430} {"bill_id":"107_hr1910","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nazi Benefits Termination Act of \n2001''.\n\nSEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.\n\n (a) In General.--Notwithstanding any other provision of law, an \nindividual who is determined under this Act to have been a participant \nin Nazi persecution is not eligible for any Federal public benefit.\n (b) Definitions.--In this Act:\n (1) Federal public benefit.--The term ``Federal public \n benefit'' has the meaning given such term by section 401(c)(1) \n of the Personal Responsibility and Work Opportunity \n Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not \n include any benefit described in section 401(b)(1) of such Act \n (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such \n section 401(b)(1), the term ``alien'' shall be considered to \n mean any individual).\n (2) Participant in nazi persecution.--The term \n ``participant in Nazi persecution'' means an individual who--\n (A) if an alien (as such term is defined in section \n 101(a)(3) of the Immigration and Nationality Act (8 \n U.S.C. 1101(a)(3))), has committed one or more of the \n acts described in section 212(a)(3)(E) of the \n Immigration and Nationality Act (8 U.S.C. \n 1182(a)(3)(E)); or\n (B) if a citizen of the United States--\n (i) has procured citizenship illegally or \n by concealment of a material fact or willful \n misrepresentation; and\n (ii) has committed one or more of the acts \n described in section 212(a)(3)(E) of the \n Immigration and Nationality Act (8 U.S.C. \n 1182(a)(3)(E)).\n (3) Respondent.--The term ``respondent'' means an \n individual whom the Attorney General is providing an \n opportunity for a hearing on the record under section 3(a).\n\nSEC. 3. DETERMINATIONS.\n\n (a) Hearing by Immigration Judge.--If the Attorney General has \nreason to believe that an individual who has applied for or is \nreceiving a Federal public benefit may have been a participant in Nazi \npersecution, the Attorney General may provide an opportunity for a \nhearing on the record with respect to the matter. The Attorney General \nmay delegate the conduct of the hearing to an immigration judge (as \ndefined in section 101(b)(4) of the Immigration and Nationality Act (8 \nU.S.C. 1101(b)(4))).\n (b) Procedures.--\n (1) Right of respondents to appear.--\n (A) Citizens, permanent resident aliens, and \n persons present in the united states.--At a hearing \n under this section, each respondent may appear in \n person if the respondent is a United States citizen, a \n permanent resident alien, or present within the United \n States when the proceeding under this section is \n initiated.\n (B) Others.--A respondent who is not a citizen, a \n permanent resident alien, or present within the United \n States when the proceeding under this section is \n initiated may appear by video conference.\n (C) Rule of interpretation.--This Act shall not be \n construed to permit the return to the United States of \n an individual who is inadmissible under section \n 212(a)(3)(E) of the Immigration and Nationality Act (8 \n U.S.C. 1182(a)(3)(E)).\n (2) Other rights of respondents.--At a hearing under this \n section, each respondent may be represented by counsel at no \n expense to the Federal Government, present evidence, cross-\n examine witnesses, and obtain the issuance of subpoenas for the \n attendance of witnesses and presentation of evidence.\n (3) Rules of evidence.--Unless otherwise provided in this \n Act, rules regarding the presentation of evidence at the \n hearing shall apply in the same manner in which such rules \n would apply at a removal proceeding before an immigration judge \n under section 240 of the Immigration and Nationality Act (8 \n U.S.C. 1229a).\n (c) Findings, Conclusions, and Order.--\n (1) Findings and conclusions.--Not later than 60 days after \n the date of the end of a hearing conducted under this section, \n the immigration judge shall make findings of fact and \n conclusions of law with respect to whether the respondent has \n been a participant in Nazi persecution.\n (2) Order.--\n (A) Finding that respondent has been a participant \n in nazi persecution.--If the immigration judge finds, \n by a preponderance of the evidence, that the respondent \n has been a participant in Nazi persecution, the \n immigration judge shall promptly issue an order \n declaring the respondent to be ineligible for any \n Federal public benefit, and prohibiting any person from \n providing such a benefit, directly or indirectly, to \n the respondent, and shall transmit a copy of the order \n to any governmental entity or person known to be so \n providing such a benefit.\n (B) Finding that respondent has not been a \n participant in nazi persecution.--If the immigration \n judge finds that there is insufficient evidence for a \n finding under subparagraph (A) that a respondent has \n been a participant in Nazi persecution, the immigration \n judge shall issue an order dismissing the proceeding.\n (C) Effective date; limitation of liability.--\n (i) Effective date.--An order issued \n pursuant to subparagraph (A) or (B) shall be \n effective on the date of issuance.\n (ii) Limitation of liability.--\n Notwithstanding clause (i), a person or entity \n shall not be found to have provided a benefit \n to an individual in violation of this Act until \n the person or entity has received actual notice \n of the issuance of an order under subparagraph \n (A) with respect to the individual and has had \n a reasonable opportunity to comply with the \n order.\n (d) Review by Attorney General; Service of Final Order.--\n (1) Review by attorney general.--The Attorney General may, \n in his discretion, review any finding or conclusion made, or \n order issued, under subsection (c), and shall complete the \n review not later than 30 days after the date that the finding \n or conclusion is so made, or order is so issued. Otherwise, the \n finding, conclusion, or order shall be final.\n (2) Service of final order.--The Attorney General shall \n cause the findings of fact and conclusions of law made with \n respect to any final order issued under this section, together \n with a copy of the order, to be served on the respondent \n involved.\n (e) Judicial Review.--Any party aggrieved by a final order issued \nunder this section may obtain a review of the order by the United \nStates Court of Appeals for the Federal Circuit, by filing a petition \nfor such review not later than 30 days after the date that the final \norder is issued.\n\nSEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL \n CIRCUIT OVER APPEALS UNDER THIS ACT.\n\n Section 1295(a) of title 28, United States Code, is amended--\n (1) by striking ``and'' at the end of paragraph (13);\n (2) by striking the period at the end of paragraph (14) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(15) of an appeal from a final order issued under the \n Nazi Benefits Termination Act of 2001.''.","summary":"Nazi Benefits Termination Act of 2001 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent. And (2) transmit a copy of the order to any governmental entity or person known to be providing such a benefit. Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days . Provides for the appeal of findings or orders by an aggrieved party to the US Court of Appeals for the Federal Circuit.","title":"To deny Federal public benefits to individuals who were participants in Nazi persecution.","text_len":8455,"sum_len":1010} {"bill_id":"107_hr1217","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Multilingual Education and \nTechnological Advancement Act of 2001''.\n\nSEC. 2. GRANTS FOR COMPUTER SOFTWARE FOR MULTILINGUAL EDUCATION.\n\n (a) Grants Authorized.--Subject to the availability of \nappropriations, the Secretary of Education may award grants, on a \ncompetitive basis, to local educational agencies to provide financial \nassistance to elementary and secondary schools for obtaining computer \nsoftware for multilingual education.\n (b) Preference.--In awarding grants under subsection (a), the \nSecretary shall give preference to local educational agencies that \nserve an elementary or secondary school in which--\n (1) a majority of the students are from families with \n incomes below the poverty line, as defined by the Office of \n Management and Budget and in effect under section 673(2) of the \n Community Services Block Grant Act (42 U.S.C. 9902(2)); or\n (2) there is a high concentration of students with low \n levels of English proficiency.\n (c) Eligible Schools.--A grant under this section may be used to \nprovide financial assistance only to an elementary or secondary school \nthat meets the criteria of paragraph (1) or (2) of subsection (b).\n (d) Study.--\n (1) In general.--The Secretary shall conduct an annual \n study of the effectiveness of the grant program under this \n section.\n (2) Report.--By the end of each fiscal year for which \n appropriations to carry out this Act are available, the \n Secretary shall transmit to the Congress a report that includes \n the following:\n (A) Findings on the effectiveness of this grant \n program, including the effectiveness of the computer \n software.\n (B) Recommendations for improving this grant \n program.\n (e) Application.--To seek a grant under subsection (a), a local \neducational agency shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary for grants under this section $80,000,000 \nfor fiscal years 2002 through 2006.\n\nSEC. 3. GRANTS FOR COMPUTERS.\n\n (a) Grants Authorized.--Subject to the availability of \nappropriations, the Secretary of Education may award grants, on a \ncompetitive basis, to local educational agencies to provide financial \nassistance to elementary and secondary schools for obtaining computers.\n (b) Mandatory Grants.--The Secretary shall award a grant under \nsubsection (a) to any local educational agency that--\n (1) submits an application under subsection (c); and\n (2) serves elementary or secondary schools in which, \n cumulatively, a majority of the students are from families with \n incomes below the poverty line, as defined by the Office of \n Management and Budget and in effect under section 673(2) of the \n Community Services Block Grant Act (42 U.S.C. 9902(2)).\n (c) Eligible Schools.--A grant under this section may be used to \nprovide financial assistance only to an elementary or secondary school \nin which--\n (1) a majority of students are from families with incomes \n below the poverty line, as defined by the Office of Management \n and Budget and in effect under section 673(2) of the Community \n Services Block Grant Act (42 U.S.C. 9902(2)); or\n (2) there are fewer computers than the greater of--\n (A) 6 computers; or\n (B) a number of computers for that type school \n established by the Secretary by a regulation under this \n paragraph.\n (d) Application.--To seek a grant under this section, a local \neducational agency shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary for grants under this section \n$100,000,000 for each of fiscal years 2002 through 2006.\n\nSEC. 4. INFORMATION TECHNOLOGY TRAINING AND MULTILINGUAL EDUCATION \n PROGRAM GRANTS.\n\n (a) In General.--Subject to the availability of appropriations, the \nSecretaries may make grants to eligible partnerships to pay the Federal \nshare of the cost of establishing and carrying out--\n (1) information technology training programs for former \n participants in information technology training programs who \n have not received information technology certification, \n minorities, women, older individuals, veterans, Native \n Americans, and dislocated workers; and\n (2) multilingual education programs.\n (b) Partnerships.--To be an eligible partnership under subsection \n(a), a partnership shall consist of--\n (1) an institution of higher education; and\n (2) a private organization, such as a certified commercial \n information technology training provider or an information \n technology trade or professional association.\n (c) Application.--To seek a grant under subsection (a), an eligible \npartnership shall submit an application to the Secretaries at such \ntime, in such manner, and containing such information as the \nSecretaries may require.\n (d) Federal Share.--\n (1) In general.--The Federal share of the cost described in \n subsection (a) shall be 50 percent.\n (2) Non-federal share.--The non-Federal share of the cost \n shall be provided in cash or in kind, fairly evaluated by the \n Secretaries, and may include plant, equipment, or services.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretaries to carry out this section $100,000,000 \nfor fiscal year 2002 and such sums as may be necessary for each \nsubsequent fiscal year.\n\nSEC. 5. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION.\n\n (a) In General.--Subject to the availability of appropriations, the \nSecretary of Education may make grants to local educational agencies to \nassist such agencies in awarding bonuses to teachers who achieve \ninformation technology certification.\n (b) Limitation on Amount.--The amount of a grant to a local \neducational agency under subsection (a) shall not exceed the product \ndetermined by multiplying $5,000 by the number of teachers described \npursuant to subsection (c)(2) in the application for the grant.\n (c) Application.--\n (1) In general.--To seek a grant under this section, a \n local educational agency shall submit an application to the \n Secretary at such time, in such manner, and containing such \n information as the Secretary may require.\n (2) Contents.--The application shall include information \n describing the number of teachers employed by the local \n educational agency who--\n (A) have achieved information technology \n certification, including such certification for \n integrating information technology into the classroom \n or a curriculum; and\n (B) have not previously received a bonus under this \n section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Education to carry out this section \n$120,000,000 for each of fiscal years 2002 through 2006.\n\nSEC. 6. SCHOLARSHIPS FOR TEACHER TRAINING.\n\n (a) Grants Authorized.--Subject to the availability of \nappropriations, the Secretary of Education may award grants, on a \ncompetitive basis, to institutions of higher education to provide \nscholarships to any eligible student.\n (b) Eligible Students.--For purposes of this section, the term \n``eligible student'' means a student who--\n (1) is preparing to enter the teaching workforce; and\n (2) meets the criteria established under subsection (c).\n (c) Criteria.--For purposes of subsection (b)(2), the Secretary \nshall establish criteria that require a student to obtain both \ntechnological and multilingual education.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out this section $100,000,000 \nfor fiscal year 2002 and such sums as may be necessary for each of the \n4 succeeding fiscal years.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Certified commercial information technology training \n provider.--The term ``certified commercial information \n technology training provider'' means a private sector provider \n of educational products and services utilized for training in \n information technology that is certified by 1 or more software \n publishers or hardware manufacturers (the products of which are \n the subject of the training) with respect to--\n (A) the curriculum that is used for the training; \n or\n (B) the technical knowledge of the instructors of \n such provider.\n (2) Dislocated worker.--The term ``dislocated worker'' has \n the meaning given the term in section 101 of the Workforce \n Investment Act of 1998 (29 U.S.C. 2801).\n (3) Elementary school.--The term ``elementary school'' has \n the meaning given the term in section 14101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 8801).\n (4) Information technology certification.--The term \n ``information technology certification'' means certification in \n information technology, in accordance with such standards as--\n (A)(i) the Computing Technology Industry \n Association or the Information Technology Training \n Association may issue, after consultation with chief \n education officers of States, State boards, entities \n that certify or license teachers, and other entities \n affected by the standards; or\n (ii) a State board or entity that certifies or \n licenses teachers may issue, after consultation with \n chief education officers of States, and other entities \n affected by the standards; and\n (B) the Secretaries may approve.\n (5) Information technology training program.--The term \n ``information technology training program'' means a program for \n the training of--\n (A) computer programmers, systems analysts, and \n computer scientists or engineers (as such occupations \n are defined by the Bureau of Labor Statistics); and\n (B) persons for such other occupations as are \n determined to be appropriate by the Secretaries, after \n consultation with a working group broadly solicited by \n the Secretaries and open to all interested information \n technology entities and trade and professional \n associations.\n (6) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 102 of the Higher Education Act of 1965 (20 \n U.S.C. 1002).\n (7) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n (8) Native american.--The term ``Native American'' means an \n Indian or a Native Hawaiian, as defined in section 166(b) of \n the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)).\n (9) Secondary school.--The term ``secondary school'' has \n the meaning given the term in section 14101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 8801).\n (10) Secretaries.--The term ``Secretaries'' means the \n Secretary of Education and the Secretary of Labor, acting \n jointly.\n (11) Veteran.--The term ``veteran'' has the meaning given \n the term in section 101 of the Workforce Investment Act of 1998 \n (29 U.S.C. 2801).","summary":"Multilingual Education and Technological Advancement Act of 2001 - Authorizes the Secretary of Education to make competitive grants to local educational agencies (LEAs) to provide financial assistance to elementary and secondary schools for obtaining: (1) computer software for multilingual education, with preference given to schools with a majority of students from poor families or a high concentration of students with low levels of English proficiency. And (2) computers, with grant awards mandatory for schools where a majority of students meet poverty criteria or where there are a specified low number of computers for students. Authorizes the Secretary, jointly with the Secretary of Labor, to make matching grants for: (1) information technology training programs for former participants in such programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers. And (2) multilingual education programs. Requires a partnership, to be eligible for such a grant, to consist of: (1) an institution of higher education. And (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. Authorizes the Secretary to make grants to LEAs to assist them in awarding bonuses to teachers who achieve information technology certification. Authorizes the Secretary to make competitive grants to institutions of higher education to provide scholarships to students who: (1) are preparing to enter the teaching profession. And (2) meet criteria established by the Secretary that requires them to obtain both technological and multilingual education.","title":"To provide grants to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for multilingual education, and for other purposes.","text_len":12557,"sum_len":1738} {"bill_id":"114_hr3204","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tackling Excessive Standardized \nTesting Act of 2015'' or the ``TEST Act of 2015''.\n\nSEC. 2. ESEA AMENDMENTS.\n\n (a) Academic Assessments.--Section 1111(b)(3)(C) of the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is \namended--\n (1) in clause (v)(I), by striking ``clause vii'' and \n inserting ``clause (vii) and as otherwise provided under clause \n (xvi)'';\n (2) in clause (vii), by inserting ``except as otherwise \n provided under clause (xvi),'' before ``beginning'';\n (3) by striking ``and'' at the end of clause (xiv);\n (4) by striking the period at the end of clause (xv); and\n (5) by adding at the end the following new clause:\n ``(xvi) beginning with the first full \n school year after the date of enactment of the \n TEST Act of 2015, in lieu of the requirements \n of clause (vii)--\n ``(I) authorize any public \n elementary school or public secondary \n school to administer the academic \n assessments in mathematics required \n under clause (vii) in each of grades 4, \n 6, and 8;\n ``(II) authorize any public \n elementary school or public secondary \n school to administer the academic \n assessments in reading or language arts \n required under clause (vii) in each of \n grades 3, 5, and 7;\n ``(III) authorize a public \n elementary schools or public secondary \n school at the 15th percentile or above \n for mathematics in the State (based on \n the achievement of students for the \n preceding school year in each of grades \n 4, 6, and 8 on the academics \n assessments in mathematics required \n under clause (vii)), to, for the school \n year following the administration of \n such assessments, administer the \n academic assessments in mathematics \n required under clause (vii) in each of \n grades 4 and 8;\n ``(IV) authorize a public \n elementary school or public secondary \n school at the 15th percentile or above \n for reading or language arts in the \n State (based on the achievement of \n students for the preceding school year \n in each of grades 3, 5, and 7 on the \n academics assessments in reading or \n language arts required under clause \n (vii)), to, for the school year \n following the administration of such \n assessments, administer the academic \n assessments in reading or language arts \n required under clause (vii) in each of \n grades 3 and 7;\n ``(V) authorize a public elementary \n school or public secondary school whose \n students do not meet the academic \n achievement requirements of subclause \n (III) of this clause, but which has \n demonstrated such level of progress \n with respect to the achievement of \n students on academic assessments in \n mathematics required under clause \n (vii), as determined appropriate by the \n Secretary to be authorized to \n administer assessments in mathematics \n in accordance with subclause (III) of \n this clause, to administer such \n assessments in mathematics in \n accordance with such subclause (III); \n and\n ``(VI) authorize a public \n elementary school or public secondary \n school whose students do not meet the \n academic achievement requirements of \n subclause (IV) of this clause, but \n which has demonstrated such level of \n progress with respect to the \n achievement of students on academic \n assessments in reading or language arts \n required under clause (vii), as \n determined appropriate by the Secretary \n to be authorized to administer \n assessments in reading or language arts \n in accordance with subclause (IV) of \n this clause, to administer such \n assessments in reading or language arts \n in accordance with such subclause \n (IV).''.\n (b) Limited English Proficient Students.--Section 1111(b)(2)(C)(v) \nof the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n6311(b)(2)(C)(v)) is amended in the matter following item (dd), by \ninserting before the semicolon the following: ``and that the \nachievement of a student with limited English proficiency shall not be \nconsidered for purposes of such definition for the first 12 months that \nthe student is enrolled in a public elementary school or public \nsecondary school''.\n (c) Application to Waivers.--Section 9401 of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 7861) is amended--\n (1) in subsection (c)--\n (A) by striking ``or'' at the end of paragraph \n (9)(C);\n (B) by striking the period at the end of paragraph \n (10) and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(11) the requirement under section 1111(b)(2)(C)(v) that \n a student with limited English proficiency be excluded from the \n definition of adequate yearly progress for the first 12 months \n that the student is enrolled in a public elementary school or \n public secondary school.''; and\n (2) by adding at the end the following new subsection:\n ``(h) Options for Certain Academic Assessments.--A waiver awarded \nunder this section shall not prohibit a State educational agency from \nadministering academic assessments in accordance with clause (xvi) of \nsection 1111(b)(3)(C) in lieu of the requirements of clause (vii) of \nsection 1111(b)(3)(C).''.","summary":"Tackling Excessive Standardized Testing Act of 2015 or the TEST Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 to lower the frequency with which students must take the tests used to determine whether they are making adequate yearly progress (AYP) toward state academic achievement standards in mathematics and reading or language arts. Under current law, students must take such tests in both subjects in each of grades 3 through 8. The bill maintains testing in grades 3 through 8 but authorizes a public school tonbsp, limit testing: (1)nbsp, in mathematics, to even-numberednbsp. Grades or, if the school is at the 15th percentile or above for mathematics in the state or its students are making appropriate progress toward state mathematics achievement standards,nbsp, to grades 4 and 8 only, and (2)nbsp. In reading or language arts, to odd-numbered grades or, if the school is at the 15th percentile or above for reading or language arts or its students are making appropriate progress toward state reading or language arts achievement standards,nbsp. To grades 3 and 7 only. Limited English proficient students who are in their first 12 months of enrollment in a public school are excluded from the determination as to whether students are making AYP toward state academic achievement standards.","title":"TEST Act of 2015","text_len":7800,"sum_len":1335} {"bill_id":"110_s195","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reliable Farm Safety Net Act''.\n\nSEC. 2. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS.\n\n The Federal Crop Insurance Act is amended by inserting after \nsection 518 (7 U.S.C. 1518) the following:\n\n``SEC. 519. PERMANENT AUTHORITY TO PROVIDE EMERGENCY AGRICULTURAL \n ASSISTANCE.\n\n ``(a) Definition of Federally Declared Disaster Area.--In this \nsection, the term `federally declared disaster area' means--\n ``(1) a county covered by--\n ``(A) a Presidential declaration of major disaster \n issued under section 401 of the Robert T. Stafford \n Disaster Relief and Emergency Assistance Act (42 U.S.C. \n 5170); or\n ``(B) a declaration by the Secretary of a disaster \n area under subpart A of part 1945 of title 7, Code of \n Federal Regulations (or successor regulations); and\n ``(2) each county contiguous to a county described in \n paragraph (1).\n ``(b) Crop Disaster Assistance.--\n ``(1) Authority to provide emergency assistance.--The \n Secretary shall use the funds of the Commodity Credit \n Corporation to make emergency financial assistance available to \n producers on a farm that incur qualifying crop losses for an \n insurable crop due to damaging weather or related condition, as \n determined by the Secretary, that results in the designation of \n the county in which the farm or ranch is located as a federally \n declared disaster area.\n ``(2) Administration.--Except as provided in paragraphs (3) \n and (4), the Secretary shall make assistance available under \n this subsection in the same manner as provided under section \n 815 of the Agriculture, Rural Development, Food and Drug \n Administration, and Related Agencies Appropriations Act, 2001 \n (Public Law 106-387; 114 Stat. 1549A-55), including using the \n same loss thresholds for the quantity and quality losses as \n were used in administering that section.\n ``(3) Payment rate.--The Secretary shall make assistance \n available to producers on a farm for a crop under this \n subsection at a rate equal to 65 percent of the established \n price for the crop for any deficiency in production of 35 \n percent or more for the crop.\n ``(4) Ineligibility for assistance.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the producers on a farm shall not be \n eligible for assistance under this subsection with \n respect to losses to an insurable commodity or \n noninsurable commodity if the producers on the farm--\n ``(i) in the case of an insurable \n commodity, did not obtain a policy or plan of \n insurance for the insurable commodity under \n this Act for the crop incurring the losses;\n ``(ii) in the case of a noninsurable \n commodity, did not file the required paperwork, \n and pay the administrative fee by the \n applicable State filing deadline, for the \n noninsurable commodity under section 196 of the \n Federal Agriculture Improvement and Reform Act \n of 1996 (7 U.S.C. 7333) for the crop incurring \n the losses;\n ``(iii) had adjusted gross incomes, as \n defined by section 1001D of the Food Security \n Act of 1985 (7 U.S.C. 1308-3a), of greater than \n $2,500,000 in 2003; or\n ``(iv) were not in compliance with highly \n erodible land conservation and wetland \n conservation provisions.\n ``(B) Contract waiver.--The Secretary may waive \n subparagraph (A) with respect to the producers on a \n farm if the producers enter into a contract with the \n Secretary under which the producers agree--\n ``(i) in the case of an insurable \n commodity, to obtain a policy or plan of \n insurance under this Act providing additional \n coverage for the insurable commodity for each \n of the next 2 crops, at a level of coverage \n equal to or greater than 60 percent; and\n ``(ii) in the case of a noninsurable \n commodity, to file the required paperwork and \n pay the administrative fee by the applicable \n State filing deadline, for the noninsurable \n commodity for each of the next 2 crops under \n section 196 of the Federal Agriculture \n Improvement and Reform Act of 1996 (7 U.S.C. \n 7333).\n ``(C) Effect of violation.--In the event of the \n violation of a contract under subparagraph (B) by a \n producer, the producer shall reimburse the Secretary \n for the full amount of the assistance provided to the \n producer under this subsection.\n ``(c) Livestock Assistance Program.--\n ``(1) Emergency financial assistance.--The Secretary shall \n use such sums as are necessary of funds of the Commodity Credit \n Corporation to make and administer payments for livestock \n losses of eligible applicants due to a disaster, as determined \n by the Secretary.\n ``(2) Eligible applicants.--In carrying out the program \n described in paragraph (1), the Secretary shall provide \n assistance to any applicant that--\n ``(A)(i) conducts a livestock operation that is \n located in a federally declared disaster area, \n including any applicant conducting a livestock \n operation with eligible livestock (within the meaning \n of the livestock assistance program under section \n 101(b) of division B of Public Law 108-324 (118 Stat. \n 1234)); or\n ``(ii) produces an animal described in section \n 10806(a)(1) of the Farm Security and Rural Investment \n Act of 2002 (21 U.S.C. 321d(a)(1)); and\n ``(B) meets all other eligibility requirements \n established by the Secretary for the program.\n ``(3) Administration.--The Secretary shall make assistance \n available under this subsection in the same manner as provided \n under section 806 of the Agriculture, Rural Development, Food \n and Drug Administration, and Related Agencies Appropriations \n Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).\n ``(4) Mitigation.--In determining the eligibility for or \n amount of payments for which a producer is eligible under the \n livestock assistance program, the Secretary shall not penalize \n a producer that takes actions (recognizing disaster conditions) \n that reduce the average number of livestock the producer owned \n for grazing during the production year for which assistance is \n being provided.\n ``(d) Livestock Indemnity Program.--\n ``(1) In general.--The Secretary shall use such sums as are \n necessary of funds of the Commodity Credit Corporation to carry \n out a livestock indemnity program for livestock losses of \n eligible applicants in federally declared disaster areas, as \n determined by the Secretary.\n ``(2) Administration.--The Secretary shall make assistance \n available under this subsection in the same manner as provided \n under section 3012(b) of the Emergency Agricultural Disaster \n Assistance Act of 2006 (Public Law 109-234; 120 Stat. 476).\n ``(3) Limitation on assistance.--A producer may apply for \n assistance under this subsection or subsection (c), but not \n both.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated such amounts as are necessary to reimburse the Commodity \nCredit Corporation for funds expended by the Secretary under this \nsection.\n ``(f) Effective Date.--This section applies to the 2007 and \nsubsequent crop years.''.","summary":"Reliable Farm Safety Net Act - Amends the Federal Crop Insurance Act to establish permanent authority for the Secretary of Agriculture to provide disaster relief to qualifying agricultural producers who incur crop or livestock losses as a result of damaging weather or related condition in federally declared disaster areas.","title":"A bill to amend the Federal Crop Insurance Act to establish permanent authority for the Secretary of Agriculture to quickly provide disaster relief to agricultural producers that incur crop or livestock losses as a result of damaging weather or related condition in federally declared disaster areas, and for other purposes.","text_len":8796,"sum_len":324} {"bill_id":"111_hr4102","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.; \n Public Law 96-8) is the cornerstone of relations between the \n United States and Taiwan, which is also governed by the three \n joint communiques and the Six Assurances.\n (2) The Taiwan Relations Act has governed United States \n arms sales to Taiwan since 1979, when the United States \n extended diplomatic recognition to the People's Republic of \n China.\n (3) The Taiwan Relations Act specifies that it is United \n States policy, among other things, to consider any nonpeaceful \n means to determine Taiwan's future ``a threat'' to the peace \n and security of the Western Pacific and of ``grave concern'' to \n the United States, ``to provide Taiwan with arms of a defensive \n character'', and ``to maintain the capacity of the United \n States to resist any resort to force or other forms of \n coercion'' jeopardizing the security or social or economic \n system of Taiwan's people.\n (4) Section 3(a) of the Taiwan Relations Act states that \n ``the United States will make available to Taiwan such defense \n articles and defense services in such quantity as may be \n necessary to enable Taiwan to maintain a sufficient self-\n defense capability''.\n (5) Section 3(b) of the Taiwan Relations Act stipulates \n that both the President and the Congress shall determine the \n nature and quantity of such defense articles and services \n ``based solely'' upon their judgment of the needs of Taiwan.\n (6) Taiwan in March 2009 issued its first Quadrennial \n Defense Review, a robust, defense-oriented strategy that aims \n to shape the regional security environment and deter conflict \n while transforming the military into a leaner, more efficient \n fighting force with sustainable capabilities, thereby helping \n to demonstrate that Taiwan has the resolve and commitment to \n successfully strengthen its own defenses.\n (7) According to the Congressional Research Service, the \n executive branch has yet to send any arms transfer \n notifications to Congress for Taiwan during calendar year 2009, \n including notifications for Blackhawk helicopters, diesel \n submarine design, and additional Patriot PAC-3 systems, nor has \n it yet transferred the OSPREY class minehunter coastal ships \n ORIOLE (MHC-55) and FALCON (MHC-59), even though Congress \n authorized the sale of these ships in calendar 2008 in the \n Consolidated Natural Resources Act of 2008 (Public Law 110-\n 229).\n (8) Taiwanese President Ma Ying-jeou has reiterated his \n administration's desire to acquire United States built F-16 C\/\n Ds and other weapons on many public occasions, including in an \n April 22 address to the United States by teleconference to mark \n the 30th anniversary of the Taiwan Relations Act and a \n statement issued during a May 26 transit stop in the United \n States on his way to Central America for a diplomatic visit.\n (9) Taiwanese President Ma Ying-jeou also stated on October \n 2, 2009, that ``Although there are pragmatic improvements in \n cross-strait ties, this doesn't mean we can let our guard \n down.''.\n (10) As highlighted in the March 2009 Department of Defense \n annual report to Congress on China's military, ``China's armed \n forces are rapidly developing coercive capabilities . . . \n [that] could in the future be used to pressure Taiwan toward a \n settlement of the cross-Strait dispute on Beijing's terms while \n simultaneously attempting to deter, delay, or deny any possible \n U.S. support for the island in case of conflict.''.\n\nSEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.\n\n (a) Briefings.--Not later than 90 days after the date of the \nenactment of this Act and at least annually thereafter, the Secretary \nof State, in consultation with the Secretary of Defense, shall provide \ndetailed briefings to Congress on--\n (1) any discussions conducted between any executive branch \n agency and the Government of Taiwan during the covered period; \n and\n (2) any potential transfer of defense articles or defense \n services to the Government of Taiwan.\n (b) Definitions.--In this section:\n (1) Covered period.--The term ``covered period'' means, \n with respect to--\n (A) the initial briefing required under subsection \n (a), the period beginning on the date of the enactment \n of this Act and ending on the date of such initial \n briefing; and\n (B) subsequent briefings required under such \n subsection, the period beginning on the day after the \n date of the most recent briefing and ending on the date \n of any such subsequent briefing.\n (2) Executive branch agency.--The term ``executive branch \n agency'' has the meaning given the term ``agency'' in section \n 551(1) of title 5, United States Code.\n (3) Defense article.--The term ``defense article'' has the \n meaning given the term in section 47 of the Arms Export Control \n Act (22 U.S.C. 2794).\n (4) Defense service.--The term ``defense service'' has the \n meaning given the term in section 47 of the Arms Export Control \n Act (22 U.S.C. 2794).","summary":"Directs the Secretary of State to provide briefings to Congress at least once a year regarding: (1) discussions conducted between any executive branch agency and the government of Taiwan. And (2) potential defense article or defense service transfers to the government of Taiwan.","title":"To require the Secretary of State, in consultation with the Secretary of Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government of Taiwan and any potential transfer of defense articles or defense services to the Government of Taiwan, and for other purposes.","text_len":5744,"sum_len":279} {"bill_id":"113_hr2911","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wireless Microphone Users \nInterference Protection Act of 2013''.\n\nSEC. 2. ELIGIBILITY FOR PART 74 LICENSES.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Federal Communications Commission shall take such actions as are \nnecessary to expand eligibility for licenses under section 74.832 of \ntitle 47, Code of Federal Regulations, to the owners of, and operators \nof events and performances at, the following sites:\n (1) Amusement parks.\n (2) Arenas.\n (3) Convention centers.\n (4) Educational facilities.\n (5) Houses of worship.\n (6) Lodging facilities.\n (7) Museums.\n (8) Outdoor venues.\n (9) Recording studios.\n (10) Theaters.\n\nSEC. 3. EXPANDING SCOPE OF SERVICE RULE.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Federal Communications Commission shall expand the scope of service \nand permissible transmissions currently set forth in section 74.831 of \ntitle 47, Code of Federal Regulations, to include the use of wireless \nmicrophones in rehearsals and live or recorded events and performances \nby the persons and entities made eligible for licenses pursuant to \nsection 2 of this Act.\n\nSEC. 4. SAFE HAVEN CHANNELS.\n\n The Federal Communications Commission shall establish 2 safe haven \nchannels for exclusive use by wireless microphone users that are each 6 \nMHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other \nthan frequencies identified as guard bands and the mid-band gap between \nthe frequencies designated for uplink and downlink service in auctioned \n600 MHz spectrum.\n\nSEC. 5. ACCESS TO TV BANDS DATABASES.\n\n (a) Authorization.--The Federal Communications Commission shall \nauthorize the owners and operators of wireless microphones (and their \nappointed technical representatives) to have access to the TV bands \ndatabases described in subpart H of part 15 of title 47, Code of \nFederal Regulations, for the purpose of protecting wireless microphone \noperations from interference.\n (b) Registration Sites.--Sites that may be registered in the TV \nbands databases as sites where wireless microphone operations shall be \nprotected pursuant to subsection (a) include the following:\n (1) Amusement parks.\n (2) Arenas.\n (3) Convention centers.\n (4) Educational facilities.\n (5) Houses of worship.\n (6) Lodging facilities.\n (7) Museums.\n (8) Outdoor venues.\n (9) Recording studios.\n (10) Restaurants.\n (11) Theaters.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) Amusement park.--The term ``amusement park'' means a \n commercially operated park equipped with various recreational \n devices, entertainment, and typically booths for games and the \n sale of food and drink.\n (2) Arena.--The term ``arena'' means any building or \n structure primarily used for an athletic contest, sporting \n event, or musical performance, such as a stadium or racetrack.\n (3) Convention center.--The term ``convention center'' \n means any civic building or group of buildings designed for \n events, such as conventions, industrial shows, and exhibitions, \n and which often includes an auditorium, a conference or meeting \n room, hotel accommodations, a restaurant, or other facilities.\n (4) Educational facility.--The term ``educational \n facility'' means any building, place, or institution where \n instruction to students is provided, including any daycare \n center, nursery school, public or private school, college or \n university, career or technical education school, or corporate \n training center.\n (5) House of worship.--The term ``house of worship'' means \n any building, place, or institution devoted to religious \n worship, including a church, synagogue, temple, mosque, or \n chapel.\n (6) Lodging facility.--The term ``lodging facility'' means \n any individual hotel, motel, or inn that makes accommodation \n available on a temporary basis for a charge.\n (7) Museum.--The term ``museum'' means a building, place, \n or institution devoted to the procurement, care, study, and \n display of works of art, scientific specimens, and other \n objects of lasting interest or value.\n (8) Outdoor venue.--The term ``outdoor venue'' means any \n outdoor place or area where a fair, concert, sporting event, \n circus, festival, exhibition, or civic ceremony or presentation \n is held, such as a fairground, golf course, or pavilion. Such \n term includes a place or area that is partially enclosed.\n (9) Recording studio.--The term ``recording studio'' means \n any facility used primarily for the commercial production or \n recording of live or prerecorded music, television, motion \n picture, or other kind of news, sports, entertainment, \n educational, or religious programming.\n (10) Restaurant.--The term ``restaurant'' means an \n establishment where meals may be purchased and consumed.\n (11) Theater.--The term ``theater'' means any place, \n building, enclosure, or structure with a seating capacity that \n is used for a dramatic performance, stage entertainment, \n musical performance, or motion picture show.\n (12) Wireless microphone.--The term ``wireless microphone'' \n means a low power auxiliary station, as defined in subpart H of \n part 74 of title 47, Code of Federal Regulations, as of the \n date of enactment of this Act.","summary":"Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.","title":"Wireless Microphone Users Interference Protection Act of 2013","text_len":5937,"sum_len":1136} {"bill_id":"105_hr986","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workplace Integrity Act''.\n\nSEC. 2. LIMITATIONS RELATING TO THE USE OF OFFICIAL TIME BY FEDERAL \n EMPLOYEES.\n\n Section 7131 of title 5, United States Code, is amended to read as \nfollows:\n``Sec. 7131. Official time\n ``(a) Except as otherwise provided in this section, an employee may \nnot be granted official time in connection with any matter covered by \nthis chapter.\n ``(b)(1) Subject to subsection (c), official time may be granted--\n ``(A) to an employee representing an exclusive \n representative, but only for a purpose allowable under \n paragraph (2); or\n ``(B) to an employee in a unit represented by an exclusive \n representative (in a circumstance not covered by subparagraph \n (A)), but only for a purpose allowable under paragraph (3).\n ``(2) Official time may not be granted under paragraph (1)(A) to \nany employee, except--\n ``(A) to allow such employee--\n ``(i) to present or process a grievance on behalf \n of an employee in a unit represented by the exclusive \n representative; or\n ``(ii) to be present during a grievance proceeding \n involving an employee in a unit represented by the \n exclusive representative; or\n ``(B) in connection with any consultation or meeting with \n management officials officially requested or approved by the \n agency.\n ``(3) Official time may not be granted under paragraph (1)(B) to \nany employee, except--\n ``(A) to allow such employee to present a grievance on the \n employee's own behalf under a negotiated grievance procedure; \n or\n ``(B) in connection with any consultation or meeting with \n management officials officially requested or approved by the \n agency.\n ``(c)(1) Official time under subsection (b) may be granted in any \namount that the agency and the exclusive representative involved agree \nto be reasonable, necessary, and in the public interest, but only to \nthe extent that, with respect to any employee, it would not cause the \nratio of--\n ``(A) the total amount of official time granted to such \n employee under subsection (b) for use during any period \n (specified under paragraph (2)), over\n ``(B) the total amount of time such employee would \n otherwise normally be in duty status during that same period \n (determined as if no official time had been granted for use \n during such period),\nto exceed 50 percent.\n ``(2) In order to carry out this subsection, the Authority shall by \nregulation specify an appropriate period of time, which--\n ``(A) shall not exceed 12 months in duration; and\n ``(B) shall be uniformly applied by all agencies.\n ``(d) The Authority shall determine whether any employee \nparticipating for, or on behalf of, a labor organization in any phase \nof proceedings before the Authority shall be authorized official time \nfor such purpose during the time the employee otherwise would be in a \nduty status.\n ``(e) Nothing in this section shall be considered to constitute \nauthority for any official time to be granted to an employee for \npurposes of allowing such employee--\n ``(1) to represent an exclusive representative in the \n negotiation of a collective bargaining agreement under this \n chapter, including to attend an impasse proceeding; or\n ``(2) to engage in any activity relating to the internal \n business of a labor organization, including the solicitation of \n membership, elections of labor organization officials, and \n collection of dues.\nAny activities described in paragraph (1) or (2) shall be performed \nduring the time the employee is in a non-duty status.\n ``(f)(1) The Office of Personnel Management shall submit to the \nPresident and each House of the Congress, before March 1st of each \ncalendar year, a report on the use of official time under this section. \nEach such report shall include, in the aggregate and by agency, with \nrespect to the fiscal year last ending before the start of such \ncalendar year--\n ``(A) the total number of employees to whom official time \n was granted under this section;\n ``(B) the total number of employee-hours of official time \n granted under this section; and\n ``(C) the total costs attributable to official time granted \n under this section.\n ``(2) Agencies shall submit to the Office such data as the Office \nmay by regulation require in connection with any report under this \nsubsection.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act and the amendment made by this Act shall take effect as of \nthe first day of the first fiscal year beginning at least 6 months \nafter the date of the enactment of this Act, except that, whether or \nnot this Act is enacted earlier than 6 months before the first day of a \nfiscal year--\n (1) reports shall be required, in accordance with the \n provisions of section 7131(f) of title 5, United States Code \n (as set forth in section 2), beginning with the report next due \n under such provisions before the March 1st next occurring at \n least 5 months after the date of the enactment of this Act; and\n (2) for purposes of any report under paragraph (1) covering \n a fiscal year preceding the first fiscal year covered by \n subsections (a) through (e) of section 7131 of such title 5 (as \n amended by this Act)--\n (A) section 7131(f) of such title (as set forth in \n section 2) shall be treated as if in effect as of the \n date of the enactment of this Act; and\n (B) any reference in such section 7131(f) to ``this \n section'' shall be treated as a reference to section \n 7131 of such title, as in effect before the effective \n date of this Act.","summary":"Workplace Integrity Act - Amends Federal law to: (1) limit the amount of official time which may be used by Federal employees in connection with a grievance procedure. And (2) prohibit the use of official time by Federal employees in connection with the negotiation of a collective bargaining agreement. Directs the Office of Personnel Management (OPM) to submit to the President and each House of the Congress, before March 1 of each calendar year, a specified report on the use of official time under this Act. Requires that agencies shall submit to OPM such data as OPM may by regulation require in connection with any such report.","title":"Workplace Integrity Act","text_len":6147,"sum_len":634} {"bill_id":"107_hr2714","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Date Certain Tax Code Replacement \nAct''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to set a date certain for replacing the \nInternal Revenue Code of 1986 with a simple and fair alternative.\n\nSEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.\n\n (a) In General.--No tax shall be imposed by the Internal Revenue \nCode of 1986--\n (1) for any taxable year beginning after December 31, 2005; \n and\n (2) in the case of any tax not imposed on the basis of a \n taxable year, on any taxable event or for any period after \n December 31, 2005.\n (b) Exception.--Subsection (a) shall not apply to taxes imposed \nby--\n (1) chapter 2 of such Code (relating to tax on self-\n employment income);\n (2) chapter 21 of such Code (relating to Federal Insurance \n Contributions Act); and\n (3) chapter 22 of such Code (relating to Railroad \n Retirement Tax Act).\n\nSEC. 4. NATIONAL COMMISSION ON TAX REFORM AND\n SIMPLIFICATION.\n\n (a) Findings.--The Congress finds the following:\n (1) The Internal Revenue Code of 1986 is overly complex, \n imposes significant burdens on individuals and businesses and \n the economy, is extremely difficult for the Internal Revenue \n Service to administer, and is in need of fundamental reform and \n simplification.\n (2) Many of the problems encountered by taxpayers in \n dealing with the Internal Revenue Service could be eliminated \n or alleviated by fundamental reform and simplification.\n (3) The Federal Government's present fiscal outlook for \n continuing and sustained budget surpluses provides a unique \n opportunity for the Congress to consider measures for \n fundamental reform and simplification of the tax laws.\n (4) Recent efforts to simplify or reform the tax laws have \n not been successful due in part to the difficulty of developing \n broad-based, nonpartisan support for proposals to make such \n changes.\n (5) Many of the problems with the Internal Revenue Service \n stem from the overly complex tax code the agency is asked to \n administer.\n (b) Establishment.--\n (1) In general.--To carry out the purposes of this section, \n there is established within the legislative branch a National \n Commission on Tax Reform and Simplification (in this section \n referred to as the ``Commission'').\n (2) Composition.--The Commission shall be composed of 15 \n members, as follows:\n (A) Three members appointed by the President, two \n from the executive branch of the Government and one \n from private life.\n (B) Four members appointed by the majority leader \n of the Senate, one from Members of the Senate and three \n from private life.\n (C) Two members appointed by the minority leader of \n the Senate, one from Members of the Senate and one from \n private life.\n (D) Four members appointed by the Speaker of the \n House of Representatives, one from Members of the House \n and three from private life.\n (E) Two members appointed by the minority leader of \n the House of Representatives, one from Members of the \n House and one from private life.\n (3) Chair.--The Commission shall elect a Chair (or two Co-\n Chairs) from among its members.\n (4) Meetings, quorums, vacancies.--After its initial \n meeting, the Commission shall meet upon the call of the Chair \n(Co-Chairs, if elected) or a majority of its members. Nine members of \nthe Commission shall constitute a quorum. Any vacancy in the Commission \nshall not affect its powers, but shall be filled in the same manner in \nwhich the original appointment was made. Any meeting of the Commission \nor any subcommittee thereof may be held in executive session to the \nextent that the Chair (Co-Chairs, if elected) or a majority of the \nmembers of the Commission or subcommittee determine appropriate.\n (5) Continuation of membership.--If--\n (A) any individual who appointed a member to the \n Commission by virtue of holding a position described in \n paragraph (2) ceases to hold such position before the \n report of the Commission is submitted under subsection \n (g); or\n (B) a member was appointed to the Commission as a \n Member of Congress and the member ceases to be a Member \n of Congress, or was appointed to the Commission because \n the member was not an officer or employee of any \n government and later becomes an officer or employee of \n a government,\n that member may continue as a member for not longer than the \n 30-day period beginning on the date that such individual ceases \n to hold such position or such member ceases to be a Member of \n Congress or becomes such an officer or employee, as the case \n may be.\n (6) Appointment; initial meeting.--\n (A) Appointment.--It is the sense of the Congress \n that members of the Commission should be appointed not \n more than 60 days after the date of the enactment of \n this Act.\n (B) Initial meeting.--If, after 60 days from the \n date of the enactment of this Act, eight or more \n members of the Commission have been appointed, members \n who have been appointed may meet and select the Chair \n (or Co-Chairs) who thereafter shall have the authority \n to begin the operations of the Commission, including \n the hiring of staff.\n (c) Functions of the Commission.--\n (1) In general.--The functions of the Commission shall be--\n (A) to conduct, for a period of not to exceed 18 \n months from the date of its first meeting, the review \n described in paragraph (2); and\n (B) to submit to the Congress a report of the \n results of such review, including recommendations for \n fundamental reform and simplification of the Internal \n Revenue Code of 1986, as described in subsection (g).\n (2) Review.--The Commission shall review--\n (A) the present structure and provisions of the \n Internal Revenue Code of 1986, especially with respect \n to--\n (i) its impact on the economy (including \n the impact on savings, capital formation and \n capital investment);\n (ii) its impact on families and the \n workforce (including issues relating to \n distribution of tax burden);\n (iii) the compliance cost to taxpayers; and\n (iv) the ability of the Internal Revenue \n Service to administer such provisions;\n (B) whether tax systems imposed under the laws of \n other countries could provide more efficient and fair \n methods of funding the revenue requirements of the \n government;\n (C) whether the income tax should be replaced with \n a tax imposed in a different manner or on a different \n base; and\n (D) whether the Internal Revenue Code of 1986 can \n be simplified, absent wholesale restructuring or \n replacement thereof.\n (d) Powers of the Commission.--\n (1) In general.--The Commission or, on the authorization of \n the Commission, any subcommittee or member thereof, may, for \n the purpose of carrying out the provisions of this section, \n hold such hearings and sit and act at such times and places, \n take such testimony, receive such evidence, and administer such \n oaths, as the Commission or such designated subcommittee or \n designated member may deem advisable.\n (2) Contracting.--The Commission may, to such extent and in \n such amounts as are provided in appropriation Acts, enter into \n contracts to enable the Commission to discharge its duties \n under this section.\n (3) Assistance from federal agencies and offices.--\n (A) Information.--The Commission is authorized to \n secure directly from any executive department, bureau, \n agency, board, commission, office, independent \n establishment, or instrumentality of the Government, as \n well as from any committee or other office of the \n legislative branch, such information, suggestions, \n estimates, and statistics as it requires for the \n purposes of its review and report. Each such \n department, bureau, agency, board, commission, office, \n establishment, instrumentality, or committee shall, to \n the extent not prohibited by law, furnish such \n information, suggestions, estimates, and statistics \n directly to the Commission, upon request made by the \n Chair (Co-Chairs, if elected).\n (B) Treasury department.--The Secretary of the \n Treasury is authorized on a nonreimbursable basis to \n provide the Commission with administrative services, \n funds, facilities, staff, and other support services \n for the performance of the Commission's functions.\n (C) General services administration.--The \n Administrator of General Services shall provide to the \n Commission on a nonreimbursable basis such \n administrative support services as the Commission may \n request.\n (D) Joint committee on taxation.--The staff of the \n Joint Committee on Taxation is authorized on a \n nonreimbursable basis to provide the Commission with \n such legal, economic, or policy analysis, including \n revenue estimates, as the Commission may request.\n (E) Other assistance.--In addition to the \n assistance set forth in subparagraphs (A), (B), (C), \n and (D), departments and agencies of the United States \n are authorized to provide to the Commission such \n services, funds, facilities, staff, and other support \n services as they may deem advisable and as may be \n authorized by law.\n (4) Postal services.--The Commission may use the United \n States mails in the same manner and under the same conditions \n as departments and agencies of the United States.\n (5) Gifts.--The Commission may accept, use, and dispose of \n gifts or donations of services or property in carrying out its \n duties under this section.\n (e) Staff of the Commission.--\n (1) In general.--The Chair (Co-Chairs, if elected), in \n accordance with rules agreed upon by the Commission, may \n appoint and fix the compensation of a staff director and such \n other personnel as may be necessary to enable the Commission to \n carry out its functions without regard to the provisions of \n title 5, United States Code, governing appointments in the \n competitive service, and without regard to the provisions of \n chapter 51 and subchapter III or chapter 53 of such title \n relating to classification and General Schedule pay rates, \n except that no rate of pay fixed under this subsection may \n exceed the equivalent of that payable to a person occupying a \n position at level V of the Executive Schedule under section \n 5316 of title 5, United States Code. Any Federal Government \n employee may be detailed to the Commission without \n reimbursement from the Commission, and such detailee shall \n retain the rights, status, and privileges of his or her regular \n employment without interruption.\n (2) Consultant services.--The Commission is authorized to \n procure the services of experts and consultants in accordance \n with section 3109 of title 5, United States Code, but at rates \n not to exceed the daily rate paid a person occupying a position \n at level IV of the Executive Schedule under section 5315 of \n title 5, United States Code.\n (f) Compensation and Travel Expenses.--\n (1) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), each member of the Commission may be compensated \n at not to exceed the daily equivalent of the annual \n rate of basic pay in effect for a position at level IV \n of the Executive Schedule under section 5315 of title \n 5, United States Code, for each day during which that \n member is engaged in the actual performance of the \n duties of the Commission.\n (B) Exception.--Members of the Commission who are \n officers or employees of the United States or Members \n of Congress shall receive no additional pay on account \n of their service on the Commission.\n (2) Travel expenses.--While away from their homes or \n regular places of business in the performance of services for \n the Commission, members of the Commission shall be allowed \n travel expenses, including per diem in lieu of subsistence, in \n the same manner as persons employed intermittently in the \n Government service are allowed expenses under section 5703(b) \n of title 5, United States Code.\n (g) Report of the Commission; Termination.--\n (1) Report.--Not later than 18 months after the date of the \n first meeting of the Commission, the Commission shall submit a \n report to the Committee on Ways and Means of the House of \n Representatives and the Committee on Finance of the Senate. The \n report of the Commission shall describe the results of its \n review (as described in subsection (c)(2)), shall make such \n recommendations for fundamental reform and simplification of \n the Internal Revenue Code of 1986 as the Commission considers \n appropriate, and shall describe the expected impact of such \n recommendations on the economy and progressivity and general \n administrability of the tax laws.\n (2) Termination.--\n (A) In general.--The Commission, and all the \n authorities of this section, shall terminate on the \n date which is 90 days after the date on which the \n report is required to be submitted under paragraph (1).\n (B) Concluding activities.--The Commission may use \n the 90-day period referred to in subparagraph (A) for \n the purposes of concluding its activities, including \n providing testimony to committees of Congress \n concerning its report and disseminating that report.\n (h) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary for the activities of the \nCommission. Until such time as funds are specifically appropriated for \nsuch activities, $2,000,000 shall be available from fiscal year 2002 \nfunds appropriated to the Treasury Department, ``Departmental Offices'' \naccount, for the activities of the Commission, to remain available \nuntil expended.\n\nSEC. 5. TIMING OF IMPLEMENTATION.\n\n In order to ensure an easy transition and effective implementation, \nthe Congress hereby declares that any new Federal tax system shall be \napproved by Congress in its final form no later than July 4, 2005. If a \nnew Federal tax system is not so approved by July 4, 2005, then \nCongress shall be required to vote to reauthorize the Internal Revenue \nCode of 1986.","summary":"Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005. And (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income, (2) Federal Insurance Contributions Act. And (3) Railroad Retirement Tax Act . Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code. (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements. (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base. And (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report. Authorizes appropriations . Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code.","title":"To terminate the Internal Revenue Code of 1986.","text_len":16812,"sum_len":1287} {"bill_id":"112_s3191","text":"SECTION 1. HOV FACILITIES.\n\n (a) In General.--Section 166 of title 23, United States Code, is \namended to read as follows:\n``Sec. 166. HOV facilities\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Alternative fuel vehicle.--The term `alternative fuel \n vehicle' means a dedicated vehicle that is operating solely \n on--\n ``(A) methanol, denatured ethanol, or other \n alcohols;\n ``(B) a mixture containing at least 85 percent of \n methanol, denatured ethanol, and other alcohols by \n volume with gasoline or other fuels;\n ``(C) natural gas;\n ``(D) liquefied petroleum gas;\n ``(E) hydrogen;\n ``(F) fuels (except alcohol) derived from \n biological materials;\n ``(G) electricity (including electricity from solar \n energy); or\n ``(H) any other fuel that the Secretary prescribes \n by regulation that is not substantially petroleum and \n that would yield substantial energy security and \n environmental benefits, including fuels regulated under \n section 490 of title 10, Code of Federal Regulations \n (or successor regulations).\n ``(2) HOV facility.--The term `HOV facility' means a high \n occupancy vehicle facility.\n ``(3) Public transportation vehicle.--The term `public \n transportation vehicle' means a vehicle that--\n ``(A) provides designated public transportation (as \n defined in section 221 of the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12141)) or provides \n public school transportation (to and from public or \n private primary, secondary, or tertiary schools); and\n ``(B)(i) is owned or operated by a public entity;\n ``(ii) is operated under a contract with a public \n entity; or\n ``(iii) is operated pursuant to a license by the \n Secretary or a State agency to provide motorbus or \n school vehicle transportation services to the public.\n ``(4) State agency.--\n ``(A) In general.--The term `State agency', as used \n with respect to a HOV facility, means an agency of a \n State or local government having jurisdiction over the \n operation of the facility.\n ``(B) Inclusion.--The term `State agency' includes \n a State transportation department.\n ``(b) State Requirements.--\n ``(1) Authority of state agencies.--A State agency that has \n jurisdiction over the operation of a HOV facility shall \n establish the occupancy requirements of vehicles operating on \n the facility.\n ``(2) Occupancy requirement.--Except as otherwise provided \n by this section, no fewer than 2 occupants per vehicle may be \n required for use of a HOV facility.\n ``(c) Exceptions.--\n ``(1) In general.--Notwithstanding the occupancy \n requirement of subsection (b)(2), the exceptions in paragraphs \n (2) through (5) shall apply with respect to a State agency \n operating a HOV facility.\n ``(2) Motorcycles and bicycles.--\n ``(A) In general.--Subject to subparagraph (B), the \n State agency shall allow motorcycles and bicycles to \n use the HOV facility.\n ``(B) Safety exception.--\n ``(i) In general.--A State agency may \n restrict use of the HOV facility by motorcycles \n or bicycles (or both) if the agency certifies \n to the Secretary that such use would create a \n safety hazard and the Secretary accepts the \n certification.\n ``(ii) Acceptance of certification.--The \n Secretary may accept a certification under this \n subparagraph only after the Secretary publishes \n notice of the certification in the Federal \n Register and provides an opportunity for public \n comment.\n ``(3) Public transportation vehicles.--The State agency may \n allow public transportation vehicles to use the HOV facility if \n the agency establishes--\n ``(A) requirements for clearly identifying the \n vehicles; and\n ``(B) procedures for enforcing the restrictions on \n the use of the facility by the vehicles.\n ``(4) High occupancy toll vehicles.--The State agency may \n allow vehicles not otherwise exempt pursuant to this subsection \n to use the HOV facility if the operators of the vehicles pay a \n toll charged by the agency for use of the facility and the \n agency--\n ``(A) establishes a program that addresses how \n motorists can enroll and participate in the toll \n program;\n ``(B) develops, manages, and maintains a system \n that will automatically collect the toll; and\n ``(C) establishes policies and procedures--\n ``(i) to manage the demand to use the \n facility by varying the toll amount that is \n charged; and\n ``(ii) to enforce violations of use of the \n facility.\n ``(5) Alternative fuel vehicles and new qualified plug-in \n electric drive motor vehicles.--\n ``(A) Use of hov facilities.--For a period \n beginning not later than 1 year after the date of \n enactment of this section and ending on September 30, \n 2017, the State agency--\n ``(i) may allow alternative fuel vehicles \n and new qualified plug-in electric drive motor \n vehicles (as defined in section 30D(d)(1) of \n the Internal Revenue Code of 1986), to use HOV \n facilities in the State; and\n ``(ii) shall establish procedures for use \n in enforcing the restrictions on that use of \n HOV facilities by those vehicles.\n ``(B) Existing programs and procedures.--The State \n agency shall--\n ``(i) not later than 1 year after the date \n of enactment of this section, develop and \n publish in the Federal Register a plan for use \n in--\n ``(I) revising the HOV facility \n programs and procedures of the State \n agency to ensure that those programs \n and procedures are in compliance with \n this section; and\n ``(II) notifying the public of any \n upcoming changes in vehicle eligibility \n for HOV facility usage; and\n ``(ii) not later than 3 years after the \n date of enactment of this section, update HOV \n facility programs and procedures in accordance \n with the plan described in clause (i).\n ``(d) Requirements Applicable to Tolls.--\n ``(1) In general.--Notwithstanding sections 129 and 301, \n and except as provided in paragraph (2), tolls may be charged \n under subsection (c)(4).\n ``(2) Excess toll revenues.--If a State agency makes a \n certification under section 129(a)(3) with respect to toll \n revenues collected under subsection (c)(4), the State, in the \n use of toll revenues under subsection (c)(4), shall give \n priority consideration to projects for developing alternatives \n to single occupancy vehicle travel and projects for improving \n highway safety.\n ``(e) HOV Facility Management, Operation, Monitoring, and \nEnforcement.--\n ``(1) In general.--A State agency that allows vehicles to \n use a HOV facility under paragraph (4) or (5) of subsection (c) \n shall submit to the Secretary a report demonstrating that the \n facility is not already degraded, and that the presence of the \n vehicles will not cause the facility to become degraded, and \n certify that the agency will carry out the following \n responsibilities with respect to the facility:\n ``(A) Establishing, managing, and supporting a \n performance monitoring, evaluation, and reporting \n program for the HOV facility that provides for \n continuous monitoring, assessment, and reporting on the \n impacts that the vehicles may have on the operation of \n the facility and adjacent highways and submitting to \n the Secretary annual reports of those impacts.\n ``(B) Establishing, managing, and supporting an \n enforcement program that ensures that the HOV facility \n is being operated in accordance with this section.\n ``(C) Limiting or discontinuing the use of the HOV \n facility by the vehicles, whenever the operation of the \n facility is degraded, that requires such a limitation \n or discontinuation of use to apply first to vehicles \n using the HOV facility under subsection (c)(4) before \n applying to vehicles using the HOV facility under \n subsection (c)(5).\n ``(2) Maintenance of operating performance.--A facility \n that has become degraded shall be brought back into compliance \n with the minimum average operating speed performance standard \n by not later than 180 days after the date on which the \n degradation is identified through changes to operation, \n including the following:\n ``(A) Increase the occupancy requirement for HOVs.\n ``(B) Increase the toll charged for vehicles \n allowed under subsection (b) to reduce demand.\n ``(C) Charge tolls to any class of vehicle allowed \n under subsection (b) that is not already subject to a \n toll.\n ``(D) Limit or discontinue allowing vehicles under \n subsection (b).\n ``(E) Increase the available capacity of the HOV \n facility.\n ``(3) Compliance.--If the State fails to bring a facility \n into compliance under paragraph (2), the Secretary shall \n subject the State to appropriate program sanctions under \n section 1.36 of title 23, Code of Federal Regulations (or \n successor regulations), until the performance is no longer \n degraded.\n ``(4) Degraded facility.--\n ``(A) Definition of minimum average operating \n speed.--In this paragraph, the term `minimum average \n operating speed' means less than 65 percent of the HOV \n facility rated speed limit.\n ``(B) Standard for determining degraded facility.--\n For purposes of paragraph (1), the operation of a HOV \n facility shall be considered to be degraded if vehicles \n operating on the HOV facility are failing to maintain a \n minimum average operating speed 65 percent of the time \n over a consecutive 180-day period during morning or \n evening weekday peak hour periods (or both).''.\n (b) Sense of Congress.--It is the sense of Congress that the \nSecretary and the States should provide additional incentives \n(including the use of high occupancy vehicle lanes on State highways \nand routes on the Interstate System) for the purchase and use of \nadvanced technology and dedicated alternative fuel vehicles, which have \nbeen proven to minimize air emissions and decrease consumption of \nfossil fuels.","summary":"Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives for the purchase and use of advanced technology and dedicated alternative fuel vehicles.","title":"A bill to improve provisions of title 23, United States Code relating to the use of HOV facilities.","text_len":12761,"sum_len":1155} {"bill_id":"113_hr4549","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strong Forests Grow Strong \nCommunities Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Annual volume requirement.--\n (A) In general.--The term ``annual volume \n requirement'', with respect to a unit of the National \n Forest System, means a volume of national forest \n materials no less than 50 percent of the sustained \n yield of the unit.\n (B) Exclusions.--In determining the volume of \n national forest materials or the sustained yield of a \n Forest Reserve Revenue Area, the Secretary may not \n include non-commercial post and pole sales and personal \n use firewood.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Agriculture and the Committee \n on Natural Resources of the House of Representatives; \n and\n (B) the Committee on Agriculture, Nutrition, and \n Forestry and the Committee on Energy and Natural \n Resources of the Senate.\n (3) National forest materials.--The term ``national forest \n materials'' has the meaning given that term in section 14(e)(1) \n of the National Forest Management Act of 1976 (16 U.S.C. \n 472a(e)(1)).\n (4) National forest system.--The term ``National Forest \n System'' has the meaning given that term in section 11(a) of \n the Forest and Rangeland Renewable Resources Planning Act of \n 1974 (16 U.S.C. 1609(a)), except that the term does not include \n the National Grasslands and land utilization projects \n designated as National Grasslands administered pursuant to the \n Act of July 22, 1937 (7 U.S.C. 1010-1012).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (6) Sustained yield.--The term ``sustained yield'' means \n the maximum annual growth potential of the forest calculated on \n the basis of the culmination of mean annual increment using \n cubic measurement.\n (7) State.--The term ``State'' includes the Commonwealth of \n Puerto Rico.\n\nSEC. 3. ANNUAL VOLUME REQUIREMENT.\n\n (a) Publication.--Not later than 30 days after the date of the \nenactment of this Act, the Secretary shall publish in the Federal \nRegister, make available on the website of the Forest Service, and \nsubmit to the appropriate congressional committees the annual volume \nrequirement for each unit of the National Forest System.\n (b) Revision.--Upon publication of the annual volume requirement \nfor a unit of the National Forest System under subsection (a), the \nSecretary may not reduce the annual volume requirement for that unit \nwithout the consent of Congress in a law enacted after the date of the \nenactment of this Act.\n\nSEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL \n VOLUME REQUIREMENTS.\n\n (a) Requirement To Achieve Annual Volume Requirement.--The \nSecretary shall manage the sale of national forest materials in each \nunit of the National Forest System in the manner necessary so that the \nannual volume requirement for that unit is met each calendar year.\n (b) Application of Land and Resource Management Plan.--The \nSecretary may modify the standards and guidelines contained in the land \nand resource management plan for a unit of the National Forest System \nas necessary so as to meet the annual volume requirement for that unit.\n (c) Compliance With Endangered Species Act.--\n (1) Non-jeopardy assessment.--If the Secretary determines \n that a sale of national forest materials may affect the \n continued existence of any species listed as endangered or \n threatened under section 4 of the Endangered Species Act of \n 1973 (16 U.S.C. 1533), the Secretary shall issue a \n determination explaining the view of the Secretary that the \n proposed sale is not likely to jeopardize the continued \n existence of the species.\n (2) Submission, review, and response.--\n (A) Submission.--The Secretary shall submit a \n determination issued by the Secretary under paragraph \n (1) to the Secretary of the Interior or the Secretary \n of Commerce, as appropriate.\n (B) Review and response.--Within 30 days after \n receiving a determination under subparagraph (A), the \n Secretary of the Interior or the Secretary of Commerce, \n as appropriate, shall provide a written response to the \n Secretary concurring in or rejecting the Secretary's \n determination. If the Secretary of the Interior or the \n Secretary of Commerce rejects the determination, the \n written response shall include recommendations for \n measures that--\n (i) will avoid the likelihood of jeopardy \n to an endangered or threatened species;\n (ii) can be implemented in a manner \n consistent with the intended purpose of the \n sale;\n (iii) can be implemented consistent with \n the scope of the Secretary's legal authority \n and jurisdiction; and\n (iv) are economically and technologically \n feasible.\n (3) Formal consultation.--If the Secretary of the Interior \n or the Secretary of Commerce rejects a determination issued by \n the Secretary under paragraph (1), the Secretary of the \n Interior or the Secretary of Commerce also is required to \n engage in formal consultation with the Secretary. The \n Secretaries shall complete such consultation pursuant to \n section 7 of the Endangered Species Act of 1973 (16 U.S.C. \n 1536) within 90 days after the submission of the written \n response under paragraph (2).\n\nSEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL \n VOLUME REQUIREMENTS ARE NOT MET.\n\n (a) Request by State To Manage Unit.--\n (1) Submission of request; when authorized.--If the \n Secretary fails to meet the annual volume requirement for a \n unit of the National Forest System for five calendar years, \n whether consecutively or over a longer than five-year period, \n the State in which the unit is located may submit to the \n Secretary a request to enter into a cooperative agreement with \n the Secretary for purposes of managing the unit.\n (2) Role of political subdivisions.--A State that \n undertakes the management of a unit of the National Forest \n System under this section may conduct such management directly, \n through an agreement with a political subdivision of the State \n in which National Forest System lands of that unit are located, \n or through contracts with third parties.\n (3) Treatment of units located in multiple states.--If a \n unit of the National Forest System is located in more than one \n State, a State's request under paragraph (1) shall cover only \n those National Forest System lands of that unit located in that \n State.\n (b) Approval of Request.--Not later than 90 days after the date on \nwhich the Secretary receives the request under subsection (a), the \nSecretary shall approve the request and enter into the cooperative \nagreement unless the Secretary determines that--\n (1) the State has failed to demonstrate that it has \n sufficient funds to manage the unit of the National Forest \n System for the production of national forest materials;\n (2) the request is incomplete; or\n (3) the proposed cooperative agreement submitted with the \n request fails to address all of the items specified in \n subsection (f).\n (c) Opportunity To Amend Request.--\n (1) Notice of denial.--If the Secretary denies a request \n received under subsection (a) on the basis of one or more of \n the reasons authorized by subsection (b), the Secretary shall \n provide the State with a clear and comprehensive statement of--\n (A) the reasons why the request was denied; and\n (B) any deficiencies in the request or the related \n proposed cooperative agreement.\n (2) Resubmission.--After receiving a notice from the \n Secretary under paragraph (1), a State may amend and resubmit \n the denied request.\n (d) Request and Cooperative Agreement Deemed Approved.--If the \nSecretary does not approve or deny a request submitted under subsection \n(a) or (c)(2) within the 90 days after receiving the request, the \nrequest and the proposed cooperative agreement submitted with the \nrequest shall be deemed approved.\n (e) Request Contents.--A request submitted under subsection (a) \nshall include--\n (1) a letter signed by the Governor of the State addressed \n to the Secretary that identifies the unit of the National \n Forest System that the State will manage for the production of \n national forest materials;\n (2) the proposed cooperative agreement for State management \n of the unit;\n (3) the proposed role of political subdivisions of the \n State in the management of National Forest System lands of the \n unit located within the political subdivisions; and\n (4) documentation that demonstrates the ability of the \n State to provide sufficient funds to manage the unit for the \n duration of the cooperative agreement.\n (f) Elements of Cooperative Agreement.--The cooperative agreement \nentered into by the Secretary and the Governor of a State for the \nmanagement of a unit of the National Forest System shall address the \nfollowing:\n (1) The State's management of the unit after the effective \n date of the transfer of management to the State for a specified \n term of years.\n (2) A cost-sharing agreement under which the State will \n provide a certain amount (equal to not less than 50 percent), \n in cash or in-kind, of the total amount required for the \n management of the unit.\n (3) The amount to be contributed by the State shall be \n determined by the Governor of the State and the Secretary, only \n after the Secretary submits to the State a categorical \n assessment of all costs, in the recent past and anticipated \n during the duration of the cooperative agreement, of managing \n the unit, including employee salary data.\n (4) In the event of a natural disaster, as categorized by \n the Federal Emergency Management Agency, the State shall assume \n authority over recovery initiatives (nullifying any existing \n established Federal response protocol) so that--\n (A) the cost of damages to any structure on the \n unit be shared by both State and Federal entities at a \n ratio in accordance to the cost-sharing agreement; and\n (B) the cost and administration of repair of \n damages resulting from natural disasters, not including \n structures referred to in subparagraph (A), shall be \n assumed by the State rather than the Federal \n Government.\n (5) All revenue accrued from fees, royalties, and other \n revenues related to the unit shall be distributed to the State \n and Federal entities in accordance to the percentages dictated \n by the cost-sharing agreement and shall be used so that the \n percentage of funds designated to the Federal entity shall be \n made available to the Secretary for use at the sole discretion \n of the Secretary.\n (6) The procedures to be followed for purposes of the \n transition from Federal to State management of the unit, \n including--\n (A) a guarantee that all Federal employees managing \n the unit may remain employed without infringement upon \n their existing conditions of employment;\n (B) a guarantee that the State may use its \n percentage of the amounts required for the management \n of the unit to hire additional staff whose terms of \n employment shall be decided by the State; and\n (C) authority over the unit shall be directed by \n the State and a State-appointed manager, but the \n implementation of its directives may include the \n existing Federal superintendent concerned and performed \n in conjunction with State employees.\n (7) The transfer to the State of any special use permits \n issued to the Secretary with respect to the unit.\n (8) A provision stating that lands currently open to \n mineral entry under the Act of May 10, 1872 (commonly referred \n to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), \n shall remain open to mineral entry under State law unless \n subsequently changed by a State mineral closing order.\n (g) Applicability of State Law on Qualifying Federal Lands Under \nCooperative Agreement.--State environmental, wildlife, and land \nmanagement laws shall supercede Federal environmental, wildlife, and \nland management laws on a unit of the National Forest System managed by \na State under a cooperative agreement in place under this section.\n (h) Ownership.--Notwithstanding State management of a unit of the \nNational Forest System under a cooperative agreement entered into under \nthis section, the United States shall retain all right, title, and \ninterest in and to the National Forest System lands within the unit.\n (i) Termination of Cooperative Agreement.--A cooperative agreement \napplicable under this section shall terminate, at the discretion of the \nSecretary, under the following circumstances:\n (1) The State defaults on a payment, thereby requiring \n Federal entities to assume responsibility for the financial \n liabilities.\n (2) The State is in substantial breach of the cooperative \n agreement as determined by a court of the United States.\n (3) The cooperative agreement terminates under a term \n contained in that agreement.\n\nSEC. 6. ANNUAL REPORT.\n\n (a) Report Required.--Not later than 60 days after the end of each \ncalendar year, the Secretary shall submit to the appropriate \ncongressional committees an annual report specifying--\n (1) the annual volume requirement in effect for that \n calendar year for each unit of the National Forest System;\n (2) the units that did not meet the annual volume \n requirement;\n (3) the units under State management pursuant to section 5;\n (4) the volume of board feet actually harvested for each \n unit;\n (5) the average cost of preparation for sales of national \n forest materials; and\n (6) the revenues generated from such sales.\n (b) Form of Report.--In addition to submitting each report to \nCongress, the Secretary shall also make the report available on the \nwebsite of the Forest Service.","summary":"Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the quot, annual volume requirementquot. For an NFS unit as a volume of national forest materials that is at least 50 of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year. Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species. Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state. Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act.","title":"Strong Forests Grow Strong Communities Act of 2014","text_len":15931,"sum_len":1872} {"bill_id":"105_hr2685","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flat Alternative Individual Return \nTax Act of 1997''.\n\nSEC. 2. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX.\n\n (a) In General.--Part I of subchapter A of chapter 1 of the \nInternal Revenue Code of 1986 (relating to tax on individuals) is \namended by redesignating section 5 as section 6 and by inserting after \nsection 4 the following new section:\n\n``SEC. 5. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX.\n\n ``(a) Election.--In lieu of the tax imposed by sections 1 and 55, \nan individual may elect to be subject to the tax imposed by this \nsection.\n ``(b) FAIR Tax Imposed.--In the case of an individual making an \nelection under subsection (a), there is hereby imposed on the FAIR \ntaxable income of such individual a tax equal to 20 percent of such \nFAIR taxable income.\n ``(c) FAIR Taxable Income.--For purposes of this section, the term \n`FAIR taxable income' means the excess of--\n ``(1) gross income minus the deductions specified by \n paragraph (1) of section 62(a), over\n ``(2) the FAIR standard deduction.\n ``(d) FAIR Standard Deduction.--\n ``(1) In general.--For purposes of this section, the term \n `FAIR standard deduction' means the sum of--\n ``(A) the basic standard deduction, plus\n ``(B) the additional standard deduction.\n ``(2) Basic standard deduction.--For purposes of paragraph \n (1), the basic standard deduction is--\n ``(A) $21,400 in the case of--\n ``(i) a joint return, or\n ``(ii) a surviving spouse (as defined in \n section 2(a)),\n ``(B) $14,000 in the case of a head of household \n (as defined in section 2(b)), and\n ``(C) $10,700 in the case of an individual--\n ``(i) who is not married and who is not a \n surviving spouse or head of household, or\n ``(ii) who is a married individual filing a \n separate return.\n ``(3) Additional standard deduction.--For purposes of \n paragraph (1), the additional standard deduction is $5,000 for \n each dependent (as defined in section 152) who is described in \n section 151(c)(1) for the taxable year and who is not required \n to file a return for such taxable year.\n ``(e) Income of Certain Children.--For purposes of this section--\n ``(1) an individual's taxable income shall include the \n taxable income of each dependent child of such individual who \n has not attained age 14 as of the close of such taxable year, \n and\n ``(2) such dependent child shall have no liability for tax \n imposed by this section with respect to such income and shall \n not be required to file a return for such taxable year.\n ``(f) Inflation Adjustment.--\n ``(1) In general.--In the case of any taxable year \n beginning in a calendar year after 1998, each dollar amount \n contained in subsection (d) shall be increased by an amount \n determined by the Secretary to be equal to--\n ``(A) such dollar amount, multiplied by\n ``(B) the cost-of-living adjustment for such \n calendar year.\n ``(2) Cost-of-living adjustment.--For purposes of paragraph \n (1), the cost-of-living adjustment for any calendar year is the \n percentage (if any) by which--\n ``(A) the CPI for the preceding calendar year, \n exceeds\n ``(B) the CPI for the calendar year 1997.\n ``(3) CPI for any calendar year.--For purposes of paragraph \n (2), the CPI for any calendar year is the average of the \n Consumer Price Index as of the close of the 12-month period \n ending on August 31 of such calendar year.\n ``(4) Consumer price index.--For purposes of paragraph (3), \n the term `Consumer Price Index' means the last Consumer Price \n Index for all-urban consumers published by the Department of \n Labor. For purposes of the preceding sentence, the revision of \n the Consumer Price Index which is most consistent with the \n Consumer Price Index for calendar year 1986 shall be used.\n ``(5) Rounding.--If any increase determined under paragraph \n (1) is not a multiple of $10, such increase shall be rounded to \n the next highest multiple of $10.\n ``(g) Married Couple Must File Joint Return.--\n ``(1) In general.--Except in the case of a husband and wife \n who live apart at all times during the taxable year, if the \n taxpayer is married at the close of the taxable year, an \n election under subsection (a) shall be made only if the \n taxpayer and his spouse file a joint return for the taxable \n year.\n ``(2) Marital status.--For purposes of this section, \n marital status shall be determined under section 7703.''\n (b) Conforming Amendment.--The table of sections for part I of \nsubchapter A of chapter 1 of such Code is amended by striking the item \nrelating to section 5 and inserting after the item relating to section \n4 the following new items:\n\n ``Sec. 5. Flat alternative individual \n return tax.\n ``Sec. 6. Cross references relating to \n tax on individuals.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1997.\n\nSEC. 3. SUPERMAJORITY REQUIRED.\n\n (a) In General.--It shall not be in order in the House of \nRepresentatives or the Senate to consider any bill, joint resolution, \namendment thereto, or conference report thereon that includes any \nprovision that--\n (1) increases the FAIR tax rate (as specified in subsection \n (b) of section 5 of the Internal Revenue Code of 1986, as added \n by this Act),\n (2) creates any additional FAIR income tax rate (related to \n the alternative tax imposed by such section 5), or\n (3) reduces the FAIR standard deduction (as defined in \n subsection (d) of such section 5).\n (b) Waiver or Suspension.--This section may be waived or suspended \nin the House of Representatives or the Senate only by the affirmative \nvote of three-fifths of the Members, duly chosen and sworn.","summary":"Flat Alternative Individual Return Tax Act of 1997 - Amends the Internal Revenue Code to allow an individual to pay, instead of the tax otherwise due under the Code, a tax equal to 20 percent of FAIR taxable income. Defines such income as gross income minus specified deductions over the FAIR standard deduction. Defines such deduction.","title":"Flat Alternative Individual Return Tax Act of 1997","text_len":6661,"sum_len":336} {"bill_id":"111_hr824","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family and Medical Leave Enhancement \nAct of 2009''.\n\nSEC. 2. ELIGIBLE EMPLOYEE.\n\n Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 \n(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each \nplace it appears and inserting ``fewer than 25''.\n\nSEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL \n INVOLVEMENT AND FAMILY WELLNESS.\n\n (a) Leave Requirement.--Section 102(a) of the Family and Medical \nLeave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end \nthe following new paragraph:\n ``(5) Entitlement to additional leave for parental \n involvement and family wellness.--\n ``(A) In general.--Subject to subparagraph (B) and \n section 103(g), an eligible employee shall be entitled \n to leave under this paragraph to--\n ``(i) participate in or attend an activity \n that is sponsored by a school or community \n organization and relates to a program of the \n school or organization that is attended by a \n son or daughter or a grandchild of the \n employee; or\n ``(ii) meet routine family medical care \n needs, including for medical and dental \n appointments of the employee or a son, \n daughter, spouse, or grandchild of the \n employee, or to attend to the care needs of \n elderly individuals who are related to the \n eligible employee, including visits to nursing \n homes and group homes.\n ``(B) Limitations.--\n ``(i) In general.--An eligible employee is \n entitled to--\n ``(I) not to exceed 4 hours of \n leave under this paragraph during any \n 30-day period; and\n ``(II) not to exceed 24 hours of \n leave under this paragraph during any \n 12-month period.\n ``(ii) Coordination rule.--Leave under this \n paragraph shall be in addition to any leave \n provided under any other paragraph of this \n subsection.\n ``(C) Definitions.--As used in this paragraph:\n ``(i) School.--The term `school' means an \n elementary school or secondary school (as such \n terms are defined in section 9101 of the \n Elementary and Secondary Education Act of 1965 \n (20 U.S.C. 7801)), a Head Start program \n assisted under the Head Start Act (42 U.S.C. \n 9831 et seq.), or a child care facility.\n ``(ii) Community organization.--The term \n `community organization' means a private \n nonprofit organization that is representative \n of a community or a significant segment of a \n community and provides activities for \n individuals described in subparagraph (A) or \n (B) of section 101(12), such as a scouting or \n sports organization.''.\n (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) \nis amended by inserting after the third sentence the following new \nsentence: ``Leave under subsection (a)(5) may be taken intermittently \nor on a reduced leave schedule.''.\n (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 \nU.S.C. 2612(d)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(C) Parental involvement leave and family \n wellness leave.--An eligible employee may elect, or an \n employer may require the employee, to substitute any of \n the accrued paid vacation leave, personal leave, or \n family leave of the employee for any leave under \n subsection (a)(5). In addition, an eligible employee \n may elect, or an employer may require the employee, to \n substitute any of the accrued paid medical or sick \n leave of the employee for leave provided under clause \n (ii) of subsection (a)(5)(A) for any part of the leave \n under such clause, except that nothing in this title \n shall require an employer to provide paid sick leave or \n paid medical leave in any situation in which such \n employer would not normally provide any such paid \n leave. If the employee elects or the employer requires \n the substitution of accrued paid leave for leave \n provided under subsection (a)(5)(A), the employer shall \n not restrict or limit this substitution or impose any \n additional terms and conditions on such leave that are \n more stringent on the employee than the terms and \n conditions set forth in this Act.''.\n (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is \namended by adding at the end the following new paragraph:\n ``(4) Notice relating to parental involvement and family \n wellness leave.--In any case in which an employee requests \n leave under paragraph (5) of subsection (a), the employee \n shall--\n ``(A) provide the employer with not less than 7 \n days' notice or as much notice as is practicable before \n the date the leave is to be taken, of the employee's \n intention to take leave under such paragraph; and\n ``(B) in the case of leave to be taken under \n subparagraph (A)(ii), make a reasonable effort to \n schedule the leave so as not to disrupt unduly the \n operations of the employer, subject to the approval of \n the health care provider involved (if any).''.\n (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is \namended by adding at the end the following new subsection:\n ``(g) Certification Related to Parental Involvement and Family \nWellness Leave.--An employer may require that a request for leave under \nsection 102(a)(5) be supported by a certification issued at such time \nand in such manner as the Secretary may by regulation prescribe.''.\n (g) Definition of Grandchild.--Section 101 of the Family and \nMedical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the \nend the following new paragraph:\n ``(14) Grandchild.--The term `grandchild' means a son or \n daughter of an employee's son or daughter.''.\n\nSEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL \n INVOLVEMENT AND FAMILY WELLNESS.\n\n (a) Leave Requirement.--Section 6382(a) of title 5, United States \nCode, is amended by adding at the end the following new paragraph:\n ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an \nemployee shall be entitled to leave under this paragraph to--\n ``(i) participate in or attend an activity that is \n sponsored by a school or community organization and relates to \n a program of the school or organization that is attended by a \n son or daughter or a grandchild of the employee; or\n ``(ii) meet routine family medical care needs, including \n for medical and dental appointments of a son, daughter, spouse, \n or grandchild of the employee, or to attend to the care needs \n of elderly individuals who are related to the eligible \n employee, including visits to nursing homes and group homes.\n ``(B)(i) An employee is entitled to--\n ``(I) not to exceed 4 hours of leave under this paragraph \n during any 30-day period; and\n ``(II) not to exceed 24 hours of leave under this paragraph \n during any 12-month period.\n ``(ii) Leave under this paragraph shall be in addition to any leave \nprovided under any other paragraph of this subsection.\n ``(C) For the purpose of this paragraph--\n ``(i) the term `school' means an elementary school or \n secondary school (as such terms are defined in section 9101 of \n the Elementary and Secondary Education Act of 1965), a Head \n Start program assisted under the Head Start Act, and a child \n care facility licensed under State law; and\n ``(ii) the term `community organization' means a private \n nonprofit organization that is representative of a community or \n a significant segment of a community and provides activities \n for individuals described in subparagraph (A) or (B) of section \n 6381(6), such as a scouting or sports organization.''.\n (b) Schedule.--Section 6382(b)(1) of such title is amended--\n (1) by inserting after the second sentence the following \n new sentence: ``Leave under subsection (a)(5) may be taken \n intermittently or on a reduced leave schedule.''; and\n (2) in the last sentence, by striking ``involved,'' and \n inserting ``involved (or, in the case of leave under subsection \n (a)(5), for purposes of any 30-day or 12-month period),''.\n (c) Substitution of Paid Leave.--Section 6382(d) of such title is \namended--\n (1) by inserting ``(1)'' after the subsection designation; \n and\n (2) by adding at the end the following:\n ``(2) An employee may elect to substitute for leave under \nsubsection (a)(5), any of the employee's accrued or accumulated annual \nor sick leave under subchapter I. If the employee elects to substitute \naccumulated annual or sick leave for leave provided under subsection \n(a)(5), the employing agency shall not restrict or limit this \nsubstitution or impose any additional terms and conditions on such \nleave that are more stringent on the employee than the terms and \nconditions set forth in this subchapter.''.\n (d) Notice.--Section 6382(e) of such title is amended by adding at \nthe end the following new paragraph:\n ``(3) In any case in which an employee requests leave under \nparagraph (5) of subsection (a), the employee shall--\n ``(A) provide the employing agency with not less than 7 \n days' notice, before the date the leave is to be taken, of the \n employee's intention to take leave under such paragraph; and\n ``(B) in the case of leave to be taken under subparagraph \n (A)(ii), make a reasonable effort to schedule the leave so as \n not to disrupt unduly the operations of the employer, subject \n to the approval of the health care provider involved (if \n any).''.\n (e) Certification.--Section 6383(f) of such title is amended by \nstriking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section \n6382(a)''.\n (f) Definition of Grandchild.--Section 6381 of title 5, United \nStates Code, is amended--\n (1) in paragraph (10), by striking ``and'' at the end;\n (2) in paragraph (11), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(12) the term `grandchild' means a son or daughter of an \n employee's son or daughter.''.","summary":"Family and Medical Leave Enhancement Act of 2009 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees , if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 . Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that are sponsored by a school or community organization. And (2) relate to a program of the school or organization that is attended by the employee's child or grandchild. Permits the use of such parental involvement leave to meet routine family medical care needs, including: (1) such employee's medical and dental appointments, or their spouse, child, or grandchild. And (2) the care needs of their related elderly individuals, including visits to nursing homes and group homes. Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave or paid medical or sick leave of the employee for any leave provided under this Act. Declares that nothing in this Act shall require an employer to provide paid sick leave or paid medical leave in situations where such employer would not normally provide any such paid leave. Imposes on the employee requesting leave certain notification requirements. Allows an employer to require certification supporting such requests. Applies the parental involvement and family wellness leave allowance to federal employees.","title":"To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities, and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes.","text_len":11844,"sum_len":1715} {"bill_id":"105_hr8","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Border Smog Reduction Act of 1998''.\n\nSEC. 2. AMENDMENT OF CLEAN AIR ACT.\n\n Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by \nadding at the end the following:\n ``(h) Vehicles Entering Ozone Nonattainment Areas.--\n ``(1) Authority regarding ozone inspection and maintenance \n testing.--\n ``(A) In general.--No noncommercial motor vehicle \n registered in a foreign country and operated by a United States \n citizen or by an alien who is a permanent resident of the \n United States, or who holds a visa for the purposes of \n employment or educational study in the United States, may enter \n a covered ozone nonattainment area from a foreign country \n bordering the United States and contiguous to the nonattainment \n area more than twice in a single calendar-month period, if \n State law has requirements for the inspection and maintenance \n of such vehicles under the applicable implementation plan in \n the nonattainment area.\n ``(B) Applicability.--Subparagraph (A) shall not apply if \n the operator presents documentation at the United States border \n entry point establishing that the vehicle has complied with \n such inspection and maintenance requirements as are in effect \n and are applicable to motor vehicles of the same type and model \n year.\n ``(2) Sanctions for violations.--The President may impose and \n collect from the operator of any motor vehicle who violates, or \n attempts to violate, paragraph (1) a civil penalty of not more than \n $200 for the second violation or attempted violation and $400 for \n the third and each subsequent violation or attempted violation.\n ``(3) State election.--The prohibition set forth in paragraph \n (1) shall not apply in any State that elects to be exempt from the \n prohibition. Such an election shall take effect upon the \n President's receipt of written notice from the Governor of the \n State notifying the President of such election.\n ``(4) Alternative approach.--The prohibition set forth in \n paragraph (1) shall not apply in a State, and the President may \n implement an alternative approach, if--\n ``(A) the Governor of the State submits to the President a \n written description of an alternative approach to facilitate \n the compliance, by some or all foreign-registered motor \n vehicles, with the motor vehicle inspection and maintenance \n requirements that are--\n ``(i) related to emissions of air pollutants;\n ``(ii) in effect under the applicable implementation \n plan in the covered ozone nonattainment area; and\n ``(iii) applicable to motor vehicles of the same types \n and model years as the foreign-registered motor vehicles; \n and\n ``(B) the President approves the alternative approach as \n facilitating compliance with the motor vehicle inspection and \n maintenance requirements referred to in subparagraph (A).\n ``(5) Definition of covered ozone nonattainment area.--In this \n section, the term `covered ozone nonattainment area' means a \n Serious Area, as classified under section 181 as of the date of the \n enactment of this subsection.''.\n\nSEC. 3. GENERAL PROVISIONS.\n\n (a) In General.--The amendment made by section 2 takes effect 180 \ndays after the date of the enactment of this Act. Nothing in that \namendment shall require action that is inconsistent with the \nobligations of the United States under any international agreement.\n (b) Information.--As soon as practicable after the date of the \nenactment of this Act, the appropriate agency of the United States \nshall distribute information to publicize the prohibition set forth in \nthe amendment made by section 2.\n\nSEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.\n\n (a) In General.--The Comptroller General of the United States shall \nconduct a study of the impact of the amendment made by section 2.\n (b) Contents of Study.--The study under subsection (a) shall \ncompare--\n (1) the potential impact of the amendment made by section 2 on \n air quality in ozone nonattainment areas affected by the amendment; \n with\n (2) the impact on air quality in those areas caused by the \n increase in the number of vehicles engaged in commerce operating in \n the United States and registered in, or operated from, Mexico, as a \n result of the implementation of the North American Free Trade \n Agreement.\n (c) Report.--Not later than July 1, 1999, the Comptroller General \nof the United States shall submit to the Committee on Commerce of the \nHouse of Representatives and the Committee on Environment and Public \nWorks of the Senate a report describing the findings of the study under \nsubsection (a).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by US citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles. And (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.","title":"Border Smog Reduction Act of 1998","text_len":5211,"sum_len":1790} {"bill_id":"108_hr4023","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) The roles of the Department of Defense and the \n Department of Homeland Security, and the resources necessary \n for homeland defense, are still evolving.\n (2) The decision to conduct an additional round of base \n closures and realignments in 2005 was developed before the \n tragic events of September 11, 2001.\n (3) The long-term, costs, and personnel requirements of \n Operation Enduring Freedom, Operation Noble Eagle, and \n Operation Iraqi Freedom are still unknown.\n (4) Additional funds are necessary to adequately supply the \n Armed Forces for current missions, while expediting military \n transformation.\n (5) The Congress will not have the opportunity to \n thoroughly review and consider the policy decisions culminating \n in the Global Posture Review before decisions regarding the \n closure and realignment of military installations will be \n required in the 2005 round of base closures and realignments.\n (6) The expected costs of implementing and executing base \n closures and realignments recommended in the 2005 round is \n estimated at $15,000,000,000 and net savings from such base \n closures and realignments will not be realized until \n approximately 2011.\n\nSEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT \n ROUND.\n\n (a) Submittal of Recommendations Regarding Closure or Realignment \nof Military Installations.--Section 2914 of the Defense Base Closure \nand Realignment Act of 1990 (part A of title XXIX of Public Law 101-\n510; 10 U.S.C. 2687 note), as added by section 3003 of the National \nDefense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 \nStat. 1345), is amended--\n (1) in the section heading, by striking ``2005'' and \n inserting ``2007''; and\n (2) in subsection (a), by striking ``May 16, 2005,'' and \n inserting ``May 16, 2007,''.\n (b) Commission Review and Recommendations.--Subsection (d) of such \nsection is amended--\n (1) in paragraphs (1) and (2), by striking ``September 8, \n 2005'' both places it appears and inserting ``September 8, \n 2007''; and\n (2) in paragraph (6)--\n (A) by striking ``in 2005'' and inserting ``under \n this section''; and\n (B) by striking ``July 1, 2005'' and inserting \n ``July 1, 2007''.\n (c) Review by President and Transmittal to Congress.--Subsection \n(e) of such section is amended--\n (1) in paragraph (1)--\n (A) by striking ``in 2005'' and inserting ``under \n this section''; and\n (B) by striking ``September 23, 2005'' and \n inserting ``September 23, 2007'';\n (2) in paragraph (2), by striking ``October 20, 2005'' and \n inserting ``October 20, 2007''; and\n (3) in paragraph (3), by striking ``November 7, 2005'' and \n inserting ``November 7, 2007''.\n (d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense \nBase Closure and Realignment Act of 1990 is amended by striking ``in \nthe 2005 report'' and inserting ``in a report submitted after 2001''.\n (2) Section 2906(e) of such Act is amended by striking ``2005'' and \ninserting ``2007''.\n (3) Section 2906A of such Act is amended--\n (A) in the section heading, by striking ``2005'' and \n inserting ``2007''; and\n (B) by striking ``2005'' each place it appears and \n inserting ``2007''.\n (4) Section 2912 of such Act is amended--\n (A) in the section heading, by striking ``2005'' and \n inserting ``2007'';\n (B) in subsection (a)(4), by striking ``fiscal year 2006'' \n and inserting ``fiscal year 2008'';\n (C) in subsections (b)(2) and (d), by striking ``in 2005'' \n each place it appears and inserting ``under section 2914'';\n (D) in subsection (d), by striking ``March 15, 2005'' both \n places it appears and inserting ``March 15, 2007'';\n (E) in subsection (d)(4), by striking ``calendar year 2005 \n and shall terminate on April 15, 2006'' and inserting \n ``calendar year 2007 and shall terminate on April 15, 2008''; \n and\n (F) in subsection (d)(5), by striking ``second session of \n the 108th Congress for the activities of the Commission in \n 2005'' and inserting ``second session of the 109th Congress for \n the activities of the Commission under section 2914''.\n (5) Section 2913 of such Act is amended--\n (A) in the section heading, by striking ``2005'' and \n inserting ``2007'';\n (B) by striking ``in 2005'' each place it appears and \n inserting ``under section 2914'';\n (C) in subsection (e), by striking ``March 15, 2004'' and \n inserting ``March 15, 2006''.","summary":"Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005. And (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments.","title":"To amend the Defense Base Closure and Realignment Act of 1990 to postpone the 2005 round of base closures and realignments until 2007.","text_len":5089,"sum_len":345} {"bill_id":"114_hr4625","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Firefighter Cancer Registry Act of \n2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Studies conducted since the 1990s have indicated a \n strong link between firefighting and an increased risk for \n several major cancers.\n (2) The cancers identified as most common among \n firefighters according to these studies include testicular \n cancer, which male firefighters are 102 percent more likely to \n be diagnosed with, stomach cancer, multiple myeloma, and brain \n cancer, among several others.\n (3) The heightened incidence of cancer among firefighters \n has been attributed to their frequent exposure to a range of \n harmful substances including resultant pyrolysis products, \n toxic particulates, gases and fumes, metals such as cadmium and \n lead, chemical substances such as benzene and vinyl chloride, \n and minerals such as asbestos and silicates.\n (4) An extensive 2014 study conducted by the National \n Institute of Occupational Safety and Health (NIOSH) over the \n course of several years and which included almost 30,000 \n firefighters found that firefighters were at an increased risk \n of being diagnosed with malignant mesothelioma and found \n potential links between exposure to fire incidents and \n heightened risks for lung cancer and leukemia, among several \n others.\n (5) Past studies examining cancer incidence among \n firefighters have been limited by the availability and \n standardization of important epidemiological data, relatively \n small sample sizes, inconsistencies in the operationalization \n of key terms and metrics, incomplete employment histories, and \n an underrepresentation of minority, female, and volunteer \n firefighters.\n (6) Today, many States across the country maintain cancer \n registries that collect and collate information regarding \n cancer diagnoses, demographic information, and treatment plans. \n State cancer registries have greatly contributed to overcoming \n these obstacles by offering centralized repositories of \n information, which researchers in the public and private \n sectors can access when conducting research on cancer risks.\n (7) While these State-based cancer registries undoubtedly \n contribute to furthering research related to assessing cancer \n incidence among firefighters, a special purpose national cancer \n registry would provide researchers and public health agencies \n with more direct and comprehensive access to the specific set \n of information they need to conduct more robust, focused, and \n epidemiologically rigorous research on cancer incidence among \n firefighters.\n (8) Efforts to understand cancer incidence among \n firefighters through a specialized national cancer registry \n will better inform the kinds of precautions firefighters should \n take in the future, improve our understanding of key \n epidemiological trends, and potentially lead to the development \n of more sophisticated safety protocols to lower cancer risks.\n\nSEC. 3. PATIENT REGISTRY FOR FIREFIGHTER CANCER INCIDENCE.\n\n (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nshall develop and maintain a voluntary patient registry to collect data \non cancer incidence among firefighters.\n (b) Use of Registry.--The patient registry shall be used for the \nfollowing purposes:\n (1) To establish and improve collection infrastructure and \n activities related to the nationwide monitoring of the \n incidence of cancer among firefighters.\n (2) To collect, consolidate, store, and make publicly \n available epidemiological information related to cancer \n incidence and trends among firefighters.\n (c) Relevant Data.--In carrying out the voluntary data collection \nfor purposes of inclusion under the patient registry under subsection \n(a), the Secretary should seek to include the following de-identified \ninformation:\n (1) With respect to cancer diagnoses and treatment of \n firefighters, de-identified information on--\n (A) full detailing of physical examinations and \n medical history;\n (B) complete detailing of all relevant diagnostic \n tests and lab procedures;\n (C) complete detailing of all pathology and \n operative reports; and\n (D) complete detailing of treatments undergone or \n planned.\n (2) With respect to individual patient history relating to \n the incidence of cancer among firefighters, de-identified \n information on--\n (A) basic demographic information, including the \n age of the firefighter involved and age of onset of \n cancer;\n (B) a listing of status of the firefighter as \n either volunteer, paid-on-call, or career firefighter;\n (C) the number of years on the job and a detailing \n of additional employment experience that was either \n performed concurrently alongside firefighting service \n or anytime thereafter;\n (D)(i) a measure of the number of fire incidents \n attended as well as the type of fire incidents (such as \n residential house fire or commercial fire); or\n (ii) in the case of a firefighter who is unable to \n provide information on such number and type, an \n estimate of such number and type based on the method \n developed under subsection (d)(2); and\n (E) a list of additional risk factors, including \n smoking or drug use, as determined relevant by the \n Secretary.\n (3) Any additional information that is deemed necessary by \n the Secretary.\n (d) Methods.--\n (1) In general.--For the purposes described in subsection \n (b), the Secretary is authorized to incorporate questions into \n public health surveys, questionnaires, and other databases in \n existence as of the date of enactment of this Act.\n (2) Ensuring representation of underrepresented groups in \n registry.--In carrying out this section, the Secretary shall \n take such measures as the Secretary deems appropriate to \n encourage the inclusion of data on minority, female, and \n volunteer firefighters in the registry established under this \n section.\n (3) Method to estimate number and type of fire incidents.--\n For purposes of subsection (c)(2)(D), the Secretary, in \n consultation with the experts described in subsection (e), \n shall develop a reliable and standardized method for estimating \n the number of fire incidents attended by a firefighter as well \n as the type of fire incident so attended in the case such \n firefighter is unable to provide such information.\n (e) Consultation.--The Secretary shall, on a regular basis, seek \nfeedback regarding the utility of the registry established under this \nsection and ways the registry can be improved from non-Federal experts \nin the following areas:\n (1) Public health experts with experience in developing and \n maintaining cancer registries.\n (2) Epidemiologists with experience in studying cancer \n incidence.\n (3) Clinicians with experience in diagnosing and treating \n cancer incidence.\n (4) Active and retired volunteer, paid-on-call, and career \n firefighters as well as relevant national fire and emergency \n response organizations.\n (f) Research Availability.--The Secretary shall develop and make \npublic an approval process for making de-identified cancer registry \ndata submitted for inclusion in the patient registry developed under \nsubsection (a) available without a fee for public research purposes. \nSuch process shall provide that such data shall be made available for \nsuch research purposes only if there is an agreement to make findings, \njournal articles, or other print or web-based publications derived from \nsuch research public or available to the relevant stakeholders \nidentified in subsection (e)(4).\n (g) Privacy.--In carrying out this Act, the Secretary shall apply \nto the registry developed under subsection (a) data security provisions \nand privacy standards that comply with the best practices of the \nCenters for Disease Control and Prevention, as defined by the National \nInstitute of Standards and Technology in Special Publication 800-37 \nrevision 1, as well as the HIPAA privacy regulation, as defined in \nsection 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-\n9(b)(3)).\n (h) Authorization of Funds.--To carry out this section, there are \nauthorized to be appropriated $2,500,000 for each of the fiscal years \n2017 through 2021.","summary":"Firefighter Cancer Registry Act of 2016 This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary patient registry to monitor, collect, and make available epidemiological information related to cancer incidence and trends among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases. The CDC must: (1) encourage the inclusion in the registry of data on minority, female, and volunteer firefighters. And (2) seek feedback on the registry from nonfederal experts. The CDC must develop an approval process for making registry data available for research without a fee if findings or publications derived from the research are made public or available to stakeholders.","title":"Firefighter Cancer Registry Act of 2016","text_len":9437,"sum_len":966} {"bill_id":"105_hr905","text":"SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR ADVANCED TRAINING \n IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS.\n\n Section 2104(b) of title 10, United States Code, is amended--\n (1) in paragraph (1), by inserting ``or national'' after \n ``citizen'';\n (2) at the end of paragraph (6), by striking ``and'';\n (3) in paragraph (7), by striking the period and inserting \n ``; and''; and\n (4) by adding at the end the following:\n ``(8) if he is a national but not a citizen of the United \n States, agree in writing that he will--\n ``(A) if he is not a resident of a State (within \n the meaning of chapter 2 of title III of the \n Immigration and Nationality Act; 8 U.S.C. 1421-1459), \n become a resident of a State (within such meaning) \n before commencing the program for advanced training; \n and\n ``(B) file an application for naturalization within \n 60 days after the later of--\n ``(i) the date that he meets the \n requirements for naturalization in section \n 316(a)(1) of the Immigration and Nationality \n Act (8 U.S.C. 1436); or\n ``(ii) the date that he is accepted into \n the program for advanced training.''.\n\nSEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL ASSISTANCE \n AS MEMBERS OF THE SENIOR RESERVE OFFICERS' TRAINING \n CORPS.\n\n (a) General Financial Assistance Program.--Section 2107(b) of title \n10, United States Code, is amended--\n (1) in paragraph (1), by inserting ``or national'' after \n ``citizen'';\n (2) at the end of paragraph (4), by striking ``and'';\n (3) in paragraph (5), by striking the period and inserting \n ``; and''; and\n (4) by adding at the end the following:\n ``(6) if he is a national but not a citizen of the United \n States, agree in writing that he will--\n ``(A) if he is not a resident of a State (within \n the meaning of chapter 2 of title III of the \n Immigration and Nationality Act; 8 U.S.C. 1421-1459) \n become a resident of a State (within such meaning) \n before commencing the financial assistance program; and\n ``(B) file an application for naturalization within \n 60 days after the later of--\n ``(i) the date that he meets the \n requirements for naturalization in section \n 316(a)(1) of the Immigration and Nationality \n Act (8 U.S.C. 1436); or\n ``(ii) the date that he is accepted into \n the financial assistance program.''.\n (b) Army Reserve and Army National Guard Financial Assistance \nProgram.--Section 2107a(b) of title 10, United States Code, is \namended--\n (1) in paragraph (1), by inserting ``or national'' after \n ``citizen'';\n (2) at the end of paragraph (5), by striking ``and'';\n (3) in paragraph (6), by striking the period and inserting \n ``; and''; and\n (4) by adding at the end the following:\n ``(7) if he is a national but not a citizen of the United \n States, agree in writing that he will--\n ``(A) if he is not a resident of a State (within \n the meaning of chapter 2 of title III of the \n Immigration and Nationality Act; 8 U.S.C. 1421-1459), \n become a resident of a State (within such meaning) \n before commencing the financial assistance program; and\n ``(B) file an application for naturalization within \n 60 days after the later of--\n ``(i) the date that he meets the \n requirements for naturalization in section \n 316(a)(1) of the Immigration and Nationality \n Act (8 U.S.C. 1436); or\n ``(ii) the date that he is accepted into \n the financial assistance program.''.\n\nSEC. 3. CONFORMING AMENDMENT.\n\n Section 12102(b)(1) of title 10, United States Code, is amended--\n (1) by striking ``or'' the first place such term appears;\n (2) by inserting a comma after ``United States'' the first \n place such term appears; and\n (3) by inserting ``, or is a national of the United States \n eligible (as provided in sections 2104(b), 2107(b), or 2107a(b) \n of this title) for advanced training in, or financial \n assistance as a member of, the Senior Reserve Officers' \n Training Corps'' after the close parenthesis.","summary":"Makes US nationals eligible for advanced training in the Senior Reserve Officers' Training Corps and for financial assistance as members of the Corps, provided such individuals enter into an agreement requiring: (1) residency within a State before commencement of the advanced training or financial assistance. Or (2) application for naturalization within 60 days after either meeting the naturalization requirements or being accepted into the program of advanced training or financial assistance.","title":"To amend title 10, United States Code, to provide that United States nationals should be eligible for advanced training in, and for financial assistance as members of, the Senior Reserve Officers' Training Corps.","text_len":5030,"sum_len":497} {"bill_id":"115_hr4900","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Metro Accountability and Investment \nAct''.\n\nSEC. 2. REAUTHORIZATION OF FUNDS.\n\n Section 601(f) of the Passenger Rail Investment and Improvement Act \nof 2008 (Public Law 110-432; 122 Stat. 4970) is amended to read as \nfollows:\n ``(f) Amount.--\n ``(1) In general.--\n ``(A) Original funding.--There are authorized to be \n appropriated to the Secretary of Transportation for \n grants under this section an aggregate amount not to \n exceed $1,500,000,000 to be available in increments \n over 10 fiscal years beginning in fiscal year 2009, or \n until expended.\n ``(B) Continuation of funding.--Subject to \n paragraphs (2) and (3), there are authorized to be \n appropriated to the Secretary of Transportation for \n grants under this section $2,000,000,000 to be \n available in increments over 10 fiscal years beginning \n in fiscal year 2020, or until expended.\n ``(2) Restriction on use.--\n ``(A) Operating expenses.--$500,000,000 of the \n amount described in paragraph (1)(B) may only be used \n for operating expenses of the Transit Authority.\n ``(B) Inspector general.--$100,000,000 of the \n amount described in subparagraph (A) may only be used \n for the Office of Inspector General of the Transit \n Authority.\n ``(3) Required modifications.--The Secretary may not \n provide grants pursuant to paragraph (1)(B) unless the \n Secretary certifies that the Board of Directors of the Transit \n Authority has passed a resolution, and is making progress \n implementing such a resolution, that--\n ``(A) establishes an independent budget authority \n for the Office of Inspector General of the Transit \n Authority;\n ``(B) establishes an independent procurement \n authority for the Office of Inspector General of the \n Transit Authority;\n ``(C) establishes an independent hiring authority \n for the Office of Inspector General of the Transit \n Authority;\n ``(D) ensures the inspector general of the Transit \n Authority can obtain legal advice from a counsel \n reporting directly to the director of such office;\n ``(E) requires the inspector general of the Transit \n Authority to submit recommendations for corrective \n action to the General Manager, the Board of Directors \n of the Transit Authority, and the appropriate \n congressional committees; and\n ``(F) requires the inspector general of the Transit \n Authority to publish any recommendation described in \n subparagraph (E) on the website of the Office of \n Inspector General of the Transit Authority, except that \n the Inspector General may redact personally \n identifiable information and information that, in the \n determination of the Inspector General, would pose a \n security risk to the systems of the Transit Authority.\n ``(4) Special rule for certain funds.--The amounts \n described in paragraph (2) are not subject to the requirements \n of paragraphs (2) and (3) of subsection (b).\n ``(5) Definition.--In this subsection, the term \n `appropriate congressional committees' means the Committee on \n Transportation and Infrastructure, the Committee on Oversight \n and Government Reform, and the Committee on Appropriations of \n the House of Representatives and the Committee on Banking, \n Housing, and Urban Affairs and the Committee on Appropriations \n of the Senate.''.\n\nSEC. 3. ADDITIONAL GRANTS.\n\n (a) In General.--In addition to other funding provided to the \nTransit Authority pursuant to any other provision of law, the Secretary \nof Transportation may make grants to the Transit Authority for the \npurpose of funding the capital and preventive maintenance projects \nincluded in the Capital Improvement Program approved by the Board of \nDirectors of the Transit Authority.\n (b) Use of Funds.--A grant made pursuant to this section shall be \nsubject to the following limitations and conditions:\n (1) The work for which such grant is authorized shall be \n subject to the provisions of the Compact, including any future \n amendments to the Compact.\n (2) Each such grant shall be for 50 percent of the net \n project cost of the project involved, and shall be provided in \n cash from sources other than Federal funds or revenues from the \n operation of public mass transportation systems. Consistent \n with the terms of the amendment to the Compact, or any future \n amendments to such Compact, any funds so provided shall be \n solely from undistributed cash surpluses, replacement or \n depreciation funds of reserves available in cash, or new \n capital.\n (c) Applicability of Requirements for Mass Transportation Capital \nProjects Receiving Funds Under Federal Transportation Law.--Except as \nspecifically provided in this section, the use of any amounts \nappropriated pursuant to the authorization under this section shall be \nsubject to the requirements applicable to capital projects for which \nfunds are provided under chapter 53 of title 49, United States Code, \nexcept to the extent the Secretary determines that the requirements are \ninconsistent with this Act, its purposes, or any subsequent rules of \nguidance issued pursuant to this Act.\n (d) Amount and Requirement for First Period.--\n (1) Amount.--There is authorized to be appropriated to the \n Secretary of Transportation for grants under this section \n $500,000,000 to be available in increments over 5 fiscal years \n beginning in fiscal year 2020, or until expended.\n (2) Requirements.--The Secretary may not award a grant \n authorized under this subsection unless the Secretary \n certifies, on an annual basis, that the Transit Authority is \n making progress toward goals and metrics for system performance \n established by the Secretary in collaboration with the \n signatories to the Compact on safety, reliability, and \n operation costs as measured by vehicle revenue hours.\n (e) Amount and Requirement for Second Period.--\n (1) Amount.--There is authorized to be appropriated to the \n Secretary of Transportation for grants under this section \n $1,500,000,000 to be available in increments over 15 fiscal \n years beginning in fiscal year 2025, or until expended.\n (2) Requirements.--The Secretary may not award a grant \n authorized under this subsection unless the Secretary \n certifies, on an annual basis, that--\n (A) the Transit Authority is making progress toward \n goals and metrics for system performance established by \n the Secretary in collaboration with the signatories to \n the Compact on safety, reliability, and operation costs \n as measured by vehicle revenue hours; and\n (B) the signatories to the Compact have established \n a dedicated funding source for capital projects for the \n Transit Authority that is expected to raise, in total, \n at least $300,000,000 annually.\n (f) Availability.--Amounts appropriated pursuant to the \nauthorization under this section shall remain available until expended.\n (g) Definitions.--In this section--\n (1) the term ``Transit Authority'' means the Washington \n Metropolitan Area Transit Authority established under Article \n III of the Compact; and\n (2) the term ``Compact'' means the Washington Metropolitan \n Area Transit Authority Compact (Public Law 89-774; 80 Stat. \n 1324).","summary":"Metro Accountability and Investment Act This bill amends the Passenger Rail Investment and Improvement Act of 2008 to authorize additional funding to the Department of Transportation (DOT) for grants for capital and preventive maintenance projects for the Washington Metropolitan Area Transit Authority (WMATA) in increments over 10 fiscal years beginning in FY2020 or until expended, subject to specified limitations. DOT may not provide such grants until it certifies that the Board of Directors of WMATA has passed a resolution, and is making progress implementing such resolution, that establishes an independent budget authority for the Office of Inspector General of WMATA, an independent procurement authority for such office, and an independent hiring authority for such office. Ensures the inspector general can obtain legal advice from a counsel reporting directly to the office. And requires the inspector general to submit recommendations for corrective action to the General Manager, the board, and Congress, and to publish any recommendation on the office's website, with redactions to prevent security risks. DOT may make additional grants to WMATA for the purpose of funding the capital and preventive maintenance projects included in the Capital Improvement Program approved by the board.","title":"Metro Accountability and Investment Act","text_len":8406,"sum_len":1305} {"bill_id":"115_hr791","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) Born Cassius Marcellus Clay, Jr., on January 17, 1942, \n in Louisville, Kentucky, Muhammad Ali was the first child of \n Cassius, Sr., and Odessa Clay.\n (2) Muhammad Ali was one of the most celebrated athletes of \n the 20th century. He produced some of America's greatest sports \n memories, from winning a gold medal at the 1960 Summer Olympics \n to lighting the Olympic torch at the 1996 Summer Olympics.\n (3) After an impressive amateur career, during which he \n recorded 131 wins and only 7 losses and won 2 National AAU \n light heavyweight titles, Muhammad Ali became the first \n professional boxer in history to capture the heavyweight title \n 3 separate times.\n (4) Muhammad Ali defeated every challenger he faced in the \n ring. But, on April 28, 1967, he was stripped of his boxing \n title and barred from competing for being a conscientious \n objector to the war in Vietnam on religious and moral grounds. \n However, following a unanimous United States Supreme Court \n decision in 1971, Muhammad Ali's conscientious objector status \n was confirmed, his boxing license was reinstated, and he was \n cleared of any wrongdoing.\n (5) As an African-American and a Muslim who lived in an era \n that continued to question his civil rights, Muhammad Ali \n battled issues of race and religion, and received recognition \n as one of the champions of the Civil Rights Movement in the \n United States.\n (6) Muhammad Ali was the recipient of many awards for his \n sporting prowess and his support of racial harmony, including \n the Dr. Martin Luther King Memorial Award, the Spirit of \n America Award, the Amnesty International Lifetime Achievement \n Award, the Arthur Ashe Award for Courage, the Essence Living \n Legend Award, the Rainbow Coalition Lifetime Achievement Award, \n the XNBA Human Spirit Award, the Presidential Citizens Medal, \n and the Presidential Medal of Freedom.\n (7) Muhammad Ali was acknowledged by many organizations for \n his achievements both inside and outside the boxing ring, \n including being crowned ``Sportsman of the Century'' by Sports \n Illustrated, being named ``Athlete of the Century'' by GQ \n magazine, being named ``Sports Personality of the Century'' by \n the British Broadcasting Corporation, being named ``Kentucky \n Athlete of the Century'' by the Kentucky Athletic Hall of Fame, \n being named ``Kentuckian of the Century'' by the State of \n Kentucky, being named ``Louisvillian of the Century'' by the \n Advertising Club of Louisville, being named ``Boxer of the \n Century'' by the World Sports Awards of the Century, being \n recognized by the International Boxing Hall of Fame, and \n receiving honorary doctorate degrees from Muhlenberg College \n and Western Kentucky University, as well as an honorary \n doctorate of humanities at Princeton University's 260th \n graduation ceremony.\n (8) Muhammad Ali received the prestigious ``Otto Hahn Peace \n Medal in Gold'' from the United Nations Association of Germany \n for his work with the United Nations and the Civil Rights \n Movement in the United States.\n (9) Muhammad Ali was selected by the California \n Bicentennial Foundation for the U.S. Constitution for \n personifying the vitality of the Bill of Rights in various \n high-profile activities.\n (10) Despite having been diagnosed with Parkinson's \n Syndrome in the early 1980s, Muhammad Ali dedicated his life to \n the cause of universal human rights and freedom. His commitment \n to equal justice and peace touched the lives of hundreds of \n thousands of people worldwide.\n (11) President Jimmy Carter asked Muhammad Ali to meet with \n African leaders in Tanzania, Kenya, Nigeria, Liberia, and \n Senegal as part of President Carter's diplomatic efforts on \n behalf of human rights in the 1980s.\n (12) In 1990, Muhammad Ali traveled to the Middle East to \n seek the release of American and British hostages that were \n being held as human shields in the first Gulf War. As a result \n of his intervention, 15 United States hostages were freed on \n December 2nd of that year.\n (13) In 1998, Muhammad Ali was chosen as the ``U.N. \n Messenger of Peace''.\n (14) Several Presidents of the United States recognized \n Muhammad Ali, including President George W. Bush who, on \n November 17, 2002, called him ``a man of peace'' and stated \n that ``across the world, billions of people know Muhammad Ali \n as a brave, compassionate, and charming man, and the American \n people are proud to call Muhammad Ali one of our own'', \n President Bill Clinton who stated that Muhammad Ali ``captured \n the world's imagination and its heart. Outside the ring, \n Muhammad Ali has dedicated his life to working for children, \n feeding the hungry, supporting his faith, and standing up for \n racial equality. He always fought for a just and more humane \n world, breaking down barriers here in America and around the \n world. There is no telling how many tens of millions of people \n had their hearts swell with pride and their eyes swell with \n tears in 1996 when Muhammad Ali lit the Olympic torch, because \n we know, now and forever, he is the greatest'', President Jimmy \n Carter who cited Muhammad Ali as ``Mr. International \n Friendship'', and President Barack Obama who, as a Senator, had \n a framed picture of Muhammad Ali hanging in his office, and \n before announcing his intentions to run for President, Obama \n visited with Muhammad Ali at the Ali Center in Louisville, \n Kentucky.\n (15) Muhammad Ali encouraged humanity through his \n perseverance and the support of thousands of people. He helped \n such organizations as the Chicago-based adoption agency, The \n Cradle; the Make-A-Wish Foundation; the Special Olympics' \n organization, Best Buddies; and Herbert E. Birch Services, an \n organization that runs a school for handicapped children and \n young adults, in addition to a summer camp for children with \n AIDS.\n (16) Muhammad Ali and his wife Lonnie were the founding \n directors of the Muhammad Ali Parkinson Center in Phoenix, \n Arizona, and helped raise over $50,000,000 for Parkinson's \n research. The Center's mission is to provide excellence in \n treatment, research, and education for patients and families \n affected by Parkinson's disease and other movement disorders, \n regardless of their ability to pay.\n (17) Muhammad Ali was an inspiration to countless \n individuals with Parkinson's disease, including members of the \n Rock Steady Boxing Foundation in Indianapolis, Indiana, which \n was founded to give people with Parkinson's disease hope by \n improving their quality of life using boxing for fitness.\n (18) Muhammad Ali was one of the founding members of \n Athletes for Hope, an organization created by a few very \n successful athletes of exemplary character who have a deep \n commitment to charitable and community causes.\n (19) Muhammad Ali also established the Muhammad Ali Center \n in his hometown of Louisville, Kentucky, which promotes \n respect, hope, and understanding, and inspires people \n everywhere to be as great as they can be. A visitor of the \n Muhammad Ali Center experiences the ``hows'' of Ali's life: How \n he found the courage, the dedication, and the discipline to \n become a world champion; how he found the conviction to stand \n up for what he believed; and how he turned his passion for \n excellence in the ring to a passion for peace on the world \n stage.\n (20) Like Muhammad Ali himself, the Muhammad Ali Center \n focuses on what brings individuals together, not what sets them \n apart, and is a ``global gathering place'' to which people can \n come, both online and in person, to learn, share, and celebrate \n our commonalities as human beings and to formulate ways of \n advancing humanity.\n (21) Muhammad Ali helped to provide more than 22,000,000 \n aid packets to assist people in need, and until the last years \n of his life, he traveled, on average, more than 200 days per \n year for humanitarian causes.\n (22) Muhammad Ali, known simply as ``the greatest,'' \n transcended the glamour and glory of being a sports champion to \n become not only one of the greatest sports figures, but one of \n the greatest role models of our time.\n (23) On June 3, 2016, Muhammad Ali died at the age of 74.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--The Speaker of the House of \nRepresentatives and the President pro tempore of the Senate shall make \nappropriate arrangements for the presentation, on behalf of Congress, \nof a gold medal of appropriate design, to Muhammad Ali, in recognition \nof his contributions to the Nation.\n (b) Design and Striking.--For the purpose of the presentation \nreferred to in subsection (a), the Secretary of the Treasury \n(hereinafter in this Act referred to as the ``Secretary'') shall strike \na gold medal with suitable emblems, devices, and inscriptions to be \ndetermined by the Secretary.\n (c) Transfer of Medal After Presentation.--Following the \npresentation of the gold medal in honor of Muhammad Ali under \nsubsection (a), the gold medal shall be given to his wife, Lonnie Ali.\n\nSEC. 3. DUPLICATE MEDALS.\n\n Under such regulations as the Secretary may prescribe, the \nSecretary may strike and sell duplicates in bronze of the gold medal \nstruck pursuant to section 2 at a price sufficient to cover the cost of \nthe bronze medals (including labor, materials, dies, use of machinery, \nand overhead expenses) and the cost of the gold medal.\n\nSEC. 4. NATIONAL MEDALS.\n\n The medals struck under this Act are national medals for purposes \nof chapter 51 of title 31, United States Code.","summary":"This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Muhammad Ali.","title":"To posthumously award a Congressional gold medal to Muhammad Ali, in recognition of his contributions to the Nation.","text_len":10685,"sum_len":188} {"bill_id":"110_hr6106","text":"\u0007I72SECTION 1. SHORT TITLE.\n\u0007I20\u0018\u0018This Act may be cited as the ``The Diesel Tax Fairness Act of 2008''.\n\u0007I72SEC. 2. TEMPORARY REDUCTION IN EXCISE TAX ON KEROSENE AND DIESEL FUEL TO THE RATE APPLICABLE TO GASOLINE.\n\u0007I20\u0018\u0018(a) \u0007T5In General\u0007K._Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection:\n\u0007I20\u0018\u0018``(f) \u0007T5Temporary Reduction of Tax on Diesel Fuel and Kerosene (Other Than Aviation-Grade Kerosene)\u0007K._\n\u0007I22\u0018\u0018``(1) \u0007T4In general\u0007K._During the temporary reduction period_\n\u0007I24\u0018\u0018``(A) the rate of tax applicable under subsection (a)(2)(A)(iii) shall be 18.3 cents, and\n\u0007I24\u0018\u0018``(B) the rate of tax applicable under subsection (a)(2)(D) shall be 14.8 cents.\n\u0007I22\u0018\u0018``(2) \u0007T4Temporary reduction period\u0007K._For purposes of this subsection, the temporary reduction period is the period_\n\u0007I24\u0018\u0018``(A) beginning on the date of the enactment of this subsection, and\n\u0007I24\u0018\u0018``(B) ending on December 31, 2010.\n\u0007I22\u0018\u0018``(3) \u0007T4Maintenance of trust fund deposits\u0007K._In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''.\n\u0007I20\u0018\u0018(b) \u0007T5Effective Date\u0007K._The amendment made by this section shall take effect on the date of the enactment of this Act.\n\u0007I72SEC. 3. FLOOR STOCKS REFUNDS.\n\u0007I20\u0018\u0018(a) \u0007T5In General\u0007K._If_\n\u0007I22\u0018\u0018(1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed on any liquid, and\n\u0007I22\u0018\u0018(2) on such date such liquid is held by a dealer and has not been used and is intended for sale,\n\u0007I20there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date.\n\u0007I20\u0018\u0018(b) \u0007T5Time for Filing Claims\u0007K._No credit or refund shall be allowed or made under this section unless_\n\u0007I22\u0018\u0018(1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and\n\u0007I22\u0018\u0018(2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act_\n\u0007I24\u0018\u0018(A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and\n\u0007I24\u0018\u0018(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund.\n\u0007I20\u0018\u0018(c) \u0007T5Exception for Fuel Held in Retail Stocks\u0007K._No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail.\n\u0007I20\u0018\u0018(d) \u0007T5Definitions\u0007K._For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer.\n\u0007I20\u0018\u0018(e) \u0007T5Certain Rules To Apply\u0007K._Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section.\n\u0007I72SEC. 4. FLOOR STOCKS TAX.\n\u0007I20\u0018\u0018(a) \u0007T5Imposition of Tax\u0007K._In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid.\n\u0007I20\u0018\u0018(b) \u0007T5Liability for Tax and Method of Payment\u0007K._\n\u0007I22\u0018\u0018(1) \u0007T4Liability for tax\u0007K._A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax.\n\u0007I22\u0018\u0018(2) \u0007T4Method of payment\u0007K._The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe.\n\u0007I22\u0018\u0018(3) \u0007T4Time of payment\u0007K._The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date.\n\u0007I20\u0018\u0018(c) \u0007T5Definitions\u0007K._For purposes of this section_\n\u0007I22\u0018\u0018(1) \u0007T4Held by a person\u0007K._A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).\n\u0007I22\u0018\u0018(2) \u0007T4Taxable liquid\u0007K._The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene).\n\u0007I22\u0018\u0018(3) \u0007T4Floor stocks date\u0007K._The term ``floor stocks tax date'' means January 1, 2011.\n\u0007I22\u0018\u0018(4) \u0007T4Secretary\u0007K._The term ``Secretary'' means the Secretary of the Treasury.\n\u0007I20\u0018\u0018(d) \u0007T5Exception for Exempt Uses\u0007K._The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use.\n\u0007I20\u0018\u0018(e) \u0007T5Exception for Fuel Held in Vehicle Tank\u0007K._No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat.\n\u0007I20\u0018\u0018(f) \u0007T5Exception for Certain Amounts of Fuel\u0007K._\n\u0007I22\u0018\u0018(1) \u0007T4In general\u0007K._No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.\n\u0007I22\u0018\u0018(2) \u0007T4Exempt fuel\u0007K._For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e).\n\u0007I22\u0018\u0018(3) \u0007T4Controlled groups\u0007K._For purposes of this section_\n\u0007I24\u0018\u0018(A) \u0007T4Corporations\u0007K._\n\u0007I26\u0018\u0018(i) \u0007T4In general\u0007K._All persons treated as a controlled group shall be treated as 1 person.\n\u0007I26\u0018\u0018(ii) \u0007T4Controlled group\u0007K._The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection.\n\u0007I24\u0018\u0018(B) \u0007T4Nonincorporated persons under common control\u0007K._Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.\n\u0007I20\u0018\u0018(g) \u0007T5Other Laws Applicable\u0007K._All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.\n\u0007S6301\u0007I76\ufffd08\n\u001a\u0000","summary":"Diesel Tax Fairness Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel and kerosene and diesel fuel emulsion until December 31, 2010.","title":"To amend the Internal Revenue Code of 1986 to temporarily reduce the excise tax on diesel fuel and kerosene to the rate applicable to gasoline.","text_len":7321,"sum_len":169} {"bill_id":"108_hr882","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bond Financing Renewal Act of \n2003''.\n\nSEC. 2. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS.\n\n (a) Increase in Amount of Qualified Small Issue Bonds Permitted for \nFacilities To Be Used by Related Principal Users.--\n (1) In general.--Clause (i) of section 144(a)(4)(A) of the \n Internal Revenue Code of 1986 (relating to $10,000,000 limit in \n certain cases) is amended by striking ``$10,000,000'' and \n inserting ``$20,000,000''.\n (2) Cost-of-living adjustment.--Section 144(a)(4) of such \n Code is amended by adding at the end the following:\n ``(G) Cost-of-living adjustment.--In the case of a \n taxable year beginning in a calendar year after 2003, \n the $20,000,000 amount under subparagraph (A) shall be \n increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment under \n section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by \n substituting `calendar year 2002' for `calendar \n year 1992' in subparagraph (B) thereof.''.\n (3) Clerical amendment.--The heading of paragraph (4) of \n section 144(a) of such Code is amended by striking \n ``$10,000,000'' and inserting ``$20,000,000''.\n (4) Effective date.--The amendments made by this subsection \n shall apply to--\n (A) obligations issued after the date of the \n enactment of this Act, and\n (B) capital expenditures made after such date with \n respect to obligations issued on or before such date.\n (b) Definition of Manufacturing Facility.--\n (1) In general.--Section 144(a)(12)(C) of such Code \n (defining manufacturing facility) is amended to read as \n follows:\n ``(C) Manufacturing facility.--For the purposes of \n this paragraph, the term `manufacturing facility' means \n any facility--\n ``(i) which is used in the manufacture of \n tangible personal property (including the \n processing resulting in a change in the \n condition of such property),\n ``(ii) which is used in the manufacture, \n development, or production of specifically \n developed software products or processes if--\n ``(I) it takes more than 6 months \n to develop or produce such products,\n ``(II) the development or \n production could not with due diligence \n be reasonably expected to occur in less \n than 6 months, and\n ``(III) the software product or \n process comprises programs, routines, \n and attendant documentation developed \n and maintained for use in computer and \n telecommunications technology, or\n ``(iii) which is used in the manufacture, \n development, or production of specially \n developed biobased or bioenergy products or \n processes if--\n ``(I) it takes more than 6 months \n to develop or produce,\n ``(II) the development or \n production could not with due diligence \n be reasonably expected to occur in less \n than 6 months, and\n ``(III) the biobased or bioenergy \n product or process comprises products, \n processes, programs, routines, and \n attendant documentation developed and \n maintained or the utilization of \n biological materials in commercial or \n industrial products, or renewable \n domestic agricultural or forestry \n materials in commercial or industrial \n products, or for the utilization of \n biomass materials.\n ``(D) Related facility.--For purposes of \n subparagraph (C), the term `manufacturing facility' \n includes facilities that are directly and functionally \n related to a manufacturing facility (determined without \n regard to this sentence) if--\n ``(i) such facilities, including an office \n facility and a research and development \n facility, are located on the same site as the \n manufacturing facility, and\n ``(ii) not more than 40 percent of the net \n proceeds of the issue are used to provide such \n facilities, but shall not include a facility \n solely for research and development \n activities.''.\n (2) Effective date.--The amendment made by this subsection \n shall apply to obligations issued after the date of the \n enactment of this Act.\n\nSEC. 3. ACQUISITION INTEREST EXPENSES OF FINANCIAL INSTITUTIONS FOR \n SMALL ISSUE BONDS MADE DEDUCTIBLE.\n\n (a) In General.--Clause (ii) of section 265(b)(3)(B) of the \nInternal Revenue Code of 1986 (relating to certain bonds not treated as \nprivate activity bonds) is amended by striking ``or'' at the end of \nsubclause (I), by striking the period at the end of subclause (II) and \ninserting ``, or'', and by inserting after subclause (II) the following \nnew subclause:\n ``(III) any obligation which is a \n qualified small issue bond described in \n section 144(a)(12)(B) if such \n obligation is part of an issue the \n aggregate authorized face amount of \n which is less than $2,000,000.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto obligations issued after the date of the enactment of this Act.","summary":"Bond Financing Renewal Act of 2003 - Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2004. And (2) expand the definition of manufacturing facility to include certain biotech and software production.","title":"To amend the Internal Revenue Code of 1986 to modify the qualified small issue bond provisions.","text_len":6931,"sum_len":353} {"bill_id":"106_hr1435","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Banking Regulatory \nRelief Act of 1999''.\n\nSEC. 2. AMENDMENTS RELATING TO SAVINGS AND DEMAND DEPOSIT ACCOUNTS AT \n DEPOSITORY INSTITUTIONS.\n\n (a) Interest-Bearing Transaction Accounts Authorized for All \nBusinesses.--Section 2 of Public Law 93-100 (12 U.S.C. 1832) is \namended--\n (1) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (2) by inserting after subsection (a) the following:\n ``(b) Interaccount Transfers.--\n ``(1) In general.--Notwithstanding any other provision of \n law, any depository institution may permit the owner of any \n deposit or account on which interest or dividends are paid to \n make up to 24 transfers per month, for any purpose, to another \n account of the owner in the same institution.\n ``(2) Rule of construction.--No provision of this \n subsection shall be construed as preventing an account offered \n pursuant to this subsection from being considered a transaction \n account (as defined in section 19(b) of the Federal Reserve Act \n (12 U.S.C. 461(b)) for purposes of such Act.''.\n (b) Now Accounts Authorized for All Businesses After September 30, \n2001.--\n (1) In general.--Effective on the date provided in \n paragraph (3), section 2 of Public Law 93-100 (12 U.S.C. 1832) \n (as amended by subsection (a) of this section) is amended to \n read as follows:\n\n``SEC. 2. WITHDRAWALS BY NEGOTIABLE OR TRANSFERABLE INSTRUMENTS FOR \n TRANSFERS TO THIRD PARTIES.\n\n ``(a) In General.--Notwithstanding any other provision of law, any \ndepository institution (as defined in section 3 of the Federal Deposit \nInsurance Act) may permit the owner of any deposit or account to make \nwithdrawals from such deposit or account by negotiable or transferable \ninstruments for the purpose of making payments to third parties.\n ``(b) Escrow Accounts.--With respect to an escrow account, a lender \nor servicer shall pay interest on such account only if such payments \nare required by--\n ``(1) a contract between the lender or servicer and the \n borrower; or\n ``(2) a specific statutory provision of the law in effect \n in the State in which the property which is secured by the loan \n is located requires the lender or servicer to make such \n payments.''.\n (2) Repeal of prohibition on payment of interest on demand \n deposits.--\n (A) Federal reserve act.--Section 19(i) of the \n Federal Reserve Act (12 U.S.C. 371a(i)) is amended to \n read as follows:\n ``(i) [Repealed]''.\n (B) Home owners' loan act.--The 1st sentence of \n section 5(b)(1)(B) of the Home Owners' Loan Act (12 \n U.S.C. 1464(b)(1)(B)) is amended by striking ``savings \n association may not--'' and all that follows through \n ``(ii) permit any'' and inserting ``savings association \n may not permit any''.\n (C) Federal deposit insurance act.--Section 18(g) \n of the Federal Deposit Insurance Act (12 U.S.C. \n 1828(g)) is amended to read as follows:\n ``(g) [Repealed]''.\n (3) Effective date.--The amendments made by this subsection \n shall take effect on October 1, 2001.\n\nSEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In General.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a depository \n institution to meet the reserve requirements of this \n subsection applicable with respect to such depository \n institution shall receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate not to exceed the rate earned on the \n securities portfolio of the Federal Reserve System \n during the preceding quarter.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(B), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions which are not \n member banks.''.\n (b) Technical and Conforming Amendments.--\n (1) Section 19(b)(4) of the Federal Reserve Act (12 U.S.C. \n 461(b)(4)) is amended by striking subparagraph (C).\n (2) Section 19(c)(1)(A) of the Federal Reserve Act (12 \n U.S.C. 461(c)(1)(A)) is amended by striking ``subsection \n (b)(4)(C)'' and inserting ``subsection (b)''.","summary":"Small Business Banking Regulatory Relief Act of 1999 - Amends Federal banking law with respect to a depository institution's authority to permit the holder of any interest-earning or dividend-earning deposit or account to make withdrawals from such account by negotiable or transferable instrument in order to make payments to third parties. Allows the owner of such an account to make up to 24 transfers per month, for any purpose, to another account in the same institution. Allows any depository institution to permit the owner of any deposit or account to make withdrawals for making payments to third parties. Provides conditions under which a lender or servicer shall pay interest on an escrow account. Repeals Federal provisions which prohibit the payment of interest on demand deposits. Amends the Federal Reserve Act to provide for the payment of earnings by Federal reserve banks on balances maintained at such banks by or on behalf of a depository institution in order to meet Federal reserve requirements. Authorizes the Board of Governors of the Federal Reserve System to prescribe regulations with regard to such payments and their distribution and crediting.","title":"Small Business Banking Regulatory Relief Act of 1999","text_len":5949,"sum_len":1173} {"bill_id":"108_hr34","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy and Science Research \nInvestment Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Office of Science is the largest Federal sponsor of \n civilian research in the physical sciences and plays a major \n role in supporting interdisciplinary research that contributes \n to other scientific fields, including the life sciences, \n mathematics, computer science, engineering, and the \n environmental sciences.\n (2) The Department of Energy's laboratories have scientific \n capabilities that are unmatched in typical academic or \n industrial institutions. Their scientific teams can develop \n integrated approaches to grand scientific challenges that are \n often beyond the reach of individual experimenters. The Human \n Genome Project exemplifies this capability.\n (3) The facilities at the Department of Energy's \n laboratories are invaluable to scientists across disciplines, \n including those from academia, industry, and government.\n (4) For more than half a century, science research has had \n an extraordinary impact on the economy, national security, \n medicine, energy, life sciences, and the environment. In the \n economic arena, studies show that about half of all United \n States post-World War II economic growth is a direct result of \n technological innovation stemming from scientific research.\n (5) The Department of Energy's Office of Science programs, \n in constant dollars, have been flat funded for more than a \n decade, placing our scientific leadership in jeopardy and \n limiting the generation of ideas that will enhance our security \n and drive future economic growth.\n (6) Because the cost of doing research increases at a \n faster rate than the Consumer Price Index, flat funding for the \n Office of Science has led to a decline in the number of grants \n awarded, students trained, and scientists supported. Flat and \n erratic funding has also led to an underutilization of the \n facilities that the United States has invested hundreds of \n millions of dollars to construct.\n (7) Higher funding levels for the Office of Science will \n provide more opportunities for young Americans to enter the \n fields of mathematics, engineering, and the physical sciences, \n helping to alleviate an increasing over-reliance on foreign \n talent in these fields.\n\n TITLE I--OFFICE OF SCIENCE AUTHORIZATION\n\nSEC. 101. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Program Direction.--The Secretary of Energy, acting through the \nOffice of Science, shall--\n (1) conduct a comprehensive program of fundamental \n research, including research on chemical sciences, physics, \n materials sciences, biological and environmental sciences, \n geosciences, engineering sciences, plasma sciences, \n mathematics, and advanced scientific computing;\n (2) maintain, upgrade, and expand the scientific user \n facilities maintained by the Office of Science and ensure that \n they are an integral part of the departmental mission for \n exploring the frontiers of fundamental science;\n (3) maintain a leading-edge research capability in the \n energy-related aspects of nanoscience and nanotechnology, \n advanced scientific computing and genome research; and\n (4) ensure that its fundamental science programs, where \n appropriate, help inform the applied research and development \n programs of the Department.\n (b) Fiscal Year 2004.--\n (1) In general.--There are authorized to be appropriated to \n the Office of Science $3,624,454,000 for fiscal year 2004.\n (2) Specific allocations.--The amount authorized under \n paragraph (1) shall be allocated as follows:\n (A) General research activities (including \n university programs, facilities operations, national \n laboratory programs, accelerator research and \n development, workforce development, construction \n carryovers from years prior to fiscal year 2004, and \n program administration): $3,494,454,000.\n (B) Initiatives consistent with interagency \n guidance (among them nanoscience centers, advanced \n complex-simulation computing, and Genomes-to-Life \n centers): $80,000,000.\n (C) New construction: $50,000,000.\n (c) Fiscal Year 2005.--\n (1) In general.--There are authorized to be appropriated to \n the Office of Science $4,015,000,000 for fiscal year 2005.\n (2) Specific allocations.--The amount authorized under \n paragraph (1) shall be allocated as follows:\n (A) General research activities (including \n university programs, facilities operations, national \n laboratory programs, accelerator research and \n development, workforce development, construction \n carryovers from years prior to fiscal year 2004, and \n program administration): $3,820,000,000.\n (B) Initiatives consistent with interagency \n guidance (among them nanoscience centers, advanced \n complex-simulation computing, and Genomes-to-Life \n centers): $130,000,000.\n (C) New construction: $65,000,000.\n (d) Fiscal Year 2006.--\n (1) In general.--There are authorized to be appropriated to \n the Office of Science $4,618,000,000 for fiscal year 2006.\n (2) Specific allocations.--The amount authorized under \n paragraph (1) shall be allocated as follows:\n (A) General research activities (including \n university programs, facilities operations, national \n laboratory programs, accelerator research and \n development, workforce development, construction \n carryovers from years prior to fiscal year 2004, and \n program administration): $4,243,000,000.\n (B) Initiatives consistent with interagency \n guidance (among them nanoscience centers, advanced \n complex-simulation computing, and Genomes-to-Life \n centers): $205,000,000.\n (C) New construction: $170,000,000.\n (e) Fiscal Year 2007.--\n (1) In general.--There are authorized to be appropriated to \n the Office of Science $5,310,000,000 for fiscal year 2007.\n (2) Specific allocations.--The amount authorized under \n paragraph (1) shall be allocated as follows:\n (A) General research activities (including \n university programs, facilities operations, national \n laboratory programs, accelerator research and \n development, workforce development, construction \n carryovers from years prior to fiscal year 2004, and \n program administration): $4,815,000,000.\n (B) Initiatives consistent with interagency \n guidance (among them nanoscience centers, advanced \n complex-simulation computing, and Genomes-to-Life \n centers): $215,000,000.\n (C) New construction: $280,000,000.\n\nSEC. 102. REPORTING.\n\n Not later than 60 days after the date of enactment of legislation \nproviding for the annual appropriation of funds for the Office of \nScience, the Director of the Office of Science, henceforth referred to \nas the Assistant Secretary of Science, in accordance with section \n201(b) of this Act, shall submit to the Committee on Science of the \nHouse of Representatives and the Committee on Energy and Natural \nResources of the Senate a plan for the allocation of funds authorized \nby this Act for the corresponding fiscal year. The plan shall include a \ndescription of how the allocation of funding will--\n (1) affect trends in research support for major fields and \n subfields of the physical sciences, mathematics, and \n engineering, including emerging multidisciplinary areas;\n (2) affect the utilization of the Department's facilities;\n (3) address the workforce needs by field of science, \n mathematics, and engineering; and\n (4) ensure that research in the physical sciences, \n mathematics, and engineering is adequate to address important \n research opportunities in these fields.\n\n TITLE II--SCIENCE MANAGEMENT\n\nSEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND \n TECHNOLOGY PROGRAMS.\n\n (a) Effective Top-Level Coordination of Research and Development \nPrograms.--Section 202(b) of the Department of Energy Organization Act \n(42 U.S.C. 7132(b)) is amended to read as follows:\n ``(b)(1) There shall be in the Department an Under Secretary for \nEnergy Research and Science, who shall be appointed by the President, \nby and with the advice and consent of the Senate. The Under Secretary \nshall be compensated at the rate provided for at level III of the \nExecutive Schedule under section 5314 of title 5, United States Code.\n ``(2) The Under Secretary for Energy Research and Science shall be \nappointed from among persons who--\n ``(A) have extensive background in scientific or \n engineering fields; and\n ``(B) are well qualified to manage the civilian research \n and development programs of the Department of Energy.\n ``(3) The Under Secretary for Energy Research and Science shall--\n ``(A) serve as the Science and Technology Advisor to the \n Secretary;\n ``(B) monitor the Department's research and development \n programs in order to advise the Secretary with respect to any \n undesirable duplication or gaps in such programs;\n ``(C) advise the Secretary with respect to the well-being \n and management of the science laboratories under the \n jurisdiction of the Department;\n ``(D) advise the Secretary with respect to education and \n training activities required for effective short- and long-term \n basic and applied research activities of the Department;\n ``(E) advise the Secretary with respect to grants and other \n forms of financial assistance required for effective short- and \n long-term basic and applied research activities of the \n Department; and\n ``(F) exercise authority and responsibility over Assistant \n Secretaries carrying out energy research and development and \n energy technology functions under sections 203 and 209, as well \n as other elements of the Department assigned by the \n Secretary.''.\n (b) Reconfiguration of Position of Director of the Office of \nScience.--Section 209 of the Department of Energy Organization Act (41 \nU.S.C. 7139) is amended to read as follows:\n\n ``office of science\n\n ``Sec. 209. (a) There shall be within the Department an Office of \nScience, to be headed by an Assistant Secretary of Science, who shall \nbe appointed by the President, by and with the advice and consent of \nthe Senate, and who shall be compensated at the rate provided for level \nIV of the Executive Schedule under section 5315 of title 5, United \nStates Code.\n ``(b) The Assistant Secretary of Science shall be in addition to \nthe Assistant Secretaries provided for under section 203 of this Act.\n ``(c) It shall be the duty and responsibility of the Assistant \nSecretary of Science to carry out the fundamental science and \nengineering research functions of the Department, including the \nresponsibility for policy and management of such research, as well as \nother functions vested in the Secretary which he may assign to the \nAssistant Secretary.''.\n (c) Additional Assistant Secretary Position To Enable Improved \nManagement of Nuclear Energy Issues.--(1) Section 203(a) of the \nDepartment of Energy Organization Act (42 U.S.C. 7133(a)) is amended by \nstriking ``There shall be in the Department six Assistant Secretaries'' \nand inserting ``Except as provided in section 209, there shall be in \nthe Department seven Assistant Secretaries''.\n (2) It is the sense of the House of Representatives that the \nleadership for departmental missions in nuclear energy should be at the \nAssistant Secretary level.\n (d) Technical and Conforming Amendments.--(1) Section 202 of the \nDepartment of Energy Organization Act (42 U.S.C. 7132) is further \namended by adding the following at the end:\n ``(d) There shall be in the Department an Under Secretary, who \nshall be appointed by the President, by and with the advice and consent \nof the Senate, and who shall perform such functions and duties as the \nSecretary shall prescribe, consistent with this section. The Under \nSecretary shall be compensated at the rate provided for level III of \nthe Executive Schedule under section 5314 of title 5, United States \nCode.\n ``(e) There shall be in the Department a General Counsel, who shall \nbe appointed by the President, by and with the advice and consent of \nthe Senate. The General Counsel shall be compensated at the rate \nprovided for level IV of the Executive Schedule under section 5315 of \ntitle 5, United States Code.''.\n (2) Section 5314 of title 5, United States Code, is amended by \nstriking ``Under Secretaries of Energy (2)'' and inserting ``Under \nSecretaries of Energy (3)''.\n (3) Section 5315 of title 5, United States Code, is amended by--\n (A) striking ``Director, Office of Science, Department of \n Energy.''; and\n (B) striking ``Assistant Secretaries of Energy (6)'' and \n inserting ``Assistant Secretaries of Energy (8)''.\n (4) The table of contents for the Department of Energy Organization \nAct (42 U.S.C. 7101 note) is amended--\n (A) by striking ``Section 209'' and inserting ``Sec. 209'';\n (B) by striking ``213.'' and inserting ``Sec. 213.'';\n (C) by striking ``214.'' and inserting ``Sec. 214.'';\n (D) by striking ``215.'' and inserting ``Sec. 215.''; and\n (E) by striking ``216.'' and inserting ``Sec. 216.''.\n\nSEC. 202. SCIENCE ADVISORY BOARD FOR THE OFFICE OF SCIENCE.\n\n (a) Establishment.--There shall be in the Office of Science a \nScience Advisory Board, comprising the chairs of the advisory panels \nfor each of the programs.\n (b) Responsibilities.--The Science Advisory Board shall--\n (1) serve as the science advisor to the Assistant Secretary \n of Science;\n (2) advise the Assistant Secretary with respect to the \n well-being and management of the multipurpose laboratories;\n (3) advise the Assistant Secretary with respect to \n education and workforce-training activities required for \n effective short- and long-term basic and applied research \n activities of the Office of Science; and\n (4) advise the Assistant Secretary with respect to the \n well-being of the university research programs supported by the \n Office of Science.","summary":"Energy and Science Research Investment Act of 2003 - Instructs the Secretary of Energy to: (1) conduct a comprehensive fundamental research program in designated sciences. And (2) upgrade and expand scientific user facilities maintained by the Office of Science in order to ensure that fundamental science programs aid the applied research and development programs of the Department of Energy (DOE). Authorizes appropriations for FY 2004 through 2007. Amends the Department of Energy Organization Act to establish within DOE: (1) an Under Secretary for Energy Research and Science, to serve as the Science and Technology Advisor to the Secretary, and to exercise authority and responsibility over Assistant Secretaries implementing energy research and development, and energy technology functions. (2) an Assistant Secretary of Science to head the Office of Science, (3) an additional position for Assistant Secretary, (4) the position of General Counsel. And (5) a Science Advisory Board composed of the chairs of the advisory panels for each of the programs.","title":"To authorize appropriations for fiscal years 2004, 2005, 2006, and 2007 for the Department of Energy Office of Science, to ensure that the United States is the world leader in key scientific fields by restoring a healthy balance of science funding, to ensure maximum utilization of the national user facilities, and to secure the Nation's supply of scientists for the 21st century, and for other purposes.","text_len":15627,"sum_len":1060} {"bill_id":"111_s3849","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Job Preservation for Parents in \nPoverty Act''.\n\nSEC. 2. EXTENSION AND MODIFICATION OF THE TANF EMERGENCY FUND.\n\n (a) Extension.--\n (1) In general.--Section 403(c) of the Social Security Act \n (42 U.S.C. 603(c)) is amended--\n (A) in paragraph (2)(A), by inserting ``, and for \n the first quarter of fiscal year 2011, $500,000,000'' \n before ``for payment'';\n (B) by striking paragraph (2)(B) and inserting the \n following:\n ``(B) Availability and use of funds.--\n ``(i) Fiscal years 2009 and 2010.--The \n amounts appropriated to the Emergency Fund \n under subparagraph (A) for fiscal year 2009 \n shall remain available through fiscal year 2010 \n and shall be used to make grants to States in \n each of fiscal years 2009 and 2010 in \n accordance with paragraph (3), except that the \n amounts shall remain available through fiscal \n year 2011 to make grants and payments to States \n in accordance with paragraph (3)(C) to cover \n expenditures to subsidize employment positions \n held by individuals placed in the positions \n before fiscal year 2011.\n ``(ii) Fiscal year 2011.--Subject to clause \n (iii), the amounts appropriated to the \n Emergency Fund under subparagraph (A) for the \n first quarter of fiscal year 2011 shall remain \n available through fiscal year 2012 and shall be \n used to make grants to States based on \n expenditures in the first quarter of fiscal \n year 2011 for benefits and services provided in \n the first quarter of fiscal year 2011 in \n accordance with the requirements of paragraph \n (3).\n ``(iii) Reservation of funds.--Of the \n amounts appropriated to the Emergency Fund \n under subparagraph (A) for the first quarter of \n fiscal year 2011, $500,000 shall be placed in \n reserve for use in fiscal year 2012, and shall \n be used to award grants for any expenditures \n described in this subsection incurred by States \n after December 31, 2010.'';\n (C) in paragraph (2)(C), by striking ``2010'' and \n inserting ``2012'';\n (D) in paragraph (3)--\n (i) in clause (i) of each of subparagraphs \n (A), (B), and (C)--\n (I) by inserting ``, and the first \n calendar quarter of fiscal year 2011,'' \n after ``2009 or 2010,'';\n (II) by striking ``and'' at the end \n of subclause (I);\n (III) by striking the period at the \n end of subclause (II) and inserting ``; \n and''; and\n (IV) by adding at the end the \n following:\n ``(III) if the quarter is in fiscal \n year 2011, has provided the Secretary \n with such information as the Secretary \n may find necessary in order to make the \n determinations, or take any other \n action, described in paragraph \n (5)(C).''; and\n (ii) in subparagraph (C), by adding at the \n end the following:\n ``(iv) Limitation on expenditures for \n subsidized employment.--An expenditure for \n subsidized employment shall be taken into \n account under clause (ii) only if the \n expenditure is used to subsidize employment \n for--\n ``(I) a member of a needy family \n (without regard to whether the family \n is receiving assistance under the State \n program funded under this part); or\n ``(II) an individual who has \n exhausted (or, within 60 days, will \n exhaust) all rights to receive \n unemployment compensation under Federal \n and State law, and who is a member of a \n needy family.'';\n (E) by striking paragraph (5) and inserting the \n following:\n ``(5) Limitations on payments; adjustment authority.--\n ``(A) Fiscal years 2009 and 2010.--The total amount \n payable to a single State under subsection (b) and this \n subsection for fiscal years 2009 and 2010 combined \n shall not exceed 50 percent of the annual State family \n assistance grant.\n ``(B) Fiscal year 2011.--Subject to subparagraph \n (C), the total amount payable to a single State under \n subsection (b) and this subsection for the first \n quarter of fiscal year 2011 shall not exceed 5 percent \n of the annual State family assistance grant.\n ``(C) Adjustment authority.--If the Secretary \n determines that the Emergency Fund is at risk of being \n depleted before December 31, 2010, or that funds are \n available to accommodate additional State requests \n under this subsection, the Secretary may, through \n program instructions issued without regard to the \n requirements of section 553 of title 5, United States \n Code--\n ``(i) specify priority criteria for \n awarding grants to States during the first \n quarter of fiscal year 2011; and\n ``(ii) adjust the percentage limitation \n applicable under subparagraph (B) with respect \n to the total amount payable to a single State \n for the first quarter of fiscal year 2011.''; \n and\n (F) in paragraph (6), by inserting ``or for \n expenditures described in paragraph (3)(C)(iv)'' before \n the period.\n (2) Conforming amendments.--Section 2101 of division B of \n the American Recovery and Reinvestment Act of 2009 (Public Law \n 111-5) is amended--\n (A) in subsection (a)(2)--\n (i) by striking ``October 1, 2010'' and \n inserting ``January 1, 2011''; and\n (ii) by striking all that follows \n ``repealed'' and inserting a period; and\n (B) in subsection (d)(1), by striking ``October 1, \n 2010'' and inserting ``January 1, 2011''.\n (b) Modification of Grant Requirements.--\n (1) In general.--Effective October 1, 2010, section 403(c) \n of the Social Security Act (42 U.S.C. 603(c)), as amended by \n subsection (a), is amended--\n (A) in paragraph (3)(A)--\n (i) by striking ``related to caseload \n increases'' in the heading and inserting \n ``related to increased expenditures'';\n (ii) by striking clause (ii) and \n redesignating clause (iii) as clause (ii); and\n (iii) by striking ``each State that'' and \n all that follows in clause (i) and inserting \n ``each State that requests a grant under this \n subparagraph for the quarter, to the extent \n provided in clause (ii)'';\n (B) in paragraph (4), by striking ``the caseload of \n a State and''; and\n (C) in paragraph (9)--\n (i) by striking subparagraph (A) and \n redesignating subparagraphs (B) and (C) as \n subparagraphs (A) and (B), respectively; and\n (ii) by striking ``The average monthly \n assistance caseload of the State.'' in clause \n (ii)(I) and inserting ``The average quarterly \n total expenditures of the State for basic \n assistance (as defined by the Secretary under \n paragraph (3)(A)(ii)).''.\n (2) Conforming amendments.--Effective October 1, 2010, \n section 407(b)(3) of the Social Security Act (42 U.S.C. \n 607(b)(3)) is amended--\n (A) by striking ``(within the meaning of section \n 403(c)(9))'' in subparagraph (A)(i); and\n (B) by adding at the end the following new \n subparagraph:\n ``(C) Average monthly assistance caseload.--For \n purposes of this paragraph, the term `average monthly \n assistance caseload' means, with respect to a State and \n a quarter, the number of families receiving assistance \n during the quarter under the State program funded under \n this part or as qualified State expenditures, subject \n to adjustment by the Secretary as permitted by section \n 403(c)(4).''.\n (c) Program Guidance.--The Secretary of Health and Human Services \nshall issue program guidance, without regard to the requirements of \nsection 553 of title 5, United States Code, which ensures that the \nfunds provided under the amendments made by this section to a \njurisdiction for subsidized employment do not support any subsidized \nemployment position the annual salary of which is greater than, at \nState option--\n (1) 200 percent of the poverty line (within the meaning of \n section 673(2) of the Omnibus Budget Reconciliation Act of \n 1981, including any revision required by such section 673(2)) \n for a family of 4; or\n (2) the median wage in the jurisdiction.\n\nSEC. 3. FUNDING LEVEL OF TANF CONTINGENCY FUND.\n\n Notwithstanding any other provision of law, the total amount \nappropriated for the Contingency Fund for State Welfare Programs \nestablished under section 403(b) of the Social Security Act (42 U.S.C. \n603(b)) shall be--\n (1) for fiscal year 2012, $112,000,000; and\n (2) for fiscal year 2013, $612,000,000.","summary":"Job Preservation for Parents in Poverty Act - Amends part A (TANF) of title IV of the Social Security Act to revise and extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs at current levels through the first quarter of FY2011. Places a certain amount of appropriations in reserve for use in FY2012. Prohibits the Secretary of Health and Human Services (HHS) from making a grant from the Emergency Contingency Fund for a fiscal year after FY2012. Limits expenditures for subsidized employment to employment for: (1) a member of a needy family. Or (2) a member of a needy family who has exhausted all rights to receive unemployment compensation under federal and state law. Reduces the funding level of the (regular) Contingency Fund for State Welfare Programs for FY2012 and FY2013 .","title":"A bill to extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Program, and for other purposes.","text_len":11615,"sum_len":827} {"bill_id":"104_hr3821","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Youth Protection From Tobacco \nAddiction Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Cigarette smoking and tobacco use account for \n approximately 450,000 deaths each year in the United States.\n (2) Cigarette smoking accounts for approximately \n $65,000,000,000 each year in lost productivity and health care \n costs.\n (3) Tobacco products are as addictive as cocaine and \n heroin.\n (4) Each day in the United States, approximately 3,000 \n children try their first cigarette, many of whom will become \n addicted and will die prematurely.\n (5) The tobacco industry spends over $6,000,000,000 each \n year to promote and advertise its products using images of \n sexual attraction, sophistication, athletic abilities, and good \n health.\n (6) The present advertising and promotional themes used by \n the tobacco industry strongly influence youth tobacco use and \n it is in the Government's interests to prohibit tobacco \n advertising and promotion to discourage the use of tobacco by \n the Nation's youth.\n (7) In spite of the well established and well known dangers \n of tobacco products, the tobacco industry has for years denied \n that their products cause disease or are addictive.\n (8) Of adult smokers, 82 percent smoked their first \n cigarette before the age of 18. Of young people who become \n regular smokers, 70 percent regret their decision to smoke.\n (9) Voluntary agreements with the tobacco industry, which \n have been attempted for more than 30 years, have been shown to \n be ineffective.\n\nSEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PROMOTION, AND PACKAGING.\n\n (a) Advertising.--It shall be unlawful for any manufacturer, \npacker, distributor, importer, or seller of tobacco products in or \naffecting commerce to advertise or cause to be advertised any tobacco \nproduct.\n (b) Promotion.--It shall be unlawful to--\n (1) distribute any tobacco product as a free sample or to \n make any tobacco product available at no cost as the result of \n coupons or other method which allows tobacco products to be \n obtained for free or for reduced cost;\n (2) sponsor or cause to be sponsored any athletic, music, \n artistic, or other event in the name of a registered brand \n name, logo, or symbol of a tobacco product or in a manner so \n that a registered brand name, logo, or symbol of a tobacco \n product is publicly identified as a sponsor of or in any way \n associated with such an event, except if the registered brand \n name is also the name of the corporation which manufactures the \n tobacco product and both the registered brand and the \n corporation were in existence prior to January 1, 1996;\n (3) market or cause to be marketed nontobacco products or \n services which bear the name of a registered brand name, logo, \n symbol of a tobacco product, except if the registered brand \n name is also the name of the corporation which manufactures the \n tobacco product and both the registered brand and the \n corporation were in existence prior to January 1, 1996;\n (4) pay or cause to be paid to have any tobacco product or \n the registered brand name, logo, or symbol of any tobacco \n product appear in any movie, television show, play, video \n arcade game, or other form of entertainment, except if the \n registered brand name is also the name of the corporation which \n manufactures the tobacco product and both the registered brand \n and the corporation were in existence prior to January 1, 1996; \n and\n (5) pay or cause to be paid to have the registered brand \n name, logo, or symbol of any tobacco product appear on any toy \n commonly used by persons under the age of 18, or on any \n vehicle, boat, or other equipment used in sports, or on a \n sports stadium or other sports facility or any other facility \n where sporting activity is regularly performed, except if the \n registered brand name is also the name of the corporation which \n manufactures the tobacco product and both the registered brand \n and the corporation were in existence prior to January 1, 1996.\n (c) Tobacco Product Packages.--It shall be unlawful for any person \nto manufacture, package, distribute, or import for sale or distribution \nwithin the United States any tobacco product the package of which fails \nto comply with the following requirements:\n (1) No human figure or facsimile thereof, no brand name \n logo or symbol, and no picture shall be used in or as part of \n any tobacco product package.\n (2) The print on any tobacco product package shall be black \n on a white background.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Injunction.--The district courts of the United States shall \nhave jurisdiction over civil actions brought to restrain violations of \nsection 3. Such a civil action may be brought in the United States \ndistrict court for the judicial district in which the violation \noccurred or in which the defendant is found or transacts business. In \nsuch a civil action process may be served on a defendant in any \njudicial district in which the defendant resides or may be found and \nsubpoenas requiring attendance of witnesses in any such action may be \nserved in any judicial district.\n (b) Misbranding.--Any tobacco product which is advertised, \npromoted, or packaged in violation of section 3 shall be considered a \nmisbranded drug under the Federal Food, Drug, and Cosmetic Act.\n\nSEC. 5. DEFINITIONS.\n\n As used in section 3:\n (1) The term ``tobacco product'' means--\n (A) cigarettes and little cigars as defined in \n section 3 of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1332),\n (B) cigars as defined in section 5702 of the \n Internal Revenue Code of 1954,\n (C) pipe tobacco and loose rolling tobacco,\n (D) smokeless tobacco as defined in section 9(1) of \n the Comprehensive Smokeless Tobacco Health Education \n Act of 1986, and\n (E) any other form of tobacco intended for human \n consumption.\n (2) The term ``advertisement'' means--\n (A) all newspapers and magazine advertisements and \n advertising inserts, billboards, posters, signs, \n decals, banners, matchbook advertising, point-of-\n purchase display material (except price information), \n and all other written or other material used for \n promoting the sale or consumption of tobacco products \n to consumers,\n (B) advertising promotion allowances, and\n (C) any other means used to promote the purchase of \n tobacco products.\n\nSEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.\n\n Nothing in this Act shall be construed to limit or restrict the \nexisting authority of the Federal Trade Commission with respect to \ntobacco products or promotion.\n\nSEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION.\n\n Nothing in this Act shall be construed to limit or restrict the \nexisting or future authority of the Food and Drug Administration with \nrespect to tobacco products or promotion.\n\nSEC. 8. PREEMPTION.\n\n Nothing in this Act or section 5 of the Federal Cigarette Labeling \nand Advertising Act (15 U.S.C. 1332 et seq.) shall prevent any State or \nlocal government from regulating--\n (1) the location of any advertising for tobacco products \n which is displayed within the geographic area governed by the \n applicable State or local government, such as advertising on \n billboards and on transit vehicles, and\n (2) the sale, distribution, or promotion of tobacco \n products within the geographic area governed by the applicable \n State or local government,\nso long as such actions are consistent with and no less restrictive \nthan requirements of this Act and the Federal Cigarette Labeling and \nAdvertising Act.\n\nSEC. 9. CONSTRUCTION.\n\n Nothing in this Act shall supersede, repeal, or modify any \nrequirement of the Federal Cigarette Labeling and Advertising Act, as \namended (15 U.S.C. 1332 et seq.) and the Comprehensive Smokeless \nTobacco Health Education Act of 1986.\n\nSEC. 10. EFFECTIVE DATE.\n\n This Act shall take effect 1 year from the date of enactment, \nexcept as follows:\n (1) Advertising on billboards which violates section 3 \n shall be prohibited effective 2 years after the date of \n enactment.\n (2) The prohibition of sponsorship of any athletic, music, \n artistic, or other event in the name of a registered brand \n name, logo, or symbol of a tobacco product or in a manner so \n that a registered brand name, logo, or symbol of a tobacco \n product is publicly identified as a sponsor of or in any way \n associated with such an event shall apply--\n (A) in the case of events subject to contracts \n which were entered into before the enactment of the \n Act, 3 years after such date or after the termination \n of the contract, whichever occurs first; and\n (B) in the case of events subject to contracts and \n contract renewals entered into on or after the date of \n enactment of this Act, on such date.","summary":"Youth Protection From Tobacco Addiction Act of 1996 - Places specified limitations on tobacco advertising, promotion, and packaging.","title":"Youth Protection From Tobacco Addiction Act of 1996","text_len":9969,"sum_len":132} {"bill_id":"111_hr4424","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Renewable Energy \nInvestment Act''.\n\nSEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE \n ELECTRICITY BY GEOTHERMAL POWER.\n\n (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal \nRevenue Code of 1986 is amended--\n (1) in subclause (III), by striking ``and''; and\n (2) by adding at the end the following:\n ``(V) energy property described in \n paragraph (3)(A)(iii), but only with \n respect to periods ending before \n January 1, 2017, and''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF \n CREDIT.\n\n (a) In General.--Subsection (a) of section 1603 of the American \nRecovery and Reinvestment Tax Act of 2009 is amended by striking \n``unless such property--'' and all that follows through the period at \nthe end and inserting the following: ``unless such property is placed \nin service before the credit termination date with respect to such \nproperty.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto grants made after the date of the enactment of this Act.\n\nSEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT \n PARTIES.\n\n (a) In General.--Subpart B of part II of subchapter E of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 457 the following new section:\n\n``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX \n INDIFFERENT PARTIES.\n\n ``(a) In General.--Any compensation which is deferred under a \nnonqualified deferred compensation plan of a nonqualified entity shall \nbe includible in gross income when there is no substantial risk of \nforfeiture of the rights to such compensation.\n ``(b) Nonqualified Entity.--For purposes of this section, the term \n`nonqualified entity' means--\n ``(1) any foreign corporation unless substantially all of \n its income is--\n ``(A) effectively connected with the conduct of a \n trade or business in the United States, or\n ``(B) subject to a comprehensive foreign income \n tax, and\n ``(2) any partnership unless substantially all of its \n income is allocated to persons other than--\n ``(A) foreign persons with respect to whom such \n income is not subject to a comprehensive foreign income \n tax, and\n ``(B) organizations which are exempt from tax under \n this title.\n ``(c) Determinability of Amounts of Compensation.--\n ``(1) In general.--If the amount of any compensation is not \n determinable at the time that such compensation is otherwise \n includible in gross income under subsection (a)--\n ``(A) such amount shall be so includible in gross \n income when determinable, and\n ``(B) the tax imposed under this chapter for the \n taxable year in which such compensation is includible \n in gross income shall be increased by the sum of--\n ``(i) the amount of interest determined \n under paragraph (2), and\n ``(ii) an amount equal to 20 percent of the \n amount of such compensation.\n ``(2) Interest.--For purposes of paragraph (1)(B)(i), the \n interest determined under this paragraph for any taxable year \n is the amount of interest at the underpayment rate under \n section 6621 plus 1 percentage point on the underpayments that \n would have occurred had the deferred compensation been \n includible in gross income for the taxable year in which first \n deferred or, if later, the first taxable year in which such \n deferred compensation is not subject to a substantial risk of \n forfeiture.\n ``(d) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Substantial risk of forfeiture.--\n ``(A) In general.--The rights of a person to \n compensation shall be treated as subject to a \n substantial risk of forfeiture only if such person's \n rights to such compensation are conditioned upon the \n future performance of substantial services by any \n individual.\n ``(B) Exception for compensation based on gain \n recognized on an investment asset.--\n ``(i) In general.--To the extent provided \n in regulations prescribed by the Secretary, if \n compensation is determined solely by reference \n to the amount of gain recognized on the \n disposition of an investment asset, such \n compensation shall be treated as subject to a \n substantial risk of forfeiture until the date \n of such disposition.\n ``(ii) Investment asset.--For purposes of \n clause (i), the term `investment asset' means \n any single asset (other than an investment fund \n or similar entity)--\n ``(I) acquired directly by an \n investment fund or similar entity,\n ``(II) with respect to which such \n entity does not (nor does any person \n related to such entity) participate in \n the active management of such asset (or \n if such asset is an interest in an \n entity, in the active management of the \n activities of such entity), and\n ``(III) substantially all of any \n gain on the disposition of which (other \n than such deferred compensation) is \n allocated to investors in such entity.\n ``(iii) Coordination with special rule.--\n Paragraph (3)(B) shall not apply to any \n compensation to which clause (i) applies.\n ``(2) Comprehensive foreign income tax.--The term \n `comprehensive foreign income tax' means, with respect to any \n foreign person, the income tax of a foreign country if--\n ``(A) such person is eligible for the benefits of a \n comprehensive income tax treaty between such foreign \n country and the United States, or\n ``(B) such person demonstrates to the satisfaction \n of the Secretary that such foreign country has a \n comprehensive income tax.\n ``(3) Nonqualified deferred compensation plan.--\n ``(A) In general.--The term `nonqualified deferred \n compensation plan' has the meaning given such term \n under section 409A(d), except that such term shall \n include any plan that provides a right to compensation \n based on the appreciation in value of a specified \n number of equity units of the service recipient.\n ``(B) Exception.--Compensation shall not be treated \n as deferred for purposes of this section if the service \n provider receives payment of such compensation not \n later than 12 months after the end of the taxable year \n of the service recipient during which the right to the \n payment of such compensation is no longer subject to a \n substantial risk of forfeiture.\n ``(4) Exception for certain compensation with respect to \n effectively connected income.--In the case of a foreign \n corporation with income which is taxable under section 882, \n this section shall not apply to compensation which, had such \n compensation had been paid in cash on the date that such \n compensation ceased to be subject to a substantial risk of \n forfeiture, would have been deductible by such foreign \n corporation against such income.\n ``(5) Application of rules.--Rules similar to the rules of \n paragraphs (5) and (6) of section 409A(d) shall apply.\n ``(e) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection, including regulations disregarding a substantial risk of \nforfeiture in cases where necessary to carry out the purposes of this \nsection.''.\n (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended \nby striking ``and'' at the end of subparagraph (V), by striking the \nperiod at the end of subparagraph (W) and inserting ``, and'', and by \nadding at the end the following new subparagraph:\n ``(X) section 457A(c)(1)(B) (relating to \n determinability of amounts of compensation).''.\n (c) Clerical Amendment.--The table of sections of subpart B of part \nII of subchapter E of chapter 1 of such Code is amended by inserting \nafter the item relating to section 457 the following new item:\n\n``Sec. 457A. Nonqualified deferred compensation from certain tax \n indifferent parties.''.\n (d) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n amounts deferred which are attributable to services performed \n after December 31, 2008.\n (2) Application to existing deferrals.--In the case of any \n amount deferred to which the amendments made by this section do \n not apply solely by reason of the fact that the amount is \n attributable to services performed before January 1, 2009, to \n the extent such amount is not includible in gross income in a \n taxable year beginning before 2018, such amounts shall be \n includible in gross income in the later of--\n (A) the last taxable year beginning before 2018, or\n (B) the taxable year in which there is no \n substantial risk of forfeiture of the rights to such \n compensation (determined in the same manner as \n determined for purposes of section 457A of the Internal \n Revenue Code of 1986, as added by this section).\n (3) Accelerated payments.--No later than 120 days after the \n date of the enactment of this Act, the Secretary shall issue \n guidance providing a limited period of time during which a \n nonqualified deferred compensation arrangement attributable to \n services performed on or before December 31, 2008, may, without \n violating the requirements of section 409A(a) of the Internal \n Revenue Code of 1986, be amended to conform the date of \n distribution to the date the amounts are required to be \n included in income.\n (4) Certain back-to-back arrangements.--If the taxpayer is \n also a service recipient and maintains one or more nonqualified \n deferred compensation arrangements for its service providers \n under which any amount is attributable to services performed on \n or before December 31, 2008, the guidance issued under \n paragraph (4) shall permit such arrangements to be amended to \n conform the dates of distribution under such arrangement to the \n date amounts are required to be included in the income of such \n taxpayer under this subsection.\n (5) Accelerated payment not treated as material \n modification.--Any amendment to a nonqualified deferred \n compensation arrangement made pursuant to paragraph (4) or (5) \n shall not be treated as a material modification of the \n arrangement for purposes of section 409A of the Internal \n Revenue Code of 1986.","summary":"Enhancing Renewable Energy Investment Act - Amends the Internal Revenue Code to: (1) allow a 30 energy tax credit through 2016 for equipment used to produce electricity by geothermal power. And (2) require the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of certain foreign entities when there is no substantial risk of forfeiture of the rights to such compensation. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow an extension of the grant period for specified energy property in lieu of applicable tax credits.","title":"To increase the energy credit for equipment used to generate electricity by geothermal power, to extend the grants for specified energy property, and for other purposes.","text_len":12675,"sum_len":622} {"bill_id":"103_hr1254","text":"SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST \n THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE \n UNDER MARKETING ORDERS.\n\n (a) Donation Program.--The Secretary of Agriculture shall establish \na program to encourage and assist producers, processors, and other \nhandlers of agricultural commodities described in subsection (b) to \ndonate such commodities to selected food banks, soup kitchens, and \nhomeless shelters in the United States to assist the homeless and \nneedy.\n (b) Agricultural Commodities for Donation.--The agricultural \ncommodities eligible for donation under the program established under \nsubsection (a) are agricultural commodities that, while still fit for \nhuman consumption, are unmarketable because of grade, size, or quality \nrestrictions imposed by a marketing order issued under section 8c of \nthe Agricultural Adjustment Act (reenacted with amendments by the \nAgricultural Marketing Agreement Act of 1937) (7 U.S.C. 608c) or by a \nmarketing order or plan issued under another law relating to the \nresearch and promotion of a specific agricultural commodity.\n (c) Selection of Participants.--The Secretary of Agriculture may \nenter into agreements with producers, processors, and other handlers of \nagricultural commodities described in subsection (b) who offer to make \nsuch commodities available for donation under the program established \nunder subsection (a). As part of such an agreement, the Secretary may \nagree to pay all or part of the costs incurred to harvest, handle, \npackage, or process the agricultural commodity to be donated if the \nSecretary determines that--\n (1) the commodity would likely not be harvested, handled, \n packaged, or processed in the absence of the payment; and\n (2) volunteer harvesters or voluntary handling, packaging, \n or processing services are unavailable or unfeasible.\n (d) Eligible Food Banks, Soup Kitchens, and Homeless Shelters.--\n (1) Nomination by local governments.--Local governments in \n a State may nominate food banks, soup kitchens, and homeless \n shelters for selection to receive agricultural commodities \n under the program established under subsection (a). The \n nominations shall be submitted to the State official appointed \n by the chief executive of the State to receive such \n nominations.\n (2) State plan.--The State official referred to in \n paragraph (1) shall prepare a donation plan for the State based \n upon the nominations submitted under such paragraph. The \n official shall submit the plan to the Secretary of Agriculture \n at such times as the Secretary may require.\n (3) Selection by secretary.--Based upon the agricultural \n commodities and funds available for the program for a year, the \n Secretary of Agriculture shall review the submitted plans and \n select food banks, soup kitchens, and homeless shelters in each \n State to receive agricultural commodities under the program. If \n the State official referred to in paragraph (1) is not \n appointed for a State, the Secretary may establish an \n alternative method for the selection of food banks, soup \n kitchens, and homeless shelters in that State to receive \n agricultural commodities under the program.\n (4) Consultation.--The nomination and selection of food \n banks, soup kitchens, and homeless shelters under this \n subsection should be made after consultation with nonprofit \n organizations serving the homeless and needy and with other \n interested persons.\n (e) Distribution of Donated Agricultural Commodities.--The \nSecretary of Agriculture, in consultation with the Secretary of \nTransportation, shall enter into contracts with persons to collect, \nstore, and distribute agricultural commodities made available for \ndonation under the program established under subsection (a). Contracts \nunder this subsection shall be awarded on a competitive basis and may \nbe for such term as the Secretary of Agriculture considers to be \nappropriate.\n (f) Funds for Program.--The Secretary of Agriculture shall use \nfunds available for the purposes of section 32 of the Act entitled ``An \nAct to amend the Agricultural Adjustment Act, and for other \npurposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the \nprogram established under subsection (a), including the cost of \ncontracts entered into under subsection (e). Notwithstanding any other \nprovision of such section, the amount devoted to this program for a \nfiscal year shall be equal to at least 25 percent of the unobligated \nbalance remaining under such section at the end of the preceding fiscal \nyear.\n (g) Definitions.--For purposes of this section:\n (1) The term ``food bank'' means a public or charitable \n institution that maintains an established operation involving \n the provision of food or edible commodities, or the products of \n food or edible commodities, to food pantries, soup kitchens, \n hunger relief centers, or other food or feeding centers that \n provide meals or food to homeless or needy individuals on a \n regular basis.\n (2) The term ``soup kitchen'' means a public or charitable \n institution that maintains an established feeding operation to \n provide meals for individuals and families who do not have \n access to food and who are nutritionally at risk, such as the \n homeless, the elderly, and the impoverished.\n (3) The term ``homeless shelter'' means a public or \n charitable institution that maintains an established feeding \n operation to provide meals to homeless or needy individuals as \n part of a regular program to provide shelter, bedding, health \n care services, drug and alcohol abuse counseling, or \n occupational training to such individuals.","summary":"Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected US food banks, soup kitchens, and homeless shelters.","title":"To encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible, but unmarketable, agricultural commodities to food banks, soup kitchens, and homeless shelters.","text_len":6073,"sum_len":264} {"bill_id":"111_s1822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bank On Our Communities Act of \n2009''.\n\nSEC. 2. COMMUNITY CREDIT RENEWAL PROGRAM.\n\n Section 103 of the Emergency Economic Stabilization Act of 2008 (12 \nU.S.C. 5213) is amended--\n (1) by striking ``In exercising the authorities granted'' \n and inserting the following:\n ``(a) In General.--In exercising the authorities granted'';\n (2) in paragraph (5), by inserting before the semicolon the \n following: ``, except that the needs of certain small financial \n institutions may be taken into account, as set forth in \n paragraph (6), and the viability of certain small financial \n institutions may be established, as set forth in subsection \n (b)(3)''; and\n (3) by adding at the end the following:\n ``(b) Community Credit Renewal Program.--\n ``(1) In general.--There is established within the Treasury \n the Community Credit Renewal Fund, which shall be used by the \n Secretary to provide assistance to community banking \n institutions in an amount not to exceed $15,000,000,000.\n ``(2) Transfer of funds.--Of amounts made available to \n carry out this title, the Secretary shall transfer \n $15,000,000,000 to Community Credit Renewal Fund for purposes \n of this subsection.\n ``(3) Determination of viability.--Notwithstanding any \n other provision of this title, the Secretary shall provide \n assistance under this subsection to any community banking \n institution, and a community banking institution may establish \n its long-term viability for purposes of subsection (a)(4), by \n demonstrating its receipt of capital from investors other than \n the Secretary, if--\n ``(A) the amount of capital to be received from \n investors other than the Secretary is equal to or \n greater than the amount of capital to be received from \n the Secretary;\n ``(B) the aggregate amount of capital to be \n received from the Secretary and from investors other \n than the Secretary is determined, on the basis of a \n forward-looking assessment by the institution by its \n management (in consultation with the appropriate \n Federal banking agency), to enable the community \n banking institution to remain well-capitalized (as \n determined by the appropriate Federal banking agency) \n even under a reasonably adverse economic scenario \n during the 2-year period following the date of receipt \n of such capital, and to increase the outstanding loans \n of the community banking institution, by December 31, \n 2010, such that the total amount of commercial and \n industrial loans is at least 5 percent greater than the \n smallest amount of such loans held by the community \n banking institution, as of any quarter-end in calendar \n year 2009;\n ``(C) not later than--\n ``(i) 20 business days prior to the \n proposed date of the investment by the \n Secretary, the community banking institution \n notifies the Secretary, or the designee \n selected by the Secretary to receive such \n notice, of the amount of capital that the \n community banking institution proposes to \n solicit from investors other than the \n Secretary, on the condition that such capital \n will be matched or supplemented by an \n investment by the Secretary, and of the amount \n of capital that the community banking \n institution proposes be invested by the \n Secretary; and\n ``(ii) the close of business on the 5th \n business day after the date of the receipt of \n notice under clause (i) (or such longer period \n as the Secretary may reasonably establish, up \n to an additional 10 business days), the \n Secretary does not notify the community banking \n institution of the refusal of the Secretary to \n make the matching or supplementary investment \n and the grounds for such refusal, including the \n determination of the Secretary, in consultation \n with the appropriate Federal banking agency, \n that the aggregate amount of capital to be \n raised would not be enough to meet the \n requirements of this subsection, provided, \n however, that the Secretary may not refuse to \n make a matching or supplementary investment to \n an institution solely on the grounds that the \n institution holds a CAMEL composite rating of 3 \n under the Uniform Financial Institutions Rating \n System (or an equivalent rating under a \n comparable rating system);\n ``(D) the capital is received from investors other \n than the Secretary on the same day as the date of \n receipt of capital from the Secretary, and such date is \n prior to the earlier of--\n ``(i) 9 months after the date of enactment \n of this subsection; or\n ``(ii) September 30, 2010; and\n ``(E) the aggregate amount of funds invested by the \n Secretary under this subsection does not exceed \n $15,000,000,000.\n ``(4) Lending incentives and penalties.--\n ``(A) Penalties.--\n ``(i) In general.--The interest rate or \n dividend to be paid on the Federal capital \n provided under this subsection by a community \n banking institution shall be increased to a \n penalty rate established by the Secretary, \n which shall be not less than 5 percentage \n points higher than the initial dividend or \n interest rate set for all community banking \n institutions assisted under this subsection if, \n by December 31, 2010, the community banking \n institution has failed--\n ``(I) to increase its total amount \n of commercial, industrial, and consumer \n loans by a dollar amount that is equal \n to the amount of capital received from \n the Secretary; or\n ``(II) to increase its total amount \n of commercial and industrial loans by a \n dollar amount that is at least 5 \n percent greater than the smallest \n amount of such loans held by the \n community banking institution as of any \n quarter end of the first three quarters \n in calendar year 2009.\n ``(ii) Exemption authority.--The Secretary \n may provide for exceptions to the provisions of \n this paragraph in the case of exigent \n circumstances, as determined by the Secretary.\n ``(B) Incentives for commercial and industrial \n loans.--Notwithstanding any other provision of this \n title--\n ``(i) for each dollar that a community \n banking institution that has received \n assistance under this subsection does in \n commercial and industrial loans above the \n amounts described in subparagraph (A)(i)(II)--\n ``(I) the community banking \n institution may redeem or repurchase \n one dollar of securities or stock held \n by the Secretary at a discount level \n established by the Secretary, except \n that such level shall be a minimum of \n 20 percent below par; or\n ``(II) the Secretary may, by rule, \n allow for a reduction in the interest \n or dividend paid on the securities; and\n ``(ii) if the dollar increase in lending by \n a community banking institution that has \n received assistance under this subsection \n exceeds the total Federal assistance under this \n subsection, the Secretary may establish rules \n for additional discounts on redemption of stock \n or securities held by the Secretary.\n ``(5) Definitions.--As used in this subsection--\n ``(A) the term `community banking institution' \n means a insured depository institution, or a holding \n company thereof, having total assets of less than \n $5,000,000,000; and\n ``(B) the terms `insured depository institution' \n and `appropriate Federal banking agency' have the same \n meanings as in section 3 of the Federal Deposit \n Insurance Act (12 U.S.C. 1813).''.","summary":"Bank On Our Communities Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to provide that the needs and viability of insured depository institutions with total assets of less than $5 billion may be taken into account by the Secretary of the Treasury when exercising authority under EESA. Establishes within the Treasury the Community Credit Renewal Fund to provide up to $15 billion in assistance to community banking institutions. Prescribes the manner in which a community banking institution may establish its long-term viability by demonstrating receipt of capital from investors other than the Secretary. Subjects a community banking institution to penalties if has failed by December 31, 2010, to: (1) increase its total amount of commercial, industrial, and consumer loans by a dollar amount equal to the amount of capital received from the Secretary. Or (2) increase its total amount of commercial and industrial loans by a dollar amount at least 5 greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. Prescribes lending incentives to spur commercial and industrial loans by a community banking institution.","title":"A bill to amend the Emergency Economic Stabilization Act of 2008, with respect to considerations of the Secretary of the Treasury in providing assistance under that Act, and for other purposes.","text_len":10432,"sum_len":1251} {"bill_id":"110_hr43","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfields Housing and Community \nRenewal Development Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Congressional Findings.--The Congress finds the following:\n (1) Addressing the problem of contaminated abandoned \n industrial or commercial properties by funding programs that \n encourage the reuse of such properties must continue to be a \n priority of this country.\n (2) Brownfields grant programs funded through the \n Environmental Protection Agency (EPA) are utilized for \n environmental assessment, planning, job training, and cleanup.\n (3) EPA brownfields programs are not adequate to \n rehabilitate, demolish, or redevelop structures.\n (4) The Department of Housing and Urban Development is an \n appropriate agency to provide grants to redevelop contaminated, \n abandoned or underutilized buildings, which pose not only a \n possible health risk but also impact a community's quality of \n life.\n (5) Local communities need additional redevelopment \n programs that provide new flexibility to organizations to be \n part of community development efforts.\n (6) The Congress should fund appropriate Federal programs \n that allow communities to redevelop their neighborhoods and \n improve the quality of life in the surrounding areas.\n (b) Purpose.--The purpose of this Act is to empower local \ncommunities and their partners to clean and redevelop brownfields in \ntheir communities by providing--\n (1) flexibility for the development of local plans to \n address brownfields problems; and\n (2) access to economic development grant funds.\n\nSEC. 3. GRANT PROGRAM TO PROMOTE COMMUNITY RENEWAL THROUGH BROWNFIELD \n REDEVELOPMENT.\n\n Section 108 of the Housing and Community Development Act of 1974 \n(42 U.S.C. 5308) is amended--\n (1) by redesignating subsection (r) as subsection (s); and\n (2) by inserting after subsection (q) the following new \n subsection:\n ``(r) Grant Program to Promote Community Renewal Through Brownfield \nRedevelopment.--\n ``(1) Establishment of program.--The Secretary shall \n establish a program under this subsection to make grants to \n assist in carrying out redevelopment activities for brownfield \n sites and abandoned, idled, and underused industrial, \n commercial or housing structures located in brownfield sites.\n ``(2) Grantees and grant conditions.--A grant may be made \n under this subsection to a unit of general local government, \n including an agency of such a unit, an entity affiliated with \n such a unit, a nonprofit organization, or a community \n development corporation, but only pursuant to a grant proposal \n for redevelopment of a brownfield site or sites, which is \n submitted to and approved by the Secretary and ensures that the \n grant will be used for at least one of the following purposes:\n ``(A) To benefit low and moderate income \n communities.\n ``(B) To increase affordable housing opportunities.\n ``(C) To address imminent threats or urgent \n community needs.\n ``(D) To provide open spaces or parks.\n ``(3) Priority.--In awarding grants under this subsection, \n the Secretary shall give priority to grant proposals that \n ensure that the grant will be used for two or more of the \n objectives specified in subparagraphs (A) through (D) of \n paragraph (2).\n ``(4) Availability of assistance.--The Secretary shall not \n require, for eligibility to a grant under this section, that \n such grant amounts be used only in connection or conjunction \n with projects and activities assisted with a loan guaranteed \n under this section.\n ``(5) Grant amount.--Each grant award made under this \n subsection shall be of sufficient size to carry out the goals \n of this subsection, but shall not exceed $1,000,000.\n ``(6) Administrative costs.--A recipient of a grant under \n this subsection may use not more than 10 percent of the amount \n of the grant for reasonable administrative costs necessary in \n carrying out the brownfields project for which the grant is \n made.\n ``(7) Audits.--The Secretary shall establish and carry out \n procedures for auditing or reviewing grants made under this \n subsection.\n ``(8) Violations.--The Secretary shall establish and \n implement appropriate measures to sanction grantees who are \n found to have violated the requirements under this subsection \n or any grant conditions.\n ``(9) Definition.--For purposes of this subsection, the \n term `brownfield site' has the meaning given such term in \n section 101 of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9601).\n ``(10) Authorization of appropriations.--\n ``(A) In general.--There is authorized to be \n appropriated for grants under this subsection \n $25,000,000 for fiscal year 2008, $50,000,000 for \n fiscal year 2009, and $75,000,000 for fiscal year 2010.\n ``(B) Availability.--Any amounts appropriated \n pursuant to this paragraph shall remain available until \n expended.\n ``(11) Report to congress.--The Secretary shall submit a \n report to the Congress, not later than 30 months after the date \n of the enactment of the Brownfields Housing and Community \n Renewal Development Act, on the use and impact of the grant \n program under this subsection.''.","summary":"Brownfields Housing and Community Renewal Development Act - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a grants program for redevelopment activities for brownfield sites and abandoned, idled, and underused industrial, commercial, or housing structures located in brownfield sites.","title":"To amend the Housing and Community Development Act of 1974 to provide financial assistance for the development and reuse of brownfields.","text_len":6042,"sum_len":364} {"bill_id":"103_hr3646","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Meat and Poultry Products Inspection \nAmendments of 1993''.\n\nSEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION \n ACT.\n\n (a) Removal of Intrastate Distribution Limitation.--Subsection \n(a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C. \n661) is amended by striking ``solely for distribution within such \nState.''.\n (b) Use of State Inspectors.--Subsection (a) of such section is \namended by adding at the end the following new paragraph:\n ``(5) In addition to appointing inspectors under section \n 21, the Secretary may enter into agreements to utilize officers \n and employees of a State or the District of Columbia to conduct \n such examinations, investigations, and inspections authorized \n under this Act as the Secretary determines practicable.''.\n (c) Termination of Designation of State as Subject to Federal \nInspection for Intrastate Distribution.--Subsection (c)(3) of such \nsection is amended by striking ``, with respect to the operations and \ntransactions within such State which are regulated under subparagraph \n(1), he'' and inserting ``with respect to all establishments within its \njurisdiction which do not operate under Federal inspection under title \nI and at which any cattle, sheep, swine, goats, or equines are \nslaughtered, or their carcasses, or parts or products thereof, are \nprepared, for use as human food, and with respect to the distribution \nof carcasses, parts thereof, meat, or meat food products of such \nanimals within the States, the Secretary''.\n (d) Expansion of State Inspection Authority.--Such section is \nfurther amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d)(1) Except as provided in paragraph (2), carcasses, parts of \ncarcasses, meat, and meat food products of cattle, sheep, swine, goats, \nor equines prepared under State inspection in any State (other than a \nState designated under subsection (c)) in compliance with the meat \ninspection law of the State shall be eligible for sale or \ntransportation in interstate commerce, and for entry into and use in \nthe preparation of products in establishments at which Federal \ninspection is maintained under title I, in the same manner and to the \nsame extent as products prepared at such establishments.\n ``(2) State inspected articles described in paragraph (1), and \nfederally inspected articles prepared (in whole or in part) from such \nState inspected articles--\n ``(A) shall not be eligible for sale or transportation in \n foreign commerce; and\n ``(B) shall be separated at all times from all other \n federally inspected articles in any federally inspected \n establishment that engages in the preparation, sale, or \n transportation of carcasses, parts of carcasses, meat, or meat \n food products, for foreign commerce.\n ``(3) All carcasses, parts of carcasses, meat, and meat food \nproducts that are inspected in a program of inspection in a State \n(other than a State designated under subsection (c)) pursuant to State \nlaw shall be identified as so inspected only by official marks that \nidentify the State and are such design as the State shall prescribe. \nFederally inspected articles prepared (in whole or in part) from such \nState inspected articles shall be identified as so inspected only by \nthe same official marks as prescribed by the Secretary for articles \nslaughtered or prepared under title I.\n ``(4) Except as provided in paragraph (5), the operator of an \nestablishment operated under Federal or State inspection who wishes to \ntransfer to State or Federal inspection, as the case may be, may do so \nonly on October 1 of any year. Such transfer shall occur only if--\n ``(A) the operator provides written notice of the intention \n to transfer to both inspection agencies at least six months in \n advance of that date; and\n ``(B) the Secretary determines that the transfer will \n effectuate the purposes set forth in section 2 and will not \n adversely affect the stability of the total State and Federal \n inspection systems.\n ``(5) The Secretary may permit the operator of an establishment to \ntransfer from State to Federal inspection at any time if the operator \npresents clear and convincing evidence to the Secretary that the \nestablishment intends to, and will be able to, engage in foreign \ncommerce to a substantial extent in a manner which would require \nFederal inspection.\n ``(6) For purposes of this subsection, the term `interstate \ncommerce' means commerce between States or between a State and the \nDistrict of Columbia.''.\n (e) Prohibition on Additional or Different State Requirements.--\nSection 408 of such Act (21 U.S.C. 678) is amended to read as follows:\n ``Sec. 408. (a) Requirements within the scope of this Act with \nrespect to premises, facilities and operations of any establishment at \nwhich inspection is provided under title I, which are in addition to, \nor different than those made under this Act may not be imposed by any \nState or Territory or the District of Columbia. However, any such \njurisdiction may impose recordkeeping and other requirements within the \nscope of section 202, if consistent with such section, with respect to \nany such establishment.\n ``(b)(1) Except as provided in paragraph (2), marking, labeling, \npackaging, or ingredient requirements in addition to (or different \nthan) those made under this Act may not be imposed by any State or \nTerritory or the District of Columbia with respect to articles prepared \nat any establishment under Federal inspection in accordance with the \nrequirements of title I or with respect to articles prepared for \ncommerce at any State inspected establishment in accordance with the \nrequirements of section 301(d).\n ``(2) A State or territory or the District of Columbia may, \nconsistent with the requirements under this Act, exercise concurrent \njurisdiction with the Secretary over articles distributed in commerce \nor otherwise subject to this Act, for the purpose of preventing the \ndistribution for human food purposes of any such articles which are not \nin compliance with the requirements under this Act and are outside of \nany federally or State inspected establishment, or in the case of \nimported articles, which are not at such an establishment, after their \nentry into the United States.\n ``(c) This Act shall not preclude any State or Territory or the \nDistrict of Columbia from imposing a requirement or taking other \naction, consistent with this Act, with respect to any other matters \nregulated under this Act.''.\n\nSEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS \n INSPECTION ACT.\n\n (a) Removal of Intrastate Distribution Limitation.--Subsection \n(a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C. \n454) is amended by striking ``solely for distribution within such \nState.''.\n (b) Use of State Inspectors.--Subsection (a) of such section is \namended by adding at the end the following new paragraph:\n ``(5) The Secretary may enter into agreements to utilize \n officers and employees of a State or the District of Columbia \n to conduct such examinations, investigations, and inspections \n authorized under this Act as the Secretary determines \n practicable.''.\n (c) Termination of Designation of State as Subject to Federal \nInspection for Intrastate Distribution.--Subsection (c)(3) of such \nsection is amended by striking ``, with respect to the operations and \ntransactions within such State which are regulated under subparagraph \n(1) of this paragraph (c), he'' and inserting ``with respect to all \nestablishments within its jurisdiction which do not operate under \nFederal inspection under this Act and at which any poultry are \nslaughtered, or any poultry products are processed, for use as human \nfood, and with respect to the distribution of poultry products within \nthe States, the Secretary''.\n (d) Expansion of State Inspection Authority.--Such section is \nfurther amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d)(1) Except as provided in paragraph (2), poultry products \nprocessed under State inspection in any State (other than a State \ndesignated under subsection (c)) in compliance with the poultry \nproducts inspection law of the State shall be eligible for sale or \ntransportation in interstate commerce, and for entry into and use in \nthe preparation of products in establishments at which Federal \ninspection is maintained under this Act, in the same manner and to the \nsame extent as poultry products processed at such establishments. \nPoultry products complying with the requirements of the poultry product \ninspection laws of the State (other than a State designated under \nsubsection (c)) in which the products were processed shall be \nconsidered as complying with this Act.\n ``(2) State inspected poultry products described in paragraph (1), \nand federally inspected poultry products processed (in whole or in \npart) from such State inspected poultry products--\n ``(A) shall not be eligible for sale or transportation in \n foreign commerce; and\n ``(B) shall be separated at all times from all other \n federally inspected poultry products in any federally inspected \n establishment that engages in the processing, sale, or \n transportation of poultry products for foreign commerce.\n ``(3) All poultry products that are inspected in a program of \ninspection in a State (other than a State designated under subsection \n(c)) pursuant to State law shall be identified as so inspected only by \nofficial marks that identify the State and are such design as the State \nshall prescribe. Federally inspected poultry products processed (in \nwhole or in part) from such State inspected poultry products shall be \nidentified as so inspected only by the same official marks as \nprescribed by the Secretary for poultry products processed under this \nAct (other than this section or section 11).\n ``(4) Except as provided in paragraph (5), the operator of an \nestablishment operated under Federal or State inspection who wishes to \ntransfer to State or Federal inspection, as the case may be, may do so \nonly on October 1 of any year. Such transfer shall occur only if--\n ``(A) the operator provides written notice of the intention \n to transfer to both inspection agencies at least six months in \n advance of that date; and\n ``(B) the Secretary determines that the transfer will \n effectuate the legislative policy set forth in section 3 and \n will not adversely affect the stability of the total State and \n Federal inspection systems.\n ``(5) The Secretary may permit the operator of an establishment to \ntransfer from State to Federal inspection at any time if the operator \npresents clear and convincing evidence to the Secretary that the \nestablishment intends to, and will be able to, engage in foreign \ncommerce to a substantial extent in a manner which would require \nFederal inspection.\n ``(6) For purposes of this subsection, the term `interstate \ncommerce' means commerce between States or between a State and the \nDistrict of Columbia.''.\n (e) Prohibition on Additional or Different State Requirements.--\nSection 23 of such Act (21 U.S.C. 467e) is amended to read as follows:\n ``Sec. 23. (a) Requirements within the scope of this Act with \nrespect to premises, facilities and operations of any official \nestablishment, which are in addition to, or different than those made \nunder this Act may not be imposed by any State or territory or the \nDistrict of Columbia. However, any such jurisdiction may impose \nrecordkeeping and other requirements within the scope of section 11(b), \nif consistent with such section, with respect to any such \nestablishment.\n ``(b)(1) Except as provided in paragraph (2), marking, labeling, \npackaging, or ingredient requirements in addition to (or different \nthan) those made under this Act may not be imposed by any State or \nterritory or the District of Columbia with respect to articles prepared \nat any establishment under Federal inspection in accordance with the \nrequirements of this Act or with respect to articles prepared for \ncommerce at any State inspected establishment in accordance with the \nrequirements of section 5(d). Further storage or handling requirements \nfound by the Secretary to unduly interfere with the free flow of \npoultry products in commerce shall not be imposed by any State or \nterritory or the District of Columbia.\n ``(2) A State or territory or the District of Columbia may, \nconsistent with the requirements of this Act, exercise concurrent \njurisdiction with the Secretary over articles distributed in commerce \nor otherwise subject to this Act, for the purpose of preventing the \ndistribution for human food purposes of any such articles which are not \nin compliance with the requirements of this Act and are outside of any \nfederally or State inspected establishment, or in the case of imported \narticles, which are not at such an establishment, after their entry \ninto the United States.\n ``(c) This Act shall not preclude any State or territory or the \nDistrict of Columbia from making requirements or taking other action, \nconsistent with this Act, with respect to any other matters regulated \nunder this Act.''.","summary":"Meat and Poultry Products Inspection Amendments of 1993 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) remove the intrastate distribution requirement for Federal-State cooperation, (2) authorize the use of State inspectors, and (3) expand State inspection authority.","title":"Meat and Poultry Products Inspection Amendments of 1993","text_len":13834,"sum_len":308} {"bill_id":"114_hr3282","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Honest Fishermen Act of \n2015''.\n\nSEC. 2. SEAFOOD SAFETY.\n\n (a) Coordination.--\n (1) National sea grant college program.--The Administrator \n of the National Oceanic and Atmospheric Administration shall \n ensure that the Administration's seafood inspection activities \n are coordinated with the national sea grant college program to \n provide outreach to the States, local health agencies, \n consumers, and the seafood industry on seafood safety.\n (2) Inspecting to prevent seafood fraud.--The Secretary of \n Commerce and the Secretary of Health and Human Services shall, \n to the maximum extent practicable, ensure that inspections and \n tests for seafood safety also collect information for seafood \n fraud detection and prevention.\n (b) List of Offenders.--The Secretary of Health and Human Services, \nin consultation with the Secretary of Commerce, shall develop, \nmaintain, and post on the public website of the Department of Health \nand Human Services a list that--\n (1) includes, by country, each exporter whose seafood is \n imported or offered for import into the United States; and\n (2) for each such exporter, tracks the timing, type, and \n frequency of violations of Federal law relating to seafood \n safety.\n (c) Impact on Existing Food Safety Authority.--Nothing in this \nsection limits the authority of the Secretary of Health and Human \nServices to execute or enforce food safety laws, including the FDA Food \nSafety Modernization Act (Public Law 111-353).\n\nSEC. 3. SEAFOOD IDENTIFICATION.\n\n (a) Seafood Traceability Requirements.--\n (1) In general.--Beginning not later than the end of \n calendar year 2017, the Secretary of Commerce, in consultation \n with the Secretaries of Health and Human Services and Homeland \n Security, shall implement the following requirements with \n respect to seafood imported into the United States or otherwise \n distributed or offered for sale in interstate commerce:\n (A) In addition to disclosure of the United Nations \n Food and Agriculture Organization Major Fishing Area, \n or a more specific location, in which the fish was \n caught, and of the information required to be submitted \n to the Secretary of Commerce under section 303(a)(5) of \n the Magnuson-Stevens Fishery Conservation and \n Management Act (16 U.S.C. 1853(a)(5)), at a minimum the \n following information shall be displayed on the \n packaging of, or otherwise accompany, seafood through \n processing, distribution, and final sale:\n (i) The acceptable market name (as \n determined by the Food and Drug Administration) \n and scientific name for the seafood species.\n (ii) Whether the seafood was harvested wild \n or was farm-raised.\n (iii) The method of harvest of the seafood \n including gear type as listed in section \n 600.725 of title 50, Code of Federal \n Regulations and defined in section 600.10 of \n such title.\n (iv) The date of the catch.\n (v) The weight or number, as appropriate, \n of product for an individual fish or lot.\n (B) If seafood has been previously frozen, treated \n with any substance (other than ice or water) that may \n affect the true weight of the seafood, or processed in \n a country other than that in which it was landed or \n harvested, by any harvester, processor, distributor, or \n retailer, such information shall be included in the \n labeling of, or otherwise accompany, the seafood \n through processing, distribution, and final sale.\n (C) If the seafood was farm-raised, that \n information, along with information regarding the \n country of cultivation, the location of the aquaculture \n production area, and the method of cultivation, shall \n be included in the labeling of, or otherwise accompany, \n the seafood through processing, distribution, and final \n sale.\n (D) No importer, processor, distributor, or \n retailer may be found to be in violation of the \n requirements under this subsection for unknowingly \n selling a product that was already mislabeled upon \n receipt, provided that the importer, processor, \n distributor, or retailer can provide the required \n product traceability documentation.\n (2) Alternative means of disclosure for certain categories \n of information.--\n (A) In general.--Notwithstanding paragraph (1), \n instead of including any category of information \n described in subparagraph (B) in the packaging or \n labeling of seafood, an importer, processor, \n distributor, or retailer (including a restaurant) may, \n with respect to such category, choose to satisfy the \n requirements of this paragraph by making the \n information available upon request to any Federal, \n State, or local official authorized to conduct \n inspections of--\n (i) seafood; or\n (ii) any facility that processes or sells \n seafood.\n (B) Categories.--The categories of information \n described in this subparagraph are--\n (i) the information required to be \n submitted to the Secretary of Commerce under \n section 303(a)(5) of the Magnuson-Stevens \n Fishery Conservation and Management Act (16 \n U.S.C. 1853(a)(5));\n (ii) if the seafood was farm-raised, the \n location of the aquaculture production area, \n and the method of cultivation;\n (iii) the date of the catch; and\n (iv) the weight or number, as appropriate, \n of product for an individual fish or lot.\n (3) Domestic fishermen.--Disclosure of data pursuant to \n section 303(a)(5) of the Magnuson-Stevens Fishery Conservation \n and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging \n in fishing on a vessel of the United States in the exclusive \n economic zone (as those terms are used in that Act) is deemed \n to be in compliance by such person with the requirements \n implemented under paragraph (1) of this subsection.\n (b) Refusal of Admission.--\n (1) In general.--Subject to paragraphs (3) and (4), all \n seafood imported or offered for import originating from an \n exporter shall be refused admission if--\n (A) the Secretary of Commerce finds that any \n shipment of such seafood appears to be in violation of \n subsection (a); or\n (B) the Secretary of Health and Human Services \n finds that any shipment of such seafood appears to be \n in violation of this Act or other applicable Federal \n laws or regulations.\n (2) Import certification.--For any exporter whose seafood \n products are refused admission under paragraph (1) based on a \n prior shipment, the Secretary of Health and Human Services \n shall determine whether to require, as a condition of granting \n admission into the United States to an article of seafood \n originating from such exporter, that such seafood be \n accompanied by a certification or other assurance under section \n 801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 381(q)).\n (3) Allowance of individual shipments.--Paragraph (1) does \n not apply with respect to an individual shipment of seafood \n originating from an exporter whose products must otherwise be \n refused admission under such paragraph if the exporter presents \n evidence to the Secretary of Health and Human Services or the \n Secretary of Commerce from a laboratory accredited under \n section 422 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 350k), or other equivalent evidence, documenting that \n the shipment is in compliance with the provisions of subsection \n (a) and other applicable Federal laws or regulations \n prohibiting seafood fraud.\n (4) Termination of individual shipment screening \n requirement.--Paragraph (1) shall cease to prohibit the \n admission of seafood originating from an exporter based on a \n prior shipment if the Secretary of Health and Human Services or \n the Secretary of Commerce determines that--\n (A) each prior shipment whose appearance triggered \n the application of such paragraph was in fact in \n compliance with the provisions of subsection (a) and \n other applicable Federal laws or regulations, including \n those prohibiting seafood fraud; or\n (B) during the preceding 12 months, no shipment of \n seafood originating from the exporter has triggered the \n application of paragraph (1).\n (c) Penalties.--The Secretary of Commerce shall prevent any person \nfrom violating this Act, or any Act to which this section applies, in \nthe same manner, by the same means, and with the same jurisdiction, \npowers, and duties as though sections 308 through 311 of the Magnuson-\nStevens Fishery Conservation and Management Act (16 U.S.C. 1858 through \n1861) were incorporated into and made a part of and applicable to this \nAct.\n (d) List of Offenders.--The Secretary of Commerce, in consultation \nwith the Secretary of Health and Human Services, shall develop, \nmaintain, and post on the public website of the Department of Commerce \na list that--\n (1) includes, by country, each exporter whose seafood is \n imported or offered for import into the United States; and\n (2) for each such exporter, tracks the timing, type, and \n frequency of violations of Federal law relating to seafood \n fraud.\n (e) Inspections.--The Secretary of Commerce, in consultation with \nthe Secretary of Health and Human Services, shall--\n (1) increase, as resources allow, the number of foreign and \n domestic seafood shipments that are inspected for seafood fraud \n by National Oceanic and Atmospheric Administration inspectors \n and authorized officers, including verification of compliance \n with the traceability requirements of subsection (a);\n (2) ensure that the percentage of seafood shipments \n inspected during a given year is not lower than the percentage \n inspected during the previous year; and\n (3) to the maximum extent practicable, ensure that \n inspections and tests for seafood fraud prevention also collect \n information to support the Secretary of Health and Human \n Services in implementing the seafood safety requirements of the \n FDA Food Safety Modernization Act (Public Law 111-353).\n (f) Impact on Existing Food Safety Authority.--Nothing in this \nsection shall be construed to limit the authority of the Secretary of \nHealth and Human Services to execute or enforce food safety laws or \nregulations that may be adopted pursuant to the FDA Food Safety \nModernization Act (Public Law 111-353).\n\nSEC. 4. AUTHORITY OF STATES.\n\n Whenever the attorney general of a State, or an official or agency \ndesignated by a State, has reason to believe that any person has \nengaged or is engaging in a pattern or practice of seafood fraud in \nviolation of subsection (a) or (b) of section 3, the State may bring a \ncivil action on behalf of its residents to enjoin fraud, an action to \nrecover for actual monetary loss or receive $10,000 in damages for each \nviolation, or both such actions. If the court finds the defendant \nwillfully or knowingly violated this Act, the court may, in its \ndiscretion, increase the amount of the award to an amount equal to not \nmore than 3 times the amount available under the preceding sentence. \nNothing in this section shall preclude an individual from bringing a \ncivil action.\n\nSEC. 5. PREEMPTION.\n\n Nothing in this Act preempts the authority of a State to establish \nand enforce requirements for improving seafood safety and preventing \nseafood fraud that are consistent with the requirements of this Act.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) The term ``other applicable Federal laws and \n regulations'' means Federal statutes, regulations, and \n international agreements (other than this Act) pertaining to \n the importation, exportation, transportation, sale, harvest, \n processing, or trade of seafood, including the Magnuson-Stevens \n Fishery Conservation and Management Act (16 U.S.C. 1801 et \n seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et \n seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 \n et seq.), the FDA Food Safety Modernization Act (Public Law \n 111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451 \n et seq.), subtitle D of the Agricultural Marketing Act of 1946 \n (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of \n Federal Regulations (or any successor regulations), and part \n 123 of title 21, Code of Federal Regulations (or any successor \n regulations).\n (2) The term ``seafood'' means finfish, mollusks, \n crustaceans, and all other forms of marine animal and plant \n life other than marine mammals and birds.\n (3) The term ``seafood fraud'' means the mislabeling or \n misrepresentation of the information required under this Act or \n other applicable Federal laws and regulations.","summary":"Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. Seafood fraud is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested. Or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation. As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a US vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan. Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States. And (2) tracks, for each exporter, the timing, type, and frequency of violations. Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information. The bill also authorizes states to bring civil actions for seafood fraud violations.","title":"Protecting Honest Fishermen Act of 2015","text_len":14819,"sum_len":3072} {"bill_id":"114_s2041","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Life-Saving New Therapies \nfor Neonates Act of 2015''.\n\nSEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR \n NEONATES.\n\n Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic \nAct (21 U.S.C. 360aa et seq.) is amended by inserting after section 529 \nthe following:\n\n``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE \n THERAPIES FOR NEONATES.\n\n ``(a) Definitions.--In this section:\n ``(1) Neonatal drug.--The term `neonatal drug' means a drug \n for the prevention or treatment of a disease or condition of a \n preterm or full-term neonate.\n ``(2) Neonatal drug application.--The term `neonatal drug \n application' means a human drug application, as defined in \n section 735(1), that--\n ``(A) is for a drug or biological product--\n ``(i) that is for the prevention or \n treatment of a disease or condition listed on \n the Priority List of Critical Needs for \n Neonates described in subsection (c); and\n ``(ii) that contains no active ingredient \n (including any ester or salt of the active \n ingredient) that has been previously approved \n in any other application under section \n 505(b)(1), 505(b)(2), or 505(j) of this Act or \n section 351(a) or 351(k) of the Public Health \n Service Act;\n ``(B) is submitted under section 505(b)(1) of this \n Act or section 351(a) of the Public Health Service Act;\n ``(C) the Secretary determines to be eligible for a \n neonatal drug exclusivity voucher, in accordance with \n subsection (b);\n ``(D) relies on clinical data derived from studies \n examining a neonatal population and dosages of the drug \n intended for that population; and\n ``(E) is approved after the date of the enactment \n of the Promoting Life-Saving New Therapies for Neonates \n Act of 2015.\n ``(3) Neonatal drug exclusivity voucher.--The term \n `neonatal drug exclusivity voucher' means a voucher issued by \n the Secretary to the sponsor of a neonatal drug application \n that entitles the holder of such voucher to one year of \n transferable extension of all existing patents and marketing \n exclusivities, including any extensions, for a single human \n drug with respect to an application submitted under section \n 505(b)(1) or for a single human biologic product with respect \n to an application submitted under section 351(a) of the Public \n Health Service Act, including the 6-month period described in \n section 505A, the 4- and 5-year periods described in \n subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the \n 3-year periods described in clauses (iii) and (iv) of \n subsection (c)(3)(E) and clauses (iii) and (iv) of subsection \n (j)(5)(F) of section 505, the 7-year period described in \n section 527, the 5-year period described in section 505E, and \n the 12-year period described in section 351(k)(7).\n ``(b) Neonatal Drug Exclusivity Voucher.--\n ``(1) In general.--The Secretary shall award a neonatal \n drug exclusivity voucher to the sponsor of a neonatal drug \n application upon approval by the Secretary of such neonatal \n drug application.\n ``(2) Transferability.--\n ``(A) In general.--The sponsor of a neonatal drug \n application that receives a neonatal drug exclusivity \n voucher under this section may transfer (including by \n sale) the voucher to a sponsor of a human drug for \n which an application under section 505(b)(1) or section \n 351 of the Public Health Service Act has been approved, \n will be submitted, or has been submitted.\n ``(B) Nontransferability.--A neonatal exclusivity \n voucher may not be transferred to, or used for, a drug \n with respect to which all patents and exclusivities \n have expired as of the date of the transfer.\n ``(C) Notification of transfer.--Each person to \n whom a voucher is transferred shall notify the \n Secretary of such change in ownership of the voucher \n not later than 30 calendar days after such transfer.\n ``(D) Prohibition on additional fees.--The \n Secretary shall not apply a fee for the exercise of a \n voucher under this section. The preceding sentence \n shall not affect the authority of the Secretary to \n apply fees with respect to a neonatal drug application \n that are otherwise applicable under law.\n ``(E) Revocation of voucher.--The Secretary may \n revoke any neonatal exclusivity voucher if the neonatal \n drug product for which such voucher was awarded is not \n marketed in the United States within the 365-day period \n beginning on the date of the approval of such drug \n under section 505 of this Act or section 351 of the \n Public Health Service Act.\n ``(3) Limitations.--\n ``(A) No award for prior approved application.--A \n sponsor of a neonatal drug may not receive a voucher \n under this section if the neonatal drug application was \n submitted to the Secretary prior to the date of \n enactment of this section.\n ``(B) Required pediatric research.--The Secretary \n shall limit grants of exclusivity under this section to \n drugs that are not required to complete neonatal \n studies under section 505B.\n ``(C) No combining vouchers.--A sponsor may not use \n a neonatal exclusivity voucher on a product for which \n the sponsor also intends to use a voucher obtained or \n purchased pursuant to section 524 or section 529.\n ``(4) Notification of intent to use voucher.--\n ``(A) Notification by sponsor.--The sponsor of a \n human drug application intending to use a voucher \n awarded or transferred under this section shall notify \n the Secretary not later than 15 months prior to loss of \n patent and exclusivities on the drug for which the \n voucher will be redeemed, in such form as the Secretary \n may require.\n ``(B) Notification by secretary.--Within 30 \n calendar days of such notification to the Secretary, \n the Secretary shall notify the sponsor of its \n eligibility to redeem a voucher for the intended drug.\n ``(c) Priority List of Critical Needs for Neonates.--\n ``(1) In general.--The Secretary, in consultation with the \n Pediatric Advisory Committee, the National Institutes of \n Health, the International Neonatal Consortium sponsored by \n Critical Path Institute, and other stakeholders, shall, within \n one year of the date of enactment of the Promoting Life-Saving \n New Therapies for Neonates Act of 2015--\n ``(A) develop and publish a list of critical \n research priorities related to specific diseases or \n conditions common to the neonatal population (referred \n to as the `Priority List of Critical Needs for \n Neonates');\n ``(B) issue guidance specific to the neonatal drug \n exclusivity voucher program; and\n ``(C) perform other activities necessary to support \n neonatal drug applications.\n ``(2) Public comment.--The Secretary shall provide a period \n of public notice and comment on the proposed list and shall \n hold public meetings to elicit input from patient advocacy and \n other organizations prior to publishing the final list.\n ``(3) Subsequent update.--The Secretary may revise, and \n publish in accordance with paragraph (1)(A), the Priority List \n of Critical Needs for Neonates every 3 years, or as frequently \n as the Secretary determines necessary.\n ``(4) Restriction on removal from list.--No disease or \n condition on the Priority List of Critical Needs for Neonates \n may be removed until after completion of the study and report \n under subsection (d).\n ``(d) GAO Study and Report.--\n ``(1) Study.--\n ``(A) In general.--Beginning 8 years after the date \n of enactment of the Promoting Life-Saving New Therapies \n for Neonates Act of 2015 or on the date that the \n Secretary awards the third neonatal exclusivity voucher \n under this section, whichever is earlier, the \n Comptroller General of the United States shall conduct \n a study of the effectiveness of the program under this \n section for the development of human drugs to treat and \n prevent diseases or conditions in the neonatal \n population.\n ``(B) Contents of the study.--In conducting the \n study under subparagraph (A), the Comptroller General \n shall examine the following:\n ``(i) The number of neonatal drug vouchers \n awarded under this section.\n ``(ii) The indications for each drug for \n which a neonatal exclusivity voucher was \n approved under section 505 or section 351 of \n the Public Health Service Act, and whether any \n other drugs with indications for populations \n other than neonates were approved with an \n indication for neonates under those sections.\n ``(iii) Whether, and to what extent, an \n unmet need related to the treatment or \n prevention of a disease or condition that \n affects the neonatal population was met through \n the approval of a neonatal drug.\n ``(iv) The value of the neonatal \n exclusivity voucher if transferred.\n ``(v) Identification of each drug for which \n a neonatal exclusivity voucher was used.\n ``(vi) The length of the period of time \n between the date on which a neonatal \n exclusivity voucher was awarded and the date on \n which it was used.\n ``(2) Report.--Not later than 1 year after the date under \n paragraph (1)(A), the Comptroller General shall submit to the \n Committee on Health, Education, Labor, and Pensions of the \n Senate and the Committee on Energy and Commerce of the House of \n Representatives a report containing the results of the study \n under paragraph (1).''.","summary":"Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.","title":"Promoting Life-Saving New Therapies for Neonates Act of 2015","text_len":11904,"sum_len":1286} {"bill_id":"106_hr4737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Secrets Safety Act of \n2000''.\n\nSEC. 2. INVENTORY OF RESTRICTED DATA AT NATIONAL\n SECURITY LABORATORIES.\n\n (a) Inventory Required.--Not later than 90 days after the date of \nthe enactment of this Act, the Administrator for Nuclear Security shall \nconduct an inventory of each document or device at each national \nsecurity laboratory that contains Restricted Data and shall submit to \nthe Committee on Armed Services of the Senate and the Committee on \nArmed Services of the House of Representatives a report containing the \nresults of that inventory.\n (b) Definitions.--For purposes of this section:\n (1) The term ``national security laboratory'' has the \n meaning given such term in section 3281 of the National Nuclear \n Security Administration Act (50 U.S.C. 2471).\n (2) The term ``Restricted Data'' has the meaning given such \n term in paragraphs (1) and (2) of section 11 y. of the Atomic \n Energy Act of 1954 (42 U.S.C. 2014(y)).\n\nSEC. 3. INCREASED SECURITY FOR VAULTS AT NATIONAL SECURITY \n LABORATORIES.\n\n (a) Access to Vaults.--(1) Section 3234 of the National Nuclear \nSecurity Administration Act (50 U.S.C. 2424) is amended--\n (A) by striking ``The Administrator'' and inserting ``(a) \n Procedures Required.--The Administrator''; and\n (B) by adding at the end the following new subsection:\n ``(b) Access to Vaults at National Security Laboratories.--With \nrespect to any vault containing Restricted Data at any national \nsecurity laboratory, the procedures shall, at a minimum, provide that \nan individual shall not have unrestricted access to any such vault \nexcept in accordance with the following requirements:\n ``(1) Before each such access, the identity of the \n individual is verified by--\n ``(A) an attendant through direct visual \n observation;\n ``(B) biometric technology; or\n ``(C) other means providing a high confidence level \n in verifying the identity of the individual.\n ``(2) For each such access, a permanent record of such \n access is maintained.\n ``(c) Change of Lock Combinations to Vaults at National Security \nLaboratories.--The Administrator shall ensure, for each vault \ncontaining Restricted Data at each national security laboratory, that \nthe combination of each lock to such vault is changed not later than--\n ``(1) one week after each removal of an individual from the \n list of individuals permitted access to such vault; and\n ``(2) 12 months after the date on which the combination was \n last changed.''.\n (2) The requirements of subsection (b) of section 3234 of such Act \n(as added by paragraph (1)) shall apply to each access referred to in \nthat subsection that occurs after the expiration of the 24-hour period \nbeginning upon the enactment of this Act.\n (3) The Administrator for Nuclear Security shall ensure, for each \nvault containing Restricted Data at each national security laboratory, \nthat the combination of each lock to such vault is changed not later \nthan 30 days after the date of the enactment of this Act.\n (b) Report on NNSA Polygraph Policy.--(1) Not later than 90 days \nafter the date of the enactment of this Act, the Administrator for \nNuclear Security shall submit to the Committee on Armed Services of the \nSenate and the Committee on Armed Services of the House of \nRepresentatives a report on the policy recommendations of the \nAdminstrator regarding the use of counterintelligence polygraph \nexaminations within the National Nuclear Security Administration. The \nreport shall contain the recommendations of the Administrator as to \nwhat the policy of the Administration should be regarding--\n (A) the use of such examinations generally as a \n prerequisite to access (restricted or unrestricted) to \n Restricted Data; and\n (B) the use of such examinations as a prerequisite to \n access (restricted or unrestricted) to vaults containing \n Restricted Data.\n (2) For purposes of this section, the term ``Restricted Data'' has \nthe meaning given such term in paragraphs (1) and (2) of section 11 y. \nof the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).\n\nSEC. 4. USE OF ELECTRONIC LOCKS FOR CLASSIFIED AREAS AND CLASSIFIED \n INFORMATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.\n\n Section 3234 of the National Nuclear Security Administration Act \n(50 U.S.C. 2424), as amended by section 3 of this Act, is further \namended by adding at the end the following new subsection:\n ``(d) Electronic Locks Required.--The Administrator shall ensure \nthat, after October 1, 2002, each lock used by the Administration to \nsecure any vault, safe, or other container used to store Restricted \nData is an electronic lock that meets or exceeds the FF-L-2740A lock \nstandard of the General Services Administration, as in effect on the \ndate of the enactment of the Nuclear Secrets Safety Act of 2000.''.\n\n Amend the title so as to read: ``A bill to require an \n inventory of documents and devices containing Restricted Data \n at the national security laboratories of the National Nuclear \n Security Administration, to improve security procedures for \n access to the vaults containing Restricted Data at those \n laboratories, and for other purposes.''.\n\n\n\n\n ","summary":"Amends the National Nuclear Security Administration Act, with respect to procedures for ensuring that any individual is not permitted access to any classified area of a laboratory vault containing Restricted Data, to require such procedures, at a minimum, to provide that an individual shall not have access to any such vault unless, before each access, the individual's identity is verified by an attendant through direct visual observation. Requires the counterintelligence program at each such laboratory to include a polygraph program for individuals with access to any vault containing Restricted Data. Requires each such individual to undergo a polygraph examination within one year after having access to any such vault, in particular within 30 days after first access . Requires the Administrator for Nuclear Security to ensure that the combination of each lock to each laboratory vault containing Restricted Data is changed not later than 30 days after enactment of this Act.","title":"Nuclear Secrets Safety Act of 2000","text_len":5633,"sum_len":984} {"bill_id":"113_hr1239","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Accessing Medicare Therapies Act of \n2013''.\n\nSEC. 2. COUNTING THE NEGOTIATED PRICE OF DRUGS PROVIDED FREE OR AT \n NOMINAL CHARGE UNDER COMPASSIONATE TREATMENT PROGRAMS \n TOWARDS INCURRED OUT-OF-POCKET COSTS.\n\n (a) In General.--Section 1860D-2(b)(4) of the Social Security Act \n(42 U.S.C. 1395w-102(b)(4)) is amended--\n (1) in subparagraph (C), by striking ``subparagraph (E)'' \n and inserting ``subparagraphs (E) and (F)''; and\n (2) by adding at the end the following new subparagraph:\n ``(F) Inclusion of negotiated price of drugs \n provided under compassionate treatment programs.--\n ``(i) In general.--In applying subparagraph \n (A) with respect to an individual enrolled in a \n prescription drug plan, incurred costs shall \n include the negotiated price described in \n clause (ii) of a covered part D drug if--\n ``(I) the drug is classified, for \n purposes of applying tiered copayments \n consistent with section 1860D-\n 2(b)(2)(B), in the highest copayment \n tier (such as a tier 4 for specialty \n brand-name drugs);\n ``(II) the drug is furnished to the \n individual free or at nominal charge \n under a compassionate treatment program \n (as defined in clause (iii)); and\n ``(III) the drug, if furnished \n other than through such program, is \n covered under the formulary of the plan \n or is available through exception or \n appeal.\n ``(ii) Negotiated price.--The negotiated \n price described in this clause, for a covered \n part D drug which is dispensed to an enrollee--\n ``(I) by a pharmacy, is the \n negotiated price at such pharmacy; or\n ``(II) other than by a pharmacy, is \n the average negotiated price for the \n drug in the prescription drug plan in \n the zip code of the enrollee as of the \n date the drug is dispensed.\n ``(iii) Compassionate treatment program \n defined.--In this subparagraph, the term \n `compassionate treatment program' means, with \n respect to covered part D drugs, a program \n that--\n ``(I) is administered by an entity \n described in section 501(c)(3) of the \n Internal Revenue Code of 1986 that is \n exempt from tax under section 501(a) of \n such Code;\n ``(II) takes title to the drugs and \n distributes the drugs to eligible part \n D individuals free or at nominal charge \n on the basis of the entity's assessment \n of financial need of such individuals;\n ``(III) does not distribute the \n drugs to an individual unless the \n individual's household income (as \n determined under section 36B of the \n Internal Revenue Code of 1986) is less \n than the maximum income level for the \n taxpayer in the household to be \n eligible for a refundable credit under \n such section; and\n ``(IV) meets such additional \n requirements as the Inspector General \n of the Department of Health and Human \n Services establishes, consistent with \n guidance and advisory opinions issued \n under section 1128D, to prevent fraud \n or abuse in the application of this \n subparagraph.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to drugs furnished in plan years beginning on or after January 1, \n2014.","summary":"Accessing Medicare Therapies Act of 2013 - Amends part D of title XVIII (Medicare) of the Social Security Act, with respect to cost-sharing under a prescription drug plan, to require incurred costs to include the negotiated price of a covered part D drug if the drug is: (1) classified in the highest copayment tier. (2) furnished to the individual free or at nominal charge under a compassionate treatment program. And (3) covered under the formulary of the plan, if the drug is furnished other than through such a program, or is available through exception or appeal.","title":"Accessing Medicare Therapies Act of 2013","text_len":5066,"sum_len":569} {"bill_id":"112_s1586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Energy Technology \nManufacturing and Export Assistance Act of 2011''.\n\nSEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE \n PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Clean energy technology.--The term ``clean energy \n technology'' means a technology related to the production, use, \n transmission, storage, control, or conservation of energy that \n is designed to--\n (A) reduce the need for additional energy \n supplies--\n (i) by using existing energy supplies with \n greater efficiency; or\n (ii) by transmitting, distributing, or \n transporting energy with greater effectiveness \n through the infrastructure of the United \n States;\n (B) diversify the sources of the energy supply of \n the United States to strengthen energy security and to \n increase supplies of energy with a favorable balance of \n environmental effects if the entire technology system \n is considered; or\n (C) contribute to a stabilization of atmospheric \n greenhouse gas concentrations through reduction, \n avoidance, or long-term sequestration of energy-related \n emissions.\n (2) Small- and medium-sized businesses.--The term ``small- \n and medium-sized businesses'' means businesses with not more \n than 500 employees.\n (3) Under secretary.--The term ``Under Secretary'' means \n the Under Secretary for International Trade of the Department \n of Commerce.\n (b) Establishment.--The Secretary of Commerce shall establish a \nClean Energy Technology Manufacturing and Export Assistance Program, to \nbe carried out by the Under Secretary, for the purposes of--\n (1) promoting policies to reduce production costs and \n encourage innovation, investment, and productivity among \n businesses in the United States that produce or export clean \n energy technologies or related services;\n (2) implementing a national strategy with respect to the \n exportation of clean energy technologies and related services \n from the United States; and\n (3) ensuring that businesses in the United States that \n produce or export clean energy technologies or related \n services, including suppliers of parts for the production of \n clean energy technologies and engineering and design firms, \n have the information and assistance necessary--\n (A) to be competitive; and\n (B) to create and maintain clean energy technology \n jobs in the United States.\n (c) Assistance.--\n (1) In general.--The Under Secretary shall, consistent with \n the National Export Initiative (established by Executive Order \n 13534 (75 Fed. Reg. 12433)), provide information and other \n assistance under the program established under subsection (b) \n to businesses in the United States, particularly small- and \n medium-sized businesses, to promote the production and \n exportation of clean energy technologies and related services.\n (2) Types of assistance.--The assistance provided under \n paragraph (1) shall include--\n (A) analyzing and making recommendations with \n respect to policies to reduce production costs and \n encourage innovation, investment, and productivity \n among businesses in the United States that produce or \n export clean energy technologies or related services;\n (B) providing information to businesses in the \n United States with respect to--\n (i) the process of exporting clean energy \n technologies and related services to foreign \n countries;\n (ii) opportunities for the exportation of \n such technologies and services to foreign \n countries;\n (iii) tailoring their products and \n activities to the needs of specific markets in \n foreign countries; and\n (iv) conducting business in foreign \n countries, including with respect to the \n financing, marketing, and assembly of exported \n products and other logistics with respect to \n those products; and\n (C) assisting businesses in the United States in \n expressing their views and providing input with respect \n to any policy developments relating to the production \n or exportation of clean energy technologies or related \n services.\n (d) Reports to Congress.--\n (1) Report on implementation of program.--Not later than \n 180 days after the date of the enactment of this Act, the Under \n Secretary shall submit to Congress a report describing how the \n program established under subsection (b) will be used to--\n (A) encourage the production and exportation of \n clean energy technologies and related services in the \n United States;\n (B) encourage the creation and maintenance of clean \n energy technology jobs in the United States; and\n (C) benefit small- and medium-sized businesses in \n the United States.\n (2) Report on effectiveness of program.--Not later than \n January 1, 2015, the Under Secretary shall submit to Congress a \n report on the program established under subsection (b) that \n includes--\n (A) an assessment of the extent to which the \n program has been successful--\n (i) in analyzing and making recommendations \n with respect to policies to reduce production \n costs and encourage innovation, investment, and \n productivity among businesses in the United \n States that produce or export clean energy \n technologies or related services;\n (ii) in increasing the competitiveness of \n businesses in the United States that export \n clean energy technologies or related services \n to foreign countries;\n (iii) in assisting businesses in the United \n States, particularly small- and medium-sized \n businesses, in exporting clean energy \n technologies and related services;\n (iv) in creating and maintaining clean \n energy technology jobs in the United States; \n and\n (v) in assisting businesses in the United \n States in expressing their views and providing \n input with respect to any policy developments \n relating to the production or exportation of \n clean energy technologies or related services;\n (B) detailed information with respect to the \n nature, location, and duration of any jobs created or \n maintained as a result of the program established under \n subsection (b) and a description of the methodology \n used by the Under Secretary to compile that \n information; and\n (C) any recommendations with respect to continuing \n or improving the program.","summary":"Clean Energy Technology Manufacturing and Export Assistance Act of 2011 - Requires the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, to be carried out by the Under Secretary for International Trade, to: (1) promote policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services. (2) implement a national strategy with respect to the exportation of such technologies and related services. And (3) ensure that such businesses, including suppliers of parts for the production of such technologies and engineering and design firms, have the information and assistance necessary to be competitive and to create and maintain clean energy technology jobs. Defines clean energy technology to means a technology related to the production, use, transmission, storage, control, or conservation of energy that is designed to: (1) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness. (2) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies of energy with a favorable balance of environmental effects if the entire technology system is considered. Or (3) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or long-term sequestration of energy-related emissions. Requires the Under Secretary, consistent with the National Export Initiative, to provide information and other assistance under the Program to businesses, particularly businesses with no more than 500 employees, to promote the production and exportation of such technologies and related services.","title":"A bill to require the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, and for other purposes.","text_len":8212,"sum_len":1897} {"bill_id":"111_s3397","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Secure and Responsible Drug Disposal \nAct of 2010''.\nSEC. 2. FINDINGS.\n Congress finds the following:\n (1) The nonmedical use of prescription drugs is a growing \n problem in the United States, particularly among teenagers.\n (2) According to the Department of Justice's 2009 National \n Prescription Drug Threat Assessment--\n (A) the number of deaths and treatment admissions for \n controlled prescription drugs (CPDs) has increased \n significantly in recent years;\n (B) unintentional overdose deaths involving prescription \n opioids, for example, increased 114 percent from 2001 to 2005, \n and the number of treatment admissions for prescription opioids \n increased 74 percent from 2002 to 2006; and\n (C) violent crime and property crime associated with abuse \n and diversion of CPDs has increased in all regions of the \n United States over the past 5 years.\n (3) According to the Office of National Drug Control Policy's \n 2008 Report ``Prescription for Danger'', prescription drug abuse is \n especially on the rise for teens--\n (A) one-third of all new abusers of prescription drugs in \n 2006 were 12- to 17-year-olds;\n (B) teens abuse prescription drugs more than any illicit \n drug except marijuana--more than cocaine, heroin, and \n methamphetamine combined; and\n (C) responsible adults are in a unique position to reduce \n teen access to prescription drugs because the drugs often are \n found in the home.\n (4)(A) Many State and local law enforcement agencies have \n established drug disposal programs (often called ``take-back'' \n programs) to facilitate the collection and destruction of unused, \n unwanted, or expired medications. These programs help get outdated \n or unused medications off household shelves and out of the reach of \n children and teenagers.\n (B) However, take-back programs often cannot dispose of the \n most dangerous pharmaceutical drugs--controlled substance \n medications--because Federal law does not permit take-back programs \n to accept controlled substances unless they get specific permission \n from the Drug Enforcement Administration and arrange for full-time \n law enforcement officers to receive the controlled substances \n directly from the member of the public who seeks to dispose of \n them.\n (C) Individuals seeking to reduce the amount of unwanted \n controlled substances in their household consequently have few \n disposal options beyond discarding or flushing the substances, \n which may not be appropriate means of disposing of the substances. \n Drug take-back programs are also a convenient and effective means \n for individuals in various communities to reduce the introduction \n of some potentially harmful substances into the environment, \n particularly into water.\n (D) Long-term care facilities face a distinct set of obstacles \n to the safe disposal of controlled substances due to the increased \n volume of controlled substances they handle.\n (5) This Act gives the Attorney General authority to promulgate \n new regulations, within the framework of the Controlled Substances \n Act, that will allow patients to deliver unused pharmaceutical \n controlled substances to appropriate entities for disposal in a \n safe and effective manner consistent with effective controls \n against diversion.\n (6) The goal of this Act is to encourage the Attorney General \n to set controlled substance diversion prevention parameters that \n will allow public and private entities to develop a variety of \n methods of collection and disposal of controlled substances, \n including some pharmaceuticals, in a secure, convenient, and \n responsible manner. This will also serve to reduce instances of \n diversion and introduction of some potentially harmful substances \n into the environment.\nSEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS FOR \nDISPOSAL.\n (a) Regulatory Authority.--Section 302 of the Controlled Substances \nAct (21 U.S.C. 822) is amended by adding at the end the following:\n ``(g)(1) An ultimate user who has lawfully obtained a controlled \nsubstance in accordance with this title may, without being registered, \ndeliver the controlled substance to another person for the purpose of \ndisposal of the controlled substance if--\n ``(A) the person receiving the controlled substance is \n authorized under this title to engage in such activity; and\n ``(B) the disposal takes place in accordance with regulations \n issued by the Attorney General to prevent diversion of controlled \n substances.\n ``(2) In developing regulations under this subsection, the Attorney \nGeneral shall take into consideration the public health and safety, as \nwell as the ease and cost of program implementation and participation \nby various communities. Such regulations may not require any entity to \nestablish or operate a delivery or disposal program.\n ``(3) The Attorney General may, by regulation, authorize long-term \ncare facilities, as defined by the Attorney General by regulation, to \ndispose of controlled substances on behalf of ultimate users who \nreside, or have resided, at such long-term care facilities in a manner \nthat the Attorney General determines will provide effective controls \nagainst diversion and be consistent with the public health and safety.\n ``(4) If a person dies while lawfully in possession of a controlled \nsubstance for personal use, any person lawfully entitled to dispose of \nthe decedent's property may deliver the controlled substance to another \nperson for the purpose of disposal under the same conditions as \nprovided in paragraph (1) for an ultimate user.''.\n (b) Conforming Amendment.--Section 308(b) of the Controlled \nSubstances Act (21 U.S.C. 828(b)) is amended--\n (1) by striking the period at the end of paragraph (2) and \n inserting ``; or''; and\n (2) by adding at the end the following:\n ``(3) the delivery of such a substance for the purpose of \n disposal by an ultimate user, long-term care facility, or other \n person acting in accordance with section 302(g).''.\nSEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.\n Pursuant to its authority under section 994 of title 28, United \nStates Code, the United States Sentencing Commission shall review and, \nif appropriate, amend the Federal sentencing guidelines and policy \nstatements to ensure that the guidelines and policy statements provide \nan appropriate penalty increase of up to 2 offense levels above the \nsentence otherwise applicable in Part D of the Guidelines Manual if a \nperson is convicted of a drug offense resulting from the authorization \nof that person to receive scheduled substances from an ultimate user or \nlong-term care facility as set forth in the amendments made by section \n3.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Secure and Responsible Drug Disposal Act of 2010 - Amends the Controlled Substances Act to allow an ultimate user of a controlled substance who has lawfully obtained such substance to deliver that substance to another person, without being registered, for disposal if: (1) the person receiving the controlled substance is authorized to engage in such activity. And (2) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances. Requires the Attorney General, in developing regulations under this Act, to consider the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Permits the Attorney General to authorize long-term care facilities to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such facilities in a manner that will provide effective controls against diversion and that is consistent with public health and safety. Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements to ensure an appropriate penalty increase for persons convicted of a drug offense involving receipt of a controlled substance for disposal.","title":"A bill to amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes.","text_len":7332,"sum_len":1277} {"bill_id":"103_s1127","text":"SECTION 1. RURAL COMMUNITY SERVICE.\n\n Title XI of the of the Higher Education Act of 1965 (20 U.S.C. 1136 \net seq.) is amended by adding at the end the following new part:\n\n ``PART C--RURAL COMMUNITY SERVICE\n\n``SEC. 1171. FINDINGS; PURPOSE.\n\n ``(a) Findings.--The Congress finds that--\n ``(1) the Nation's rural centers are facing increasingly \n pressing problems and needs in the areas of economic \n development, community infrastructure and service, social \n policy, public health, housing, crime, education, environmental \n concerns, planning and work force preparation;\n ``(2) there are, in the Nation's rural institutions, people \n with underutilized skills, knowledge, and experience who are \n capable of providing a vast range of services towards the \n amelioration of the problems described in paragraph (1);\n ``(3) the skills, knowledge, and experience in these rural \n institutions, if applied in a systematic and sustained manner, \n can make a significant contribution to the solution of such \n problems; and\n ``(4) the application of such skills, knowledge, and \n experience is hindered by the limited funds available to \n redirect attention to solutions to such rural problems.\n ``(b) Purpose.--It is the purpose of this part to provide \nincentives to rural academic institutions to enable such institutions \nto work with private and civic organizations to devise and implement \nsolutions to pressing and severe problems in their communities.\n\n``SEC. 1172. PROGRAM.\n\n ``The Secretary is authorized to carry out a program of providing \nassistance to eligible institutions to enable such institutions to \ncarry out the authorized activities described in section 1174 in \naccordance with the provisions of this part.\n\n``SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERVICE GRANTS.\n\n ``(a) Application.--\n ``(1) In general.--Each eligible institution desiring a \n grant under this part shall submit to the Secretary an \n application at such time, in such form, and containing or \n accompanied by such information and assurances, as the \n Secretary may require by regulation.\n ``(2) Contents.--Each application submitted pursuant to \n paragraph (1) shall--\n ``(A) describe the activities and services for \n which assistance is sought; and\n ``(B) contain assurances that the eligible \n institution will enter into a consortium to carry out \n the provisions of this part that includes, in addition \n to the eligible institution, one or more of the \n following entities:\n ``(i) A community college.\n ``(ii) A rural local educational agency.\n ``(iii) A local government.\n ``(iv) A business or other employer.\n ``(v) A nonprofit institution.\n ``(3) Waiver.--The Secretary may waive the consortium \n requirements described in paragraph (2) for any applicant who \n can demonstrate to the satisfaction of the Secretary that the \n applicant has devised an integrated and coordinated plan which \n meets the purpose of this part.\n ``(b) Priority in Selection of Applications.--The Secretary shall \ngive priority to applications that propose to conduct joint projects \nsupported by other local, State, and Federal programs.\n ``(c) Selection Procedures.--The Secretary, by regulation, shall \ndevelop a formal procedure for the submission of applications under \nthis part and shall publish in the Federal Register an announcement of \nthat procedure and the availability of funds under this part.\n\n``SEC. 1174. AUTHORIZED ACTIVITIES.\n\n ``Grant funds made available under this part shall be used to \nsupport planning, applied research, training, resource exchanges or \ntechnology transfers, the delivery of services, or other activities the \npurpose of which is to design and implement programs to assist rural \ncommunities to meet and address their pressing and severe problems, \nsuch as any of the following:\n ``(1) Work force preparation.\n ``(2) Rural poverty and the alleviation of such poverty.\n ``(3) Health care, including health care delivery and \n access as well as health education, prevention and wellness.\n ``(4) Underperforming school systems and students.\n ``(5) Problems faced by the elderly and individuals with \n disabilities in rural settings.\n ``(6) Problems faced by families and children.\n ``(7) Campus and community crime prevention, including \n enhanced security and safety awareness measures as well as \n coordinated programs addressing the root causes of crime.\n ``(8) Rural housing.\n ``(9) Rural infrastructure.\n ``(10) Economic development.\n ``(11) Rural farming and environmental concerns.\n ``(12) Other problem areas which participants in the \n consortium described in section 1173(a)(2)(B) concur are of \n high priority in rural areas.\n ``(13)(A) Problems faced by individuals with disabilities \n and economically disadvantaged individuals regarding \n accessibility to institutions of higher education and other \n public and private community facilities.\n ``(B) Amelioration of existing attitudinal barriers that \n prevent full inclusion of individuals with disabilities in \n their community.\n\n``SEC. 1175. PEER REVIEW.\n\n ``The Secretary shall designate a peer review panel to review \napplications submitted under this part and make recommendations for \nfunding to the Secretary. In selecting the peer review panel, the \nSecretary may consult with other appropriate Cabinet-level Federal \nofficials and with non-Federal organizations, to ensure that the panel \nwill be geographically balanced and be composed of representatives from \npublic and private institutions of higher education, labor, business, \nand State and local government, who have expertise in rural community \nservice or in education.\n\n``SEC. 1176. DISBURSEMENT OF FUNDS.\n\n ``(a) Multiyear Availability.--Subject to the availability of \nappropriations, grants under this part may be made on a multiyear \nbasis, except that no institution, individually or as a participant in \na consortium, may receive a grant for more than 5 years.\n ``(b) Equitable Geographic Distribution.--The Secretary shall award \ngrants under this part in a manner that achieves equitable geographic \ndistribution of such grants.\n ``(c) Matching Requirement.--An applicant under this part and the \nlocal governments associated with its application shall contribute to \nthe conduct of the program supported by the grant an amount from non-\nFederal funds equal to at least one-fourth of the amount grant, which \ncontribution may be in cash or in kind, fairly evaluated.\n\n``SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS.\n\n ``The Secretary shall publish a list of eligible institutions under \nthis part and shall designate such institutions of higher education as \n`Rural Grant Institutions'. The Secretary shall establish a national \nnetwork of Rural Grant Institutions so that the results of individual \nprojects achieved in 1 rural area can be generalized, disseminated, \nreplicated and applied throughout the Nation.\n\n``SEC. 1178. DEFINITIONS.\n\n ``As used in this part:\n ``(1) Rural area.--The term `rural area' means any area \n that is--\n ``(A) outside an urbanized area, as such term is \n defined by the Bureau of the Census; and\n ``(B) outside any place that--\n ``(i) is incorporated or Bureau of the \n Census designated; and\n ``(ii) has a population of 75,000 or more.\n ``(2) Eligible institution.--The term `eligible \n institution' means an institution of higher education, or a \n consortium of such institutions any one of which meets all the \n requirements of this paragraph, which--\n ``(A) is located in a rural area;\n ``(B) draws a substantial portion of its \n undergraduate students from the rural area in which \n such institution is located, or from contiguous areas;\n ``(C) carries out programs to make postsecondary \n educational opportunities more accessible to residents \n of such rural areas, or contiguous areas;\n ``(D) has the present capacity to provide resources \n responsive to the needs and priorities of such rural \n areas and contiguous areas;\n ``(E) offers a range of professional, technical, or \n graduate programs sufficient to sustain the capacity of \n such institution to provide such resources; and\n ``(F) has demonstrated and sustained a sense of \n responsibility to such rural area and contiguous areas \n and the people of such areas.\n\n``SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.\n\n ``(a) In General.--There are authorized to be appropriated such \nsums as may be necessary in each fiscal year to carry out the \nprovisions of this part.\n ``(b) Funding Rule.--If in any fiscal year the amount appropriated \npursuant to the authority of subsection (a) is less than 50 percent of \nthe funds appropriated to carry out part A in such year, then the \nSecretary shall make available in such year from funds appropriated to \ncarry out part A an amount equal to the difference between 50 percent \nof the funds appropriated to carry out part A and the amount \nappropriated pursuant to the authority of subsection (a).''.","summary":"Amends the Higher Education Act of 1965 to establish a rural community service program. Authorizes appropriations.","title":"A bill to establish a rural community service program, and for other purposes.","text_len":10134,"sum_len":114} {"bill_id":"108_s1464","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Beginning Farmers and Ranchers Tax \nIncentive Act of 2003''.\n\nSEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by adding after section 121 the following \nnew section:\n\n``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY.\n\n ``(a) Exclusion.--In the case of a natural person, gross income \nshall not include--\n ``(1) 100 percent of the gain from the sale or exchange of \n qualified farm property to a first-time farmer (as defined in \n section 147(c)(2)(C) (determined without regard to clause \n (i)(II) thereof)) who certifies that the use of such property \n shall be as a farm for farming purposes for not less than 10 \n years after such sale or exchange,\n ``(2) 50 percent of the gain from the sale or exchange of \n qualified farm property to any other person who certifies that \n the use of such property shall be as a farm for farming \n purposes for not less than 10 years after such sale or \n exchange, and\n ``(3) 25 percent of the gain from the sale or exchange of \n qualified farm property to any other person for any other use.\n ``(b) Limitation on Amount of Exclusion.--\n ``(1) In general.--The amount of gain excluded from gross \n income under subsection (a) with respect to any taxable year \n shall not exceed $500,000 ($250,000 in the case of a married \n individual filing a separate return), reduced by the aggregate \n amount of gain excluded under subsection (a) for all preceding \n taxable years.\n ``(2) Special rule for joint returns.--The amount of the \n exclusion under subsection (a) on a joint return for any \n taxable year shall be allocated equally between the spouses for \n purposes of applying the limitation under paragraph (1) for any \n succeeding taxable year.\n ``(c) Qualified Farm Property.--\n ``(1) Qualified farm property.--For purposes of this \n section, the term `qualified farm property' means real property \n located in the United States if, during periods aggregating 3 \n years or more of the 5-year period ending on the date of the \n sale or exchange of such real property--\n ``(A) such real property was used as a farm for \n farming purposes by the taxpayer or a member of the \n family of the taxpayer, and\n ``(B) there was material participation by the \n taxpayer (or such a member) in the operation of the \n farm.\n ``(2) Definitions.--For purposes of this subsection, the \n terms `member of the family', `farm', and `farming purposes' \n have the respective meanings given such terms by paragraphs \n (2), (4), and (5) of section 2032A(e).\n ``(3) Special rules.--For purposes of this section, rules \n similar to the rules of paragraphs (4) and (5) of section \n 2032A(b) and paragraphs (3) and (6) of section 2032A(e) shall \n apply.\n ``(d) Other Rules.--For purposes of this section, rules similar to \nthe rules of subsection (e) and subsection (f) of section 121 shall \napply.\n ``(e) Treatment of Disposition or Change in Use of Property.--\n ``(1) In general.--If, as of the close of any taxable year, \n there is a recapture event with respect to any qualified farm \n property transferred to the taxpayer in a sale or exchange \n described in paragraph (1) or (2) of subsection (a), then the \n tax of the taxpayer under this chapter for such taxable year \n shall be increased by an amount equal to the product of--\n ``(A) the applicable recapture percentage, and\n ``(B) 10 percent of the taxpayer's adjusted basis \n in the property on the date such property was \n transferred to the taxpayer.\n ``(2) Applicable recapture percentage.--\n ``(A) In general.--For purposes of this subsection, \n the applicable recapture percentage shall be determined \n from the following table:\n\n``If the recapture event occurs in: The applicable recapture percentage \n is:\n Years 1 through 5.................... 100 \n Year 6............................... 80 \n Year 7............................... 60 \n Year 8............................... 40 \n Year 9............................... 20 \n Years 10 and thereafter.............. 0. \n ``(B) Years.--For purposes of subparagraph (A), \n year 1 shall begin on the date of the sale or exchange \n described in paragraph (1) or (2) of subsection (a).\n ``(3) Recapture event defined.--For purposes of this \n subsection, the term `recapture event' means--\n ``(A) Cessation of operation.--The cessation of the \n operation of any property the sale or exchange of which \n to the taxpayer is described in paragraph (1) or (2) of \n subsection (a) as a farm for farming purposes.\n ``(B) Change in ownership.--\n ``(i) In general.--Except as provided in \n clause (ii), the disposition of a taxpayer's \n interest in any property the sale or exchange \n of which to the taxpayer is described in \n paragraph (1) or (2) of subsection (a).\n ``(ii) Agreement to assume recapture \n liability.--Clause (i) shall not apply if the \n person acquiring such interest in the property \n agrees in writing to assume the recapture \n liability of the person disposing of such \n interest in effect immediately before such \n disposition. In the event of such an \n assumption, the person acquiring the interest \n in the property shall be treated as the \n taxpayer for purposes of assessing any \n recapture liability (computed as if there had \n been no change in ownership).\n ``(4) Special rules.--\n ``(A) No credits against tax.--Any increase in tax \n under this subsection shall not be treated as a tax \n imposed by this chapter for purposes of determining the \n amount of any credit under subpart A, B, or D of this \n part.\n ``(B) No recapture by reason of hardship.--The \n increase in tax under this subsection shall not apply \n to any disposition of property or cessation of the \n operation of any property as a farm for farming \n purposes by reason of any hardship as determined by the \n Secretary.''.\n (b) Conforming Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by adding after the item relating to section 121 the following \nnew item:\n\n``Sec. 121A. Exclusion of gain from sale of qualified farm property.''.\n (c) Effective Date.--The amendment made by this section shall apply \nto any sale or exchange on or after the date of the enactment of this \nAct, in taxable years ending after such date.","summary":"Beginning Farmers and Ranchers Tax Incentive Act of 2003 - Amends the Internal Revenue Code to exclude from gross income: (1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange. (2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange. And (3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. Limits the amount of any of the above exclusions with respect to any taxable year to $500,000 on a joint return.","title":"A bill to amend the Internal Revenue Code of 1986 to provide an exclusion for gain from the sale of farmland to encourage the continued use of the property for farming, and for other purposes.","text_len":7995,"sum_len":841} {"bill_id":"106_s2752","text":".--For purposes of section \n822(a)(2), the term `joint resolution' means only a joint resolution of \nthe two Houses of Congress---\n ``(1) the matter after the resolving clause of which is as \n follows: `That the Congress hereby concurs in the determination \n and report of the President relating to compliance by North \n Korea with certain international obligations transmitted \n pursuant to section 822(a)(1) of the North Korea Threat \n Reduction Act of 1999.';\n ``(2) which does not have a preamble; and\n ``(3) the title of which is as follows: `Joint Resolution \n relating to compliance by North Korea with certain \n international obligations pursuant to the North Korea Threat \n Reduction Act of 1999.'.\n ``(b) Congressional Review Procedures.--\n ``(1) Rulemaking.--The provisions of this section are \n enacted by the Congress--\n ``(A) as an exercise of the rulemaking power of the \n House of Representatives and the Senate, respectively, \n and, as such, shall be considered as part of the rules \n of either House and shall supersede other rules only to \n the extent they are inconsistent therewith; and\n ``(B) with full recognition of the constitutional \n right of either House to change the rules so far as \n they relate to the procedures of that House at any \n time, in the same manner, and to the same extent as in \n the case of any other rule of that House.\n ``(2) Introduction and referral.--\n ``(A) Introduction.--A joint resolution described \n in subsection (a)--\n ``(i) shall be introduced in the House of \n Representatives by the majority leader or \n minority leader or by a Member of the House of \n Representatives designated by the majority \n leader or minority leader; and\n ``(ii) shall be introduced in the Senate by \n the majority leader or minority leader or a \n Member of the Senate designated by the majority \n leader or minority leader.\n ``(B) Referral.--The joint resolution shall be \n referred to the Committee on International Relations of \n the House of Representatives and the Committee on \n Foreign Relations of the Senate.\n ``(3) Discharge of committees.--If a committee to which a \n joint resolution described in subsection (a) is referred has \n not reported such joint resolution by the end of 30 days \n beginning on the date of its introduction, such committee shall \n be discharged from further consideration of such joint \n resolution, and such joint resolution shall be placed on the \n appropriate calendar of the House involved.\n ``(4) Floor consideration in the house of \n representatives.--\n ``(A) In general.--On or after the third calendar \n day (excluding Saturdays, Sundays, or legal holidays, \n except when the House of Representatives is in session \n on such a day) after the date on which the committee to \n which a joint resolution described in subsection (a) is \n referred has reported, or has been discharged from \n further consideration of, such a joint resolution, it \n shall be in order for any Member of the House to move \n to proceed to the consideration of the joint \n resolution. A Member of the House may make the motion \n only on the day after the calendar day on which the \n Member announces to the House the Member's intention to \n do so. Such motion is privileged and is not debatable. \n The motion is not subject to amendment or to a motion \n to postpone. A motion to reconsider the vote by which \n the motion is agreed to shall not be in order. If a \n motion to proceed to the consideration of the joint \n resolution is agreed to, the House shall immediately \n proceed to consideration of the joint resolution which \n shall remain the unfinished business until disposed of.\n ``(B) Debate.--Debate on a joint resolution \n described in subsection (a), and on all debatable \n motions and appeals in connection therewith, shall be \n limited to not more than two hours, which shall be \n divided equally between those favoring and those \n opposing the joint resolution. An amendment to the \n joint resolution is not in order. A motion further to \n limit debate is in order and is not debatable. A motion \n to table, a motion to postpone, or a motion to recommit \n the joint resolution is not in order. A motion to \n reconsider the vote by which the joint resolution is \n agreed to or disagreed to is not in order.\n ``(C) Appeals.--Appeals from the decisions of the \n Chair to the procedure relating to a joint resolution \n described in subsection (a) shall be decided without \n debate.\n ``(5) Floor consideration in the senate.--Any joint \n resolution described in subsection (a) shall be considered in \n the Senate in accordance with the provisions of section \n 601(b)(4) of the International Security Assistance and Arms \n Export Control Act of 1976.\n ``(6) Consideration by the other house.--If, before the \n passage by one House of a joint resolution of that House \n described in subsection (a), that House receives from the other \n House a joint resolution described in subsection (a), then the \n following procedures shall apply:\n ``(A) The joint resolution of the other House shall \n not be referred to a committee and may not be \n considered in the House receiving it except in the case \n of final passage as provided in subparagraph (B)(ii).\n ``(B) With respect to a joint resolution described \n in subsection (a) of the House receiving the joint \n resolution--\n ``(i) the procedure in that House shall be \n the same as if no joint resolution had been \n received from the other House; but\n ``(ii) the vote on final passage shall be \n on the joint resolution of the other House.\n ``(C) Upon disposition of the joint resolution \n received from the other House, it shall no longer be in \n order to consider the joint resolution that originated \n in the receiving House.\n ``(7) Computation of days.--In the computation of the \n period of 30 days referred to in paragraph (3), there shall be \n excluded the days on which either House of Congress is not in \n session because of an adjournment of more than 3 days to a day \n certain or because of an adjournment of the Congress sine \n die.''.\n\nSEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH \n KOREA.\n\n Section 822(a) of the North Korea Threat Reduction Act of 1999 is \namended by striking ``such agreement,'' both places it appears and \ninserting in both places ``such agreement (or that are controlled under \nthe Export Trigger List of the Nuclear Suppliers Group),''.\n\nSEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF \n LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA.\n\n The North Korea Threat Reduction Act of 1999 is amended--\n (1) by redesignating section 824 (as redesignated by \n section 2(b)(1)) as section 825; and\n (2) by inserting after section 823 (as added by section \n 2(b)(2)) the following new section:\n\n``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF \n LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA.\n\n ``(a) Prohibition.--In supporting the provision of nuclear reactors \nto North Korea pursuant to the Agreed Framework, neither the President \nnor any department, agency, or instrumentality of the United States \nGovernment may enter into any international agreement, contract, or \nother arrangement, the purpose or effect of which is to impose \nliability on the United States Government, or otherwise require \nfinancial indemnity by the United States Government, for nuclear \naccidents that may occur at nuclear reactors provided to North Korea \npursuant to the Agreed Framework.\n ``(b) Construction.-- Except as provided in subsection (c), the \nprohibition of subsection (a) shall apply notwithstanding any other \nprovision of law.\n ``(c) Exception.--Subsection (a) shall not apply to any treaty \nsubject to approval by the Senate pursuant to article II, section 2, \nclause 2 of the Constitution of the United States.''.\n\n\n\n\n ","summary":"Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution. Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group. Declares that in supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any US agency may enter into any international agreement, contract, or other arrangement to impose liability on the US Government for nuclear accidents that may occur at nuclear reactors provided to North Korea.","title":"Accountability to Congress for Nuclear Transfers to North Korea Act of 2000","text_len":10298,"sum_len":774} {"bill_id":"109_hr5548","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Empowerment of Iraqi Women Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Saddam Hussein regime committed human rights \n atrocities against the citizens of Iraq.\n (2) In the past, women in Iraq played important roles in \n public and private industries, including the government.\n (3) Iraqi women currently are serving in the National \n Assembly, government ministries, and local governments.\n (4) The reconstruction of Iraq and the writing of the \n permanent Iraqi Constitution provide a unique opportunity to \n continue this success and to affirm women's human rights under \n law.\n (5) For women to fully participate in Iraqi society, they \n must have the guaranteed right to vote, the guaranteed right to \n run for office, guaranteed equality of opportunity, guaranteed \n equality in family law, guaranteed equal access to the civil \n courts, protection from gender-motivated violence, and \n guaranteed access to health care, education, and employment.\n (6) The United States, through its involvement in Iraq, \n must be actively working toward guaranteeing the full inclusion \n and participation of Iraqi women in the political and economic \n life of their country, and must continue to do so throughout \n the reconstruction process.\n (7) The United States must be actively working to ensure \n that the lives of Iraqi women are made better, not worse, \n because of United States intervention.\n\nSEC. 3. ESTABLISHMENT OF IRAQI WOMEN'S FUND.\n\n (a) Establishment.--The Administrator of the United States Agency \nfor International Development shall establish a fund for the purpose of \nassisting women and girls in Iraq in the areas of political, legal, and \nhuman rights, health care, education, training, security, and shelter.\n (b) Activities Supported.--The fund established under subsection \n(a) shall support the following activities:\n (1) Direct financial and programmatic assistance to the \n Iraq Ministry of Women's Affairs (hereafter in this section \n referred to as the ``Ministry'') to promote the strengthening \n of the Ministry as the Government of Iraq continues its \n transition to a long-term government structure. The Ministry \n may use such assistance to support activities such as the \n following:\n (A) Multiyear women-centered economic development \n programs, including programs to assist widows, female \n heads of household, women in rural areas, and disabled \n women.\n (B) Collaboration with the Iraq Ministry of Health \n to construct health infrastructure and delivery of \n high-quality comprehensive health care programs, \n including primary, maternal, child, reproductive, and \n mental health care.\n (C) Programs to prevent trafficking in persons, \n assist victims, and apprehend and prosecute traffickers \n in persons.\n (D) Programs to prevent gender-motivated violence \n targeted at women, including domestic violence.\n (2) Collaboration with the Iraq Ministry of Education to \n construct women's educational facilities in Iraq and promote \n the education of Iraqi girls beyond primary school.\n (c) Report.--Not later than 60 days after the date of the enactment \nof this Act, and annually thereafter, the Administrator of the United \nStates Agency for International Development shall prepare and submit to \nCongress a report that contains documentation of activities of the \nUnited States Agency for International Development, the Iraq Ministry \nof Women's Affairs, the Iraq Ministry of Health, and the Iraq Ministry \nof Education to implement the requirements of this section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $22,500,000 for each of the \nfiscal years 2007, 2008, and 2009 and such sums as are necessary for \neach subsequent fiscal year.\n\nSEC. 4. ASSISTANCE TO IRAQ.\n\n Notwithstanding any other provision of law, not less than 15 \npercent of the aggregate amount of economic and humanitarian assistance \nauthorized to be made available to Iraq for each of the fiscal years \n2007, 2008, and 2009 shall be made available for assistance directly to \nIraqi-led local nongovernmental organizations, including not less than \n5 percent of that 15 percent for Iraqi women-led organizations, with \ndemonstrated experience in delivering services to Iraqi women and \nchildren to support their programmatic activities and organizational \ndevelopment. In recognition of the appreciating capacity of Iraqi-led \nlocal nongovernmental organizations, including Iraqi women-led \norganizations, an appropriate percentage of the aggregate amount of \neconomic and humanitarian assistance authorized to be made available to \nIraq for fiscal year 2010 and each subsequent fiscal year shall be made \navailable for assistance directly to Iraqi-led local nongovernmental \norganizations, including Iraqi women-led organizations.\n\nSEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN IRAQ.\n\n (a) In General.--Activities described in subsections (b) through \n(d) that are carried out by the United States in Iraq shall comply with \nthe applicable requirements contained in such subsections.\n (b) Governance of Iraq.--With respect to the governance of Iraq, \nthe applicable requirements are the following:\n (1) Include the perspectives and advice of Iraqi women's \n organizations, networks, and leaders in United States \n policymaking related to the governance of Iraq.\n (2) Promote the achievement of 25 percent of the seats in \n the National Assembly to be held by Iraqi women to ensure that \n women's full range of human rights are included and upheld in \n any constitution or legal structures of Iraq.\n (3) Encourage the appointment of women to high level \n positions within Iraqi Ministries.\n (c) Post-Conflict Reconstruction and Development.--With respect to \nactivities relating to post-conflict stability in Iraq, the applicable \nrequirements are the following:\n (1) Encourage United States organizations that receive \n funds authorized by this Act to partner with or create Iraqi-\n led counterpart organizations and provide these organizations \n with significant financial resources, technical assistance, and \n capacity building.\n (2) Increase women's access to or ownership of productive \n assets such as land, water, agricultural inputs, credit, and \n property.\n (3) Provide long-term financial assistance for primary, \n secondary, higher, nontraditional, and vocational education for \n Iraqi girls, women, boys, and men.\n (4) Integrate education and training programs for former \n combatants with economic development programs to encourage \n their reintegration into society and to promote post-conflict \n stability.\n (d) Iraqi Military and Police.--With respect to training for \nmilitary and police forces in Iraq, the applicable requirements are the \nfollowing:\n (1) Include training on the protection, rights, and the \n particular needs of women and emphasize that violations of \n women's rights are intolerable and should be prosecuted.\n (2) Encourage such trainers who will carry out the \n activities in paragraph (1) to consult with women's \n organizations in Iraq to ensure that training content and \n materials are adequate, appropriate, and comprehensive.\n\nSEC. 6. REPORTING REQUIREMENTS.\n\n Not later than 60 days after the date of the enactment of this Act, \nand annually thereafter, the President shall prepare and transmit to \nCongress a report that contains documentation of activities of the \nUnited States to guarantee the rights of Iraqi women, including \nprogress in implementing the requirements of section 5 and on the \nstatus of women's rights in Iraq. All data in the report shall be \ndisaggregated by gender.","summary":"Empowerment of Iraqi Women Act of 2006 - Directs the United States Agency for International Development (USAID) establish a fund to assist women and girls in Iraq in the areas of political, legal, and human rights, health care, education, training, security, and shelter. Directs that the fund: (1) provide direct financial and programmatic assistance to the Iraq Ministry of Women's Affairs to strengthen the Ministry as the government of Iraq transitions to a long-term government structure. And (2) collaborate with the Iraq Ministry of Education to construct women's educational facilities and promote the education of Iraqi girls beyond primary school. Obligates specified economic and humanitarian assistance to Iraq for assistance directly to Iraqi-led local nongovernmental organizations, including Iraqi women-led organizations, with demonstrated experience in delivering services to Iraqi women and children.","title":"To authorize assistance for women and girls in Iraq, and for other purposes.","text_len":8505,"sum_len":918} {"bill_id":"115_s830","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Treat and Reduce Obesity Act of \n2017''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) According to the Centers for Disease Control, about 34 \n percent of adults aged 65 and over were obese in the period of \n 2009 through 2012, representing almost 15 million people.\n (2) Obesity increases the risk for chronic diseases and \n conditions, including high blood pressure, heart disease, \n certain cancers, arthritis, mental illness, lipid disorders, \n sleep apnea, and type 2 diabetes.\n (3) More than half of Medicare beneficiaries are treated \n for 5 or more chronic conditions per year. The rate of obesity \n among Medicare patients doubled from 1987 to 2002, and Medicare \n spending on obese individuals during that time more than \n doubled.\n (4) Men and women with obesity at age 65 have decreased \n life expectancy of 1.6 years for men and 1.4 years for women.\n (5) The direct and indirect cost of obesity is more than \n $450 billion annually.\n (6) On average, a Medicare beneficiary with obesity costs \n $1,964 more than a normal-weight beneficiary.\n (7) The prevalence of obesity among older individuals in \n the United States is growing at a linear rate and, if nothing \n changes, nearly half of the elderly population of the United \n States will have obesity in 2030 according to a Congressional \n Research Report on obesity.\n\nSEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH \n INTENSIVE BEHAVIORAL THERAPY.\n\n Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) \nis amended by adding at the end the following new paragraph:\n ``(4)(A) Subject to subparagraph (B), the Secretary may, in \n addition to qualified primary care physicians and other primary \n care practitioners, cover intensive behavioral therapy for \n obesity furnished by any of the following:\n ``(i) A physician (as defined in subsection (r)(1)) \n who is not a qualified primary care physician.\n ``(ii) Any other appropriate health care provider \n (including a physician assistant, nurse practitioner, \n or clinical nurse specialist (as those terms are \n defined in subsection (aa)(5)), a clinical \n psychologist, a registered dietitian or nutrition \n professional (as defined in subsection (vv))).\n ``(iii) An evidence-based, community-based \n lifestyle counseling program approved by the Secretary.\n ``(B) In the case of intensive behavioral therapy for \n obesity furnished by a provider described in clause (ii) or \n (iii) of subparagraph (A), the Secretary may only cover such \n therapy if such therapy is furnished--\n ``(i) upon referral from, and in coordination with, \n a physician or primary care practitioner operating in a \n primary care setting or any other setting specified by \n the Secretary; and\n ``(ii) in an office setting, a hospital out-patient \n department, a community-based site that complies with \n the Federal regulations concerning the privacy of \n individually identifiable health information \n promulgated under section 264(c) of the Health \n Insurance Portability and Accountability Act of 1996, \n or another setting specified by the Secretary.\n ``(C) In order to ensure a collaborative effort, the \n coordination described in subparagraph (B)(i) shall include the \n health care provider or lifestyle counseling program \n communicating to the referring physician or primary care \n practitioner any recommendations or treatment plans made \n regarding the therapy.''.\n\nSEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION.\n\n (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security \nAct (42 U.S.C. 1395w-102(e)(2)(A)) is amended, in the first sentence--\n (1) by striking ``and other than'' and inserting ``other \n than''; and\n (2) by inserting after ``benzodiazepines),'' the following: \n ``and other than subparagraph (A) of such section if the drug \n is used for the treatment of obesity (as defined in section \n 1861(yy)(2)(C)) or for weight loss management for an individual \n who is overweight (as defined in section 1861(yy)(2)(F)(i)) and \n has one or more related comorbidities,''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to plan years beginning on or after the date that is 2 years \nafter the date of the enactment of this Act.\n\nSEC. 5. REPORT TO CONGRESS.\n\n Not later than the date that is 1 year after the date of the \nenactment of this Act, and every 2 years thereafter, the Secretary of \nHealth and Human Services shall submit a report to Congress describing \nthe steps the Secretary has taken to implement the provisions of, and \namendments made by, this Act. Such report shall also include \nrecommendations for better coordination and leveraging of programs \nwithin the Department of Health and Human Services and other Federal \nagencies that relate in any way to supporting appropriate research and \nclinical care (such as any interactions between physicians and other \nhealth care providers and their patients) to treat, reduce, and prevent \nobesity in the adult population.","summary":"Treat and Reduce Obesity Act of 2017 This bill allows coverage, under Medicare, of intensive behavioral therapy for obesity furnished by providers other than primary care physicians and practitioners. Additionally, it allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.","title":"Treat and Reduce Obesity Act of 2017","text_len":5772,"sum_len":385} {"bill_id":"114_s2737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Medical Device Innovation \nAct''.\n\nSEC. 2. RECOGNITION OF STANDARDS.\n\n (a) In General.--Section 514(c) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360d(c)) is amended--\n (1) in paragraph (1), by inserting after subparagraph (B) \n the following new subparagraphs:\n ``(C)(i) Any person may submit a request for \n recognition under subparagraph (A) of all or part of an \n appropriate standard established by a nationally or \n internationally recognized standard organization.\n ``(ii) Not later than 60 calendar days after the \n Secretary receives such a request, the Secretary \n shall--\n ``(I) make a determination to recognize \n all, part, or none of the standard that is the \n subject of the request; and\n ``(II) issue to the person who submitted \n such request a response in writing that states \n the Secretary's rationale for that \n determination, including the scientific, \n technical, regulatory, or other basis for such \n determination.\n ``(iii) The Secretary shall take such actions as \n may be necessary to implement all or part of a standard \n recognized under subclause (I) of clause (ii), in \n accordance with subparagraph (A).\n ``(D) The Secretary shall make publicly available, \n in such manner as the Secretary determines appropriate, \n the rationale for recognition of all, part, or none of \n a standard, including the scientific, technical, \n regulatory, or other basis for the decision regarding \n such recognition.''; and\n (2) by adding at the end the following:\n ``(4) Training on use of standards.--The Secretary shall \n provide to all employees of the Food and Drug Administration \n who review premarket submissions for devices periodic training \n on the concept and use of recognized standards for purposes of \n meeting a premarket submission requirement or other applicable \n requirement under this Act, including standards relevant to an \n employee's area of device review.''.\n (b) Guidance.--The Secretary of Health and Human Services, acting \nthrough the Commissioner of Food and Drugs, shall review and update, if \nnecessary, previously published guidance and standard operating \nprocedures identifying the principles for recognizing standards, and \nfor withdrawing the recognition of standards, under section 514(c) of \nthe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking \ninto account the experience with and reliance on a standard by foreign \nregulatory authorities and the device industry, and whether recognition \nof a standard will promote harmonization among regulatory authorities \nin the regulation of devices.\n\nSEC. 3. CERTAIN CLASS I AND CLASS II DEVICES.\n\n (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360(l)) is amended--\n (1) by striking ``A report under subsection (k)'' and \n inserting ``(1) A report under subsection (k)''; and\n (2) by adding at the end the following new paragraph:\n ``(2) Not later than 120 calendar days after the date of \n enactment of the Improving Medical Device Innovation Act and at \n least once every 5 years thereafter, as the Secretary \n determines appropriate, the Secretary shall identify, through \n publication in the Federal Register, any type of class I device \n that the Secretary determines no longer requires a report under \n subsection (k) to provide reasonable assurance of safety and \n effectiveness. Upon such publication--\n ``(A) each type of class I device so identified \n shall be exempt from the requirement for a report under \n subsection (k); and\n ``(B) the classification regulation applicable to \n each such type of device shall be deemed amended to \n incorporate such exemption.''.\n (b) Class II Devices.--Section 510(m) of the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 360(m)) is amended--\n (1) by striking paragraph (1) and inserting the following \n new paragraph:\n ``(1) The Secretary shall--\n ``(A) not later than 90 days after the date of \n enactment of the Improving Medical Device Innovation \n Act and at least once every 5 years thereafter, as the \n Secretary determines appropriate--\n ``(i) publish in the Federal Register a \n notice that contains a list of each type of \n class II device that the Secretary determines \n no longer requires a report under subsection \n (k) to provide reasonable assurance of safety \n and effectiveness; and\n ``(ii) provide for a period of not less \n than 60 calendar days for public comment \n beginning on the date of the publication of \n such notice; and\n ``(B) not later than 210 calendar days after the \n date of enactment of the Improving Medical Device \n Innovation Act, publish in the Federal Register a list \n representing the Secretary's final determination with \n respect to the devices contained in the list published \n under subparagraph (A).''; and\n (2) in paragraph (2)--\n (A) by striking ``1 day after the date of \n publication of a list under this subsection,'' and \n inserting ``1 calendar day after the date of \n publication of the final list under paragraph \n (1)(B),''; and\n (B) by striking ``30-day period'' and inserting \n ``60-calendar-day period''; and\n (C) by adding at the end the following new \n paragraph:\n ``(3) Upon the publication of the final list under \n paragraph (1)(B)--\n ``(A) each type of class II device so listed shall \n be exempt from the requirement for a report under \n subsection (k); and\n ``(B) the classification regulation applicable to \n each such type of device shall be deemed amended to \n incorporate such exemption.''.\n\nSEC. 4. CLASSIFICATION PANELS.\n\n (a) Classification Panels.--Paragraph (5) of section 513(b) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended--\n (1) by striking ``(5)'' and inserting ``(5)(A)''; and\n (2) by adding at the end the following:\n ``(B) When a device is specifically the subject of \n review by a classification panel, the Secretary shall--\n ``(i) ensure that adequate expertise is \n represented on the classification panel to \n assess--\n ``(I) the disease or condition \n which the device is intended to cure, \n treat, mitigate, prevent, or diagnose; \n and\n ``(II) the technology of the \n device; and\n ``(ii) provide an opportunity for the \n person whose device is specifically the subject \n of panel review to provide recommendations on \n the expertise needed among the voting members \n of the panel.\n ``(C) For purposes of subparagraph (B)(i), the term \n `adequate expertise' means that the membership of the \n classification panel includes--\n ``(i) two or more voting members, with a \n specialty or other expertise clinically \n relevant to the device under review; and\n ``(ii) at least one voting member who is \n knowledgeable about the technology of the \n device.\n ``(D) The Secretary shall provide an annual \n opportunity for patients, representatives of patients, \n and sponsors of medical device submissions to provide \n recommendations for individuals with appropriate \n expertise to fill voting member positions on \n classification panels.''.\n (b) Panel Review Process.--Section 513(b)(6) of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended--\n (1) in subparagraph (A)(iii), by inserting before the \n period at the end ``, including by designating a representative \n who will be provided a time during the panel meeting to address \n the panel individually (or accompanied by experts selected by \n such representative) for the purpose of correcting \n misstatements of fact or providing clarifying information, \n subject to the discretion of the panel chairperson''; and\n (2) by striking subparagraph (B) and inserting the \n following new subparagraph:\n ``(B)(i) Any meeting of a classification panel with \n respect to the review of a device shall--\n ``(I) provide adequate time for initial \n presentations by the person whose device is \n specifically the subject of such review and by \n the Secretary; and\n ``(II) provide adequate time for and \n encourage free and open participation by all \n interested persons.\n ``(ii) Following the initial presentations \n described in clause (i), the panel may--\n ``(I) pose questions to the designated \n representative described in subparagraph \n (A)(iii); and\n ``(II) consider the responses to such \n questions in the panel's review of the \n device.''.\n\nSEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING.\n\n (a) Pilot Projects.--\n (1) In general.--In order to improve the value and \n efficiency of reporting so as to advance the objectives of \n section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 360i(a)), within one year of the date of enactment of \n this Act, the Secretary of Health and Human Services shall \n establish one or more pilot projects, in coordination with \n device manufacturers, to explore and evaluate the use of \n alternative methods of compliance with such subsection for \n manufacturers of devices described in section 513(a)(1)(C) of \n the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 360c(a)(1)(C)).\n (2) Voluntary participation.--Participation in such pilot \n projects shall be voluntary for device manufacturers. The \n Secretary may establish the conditions for such voluntary \n participation and may establish a process for authorizing \n participation.\n (3) Purposes.--The pilot projects established under \n paragraph (1) shall be designed to--\n (A) test methods of reporting for one or more \n device types, with priority given to devices for which \n device manufacturers submit a relatively high volume of \n reports under the regulations implementing section \n 519(a) of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 360i(a));\n (B) evaluate forms of data monitoring and reporting \n that improve the usability of report data by focusing \n on events and information that are most relevant to \n reasonably assuring the safety and effectiveness of the \n device;\n (C) identify methods of reporting that will be \n least burdensome for device manufacturers; and\n (D) evaluate methods that are alternative to, and \n do not duplicate, compliance with requirements of part \n 803 of title 21, Code of Federal Regulations (or \n successor regulations).\n (4) Notification to congress.--The Secretary of Health and \n Human Services shall notify the Committee on Health, Education, \n Labor, and Pensions of the Senate and the Committee on Energy \n and Commerce of the House of Representatives not later than 18 \n months after the date of enactment of this Act of the number of \n manufacturers that have agreed to participate in a pilot \n project under this subsection with the Secretary of Health and \n Human Services.\n (5) Rule of construction.--Nothing in this subsection shall \n limit the authority of the Secretary of Health and Human \n Services to provide for alternative methods of medical device \n reporting under part 803 of title 21, Code of Federal \n Regulations (or successor regulations), including such methods \n described in this subsection.\n (6) Compliance with requirements for records or reports on \n devices.--\n (A) In general.--A device manufacturer that \n participates in a pilot project under this subsection \n shall be required to comply with all applicable \n provisions of section 519 of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 360i), and implementing \n regulations, except as described in subparagraph (B).\n (B) Conditional exemption.--The Secretary may \n determine that, for a specified time period to be \n determined by the Secretary, a manufacturer \n participating in a pilot project under this subsection \n is exempt from certain provisions of section 519(a) of \n the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 360i(a)), and implementing regulations, if such \n manufacturer complies with the conditions set forth in \n a pilot project under this subsection.\n (b) GAO Review.--\n (1) Review of pilot projects.--The Comptroller General of \n the United States shall conduct a review of the pilot projects \n established under subsection (a), and of the reporting system \n under part 803 of title 21, Code of Federal Regulations (or \n successor regulations).\n (2) Report.--Not later than January 31, 2021, the \n Comptroller General of the United States shall submit to \n Congress a report containing the results of the review \n described in paragraph (1). Such report shall analyze the \n value, efficiency, and effectiveness of reporting methods under \n subsections (a) and (b) of section 519 of Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 360i) and identify any \n recommendations for statutory amendments that would enhance the \n objectives of section 519(a) of such Act.","summary":"Improving Medical Device Innovation Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to medical device performance standards, reporting requirements, and classification panels. A person may request that the Food and Drug Administration (FDA) recognize a performance standard established by a recognized standards organization as a standard to which a medical device may conform in order to meet an FDA requirement. When a request to recognize a standard is received, the FDA must determine whether to recognize all, part, or none of the standard and publish the rationale for that determination. The FDA must: train employees who review premarket submissions for medical devices on recognized standards, review its published principles for recognizing standards. Identify types of medical devices for which a premarket report is no longer needed to provide reasonable assurance of safety and effectiveness. Ensure that adequate expertise is represented on medical device classification panels. Provide an opportunity for a person whose premarket submission is subject to review by a classification panel to recommend expertise needed on the panel. And provide opportunities for patients, patient representatives, and medical device sponsors to recommend individuals for positions on classification panels. The FDA, in coordination with medical device manufacturers, must establish pilot projects to evaluate alternative methods of compliance with reporting requirements for certain medical devices. The Government Accountability Office must report on these pilot projects.","title":"Improving Medical Device Innovation Act","text_len":16175,"sum_len":1614} {"bill_id":"105_hr2590","text":"SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN \n MEDICAL TEST RESULTS.\n\n (a) In General.--Except as provided in subsections (c) and (d), a \nlife or disability insurer who requires, as a condition for the sale of \na covered insurance product, that an applicant for the purchase of the \nproduct submit to an examination or test by a physician, health \nprofessional, or medical laboratory--\n (1) shall require the physician, health professional, or \n laboratory to provide the results to the insurer in the form of \n a written report containing the findings of the physician, \n professional, or laboratory, including the results of all \n tests, diagnoses, and conclusions made; and\n (2) shall mail, not later than 30 days after the date on \n which the insurer receives such report, the report to the \n applicant at an address provided for this purpose by the \n applicant.\n (b) Abnormal Finding.--In any case in which a life or disability \ninsurer mails a report to an applicant under subsection (a) that \ncontains a finding of abnormality or irregularity with respect to the \nhealth or condition of the applicant, the insurer shall include with \nthe report a document that--\n (1) highlights the abnormal or irregular finding in \n language that is understandable to a person of average \n intelligence with no medical training; and\n (2) advises the applicant to consult with a suitable health \n professional for further explanation and appropriate follow-up.\n (c) Election To Receive Results through Physician.--An applicant \ndescribed in subsection (a) may elect to have the report described in \nsuch subsection, and the document described in subsection (b), mailed \nto a physician of the applicant's choice designated by the applicant \nfor such purpose, in lieu of having the report and document mailed to \nthe applicant. The election shall be effective in any case where the \napplicant, before the date of the examination or test, submits to the \ninsurer an election form described in subsection (e)(1) that includes--\n (1) a check-off box, marked by hand by the applicant, \n showing the applicant's election to have the report and \n document mailed to such physician;\n (2) the applicant's signature; and\n (3) the date on which the form was completed by the \n applicant.\n (d) Waiver by Applicant.--Subsections (a) and (b) shall not apply \nwhere the applicant, before the date of the examination or test, \ndeclines to receive the results by submitting to the insurer a waiver \nform described in subsection (e)(1) that includes--\n (1) a check-off box, marked by hand by the applicant, \n showing the applicant's choice to waive the applicant's right \n to receive any reports under subsection (a);\n (2) the applicant's signature; and\n (3) the date on which the form was completed by the \n applicant.\n (e) Requirements Relating to Forms.--\n (1) Requirement to supply forms.--A life or disability \n insurer described in subsection (a) shall furnish to an \n applicant described in such subsection an election form, \n sufficient for purposes of subsection (c), and a waiver form, \n sufficient for purposes of subsection (d), at the same time the \n insurer furnishes to the applicant the application for sale of \n the covered product. The forms shall be distinct from, and not \n a part of, such application.\n (2) Copy.--A life or disability insurer described in \n subsection (a) shall furnish to an applicant described in such \n subsection a copy of an election form or a waiver form \n submitted to the insurer by the applicant upon the insurer's \n receipt of the form.\n (3) Revocation.--An election under subsection (c), or a \n waiver under subsection (d), may be revoked by the applicant at \n any time, through a written or oral notification to the life or \n disability insurer.\n\nSEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS.\n\n A life or disability insurer who requires, as a condition for the \nsale of a covered insurance product, that an applicant for the purchase \nof the product submit to an examination or test by a physician, health \nprofessional, or medical laboratory may not disclose to any other \nperson, in any form, the results of such examination or test, except--\n (1) as provided in section 1;\n (2) pursuant to a valid and fully executed written \n authorization for such disclosure--\n (A) during the period specified by the \n authorization, in the case of an authorization that \n permits the disclosure to be made only during a period \n that is shorter than the 2-year period beginning on the \n date the authorization is executed by the applicant; or\n (B) during 2-year period beginning on the date the \n authorization is executed by the applicant, in the case \n of any other authorization;\n (3) pursuant to a court order, subpoena, warrant, or search \n warrant, for use by a law enforcement agency in an official law \n enforcement investigation or proceeding inquiring into a \n violation of any civil or criminal law, and where such \n disclosure is expressly required by an applicable law other \n than this Act;\n (4) where the disclosure is made to a public health \n authority and is expressly required by an applicable law other \n than this Act.\n\nSEC. 3. CIVIL ACTION BY AGGRIEVED PERSON.\n\n (a) In General.--Any person who is aggrieved by a violation of this \nAct by a life or disability insurer may commence a civil action against \nthe insurer in an appropriate State court or district court of the \nUnited States.\n (b) Relief.--\n (1) In general.--In an action under this section, if the \n court finds that the defendant has failed to comply with this \n Act, the aggrieved person may recover--\n (A) statutory damages in an amount equal to $10,000 \n for each such violation;\n (B) compensatory damages; and\n (C) punitive damages.\n (2) Attorney's fees.--In an action under this section, the \n court, in its discretion, may allow a prevailing plaintiff, \n other than the United States, a reasonable attorney's fee \n (including expert fee) as part of the costs, and the United \n States shall be liable for costs the same as a private person.\n\nSEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.\n\n For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. \n1012(b); commonly known as the McCarran-Ferguson Act), this Act shall \nbe considered to specifically relate to the business of insurance.\n\nSEC. 5. REGULATIONS.\n\n The Secretary of Health and Human Services may issue regulations to \ncarry out this Act.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act:\n (1) Applicant.--The term ``applicant'' means an individual \n whose death or disability will be, or is, the subject of a \n covered insurance product, upon the acceptance by the life or \n disability insurer selling the product of the application for \n the purchase of the product.\n (2) Covered insurance product.--The term ``covered \n insurance product'' means--\n (A) a life insurance policy or contract, or \n benefits under such a policy or contract; or\n (B) a disability insurance policy or contract, or \n benefits under such a policy or contract.\n (3) Disclose.--The term ``disclose'', means to release, \n transfer, provide access to, or otherwise divulge the \n information to any person other than an individual who is the \n subject of the information. Such term includes the placement of \n information into a computerized data base, networked computer \n system, or any other electronic or magnetic data system, that \n more than one person may access by any means.\n (4) Life or disability insurer.--The term ``life or \n disability insurer'' means--\n (A) a person doing business in interstate commerce \n who is licensed or certified by a State to provide a \n covered insurance product; or\n (B) a person who acts as an agent of a person \n described in subparagraph (A) with respect to the sale \n of a covered insurance product.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall take effect on July 1, 1998.","summary":"Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance.","title":"To require life and disability insurers to disclose an insurance applicant's medical test results to the applicant, unless the applicant specifically declines to receive the results, and otherwise to restrict the disclosure of such results by such insurers.","text_len":8964,"sum_len":915} {"bill_id":"103_s1209","text":"SECTION 1. SHORT TITLE; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Local Government \nLandfill Compliance Deadline Act''.\n (b) Purpose.--The purpose of this Act is to strengthen the ability \nof county and city officials to fulfill the goals established for \nmunicipal solid waste landfills by allowing adequate time for wise, \nenvironmentally sound, and fiscally responsible decisionmaking by the \nofficials in a manner consistent with the obligations of the officials \nto the citizens they serve.\n\nSEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED \n CRITERIA.\n\n (a) Temporary Exemption.--\n (1) In general.--Except as provided in paragraph (2), \n during the 1-year period beginning on October 9, 1993, each \n municipal solid waste landfill that--\n (A) is in existence on October 8, 1993; and\n (B) meets the requirements of the criteria \n contained in regulations issued pursuant to sections \n 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 \n U.S.C. 6944(a) and 6949a(c), respectively) as in effect \n on January 1, 1993,\n shall not be required to meet any revised criteria that take \n effect after the date specified in subparagraph (B).\n (2) Exceptions.--\n (A) In general.--If the Administrator of the \n Environmental Protection Agency (referred to in this \n section as the `Administrator'), or the appropriate \n official of a State with a plan approved by the \n Administrator pursuant to title IV of the Solid Waste \n Disposal Act (42 U.S.C. 6941 et seq.) (referred to in \n this section as an ``appropriate State official''), \n determines that the owner or operator of a municipal \n solid waste landfill did not make a good faith effort \n before October 9, 1993, to comply with any revised \n criteria that took effect after the date specified in \n paragraph (1)(B), the exemption described in paragraph \n (1) shall not apply to the landfill.\n (B) Temporary extension of exemption.--The owner or \n operator of a municipal solid waste landfill that is \n the subject of an exemption under paragraph (1) may \n submit an application to the Administrator or an \n appropriate State official (in the case of a State \n referred to in subparagraph (A)) for a 180-day \n extension of the exemption. The Administrator (or the \n appropriate State official) shall grant the extension \n if the Administrator (or the appropriate State \n official) determines that the owner or operator cannot \n achieve compliance with the revised criteria referred \n to in such paragraph by the end of the 1-year period \n specified in such paragraph because of 1 or more \n factors beyond the control of the owner or operator, \n including--\n (i) litigation;\n (ii) adverse weather conditions that slow \n or bring to a temporary halt the construction \n of a landfill;\n (iii) a breakdown in negotiations for the \n construction or use of a regional landfill that \n requires any local government participating in \n the negotiations to pursue other arrangements \n for waste disposal; or\n (iv) any delay in siting, permitting, or \n patenting a landfill or transfer station, \n including any delay attributable to--\n (I) the unavailability of, or \n inaccessibility to, technical \n assistance; or\n (II) procedures for purchasing, \n leasing, permitting, or patenting a \n site on Federal land, including \n carrying out any necessary \n environmental assessments or preparing \n environmental impact statements \n pursuant to the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et \n seq.).\n (C) Mandatory extension.--The Administrator (or the \n appropriate State official) may not disapprove any \n application referred to in subparagraph (B) in any case \n in which the Administrator (or appropriate State \n official) determines that the failure of a Federal \n agency or a department or agency of a State to issue a \n permit, patent, or other necessary approval for a \n landfill that is the subject of the application, or a \n transfer station associated with the landfill, has been \n a factor in the inability of the owner or operator of \n the landfill to achieve compliance with the revised \n criteria referred to in paragraph (1).\n (b) Prior Criteria Applicable During Exemption Period.--During the \nperiod specified in subsection (a)(1), and during any applicable \nadditional period specified in subsection (a)(2)(B), a landfill subject \nto an exemption pursuant to this section shall be subject to the \ncriteria referred to in subsection (a)(1)(B).\n (c) Effective Date of Revised Criteria.--Except as otherwise \nspecifically provided in this Act, beginning on October 9, 1994, each \nmunicipal solid waste landfill shall be subject to the revised criteria \napplicable to the landfill issued pursuant to sections 4004(a) and \n4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and \n6949a(c), respectively), and any subsequent revision to the criteria.\n (d) Citizen Suits.--No person may commence a civil action pursuant \nto section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the \nbasis of the failure of a municipal solid waste landfill subject to the \nexemption described in subsection (a)(1) to meet any requirement with \nrespect to which the exemption applies.\n\nSEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE \n REQUIREMENTS.\n\n (a) In General.--Notwithstanding any other provision of law, the \nAdministrator shall issue regulations that revise the financial \nassurance requirements under subpart G of title 40, Code of Federal \nRegulations, to broaden the mechanisms available to an owner or \noperator of a municipal solid waste landfill for demonstrating \nfinancial responsibility. The revised regulations shall include revised \ncriteria for determining whether mechanisms in addition to the \nmechanisms specified in the regulations may be approved by the \nAdministrator. The revised criteria shall take into account the \nfinancial circumstances of small municipalities and counties (as \ndefined and determined by the Administrator).\n (b) Effective Date.--The revised regulations promulgated pursuant \nto subsection (a) shall take effect on the date that is 2 years after \nthe promulgation of the regulations.\n (c) Applicability.--During the period beginning on the effective \ndate specified in section 258.70 of title 40, Code of Federal \nRegulations, and ending on the date specified in subsection (b), the \nfinancial assurance requirements under subpart G of part 258 of title \n40, Code of Federal Regulations, shall not apply.\n\nSEC. 4. GROUND WATER MONITORING.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Administrator shall issue regulations that exempt from \nthe ground water monitoring requirements under sections 258.51 through \n258.55 of title 40, Code of Federal Regulations, any municipal solid \nwaste landfill unit described in the matter preceding clause (i) in \nsection 258.1(f)(1), as added by the final rule published at 56 Fed. \nReg. 50798 on October 9, 1991, (referred to in this section as a \n``small landfill'')--\n (1) in a community that experiences an annual interruption \n of at least 3 consecutive months of surface transportation that \n prevents access to a regional waste management facility; or\n (2) in a community that has no practicable waste management \n alternative and that has a small landfill unit located in an \n area that annually receives less than or equal to 25 inches of \n precipitation.\n (b) Effective Date.--The regulations promulgated pursuant to \nsubsection (a) shall take effect on the date that is 2 years after the \ndate of enactment of this Act.\n (c) Exemption.--Notwithstanding any other provision of law, before \nthe effective date of the regulations referred to in subsection (b), a \nlandfill referred to in subsection (a) shall not be required to carry \nout any ground water monitoring activities required under Federal law.","summary":"Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria for a period of one year. Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility. Makes current requirements inapplicable until the effective date of such regulations. Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements.","title":"Local Government Landfill Compliance Deadline Act","text_len":9416,"sum_len":1068} {"bill_id":"112_s849","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Waco Mammoth National Monument \nEstablishment Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Waco Mammoth Site area is located near the \n confluence of the Brazos River and the Bosque River in Central \n Texas, near the city of Waco;\n (2) after the discovery of bones emerging from eroding \n creek banks leading to the uncovering of portions of 5 \n mammoths, Baylor University began investigating the site in \n 1978;\n (3) several additional mammoth remains have been uncovered \n making the site the largest known concentration of mammoths \n dying from the same event;\n (4) the mammoth discoveries have received international \n attention; and\n (5) Baylor University and the city of Waco, Texas, have \n been working together--\n (A) to protect the site; and\n (B) to develop further research and educational \n opportunities at the site.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) City.--The term ``City'' means the city of Waco, Texas.\n (2) Management plan.--The term ``management plan'' means \n the management plan for the Monument prepared under section \n 5(c)(1).\n (3) Map.--The term ``map'' means the map entitled \n ``Proposed Boundary Waco-Mammoth National Monument'', numbered \n T21\/80,000, and dated April 2009.\n (4) Monument.--The term ``Monument'' means the Waco Mammoth \n National Monument established by section 4(a).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of Texas.\n (7) University.--The term ``University'' means Baylor \n University in the State.\n\nSEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.\n\n (a) Establishment.--There is established in the State, as a unit of \nthe National Park System, the Waco Mammoth National Monument, as \ngenerally depicted on the map.\n (b) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the National Park \nService.\n\nSEC. 5. ADMINISTRATION OF MONUMENT.\n\n (a) In General.--The Secretary shall administer the Monument in \naccordance with--\n (1) this Act; and\n (2) any cooperative agreements entered into under \n subsection (b)(1).\n (b) Authorities of Secretary.--\n (1) Cooperative agreements.--The Secretary may enter into \n cooperative management agreements with the University and the \n City, in accordance with section 3(l) of Public Law 91-383 (16 \n U.S.C. 1a-2(l)).\n (2) Acquisition of land.--The Secretary may acquire by \n donation from the City any land or interest in land owned by \n the City within the proposed boundary of the Monument.\n (c) General Management Plan.--\n (1) In general.--Not later than 3 years after the date of \n enactment of this Act, the Secretary, in consultation with the \n University and the City, shall complete a general management \n plan for the Monument.\n (2) Inclusions.--The management plan shall include, at a \n minimum--\n (A) measures for the preservation of the resources \n of the Monument;\n (B) requirements for the type and extent of \n development and use of the Monument;\n (C) identification of the capacity of the Monument \n for accommodating visitors; and\n (D) opportunities for involvement by the \n University, City, State, and other local and national \n entities in--\n (i) developing educational programs for the \n Monument; and\n (ii) developing and supporting the \n Monument.\n (d) Prohibition of Use of Federal Funds.--No Federal funds may be \nused to pay the costs of--\n (1) carrying out a cooperative agreement under subsection \n (b)(1);\n (2) acquiring land for inclusion in the Monument under \n subsection (b)(2);\n (3) developing a visitor center for the Monument;\n (4) operating or maintaining the Monument;\n (5) constructing exhibits for the Monument; or\n (6) developing the general management plan under subsection \n (c).\n (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay \nany costs that may be incurred by the Secretary or the National Park \nService in carrying out this section.\n (f) Effect on Eligibility for Financial Assistance.--Nothing in \nthis Act affects the eligibility of the Monument for Federal grants or \nother forms of financial assistance that the Monument would have been \neligible to apply for had National Park System status not been \nconferred to the Monument under this Act.\n (g) Termination of National Park System Status.--\n (1) In general.--Designation of the Monument as a unit of \n the National Park System shall terminate if the Secretary \n determines that Federal funds are required to operate and \n maintain the Monument.\n (2) Reversion.--If the designation of the Monument as a \n unit of the National Park System is terminated under paragraph \n (1), any land acquired by the Secretary from the City under \n subsection (b)(2) shall revert to the City.\n\nSEC. 6. NO BUFFER ZONES.\n\n Nothing in this Act, the establishment of the Monument, or the \nmanagement plan shall be construed to create buffer zones outside of \nthe Monument.","summary":"Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument.","title":"A bill to establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.","text_len":5868,"sum_len":310} {"bill_id":"114_hr496","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Alabama Hills \nNational Scenic Area Establishment Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Alabama Hills National Scenic Area, California.\nSec. 4. Management plan.\nSec. 5. Land taken into trust for Lone Pine Paiute-Shoshone \n Reservation.\nSec. 6. Transfer of administrative jurisdiction.\nSec. 7. Protection of services and recreational opportunities.\nSec. 8. Clarification regarding funding.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Management plan.--The term ``management plan'' means \n the management plan for the National Scenic Area developed \n under section 4(a).\n (2) Map.--The term ``Map'' means the map titled ``Proposed \n Alabama Hills National Scenic Area'', dated September 8, 2014.\n (3) Motorized vehicles.--The term ``motorized vehicles'' \n means motorized or mechanized vehicles and includes, when used \n by utilities, mechanized equipment, helicopters, and other \n aerial devices necessary to maintain electrical or \n communications infrastructure.\n (4) National scenic area.--The term ``National Scenic \n Area'' means the Alabama Hills National Scenic Area established \n by section 3(a).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of \n California.\n (7) Tribe.--The term ``Tribe'' means the Lone Pine Paiute-\n Shoshone.\n (8) Utility facility.--The term ``utility facility'' means \n any and all existing and future water system facilities \n including aqueducts, streams, ditches, and canals; water \n facilities including, but not limited to, flow measuring \n stations, gauges, gates, values, piping, conduits, fencing, and \n electrical power and communications devices and systems; and \n any and all existing and future electric generation facilities, \n electric storage facilities, overhead and\/or underground \n electrical supply systems and communication systems consisting \n of electric substations, electric lines, poles and towers made \n of various materials, ``H'' frame structures, guy wires and \n anchors, crossarms, wires, underground conduits, cables, \n vaults, manholes, handholes, above-ground enclosures, markers \n and concrete pads and other fixtures, appliances and \n communication circuits, and other fixtures, appliances and \n appurtenances connected therewith necessary or convenient for \n the construction, operation, regulation, control, grounding and \n maintenance of electric generation, storage, lines and \n communication circuits, for the purpose of transmitting \n intelligence and generating, storing, distributing, regulating \n and controlling electric energy to be used for light, heat, \n power, communication, and other purposes.\n\nSEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.\n\n (a) Establishment.--Subject to valid, existing rights, there is \nestablished in Inyo County, California, the Alabama Hills National \nScenic Area. The National Scenic Area shall be comprised of the \napproximately 18,610 acres generally depicted on the Map as ``National \nScenic Area''.\n (b) Purpose.--The purpose of the National Scenic Area is to \nconserve, protect, and enhance for the benefit, use, and enjoyment of \npresent and future generations the nationally significant scenic, \ncultural, geological, educational, biological, historical, \nrecreational, cinematographic, and scientific resources of the National \nScenic Area managed consistent with section 302(a) of the Federal Land \nPolicy and Management Act of 1976 (43 U.S.C. 1732(a)).\n (c) Map; Legal Descriptions.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary shall file a map and a \n legal description of the National Scenic Area with--\n (A) the Committee on Energy and Natural Resources \n of the Senate; and\n (B) the Committee on Natural Resources of the House \n of Representatives.\n (2) Force of law.--The map and legal descriptions filed \n under paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary may correct any \n clerical and typographical errors in the map and legal \n descriptions.\n (3) Public availability.--Each map and legal description \n filed under paragraph (1) shall be on file and available for \n public inspection in the appropriate offices of the Forest \n Service and Bureau of Land Management.\n (d) Administration.--The Secretary shall manage the National Scenic \nArea--\n (1) as a component of the National Landscape Conservation \n System;\n (2) so as not to impact the future continuing operations \n and maintenance of any activities associated with valid, \n existing rights, including water rights;\n (3) in a manner that conserves, protects, and enhances the \n resources and values of the National Scenic Area described in \n subsection (b); and\n (4) in accordance with--\n (A) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.);\n (B) this Act; and\n (C) any other applicable laws.\n (e) Management.--\n (1) In general.--The Secretary shall allow only such uses \n of the National Scenic Area as the Secretary determines would \n support the purposes of the National Scenic Area as described \n in subsection (b).\n (2) Recreational activities.--Except as otherwise provided \n in this Act or other applicable law, or as the Secretary \n determines to be necessary for public health and safety, the \n Secretary shall allow existing recreational uses of the \n National Scenic Area to continue, including hiking, mountain \n biking, rock climbing, sightseeing, horseback riding, hunting, \n fishing, and appropriate authorized motorized vehicle use.\n (3) Motorized vehicles.--Except as specified within this \n Act and\/or in cases in which motorized vehicles are needed for \n administrative purposes, or to respond to an emergency, the use \n of motorized vehicles in the National Scenic Area shall be \n permitted only on--\n (A) roads and trails designated by the Director of \n the Bureau of Land Management for use of motorized \n vehicles as part of a management plan sustaining a \n semi-primitive motorized experience; or\n (B) on county-maintained roads in accordance with \n applicable State and county laws.\n (f) No Buffer Zones.--\n (1) In general.--Nothing in this Act creates a protective \n perimeter or buffer zone around the National Scenic Area.\n (2) Activities outside national scenic area.--The fact that \n an activity or use on land outside the National Scenic Area can \n be seen or heard within the National Scenic Area shall not \n preclude the activity or use outside the boundaries of the \n National Scenic Area.\n (g) Access.--The Secretary shall continue to provide private \nlandowners adequate access to inholdings in the National Scenic Area.\n (h) Filming.--Nothing in this Act prohibits filming (including \ncommercial film production, student filming, and still photography) \nwithin the National Scenic Area--\n (1) subject to--\n (A) such reasonable regulations, policies, and \n practices as the Secretary considers to be necessary; \n and\n (B) applicable law; and\n (2) in a manner consistent with the purposes described in \n subsection (b).\n (i) Fish and Wildlife.--Nothing in this Act affects the \njurisdiction or responsibilities of the State with respect to fish and \nwildlife.\n (j) Livestock.--The grazing of livestock in the National Scenic \nArea, including grazing under the Alabama Hills allotment and the \nGeorge Creek allotment, as established before the date of enactment of \nthis Act, shall be permitted to continue--\n (1) subject to--\n (A) such reasonable regulations, policies, and \n practices as the Secretary considers to be necessary; \n and\n (B) applicable law; and\n (2) in a manner consistent with the purposes described in \n subsection (b).\n (k) Overflights.--Nothing in this Act restricts or precludes \nflights over the National Scenic Area or overflights that can be seen \nor heard within the National Scenic Area, including--\n (1) transportation, sightseeing and filming flights, \n general aviation planes, helicopters, hang-gliders, and \n balloonists, for commercial or recreational purposes;\n (2) low-level overflights of military aircraft;\n (3) flight testing and evaluation; or\n (4) the designation or creation of new units of special use \n airspace, or the establishment of military flight training \n routes, over the National Scenic Area.\n (l) Withdrawal.--Subject to this Act's provisions and valid rights \nin existence on the date of enactment of this Act, including rights \nestablished by prior withdrawals, the Federal land within the National \nScenic Area is withdrawn from all forms of--\n (1) entry, appropriation, or disposal under the public land \n laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under all laws pertaining to mineral and \n geothermal leasing or mineral materials.\n (m) Wildland Fire Operations.--Nothing in this Act prohibits the \nSecretary, in cooperation with other Federal, State, and local \nagencies, as appropriate, from conducting wildland fire operations in \nthe National Scenic Area, consistent with the purposes described in \nsubsection (b).\n (n) Grants; Cooperative Agreements.--The Secretary may make grants \nto, or enter into cooperative agreements with, State, tribal, and local \ngovernmental entities and private entities to conduct research, \ninterpretation, or public education or to carry out any other \ninitiative relating to the restoration, conservation, or management of \nthe National Scenic Area.\n (o) Air and Water Quality.--Nothing in this Act modifies any \nstandard governing air or water quality outside of the boundaries of \nthe National Scenic Area.\n (p) Utility Facilities and Rights of Way.--\n (1) Nothing in this Act shall--\n (A) affect the existence, use, operation, \n maintenance (including but not limited to vegetation \n control), repair, construction, reconfiguration, \n expansion, inspection, renewal, reconstruction, \n alteration, addition, relocation, improvement, funding, \n removal, or replacement of utility facilities or \n appurtenant rights of way within or adjacent to the \n National Scenic Area;\n (B) affect necessary or efficient access to utility \n facilities or rights of way within or adjacent to the \n National Scenic Area subject to subsection (e);\n (C) preclude the Secretary from authorizing the \n establishment of new utility facility rights of way \n (including instream sites, routes, and areas) within \n the National Scenic Area in a manner that minimizes \n harm to the purpose of the National Scenic Area as \n described in subsection (b)--\n (i) with the National Environmental Policy \n Act of 1969 (42 U.S.C. 4321 et seq.) and any \n other applicable law; and\n (ii) subject to such terms and conditions \n as the Secretary determines to be appropriate.\n (2) Management plan.--Consistent with this Act, the \n Management Plan shall establish plans for maintenance of public \n utility and other rights of way within the National Scenic \n Area.\n\nSEC. 4. MANAGEMENT PLAN.\n\n (a) In General.--Not later than 3 years after the date of enactment \nof this Act, in accordance with subsection (b), the Secretary shall \ndevelop a comprehensive plan for the long-term management of the \nNational Scenic Area.\n (b) Consultation.--In developing the management plan, the Secretary \nshall--\n (1) consult with appropriate State, tribal, and local \n governmental entities, including Inyo County and the Tribe; and\n (2) seek input from--\n (A) investor-owned utilities, including Southern \n California Edison Company;\n (B) the Alabama Hills Stewardship Group;\n (C) members of the public; and\n (D) the Los Angeles Department of Water and Power.\n (c) Incorporation of Management Plan.--In developing the management \nplan, in accordance with this section, the Secretary shall allow, in \nperpetuity, casual-use mining limited to the use of hand tools, metal \ndetectors, hand-fed dry washers, vacuum cleaners, gold pans, small \nsluices, and similar items.\n (d) Interim Management.--Pending completion of the management plan, \nthe Secretary shall manage the National Scenic Area in accordance with \nsection 3.\n\nSEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE \n RESERVATION.\n\n (a) Trust Land.--As soon as practicable after the date of the \nenactment of this Act, the Secretary shall take the approximately 132 \nacres of Federal land depicted on the Map as ``Lone Pine Paiute-\nShoshone Reservation Addition'' into trust for the benefit of the \nTribe, subject to the following:\n (1) Conditions.--The land shall be subject to all \n easements, covenants, conditions, restrictions, withdrawals, \n and other matters of record on the date of the enactment of \n this Act.\n (2) Exclusion.--The Federal lands over which the right-of-\n way for the Los Angeles Aqueduct is located, generally \n described as the 250-foot-wide right-of-way granted to the City \n of Los Angeles pursuant to the Act of June 30, 1906 (Chap. \n 3926), shall not be taken into trust for the Tribe.\n (b) Reservation Land.--The land taken into trust pursuant to \nsubsection (a) shall be considered part of the reservation of the \nTribe.\n (c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory \nAct (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken \ninto trust pursuant to subsection (a).\n\nSEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION.\n\n Administrative jurisdiction of the approximately 56 acres of \nFederal land depicted on the Map as ``USFS Transfer to BLM'' is hereby \ntransferred from the Forest Service under the Secretary of Agriculture \nto the Bureau of Land Management under the Secretary.\n\nSEC. 7. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.\n\n Nothing in this Act shall be construed to limit commercial services \nfor existing and historic recreation uses as authorized by the Bureau \nof Land Management's permit process. Valid, existing, commercial \npermits to exercise guided recreational opportunities for the public \nmay continue as authorized on the day before the date of the enactment \nof this Act.\n\nSEC. 8. CLARIFICATION REGARDING FUNDING.\n\n No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by\n\n\n \n\n this Act. Such requirements shall be carried out using amounts \notherwise authorized.\n\n Passed the House of Representatives May 23, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Alabama Hills National Scenic Area Establishment Act This bill establishes in Inyo County, California, the Alabama Hills National Scenic Area, comprising approximately 18,610 acres of land. The Department of the Interior shall manage the Area as a component of the National Landscape Conservation System. Interior shall allow existing recreational uses of the Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. The use of motorized vehicles in the Area shall be permitted only on: roads and trails designated by the Bureau of Land Management (BLM) for use of such vehicles as part of a management plan sustaining a semi-primitive motorized experience, or on county-maintained roads. Nothing in this bill creates a protective perimeter or buffer zone around the National Scenic Area. Interior shall continue to provide private landowners with adequate access to inholdings in the Area. Livestock grazing already established in the Area, including grazing under the Alabama Hills and the George Creek allotments, shall continue. The federal land within the area is withdrawn from: (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 pertaining to mineral and geothermal leasing or mineral materials. Interior may make grants to, or enter into cooperative agreements with, state, tribal, and local governmental and private entities to conduct research, interpretation, or public education or to carry out any other initiative related to the restoration, conservation, or management of the Area. The management plan shall establish plans for maintenance of public utility and other rights of way within the Area. Interior shall develop a comprehensive plan for the long-term management of the Area. In developing this plan, Interior shall: consult with appropriate state, tribal, and local governmental entities, including Inyo County and the Lone Pine Paiute-Shoshone Tribe. And seek input from investor-owned utilities , the Alabama Hills Stewardship Group, members of the public, and the Los Angeles Department of Water and Power. In developing the management plan, Interior shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. Interior shall take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute-Shoshone Tribe, which shall be considered part of the Tribe's reservation, excluding a specified right-of-way granted to the City of Los Angeles. Gaming shall not be allowed on such trust land. The bill transfers administrative jurisdiction of approximately 56 acres of specified federal land from the US Forest Service to the BLM. Valid, existing, commercial permits for guided recreational opportunities for the public may continue. No additional funds are authorized to carry out the requirements of this bill, which shall be carried out using amounts otherwise authorized.","title":"Alabama Hills National Scenic Area Establishment Act","text_len":16632,"sum_len":3162} {"bill_id":"110_s2971","text":"SECTION 1. HIGHWAY FUEL TAX SUSPENSION.\n\n (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and \nDiesel Fuel.--\n (1) In general.--Section 4081 of the Internal Revenue Code \n of 1986 (relating to imposition of tax on gasoline, diesel \n fuel, and kerosene) is amended by adding at the end the \n following new subsection:\n ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.--\n ``(1) In general.--During the applicable period, each rate \n of tax referred to in paragraph (2) shall be reduced to zero \n cents per gallon.\n ``(2) Rates of tax.--The rates of tax referred to in this \n paragraph are--\n ``(A) the rate of tax otherwise applicable to \n gasoline under clause (i) of subsection (a)(2)(A), \n determined with regard to subsection (a)(2)(B),\n ``(B) the rate of tax otherwise applicable to \n diesel fuel under clause (iii) of subsection (a)(2)(A), \n determined with regard to subsection (a)(2)(B), and\n ``(C) the rate of tax otherwise applicable to \n diesel fuel under paragraph (1) of section 4041(a) with \n respect to fuel sold for use or used in a diesel-\n powered highway vehicle.\n ``(3) Applicable period.--For purposes of this subsection, \n the term `applicable period' means the period beginning on May \n 26, 2008, and ending on September 1, 2008.\n ``(4) Maintenance of trust fund deposits.--In determining \n the amounts to be appropriated to the Highway Trust Fund under \n section 9503 and to the Leaking Underground Storage Tank Trust \n Fund under 9508, an amount equal to the reduction in revenues \n to the Treasury by reason of this subsection shall be treated \n as taxes received in the Treasury under this section or section \n 4041.''.\n (2) Effective date.--The amendment made by this subsection \n shall take effect on the date of the enactment of this Act.\n (b) Floor Stock Refunds.--\n (1) In general.--If--\n (A) before the tax suspension date, a tax referred \n to in section 4081(f)(2) of the Internal Revenue Code \n of 1986 has been imposed under such Code on any liquid, \n and\n (B) on such date such liquid is held by a dealer \n and has not been used and is intended for sale,\n there shall be credited or refunded (without interest) to the \n person who paid such tax (hereafter in this subsection referred \n to as the ``taxpayer''), against the taxpayer's subsequent \n semi-monthly deposit of such tax, an amount equal to the excess \n of the tax paid by the taxpayer over the amount of such tax \n which would be imposed on such liquid had the taxable event \n occurred on the tax suspension date.\n (2) Time for filing claims; certifications necessary to \n file claims.--\n (A) In general.--No credit or refund shall be \n allowed or made under this subsection--\n (i) unless claim therefore is filed with \n the Secretary before the date which is 6 months \n after the tax suspension date, and\n (ii) in any case where liquid is held by a \n dealer (other than the taxpayer) on the tax \n suspension date, unless the taxpayer files with \n the Secretary--\n (I) a certification that the \n taxpayer has given a credit to such \n dealer with respect to such liquid \n against the dealer's first purchase of \n liquid from the taxpayer subsequent to \n the tax suspension date, and\n (II) a certification by such dealer \n that such dealer has given a credit to \n a succeeding dealer (if any) with \n respect to such liquid against the \n succeeding dealer's first purchase of \n liquid from such dealer subsequent to \n the tax suspension date.\n (B) Reasonableness of claims certified.--Any \n certification made under subparagraph (A) shall include \n an additional certification that the claim for credit \n was reasonably based on the taxpayer's or dealer's past \n business relationship with the succeeding dealer.\n (3) Definitions.--For purposes of this subsection--\n (A) the terms ``dealer'' and ``held by a dealer'' \n have the respective meanings given to such terms by \n section 6412 of such Code; except that the term \n ``dealer'' includes a producer, and\n (B) the term ``tax suspension date'' means May 26, \n 2008.\n (4) Certain rules to apply.--Rules similar to the rules of \n subsections (b) and (c) of section 6412 of such Code shall \n apply for purposes of this subsection.\n (c) Floor Stocks Tax.--\n (1) Imposition of tax.--In the case of any liquid on which \n tax would have been imposed under section 4081 of the Internal \n Revenue Code of 1986 during the applicable period but for the \n amendment made by subsection (a), and which is held on the \n floor stocks tax date by any person, there is hereby imposed a \n floor stocks tax in an amount equal to the tax which would be \n imposed on such liquid had the taxable event occurred on the \n floor stocks tax date.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding a liquid \n on the floor stocks tax date to which the tax imposed \n by paragraph (1) applies shall be liable for such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before the date which is 6 \n months after the floor stocks tax date.\n (3) Definitions.--For purposes of this subsection--\n (A) Held by a person.--A liquid shall be considered \n as ``held by a person'' if title thereto has passed to \n such person (whether or not delivery to the person has \n been made).\n (B) Gasoline and diesel fuel.--The terms \n ``gasoline'' and ``diesel fuel'' have the respective \n meanings given such terms by section 4083 of such Code.\n (C) Floor stocks tax date.--The term ``floor stocks \n tax date'' means September 2, 2008.\n (D) Applicable period.--The term ``applicable \n period'' means the period described in section \n 4081(f)(3) of such Code.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to gasoline or diesel fuel held \n by any person exclusively for any use to the extent a credit or \n refund of the tax imposed by section 4081 of such Code is \n allowable for such use.\n (5) Exception for fuel held in vehicle tank.--No tax shall \n be imposed by paragraph (1) on gasoline or diesel fuel held in \n the tank of a motor vehicle.\n (6) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1)--\n (i) on gasoline (other than aviation \n gasoline) held on the floor stocks tax date by \n any person if the aggregate amount of gasoline \n held by such person on such date does not \n exceed 4,000 gallons, and\n (ii) on diesel fuel held on such date by \n any person if the aggregate amount of diesel \n fuel held by such person on such date does not \n exceed 2,000 gallons.\n The preceding sentence shall apply only if such person \n submits to the Secretary (at the time and in the manner \n required by the Secretary) such information as the \n Secretary shall require for purposes of this \n subparagraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account fuel held by any \n person which is exempt from the tax imposed by \n paragraph (1) by reason of paragraph (4) or (5).\n (C) Controlled groups.--For purposes of this \n paragraph--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of clause (i) shall apply to a group of persons \n under common control where 1 or more of such \n persons is not a corporation.\n (7) Other law applicable.--All provisions of law, including \n penalties, applicable with respect to the taxes imposed by \n section 4081 of such Code shall, insofar as applicable and not \n inconsistent with the provisions of this paragraph, apply with \n respect to the floor stock taxes imposed by paragraph (1) to \n the same extent as if such taxes were imposed by such section \n 4081.\n (d) Secretary.--For purposes of this section, the term \n``Secretary'' means the Secretary of the Treasury or the Secretary's \ndelegate.\n (e) Passthrough to Consumers.--\n (1) Sense of congress.--It is the senses of Congress that--\n (A) consumers immediately receive the benefit of \n the reduction in taxes resulting from the amendment \n made by subsection (a), and\n (B) transportation motor fuels producers and other \n dealers take such actions as necessary to reduce \n transportation motor fuels prices to reflect such \n reduction, including immediate credits to customer \n accounts representing tax refunds allowed as credits \n against excise tax deposit payments under the floor \n stocks refund provisions of subsection (b).\n (2) Study and enforcement.--The Federal Trade Commission \n and the Commodities Futures Trading Commission shall use all \n applicable authorities to monitor oil, diesel, and gasoline \n markets to ensure that the benefit of the reduction in taxes \n resulting from the amendment made by subsection (a) is received \n by consumers.\n\nSEC. 2. TEMPORARY OIL PROFIT FEE.\n\n (a) In General.--Subtitle E of the Internal Revenue Code of 1986 \n(relating to alcohol, tobacco, and certain other excise taxes) is \namended by adding at the end thereof the following new chapter:\n\n ``CHAPTER 56--TEMPORARY FEE ON EXCESS OIL PROFIT\n\n``Sec. 5896. Imposition of fee.\n``Sec. 5897. Excess profit; etc.\n``Sec. 5898. Special rules and definitions.\n\n``SEC. 5896. IMPOSITION OF FEE.\n\n ``(a) In General.--In addition to any other tax imposed under this \ntitle, there is hereby imposed on any applicable taxpayer an excise fee \nin an amount equal to 50 percent of the excess profit of such taxpayer \nfor any taxable year beginning during 2008.\n ``(b) Applicable Taxpayer.--For purposes of this chapter, the term \n`applicable taxpayer' means, with respect to operations in the United \nStates--\n ``(1) any integrated oil company (as defined in section \n 291(b)(4)), and\n ``(2) any other producer or refiner of crude oil with gross \n receipts from the sale of such crude oil or refined oil \n products for the taxable year exceeding $1,000,000,000.\n\n``SEC. 5897. EXCESS PROFIT; ETC.\n\n ``(a) General Rule.--For purposes of this chapter, the term `excess \nprofit' means the excess of the adjusted taxable income of the \napplicable taxpayer for the taxable year over the reasonably inflated \naverage profit for such taxable year.\n ``(b) Adjusted Taxable Income.--For purposes of this chapter, with \nrespect to any applicable taxpayer, the adjusted taxable income for any \ntaxable year is equal to the taxable income for such taxable year \n(within the meaning of section 63 and determined without regard to this \nsubsection) increased by any interest expense deduction, charitable \ncontribution deduction, and any net operating loss deduction carried \nforward from any prior taxable year. In the case of any applicable \ntaxpayer which is a foreign corporation, the adjusted taxable income \nshall be determined with respect to such income which is effectively \nconnected with the conduct of a trade or business in the United States.\n ``(c) Reasonably Inflated Average Profit.--For purposes of this \nchapter, with respect to any applicable taxpayer, the reasonably \ninflated average profit for any taxable year is an amount equal to the \naverage of the adjusted taxable income of such taxpayer for taxable \nyears beginning during the 2000-2004 taxable year period (determined \nwithout regard to the taxable year with the highest adjusted taxable \nincome in such period) plus 10 percent of such average.\n\n``SEC. 5898. SPECIAL RULES AND DEFINITIONS.\n\n ``(a) Withholding and Deposit of Fee.--The Secretary shall provide \nsuch rules as are necessary for the withholding and deposit of the fee \nimposed under section 5896.\n ``(b) Records and Information.--Each taxpayer liable for tax under \nsection 5896 shall keep such records, make such returns, and furnish \nsuch information as the Secretary may by regulations prescribe.\n ``(c) Return of Fee.--The Secretary shall provide for the filing \nand the time of such filing of the return of the fee imposed under \nsection 5896.\n ``(d) Crude Oil.--The term `crude oil' includes crude oil \ncondensates and natural gasoline.\n ``(e) Businesses Under Common Control.--For purposes of this \nchapter, all members of the same controlled group of corporations \n(within the meaning of section 267(f)) and all persons under common \ncontrol (within the meaning of section 52(b) but determined by treating \nan interest of more than 50 percent as a controlling interest) shall be \ntreated as 1 person.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nchapter.''.\n (b) Clerical Amendment.--The table of chapters for subtitle E of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing new item:\n\n ``Chapter 56--Temporary Fee on Excess Oil Profit''.\n\n (c) Deductibility of Fee.--The first sentence of section 164(a) of \nthe Internal Revenue Code of 1986 (relating to deduction for taxes) is \namended by inserting after paragraph (5) the following new paragraph:\n ``(6) The fee imposed by section 5896.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning in 2008.\n\nSEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM \n RESERVE.\n\n (a) In General.--Except as provided in subsection (b) and \nnotwithstanding any other provision of law, during the period beginning \non the date of enactment of this Act and ending on December 31, 2008, \nthe Secretary of Energy shall suspend acquisition of petroleum for the \nStrategic Petroleum Reserve through the royalty-in-kind program or any \nother acquisition method.\n (b) Resumption.--The Secretary of Energy may resume acquisition of \npetroleum for the Strategic Petroleum Reserve through the royalty-in-\nkind program or any other acquisition method under subsection (a) not \nearlier than 30 days after the date on which the Secretary notifies \nCongress that the Secretary has determined that the weighted average \nprice of petroleum in the United States for the most recent 90-day \nperiod is $75 or less per barrel.\n\nSEC. 4. PRICE GOUGING AND MARKET MANIPULATION.\n\n The Federal Trade Commission and the Commodities Futures Trading \nCommission shall use all applicable authorities to monitor oil, diesel, \nand gasoline markets to prevent price gouging and market manipulation \nin such markets.","summary":"Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the sense of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from the suspension of gasoline excise taxes. And (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes. Directs the Federal Trade Commission (FTC) and the Commodity Futures Trading Commission (CFTC) to monitor oil, diesel, and gasoline markets to: (1) ensure that consumers receive the benefit resulting from the suspension of taxes. And (2) prevent price gouging and market manipulation. Imposes in taxable years beginning in 2008 an excise fee of 50 of the excess profit of integrated oil companies and other producers or refiners of crude oil with gross receipts exceeding $1 billion. Defines excess profit for purposes of this Act. Directs the Secretary of Energy to suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method until December 31, 2008. Permits an earlier resumption of petroleum acquisition for periods when the weighted average price of petroleum is $75 or less per barrel.","title":"A bill to amend the Internal Revenue Code of 1986 to provide for a suspension of the highway fuel tax, and for other purposes.","text_len":18037,"sum_len":1452} {"bill_id":"114_s1458","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting Transparent Regulatory \nand Environmental Actions in Mining Act of 2015'' or the ``STREAM Act \nof 2015''.\n\nSEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED \n ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL \n ASSESSMENTS, AND ECONOMIC ASSESSMENTS.\n\n (a) In General.--Title V of the Surface Mining Control and \nReclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding \nat the end the following:\n\n``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED \n ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL \n ASSESSMENTS, AND ECONOMIC ASSESSMENTS.\n\n ``(a) Definitions.--In this section:\n ``(1) Agency action.--The term `agency action' has the \n meaning given the term in section 551 of title 5, United States \n Code.\n ``(2) Background information.--The term `background \n information' means--\n ``(A) a biographical document, including a \n curriculum vitae or resume, that details the \n exhaustive, professional work history, education, and \n any professional memberships of a person; and\n ``(B) the amount and date of any Federal grants or \n contracts received by that person.\n ``(3) Economic assessment.--The term `economic assessment' \n means any assessment prepared by a Federal agency in accordance \n with section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 \n note; relating to regulatory planning and review).\n ``(4) Environmental assessment.--The term `environmental \n assessment' has the meaning given the term in section 1508.9 of \n title 40, Code of Federal Regulations.\n ``(5) Environmental impact statement.--The term \n `environmental impact statement' means any environmental impact \n statement or similar analysis required under the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n ``(6) Publicly available.--The term `publicly available' \n means published online on--\n ``(A) a publicly accessible website that allows the \n submission of comments on proposed regulations and \n related documents published by the Federal Government;\n ``(B) a publicly accessible website of the \n Secretary; and\n ``(C) the website of the Federal Register.\n ``(7) Raw data.--The term `raw data' means any \n computational process or quantitative or qualitative data \n processed from a source that is relied upon in a scientific \n product to support a finding or observation.\n ``(8) Relied upon.--The term `relied upon' means explicitly \n cited or referenced in a rule, environmental impact statement, \n environmental assessment, or economic assessment.\n ``(9) Rule.--The term `rule' has the meaning given the term \n in section 551 of title 5, United States Code.\n ``(10) Scientific method.--The term `scientific method' \n means a method of research under which--\n ``(A) a problem is identified;\n ``(B) relevant data are gathered;\n ``(C) a hypothesis is formulated from the data; and\n ``(D) the hypothesis is empirically tested in a \n manner specified by documented protocols and \n procedures.\n ``(11) Scientific product.--The term `scientific product' \n means any product that--\n ``(A) employs the scientific method for \n inventorying, monitoring, experimenting, studying, \n researching, and modeling purposes; and\n ``(B) is relied upon by the Secretary in \n development of any rule, environmental impact \n statement, environmental assessment, or economic \n assessment.\n ``(b) Requirements.--The Secretary shall--\n ``(1) make publicly available on the date of the \n publication of any draft, final, emergency, or supplemental \n rule under this Act, or any related environmental impact \n statement, environmental assessment, or economic assessment, \n each scientific product the Secretary relied upon in developing \n the rule, environmental impact statement, environmental \n assessment, or economic assessment; and\n ``(2) for those scientific products receiving Federal \n funds, also make publicly available--\n ``(A) the raw data used for the federally funded \n scientific product; and\n ``(B) background information of the authors of the \n scientific study.\n ``(c) Compliance.--\n ``(1) In general.--Subject to paragraph (2), failure to \n comply with the publication requirements of subsection (b)--\n ``(A) with respect to draft or supplemental rules, \n environmental impact statements, environmental \n assessments, or economic assessments shall extend by 1 \n day the notice and comment period for each day of \n noncompliance; or\n ``(B) with respect to final or emergency rules, \n shall delay the effective date of the final rule by 60 \n days plus an additional day for each day of \n noncompliance.\n ``(2) Withdrawal.--If the Secretary fails to comply with \n the publication requirements of subsection (b) for more than \n 180 days after the date of publication of any rule, or any \n related environmental impact statement, environmental \n assessment, or economic assessment, under this Act, the \n Secretary shall withdraw the rule, environmental impact \n statement, environmental assessment, or economic assessment.''.\n (b) Conforming Amendment.--The table of contents for the Surface \nMining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is \namended by inserting after the item relating to section 529 the \nfollowing:\n\n``Sec. 530. Publication of scientific products for rules and related \n environmental impact statements, \n environmental assessments, and economic \n assessments.''.\n\nSEC. 3. COMPLIANCE WITH OTHER FEDERAL LAWS.\n\n Section 702 of the Surface Mining Control and Reclamation Act of \n1977 (30 U.S.C. 1292) is amended--\n (1) by redesignating subsections (c) and (d) as subsection \n (e) and (f), respectively; and\n (2) by inserting after subsection (b) the following:\n ``(c) Compliance With Other Federal Laws.--Nothing in this Act \nauthorizes the Secretary to take any action by rule, interpretive rule, \npolicy, regulation, notice, or order that duplicates any action taken \nunder an Act referred to in subsection (a) (including regulations and \nrules).\n ``(d) Deference to Implementing Agencies and State Authorities.--In \ncarrying out this Act (including rules, interpretive rules, policies, \nregulations, notices, or orders), the Secretary--\n ``(1) shall defer to the determinations of an agency or \n State authority implementing an Act referred to in subsection \n (a) with respect to any agency action under the jurisdiction of \n the agency or State authority, as applicable; and\n ``(2) shall not make any determination regarding any agency \n action subject to an Act referred to in subsection (a).''.","summary":"Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015 or the STREAM Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available the scientific products used in developing a rule under the Act or any related environmental impact statement, environmental assessment, or economic assessment when the rule or assessment is published. If those scientific products received federal funds, Interior must also make publicly available the data used and the background information of its authors. If Interior does not comply, the notice and comment period for the rules and assessments will be extended by specified periods. A rule or an assessment must be withdrawn if Interior fails to comply for more than 180 days. In carrying out the Act, Interior: (1) may not make any determination regarding certain agency action subject to specified mining and environmental Acts, and (2) shall defer to the determinations of an agency or state authority implementing those Acts with respect to any agency action under the jurisdiction of that agency or state.","title":"STREAM Act of 2015","text_len":7824,"sum_len":1162} {"bill_id":"111_s3004","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Citizens Right to Know Act of \n2010''.\n\nSEC. 2. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS.\n\n The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is \namended by inserting after section 17B the following:\n\n``SEC. 17C. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING \n COMMUNICATIONS.\n\n ``(a) Disclosures to Shareholders.--Each issuer, the securities of \nwhich are registered under section 12, or that is subject to the \nreporting requirements of section 13(a) or 15(d), that makes or \nparticipates in an electioneering communication shall disclose such \nactivity, in writing, to each shareholder of the issuer.\n ``(b) Definition.--As used in this section, the term \n`electioneering communication' has the same meaning as in section \n304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. \n434(f)(3)(A)).''.\n\nSEC. 3. PRIOR SHAREHOLDER APPROVAL OF ELECTIONEERING COMMUNICATIONS.\n\n Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) \nis amended by adding at the end the following new subsection:\n ``(i) Limitations on Electioneering Communications.--\n ``(1) Prohibition on foreign-owned issuers.--\n Notwithstanding any other provision of law, no issuer may make \n or participate in any electioneering communication if 51 \n percent or more of the outstanding securities of such issuer \n are owned or controlled by any foreign principal or agent of a \n foreign principal.\n ``(2) Prior shareholder approval required.--Before an \n issuer makes or participates in any electioneering \n communication, as defined in section 304(f)(3)(A) of the \n Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)), \n the issuer shall obtain prior approval, by majority vote of all \n shareholders, for any such activity. Such vote shall be taken \n with each shareholder entitled to one vote per share of common \n stock held, regardless of any per-share voting rights of an \n outstanding class or classes of common stock under any other \n agreement or provision to the contrary.\n ``(3) Definitions.--As used in this subsection--\n ``(A) the term `electioneering communication' has \n the same meaning as in section 304(f)(3)(A) of the \n Federal Election Campaign Act of 1971 (2 U.S.C. \n 434(f)(3)(A));\n ``(B) the terms `foreign principal' and `agent of a \n foreign principal' have the same meanings as in section \n 611 of the Foreign Agents Registration Act of 1938 (11 \n U.S.C. 611); and\n ``(C) the term `issuer' means only those issuers, \n the securities of which are registered under section \n 12, or that are subject to the reporting requirements \n of section 13(a) or 15(d).''.\n\nSEC. 4. STAND BY YOUR AD REQUIREMENTS.\n\n (a) Rules for Corporations.--Paragraph (2) of section 318(d) of the \nFederal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended--\n (1) by striking ``Any communication'' and inserting the \n following:\n ``(A) In general.--Any communication''; and\n (2) by adding at the end the following new subparagraph:\n ``(B) Special rule for communications by \n corporations.--\n ``(i) In general.--In the case of any \n communication described in subparagraph (A) \n which is paid for by a corporation--\n ``(I) the audio statement required \n under this paragraph shall be made by \n the president or chief executive \n officer of such corporation and shall \n identify such individual by name and \n position; and\n ``(II) for purposes of the second \n sentence of subparagraph (A), the view \n of the person making the statement \n shall be a view of such president or \n chief executive officer.\n ``(ii) Joint communications.--In the case \n of any communication described in subparagraph \n (A) which is paid for by more than 1 \n corporation, the president or chief executive \n officer described in clause (i) shall be the \n president or chief executive officer of the \n corporation which pays for the largest portion \n of the communication (or, if paid for equally \n by all such corporations, the president or \n chief executive officer of the corporation with \n the highest gross revenue for the calendar year \n prior to the date on which such communication \n is made).''.\n (b) Rules for Other Entities.--\n (1) In general.--Paragraph (2) of section 318(d) of the \n Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)), as \n amended by subsection (a), is amended by adding at the end the \n following new subparagraph:\n ``(C) Special rules for certain other \n organizations.--In the case of any communication \n described in paragraph (A) which is paid for by an \n organization (other than a corporation), such \n communication shall include, in addition to the other \n requirements of this section, a statement listing the \n name of the 3 persons making the largest aggregate \n contributions to such organization during the 12-month \n period before the date of the communication.''.\n (2) Reporting of contributors on internet.--Section 304 of \n such Act (2 U.S.C. 434) is amended by adding at the end the \n following new subsection:\n ``(j) Internet Disclosure of Contributors for Certain Radio and \nTelevision Ads.--In addition to any reports required to be filed with \nthe Commission under this section, any organization (other than a \ncorporation) which makes a communication to which section 318(d)(2)(C) \napplies shall make available on the Internet, by means of a direct link \nfrom the home page of such organization, the following information:\n ``(1) In the case of any such communication made by a \n political committee, the information required under subsection \n (b)(3).\n ``(2) In the case of any communication which is an \n independent expenditure and which is made by a person other \n than a political committee, the information required under \n subsection (c)(2)(C).\n ``(3) In the case of any communication which is an \n electioneering communication and which is made by a person \n other than a political committee, the information required \n under subsection (f)(2)(F).''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to communications made after the date of the \nenactment of this Act, without regard to whether or not the Federal \nElection Commission has promulgated regulations to carry out such \namendments.","summary":"Citizens Right to Know Act of 2010 - Amends the Securities Exchange Act of 1934 to require issuers of securities to disclose to their shareholders electioneering communications they have made or in which they have participated. Prohibits an issuer from making or participating in any electioneering communication if 51 or more of its outstanding securities are owned or controlled by a foreign principal or agent of a foreign principal. Requires an issuer to obtain prior approval by majority vote of all shareholders before making or participating in any electioneering communication. Amends the Federal Election Campaign Act of 1971 to require that: (1) audio and television communications be made by the president or chief executive officer of the corporation paying for such communications. And (2) they identify the individual by name and position. Requires a communication paid for by an organization other than a corporation to include a statement listing the names of the three persons making the largest aggregate contributions to the organization during the 12-month period before the date of the communication. Sets forth Internet disclosure requirements for contributors to certain radio and television ads that are electioneering communications.","title":"A bill to require notification to and prior approval by shareholders of certain political expenditures by publicly traded companies, and for other purposes.","text_len":7722,"sum_len":1258} {"bill_id":"105_hr2533","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Central American Deportation Relief \nAct''.\n\nSEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO \n SUSPENSION OF DEPORTATION.\n\n (a) In General.--Section 309(c)(5) of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (Public Law 104-208; \ndivision C; 110 Stat. 3009-627)) is amended to read as follows:\n ``(5) Transitional rules with regard to suspension of \n deportation.--\n ``(A) Calculation of period of continuous physical \n presence.--Paragraphs (1) and (2) of section 240A(d) of \n the Immigration and Nationality Act (relating to \n continuous residence or physical presence) shall apply \n to notices to appear, or orders to show cause (referred \n to in section 242B(a)(1) of the Immigration and \n Nationality Act, as in effect before the title III-A \n effective date), issued before, on, or after the date \n of the enactment of this Act.\n ``(B) Exception for certain orders.--In any case in \n which the Attorney General elects to terminate and \n reinitiate proceedings in accordance with paragraph (3) \n of this section, paragraphs (1) and (2) of section \n 240A(d) of the Immigration and Nationality Act shall \n not apply to an order to show cause issued before April \n 1, 1997.\n ``(C) Special rule for certain aliens granted \n temporary protection from deportation.--\n ``(i) In general.--For purposes of \n calculating the period of continuous physical \n presence under section 244(a) of the \n Immigration and Nationality Act (as in effect \n before the title III-A effective date) or \n section 240A of such Act (as in effect after \n the title III-A effective date), such period is \n deemed to terminate on April 1, 1997, in the \n case of an alien who demonstrates that the \n alien has not been convicted at any time of an \n aggravated felony (as defined in section 101(a) \n of the Immigration and Nationality Act); has \n not been apprehended while attempting to enter \n the United States unlawfully after December 12, \n 1990; and is--\n ``(I) a Salvadoran national who \n first entered the United States on or \n before September 19, 1990; who \n registered for benefits pursuant to the \n settlement agreement in American \n Baptist Churches, et al. v. Thornburgh \n (ABC), 760 F. Supp. 796 (N.D. Cal. \n 1991) on or before October 31, 1991, or \n applied for temporary protected status \n on or before October 31, 1991; and who \n applied for asylum under section 208 of \n the Immigration and Nationality Act on \n or before February 16, 1996;\n ``(II) a Guatemalan national who \n first entered the United States on or \n before October 1, 1990; who registered \n for benefits pursuant to such \n settlement agreement on or before \n December 31, 1991; and who applied for \n asylum under section 208 of the \n Immigration and Nationality Act on or \n before January 3, 1995; or\n ``(III) a Nicaraguan national who \n first entered the United States on or \n before April 1, 1990.\n ``(ii) Motions to reopen deportation \n proceedings.--Any alien found ineligible for \n suspension of deportation prior to July 10, \n 1997, solely on the basis of this paragraph (as \n in effect prior to the effective date of the \n Central American Deportation Relief Act), and \n who claims eligibility for suspension of \n deportation as a result of the amendments made \n by section 101 of such Act, may, \n notwithstanding any other limitations imposed \n by law on motions to reopen, file one motion to \n reopen deportation proceedings to apply for \n suspension of deportation. The Attorney General \n shall designate a specific time period in which \n all such motions to reopen are required to be \n filed. The period shall begin not later than 60 \n days after the date of the enactment of the \n Central American Deportation Relief Act and \n shall extend for a period not to exceed 180 \n days.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (Public Law 104-208; \n110 Stat. 3009-546).\n\nSEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF \n DEPORTATION.\n\n (a) In General.--Section 309(c) of the Illegal Immigration Reform \nand Immigrant Responsibility Act of 1996 (Public Law 104-208; division \nC; 110 Stat. 3009-625)), as amended by section 1, is further amended by \nadding at the end the following:\n ``(8) Transitional rule with regard to suspension of \n deportation hardship standard.--\n ``(A) In general.--Except as provided in \n subparagraph (B) and notwithstanding paragraphs (1) and \n (2) of section 244(a) of the Immigration and \n Nationality Act (as in effect before the title III-A \n effective date), section 240A(b)(1)(D) of the \n Immigration and Nationality Act shall apply to an \n alien--\n ``(i) whose application for suspension of \n deportation was filed in deportation \n proceedings that were commenced before the \n title III-A effective date; and\n ``(ii) on which application no final \n administrative action was taken prior to the \n date of the enactment of the Central American \n Deportation Relief Act.\n ``(B) Exception.--Subparagraph (A) shall not apply \n to any alien described in paragraph (5)(C)(i).''.\n (b) Effective Date.--The amendment made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND \n SUSPENSIONS OF DEPORTATION.\n\n (a) Annual limitation.--Section 240A(e) of the Immigration and \nNationality Act (8 U.S.C. 1229b(e)) is amended to read as follows:\n ``(e) Annual Limitation.--\n ``(1) Aggregate limitation.--Subject to paragraphs (2) and \n (3), the Attorney General may not cancel the removal and adjust \n the status under this section, nor suspend the deportation and \n adjust the status under section 244(a) (as in effect before the \n enactment of the Illegal Immigration Reform and Immigrant \n Responsibility Act of 1996), of a total of more than 4,000 \n aliens in any fiscal year. The previous sentence shall apply \n regardless of when an alien applied for such cancellation and \n adjustment, or such suspension and adjustment, and whether such \n an alien had previously applied for suspension of deportation \n under such section 244(a). The numerical limitation under this \n paragraph shall apply to the aggregate number of decisions in \n any fiscal year to cancel the removal (and adjust the status) \n of an alien, or suspend the deportation (and adjust the status) \n of an alien, under this section or such section 244(a).\n ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph \n (1) shall only apply to decisions to cancel the removal of an \n alien, or suspend the deportation of an alien, made after April \n 1, 1997.\n ``(3) Offset for decisions in excess of aggregate \n limitation.--In fiscal year 1998 and subsequent fiscal years, \n and with respect only to aliens described in section \n 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant \n Responsibility Act of 1996 (as amended by the Central American \n Deportation Relief Act), the Attorney General may elect to \n exceed the aggregate numerical limitation under paragraph (1) \n by a number not greater than 10,000. For each such alien \n granted cancellation of removal or suspension of deportation in \n excess of 4,000 in such a fiscal year, the Attorney General \n shall reduce by 1, during the next following fiscal year, the \n total number of immigrant visas that are made available under \n section 203(b)(3)(A)(iii).''.\n (b) Cancellation of Removal and Adjustment of Status for Certain \nNonpermanent Residents.--Section 240A(b) of the Immigration and \nNationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs \n(1) and (2) by striking ``may cancel removal in the case of an alien'' \nand inserting ``may cancel removal of, and adjust to the status of an \nalien lawfully admitted for permanent residence, an alien''.\n (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and \nNationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows:\n ``(3) Recordation of date.--With respect to aliens who the \n Attorney General adjusts to the status of an alien lawfully \n admitted for permanent residence under paragraph (1) or (2), \n the Attorney General shall record the alien's lawful admission \n for permanent residence as of the date of the Attorney \n General's cancellation of removal under paragraph (1) or \n (2).''.\n (d) April 1 Effective Date for Aggregate Limitation.--Section \n309(c)(7) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. \n3009-627)) is amended to read as follows:\n ``(7) Limitation on suspension of deportation.--After April \n 1, 1997, the Attorney General may not suspend the deportation \n and adjust the status under section 244 of the Immigration and \n Nationality Act (as in effect before the title III-A effective \n date) of any alien in any fiscal year, except in accordance \n with section 240A(e) of such Act. The previous sentence shall \n apply regardless of when an alien applied for such suspension \n and adjustment.''.\n (e) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996 (Public Law 104-208; \n110 Stat. 3009-546).","summary":"Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings. And (2) the hardship rule. Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection. Authorizes certain aliens to file motions to reopen their deportation proceedings. Revises related annual limitation and offset provisions.","title":"Central American Deportation Relief Act","text_len":12051,"sum_len":586} {"bill_id":"115_s2964","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Seeds for the Future Act''.\n\nSEC. 2. PUBLIC CULTIVAR DEVELOPMENT.\n\n Section 2 of the Competitive, Special, and Facilities Research \nGrant Act (7 U.S.C. 3157) is amended--\n (1) in subsection (a), by adding at the end the following:\n ``(3) Definitions.--In this section:\n ``(A) Conventional breeding.--The term \n `conventional breeding' means the development of new \n varieties of an organism through controlled mating and \n selection without the use of transgenic methods.\n ``(B) Cultivar.--The term `cultivar' means a \n variety of a species of plant that has been \n intentionally selected for use in cultivation because \n of the improved characteristics of that variety of the \n species.\n ``(C) Public cultivar.--The term `public cultivar' \n means a cultivar that is the commercially available \n uniform end product of a publicly funded breeding \n program that has been sufficiently tested to \n demonstrate improved characteristics and stable \n performance.''; and\n (2) by adding at the end the following:\n ``(l) Public Cultivar Development Funding.--\n ``(1) In general.--Of the amount of grants made under \n subsections (b) and (c), the Secretary of Agriculture (referred \n to in this subsection as the `Secretary') shall ensure that not \n less than $50,000,000 for each fiscal year is used for \n competitive research grants that support the development of \n public cultivars.\n ``(2) Priority.--In making grants under paragraph (1), the \n Secretary shall give priority to high-potential research \n projects that lead to the release of public cultivars.\n ``(3) Grants.--The Secretary shall ensure that the terms \n and renewal process for any competitive grants made under \n subsection (b) in accordance with paragraph (1) facilitate the \n development and commercialization of public cultivars through \n long-term grants not less than 5 years in length.\n ``(4) Report.--Not later than October 1 of each year, the \n Secretary shall submit to Congress a report that provides \n information on all public cultivar and breeding research funded \n by the Department of Agriculture, including--\n ``(A) a list of public cultivars and varieties of \n public cultivars developed and released in a \n commercially available form;\n ``(B) areas of high priority research;\n ``(C) identified research gaps relating to public \n cultivar development; and\n ``(D) an assessment of the state of \n commercialization for cultivars that have been \n developed.''.\n\nSEC. 3. PUBLIC CULTIVAR RESEARCH COORDINATION.\n\n (a) In General.--Section 251 of the Department of Agriculture \nReorganization Act of 1994 (7 U.S.C. 6971) is amended--\n (1) in subsection (e), by adding at the end the following:\n ``(6) Public cultivar research activities coordinator.--\n ``(A) In general.--The Under Secretary shall \n appoint a coordinator within the Research, Education, \n and Extension Office that reports to the Under \n Secretary to coordinate research activities at the \n Department relating to the breeding of public cultivars \n (as defined in paragraph (3) of section 2(a) of the \n Competitive, Special, and Facilities Research Grant Act \n (7 U.S.C. 3157(a))).\n ``(B) Duties of coordinator.--The coordinator \n appointed under subparagraph (A) shall--\n ``(i) coordinate plant breeding research \n activities funded by the Department relating to \n the development of public cultivars;\n ``(ii)(I) carry out ongoing analysis and \n track activities for any Federal research \n funding supporting plant breeding (including \n any public cultivars developed with Federal \n funds); and\n ``(II) ensure that the analysis and \n activities are made available to the public not \n later than 60 days after the last day of each \n fiscal year;\n ``(iii) develop a strategic plan that \n establishes targets for public cultivar \n research investments across the Department to \n ensure that a diverse range of crop needs are \n being met in a timely and transparent manner;\n ``(iv) convene a working group in order to \n carry out the coordination functions described \n in this subparagraph comprised of individuals \n who are responsible for the management, \n administration, or analysis of public breeding \n programs within the Department from--\n ``(I) the National Institute of \n Food and Agriculture;\n ``(II) the Agricultural Research \n Service; and\n ``(III) the Economic Research \n Service;\n ``(v) in order to maximize delivery of \n public cultivars, promote collaboration among--\n ``(I) the coordinator;\n ``(II) the working group convened \n under clause (iv);\n ``(III) the advisory council \n established under section 1634 of the \n Food, Agriculture, Conservation, and \n Trade Act of 1990 (7 U.S.C. 5843);\n ``(IV) genetic resource \n conservation centers;\n ``(V) land-grant colleges and \n universities (as defined in section \n 1404 of the National Agricultural \n Research, Extension, and Teaching \n Policy Act of 1977 (7 U.S.C. 3103));\n ``(VI) Hispanic-serving \n institutions (as defined in section \n 502(a) of the Higher Education Act of \n 1965 (20 U.S.C. 1101a(a)));\n ``(VII) Native American-serving \n nontribal institutions (as defined in \n section 371(c) of the Higher Education \n Act of 1965 (20 U.S.C. 1067q(c)));\n ``(VIII) nongovernmental \n organizations with interest or \n expertise in public breeding; and\n ``(IX) public and private plant \n breeders;\n ``(vi) convene regular stakeholder \n listening sessions to provide input on national \n and regional priorities for public cultivar \n breeding research activities across the \n Department; and\n ``(vii) evaluate and make recommendations \n to the Under Secretary on training and resource \n needs to meet future breeding challenges.''; \n and\n (2) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. \n 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''.\n (b) Conforming Amendment.--Section 296(b)(6)(B) of the Department \nof Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is \namended by striking ``Office; and'' and inserting ``Office (including \nthe public cultivar research activities coordinator under subsection \n(e)(6) of that section); and''.","summary":"Seeds for the Future Act This bill amends the Competitive, Special, and Facilities Research Grant Act to require the Department of Agriculture (USDA) to ensure that at least $50 million of USDA grant funding is used each year for competitive research grants that support the development of public cultivars. A cultivar is a variety of plant that has been intentionally selected for use in cultivation because of its improved characteristics. A public cultivar is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. The bill also amends the Department of Agriculture Reorganization Act of 1994 to establish a public cultivar research activities coordinator within USDA to coordinate research activities relating to the breeding of public cultivars.","title":"Seeds for the Future Act","text_len":8773,"sum_len":878} {"bill_id":"109_hr523","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Spending Act of 2005''.\n\nSEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.\n\n (a) Adjustments to Discretionary Spending Limits.--In the matter \nthat precedes subparagraph (A) of section 251(b)(2) of the Balanced \nBudget and Emergency Deficit Control Act of 1985, strike ``through \n2002''.\n (b) Discretionary Spending Limit.--Section 251(c) of the Balanced \nBudget and Emergency Deficit Control Act of 1985 is amended as follows:\n (1) Strike paragraphs (1) through (16) and insert the \n following new paragraphs:\n ``(1) with respect to fiscal year 2006, for the \n discretionary category: $837,196,960,000 in total new budget \n authority of which not less than $434,139,940,000 shall be for \n the defense category and of which not less than $32,180,020,000 \n shall be for homeland security activities outside of the \n defense category and $906,352,000,000 in total outlays of which \n not less than $439,419,000,000 shall be for the defense \n category and of which not less than $30,854,000,000 in total \n outlays shall be for the homeland security category outside of \n the defense category;\n ``(2) with respect to fiscal year 2007, for the \n discretionary category: an amount of new budget authority equal \n to the amount of total new budget authority specified in \n paragraph (1) adjusted to reflect the change in Consumer Price \n Index over the previous 12 months prior to October 1, 2005;\n ``(3) with respect to fiscal year 2008, for the \n discretionary category: an amount of new budget authority equal \n to the amount of total new budget authority provided under \n paragraph (2) adjusted to reflect the change in Consumer Price \n Index over the previous 12 months prior to October 1, 2006;\n ``(4) with respect to fiscal year 2009, for the \n discretionary category: an amount of new budget authority equal \n to the amount of total new budget authority specified in \n paragraph (3) adjusted to reflect the change in Consumer Price \n Index over the previous 12 months prior to October 1, 2007; and\n ``(5) with respect to fiscal year 2010, for the \n discretionary category: an amount of new budget authority equal \n to the amount of total new budget authority specified in \n paragraph (4) adjusted to reflect the change in Consumer Price \n Index over the previous 12 months prior to October 1, 2008;''.\n (c) Adjustments to Discretionary Spending Limits.--\n (1) Section 251(b)(2) of the Balanced Budget and Emergency \n Deficit Control Act of 1985 is amended by striking \n subparagraphs (C) through (H) and by inserting after \n subparagraph (B) the following new subparagraph:\n ``(C) Accrual accounting.--If a bill or joint \n resolution is enacted that charges Federal agencies for \n the full cost of accrued Federal retirement and health \n benefits and a bill or joint resolution making \n appropriations is enacted that provides new budget \n authority to carry out the legislation charging Federal \n agencies for such accrued costs, the adjustment shall \n be equal to the reduction in mandatory budget authority \n and the outlays flowing therefrom estimated to result \n from the legislation charging Federal agencies for such \n accrued costs.''.\n (2) Section 251(b)(2)(A) of the Balanced Budget and \n Emergency Deficit Control Act of 1985 is amended by striking \n the last sentence.\n (d) Definition of Consumer Price Index.--Section 3 of the \nCongressional Budget and Impoundment Control Act of 1974 is amended by \nadding at the end the following new paragraph:\n ``(11) The term `Consumer Price Index' refers to the \n Consumer Price Index for All Urban Consumers (all items; United \n States city average), published by the Bureau of Labor \n Statistics.''.\n\nSEC. 3. EXTENSION OF PAY-AS-YOU-GO.\n\n Section 252 of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended to read as follows:\n\n``SEC. 252. ENFORCING PAY-AS-YOU-GO.\n\n ``(a) Purpose.--The purpose of this section is to assure that any \nlegislation enacted before October 1, 2010, affecting direct spending \nthat increases the deficit will trigger an offsetting sequestration.\n ``(b) Sequestration.--\n ``(1) Timing.--Not later than 15 calendar days after the \n date Congress adjourns to end a session and on the same day as \n a sequestration (if any) under section 251, there shall be a \n sequestration to offset the amount of any net deficit increase \n caused by all direct spending legislation enacted before \n October 1, 2010, as calculated under paragraph (2).\n ``(2) Calculation of deficit increase.--OMB shall calculate \n the amount of deficit increase or decrease by adding--\n ``(A) all OMB estimates for the budget year of \n direct spending legislation transmitted under \n subsection (d);\n ``(B) the estimated amount of savings in direct \n spending programs applicable to budget year resulting \n from the prior year's sequestration under this section \n or, if any, as published in OMB's final sequestration \n report for that prior year; and\n ``(C) any net deficit increase or decrease in the \n current year resulting from all OMB estimates for the \n current year of direct spending legislation transmitted \n under subsection (d) of this section that were not \n reflected in the final OMB sequestration report for the \n current year.\n ``(D) for fiscal year 2005, before making the \n calculations required in subparagraphs (A) through (C), \n OMB shall assume an automatic deficit increase of \n $8,400,000,000.\n ``(c) Eliminating a Deficit Increase.--(1) The amount required to \nbe sequestered in a fiscal year under subsection (b) shall be obtained \nfrom non-exempt direct spending accounts from actions taken in the \nfollowing order:\n ``(A) First.--All reductions in automatic spending \n increases specified in section 256(a) shall be made.\n ``(B) Second.--If additional reductions in direct \n spending accounts are required to be made, the maximum \n reductions permissible under sections 256(b) \n (guaranteed and direct student loans) and 256(c) \n (foster care and adoption assistance) shall be made.\n ``(C) Third.--(i) If additional reductions in \n direct spending accounts are required to be made, each \n remaining non-exempt direct spending account shall be \n reduced by the uniform percentage necessary to make the \n reductions in direct spending required by paragraph \n (1); except that the medicare programs specified in \n section 256(d) shall not be reduced by more than 4 \n percent and the uniform percentage applicable to all \n other direct spending programs under this paragraph \n shall be increased (if necessary) to a level sufficient \n to achieve the required reduction in direct spending.\n ``(ii) For purposes of determining reductions under \n clause (i), outlay reductions (as a result of \n sequestration of Commodity Credit Corporation commodity \n price support contracts in the fiscal year of a \n sequestration) that would occur in the following fiscal \n year shall be credited as outlay reductions in the \n fiscal year of the sequestration.\n ``(2) For purposes of this subsection, accounts shall be \n assumed to be at the level in the baseline for fiscal year 2006 \n and for fiscal years 2007 through 2010 at the baseline after \n adjusting for any sequester in fiscal year 2005.\n ``(d) Estimates.--\n ``(1) CBO estimates.--As soon as practicable after Congress \n completes action on any direct spending, CBO shall provide an \n estimate to OMB of that legislation.\n ``(2) OMB estimates.--Not later than 7 calendar days \n (excluding Saturdays, Sundays, and legal holidays) after the \n date of enactment of any direct spending, OMB shall transmit a \n report to the House of Representatives and to the Senate \n containing--\n ``(A) the CBO estimate of that legislation;\n ``(B) an OMB estimate of that legislation using \n current economic and technical assumptions; and\n ``(C) an explanation of any difference between the \n 2 estimates.\n ``(3) Significant differences.--If during the preparation \n of the report under paragraph (2) OMB determines that there is \n a significant difference between the OMB and CBO estimates, OMB \n shall consult with the Committees on the Budget of the House of \n Representatives and the Senate regarding that difference and \n that consultation, to the extent practicable, shall include \n written communication to such committees that affords such \n committees the opportunity to comment before the issuance of \n that report.\n ``(4) Scope of estimates.--The estimates under this section \n shall include the amount of change in outlays for the current \n year (if applicable), the budget year, and each outyear \n excluding any amounts resulting from--\n ``(A) full funding of, and continuation of, the \n deposit insurance guarantee commitment in effect under \n current estimates; and\n ``(B) emergency provisions as designated under \n subsection (e).\n ``(5) Scorekeeping guidelines.--OMB and CBO, after \n consultation with each other and the Committees on the Budget \n of the House of Representatives and the Senate, shall--\n ``(A) determine common scorekeeping guidelines; and\n ``(B) in conformance with such guidelines, prepare \n estimates under this section.\n ``(e) Emergency Legislation.--If a provision of direct spending \nlegislation is enacted that the President designates as an emergency \nrequirement and that the Congress so designates in statute, the amounts \nof new budget authority, outlays, and receipts in all fiscal years \nresulting from that provision shall be designated as an emergency \nrequirement in the reports required under subsection (d) of this \nsection.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by striking ``2002'' \nand inserting ``2010''.\n (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended by striking ``2002'' and \ninserting ``2010''.\n (b) Expiration.--Section 275(b) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by striking ``2002'' \nand inserting ``2010''.\n\nSEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.\n\n (a) In General.--Section 257(a) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by inserting ``, \nexcept for emergency appropriations covered by section 251(b)(2)(A) and \nemergency legislation covered by section 252(e)'' before the period.\n (b) Direct Spending and Receipts.--Section 257(b)(2) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 is amended by \nadding at the end the following new subparagraph:\n ``(E) Emergency legislation covered by section \n 252(e) shall not be extended in the baseline.''.\n (c) Discretionary Appropriations.--Section 257(c) of the Balanced \nBudget and Emergency Deficit Control Act of 1985 is amended by adding \nat the end the following new paragraph:\n ``(7) Emergency appropriations covered by section \n 251(b)(2)(A) shall not be extended in the baseline.''.\n\nSEC. 6. OMB EMERGENCY CRITERIA.\n\n (a) Definition of Emergency.--Section 3 of the Congressional Budget \nand Impoundment Control Act of 1974 (as amended by section 2(d) is \nfurther amended by adding at the end the following new paragraph:\n ``(12)(A) The term `emergency' means a situation that--\n ``(i) requires new budget authority and outlays (or \n new budget authority and the outlays flowing therefrom) \n for the prevention or mitigation of, or response to, \n loss of life or property, or a threat to national \n security; and\n ``(ii) is unanticipated.\n ``(B) As used in subparagraph (A), the term `unanticipated' \n means that the underlying situation is--\n ``(i) sudden, which means quickly coming into being \n or not building up over time;\n ``(ii) urgent, which means a pressing and \n compelling need requiring immediate action;\n ``(iii) unforeseen, which means not predicted or \n anticipated as an emerging need; and\n ``(iv) temporary, which means not of a permanent \n duration.''.\n (b) Conforming Amendment.--Section 250(c) of the Balanced Budget \nand Emergency Deficit Control Act of 1985 is amended by adding at the \nend the following new paragraph:\n ``(20) The term `emergency' has the meaning given to such \n term in section 3 of the Congressional Budget and Impoundment \n Control Act of 1974.''.\n\nSEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN \n EMERGENCY.\n\n (a) In General.--Title III of the Congressional Budget Act of 1974 \nis amended by adding at the end the following new section:\n\n ``rule respecting designation of legislative provision as an emergency\n\n ``Sec. 316. (a) Guidance.--In making a designation of a provision \nof legislation as an emergency requirement under section 251(b)(2)(A) \nor 252(e) of the Balanced Budget and Emergency Deficit Control Act of \n1985, the committee report and any statement of managers accompanying \nthat legislation shall analyze whether a proposed emergency requirement \nmeets the definition of an `emergency' set out in section 3 of the \nCongressional Budget and Impoundment Control Act of 1974.\n ``(b) In General.--It shall not be in order in the Senate or the \nHouse of Representatives to consider any bill, joint resolution, or \nconference report that contains an emergency designation under section \n251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 unless the proposed emergency requirement meets the \ndefinition of an `emergency' set out in section 3 of the Congressional \nBudget and Impoundment Control Act of 1974.\n ``(c) Waiver and Appeal in the Senate.--This section may be waived \nor suspended in the Senate only by an affirmative vote of three-fifths \nof the Members, duly chosen and sworn. An affirmative vote of three-\nfifths of the Members of the Senate, duly chosen and sworn, shall be \nrequired in the Senate to sustain an appeal of the ruling of the Chair \non a point of order raised under this section.\n ``(d) Enforcement in the House of Representatives.--It shall not be \nin order in the House of Representatives to consider a rule or order \nthat waives the application of subsection (b).\n ``(e) Disposition of Points of Order in the House.--As disposition \nof a point of order under subsection (b) or subsection (d), the Chair \nshall put the question of consideration with respect to the proposition \nthat is the subject of the point of order. A question of consideration \nunder this section shall be debatable for 10 minutes by the Member \ninitiating the point of order and for 10 minutes by an opponent of the \npoint of order, but shall otherwise be decided without intervening \nmotion except one that the House adjourn or that the Committee of the \nWhole rise, as the case may be.\n ``(f) Effect on Amendment in Order as Original Text in the House.--\nThe disposition of the question of consideration under this section \nwith respect to a bill or joint resolution shall be considered also to \ndetermine the question of consideration under this subsection with \nrespect to an amendment made in order as original text.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by inserting after the item relating to section 315 the \nfollowing new item:\n\n``Sec. 316. Rule respecting designation of legislative provision as an \n emergency.''.","summary":"Common Sense Spending Act of 2005 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend discretionary spending limits through FY 2010. Repeals requirements for inclusion in a sequestration report of adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration. (2) specified allowances for the International Monetary Fund and international arrearages, (3) any earned income tax credit compliance initiative, (4) adoption incentive payments. And (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2011 affecting direct spending that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). Requires OMB to assume an automatic deficit increase of $8.4 billion before making such calculations for FY 2005. States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2006 and for FY 2007 through 2010 at the baseline after adjusting for any sequester in FY 2005. Revises the definition of baseline to exclude emergency appropriations and legislation. Prohibits such emergency appropriations from being extended in the baseline. Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets a specified definition of emergency. Prohibits the consideration of any such legislation that does not meet this emergency definition.","title":"To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2010, to extend paygo for direct spending, and for other purposes.","text_len":17499,"sum_len":2092} {"bill_id":"107_hr2435","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cyber Security Information Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1)(A) Many information technology computer systems, \n software programs, and similar facilities are essential to the \n functioning of markets, commerce, consumer products, utilities, \n government, and safety and defense systems, in the United \n States and throughout the world.\n (B) Protecting systems and products against domestic and \n international attacks or misuse through the Internet, public, \n or private telecommunications systems, or similar means is a \n matter of national and global interest.\n (C) Such protection is best accomplished through private \n sector solutions that are market driven and industry led \n because the private sector owns, operates, and has developed \n many of the networks, products, and services that constitute \n the information infrastructure.\n (D) Government should work cooperatively with industry on a \n voluntary basis to achieve such protection and should not \n mandate the private sector use particular technologies, dictate \n standards, or impose undue costs.\n (2) The prompt, voluntary, candid, and thorough, but secure \n and protected, disclosure and exchange of information related \n to the cyber security of entities, systems, and \n infrastructure--\n (A) would greatly enhance the ability of private \n and public entities to improve their cyber security;\n (B) would measurably contribute to avoidance of \n financial risk and loss resulting from disruption or \n harm to critical institutional elements of the United \n States economy, including but not limited to securities \n exchanges, banking and other financial services \n institutions, communications networks, transportation \n systems, manufacturing, information technology, health \n care, government services, and electric utilities and \n energy providers, or from serious damage to public \n confidence in such critical institutional elements; and\n (C) is therefore a vital factor in minimizing any \n potential cyber security-related disruption to the \n Nation's critical infrastructure and the consequences \n for its economic well-being and national security.\n (3) Concern about the potential for legal liability \n associated with the disclosure and exchange of cyber security \n information has impeded and continues to impede the secure \n disclosure and protected exchange of such information.\n (4) The capability to securely disclose and engage in the \n protected exchange of information relating to cyber security, \n solutions, test practices, test results, and risk assessments \n and audits, without undue concern about inappropriate \n disclosure of that information, is critical to the ability of \n private and public entities to address cyber security needs in \n a timely manner.\n (5) The national interest will be served by uniform legal \n standards in connection with the secure disclosure and \n protected exchange of cyber security information that will \n promote appropriate disclosures and exchanges of such \n information in a timely fashion.\n (6) The ``National Plan for Information Systems Protection, \n Version 1.0, An Invitation to a Dialogue'', released by the \n President on January 7, 2000, calls for the Government to \n assist in seeking changes to applicable laws on ``Freedom of \n Information, liability, and antitrust where appropriate'' in \n order to foster industry-wide centers for information sharing \n and analysis.\n (b) Purposes.--Based upon the powers contained in article 1, \nsection 8, clause 3 of the Constitution of the United States, the \npurposes of this Act are--\n (1) to promote the secure disclosure and protected exchange \n of cyber security information;\n (2) to assist private industry and government in responding \n effectively and rapidly to cyber security problems;\n (3) to lessen burdens on interstate commerce by \n establishing certain legal principles in connection with the \n secure disclosure and protected exchange of cyber security \n information; and\n (4) to protect the legitimate users of cyber networks and \n systems, and to protect the privacy and confidentiality of \n shared information.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Antitrust laws.--The term ``antitrust laws''--\n (A) has the meaning given to it in subsection (a) \n of the first section of the Clayton Act (15 U.S.C. \n 12(a)), except that such term includes section 5 of the \n Federal Trade Commission Act (15 U.S.C. 45) to the \n extent such section 5 applies to unfair methods of \n competition; and\n (B) includes any State law with the same intent and \n effect as the laws referred to in subparagraph (A).\n (2) Critical infrastructure.--The term ``critical \n infrastructure'' means facilities or services so vital to the \n nation or its economy that their disruption, incapacity, or \n destruction would have a debilitating impact on the defense, \n security, long-term economic prosperity, or public health or \n safety of the United States.\n (3) Cyber security information.--\n (A) In general.--The term ``cyber security \n information'' means information related to--\n (i) the ability of any protected system, or \n critical infrastructure to resist intentional \n interference, compromise, or incapacitation \n through the misuse of or unauthorized access to \n or use of the Internet, public or private \n telecommunications systems, or other similar \n conduct that violates Federal, State, or \n international law, that harms interstate \n commerce of the United States, or that \n threatens public health or safety;\n (ii) any planned or past assessment, \n projection or estimate concerning a cyber \n security vulnerability of a protected system, \n or critical infrastructure;\n (iii) any planned or past cyber security \n testing, risk assessment, or audit;\n (iv) any planned or past operational \n problems or solutions related to the cyber \n security of any protected system, or critical \n infrastructure; or\n (v) any immediate threats to the cyber \n security of any protected system, or critical \n infrastructure.\n (B) Exclusion.--For the purposes of any action \n brought under the securities laws, as that term is \n defined in section 3(a)(47) of the Securities Exchange \n Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber \n security information'' does not include information or \n statements contained in any documents or materials \n filed with the Securities and Exchange Commission, or \n with Federal banking regulators, pursuant to section \n 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. \n 781(i)), or disclosures or writing that when made \n accompanied the solicitation of an offer or sale of \n securities.\n (4) Protected system.--The term ``protected system'' \n includes but is not limited to any system or process deployed \n in or remotely affecting a critical infrastructure facility \n consisting of one or more of the following: computer, computer \n system, network, or any component hardware or element of the \n foregoing, software program, processing instruction or data in \n storage, irrespective of the storage medium.\n (5) Information sharing organization; iso.--The terms \n ``Information Sharing Organization'' and ``ISO'' mean an \n Information Sharing and Analysis Center (``ISAC'') or any other \n entity created by private sector organizations for the purpose \n of sharing cyber security information among such organizations, \n with or among their individual affiliated members, and with and \n from State, local, and Federal Government agencies.\n\nSEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE \n GOVERNMENT.\n\n (a) In General.--Cyber security information that is voluntarily \nprovided to any Federal entity, agency, or authority shall not be \ndisclosed and must be protected against disclosure.\n (b) Specifics.--This section shall apply to cyber security \ninformation voluntarily provided--\n (1) directly to the government about its own cyber \n security;\n (2) directly to the government about a third party's cyber \n security; or\n (3) to an ISO, which is subsequently provided to the \n government in identifiable form.\n (c) Protections.--Except with the express consent or permission of \nthe provider of cyber security information, any cyber security \ninformation provided pursuant to subsection (b)--\n (1) shall be exempt from disclosure under section 552(a) of \n title 5, United States Code (commonly known as the ``Freedom of \n Information Act''), by any Federal entity, agency, and \n authority;\n (2) shall not be disclosed to any third party except \n pursuant to subsection (e)(3); and\n (3) shall not be used by any Federal or State entity, \n agency, or authority or by any third party, directly or \n indirectly, in any civil action arising under any Federal or \n State law.\n (d) Exemptions.--Any disclosure of cyber security information by \nany private entity, or by any Information Sharing Organization as \ndefined in section 3(5) of this Act, to any official of an agency of \nthe United States in accordance with subsection (b) of this section \nshall not be subject to--\n (1) the requirements of the Federal Advisory Committee Act \n (5 U.S.C. App.) with regard to notice of meetings and \n publication of the record of such disclosure; and\n (2) any agency rules regarding ex parte communications with \n decision making officials.\n (e) Exceptions.--\n (1) Information obtained elsewhere.--Nothing in this \n section shall preclude a Federal or State entity, agency, or \n authority, or any third party, from separately obtaining cyber \n security information through the use of independent legal \n authorities, and using such separately obtained information in \n any action.\n (2) Public disclosure.--A restriction on use or disclosure \n of information under this section shall not apply to any \n information disclosed generally or broadly to the public.\n (3) Third party information.--A Federal entity, agency, or \n authority receiving cyber security information from one private \n entity about another private entity's cyber security shall \n notify and convey that information to the latter upon its \n initial receipt, except that such entity, agency, or authority \n shall not notify the third party if the Government has probable \n cause to believe that such party has conducted, or may be \n conducting economic espionage against United States entities \n within the meaning of the Economic Espionage Act (18 U.S.C. \n 1831 et seq.) or if such entity derives support from any nation \n currently under a trade embargo.\n\nSEC. 5. ANTITRUST EXEMPTION.\n\n (a) Exemption.--Except as provided in subsection (b), the antitrust \nlaws shall not apply to conduct engaged in, including making and \nimplementing an agreement, solely for the purpose of and limited to--\n (1) facilitating the correction or avoidance of a cyber \n security-related problem; or\n (2) communication of or disclosing information to help \n correct or avoid the effects of a cyber security-related \n program.\n (b) Exception to Exemption.--Subsection (a) shall not apply with \nrespect to conduct that involves or results in an agreement to boycott \nany person, to allocate a market, or to fix prices or output.\n\nSEC. 6. CYBER SECURITY WORKING GROUPS.\n\n (a) In General.--\n (1) Working groups.--The President may establish and \n terminate working groups composed of Federal employees who will \n engage outside organizations in discussions to address cyber \n security, to share information related to cyber security, and \n otherwise to serve the purposes of this Act.\n (2) List of groups.--The President shall maintain and make \n available to the public a printed and electronic list of such \n working groups and a point of contact for each, together with \n an address, telephone number, and electronic mail address for \n such point of contact.\n (3) Balance.--The President shall seek to achieve a balance \n of participation and representation among the working groups.\n (4) Meetings.--Each meeting of a working group created \n under this section shall be announced in advance in accordance \n with procedures established by the President.\n (b) Federal Advisory Committee Act.--The Federal Advisory Committee \nAct (5 U.S.C. App.) shall not apply to the working groups established \nunder this section.\n (c) Private Right of Action.--This section creates no private right \nof action to sue for enforcement of any provision of this section.","summary":"Cyber Security Information Act - Prohibits the disclosure of cyber security information that is voluntarily provided to a Federal entity. Provides that any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act, (2) not be disclosed to any third party. And (3) not be used by any Federal or State entity or by any third party in any civil action. Makes the antitrust laws inapplicable to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem. Or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program. Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act.","title":"To encourage the secure disclosure and protected exchange of information about cyber security problems, solutions, test practices and test results, and related matters in connection with critical infrastructure protection.","text_len":14749,"sum_len":1170} {"bill_id":"104_hr2740","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fan Freedom and Community Protection \nAct of 1995''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The name of a professional sports team is always linked \n to the name of the community in which it is located.\n (2) Communities, sports fans, and taxpayers make a \n substantial and valuable financial, psychological, and \n emotional investment in their teams and their teams' names.\n (3) Professional sports teams promote civic pride, and \n generate jobs, revenues, and other local economic development.\n (4) Professional sports teams remain in communities for \n generations and represent much more than a business.\n (5) Current law does not protect the rights of sports fans \n nor the interests of communities when a professional sports \n team decides to relocate.\n (6) Professional sports team owners are positioned to \n extract enormous benefits from communities, and they are taking \n advantage of these opportunities.\n (7) Professional sports teams and leagues have directly \n benefited from Federal legislation, including the following:\n (A) Public law 87-331 (15 U.S.C. 1291 et seq; \n commonly referred to as the Sports Antitrust Broadcast \n Act of 1961).\n (B) Public law 89-800 (80 Stat. 1508; commonly \n referred to as the Football Merger Act of 1966).\n (C) Public law 93-107 (87 Stat. 350; relating to a \n prohibition of local television blackouts of network \n games which were sold out 72 hours in advance).\n (D) Federal tax laws that allow depreciation of \n player contracts, capital gains, carryover losses, and \n the formation of Subchapter S corporations.\n (8) The Court of Appeals for the Ninth Circuit ruled in Los \n Angeles Memorial Coliseum Commission v. National Football \n League (726 F.2d 1381 (9th cir. 1984); commonly referred to as \n Raiders I), Los Angeles Memorial Coliseum Commission v. \n National Football League (791 F.2d. 1356 (9th cir. 1986); \n commonly referred to as Raiders II), and National Basketball \n Association v. SDC Basketball Club, Inc. (815 F.2d 562 (9th \n cir. 1987); commonly referred to as Clippers) that a league has \n the authority to prevent a professional sports team from \n relocating from one community to another community.\n\nSEC. 3. TEAM NAME.\n\n (a) Conditions on Approval of Relocation.--In a case in which a \nleague approves the relocation of a professional sports team from a \ncommunity described in subsection (b)--\n (1) the registered mark that is used to identify the \n professional sports team becomes the property of the league;\n (2) the league shall reserve the registered mark and any \n portion of the registered mark for use only by the community \n from which the team is relocating until the earlier of--\n (A) the expiration of the registered mark; or\n (B) the date on which the community informs the \n league that a professional sports team will not be \n using the registered mark; and\n (3) the registered mark or any portion of the registered \n mark may not be used by another professional sports team in the \n same league.\n (b) Communities Covered.--A community referred to in subsection (a) \nis a community in which a professional sports team has been located for \na period of at least 10 years.\n\nSEC. 4. NOTICE OF PROPOSED RELOCATION OF A PROFESSIONAL SPORTS TEAM.\n\n (a) Requirement.--A professional sports team owner seeking to \nrelocate the team from one community to another shall provide notice of \nthe proposed relocation to the parties listed in subsection (b) not \nlater than 180 days before the commencement of the season in which the \nprofessional sports team is to play in the new community.\n (b) Parties.--The notice required under subsection (a) shall be \nprovided to--\n (1) the local government for the community in which the \n professional sports team's stadium or arena is located;\n (2) the owner or operator of such stadium or arena; and\n (3) each professional sports team that is a member of the \n league for the professional sport concerned.\n (c) Additional Requirements.--The notice required under subsection \n(a) shall--\n (1) be delivered in person or by certified mail;\n (2) be published in one or more newspapers of general \n circulation within the community in which the professional \n sports team is located; and\n (3) contain an identification of the proposed new location \n for the professional sports team, a summary of the reasons for \n moving the professional sports team based on the factors listed \n in section 7, and the date on which the proposed change is \n scheduled to become effective.\n\nSEC. 5. REQUIREMENT TO MAKE EXPANSION TEAMS AVAILABLE TO COMMUNITIES \n UPON THE FULFILLMENT OF CERTAIN CONDITIONS.\n\n (a) League Requirement to Grant Franchise.--Not later than 12 \nmonths after the submission of the name of an investor under subsection \n(b) to a league, the league shall grant to the investor a new expansion \nprofessional sports team franchise from the league at a fee in an \namount no greater than an amount equal to 85 percent of the franchise \nfee charged by the league for the last expansion professional sports \nteam franchise granted by the league.\n (b) Three-Year Opportunity for Investment.--The requirement of \nsubsection (a) applies to a league in any case in which--\n (1) the league approves, on or after January 1, 1993, the \n relocation of a professional sports team from one community to \n another;\n (2) not later than three years after such relocation, the \n community in which the team was previously located submits to \n the league the name of an investor to be granted a new \n professional sports team franchise in such community by the \n league; and\n (3) the investor demonstrates that he is financially able \n to purchase and support a team by placing the amount described \n under subsection (a), in addition to an amount equal to the \n sale price of the last professional sports team sale approved \n by the league, in an escrow account.\n (c) Ten-Year Relocation Prohibition.--In the case of a grant of a \nprofessional sports team franchise under subsection (a), the league may \napprove a resale of the team, but may not approve a relocation of the \nteam during the ten-year period beginning on the date of the grant of \nthe expansion professional sports team franchise.\n (d) Exception.--This section shall not apply in the case of a \ncommunity with a professional sports team if the team relocates within \n60 miles of the community.\n\nSEC. 6. LEAGUE RELOCATION AUTHORITY AND RELOCATION DETERMINATION \n CRITERIA.\n\n (a) League Authority.--It is not unlawful by reason of the \nantitrust laws for a professional sports league to enforce rules or \nagreements authorizing the membership of such league to decide whether \na professional sports team that is a member of the league may relocate \nfrom one community to another.\n (b) Determination Criteria.--In determining whether to approve or \ndisapprove the relocation of a professional sports team from one \ncommunity to another, a league shall make specific findings regarding--\n (1) the extent to which fan loyalty to and support for the \n team has been demonstrated during the team's tenure in the \n community;\n (2) the degree to which the team has engaged in good faith \n negotiations with appropriate persons concerning terms and \n conditions under which the team would continue to play its \n games in the community;\n (3) the degree to which the owners or managers of the team \n have contributed to any circumstances which might demonstrate \n the need for the relocation;\n (4) the extent to which the team, directly or indirectly, \n received public financial support by means of any publicly \n financed playing facility, special tax treatment, or any other \n form of public financial support;\n (5) the adequacy of the stadium in which the team played \n its home games in the previous season, and the willingness of \n the stadium, arena authority, or the local government to remedy \n any deficiencies in such facility;\n (6) whether the team has incurred net operating losses, \n exclusive of depreciation and amortization, sufficient to \n threaten the continued financial viability of the team;\n (7) whether any other team in the league is located in the \n community in which the team is currently located;\n (8) whether the team proposes to relocate to a community in \n which no other team in the league is located;\n (9) whether the stadium authority, if public, is not \n opposed to such relocation; and\n (10) whether there is a bona fide investor offering fair \n market value for the professional sports team and will retain \n the team in the current community.\n\nSEC. 7. ENFORCEMENT.\n\n (a) Penalties for Failure to Comply.--A league that violates the \nrequirement of section 5(a) by failing to grant a new professional \nsports team franchise--\n (1) is liable to the community in which the team was \n previously located for damages equal to three times the \n purchase price of the team; and\n (2) is subject to the suspension for one season of its \n antitrust exemption for pooling the broadcasting rights to \n games under Public Law 87-331 (15 U.S.C. 1291 et seq.).\n (b) Enforcement by the Federal Trade Commission.--The provisions of \nthis Act shall be enforced by the Federal Trade Commission under the \nFederal Trade Commission Act (15 U.S.C. 41 et seq.).\n\nSEC. 8. INAPPLICABILITY TO CERTAIN MATTERS.\n\n Nothing in this Act shall--\n (1) alter, determine, or otherwise affect the applicability \n or inapplicability of the antitrust laws, the labor laws, or \n any other provision of law to the wages, hours, or other terms \n and conditions of employment of players in any professional \n sports league, to any employment matter regarding players in \n any such league or to any collective bargaining rights and \n privilege of any player union in any such league;\n (2) alter or affect the applicability or inapplicability of \n the antitrust laws or any applicable Federal or State law \n regarding broadcasting or telecasting, including those \n contained under section 1291 of title 15, United States Code, \n to any agreement between any professional sports league or a \n professional sports team that is a member of the league and any \n person not affiliated with such a league for the broadcasting \n or telecasting of the games of such league or members of the \n league on any form of television;\n (3) affect any contract, or provision of a contract, \n relating to the use of a stadium or arena between a \n professional sports team and the owner or operator of any \n stadium or arena or any other person;\n (4) exempt from the antitrust laws any agreement to fix the \n prices of admission to sports contests;\n (5) exempt from the antitrust laws any predatory practice \n or other conduct with respect to competing sports leagues which \n would otherwise be unlawful under the antitrust laws; or\n (6) except as provided in this Act, alter, determine, or \n otherwise affect the applicability or inapplicability of the \n antitrust laws to any act, contract, agreement, rule, course of \n conduct, or other activity by, between, or among persons \n engaging in, conducting, or participating in professional \n football, basketball, hockey, or baseball.\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act:\n (1) Antitrust laws.--The term ``antitrust laws''--\n (A) has the meaning giving it in subsection (a) of \n the first section of the Clayton Act (15 U.S.C. 12(a)), \n except that such term includes section 5 of the Federal \n Trade Commission Act (15 U.S.C. 45) to the extent such \n section applies to unfair methods of competition; and\n (B) includes any State law similar to the laws \n referred to in subparagraph (A).\n (2) Community.--The term ``community'' means a city, \n county, parish, town, township, village, or any other general \n function governmental unit established by State law.\n (3) Investor.--The term ``investor'' means any person or \n group of persons, including a community.\n (4) League.--The terms ``league'' and ``professional sports \n league'' mean an association composed of two or more \n professional sports teams (which have been engaged in \n competition in their sport for more than seven years) which has \n adopted, accepted, or put into effect rules for the conduct of \n professional sports teams which are members of that association \n and for the regulation of contests and exhibitions in which \n such teams regularly engage. The term includes--\n (A) the National Football League;\n (B) the National Hockey League;\n (C) the National Basketball Association; and\n (D) Major League Baseball.\n (5) Located.--The term ``located'', with respect to a \n professional sports team, means situated in the stadium or \n arena in which the professional sports team plays its home \n games.\n (6) Professional Sports Team.--The term ``professional \n sports team'' means any group of professional athletes \n organized to play major league football, hockey, basketball, or \n baseball.\n\nSEC. 10. EFFECTIVE DATE.\n\n This Act takes effect as of August 1, 1995.","summary":"Fan Freedom and Community Protection Act of 1996 - Requires a professional sports team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located , the sports authority with jurisdiction over the stadium or facility, any owner or operator of such stadium or facility, and the professional sports league concerned and each member team. Requires such notice to: (1) be delivered in person or by certified mail and published in one or more newspapers of general circulation within the home community. And (2) include the proposed new location, a summary of the reasons for moving, and the date on which the change is scheduled to become effective. Directs a league, within a year after the submission of the name of an investor, to grant to the investor a new expansion team franchise at a fee no greater, and on terms and conditions no less favorable, than those granted to the last expansion team franchise granted. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation, except as provided herein. Makes this section inapplicable to a team that relocates within 25 miles of the home community and remains within the State in which the home community is located. Permits, under the antitrust laws, a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate. Requires a league, in determining whether to approve such relocation, to make specific written findings, including findings regarding fan loyalty and the extent to which the team received public financial support. Specifies that no decision by a league to permit a relocation shall be valid or final until the league has: (1) conducted at least two public hearings in the home community. (2) permitted any interested member of the public to deliver oral, or file written, comments. (3) published written findings in a local home community newspaper setting forth the basis of such decision. And (4) delivered copies of such findings to the local government of the home community and any sports authority. Requires an owner who relocates a team from one playing facility to another and who, in so doing, breaches a contract with the State or local government to pay to such government the value of financial assistance provided by the State or local government to the team. Makes a team owner who violates the requirement of this section liable to the State or local government that provided financial assistance to the team for an amount equal to three times the value of the assistance provided. Makes a league that violates the requirement to grant a new team franchise: (1) liable to the home community in which a team was previously located for damages of three times the purchase price or market value of the team, whichever is greater. (2) subject to the suspension for one season of its antitrust exemption for pooling the broadcasting rights to games. And (3) subject to the loss of the antitrust exemption under this Act for the franchise relocation that led to the violation. Sets forth enforcement provisions.","title":"Fan Freedom and Community Protection Act of 1996","text_len":14748,"sum_len":3202} {"bill_id":"114_hr5049","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NSF Major Research Facility Reform \nAct of 2016''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the Foundation.\n (2) Foundation.--The term ``Foundation'' means the National \n Science Foundation established under section 2 of the National \n Science Foundation Act of 1950 (42 U.S.C. 1861).\n (3) Major multi-user research facility.--The term ``major \n multi-user research facility'' means a science and engineering \n infrastructure construction project that exceeds the lesser of \n 10 percent of a Directorate's annual budget or $100,000,000 in \n total project cost that is funded in the major research \n equipment and facilities construction account, or any successor \n thereto.\n\nSEC. 3. MANAGEMENT AND OVERSIGHT OF LARGE FACILITIES.\n\n (a) Large Facilities Office.--The Director shall maintain a Large \nFacilities Office. The functions of the Large Facilities Office shall \nbe to support the research directorates in the development, \nimplementation, and assessment of major multi-user research facilities, \nincluding by--\n (1) serving as the Foundation's primary resource for all \n policy or process issues related to the development and \n implementation of major multi-user research facilities;\n (2) serving as a Foundation-wide resource on project \n management, including providing expert assistance on \n nonscientific and nontechnical aspects of project planning, \n budgeting, implementation, management, and oversight;\n (3) coordinating and collaborating with research \n directorates to share best management practices and lessons \n learned from prior projects; and\n (4) assessing projects during preconstruction and \n construction phases for cost and schedule risk.\n (b) Oversight of Large Facilities.--The Director shall appoint a \nsenior agency official as head of the Large Facilities Office whose \nresponsibility is oversight of the development, construction, and \ntransfer to operations of major multi-user research facilities across \nthe Foundation.\n (c) Policies for Large Facility Costs.--\n (1) In general.--The Director shall ensure that the \n Foundation's polices for developing and maintaining major \n multi-user research facility construction costs are consistent \n with the best practices described in the March 2009 Government \n Accountability Office Report GAO-09-3SP, or any successor \n report thereto, the Uniform Guidance in 2 CFR part 200, and the \n Federal Acquisition Regulation as appropriate.\n (2) Cost proposal analysis.--\n (A) General requirement.--The Director shall ensure \n that an external cost proposal analysis is conducted \n for any major multi-user research facility.\n (B) Resolution of issues found.--The Director, or a \n senior agency official within the Office of the \n Director designated by the Director, shall certify in \n writing that all issues identified during the cost \n analysis, including any findings of unjustified or \n questionable cost items, are resolved before the \n Foundation may execute a construction agreement with \n respect to the project.\n (C) Transmittal to congress.--The Director shall \n transmit each certification made under subparagraph (B) \n to the Committee on Science, Space, and Technology of \n the House of Representatives, the Committee on \n Commerce, Science, and Transportation of the Senate, \n the Committee on Appropriations of the House of \n Representatives, and the Committee on Appropriations of \n the Senate.\n (3) Incurred cost audits.--The Director shall ensure that \n an incurred cost audit is conducted at least biennially on any \n major multi-user research facility, in accordance with \n Government Auditing Standards as established in Government \n Accountability Office Report GAO-12-331G, or any successor \n report thereto, with the first incurred cost audit to commence \n no later than 12 months after execution of the construction \n agreement.\n (4) Contingencies.--\n (A) In general.--Except as provided for in \n subparagraph (C)(ii), the Foundation shall--\n (i) provide oversight for contingency in \n accordance with Cost Principles Uniform \n Guidance in 2 CFR part 200.433, or any \n successor thereto, and the Federal Acquisition \n Regulation as appropriate, except as provided \n in this paragraph; and\n (ii) not make any award which provides for \n contributions to a contingency reserve held or \n managed by the awardee, as defined in 2 CFR \n part 200.433(c).\n (B) Updating policy manual.--The Foundation shall \n update its Large Facilities Manual and any other \n applicable guidance for contingencies on major multi-\n user research facilities with regard to estimating, \n monitoring, and accounting for contingency.\n (C) Foundation requirements.--The policy updated \n under subparagraph (B) shall require that the \n Foundation--\n (i) may only include contingency amounts in \n an award in accordance with Cost Principles \n Uniform Guidance in 2 CFR part 200.433, or any \n successor thereto, and the Federal Acquisition \n Regulation as appropriate; and\n (ii) shall retain control over funds \n budgeted for contingency, but may disburse \n budgeted contingency funds incrementally to the \n awardee to ensure project stability and \n continuity.\n (D) Awardee requirements.--The policy updated under \n subparagraph (B) shall require that an awardee shall--\n (i) provide verifiable documentation to \n support any amounts proposed for contingencies; \n and\n (ii) support requests for the release of \n contingency funds with evidence of a bona fide \n need and that the amounts allocated to the \n performance baseline are reasonable and \n allowable.\n (E) Current awardees.--The Foundation shall work \n with awardees for whom awards with contingency \n provisions have been made before the date of enactment \n of this Act--\n (i) to determine if any of their use of \n contingency funds represents out-of-scope \n changes for which Foundation's prior written \n approval was not obtained; and\n (ii) if out-of-scope changes are found, to \n identify any financial action that may be \n appropriate.\n (5) Management fees.--\n (A) Definition.--In this paragraph, the term \n ``management fee'' means a portion of an award made by \n the Foundation for the purpose of covering ordinary and \n legitimate business expenses necessary to maintain \n operational stability which are not otherwise allowable \n under Cost Principles Uniform Guidance in 2 CFR part \n 200, Subpart E, or any successor regulation thereto.\n (B) Limitation.--The Foundation may provide a \n management fee under an award only if the awardee \n provides justification as to the need for such funds. \n In such cases, the Foundation shall take into account \n the awardee's overall financial circumstances when \n determining the amount of the fee if justified.\n (C) Financial information.--The Foundation shall \n require award applicants to provide income and \n financial information covering a period of no less than \n 3 prior years (or in the case of an entity established \n less than 3 years prior to the entity's application \n date, the period beginning on the date of establishment \n and ending on the application date), including cash on \n hand and net asset information, in support of a request \n for management fees. The Foundation shall also require \n awardees to report to the Foundation annually any \n sources of non-Federal funds received in excess of \n $50,000 during the award period.\n (D) Expense reporting.--The Foundation shall \n require awardees to track and report to the Foundation \n annually all expenses reimbursed or otherwise paid for \n with management fee funds, in accordance with Federal \n accounting practices as established in Government \n Accountability Office Report GAO-12-331G, or any \n successor report thereto.\n (E) Audits.--The Inspector General of the \n Foundation may audit any Foundation award for \n compliance with this paragraph.\n (F) Prohibited uses.--An awardee may not use \n management fees for--\n (i) costs allowable under Cost Principles \n Uniform Guidance in 2 CFR part 200, Subpart E, \n or any successor regulation thereto;\n (ii) alcoholic beverages;\n (iii) tickets to concerts, sporting, or \n other entertainment events;\n (iv) vacation or other travel for \n nonbusiness purposes;\n (v) charitable contributions, except for a \n charitable contribution of direct benefit to \n the project or activity supported by the \n management fee;\n (vi) social or sporting club memberships;\n (vii) meals or entertainment for \n nonbusiness purposes;\n (viii) luxury or personal items;\n (ix) lobbying, as described in the Uniform \n Guidance at 2 CFR 200.450; or\n (x) any other purpose the Foundation \n determines is inappropriate.\n (G) Review.--The Foundation shall review management \n fee usage for each Foundation award on at least an \n annual basis for compliance with this paragraph and the \n Foundation's Large Facilities Manual.\n (6) Report.--Not later than 12 months after the date of \n enactment of this Act, the Director shall submit to Congress a \n report describing the Foundation's policies for developing and \n managing major multi-user research facility construction costs, \n including a description of any aspects of the policies that \n diverge from the best practices recommended in Government \n Accountability Office Report GAO-09-3SP, or any successor \n report thereto, and the Uniform Guidance in 2 CFR part 200.\n (7) Noncompliance.--The Director shall ensure that the \n Foundation shall take the enforcement actions specified in 45 \n CFR 92.43 for noncompliance with this section.\n\nSEC. 4. WHISTLEBLOWER EDUCATION.\n\n (a) In General.--The Foundation shall be subject to section 4712 of \ntitle 41, United States Code.\n (b) Education and Training.--The Foundation shall provide education \nand training for Foundation managers and staff on the requirements of \nsuch section 4712, and provide information on such section to all \nawardees, contractors, and employees of such awardees and contractors.\n\n Passed the House of Representatives June 14, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on June 13, 2016. NSF Major Research Facility Reform Act of 2016 This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities. The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF. The bill requires: an external cost proposal analysis for any major multi-user research facility. The resolution of all issues identified, including any unjustified or questionable cost items. And biennial incurred cost audits of any such facility. The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve. The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities. The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria. And (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity. An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline. The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found. The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need. The NSF shall require award applicants to report: income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees. And any sources of nonfederal funds received in excess of $50,000 during the award period. The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds. The bill specifies prohibited uses for management fees. The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information. The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees.","title":"NSF Major Research Facility Reform Act of 2016","text_len":13195,"sum_len":2957} {"bill_id":"108_hr3171","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Benjamin Franklin True Patriot \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Benjamin Franklin stated: ``Those who would give up \n essential Liberty, to purchase a little temporary Safety, \n deserve neither Liberty nor Safety.''.\n (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth \n Amendments to the United States Constitution were established \n to protect the civil rights and liberties of all Americans in \n perpetuity.\n (3) Federal policies adopted since September 11, 2001, \n including provisions in the USA PATRIOT Act (Public Law 107-56) \n and related executive orders, regulations, and actions threaten \n fundamental rights and liberties, including the First, Fourth, \n Fifth, Sixth, Eighth, and Fourteenth Amendments to the \n Constitution by--\n (A) authorizing the indefinite incarceration of \n noncitizens based on mere suspicion, and the indefinite \n incarceration of citizens designated by the President \n as ``enemy combatants'' without access to counsel or \n meaningful recourse to the Federal courts;\n (B) limiting the traditional authority of Federal \n courts to curb law enforcement abuse of electronic \n surveillance in antiterrorism investigations and \n ordinary criminal investigations;\n (C) expanding the authority of Federal agents to \n conduct so-called ``sneak and peek'' or ``black bag'' \n searches, in which the subject of the search warrant is \n unaware that his or her property has been searched;\n (D) granting law enforcement and intelligence \n agencies broad access to personal medical, financial, \n library, and education records with little if any \n judicial oversight;\n (E) chilling constitutionally protected speech \n through overbroad definitions of ``terrorism'';\n (F) creating divisions between immigrant \n communities and the police that protect them by \n encouraging involvement of State and local police in \n enforcement of Federal immigration law; and the police \n that protect them;\n (G) permitting the FBI to conduct surveillance of \n religious services, internet chatrooms, political \n demonstrations, and other public meetings of any kind \n without having any evidence that a crime has been or \n may be committed; and\n (H) mandating the closure of certain immigration \n removal hearings, including denying judges the \n authority to reject stays of release where bond has \n been ordered and denying noncitizens the right to a \n bond hearing.\n (4) Future legislation, such as legislation drafted \n entitled the Domestic Security Enhancement Act (DSEA) or \n PATRIOT II, contains a multitude of new and sweeping law \n enforcement and intelligence gathering powers many of which are \n not related to terrorism, and would severely dilute and \n undermine many basic constitutional rights as well as disturb \n our unique system of checks and balances by--\n (A) diminishing personal privacy by removing \n important checks on government surveillance authority;\n (B) reducing the accountability of government to \n the public by increasing government secrecy;\n (C) expanding the definition of ``terrorism'' in a \n manner that threatens the constitutionally protected \n rights of Americans; and\n (D) seriously eroding the right of all persons to \n due process of law.\n (5) The above new and unprecedented powers pose threats to \n all Americans and particularly to the civil rights and \n liberties of the residents of our Nation who are Arab, Muslim, \n or of South Asian descent.\n\nSEC. 3. NINETY-DAY REVIEW PERIOD.\n\n Each provision of law, regulation, or other policy directive listed \nin sections 4 through 10, and any amendments made by that provision, \nshall cease to have effect 90 days after the date of the enactment of \nthis Act. During this 90-day period, the Congress may, at the request \nof the President, hold hearings to determine whether a particular \nsection should be removed from the list in section 4.\n\nSEC. 4. PROVISIONS IN THE USA PATRIOT ACT.\n\n The provisions in the USA PATRIOT Act (Public Law 107-56) to which \nsection 3 applies are:\n (1) Section 213, relating to ``sneak and peak searches''.\n (2) Section 214, relating to the use of pen registers for \n foreign intelligence purposes.\n (3) Section 215, relating to the obtaining by the \n Government of certain business records.\n (4) Section 216, relating to the use of pen registers in \n criminal cases.\n (5) Section 218, relating to the Foreign Intelligence \n Surveillance Act.\n (6) Section 411, relating to new grounds for deportation.\n (7) Section 412, relating to mandatory detention of certain \n aliens.\n (8) Section 505, relating to national security letters.\n (9) Section 507, relating to educational records.\n (10) Section 508, relating to collection and disclosure of \n individually identifiable information under the National \n Education Statistics Act of 1994.\n (11) Section 802, relating to the definition of domestic \n terrorism.\n\nSEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT \n RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS.\n\n Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49, \nUnited States Code.\n\nSEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS.\n\n Section 3 also applies to the following provisions of the Homeland \nSecurity Act of 2002:\n (1) Section 214, relating to an exemption from the Freedom \n of Information Act.\n (2) Section 871, relating to an exemption from the Federal \n Advisory Committee Act.\n\nSEC. 7. IMMIGRATION REGULATIONS PROVISIONS.\n\n Section 3 also applies to the following provisions of regulations:\n (1) The regulation found at 66 Federal Register 48334-35 \n (September 20, 2001) relating to time held without charges.\n (2) The regulation found at 66 Federal Register 54909-12 \n (October 31, 2001) relating to automatic stays for the \n Government in immigration hearings.\n (3) The so-called ``Creppy memo'' that mandates closed \n immigration hearings in certain cases, and 67 Federal Register \n 54878 (August 26, 2002) relating to restructuring appeals.\n (4) Any legal opinion or regulation that increases the \n powers of the Attorney General to authorize State or local law \n enforcement officers to exercise Federal immigration \n enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part \n 65.\n (5) The regulation found at 67 Federal Register 52584 \n (August 12, 2002), relating to registration and monitoring of \n certain aliens, and all notices published pursuant to that \n regulation.\n\nSEC. 8. ATTORNEY-CLIENT MONITORING.\n\n Section 3 also applies to the regulation found at 66 Federal \nRegister 55063, relating to monitoring conversations between attorneys \nand clients.\n\nSEC. 9. SECRECY ORDERS.\n\n Section 3 also applies to the memorandum of Attorney General \nAshcroft dated October 12, 2001 and relating to the disclosure of \ndocuments under the Freedom of Information Act.\n\nSEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING.\n\n Section 3 also applies to any regulations having the effect of \nchanging the effect of the Attorney General's Guidelines on General \nCrimes, Racketeering Enterprise and Domestic Security\/Terrorism \nInvestigations approved by Attorney General Dick Thornburg for the \nDepartment of Justice on March 21, 1989.","summary":"Benjamin Franklin True Patriot Act - Provides that each provision of law, regulation, or other policy directive listed in this Act and any amendments made by that provision, shall cease to have effect 90 days after the date of the enactment of this Act. Authorizes Congress, during such period and at the request of the President, to hold hearings to determine whether a particular section should be removed from the list with respect to the USA PATRIOT Act. Applies this Act to specified provisions in: (1) the USA PATRIOT Act. (2) the Aviation Security Act excluding permanent resident aliens from being baggage checkers, (3) the Homeland Security Act 2002, (4) certain immigration regulations. (5) the Federal Register relating to monitoring conversations between attorneys and clients. (6) the memorandum of Attorney General Ashcroft dated October 12, 2001, and relating to the disclosure of documents under the Freedom of Information Act. And (7) any regulations having the effect of changing the effect of Attorney General Dick Thornburg's Guidelines on General Crimes, Racketeering Enterprise and Domestic SecurityTerrorism Investigations , approved March 21, 1989.","title":"To provide for an appropriate review of recently enacted legislation relating to terrorism to assure that powers granted in it do not inappropriately undermine civil liberties.","text_len":8490,"sum_len":1172} {"bill_id":"111_s284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Solar Stimulus for Job Creation and \nEnergy Independence Act of 2009''.\n\nSEC. 2. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE \n SOLAR ENERGY PROPERTY.\n\n (a) In General.--Subparagraph (A) of section 48(a)(3) of the \nInternal Revenue Code of 1986 (defining energy property) is amended by \nstriking ``or'' at the end of clause (vi), by adding ``or'' at the end \nof clause (vii), and by inserting after clause (vii) the following new \nclause:\n ``(viii) property used to manufacture \n equipment described in clause (i) or (ii),''.\n (b) Credit To Be Refundable.--\n (1) In general.--Subsection (c) of section 38 of the \n Internal Revenue Code of 1986 (relating to limitation based on \n amount of tax) is amended by redesignating paragraph (5) as \n paragraph (6) and by inserting after paragraph (4) the \n following new paragraph:\n ``(5) Special rules for solar energy investment credit.--\n ``(A) In general.--In the case of the solar energy \n investment credit--\n ``(i) this section and section 39 shall be \n applied separately with respect to such credit,\n ``(ii) in applying paragraph (1) to such \n credit--\n ``(I) the tentative minimum tax \n shall be treated as being zero, and\n ``(II) the limitation under \n paragraph (1) (as modified by subclause \n (I)) shall be reduced by the credit \n allowed under subsection (a) for the \n taxable year (other than the solar \n energy investment credit), and\n ``(iii) the amount of the solar energy \n investment credit in excess of the limitation \n under paragraph (1) (as modified by subclause \n (II)) shall be treated as a credit under \n subpart C.\n ``(B) Solar energy investment credit.--For purposes \n of this subsection, the term `solar energy investment \n credit' means so much of the energy credit as is \n attributable to property described in clause (viii) of \n section 48(a)(3)(A).\n ``(C) Termination.--This paragraph shall not apply \n to any taxable year ending after December 31, 2010.''.\n (2) Conforming amendments.--\n (A) Subclause (II) of section 38(c)(2)(A)(ii) of \n such Code is amended by striking ``and the specified \n credits'' and inserting ``the specified credits, and \n the solar energy investment credit''.\n (B) Subclause (II) of section 38(c)(3)(A)(ii) of \n such Code is amended by striking ``and the specified \n credits'' and inserting ``, the specified credits, and \n the solar energy investment credit''.\n (C) Subclause (II) of section 38(c)(4)(A)(ii) of \n such Code is amended by inserting ``and the solar \n energy investment credit'' after ``specified credits''.\n (D) Paragraph (2) of section 1324(b) of title 31, \n United States Code, is amended by inserting \n ``38(c)(5),'' after ``36,''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR \n ENERGY PROPERTY.\n\n (a) In General.--Subparagraph (C) of section 48(a)(4) of the \nInternal Revenue Code of 1986 (defining subsidized energy financing) is \namended by adding at the end the following new sentence: ``Such term \nshall not include any loan described in section 141(c)(2)(D).''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to property placed in service after such date in taxable years \nending after such date.\n\nSEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF \n SOLAR ENERGY PROPERTY.\n\n (a) Exception From Private Business Use Test.--Paragraph (6) of \nsection 141(b) of the Internal Revenue Code of 1986 is amended by \nadding at the end the following new subparagraph:\n ``(C) Solar energy property.--For purposes of \n subparagraph (A), property described in clause (i) or \n (ii) of section 48(a)(3)(A) shall not be treated as \n used in a trade or business.''.\n (b) Exception From Private Loan Financing Test.--Paragraph (2) of \nsection 141(c) of the Internal Revenue Code of 1986 (relating to \nexception for tax assessment, etc., loans) is amended by striking \n``or'' at the end of subparagraph (B), by striking the period at the \nend of subparagraph (C) and inserting ``, or'', and by adding at the \nend the following new subparagraph:\n ``(D) enables the borrower to finance the \n acquisition, construction, and installation of property \n described in clause (i) or (ii) of section \n 48(a)(3)(A).''.\n (c) Effective Date.--The amendments made by this section shall \napply to obligations issued after the date of the enactment of this \nAct.\n\nSEC. 5. GOVERNMENT PROCUREMENT OF SOLAR ENERGY.\n\n Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is \namended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection (d):\n ``(d) Contracts for Renewable Energy.--Notwithstanding section \n501(b)(1)(B) of title 40, United States Code, a contract for renewable \nenergy may be made for a period of not more than 25 years.''.","summary":"Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the energy tax credit for investment in property used to manufacture solar energy property through 2010. And (2) exempt certain solar energy property from private activity bond usage and loan financing rules. Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a new refundable credit for equipment used to manufacture solar energy property, to waive the application of the subsidized financing rules to such property, and for other purposes.","text_len":6187,"sum_len":473} {"bill_id":"112_s383","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Critical Minerals and Materials \nPromotion Act of 2011''.\n\nSEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS.\n\n In this Act:\n (1) In general.--The term ``critical minerals and \n materials'' means naturally occurring, nonliving, nonfuel \n substances with a definite chemical composition--\n (A) that perform an essential function for which no \n satisfactory substitutes exist; and\n (B) the supply of which has a high probability of \n becoming restricted, leading to physical unavailability \n or excessive costs for the applicable minerals and \n materials in key applications.\n (2) Exclusions.--The term ``critical minerals and \n materials'' does not include ice, water, or snow.\n\nSEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL \n MINERALS AND MATERIALS.\n\n (a) In General.--The Secretary of the Interior, acting through the \nUnited States Geological Survey, shall establish a research and \ndevelopment program--\n (1) to provide data and scientific analyses for research \n on, and assessments of the potential for, undiscovered and \n discovered resources of critical minerals and materials in the \n United States and other countries; and\n (2) to analyze and assess current and future critical \n minerals and materials supply chains--\n (A) with advice from the Energy Information \n Administration on future energy technology market \n penetration; and\n (B) using the Mineral Commodity Summaries produced \n by the United States Geological Survey.\n (b) Global Supply Chain.--The Secretary shall, if appropriate, \ncooperate with international partners to ensure that the program \nestablished under subsection (a) provides analyses of the global supply \nchain of critical minerals and materials.\n\nSEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND \n MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES.\n\n The Secretary of Energy shall conduct a program of research, \ndevelopment, and demonstration to strengthen the domestic critical \nminerals and materials supply chain for clean energy technologies and \nto ensure the long-term, secure, and sustainable supply of critical \nminerals and materials sufficient to strengthen the national security \nof the United States and meet the clean energy production needs of the \nUnited States, including--\n (1) critical minerals and materials production, processing, \n and refining;\n (2) minimization of critical minerals and materials in \n energy technologies;\n (3) recycling of critical minerals and materials; and\n (4) substitutes for critical minerals and materials in \n energy technologies.\n\nSEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL \n SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND \n MATERIALS PRODUCTION.\n\n (a) In General.--The Secretary of Energy shall promote the \ndevelopment of the critical minerals and materials industry workforce \nin the United States.\n (b) Support.--In carrying out subsection (a), the Secretary shall \nsupport--\n (1) critical minerals and materials education by providing \n undergraduate and graduate scholarships and fellowships at \n institutions of higher education, including technical and \n community colleges;\n (2) partnerships between industry and institutions of \n higher education, including technical and community colleges, \n to provide onsite job training; and\n (3) development of courses and curricula on critical \n minerals and materials.\n\nSEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS.\n\n (a) Policy.--It is the policy of the United States to promote an \nadequate and stable supply of critical minerals and materials necessary \nto maintain national security, economic well-being, and industrial \nproduction with appropriate attention to a long-term balance between \nresource production, energy use, a healthy environment, natural \nresources conservation, and social needs.\n (b) Implementation.--To implement the policy described in \nsubsection (a), the President, acting through the Executive Office of \nthe President, shall--\n (1) coordinate the actions of applicable Federal agencies;\n (2) identify critical minerals and materials needs and \n establish early warning systems for critical minerals and \n materials supply problems;\n (3) establish a mechanism for the coordination and \n evaluation of Federal critical minerals and materials programs, \n including programs involving research and development, in a \n manner that complements related efforts carried out by the \n private sector and other domestic and international agencies \n and organizations;\n (4) promote and encourage private enterprise in the \n development of economically sound and stable domestic critical \n minerals and materials supply chains;\n (5) promote and encourage the recycling of critical \n minerals and materials, taking into account the logistics, \n economic viability, environmental sustainability, and research \n and development needs for completing the recycling process;\n (6) assess the need for and make recommendations concerning \n the availability and adequacy of the supply of technically \n trained personnel necessary for critical minerals and materials \n research, development, extraction, and industrial practice, \n with a particular focus on the problem of attracting and \n maintaining high-quality professionals for maintaining an \n adequate supply of critical minerals and materials; and\n (7) report to Congress on activities and findings under \n this subsection.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act such \nsums as are necessary.","summary":"Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries. (2) analyze and assess current and future critical minerals and materials supply chains. And (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials. Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States. Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges. (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training. And (3) development of courses and curricula on critical minerals and materials. Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy.","title":"A bill to promote the domestic production of critical minerals and materials, and for other purposes.","text_len":6307,"sum_len":2110} {"bill_id":"105_s2414","text":"SECTION 1. FINDINGS.\n\n Congress finds that the conveyance of the Properties described in \nsection 4(b) to the Lessees of those Properties for fair market value \nwould have the beneficial results of--\n (1) reducing Pick-Sloan project debt for the Canyon Ferry \n Unit;\n (2) providing a permanent source of funding for projects \n that develop and maintain public recreation, and that conserve \n and enhance fish and wildlife opportunities in the State of \n Montana;\n (3) eliminating Federal payments in lieu of taxes and \n associated management expenditures in connection with the \n Government's ownership of the Properties while increasing local \n tax revenues from the new owners; and\n (4) eliminating expensive and contentious disputes between \n the Secretary and leaseholders while ensuring that the Federal \n Government receives full and fair value for the acquisition of \n the Properties.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to establish terms and conditions under \nwhich the Secretary of the Interior shall, for fair market value, \nconvey certain Properties around Canyon Ferry Reservoir, Montana, to \nthe Lessees of those Properties.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) CFRA.--The term ``CFRA'' means the Canyon Ferry \n Recreation Association, Incorporated, a Montana corporation.\n (2) Lessee.--The term ``Lessee'' means the leaseholder of 1 \n of the Properties described in section 4(b) on the date of \n enactment of this Act and the leaseholder's heirs, executors, \n and assigns of their leasehold interest.\n (3) Property.--The term ``Property'' means any 1 of the \n cabin sites described in section 4(b).\n (4) Properties.--The term ``Properties'' means all 265 of \n the cabin sites (and related parcels) described in section \n 4(b).\n (5) Purchaser.--The term ``Purchaser'' means a person or \n entity, excluding CFRA, that purchases the 265 Properties under \n section 4.\n (6) Reservoir.--The term ``Reservoir'' means the Canyon \n Ferry Reservoir in the State of Montana.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (8) Trust.--The term ``Trust'' means the Canyon Ferry Lake \n Trust described in section 6.\n\nSEC. 4. SALE OF PROPERTIES.\n\n (a) In General.--Subject to subsection (c) and notwithstanding any \nother provision of law, the Secretary shall sell at fair market value--\n (1) all right, title, and interest of the United States in \n and to all (but not fewer than all) of the Properties described \n in subsection (b), subject to valid existing rights; and\n (2) easements for--\n (A) vehicular access to each Property;\n (B) access to and the use of 1 dock per Property; \nand\n (C) access to and the use of all boathouses, ramps, \n retaining walls, and other improvements for which \n access is provided in the leases as of the date of this \n Act.\n (b) Description of Properties.--\n (1) In general.--The Properties to be conveyed are--\n (A) the 265 cabin sites of the Bureau of \n Reclamation located along the northern portion of the \n Reservoir in portions of sections 2, 11, 12, 13, 15, \n 22, 23, and 26, Township 10 North, Range 1 West; plus\n (B) any small parcels contiguous to the Properties \n (not including shoreline land needed to provide public \n access to the shoreline of the Reservoir) that the \n Secretary determines should be conveyed in order to \n eliminate inholdings and facilitate administration of \n surrounding land remaining in Federal ownership.\n (2) Acreage; legal description.--The acreage and legal \n description, including any related parcels determined by the \n Secretary under (b)(1)(B) of this section, of each Property \n shall be agreed on by the Secretary and CFRA.\n (c) Purchase Process.--\n (1) In general.--The Secretary shall--\n (A) solicit sealed bids for the Properties;\n (B) subject to paragraph (2), sell the Properties \n to the bidder that submits the highest bid above the \n minimum bid determined under paragraph (2); and\n (C) no bid shall be accepted for less than all of \n the Properties in one bundle.\n (2) Minimum bid.--Before accepting bids, the Secretary, in \n consultation with CFRA, shall establish a minimum bid based on \n an appraisal of the fair market value of the Properties, \n exclusive of the value of private improvements made by the \n leaseholders before the date of the conveyance by means of an \n appraisal conducted in conformance with the Uniform Standards \n of Professional Appraisal Practice.\n (3) Right of first refusal.--If the highest bidder is other \n than CFRA, CFRA shall have the right to match the highest bid \n and purchase the Properties at a price equal to the amount of \n that bid.\n (d) Terms of Conveyance.--\n (1) Purchaser to extend option to purchase or to continue \n leasing.\n (A) In general.--The Purchaser shall give each \n leaseholder of record of a Property conveyed under this \n section an option to purchase the Property at fair \n market value as determined in subsection (c)(2).\n (B) Nonpurchasing lessees.--\n (i) Right to continue lease.--A Lessee that \n is unable or unwilling to purchase a Property \n shall be permitted to continue to lease the \n Property for fair market value rent under the \n same terms and conditions as the existing \n leases, including the right to renew the term \nof the existing lease for 2 consecutive 5-year terms.\n (ii) Compensation for improvements.--If a \n Lessee declines to purchase a Property, the \n Purchaser shall compensate the Lessee for the \n fair market value, as determined pursuant to \n customary appraisal procedures, of all \n improvements made to the Property. The Lessee \n may sell the improvements to Purchaser at any \n time, but the sale shall be completed by the \n final termination of the lease, after all \n renewals as provided in clause (i).\n (2) Historical use.--The Purchaser shall honor the existing \n Property descriptions and historical use restrictions for the \n leaseholds.\n (3) CFRA purchases.--If CFRA should be the highest bidder, \n or match the highest bid, it may convey to the Trust in lieu of \n money, the title to any Property where the Lessee is unable or \n unwilling to purchase their Property.\n (A) Continuation of leases.--\n (i) In general.--A Lessee that is unable or \n unwilling to purchase a leasehold shall be \n permitted to continue to lease the Property \n pursuant to the terms and conditions of the \n lease, existing on the date of enactment of \n this Act, from the Trust.\n (ii) Rental payments.--All rents received \n during the continuation of a lease under clause \n (i) shall be paid to the Trust.\n (iii) Limitation on right to transfer \n lease.--Subject to valid existing rights, a \n Lessee may not sell or otherwise assign or \n transfer the leasehold without purchasing the \n Property from the Trust and conveying the fee \n interest in the Property.\n (B) Conveyances by trust.--All conveyances by the \n Trust shall be a fair market value as determined by a \n new appraisal, but in no event may the Trust convey any \n Property to Lessee for an amount less than the value \n established for the leasehold by the appraisal \n conducted pursuant to subparagraph (c)(2).\n (e) Administrative Costs.--Any reasonable administrative cost \nincurred by the Secretary incident to the conveyance under subsection \n(a) shall be reimbursed by the Purchaser or CFRA.\n (f) Timing.--The Secretary shall make every effort to complete the \nconveyance under subsection (a) not later than 1 year after the date of \nenactment of this Act.\n (g) Closing.--Real estate closings to complete the conveyance under \nsubsection (a) may be staggered to facilitate the conveyance as agreed \nto by the Secretary and the Purchaser or CFRA.\n (h) Conveyance to Lessee.--Where the Lessee will purchase the \nProperty from the Purchaser or CFRA, the Lessee may request the \nSecretary to have the conveyance documents prepared in the Lessee's \nname or names in order to minimize the time and documents required to \ncomplete the closing for each Property.\n (i) Costs.--The Lessee shall reimburse CFRA for a proportionate \nshare of the costs to CFRA in completing the transactions contemplated \nby this Act, including any interest charges.\n (j) Costs.--The Lessee shall reimburse the Trust for a \nproportionate share of the costs to the Trust in completing the \ntransactions contemplated by this Act, including any interest charges. \nIn addition, the lessee shall reimburse the Trust for all costs, \nincluding the new appraisal, associated with conveying the Property \nfrom the Trust to the Lessee.\n\nSEC. 5. AGREEMENT.\n\n (a) Requirement To Negotiate.--The Secretary, acting through the \nBureau of Reclamation, shall negotiate an agreement with the Broadwater \nCounty, Montana, Board of Commissioners to transfer management of the \nSilo's and White Earth recreation areas. The Secretary shall grant an \neasement for an access road to these recreation areas.\n (b) Assessment of Need for Harbor.--Not later than 6 months after \nthe date of the enactment of this Act, the Secretary, acting through \nthe Bureau of Reclamation, shall assess the need for creating a harbor \nadjacent to the eastern shore of the south half of the Reservoir.\n\nSEC. 6. USE OF PROCEEDS.\n\n (a) In General.--Proceeds of conveyances under this Act shall be \navailable as follows:\n (1) 10 percent of the proceeds shall be applied by the \n Secretary of the Treasury to reduce the outstanding debt for \n the Pick-Sloan project at Canyon Ferry Reservoir.\n (2) 45 percent of the proceeds shall be deposited into a \n separate account in the Treasury and shall be available to the \n Secretary, subject to appropriations, for purchasing land or \n conservation easements in the State of Montana.\n (3) 45 percent of the proceeds shall be available without \n further appropriation to the Canyon Ferry Lake Trust \n established under subsection (b) for the purposes of enhancing \n recreation, fisheries, and conservation in and around the \n Reservoir.\n (b) In lieu of a cash contribution to the Trust under section \n6(a)(3), CFRA may convey to the Trust the fee title for any Property \nnot purchased by the Lessee. The value of each Property contribution \nunder this paragraph shall be the fair market value of the Property \nunder section 4 of this Act.\n (c) Canyon Ferry Lake Trust.--(1) There shall be established an \nentity to be known as the Canyon Ferry Lake Trust, the corpus of which \nshall initially include, at a minimum, the following funds:\n (A) One-third of amounts received by the Trust under \n (6)(a)(3) shall be made available by the Trust to Broadwater \n County, Montana, to improve access in the Broadwater County \n portion of the Reservoir.\n (B) Two-thirds of amounts received by the Trust under \n (6)(a)(3) shall be deposited into a permanent endowment that \n may be used in the following manner:\n (i) Fisheries improvement.\n (ii) Improvement of campgrounds.\n (iii) Lakeshore conservation, conservation \n easements, and public access to Canyon Ferry Reservoir \n and the watershed of the Missouri River from Canyon \n Ferry Dam to the confluence of the Madison, Jefferson, \n and Gallatin Rivers.\n (2) The Canyon Ferry Lake Trust shall be advised by a board \ncomposed of representatives from the following:\n (A) One appointee for the County Commission of Broadwater \n County, Montana.\n (B) One appointee for the County Commission of Lewis and \n Clark County, Montana.\n (C) One local agricultural landowner, as agreed to by Lewis \n and Clark and Broadwater County Commissions, Montana.\n (D) One representative of a local hunting organization, as \n agreed to by the Lewis and Clark and Broadwater County \n Commissions, Montana.\n (E) One representative of a fisheries conservation \n organization, as agreed to by Lewis and Clark and Broadwater \n Counties, Montana.\n (F) One representative appointed by the Commissioner of the \n Bureau of Reclamation or his or her designee.\n (G) One representative appointed by The Director of the \n Montana Fish, Wildlife and Parks Department or his designee.","summary":"Directs the Secretary of the Interior to sell at fair market value 265 cabin sites and related appurtenances around the Canyon Ferry Reservoir, Montana. Requires: (1) a sealed bidding process for such sale, (2) a required minimum bid to be met. And (3) the Canyon Ferry Recreation Association to have the right to match the highest bid offered for such properties. Outlines other conveyance terms, including: (1) allowing individual cabin leaseholders who cannot purchase their site to continue to lease such site for two consecutive five-year periods. And (2) directing the Secretary to complete the conveyance within one year after enactment of this Act. Directs the Secretary to: (1) negotiate an agreement with the Broadwater County, Montana, Board of Supervisors to transfer management of the Silo's and White Earth recreation areas. And (2) assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. Establishes the Canyon Ferry Lake Trust for the deposit and use of funds for various improvements to the Reservoir and Canyon Ferry area.","title":"A bill to establish terms and conditions under which the Secretary of the Interior shall convey leaseholds in certain Properties around Canyon Ferry Reservoir, Montana.","text_len":14240,"sum_len":1088} {"bill_id":"111_hr5053","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Protective Service Reform \nand Enhancement Act of 2010''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE.\n\n (a) In General.--There is authorized to be appropriated to the \nDirector of the Federal Protective Service $246,000,000 for fiscal year \n2011 to carry out Federal Protective Service counterterrorism \nfunctions, including--\n (1) law enforcement on federally controlled property;\n (2) incident investigations;\n (3) suspect capture and detention;\n (4) 24-hour security alarm monitoring;\n (5) nationwide dispatch services;\n (6) facility security assessments; and\n (7) terrorism prevention.\n (b) Sufficient Funding to Effectively Double the Size of the \nFederal Protective Service Inspector Force.--In addition to amounts \nauthorized under subsection (a), the Federal Protective Service is \nauthorized 1,200 full-time equivalent positions in the Federal \nProtective Service inspector force that monitor performance of security \npersonal services procured by contract.\n\nSEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC \n SECURITY FUNCTIONS.\n\n (a) In General.--Section 1315(a) of title 40, United States Code, \nis amended by--\n (1) striking ``(a) In General.--'' and inserting the \n following:\n ``(a) In General.--\n ``(1) Protection of federal property.--''; and\n (2) by adding at the end the following new paragraph:\n ``(2) Authority over gsa properties.--The Secretary, acting \n through the Federal Protective Service, shall have the lead \n authority in the executive branch to carry out counterterrorism \n functions on Federal property managed by the General Services \n Administration (including property leased by the General \n Services Administration), including--\n ``(A) law enforcement on federally controlled \n property;\n ``(B) incident investigations;\n ``(C) suspect capture and detention;\n ``(D) 24-hour security alarm monitoring;\n ``(E) nationwide dispatch services;\n ``(F) facility security assessments; and\n ``(G) terrorism prevention.\n ``(3) Agreements with other law enforcement authorities.--\n Nothing in this subsection shall preempt the Federal Protective \n Service from entering into agreements with other Federal, \n State, or local law enforcement authorities to provide security \n or respond to incidents on property that is under the \n jurisdiction and control of the Administrator of General \n Services.''.\n (b) Conforming Amendments.--\n (1) Section 1315(g) of title 40, United States Code, is \n amended by striking ``Nothing'' and inserting ``Subject to \n subsection (a)(2), nothing''.\n (2) Section 1706(b)(2) of the Homeland Security Act of 2002 \n (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' \n and inserting ``Subject to subsection (a)(2), the Secretary''.\n\nSEC. 4. STRATEGIC PLAN REQUIREMENT.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of Homeland Security shall submit \nto Congress a 5-year budget outlook and strategic plan for the Federal \nProtective Service that includes the following:\n (1) Estimates of staffing and associated costs the Federal \n Protective Service requires in order to provide basic security \n functions.\n (2) Estimates of staffing and associated costs the Federal \n Protective Service requires in order to assess the need for \n and, as appropriate, provide building specific security \n countermeasures.\n (3) Estimates of staffing and associated cost the Federal \n Protective Service requires for reimbursable agency-specific \n security work authorization functions.\n (4) Reviews of the performance of contractor-provided \n security guards that assesses both quality and cost of \n individual private contract guard companies performing Federal \n Protective Service guard functions under contract.\n (b) Updates.--The Secretary shall include an annual update of such \nplan with the President's annual budget submission to the Congress.\n\nSEC. 5. FACILITY SECURITY RISK ASSESSMENTS.\n\n (a) In General.--The Secretary of Homeland Security, acting through \nthe Director of Federal Protective Service, shall--\n (1) conduct facility security assessments in consultation \n with the facility security committee established for a \n facility;\n (2) prepare a report on each assessment, including \n recommendations of countermeasures against a terrorist attack \n to ensure the security of the facility concerned; and\n (3) give the facility security committee established for \n such a facility a 60-day period to review and comment on each \n report.\n (b) Selection of Recommendations for Implementation.--\n (1) Selection by gsa.--Upon the completion of the period \n for review and comment under subsection (a)(3)--\n (A) the Director shall submit the assessment report \n to the Administrator of General Services; and\n (B) the Administrator may select for implementation \n any of the recommendations of countermeasures in the \n report for implementation.\n (2) Notification of nonselection.--If the Administrator \n determines that any of the recommendations of countermeasures \n in a report submitted under paragraph (1) should not be \n implemented for a facility, the Administrator shall notify the \n head of each Federal agency in the facility and the facility \n security committee for the facility that the recommendation \n will not be implemented, including the reasons why.\n (3) Selection by facility security committee.--If a \n facility security committee receives notice under paragraph (2) \n regarding any recommendations, it may select any of the \n recommendations for implementation.\n (c) Reimbursement.--If any of the recommendations in a report \nsubmitted under subsection (a) is selected by the Administrator or a \nfacility security committee under subsection (c) for implementation--\n (1) the Director shall implement the recommendation;\n (2) the Administrator shall allocate to the Federal \n agencies in that facility the costs incurred by the Federal \n Protective Service for such implementation; and\n (3) each such agency shall reimburse the Federal Protective \n Service for the costs allocated to the agency by the \n Administrator.\n (d) Annual Report.--The Director shall submit an annual report to \nCongress on the disposition of recommendations included in reports \nunder this section that the Administrator did not select for \nimplementation.\n (e) Facility Security Committee Defined.--In this section the term \n``facility security committee'' means a facilities facility security \ncommittee established pursuant to the report entitled ``Vulnerability \nAssessment of Federal Facilities'', issued by the Interagency Security \nCommittee established by Executive Order 12977.\n\nSEC. 6. CONTRACT GUARD STAFF.\n\n (a) Minimum Standards for Training and Annual Recertification.--The \nSecretary of Homeland Security shall develop minimum standards for \ntraining and annual recertification for the Federal Protective \nService's contract guards including--\n (1) minimum fitness standards;\n (2) annual recertification on access control policies and \n control equipment, including x-ray and magnetometer training;\n (3) training in arrest and control procedures;\n (4) training in operation of emergency equipment;\n (5) basic first aid and CPR training and certification;\n (6) weapons training, as applicable; and\n (7) behavior detection training.\n (b) Pilot Program.--\n (1) In general.--Within 1 year after the date of enactment \n of this Act, the Director shall establish a 3-year pilot \n program in not less than 3 level IV facilities to test and \n evaluate--\n (A) to what extent efficiencies exist in having a \n federalized guard staff; and\n (B) to what extent such a federalized guard staff \n provides a measurable improvement in facility or \n personnel security.\n (2) Report.--Not later than 120 days before the \n commencement of the program, the Director shall report to \n Congress regarding what performance metrics will be considered \n in measuring improvement in efficiencies and security provided \n by such a federalized guard staff.\n (3) Monitoring by gao.--The Comptroller General of the \n United States--\n (A) shall monitor and review the conduct of the \n pilot program; and\n (B) shall submit to Congress and the Secretary of \n Homeland Security an interim report 6 months after the \n commencement of the pilot program, and a final report \n within 120 days after the conclusion of the pilot \n program, that each addresses whether--\n (i) the Secretary has established \n sufficient mechanisms to determine whether the \n pilot program provides efficiencies in \n protecting Federal facilities;\n (ii) the pilot program consists of an \n adequate sample of level IV facilities; and\n (iii) there are cost savings and security \n enhancements realized by having a federalized \n guard force.\n\nSEC. 7. SITE INSPECTIONS.\n\n (a) Right of Entry.--For purposes of carrying out this Act, the \nSecretary of Homeland Security shall have, on presentation of \ncredentials, a right of entry to, on, or through any property for which \nsecurity is provided by the Federal Protective Service.\n (b) Inspections and Verifications.--\n (1) In general.--The Secretary shall, at such time and \n place as the Secretary determines to be reasonable and \n appropriate, conduct security inspections and verifications for \n property for which security is provided by the Federal \n Protective Service.\n (2) Unannounced inspections.--In addition to any inspection \n conducted pursuant to paragraph (1), the Secretary shall \n require such properties to undergo unannounced security \n inspections. The inspections required under this paragraph \n shall be--\n (A) conducted without prior notice to the facility;\n (B) designed to evaluate undergoing inspection--\n (i) the ability of the Federal Protective \n Service security and contract guards to prevent \n an incident that applicable security \n performance standards are intended to prevent;\n (ii) the ability of the Federal Protective \n Service security and contract guards to protect \n against terrorist threats that are required to \n be addressed by applicable performance \n standards; and\n (iii) any weaknesses in the security plan \n of the facility;\n (C) conducted so as not to affect the actual \n security, physical integrity, or safety of the property \n or its employees while the inspection is conducted; and\n (D) conducted at least--\n (i) every year in the case of a level IV \n facility;\n (ii) every 2 years in the case of a level \n III facility;\n (iii) every 3 years in the case of a level \n II facility; and\n (iv) every four years in the case of a \n level I facility.\n (c) Report.--The Secretary shall report annually with the \nPresident's budget submission to Congress on covert testing strategy \nand results of unannounced inspections under this section.\n\nSEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND \n TRAINING.\n\n (a) In General.--Within 6 months of the date of enactment of this \nAct, the Director of the Federal Protective Service, in consultation \nwith the Assistant Secretary, Transportation Security Administration, \nshall publish--\n (1) a list of qualified vendors and a list of qualified \n products that would promote common standards of deployment of \n personnel and technology;\n (2) standards for training personnel, among all Federal \n Protective Service protected properties; and\n (3) best practices for utilizing items on the qualified \n products list so they are utilized in the most effective \n manner, including a process to best utilize existing products \n currently deployed.\n (b) Requirement To Use Lists.--\n (1) In general.--Following the publication of the qualified \n vendors list and the qualified products list under subsection \n (a), the Federal Protective Service may not enter into any \n contractual arrangement for services or products covered by \n such lists--\n (A) with any person that is not included on the \n qualified vendors list;\n (B) for procurement of any product that is not \n included on the qualified products list; or\n (C) under which a subcontract may be awarded to a \n person that is not included on the qualified vendors \n list.\n (2) Limitation on application.--\n (A) In general.--Paragraph (1) shall not apply to \n any contract the Director of the Federal Protective \n Service determines to be necessary to carry out the \n security missions of the Federal Protective Service.\n (B) Notification to congress.--The Director shall \n notify the Committee on Homeland Security of the House \n of Representatives and the Committee on Homeland \n Security and Governmental Affairs of the Senate in \n writing within 30 days after entering any contract \n under this paragraph, setting forth the determination \n under subparagraph (A) and the basis for that \n determination.\n (c) Cooperative Agreement.--Within 6 months after the date of \nenactment of this Act, the Secretary of Homeland Security shall require \nthe Assistant Secretary, Transportation Security Administration, the \nUnder Secretary for Science and Technology, and the Under Secretary for \nNational Protection and Programs to enter into a memorandum of \nunderstanding, or similar cooperative agreement, pursuant to which the \nTransportation Security Laboratory will provide the Federal Protective \nService with expertise, consultation, exchange of information, and \ntesting for technology covered by the qualified vendors list and the \nqualified products list required by this section.\n\nSEC. 9. PROHIBITED ITEMS LIST.\n\n (a) In General.--Not later than the end of the 180-day period \nbeginning on the date of enactment of this Act, the Secretary of \nHomeland Security, acting through the Under Secretary of the National \nPrograms and Protection Directorate and in consultation with \nAdministrator of General Services, shall issue and implement a list of \nitems, including component parts, that are prohibited from being \nbrought into facilities protected by Federal Protective Service, unless \nspecifically authorized on a case-by-case basis by the Secretary or the \nSecretary's designee.\n (b) Additional Items.--Nothing in this section prohibits a facility \nsecurity committee from prohibiting items that are not included on such \nlist from being brought into the facility of that committee.\n (c) Failure To Issue List.--If the Secretary of Homeland Security \nfails to implement a prohibited items list in accordance with \nsubsection (a), then the prohibited items list established by the \nTransportation Security Administration for civilian aviation shall \napply for facilities protected by Federal Protective Service--\n (1) effective upon expiration of the period referred to in \n subsection (a); and\n (2) until such time as the Secretary, acting through the \n Under Secretary of the National Programs and Protection \n Directorate, issues a prohibited items list described in \n subsection (a).\n (d) Facility Security Committee Defined.--In this section the term \n``facility security committee'' means a facility security committee \nestablished pursuant to the report entitled ``Vulnerability Assessment \nof Federal Facilities'', issued by the Interagency Security Committee \nestablished by Executive Order 12977.\n\nSEC. 10. REPORT REQUIREMENT.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary shall submit to Congress the \nfollowing:\n (1) A strategy for more effectively managing the contract \n guard program of the Federal Protective Service that ensures \n there is adequate oversight and monitoring of training for such \n program.\n (2) A status report on the implementation of the RAMP \n program, including an estimated date by which it will be fully \n operational.\n (3) Estimates of the additional manpower, resources, and \n funding the Federal Protective Service would need in order to \n provide security for high-profile terror trials in multiple or \n varying locations.\n (4) A status report on the implementation of the CADIS \n program, including an estimated date by which it will be fully \n operational.\n (5) A coordinated strategy for cooperation between the \n Under Secretary of National Programs and Protection and the \n Under Secretary for Science and Technology regarding research, \n development, and deployment of security technology conducted by \n the Transportation Security Laboratory.\n (b) Definitions.--In this section:\n (1) CADIS program.--The term ``CADIS program'' means the \n Computer Aided Dispatch Information System of the Federal \n Protective Service.\n (2) RAMP program.--The term ``RAMP program'' means the Risk \n Assessment and Management Program of the Federal Protective \n Service.","summary":"Federal Protective Service Reform and Enhancement Act of 2010 - Authorizes: (1) appropriations to the Director of the Federal Protective Service (FPS) for FY2011 to carry out counterterrorism functions. And (2) 1,200 full-time equivalent positions in the inspector force that monitor performance of security personal services procured by contract. Grants the Secretary of the Department of Homeland Security (DHS), acting through FPS, lead authority in the executive branch to carry out counterterrorism functions on federal property managed by the General Services Administration (GSA). Requires the Secretary to submit to Congress a five-year budget outlook and strategic plan for FPS. Requires annual updates. Directs the Secretary, through the Director, to: (1) conduct facility security assessments, (2) prepare a report on each assessment. And (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. Provides for the selection by GSA of recommendations for implementation. Requires: (1) the Secretary to develop minimum standards for training and annual recertification for FPS's contract guards. (2) the Director to establish a three-year pilot program in not less than three level IV facilities to test and evaluate to what extent efficiencies exist in having a federalized guard staff and to what extent such a staff provides a measurable improvement in security. And (3) the Comptroller General to monitor and review the program. Grants the Secretary a right of entry to property for which security is provided by FPS for unannounced inspections. Requires the Secretary to conduct security inspections, including unannounced inspections, of such properties. Directs the Director to publish: (1) a list of qualified vendors and products that would promote common standards of deployment of personnel and technology, (2) standards for training personnel among all FPS protected properties. And (3) best practices for utilizing items on the qualified products list. Directs the Secretary to issue and implement a list of items that are prohibited from being brought into facilities protected by FPS unless specifically authorized on a case-by-case basis.","title":"To amend the Homeland Security Act of 2002 to enhance the Federal Protective Service's ability to provide adequate security for the prevention of terrorist activities and for the promotion of homeland security, and for other purposes.","text_len":19506,"sum_len":2232} {"bill_id":"108_hr4361","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Transit and Rail Awareness and \nInvestments for National Security Act of 2004'' or the ``Safe TRAINS \nAct''.\n\nSEC. 2. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS.\n\n (a) Authorization.--The Secretary of Homeland Security is \nauthorized to make grants for the purpose of improving the security of \npublic transportation systems against acts of terrorism. The grant \nprogram shall be administered by the Under Secretary for Border and \nTransportation Security--\n (1) in consultation with the Director of the Office of \n Domestic Preparedness, to ensure that the program is consistent \n with other Department of Homeland Security grant programs;\n (2) with the Assistant Secretary for Infrastructure \n Protection to ensure that grant awards are consistent with \n critical infrastructure risk assessments and protective \n priorities as they relate to public transportation; and\n (3) with the Under Secretary for Science and Technology to \n ensure that technology aspects of grant proposals are feasible \n and generally consistent with existing technologies and \n standards.\n (b) Considerations.--Among the considerations on which grants shall \nbe awarded are the following:\n (1) Risk of terrorism, including threat assessment, \n vulnerabilities of public transportation systems, potential \n effects of acts of terrorism against public transportation \n systems, and past acts of terrorism against modes of \n transportation.\n (2) Merits of the proposed projects to increase national \n security, based on a consideration of--\n (A) threats;\n (B) vulnerabilities;\n (C) consequences, including human casualties and \n economic impacts;\n (D) consequence management;\n (E) the likelihood that such projects would have \n been pursued in the normal course of business and in \n the absence of national security considerations; and\n (F) feasibility, based on the technical and \n operational merits of the projects.\n (c) Allowable Use of Funds.--Grants made under this section shall \nbe used for the purposes of--\n (1) support for increased capital investments in cameras, \n close-circuit television, and other surveillance systems;\n (2) increased capital investment in command, control, and \n communications systems, including investments for redundancy \n and interoperability and for improved situational awareness, \n such as emergency call boxes and vehicle locator systems;\n (3) increased training, including for carrying out \n exercises under section 3, and technical support for public \n transportation employees, especially for security awareness, \n prevention, emergency response, including evacuation, and \n decontamination;\n (4) expanded deployment of equipment and other measures, \n including canine detection teams, for the detection of \n explosives and chemical, biological, radiological, and nuclear \n agents;\n (5) capital improvements and operating activities, \n including personnel expenditures, to increase the physical \n security of stations, vehicles, bridges, and tunnels;\n (6) capital improvements and operating activities to \n improve passenger survivability in the event of an attack, \n including improvements in ventilation, drainage, fire safety \n technology, emergency communications systems, lighting systems, \n passenger egress, and accessibility by emergency response \n personnel;\n (7) acquisition of emergency response and support \n equipment, including fire suppression and decontamination \n equipment; and\n (8) expansion of employee education and public awareness \n campaigns regarding security on public transportation systems.\n (d) Eligible Recipients.--Grants shall be made available under this \nsection directly to owners, operators, and providers of public \ntransportation systems. Owners, operators, and providers of \ninfrastructure over which public transportation operates, but which is \nnot primarily used for public transportation, may also be eligible for \ngrants at the discretion of the Secretary.\n (e) Accountability.--The Secretary shall adopt necessary \nprocedures, including audits, to ensure that grants made under this \nsection are expended in accordance with the purposes of this Act and \nthe priorities and other criteria developed by the Secretary. If the \nSecretary determines that a recipient has used any portion of the grant \nfunds received under this section for a purpose other than the \nallowable uses specified for that grant under this section, the grantee \nshall return any amount so used to the Treasury of the United States.\n (f) Procedures for Grant Award.--The Secretary shall prescribe \nprocedures and schedules for the awarding of grants under this section, \nincluding application and qualification procedures, and a record of \ndecision on applicant eligibility. The Secretary shall issue a final \nrule establishing the procedures not later than 90 days after the date \nof enactment of this Act.\n (g) Cost Share.--Grants made under this section shall account for \nno more than--\n (1) 85 percent for fiscal year 2005;\n (2) 80 percent for fiscal year 2006; and\n (3) 75 percent for fiscal year 2007,\nof the expense of the purposes for which the grants are used.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out the purposes of this \nsection--\n (1) $1,200,000,000 for fiscal year 2005;\n (2) $900,000,000 for fiscal year 2006; and\n (3) $700,000,000 for fiscal year 2007.\nAmounts appropriated pursuant to this subsection shall remain available \nuntil expended.\n\nSEC. 3. TRAINING EXERCISES.\n\n (a) Guidelines.--Not later than 4 months after the date of \nenactment of this Act, the Secretary of Homeland Security shall publish \nguidelines for the conduct by recipients of grants under section 2 of \nappropriate exercises for emergency response and public transportation \nemployee training purposes.\n (b) Plans.--Not later than 6 months after receipt of a grant under \nsection 2, the recipient of such grant shall transmit to the Secretary \nits emergency response plan as well as a plan for conducting exercises \nfor emergency response and public transportation employee training \npurposes pursuant to the guidelines published under subsection (a).\n (c) Exercises.--\n (1) Requirement.--Not later than 1 year after receipt of a \n grant under section 2, the recipient of such grant shall \n conduct an exercise pursuant to the plan for conducting \n exercises transmitted under subsection (b).\n (2) Exemptions.--The Secretary may exempt a grant recipient \n from the requirement under paragraph (1) if the recipient has \n recently conducted an equivalent exercise.\n (3) Notice and report.--Not later than 30 days after \n conducting an exercise under paragraph (1) or as described in \n paragraph (2), the recipient shall notify the Secretary that \n such exercise has been completed, including a description of \n the results of the exercise and findings and lessons learned \n from the exercise, and shall make recommendations for changes, \n if necessary, to existing emergency response plans. If the \n recipient revises an emergency response plan as a result of an \n exercise under this subsection, the recipient shall transmit \n the revised plan to the Secretary not later than 6 months after \n the exercise.\n (d) Technical Assistance.--The Secretary shall provide technical \nassistance in the design, preparation for, and conduct of emergency \nresponse exercises.\n (e) Use of Plans.--The Secretary shall ensure that information \nsubmitted to the Secretary under this section is protected from any \nform of disclosure that might compromise public transportation security \nor trade secrets. Notwithstanding the preceding sentence, the Secretary \nmay use such information, on a nonattributed basis unless otherwise \nagreed to by the source of the information, to aid in developing \nrecommendations, best practices, and materials for use by public \ntransportation authorities to improve security practices and emergency \nresponse capabilities.\n\nSEC. 4. SECURITY BEST PRACTICES.\n\n The Secretary of Homeland Security shall, not later than 120 days \nafter the date of enactment of this Act, develop, disseminate to \nappropriate owners, operators, and providers of public transportation \nsystems, public transportation employees and employee representatives, \nand Federal, State, and local officials, and transmit to the Congress a \nreport containing best practices for the security of public \ntransportation systems. In developing best practices, the Secretary \nshall be responsible for consulting with and collecting input from \nowners, operators, and providers of public transportation systems, \npublic transportation employee representatives, first responders, \nindustry associations, private sector experts, academic experts, and \nappropriate Federal, State, and local officials.\n\nSEC. 5. PUBLIC AWARENESS.\n\n Not later than 90 days after the date of enactment of this Act, the \nSecretary of Homeland Security shall develop a national plan for public \noutreach and awareness. Such plan shall be designed to increase \nawareness of measures that the general public, public transportation \npassengers, and public transportation employees can take to increase \npublic transportation system security. Such plan shall also provide \noutreach to owners, operators, providers, and employees of public \ntransportation systems to improve their awareness of available \ntechnologies, ongoing research and development efforts, and available \nFederal funding sources to improve public transportation security. Not \nlater than 9 months after the date of enactment of this Act, the \nSecretary shall implement the plan developed under this section.\n\nSEC. 6. SECURITY PLAN.\n\n (a) Requirement.--Not later than 1 year after the date of enactment \nof this Act, the Secretary of Homeland Security, in coordination with \nthe Secretary of Transportation and in accordance with the Memorandum \nof Agreement executed under section 7, shall develop a strategic plan \nfor the security of the Nation's public transportation systems and \ntransmit to Congress a report containing a summary of that plan. Such \nplan shall--\n (1) include a comprehensive assessment of risks to the \n Nation's public transportation systems, including an assessment \n of threats of terrorist attack, vulnerabilities against \n terrorist attack, and human, economic, and national security \n consequences of terrorist attack;\n (2) take into account actions taken or planned by both \n public and private entities to address identified security \n issues;\n (3) describe measures for prevention, protection, and \n preparedness, including recommended actions and best practices \n (as described in section 4);\n (4) make prioritized recommendations for improving public \n transportation system security;\n (5) identify specific actions the Federal Government should \n take to provide increased security support for public \n transportation systems, both generally and in periods of high \n or severe threat levels of alert;\n (6) identify measures for coordinating initiatives \n undertaken by the public and private sectors to increase \n security of public transportation systems;\n (7) contain an estimate of the cost to implement measures, \n recommendations, and best practices, and other actions \n contained within the plan;\n (8) identify milestones and timeframes for implementing \n measures, recommendations, and best practices, and other \n actions contained within the plan; and\n (9) identify methods for measuring progress against the \n plan and communicating such progress to owners, operators, and \n providers of public transportation systems and to Congress.\n (b) Implementation.--The Secretary shall begin implementation of \nthe plan not later than 3 months after its development.\n (c) Consultation; Use of Existing Resources.--In developing the \nplan under this section, the Secretary shall be responsible for \nconsulting with and collecting input from owners, operators, and \nproviders of public transportation systems, public transportation \nemployee representatives, first responders, industry associations, \nprivate sector experts, academic experts, and appropriate Federal, \nState, and local officials.\n (d) Format.--The Secretary may submit the report in both classified \nand unclassified formats if the Secretary considers that such action is \nappropriate or necessary.\n (e) 2-Year Updates.--The Secretary, in consultation with the \nSecretary of Transportation, shall update the plan every 2 years, as \nnecessary, and transmit such updated report to Congress.\n\nSEC. 7. MEMORANDUM OF AGREEMENT.\n\n Not later than 60 days after the date of enactment of this Act, the \nSecretary of Homeland Security and the Secretary of Transportation \nshall execute a Memorandum of Agreement governing the roles and \nresponsibilities of the Department of Homeland Security and the \nDepartment of Transportation, respectively, in addressing security \nmatters for public transportation systems, including the process the \ndepartments will follow to promote communications, efficiency, and \nnonduplication of effort. Such Memorandum of Agreement shall also \nestablish a formal mechanism to ensure coordination and the timely \nsharing of expertise and information between the Department of Homeland \nSecurity and the Department of Transportation, as appropriate, in \npublic transportation security.\n\nSEC. 8. NATIONAL TRANSPORTATION SECURITY CENTERS.\n\n (a) Establishment.--The Secretary of Homeland Security shall \nestablish more than 1 but not more than 4 National Transportation \nSecurity Centers at institutions of higher education to assist in \ncarrying out this Act and to conduct research and education, and to \ndevelop or provide professional training, including the training of \npublic transportation employees and public transportation-related \nprofessionals, with emphasis on utilization of intelligent \ntransportation systems, technologies, and architectures.\n (b) Criteria.--The Secretary shall designate the Centers according \nto the following selection criteria:\n (1) The demonstrated commitment of the institution to \n transportation security issues.\n (2) The use of and experience with partnerships with other \n institutions of higher education, Federal laboratories, or \n other nonprofit laboratories.\n (3) Capability to conduct both practical and theoretical \n research and technical systems analysis.\n (4) Utilization of intelligent transportation system \n technologies and architectures.\n (5) Ability to develop professional training programs.\n (6) Capability and willingness to conduct education of \n transportation security professionals.\n (7) Such other criteria that the Secretary may designate.\n (c) Funding.--The Secretary shall provide such funding as is \nnecessary to the National Transportation Security Centers established \nunder subsection (a) to carry out this section.\n\nSEC. 9. WHISTLEBLOWER PROTECTION.\n\n (a) In General.--No employee or other person may be harassed, \nprosecuted, held liable, or discriminated against in any way--\n (1) because that person--\n (A) has commenced or caused to be commenced, or is \n about to commence;\n (B) has testified or is about to testify at; or\n (C) has assisted or participated in, or is about to \n assist or participate in any manner in,\n a proceeding or any other action to enhance public \n transportation security; or\n (2) because that person has refused to violate or assist in \n the violation of any law, rule, or regulation related to public \n transportation security.\n (b) Application of Sarbanes-Oxley Act of 2002 Amendments.--\n (1) Civil action to protect against retaliation in fraud \n cases.--Section 1514A of title 18, United States Code, shall \n apply to subsection (a) of this section as if--\n (A) an act or refusal to act described in \n subsection (a) were described in such section 1514A; \n and\n (B) a violation of subsection (a) were a violation \n of such section 1514A(a).\n (2) Retaliating against a witness, victim, or informant.--\n Section 1513(e) of title 18, United States Code, shall apply to \n a violation of subsection (a) of this section as if the \n violation of subsection (a) were a violation of such section \n 1513.\n\nSEC. 10. DEFINITION.\n\n For the purposes of this Act--\n (1) the term ``public transportation employees'' means \n security personnel, dispatchers, vehicle and vessel operators, \n other onboard employees, maintenance and support personnel, and \n other appropriate employees of owners, operators, and providers \n of public transportation systems; and\n (2) the term ``public transportation systems'' means \n passenger, commuter, and light rail, including Amtrak and \n subways, buses, commuter ferries, and other modes of public \n transit.","summary":"Safe Transit and Rail Awareness and Investments for National Security Act of 2004 - Authorizes the Secretary of Homeland Security to make grants to improve the security of public transportation systems against acts of terrorism. Sets forth grant uses and requirements. Directs grant recipients to submit to the Secretary their emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training pursuant to guidelines published by the Secretary. Directs the Secretary to: (1) develop and disseminate to appropriate owners, operators, and providers of public transportation systems , and Federal, State, and local officials, a report containing best practices for the security of public transportation systems. (2) develop a national plan for public outreach and awareness of measures the public can take to increase public transportation system security. (3) develop a strategic plan for the security of the Nation's public transportation systems. (4) execute in conjunction with the Secretary of Transportation, a Memorandum of Agreement governing the responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems. And (5) establish National Transportation Security Centers at institutions of higher education to assist in carrying out this Act, to conduct research and education, and to develop or provide professional training of public transportation employees. Sets forth certain whistleblower protections for employees or other persons who have commenced, testified at, or participated in, a proceeding to enhance public transportation security, or who have refused to violate or assist in the violation of any regulation related to public transportation security.","title":"To provide for the security of public transportation systems in the United States, and for other purposes.","text_len":18288,"sum_len":1847} {"bill_id":"114_hr3975","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Homebuyer Accessibility Act \nof 2015''.\n\nSEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT.\n\n (a) In General.--Section 36(a) of the Internal Revenue Code of 1986 \nis amended to read as follows:\n ``(a) Allowance of Credit.--In the case of an eligible veteran who \npurchases a principal residence in the United States during the taxable \nyear, there shall be allowed as a credit against the tax imposed by \nthis subtitle for such taxable year an amount equal to 10 percent of \nthe purchase price of the residence.''.\n (b) Additional Limitation for Adaptive Housing Improvements.--\nSection 36(b)(1) of such Code is amended by redesignating subparagraphs \n(B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and \nby inserting after subparagraph (A) the following new subparagraph:\n ``(B) Special rule for adaptive housing \n improvements.--In the case of a principal residence \n with special fixtures or movable facilities made \n necessary by the nature of the disability of the \n veteran, if such fixtures and facilities are--\n ``(i) provided to the veteran pursuant to \n specially adapted housing assistance under \n chapter 17 or 21 of title 38, United States \n Code, or\n ``(ii) similar to such fixtures and \n facilities that would be provided to the \n veteran if the veteran received such \n assistance,\n then subparagraph (A) shall be increased by the lesser \n of $8,000 or the portion of the purchase price of the \n principal residence attributable such fixtures or \n movable facilities.''.\n (c) Eligible Veteran.--\n (1) In general.--Section 36(c)(1) of such Code is amended \n by striking ``First-time homebuyer.--The term `first time \n homebuyer' means any individual'' and inserting ``Eligible \n veteran.--The term `eligible veteran' means any individual who \n is a veteran (as defined in section 101(2) of title 38, United \n States Code)''.\n (2) Long-time resident.--Section 36(c)(6) of such Code is \n amended by striking ``treated as a first-time homebuyer'' and \n inserting ``treated as meeting the no present ownership \n interest requirement of paragraph (1)''.\n (d) Recapture of Credit.--Section 36(f) of such Code is amended to \nread as follows:\n ``(f) Recapture of Credit.--\n ``(1) In general.--If a taxpayer disposes of the principal \n residence with respect to which a credit was allowed under \n subsection (a) (or such residence ceases to be the principal \n residence of the taxpayer (and, if married, the taxpayer's \n spouse)) before the end of the 36-month period beginning on the \n date of the purchase of such residence by the taxpayer the tax \n imposed by this chapter for the taxable year of such \n disposition or cessation shall be increased by the amount of \n the credit so allowed.\n ``(2) Exceptions.--\n ``(A) Death of taxpayer.--Paragraph (1) shall not \n apply to any taxable year ending after the date of the \n taxpayer's death.\n ``(B) Involuntary conversion.--Paragraph (1) shall \n not apply in the case of a residence which is \n compulsorily or involuntarily converted (within the \n meaning of section 1033(a)) if the taxpayer acquires a \n new principal residence during the 2-year period \n beginning on the date of the disposition or cessation \n referred to in paragraph (1). Paragraph (1) shall apply \n to such new principal residence during the 36-month \n period referred to therein in the same manner as if \n such new principal residence were the converted \n residence.\n ``(C) Transfers between spouses or incident to \n divorce.--In the case of a transfer of a residence to \n which section 1041(a) applies--\n ``(i) paragraph (1) shall not apply to such \n transfer, and\n ``(ii) in the case of taxable years ending \n after such transfer, paragraph (1) shall apply \n to the transferee in the same manner as if such \n transferee were the transferor (and shall not \n apply to the transferor).\n ``(D) Special rule for members of the armed forces, \n etc.--\n ``(i) In general.--In the case of the \n disposition of a principal residence by an \n individual (or a cessation referred to in \n paragraph (1)) in connection with Government \n orders received by such individual, or such \n individual's spouse, for qualified official \n extended duty service, paragraph (1) shall not \n apply to such disposition (or cessation).\n ``(ii) Qualified official extended duty \n service.--For purposes of this section, the \n term `qualified official extended duty service' \n means service on qualified official extended \n duty as--\n ``(I) a member of the uniformed \n services,\n ``(II) a member of the Foreign \n Service of the United States, or\n ``(III) an employee of the \n intelligence community.\n ``(iii) Definitions.--Any term used in this \n subparagraph which is also used in paragraph \n (9) of section 121(d) shall have the same \n meaning as when used in such paragraph.\n ``(3) Joint returns.--In the case of a credit allowed under \n subsection (a) with respect to a joint return, half of such \n credit shall be treated as having been allowed to each \n individual filing such return for purposes of this subsection.\n ``(4) Return requirement.--If the tax imposed by this \n chapter for the taxable year is increased under this \n subsection, the taxpayer shall, notwithstanding section 6012, \n be required to file a return with respect to the taxes imposed \n under this subtitle.''.\n (e) Application of Credit.--Section 36(h) of such Code is amended \nto read as follows:\n ``(h) Termination.--This section shall not apply to any residence \npurchased after December 31, 2017.''.\n (f) Assignment of Credit in Case of Construction.--Section 36 of \nsuch Code is amended by adding at the end the following new subsection:\n ``(i) Credit May Be Assigned.--\n ``(1) In general.--In the case of a residence constructed \n by the taxpayer, if such taxpayer elects the application of \n this subsection for any taxable year, any portion of the credit \n determined under this section which is attributable to an \n increase under subparagraph (B) of subsection (b)(1) for such \n year which would (but for this subsection) be allowable to the \n taxpayer may be assigned to any person who is an eligible \n designee. The person so designated shall be allowed the amount \n of the credit so assigned and shall be treated as the taxpayer \n with respect to such credit for purposes of this title (other \n than this paragraph), except that such credit shall be treated \n as a credit listed in section 38(b) for such taxable year (and \n not allowed under subsection (a)).\n ``(2) Eligible designee.--For purposes of paragraph (1), \n the term `eligible designee' means any person who, with respect \n to the residence, provides or installs any improvements, \n special fixtures, or movable facilities to which the credit is \n attributable under subparagraph (B) of subsection (b)(1).\n ``(3) Election requirements.--Any election under paragraph \n (1) shall include such information and shall be made at such \n time, and in such form and manner, as the Secretary shall by \n regulation prescribe.''.\n (g) Conforming Amendments.--\n (1) Section 38(b) of such Code is amended by striking \n ``plus'' at the end of paragraph (35), by striking the period \n at the end of paragraph (36) and inserting ``, plus'', and by \n adding at the end the following new paragraph:\n ``(37) the portion of the veteran first-time homebuyer \n credit assigned to the taxpayer to which the second sentence of \n section 36(i)(1) applies,''.\n (2) The heading for section 1400C(e)(4) of such Code is \n amended by striking ``national first-time homebuyers credit'' \n and inserting ``veteran first-time homebuyers credit''.\n (h) Clerical Amendments.--\n (1) The heading for section 36 of such Code is amended to \n read as follows:\n\n``SEC. 36. VETERAN FIRST-TIME HOMEBUYER CREDIT.''.\n\n (2) The item relating to section 36 in the table of \n sections for subpart C of part IV of subchapter A of chapter 1 \n of such Code is amended to read as follows:\n\n``Sec. 36. Veteran first-time homebuyer credit.''.\n (i) Effective Date.--The amendments made by this section shall \napply to residences purchased after the date of the enactment of this \nAct.\n\nSEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting before \nsection 37 the following new section:\n\n``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT.\n\n ``(a) In General.--In the case of a veteran, there shall be allowed \nas a credit against the tax imposed by this subtitle for any taxable \nyear an amount equal to the amount paid or incurred by the taxpayer for \nqualified adaptive housing improvements for the taxable year.\n ``(b) Limitation.--The credit allowed under subsection (a) shall \nnot exceed $8,000.\n ``(c) Qualified Adaptive Housing Improvement.--For purposes of this \nsection, the term `qualified adaptive housing improvement' means \nspecial fixtures or movable facilities with respect to the principal \nresidence of the veteran which are made necessary by the nature of the \ndisability of the veteran, if such fixtures and facilities are--\n ``(1) provided to the veteran pursuant to specially adapted \n housing assistance under chapter 17 or 21 of title 38, United \n States Code, or\n ``(2) similar to such fixtures and facilities that would be \n provided to the veteran if the veteran received such \n assistance.\n ``(d) Credit May Be Assigned.--\n ``(1) In general.--If the taxpayer elects the application \n of this subsection for any taxable year, any portion of the \n credit under this section for such year which would (but for \n this subsection) be allowable to the taxpayer may be assigned \n to any person who is an eligible designee. The person so \n designated shall be allowed the amount of the credit so \n assigned and shall be treated as the taxpayer with respect to \n such credit for purposes of this title (other than this \n paragraph), except that such credit shall be treated as a \n credit listed in section 38(b) for such taxable year (and not \n allowed under subsection (a)).\n ``(2) Eligible designee.--For purposes of paragraph (1), \n the term `eligible designee' means any person who, with respect \n to the residence, provides or installs any qualified adaptive \n housing improvements to which the credit under this section is \n attributable.\n ``(3) Election requirements.--Any election under paragraph \n (1) shall include such information and shall be made at such \n time, and in such form and manner, as the Secretary shall by \n regulation prescribe.''.\n (b) Conforming Amendments.--\n (1) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``36C,'' after ``36B,''.\n (2) Section 38(b) of the Internal Revenue Code of 1986, as \n amended by section 2, is amended by striking ``plus'' at the \n end of paragraph (36), by striking the period at the end of \n paragraph (37) and inserting ``, and'', and by adding at the \n end the following new paragraph:\n ``(38) the portion of the veteran home mobility improvement \n credit assigned to the taxpayer to which the second sentence of \n section 36C(d)(1) applies.''.\n (3) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting before the item relating to section 37 \n the following new item:\n\n``Sec. 36C. Veteran home mobility improvement credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2014.","summary":"Veterans Homebuyer Accessibility Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to: (1)nbsp. Allow a veteran of the Armed Forces a tax credit for 10 of the purchase price of a principal residence purchased prior to January 1, 2018, (2)nbsp. Allow an additional credit for the cost, not exceeding $8,000 in a taxable year, of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran. And (3) require a recapture of credit amounts if the veteran sells such residence within 36 months after purchasing it.","title":"Veterans Homebuyer Accessibility Act of 2015","text_len":13852,"sum_len":620} {"bill_id":"114_hr6344","text":"SECTION 1. CONVEYANCES OF COVERED LAND.\n\n (a) Definitions.--In this Act:\n (1) County.--The term ``County'' means Mohave County, \n Arizona.\n (2) Covered land.--The term ``covered land'' means any \n Federal land or interest in Federal land in the County \n generally depicted on the Map as ``BLM (S + M) OMC Unpatented \n Mining Claims [4,276 acres]''.\n (3) Map.--The term ``Map'' means the map entitled ``Mineral \n Park Land Status Map'' and dated September 27, 2016.\n (4) Qualified entity.--The term ``qualified entity'' means, \n with respect to a portion of covered land--\n (A) the owner of the mining claims, millsites, or \n tunnel sites on a portion of the covered land on the \n date of the enactment of this Act;\n (B) the lessee, or other successor in interest of \n the owner--\n (i) with the right of possession of the \n mining claims, millsites, or tunnel sites on \n the covered land;\n (ii) that has paid (or whose agent has \n paid) the annual claim maintenance fee or filed \n a maintenance fee waiver on or before September \n 1, 2016, with the authority or consent of the \n owner, for the upcoming assessment year for the \n mining claims, millsites, or tunnel sites \n within the exterior boundary of the portion of \n covered land, as determined based on the claim \n maintenance fee records of the Bureau of Land \n Management as of the date of introduction of \n this Act; and\n (iii) that has the authority or consent of \n the owner to acquire the portion of covered \n land; or\n (C) a subsequent successor to the interest of a \n qualified entity in the covered land that has the \n authority or consent of the owner to acquire the \n portion of covered land.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (b) Land Conveyances.--\n (1) In general.--Subject to paragraph (3), notwithstanding \n the inventory and land use planning requirements of sections \n 201 and 202 or the sales provisions of section 203 of the \n Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, \n 1712, 1713), not later than 180 days after the date of the \n enactment of this Act and subject to valid existing rights held \n by third parties and any mining claims, millsite, or tunnel \n site of a qualified entity applicable to the covered land, the \n Secretary shall offer for sale to qualified entities, for fair \n market value, the remaining right, title, and interest of the \n United States in and to the covered land.\n (2) Conveyance.--Not later than 1 year after the date of \n the acceptance of an offer under paragraph (1) by a qualified \n entity and completion of a sale for all or part of the covered \n land to a qualified entity, the Secretary, by delivery of an \n appropriate deed, patent, or other valid instrument of \n conveyance, shall convey to the qualified entity, all remaining \n right, title, and interest of the United States in and to the \n applicable portion of the covered land.\n (3) Merger.--Subject to valid existing rights held by third \n parties, on delivery of the instrument of conveyance to the \n qualified entity under paragraph (2), any prior interests in \n the locatable minerals and the right to use the surface for \n mineral purposes held by the qualified entity under a mining \n claim, millsite, tunnel site, or any other Federal land use \n authorization applicable to the covered land conveyed to the \n qualified entity, shall merge all right, title, and interest \n conveyed to the qualified entity by the United States under \n this section to ensure that the qualified entity receives fee \n simple title to the purchased covered land.\n (4) Appraisal to determine fair market value.--The \n Secretary shall determine the fair market value of the covered \n land to be conveyed under this subsection in accordance with--\n (A) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.); and\n (B) the Uniform Standards of Professional Appraisal \n Practice.\n (5) Costs.--As a condition of the conveyance of the covered \n land under this section, the qualified entity shall pay all \n costs related to the conveyance of the covered land conveyed, \n including the costs of surveys and other administrative costs \n associated with the conveyance.\n (6) Map on file.--The Map shall be on file and available \n for public inspection in the appropriate offices of the Bureau \n of Land Management.\n (7) Minor corrections.--The Secretary, in consultation with \n the County, may correct minor errors in the Map or a \n description of the covered land.\n (c) Termination.--The authority of the Secretary to sell covered \nland under this section shall terminate on the date that is 10 years \nafter the date of the enactment of this Act.","summary":"This bill directs the Department of the Interior to sell at fair market value specified rights, title, and interest to federal lands in Mohave County, Arizona , to qualified entities . A qualified entity shall receive fee simple title to such covered land. Interior shall determine the market value of the covered land in accordance with: the Federal Land Policy and Management Act of 1976, and the Uniform Standards of Professional Appraisal Practice. Interior's authority to sell covered land expires 10 years after the enactment of this bill.","title":"To authorize the Secretary of the Interior to convey certain Federal land in Mohave County, Arizona, to qualified entities and for other purposes.","text_len":5753,"sum_len":545} {"bill_id":"113_hr1929","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Employment and Training \nThrough Education Act of 2013''.\n\nSEC. 2. PILOT PROJECTS TO REDUCE DEPENDENCY AND INCREASE WORK EFFORT IN \n THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.\n\n Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is \namended by adding at the end the following:\n ``(l) Pilot Projects To Reduce Dependency and Increase Work Effort \nin the Supplemental Nutrition Assistance Program.--\n ``(1) In general.--The Secretary shall carry out, under \n such terms and conditions as the Secretary considers to be \n appropriate, pilot projects to identify best practices for \n employment and training programs under this Act to raise the \n number of work registrants who obtain unsubsidized employment, \n increase their earned income, and reduce their reliance on \n public assistance, including but not limited to the \n supplemental nutrition assistance program.\n ``(2) Selection criteria.--Pilot projects shall be selected \n based on criteria the Secretary establishes, that shall \n include--\n ``(A) enhancing existing employment and training \n programs in the State;\n ``(B) agreeing to participate in the evaluation \n described in paragraph (3), including making available \n data on participants' employment activities and post-\n participation employment, earnings, and public benefit \n receipt;\n ``(C) collaborating with the State workforce board \n and other job training programs in the State and local \n area;\n ``(D) the extent to which the pilot project's \n components can be easily replicated by other States or \n political subdivisions; and\n ``(E) such additional criteria that ensure that the \n pilot projects--\n ``(i) target a variety of populations of \n work registrants, including childless adults, \n parents, and individuals with low skills or \n limited work experience;\n ``(ii) are selected from a range of \n existing employment and training programs \n including programs that provide--\n ``(I) section 20 workfare;\n ``(II) skills development for work \n registrants with limited employment \n history;\n ``(III) post-employment support \n services necessary for maintaining \n employment; and\n ``(IV) education leading to a \n recognized postsecondary credential, \n registered apprenticeship, or secondary \n school diploma or its equivalent;\n ``(iii) are located in a range of \n geographic areas, including rural, urban, and \n Indian reservations; and\n ``(iv) include participants who are exempt \n and not exempt under section (6)(d)(2).\n ``(3) Evaluation.--The Secretary shall provide for an \n independent evaluation of projects selected under this \n subsection to measure the impact of the pilot projects on the \n ability of each pilot project target population to find and \n retain employment that leads to increased household income and \n reduced dependency, compared to what would have occurred in the \n absence of the pilot project.\n ``(4) Report to congress.--By September 30, 2017, the \n Secretary shall submit, to the Committee on Agriculture of the \n House of Representatives and the Committee on Agriculture, \n Nutrition, and Forestry of the Senate, a report that includes a \n description of--\n ``(A) the results of each pilot project, including \n an evaluation of the impact of the project on the \n employment, income, and public benefit receipt of the \n targeted population of work registrants;\n ``(B) the Federal, State, and other costs of each \n pilot project;\n ``(C) the planned dissemination of the reports' \n findings with State agencies; and\n ``(D) the steps and funding necessary to \n incorporate components of pilot projects that \n demonstrate increased employment and earnings into \n State employment and training programs.\n ``(5) Funding.--From amounts made available under section \n 18(a)(1), the Secretary shall make $10,000,000 available for \n each of the fiscal years 2014, 2015, and 2016 to carry out this \n subsection. Such amounts shall remain available until expended.\n ``(6) Use of funds.--\n ``(A) Funds provided under this subsection for \n pilot projects shall be used only for--\n ``(i) pilot projects that comply with the \n provisions of this Act;\n ``(ii) the costs and administration of the \n pilot projects;\n ``(iii) the costs incurred in providing \n information and data to the independent \n evaluation under paragraph (3); and\n ``(iv) the costs of the evaluation under \n paragraph (3).\n ``(B) Funds made available under this subsection \n may not be used to supplant non-Federal funds used for \n existing employment and training activities.''.","summary":"Enhancing Employment and Training Through Education Act of 2013 - Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture (USDA) to carry out pilot projects to identify best practices for employment and training programs to increase the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program . Sets forth selection criteria.","title":"Enhancing Employment and Training Through Education Act of 2013","text_len":6213,"sum_len":510} {"bill_id":"110_hr3499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Products Safety Act of \n2007''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act and the amendments made by this Act is to \nprevent the introduction of dangerous toys and other products used by \nchildren into the marketplace by requiring independent third-party \ntesting and certification that toys and other products intended for use \nby children comply with consumer product safety standards and rules \nbefore they enter the interstate stream of commerce.\n\nSEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH \n CONSUMER PRODUCT SAFETY RULES.\n\n (a) Expansion of Certification Requirement To Include Certification \nfor Compliance With All Consumer Product Safety Rules Promulgated Under \nActs Administered by the Consumer Product Safety Commission.--\nSubsection (a) of section 14 of the Consumer Product Safety Act (15 \nU.S.C. 2063) is amended--\n (1) by redesignating paragraph (2) as paragraph (5);\n (2) in paragraph (1)--\n (A) by striking ``Every manufacturer'' and \n inserting ``Except as provided in paragraph (2),''; and\n (B) by designating the second and third sentences \n as paragraphs (3) and (4), respectively, and indenting \n the margin of such paragraphs, as so designated, 2 ems \n from the left margin;\n (3) by inserting after paragraph (1) the following:\n ``(2) Every manufacturer of a children's product (and the \n private labeler of such product if it bears a private label) \n which is subject to a consumer product safety standard under \n this Act or a rule under this or any other Act administered by \n the Commission declaring a consumer product a banned hazardous \n product shall issue a certificate which shall certify that such \n product conforms to such consumer product safety standard or is \n not a banned hazardous product under such rule, and shall \n specify such consumer product safety standard or such rule.'';\n (4) in paragraph (3), as redesignated by paragraph (2)(B), \n by striking ``Such certificate shall'' and inserting ``A \n certificate required under this subsection shall''; and\n (5) in paragraph (5), as redesignated by paragraph (1)--\n (A) by striking ``required by paragraph (1) of this \n subsection'' and inserting ``required by paragraph (1) \n or (2) (as the case may be)''; and\n (B) by striking ``requirement under paragraph (1)'' \n and inserting ``requirement under paragraph (1) or (2) \n (as the case may be)''.\n (b) Third-Party Certification Required.--Subsection 14(b) of the \nConsumer Product Safety Act (15 U.S.C. 2063(b)) is amended--\n (1) by striking ``The Commission may'' and inserting ``(1) \n The Commission may'';\n (2) by designating the second sentence as paragraph (2) and \n indenting the margin of such paragraph, as so designated, 2 ems \n from the left margin;\n (3) in paragraph (2), as so designated, by striking ``Any \n test or'' and inserting ``Except as provided in paragraph (3), \n any test or''; and\n (4) by adding at the end the following:\n ``(3) In the case of a children's product, any test or \n testing program on the basis of which a certificate is issued \n under subsection (a)(2) shall be conducted by a nongovernmental \n independent third party qualified to perform such tests or \n testing programs.''.\n (c) Definition of Children's Products and Independent Third \nParty.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) \nis amended by adding at the end the following:\n ``(d) Definitions.--In this section:\n ``(1) Children's product.--The term `children's product' \n means a toy or other article intended for use by a child under \n 60 months of age that is introduced into the interstate stream \n of commerce. In determining whether a toy or article is \n intended for use by a child under 60 months of age, the \n following factors shall be considered:\n ``(A) A statement by a manufacturer about the \n intended use of such toy or article, including a label \n on such toy or article, if such statement is \n reasonable.\n ``(B) The context and manner of the advertising, \n promotion, and marketing associated with the toy or \n article.\n ``(C) Whether the toy or article is commonly \n recognized by consumers as being intended for use by a \n child under 60 months of age.\n ``(D) The Age Determination Guideline issued by the \n Consumer Product Safety Commission in September 2002 \n and any subsequent version of such Guideline.\n ``(2) Independent third party.--The term `independent third \n party', with respect to a testing entity, means an independent \n testing entity that is physically separate from any \n manufacturer or private labeler whose product will be tested by \n such entity, and is not owned, managed, controlled, or directed \n by such manufacturer or private labeler.''.\n (d) Label and Certification.--Not later than 180 days after the \ndate of the enactment of this Act, the Consumer Product Safety \nCommission shall prescribe a rule in accordance with subsection (c) of \nsection 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for \nchildren's products described in subsection (d)(1) of such section, as \nadded by subsection (c) of this section.\n\nSEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-\n PARTY TESTING CERTIFICATION.\n\n Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) \nis amended--\n (1) in paragraph (4), by striking ``or'' at the end;\n (2) in paragraph (5), by striking the period at the end and \n inserting a semicolon and ``or''; and\n (3) by adding at the end the following:\n ``(6) is a children's product, as that term is defined in \n section 14(d), that is not accompanied by a certificate from a \n third-party verification entity required by section \n 14(a)(2).''.","summary":"Children's Products Safety Act of 2007 - Amends the Consumer Product Safety Act to require every manufacturer of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product. Bars importation of such articles lacking independent third party certification.","title":"To amend the Consumer Product Safety Act to require third-party verification of compliance of children's products with consumer product safety standards promulgated by the Consumer Product Safety Commission, and for other purposes.","text_len":6573,"sum_len":609} {"bill_id":"103_hr554","text":"SECTION 1. ALLOWANCE OF DEDUCTION.\n\n (a) Deduction for Political Contributions.--\n (1) General rule.--Part VII of subchapter B of chapter 1 of \n the Internal Revenue Code of 1986 is amended by inserting after \n section 217 the following:\n\n``SEC. 218. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction any political contribution payment of \nwhich is made by such individual within the taxable year.\n ``(b) Limitations.--\n ``(1) Amount.--The deduction under subsection (a) shall not \n exceed $100 ($200) in the case of a joint return under section \n 6013).\n ``(2) Verification.--The deduction under subsection (a) \n shall be allowed, with respect to any political contribution, \n only if such contribution is verified in such manner as the \n Secretary shall prescribe by regulations.\n ``(c) Definitions.--For purposes of this section, the term--\n ``(1) `candidate' means, with respect to any Federal, \n State, or local elective public office, an individual who\n ``(A) publicly announces before the close of the \n calendar year following the calendar year in which the \n contribution or gift is made that he is a candidate for \n nomination or election to such office; and\n ``(B) meets the qualifications prescribed by law to \n hold such office.\n ``(2) `local' means a political subdivision or part \n thereof, or 2 or more political subdivisions or parts thereof, \n of a State;\n ``(3) `national political party' means--\n ``(A) in the case of contributions made during a \n taxable year of the taxpayer in which the electors of \n President and Vice President are chosen, a political \n party presenting candidates or electors for such \n offices on the official election ballot of 10 or more \n States, or\n ``(B) in the case of contributions made during any \n other taxable year of the taxpayer, a political party \n which met the qualifications described in subparagraph \n (A) in the last preceding election of a President and \n Vice President;\n ``(4) `political contribution' means a contribution or gift \n of money to--\n ``(A) an individual who is a candidate for \n nomination or election to any Federal, State, or local \n elective office in any primary, general, or special \n election, for use by such individual to further his \n candidacy for nomination or election to such office;\n ``(B) any committee, association, or organization \n (whether or not incorporated) organized and operated \n exclusively for the purpose of influencing, or \n attempting to influence, the nomination or election of \n one or more individuals who are candidates for \n nomination or election to any Federal, State, or local \n elective public office, for use by such committee, \n association, or organization to further the candidacy \n of such individual or individuals for nomination or \n election to such office;\n ``(C) the national committee of a national \n political party;\n ``(D) the State committee of a national political \n party as designated by the national committee of such \n party; or\n ``(E) a local committee or a national political \n party as designated by the State committee of such \n party designated under subparagraph (D); and\n ``(5) `State' means the various States and the District of \n Columbia.\n ``(d) Cross Reference.--\n\n ``For disallowance of deduction to \nestates and trusts, see section 642(j).''\n (2) Conforming amendment.--The table of sections for part \n VII of subchapter B of chapter 1 of such Code is amended by \n inserting after the item relating to section 217 the following:\n\n ``Sec. 218. Contribution to candidates \n for public office.''\n (b) Disallowance of Deduction to Estates and Trusts.--Section 642 \nof such Code is amended by adding at the end the following:\n ``(j) Political Contributions.--An estate or trust shall not be \nallowed the deduction for contributions to candidates for public office \nprovided by section 218.''\n\nSEC. 2. EFFECTIVE DATE.\n\n The amendments made by section 1 shall apply to taxable years \nbeginning after December 31, 1993.","summary":"Amends the Internal Revenue Code to allow individuals a tax deduction of up to $100 for political contributions.","title":"To amend the Internal Revenue Code of 1986 to allow individuals a deduction of up to $100 for contributions made to candidates for public office.","text_len":5018,"sum_len":112} {"bill_id":"106_hr906","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civic Participation and \nRehabilitation Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The right to vote is the most basic constitutive act of \n citizenship and regaining the right to vote reintegrates \n offenders into free society. The right to vote may not be \n abridged or denied by the United States or by any State on \n account of race, color, gender or previous condition of \n servitude. Basic constitutional principles of fairness and \n equal protection require an equal opportunity for Americans to \n vote in Federal elections. Congress has ultimate supervisory \n power over Federal elections, an authority which has repeatedly \n been upheld by the Supreme Court.\n (2) Congress finds three areas where discrepancies in State \n laws regarding felony convictions lead to unfairness in Federal \n elections: (A) there is no uniform standard for voting in \n Federal elections which leads to an unfair disparity and \n unequal participation in Federal elections based solely on \n where a person lives; (B) laws governing the restoration of \n voting rights after a felony conviction are unequal throughout \n the country and persons in some States can easily regain their \n voting rights while in other States persons effectively lose \n their right to vote permanently; and (C) State \n disenfranchisement laws disproportionately impact ethnic \n minorities.\n (3) Although State law determines the qualifications for \n voting, Congress must ensure that those laws are in accordance \n with the Constitution. Current laws vary throughout the country \n resulting in discrepancies regarding which citizens may vote in \n Federal elections.\n (4) An estimated 3,900,000 Americans, or one in fifty \n adults, currently cannot vote as a result of a felony \n conviction. Women represent about a half million of this total. \n Disenfranchisement results from varying State laws that \n restrict voting while under some form of criminal justice \n supervision or after the completion of a felony sentence in \n some States. Four States do not disenfranchise felons at all \n (Maine, Massachusetts, New Hampshire, and Vermont). Forty-six \n States and the District of Columbia have disenfranchisement \n laws that deprive convicted offenders of the right to vote \n while they are in prison. In thirty-two States, convicted \n offenders may not vote while they are on parole and in twenty-\n nine States probationers may not vote. Fourteen States \n disenfranchise ex-offenders who have fully served their \n sentences, regardless of the nature or seriousness of the \n offense. Three-fourths (73%) of the 3,900,000 disqualified \n voters are not in prison, but are on probation, parole or are \n ex-offenders.\n (5) In those States that disenfranchise ex-offenders, the \n right to vote can be regained in theory, but in practice this \n possibility is often illusory. In eight States, a pardon or \n order from the Governor is required. In two States, ex-\n offenders must obtain action by the parole or pardon board. \n Offenders convicted of a Federal offense often have additional \n barriers to regaining voting rights. In at least 16 States, \n Federal offenders cannot use the State procedure for restoring \n their civil rights. The only method provided by Federal law for \n restoring voting rights to ex-offenders is a Presidential \n pardon. Few persons who seek to have their right to vote \n restored have the financial and political resources needed to \n succeed.\n (6) Thirteen percent of the African American adult male \n population, or 1,400,000 African American men, are \n disenfranchised. Given current rates of incarceration, three in \n ten of the next generation of black men will be disenfranchised \n at some point during their lifetime. Hispanic citizens are also \n disproportionately disenfranchised since they are \n disproportionately represented in the criminal justice system.\n (7) These discrepancies should be addressed by Congress. \n Basic concepts of fundamental fairness and equal protection \n require an equal opportunity for Americans to vote in Federal \n elections. This Act will restore fairness in the Federal \n election process and promote reintegration of former offenders \n into a life as law abiding citizens of the United States.\n\nSEC. 3. RIGHTS OF CITIZENS.\n\n The right of an individual who is a citizen of the United States to \nvote in any election for Federal office shall not be denied or abridged \nbecause that individual has been convicted of a criminal offense unless \nsuch individual is serving a felony sentence in a correctional \ninstitution or facility at the time of the election.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Attorney General.--The Attorney General may, in a civil action, \nobtain such declaratory or injunctive relief as is necessary to remedy \na violation of this Act.\n (b) Private Right of Action.--\n (1) A person who is aggrieved by a violation of this Act \n may provide written notice of the violation to the chief \n election official of the State involved.\n (2) Except as provided in paragraph (3), if the violation \n is not corrected within 90 days after receipt of a notice under \n paragraph (1), or within 20 days after receipt of the notice if \n the violation occurred within 120 days before the date of an \n election for Federal office, the aggrieved person may, in a \n civil action obtain declaratory or injunctive relief with \n respect to the violation.\n (3) If the violation occurred within 30 days before the \n date of an election for Federal office, the aggrieved person \n need not provide notice to the chief election official of the \n State under paragraph (1) before bringing a civil action to \n obtain declaratory or injunctive relief with respect to the \n violation.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``correctional institution or facility'' means \n any prison, penitentiary, jail, or other institution or \n facility for the confinement of individuals convicted of \n criminal offenses, whether publicly or privately operated, \n except that such term does not include any residential \n community treatment center (or similar public or private \n facility);\n (2) the term ``election'' means--\n (A) a general, special, primary, or runoff \n election;\n (B) a convention or caucus of a political party \n held to nominate a candidate;\n (C) a primary election held for the selection of \n delegates to a national nominating convention of a \n political party; or\n (D) a primary election held for the expression of a \n preference for the nomination of persons for election \n to the office of President; and\n (3) the term ``Federal office'' means the office of \n President or Vice President of the United States, or of Senator \n or Representative in, or Delegate or Resident Commissioner to, \n the Congress of the United States.\n\nSEC. 6. RELATION TO OTHER LAWS.\n\n (a) Nothing in this Act shall be construed to prohibit the States \nenacting any State law which affords the right to vote in any election \nfor Federal office on terms less restrictive than those established by \nthis Act.\n (b) The rights and remedies established by this Act are in addition \nto all other rights and remedies provided by law, and neither rights \nand remedies established by this Act shall supersede, restrict, or \nlimit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 \net seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).","summary":"Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a US citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense, unless the individual is serving a felony sentence in a correctional institution or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements.","title":"Civic Participation and Rehabilitation Act of 1999","text_len":8411,"sum_len":576} {"bill_id":"111_hr5044","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Fraud Enforcement and \nPrevention Act of 2010''.\n\nSEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID \n FRAUD.\n\n (a) In General.--Section 1128B of the Social Security Act (42 \nU.S.C. 1320a-7b) is amended--\n (1) in subsection (a), by striking ``$10,000 or imprisoned \n for not more than one year'' and inserting ``$20,000 or \n imprisoned for not more than two years''; and\n (2) in each of subsections (a), (b)(1), (b)(2), (c), and \n (d), by striking ``$25,000 or imprisoned for not more than five \n years'' and inserting ``$50,000 or imprisoned for not more than \n 10 years''.\n (b) Illegal Distribution of Medicare or Medicaid Beneficiary \nIdentification or Billing Privileges.--Section 1128B of such Act (42 \nU.S.C. 1320a-7b) is amended by adding at the end the following new \nsubsection:\n ``(g) Whoever knowingly, intentionally, and with the intent to \ndefraud purchases, sells, or distributes, or arranges for the purchase, \nsale, or distribution of two or more Medicare or Medicaid beneficiary \nidentification numbers or billing privileges under title XVIII or title \nXIX shall be imprisoned for not more than three years or fined under \ntitle 18, United States Code (or, if greater, an amount equal to the \nmonetary loss to the Federal and any State government as a result of \nsuch acts), or both.''.\n (c) Effective Date.--The amendments made by this section shall \napply to acts committed on or after the date of the enactment of this \nAct.\n\nSEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID \n FRAUD.\n\n (a) Civil Monetary Penalties Law Alignment and Other Changes.--\n (1) Section 1128A(a) of the Social Security Act (42 U.S.C. \n 1320a-7a(a)) is amended--\n (A) in paragraph (1), by striking ``to an officer, \n employee, or agent of the United States, or of any \n department or agency thereof, or of any State agency \n (as defined in subsection (i)(1)),'';\n (B) by inserting after paragraph (10), as added by \n section 6402(d)(2) of the Patient Protection and \n Affordable Care Act (Public Law 111-148) the following \n new paragraphs:\n ``(11) conspires to commit a violation of this section; or\n ``(12) knowingly makes, uses, or causes to be made or used, \n a false record or statement material to an obligation to pay or \n transmit money or property to a Federal health care program, or \n knowingly conceals or knowingly and improperly avoids or \n decreases an obligation to pay or transmit money or property to \n a Federal health care program;'';\n (C) in the first sentence--\n (i) by striking ``or in cases under \n paragraph (9)'' and inserting ``in cases under \n paragraph (9)''; and\n (ii) by striking ``fact)'' and inserting \n ``fact), in cases under paragraph (11), $50,000 \n for any violation described in this section \n committed in furtherance of the conspiracy \n involved, and in cases under paragraph (12), \n $50,000 for each false record or statement, or \n concealment, avoidance, or decrease''; and\n (D) in the second sentence, by striking ``material \n fact).'' and inserting ``material fact); or in cases \n under paragraph (11), an assessment of not more than 3 \n times the total amount that would otherwise apply for \n any violation described in this section committed in \n furtherance of the conspiracy involved; or in cases \n under paragraph (12), an assessment of not more than 3 \n times the total amount of the obligation to which the \n false record or statement was material or that was \n avoided or decreased.''.\n (2) Section 1128A(c)(1) of the Social Security Act (42 \n U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and \n inserting ``10 years''.\n (3) Section 1128A(i) of the Social Security Act (42 U.S.C. \n 1320a-7a(i)) is amended--\n (A) by amending paragraph (2) to read as follows:\n ``(2) The term `claim' means any application, request, or \n demand, whether under contract, or otherwise, for money or \n property for items and services under a Federal health care \n program (as defined in section 1128B(f)), whether or not the \n United States or a State agency has title to the money or \n property, that--\n ``(A) is presented or caused to be presented to an \n officer, employee, or agent of the United States, or of \n any department or agency thereof, or of any State \n agency (as defined in subsection (i)(1)); or\n ``(B) is made to a contractor, grantee, or other \n recipient if the money or property is to be spent or \n used on the Federal health care program's behalf or to \n advance a Federal health care program interest, and if \n the Federal health care program--\n ``(i) provides or has provided any portion \n of the money or property requested or demanded; \n or\n ``(ii) will reimburse such contractor, \n grantee, or other recipient for any portion of \n the money or property which is requested or \n demanded.'';\n (B) by amending paragraph (3) to read as follows:\n ``(3) The term `item or service' means, without limitation, \n any medical, social, management, administrative, or other item \n or service used in connection with or directly or indirectly \n related to a Federal health care program.'';\n (C) in paragraph (7)--\n (i) by striking ``term `should know' \n means'' and inserting ``terms `knowing', \n `knowingly', and `should know' mean'';\n (ii) by redesignating subparagraphs (A) and \n (B) as subparagraphs (B) and (C), respectively;\n (iii) by inserting before subparagraph (B), \n as redesignated by clause (ii), the following \n new subparagraph:\n ``(A) has actual knowledge of the information;''; \n and\n (iv) in the matter following subparagraph \n (C), as redesignated by clause (ii)--\n (I) by inserting ``require'' after \n ``and''; and\n (II) by striking ``is required''; \n and\n (D) by adding at the end the following new \n paragraphs:\n ``(8) The term `obligation' means an established duty, \n whether or not fixed, arising from an express or implied \n contractual, grantor-grantee, or licensor licensee \n relationship, from a fee-based or similar relationship, from \n statute or regulation, or from the retention of any \n overpayment.\n ``(9) The term `material' means having a natural tendency \n to influence, or be capable of influencing, the payment or \n receipt of money or property.''.\n (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) \nof the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by \nstriking clauses (i) and (ii) of paragraph (15)(A) and inserting the \nfollowing:\n ``(i) who has or had a direct or indirect \n ownership or control interest in a sanctioned \n entity at the time of and who knew or should \n have known (as defined in section 1128(i)(7)) \n of any of the conduct that formed a basis for \n the conviction or exclusion described in \n subparagraph (B); or\n ``(ii) who is or was an officer or managing \n employee (as defined in section 1126(b)) of \n such an entity at the time of any of the \n conduct that formed a basis for the conviction \n or exclusion so described.''.\n (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the \nSocial Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section \n6402(h) of the Patient Protection and Affordable Care Act (Public Law \n111-148), is amended by striking ``may'' and inserting ``shall''.\n (d) Civil Monetary Penalties for False Statements or Delaying \nInspections.--Paragraph (9) of section 1128A(a) of the Social Security \nAct (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient \nProtection and Affordable Care Act (Public Law 111-148), is amended by \ninserting ``or to timely provide information in response to a request \nauthorized by section 1128J(b),'' after ``regulations),''.\n\nSEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC \n TECHNOLOGY PILOT PROGRAM.\n\n (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social \nSecurity Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3) \nof the Patient Protection and Affordable Care Act (Public Law 111-148), \nis amended by striking ``may'' and inserting ``shall''.\n (b) Access to Real Time Claims and Payment Data.--\nSection1128J(a)(2) of the Social Security Act, as added by section \n6402(a) of the Patient Protection and Affordable Care Act (Public Law \n111-148), is amended--\n (1) by inserting ``including real time claims and payment \n data,'' after ``access to claims and payment data''; and\n (2) by adding at the end the following sentence: ``In \n carrying out this section, the Inspector General of the \n Department of Health and Human Services, in consultation with \n the Attorney General, shall implement mechanisms for the \n sharing of information about suspected fraud relating to the \n Federal health care programs under titles XVIII, XIX, and XXI \n with other appropriate law enforcement officials.''.\n (c) Biometric Technology Pilot Program.--\n (1) In general.--By not later than one year after the date \n of the enactment of this Act, the Secretary of Health and Human \n Services shall carry out a 5-year pilot program that implements \n biometric technology to ensure that individuals entitled to \n benefits under part A of title XVIII of the Social Security Act \n or enrolled under part B of such title are physically present \n at the time and place of receipt of certain items and services \n (specified by the Secretary) for which payment may be made \n under such title. Under such pilot program the Secretary may \n provide for financial incentives to encourage voluntary \n participation of providers of services (as defined in section \n 1861(u) of such Act) and suppliers (as defined in section \n 1861(d) of such Act).\n (2) Reports.--The Secretary of Health and Human Services \n shall, for each of the third, fourth, and fifth years of the \n pilot program under paragraph (1), submit to Congress a report \n on the effectiveness of the pilot program in reducing the \n occurrence of waste, fraud, and abuse in the Medicare program \n under title XVIII of the Social Security Act.\n (3) Authorization of appropriations.--For purpose of \n carrying out paragraph (1), there is authorized to be \n appropriated such sums as may be necessary.\n\nSEC. 5. GAO STUDY AND REPORT.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study on Medicare administrative contractors under section \n1874A of the Social Security Act, including Recovery Audit Contractors, \nregarding the following areas:\n (1) Training and expertise in identifying fraud, including \n the education levels of the key individuals tasked to identify \n or refer potential cases of fraud, and whether the Centers for \n Medicare & Medicaid Services should be providing more training \n to contractors, or require contractors to hire experts with \n greater medical training.\n (2) Acquisition and implementation of data mining software \n among Medicare administrative contractors, if applicable, and \n the ability or availability of such software to provide real-\n time data mining capabilities.\n (b) Report.--Not later than one year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall complete the study under this section and submit a report to \nCongress regarding the findings of the study and recommendations for \nlegislation and administrative action.","summary":"Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims. And (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.","title":"To provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contractors.","text_len":13612,"sum_len":1895} {"bill_id":"106_hr1510","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Justice Act of 1999''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to identify those areas which are subject to the \n highest levels of toxic chemicals, through all media;\n (2) to require the collection of data on environmental \n health effects so that impacts on different individuals or \n groups can be understood;\n (3) to assess the health effects that may be caused by \n emissions in those areas of highest impact;\n (4) to ensure that groups or individuals residing within \n those areas of highest impact have the opportunity to \n participate in developing solutions to environmental and health \n problems confronting their community;\n (5) to promote technologies and practices that reduce or \n eliminate pollution; and\n (6) to promote the development and maintenance of parks and \n green open spaces in polluted communities.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the United States Environmental Protection \n Agency.\n (2) Environmental high impact area.--The terms \n ``Environmental High Impact Area'' and ``EHIA'' mean the 20 \n counties or other geographic units that are designated pursuant \n to section 101.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Department of Health and Human Services.\n (4) Toxic chemicals.--The term ``toxic chemicals'' includes \n all substances as defined in section 101(14) of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980; any hazardous waste listed or identified \n pursuant to the Solid Waste Disposal Act; any pollutant for \n which air quality standards have been issued pursuant to the \n Clean Air Act; any pollutant for which water quality standards \n have been issued pursuant to the Clean Water Act; any pollutant \n for which a national primary drinking water regulation has been \n issued pursuant to the Safe Drinking Water Act; all materials \n registered pursuant to the Federal Insecticide, Fungicide, and \n Rodenticide Act; and all substances and chemicals subject to \n reporting obligations pursuant to the Emergency Planning and \n Community Right-to-Know Act. The Adminis-\n\n trator may add other substances as deemed appropriate.\n (5) Toxic chemical facilities.--The term ``toxic chemical \n facilities'' includes all facilities including Federal \n facilities subject to a permit, inspection or review, or \n registration requirement pursuant to the authority of the Solid \n Waste Disposal Act; the Clean Air Act; the Clean Water Act; the \n Federal Insecticide, Fungicide and Rodenticide Act; and the \n OSHA Hazard Communication Standard; as well as any facility \n subject to reporting obligations pursuant to the Emergency \n Planning and Community Right-to-Know Act. The Administrator \n shall have the authority to examine the level of toxic \n chemicals released into the environment by facilities not \n currently subject to Federal review, inspection, or reporting \n requirements if (A) a facility is believed to produce a high \n level of environmental pollution, and (B) the Administrator is \n petitioned by individuals or groups within such EHIA to conduct \n the review.\n\n TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS\n\nSEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.\n\n (a) Publication of Method.--Within 12 months after the enactment of \nthis Act, the Administrator shall publish for public comment the method \nfor selecting the EHIAs.\n (b) Determination of Impacted Areas.--Within 18 months after the \ndate of enactment of this Act, the Administrator shall publish a list \nof 20 Environmental High Impact Areas that are either counties or other \nappropriate geographic units in which high levels of chemicals are \npresent and in which the population is exposed to such chemicals. The \nAdministrator shall also take into consideration any geographical areas \nsuggested for review by the Agency for Toxic Substances and Disease \nRegistry, the National Center for Environmental Health, the National \nCenter for Health Statistics, other appropriate Federal agencies, and \nState and local health authorities.\n (c) Revision and Republication.--The Administrator shall revise and \nrepublish the list described in subsection (a) of this section not less \nthan every 5 years, using data compiled for that 5-year period.\n (d) Compilation of List.--In selecting a methodology and compiling \nor revising the list of EHIAs, the Administrator shall--\n (1) use the most recent data available;\n (2) take into account the relative toxicity of the toxic \n chemicals;\n (3) determine, with the best available data, the actual and \n potential exposures, and toxicity of the toxic chemicals \n present in each impacted area;\n (4) consider and utilize all appropriate data compiled \n pursuant to any environmental regulatory authority and other \n sources, including but not limited to available data on lead-\n based paint and the existence of pollutants from mobile \n sources;\n (5) distinguish between toxic chemicals which are (A) in a \n contained, controlled environment such as barrels, factories, \n warehouses, or lined landfills; and (B) released into the air, \n water, soil or groundwater of the area; and\n (6) take into account the impact of pollution in high \n population density areas.\n\n TITLE II--ENFORCEMENT INITIATIVES\n\nSEC. 201. MANDATORY INSPECTION.\n\n To assure that facilities with the highest potential for release of \ntoxic chemicals into the environment are operating in compliance with \nall applicable environmental, health and safety standards, the \nAdministrator, and the Assistant Secretary of the Occupational Safety \nand Health Administration shall conduct compliance inspections or \nreviews of all toxic chemical facilities in Environmental High Impact \nAreas subject to their respective jurisdictions within 1 year after the \npublication of each list of EHIAs under title I.\n\n TITLE III--COMMUNITY PARTICIPATION\n\nSEC. 301. TECHNICAL ASSISTANCE GRANTS.\n\n The Administrator shall make a technical assistance grant available \nto any individual or group of individuals in an EHIA. Such grants shall \nbe used to seek guidance from independent experts for the purpose of \nimproving understanding of environmental and health concerns related to \ndesignation as an EHIA. Not more than one grant may be made with \nrespect to each EHIA, but the grant may be renewed to facilitate public \nparticipation where necessary.\n\n TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS\n\nSEC. 401. SECRETARIAL STUDY.\n\n Within 2 years after the publication of each list of EHIAs under \ntitle I, the Secretary shall issue for public comment a report \nidentifying the methodology used and nature and extent, if any, of \nacute and chronic impacts on human health in EHIAs as compared to non-\nEHIAs, including impacts on subgroups within EHIAs. Such impacts shall \ninclude but not be limited to cancer, birth deformities, infant \nmortality rates, and respiratory diseases. The report shall be \ncoordinated by the Administrator of the Agency for Toxic Substances and \nDisease Registry and shall involve the community being assessed. The \nATSDR shall work closely with the Directors of the National Institute \nfor Environmental Health Sciences, the National Center for Health \nStatistics, and other appropriate Federal agencies to coordinate the \nreport, relying on the expertise of leading health and environmental \nscientists. The health assessment shall seek to--\n (1) isolate the impacts of environmental pollution;\n (2) segregate the effects of other factors such as health \n care availability or substance abuse or diet;\n (3) evaluate the levels below which release of toxic \n chemicals, either individually or cumulatively, must be reduced \n to avoid adverse impacts on human health; and\n (4) determine the impacts of uncontrolled releases.\nIn conducting health assessments, the Administrator of the Agency for \nToxic Substances and Disease Registry and other Federal agencies shall \nconsider: the differential sensitivities to exposures for vulnerable \ngroups; the effects of low levels of a toxin over a period of time; \ncumulative and synergistic effects of multiple toxins; and \nmethodological issues for studying exposures and diseases among small \nnumbers of people, including units of measurement and analyses \nsensitive to disease clusters; and demographic information relevant for \na determination of environmental justice concerns. As a result of the \nreport in communities where the Administrator of the Agency for Toxic \nSubstances Disease Registry has determined that adverse health impacts \nexist, the agency shall also make this information readily available to \nmembers of the community by providing information directly to the \naffected communities and tribal governments in the Environmental High \nImpact Areas.\n\nSEC. 402. MORATORIUM.\n\n If the report under section 401 finds significant adverse impacts \nof environmental pollution on human health in EHIAs, there shall be a \nmoratorium on the siting or permitting of any new toxic chemical \nfacility in any EHIA shown to emit toxic chemicals in quantities found \nto cause significant adverse impacts on human health. A new toxic \nchemical facility may be cited or permitted in such an EHIA during this \nperiod only if the Secretary and Administrator agree that--\n (1) there will be no significant adverse impacts to human \n health;\n (2) the owner or operator of the facility demonstrates that \n the facility has developed a plan to maintain a comprehensive \n pollution prevention program; and\n (3) the facility demonstrates that it will minimize \n uncontrolled releases into the environment.\nThe moratorium shall continue in effect in such an EHIA until the \nAdministrator determines, upon petition of any interested party, that \nthe health-based levels identified pursuant to section 401(5) have been \nattained at the EHIA.\n\n TITLE V--HEALTH REMEDIES\n\nSEC. 501. HEALTH SCREENING AND TREATMENT GRANTS.\n\n Within 1 year after the Secretary's biennial health assessment is \nreleased, in EHIAs shown to have adverse health outcomes related to \nenvironmental exposures, the Secretary shall establish a grant program \nto make available to public and nonprofit private entities awards for \nthe purposes of providing community-wide medical screening and \ndiagnostic services for environmentally related illnesses. Treatment \nservices shall be provided for community residents with environmentally \nrelated illnesses if they lack private or public health insurance, and \nshall continue as long as medically necessary. Following community \nscreening, the Secretary shall initiate a review of medical services \nwithin EHIAs to determine if the area or population would qualify as \n``medically underserved'' or a ``health professional shortage area''.\n\n TITLE VI--POLLUTION REDUCTION\n\nSEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS.\n\n In EHIAs where the Secretary has determined that adverse health \noutcomes are related to environmental exposures, the Administrator \nshall immediately take efforts to reduce pollution in the area. The \nAdministrator shall first make available to States with EHIAs pollution \nreduction\/prevention grants which will involve community \nrepresentatives, public health experts, local business, and government \nofficials located within the EHIA in developing effective pollution \nreduction strategies. If within 1 year, the Administrator determines \nthat significant steps have not been made to reduce pollution and risk \nto human health, the Administrator may take regulatory steps to reduce \npollution in the area.\n\n TITLE VII--PROMOTION OF GREEN SPACE\n\nSEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS.\n\n Within 1 year after the Secretary's biennial health assessment is \nreleased, the Secretary of the Interior shall establish a grant program \nto make available to local public or nonprofit private entities within \nEHIAs awards for the development of parks and recreational spaces, and \nprovide guidance for promoting environmentally sound use of the land.\n\n TITLE VIII--FUNDING\n\nSEC. 801. FUNDING.\n\n There are authorized to be appropriated to carry out this Act such \nsums as may be necessary.","summary":"TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts. (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program. And (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.","title":"Environmental Justice Act of 1999","text_len":13172,"sum_len":3573} {"bill_id":"107_hr4850","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``MediFair Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Regional inequities in medicare reimbursement has \n created barriers to care for seniors and the disabled.\n (2) The regional inequities in medicare reimbursement \n penalize States that have cost-effective health care delivery \n systems and rewards those States with high utilization rates \n and that provide inefficient care.\n (3) Over a lifetime, those inequities can mean as much as a \n $50,000 difference in the cost of care provided per \n beneficiary.\n (4) Regional inequities have resulted in creating very \n different medicare programs for seniors and the disabled based \n on where they live.\n (5) Because the Medicare+Choice rate is based on the fee-\n for-service reimbursement rate, regional inequities have \n allowed some medicare beneficiaries access to plans with \n significantly more benefits including prescription drugs. \n Beneficiaries in States with lower reimbursement rates have not \n benefited to the same degree as beneficiaries in other parts of \n the country.\n (6) Regional inequities in medicare reimbursement have \n created an unfair competitive advantage for hospitals and other \n health care providers in States that receive above average \n payments. Higher payments mean that those providers can pay \n higher salaries in a tight, competitive market.\n (7) Regional inequities in medicare reimbursement can limit \n timely access to new technology for beneficiaries in States \n with lower reimbursement rates.\n (8) Regional inequities in medicare reimbursement, if left \n unchecked, will reduce access to medicare services and impact \n healthy outcomes for beneficiaries.\n (9) Regional inequities in medicare reimbursement are not \n just a rural versus urban problem. Many States with large urban \n centers are at the bottom of the national average for per \n beneficiary costs.\n\nSEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE \n FEE-FOR-SERVICE PROGRAM.\n\n Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is \namended by adding at the end the following new section:\n\n``improving payment equity under the original medicare fee-for-service \n program\n\n ``Sec. 1897. (a) Establishment of System.--Notwithstanding any \nother provision of law, the Secretary shall establish a system for \nmaking adjustments to the amount of payment made to entities and \nindividuals for items and services provided under the original medicare \nfee-for-service program under parts A and B.\n ``(b) System Requirements.--\n ``(1) Increase for states below the national average.--\n Under the system established under subsection (a), if a State \n average per beneficiary amount for a year is less than the \n national average per beneficiary amount for such year, then the \n Secretary (beginning in 2003) shall increase the amount of \n applicable payments in such a manner as will result (as \n estimated by the Secretary) in the State average per \n beneficiary amount for the subsequent year being equal to the \n national average per beneficiary amount for such subsequent \n year.\n ``(2) Reduction for certain states above the national \n average to enhance quality care and maintain budget \n neutrality.--\n ``(A) In general.--The Secretary shall ensure that \n the increase in payments under paragraph (1) does not \n cause the estimated amount of expenditures under this \n title for a year to increase or decrease from the \n estimated amount of expenditures under this title \nthat would have been made in such year if this section had not been \nenacted by reducing the amount of applicable payments in each State \nthat the Secretary determines has--\n ``(i) a State average per beneficiary \n amount for a year that is greater than the \n national average per beneficiary amount for \n such year; and\n ``(ii) healthy outcome measurements or \n quality care measurements that indicate that a \n reduction in applicable payments would \n encourage more efficient use of, and reduce \n overuse of, items and services for which \n payment is made under this title.\n ``(B) Limitation.--The Secretary shall not reduce \n applicable payments under subparagraph (A) to a State \n that--\n ``(i) has a State average per beneficiary \n amount for a year that is greater than the \n national average per beneficiary amount for \n such year; and\n ``(ii) has healthy outcome measurements or \n quality care measurements that indicate that \n the applicable payments are being used to \n improve the access of beneficiaries to quality \n care.\n ``(3) Determination of averages.--\n ``(A) State average per beneficiary amount.--Each \n year (beginning in 2002), the Secretary shall determine \n a State average per beneficiary amount for each State \n which shall be equal to the Secretary's estimate of the \n average amount of expenditures under the original \n medicare fee-for-service program under parts A and B \n for the year for a beneficiary enrolled under such \n parts that resides in the State.\n ``(B) National average per beneficiary amount.--\n Each year (beginning in 2002), the Secretary shall \n determine the national average per beneficiary amount \n which shall be equal to the average of the State \n average per beneficiary amount determined under \n subparagraph (A) for the year.\n ``(4) Definitions.--In this section:\n ``(A) Applicable payments.--The term `applicable \n payments' means payments made to entities and \n individuals for items and services provided under the \n original medicare fee-for-service program under parts A \n and B to beneficiaries enrolled under such parts that \n reside in the State.\n ``(B) State.--The term `State' has the meaning \n given such term in section 210(h).\n ``(c) Beneficiaries Held Harmless.--The provisions of this section \nshall not affect--\n ``(1) the entitlement to items and services of a \n beneficiary under this title, including the scope of such items \n and services; or\n ``(2) any liability of the beneficiary with respect to such \n items and services.\n ``(d) Regulations.--\n ``(1) In general.--The Secretary, in consultation with the \n Medicare Payment Advisory Commission, shall promulgate \n regulations to carry out this section.\n ``(2) Protecting rural communities.--In promulgating the \n regulations pursuant to paragraph (1), the Secretary shall give \n special consideration to rural areas.''.\n\nSEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE.\n\n (a) Recommendations.--The Medicare Payment Advisory Commission \nestablished under section 1805 of the Social Security Act (42 U.S.C. \n1395b-6) shall develop recommendations on policies and practices that, \nif implemented, would encourage--\n (1) healthy outcomes and quality care under the medicare \n program in States with respect to which payments are reduced \n under section 1897(b)(2) of such Act (as added by section 3); \n and\n (2) the efficient use of payments made under the medicare \n program in such States.\n (b) Submission.--Not later than the date that is 9 months after the \ndate of enactment of this Act, the Commission shall submit to Congress \nthe recommendations developed under subsection (a).","summary":"MediFair Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment to entities and individuals for items and services provided under the original Medicare fee-for-service program under Medicare parts A and B for the stated purpose of improving payment equity under such program. Directs the Medicare Payment Advisory Commission to develop recommendations for Congress on policies and practices that, if implemented, would encourage: (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under the system under this Act. And (2) the efficient use of payments made under the Medicare program in such States.","title":"To amend title XVIII of the Social Security Act to improve the provision of items and services provided to Medicare beneficiaries residing in rural areas.","text_len":8717,"sum_len":805} {"bill_id":"103_hr3239","text":"SECTION 1. DISALLOWANCE OF DEDUCTION FOR CERTAIN OIL CLEANUP COSTS.\n\n (a) General Rule.--Part IX of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to certain items not \ndeductible) is amended by adding at the end thereof the following new \nsection:\n\n``SEC. 280I. DISALLOWANCE OF CERTAIN OIL CLEANUP COSTS.\n\n ``(a) General Rule.--Except as otherwise provided in this section, \nno deduction shall be allowed for any applicable discharge costs.\n ``(b) Exceptions.--\n ``(1) Small spills.--Subsection (a) shall not apply to any \n applicable discharge costs of any taxpayer which are \n attributable to any oil discharge involving less than 36,000 \n gallons of oil. For purposes of the preceding sentence, all \n discharges at a facility during any 6-month period shall be \n aggregated and treated as one discharge.\n ``(2) Facility closed and cleanup completed.--Subsection \n (a) shall not apply to any applicable discharge costs of the \n taxpayer which are attributable to any oil discharge from any \n facility if--\n ``(A) the Administrator of the Environmental \n Protection Agency certifies to the Secretary that all \n cleanup and other remediation actions required by \n reason of such discharge have been completed, and\n ``(B) all operations (whether by the taxpayer or \n any other person) at such facility involving the \n transportation, storage, or processing of oil have been \n permanently terminated.\n ``(3) Taxpayer with complete liability defense.--\n ``(A) In general.--Subsection (a) shall not apply \n to any applicable discharge costs of any taxpayer which \n are attributable to any oil discharge if such taxpayer \n has a complete liability defense with respect to such \n discharge.\n ``(B) Complete liability defense.--For purposes of \n subparagraph (A), a taxpayer has a complete liability \n defense with respect to any oil discharge, if it is \n determined under section 1003 of the Oil Pollution Act \n of 1990 or section 311 of the Clean Water Act that such \n taxpayer has no liability under section 1002 of the Oil \n Pollution Act of 1990 or section 311 of the Clean Water \n Act.\n ``(c) Applicable Discharge Costs.--For purposes of this section, \nthe term `applicable discharge costs' means any of the following costs \nincurred in connection with any oil discharge:\n ``(1) Any costs incurred in removing or attempting to \n remove the oil.\n ``(2) Any costs to prevent, minimize, or mitigate pollution \n or other damages resulting from such discharge.\n ``(3) Any costs attributable to liabilities for damages, \n fines, or penalties from such discharge.\n ``(4) Any costs incurred in determining the amount of the \n taxpayer's liability for any of the foregoing.\n ``(5) Any amount deductible on account of the loss of the \n material discharged or released.\n ``(d) Oil Discharge.--For purposes of this section, the term `oil \ndischarge' means any discharge (as defined in section 1001 of the Oil \nPollution Act of 1990 or section 311 of the Clean Water Act) of oil (as \ndefined in such sections).\n ``(e) Treatment of Certain Insurance Proceeds, Etc.--Gross income \nshall include any compensation by insurance or otherwise received with \nrespect to costs for which a deduction is disallowed under subsection \n(a).''\n (b) Prohibition Against Offset by Net Operating Loss Deduction.--\nSection 172 of such Code is amended by redesignating subsection (i) as \nsubsection (j) and by inserting after subsection (h) the following new \nsubsection:\n ``(i) Limitation on Use To Offset Deductions Disallowed Under \nSection 280I.--The deduction allowed under this section shall not \nreduce taxable income for any taxable year to an amount less than the \namount disallowed under section 280I for such taxable year. Appropriate \nadjustments in the application of subsection (b)(2) shall be made to \ntake into account the provisions of this subsection.''\n (c) Clerical Amendment.--The table of sections for part IX of \nsubchapter B of chapter 1 of such Code is amended by adding at the end \nthereof the following new item:\n\n ``Sec. 280I. Disallowance of certain oil \n cleanup costs.''\n (d) Effective Date.--The amendments made by this section shall \napply in the case of any applicable discharge costs paid after the date \nof the enactment of this Act.\n\nSEC. 2. EXPENSE TREATMENT FOR EXPENDITURE TO REDUCE RISK OF OIL SPILLS.\n\n (a) General Rule.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to itemized deductions for \nindividuals and corporations) is amended by adding at the end thereof \nthe following new section:\n\n``SEC. 198. EXPENDITURES TO REDUCE RISKS OF OIL SPILLS.\n\n ``(a) Treatment as Expenses.--Any qualified oil facility \nexpenditures paid or incurred by the taxpayer during the taxable year \nshall be treated as expenses which are not chargeable to capital \naccount. The expenditures so treated shall be allowed as a deduction \nfor such taxable year.\n ``(b) Qualified Oil Facility Expenditures.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified oil facility \n expenditures' means expenditures which--\n ``(A) are paid or incurred in connection with a \n trade or business of the taxpayer,\n ``(B) are paid or incurred for purposes of reducing \n the risk of a discharge of oil from any facility \n operated by the taxpayer,\n ``(C) the Administrator of the Environmental \n Protection Agency has certified to the Secretary as \n being necessary or appropriate for purposes of reducing \n the risk of such discharges; and\n ``(D) the taxpayer elects to take into account \n under this section.\n ``(2) Definitions.--For purposes of this subsection, the \n term `discharge', has the meaning given such term by section \n 1001 of the Oil Pollution Act of 1990 or section 311 of the \n Clean Water Act and the term `oil' has the meaning given such \n term by such sections.''\n (b) Clerical Amendment.--The table of sections for part VI of \nsubchapter B of chapter 1 of such Code is amended by adding at the end \nthereof the following new item:\n\n ``Sec. 198. Expenditures to reduce risks \n of oil spills.''\n (c) Effective Date.--The amendments made by this section shall \napply to expenditures paid or incurred after the date of the enactment \nof this Act.","summary":"Amends the Internal Revenue Code to disallow a tax deduction for oil cleanup costs, except: (1) spills involving less than 36,000 gallons of oil, (2) facility closures and cleanup completions. And (3) oil discharge costs where the taxpayer has a complete liability defense. Prohibits the net operating loss deduction from reducing taxable income to an amount less than the amount disallowed for oil cleanup costs. Treats qualified oil facility expenditures to reduce risks of oil spills as expenses which are not chargeable to capital account. Allows such expenditures as a deduction.","title":"To amend the Internal Revenue Code of 1986 to deny any deduction for certain oil cleanup costs, and for other purposes.","text_len":7152,"sum_len":584} {"bill_id":"110_hr7252","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) The Jefferson National Expansion Memorial was conceived \n in the 1930s to preserve St. Louis's role as the ``Gateway to \n the West''. Land was acquired, competitions were held, the \n renowned Arch was completed on October 28, 1965, and the Arch \n itself was designated a National Historic Landmark on May 28, \n 1987.\n (2) The original purpose of the Memorial, as described in \n President Roosevelt's 1935 Executive Order and later in the \n Jefferson National Expansion Memorial Act of 1954, was to \n commemorate the past, and especially, to keep alive the daring \n and spirit that moved pioneers to press westward before and \n after the consummation of the Louisiana Purchase and the \n historic role of the rivers and St. Louis in westward \n expansion.\n (3) To fully realize the true promise and significance of \n the Memorial and its Landmark, the Arch, the Memorial should \n connect with and be more accessible to the urban population and \n the river and commemorate the pioneering spirit of migration \n throughout the Nation by providing a visitor experience that \n includes educational, instructional, and research programs, \n facilities, and technology demonstrating--\n (A) the broad diversity of migrants;\n (B) the policies and conditions that produced \n migration;\n (C) the impact of migration on the political, \n economic, social, and architectural development of the \n Nation; and\n (D) a focus on African-American migration patterns \n from slavery to the underground railroad, and \n especially the migration of African-Americans from the \n south to northern industrial cities.\n (4) The project described in paragraph (3) should be \n completed by October 28, 2015, the 50th anniversary of the \n completion of the Arch, so that the area will be available to \n better engage the American public when the Centennial of the \n National Park Service is celebrated in 2016.\n (5) The Jefferson National Expansion Memorial Act of 1954, \n which authorized the construction of the Jefferson National \n Expansion Memorial and directed the Secretary to construct the \n Memorial in accordance with the Eero Saarinen's winning design \n for the development and construction of the Memorial, \n recognized the importance of highly visible cultural facilities \n and other attractions on the grounds of the Memorial to its \n central purpose of promoting the connection and significance of \n the historic St. Louis riverfront to the rest of the region, \n and in turn, the region to the Nation.\n (6) The Museum of Westward Expansion should be \n significantly improved before the Centennial of the National \n Park Service is celebrated in 2016.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Memorial.--The term ``Memorial'' means the Jefferson \n National Expansion Memorial.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (3) Trust.--The term ``Trust'' means the Jefferson National \n Expansion Memorial Trust\n\nSEC. 3. NATIONAL HISTORIC LANDMARK STATUS OF THE GATEWAY ARCH.\n\n To ensure the protections of the National Historic Preservation \nAct--\n (1) the structure of the Gateway Arch and the Old St. Louis \n Courthouse are hereby designated by Congress as National \n Historic Landmarks; and\n (2) the grounds of the Memorial surrounding the Arch are \n hereby designated by Congress for inclusion on the National \n Register of Historic Places.\n\nSEC. 4. AUTHORITY OF THE SECRETARY.\n\n The Secretary may take the following actions:\n (1) Enter into agreements with the Trust to plan and \n develop the St. Louis riverfront between Eads and Poplar Street \n bridges, the Memorial grounds including the interstate highway \n and roadways now traversing them, Luther Ely Smith Square, and \n the Old Courthouse as a single project area. The master plan \n for the project area and the design of its highly visible \n elements shall be created pursuant to international design \n competitions to be conducted by the Trust as extensive as the \n 1947 competition which resulted in the selection of Eero \n Saarinen's Arch design.\n (2) Enter into an agreement with the Trust to facilitate \n the planning, construction, and operation of a cultural \n facility on Federal land within the boundary of the Jefferson \n National Expansion Memorial to enhance the visitor experience \n of the Memorial and for exhibitions, learning and \n interpretation associated with American migration, and other \n terms and conditions the Secretary determines to be necessary. \n An agreement authorizing the Trust to occupy or operate the \n cultural facility shall also provide for conveyance by the \n Trust to the United States of all right, title, and interest in \n such cultural facility.\n (3) Transfer one or more portions of the Memorial grounds \n to the administrative jurisdiction of the Trust and enter into \n agreements with the Trust for the Trust to assist in the \n implementation of the Final General Management Plan and Record \n of Decision.\n (4) Enter into agreements with the Trust for such other \n facilities and services provided in the design competitions in \n furtherance of the purposes of this Act, including completing \n the project described in paragraph (3) of section 1 not later \n than October 28, 2015.","summary":"Designates the structure of the Gateway Arch and Old St. Louis Courthouse as National Historic Landmarks. Designates the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places.","title":"To designate the structure of the Gateway Arch and the Old St. Louis Courthouse as National Historic Landmarks, to designate the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places, and for other purposes.","text_len":6088,"sum_len":253} {"bill_id":"114_hr1633","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``DHS Paid Administrative Leave \nAccountability Act of 2015''.\n\nSEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND \n REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.\n\n (a) In General.--Title I of the Homeland Security Act of 2002 \n(Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the \nend the following new section:\n\n``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR \n PERSONNEL MATTERS.\n\n ``(a) Internal Reporting.--Not later than 90 days after the date of \nthe enactment of the DHS Paid Administrative Leave Accountability Act \nof 2015, and quarterly thereafter, the head of each component of the \nDepartment shall submit to the Chief Human Capital Officer of the \nDepartment--\n ``(1) the number of employees of the component who had been \n on administrative leave, or any other type of paid non-duty \n status without charge to leave, for personnel matters for a \n period of 6 consecutive months or longer as of the last day of \n the period covered by the report;\n ``(2) the total cost to the component associated with such \n administrative leave and such paid non-duty status (including \n salary and benefits) for the period covered by the report; and\n ``(3) the average duration that employees are placed on \n administrative leave, or any other type of paid non-duty status \n without charge to leave, for personnel matters for a period of \n 6 consecutive months or longer, as of the last day of the \n period covered by the report for the component.\n ``(b) CHCO Tracking.--The Chief Human Capital Officer shall--\n ``(1) maintain records of the number of employees of the \n Department who are placed on administrative leave or paid non-\n duty status without charge to leave for personnel matters and \n the costs (including salary and benefits) associated with such \n leave or non-duty status; and\n ``(2) in consultation with the head of each of the \n components of the Department, determine any appropriate actions \n to be taken by the Department to resolve any personnel matter \n objectively, appropriately, and expeditiously or to reduce the \n use of administrative leave and paid non-duty status without \n charge to leave in addressing any personnel matter.\n ``(c) Personnel Matters Defined.--In this section, the term \n`personnel matters' means, with respect to an employee, any personnel \ninvestigation (including any investigation into misconduct and any \nnational security or suitability investigation), any criminal matter, \nor any adverse action proposed or taken by the Department, including \nany action under chapter 75 of title 5, United States Code.\n ``(d) Leverage of Existing Systems.--In carrying out this section, \nthe Secretary is encouraged to leverage systems and operations in use \non the date of enactment of the DHS Paid Administrative Leave \nAccountability Act of 2015 to implement the requirements of this \nsection.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by inserting after the item relating to section 103 \nthe following new item:\n\n``Sec. 104. Internal tracking and reporting of administrative leave for \n personnel matters.''.\n\nSEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON \n ADMINISTRATIVE LEAVE.\n\n By not later than 90 days after the date of the enactment of this \nAct, the Chief Human Capital Officer of the Department of Homeland \nSecurity shall develop and implement a Department-wide policy in \naccordance with existing Federal guidance specifically related to the \nuse of administrative leave, or any other type of paid non-duty status \nwithout charge to leave, for personnel matters. Such policy shall \ninclude the responsibilities of the components of the Department for \nreporting information relating to such administrative leave and such \npaid non-duty status to the Chief Human Capital Officer, as required \nunder section 104(a) of the Homeland Security Act of 2002 (Public Law \n107-296), as added by section 2. Such policy shall provide guidance on \nexpediting the resolution of a personnel matter for which an employee \nhas been on administrative leave or any other type of paid non-duty \nstatus without charge to leave for a period of 6 consecutive months or \nlonger in an objective and appropriate manner.\n\nSEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY \n EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.\n\n (a) Quarterly Reports.--Not later than 30 days after the last day \nof each calendar quarter of 2016, 2017, and 2018, the Chief Human \nCapital Officer of the Department of Homeland Security shall submit to \nthe Committee on Homeland Security of the House of Representatives and \nthe Committee on Homeland Security and Governmental Affairs of the \nSenate a report on the number of Department employees on administrative \nleave, and any other type of paid non-duty status without charge to \nleave, for personnel matters for a period of 6 consecutive months or \nlonger as of the last day of the quarter covered by the report. Each \nsuch report shall include--\n (1) the costs to the Department associated with the \n placement of such employees on administrative leave or such \n paid non-duty status (including salary and benefits) for the \n period covered by the report; and\n (2) a description of any actions taken by the Department to \n resolve any personnel matter for which an employee has been \n placed on administrative leave or paid non-duty status without \n charge to leave.\n (b) Personnel Matters.--In this section, the term ``personnel \nmatters'' has the meaning given such term in\n\n\n \n\n section 104(c) of the Homeland Security Act of 2002 (Public Law 107-\n296), as added by section 2.\n\n Passed the House of Representatives June 23, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on June 17, 2015. DHS Paid Administrative Leave Accountability Act of 2015 Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS : (1) the number of employees who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for six consecutive months or longer. (2) the total cost to the component associated with such leave and paid non-duty status for the quarter. And (3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of six consecutive months or longer. Requires the Chief to: (1) maintain records of the number of such employees and the associated costs. And (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter. Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements. Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of six consecutive months or longer in an objective and appropriate manner. Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. Requires each such report to include: (1) the costs to DHS associated with the placement of such employees on administrative leave or such paid non-duty status for the period covered by the report. And (2) a description of any actions taken by DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave.","title":"DHS Paid Administrative Leave Accountability Act of 2015","text_len":6364,"sum_len":2602} {"bill_id":"112_hr3074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cormorant Management and Natural \nResources Protection Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The current permitting system is not sufficient to \n achieve a streamlined control of excessive cormorant \n populations.\n (2) Excessive cormorant populations cause damage to \n ecosystems.\n (3) Excessive cormorant populations pose public health and \n safety concerns.\n (4) Excessive cormorant populations pose an unsightly, \n loud, and olfactory nuisance.\n (5) Excessive cormorant populations can have a detrimental \n effect on fish populations.\n (6) Excessive cormorant populations displace native species \n from their habitats.\n (7) Cormorant excrement in colonies often kills vegetation.\n\nSEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY \n ACT WITH RESPECT TO CORMORANTS.\n\n (a) Delegation of Authority.--Section 7 of the Migratory Bird \nTreaty Act (16 U.S.C. 708) is amended--\n (1) by inserting ``(a) Preservation of State Authority.--'' \n before the first sentence; and\n (2) by adding at the end the following:\n ``(b) Delegation to States of Authority With Respect to \nCormorants.--\n ``(1) In general.--The authority of the Secretary under \n this Act with respect to cormorants in a State is hereby \n delegated to the governor of the State effective on the date on \n which the Secretary approves a management plan for cormorants \n in the State that is submitted by the governor.\n ``(2) Approval or disapproval of management plan.--\n ``(A) In general.--The Secretary shall approve or \n disapprove a management plan submitted under this \n subsection by not later than the end of the 60-day \n period beginning on the date the plan is submitted.\n ``(B) Requirement to approve.--The Secretary shall \n approve a management plan submitted under this \n subsection if the plan is in accordance with United \n States obligations under treaties and Federal law.\n ``(C) Disapproval of plan.--If the Secretary \n disapproves a management plan under this subsection the \n Secretary shall provide to the governor who submitted \n the plan the reasons for the disapproval and an \n opportunity to revise and resubmit the plan.\n ``(D) Plan deemed approved.--Except as provided in \n subparagraph (E), if the Secretary does not approve or \n disapprove a management plan before the end of the \n period referred to in paragraph (1) the Secretary is \n deemed to have approved the plan.\n ``(E) Limitation on approval.--A management plan \n shall not be approved under this paragraph if the plan \n is found to be in violation of United States \n obligations under treaties and Federal law.\n ``(F) Review of approved plans.--The Secretary--\n ``(i) shall review every 5 years each \n management plan approved for a State under this \n subsection and the State governor's exercise of \n authority delegated under this subsection; and\n ``(ii) may revoke such approval and \n delegation if, based on such review, the \n Secretary determines that the plan or the \n governor's exercise of authority delegated \n under this subsection is not in accordance with \n this Act or any treaty implemented by this Act.\n ``(3) Relationship between approved plan and regulations.--\n A management plan that is approved for a State under this \n subsection shall apply in that State with respect to management \n of cormorants, in lieu of regulations issued under this Act.\n ``(4) Compliance with treaties and federal law.--In \n exercising authority delegated under this subsection the \n governor of a State shall comply with this Act and all treaties \n implemented by this Act.\n ``(5) Relationship to other authority.--Nothing in this \n subsection limits the authority of the Secretary or any Federal \n agency to exercise authority under any Federal law to assist a \n State, upon request by the governor of the State, with control \n of cormorants.\n ``(6) Cormorant defined.--In this subsection the term \n `cormorant' means the double-crested cormorant (Phalacrocorax \n auritus).''.\n (b) Cooperation To Prevent Cormorant Proliferation.--\n (1) Department of interior cooperation.--The Secretary of \n the Interior, acting in consultation with the National \n Aquaculture Information Center and the Animal and Plant Health \n Inspection Service, shall conduct educational and informational \n activities for the owners and operators of aquaculture \n facilities to improve their efforts to prevent cormorants from \n consuming aquatic species being reared in aquaculture \n facilities, which contributes to the proliferation of \n cormorants.\n (2) Other efforts.--Nothing in this subsection restricts \n the authority of other Federal or State wildlife or natural \n resource management agencies to cooperate with the owners and \n operators of aquaculture facilities regarding the management \n and control of cormorants to prevent their proliferation.\n (3) Cormorant defined.--In this subsection, the term \n ``cormorant'' means the double-crested cormorant (Phalacrocorax \n auritus).","summary":"Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with US obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.","title":"To amend the Migratory Bird Treaty Act to delegate to States the authorities of the Secretary of the Interior under that Act with respect to cormorants, and for other purposes.","text_len":6115,"sum_len":1329} {"bill_id":"111_s1803","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Reserve Accountability Act \nof 2009''.\n\nSEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES.\n\n (a) Reviews.--Section 714 of title 31, United States Code, is \namended by adding at the end the following:\n ``(f) Reviews of Credit Facilities of the Federal Reserve System.--\n ``(1) Definition.--In this subsection, the term `credit \n facilities' means--\n ``(A) the Money Market Investor Funding Facility;\n ``(B) the Asset-Backed Commercial Paper Money \n Market Mutual Fund Liquidity Facility;\n ``(C) the Term Asset-Backed Securities Loan \n Facility;\n ``(D) the Primary Dealer Credit Facility;\n ``(E) the Commercial Paper Funding Facility;\n ``(F) any other credit facility approved by the \n Board under the 3rd undesignated paragraph of section \n 13 of the Federal Reserve Act (12 U.S.C. 343), other \n than a credit facility that is subject to the \n requirements of subsection (e); and\n ``(G) any special purpose vehicle through which any \n activity described in subparagraphs (A) through (F) is \n conducted.\n ``(2) In general.--Subject to paragraph (3), and \n notwithstanding any limitation in subsection (b) on the \n auditing and oversight of certain functions of the Board or any \n Federal Reserve bank, the Comptroller General may conduct \n reviews, including onsite examinations, if the Comptroller \n General determines that such examinations are appropriate, of \n the accounting, financial reporting, and internal controls of \n credit facilities established by the Board or any Federal \n Reserve bank, including when such activities are carried out by \n or on behalf of the Board or any official of a Federal Reserve \n bank.\n ``(3) Reports and delayed disclosure.--\n ``(A) Reports required.--A report on each review \n conducted under paragraph (2) shall be submitted by the \n Comptroller General to the Congress before the end of \n the 90-day period beginning on the date on which such \n review is completed.\n ``(B) Contents.--The report under subparagraph (A) \n shall include a detailed description of the findings \n and conclusions of the Comptroller General with respect \n to the review that is the subject of the report, \n together with such recommendations for legislative or \n administrative action as the Comptroller General may \n determine to be appropriate.\n ``(C) Delayed release of certain information.--\n ``(i) In general.--The Comptroller General \n shall not disclose to any person or entity, \n including to the Congress, the names or \n identifying details of specific participants in \n any of the audited facilities or identifying \n details regarding assets or collateral held by, \n under, or in connection with any of the audited \n facilities, and any report provided under \n subparagraph (A) shall be redacted to ensure \n that such details are not disclosed.\n ``(ii) Delayed release.--The nondisclosure \n obligation under clause (i) shall expire, and \n the Comptroller General shall release a \n nonredacted version of any reports on specific \n credit facilities, 1 year after the termination \n of the relevant credit facility.''.\n (b) Access to Records.--Section 714(d) of title 31, United States \nCode (as amended by section 801 of Public Law 111-22), is amended--\n (1) in paragraph (2), by inserting ``or any single and \n specific partnership or corporation (as specified in subsection \n (e)) or any facility established by an agency (as specified in \n subsection (f))'' after ``used by an agency'';\n (2) in paragraph (3), by inserting ``or (f)'' after \n ``subsection (e)'' each place that term appears; and\n (3) in paragraph (3)(B), by adding at the end the \n following: ``The Comptroller General may make and retain copies \n of books, accounts, and other records provided under \n subparagraph (A) as the Comptroller General deems appropriate. \n The Comptroller General shall have access to the officers, \n employees, contractors, and other agents and representatives of \n any single and specific partnership or corporation (as \n specified in subsection (e)) or any credit facility established \n by an agency (as specified in subsection (f)) at any reasonable \n time, as the Comptroller General may request. The Comptroller \n General shall provide to any such partnership, corporation, or \n credit facility a current list of officers and employees to \n whom, with proper identification, records and property may be \n made available, and who may make notes or copies necessary to \n carry out a review or examination under this subsection.''.\n\nSEC. 3. PUBLIC ACCESS TO INFORMATION.\n\n (a) In General.--The Board shall place on its home Internet website \na link entitled ``Audit'', which shall link to a webpage that shall \nserve as a repository of information made available to the public for a \nreasonable period of time, not less than 6 months following the date of \nrelease of the relevant information, including--\n (1) the reports prepared by the Comptroller General under \n section 714 of title 31, United States Code;\n (2) the annual financial statements prepared by an \n independent auditor for the Board of Governors of the Federal \n Reserve System (in this section referred to as the ``Board'') \n in accordance with section 11B of the Federal Reserve Act (12 \n U.S.C. 248b); and\n (3) such other information as the Board reasonably believes \n is necessary or helpful to the public in understanding the \n accounting, financial reporting, and internal controls of the \n Board and the Federal Reserve banks.","summary":"Federal Reserve Accountability Act of 2009 - Authorizes the Comptroller General to conduct reviews of , and report to Congress on, the accounting, financial reporting, and internal controls of credit facilities established by the Board of Governors of the Federal Reserve System, or any Federal Reserve bank, including when such activities are implemented by or on behalf of the Board or any official of a Federal Reserve bank. Defines credit facilities as: (1) the Money Market Investor Funding Facility. (2) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility, (3) the Term Asset-Backed Securities Loan Facility, (4) the Primary Dealer Credit Facility, (5) the Commercial Paper Funding Facility. And (6) certain other credit facilities approved by the Board, as well as any special purpose vehicle through which any activity of such facilities is conducted. Requires the Board to place on its home Internet website a link entitled Audit to a webpage that serves as a repository of public information for not less than six months following the release of the relevant information, including: (1) the reports prepared pursuant to this Act. (2) the annual financial statements prepared by an independent auditor for the Board. And (3) any other information the Board believes is necessary or helpful to the public in understanding its accounting, financial reporting, and internal controls as well as those of the Federal Reserve banks.","title":"A bill to amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of emergency credit facilities established by the Board of Governors of the Federal Reserve System or any Federal Reserve bank, and for other purposes.","text_len":6712,"sum_len":1461} {"bill_id":"108_hr2760","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Resolution of the Ethiopia-Eritrea \nBorder Dispute Act of 2004''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Algiers agreements.--The term ``Algiers Agreements'' \n means the Cessation of Hostilities Agreement and the \n Comprehensive Peace Agreement.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n International Relations of the House of Representatives and the \n Committee on Foreign Relations of the Senate.\n (3) Cessation of hostilities agreement.--The term \n ``Cessation of Hostilities Agreement'' means the Agreement on \n the Cessation of Hostilities signed on June 18, 2000, in \n Algiers, Algeria, by the Government of Ethiopia and the \n Government of Eritrea that established a temporary \n demilitarized security zone within Eritrea to be enforced by \n the United Nations Peacekeeping Mission in Ethiopia and Eritrea \n (UNMEE).\n (4) Comprehensive peace agreement.--The term \n ``Comprehensive Peace Agreement'' means the agreement signed on \n December 12, 2000, in Algiers, Algeria, by the Government of \n Ethiopia and the Government of Eritrea, under the auspices of \n the Organization of African Unity (OAU), that provided for an \n end to military hostilities between the two countries, \n assurances by the countries to refrain from the threat or use \n of force against each other, and established a neutral Boundary \n Commission to delimit and demarcate the border between the two \n countries.\n (5) Economic assistance.--The term ``economic assistance'' \n means--\n (A) assistance under chapter 1 of part I of the \n Foreign Assistance Act of 1961 (relating to development \n assistance); and\n (B) assistance under chapter 4 of part II of the \n Foreign Assistance Act of 1961 (relating to economic \n support fund assistance).\n (6) Military assistance and arms transfers.--The term \n ``military assistance and arms transfers'' means--\n (A) assistance under chapter 2 of part II of the \n Foreign Assistance Act of 1961 (relating to military \n assistance), including the transfer of excess defense \n articles under section 516 of that Act;\n (B) assistance under chapter 5 of part II of the \n Foreign Assistance Act of 1961 (relating to \n international military education and training or \n ``IMET''), including military education and training \n for civilian personnel under section 541 of that Act \n (commonly referred to as ``Expanded IMET''); and\n (C) assistance under the ``Foreign Military \n Financing'' Program under section 23 of the Arms Export \n Control Act and the transfer of defense articles, \n defense services, design and construction services, or \n any other defense-related training under that Act.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) On May 6, 1998, a conflict erupted between Ethiopia and \n Eritrea, two of the world's poorest countries.\n (2) The two-year war claimed 100,000 lives, displaced more \n than 1,000,000 people, cost Ethiopia more than $2,900,000,000, \n and caused a 62 percent decline in food production in Eritrea.\n (3) Millions of dollars were diverted from much needed \n development projects into military activities and weapons \n procurements at a time when severe drought threatened a famine \n in both Ethiopia and Eritrea, as bad as the famine in 1984 in \n those countries, putting more than 13,000,000 lives at risk.\n (4) On June 18, 2000, Prime Minister Meles Zenawi of the \n Federal Democratic Republic of Ethiopia and President Isaias \n Afewerki of the State of Eritrea signed the Cessation of \n Hostilities Agreement in Algiers, Algeria. On December 12, \n 2000, the two countries also signed the Comprehensive Peace \n Agreement in Algiers under the auspices of the Organization of \n African Unity (OAU) and in the presence of United Nations \n Secretary General Kofi Annan and President Abdel-Aziz \n Boutheflika of Algeria.\n (5) Article 4.2 of the Comprehensive Peace Agreement states \n the following: ``The parties agree that a neutral Boundary \n Commission composed of five members shall be established with a \n mandate to delimit and demarcate the colonial treaty border \n [between the two countries] based on pertinent colonial \n treaties (1900, 1902 and 1908) and applicable international \n law.''.\n (6) Article 4.15 of the Comprehensive Peace Agreement \n states the following: ``The parties agree that the delimitation \n and demarcation determinations of the Commission shall be final \n and binding. Each party shall respect the border so determined, \n as well as territorial integrity and sovereignty of the other \n party.''.\n (7)(A) The President of the United Nations Security \n Council, on behalf of the Security Council, confirmed the \n Security Council's endorsement of the terms and conditions of \n the Algiers Agreements, with special reference to the neutral \n Boundary Commission described in Article 4.2 of the \n Comprehensive Peace Agreement and its mandate.\n (B) In addition, the Security Council reaffirmed its \n support for the Algiers Agreements in United Nations Security \n Council Resolutions 1312 (July 31, 2000), 1320 (September 15, \n 2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398 \n (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6, \n 2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531 \n (March 12, 2004), and 1560 (September 14, 2004).\n (8) On April 13, 2002, the neutral Boundary Commission \n announced its ``Delimitation Decision'', reiterating that both \n parties had agreed that it would be ``final and binding''.\n (9) Following the decision of the Boundary Commission that \n the heavily disputed town of Badme would be zoned to the \n Eritrean side of the new border, Foreign Minister Seyoum Mesfin \n of Ethiopia announced on April 15, 2003, that ``[n]o-one \n expects the [G]overnment of Ethiopia to accept these mistakes \n committed by the Commission''. Further, the Ethiopian Ministry \n of Information released a statement accusing the Boundary \n Commission of an ``unfair tendency'' in implementing the border \n ruling and ``misinterpreting'' the Algiers Agreements.\n (10) In his March 6, 2003, ``Progress Report'' to the \n United Nations Security Council, Secretary General Kofi Annan \n reported that Prime Minister Zenawi of Ethiopia had expressed \n to his Special Representative, Legwaila Joseph Legwaila, that \n ``if its concerns were not properly addressed Ethiopia might \n eventually reject the demarcation-related decisions of the \n Commission''.\n (11) On September 19, 2003, Prime Minister Zenawi wrote to \n United Nations Secretary General Kofi Annan and stated: ``As \n the Commission's decisions could inevitably lead the two \n countries into another round of fratricidal war, the Security \n Council has an obligation, arising out of the UN Charter, to \n avert such a threat to regional peace and stability.''.\n (12) On October 3, 2003, the United Nations Security \n Council wrote to Prime Minister Zenawi and stated: ``The \n members of the Security Council therefore wish to convey to you \n their deep regret at the intention of the government of \n Ethiopia not to accept the entirety of the delimitation and \n demarcation decision as decided by the boundary commission. \n They note in particular, that Ethiopia has committed itself \n under the Algiers Agreements to accept the boundary decision as \n final and binding.''.\n (13)(A) In an attempt to resolve the continued impasse, \n United Nations Secretary General Kofi Annan offered his good \n offices to the two parties and appointed Mr. Lloyd Axworthy, \n former Minister for Foreign Affairs of Canada, to serve as his \n Special Envoy for Ethiopia and Eritrea on January 29, 2004.\n (B) Despite the assurances of the United Nations Secretary \n General, including in his Progress Reports of March 6, 2004, \n and July 7, 2004, that the appointment of the Special Envoy was \n ``not intended to establish an alternative mechanism to the \n Boundary Commission or to renegotiate its final and binding \n decision'', President Isaias of Eritrea has refused to meet \n with the Special Envoy or otherwise engage in political \n dialogue aimed at resolving the current impasse.\n (14) In his July 7, 2004, ``Progress Report'' to the United \n Nations Security Council, Secretary General Kofi Annan reported \n that the Ethiopian Ministry of Foreign Affairs continues to \n reiterate its position that ``the current demarcation line \n would disrupt the lives of border communities and lead to \n future conflict''.\n (15) In that same report, Secretary General Annan reminded \n both governments that they themselves ``entrusted the Boundary \n Commission with the entire demarcation process, drew up its \n mandate and selected its Commissioners'' and called upon the \n Government of Ethiopia to ``unequivocally restate its \n acceptance of the Boundary Commission's decision, appoint field \n liaison officers, and pay its dues to and otherwise cooperate \n fully and expeditiously with the Commission''.\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that Ethiopia and Eritrea--\n (1) should take all appropriate actions to implement the \n Algiers Agreements, including by accepting the ``Delimitation \n Decision'' issued by the neutral Boundary Commission on April \n 13, 2002, with respect to the boundary between the two \n countries; and\n (2) should fully cooperate with the United Nations Special \n Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is \n the implementation of the Algiers Agreements, the Delimitation \n Decision of the Boundary Commission, and the relevant \n resolutions and decisions of the United Nations Security \n Council.\n\nSEC. 5. DECLARATIONS OF POLICY.\n\n Congress makes the following declarations:\n (1) Congress expresses its support for the Boundary \n Commission established by the Comprehensive Peace Agreement and \n calls on the international community to continue to support the \n United Nations trust fund established to facilitate the process \n of demarcation between Ethiopia and Eritrea and the economic \n and social transition of affected communities to new borders \n determined by the Commission.\n (2) Congress further declares that it shall be the policy \n of the United States to limit United States assistance for \n Ethiopia or Eritrea if either such country is not in compliance \n with, or is not taking significant steps to comply with, the \n terms and conditions of the Algiers Agreements.\n (3) Congress strongly condemns statements by senior \n Ethiopian officials criticizing the Boundary Commission's \n decision and calls on the Government of Ethiopia to immediately \n and unconditionally fulfill its commitments under the Algiers \n Agreements, publicly accept the Boundary Commission's decision, \n and fully cooperate with the implementation of such decision.\n (4) Congress recognizes the acceptance by the Government of \n Eritrea of the Boundary Commission's decision as final and \n binding, but condemns the Government of Eritrea's continued \n refusal to take advantage of the good offices offered by the \n United Nations Secretary General, to work with Special Envoy \n Lloyd Axworthy, or to otherwise engage in dialogue aimed at \n resolving the current impasse, and calls on the President of \n Eritrea to do so without further delay.\n\nSEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE.\n\n (a) Limitation on Economic Assistance.--Economic assistance may \nonly be provided for Ethiopia or Eritrea for any period of time for \nwhich the President determines that Ethiopia or Eritrea (as the case \nmay be) is in compliance with, or is taking significant steps to comply \nwith, the terms and conditions of the Algiers Agreements.\n (b) Limitation on Military Assistance and Arms Transfers.--Military \nassistance and arms transfers may only be provided for Ethiopia or \nEritrea for any period of time for which the President determines that \nEthiopia or Eritrea (as the case may be) is in compliance with, or is \ntaking significant steps to comply with, the terms and conditions of \nthe Algiers Agreements.\n (c) Exceptions.--The limitation on assistance under subsections (a) \nand (b) shall not apply with respect to humanitarian assistance (such \nas food or medical assistance), assistance to protect or promote human \nrights, and assistance to prevent, treat, and control HIV\/AIDS.\n (d) Waiver.--The President may waive the application of subsection \n(a) or (b) with respect to Ethiopia or Eritrea, particularly for the \nprovision of peacekeeping assistance or counterterrorism assistance, if \nthe President determines and certifies to the appropriate congressional \ncommittees that it is in the national interests of the United States to \ndo so.\n\nSEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE.\n\n (a) Assistance.--After the date on which the border demarcation \nbetween Ethiopia and Eritrea is finalized (consistent with the decision \nof the Boundary Commission established by the Comprehensive Peace \nAgreement), the President shall establish and carry out an initiative \nin conjunction with the Governments of Ethiopia and Eritrea under which \nassistance is provided to reduce the adverse humanitarian impacts on \nthe populations of the border region, prevent conflict which might \nresult from the demarcation process, and further social and economic \ndevelopment projects that are identified and evaluated by local \nauthorities to establish sustainable integration, development, and \ntrade at the border region.\n (b) Project Examples.--Examples of development projects referred to \nin subsection (a) are--\n (1) startup initiatives, including farming projects, to \n promote community economic development and the free flow of \n trade across the border between the two countries;\n (2) generous compensation packages for families displaced \n by the border demarcation and support for relocation;\n (3) effective mechanisms for managing movement of persons \n across the border between the two countries;\n (4) an increase in the supply of basic services in the \n border region, including water, sanitation, housing, health \n care, and education; and\n (5) support for local efforts to reinforce peace and \n reconciliation in the border region.\n\nSEC. 8. REPORT.\n\n Until the date on which the border demarcation between Ethiopia and \nEritrea is finalized, the President shall prepare and transmit on a \nregular basis to the appropriate congressional committees a report that \ncontains a description of progress being made toward such demarcation, \nincluding the extent to which Ethiopia and Eritrea are in compliance \nwith, or are taking significant steps to comply with, the terms and \nconditions of the Algiers Agreements, and are otherwise cooperating \nwith internationally-sanctioned efforts to resolve the current impasse.\n\n Passed the House of Representatives October 8, 2004.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the Delimitation Decision issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries. And (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea. Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders. (2) it shall be US policy to limit US assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements. And (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision. States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIVAIDS control. Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services, (2) develop free trade and community development. And (3) reinforce peace and reconciliation. Sets forth presidential reporting requirements.","title":"To limit United States assistance for Ethiopia and Eritrea if those countries are not in compliance with the terms and conditions of agreements entered into by the two countries to end hostilities and provide for a demarcation of the border between the two countries, and for other purposes.","text_len":16817,"sum_len":2012} {"bill_id":"114_hr5786","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Protection and \nPreparedness Act of 2016''.\n\nSEC. 2. RAIL SPILL PREPAREDNESS FUND.\n\n (a) In General.--Chapter 51 of title 49, United States Code, is \namended by inserting after section 5110 the following:\n``Sec. 5111. Rail spill preparedness fund\n ``(a) Establishment of Rail Account.--There is established in the \nOil Spill Liability Trust Fund a separate account to be known as the \n`Rail Account' consisting of such amounts as may be appropriated, \ncredited, deposited, or transferred to such account as provided in this \nsection.\n ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3 \nFlammable Liquids.--Not later than October 1, 2017, and annually \nthereafter, the Secretary shall impose a fee of $1,500 for each DOT-111 \nspecification railroad tank car, including each CPC-1232 tank car, used \nto transport Class 3 flammable liquids during the previous fiscal year \nthat, at the time such tank car was used, did not meet the DOT-117, \nDOT-117P, or DOT-117R specifications in part 179 of title 49, Code of \nFederal Regulations. Such fee shall be--\n ``(1) paid by each person who causes such liquids to be \n transported by such a tank car in commerce; and\n ``(2) imposed regardless of--\n ``(A) train composition; or\n ``(B) the phase-out schedule under section 7304(b) \n of the FAST Act (49 U.S.C. 20155 note).\n ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not \nbe imposed on a railroad carrier that transports Class 3 flammable \nliquids.\n ``(d) Means of Collection.--The Secretary shall prescribe \nprocedures to collect the fees described in subsection (b). The \nSecretary may use a department, agency, or instrumentality of the \nUnited States Government or of a State or local government to collect \nthe fee and may reimburse the department, agency, or instrumentality a \nreasonable amount for its services.\n ``(e) Deposits.--Amounts equivalent to the fees collected pursuant \nto subsection (b) shall be deposited into the Rail Account.\n ``(f) Expenditures.--Amounts deposited pursuant to subsection (e) \nshall be available to the Secretary, without need of further \nappropriation, only for the following purposes:\n ``(1) The payment of removal and remediation costs and \n other costs, expenses, claims, and damages related to an \n accident or incident involving the transportation of Class 3 \n flammable liquids by rail.\n ``(2) For the Secretary to make grants to States and Indian \n tribes to--\n ``(A) to develop, improve, and carry out emergency \n plans under the Emergency Planning and Community Right-\n To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related \n to an accident or incident involving the transportation \n of Class 3 flammable liquids by rail, including \n ascertaining flow patterns of Class 3 flammable liquids \n on lands under the jurisdiction of a State or Indian \n tribe and lands of another State or Indian tribe;\n ``(B) to develop and train regional hazardous \n material emergency response teams to prepare for an \n accident or incident involving the transportation of \n Class 3 flammable liquids by rail;\n ``(C) to train public sector employees to respond \n to accidents and incidents involving the transportation \n of Class 3 flammable liquids by rail consistent with \n the requirements of section 5116; and\n ``(D) for any other measures that the Secretary, in \n consultation with States and Indian tribes, determines \n necessary to assist such States and Indian tribes in \n preparing for accidents and incidents involving the \n transportation of Class 3 flammable liquids by rail.\n ``(g) Public Sector Training Standards.--To the extent that a grant \nunder subsection (f) is used to train emergency responders, the State \nor Indian tribe shall ensure that the emergency responders who receive \ntraining under the grant have the ability to protect nearby persons, \nproperty, and the environment from the effects of accidents or \nincidents involving the transportation of hazardous material in \naccordance with existing regulations or National Fire Protection \nAssociation standards for competence of responders to accidents and \nincidents involving hazardous materials, including the transportation \nof Class 3 flammable liquids by rail.\n ``(h) No Effect on Compliance or Liability Under Federal or State \nLaw.--Nothing in this section may be construed to affect or limit the \napplication of, obligation to comply with, or liability under any \nFederal or State law.\n ``(i) Definitions.--\n ``(1) Class 3 flammable liquid.--The term `Class 3 \n flammable liquid' has the meaning given the term flammable \n liquid in section 173.120(a) of title 49, Code of Federal \n Regulations.\n ``(2) Railroad carrier.--The term `railroad carrier' has \n the meaning given such term in section 20102.''.\n (b) Conforming Amendment.--The analysis for chapter 51 of title 49, \nUnited States Code, is amended by inserting after the item relating to \nsection 5110 the following new item:\n\n``5111. Rail spill preparedness fund.''.\n\nSEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK.\n\n (a) In General.--Not later than 9 months after the date of \nenactment of this Act, the Secretary of Transportation shall issue such \nregulations as are necessary to require each Class I railroad carrier \nto inspect all track where an accident or incident involving the \ntransportation of flammable liquids or material poisonous or toxic by \ninhalation by rail could affect a high consequence area, in accordance \nwith a schedule prescribed by the Secretary.\n (b) Method of Inspection.--The inspections required under \nsubsection (a) shall be carried out--\n (1) on foot; and\n (2) periodically, by a gage restraint measurement system, \n as described in section 213.110 of title 49, Code of Federal \n Regulations.\n (c) Remedial Action.--If the individual making an inspection \nrequired under subsection (a) finds a deviation from the requirements \nof part 213 of title 49, Code of Federal Regulations, the individual \nshall immediately initiate remedial action.\n (d) Other Railroad Carriers.--Nothing in this section shall be \nconstrued to restrict the discretion of the Secretary to require \nrailroad carriers other than Class I railroad carriers to inspect track \nin accordance with this section. In exercising such discretion, the \nSecretary shall consider the risk to the public and to railroad \nemployees associated with the operations of the railroad carrier and \nthe transportation of flammable liquids or material poisonous or toxic \nby inhalation by rail.\n (e) Definitions.--In this section:\n (1) High consequence area.--The term ``high consequence \n area'' means--\n (A) a commercially navigable waterway, which means \n a waterway where a substantial likelihood of commercial \n navigation exists;\n (B) a high population area, which means an \n urbanized area, as defined and delineated by the Census \n Bureau, that contains 50,000 or more people and has a \n population density of at least 1,000 people per square \n mile;\n (C) an other populated area, which means a place, \n as defined and delineated by the Census Bureau, that \n contains a concentrated population, such as an \n incorporated or unincorporated city, town, village, or \n other designated residential or commercial area; or\n (D) an unusually sensitive area, including a \n drinking water or ecological resource area that is \n unusually sensitive to environmental damage.\n (2) Material poisonous or toxic by inhalation.--The term \n ``material poisonous or toxic by inhalation'' has the meaning \n given the terms material poisonous by inhalation and material \n toxic by inhalation in section 171.8 of title 49, Code of \n Federal Regulations.\n (3) Other definitions.--The definitions contained in \n section 20102 of title 49, United States Code, shall apply to \n this section.\n\nSEC. 4. TRACK SAFETY SPECIALISTS.\n\n There are authorized to be appropriated such sums as may be \nnecessary for the Administrator of the Federal Railroad Administration \nto hire a minimum of 2 additional track safety specialists per region.","summary":"Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. And (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a quot, high consequence areaquot. . The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.","title":"Community Protection and Preparedness Act of 2016","text_len":9009,"sum_len":1717} {"bill_id":"111_hr3639","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Expedited CARD Reform for Consumers \nAct of 2009''.\n\nSEC. 2. EARLIER EFFECTIVE DATE FOR CREDIT CARD PROVISIONS OF THE CREDIT \n CARD ACT OF 2009.\n\n Section 3 of the Credit Card Accountability Responsibility and \nDisclosure Act of 2009 (15 U.S.C. 1602 note) is amended--\n (1) by striking ``This Act'' and inserting ``(a) In \n General.--This Act''; and\n (2) by adding at the end the following new subsections:\n ``(b) Certain Credit Card Provisions.--Except as otherwise \nspecifically provided in this Act, titles I, II, and III, and the \namendments made by such titles, shall take effect on the date of the \nenactment of the Expedited CARD Reform for Consumers Act of 2009.\n ``(c) Certain Credit Card Issuers.--Except as otherwise \nspecifically provided in this Act and notwithstanding subsection (b), \nthe effective date established under subsection (a) shall apply with \nrespect to the application of titles I, II, and III, and the amendments \nmade by such titles, to any credit card issuer which is a depository \ninstitution (as defined in section 19(b)(1)(A) of the Federal Reserve \nAct) with fewer than 2,000,000 credit cards in circulation as of the \ndate of the enactment of this Act.''.\n\nSEC. 3. EARLIER EFFECTIVE DATES FOR SPECIFIC PROVISIONS TO PREVENT \n FURTHER ABUSES.\n\n (a) Review of Past Consumer Interest Rate Increases.--Section \n148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)) (as added by \nsection 101(c) of the Credit Card Accountability Responsibility and \nDisclosure Act of 2009) is amended--\n (1) by striking ``9 months after the date of enactment of \n this section'' and inserting ``the date of the enactment of the \n Expedited CARD Reform for Consumers Act of 2009, except that \n for a depository institution, as defined in section 19(b)(1)(A) \n of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer \n than 2 million credit cards in circulation on the date of the \n enactment of the Expedited CARD Reform for Consumers Act of \n 2009, the effective date shall be February 22, 2010,''; and\n (2) by striking ``become effective 15 months after that \n date of enactment'' and inserting ``take effect on the date of \n the enactment of the Expedited CARD Reform for Consumers Act of \n 2009, except that for a depository institution, as defined in \n section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. \n 461(b)(1)(A)), with fewer than 2 million credit cards in \n circulation on the date of the enactment of the Expedited CARD \n Reform for Consumers Act of 2009, the effective date shall be \n August 22, 2010''.\n (b) Requirement That Penalty Fees Be Reasonable and Proportional to \nthe Violation.--Section 149(b) of the Truth in Lending Act (15 U.S.C. \n1665d(b)) (as added by section 102(b) of the Credit Card Accountability \nResponsibility and Disclosure Act of 2009) is amended--\n (1) by striking ``9 months after the date of enactment of \n this section,'' and inserting ``the date of the enactment of \n the Expedited CARD Reform for Consumers Act of 2009, except \n that for a depository institution, as defined in section \n 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. \n 461(b)(1)(A)), with fewer than 2 million credit cards in \n circulation on the date of the enactment of the Expedited CARD \n Reform for Consumers Act of 2009, the effective date shall be \n February 22, 2010,''; and\n (2) by striking ``become effective 15 months after the date \n of enactment of the section'' and inserting ``take effect on \n the date of the enactment of the Expedited CARD Reform for \n Consumers Act of 2009, except that for a depository \n institution, as defined in section 19(b)(1)(A) of the Federal \n Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million \n credit cards in circulation on the date of the enactment of the \n Expedited CARD Reform for Consumers Act of 2009, the effective \n date shall be August 22, 2010''.\n\nSEC. 4. CLARIFICATION THAT 45-DAY DELAY DOES NOT APPLY TO REDUCTIONS IN \n INTEREST RATES AND FEES.\n\n Subsection (i) of section 127 of the Truth in Lending Act (15 \nU.S.C. 1637) (as added by section 101(a)(1) of the Credit CARD Act of \n2009) is amended by adding at the end the following new paragraph:\n ``(5) Clarification.--No provision of this subsection shall \n be construed as preventing any creditor from putting any \n reduction in an annual percentage rate, any decrease or \n elimination of any fee imposed on any consumer, or any \n significant change in terms solely or primarily for the benefit \n of the consumer into effect immediately.''.\n\nSEC. 5. MORATORIUM ON INCREASES IN RATES AND FEES AND CHANGES IN TERMS \n TO THE DETRIMENT OF THE CONSUMER.\n\n Notwithstanding any other provision of this Act or any amendment \nmade by this Act, subsection (b) of section 164 of the Truth in Lending \nAct (as added by section 104(4) of the Credit Card Accountability \nResponsibility and Disclosure Act of 2009 (Public Law 111-24)) shall \nnot take effect until February 22, 2010, for any creditor with respect \nto an existing credit card account under an open end credit plan, or \nsuch a plan issued on or after the date of enactment, as long as the \ncreditor does not--\n (1) increase any annual percentage rate, fee, or finance \n charge applicable to any existing or future balance, except as \n permitted under subsection 171(b) of the Truth in Lending Act \n (as added by Public Law 111-24); or\n (2) change the terms to the detriment of a consumer, \n including terms governing the repayment of any outstanding \n balance, except as provided in section 171(c) of the Truth in \n Lending Act (as added by Public Law 111-24).\n\nSEC. 6. ADDITIONAL LIMITATIONS ESTABLISHED.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (r) (as added by the Credit CARD Act of \n2009) the following new subsection:\n ``(s) Cancellation of Account Without Detrimental Effect.--If, in \nthe case of a credit card account under an open end consumer credit \nplan, the consumer receives notice of the imposition of a new fee, and \nwithin the 45-day period beginning on receipt of such notice, pays off \nany outstanding balance on the account, no creditor and no consumer \nreporting agency (as defined in section 603) may use such pay off or \nclosure of the consumer credit account to negatively impact the \nconsumer's credit score or consumer report (as such terms are defined \nin sections 609 and 603, respectively).''.\n\nSEC. 7. MORATORIUM ON RATE INCREASES.\n\n (a) In General.--During the period beginning on the date of the \nenactment of this Act and ending 9 months after the date of the \nenactment of the Credit Card Accountability Responsibility and \nDisclosure Act of 2009, in the case of any credit card account under an \nopen end consumer credit plan--\n (1) no creditor may increase any annual percentage rate, \n fee, or finance charge applicable to any outstanding balance, \n except as permitted under subsection 171(b) of the Truth in \n Lending Act (as added by Public Law 111-24); and\n (2) no creditor may change the terms governing the \n repayment of any outstanding balance, except as set forth in \n section 171(c) of the Truth in Lending Act (as added by Public \n Law 111-24).\n (b) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Annual percentage rate.--The term ``annual percentage \n rate'' means an annual percentage rate, as determined under \n section 107 of the Truth in Lending Act (15 U.S.C. 1606).\n (2) Finance charge.--The term ``finance charge'' means a \n finance charge, as determined under section 106 of the Truth in \n Lending Act (15 U.S.C. 1605).\n (3) Outstanding balance.--The term ``outstanding balance'' \n has the same meaning as in section 171(d) of the Truth in \n Lending Act (as added by Public Law 111-24).\n (4) Other terms.--Any term used in this section that is \n defined in section 103 of the Truth in Lending Act (15 U.S.C. \n 1602) and is not otherwise defined in this section shall have \n the same meanings as in section 103 of the Truth in Lending \n Act.\n (c) Regulatory Authority.--\n (1) In general.--The Board of Governors of the Federal \n Reserve System may prescribe such regulations as may be \n necessary to carry out this section.\n (2) Effective date.--The provisions of this section shall \n take effect upon the date of the enactment of this title, \n regardless of whether rules are issued under subsection (a).\n\n Passed the House of Representatives November 4, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Expedited CARD Reform for Consumers Act of 2009 - Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act. And (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009. Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases. Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR. And (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act. Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates. And (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act. States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR. (2) elimination or reduction of any fee imposed on a consumer. Or (3) any significant change in terms for the benefit of the consumer. Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance. Or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance . Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee. Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan. Or (2) changing the repayment terms of an outstanding balance . Ends such moratorium nine months after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 .","title":"To amend the Credit Card Accountability Responsibility and Disclosure Act of 2009 to establish an earlier effective date for various consumer protections, and for other purposes.","text_len":9387,"sum_len":3786} {"bill_id":"103_s899","text":"SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS.\n\n (a) Declarations.--The Congress finds and declares that--\n (1) police brutality is a problem of deep concern; and\n (2) the Congress has an interest in assisting local units \n in creating early warning systems that are effective, \n resilient, and affordable to the local units.\n (b) Definition.--In this Act, ``potential problem officer early \nwarning program'' means a system of procedures that is designed to--\n (1) identify police officers who have been the subject of \n an excessive number of legitimate complaints of excessive use \n of force by members of the public or have otherwise \n demonstrated the potentiality of having difficulty dealing \n appropriately with members of the public;\n (2) provide assistance to such officers in avoiding such \n difficulty in the future, including the provision of training \n in communication techniques, conflict resolution, and stress \n management; and\n (3) apply discipline where appropriate.\n (c) Evaluation and Report.--\n (1) Evaluation.--The Attorney General, acting through the \n Director of the National Institute of Justice, shall--\n (A) conduct an evaluation of potential problem \n officer early warning programs that are being or have \n been utilized by units of local government, including \n analyses of--\n (i) the effect on such programs of factors \n such as the population and geographic size and \n characteristics of a jurisdiction and the \n ability of such programs to adjust in a \n resilient manner to changes in such factors;\n (ii) the potential savings that local \n governments can realize from the operation of \n such programs as a result of the reduction in \n the number of citizen complaints, the reduction \n in the number of occasions in which it is \n necessary to change the duty assignments of or \n to dismiss (and replace) problem officers, and \n other beneficial effects;\n (iii) the positive and negative effects \n that such programs may have on the law \n enforcement system, such as their effect on \n police morale and the ability of police \n officers to perform their law enforcement \n duties;\n (iv) the ability of such programs to ensure \n the exoneration of officers whose conduct is \n proper while identifying those whose conduct \n indicates the necessity or desirability of \n prophylactic action; and\n (v) the costs of establishing such programs \n and of operating and monitoring the \n effectiveness of such programs on a permanent \n basis;\n (B) develop a model early warning system that is \n effective, capable of adjusting to changing \n circumstances, and affordable to units (or combinations \n of units) of local government of jurisdictions (or \n combinations of jurisdictions) with populations of \n 50,000 or more; and\n (C) prepare and disseminate to the law enforcement \n community, including Federal, State and local law \n enforcement agencies, findings and recommendations made \n as a result of the evaluation for the establishment of \n such programs.\n (2) Report.--On or before October 1, 1994, the Attorney \n General shall submit to Congress a report addressing the \n matters described in paragraph (1), with recommendations \n concerning the need or appropriateness of further action by the \n Federal Government.\n (3) Expenses.--Expenses incurred in conducting the \n evaluation and developing a model potential problem officer \n early warning system under paragraph (1) shall be paid out of \n funds that are available to the National Institute of Justice \n and not specifically appropriated for other purposes, to the \n extent that such funds can be made available without increasing \n the amount of appropriations for the National Institute of \n Justice for any fiscal year over the amount appropriated for \n fiscal year 1993.\n (d) Sense of Congress.--It is the sense of Congress that--\n (1) the Attorney General should, under existing authorities \n and using appropriations available for those authorities and \n funds otherwise available to the Attorney General, make seed \n money grants of up to $25,000 each to units (or combinations of \n units) of local government of jurisdictions (or combinations of \n jurisdictions) of a population of 50,000 or more for the \n purpose of assisting the police department (or other entity \n that performs the functions of a police department) in \n establishing a potential problem officer early warning program;\n (2) a unit of local government should be eligible to \n receive a grant described in subsection (c) if--\n (A) its police department (or other entity that \n performs the functions of a police department) adopts \n and enforces--\n (i) a written policy prohibiting the use of \n unreasonable or unnecessary physical force by \n law enforcement officers; and\n (ii) written procedures for receiving and \n investigating citizen complaints alleging \n misconduct by law enforcement officers;\n (B) the program to be funded includes provisions \n for continuing self-monitoring of the program, \n including the provision to the Attorney General of \n information that may be useful in performing the \n evaluation and developing the model program described \n in subsection (d)(1); and\n (C) the grant recipient demonstrates a commitment \n to the long-term continuance of the program and the \n reduction of the incidence of police brutality;\n (3) a policy described in paragraph (2)(A) should--\n (A) restrict the use of force to circumstances \n authorized by law and to the degree minimally necessary \n to accomplish a lawful law enforcement purpose; and\n (B) include procedures for reporting and monitoring \n the use of force by officers within the jurisdiction of \n the department;\n (4) the procedures described in paragraph (2)(B) should \n require that complainants--\n (A) be allowed to receive copies of their \n complaints;\n (B) be informed of the findings, disposition, and \n specific disciplinary actions, if any, resulting from \n their complaints; and\n (C) be permitted to attend any disciplinary \n hearings that result from their complaints;\n (5) a unit (or combination of units) of local government \n should receive grants described in this subsection in amounts \n that do not exceed $50,000 in the aggregate; and\n (6) the total amount of grants described in this subsection \n that are made during fiscal years 1994, 1995, 1996, 1997, and \n 1998 should not exceed $5,000,000.","summary":"Directs the Attorney General to: (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments. (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more. And (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs. Sets forth provisions regarding: (1) reporting requirements. And (2) payment of expenses incurred in conducting the evaluation and developing a model system. Expresses thhe sense of the Congress that: (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs. And (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints.","title":"A bill to require the Attorney General to prepare an evaluation and report on potential problem officer early warning programs and to develop a model potential problem officer early warning program, and to express the sense of the Congress that the Attorney General, under existing authorities, should provide assistance to local jurisdictions in establishing procedures to identify and provide guidance to police officers who demonstrate the potentiality of having difficulty dealing with members of the public on a consistent basis.","text_len":8235,"sum_len":1032} {"bill_id":"108_s25","text":"SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES.\n\n (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 \n(relating to maximum capital gains rate) is amended by adding at the \nend the following new paragraph:\n ``(13) Dividends taxed as net capital gain.--\n ``(A) In general.--For purposes of this subsection, \n the term `net capital gain' means net capital gain \n (determined without regard to this paragraph), \n increased by qualified dividend income.\n ``(B) Qualified dividend income.--For purposes of \n this paragraph--\n ``(i) In general.--The term `qualified \n dividend income' means dividends received from \n domestic corporations during the taxable year.\n ``(ii) Certain dividends excluded.--Such \n term shall not include--\n ``(I) any dividend from a \n corporation which for the taxable year \n of the corporation in which the \n distribution is made, or the preceding \n taxable year, is a corporation exempt \n from tax under section 501 or 521,\n ``(II) any amount allowed as a \n deduction under section 591 (relating \n to deduction for dividends paid by \n mutual savings banks, etc.), and\n ``(III) any dividend described in \n section 404(k).\n ``(iii) Minimum holding period.--Such term \n shall not include any dividend on any share of \n stock with respect to which the holding period \n requirements of section 246(c) are not met.\n ``(C) Special rules.--\n ``(i) Amounts taken into account as \n investment income.--Qualified dividend income \n shall not include any amount which the taxpayer \n takes into account as investment income under \n section 163(d)(4)(B).\n ``(ii) Nonresident aliens.--In the case of \n a nonresident alien individual, subparagraph \n (A) shall apply only--\n ``(I) in determining the tax \n imposed for the taxable year pursuant \n to section 871(b) and only in respect \n of amounts which are effectively \n connected with the conduct of a trade \n or business within the United States, \n and\n ``(II) in determining the tax \n imposed for the taxable year pursuant \n to section 877.\n ``(iii) Treatment of dividends from \n regulated investment companies and real estate \n investment trusts.--\n\n ``For treatment of dividends from \nregulated investment companies and real estate investment trusts, see \nsections 854 and 857.''\n (b) Exclusion of Dividends From Investment Income.--Subparagraph \n(B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining \nnet investment income) is amended by adding at the end the following \nflush sentence:\n ``Such term shall include qualified dividend income (as \n defined in section 1(h)(13)(B)) only to the extent the \n taxpayer elects to treat such income as investment \n income for purposes of this subsection.''\n (c) Treatment of Dividends From Regulated Investment Companies.--\n (1) Subsection (a) of section 854 of the Internal Revenue \n Code of 1986 (relating to dividends received from regulated \n investment companies) is amended by inserting ``section \n 1(h)(13) (relating to maximum rate of tax on dividends and \n interest) and'' after ``For purposes of''.\n (2) Paragraph (1) of section 854(b) of such Code (relating \n to other dividends) is amended by redesignating subparagraph \n (B) as subparagraph (C) and by inserting after subparagraph (A) \n the following new subparagraph:\n ``(B) Maximum rate under section 1(h).--\n ``(i) In general.--If the aggregate \n dividends received by a regulated investment \n company during any taxable year is less than 95 \n percent of its gross income, then, in computing \n the maximum rate under section 1(h)(13), rules \n similar to the rules of subparagraph (A) shall \n apply.\n ``(ii) Gross income.--For purposes of \n clause (i), in the case of 1 or more sales or \n other dispositions of stock or securities, the \n term `gross income' includes only the excess \n of--\n ``(I) the net short-term capital \n gain from such sales or dispositions, \n over\n ``(II) the net long-term capital \n loss from such sales or dispositions.''\n (3) Subparagraph (C) of section 854(b)(1) of such Code, as \n redesignated by paragraph (2), is amended by striking \n ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.\n (4) Paragraph (2) of section 854(b) of such Code is amended \n by inserting ``the maximum rate under section 1(h)(13) and'' \n after ``for purposes of''.\n (d) Treatment of Dividends Received From Real Estate Investment \nTrusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating \nto restrictions applicable to dividends received from real estate \ninvestment trusts) is amended to read as follows:\n ``(c) Restrictions Applicable To Dividends Received From Real \nEstate Investment Trusts.--For purposes of section 1(h)(13) (relating \nto maximum rate of tax on dividends) and section 243 (relating to \ndeductions received by corporations), a dividend received from a real \nestate investment trust which meets the requirements of this part shall \nnot be considered a dividend.''\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2002.","summary":"Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain.","title":"A bill to amend the Internal Revenue Code of 1986 to provide that dividend income of individuals not be taxed at rates in excess of the maximum capital gains rate.","text_len":7064,"sum_len":100} {"bill_id":"110_s2496","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhancing Teaching Standards and \nLicense Portability Act of 2007''.\n\nSEC. 2. TEACHING STANDARDS AND LICENSE PORTABILITY.\n\n Part C of title II of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the \nfollowing:\n\n ``Subpart 6--Teaching Standards and License Portability\n\n``SEC. 2371. PURPOSES.\n\n ``The purposes of this subpart are the following:\n ``(1) To support the development of rigorous kindergarten \n through grade 12 teaching standards that incorporate 21st \n century learning skills.\n ``(2) To create incentives for States to adopt, pilot, and \n implement such rigorous kindergarten through grade 12 teaching \n standards.\n ``(3) To create incentives for States to align the States' \n teacher licensing systems to such rigorous kindergarten through \n grade 12 teaching standards.\n ``(4) To create incentives for States to develop policies \n to facilitate teacher license portability across States in \n order to improve the capacity of States to collaboratively \n address teacher shortages.\n\n``SEC. 2372. DEFINITIONS.\n\n ``In this subpart:\n ``(1) Core teaching standards.--The term `core teaching \n standards' means standards that all beginning teachers should \n know and be able to teach in order to practice responsibly, \n regardless of the subject matter or grade level being taught.\n ``(2) Eligible entity.--The term `eligible entity' means an \n organization representing administrators of State educational \n agencies in partnership with 1 or more independent professional \n organizations with expertise in the following areas:\n ``(A) Teacher preparation and licensure.\n ``(B) Assessment of teacher knowledge, skills, and \n competencies.\n ``(3) 21st century learning skills.--The term `21st century \n learning skills' means the skills, knowledge, and competencies \n that students should master to succeed in postsecondary \n education and the workforce of the 21st century, including \n creativity and innovation skills, critical thinking and \n problem-solving skills, communication and collaboration skills, \n information and technology literacy, civic and health literacy, \n adaptability, social and cross-cultural skills, and leadership \n skills.\n\n``SEC. 2373. GRANT PROGRAM AUTHORIZED.\n\n ``(a) Authorization.--The Secretary is authorized to award a \ncompetitive grant to an eligible entity to enable such entity to carry \nout the following:\n ``(1) The development or updating of core teaching \n standards and content-specific kindergarten through grade 12 \n teaching standards that are rigorous and incorporate 21st \n century learning skills and recent research and expert \n knowledge on teaching practices.\n ``(2) The development of teacher assessments linked to the \n kindergarten through grade 12 teaching standards that can be \n used for licensing, are valid and reliable, and are \n performance-based.\n ``(3) The awarding of subgrants as described in subsection \n (b)(2) to State educational agencies.\n ``(4) The provision of technical assistance to States in \n the adoption, pilot testing, and implementation of kindergarten \n through grade 12 teaching standards and teacher assessments as \n described in paragraph (2).\n ``(5) The provision of technical assistance to States to \n facilitate teacher license portability across States through \n changes in relevant State policies or the creation of new \n policies for such purpose.\n ``(b) Uses of Funds.--\n ``(1) Direct activities.--\n ``(A) First and second years.--An eligible entity \n that receives a grant under subsection (a) shall use \n 100 percent of the funds made available through the \n grant for the first and second fiscal years--\n ``(i) to develop or update the core \n teaching standards and content-specific \n kindergarten through grade 12 teaching \n standards; and\n ``(ii) to develop and pilot test teacher \n performance assessments that can be used to \n supplement or supplant current State licensing \n exams.\n ``(B) Third year and beyond.--An eligible entity \n that receives a grant under subsection (a) shall use \n not more than 40 percent of the funds made available \n through the grant for the third fiscal year, not more \n than 30 percent of the funds made available through the \n grant for the fourth fiscal year, and not more than 20 \n percent of the funds made available through the grant \n for the fifth fiscal year--\n ``(i) to continue pilot testing and \n validating the teacher performance assessments;\n ``(ii) to disseminate the kindergarten \n through grade 12 teaching standards, \n assessments, and any other materials that \n States may need to properly evaluate and adopt \n such standards, assessments, and materials;\n ``(iii) to provide technical assistance to \n States in--\n ``(I) adopting the kindergarten \n through grade 12 teaching standards;\n ``(II) pilot testing the teacher \n assessments; and\n ``(III) reliably and accurately \n administering and interpreting the \n teacher assessments; and\n ``(iv) to fund research activities that \n further the development of kindergarten through \n grade 12 teaching standards and assessments.\n ``(2) Subgrants.--An eligible entity that receives a grant \n under subsection (a) shall use not less than 60 percent of the \n funds made available through the grant for the third fiscal \n year, not less than 70 percent of the funds made available \n through the grant for the fourth fiscal year, and not less than \n 80 percent of the funds made available through the grant for \n the fifth fiscal year to award subgrants to State educational \n agencies to pay the Federal share of the costs of carrying out \n the following activities in the States:\n ``(A) To adopt the core teaching standards and \n content-specific kindergarten through grade 12 teaching \n standards developed or updated by the eligible entity.\n ``(B) To align the States' teacher licensing \n systems to such standards, which may include the pilot \n testing and use of teacher assessments developed by the \n eligible entity under paragraph (1)(A)(ii).\n ``(C) To change relevant policies or introduce new \n policies to facilitate teacher license portability \n across the States.\n\n``SEC. 2374. APPLICATIONS.\n\n ``(a) Grant Application.--\n ``(1) In general.--An eligible entity that desires a grant \n under this subpart shall submit to the Secretary an application \n at such time, in such manner, and accompanied by such \n information as the Secretary may require.\n ``(2) Contents.--In an application submitted under \n paragraph (1), an eligible entity shall include, at a minimum, \n a description of the capability of the entity to carry out \n section 2373(b).\n ``(b) Subgrant Application.--\n ``(1) In general.--A State educational agency that desires \n a subgrant under this subpart shall submit an application to \n the eligible entity at such time, in such manner, and \n accompanied by such information as the eligible entity may \n require.\n ``(2) Contents.--In an application submitted under \n paragraph (1), a State educational agency shall include, at a \n minimum, a description of how the agency plans to carry out the \n activities described in subparagraphs (A), (B), and (C) of \n section 2373(b)(2).\n\n``SEC. 2375. FEDERAL SHARE.\n\n ``(a) Federal Share.--For State educational agencies receiving a \nsubgrant under section 2371(b)(2), the Federal share of the cost of \ncarrying out the activities described in subparagraphs (A), (B), and \n(C) of section 2371(b)(2) shall be 50 percent.\n ``(b) Payment of Non-Federal Share.--The non-Federal share may be \npaid in cash or in kind (fairly evaluated).\n\n``SEC. 2376. REPORTS TO CONGRESS.\n\n ``Not later than 2 years after the date funds are first made \navailable to carry out this subpart, and again 2 years thereafter, the \nComptroller General of the United States shall submit to the \nappropriate committees of Congress a report regarding activities \nassisted under this subpart.\n\n``SEC. 2377. SUPPLEMENT, NOT SUPPLANT.\n\n ``Funds made available to carry out this subpart shall be used to \nsupplement, and not supplant, other Federal, State, and local funds \navailable to carry out the [purposes described in section 2371].\n\n``SEC. 2378. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this \nsubpart--\n ``(1) $4,000,000 for each of fiscal years 2008 and 2009; \n and\n ``(2) $10,000,000 for each of fiscal years 2010, 2011, and \n 2012.''.","summary":"Enhancing Teaching Standards and License Portability Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award a competitive grant to a partnership between an organization representing state educational agency administrators and one or more independent professional organizations that have teacher preparation, licensure, and assessment expertise to: (1) enhance kindergarten through grade 12 teaching standards. (2) develop performance-based teaching assessments that are linked to such standards and can be used for licensing. And (3) provide technical assistance and matching subgrants to states to adopt such teaching standards and assessments, align their licensing systems to such standards, and facilitate teacher license portability across the states.","title":"A bill to amend title II of the Elementary and Secondary Education Act of 1965 to enhance teaching standards and provide for license portability.","text_len":10246,"sum_len":822} {"bill_id":"109_hr3408","text":"SECTION 1. EXTENSION.\n (a) In General.--Chapter 5 of subtitle B of the Agricultural \nMarketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at \nthe end the following new section:\n ``SEC. 260. TERMINATION OF AUTHORITY.\n ``The authority provided by this subtitle terminates on September \n30, 2010.''.\n (b) Conforming Amendment and Extension.--Section 942 of the \nLivestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public \nLaw 106-78) is amended by striking ``terminate on September 30, 2005'' \nand inserting ``(other than section 911 of subtitle A and the \namendments made by that section) terminate on September 30, 2010''.\nSEC. 2. DEFINITIONS.\n (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing \nAct of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:\n ``(4) Base market hog.--The term `base market hog' means a \n barrow or gilt for which no discounts are subtracted from and no \n premiums are added to the base price.''.\n (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is \namended to read as follows:\n ``(5) Boar.--The term `boar' means a sexually-intact male \n swine.''.\n (c) Packer of Sows and Boars.--Section 231(12) of such Act (7 \nU.S.C. 1635i(12)) is amended by--\n (1) striking subparagraph (B) and inserting the following new \n subparagraph:\n ``(B) for any calendar year, the term includes only--\n ``(i) a swine processing plant that slaughtered an \n average of at least 100,000 swine per year during the \n immediately preceding five calendar years; and\n ``(ii) a person that slaughtered an average of at least \n 200,000 sows, boars, or any combination thereof, per year \n during the immediately preceding five calendar years; \n and''; and\n (2) in subparagraph (C)--\n (A) by inserting ``or person'' after ``swine processing \n plant'';\n (B) by inserting ``or person'' after ``plant capacity of \n the processing plant''; and\n (C) by inserting ``or person'' after ``determining whether \n the processing plant''.\nSEC. 3. REPORTING; BARROWS AND GILTS.\n Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. \n1635j(c)) is amended to read as follows:\n ``(c) Daily Reporting; Barrows and Gilts.--\n ``(1) Prior day report.--\n ``(A) In general.--The corporate officers or officially \n designated representatives of each packer processing plant that \n processes barrows or gilts shall report to the Secretary, for \n each business day of the packer, such information as the \n Secretary determines necessary and appropriate to--\n ``(i) comply with the publication requirements of this \n section; and\n ``(ii) provide for the timely access to the information \n by producers, packers, and other market participants.\n ``(B) Reporting deadline and plants required to report.--A \n packer required to report under subparagraph (A) shall--\n ``(i) not later than 7:00 a.m. Central Time on each \n reporting day, report information regarding all barrows and \n gilts purchased or priced, and\n ``(ii) not later than 9:00 a.m. Central Time on each \n reporting day, report information regarding all barrows and \n gilts slaughtered,\n during the prior business day of the packer.\n ``(C) Information required.--The information from the prior \n business day of a packer required under this paragraph shall \n include--\n ``(i) all purchase data, including--\n\n ``(I) the total number of--\n\n ``(aa) barrows and gilts purchased; and\n ``(bb) barrows and gilts scheduled for \n delivery; and\n\n ``(II) the base price and purchase data for \n slaughtered barrows and gilts for which a price has \n been established;\n\n ``(ii) all slaughter data for the total number of \n barrows and gilts slaughtered, including--\n\n ``(I) information concerning the net price, which \n shall be equal to the total amount paid by a packer to \n a producer (including all premiums, less all discounts) \n per hundred pounds of carcass weight of barrows and \n gilts delivered at the plant--\n\n ``(aa) including any sum deducted from the \n price per hundredweight paid to a producer that \n reflects the repayment of a balance owed by the \n producer to the packer or the accumulation of a \n balance to later be repaid by the packer to the \n producer; and\n ``(bb) excluding any sum earlier paid to a \n producer that must later be repaid to the packer;\n\n ``(II) information concerning the average net \n price, which shall be equal to the quotient (stated per \n hundred pounds of carcass weight of barrows and gilts) \n obtained by dividing--\n\n ``(aa) the total amount paid for the barrows \n and gilts slaughtered at a packing plant during the \n applicable reporting period, including all premiums \n and discounts, and including any sum deducted from \n the price per hundredweight paid to a producer that \n reflects the repayment of a balance owed by the \n producer to the packer, or the accumulation of a \n balance to later be repaid by the packer to the \n producer, less all discounts; by\n ``(bb) the total carcass weight (in hundred \n pound increments) of the barrows and gilts;\n\n ``(III) information concerning the lowest net \n price, which shall be equal to the lowest net price \n paid for a single lot or a group of barrows or gilts \n slaughtered at a packing plant during the applicable \n reporting period per hundred pounds of carcass weight \n of barrows and gilts;\n ``(IV) information concerning the highest net \n price, which shall be equal to the highest net price \n paid for a single lot or group of barrows or gilts \n slaughtered at a packing plant during the applicable \n reporting period per hundred pounds of carcass weight \n of barrows and gilts;\n ``(V) the average carcass weight, which shall be \n equal to the quotient obtained by dividing--\n\n ``(aa) the total carcass weight of the barrows \n and gilts slaughtered at the packing plant during \n the applicable reporting period, by\n ``(bb) the number of the barrows and gilts \n described in item (aa),\n\n adjusted for special slaughter situations (such as \n skinning or foot removal), as the Secretary determines \n necessary to render comparable carcass weights;\n ``(VI) the average sort loss, which shall be equal \n to the average discount (in dollars per hundred pounds \n carcass weight) for barrows and gilts slaughtered \n during the applicable reporting period, resulting from \n the fact that the barrows and gilts did not fall within \n the individual packer's established carcass weight or \n lot variation range;\n ``(VII) the average backfat, which shall be equal \n to the average of the backfat thickness (in inches) \n measured between the third and fourth from the last \n ribs, 7 centimeters from the carcass split (or adjusted \n from the individual packer's measurement to that \n reference point using an adjustment made by the \n Secretary) of the barrows and gilts slaughtered during \n the applicable reporting period;\n ``(VIII) the average lean percentage, which shall \n be equal to the average percentage of the carcass \n weight comprised of lean meat for the barrows and gilts \n slaughtered during the applicable reporting period, \n except that when a packer is required to report the \n average lean percentage under this subclause, the \n packer shall make available to the Secretary the \n underlying data, applicable methodology and formulae, \n and supporting materials used to determine the average \n lean percentage, which the Secretary may convert to the \n carcass measurements or lean percentage of the barrows \n and gilts of the individual packer to correlate to a \n common percent lean measurement; and\n ``(IX) the total slaughter quantity, which shall be \n equal to the total number of barrows and gilts \n slaughtered during the applicable reporting period, \n including all types of purchases and barrows and gilts \n that qualify as packer-owned swine; and\n\n ``(iii) packer purchase commitments, which shall be \n equal to the number of barrows and gilts scheduled for \n delivery to a packer for slaughter for each of the next 14 \n calendar days.\n ``(D) Publication.--\n ``(i) In general.--The Secretary shall publish the \n information obtained under this paragraph in a prior day \n report--\n\n ``(I) in the case of information regarding barrows \n and gilts purchased or priced, not later than 8:00 a.m. \n Central Time, and\n ``(II) in the case of information regarding barrows \n and gilts slaughtered, not later than 10:00 a.m. \n Central Time,\n\n on the reporting day on which the information is received \n from the packer.\n ``(ii) Price distributions.--The information published \n by the Secretary under clause (i) shall include a \n distribution of net prices in the range between and \n including the lowest net price and the highest net price \n reported. The publication shall include a delineation of \n the number of barrows and gilts at each reported price \n level or, at the option of the Secretary, the number of \n barrows and gilts within each of a series of reasonable \n price bands within the range of prices.\n ``(2) Morning report.--\n ``(A) In general.--The corporate officers or officially \n designated representatives of each packer processing plant that \n processes barrows or gilts shall report to the Secretary not \n later than 10:00 a.m. Central Time each reporting day--\n ``(i) the packer's best estimate of the total number of \n barrows and gilts, and barrows and gilts that qualify as \n packer-owned swine, expected to be purchased throughout the \n reporting day through each type of purchase;\n ``(ii) the total number of barrows and gilts, and \n barrows and gilts that qualify as packer-owned swine, \n purchased up to that time of the reporting day through each \n type of purchase;\n ``(iii) the base price paid for all base market hogs \n purchased up to that time of the reporting day through \n negotiated purchases; and\n ``(iv) the base price paid for all base market hogs \n purchased through each type of purchase other than \n negotiated purchase up to that time of the reporting day, \n unless such information is unavailable due to pricing that \n is determined on a delayed basis.\n ``(B) Publication.--The Secretary shall publish the \n information obtained under this paragraph in the morning report \n as soon as practicable, but not later than 11:00 a.m. Central \n Time, on each reporting day.\n ``(3) Afternoon report.--\n ``(A) In general.--The corporate officers or officially \n designated representatives of each packer processing plant that \n processes barrows or gilts shall report to the Secretary not \n later than 2:00 p.m. Central Time each reporting day--\n ``(i) the packer's best estimate of the total number of \n barrows and gilts, and barrows and gilts that qualify as \n packer-owned swine, expected to be purchased throughout the \n reporting day through each type of purchase;\n ``(ii) the total number of barrows and gilts, and \n barrows and gilts that qualify as packer-owned swine, \n purchased up to that time of the reporting day through each \n type of purchase;\n ``(iii) the base price paid for all base market hogs \n purchased up to that time of the reporting day through \n negotiated purchases; and\n ``(iv) the base price paid for all base market hogs \n purchased up to that time of the reporting day through each \n type of purchase other than negotiated purchase, unless \n such information is unavailable due to pricing that is \n determined on a delayed basis.\n ``(B) Publication.--The Secretary shall publish the \n information obtained under this paragraph in the afternoon \n report as soon as practicable, but not later than 3:00 p.m. \n Central Time, on each reporting day.''.\nSEC. 4. REPORTING; SOWS AND BOARS.\n Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C. \n1635j) is amended by--\n (1) redesignating subsection (d) as subsection (e); and\n (2) inserting after subsection (c) the following new \n subsection:\n ``(d) Daily Reporting; Sows and Boars.--\n ``(1) Prior day report.--The corporate officers or officially \n designated representatives of each packer of sows and boars shall \n report to the Secretary, for each business day of the packer, such \n information reported by hog class as the Secretary determines \n necessary and appropriate to--\n ``(A) comply with the publication requirements of this \n section; and\n ``(B) provide for the timely access to the information by \n producers, packers, and other market participants.\n ``(2) Reporting.--Not later than 9:30 a.m. Central Time, or \n such other time as the Secretary considers appropriate, on each \n reporting day, a packer required to report under paragraph (1) \n shall report information regarding all sows and boars purchased or \n priced during the prior business day of the packer.\n ``(3) Information required.--The information from the prior \n business day of a packer required under this subsection shall \n include all purchase data, including--\n ``(A) the total number of sows purchased and the total \n number of boars purchased, each divided into at least three \n reasonable and meaningful weight classes specified by the \n Secretary;\n ``(B) the number of sows that qualify as packer-owned \n swine;\n ``(C) the number of boars that qualify as packer-owned \n swine;\n ``(D) the average price paid for all sows;\n ``(E) the average price paid for all boars;\n ``(F) the average price paid for sows in each weight class \n specified by the Secretary under subparagraph (A);\n ``(G) the average price paid for boars in each weight class \n specified by the Secretary under subparagraph (A);\n ``(H) the number of sows and the number of boars for which \n prices are determined, by each type of purchase;\n ``(I) the average prices for sows and the average prices \n for boars for which prices are determined, by each type of \n purchase; and\n ``(J) such other information as the Secretary considers \n appropriate to carry out this subsection.\n ``(4) Price calculations without packer-owned swine.--A packer \n shall omit the prices of sows and boars that qualify as packer-\n owned swine from all average price calculations, price range \n calculations, and reports required by this subsection.\n ``(5) Reporting exception: public auction purchases.--The \n information required to be reported under this subsection shall not \n include purchases of sows or boars made by agents of the reporting \n packer at a public auction at which the title of the sows and boars \n is transferred directly from the producer to such packer.\n ``(6) Publication.--The Secretary shall publish the information \n obtained under this paragraph in a prior day report not later than \n 11:00 a.m. Central Time on the reporting day on which the \n information is received from the packer.\n ``(7) Electronic submission of information.--The Secretary of \n Agriculture shall provide for the electronic submission of any \n information required to be reported under this subsection through \n an Internet website or equivalent electronic means maintained by \n the Department of Agriculture.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends the Agricultural Marketing Act of 1946 to extend the provisions of the Livestock Mandatory Price Reporting Act of 1999 through September 30, 2010. Amends swine price reporting provisions.","title":"To reauthorize the Livestock Mandatory Reporting Act of 1999 and to amend the swine reporting provisions of that Act.","text_len":18303,"sum_len":194} {"bill_id":"107_hr1582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Immigrant Children's Educational \nAdvancement and Dropout Prevention Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Undocumented children come to the United States for a \n variety of reasons. Most are brought to the United States by \n adults and have no ability to make an independent decision \n about whether or not to migrate to the United States. Some come \n with their parents. Others are brought by smugglers and \n traffickers intent on exploiting them.\n (2) It is the policy of the United States Government, \n supported both by acts of Congress and Supreme Court precedent, \n to permit undocumented children to attend public schools in the \n United States. This policy is rooted in recognition of the fact \n that such children often are not in a position to make an \n independent decision about where they will live, of the \n vulnerability of children, and by the desire to ensure that \n such children have an opportunity to become educated while in \n the United States.\n (3) Each year, 50,000 to 75,000 such undocumented children \n graduate from United States public schools after having resided \n in the United States for 5 or more years.\n (4) Young children who have resided in the United States \n for a substantial period of their lives often are acculturated \n as Americans, including learning to speak English. Often, they \n consider themselves Americans and have little or no knowledge \n or ties to the country in which they were born.\n (5) Current law provides little avenue for long-staying \n alien children to regularize their immigration status. This, in \n turn, prevents them from continuing their education past high \n school, making it less likely that they will succeed in life \n and encouraging many to drop out of high school before \n graduating.\n (6) While current law requires State and local governments \n to provide elementary and secondary education to undocumented \n alien children, the law effectively precludes State and local \n governments from providing in-State tuition to these same alien \n children once they have graduated from high school.\n (b) Purposes.--The purposes of this Act are--\n (1) to provide an opportunity to certain alien children who \n were brought to the United States at a young age and have since \n been acculturated in the United States to adjust their status \n to lawful permanent residency and become contributing members \n of United States society;\n (2) to restore to each State the flexibility to provide in-\n State tuition to all children residing in the State, including \n to undocumented alien children; and\n (3) to permit and encourage alien children who were brought \n to the United States at a young age and have been educated in \n United States elementary and secondary schools to continue \n their education through high school graduation and into \n college.\n\nSEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN \n CHILDREN.\n\n (a) In General.--Section 240A(b) of the Immigration and Nationality \nAct (8 U.S.C. 1229b(b)) is amended--\n (1) in paragraph (3)--\n (A) by striking ``paragraph (1) or (2)'' and \n inserting ``paragraph (1), (2), or (3)'' each place it \n appears;\n (B) by redesignating such paragraph as paragraph \n (5); and\n (C) by moving such paragraph to follow paragraph \n (4); and\n (2) by inserting after paragraph (2) the following new \n paragraph:\n ``(3) Rule for alien residents brought to the united states \n as children.--\n ``(A) Authority.--Subject to the restrictions in \n subparagraph (D), the Attorney General shall cancel \n removal of, and adjust to the status of an alien \n lawfully admitted for permanent residence, an alien who \n is inadmissible or deportable from the United States if \n the alien demonstrates that--\n ``(i) in the case of an alien who--\n ``(I) has not attained the age of \n 21 at the time of application, the \n alien has been physically present in \n the United States for a continuous \n period of not less than five years \n immediately preceding the date of such \n application, or\n ``(II) has attained the age of 21 \n but had not attained the age of 25 at \n the time of application, such alien has \n been physically present in the United \n States for a continuous period of not \n less than five years immediately \n preceding the date of such application, \n including the five years immediately \n preceding the attainment of the age of \n 21;\n ``(ii) the alien has been a person of good \n moral character during the five-year period \n preceding the application and admission; and\n ``(iii) the alien is either a secondary \n school student in the United States, is \n attending an accredited two-year or four-year \n post secondary educational institution in the \n United States, or has submitted an application \n for admission to an accredited two-year or \n four-year post-secondary educational \n institution in the United States.\n ``(B) Treatment of minor children.--The status of \n an alien shall be adjusted by the Attorney General to \n that of an alien lawfully admitted for permanent \n residence if the alien is the child of an alien \n described in subparagraph (A).\n ``(C) Application for relief.--The Attorney General \n shall provide a procedure by regulation allowing \n eligible individuals to apply affirmatively for the \n relief available under this paragraph without being \n placed in removal proceedings.\n ``(D) Restrictions on authority.--The provisions of \n this paragraph shall not apply to any of the following \n aliens:\n ``(i) An alien who is inadmissible under \n section 212(a)(2)(A)(i)(I) or is deportable \n under section 237(a)(2)(A)(i) (relating to \n crimes of moral turpitude) unless the Attorney \n General determines that the alien's removal \n would result in extreme hardship to the alien, \n the alien's child, or (in the case of an alien \n who is a child) to the alien's parent.\n ``(ii) An alien who is inadmissible under \n section 212(a)(3) or is deportable under \n section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii) \n (relating to security and related grounds).''.\n (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of \nsuch Act (8 U.S.C. 1229b(e)) is amended by adding at the end the \nfollowing new subparagraph:\n ``(C) Aliens described in subsection (b)(3).''.\n\nSEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE \n HIGHER EDUCATION ASSISTANCE.\n\n Notwithstanding any other provision of law, a child who has applied \nfor relief under section 240A(b)(3) of the Immigration and Nationality \nAct (as added by the section 3(a)) but whose application has not been \nfinally adjudicated, shall be deemed to be a ``qualified alien'' under \nsection 431(b) of the Personal Responsibility and Work Opportunity \nReconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of \nreceiving any post-secondary education benefit, including any grants, \nloans, or scholarships.\n\nSEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE \n SYSTEMS.\n\n (a) In General.--Section 505 of the Illegal Immigration Reform and \nImmigrant Responsibility Act of 1996 (division C of Public Law 104-208; \n110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed.\n (b) Effective Date.--The repeal made by subsection (a) shall take \neffect as if included in the enactment of the Illegal Immigration \nReform and Immigrant Responsibility Act of 1996.","summary":"Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain alien secondary or college students with qualifying years of US residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a US national is similarly eligible without regard to such State residence.","title":"To amend the Immigration and Nationality Act to adjust the status of certain long-staying alien children, to lower high school drop out rates for certain immigrant children, and to restore the right of State and local governments to decide whom they will admit to their State and local colleges and universities.","text_len":9419,"sum_len":737} {"bill_id":"111_hr4614","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Katie Sepich Enhanced DNA Collection \nAct of 2010''.\n\nSEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO \n IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES.\n\n Section 505 of title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end \nthe following new subsection:\n ``(i) Payment Incentives for States to Implement Minimum and \nEnhanced DNA Collection Processes.--\n ``(1) Payment incentives.--\n ``(A) Bonus for minimum dna collection process.--\n Subject to subparagraph (B), in the case of a State \n that receives funds for a fiscal year (beginning with \n fiscal year 2011) under this subpart and has \n implemented a minimum DNA collection process and uses \n such process for such year, the amount of funds that \n would otherwise be allocated under this subpart to such \n State for such fiscal year shall be increased by 5 \n percent.\n ``(B) Bonus for enhanced dna collection process.--\n In the case of a State that receives funds for a fiscal \n year (beginning with fiscal year 2011) under this \n subpart and has implemented an enhanced DNA collection \n process and uses such process for such year, the amount \n of funds that would otherwise be allocated under this \n subpart to such State for such fiscal year shall be \n increased by 10 percent.\n ``(2) Definitions.--For purposes of this subsection:\n ``(A) Minimum dna collection process.--The term \n `minimum DNA collection process' means, with respect to \n a State, a process under which the Combined DNA Index \n System (CODIS) of the Federal Bureau of Investigation \n is searched at least one time against samples from the \n following individuals who are at least 18 years of age:\n ``(i) Such individuals who are arrested \n for, charged with, or indicted for a criminal \n offense under State law that consists of murder \n or voluntary manslaughter or any attempt to \n commit murder or voluntary manslaughter.\n ``(ii) Such individuals who are arrested \n for, charged with, or indicted for a criminal \n offense under State law that has an element \n involving a sexual act or sexual contact with \n another and that is punishable by imprisonment \n for more than 5 years, or an attempt to commit \n such an offense.\n ``(iii) Such individuals who are arrested \n for, charged with, or indicted for a criminal \n offense under State law that has an element of \n kidnaping or abduction punishable by \n imprisonment for 5 years or more.\n ``(B) Enhanced dna collection process.--The term \n `enhanced DNA collection process' means, with respect \n to a State, a process under which the State provides \n for the collection, for purposes of inclusion in the \n Combined DNA Index System (CODIS) of the Federal Bureau \n of Investigation, of DNA samples from the following \n individuals who are at least 18 years of age:\n ``(i) Such individuals who are arrested for \n or charged with a criminal offense under State \n law that consists of murder or voluntary \n manslaughter or any attempt to commit murder or \n voluntary manslaughter.\n ``(ii) Such individuals who are arrested \n for or charged with a criminal offense under \n State law that has an element involving a \n sexual act or sexual contact with another and \n that is punishable by imprisonment for more \n than 1 year, or an attempt to commit such an \n offense.\n ``(iii) Such individuals who are arrested \n for or charged with a criminal offense under \n State law that consists of a specified offense \n against a minor (as defined in section 111(7) \n of the Sex Offender Registration and \n Notification Act (42 U.S.C. 16911(7)), or an \n attempt to commit such an offense.\n ``(iv) Such individuals who are arrested \n for or charged with a criminal offense under \n State law that consists of burglary or any \n attempt to commit burglary.\n ``(v) Such individuals who are arrested for \n or charged with a criminal offense under State \n law that consists of aggravated assault.\n ``(3) Expungement of profiles.--The expungement \n requirements under section 210304(d) of the DNA Identification \n Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples \n collected pursuant to this subsection for purposes of inclusion \n in the Combined DNA Index System (CODIS) of the Federal Bureau \n of Investigation.\n ``(4) Reports.--The Attorney General shall submit to the \n Committee of the Judiciary of the House of Representatives and \n the Committee of the Judiciary of the Senate an annual report \n (which shall be made publicly available) that--\n ``(A) lists the States, for the year involved--\n ``(i) which have (and those States which \n have not) implemented a minimum DNA collection \n process and use such process; and\n ``(ii) which have (and those States which \n have not) implemented an enhanced DNA \n collection process and use such process;\n ``(B) describes the increases granted to States \n under paragraph (1) for the year involved and the \n amounts that States not receiving an increase under \n such paragraph would have received if such States had a \n minimum or enhanced DNA collection process; and\n ``(C) includes statistics, with respect to the year \n involved, regarding the benefits to law enforcement \n resulting from the implementation of minimum and \n enhanced DNA collection processes, including the number \n of matches made due to the inclusion of arrestee \n profiles under such a process.\n ``(5) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection for each of the \n fiscal years 2011 through 2015, in addition to funds made \n available under section 508, such sums as may be necessary, but \n not to exceed the amount that is 10 percent of the total amount \n appropriated pursuant to such section for such fiscal year.''.\n\n Passed the House of Representatives May 18, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Katie Sepich Enhanced DNA Collection Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase payments to states under the Edward Byrne Memorial Justice Assistance Grant program for implementing a minimum or an enhanced DNA collection process. Increases such payments by 5 for states that implement a minimum DNA collection process and by 10 for states that implement an enhanced DNA process. Defines minimum DNA collection process as a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI) is searched at least one time against samples of individuals who are at least 18 years of age and who are arrested for, charged with, or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction. Defines enhanced DNA collection process as a process under which states provide for the collection, for purposes of inclusion in CODIS, of DNA samples from individuals who are at least 18 years of age and who are arrested or charged with crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault. Directs the Attorney General to submit to the Judiciary Committees of Congress an annual report: (1) listing states which have implemented a minimum or enhanced DNA collection process and which use such processes, (2) describing the increases in grant payments to states. And (3) including statistics on benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes. Authorizes appropriations for FY2011-FY2015.","title":"To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.","text_len":8032,"sum_len":1636} {"bill_id":"110_s2932","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Poison Center Support, Enhancement, \nand Awareness Act of 2008''.\nSEC. 2. FINDINGS.\n Congress makes the following findings:\n (1) Poison control centers are the primary defense of the \n United States against injury and deaths from poisoning. Twenty-four \n hours a day, the general public as well as health care \n practitioners contact their local poison control centers for help \n in diagnosing and treating victims of poisoning. In 2007, more than \n 4,000,000 calls were managed by poison control centers providing \n ready and direct access for all people of the United States, \n including many underserved populations in the United States, with \n vital emergency public health information and response.\n (2) Poisoning is the second most common form of unintentional \n death in the United States. In any given year, there will be \n between 3,000,000 and 5,000,000 poison exposures. Sixty percent of \n these exposures will involve children under the age of 6 who are \n exposed to toxins in their home. Poisoning accounts for 285,000 \n hospitalizations, 1,200,000 days of acute hospital care, and more \n than 26,000 fatalities in 2005.\n (3) In 2008, the Harvard Injury Control Research Center \n reported that poisonings from accidents and unknown circumstances \n more than tripled in rate since 1990. In 2005, the last year for \n which data are available, 26,858 people died from accidental or \n unknown poisonings. This represents an increase of 20,000 since \n 1990 and an increase of 2,400 between 2004 and 2005. Fatalities \n from poisoning are increasing in the United States in near epidemic \n proportions. The funding of programs to reverse this trend is \n needed now more than ever.\n (4) In 2004, The Institute of Medicine of the National Academy \n of Sciences recommended that ``Congress should amend the current \n Poison Control Center Enhancement and Awareness Act Amendments of \n 2003 to provide sufficient funding to support the proposed Poison \n Prevention and Control System with its national network of poison \n centers. Support for the core activities at the current level of \n service is estimated to require more than $100 million annually.''.\n (5) Sustaining the funding structure and increasing \n accessibility to poison control centers will promote the \n utilization of poison control centers and reduce the inappropriate \n use of emergency medical services and other more costly health care \n services. The 2004 Institute of Medicine Report to Congress \n determined that for every $1 invested in the Nation's poison \n control centers $7 of health care costs are saved. In 2005, direct \n Federal health care program savings totaled in excess of \n $525,000,000 as the result of poison control center public health \n services.\n (6) More than 30 percent of the cost savings and financial \n benefits of the Nation's network of poison control centers are \n realized annually by Federal health care programs (estimated to be \n more than $1,000,000,000), yet Federal funding support (as \n demonstrated by the annual authorization of $30,100,000 in Public \n Law 108-194) comprises less than 11 percent of the annual network \n expenditures of poison centers.\n (7) Real-time data collected from the Nation's certified poison \n control centers can be an important source of information for the \n detection, monitoring, and response for contamination of the air, \n water, pharmaceutical, or food supply.\n (8) In the event of a terrorist event, poison control centers \n will be relied upon as a critical source for accurate medical \n information and public health emergency response concerning the \n treatment of patients who have had an exposure to a chemical, \n radiological, or biological agent.\nSEC. 3. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE \nNUMBER.\n Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) \nis amended to read as follows:\n``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER.\n ``(a) In General.--The Secretary shall provide coordination and \nassistance to poison control centers for the establishment of a \nnationwide toll-free phone number, and the maintenance of such number, \nto be used to access such centers.\n ``(b) Authorization of Appropriations.--There is authorized to be \nappropriated $2,000,000 for fiscal year 2009 to carry out this section, \nand $700,000 for each of fiscal years 2010 through 2014 for the \nmaintenance of the nationwide toll free phone number under subsection \n(a).''.\nSEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON \nCONTROL CENTER UTILIZATION.\n (a) In General.--Section 1272 of the Public Health Service Act (42 \nU.S.C. 300d-72) is amended to read as follows:\n``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER \nUTILIZATION.\n ``(a) In General.--The Secretary shall carry out, and expand upon, \na national media campaign to educate the public and health care \nproviders about poison prevention and the availability of poison \ncontrol center resources in local communities and to conduct \nadvertising campaigns concerning the nationwide toll-free number \nestablished under section 1271(a).\n ``(b) Contract With Entity.--The Secretary may carry out subsection \n(a) by entering into contracts with one or more public or private \nentities, including nationally recognized organizations in the field of \npoison control and national media firms, for the development and \nimplementation of a nationwide poison prevention and poison control \ncenter awareness campaign, which may include--\n ``(1) the development and distribution of poison prevention and \n poison control center awareness materials;\n ``(2) television, radio, Internet, and newspaper public service \n announcements; and\n ``(3) other activities to provide for public and professional \n awareness and education.\n ``(c) Evaluation.--The Secretary shall--\n ``(1) establish baseline measures and benchmarks to \n quantitatively evaluate the impact of the nationwide media campaign \n carried out under this section; and\n ``(2) on an annual basis, prepare and submit to the appropriate \n committees of Congress, an evaluation of the nationwide media \n campaign.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, such sums as may be necessary \nfor fiscal year 2009, and $800,000 for each of fiscal years 2010 \nthrough 2014.''.\n (b) Effective Date.--The amendment made by this section shall be \neffective on the date of the enactment of this Act and shall apply to \ncontracts entered into on or after January 1, 2009.\nSEC. 5. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM.\n (a) In General.--Section 1273 of the Public Health Service Act (42 \nU.S.C. 300d-73) is amended to read as follows:\n``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.\n ``(a) Authorization of Program.--The Secretary shall award grants \nto poison control centers certified under subsection (c) (or granted a \nwaiver under subsection (d)) and professional organizations in the \nfield of poison control for the purposes of preventing, and providing \ntreatment recommendations for, poisonings and complying with the \noperational requirements needed to sustain the certification of the \ncenter under subsection (c).\n ``(b) Additional Uses of Funds.--In addition to the purposes \ndescribed in subsection (a), a poison center or professional \norganization awarded a grant, contract, or cooperative agreement under \nsuch subsection may also use amounts received under such grant, \ncontract, or cooperative agreement--\n ``(1) to establish and evaluate best practices in the United \n States for poison prevention, poison control center outreach, and \n emergency and preparedness programs;\n ``(2) to research, develop, implement, revise, and communicate \n standard patient management guidelines for commonly encountered \n toxic exposures;\n ``(3) to improve national toxic exposure surveillance by \n enhancing cooperative activities between poison control centers in \n the United States and the Centers for Disease Control and \n Prevention;\n ``(4) to develop, support, and enhance technology and \n capabilities of professional organizations in the field of poison \n control to collect national poisoning, toxic occurrence, and \n related public health data;\n ``(5) to develop initiatives to foster the enhanced public \n health utilization of national poison data collected by \n organizations described in paragraph (4);\n ``(6) to support and expand the toxicologic expertise within \n poison control centers; and\n ``(7) to improve the capacity of poison control centers to \n answer high volumes of calls and respond during times of national \n crisis or other public health emergencies.\n ``(c) Certification.--Except as provided in subsection (d), the \nSecretary may award a grant to a poison control center under subsection \n(a) only if--\n ``(1) the center has been certified by a professional \n organization in the field of poison control, and the Secretary has \n approved the organization as having in effect standards for \n certification that reasonably provide for the protection of the \n public health with respect to poisoning; or\n ``(2) the center has been certified by a State government, and \n the Secretary has approved the State government as having in effect \n standards for certification that reasonably provide for the \n protection of the public health with respect to poisoning.\n ``(d) Waiver of Certification Requirements.--\n ``(1) In general.--The Secretary may grant a waiver of the \n certification requirements of subsection (c) with respect to a \n noncertified poison control center that applies for a grant under \n this section if such center can reasonably demonstrate that the \n center will obtain such a certification within a reasonable period \n of time as determined appropriate by the Secretary.\n ``(2) Renewal.--The Secretary may renew a waiver under \n paragraph (1).\n ``(3) Limitation.--In no case may the sum of the number of \n years for a waiver under paragraph (1) and a renewal under \n paragraph (2) exceed 5 years. The preceding sentence shall take \n effect as of the date of the enactment of the Poison Center \n Support, Enhancement, and Awareness Act of 2008.\n ``(e) Supplement Not Supplant.--Amounts made available to a poison \ncontrol center under this section shall be used to supplement and not \nsupplant other Federal, State or local funds provided for such center.\n ``(f) Maintenance of Effort.--A poison control center, in utilizing \nthe proceeds of a grant under this section, shall maintain the \nexpenditures of the center for activities of the center at a level that \nis not less than the level of expenditures maintained by the center for \nthe fiscal year preceding the fiscal year for which the grant is \nreceived.\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $27,500,000 for fiscal year \n2009, and $28,600,000 for each of fiscal years 2010 through 2014. The \nSecretary may utilize not to exceed 8 percent of the amount \nappropriated under this preceding sentence in each fiscal year for \ncoordination, dissemination, technical assistance, program evaluation, \ndata activities, and other program administration functions that do not \ninclude grants, contracts, or cooperative agreements under subsections \n(a) and (b), which are determined by the Secretary to be appropriate \nfor carrying out the program under this section.''.\n (b) Effective Date.--The amendment made by this section shall be \neffective as of the date of the enactment of this Act and shall apply \nto grants made on or after January 1, 2009.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison control centers. Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities. Authorizes the Secretary to enter into contracts with nationally recognized organizations in the field of poison control and national media firms for the development and implementation of a nationwide poison prevention and poison control center awareness campaign. Expands the poison control center grant program to allow the Secretary to award grants for poison control centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison control center outreach, and emergency and preparedness programs. (2) to implement standard patient management guidelines for commonly encountered toxic exposures. (3) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data. And (4) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants. Authorizes appropriations for FY2009-FY2014.","title":"A bill to amend the Public Health Service Act to reauthorize the poison center national toll-free number, national media campaign, and grant program to provide assistance for poison prevention, sustain the funding of poison centers, and enhance the public health of people of the United States.","text_len":12429,"sum_len":1695} {"bill_id":"107_s2746","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``First Responders Support Act of \n2002''.\n\nSEC. 2. HOMELAND SECURITY LIAISON OFFICERS.\n\n (a) Chief Homeland Security Liaison Officer.--\n (1) Appointment.--The Secretary of Homeland Security shall \n appoint a Chief Homeland Security Liaison Officer to coordinate \n the activities of the Homeland Security Liaison Officers, \n designated under subsection (b).\n (2) Annual report.--The Chief Homeland Security Liaison \n Officer shall prepare an annual report, that contains--\n (A) a description of the State and local priorities \n in each of the 50 States based on discovered needs of \n first responder organizations, including law \n enforcement agencies, fire and rescue agencies, medical \n providers, emergency service providers, and relief \n agencies;\n (B) a needs assessment that identifies homeland \n security functions in which the Federal role is \n duplicative of the State or local role, and \n recommendations to decrease or eliminate inefficiencies \n between the Federal Government and State and local \n entities;\n (C) recommendations to Congress regarding the \n creation, expansion, or elimination of any program to \n assist State and local entities to carry out their \n respective functions under the Department of Homeland \n Security; and\n (D) proposals to increase the coordination of \n Department of Homeland Security priorities within each \n State and between the States.\n (b) Homeland Security Liaison Officers.--\n (1) Designation.--The Secretary of Homeland Security shall \n designate in each State not less than 1 employee of the \n Department of Homeland Security to--\n (A) serve as the Homeland Security Liaison Officer \n in that State; and\n (B) provide coordination between the Department of \n Homeland Security and State and local first responders, \n including--\n (i) law enforcement agencies;\n (ii) fire and rescue agencies;\n (iii) medical providers;\n (iv) emergency service providers; and\n (v) relief agencies.\n (2) Duties.--Each Homeland Security Liaison Officer \n designated under paragraph (1) shall--\n (A) ensure coordination between the Department of \n Homeland Security and--\n (i) State, local, and community-based law \n enforcement;\n (ii) fire and rescue agencies; and\n (iii) medical and emergency relief \n organizations;\n (B) identify State and local areas requiring \n additional information, training, resources, and \n security;\n (C) provide training, information, and education \n regarding homeland security for State and local \n entities;\n (D) identify homeland security functions in which \n the Federal role is duplicative of the State or local \n role, and recommend ways to decrease or eliminate \n inefficiencies;\n (E) assist State and local entities in priority \n setting based on discovered needs of first responder \n organizations, including law enforcement agencies, fire \n and rescue agencies, medical providers, emergency \n service providers, and relief agencies;\n (F) assist the Department of Homeland Security to \n identify and implement State and local homeland \n security objectives in an efficient and productive \n manner; and\n (G) serve as a liaison to the Department of \n Homeland Security in representing State and local \n priorities and concerns regarding homeland security.\n\nSEC. 3. FEDERAL INTERAGENCY COMMITTEE ON FIRST RESPONDERS.\n\n (a) In General.--There is established an Interagency Committee on \nFirst Responders, that shall--\n (1) ensure coordination among the Federal agencies involved \n with--\n (A) State, local, and community-based law \n enforcement;\n (B) fire and rescue operations; and\n (C) medical and emergency relief services;\n (2) identify community-based law enforcement, fire and \n rescue, and medical and emergency relief services needs;\n (3) recommend new or expanded grant programs to improve \n community-based law enforcement, fire and rescue, and medical \n and emergency relief services;\n (4) identify ways to streamline the process through which \n Federal agencies support community-based law enforcement, fire \n and rescue, and medical and emergency relief services; and\n (5) assist in priority setting based on discovered needs.\n (b) Membership.--The Interagency Committee on First Responders \nshall be composed of--\n (1) the Chief Homeland Security Liaison Officer of the \n Department of Homeland Security;\n (2) a representative of the Health Resources and Services \n Administration of the Department of Health and Human Services;\n (3) a representative of the Centers for Disease Control and \n Prevention of the Department of Health and Human Services;\n (4) a representative of the Federal Emergency Management \n Agency of the Department of Homeland Security;\n (5) a representative of the United States Coast Guard of \n the Department of Homeland Security;\n (6) a representative of the Department of Defense;\n (7) a representative of the Office of Domestic Preparedness \n of the Department of Homeland Security;\n (8) a representative of the Immigration and Naturalization \n Service of the Department of Homeland Security;\n (9) a representative of the Transportation Security Agency \n of the Department of Homeland Security;\n (10) a representative of the Federal Bureau of \n Investigation of the Department of Justice; and\n (11) representatives of any other Federal agency identified \n by the President as having a significant role in the purposes \n of the Interagency Committee on First Responders.\n (c) Administration.--The Department of Homeland Security shall \nprovide administrative support to the Interagency Committee on First \nResponders and the Advisory Council, which shall include--\n (1) scheduling meetings;\n (2) preparing agenda;\n (3) maintaining minutes and records;\n (4) producing reports; and\n (5) reimbursing Advisory Council members.\n (d) Leadership.--The members of the Interagency Committee on First \nResponders shall select annually a chairperson.\n (e) Meetings.--The Interagency Committee on First Responders shall \nmeet--\n (1) at the call of the Chief Homeland Security Liaison \n Officer of the Department of Homeland Security; or\n (2) not less frequently than once every 3 months.\n\nSEC. 4. ADVISORY COUNCIL FOR THE FEDERAL INTERAGENCY COMMITTEE ON FIRST \n RESPONDERS.\n\n (a) Establishment.--There is established an Advisory Council for \nthe Federal Interagency Committee on First Responders (in this Act \nreferred to as the ``Advisory Council'').\n (b) Membership.--\n (1) In general.--The Advisory Council shall be composed of \n not more than 13 members, selected by the Interagency Committee \n on First Responders.\n (2) Representation.--The Interagency Committee on First \n Responders shall ensure that the membership of the Advisory \n Council represents--\n (A) the law enforcement community;\n (B) fire and rescue organizations;\n (C) medical and emergency relief services; and\n (D) both urban and rural communities.\n (c) Chairperson.--The Advisory Council shall select annually a \nchairperson from among its members.\n (d) Compensation of Members.--The members of the Advisory Council \nshall serve without compensation, but shall be eligible for \nreimbursement of necessary expenses connected with their service to the \nAdvisory Council.\n (e) Meetings.--The Advisory Council shall meet with the Interagency \nCommittee on First Responders not less frequently than once every 3 \nmonths.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such funds as may be \nnecessary to carry out the provisions of this Act.","summary":"First Responders Support Act of 2002 - Directs the Secretary of Homeland Security to designate in each State at least one employee of the Department of Homeland Security to serve as that State's Homeland Security Liaison Officer and to provide coordination between the Department and State and local first responders. Requires such an Officer to: (1) provide training, information, and education on homeland security for State and local entities. (2) identify homeland security functions in which the Federal role is duplicative of the State or local role and recommend ways to decrease or eliminate inefficiencies. And (3) assist the Department in identifying and implementing State and local homeland security objectives. Requires the Secretary to appoint a Chief Homeland Security Liaison Officer who shall: (1) coordinate the activities of such State Officers. And (2) prepare annual reports on State and local priorities, a needs assessment that identifies duplicative homeland security functions, recommendations regarding program creation, expansion, or elimination to assist State and local entities in carrying out functions under the Department, and proposals to increase the coordination of Department priorities within and between States. Establishes: (1) an Interagency Committee on First Responders that shall ensure coordination among the Federal agencies involved with State, local and community-based law enforcement, fire and rescue operations, and medical and emergency relief services., and (2) an Advisory Council for such Committee.","title":"A bill to establish a Federal Liaison on Homeland Security in each State, to provide coordination between the Department of Homeland Security and State and local first responders, and for other purposes.","text_len":9268,"sum_len":1554} {"bill_id":"107_s160","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug Abuse Treatment on Demand \nAssistance Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) According to the Department of Health and Human \n Services, each year drug and alcohol related abuse kills more \n than 120,000 Americans.\n (2) In 1999, an estimated 14,800,000 Americans were current \n illicit drug users.\n (3) States across the country are faced with increasing \n demands for drug treatment programs.\n (4) In addition, methamphetamine abuse continues to be on \n the rise. Methamphetamine abuse accounts for 5.1 percent of all \n treatment admissions, which was the fourth highest percentage \n after cocaine, heroin, and marijuana.\n (5) Current statistics show that methamphetamine use is \n increasing rapidly especially among the nation's youth.\n (6) There are 2,700,000 substance abusers in America in \n need of treatment.\n (7) This number exceeds the 2,137,100 persons receiving \n treatment.\n (8) Recent reports indicate that every additional dollar \n invested in substance abuse treatment saves taxpayers $7.46 in \n societal costs.\n (9) In California, the average cost to taxpayers per \n inmate, per year, is $23,406 versus $4,300 for a full treatment \n program.\n (10) Drugs and alcohol cost taxpayers nearly \n $276,000,000,000 annually in preventable health care costs, \n extra law enforcement, auto crashes, crime and lost \n productivity versus $3,100,000,000 appropriated for substance \n abuse-related activities in fiscal year 2000.\n (11) Nationwide, 59 percent of police chiefs believe that \n drug offenders should be treated rather than incarcerated.\n (12) Current treatment on demand programs such as those in \n San Francisco and Baltimore focus on the specific drug abuse \n needs of the local community and should be encouraged.\n (13) Many States have developed programs designed to treat \n non-violent drug offenders and this should be encouraged.\n (14) Drug treatment prevention programs must be increased \n in order to effectively address the needs of those actively \n seeking treatment before they commit a crime.\n\nSEC. 3. PURPOSE.\n\n It is the purpose of this Act to--\n (1) assist individuals who voluntarily seek the services of \n drug abuse treatment programs by providing them with treatment \n on demand;\n (2) provide assistance to help eliminate the backlog of \n individuals on waiting lists to obtain drug treatment for their \n addictions;\n (3) enhance public safety by reducing drug-related crimes \n and preserving jails and prison cells for serious and violent \n criminal offenders; and\n (4) assist States in the implementation of alternative drug \n treatment programs that divert non-violent drug offenders to \n treatment programs that are more suited for the rehabilitation \n of drug offenders.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Drug treatment program.--\n (A) In general.--The terms ``drug treatment \n program'' and ``alternative treatment program'' mean a \n licensed or certified community drug treatment program \n that may include--\n (i) outpatient treatment;\n (ii) half-way house treatment;\n (iii) narcotic replacement therapy; or\n (iv) drug education or prevention courses \n or limited inpatient or residential drug \n treatment as needed to address special \n detoxification or relapse situation or severe \n dependence.\n (B) Limitation.--Such terms shall not include drug \n treatment programs offered in a prison or jail \n facility.\n (2) Non-violent.--The term ``non-violent'' with respect to \n a criminal offense means an offense that is not a crime of \n violence as defined under the applicable State law.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (4) State.--The term ``State'' means each of the 50 States, \n the District of Columbia and the Commonwealth of Puerto Rico.\n\nSEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT.\n\n Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as \namended by section 3102 of the Youth Drug and Mental Health Services \nAct (Public Law 106-310), is amended--\n (1) in subsection (d)--\n (A) in paragraph (17), by striking ``and'' at the \n end;\n (B) in paragraph (18), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(19) make grants for the purpose of increasing the \n maximum number of individuals to whom public and nonprofit \n private entities are capable of providing effective treatment \n for substance abuse, with the goal of ensuring that substance \n abuse treatment is available for all substance abusers who seek \n it.''; and\n (2) in subsection (o)--\n (A) by striking ``For the'' and inserting the \n following:\n ``(1) In general.--For the'';\n (B) by inserting ``except for grants under \n subsection (d)(19),''; and\n (C) by adding at the end the following:\n ``(2) Treatment Capacity.--For the purpose of making grants \n under subsection (d)(19), there are authorized to be \n appropriated--\n ``(A) $600,000,000 for fiscal year 2002;\n ``(B) $1,200,000,000 for fiscal year 2003;\n ``(C) $1,800,000,000 for fiscal year 2004;\n ``(D) $2,400,000,000 for fiscal year 2005; and\n ``(E) $3,000,000,000 for fiscal year 2006.''.\n\nSEC. 6. ALTERNATIVE TREATMENT PROGRAMS.\n\n (a) Grants.--The Attorney General, in consultation with the \nSecretary, shall award grants to eligible States to enable such States, \neither directly or through the provision of assistance to counties or \nlocal municipalities, to provide drug treatment services to individuals \nwho have been convicted of non-violent drug possession offenses and \ndiverted from incarceration because of the enrollment of such \nindividuals into community-based drug treatment programs.\n (b) Eligibility.--To be eligible to receive a grant under this \nsection a State shall--\n (1) be implementing an alternative drug treatment program \n under which any individual in the State who has been convicted \n of a non-violent drug possession offense may be enrolled in an \n appropriate drug treatment program as an alternative to \n incarceration; and\n (2) prepare and submit to the Secretary an application at \n such time, in such manner, and containing such information as \n the Secretary may require.\n (c) Use of Funds.--Amounts provided to a State under a grant under \nthis section may be used by the State (or by State or local entities \nthat receive funding from the State under this section) to pay expenses \nassociated with--\n (1) the construction of treatment facilities;\n (2) payments to related drug treatment services providers \n that are necessary for the effectiveness of the program, \n including aftercare supervision, vocational training, \n education, and job placement;\n (3) drug testing;\n (4) probation services; and\n (5) counseling, including mental health services.\n (d) Matching Requirement.--Funds may not be provided to a State \nunder this section unless the State agrees that, with respect to the \ncosts to be incurred by the State in carrying out the drug treatment \nprogram involved, the State will make available (directly or through \ndonations from public or private entities) non-Federal contributions \ntoward such costs in an amount that is at least equal to the amount of \nFederal funds provided to the State under this section.\n (e) Authorization of Appropriations.--There is authorized to carry \nout this section, $125,000,000 for each of fiscal years 2002 through \n2006.","summary":"Drug Abuse Treatment on Demand Assistance Act - Authorizes appropriations for grants for the purpose of increasing the maximum number of individuals to whom public and nonprofit private entities are capable of providing effective treatment for substance abuse, with the goal of ensuring that substance abuse treatment is available for all substance abusers who seek it.","title":"A bill to provide assistance to States to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse.","text_len":8786,"sum_len":369} {"bill_id":"108_s658","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Savings Performance Contracts \nAmendments Act of 2003''.\n\nSEC. 2. PERMANENT EXTENSION.\n\n Section 801(c) of the National Energy Conservation Policy Act (42 \nU.S.C. 8287(c)) is repealed.\n\nSEC. 3. COST SAVINGS FROM REPLACEMENT FACILITIES.\n\n Section 801(a) of the National Energy Conservation Policy Act (42 \nU.S.C. 8287(a)) is amended by adding at the end the following new \nparagraph:\n ``(3)(A) In the case of an energy savings contract or energy \nsavings performance contract providing for energy savings through the \nconstruction and operation of one or more buildings or facilities to \nreplace one or more existing buildings or facilities, benefits \nancillary to the purpose of such contract under paragraph (1) may \ninclude savings resulting from reduced costs of operation and \nmaintenance at such replacement buildings or facilities when compared \nwith costs of operation and maintenance at the buildings or facilities \nbeing replaced.\n ``(B) Notwithstanding paragraph (2)(B), aggregate annual payments \nby an agency under an energy savings contract or energy savings \nperformance contract referred to in subparagraph (A) may take into \naccount (through the procedures developed pursuant to this section) \nsavings resulting from reduced costs of operation and maintenance as \ndescribed in subparagraph (A).''.\n\nSEC. 4. ENERGY SAVINGS.\n\n Section 804(2) of the National Energy Conservation Policy Act (42 \nU.S.C. 8287c(2)) is amended to read as follows:\n ``(2) The term `energy savings' means--\n ``(A) a reduction in the cost of energy or water, \n from a base cost established through a methodology set \n forth in the contract, used in an existing federally \n owned building or buildings or other federally owned \n facilities as a result of--\n ``(i) the lease or purchase of operating \n equipment, improvements, altered operation and \n maintenance, or technical services;\n ``(ii) the increased efficient use of \n existing energy sources by cogeneration or heat \n recovery, excluding any cogeneration process \n for other than a federally owned building or \n buildings or other federally owned facilities; \n or\n ``(iii) the increased efficient use of \n existing water sources; or\n ``(B) in the case of a replacement building or \n facility described in section 801(a)(3), a reduction in \n the cost of energy, from a base cost established \n through a methodology set forth in the contract, that \n would otherwise be utilized in one or more existing \n federally owned buildings or other federally owned \n buildings by reason of the construction and operation \n of the replacement building or facility.''.\n\nSEC. 5. ENERGY SAVINGS CONTRACT.\n\n Section 804(3) of the National Energy Conservation Policy Act (42 \nU.S.C. 8287c(3)) is amended to read as follows:\n ``(3) The terms `energy savings contract' and `energy \n savings performance contract' mean a contract which provides \n for--\n ``(A) the performance of services for the design, \n acquisition, installation, testing, operation, and, \n where appropriate, maintenance and repair, of an \n identified energy or water conservation measure or \n series of measures at one or more locations; or\n ``(B) energy savings through the construction and \n operation of one or more buildings or facilities to \n replace one or more existing buildings or \n facilities.''.\n\nSEC. 6. ENERGY OR WATER CONSERVATION MEASURE.\n\n Section 804(4) of the National Energy Conservation Policy Act (42 \nU.S.C. 8287c(4)) is amended to read as follows:\n ``(4) The term `energy or water conservation measure' \n means--\n ``(A) an energy conservation measure, as defined in \n section 551(4) (42 U.S.C. 8259(4)); or\n ``(B) a water conservation measure that improves \n water efficiency, is life cycle cost effective, and \n involves water conservation, water recycling or reuse, \n improvements in operation or maintenance efficiencies, \n retrofit activities or other related activities, not at \n a Federal hydroelectric facility.''.\n\nSEC. 7. REVIEW.\n\n Within 180 days after the date of the enactment of this Act, the \nSecretary of Energy shall complete a review of the Energy Savings \nPerformance Contract program to identify statutory, regulatory, and \nadministration obstacles that prevent Federal agencies from fully \nutilizing the program. In addition, this review shall identify all \nareas for increasing program flexibility and effectiveness, including \naudit and measurement verification requirements, accounting for energy \nuse in determining savings, contracting requirements, and energy \nefficiency services covered. The Secretary shall report these findings \nto the Committee on Energy and Commerce of the House of Representatives \nand the Committee on Energy and Natural Resources of the Senate, and \nshall implement identified administrative and regulatory changes to \nincrease program flexibility and effectiveness to the extent that such \nchanges are consistent with statutory authority.\n\nSEC. 8. PILOT PROGRAM TO EXPAND ENERGY SAVINGS PERFORMANCE CONTRACTS TO \n NON-BUILDING PROJECTS.\n\n Title VIII of the National Energy Conservation Policy Act (42 \nU.S.C. 8287-8287c) is amended by adding at the end the following:\n\n``SEC. 805. PILOT PROGRAM FOR ENERGY SAVINGS PERFORMANCE CONTRACT \n INVESTMENTS IN NON-BUILDING ENERGY SAVINGS PROJECTS.\n\n ``(a) Authorization.--The Secretary of Defense and the heads of \nother interested Federal agencies are authorized, on a pilot basis, to \nenter into up to ten energy savings performance contracts under this \nTitle for the purpose of achieving savings, secondary savings, and \nbenefits incidental to those purposes, in non-building energy \nefficiency improvement projects.\n ``(b) Selection of Projects.--The Secretary of Energy, in \nconsultation with the Secretary of Defense and the heads of other \ninterested Federal agencies, shall select up to ten contract projects \nfor this pilot program. The projects shall be selected to demonstrate \nthe applicability and benefit of energy savings performance contracting \nto a range of non-building energy efficiency improvement projects.\n ``(c) Definitions.--For the purposes of this section:\n ``(1) The term `non-building' means any vehicle, device, or \n equipment that is transportable under its own power by land, \n sea, or air and consumes energy from any fuel source for the \n purpose of such transportability, or to maintain a controlled \n environment within such vehicle, device or equipment; or any \n Federally owned equipment used to generate electricity or \n transport water.\n ``(2) The term `secondary savings', means additional energy \n or cost savings that are a direct consequence of the energy \n savings that result from the energy efficiency improvements \n that were financed and implemented pursuant to the energy \n savings performance contract. Such `secondary savings' may \n include, but are not limited to, energy and cost savings that \n result from a reduction in the need for fuel delivery and \n logistical support. In the case of electric generation \n equipment, secondary savings may include the benefits of \n increased efficiency in the production of electricity.\n ``(d) Report.--No later than three years after the enactment of \nthis section, the Secretary of Energy shall report to the Congress on \nthe progress and results of this program. Such report shall include: a \ndescription of all projects undertaken; the energy and cost savings, \nsecondary savings, other benefits and problems resulting from such \nprojects; and the overall cost-benefit of such projects. The report \nshall also include recommendations, developed in consultation with \nthose agencies that undertook projects under the program, as to whether \nthe authorization to enter into energy savings performance contract for \nnon-building projects should be extended, expanded, or otherwise \nmodified.''.\n\nSEC. 9. UTILITY INCENTIVE PROGRAMS.\n\n Section 546(c)(3) of the National Energy Conservation Policy Act \n(42 U.S.C. 8256(c)(3)) is amended by striking ``facilities'' and \ninserting ``facilities, equipment and vehicles''.","summary":"Energy Savings Performance Contracts Amendments Act of 2003 - Amends the National Energy Conservation Policy Act (NECPA) to: (1) repeal the termination dates governing the authority to enter into energy savings performance contracts. (2) allow as an approved benefit ancillary to an energy savings contract or energy savings performance contract providing for energy savings through construction of replacement facilities those savings resulting from reduced operation and maintenance costs at such facilities. And (3) authorize the Secretary of Defense and the heads of other interested Federal agencies to enter into a pilot program for energy savings performance contract investments in non-building energy efficiency improvement projects.","title":"A bill to extend the authority for Energy Savings Performance Contracts and for other purposes.","text_len":9080,"sum_len":742} {"bill_id":"113_hr4758","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Skills Connection Act''.\n\nSEC. 2. CREATION OF SEARCHABLE DATABASE.\n\n (a) In General.--Not later than 120 days after the date of \nenactment of this Act, the Secretary of Labor shall create a publicly \navailable, easily navigable, and searchable database containing the \nfollowing:\n (1) A registry of credentials (which may be certificates), \n for purposes of enabling programs that lead to such a \n credential to receive priority under a covered provision.\n (2) A skills database, for purposes of enabling programs \n that lead to such a credential to receive priority under a \n covered provision.\n (3) A jobs bank.\n (b) Credentials Registry.--In creating a registry of credentials, \nthe Secretary shall--\n (1) list the credential in the registry if the credential \n is required by Federal or State law for an occupation (such as \n a credential required by a State law regarding qualifications \n for a health care occupation);\n (2) list the credential, and list an updated credential, in \n the registry if the credential involved is an industry-\n recognized, nationally portable credential that is consistent \n with the Secretary's established industry competency models and \n is consistently updated through third party validation to \n reflect changing industry competencies; and\n (3) for each credential listed in the registry, provide an \n assessment of which skills listed in the skills database \n created under subsection (c) align with or are related to the \n requirements of the credential.\n (c) Skills Database.--In creating a skills database, the Secretary \nshall--\n (1) list identifiable skills that are required for \n employment in the manufacturing sector, as determined by the \n Secretary--\n (A) by using Manufacturing Institute-Endorsed \n Manufacturing Skills Certification System or similar \n resource; or\n (B) by consulting with an organization similar to \n the Manufacturing Institute;\n (2) after consultation with the Manufacturing Institute or \n similar organization and representatives of the Armed Forces \n list identifiable skills developed through service in the Armed \n Forces; and\n (3) for each skill listed under paragraphs (1) and (2), \n include information about how that skill aligns with or is \n related to the requirements for the credentials listed under \n the credentials registry created under subsection (b).\n (d) Jobs Bank.--In creating a jobs bank, the Secretary shall--\n (1) enable job seekers to--\n (A) enter basic information through the statewide \n employment statistics system established under section \n 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) for their \n State of residence about their skills, experience, \n credentials, and preferred area of employment; and\n (B) browse job listings submitted by employers to \n such jobs bank that match the credentials, experience, \n or other qualifications entered under subparagraph (A);\n (2) automatically match available jobs with job seekers who \n have matching qualifications; and\n (3) enable information relating to shortages in certain \n skills or credentials available to be utilized by State \n workforce investment board established under section 111 of the \n Workforce Investment Board of 1998 (29 U.S.C. 49j) and others \n to inform decisions about how to allocate workforce development \n resources.\n (e) Rule of Construction.--Nothing in this Act shall be construed--\n (1) to require an entity with responsibility for selecting \n or approving an education, training, or workforce investment \n activities program with regard to a covered provision, to \n select a program with a credential listed in the registry \n described in subsection (b); or\n (2) to be an endorsement of a skill listed under the skills \n database described in subsection (c) by the Secretary of Labor \n or the Federal Government.\n (f) Availability of Funds.--For each fiscal year, funds shall be \navailable from the amount appropriated for each such fiscal year for \nthe Workforce Innovation Fund established under section 1801(a)(3) of \ntitle VIII of division B of Public Law 112-10 for the costs of carrying \nout the provisions of this Act.\n (g) Definitions.--In this section:\n (1) Armed forces.--The term ``Armed Forces'' means the \n Army, Navy, Air Force, and Marine Corps.\n (2) Covered provision.--The term ``covered provision'' \n means any of sections 129 and 134 of the Workforce Investment \n Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the \n Carl D. Perkins Career and Technical Education Act of 2006 (20 \n U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974 \n (19 U.S.C. 2296).\n (3) Industry recognized credential.--The term ``industry-\n recognized'', used with respect to a credential, means a \n credential that--\n (A) is sought or accepted by companies within the \n industry sector involved as recognized, preferred, or \n required for recruitment, screening, or hiring; and\n (B) is endorsed by a nationally recognized trade \n association or organization representing a significant \n part of the industry sector.\n (4) Nationally portable.--The term ``nationally portable'', \n used with respect to a credential, means a credential that is \n sought or accepted by companies within the industry sector \n involved, across multiple States, as recognized, preferred, or \n required for recruitment, screening, or hiring.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (6) Workforce investment activities.--The term ``workforce \n investment activities'' has the meaning given the term in \n section 101 of the Workforce Investment Act of 1998 (29 U.S.C. \n 2801).","summary":"Skills Connection Act - Directs the Secretary of Labor to create a searchable and publicly available database containing a registry of industry-recognized credentials, a skills database, and a jobs bank to enable programs that lead to such credentials to receive priority under: youth workforce investment programs, statewide employment and training programs, career and technical programs, and training programs for Trade Adjustment Assistance (TAA) workers. Makes funds available from amounts appropriated for each fiscal year for the Workforce Innovation Fund for the costs of carrying out this Act.","title":"Skills Connection Act","text_len":6549,"sum_len":602} {"bill_id":"111_s4003","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Duty Suspension Facilitation Act of \n2010''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to provide a procedure for the \ndevelopment and submission of legislation by the International Trade \nCommission regarding amendments to the Harmonized Tariff Schedule of \nthe United States in connection with the temporary suspension or \nreduction of duty.\n\nSEC. 3. PROCEDURES FOR RECOMMENDATIONS AND PROPOSED LEGISLATION \n RELATING TO TEMPORARY DUTY SUSPENSIONS.\n\n (a) In General.--Not later than January 1, 2012, and every 2 years \nthereafter, the International Trade Commission shall submit to the \nCommittee on Finance of the Senate and the Committee on Ways and Means \nof the House of Representatives proposed legislation which includes \nrecommendations regarding the following:\n (1) Amendments to the Harmonized Tariff Schedule of the \n United States extending existing temporary duty suspensions or \n existing duty reductions.\n (2) Amendments to the Harmonized Tariff Schedule of the \n United States providing for new temporary duty suspensions or \n new duty reductions.\n (3) Modifications to the Harmonized Tariff Schedule of the \n United States to make technical corrections with respect to--\n (A) errors in spelling, numbering, or punctuation;\n (B) errors in indentation;\n (C) errors in cross references to headings, \n subheadings, or notes;\n (D) errors in article descriptions; and\n (E) other clerical or typographical errors.\n (b) Agency and Public Views Regarding Recommendations.--In \nformulating recommendations and proposed legislation under subsection \n(a), the International Trade Commission shall solicit, and give \nconsideration to, the views of interested Federal agencies and the \npublic. The Commission shall--\n (1) give notice of the proposed recommendations, afford \n reasonable opportunity for interested parties to present their \n views in writing; and\n (2) provide for a public hearing.\n (c) Requirements for Duty Suspension and Reduction.--The Commission \nmay not recommend in the proposed legislation under subsection (a) any \nsuspension or reduction in duty, if--\n (1) an interested Federal agency determines such suspension \n or reduction is not in the interest of United States and that \n determination is included in the record of the public hearing \n required under subsection (b);\n (2) such suspension or reduction is objected to by a \n domestic producer who demonstrates that there is domestic \n production of the article for which suspension or reduction of \n duty is recommended in commercially available quantities;\n (3) the loss in revenue to the United States from such \n suspension or reduction of duty exceeds $500,000 annually (as \n adjusted under subsection (f)); or\n (4) the suspension or reduction in duty is to be effective \n for a period that exceeds 3 years.\n (d) Submission of Proposed Legislation and Recommendations.--\n (1) Legislation.--Any proposed legislation submitted under \n subsection (a), shall include the following information, if \n appropriate--\n (A) the heading or subheading number of the \n Harmonized Tariff Schedule of the United States to be \n added or amended;\n (B) the Chemical Abstract Service or CAS number;\n (C) the article description and duty rates for each \n of the headings or subheadings described in \n subparagraph (A); and\n (D) any other information that is necessary to \n carry out the proposed legislation, including the \n requirements described in subsection (c).\n (2) Recommendations.--Along with the proposed legislation \n submitted under subsection (a), the International Trade \n Commission shall submit--\n (A) a summary of the information on which the \n recommendation is based; and\n (B) a summary of the views submitted by interested \n Federal agencies, the public, and other interested \n parties.\n (e) Publication in the Federal Register.--Not later than 60 days \nbefore the Commission submits the proposed legislation under subsection \n(a), the Commission shall publish the proposed legislation in the \nFederal Register.\n (f) Indexing for Inflation.--\n (1) In general.--Beginning in calendar year 2013, the \n dollar amount described in subsection (c)(3) shall be increased \n by an amount equal to--\n (A) $500,000, multiplied by\n (B) the percentage (if any) by which the CPI for \n the preceding calendar year exceeds the CPI for \n calendar year 2011.\n (2) Rounding.--Any increase under paragraph (1)(B) shall be \n rounded to the nearest dollar.\n (3) Definitions.--In this subsection:\n (A) CPI for the preceding calendar year.--The term \n ``CPI for the preceding calendar year'' means the \n average of the Consumer Price Index as of the close of \n the 12-month period ending on August 31 of such \n calendar year.\n (B) Consumer price index.--The term ``Consumer \n Price Index'' means the last Consumer Price Index for \n all-urban consumers published by the Department of \n Labor.","summary":"Duty Suspension Facilitation Act of 2010 - Directs the International Trade Commission (ITC) to propose to Congress temporary duty suspensions or duty reductions under the Harmonized Tariff Schedule of the United States (HTS). Prohibits the ITC from recommending any suspension or reduction in duty if: (1) an interested federal agency determines it is not in the US interest and that determination is included in the agency public hearing record. (2) a domestic producer objects to the suspension or reduction, demonstrating that there is domestic production of the article concerned in commercially available quantities. (3) the loss in revenue to the United States from the duty suspension or reduction exceeds $500,000 annually. Or (4) the duty suspension or reduction is for more than three years.","title":"A bill to authorize the International Trade Commission to develop and recommend legislation for temporarily suspending duties and for other purposes.","text_len":5839,"sum_len":801} {"bill_id":"108_s1983","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``So No Innocent Person Ever Repeats \nthe Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''.\n\nSEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS.\n\n (a) Inspections.--Section 923(g)(1) of title 18, United States \nCode, is amended--\n (1) in subparagraph (B)(ii)(I), by striking ``once'' and \n inserting ``4 times'';\n (2) in subparagraph (C)(i), by striking ``once'' and \n inserting ``4 times'';\n (3) by redesignating subparagraph (D) as subparagraph (E); \n and\n (4) by inserting after subparagraph (C), the following:\n ``(D) If a licensed importer, licensed \n manufacturer, licensed dealer, or licensed collector is \n found in violation of this chapter, or the related \n regulations, the Attorney General shall inspect or \n examine the inventory and records of such violator not \n less than once each year during the 3 years following \n such violation.''.\n (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first \nsentence by striking ``firearms at his'' and inserting ``firearms and \nammunition, except on .22 caliber rimfire ammunition, at such \nlicensee's''.\n (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United \nStates Code, is amended--\n (1) in subparagraph (C), by striking ``or'' at the end;\n (2) by redesignating subparagraph (D) as subparagraph (E); \n and\n (3) by inserting after subparagraph (C) the following:\n ``(D) willfully violates section 923(g); or''.\n\nSEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS.\n\n (a) Suspensions.--Section 924 of title 18, United States Code, as \namended by section 2(c), is further amended by adding at the end the \nfollowing:\n ``(q) A licensed importer, manufacturer, dealer, or collector who \nviolates any provision of this chapter, or the related regulations, may \nbe subject to--\n ``(1) the revocation of any applicable license;\n ``(2) the suspension of any applicable license; or\n ``(3) a fine under this title.''.\n (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, \nUnited States Code, is amended by adding at the end the following:\n ``(8) If an inspection under paragraph (1) reveals that a licensee \nhas violated any provision of this chapter, or the related regulations, \nthe Attorney General shall--\n ``(A) issue a warning letter to the alleged violator, and \n maintain a copy of such letter, along with any written report \n prepared by the inspector--\n ``(i) in the files of the appropriate Director of \n Industry Operations; and\n ``(ii) at the headquarters of the Bureau of \n Alcohol, Tobacco, Firearms, and Explosives;\n ``(B) issue a notice of revocation of the license and \n conduct the appropriate proceedings; or\n ``(C) issue a notice of revocation, suspension, or \n imposition of a civil fine, and conduct the appropriate \n proceedings.''.\n (c) Timeliness of Enforcement Actions.--The Attorney General shall, \nby regulation, require the Director of Industry Operations of the \nBureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final \ndecision within 120 days from the date on which a notice of revocation, \nsuspension, or imposition of a civil fine is mailed to a licensee (as \nthat term is defined in section 103(j)(1) of the Brady Handgun Violence \nPrevention Act (18 U.S.C. 922 note).\n (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of \ntitle 18, United States Code, is amended by striking the period at the \nend of the first sentence and inserting ``, and shall not postpone the \neffective date of such decision unless so ordered by a United States \ndistrict court judge or magistrate who has jurisdiction over the \nmatter.''.\n (e) Enforcement Action not Dependent Upon Criminal Conviction.--\nSection 923(f) of title 18, United States Code, is amended by striking \nparagraph (4).\n\nSEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS.\n\n Section 922(b)(3) of title 18, United States Code, is amended by \nstriking ``(A) shall not apply'' and all that follows through ``and \n(B)''.\n\nSEC. 5. BALLISTICS TESTING OF FIREARMS.\n\n (a) Short Title.--This section may be cited as the ``Technological \nResource to Assist Criminal Enforcement Act'' or the ``TRACE Act''.\n (b) Purposes.--The purposes of this section are--\n (1) to increase public safety by assisting law enforcement \n in solving more gun-related crimes and offering prosecutors \n evidence to link felons to gun crimes through ballistics \n technology;\n (2) to provide for ballistics testing of all new firearms \n for sale to assist in the identification of firearms used in \n crimes;\n (3) to require ballistics testing of all firearms in \n custody of Federal agencies to assist in the identification of \n firearms used in crimes; and\n (4) to add ballistics testing to existing firearms \n enforcement programs.\n (c) Definition of Ballistics.--Section 921(a) of title 18, United \nStates Code, is amended by adding at the end the following:\n ``(36) Ballistics.--The term `ballistics' means a comparative \nanalysis of fired bullets and cartridge casings to identify the firearm \nfrom which bullets and cartridge casings were discharged, through \nidentification of the unique markings that each firearm imprints on \nbullets and cartridge casings.''.\n (d) Test Firing and Automated Storage of Ballistics Records.--\n (1) Amendment.--Section 923 of title 18, United States \n Code, is amended by adding at the end the following:\n ``(m)(1) In addition to the other licensing requirements under this \nsection, a licensed manufacturer or licensed importer shall--\n ``(A) test fire firearms manufactured or imported by such \n licensees as specified by the Attorney General by regulation;\n ``(B) prepare ballistics images of the fired bullet and \n cartridge casings from the test fire;\n ``(C) make the records available to the Attorney General \n for entry into the electronic database established under \n paragraph (3)(B); and\n ``(D) store the fired bullet and cartridge casings in such \n a manner and for such a period as specified by the Attorney \n General by regulation.\n ``(2) Nothing in this subsection creates a cause of action against \nany Federal firearms licensee or any other person for any civil \nliability except for imposition of a civil penalty under this section.\n ``(3)(A) The Attorney General shall assist firearm manufacturers \nand importers in complying with paragraph (1) by--\n ``(i) acquiring, installing, and upgrading ballistics \n equipment and bullet and cartridge casing recovery equipment to \n be placed at locations readily accessible to licensed \n manufacturers and importers;\n ``(ii) hiring or designating sufficient personnel to \n develop and maintain a database of ballistics images of fired \n bullets and cartridge casings, research, and evaluation;\n ``(iii) providing education about the role of ballistics as \n part of a comprehensive firearm crime reduction strategy;\n ``(iv) providing for the coordination among Federal, State, \n and local law enforcement and regulatory agencies and the \n firearm industry to curb firearm-related crime and illegal \n firearm trafficking; and\n ``(v) taking other necessary steps to make ballistics \n testing effective.\n ``(B) The Attorney General shall--\n ``(i) establish an electronic database--\n ``(I) through which State and local law enforcement \n agencies can promptly access the ballistics records \n stored under this subsection, as soon as such \n capability is available; and\n ``(II) that shall not include any identifying \n information regarding dealers, collectors, or \n purchasers of firearms; and\n ``(ii) require training for all ballistics examiners.\n ``(4) The Attorney General shall conduct mandatory ballistics \ntesting of all firearms obtained or in the possession of their \nrespective agencies.\n ``(5) Not later than 3 years after the date of enactment of this \nsubsection, and annually thereafter, the Attorney General shall submit \nto the Committees on the Judiciary of the Senate and the House of \nRepresentatives a report regarding the implementation of this section, \nincluding--\n ``(A) the number of Federal and State criminal \n investigations, arrests, indictments, and prosecutions of all \n cases in which access to ballistics records, provided under the \n system established under this section and under similar systems \n operated by any State, served as a valuable investigative tool \n in the prosecution of gun crimes;\n ``(B) the extent to which ballistics records are accessible \n across jurisdictions; and\n ``(C) a statistical evaluation of the test programs \n conducted pursuant to paragraph (4).\n ``(6) There are authorized to be appropriated to the Department of \nJustice $20,000,000 for each of the fiscal years 2005 through 2008 to \ncarry out this subsection, to be used to--\n ``(A) install ballistics equipment and bullet and cartridge \n casing recovery equipment;\n ``(B) establish sites for ballistics testing;\n ``(C) pay salaries and expenses of necessary personnel; and\n ``(D) conduct related research and evaluation.''.\n (2) Effective date.--\n (A) In general.--Except as provided in \n subparagraphs (A) and (B), the amendment made by \n paragraph (1) shall take effect on the date on which \n the Attorney General, in consultation with the Board of \n the National Integrated Ballistics Information Network, \n certifies that the ballistics system used by the \n Department of Justice is sufficiently developed to \n support mandatory ballistics testing of new firearms.\n (B) Ballistics testing.--Section 923(m)(1) of title \n 18, United States Code, as added by paragraph (1), \n shall take effect 2 years after the date of enactment \n of this Act.\n (C) Effective on date of enactment.--Section \n 923(m)(4) of title 18, United States Code, as added by \n paragraph (1), shall take effect on the date of \n enactment of this Act.\n (e) Privacy Rights of Law Abiding Citizens.--Ballistics information \nof individual guns in any form or database established by this section \nmay not be used for prosecutorial purposes unless law enforcement \nofficials have a reasonable belief that a crime has been committed and \nthat ballistics information would assist in the investigation of that \ncrime.\n\nSEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, \n FIREARMS, AND EXPLOSIVES.\n\n (a) Gun Crime Task Forces.--\n (1) In general.--The Attorney General shall establish, \n within each field division of the Bureau of Alcohol, Tobacco, \n Firearms, and Explosives, a group of inspectors, agents, and \n support personnel to be known as the ``gun crime task force''.\n (2) Purpose.--The gun crime task forces established \n pursuant to paragraph (1) shall investigate, and assist in the \n regulation of, and if appropriate, the prosecution of, \n licensees (as that term is defined in section 103(j)(1) of the \n Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and \n unlicensed dealers, who are suspected of violating chapter 44 \n or 96 of title 18, United States Code.\n (b) Authorization of Appropriations.--\n (1) Gun crime task forces.--There are authorized to be \n appropriated $10,000,000 for each of the fiscal years 2005 \n through 2008 to carry out the provisions of subsection (a).\n (2) Industry operations.--There are authorized to be \n appropriated $25,000,000 for each of the fiscal years 2005 \n through 2008 to employ additional inspectors, regulators, and \n employees in the Industry Operations field divisions of the \n Bureau of Alcohol, Tobacco, Firearms, and Explosives.","summary":"So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times during any 12-month period. And (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. Repeals an exemption from Brady Act requirements involving gun sales to instate residents. Technological Resource to Assist Criminal Enforcement Act - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees. (2) prepare ballistics images of the fired bullet and cartridge casings. (3) make the records available to the Attorney General for entry into an electronic database. And (4) store the fired bullet and cartridge casings as specified. Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies. And (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.","title":"A bill to amend title 18 of the United States Code, to enhance the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the compliance of gun dealers with Federal firearms laws, and for other purposes.","text_len":12950,"sum_len":1556} {"bill_id":"112_hr766","text":"SECTION 1. SHORT TITLE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Mowa Band of \nChoctaw Indians Recognition Act''.\n (b) Definitions.--For the purposes of this Act:\n (1) Tribe.--The term ``Tribe'' means the Mowa Band of \n Choctaws and Mowa Band of Choctaw Indians of Alabama.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 2. FEDERAL RECOGNITION.\n\n Federal recognition is hereby extended to the Mowa Band of Choctaw \nIndians of Alabama. All Federal laws of general application to Indians \nand Indian tribes shall apply with respect to the Tribe.\n\nSEC. 3. RESTORATION OF RIGHTS.\n\n (a) In General.--All rights and privileges of the Tribe which may \nhave been abrogated or diminished before the date of the enactment of \nthis Act by reason of any provision of Federal law that terminated \nFederal recognition of the Tribe are hereby restored and such Federal \nlaw shall no longer apply with respect to the Tribe or the members of \nthe Tribe.\n (b) Approval of Transfers.--Under the treaties entered into by the \nancestors of the Tribe, all historical tribal lands were ceded to the \nUnited States. Congress does hereby approve and ratify such cession \neffective as of the date of the cession and the cession shall be \nregarded as an extinguishment of all interest of the Tribe, if any, in \nsaid lands as of the date of the cession. By virtue of the approval and \nratification of the cession of said lands, all claims against the \nUnited States, any State or subdivision thereof, or any other person or \nentity, by the Tribe, including but not limited to, claims for trespass \ndamages or claims for use and occupancy, arising subsequent to the \ncession and that are based upon any interest in or right involving such \nland, shall be regarded as extinguished as of the date of the cession.\n (c) Historical Land Claims.--The Tribe has no historical land claim \nand cannot and shall not use its Federal recognition to assert any \nhistorical land claim. As used herein, ``historical land claim'' means \na claim to land based upon a contention that the Tribe, or its \nancestors, were the native inhabitants of such land or based upon the \nTribe's ``status as native Americans or based upon the Mowa Band of \nChoctaws'' Federal recognition.\n (d) Request and Best Interest of Tribe.--Congress finds that the \nprovisions of this section are enacted at the request of the Tribe and \nare in the best interests of the Tribe.\n\nSEC. 4. LANDS.\n\n (a) Land Taken Into Trust.--All legal rights, title, and interests \nin lands that are held by the Tribe on the date of the enactment of \nthis Act are hereby transferred, at the request of the Tribe, to the \nUnited States in trust for the use and benefit of the Tribe.\n (b) Future Lands Into Trust.--(1) Notwithstanding any other \nprovision of law, if the Tribe transfers to the Secretary any interest \nin lands acquired by the Tribe after the date of the enactment of this \nAct, the Secretary shall accept such land on behalf of the United \nStates. Such lands shall be held by the United States in trust for the \nbenefit of the Tribe.\n (2) Notwithstanding any other provision of law, the Attorney \nGeneral of the United States shall approve any deed or other instrument \nused to make a conveyance under paragraph (1).\n (c) Any lands held in trust by the United States for the use and \nbenefit of the Tribe pursuant to this section shall constitute the \nreservation of the Tribe.\n (d) Congress finds that the provisions of this section are enacted \nat the request of the Tribe and are in the best interests of the Tribe.\n\nSEC. 5. SERVICES AND BENEFITS.\n\n The Tribe, and the members of the Tribe, shall be eligible for all \nservices and benefits that are provided by the Federal Government to \nIndians because of their status as federally recognized Indians and, \nnotwithstanding any other provision of law, such services and benefits \nshall be provided after the date of the enactment of this Act to the \nTribe, and to the members of the Tribe, without regard to the existence \nof a reservation for the Tribe or the location of the residence of any \nmember of the Tribe on or near an Indian reservation.\n\nSEC. 6. CONSTITUTION AND BYLAWS.\n\n (a) In General.--The Tribe may organize for its common welfare and \nadopt a constitution and bylaws in accordance with regulations \nprescribed by the Secretary. The Secretary shall offer to assist the \nTribe in drafting a constitution and bylaws for the Tribe.\n (b) Filing With Secretary.--Any constitution, bylaws, or amendments \nto the constitution or bylaws that are adopted by the Tribe shall take \neffect only after such constitution, bylaws, or amendments are filed \nwith the Secretary.\n\nSEC. 7. MEMBERSHIP.\n\n (a) Interim Membership.--Until a constitution for the Tribe is \nadopted, the membership of the Tribe shall consist of every individual \nwho--\n (1) is named in the tribal membership roll that is in \n effect on the date of the enactment of this Act, or\n (2) is a descendant of any individual described in \n paragraph (1).\n (b) Membership After Adoption of Constitution and Bylaws.--After \nthe adoption of a constitution by the Tribe, the membership of the \nTribe shall be determined in accordance with the terms of such \nconstitution or any bylaws adopted under such constitution.\n\nSEC. 8. REGULATIONS.\n\n The Secretary shall prescribe such regulations as may be necessary \nto carry out the purposes of this Act.","summary":"Mowa Band of Choctaw Indians Recognition Act - Extends federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Extinguishes all claims against the United States, a state or local government, or any other person or entity, by the Band arising subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its federal recognition to assert any historical land claim. Transfers all interests in lands held by the Band upon enactment of this Act to the United States, to be held in trust for the benefit of the Band.","title":"To extend Federal recognition to the Mowa Band of Choctaw Indians of Alabama, and for other purposes.","text_len":5576,"sum_len":786} {"bill_id":"114_hr1867","text":"SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.\n\n (a) Requirement of Benchmarking and Disclosure for Leasing \nBuildings Without Energy Star Labels.--Section 435(b)(2) of the Energy \nIndependence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is \namended--\n (1) by striking ``paragraph (2)'' and inserting ``paragraph \n (1)''; and\n (2) by striking ``signing the contract,'' and all that \n follows through the period at the end and inserting the \n following: ``signing the contract, the following requirements \n are met:\n ``(A) The space is renovated for all energy \n efficiency and conservation improvements that would be \n cost effective over the life of the lease, including \n improvements in lighting, windows, and heating, \n ventilation, and air conditioning systems.\n ``(B)(i) Subject to clause (ii), the space is \n benchmarked under a nationally recognized, online, free \n benchmarking program, with public disclosure, unless \n the space is a space for which owners cannot access \n whole building utility consumption data, including \n spaces--\n ``(I) that are located in States with \n privacy laws that provide that utilities shall \n not provide such aggregated information to \n multitenant building owners; and\n ``(II) for which tenants do not provide \n energy consumption information to the \n commercial building owner in response to a \n request from the building owner.\n ``(ii) A Federal agency that is a tenant of the \n space shall provide to the building owner, or authorize \n the owner to obtain from the utility, the energy \n consumption information of the space for the \n benchmarking and disclosure required by this \n subparagraph.''.\n (b) Study.--\n (1) In general.--Not later than 2 years after the date of \n enactment of this Act, the Secretary of Energy, in \n collaboration with the Administrator of the Environmental \n Protection Agency, shall complete a study--\n (A) on the impact of--\n (i) State and local performance \n benchmarking and disclosure policies, and any \n associated building efficiency policies, for \n commercial and multifamily buildings; and\n (ii) programs and systems in which \n utilities provide aggregated information \n regarding whole building energy consumption and \n usage information to owners of multitenant \n commercial, residential, and mixed-use \n buildings;\n (B) that identifies best practice policy approaches \n studied under subparagraph (A) that have resulted in \n the greatest improvements in building energy \n efficiency; and\n (C) that considers--\n (i) compliance rates and the benefits and \n costs of the policies and programs on building \n owners, utilities, tenants, and other parties;\n (ii) utility practices, programs, and \n systems that provide aggregated energy \n consumption information to multitenant building \n owners, and the impact of public utility \n commissions and State privacy laws on those \n practices, programs, and systems;\n (iii) exceptions to compliance in existing \n laws where building owners are not able to \n gather or access whole building energy \n information from tenants or utilities;\n (iv) the treatment of buildings with--\n (I) multiple uses;\n (II) uses for which baseline \n information is not available; and\n (III) uses that require high levels \n of energy intensities, such as data \n centers, trading floors, and \n televisions studios;\n (v) implementation practices, including \n disclosure methods and phase-in of compliance;\n (vi) the safety and security of \n benchmarking tools offered by government \n agencies, and the resiliency of those tools \n against cyber attacks; and\n (vii) international experiences with regard \n to building benchmarking and disclosure laws \n and data aggregation for multitenant buildings.\n (2) Submission to congress.--At the conclusion of the \n study, the Secretary shall submit to the Committee on Energy \n and Commerce of the House of Representatives and Committee on \n Energy and Natural Resources of the Senate a report on the \n results of the study.\n (c) Creation and Maintenance of Database.--\n (1) In general.--Not later than 18 months after the date of \n enactment of this Act and following opportunity for public \n notice and comment, the Secretary of Energy, in coordination \n with other relevant agencies, shall maintain, and if necessary \n create, a database for the purpose of storing and making \n available public energy-related information on commercial and \n multifamily buildings, including--\n (A) data provided under Federal, State, local, and \n other laws or programs regarding building benchmarking \n and energy information disclosure;\n (B) information on buildings that have disclosed \n energy ratings and certifications; and\n (C) energy-related information on buildings \n provided voluntarily by the owners of the buildings, \n only in an anonymous form unless the owner provides \n otherwise.\n (2) Complementary programs.--The database maintained \n pursuant to paragraph (1) shall complement and not duplicate \n the functions of the Environmental Protection Agency's Energy \n Star Portfolio Manager tool.\n (d) Input From Stakeholders.--The Secretary of Energy shall seek \ninput from stakeholders to maximize the effectiveness of the actions \ntaken under this section.\n (e) Report.--Not later than 2 years after the date of enactment of \nthis Act, and every 2 years thereafter, the Secretary of Energy shall \nsubmit to the Committee on Energy and Commerce of the House of \nRepresentatives and Committee on Energy and Natural Resources of the \nSenate a report on the progress made in complying with this section.","summary":"This bill amends the Energy Independence and Security Act of 2007 to require a federal agency leasing space in a building without an Energy Star label to include in its lease provisions requirements that the space's energy efficiency be measured against a nationally-recognized benchmark. The agency must also meet certain energy consumption disclosure requirements. The Department of Energy (DOE) must study and report on: (1) the impact of state and local performance benchmarking and disclosure policies for commercial and multifamily buildings. (2) the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings. And (3) the best practice policy approaches studied in those impact analyses that have resulted in the greatest improvements in building energy efficiency. DOE must maintain a database for storing and making available public energy-related information on commercial and multifamily buildings.","title":"To encourage benchmarking and disclosure of energy information for commercial buildings.","text_len":7511,"sum_len":1071} {"bill_id":"114_s2425","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Patient Access and Medicare \nProtection Act''.\nSEC. 2. NON-APPLICATION OF MEDICARE FEE SCHEDULE ADJUSTMENTS FOR \nWHEELCHAIR ACCESSORIES AND SEAT AND BACK CUSHIONS WHEN FURNISHED IN \nCONNECTION WITH COMPLEX REHABILITATIVE POWER WHEELCHAIRS.\n (a) Non-application.--\n (1) In general.--Notwithstanding any other provision of law, \n the Secretary of Health and Human Services shall not, prior to \n January 1, 2017, use information on the payment determined under \n the competitive acquisition programs under section 1847 of the \n Social Security Act (42 U.S.C. 1395w-3) to adjust the payment \n amount that would otherwise be recognized under section \n 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for \n wheelchair accessories (including seating systems) and seat and \n back cushions when furnished in connection with Group 3 complex \n rehabilitative power wheelchairs.\n (2) Implementation.--Notwithstanding any other provision of \n law, the Secretary may implement this subsection by program \n instruction or otherwise.\n (b) GAO Study and Report.--\n (1) Study.--\n (A) In general.--The Comptroller General of the United \n States shall conduct a study on wheelchair accessories \n (including seating systems) and seat and back cushions \n furnished in connection with Group 3 complex rehabilitative \n power wheelchairs. Such study shall include an analysis of the \n following with respect to such wheelchair accessories and seat \n and back cushions in each of the groups described in clauses \n (i) through (iii) of subparagraph (B):\n (i) The item descriptions and associated HCPCS codes \n for such wheelchair accessories and seat and back cushions.\n (ii) A breakdown of utilization and expenditures for \n such wheelchair accessories and seat and back cushions \n under title XVIII of the Social Security Act.\n (iii) A comparison of the payment amount under the \n competitive acquisition program under section 1847 of such \n Act (42 U.S.C. 1395w-3) with the payment amount that would \n otherwise be recognized under section 1834 of such Act (42 \n U.S.C. 1395m), including beneficiary cost sharing, for such \n wheelchair accessories and seat and back cushions.\n (iv) The aggregate distribution of such wheelchair \n accessories and seat and back cushions furnished under such \n title XVIII within each of the groups described in \n subparagraph (B).\n (v) Other areas determined appropriate by the \n Comptroller General.\n (B) Groups described.--The following groups are described \n in this subparagraph:\n (i) Wheelchair accessories and seat and back cushions \n furnished predominantly with Group 3 complex rehabilitative \n power wheelchairs.\n (ii) Wheelchair accessories and seat and back cushions \n furnished predominantly with power wheelchairs that are not \n described in clause (i).\n (iii) Other wheelchair accessories and seat and back \n cushions furnished with either power wheelchairs described \n in clause (i) or (ii).\n (2) Report.--Not later than June 1, 2016, the Comptroller \n General of the United States shall submit to Congress a report \n containing the results of the study conducted under paragraph (1), \n together with recommendations for such legislation and \n administrative as the Comptroller General determines to be \n appropriate.\nSEC. 3. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION THERAPY \nSERVICES UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.\n (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. \n1395w-4) is amended--\n (1) in subsection (b), by adding at the end the following new \n paragraph:\n ``(11) Special rule for certain radiation therapy services.--\n The code definitions, the work relative value units under \n subsection (c)(2)(C)(i), and the direct inputs for the practice \n expense relative value units under subsection (c)(2)(C)(ii) for \n radiation treatment delivery and related imaging services \n (identified in 2016 by HCPCS G-codes G6001 through G6015) for the \n fee schedule established under this subsection for services \n furnished in 2017 and 2018 shall be the same as such definitions, \n units, and inputs for such services for the fee schedule \n established for services furnished in 2016.''; and\n (2) in subsection (c)(2)(K), by adding at the end the following \n new clause:\n ``(iv) Treatment of certain radiation therapy \n services.--Radiation treatment delivery and related imaging \n services identified under subsection (b)(11) shall not be \n considered as potentially misvalued services for purposes \n of this subparagraph and subparagraph (O) for 2017 and \n 2018.''.\n (b) Report to Congress on Alternative Payment Model.--Not later \nthan 18 months after the date of the enactment of this Act, the \nSecretary of Health and Human Services shall submit to Congress a \nreport on the development of an episodic alternative payment model for \npayment under the Medicare program under title XVIII of the Social \nSecurity Act for radiation therapy services furnished in nonfacility \nsettings.\nSEC. 4. ENSURING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR \nMEANINGFUL USE FOR 2015 EHR REPORTING PERIOD FOR 2017 PAYMENT \nADJUSTMENTS.\n (a) Eligible Professionals.--Section 1848(a)(7)(B) of the Social \nSecurity Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended, in the first \nsentence, by inserting ``(and, with respect to the payment adjustment \nunder subparagraph (A) for 2017, for categories of eligible \nprofessionals, as established by the Secretary and posted on the \nInternet website of the Centers for Medicare & Medicaid Services prior \nto December 15, 2015, an application for which must be submitted to the \nSecretary by not later than March 15, 2016)'' after ``case-by-case \nbasis''.\n (b) Eligible Hospitals.--Section 1886(b)(3)(B)(ix) of the Social \nSecurity Act (42 U.S.C. 1395ww(b)(3)(B)(ix)) is amended--\n (1) in the first sentence of subclause (I), by striking \n ``(n)(6)(A)'' and inserting ``(n)(6)''; and\n (2) in subclause (II), in the first sentence, by inserting \n ``(and, with respect to the application of subclause (I) for fiscal \n year 2017, for categories of subsection (d) hospitals, as \n established by the Secretary and posted on the Internet website of \n the Centers for Medicare & Medicaid Services prior to December 15, \n 2015, an application for which must be submitted to the Secretary \n by not later than April 1, 2016)'' after ``case-by-case basis''.\n (c) Implementation.--Notwithstanding any other provision of law, \nthe Secretary of Health and Human Services shall implement the \nprovisions of, and the amendments made by, subsections (a) and (b) by \nprogram instruction, such as through information on the Internet \nwebsite of the Centers for Medicare & Medicaid Services.\nSEC. 5. MEDICARE IMPROVEMENT FUND.\n Section 1898(b)(1) of the Social Security Act (42 U.S.C. \n1395iii(b)(1)) is amended by striking ``$5,000,000'' and inserting \n``$0''.\nSEC. 6. STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH FLEXIBILITY.\n Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is \namended--\n (1) in subsection (a), by inserting ``, or otherwise,'' after \n ``entities''; and\n (2) in subsection (e)--\n (A) in paragraph (1), in the matter preceding subparagraph \n (A), by inserting ``(including the costs of equipment, salaries \n and benefits, and travel and training)'' after ``Program under \n this section''; and\n (B) in paragraph (3), by striking ``by 100'' and inserting \n ``by 100, or such number as determined necessary by the \n Secretary to carry out the Program,''.\nSEC. 7. ESTABLISHING MEDICARE ADMINISTRATIVE CONTRACTOR ERROR REDUCTION \nINCENTIVES.\n (a) In General.--Section 1874A(b)(1)(D) of the Social Security Act \n(42 U.S.C. 1395kk-1(b)(1)(D)) is amended--\n (1) by striking ``quality.--The Secretary'' and inserting \n ``quality.--\n ``(i) In general.--Subject to clauses (ii) and (iii), \n the Secretary''; and\n (2) by inserting after clause (i), as added by paragraph (1), \n the following new clauses:\n ``(ii) Improper payment rate reduction incentives.--The \n Secretary shall provide incentives for medicare \n administrative contractors to reduce the improper payment \n error rates in their jurisdictions.\n ``(iii) Incentives.--The incentives provided for under \n clause (ii)--\n\n ``(I) may include a sliding scale of award fee \n payments and additional incentives to medicare \n administrative contractors that either reduce the \n improper payment rates in their jurisdictions to \n certain thresholds, as determined by the Secretary, or \n accomplish tasks, as determined by the Secretary, that \n further improve payment accuracy; and\n ``(II) may include substantial reductions in award \n fee payments under cost-plus-award-fee contracts, for \n medicare administrative contractors that reach an upper \n end improper payment rate threshold or other threshold \n as determined by the Secretary, or fail to accomplish \n tasks, as determined by the Secretary, that further \n improve payment accuracy.''.\n\n (b) Effective Date.--\n (1) In general.--The amendments made by subsection (a) shall \n apply to contracts entered into or renewed on or after the date \n that is 3 years after the date of enactment of this Act.\n (2) Application to existing contracts.--In the case of \n contracts in existence on or after the date of the enactment of \n this Act and that are not subject to the effective date under \n paragraph (1), the Secretary of Health and Human Services shall, \n when appropriate and practicable, seek to apply the incentives \n provided for in the amendments made by subsection (a) through \n contract modifications.\nSEC. 8. STRENGTHENING PENALTIES FOR THE ILLEGAL DISTRIBUTION OF A \nMEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR BILLING \nPRIVILEGES.\n Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) \nis amended by adding at the end the following:\n ``(4) Whoever without lawful authority knowingly and willfully \n purchases, sells or distributes, or arranges for the purchase, \n sale, or distribution of a beneficiary identification number or \n unique health identifier for a health care provider under title \n XVIII, title XIX, or title XXI shall be imprisoned for not more \n than 10 years or fined not more than $500,000 ($1,000,000 in the \n case of a corporation), or both.''.\nSEC. 9. IMPROVING THE SHARING OF DATA BETWEEN THE FEDERAL GOVERNMENT \nAND STATE MEDICAID PROGRAMS.\n (a) In General.--The Secretary of Health and Human Services (in \nthis section referred to as the ``Secretary'') shall establish a plan \nto encourage and facilitate the participation of States in the \nMedicare-Medicaid Data Match Program (commonly referred to as the \n``Medi-Medi Program'') under section 1893(g) of the Social Security Act \n(42 U.S.C. 1395ddd(g)).\n (b) Program Revisions To Improve Medi-Medi Data Match Program \nParticipation by States.--Section 1893(g)(1)(A) of the Social Security \nAct (42 U.S.C. 1395ddd(g)(1)(A)) is amended--\n (1) in the matter preceding clause (i), by inserting ``or \n otherwise'' after ``eligible entities'';\n (2) in clause (i)--\n (A) by inserting ``to review claims data'' after \n ``algorithms''; and\n (B) by striking ``service, time, or patient'' and inserting \n ``provider, service, time, or patient'';\n (3) in clause (ii)--\n (A) by inserting ``to investigate and recover amounts with \n respect to suspect claims'' after ``appropriate actions''; and\n (B) by striking ``; and'' and inserting a semicolon;\n (4) in clause (iii), by striking the period and inserting`` ; \n and''; and\n (5) by adding at the end the following new clause:\n ``(iv) furthering the Secretary's design, development, \n installation, or enhancement of an automated data system \n architecture--\n\n ``(I) to collect, integrate, and assess data for \n purposes of program integrity, program oversight, and \n administration, including the Medi-Medi Program; and\n ``(II) that improves the coordination of requests \n for data from States.''.\n\n (c) Providing States With Data on Improper Payments Made for Items \nor Services Provided to Dual Eligible Individuals.--\n (1) In general.--The Secretary shall develop and implement a \n plan that allows each State agency responsible for administering a \n State plan for medical assistance under title XIX of the Social \n Security Act access to relevant data on improper or fraudulent \n payments made under the Medicare program under title XVIII of the \n Social Security Act (42 U.S.C. 1395 et seq.) for health care items \n or services provided to dual eligible individuals.\n (2) Dual eligible individual defined.--In this section, the \n term ``dual eligible individual'' means an individual who is \n entitled to, or enrolled for, benefits under part A of title XVIII \n of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled \n for benefits under part B of title XVIII of such Act (42 U.S.C. \n 1395j et seq.), and is eligible for medical assistance under a \n State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or \n under a waiver of such plan.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Patient Access and Medicare Protection Act This bill temporarily exempts from certain Medicare payment adjustments wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. The Government Accountability Office must study wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. The bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to prohibit specified adjustments to the Medicare fee schedule for certain radiation therapy services in 2017 or 2018. Under current law, the Centers for Medicare amp. Medicaid Services (CMS) must periodically identify, review, and make adjustments to potentially misvalued services under Medicare. The bill specifies that certain radiation therapy services shall not be considered as potentially misvalued services for these purposes in 2017 or 2018. For 2017, CMS may exempt categories of eligible professionals from requirements for meaningful use of electronic health records (EHR) technology. Under current law, CMS may, on a case-by-case basis, exempt an eligible professional from certain negative payment adjustments that would otherwise apply due to the professional's failure to comply with those requirements. The bill eliminates funding for the Medicare Improvement Fund. The bill amends title XIX (Medicaid) of the SSAct to make changes related to the Medicaid Integrity Program (MIP). The bill: (1) specifies that program appropriationsnbsp. May cover the costs of equipment, travel, training, and salaries and benefits. And (2) allows CMS flexibility in determining the number of additional staff necessary to carry out the program. Under current law, CMS may contract with Medicare administrative contractors (MACs), which arenbsp, privatenbsp, insurers that process Medicare claims withinnbsp, specified geographic jurisdictions. The billnbsp. Requires CMS to provide specified incentives for MACs to reduce improper payment error rates within their jurisdictions. The bill establishes criminal penalties of up to 10 years imprisonment and up to $500,000 in fines for illegally purchasing or distributing Medicare, Medicaid, or Children's Health Insurance Program (CHIP) beneficiary identification or billing privileges. The bill increases the scope of the Medicare-Medicaid Data Match Program , an existing program through which contractors and participatingnbsp, governmental agencies collaboratively analyzenbsp. Medicare and Medicaid billing trends. CMS must establish a plan to encourage states to participate in the Medi-Medi Program. CMS shall implement a plan to allow states to access relevant data on improper or fraudulent payments made under the Medicare program on behalf of individuals dually eligible for both Medicare and Medicaid.","title":"Patient Access and Medicare Protection Act","text_len":14635,"sum_len":2859} {"bill_id":"114_hr2365","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Construction Reform, Authorization, \nand Choice Improvement Act of 2015''.\n\nSEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS.\n\n (a) Project Management.--Section 8103 of title 38, United States \nCode, is amended by adding at the end the following new subsection:\n ``(e) In the case of any super construction project (as such term \nis defined in section 8104(a)(4)(C)), the Secretary shall enter into an \nagreement with an appropriate non-Department entity to provide full \nproject management services for the super construction project.''.\n (b) Application of Industry Standards.--Section 8103 of title 38, \nUnited States Code, as amended by subsection (a) is further amended by \nadding at the end the following new subsection:\n ``(f) To the maximum extent practicable, the Secretary shall use \nindustry standards, standard designs, and best practices in carrying \nout the construction of medical facilities.''.\n (c) Limitation on Planning and Design for Super Construction \nProjects.--Section 8104(a) of title 38, United States Code, is \namended--\n (1) by redesignating paragraph (3) as paragraph (4);\n (2) by inserting after paragraph (2) the following new \n paragraph (3):\n ``(3) The Secretary may not obligate or expend funds for advance \nplanning or design for any super construction project, until the date \nthat is 60 days after the date on which the Secretary submits to the \nCommittee on Veterans' Affairs and the Committee on Appropriations of \nthe Senate and the Committee on Veterans' Affairs and the Committee on \nAppropriations of the House of Representatives notice of such \nobligation or expenditure.''; and\n (3) in paragraph (4), as redesignated by paragraph (1) of \n this subsection, by adding at the end the following new \n subparagraph:\n ``(C) The term `super construction project' means a project \n for the construction, alteration, or acquisition of a medical \n facility involving a total expenditure of more than \n $100,000,000, but such term does not include an acquisition by \n exchange.''.\n (d) Congressional Approval of Certain Projects.--\n (1) Projects that exceed specified amount.--Subsection (c) \n of section 8104 of title 38, United States Code, is amended to \n read as follows:\n ``(c) The Secretary may not obligate funds for a major medical \nfacility project or a super construction project approved by a law \ndescribed in subsection (a)(2) in an amount that would cause the total \namount obligated for that project to exceed the amount specified in the \nlaw for that project (or would add to total obligations exceeding such \nspecified amount) by more than 10 percent unless the Committee on \nVeterans' Affairs and the Committee on Appropriations of the Senate and \nthe Committee on Veterans' Affairs and the Committee on Appropriations \nof the House of Representatives each approve in writing the obligation \nof those funds.''.\n (2) Use of extra amounts.--Subsection (d) of such section \n is amended--\n (A) in paragraph (2)(B), in the matter preceding \n clause (i), by striking ``Whenever'' and inserting \n ``Before''; and\n (B) by adding at the end the following new \n paragraph:\n ``(3) The Secretary may not obligate any funds described in \nparagraph (1) or amounts described in paragraph (2) before the date \nthat is 30 days after the notification submitted under paragraph (1) or \nparagraph (2)(B), as the case may be, unless the Committee on Veterans' \nAffairs and the Committee on Appropriations of the Senate and the \nCommittee on Veterans' Affairs and the Committee on Appropriations of \nthe House of Representatives each approve in writing the obligation of \nthose funds or amounts.''.\n (3) Notification requirements.--\n (A) Committees required.--Subsection (d)(1) of such \n section is amended by striking ``each committee'' and \n inserting ``the Committee on Veterans' Affairs and the \n Committee on Appropriations of the Senate and the \n Committee on Veterans' Affairs and the Committee on \n Appropriations of the House of Representatives''.\n (B) Use of amounts from bid savings.--Subsection \n (d)(2)(B) of such section is amended by adding at the \n end the following new clause:\n ``(iv) With respect to the major construction project that \n is the source of the bid savings--\n ``(I) the amounts already obligated or available in \n the project reserve for such project;\n ``(II) the percentage of such project that has been \n completed; and\n ``(III) the amount of such bid savings that is \n already obligated or otherwise being used for a purpose \n other than such project.''.\n (e) Quarterly Report on Super Construction Projects.--\n (1) In general.--At the end of subchapter I of chapter 81 \n of title 38, United States Code, insert the following new \n section:\n``Sec. 8120. Quarterly report on super construction projects\n ``(a) Quarterly Reports Required.--Not later than 30 days after the \nlast day of each fiscal quarter the Secretary shall submit to the \nCommittees on Veterans' Affairs of the Senate and House of \nRepresentatives on the super construction projects carried out by the \nSecretary during such quarter. Each such report shall include, for each \nsuch project--\n ``(1) the budgetary and scheduling status of the project, \n as of the last day of the quarter covered by the report; and\n ``(2) the actual cost and schedule variances of the \n project, as of such day, compared to the planned cost and \n schedules for the project.\n ``(b) Super Construction Project Defined.--In this section, the \nterm `super construction project' has the meaning given such term in \nsection 8103(a)(4)(C) of this title.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of the chapter is amended by adding at the end of the \n items relating to such subchapter the following new item:\n\n``8120. Quarterly report on super construction projects.''.\n (f) Accelerated Master Planning for Each Medical Facility of the \nDepartment of Veterans Affairs.--\n (1) Existing facilities.--Not later than December 31, 2016, \n the Secretary of Veterans Affairs shall complete a master plan \n described in paragraph (3) for each medical facility of the \n Department of Veterans Affairs.\n (2) New facilities.--For each medical facility of the \n Department for which construction is completed after the date \n of the enactment of this Act, the Secretary shall complete a \n master plan described in paragraph (3) for the facility by not \n later than the earlier of the following dates:\n (A) The date on which activation is completed.\n (B) The date of the formal dedication of the \n facility.\n (3) Master plan described.--A master plan described in this \n paragraph is, with respect to a medical facility of the \n Department, a plan to inform investment decisions and funding \n requests over a 10-year period for construction projects at \n such medical facility--\n (A) to meet the health care needs of a changing \n veteran population through a combination of health care \n from the Department and other community resources; and\n (B) to maximize the best use of the land and \n structures comprising such medical facility.\n\nSEC. 3. CLARIFICATION OF DISTANCE REQUIREMENT FOR EXPANDED AVAILABILITY \n OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS \n THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF \n VETERANS AFFAIRS ENTITIES.\n\n (a) In General.--Section 101(b)(2) of the Veterans Access, Choice, \nand Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 \nnote) is amended--\n (1) in subparagraph (B), by inserting ``(as calculated \n based on distance traveled)'' after ``40 miles''; and\n (2) in subparagraph (D)(ii), by striking subclause (II), \n and inserting the following new subclause (II):\n ``(II) faces an unusual or \n excessive burden in traveling to such a \n medical facility of the Department \n based on--\n ``(aa) geographical \n challenges;\n ``(bb) environmental \n factors, such as roads that are \n not accessible to the general \n public, traffic, or hazardous \n weather;\n ``(cc) a medical condition \n that impacts the ability to \n travel; or\n ``(dd) other factors, as \n determined by the Secretary.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the date of the enactment of this Act and apply with \nrespect to care or services provided on or after such date.\n\nSEC. 4. MODIFICATION OF AUTHORIZATION OF FISCAL YEAR 2008 MAJOR MEDICAL \n FACILITY PROJECT AT DEPARTMENT MEDICAL CENTER IN TAMPA, \n FLORIDA.\n\n In chapter 3 of the Supplemental Appropriations Act, 2008 (Public \nLaw 110-252; 122 Stat. 2326), in the matter under the heading \n``Department of Veterans Affairs-Departmental Administration-\nConstruction, Major Projects'', after ``Five Year Capital Plan'' insert \nthe following: ``and for constructing a new bed tower at the Department \nof Veterans Affairs medical center in Tampa, Florida, in lieu of \nproviding bed tower upgrades at such medical center''.\n\nSEC. 5. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MEDICAL FACILITY \n PROJECTS.\n\n (a) Authorization.--The Secretary of Veterans Affairs may carry out \nthe following major medical facility projects in fiscal year 2015, with \neach project to be carried out in an amount not to exceed the amount \nspecified for that project:\n (1) Construction of a community living center, outpatient \n clinic, renovated domiciliary, and renovation of existing \n buildings in Canandaigua, New York, in an amount not to exceed \n $158,980,000.\n (2) Seismic corrections to the mental health and community \n living center in Long Beach, California, in an amount not to \n exceed $126,100,000.\n (3) Seismic correction of 12 buildings in West Los Angeles, \n California, in an amount not to exceed $70,500,000.\n (4) Construction of a spinal cord injury building and \n seismic corrections in San Diego, California, in an amount not \n to exceed $205,840,000.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary of Veterans Affairs for fiscal year 2015 \nor the year in which funds are appropriated for the Construction, Major \nProjects, account, a total of $561,420,000 for the projects authorized \nin subsection (a).\n\nSEC. 6. PERMANENT AUTHORITY FOR EXPANDED AVAILABILITY OF HOSPITAL CARE \n AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF \n AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS \n ENTITIES.\n\n (a) In General.--Section 101 of the Veterans Access, Choice, and \nAccountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is \namended--\n (1) by striking subsection (p); and\n (2) by redesignating subsections (q) through (s) as \n subsections (p) through (r), respectively.\n (b) Conforming Amendments.--Such section is further amended--\n (1) in subsection (i)(2), by striking ``is authorized to \n carry out this section pursuant to subsection (p)'' and \n inserting ``carries out this section''; and\n (2) in subsection (q)(2), by striking subparagraph (F).\n\nSEC. 7. SENSE OF CONGRESS REGARDING VETERANS CHOICE FUND.\n\n Section 802(e) of the Veterans Access, Choice, and Accountability \nAct of 2014 (Public Law 113-146; 128 Stat. 1803) is amended by striking \n``for each of fiscal years 2015 through 2017''.","summary":"Construction Reform, Authorization, and Choice Improvement Act of 2015 This bill requires the Department of Veterans Affairs (VA) to: (1) enter into an agreement with an appropriate non-VA entity to provide full project management services for a super construction project. And (2) use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million . The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10 of the amount approved by law unless certain congressional committees each approve the obligation, and using bid savings amounts or funds for other than their original purpose before 30 days after notifying such committees unless each committee approves the obligation. The VA must complete a master plan for each VA medical facility meeting specified requirements to inform investment decisions and funding requests over a 10-year period for construction projects at the facility. The 40-mile distance requirement for a veteran to use a non-VA medical facility under the veterans choice program of the Veterans Access, Choice, and Accountability Act of 2014 means 40 miles calculated on the basis of distance traveled. The VA may carry out the following major medical facility projects in FY2015 : construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York. Seismic corrections to the mental health and community living center in Long Beach, California, seismic correction of 12 buildings in West Los Angeles, California. And construction of a spinal cord injury building and seismic corrections in San Diego, California. VA authority to make medical services and hospital care available for eligible veterans through agreements with non-VA entities shall now be permanent. The sense of Congress regarding the Veterans Choice Fund is revised.","title":"Construction Reform, Authorization, and Choice Improvement Act of 2015","text_len":13010,"sum_len":2259} {"bill_id":"109_hr3779","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``National Women's \nRights History Project Act of 2005''.\n (b) Findings.--Congress finds the following:\n (1) The women's rights movement is one of the three great \n protest traditions in United States history, sharing that \n status with the struggle for racial equality and the labor \n movement.\n (2) On July 19, 1848, a group of activists including \n Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock, \n convened the first Women's Rights Convention at Wesleyan Chapel \n in Seneca Falls, New York. During the Convention, 68 women and \n 32 men signed the Declaration of Sentiments calling for a broad \n array of rights for women, including suffrage.\n (3) Under the leadership of Elizabeth Cady Stanton and \n Susan B. Anthony, the National American Women Suffrage \n Association (NAWSA) was formed. NAWSA was instrumental in \n securing passage of the 19th amendment, which amended the \n Constitution to give women the right to vote. The 19th \n amendment was passed by Congress on June 4, 1919, and was \n ratified on August 18, 1920.\n (4) Susan B. Anthony formed the Equal Rights Association, \n refuted ideas that women were inferior to men, and fought for \n women's right to vote. She also campaigned for the rights of \n women to own property, to keep their own earnings, and to have \n custody of their children. In 1900, she persuaded the \n University of Rochester to admit women.\n (5) In the late 19th and early 20th centuries, the women's \n movement expanded to also play a critical role in shaping \n policies on economic and social welfare.\n\nSEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE \n OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.\n\n Title XVI of Public Law 96-607, which established the Women's \nRights National Historical Park, is amended by inserting after section \n1601 (16 U.S.C. 410ll) the following new section:\n\n``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE.\n\n ``(a) Finding.--There is an opportunity for the Women's Rights \nNational Historical Park in Seneca Falls and Waterloo, New York, to \nwork in partnership with historically and thematically related \nproperties in the corridor between Syracuse and Rochester, New York, \nincluding the Susan B. Anthony House, to tell the story of the 72-year \nfight for women's suffrage.\n ``(b) Establishment of Trail Route.--The Secretary of the Interior, \nacting through the Director of National Park Service, with concurrence \nof the agency having jurisdiction over the relevant roads, is \nauthorized to designate a vehicular tour route, to be known as the \n`Votes for Women History Trail Route', to link properties in the State \nof New York that are historically and thematically associated with the \nstruggle for women's suffrage in the United States.\n ``(c) Administration.--The Votes for Women History Trail Route \nshall be administered by the National Park Service through the Women's \nRights National Historical Park.\n ``(d) Activities.--To facilitate the establishment of the Votes for \nWomen History Trail Route and the dissemination of information \nregarding the Trail Route, the Secretary shall--\n ``(1) produce and disseminate appropriate educational \n materials regarding the Trail Route, such as handbooks, maps, \n exhibits, signs, interpretive guides, and electronic \n information;\n ``(2) coordinate the management, planning, and standards of \n the auto route in partnership with participating properties, \n other Federal agencies, and State and local governments;\n ``(3) create and adopt an official, uniform symbol or \n device to mark the Votes for Women History Trail Route; and\n ``(4) issue guidelines for the use of such symbol or \n device.\n ``(e) Elements of Trail Route.--The Secretary may designate as an \nofficial stop on the Votes for Women History Trail Route any of the \nfollowing properties, subject to the consent of the owner of the \nproperty:\n ``(1) All units and programs of Women's Rights National \n Historical Park that pertain to the struggle for women's \n suffrage.\n ``(2) Other Federal, State, local, and privately owned \n properties that the Secretary determines have a verifiable \n connection to the struggle for women's suffrage.\n ``(3) Other governmental and nongovernmental facilities and \n programs of an educational, commemorative, research, or \n interpretive nature that the Secretary determines to be \n directly related to the struggle for women's suffrage.\n ``(f) Cooperative Agreements and Memoranda of Understanding.--\n ``(1) Authorized.--To facilitate the establishment of the \n Votes for Women History Trail Route and to ensure effective \n coordination of the Federal and non-Federal properties \n designated as stops along the Trail Route, the Secretary is \n authorized to enter into cooperative agreements and memorandums \n of understanding with, and provide technical and financial \n assistance to, other Federal agencies, the State of New York, \n localities, regional governmental bodies, and private entities.\n ``(2) Authorization of appropriations.--There are \n authorized to be appropriated to the Secretary of the Interior \n such sums as are necessary for the period of fiscal year 2006 \n through fiscal year 2010 to provide financial assistance to \n cooperating entities pursuant to agreements or memorandums \n entered into under paragraph (1).''.\n\nSEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY.\n\n (a) In General.--The Secretary of the Interior is authorized to \nmake annual grants to State historic preservation offices for up to 5 \nyears to assist those State historic preservation offices in surveying, \nevaluating, and nominating women's rights history properties to the \nNational Register of Historic Places. The Secretary shall ensure that \nthe National Register travel itinerary website, ``Places Where Women \nMade History'' is updated to contain the results of the inventory and \nlinks to websites related to places on the inventory when such links \nare available.\n (b) Eligibility.--When offering grants under subsection (a), the \nSecretary shall give priority grants related to properties associated \nwith the multiple facets of the women's rights movement such as \npolitics, economics, education, religion, and social and family rights.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of the Interior to carry out this section \nsuch sums as are necessary for the period of fiscal year 2006 through \nfiscal year 2010.\n\nSEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK.\n\n (a) In General.--The Secretary of the Interior is authorized to \nmake matching grants and technical assistance for development of a \nnetwork of governmental and nongovernmental entities whose purpose is \nto provide interpretive and educational program development of national \nwomen's rights history, including historic preservation. Matching \ngrants for historic preservation specific to the network may be made \navailable through State historic preservation offices. The network \nshall be managed through a nongovernmental entity, identified by the \nSecretary of the Interior through a competitive process. The \nnongovernmental managing entity shall work in partnership with the \nNational Park Service and State historic preservation offices to \ncoordinate operation of the network.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of the Interior to carry out this section \nsuch sums as are necessary for the period of fiscal year 2006 through \nfiscal year 2010.","summary":"National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park . Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places. And (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation.","title":"To authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage, and for other purposes.","text_len":8158,"sum_len":951} {"bill_id":"106_hr90","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Stop Sweatshops \nAct''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Fair Labor Standards Act of 1938.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The production of garments in violation of minimum \n labor standards burdens commerce and the free flow of goods in \n commerce by spreading and perpetuating labor conditions that \n undermine minimum living standards and by providing an unfair \n means of competition to the detriment of employers who comply \n with the law.\n (2) The existence of working conditions detrimental to fair \n competition and the maintenance of minimum standards of living \n necessary for health, efficiency, and general well-being of \n workers are a continuing and growing problem in the domestic \n garment industry.\n (3) The Congress concurs in the findings of the Comptroller \n General that most sweatshop employers violate the recordkeeping \n requirements of the Fair Labor Standards Act of 1938 and that \n the failure of such employers to maintain adequate records has \n and continues to adversely affect the ability of the Department \n of Labor to collect wages due to workers.\n (4) The amendment of the Fair Labor Standards Act of 1938 \n to provide for legal responsibility on the part of \n manufacturers for compliance with such Act's wage and hour, \n child labor, and industrial homework provisions by contractors \n in the garment industry and to provide civil penalties for \n violations of that Act's recordkeeping requirements is \n necessary to promote fair competition and working conditions \n that are not detrimental to the maintenance of health, \n efficiency, and general well-being of workers in the garment \n industry.\n\nSEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR \n PROVISIONS IN THE GARMENT INDUSTRY.\n\n (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by \nadding after section 14 the following:\n\n ``legal responsibility for compliance in the garment industry with \n sections 6 and 7\n\n ``Sec. 14A. (a) Every manufacturer engaged in the garment industry \nwho contracts to have garment manufacturing operations performed by \nanother person as a contractor--\n ``(1) shall be civilly liable, with respect to those \n garment manufacturing operations, to the same extent as the \n contractor for any violation by the contractor of section 6 \n (except for violations of subsection (d)) or 7, for any \n violation by the contractor of the provisions of section 11 \n regulating, restricting, or prohibiting industrial homework, \n and for violation by the contractor of section 12; and\n ``(2) shall be subject to the same civil penalties assessed \n against the contractor for violations of such sections.\n ``(b) For purposes of this section:\n ``(1) The term `garment industry' means the designing, \n cutting, sewing, dyeing, washing, finishing, assembling, \n pressing, or otherwise producing men's, women's, children's, or \n infants' apparel, including clothing, knit goods, hats, gloves, \n handbags, hosiery, ties, scarves, and belts, or a section or \n component of apparel, except for pre-manufactured items such as \n buttons, zippers, snaps, and studs, designed or intended to be \n worn by any individual which is to be sold or offered for sale.\n ``(2) The term `manufacturer' means any person who (A) \n contracts, directly or indirectly through an intermediary or \n otherwise, with a contractor to perform the cutting, sewing, \n dyeing, washing, finishing, assembling, pressing, or otherwise \n producing any men's, women's, children's, or infants' apparel, \n including clothing, knit goods, hats, gloves, handbags, \n hosiery, ties, scarves, and belts, or a section or component of \n apparel, except for pre-manufactured items such as buttons, \n zippers, snaps, and studs, designed or intended to be worn by \n any individual which is to be sold or offered for sale, \n including a retailer engaged in such activities, or (B) \n designs, cuts, sews, dyes, washes, finishes, assembles, \n presses, or otherwise produces or is responsible for the \n production of any men's, women's, children's, or infants' \n apparel, including clothing, knit goods, hats, gloves, \n handbags, hosiery, ties, scarves, and belts, or a section or \n component of apparel, except for pre-manufactured items such as \n buttons, zippers, snaps, and studs, designed or intended to be \n worn by any individual which is to be sold or offered for sale.\n ``(3) The term `contractor' means any person who contracts, \n directly or indirectly through an intermediary or otherwise, \n with a manufacturer to perform the cutting, sewing, dyeing, \n washing, finishing, assembling, pressing, or otherwise \n producing any men's, women's, children's, or infants' apparel, \n including clothing, knit goods, hats, gloves, handbags, \n hosiery, ties, scarves, and belts, or a section or component of \n apparel, except for pre-manufactured items such as buttons, \n zippers, snaps, and studs, designed or intended to be worn by \n any individual which is to be sold or offered for sale.\n ``(4) The term `retailer' means any person engaged in the \n sale of apparel to the ultimate consumer for personal use.''.\n (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is \namended--\n (1) in subsection (b), by adding after the first sentence \n the following: ``A manufacturer in the garment industry (as \n defined in section 14A(b)(2)) shall also be jointly and \n severally liable to such an employee to the same extent as the \n contractor in the garment industry (as defined in section \n 14A(b)(3)) who employed such employee if the contractor \n violated section 6 (other than subsection (d)) or 7 in the \n production of apparel or components of apparel for such \n manufacturer.'';\n (2) in subsection (b), by inserting in the last sentence \n ``or by a manufacturer in the garment industry'' after ``by an \n employer''; and\n (3) in subsection (c)--\n (A) by striking ``first sentence'' and inserting \n ``first or second sentences''; and\n (B) by inserting ``or by a manufacturer in the \n garment industry'' after ``liable''.\n\nSEC. 4. RECORDKEEPING.\n\n Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the \nfirst sentence the following: ``Any person who fails to establish, \nmaintain, and preserve payroll records as required under section 11(c) \nshall be subject to a civil penalty of not to exceed $1000 for each \nemployee who was the subject of such a violation. The Secretary may, in \nthe Secretary's discretion, compute civil penalties under this \nsubsection for each pay period for willful violations. Any person who \nsubmits fraudulent payroll records to the agencies enforcing this Act \nin any of its investigations or hearings or as evidence in a court \naction, which records conceal the actual hours of labor worked by \nemployees or the violation of section 6, 7, 11(d), or 12 shall be \nsubject to a civil penalty of $10,000 per act of fraud and $15,000 per \nact of fraud for a second offense.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect upon the \nexpiration of 30 days from the date of its enactment.","summary":"Stop Sweatshops Act - Amends the Fair Labor Standards Act of 1938 to make garment industry manufacturers civilly liable for sweatshop conditions maintained by their contractors. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.","title":"Stop Sweatshops Act","text_len":8168,"sum_len":272} {"bill_id":"112_s2044","text":"SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY MACHINES.\n\n (a) In General.--The Under Secretary for Science and Technology in \nthe Department of Homeland Security shall provide for the conduct of an \nindependent study of the effects on human health caused by the use of \nbackscatter x-ray machines at airline checkpoints operated by the \nTransportation Security Administration.\n (b) Requirements for Study.--\n (1) Conduct.--The study required under subsection (a) shall \n be--\n (A) initiated not later than 90 days after the date \n of the enactment of this Act;\n (B) conducted by an independent laboratory selected \n by the Under Secretary, in consultation with the \n National Science Foundation, from among laboratories \n with expertise in the conduct of similar studies; and\n (C) to the maximum extent practicable, consistent \n with standard evaluations of radiological medical \n equipment.\n (2) Testing equipment.--In conducting the study, the \n laboratory shall, to the maximum extent practicable--\n (A) use calibration testing equipment developed by \n the laboratory for purposes of study; and\n (B) use commercially available calibration testing \n equipment as a control.\n (3) Elements.--In conducting the study, the laboratory \n shall, to the maximum extent practicable and consistent with \n recognized protocols for independent scientific testing--\n (A) dismantle and evaluate one or more backscatter \n x-ray machine used at airline checkpoints operated by \n the Transportation Security Administration in order to \n determine--\n (i) the placement of testing equipment so \n that radiation emission readings during the \n testing of such machines are as accurate as \n possible; and\n (ii) how best to measure the dose emitted \n per scan;\n (B) determine the failure rates and effects of use \n of such machines;\n (C) include the use of alternative testing methods \n in the determination of levels of radiation exposure \n (such as an examination of enzyme levels after x-ray \n exposure to determine if there is a biological response \n to cellular damage caused by such an exposure);\n (D) assess the fail-safe mechanisms of such \n machines in order to determine the optimal operating \n efficacy of such machines;\n (E) ensure that any tests performed are replicable;\n (F) obtain peer review of any tests performed; and\n (G) meet such other requirements as the Under \n Secretary shall specify for purposes of the study.\n (4) Report.--\n (A) Evaluation.--The Under Secretary shall provide \n for an independent panel, in consultation with the \n National Science Foundation, with expertise in \n conducting similar evaluations, to evaluate the data \n collected under the study to assess the health risks \n posed by backscatter x-ray machines to individuals and \n groups of people screened or affected by such machines, \n including--\n (i) frequent air travelers;\n (ii) employees of the Transportation \n Security Administration;\n (iii) flight crews;\n (iv) other individuals who work at an \n airport; and\n (v) individuals with greater sensitivity to \n radiation, such as children, pregnant women, \n the elderly, and cancer patients.\n (B) Considerations.--In conducting the evaluation \n under subparagraph (A), the panel shall--\n (i) conduct a literature review of relevant \n clinical and academic literature; and\n (ii) consider the risk of backscatter x-ray \n technology from a public health perspective in \n addition to the individual risk to each airline \n passenger.\n (C) Reports.--\n (i) Progress reports.--Not later than 90 \n days after the date of the enactment of this \n Act, and periodically thereafter until the \n final report is submitted pursuant to clause \n (ii), the Under Secretary shall submit a report \n to Congress that contains the preliminary \n findings of the study conducted under this \n subsection.\n (ii) Final report.--Not later than 90 days \n after the date on which the panel completes the \n evaluation required under this paragraph, the \n Under Secretary shall submit a report to \n Congress that contains the result of the study \n and evaluation conducted under this subsection.\n\nSEC. 2. SIGNAGE REQUIREMENT RELATING TO BACKSCATTER X-RAY MACHINES.\n\n The Administrator of the Transportation Security Administration \nshall ensure that large, easily readable signs or equivalent electronic \ndisplays are placed at the front of airline passenger check point \nqueues where backscatter advanced imaging technology machines are used \nfor screening to inform airline passengers, particularly passengers who \nmay be sensitive to radiation exposure, that they may request to \nundergo alternative screening procedures instead of passing through a \nbackscatter x-ray machine.","summary":"Directs the Under Secretary for Science and Technology in the Department of Homeland Security (DHS) to arrange for an independent study of the effects on human health caused by the use of backscatter x-ray machines at airline checkpoints operated by the Transportation Security Administration (TSA). Directs the TSA Administrator to ensure that large, readable signs or equivalent electronic displays are placed at the front of airline passenger check points where backscatter advanced imaging technology machines are used for screening to inform airline passengers that they may request undergoing alternative screening procedures.","title":"A bill to require the Under Secretary for Science and Technology in the Department of Homeland Security to contract with an independent laboratory to study the health effects of backscatter x-ray machines used at airline checkpoints operated by the Transportation Security Administration and provide improved notice to airline passengers.","text_len":6306,"sum_len":632} {"bill_id":"113_hr3526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Humanitarian Assistance Facilitation \nAct of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The 2011-2012 drought in East Africa, part of a \n persistent weather trend in the region, was exacerbated by \n stagnating agricultural development and unsustainable forms of \n livelihood. Moreover, in Somalia, the hardest hit country in \n the region, the terrorist group al-Shabaab obstructed the \n delivery of humanitarian assistance and directly threatened aid \n agencies. Thus, the famine was a foreseeable and, with \n unimpeded delivery of aid, a preventable event.\n (2) It is estimated that 4 million Somalis were affected by \n the drought and famine in the region and several million remain \n vulnerable to this day. According to the May 2013 report issued \n by the United Nations Food and Agriculture Organization and the \n Famine Early Warning System Network, the Somalia famine \n resulted in 258,000 deaths between October 2010 and April 2012. \n More than half of those deaths were children under the age of \n five.\n (3) Because of laws prohibiting activities that may \n directly or indirectly support terrorist organizations, a \n general or specific license issued by the Department of the \n Treasury's Office of Foreign Assets Control (OFAC) is needed to \n enable United States humanitarian organizations to legally \n provide assistance in al-Shabaab-controlled areas of Somalia \n particularly with respect to activities that require \n interactions or dealings with al-Shabaab.\n (4) The United States Agency for International Development \n (USAID) has an OFAC-specific license to operate in these \n conditions in Somalia that covers the organizations that USAID \n funds, but not organizations that operate with their own \n funding or funding solely from non-United States Government \n sources, and also not the non-United States Government funding \n of organizations that operate with both United States \n Government and non-United States Government funding, unless \n USAID authorizes both types of funding to be covered under such \n OFAC-specific license. Organizations that operate in al-\n Shabaab-controlled areas without such a license can be subject \n to prosecution for violating United States law, at least with \n respect to activities or transactions that involve al-Shabaab, \n even incidentally.\n (5) Prior to OFAC issuing USAID its license, no licenses \n for humanitarian assistance to the people of Somalia were \n issued before the United Nations declared a famine in al-\n Shabaab-controlled areas of Somalia.\n (6) In pursuit of eliminating aid in any form to terrorist \n organizations, Executive orders have had the effect of undoing \n protections for humanitarian operations in areas controlled by \n such organizations previously contained in the International \n Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and \n sections 2339A and 2339B of title 18, United States Code \n (commonly known as the ``Material Support Statutes''). \n Furthermore, the prohibitions contained in such Executive \n orders and the Material Support Statutes discouraged and, in \n some instances, prohibited donors from contributing to aid \n efforts for all of Somalia. In some cases, the unintended \n consequences included preventing humanitarian organizations \n from establishing access to civilians and providing them with \n life-saving aid, while empowering terrorist organizations that \n became the sole conduit of aid.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that humanitarian organizations, acting \nin good faith and with the appropriate restrictions and controls in \nplace, should not be prevented, directly or indirectly by Executive \norders or counterterrorism laws, from accessing and providing aid to \ncivilian populations before or early on in humanitarian crises, such as \nin the famine in al-Shabaab-controlled areas of Somalia.\n\nSEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY \n ECONOMIC POWERS ACT.\n\n (a) Additional Exception.--\n (1) In general.--Section 203 of the International Emergency \n Economic Powers Act (50 U.S.C. 1702) is amended--\n (A) in subsection (b)(2)--\n (i) by inserting after ``to relieve human \n suffering'' the following: ``including \n donations to foreign persons subject to \n sanctions under this Act in order to achieve \n such purposes,''; and\n (ii) by striking ``or'' at the end;\n (B) by redesignating subsection (c) as subsection \n (d); and\n (C) by inserting after subsection (b) the \n following:\n ``(c) Additional Exception.--\n ``(1) In general.--The authority granted to the President \n by this section does not include the authority to further \n restrict, by regulation or otherwise, directly or indirectly--\n ``(A) transactions, by a person subject to the \n jurisdiction of the United States, with a foreign \n person that is subject to sanctions under this Act that \n are customary, necessary, and incidental to the \n donation or provision of goods or services by the \n person subject to the jurisdiction of the United States \n or its foreign representatives to civilian populations \n to prevent or alleviate the suffering of such civilian \n populations, if--\n ``(i) the person subject to the \n jurisdiction of the United States has acted in \n good faith without intent to further the aims \n or objectives of the foreign person and has \n used its best efforts to minimize any such \n transactions;\n ``(ii) the goods or services provided to \n the civilian population--\n ``(I) are limited to articles such \n as food, clothing, and medicine; and\n ``(II) are not capable of being \n used to carry out any terrorist \n activity (as defined in section \n 212(a)(3)(B)(iii) of the Immigration \n and Nationality Act (8 U.S.C. \n 1182(a)(3)(B)(iii)));\n ``(iii) the person subject to the \n jurisdiction of the United States--\n ``(I) prior to, or not later than \n 10 business days after, the first \n instance of entering into any \n transaction described in this \n subparagraph, provides to the Secretary \n of State initial notice summarizing the \n nature and extent of its operations in \n connection with providing such goods or \n services; and\n ``(II) at least once each year \n during which the person enters into any \n transaction described in this \n subparagraph, provides to the Secretary \n of State subsequent notice summarizing \n the nature and extent of its operations \n in connection with donating or \n providing such goods or services; and\n ``(iv) the person, including any director, \n officer, or employee of the person, is not the \n subject of or directly named in any publicly-\n available debarment, suspension, or Executive \n order that prohibits receipt of funding from \n the United States Government; and\n ``(B) engaging in any speech or communication with \n a foreign person that is subject to sanctions under \n this Act to prevent or alleviate the suffering of a \n civilian population, including speech or communication \n to reduce or eliminate the frequency and severity of \n violent conflict and reducing its impact on the \n civilian population.\n ``(2) Rule of construction.--Nothing contained in paragraph \n (1) shall be construed to authorize the President to prohibit \n the export of standard, commercially-available goods or \n services, including communications equipment, software and \n computers, that are necessary to carry out operations related \n to the provision of goods or services to prevent or alleviate \n the suffering of civilian populations that are under the \n control of a foreign person subject to sanctions under this \n Act.''.\n (2) Effective date.--The amendments made by paragraph (1) \n take effect on the date of enactment of this Act and apply with \n respect to transactions described in section 203(c)(1) of the \n International Emergency Economic Powers Act, as added by \n paragraph (1), entered into on or after such date of enactment.\n (b) Advisory Council To Prevent and Alleviate Human Suffering in \nAreas Under the Control of Certain Sanctioned Foreign Persons.--Section \n203 of the International Emergency Economic Powers Act (50 U.S.C.1702), \nas amended by subsection (a) of this section, is further amended by \nadding at the end the following:\n ``(e) Advisory Council To Prevent and Respond to Human Suffering in \nAreas Affected by Certain Sanctioned Foreign Persons.--\n ``(1) Establishment.--No later than 90 days after the date \n of enactment of the Humanitarian Assistance Facilitation Act of \n 2013, the Secretary of State shall, in consultation with the \n Attorney General, Secretary of Defense, Secretary of the \n Treasury and the Secretary of Commerce, establish an Advisory \n Council on United States Policy Related to Non-Governmental \n Activities to Prevent and Respond to Human Suffering in Areas \n Affected By Certain Sanctioned Foreign Persons (hereafter in \n this subsection referred to as the `Advisory Council').\n ``(2) Membership.--The Advisory Council shall be composed \n of not less than 15 members appointed by the Secretary of State \n from among individuals who are experts in the fields of peace-\n building, humanitarian aid in areas of armed conflict, \n representatives from organizations directly involved in the \n delivery of aid in areas of armed conflict, and other experts \n with relevant expertise as determined by the Secretary of \n State.\n ``(3) Duties.--The Advisory Council shall--\n ``(A) review existing laws, regulations, Executive \n orders, and administrative actions regulating or \n prohibiting, directly or indirectly, peacebuilding \n activities and the provision of humanitarian aid and \n development assistance in areas under the control of \n foreign persons that are subject to sanctions under \n United States law;\n ``(B) conduct additional research and study as \n necessary on the subjects of counter-terrorism and \n security measures in relation to the delivery of \n humanitarian aid and development assistance;\n ``(C) report to the Secretary of State on its \n findings; and\n ``(D) make recommendations to the Secretary of \n State and other officials described in paragraph (1) \n (as appropriate) on the most efficient and effective \n means of limiting diversion of humanitarian aid and \n development assistance while also preserving the \n impartiality of humanitarian aid and development \n assistance and the ability of humanitarian \n organizations to prevent and relieve human suffering of \n civilian populations.\n ``(4) Termination.--Section 14(a)(2) of the Federal \n Advisory Committee Act (5 U.S.C. App.) (relating to termination \n of advisory committees) shall not apply to the Advisory \n Council.''.\n\nSEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE.\n\n (a) Definition of Material Support or Resources.--Section \n2339B(g)(4) of title 18, United States Code, is amended by adding at \nthe end before the semicolon the following: ``, except that such term \ndoes not include engaging in speech or communication with a terrorist \norganization to prevent or alleviate the suffering of a civilian \npopulation, including speech or communication to reduce or eliminate \nthe frequency and severity of violent conflict and reducing its impact \non the civilian population''.\n (b) Additional Exception.--Section 2339B(j) of title 18, United \nStates Code, is amended--\n (1) by striking ``No person'' and inserting the following:\n ``(1) In general.--No person''; and\n (2) by adding at the end the following:\n ``(2) Additional exception.--No person may be prosecuted \n under this section in connection with knowingly providing \n `material support or resources' to a foreign terrorist \n organization, or attempting or conspiring to do so, if--\n ``(A) the material support or resources consists \n only of transactions that are customary, necessary, and \n incidental to the donation or provision of goods or \n services by persons who are not controlled by the \n foreign terrorist organization to civilian populations, \n if--\n ``(i) the goods or services are limited \n articles such as food, clothing, and medicine \n intended to be used to relieve human suffering; \n and\n ``(ii) the goods or services are not \n capable of being used to carry out any \n terrorist activity (as defined in section \n 212(a)(3)(B)(iii) of the Immigration and \n Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)));\n ``(B) the person, in donating or providing such \n goods or services to the civilian population, acts in \n good faith without intent to further the aims or \n objectives of the foreign terrorist organization and \n uses its best efforts to minimize any transaction with \n a foreign terrorist organization;\n ``(C) the person--\n ``(i) prior to, or not later than 10 \n business days after, the first instance of \n entering into any transaction described in \n subparagraph (A), provides to the Secretary of \n State notice summarizing the nature and extent \n of its operations in connection with providing \n such goods or services; and\n ``(ii) at least once each year during which \n the person enters into any transaction \n described in subparagraph (A), provides to the \n Secretary of State notice summarizing the \n nature and extent of its operations in \n connection with providing such goods or \n services; and\n ``(D) the person donating or providing such goods \n or services, including any director, officer, or \n employee of the person is not the subject of or \n directly named in any publicly-available debarment, \n suspension, or Executive order that prohibits receipt \n of funding from the Federal Government.''.\n (3) Effective date.--The amendments made by paragraphs (1) \n and (2) take effect on the date of enactment of this Act and \n apply with respect to transactions described in section \n 2339B(j)(2) of title 18, United States Code, as added by \n paragraph (2), entered into on or after such date of enactment.","summary":"Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to US jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of quot, material support or resourcesquot. Engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population.","title":"Humanitarian Assistance Facilitation Act of 2013","text_len":17577,"sum_len":1343} {"bill_id":"114_hr5702","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Readiness through Early \nPell Act of 2016'' or the ``PREP Act of 2016''.\n\nSEC. 2. FEDERAL PELL GRANTS FOR STUDENTS DUALLY OR CONCURRENTLY \n ENROLLED AT AN ELIGIBLE INSTITUTION THAT IS A PUBLIC \n INSTITUTION OF HIGHER EDUCATION AND A SECONDARY SCHOOL.\n\n (a) Amount and Determinations of Federal Pell Grants.--Section 401 \nof the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended--\n (1) in subsection (a), by inserting ``or is dually or \n concurrently enrolled at an eligible institution that is a \n public institution of higher education and a secondary \n school,'' after ``undergraduate,''; and\n (2) in subsection (c)--\n (A) in paragraph (1), by inserting ``, or the \n period in which the student is dually or concurrently \n enrolled at an eligible institution that is a public \n institution of higher education and a secondary \n school,'' after ``at which the student is in \n attendance''; and\n (B) in paragraph (4)--\n (i) by amending subparagraph (A) to read as \n follows:\n ``(A) is--\n ``(i) carrying at least one-half the normal full-\n time work load for the course of study the student is \n pursuing, as determined by the institution of higher \n education; and\n ``(ii) enrolled or accepted for enrollment in a \n postbaccalaureate program that does not lead to a \n graduate degree and courses required by a State in \n order for the student to receive a professional \n certification or licensing credential that is required \n for employment as a teacher in an elementary school or \n secondary school in that State; or'';\n (ii) by amending subparagraph (B) to read \n as follows:\n ``(B) demonstrates evidence of a credible disruption or \n redirection in course of study necessitating additional time to \n complete--\n ``(i) a postsecondary degree; or\n ``(ii) a recognized postsecondary credential, as \n the term is defined in section 3 of the Workforce \n Innovation and Opportunity Act (29 U.S.C. 3102),''; and\n (iii) in the undesignated matter at the \n end, by striking ``except that this paragraph'' \n and inserting ``except that subparagraph (A)''.\n (b) Student Eligibility.--Section 484 of the Higher Education Act \nof 1965 (20 U.S.C. 1091) is amended--\n (1) in subsection (a)(1), by inserting ``, except as \n provided in subsection (d)(2)'' after ``secondary school''; and\n (2) in subsection (d)--\n (A) by redesignating paragraph (2) as paragraph \n (3); and\n (B) by inserting after paragraph (1) the following \n new paragraph:\n ``(2) Student eligibility for federal pell grants.--In \n order for a student who does not have a certificate of \n graduation from a school providing secondary education, or the \n recognized equivalent of such certificate, and who does not \n meet one of the requirements under paragraph (1), to be \n eligible for assistance under subpart 1 of part A of this \n title, the student shall be dually or concurrently enrolled at \n an eligible institution that is a public institution of higher \n education and a secondary school.''.\n\nSEC. 3. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS.\n\n (a) In General.--Subpart 2 of part F of title VIII of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) \nis amended by adding at the end the following new section:\n\n``SEC. 8549D. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT \n PROGRAMS.\n\n ``As a condition of receiving funds under this Act, with respect to \na State educational agency or local educational agency offering a dual \nor concurrent enrollment program in partnership with an institution of \nhigher education and in which a student is receiving a Federal Pell \nGrant under subpart 1 of part A of title IV of the Higher Education Act \nof 1965 (20 U.S.C. 1070a et seq.) to enroll in such institution as a \nparticipant in such program, such agency may not reduce the funds that, \nin the absence of such Federal Pell Grant, would otherwise be made \navailable from State or local sources for such program.''.\n (b) Technical Amendment.--The table of contents of the Elementary \nand Secondary Education Act of 1965 is amended by inserting after the \nitem relating to section 8549C the following new item:\n\n``Sec. 8549D. Non-Federal funds for dual or concurrent enrollment \n programs.''.\n\nSEC. 4. REGULATIONS.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Education shall prescribe \nregulations requiring that a secondary school offering a dual or \nconcurrent enrollment program shall--\n (1) consult with teachers and school administrators, \n including secondary school career and guidance counseling \n staff, to ensure that the enrollment of a student in such \n program is a component of a personalized learning plan for the \n student that is based on the academic and career goals of the \n student;\n (2) provide information to teachers, school administrators, \n faculty and staff of the post-secondary institution, students, \n and the families of such students regarding the standards of \n the post-secondary institution and the effect that enrollment \n in such program will have on the eligibility of a student for \n Federal financial aid; and\n (3) submit an annual report to the Secretary that includes \n the following:\n (A) The total number and percentage of students who \n enroll in and subsequently complete courses of study at \n a public institution of higher education through the \n dual or concurrent enrollment program.\n (B) The number of postsecondary credits earned by \n students while enrolled in the dual or concurrent \n enrollment program that may be applied toward a \n postsecondary degree or a recognized postsecondary \n credential.\n (C) The percentage of students who enroll in an \n institution of higher education after graduation from \n the secondary school.\n (D) The percentage of students who concurrently \n earn a secondary school diploma and an associate \n degree.\n (E) The percentage of students who concurrently \n earn a secondary school diploma and a recognized \n postsecondary credential.\n (b) Definitions.--In this section:\n (1) ESEA terms.--The terms ``dual or concurrent enrollment \n program'' and ``secondary school'' have the meanings given \n those terms, respectively, in section 8101 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7801).\n (2) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given such \n term in section 101 of the Higher Education Act of 1965 (20 \n U.S.C. 1001).\n (3) Recognized postsecondary credential.--The term \n ``recognized postsecondary credential'' has the meaning given \n such term in section 3 of the Workforce Innovation and \n Opportunity Act (29 U.S.C. 3102).","summary":"Promoting Readiness through Early Pell Act of 2016 or the PREP Act of 2016 This bill amends the Higher Education Act of 1965 by allowing a Federal Pell Grant to be awarded to a student who is dually or concurrently enrolled at a public institution of higher education and a secondary school.","title":"PREP Act of 2016","text_len":8100,"sum_len":291} {"bill_id":"109_hr5166","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Pharmacy Protection Act \nof 2006''.\n\nSEC. 2. IMPROVING MEDICARE PRESCRIPTION DRUG PLAN PAYMENTS TO \n PHARMACIES.\n\n (a) In General.--Section 1860D-12(b) of the Social Security Act (42 \nU.S.C. 1395w-112(b)) is amended by adding at the end the following new \nparagraph:\n ``(4) Payments to pharmacies.--\n ``(A) In general.--Each contract entered into with \n a PDP sponsor under this section with respect to a \n prescription drug plan offered by such sponsor shall \n provide for the following:\n ``(i) Availability of direct deposit \n payments.--The option for any participating \n pharmacy to elect for the plan to make payments \n by direct deposits to the pharmacy for covered \n part D drugs dispensed through the pharmacy.\n ``(ii) Increased dispensing fee for generic \n drugs.--The payment of dispensing fees by the \n plan to each participating pharmacy for covered \n part D drugs dispensed through the \n participating pharmacy, in accordance with \n subparagraph (B).\n ``(iii) Payments within 10 days for certain \n pharmacies.--In the case of a participating \n pharmacy that is not part of a chain of \n pharmacies that consists of more than three \n pharmacies at different locations, payment with \n respect to any non-disputed claim (as defined \n in subparagraph (C)) for a covered part D drug \n dispensed through the pharmacy to be made by \n the plan to the pharmacy in full by a date that \n is not more than 10 days after the date on \n which the claim is received by the plan.\n ``(B) Payment of dispensing fees to encourage use \n of generic drugs.--\n ``(i) In general.--For purposes of \n subparagraph (A)(ii) and subject to clauses \n (ii) and (iii), with respect to a generic \n covered part D drug that is therapeutically \n equivalent and bioequivalent to a brand name \n drug that is a covered part D drug dispensed \n through a participating pharmacy, the amount of \n the dispensing fee paid to the pharmacy for the \n generic covered part D drug shall be an amount \n that is at least 50 percent greater than the \n amount of the dispensing fee for the brand name \n drug.\n ``(ii) Cap on amount of dispensing fees for \n generic drugs.--For purposes of subclause (i), \n the amount of the dispensing fee paid to a \n participating pharmacy for a generic covered \n part D drug shall not be more than $10.\n ``(iii) Safe harbor for brand name drug \n dispensing fee amounts.--\n ``(I) In general.--For purposes of \n clause (i) and subject to subclause \n (II), a prescription drug plan under \n this section shall not decrease the \n amount of the dispensing fee paid by \n the plan to a participating pharmacy \n for a brand name drug described in such \n clause to an amount that is less than \n the amount of the dispensing fee paid \n by such plan to such pharmacy for such \n drug on the date of the enactment of \n the `Independent Pharmacy Protection \n Act of 2006'.\n ``(II) Exception.--The Secretary \n may waive the prohibition under \n subclause (I) with respect to a \n dispensing fee paid by a prescription \n drug plan for a brand name drug, as the \n Secretary determines appropriate.\n ``(C) Non-disputed claim defined.--For purposes of \n subparagraph (A)(iii), a `non-disputed claim' means a \n claim that has no defect or impropriety or particular \n circumstance requiring special treatment that prevents \n timely payment from being made under this part.''.\n (b) Application to MA-PD Plans.--Section 1857(e) of such Act (42 \nU.S.C. 1395w-27(e)) is amended by adding at the end the following new \nparagraph:\n ``(4) Incorporation of prescription drug plan contract \n requirements for pharmacy payments.--The provisions of section \n 1860D-12(b)(4) shall apply to contracts with a Medicare \n Advantage organization in the same manner as they apply to \n contracts with a PDP sponsor offering a prescription drug plan \n under part D.''.\n (c) Effective Date.--The amendments made by this Act shall apply to \nplan years beginning on or after the date of the enactment of this Act.","summary":"Independent Pharmacy Protection Act of 2006 - Amends part D of title XVIII (Medicare) of the Social Security Act to require each prescription drug plan contract entered into with a plan sponsor to provide for: (1) the availability of direct deposit payments, (2) an increased dispensing fee for generic drugs. And (3) payments within 10 days for certain pharmacies. Requires the dispensing fee paid to a participating pharmacy for a generic covered part D drug therapeutically equivalent and bioequivalent to a brand name covered part D drug dispensed through the pharmacy to be at least 50 greater than the dispensing fee for the brand name drug. Limits to $10 the dispensing fee paid to a participating pharmacy for a generic covered part D drug. Prohibits a prescription drug plan, subject to exception by the Secretary of Health and Human Services, from decreasing the dispensing fee paid to a participating pharmacy for a brand name drug to an amount less than the dispensing fee paid for it on the date of enactment of this Act. Applies this Act to contracts with a Medicare Advantage organization in the same manner as they apply to those with a prescription drug plan sponsor.","title":"To amend title XVIII of the Social Security Act to improve payments made by prescription drug plans and MA-PD plans to pharmacies for covered part D drugs dispensed through such pharmacies.","text_len":5851,"sum_len":1184} {"bill_id":"105_s1118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Recreation and \nConservation Endowment Act of 1997''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Congress finds that:\n (1) The Land and Water Conservation Fund Act of 1965 \n enbodied a visionary concept--that a portion of the proceeds \n from Outer Continental Shelf mineral leasing revenues and the \n depletion of a nonrenewable natural resource should result in a \n legacy of public places accessible for public recreation and \n benefit from resources belongings to all people, of all \n generations, and the enhancement of the most precious and most \n renewable natural resource of any nation, healthy and active \n citizens.\n (2) The States and local governments were to occupy a \n pivotal role in accomplishing the purposes of the Land and \n Water Conservation Fund Act of 1965 and the Act originally \n provided an equitable portion of funds to the States, and \n through them, to local governments.\n (3) However, because of competition for limited federal \n monies and the need for an annual appropriation, this original \n intention has been abandoned and, in recent years, the States \n have not received an equitable proportion of funds.\n (4) Nonetheless, with population growth and urban sprawl, \n the demand for recreation areas and open spaces, at the state \n and local level, remains a high priority for our citizens.\n (5) A new vision is called for--a vision that encompasses a \n multi-level national network of parks, recreation areas, open \n space preserves and greenways that reaches across the country \n to touch all communities. National parks are not enough; the \n federal government alone cannot accomplish this. A bold \n national vision, backed by realistic national funding support, \n to stimulate state, local and private sector, as well as \n federal efforts, is the only way to effectively address our \n ongoing recreation and open space conservation needs.\n (6) On June 19, 1997, the United States Supreme Court held \n in United States v. Alaska (No. 84 original) that the United \n States retains title to lands underlying the tidal waters off \n the State of Alaska's North Slope.\n (7) As a result of the Supreme Court decision, \n approximately $1,600,000,000 in escrowed oil and gas lease sale \n revenues are to be received by the United States. These funds \n are double the amount included by the Congressional Budget \n Office in revenue estimates for the concurrent resolution on \n the budget.\n (8) By placing these escrowed funds in an interest bearing \n account a permanent source of monies for state and local \n recreation and conservation acquisition, planning and \n development can be established.\n (b) Purpose.--The purpose of this Act is to revitalize state, local \nand private commitments envisioned in the Land and Water Conservation \nFund Act of 1965 by creating a new Community Recreation and \nConservation Endowment with the escrowed oil and gas lease sale \nrevenues received by the United States pursuant to the Supreme Court \ndecision in United States v. Alaska to provide funding for state, local \nand urban recreation and conservation needs.\n\nSEC 3. COMMUNITY RECREATION AND CONSERVATION ENDOWMENT.\n\n Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C. \n460l-8) is amended by inserting the following new subsection at the \nbeginning:\n ``(a) Community Recreation and Conservation Endowment.--\n ``(1) Special account.--Notwithstanding any other provision \n of law, all escrowed oil and gas revenues and interest received \n by the United States pursuant to the June 19, 1997 Supreme \n Court decision in United States v. Alaska shall be deposited in \n a special account in the Treasury of the United States, to be \n known as the `Community Recreation and Conservation Endowment \n Account', for use pursuant to the provisions of this section.\n ``(2) Investment of special account.--All funds deposited \n as principal in the Community Recreation and Conservation \n Endowment Account shall earn interest in the amount determined \nby the Secretary of the Treasury. Such interest shall be added to the \nprincipal of the account and be expended according to the provisions of \nthis section.\n ``(3) Expenditure of special account.--Interest on the \n Community Recreation and Conservation Endowment Account shall \n be available without further appropriation at the beginning of \n each fiscal year for expenditure by the Secretary of the \n Interior (hereinafter referred to as the `Secretary') for \n purposes of providing monies to the states according to the \n provisions of this section.''.\n\nSEC. 4. GENERAL AUTHORITY.\n\n Section 6 of the Land and Water Conservation Fund Act of 1965 (16 \nU.S.C. 460l-8) is amended--\n (1) by redesignating subsections (a) through (h) as \n subsections (b) through (i) respectively;\n (2) by striking the first sentence of subsection (b) (as so \n redesignated) and replacing with ``The Secretary is authorized \n to provide financial assistance to the States from interest \n earned on the Community Recreation and Conservation \n Endowment.''; and\n (3) by adding the following new sentence at the end of \n subsection (b) (as so redesignated): ``Absent some compelling \n and annually documented reason to the contrary acceptable to \n the Secretary, each State (other than an area treated as a \n State under section 6(c)(6)) shall make available as grants to \n local governments and other qualified recipients, at least one-\n half of the average annual State apportionment, or an \n equivalent amount made available from other sources.''.\n\nSEC. 5. APPORTIONMENT.\n\n Section 6(c) of the Land and Water Conservation Fund (16 U.S.C. \n460l-8(c)) (as so redesignated) is amended--\n (1) by striking the first sentence of subsection (c) and \n paragraphs (1), (2), and (3) and inserting the following:\n ``(c) Apportionment Among States; Notification.--Interest earned on \nthe Community Recreation and Conservation Endowment shall be \napportioned annually among the several States by the Secretary, whose \ndetermination shall be final, in accordance with the following formula:\n ``(1) Sixty percent shall be apportioned equally among the \n several States.\n ``(2) Twenty percent shall be apportioned on the basis of \n the proportion which the population of each State bears to the \n total population of the United States.\n ``(3) Twenty percent shall be apportioned on the basis of \n the urban population in each State (as defined by Metropolitan \n Statistical Areas).\n ``(4) The total allocation to an individual State under \n paragraphs (1) through (3) shall not exceed 10 percent of the \n total amount allocated to the several States in any one \n year.''; and\n (2) by redesignating paragraphs (4) and (5) of subsection \n (c) (as so redesignated) as paragraphs (5) and (6) \n respectively.\n\nSEC. 6. FUNDS FOR INDIAN TRIBES.\n\n Section 6(c)(6) of the Land and Water Conservation Fund Act of 1965 \n(16 U.S.C. 460l-8(c)(6)) (as so redesignated) is amended--\n (1) by inserting ``(A)'' after ``(6)''; and\n (2) by adding at the end the following new subparagraph:\n ``(B) For the purposes of paragraph (1), all federally \n recognized Indian tribes and Alaska Native Village Corporations \n (as defined in section 3(j) of the Alaska Native Claims \n Settlement Act (43 U.S.C. 1602(j)) shall be treated \n collectively as one State, and shall receive shares of the \n apportionment under paragraph (1) in accordance with a \n competitive grant program established by the Secretary by rule. \n Such rule shall ensure that in each fiscal year no single tribe \n or Village Corporation receives more than 10 percent of the \n total amount made available to all tribes and Village \n Corporations pursuant to the apportionment under paragraph (1). \n Funds received by an Indian tribe or Village Corporation under \n this subparagraph may be expended only for the purposes \n specified in paragraphs (1) and (3) of subsection (b). Receipt \n in any given year of an apportionment under this section shall \n not prevent an Indian tribe or Village Corporation from \n receiving grants for other purposes under than regular \n apportionment of the State in which it is located.''.\n\nSEC. 7. CONFORMING AMENDMENTS.\n\n Section 5 of the Land and Water Conservation Act of 1965 (16 U.S.C. \n460l-7) is amended by striking ``Not less than 40 per centum of such \nappropriations shall be available for Federal purposes.''.","summary":"Community Recreation and Conservation Endowment Act of 1997 - Amends the Land and Water Conservation Fund Act of 1965 to require all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997, Supreme Court decision in United States v. Alaska to be deposited in a special Treasury account known as the Community Recreation and Conservation Endowment Account. Authorizes financial assistance to States from interest earned on the Account. Requires States to make at least one-half of the average annual apportionment of assistance available to local governments and other qualified recipients. Provides for annual apportionment of such interest among the States and revises the existing apportionment formula. Treats Indian tribes and Alaska Native village corporations collectively as one State for assistance purposes and apportions interest in accordance with a competitive grant program, such that no tribe or corporation receives more than ten percent of the total amount made available to all tribes and corporations. Permits such funds to be expended only for outdoor recreation planning or development. Provides that receipt of such funds shall not prevent a tribe or corporation from receiving grants for other purposes under the regular apportionment of the State in which it is located. Removes a requirement that at least 40 percent of appropriations from the Land and Water Conservation Fund be available for Federal purposes.","title":"Community Recreation and Conservation Endowment Act of 1997","text_len":9311,"sum_len":1482} {"bill_id":"104_hr2083","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Reduction and Economic Growth \nAct of 1995''.\n\nSEC. 2. TAX REDUCTION IN THE EVENT OF LOW GROWTH.\n\n (a) Low-Growth Report.--\n (1) In general.--At any time, the Director of the Office of \n Management and Budget (hereafter in this section referred to as \n the ``Director'') shall notify the President and the Congress \n if the Director has determined that for any of the periods \n described in paragraph (2)--\n (A) economic growth as measured by the change in \n real Gross Domestic Product (GDP) at an annual rate is \n estimated to be less than 1.5 percent, and\n (B) the rate of national unemployment (seasonally \n adjusted) is estimated to be greater than 6.5 percent.\n (2) Testing periods.--For purposes of paragraph (1), the \n periods described in this paragraph are--\n (A) the period consisting of the quarter during \n which the notification is given and the quarter \n preceding such notification,\n (B) the period consisting of the preceding 4 \n quarters, and\n (C) the period consisting of the 2 quarters \n following such notification.\n (b) Presidential Authorization of Temporary Tax Reductions.--\n (1) Presidential declaration.--After notification under \n subsection (a), the President may issue a declaration that \n temporary income tax reductions are required for a specified \n calendar year to provide a quick and necessary fiscal stimulus \n to the economy. Any such declaration shall be transmitted to \n the Congress.\n (2) Temporary tax modifications.--If the President \n transmits a declaration under paragraph (1) to the Congress--\n (A) Temporary tax reductions.--\n (i) In general.--Effective for taxable \n years beginning in the calendar year specified \n in such declaration--\n (I) the rates applicable to the \n first income bracket in the tax tables \n contained in section 1 of the Internal \n Revenue Code of 1986 shall be reduced \n by a percentage (not to exceed 3 \n percent) specified in such declaration, \n and\n (II) the amounts set fourth as tax \n in such tables shall be adjusted to \n reflect such rate reduction.\n (ii) Withholding adjustments.--The \n withholding tables or procedures prescribed by \n the Secretary of the Treasury or his delegate \n under section 3402(a) of such\n Code shall be modified so that, to the maximum \nextent possible, the full calendar year effect of such reduction is \nreflected through withholding reductions during the portion of the \ncalendar year after such declaration.\n (B) Temporary surtax where economic growth \n requirements subsequently satisfied.--\n (i) In general.--Effective for taxable \n years beginning in the first subsequent \n calendar year for which the economic growth \n requirements of paragraph (3) are satisfied--\n (I) each rate of tax in the tax \n tables contained in section 1 of the \n Internal Revenue Code of 1986 shall be \n increased by the percentage determined \n under paragraph (4) for such year, \n except the tax rate for individuals \n with Adjusted Gross Income of less than \n $50,000 and taxpayers filing jointly \n with Adjusted Gross Income of less than \n $75,000 shall not exceed the rates \n established in the year prior to the \n temporary tax reduction, and\n (II) the amounts set forth as tax \n in such tables shall be adjusted to \n reflect such rate increases.\n (ii) Withholding adjustments.--Effective \n for such subsequent calendar year, the \n withholding tables or procedures prescribed by \n the Secretary of the Treasury or his delegate \n under section 3402(a) of such Code shall be \n modified to reflect the increase in tax rates \n under clause (i).\n (3) Economic growth requirements.--The economic growth \n requirements of this paragraph are satisfied for any calendar \n year if, before the beginning of such calendar year, the \n President determines (and publishes such determination in the \n Federal Register) that for such calendar year and the \n immediately preceding calendar year--\n (A) economic growth as measured by the change in \n the real Gross Domestic Product (GDP) is estimated to \n be greater than 4.5 percent, and\n (B) the rate of national unemployment (seasonally \n adjusted) is estimated to be less than 5.5 percent.\n (4) Rate increase percentage.--The percentage determined \n under this paragraph is the percentage increase in the tax \n rates contained in section 1 of the Internal Revenue Code of \n 1986 which the President estimates will result in an aggregate \n increase in receipts under chapter 1 of such Code equal to the \n aggregate decrease in receipts under such Code by reason of \n subparagraph (A) of paragraph (2) without increasing the tax \n rate for individuals with Adjusted Gross Income of less than \n $50,000 and taxpayers filing jointly with Adjusted Gross Income \n of less than $75,000 above the rates established in the year \n prior to the temporary tax reduction. Such percentage shall be \n published in the Federal Register before the beginning of the \n calendar year for which the economic requirements of paragraph \n (2) are satisfied.\n\nSEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES.\n\n Any reduction or increase in receipts resulting from section 2 of \nthis Act shall not be considered for any purpose under the Balanced \nBudget and Emergency Deficit Control Act of 1985.","summary":"Tax Reduction and Economic Growth Act of 1995 - Authorizes the President to issue a declaration that a temporary reduction in the rates of the first income bracket no greater than 3 percent are required if the Director of the Office of Management and Budget finds that: (1) the annual rate of the Gross Domestic Product is less than 1.5 percent. And (2) the adjusted national unemployment rate is higher than 6.5 percent.","title":"Tax Reduction and Economic Growth Act of 1995","text_len":7127,"sum_len":421} {"bill_id":"109_s1713","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Nonproliferation Amendments Act \nof 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Director of Central Intelligence's most recent \n Unclassified Report to Congress on the Acquisition of Technology \n Relating to Weapons of Mass Destruction and Advanced Conventional \n Munitions, 1 July Through 31 December 2003, states ``Russian \n entities during the reporting period continued to supply a variety \n of ballistic missile-related goods and technical know-how to \n countries such as Iran, India, and China. Iran's earlier success in \n gaining technology and materials from Russian entities helped \n accelerate Iranian development of the Shahab-3 MRBM, and continuing \n Russian entity assistance has supported Iranian efforts to develop \n new missiles and increase Tehran's self-sufficiency in missile \n production.''\n (2) Vice Admiral Lowell E. Jacoby, the Director of the Defense \n Intelligence Agency, stated in testimony before the Select \n Committee on Intelligence of the Senate on February 16, 2005, that \n ``Tehran probably will have the ability to produce nuclear weapons \n early in the next decade''.\n (3) Iran has--\n (A) failed to act in accordance with the Agreement Between \n Iran and the International Atomic Energy Agency for the \n Application of Safeguards in Connection with the Treaty on the \n Non-Proliferation of Nuclear Weapons, done at Vienna June 19, \n 1973 (commonly referred to as the ``Safeguards Agreement'');\n (B) acted in a manner inconsistent with the Protocol \n Additional to the Agreement Between Iran and the International \n Atomic Energy Agency for the Application of Safeguards, signed \n at Vienna December 18, 2003 (commonly referred to as the \n ``Additional Protocol'');\n (C) acted in a manner inconsistent with its obligations \n under the Treaty on the Non-Proliferation of Nuclear Weapons, \n done at Washington, London, and Moscow July 1, 1968, and \n entered into force March 5, 1970 (commonly referred to as the \n ``Nuclear Non-Proliferation Treaty''); and\n (D) resumed uranium conversion activities, thus ending the \n confidence building measures it adopted in its November 2003 \n agreement with the foreign ministers of the United Kingdom, \n France, and Germany.\n (4) On September 24, 2005, the Board of Governors of the \n International Atomic Energy Agency (IAEA) formally declared that \n Iranian actions constituted noncompliance with its nuclear \n safeguards obligations, and that Iran's history of concealment of \n its nuclear activities has given rise to questions that are within \n the purview of the United Nations Security Council.\n (5) The executive branch has on multiple occasions used the \n authority provided under section 3 of the Iran Nonproliferation Act \n of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) to impose \n sanctions on entities that have engaged in activities in violation \n of restrictions in the Act relating to--\n (A) the export of equipment and technology controlled under \n multilateral export control lists, including under the \n Australia Group, Chemical Weapons Convention, Missile \n Technology Control Regime, Nuclear Suppliers Group, and the \n Wassenaar Arrangement or otherwise having the potential to make \n a material contribution to the development of weapons of mass \n destruction or cruise or ballistic missile systems to Iran; and\n (B) the export of other items to Iran with the potential of \n making a material contribution to Iran's weapons of mass \n destruction programs or on United States national control lists \n for reasons related to the proliferation of weapons of mass \n destruction or missiles.\n (6) The executive branch has never made a determination \n pursuant to section 6(b) of the Iran Nonproliferation Act of 2000 \n that--\n (A) it is the policy of the Government of the Russian \n Federation to oppose the proliferation to Iran of weapons of \n mass destruction and missile systems capable of delivering such \n weapons;\n (B) the Government of the Russian Federation (including the \n law enforcement, export promotion, export control, and \n intelligence agencies of such government) has demonstrated and \n continues to demonstrate a sustained commitment to seek out and \n prevent the transfer to Iran of goods, services, and technology \n that could make a material contribution to the development of \n nuclear, biological, or chemical weapons, or of ballistic or \n cruise missile systems; and\n (C) no entity under the jurisdiction or control of the \n Government of the Russian Federation, has, during the 1-year \n period prior to the date of the determination pursuant to \n section 6(b) of such Act, made transfers to Iran reportable \n under section 2(a) of the Act.\n (7) On June 29, 2005, President George W. Bush issued Executive \n Order 13382 blocking property of weapons of mass destruction \n proliferators and their supporters, and used the authority of such \n order against 4 Iranian entities, Aerospace Industries \n Organization, Shahid Hemmat Industrial Group, Shahid Bakeri \n Industrial Group, and the Atomic Energy Organization of Iran, that \n have engaged, or attempted to engage, in activities or transactions \n that have materially contributed to, or pose a risk of materially \n contributing to, the proliferation of weapons of mass destruction \n or their means of delivery (including missiles capable of \n delivering such weapons), including efforts to manufacture, \n acquire, possess, develop, transport, transfer, or use such items.\n\nSEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO \n INTERNATIONAL SPACE STATION PAYMENTS.\n\n (a) Treatment of Certain Payments.--Section 7(1)(B) of the Iran \nNonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) \nis amended--\n (1) by striking the period at the end and inserting a comma; \n and\n (2) by adding at the end the following:\n ``except that such term does not mean payments in cash or in kind \n made or to be made by the United States Government prior to January \n 1, 2012, for work to be performed or services to be rendered prior \n to that date necessary to meet United States obligations under the \n Agreement Concerning Cooperation on the Civil International Space \n Station, with annex, signed at Washington January 29, 1998, and \n entered into force March 27, 2001, or any protocol, agreement, \n memorandum of understanding, or contract related thereto.''.\n (b) Exception.--Section 6(h) of the Iran Nonproliferation Act of \n2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by inserting \nafter ``extraordinary payments in connection with the International \nSpace Station'' the following: ``, or any other payments in connection \nwith the International Space Station,''.\n (c) Reporting Requirements.--Section 6 of the Iran Nonproliferation \nAct of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by \nadding at the end the following new subsection:\n ``(i) Report on Certain Payments Related to International Space \nStation.--\n ``(1) In general.--The President shall, together with each \n report submitted under section 2(a), submit to the Committee on \n Foreign Relations of the Senate and the Committee on International \n Relations of the House of Representatives a report that identifies \n each Russian entity or person to whom the United States Government \n has, since the date of the enactment of the Iran Nonproliferation \n Amendments Act of 2005, made a payment in cash or in kind for work \n to be performed or services to be rendered under the Agreement \n Concerning Cooperation on the Civil International Space Station, \n with annex, signed at Washington January 29, 1998, and entered into \n force March 27, 2001, or any protocol, agreement, memorandum of \n understanding, or contract related thereto.\n ``(2) Content.--Each report submitted under paragraph (1) shall \n include--\n ``(A) the specific purpose of each payment made to each \n entity or person identified in the report; and\n ``(B) with respect to each such payment, the assessment of \n the President that the payment was not prejudicial to the \n achievement of the objectives of the United States Government \n to prevent the proliferation of ballistic or cruise missile \n systems in Iran and other countries that have repeatedly \n provided support for acts of international terrorism, as \n determined by the Secretary of State under section 620A(a) of \n the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section \n 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. \n 2405(j)), or section 40(d) of the Arms Export Control Act (22 \n U.S.C. 2780(d)).''.\n\nSEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE \n SUCH ACT APPLICABLE TO IRAN AND SYRIA.\n\n (a) Reports on Proliferation Relating to Iran or Syria.--Section 2 \nof the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. \n1701 note) is amended--\n (1) in the heading, by striking ``TO IRAN'' and inserting \n ``RELATING TO IRAN AND SYRIA''; and\n (2) in subsection (a)--\n (A) in the matter preceding paragraph (1)--\n (i) by inserting ``or acquired from'' after \n ``transferred to''; and\n (ii) by inserting after ``Iran'' the following: ``, or \n on or after January 1, 2005, transferred to or acquired \n from Syria''; and\n (B) in paragraph (2), by inserting after ``Iran'' the \n following: ``or Syria, as the case may be,''.\n (b) Determination Exempting Foreign Persons From Certain \nMeasures.--Section 5(a) of the Iran Nonproliferation Act of 2000 \n(Public Law 106-178; 50 U.S.C. 1701 note) is amended--\n (1) in paragraph (1), by striking ``transfer to Iran'' and \n inserting ``transfer to or acquire from Iran or Syria, as the case \n may be,''; and\n (2) in paragraph (2), by striking ``Iran's efforts'' and \n inserting ``the efforts of Iran or Syria, as the case may be,''.\n (c) Restriction on Extraordinary Payments in Connection With the \nInternational Space Station.--Section 6(b) of the Iran Nonproliferation \nAct of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--\n (1) in the heading, by striking ``to Iran'' and inserting \n ``Relating to Iran and Syria'';\n (2) in paragraphs (1) and (2), by striking ``to Iran'' each \n place it appears and inserting ``to or from Iran and Syria''; and\n (3) in paragraph (3), by striking ``to Iran'' and inserting \n ``to or from Iran or Syria''.\n (d) Definitions.--Section 7(2) of the Iran Nonproliferation Act of \n2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--\n (1) in subparagraph (C) to read as follows:\n ``(C) any foreign government, including any foreign \n governmental entity; and''; and\n (2) in subparagraph (D), by striking ``subparagraph (B) or \n (C)'' and inserting ``subparagraph (A), (B), or (C), including any \n entity in which any entity described in any such subparagraph owns \n a controlling interest''.\n (e) Short Title.--\n (1) Amendment.--Section 1 of the Iran Nonproliferation Act of \n 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by \n striking ``Iran Nonproliferation Act of 2000'' and inserting ``Iran \n and Syria Nonproliferation Act''.\n (2) References.--Any reference in a law, regulation, document, \n or other record of the United States to the Iran Nonproliferation \n Act of 2000 shall be deemed to be a reference to the Iran and Syria \n Nonproliferation Act.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Iran Nonproliferation Amendments Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to state that the definition of extraordinary payments in connection with the International Space Station does not mean payments in cash or in kind made or to be made by the US government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet US obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. Prohibits any US agency from making extraordinary payments and any other payments in connection with the International Space Station to a foreign person subject to specified measures under such Act or Executive Order No. 12938. Directs the President to submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States has, since the date of enactment of this Act, made a cash or in-kind payment under the Agreement. Requires such report to include: (1) the purpose of each payment. And (2) with respect to each such payment, an assessment that the payment was not prejudicial to preventing the proliferation of ballistic or cruise missile systems in Iran and other countries that have supported acts of international terrorism. Applies the provisions of such Act to: (1) Syria with respect to transfers on or after January 1, 2005. And (2) transfers to or from such countries . Redefines foreign person or person to include any foreign government or government entity . Retitles the Iran Nonproliferation Act of 2002 as the Iran and Syria Nonproliferation Act.","title":"An act to make amendments to the Iran Nonproliferation Act to 2000 related to International Space Station payments, and for other purposes.","text_len":12564,"sum_len":1883} {"bill_id":"112_s253","text":"SECTION 1. FINDINGS.\n\n Congress makes the following findings:\n (1) From 2014 through 2018, the United States and nations \n around the world will mark the centennial of World War I, \n including the entry of the United States into the war in April \n 1917.\n (2) America's support of Great Britain, France, Belgium, \n and its other allies in World War I marked the first time in \n this Nation's history that American soldiers went abroad in \n defense of liberty against foreign aggression, and it marked \n the true beginning of ``the American century''.\n (3) Although World War I was at the time called ``the war \n to end all wars'', in fact the United States would commit its \n troops to the defense of foreign lands 3 more times in the 20th \n century.\n (4) More than 4,000,000 men and women from the United \n States served in uniform during World War I, among them 2 \n future presidents, Harry S. Truman and Dwight D. Eisenhower. \n Two million individuals from the United States served overseas \n during World War I, including 200,000 naval personnel who \n served on the seas. The United States suffered 375,000 \n casualties during World War I, including 116,516 deaths.\n (5) The events of 1914 through 1918 shaped the world, the \n United States, and the lives of millions of people in countless \n ways.\n (6) The centennial of World War I offers an opportunity for \n people in the United States to learn about and commemorate the \n sacrifices of their predecessors.\n (7) Commemorative programs, activities, and sites allow \n people in the United States to learn about the history of World \n War I, the United States involvement in that war, and the war's \n effects on the remainder of the 20th century, and to \n commemorate and honor the participation of the United States \n and its citizens in the war effort.\n (8) While the other great conflicts of the 20th century, \n World War II, the Korean War, and the Vietnam War, have \n national memorials on the Mall in Washington, DC, there \n currently exists no nationally recognized memorial honoring the \n service of the United States and its citizens in World War I.\n (9) In 1921, the people of Kansas City, Missouri dedicated \n a site in that city for a memorial to the service of Americans \n in World War I, a ceremony attended by General John J. Pershing \n and military leaders of Great Britain, France, Belgium, and \n Italy. In 1924, the cornerstone of the 217-foot Liberty \n Memorial Tower was laid. On Armistice Day 1926, President \n Calvin Coolidge delivered the keynote address at the Memorial's \n dedication ceremony. The Memorial and surrounding grounds were \n completed in 1938, with an inscription that reads ``In Honor of \n Those Who Served in the World War in Defense of Liberty and Our \n Country.''.\n (10) The 106th Congress recognized the Liberty Memorial as \n a national symbol of World War I.\n (11) The 108th Congress designated the museum at the base \n of the Liberty Memorial as ``America's National World War I \n Museum''. The museum preserves the history of World War I, and \n educates and enlightens people about this significant event.\n (12) The District of Columbia War Memorial was authorized \n in 1924 by resolution of the 68th Congress, and was dedicated \n on Armistice Day 1931 by President Herbert Hoover. The DC War \n Memorial, erected in memory of the 499 residents of the \n District of Columbia who died in World War I, is often \n overlooked by residents and visitors to Washington.\n (13) The DC War Memorial is located on the national Mall in \n Washington, adjacent to the World War II, Korean War, and \n Vietnam memorials. Of these memorials, which now compose a \n quartet of memorials to the 4 great wars of the American \n Century, only the DC War Memorial is not a national memorial.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to--\n (1) establish a commission, in Kansas City, Missouri, to \n ensure a suitable national observance of the centennial of \n World War I; and\n (2) rededicate the Liberty Memorial of Kansas City and the \n District of Columbia War Memorial, respectively, as the \n ``National World War I Museum and Memorial'' and the ``District \n of Columbia and National World War I Memorial''.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) America's national world war i museum.--The term \n ``America's National World War I Museum'' means the Liberty \n Memorial Museum in Kansas City, Missouri, as recognized by \n Congress in section 1031(b) of the Ronald W. Reagan National \n Defense Authorization Act for Fiscal Year 2005 (Public Law 108-\n 375; 118 Stat. 2045).\n (2) Commission.--The term ``Commission'' means the World \n War I Centennial Commission established by section 4(a).\n (3) Veterans service organization.--The term ``veterans \n service organization'' means any organization recognized by the \n Secretary of Veterans Affairs for the representation of \n veterans under section 5902 of title 38, United States Code.\n\nSEC. 4. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``World War I Centennial Commission''.\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 24 \n members as follows:\n (A) Four members who shall be appointed by the \n Speaker of the House of Representatives.\n (B) Three members who shall be appointed by the \n minority leader of the House of Representatives.\n (C) Four members who shall be appointed by the \n majority leader of the Senate.\n (D) Three members who shall be appointed by the \n minority leader of the Senate.\n (E) Seven members who shall be appointed by the \n President from among persons who are broadly \n representative of the people of the United States \n (including members of the Armed Forces, veterans, and \n representatives of veterans service organizations).\n (F) One member who shall be appointed by the \n executive director of the Veterans of Foreign Wars of \n the United States.\n (G) One member who shall be appointed by the \n executive director of the American Legion.\n (H) One member who shall be appointed by the \n president of the Liberty Memorial Association.\n (2) Period of appointment.--Each member shall be appointed \n for the life of the Commission.\n (3) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (4) Initial meeting.--\n (A) In general.--Not later than 30 days after the \n date on which all members of the Commission have been \n appointed, the Commission shall hold its first meeting.\n (B) Location.--The location for the meeting held \n under subparagraph (A) shall be the America's National \n World War I Museum.\n (5) Meetings.--\n (A) In general.--The Commission shall meet at the \n call of the Chair.\n (B) Frequency.--The Chair shall call a meeting of \n the members of the Commission not less frequently than \n once each year.\n (C) Location.--Not less frequently than once each \n year, the Commission shall meet at the America's \n National World War I Museum.\n (6) Quorum.--Thirteen members of the Commission shall \n constitute a quorum, but a lesser number may hold hearings.\n (7) Chair and vice chair.--The Commission shall select a \n Chair and Vice Chair from among its members.\n\nSEC. 5. DUTIES.\n\n (a) In General.--The duties of the Commission are as follows:\n (1) To plan, develop, and execute programs, projects, and \n activities to commemorate the centennial of World War I.\n (2) To encourage private organizations and State and local \n governments to organize and participate in activities \n commemorating the centennial of World War I.\n (3) To facilitate and coordinate activities throughout the \n United States relating to the centennial of World War I.\n (4) To serve as a clearinghouse for the collection and \n dissemination of information about events and plans for the \n centennial of World War I.\n (5) To develop recommendations for Congress and the \n President for commemorating the centennial of World War I.\n (b) Reports.--\n (1) Periodic report.--Beginning not later than the last day \n of the 3-month period beginning on the date described in \n section 10 and the last day of each 3-month period thereafter, \n the Commission shall submit to Congress and the President a \n report on the activities and plans of the Commission.\n (2) Recommendations.--Not later than 2 years after the date \n described in section 10, the Commission shall submit to \n Congress and the President a report containing specific \n recommendations for commemorating the centennial of World War I \n and coordinating related activities.\n\nSEC. 6. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers appropriate to carry out the \npurposes of this Act.\n (b) Powers of Member and Agents.--If authorized by the Commission, \nany member or agent of the Commission may take any action which the \nCommission is authorized to take under this Act.\n (c) Information From Federal Agencies.--The Commission shall secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon the request of the Chair of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission.\n (d) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of the General Services Administration \nshall provide to the Commission, on a reimbursable basis, the \nadministrative support services necessary for the Commission to carry \nout its responsibilities under this Act.\n (e) Contract Authority.--\n (1) In general.--Except as provided in paragraph (2), the \n Commission is authorized--\n (A) to procure supplies, services, and property; \n and\n (B) to make or enter into contracts, leases, or \n other legal agreements.\n (2) Limitation.--The Commission may not enter into any \n contract, lease, or other legal agreement that extends beyond \n the date of the termination of the Commission under section \n 8(a).\n (f) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (g) Gifts, Bequests, and Devises.--\n (1) Acceptance by commission.--The Commission may accept, \n use, and dispose of gifts, bequests, or devises of services or \n property, both real and personal, for the purpose of aiding or \n facilitating the work of the Commission.\n (2) Deposit and availability.--Gifts, bequests, or devises \n of money and proceeds from sales of other property received as \n gifts, bequests, or devises shall de deposited in the Treasury \n of the United States and shall be available for disbursement \n upon order of the Commission.\n\nSEC. 7. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Members of the Commission shall serve \nwithout compensation for such service.\n (b) Travel Expenses.--Each member of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, in \naccordance with the applicable provisions of title 5, United States \nCode.\n (c) Staff.--\n (1) In general.--The Chair of the Commission shall, in \n consultation with the members of the Commission, appoint an \n executive director and such other additional personnel as may \n be necessary to enable the Commission to perform its duties.\n (2) Compensation.--\n (A) In general.--Subject to subparagraph (B), the \n Chair of the Commission may fix the compensation of the \n executive director and any other personnel appointed \n under paragraph (1).\n (B) Limitation.--The Chair of the Commission may \n not fix the compensation of the executive director or \n other personnel appointed under paragraph (1) at a rate \n that exceeds the rate of payable for level IV of the \n Executive Schedule under section 5315 of title 5, \n United States Code.\n (C) Work location.--If the city government for \n Kansas City, Missouri, and the Liberty Memorial \n Association make space available in the building in \n which the America's National World War I Museum is \n located, the executive director of the Commission and \n other personnel appointed under paragraph (1) shall \n work in such building to the extent practical.\n (d) Detail of Government Employees.--Upon request of the \nCommission, the head of any Federal department or agency may detail, on \na reimbursable basis, any employee of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n (e) Procurement of Temporary and Intermittent Services.--The Chair \nof the Commission may procure temporary and intermittent services under \nsection 3109(b) of title 5, United States Code.\n\nSEC. 8. TERMINATION OF THE COMMISSION.\n\n (a) In General.--The Commission shall terminate on the earlier of--\n (1) the date that is 30 days after the date of the \n completion of the activities under this Act honoring the \n centennial observation of World War I; or\n (2) July 28, 2019.\n (b) Application of Federal Advisory Committee Act.--\n (1) In general.--Except as provided in paragraph (2), the \n provisions of the Federal Advisory Committee Act (5 U.S.C. \n App.) shall apply to the activities of the Commission under \n this Act.\n (2) Exception.--Section 14(a)(2) of such Act shall not \n apply to the Commission.\n\nSEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS.\n\n (a) Designation of the National World War I Museum and Memorial, \nMissouri.--\n (1) In general.--The Liberty Memorial of Kansas City at the \n America's National World War I Museum in Kansas City, Missouri, \n is designated as the ``National World War I Museum and \n Memorial''.\n (2) Ceremonies.--The Commission may plan, develop, and \n execute ceremonies to rededicate the Liberty Memorial of Kansas \n City as the National World War I Museum and Memorial.\n (b) Designation of the District of Columbia and National World War \nI Memorial.--\n (1) Designation.--The District of Columbia War Memorial in \n Washington, DC, is designated as the ``District of Columbia and \n National World War I Memorial''.\n (2) Ceremonies.--The Commission may plan, develop, and \n execute ceremonies to rededicate the District of Columbia War \n Memorial as the District of Columbia and National World War I \n Memorial.\n (3) Authority to establish commemorative work.--\n (A) In general.--The World War I Memorial \n Foundation may establish a commemorative work at the \n site of the District of Columbia and National World War \n I Memorial consisting of an appropriate sculptural or \n other commemorative element reflecting the national \n character of the memorial.\n (B) Requirements.--Any commemorative work \n established under subparagraph (A) shall complement and \n preserve the memorial (including the landscape of the \n memorial), as in existence on the date of enactment of \n this Act.\n (4) Compliance with standards for commemorative works; \n location of memorial.--\n (A) In general.--Subject to subparagraph (B), the \n rededication of the District of Columbia and National \n World War I Memorial shall be in accordance with \n chapter 89 of title 40, United States Code.\n (B) Congressional finding.--Congress finds that \n because this Act authorizes the rededication and \n related enhancement of a commemorative work that, as of \n the date of enactment of this Act, is in existence and \n is sited within the Reserve (as defined in section \n 8902(a)(3) of title 40, United States Code), the \n provisions regarding site approval and location of \n commemorative works under sections 8905 and 8908(c) of \n title 40, United States Code, do not apply to this Act.\n (5) Deposit of excess funds.--The World War I Memorial \n Foundation shall transmit to the Secretary of the Treasury for \n deposit in the account provided for in section 8906(b)(3) of \n title 40, United States Code--\n (A) any funds that remain after payment of all \n expenses incurred in the rededication of the memorial \n (including payment of the amount for maintenance and \n preservation required under section 8906(b) of that \n title); or\n (B) any funds that remain for the commemorative \n work authorized under subsection (a) on expiration of \n the authority for the commemorative work under section \n 8903(e) of that title.\n\nSEC. 10. EFFECTIVE DATE.\n\n This Act takes effect on the date that is 90 days after the date of \nenactment of this Act.","summary":"Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans. And (5) develop commemoration recommendations for Congress and the President. Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial. And (2) the District of Columbia War Memorial in Washington, D. C. as the District of Columbia and National World War I Memorial (Memorial). Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site.","title":"A bill to establish a commission to ensure a suitable observance of the centennial of World War I, and to designate memorials to the service of men and women of the United States in World War I.","text_len":19291,"sum_len":922} {"bill_id":"111_hr6172","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protecting Student Athletes from \nConcussions Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Involvement in sports can have tremendous benefits for \n the physical, social, emotional, and cognitive development of \n students.\n (2) All students have the right to know the risks of \n concussions because concussions, though a mild traumatic brain \n injury, present such a significant risk to not only the \n physical well-being of a developing student, but also the \n academic performance of the student.\n (3) Mild traumatic brain injuries, including concussions, \n represent 80 to 90 percent of all traumatic brain injuries.\n (4) Children and adolescents are more vulnerable to brain \n injury than adults because their brains are still developing.\n (5) Surveys suggest that the prevalence of sport-related \n concussions is much higher than reported and the occurrence of \n concussions is higher at the high school level than at the \n collegiate level. According to recent research, 400,000 \n students sustained a concussion while participating in five \n different sports in a high school athletics program during the \n 2005-2008 school years. Few statistics are available for the 41 \n million children participating in non-scholastic youth sports, \n but schools report that concussions are occurring on the \n playground and during physical education classes.\n (6) A recent study estimated that more than 40 percent of \n high school athletes return to participate in school athletics \n before they have fully recovered from concussions, which \n increases the susceptibility of the student athlete to greater \n injury or death.\n (7) The failure to recognize brain injuries and the \n mismanagement of such injuries increases the vulnerability of a \n student athlete to successive injury, cumulative negative \n health consequences, or chronic impairment.\n (8) Timely recognition and response to concussions aids \n recovery and helps prevent successive injury, chronic \n impairment, or death. Only 42 percent of schools have access to \n an athletic trainer and only 53 percent of schools meet the \n nurse-to-student ratio recommended by the Federal Government.\n (9) Concussion treatment and management is sporadic in \n schools and often neglects the athlete's role as a student.\n (10) Medical care from hospitalization and emergency room \n visits due to a concussion is costly, and treatment is often \n arbitrary.\n (11) Students should gradually return to physical activity \n and academic activities only as the symptoms of a concussion \n permit because research suggests that overexertion from \n physical activity and academic activities exacerbates symptoms \n and protracts recovery time for student athletes.\n (12) Instituting best practices offers a reasonable means \n for protecting student athletes from the risks and consequences \n of concussions.\n\nSEC. 3. MINIMUM STATE REQUIREMENTS.\n\n Beginning with fiscal year 2013, in order to be eligible to receive \nfunds for such year or a subsequent fiscal year under the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) each State \neducational agency shall issue regulations establishing the following \nminimum requirements:\n (1) Local educational agency concussion safety and \n management plan.--Each local educational agency in the State, \n in consultation with members of the community in which such \n agency is located, shall develop and implement a standard plan \n for concussion safety and management that includes--\n (A) the education of students, parents, and school \n personnel about concussions, such as--\n (i) the training and certification of \n school personnel, including coaches, athletic \n trainers, and school nurses, on concussion \n safety and management; and\n (ii) using and maintaining standardized \n release forms, treatment plans, observation, \n monitoring and reporting forms, recordkeeping \n forms, and post-injury fact sheets;\n (B) supports for students recovering from a \n concussion, such as--\n (i) guiding such student in resuming \n participation in athletic activity and academic \n activities with the help of a multi-\n disciplinary team, which may include--\n (I) a health care professional, the \n parents of such student, a school \n nurse, or other relevant school \n personnel; and\n (II) an individual who is assigned \n by a public school to oversee and \n manage the recovery of such student;\n (ii) providing appropriate academic \n accommodations; and\n (iii) referring students whose symptoms of \n concussion reemerge or persist upon the \n reintroduction of cognitive and physical \n demands for evaluation of the eligibility of \n such students for services under the Individual \n with Disabilities Education Act (20 U.S.C. 1400 \n et seq.) and the Rehabilitation Act of 1973 (29 \n U.S.C. 701 note et seq.); and\n (C) best practices designed to ensure, with respect \n to concussions, the uniformity of safety standards, \n treatment, and management, such as--\n (i) disseminating information on concussion \n management safety and management to the public; \n and\n (ii) applying uniform standards for \n concussion safety and management to all \n students enrolled in public schools.\n (2) Posting of information on concussions.--Each public \n elementary school and each secondary school shall post on \n school grounds, in a manner that is visible to students and \n school personnel, and make publicly available on the school \n website, information on concussions that--\n (A) is based on peer-reviewed scientific evidence \n (such as information made available by the Centers for \n Disease Control and Prevention);\n (B) shall include--\n (i) the risks posed by sustaining a \n concussion;\n (ii) the actions a student should take in \n response to sustaining a concussion, including \n the notification of school personnel; and\n (iii) the signs and symptoms of a \n concussion; and\n (C) may include--\n (i) the definition of a concussion;\n (ii) the means available to the student to \n reduce the incidence or recurrence of a \n concussion; and\n (iii) the effects of a concussion on \n academic learning and performance.\n (3) Response to concussion.--If any school personnel, \n including coaches and athletic trainers, of a public school \n suspects that a student has sustained a concussion during a \n school-sponsored athletic activity--\n (A) the student shall be--\n (i) immediately removed from participation \n in such activity; and\n (ii) prohibited from returning to \n participate in school-sponsored athletic \n activities--\n (I) on the day such student \n sustained a concussion; and\n (II) until such student submits a \n written release from a health care \n professional stating that the student \n is capable of resuming participation in \n school-sponsored athletic activities; \n and\n (B) such personnel shall report to the parent or \n guardian of such student--\n (i) the date, time, and extent of the \n injury suffered by such student; and\n (ii) any actions taken to treat such \n student.\n (4) Return to athletics and academics.--Before a student \n who has sustained a concussion in a school-sponsored athletic \n activity resumes participation in school-sponsored athletic \n activities or academic activities, the school shall receive a \n written release from a health care professional, that--\n (A) states that the student is capable of resuming \n participation in such activities; and\n (B) may require the student to follow a plan \n designed to aid the student in recovering and resuming \n participation in such activities in a manner that--\n (i) is coordinated, as appropriate, with \n periods of cognitive and physical rest while \n symptoms of a concussion persist; and\n (ii) reintroduces cognitive and physical \n demands on such student on a progressive basis \n only as such increases in exertion do not cause \n the reemergence or worsening of symptoms of a \n concussion.\n\nSEC. 4. REPORT TO SECRETARY OF EDUCATION.\n\n Not later than 6 months after promulgating regulations pursuant to \nsection 3 in order to be eligible to receive funds under the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), each \nState educational agency shall submit to the Secretary of Education a \nreport that contains--\n (1) a description of the State regulations promulgated \n pursuant to section 3; and\n (2) an assurance that the State has implemented such \n regulations.\n\nSEC. 5. RULE OF CONSTRUCTION.\n\n Nothing in this Act shall be construed to alter or supersede State \nlaw with respect to education standards or procedures or civil \nliability.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Concussion.--The term ``concussion'' means a type of \n traumatic brain injury that--\n (A) is caused by a blow, jolt, or motion to the \n head or body that causes the brain to move rapidly in \n the skull;\n (B) disrupts normal brain functioning and alters \n the mental state of the individual, causing the \n individual to experience--\n (i) any period of observed or self-reported \n --\n (I) transient confusion, \n disorientation, or impaired \n consciousness;\n (II) dysfunction of memory around \n the time of injury; and\n (III) loss of consciousness lasting \n less than 30 minutes;\n (ii) any one of four types of symptoms of a \n headache, including--\n (I) physical symptoms, such as \n headache, fatigue, or dizziness;\n (II) cognitive symptoms, such as \n memory disturbance or slowed thinking;\n (III) emotional symptoms, such as \n irritability or sadness; and\n (IV) difficulty sleeping; and\n (C) can occur--\n (i) with or without the loss of \n consciousness; and\n (ii) during participation in any organized \n sport or recreational activity.\n (2) Health care professional.--The term ``health care \n professional'' means a physician, nurse, certified athletic \n trainer, physical therapist, neuropsychologist or other \n qualified individual who--\n (A) is a registered, licensed, certified, or \n otherwise statutorily recognized by the State to \n provide medical treatment;\n (B) is experienced in the diagnosis and management \n of traumatic brain injury among a pediatric population; \n and\n (C) may be a volunteer.\n (3) Local educational agency; state educational agency.--\n The terms ``local educational agency'' and ``State educational \n agency'' have the meanings given such terms in section 9101 of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7801).\n (4) School personnel.--The term ``school personnel'' has \n the meaning given such term in section 4151 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7161).\n (5) School-sponsored athletic activity.--The term ``school-\n sponsored athletic activity'' means--\n (A) any physical education class or program of a \n school;\n (B) any athletic activity authorized during the \n school day on school grounds that is not an \n instructional activity; and\n (C) any extra curricular sports team, club, or \n league organized by a school on or off school grounds.","summary":"Protecting Student Athletes from Concussions Act of 2010 - Requires each state educational agency, in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 in FY2013 or subsequent fiscal years, to issue regulations establishing the following minimum requirements for the prevention and treatment of concussions. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions, (2) supports for students recovering from a concussion. And (3) best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website information on concussions, including information on risks, responses, symptoms, and effects. Requires public school personnel who suspect that a student has sustained a concussion during a school-sponsored activity to: (1) remove the student from the activity and prohibit such student from participating in school athletic activities until the student submits a written release from a health care professional. And (2) report to the student's parent or guardian regarding such injury and the treatment provided. Prohibits a student who has sustained a concussion in a school-sponsored athletic activity from resuming participation in school-sponsored athletic or academic activities until the school receives a written release from a health care professional that: (1) states that the student is capable of resuming participation. And (2) may require the student to follow a plan designed to aid such individual in recovering and resuming participation in a manner that is coordinated with periods of cognitive and physical rest, and that reintroduces cognitive and physical demands on a progressive basis, based on the student's symptoms.","title":"To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.","text_len":14961,"sum_len":2009} {"bill_id":"107_s1474","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pesticide Maintenance Fees \nReauthorization Act''.\n\nSEC. 2. MAINTENANCE FEE.\n\n (a) Amounts for Registrants.--Section 4(i)(5) of the Federal \nInsecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is \namended--\n (1) in subparagraph (A), by striking ``each year'' and all \n that follows and inserting ``each year $2,300 for each \n registration'';\n (2) in subparagraph (D)--\n (A) in clause (i), by striking ``$55,000'' and \n inserting ``$70,000''; and\n (B) in clause (ii), by striking ``$95,000'' and \n inserting ``$120,000''; and\n (3) in subparagraph (E)(i)--\n (A) in subclause (I) by striking ``$38,500'' and \n inserting ``$46,000''; and\n (B) in subclause (II), by striking ``$66,500'' and \n inserting ``$80,000''.\n (b) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal \nInsecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)-\n1(i)(5)(C)) is amended--\n (1) by striking ``(C)(i) The'' and inserting the following:\n ``(C) Total amount of fees.--The'';\n (2) by striking ``$14,000,000 each fiscal year'' and \n inserting ``$20,000,000 for each of fiscal years 2002 through \n 2006''; and\n (3) by striking clause (ii).\n (c) Definition of Small Business.--Section 4(i)(5)(E)(ii) of the \nFederal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-\n1(i)(5)(E)(ii)) is amended--\n (1) in subclause (I), by striking ``150'' and inserting \n ``500''; and\n (2) in subclause (II), by striking ``gross revenue from \n chemicals that did not exceed $40,000,000'' and inserting \n ``global gross revenue from pesticides that did not exceed \n $60,000,000''.\n (d) Extension of Authority.--Section 4(i)(5)(H) of the Federal \nInsecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) \nis amended by striking ``2001'' and inserting ``2006''.\n\nSEC. 3. OTHER FEES.\n\n Section 4(i)(6) of the Federal Insecticide, Fungicide, and \nRodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended by striking ``2001'' \nand inserting ``2006''.\n\nSEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.\n\n Section 4(k)(3) of the Federal Insecticide, Fungicide, and \nRodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--\n (1) in the paragraph heading, by striking ``Expedited'' and \n inserting ``Review of inert ingredients; expedited''; and\n (2) in subparagraph (A)--\n (A) by striking ``1997 through 2001, not more \n than'' and inserting ``2002 through 2006,'';\n (B) by redesignating clauses (i), (ii), and (iii) \n as subclauses (I), (II), and (III), respectively, and \n adjusting the margins appropriately; and\n (C) by striking ``assure the expedited processing \n and review of any applicant that'' and inserting the \n following:\n ``(i) review and evaluate inert \n ingredients; and\n ``(ii) ensure the expedited processing and \n review of any application that--''.\n\nSEC. 5. PESTICIDE TOLERANCE PROCESSING FEES.\n\n Section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 346a(m)(1)) is amended--\n (1) by striking ``The Administrator'' and inserting the \n following:\n ``(A) In general.--The Administrator'';\n (2) by striking ``Under the regulations'' and inserting the \n following:\n ``(B) Inclusions.--Under the regulations'';\n (3) by redesignating subparagraphs (A), (B), (C), and (D) \n as clauses (i), (ii), (iii), and (iv), respectively, and \n adjusting the margins appropriately;\n (4) by striking ``The regulations may'' and inserting the \n following:\n ``(C) Waiver; refund.--The regulations may''; and\n (5) by adding at the end the following:\n ``(D) Tolerance processing fees.--\n ``(i) In general.--Except as provided in \n clause (ii), during the period beginning on the \n date of enactment of this subparagraph and \n ending on September 30, 2006, the Administrator \n shall not promulgate regulations addressing \n pesticide tolerance processing fees.\n ``(ii) Exception for current fee \n schedule.--The Administrator may annually \n promulgate regulations to implement changes in \n the amounts in the schedule of pesticide \n tolerance processing fees in effect on the date \n of enactment of this subparagraph by the same \n percentage as the annual adjustment to the \n Federal General Schedule pay scale under \n section 5303 of title 5, United States Code.''.","summary":"Pesticide Maintenance Fees Authorization Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act, with respect to the pesticide registration maintenance fee system, to: (1) make uniform the amount of the annual fee for each registration. (2) set maximum amounts payable by a registrant and an increased aggregate amount of collected fees for FY 2002 through 2006, (3) expand the definition of a small business. And (4) extend the authority to collect such fees and the prohibition on levy of fees other than those specified in the Act's fee provisions. Extends the requirement that the Administrator of the Environmental Protection Agency use maintenance fees to ensure expedited processing of similar applications and adds a requirement that the fees be used to review inert ingredients. Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator, through FY 2006, from promulgating regulations addressing pesticide tolerance processing fees .","title":"A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to extend and improve the collection of maintenance fees, and for other purposes.","text_len":5327,"sum_len":976} {"bill_id":"114_hr1284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Saving America's Pollinators Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Pollination services are a vital part of agricultural \n production, valued at over $125,000,000,000 globally. According \n to a 2014 Presidential memorandum, pollinators provide for an \n annual amount of $24,000,000,000 to the economy of the United \n States and honey bees account for $15,000,000,000 of such \n amount. Similarly, pollination services of native pollinators, \n such as bumblebees, squash bees, and mason bees, contribute \n over $3,000,000,000 to the United States agricultural economy \n and are estimated to contribute between $937,000,000 and \n $2,400,000,000 to the economy of California alone.\n (2) One-third of food produced in North America--including \n nearly 100 varieties of fruits and vegetables such as almonds, \n avocados, cranberries, and apples--depends on pollination by \n bees.\n (3) Over the past several years, documented incidents of \n colony collapse disorder and other forms of excess bee \n mortality have been at a record high, with some beekeepers \n repeatedly losing 100 percent of their operations. The national \n honey crop reported in 2013 was the lowest in many decades.\n (4) A recent national survey sponsored by the Federal \n Government indicates that United States beekeepers experienced \n a 45.2 percent annual mortality rate with their hives during \n the period beginning in April 2012 and ending in March 2013. \n During the winter of 2013-2014, two-thirds of beekeepers \n experienced loss rates greater than the established acceptable \n winter mortality rate.\n (5) According to scientists at the Department of \n Agriculture, current losses of honey bee colonies are too high \n to confidently ensure the United States will be able to meet \n the pollination demands for agricultural crops.\n (6) Native pollinators, such as bumble bees, have also \n suffered alarming population declines. There are currently more \n than 40 pollinator species federally-listed as threatened or \n endangered, and most recently, the iconic monarch butterfly has \n declined by 90 percent.\n (7) Scientists have linked the use of a certain class of \n systemic insecticides, known as neonicotinoids, to the rapid \n decline of pollinators and to the deterioration of pollinator \n health.\n (8) Neonicotinoids cause sublethal effects, including \n impaired foraging and feeding behavior, disorientation, \n weakened immunity, delayed larval development, and increased \n susceptibility to viruses, diseases, and parasites. Numerous \n reports also document acute, lethal effects from the \n application of neonicotinoids.\n (9) Conclusions from a recent global review of the impacts \n of systemic pesticides, primarily neonicotinoids, warn that \n they are causing significant damage to a wide range of \n beneficial invertebrate species, are a key factor in the \n decline of bees, and pose a global threat to biodiversity and \n ecosystem services. Another recent global review documented \n high levels of freshwater contamination.\n (10) Science has demonstrated that a single corn kernel \n coated with a neonicotinoid is toxic enough to kill a songbird. \n Peer-reviewed research from the Netherlands has shown that the \n most severe bird population declines occurred in those areas \n where neonicotinoid pollution was highest. Starlings, tree \n sparrows, and swallows were among the most affected.\n (11) In January 2013, the European Food Safety Authority \n determined that the most widely used neonicotinoids pose \n unacceptable hazards to bees, prompting the European Union to \n suspend their use on agricultural crops.\n (12) In June 2013, over 50,000 bumblebees were killed as a \n direct result of exposure to a neonicotinoid applied to linden \n trees for cosmetic purposes.\n (13) In February 2014, Eugene, Oregon, voted to ban the use \n of neonicotinoid pesticides on city property. Similar bans and \n restrictions have been enacted in Thurston County, Spokane, and \n Seattle, Washington, and Skagway, Alaska.\n (14) In June 2014, a Presidential memorandum established a \n Pollinator Health Task Force after identifying pollinator \n decline as a threat to the sustainability of food production \n systems, the agricultural economy, and the health of the \n environment in the United States.\n (15) In July 2014, the United States Fish and Wildlife \n Service announced plans to phase out neonicotinoid pesticides \n in all national wildlife refuges across the United States by \n January 2016. The United States Fish and Wildlife Service \n recognized that the prophylactic use of neonicotinoids for \n agricultural purposes harms a wide range of non-target species \n and is therefore inconsistent with the management policy of the \n United States Fish and Wildlife Service.\n (16) In October 2014, an assessment by the Environmental \n Protection Agency found that neonicotinoid seed coatings \n provide little benefit to overall soybean crop yield. \n Additional studies determined that in approximately 80 to 90 \n percent of row crop uses, neonicotinoid coatings are \n unnecessary. The prophylactic overuse of neonicotinoids \n violates the fundamental principles of integrated pest \n management.\n (17) In November 2014, the Province of Ontario announced \n the province will move to restrict the use of neonicotinoid-\n coated corn and soybean seeds because of the broad harms from \n their overuse, with a goal of 80-percent reduction by 2017.\n\nSEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR \n PROTECTION.\n\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Administrator of the Environmental \nProtection Agency shall suspend the registration of imidacloprid, \nclothianidin, thiamethoxam, dinotafuran, and any other members of the \nnitro group of neonicotinoid insecticides to the extent such \ninsecticide is registered, conditionally or otherwise, under the \nFederal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et \nseq.) for use in seed treatment, soil application, or foliar treatment \non bee-attractive plants, trees, and cereals until the Administrator \nhas made a determination that such insecticide will not cause \nunreasonable adverse effects on pollinators based on--\n (1) an evaluation of the published and peer-reviewed \n scientific evidence on whether the use or uses of such \n neonicotinoids cause unreasonable adverse effects on \n pollinators, including native bees, honey bees, birds, bats, \n and other species of beneficial insects; and\n (2) a completed field study that meets the criteria \n required by the Administrator and evaluates residues, including \n residue buildup after repeated annual application, chronic low-\n dose exposure, cumulative effects of multiple chemical \n exposures, and any other protocol determined to be necessary by \n the Administrator to protect managed and native pollinators.\n (b) Conditions on Certain Pesticides Registrations.--\nNotwithstanding section 3 of the Federal Insecticide, Fungicide, and \nRodenticide Act (7 U.S.C. 136a), for purposes of the protection of \nhoney bees, other pollinators, and beneficial insects, the \nAdministrator of the Environmental Protection Agency shall not issue \nany new registrations, conditional or otherwise, for any seed \ntreatment, soil application, and foliar treatment on bee-attractive \nplants, trees, and cereals under such Act until the Administrator has \nmade the determination described in subsection (a), based on an \nevaluation described in subsection (a)(1) and a completed field study \ndescribed in subsection (a)(2), with respect to such insecticide.\n (c) Monitoring of Native Bees.--The Secretary of the Interior, in \ncoordination with the Administrator of the Environmental Protection \nAgency, shall, for purposes of protecting and ensuring the long-term \nviability of native bees and other pollinators of agricultural crops, \nhorticultural plants, wild plants, and other plants--\n (1) regularly monitor the health and population status of \n native bees, including the status of native bees in \n agricultural and nonagricultural habitats and areas of \n ornamental plants, residential areas, and landscaped areas;\n (2) identify the scope and likely causes of unusual native \n bee mortality; and\n (3) beginning not later than 180 days after the date of the \n enactment of this Act and each year thereafter, submit to \n Congress, and make available to the public, a report on such \n health and population status.","summary":"Saving America's Pollinators Act of 2015 This bill requires the Environmental Protection Agency (EPA) to suspend the registration of members of the nitro group of neonicotinoid insecticides that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the EPA determines that the insecticides will not cause unreasonable adverse effects on pollinators. The determination must be based on: an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of those neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects. And a completed field study that meets the criteria required by the EPA and evaluates residues, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. The EPA may not issue new registrations of the neonicotinoid pesticides for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under FIFRA until it has made the determination with respect to the insecticide. For purposes of protecting and ensuring the long-term viability of native bees and other pollinators, the Department of the Interior must: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on the health and population status of native bees.","title":"Saving America's Pollinators Act of 2015","text_len":9462,"sum_len":1626} {"bill_id":"106_s1426","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Conservation Security Act of 1999''.\n\nSEC. 2. CONSERVATION SECURITY PROGRAM.\n\n Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. \n3830 et seq.) is amended by adding at the end the following:\n\n ``CHAPTER 6--CONSERVATION SECURITY PROGRAM\n\n``SEC. 1240P. CONSERVATION SECURITY PROGRAM.\n\n ``(a) In General.--The Secretary shall establish a conservation \nsecurity program through the use of contracts to assist owners and \noperators of farms and ranches to promote--\n ``(1) conservation of soil, water, and related resources;\n ``(2) water quality protection and improvement;\n ``(3) air quality protection and improvement;\n ``(4) wetland restoration, protection, and creation;\n ``(5) wildlife habitat development and protection; and\n ``(6) any similar conservation purpose.\n ``(b) Eligibility.--\n ``(1) In general.--To be eligible to participate in the \n conservation security program, an owner or operator shall--\n ``(A) submit a resource security plan or a \n livestock nutrient management plan to the Secretary, \n and obtain the approval of the Secretary for the plan, \n in accordance with subsection (c); and\n ``(B) enter into a contract with the Secretary that \n requires compliance with the plan in accordance with \n subsection (e).\n ``(2) Limitation.--An owner or operator shall not be \n eligible to enter into a contract specifying compliance with a \n livestock nutrient management plan if the total number of \n animals raised by the owner or operator exceeds 1,000 animal \n units, as defined by the Secretary.\n ``(c) Plans.--\n ``(1) Resource security plans.--A resource security plan \n shall--\n ``(A) identify the resources to be secured by the \n plan;\n ``(B) describe the class of conservation practices \n under subsection (d) to be implemented and maintained \n on the land subject to the contract during the contract \n period;\n ``(C) contain a schedule for the implementation and \n maintenance of the class of conservation practices \n described in the plan;\n ``(D) comply with the highly erodible land and \n wetland conservation requirements of subtitles B and C; \n and\n ``(E) contain such other terms as the Secretary may \n require.\n ``(2) Livestock nutrient management plans.--A livestock \n nutrient management plan shall--\n ``(A) contain a plan for managing the manure and \n other organic byproducts produced on the farming or \n ranching operation of an owner or operator in a manner \n that protects air, water, and soil quality; and\n ``(B) contain such other terms as the Secretary may \n require.\n ``(3) State and local conservation priorities.--To the \n maximum extent practicable and in a manner that is consistent \n with the conservation security program, resource security plans \n and livestock nutrient management plans shall address the \n conservation priorities established by the State and locality \n in which the farming or ranching operation is located.\n ``(d) Conservation Practices Under Resource Security Plans.--\n ``(1) In general.--The Secretary shall establish 3 classes \n of conservation practices that are eligible for payment under a \n contract entered into under this section to carry out a \n resource security plan.\n ``(2) Inclusion of certain practices.--The Secretary shall \n include in 1 of the classes of conservation practices--\n ``(A) each environmental or conservation practice \n that is included in the National Handbook of \n Conservation Practices of the Natural Resources \n Conservation Service; and\n ``(B) any other conservation practice the Secretary \n determines is appropriate.\n ``(3) Classes.--To carry out this subsection, the Secretary \n shall establish the following 3 classes of conservation \n practices (as appropriate for the farm or ranch operation of an \n owner or operator):\n ``(A) Class i.--Class I conservation practices \n shall include--\n ``(i) residue management;\n ``(ii) nutrient management; and\n ``(iii) environmentally sound grazing.\n ``(B) Class ii.--Class II conservation practices \n shall include--\n ``(i) Class I conservation practices;\n ``(ii) comprehensive nutrient management;\n ``(iii) pesticide management;\n ``(iv) partial field conservation practices \n (including windbreaks, grass waterways, shelter \n belts, filter strips and riparian buffers); and\n ``(v) intensive grazing and wildlife \n habitat measures.\n ``(C) Class iii.--Class III conservation practices \n shall include--\n ``(i) Class I and Class II conservation \n practices; and\n ``(ii) such additional conservation \n practices as are necessary to implement and \n maintain a total resource management plan that \n addresses the long-term sustainability of the \n natural resource base of a farm or ranch \n operation.\n ``(e) Contracts.--\n ``(1) In general.--On approval of a resource security plan \n or a livestock nutrient management plan of an owner or \n operator, the Secretary shall enter into a contract with the \n owner or operator that specifies--\n ``(A) the land subject to the contract;\n ``(B) in the case of a resource security plan, the \n class of conservation practices under subsection (d) \n that will be carried out on the land; and\n ``(C) in the case of a livestock nutrient \n management plan, the livestock facilities that are \n covered by the contract.\n ``(2) Duration.--Subject to paragraphs (3) and (4), the \n contract shall be for a term of not less than 3 years nor more \n than 5 years.\n ``(3) Revision.--The Secretary may require an owner or \n operator to modify a resource security plan or livestock \n nutrient management plan before the expiration of the plan if \n the Secretary determines that a change made to the size, \n management, or any other aspect of the farming or ranching \n operation of the owner or operator would, without the \n modification, interfere with the conservation security program.\n ``(4) Renewal.--The contract of the owner or operator may \n be renewed for successive 5-year periods, at the option of the \n owner or operator, if--\n ``(A) the owner or operator agrees to any \n modification of the applicable resource security plan \n or the livestock nutrient management plan that the \n Secretary determines is necessary to carry out the \n conservation security program; and\n ``(B) the Secretary determines that the owner or \n operator has complied with--\n ``(i) the terms and conditions of the \n applicable resource security plan or a \n livestock nutrient management plan of the owner \n or operator; and\n ``(ii) the terms and conditions of the \n contract.\n ``(f) Duties of Owners and Operators.--Under a contract entered \ninto under subsection (e), during the term of the contract, an owner or \noperator of a farm or ranch shall agree--\n ``(1) to implement the applicable resource security plan or \n livestock nutrient management plan approved by the Secretary;\n ``(2) to keep such records as the Secretary may require for \n purposes of evaluation of the implementation of the plan;\n ``(3) not to engage in any activity that would defeat the \n purposes of the conservation security program; and\n ``(4) to forgo incentive payments, rental payments, or \n easement payments under any other conservation program \n administered by the Secretary for land subject to the contract, \n except that the owner or operator shall not otherwise become \n ineligible for participation in and receipt of cost-share \n payments under any other conservation program as a result of \n payments received under this section.\n ``(g) Duties of Secretary.--\n ``(1) Resource security plans.--\n ``(A) In general.--Under a contract entered into by \n an owner or operator under this section to carry out a \n resource security plan, subject to subparagraph (B), \n the Secretary shall, for a period of years not in \n excess of the term of the contract, make an annual \n rental payment to the owner or operator in an amount \n equal to--\n ``(i) 10 percent of the average county \n rental rate for the same type of land enrolled \n under the contract that will be maintained \n using Class I conservation practices described \n in subsection (d)(3)(A);\n ``(ii) 20 percent of the average county \n rental rate for the same type of land enrolled \n under the contract that will be maintained \n using Class II conservation practices described \n in subsection (d)(3)(B); and\n ``(iii) 40 percent of the average county \n rental rate for the same type of land enrolled \n under the contract that will be maintained \n using Class III conservation practices \n described in subsection (d)(3)(C).\n ``(2) Livestock nutrient management plans.--Under a \n contract entered into by an owner or operator under this \n section to carry out a livestock nutrient management plan, the \n Secretary shall, for a period of years not in excess of the \n term of the contract, make an annual rental payment to the \n owner or operator in an amount equal to the product obtained by \n multiplying--\n ``(A) 10 percent of the simple average price \n received by owners and operators for each type of \n livestock covered by the plan during the 5 marketing \n years immediately preceding the year covered by the \n annual payment; by\n ``(B) the number of that type of livestock raised \n by the owner or operator during the year covered by the \n annual payment.\n ``(3) Limitation on payments.--The total amount of \n payments paid to an owner or operator under paragraphs \n (1) and (2) shall not exceed $50,000 for any fiscal \n year.\n ``(4) Technical assistance.--The Secretary shall use not \n less than 15 percent, nor more than 20 percent, of the funds \n that are made available to carry out this section for a fiscal \n year to provide technical assistance to owners and operators \n entering into contracts under this section.\n ``(5) Other payments.--Except as otherwise provided in this \n section, payments received by an owner or operator under this \n subsection shall be in addition to, and not affect, the total \n amount of payments that the owner or operator is otherwise \n eligible to receive under--\n ``(A) this Act;\n ``(B) the Federal Agriculture Improvement and \n Reform Act of 1996 (Public Law 104-127), including the \n Agricultural Market Transition Act (7 U.S.C. 7201 et \n seq.);\n ``(C) the Food, Agriculture, Conservation, and \n Trade Act of 1990 (Public Law 101-624); or\n ``(D) the Agricultural Act of 1949 (7 U.S.C. 1421 \n et seq.).''.\n\nSEC. 3. EFFECTIVE DATE.\n\n (a) In General.--This Act and the amendment made by this Act take \neffect on October 1, 1999.\n (b) Regulations.--Not later than 180 days after the date of \nenactment of this Act, the Secretary shall promulgate such regulations \nas are necessary to carry out this Act and the amendment made by this \nAct.","summary":"Requires a participant to submit a resource security plan or a livestock nutrient management plan. Sets forth three classes of resource security plan conservation practices, and bases rental payments upon classes implemented by the participant. Bases livestock nutrient management plan payments on the price and number of livestock covered by the contract.","title":"Conservation Security Act of 1999","text_len":13665,"sum_len":356} {"bill_id":"114_hr1513","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Union Integrity Act''.\n\nSEC. 2. WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES.\n\n The Labor-Management Reporting and Disclosure Act of 1959 (29 \nU.S.C. 401 et seq.) is amended--\n (1) by redesignating section 611 (29 U.S.C. 531) as section \n 612; and\n (2) by inserting after section 610 (29 U.S.C. 530), the \n following new section:\n\n ``whistleblower protection for union employees\n\n ``Sec. 611. (a) In General.--No labor organization shall terminate \nor in any other way discriminate against, or cause to be terminated or \ndiscriminated against, any covered employee of the labor organization \nby reason of the fact that such employee, whether at the initiative of \nthe employee or in the ordinary course of the duties of the employee \n(or any person acting pursuant to a request of the employee), has--\n ``(1) provided, caused to be provided, or is about to \n provide or cause to be provided, information to the labor \n organization, the Department of Labor, or any other State, \n local, or Federal government authority or law enforcement \n agency relating to any violation of, or any act or omission \n that the employee reasonably believes to be a violation of, any \n provision of this Act or any other provision of law that is \n subject to the jurisdiction of the Department of Labor, the \n National Labor Relations Board, or any rule, order, standard, \n or prohibition prescribed by the Department of Labor or the \n National Labor Relations Board;\n ``(2) testified or will testify in any proceeding resulting \n from the administration or enforcement of any provision of this \n Act or any other provision of law that is subject to the \n jurisdiction of the Department of Labor or National Labor \n Relations Board, or any rule, order, standard, or prohibition \n prescribed by the Department of Labor or the National Labor \n Relations Board;\n ``(3) filed, instituted, or caused to be filed or \n instituted any proceeding under this Act; or\n ``(4) objected to, or refused to participate in, any \n activity, policy, practice, or assigned task that the employee \n (or other such person) reasonably believed to be in violation \n of any law, rule, order, standard, or prohibition, subject to \n the jurisdiction of, or enforceable by, the Department of Labor \n or the National Labor Relations Board.\n ``(b) Definition of Covered Employee.--For the purposes of this \nsection, the term `covered employee' means any employee of a labor \norganization who receives financial compensation for his or her \nservices to the labor organization, including officers of the labor \norganization.\n ``(c) Procedures and Timetables.--\n ``(1) Complaint.--\n ``(A) In general.--A person who believes that he or \n she has been discharged or otherwise discriminated \n against by any person in violation of subsection (a) \n may file (or have any person file on his or her behalf) \n a complaint with the Secretary of Labor alleging such \n discharge or discrimination and identifying the person \n responsible for such act. Such a complaint must be \n filed not later than either--\n ``(i) 180 days after the date on which such \n alleged violation occurs; or\n ``(ii) 180 days after the conclusion of any \n internal appeals, review, or other judicial or \n investigative process conducted by the labor \n organization employing such person.\n ``(B) Actions of secretary of labor.--Upon receipt \n of such a complaint, the Secretary of Labor shall \n notify, in writing, the person named in the complaint \n who is alleged to have committed the violation, of--\n ``(i) the filing of the complaint;\n ``(ii) the allegations contained in the \n complaint;\n ``(iii) the substance of evidence \n supporting the complaint; and\n ``(iv) opportunities that will be afforded \n to such person under paragraph (2).\n ``(2) Investigation by secretary of labor.--\n ``(A) In general.--Not later than 60 days after the \n date of receipt of a complaint filed under paragraph \n (1), and after affording the complainant and the person \n named in the complaint who is alleged to have committed \n the violation that is the basis for the complaint an \n opportunity to submit to the Secretary of Labor a \n written response to the complaint and an opportunity to \n meet with a representative of the Secretary of Labor to \n present statements from witnesses, the Secretary of \n Labor shall--\n ``(i) initiate an investigation and \n determine whether there is reasonable cause to \n believe that the complaint has merit; and\n ``(ii) notify the complainant and the \n person alleged to have committed the violation \n of subsection (a), in writing, of such \n determination.\n ``(B) Notice of relief available.--If the Secretary \n of Labor concludes that there is reasonable cause to \n believe that a violation of subsection (a) has \n occurred, the Secretary of Labor shall, together with \n the notice under subparagraph (A)(ii), issue a \n preliminary order providing the relief prescribed by \n paragraph (4)(B).\n ``(C) Request for hearing.--Not later than 30 days \n after the date of receipt of notification of a \n determination of the Secretary of Labor under this \n paragraph, either the person alleged to have committed \n the violation or the complainant may file objections to \n the findings or preliminary order, or both, and request \n a hearing on the record. The filing of such objections \n shall not operate to stay any reinstatement remedy \n contained in the preliminary order. Any such hearing \n shall be conducted expeditiously, and if a hearing is \n not requested in such 30-day period, the preliminary \n order shall be deemed a final order that is not subject \n to judicial review.\n ``(3) Grounds for determination of complaints.--\n ``(A) In general.--The Secretary of Labor shall \n dismiss a complaint filed under this subsection, and \n shall not conduct an investigation otherwise required \n under paragraph (2), unless the complainant makes a \n prima facie showing that any behavior described in \n paragraphs (1) through (4) of subsection (a) was a \n contributing factor in the unfavorable personnel action \n alleged in the complaint.\n ``(B) Rebuttal evidence.--Notwithstanding a finding \n by the Secretary of Labor that the complainant has made \n the showing required under subparagraph (A), no \n investigation otherwise required under paragraph (2) \n shall be conducted, if the labor organization \n demonstrates, by clear and convincing evidence, that \n the labor organization would have taken the same \n unfavorable personnel action in the absence of that \n behavior.\n ``(C) Evidentiary standards.--The Secretary of \n Labor may determine that a violation of subsection (a) \n has occurred only if the complainant demonstrates that \n any behavior described in paragraphs (1) through (4) of \n subsection (a) was a contributing factor in the \n unfavorable personnel action alleged in the complaint. \n Relief may not be ordered under subparagraph (A) if the \n labor organization demonstrates by clear and convincing \n evidence that the labor organization would have taken \n the same unfavorable personnel action in the absence of \n that behavior.\n ``(4) Issuance of final orders; review procedures.--\n ``(A) Timing.--Not later than 120 days after the \n date of conclusion of any hearing under paragraph (2), \n the Secretary of Labor shall issue a final order \n providing the relief prescribed by this paragraph or \n denying the complaint. At any time before issuance of a \n final order, a proceeding under this subsection may be \n terminated on the basis of a settlement agreement \n entered into by the Secretary of Labor, the \n complainant, and the person alleged to have committed \n the violation.\n ``(B) Penalties.--\n ``(i) Order of secretary of labor.--If, in \n response to a complaint filed under paragraph \n (1), the Secretary of Labor determines that a \n violation of subsection (a) has occurred, the \n Secretary of Labor shall order the person who \n committed such violation--\n ``(I) to take affirmative action to \n abate the violation;\n ``(II) to reinstate the complainant \n to his or her former position, together \n with compensation (including back pay) \n and restore the terms, conditions, and \n privileges associated with his or her \n employment; and\n ``(III) to provide compensatory \n damages to the complainant.\n ``(ii) Penalty.--If an order is issued \n under clause (i), the Secretary of Labor, at \n the request of the complainant, shall assess \n against the person against whom the order is \n issued, a sum equal to the aggregate amount of \n all costs and expenses (including attorney fees \n and expert witness fees) reasonably incurred, \n as determined by the Secretary of Labor, by the \n complainant for, or in connection with, the \n bringing of the complaint upon which the order \n was issued.\n ``(C) Penalty for frivolous claims.--If the \n Secretary of Labor finds that a complaint under \n paragraph (1) is frivolous or has been brought in bad \n faith, the Secretary of Labor may award to the \n prevailing labor organization a reasonable attorney \n fee, not exceeding $1,000, to be paid by the \n complainant.\n ``(D) De novo review.--\n ``(i) Failure of the secretary to act.--If \n the Secretary of Labor has not issued a final \n order within 210 days after the date of filing \n of a complaint under this subsection, or within \n 90 days after the date of receipt of a written \n determination, the complainant may bring an \n action at law or equity for de novo review in \n the appropriate district court of the United \n States having jurisdiction, which shall have \n jurisdiction over such an action without regard \n to the amount in controversy, and which action \n shall, at the request of either party to such \n action, be tried by the court with a jury.\n ``(ii) Procedures.--A proceeding under \n clause (i) shall be governed by the same legal \n burdens of proof specified in paragraph (3). \n The court shall have jurisdiction to grant all \n relief necessary to make the employee whole, \n including injunctive relief and compensatory \n damages, including--\n ``(I) reinstatement with the same \n seniority status that the employee \n would have had, but for the discharge \n or discrimination;\n ``(II) the amount of back pay, with \n interest; and\n ``(III) compensation for any \n special damages sustained as a result \n of the discharge or discrimination, \n including litigation costs, expert \n witness fees, and reasonable attorney \n fees.\n ``(E) Other appeals.--Unless the complainant brings \n an action under subparagraph (D), any person adversely \n affected or aggrieved by a final order issued under \n subparagraph (A) may file a petition for review of the \n order in the United States Court of Appeals for the \n circuit in which the violation with respect to which \n the order was issued, allegedly occurred or the circuit \n in which the complainant resided on the date of such \n violation, not later than 60 days after the date of the \n issuance of the final order of the Secretary of Labor \n under subparagraph (A). Review shall conform to chapter \n 7 of title 5, United States Code. The commencement of \n proceedings under this subparagraph shall not, unless \n ordered by the court, operate as a stay of the order. \n An order of the Secretary of Labor with respect to \n which review could have been obtained under this \n subparagraph shall not be subject to judicial review in \n any criminal or other civil proceeding.\n ``(5) Failure to comply with order.--\n ``(A) Actions by the secretary.--If any person has \n failed to comply with a final order issued under \n paragraph (4), the Secretary of Labor may file a civil \n action in the United States district court for the \n district in which the violation was found to have \n occurred, or in the United States district court for \n the District of Columbia, to enforce such order. In \n actions brought under this paragraph, the district \n courts shall have jurisdiction to grant all appropriate \n relief including injunctive relief and compensatory \n damages.\n ``(B) Civil actions to compel compliance.--A person \n on whose behalf an order was issued under paragraph (4) \n may commence a civil action against the person to whom \n such order was issued to require compliance with such \n order. The appropriate United States district court \n shall have jurisdiction, without regard to the amount \n in controversy or the citizenship of the parties, to \n enforce such order.\n ``(C) Award of costs authorized.--The court, in \n issuing any final order under this paragraph, may award \n costs of litigation (including reasonable attorney and \n expert witness fees) to any party, whenever the court \n determines such award is appropriate.\n ``(D) Mandamus proceedings.--Any nondiscretionary \n duty imposed by this section shall be enforceable in a \n mandamus proceeding brought under section 1361 of title \n 28, United States Code.\n ``(d) Limitation of Preemption.--Nothing in this Act shall be \nconstrued--\n ``(1) to limit the ability of members of a labor \n organization to remove their elected or appointed officials \n through a democratic election conducted among such members; or\n ``(2) to preempt a State or local government from providing \n additional protections to employees of labor organizations who \n allege violations of subsection (a), provided that such \n protections do not limit the ability of members of a labor \n organization to remove their elected or appointed officials \n through a democratic ballot.\n ``(e) Unenforceability of Certain Agreements.--\n ``(1) No waiver of rights and remedies.--Notwithstanding \n any other provision of law, the rights and remedies provided \n for in this section may not be waived by any agreement, policy, \n form, or condition of employment, including by any predispute \n arbitration agreement.\n ``(2) No predispute arbitration agreements.--\n Notwithstanding any other provision of law, no predispute \n arbitration agreement shall be valid or enforceable to the \n extent that it requires arbitration of a dispute arising under \n this section.''.","summary":"Union Integrity Act Amends the Labor-Management Reporting and Disclosure Act of 1959 to prescribe whistleblower protections that prohibit a labor organization from discriminating against any of its employees who has: (1) provided information to the labor organization, the Department of Labor, or any other state, local, or federal government authority or law enforcement agency regarding any violation of the Act or any Department or National Labor Relations Board (NLRB) order. (2) testified in any Department or NLRB administrative or enforcement proceeding, (3) filed or instituted any such proceeding. Or (4) refused to perform an assigned task that the employee reasonably believed to be in violation of any law, order, or prohibition enforced by the Department or the NLRB. Prescribes procedures for filing and processing complaints for violations of this Act. Declares that nothing in this Act shall be construed to: (1) limit employees to remove elected or appointed union officials through a democratic election. Or (2) preempt a state or local government from providing additional protections to such employees who allege a violation, provided such protections do not limit the ability of those employees to remove such officials through a democratic ballot.","title":"Union Integrity Act","text_len":18683,"sum_len":1269} {"bill_id":"106_s2705","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Presidential Transition Act of \n2000''.\n\nSEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSITION ACT OF 1963.\n\n Section 3(a) of the Presidential Transition Act of 1963 (3 U.S.C. \n102 note) is amended--\n (1) in the matter preceding paragraph (1) by striking \n ``including--'' and inserting ``including the following:'';\n (2) in each of paragraphs (1) through (6) by striking the \n semicolon at the end and inserting a period; and\n (3) by adding at the end the following:\n ``(8)(A)(i) Payment of expenses during the transition for \n briefings, workshops, or other activities to acquaint key \n prospective Presidential appointees with the types of problems \n and challenges that most typically confront new political \n appointees when they make the transition from campaign and \n other prior activities to assuming the responsibility for \n governance after inauguration.\n ``(ii) Activities under this paragraph may include \n interchange between such appointees and individuals who--\n ``(I) held similar leadership roles in prior \n administrations;\n ``(II) are department or agency experts from the \n Office of Management and Budget or an Office of \n Inspector General of a department or agency; or\n ``(III) are relevant staff from the General \n Accounting Office.\n ``(iii) Activities under this paragraph may include \n training in records management to comply with section 2203 of \n title 44, United States Code, including training on the \n separation of Presidential records and personal records to \n comply with subsection (b) of that section.\n ``(iv) Activities under this paragraph may include training \n in human resources management and performance-based management.\n ``(B) Activities under this paragraph shall be conducted \n primarily for individuals the President-elect intends to \n nominate as department heads or appoint to key positions in the \n Executive Office of the President.\n ``(9)(A) Development of a transition directory by the \n Administrator for activities conducted under paragraph (8).\n ``(B) The transition directory shall be a compilation of \n Federal publications and materials with supplementary materials \n developed by the Administrator that provides information on the \n officers, organization, and statutory and administrative \n authorities, functions, duties, responsibilities, and mission \n of each department and agency.\n ``(10)(A) Notwithstanding subsection (b), consultation by \n the Administrator with any candidate for President or Vice \n President to develop a systems architecture plan for the \n computer and communications systems of the candidate to \n coordinate a transition to Federal systems, if the candidate is \n elected.\n ``(B) Consultations under this paragraph shall be conducted \n at the discretion of the Administrator.''.\n\nSEC. 3. REPORT ON IMPROVING THE FINANCIAL DISCLOSURE PROCESS FOR \n PRESIDENTIAL NOMINEES.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Office of Government Ethics shall conduct a \nstudy and submit a report on improvements to the financial disclosure \nprocess for Presidential nominees required to file reports under \nsection 101(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) \nto the Committee on Governmental Affairs of the Senate and the \nCommittee on Government Reform of the House of Representatives.\n (b) Content of Report.--\n (1) In general.--The report under this section shall \n include recommendations and legislative proposals on--\n (A) streamlining, standardizing, and coordinating \n the financial disclosure process and the requirements \n of financial disclosure reports under the Ethics in \n Government Act of 1978 (5 U.S.C. App.) for Presidential \n nominees;\n (B) avoiding duplication of effort and reducing the \n burden of filing with respect to financial disclosure \n of information to the White House Office, the Office of \n Government Ethics, and the Senate; and\n (C) any other relevant matter the Office of \n Government Ethics determines appropriate.\n (2) Limitation relating to conflicts of interest.--The \n recommendations and proposals under this subsection shall not \n (if implemented) have the effect of lessening substantive \n compliance with any conflict of interest requirement.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\n\n\n\n ","summary":"States that such activities may include interchange between such appointees and individuals who: (1) held similar leadership roles in prior administrations. (2) are department or agency experts from the Office of Management and Budget or a department or agency Office of Inspector General. Or (3) are relevant staff from the General Accounting Office. Permits such activities also to include training in: (1) records management, including training on the separation of Presidential records and personal records to comply with certain requirements. And (2) human resources management and performance-based management. Requires the Administrator to develop a transition directory for such activities, which compile Federal publications and materials with supplementary materials developed by the Administrator that provide information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. Requires the Administrator also to consult with any candidate for President or Vice President to develop a systems architecture plan for the candidate's computer and communications systems to coordinate a transition to Federal systems, if the candidate is elected. Directs the Office of Government Ethics to study and report to specified congressional committees on improvements to the mandatory financial disclosure process under the Ethics in Government Act of 1978 for presidential nominees. Authorizes appropriations.","title":"Presidential Transition Act of 2000","text_len":5928,"sum_len":1511} {"bill_id":"108_hr4550","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe, Efficient, Coordinated, \nUnified, Revitalized, Enhanced Visa Waiver Act''.\n\nSEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA \n WAIVER PARTICIPANTS.\n\n (a) In General.--The Secretary of Homeland Security shall \nestablish, as part of the integrated entry and exit data system \nrequired under section 110 of the Illegal Immigration Reform and \nImmigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic \nsystem through which an alien seeking to enter the United States \nwithout a visa under the visa waiver program described in section 217 \nof the Immigration and Nationality Act (8 U.S.C. 1187) is required to \nsubmit biographical information prior to embarkation.\n (b) Elements.--The electronic system required to be established \nunder subsection (a) shall satisfy the following requirements:\n (1) Electronic determination of eligibility.--The system \n shall include a method for an electronic determination to be \n made, and an electronic response to be provided, in 30 minutes \n or less, as to whether or not an alien submitting information \n as described in subsection (a) is eligible to be admitted to \n the United States as a nonimmigrant visitor described in \n section 101(a)(15)(B) of the Immigration and Nationality Act (8 \n U.S.C. 1101(a)(15)(B)).\n (2) Carrier obligations.--The system shall include a method \n for requiring--\n (A) carriers and other corporations described in \n section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to \n inquire electronically, prior to an alien passenger's \n embarkation without a visa, whether the alien has been \n determined, using the system described in this section, \n to be eligible for such an admission; and\n (B) the electronic response to such inquiry to be \n provided in 90 seconds or less.\n (3) Deployment.--The system shall be deployed as soon as \n possible after the date of the enactment of this Act.\n (4) Fee.--The Secretary of Homeland Security shall \n establish a fee to be charged to aliens described in subsection \n (a) that is set at a level that will ensure the recovery of the \n full costs of establishing and operating the system.\n (c) Consultation.--In developing the system, the Secretary of \nHomeland Security shall consult with, and allow for the system's review \nby, a private sector group consisting of individuals with expertise in \ntravel, tourism, privacy, national security, or computer security \nissues.\n\nSEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF \n ENTRY.\n\n Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows:\n ``(A) In general.--Not later than October 26, 2004, \n the Secretary of Homeland Security, in consultation \n with the Secretary of State, shall install at all ports \n of entry into the United States equipment and software \n to allow biometric comparison and authentication of all \n United States visas and other travel and entry \n documents issued to aliens. Not later than October 26, \n 2005, the Secretary of Homeland Security, in \n consultation with the Secretary of State, shall install \n at all ports of entry into the United States equipment \n and software to allow biometric comparison and \n authentication of passports issued pursuant to \n subsection (c)(1).''.\n\nSEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE.\n\n Section 303(c) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and \n(2), by striking ``2004,'' and inserting ``2005,''.\n\nSEC. 5. LIMITED GOOD FAITH WAIVER.\n\n Section 303(c) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(c)) is amended by adding at the end the \nfollowing:\n ``(3) Limited good faith waiver.--\n ``(A) In general.--The Secretary of Homeland \n Security, in consultation with the Secretary of State, \n may grant not more than 2 extensions for a country, and \n its nationals, of the deadlines in paragraphs (1) and \n (2), respectively, upon a determination that the \n country is making substantial progress towards ensuring \n that the passports the country issues to its nationals \n satisfy the requirements of paragraph (1). Each such \n extension shall be for a period not exceeding 6 months.\n ``(B) Factors.--In determining whether a country is \n making substantial progress under subparagraph (A), the \n Secretary of Homeland Security shall take into account \n the following factors, which shall be certified by the \n Secretary of State:\n ``(i) Whether the country has made a good \n faith effort to satisfy the requirements of \n paragraph (1) not later than October 26, 2005.\n ``(ii) Whether the country has a program \n designed to satisfy the requirements of \n paragraph (1) not later than October 26, 2006.\n ``(iii) Whether the country has commenced a \n pilot program under which some number of \n passports that satisfy the requirements of \n paragraph (1) will be issued before March 26, \n 2006.\n ``(4) Reports.--\n ``(A) Initial.--Not later than October 26, 2005, \n the Secretary of Homeland Security, in consultation \n with the Secretary of State, shall issue an initial \n report on the status of countries' progress in meeting \n the requirements of paragraph (1).\n ``(B) Final.--Not later than April 25, 2006, the \n Secretary of Homeland Security, in consultation with \n the Secretary of State, shall issue a final report on \n the status of countries' progress in meeting the \n requirements of paragraph (1).''.\n\nSEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.\n\n Section 303 of the Enhanced Border Security and Visa Entry Reform \nAct (8 U.S.C. 1732) is amended by striking ``Attorney General'' each \nplace that term appears and inserting ``Secretary of Homeland \nSecurity''.","summary":"Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act - Directs the Secretary of Homeland Security to establish an electronic system that requires aliens seeking entry to the United States under the visa waiver program (VWP) to submit biographical information prior to embarkation. Requires such system to: (1) make electronic determinations of eligibility for admission within 30 minutes. (2) require carriers and other corporations providing transportation to inquire electronically, prior to embarkation, whether the alien has been determined eligible for admission and to respond to such inquiries within 90 seconds. And (3) be deployed as soon as possible. Requires the Secretary: (1) to charge a fee to VWP aliens that ensures the recovery of the full costs of establishing and operating the system. And (2) in developing the system, to consult with and allow for review by a private sector group consisting of experts in travel, tourism, privacy, national security, or computer security issues. Amends the Enhanced Border Security and Visa Entry Reform Act to extend by one year: (1) the deadline for installing equipment and software at US ports of entry to allow biometric comparison and authentication of machine-readable passports issued by VWP countries. And (2) the deadline for VWP aliens to present such passports. Authorizes the Secretary to grant up to two extensions of the new deadlines where the VWP country is making substantial progress toward issuing machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers.","title":"To secure the visa waiver program under section 217 of the Immigration and Nationality Act, and for other purposes.","text_len":6960,"sum_len":1609} {"bill_id":"108_hr3973","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spending Control Act of 2004''.\n\nSEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.\n\n (a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 is amended by \ninserting a dash after ``2005'', by redesignating the remaining portion \nof such paragraph as subparagraph (B) and by moving it two ems to the \nright, and by inserting after the dash the following new subparagraph:\n ``(A) for the general purpose discretionary \n category: $____ in new budget authority and $____ in \n outlays; and''.\n (2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by inserting a dash after ``2006'', by \nredesignating the remaining portion of such paragraph as subparagraph \n(B) and by moving it two ems to the right, and by inserting after the \ndash the following new subparagraph:\n ``(A) for the general purpose discretionary \n category: $____ in new budget authority and $____ in \n outlays; and''.\n (3) Section 251(c) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by redesignating paragraphs (4) through \n(9) as paragraphs (7) through (12) and inserting after paragraph (3) \nthe following new paragraphs:\n ``(4) with respect to fiscal year 2007 for the general \n purpose discretionary category: $____ in new budget authority \n and $____ in outlays;\n ``(5) with respect to fiscal year 2008 for the general \n purpose discretionary category: $____ in new budget authority \n and $____ in outlays; and\n ``(6) with respect to fiscal year 2009 for the general \n purpose discretionary category: $____ in new budget authority \n and $____ in outlays;''.\n (b) Advance Appropriations.--Section 251 of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by adding at the end \nthe following new subsection:\n ``(d) Advance Appropriations.--In any of fiscal years 2005 through \n2009, discretionary advance appropriations provided in appropriation \nActs in excess of $____ shall be counted against the discretionary \nspending limits for the fiscal year for which the appropriation Act \ncontaining the advance appropriation is enacted.''.\n\nSEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.\n\n (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended to read as follows:\n ``(a) Purpose.--The purpose of this section is to assure that any \nlegislation that is enacted before October 1, 2009, that causes a net \nincrease in direct spending will trigger an offsetting \nsequestration.''.\n (b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended by striking ``any net deficit \nincrease'' and all that follows through ``2002,'' and by inserting \n``any net increase in direct spending enacted before October 1, \n2009,''.\n (c) Calculation of Direct Spending Increase.--Section 252(b)(2) of \nthe Balanced Budget and Emergency Deficit Control Act of 1985 is \namended--\n (1) by striking ``deficit'' the first place it appears and \n inserting ``direct spending'';\n (2) in subparagraph (A) by striking ``and receipts'';\n (3) in subparagraph (C) by striking ``and receipts''; and\n (4) by amending the heading to read as follows: \n ``Calculation of direct spending increase.--''.\n (d) Conforming Amendments.--(1) The heading of section 252(c) of \nthe Balanced Budget and Emergency Deficit Control Act of 1985 is \namended to read as follows: ``Eliminating a Direct Spending Increase.--\n''.\n (2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended by \nstriking ``or receipts'' each place it appears.\n (3) Section 252(e) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by striking ``or receipts'' and by \nstriking ``, outlays, and receipts'' and inserting ``and outlays''.\n (4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended--\n (A) in subparagraph (A) by striking ``net deficit increase \n or decrease'' and by inserting ``net increase or decrease in \n direct spending'';\n (B) in subparagraph (B) by striking ``amount of deficit \n increase or decrease'' and by inserting ``increase or decrease \n in direct spending''; and\n (C) in subparagraph (C) by striking ``a deficit increase'' \n and by inserting ``an increase in direct spending''.\n\nSEC. 4. DEFINITIONS.\n\n (a) In General.--Section 250(c) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by adding at the end \nthe following new paragraphs:\n ``(20) The term `advance appropriation' means \n appropriations that first become available one fiscal year or \n more beyond the fiscal year for which an appropriation Act \n making such funds available is enacted.\n ``(21)(A) Except as provided by subparagraph (B), the term \n `emergency requirement' means any provision that provides new \n budget authority and resulting outlays for a situation that \n poses a threat to life, property, or national security and is--\n ``(i) sudden, quickly coming into being, and not \n building up over time;\n ``(ii) an urgent, pressing, and compelling need \n requiring immediate action;\n ``(iii) subject to subparagraph (B), unforeseen, \n unpredictable, and unanticipated; and\n ``(iv) not permanent, temporary in nature.\n ``(B) An emergency that is part of an aggregate level of \n anticipated emergencies, particularly when normally estimated \n in advance, is not unforeseen.''.\n (b) Contingency Operations Related to Global War on Terrorism.--\nSection 251(b)(2) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by adding at the end the following new \nsubparagraph:\n ``(I) Contingency operations related to global war \n on terrorism.--If supplemental appropriations for \n discretionary accounts are enacted for contingency \n operations related to the global war on terrorism that, \n pursuant to this subparagraph, the President designates \n as a contingency operation related to the global war on \n terrorism and the Congress so designates in statute, \n the adjustment shall be the total of such \n appropriations in discretionary accounts so designated \n and the outlays flowing in all fiscal years from such \n appropriations.''.\n (c) Conforming Amendment.--The second sentence of section \n250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act \nof 1985 is amended to read as follows: ``The general purpose \ndiscretionary category shall consist of accounts designated in the \njoint explanatory statement of managers accompanying the conference \nreport on the Spending Control Act of 2004.''.\n\nSEC. 5. PROJECTIONS UNDER SECTION 257.\n\n Section 257(c) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by inserting after paragraph (6) the following \nnew paragraph:\n ``(7) Emergencies.--New budgetary resources designated \n under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed \n beyond the fiscal year for which they have been enacted.''.\n\nSEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS \n LEGISLATION.\n\n Section 252(d)(4) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by striking ``and'' at the end of \nsubparagraph (A), by striking the period and inserting ``; and'' at the \nend of subparagraph (B), and by adding at the end the following new \nsubparagraph:\n ``(C) extending provisions in the Economic Growth \n and Tax Relief Reconciliation Act of 2001 or provisions \n in sections 101 through 104, section 202, or sections \n 301 and 302 of the Jobs and Growth Tax Relief \n Reconciliation Act of 2003.''.\n\nSEC. 7. REPORTS.\n\n Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended by \nstriking ``2002'' and inserting ``2009''.\n\nSEC. 8. EXPIRATION.\n\n Section 275(b) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by striking ``2002'' and inserting ``2009'' and \nby striking ``2006'' and inserting ``2013''.\n\nSEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY \n DEFICIT CONTROL ACT OF 1985.\n\n Part C of the Balanced Budget and Emergency Deficit Control Act of \n1985 is amended as follows:\n (1) In section 250(a), strike ``SEC. 256. GENERAL AND \n SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General \n and special sequestration rules'' in the item relating to \n section 256.\n (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of \n section 250(c)(4), insert ``subparagraph'' after ``described \n in'' each place it appears.\n (3) In section 250(c)(18), insert ``of'' after \n ``expenses''.\n (4) In section 251(b)(1)(A), strike ``committees'' the \n first place it appears and insert ``Committees''.\n (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and \n insert ``fiscal year''.\n (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' \n and insert ``fiscal year''.\n (7) In section 252(b)(2)(B), insert ``the'' before ``budget \n year''.\n (8) In section 252(c)(1)(C)(i), strike ``paragraph (1)'' \n and insert ``subsection (b)''.\n (9) In section 254(c)(3)(A), strike ``subsection'' and \n insert ``section''.\n (10) In section 254(f)(4), strike ``subsection'' and insert \n ``section'' and strike ``sequesterable'' and insert \n ``sequestrable''.\n (11) In section 255(g)(1)(B), move the fourteenth \n undesignated clause 2 ems to the right.\n (12) In section 255(g)(2), insert ``and'' after the \n semicolon at the end of the next-to-last undesignated clause.\n (13) In section 255(h)--\n (A) strike ``and'' after the semicolon in the ninth \n undesignated clause;\n (B) insert ``and'' after the semicolon at the end \n of the tenth undesignated clause; and\n (C) strike the semicolon at the end and insert a \n period.\n (14) In section 256(k)(1), strike ``paragraph (5)'' and \n insert ``paragraph (6)''.\n (15) In section 257(b)(2)(A)(i), strike ``differenes'' and \n insert ``differences''.\n\n\n\n\n ","summary":"Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to establish for FY 2005 through 2009 unspecified discretionary spending limits for the general purpose discretionary category in new budget authority and outlays. Provides that, in any of such fiscal years, discretionary advance appropriations provided in appropriation Acts in excess of an unspecified amount shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Extends PAY-AS-YOU-GO requirements through FY 2009 to provide for an offsetting sequestration for direct spending legislation that is enacted before October 1, 2009, that causes a net increase in direct spending . Modifies the formula used to calculate the amount of direct spending increase to exclude receipts. Provides that, if supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that the President designates and Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from them. States that the general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on this Act. Makes revisions to the baseline calculation for discretionary appropriations to prohibit the assumption beyond the fiscal year for which they have been enacted of any new budget resources designated by the President and by Congress in statute for emergency appropriations or for supplemental appropriations for contingency operations related to global war on terrorism. Requires the Office of Management and Budget (OMB) cost estimates on direct spending or receipts legislation to exclude any amount resulting from extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or in the Growth Tax Relief Reconciliation Act of 2003 relating to certain individual tax rate reductions, tax benefits to children, and marriage penalty relief. Requires the estimates set forth in the discretionary sequestration preview reports and such final reports issued by OMB and the Congressional Budget Office to include the current year and each subsequent year through FY 2009. Extends: (1) certain budget enforcement requirements through FY 2009, and (2) PAY-AS-YOU-GO requirements through FY 2013.","title":"To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits and pay-as-you-go through fiscal year 2009.","text_len":11318,"sum_len":2555} {"bill_id":"106_hr1525","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Contractor Clarification \nAct of 1999''.\n\nSEC. 2. DETERMINATION OF EMPLOYEE AND EMPLOYER STATUS.\n\n (a) In General.--Subsection (c) of section 7701 of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(c) Employee and Employer.--\n ``(1) In general.--For purposes of this title, except as \n otherwise expressly provided in this title--\n ``(A) an individual (hereinafter in this subsection \n referred to as the `service provider') performing \n services for another person (hereinafter in this \n subsection referred to as the `service recipient') \n shall be treated as an employee of the service \n recipient, and\n ``(B) the service recipient shall be treated as the \n employer of such service provider,\n unless the requirements of each of the subparagraphs of \n paragraph (3) have been satisfied.\n ``(2) Repeal of common law tests.--The rules of this \n subsection shall apply in lieu of any common law rules which \n would otherwise apply.\n ``(3) Requirements.--\n ``(A) Lack of control by service recipient.--The \n requirements of this subparagraph are met only if the \n service provider has the right, to the exclusion of the \n service recipient, to control and direct the manner of, \n and the means used in, the service provider's \n performance of services for the service recipient.\n ``(B) Availability of service to others.--The \n requirements of this subparagraph are met only if the \n service provider--\n ``(i) makes substantially similar services \n available to others, and\n ``(ii) is not precluded by the service \n recipient from soliciting business \n opportunities that involve providing \n substantially similar services for other \n persons during the period that the service \n provider is providing services for the service \n recipient.\n ``(C) Entrepreneurial risk.--The requirements of \n this subparagraph are met only if--\n ``(i) in the service provider's overall \n business activities, the service provider has \n the potential to generate profit and bears risk \n of loss and the extent to which profit is \n generated or loss is sustained depends on the \n service provider's efforts and decisions other \n than as to the amount of work performed, and\n ``(ii) in the event the service provider \n fails to perform the work in accordance with \n the service recipient's requirements, the \n service provider is either subject to liability \n to the service recipient for damages arising \n from claims sounding in contract or would be \n subject to such liability but for a waiver by \n the service recipient.\n ``(4) Person.--For purposes of this subsection, the term \n `person' includes any governmental unit (and any agency or \n instrumentality thereof).''\n (b) Repeal of Section 530 of Revenue Act of 1978.--Section 530 of \nthe Revenue Act of 1978 is hereby repealed.\n (c) Conforming Amendments.--\n (1) Paragraph (2) of section 3121(d) of such Code is \n amended to read as follows:\n ``(2) any individual who is treated as an employee under \n section 7701(c); or''.\n (2) Paragraph (2) of section 210(j) of the Social Security \n Act is amended to read as follows:\n ``(2) any individual who is treated as an employee under \n section 7701(c) of the Internal Revenue Code of 1986; or''.\n (3) Subsection (a) of section 7701 of such Code is amended \n by inserting after paragraph (33) the following new paragraph:\n ``(34) Includes and including.--The terms `includes' and \n `including' when used in a definition contained in this title \n shall not be deemed to exclude other things otherwise within \n the meaning of the term defined.''\n (d) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to services \n performed after December 31, 2000.\n (2) Repeal of limitations on regulations and rulings.--The \n repeal made by subsection (b), insofar as it relates to section \n 530(b) of the Revenue Act of 1978, shall take effect on the \n date of the enactment of this Act; except that regulations and \n Revenue Rulings permitted to be issued by reason of such repeal \n may not apply to services performed before January 1, 2001.\n\nSEC. 3. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS.\n\n (a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986 \n(relating to general provisions applicable to employment taxes) is \namended by adding at the end the following new section:\n\n``SEC. 3511. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX \n RECLASSIFICATIONS.\n\n ``(a) General Rule.--If--\n ``(1) for purposes of employment taxes, the taxpayer treats \n an individual as not being an employee for any period after \n December 31, 2000, and\n ``(2) for such period, the taxpayer meets--\n ``(A) the consistency requirements of subsection \n (b),\n ``(B) the return filing requirements of subsection \n (c), and\n ``(C) the safe harbor requirement of subsection \n (d),\nfor purposes of applying this subtitle for such period, the individual \nshall be deemed not to be an employee of the taxpayer for such period. \nThe preceding sentence shall cease to apply to periods beginning more \nthan 60 days after the date that the Secretary notifies the taxpayer in \nwriting of a final administrative determination that the taxpayer \nshould treat such individual (or any individual holding a substantially \nsimilar position) as an employee.\n ``(b) Consistency Requirements.--A taxpayer meets the consistency \nrequirements of this subsection with respect to any individual for any \nperiod if the taxpayer treats such individual (and all other \nindividuals holding substantially similar positions) as not being an \nemployee for purposes of the employment taxes for such period and all \nprior periods after December 31, 1978.\n ``(c) Return Filing Requirements.--The taxpayer meets the return \nfiling requirements of this subsection with respect to any individual \nfor any period if all Federal tax returns (including information \nreturns) required to be filed by the taxpayer for such period with \nrespect to such individual are filed on a basis consistent with the \ntaxpayer's treatment of such individual as not being an employee.\n ``(d) Safe Harbors.--\n ``(1) In general.--The taxpayer meets the safe harbor \n requirement of this subsection with respect to any individual \n for any period if the taxpayer establishes that its treatment \n of such individual as not being an employee for such period \n was--\n ``(A) in reasonable reliance on a written \n determination (as defined in section 6110(b)(1)) issued \n to the taxpayer that addressed the employment status of \n the individual or an individual holding a substantially \n similar position with the taxpayer;\n ``(B) in reasonable reliance on a concluded \n Internal Revenue Service audit of the taxpayer in which \n the employment status of the individual or any \n individual holding a substantially similar position \n with the taxpayer was examined and the taxpayer was \n notified in writing that no change would be made to \n such individual's employment status; or\n ``(C) supported by substantial authority.\n For purposes of subparagraph (C), the term `substantial \n authority' has the same meaning as when used in section \n 6662(d)(2)(B)(i); except that such term shall not include (i) \n any private letter ruling issued to a person other than the \n taxpayer, and (ii) any authority that does not address the \n employment status of individuals holding positions \n substantially similar to that of the individual.\n ``(2) Special rules.--\n ``(A) Application to pre-2001 determinations, \n etc.--Paragraph (1) shall apply without regard to \n whether the determination, audit, or the authority \n referred to therein was before January 1, 2001.\n ``(B) Subsequent authority.--The taxpayer shall not \n be considered to meet the safe harbor requirement of \nparagraph (1) with respect to any individual for any period if the \ntreatment of such individual as not being an employee is inconsistent \nwith any regulation, Revenue Ruling, Revenue Procedure, or other \nauthority--\n ``(i) which is published by the Secretary \n at least 60 days before the beginning of such \n period and after the date of the determination, \n the conclusion of the audit, or the substantial \n authority referred to in paragraph (1), and\n ``(ii) which applies to the type of \n services performed by such individual or the \n industry or business in which such services are \n performed.\n ``(3) Transitional rule.--Except as provided in paragraph \n (2)(B), the taxpayer shall be considered to meet the safe \n harbor requirement of paragraph (1) with respect to services \n performed by an individual during 2001 or 2002 if the taxpayer \n would be treated under section 530 of the Revenue Act of 1978 \n (as in effect on the day before the date of the enactment of \n this section) as having a reasonable basis for not treating \n such individual as an employee.\n ``(e) Other Special Rules.--\n ``(1) Notice.--An officer or employee of the Internal \n Revenue Service shall, before or at the commencement of any \n audit inquiry relating to the employment status of one or more \n individuals who perform services for the taxpayer, provide the \n taxpayer with a written notice of the provisions of this \n section.\n ``(2) Availability of safe harbors.--Nothing in this \n section shall be construed to provide that this section only \n applies where the individual involved is otherwise an employee \n of the taxpayer.\n ``(f) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Employment tax.--The term `employment tax' means any \n tax imposed by this subtitle.\n ``(2) Employment status.--The term `employment status' \n means the status of an individual as an employee or as an \n independent contractor (or other individual who is not an \n employee).\n ``(3) Taxpayer.--The term `taxpayer' includes any person or \n entity (including a governmental entity) which is (or would be \n but for this section) liable for any employment tax. Such term \n includes any predecessor or successor to the taxpayer.\n ``(4) Substantially similar position.--The determination as \n to whether an individual holds a position substantially similar \n to a position held by another individual shall include \n consideration of the relationship between the taxpayer and such \n individuals.\n ``(g) Regulations.--The Secretary shall prescribe such regulations \nas may be appropriate to carry out the purposes of this section.''\n (b) Clerical Amendment.--The table of sections for chapter 25 of \nsuch Code is amended by adding at the end the following new item:\n\n ``Sec. 3511. Limitations on retroactive \n employment tax \n reclassifications.''\n (c) Effective Date.--The amendments made by this section shall \napply to all periods beginning after December 31, 2000.\n\nSEC. 4. STATUTE OF LIMITATIONS ON ASSESSMENT OF EMPLOYMENT TAXES TO RUN \n BEGINNING ON DATE CERTAIN INFORMATION RETURNS FILED.\n\n (a) In General.--Subsection (b) of section 6501 of the Internal \nRevenue Code of 1986 (relating to limitations on assessment and \ncollection) is amended by adding at the end the following new \nparagraph:\n ``(5) Certain information returns to begin limitation \n periods on employment taxes.--For purposes of this section, \n if--\n ``(A) a return is filed under section 6041 or 6041A \n which specifies an amount of payments made to any \n individual for services performed by such individual, \n and\n ``(B) such payments are not taken into account in \n determining the taxes imposed by chapters 21 and 24,\n then, notwithstanding the last sentence of subsection (a), such \n return shall be treated as the return referred to in subsection \n (a) for purposes of determining the period of limitations with \n respect to such taxes on such services.''\n (b) Effective Date.--The amendment made by this section shall apply \nto payments made after December 31, 2000.","summary":"Sets forth restrictions on retroactive employment tax reclassifications, including safe harbor requirements. Provides that the statute of limitations on assessment of employment taxes shall run beginning on the date certain information returns are filed.","title":"Independent Contractor Clarification Act of 1999","text_len":14386,"sum_len":254} {"bill_id":"105_s2003","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Notch Fairness Act of 1998''.\n\nSEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE \n ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.\n\n (a) In General.--Section 215(a) of the Social Security Act is \namended--\n (1) in paragraph (4)(B), by inserting ``(with or without \n the application of paragraph (8))'' after ``would be made'', \n and by striking ``1984'' in clause (i) and inserting ``1989''; \n and\n (2) by adding at the end the following:\n ``(8)(A) In the case of an individual described in paragraph (4)(B) \n(subject to subparagraphs (F) and (G) of this paragraph), the amount of \nthe individual's primary insurance amount as computed or recomputed \nunder paragraph (1) shall be deemed equal to the sum of--\n ``(i) such amount, and\n ``(ii) the applicable transitional increase amount (if \n any).\n ``(B) For purposes of subparagraph (A)(ii), the term `applicable \ntransitional increase amount' means, in the case of any individual, the \nproduct derived by multiplying--\n ``(i) the excess under former law, by\n ``(ii) the applicable percentage in relation to the year in \n which the individual becomes eligible for old-age insurance \n benefits, as determined by the following table:\n\n ``If the individual\n \n becomes eligible for\n The applicable\n such benefits in:\n percentage is:\n 1979............................... 55 percent \n 1980............................... 45 percent \n 1981............................... 35 percent \n 1982............................... 32 percent \n 1983............................... 25 percent \n 1984............................... 20 percent \n 1985............................... 16 percent \n 1986............................... 10 percent \n 1987............................... 3 percent \n 1988............................... 5 percent.\n ``(C) For purposes of subparagraph (B), the term `excess under \nformer law' means, in the case of any individual, the excess of--\n ``(i) the applicable former law primary insurance amount, \n over\n ``(ii) the amount which would be such individual's primary \n insurance amount if computed or recomputed under this section \n without regard to this paragraph and paragraphs (4), (5), and \n (6).\n ``(D) For purposes of subparagraph (C)(i), the term `applicable \nformer law primary insurance amount' means, in the case of any \nindividual, the amount which would be such individual's primary \ninsurance amount if it were--\n ``(i) computed or recomputed (pursuant to paragraph \n (4)(B)(i)) under section 215(a) as in effect in December 1978, \n or\n ``(ii) computed or recomputed (pursuant to paragraph \n (4)(B)(ii)) as provided by subsection (d),\n(as applicable) and modified as provided by subparagraph (E).\n ``(E) In determining the amount which would be an individual's \nprimary insurance amount as provided in subparagraph (D)--\n ``(i) subsection (b)(4) shall not apply;\n ``(ii) section 215(b) as in effect in December 1978 shall \n apply, except that section 215(b)(2)(C) (as then in effect) \n shall be deemed to provide that an individual's `computation \n base years' may include only calendar years in the period after \n 1950 (or 1936 if applicable) and ending with the calendar year \n in which such individual attains age 61, plus the 3 calendar \n years after such period for which the total of such \n individual's wages and self-employment income is the largest; \n and\n ``(iii) subdivision (I) in the last sentence of paragraph \n (4) shall be applied as though the words `without regard to any \n increases in that table' in such subdivision read `including \n any increases in that table'.\n ``(F) This paragraph shall apply in the case of any individual only \nif such application results in a primary insurance amount for such \nindividual that is greater than it would be if computed or recomputed \nunder paragraph (4)(B) without regard to this paragraph.\n ``(G)(i) This paragraph shall apply in the case of any individual \nsubject to any timely election to receive lump sum payments under this \nsubparagraph.\n ``(ii) A written election to receive lump sum payments under this \nsubparagraph, in lieu of the application of this paragraph to the \ncomputation of the primary insurance amount of an individual described \nin paragraph (4)(B), may be filed with the Commissioner of Social \nSecurity in such form and manner as shall be prescribed in regulations \nof the Commissioner. Any such election may be filed by such individual \nor, in the event of such individual's death before any such election is \nfiled by such individual, by any other beneficiary entitled to benefits \nunder section 202 on the basis of such individual's wages and self-\nemployment income. Any such election filed after December 31, 1998, \nshall be null and void and of no effect.\n ``(iii) Upon receipt by the Commissioner of a timely election filed \nby the individual described in paragraph (4)(B) in accordance with \nclause (ii)--\n ``(I) the Commissioner shall certify receipt of such \n election to the Secretary of the Treasury, and the Secretary of \n the Treasury, after receipt of such certification, shall pay \n such individual, from amounts in the Federal Old-Age and \n Survivors Insurance Trust Fund, a total amount equal to $5,000, \n in 4 annual lump sum installments of $1,250, the first of which \n shall be made during fiscal year 1999 not later than July 1, \n 1999, and\n ``(II) subparagraph (A) shall not apply in determining such \n individual's primary insurance amount.\n ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of \na timely election filed in accordance with clause (ii) by at least one \nbeneficiary entitled to benefits on the basis of the wages and self-\nemployment income of a deceased individual described in paragraph \n(4)(B), if such deceased individual has filed no timely election in \naccordance with clause (ii)--\n ``(I) the Commissioner shall certify receipt of all such \n elections received as of such date to the Secretary of the \n Treasury, and the Secretary of the Treasury, after receipt of \n such certification, shall pay each beneficiary filing such a \n timely election, from amounts in the Federal Old-Age and \n Survivors Insurance Trust Fund, a total amount equal to $5,000 \n (or, in the case of 2 or more such beneficiaries, such amount \n distributed evenly among such beneficiaries), in 4 equal annual \n lump sum installments, the first of which shall be made during \n fiscal year 1999 not later than July 1, 1999, and\n ``(II) solely for purposes of determining the amount of \n such beneficiary's benefits, subparagraph (A) shall be deemed \n not to apply in determining the deceased individual's primary \n insurance amount.''.\n (b) Effective Date and Related Rules.--\n (1) Applicability of amendments.--\n (A) In general.--Except as provided in paragraph \n (2), the amendments made by this Act shall be effective \n as though they had been included or reflected in \n section 201 of the Social Security Amendments of 1977.\n (B) Applicability.--No monthly benefit or primary \n insurance amount under title II of the Social Security \n Act shall be increased by reason of such amendments for \n any month before July 1999. The amendments made this \n section shall apply with respect to benefits payable in \n months in any fiscal year after fiscal year 2002 only \n if the corresponding decrease in adjusted discretionary \n spending limits for budget authority and outlays under \n section 3 of this Act for fiscal years prior to fiscal \n year 2003 is extended by Federal law to such fiscal \nyear after fiscal year 2002.\n (2) Recomputation to reflect benefit increases.--In any \n case in which an individual is entitled to monthly insurance \n benefits under title II of the Social Security Act for June \n 1999, if such benefits are based on a primary insurance amount \n computed--\n (A) under section 215 of such Act as in effect (by \n reason of the Social Security Amendments of 1977) after \n December 1978, or\n (B) under section 215 of such Act as in effect \n prior to January 1979 by reason of subsection (a)(4)(B) \n of such section (as amended by the Social Security \n Amendments of 1977),\n the Commissioner of Social Security (notwithstanding section \n 215(f)(1) of the Social Security Act) shall recompute such \n primary insurance amount so as to take into account the \n amendments made by this Act.\n\nSEC. 3. OFFSET PROVIDED BY PROJECTED FEDERAL BUDGET SURPLUSES.\n\n Amounts offset by this Act shall not be counted as direct spending \nfor purposes of the budgetary limits provided in the Congressional \nBudget Act of 1974 and the Balanced Budget and Emergency Deficit \nControl Act of 1985.","summary":"Notch Fairness Act of 1998 - Amends title II (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries , with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 .","title":"Notch Fairness Act of 1998","text_len":10067,"sum_len":932} {"bill_id":"105_hr2695","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Expand and Rebuild America's Schools \nAct of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Many States and school districts will need to build new \n schools in order to accommodate increasing student enrollments; \n the Department of Education has predicted that the Nation will \n need 6,000 more schools by the year 2006.\n (2) In response to reduced class mandates enforced by State \n governments and increased enrollment, many school districts \n have been forced to utilize temporary classrooms and other \n structures to accommodate increased school populations, along \n with resorting to year-round schedules for students.\n (3) Research has proven a direct correlation between the \n condition of school facilities and student achievement. \n Recently, researchers found that students assigned to schools \n in poor condition can be expected to fall 10.9 percentage \n points behind those in buildings in excellent condition. \n Similar studies have demonstrated up to a 20 percent \n improvement in test scores when students were moved from a \n school with poor facilities to a new facility.\n (4) While school construction and maintenance are primarily \n a State and local concern, States and communities have not, on \n their own, met the increasing burden of providing acceptable \n school facilities, and the poorest communities have had the \n greatest difficulty meeting this need.\n (5) Many local educational agencies have difficulties \n securing financing for school facility construction and \n renovation, especially in States that require a \\2\/3\\ majority \n of voter approval for the passage of local bond initiatives.\n (6) The Federal Government, by providing interest subsidies \n and similar types of support, can lower the costs of State and \n local school infrastructure investment, creating an incentive \n for businesses to support local school infrastructure \n improvement efforts.\n (7) The United States competitive position within the world \n economy is vulnerable if America's future workforce continues \n to be educated in schools not equipped for the 21st century. \n America must do everything in its power to properly educate its \n people to compete in the global marketplace.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to encourage public-private partnerships for the \n financing of school construction and expansion, and\n (2) to help local educational agencies bring all public \n school facilities up to an acceptable standard and build the \n additional classrooms needed to educate the growing number of \n students who will enroll in the next decade.\n\nSEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.\n\n ``(a) Allowance of Credit.--In the case of an eligible taxpayer who \nholds a school construction bond on the credit allowance date of such \nbond which occurs during the taxable year, there shall be allowed as a \ncredit against the tax imposed by this chapter for such taxable year \nthe amount determined under subsection (b).\n ``(b) Amount of Credit.--The amount of the credit determined under \nthis subsection with respect to any school construction bond is the \namount equal to the product of--\n ``(1) the credit rate determined by the Secretary under \n section 1397E(b)(2) for the month in which such bond was \n issued, multiplied by\n ``(2) the face amount of the bond held by the taxpayer on \n the credit allowance date.\n ``(c) Limitation Based on Amount of Tax.--The credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess of--\n ``(1) the sum of the regular tax liability (as defined in \n section 26(b)) plus the tax imposed by section 55, over\n ``(2) the sum of the credits allowable under this part \n (other than under this section and subpart C thereof, relating \n to refundable credits) and section 1397E.\n ``(d) School Construction Bond.--For purposes of this section--\n ``(1) In general.--The term `school construction bond' \n means any bond issued as part of an issue if--\n ``(A) 95 percent or more of the proceeds of such \n issue are to be used for a qualified purpose with \n respect to a new qualified school established by an \n eligible local education agency,\n ``(B) the bond is issued by a State or local \n government within the jurisdiction of which such school \n is located,\n ``(C) the issuer--\n ``(i) designates such bond for purposes of \n this section,\n ``(ii) certifies that it has written \n assurances that the private business \n contribution requirement of paragraph (2) will \n be met with respect to such school, and\n ``(iii) certifies that it has the written \n approval of the eligible local education agency \n for such bond issuance, and\n ``(D) the term of each bond which is part of such \n issue does not exceed the maximum term permitted under \n section 1397E(d)(3).\n ``(2) Private business contribution requirement.--\n ``(A) In general.--For purposes of paragraph (1), \n the private business contribution requirement of this \n paragraph is met with respect to any issue if the \n eligible local education agency that established the \n qualified school has written commitments from private \n entities to make qualified contributions having a \n present value (as of the date of issuance of the issue) \n of not less than 10 percent of the proceeds of the \n issue.\n ``(B) Qualified contributions.--For purposes of \n subparagraph (A), the term `qualified contribution' \n means any contribution (of a type and quality \n acceptable to the eligible local education agency) of--\n ``(i) equipment for use in the qualified \n school (including state-of-the-art technology \n and vocational equipment),\n ``(ii) technical assistance in developing \n curriculum or in training teachers in order to \n promote appropriate market driven technology in \n the classroom,\n ``(iii) services of employees as volunteer \n mentors,\n ``(iv) internships, field trips, or other \n educational opportunities outside the school \n for students, or\n ``(v) any other property or service \n specified by the eligible local education \n agency.\n ``(3) Qualified school.--\n ``(A) In general.--The term `qualified school' \n means any public school which is established by and \n operated under the supervision of an eligible local \n education agency to provide education or training below \n the postsecondary level if--\n ``(i) such public school is designed in \n cooperation with business to enhance the \n academic curriculum, increase graduation and \n employment rates, and better prepare students \n for the rigors of college and the increasingly \n complex workforce,\n ``(ii) students in such public school will \n be subject to the same academic standards and \n assessments as other students educated by the \n local education agency,\n ``(iii) a well-structured program to \n alleviate overcrowding and to improve students' \n education has been constructed and implemented \n in the opinion of the Secretary of Education, \n and\n ``(iv) at least 2 of the following \n requirements are met:\n ``(I) There is a reasonable \n expectation (as of the date of issuance \n of the bonds) that at least 35 percent \n of the population attending the such \n public school will be eligible for free \n or reduced-cost lunches under the \n school lunch program established under \n the National School Lunch Act.\n ``(II) There is a reasonable \n expectation (as of the date of issuance \n of the bonds) that the student growth \n rate over the next 5 years for the \n school district in which such public \n school is to be located will be at \n least 10 percent.\n ``(III) The average student-teacher \n ratio for such district as of the date \n of issuance of the bonds is at least 28 \n to 1.\n ``(B) Eligible local education agency.--The term \n `eligible local education agency' means any local \n educational agency as defined in section 14101 of the \n Elementary and Secondary Education Act of 1965.\n ``(4) Qualified purpose.--\n ``(A) In general.--The term `qualified purpose' \n means, with respect to any qualified school--\n ``(i) constructing a new school facility, \n and\n ``(ii) providing equipment for use at such \n facility.\n ``(B) School facility.--The term `school facility' \n means a new public structure suitable for use as a \n classroom, laboratory, library, media center, or \n related facility whose primary purpose is the \n instruction of public elementary or secondary students. \n Such term does not include an athletic stadium, or any \n other structure or facility intended primarily for \n athletic exhibitions, contests, games, or events for \n which admission is charged to the general public.\n ``(5) Eligible taxpayer.--The term `eligible taxpayer' \n means--\n ``(A) a bank (within the meaning of section 581),\n ``(B) an insurance company to which subchapter L \n applies, and\n ``(C) a corporation actively engaged in the \n business of lending money.\n ``(e) Limitation on Amount of Bonds Designated.--\n ``(1) National limitation.--There is a national school \n construction bond limitation for each calendar year. Such \n limitation is $400,000,000 for 1998 and 1999, and, except for \n carryovers as provided under the rules applicable under \n paragraph (2), zero thereafter.\n ``(2) Allocation of limitation.--The national school \n construction bond limitation for a calendar year shall be \n allocated by the Secretary among the States on the basis of \n their respective populations of individuals below the poverty \n line (as defined by the Office of Management and Budget). The \n limitation amount allocated to a State under the preceding \n sentence shall be allocated by the Secretary of Education to \n qualified schools within such State.\n ``(3) Designation subject to limitation amount.--The \n maximum aggregate face amount of bonds issued during any \n calendar year which may be designated under subsection (d)(1) \n with respect to any qualified school shall not exceed the \n limitation amount allocated to such school under paragraph (2) \n for such calendar year.\n ``(4) Carryover of unused limitation.--If for any calendar \n year--\n ``(A) the limitation amount for any State, exceeds\n ``(B) the amount of bonds issued during such year \n which are designated under subsection (d)(1) with \n respect to qualified schools within such State,\n the limitation amount for such State for the following calendar \n year shall be increased by the amount of such excess.\n ``(f) Other Definitions.--The definitions in subsections (d)(6) and \n(f) of section 1397E shall apply for purposes of this section.\n ``(g) Credit Included in Gross Income.--Gross income includes the \namount of the credit allowed to the taxpayer under this section.''\n (b) Conforming Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 45D. Credit to holders of school \n construction bonds.''\n (c) Effective Date.--The amendments made by this section shall \napply to obligations issued after December 31, 1997.","summary":"Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.","title":"Expand and Rebuild America's Schools Act of 1997","text_len":14592,"sum_len":392} {"bill_id":"105_s797","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``John F. Kennedy Center Parking \nImprovement Act of 1997''.\n\nSEC. 2. PARKING GARAGE ADDITIONS AND SITE IMPROVEMENTS.\n\n Section 3 of the John F. Kennedy Center Act (20 U.S.C. 76i) is \namended--\n (1) by striking the section heading and all that follows \n through ``The Board'' and inserting the following:\n\n``SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.\n\n ``(a) In General.--The Board''; and\n (2) by adding at the end the following:\n ``(b) Parking Garage Additions and Site Improvements.--\n ``(1) In general.--Substantially in accordance with the \n plan entitled `Site Master Plan--Drawing Number 1997-2 April \n 29, 1997,' and map number NCR 844\/82571, the Board may design \n and construct--\n ``(A) an addition to the parking garage at each of \n the north and south ends of the John F. Kennedy Center \n for the Performing Arts; and\n ``(B) site improvements and modifications.\n ``(2) Availability.--The plan shall be on file and \n available for public inspection in the office of the Secretary \n of the Center.\n ``(3) Limitation on use of appropriated funds.--No \n appropriated funds may be used to pay the costs (including the \n repayment of obligations incurred to finance costs) of--\n ``(A) the design and construction of an addition to \n the parking garage authorized under paragraph (1)(A);\n ``(B) the design and construction of site \n improvements and modifications authorized under \n paragraph (1)(B) that the Board specifically designates \n will be financed using sources other than appropriated \n funds; or\n ``(C) any project to acquire large screen format \n equipment for an interpretive theater or to produce an \n interpretive film that the Board specifically \n designates will be financed using sources other than \n appropriated funds.''.\n\nSEC. 3. PEDESTRIAN AND VEHICULAR ACCESS.\n\n (a) Duties of the Board.--Section 4(a)(1) of the John F. Kennedy \nCenter Act (20 U.S.C. 76j(a)(1)) is amended--\n (1) by striking ``and'' at the end of subparagraph (G);\n (2) by striking the period at the end of subparagraph (H) \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(I) ensure that safe and convenient access to the \n site of the John F. Kennedy Center for the Performing \n Arts is provided for pedestrians and vehicles.''.\n (b) Powers of the Board.--Section 5 of such Act (20 U.S.C. 76k) is \namended by adding at the end the following:\n ``(g) Pedestrian and Vehicular Access.--Subject to approval of the \nSecretary of the Interior under section 4(a)(2)(F), the Board shall \ndevelop plans and carry out projects to improve pedestrian and \nvehicular access to the John F. Kennedy Center for the Performing \nArts.''.\n\nSEC. 4. DEFINITION OF BUILDING AND SITE.\n\n Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76s) and \nsection 9(3) of the Act of October 24, 1951 (40 U.S.C. 193v), are each \namended by inserting after ``numbered 844\/82563, and dated April 20, \n1994'' the following: ``(as amended by the map entitled `Transfer of \nJohn F. Kennedy Center for the Performing Arts', numbered 844\/82563a \nand dated May 22, 1997)''.\n\nSEC. 5. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.\n\n (a) Findings.--Congress makes the following findings:\n (1) The United States has an enriched legacy of Hispanic \n influence in politics, government, economic development, and \n cultural expression.\n (2) The Hispanic culture in what is now the United States \n can be traced to 1528 when a Spanish expedition from Cuba to \n Florida was shipwrecked on the Texas coast.\n (3) The Hispanic culture in New Mexico can be traced to \n 1539 when a Spanish Franciscan Friar, Marcos de Niza, and his \n guide, Estevanico, traveled into present day New Mexico in \n search of the fabled city of Cibola and made contact with the \n people of Zuni.\n (4) The Hispanic influence in New Mexico is particularly \n dominant and a part of daily living for all the citizens of New \n Mexico, who are a diverse composite of racial, ethnic, and \n cultural peoples. Don Juan de Oarte and the first New Mexican \n families established the first capital in the United States, \n San Juan de los Cabelleros, in July of 1598.\n (5) Based on the 1990 census, there are approximately \n 650,000 Hispanics in New Mexico, the majority having roots \n reaching back ten or more generations.\n (6) There are an additional 200,000 Hispanics living \n outside of New Mexico with roots in New Mexico.\n (7) The New Mexico Hispanic Cultural Center is a living \n tribute to the Hispanic experience and will provide all \n citizens of New Mexico, the Southwestern United States, the \n entire United States, and around the world, an opportunity to \n learn about, partake in, and enjoy the unique Hispanic culture, \n and the New Mexico Hispanic Cultural Center will assure that \n this 400-year old culture is preserved.\n (8) The New Mexico Hispanic Cultural Center will teach, \n showcase, and share all facets of Hispanic culture, including \n literature, performing arts, visual arts, culinary arts, and \n language arts.\n (9) The New Mexico Hispanic Cultural Center will promote a \n better cross-cultural understanding of the Hispanic culture and \n the contributions of individuals to the society in which we all \n live.\n (10) In 1993, the legislature and Governor of New Mexico \n created the Hispanic Cultural Division as a division within the \n Office of Cultural Affairs. One of the principal \n responsibilities of the Hispanic Cultural Division is to \n oversee the planning, construction, and operation of the New \n Mexico Hispanic Cultural Center.\n (11) The mission of the New Mexico Hispanic Cultural Center \n is to create a greater appreciation and understanding of \n Hispanic culture.\n (12) The New Mexico Hispanic Cultural Center will serve as \n a local, regional, national, and international site for the \n study and advancement of Hispanic culture, expressing both the \n rich history and the forward-looking aspirations of Hispanics \n throughout the world.\n (13) The New Mexico Hispanic Cultural Center will be a \n Hispanic arts and humanities showcase to display the works of \n national and international artists, and to provide a venue for \n educators, scholars, artists, children, elders, and the general \n public.\n (14) The New Mexico Hispanic Cultural Center will provide a \n venue for presenting the historic and contemporary \n representations and achievements of the Hispanic culture.\n (15) The New Mexico Hispanic Cultural Center will sponsor \n arts and humanities programs, including programs related to \n visual arts of all forms (including drama, dance, and \n traditional and contemporary music), research, literary arts, \n genealogy, oral history, publications, and special events such \n as, fiestas, culinary arts demonstrations, film video \n productions, storytelling presentations and education programs.\n (16) Phase I of the New Mexico Hispanic Cultural Center \n complex is scheduled to be completed by August of 1998 and is \n planned to consist of an art gallery with exhibition space and \n a museum, administrative offices, a restaurant, a ballroom, a \n gift shop, an amphitheater, a research and literary arts \n center, and other components.\n (17) Phase II of the New Mexico Hispanic Cultural Center \n complex is planned to include a performing arts center \n (containing a 700-seat theater, a stage house, and a 300-seat \n film\/video theater), a 150-seat black box theater, an art \n studio building, a culinary arts building, and a research and \n literary arts building.\n (18) It is appropriate for the Federal Government to share \n in the cost of constructing the New Mexico Hispanic Cultural \n Center because Congress recognizes that the New Mexico Hispanic \n Cultural Center has the potential to be a premier facility for \n performing arts and a national repository for Hispanic arts and \n culture.\n (b) Definitions.--In this section:\n (1) Center.--The term ``Center'' means the Center for \n Performing Arts, within the complex known as the New Mexico \n Hispanic Cultural Center, which Center for the Performing Arts \n is a central facility in Phase II of the New Mexico Hispanic \n Cultural Center complex.\n (2) Hispanic cultural division.--The term ``Hispanic \n Cultural Division'' means the Hispanic Cultural Division of the \n Office of Cultural Affairs of the State of New Mexico.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (c) Construction of Center.--The Secretary shall award a grant to \nNew Mexico to pay for the Federal share of the costs of the design, \nconstruction, furnishing, and equipping of the Center for Performing \nArts that will be located at a site to be determined by the Hispanic \nCultural Division, within the complex known as the New Mexico Hispanic \nCultural Center.\n (d) Grant Requirements.--\n (1) In general.--In order to receive a grant awarded under \n subsection (c), New Mexico, acting through the Director of the \n Hispanic Cultural Division--\n (A) shall submit to the Secretary, within 30 days \n of the date of enactment of this section, a copy of the \n New Mexico Hispanic Cultural Center Program document \n dated January 1996; and\n (B) shall exercise due diligence to expeditiously \n execute, in a period not to exceed 90 days after the \n date of enactment of this section, the memorandum of \n understanding under paragraph (2) recognizing that time \n is of the essence for the construction of the Center \n because 1998 marks the 400th anniversary of the first \n permanent Spanish settlement in New Mexico.\n (2) Memorandum of understanding.--The memorandum of \n understanding described in paragraph (1) shall provide--\n (A) the date of completion of the construction of \n the Center;\n (B) that Antoine Predock, an internationally \n recognized architect, shall be the supervising \n architect for the construction of the Center;\n (C) that the Director of the Hispanic Cultural \n Division shall award the contract for architectural \n engineering and design services in accordance with the \n New Mexico Procurement Code; and\n (D) that the contract for the construction of the \n Center--\n (i) shall be awarded pursuant to a \n competitive bidding process; and\n (ii) shall be awarded not later than 3 \n months after the solicitation for bids for the \n construction of the Center.\n (3) Federal share.--The Federal share of the costs \n described in subsection (c) shall be 50 percent.\n (4) Non-federal share.--The non-Federal share of the costs \n described in subsection (c) shall be in cash or in kind fairly \n evaluated, including plant, equipment, or services. The non-\n Federal share shall include any contribution received by New \n Mexico for the design, construction, furnishing, or equipping \n of Phase I or Phase II of the New Mexico Hispanic Cultural \n Center complex prior to the date of enactment of this section. \n The non-Federal share of the costs described in subsection (c) \n shall include the following:\n (A) $16,410,000 that was appropriated by the New \n Mexico legislature since January 1, 1993, for the \n planning, property acquisition, design, construction, \n furnishing, and equipping of the New Mexico Hispanic \n Cultural Center complex.\n (B) $116,000 that was appropriated by the New \n Mexico legislature for fiscal year 1995 for the startup \n and operating expenses of the New Mexico Hispanic \n Cultural Center.\n (C) $226,000 that was appropriated by the New \n Mexico legislature for fiscal year 1996 for the startup \n and operating expenses of the New Mexico Hispanic \n Cultural Center.\n (D) $442,000 that was appropriated by the New \n Mexico legislature for fiscal year 1997 for the startup \n and operating expenses of the New Mexico Hispanic \n Cultural Center.\n (E) $551,000 that was appropriated by the New \n Mexico legislature for fiscal year 1998 for the startup \n and operating expenses of the New Mexico Hispanic \n Cultural Center.\n (F) A 10.9-acre lot with a historic 22,000 square \n foot building donated by the Mayor and City Council of \n Albuquerque, New Mexico, to New Mexico for the New \n Mexico Hispanic Cultural Center.\n (G) 12 acres of ``Bosque'' land adjacent to the New \n Mexico Hispanic Cultural Center complex for use by the \n New Mexico Hispanic Cultural Center.\n (H) The $30,000 donation by the Sandia National \n Laboratories and Lockheed Martin Corporation to support \n the New Mexico Hispanic Cultural Center and the program \n activities of the New Mexico Hispanic Cultural Center.\n (e) Use of Funds for Design, Construction, Furnishing, and \nEquipment.--The funds received under a grant awarded under subsection \n(c) shall be used only for the design, construction, management and \ninspection, furnishing, and equipment of the Center.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out this section a total of \n$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds \nappropriated pursuant to the authority of the preceding sentence shall \nremain available until expended.\n\nSEC. 6. CONSTRUCTION OF A CENTER FOR REGIONAL BLACK CULTURE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Currently 500,000 historically important artifacts of \n the Civil War era and the early days of the civil rights \n movement in the Southeast region of the United States are \n housed at Florida A&M University.\n (2) To preserve this large repertory of African-American \n history and artifacts it is appropriate that the Federal \n Government share in the cost of construction of this national \n repository for culture and history.\n (b) Definition.--In this section:\n (1) Center.--The term ``Center'' relates to the Center for \n Historically Black Heritage at Florida A&M University.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior Acting through the director of the Park \n Service.\n (c) Construction of Center.--The Secretary shall award a grant to \nthe State of Florida to pay for the Federal share of the costs design \nconstruction, furnishing and equipping the Center at Florida A&M \nUniversity.\n (d) Grant Requirements.--\n (1) In general.--In order to receive the grant awarded \n under subsection (c), Florida A&M University, shall submit to \n the Secretary a proposal.\n (2) Federal share.--The Federal share of the costs \n described in subsection (c) shall be 50 percent.\n (e) Authorization of Appropriation.--There is authorized to be \nappropriated to the Secretary of the Interior to carry out this section \na total of $3,800,000 for fiscal year 1998 and preceding fiscal years. \nFunds appropriated pursuant to the authority of the preceding sentence \nshould remain available until expended.\n\nSEC. 7. RELOCATION AND EXPANSION OF HAFFENREFFER MUSEUM OF \n ANTHROPOLOGY.\n\n (a) Definitions.--In this section:\n (1) Museum.--The term ``Museum'' means the Haffenreffer \n Museum of Anthropology at Brown University in Providence, Rhode \n Island.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (b) Relocation and Expansion of Museum.--The Secretary shall make a \ngrant to Brown University in Providence, Rhode Island, to pay the \nFederal share of the costs associated with the relocation and expansion \nof the Museum, including the design, construction, renovation, \nrestoration, furnishing, and equipping of the Museum.\n (c) Grant Requirements.--\n (1) In general.--To receive a grant under subsection (b), \n the Museum shall submit to the Secretary a proposal for the use \n of the grant.\n (2) Federal share.--The Federal share of the costs \n described in subsection (b) shall be 20 percent.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $3,000,000, to remain available \nuntil expended.\n\nSEC. 8. ENVIRONMENTAL RESEARCH CENTER.\n\n (a) In General.--The Secretary of the Interior shall award a grant \nto Juniata College for the construction of environmental research \nfacilities and structures at Raystown Lake, Pennsylvania.\n (b) Coordination.--As a condition to receipt of the grant \nauthorized in subsection (a), officials of Juniata College shall \ncoordinate with the Baltimore District of the Army Corps of Engineers.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated $5,000,000 to carry out this section.\n\nSEC. 9. FORT PECK DAM INTERPRETIVE CENTER.\n\n (a) In General.--The Secretary of the Interior shall design, \nconstruct, furnish and equip an historical, cultural and \npaleontological interpretive center and museum to be located at Fort \nPeck Dam, Montana.\n (b) Coordination.--In carrying out subsection (a), the Secretary of \nthe Interior shall coordinate with officials of the Bureau of \nReclamation, Bureau of Land Management, United States Army Corps of \nEngineers and the Fort Peck Dam Interpretive Center and Museum.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section a total of $10,000,000. Funds \nappropriated are available until expended.\n\n Passed the Senate July 31, 1997.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"John F. Kennedy Center Parking Improvement Act of 1997 - Amends the John F. Kennedy Center Act to authorize the Board of Trustees for the John F. Kennedy Center for the Performing Arts, in accordance with a specified master site plan, to design and construct: (1) parking garage additions at the north and south ends of the Center. And (2) site improvements and modifications. Prohibits the use of appropriated funds for the design and construction of such garage additions or for the following activities that the Board specifically designates for financing through non-appropriated fund sources: (1) the above site improvements and modifications. And (2) acquiring large screen format equipment for an interpretive theater or for the production of an interpretive film. Requires the Board to: (1) ensure that safe and convenient Center site access is provided for pedestrians and vehicles. And (2) develop plans and carry out projects for access improvements. Directs the Secretary of the Interior to award a grant to New Mexico for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for the Performing Arts within the New Mexico Hispanic Cultural Center. Requires a Federal share of 50 percent of project costs. Requires the non-Federal share to include any contributions already received in support of the design and construction of Phase I or II of the Center complex. Authorizes appropriations. Directs the Secretary to award a grant to Florida for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for Historically Black Heritage at Florida AM University. Requires a Federal share of 50 percent of project costs. Authorizes appropriations. Directs the Secretary to make a grant to Brown University in Providence, Rhode Island, for the Federal share of the costs of the relocation and expansion of the Haffenreffer Museum of Anthropology at the University. Requires a Federal share of 20 percent of project costs. Authorizes appropriations. Directs the Secretary to award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. Authorizes appropriations. Directs the Secretary to design, construct, furnish, and equip a historical, cultural, and paleontological interpretive center and museum at Fort Peck Dam, Montana. Authorizes appropriations.","title":"John F. Kennedy Center Parking Improvement Act of 1997","text_len":19853,"sum_len":2419} {"bill_id":"114_hr5405","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SOAR to Health and Wellness Act of \n2016''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Human trafficking.--The term ``human trafficking'' has \n the meaning given the term ``severe forms of trafficking in \n persons'' as defined in section 103 of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7102).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. PILOT PROGRAM ESTABLISHMENT.\n\n (a) In General.--The Secretary shall establish a pilot program to \nbe known as ``Stop, Observe, Ask, and Respond to Health and Wellness \nTraining'' (or ``SOAR to Health and Wellness Training'') (referred to \nin this Act as the ``pilot program''), to provide training to health \ncare providers and other related providers, at all levels, on human \ntrafficking in accordance with the purpose described in subsection (b).\n (b) Purpose.--The pilot program established under subsection (a) \nshall train health care providers and other related providers to enable \nsuch providers to--\n (1) identify potential human trafficking victims;\n (2) implement proper protocols and procedures for working \n with law enforcement to report, and facilitate communication \n with, such victims, in accordance with all applicable Federal, \n State, local, and tribal requirements, including legal \n confidentiality requirements for patients and health care \n providers;\n (3) implement proper protocols and procedures for referring \n such victims to appropriate social or victims service agencies \n or organizations;\n (4) provide such victims care that is--\n (A) coordinated;\n (B) victim centered;\n (C) culturally relevant;\n (D) comprehensive;\n (E) evidence based;\n (F) gender responsive;\n (G) age appropriate, with a focus on care for \n youth; and\n (H) trauma informed; and\n (5) consider the potential for integrating the training \n described in paragraphs (1) through (4) with training programs, \n in effect on the date of enactment of this Act, for victims of \n domestic violence, dating violence, sexual assault, stalking, \n child abuse, child neglect, child maltreatment, and child \n sexual exploitation.\n (c) Functions.--\n (1) In general.--The functions of the pilot program \n established under subsection (a) shall include the functions of \n the Stop, Observe, Ask, and Respond to Health and Wellness \n Training program that was operating on the day before the date \n of enactment of this Act and the authorized initiatives \n described in paragraph (2).\n (2) Authorized initiatives.--The authorized initiatives of \n the pilot program established under subsection (a) shall \n include--\n (A) engaging stakeholders, including victims of \n human trafficking and any Federal, State, local, or \n tribal partners, to develop a flexible training \n module--\n (i) for achieving the purpose described in \n subsection (b); and\n (ii) that adapts to changing needs, \n settings, health care providers, and other \n related providers;\n (B) making grants available to support training in \n health care sites that represent diversity in--\n (i) geography;\n (ii) the demographics of the population \n served;\n (iii) the predominate types of human \n trafficking cases; and\n (iv) health care provider profiles;\n (C) providing technical assistance for health \n education programs to implement nationwide health care \n protocol, or develop continuing education training \n materials, that assist in achieving the purpose \n described in subsection (b);\n (D) developing a strategy to incentivize the \n utilization of training materials developed under \n subparagraph (C) and the implementation of nationwide \n health care protocol described in such subparagraph, as \n the Secretary determines appropriate; and\n (E) developing a reliable methodology for \n collecting data, and reporting such data, on the number \n of human trafficking victims identified and served in \n health care settings or other related provider \n settings.\n (d) Termination.--The pilot program established under subsection \n(a) shall terminate on October 1, 2022.\n\nSEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS.\n\n (a) Data Collection.--\n (1) In general.--During each of fiscal years 2018 through \n 2022, the Secretary shall collect data on each of the \n following:\n (A) The total number of facilities that were \n operating under the pilot program established under \n section 3(a)--\n (i) during the previous fiscal year; and\n (ii) before the previous fiscal year.\n (B) The total number of health care providers and \n other related providers trained through such pilot \n program during each of the periods described in clauses \n (i) and (ii) of subparagraph (A).\n (2) Initial report.--In addition to the data required to be \n collected under paragraph (1), for purposes of the initial \n report to be submitted under subsection (b), the Secretary \n shall collect data on the total number of facilities that were \n operating under, and the total number of health care providers \n and other related providers trained through, the Stop, Observe, \n Ask, and Respond to Health and Wellness Training program that \n was operating before the establishment of the pilot program \n under section 3(a).\n (b) Reporting.--Not later than 90 days after the first day of each \nof fiscal years 2018 through 2022, the Secretary shall prepare and \nsubmit to Congress a report on the data collected under subsection (a).\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$3,000,000 for each of fiscal years 2018 through 2022.","summary":"SOAR to Health and Wellness Act of 2016 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training , to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The pilot program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, supporting training in diverse health care sites, providing technical assistance to health education programs, developing a strategy to incentivize the use of training materials developed under this bill and the implementation of a nationwide health care protocol, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. The pilot program is authorized through FY2022. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program.","title":"SOAR to Health and Wellness Act of 2016","text_len":6912,"sum_len":1551} {"bill_id":"103_hr2240","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Higher Education Savings Plan Act of \n1993''.\n\nSEC. 2. PENALTY FREE WITHDRAWALS FROM ANNUITIES FOR HIGHER EDUCATION \n EXPENSES.\n\n (a) In General.--Paragraph (2) of section 72(q) of the Internal \nRevenue Code of 1986 (relating to 10-percent penalty for premature \ndistributions from annuity contracts) is amended by striking ``or'' at \nthe end of subparagraph (I), by striking the period at the end of \nsubparagraph (J) and inserting ``, or'', and by inserting after \nsubparagraph (J) the following new subparagraph:\n ``(K) which is a qualified higher education expense \n distribution (as defined in paragraph (4)).''\n (b) Qualified Higher Education Expense Distribution.--Subsection \n(q) of section 72 of such Code is amended by adding at the end thereof \nthe following new paragraph:\n ``(4) Qualified higher education expense distribution.--\n ``(A) In general.--For purposes of paragraph \n (2)(K), the term `qualified higher education expense \n distribution' means any distribution from a designated \n higher education expense annuity to the taxpayer if \n such distribution is used within 90 days of the date of \n the distribution to pay qualified tuition and related \n expenses (as defined in section 117(b)) required for \n the enrollment or attendance of such taxpayer, the \n taxpayer's spouse, or a child (as defined in section \n 151(c)(3)) or grandchild of such taxpayer at an \n eligible educational institution (as defined in section \n 135(c)(3)); except that such expenses shall be reduced \n by any amount excluded from gross income under section \n 135 by reason of such expenses.\n ``(B) Designated higher education expense \n annuity.--\n ``(i) In general.--The term `designated \n higher education expense annuity' means any \n annuity purchased after December 31, 1992, and \n designated for purposes of this paragraph by \n the purchaser at the time of purchase as an \n annuity to which this paragraph applies.\n ``(ii) Certain annuities received in an \n exchange not eligible.--Such term shall not \n include any annuity acquired in an exchange to \n which section 1035 applies unless the annuity \n given up by the taxpayer in the exchange was a \n designated higher education expense annuity.''\n (c) Gift Tax Treatment.--Subsection (e) of section 2503 of such \nCode is amended by adding at the end thereof the following new \nparagraph:\n ``(3) Treatment of premiums paid under designated higher \n education expense annuities.--\n ``(A) In general.--Any premium paid for a \n designated higher education expense annuity shall not \n be treated as transfer of property by gift for purposes \n of this chapter.\n ``(B) Recapture rules.--If any premium paid by any \n person for a designated higher education expense \n annuity is not treated as a taxable gift solely by \n reason of subparagraph (A)--\n ``(i) Lifetime distributions not used for \n educational purposes.--Any disqualified \n lifetime distribution from the portion of any \n annuity attributable to such premium shall be \n treated as a transfer by gift by such person.\n ``(ii) Inclusion in gross estate.--The \n gross estate of such person shall include the \n value (as of the date of the decedent's death \n or applicable valuation date set forth in \n section 2032) of the portion of any annuity \n attributable to such premium.\n ``(C) Disqualified lifetime distribution.--For \n purposes of subparagraph (B), the term `disqualified \n lifetime distribution' means any distribution which is \n not a qualified higher education distribution and which \n is made during the life of the person referred to in \n subparagraph (B) to or for the benefit of another \n person.\n ``(D) Other definitions.--For purposes of this \n paragraph, the terms `designated higher education \n expense annuity' and `qualified higher education \n expense distribution' have the respective meanings \n given such terms by section 72(q)(4).''\n (d) Effective Date.--The amendments made by this section shall take \neffect on January 1, 1994.","summary":"Higher Education Savings Plan Act of 1993 - Amends the Internal Revenue Code to exempt distributions from a higher education expenses annuity contract from the ten-percent penalty on premature distributions from annuity contracts. Excludes the premium to purchase such a contract from gift tax liability.","title":"Higher Education Savings Plan Act of 1993","text_len":5198,"sum_len":304} {"bill_id":"112_hr4976","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Lands Tracts Conveyance Act''.\n\nSEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF \n NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.\n\n (a) Definitions.--In this section:\n (1) Director concerned.--The term ``Director concerned'' \n means the Director of the Bureau of Land Management for a \n State.\n (2) Eligible federal lands parcel.--The term ``eligible \n Federal lands parcel'' means a parcel of National Forest System \n land or the public lands that--\n (A) shares one or more boundaries with non-Federal \n land;\n (B) is located within the boundaries of an \n incorporated or unincorporated area with a population \n of at least 500 residents;\n (C) is not subject to existing rights held by a \n non-Federal entity;\n (D) does not contain an exceptional resource; and\n (E) is not habitat for an endangered species or a \n threatened species determined under section 4 of the \n Endangered Species Act of 1973 (16 U.S.C. 1533).\n (3) Exceptional resource.--The term ``exceptional \n resource'' means a resource of scientific, historic, cultural, \n or recreational value on a parcel of public lands that the \n Director concerned or Regional Forester concerned determines, \n on the record and after an opportunity for a hearing--\n (A) is documented by a Federal, State, or local \n governmental authority; and\n (B) requires extraordinary conservation and \n protection to maintain the resource for the benefit of \n the public.\n (4) National forest system land.--\n (A) In general.--The term ``National Forest System \n land'' means land within the National Forest System, as \n defined in section 11(a) of the Forest and Rangeland \n Renewable Resources Planning Act of 1974 (16 U.S.C. \n 1609(a)), including the National Grasslands and land \n utilization projects designated as National Grasslands \n administered pursuant to the Act of July 22, 1937 (7 \n U.S.C. 1010-1012).\n (B) Exclusions.--The term does not include any land \n managed by the Forest Service that is included in a \n national monument, an area of critical environmental \n concern, a national conservation area, a national \n riparian conservation area, a national recreation area, \n a national scenic area, a research natural area, a \n national outstanding natural area, a national natural \n landmark, a wilderness area, a wilderness study area, \n the national wild and scenic rivers system, or the \n national system of trails.\n (5) Public lands.--\n (A) In general.--The term ``public lands'' has the \n meaning given that term in section 103(e) of the \n Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1702(e)).\n (B) Exclusions.--The term does not include any land \n managed by the Bureau of Land Management that is \n included in a national monument, an area of critical \n environmental concern, a national conservation area, a \n national riparian conservation area, a national \n recreation area, a national scenic area, a research \n natural area, a national outstanding natural area, a \n national natural landmark, a wilderness area, a \n wilderness study area, the national wild and scenic \n rivers system, or the national system of trails.\n (6) Regional forester concerned.--The term ``Regional \n Forester concerned'' means the Regional Forester with \n jurisdiction over the National Forest System land of a specific \n Forest Service Region.\n (b) Selection of Parcels for Conveyance.--\n (1) Two selection methods.--The Director concerned or the \n Regional Forester concerned shall select an eligible Federal \n lands parcel for conveyance under this section--\n (A) in response to a request submitted by an owner \n of non-Federal land that shares one or more boundaries \n with the parcel; or\n (B) upon the recommendation of the District Office \n of the Bureau of Land Management or unit of the \n National Forest System exercising administration over \n the parcel.\n (2) Review of landowner request.--When a landowner submits \n a request under paragraph (1)(A) for conveyance of a parcel of \n National Forest System land or public lands, the Director \n concerned or the Regional Forester concerned shall review the \n parcel and determine, within 30 days after receipt of the \n request, whether the parcel satisfies the definition of \n eligible Federal lands parcel for conveyance.\n (3) Rejection of landowner request.--If the Director \n concerned or the Regional Forester concerned determines under \n paragraph (2) that all or a portion of the parcel of National \n Forest System land or public lands covered by a landowner \n request under paragraph (1)(A) fails to satisfy the definition \n of eligible Federal lands parcel, the Director concerned or the \n Regional Forester concerned shall give the landowner--\n (A) a written explanation of the reasons for the \n rejection, which specifically specifies--\n (i) which of the elements of the definition \n of eligible Federal lands parcel the parcel \n fails to satisfy and how and why the parcel \n fails to satisfy that element;\n (ii) how the continued administration of \n the parcel by the Bureau of Land Management or \n the Forest Service would impact the parcel and \n surrounding economy; and\n (iii) why the Federal Government needs to \n maintain ownership of the parcel and would be \n the best land ownership steward of the parcel; \n and\n (B) an opportunity to appeal the rejection under \n subsection (e).\n (c) Parcel and Acreage Limitations.--\n (1) Acreage.--An eligible Federal lands parcel conveyed \n under this section may not exceed 160 acres unless a request \n for additional acreage is approved by the Director concerned or \n the Regional Forester concerned.\n (2) Number of parcels.--A person may only acquire one \n eligible Federal lands parcel under this section per year, \n except that, if the parcel is less than 160 acres in size, the \n person may acquire additional eligible Federal lands parcels \n during that year so long as the total acreage acquired does not \n exceed 160 acres unless a request for additional acreage is \n approved by the Director concerned or the Regional Forester \n concerned.\n (d) Conveyance Process.--\n (1) Public notice.--The Director concerned or the Regional \n Forester concerned shall provide public notice of the \n availability of an eligible Federal lands parcel, even in cases \n in which the parcel shares a boundary with only a single parcel \n of non-Federal land or with multiple parcels owned by the same \n landowner. The notice shall state that the parcel satisfies the \n definition of eligible Federal lands parcel for conveyance.\n (2) Single adjacent landowner.--If the eligible Federal \n lands parcel shares a boundary with only a single parcel of \n non-Federal land or with multiple parcels owned by the same \n landowner, the Director concerned or the Regional Forester \n concerned shall carry out a negotiated sale of the eligible \n Federal lands parcel with the landowner.\n (3) Multiple adjacent landowners.--If multiple parcels of \n non-Federal land, owned by different landowners, share a \n boundary with an eligible public lands parcel, the sale of the \n eligible public lands parcel under this section shall be \n conducted using competitive bidding procedures established \n under section 203(f) of the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1713(f)).\n (4) Rejection of offers.--The Director concerned or the \n Regional Forester concerned may reject any offer made under \n this subsection that does not offer the minimum consideration \n required by subsection (f). The landowner shall be given an \n opportunity to appeal the rejection under subsection (e).\n (5) Compliance with local planning and zoning.--As a \n condition of the conveyance of an eligible public lands parcel \n under this section, the Director concerned or the Regional \n Forester concerned shall require the purchaser of the parcel to \n agree to comply all local land use ordinances and any master \n zoning plan applicable to the parcel or the adjacent non-\n Federal land of the purchaser.\n (6) Form of conveyance.--When an eligible Federal lands \n parcel is to sold under this section, the Director concerned or \n the Regional Forester concerned shall convey, by quitclaim \n deed, all right, title, and interest, including the mineral \n estate, of the United States in and to the parcel.\n (e) Appeals Process.--\n (1) Availability of appeal.--If the Director concerned or \n the Regional Forester concerned rejects a landowner request \n under subsection (b)(1)(A) for selection of a parcel of \n National Forest System land or public lands for conveyance \n under this section or rejects a landowner offer for purchase of \n an eligible Federal lands parcel under subsection (d), the \n Director concerned or the Regional Forester concerned shall \n provide an appeals process for reconsideration of the rejection \n using the expedited Forest Service appeals process available \n under section 322(d) of Public Law 102-381 (16 U.S.C. 1612 \n note).\n (2) Administering official.--For purposes of applying \n section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note), \n references to the Chief of the Forest Service or the Secretary \n of Agriculture shall be deemed to mean the Director concerned \n or the Regional Forester concerned.\n (f) Consideration.--\n (1) Fair market value.--As consideration for the sale of an \n eligible Federal lands parcel under this section, the Director \n concerned or the Regional Forester concerned shall require a \n cash payment in an amount that is equal to not less than the \n fair market value of the parcel, including the mineral estate, \n being conveyed by the Director concerned or the Regional \n Forester concerned.\n (2) Establishment.--The fair market value of an eligible \n Federal lands parcel shall be established by an appraisal \n submitted by the landowner seeking to purchase the parcel, \n unless the Director concerned or the Regional Forester \n concerned rejects such appraisal within 45 days after \n submission. In the case of the rejection of the appraisal, the \n Director concerned or the Regional Forester concerned shall \n cause another appraisal to be conducted, within 30 days, in \n accordance with the regulations regarding appraisals issued \n under section 206(f) of the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1716(f)).\n (g) Treatment of Proceeds.--\n (1) Sharing and deposit of proceeds.--Of the consideration \n received by the Director concerned or the Regional Forester \n concerned under subsection (f) for the sale of an eligible \n Federal lands parcel under this section, the Director concerned \n or the Regional Forester concerned shall--\n (A) subject to paragraph (2), pay 50 percent of the \n consideration to the county government of the county in \n which the parcel is located; and--\n (B) deposit the remainder in the general fund of \n the Treasury.\n (2) Effect of county purchase.--If an eligible Federal \n lands parcel is purchased by a State, county, or city \n government or any agency thereof, the county government in \n which the parcel is located shall not receive a portion of the \n consideration paid for the parcel. Instead, the entire amount \n of the consideration shall be deposited in the general fund of \n the Treasury.\n (h) Payment of Costs of Conveyance.--\n (1) Payment required.--The Director concerned or the \n Regional Forester concerned shall require the purchaser of an \n eligible Federal lands parcel under this section to cover the \n costs to be incurred, or to reimburse the Director concerned or \n the Regional Forester concerned for costs incurred, to carry \n out the conveyance, including survey and appraisal costs, costs \n for environmental documentation, and any other administrative \n costs related to the conveyance. If amounts are collected from \n the purchaser of the parcel in advance of the Director \n concerned or the Regional Forester concerned incurring the \n actual costs, and the amount collected exceeds the costs \n actually incurred by the Director concerned or the Regional \n Forester concerned to carry out the conveyance, the Director \n concerned or the Regional Forester concerned shall refund the \n excess amount to the purchaser.\n (2) Treatment of amounts received.--Amounts received as \n reimbursement under paragraph (1) shall be credited to the fund \n or account that was used to cover those costs in carrying out \n the conveyance. Amounts so credited shall be merged with \n amounts in such fund or account, and shall be available for the \n same purposes, and subject to the same conditions and \n limitations, as amounts in such fund or account.\n (i) Time for Conveyance.--It is the intent of the Congress that the \nsale of an eligible Federal lands parcel under this section, from \nselection of the parcel for conveyance through completion of the sale, \nshould take no more than 18 months.\n (j) NEPA Exemption.--The conveyance of eligible Federal lands \nparcels under this section is not a major Federal action significantly \naffecting the quality of the human environment under section 102(2)(C) \nthe National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) \nbecause each conveyance involves only a small parcel of National Forest \nSystem land or the public lands and has no significant impact on \ncritical habitats or endangered or threatened species, critical \nenvironments, exceptional resources.\n (k) Additional Authority.--The conveyance authority provided by \nthis section is in addition to the sale authority provided by section \n203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. \n1713) or any other provision of law.","summary":"Small Lands Tracts Conveyance Act - Requires the Director of the Bureau of Land Management (BLM) for a state or the Regional Forester to select an eligible federal lands parcel for conveyance: (1) in response to a request by an owner of non-federal land that shares one or more boundaries with such parcel, or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Bars a conveyed eligible parcel from exceeding 160 acres unless the Director or Regional Forester concerned approves a request for additional acreage. Permits acquisition by a person of only one eligible parcel a year, subject to an exception. Instructs the Director or Regional Forester concerned, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to not less than the fair market value of such parcel, including the mineral estate, being conveyed. Requires the Director or the Regional Forester concerned to: (1) pay 50 of the consideration received for the sale of an eligible parcel to the county government in which such parcel is located, and (2) deposit the remaining amount in the general Treasury fund. Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the Director or Regional Forester concerned for the costs incurred, in carrying out the conveyance.","title":"To provide for the conveyance of small parcels of National Forest System land and small parcels of public lands administered by the Bureau of Land Management to landowners whose lands share a boundary with the National Forest System land or public lands, and for other purposes.","text_len":16132,"sum_len":1412} {"bill_id":"114_hr1290","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) The volume of crude oil transported by rail has \n significantly increased from--\n (A) 21,000 barrels a day in 2009 to 1.1 million \n barrels a day in 2014; and\n (B) 9,500 rail-carloads in 2008 to 415,000 rail-\n carloads in 2013.\n (2) At any given time, more than 2.5 million gallons of \n crude oil is being transported across the country to refineries \n totaling a distance of more than 1,000 miles.\n (3) More oil was spilled in 2013 from freight traffic than \n in the previous 4 decades combined.\n (4) Increased spills result in catastrophes that have \n significantly and adversely impacted the following communities:\n (A) Minnesota, in March 2013, when 30,000 gallons \n of crude oil spilled because of derailed cars.\n (B) Lac-Meegantic, Canada, in July 2013, when 1.6 \n million gallons of crude oil spilled, igniting a fire \n and exploding, killing 47 people and forcing 2,000 \n people from their homes.\n (C) North Dakota, in December 2013, when 400,000 \n million gallons of crude oil spilled, igniting a fire \n and forcing 65 percent of residents from their homes.\n (D) Virginia, in March 2014, when thousands of \n gallons of oil spilled, contaminating the James River \n and requiring the evacuation of 78,000 people in the \n downtown of the city.\n (E) West Virginia, in February 2015, when 26 cars \n containing oil that exceeded volatility standards for \n transport derailed, igniting fires and explosions, \n threatening the water supply, and forcing hundreds of \n people from their homes.\n (5) Hazardous materials must be properly classified for \n transportation, according to requirements from the Pipeline and \n Hazardous Materials Safety Administration (PHMSA).\n (6) Crude oil is categorized as a Class 3 flammable liquid \n in either Packing Group (PG) I or II.\n (7) Due to serious mislabeling practices, the Department of \n Transportation's Emergency Order (Docket No. DOT-OST-2014-0025) \n from February 2014 has forbidden the labeling of crude oil as \n PG III for transport and handling until further notice; \n shipments must be labeled as either PG I (most serious hazard) \n or PG II (moderate hazard) for proper handling and transport of \n crude oil.\n (8) PHMSA has found that crude oil from the Bakken region \n (in North Dakota, Montana, and Canada) is ``more volatile than \n most other types of crude,'' and subsequently, more flammable.\n (9) The samples that PHMSA tested from the Bakken region \n ``displayed characteristics consistent with those of a Class 3 \n flammable liquid, PG I or II, with a predominance to PG I, the \n most dangerous class of Class 3 flammable liquids''.\n (10) The oil industry group North Dakota Petroleum Council \n has recommended that Bakken crude oil be labeled as PG I \n hazardous materials for transportation.\n (11) Oil from the Bakken region accounts for about 12 \n percent of total domestic production.\n (12) The National Transportation Safety Board (NTSB) has \n expressed concern ``that major loss of life, property damage \n and environmental consequences can occur when large volumes of \n crude oil or other flammable liquids are transported on a \n single train involved in an accident''.\n (13) The NTSB has recommended that routes transporting \n hazardous materials present the fewest overall safety and \n security risks by avoiding populated areas.\n\nSEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN FREIGHT RAIL TO AVOID \n URBAN AREAS.\n\n (a) In General.--Not later than 3 months after the date of \nenactment of this Act, the Secretary of Transportation shall make \nappropriate arrangements with the Transportation Research Board of the \nNational Academies under which the Board shall conduct a study on the \ncost and impact of rerouting freight rail traffic containing hazardous \nmaterial to avoid transportation of such hazardous material through \nurban areas.\n (b) Contents of Study.--The study described under subsection (a) \nshall include--\n (1) the benefits of rerouting freight rail traffic \n containing hazardous material to alternate railroad routes that \n avoid urban areas, including benefits to the health and safety \n of the individuals living in such urban areas;\n (2) the benefits of construction of alternative railroad \n routes that avoid urban areas for transportation of freight \n rail containing hazardous material;\n (3) the logistical feasibility of the actions described in \n paragraphs (1) and (2); and\n (4) the costs of taking the actions described in paragraphs \n (1) and (2).\n (c) Report.--In entering into an arrangement under subsection (a), \nthe Secretary shall request that the Board transmit to Congress a \nreport on the results of the study not later than 21 months after the \ndate of enactment of this Act.\n (d) Definitions.--\n (1) Hazardous material.--The term ``hazardous material'' \n has the meaning given such term in section 5102 of title 49, \n United States Code.\n (2) Urban area.--The term ``urban area'' means an urban \n area, as designated by the Bureau of the Census, with a \n population of greater than 30,000.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated $850,000 to carry out this Act.","summary":"Directs the Secretary of Transportation to make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council to study the cost and impact of rerouting freight rail traffic of hazardous material to avoid its transportation through urban areas.","title":"To provide for a study by the Transportation Research Board of the National Academies on the impact of diverting certain freight rail traffic to avoid urban areas, and for other purposes.","text_len":6041,"sum_len":380} {"bill_id":"103_hr4028","text":"SECTION 1. SHORT TITLE; REFERENCES IN ACT.\n\n (a) Short Title.--This Act may be cited as the ``Health Care Fraud \nand Abuse Advisory Opinion Act of 1994''.\n (b) References in Act.--Except as otherwise specifically provided, \nwhenever an amendment herein is expressed in terms of an amendment to, \nor repeal of a section or other provision, the reference shall be \nconsidered to be made to that section or other provision of the Social \nSecurity Act.\n\nSEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE \n ADVISORY OPINIONS UNDER TITLE XI.\n\n (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is \namended by the addition of the following new paragraph:\n ``(j) The Secretary shall issue advisory opinions as provided in \nthis section.\n ``(1) Matters subject to advisory opinions.--The Secretary \n shall issue advisory opinions as to the following matters:\n ``(i) What constitutes prohibited remuneration \n within the meaning of section 1320a-7b(b) of title 42, \n United States Code.\n ``(ii) Whether an arrangement or proposed \n arrangement satisfies the criteria set forth in section \n 1320a-7b(b)(3) of title 42, United States Code as \n amended for activities which do not result in \n prohibited remuneration.\n ``(iii) Whether an arrangement or proposed \n arrangement satisfies the criteria which the Secretary \n has established, or shall establish by regulation for \n activities which do not result in prohibited \n remuneration.\n ``(iv) What constitutes an inducement to reduce or \n limit services to individuals entitled to benefits \n under part A or part B of title XVIII or title XIX \n within the meaning of section 1320a-7a(b) of title 42, \n United States Code.\n ``(v) Whether an arrangement, activity or proposed \n arrangement or proposed activity violates any other \n provision of the Act.\n ``(2) Matters not subject to advisory opinions.--Such \n advisory opinions shall not address the following matters:\n ``(i) Whether the fair market value shall be, or \n was paid or received for any goods, services or \n property.\n ``(ii) Whether an individual is a bona fide \n employee within the requirements of section 3121(d)(2) \n of title 26, United States Code.\n ``(3) Effect of advisory opinions.--\n ``(i) Each advisory opinion issued by the Secretary \n shall be binding as to the Secretary and the party or \n parties requesting the opinion.\n ``(ii) The failure of a party to seek an advisory \n opinion may not be introduced into evidence to prove \n that the party intended to violate the provisions of \n sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title \n 42, United States Code.\n ``(4) Regulations.--The Secretary within one hundred and \n eighty days of the date of enactment, shall issue regulations \n establishing a system for the issuance of advisory opinions. \n Such regulations shall provide for--\n ``(i) the procedure to be followed by a party \n applying for an advisory opinion;\n ``(ii) the procedure to be followed by the \n Secretary in responding to a request for an advisory \n opinion;\n ``(iii) the interval in which the Secretary shall \n respond;\n ``(iv) the reasonable fee to be charged to the \n party requesting an advisory opinion; and\n ``(v) the manner in which advisory opinions will be \n made available to the public.\n ``(5) Interval for issuance of advisory opinions.--Under no \n circumstances shall the interval in which the Secretary shall \n respond to a party requesting an advisory opinion exceed 30 \n days.''.\n\nSEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE \n ADVISORY OPINIONS UNDER TITLE XVIII.\n\n (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is \namended by the addition of the following new paragraph:\n ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory \nopinions on whether an arrangement or proposed arrangement will result \nin a prohibited referral within the meaning of section 1395nn of title \n42, United States Code, as amended.\n ``(2) Effect of Advisory Opinions.--\n ``(i) Each advisory opinion issued by the Secretary shall \n be binding as to the Secretary and the party or parties \n requesting the opinion.\n ``(ii) The failure of a party to seek an advisory opinion \n may not be introduced into evidence to prove that the party \n intended to violate the provisions of section 1395nn of title \n 42, United States Code.\n ``(3) Regulations.--The Secretary within one hundred and eighty \ndays of the date of enactment, shall issue regulations establishing a \nsystem for the issuance of advisory opinions. Such regulations shall \nprovide for--\n ``(i) the procedure to be followed by a party applying for \n an advisory opinion;\n ``(ii) the procedure to be followed by the Secretary in \n responding to a request for an advisory opinion;\n ``(iii) the interval in which the Secretary shall respond;\n ``(iv) the reasonable fee to be charged to the party \n requesting an advisory opinion; and\n ``(v) the manner in which advisory opinions will be made \n available to the public.\n ``(4) Interval for Issuance of Advisory Opinions.--Under no \ncircumstances shall the interval in which the Secretary shall respond \nto a party requesting an advisory opinion exceed thirty days.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n Unless otherwise specified herein, the Health Care Fraud and Abuse \nAdvisory Opinion Act of 1994 shall be effective upon enactment.","summary":"Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions. Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral. Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above.","title":"Health Care Fraud and Abuse Advisory Opinion Act of 1994","text_len":6404,"sum_len":763} {"bill_id":"113_hr4803","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``TSA Office of Inspection \nAccountability Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Consistent with Federal law and regulations, for law \n enforcement officers to qualify for premium pay as criminal \n investigators, the officers must, in general, spend on average \n at least 50 percent of their time investigating, apprehending, \n or detaining individuals suspected or convicted of offenses \n against the criminal laws of the United States.\n (2) According to the Inspector General of the Department of \n Homeland Security (DHS IG), the Transportation Security \n Administration (TSA) does not ensure that its cadre of criminal \n investigators in the Office of Inspection are meeting this \n requirement, even though they are considered law enforcement \n officers under TSA policy and receive premium pay.\n (3) Instead, TSA criminal investigators in the Office of \n Inspection primarily monitor the results of criminal \n investigations conducted by other agencies, investigate \n administrative cases of TSA employee misconduct, and carry out \n inspections, covert tests, and internal reviews, which the DHS \n IG asserts could be performed by employees other than criminal \n investigators at a lower cost.\n (4) The premium pay and other benefits afforded to TSA \n criminal investigators in the Office of Inspection who are \n incorrectly classified as such will cost the taxpayer as much \n as $17,000,000 over 5 years if TSA fails to make any changes to \n the number of criminal investigators in the Office of \n Inspection, according to the DHS IG.\n (5) This may be a conservative estimate, as it accounts for \n the cost of Law Enforcement Availability Pay, but not the costs \n of law enforcement training, statutory early retirement \n benefits, police vehicles, and weapons.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administration.--The term ``Administration'' means the \n Transportation Security Administration.\n (2) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary of Homeland Security \n (Transportation Security) of the Department of Homeland \n Security.\n (3) Inspector general.--The term ``Inspector General'' \n means the Inspector General of the Department of Homeland \n Security.\n\nSEC. 4. INSPECTOR GENERAL REVIEW.\n\n (a) Review.--Not later than 60 days after the date of the enactment \nof this Act, the Inspector General shall analyze the data and methods \nthat the Assistant Secretary uses to identify employees of the \nAdministration who meet the requirements of sections 8331(20), \n8401(17), and 5545a of title 5, United States Code, and provide the \nrelevant findings to the Assistant Secretary, including a finding on \nwhether the data and methods are adequate and valid.\n (b) Prohibition on Hiring.--If the Inspector General finds that \nsuch data and methods are inadequate or invalid, the Administration may \nnot hire any new employee to work in the Office of Inspection of the \nAdministration until--\n (1) the Assistant Secretary makes a certification described \n in section 5 to the Committee on Homeland Security of the House \n of Representatives and the Committee on Commerce, Science, and \n Transportation of the Senate; and\n (2) the Inspector General submits to such Committees a \n finding, not later than 30 days after the Assistant Secretary \n makes such certification, that the Assistant Secretary utilized \n adequate and valid data and methods to make such certification.\n\nSEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION.\n\n (a) Certification to Congress.--The Assistant Secretary shall, by \nnot later than 90 days after the date the Inspector General provides \nits findings to the Assistant Secretary under section 4(a), document \nand certify in writing to the Committee on Homeland Security of the \nHouse of Representatives and the Committee on Commerce, Science, and \nTransportation of the Senate that only those employees of the \nAdministration who meet the requirements of sections 8331(20), \n8401(17), and 5545a of title 5, United States Code, are classified as \ncriminal investigators and are receiving premium pay and other benefits \nassociated with such classification.\n (b) Employee Reclassification.--The Assistant Secretary shall \nreclassify criminal investigator positions in the Office of Inspection \nas noncriminal investigator positions or non-law enforcement positions \nif the individuals in those positions do not, or are not expected to, \nspend an average of at least 50 percent of their time performing \ncriminal investigative duties.\n (c) Projected Cost Savings.--\n (1) In general.--The Assistant Secretary shall estimate the \n total long-term cost savings to the Federal Government \n resulting from the implementation of subsection (b), and \n provide such estimate to the Committee on Homeland Security of \n the House of Representatives and the Committee on Commerce, \n Science, and Transportation of the Senate by not later than 180 \n days after the date of enactment of this Act.\n (2) Contents.--Such estimate shall identify savings \n associated with the positions reclassified under subsection (b) \n and include, among other factors the Assistant Secretary \n considers appropriate, savings from--\n (A) law enforcement training;\n (B) early retirement benefits;\n (C) law enforcement availability pay; and\n (D) weapons, vehicles, and communications devices.\n\nSEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE USE OF FEDERAL \n FIREARMS LICENSE.\n\n Not later than 90 days after the date of the enactment of this Act, \nor as soon as practicable, the Assistant Secretary shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate--\n (1) any materials in the possession or control of the \n Department of Homeland Security associated with the Office of \n Inspection's review of the use of a Federal firearms license by \n Federal Air Marshal Service officials to obtain discounted or \n free firearms for personal use; and\n (2) information on specific actions that will be taken to \n prevent Federal Air Marshal Service officials from using a \n Federal firearms license, or exploiting, in any way, the \n Service's relationships with private vendors to obtain \n discounted or free firearms for personal use.\n\n Passed the House of Representatives July 22, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on July 3, 2014. TSA Office of Inspection Accountability Act of 2014 - Directs the Inspector General of the Department of Homeland Security (DHS) to: (1) analyze the data and methods that the Assistant Secretary of Homeland Security uses to identify Transportation Security Administration (TSA) law enforcement officer and criminal investigators. And (2) provide relevant findings to the Assistant Secretary, including regarding whether the data and methods are adequate and valid. Prohibits TSA from hiring any new employee to work in its Office of Inspection if the Inspector General finds that such data and methods are inadequate or invalid, until: (1) the Assistant Secretary makes a certification to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation that only TSA employees who meet such requirements are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification. And (2) the Inspector General submits a finding that the Assistant Secretary utilized adequate and valid data and methods to make such certification. Directs the Assistant Secretary to: (1) reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50 of their time performing criminal investigative duties. And (2) estimate the total long-term cost savings to the federal government resulting from such reclassification and provide such estimate to such committees. Requires such estimate to identify savings associated with the positions reclassified, including savings from: law enforcement training, early retirement benefits, law enforcement availability pay, weapons, vehicles, and communications devices. Directs the Assistant Secretary to submit to such committees: (1) any materials in the possession or control of DHS associated with the Office of Inspection's review of the use of a federal firearms license by Federal Air Marshal Service officials to obtain discounted or free firearms for personal use. And (2) information on specific actions that will be taken to prevent Service officials from using a federal firearms license, or exploiting the Service's relationships with private vendors, to obtain discounted or free firearms for personal use.","title":"TSA Office of Inspection Accountability Act of 2014","text_len":7245,"sum_len":2504} {"bill_id":"107_hr3633","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oklahoma City Victims Compensation \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) on April 19, 1995, Public Law 100-440 set a minimum \n staffing level of Federal Police Officers at 1,000 Full Time \n Equivalent personnel for the Federal Protective Service;\n (2) on April 19, 1995, and before the Federal Protective \n Service and its parent agency the General Services \n Administration was charged with providing security and law \n enforcement for Federal properties;\n (3) on April 19, 1995, and before that the Federal \n Protective Service failed to meet the required minimum staffing \n level by a significant margin in excess of 60 percent of the \n mandate;\n (4) on April 29, 1995, and before the Federal Protective \n Service provided only one non-law enforcement guard for three \n or more buildings (including the Murrah Federal Building) in \n the downtown area of Oklahoma City;\n (5) on April 19, 1995, and before the Federal Protective \n Service and its parent Agency the General Services \n Administration were aware of the noncompliance with Public Law \n 100-440 and the possible liabilities resulting therefrom;\n (6) on April 19, 1995, and before the Federal Protective \n Service and its parent Agency the General Services \n Administration failed to provide adequate protection and \n deterrence to Federal properties; and\n (7) on April 19, 1995, the Federal Protective Service and \n its parent agency the General Services Administration were \n negligent in the provision of law enforcement personnel and the \n security needs of the Murrah Federal Building in Oklahoma City, \n Oklahoma.\n\nSEC. 3. DEFINITIONS.\n\n In this Act the following definitions apply:\n (1) Claimant.--The term ``claimant'' means an individual \n filing a claim for compensation under section 5(a)(1).\n (2) Collateral source.--The term ``collateral source'' \n means all collateral sources, including life insurance, pension \n funds, death benefit programs, and payments by Federal, State, \n or local governments related to the bombings of the Murrah \n Federal Building on April 19, 1995.\n (3) Economic loss.--The term ``economic loss'' means any \n pecuniary loss resulting from harm (including the loss of \n earnings or other benefits related to employment, medical \n expense loss, replacement services loss, loss due to death, \n burial costs, and loss of business or employment opportunities) \n to the extent recovery for such loss is allowed under \n applicable State law.\n (4) Eligible individuals.--The term ``eligible \n individuals'' means an individual determined to be eligible for \n compensation under section 5(c).\n (5) Noneconomic losses.--The term ``noneconomic losses'' \n means losses for physical and emotional pain, suffering, \n inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of society and \n companionship, loss of consortium (other than loss of domestic \nservice), hedonic damages, injury to reputation, and all other \nnonpecuniary losses of any kind or nature.\n (6) Special master.--The term ``Special Master'' means the \n Special Master appointed under section 404(a) of the September \n 11th Victim Compensation Fund of 2001 (title IV of the Air \n Transportation Safety and System Stabilization Act (Public Law \n 107-42; 115 Stat. XX)).\n\nSEC. 4. PURPOSE.\n\n It is the purpose of this Act to provide compensation to any \nindividual (or relatives of a deceased individual) who was physically \ninjured or killed as a result of the bombing of the Murrah Federal \nBuilding in Oklahoma City, Oklahoma, on April 19, 1995.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--The Attorney General, acting through the Special \nMaster, shall--\n (1) administer the compensation program established under \n this Act;\n (2) promulgate all procedural and substantive rules for the \n administration of this Act; and\n (3) employ and supervise hearing officers and other \n administrative personnel to perform the duties of the Special \n Master under this Act.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to pay the administrative \nand support costs for the Special Master in carrying out this Act.\n\nSEC. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.\n\n (a) Filing of Claims.--\n (1) In general.--A claimant may file a claim for \n compensation under this Act with the Special Master. The claim \n shall be on the form developed under paragraph (2) and shall \n state the factual basis for eligibility for compensation and \n the amount of compensation sought.\n (2) Claim form.--\n (A) In general.--The Special Master shall develop a \n claim form that claimants shall use when submitting \n claims under paragraph (1). The Special Master shall \n ensure that such form can be filed electronically, if \n determined to be practicable.\n (B) Contents.--The form developed under \n subparagraph (A) shall request--\n (i) information from the claimant \n concerning the physical harm that the claimant \n suffered, or in the case of a claim filed on \n behalf of a decedent information confirming the \n decedent's death, as a result of the bombing of \n the Murrah Federal Building in Oklahoma City, \n Oklahoma, on April 19, 1995;\n (ii) information from the claimant \n concerning any possible economic and \n noneconomic losses that the claimant suffered \n as a result of such bombings; and\n (iii) information regarding collateral \n sources of compensation the claimant has \n received or is entitled to receive as a result \n of such bombings.\n (3) Limitation.--No claim may be filed under paragraph (1) \n after the date that is 2 years after the date on which \n regulations are promulgated under section 8.\n (b) Review and Determination.--\n (1) Review.--The Special Master shall review a claim \n submitted under subsection (a) and determine--\n (A) whether the claimant is an eligible individual \n under subsection (c);\n (B) with respect to a claimant determined to be an \n eligible individual--\n (i) the extent of the harm to the claimant, \n including any economic and noneconomic losses; \n and\n (ii) the amount of compensation to which \n the claimant is entitled based on the harm to \n the claimant, the facts of the claim, and the \n individual circumstances of the claimant.\n (2) Negligence.--With respect to a claimant, the Special \n Master shall not consider negligence or any other theory of \n liability.\n (3) Determination.--Not later than 120 days after that date \n on which a claim is filed under subsection (a), the Special \n Master shall complete a review, make a determination, and \n provide written notice to the claimant, with respect to the \n matters that were the subject of the claim under review. Such a \n determination shall be final and not subject to judicial \n review.\n (4) Rights of claimant.--A claimant in a review under \n paragraph (1) shall have--\n (A) the right to be represented by an attorney;\n (B) the right to present evidence, including the \n presentation of witnesses and documents; and\n (C) any other due process rights determined \n appropriate by the Special Master.\n (c) Eligibility.--\n (1) In general.--A claimant shall be determined to be an \n eligible individual for purposes of this subsection if the \n Special Master determines that such claimant--\n (A) is an individual described in paragraph (2); \n and\n (B) meets the requirements of paragraph (3).\n (2) Individuals.--A claimant is an individual described in \n this paragraph if the claimant is--\n (A) a citizen of the United States or legal \n permanent resident who--\n (i) was present at the Murrah Federal \n Building or within a two block radius of the \n Murrah Federal Building, at the time, or in the \n immediate aftermath, of the bombing of the \n Murrah Federal Building in Oklahoma City, \n Oklahoma, on April 19, 1995; and\n (ii) suffered physical harm or death as a \n result of such a bombing; or\n (B) in the case of a decedent who is an individual \n described in subparagraph (A), the personal \n representative of the decedent who files a claim on \n behalf of the decedent.\n (3) Requirements.--\n (A) Single claim.--Not more than one claim may be \n submitted under this Act by an individual or on behalf \n of a deceased individual.\n (B) Limitation on civil action.--\n (i) In general.--Upon the submission of a \n claim under this Act, the claimant waives the \n right to file a civil action (or to be a party \n to an action) in any Federal or State court for \n damages sustained as a result of the bombing of \n the Murrah Federal Building in Oklahoma City, \n Oklahoma, on April 19, 1995. The preceding \n sentence does not apply to a civil action to \n recover collateral source obligations or \n punitive damages.\n (ii) Pending actions.--In the case of an \n individual who is a party to a civil action \n described in clause (i), such individual may \n not submit a claim under this Act unless such \n individual withdraws from such action by the \n date that is 90 days after the date on which \n regulations are promulgated under section 7.\n\nSEC. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS.\n\n (a) In general.--Not later than 20 days after the date on which a \ndetermination is made by the Special Master regarding the amount of \ncompensation due a claimant under this Act, the Special Master shall \nauthorize payment to such claimant of the amount determined with \nrespect to the claimant.\n (b) Payment Authority.--This Act constitutes budget authority in \nadvance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of amounts for \ncompensation under this Act.\n (c) Additional Funding.--\n (1) In general.--The Attorney General is authorized to \n accept such amounts as may be contributed by individuals, \n business concerns, or other entities to carry out this Act, \n under such terms and conditions as the Attorney General may \n impose.\n (2) Use of separate account.--In making payments under this \n section, amounts contained in any account containing funds \n provided under paragraph (1) shall be used prior to using \n appropriated amounts.\n\nSEC. 8. REGULATIONS.\n\n Not later than 90 days after the date of enactment of this Act, the \nAttorney General, in consultation with the Special Master, shall \npromulgate regulations to carry out this Act, including regulations \nwith respect to--\n (1) forms to be used in submitting claims under this Act;\n (2) the information to be included in such forms;\n (3) procedures for hearing and the presentation of \n evidence;\n (4) procedures to assist an individual in filing and \n pursuing claims under this Act; and\n (5) other matters determined appropriate by the Attorney \n General.\n\nSEC. 9. RIGHT OF SUBROGATION.\n\n The United States shall have the right of subrogation with respect \nto any claim paid by the United States under this Act.","summary":"Oklahoma City Victims Compensation Act - Establishes a program to provide compensation to any individual who was physically injured or killed as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995. Directs the Attorney General, acting through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer the program, requiring determinations of claims within 120 days and payment within 20 days of determination. States that such determinations are final and not subject to judicial review. Limits claims to one per injured person or decedent and excludes claimants from pursuing civil action for damages, as specified. Grants the United States the right of subrogation with respect to any claim paid by the United States under this Act.","title":"To provide compensation for the United States citizens or legal permanent residents who were victims of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma on April 19, 1995, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.","text_len":13388,"sum_len":827} {"bill_id":"105_s1509","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fort Stanton and Rio Bonito Corridor \nVegetation Management Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the lands under the jurisdiction of the Secretary \n surrounding Fort Stanton, New Mexico, contain historic and \n natural resources that warrant special management \n considerations by the Bureau of Land Management;\n (2) the adjudication process for establishing grazing \n preferences under the Act of June 28, 1934 (commonly known as \n the ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.) and other \n applicable laws has not been conducted on lands acquired by the \n Secretary at and near Fort Stanton, New Mexico, including lands \n along the Rio Bonito in Lincoln County, New Mexico;\n (3) in the management of renewable forage resources on \n lands surrounding Fort Stanton, New Mexico, vegetation sales \n contracts would be a beneficial tool for the Bureau of Land \n Management to use to maintain and enhance the condition of the \n forage and other natural resources of the area;\n (4) the management of grazing animals under vegetation \n sales contracts requires fiscal resources and personnel that \n exceed that of the grazing preference system in place on other \n public domain lands; and\n (5) disputes over the legal description of lands acquired \n by the Secretary along the Rio Bonito in Lincoln County, New \n Mexico, make it necessary for the Bureau of Land Management to \n pursue reasonable legal remedies under existing authorities to \n resolve such disputes with adjacent landowners.\n\nSEC. 3. DEFINITIONS.\n\n (a) Fort Stanton.--The term ``Fort Stanton'' means land under the \nadministrative jurisdiction of the Secretary at Fort Stanton, New \nMexico, as depicted on the map entitled ``Fort Stanton and Rio Bonito \nCorridor, NM'', dated May 13, 1997.\n (b) Rio Bonito Corridor.--The term ``Rio Bonito Corridor'' means \nland under the administrative jurisdiction of the Secretary near Fort \nStanton, New Mexico, within the area identified as the ``Rio Bonito \nCorridor'', as depicted on the map entitled ``Fort Stanton and Rio \nBonito Corridor, NM'', dated May 13, 1997, which--\n (1) was acquired by the Secretary before May 13, 1997; or\n (2) is acquired by the Secretary (by purchase or exchange) \n from willing landowners after May 13, 1997.\n (c) Secretary.--The term ``Secretary'' means the Secretary of the \nInterior, acting through the Director of the Bureau of Land Management.\n\nSEC. 4. MAPS.\n\n The maps referred to in section 3 shall be made available for \npublic inspection by the Bureau of Land Management at the Roswell \nDistrict Office in Roswell, New Mexico, and at the New Mexico State \nOffice in Santa Fe, New Mexico.\n\nSEC. 5. MANAGEMENT OF FORT STANTON AND RIO BONITO LAND.\n\n (a) In General.--Notwithstanding any provision of the Act of June \n28, 1934 (43 U.S.C. 315 et seq.), or any other law relating to the \nestablishment, leasing, or permitting of grazing under a grazing \npreference, the Secretary, in managing land within Fort Stanton and the \nRio Bonito Corridor that is under the jurisdiction of the Secretary, \nmay solicit competitive bids for and enter into vegetation sales \ncontracts for the purpose of using livestock grazing as a vegetation \nmanagement tool. Any such contracts entered into with respect to the \nland before the date of enactment of this Act are ratified.\n (b) Consistency With Land and Resource Management Plans.--\nManagement of Fort Stanton and the Rio Bonito Corridor shall be \nconsistent with any applicable land and resource management plan under \nthe Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et \nseq.).\n (c) Distribution and Use of Proceeds.--Of the proceeds of \nvegetation sales contracts entered into under subsection (a)--\n (1) 12\\1\/2\\ percent shall be paid to the State of New \n Mexico for distribution to Lincoln County, New Mexico, to be \n used for purposes authorized by section 10 of the Act of June \n 28, 1934 (43 U.S.C. 315i);\n (2) 12\\1\/2\\ percent shall be deposited in the general fund \n of the Treasury of the United States; and\n (3) 75 percent shall be deposited in a special account in \n the Treasury of the United States and shall be available to the \n Secretary, without further Act of appropriation, for use in \n managing Fort Stanton and the Rio Bonito Corridor and to \n achieve the management goals and prescriptions identified in \n applicable resource management plans for the Rio Bonito \n acquired lands and the Fort Stanton area of critical \n environmental concern, but none of the proceeds provided to the \n Secretary under this paragraph shall be available for land \n acquisition.","summary":"Fort Stanton and Rio Bonito Corridor Vegetation Management Act - Authorizes the Secretary of the Interior, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the Secretary's jurisdiction, to solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Ratifies any such contracts entered into with respect to the land before the date of this Act's enactment. Requires management of Fort Stanton and the Rio Bonito Corridor to be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976. Directs that, of the proceeds of such vegetation sales contracts: (1) 12.5 percent be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, for purposes authorized by the Act of June 28, 1934. (2) 12.5 percent be deposited in the general fund of the Treasury. And (3) 75 percent be deposited in a special Treasury account for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but not for land acquisition.","title":"Fort Stanton and Rio Bonito Corridor Vegetation Management Act","text_len":5021,"sum_len":1304} {"bill_id":"110_hr4855","text":"SECTION 1. STUDIES AND REPORTS BY THE DEPARTMENT OF AGRICULTURE AND THE \n NATIONAL ACADEMY OF SCIENCES ON FOOD PRODUCTS FROM CLONED \n ANIMALS.\n\n (a) Study by the Department of Agriculture.--\n (1) In general.--The Secretary of Agriculture (referred to \n in this section as the ``Secretary''), in coordination with the \n Economic Research Service, and after consultation with the \n Secretary of Health and Human Services (acting through the \n Commissioner of Food and Drugs), shall conduct a study on the \n economic and trade impact of agricultural exports of food \n products from cloned animals.\n (2) Content of study.--The study under paragraph (1) shall \n include--\n (A) an analysis of the domestic agricultural and \n international trade economic implications of permitting \n commercialization of milk and meat from cloned animals \n and their progeny into the food supply, with special \n attention to--\n (i) the impact on Federal agricultural \n expenditures; and\n (ii) meat and milk exports shifts that \n would take place as other countries react to \n that commercialization, including the potential \n for other countries to ban exports from the \n United States; and\n (B) estimates of the consumer and exporter \n behavioral responses that must be factored into both \n the economic impact analysis and the health impact \n analysis required under this section.\n (b) Study With the Government Accountability Office on Monitoring \nFood Products From Cloned Animals.--\n (1) In general.--The Secretary, in coordination with \n Comptroller General of the United States, shall conduct a study \n on the programs in place at the Department of Agriculture to \n monitor food products from cloned animals if such products \n enter the food supply.\n (2) Content of study.--The study under paragraph (1) shall \n include an evaluation of the processes in place at the \n Department of Agriculture to monitor food products from cloned \n animals throughout the food supply. The study shall also \n include a review of existing studies and literature, from the \n United States and other countries and organizations, that \n relate to the evaluation of the safety of food products from \n cloned animals and methods for monitoring such products in the \n food supply.\n (c) Study With the Government Accountability Office on the Health \nEffects and Costs Attributable to Milk From Cloned Animals in the Food \nSupply.--\n (1) In general.--The Secretary, in consultation with the \n Secretary of Health and Human Services (acting through the \n Commissioner of Food and Drugs), and in coordination with \n Comptroller General of the United States, shall conduct a study \n on the health effects and costs attributable to milk from \n cloned animals in the food supply.\n (2) Content of study.--The study under paragraph (1) shall \n include an evaluation and measurement of the potential public \n health effects and associated health care costs, including any \n consumer behavior changes and negative impacts on nutrition, \n and prevention of osteoporosis and other chronic disease that \n result from any decrease in milk consumption, attributable to \n the commercialization of milk from cloned animals and their \n progeny.\n (d) Study With the National Academy of Sciences.--\n (1) In general.--The Secretary shall contract with the \n National Academy of Sciences to conduct a study and report to \n Congress regarding the safety of food products derived from \n cloned animals.\n (2) Content of study.--The study under paragraph (1) shall \n include a review and an assessment of whether the studies \n (including peer review studies), data, and analysis used in the \n draft risk assessment issued by the Food and Drug \n Administration entitled Animal Cloning: A Draft Risk Assessment \n (issued on December 28, 2006) supported the conclusions drawn \n by such draft risk assessment and--\n (A) whether there were a sufficient number of \n studies to support such conclusions; and\n (B) whether additional pertinent studies and data \n exist which were not considered in the draft risk \n assessment and how this additional information affects \n the conclusions drawn in such draft risk assessment.\n (e) Rule of Construction.--Nothing in this section shall be \nconstrued to impede ongoing scientific research in artificial \nreproductive health technologies.\n (f) Timeframe for Studies.--The Secretary shall complete the \nstudies required under this section prior to issuance by the \nCommissioner of Food and Drugs of the final risk assessment on the \nsafety of cloned animals and food products derived from cloned animals.\n (g) Continuance of Moratorium.--The voluntary moratorium on \nintroducing food from cloned animals or their progeny into the food \nsupply, as in effect on the date of enactment of this Act, shall remain \nin effect at least until the date that the Secretary of Health and \nHuman Services (acting through the Commissioner of Food and Drugs) \nissues the final risk assessment described in subsection (f).","summary":"Directs the Secretary of Agriculture to conduct studies on: (1) the economic and trade impact of exports of food products from cloned animals. (2) Department of Agriculture programs to monitor products from cloned animals in the food supply. (3) the health effects and costs attributable to milk from cloned animals in the food supply. And (4) the safety of food products derived from cloned animals.","title":"To require studies by the Secretary of Agriculture on the effects of food products from cloned animals entering the food supply.","text_len":5800,"sum_len":400} {"bill_id":"106_hr4191","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes Ecology Protection Act \nof 2000''.\n\nSEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.\n\n (a) In General.--Section 1101(b) of the Nonindigenous Aquatic \nNuisance Prevention and Control Act of 1990 (33 U.S.C. 4711(b)) is \namended by striking paragraphs (1) and (2) and inserting the following:\n ``(1) In general.--The Secretary of Transportation shall \n issue regulations to prevent the introduction and spread of \n aquatic nuisance species within the Great Lakes.\n ``(2) Contents of the regulations.--The regulations \n required by paragraph (1) shall--\n ``(A) ensure to the maximum extent practicable that \n ballast water containing aquatic nuisance species is \n not discharged into the Great Lakes;\n ``(B) protect the safety of each vessel, its crew, \n and passengers, if any;\n ``(C) apply to all vessels capable of discharging \n ballast water, whether equipped with ballast water tank \n systems of otherwise, that enter the Great Lakes after \n operating on waters beyond the exclusive economic zone;\n ``(D) require such vessels to--\n ``(i) carry out any discharge or exchange \n of ballast water before entering the Great \n Lakes; or\n ``(ii) carry out any discharge or exchange \n of ballast water within the Great Lakes only in \n compliance with the regulations;\n ``(E) take into consideration different vessel \n operating conditions;\n ``(F) require the use of environmentally sound \n treatment methods for ballast water and ballast \n sediments, such as sterilization, in preventing and \n controlling infestations of aquatic nuisance species;\n ``(G) provide for certification by the master of \n each vessel entering the Great Lakes that such vessel \n is in compliance with the regulations;\n ``(H) assure compliance through--\n ``(i) sampling procedures;\n ``(ii) inspection of records; and\n ``(iii) imposition of sanctions in \n accordance with subsection (g)(1);\n ``(I) be based on the best scientific information \n available;\n ``(J) not supersede or adversely affect any \n requirement or prohibition pertaining to the discharge \n of ballast water into the waters of the United States \n under the Federal Water Pollution Control Act (33 \n U.S.C. 1251 et seq.); and\n ``(K) include such other matters as the Secretary \n considers appropriate.''.\n (b) Sterilization Defined.--Section 1003 of such Act (33 U.S.C. \n4702) is amended by--\n (1) redesignating paragraphs (13), (14), (15), (16), and \n (17) in order as paragraphs (14), (15), (16), (17), and (18); \n and\n (2) inserting after paragraph (12) the following:\n ``(13) `sterilization' means the treatment of sediments in \n ballast water tanks to remove or destroy all living biological \n organisms through--\n ``(A) filtration;\n ``(B) the application of biocides or ultraviolet \n light; or\n ``(C) thermal methods;\n ``(D) other treatment techniques approved by the \n Secretary;''.\n (c) Maximizing Public Participation in the Formulation of Required \nRegulations.--The Secretary of Transportation shall maximize public \nparticipation in the issuance of regulations required by the amendment \nmade by subsection (a), by--\n (1) publishing an advance notice of proposed rulemaking;\n (2) publishing the advance notice of proposed rulemaking \n and the proposed rule through means designed to reach persons \n likely to be subject to or affected by the regulations, \n including electronic means;\n (3) making the text of the advance notice of proposed \n rulemaking and of the proposed rule available through \n electronic means;\n (4) providing not less than 120 days for public comment on \n the proposed rule;\n (5) providing for an effective date that is not less than \n 30 days after the date of publication of the final rule; and\n (6) such other means as the Secretary considers \n appropriate.\n (d) Required Regulatory Schedule.--\n (1) Issuance of advance notice of proposed rulemaking.--The \n Secretary shall issue an advance notice of proposed rulemaking \n for the regulations required by the amendment made by \n subsection (a) within 30 days after the date of enactment of \n this Act.\n (2) Issuance of final regulations.--The Secretary shall \n issue final regulations required by the amendment made by \n subsection (a) within 180 days after the date of enactment of \n this Act.","summary":"Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations.","title":"Great Lakes Ecology Protection Act of 2000","text_len":5437,"sum_len":141} {"bill_id":"114_hr4152","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cardiac Arrest Survival Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Establishing a nationally uniform baseline of \n protection from civil liability for persons who use automated \n external defibrillators (in this section referred to as \n ``AEDs'') in perceived medical emergencies, who own or hold \n other property interests in AEDs used in perceived medical \n emergencies, or who own, occupy, or manage premises in which an \n AED is used or from which an AED is taken for use in a \n perceived medical emergency will encourage the deployment of \n additional AEDs, which will ultimately save lives that would \n otherwise have been lost to cardiac arrest.\n (2) The current patchwork of State ``Good Samaritan'' laws \n provides incomplete, inconsistent, and, in some instances, \n inadequate protection for entities considering the acquisition \n or deployment of AEDs. In these circumstances, concerns about \n potential liability resulting from the good-faith acquisition \n and deployment of this life-saving technology are inhibiting \n its deployment.\n (3) Such concerns are especially acute for entities with \n operations or facilities in multiple States, yet such entities \n are also among those in which the widespread deployment of AEDs \n would be most beneficial.\n (4) A nationally uniform baseline of protection from civil \n liability is needed for persons who use AEDs in perceived \n medical emergencies, who own or hold other property interests \n in AEDs used in perceived medical emergencies, or who own, \n occupy, or manage premises in which an AED is used or from \n which an AED is taken for use in a perceived medical emergency.\n\nSEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL \n DEFIBRILLATORS.\n\n Section 248 of the Public Health Service Act (42 U.S.C. 238q) is \namended to read as follows:\n\n``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL \n DEFIBRILLATORS.\n\n ``(a) Good Samaritan Protections.--Except as provided in subsection \n(e), in the case of a person who--\n ``(1) uses or attempts to use an automated external \n defibrillator device on a victim of a perceived medical \n emergency, and\n ``(2) is not the owner-acquirer (as defined in subsection \n (c)(2)) of the device,\nsuch person is immune from civil liability for any harm resulting from \nthe use or attempted use of such device by such person.\n ``(b) Premises Owner\/Lessee\/Manager Protections.--Except as \nprovided in subsection (e), in the case of a person who--\n ``(1) owns, occupies under a lease or similar arrangement, \n or manages--\n ``(A) the premises at which an automated external \n defibrillator device is used or attempted to be used on \n a victim of a perceived medical emergency, or\n ``(B) the premises from which an automated external \n defibrillator device used or attempted to be used on a \n victim of a perceived medical emergency is taken for \n such use, and\n ``(2) is not the owner-acquirer of such device,\nsuch person is immune from civil liability for any harm resulting from \nsuch use or attempted use of such device.\n ``(c) Device Owner-Acquirer Protections.--\n ``(1) In general.--Except as provided in subsection (e), an \n owner-acquirer of an AED is immune from civil liability for any \n harm resulting from the use or attempted use of such device, \n unless the harm was proximately caused by the failure of the \n owner-acquirer to properly maintain the device according to the \n guidelines of the device manufacturer.\n ``(2) Owner-acquirer defined.--For purposes of this \n section, the term `owner-acquirer' means any person who owns or \n has otherwise acquired a possessory property interest in an AED \n that is used or attempted to be used on a victim of a perceived \n medical emergency.\n ``(d) Applicability of Immunity in Certain Circumstances.--The \nimmunity provided by subsections (a), (b), and (c) of this section \nshall apply regardless of whether--\n ``(1) the AED that is used or attempted to be used is \n marked with or accompanied by cautionary signage;\n ``(2) the AED that is used or attempted to be used is \n registered with any government;\n ``(3) the person who used or attempted to use the AED saw, \n read, understood, complied with, or attempted to comply with \n any cautionary signage present;\n ``(4) the person who used or attempted to use the AED had \n received any training relating to the use of (a) AEDs in \n general or (b) the particular AED used or attempted to be used; \n or\n ``(5) the person who used or attempted to use the AED was \n assisted or supervised by any other person, including but not \n limited to a licensed physician.\n ``(e) Inapplicability of Immunity in Certain Circumstances.--\nNotwithstanding anything to the contrary in subsection (d) of this \nsection, immunity under subsection (a), (b), or (c)(1) does not apply \nto a person if--\n ``(1) such person's willful or criminal misconduct, gross \n negligence, reckless misconduct, or a conscious, flagrant \n indifference to the rights or safety of the victim proximately \n caused the harm involved;\n ``(2) such person is a licensed or certified health \n professional who used the automated external defibrillator \n device while acting within the scope of the license or \n certification of the professional and within the scope of the \n employment or agency of the professional;\n ``(3) such person is a hospital, clinic, or other entity \n whose purpose is providing health care directly to patients, \n and the harm was caused by an employee or agent of the entity \n who used the device while acting within the scope of the \n employment or agency of the employee or agent; or\n ``(4) such person is an owner-acquirer of the device who \n leased the device to a health care entity (or who otherwise \n provided the device to such entity for compensation without \n selling the device to the entity), and the harm was caused by \n an employee or agent of the entity who used the device while \n acting within the scope of the employment or agency of the \n employee or agent.\n ``(f) Rules of Construction.--\n ``(1) In general.--The following apply with respect to this \n section:\n ``(A) This section does not establish any cause of \n action, or require that an automated external \n defibrillator device be placed at any building or other \n location. This section does not preempt any State law \n requiring that an automated external defibrillator be \n placed at any building or other location.\n ``(B) With respect to the class of persons for \n which this section provides immunity from civil \n liability, this section preempts the law of any State \n to the extent that the otherwise-applicable State law \n would allow for civil liability in any circumstance \n where this section would provide immunity from civil \n liability. This section does not preempt any State law \n providing immunity from civil liability in any \n circumstance for which this section would not provide \n such immunity.\n ``(C) This section does not waive any protection \n from liability for Federal officers or employees \n under--\n ``(i) section 233 of this title; or\n ``(ii) sections 1346(b), 2672, and 2679 of \n title 28, United States Code, or under \n alternative benefits provided by the United \n States where the availability of such benefits \n precludes a remedy under section 1346(b) of \n such title 28.\n ``(2) Civil actions under federal law.--\n ``(A) In general.--The applicability of subsections \n (a), (b), (c), (d), and (e) includes applicability to \n any action for civil liability described in subsection \n (a), (b), or (c) that arises under Federal law.\n ``(B) Federal areas adopting state law.--If a \n geographic area is under Federal jurisdiction and is \n located within a State but out of the jurisdiction of \n the State, and if, pursuant to Federal law, the law of \n the State applies in such area regarding matters for \n which there is no applicable Federal law, then an \n action for civil liability described in subsection (a), \n (b), or (c) that in such area arises under the law of \n the State is subject to subsections (a) through (f) in \n lieu of any related State law that would apply in such \n area in the absence of this subparagraph.\n ``(g) Federal Jurisdiction.--\n ``(1) In any civil action arising under State law, the \n courts of the State involved have jurisdiction to apply the \n provisions of this section.\n ``(2) The actual, asserted, or potential application of any \n provision of this section in any civil action or as to any \n civil claim shall not establish the original jurisdiction of \n the Federal courts over such action or claim under section 1331 \n of title 28, United States Code.\n ``(h) Definitions.--\n ``(1) Perceived medical emergency.--For purposes of this \n section, the term `perceived medical emergency' means \n circumstances in which the behavior of an individual leads a \n reasonable person to believe that the individual is \n experiencing a life-threatening medical condition that requires \n an immediate medical response regarding the heart or other \n cardiopulmonary functioning of the individual.\n ``(2) Other definitions.--For purposes of this section:\n ``(A) The term `automated external defibrillator \n device' or `AED' means a defibrillator device that--\n ``(i) is commercially distributed in \n accordance with the Federal Food, Drug, and \n Cosmetic Act;\n ``(ii) is capable of recognizing the \n presence or absence of ventricular \n fibrillation, and is capable of determining \n without intervention by the user of the device \n whether defibrillation should be performed;\n ``(iii) upon determining that \n defibrillation should be performed, is able to \n deliver an electrical shock to an individual; \n and\n ``(iv) in the case of a defibrillator \n device that may be operated in either an \n automated or a manual mode, is set to operate \n in the automated mode.\n ``(B) The term `cautionary signage' means, with \n respect to an AED, any verbal or non-verbal markings or \n language purporting to limit use of the AED by members \n of the general public or to permit use of the AED only \n by persons with specific skills, qualifications, or \n training.\n ``(C)(i) The term `harm' includes physical, \n nonphysical, economic, and noneconomic losses.\n ``(ii) The term `economic loss' means any pecuniary \n loss resulting from harm (including the loss of \n earnings or other benefits related to employment, \n medical expense loss, replacement services loss, loss \n due to death, burial costs, and loss of business or \n employment opportunities) to the extent recovery for \n such loss is allowed under applicable State law.\n ``(iii) The term `noneconomic losses' means losses \n for physical and emotional pain, suffering, \n inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of \n society and companionship, loss of consortium (other \n than loss of domestic service), hedonic damages, injury \n to reputation and all other nonpecuniary losses of any \n kind or nature.''.","summary":"Cardiac Arrest Survival Act of 2015 This bill amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used. And (2) the owner of an AED for any harm resulting from the use of the AED, unless the harm was caused by the failure of the owner to properly maintain the AED. This immunity applies regardless of whether: (1) the AED is marked with cautionary signage or registered with any government. Or (2) the person who used the AED complied with signage, had received training on use of the AED, or was assisted or supervised, including by a licensed physician.","title":"Cardiac Arrest Survival Act of 2015","text_len":13489,"sum_len":779} {"bill_id":"112_s843","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Outer Continental Shelf Permit \nProcessing Coordination Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Coordination office.--The term ``coordination office'' \n means a regional joint outer Continental Shelf lease and permit \n processing coordination office established under section 3(a).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING COORDINATION OFFICES.\n\n (a) Establishment.--The Secretary shall establish--\n (1) a regional joint outer Continental Shelf lease and \n permit processing coordination office for the Alaska region of \n the outer Continental Shelf; and\n (2) subject to subsection (c)--\n (A) a regional joint outer Continental Shelf lease \n and permit processing coordination office for the \n Atlantic region of the outer Continental Shelf; and\n (B) a regional joint outer Continental Shelf lease \n and permit processing coordination office for the \n Pacific region of the outer Continental Shelf.\n (b) Memorandum of Understanding.--\n (1) In general.--Not later than 90 days after the date of \n enactment of this Act, the Secretary shall enter into a \n memorandum of understanding for the purposes of carrying out \n this section with--\n (A) the Secretary of Commerce;\n (B) the Chief of Engineers;\n (C) the Administrator of the Environmental \n Protection Agency;\n (D) the head of any other Federal agency that may \n have a role in permitting activities; and\n (E) in the case of the coordination office \n described in subsection (a)(1), the head of each \n borough government that is located adjacent to any \n active lease area.\n (2) State participation.--The Secretary shall request that \n the Governor of a State adjacent to the applicable outer \n Continental Shelf region be a signatory to the memorandum of \n understanding.\n (c) Date of Establishment.--A coordination office described in \nsubparagraph (A) or (B) of subsection (a)(2) shall not be established \nuntil the date on which a proposed lease sale is conducted for the \nAtlantic or Pacific region of the outer Continental Shelf, as \napplicable.\n (d) Designation of Qualified Staff.--\n (1) In general.--Each Federal signatory party shall, if \n appropriate, assign to each of the coordination offices an \n employee who has expertise in the regulatory issues \n administered by the office in which the employee is employed \n relating to leasing and the permitting of oil and gas \n activities on the outer Continental Shelf by the date that is--\n (A) in the case of the coordination office \n described in subsection (a)(1), not later than 30 days \n after the date of the signing of the memorandum of \n understanding relating to the applicable coordination \n office under subsection (b); or\n (B) in the case of a coordination office \n established under subsection (a)(2), not later than 30 \n days after the date of establishment of the applicable \n coordination office under subsection (c).\n (2) Duties.--An employee assigned under paragraph (1) \n shall--\n (A) not later than 90 days after the date of \n assignment, report to the applicable coordination \n office;\n (B) be responsible for all issues relating to the \n jurisdiction of the home office or agency of the \n employee; and\n (C) participate as part of the applicable team of \n personnel working on proposed oil and gas leasing and \n permitting, including planning and environmental \n analyses.\n (e) Transfer of Funds.--For the purposes of coordination and \nprocessing of oil and gas use authorizations for the applicable outer \nContinental Shelf region, the Secretary may authorize the expenditure \nor transfer of such funds as are necessary to--\n (1) the Secretary of Commerce;\n (2) the Chief of Engineers;\n (3) the Administrator of the Environmental Protection \n Agency;\n (4) the head of any other Federal agency having a role in \n permitting activities;\n (5) any State adjacent to the applicable outer Continental \n Shelf region; and\n (6) in the case of the coordination office described in \n subsection (a)(1), the head of each borough government that is \n located adjacent to any active lease area.\n (f) Effect.--Nothing in this section--\n (1) authorizes the establishment of a regional joint outer \n Continental Shelf lease and permit processing coordination \n office for the Gulf of Mexico region of the outer Continental \n Shelf;\n (2) affects the operation of any Federal or State law; or\n (3) affects any delegation of authority made by the head of \n a Federal agency for employees that are assigned to a \n coordination office.\n (g) Funding.--\n (1) In general.--There is authorized to be appropriated \n $2,000,000 for the coordination office described in subsection \n (a)(1) for each of fiscal years 2011 through 2021, to remain \n available until expended.\n (2) Other coordination offices.--Notwithstanding any other \n provision of law--\n (A) of the amounts received by the Secretary from \n the sale of bonus bids in the Atlantic region of the \n outer Continental Shelf Continental Shelf region, \n $2,000,000 shall be made available for the applicable \n coordination office described in subsection (A)(2)(A) \n for the fiscal year; and\n (B) of the amounts received by the Secretary from \n the sale of bonus bids in the Pacific region of the \n outer Continental Shelf Continental Shelf region, \n $2,000,000 shall be made available for the applicable \n coordination office described in subsection (A)(2)(B) \n for the fiscal year.\n\nSEC. 4. JUDICIAL REVIEW.\n\n (a) Exclusive Jurisdiction.--Except for review by the Supreme Court \non writ of certiorari, the United States Court of Appeals for the \nDistrict of Columbia Circuit shall have original and exclusive \njurisdiction to review any claim relating to an action by the \nAdministrator of the Environmental Protection Agency or the Secretary \nof the Interior with respect to the review, approval, denial, or \nissuance of an oil or natural gas lease or permit in the area of the \nouter Continental Shelf described in section 3(a)(1).\n (b) Deadline for Filing Claim.--A claim described in subsection (a) \nmay be brought not later than 60 days after the date of the action \ngiving rise to the claim.\n (c) Expedited Consideration.--The United States Court of Appeals \nfor the District of Columbia Circuit shall set any action brought under \nsubsection (a) for expedited consideration, taking into account the \nnational interest of enhancing national energy security by providing \naccess to the significant oil and natural gas resources in the area of \nthe outer Continental Shelf described in section 3(a)(1) that are \nneeded to meet the anticipated demand for oil and natural gas.","summary":"Outer Continental Shelf Permit Processing Coordination Act - Directs the Secretary of the Interior to establish three regional joint outer Continental Shelf (OCS) lease and permit processing coordination offices, one for the Alaska region of the OCS, one for the Atlantic region, and one for the Pacific region.","title":"A bill to establish outer Continental Shelf lease and permit processing coordination offices, and for other purposes.","text_len":7922,"sum_len":311} {"bill_id":"108_hr5038","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Heroes Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Each State has chosen statues of 2 local heroes to \n exhibit in the Capitol.\n (2) Most of these heroes depict figures who lived during \n the early years of the Nation's history.\n (3) The completion of the construction of the Capitol \n Visitor Center will increase the size of the public space \n inside the Capitol complex, making more space available in \n which statues of noteworthy Americans should be displayed.\n (4) On September 11, 2001, the passengers of United \n Airlines flight number 93 made a unique contribution which \n helped to protect the Capitol from attack.\n\nSEC. 3. STATE HERO DESIGNATION.\n\n (a) In General.--Each State may provide 1 statue of an individual \nrepresenting that State which shall be displayed in the Capitol Visitor \nCenter.\n (b) Criteria for Heroes.--The statues displayed in the Capitol \nVisitor Center shall be depictions of individuals who participated in \nthe life of the State they represent in ways that will inspire young \nAmericans to embrace the ideals of the United States as reflected in \nthe Constitution.\n (c) Selection of Heroes.--No statue shall be displayed in the \nCapitol Visitor Center unless the individual depicted in the statue was \nselected in the manner described in section 4.\n (d) American Hero Administrator.--\n (1) In general.--The Clerk of the House of Representatives \n and the Secretary of the Senate shall jointly assign to 1 of \n their employees the post of the American Hero Administrator, \n with such term as agreed upon by the Clerk and the Secretary.\n (2) Statue guidelines.--The American Hero Administrator \n shall prepare guidelines establishing the size, weight, and \n other necessary restrictions to be placed on the statues to be \n displayed in the Capitol Visitor Center under this Act.\n\nSEC. 4. STATE AMERICAN HERO COMMISSIONS.\n\n (a) In General.--In order for a statue provided by a State to be \nplaced in the Capitol Visitor Center under this Act, the State shall \nestablish an American Hero Commission to select the individual to \nrepresent that State.\n (b) Duties of the Commission.--\n (1) Selection of heroes.--Each American Hero Commission \n shall choose, by a majority vote, after considering any \n suggestions submitted under subsection (b), the individual \n whose statue will represent the State of that Commission.\n (2) Commission and delivery of statue.--Each American Hero \n Commission shall commission an artist to design and create the \n statue and shall arrange for the delivery of the statue to the \n Capitol Visitor Center.\n (3) Procurement of funds.--Each American Hero Commission \n shall raise private or State funds to pay for the cost of \n commissioning the statue and delivering it to the Capitol \n Visitor Center.\n (c) Commissioners.--\n (1) Appointment.--Each American Hero Commission shall be \n comprised of commissioners who are appointed by Members of \n Congress.\n (2) Number.--Each Member of Congress shall appoint 1 \n commissioner to the American Hero Commission for that Member's \n State so that the total number of commissioners shall be equal \n to the number of Senators plus the number of Members of the \n House of Representatives for the State.\n (3) Qualifications.--Commissioners shall be individuals who \n are respected in their communities and who are residents in \n good standing of the State represented by the appointing \n Member.\n (4) Compensation.--Commissioners shall serve on the \n American Hero Commission without compensation.\n (5) Administration.--The commissioners of each American \n Hero Commission shall establish the rules, meeting schedules, \n and deadlines that they consider appropriate in carrying out \n their duties.\n (d) Consultation of Essays.--\n (1) Request for essays.--Each American Hero Commission \n shall ask that young people who are between the ages of 14 and \n 18 and who live in the State to write essays suggesting \n individuals to represent the State in a statue displayed in the \n Capitol Visitor Center under this Act and to submit the essays \n to the Commission.\n (2) Consultation.--In determining who will represent their \n State, the commissioners of each American Hero Commission shall \n consider any individuals suggested in the essays submitted \n under paragraph (1).\n\nSEC. 5. STATUE HONORING THE PASSENGERS OF FLIGHT 93.\n\n (a) Procurement and Installation of Statue.--The Architect of the \nCapitol shall procure and install a statue honoring the passengers of \nUnited Airlines flight number 93 who died on September 11, 2001 for \ntheir heroic role in protecting Washington, DC from attack.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary to carry out this section.","summary":"American Heroes Act - Authorizes each State to provide one statue of an individual representing that State to be displayed in the Capitol Visitor Center. Specifies criteria for such statues. Requires the Clerk of the House of Representatives and the Secretary of the Senate to assign jointly to one of their employees the post of the American Hero Administrator to prepare statue guidelines. Requires: (1) a State to establish an American Hero Commission to select the individual to represent that State. And (2) the Architect of the Capitol to procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001, for their heroic role in protecting Washington, D. C. from attack.","title":"To permit each State to provide a statue of an individual representing that State to be displayed in the Capitol Visitor Center, and for other purposes.","text_len":5327,"sum_len":732} {"bill_id":"110_s1235","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Daniel Faulkner Law Enforcement \nOfficers and Judges Protection Act of 2007''.\n\nSEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW \n ENFORCEMENT OFFICER OR FEDERAL JUDGE.\n\n (a) Murder.--Section 1114 of title 18, United States Code, is \namended--\n (1) by inserting ``(a)'' before ``Whoever''; and\n (2) by adding at the end the following:\n ``(b) If the victim of an offense punishable under this section or \nsection 1117 is a Federal law enforcement officer or a United States \njudge (as those terms are defined in section 115), the offender shall \nbe punished by a fine under this title and--\n ``(1) in the case of murder in the first degree, or an \n attempt or conspiracy to commit murder in the first degree, \n death or imprisonment for life;\n ``(2) in the case of murder in the second degree, or an \n attempt or conspiracy to commit murder in the second degree, \n imprisonment for any term of years not less than 25 or for \n life; and\n ``(3) in the case of voluntary manslaughter, imprisonment \n for any term of years not less than 10 or for life.''.\n (b) Kidnapping.--Section 1201(a) of title 18, United States Code, \nis amended--\n (1) by redesignating subsections (f), (g), and (h) as \n subsections (g), (h), and (i), respectively; and\n (2) by inserting after subsection (e) the following:\n ``(f) If the victim of an offense punishable under subsection (a), \n(c), or (d) is a Federal law enforcement officer or a United States \njudge (as those terms are defined in section 115), the offender shall \nbe punished by a fine under this title and imprisonment for any term of \nyears not less than 20 or for life, or, if death results, may be \nsentenced to death.''.\n\nSEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT \n OFFICER OR FEDERAL JUDGE.\n\n (a) In General.--Section 111 of title 18, United States Code, is \namended to read as follows:\n``Sec. 111. Assaulting or interfering with certain officers or \n employees\n ``(a) Officers and Employees.--\n ``(1) In general.--It shall be unlawful to--\n ``(A) assault or interfere with an officer or \n employee described in section 1114, while such officer \n or employee is engaged in, or on account of the \n performance of, official duties;\n ``(B) assault or interfere with an individual who \n formerly served as an officer or employee described in \n section 1114 on account of the performance of official \n duties; or\n ``(C) assault or interfere with an individual on \n account of that individual's current or former status \n as an officer or employee described in section 1114.\n ``(2) Penalty.--Any person who violates paragraph (1), \n shall be--\n ``(A) fined under this title;\n ``(B)(i) in the case of an interference or a simple \n assault, imprisoned for not more than 1 year;\n ``(ii) in the case of an assault involving actual \n physical contact or the intent to commit any other \n felony, imprisoned for not more than 10 years;\n ``(iii) in the case of an assault resulting in \n bodily injury, imprisoned for not more than 20 years; \n or\n ``(iv) in the case of an assault resulting in \n substantial bodily injury (as that term is defined in \n section 113), or if a dangerous weapon was used or \n possessed during and in relation to the offense \n (including a weapon intended to cause death or danger \n but that fails to do so by reason of a defective \n component), imprisoned for not more than 30 years; or\n ``(C) fined under subparagraph (A) and imprisoned \n under subparagraph (B).\n ``(b) Law Enforcement Officers and Judges.--\n ``(1) In general.--If the victim of an assault punishable \n under this section is a Federal law enforcement officer or a \n United States judge (as those terms are defined in section \n 115)--\n ``(A) and if the assault resulted in substantial \n bodily injury (as that term is defined in section 113), \n the offender shall be punished by a fine under this \n title and imprisonment for not less 5 years nor more \n than 30 years; and\n ``(B) and if the assault resulted in serious bodily \n injury (as that term is defined in section 2119(2)), or \n a dangerous weapon was used or possessed during and in \n relation to the offense, the offender shall be punished \n by a fine under this title and imprisonment for any \n term of years not less than 10 or for life.\n ``(2) Imposition of punishment.--Each punishment for \n criminal conduct described in this subsection shall be in \n addition to any other punishment for other criminal conduct \n during the same criminal episode.''.\n (b) Technical and Conforming Amendment.--The table of sections at \nthe beginning of chapter 7 of title 18, United States Code, is amended \nby striking the item relating to section 111 and inserting the \nfollowing:\n\n``111. Assaulting or interfering with certain officers or employees.''.\n\nSEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW \n ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR \n ASSAULTING A FAMILY MEMBER.\n\n (a) In General.--Section 115 of title 18, United States Code, is \namended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following:\n ``(c)(1) If an offense punishable under this section is committed \nwith the intent to impede, intimidate, or interfere with a Federal law \nenforcement officer or a United States judge while that officer or \njudge is engaged in the performance of official duties, with the intent \nto retaliate against that officer or judge or a person who formerly \nserved as such an officer or judge on account of the performance of \nofficial duties, or with the intent to retaliate against an individual \non account of that individual's current or former status as such an \nofficer or judge, the offender shall be punished--\n ``(A) in the case of murder, attempted murder, conspiracy \n to murder, or manslaughter, as provided in section 1114(b);\n ``(B) in the case of kidnapping, attempted kidnapping, or \n conspiracy to kidnap, as provided in section 1201(f);\n ``(C) in the case of an assault resulting in bodily injury \n or involving the use or possession of a dangerous weapon during \n and in relation to the offense, as provided for a comparable \n offense against a Federal law enforcement officer or United \n States judge under section 111; and\n ``(D) in the case of any other assault or threat, by a fine \n under this title and imprisonment for not more than 10 years.\n ``(2) Each punishment for criminal conduct described in this \nsubsection shall be in addition to any other punishment for other \ncriminal conduct during the same criminal episode.''.\n (b) Technical and Conforming Amendment.--Section 2237(e)(1) of \ntitle 18, United States Code, is amended by striking ``in section \n115(c)'' and inserting ``in section 115''.\n\nSEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO \n CARRY FIREARMS.\n\n (a) Authority.--\n (1) In general.--Chapter 203 of title 18, United States \n Code, is amended by inserting after section 3053 the following:\n``Sec. 3054. Authority of Federal judges and prosecutors to carry \n firearms\n ``(a) In General.--Any justice of the United States or judge of the \nUnited States (as those terms are defined in section 451 of title 28), \nany judge of a court created under article I of the United States \nConstitution, any bankruptcy judge, any magistrate judge, any United \nStates attorney, and any other officer or employee of the Department of \nJustice whose duties include representing the United States in a court \nof law, may carry a firearm.\n ``(b) Regulations.--Not later than 180 days after the date of \nenactment of the Daniel Faulkner Law Enforcement Officers and Judges \nProtection Act of 2007, the Attorney General shall promulgate \nregulations to carry out this section. Such regulations may provide for \ntraining and regular certification in the use of firearms and shall, \nwith respect to justices, judges, bankruptcy judges, and magistrate \njudges, be promulgated after consultation with the Judicial Conference \nof the United States.''.\n (2) Effective date.--Section 3054(a) of title 18, United \n States Code, as added by paragraph (1), shall take effect 90 \n days after the date on which the Attorney General promulgates \n regulations under section 3054(b) of title 18, United States \n Code, as added by paragraph (1).\n (3) Technical and conforming amendment.--The table of \n sections at the beginning of chapter 203 of title 18, United \n States Code, is amended by inserting after item relating to \n section 3053 the following:\n\n``3054. Authority of Federal judges and prosecutors to carry \n firearms.''.\n (b) Amendments to Law Enforcement Officer Safety Provisions of \nTitle 18.--\n (1) In general.--Section 926B of title 18, United States \n Code, is amended by adding at the end the following:\n ``(f) For purposes of this section, a law enforcement officer of \nthe Amtrak Police Department or a law enforcement or police officer of \nany department or agency of the Federal Government qualifies as an \nemployee of a governmental agency who is authorized by law to engage in \nor supervise the prevention, detection, investigation, or prosecution \nof, or the incarceration of any person for, any violation of law, and \nhas statutory powers of arrest.''.\n (2) Retired law enforcement officers.--Section 926C of \n title 18, United States Code, is amended--\n (A) in subsection (c)--\n (i) in paragraph (3)(A), by striking ``was \n regularly employed as a law enforcement officer \n for an aggregate of 15 years or more'' and \n inserting ``served as a law enforcement officer \n for an aggregate of 10 years or more'';\n (ii) by striking paragraphs (4) and (5) and \n inserting the following:\n ``(4) during the most recent 12-month period, has met, at \n the expense of the individual, the standards for qualification \n in firearms training for active law enforcement officers as set \n by the former agency of that officer, the State in which that \n officer resides, or a law enforcement agency within the State \n in which that officer resides;''; and\n (iii) by redesignating paragraphs (6) and \n (7) as paragraphs (5) and (6), respectively;\n (B) in subsection (d)--\n (i) in paragraph (1), by striking ``to meet \n the standards established by the agency for \n training and qualification for active law \n enforcement officers to carry a firearm of the \n same type as the concealed firearm'' and \n inserting ``to meet the active duty standards \n for qualification in firearms training as \n established by the agency to carry a firearm of \n the same type as the concealed firearm''; and\n (ii) in paragraph (2)(B), by striking \n ``otherwise found by the State'' and all that \n follows and inserting ``otherwise found by the \n State or a certified firearms instructor that \n is qualified to conduct a firearms \n qualification test for active duty officers \n within that State to have met--\n ``(i) the active duty standards for qualification \n in firearms training as established by the State to \n carry a firearm of the same type as the concealed \n firearm; or\n ``(ii) if the State has not established the \n standards described in clause (i), standards set by any \n law enforcement agency within that State to carry a \n firearm of the same type as the concealed firearm.''; \n and\n (C) by adding at the end the following:\n ``(f) In this section, the term `service with a public agency as a \nlaw enforcement officer' includes service as a law enforcement officer \nof the Amtrak Police Department or as a law enforcement or police \nofficer of any department or agency of the Federal Government.''.\n\nSEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR \n CRIME OF VIOLENCE.\n\n (a) In General.--Section 1979 of the Revised States (42 U.S.C. \n1983) is amended by--\n (1) striking ``except that in any action'' and all that \n follows through ``relief was unavailable.'' and inserting the \n following: ``except that--\n ``(1) in any action brought against a judicial officer for \n an act or omission taken in the judicial capacity of that \n officer, injunctive relief shall not be granted unless a \n declaratory decree was violated or declaratory relief was \n unavailable; and\n ``(2) in any action seeking redress for a deprivation that \n was incurred in the course of, or as a result of, or is related \n to, conduct by the injured party that, more likely than not, \n constituted a felony or a crime of violence (as that term is \n defined in section 16 of title 18, United States Code) \n (including any deprivation in the course of arrest or \n apprehension for, or the investigation, prosecution, or \n adjudication of, such an offense), a court shall not have \n jurisdiction to consider a claim for damages other than for \n necessary out-of-pocket expenditures and other monetary \n loss.''; and\n (2) indenting the last sentence as an undesignated \n paragraph.\n (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 \nU.S.C. 1988(b)) is amended by striking ``except that in any action'' \nand all that follows and inserting the following: ``except that--\n ``(1) in any action brought against a judicial officer for \n an act or omission taken in the judicial capacity of that \n officer, such officer shall not be held liable for any costs, \n including attorneys fees, unless such action was clearly in \n excess of the jurisdiction of that officer; and\n ``(2) in any action seeking redress for a deprivation that \n was incurred in the course of, or as a result of, or is related \n to, conduct by the injured party that, more likely than not, \n constituted a felony or a crime of violence (as that term is \n defined in section 16 of title 18, United States Code) \n (including any deprivation in the course of arrest or \n apprehension for, or the investigation, prosecution, or \n adjudication of, such an offense), the court may not allow such \n party to recover attorney's fees.''.\n\nSEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW \n ENFORCEMENT OFFICER OR JUDGE.\n\n (a) In General.--Section 2254 of title 28, United States Code, is \namended by adding at the end the following:\n ``(j)(1) For an application for a writ of habeas corpus on behalf \nof a person in custody pursuant to the judgment of a State court for a \ncrime that involved the killing of a public safety officer (as that \nterm is defined in section 1204 of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public \nsafety officer or judge was engaged in the performance of official \nduties, or on account of the public safety officer's or judge's \nperformance of official duties or status as a public safety officer or \njudge--\n ``(A) the application shall be subject to the time \n limitations and other requirements under sections 2263, 2264, \n and 2266; and\n ``(B) the court shall not consider claims relating to \n sentencing that were adjudicated in a State court.\n ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of \nauthority for Federal courts to stay a sentence of death entered by a \nState court in a case described in paragraph (1).''.\n (b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in \nthe United States District Courts is amended by adding at the end the \nfollowing: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure \nshall not apply to a proceeding under these rules in a case that is \ndescribed in section 2254(j) of title 28, United States Code.''.\n (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28, \nUnited States Code, is amended by striking ``the subject of a \npetition'' and all that follows and inserting: ``reheard in the court \nof appeals or reviewed by writ of certiorari.''.\n (d) Effective Date and Applicability.--\n (1) In general.--This section and the amendments made by \n this section shall apply to any case pending on or after the \n date of enactment of this Act.\n (2) Time limits.--In a case pending on the date of \n enactment of this Act, if the amendments made by this section \n impose a time limit for taking certain action, the period of \n which began before the date of enactment of this Act, the \n period of such time limit shall begin on the date of enactment \n of this Act.\n (3) Exception.--The amendments made by this section shall \n not bar consideration under section 2266(b)(3)(B) of title 28, \n United States Code, of an amendment to an application for a \n writ of habeas corpus that is pending on the date of enactment \n of this Act, if the amendment to the petition was adjudicated \n by the court prior to the date of enactment of this Act.","summary":"Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers. (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges. (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer. And (4) authorize federal judges, US attorneys, and Justice Department employees to carry firearms. Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence. Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties.","title":"A bill to impose appropriate penalties for the assault or murder of a Federal law enforcement officer or Federal judge, for the retaliatory assault or murder of a family member of a Federal law enforcement officer or Federal judge, and for other purposes.","text_len":19214,"sum_len":1154} {"bill_id":"110_hr5714","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``United States Army Commemorative \nCoin Act of 2008''.\nSEC. 2. FINDINGS.\n The Congress finds that--\n (1) the United States Army, founded in 1775, has served this \n country well for over 230 years;\n (2) the United States Army has played a decisive role in \n protecting and defending freedom throughout the history of the \n United States, from the Colonial period to today, in wartime and in \n peace, and has consistently answered the call to serve the American \n people at home and abroad since the Revolutionary War;\n (3) the sacrifice of the American soldier, of all ranks, since \n the earliest days of the Republic has been immense and is deserving \n of the unique recognition bestowed by commemorative coinage;\n (4) the Army, the Nation's oldest and largest military service, \n is the only service branch that currently does not have a \n comprehensive national museum celebrating, preserving, and \n displaying its heritage and honoring its veterans;\n (5) the National Museum of the United States Army will be--\n (A) the Army's only service-wide, national museum honoring \n all soldiers, of all ranks, in all branches since 1775; and\n (B) located at Fort Belvoir, Virginia, across the Potomac \n River from the Nation's Capitol, a 10-minute drive from Mount \n Vernon, the home of the Army's first Commander-in-Chief, and \n astride the Civil War's decisive Washington-Richmond corridor;\n (6) the Army Historical Foundation (hereafter in this Act \n referred to as the ``Foundation''), founded in 1983--\n (A) is dedicated to preserving the history and heritage of \n the American soldier; and\n (B) seeks to educate future Americans to fully appreciate \n the sacrifices that generations of American soldiers have made \n to safeguard the freedoms of this Nation;\n (7) the completion and opening to the public of the National \n Museum of the United States Army will immeasurably help in \n fulfilling that mission;\n (8) the Foundation is a nongovernmental, member-based, and \n publicly supported nonprofit organization that is dependent on \n funds from members, donations, and grants for support;\n (9) the Foundation uses such support to help create the \n National Museum of the United States Army, refurbish historical \n Army buildings, acquire and conserve Army historical art and \n artifacts, support Army history educational programs, for research, \n and publication of historical materials on the American soldier, \n and to provide support and counsel to private and governmental \n organizations committed to the same goals as the Foundation;\n (10) in 2000, the Secretary of the Army designated the \n Foundation as its primary partner in the building of the National \n Museum of the United States Army; and\n (11) the Foundation is actively engaged in executing a major \n capital campaign to support the National Museum of the United \n States Army.\nSEC. 3. COIN SPECIFICATIONS.\n (a) Denominations.--In recognition and celebration of the founding \nof the United States Army in 1775, and notwithstanding any other \nprovision of law, the Secretary of the Treasury (hereafter in this Act \nreferred to as the ``Secretary'') shall mint and issue the following \ncoins:\n (1) $5 gold coins.--Not more than 100,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 500,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent copper.\n (3) Half dollar clad coins.--Not more than 750,000 half dollar \n coins, which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half dollar coins, \n contained in section 5112(b) of title 31, United States Code.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of sections 5134 and 5136 of \ntitle 31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\nSEC. 4. DESIGN OF COINS.\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this Act \n shall be emblematic of the traditions, history, and heritage of the \n United States Army, and its role in American society from the \n Colonial period to today.\n (2) Designations and inscriptions.--On each coin minted under \n this Act, there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2011''; and\n (C) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall--\n (1) contain motifs that specifically honor the American soldier \n of both today and yesterday, in wartime and in peace, such designs \n to be consistent with the traditions and heritage of the United \n States Army, the mission and goals of the National Museum of the \n United States Army, and the missions and goals of the Foundation;\n (2) be selected by the Secretary, after consultation with the \n Secretary of the Army, the Foundation, and the Commission of Fine \n Arts; and\n (3) be reviewed by the Citizens Coinage Advisory Committee.\nSEC. 5. ISSUANCE OF COINS.\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facilities.--For each of the 3 coins minted under this \nAct, at least 1 facility of the United States Mint shall be used to \nstrike proof quality coins, while at least 1 other such facility shall \nbe used to strike the uncirculated quality coins.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2011.\nSEC. 6. SALE OF COINS.\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to such \n coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders for \n the coins minted under this Act before the issuance of such coins.\n (2) Discount.--Sale prices with respect to prepaid orders under \n paragraph (1) shall be at a reasonable discount.\nSEC. 7. SURCHARGES.\n (a) In General.--All sales of coins minted under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 coin.\n (2) A surcharge of $10 per coin for the $1 coin.\n (3) A surcharge of $5 per coin for the half dollar coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \ncoins issued under this Act shall be promptly paid by the Secretary to \nthe Foundation to help finance the National Museum of the United States \nArmy.\n (c) Audits.--The Foundation shall be subject to the audit \nrequirements of section 5134(f)(2) of title 31, United States Code, \nwith regard to the amounts received by the Foundation under subsection \n(b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"United States Army Commemorative Coin Act of 2008 - Instructs the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half dollar clad coins as numismatic items emblematic of the traditions, history, and heritage of the US Army, and its role in American society from the Colonial period to today. Requires the design for such coins to contain motifs that honor specifically the American soldier of both today and yesterday, in wartime and in peace, consistent with the traditions and heritage of the US Army, the mission and goals of the National Museum of the US Army, and the missions and goals of the Army Historical Foundation. Restricts coin issuance to the one-year period beginning on January 1, 2011. Requires all surcharges from coin sales to be promptly paid by the Secretary to the Foundation to help finance the National Museum of the US Army.","title":"To require the Secretary of the Treasury to mint coins in recognition and celebration of the establishment of the United States Army in 1775, to honor the American soldier of both today and yesterday, in wartime and in peace, and to commemorate the traditions, history, and heritage of the United States Army and its role in American society, from the Colonial period to today.","text_len":8867,"sum_len":883} {"bill_id":"103_s320","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Unemployment Compensation, \nReemployment, and Fairness Act of 1993''.\n\nSEC. 2. INDIVIDUALS IN SELF-EMPLOYMENT PROGRAMS.\n\n (a) In General.--Section 3304(a)(8) of the Internal Revenue Code of \n1986 (relating to requirements) is amended by striking ``compensation'' \nand inserting ``(A) compensation'', by striking the semicolon and \ninserting ``; and'', and by adding at the end thereof the following new \nsubparagraph:\n ``(B) if the State elects to participate, \n compensation shall not be denied or reduced to any \n individual for any week because such individual is \n participating in a qualified self-employment program \n (as defined in section 3306(t)) with the approval of \n the State agency (or because of the application, to any \n such week in such program, of State law provisions \n relating to availability for work, active search for \n work, or refusal to accept work);''.\n (b) Definition.--Section 3306 of such Code (relating to \ndefinitions) is amended by adding at the end thereof the following new \nsubsection:\n ``(t) Qualified Self-Employment Program.--For purposes of this \nchapter, the term `qualified self-employment program' means a program \nwhich--\n ``(1) meets the requirements established by the Secretary \n of Labor, including requirements for State agencies to \n determine what constitutes a good prospect for successful, \n permanent self-employment,\n ``(2) is approved by the State agency, and\n ``(3) provides training for individuals attempting to \n become self-employed.''.\n (c) Effective Date.--The amendments made by this section shall \napply to compensation paid for weeks beginning on or after January 1, \n1993.\n\nSEC. 3. EARLY REEMPLOYMENT REVIEW OF UNEMPLOYED WORKERS.\n\n (a) In General.--Section 303 of the Social Security Act (42 U.S.C. \n503) is amended by adding at the end thereof the following new \nsubsection:\n ``(j)(1) The State agency charged with the administration of the \nState law--\n ``(A) shall, not later than the last day of the 5th week \n for which compensation is payable in an unemployed individual's \n benefit year, provide an early review of the individual's \n reemployment prospects, to the extent the State agency \n determines effective,\n ``(B) shall, to the extent the State agency determines \n effective, provide reemployment review information to other \n State employment and training program staff, including staff of \n State job services and service delivery areas (as described in \n section 101 of the Job Training Partnership Act),\n ``(C) shall, to the extent the State agency determines \n effective, provide job search and placement services, \n counseling, testing, occupational and labor market information, \n assessment, and referral to employers,\n ``(D) shall provide technical and training program staff to \n assist with reemployment services,\n ``(E) shall provide followup evaluation and assistance to \n individuals participating in reemployment activities, and\n ``(F) may provide reemployment reviews and, to the extent \n the State agency determines effective, reemployment services \n for workers who have received notice of permanent layoff or \n impending layoff, or workers in occupations which are \n experiencing limited demand due to technological change, impact \n of imports, or plant closures.\n ``(2) The Secretary of Labor shall prescribe such regulations as \nare necessary to carry out the provisions of this subsection, including \nregulations--\n ``(A) to carry out the provisions of subparagraphs (A) and \n (B) of paragraph (1),\n ``(B) to determine whether an individual should be \n considered temporarily or permanently laid off, and\n ``(C) to assist States in examining the use of computer \n technology to achieve the purposes of this subsection.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect on the date that is 90 days after the date of the enactment of \nthis Act.\n\nSEC. 4. HEARINGS FOR EMPLOYERS.\n\n (a) In General.--Section 303(a)(3) of the Social Security Act (42 \nU.S.C. 503(a)(3)) is amended by inserting ``and for all taxpayers with \nrespect to liability to make contributions, and to pay amounts, under \nthe unemployment compensation law of the State'' before the semicolon.\n (b) Regulations.--The Secretary of Labor may prescribe such \nregulations as the Secretary deems necessary to carry out the amendment \nmade by subsection (a) to section 303(a)(3) of the Social Security Act.\n (c) Effective Date.--The amendment made by this section shall take \neffect on the date that is 90 days after the date of the enactment of \nthis Act.","summary":"Unemployment Compensation, Reemployment, and Fairness Act of 1993 - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs. Amends the Social Security Act to require the State agency administering unemployment compensation to provide: (1) early reemployment review of unemployed workers. (2) technical and training program staff to assist with reemployment services. And (3) followup reevaluation and assistance to individuals participating in reemployment activities. Requires such agency to provide: (1) reemployment review information to other State employment and training program staff. And (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers. Allows such agency to provide reemployment reviews and services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures. Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes. Outlines the Secretary of Labor's administrative responsibilities under this Act.","title":"Unemployment Compensation, Reemployment, and Fairness Act of 1993","text_len":5088,"sum_len":1358} {"bill_id":"104_hr971","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeowners Empowerment and \nProtection Act of 1995''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds and declares that--\n (1) there are 65,000,000 homeowners in the United States, \n representing approximately two-thirds of all households, who \n have a strong and justified interest in preserving and \n enhancing the value of their property;\n (2) the value of a homeowner's home is based in large part \n on the location of the property relative to other features of \n the built and natural environment, and the increase or decrease \n in the value of a home over time is inextricably linked to \n changes in the quality of the neighborhood and environment in \n which the home is located, including but not limited to the \n quality of the water for drinking, fishing, and swimming, the \n clarity and healthfulness of the air, the risk of flooding, the \n scenic beauty of the community, the presence or absence of \n offensive odors and excessive noise, the health and abundance \n of wildlife resources, and other factors;\n (3) the value of homes in the United States is frequently \n reduced, and sometimes destroyed, by certain types of land \n development, industrial activity, and other actions that occur \n on neighboring properties or at other locations, including \n sites upwind, upstream, or upslope from private homes;\n (4) protecting private homeowners from the adverse affects \n of irresponsible actions of certain entities and individuals \n which cause injury to homeowners' property values is important \n not only to homeowners but also to their communities and \n society as a whole; and\n (5) current public information and participation procedures \n are often insufficient to provide individual homeowners with \n notice of activities and the opportunity to effectively \n participate in decisionmaking procedures that have the \n potential to significantly affect the value of their homes.\n\nSEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT \n COULD REDUCE THE VALUE OF THEIR HOMES.\n\n (a) Notice.--\n (1) General requirement.--Within 90 days after the \n enactment of this Act, the Director of the Office of Management \n and Budget shall establish uniform Federal procedures \n applicable to all agencies under this section. In accordance \n with such procedures, each agency shall require any person \n required to file any application to conduct property impacting \n activity with the agency to provide the notice described in \n this section. The Director shall designate a lead agency in the \n case of any application under this section that involves more \n than one agency.\n (2) Application to conduct property impacting activity.--\n For purposes of this section, the term an ``application to \n conduct property impacting activity'' means an application for \n a permit, license, or other approval form, or contract, lease, \n or other arrangement, with an agency, that would authorize the \n applicant, pursuant to Federal law, to conduct an activity that \n generates pollutants or produces other adverse impacts with the \n potential to reduce the value of any private home.\n (3) Homeowners required to receive notice.--The notice \n under this section shall be provided by delivery, by certified \n mail, of individual written notice to each homeowner whose \n property lies within \\1\/4\\ mile of the perimeter of the site at \n which the activity that is the subject of the application will \n be carried out. The applicant shall also publish notice under \n this subsection at least 3 times in the newspapers of general \n circulation in the affected community. The agency may also \n provide notice under this subsection by mail to the owner of \n any home identified by the agency as reasonably likely \nto suffer a reduction in value as a result of the proposed activity.\n (4) Notice contents.--The notice referred to in paragraph \n (2) shall describe the nature of the application to conduct \n property impacting activity, the potential impacts of the \n proposed activity on the value of private homes, potential \n impacts on homeowners and other members of the public, the name \n and telephone number of the applicant and an agency \n representative assigned to provide further information about \n the application, and any opportunities available for homeowner \n or other affected members of the public to comment on the \n proposed activity.\n (b) Public Response; Identification of Alternatives to Reduce \nProperty Impacts.--In addition to and not in lieu of any other \nprocedures established by law, each agency shall establish a toll-free \ntelephone number which homeowners may call to register concerns about \nthe potential effects on property values of an application for a \nproposed activity or to request additional information concerning \napplications to conduct property impacting activities filed with the \nagency and opportunities to submit public comment. If requested by an \napplicant or any homeowner whose property is reasonably likely to \nsuffer a reduction in value as a result of the activity to be \nauthorized by such application, the agency shall thoroughly investigate \nthe potential impact of the proposed activity on the value of private \nhomes, and seek to identify alternatives to the proposed action which \nreduce the adverse effects on the value of private homes.\n\nSEC. 4. HOMEOWNER RIGHT OF ACTION.\n\n (a) Right of Action.--Whenever any person has carried out any \nactivity that--\n (1) is authorized (or required to be authorized) by a \n permit, license, or other approval issued by an agency or \n pursuant to Federal law to such person, or by a contract, \n lease, or other arrangement between such person and an agency, \n and\n (2) generates pollutants or produces other adverse impacts \n that cause or significantly contribute to a total reduction in \n the value of one or more private homes of $10,000 or more,\nany owner of a private home, the value of which is reduced by such \nactivity, may commence an action against such person under this \nsection.\n (b) Notice of Intent to Sue and Voluntary Claim Resolution \nProcedures.--At least 30 days prior to filing an action under this \nsection, a homeowner shall deliver a notice of intent to sue to the \ndefendant and to the head of the agency to which the application to \nconduct property impacting activity is submitted or required to be \nsubmitted or which has authority to enter into the contract, lease, or \nother arrangement. If either the homeowner or the defendant requests \nthat the agency resolve the claim, the agency head shall convene a \nmeeting of the parties and use his or her best efforts to arrive at a \njust resolution of the claim in order to avoid unnecessary litigation \ncosts. Such efforts shall not affect the right of the homeowner to \nbring an action under this section at any time after the expiration of \nthe 30-day period referred to in this subsection.\n (c) Burden of Proof.--In any action under this section, the \nhomeowner shall have the burden of demonstrating that the activity \nconducted by the defendant caused or contributed to a reduction in the \nvalue of the homeowner's home.\n (d) Class Actions.--Similarly affected homeowners are authorized to \nfile suit under this section in accordance with rule 23 of the Federal \nRules of Civil Procedure in Federal district court in the district \nwhere his or her home is located.\n (e) Remedy.--Any homeowner authorized to bring suit under this \nsection shall be entitled to recover an amount equal to the reduction \nin the value of the homeowner's home caused or significantly \ncontributed to by the activity referred to in subsection (a), except \nthat such compensation may not exceed the median value (as determined \nby the court) of all private homes in the immediate vicinity of the \nhomeowner's home.\n (f) Attorneys Fees.--Any homeowner who receives compensation under \nthis section shall be awarded reasonable attorney's fees, including the \ncost of expert witnesses and other reasonable costs.\n (g) Injunction.--In addition to providing compensation under this \nsection, whenever any activity that is the subject of an action under \nthis section constitutes a violation of any Federal statute, \nregulation, permit, license, contract, lease, or other arrangement or \nform of approval, the court may enjoin such activity.\n (h) Jurisdiction.--The United States district court shall have \noriginal jurisdiction, concurrent with State courts, of any action \nbrought under this section.\n (i) Frivolous or Otherwise Improper Lawsuits.--If the court \ndismisses any action under this section after finding that the \nplaintiff's case was frivolous, dilatory, abusive, or brought to harass \nthe defendant or for any other improper purpose, in addition to any \nother sanction available to the court under the Federal Rules of Civil \nProcedure, the court may, upon motion by the defendant, order the \nplaintiff to pay the defendant's reasonable attorney's fees and other \nexpenses reasonably incurred by the defendant in participating in the \nlitigation.\n (j) Statute of Limitations.--No action may be brought under this \nsection with respect to any private home or homes after the date 5 \nyears after the date on which the total reduction in the value of such \nhome or homes has reached $10,000.\n (k) Savings Provisions.--\n (1) Prohibition of limitation on other claims.--No \n provision of this Act shall be construed to limit the rights of \n any person to pursue any claim or cause of action under the \n Constitution or any other law (including a claim or cause of \n action concerning real or personal property).\n (2) Prohibition of use as condition precedent.--\n Commencement of a suit under this Act, or receipt of \n compensation under this Act, shall not be a condition precedent \n for any claim or cause of action under any other authority of \n law.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act shall apply to each permit, license, or other form of \napproval issued by an agency after the date 180 days after the \nenactment of this Act and to each contract, lease, or other arrangement \nentered into by an agency after the date 180 days after the enactment \nof this Act.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act:\n (1) Agency.--The term ``agency'' has the meaning given that \n term in section 551(1) of title 5, United States Code.\n (2) Potential to reduce the value.--An activity that \n generates pollutants or produces other adverse impacts shall be \n considered to have the potential to reduce the value of any \n private home whenever such activity may result in physical \n damage or any other unlawful or objectively unreasonable \n interference with the use and enjoyment of a private home.\n (3) Private home.--The term ``private home'' means any \n owner occupied dwelling, including any multi-family dwelling \n and any condominium.\n (4) Reduction in value.--For any private home affected by \n an activity referred to in section 4, the term ``reduction in \n value'' means the difference (estimated based on values at the \n time an action is brought under this section) between the fair \n market value of the home, and the fair market value of the home \n in the absence of such activity.\n (5) Person.--The term ``person'' means any individual, \n corporation, partnership, or other organization or entity other \n than a Federal, State, or local government agency.","summary":"Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values. Directs each agency to: (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice, (2) provide a toll-free telephone number for homeowner response. And (3) investigate the proposed activity's impact on home values. Creates a homeowner right of action, including class action authority, for certain home value reductions.","title":"Homeowners Empowerment and Protection Act of 1995","text_len":12258,"sum_len":749} {"bill_id":"111_hr3774","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Development Program \nImplementation Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) title V of the Nuclear Non-Proliferation Act of 1978 \n (22 U.S.C. 3261 et seq.) requires the United States to work \n with developing countries in assessing and finding ways to meet \n their energy needs through alternatives to nuclear energy that \n are consistent with economic factors, material resources, and \n environmental protection; and\n (2) in December 2008, the Commission on the Prevention of \n Weapons of Mass Destruction Proliferation and Terrorism noted \n that the Federal Government had failed to implement title V of \n that Act and recommended that the Federal Government implement \n title V of that Act to help reduce the risk of nuclear \n proliferation.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Homeland Security and \n Governmental Affairs, the Committee on Foreign \n Relations, the Committee on Energy and Natural \n Resources, and the Committee on Appropriations of the \n Senate; and\n (B) the Committee on Oversight and Government \n Reform, the Committee on Foreign Affairs, the Committee \n on Energy and Commerce, and the Committee on \n Appropriations of the House of Representatives.\n (2) Energy development program.--The term ``energy \n development program'' means the program established under title \n V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 \n et seq.).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Energy, in cooperation with the Secretary of State and the \n Administrator of the United States Agency for International \n Development.\n\nSEC. 4. ENERGY DEVELOPMENT PROGRAM IMPLEMENTATION.\n\n (a) Strategic and Implementation Plans.--\n (1) In general.--Not later than 180 days after the date of \n enactment of this Act, the Secretary shall develop--\n (A) strategic plans for the energy development \n program consistent with title V of the Nuclear Non-\n Proliferation Act of 1978 (22 U.S.C. 3261 et seq.); and\n (B) implementation plans for the energy development \n program consistent with title V of that Act.\n (2) Review of plans.--Not later than 180 days after the \n date of enactment of this Act, the Secretary shall submit the \n strategic and implementation plans to the appropriate \n congressional committees for review.\n (b) Implementation.--Not later than 180 days after the date on \nwhich the plans are submitted to the appropriate congressional \ncommittees for review under subsection (a), the Secretary shall \nimplement the plans.\n (c) Allowances, Privileges, and Other Benefits.--\n (1) In general.--A Federal employee serving in an exchange \n capacity in the energy development program shall be considered \n to be detailed.\n (2) Employing agency.--For the purpose of preserving \n allowance, privileges, rights, seniority, and other benefits \n with respect to the Federal employee, the employee shall be--\n (A) considered an employee of the original \n employing agency; and\n (B) entitled to the pay, allowances, and benefits \n from funds available to the original employing agency.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section for \nfiscal year 2010 and each fiscal year thereafter.\n\nSEC. 5. REPORTS.\n\n (a) Annual Report.--Not later than 1 year after the date of \nimplementation of the plans under section 4(b) and every year \nthereafter, the Secretary shall report annually to the appropriate \ncongressional committees on the plans consistent with section 501 of \nthe Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261).\n (b) Report on the Alternative Energy Corps.--\n (1) Cooperative activities.--Not later than 1 year after \n the date of implementation of the plans under section 4(b), the \n Secretary shall report to the appropriate congressional \n committees on the feasibility of expanding the cooperative \n activities established pursuant to section 502(c) of the \n Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262) into an \n international cooperative effort.\n (2) Requirements.--The report required under paragraph (1) \n shall include an analysis and description of--\n (A) an Alternative Energy Corps that is designed to \n encourage large numbers of technically trained \n volunteers to live and work in developing countries for \n varying periods of time for the purpose of engaging in \n projects to aid in meeting the energy needs of those \n countries through--\n (i) the search for and use of non-nuclear \n indigenous energy resources; and\n (ii) the application of suitable \n technology, including the widespread use of \n renewable and unconventional energy \n technologies; and\n (B) other mechanisms that are available to \n coordinate an international effort to develop, \n demonstrate, and encourage the use of suitable \n technologies in developing countries.","summary":"Directs the Secretary of Energy to develop and implement strategic plans for the energy development program consistent with title V of the Nuclear Nonproliferation Act of 1978. Requires the Secretary to report to Congress respecting: (1) such plans. And (2) expanding specified cooperative activities into an international cooperative effort which shall include an analysis of an Alternative Energy Corps to encourage technically trained volunteers to live and work in developing countries.","title":"To implement title V of the Nuclear Non-Proliferation Act of 1978 and to promote economical and environmentally sustainable means of meeting the energy demands of developing countries, and for other purposes.","text_len":5985,"sum_len":490} {"bill_id":"107_hr3378","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on Homeland Security \nAct''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established the ``Commission on Homeland Security'' (in \nthis Act referred to as the ``Commission'').\n\nSEC. 3. DUTY OF COMMISSION.\n\n The Commission shall study procedures to protect the security of \nthe United States, including, but not limited to--\n (1) the efficiency and effectiveness with which Federal \n departments and agencies perform their security missions;\n (2) the adequacy of Federal personnel resources to perform \n security missions;\n (3) the adequacy and effectiveness of Federal controls over \n financial and information systems;\n (4) the accuracy, reliability, and security of personal \n identification information and systems used by the Federal \n Government under existing law;\n (5) how effectively Federal departments and agencies are \n organized to perform security missions; and\n (6) the effectiveness of relationships among, and \n activities of, the Federal Government, the States, and \n municipalities to protect security.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 21 \nmembers appointed as follows:\n (1) Five members appointed by the President, one of whom \n shall be the Assistant to the President for Homeland Security.\n (2) Four members appointed by the Speaker of the House of \n Representatives.\n (3) Four members appointed by the minority leader of the \n House of Representatives.\n (4) Four members appointed by the majority leader of the \n Senate.\n (5) Four members appointed by the minority leader of the \n Senate.\n (b) Qualifications.--Members of the Commission shall include \nindividuals with expertise in information technology and security, \ncivil liberties issues, and law enforcement issues.\n (c) Deadline for Appointment.--Members shall be appointed not later \nthan 60 days after the date of the enactment of this Act.\n (d) Terms.--Each member shall be appointed for the life of the \nCommission.\n (e) Pay.--Members shall serve without pay, but each member shall \nreceive travel expenses, including per diem in lieu of subsistence, in \naccordance with applicable provisions under subchapter I of chapter 57 \nof title 5, United States Code.\n (f) Chairperson.--The Assistant to the President for Homeland \nSecurity shall be the Chairperson of the Commission.\n\nSEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND \n CONSULTANTS.\n\n (a) Executive Director.--The Commission shall have an Executive \nDirector who shall be appointed by the Commission. The Executive \nDirector shall be paid at the rate of basic pay for level IV of the \nExecutive Schedule.\n (b) Staff.--The Commission may appoint and fix the pay of \nadditional personnel as it considers appropriate.\n (c) Applicability of Certain Civil Service Laws.--The Executive \nDirector and staff of the Commission may be appointed without regard to \nthe provisions of title 5, United States Code, governing appointments \nin the competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates, except that \nan individual so appointed may not receive pay in excess of the annual \nrate of basic pay for GS-15 of the General Schedule.\n (d) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n (e) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 6. HEARINGS AND SESSIONS.\n\n The Commission may, for the purpose of carrying out this Act, hold \nhearings, sit and act at times and places, take testimony, and receive \nevidence as the Commission considers appropriate. The Commission shall \nhold a minimum of eight hearings, including hearings in California, New \nYork, Texas, Illinois, and Florida.\n\nSEC. 7. ADDITIONAL POWERS OF COMMISSION.\n\n (a) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action that \nthe Commission is authorized to take by this section.\n (b) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n (c) Gifts, Bequests, and Devises.--The Commission may accept, use, \nand dispose of gifts, bequests, or devises of services or property, \nboth real and personal, for the purpose of aiding or facilitating the \nwork of the Commission. Gifts, bequests, or devises of money and \nproceeds from sales of other property received as gifts, bequests, or \ndevises shall be deposited in the Treasury and shall be available for \ndisbursement upon order of the Commission.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (f) Subpoena Power.--\n (1) In general.--The Commission may issue subpoenas \n requiring the attendance and testimony of witnesses and the \n production of any evidence relating to any matter under \n investigation by the Commission. The attendance of witnesses \n and the production of evidence may be required from any place \n within the United States at any designated place of hearing \n within the United States.\n (2) Failure to obey a subpoena.--If a person refuses to \n obey a subpoena issued under paragraph (1), the Commission may \n apply to a United States district court for an order requiring \n that person to appear before the Commission to give testimony, \n produce evidence, or both, relating to the matter under \n investigation. The application may be made within the judicial \n district where the hearing is conducted or where that person is \n found, resides, or transacts business. Any failure to obey the \n order of the court may be punished by the court as civil \n contempt.\n (3) Service of subpoenas.--The subpoenas of the Commission \n shall be served in the manner provided for subpoenas issued by \n a United States district court under the Federal Rules of Civil \n Procedure for the United States district courts.\n (4) Service of process.--All process of any court to which \n application is made under paragraph (2) may be served in the \n judicial district in which the person required to be served \n resides or may be found.\n (g) Immunity.--The Commission is an agency of the United States for \nthe purpose of part V of title 18, United States Code (relating to \nimmunity of witnesses). Except as provided in this subsection, a person \nmay not be excused from testifying or from producing evidence pursuant \nto a subpoena on the ground that the testimony or evidence required by \nthe subpoena may tend to incriminate or subject that person to criminal \nprosecution. A person, after having claimed the privilege against self-\nincrimination, may not be criminally prosecuted by reason of any \ntransaction, matter, or thing which that person is compelled to testify \nabout or produce evidence relating to, except that the person may be \nprosecuted for perjury committed during the testimony or made in the \nevidence.\n\nSEC. 8. REPORT.\n\n The Commission shall transmit a report to the President and \nCongress not later than 14 months after the date of the enactment of \nthis Act containing a detailed statement of the findings and \nconclusions of the Commission, together with recommendations for \nlegislation and administrative actions that the Commission considers \nappropriate.\n\nSEC. 9. TERMINATION.\n\n The Commission shall terminate 30 days after submitting its final \nreport pursuant to section 8.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions. (2) the adequacy of Federal personnel resources to perform such missions. (3) the adequacy and effectiveness of Federal controls over financial and information systems. (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law. (5) how effectively Federal departments and agencies are organized to perform security missions. And (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.","title":"To establish the Commission on Homeland Security.","text_len":8921,"sum_len":823} {"bill_id":"109_hr6184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Academic Anesthesiology and \nCRNA Payment Improvement Act of 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since 1991, the Medicare program has reduced \n reimbursements for anesthesia services provided to Medicare \n beneficiaries by 50 percent in certain instances when education \n of student nurse anesthetists or anesthesiology medical \n residents is involved, imposing financial disincentives against \n anesthesia education. These Medicare payment policies are known \n as anesthesia teaching rules.\n (2) In 2002, the Centers for Medicare & Medicaid Services \n (CMS) authorized an alternative payment system for certain \n cases involving nurse anesthesia education and subsequently for \n anesthesiology resident education, in which the agency allowed \n reimbursement for base units plus discontinuous time. However, \n the alternative has not propagated in the marketplace and CMS \n has declined to reform the anesthesia teaching rules further \n without an Act of Congress.\n (3) To ensure the access of patients to safe, high quality \n anesthesia care, society has a strong interest in providing for \n high quality anesthesia educational institutions. The \n population of the United States is aging, resulting in an \n increase in demand for health care requiring anesthesia and \n pain management services provided by anesthesiologists and \n certified registered nurse anesthetists (CRNAs).\n (4) Though the Institute of Medicine in 2000 found the \n provision of anesthesia in such year to be 50 times safer than \n the provision of anesthesia during the 20 years previous to \n such year, continued evaluation, innovation, and quality \n improvements in anesthesia are required to further enhance \n patient safety.\n (5) As of August 2006, there are 130 anesthesiology \n residency programs and 102 programs accredited by the Council \n on Accreditation of Nurse Anesthesia Educational Programs in \n the United States. Under the current payment rules under the \n Medicare program, both anesthesiology residency and nurse \n anesthesia educational programs report challenges recruiting \n and retaining faculty.\n (6) Since part B under the Medicare program provides for \n reimbursement for the services of anesthesiologists and the \n services of CRNAs, reforms to the anesthesia teaching rules \n under the Medicare program should treat teaching \n anesthesiologists and teaching CRNAs similarly with respect to \n anesthesiology medical residents and student registered nurse \n anesthetists, respectively, and should not favor one provider \n over another.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to ensure financial stability of nurse \nanesthesia and anesthesiology educational programs to provide \nsufficient opportunities for student nurse anesthetists and medical \nresidents to pursue the specialty of anesthesia so that patients \ncontinue to have access to quality health care.\n\nSEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND \n TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS.\n\n (a) For Physicians' Services.--Section 1848(a) of the Social \nSecurity Act (42 U.S.C. 1395w-4(a)) is amended--\n (1) in paragraph (4)(A), by inserting ``except as provided \n in paragraph (5)(A)'' after ``anesthesia cases,''; and\n (2) by adding at the end of paragraph (4) the following new \n paragraph:\n ``(5) Special rule for teaching anesthesiologists.--\n ``(A) In general.--With respect to physicians' \n services furnished by a teaching anesthesiologist \n involved in the training of physician residents or \n student nurse anesthetists in a single anesthesia case \n or two concurrent anesthesia cases, notwithstanding \n paragraph (4), the fee schedule amount to be applied \n for each such case shall be the amount described in \n subparagraph (B) if both of the following conditions \n are met:\n ``(i) The teaching anesthesiologist is \n present during all critical or key portions of \n the anesthesia service or case involved.\n ``(ii) At least one of the following \n individuals is immediately available to furnish \n anesthesia services during the entire case:\n ``(I) The teaching \n anesthesiologist.\n ``(II) An anesthesiologist with \n whom the teaching anesthesiologist has \n entered into an arrangement for such \n purpose.\n ``(III) In the case of the training \n of student nurse anesthetists, a \n certified registered nurse anesthetist \n with whom the teaching anesthesiologist \n has entered into an arrangement with \n respect to such training.\n ``(B) Amount described.--For purposes of \n subparagraph (A), the amount described in this \n subparagraph, with respect to anesthesia services \n furnished by a teaching anesthesiologist described in \n such subparagraph, is 100 percent of the fee schedule \n amount otherwise applicable under this section if the \n anesthesia services were personally performed by the \n teaching anesthesiologist alone.\n ``(C) Clarification for anesthesiologists who \n medically direct teaching certified registered nurse \n anesthetists.--Subparagraph (A) shall not apply in the \n case of physician services furnished by an \n anesthesiologist who medically directs a certified \n registered nurse anesthetist who is involved in the \n training of student nurse anesthetists in a single \n anesthesia case or two concurrent anesthesia cases.''.\n (b) For Services of Certified Registered Nurse Anesthetists.--\nSection 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended--\n (1) in paragraph (4)(B)(iii)--\n (A) by striking ``In the case of'' and inserting \n ``(I) Subject to clause (II), in the case of'';\n (B) by striking ``1848(a)(5)(B)'' and inserting \n ``1848(a)(4)(B)''; and\n (C) by adding at the end the following new \n subclause:\n ``(II) Subclause (I) shall apply to a certified registered nurse \nanesthetist who is medically directed or medically supervised by a \nphysician notwithstanding whether or not such certified registered \nnurse anesthetist is involved in the training of student nurse \nanesthetists in a single case or two concurrent cases.''; and\n (2) by adding at the end the following new paragraph:\n ``(7)(A) With respect to services furnished by a teaching certified \nregistered nurse anesthetist who is not medically directed and who is \ninvolved in the training of student nurse anesthetists in a single \nanesthesia case or two concurrent anesthesia cases, the fee schedule \namount to be applied for each such case shall be the amount described \nin subparagraph (B) if both of the following conditions are met:\n ``(i) The teaching certified registered nurse anesthetist \n is present during all critical or key portions of the \n anesthesia service or case involved.\n ``(ii) The teaching certified registered nurse anesthetist \n (or other certified registered nurse anesthetist or \n anesthesiologist with whom the teaching certified registered \n nurse anesthetist has entered into an arrangement) is \n immediately available to furnish anesthesia services during the \n entire case.\n ``(B) For purposes of subparagraph (A), the amount described in \nthis subparagraph, with respect to services furnished by a teaching \ncertified registered nurse anesthetist described in such subparagraph, \nis 100 percent of the fee schedule amount otherwise applicable under \nthis subsection if the services were personally performed by the \nteaching certified registered nurse anesthetist alone.''.\n (c) Effective Date.--The amendments made by this section shall \napply to services furnished on or after January 1, 2007.","summary":"Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100 of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved. And (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100 of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved. And (2) the teaching CRNA is immediately available to furnish anesthesia services during the entire case.","title":"To amend title XVIII of the Social Security Act to provide for improved payments under the Medicare Program for academic anesthesiology programs for resident physicians and for academic programs for student registered nurse anesthetists.","text_len":9052,"sum_len":2039} {"bill_id":"104_hr3808","text":"SECTION 1. INTELLECTUAL PROPERTY ASSEMBLY OF THE AMERICAS.\n\n (a) Establishment and Meetings.--Not to exceed 13 Members of \nCongress shall be appointed to meet jointly and at least annually and \nwhen Congress is not in session (except that this restriction shall not \napply to meetings held in the United States) with representative \nparliamentary groups from other countries in the Americas for the \npurposes of--\n (1) discussing common problems and interests in \n intellectual and industrial property; and\n (2) initiating and promoting such national and multilateral \n measures as may further common interests in intellectual and \n industrial property.\n (b) Appointment of United States Delegation.--For each meeting of \nthe Intellectual Property Assembly of the Americas, there shall be \nappointed a United States Delegation, as follows:\n (1) In 1998 and every even-numbered year thereafter--\n (A) 7 members shall be appointed by the Speaker of \n the House of Representatives from Members of the House \n of Representatives (3 of whom, including the \n Chairperson of the United States Delegation, shall be \n from the Committee on International Relations and 4 of \n whom shall be from the Committee on the Judiciary); and\n (B) 6 members shall, upon recommendations of the \n majority and minority leaders of the Senate, be \n appointed by the President pro tempore of the Senate \n from Members of the Senate (2 of whom, including the \n Vice Chairperson of the United States Delegation, shall \n be from the Committee on Foreign Relations and 4 of \n whom shall be from the Committee on the Judiciary, \n unless the President pro tempore of the Senate, upon \n recommendations of the majority and minority leaders of \n the Senate, determines otherwise).\n Such appointments shall be for the period of each meeting of \n the Intellectual Property Assembly of the Americas.\n (2) In every odd-numbered year beginning in 1999--\n (A) 7 members shall, upon recommendations of the \n majority and minority leaders of the Senate, be \n appointed by the President pro tempore of the Senate \n from Members of the Senate (3 of whom, including the \n Chairperson of the United States Delegation, shall be \n from the Committee on Foreign Relations and 4 of whom \n shall be from the Committee on the Judiciary, unless \n the President pro tempore of the Senate, upon \n recommendations of the majority and minority leaders of \n the Senate, determines otherwise); and\n (B) 6 members shall be appointed by the Speaker of \n the House of Representatives from Members of the House \n of Representatives (2 of whom, including the Vice \n Chairperson of the United States Delegation, shall be \n from the Committee on the Judiciary).\n Such appointments shall be for the period of each meeting of \n the Intellectual Property Assembly of the Americas.\n (c) Administrative Support.--For the purpose of providing general \nstaff support, each United States Delegation shall have 2 secretaries \n(1 of whom shall be appointed by the Chairperson of the Delegation and \n1 of whom shall be appointed by the Vice Chairperson of the \nDelegation).\n (d) Funding.--\n (1) United states participation.--There is authorized to be \n appropriated for each fiscal year the sum of $60,000 to assist \n in meeting the expenses of the United States Delegation. For \n each fiscal year for which an appropriation is made under this \n subsection, half of such appropriation may be disbursed on \n vouchers to be approved by the Chairperson and half of such \n appropriation may be disbursed on vouchers to be approved by \n the Vice Chairperson.\n (2) Availability of appropriations.--Amounts appropriated \n pursuant to this subsection are authorized to remain available \n until expended.\n (e) Annual Report.--The United States Delegation shall, for each \nfiscal year for which an appropriation is made pursuant to this \nsection, submit to the Congress a report that includes its expenditures \nunder such appropriation. The certificate of the Chairperson and Vice \nChairperson of the United States Delegation shall be final and \nconclusive upon the accounting officers in the auditing of the accounts \nof the United States Delegation.\n (f) Funding for Expenses of Annual Meetings.--In addition to the \namounts authorized by subsection (d), there is authorized to be \nappropriated the sum of $100,000 for fiscal year 1998 to meet the \nexpenses incurred by the United States Delegation in hosting the first \nannual meeting of the Intellectual Property Assembly of the Americas. \nAmounts appropriated under this subsection are authorized to remain \navailable until expended.\n\nSEC. 2. REPORTS OF EXPENDITURES; CONFORMING AMENDMENT.\n\n Section 105(b) of the Legislative Branch Appropriations Act, 1961 \n(22 U.S.C. 276c-1), is amended by inserting ``the Intellectual Property \nAssembly of the Americas,'' after ``the Mexico-United States \nInterparliamentary Group,''.","summary":"Provides for appointment of a US Delegation to the Intellectual Property Assembly of the Americas, which shall meet annually with representative parliamentary groups from other countries in the Americas to: (1) discuss common problems and interests in intellectual and industrial property. And (2) promote national and multilateral measures that may further common interests in such property. Authorizes appropriations.","title":"To establish the Intellectual Property Assembly of the Americas and to provide for participation in the Assembly by the United States Delegation.","text_len":5570,"sum_len":419} {"bill_id":"113_s2551","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technology and Research Accelerating \nNational Security and Future Economic Resiliency Act of 2014'' or the \n``TRANSFER Act''.\n\nSEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER GRANT PROGRAM.\n\n Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is \namended to read as follows:\n ``(jj) Innovative Approaches to Technology Transfer.--\n ``(1) Grant program.--\n ``(A) Definitions.--In this subsection--\n ``(i) the term `covered agency' means a \n Federal agency that is required to establish an \n STTR program under subsection (n);\n ``(ii) the term `eligible institution' \n means--\n ``(I) an institution of higher \n education;\n ``(II) a technology transfer \n organization that facilitates the \n commercialization of technologies \n developed by 1 or more institutions of \n higher education;\n ``(III) a Federal laboratory;\n ``(IV) a public or private \n nonprofit entity; or\n ``(V) a consortium of any of the \n entities described under subclause (I), \n (II), (III), or (IV);\n ``(iii) the term `Federal laboratory' has \n the meaning given that term under section 4(6) \n of the Stevenson-Wydler Technology Innovation \n Act of 1980 (15 U.S.C. 3703(6));\n ``(iv) the term `institution of higher \n education' has the meaning given that term \n under section 101(a) of the Higher Education \n Act of 1965 (20 U.S.C. 1001(a)); and\n ``(v) the term `program' means an \n Innovative Approaches to Technology Transfer \n Grant Program established by a covered agency \n under subparagraph (B).\n ``(B) Establishment of program.--The head of each \n covered agency shall establish a grant program, to be \n known as the Innovative Approaches to Technology \n Transfer Grant Program of the covered agency, to make \n grants to eligible institutions to improve or \n accelerate the commercialization of high quality and \n commercially viable federally funded research and \n technology by small business concerns.\n ``(C) Use of funds.--Grants awarded under a program \n may be used to--\n ``(i) provide early-stage proof of concept \n funding for translational research;\n ``(ii) identify research and technology \n that have the potential for accelerated \n commercialization;\n ``(iii) support technology maturation \n activities, including prototype construction, \n experiment analysis, product comparison, and \n the collection of performance data;\n ``(iv) provide funding for technical \n validations, market research, clarifying \n intellectual property rights position and \n strategy, and investigating commercial and \n business opportunities;\n ``(v) provide advice, mentoring, \n entrepreneurial education, project management, \n and technology and business development \n expertise to innovators and recipients of \n technology transfer licenses to maximize \n commercialization potential; and\n ``(vi) conduct outreach to small business \n concerns as potential licensees of federally \n funded research and technology to provide \n technology transfer services to those small \n business concerns.\n ``(D) Application.--\n ``(i) In general.--An eligible institution \n desiring a grant under the program shall submit \n an application to a covered agency at such \n time, in such manner, and containing such \n information as the covered agency may require.\n ``(ii) Required information.--An \n application submitted for a grant under the \n program shall include--\n ``(I)(aa) a description of \n innovative approaches to technology \n transfer, technology development, and \n commercial readiness that have the \n potential to increase or accelerate \n technology transfer outcomes and can be \n adopted by other eligible institutions; \n or\n ``(bb) a demonstration of, or a \n plan to implement, proven technology \n transfer and commercialization \n strategies that can achieve greater \n commercialization of federally funded \n research and technology with a grant \n under the program;\n ``(II) a description of how the \n eligible institution will contribute to \n local and regional economic development \n efforts;\n ``(III) a plan for sustainability \n after grant amounts have been expended; \n and\n ``(IV) a plan to assemble an \n oversight board in accordance with \n subparagraph (F).\n ``(E) Competitive basis.--A covered agency shall \n award grants to eligible institutions under the program \n of the covered agency on a competitive basis.\n ``(F) Oversight board.--\n ``(i) In general.--An eligible institution \n that receives a grant under the program shall \n assemble an oversight board to--\n ``(I) establish award programs for \n individual projects, including an \n application process;\n ``(II) provide rigorous evaluation \n of project applications;\n ``(III) determine which projects \n should receive awards from the eligible \n institution;\n ``(IV) establish milestones and \n associated award amounts for projects \n that reach certain milestones;\n ``(V) determine whether a project \n is reaching the established milestones; \n and\n ``(VI) develop a process to \n reallocate outstanding award amounts \n from projects that are not reaching \n milestones to other projects with more \n potential to reach those milestones.\n ``(ii) Membership and qualifications.--\n ``(I) In general.--An oversight \n board assembled under clause (i) shall \n be composed of members who shall have \n demonstrated relevant technical, \n scientific, or business expertise, of \n whom three-fifths shall be drawn from \n relevant industries, start-up \n companies, venture capital or other \n equity investment mechanisms, technical \n enterprises, financial institutions, \n and business development organizations \n with a track record of success in \n commercializing innovations.\n ``(II) Conflicts of interest.--An \n oversight board assembled under clause \n (i) shall adopt policies that--\n ``(aa) prohibit conflicts \n of interest among members of \n the oversight board;\n ``(bb) ensure that relevant \n relationships are disclosed; \n and\n ``(cc) establish proper \n recusal procedures in the event \n of a conflict of interest.\n ``(iii) Use of existing oversight boards.--\n An eligible institution may use oversight \n boards in existence on the date of the \n enactment of the Technology and Research \n Accelerating National Security and Future \n Economic Resiliency Act of 2014 that meet the \n requirements of this subparagraph.\n ``(G) Grant and award amounts.--\n ``(i) Grant amounts.--The amount of a grant \n made by a covered agency under the program of \n the covered agency shall be not more than \n $3,000,000.\n ``(ii) Award amounts.--An eligible \n institution that receives a grant under a \n program shall make awards for individual \n projects that support the activities of clauses \n (i), (iii) and (iv) of subparagraph (C), \n which--\n ``(I) shall not be more than \n $100,000; and\n ``(II) shall be provided in phased \n amounts, based on whether the project \n is reaching the milestones established \n by the oversight board of the eligible \n institution.\n ``(H) Authorized expenditures for the program.--\n ``(i) Expenditure amounts.--The percentage \n of the extramural budget for research, or \n research and development, required to be \n expended by a covered agency for the program of \n the covered agency shall be--\n ``(I) 0.05 percent for fiscal year \n 2015; and\n ``(II) 0.1 percent for each of \n fiscal years 2016 and 2017.\n ``(ii) Treatment of expenditures.--Any \n portion of the extramural budget expended by a \n covered agency for the program of the covered \n agency shall apply toward the STTR expenditure \n requirements of the covered agency under \n subsection (n).\n ``(2) Program evaluation and data collection and \n dissemination.--\n ``(A) Evaluation plan and data collection.--\n ``(i) In general.--Each covered agency \n shall develop a program evaluation plan to \n collect data to identify outcomes resulting \n from the transfer of technology under the \n program of the covered agency, including--\n ``(I) specific follow-on funding \n identified or obtained, including \n follow-on funding sources, such as \n Federal sources or private sources, not \n later than 3 years after the date on \n which an eligible institution makes an \n award for a project under the program;\n ``(II) the number of projects \n which, not later than 5 years after \n receiving an award from an eligible \n institution under the program, result \n in a license to a start-up company or \n an established company with sufficient \n resources for effective \n commercialization;\n ``(III) the number of invention \n disclosures received, United States \n patent applications filed, and United \n States patents issued not later than 5 \n years after the date on which an \n eligible institution makes an award for \n a project under the program;\n ``(IV) the number of projects \n receiving an award from an eligible \n institution under the program that \n secure Phase I or Phase II SBIR or STTR \n awards;\n ``(V) available information on \n revenue, sales, or other measures of \n products that have been commercialized \n as a result of projects receiving an \n award from an eligible institution \n under the program not later than 5 \n years after the date on which the \n eligible institution made the award;\n ``(VI) the number and location of \n jobs created as a result of projects \n receiving an award from an eligible \n institution under the program; and\n ``(VII) any other data as the \n covered agency may determine \n appropriate.\n ``(B) Evaluative report to congress.--Not later \n than September 30, 2018, the head of each covered \n agency shall submit to the Committee on Small Business \n and Entrepreneurship of the Senate and the Committee on \n Science, Space, and Technology and the Committee on \n Small Business of the House of Representatives a report \n evaluating the activities of the program of the covered \n agency, which shall include--\n ``(i) a detailed description of the \n implementation of the program;\n ``(ii) a detailed description of selection \n process used by the covered agency to award a \n grant to an eligible institution under the \n program;\n ``(iii) an accounting of the funds used in \n the program; and\n ``(iv) a summary of the data collected \n under subparagraph (A).\n ``(C) Data dissemination.--For purposes of program \n transparency and the dissemination of best practices, \n the Administrator shall include on the public database \n under subsection (k)(1) information on the program of \n each covered agency, including--\n ``(i) the program evaluation plan required \n under subparagraph (A);\n ``(ii) a list of recipients of awards made \n by an eligible institution for projects under \n the program by State; and\n ``(iii) information on the use by \n recipients of awards made by an eligible \n institution for projects under the program.''.","summary":"Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to revise the requirement that the Director of the National Institutes of Health (NIH) use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions. Directs the head of each covered federal agency required to establish a small business technology transfer (STTR) program to establish an Innovative Approaches to Technology Transfer Grant Program to make grants to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more of the institutions, federal laboratories, public or private nonprofit entities, or a consortium of any of these entities in order to improve or accelerate the commercialization of high quality and commercially viable federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires grant recipients to assemble an oversight board to establish award programs for individual projects and evaluate project applications. Prescribes the percentage of each covered agency's extramural budget for research, or research development required to be expended on such Program for FY2015-FY2017. Directs each covered agency to develop a Program evaluation plan to collect data to identify outcomes resulting from the transfer of technology under its Program. Requires the Administrator of the Small Business Administration (SBA) to include information on each covered agency's Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs.","title":"TRANSFER Act","text_len":18187,"sum_len":1886} {"bill_id":"109_s1380","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Railroad Safety Improvement Act of \n2005''.\n\nSEC. 2. RAILWAY-ROAD GRADE CROSSINGS.\n\n (a) Elimination of Crossings.--\n (1) In general.--Section 20134 of title 49, United States \n Code, is amended--\n (A) in subsection (a), by inserting ``and motorists \n at railroad grade crossings'' after ``rights of way'';\n (B) by amending subsection (c) to read as follows:\n ``(c) Automated Video Image Analysis Pilot Program.--(1) The \nSecretary of Transportation, in consultation with the National Highway \nTraffic Safety Administration, shall establish a pilot program in the 5 \nStates with the highest rates of collisions, injuries, and fatalities \nat highway-rail grade crossings that uses automated video image \nanalysis technology to record violations by motorists at crossings \nequipped with automatic warning devices.\n ``(2) There are authorized to be appropriated such sums as may be \nnecessary to carry out the program established under this paragraph \n(1).''; and\n (C) by adding at the end the following:\n ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not \nlater than 1 year after the date of enactment of this subsection, the \nSecretary of Transportation, in consultation with appropriate \ntransportation officials of States and units of local government with \njurisdiction over highway-rail grade crossings, shall submit, to the \nCommittee on Commerce, Science, and Transportation of the Senate, the \nCommittee on Environment and Public Works of the Senate, and the \nCommittee on Transportation and Infrastructure of the House of \nRepresentatives, a plan--\n ``(A) for annually eliminating highway-rail grade crossings \n in the United States that, as of the date of enactment of this \n subsection--\n ``(i) are considered by the Secretary of \n Transportation to pose a safety threat; and\n ``(ii) have insufficient or outdated protective \n equipment;\n ``(B) that includes guidelines for establishing new \n crossings, if necessary, through careful traffic, zoning, and \n land use planning; and\n ``(C) that includes an estimate of the cost to carry out \n subparagraph (A).\n ``(2) In determining the order for closing highway-rail grade \ncrossings under the plan developed under paragraph (1), the Secretary \nshall give priority to crossings in States that are among the top 5 \nStates in terms of--\n ``(A) the number of accidents at highway-rail grade \n crossings per mile of railroad tract;\n ``(B) the number of highway-rail grade crossings with \n insufficient or outdated protective equipment; or\n ``(C) the number of rail lines with a high volume of goods \n movement.\n ``(3) In developing the plan under paragraph (1), the Secretary \nshall consider--\n ``(A) the feasibility of closing and improving a group of \n highway-rail grade crossings in a single community;\n ``(B) the impact of closure on access by emergency \n vehicles;\n ``(C) traffic delays;\n ``(D) public inconvenience; and\n ``(E) the willingness of units of local government to \n participate in the elimination or consolidation of highway-rail \n grade crossings.''.\n (2) Report.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of Transportation shall \n update and reissue ``A Guide to Crossing Consolidation and \n Closure'', which was originally published in July 1994.\n (b) Grants to Improve the Safety of Railway-Highway Grade \nCrossings.--Section 130 of title 23, United States Code, is amended--\n (1) in subsection (d)--\n (A) by striking ``Each State'' and inserting the \n following:\n ``(1) In general.--Each State''; and\n (B) by adding at the end the following:\n ``(2) Federal safety review.--Using information compiled by \n States under paragraph (1), the Secretary of Transportation \n shall conduct a comprehensive review of the safety of all \n public railway-highway grade crossings in the United States. \n The matters reviewed shall include security measures, safety \n conditions, past accidents, possible safety improvements, and \n any other factors that the Secretary considers relevant.\n ``(3) Priority list.--Based on the information collected \n from the review conducted under paragraph (2), the Secretary of \n Transportation shall compile, maintain, and submit to Congress \n a list of the 5,000 railway-highway grade crossings most in \n need of safety improvements, grouped based on relative need for \n such improvements.'';\n (2) in subsection (f)--\n (A) by striking ``and 50'' and inserting ``25''; \n and\n (B) by striking ``States.'' and inserting ``States, \n and 25 percent of such funds shall be apportioned to \n the States in the ratio that total highway and rail \n traffic through railway-highway crossings in each State \n bears to the total of such traffic in all States.'';\n (3) in subsection (i)(3)(B), by striking ``$7,500'' and \n inserting ``$15,000'';\n (4) by redesignating subsection (j) as subsection (k); and\n (5) by inserting after subsection (i) the following:\n ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.--\n ``(1) Grants authorized.--The Secretary of Transportation \n may award grants to States to make necessary safety \n improvements to the railway-highway grade crossings identified \n under subsection (d)(3).\n ``(2) Prioritization.--In awarding grants under this \n subsection, the Secretary shall--\n ``(A) give priority to projects to install \n automated warning systems at railway-highway grade \n crossings in States with the highest number of \n accidents at such crossings; and\n ``(B) strive to reduce the number of railway-\n highway grade crossings without automated warning \n systems by not less than 50 percent.\n ``(3) Application.--Each State desiring a grant under this \n subsection shall submit an application to the Secretary at such \n time, in such manner, and accompanied by such information as \n the Secretary may reasonably require.\n ``(4) Matching requirement.--The Secretary may not award a \n grant to a State under this subsection unless that State agrees \n that, with respect to the costs to be incurred by the State in \n carrying out the program for which the grant was awarded, the \n State will make available non-Federal contributions in an \n amount equal to not less than $1 for every $9 of Federal \n financial assistance provided under the grant.''.\n (c) Funding.--Section 104(d) of title 23, United States Code, is \namended--\n (1) by amending the subsection header to read as follows: \n ``Funds Reserved for Improving Safety at Railway-Highway \n Crossings'';\n (2) by adding at the end the following:\n ``(3) Railway-road grade crossing safety improvements.--\n Before making an apportionment of funds under subsection (b)(3) \n for a fiscal year, the Secretary shall set aside $178,000,000 \n of the funds made available for the surface transportation \n program for the fiscal year for grants under section 130(j).''.\n\nSEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES.\n\n (a) Prevention of Trespassing and Vandalism on Railroad Property.--\nNot later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall--\n (1) analyze Federal, State, and local laws for preventing \n and responding to trespassing and vandalism on railroad \n property; and\n (2) update model strategies to prevent such trespassing and \n vandalism.\n (b) Model Legislation.--Not later than 2 years after the date of \nenactment of this Act, the Secretary of Transportation, after \nconsultation with States, units of local government, and railroad \ncarriers shall develop and make available model legislation providing \nfor civil and criminal penalties for individuals who violate grade \ncrossing signs, signals, or gates.\n\nSEC. 4. OPERATION LIFESAVER FUNDING.\n\n Section 104(d)(1) of title 23, United States Code, is amended by \nstriking ``set aside'' and all that follows and inserting the \nfollowing: ``set aside, to carry out a public information and education \nprogram to help prevent and reduce motor vehicle accidents, injuries, \nand fatalities, and to improve driver performance at railway-road \ncrossings--\n ``(1) $1,250,000 for fiscal year 2006;\n ``(2) $1,300,000 for fiscal year 2007;\n ``(3) $1,350,000 for fiscal year 2008;\n ``(4) $1,400,000 for fiscal year 2009; and\n ``(5) $1,460,000 for fiscal year 2010.''.\n\nSEC. 5. INSPECTIONS AND INVESTIGATIONS.\n\n (a) Annual Inspections.--Section 20107 of title 49, United States \nCode, is amended by adding at the end the following:\n ``(c) Annual Inspections.--The Secretary of Transportation, acting \nthrough the Administrator of the Federal Railroad Administration, \nshall, physically inspect, on an annual basis, not less than 2 percent \nof all highway-rail grade crossings in the 10 States with the highest \nrates of collisions at such crossings during the 3-year period ending \non the date of enactment of this Act.''.\n (b) Accident Investigations.--Section 20902 of title 49, United \nStates Code, is amended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by inserting after subsection (b) the following:\n ``(c) Investigation of Fatal Accidents.--\n ``(1) In general.--The Secretary of Transportation, acting \n through the Administrator of the Federal Railroad \n Administration, shall conduct an investigation of--\n ``(A) all fatal accidents in the United States \n during the 1-year period ending on the date of \n enactment of this subsection; and\n ``(B) any fatal railroad accident occurring in the \n United States on or after the date of enactment of this \n subsection.\n ``(2) Report to congress.--Not later than 18 months after \n the date of enactment of this Act, and annually thereafter, the \n Secretary shall submit a report to Congress on the results of \n the investigations conducted under paragraph (1) during the 1-\n year period ending on the date of enactment of this Act and \n during each successive 1-year period.''.\n\nSEC. 6. DEFINITION.\n\n As used in this Act, and the amendments made by this Act, the term \n``highway'' has the meaning given the term in section 101 of title 23, \nUnited States Code.","summary":"Railroad Safety Improvement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to establish an automated video image analysis pilot program in states with the highest rates of accidents at highway-rail grade crossings to record motorist violations at crossings equipped with automatic warning devices. Requires the Secretary to submit to Congress a plan to eliminate highway-rail grade crossings, with priority given to crossings where the number of accidents are high or there is insufficient or outdated protective equipment. Directs the Secretary to: (1) review the safety of all public railway-highway grade crossings in the United States. And (2) compile and submit to Congress, based on such review, a list of the 5,000 railway-highway grade crossings most in need of safety improvements. Authorizes the Secretary to award grants to states to make necessary improvements to crossings identified for elimination and improvement. Requires the Secretary, in awarding such grants, to: (1) give priority to projects to install automated warning systems at crossings in states with the highest number of accidents. And (2) strive to reduce the number of crossings without automated warning systems by not less than 50. Directs the Secretary to: (1) analyze all laws for preventing trespassing and vandalism on railroad property. And (2) develop model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. Requires the Secretary to inspect annually at least 2 of all highway-rail grade crossings in the 10 states with the highest rates of collisions at such crossings. Requires the Secretary to investigate, and report to Congress, all fatal accidents in the United States that occur on or after enactment of this Act.","title":"A bill to eliminate unsafe railway-road grade crossings, to enhance railroad safety through new safety technology, safety inspections, accident investigations, and for other purposes.","text_len":11435,"sum_len":1826} {"bill_id":"114_s3464","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Overtime Reform and Review Act''.\n\nSEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD.\n\n (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 213) is amended--\n (1) in subsection (a)(1), by inserting ``subsection (k) \n and'' after ``subject to''; and\n (2) by adding at the end the following:\n ``(k) Requirements for Salary Threshold.--\n ``(1) In general.--In promulgating regulations for purposes \n of defining and delimiting the terms defining employees exempt \n under subsection (a)(1), the Secretary shall require that any \n employee exempt under such subsection is compensated at a rate \n that is not less than the applicable salary threshold \n established under paragraph (2).\n ``(2) Incremental increases.--\n ``(A) Initial threshold.--The Secretary shall \n establish an applicable salary threshold, beginning on \n December 1, 2016, that is a rate of compensation equal \n to $35,984 per year, or $692 per week.\n ``(B) Subsequent increases.--Notwithstanding \n subparagraph (A) and subject to paragraph (3), the \n applicable salary threshold established under \n subparagraph (A) may be increased to a rate of \n compensation that is equal to--\n ``(i) beginning on December 1, 2018, \n $39,780 per year or $765 per week;\n ``(ii) beginning on December 1, 2019, \n $43,628 per year or $839 per week;\n ``(iii) beginning on December 1, 2020, \n $47,476 per year or $913 per week; and\n ``(iv) beginning on December 1, 2021, any \n rate of compensation provided by the Secretary \n in accordance with paragraph (4) and subsection \n (l).\n ``(3) Requirements for increases.--With respect to \n nonprofit organizations (including nonprofit institutions of \n higher education), Medicare or Medicaid dependent health care \n providers, and State and local governments, the increases \n provided in clauses (i), (ii), and (iii) of paragraph (2)(B) \n shall occur only if--\n ``(A) the Comptroller General of the United States \n conducts and submits the study under section 3 of the \n Overtime Reform and Review Act in accordance with that \n section; and\n ``(B) not later than June 1, 2018, the Comptroller \n General, in coordination with the Secretary and the \n Chief Counsel for Advocacy of the Small Business \n Administration, certifies that the increase in the \n salary threshold under paragraph (2)(A) from the salary \n threshold in effect prior to December 1, 2016, has \n not--\n ``(i) resulted in an increased rate of \n part-time employment; or\n ``(ii) negatively impacted workplace \n flexibility, benefit structures, career \n advancement opportunity, or job growth.\n ``(4) Salary threshold after december 1, 2021.--Not prior \n to December 1, 2021, the Secretary may issue a rule through \n notice and comment rulemaking in accordance with section 553 of \n title 5, United States Code, to change the rate of compensation \n for the applicable salary threshold under paragraph (2).\n ``(5) Rule of construction.--Nothing in this subsection \n shall require the Secretary to promulgate the regulations \n described in this subsection in accordance with the formal \n rulemaking provisions of sections 556 and 557 of title 5, \n United States Code.''.\n (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 203) is amended by adding at the end the following:\n ``(z) `Medicare or Medicaid dependent health care provider' means \nan employer who derives more than 50 percent of its revenue from \npayments under the Medicare program established under title XVIII of \nthe Social Security Act (42 U.S.C. 1395 et seq.), a State plan under \nthe Medicaid program under title XIX of such Act (42 U.S.C. 1396 et \nseq.), or both.''.\n (c) Effective Date.--This section, and the amendments made by this \nsection, shall take effect on December 1, 2016.\n\nSEC. 3. GAO STUDY.\n\n (a) In General.--Not later than March 1, 2018, the Comptroller \nGeneral of the United States shall conduct, and submit in accordance \nwith subsection (c), a study on the implementation of the salary \nthreshold provided under section 13(k)(2)(A) of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 213(k)(2)(A)).\n (b) Contents.--The study under this section shall include each of \nthe following:\n (1) The number of small entities affected by the increase \n in the salary threshold provided under section 13(k)(2)(A) of \n the Fair Labor Standards Act of 1938 compared to the salary \n threshold in effect prior to December 1, 2016.\n (2) An analysis of the impact of such increase based on \n regional, State, metropolitan, and nonmetropolitan salary data \n and cost-of-living differences.\n (3) The percentile of full-time salaried workers affected \n by such increase, including disaggregation by--\n (A) State;\n (B) industry subsector;\n (C) small organizations;\n (D) small government jurisdictions;\n (E) nonprofit organizations;\n (F) institutions of higher education as defined in \n section 101 of the Higher Education Act of 1965 (20 \n U.S.C. 1001);\n (G) Medicare or Medicaid dependent health care \n providers, as defined in section 3 of the Fair Labor \n Standards Act of 1938 (29 U.S.C. 203); and\n (H) small businesses.\n (4) Management and human resource costs for all employers \n in implementing such increase.\n (5) The impact of the increase on lower-wage industries, \n including by geographic area.\n (6) All nonfinancial costs associated with the increase, \n including the impact on employment (including rates of \n unemployment and part-time employment), workplace flexibility, \n employee benefit structures, career advancement opportunity, \n new business formation and termination, and loss of market \n share to foreign competition.\n (7) The impact of the increase on the number of individuals \n in the United States who are ``marginally attached'' or \n ``discouraged'' as defined by the Bureau of Labor Statistics.\n (c) Submission.--The study under this section shall be submitted to \nthe Committee on Health, Education, Labor, and Pensions of the Senate, \nthe Committee on Education and the Workforce of the House of \nRepresentatives, the Committee on Small Business and Entrepreneurship \nof the Senate, and the Committee on Small Business of the House of \nRepresentatives.\n\nSEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE.\n\n (a) In General.--Beginning on the date of enactment of this Act, or \nDecember 1, 2016, whichever date is earlier--\n (1) the rule submitted by the Department of Labor entitled \n ``Defining and Delimiting the Exemptions for Executive, \n Administrative, Professional, Outside Sales and Computer \n Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to \n have any force or effect;\n (2) the Secretary of Labor shall not enforce such rule \n based on conduct occurring before or after such date;\n (3) an employee shall not have any right of action against \n an employer for the employer's failure to comply with such rule \n at any time prior to or after such date; and\n (4) any regulations that were amended by such rule shall be \n restored and revived as if such rule had never taken effect.\n (b) Clarification.--Notwithstanding subsection (a), nothing in this \nAct shall be construed to create a right of action for an employer \nagainst an employee for the recoupment of any payments made to the \nemployee prior to the date of enactment of this Act, or December 1, \n2016, whichever date is earlier, that were in compliance with the rule \ndescribed in subsection (a)(1).\n\nSEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION.\n\n (a) Sense of the Senate.--It is the sense of the Senate that \nsection 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n213(a)(1)), including as in effect on the day before the date of \nenactment of this Act--\n (1) requires the Secretary of Labor to issue a new rule \n through notice and comment rulemaking in accordance with \n section 553 of title 5, United States Code, for each specific \n and enumerated change to the salary threshold provided in \n regulations promulgated under such section 13(a)(1), proposed \n by the Secretary of Labor; and\n (2) prohibits any rule that would result in a change to the \n salary threshold for which a specific and enumerated rate of \n compensation for the salary threshold was not proposed, \n including any procedure that automatically updates the salary \n threshold.\n (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of \n1938 (29 U.S.C. 213), as amended by section 2, is further amended--\n (1) in subsection (a)(1), by inserting ``in accordance with \n subsection (l)'' after ``regulations of the Secretary''; and\n (2) by adding at the end the following:\n ``(l) Requirements for Updating the Salary Threshold.--\n ``(1) In general.--For any change to the salary threshold \n provided in regulations promulgated under subsection (a)(1), \n the Secretary shall--\n ``(A) propose a specific and enumerated rate of \n compensation required for an employee to be exempt \n under such subsection; and\n ``(B) issue a rule through notice and comment \n rulemaking in accordance with section 553 of title 5, \n United States Code.\n ``(2) Prohibition on automatic updates.--In accordance with \n paragraph (1), the Secretary may not issue any rule that would \n result in a change to the salary threshold provided in \n regulations promulgated under subsection (a)(1) based on any \n procedure that automatically updates the salary threshold \n without taking each action required under paragraph (1).''.","summary":"Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled quot. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employeesquot. Shall cease to have any force or effect. This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking.","title":"Overtime Reform and Review Act","text_len":11164,"sum_len":1159} {"bill_id":"110_s887","text":"SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION \n FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.\n\n (a) Repeal of Transfer of Functions.--Section 421 of the Homeland \nSecurity Act of 2002 (6 U.S.C. 231) is repealed.\n (b) Conforming Amendment to Function of Secretary of Homeland \nSecurity.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. \n202) is amended--\n (1) by striking paragraph (7); and\n (2) by redesignating paragraph (8) as paragraph (7).\n (c) Transfer Agreement.--\n (1) In general.--Not later than the effective date \n described in subsection (g), the Secretary of Agriculture and \n the Secretary of Homeland Security shall enter into an \n agreement to effectuate the return of functions required by the \n amendments made by this section.\n (2) Use of certain employees.--The agreement may include \n authority for the Secretary of Agriculture to use employees of \n the Department of Homeland Security to carry out authorities \n delegated to the Animal and Plant Health Inspection Service \n regarding the protection of domestic livestock and plants.\n (d) Restoration of Department of Agriculture Employees.--Not later \nthan the effective date described in subsection (e), all full-time \nequivalent positions of the Department of Agriculture transferred to \nthe Department of Homeland Security under section 421(g) of the \nHomeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the \nday before the effective date described in subsection (g)) shall be \nrestored to the Department of Agriculture.\n (e) Authority of APHIS.--\n (1) Establishment of program.--The Secretary of Agriculture \n shall establish within the Animal and Plant Health Inspection \n Service a program, to be known as the ``International \n Agricultural Inspection Program'', under which the \n Administrator of the Animal and Plant Health Inspection Service \n (referred to in this subsection as the ``Administrator'') shall \n carry out import and entry agricultural inspections.\n (2) Information gathering and inspections.--In carrying out \n the program under paragraph (1), the Administrator shall have \n full access to--\n (A) each secure area of any terminal for screening \n passengers or cargo under the control of the Department \n of Homeland Security on the day before the date of \n enactment of this Act for purposes of carrying out \n inspections and gathering information; and\n (B) each database (including any database relating \n to cargo manifests or employee and business records) \n under the control of the Department of Homeland \n Security on the day before the date of enactment of \n this Act for purposes of gathering information.\n (3) Inspection alerts.--The Administrator may issue \n inspection alerts, including by indicating cargo to be held for \n immediate inspection.\n (4) Inspection user fees.--The Administrator may, as \n applicable--\n (A) continue to collect any agricultural quarantine \n inspection user fee; and\n (B) administer any reserve account for the fees.\n (5) Career track program.--\n (A) In general.--The Administrator shall establish \n a program, to be known as the ``import and entry \n agriculture inspector career track program'', to \n support the development of long-term career \n professionals with expertise in import and entry \n agriculture inspection.\n (B) Strategic plan and training.--In carrying out \n the program under this paragraph, the Administrator, in \n coordination with the Secretary of Agriculture, shall--\n (i) develop a strategic plan to incorporate \n import and entry agricultural inspectors into \n the infrastructure protecting food, fiber, \n forests, bioenergy, and the environment of the \n United States from animal and plant pests, \n diseases, and noxious weeds; and\n (ii) as part of the plan under clause (i), \n provide training for import and entry \n agricultural inspectors participating in the \n program not less frequently than once each year \n to improve inspection skills.\n (f) Duties of Secretary.--\n (1) In general.--The Secretary of Agriculture (referred to \n in this subsection as the ``Secretary'') shall--\n (A) develop standard operating procedures for \n inspection, monitoring, and auditing relating to import \n and entry agricultural inspections, in accordance with \n recommendations from the Comptroller General of the \n United States and reports of interagency advisory \n groups, as applicable; and\n (B) ensure that the Animal and Plant Health \n Inspection Service has a national electronic system \n with real-time tracking capability for monitoring, \n tracking, and reporting inspection activities of the \n Service.\n (2) Federal and state cooperation.--\n (A) Communication system.--The Secretary shall \n develop and maintain an integrated, real-time \n communication system with respect to import and entry \n agricultural inspections to alert State departments of \n agriculture of significant inspection findings of the \n Animal and Plant Health Inspection Service.\n (B) Advisory committee.--\n (i) Establishment.--The Secretary shall \n establish a committee, to be known as the \n ``International Trade Inspection Advisory \n Committee'' (referred to in this subparagraph \n as the ``committee''), to advise the Secretary \n on policies and other issues relating to import \n and entry agricultural inspection.\n (ii) Model.--In establishing the committee, \n the Secretary shall use as a model the \n Agricultural Trade Advisory Committee.\n (iii) Membership.--The committee shall be \n composed of members representing--\n (I) State departments of \n agriculture;\n (II) directors of ports and \n airports in the United States;\n (III) the transportation industry;\n (IV) the public; and\n (V) such other entities as the \n Secretary determines to be appropriate.\n (3) Report.--Not less frequently than once each year, the \n Secretary shall submit to Congress a report containing an \n assessment of--\n (A) the resource needs for import and entry \n agricultural inspection, including the number of \n inspectors required;\n (B) the adequacy of--\n (i) inspection and monitoring procedures \n and facilities in the United States; and\n (ii) the strategic plan developed under \n subsection (e)(5)(B)(i); and\n (C) new and potential technologies and practices, \n including recommendations regarding the technologies \n and practices, to improve import and entry agricultural \n inspection.\n (4) Funding.--The Secretary shall pay the costs of each \n import and entry agricultural inspector employed by the Animal \n and Plant Health Inspection Service--\n (A) from amounts made available to the Department \n of Agriculture for the applicable fiscal year; or\n (B) if amounts described in subparagraph (A) are \n unavailable, from amounts of the Commodity Credit \n Corporation.\n (g) Effective Date.--The amendments made by this section take \neffect on the date that is 180 days after the date of enactment of this \nAct.","summary":"Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections.","title":"A bill to restore import and entry agricultural inspection functions to the Department of Agriculture.","text_len":8986,"sum_len":400} {"bill_id":"108_hr5239","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Guard and Reserve Education \nAct of 2004''.\n\nSEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE \n SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF \n VETERANS AFFAIRS.\n\n (a) Increase in Rate of Assistance.--Subsection (b)(1) of section \n16131 of title 10, United States Code, is amended--\n (1) in subparagraph (A), by striking ``$251'' and inserting \n ``$400'';\n (2) by striking subparagraphs (B) and (C);\n (3) by redesignating subparagraph (D) as subparagraph (B); \n and\n (4) in subparagraph (B), as so redesignated, by striking \n ``for each month of less than half-time pursuit'' and inserting \n ``for each month of less than full-time pursuit''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply with respect to months beginning after the date of the enactment \nof this Act.\n (c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of \nsection 16131(b) of such title shall not apply to rates of basic \neducational assistance paid under such section during fiscal year 2005.\n\nSEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED \n RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF \n 180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30 \n OF TITLE 38, UNITED STATES CODE.\n\n (a) Increase.--Section 16131 of title 10, United States Code, is \namended by adding at the end the following new subsection:\n ``(j)(1) In the case of a person described in paragraph (2), the \nrate payable under subsection (b) or subsection (c) to such person for \nsuch educational assistance for each month shall be paid at the rate \napplicable under section 3015(b) of title 38.\n ``(2) A person referred to in paragraph (1) is a person who is \nentitled to educational assistance under this chapter--\n ``(A) who, on or after September 11, 2001, serves a period \n of active duty of at least 180 days of active duty pursuant to \n an order to serve on active duty under section 12301(a), \n 12301(d), 12301(g), 12302, or 12304 of this title during a five \n year period, or\n ``(B) in the case of a member of the Army National Guard of \n the United States or Air National Guard of the United States, \n who, on or after September 11, 2001, performed full time \n National Guard duty under section 502(f) of title 32 for at \n least 180 days during a five year period when authorized by the \n President or Secretary of Defense for the purpose of responding \n to a national emergency declared by the President and supported \n by Federal funds.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply with respect to payments of educational assistance under chapter \n1606 of such title for months beginning after September 30, 2004.\n\nSEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT.\n\n (a) In General.--Section 16133 of title 10, United States Code, is \namended--\n (1) in subsection (a), by striking ``subsection (b)'' and \n inserting ``subsections (b) and (c)''; and\n (2) by adding at the end the following new subsection:\n ``(c) In the case of a person described in section 16131(j)(2) of \nthis title, the period during which such person may use such person's \nentitlement to educational assistance under this chapter expires at the \nend of the 14-year period beginning on the date that is the last day of \nthe person's last duty referred to in such section.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on September 30, 2004, and shall apply to members of the \nSelected Reserve entitled to educational assistance under chapter 1606 \nof title 10, United States Code, on or after that date.\n\nSEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO \n RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL \n ASSISTANCE.\n\n (a) Establishment of Authority to Transfer Entitlement.--(1) \nChapter 1606 of title 10, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 16138. Transfer of entitlement to basic educational assistance \n by members of the Selected Reserve entitled to retired \n pay\n ``(a) In General.--Subject to the provisions of this section, each \nSecretary concerned may permit an individual described in subsection \n(b) who is entitled to basic educational assistance under this chapter \nto elect to transfer to one or more of the dependents specified in \nsubsection (c) a portion of such individual's entitlement to such \nassistance.\n ``(b) Eligible Individuals.--An individual referred to in \nsubsection (a) is an individual who--\n ``(1) is entitled to retired pay under chapter 1223; and\n ``(2) is entitled to educational assistance under this \n chapter.\n ``(c) Eligible Dependents.--An individual approved to transfer an \nentitlement to basic educational assistance under this section may \ntransfer the individual's entitlement as follows:\n ``(1) To the individual's spouse.\n ``(2) To one or more of the individual's children.\n ``(3) To a combination of the individuals referred to in \n paragraphs (1) and (2).\n ``(d) Designation of Transferee.--An individual transferring an \nentitlement to basic educational assistance under this section shall--\n ``(1) designate the dependent or dependents to whom such \n entitlement is being transferred;\n ``(2) designate the number of months of such entitlement to \n be transferred to each such dependent; and\n ``(3) specify the period for which the transfer shall be \n effective for each dependent designated under paragraph (1).\nEach designation under this section shall be made in writing and shall \nbe transmitted to the Secretary concerned and the Secretary of Veterans \nAffairs.\n ``(e) Time for Transfer; Revocation and Modification.--(1) Subject \nto the time limitation for use of entitlement under section 16133 of \nthis title, an individual approved to transfer entitlement to basic \neducational assistance under this section may transfer such entitlement \nat any time after the approval of the individual's request to transfer \nsuch entitlement without regard to whether the individual is a member \nof the Armed Forces when the transfer is executed.\n ``(2)(A) An individual transferring entitlement under this section \nmay modify or revoke at any time the transfer of any unused portion of \nthe entitlement so transferred.\n ``(B) The modification or revocation of the transfer of entitlement \nunder this paragraph shall be made by the submittal of written notice \nof the action to both the Secretary concerned and the Secretary of \nVeterans Affairs.\n ``(f) Commencement of Use.--In the case of entitlement transferred \nto a child to whom entitlement to basic educational assistance is \ntransferred under this section, the child may not commence the use of \nthe transferred entitlement until either--\n ``(1) the completion by the child of the requirements of a \n secondary school diploma (or equivalency certificate); or\n ``(2) the attainment by the child of 18 years of age.\n ``(g) Additional Administrative Matters.--(1) The use of any \nentitlement to basic educational assistance transferred under this \nsection shall be charged against the entitlement of the individual \nmaking the transfer at the rate of one month for each month of \ntransferred entitlement that is used.\n ``(2) Except as provided under subsection (d)(2) and subject to \nparagraphs (4) and (5), a dependent to whom entitlement is transferred \nunder this section is entitled to basic educational assistance under \nthis chapter in the same manner and at the same rate as the individual \nfrom whom the entitlement was transferred.\n ``(3)(A) The death of an individual transferring an entitlement \nunder this section shall not affect the use of the entitlement by the \ndependent to whom the entitlement is transferred.\n ``(B) Entitlement may only be transferred under this section before \nthe date of death of the individual making the transfer.\n ``(4) A child to whom entitlement is transferred under this section \nmay not use any entitlement so transferred after attaining the age of \n26 years.\n ``(5) The administrative provisions of chapter 30 of title 38 \n(including the provisions set forth in section 3034(a)(1) of that \ntitle) shall apply to the use of entitlement transferred under this \nsection, except that the dependent to whom the entitlement is \ntransferred shall be treated as the eligible veteran for purposes of \nsuch provisions.\n ``(6) The purposes for which a dependent to whom entitlement is \ntransferred under this section may use such entitlement shall include \nthe pursuit and completion of the requirements of a secondary school \ndiploma (or equivalency certificate).\n ``(h) Overpayment.--In the event of an overpayment of basic \neducational assistance with respect to a dependent to whom entitlement \nis transferred under this section, the dependent and the individual \nmaking the transfer shall be jointly and severally liable to the United \nStates for the amount of the overpayment for purposes of section 3685 \nof title 38.\n ``(i) Approvals of Transfer Subject to Availability of \nAppropriations.--The Secretary concerned may approve transfers of \nentitlement to basic educational assistance under this section in a \nfiscal year only to the extent that appropriations for military \npersonnel are available in that fiscal year for purposes of making \ndeposits in the Department of Defense Education Benefits Fund under \nsection 2006 of this title in that fiscal year to cover the present \nvalue of future benefits payable from the Fund for the Department of \nDefense portion of payments of basic educational assistance \nattributable to increased usage of benefits as a result of such \ntransfers of entitlement in that fiscal year.\n ``(j) Regulations.--After consultation with the Secretary of \nVeterans Affairs, the Secretary of Defense shall prescribe regulations \nfor purposes of this section. Such regulations shall specify the manner \nand effect of an election to modify or revoke a transfer of entitlement \nunder subsection (e)(2) and shall specify the manner of the \napplicability of the administrative provisions referred to in \nsubsection (g)(5) to a dependent to whom entitlement is transferred \nunder this section.\n ``(k) Annual Report.--(1) As part of the report required under \nsection 3020(l) of title 38, (beginning in 2006), the Secretary of \nDefense shall include information on the transfers of entitlement to \nbasic educational assistance under this section that were approved by \neach Secretary concerned during the preceding fiscal year.\n ``(2) Each report shall set forth--\n ``(A) the number of transfers of entitlement under this \n section that were approved by such Secretary during the \n preceding fiscal year; or\n ``(B) if no transfers of entitlement under this section \n were approved by such Secretary during that fiscal year, a \n justification for such Secretary's decision not to approve any \n such transfers of entitlement during that fiscal year.''.\n (2) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``16138. Transfer of entitlement to basic educational assistance by \n members of the Selected Reserve entitled to \n retired pay.''.\n (b) Conforming Amendment.--Section 3020 of title 38, United States \nCode, is amended--\n (1) by redesignating subsection (m) as subsection (n); and\n (2) by inserting after subsection (l) the following new \n subsection:\n ``(m) Coordination With Authority for Transfers Under the Reserve \nMontgomery GI Bill.--In carrying out this section and section 16138 of \ntitle 10, each Secretary concerned shall take such steps as may be \nnecessary to ensure that a transfer of entitlement under each such \nsection is made pursuant to the applicable requirements of such \nsections.''.\n\nSEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO \n CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE \n SELECTED RESERVE ENTITLED TO RETIRED PAY.\n\n (a) In General.--Subchapter II of chapter 30 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3020A. Annual report on transfers of entitlement to basic \n educational assistance by members of the Selected Reserve \n entitled to retired pay\n ``(a) Inclusion in Annual Report.--As part of the annual report \nsubmitted to the Congress under section 529 of this title, the \nSecretary shall include a description of the operation of the program \nfor transfer of entitlement to basic educational assistance by members \nof the selected reserve entitled to retired pay under section 16138 of \ntitle 10.\n ``(b) Specific Information Required.--The Secretary shall include \nin the description required under subsection (a) the following \ninformation:\n ``(1) The aggregate number of transfers of entitlement made \n during the preceding year.\n ``(2) The type of programs of education pursued by \n dependents to whom entitlement was so transferred.\n ``(3) The number of spouses to whom entitlement was so \n transferred.\n ``(4) The number of dependent children to whom entitlement \n was so transferred.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:","summary":"National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies. Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty. Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress.","title":"To amend titles 10 and 38, United States Code, to improve educational benefits for members of the Selected Reserve, and for other purposes.","text_len":14105,"sum_len":928} {"bill_id":"103_hr126","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equal Employment Opportunity \nCommission Amendments of 1993''.\n\nSEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT \n OPPORTUNITY COMMISSION.\n\n Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is \namended by adding at the end thereof the following:\n ``(f)(1) If any agency, department, or unit referred to in \nsubsection (a) fails to submit the plan required under subsection (b) \nby the time established by the Commission, the Commission may request \nthe head of such agency, department, or unit (or the designated \nrepresentative of such individual) to appear before the Commission to \nexplain the reasons for the failure to submit the plan and to present \nany objections to any requirement of the Commission with respect to \nsuch plan.\n ``(2) If, after the head of any agency, department, or unit \ndescribed in paragraph (1) has been given an opportunity for hearing by \nthe Commission pursuant to such paragraph, such agency, department, or \nunit has not submitted the plan required under subsection (b), the \nCommission shall order such agency, department, or unit or any officer \nor employee of such agency, department, or unit to submit the plan \nbefore the end of such period as the Commission determines to be \nreasonable. The Commission shall enforce compliance with such order.\n ``(3)(A) In enforcing compliance with any order under paragraph \n(2), the Commission may initiate a proceeding to determine--\n ``(i) who is the officer or employee of the United States \n responsible for the failure of the agency, department, or unit \n to comply with such order and the circumstances surrounding the \n failure to comply, and\n ``(ii) whether any disciplinary action is warranted against \n such officer or employee for such failure to comply.\nThe Commission, after investigation and consideration of the evidence \nsubmitted, shall submit its findings and recommendations to the \nadministrative head of the agency, department, or unit in which such \nofficer or employee is employed and shall send copies of the findings \nto the officer or employee or his representative. The administrative \nhead of the agency, department, or unit in which such officer or \nemployee is employed shall take any action recommended by the \nCommission.\n ``(B) In enforcing compliance with any order under paragraph (2), \nthe Commission may issue an order that--\n ``(i) any officer or employee of the agency, department, or \n unit charged with complying with the order under paragraph (2), \n or\n ``(ii) any officer or employee of the United States \n determined under subparagraph (A) to be responsible for the \n failure of the agency, department, or unit to comply with the \n order under paragraph (2),\nwho is not an officer or employee appointed by the President by and \nwith the advice and consent of the Senate, shall not be entitled to \nreceive payment for service as an officer or employee for the period \nduring which the order under paragraph (2) has not been complied with. \nThe Commission shall certify to the Comptroller General of the United \nStates that an order under this paragraph has been issued and no \npayment shall be made out of the Treasury of the United States for any \nservice specified in such order.\n ``(C) In enforcing compliance with any order under paragraph (2) \nwith respect to any officer or employee described in clause (i) or (ii) \nof subparagraph (B) who is an officer or employee appointed by the \nPresident by and with the advice and consent of the Senate, the \nCommission may notify the President that such officer or employee has \nfailed to obey a lawfully issued order of the Commission.\n ``(g)(1) The authority of the Commission under section 710 to \nsummon witnesses and compel the production of evidence includes the \nauthority to subpoena any officer or employee of the United States who \nhas custody of any information which the Commission determines to be \nnecessary or appropriate to enable it to carry out any duty imposed \nunder this section and to compel the production of such evidence by \nsuch officer or employee.\n ``(2) The authority of the Commission under section 710 to apply \nfor the aid of a district court of the United States to summon \nwitnesses and compel the production of evidence includes the authority \nto seek such aid to summon officers or employees of the United States \nas witnesses and to compel the production of evidence referred to in \nparagraph (1).\n ``(3) For purposes of any civil action relating to any subpoena \nissued by the Commission to summon a witness or compel the production \nof any evidence referred to in paragraph (1), the limitation contained \nin section 705(b)(2) shall not apply.''.\n\nSEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT \n OF AFFIRMATIVE ACTION PLANS.\n\n (a) Employment Goals.--Section 717(b) is amended by inserting \nbefore the last sentence the following:\n``Such plan shall also include the numerical employment goals \nestablished by such agency, department, or unit under section 7201(d) \nof title 5, United States Code.''.\n (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United \nStates Code, is amended by striking ``; and'' at the end thereof and \ninserting the following: ``which shall include the requirement that \neach Executive agency shall establish numerical employment goals for \nthe purpose of measuring the progress of such agency toward achieving \nthe requirements of this section and section 717(a) of the Civil Rights \nAct of 1964;''.","summary":"Equal Employment Opportunity Commission Amendments of 1993 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.","title":"Equal Employment Opportunity Commission Amendments of 1993","text_len":5719,"sum_len":933} {"bill_id":"109_hr6119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Puget Sound Regional Shellfish \nSettlement Act of 2006''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) the Tribes have established treaty rights to take \n shellfish from public and private tidelands in Washington \n State, including from some lands owned, leased, or otherwise \n subject to harvest by commercial shellfish Growers;\n (2) the district court that adjudicated the Tribes' treaty \n rights to take shellfish found that the Growers are innocent \n purchasers who had no notice of the Tribes' fishing right when \n they acquired their properties;\n (3) numerous unresolved issues remain outstanding regarding \n implementation of the Tribes' treaty right to take shellfish \n from lands owned, leased, or otherwise subject to harvest by \n the Growers;\n (4) the Tribes, the Growers, the State of Washington, and \n the United States Department of the Interior have resolved by a \n Settlement Agreement many of the disputes between and among \n them regarding implementation of the Tribes' treaty right to \n take shellfish from covered tidelands owned or leased by the \n Growers;\n (5) the Settlement Agreement does not provide for \n resolution of any claims to take shellfish from lands owned or \n leased by the Growers that potentially may be brought in the \n future by ``Other Tribes'';\n (6) in the absence of congressional actions, the prospect \n of ``Other Tribes'' claims to take shellfish from lands owned \n or leased by the Growers could be pursued through the courts, a \n process which in all likelihood could consume many years and \n thereby promote uncertainty in the State of Washington and the \n Growers and to the ultimate detriment of both the Tribes and \n Other Tribes and their members;\n (7) in order to avoid this uncertainty, it is the intent of \n Congress that Other Tribes have the option of resolving their \n claims, if any, to a treaty right to take shellfish from \n covered tidelands owned or leased by the Growers; and\n (8) this Act represents a good faith effort on the part of \n Congress to extend to Other Tribes the same fair and just \n option of resolving their claims to take shellfish from covered \n tidelands owned or leased by the Growers that the Tribes have \n agreed to in the Settlement Agreement.\n (b) Purpose.--The purposes of this Act are--\n (1) to approve, ratify, and confirm the Settlement \n Agreement entered into by and among the Tribes, commercial \n shellfish growers, the State of Washington and the United \n States on _____, 2006;\n (2) to provide Other Tribes with a fair and just resolution \n of any claims to take shellfish from ``covered tidelands'', as \n that term is defined in the Settlement Agreement, that \n potentially could be brought in the future by Other Tribes; and\n (3) to authorize the Secretary to implement the terms and \n conditions of the Settlement Agreement and this Act.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Fund.--The term ``Fund'' means the Puget Sound \n Shellfish Settlement Trust Fund Account established by this \n Act.\n (2) Growers.--The term ``Growers'' means Taylor United, \n Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric \n E. Lindsay; Minterbrook Oyster Company; Charles and Willa \n Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; \n and all persons who qualify as ``growers'' in accordance with \n and pursuant to the Settlement Agreement.\n (3) Other tribes.--The term ``Other Tribes'' means any \n federally recognized Indian nation or tribe other than the \n Tribes defined by this section that, within 20 years after the \n deposit of funds in the Special Holding Account, establishes a \n legally enforceable treaty right to take shellfish from covered \n tidelands described in the Settlement Agreement, owned, leased \n or otherwise subject to harvest by those persons or entities \n that qualify as Growers.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Settlement agreement.--The term ``Settlement \n Agreement'' means the Settlement Agreement entered into by and \n between the Tribes, commercial shellfish Growers, the State of \n Washington and the United States, signed on _________, 2006, to \n resolve certain disputes between and among them regarding \n implementation of the Tribes' treaty right to take shellfish \n from certain covered tidelands owned, leased or otherwise \n subject to harvest by the Growers.\n (6) Tribes.--The term ``Tribes'' means the following \n federally recognized Tribes that executed the Settlement \n Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, \n Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack, \n Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha \n Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi \n Nation, and the Swinomish Indian Tribal Community.\n (7) Special holding account.--The term ``Special Holding \n Account'' means the Puget Sound Shellfish Settlement Special \n Holding Account established by this Act.\n\nSEC. 4. APPROVAL OF SETTLEMENT AGREEMENT.\n\n (a) In General.--The Settlement Agreement is hereby approved, \nratified, and confirmed, and section 6 of the Settlement Agreement, \nRelease of Claims, is specifically adopted and incorporated into this \nAct as if fully set forth herein.\n (b) Authorization for Implementation.--The Secretary is hereby \nauthorized to implement the terms and conditions of the Settlement \nAgreement in accordance with the Settlement Agreement and this Act.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated the sum of $23,500,000 to \ncarry out this Act as follows:\n (1) $2,000,000 for fiscal year 2007.\n (2) $5,000,000 for each of fiscal years 2008 through 2010.\n (3) $6,500,000 for fiscal year 2011.\n\nSEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.\n\n (a) Puget Sound Regional Shellfish Settlement Trust Fund.--\n (1) There is hereby established in the Treasury of the \n United States an account to be designated as the ``Puget Sound \n Regional Shellfish Settlement Trust Fund''. The Secretary shall \n deposit funds in the amount of $22,000,000 at such time as \n appropriated pursuant to section 5 into the Fund.\n (2) The Fund shall be maintained and invested by the \n Secretary of the Interior pursuant to the Act of June 24, 1938 \n as amended (25 U.S.C. 162a) until such time that all monies are \n transferred from the Fund.\n (3) The Secretary shall transfer monies held in the Fund to \n each Tribe of the Tribes in the amounts and manner specified by \n and in accordance with the payment agreement established \n pursuant to the Settlement Agreement and this Act.\n (b) Puget Sound Regional Shellfish Settlement Special Holding \nAccount.--\n (1) There is hereby established in the Treasury of the \n United States a fund to be designated as the ``Puget Sound \n Regional Shellfish Settlement Special Holding Account''. The \n Secretary shall deposit funds in the amount of $1,500,000 into \n the Special Holding Account in fiscal year 2011 at such time as \n appropriated pursuant to section 5.\n (2) The Special Holding Account shall be maintained and \n invested by the Secretary of the Interior pursuant to the Act \n of June 24, 1938 as amended (25 U.S.C. 162a) until such time \n that all monies are transferred from the Special Holding \n Account.\n (3) If a court of competent jurisdiction renders a final \n decision declaring that any of the Other Tribes has an \n established treaty right to take or harvest shellfish in \n covered tidelands, as that term is defined in the Settlement \n Agreement, and such tribe opts to accept a share of the Special \n Holding Account, rather than litigate this claim against the \n Growers, the Secretary shall transfer the appropriate share of \n the monies held in the Special Holding Account to each such \n tribe of the Other Tribes in the amounts appropriate to \n compensate the Other Tribes in the same manner and for the same \n purposes as the Tribes who are signatory to the Settlement \n Agreement. Such a transfer to a tribe shall constitute full and \n complete satisfaction of that tribe's claims to shellfish on \n the covered tidelands.\n (4) The Secretary may retain such amounts of the Special \n Holding Account as necessary to provide for additional tribes \n that may judicially establish their rights to take shellfish in \n the covered tidelands within the term of that Account, provided \n that the Secretary pays the remaining balance to the Other \n Tribes prior to the expiration of the term of the Special \n Holding Account.\n (5) The Tribes shall have no interest, possessory or \n otherwise, in the Special Holding Account.\n (6) Twenty years after the deposit of funds into the \n Special Holding Account, the Secretary shall close the Account \n and transfer the balance of any funds held in the Special \n Holding Account at that time to the Treasury. However, the \n Secretary may continue to maintain the Special Holding Account \n in order to resolve the claim of an Other Tribe that has \n notified the Secretary in writing within the 20-year term of \n that Tribe's interest in resolving its claim in the manner \n provided for in this Act.\n (7) It is the intent of Congress that the Other Tribes, if \n any, shall have the option of agreeing to similar rights and \n responsibilities as the Tribes that are signatories to the \n Settlement Agreement, if they opt not to litigate against the \n Growers.\n (c) Annual Report.--Each tribe of the Tribes, or any of the Other \nTribes accepting a settlement of its claims to shellfish on covered \nlands pursuant to (b)(3), shall submit to the Secretary an annual \nreport that describes all expenditures made with monies withdrawn from \nthe Fund or Special Holding Account during the year covered by the \nreport.\n (d) Judicial and Administrative Action.--The Secretary may take \njudicial or administrative action to ensure that any monies withdrawn \nfrom the Fund or Special Holding Account are used in accordance with \nthe purposes described in the Settlement Agreement and this Act.\n (e) Clarification of Trust Responsibility.--Beginning on the date \nthat monies are transferred to a tribe of the Tribes or a tribe of the \nOther Tribes pursuant to this Act, any trust responsibility or \nliability of the United States with respect to the expenditure or \ninvestment of the monies withdrawn shall cease.\n\nSEC. 7. STATE OF WASHINGTON PAYMENT.\n\n The Secretary shall not be accountable for nor incur any liability \nfor the collection, deposit, management or nonpayment of the State of \nWashington payment of $11,000,000 to the Tribes pursuant to the \nSettlement Agreement.\n\nSEC. 8. RELEASE OF OTHER TRIBES CLAIMS.\n\n (a) Right to Bring Actions.--As of the date of enactment of this \nAct, all right of any Other Tribes to bring an action to enforce or \nexercise its treaty rights to take shellfish from public and private \ntidelands in Washington State, including from some lands owned, leased, \nor otherwise subject to harvest by any and all Growers shall be \ndetermined in accordance with the decisions of the Courts of the United \nStates in United States v. Washington, Civ. No. 9213 (Western District \nof Washington).\n (b) Certain Rights Governed by This Act.--If a tribe falling within \nthe category Other Tribes opts to resolve its claims to take shellfish \nfrom covered tidelands owned or leased by the Growers pursuant to \nsection 6(b)(3) of this Act, that tribe's rights shall be governed by \nthis Act, as well as by the decisions of the Courts in United States v. \nWashington, Civ. No. 9213.\n (c) No Breach of Trust.--Notwithstanding whether the United States \nhas a duty to initiate such an action, the failure or declination by \nthe United States to initiate any action to enforce any Other Tribe(s) \ntreaty rights to take shellfish from public and private tidelands in \nWashington State, including from covered tidelands owned, leased, or \notherwise subject to harvest by any and all Growers shall not \nconstitute a breach of trust by the United States or be compensable to \nOther Tribes.\n\nSEC. 9. CAUSE OF ACTION.\n\n If any payment by the United States is not paid in the amount or \nmanner specified by this Act, or is not paid within 6 months after the \ndate specified by the Settlement Agreement, such failure shall give \nrise to a cause of action by the Tribes either individually or \ncollectively against the United States for money damages for the amount \nauthorized but not paid to the Tribes, and the Tribes, either \nindividually or collectively, are authorized to bring an action against \nthe United States in the United States Court of Federal Claims for such \nfunds plus interest.","summary":"Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers. Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account. Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement. Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington. Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the US Court of Federal Claims.","title":"To provide for the equitable settlement of claims of Indian tribes in the region of Puget Sound, Washington regarding treaty rights to take shellfish from lands in that region, and for other purposes.","text_len":13893,"sum_len":1704} {"bill_id":"106_s1172","text":"SECTION 1. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG \n PRODUCTS.\n\n (a) Short Title.--This Act may be cited as the ``Drug Patent Term \nRestoration Review Procedure Act of 1999''.\n (b) Patent Term Restoration.--\n (1) In general.--Chapter 14 of title 35, United States \n Code, is amended by inserting after section 155A the following \n new section:\n``Sec. 155B. Patent term restoration review procedure for certain drug \n products\n ``(a) Definitions.--For purposes of this section--\n ``(1) the term `Commissioner' means the Commissioner of \n Patents and Trademarks; and\n ``(2) the term `drug product' has the meaning given that \n term under section 156(f)(2)(A), but does not include drugs or \n products described under section 156(f)(2)(B).\n ``(b) Special Patent Term Review Procedure.--\n ``(1) In general.--\n ``(A) Patent restored.--The term of any patent \n described under subparagraph (B) shall be restored \n under paragraph (3) from the expiration date determined \n under section 154 (including any extension granted \n under section 156), if the Commissioner determines that \n the standards under paragraph (2) have been met.\n ``(B) Patent.--Subparagraph (A) refers to any \n patent that--\n ``(i) has been extended under section 156, \n subject to the 2-year limitation described \n under section 156(g)(6)(c);\n ``(ii) is in force on--\n ``(I) September 24, 1984;\n ``(II) the date of enactment of \n this section; and\n ``(III) the date of filing an \n application under this section; and\n ``(iii) claims a drug product, a method of \n using a drug product, or a method of \n manufacturing a drug product.\n ``(2) Standards.--\n ``(A) In general.--Upon application by the owner of \n record of the patent or its agent under paragraph (5) \n and consideration of the application and all materials \n submitted by parties that would be aggrieved by grant \n of the restoration of a patent, the term of a patent \n described in paragraph (1) shall be restored if the \n Commissioner determines that--\n ``(i) the period set forth in section \n 156(g)(1)(B)(ii) for the drug product exceeded \n 60 months;\n ``(ii) the owner of record of the patent or \n its agent has established by clear and \n convincing evidence that the patent owner acted \n with due diligence (as such term is defined in \n section 156(d)(3) and applied in section \n 156(d)(2)) during the regulatory review period \n referred to in section 156(g)(1)(B); and\n ``(iii) granting the patent restoration \n would not be detrimental to the public interest \n and the interest of fairness, as defined by the \n factors set forth in paragraph (7).\n ``(B) Determination.--\n ``(i) Deduction of time.--If the \n Commissioner determines there is substantial \n evidence that the patent owner did not act with \n due diligence during a part of the regulatory \n review period, that part shall be deducted from \n the total amount of time in the applicable \n regulatory review period referred to in section \n 156(g)(1)(B), and the resulting period, shall \n be the basis for calculating the patent \n restoration term under paragraph (3) of this \n subsection.\n ``(ii) FDA consultation.--The Food and Drug \n Administration shall be consulted with respect \n to the Commissioner's determinations under \n subparagraph (A) (i), (ii), and (iii). If there \n is a dispute concerning the underlying facts \n between the patent owner and the Food and Drug \n Administration, the Food and Drug \n Administration shall make the relevant records \n of the Administration available to the \n Commissioner.\n ``(3) Restoration term.--If the Commissioner determines \n that the standards in paragraph (2) have been met for a patent, \n the term of such patent shall be restored for a period equal to \n the regulatory review period as defined in section 156(g)(1)(B) \n (taking into account any deduction under paragraph (2)(B)(i)), \n without taking into account the 2-year limitation described in \n section 156(g)(6)(C), except that--\n ``(A) the total of the period of the patent term \n restoration granted under this section and any patent \n term extension previously granted under section 156 \n shall be subject to the time period limitations \n described in section 156(c)(2)-156 (c)(4) and \n (g)(6)(A); and\n ``(B) any patent term extension previously granted \n under section 156 shall be subtracted from the period \n of the patent term restoration granted under this \n subsection.\n ``(4) Infringement.--During the period of any restoration \n granted under this subsection, the rights derived from a patent \n the term of which is restored shall be determined in accordance \n with sections 156(b) and 271.\n ``(5) Procedure.--\n ``(A) Time for filing.--Any application under this \n section shall be filed with the Commissioner within 90 \n days after the date of enactment of this section.\n ``(B) Filing.--Upon submission of an application to \n the Commissioner by the owner of record of a patent \n referred to in paragraph (1) or its agent for a \n determination in accordance with paragraph (3)--\n ``(i) the Commissioner shall publish within \n 30 days after the submission in the Federal \n Register a notice of receipt of an application \n and make the application available to the \n public upon request;\n ``(ii) any interested party may submit \n comments on the application within the 60-day \n period beginning on the date of publication of \n the notice;\n ``(iii) within 7 days following the \n expiration of that 60-day period, the \n Commissioner shall forward a copy of all \n comments received to the applicant, who shall \n be entitled to submit a response to such \n comments to the Commissioner within 45 days \n after receipt of such comments;\n ``(iv) within 30 days following receipt of \n the applicant's response to comments or, if \n there are no such comments, within 30 days \n following expiration of the 60-day comment \n period, the Commissioner shall, in writing--\n ``(I) determine whether to grant \n the application; and\n ``(II) make specific findings \n regarding the criteria set forth in \n paragraph (2) (including, where \n appropriate, findings regarding the \n public interest and fairness factors \n set forth in paragraph (7)); and\n ``(v) if the Commissioner determines that \n the standards set forth in paragraph (2) have \n been met, the Commissioner shall--\n ``(I) issue to the applicant a \n certificate of restoration, under seal, \n for the period prescribed under \n paragraph (3); and\n ``(II) record the certificate in \n the official file of the patent, which \n certificate shall be in effect from the \n date it issues and shall be considered \n a part of the original patent.\n ``(C) Patent term during review.--If the term of a \n patent for which an application has been submitted \n under this section would expire before a determination \n to issue a certificate of restoration is made under \n subparagraph (B), the Commissioner may extend, until \n such determination is made (but not to exceed 1 year) \n the term of the patent if the Commissioner determines \n that the patent likely would be eligible for \n restoration.\n ``(D) Record and review.--The Commissioner's \n determination under subparagraph (B)(iv) shall be based \n solely on the record developed under this subsection. \n Except as provided in section 141, the Commissioner's \n determination shall not be reviewable in any court.\n ``(6) Application fee.--The applicant shall pay a fee for \n an application made under this subsection which shall be \n determined in accordance with the same criteria as the fees \n established under section 156(h).\n ``(7) Public interest and fairness.--When required to make \n a determination under paragraph (2)(A)(iii), the Commissioner \n shall consider each of the following factors and shall not rely \n solely on any single factor:\n ``(A) Whether grant of the application would result \n in the public having no other commercially available \n alternatives to treat the same disease or condition as \n the drug claimed in the patent that is the subject of \n the patent term restoration request.\n ``(B) Whether grant of the application would \n disserve society's interest in the availability of \n innovative drugs at competitive prices.\n ``(C) Whether denial of the application would \n disserve society's interest in encouraging and \n rewarding pharmaceutical research and innovation.\n ``(D) Whether denial of the application would be \n unfair to the applicant, in comparison to others who \n have experienced the benefits of a 5-year patent \n restoration under section 156 while experiencing \n similar regulatory review delays.\n ``(E) Whether other manufacturers, before the date \n of enactment of this section, have submitted \n applications under sections 505(b)(2) or (j) of the \n Federal Food, Drug, and Cosmetic Act that are \n sufficiently complete to permit substantive review and \n have made substantial investments to manufacture a \n generic version of the particular drug that is the \n subject of the patent term restoration application, \n which would not receive the compensation specified \n under subsection (e) of the Drug Patent Term \n Restoration Review Procedure Act of 1999.''.\n (2) Technical and conforming amendment.--The table of \n sections for chapter 14 of title 35, United States Code, is \n amended by inserting after the item relating to section 155A \n the following:\n\n``155B. Patent term restoration review procedure for certain drug \n products.''.\n (c) Appeal of Determinations of the Commissioner.--Section 141 of \ntitle 35, United States Code, is amended by adding at the end the \nfollowing: ``The applicant under section 155B, or any aggrieved party \nthat made a submission commenting on an application under section 155B, \nmay appeal the determination of the Commissioner under such section to \nthe United States Court of Appeals for the Federal Circuit.''.\n (d) Court Jurisdiction.--\n (1) Court of appeals for the federal circuit.--Section \n 1295(a)(4) of title 28, United States Code, is amended--\n (A) in subparagraph (B), by striking ``or'' after \n the semicolon;\n (B) in subparagraph (C), by adding ``or'' after the \n semicolon; and\n (C) by inserting after subparagraph (C) the \n following:\n ``(D) the Commissioner of Patents and Trademarks \n under section 155B of title 35;''.\n (2) Jurisdiction based on infringement of patent.--Section \n 271(e) of title 35, United States Code, is amended by adding at \n the end the following:\n ``(5) In any action brought under paragraph (2) involving a \n patent, the term of which has been restored under section 155B, \n the alleged infringer shall have the right to seek compensation \n under subsection (e) of the Drug Patent Term Restoration Review \n Procedure Act of 1999.''.\n (e) Compensation.--\n (1) In general.--In the event a person has submitted an \n application described in section 505(b)(2) or 505(j) of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) \n for a drug product covered by a patent for which a patent term \n restoration was provided under section 155B of title 35, United \n States Code (as added by subsection (a)(1)) and such \n application has been found by the Food and Drug Administration \n on or before the date of the enactment of this section to be \n sufficiently complete to permit substantive review, such person \n shall be entitled to compensation of $2,000,000 by the patent \n owner. Any holder of a Type II Drug Master File that has \n permitted a reference to its Type II Drug Master File to be \n made in such application shall be entitled to compensation of \n $1,000,000 by the patent owner.\n (2) Limits on liability.--A patent owner shall not be \n required to make under paragraph (1) payments exceeding--\n (A) $10,000,000 to persons submitting applications \n described in such paragraph, or\n (B) $5,000,000 to holders of Type II Drug Master \n Files.\n If the aggregate limits are insufficient to pay the applicants \n or holders the full amounts specified in paragraph (1), each \n such applicant or holder shall be paid its per capita share of \n the aggregate liability imposed by paragraph (1) upon the \n patent holder.\n (f) Effect of Filing of Abbreviated Applications.--The fact that 1 \nor more abbreviated applications have been filed under section 505 (b) \nor (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b) \nor (j)) for approval of a drug product, which is covered by a patent \nthat is the subject of an application for term restoration under this \nsection, shall not preclude the grant of such term restoration.\n (g) Report to Congress.--Not later than 1 year after the effective \ndate of this section, the Commissioner of Patents and Trademarks \nshall--\n (1) submit to Congress a report evaluating the patent term \n restoration review procedure established under this section; \n and\n (2) include in such report a recommendation whether \n Congress should consider establishing such a patent term \n restoration review procedure for other patents.\n (h) Effective Date.--This section shall take effect on the date of \nenactment of this section and an owner of record of a patent referred \nto under section 155B(b)(1) of title 35, United States Code (as added \nby this section); or an agent of the owner shall be immediately \neligible on such a date to submit an application to the Commissioner \nfor a determination in accordance with subsection (b)(3) of such \nsection.\n\nSEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.\n\n (a) Limitation on Use of Patents to Prevent ANDA Approval.--\n (1) Application.--Section 505(b)(2) of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended by \n adding at the end the following:\n``For an approved product claimed in a patent, the term of which has \nbeen restored pursuant to section 155B of title 35, United States Code, \nthe certification required by subparagraph (A) is limited to any patent \nthat claims an active ingredient, including any salt or ester of the \nactive ingredient, of the approved product, alone or in combination \nwith another active ingredient.''.\n (2) Abbreviated application.--Section 505(j)(2)(A) of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) \n is amended by adding at the end the following:\n``For an approved product claimed in a patent, the term of which has \nbeen restored pursuant to section 155B of title 35, United States Code, \nthe certification required by clause (vii) is limited to any patent \nthat claims an active ingredient, including any salt or ester of the \nactive ingredient, of the approved product, alone or in combination \nwith another active ingredient.''.\n (b) Exclusivity for Generic Drug.--Section 505(j)(5)(B)(iv) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is \namended by inserting after ``containing such certification'' the \nfollowing: ``and for which an action for infringement of a patent which \nis the subject of such a certification has been brought before the \nexpiration of 45 days from the date of the notice provided under \nparagraph (2)(B)(i) is received''.","summary":"Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months. (2) clear and convincing evidence by the owner of record of the patent that the patent owner acted with due diligence. And (3) absence of any detriment by the granting of patent restoration to the public interest and the interest of fairness. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, together with any extension period, and subject to other specified restrictions and adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Specifies factors of public interest and fairness the Commissioner shall consider when making a term restoration determination, including whether: (1) grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices. Or (2) denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. Provides for: (1) claim determination procedure. (2) a one-year extension of the patent term pending final disposition. And (3) appeal of the Commissioner's determinations to the US Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1) $2 million. Or (2) $1 million for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $10 million to persons submitting new drug applications. Or (2) $5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act. And (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act. Amends the Federal Food, Drug, and Cosmetic Act to limit a certain required certification in an application for an approved product claimed in a patent whose term has been restored, to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient .","title":"Drug Patent Term Restoration Review Procedure Act of 1999","text_len":19377,"sum_len":2887} {"bill_id":"114_hr1615","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``DHS FOIA Efficiency Act of 2015''.\n\nSEC. 2. DEPARTMENT OF HOMELAND SECURITY FREEDOM OF INFORMATION ACT \n IMPLEMENTATION.\n\n (a) Deadline for Updating Regulations.--Not later than 90 days \nafter the date of the enactment of this Act, the Chief FOIA Officer of \nthe Department of Homeland Security, as appointed pursuant to section \n552(j) of title 5, United States Code, shall finalize and issue an \nupdated regulation implementing section 552 of title 5, United States \nCode (commonly known as the Freedom of Information Act), which shall \ninclude--\n (1) public guidance on procedures to be followed when \n making requests under paragraph (1), (2), or (3) of section \n 552(a) of title 5, United States Code;\n (2) updated guidance to the components of the Department \n responsible for processing such requests, which may include \n information on how to adopt automated processing of requests \n made under paragraphs (1), (2), or (3) of section 552(a) of \n title 5, United States Code;\n (3) detailed information on fees and costs associated with \n such requests; and\n (4) detailed information on the appeals process for such \n requests.\n (b) Identification of Costs.--\n (1) In general.--Not later than 90 days after the date of \n the enactment of this Act, the Chief FOIA Officer, in \n coordination with the Chief Financial Officer of the Department \n and the heads of each of the relevant components of the \n Department, shall identify the total annual cost to the \n Department of implementing section 552 of title 5, United \n States Code.\n (2) Guidance.--The Chief FOIA Officer shall develop \n guidance on reporting standards related to the direct and \n indirect costs to the Department associated with the processing \n of requests made under paragraphs (1), (2), and (3) of section \n 552(a) of title 5, United States Code.\n (c) Cost Savings.--The Chief FOIA Officer, in collaboration with \nthe heads of each of the relevant components of the Department, shall--\n (1) identify unnecessary and duplicative actions taken by \n the Department in the course of processing requests made under \n paragraphs (1), (2), and (3) of section 552(a) of title 5, \n United States Code, by not later than 120 days after the date \n of the enactment of this Act; and\n (2) eliminate unnecessary and duplicative actions taken by \n the Department in the course of processing requests made under \n paragraphs (1), (2), and (3) of section 552(a) of title 5, \n United States Code, by not later than 12 months after the \n identification of such action under paragraph (1).\n (d) FOIA Tracking Systems.--Not later than 90 days after the date \nof the enactment of this Act, the Chief FOIA Officer shall develop a \nplan to automate the processing of requests made under paragraphs (1), \n(2), and (3) of section 552(a) of title 5, United States Code to the \nDepartment. Such plan shall take into account the specific needs of \neach of the components of the Department responsible for processing \nsuch requests and address required and recommended technology \ncapabilities and elements. Such plan shall include an assessment of the \ncosts and benefits associated with establishing and using electronic \nprocessing systems to process requests made under paragraphs (1), (2), \nand (3) of section 552(a) of title 5, United States Code.\n (e) FOIA Backlog.--Not later than 90 days after the date of the \nenactment of this Act, the Chief Privacy Officer of the Department, in \nconsultation with the Chief FOIA Officer, shall update and issue \nguidance to the heads of each of the relevant components of the \nDepartment regarding the goal of reducing the backlog in processing \nrequests made under paragraphs (1), (2), and (3) of section 552(a) of \ntitle 5, United States Code, by 50 percent between fiscal year 2015 and \nfiscal year 2018.\n (f) Report.--\n (1) Semiannual privacy report.--The Chief FOIA Officer \n shall include in each semiannual privacy report submitted under \n section 1062(f) of the Intelligence Reform and Terrorism \n Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)) each of the \n following:\n (A) The total costs to the Department of meeting \n the requirements of section 552 of title 5, United \n States Code, for the period covered by the report.\n (B) An assessment of progress made toward meeting \n the backlog goals pursuant to subsection (e) during the \n period covered by the report and the periods covered by \n the two preceding reports.\n (C) An assessment of whether the Department has \n adequate staffing and other resources to address the \n backlog goals pursuant to subsection (e) for processing \n requests made under paragraphs (1), (2), and (3) of \n section 552(a) of title 5, United States Code.\n (D) An assessment of the progress made towards \n automating the processing of requests made under \n paragraphs (1), (2), and (3) of section 552(a) of title \n 5, United States Code, during the period covered by the \n report.\n (2) Fiscal year 2016 requirements.--The Chief FOIA Officer \n shall include in the second semiannual privacy report for \n fiscal year 2016 each of the following:\n (A) A description of any cost savings identified \n under subsection (d).\n (B) The plan developed under subsection (d).\n (g) Duplicative Action Defined.--In this section, the term \n``duplicative actions'' means actions carried out by two or more \ncomponents or programs that are engaged in the same activities or \nprovide the same services related to the processing of FOIA requests to \nthe same beneficiaries.\n\nSEC. 3. PROGRESS ON AUTOMATION.\n\n Upon completion of the plan to automate the processing of requests \nmade under paragraphs (1), (2), and (3) of section 552(a) of title 5, \nUnited States Code, the Chief FOIA Officer shall provide the plan to \nthe heads of the components of the Department and seek written feedback \nfrom each head of a component agency regarding the extent to which that \ncomponent will adopt the plan, the associated costs, and the projected \ntimelines.\n\n Passed the House of Representatives June 25, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House of Representatives on June 11, 2015. DHS FOIA Efficiency Act of 2015 Directs the Chief FOIA Officer of the Department of Homeland Security (DHS): within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs. To develop guidance on reporting standards related to costs of processing FOIA requests. Within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests, to eliminate such actions within 12 months after identifying them. And within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50 between FY2015 and FY2018. Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings. (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing. And (3) detailed information on fees and costs associated with, and on the appeals process for, requests. Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests. And (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests. Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines.","title":"DHS FOIA Efficiency Act of 2015","text_len":6935,"sum_len":2190} {"bill_id":"113_hr2912","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Afghanistan Suspension and Debarment \nReform Act''.\n\nSEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR SPECIAL INSPECTOR \n GENERAL FOR AFGHANISTAN RECONSTRUCTION UNDER CERTAIN \n CIRCUMSTANCES.\n\n (a) Suspension and Debarment Process.--Section 1229(g) of the \nNational Defense Authorization Act for Fiscal Year 2008 (Public Law \n110-181; 5 U.S.C. App.) is amended by adding at the end the following \nnew paragraph:\n ``(3) Suspension and debarment.--\n ``(A) Referral of case to lead agency.--In carrying \n out the duties, responsibilities, and authorities set \n forth under this section, the Inspector General (or the \n Inspector General's designee) may refer a potential \n suspension or debarment case described in subparagraph \n (B) to the lead agency for that suspension or \n debarment. If such a referral is made, the Inspector \n General shall notify the Interagency Committee on \n Debarment and Suspension and the congressional \n committees described in subparagraph (G) of the \n referral. If the Inspector General is unable to \n determine which agency is the lead agency for purposes \n of a referral under this subparagraph, the Inspector \n General shall request the Interagency Committee to \n resolve the issue of which agency is the lead agency, \n in accordance with section 873 of the Duncan Hunter \n National Defense Authorization Act for Fiscal Year 2009 \n (Public Law 110-417; 31 U.S.C. 6101 note).\n ``(B) Covered cases.--\n ``(i) A potential suspension or debarment \n case described in this subparagraph is a case \n involving a person that is an Afghan national \n or foreign national or foreign company \n operating in Afghanistan that has received in \n the past, is receiving, or may receive in the \n future, funds from any--\n ``(I) covered prime contract; or\n ``(II) covered subcontract.\n ``(ii) In this subparagraph:\n ``(I) The term `covered prime \n contract' means a prime contract that \n is a contract described in subsection \n (i)(2).\n ``(II) The term `covered \n subcontract' means a subcontract that \n is a contract described in subsection \n (i)(2) under a covered prime contract.\n ``(C) Acceptance or declination of case.--Not later \n than 30 days after the date of referral of a suspension \n or debarment case under subparagraph (A), the lead \n agency shall--\n ``(i) accept or decline the case; and\n ``(ii) submit to the Inspector General and \n the Interagency Committee a written \n notification and rationale for accepting or \n declining the case.\n ``(D) Determination by interagency committee if \n lead agency declines case.--If the lead agency declines \n to accept a suspension or debarment case referred under \n subparagraph (A) or fails to respond to the referral, \n the Interagency Committee shall make a determination, \n not later than 45 days after the date of the referral \n of the case under subparagraph (A), regarding whether \n the Inspector General shall act as lead agency in the \n case. The Interagency Committee shall submit to the \n congressional committees described in subparagraph (G) \n a written notification of the determination.\n ``(E) Determination by lead agency if lead agency \n accepts case.--If the lead agency accepts a suspension \n or debarment case referred under subparagraph (A), the \n agency shall make a determination, not later than 60 \n days after the date of the referral of the case under \n subparagraph (A), to either suspend or debar the person \n that is the subject of the case or decline to suspend \n or debar the person. If the lead agency declines to \n suspend or debar the person, the lead agency shall, not \n later than 15 days after the determination, submit to \n the congressional committees described in subparagraph \n (G) a written notification and rationale for the \n determination to decline to suspend or debar the \n person.\n ``(F) Suspension and debarment authority of \n inspector general.--\n ``(i) In general.--If the Interagency \n Committee determines under subparagraph (D) \n that the Inspector General may act as lead \n agency in a suspension or debarment case \n referred under subparagraph (A), then the \n Inspector General (or the Inspector General's \n designee) may suspend or debar a person from \n procurement or nonprocurement activities of the \n Federal Government in accordance with \n regulations implementing the suspension and \n debarment system of the Federal Government, \n including the Federal Acquisition Regulation \n and the Office of Management and Budget \n guidelines to agencies on governmentwide \n debarment and suspension (nonprocurement) in \n part 180 of title 2 of the Code of Federal \n Regulations.\n ``(ii) Exception.--In exercising the \n authority provided under clause (i), the \n Inspector General (or the Inspector General's \n designee) may, with respect to a particular \n contract, grant, or other procurement or \n nonprocurement activity, grant an exception \n that permits a person debarred or suspended \n pursuant to clause (i) to submit an offer for \n or be awarded the contract, grant, or other \n activity. If such an exception is granted, the \n Inspector General shall submit to the \n congressional committees described in \n subparagraph (G) a written notification and \n rationale for the exception.\n ``(G) Committees described.--The committees \n described in this subparagraph are the following:\n ``(i) The Committees on Foreign Affairs and \n on Oversight and Government Reform of the House \n of Representatives.\n ``(ii) The Committees on Foreign Relations \n and on Homeland Security and Governmental \n Affairs of the Senate.''.\n (b) Definition of Interagency Committee.--Section 1229(m) of such \nAct (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end \nthe following new paragraph:\n ``(3) Interagency committee on debarment and suspension.--\n The term `Interagency Committee on Debarment and Suspension' or \n `Interagency Committee' means the committee constituted under \n sections 4 and 5 of Executive Order No. 12549.''.\n (c) Deadline for Publication of Rules.--The Director of the Office \nof Management and Budget shall publish any interim final rules \nsubmitted to the Office to implement the amendments made by this Act in \nthe Federal Register within 30 days after the date of submission.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 3. COMPTROLLER GENERAL STUDY AND REPORT.\n\n (a) Study.--After the termination of the Office of Special \nInspector General for Afghanistan Reconstruction under section \n1229(o)(1) of the National Defense Authorization Act for Fiscal Year \n2008 (Public Law 110-181; 122 Stat. 380; 5 U.S.C. App.), the \nComptroller General of the United States shall conduct a study on the \nauthority and process provided under section 1229(g)(3) of such Act (as \nadded by section 2 of this Act).\n (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Comptroller General shall submit to Congress a report \non the study carried out under subsection (a), with such \nrecommendations as the Comptroller General considers appropriate with \nrespect to the suspension and debarment system of the Federal \nGovernment.","summary":"Afghanistan Suspension and Debarment Reform Act - Amend the National Defense Authorization Act for Fiscal Year 2008 to add to the powers of the Special Inspector General for Afghanistan Reconstruction , who is required to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the US government, and of the programs, operations, and contracts carried out using such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Empowers the Inspector General to refer to the lead agency a potential covered case for suspension or debarment of a person from procurement or nonprocurement activities of the federal government. Defines a quot, covered casequot. As one involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any covered prime contract or subcontract. Requires the Inspector General to notify the Interagency Committee on Debarment and Suspension and Congress if such a referral is made. Requires the lead agency, after the referral of such a suspension or debarment case, to accept or decline the case. Requires the Interagency Committee, if the lead agency declines to accept a suspension or debarment case, or fails to respond to the referral, to determine whether the Inspector General shall act as the lead agency. Requires the lead agency, on the other hand, if it accepts a suspension or debarment case, to either suspend or debar the person that is the subject of the case or decline. Authorizes the Inspector General , if the Interagency Committee determines that the Inspector General may act as lead agency, to suspend or debar the person from federal procurement or nonprocurement activities. Allows the Inspector General , when exercising such authority, to grant an exception permitting a person otherwise debarred or suspended to submit an offer for or be awarded a particular contract, grant, or procurement or nonprocurement activity. Directs the Comptroller General (GAO), after the termination of the Office of Special Inspector General for Afghanistan Reconstruction, to study the Inspector General authority and the process for determining a lead agency in a suspension or debarment case.","title":"Afghanistan Suspension and Debarment Reform Act","text_len":9625,"sum_len":2353} {"bill_id":"106_hr207","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Physicians Comparability \nAllowance Amendments of 2000''.\n\nSEC. 2. AUTHORITY MADE PERMANENT.\n\n (a) In General.--\n (1) Amendment to title 5, united states code.--The second \n sentence of section 5948(d) of title 5, United States Code, is \n repealed.\n (2) Amendment to the federal physicians comparability allowance \n act of 1978.--Section 3 of the Federal Physicians Comparability \n Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.\n (b) Technical and Conforming Amendments.--Section 5948 of title 5, \nUnited States Code, is amended--\n (1) by repealing paragraph (2) of subsection (j); and\n (2) in subsection (j)(1)--\n (A) by striking ``(j)(1)'' and inserting ``(j)'';\n (B) by redesignating subparagraphs (A) through (E) as \n paragraphs (1) through (5), respectively; and\n (C) in paragraph (5) (as so redesignated by this paragraph) \n by striking ``subparagraph (B)'' and inserting ``paragraph \n (2)''.\n\nSEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT \n PURPOSES.\n\n (a) Definition of Basic Pay.--Section 8331(3) of title 5, United \nStates Code, is amended--\n (1) in subparagraph (F) by striking ``and'' after the \n semicolon;\n (2) in subparagraph (G) by inserting ``and'' after the \n semicolon;\n (3) by inserting after subparagraph (G) the following:\n ``(H) any amount received under section 5948 (relating to \n physicians comparability allowances);''; and\n (4) in the matter following subparagraph (H) (as added by \n paragraph (3)) by striking ``through (G)'' and inserting ``through \n (H)''.\n (b) Civil Service Retirement System.--\n (1) Computation rules.--Section 8339 of title 5, United States \n Code, is amended by adding at the end the following:\n ``(s)(1) For purposes of this subsection, the term `physicians \ncomparability allowance' refers to an amount described in section \n8331(3)(H).\n ``(2) Except as otherwise provided in this subsection, no part of a \nphysicians comparability allowance shall be treated as basic pay for \npurposes of any computation under this section unless, before the date \nof the separation on which entitlement to annuity is based, the \nseparating individual has completed at least 15 years of service as a \nGovernment physician (whether performed before, on, or after the date \nof the enactment of this subsection).\n ``(3) If the condition under paragraph (2) is met, then, any \namounts received by the individual in the form of a physicians \ncomparability allowance shall (for the purposes referred to in \nparagraph (2)) be treated as basic pay, but only to the extent that \nsuch amounts are attributable to service performed on or after the date \nof the enactment of this subsection, and only to the extent of the \npercentage allowable, which shall be determined as follows:\n\n``If the total amount of service\n \n performed, on or after the date of\n Then, the percentage\n the enactment of this subsection,\n allowable is: \n as a Government physician is:\n \n Less than 2 years.........................................\n 0 \n At least 2 but less than 4 years..........................\n 25 \n At least 4 but less than 6 years..........................\n 50 \n At least 6 but less than 8 years..........................\n 75 \n At least 8 years..........................................\n 100. \n\n ``(4) Notwithstanding any other provision of this subsection, 100 \npercent of all amounts received as a physicians comparability allowance \nshall, to the extent attributable to service performed on or after the \ndate of the enactment of this subsection, be treated as basic pay \n(without regard to any of the preceding provisions of this subsection) \nfor purposes of computing--\n ``(A) an annuity under subsection (g); and\n ``(B) a survivor annuity under section 8341, if based on the \n service of an individual who dies before separating from \n service.''.\n (2) Government physician defined.--Section 8331 of title 5, \n United States Code, is amended by striking ``and'' at the end of \n paragraph (26), by striking the period at the end of paragraph (27) \n and inserting ``; and'', and by adding at the end the following:\n ``(28) `Government physician' has the meaning given that term \n under section 5948.''.\n (c) Federal Employees' Retirement System.--\n (1) Computation rules.--Section 8415 of title 5, United States \n Code, is amended by adding at the end the following:\n ``(i)(1) For purposes of this subsection, the term `physicians \ncomparability allowance' refers to an amount described in section \n8331(3)(H).\n ``(2) Except as otherwise provided in this subsection, no part of a \nphysicians comparability allowance shall be treated as basic pay for \npurposes of any computation under this section unless, before the date \nof the separation on which entitlement to annuity is based, the \nseparating individual has completed at least 15 years of service as a \nGovernment physician (whether performed before, on, or after the date \nof the enactment of this subsection).\n ``(3) If the condition under paragraph (2) is met, then, any \namounts received by the individual in the form of a physicians \ncomparability allowance shall (for the purposes referred to in \nparagraph (2)) be treated as basic pay, but only to the extent that \nsuch amounts are attributable to service performed on or after the date \nof the enactment of this subsection, and only to the extent of the \npercentage allowable, which shall be determined as follows:\n\n``If the total amount of service\n \n performed, on or after the date of\n Then, the percentage\n the enactment of this subsection,\n allowable is: \n as a Government physician is:\n \n Less than 2 years.........................................\n 0 \n At least 2 but less than 4 years..........................\n 25 \n At least 4 but less than 6 years..........................\n 50 \n At least 6 but less than 8 years..........................\n 75 \n At least 8 years..........................................\n 100. \n\n ``(4) Notwithstanding any other provision of this subsection, 100 \npercent of all amounts received as a physicians comparability allowance \nshall, to the extent attributable to service performed on or after the \ndate of the enactment of this subsection, be treated as basic pay \n(without regard to any of the preceding provisions of this subsection) \nfor purposes of computing--\n ``(A) an annuity under section 8452; and\n ``(B) a survivor annuity under subchapter IV, if based on the \n service of an individual who dies before separating from \n service.''.\n (2) Government physician defined.--Section 8401 of title 5, \n United States Code, is amended by striking ``and'' at the end of \n paragraph (32), by striking the period at the end of paragraph (33) \n and inserting ``; and'', and by adding at the end the following:\n ``(34) the term `Government physician' has the meaning given \n such term under section 5948.''.\n (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United \nStates Code, is amended by striking ``chapter 81, 83, or 87'' and \ninserting ``chapter 81 or 87''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Redefines basic pay to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes. Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay for purposes of computing: (1) an annuity of a disabled employee or member. And (2) a survivor annuity if based on the service of an individual who dies before separating from service.","title":"Federal Physicians Comparability Allowance Amendments of 2000","text_len":8794,"sum_len":1246} {"bill_id":"103_hr493","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``The Enhanced Rescission\/Receipts Act \nof 1993''.\n\nSEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY.\n\n (a) In General.--Notwithstanding the provisions of part B of title \nX of The Congressional Budget and Impoundment Control Act of 1974, and \nsubject to the provisions of this section, the President may rescind \nall or part of any discretionary budget authority or veto any targeted \ntax benefit within any revenue bill which is subject to the terms of \nthis Act if the President--\n (1) determines that--\n (A) such rescission or veto would help reduce the \n Federal budget deficit;\n (B) such rescission or veto will not impair any \n essential Government functions; and\n (C) such rescission or veto will not harm the \n national interest; and\n (2) notifies the Congress of such rescission or veto by a \n special message not later than twenty calendar days (not \n including Saturdays, Sundays, or holidays) after the date of \n enactment of a regular or supplemental appropriation act or a \n joint resolution making continuing appropriations providing \n such budget authority or a revenue bill containing a targeted \n tax benefit.\nThe President shall submit a separate rescission message for each \nappropriation bill and for each revenue bill under this paragraph.\n\nSEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.\n\n (a)(1) Any amount of budget authority rescinded under this Act as \nset forth in a special message by the President shall be deemed \ncanceled unless, during the period described in subsection (b), a \nrescission\/receipts disapproval bill making available all of the amount \nrescinded is enacted into law.\n (2) Any provision of law vetoed under this Act as set forth in a \nspecial message by the President shall be deemed repealed unless, \nduring the period described in subsection (b), a rescission\/receipts \ndisapproval bill restoring that provision is enacted into law.\n (b) The period referred to in subsection (a) is--\n (1) a congressional review period of twenty calendar days \n of session during which Congress must complete action on the \n rescission\/receipts disapproval bill and present such bill to \n the President for approval or disapproval;\n (2) after the period provided in paragraph (1), an \n additional ten days (not including Sundays) during which the \n President may exercise his authority to sign or veto the \n rescission\/receipts disapproval bill; and\n (3) if the President vetoes the rescission\/receipts \n disapproval bill during the period provided in paragraph (2), \n an additional five calendar days of session after the date of \n the veto.\n (c) If a special message is transmitted by the President under this \nAct and the last session of the Congress adjourns sine die before the \nexpiration of the period described in subsection (b), the rescission or \nveto, as the case may be, shall not take effect. The message shall be \ndeemed to have been retransmitted on the first day of the succeeding \nCongress and the review period referred to in subsection (b) (with \nrespect to such message) shall run beginning after such first day.\n\nSEC. 4. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``rescission\/receipts disapproval bill'' means \n a bill or joint resolution which--\n (A) only disapproves a rescission of budget \n authority, in whole, rescinded, or\n (B) only disapproves a veto of any provision of law \n that would decrease receipts,\n in a special message transmitted by the President under this \n Act.\n (2) The term ``calendar days of session'' shall mean only \n those days on which both Houses of Congress are in session.\n (3) The term ``targeted tax benefit'' means any provision \n which has the practical effect of providing a benefit in the \n form of a differential treatment to a particular taxpayer or a \n limited class of taxpayers, whether or not such provision is \n limited by its terms to a particular taxpayer or a class of \n taxpayers. Such term does not include any benefit provided to a \n class of taxpayers distinguished on the basis of general \n demographic conditions such as income, number of dependents, or \n marital status.\n\nSEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO \n RESCISSIONS.\n\n (a) Presidential Special Message.--Whenever the President rescinds \nany budget authority as provided in this Act or vetoes any provision of \nlaw as provided in this Act, the President shall transmit to both \nHouses of Congress a special message specifying--\n (1) the amount of budget authority rescinded or the \n provision vetoed;\n (2) any account, department, or establishment of the \n Government to which such budget authority is available for \n obligation, and the specific project or governmental functions \n involved;\n (3) the reasons and justifications for the determination to \n rescind budget authority or veto any provision pursuant to this \n Act;\n (4) to the maximum extent practicable, the estimated \n fiscal, economic, and budgetary effect of the rescission or \n veto; and\n (5) all factions, circumstances, and considerations \n relating to or bearing upon the rescission or veto and the \n decision to effect the rescission or veto, and to the maximum \n extent practicable, the estimated effect of the rescission upon \n the objects, purposes, and programs for which the budget \n authority is provided.\n (b) Transmission of Messages to House and Senate.--\n (1) Each special message transmitted under this Act shall \n be transmitted to the House of Representatives and the Senate \n on the same day, and shall be delivered to the Clerk of the \n House of Representatives if the House is not in session, and to \n the Secretary of the Senate if the Senate is not in session. \n Each special message so transmitted shall be referred to the \n appropriate committees of the House of Representatives and the \n Senate. Each such message shall be printed as a document of \n each House.\n (2) Any special message transmitted under this Act shall be \n printed in the first issue of the Federal Register published \n after such transmittal.\n (c) Referral of Rescission\/Receipts Disapproval Bills.--Any \nrescission\/receipts disapproval bill introduced with respect to a \nspecial message shall be referred to the appropriate committees of the \nHouse of Representatives or the Senate, as the case may be.\n (d) Consideration in the Senate.--\n (1) Any rescission\/receipts disapproval bill received in \n the Senate from the House shall be considered in the Senate \n pursuant to the provisions of this Act.\n (2) Debate in the Senate on any rescission\/receipts \n disapproval bill and debatable motions and appeals in \n connection therewith, shall be limited to not more than ten \n hours. The time shall be equally divided between, and \n controlled by, the majority leader and the minority leader or \n their designees.\n (3) Debate in the Senate on any debatable motions or appeal \n in connection with such bill shall be limited to one hour, to \n be equally divided between, and controlled by the mover and the \n manager of the bill, except that in the event the manager of \n the bill is in favor of any such motion or appeal, the time in \n opposition thereto shall be controlled by the minority leader \n or his designee. Such leaders, or either of them, may, from the \n time under their control on the passage of the bill, allot \n additional time to any Senator during the consideration of any \n debatable motion or appeal.\n (4) A motion to further limit debate is not debatable. A \n motion to recommit (except a motion to recommit with \n instructions to report back within a specified number of days \n not to exceed one, not counting any day on which the Senate is \n not in session) is not in order.\n (e) Points of Order.--\n (1) It shall not be in order in the Senate or the House of \n Representatives to consider any rescission\/receipts disapproval \n bill that relates to any matter other than the rescission of \n budget authority or veto of the provision of law transmitted by \n the President under this Act.\n (2) It shall not be in order in the Senate or the House of \n Representatives to consider any amendment to a rescission\/\n receipts disapproval bill.\n (3) Paragraphs (1) and (2) may be waived or suspended in \n the Senate only by a vote of three-fifths of the members duly \n chosen and sworn.","summary":"Enhanced RescissionReceipts Act of 1993 - Grants the President legislative line item veto rescission authority over appropriation bills and targeted tax benefits in revenue bills. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would reduce the Federal budget deficit, (2) will not impair any essential Government functions. And (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations or revenue legislation. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescissionreceipts disapproval bill. Describes: (1) information to be included in the President's message. And (2) procedures to govern consideration of rescissionreceipts disapproval legislation in the Senate and the House of Representatives.","title":"Enhanced Rescission\/Receipts Act of 1993","text_len":9328,"sum_len":975} {"bill_id":"112_s751","text":"SECTION 1. NATIONAL MANUFACTURING STRATEGY.\n\n (a) Assessment of United States Manufacturing.--Not later than 180 \ndays after the date of the enactment of this Act, the Secretary of \nCommerce shall assess the United States economy to determine what goods \nthe United States currently produces, where such goods are produced, in \nwhich manufacturing sector the United States is most competitive in the \nglobal economy, and what policies are necessary to maintain or increase \nthe competitiveness of United States manufacturing in the global \neconomy.\n (b) National Manufacturing Strategy.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary shall develop a \n comprehensive national manufacturing strategy.\n (2) Goals of strategy.--The goals of the strategy required \n by paragraph (1) are as follows:\n (A) To increase the aggregate number of \n manufacturing jobs in the United States.\n (B) To identify emerging technologies to strengthen \n the competitiveness of the United States in the global \n marketplace.\n (C) To strengthen manufacturing sectors in which \n the United States is most competitive in the global \n economy.\n (3) Submittal of strategy.--Not later than 180 days after \n the date of the enactment of this Act, the Secretary shall \n submit to Congress the strategy required by paragraph (1).\n (c) Targets for Growth of the United States Manufacturing Sector.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary shall establish \n targets for the growth of United States manufacturing, \n including targets for job creation, for each of fiscal years \n 2012 through 2016.\n (2) Report.--Not later than 180 days after the date of the \n enactment of this Act, the Secretary shall submit to Congress a \n report on the targets established by the Secretary pursuant to \n paragraph (1).\n (d) Survey of Manufacturing Support Programs.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary shall--\n (A) conduct a survey of all Federal agencies that \n provide support to United States manufacturers, \n including--\n (i) the Department of Commerce;\n (ii) the Department of Defense;\n (iii) the Department of Energy;\n (iv) the Department of Labor;\n (v) the Department of the Treasury;\n (vi) the Small Business Administration;\n (vii) the Office of Management and Budget;\n (viii) the Office of Science and Technology \n Policy;\n (ix) the Office of the United States Trade \n Representative; and\n (x) such other Federal agencies as the \n Secretary considers appropriate; and\n (B) submit to Congress a report on such survey that \n includes the recommendations of the Secretary on how \n each Federal agency surveyed can best support the \n comprehensive national manufacturing strategy required \n by subsection (b)(1).\n (2) Sharing of information.--The head of each agency of the \n Federal Government shall, to the extent practicable, cooperate \n with the Secretary of Commerce in the conduct of the survey \n required by paragraph (1) and provide to the Secretary such \n information about such United States manufacturing sectors as \n the Secretary may require.\n (3) Listening sessions.--In conducting the survey required \n by paragraph (1), the Secretary shall hold not fewer than 2 \n listening sessions that include witnesses from manufacturing \n sectors that the Secretary considers important.\n (e) Report on Progress and Trends in Manufacturing.--Not later than \n180 days after the date of the enactment of this Act, the Secretary \nshall submit to Congress a report that summarizes the progress and \ntrends in United States manufacturing since the Secretary's 2004 \nreport, ``Manufacturing in America: A Comprehensive Strategy to Address \nthe Challenges to United States Manufacturers'', and 2009 report, ``A \nFramework for Revitalizing American Manufacturing''.\n (f) Biennial Manufacturer Survey and Report.--\n (1) Survey.--Not later than 1 year after the date of the \n enactment of this Act and not less frequently than once every 2 \n years thereafter through fiscal year 2016, the Secretary shall \n conduct a survey of all persons with headquarters in the United \n States that maintain manufacturing facilities outside of the \n United States to identify--\n (A) the categories of products manufactured at such \n facilities; and\n (B) the number of manufacturing jobs located at \n such facilities.\n (2) Promotion of development and competitiveness of \n manufacturing sector.--In carrying out each survey required by \n paragraph (1), the Secretary shall ensure that the information \n gathered is useful for understanding how policy can be tailored \n to promote development and competitiveness in the manufacturing \n sector.\n (3) Database.--The Secretary shall create and maintain a \n database of the information collected through each survey \n conducted pursuant to paragraph (1).\n (4) Report.--Not later than 90 days after conducting each \n survey required by paragraph (1), the Secretary shall submit to \n Congress a report on the most recent survey conducted pursuant \n to paragraph (1), including the following:\n (A) The findings of the Secretary with respect to \n such survey.\n (B) Longitudinal trends in United States \n manufacturing and the creation of manufacturing jobs in \n the United States.","summary":"Directs the Secretary of Commerce to assess the US economy to determine what goods the United States currently produces, where such goods are produced, which US manufacturing sector is the most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of US manufacturing in the global economy. Requires the Secretary to: (1) develop and submit to Congress a comprehensive national manufacturing strategy. (2) establish and submit to Congress targets for the growth of US manufacturing for each of FY2012-FY2016. (3) survey all federal agencies that provide support to US manufacturers, and report survey results to Congress. (4) report to Congress on progress and trends in US manufacturing since a specified 2004 report by the Secretary concerning manufacturing in America. And (5) biennially survey US entities that maintain manufacturing facilities outside the United States, maintain a database on information collected through each survey, and submit each survey's results to Congress.","title":"A bill to require the Secretary of Commerce to develop a comprehensive national manufacturing strategy, and for other purposes.","text_len":6500,"sum_len":1044} {"bill_id":"110_hr1903","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Post-Prostate \nCancer Treatment Equity Act of 2007''.\n (b) Findings.--Congress finds the following:\n (1) Prostate cancer will strike about one in six men during \n their lifetime.\n (2) Many of these men will have a prostatectomy and about \n half of those will experience significant complications.\n (3) For some 6,000 of these men annually reconstructive \n prosthetic urology surgery is their only option to address \n these complications.\n (4) Medicare covers reconstructive prosthetic urology \n surgery, as does two-third of private health benefits coverage. \n However, about one-third of private health benefits coverage \n does not cover this surgery.\n (5) To address a similar concern with respect to breast \n cancer, Congress enacted the Women's Health and Cancer Rights \n Act of 1998 that requires private health benefits coverage to \n provide coverage for reconstructive surgery following \n mastectomies.\n (6) Men should have a right to access to reconstructive \n surgery following a prostatectomy just as women have the right \n to access to reconstructive surgery following a mastectomy.\n\nSEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF \n 1974.\n\n (a) In General.--Subpart B of part 7 of subtitle B of title I of \nthe Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 714. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY \n SURGERY FOLLOWING PROSTATE CANCER TREATMENT.\n\n ``(a) In General.--A group health plan, and a health insurance \nissuer providing health insurance coverage in connection with a group \nhealth plan, that provides medical and surgical benefits with respect \nto prostate cancer treatment shall provide, in a case of a participant \nor beneficiary who is receiving benefits in connection with such \nprostate cancer treatment, coverage for--\n ``(1) all stages of reconstructive prosthetic urology \n surgery; and\n ``(2) prostheses and physical complications of \n prostatectomy;\nin a manner determined in consultation with the attending physician and \nthe patient. Such coverage may be subject to annual deductibles and \ncoinsurance provisions as may be deemed appropriate and as are \nconsistent with those established for other benefits under the plan or \ncoverage. Written notice of the availability of such coverage shall be \ndelivered to the participant upon enrollment and annually thereafter.\n ``(b) Notice.--A group health plan, and a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan shall provide notice to each participant and beneficiary under \nsuch plan regarding the coverage required by this section in accordance \nwith regulations promulgated by the Secretary. Such notice shall be in \nwriting and prominently positioned in any literature or correspondence \nmade available or distributed by the plan or issuer and shall be \ntransmitted--\n ``(1) in the next mailing made by the plan or issuer to the \n participant or beneficiary;\n ``(2) as part of any yearly informational packet sent to \n the participant or beneficiary; or\n ``(3) not later than January 1, 2008;\nwhichever is earlier.\n ``(c) Prohibitions.--A group health plan, and a health insurance \nissuer offering group health insurance coverage in connection with a \ngroup health plan, may not--\n ``(1) deny to a patient eligibility or continued \n eligibility, to enroll or to renew coverage under the terms of \n the plan, solely for the purposes of avoiding the requirements \n of this section; and\n ``(2) penalize or otherwise reduce or limit the \n reimbursement of an attending provider, or provide incentives \n (monetary or otherwise) to an attending provider, to induce \n such provider to provide care to an individual participant or \n beneficiary in a manner inconsistent with this section.\n ``(d) Rule of Construction.--Nothing in this section shall be \nconstrued to prevent a group health plan or a health insurance issuer \noffering group health insurance coverage from negotiating the level and \ntype of reimbursement with a provider for care provided in accordance \nwith this section.\n ``(e) Preemption, Relation to State Laws.--\n ``(1) In general.--Nothing in this section shall be \n construed to preempt any State law in effect on the date of \n enactment of this section with respect to health insurance \n coverage that requires coverage of at least the coverage of \n reconstructive prosthetic urology surgery otherwise required in \n this section.\n ``(2) ERISA.--Nothing in this section shall be construed to \n affect or modify the provisions of section 514 with respect to \n group health plans.''.\n (b) Clerical Amendment.--The table of contents in section 1 of the \nEmployee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) \nis amended by inserting after the item relating to section 713 the \nfollowing new item:\n\n``Sec. 714. Required coverage for reconstructive prosthetic urology \n surgery following prostate cancer \n treatment.''.\n (c) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply with respect to plan years beginning on or after the \n first day of the sixth month beginning after the date of the \n enactment of this Act.\n (2) Special rule for collective bargaining agreements.--In \n the case of a group health plan maintained pursuant to 1 or \n more collective bargaining agreements between employee \n representative and 1 or more employers, any plan amendment made \n pursuant to a collective bargaining agreement relating to the \n plan which amends the plan solely to conform to any requirement \n added by this section shall not be treated as a termination of \n such collective bargaining agreement.\n\nSEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.\n\n (a) Group Market.--Subpart 2 of part A of title XXVII of the Public \nHealth Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at \nthe end the following new section:\n\n``SEC. 2707. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY \n SURGERY FOLLOWING PROSTATE CANCER TREATMENT.\n\n ``The provisions of section 714 of the Employee Retirement Income \nSecurity Act of 1974 shall apply to group health plans, and health \ninsurance issuers providing health insurance coverage in connection \nwith group health plans, as if included in this subpart.''.\n (b) Individual Market.--Subpart 3 of part B of title XXVII of the \nPublic Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by \nadding at the end the following new section:\n\n``SEC. 2753. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY \n SURGERY FOLLOWING PROSTATE CANCER TREATMENT.\n\n ``The provisions of section 2707 of the title shall apply to health \ninsurance coverage offered by a health insurance issuer in the \nindividual market in the same manner as they apply to health insurance \ncoverage offered by a health insurance issuer in connection with a \ngroup health plan in the small or large group market.''.\n (c) Effective Dates.--\n (1) Group plans.--\n (A) In general.--The amendment made by subsection \n (a) shall apply to group health plans for plan years \n beginning on or after the first day of the sixth month \n beginning after the date of the enactment of this Act.\n (B) Special rule for collective bargaining \n agreement.--In the case of a group health plan \n maintained pursuant to 1 or more collective bargaining \n agreements between employee representatives and 1 or \n more employers, any plan amendment made pursuant to a \n collective bargaining agreement relating to the plan \n which amends the plan solely to conform to any \n requirement added by the amendment made by subsection \n (a) shall not be treated as a termination of such \n collective bargaining agreement.\n (2) Individual plans.--The amendment made by subsection (b) \n shall apply with respect to health insurance coverage offered, \n sold, issued, renewed, in effect, or operated in the individual \n market on or after the first day of the sixth month beginning \n after the date of the enactment of this Act.","summary":"Post-Prostate Cancer Treatment Equity Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides medical and surgical benefits with respect to prostate cancer treatment to provide coverage for: (1) all stages of reconstructive prosthetic urology surgery. And (2) prostheses and physical complications of prostatectomy. Requires plans to provide notice of the coverage. Prohibits a group health plan from: (1) denying to a patient eligibility or continued eligibility solely to avoid the requirements of this Act. Or (2) penalizing or otherwise reducing or limiting the reimbursement of a provider or providing incentives to induce such provider to provide care to a participant or beneficiary in a manner inconsistent with this Act. Applies such requirements to coverage offered in the individual market.","title":"To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for reconstructive prosthetic urology surgery if they provide coverage for prostate cancer treatment.","text_len":9029,"sum_len":905} {"bill_id":"112_hr2275","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Textile Technology \nInnovation and Research for Exportation (ATTIRE) Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the United States textile industry continues to thrive \n and evolve despite changing economic and labor conditions;\n (2) the United States textile industry employs over 500,000 \n workers nationwide and contributes nearly $60,000,000,000 to \n the gross domestic product annually;\n (3) the United States textile industry is a primary \n supplier of domestic jobs to women and minorities, with many of \n these jobs located in economically depressed rural and urban \n areas;\n (4) research and innovation are essential to the United \n States textile industry's ability to maintain its competitive \n advantage and expand its export on an international scale; and\n (5) by working closely with the textile industry to improve \n existing technologies and to identify new market opportunities, \n university-based textile research programs and not-for-profit \n textile research centers play a critical role in promoting \n innovation and growth in the textile industry and in the United \n States economy as a whole.\n\nSEC. 3. GRANT PROGRAM TO SUPPORT TEXTILE RESEARCH AND INNOVATION \n THROUGH UNIVERSITY AND INDUSTRY-BASED RESEARCH.\n\n (a) Grants Authorized.--The Secretary of Commerce shall establish a \ncompetitive grant program (in this section referred to as the ``grant \nprogram'') to fund textile research and innovation and to promote \nincreased textile exports.\n (b) Administration of Grant Program.--\n (1) Eligible recipients.--The eligible recipients of grants \n under the grant program shall be limited to institutions of \n higher education and not-for-profit research institutions, \n including not-for-profit industry associations whose core \n mission is to support textile research and innovation.\n (2) Preference.--Preference in awarding such grants shall \n be given to collaborative research organizations that emphasize \n peer-reviewed research by leading academic and industry \n experts.\n (3) Application procedure.--Applications for such a grant \n shall be submitted at such time and in such manner as \n determined by the Secretary of Commerce.\n (4) Review procedure.--All such applications shall be \n subject to a rigorous and competitive peer review procedure.\n (c) Eligible Uses of Funds.--The funds authorized to be \nappropriated for the grant program shall be used for research and \ndevelopment activities that achieve at least one of the following \ngoals:\n (1) To build and sustain innovation, competitiveness, and \n best practices in the United States textile industry.\n (2) To contribute to transforming the United States textile \n and apparel industry into a highly flexible supply chain, \n capable of responding to rapidly changing market demands \n including shifts to technologically advanced textile \n production.\n (3) To discover, design, and develop new materials, and \n innovative and improved manufacturing and integrated systems, \n essential to the success of a modern United States textile \n industry.\n (4) To train personnel, establish industrial partnerships, \n and create transfer mechanisms to ensure the utilization of \n technologies developed.\n (5) To strengthen the Nation's textile research and \n educational efforts by uniting diverse experts and resources in \n unique collaborative projects.\n (6) To facilitate the creation of domestic jobs in the \n textile industry.\n (d) Restriction on Funds.--\n (1) In general.--Subject to paragraph (2), no more than 75 \n percent of total funding made available under the grant program \n in a fiscal year may be disbursed to institutions of higher \n education.\n (2) Waiver authority.--If the Secretary of Commerce \n determines that the limitation of paragraph (1) would result in \n the failure to disburse all appropriated funds for a fiscal \n year, the Secretary may waive such limitation for such fiscal \n year.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to the \nSecretary of Commerce $5,000,000 for fiscal year 2013 to carry out \nsection 3. Amounts appropriated under this subsection shall be \navailable until expended.\n (b) Offsetting Reduction of Authorization of Appropriations.--The \namount authorized to be appropriated for operations and administration \nof the International Trade Administration in the Department of Commerce \nfor fiscal year 2013 is reduced by $5,000,000.","summary":"American Textile Technology Innovation and Research for Exportation (ATTIRE) Act - Directs the Secretary of Commerce to establish a grant program to fund textile research and innovation in the US textile and fiber products industry and to promote increased US textile exports. Limits eligibility under such grant program to institutions of higher education and not-for-profit research institutions, including not-for-profit industry associations whose mission is to support textile research and innovation. Gives preference in the award of such grants to collaborative research organizations that emphasize peer-reviewed research by leading academic and industry experts. Requires grant funds to be used for research and development activities that achieve at least one of the goals described in this Act, including to: (1) build and sustain innovation and competitiveness in the US textile industry. (2) contribute to transforming the US textile and apparel industry into a highly flexible supply chain. And (3) facilitate the creation of domestic jobs in the textile industry.","title":"To support innovation and research in the United States textile and fiber products industry.","text_len":5027,"sum_len":1078} {"bill_id":"106_s1507","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Alcohol and \nSubstance Abuse Program Consolidation Act of 2000''.\n\nSEC. 2. STATEMENT OF PURPOSE.\n\n The purposes of this Act are--\n (1) to enable Indian tribes to consolidate and integrate \n alcohol and other substance abuse prevention, diagnosis and \n treatment programs, and mental health and related programs, to \n provide unified and more effective and efficient services to \n Native Americans afflicted with alcohol and other substance \n abuse problems; and\n (2) to recognize that Indian tribes can best determine the \n goals and methods for establishing and implementing prevention, \n diagnosis and treatment programs for their communities, \n consistent with the policy of self-determination.\n\nSEC. 3. DEFINITIONS.\n\n (a) In General.--In this Act:\n (1) Federal agency.--The term ``Federal agency'' has the \n same meaning given the term in section 551(1) of title 5, \n United States Code.\n (2) Indian.--The term ``Indian'' shall have the meaning \n given such term in section 4(d) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b(d)).\n (3) Indian tribe.--The terms ``Indian tribe'' and ``tribe'' \n shall have the meaning given the term ``Indian tribe'' in \n section 4(e) of the Indian Self-Determination and Education \n Assistance Act (25 U.S.C. 450b(e)) and shall include entities \n as provided for in subsection (b)(2).\n (4) Secretary.--Except where otherwise provided, the term \n ``Secretary'' means the Secretary of Health and Human Services.\n (5) Substance abuse.--The term ``substance abuse'' includes \n the illegal use or abuse of a drug, the abuse of an inhalant, \n or the abuse of tobacco or related products.\n (b) Indian Tribe.--\n (1) In general.--In any case in which an Indian tribe has \n authorized another Indian tribe, an inter-tribal consortium, or \n a tribal organization to plan for or carry out programs, \n services, functions, or activities (or portions thereof) on its \n behalf under this Act, the authorized Indian tribe, inter-\n tribal consortium, or tribal organization shall have the rights \n and responsibilities of the authorizing Indian tribe (except as \n otherwise provided in the authorizing resolution or in this \n Act).\n (2) Inclusion of other entities.--In a case described in \n paragraph (1), the term ``Indian tribe'', as defined in \n subsection (a)(2), shall include the additional authorized \n Indian tribe, inter-tribal consortium, or tribal organization.\n\nSEC. 4. INTEGRATION OF SERVICES AUTHORIZED.\n\n The Secretary of Health and Human Services, in cooperation with the \nSecretary of Labor, Secretary of the Interior, Secretary of Education, \nSecretary of Housing and Urban Development, United States Attorney \nGeneral, and Secretary of Transportation, as appropriate, shall, upon \nthe receipt of a plan acceptable to the Secretary that is submitted by \nan Indian tribe, authorize the tribe to coordinate, in accordance with \nsuch plan, its federally funded alcohol and substance abuse and mental \nhealth programs in a manner that integrates the program services \ninvolved into a single, coordinated, comprehensive program and reduces \nadministrative costs by consolidating administrative functions.\n\nSEC. 5. PROGRAMS AFFECTED.\n\n The programs that may be integrated in a demonstration project \nunder any plan referred to in section 4 shall include--\n (1) any program under which an Indian tribe is eligible for \n the receipt of funds under a statutory or administrative \n formula for the purposes of prevention, diagnosis or treatment \n of alcohol and other substance abuse problems and disorders, or \n mental health problems and disorders, or any program designed \n to enhance the ability to treat, diagnose or prevent alcohol \n and other substance abuse and related problems and disorders, \n or mental health problems or disorders;\n (2) any program under which an Indian tribe is eligible for \n receipt of funds though a competitive or other grant program \n for the purposes of prevention, diagnosis or treatment of \n alcohol and other substance abuse problems and disorders, or \n mental health problems and disorders, or treatment, diagnosis \n and prevention of related problems and disorders, or any \n program designed to enhance the ability to treat, diagnose or \n prevent alcohol and other substance abuse and related problems \n and disorders, or mental health problems or disorders, if--\n (A) the Indian tribe has provided notice to the \n appropriate agency regarding the intentions of the \n tribe to include the grant program in the plan it \n submits to the Secretary, and the affected agency has \n consented to the inclusion of the grant in the plan; or\n (B) the Indian tribe has elected to include the \n grant program in its plan, and the administrative \n requirements contained in the plan are essentially the \n same as the administrative requirements under the grant \n program; and\n (3) any program under which an Indian tribe is eligible for \n receipt of funds under any other funding scheme for the \n purposes of prevention, diagnosis or treatment of alcohol and \n other substance abuse problems and disorders, or mental health \n problems and disorders, or treatment, diagnosis and prevention \n of related problems and disorders, or any program designed to \n enhance the ability to treat, diagnose or prevent alcohol and \n other substance abuse and related problems and disorders, or \n mental health problems or disorders.\n\nSEC. 6. PLAN REQUIREMENTS.\n\n For a plan to be acceptable under section 4, the plan shall--\n (1) identify the programs to be integrated;\n (2) be consistent with the purposes of this Act authorizing \n the services to be integrated into the project;\n (3) describe a comprehensive strategy that identifies the \n full range of existing and potential alcohol and substance \n abuse and mental health treatment and prevention programs \n available on and near the tribe's service area;\n (4) describe the manner in which services are to be \n integrated and delivered and the results expected under the \n plan;\n (5) identify the projected expenditures under the plan in a \n single budget;\n (6) identify the agency or agencies in the tribe to be \n involved in the delivery of the services integrated under the \n plan;\n (7) identify any statutory provisions, regulations, \n policies or procedures that the tribe believes need to be \n waived in order to implement its plan; and\n (8) be approved by the governing body of the tribe.\n\nSEC. 7. PLAN REVIEW.\n\n (a) Consultation.--Upon receipt of a plan from an Indian tribe \nunder section 4, the Secretary shall consult with the Secretary of each \nFederal agency providing funds to be used to implement the plan, and \nwith the tribe submitting the plan.\n (b) Identification of Waivers.--The parties consulting on the \nimplementation of the plan under subsection (a) shall identify any \nwaivers of statutory requirements or of Federal agency regulations, \npolicies or procedures necessary to enable the tribal government to \nimplement its plan.\n (c) Waivers.--Notwithstanding any other provision of law, the \nSecretary of the affected agency shall have the authority to waive any \nstatutory requirement, regulation, policy, or procedure promulgated by \nthe affected agency that has been identified by the tribe or the \nFederal agency under subsection (b) unless the Secretary of the \naffected department determines that such a waiver is inconsistent with \nthe purposes of this Act or with those provisions of the Act that \nauthorizes the program involved which are specifically applicable to \nIndian programs.\n\nSEC. 8. PLAN APPROVAL.\n\n (a) In General.--Not later than 90 days after the receipt by the \nSecretary of a tribe's plan under section 4, the Secretary shall inform \nthe tribe, in writing, of the Secretary's approval or disapproval of \nthe plan, including any request for a waiver that is made as part of \nthe plan.\n (b) Disapproval.--If a plan is disapproved under subsection (a), \nthe Secretary shall inform the tribal government, in writing, of the \nreasons for the disapproval and shall give the tribe an opportunity to \namend its plan or to petition the Secretary to reconsider such \ndisapproval, including reconsidering the disapproval of any waiver \nrequested by the Indian tribe.\n\nSEC. 9. FEDERAL RESPONSIBILITIES.\n\n (a) Responsibilities of the Indian Health Service.--\n (1) Memorandum of understanding.--Not later than 180 days \n after the date of enactment of this Act, the Secretary of the \n Interior, the Secretary of Labor, the Secretary of Health and \n Human Services, the Secretary of Education, the Secretary of \n Housing and Urban Development, the United States Attorney \n General, and the Secretary of Transportation shall enter into \n an interdepartmental memorandum of agreement providing for the \n implementation of the plans authorized under this Act.\n (2) Lead agency.--The lead agency under this Act shall be \n the Indian Health Service.\n (3) Responsibilities.--The responsibilities of the lead \n agency under this Act shall include--\n (A) the development of a single reporting format \n related to the plan for the individual project which \n shall be used by a tribe to report on the activities \n carried out under the plan;\n (B) the development of a single reporting format \n related to the projected expenditures for the \n individual plan which shall be used by a tribe to \n report on all plan expenditures;\n (C) the development of a single system of Federal \n oversight for the plan, which shall be implemented by \n the lead agency;\n (D) the provision of technical assistance to a \n tribe appropriate to the plan, delivered under an \n arrangement subject to the approval of the tribe \n participating in the project, except that a tribe shall \n have the authority to accept or reject the plan for \n providing the technical assistance and the technical \n assistance provider; and\n (E) the convening by an appropriate official of the \n lead agency (whose appointment is subject to the \n confirmation of the Senate) and a representative of the \n Indian tribes that carry out projects under this Act, \n in consultation with each of the Indian tribes that \n participate in projects under this Act, of a meeting \n not less than 2 times during each fiscal year for the \n purpose of providing an opportunity for all Indian \n tribes that carry out projects under this Act to \n discuss issues relating to the implementation of this \n Act with officials of each agency specified in \n paragraph (1).\n (b) Report Requirements.--The single reporting format shall be \ndeveloped by the Secretary under subsection (a)(3), consistent with the \nrequirements of this Act. Such reporting format, together with records \nmaintained on the consolidated program at the tribal level shall \ncontain such information as will--\n (1) allow a determination that the tribe has complied with \n the requirements incorporated in its approved plan; and\n (2) provide assurances to the Secretary that the tribe has \n complied with all directly applicable statutory requirements \n and with those directly applicable regulatory requirements \n which have not been waived.\n\nSEC. 10. NO REDUCTION IN AMOUNTS.\n\n In no case shall the amount of Federal funds available to a \nparticipating tribe involved in any project be reduced as a result of \nthe enactment of this Act.\n\nSEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED.\n\n The Secretary of the Interior, the Secretary of Labor, the \nSecretary of Health and Human Services, the Secretary of Education, the \nSecretary of Housing and Urban Development, the United States Attorney \nGeneral, or the Secretary of Transportation, as appropriate, is \nauthorized to take such action as may be necessary to provide for the \ninteragency transfer of funds otherwise available to a tribe in order \nto further the purposes of this Act.\n\nSEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE.\n\n (a) Administration of Funds.--\n (1) In general.--Program funds shall be administered under \n this Act in such a manner as to allow for a determination that \n funds from specific programs (or an amount equal to the amount \n utilized from each program) are expended on activities \n authorized under such program.\n (2) Separate records not required.--Nothing in this section \n shall be construed as requiring a tribe to maintain separate \n records tracing any services or activities conducted under its \n approved plan under section 4 to the individual programs under \n which funds were authorized, nor shall the tribe be required to \n allocate expenditures among individual programs.\n (b) Overage.--All administrative costs under a plan under this Act \nmay be commingled, and participating Indian tribes shall be entitled to \nthe full amount of such costs (under each program or department's \nregulations), and no overage shall be counted for Federal audit \npurposes so long as the overage is used for the purposes provided for \nunder this Act.\n\nSEC. 13. FISCAL ACCOUNTABILITY.\n\n Nothing in this Act shall be construed to interfere with the \nability of the Secretary or the lead agency to fulfill the \nresponsibilities for the safeguarding of Federal funds pursuant to \nchapter 75 of title 31, United States Code (the Single Audit Act of \n1984).\n\nSEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO INTEGRATION.\n\n (a) Preliminary Report.--Not later than 2 years after the date of \nenactment of this Act, the Secretary shall submit a report to the \nCommittee on Indian Affairs of the Senate and the Committee on \nResources of the House of Representatives on the implementation of the \nprogram authorized under this Act.\n (b) Final Report.--Not later than 5 years after the date of the \nenactment of this Act, the Secretary shall submit a report to the \nCommittee on Indian Affairs of the Senate and the Committee on \nResources of the House of Representatives on the results of the \nimplementation of the program authorized under this Act. The report \nshall identify statutory barriers to the ability of tribes to integrate \nmore effectively their alcohol and substance abuse services in a manner \nconsistent with the purposes of this Act.\n\nSEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ALCOHOL AND \n DRUG TREATMENT OR MENTAL HEALTH PROGRAMS.\n\n Any State with an alcohol and substance abuse or mental health \nprogram targeted to Indian tribes shall be eligible to receive, at no \ncost to the State, such Federal personnel assignments as the Secretary, \nin accordance with the applicable provisions of subchapter IV of \nchapter 33 of title 5, United States Code (the Intergovernmental \nPersonnel Act of 1970), may deem appropriate to help insure the success \nof such program.\n\n Passed the Senate June 13, 2000.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Prohibits any reduction of Federal funds available to a participating tribe as a result of this Act. Provides for interagency fund transfers to carry out this Act. Makes any State with an alcohol and substance abuse or mental health program targeted to Indian tribes eligible to receive, at no cost, such Federal personnel assignments as the Secretary may deem appropriate to help ensure the success of such program.","title":"Native American Alcohol and Substance Abuse Program Consolidation Act of 2000","text_len":16514,"sum_len":416} {"bill_id":"112_s2164","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Upper Mississippi Conservation and \nRiver Protection Act of 2012'' or the ``Upper Mississippi CARP Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Alternative technology barrier.--The term ``alternative \n technology barrier'' means--\n (A) an electric barrier;\n (B) an acoustic barrier;\n (C) a bubble barrier; and\n (D) any other barrier the Secretary determines to \n be appropriate.\n (2) Asian carp.--The term ``Asian carp'' means--\n (A) grass carp (Ctenopharyngodon idella);\n (B) silver carp (Hypophthalmichthys molitrix);\n (C) bighead carp (Hypophthalmichthys nobilis); and\n (D) black carp (Mylopharyngodon piceus).\n (3) Lock and dam 2.--The term ``Lock and Dam 2'' means the \n lock and dam located on Mississippi River mile 815.2 upstream \n of Hastings, Minnesota.\n (4) Lock and dam 4.--The term ``Lock and Dam 4'' means the \n lock and dam located on Mississippi River mile 752.8 in Alma, \n Wisconsin.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Army, acting through the Chief of Engineers.\n (6) Upper st. anthony falls lock and dam.--The term ``Upper \n St. Anthony Falls Lock and Dam'' means the lock and dam located \n on Mississippi River mile 853.9 in Minneapolis, Minnesota.\n\nSEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY \n FALLS LOCK.\n\n (a) Study.--The Secretary shall conduct a study on the feasibility \nof temporarily closing the lock at the Upper St. Anthony Falls Lock and \nDam to manage the threat of Asian carp traveling up the Mississippi \nRiver in the State of Minnesota.\n (b) Potential Impacts.--In conducting the study, the Secretary \nshall assess the potential impacts, including environmental and \neconomic impacts of--\n (1) temporary closure of the lock; and\n (2) continuing to operate the lock.\n (c) Consultation.--The Secretary shall carry out the study in \nconsultation with the Secretary of the Interior and appropriate \nFederal, State, and local entities.\n (d) Public Comment.--In conducting the study, the Secretary shall \nprovide an opportunity for, and take into consideration, public \ncomments.\n (e) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nresults of the study.\n\nSEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES.\n\n (a) Study.--The Secretary shall conduct a study on the feasibility \nof implementing control measures at the Upper St. Anthony Falls Lock \nand Dam to manage the threat of Asian carp traveling up the Mississippi \nRiver in the State of Minnesota.\n (b) Types of Control Measures.--The study shall include an \nexamination of--\n (1) permanent closure of the lock;\n (2) modified lock operations;\n (3) the use of an alternative technology barrier; and\n (4) any other control measures the Secretary determines to \n be appropriate.\n (c) Potential Impacts.--In conducting the study, the Secretary \nshall assess the potential impacts, including environmental and \neconomic impacts of--\n (1) implementing each of the control measures described in \n subsection (b); and\n (2) not implementing any control measures.\n (d) Consultation.--The Secretary shall carry out the study in \nconsultation with the Secretary of the Interior and appropriate \nFederal, State, and local entities.\n (e) Public Comment.--In conducting the study, the Secretary shall \nprovide an opportunity for, and take into consideration, public \ncomments.\n (f) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary shall submit to Congress a report on the \nresults of the study.\n\nSEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP.\n\n (a) Discretionary Closure.--The Secretary may close the lock at the \nUpper St. Anthony Falls Lock and Dam if the Secretary determines in \nwriting, based on the assessment of potential impacts under section \n3(b), that closure of the lock is justified as a method to manage the \nthreat of Asian carp traveling up the Mississippi River in the State of \nMinnesota.\n (b) Mandatory Closure.--The Secretary shall close the lock at the \nUpper St. Anthony Falls Lock and Dam if the Secretary determines that--\n (1) 1 or more live adult Asian carp has been captured above \n Lock and Dam 2; or\n (2) 1 or more juvenile Asian carp has been captured above \n Lock and Dam 4.\n (c) Period of Closure.--If the Secretary closes the lock under this \nsection, the Secretary may reopen the lock after the Secretary \ndetermines in writing that adequate measures are in place to manage the \nthreat of Asian carp moving upstream of the Upper St. Anthony Falls \nLock and Dam.\n (d) Emergency Operations.--Nothing in this section shall prevent \nthe Secretary from carrying out emergency lock operations necessary to \nmitigate flood damage.\n\nSEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.\n\n The Council on Environmental Quality shall incorporate the Upper \nMississippi River and tributaries, the Minnesota River, and the St. \nCroix River into the Asian Carp Control Strategy Framework of the \nCouncil.\n\nSEC. 7. SENSE OF CONGRESS.\n\n It is the sense of Congress that, to the maximum extent \npracticable, Federal agencies researching Asian carp control \ntechnologies should partner with State and local shareholders, giving \npriority to those collaborative partnerships in which the State and \nlocal shareholders contribute to the cost of the research.","summary":"Upper Mississippi Conservation and River Protection Act of 2012 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to: (1) study the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam, or implementing control measures at the lock, including permanently closing the lock, modifying lock operations, or using an alternative technology barrier, to manage the threat of Asian carp traveling up the Mississippi River in Minnesota. And (2) assess the potential impacts, including environmental and economic impacts, of temporarily closing the lock or continuing to operate it and of implementing the control measures or not implementing such measures. Authorizes the Chief to close the lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close the lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 or that a juvenile Asian carp has been captured above Lock and Dam 4. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.","title":"A bill to authorize the Secretary of the Army to carry out activities to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota, and for other purposes.","text_len":5904,"sum_len":1603} {"bill_id":"110_hr279","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Totalization \nAgreement Reform Act of 2007''.\n\nSEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.\n\n (a) In General.--Section 233(e) of the Social Security Act (42 \nU.S.C. 433(e)) is amended to read as follows:\n ``(e) (1) Any agreement to establish a totalization arrangement \nwhich is entered into with another country under this section shall \nenter into force with respect to the United States if (and only if)--\n ``(A) the President, at least 90 calendar days before the \n date on which the President enters into the agreement, notifies \n each House of the Congress of the President's intention to \n enter into the agreement, and promptly thereafter publishes \n notice of such intention in the Federal Register,\n ``(B) the President transmits the text of such agreement to \n each House of the Congress as provided in paragraph (2), and\n ``(C) an approval resolution regarding such agreement has \n passed both Houses of the Congress and has been enacted into \n law.\n ``(2)(A) Whenever an agreement referred to in paragraph (1) is \nentered into, the President shall transmit to each House of the \nCongress a document setting forth the final legal text of such \nagreement and including a report by the President in support of such \nagreement. The President's report shall include the following:\n ``(i) an estimate by the Chief Actuary of the Social \n Security Administration of the effect of the agreement, in the \n short term and in the long term, on the receipts and \n disbursements under the social security system established by \n this title;\n ``(ii) a statement of any administrative action proposed to \n implement the agreement and how such action will change or \n affect existing law,\n ``(iii) a statement describing whether and how the \n agreement changes provisions of an agreement previously \n negotiated,\n ``(iv) a statement describing how and to what extent the \n agreement makes progress in achieving the purposes, policies, \n and objectives of this title,\n ``(v) an estimate by the Chief Actuary of the Social \n Security Administration, working in consultation with the \n Comptroller General of the United States, of the numbers of \n individuals who may become eligible for any benefits under this \n title by reason of the agreement or who may otherwise be \n affected by the agreement,\n ``(vi) an assessment of the integrity of the retirement \n data and records (including birth, death, and marriage records) \n of the other country that is a party to the agreement, and\n ``(vii) an assessment of the ability of such other country \n to track and monitor recipients of benefits affected by such \n agreement.\n ``(B) If any separate agreement or other understanding with another \ncountry (whether oral or in writing) relating to an agreement to \nestablish a totalization arrangement under this section is not \ndisclosed to the Congress in the transmittal to the Congress under this \nparagraph of the agreement to establish a totalization arrangement, \nthen such separate agreement or understanding shall not be considered \nto be part of the agreement approved by the Congress under this section \nand shall have no force and effect under United States law.\n ``(3) For purposes of this subsection, the term `approval \nresolution' means a joint resolution, the matter after the resolving \nclause of which is as follows: `That the proposed agreement entered \ninto pursuant to section 233 of the Social Security Act between the \nUnited States and _______ establishing totalization arrangements \nbetween the social security system established by title II of such Act \nand the social security system of _______, transmitted to the Congress \nby the President on ______, is hereby approved.', the first two blanks \ntherein being filled with the name of the country with which the United \nStates entered into the agreement, and the third blank therein being \nfilled with the date of the transmittal of the agreement to the \nCongress.\n ``(4) The succeeding paragraphs of this subsection are enacted by \nthe Congress--\n ``(A) as an exercise of the rulemaking power of the House \n of Representatives and the Senate, respectively, and as such \n they are deemed a part of the rules of each House, \n respectively, but applicable only with respect to the procedure \n to be followed in that House in the case of disapproval \n resolutions and approval resolutions, and they supersede other \n rules only to the extent that they are inconsistent therewith; \n and\n ``(B) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner and to \n the same extent as in the case of any other rule of that House.\n ``(5)(A) Whenever a document setting forth an agreement entered \ninto under this section and the President's report in support of the \nagreement is transmitted to the Congress pursuant to paragraph (2), \ncopies of such document shall be delivered to both Houses of Congress \non the same day and shall be delivered to the Clerk of the House of \nRepresentatives if the House is not in session and to the Secretary of \nthe Senate if the Senate is not in session.\n ``(6)(A) On the day on which a document setting forth the agreement \nis transmitted to the House of Representatives and the Senate pursuant \nto paragraph (1), an approval resolution with respect to such agreement \nshall be introduced (by request) in the House by the majority leader of \nthe House, for himself or herself and the minority leader of the House, \nor by Members of the House designated by the majority leader and \nminority leader of the House; and shall be introduced (by request) in \nthe Senate by the majority leader of the Senate, for himself or herself \nand the minority leader of the Senate, or by Members of the Senate \ndesignated by the majority leader and minority leader of the Senate. If \neither House is not in session on the day on which such an agreement is \ntransmitted, the approval resolution with respect to such agreement \nshall be introduced in that House, as provided in the preceding \nsentence, on the first day thereafter on which that House is in \nsession. The resolution introduced in the House of Representatives \nshall be referred to the Committee on Ways and Means and the resolution \nintroduced in the Senate shall be referred to the Committee on Finance.\n ``(B) No amendment to the approval resolution shall be in order in \neither the House of Representatives or the Senate; and no motion to \nsuspend the application of this clause shall be in order in either \nHouse, nor shall it be in order in either House for the Presiding \nOfficer to entertain a request to suspend the application of this \nclause by unanimous consent.\n ``(C) If the committee of either House to which an approval \nresolution has been referred has not reported it at the close of the \n45th day after its introduction, such committee shall be automatically \ndischarged from further consideration of the resolution and it shall be \nplaced on the appropriate calendar. A vote on final passage of the \nresolution shall be taken in each House on or before the close of the \n15th day after the resolution is reported by the committee of that \nHouse to which it was referred, or after such committee has been \ndischarged from further consideration of the resolution.\n ``(D)(i) On or after the third day after the date on which the \ncommittee to which the approval resolution is referred has reported, or \nhas been discharged from further consideration of, such resolution, it \nis in order (even though a previous motion to the same effect has been \ndisagreed to) for any Member of the respective House to move to proceed \nto the consideration of the resolution. A Member may make the motion \nonly on the day after the calendar day on which the Member announces to \nthe respective House the Member's intention to make the motion, except \nthat, in the case of the House of Representatives, the motion may be \nmade without such prior announcement if the motion is made by direction \nof the Committee on Ways and Means. All points of order against the \napproval resolution (and against consideration of the resolution) are \nwaived. The motion is highly privileged in the House of Representatives \nand is privileged in the Senate and is not debatable. The motion is not \nsubject to amendment, or to a motion to postpone, or to a motion to \nproceed to the consideration of other business. A motion to reconsider \nthe vote by which the motion is agreed to or disagreed to shall not be \nin order. If a motion to proceed to the consideration of the resolution \nis agreed to, the respective House shall immediately proceed to \nconsideration of the approval resolution without intervening motion, \norder, or other business, and the resolution shall remain the \nunfinished business of the respective House until disposed of.\n ``(ii) Debate on the approval resolution, and on all debatable \nmotions and appeals in connection with the resolution, shall be limited \nto not more than 20 hours, which shall be divided equally between those \nfavoring and those opposing the resolution. An amendment to the \nresolution is not in order. A motion further to limit debate is in \norder and not debatable. A motion to postpone, or a motion to proceed \nto the consideration of other business, or a motion to recommit the \nresolution is not in order.\n ``(iii) Immediately following the conclusion of the debate in the \nrespective House on the approval resolution and a single quorum call at \nthe conclusion of the debate if requested in accordance with the rules \nof the respective House, the vote on final passage of the resolution \nshall occur.\n ``(iv) Appeals from the decisions of the Presiding Officer relating \nto the application of the rules of the respective House to the \nprocedure relating to the approval resolution shall be decided without \ndebate.\n ``(v) A motion to reconsider the vote by which the approval \nresolution is agreed to or disagreed to is not in order.\n ``(E) For purposes of this paragraph, in computing a number of days \nin either House, there shall be excluded any day on which that House is \nnot in session.\n ``(7)(A) If, before the passage by one House of an approval \nresolution of that House, that House receives an approval resolution \nfrom the other House, then the following procedures shall apply:\n ``(i) The approval resolution of the other House shall not \n be referred to a committee and may not be considred in the \n House receiving it except in the case of final passage as \n provided in clause (ii)(II).\n ``(ii) With respect to an approval resolution of the House \n receiving the resolution--\n ``(I) the procedure in that House shall be the same \n as if no resolution had been received from the other \n House, and\n ``(II) the vote on final passage shall be on the \n resolution of the other House.\n ``(B) Upon disposition of the resolution received from the other \nHouse, it shall no longer be in order to consider the resolution that \noriginated in the receiving House.''.\n (b) Additional Reports and Evaluations.--Section 233 of such Act is \namended further by adding at the end the following new subsections:\n ``(f) Biennial SSA Report on Impact of Totalization Agreements.--\nNot later than 2 years after the effective date of each totalization \nagreement that is transmitted to the Congress pursuant to subsection \n(e), and biennially thereafter, the Commissioner of Social Security \nshall submit to each House of the Congress and to the Comptroller \nGeneral a report relating to such agreement. Such report shall--\n ``(1) compare the estimates contained in the report \n submitted to Congress under clauses (i) and (v) of subsection \n (e)(2)(A) with respect to that agreement with the actual number \n of individuals affected by the agreement and the actual effect \n of the agreement on receipts and disbursements of the social \n security system established by this title; and\n ``(2) contain recommendations for adjusting the methods \n used to make the estimates.\n ``(g) GAO Evaluation and Report.--\n ``(1) Evaluation of initial report on impact of \n totalization agreements.--With respect to each initial report \n regarding a totalization agreement submitted under subsection \n (f), the Comptroller General of the United States shall conduct \n an evaluation of the report that includes--\n ``(A) an evaluation of the procedures used for \n making the estimates required by subsection (e)(2)(A);\n ``(B) an evaluation of the procedures used for \n determining the actual number of individuals affected \n by the agreement and the effects of the totalization \n agreement on receipts and disbursements under the \n social security system established by this title; and\n ``(C) such recommendations as the Comptroller \n General determines appropriate.\n ``(2) Report.--Not later than 1 year after the date of the \n submission of an initial report regarding a totalization \n agreement under subsection (f), the Comptroller General shall \n submit to Congress a report setting forth the results of the \n evaluation conducted under paragraph (1).\n ``(3) Data collection.--The Commissioner of Social Security \n shall collect and maintain the data necessary for the \n Comptroller General of the United States to conduct the \n evaluation required by paragraph (1).''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to agreements establishing totalization arrangements \nentered into under section 233 of the Social Security Act with are \ntransmitted to the Congress on or after January 1, 2007.","summary":"Social Security Totalization Agreement Reform Act of 2007 - Amends title II (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if : (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register. (2) he transmits the text of such agreement to each House of the Congress. And (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law. Sets forth procedures for the consideration of such a joint resolution.","title":"To amend title II of the Social Security Act to provide for Congressional oversight and approval of totalization agreements.","text_len":14595,"sum_len":804} {"bill_id":"111_hr4335","text":"THROUGH ADMINISTRATIVE PROCESSES.\n\n Subsection (a) of section 7 of the Civil Rights of \nInstitutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read \nas follows:\n ``(a) Administrative Remedies.--\n ``(1) Presentation.--No claim with respect to prison \n conditions under section 1979 of the Revised statutes (42 \n U.S.C. 1983), or any other Federal law, by a prisoner confined \n in any jail, prison, or other correctional facility shall be \n adjudicated except under section 1915A(b) of title 28, United \n States Code, until the claim has been presented for \n consideration to officials of the facility in which the claim \n arose. Such presentation satisfies the requirement of this \n paragraph if it provides prison officials of the facility in \n which the claim arose with reasonable notice of the prisoner's \n claim, and if it occurs within the generally applicable \n limitations period for filing suit.\n ``(2) Stay.--If a claim included in a complaint has not \n been presented as required by paragraph (1), and the court does \n not dismiss the claim under section 1915A(b) of title 28, \n United States Code, the court shall stay the action for a \n period not to exceed 90 days and shall direct prison officials \n to consider the relevant claim or claims through such \n administrative process as they deem appropriate. However, the \n court shall not stay the action if the court determines that \n the prisoner is in danger of immediate harm.\n ``(3) Proceeding.--Upon the expiration of the stay under \n paragraph (2), the court shall proceed with the action except \n to the extent the court is notified by the parties that it has \n been resolved.''.\n\nSEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGATION REFORM ACT.\n\n (a) Title 18.--\n (1) Juvenile proceedings.--Section 3626(g) of title 18, \n United States Code, is amended--\n (A) in paragraph (3) by striking ``or adjudicated \n delinquent for,''; and\n (B) so that paragraph (5) reads as follows:\n ``(5) the term `prison' means any Federal, State, or local \n facility that incarcerates or detains prisoners;''.\n (2) Adult convictions.--Section 3626 of title 18, United \n States Code, is amended by adding at the end the following:\n ``(h) Exclusion of Child Prisoners.--This section does not apply \nwith respect to a prisoner who has not attained the age of 18 years.''.\n (b) Civil Rights of Institutionalized Persons Act.--\n (1) Section 7(h) of the Civil Rights of Institutionalized \n Persons Act (42 U.S.C. 1997e(h)), is amended by striking ``or \n adjudicated delinquent for,''.\n (2) Section 7 of the Civil Rights of Institutionalized \n Persons Act (42 U.S.C. 1997e) is amended by adding at the end \n the following:\n ``(i) Exclusion of Child Prisoners.--This section does not apply \nwith respect to a prisoner who has not attained the age of 18 years.''.\n (c) Title 28.--Title 28, United States Code, is amended--\n (1) in section 1915(h)--\n (A) by inserting ``who has attained the age of 18 \n years'' after ``means any person''; and\n (B) by striking ``or adjudicated delinquent for,''; \n and\n (2) in section 1915A(c)--\n (A) by inserting ``who has attained the age of 18 \n years'' after ``means any person''; and\n (B) by striking ``or adjudicated delinquent for,''.\n\nSEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA PAUPERIS CLAIMS.\n\n Section 1915(g) of title 28, United States Code, is amended--\n (1) by inserting ``within the preceding 5 years'' after ``3 \n or more occasions''; and\n (2) by striking ``, malicious, or fails to state a claim \n upon which relief may be granted'' and inserting ``or \n malicious''.\n\nSEC. 6. FILING FEES IN FORMA PAUPERIS.\n\n Section 1915(b)(1) of title 28, United States Code, is amended--\n (1) by striking ``or files an appeal''; and\n (2) by inserting ``and the action is dismissed at initial \n screening pursuant to subsection (e)(2) of this section, \n section 1915A of this title, or section 7(c)(1) of the Civil \n Rights of Institutionalized Persons Act (42 U.S.C. \n 1997e(c)(1)),'' after ``in forma pauperis,''.\n\nSEC. 7. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY.\n\n Section 1915(a)1) of title 28, United States Code, is amended by \nstriking ``that includes a statement of all assets such prisoner \npossesses'' and inserting ``(including a statement of assets such \nperson possesses)''.\n\nSEC. 8. ENCOURAGEMENT OF APPROPRIATE SETTLEMENT OF PRISONER LITIGATION.\n\n Section 3626(c)(1) of title 18, United States Code, is amended, by \nstriking the period at the end and inserting ``, except that the \nviolation of a Federal right may be alleged by plaintiff rather than \nproven or stipulated.''.\n\nSEC. 9. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE REMEDIES.\n\n Section 3626 of title 18, United States Code, is amended--\n (1) in subsection (a)(2) by striking the final sentence;\n (2) in subsection (b)(1)(A), by inserting ``if that party \n demonstrates that it has eliminated the violation of the \n Federal right that gave rise to the prospective relief and that \n the violation is reasonably unlikely to recur'' after \n ``intervener'';\n (3) in subsection (b)(1)(B), by adding at the end the \n following: ``Nothing in this section shall prevent the court \n from extending any of the time periods set out in subsection \n (A), if the court finds, at the time of granting or approval of \n the prospective relief, that correction of the violation will \n take longer than those time periods.''; and\n (4) in subsection (e) by striking paragraphs (2), (3), and \n (4).\n\nSEC. 10. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to all cases currently \npending in Federal court and any such cases filed on or after the date \nof enactment of this Act.","summary":"Prison Abuse Remedies Act of 2009 - Amends the Civil Rights of Institutionalized Persons Act to: (1) eliminate the requirement of a prior showing of physical injury before a prisoner may bring a claim for mental or emotional injury suffered while in custody. And (2) provide for a 90-day stay of nonfrivolous claims relating to prison conditions to allow prison officials to consider such claims through the administrative process. And (3) exclude from the application of such Act prisoners under the age of 18. Amends the federal criminal code to: (1) exempt prisoners under the age of 18 from the restrictions imposed by the Prison Litigation Reform Act. And (2) expand the discretionary authority of judges in awarding relief in actions involving prison conditions. Amends the federal judicial code to: (1) exempt prisoners under the age of 18 from certain restrictions on in forma pauperis proceedings. (2) expand the number of in forma pauperis actions a prisoner may bring. And (3) revise requirements for assessing filing fees and costs against prisoners in such actions.","title":"To provide for the redress of prison abuses, and for other purposes.","text_len":6376,"sum_len":1078} {"bill_id":"114_hr2768","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Superfund Reinvestment Act''.\n\nSEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP.\n\n (a) Availability of Amounts.--Section 111 of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9611) is amended--\n (1) in subsection (a) by striking ``For the purposes \n specified'' and all that follows through ``for the following \n purposes:'' and inserting the following: ``The amount in the \n Hazardous Substance Superfund established under section 9507 of \n the Internal Revenue Code of 1986 shall be available, without \n further appropriation, to be used for the purposes specified in \n this section. The President shall use such amount for the \n following purposes:''; and\n (2) in subsection (c)--\n (A) by striking ``Subject to such amounts as are \n provided in appropriations Acts, the'' each place it \n appears and inserting ``The''; and\n (B) in paragraph (12) by striking ``to the extent \n that such costs'' and all that follows through ``and \n 1994''.\n (b) Amendment to the Internal Revenue Code.--Section 9507 of the \nInternal Revenue Code of 1986 is amended--\n (1) by striking ``appropriated to'' in subsection (a)(1) \n and inserting ``made available for'';\n (2) by striking ``appropriated'' in subsection (b) and \n inserting ``transferred'';\n (3) by striking ``, as provided in appropriations Acts,'' \n in subsection (c)(1); and\n (4) by striking ``December 31, 1995'' in subsection \n (d)(3)(B) and inserting ``December 31, 2024''.\n\nSEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND.\n\n Notwithstanding any other provision of law, the receipts and \ndisbursements of the Hazardous Substance Superfund established in \nsection 9507 of the Internal Revenue Code of 1986--\n (1) shall not be counted as new budget authority, outlays, \n receipts, or deficit or surplus for purposes of--\n (A) the budget of the United States Government as \n submitted by the President;\n (B) the congressional budget (including allocations \n of budget authority and outlays provided therein);\n (C) the Balanced Budget and Emergency Deficit \n Control Act of 1985; or\n (D) the Statutory Pay-As-You-Go Act of 2010;\n (2) shall be exempt from any general budget limitation \n imposed by statute on expenditures and net lending (budget \n outlays) of the United States Government; and\n (3) shall be available only for the purposes specified in \n section 111 of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9611).\n\nSEC. 4. MODIFICATION OF SUPERFUND TAXES.\n\n (a) Hazardous Substance Superfund Financing Rate.--\n (1) Extension.--Subsection (e) of section 4611 of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(e) Application of Hazardous Substance Superfund Financing \nRate.--The Hazardous Substance Superfund financing rate under this \nsection shall apply after December 31, 1986, and before January 1, \n1996, and after the date of the enactment of the Superfund Reinvestment \nAct and before January 1, 2025.''.\n (2) Adjustment for inflation.--\n (A) Section 4611(c)(2)(A) of such Code is amended \n by striking ``9.7 cents'' and inserting ``16.3 cents''.\n (B) Section 4611(c) of such Code is amended by \n adding at the end the following:\n ``(3) Adjustment for inflation.--\n ``(A) In general.--In the case of a year beginning \n after 2016, the amount in paragraph (2)(A) shall be \n increased by an amount equal to--\n ``(i) such amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year, determined by substituting \n `calendar year 2015' for `calendar year 1992' \n in subparagraph (B) thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $0.01, such \n amount shall be rounded to the next lowest multiple of \n $0.01.''.\n (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.--\nSection 4661(b) of such Code is amended to read as follows:\n ``(b) Amount of Tax.--\n ``(1) In general.--The amount of the tax imposed by \n subsection (a) shall be determined in accordance with the \n following table:\n\n------------------------------------------------------------------------\n The tax is the\n ``In the case of: following amount per\n ton:\n------------------------------------------------------------------------\nAcetylene $11.35\nBenzene 11.35\nButane 11.35\nButylene 11.35\nButadiene 11.35\nEthylene 11.35\nMethane 8.02\nNaphthalene 11.35\nPropylene 11.35\nToluene 11.35\nXylene 11.35\nAmmonia 6.15\nAntimony 10.37\nAntimony trioxide 8.74\nArsenic 10.37\nArsenic trioxide 7.95\nBarium sulfide 5.36\nBromine 10.37\nCadmium 10.37\nChlorine 6.29\nChromium 10.37\nChromite 3.54\nPotassium dichromate 3.94\nSodium dichromate 4.36\nCobalt 10.37\nCupric sulfate 4.36\nCupric oxide 8.37\nCuprous oxide 9.25\nHydrochloric acid 0.68\nHydrogen fluoride 9.86\nLead oxide 9.65\nMercury 10.37\nNickel 10.37\nPhosphorus 10.37\nStannous chloride 6.64\nStannic chloride 4.94\nZinc chloride 5.17\nZinc sulfate 4.43\nPotassium hydroxide 0.51\nSodium hydroxide 0.65\nSulfuric acid 0.61\nNitric acid 0.56.\n------------------------------------------------------------------------\n\n ``(2) Adjustment for inflation.--\n ``(A) In general.--In the case of a calendar year \n beginning after 2016, each of the amounts in the table \n in paragraph (1) shall be increased by an amount equal \n to--\n ``(i) such amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year, determined by substituting \n `calendar year 2015' for `calendar year 1992' \n in subparagraph (B) thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $0.01, such \n amount shall be rounded to the next lowest multiple of \n $0.01.''.\n (c) Corporate Environmental Income Tax Reinstated.--\n (1) In general.--Subchapter A of chapter 1 of the such Code \n is amended by inserting after part VI the following:\n\n ``PART VII--ENVIRONMENTAL TAX\n\n``SEC. 59A. ENVIRONMENTAL TAX.\n\n ``(a) Imposition of Tax.--In the case of a corporation, there is \nhereby imposed (in addition to any other tax imposed by this subtitle) \na tax equal to 0.12 percent of the excess of--\n ``(1) the modified alternative minimum taxable income of \n such corporation for the taxable year, over\n ``(2) $3,735,000.\n ``(b) Modified Alternative Minimum Taxable Income.--For purposes of \nthis section, the term `modified alternative minimum taxable income' \nmeans alternative minimum taxable income (as defined in section \n55(b)(2)) but determined without regard to--\n ``(1) the alternative tax net operating loss deduction (as \n defined in section 56(d)), and\n ``(2) the deduction allowed under section 164(a)(5).\n ``(c) Exception for RICs and REITs.--The tax imposed by subsection \n(a) shall not apply to--\n ``(1) a regulated investment company to which part I of \n subchapter M applies, and\n ``(2) a real estate investment trust to which part II of \n subchapter M applies.\n ``(d) Special Rules.--\n ``(1) Short taxable years.--The application of this section \n to taxable years of less than 12 months shall be in accordance \n with regulations prescribed by the Secretary.\n ``(2) Section 15 not to apply.--Section 15 shall not apply \n to the tax imposed by this section.\n ``(e) Adjustment for Inflation.--\n ``(1) In general.--In the case of a taxable year beginning \n after 2016, the dollar amount in subsection (a)(2) shall be \n increased by an amount equal to--\n ``(A) such amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins, determined by substituting \n `calendar year 2015' for `calendar year 1992' in \n subparagraph (B) thereof.\n ``(2) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $1,000, such amount shall \n be rounded to the next lowest multiple of $1,000.\n ``(f) Application of Tax.--The tax imposed by this section shall \napply to taxable years ending after the date of the enactment of the \nSuperfund Reinvestment Act and beginning before January 1, 2025.''.\n (2) Conforming amendments.--\n (A) Paragraph (2) of section 26(b) of such Code is \n amended by inserting after subparagraph (A) the \n following:\n ``(B) section 59A (relating to environmental \n tax),''.\n (B) Section 30A(c) of such Code is amended by \n redesignating paragraphs (1), (2), and (3) as \n paragraphs (2), (3), and (4), respectively, and by \n inserting before paragraph (2) (as so redesignated) the \n following:\n ``(1) section 59A (relating to environmental tax),''.\n (C) Subsection (a) of section 164 of such Code is \n amended by inserting after paragraph (4) the following:\n ``(5) The environmental tax imposed by section 59A.''.\n (D) Section 275(a) of such Code is amended by \n inserting at the end the following flush sentence: \n ``Paragraph (1) shall not apply to the tax imposed by \n section 59A.''.\n (E) Section 882(a)(1) of such Code is amended by \n inserting ``59A,'' after ``55,''.\n (F) Section 1561(a) of such Code is amended--\n (i) by striking ``and'' at the end of \n paragraph (2),\n (ii) by striking the period at the end of \n paragraph (3) and inserting ``, and'',\n (iii) by inserting after paragraph (3) the \n following:\n ``(4) one dollar amount in effect under section 59A(a)(2) \n for the taxable year for purposes of computing the tax imposed \n by section 59A.'', and\n (iv) by striking ``and the amount specified \n in paragraph (3)'' and inserting ``, the amount \n specified in paragraph (3), and the amount \n specified in paragraph (4)''.\n (G) Section 6425(c)(1)(A) of such Code is amended \n by striking ``plus'' at end of clause (i), by inserting \n ``plus'' at the end of clause (ii), and by inserting \n after clause (ii) the following:\n ``(iii) the tax imposed by section 59A, \n over''.\n (H) Section 6655 of such Code is amended--\n (i) in subsections (e)(2)(A)(i) and \n (e)(2)(B)(i), by striking ``taxable income and \n alternative minimum taxable income'' and \n inserting ``taxable income, alternative minimum \n taxable income, and modified alternative \n minimum taxable income'',\n (ii) in subsection (e)(2)(B), by inserting \n after clause (ii) the following:\n ``(iii) Modified alternative minimum \n taxable income.--The term `modified alternative \n minimum taxable income' has the meaning given \n to such term by section 59A(b).'', and\n (iii) in subsection (g)(1)(A), by striking \n ``plus'' at the end of clause (ii), by \n redesignating clause (iii) as clause (iv) and \n by inserting after clause (ii) the following:\n ``(iii) the tax imposed by section 59A, \n plus''.\n (I) Section 9507(b)(1) of such Code is amended by \n inserting ``59A,'' before ``4611''.\n (3) Clerical amendment.--The table of parts for subchapter \n A of chapter 1 of such Code is amended by inserting after the \n item relating to part VI the following new item:\n\n ``Part VII. Environmental Tax''.\n\n (d) Clarification of Tar Sands as Crude Oil for Excise Tax \nPurposes.--\n (1) In general.--Section 4612(a)(1) of such Code is amended \n to read as follows:\n ``(1) Crude oil.--The term `crude oil' includes crude oil \n condensates, natural gasoline, any bitumen or bituminous \n mixture, any oil derived from a bitumen or bituminous mixture \n (including oil derived from tar sands), and any oil derived \n from kerogen-bearing sources (including oil derived from oil \n shale).''.\n (2) Technical amendment.--Section 4612(a)(2) of such Code \n is amended by striking ``from a well located''.\n (e) Technical Amendments.--\n (1) Subsection (b) of section 4611 of such Code is \n amended--\n (A) by striking ``or exported from'' in paragraph \n (1)(A);\n (B) by striking ``or exportation'' in paragraph \n (1)(B); and\n (C) by striking ``and Exportation'' in the heading \n thereof.\n (2) Paragraph (3) of section 4611(d) of such Code is \n amended--\n (A) by striking ``or exporting the crude oil, as \n the case may be'' and inserting ``the crude oil''; and\n (B) by striking ``or exports'' in the heading \n thereof.\n (f) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to oil and \n petroleum products received or entered during calendar quarters \n beginning after December 31, 2015.\n (2) Corporate environmental income tax.--The amendment made \n by section 4(c) shall apply to taxable years beginning after \n December 31, 2015.\n\nSEC. 5. APPLICABILITY.\n\n (a) In General.--Except as provided in section 4(f), this Act \n(including the amendments made by this Act) shall apply to fiscal years \nbeginning after September 30, 2015.","summary":"Superfund Reinvestment Act Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010, (2) shall be exempt from any general budget limitations. And (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to: (1) reinstate through December 31, 2024 and adjust for inflation annually after 2016, the Hazardous Substance Superfund financing rate and the corporate environmental income tax threshold amount, (2) extend the borrowing authority of the Superfund through 2024, and (3) modify the definition of quot, crude oilquot. For purposes of the excise tax on petroleum and petroleum products to include any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture , and any oil derived from kerogen-bearing sources .","title":"Superfund Reinvestment Act","text_len":18175,"sum_len":1292} {"bill_id":"109_s2914","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``DMZ War Veterans Recognition Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Korean War, which began in 1950 and ended when the \n Korean War Armistice was signed in 1953, is commonly known as \n the ``Forgotten War'';\n (2) a later war in Korea, known only to some veterans and \n their families as the ``Unknown War'' or the ``DMZ War'', \n occurred long after the Korean War Armistice was signed in \n 1953;\n (3) according to military documents, the leadership of \n North Korea issued a declaration of war against the United \n States in a speech in 1966, which read that ``U.S. imperialists \n should be dealt blows and their forces dispersed to the maximum \n in Asia. . . .'';\n (4) the 124th Special Forces unit of North Korea--\n (A) was trained--\n (i) to destroy the camps and civilians of \n the United States;\n (ii) to disrupt travel and communication \n between the Armed Forces; and\n (iii) to sabotage and assassinate the \n government officials of South Korea and the \n United States; and\n (B) repeatedly confronted the soldiers of the \n United States and the Republic of Korea when crossing \n through the Demilitarized Zone;\n (5) since the Armistice was signed, over 40,000 Armistice \n violations have occurred, many of which involved troops of the \n United States who were stationed in and around Korea;\n (6) some of those violations, like the capture of the USS \n Pueblo, caught the attention of the media, although most have \n not;\n (7) since the end of the Korean War, many soldiers of the \n United States have died or been wounded in Korea as a result of \n hostile fire;\n (8) some veterans of the Republic of Korea suffer from \n exposure to Agent Orange, which was used during a period that \n began in 1968 and ended in 1969 in and around the DMZ;\n (9) because the hazardous properties of Agent Orange last \n for at least 100 years, soldiers of the United States who later \n served in the Demilitarized Zone had been exposed to the \n chemical long after the Armed Forces stopped using it;\n (10) the military personnel of the United States who served \n in the Korean War during the period that began in 1966 and \n ended in 1969 received the Armed Forces Expeditionary Medal; \n and\n (11) a few of the soldiers who fought and died in the \n Korean War have been--\n (A) nominated posthumously for the Congressional \n Medal of Honor; and\n (B) awarded--\n (i) the Silver Star or Bronze Star for \n valor in combat; and\n (ii) the Purple Heart for being wounded in \n combat.\n\nSEC. 3. DEFINITIONS.\n\n (a) Plaque.--The term ``plaque'' means the plaque directed to be \nplaced at the Korean War Veterans Memorial in Washington, D.C. under \nsection 4(a).\n (b) Secretary.--The term ``Secretary'' means the Secretary of the \nInterior, acting through the Director of the National Park Service.\n\nSEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE.\n\n Not later than November 11, 2009, the Secretary shall place on or \nnear the grounds of the Korean War Veterans Memorial in Washington, \nD.C., a plaque to commemorate the sacrifices of those who served, were \nwounded, or were killed from 1953 until the present in the defense of \nthe Republic of Korea, that contains the following inscription (in \nwhich the bracketed space shall include the date on which the plaque is \nplaced): ``Dedicated to the soldiers of the United States and the \nRepublic of Korea who served, were wounded, or were killed from 1953 \nuntil the present in the defense of the Republic of Korea. The efforts \nof those soldiers have enabled the Republic of Korea to develop into a \nsuccessful and modern country. Since 1953, the Armed Forces of the \nUnited States experienced more than 40,000 `Armistice violation \nincidents.' Those incidents have caused the deaths of over 100 soldiers \nof the Armed Forces of the United States and the wounding of hundreds \nmore from hostile fire in the Korean Peninsula and its surrounding \nwaters. Unknown to most citizens, the soldiers of the United States and \nthe Republic of Korea fought and won the `DMZ War' between November \n1966 and December 1969. That war caused the majority of the Armistice \ncasualties. We remember the service, sacrifice, and valor of all of \nthose soldiers on this 40th anniversary of the start of the DMZ War. \nTheir fellow soldiers and their families will never forget them. Let \nthis Plaque aid their countries to remember them as well. Placed this \nday, [__________].''.","summary":"DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D. C. a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea.","title":"A bill to recognize and honor the soldiers of the United States and Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, to require the placement of a commemorative plaque at the Korean War Veterans Memorial in Washington, D.C., and for other purposes.","text_len":5161,"sum_len":386} {"bill_id":"103_hr1743","text":"SECTION 1. ESTABLISHMENT OF THE OFFICE OF WOMEN'S EQUITY.\n\n (a) Office of Women's Equity.--The Department of Education \nOrganization Act is amended--\n (1) by redesignating section 215 as 216; and\n (2) by inserting after section 214 the following:\n\n``SEC. 215. OFFICE OF WOMEN'S EQUITY.\n\n ``(a) There shall be in the Department, an Office of Women's \nEquity, to be administered by a Director of Women's Equity, who shall \nbe appointed by the Secretary. The Director shall promote, coordinate \nand evaluate gender equity programs, disseminate information, provide \ntechnical assistance, coordinate research activities, and administer \ngrant programs. The Director shall report directly to the Secretary, \nand shall perform such additional functions as the Secretary shall \nprescribe.\n ``(b) The Director shall, not later than the final day of each \nfiscal year, submit a report to the President and the Congress setting \nforth the programs and activities assisted under the Women's \nEducational Equity Act, and provide for the distribution of such report \nto all interested groups and individuals.''.\n (b) Organizational Entity.--For purposes of section 413(a) of the \nDepartment of Education Organization Act, the Office of Women's Equity \nshall be considered to be an organizational entity established under \nsuch Act and shall not be subject to the reorganization authority of \nthe Secretary of Education under such section or any other provision of \nlaw.\n\nSEC. 2. WOMEN'S EDUCATIONAL EQUITY PROGRAM.\n\n Part A of title IV of the Elementary and Secondary Education Act of \n1965 is amended to read as follows:\n\n ``PART A--WOMEN'S EDUCATIONAL EQUITY\n\n``SEC. 4001. SHORT TITLE.\n\n ``This part may be cited as the `Women's Educational Equity Act of \n1993'.\n\n``SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE.\n\n ``(a) Findings.--The Congress finds and declares that--\n (1) educational programs in the United States are \n frequently inequitable as such programs relate to women and \n girls;\n (2) such inequities limit the full participation of all \n individuals in American society; and\n (3) efforts to improve the quality of public education also \n must include efforts to ensure equal access to quality \n education programs for all women and girls.\n ``(b) Purpose.--The purpose of this part is to provide gender \nequity in education in the United States, to provide financial \nassistance to enable educational agencies and institutions to meet the \nrequirements of title IX of the Educational Amendments of 1972, and to \nprovide equity in education to women and girls who suffer multiple \nforms of discrimination based on sex, race, ethnic origin, limited \nEnglish proficiency, disability, or age.\n\n``SEC. 4003. PROGRAMS AUTHORIZED.\n\n ``The Director of the Office of Women's Educational Equity \n(referred to in this part as the `Director' is authorized--\n ``(1) to promote, coordinate and evaluate gender equity \n policies, programs, activities and initiatives in all Federal \n education programs and offices;\n ``(2) to develop, maintain, and disseminate materials, \n resources, analyses and research relating to education equity \n for women and girls;\n ``(3) to provide information and technical assistance to \n assure the effective implementation of gender equity programs;\n ``(4) coordinate gender equity programs and activities with \n other Federal agencies that have jurisdiction over education \n and related programs;\n ``(5) to provide grants to develop model equity programs;\n ``(6) to provide funds for the implementation of equity \n programs in schools throughout the Nation; and\n ``(7) to coordinate or provide any other activities \n consistent with achieving the purposes of this part.\n\n``SEC. 4004. LOCAL IMPLEMENTATION GRANTS.\n\n ``(a) Authority.--The Secretary is authorized to make grants to, \nand enter into contracts with, public agencies, private nonprofit \nagencies, organizations, and institutions, including students and \ncommunity groups, for activities designed to achieve the purposes of \nthis part at all levels of education, including preschool, elementary \nand secondary education, higher education, adult education and \nvocational and technical education; for the establishment and \noperation, for a period not exceeding 4 years, of local programs to \nensure--\n ``(1) educational equity for women and girls;\n ``(2) equal opportunities for both sexes; and\n ``(3) to conduct activities incident to achieving \n compliance with title IX of the Education Amendments of 1972.\n ``(b) Grant Program.--Authorized activities under subsection (a) \nmay include--\n ``(1) introduction into the curriculum and classroom of \n curricula, textbooks, and other material designed to achieve \n equity for women and girls;\n ``(2) implementation of preservice and inservice training \n with special emphasis on programs and activities designed to \n provide educational equity for women and girls;\n ``(3) evaluation of promising or exemplary model programs \n to assess the ability of such programs to improve local efforts \n to advance educational equity for women and girls;\n ``(4) implementation of programs and policies to address \n sexual harassment and violence against women and girls and to \n ensure that educational institutions are free from threats to \n the safety of students and personnel;\n ``(5) implementation of guidance and counseling activities, \n including career education programs, designed to ensure \n educational equity for women and girls;\n ``(6) implementation of nondiscriminatory tests of aptitude \n and achievement and of alternative assessments that eliminate \n biased assessment instruments from use;\n ``(7) implementation of programs to increase educational \n opportunities, including higher education, vocational training, \n and other educational programs for low-income women; including \n underemployed and unemployed women and women receiving Aid to \n Families with Dependent Children benefits;\n ``(8) implementation of programs to improve representation \n of women in educational administration at all levels; and\n ``(9) planning, development and initial implementation of--\n ``(A) comprehensive plans for implementation of \n equity programs in State and local educational agencies \n and institutions of higher education, including \n community colleges;\n ``(B) innovative approaches to school-community \n partnerships for educational equity; and\n ``(C) innovative approaches to equity programs \n addressing combined bias, stereotyping, and \n discrimination on the basis of sex and race, ethnic \n origin, limited English proficiency, and disability.\n ``(c) Application; Participation.--A grant may be made, and a \ncontract may be entered into, under this part only upon application to \nthe Secretary, at such time, in such form, and containing or \naccompanied by such information as the Secretary may prescribe. Each \nsuch application shall--\n ``(1) provide that the program or activity for which \n assistance is sought will be administered by or under the \n supervision of the applicant and in cooperation with \n appropriate educational and community leaders, including \n parent, teacher and student organizations, educational \n institutions, business leaders, community-based organizations \n serving women, and other significant groups and individuals;\n ``(2) describe a program for carrying out the purposes \n described in section 4004(b) which is likely to make a \n substantial contribution in attaining such purposes;\n ``(3) describe plans for continuation and \n institutionalization of the program with local support \n following completion of the grant period and termination of \n Federal support under this part;\n ``(4) establish policies and procedures which ensure \n adequate documentation and evaluation of the activities \n intended to be carried out under the application.\n ``(d) Criteria; Priorities; Categories of Competition.--The \nSecretary shall establish criteria, priorities, and categories of \ncompetition for awards under this part to ensure that available funds \nare used to achieve the purposes of this part.\n ``(1) The criteria shall address the extent to which--\n ``(A) the program addresses the needs of women and \n girls of color and women and girls with disabilities;\n ``(B) the program meets locally defined and \n documented educational equity needs and priorities, \n including compliance with the requirements of title IX \n of the Education Amendments of 1972;\n ``(C) the program is a significant component of a \n comprehensive plan for educational equity and \n compliance with the requirements of title IX of the \n Education Amendments of 1972 in the particular local \n educational agency, institution of higher education, \n vocational-technical institution, or other educational \n agency or institution; and\n ``(D) the program implements an institutional \n strategy with long-term impact that will continue as a \n central activity of the applicant agency or institution \n after the grant is completed.\n ``(2) The Secretary shall establish not more than 4 \n priorities, 1 of which shall be a priority for compliance with \n title IX of the Educational Amendments of 1972. Not more than \n 60 percent of the funds available in each fiscal year under \n this part which implement the 4 priorities.\n ``(3) The Secretary shall establish 3 categories of \n competition, distinguishing among 3 types of applicants and \n levels of education that are--\n ``(A) grants to local educational agencies, State \n education agencies, and other agencies and \n organizations providing elementary and secondary \n education;\n ``(B) grants to institutions of higher education, \n including community colleges and other agencies and \n organizations providing postsecondary education, \n including vocational-technical education, adult \n education, and other programs; and\n ``(C) grants to nonprofit organizations, including \n community-based organizations groups representing \n students, parents, and women, including women and girls \n of color and women and girls with disabilities.\n ``(e) Requirement.--Not less than 25 percent of funds used to \nsupport activities covered by subsection (b) shall be used for awards \nunder each category of competition in each fiscal year.\n ``(f) Special Rule.--The Secretary shall ensure that the grants \nawarded each year address--\n ``(1) all levels of education, including preschool, \n elementary and secondary education, higher education, \n vocational education, and adult education;\n ``(2) all regions of the United States, including at least \n 1 grant in each of the 10 Federal regions; and\n ``(3) urban, rural, and suburban educational institutions.\n\n``SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS.\n\n ``(a) Authority.--The Secretary is authorized to make grants to, \nand enter into contracts with, public agencies, private nonprofit \nagencies, organizations, and institutions, including students, and \ncommunity groups, for activities designed to achieve the purpose of \nthis part at all levels of education, including preschool, elementary \nand secondary education, higher education, adult education, and \nvocational-technical education, to develop model policies and programs, \nand to conduct research to address and ensure educational equities for \nwomen and girls, including but not limited to--\n ``(1) the development and evaluation of gender-equitable \n curricula, textbooks, software, and other educational material \n and technology;\n ``(2) the development of model preservice and inservice \n training programs for educational personnel with special \n emphasis on programs and activities designed to provide \n educational equity;\n ``(3) the development of guidance and counseling \n activities, including career education programs, designed to \n ensure gender equity;\n ``(4) the development and evaluation of nondiscriminatory \n assessment systems;\n ``(5) the development of policies and programs to address \n and prevent sexual harassment and violence to ensure that \n educational institutions are free from threats to safety of \n students and personnel;\n ``(6) the development and improvement of programs and \n activities to increase opportunity for women, including \n continuing educational activities, vocational education, and \n programs for low-income women, including underemployed and \n unemployed women, and women receiving Aid to Families with \n Dependent Children;\n ``(7) the development of instruments and strategies for \n program evaluation and dissemination of promising or exemplary \n programs designed to improve local efforts to achieve gender \n equity;\n ``(8) the development of instruments and procedures to \n assess the presence or absence of gender equity in educational \n settings; and\n ``(9) the development and evaluation of various strategies \n to institutionalize gender equity in education.\n ``(b) Application.--A grant may be made, and a contract may be \nentered into, under this part only upon application to the Secretary, \nat such time, in such form, and containing or accompanied by such \ninformation as the Secretary may prescribe. Each such application \nshall--\n ``(1) provide that the program or activity for which \n assistance is sought will be administered by or under the \n supervision of the applicant;\n ``(2) describe a plan for carrying out 1 or more research \n and development activities authorized in subsection (a) above, \n which is likely to make substantial contribution toward \n attaining the purposes of this part; and\n ``(3) set forth policies and procedures which ensure \n adequate documentation, data collection, and evaluation of the \n activities intended to be carried out under the application, \n including an evaluation or estimate of the potential for \n continued significance following completion of the grant \n period.\n ``(c) Criteria and Priorities.--(1) The Secretary shall establish \ncriteria and priorities to ensure that available funds are used for \nprograms that most effectively will achieve the purposes of this part.\n (2) The criteria and priorities shall be promulgated in accordance \nwith section 431 of the General Education Provisions Act.\n (3) In establishing priorities the Secretary shall establish not \nmore than 4 priorities, 1 of which shall be a program which addresses \nthe educational needs of women and girls who suffer multiple or \ncompound discrimination based on sex and on race, ethnic origin, \ndisability, or age.\n ``(d) Special Rule.--The Secretary shall ensure that the total of \ngrants awarded each year address--\n ``(1) all levels of education, including preschool, \n elementary and secondary education, higher education, \n vocational education, and adult education;\n ``(2) all regions of the United States.\n ``(e) Limitation.--Nothing in this part shall be construed as \nprohibiting men and boys from participating in any programs or \nactivities assisted under this part.\n\n``SEC. 4006. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated $100,000,000 for the \nfiscal year 1994, and such sums as may be necessary for each of the \nfiscal years 1995, 1996, 1997, and 1998, to carry out the provisions of \nsection 4004 of this part; and $10,000,000 for the fiscal year 1994, \nand such sums as may be necessary for each of the fiscal years 1995, \n1996, 1997, and 1998 to carry out the provisions of section 4005 of \nthis part.''.","summary":"Amends the Department of Education Organization Act to establish an Office of Women's Equity as an organizational entity in the Department of Education. Requires the Director of such Office to report annually on the programs and activities assisted under the Women's Educational Equity Act. Women's Educational Equity Act of 1993 - Amends the Women's Educational Equity Act to reauthorize and revise grant programs to encourage gender equity throughout the educational system, including grants for model equity programs, local implementation, and research and development. Gives the Director of the Office of Women's Equity specified responsibilities under such Act. Authorizes appropriations.","title":"Women's Educational Equity Act of 1993","text_len":17193,"sum_len":693} {"bill_id":"106_hr2943","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Care Quality Incentive Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Recent research on early brain development reveals that \n much of a child's growth is determined by early learning and \n nurturing care. Research also shows that quality early care and \n education leads to increased cognitive abilities, positive \n classroom learning behavior, increased likelihood of long-term \n school success, and greater likelihood of long-term economic \n and social self-sufficiency.\n (2) Each day an estimated 13,000,000 children, including \n 6,000,000 infants and toddlers, spend some part of their day in \n child care. However, a study in 4 States found that only 1 in 7 \n child care centers provide care that promotes healthy \n development, while 1 in 8 child care centers provide care that \n threatens the safety and health of children.\n (3) Full-day child care can cost $4,000 to $10,000 per \n year.\n (4) Although Federal assistance is available for child \n care, funding is severely limited. Even with Federal subsidies, \n many families cannot afford child care. For families with young \n children and a monthly income under $1,200, the cost of child \n care typically consumes 25 percent of their income.\n (5) Payment (or reimbursement) rates, the maximum the State \n will reimburse a child care provider for the care of a child \n who receives a subsidy, are too low to ensure that quality care \n is accessible to all families.\n (6) Low payment rates directly affect the kind of care \n children get and whether families can find quality child care \n in their communities. In many instances, low payment rates \n force child care providers to cut corners in ways that lower \n the quality of care for children, including reducing number of \n staff, eliminating staff training opportunities, and cutting \n enriching educational activities and services.\n (7) Children in low quality child care are more likely to \n have delayed reading and language skills, and display more \n aggression toward other children and adults.\n (8) Increased payment rates lead to higher quality child \n care as child care providers are able to attract and retain \n qualified staff, provide salary increases and professional \n training, maintain a safe and healthy environment, and purchase \n basic supplies and developmentally appropriate educational \n materials.\n (b) Purpose.--The purpose of this Act is to improve the quality of, \nand access to, child care by increasing child care payment rates.\n\nSEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.\n\n (a) Funding.--Section 658B of the Child Care and Development Block \nGrant Act of 1990 (42 U.S.C. 9858) is amended--\n (1) by striking ``There'' and inserting the following:\n ``(a) Authorization of Appropriations.--There''; and\n (2) by adding at the end the following:\n ``(b) Appropriation of Funds for Grants To Improve the Quality of \nChild Care.--Out of any funds in the Treasury that are not otherwise \nappropriated, there are authorized to be appropriated and there are \nappropriated, for each of fiscal years 2000 through 2004, $300,000,000 \nfor the purpose of making grants under section 658H.''.\n (b) Grants To Improve the Quality of Child Care.--The Child Care \nand Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is \namended by inserting after section 658G the following:\n\n``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.\n\n ``(a) Authority.--\n ``(1) In general.--The Secretary shall use the amount \n appropriated under section 658B(b) for a fiscal year to make \n grants to eligible States in accordance with this section.\n ``(2) Annual payments.--The Secretary shall make annual \n payments to each eligible State out of the allotment for that \n State determined under subsection (c).\n ``(b) Eligible States.--\n ``(1) In general.--In this section, the term `eligible \n States' means a State that--\n ``(A) has conducted a survey of the market rates \n for child care services in the State within the 2 years \n preceding the date of the submission of an application \n under paragraph (2); and\n ``(B) submits an application in accordance with \n paragraph (2).\n ``(2) Application.--\n ``(A) In general.--To be eligible to receive a \n grant under this section, a State shall submit an \n application to the Secretary at such time, in such \n manner, and accompanied by such information, in \n addition to the information required under subparagraph \n (B), as the Secretary may require.\n ``(B) Information required.--Each application \n submitted for a grant under this section shall--\n ``(i) detail the methodology and results of \n the State market rates survey conducted \n pursuant to paragraph (1)(A);\n ``(ii) describe the State's plan to \n increase payment rates from the initial \n baseline determined under clause (i); and\n ``(iii) describe how the State will \n increase payment rates in accordance with the \n market survey findings.\n ``(3) Continuing eligibility requirement.--The Secretary \n may make an annual payment under this section to an eligible \n State only if--\n ``(A) the Secretary determines that the State has \n made progress, through the activities assisted under \n this subchapter, in maintaining increased payment \n rates; and\n ``(B) at least once every 2 years, the State \n conducts an update of the survey described in paragraph \n (1)(A).\n ``(4) Requirement of matching funds.--\n ``(A) In general.--To be eligible to receive a \n grant under this section, the State shall agree to make \n available State contributions from State sources toward \n the costs of the activities to be carried out by a \n State pursuant to subsection (d) in an amount that is \n not less than 25 percent of such costs.\n ``(B) Determination of state contributions.--State \n contributions shall be in cash. Amounts provided by the \n Federal Government may not be included in determining \n the amount of such State contributions.\n ``(c) Allotments to Eligible States.--The amount appropriated under \nsection 658B(b) for a fiscal year shall be allotted among the eligible \nStates in the same manner as amounts are allotted under section \n658O(b).\n ``(d) Use of Funds.--\n ``(1) Priority use.--An eligible State that receives a \n grant under this section shall use the funds received to \n significantly increase the payment rate for the provision of \n child care assistance in accordance with this subchapter up to \n the 100th percentile of the market rate survey described in \n subsection (b)(1)(A).\n ``(2) Additional uses.--An eligible State that demonstrates \n to the Secretary that the State has achieved a payment rate of \n the 100th percentile of the market rate survey described in \n subsection (b)(1)(A) may use funds received under a grant made \n under this section for any other activity that the State \n demonstrates to the Secretary will enhance the quality of child \n care services provided in the State.\n ``(3) Payment rate.--In this section, the term `payment \n rate' means the rate of reimbursement to providers for \n subsidized child care.\n ``(4) Supplement not supplant.--Amounts paid to a State \n under this section shall be used to supplement and not supplant \n other Federal, State, or local funds provided to the State \n under this subchapter or any other provision of law.\n ``(e) Evaluations and Reports.--\n ``(1) State evaluations.--Each eligible State shall submit \n to the Secretary, at such time and in such form and manner as \n the Secretary may require, information regarding the State's \n efforts to increase payment rates and the impact increased \n rates are having on the quality of, and accessibility to, child \n care in the State.\n ``(2) Reports to congress.--The Secretary shall submit \n biennial reports to Congress on the information described in \n paragraph (1). Such reports shall include data from the \n applications submitted under subsection (b)(2) as a baseline \n for determining the progress of each eligible State in \n maintaining increased payment rates.''.","summary":"Child Care Quality Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to improve the quality of, and access to, child care by increasing child care payment rates. Authorizes appropriations. Directs the Secretary of Health and Human Services to make such grants to eligible States from specified allotments. Conditions a State's initial eligibility on its having surveyed the market rates for child care services in the State within the two years preceding submission of its application. Authorizes the Secretary to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates. And (2) the State updates such survey at least once every two years. Requires the State, to be eligible to receive such a grant, to agree to make available State contributions in cash from State sources toward at least 25 percent of the costs of priority required activities and additional authorized activities. Requires an eligible State that receives such a grant to make priority use of such funds to increase significantly the rate of reimbursement to providers for subsidized child care. Allows an eligible State, if it demonstrates to the Secretary that it has achieved such a payment rate for provision of child care assistance of the 100th percentile of the market rate survey, to use grant funds for any additional activity it demonstrates will enhance the quality of child care services. Requires evaluation reports by States to the Secretary, as well as biennial reports by the Secretary to the Congress.","title":"Child Care Quality Incentive Act of 1999","text_len":9524,"sum_len":1698} {"bill_id":"110_hr3638","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Border Security \nand Elimination of Sanctuary for Illegal Aliens Act of 2007''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The illegal entry into the United States of dangerous \n gang members, such as MS-13, is a direct threat to the security \n of the United States.\n (2) The continuing rise of illegal immigration increases \n the chances that a terrorist will gain entry into the United \n States undetected.\n (3) The rising cost to United States taxpayers to support \n housing, health care, education expenses, and criminal justice \n for illegal aliens has reached between $11,000,000,000 and \n $22,000,000,000 per year.\n (4) Any attempt to deal with illegal aliens currently \n living in the United States must start with the United States \n securing its borders.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that the worsening crisis of illegal \nimmigration must be solved.\n\nSEC. 4. BORDER SECURITY.\n\n (a) Full-Time Active-Duty Border Patrol Agents.--In order to \nfulfill the requirement under section 5202 of the Intelligence Reform \nand Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. \n3734) (relating to an increase in the number of positions for full-time \nactive-duty border patrol agents within the Department of Homeland \nSecurity), and subject to the availability of appropriations for such \npurpose, the Secretary of Homeland Security shall--\n (1) increase incentives to recruit individuals to become \n such agents by offering such individuals repayment of higher \n education loans, not to exceed $6,000 per year and a maximum of \n $40,000; and\n (2) develop incentives to retain experienced border patrol \n agents through the establishment of a retention program.\n (b) Deployment of Technology.--In accordance with section 2(a)(1) \nof the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 \nnote), the Secretary of Homeland Security is authorized to deploy \nnewly-developed and cutting-edge technologies to secure the \ninternational land and maritime borders of the United States.\n (c) Construction of Border Fence.--The Secretary of Homeland \nSecurity shall--\n (1) make a priority the construction of the border fencing \n required under section 102 of the Illegal Immigration Reform \n and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note); \n and\n (2) not later than June 30, 2008, submit to Congress a \n report on the progress and expected completion date of such \n construction.\n\nSEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.\n\n If an alien who is unlawfully present in the United States is \narrested for any offense by a State or local law enforcement agency, \nthe head of such agency shall immediately notify United States \nImmigration and Customs Enforcement (ICE) of such arrest and the \nidentity of such alien.\n\nSEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.\n\n (a) Action by ICE; Expedited Removal.--Upon notification under \nsection 5, the alien arrested under such section shall be immediately \ndetained by United States Immigration and Customs Enforcement and \npresented before an immigration judge (as defined in section 101(b)(4) \nof the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))), the name \nand fingerprints of such alien shall be added to an appropriate watch \nlist maintained by the Department of Homeland Security concerning \naliens who have been unlawfully present in the United States, and such \nimmigration judge shall order such alien immediately removed from the \nUnited States without being released from detention and without further \nhearing or review in the same manner as an alien described in \nsubparagraph (A)(i) of section 235(b)(1) of such Act (8 U.S.C. \n1225(b)(1)) is subject to immediate removal from the United States \nunder the provisions of such section.\n (b) Permanent Ineligibility for Admission to United States.--\nSection 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 \nU.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate \nperiod of more than 1 year'' and inserting ``for any period of time''.\n (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien \nwho is removed from the United States under subsection (a) and who is \nsubsequently determined to be unlawfully present in the United States \nshall be imprisoned for not more than five years and fined in \naccordance with title 18, United States Code, and shall be removed from \nthe United States in accordance with the expedited removal proceedings \ndescribed in such subsection after the completion of such alien's term \nof imprisonment.","summary":"Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007 - Expresses the sense of Congress that the worsening crisis of illegal immigration must be solved. Directs the Secretary of Homeland Security to: (1) increase incentives to recruit Border Patrol agents through repayment of higher education loans, (2) establish a retention program. And (3) make construction of border fencing a priority. Authorizes the Secretary to deploy newly-developed technology along the land and maritime borders. Requires that a state or local law enforcement agency that arrests an alien unlawfully in the United States for any reason shall notify United States Immigration and Customs Enforcement respecting such arrest and provide the identity of the arrested person. Provides for: (1) such person's expedited removal from the United States, and (2) criminal penalties and expedited removal for a subsequent unlawful presence. Makes inadmissible to the United States an alien who has been unlawfully present in the United States and who attempts to illegally enter or reenter the United States.","title":"To end the cycle of illegal immigration in the United States.","text_len":5012,"sum_len":1097} {"bill_id":"111_s3381","text":"SECTION 1. DEFINITION OF RENEWABLE BIOMASS.\n\n (a) Clean Air Act Definitions.--\n (1) RFS definition.--Section 211(o)(1) of the Clean Air Act \n (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) \n and inserting the following:\n ``(I) Renewable biomass.--The term `renewable \n biomass' means--\n ``(i) materials, pre-commercial thinnings, \n or invasive species from National Forest System \n land and public lands (as defined in section \n 103 of the Federal Land Policy and Management \n Act of 1976 (43 U.S.C. 1702)) that--\n ``(I) are byproducts of preventive \n treatments that are removed--\n ``(aa) to reduce hazardous \n fuels;\n ``(bb) to reduce or contain \n disease or insect infestation; \n or\n ``(cc) to restore ecosystem \n health;\n ``(II) would not otherwise be used \n for higher-value products; and\n ``(III) are harvested in accordance \n with--\n ``(aa) applicable law and \n land management plans; and\n ``(bb) the requirements \n for--\n\n ``(AA) old-growth \n maintenance, \n restoration, and \n management direction of \n paragraphs (2), (3), \n and (4) of subsection \n (e) of section 102 of \n the Healthy Forests \n Restoration Act of 2003 \n (16 U.S.C. 6512); and\n\n ``(BB) large-tree \n retention of subsection \n (f) of that section; or\n\n ``(ii) any organic matter that is available \n on a renewable or recurring basis from non-\n Federal land or land belonging to an Indian or \n Indian tribe that is held in trust by the \n United States or subject to a restriction \n against alienation imposed by the United \n States, including--\n ``(I) renewable plant material, \n including--\n ``(aa) feed grains;\n ``(bb) other agricultural \n commodities;\n ``(cc) other plants and \n trees; and\n ``(dd) algae; and\n ``(II) waste material, including--\n ``(aa) crop residue;\n ``(bb) other vegetative \n waste material (including wood \n waste and wood residues);\n ``(cc) animal waste and \n byproducts (including fats, \n oils, greases, and manure); and\n ``(dd) food waste and yard \n waste.''.\n (2) Conversion assistance definition.--Section 211(s)(4) of \n the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking \n subparagraph (B) and inserting the following:\n ``(B) Renewable biomass.--The term `renewable \n biomass' has the meaning given the term in subsection \n (o)(1).''.\n (b) Applicability Under Other Law.--The definition of the term \n``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 \nU.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any \nFederal law enacted after the date of enactment of this Act--\n (1) to establish a renewable electricity standard; or\n (2) to regulate the emission of greenhouse gases.","summary":"Amends the Clean Air Act to redefine renewable biomass as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention. Or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard, or (2) regulate the emission of greenhouse gases.","title":"A bill to amend the Clean Air Act to modify certain definitions of the term \"renewable biomass\", and for other purposes.","text_len":5070,"sum_len":1042} {"bill_id":"105_s836","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Lawsuit Abuse \nProtection Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the United States civil justice system is inefficient, \n unpredictable, unfair, costly, and impedes competitiveness in \n the marketplace for goods, services, business, and employees;\n (2) the defects in the civil justice system have a direct \n and undesirable effect on interstate commerce by decreasing the \n availability of goods and services in commerce;\n (3) there is a need to restore rationality, certainty, and \n fairness to the legal system;\n (4) the spiralling costs of litigation and the magnitude \n and unpredictability of punitive damage awards and noneconomic \n damage awards have continued unabated for at least the past 30 \n years;\n (5) the Supreme Court of the United States has recognized \n that a punitive damage award can be unconstitutional if the \n award is grossly excessive in relation to the legitimate \n interest of the government in the punishment and deterrence of \n unlawful conduct;\n (6) just as punitive damage awards can be grossly \n excessive, so can it be grossly excessive in some circumstances \n for a party to be held responsible under the doctrine of joint \n and several liability for damages that party did not cause;\n (7) as a result of joint and several liability, entities \n including small businesses are often brought into litigation \n despite the fact that their conduct may have little or nothing \n to do with the accident or transaction giving rise to the \n lawsuit, and may therefore face increased and unjust costs due \n to the possibility or result of unfair and disproportionate \n damage awards;\n (8) the costs imposed by the civil justice system on small \n businesses are particularly acute, since small businesses often \n lack the resources to bear those costs and to challenge \n unwarranted lawsuits;\n (9) due to high liability costs and unwarranted litigation \n costs, small businesses face higher costs in purchasing \n insurance through interstate insurance markets to cover their \n activities;\n (10) liability reform for small businesses will promote the \n free flow of goods and services, lessen burdens on interstate \n commerce, and decrease litigiousness; and\n (11) legislation to address these concerns is an \n appropriate exercise of Congress' powers under Article I, \n section 8, clauses 3, 9, and 18 of the Constitution, and the \n fourteenth amendment to the Constitution.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Act of international terrorism.--The term ``act of \n international terrorism'' has the same meaning as in section \n 2331 of title 18, United States Code).\n (2) Crime of violence.--The term ``crime of violence'' has \n the same meaning as in section 16 of title 18, United States \n Code.\n (3) Drug.--The term ``drug'' means any controlled substance \n (as that term is defined in section 102 of the Controlled \n Substances Act (21 U.S.C. 802(b)) that was not legally \n prescribed for use by the defendant or that was taken by the \n defendant other than in accordance with the terms of a lawfully \n issued prescription.\n (4) Economic loss.--The term ``economic loss'' means any \n pecuniary loss resulting from harm (including the loss of \n earnings or other benefits related to employment, medical \n expense loss, replacement services loss, loss due to death, \n burial costs, and loss of business or employment opportunities) \n to the extent recovery for such loss is allowed under \n applicable State law.\n (5) Harm.--The term ``harm'' includes physical, \n nonphysical, economic, and noneconomic losses.\n (6) Hate crime.--The term ``hate crime'' means a crime \n described in section 1(b) of the Hate Crime Statistics Act (28 \n U.S.C. 534 note)).\n (7) Noneconomic losses.--The term ``noneconomic losses'' \n means losses for physical and emotional pain, suffering, \n inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of society and \n companionship, loss of consortium (other than loss of domestic \n service), injury to reputation, and all other nonpecuniary \n losses of any kind or nature.\n (8) Small business.--\n (A) In general.--The term ``small business'' means \n any unincorporated business, or any partnership, \n corporation, association, unit of local government, or \n organization that has less than 25 full-time employees.\n (B) Calculation of number of employees.--For \n purposes of subparagraph (A), the number of employees \n of a subsidiary of a wholly-owned corporation includes \n the employees of--\n (i) a parent corporation; and\n (ii) any other subsidiary corporation of \n that parent corporation.\n (10) State.--The term ``State'' means each of the several \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, the Virgin Islands, Guam, American Samoa, the Northern \n Mariana Islands, any other territory or possession of the \n United States, or any political subdivision of any such State, \n territory, or possession.\n\nSEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES.\n\n (a) General Rule.--Except as provided in section 6, in any civil \naction against a small business, punitive damages may, to the extent \npermitted by applicable State law, be awarded against the small \nbusiness only if the claimant establishes by clear and convincing \nevidence that conduct carried out by that defendant through willful \nmisconduct or with a conscious, flagrant indifference to the rights or \nsafety of others was the proximate cause of the harm that is the \nsubject of the action.\n (b) Limitation on Amount.--In any civil action against a small \nbusiness, punitive damages shall not exceed the lesser of--\n (1) two times the total amount awarded to the claimant for \n economic and noneconomic losses; or\n (2) $250,000.\n (c) Application by Court.--This section shall be applied by the \ncourt and shall not be disclosed to the jury.\n\nSEC. 5. LIMITATION ON SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL \n BUSINESSES.\n\n (a) General Rule.--Except as provided in section 6, in any civil \naction against a small business, the liability of each defendant that \nis a small business, or the agent of a small business, for noneconomic \nloss shall be determined in accordance with subsection (b).\n (b) Amount of Liability.--\n (1) In general.--In any civil action described in \n subsection (a)--\n (A) each defendant described in that subsection \n shall be liable only for the amount of noneconomic loss \n allocated to that defendant in direct proportion to the \n percentage of responsibility of that defendant \n (determined in accordance with paragraph (2)) for the \n harm to the claimant with respect to which the \n defendant is liable; and\n (B) the court shall render a separate judgment \n against each defendant described in that subsection in \n an amount determined pursuant to subparagraph (A).\n (2) Percentage of responsibility.--For purposes of \n determining the amount of noneconomic loss allocated to a \n defendant under this section, the trier of fact shall determine \n the percentage of responsibility of each person responsible for \n the harm to the claimant, regardless of whether or not the \n person is a party to the action.\n\nSEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY.\n\n The limitations on liability under sections 4 and 5 do not apply to \nany misconduct of a defendant--\n (1) that constitutes--\n (A) a crime of violence;\n (B) an act of international terrorism; or\n (C) a hate crime;\n (2) that involves--\n (A) a sexual offense, as defined by applicable \n State law; or\n (B) a violation of a Federal or State civil rights \n law; or\n (3) if the defendant was under the influence (as determined \n pursuant to applicable State law) of intoxicating alcohol or a \n drug at the time of the misconduct, and the fact that the \n defendant was under the influence was the cause of any harm \n alleged by the plaintiff in the subject action.\n\nSEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.\n\n (a) Preemption.--Subject to subsection (b), this Act preempts the \nlaws of any State to the extent that State laws are inconsistent with \nthis Act, except that this Act shall not preempt any State law that \nprovides additional protections from liability for small businesses.\n (b) Election of State Regarding Nonapplicability.--This Act does \nnot apply to any action in a State court against a small business in \nwhich all parties are citizens of the State, if the State enacts a \nstatute--\n (1) citing the authority of this subsection;\n (2) declaring the election of such State that this Act does \n not apply as of a date certain to such actions in the State; \n and\n (3) containing no other provision.\n\nSEC. 8. EFFECTIVE DATE.\n\n (a) In General.--This Act shall take effect 90 days after the date \nof enactment of this Act.\n (b) Application.--This Act applies to any claim for harm caused by \nan act or omission of a small business, if the claim is filed on or \nafter the effective date of this Act, without regard to whether the \nharm that is the subject of the claim or the conduct that caused the \nharm occurred before such effective date.","summary":"Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business , punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or 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. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses. Or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime. (2) that involves a sexual offense or a violation of a Federal or State civil rights law. Or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.","title":"Small Business Lawsuit Abuse Protection Act of 1997","text_len":10545,"sum_len":1406} {"bill_id":"104_hr4100","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare and Medicaid Hospital Self-\nReferral Amendments of 1996''.\n\nSEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE \n PLANNING PROCESS.\n\n (a) Medicare Requirement.--Section 1861(ee)(2) of the Social \nSecurity Act (42 U.S.C. 1395x(ee)(2)) is amended--\n (1) in subparagraph (D), by inserting before the period the \n following: ``, including the availability of those services \n through individuals and entities that participate in the \n program under this title and that serve the area in which the \n patient resides and that request to be listed by the hospital \n as available''; and\n (2) by adding at the end the following:\n ``(H) Consistent with section 1802, the discharge plan \n shall--\n ``(i) not specify or otherwise limit the qualified \n provider which may provide post-hospital care, and\n ``(ii) identify (in a form and manner specified by \n the Secretary) any provider (to whom the individual is \n referred) in which the hospital has a disclosable \n financial interest (as specified by the Secretary \n consistent with section 1866(a)(1)(R)) or which has \n such an interest in the hospital.''.\n (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act \n(42 U.S.C. 1396b(i)) is amended--\n (1) by striking ``or'' at the end of paragraph (14),\n (2) by striking the period at the end of paragraph (15) and \n inserting ``; or'', and\n (3) by inserting after paragraph (15) the following new \n paragraph:\n ``(16) with respect to any amount expended for inpatient \n hospital services of a hospital unless the hospital has in \n place a discharge planning process that meets the requirements \n of section 1861(ee) with respect to individuals entitled to \n medical assistance under this title in the same manner as such \n requirements otherwise apply to individuals entitled to \n benefits under title XVIII.''.\n (c) Effective Dates.--The amendments made by subsection (a) shall \napply to discharges occurring on or after 90 days after the date of the \nenactment of this Act. The amendments made by subsection (b) shall \napply to expenditures for inpatient hospital services with respect to \ndischarges occurring on or after 90 days after the date of the \nenactment of this Act.\n\nSEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL \n SERVICE PROVIDERS.\n\n (a) Medicare Requirement.--Section 1866(a)(1) of the Social \nSecurity Act (42 U.S.C. 1395cc(a)(1)) is amended--\n (1) by striking ``and'' at the end of subparagraph (P),\n (2) by striking the period at the end of subparagraph (Q), \n and\n (3) by adding at the end the following:\n ``(R) in the case of a hospital that has a financial \n interest (as specified by the Secretary in regulations) in a \n provider of post-hospital services (including an entity that \n furnishes durable medical equipment), or in which such a \n provider has such a financial interest, or in which another \n entity has such a financial interest (directly or indirectly) \n with such hospital and such a provider, to maintain and \n disclose to the Secretary (in a form and manner specified by \n the Secretary) information on--\n ``(i) the nature of such financial interest,\n ``(ii) the number of individuals who were discharged from \n the hospital and who were identified as requiring the type of \n post-hospital services provided by such provider, and\n ``(iii) the percentage of such individuals who received \n such services from such provider (or another such provider).''.\n (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such \nAct (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--\n (1) by striking ``(A)'' after ``unless'', and\n (2) by inserting before the period at the end the \n following: ``, and (B) the hospital is complying with the \n requirements of section 1866(a)(1)(R)''.\n (c) Disclosure of Information to the Public.--Title XI of such Act \nis amended by inserting after section 1145 the following new section:\n\n ``public disclosure of certain information on hospital financial \n interest and referral patterns\n\n ``Sec. 1146. The Secretary shall make available to the public, in a \nform and manner specified by the Secretary, information disclosed to \nthe Secretary pursuant to section 1866(a)(1)(R) or section \n1903(i)(16).''.\n (d) Effective Date.--The Secretary of Health and Human Services \nshall issue regulations by not later than 1 year after the date of the \nenactment of this Act to carry out the amendments made by this section \nand such amendments shall take effect as of such date (on or after the \nissuance of such regulations) as the Secretary specifies in such \nregulations.","summary":"Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process. And (2) maintain and disclose information on certain referrals. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.","title":"Medicare and Medicaid Hospital Self-Referral Amendments of 1996","text_len":5229,"sum_len":552} {"bill_id":"105_hr588","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Discovery Trails Act of \n1997''.\n\nSEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.\n\n (a) National Discovery Trails Established.--\n (1) In general.--Section 3(a) of the National Trails System \n Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph \n (4) the following:\n ``(5) National discovery trails, established as provided in \n section 5, which will be extended, continuous, interstate \n trails so located as to provide for outstanding outdoor \n recreation and travel and to connect representative examples of \n America's trails and communities. National discovery trails \n should provide for the conservation and enjoyment of \n significant natural, cultural, and historic resources \n associated with each trail and should be so located as to \n represent metropolitan, urban, rural, and backcountry regions \n of the Nation.''.\n (2) Feasibility requirements; cooperative management \n requirement.--Section 5 of such Act (16 U.S.C. 1244) is amended \n by adding at the end the following new subsection:\n ``(g)(1) For purposes of subsection (b), a trail shall not be \nconsidered feasible and desirable for designation as a national \ndiscovery trail unless it meets all of the following criteria:\n ``(A) The trail must link to one or more areas within the \n boundaries of a metropolitan area (as those boundaries are \n determined under section 134(c) of title 23, United States \n Code). It should also join with other trails, tying the \n National Trails System to significant recreation and resources \n areas.\n ``(B) It must be supported by a competent trailwide \n nonprofit organization. Each trail should have extensive local \n and trailwide support by the public, by user groups, and by \n affected State and local governments.\n ``(C) It must be extended and pass through more than one \n State. At a minimum, it should be a continuous, walkable route.\n ``(2) The appropriate Secretary for each national discovery trail \nshall administer the trail in cooperation with a competent trailwide \nnonprofit organization.''.\n (b) Designation of the American Discovery Trail as a National \nDiscovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is \namended--\n (1) by redesignating the paragraph relating to the \n California National Historic Trail as paragraph (18);\n (2) by redesignating the paragraph relating to the Pony \n Express National Historic Trail as paragraph (19); and\n (3) by adding at the end the following:\n ``(20) The American Discovery Trail, a trail of \n approximately 6,000 miles extending from Cape Henlopen State \n Park in Delaware to Point Reyes National Seashore in \n California, extending westward through Delaware, Maryland, the \n District of Columbia, West Virginia, Ohio, and Kentucky, where \n near Cincinnati it splits into two routes. The Northern Midwest \n route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and \n Colorado, and the Southern Midwest route traverses Indiana, \n Illinois, Missouri, Kansas, and Colorado. After the two routes \n rejoin in Denver, Colorado, the route continues through \n Colorado, Utah, Nevada, and California. The trail is generally \n described in Volume 2 of the National Park Service feasibility \n study dated June 1995 which shall be on file and available for \n public inspection in the office of the Director of the National \n Park Service, Department of the Interior, the District of \n Columbia. The American Discovery Trail shall be administered by \n the Secretary of the Interior in cooperation with a competent \n trailwide nonprofit organization and other affected land \n managing agencies. No lands or interests outside the exterior \n boundaries of federally administered areas may be acquired by \n the Federal Government solely for the American Discovery Trail. \n This trail is specifically exempted from the provisions of \n sections 7(e), 7(f), and 7(g).''.\n (c) Comprehensive National Discovery Trail Plan.--Section 5 of such \nAct (16 U.S.C. 1244) is further amended by adding at the end the \nfollowing new subsection:\n ``(h) Within three complete fiscal years after the date of \nenactment of any law designating a national discovery trail, the \nadministering Federal agency shall enter into arrangements with a \ncompetent trailwide nonprofit organization to submit a comprehensive \nplan for the protection, management, development, and use of the trail, \nto the Committee on Resources of the United States House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe United States Senate. The Secretary shall ensure that the \ncomprehensive plan does not conflict with any existing agency direction \nand that the nonprofit organization consults with affected land \nmanaging agencies, the Governors of the affected States, county and \nlocal political jurisdictions, and local organizations maintaining \ncomponents of the trail. Mandatory components of the comprehensive plan \ninclude--\n ``(1) specific objectives and practices to be observed in \n the administration and management of the trail, including the \n identification of all significant natural, historical, and \n cultural resources to be preserved, model agreements necessary \n for joint trail administration among and between interested \n parties, and an identified carrying capacity of the trail and a \n plan for its implementation;\n ``(2) a trail protection plan to preserve the values for \n which the trail is being established and recognized by the \n Federal Government;\n ``(3) general and site-specific development plans including \n anticipated costs; and\n ``(4) the process to be followed by the nonprofit \n organization, in cooperation with the appropriate Secretary, to \n implement the trail marking authorities in section 7(c) \n conforming to approved trail logo or emblem requirements.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n The National Trails System Act is amended--\n (1) in section 2(b) (16 U.S.C. 1241(b)), by striking \n ``scenic and historic'' and inserting ``scenic, historic, and \n discovery'';\n (2) in the section heading to section 5 (16 U.S.C. 1244), \n by striking ``and national historic'' and inserting ``, \n national historic, and national discovery'';\n (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter \n preceding paragraph (1)--\n (A) by striking ``and national historic'' and \n inserting ``, national historic, and national \n discovery''; and\n (B) by striking ``and National Historic'' and \n inserting ``, National Historic, and National \n Discovery'';\n (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter \n preceding paragraph (1), by striking ``or national historic'' \n and inserting ``, national historic, or national discovery'';\n (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking \n ``or national historic'' and inserting ``, national historic, \n or national discovery'';\n (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking \n ``and national historic'' and inserting ``, national historic, \n and national discovery'';\n (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or \n national historic'' each place such term appears and inserting \n ``, national historic, or national discovery'';\n (8) in section 7(c) (16 U.S.C. 1246(c))--\n (A) by striking ``scenic or national historic'' \n each place it appears and inserting ``scenic, national \n historic, or national discovery'';\n (B) in the second proviso, by striking ``scenic, or \n national historic'' and inserting ``scenic, national \n historic, or national discovery''; and\n (C) by striking ``, and national historic'' and \n inserting ``, national historic, and national \n discovery'';\n (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or \n national historic'' and inserting ``national historic, or \n national discovery'';\n (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or \n national historic'' each place such term appears and inserting \n ``, national historic, or national discovery'';\n (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking \n ``National Scenic or Historic'' and inserting ``national \n scenic, historic, or discovery trail'';\n (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking \n ``or national historic'' and inserting ``national historic, or \n national discovery''; and\n (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or \n national historic'' and inserting ``national historic, or \n national discovery''.","summary":"National Discovery Trails Act of 1997 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas. (2) is supported by a competent trailwide nonprofit organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments. And (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Requires the administering Federal agency, within three complete fiscal years after designation of a national discovery trail, to enter into arrangements with a competent trailwide nonprofit organization to submit to specified congressional committees a comprehensive plan for the protection, management, development, and use of the trail.","title":"National Discovery Trails Act of 1997","text_len":9533,"sum_len":1739} {"bill_id":"110_s2761","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Recapture Excess Profits and Invest \nin Roads (REPAIR) Act of 2008''.\n\nSEC. 2. TEMPORARY WINDFALL PROFITS TAX.\n\n (a) In General.--Subtitle E of the Internal Revenue Code of 1986 \n(relating to alcohol, tobacco, and certain other excise taxes) is \namended by adding at the end thereof the following new chapter:\n\n ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL\n\n``Sec. 5896. Imposition of tax.\n``Sec. 5897. Windfall profit; etc.\n``Sec. 5898. Special rules and definitions.\n\n``SEC. 5896. IMPOSITION OF TAX.\n\n ``(a) In General.--In addition to any other tax imposed under this \ntitle, there is hereby imposed on any applicable taxpayer an excise tax \nin an amount equal to 25 percent of the windfall profit of such \ntaxpayer for any taxable year beginning during 2008 or 2009.\n ``(b) Applicable Taxpayer.--For purposes of this chapter, the term \n`applicable taxpayer' means, with respect to operations in the United \nStates--\n ``(1) any integrated oil company (as defined in section \n 291(b)(4)), and\n ``(2) any other producer or refiner of crude oil with gross \n receipts from the sale of such crude oil or refined oil \n products for the taxable year exceeding $1,000,000,000.\n\n``SEC. 5897. WINDFALL PROFIT; ETC.\n\n ``(a) General Rule.--For purposes of this chapter, the term \n`windfall profit' means the excess of the adjusted taxable income of \nthe applicable taxpayer for the taxable year over the reasonably \ninflated average profit for such taxable year.\n ``(b) Adjusted Taxable Income.--For purposes of this chapter, with \nrespect to any applicable taxpayer, the adjusted taxable income for any \ntaxable year is equal to the taxable income for such taxable year \n(within the meaning of section 63 and determined without regard to this \nsubsection)--\n ``(1) increased by any interest expense deduction, \n charitable contribution deduction, and any net operating loss \n deduction carried forward from any prior taxable year, and\n ``(2) reduced by any interest income, dividend income, and \n net operating losses to the extent such losses exceed taxable \n income for the taxable year.\nIn the case of any applicable taxpayer which is a foreign corporation, \nthe adjusted taxable income shall be determined with respect to such \nincome which is effectively connected with the conduct of a trade or \nbusiness in the United States.\n ``(c) Reasonably Inflated Average Profit.--For purposes of this \nchapter, with respect to any applicable taxpayer, the reasonably \ninflated average profit for any taxable year is an amount equal to the \naverage of the adjusted taxable income of such taxpayer for taxable \nyears beginning during the 2003-2007 taxable year period (determined \nwithout regard to the taxable year with the highest adjusted taxable \nincome in such period) plus 10 percent of such average.\n\n``SEC. 5898. SPECIAL RULES AND DEFINITIONS.\n\n ``(a) Withholding and Deposit of Tax.--The Secretary shall provide \nsuch rules as are necessary for the withholding and deposit of the tax \nimposed under section 5896.\n ``(b) Records and Information.--Each taxpayer liable for tax under \nsection 5896 shall keep such records, make such returns, and furnish \nsuch information as the Secretary may by regulations prescribe.\n ``(c) Return of Windfall Profit Tax.--The Secretary shall provide \nfor the filing and the time of such filing of the return of the tax \nimposed under section 5896.\n ``(d) Crude Oil.--The term `crude oil' includes crude oil \ncondensates and natural gasoline.\n ``(e) Businesses Under Common Control.--For purposes of this \nchapter, all members of the same controlled group of corporations \n(within the meaning of section 267(f)) and all persons under common \ncontrol (within the meaning of section 52(b) but determined by treating \nan interest of more than 50 percent as a controlling interest) shall be \ntreated as 1 person.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nchapter.''.\n (b) Clerical Amendment.--The table of chapters for subtitle E of \nthe Internal Revenue Code of 1986 is amended by adding at the end the \nfollowing new item:\n\n ``Chapter 56. Temporary Windfall Profit on Crude Oil.''.\n\n (c) Deductibility of Windfall Profit Tax.--The first sentence of \nsection 164(a) of the Internal Revenue Code of 1986 (relating to \ndeduction for taxes) is amended by inserting after paragraph (5) the \nfollowing new paragraph:\n ``(6) The windfall profit tax imposed by section 5896.''.\n (d) Transfer of Proceeds to Highway Trust Fund.--Section 9503(b)(1) \nof the Internal Revenue Code of 1986 (relating to certain taxes) is \namended by striking ``and'' at the end of subparagraph (D), by striking \nthe period at the end of subparagraph (E) and inserting ``, and'', and \nby adding at the end the following new subparagraph:\n ``(F) section 5896 (relating to windfall profit tax \n on crude oil).''.\n (e) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning in 2008 and 2009.\n (2) Subsection (d).--The amendments made by subsection (d) \n shall take effect on the date of the enactment of this Act.","summary":"Recapture Excess Profits and Invest in Road (REPAIR) Act of 2008 - Amends the Internal Revenue Code to impose in 2008 or 2009 an excise tax of 25 on the windfall profits of integrated oil companies and other producers and refiners of crude oil with gross receipts over $1 billion. Allows a tax deduction for the payment of the windfall profit tax imposed by this Act. Requires the transfer of windfall profit tax revenues to the Highway Trust Fund.","title":"A bill to amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and transfer the proceeds of the tax to the Highway Trust Fund, and for other purposes.","text_len":5513,"sum_len":448} {"bill_id":"112_s170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping Responsible Homeowners \nAct''.\n\nSEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY \n FANNIE MAE AND FREDDIE MAC.\n\n (a) Definitions.--As used in this Act, the following definitions \nshall apply:\n (1) Director.--The term ``Director'' means the Director of \n the Federal Housing Finance Agency.\n (2) Enterprise.--The term ``enterprise'' means the Federal \n National Mortgage Association and the Federal Home Loan \n Mortgage Corporation.\n (3) Qualified mortgage.--The term ``qualified mortgage'' \n means a mortgage that--\n (A) is an existing first mortgage that was made for \n purchase of, or refinancing another first mortgage on, \n a one- to four-family dwelling, including a condominium \n or a share in a cooperative ownership housing \n association, that is occupied by the mortgagor as the \n principal residence of the mortgagor;\n (B) is owned or guaranteed by the Federal National \n Mortgage Association or the Federal Home Loan Mortgage \n Corporation; and\n (C) the mortgagor is current on payments due under \n the mortgage.\n (4) Refinancing mortgage.--The term ``refinancing \n mortgage'' means a mortgage that meets the following \n requirements:\n (A) Refinancing of qualified mortgage.--The \n principal loan amount repayment of which is secured by \n the mortgage shall be used to satisfy all indebtedness \n under an existing qualified mortgage and any closing \n costs from the refinancing of the mortgage that the \n mortgagor chooses to include in the refinanced \n mortgage.\n (B) Single-family housing.--The property that is \n subject to the mortgage shall be the same property that \n is subject to the qualified mortgage being refinanced.\n (C) Interest rate.--The mortgage shall bear a fair \n rate of interest, which shall not exceed 40 basis \n points above the required net yield for a 60-day \n commitment to purchase a prime conventional conforming \n fixed rate mortgage as published by the Federal \n National Mortgage Association or the Federal Home Loan \n Mortgage Corporation at the time the interest rate is \n locked in.\n (D) Loan to value.--The mortgage shall not be \n limited by the loan-to-value ratio.\n (E) Waiver of prepayment penalties.--All penalties \n for prepayment or refinancing of the qualified mortgage \n that is refinanced by the mortgage, and all fees and \n penalties related to the default or delinquency on such \n mortgage, shall have been waived or forgiven.\n (F) Term to maturity.--The mortgage shall have a \n term to maturity of not more than 40 years from the \n date of the beginning of the amortization of the \n mortgage.\n (b) Authority.--The Federal National Mortgage Association and the \nFederal Home Loan Mortgage Corporation shall each carry out a program \nunder this section to provide for the refinancing of qualified \nmortgages on single-family housing owned by such enterprise through a \nrefinancing mortgage, and for the purchase of and securitization of \nsuch refinancing mortgages, in accordance with this section and \npolicies and procedures that the Director of the Federal Housing \nFinance Agency shall establish. Such program shall require the Federal \nNational Mortgage Association and the Federal Home Loan Mortgage \nCorporation to purchase or guarantee the refinancing mortgage used to \nrefinance a qualified mortgage upon the request of the mortgagee.\n (c) Prohibition on Loan Level Price Adjustments and Post Settlement \nDelivery Fees.--In carrying out the program established under this \nsection, the Federal National Mortgage Association and the Federal Home \nLoan Mortgage Corporation shall not charge the mortgagee any up-front \nfee beyond the standard guarantee fee for the refinancing of the \nqualified mortgage through the refinancing mortgage.\n (d) Resubordination of Second Liens.--For any servicer or creditor \nholding a second lien on a qualified mortgage who refuses to \nresubordinate that lien, thereby preventing the refinancing of the \nqualified mortgage, new mortgages originated by that servicer or \ncreditor shall be ineligible for purchase or guarantee by the Federal \nNational Mortgage Association or the Federal Home Loan Mortgage \nCorporation.\n (e) Termination.--The requirement for an enterprise to refinance \nqualified mortgages under this section shall not apply to any request \nfor refinancing made after the expiration of the 1-year period \nbeginning on the date of the enactment of this Act. Notwithstanding the \nprior sentence, the Director, at his or her discretion, may extend the \nprogram established under this section, and the requirements of such \nprogram shall apply during any such extension, in 1-year increments.\n (f) Regulations.--The Director shall issue any regulations or \nguidance necessary to carry out the program established under this \nsection.\n\nSEC. 3. NOTICE OF THE REFINANCING PROGRAM.\n\n The Federal National Mortgage Association and the Federal Home Loan \nMortgage Corporation shall require each servicer of a mortgage owned or \nguaranteed by each such enterprise to inform each borrower of such \nmortgage of the refinancing program authorized and established under \nsection 2.\n\nSEC. 4. REPORT.\n\n The Director shall, as part of the monthly Foreclosure Prevention & \nRefinance Report published by the Director, include information on the \nprogress of the refinancing program authorized and established under \nsection 2.","summary":"Helping Responsible Homeowners Act - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency. Defines a qualified mortgage as one that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence, (2) is owned or guaranteed by the particular GSE. And (3) the mortgagor is current on payments due under the mortgage. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Prohibits the GSEs from charging a mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage. Makes ineligible for purchase or guarantee by either GSE of any new mortgage originated by a servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, and thereby prevents the refinancing of the qualified mortgage. Directs the GSEs to require each servicer of a mortgage owned or guaranteed by the GSE to inform each mortgage borrower of the refinancing program authorized and established under this Act.","title":"A bill to provide for the affordable refinancing of mortgages held by Fannie Mae and Freddie Mac.","text_len":6164,"sum_len":1663} {"bill_id":"105_hr1008","text":"SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN \n CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS.\n\n (a) In General.--Subchapter III of chapter 72 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 7287. Legal assistance for financially needy veterans in \n proceedings before Court\n ``(a)(1) The Court of Veterans Appeals may provide funds in order \nto provide financial assistance by grant or contract to legal \nassistance entities for purposes of programs described in subsection \n(b).\n ``(2) The Court shall seek to provide funds for such purpose \nthrough a nonprofit organization selected by it. If the Court \ndetermines that there exists no nonprofit organization that would be an \nappropriate recipient of funds under this section for the purposes \nreferred to in paragraph (1) and that it is consistent with the mission \nof the Court, the Court shall provide financial assistance, by grant or \ncontract, directly to legal assistance entities for purposes of \npermitting such entities to carry out programs described in subsection \n(b).\n ``(b)(1) A program referred to in subsection (a) is any program \nunder which a legal assistance entity uses financial assistance under \nthis section to provide assistance or carry out activities (including \nassistance, services, or activities referred to in paragraph (3)) in \norder to ensure that individuals described in paragraph (2) receive, \nwithout charge, legal assistance in connection with decisions to which \nsection 7252(a) of this title may apply or with other proceedings \nbefore the Court.\n ``(2) An individual referred to in paragraph (1) is any veteran or \nother person who--\n ``(A) is or seeks to be a party to an action before the \n Court; and\n ``(B) cannot, as determined by the Court or the entity \n concerned, afford the costs of legal advice and representation \n in connection with that action.\n ``(3) Assistance, services, and activities under a program \ndescribed in this subsection may include the following for individuals \ndescribed in paragraph (2) in connection with proceedings before the \nCourt:\n ``(A) Financial assistance to defray the expenses of legal \n advice or representation (other than payment of attorney fees) \n by attorneys, clinical law programs of law schools, and \n veterans service organizations.\n ``(B) Case screening and referral services for purposes of \n referring cases to pro bono attorneys and such programs and \n organizations.\n ``(C) Education and training of attorneys and other legal \n personnel who may appear before the Court by attorneys and such \n programs and organizations.\n ``(D) Encouragement and facilitation of the pro bono \n representation by attorneys and such programs and \n organizations.\n ``(4) A legal assistance entity that receives financial assistance \ndescribed in subsection (a) to carry out a program under this \nsubsection shall make such contributions (including in-kind \ncontributions) to the program as the nonprofit organization or the \nCourt, as the case may be, shall specify when providing the assistance.\n ``(5) A legal assistance entity that receives financial assistance \nunder subsection (a) to carry out a program described in this \nsubsection may not require or request the payment of a charge or fee in \nconnection with the program by or on behalf of any individual described \nin paragraph (2).\n ``(c)(1) There is authorized to be appropriated to the Court \n$750,000 for fiscal year 1998 and the same amount for each succeeding \nfiscal year through fiscal year 2001, increased by 3 percent per year, \nto carry out this section.\n ``(2) Funds appropriated under this subsection may be used only for \nthe purposes of subsection (a). Such funds may be provided in advance \nor by way of reimbursement, to cover some or all of the administrative \ncosts of the organization or entity receiving the funds in providing \nfinancial assistance to carry out programs described in subsection (b).\n ``(3) Funds shall be provided under this subsection pursuant to a \nwritten agreement entered into by the Court and the organization or \nentity receiving the funds from the Court.\n ``(d) A nonprofit organization may--\n ``(1) accept funds, in advance or by way of reimbursement, \n from the Court under subsection (a) in order to provide the \n financial assistance referred to in that subsection;\n ``(2) provide financial assistance by grant or contract to \n legal assistance entities under this section for purposes of \n permitting such entities to carry out programs described in \n subsection (b);\n ``(3) administer any such grant or contract; and\n ``(4) accept funds, in advance or by way of reimbursement, \n from the Court under subsection (c) in order to cover the \n administrative costs referred to in that subsection.\n ``(e)(1) Not later than February 1 of each year, the Court shall \nsubmit to the Congress a report on the funds and financial assistance \nprovided under this section during the preceding fiscal year. Based on \nthe information provided the Court by entities receiving such funds and \nassistance, each report shall--\n ``(A) set forth the amount, if any, of funds provided to \n nonprofit organizations under paragraph (2) of subsection (a) \n during the fiscal year covered by the report;\n ``(B) set forth the amount, if any, of financial assistance \n provided to legal assistance entities pursuant to paragraph (1) \n of subsection (a) or under paragraph (2) of that subsection \n during that fiscal year;\n ``(C) set forth the amount, if any, of funds provided to \n nonprofit organizations under subsection (c) during that fiscal \n year; and\n ``(D) describe the programs carried out under this section \n during that fiscal year.\n ``(2) The Court may require that any nonprofit organization and any \nlegal assistance entity to which funds or financial assistance are \nprovided under this section provide the Court with such information on \nthe programs carried out under this section as the Court determines \nnecessary to prepare a report under this subsection.\n ``(f) For the purposes of this section:\n ``(1) The term `nonprofit organization' means any not-for-\n profit organization that is involved with the provision of \n legal assistance to persons unable to afford such assistance.\n ``(2) The term `legal assistance entity' means a not-for-\n profit organization or veterans service organization capable of \n providing legal assistance to persons with respect to matters \n before the Court.\n ``(3) The term `veterans service organization' means an \n organization referred to in section 5902(a)(1) of this title, \n including an organization approved by the Secretary under that \n section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n7286 the following new item:\n\n``7287. Legal assistance for financially needy veterans in proceedings \n before Court.''.","summary":"Authorizes the Court of Veterans Appeals to provide funds for financial assistance to legal assistance entities to assist financially needy veterans in connection with proceedings before such Court. Permits legal assistance activities in connection with such proceedings to include: (1) financial assistance to defray the expenses of legal advice or representation, (2) case screening and referral services. (3) education and training of attorneys and other legal personnel who may appear before the Court. And (4) encouragement and facilitation of pro bono representation by attorneys, clinical law programs of law schools, and veterans' service organizations. Sets forth provisions regarding: (1) contributions by legal assistance entities receiving financial assistance. (2) a prohibition against such entities requiring or requesting the payment of a charge or fee in connection with the program, and (3) administrative and reporting requirements. Authorizes appropriations.","title":"To amend title 38, United States Code, to authorize the provision of funds in order to provide financial assistance by grant or contract to legal assistance entities for representation of financially needy veterans in connection with proceedings before the United States Court of Veterans Appeals.","text_len":7497,"sum_len":978} {"bill_id":"109_hr314","text":"<greek-th> x <greek-th> x \n\nSECTION 1. SHORT TITLE.<greek-th> x \n\n This Act may be cited as the ``Combat Meth Act of \n2005''.<greek-th> x <greek-th> x \n\n TITLE I--ENFORCEMENT<greek-th> x \n\nSEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS \n GRANTS.<greek-th> x \n\n (a) In General.--In addition to any other funds authorized to be \nappropriated for fiscal year 2006 for grants under part Q of title I of \nthe Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3796dd et seq.), commonly known as the COPS program, there are \nauthorized to be appropriated $15,000,000 for such purpose to provide \ntraining to State and local prosecutors and law enforcement agents for \nthe investigation and prosecution of methamphetamine \noffenses.<greek-th> x \n (b) Rural Set-Aside.--Of amounts made available under subsection \n(a), $3,000,000 shall be available only for prosecutors and law \nenforcement agents for rural communities.<greek-th> x \n\nSEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE \n PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND \n CLEANUP.<greek-th> x \n\n Section 1701(d) of the Omnibus Crime Control and Safe Streets Act \nof 1968 (42 U.S.C. 3796dd(d)) is amended--<greek-th> x \n (1) in paragraph (11) by striking ``and'' at the \n end;<greek-th> x \n (2) in paragraph (12) by striking the period at the end and \n inserting ``; and''; and<greek-th> x \n (3) by adding at the end the \n following:<greek-th> x <greek-th> x <greek-th> x \n ``(13) hire personnel and purchase equipment to assist in \n the enforcement and prosecution of methamphetamine offenses and \n the cleanup of methamphetamine-affected \n areas.''.<greek-th> x <greek-th> x <greek-th> x \n\nSEC. 103. SPECIAL UNITED STATES ATTORNEYS' \n PROGRAM.<greek-th> x <greek-th> x <greek-th> x \n\n (a) In General.--The Attorney General shall allocate any amounts \nappropriated pursuant to the authorization under subsection (c) for the \nhiring and training of special assistant United States \nattorneys.<greek-th> x <greek-th> x <greek-th> x \n (b) Use of Funds.--The funds allocated under subsection (a) shall \nbe used to--<greek-th> x <greek-th> x <greek-th> x \n (1) train local prosecutors in techniques used to prosecute \n methamphetamine cases, including the presentation of evidence \n related to the manufacture of \n methamphetamine;<greek-th> x <greek-th> x <greek-th> x \n (2) train local prosecutors in Federal and State laws \n involving methamphetamine manufacture or \n distribution;<greek-th> x <greek-th> x <greek-th> x \n (3) cross-designate local prosecutors as special assistant \n United States attorneys; \n and<greek-th> x <greek-th> x <greek-th> x \n (4) hire additional local prosecutors who--\n <greek-th> x <greek-th> x <greek-th> x \n (A) with the approval of the United States \n attorney, shall be cross-designated to prosecute both \n Federal and State methamphetamine \n cases;<greek-th> x <greek-th> x <greek-th> x \n (B) shall be assigned a caseload, whether in State \n court or Federal court, that gives the highest priority \n to cases in which--\n <greek-th> x <greek-th> x <greek-th> x \n (i) charges related to methamphetamine \n manufacture or distribution are submitted by \n law enforcement for consideration; \n and<greek-th> x <greek-th> x <greek-th> x \n (ii) the defendant has been previously \n convicted of a crime related to methamphetamine \n manufacture or \n distribution.<greek-th> x <greek-th> x <greek-th>\n x \n (c) Authorization of Appropriations.--There are authorized to be \nappropriated $5,000,000 for each of the fiscal years 2006 and 2007 to \ncarry out the provisions of this \nsection.<greek-th> x <greek-th> x <greek-th> x \n\nSEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES \n ACT.<greek-th> x <greek-th> x <greek-th> x \n\n (a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the \nControlled Substances Act (21 U.S.C. 812) is amended by adding at the \nend the following:<greek-th> x <greek-th> x <greek-th> x \n ``(6) Any detectable quantity of pseudoephedrine, its salts \n or optical isomers, or salts of optical \n isomers.''.<greek-th> x <greek-th> x <greek-th> x \n (b) Prescriptions.--Section 309(c) of the Controlled Substances Act \n(21 U.S.C. 829(c)) is amended--<greek-th> x <greek-th> x <greek-th> x \n (1) by inserting ``(1)'' before ``No controlled \n substance''; and<greek-th> x <greek-th> x <greek-th> x \n (2) by adding at the end the \n following:<greek-th> x <greek-th> x <greek-th> x \n ``(2) If the substance described in paragraph (6) of Schedule V of \nsection 202 is dispensed, sold, or distributed in a pharmacy--\n<greek-th> x <greek-th> x <greek-th> x \n ``(A) the substance shall be dispensed, sold, or \n distributed only by a licensed pharmacist or a licensed \n pharmacy technician; and<greek-th> x <greek-th> x <greek-th> x \n ``(B) any person purchasing, receiving, or otherwise \n acquiring any such substance shall--\n <greek-th> x <greek-th> x <greek-th> x \n ``(i) produce a photo identification showing the \n date of birth of such person; \n and<greek-th> x <greek-th> x <greek-th> x \n ``(ii) sign a written log or receipt showing--\n <greek-th> x <greek-th> x <greek-th> x \n ``(I) the date of the \n transaction;<greek-th> x <greek-th> x <greek-th>\n x \n ``(II) the name of the person; \n and<greek-th> x <greek-th> x <greek-th> x \n ``(III) the name and the amount of the \n substance purchased, received, or otherwise \n acquired.<greek-th> x <greek-th> x <greek-th> x \n\n ``(3)(A) No person shall purchase, receive, or otherwise acquire \nmore than 9 grams of the substance described in paragraph (6) of \nSchedule V of section 202 within any 30-day \nperiod.<greek-th> x <greek-th> x <greek-th> x \n ``(B) The limit described in subparagraph (A) shall not apply to \nany quantity of such substance dispensed under a valid \nprescription.<greek-th> x <greek-th> x <greek-th> x \n ``(4)(A) The Director of the Federal Drug Administration, by rule, \nmay exempt a product from Schedule V of section 202 if the Director \ndetermines that the produce is not used in the illegal manufacture of \nmethamphetamine or other controlled dangerous \nsubstance.<greek-th> x <greek-th> x <greek-th> x \n ``(B) The Director of the Federal Drug Administration, upon the \napplication of a manufacturer of a drug product, may exempt the product \nfrom Schedule V of section 202 if the Director determines that the \nproduct has been formulated in such a way as to effectively prevent the \nconversion of the active ingredient into \nmethamphetamine.<greek-th> x <greek-th> x <greek-th> x \n ``(C) The Director of the Federal Drug Administration, by rule, may \nauthorize the sale of the substance described in paragraph (6) of \nSchedule V of section 202 by persons other than licensed pharmacists or \nlicensed pharmacy technicians if--\n<greek-th> x <greek-th> x <greek-th> x \n ``(i) the Director finds evidence that the absence of a \n pharmacy creates a hardship for a community; \n and<greek-th> x <greek-th> x <greek-th> x <greek-th> x \n ``(ii) the authorized personnel follow the procedure set \n forth in this Act''.<greek-th> x <greek-th> x \n\n TITLE II--EDUCATION, PREVENTION, AND TREATMENT<greek-th> x \n\nSEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE \n ABUSERS.<greek-th> x \n\n Section 519 of the Public Health Service Act (42 U.S.C. 290bb0925) \nis amended--<greek-th> x \n (1) in subsection (b), by inserting after paragraph (8) the \n following:<greek-th> x \n ``(9) Development of drug endangered children rapid \n response teams that will intervene on behalf of children \n exposed to methamphetamine as a result of residing or being \n present in a home-based clandestine drug laboratory.''; \n and<greek-th> x \n (2) in subsection (o)--<greek-th> x \n (A) by striking ``For the purpose'' and inserting \n the following:<greek-th> x \n ``(1) In general.--For the purpose''; and<greek-th> x \n (B) by adding at the end the \n following:<greek-th> x \n ``(2) Drug endangered children rapid response teams.--There \n are authorized to be appropriated $2,500,000 for each of the \n fiscal years 2006 and 2007 to carry out the provisions of \n subsection (b)(9).''.<greek-th> x \n\nSEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND \n RELATED CONDITIONS.<greek-th> x \n\n Subpart 1 of part B of title V of the Public Health Service Act (42 \nU.S.C. 290bb et seq.) is amended--<greek-th> x \n (1) by redesignating the section 514 that relates to \n methamphetamine and appears after section 514A as section \n 514B;<greek-th> x \n (2) in section 514B, as redesignated--<greek-th> x \n (A) by amending subsection (a)(1) to read as \n follows:<greek-th> x \n ``(1) Grants authorized.--The Secretary may award grants to \n States, political subdivisions of States, American Indian \n Tribes, and private, nonprofit entities to provide treatment \n for methamphetamine abuse.'';<greek-th> x \n (B) by amending subsection (b) to read as \n follows:<greek-th> x \n ``(b) Priority for Rural Areas.--In awarding grants under \nsubsection (a), the Secretary shall give priority to entities that will \nserve rural areas experiencing an increase in methamphetamine abuse.''; \nand<greek-th> x \n (C) in subsection (d)(1), by striking ``2000'' and \n all that follows and inserting ``2005 and such sums as \n may be necessary for each of fiscal years 2006 through \n 2009''; and<greek-th> x \n (3) by inserting after section 514B, as redesignated, the \n following:<greek-th> x \n\n``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL \n ASSISTANCE CENTER.<greek-th> x \n\n ``(a) Program Authorized.--The Secretary, acting through the \nAdministrator, and in consultation with the Director of the National \nInstitutes of Health, shall award grants to, or enter into contracts \nwith, public or private, nonprofit entities to establish a research, \ntraining, and technical assistance center to carry out the activities \ndescribed in subsection (d).<greek-th> x \n ``(b) Application.--A public or private, nonprofit entity seeking a \ngrant or contract under subsection (a) shall submit an application to \nthe Secretary at such time, in such manner, and containing such \ninformation as the Secretary may require.<greek-th> x \n ``(c) Condition.--In awarding grants or entering into contracts \nunder subsection (a), the Secretary shall ensure that not less than 1 \nof the centers will focus on methamphetamine abuse in rural \nareas.<greek-th> x \n ``(d) Authorized Activities.--Each center established under this \nsection shall--<greek-th> x \n ``(1) engage in research and evaluation of the \n effectiveness of treatment modalities for the treatment of \n methamphetamine abuse;<greek-th> x \n ``(2) disseminate information to public and private \n entities on effective treatments for methamphetamine \n abuse;<greek-th> x \n ``(3) provide direct technical assistance to States, \n political subdivisions of States, and private entities on how \n to improve the treatment of methamphetamine abuse; \n and<greek-th> x \n ``(4) provide training on the effects of methamphetamine \n use and on effective ways of treating methamphetamine abuse to \n substance abuse treatment professionals and community \n leaders.<greek-th> x \n ``(e) Reports.--Each grantee or contractor under this section shall \nannually submit a report to the Administrator that contains--\n<greek-th> x \n ``(1) a description of the previous year's activities of \n the center established under this section;<greek-th> x \n ``(2) effective treatment modalities undertaken by the \n center; and<greek-th> x \n ``(3) evidence to demonstrate that such treatment \n modalities were successful.<greek-th> x \n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $3,000,000 for fiscal year 2006 \nand such sums as may be necessary for each of fiscal years 2007 and \n2008.''.<greek-th> x \n\nSEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.<greek-th> x \n\n (a) Grants Authorized.--The Attorney General, acting through the \nBureau of Justice Assistance, may award grants to States to establish \nmethamphetamine precursor monitoring programs.<greek-th> x \n (b) Purpose.--The purpose of the grant program established under \nthis section is to--<greek-th> x \n (1) prevent the sale of methamphetamine precursors, such as \n pseudoephedrine, to individuals in quantities so large that the \n only reasonable purpose of the purchase would be to manufacture \n methamphetamine;<greek-th> x \n (2) educate businesses that legally sell methamphetamine \n precursors of the need to balance the legitimate need for \n lawful access to medication with the risk that those substances \n may be used to manufacture methamphetamine; and<greek-th> x \n (3) recalibrate existing prescription drug monitoring \n programs designed to track the sale of controlled substances to \n also track the sale of pseudoephedrine in any amount greater \n than 6 grams.<greek-th> x \n (c) Use of Grant Funds.--Grant funds awarded to States under this \nsection may be used to--<greek-th> x \n (1) implement a methamphetamine precursor monitoring \n program, including hiring personnel and purchasing computer \n hardware and software designed to monitor methamphetamine \n precursor purchases;<greek-th> x \n (2) expand existing methamphetamine precursor or \n prescription drug monitoring programs to accomplish the \n purposes described in subsection (b);<greek-th> x \n (3) pay for training and technical assistance for law \n enforcement personnel and employees of businesses that lawfully \n sell substances, which may be used as methamphetamine \n precursors;<greek-th> x \n (4) improve information sharing between adjacent States \n through enhanced connectivity; or<greek-th> x \n (5) make grants to subdivisions of the State to implement \n methamphetamine precursor monitoring programs.<greek-th> x \n (d) Application.--Any State seeking a grant under this section \nshall submit an application to the Attorney General at such time, in \nsuch manner, and containing such information as the Attorney General \nmay require.<greek-th> x <greek-th> x \n (e) Authorization of Appropriations.--There are authorized to be \nappropriated $5,000,000 for each of the fiscal years 2006 and 2007 to \ncarry out the provisions of this section.<greek-th> x <greek-th> x \n 08 x","summary":"Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas. (2) the Controlled Substances Act to add pseudoephedrine to schedule V. And (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant US attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.","title":"To respond to the illegal production, distribution, and use of methamphetamine in the United States, and for other purposes.","text_len":17207,"sum_len":1199} {"bill_id":"114_s3455","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pharmaceutical Supply and Value \nEnhancement Act'' or the ``Pharmaceutical SAVE Act''.\n\nSEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS.\n\n (a) Temporary Importation.--Section 506C of the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 356c) is amended--\n (1) by redesignating subsections (h) and (i) as subsections \n (i) and (j), respectively; and\n (2) by inserting after subsection (g) the following:\n ``(h) Temporary Importation Authority.--\n ``(1) In general.--If, based on notifications described in \n subsection (a) or any other relevant information, the Secretary \n concludes that there is, or is likely to be, a drug shortage of \n a drug described in subsection (a), except as provided in \n paragraph (3), the Secretary shall authorize importation of \n such drug for a period of up to 3 years if--\n ``(A) the drug is a drug subject to section \n 503(b)(1), other than a drug described in subparagraphs \n (A) through (F) of section 804(a)(3);\n ``(B) the drug is authorized to be lawfully \n marketed in one or more of the countries included in \n the list under section 802(b)(1);\n ``(C) the imported drug has the same active \n ingredient as the drug for which there is a shortage \n described in subsection (i)(2)(B) with respect to \n manufacturers in the United States;\n ``(D) the manufacturer certifies to the Secretary \n that it intends to seek approval of the drug under \n section 505(j); and\n ``(E) an importer (as defined in section 804(a)) \n files with the Secretary information--\n ``(i) attesting that the requirements under \n subparagraphs (A) through (D) are satisfied;\n ``(ii) identifying the drug the importer \n proposes to import and the manufacturer from \n whom the importer proposes to import such drug; \n and\n ``(iii) requesting authority to import the \n drug.\n ``(2) Beginning date of importation.--If all of the \n conditions under paragraph (1) are met, the Secretary shall \n authorize importation of a drug in accordance with such \n paragraph beginning not later than 60 days after receipt of the \n information under paragraph (1)(E).\n ``(3) Discretionary denial of importation.--The Secretary \n may deny importation of a drug otherwise qualified for \n importation under paragraph (1) if the Secretary determines \n that--\n ``(A) the drug is not safe and effective;\n ``(B) the drug is used in conjunction with a device \n for which there is no reasonable assurance of safety \n and effectiveness; or\n ``(C) the authorization to market the drug in one \n or more of the countries included in the list under \n section 802(b)(1) has been rescinded or withdrawn \n because of any concern relating to the safety or \n effectiveness of the drug.\n ``(4) Termination of authority.--The authority to import a \n drug pursuant to paragraph (1) shall terminate after 3 years, \n or when the drug shortage no longer applies, whichever occurs \n first.''.\n (b) Noncompetitive Drug Markets.--Chapter V of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting \nafter section 506C-1 the following:\n\n``SEC. 506C-2. NONCOMPETITIVE DRUG MARKETS.\n\n ``(a) In General.--If the Secretary determines under subsection (b) \nthat a noncompetitive market exists with respect to an applicable drug, \nthe Secretary--\n ``(1) shall treat such noncompetitive market as creating a \n drug shortage for purposes of section 506C(g), and may expedite \n the review of applications and inspections in accordance with \n such subsection; and\n ``(2) shall treat such noncompetitive market as creating a \n drug shortage for purposes of section 506C(h), and shall \n authorize importation of the drug in accordance with such \n subsection.\n ``(b) Determination of Noncompetitive Market.--\n ``(1) In general.--The Secretary shall determine that a \n noncompetitive market exists with respect to an applicable drug \n if--\n ``(A) for at least 2 consecutive months prior to \n the determination, fewer than 5 drugs approved under \n section 505(c) (referred to in this paragraph as the \n `applicable listed drug') or under section 505(j) that \n reference the applicable listed drug were commercially \n available in the United States;\n ``(B) the applicable listed drug was approved at \n least 10 years before such determination; and\n ``(C) each patent which claims an active ingredient \n of the applicable listed drug has expired.\n ``(2) Commercially available.--\n ``(A) In general.--For purposes of paragraph \n (1)(A), a drug is not commercially available in the \n United States if--\n ``(i) the holder of an application approved \n under subsection (c) or (j) of section 505 has \n publicly announced that it has discontinued the \n manufacturing of the drug;\n ``(ii) a drug approved under subsection (c) \n or (j) of section 505 has been withdrawn or \n discontinued; or\n ``(iii) the Secretary has any other \n reasonable basis to conclude that a drug \n approved under subsection (c) or (j) of section \n 505 is not competitively relevant.\n ``(B) Holder of approved application.--In \n determining whether 5 drugs are commercially available \n under paragraph (1)(A), in the case of a single person \n who is the holder of more than 1 application approved \n as described in paragraph (1)(A) with respect to an \n applicable drug, only 1 such drug shall be considered \n to be commercially available.\n ``(c) Applicable Drug.--In this section, the term `applicable drug' \nmeans a drug that is not a radio pharmaceutical drug product or any \nother product as designated by the Secretary.''.\n (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of \nthe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is \namended--\n (1) in clause (i), by striking ``; and'' and inserting \n ``;'';\n (2) in clause (ii), by adding ``and'' after the semicolon; \n and\n (3) by inserting after clause (ii) the following:\n ``(iii) the number of drugs authorized for \n temporary importation under section 506C(h);''.","summary":"Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to authorize importation of life-saving drugs for which there is, or is likely to be, a shortage. For a drug to be imported, the drug's manufacturer must intend to seek FDA approval of the drug as a generic drug. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in noncompetitive markets must be treated as being in a shortage for purposes of this bill and for purposes of expedited inspections and review. A drug is in a noncompetitive market if: (1) there are fewer than five holders of approved applications for commercially available brand name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) patents on the active ingredient of the drug have expired.","title":"Pharmaceutical Supply and Value Enhancement Act","text_len":7518,"sum_len":933} {"bill_id":"113_hr1779","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving Access to Manufactured \nHousing Act of 2013''.\n\nSEC. 2. MORTGAGE ORIGINATOR DEFINITION.\n\n (a) Amendment to Definition.--Section 1401 of the Dodd-Frank Wall \nStreet Reform and Consumer Protection Act is amended, in paragraph \n(2)(C)(ii) of the matter proposed to be added to section 103 of the \nTruth in Lending Act, by striking ``an employee of a retailer of \nmanufactured homes who is not described in clause (i) or (iii) of \nsubparagraph (A) and who does not advise a consumer on loan terms \n(including rates, fees, and other costs)'' and inserting ``a retailer \nof manufactured or modular homes or its employees unless such retailer \nor its employees receive compensation or gain for engaging in \nactivities described in subparagraph (A) that is in excess of any \ncompensation or gain received in a comparable cash transaction''.\n (b) Technical Amendments.--(1) Section 1401 of the Dodd-Frank Wall \nStreet Reform and Consumer Protection Act is amended, in the matter \nproposed to be added to section 103 of the Truth in Lending Act, by \nredesignating subsection (cc) as subsection (dd).\n (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and \nConsumer Protection Act is amended--\n (A) by striking ``subsection (cc)'' and inserting \n ``subsection (dd)''; and\n (B) in the matter proposed to be added to section 103 of \n the Truth in Lending Act by redesignating subsection (dd) as \n subsection (ee).\n (c) Effective Date.--The amendments made by this section shall take \neffect as if included in the provisions of the Dodd-Frank Wall Street \nReform and Consumer Protection Act to which they relate.\n\nSEC. 3. HIGH-COST MORTGAGE DEFINITION.\n\n Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is \namended--\n (1) by redesignating subsection (aa) (relating to \n disclosure of greater amount or percentage), as so designated \n by section 1100A of Public Law 111-203, as subsection (bb);\n (2) by redesignating subsection (bb) (relating to high cost \n mortgages), as so designated by section 1100A of Public Law \n 111-203, as subsection (aa), and moving such subsection to \n immediately follow subsection (z); and\n (3) in subsection (aa)(1)(A), as so redesignated--\n (A) in clause (i)(I)--\n (i) by striking ``(8.5 percentage points, \n if the dwelling is personal property and the \n transaction is for less than $50,000)''; and\n (ii) by striking ``or'' at the end;\n (B) in clause (i)(II), by adding ``or'' at the end;\n (C) in clause (i), by adding at the end the \n following:\n ``(III) by a first mortgage on a \n consumer's principal dwelling that is \n considered personal property (or is a \n consumer credit transaction that does \n not include the purchase of real \n property on which a dwelling is to be \n placed), the annual percentage rate at \n consummation of the transaction will \n exceed the average prime offer rate, as \n defined in section 129C(b)(2)(B), for a \n comparable transaction, by more than--\n ``(aa) 8.5 percentage \n points, in the case of a \n transaction in an amount of \n $50,000 or more, but less than \n $75,000 (as such amounts are \n adjusted by the Bureau to \n reflect the change in the \n Consumer Price Index);\n ``(bb) 10.5 percentage \n points, in the case of a \n transaction in an amount of \n more than $30,000, but less \n than $50,000 (as such amounts \n are adjusted by the Bureau to \n reflect the change in the \n Consumer Price Index); or\n ``(cc) 12.5 percentage \n points, in the case of a \n transaction in an amount of \n $30,000 or less (as such amount \n is adjusted by the Bureau to \n reflect the change in the \n Consumer Price Index), or a \n higher percentage established \n by the Bureau not to exceed \n 14.5 percentage points in such \n cases, if the Bureau determines \n that the lower rate would \n restrict access to credit and \n that raising the rate would not \n have a detrimental impact on \n consumer protection.''; and\n (D) in clause (ii)--\n (i) in subclause (I), by striking ``or'' at \n the end; and\n (ii) by adding at the end the following:\n ``(III) in the case of a \n transaction for less than $75,000 (as \n such amount is adjusted by the Bureau \n to reflect the change in the Consumer \n Price Index) in which the dwelling is \n considered personal property (or is a \n consumer credit transaction that does \n not include the purchase of real \n property on which a dwelling is to be \n placed) the greater of 5 percent of the \n total transaction amount or $3,000 (as \n such amount is adjusted by the Bureau \n to reflect the change in the Consumer \n Price Index); or''.","summary":"Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of quot, mortgage originatorquot. Of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms . Excludes from the meaning of quot, mortgage originator,quot. Instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of high cost mortgage.","title":"Preserving Access to Manufactured Housing Act of 2013","text_len":7017,"sum_len":848} {"bill_id":"110_hr7131","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southern Nevada Higher Education \nLand Act of 2008''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) southern Nevada is one of the fastest growing regions \n in the United States, with 750,000 new residents added since \n 2000 and 250,000 residents expected to be added by 2010;\n (2) the Nevada System of Higher Education serves more than \n 70,000 undergraduate and graduate students in southern Nevada, \n with enrollment in the System expected to grow by 21 percent \n during the next 10 years, which would bring enrollment to a \n total of 85,000 students in the System;\n (3) the Nevada System of Higher Education campuses in \n southern Nevada comprise 1,200 acres, one of the smallest land \n bases of any major higher education system in the western \n United States;\n (4) the University of Nevada, Las Vegas, with 28,500 \n students and 3,300 faculty and staff, is the fourth fastest-\n growing research university in the United States;\n (5) the College of Southern Nevada--\n (A) serves 39,000 students each semester; and\n (B) is near capacity at each of the 3 urban \n campuses of the College;\n (6) Pahrump, located in rural Nye County, Nevada--\n (A) has grown by 20 percent since 2000; and\n (B) has a small satellite campus of Great Basin \n College to serve the 40,500 residents of Pahrump, \n Nevada; and\n (7) the Nevada System of Higher Education needs additional \n land to provide for the future growth of the System, \n particularly for the University of Nevada, Las Vegas, the \n College of Southern Nevada, and the Pahrump campus of Great \n Basin College.\n (b) Purposes.--The purposes of this Act are--\n (1) to provide additional land for a thriving higher \n education system that serves the residents of fast-growing \n southern Nevada;\n (2) to provide residents of the State with greater \n opportunities to pursue higher education and the resulting \n benefits, which include increased earnings, more employment \n opportunities, and better health; and\n (3) to provide communities in southern Nevada the economic \n and societal values of higher education, including economic \n growth, lower crime rates, greater civic participation, and \n less reliance on social services.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Board of regents.--The term ``Board of Regents'' means \n the Board of Regents of the Nevada System of Higher Education.\n (2) Campuses.--The term ``Campuses'' means the Great Basin \n College, College of Southern Nevada, and University of Las \n Vegas, Nevada, campuses.\n (3) Federal land.--The term ``Federal land'' means each of \n the 3 parcels of Bureau of Land Management land identified on \n the maps as ``Parcel to be Conveyed'', of which--\n (A) approximately 40 acres is to be conveyed for \n the College of Southern Nevada;\n (B) approximately 2,085 acres is to be conveyed for \n the University of Nevada, Las Vegas; and\n (C) approximately 285 acres is to be conveyed for \n the Great Basin College.\n (4) Map.--The term ``Map'' means each of the 3 maps \n entitled ``Southern Nevada Higher Education Land Act'', dated \n July 11, 2008, and on file and available for public inspection \n in the appropriate offices of the Bureau of Land Management.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) State.--The term ``State'' means the State of Nevada.\n (7) System.--The term ``System'' means the Nevada System of \n Higher Education.\n\nSEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.\n\n (a) Conveyances.--\n (1) In general.--Notwithstanding section 202 of the Federal \n Land Policy and Management Act of 1976 (43 U.S.C. 1712) and \n section 1(c) of the Act of June 14, 1926 (commonly known as the \n ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and \n subject to all valid existing rights, the Secretary shall--\n (A) not later than 180 days after the date of \n enactment of this Act, convey to the System, without \n consideration, all right, title, and interest of the \n United States in and to the Federal land for the Great \n Basin College and the College of Southern Nevada; and\n (B) not later than 180 days after the receipt of \n certification of acceptable remediation of \n environmental conditions existing on the parcel to be \n conveyed for the University of Nevada, Las Vegas, \n convey to the System, without consideration, all right, \n title, and interest of the United States in and to the \n Federal land for the University of Nevada, Las Vegas.\n (2) Phases.--The Secretary may phase the conveyance of the \n Federal land under paragraph (1)(B) as remediation is \n completed.\n (b) Conditions.--\n (1) In general.--As a condition of the conveyance under \n subsection (a)(1), the Board of Regents shall agree in \n writing--\n (A) to pay any administrative costs associated with \n the conveyance, including the costs of any \n environmental, wildlife, cultural, or historical \n resources studies;\n (B) to use the Federal land conveyed for \n educational and recreational purposes;\n (C) to release and indemnify the United States from \n any claims or liabilities that may arise from uses \n carried out on the Federal land on or before the date \n of enactment of this Act by the United States or any \n person;\n (D) as soon as practicable after the date of the \n conveyance under subsection (a)(1), to erect at each of \n the Campuses an appropriate and centrally located \n monument that acknowledges the conveyance of the \n Federal land by the United States for the purpose of \n furthering the higher education of the citizens in the \n State; and\n (E) to assist the Bureau of Land Management in \n providing information to the students of the System and \n the citizens of the State on--\n (i) public land (including the management \n of public land) in the Nation; and\n (ii) the role of the Bureau of Land \n Management in managing, preserving, and \n protecting the public land in the State.\n (2) Agreement with nellis air force base.--As a condition \n of the conveyance of the Federal land for the University of \n Nevada, Las Vegas under subsection (a)(1)(B), the Board of \n Regents shall enter into a cooperative interlocal agreement \n with Nellis Air Force Base that is consistent with the missions \n of the System and the United States Air Force.\n (c) Use of Federal Land.--\n (1) In general.--The System may use the Federal land \n conveyed under subsection (a)(1) for--\n (A) any purpose relating to the establishment, \n operation, growth, and maintenance of the System; and\n (B) any uses relating to the purposes, including \n residential and commercial development that would \n generally be associated with an institution of higher \n education.\n (2) Other entities.--The System may--\n (A) consistent with Federal and State law, lease, \n or otherwise provide property or space at, the \n Campuses, with or without consideration, to religious, \n public interest, community, or other groups for \n services and events that are of interest to the System \n or to any community located in southern Nevada;\n (B) allow any other communities in southern Nevada \n to use facilities of the Campuses for educational and \n recreational programs of the community; and\n (C) in conjunction with the city of Las Vegas, \n North Las Vegas, or Pahrump or Clark or Nye County \n plan, finance (including through the provision of cost-\n share assistance), construct, and operate facilities \n for the city of Las Vegas, North Las Vegas, or Pahrump \n or Clark or Nye County on the Federal land conveyed for \n educational or recreational purposes consistent with \n this section.\n (d) Reversion.--\n (1) In general.--If the Federal land or any portion of the \n Federal land conveyed under subsection (a)(1) ceases to be used \n for the System, the Federal land, or any portion of the Federal \n land shall, at the discretion of the Secretary, revert to the \n United States.\n (2) University of nevada, las vegas.--If the System fails \n to complete the first building or show progression toward \n development of the University of Nevada, Las Vegas campus on \n the applicable parcels of Federal land by the date that is 50 \n years after the date of receipt of certification of acceptable \n remediation of environmental conditions, the parcels of the \n Federal land described in section 3(3)(B) shall, at the \n discretion of the Secretary, revert to the United States.","summary":"Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada. And (2) the System for the University of Nevada, Las Vegas. Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education.","title":"To direct the Secretary of the Interior to convey to the Nevada System of Higher Education certain Federal land located in Clark and Nye counties, Nevada, and for other purposes.","text_len":10311,"sum_len":674} {"bill_id":"103_s774","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``King Holiday and Service Act of \n1993''.\n\nSEC. 2. MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION.\n\n The Act entitled ``An Act to establish a commission to assist in \nthe first observance of the Federal legal holiday honoring Martin \nLuther King, Jr.'', approved August 27, 1984 (36 U.S.C. 169j et seq.; \nPublic Law 98-399; 98 Stat. 1473) is amended--\n (1) in section 3(1) by inserting ``including service \n opportunities'' after ``activities'';\n (2) in section 4 by adding at the end thereof the following \n new subsections:\n ``(e)(1) No less than 3 of the members appointed to the Commission \nunder the provisions of subsection (a)(6) shall be under the age of 29 \nyears on the date of such appointment.\n ``(2) The requirement under paragraph (1) shall apply with regard \nto appointments made during fiscal year 1994 and each fiscal year \nthereafter.\n ``(f) The Chairperson of the Board of the Commission on National \nand Community Service established under section 190 of the National and \nCommunity Service Act of 1990 (42 U.S.C. 12651) shall be an ex officio \nmember of the Martin Luther King, Jr. Federal Holiday Commission. Such \nex officio member shall be a voting member.'';\n (3) in section 6(a) by striking out ``grade GS-18 of the \n General Schedule under section 5332'' and inserting in lieu \n thereof ``a position above GS-15 of the General Schedule under \n section 5108'';\n (4) in section 7 by striking out ``$300,000 for fiscal year \n 1989 and each of the 4 succeeding fiscal years.'' and inserting \n in lieu thereof ``$300,000 for each of fiscal years 1994 and \n 1995 and such funds as may be necessary for each of fiscal \n years 1996 and 1997.'';\n (5) in section 8 by inserting after ``under this Act'' the \n following: ``or under section 168 of the National and Community \n Service Act of 1990''; and\n (6) in section 9 by striking out ``April 20, 1994'' and \n inserting in lieu thereof ``until terminated by law''.\n\nSEC. 3. NATIONAL SERVICE DAY.\n\n Part IV of subtitle E of title I of the National and Community \nService Act of 1990 (42 U.S.C. 12621 et seq.) is amended by adding at \nthe end thereof the following:\n\n``SEC. 168. NATIONAL SERVICE DAY.\n\n ``(a) Grants.--The Commission may make grants under section 102 to \neligible entities to pay for the Federal share of the cost of planning \nand carrying out service opportunities on the Federal legal holiday \nhonoring the birthday of Martin Luther King, Jr.\n ``(b) Eligible Entities.--To be eligible to receive a grant under \nsubsection (a), an entity shall be a State, community, institution of \nhigher education, local educational agency, State educational agency, a \nprivate industry council established under section 102 of the Job \nTraining Partnership Act (29 U.S.C. 1512), or a community-based agency.\n ``(c) Application.--To be eligible to receive a grant under \nsubsection (a), an entity shall submit an application at such time, in \nsuch manner, and containing such information as the Commission may \nrequire.\n ``(d) Consideration of Applications.--\n ``(1) Consultation.--In making grants under subsection (a), \n the Commission shall consult with the Martin Luther King, Jr. \n Federal Holiday Commission.\n ``(2) Recommendations.--The Martin Luther King, Jr. Federal \n Holiday Commission shall review the applications submitted \n under subsection (c) and make recommendations with respect to \n the entities that shall be eligible to receive a grant under \n subsection (a).\n ``(3) Selection.--The Commission shall not make a grant \n under subsection (a) to an entity unless the Martin Luther \n King, Jr. Federal Holiday Commission has recommended that the \n entity be eligible to receive such a grant.\n ``(e) Federal Share.--\n ``(1) In general.--The Federal share of the cost of \n planning and carrying out the activities described in \n subsection (a) shall be 30 percent.\n ``(2) Calculation.--The State and local share of such cost \n may be in cash or in kind, fairly evaluated, including \n facilities, equipment, or services.''.\n (b) Definition.--Section 101(23) of such Act (42 U.S.C. 12511(23)) \nis amended by striking out ``students or out-of-school youth'' and \ninserting in lieu thereof ``participants or volunteers in programs \nunder this Act''.\n (c) Report.--Section 172(b)(2) of such Act (42 U.S.C. 12632(b)(2)) \nis amended by adding at the end thereof the following: ``Each such \nreport shall also contain an evaluation, conducted under section 179, \nof the service opportunities carried out under section 168.''.\n (d) Ex Officio Member.--Section 190(b)(1)(B) of such Act (42 U.S.C. \n12651(b)(1)(B)) is amended by striking out ``and the Director of the \nACTION agency'' and inserting in lieu thereof ``the Director of the \nACTION Agency, and the chairperson of the Martin Luther King, Jr. \nFederal Holiday Commission''.\n (e) Authorization of Appropriations.--Section 501(a) of such Act \n(42 U.S.C. 12681(a)) is amended--\n (1) in paragraph (1)(A), by striking out the period and \n inserting in lieu thereof ``and such sums as may be necessary \n for each of the fiscal years 1994 through 1999.''; and\n (2) in paragraph (2)--\n (A) at the end of subparagraph (C), by striking out \n ``and'';\n (B) by redesignating subparagraph (D) as \n subparagraph (E); and\n (C) by inserting after subparagraph (C) the \n following:\n ``(D) $300,000 shall be available to carry out \n section 168; and''.\n (f) Table of Contents.--Section 1(b) of such Act (42 U.S.C. 12401 \nnote) is amended by inserting after the item relating to section 167 \nthe following:\n\n``Sec. 168. National service day.''.","summary":"King Holiday and Service Act of 1993 - Amends Federal law to: (1) authorize appropriations for the Martin Luther King, Jr. Federal Holiday Commission, (2) extend the Commission. And (3) revise its membership. Amends the National and Community Service Act of 1990 to authorize the Commission to make grants to eligible entities to carry out service opportunities on Martin Luther King, Jr.'s birthday. Authorizes appropriations.","title":"King Holiday and Service Act of 1993","text_len":6135,"sum_len":427} {"bill_id":"107_hr1009","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Business Checking Freedom Act of \n2002''.\n\nSEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.\n\n (a) Repeal of Prohibition on Payment of Interest on Demand \nDeposits.--\n (1) Federal reserve act.--Section 19(i) of the Federal \n Reserve Act (12 U.S.C. 371a) is amended to read as follows:\n ``(i) [Repealed]''.\n (2) Home owners' loan act.--The first sentence of section \n 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. \n 1464(b)(1)(B)) is amended by striking ``savings association may \n not--'' and all that follows through ``(ii) permit any'' and \n inserting ``savings association may not permit any''.\n (3) Federal deposit insurance act.--Section 18(g) of the \n Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to \n read as follows:\n ``(g) [Repealed]''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect at the end of the 2-year period beginning on the date of \nthe enactment of this Act.\n\nSEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL \n BUSINESSES.\n\n Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--\n (1) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (2) by inserting after subsection (a) the following:\n ``(b) Notwithstanding any other provision of law, any depository \ninstitution may permit the owner of any deposit or account which is a \ndeposit or account on which interest or dividends are paid and is not a \ndeposit or account described in subsection (a)(2) to make up to 24 \ntransfers per month (or such greater number as the Board of Governors \nof the Federal Reserve System may determine by rule or order), for any \npurpose, to another account of the owner in the same institution. An \naccount offered pursuant to this subsection shall be considered a \ntransaction account for purposes of section 19 of the Federal Reserve \nAct unless the Board of Governors of the Federal Reserve System \ndetermines otherwise.''.\n\nSEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In General.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a depository \n institution may receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate or rates not to exceed the general \n level of short-term interest rates.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(A), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions.\n ``(C) Depository institutions defined.--For \n purposes of this paragraph, the term `depository \n institution', in addition to the institutions described \n in paragraph (1)(A), includes any trust company, \n corporation organized under section 25A or having an \n agreement with the Board under section 25, or any \n branch or agency of a foreign bank (as defined in \n section 1(b) of the International Banking Act of \n 1978).''.\n (b) Authorization for Pass Through Reserves for Member Banks.--\nSection 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) \nis amended by striking ``which is not a member bank''.\n (c) Consumer Banking Costs Assessment.--\n (1) In general.--Section 1002 of the Financial Institutions \n Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 \n note) is amended to read as follows:\n\n``SEC. 1002. SURVEY OF BANK FEES AND SERVICES.\n\n ``(a) Annual Survey Required.--The Board of Governors of the \nFederal Reserve System shall obtain annually a sample, which is \nrepresentative by type and size of the institution (including small \ninstitutions) and geographic location, of the following retail banking \nservices and products provided by insured depository institutions and \ninsured credit unions (along with related fees and minimum balances):\n ``(1) Checking and other transaction accounts.\n ``(2) Negotiable order of withdrawal and savings accounts.\n ``(3) Automated teller machine transactions.\n ``(4) Other electronic transactions.\n ``(b) Minimum Survey Requirement.--The annual survey described in \nsubsection (a) shall meet the following minimum requirements:\n ``(1) Checking and other transaction accounts.--Data on \n checking and transaction accounts shall include, at a minimum, \n the following:\n ``(A) Monthly and annual fees and minimum balances \n to avoid such fees.\n ``(B) Minimum opening balances.\n ``(C) Check processing fees.\n ``(D) Check printing fees.\n ``(E) Balance inquiry fees.\n ``(F) Fees imposed for using a teller or other \n institution employee.\n ``(G) Stop payment order fees.\n ``(H) Nonsufficient fund fees.\n ``(I) Overdraft fees.\n ``(J) Deposit items returned fees.\n ``(K) Availability of no-cost or low-cost accounts \n for consumers who maintain low balances.\n ``(2) Negotiable order of withdrawal accounts and savings \n accounts.--Data on negotiable order of withdrawal accounts and \n savings accounts shall include, at a minimum, the following:\n ``(A) Monthly and annual fees and minimum balances \n to avoid such fees.\n ``(B) Minimum opening balances.\n ``(C) Rate at which interest is paid to consumers.\n ``(D) Check processing fees for negotiable order of \n withdrawal accounts.\n ``(E) Fees imposed for using a teller or other \n institution employee.\n ``(F) Availability of no-cost or low-cost accounts \n for consumers who maintain low balances.\n ``(3) Automated teller transactions.--Data on automated \n teller machine transactions shall include, at a minimum, the \n following:\n ``(A) Monthly and annual fees.\n ``(B) Card fees.\n ``(C) Fees charged to customers for withdrawals, \n deposits, and balance inquiries through institution-\n owned machines.\n ``(D) Fees charged to customers for withdrawals, \n deposits, and balance inquiries through machines owned \n by others.\n ``(E) Fees charged to noncustomers for withdrawals, \n deposits, and balance inquiries through institution-\n owned machines.\n ``(F) Point-of-sale transaction fees.\n ``(4) Other electronic transactions.--Data on other \n electronic transactions shall include, at a minimum, the \n following:\n ``(A) Wire transfer fees.\n ``(B) Fees related to payments made over the \n Internet or through other electronic means.\n ``(5) Other fees and charges.--Data on any other fees and \n charges that the Board of Governors of the Federal Reserve \n System determines to be appropriate to meet the purposes of \n this section.\n ``(6) Federal reserve board authority.--The Board of \n Governors of the Federal Reserve System may cease the \n collection of information with regard to any particular fee or \n charge specified in this subsection if the Board makes a \n determination that, on the basis of changing practices in the \n financial services industry, the collection of such information \n is no longer necessary to accomplish the purposes of this \n section.\n ``(c) Annual Report to Congress Required.--\n ``(1) Preparation.--The Board of Governors of the Federal \n Reserve System shall prepare a report of the results of each \n survey conducted pursuant to subsections (a) and (b) of this \n section and section 136(b)(1) of the Consumer Credit Protection \n Act.\n ``(2) Contents of the report.--In addition to the data \n required to be collected pursuant to subsections (a) and (b), \n each report prepared pursuant to paragraph (1) shall include a \n description of any discernible trend, in the Nation as a whole, \n in a representative sample of the 50 States (selected with due \n regard for regional differences), and in each consolidated \n metropolitan statistical area (as defined by the Director of \n the Office of Management and Budget), in the cost and \n availability of the retail banking services, including those \n described in subsections (a) and (b) (including related fees \n and minimum balances), that delineates differences between \n institutions on the basis of the type of institution and the \n size of the institution, between large and small institutions \n of the same type, and any engagement of the institution in \n multistate activity.\n ``(3) Submission to congress.--The Board of Governors of \n the Federal Reserve System shall submit an annual report to the \n Congress not later than June 1, 2004, and not later than June 1 \n of each subsequent year.\n ``(4) Transition provision.--Notwithstanding section \n 4(c)(3) of the Business Checking Freedom Act of 2002, the Board \n of Governors of the Federal Reserve System shall, on an interim \n basis, continue to comply with the requirements for the bank \n fee survey under the amendment made to this section by section \n 108 of the Riegle-Neal Interstate Banking and Branching \n Efficiency Act of 1994 for reports submitted to the Congress \n under this section not later than June 1, 2003, except that the \n Board shall incorporate within any such report, to the extent \n possible, any additional information on any credit card fee or \n charge that is available to the Board even though such \n information is not required by such amendment.\n ``(d) Definitions.--For purposes of this section, the term \n``insured depository institution'' has the meaning given such term in \nsection 3 of the Federal Deposit Insurance Act, and the term ``insured \ncredit union'' has the meaning given such term in section 101 of the \nFederal Credit Union Act.''.\n (2) Amendment to the truth in lending act.--\n (A) In general.--Paragraph (1) of section 136(b) of \n the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is \n amended to read as follows:\n ``(1) Collection required.--The Board shall collect, on a \n semiannual basis, from a broad sample of financial institutions \n which offer credit card services, credit card price and \n availability information including--\n ``(A) the information required to be disclosed \n under section 127(c) of this chapter;\n ``(B) the average total amount of finance charges \n paid by consumers; and\n ``(C) the following credit card rates and fees:\n ``(i) Application fees.\n ``(ii) Annual percentage rates for cash \n advances and balance transfers.\n ``(iii) Maximum annual percentage rate that \n may be charged when an account is in default.\n ``(iv) Fees for the use of convenience \n checks.\n ``(v) Fees for balance transfers.\n ``(vi) Fees for foreign currency \n conversions.''.\n (B) Effective date.--The amendment made by \n subparagraph (A) shall take effect on January 1, 2003.\n (3) Repeal of sunset provision.--Section 108 of the Riegle-\n Neal Interstate Banking and Branching Efficiency Act of 1994 is \n hereby repealed.\n (4) Nonapplicability of other provision of law.--Section \n 3003(a)(1) of the Federal Reports Elimination and Sunset Act of \n 1995 (31 U.S.C. 1113 note) shall not apply to any report \n required to be submitted under section 1002(b) of Financial \n Institutions Reform, Recovery, and Enforcement Act of 1989.\n (d) Technical and Conforming Amendments.--Section 19 of the Federal \nReserve Act (12 U.S.C. 461) is amended--\n (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking \n subparagraph (C) and redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively; and\n (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by \n striking ``subsection (b)(4)(C)'' and inserting ``subsection \n (b)''.\n\nSEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE \n REQUIREMENTS.\n\n Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. \n461(b)(2)(A)) is amended--\n (1) in clause (i), by striking ``the ratio of 3 per \n centum'' and inserting ``a ratio not greater than 3 percent \n (and which may be zero)''; and\n (2) in clause (ii), by striking ``and not less than 8 per \n centum,'' and inserting ``(and which may be zero),''.\n\nSEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES.\n\n (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. \n289(b)) is amended by adding at the end the following new paragraph:\n ``(4) Additional transfers to cover interest payments for \n fiscal years 2002 through 2006.--\n ``(A) In general.--In addition to the amounts \n required to be transferred from the surplus funds of \n the Federal reserve banks pursuant to subsection \n (a)(3), the Federal reserve banks shall transfer from \n such surplus funds to the Board of Governors of the \n Federal Reserve System for transfer to the Secretary of \n the Treasury for deposit in the general fund of the \n Treasury, such sums as are necessary to equal the net \n cost of section 19(b)(12) in each of the fiscal years \n 2002 through 2006.\n ``(B) Allocation by federal reserve board.--Of the \n total amount required to be paid by the Federal reserve \n banks under subparagraph (A) for fiscal years 2002 \n through 2006, the Board of Governors of the Federal \n Reserve System shall determine the amount each such \n bank shall pay in such fiscal year.\n ``(C) Replenishment of surplus fund prohibited.--\n During fiscal years 2002 through 2006, no Federal \n reserve bank may replenish such bank's surplus fund by \n the amount of any transfer by such bank under \n subparagraph (A).''.\n (b) Technical and Conforming Amendment.--Section 7(a) of the \nFederal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end \nthe following new paragraph:\n ``(3) Payment to treasury.--During fiscal years 2002 \n through 2006, any amount in the surplus fund of any Federal \n reserve bank in excess of the amount equal to 3 percent of the \n paid-in capital and surplus of the member banks of such bank \n shall be transferred to the Secretary of the Treasury for \n deposit in the general fund of the Treasury.''.\n\nSEC. 7. RULE OF CONSTRUCTION.\n\n In the case of an escrow account maintained at a depository \ninstitution in connection with a real estate transaction--\n (1) the absorption, by the depository institution, of \n expenses incidental to providing a normal banking service with \n respect to such escrow account;\n (2) the forbearance, by the depository institution, from \n charging a fee for providing any such banking function; and\n (3) any benefit which may accrue to the holder or the \n beneficiary of such escrow account as a result of an action of \n the depository institution described in subparagraph (1) or (2) \n or similar in nature to such action,\nshall not be treated as the payment or receipt of interest for purposes \nof this Act and any provision of Public Law 93-100, the Federal Reserve \nAct, the Home Owners' Loan Act, or the Federal Deposit Insurance Act \nrelating to the payment of interest on accounts or deposits at \ndepository institutions.\n\n Passed the House of Representatives April 9, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Business Checking Freedom Act of 2002 - Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Makes such repeal effective two years from the date of enactment. Authorizes interest-bearing transaction accounts for businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board to another account of the owner in the same institution. Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution. Revises the requirements for the annual survey of bank fees and services by the Board to specify the inclusion of: (1) checking and other transaction accounts, (2) negotiable order of withdrawal and savings accounts, (3) automated teller machine transactions. And (4) other electronic transactions. Establishes minimum survey requirements for each such account or transaction area. Requires such survey to address minimum balance requirements as well as fees. Amends the Truth in Lending Act to revise the requirements for the semiannual survey of credit card price and availability information to specify the inclusion of certain information, including finance charges, annual percentage rates, and various fees. Requires the Board to report annually to Congress on the results of both surveys. Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 to repeal the termination date for and so continue the annual survey by the Board of certain retail banking services provided by insured depository institutions. Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero. Directs the Federal reserve banks in FY 2002 through 2006 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions. Provides a rule of construction for escrow accounts maintained at a depository institution in connection with a real estate transaction. Declares that the institution's absorption of expenses or forbearance in charging a fee or other benefit should not be treated as the payment or receipt of interest.","title":"To repeal the prohibition on the payment of interest on demand deposits.","text_len":18553,"sum_len":2408} {"bill_id":"104_s557","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Derivatives Limitations Act of \n1995''.\n\nSEC. 2. INSURED DEPOSITORY INSTITUTIONS.\n\n The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is \namended by adding at the end the following new section:\n\n``SEC. 45. DERIVATIVE INSTRUMENTS.\n\n ``(a) Derivatives Activities.--\n ``(1) General prohibition.--Except as provided in paragraph \n (2), neither an insured depository institution, nor any \n affiliate thereof, may purchase, sell, or engage in any \n transaction involving a derivative financial instrument for the \n account of that institution or affiliate.\n ``(2) Exceptions.--\n ``(A) Hedging transactions.--An insured depository \n institution may purchase, sell, or engage in hedging \n transactions to the extent that such activities are \n approved by rule, regulation, or order of the \n appropriate Federal banking agency issued in accordance \n with paragraph (3).\n ``(B) Separately capitalized affiliate.--A \n separately capitalized affiliate of an insured \n depository institution that is not itself an insured \n depository institution may purchase, sell, or engage in \n a transaction involving a derivative financial \n instrument if such affiliate complies with all rules, \n regulations, or orders of the appropriate Federal \n banking agency issued in accordance with paragraph (3).\n ``(C) De minimis interests.--An insured depository \n institution may purchase, sell, or engage in \n transactions involving de minimis interests in \n derivative financial instruments for the account of \n that institution to the extent that such activity is \n defined and approved by rule, regulation, or order of \n the appropriate Federal banking agency issued in \n accordance with paragraph (3).\n ``(D) Existing interests.--During the 3-month \n period beginning on the date of enactment of this \n section, nothing in this section shall be construed--\n ``(i) as affecting an interest of an \n insured depository institution in any \n derivative financial instrument that existed on \n the date of enactment of this section; or\n ``(ii) as restricting the ability of the \n institution to acquire reasonably related \n interests in other derivative financial \n instruments for the purpose of resolving or \n terminating an interest of the institution in \n any derivative financial instrument that \n existed on the date of enactment of this \n section.\n ``(3) Issuance of rules, regulations, and orders.--The \n appropriate Federal banking agency shall issue appropriate \n rules, regulations, and orders governing the exceptions \n provided for in paragraph (2), including--\n ``(A) appropriate public notice requirements;\n ``(B) a requirement that any affiliate described in \n paragraph (2)(B) shall clearly and conspicuously notify \n the public that none of the assets of the affiliate, \n nor the risk of loss associated with the transaction \n involving a derivative financial instrument, are \n insured under Federal law or otherwise guaranteed by \n the Federal Government or the parent company of the \n affiliate; and\n ``(C) any other requirements that the appropriate \n Federal banking agency considers to be appropriate.\n ``(b) Definitions.--For purposes of this section--\n ``(1) the term `derivative financial instrument' means--\n ``(A) an instrument the value of which is derived \n from the value of stocks, bonds, other loan \n instruments, other assets, interest or currency \n exchange rates, or indexes, including qualified \n financial contracts (as defined in section 11(e)(8)); \n and\n ``(B) any other instrument that an appropriate \n Federal banking agency determines, by regulation or \n order, to be a derivative financial instrument for \n purposes of this section; and\n ``(2) the term `hedging transaction' means any transaction \n involving a derivative financial instrument if--\n ``(A) such transaction is entered into in the \n normal course of the institution's business primarily--\n ``(i) to reduce risk of price change or \n currency fluctuations with respect to property \n that is held or to be held by the institution; \n or\n ``(ii) to reduce risk of interest rate or \n price changes or currency fluctuations with \n respect to loans or other investments made or \n to be made, or obligations incurred or to be \n incurred, by the institution; and\n ``(B) before the close of the day on which such \n transaction was entered into (or such earlier time as \n the appropriate Federal banking agency may prescribe by \n regulation), the institution clearly identifies such \n transaction as a hedging transaction.''.\n\nSEC. 3. INSURED CREDIT UNIONS.\n\n Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) \nis amended by adding at the end the following new section:\n\n``SEC. 215. DERIVATIVE INSTRUMENTS.\n\n ``(a) Derivative Activities.--Except as provided in subsection (b), \nneither an insured credit union, nor any affiliate thereof, may \npurchase, sell, or engage in any transaction involving a derivative \nfinancial instrument.\n ``(b) Applicability of Section 44 of the Federal Deposit Insurance \nAct.--Section 44 of the Federal Deposit Insurance Act shall apply with \nrespect to insured credit unions and affiliates thereof and to the \nBoard in the same manner that such section applies to insured \ndepository institutions and affiliates thereof (as those terms are \ndefined in section 3 of that Act) and shall be enforceable by the Board \nwith respect to insured credit unions and affiliates under this Act.\n ``(c) Derivative Financial Instrument.--For purposes of this \nsection, the term `derivative financial instrument' means--\n ``(1) an instrument the value of which is derived from the \n value of stocks, bonds, other loan instruments, other assets, \n interest or currency exchange rates, or indexes, including \n qualified financial contracts (as such term is defined in \n section 207(c)(8)(D)); and\n ``(2) any other instrument that the Board determines, by \n regulation or order, to be a derivative financial instrument \n for purposes of this section.''.\n\nSEC. 4. BANK HOLDING COMPANIES.\n\n Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842) \nis amended by adding at the end the following new subsection:\n ``(h) Derivatives Activities.--\n ``(1) In general.--A subsidiary of a bank holding company \n may purchase, sell, or engage in any transaction involving a \n derivative financial instrument for the account of that \n subsidiary if that subsidiary--\n ``(A) is not an insured depository institution or a \n subsidiary of an insured depository institution; and\n ``(B) is separately capitalized from any affiliated \n insured depository institution.\n ``(2) Applicability of section 44 of the federal deposit \n insurance act.--Section 44 of the Federal Deposit Insurance Act \n shall apply with respect to bank holding companies and the \n Board in the same manner that those subsections apply to an \n insured depository institution (as such term is defined in \n section 3 of that Act) and shall be enforceable by the Board \n with respect to bank holding companies under this Act.\n ``(3) Derivative financial instrument.--For purposes of \n this subsection, the term `derivative financial instrument' \n means--\n ``(A) an instrument the value of which is derived \n from the value of stocks, bonds, other loan \n instruments, other assets, interest or currency \n exchange rates, or indexes, including qualified \n financial contracts (as such term is defined in section \n 207(c)(8)(D)); and\n ``(B) any other instrument that the Board \n determines, by regulation or order, to be a derivative \n financial instrument for purposes of this \n subsection.''.","summary":"Derivatives Limitations Act of 1995 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from engaging in any transaction involving a derivative financial instrument either for its own account, or that of an affiliate. Permits exceptions for: (1) hedging transactions, (2) a separately capitalized affiliate of an insured depository institution. And (3) transactions involving de minimis interest in derivative financial instruments sanctioned by a Federal banking regulatory agency. Requires the appropriate Federal banking agency to promulgate rules governing such exceptions. Amends the Federal Credit Union Act to prohibit an insured credit union and any affiliates from engaging in derivative financial instruments transactions. Subjects credit unions and their affiliates to the interstate bank merger provisions of the Federal Deposit Insurance Act. Amends the Bank Holding Company Act of 1956 to allow a bank holding company subsidiary to engage in derivative financial instrument transactions for its own account if it: (1) is not an insured depository institution or a subsidiary of one. And (2) is separately capitalized from any affiliated insured depository institution. Subjects bank holding companies to the interstate bank merger provisions of the Federal Deposit Insurance Act.","title":"Derivatives Limitations Act of 1995","text_len":9496,"sum_len":1330} {"bill_id":"108_hr1030","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HUD Programs Information \nVerification Act''.\n\nSEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES.\n\n (a) Information Comparisons for Public and Assisted Housing \nPrograms.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) \nis amended by adding at the end the following new paragraph:\n ``(7) Information comparisons for housing assistance \n programs.--\n ``(A) Furnishing of information by hud.--Subject to \n subparagraph (G), the Secretary of Housing and Urban \n Development shall furnish to the Secretary, on such \n periodic basis as determined by the Secretary of \n Housing and Urban Development in consultation with the \n Secretary, information in the custody of the Secretary \n of Housing and Urban Development for comparison with \n information in the National Directory of New Hires, in \n order to obtain information in such Directory with \n respect to individuals who are participating in any \n program under--\n ``(i) the United States Housing Act of 1937 \n (42 U.S.C. 1437 et seq.);\n ``(ii) section 202 of the Housing Act of \n 1959 (12 U.S.C. 1701q);\n ``(iii) section 221(d)(3), 221(d)(5), or \n 236 of the National Housing Act (12 U.S.C. \n 1715l(d) and 1715z-1);\n ``(iv) section 811 of the Cranston-Gonzalez \n National Affordable Housing Act (42 U.S.C. \n 8013); or\n ``(v) section 101 of the Housing and Urban \n Development Act of 1965 (12 U.S.C. 1701s).\n ``(B) Requirement to seek minimum information.--The \n Secretary of Housing and Urban Development shall seek \n information pursuant to this section only to the extent \n necessary to verify the employment and income of \n individuals described in subparagraph (A).\n ``(C) Duties of the secretary.--\n ``(i) Information disclosure.--The \n Secretary, in cooperation with the Secretary of \n Housing and Urban Development, shall compare \n information in the National Directory of New \n Hires with information provided by the \n Secretary of Housing and Urban Development with \n respect to individuals described in \n subparagraph (A), and shall disclose \n information in such Directory regarding such \n individuals to the Secretary of Housing and \n Urban Development, in accordance with this \n paragraph, for the purposes specified in this \n paragraph.\n ``(ii) Condition on disclosure.--The \n Secretary shall make disclosures in accordance \n with clause (i) only to the extent that the \n Secretary determines that such disclosures do \n not interfere with the effective operation of \n the program under this part.\n ``(D) Use of information by hud.--The Secretary of \n Housing and Urban Development may use information \n resulting from a data match pursuant to this paragraph \n only--\n ``(i) for the purpose of verifying the \n employment and income of individuals described \n in subparagraph (A); and\n ``(ii) after removal of personal \n identifiers, to conduct analyses of the \n employment and income reporting of individuals \n described in subparagraph (A).\n ``(E) Disclosure of information by hud.--\n ``(i) Purpose of disclosure.--The Secretary \n of Housing and Urban Development may make a \n disclosure under this subparagraph only for the \n purpose of verifying the employment and income \n of individuals described in subparagraph (A).\n ``(ii) Disclosures permitted.--Subject to \n clause (iii), the Secretary of Housing and \n Urban Development may disclose information \n resulting from a data match pursuant to this \n paragraph only to a public housing agency, the \n Inspector General of the Department of Housing \n and Urban Development, and the Attorney General \n in connection with the administration of a \n program described in subparagraph (A). \n Information obtained by the Secretary of \n Housing and Urban Development pursuant to this \n paragraph shall not be made available under \n section 552 of title 5, United States Code.\n ``(iii) Conditions on disclosure.--\n Disclosures under this paragraph shall be--\n ``(I) made in accordance with data \n security and control policies \n established by the Secretary of Housing \n and Urban Development and approved by \n the Secretary;\n ``(II) subject to audit in a manner \n satisfactory to the Secretary; and\n ``(III) subject to the sanctions \n under subsection (l)(2).\n ``(iv) Additional disclosures.--\n ``(I) Determination by \n secretaries.--The Secretary of Housing \n and Urban Development and the Secretary \n shall determine whether to permit \n disclosure of information under this \n paragraph to persons or entities \n described in subclause (II), based on \n an evaluation made by the Secretary of \n Housing and Urban Development (in \n consultation with and approved by the \n Secretary), of the costs and benefits \n of disclosures made under clause (ii) \n and the adequacy of measures used to \n safeguard the security and \n confidentiality of information so \n disclosed.\n ``(II) Permitted persons or \n entities.--If the Secretary of Housing \n and Urban Development and the Secretary \n determine pursuant to subclause (I) \n that disclosures to additional persons \n or entities shall be permitted, \n information under this paragraph may be \n disclosed by the Secretary of Housing \n and Urban Development to a private \n owner, a management agent, and a \n contract administrator in connection \n with the administration of a program \n described in subparagraph (A), subject \n to the conditions in clause (iii) and \n such additional conditions as agreed to \n by the Secretaries.\n ``(v) Restrictions on redisclosure.--A \n person or entity to which information is \n disclosed under this subparagraph may use or \n disclose such information only as needed for \n verifying the employment and income of \n individuals described in subparagraph (A), \n subject to the conditions in clause (iii) and \n such additional conditions as agreed to by the \n Secretaries.\n ``(F) Reimbursement of hhs costs.--The Secretary of \n Housing and Urban Development shall reimburse the \n Secretary, in accordance with subsection (k)(3), for \n the costs incurred by the Secretary in furnishing the \n information requested under this paragraph.\n ``(G) Consent.--The Secretary of Housing and Urban \n Development shall not seek, use, or disclose \n information under this paragraph relating to an \n individual without the prior written consent of such \n individual (or of a person legally authorized to \n consent on behalf of such individual).''.\n (b) Consent to Information Comparison and Use as Condition of Hud \nProgram Eligibility.--As a condition of participating in any program \nauthorized under--\n (1) the United States Housing Act of 1937 (42 U.S.C. 1437 \n et seq.);\n (2) section 202 of the Housing Act of 1959 (12 U.S.C. \n 1701q);\n (3) section 221(d)(3), 221(d)(5), or 236 of the National \n Housing Act (12 U.S.C. 1715l(d) and 1715z-1);\n (4) section 811 of the Cranston-Gonzalez National \n Affordable Housing Act (42 U.S.C. 8013); or\n (5) section 101 of the Housing and Urban Development Act of \n 1965 (12 U.S.C. 1701s),\nthe Secretary of Housing and Urban Development may require consent by \nan individual (or by a person legally authorized to consent on behalf \nof such individual) for such Secretary to obtain, use, and disclose \ninformation with respect to such individual in accordance with section \n453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).","summary":"HUD Programs Information Verification Act - Amends part D of title IV of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires. Sets forth data disclosure and use limitations.","title":"To reduce overpayments of subsidies in Department of Housing and Urban Development housing assistance programs by providing for more accurate verification of employment and income of participants in such programs.","text_len":10868,"sum_len":372} {"bill_id":"113_hr5081","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Child Welfare Response \nto Trafficking Act of 2014''.\n\nSEC. 2. CAPTA AMENDMENTS.\n\n Section 106 of the Child Abuse Prevention and Treatment Act (42 \nU.S.C. 5106a) is amended--\n (1) in subsection (b)--\n (A) in paragraph (2)(B)--\n (i) by striking ``and'' at the end of \n clause (xxii); and\n (ii) by adding at the end the following:\n ``(xxiv) provisions and procedures to \n identify and assess reports involving children \n who are sex trafficking victims, and which may \n include provisions and procedures to identify \n and assess reports involving children who are \n victims of severe forms of trafficking in \n persons described in section of 103(9)(B) of \n the Trafficking Victims Protection Act of 2000 \n (22 U.S.C. 7102(9)(B));\n ``(xxv) provisions and procedures for \n training representatives of the State child \n protective services systems about identifying \n and assessing children who are sex trafficking \n victims, and which may include provisions and \n procedures for such training with respect to \n children who are victims of severe forms of \n trafficking in persons described in section of \n 103(9)(B) of the Trafficking Victims Protection \n Act of 2000 (22 U.S.C. 7102(9)(B)); and\n ``(xxvi) provisions and procedures for \n identifying services (including the services \n provided by State law enforcement officials, \n the State juvenile justice system, and social \n service agencies, such as runaway and homeless \n youth shelters) and procedures for appropriate \n referral to address the needs of children who \n are sex trafficking victims, and which may \n include provisions and procedures for the \n identification of such services and procedures \n with respect to children who are victims of \n severe forms of trafficking in persons \n described in section of 103(9)(B) of the \n Trafficking Victims Protection Act of 2000 (22 \n U.S.C. 7102(9)(B));'';\n (B) in paragraph (2)(D)--\n (i) by striking ``and'' at the end of \n clause (v);\n (ii) by inserting ``and'' at the end of \n clause (vi); and\n (iii) by adding at the end the following:\n ``(vii) the provisions and procedures \n described in clauses (xxiv) and (xxvi) of \n subparagraph (B);''; and\n (C) in paragraph (4)--\n (i) by striking ``and'' at the end of \n subparagraph (A);\n (ii) by striking the period at the end of \n subparagraph (B) and inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(C) Sex trafficking victim.--The term `sex \n trafficking victim' means a victim of--\n ``(i) sex trafficking (as defined in \n section 103(10) of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7102(10))); \n or\n ``(ii) a severe form of trafficking in \n persons described in section 103(9)(A) of such \n Act (22 U.S.C. 7102(9)(A)).''; and\n (2) in subsection (d), by adding at the end the following:\n ``(17) The number of children identified under clause \n (xxiv) of subsection (b)(2)(B), and of such children--\n ``(A) the number identified as sex trafficking \n victims (as defined in subsection (b)(4)(C)); and\n ``(B) in the case of a State that has provisions \n and procedures to identify children who are victims of \n severe forms of trafficking in persons described in \n section 103(9)(B) of the Trafficking Victims Protection \n Act of 2000 (22 U.S.C. 7102(9)(B)), the number so \n identified.''.\n\nSEC. 3. REPORT TO CONGRESS.\n\n (a) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of Health and Human Services shall submit to \nthe Committee on Education and the Workforce of the House of \nRepresentatives and the Committee on Health, Education, Labor, and \nPension of the Senate, a report that--\n (1) describes the specific type and prevalence of severe \n form of trafficking in persons to which children who are \n identified for services or intervention under the placement, \n care, or supervision of State, Indian tribe, or tribal \n organization child welfare agencies have been subjected as of \n the date of enactment of this Act;\n (2) summarizes the practices and protocols utilized by \n States to identify and serve--\n (A) under section 106(b)(2)(B) of the Child Abuse \n Prevention and Treatment Act (42 U.S.C. \n 5106a(b)(2)(B)), children who are victims of \n trafficking; and\n (B) children who are at risk of becoming victims of \n trafficking; and\n (3) specifies any barriers in Federal laws or regulations \n that may prevent identification and assessment of children who \n are victims of trafficking, including an evaluation of the \n extent to which States are able to address the needs of such \n trafficked children without altering the definition of child \n abuse and neglect under section 3 of the Child Abuse Prevention \n and Treatment Act (42 U.S.C. 5101 note).\n (b) Definitions.--For purposes of this section:\n (1) Severe form of trafficking in persons.--The term \n ``severe form of trafficking in persons'' has the meaning given \n the term in section 103(9) of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7102(9)).\n (2) Victim of trafficking.--The term ``victim of \n trafficking'' has the meaning given the term in section 103(15) \n of the Trafficking Victims Protection Act of 2000 (22 U.S.C. \n 7102(15)).\n\n Passed the House of Representatives July 25, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Strengthening Child Welfare Response to Trafficking Act of 2014 - Amends the Child Abuse Prevention and Treatment Act to condition eligibility to receive a state grant for child abuse or neglect prevention and treatment programs on inclusion in the state plan of a certification by the governor that the state has in effect and is enforcing a state law, or is operating a statewide program, that includes provisions and procedures to: (1) identify and assess reports involving children who are sex trafficking victims , (2) train representatives of the state child protective services about identifying and assessing such children, and (3) identify services and procedures for appropriate referral to address the needs of such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on: (1) the specific type and prevalence of severe forms of trafficking in persons to which children have been subjected who are identified for services or intervention under the placement, care, or supervision of state, Indian tribe, or tribal organization child welfare agencies. (2) the practices and protocols utilized by states to identify and serve children who are, or are at-risk of becoming, victims of trafficking. And (3) any barriers in federal laws or regulations that may prevent identification and assessment of children who are such victims.","title":"Strengthening Child Welfare Response to Trafficking Act of 2014","text_len":7374,"sum_len":1373} {"bill_id":"110_hr1418","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Traumatic Brain Injury Act of \n2008''.\n\nSEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.\n\n Part J of title III of the Public Health Service Act (42 U.S.C. \n280b et seq.) is amended--\n (1) by redesignating the section 393B (42 U.S.C. 280b-1c) \n relating to the use of allotments for rape prevention \n education, as section 393A and moving such section so that it \n follows section 393;\n (2) by redesignating existing section 393A (42 U.S.C. 280b-\n 1b) relating to prevention of traumatic brain injury, as \n section 393B; and\n (3) by redesignating the section 393B (42 U.S.C. 280b-1d) \n relating to traumatic brain injury registries, as section 393C.\n\nSEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE \n CONTROL AND PREVENTION.\n\n (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section \n393B(b)(3)(A) of the Public Health Service Act, as so redesignated, (42 \nU.S.C. 280b-1b) is amended by striking ``from hospitals and trauma \ncenters'' and inserting ``from hospitals and emergency departments''.\n (b) National Program for Traumatic Brain Injury Surveillance and \nRegistries.--Section 393C of the Public Health Service Act, as so \nredesignated, (42 U.S.C. 280b et seq.) is amended--\n (1) in the section heading, by inserting ``surveillance \n and'' after ``national program for traumatic brain injury''; \n and\n (2) in subsection (a), in the matter preceding paragraph \n (1), by striking ``may make grants'' and all that follows \n through ``to collect data concerning--'' and inserting ``may \n make grants to States or their designees to develop or operate \n the State's traumatic brain injury surveillance system or \n registry to determine the incidence and prevalence of traumatic \n brain injury and related disability, to ensure the uniformity \n of reporting under such system or registry, to link individuals \n with traumatic brain injury to services and supports, and to \n link such individuals with academic institutions to conduct \n applied research that will support the development of such \n surveillance systems and registries as may be necessary. A \n surveillance system or registry under this section shall \n provide for the collection of data concerning--''.\n (c) Report.--Section 393C of the Public Health Service Act (as so \nredesignated) is amended by adding at the end the following:\n ``(b) Not later than 18 months after the date of enactment of the \nTraumatic Brain Injury Act of 2008, the Secretary, acting through the \nDirector of the Centers for Disease Control and Prevention and the \nDirector of the National Institutes of Health and in consultation with \nthe Secretary of Defense and the Secretary of Veterans Affairs, shall \nsubmit to the relevant committees of Congress a report that contains \nthe findings derived from an evaluation concerning activities and \nprocedures that can be implemented by the Centers for Disease Control \nand Prevention to improve the collection and dissemination of \ncompatible epidemiological studies on the incidence and prevalence of \ntraumatic brain injury in those with traumatic brain injury who were \nformerly in the military. The report shall include recommendations on \nthe manner in which such agencies can further collaborate on the \ndevelopment and improvement of traumatic brain injury diagnostic tools \nand treatments.''.\n\nSEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.\n\n Part J of title III of the Public Health Service Act (42 U.S.C. \n280b et seq.) is amended by inserting after section 393C, as so \nredesignated, the following:\n\n``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.\n\n ``(a) Study.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention with respect to paragraph \n(1) and in consultation with the Director of the National Institutes of \nHealth and other appropriate entities with respect to paragraphs (2), \n(3), and (4), may conduct a study with respect to traumatic brain \ninjury for the purpose of carrying out the following:\n ``(1) In collaboration with appropriate State and local \n health-related agencies--\n ``(A) determining the incidence of traumatic brain \n injury and prevalence of traumatic brain injury related \n disability and the clinical aspects of the disability \n in all age groups and racial and ethnic minority groups \n in the general population of the United States, \n including institutional settings, such as nursing \n homes, correctional facilities, psychiatric hospitals, \n child care facilities, and residential institutes for \n people with developmental disabilities; and\n ``(B) reporting national trends in traumatic brain \n injury.\n ``(2) Identifying common therapeutic interventions which \n are used for the rehabilitation of individuals with such \n injuries, and, subject to the availability of information, \n including an analysis of--\n ``(A) the effectiveness of each such intervention \n in improving the functioning, including return to work \n or school and community participation, of individuals \n with brain injuries;\n ``(B) the comparative effectiveness of \n interventions employed in the course of rehabilitation \n of individuals with brain injuries to achieve the same \n or similar clinical outcome; and\n ``(C) the adequacy of existing measures of outcomes \n and knowledge of factors influencing differential \n outcomes.\n ``(3) Identifying interventions and therapies that can \n prevent or remediate the development of secondary neurologic \n conditions related to traumatic brain injury.\n ``(4) Developing practice guidelines for the rehabilitation \n of traumatic brain injury at such time as appropriate \n scientific research becomes available.\n ``(b) Dates Certain for Reports.--If the study is conducted under \nsubsection (a), the Secretary shall, not later than 3 years after the \ndate of the enactment of the Traumatic Brain Injury Act of 2008, submit \nto Congress a report describing findings made as a result of carrying \nout such subsection (a).\n ``(c) Definition.--For purposes of this section, the term \n`traumatic brain injury' means an acquired injury to the brain. Such \nterm does not include brain dysfunction caused by congenital or \ndegenerative disorders, nor birth trauma, but may include brain \ninjuries caused by anoxia due to trauma including near drowning. The \nSecretary may revise the definition of such term as the Secretary \ndetermines necessary.''.\n\nSEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES OF \n HEALTH.\n\n Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) \nis amended--\n (1) in subsection (b)(2), by striking ``Labor and Human \n Resources'' and inserting ``Health, Education, Labor, and \n Pensions'';\n (2) in subparagraph (D) of subsection (d)(4), by striking \n ``head brain injury'' and inserting ``brain injury''; and\n (3) in subsection (i), by inserting ``, and such sums as \n may be necessary for each of the fiscal years 2009 through \n 2012'' before the period at the end.\n\nSEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES AND \n SERVICES ADMINISTRATION.\n\n (a) State Grants for Demonstration Projects Regarding Traumatic \nBrain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C. \n300d-52) is amended--\n (1) in subsection (a)--\n (A) by striking ``may make grants to States'' and \n inserting ``may make grants to States and American \n Indian consortia''; and\n (B) by striking ``health and other services'' and \n inserting ``rehabilitation and other services'';\n (2) in subsection (b)--\n (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and \n (3)(A)(iv), by striking the term ``State'' each place \n such term appears and inserting the term ``State or \n American Indian consortium''; and\n (B) in paragraph (2), by striking ``recommendations \n to the State'' and inserting ``recommendations to the \n State or American Indian consortium'';\n (3) in subsection (c)(1), by striking the term ``State'' \n each place such term appears and inserting ``State or American \n Indian consortium'';\n (4) in subsection (e), by striking ``A State that \n received'' and all that follows through the period and \n inserting ``A State or American Indian consortium that received \n a grant under this section prior to the date of the enactment \n of the Traumatic Brain Injury Act of 2008 may complete the \n activities funded by the grant.'';\n (5) in subsection (f)--\n (A) in the subsection heading, by inserting ``and \n American Indian Consortium'' after ``State'';\n (B) in paragraph (1) in the matter preceding \n subparagraph (A), paragraph (1)(E), paragraph (2)(A), \n paragraph (2)(B), paragraph (3) in the matter preceding \n subparagraph (A), paragraph (3)(E), and paragraph \n (3)(F), by striking the term ``State'' each place such \n term appears and inserting ``State or American Indian \n consortium''; and\n (C) in clause (ii) of paragraph (1)(A), by striking \n ``children and other individuals'' and inserting \n ``children, youth, and adults'';\n (6) in subsection (h)--\n (A) by striking ``Not later than 2 years after the \n date of the enactment of this section, the Secretary'' \n and inserting ``Not less than biennially, the \n Secretary'';\n (B) by striking ``Commerce of the House of \n Representatives, and to the Committee on Labor and \n Human Resources'' and inserting ``Energy and Commerce \n of the House of Representatives, and to the Committee \n on Health, Education, Labor, and Pensions''; and\n (C) by inserting ``and section 1253'' after \n ``programs established under this section,'';\n (7) by amending subsection (i) to read as follows:\n ``(i) Definitions.--For purposes of this section:\n ``(1) The terms `American Indian consortium' and `State' \n have the meanings given to those terms in section 1253.\n ``(2) The term `traumatic brain injury' means an acquired \n injury to the brain. Such term does not include brain \n dysfunction caused by congenital or degenerative disorders, nor \n birth trauma, but may include brain injuries caused by anoxia \n due to trauma. The Secretary may revise the definition of such \n term as the Secretary determines necessary, after consultation \n with States and other appropriate public or nonprofit private \n entities.''; and\n (8) in subsection (j), by inserting ``, and such sums as \n may be necessary for each of the fiscal years 2009 through \n 2012'' before the period.\n (b) State Grants for Protection and Advocacy Services.--Section \n1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--\n (1) in subsections (d) and (e), by striking the term \n ``subsection (i)'' each place such term appears and inserting \n ``subsection (l)'';\n (2) in subsection (g), by inserting ``each fiscal year not \n later than October 1,'' before ``the Administrator shall pay'';\n (3) by redesignating subsections (i) and (j) as subsections \n (l) and (m), respectively;\n (4) by inserting after subsection (h) the following:\n ``(i) Data Collection.--The Administrator of the Health Resources \nand Services Administration and the Commissioner of the Administration \non Developmental Disabilities shall enter into an agreement to \ncoordinate the collection of data by the Administrator and the \nCommissioner regarding protection and advocacy services.\n ``(j) Training and Technical Assistance.--\n ``(1) Grants.--For any fiscal year for which the amount \n appropriated to carry out this section is $6,000,000 or \n greater, the Administrator shall use 2 percent of such amount \n to make a grant to an eligible national association for \n providing for training and technical assistance to protection \n and advocacy systems.\n ``(2) Definition.--In this subsection, the term `eligible \n national association' means a national association with \n demonstrated experience in providing training and technical \n assistance to protection and advocacy systems.\n ``(k) System Authority.--In providing services under this section, \na protection and advocacy system shall have the same authorities, \nincluding access to records, as such system would have for purposes of \nproviding services under subtitle C of the Developmental Disabilities \nAssistance and Bill of Rights Act of 2000.''; and\n (5) in subsection (l) (as redesignated by this subsection) \n by striking ``2002 through 2005'' and inserting ``2009 through \n 2012''.\n ","summary":"Traumatic Brain Injury Act of 2008 - Amends the Public Health Service Act to revise the national program for traumatic brain injury registries to make grants for state traumatic brain injury surveillance systems or registries to: (1) determine the incidence and prevalence of traumatic brain injury and related disability. (2) ensure the uniformity of reporting under each such system or registry. (3) link individuals with traumatic brain injury to services and supports. And (4) link such individuals with academic institutions to conduct applied research. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to report to the relevant congressional committees on activities and procedures that can be implemented by the CDC to improve the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in those who were formerly in the military. Authorizes the Secretary, acting through the Director of CDC, to conduct a study to: (1) determine the incidence of traumatic brain injury and prevalence of traumatic brain injury related disability, (2) report national trends in traumatic brain injury. (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries. (4) identify interventions and therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury. And (5) develop practice guidelines for such rehabilitation. Authorizes appropriations for FY2009-FY2012 for NIH's trauma research program. Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia to improve access to rehabilitation and other services regarding traumatic brain injury. Authorizes appropriations for such grants for FY2009-FY2012. Requires the Administrator and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. Authorizes appropriations for FY2009-FY2012.","title":"To provide for the expansion and improvement of traumatic brain injury programs.","text_len":14105,"sum_len":2400} {"bill_id":"107_s1898","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Green River National Wildlife Refuge \nAct of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Green River bottoms area, Kentucky, was once part \n of a large bottomland hardwood forest;\n (2) most of the bottoms area has been converted to \n agricultural use through--\n (A) draining of wetland;\n (B) altering of interior drainage systems; and\n (C) clearing of bottomland hardwood forest;\n (3) as of the date of enactment of this Act, the bottoms \n area is predominantly ridge and swale farmland, with river-scar \n oxbows, several sloughs, wet depression areas, and a small \n quantity of bottomland hardwood forest;\n (4) approximately 1,200 acres of bottomland hardwood forest \n remain, consisting mostly of cypress, willow, hackberry, silver \n maple, ash, and buttonbush;\n (5) many of the interior drainage systems on the land offer \n excellent opportunities to restore, with minor modifications, \n the historical hydrology, wetland, and bottomland hardwood \n forest of the bottoms area to high-quality wildlife habitats;\n (6) in the bottoms area, waterfowl occur in large numbers \n when sufficient water levels occur, primarily when flood \n conditions from the Ohio River and the Green River negate the \n extensive drainages and alterations made by man;\n (7) the wooded and shrub tracts of the bottoms area are \n used by many species of nongame neotropical migratory birds;\n (8) migratory shorebirds use the bottoms area during spring \n migrations;\n (9) wading birds such as snipe, great blue heron, green \n heron, common egret, and great egret frequent the bottoms area;\n (10) bald eagles and myriad other raptors frequent the \n bottoms area;\n (11) several species listed as endangered or threatened \n species under the Endangered Species Act of 1973 (16 U.S.C. \n 1531 et seq.) have been found near the bottoms area, including \n Indiana bat maternity colonies, fanshell, pink mucket pearly \n mussel, and fat pocketbook;\n (12) several species of mussel listed as endangered or \n threatened species under that Act historically occurred near \n the bottoms area, including purple cat's paw pearly mussel, \n tubercled-blossom pearly mussel, ring pink, and white wartyback \n pearly mussel;\n (13) the copperbelly water snake, covered by the \n Copperbelly Water Snake Conservation Plan, is found in the \n wetland complex and buttonbush shrub in the Scuffletown area;\n (14) significant populations of resident game species, \n including white-tailed deer, swamp rabbit, cottontail rabbit, \n gray squirrel, mink, muskrat, beaver, fox, and coyote, occur in \n the bottoms area;\n (15) the Ohio River and the Green River are important \n habitat for big river species such as paddlefish, sturgeon, \n catfish, carp, buffalo, and gar;\n (16) conservation, enhancement, and ecological restoration \n of the bottoms area through inclusion in the National Wildlife \n Refuge System would help meet the habitat conservation goals \n of--\n (A) the North American Waterfowl Management Plan;\n (B) the Lower Mississippi Joint Venture;\n (C) the Interior Low Plateaus Bird Conservation \n Plan; and\n (D) the Copperbelly Water Snake Conservation Plan;\n (17) the valuable complex of wetland habitats comprising \n the bottoms area, with its many forms of wildlife, has \n extremely high recreational value for hunters, anglers, \nbirdwatchers, nature photographers, and others; and\n (18) the Green River bottoms area is deserving of inclusion \n in the National Wildlife Refuge System.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to establish the Green River National \nWildlife Refuge in the Green River bottoms area, Henderson County, \nKentucky, to provide--\n (1) habitat for migrating and wintering waterfowl;\n (2) habitat for nongame land birds;\n (3) habitats for a natural diversity of fish and wildlife;\n (4) nesting habitat for wood ducks and other locally \n nesting migratory waterfowl;\n (5) high-quality hunting and sportfishing opportunities; \n and\n (6) opportunities for environmental education, \n interpretation, and wildlife-oriented recreation.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Refuge.--The term ``Refuge'' means the Green River \n National Wildlife Refuge established under section 5.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 5. ESTABLISHMENT.\n\n (a) Establishment.--\n (1) In general.--The Secretary shall establish the Green \n River National Wildlife Refuge, consisting of approximately \n 23,000 acres of Federal land, water, and interests in land or \n water within the boundaries depicted on the map entitled \n ``Green River National Wildlife Refuge'', dated September 10, \n 2001.\n (2) Boundary revisions.--The Secretary shall make such \n minor revisions of the boundaries of the Refuge as are \n appropriate to carry out the purposes of the Refuge or to \n facilitate the acquisition of land, water, and interests in \n land or water within the Refuge.\n (3) Availability of map.--The map referred to in paragraph \n (1) shall be available for inspection in appropriate offices of \n the United States Fish and Wildlife Service.\n (b) Effective Date.--The establishment of the Refuge shall take \neffect on the date on which the Secretary publishes, in the Federal \nRegister and publications of local circulation in the vicinity of the \nRefuge, a notice that sufficient property has been acquired by the \nUnited States within the Refuge to constitute an area that can be \nefficiently managed as a national wildlife refuge.\n\nSEC. 6. ACQUISITION OF LAND, WATER, AND INTERESTS IN LAND OR WATER.\n\n (a) In General.--Subject to the availability of appropriations, the \nSecretary may obtain by purchase from willing sellers, donation, or \nexchange up to 23,000 acres of land and water, or interests in land or \nwater, within the boundaries of the Refuge described in section \n5(a)(1).\n (b) Inclusion in Refuge.--Any land, water, or interest acquired by \nthe Secretary under this section shall be part of the Refuge.\n\nSEC. 7. ADMINISTRATION.\n\n In administering the Refuge, the Secretary shall--\n (1) conserve, enhance, and restore the native aquatic and \n terrestrial community characteristics of the Green River \n (including associated fish, wildlife, and plant species);\n (2) conserve, enhance, and restore habitat to maintain and \n assist in the recovery of species of animals and plants that \n are listed as endangered species or threatened species under \n the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);\n (3) in providing opportunities for compatible fish- and \n wildlife-oriented recreation, ensure that hunting, fishing, \n wildlife observation and photography, and environmental \n education and interpretation are the priority general public \n uses of the Refuge, in accordance with paragraphs (3) and (4) \n of section 4(a) of the National Wildlife Refuge System \n Administration Act of 1966 (16 U.S.C. 668dd(a)); and\n (4) encourage the use of volunteers and facilitate \n partnerships among the United States Fish and Wildlife Service, \n local communities, conservation organizations, and other non-\n Federal entities to promote--\n (A) public awareness of the resources of the Refuge \n and the National Wildlife Refuge System; and\n (B) public participation in the conservation of \n those resources.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nfor--\n (1) the acquisition of land and water within the boundaries \n of the Refuge; and\n (2) the development, operation, and maintenance of the \n Refuge.","summary":"Green River National Wildlife Refuge Act of 2002 - Directs the Secretary of the Interior to establish, revise the boundaries of, and acquire land and water for the Green River National Wildlife Refuge in Kentucky. Requires the Secretary, in administering the Refuge, to: (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River. (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species. (3) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge. And (4) encourage the use of volunteers and facilitate partnerships among the US Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the refuge resources and public participation in resource conservation.","title":"A bill to establish the Green River National Wildlife Refuge in the State of Kentucky.","text_len":8688,"sum_len":1003} {"bill_id":"113_s1415","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Canyon Mountain Land Conveyance Act \nof 2013''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--The term ``Federal land'' means the \n approximately 17,826 acres of Federal land, as generally \n depicted on the map entitled ``Canyon Mountain Land \n Conveyance'', and dated June 27, 2013.\n (2) Planning area.--The term ``planning area'' means land--\n (A) administered by the Director of the Bureau of \n Land Management; and\n (B) located in--\n (i) the Coos Bay District;\n (ii) the Eugene District;\n (iii) the Medford District;\n (iv) the Roseburg District;\n (v) the Salem District; and\n (vi) the Klamath Falls Resource Area of the \n Lakeview District.\n (3) Definition of public domain land.--\n (A) In general.--In this subsection, the term \n ``public domain land'' has the meaning given the term \n ``public lands'' in section 103 of the Federal Land \n Policy and Management Act of 1976 (43 U.S.C. 1702).\n (B) Exclusion.--The term ``public domain land'' \n does not include any land managed in accordance with \n the Act of August 28, 1937 (50 Stat. 874, chapter 876; \n 43 U.S.C. 1181a et seq.).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Tribe.--The term ``Tribe'' means the Cow Creek Band of \n Umpqua Tribe of Indians.\n\nSEC. 3. CONVEYANCE.\n\n (a) In General.--Subject to valid existing rights, including \nrights-of-way, all right, title, and interest of the United States in \nand to the Federal land, including any improvements located on the \nFederal land, appurtenances to the Federal land, and minerals on or in \nthe Federal land, including oil and gas, shall be--\n (1) held in trust by the United States for the benefit of \n the Tribe; and\n (2) part of the reservation of the Tribe.\n (b) Survey.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall complete a survey of the boundary lines \nto establish the boundaries of the land taken into trust under \nsubsection (a).\n\nSEC. 4. MAP AND LEGAL DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall file a map and legal description of \nthe Federal land with--\n (1) the Committee on Energy and Natural Resources of the \n Senate; and\n (2) the Committee on Natural Resources of the House of \n Representatives.\n (b) Force and Effect.--The map and legal description filed under \nsubsection (a) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct any clerical or \ntypographical errors in the map or legal description.\n (c) Public Availability.--The map and legal description filed under \nsubsection (a) shall be on file and available for public inspection in \nthe Office of the Secretary.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--Unless expressly provided in this Act, nothing in \nthis Act affects any right or claim of the Tribe existing on the date \nof enactment of this Act to any land or interest in land.\n (b) Prohibitions.--\n (1) Exports of unprocessed logs.--Federal law (including \n regulations) relating to the export of unprocessed logs \n harvested from Federal land shall apply to any unprocessed logs \n that are harvested from the Federal land.\n (2) Non-permissible use of land.--Any real property taken \n into trust under section 3 shall not be eligible, or used, for \n any gaming activity carried out under Public Law 100-497 (25 \n U.S.C. 2701 et seq.).\n\nSEC. 6. FOREST MANAGEMENT.\n\n Any commercial forestry activity that is carried out on the Federal \nland shall be managed in accordance with all applicable Federal laws.\n\nSEC. 7. LAND RECLASSIFICATION.\n\n (a) Identification of Oregon and California Railroad Land.--Not \nlater than 180 days after the date of enactment of this Act, the \nSecretary of Agriculture and the Secretary shall identify any land \nowned by the Oregon and California Railroad that is conveyed under \nsection 3.\n (b) Identification of Public Domain Land.--Not later than 18 months \nafter the date of enactment of this Act, the Secretary shall identify \npublic domain land that--\n (1) is approximately equal in acreage and condition as the \n land identified under subsection (a); and\n (2) is located within the planning area.\n (c) Maps.--Not later than 2 years after the date of enactment of \nthis Act, the Secretary shall submit to Congress and publish in the \nFederal Register 1 or more maps depicting the land identified in \nsubsections (a) and (b).\n (d) Reclassification.--\n (1) In general.--After providing an opportunity for public \n comment, the Secretary shall reclassify the land identified in \n subsection (b) as land owned by the Oregon and California \n Railroad.\n (2) Applicability.--The Act of August 28, 1937 (50 Stat. \n 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land \n reclassified as land owned by the Oregon and California \n Railroad under paragraph (1)(B).","summary":"Canyon Mountain Land Conveyance Act of 2013 - Holds in trust for the Cow Creek Band of Umpqua Tribe of Indians (Tribe) all right, title, and interest of the United States in and to approximately 17,826 acres of federal land generally depicted on the map entitled quot, Canyon Mountain Land Conveyance,quot. Dated June 27, 2013. Makes that land part of the Tribe's reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribe. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribe.","title":"Canyon Mountain Land Conveyance Act of 2013","text_len":5644,"sum_len":847} {"bill_id":"110_hr41","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``The Business Checking Fairness Act \nof 2007''.\n\nSEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL \n BUSINESSES.\n\n Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--\n (1) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (2) by inserting after subsection (a) the following:\n ``(b) Notwithstanding any other provision of law, any depository \ninstitution may permit the owner of any deposit or account which is a \ndeposit or account on which interest or dividends are paid and is not a \ndeposit or account described in subsection (a)(2) to make up to 24 \ntransfers per month (or such greater number as the Board of Governors \nof the Federal Reserve System may determine by rule or order), for any \npurpose, to another account of the owner in the same institution. An \naccount offered pursuant to this subsection shall be considered a \ntransaction account for purposes of section 19 of the Federal Reserve \nAct unless the Board of Governors of the Federal Reserve System \ndetermines otherwise.''.\n\nSEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.\n\n (a) Repeal of Prohibition on Payment of Interest on Demand \nDeposits.--\n (1) Federal reserve act.--Section 19(i) of the Federal \n Reserve Act (12 U.S.C. 371a) is amended to read as follows:\n ``(i) [Repealed]''.\n (2) Home owners' loan act.--The first sentence of section \n 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. \n 1464(b)(1)(B)) is amended by striking ``savings association may \n not--'' and all that follows through ``(ii) permit any'' and \n inserting ``savings association may not permit any''.\n (3) Federal deposit insurance act.--Section 18(g) of the \n Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to \n read as follows:\n ``(g) [Repealed]''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect at the end of the 2-year period beginning on the date of \nthe enactment of this Act.\n\nSEC. 4. RULES OF CONSTRUCTION.\n\n In the case of an escrow account maintained at a depository \ninstitution for the purpose of completing the settlement of a real \nestate transaction--\n (1) the absorption, by the depository institution, of \n expenses incidental to providing a normal banking service with \n respect to such escrow account;\n (2) the forbearance, by the depository institution, from \n charging a fee for providing any such banking function; and\n (3) any benefit which may accrue to the holder or the \n beneficiary of such escrow account as a result of an action of \n the depository institution described in subparagraph (1) or (2) \n or similar in nature to such action, including any benefits \n which have been so determined by the appropriate Federal \n regulator,\nshall not be treated as the payment or receipt of interest for purposes \nof this Act and any provision of Public Law 93-100, the Federal Reserve \nAct, the Home Owners' Loan Act, or the Federal Deposit Insurance Act \nrelating to the payment of interest on accounts or deposits at \ndepository institutions. No provision of this Act shall be construed so \nas to require a depository institution that maintains an escrow account \nin connection with a real estate transaction to pay interest on such \nescrow account or to prohibit such institution from paying interest on \nsuch escrow account. No provision of this Act shall be construed as \npreempting the provisions of law of any State dealing with the payment \nof interest on escrow accounts maintained in connection with real \nestate transactions.\n\nSEC. 5. CONSUMER BANKING COSTS ASSESSMENT.\n\n (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is \namended--\n (1) by redesignating sections 30 and 31 as sections 31 and \n 32, respectively; and\n (2) by inserting after section 29 the following new \n section:\n\n``SEC. 30. SURVEY OF BANK FEES AND SERVICES.\n\n ``(a) Biennial Survey Required.--The Board of Governors of the \nFederal Reserve System shall obtain biennially a sample, which is \nrepresentative by type and size of the institution (including small \ninstitutions) and geographic location, of the following retail banking \nservices and products provided by insured depository institutions and \ninsured credit unions (along with related fees and minimum balances):\n ``(1) Checking and other transaction accounts.\n ``(2) Negotiable order of withdrawal and savings accounts.\n ``(3) Automated teller machine transactions.\n ``(4) Other electronic transactions.\n ``(b) Minimum Survey Requirement.--The biennial survey described in \nsubsection (a) shall meet the following minimum requirements:\n ``(1) Checking and other transaction accounts.--Data on \n checking and transaction accounts shall include, at a minimum, \n the following:\n ``(A) Monthly and annual fees and minimum balances \n to avoid such fees.\n ``(B) Minimum opening balances.\n ``(C) Check processing fees.\n ``(D) Check printing fees.\n ``(E) Balance inquiry fees.\n ``(F) Fees imposed for using a teller or other \n institution employee.\n ``(G) Stop payment order fees.\n ``(H) Nonsufficient fund fees.\n ``(I) Overdraft fees.\n ``(J) Fees imposed in connection with bounced-check \n protection and overdraft protection programs.\n ``(K) Deposit items returned fees.\n ``(L) Availability of no-cost or low-cost accounts \n for consumers who maintain low balances.\n ``(2) Negotiable order of withdrawal accounts and savings \n accounts.--Data on negotiable order of withdrawal accounts and \n savings accounts shall include, at a minimum, the following:\n ``(A) Monthly and annual fees and minimum balances \n to avoid such fees.\n ``(B) Minimum opening balances.\n ``(C) Rate at which interest is paid to consumers.\n ``(D) Check processing fees for negotiable order of \n withdrawal accounts.\n ``(E) Fees imposed for using a teller or other \n institution employee.\n ``(F) Availability of no-cost or low-cost accounts \n for consumers who maintain low balances.\n ``(3) Automated teller transactions.--Data on automated \n teller machine transactions shall include, at a minimum, the \n following:\n ``(A) Monthly and annual fees.\n ``(B) Card fees.\n ``(C) Fees charged to customers for withdrawals, \n deposits, and balance inquiries through institution-\n owned machines.\n ``(D) Fees charged to customers for withdrawals, \n deposits, and balance inquiries through machines owned \n by others.\n ``(E) Fees charged to noncustomers for withdrawals, \n deposits, and balance inquiries through institution-\n owned machines.\n ``(F) Point-of-sale transaction fees.\n ``(4) Other electronic transactions.--Data on other \n electronic transactions shall include, at a minimum, the \n following:\n ``(A) Wire transfer fees.\n ``(B) Fees related to payments made over the \n Internet or through other electronic means.\n ``(5) Other fees and charges.--Data on any other fees and \n charges that the Board of Governors of the Federal Reserve \n System determines to be appropriate to meet the purposes of \n this section.\n ``(6) Federal reserve board authority.--The Board of \n Governors of the Federal Reserve System may cease the \n collection of information with regard to any particular fee or \n charge specified in this subsection if the Board makes a \n determination that, on the basis of changing practices in the \n financial services industry, the collection of such information \n is no longer necessary to accomplish the purposes of this \n section.\n ``(c) Biennial Report to Congress Required.--\n ``(1) Preparation.--The Board of Governors of the Federal \n Reserve System shall prepare a report of the results of each \n survey conducted pursuant to subsections (a) and (b) of this \n section and section 136(b)(1) of the Consumer Credit Protection \n Act.\n ``(2) Contents of the report.--In addition to the data \n required to be collected pursuant to subsections (a) and (b), \n each report prepared pursuant to paragraph (1) shall include a \n description of any discernible trend, in the Nation as a whole, \n in a representative sample of the 50 States (selected with due \n regard for regional differences), and in each consolidated \n metropolitan statistical area (as defined by the Director of \n the Office of Management and Budget), in the cost and \n availability of the retail banking services, including those \n described in subsections (a) and (b) (including related fees \n and minimum balances), that delineates differences between \n institutions on the basis of the type of institution and the \n size of the institution, between large and small institutions \n of the same type, and any engagement of the institution in \n multistate activity.\n ``(3) Submission to the congress.--The Board of Governors \n of the Federal Reserve System shall submit an biennial report \n to the Congress not later than June 1, 2009, and before the end \n of each 2-year period beginning after such date.\n ``(d) Definitions.--For purposes of this section, the term `insured \ndepository institution' has the meaning given such term in section 3 of \nthe Federal Deposit Insurance Act, and the term `insured credit union' \nhas the meaning given such term in section 101 of the Federal Credit \nUnion Act.''.\n (b) Conforming Amendment.--\n (1) In general.--Paragraph (1) of section 136(b) of the \n Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read \n as follows:\n ``(1) Collection required.--The Board shall collect, on a \n semiannual basis, from a broad sample of financial institutions \n which offer credit card services, credit card price and \n availability information including--\n ``(A) the information required to be disclosed \n under section 127(c);\n ``(B) the average total amount of finance charges \n paid by consumers; and\n ``(C) the following credit card rates and fees:\n ``(i) Application fees.\n ``(ii) Annual percentage rates for cash \n advances and balance transfers.\n ``(iii) Maximum annual percentage rate that \n may be charged when an account is in default.\n ``(iv) Fees for the use of convenience \n checks.\n ``(v) Fees for balance transfers.\n ``(vi) Fees for foreign currency \n conversions.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect on January 1, 2008.\n (c) Repeal of Other Report Provisions.--Section 1002 of Financial \nInstitutions Reform, Recovery, and Enforcement Act of 1989 and section \n108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act \nof 1994 are hereby repealed.","summary":"Business Checking Fairness Act of 2007 - Amends federal law to authorize interest-bearing or dividend-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Amends the Federal Reserve Act to require the Board to survey biennially and report biennially to Congress on bank fees and certain services. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, to repeal certain reporting requirements. Cites practices which shall not be treated as payment or receipt of interest if they relate to an escrow account maintained at a depository institution in connection with a real estate transaction.","title":"To repeal the prohibition on the payment of interest on demand deposits, and for other purposes.","text_len":12259,"sum_len":962} {"bill_id":"110_hr770","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Nuclear Nonproliferation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Numerous bi-partisan commissions and study groups, \n including the Iraq Study Group co-chaired by James A. Baker III \n and Lee H. Hamilton, a 2004 working group established under the \n Council on Foreign Relations and co-chaired by Robert Gates and \n Zbigniew Brzezinski, and a 2001 Atlantic Council of the United \n States Working Group, co-chaired by Lee H. Hamilton, James \n Schlesinger, and Brent Scowcroft have called for various forms \n of dialogue and engagement with Iran in order to achieve United \n States strategic interests in the Middle East region.\n (2) Implementing effective strategies to deflect or deter \n Iran from acquiring nuclear weapons, or pursuing the \n development of nuclear weapons capabilities, is an important \n United States strategic interest.\n (3) Establishing a diplomatic dialogue with the Government \n of Iran and deepening relationships with the Iranian people \n would help foster greater understanding between the people of \n Iran and the people of the United States and would enhance the \n stability and security of the Persian Gulf region, including by \n reducing the threat of the proliferation or use of nuclear \n weapons in the region, while advancing other United States \n foreign policy objectives in that region.\n (4) The Iraq Study Group Report states ``Iran's interests \n would not be served by a failure of U.S. policy that led to \n chaos and the territorial disintegration of the Iraqi state'', \n and therefore, the Government of the United States should build \n upon this mutual interest to develop a diplomatic dialogue with \n the Government of Iran concerning deteriorating conditions in \n Iraq, which can become a basis of broader future United States-\n Iranian engagement.\n (5) Given the dispersal of Iran's nuclear program at sites \n throughout the country and their proximity to urban centers, \n the use of military force against Iran would be extraordinarily \n difficult and probably ineffective, the immediate consequences \n and loss of life would be drastic, and the long-term \n instability generated would be against long-term United States \n interests in the region.\n (6) Any military action designed to eliminate Iran's \n capacity to produce nuclear weapons would run the significant \n risk of reinforcing and accelerating the desire of the \n Government of Iran to acquire a nuclear deterrent and \n compounding nationalist passions in defense of that very \n course, and would most likely also generate hostile Iranian \n initiatives in Iraq and Afghanistan.\n (7) Together, the ongoing efforts of the International \n Atomic Energy Agency (IAEA) along with corresponding \n multilateral sanctions recently adopted by the United Nations \n Security Council offer a viable path for steering Iran's \n nuclear efforts along peaceful lines, provided that there is \n close multilateral coordination and steadfastness in the \n adherence to the sanctions and firm United States leadership in \n support of the multilateral effort.\n (8) According to the most definitive United States \n intelligence reports, Iran is likely a decade away from \n acquiring the know-how and material to have an option to build \n a nuclear weapon, and even the most pessimistic analysis by \n outside experts puts the timeline at least three years away, \n assuming Iran suffers no setbacks during development, which \n would be unprecedented.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) full diplomatic, political, and economic relations \n between the United States and Iran cannot be normalized unless \n and until enforceable safeguards are put in place to prevent \n weaponization of Iran's nuclear program and the Government of \n Iran ends its support for international terrorist groups, but \n the attainment of these policy objectives should not constitute \n preconditions for any diplomatic dialogue; and\n (2) no congressional authorization for the use of military \n force in any Act of Congress enacted before the date of the \n enactment of this Act constitutes, either implicitly or \n explicitly, an authorization for the use of military force \n against Iran or its nuclear program.\n\nSEC. 4. STATEMENT OF POLICY.\n\n It is the policy of the United States not to enter into a \npreemptive war against Iran in the absence of an imminent threat, and \nthen only in accordance with international law and constitutional and \nstatutory requirements for congressional authorization.\n\nSEC. 5. LIMITATION ON USE OF FUNDS.\n\n No funds appropriated or otherwise made available to the Department \nof Defense or any other department or agency of the Government of the \nUnited States may be used to carry out any covert action for the \npurpose of causing regime change in Iran or to carry out any military \naction against Iran in the absence of an imminent threat, in accordance \nwith international law and constitutional and statutory requirements \nfor congressional authorization.","summary":"Iran Nuclear Nonproliferation Act - Expresses the sense of Congress that: (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the government of Iran ends its support for international terrorist groups, but the attainment of these objectives should not constitute preconditions for any diplomatic dialogue. And (2) no congressional authorization for the use of military force in any Act enacted before the date of enactment of this Act constitutes an authorization for the use of military force against Iran or its nuclear program. States as the policy of the United States not to enter into a preemptive war against Iran in the absence of an immediate threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization. Prohibits funds available to the Department of Defense (DOD) or any other federal department or agency from being used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat.","title":"To prohibit the use of funds to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat, in accordance with international law and constitutional and statutory requirements for congressional authorization.","text_len":5614,"sum_len":1236} {"bill_id":"113_hr3884","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ensuring Full Use of Federal Health \nCare Funding Act of 2014''.\n\nSEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL SECTION 1311 ACA GRANT \n FUNDS.\n\n Section 1311(a) of the Patient Protection and Affordable Care Act \n(42 U.S.C. 18031(a)) is amended--\n (1) in paragraph (1), by inserting before the period at the \n end the following: ``and to make grants under paragraph (7) to \n qualified entities in a State from funds recouped under \n paragraph (6) from that State'';\n (2) in paragraph (2), by adding at the end the following: \n ``Not later than May 1, 2014, the Secretary shall determine the \n recoupment amount under paragraph (6) for each State and the \n amounts that will be made so available for grants under \n paragraph (7) for qualified entities in each State.'';\n (3) in paragraph (3), by adding at the end the following: \n ``A qualified entity awarded a grant under paragraph (7) shall \n use such grant for activities consistent with subparagraph (C) \n of such paragraph.''; and\n (4) by adding at the end the following new paragraphs:\n ``(6) Recoupment of unexpended funds.--\n ``(A) In general.--Subject to subparagraph (B), the \n Secretary shall recoup any funds awarded to a State \n under this subsection to the extent that such funds are \n not obligated by the State for expenditure before April \n 1, 2014.\n ``(B) Exception.--The Secretary may, in the \n Secretary's discretion, decide not to recoup the funds \n of a State under subparagraph (A) if the State has \n submitted to the Secretary and the Secretary has \n approved, before March 31, 2014, a plan for spending \n such funds in accordance with this subsection in a \n timely manner.\n ``(7) Application of recouped funds for grants to other \n entities within a state.--\n ``(A) In general.--Insofar as the Secretary recoups \n funds under paragraph (6) from a State, the Secretary \n shall use all such funds to make grants, before the \n beginning of the open enrollment period for 2015, to \n qualified entities under subparagraph (B) to carry out \n activities in the State consistent with subparagraph \n (C).\n ``(B) Eligibility.--\n ``(i) In general.--To be eligible to \n receive a grant under this paragraph with \n respect to a State, an entity shall demonstrate \n to the Secretary that the entity--\n ``(I) has (or can readily and on a \n timely basis establish) relationships \n with employers and employees, consumers \n (including uninsured and underinsured \n consumers), or self-employed \n individuals in the State that are \n likely to be qualified to enroll in \n coverage options made available through \n an Exchange in the State;\n ``(II) is capable of carrying out \n the activities described in \n subparagraph (C) for which a grant is \n being granted;\n ``(III) meets the standards \n described in clause (iii); and\n ``(IV) provides information \n consistent with standards developed \n under clause (iv).\n ``(ii) Types of qualified entities.--Such \n an entity may be a trade, industry, and \n professional association, commercial fishing \n industry organization, ranching and farming \n organization, community and consumer-focused \n nonprofit group, chamber of commerce, union, \n resource partner of the Small Business \n Administration, and other licensed insurance \n agent or broker, and another entity, so long as \n it meets the requirements of clause (i).\n ``(iii) Entity standards.--The Secretary \n shall establish standards for qualified \n entities under this subparagraph relating to \n their qualification to engage in the outreach, \n education, and enrollment activities described \n in subparagraph (C) and to avoid conflicts of \n interest. Under such standards, a qualified \n entity shall not--\n ``(I) be a health insurance issuer; \n or\n ``(II) receive any consideration \n directly or indirectly from any health \n insurance issuer in connection with the \n enrollment of any qualified individuals \n or employees of a qualified employer in \n a qualified health plan.\n ``(iv) Fair and impartial information and \n services.--The Secretary shall develop \n standards to ensure that information made \n available by qualified entities under a grant \n under this paragraph is fair, accurate, and \n impartial.\n ``(C) Use of grants.--Grants under this paragraph \n may be used for any of the purposes or activities for \n which a grant to a State under this subsection may be \n used, including the following:\n ``(i) Non-navigator assistance personnel.--\n To build and fund operations of an in-person \n assistance personnel (IPA) program (also known \n as `non-Navigator assistance personnel').\n ``(ii) Outreach.--To coordinate with other \n health and human services organizations in the \n State to broaden outreach (such as Marketplace \n information on applications for other programs, \n websites, emails or through IPA call centers) \n to individuals eligible to enroll in qualified \n health plans through the Exchange operating in \n the State.\n ``(iii) Marketing.--To produce and \n disseminate marketing and campaign materials, \n including brochures, direct mail, print ads, \n social media and digital and online ads, and TV \n and radio buys, such materials subject to \n approval by the Secretary.''.","summary":"Ensuring Full Use of Federal Health Care Funding Act of 2014 - Amends the Patient Protection and Affordable Care Act to direct the Secretary of Health and Human Services (HHS) to recoup any funds awarded to a state to establish health care exchanges to the extent the state has not obligated them for expenditure before April 1, 2014. Allows the Secretary, however, not to recoup such funds from a state if the state has approved, before March 31, 2014, a plan to spend them for such exchanges in a timely manner. Requires the Secretary to use any recouped funds to make grants to qualified entities to: (1) build and fund operations of an in-person assistance personnel (IPA) program. (2) coordinate with other health and human services organizations in the state to broaden outreach to individuals eligible to enroll in qualified health plans through the exchange operating in the state. And (3) produce and disseminate marketing and campaign materials, subject to the Secretary's approval. Requires a qualified entity to: (1) have relationships with employers and employees, consumers , or self-employed individuals in the state that are likely to be qualified to enroll in coverage options made available through a health care exchange in the state, (2) be capable of carrying out grant activities. And (3) meet specified standards. Lists as types of qualified entities: (1) a trade, industry, and professional association, (2) a commercial fishing industry organization, (3) a ranching and farming organization, (4) a community and consumer-focused nonprofit group, (5) a chamber of commerce, (6) a union, (7) a resource partner of the Small Business Administration (SBA), (8) a licensed insurance agent or broker, and (9) any other entity that meets the qualification standards.","title":"Ensuring Full Use of Federal Health Care Funding Act of 2014","text_len":7672,"sum_len":1784} {"bill_id":"113_s2025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Data Broker Accountability and \nTransparency Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (2) Data broker.--The term ``data broker'' means a \n commercial entity that collects, assembles, or maintains \n personal information concerning an individual who is not a \n customer or an employee of that entity in order to sell the \n information or provide third party access to the information.\n (3) Non-public information.--The term ``non-public \n information'' means information about an individual that is of \n a private nature, not available to the general public, and not \n obtained from a public record.\n (4) Public record information.--The term ``public record \n information'' means information about an individual that has \n been obtained originally from records of a Federal, State, or \n local government entity that are available for public \n inspection.\n\nSEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL \n INFORMATION BY FALSE PRETENSES.\n\n (a) In General.--It shall be unlawful for a data broker to obtain \nor attempt to obtain, or cause to be disclosed or attempt to cause to \nbe disclosed to any person, personal information or any other \ninformation relating to any person by making a false, fictitious, or \nfraudulent statement or representation to any person, including by \nproviding any document to any person, that the data broker knows or \nshould know to be forged, counterfeit, lost, stolen, or fraudulently \nobtained, or contains a false, fictitious, or fraudulent statement or \nrepresentation.\n (b) Solicitation.--It shall be unlawful for a data broker to \nrequest a person to obtain personal information, or any other \ninformation, relating to any other person if the data broker knows or \nshould know that the person to whom the request is made will obtain or \nattempt to obtain that information in the manner described in \nsubsection (a).\n\nSEC. 4. PERSONAL INFORMATION.\n\n (a) Accuracy.--A data broker shall establish reasonable procedures \nto ensure the maximum possible accuracy of the personal information it \ncollects, assembles, or maintains, and any other information it \ncollects, assembles, or maintains that specifically identifies an \nindividual, unless the information only identifies an individual's name \nor address.\n (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a \ndata broker may collect or maintain information that may be inaccurate \nwith respect to a particular individual if that information is being \ncollected or maintained solely for the purpose of--\n (1) indicating whether there may be a discrepancy or \n irregularity in the personal information that is associated \n with an individual;\n (2) helping to identify, or to authenticate the identity \n of, an individual; or\n (3) helping to protect against or investigate fraud or \n other unlawful conduct.\n (c) Consumer Access.--A data broker shall provide an individual a \nmeans to review any personal information or other information that \nspecifically identifies that individual, that the data broker collects, \nassembles, or maintains on that individual, unless an exception applies \nunder section 5.\n (d) Review Requirements.--The means for review under subsection (c) \nshall be provided--\n (1) at an individual's request;\n (2) after verifying the identity of the individual;\n (3) at least 1 time per year; and\n (4) at no cost to the individual.\n (e) Notice.--A data broker shall maintain an Internet Web site and \nplace a clear and conspicuous notice on that Internet Web site \ninstructing an individual--\n (1) how to review the information described under \n subsection (c); and\n (2) how to express a preference with respect to the use of \n personal information for marketing purposes under subsection \n (g).\n (f) Disputed Information.--An individual whose personal information \nis maintained by a data broker may dispute the accuracy of any \ninformation described under subsection (c) by requesting, in writing, \nthat the data broker correct the information. A data broker, after \nverifying the identity of the individual making the request, and unless \nthere are reasonable grounds to believe the request is frivolous or \nirrelevant, shall--\n (1) with regard to public record information--\n (A) inform the individual of the source of the \n information and, if reasonably available, where to \n direct the individual's request for correction; or\n (B) if the individual provides proof that the \n public record has been corrected or that the data \n broker was reporting the information incorrectly, \n correct the inaccuracy in the data broker's records; \n and\n (2) with regard to non-public information--\n (A) note the information that is disputed, \n including the individual's written request;\n (B) if the information can be independently \n verified, use the reasonable procedures established \n under subsection (a) to independently verify the \n information; and\n (C) if the data broker was reporting the \n information incorrectly, correct the inaccuracy in the \n data broker's records.\n (g) Certain Marketing Information.--A data broker that maintains \nany information described under subsection (a) and that uses, shares, \nor sells that information for marketing purposes shall provide each \nindividual whose information it maintains with a reasonable means of \nexpressing a preference not to have that individual's information used \nfor those purposes. If an individual expresses such a preference, the \ndata broker may not use, share, or sell that individual's information \nfor marketing purposes.\n (h) Persons Regulated by the Fair Credit Reporting Act.--A data \nbroker shall be deemed in compliance with this section with respect to \ninformation that is subject to the Fair Credit Reporting Act (15 U.S.C. \n1681 et seq.) if the data broker is in compliance with sections 609, \n610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i).\n\nSEC. 5. REGULATIONS.\n\n Not later than 1 year after the date of enactment of this Act, the \nCommission shall promulgate regulations under section 553 of title 5, \nUnited States Code, to implement and enforce the requirements of this \nAct, including--\n (1) a requirement that a data broker establish measures \n that facilitate the auditing or retracing of any internal or \n external access to, or transmission of, any data containing \n personal information collected, assembled, or maintained by the \n data broker;\n (2) the establishment of a centralized Internet Web site \n for the benefit of consumers that lists the data brokers \n subject to section 4 and provides additional information to \n consumers about their rights under this Act;\n (3) if the Commission considers a data broker outside the \n scope of the purposes of this Act, the exclusion of that data \n broker from the applicability of this Act, such as, if the \n Commission considers it appropriate for exclusion, a data \n broker who processes information collected by or on behalf of \n and received from or on behalf of a nonaffiliated third party \n concerning an individual who is a customer or an employee of \n that third party to enable that third party, directly or \n through parties acting on its behalf, to provide benefits for \n its employees or directly transact business with its customers;\n (4) any exceptions, that the Commission considers \n necessary, to the auditing and retracing requirements under \n paragraph (1) to further or protect law enforcement or national \n security activities; and\n (5) any exceptions, that the Commission considers \n necessary, to an individual's right to review the information \n described under section 4(c), such as for child protection, law \n enforcement, fraud prevention, or other legitimate government \n purposes.\n\nSEC. 6. ENFORCEMENT.\n\n (a) In General.--A violation of a regulation prescribed under this \nAct shall be treated as a violation of a rule defining an unfair or a \ndeceptive act or practice under section 18(a)(1)(B) of the Federal \nTrade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Powers of Commission.--The Commission shall enforce this Act in \nthe same manner, by the same means, and with the same jurisdiction, \npowers, and duties as though all applicable terms and provisions of the \nFederal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated \ninto and made a part of this Act. Any data broker who violates a \nregulation prescribed under this Act shall be subject to the penalties \nand entitled to the privileges and immunities provided in the Federal \nTrade Commission Act (15 U.S.C. 41 et seq.).\n (c) Enforcement by State Attorneys General.--\n (1) Civil action.--Except as provided under paragraph \n (3)(B), in any case in which the attorney general of a State, \n or an official or agency of a State, has reason to believe that \n an interest of the residents of that State has been or is \n threatened or adversely affected by a data broker who violates \n a regulation prescribed under this Act, the attorney general, \n official, or agency of the State, as parens patriae, may bring \n a civil action on behalf of the residents of the State in a \n district court of the United States of appropriate \n jurisdiction--\n (A) to enjoin further violation of this Act by the \n defendant;\n (B) to compel compliance with this Act;\n (C) to obtain damages, restitution, or other \n compensation on behalf of such residents, or to obtain \n such further and other relief as the court may deem \n appropriate; or\n (D) to obtain civil penalties in the amount \n determined under paragraph (2).\n (2) Civil penalties.--\n (A) Calculation.--For purposes of imposing a civil \n penalty under paragraph (1)(D), the amount determined \n under this paragraph is the amount calculated by \n multiplying the number of separate violations of a rule \n by an amount not greater than $16,000.\n (B) Adjustment for inflation.--Beginning on the \n date that the Consumer Price Index is first published \n by the Bureau of Labor Statistics that is after 1 year \n after the date of enactment of this Act, and each year \n thereafter, the amount specified in subparagraph (A) \n shall be increased by the percentage increase in the \n Consumer Price Index published on that date from the \n Consumer Price Index published the previous year.\n (3) Intervention by the commission.--\n (A) Notice.--A State shall provide prior written \n notice of any civil action under paragraph (1) to the \n Commission and provide the Commission with a copy of \n its complaint, except in any case in which such prior \n notice is not feasible, in which case the State shall \n serve such notice immediately upon instituting such \n action.\n (B) Intervention by the commission.--The Commission \n shall have the right--\n (i) to intervene in the civil action under \n paragraph (1);\n (ii) upon so intervening, to be heard on \n all matters arising in that civil action; and\n (iii) to file petitions for appeal of a \n decision in that civil action.\n (C) Limitation on state action while federal action \n is pending.--If the Commission has instituted a civil \n action for violation of this Act, no State attorney \n general, or official or agency of a State, may bring an \n action under this subsection during the pendency of \n that action against any defendant named in the \n complaint of the Commission for any violation of this \n Act alleged in the complaint.\n (4) Construction.--For purposes of bringing any civil \n action under paragraph (1), nothing in this Act shall be \n construed to prevent an attorney general of a State from \n exercising the powers conferred on the attorney general by the \n laws of that State--\n (A) to conduct investigations;\n (B) to administer oaths or affirmations; or\n (C) to compel the attendance of witnesses or the \n production of documentary and other evidence.\n\nSEC. 7. EFFECT ON OTHER LAWS.\n\n (a) Preservation of Commission Authority.--Nothing in this Act may \nbe construed in any way to limit or affect the Commission's authority \nunder any other provision of law.\n (b) Preservation of Other Federal Law.--Nothing in this Act may be \nconstrued in any way to supersede, restrict, or limit the application \nof the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other \nFederal law.","summary":"Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines quot, data brokerquot. As a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual, (2) identify or authenticate the identity of an individual. Or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction. Or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines quot, public record informationquot. As information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.","title":"Data Broker Accountability and Transparency Act","text_len":14136,"sum_len":3181} {"bill_id":"112_s3351","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protect Our Health Privacy Act''.\n\nSEC. 2. REPORTING REQUIREMENTS.\n\n (a) Notification in the Case of Breach.--Paragraph (2) of section \n13402(i) of division A of the American Recovery and Reinvestment Act of \n2009 (42 U.S.C. 17932(i)) is amended to read as follows:\n ``(2) Information.--The information described in this \n paragraph regarding breaches specified in paragraph (1) shall \n include--\n ``(A) the number and nature of all such breaches, \n including a description of the types of unsecured \n protected health information that were involved in each \n breach;\n ``(B) the identity of the covered entity involved \n in each breach, or if the breach affected less than 500 \n individuals, the kind of covered entity involved (such \n as a health plan, health care clearinghouse, or a \n health care provider who transmits any health \n information in electronic form in connection with a \n transaction covered by this subtitle); and\n ``(C) actions taken in response to such \n breaches.''.\n (b) Report on Compliance.--Section 13424 of division A of the \nAmerican Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is \namended--\n (1) in subsection (a)(1)--\n (A) by amending subparagraph (B) to read as \n follows:\n ``(B) information about such complaints resolved \n informally, including--\n ``(i) the number of such complaints \n resolved informally;\n ``(ii) a summary of the types of complaints \n so resolved, including identification of the \n most common types complaints so resolved, \n categorized by the privacy and security rule \n allegedly violated;\n ``(iii) for each such category, the average \n amount of time between receipt of a complaint \n to resolution of such complaint;\n ``(iv) examples, with entity and patient \n names and other individually identifiable \n health information redacted, of complaints \n resolved informally and the Secretary's \n rationale for resolving such complaints \n informally; and\n ``(v) the number of covered entities that \n received technical assistance from the \n Secretary during such year in order to achieve \n compliance with such provisions and the types \n of such technical assistance provided.'';\n (B) in subparagraph (E), by inserting ``and a \n summary of the outcome of such subpoenas or inquiries'' \n after ``inquiries issued'';\n (C) in subparagraph (F), by striking ``following \n year; and'' and inserting ``following year and \n enforcement priorities for the succeeding year;'';\n (D) in subparagraph (G), by striking the period at \n the end and inserting a semicolon; and\n (E) by adding at the end the following:\n ``(H) the number of State attorney general actions \n that were pursued under this subtitle and notice of \n which was provided to the Secretary pursuant to section \n 1176(d)(4) of the Social Security Act; and\n ``(I) the number of health privacy or health \n security or data breach complaints referred to the \n Attorney General, including--\n ``(i) whether the Attorney General declined \n enforcement; and\n ``(ii) the number of complaints referred to \n the Attorney General but returned to the \n Secretary for enforcement and a summary of \n enforcement actions taken by the Secretary with \n respect to such complaints, including informal \n resolutions, civil monetary penalties, \n resolution agreements or settlements, or \n voluntary compliance actions.''; and\n (2) by adding at the end the following:\n ``(g) Annual Studies.--\n ``(1) In general.--For the first year beginning after the \n date of enactment of the Protect Our Health Privacy Act, and \n every year thereafter, the Attorney General shall submit to the \n Committee on the Judiciary of the Senate and the Committee on \n the Judiciary of the House of Representatives a report \n concerning complaints of alleged violations described in \n section 1177 of the Social Security Act, including violations \n of the provisions of this subtitle relating to privacy and \n security of health information, that were referred to the \n Department of Justice by the Department of Health and Human \n Services, the Federal Bureau of Investigation, or another State \n or Federal agency during the year for which the report is being \n prepared.\n ``(2) Requirements.--Each report required under paragraph \n (1) shall--\n ``(A) be made available to the public on the \n websites of the Department of Justice and the \n Department of Health and Human Services; and\n ``(B) include, with respect to complaints received \n during the year for which the report is being \n prepared--\n ``(i) the total number of complaints \n received;\n ``(ii) the number of complaints received \n that were eligible for criminal enforcement; \n and\n ``(iii) of the complaints described in \n clause (ii), a summary of how each complaint \n was resolved that--\n ``(I) includes the rationale for \n declining enforcement, if applicable; \n and\n ``(II) does not identify the \n patients, individuals, or entities \n involved.''.\n\nSEC. 3. ENCRYPTION FOR PORTABLE MEDIA.\n\n (a) Guidance Regarding Unsecured Protected Health Information.--\n (1) In general.--Section 13402(h)(2) of division A of the \n American Recovery and Reinvestment Act of 2009 (42 U.S.C. \n 17932(h)(2)) is amended by inserting ``, including protected \n health information stored on portable media (as defined by the \n Secretary, which shall include thumb drives, laptop computers, \n tablet computers, and other similar devices),'' after \n ``protected health information''.\n (2) Applicable.--The amendment made by paragraph (1) shall \n apply to updated guidance issued under section 13402(h)(2) of \n division A of the American Recovery and Reinvestment Act of \n 2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of \n this Act.\n (b) Portable Media Encryption Requirement.--\n (1) In general.--Section 13401 of division A of the \n American Recovery and Reinvestment Act of 2009 (42 U.S.C. \n 17931) is amended by adding at the end the following:\n ``(d) Portable Media Encryption Requirement.--Not later than 1 year \nafter the date of enactment of the Protect Our Health Privacy Act, the \nSecretary shall issue regulations to require covered entities and \nbusiness associates to render protected health information that is \nstored on portable media (as defined by the Secretary, which shall \ninclude thumb drives, laptop computers, tablet computers, and other \nsimilar devices) unusable, unreadable, or indecipherable to \nunauthorized individuals.''.\n (2) Conforming amendment.--Section 13401(b) of such Act (42 \n U.S.C. 17931(b)) is amended by inserting ``or (d)'' after \n ``subsection (a)''.\n\nSEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF \n MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES.\n\n (a) In General.--Section 13404 of division A of the American \nRecovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at \nthe end the following:\n ``(d) Use of Data in Business Associate Contracts; Application of \nMinimum Necessary Standard to Business Associates.--\n ``(1) Limitation on scope and use of protected health \n information.--As required by section 164.504(e) of title 45, \n Code of Regulations (as in effect on the date of enactment of \n this subsection), any business associate agreement between a \n covered entity and a business associate shall limit the use of \n protected health information by such business associate--\n ``(A) to only such information as necessary for the \n performance of the service or function that the covered \n entity has contracted with the business associate to \n perform on behalf of the covered entity; and\n ``(B) to only those uses that are necessary for the \n performance of the service or function described in \n subparagraph (A).\n ``(2) Application of minimum necessary standard to business \n associates.--Section 164.502(b) of title 45, Code of Federal \n Regulations shall apply to a business associate of a covered \n entity in the same manner that such section applies to the \n covered entity. The additional requirements of this title that \n relate to the minimum necessary standard with respect to the \n use, disclosure, and request of protected health information \n that are made applicable with respect to covered entities shall \n also be applicable to such a business associate and shall be \n incorporated into the business associate agreement between the \n business associate and the covered entity.''.\n (b) Conforming Amendment.--Subsection (c) of such section 13404 (42 \nU.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting \n``(a), (b), or (d)(2)''.\n (c) Clarification.--Nothing in subsection (d)(2) of section 13404 \nof division A of the American Recovery and Reinvestment Act (42 U.S.C. \n17934) (as amended by subsection (a)) affects the application of the \nminimum necessary standard to business associates pursuant to section \n164.504(e) of title 45, Code of Federal Regulations (relating to \ncontracts and other arrangements between business associates and \ncovered entities) as in effect on the date of enactment of this Act.\n\nSEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.\n\n Title XXX of the Public Health Service Act (42 U.S.C. 300jj et \nseq.) is amended by adding at the end the following:\n\n``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.\n\n ``(a) In General.--Not later than 18 months after the date of \nenactment of the Protect Our Health Privacy Act, the Secretary shall \nissue regulations to improve the safety, interoperability, and utility \nof health information technology systems.\n ``(b) Content.--The regulations issued under subsection (a) shall \ninclude--\n ``(1) a system to track the effect of health information \n technology on the health of patients; and\n ``(2) minimum quality and risk management requirements for \n health information technology vendors.\n ``(c) Health Information Technology Adverse Health Event \nReporting.--\n ``(1) In general.--The Secretary shall designate an agency \n within the Department of Health and Human Services to \n promulgate regulations relating to a health information \n technology adverse health event reporting program and database. \n The Department shall consider definitions and standards \n developed by the National Quality Forum before promulgating \n such regulations.\n ``(2) Content.--The regulations promulgated under paragraph \n (1) shall include mandatory submission of adverse health event \n reports by health information technology vendors and voluntary \n submission of adverse health event reports by users of health \n information, including patients and their family caregivers.\n ``(3) Use of reports.--The agency designated under \n paragraph (1) shall analyze adverse health event reports and \n report findings and recommendations to the applicable industry \n and policymakers.\n ``(4) Protection of reports.--The agency designated under \n paragraph (1) shall remove identifying information if adverse \n health event reports are made public. An adverse health event \n report may not be admitted or used in any action in a Federal \n or State court or any Federal or State administrative \n proceeding as evidence of fault, liability, or occurrence of an \n adverse health event.\n ``(5) Annual report.--The agency designated under paragraph \n (1) shall use the database established under such paragraph to \n submit to Congress an annual report regarding the use and \n safety of health information technology.''.","summary":"Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach. And (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved. Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities. Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency. Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals. Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities. Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors. Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.","title":"A bill to amend the American Recovery and Reinvestment Act with respect to the privacy of protected health information.","text_len":14010,"sum_len":2399} {"bill_id":"111_hr2598","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) On December 7, 1941, Japanese forces attacked Clark \n Field, Luzon, Philippines Islands.\n (2) By May 6, 1942, military personnel from the United \n States and the Philippines had bravely and staunchly fought off \n enemy attacks for more than 5 months under strenuous conditions \n that resulted in starvation and disease.\n (3) By maintaining their position and engaging the enemy \n for as long as they did, the soldiers at Bataan were able to \n redefine the momentum of the war and provide other United \n States and Allied forces throughout the Pacific with time to \n plan and prepare for subsequent crucial battles.\n (4) On April 9, 1942, then-Brigadier General Edward King \n surrendered the combined forces of the United States and the \n Philippines on the Bataan Peninsula into enemy hands.\n (5) Over the next week, the soldiers from the United States \n and the Philippines were taken prisoner and forced to march 65 \n miles without any food, water, or medical care in what came to \n be know as the Bataan Death March.\n (6) During this forced march, thousands of soldiers died, \n either from starvation, lack of medical care, sheer exhaustion, \n or abuse by their captors.\n (7) Within the first 40 days at Camp O'Donnell, 1,600 more \n prisoners from the United States died.\n (8) On May 6, 1942, then-Lieutenant General Jonathan M. \n Wainwright surrendered the island fortress of Corregidor and \n its fortified islands into enemy hands.\n (9) Over the next 10 days, prisoners from Corregidor were \n held in the open, exposed to the elements with little or no \n food or water.\n (10) They were subsequently transported to the old Bilibid \n Prison in Manila and held several more days until they were \n loaded into cattle rail cars for transport, followed by a \n forced march of over 20 miles to Cabanatuan.\n (11) The conditions at the camp were substandard, leading \n to increased disease and malnutrition among the prisoners.\n (12) On June 6, 1942, United States prisoners were \n transferred from Camp O'Donnell to Cabanatuan.\n (13) In July 1942, all Filipino prisoners were paroled.\n (14) The prisoners who remained in the camps suffered from \n continued mistreatment, malnutrition, lack of medical care, and \n horrific conditions.\n (15) In 1945, all prisoners were liberated.\n (16) Over the subsequent decades, these prisoners formed \n support groups, were honored in local and State memorials, and \n told their story to all people of the United States.\n (17) Many of these soldiers have now passed away, and those \n who remain continue to tell their story.\n (18) The people of the United States are forever indebted \n to these men for--\n (A) the courage they demonstrated during the first \n 5 months of World War II in fighting against enemy \n soldiers; and\n (B) the perseverance they demonstrated during 3 1\/2 \n years of capture, imprisonment, and atrocious \n conditions, while maintaining dignity, honor, \n patriotism, and loyalty.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n (a) Award Authorized.--The Speaker of the House of Representatives \nand the President pro tempore of the Senate shall make appropriate \narrangements for the award, on behalf of the Congress, of a single gold \nmedal of appropriate design in honor of the soldiers from the United \nStates who were prisoners of war at Bataan\/Corregidor\/Luzon, \ncollectively, in recognition of their personal sacrifice and service to \ntheir country.\n (b) Design and Striking.--For purposes of the award under \nsubsection (a), the Secretary of the Treasury (hereafter in this Act \nreferred to as the ``Secretary'') shall strike the gold medal with \nsuitable emblems, devices, and inscriptions, to be determined by the \nSecretary.\n (c) Smithsonian Institution.--\n (1) In general.--Following the award of the gold medal in \n honor of the prisoners of war at Bataan\/Corregidor\/Luzon under \n subsection (a), the gold medal shall be given to the \n Smithsonian Institution, where it shall be displayed as \n appropriate and made available for research.\n (2) Sense of the congress.--It is the sense of the Congress \n that the Smithsonian Institution should make the gold medal \n received under paragraph (1) available for display at other \n locations, particularly such locations as are associated with \n those who fought in defense of Bataan\/Corregidor\/Luzon and the \n prisoners of war.\n\nSEC. 3. DUPLICATE MEDALS.\n\n (a) Striking of Duplicates.--Under such regulations as the \nSecretary may prescribe, the Secretary may strike duplicates in bronze \nof the gold medal struck under section 2.\n (b) Selling of Duplicates.--The Secretary may sell such duplicates \nunder subsection (a) at a price sufficient to cover the costs of such \nduplicates, including labor, materials, dies, use of machinery, and \noverhead expenses.\n\nSEC. 4. NATIONAL MEDALS.\n\n Medals struck pursuant to this Act are National medals for purposes \nof chapter 51 of title 31, United States Code.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.\n\n (a) Authorization of Appropriations.--There is authorized to be \ncharged against the United States Mint Public Enterprise Fund, an \namount not to exceed $30,000 to pay for the cost of the medal \nauthorized under section 2.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals under section 3 shall be deposited in the United States \nMint Public Enterprise Fund.","summary":"Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war at BataanCorregidorLuzon during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with those who fought in defense of BataanCorregidorLuzon and the prisoners of war.","title":"To grant a Congressional Gold Medal to American military personnel who fought in defense of Bataan\/Corregidor\/Luzon between December 7, 1941 and May 6, 1942.","text_len":6069,"sum_len":527} {"bill_id":"104_hr3058","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Overseas Citizens Voting Rights Act \nof 1996''.\n\nSEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS.\n\n Section 102 of the Uniformed and Overseas Citizens Absentee Voting \nAct (42 U.S.C. 1973ff-1) is amended--\n (1) by striking out ``and'' at the end of paragraph (2);\n (2) by striking out the period at the end of paragraph (3) \n and inserting in lieu thereof ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(4) permit absentee ballots to be received at least until \n the close of polls on election day.''.\n\nSEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO \n SPECIAL, PRIMARY, AND RUNOFF ELECTIONS.\n\n (a) In General.--Section 103(a) of the Uniformed and Overseas \nCitizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended--\n (1) by inserting after ``general'' the following: ``, \n special, primary, and runoff''; and\n (2) by striking out ``States,'' and inserting in lieu \n thereof ``State''.\n (b) Special Rules.--Section 103(c) of the Uniformed and Overseas \nCitizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended--\n (1) in paragraph (1), by inserting after ``candidate or'' \n the following: ``, with respect to a general or special \n election,''; and\n (2) in paragraph (2), by inserting after ``candidate or'' \n the following: ``with respect to a general election''.\n (c) Use of Approved State Absentee Ballot in Place of Federal \nWrite-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas \nCitizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by \nstriking out ``a general'' and inserting in lieu thereof ``an''.\n (d) Certain States Exempted.--Section 103(f) of the Uniformed and \nOverseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is \namended by striking out ``general'' each place it appears.\n (e) Effective Date.--The amendments made by this section shall \napply with respect to elections taking place after December 31, 1996.\n\nSEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS.\n\n (a) In General.--Section 104 of the Uniformed and Overseas Citizens \nAbsentee Voting Act (42 U.S.C. 1973ff-3) is amended--\n (1) by striking out ``and'' at the end of paragraph (8);\n (2) by striking out the period at the end of paragraph (9) \n and inserting in lieu thereof ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(10) in consultation with the Presidential designee, \n consider means for providing for expeditious methods for the \n return of absentee ballots, including return by electronic \n transmittal, with maximum regard for ballot secrecy, audit \n procedures, and other considerations relating to the integrity \n of the election process.''.\n (b) Secrecy and Verification of Electronically Transmitted \nBallots.--Section 104 of the Uniformed and Overseas Citizens Absentee \nVoting Act (42 U.S.C. 1973ff-3) is amended--\n (1) by striking out ``To afford'' and inserting in lieu \n thereof ``(a) In General.--To afford''; and\n (2) by adding at the end the following new subsection:\n ``(b) Secrecy and Verification of Electronically Transmitted \nBallots.--No electronic transmittal or related procedure under \nsubsection (a)(10) that is paid for, in whole or in part, with Federal \nfunds may be carried out in any manner that (1) permits any person \nother than the voter to view a completed ballot, or (2) otherwise \ncompromises ballot secrecy. At the earliest possible opportunity, the \noriginal of each completed ballot that is transmitted electronically \nshall be submitted in a secrecy envelope to the applicable location in \nthe State involved.''\n\nSEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.\n\n (a) In General.--The Uniformed and Overseas Citizens Absentee \nVoting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end \nthe following new sections:\n\n``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.\n\n ``(a) In General.--Each State, in cooperation with the Presidential \ndesignee, shall establish a system for electronic transmittal of \nballoting materials for overseas voters. The system shall provide for--\n ``(1) electronic transmittal as an alternative method for \n transmittal of balloting materials to overseas voters;\n ``(2) use of the format of the official post card form \n prescribed under section 101 (or the format of any other \n registration form provided for under State law) for purposes of \n absentee voter registration application and absentee ballot \n application, with the condition that a State may require \n receipt of a form with an original signature before the ballot \n of the voter is counted;\n ``(3) furnishing of absentee ballots by electronic \n transmittal, from locations within the State, as selected by \n the chief State election official, to overseas voters who \n request such transmittal; and\n ``(4) special alternative methods of transmittal of \n balloting materials for use only when required by an emergency \n declared by the President or the Congress.\n ``(b) Funding Requirement.--The requirements of subsection (a) \nshall apply to a State with respect to an election--\n ``(1) if there is full payment by the Federal Government of \n any additional cost incurred by the State after the date of the \n enactment of this Act for the implementation of such subsection \n (a), with such costs to be determined by the Presidential \n designee and the chief State election official, acting jointly; \n or\n ``(2) in any case of less than full payment, as described \n in paragraph (1), if the State, in the manner provided for \n under the law of the State, agrees to the application of such \n requirements.\n\n``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC \n TRANSMITTAL METHOD.\n\n ``The Presidential designee may not approve use of any method of \nelectronic transmittal for purposes of this Act, unless, not later than \n90 days before the effective date of the approval, the Presidential \ndesignee submits to the Congress a detailed report describing the \nmethod.''.\n (b) Definition Amendment.--Section 107 of the Uniformed and \nOverseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--\n (1) by striking out ``and'' at the end of paragraph (7);\n (2) by striking out the period at the end of paragraph (8) \n and inserting in lieu thereof ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(9) the term `electronic transmittal' means, with respect \n to balloting materials, transmittal by facsimile machine or \n other electronic method approved by the Presidential \n designee.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to elections taking place after December 31, 1996.\n\nSEC. 6. REPORT PROVISION.\n\n Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee \nVoting Act (42 U.S.C. 1973ff(b)(6)) is amended--\n (1) by striking out ``participation and'' and inserting in \n lieu thereof ``participation,''; and\n (2) by inserting before the period at the end the \n following: ``, and a separate analysis of electronic \n transmittal of balloting materials''.\n\n Passed the House of Representatives May 14, 1996.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.","title":"Overseas Citizens Voting Rights Act of 1996","text_len":7961,"sum_len":755} {"bill_id":"103_hr1419","text":"SECTION 1. FINDINGS.\n\n The Congress finds that--\n (1) lead is a naturally occurring element which has been \n used in a variety of industrial applications including \n radiation shields, storage batteries, paint, and gasoline;\n (2) 1 in 6 United States children are victims of lead \n poisoning, according to the Agency for Toxic Substances and \n Disease Registry;\n (3) lead poses a significant environmental health problem \n since adverse effects have been conclusively demonstrated at \n relatively low exposures;\n (4) lead exposures to children under age 7 are of greatest \n concern because of its association with significant neurotoxic \n effects, including reduction in intelligence, attention span \n deficits, and reading and learning disabilities;\n (5) the quantity of lead in house dust appears to be the \n best single indicator of lead levels in the blood of an infant;\n (6) past efforts to abate lead-based paint have relied on \n methods which endangered workers and often resulted in more \n available lead dust for the occupants;\n (7) improving methods for testing and abating lead-based \n paint offers a highly cost effective means of reducing \n exposures and thus preventing childhood lead poisoning; and\n (8) the efforts of the Federal Government to develop and \n disseminate information on the most effective techniques to \n lower human exposure to lead should be improved.\n\nSEC. 2. DETECTION TECHNOLOGIES.\n\n (a) Emerging Technologies Research.--The Administrator of the \nEnvironmental Protection Agency, in consultation with the heads of \nother appropriate Federal agencies, shall develop methods for \nconducting evaluations of lead detection products and techniques. The \nAdministrator shall make available to the public the results of any \nevaluations conducted by such methods as the results of the evaluations \nbecome available.\n (b) Standardization.--Within 2 years after the date of the \nenactment of this Act, the Director of the National Institute of \nStandards and Technology, in consultation with the Administrator of the \nEnvironmental Protection Agency, shall establish protocols, criteria, \nand minimum performance standards to be used in the evaluations \ndescribed in subsection (a) and to ensure reliable, accurate, and \neffective lead detection technologies.\n\nSEC. 3. LEAD EXPOSURE IN CHILDREN.\n\n The Administrator of the Environmental Protection Agency, in \nconsultation with the heads of other appropriate Federal agencies, \nshall conduct a long-term research study to establish the sources of \nlead exposure for children under the age of seven years. The research \nshall, to the greatest extent possible--\n (1) establish profiles for the percentage of such children \n who have an exposure to a particular lead source (such as lead-\n based paint and dust from lead-based paint), and the particular \n route of such exposure (such as drinking water, food, air, and \n soil);\n (2) establish the percentage of each particular kind of \n exposure and route of exposure described in paragraph (1); and\n (3) be broken down by region, economic strata, and any \n other demographic feature the Administrator considers to be \n appropriate.\n\nSEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MANAGEMENT TECHNIQUES.\n\n The Director of the National Institute of Standards and Technology, \nin consultation with the Administrator of the Environmental Protection \nAgency and the heads of other appropriate Federal agencies, shall carry \nout research studies to evaluate which practices and techniques are \nmost effective in reducing human exposure to lead. The research studies \nshall emphasize the development of new technologies and shall address \nthe cost effectiveness of such practices and techniques. The \nAdministrator shall make available to the public the results of such \nstudies as the results become available.\n\nSEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS.\n\n (a) Research.--The Director of the National Institute of Standards \nand Technology, in consultation with the Administrator of the \nEnvironmental Protection Agency and the heads of other appropriate \nFederal agencies, shall conduct research on the safety, efficacy, \ndurability, and other relevant performance properties of lead removal \nand containment products.\n (b) Standardization.--Within 24 months after the date of enactment \nof this Act, the Director of the National Institute of Standards and \nTechnology shall establish performance criteria and standards for lead \nremoval and containment products.\n\nSEC. 6. PUBLIC EDUCATION.\n\n The Administrator of the Environmental Protection Agency, in \ncooperation with other appropriate Federal agencies, shall sponsor \npublic education and outreach efforts to increase awareness of the \nscope, severity, and sources of lead exposure. The Administrator shall \nfocus such public education and efforts in a manner which provides, to \nthe greatest extent possible, information to the children for whom \nprofiles are established in section 3 about the particular kind and \nroute of lead exposure of such children.\n\nSEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOTLINE.\n\n The Administrator of the Environmental Protection Agency shall \nensure that any information which is made available to the public \npursuant to this Act is made available through the clearinghouse and \nhotline established pursuant to section 405(e) of the Toxic Control \nSubstances Act (15 U.S.C. 2601 et seq.) in addition to any other means \nof availability the Administrator considers to be appropriate.\n\nSEC. 8. STATE PROGRAMS.\n\n (a) Grant Assistance.--The Governor of a State may apply to the \nAdministrator of the Environmental Protection Agency for a grant to \ncompile (particularly through the use of questionnaires) data on lead \nexposure in the State, to coordinate with other States the collection \nof such data in order to build a national data base on lead exposure, \nand to carry out public outreach programs on lead exposure.\n (b) Grant Management.--\n (1) Criteria for selection.--In selecting States for grants \n under subsection (a) the Administrator shall review--\n (A) the previous experience of the State in \n addressing lead exposure and lead exposure data \n collection issues;\n (B) the seriousness of the lead exposure issues \n identified by the State; and\n (C) the State standards for techniques and \n practices to reduce human exposure to lead.\n (2) Availability of sufficient funding.--In selecting \n States for grants under subsection (a), the Administrator shall \n focus resources to ensure that sufficient funds are available \n to selected States to provide for comprehensive collection and \n coordination of lead exposure data and for sufficient public \n outreach programs.\n (3) Federal share of funding.--The Federal share of grants \n under subsection (a) shall not exceed 75 percent of the costs \n incurred by the State to carry out the activities described in \n such subsection and shall be made on the condition that the \n non-Federal share is provided from non-Federal funds.\n (4) Availability of funds.--Funds granted pursuant to \n subsection (a) in a fiscal year shall remain available for \n obligation for that fiscal year and for the next following \n fiscal year.\n (5) Limitation on receipt of grant in following year.--No \n grant shall be made under this section in any fiscal year to a \n State which in the preceding year received a grant under this \n section unless the Administrator determines that such State \n satisfactorily implemented such grant activities in such \n preceding fiscal year.\n (6) Information required in grant application.--States \n shall provide such information in applications for grant \n assistance and pertaining to grant funded activities as the \n Administrator requires.\n (c) Coordination.--In carrying out this section, the Administrator \nshall coordinate with the Director of the National Institute of \nStandards and Technology.\n\nSEC. 9. REPORTS.\n\n Not later than 24 months after the date of the enactment of this \nAct, the Director of the National Institute of Standards and Technology \nand the Administrator of the Environmental Protection Agency shall \njointly submit to the Congress an initial report detailing the \nactivities undertaken by the Director and the Administrator pursuant to \nthis Act, including the results of studies conducted pursuant to this \nAct and any recommendations for administrative and legislative action \nthat the Director and the Administrator consider appropriate. After \nsubmission of the initial report, the Director and the Administrator \nshall submit to the Congress an update of the initial report as often \nas the Director and the Administrator consider necessary.","summary":"Requires the Administrator of the Environmental Protection Agency to: (1) develop evaluation methods for lead detection products and techniques. (2) conduct long-term research to establish the sources of children's lead exposure. And (3) sponsor related public education and outreach efforts, including telephone hotline and clearinghouse systems. Requires the Director of the National Institute of Standards and Technology to conduct research on: (1) effective practices, techniques, and new technologies to reduce human exposure to lead. And (2) safety and effectiveness of lead removal and containment products. Authorizes State grants for compilation of lead exposure data.","title":"To authorize research and evaluation programs for monitoring, detecting, and abating lead based paint and other lead exposure hazards in housing, and for other purposes.","text_len":9309,"sum_len":677} {"bill_id":"104_s1372","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Citizens' Freedom to Work \nAct''.\n\nSEC. 2. ADJUSTMENTS IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL \n SECURITY EARNINGS TEST.\n\n (a) Increase in Monthly Exempt Amount for Individuals Who Have \nAttained Retirement Age.--\n (1) In general.--Section 203(f)(8)(D) of the Social \n Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as \n follows:\n ``(D)(i) Notwithstanding any other provision of this \n subsection, the exempt amount which is applicable to an \n individual who has attained retirement age (as defined in \n section 216(l)) before the close of the taxable year involved \n shall be--\n ``(I) $1,208.33\\1\/3\\ for each month of any taxable \n year ending after 1995 and before 1997,\n ``(II) $1,416.66\\2\/3\\ for each month of any taxable \n year ending after 1996 and before 1998,\n ``(III) $1,666.66\\2\/3\\ for each month of any \n taxable year ending after 1997 and before 1999,\n ``(IV) $1,875.00 for each month of any taxable year \n ending after 1998 and before 2000,\n ``(V) $2,083.33\\1\/3\\ for each month of any taxable \n year ending after 1999 and before 2001,\n ``(VI) $2,291.66\\2\/3\\ for each month of any taxable \n year ending after 2000 and before 2002, and\n ``(VII) $2,500.00 for each month of any taxable \n year ending after 2001 and before 2003.''.\n (2) Increased amounts subject to present law cost-of-living \n adjustment after 2002.--Section 203(f)(8)(D) of such Act (42 \n U.S.C. 403(f)(8)(D)), as amended by paragraph (1), is amended \n by adding at the end the following new clause:\n ``(ii) For purposes of this paragraph, the increase in the \n exempt amount provided under clause (i)(VII) shall be deemed to \n have resulted from a determination which shall be deemed to \n have been made under subparagraph (A) in 2001.''.\n (3) Conforming amendment.--The second sentence of section \n 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by \n striking ``the exempt amount under section 203(f)(8) which is \n applicable to individuals described in subparagraph (D) \nthereof'' and inserting the following: ``an amount equal to the exempt \namount which would have been applicable under section 203(f)(8), to \nindividuals described in subparagraph (D) thereof, if the amendments \nmade to such section by the Senior Citizens' Freedom to Work Act had \nnot been enacted''.\n (4) Effective date of subsection.--The amendments made by \n this subsection shall apply with respect to taxable years \n beginning after 1995.\n (b) Compensation of Trust Fund for Increased Outlays.--\n (1) In general.--Section 201(d) of the Social Security Act \n (42 U.S.C. 401(d)) is amended--\n (A) by inserting ``(1)'' after ``(d)'';\n (B) in the fifth sentence, by striking ``shall bear \n interest'' and inserting ``shall (subject to paragraph \n (2)) bear interest''; and\n (C) by adding at the end the following new \n paragraph:\n ``(2) In the case of the Federal Old-Age and Survivors Insurance \nTrust Fund, the Managing Trustee shall increase the rate of interest \n(otherwise specified in the fifth sentence of paragraph (1)) which is \nto be borne by obligations referred to in the fourth sentence of \nparagraph (1) issued after September 30, 1995, and before October 1, \n2002, by .25 percent point for each fiscal year beginning after \nSeptember 30, 1995, and before October 1, 2002. For purposes of this \nparagraph, any obligation in which any portion of such Trust Fund is \ninvested which was issued before October 1, 1995, shall be deemed to \nhave matured on September 30, 1995, and to have been reissued on \nOctober 1, 1995, with the same maturation date and same rate of \ninterest (subject to the increase provided under this paragraph).''.\n (2) Effective date of subsection.--The amendments made by \n this subsection shall apply with respect to obligations issued \n after December 31, 1995.\n (c) Additional Offsets.--\n (1) In general.--Notwithstanding any other provision of \n law, each nonexempt account within the discretionary spending \n category for each of the fiscal years 1996 through 2002 shall \n be reduced, if necessary, by the uniform percentage necessary \n to offset the Federal Old-Age and Survivors Insurance Trust \n Fund shortfall resulting from the amendments made to section \n 203(f)(8) of the Social Security Act by the Senior Citizens' \n Freedom to Work Act.\n (2) Effective date.--The reductions required by this \n subsection shall be implemented pursuant to a Presidential \n order as provided for a sequester to eliminate a budget-year \n breach under section 251 of the Balanced Budget and Deficit \n Control Act of 1985. The reductions required by this subsection \n shall be in addition to any reductions required by section 251 \n of the Balanced Budget and Deficit Control Act of 1985.\n (d) Report by GAO.--Not later than the date which is 2 years after \nthe date of the enactment of this Act, the Comptroller General of the \nUnited States shall report to the Congress regarding an analysis of the \ndynamic effect of the reform of the social security earnings limit \nunder section 203(f)(8) of the Social Security Act, as provided by \nsubsection (a) of this section, and a calculation of the reform's true \neffect on the Federal budget.","summary":"Senior Citizens' Freedom to Work Act - Amends title II (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth the schedule of monthly adjustments increasing from $1,208 for taxable year 1996 to $2,500 for taxable year 2002. Subjects such increased amounts to current law cost-of-living adjustments after 2002. Requires the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund to increase by a specified percentage per year the rate of interest borne by public-debt obligations issued for purchase by the OASDI trust funds between September 30, 1995, and October 1, 2002. Provides that each nonexempt account within the discretionary spending category for each of FY 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments of this Act increasing the monthly exempt amount. Directs the Comptroller General to analyze and report to the Congress on the dynamic effect of the revision of the social security earnings limit made by this Act and a calculation of its true effect on the Federal budget.","title":"Senior Citizens' Freedom to Work Act","text_len":5931,"sum_len":1256} {"bill_id":"108_s2730","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco \nCessation Promotion Act of 2004''.\n\nSEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.\n\n (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 \nU.S.C. 1395x(s)(2)) is amended--\n (1) in subparagraph (Y), by striking ``and'' at the end;\n (2) in subparagraph (Z), by inserting ``and'' at the end; \n and\n (3) by adding at the end the following new subparagraph:\n ``(AA) counseling for cessation of tobacco use (as defined \n in subsection (bbb));''.\n (b) Services Described.--Section 1861 of the Social Security Act \n(42 U.S.C. 1395x) is amended by adding at the end the following new \nsubsection:\n\n ``Counseling for Cessation of Tobacco Use\n\n ``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for \ncessation of tobacco use' means diagnostic, therapy, and counseling \nservices for cessation of tobacco use for individuals who use tobacco \nproducts or who are being treated for tobacco use which are furnished--\n ``(i) by or under the supervision of a physician;\n ``(ii) by a practitioner described in clause (i), (iii), \n (iv), (v) or (vi) of section 1842(b)(18)(C); or\n ``(iii) by a licensed tobacco cessation counselor (as \n defined in paragraph (2)).\n ``(B) Such term is limited to--\n ``(i) services recommended in `Treating Tobacco Use and \n Dependence: A Clinical Practice Guideline', published by the \n Public Health Service in June 2000, or any subsequent \n modification of such Guideline; and\n ``(ii) such other services that the Secretary recognizes to \n be effective.\n ``(2) In this subsection, the term `licensed tobacco cessation \ncounselor' means a tobacco cessation counselor who--\n ``(A) is licensed as such by the State (or in a State which \n does not license tobacco cessation counselors as such, is \n legally authorized to perform the services of a tobacco \n cessation counselor in the jurisdiction in which the counselor \n performs such services); and\n ``(B) meets uniform minimum standards relating to basic \n knowledge, qualification training, continuing education, and \n documentation that are established by the Secretary for \n purposes of this subsection.''.\n (c) Payment and Elimination of Cost-Sharing for Counseling for \nCessation of Tobacco Use.--\n (1) Payment and elimination of coinsurance.--Section \n 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) \n is amended--\n (A) by striking ``and'' before ``(V)''; and\n (B) by inserting before the semicolon at the end \n the following: ``, and (W) with respect to counseling \n for cessation of tobacco use (as defined in section \n 1861(ww)), the amount paid shall be 100 percent of the \n lesser of the actual charge for the service or the \n amount determined by a fee schedule established by the \n Secretary for purposes of this subparagraph''.\n (2) Elimination of coinsurance in outpatient hospital \n settings.--\n (A) Exclusion from opd fee schedule.--Section \n 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. \n 1395l(t)(1)(B)(iv)) is amended by striking ``and \n diagnostic mammography'' and inserting ``, diagnostic \n mammography, or counseling for cessation of tobacco use \n (as defined in section 1861(bbb))''.\n (B) Conforming amendments.--Section 1833(a)(2) of \n the Social Security Act (42 U.S.C. 1395l(a)(2)) is \n amended--\n (i) in subparagraph (F), by striking \n ``and'' after the semicolon at the end;\n (ii) in subparagraph (G)(ii), by striking \n the comma at the end and inserting ``; and''; \n and\n (iii) by inserting after subparagraph \n (G)(ii) the following new subparagraph:\n ``(H) with respect to counseling for cessation of \n tobacco use (as defined in section 1861(bbb)) furnished \n by an outpatient department of a hospital, the amount \n determined under paragraph (1)(W),''.\n (3) Elimination of deductible.--The first sentence of \n section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) \n is amended--\n (A) by striking ``and'' before ``(6)''; and\n (B) by inserting before the period the following: \n ``, and (7) such deductible shall not apply with \n respect to counseling for cessation of tobacco use (as \n defined in section 1861(bbb))''.\n (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of \nthe Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by \nadding at the end the following new clause:\n ``(vii) A licensed tobacco cessation counselor (as defined \n in section 1861(bbb)(2)).''.\n (e) Inclusion as Part of Initial Preventive Physical Examination.--\nSection 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) \nis amended by adding at the end the following new subparagraph:\n ``(L) Counseling for cessation of tobacco use (as defined \n in subsection (bbb)).''.\n (f) Effective Date.--The amendments made by this section shall \napply to services furnished on or after the date that is 1 year after \nthe date of enactment of this Act.\n\nSEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY.\n\n (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--\nSection 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-\n102(e)(1)) is amended--\n (1) in subparagraph (A), by striking ``or'' after the \n semicolon at the end;\n (2) in subparagraph (B), by striking the comma at the end \n and inserting ``; or''; and\n (3) by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) any agent approved by the Food and Drug \n Administration for purposes of promoting, and when used \n to promote, tobacco cessation that may be dispensed \n without a prescription (commonly referred to as an \n `over-the-counter' drug), but only if such an agent is \n prescribed by a physician (or other person authorized \n to prescribe under State law),''.\n (b) Establishment of Categories and Classes Consisting of Tobacco \nCessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act \n(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the \nfollowing new clause:\n ``(iv) Categories and classes of tobacco \n cessation agents.--There shall be a therapeutic \n category or class of covered part D drugs \n consisting of agents approved by the Food and \n Drug Administration for cessation of tobacco \n use. Such category or class shall include \n tobacco cessation agents described in \n subparagraphs (A) and (C) of section 1860D-\n 2(e)(1).''.\n (c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social \nSecurity Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``, \nother than subparagraph (E) of such section (relating to smoking \ncessation agents),''.\n\nSEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.\n\n (a) Coverage of Tobacco Cessation Counseling Services.--\n (1) In general.--Section 1905(a) of the Social Security Act \n (42 U.S.C. 1396d(a)) is amended--\n (A) in paragraph (26), by striking ``and'' after \n the semicolon at the end;\n (B) by redesignating paragraph (27) as paragraph \n (28); and\n (C) by inserting after paragraph (26) the following \n new paragraph:\n ``(27) at the option of the State, counseling for cessation \n of tobacco use (as defined in section 1861(bbb)); and''.\n (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of \n the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is \n amended by inserting ``or (27)'' after ``(24)''.\n (b) Elimination of Optional Exclusion From Medicaid Prescription \nDrug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of \nthe Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--\n (1) by striking subparagraph (E);\n (2) by redesignating subparagraphs (F) through (J) as \n subparagraphs (E) through (I), respectively; and\n (3) in subparagraph (F) (as redesignated by paragraph (2)), \n by inserting before the period at the end the following: ``, \n other than agents approved by the Food and Drug Administration \n for purposes of promoting, and when used to promote, tobacco \n cessation''.\n (c) Removal of Cost-Sharing for Tobacco Cessation Counseling \nServices and Medications.--Subsections (a)(2) and (b)(2) of section \n1916 of the Social Security Act (42 U.S.C. 1396o) are each amended--\n (1) in subparagraph (D), by striking ``or'' after the comma \n at the end;\n (2) in subparagraph (E), by striking ``; and'' and \n inserting ``, or''; and\n (3) by adding at the end the following new subparagraph:\n ``(F)(i) counseling for cessation of tobacco use \n described in section 1905(a)(27); or\n ``(ii) covered outpatient drugs (as defined in \n paragraph (2) of section 1927(k), and including \n nonprescription drugs described in paragraph (4) of \n such section) that are prescribed for purposes of \n promoting, and when used to promote, tobacco cessation; \n and''.\n (d) Increased FMAP for Tobacco Cessation Counseling Services and \nMedications.--The first sentence of section 1905(b) of the Social \nSecurity Act (42 U.S.C. 1396d(b)) is amended--\n (1) by striking ``and'' before ``(4)''; and\n (2) by inserting before the period the following: ``, and \n (5) for purposes of this title, the Federal medical assistance \n percentage shall be 80 percent with respect to amounts expended \n as medical assistance for counseling for cessation of tobacco \n use described in subsection (a)(27) and for covered outpatient \n drugs (as defined in paragraph (2) of section 1927(k), and \n including nonprescription drugs described in paragraph (4) of \n such section) that are prescribed for purposes of promoting, \n and when used to promote, tobacco cessation''.\n (e) Effective Date.--The amendments made by this section shall \napply to services furnished on or after the date that is 1 year after \nthe date of enactment of this Act.\n\nSEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD \n HEALTH SERVICES BLOCK GRANT PROGRAM.\n\n (a) Quality Maternal and Child Health Services Includes Tobacco \nCessation Counseling and Medications.--Section 501 of the Social \nSecurity Act (42 U.S.C. 701) is amended by adding at the end the \nfollowing new subsection:\n ``(c) For purposes of this title, quality maternal and child health \nservices include the following:\n ``(1) Counseling for cessation of tobacco use (as defined \n in section 1861(bbb)).\n ``(2) The encouragement of the prescribing and use of \n agents approved by the Food and Drug Administration for \n purposes of tobacco cessation.\n ``(3) The inclusion of messages that discourage tobacco use \n in health promotion counseling.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date that is 1 year after the date of enactment of \nthis Act.","summary":"Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use. And (2) tobacco cessation pharmacotherapy. Provides for similar benefits under SSA titles V and XIX (Medicaid).","title":"A bill to amend title V, XVIII, and XIX of the Social Security Act to promote cessation of tobacco use under the medicare program, the medicaid program, and the maternal and child health services block grant program.","text_len":12490,"sum_len":320} {"bill_id":"107_hr108","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Seabed Protection Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) More than \\2\/3\\ of Earth's surface is covered by \n oceans.\n (2) The oceans and marine waters contain a greater variety \n of forms of life than exists on land, and scientists are \n continually discovering new forms of life in previously \n unexplored, unique habitats.\n (3) The earth's human population is dependent upon the \n products of the oceans for income, nutrition, medicines, raw \n materials, and valuable natural services such as climate \n regulation, flood control, and storm surge protection.\n (4) The practice and technology of bottom trawling and use \n of other mobile fishing gear on the seabed has increased to the \n point that an area of seabed twice the size of the contiguous \n United States is affected by these practices each year.\n (5) These practices result in a loss of biological \n diversity, which is detrimental not only to the ocean \n environment itself but also to the industries and people that \n depend on that environment.\n (6) Little is known about the recoverability of the seabed \n from the effects of bottom trawling and use of other mobile \n fishing gear on the seabed. However, due to the slow rates of \n growth and reproduction of some marine species, it is believed \n that full recovery in some areas may take decades or centuries.\n\nSEC. 3. MORATORIUM.\n\n (a) In General.--Notwithstanding any provision of the Magnuson-\nStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et \nseq.), no person may engage in bottom trawling or use of other mobile \nfishing gear on the seabed in any marine area described in subsection \n(b), until--\n (1) the National Marine Fisheries Service has completed a \n study and determined the effects of those practices in those \n areas;\n (2) the Secretary of Commerce has determined, based on \n findings of such a study and other pertinent scientific \n information, that the impacts of bottom trawling and such other \n mobile fishing gear on biodiversity, marine habitat, and \n productivity of fish stocks is negligible; and\n (3) the Secretary of Commerce has approved and implemented \n fishery management plans for those areas, that--\n (A) are developed by the appropriate regional \n fishery management councils in accordance with that \n Act;\n (B) encourage the use of fishing gears that are \n less destructive of habitat than bottom trawling and \n other mobile fishing gear on the seabed; and\n (C) prohibit use of bottom trawling and other \n mobile fishing gear practices that threaten the \n continued sustainability of ecosystems in those areas.\n (b) Marine Areas Described.--\n (1) In general.--The marine areas referred to in subsection \n (a) are the following:\n (A) The Heceta Banks, located off the coast of \n Oregon, 125 00' w-124 45' w\/ 43 55' n-44 15' n.\n (B) Cordell Bank, located off the coast of central \n California, 123 20' w-123 38' w\/ 37 55' n-30 05' n.\n (C) The Gulf of the Farallones outside of the line \n that is three miles from the coastline, located off the \n coast of California, 122 35' w-123 15''w\/ 37 30' n-38 \n 05' n.\n (D) Tanner and Cortez Banks, located off the coast \n of southern California, 119 00' w-119 25' w\/ 32 50 n-32 \n 20' n.\n (E) Punta Gorda, located off the coast of northern \n California, 124 23' w-124 50' w\/ 4-20' n-40 10' n.\n (F) Cape Blanco, located off the coast of Oregon, \n 124 42' w-124 55' w\/ 42 40' n-43 00n.\n (G) Florida Middle Grounds located in the Gulf of \n Mexico off the coast of Florida, 84 40'w-85 15' w\/ 28 \n 10'n-28 55n.\n (H) Dry Tortugas, located in the Gulf of Mexico off \n the coast of Florida, 82 40'2w-83 10'w\/ 24 30'n 24 \n 50'n.\n (I) Nantucket Shoals, located off the coast of Cape \n Cod, Massachusetts, 69 00'w-70 20'w\/ 40 30'n-41 00'n.\n (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon \n Bank, located in the Gulf of Maine, 69 50'w-70 30'w\/42 \n 08'n-43 15'n.\n (K) Cashes Ledge, located in the Gulf of Maine, 68 \n 40'w-69 15'w\/42 30'n-43 15'n.\n (L) Stonewall Bank of the central Oregon coast, 124 \n 20'w-124 28'w\/44 27'n-44 39'n.\n (M) Rogue River Reef off the southern Oregon coast, \n 124 35'w-124 50'w\/42 25'n-42 35'n.\n (2) Further description by secretary.--For purposes of this \n Act, the Secretary of Commerce may more particularly describe \n the areas listed in paragraph (1).\n (c) Report.--The Secretary of Commerce shall report annually to the \nCommittee on Resources of the House of Representatives and the \nCommittee on Commerce of the Senate regarding the recovery of areas \ndescribed in subsection (b) from the effects of bottom trawling and use \nof other mobile fishing gear on the seabed.\n (d) Limitation on Application.--Subsection (a) shall not apply to \nan area after the date the Secretary publishes a finding that there are \nin effect, under State law or a fishery management plan under the \nMagnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. \n1801 et seq.), measures that are at least as effective as subsection \n(a) in maintaining the sustainability of ecosystems in that area.\n (e) Definitions.--In this section:\n (1) Negligible.--The term ``negligible'' means--\n (A) insufficient to diminish the productivity of \n fish stocks; and\n (B) insufficient to significantly reduce other \n marine life.\n (2) Sustainability of ecosystems.--The term \n ``sustainability of ecosystems'' means the capability of \n ecosystems to--\n (A) maintain productivity of fish stocks at maximum \n sustainable yield specified for those fish stocks in \n fishery management plans in effect under the Magnuson-\n Stevens Fishery Conservation and Management Act (16 \n U.S.C. 1801 et seq.); and\n (B) maintain types and abundances of other marine \n species normally found within similar areas that are \n not subject to bottom trawling and other mobile fishing \n gear practices.","summary":"Seabed Protection Act - Prohibits any person from engaging in bottom trawling or use of other mobile fishing gear on the seabed in specified marine areas until: (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices. (2) the Secretary of Commerce has determined that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible. And (3) the Secretary has approved and implemented fishery management plans that are developed by the appropriate regional fishery management councils, that encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear, and that prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems. Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed. Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area.","title":"To establish a moratorium on bottom trawling and use of other mobile fishing gear on the seabed in certain areas off the coast of the United States.","text_len":7123,"sum_len":1469} {"bill_id":"110_hr3781","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biodiesel Promotion and Quality \nAssurance Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the promotion of the biodiesel industry of the United \n States is a critical component of an energy policy that reduces \n dependence on foreign sources of petroleum;\n (2) a strong biodiesel industry will--\n (A) significantly enhance the energy security of \n the United States; and\n (B) promote economic development and job creation \n (particularly in rural areas of the United States), \n while providing environmental, health, and greenhouse \n gas reduction benefits;\n (3) a federally-implemented biodiesel standard will result \n in the most efficient pricing for biodiesel across the United \n States;\n (4) it is critical to ensure that only high quality \n biodiesel is dispensed;\n (5) biodiesel contributes to cleaner air and lifecycle \n reductions of greenhouse gases;\n (6) biodiesel is an environmentally safe fuel, and is the \n most viable transportation fuel when measuring its carbon \n footprint, life cycle and energy balance;\n (7) the United States Department of Agriculture lifecycle \n study shows a 78.4 percent reduction in lifecycle CO2 for B100;\n (8) 1 billion gallons of biodiesel will reduce current life \n cycle greenhouse gas emissions by 16.12 billion pounds, the \n equivalent of removing 1.4 million passenger vehicles from \n America's roads; and\n (9) in 2006 alone, biodiesel's contribution to reducing \n greenhouse gas emissions was equal to removing 350,000 \n passenger vehicles from America's roads.\n\nSEC. 3. BIODIESEL FUEL STANDARD.\n\n Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by \ninserting after subsection (o) the following:\n ``(p) Biodiesel Fuel.--\n ``(1) Definitions.--In this subsection:\n ``(A) ASTM.--The term `ASTM' means the American \n Society of Testing and Materials.\n ``(B) Bio-based diesel replacement.--The term `bio-\n based diesel replacement' means any type of bio-based \n renewable fuel derived from plant or animal matter \n that--\n ``(i) may be used as a substitute for \n standard diesel fuel; and\n ``(ii) meets--\n ``(I) the registration requirements \n for fuels and fuel additives under this \n section; and\n ``(II) the requirements of \n applicable ASTM standards.\n ``(C) Biodiesel.--\n ``(i) In general.--The term `biodiesel' \n means the monoalkyl esters of long chain fatty \n acids derived from plant or animal matter that \n meet--\n ``(I) the registration requirements \n for fuels and fuel additives under this \n section; and\n ``(II) the requirements of ASTM \n standard D6751.\n ``(ii) Inclusion.--For the purpose of \n measuring the applicable volume of the \n biodiesel fuel standard under paragraph (2), \n the term `biodiesel' includes any bio-based \n diesel replacement that meets--\n ``(I) applicable registration \n requirements for fuels and fuel \n additives under this section; or\n ``(II) applicable ASTM standards.\n ``(D) Biodiesel blend.--The term `biodiesel blend' \n means a blend of biodiesel fuel that meets the \n requirements of ASTM standard D6751 with petroleum-\n based diesel fuel.\n ``(2) Biodiesel fuel standard.--\n ``(A) In general.--Not later than 1 year after the \n date of enactment of this subsection, the Administrator \n shall promulgate regulations to ensure that diesel fuel \n sold or introduced into commerce in the United States, \n on an annual average basis, contains the applicable \n volume of biodiesel determined in accordance with \n subparagraphs (B) and (C).\n ``(B) Calendar years 2008 through 2012.--For the \n purpose of subparagraph (A), the applicable volume for \n any of calendar years 2008 through 2012 shall be \n determined in accordance with the following table:\n Applicable volume of biodiesel \n``Calendar year: (in millions of gallons):\n 2008................................................... 450 \n 2009................................................... 625 \n 2010................................................... 800 \n 2011................................................... 1,000 \n 2012................................................... 1,250.\n ``(C) Calendar year 2013 and thereafter.--For the \n purpose of subparagraph (A), the applicable volume for \n calendar year 2013 and each calendar year thereafter \n shall be determined by the Administrator, in \n consultation with the Secretary of Energy and the \n Secretary of Agriculture, based on a review of the \n implementation of the program during calendar years \n 2008 through 2012, including a review of--\n ``(i) the impact of the use of renewable \n fuels on the environment, air quality, energy \n security, job creation, and rural economic \n development; and\n ``(ii) the expected annual rate of future \n production of biodiesel.\n ``(D) Minimum percentage of biodiesel.--For the \n purpose of subparagraph (B), at least 80 percent of the \n minimum applicable volume for each of calendar years \n 2008 through 2012 shall be biodiesel.\n ``(E) Compliance.--The regulations promulgated \n under subparagraph (A) shall contain compliance \n provisions applicable to refineries, blenders, \n distributors, and importers, as appropriate, to ensure \n that the requirements of this paragraph are met, but \n shall not--\n ``(i) restrict geographic areas in which \n biodiesel may be used; or\n ``(ii) impose any per-gallon obligation for \n the use of biodiesel.\n ``(F) Waivers.--\n ``(i) Market evaluation.--The \n Administrator, in consultation with the \n Secretary of Energy and the Secretary of \n Agriculture, shall continually evaluate the \n impact of the biodiesel requirements \n established under this paragraph on the price \n of diesel fuel.\n ``(ii) Waiver.--If the Administrator \n determines that there is a significant \n biodiesel feedstock disruption or other market \n circumstances that would make the price of \n biodiesel fuel unreasonable, the Administrator, \n with the concurrence of the Secretary of Energy \n and the Secretary of Agriculture, shall issue \n an order to reduce, for a 60-day period, the \n quantity of biodiesel required under \n subparagraph (A) by an appropriate quantity \n that does not exceed 15 percent of the \n applicable annual requirement for biodiesel.\n ``(iii) Factors.--In making determinations \n under this subparagraph, the Administrator \n shall consider--\n ``(I) the purposes of this Act;\n ``(II) the differential between the \n price of diesel fuel and the price of \n biodiesel; and\n ``(III) the impact the biodiesel \n mandate has on consumers.\n ``(iv) Extensions.--If the Administrator \n determines that the feedstock disruption or \n circumstances described in clause (ii) is \n continuing beyond the 60-day period described \n in clause (ii) or this clause, the \n Administrator, with the concurrence of the \n Secretary of Energy and the Secretary of \n Agriculture, may issue an order to reduce, for \n an additional 60-day period, the quantity of \n biodiesel required under subparagraph (A) by an \n appropriate quantity that does not exceed an \n additional 15 percent of the applicable annual \n requirement for biodiesel.\n ``(v) Restoration.--If the Administrator \n determines that the feedstock disruption or \n circumstances described in clause (ii) or (iv) \n has concluded and that it is practicable, the \n Administrator, with the concurrence of the \n Secretary of Energy and the Secretary of \n Agriculture, may issue an order to increase the \n quantity of biodiesel required under \n subparagraph (A) by an appropriate quantity to \n account for the gallons of biodiesel not used \n during the period a waiver or extension was in \n effect under this subparagraph.\n ``(G) Preemption.--\n ``(i) In general.--Except as provided in \n clause (ii) of this subparagraph, the \n provisions of this section shall supersede any \n law of any State or political subdivision \n thereof insofar as it mandates the use of \n biodiesel.\n ``(ii) Construction and application.--\n Nothing in this section shall be construed--\n ``(I) to supersede any biodiesel \n mandate provided in any law described \n in clause (i) that is enacted as of \n January 1, 2008;\n ``(II) to prohibit a State or \n political subdivision thereof from \n mandating the use of biodiesel in \n vehicles owned by such State or \n political subdivisions thereof; or\n ``(III) to prohibit a State or \n political subdivision thereof from \n enacting financial incentives to \n promote the voluntary use of \n biodiesel.''.\n\nSEC. 4. BIODIESEL QUALITY.\n\n Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) \n(as added by section 3(a)) is amended by adding at the end the \nfollowing:\n ``(3) Biodiesel quality.--\n ``(A) Quality regulations.--Not later than 180 days \n after the date of enactment of this subsection, the \n Administrator, in consultation with the Secretary of \n Energy and the Secretary of Agriculture, shall \n promulgate regulations to ensure that only high-quality \n biodiesel that is consistent with appropriate ASTM \n International standards for biodiesel and biodiesel \n blends is introduced into commerce.\n ``(B) Enforcement.--The Administrator shall \n establish an inspection program to ensure that \n biodiesel and biodiesel blends entering commerce meets \n the standards established under subparagraph (A).\n ``(C) Violations.--Regardless of whether the \n Administrator promulgates regulations under \n subparagraph (A), it shall be a violation of this Act \n to produce or distribute--\n ``(i) biodiesel or any bio-based diesel \n replacement that does not meet the requirements \n of ASTM standard D6751; or\n ``(ii) a biodiesel blend that does not meet \n the equivalent ASTM standard, as determined by \n the Administrator.\n ``(D) Funding.--There are authorized to be \n appropriated to carry out this paragraph $3,000,000 for \n each of fiscal years 2008 through 2010.''.\n\nSEC. 5. BIODIESEL LABELING.\n\n Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) \n(as amended by section 4) is amended by adding at the end the \nfollowing:\n ``(4) Biodiesel labeling.--\n ``(A) In general.--Each retail diesel fuel pump \n shall be labeled in a manner that informs consumers of \n the percent of biodiesel that is contained in the \n biodiesel blend that is offered for sale, as determined \n by the Administrator.\n ``(B) Labeling requirements.--Not later than 180 \n days after the date of enactment of this subsection, \n the Administrator shall promulgate biodiesel labeling \n requirements as follows:\n ``(i) Biodiesel blends that contain less \n than or equal to 5 percent biodiesel by volume \n and that meet ASTM D975 diesel specifications \n shall not require any additional labels.\n ``(ii) Biodiesel blends that contain more \n than 5 percent biodiesel by volume but not more \n than 20 percent by volume shall be labeled \n `contains biodiesel in quantities between 5 \n percent and 20 percent'.\n ``(iii) Biodiesel blends that contain more \n than 20 percent biodiesel by volume shall be \n labeled `contains more than 20 percent \n biodiesel'.''.","summary":"Biodiesel Promotion and Quality Assurance Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel fuel sold in the United States contains the volume of biodiesel specified for 2008 through 2012. Requires the Administrator to determine the volume for 2013 and thereafter based on a review of the program. Requires at least 80 of the minimum applicable volume for each of 2008 through 2012 to be biodiesel. Requires the biodiesel fuel standards to contain compliance provisions applicable to refineries, blenders, distributors, and importers. Prohibits such standards from restricting geographic areas in which biodiesel may be used or imposing any per-gallon obligation for the use of biodiesel. Authorizes the Administrator to reduce the quantity of biodiesel required by a specified amount if market circumstances would make the price of biodiesel fuel unreasonable. Declares that nothing in this Act shall be construed to supersede any biodiesel mandate provided in any state or local law enacted as of January 1, 2008. Requires the Administrator to: (1) promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate International standards is introduced into commerce. And (2) establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meet such standards. Prohibits the production of distribution of biodiesel, a biodiesel blend, or any bio-based diesel replacement that does not meet American Society of Testing and Materials standards, regardless of whether the Administrator promulgates such regulations. Requires retail diesel fuel pumps to be labeled to inform consumers of the percent of biodiesel in the biodiesel blend.","title":"To amend the Clean Air Act to promote and assure the quality of biodiesel fuel, and for other purposes.","text_len":15931,"sum_len":1813} {"bill_id":"105_hr3095","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bipartisan Panel to Design Long-\nRange Social Security Reform Act of 1998''.\n\nSEC. 2. ESTABLISHMENT OF PANEL.\n\n There is established a panel to be known as the Bipartisan Panel to \nDesign Long-Range Social Security Reform (in this Act referred to as \nthe ``Panel'').\n\nSEC. 3. DUTIES OF PANEL.\n\n The Panel shall design a single set of legislative and \nadministrative recommendations for long-range reforms for restoring the \nsolvency of the social security system and maintaining retirement \nincome security in the United States.\n\nSEC. 4. MEMBERSHIP OF THE PANEL.\n\n (a) Number and Appointment.--The Panel shall be composed of eight \nmembers, of whom--\n (1) two shall be appointed by the President,\n (2) four shall be appointed jointly by the Speaker of the \n House of Representatives, the Minority Leader of the House of \n Representatives, the Majority Leader of the Senate, and the \n Minority Leader of the Senate,\n (3) one shall be appointed jointly by the Chairman of the \n Committee on Ways and Means of the House of Representatives and \n the Chairman of the Committee on Finance of the Senate, and\n (4) one shall be appointed jointly by the Ranking Minority \n Member of the Committee on Ways and Means of the House of \n Representatives and the Ranking Minority Member of the \n Committee on Finance of the Senate.\nThe members of the Panel shall consist of individuals who are of \nrecognized standing and distinction, who can represent the multiple \ngenerations who have a stake in the viability of the system, and who \npossess the demonstrated capacity to discharge the duties imposed on \nthe Panel. At least one of the members shall be appointed from \nindividuals representing the interests of employees, and at least one \nof the members shall be appointed from individuals representing the \ninterests of employers.\n (b) Co-Chairs.--The officials referred to in paragraphs (1) through \n(4) of subsection (a) shall designate two of the members of the Panel \nto serve as Co-Chairs of the Panel, who shall jointly chair the Panel, \ndetermine its duties, and supervise its staff.\n (c) Terms of Appointment.--The members of the Panel shall serve for \nthe life of the Panel.\n (d) Vacancies.--A vacancy in the Panel shall not affect the power \nof the remaining members to execute the duties of the Panel, but any \nsuch vacancy shall be filled in the same manner in which the original \nappointment was made.\n\nSEC. 5. PROCEDURES.\n\n (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or \na majority of its members.\n (b) Quorum.--A quorum shall consist of 4 members of the Panel, \nexcept that a lesser number may conduct a hearing under subsection (c).\n (c) Hearings and Other Activities.--For the purpose of carrying out \nits duties, the Panel may hold such hearings and undertake such other \nactivities as the Panel determines to be necessary to carry out its \nduties. Meetings held in order to conduct fact finding, as determined \nby the Co-Chairs, shall be open to the public. Meetings held in order \nto develop policy, as determined by the Co-Chairs, may be held in \nexecutive session, notwithstanding the Federal Advisory Committee Act \nand any other provision of law.\n (d) Obtaining Information.--Upon request of the Panel, the \nCommissioner of Social Security and the head of any other agency or \ninstrumentality of the Federal Government shall furnish information \ndeemed necessary by the Panel to enable it to carry out its duties.\n\nSEC. 6. ADMINISTRATION.\n\n (a) Compensation.--Except as provided in subsection (b), members of \nthe Panel shall receive no additional pay, allowances, or benefits by \nreason of their service on the Panel.\n (b) Travel Expenses and Per Diem.--Each member of the Panel who is \nnot a present Member of the Congress and who is not otherwise an \nofficer or employee of the Federal Government shall receive travel \nexpenses and per diem in lieu of subsistence in accordance with \nsections 5702 and 5703 of title 5, United States Code.\n (c) Staff and Support Services.--\n (1) Staff director.--\n (A) Appointment.--The Panel shall appoint a staff \n director of the Panel.\n (B) Compensation.--The staff director shall be paid \n at a rate not to exceed the rate established for level \n V of the Executive Schedule.\n (2) Staff.--The Panel shall appoint such additional \n personnel as the Panel determines to be necessary.\n (3) Applicability of civil service laws.--The staff \n director and other members of the staff of the Panel shall be \n appointed without regard to the provisions of title 5, United \n States Code, governing appointments in the competitive service, \n and shall be paid without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of such title relating to \n classification and General Schedule pay rates.\n (4) Experts and consultants.--With the approval of the \n Panel, the staff director may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code.\n (d) Contract Authority.--The Panel may contract with and compensate \ngovernment and private agencies or persons for items and services, \nwithout regard to section 3709 of the Revised Statutes (41 U.S.C. 5).\n (e) Physical Facilities.--The Architect of the Capitol, in \nconsultation with the appropriate entities in the legislative branch, \nshall locate and provide suitable office space for the operation of the \nPanel on a reimbursable basis. The facilities shall serve as the \nheadquarters of the Panel and shall include all necessary equipment and \nincidentals required for the proper functioning of the Panel.\n (f) Detail of Federal Employees.--Upon the request of the Panel, \nthe head of any Federal agency may detail, on a reimbursable basis, any \nof the personnel of such agency to the Panel to assist the Panel in \ncarrying out its duties.\n (g) Use of Mails.--The Panel may use the United States mails in the \nsame manner and under the same conditions as Federal agencies and \nshall, for purposes of the frank, be considered a commission of \nCongress as described in section 3215 of title 39, United States Code.\n (h) Administrative Support Services.--Upon the request of the \nPanel, the Architect of the Capitol shall provide to the Panel on a \nreimbursable basis such administrative support services as the Panel \nmay request.\n (i) Printing.--For purposes of costs relating to printing and \nbinding, including the cost of personnel detailed from the Government \nPrinting Office, the Panel shall be deemed to be a committee of the \nCongress.\n\nSEC. 7. REPORT.\n\n Not later than February 1, 1999, the Panel shall submit to the \nPresident, the Committee on Ways and Means of the House of \nRepresentatives, and the Committee on Finance of the Senate a report \nwhich shall contain a detailed statement of the findings and \nconclusions of the Panel, including the set of recommendations required \nunder section 3. The report shall include only those recommendations of \nthe Panel that receive the approval of at least 6 members of the Panel, \nincluding both Co-Chairs.\n\nSEC. 8. TERMINATION.\n\n The Panel shall terminate March 31, 1999.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Panel, from the \nFederal Old-Age and Survivors Insurance Trust Fund, such sums as are \nnecessary to carry out the provisions of this Act, but not to exceed \n$2,000,000.","summary":"Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998 - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. Authorizes appropriations.","title":"Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998","text_len":7793,"sum_len":396} {"bill_id":"106_hr5154","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transportation Information Recall \nEnhancement Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) in an interview with ABC News on September 3, 2000, \n Secretary of Transportation Rodney Slater stated that he thinks \n there should be a law requiring that the United States be \n immediately notified of a foreign recall, ``especially in the \n global economy when you've got U.S. goods really being used by \n individuals around the world. We should know when there's a \n problem someplace else.'';\n (2) as of the date of enactment of this Act, there is no \n legal requirement for manufacturers of motor vehicles and their \n components to notify United States agencies of a recall issued \n in a foreign country;\n (3) between August 1999 and spring 2000, Ford Motor Company \n replaced Firestone tires on 46,912 vehicles in Saudi Arabia, \n Thailand, Malaysia, and South America;\n (4)(A) on May 2, 2000, the National Highway Traffic Safety \n Administration opened a preliminary evaluation into Firestone \n ATX, ATX II, and Wilderness AT tires after receiving 90 \n complaints, primarily from consumers in the Southeast and \n Southwest, about tread separations or blowouts;\n (B) as of September 2000, the National Highway Traffic \n Safety Administration has received over 1,400 complaints, \n including reports of more than 250 injuries and 88 deaths; and\n (C) some of the complaints date back to the early 1990s, \n and 797 of the complaints report that a tire failure took place \n between August 1, 1999, and August 9, 2000; and\n (5)(A) on August 9, 2000, Bridgestone\/Firestone announced a \n United States recall of 6,500,000 ATX, ATX II, and Wilderness \n AT tires; and\n (B) that date was 3 months after the National Highway \n Traffic Safety Administration commenced its investigation and \n nearly 9 months after Ford Motor Company initiated the \n replacement of the tires in foreign countries.\n (b) Purpose.--The purpose of this Act is to ensure that defects in \nmotor vehicles or replacement equipment in foreign countries are \nquickly, accurately, and truthfully reported to the United States \nSecretary of Transportation in cases in which--\n (1) the motor vehicles or replacement equipment is \n manufactured for export to the United States; or\n (2) the motor vehicles or replacement equipment is \n manufactured in the United States using a manufacturing process \n that is the same as, or similar to, the manufacturing process \n used in the foreign country, with the result that the motor \n vehicles or replacement equipment manufactured in the United \n States may also be defective.\n\nSEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF \n DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.\n\n (a) In General.--Chapter 47 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1036. Penalties in connection with reporting of defects in \n foreign motor vehicle products\n ``(a) Definitions.--\n ``(1) Foreign motor vehicle product.--The term `foreign \n motor vehicle product' means a motor vehicle or replacement \n equipment that--\n ``(A) is manufactured in a foreign country for \n export to the United States; or\n ``(B) is manufactured in a foreign country using a \n manufacturing process that is the same as, or similar \n to, a manufacturing process used in the United States \n for a motor vehicle or replacement equipment.\n ``(2) Other terms.--The terms `defect', `manufacturer', \n `motor vehicle', and `replacement equipment' have the meanings \n given the terms in section 30102 of title 49.\n ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle \nproduct, or an officer or employee of such a manufacturer, that, in \nconnection with a report required to be filed under section 30118(f) of \ntitle 49, willfully--\n ``(1) falsifies or conceals a material fact;\n ``(2) makes a materially false, fictitious, or fraudulent \n statement or representation; or\n ``(3) makes or uses a false writing or document knowing \n that the writing or document contains any materially false, \n fictitious, or fraudulent statement or entry;\nshall be fined under this title, imprisoned not more than 5 years, or \nboth.\n ``(c) Civil Penalty.--\n ``(1) In general.--In addition to any civil penalty that \n may be assessed under chapter 301 of title 49, a manufacturer \n that violates section 30118(f) of title 49 shall be subject to \n a civil penalty of not more than $500,000 for each day of the \nviolation.\n ``(2) Compromise of penalty.--The Attorney General may \n compromise the amount of a civil penalty imposed under \n paragraph (1).\n ``(3) Determination of amount.--In determining the amount \n of a civil penalty or compromise under this subsection, the \n Attorney General shall consider--\n ``(A) the appropriateness of the penalty or \n compromise in relation to the size of the business of \n the manufacturer liable for the penalty; and\n ``(B) the gravity of the violation.\n ``(4) Deduction of amount of penalty.--The United States \n Government may deduct the amount of the civil penalty imposed \n or compromised under this section from any amount that the \n Government owes the manufacturer liable for the penalty.''.\n (b) Conforming Amendment.--The analysis for chapter 47 of title 18, \nUnited States Code, is amended by adding at the end the following:\n\n``1036. Penalties in connection with reporting of defects in foreign \n motor vehicle products.''.\n\nSEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.\n\n Section 30118 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(f) Reporting of Defects in Foreign Motor Vehicle Products.--\n ``(1) Definition of foreign motor vehicle product.--The \n term `foreign motor vehicle product' means a motor vehicle or \n replacement equipment that--\n ``(A) is manufactured in a foreign country for \n export to the United States; or\n ``(B) is manufactured in a foreign country using a \n manufacturing process that is the same as, or similar \n to, a manufacturing process used in the United States \n for a motor vehicle or replacement equipment.\n ``(2) Reporting of defects.--\n ``(A) Initial report.--Not later than 48 hours \n after determining, or learning that a government of a \n foreign country has determined, that a foreign motor \n vehicle product contains a defect that could be related \n to motor vehicle safety, the manufacturer of the \n foreign motor vehicle product shall report the \n determination to the Secretary.\n ``(B) Written report.--\n ``(i) In general.--Not later than 5 days \n after the end of the 48-hour period described \n in subparagraph (A), the manufacturer shall \n submit to the Secretary a written report that \n meets the requirements of clause (ii).\n ``(ii) Contents of written report.--A \n written report under clause (i) shall contain--\n ``(I) a description of the foreign \n motor vehicle product that is the \n subject of the report;\n ``(II) a description of--\n ``(aa) the determination of \n the defect by the government of \n the foreign country or by the \n manufacturer of a foreign motor \n vehicle product; and\n ``(bb) any measures that \n the government requires to be \n taken, or the manufacturer \n determines should be taken, to \n obtain a remedy of the defect;\n ``(III) information concerning any \n serious injuries or fatalities possibly \n resulting from the defect; and\n ``(IV) such other information as \n the Secretary determines to be \n appropriate.\n ``(3) Reporting of possible defects.--Upon making a \n determination that there have been a significant number of \n serious injuries or fatalities in a foreign country that could \n have resulted from a defect in a foreign motor vehicle product \n that could be related to motor vehicle safety (as determined in \n accordance with regulations promulgated by the Secretary), the \n manufacturer of the foreign motor vehicle product shall report \n the determination to the Secretary in such manner as the \n Secretary establishes by regulation.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act take effect on the \ndate that is 180 days after the date of enactment of this Act.","summary":"Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act.","title":"Transportation Information Recall Enhancement Act","text_len":10195,"sum_len":757} {"bill_id":"115_hr1108","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''.\n\nSEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR \n MISBRANDED DRUGS.\n\n (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 331) is amended by adding at the end the \nfollowing:\n ``(eee) The failure to comply with--\n ``(1) the notification requirement under section 569D(a);\n ``(2) an order issued under paragraph (1) of section \n 569D(c), following a hearing, if requested, under paragraph \n (2)(C) of such section;\n ``(3) an order amended under paragraph (2) or paragraph (3) \n of section 569D(c); or\n ``(4) an emergency order issued under section 569D(d).\n ``(fff) The failure to have in effect a recall plan under section \n569(g).''.\n (b) Nondistribution and Recall of Adulterated or Misbranded \nDrugs.--Subchapter E of chapter V of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN \n ADULTERATED OR MISBRANDED DRUGS.\n\n ``(a) Notification Regarding Certain Adulterated or Misbranded \nDrugs.--\n ``(1) In general.--Any person required to register under \n section 510 shall, as soon as practicable, notify the Secretary \n of the identity and location of a drug, if such person has \n reason to believe--\n ``(A) that such drug, when introduced into or while \n in interstate commerce, or while held for sale \n (regardless of whether the first sale) after shipment \n in interstate commerce, is adulterated or misbranded; \n and\n ``(B) there is a reasonable probability that the \n use or consumption of, or exposure to, the drug (or an \n ingredient or component used in any such drug) will \n cause a threat of serious adverse health consequences \n or death to humans or animals.\n ``(2) Manner of notification.--Notification under paragraph \n (1) shall be made in such manner and by such means as the \n Secretary may require by regulation or guidance.\n ``(b) Voluntary Recall.--The Secretary may request that any person \nwho distributes a drug that the Secretary has reason to believe is \nadulterated, misbranded, or otherwise in violation of this Act \nvoluntarily--\n ``(1) recall such drug; and\n ``(2) provide for notice, including to individuals as \n appropriate, to persons who may be affected by the recall.\n ``(c) Order To Cease Distribution and Recall Drug and Related \nProcedures.--\n ``(1) Issuance of order.--If the Secretary has reason to \n believe that the use or consumption of, or exposure to, a drug \n (or an ingredient or component used in any such drug) may cause \n serious adverse health consequences or death to humans or \n animals, the Secretary shall have the authority to issue an \n order requiring any person who distributes such drug--\n ``(A) to immediately cease distribution of such \n drug; and\n ``(B) to provide for notice, including to \n individuals as appropriate, to persons who may be \n affected by such cessation of distribution.\n ``(2) Action following order.--\n ``(A) Cease distribution and notification.--Any \n person who is subject to an order under paragraph (1) \n shall immediately cease distribution of such drug and \n provide notification as required by such order.\n ``(B) Appeal.--Any person who is subject to an \n order under paragraph (1) may appeal within 24 hours of \n issuance such order to the Secretary. Such appeal may \n include a request for an informal hearing and a \n description of any efforts to recall such drug \n undertaken voluntarily by the person, including after a \n request under subsection (b).\n ``(C) Informal hearing.--Except as provided in \n subsection (d), if an appeal made under subparagraph \n (B) contains a request for an informal hearing, such \n hearing shall be held as soon as practicable, but not \n later than 5 calendar days, or less as determined by \n the Secretary, after such an appeal is filed, unless \n the parties jointly agree to an extension.\n ``(D) Determination.--After affording an \n opportunity for an informal hearing, the Secretary \n shall determine--\n ``(i) whether--\n ``(I) the order under paragraph (1) \n should be amended to require a recall \n of such drug; or\n ``(II) inadequate grounds exist to \n support the actions required by the \n order; or\n ``(ii) that the order under paragraph (1) \n was appropriate as issued.\n ``(E) Amendment or vacation of order.--\n ``(i) Amendment.--In the case of a \n determination made under subparagraph \n (D)(i)(I), the Secretary shall amend the order \n made under paragraph (1) accordingly.\n ``(ii) Vacation.--In the case of a \n determination made under subparagraph \n (D)(i)(II), the Secretary shall vacate the \n order made under paragraph (1).\n ``(3) Order to recall.--\n ``(A) Amendment.--Except as provided under \n subsection (d), if after providing an opportunity for \n an informal hearing under paragraph (2)(C), the \n Secretary determines that the order should be amended \n to include a recall of the drug with respect to which \n the order was issued, the Secretary shall amend the \n order to require a recall.\n ``(B) Contents.--An amended order under \n subparagraph (A) shall--\n ``(i) specify a timetable in which the \n recall will occur;\n ``(ii) require periodic reports to the \n Secretary describing the progress of the \n recall; and\n ``(iii) provide for notice, including to \n individuals as appropriate, to persons who may \n be affected by the recall.\n In providing for such notice, the Secretary may allow \n for the assistance of health professionals, State or \n local officials, or other individuals designated by the \n Secretary.\n ``(C) Nondelegation.--An amended order under this \n paragraph shall be ordered by the Secretary or an \n official designated by the Secretary. An official may \n not be so designated unless the official is the \n director of the district under this Act in which the \n drug involved is located, or is an official senior to \n such director.\n ``(d) Emergency Recall Order.--\n ``(1) In general.--If the Secretary has credible evidence \n or information that a drug subject to an order under subsection \n (c)(1) presents an imminent threat of serious adverse health \n consequences or death to humans or animals, the Secretary may \n issue an order requiring any person who distributes such drug--\n ``(A) to immediately recall such drug; and\n ``(B) to provide for notice, including to \n individuals as appropriate, to persons who may be \n affected by the recall.\n ``(2) Action following order.--\n ``(A) Recall and notification.--Any person who is \n subject to an emergency recall order under this \n subsection shall immediately recall such drug and \n provide notification as required by such order.\n ``(B) Appeal.--\n ``(i) Timing.--Any person who is subject to \n an emergency recall order under this subsection \n may appeal within 24 hours after issuance such \n order to the Secretary.\n ``(ii) Continuation of recall.--The person \n subject to an emergency recall order shall \n conduct the recall notwithstanding the pendency \n of any appeal of such order.\n ``(C) Informal hearing.--An informal hearing shall \n be held as soon as practicable but not later than 5 \n calendar days, or less as determined by the Secretary, \n after an appeal under subparagraph (B) is filed, unless \n the parties jointly agree to an extension.\n ``(D) Determination.--After affording an \n opportunity for an informal hearing, the Secretary \n shall determine--\n ``(i) whether--\n ``(I) the order under paragraph (1) \n should be amended to require a recall \n of such drug; or\n ``(II) inadequate grounds exist to \n support the actions required by the \n order; or\n ``(ii) that the order under paragraph (1) \n was appropriate as issued.\n ``(E) Amendment or vacation of order.--\n ``(i) Amendment.--In the case of a \n determination made under subparagraph \n (D)(i)(I), the Secretary shall amend the order \n made under paragraph (1) accordingly.\n ``(ii) Vacation.--In the case of a \n determination made under subparagraph \n (D)(i)(II), the Secretary shall vacate the \n order made under paragraph (1).\n ``(3) Nondelegation.--An order under this subsection shall \n be issued by the Commissioner of Food and Drugs, the Principal \n Deputy Commissioner, or the Associate Commissioner for \n Regulatory Affairs of the Food and Drug Administration.\n ``(e) Notice to Consumers and Health Officials.--The Secretary \nshall, as the Secretary determines to be necessary, provide notice of a \nrecall order under this section to consumers to whom the drug was, or \nmay have been, distributed and to appropriate State and local health \nofficials.\n ``(f) Savings Clause.--Nothing contained in this section shall be \nconstrued as limiting--\n ``(1) the authority of the Secretary to issue an order to \n cease distribution of, or to recall, a drug under any other \n provision of this Act or the Public Health Service Act; or\n ``(2) the ability of the Secretary to request any person to \n perform a voluntary activity related to any drug subject to \n this Act or the Public Health Service Act.\n ``(g) Recall Plan.--Any person required to register under section \n510 shall have in effect a recall plan consistent with the requirements \nof this section.''.\n (c) Delayed Applicability.--The amendments made by this section \napply beginning on the date that is one year after the date of the \nenactment of this Act.","summary":"Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded. And (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication. (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication. (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing. And (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect.","title":"Recall Unsafe Drugs Act of 2017","text_len":12324,"sum_len":1291} {"bill_id":"104_hr4303","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Equity in Public Education Act of \n1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) It is the responsibility of the Federal Government to \n prevent illegal immigration by enforcing existing laws and \n enacting new laws and policies.\n (2) The Federal Government has, to date, failed to carry \n out this responsibility, resulting in a large and increasing \n number of illegal immigrants residing within the borders of the \n United States.\n (3) Under current law, the States are required to provide \n certain public benefits to their residents, including education \n benefits for all children residing within their jurisdictions, \n regardless of immigration status.\n (4) The costs of educating illegal aliens are therefore \n borne primarily by the States.\n (5) The citizens of States that have a disproportionate \n number of illegal immigrants therefore have borne a \n disproportionate share of such educational costs, which result \n from the failures of the Federal Government.\n (6) In the interest of equity, the Federal Government \n should reimburse the States for such educational costs.\n\nSEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR \n ILLEGAL ALIEN STUDENTS.\n\n (a) Grants to States.--Subject to the availability of \nappropriations and the succeeding provisions of this section, from the \namount appropriated under subsection (f), the Secretary of Education \nshall provide for payment to each eligible State (as defined in \nsubsection (b)) for reimbursable costs (as defined in subsection (c)).\n (b) Eligible States.--In order for a State to be eligible for \npayment under this section, the State--\n (1) shall be a State for which the Secretary of Commerce \n has made a determination with respect to any fiscal year under \n subsection (e); and\n (2) shall provide the Secretary of Education with \n assurances that--\n (A) the State will cooperate with the Secretary of \n Commerce in carrying out such Secretary's duties under \n this Act; and\n (B) such payments shall be used only for the \n purpose of reimbursing local educational agencies for \n reimbursable costs.\n (c) Reimbursable Costs Defined.--For purposes of this Act, the term \n``reimbursable costs'' means, with respect to a State, the incremental \nincrease in costs incurred by local educational agencies in the State \nin providing a free public education (as mandated by Federal law) to \neligible illegal alien students (as defined in subsection (d)(1)), as \ndetermined by the Secretary of Commerce under subsection (e).\n (d) Eligible Illegal Alien Students.--For purposes of this Act, the \nterm ``eligible illegal alien student'' means an alien who is not \nlawfully present in the United States and is enrolled in a public \nelementary or secondary school of a local educational agency in a State \nas of the date of a determination made by the Secretary of Commerce \nunder subsection (e)(2).\n (e) Amount of Payment.--\n (1) In general.--The amount of payment to an eligible State \n for a fiscal year under this section is the product of--\n (A) the average number last determined under \n paragraph (3)(A) for the State; and\n (B) the average incremental increase in \n expenditures last determined under paragraph (3)(B) for \n the State.\n (2) Commencement of determinations.--\n (A) First group of states.--Before the beginning of \n fiscal year 1998, and before the beginning of every \n third fiscal year thereafter, the Secretary of Commerce \n shall make a determination under paragraph (3) for the \n States of California, Texas, and Florida.\n (B) Second and third groups of states.--Before the \n beginning of fiscal year 1999, and before the beginning \n of every third fiscal year thereafter, the Secretary of \n Commerce shall make a determination under paragraph (3) \n for at least \\1\/2\\ of the States that are not described \n in subparagraph (A). Before the beginning of fiscal \n year 2000, and before the beginning of every third \n fiscal year thereafter, the Secretary of Commerce shall \n make a determination under paragraph (3) for each of \n the remaining States. To the maximum extent possible, \n the Secretary shall make an equal number of \n determinations under this subparagraph before fiscal \n year 1999 and before fiscal year 2000.\n (3) Determinations.--Pursuant to paragraph (2), the \n Secretary of Commerce shall determine for a State before the \n beginning of a fiscal year--\n (A) the average number of eligible illegal alien \n students in the State for any school day during the \n school year ending during the fiscal year; and\n (B) the average incremental increase in per pupil \n expenditures for public education benefits in the State \n for such school year that is determined to be \n attributable to the enrollment of eligible illegal \n alien students in public elementary and secondary \n schools, as determined based on statistics of the \n National Center for Education Statistics relating to \n expenditure per pupil in average daily attendance in \n public elementary and secondary schools.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated for each fiscal year (beginning with fiscal year 1998) \nsuch sums as may be necessary to make grants under this section.\n (g) State Defined.--In this Act, the term ``State'' has the meaning \ngiven such term in section 101(a)(36) of the Immigration and \nNationality Act.","summary":"Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. Provides for such payments first to the States of California, Texas, and Florida. Provides for later payments to second and third groups of eligible States. Authorizes appropriations.","title":"Equity in Public Education Act of 1996","text_len":6352,"sum_len":400} {"bill_id":"105_s2524","text":"5 of the 101st \nCongress, agreed to on February 22, 1989 (103 Stat. 2533).\n ``(f) Display To Be in a Manner Visible to the Public.--Display of \nthe POW\/MIA flag pursuant to this section shall be in a manner designed \nto ensure visibility to the public.\n ``(g) Limitation.--This section may not be construed or applied so \nas to require any employee to report to work solely for the purpose of \nproviding for the display of the POW\/MIA flag.''.\n (2) In section 2102(b), strike ``designated personnel'' and \n substitute ``personnel made available to the Commission''.\n (3) In section 2501(2), insert ``solicit,'' before ``accept,''.\n (4)(A) Insert after chapter 201 the following:\n\n ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION\n\n``Sec.\n``20201. Definition.\n``20202. Organization.\n``20203. Purposes.\n``20204. Membership.\n``20205. Governing body.\n``20206. Powers.\n``20207. Restrictions.\n``20208. Duty to maintain corporate and tax-exempt status.\n``20209. Records and inspection.\n``20210. Service of process.\n``20211. Liability for acts of officers and agents.\n``20212. Annual report.\n\n``Sec. 20201. Definition\n\n ``For purposes of this chapter, `State' includes the District of \nColumbia and the territories and possessions of the United States.\n\n``Sec. 20202. Organization\n\n ``(a) Federal Charter.--Air Force Sergeants Association (in this \nchapter, the `corporation'), a nonprofit corporation incorporated in \nthe District of Columbia, is a federally chartered corporation.\n ``(b) Expiration of Charter.--If the corporation does not comply \nwith any provision of this chapter, the charter granted by this chapter \nexpires.\n\n``Sec. 20203. Purposes\n\n ``(a) General.--The purposes of the corporation are as provided in \nits bylaws and articles of incorporation and include--\n ``(1) helping to maintain a highly dedicated and professional \n corps of enlisted personnel within the United States Air Force, \n including the United States Air Force Reserve, and the Air National \n Guard;\n ``(2) supporting fair and equitable legislation and Department \n of the Air Force policies and influencing by lawful means \n departmental plans, programs, policies, and legislative proposals \n that affect enlisted personnel of the Regular Air Force, the Air \n Force Reserve, and the Air National Guard, its retirees, and other \n veterans of enlisted service in the Air Force;\n ``(3) actively publicizing the roles of enlisted personnel in \n the United States Air Force;\n ``(4) participating in civil and military activities, youth \n programs, and fundraising campaigns that benefit the United States \n Air Force;\n ``(5) providing for the mutual welfare of members of the \n corporation and their families;\n ``(6) assisting in recruiting for the United States Air Force;\n ``(7) assembling together for social activities;\n ``(8) maintaining an adequate Air Force for our beloved \n country;\n ``(9) fostering among the members of the corporation a devotion \n to fellow airmen; and\n ``(10) serving the United States and the United States Air \n Force loyally, and doing all else necessary to uphold and defend \n the Constitution of the United States.\n ``(b) Corporate Function.--The corporation shall function as an \neducational, patriotic, civic, historical, and research organization \nunder the laws of the District of Columbia.\n\n``Sec. 20204. Membership\n\n ``(a) Eligibility.--Except as provided in this chapter, eligibility \nfor membership in the corporation and the rights and privileges of \nmembers are as provided in the bylaws and articles of incorporation.\n ``(b) Nondiscrimination.--The terms of membership may not \ndiscriminate on the basis of race, color, religion, sex, disability, \nage, or national origin.\n\n``Sec. 20205. Governing body\n\n ``(a) Board of Directors.--The board of directors and the \nresponsibilities of the board are as provided in the bylaws and \narticles of incorporation.\n ``(b) Officers.--The officers and the election of officers are as \nprovided in the bylaws and articles of incorporation.\n ``(c) Nondiscrimination.--The requirements for serving as a \ndirector or officer may not discriminate on the basis of race, color, \nreligion, sex, disability, age, or national origin.\n\n``Sec. 20206. Powers\n\n ``The corporation has only the powers provided in its bylaws and \narticles of incorporation filed in each State in which it is \nincorporated.\n\n``Sec. 20207. Restrictions\n\n ``(a) Stock and Dividends.--The corporation may not issue stock or \ndeclare or pay a dividend.\n ``(b) Distribution of Income or Assets.--The income or assets of \nthe corporation may not inure to the benefit of, or be distributed to, \na director, officer, or member during the life of the charter granted \nby this chapter. This subsection does not prevent the payment of \nreasonable compensation to an officer or employee or reimbursement for \nactual necessary expenses in amounts approved by the board of \ndirectors.\n ``(c) Loans.--The corporation may not make a loan to a director, \nofficer, employee, or member.\n ``(d) Claim of Governmental Approval or Authority.--The corporation \nmay not claim congressional approval or the authority of the United \nStates Government for any of its activities.\n\n``Sec. 20208. Duty to maintain corporate and tax-exempt status\n\n ``(a) Corporate Status.--The corporation shall maintain its status \nas a corporation incorporated under the laws of the District of \nColumbia.\n ``(b) Tax-Exempt Status.--The corporation shall maintain its status \nas an organization exempt from taxation under the Internal Revenue Code \nof 1986 (26 U.S.C. 1 et seq.).\n\n``Sec. 20209. Records and inspection\n\n ``(a) Records.--The corporation shall keep--\n ``(1) correct and complete records of account;\n ``(2) minutes of the proceedings of its members, board of \n directors, and committees having any of the authority of its board \n of directors; and\n ``(3) at its principal office, a record of the names and \n addresses of its members entitled to vote.\n ``(b) Inspection.--A member entitled to vote, or an agent or \nattorney of the member, may inspect the records of the corporation for \nany proper purpose, at any reasonable time.\n\n``Sec. 20210. Service of process\n\n ``The corporation shall comply with the law on service of process \nof each State in which it is incorporated and each State in which it \ncarries on activities.\n\n``Sec. 20211. Liability for acts of officers and agents\n\n ``The corporation is liable for the acts of its officers and agents \nacting within the scope of their authority.\n\n``Sec. 20212. Annual report\n\n ``The corporation shall submit an annual report to Congress on the \nactivities of the corporation during the prior fiscal year. The report \nshall be submitted at the same time as the report of the audit required \nby section 10101 of this title. The report may not be printed as a \npublic document.''.\n (B) In the table of chapters at the beginning of subtitle II, \n insert after the item related to chapter 201:\n\n``202. AIR FORCE SERGEANTS ASSOCIATION........................\n 20201''.\n\n (5)(A) Insert after chapter 209 the following:\n\n ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES\n\n``Sec.\n``21001. Definition.\n``21002. Organization.\n``21003. Purposes.\n``21004. Membership.\n``21005. Governing body.\n``21006. Powers.\n``21007. Restrictions.\n``21008. Duty to maintain corporate and tax-exempt status.\n``21009. Records and inspection.\n``21010. Service of process.\n``21011. Liability for acts of officers and agents.\n``21012. Annual report.\n\n``Sec. 21001. Definition\n\n ``For purposes of this chapter, `State' includes the District of \nColumbia and the territories and possessions of the United States.\n\n``Sec. 21002. Organization\n\n ``(a) Federal Charter.--American GI Forum of the United States (in \nthis chapter, the `corporation'), a nonprofit corporation incorporated \nin Texas, is a federally chartered corporation.\n ``(b) Expiration of Charter.--If the corporation does not comply \nwith any provision of this chapter, the charter granted by this chapter \nexpires.\n\n``Sec. 21003. Purposes\n\n ``(a) General.--The purposes of the corporation are as provided in \nits bylaws and articles of incorporation and include--\n ``(1) securing the blessing of American democracy at every \n level of local, State, and national life for all United States \n citizens;\n ``(2) upholding and defending the Constitution and the United \n States flag;\n ``(3) fostering and perpetuating the principles of American \n democracy based on religious and political freedom for the \n individual and equal opportunity for all;\n ``(4) fostering and enlarging equal educational opportunities, \n equal economic opportunities, equal justice under the law, and \n equal political opportunities for all United States citizens, \n regardless of race, color, religion, sex, or national origin;\n ``(5) encouraging greater participation of the ethnic minority \n represented by the corporation in the policy-making and \n administrative activities of all departments, agencies, and other \n governmental units of local and State governments and the United \n States Government;\n ``(6) combating all practices of a prejudicial or \n discriminatory nature in local, State, or national life which \n curtail, hinder, or deny to any United States citizen an equal \n opportunity to develop full potential as an individual; and\n ``(7) fostering and promoting the broader knowledge and \n appreciation by all United States citizens of their cultural \n heritage and language.\n ``(b) Corporate Function.--The corporation shall function as an \neducational, patriotic, civic, historical, and research organization \nunder the laws of Texas.\n\n``Sec. 21004. Membership\n\n ``(a) Eligibility.--Except as provided in this chapter, eligibility \nfor membership in the corporation and the rights and privileges of \nmembers are as provided in the bylaws and articles of incorporation.\n ``(b) Nondiscrimination.--The terms of membership may not \ndiscriminate on the basis of race, color, religion, sex, disability, \nage, or national origin.\n\n``Sec. 21005. Governing body\n\n ``(a) Board of Directors.--The board of directors and the \nresponsibilities of the board are as provided in the bylaws and \narticles of incorporation.\n ``(b) Officers.--The officers and the election of officers are as \nprovided in the bylaws and articles of incorporation.\n ``(c) Nondiscrimination.--The requirements for serving as a \ndirector or officer may not discriminate on the basis of race, color, \nreligion, sex, disability, age, or national origin.\n\n``Sec. 21006. Powers\n\n ``The corporation has only the powers provided in its bylaws and \narticles of incorporation filed in each State in which it is \nincorporated.\n\n``Sec. 21007. Restrictions\n\n ``(a) Stock and Dividends.--The corporation may not issue stock or \ndeclare or pay a dividend.\n ``(b) Distribution of Income or Assets.--The income or assets of \nthe corporation may not inure to the benefit of, or be distributed to, \na director, officer, or member during the life of the charter granted \nby this chapter. This subsection does not prevent the payment of \nreasonable compensation to an officer or employee or reimbursement for \nactual necessary expenses in amounts approved by the board of \ndirectors.\n ``(c) Loans.--The corporation may not make a loan to a director, \nofficer, employee, or member.\n ``(d) Claim of Governmental Approval or Authority.--The corporation \nmay not claim congressional approval or the authority of the United \nStates Government for any of its activities.\n\n``Sec. 21008. Duty to maintain corporate and tax-exempt status\n\n ``(a) Corporate Status.--The corporation shall maintain its status \nas a corporation incorporated under the laws of Texas.\n ``(b) Tax-Exempt Status.--The corporation shall maintain its status \nas an organization exempt from taxation under the Internal Revenue Code \nof 1986 (26 U.S.C. 1 et seq.).\n\n``Sec. 21009. Records and inspection\n\n ``(a) Records.--The corporation shall keep--\n ``(1) correct and complete records of account;\n ``(2) minutes of the proceedings of its members, board of \n directors, and committees having any of the authority of its board \n of directors; and\n ``(3) at its principal office, a record of the names and \n addresses of its members entitled to vote.\n ``(b) Inspection.--A member entitled to vote, or an agent or \nattorney of the member, may inspect the records of the corporation for \nany proper purpose, at any reasonable time.\n\n``Sec. 21010. Service of process\n\n ``The corporation shall comply with the law on service of process \nof each State in which it is incorporated and each State in which it \ncarries on activities.\n\n``Sec. 21011. Liability for acts of officers and agents\n\n ``The corporation is liable for the acts of its officers and agents \nacting within the scope of their authority.\n\n``Sec. 21012. Annual report\n\n ``The corporation shall submit an annual report to Congress on the \nactivities of the corporation during the prior fiscal year. The report \nshall be submitted at the same time as the report of the audit required \nby section 10101 of this title. The report may not be printed as a \npublic document.''.\n (B) In the table of chapters at the beginning of subtitle II, \n insert after the item related to chapter 209:\n\n``210. AMERICAN GI FORUM OF THE UNITED STATES.................\n 21001''.\n\n (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' \n and substitute ``February 28, 1961''.\n (7) In section 70103(b), strike ``the State of''.\n (8) In section 151303, subsections (f) and (g) are amended to \n read as follows:\n ``(f) Status.--Appointment to the board does not constitute \nappointment as an officer or employee of the United States Government \nfor the purpose of any law of the United States.\n ``(g) Compensation.--Members of the board serve without \ncompensation.\n ``(h) Liability.--Members of the board are not personally liable, \nexcept for gross negligence.''.\n (9) In section 151305(b), strike ``the State of''.\n (10) In section 152903(8), strike ``Corporation'' and \n substitute ``corporation''.\n\nSEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.\n\n (a) The provisos in the paragraph under the heading ``American \nBattle Monuments Commission'' in the Departments of Veterans Affairs \nand Housing and Urban Development, and Independent Agencies \nAppropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. \n1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed.\n (b) Paragraph (3) of section 198(s) of the National and Community \nService Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed.\n (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998, \n112 Stat. 1253) is amended as follows:\n (1) Section 4(b) is amended by striking ``2320(d)'' and \n substituting ``2320(e)''.\n (2) Section 7(a), and the amendment made by section 7(a), are \n repealed.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendment made by section 1(8) of this Act shall take effect as \nif included in the provisions of Public Law 105-225, as of the date of \nenactment of Public Law 105-225.\n\nSEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.\n\n (a) No Substantive Change.--(1) Section 1 of this Act restates, \nwithout substantive change, laws enacted before September 5, 1998, that \nwere replaced by section 1. Section 1 may not be construed as making a \nsubstantive change in the laws replaced.\n (2) Laws enacted after September 4, 1998, that are inconsistent \nwith this Act supersede this Act to the extent of the inconsistency.\n (b) References.--A reference to a law replaced by this Act, \nincluding a reference in a regulation, order, or other law, is deemed \nto refer to the corresponding provision enacted by this Act.\n (c) Continuing Effect.--An order, rule, or regulation in effect \nunder a law replaced by this Act continues in effect under the \ncorresponding provision enacted by this Act until repealed, amended, or \nsuperseded.\n (d) Actions and Offenses Under Prior Law.--An action taken or an \noffense committed under a law replaced by this Act is deemed to have \nbeen taken or committed under the corresponding provision enacted by \nthis Act.\n (e) Inferences.--An inference of a legislative construction is not \nto be drawn by reason of the location in the United States Code of a \nprovision enacted by this Act or by reason of a heading of the \nprovision.\n (f) Severability.--If a provision enacted by this Act is held \ninvalid, all valid provisions that are severable from the invalid \nprovision remain in effect. If a provision enacted by this Act is held \ninvalid in any of its applications, the provision remains valid for all \nvalid applications that are severable from any of the invalid \napplications.\n\nSEC. 5. REPEALS.\n\n (a) Inferences of Repeal.--The repeal of a law by this Act may not \nbe construed as a legislative inference that the provision was or was \nnot in effect before its repeal.\n (b) Repealer Schedule.--The laws specified in the following \nschedule are repealed, except for rights and duties that matured, \npenalties that were incurred, and proceedings that were begun before \nthe date of enactment of this Act:\n\n Schedule of Laws Repealed\n Statutes at Large\n----------------------------------------------------------------------------------------------------------------\n Statutes at Large U.S. Code\n Date Chapter or Public Section -----------------------------------------------------\n Law Volume Page Title Section\n----------------------------------------------------------------------------------------------------------------\n 1997\nNov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101,\n 5801-5815\nNov. 20 105-110............. ................... 111 2270............... 36 App. 45\n 1998\nAug. 7 105-220............. 413................ 112 1241............... 36 App. 155b\nAug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901-\n 5915\n----------------------------------------------------------------------------------------------------------------\n\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations. And (2) make technical corrections to, or repeal, certain Federal laws.","title":"A bill to clarify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code.","text_len":19485,"sum_len":223} {"bill_id":"108_hr4416","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes Protection and \nRestoration Committee Act''.\n\nSEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE.\n\n (a) Establishment.--There is established a committee to be known as \nthe ``Great Lakes Protection and Restoration Committee'' (hereinafter \nreferred to in this section as the ``Committee'').\n (b) Purpose.--The purpose of the Committee is to conduct a study \nand report on programs established and carried out to achieve \nrestoration goals for the Great Lakes prepared by the Governors of \nGreat Lakes States and to make recommendations for prioritization of \nsuch goals, legislation and funding to achieve such goals, and \nimprovement of coordination among programs and governments with respect \nto such goals.\n (c) Study and Report.--\n (1) Study.--The Committee shall conduct a study, based on \n restoration goals for the Great Lakes prepared by the Governors \n of Great Lakes States, to identify the best methods by which to \n protect and restore the Great Lakes. The study shall include--\n (A) an analysis of Federal and State funding for \n the 10-year period ending on the date of the enactment \n of this Act for programs established and carried out to \n achieve the restoration goals, including an assessment \n of the success of the programs; and\n (B) an analysis of the expected accomplishments of \n such programs for the 10-year period beginning on the \n date of the enactment of this Act based on existing \n funding levels for the programs.\n (2) Report.--Not later than one year after the date of the \n initial meeting of the Committee under subsection (e)(1), the \n Committee shall submit to the President, Congress, and the \n Governor of each Great Lakes State, and make available to the \n national Government of Canada and the Premiers of the Provinces \n of Ontario and Quebec, a report that includes--\n (A) the results of the study, including a detailed \n statement of the findings and conclusions of the \n Committee;\n (B) recommendations for the prioritization of the \n restoration goals for the Great Lakes prepared by the \n Governors of the Great Lakes States;\n (C) specific benchmarks for the 10-year period \n beginning on the date of the enactment of this Act to \n measure the achievement of such restoration goals;\n (D) recommendations for proposed Federal and State \n legislation for obtaining additional authority and \n funding as necessary to achieve such restoration goals;\n (E) recommendations for methods to improve \n coordination among existing Federal, State, local, and \n non-governmental programs established to achieve the \n restoration goals prepared by the Governors of the \n Great Lakes States; and\n (F) recommendations for methods to improve \n coordination between Federal, State, and local programs \n in the United States and the national Government of \n Canada and the Governments of the Provinces of Ontario \n and Quebec with respect to environmental protection and \n restoration activities in the Great Lakes.\n (d) Membership.--\n (1) Voting members.--The Committee shall be composed of 25 \n voting members, of whom--\n (A) 8 members shall be the Governors of the Great \n Lakes States (or designees of the Governors);\n (B) 13 members shall be appointed by the President, \n of whom--\n (i) 1 member shall be a representative of \n the Department of the Interior;\n (ii) 1 member shall be a representative of \n the Corps of Engineers;\n (iii) 1 member shall be a representative of \n the Great Lakes National Program Office of the \n Environmental Protection Agency;\n (iv) 1 member shall be a representative of \n the National Oceanic and Atmospheric \n Administration;\n (v) 1 member shall be a representative of \n the Department of Agriculture; and\n (vi) 8 members shall be chief executives of \n cities, counties, or municipalities in the \n Great Lakes Region, of whom 1 member shall be \n from each Great Lakes State;\n (C) 1 member shall be appointed by the Speaker of \n the House of Representatives;\n (D) 1 member shall be appointed by the minority \n leader of the House of Representatives;\n (E) 1 member shall be appointed by the President \n pro tempore of the Senate; and\n (F) 1 member shall be appointed by the minority \n leader of the Senate.\n (2) Nonvoting members.--The Committee shall include 10 \n nonvoting members appointed by the President, of whom--\n (A) 2 members shall be representatives of the \n environmental community;\n (B) 2 members shall be representatives of industry;\n (C) 2 members shall be representatives of the \n scientific community with expertise on the \n environmental conditions of the Great Lakes;\n (D) 2 members shall be representatives of Indian \n tribes located in the Great Lakes Region;\n (E) 1 member shall be a United States Commissioner \n of the Great Lakes Fishery Commission appointed under \n section 3(a)(1) of the Great Lakes Fishery Act of 1956 \n (16 U.S.C. 932(a)(1)); and\n (F) 1 member shall be the Chair of the United \n States Section of the International Joint Commission \n established by the Boundary Waters Treaty of 1909.\n (3) Nonvoting observers.--The Committee may include \n nonvoting observers, including--\n (A) the Premiers of the Canadian Provinces of \n Ontario and Quebec;\n (B) a representative of the national Government of \n Canada; and\n (C) a representative of the Department of State.\n (4) Date of appointment.--The appointment of each member of \n the Committee shall be made not later than 90 days after the \n date of the enactment of this Act.\n (5) Term.--A member shall be appointed for the life of the \n Committee.\n (6) Vacancies.--A vacancy on the Committee--\n (A) shall not affect the powers of the Committee; \n and\n (B) shall be filled in the same manner as the \n original appointment was made.\n (7) Chairperson and vice chairperson.--The Committee shall \n select a Chairperson from among the members of the Committee \n described in paragraph (1)(A) and a Vice Chairperson from among \n the members of the Committee appointed under clauses (i) \n through (v) of paragraph (1)(B).\n (8) Compensation.--Members of the Committee shall serve \n without pay.\n (9) Travel expenses.--A member of the Committee shall be \n allowed travel expenses, including per diem in lieu of \n subsistence, in accordance with sections 5702 and 5703 of title \n 5, United States Code.\n (e) Meetings.--\n (1) Initial.--Not later than 30 days after the date on \n which all members of the Committee have been appointed, the \n Committee shall hold the initial meeting of the Committee.\n (2) Subsequent.--The Committee shall meet at the call of \n the Chairperson.\n (3) Quorum.--A majority of the voting members of the \n Committee described in subsection (d)(1) shall constitute a \n quorum, but a lesser number of members may hold hearings.\n (f) Powers.--\n (1) Hearings.--The Committee may hold hearings, meet and \n act, take testimony, and receive evidence as the Committee \n considers advisable to carry out this Act.\n (2) Information from federal agencies.--\n (A) In general.--The Committee may secure directly \n from a Federal agency such information as the Committee \n considers necessary to carry out this Act.\n (B) Provision of information.--On request of the \n Chairperson of the Committee, the head of the agency \n shall provide the information to the Committee.\n (3) Postal services.--The Committee may use the United \n States mails in the same manner and under the same conditions \n as other agencies of the Federal Government.\n (4) Gifts.--The Committee may accept, use, and dispose of \n gifts or donations of services or property.\n (g) Staff.--\n (1) Appointment.--\n (A) Executive director.--The Committee may appoint \n and terminate an executive director.\n (B) Other staff.--The Chairperson of the Committee \n may appoint and terminate such other additional \n personnel as are necessary to enable the Committee to \n perform the duties of the Committee.\n (2) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), the Chairperson of the Committee may fix the \n compensation of the executive director and other \n personnel without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification of positions \n and General Schedule pay rates.\n (B) Maximum rate of pay.--The rate of pay for the \n executive director and other personnel shall not exceed \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code.\n (3) Detail of federal government employees.--\n (A) In general.--An employee of the Federal \n Government may be detailed to the Committee without \n reimbursement.\n (B) Civil service status.--The detail of the \n employee shall be without interruption or loss of civil \n service status or privilege.\n (4) Procurement of temporary and intermittent services.--\n The Chairperson of the Committee may procure temporary and \n intermittent services in accordance with section 3109(b) of \n title 5, United States Code, at rates for individuals that do \n not exceed the daily equivalent of the annual rate of basic pay \n prescribed for level V of the Executive Schedule under section \n 5316 of that title.\n (h) Termination.--The Committee shall terminate 90 days after the \ndate on which the Committee submits the report of the Committee under \nsubsection (c)(2).\n (i) Definitions.--In this Act:\n (1) Great lakes.--The term ``Great Lakes'' means Lake Erie, \n Lake Huron (including Lake Saint Clair), Lake Michigan, Lake \n Ontario, Lake Superior, and the connecting channels of those \n lakes, including the Saint Mary's River, the Saint Clair River, \n the Detroit River, and the Saint Lawrence River to the Canadian \n border.\n (2) Great lakes state.--The term ``Great Lakes State'' \n means each of the States of Illinois, Indiana, Ohio, Michigan, \n Minnesota, New York, Pennsylvania, and Wisconsin.\n (3) Great lakes region.--The term ``Great Lakes region'' \n means the region comprised of the Great Lakes States.\n (4) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (j) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section $5,000,000 for fiscal year 2005.\n (2) Availability.--Amounts appropriated pursuant to the \n authorization of appropriations under paragraph (1) are \n authorized to remain available until the date of termination of \n the Committee under subsection (h).","summary":"Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States. And (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them.","title":"To establish the Great Lakes Protection and Restoration Committee.","text_len":13231,"sum_len":547} {"bill_id":"114_s741","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Water Infrastructure Resiliency and \nSustainability Act of 2015''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Hydrologic condition.--The term ``hydrologic \n condition'' means the quality, quantity, or reliability of the \n water resources of a region of the United States.\n (3) Owner or operator of a water system.--\n (A) In general.--The term ``owner or operator of a \n water system'' means an entity (including a regional, \n State, tribal, local, municipal, or private entity) \n that owns or operates a water system.\n (B) Inclusions.--The term ``owner or operator of a \n water system'' includes--\n (i) a non-Federal entity that has \n operational responsibilities for a federally, \n tribally, or State-owned water system; and\n (ii) an entity established by an agreement \n between--\n (I) an entity that owns or operates \n a water system; and\n (II) at least 1 other entity.\n (4) Water system.--The term ``water system'' means--\n (A) a community water system (as defined in section \n 1401 of the Safe Drinking Water Act (42 U.S.C. 300f));\n (B) a treatment works (as defined in section 212 of \n the Federal Water Pollution Control Act (33 U.S.C. \n 1292)), including a municipal separate storm sewer \n system (as that term is used in that Act (33 U.S.C. \n 1251 et seq.));\n (C) a decentralized wastewater treatment system for \n domestic sewage;\n (D) a groundwater storage and replenishment system;\n (E) a system for transport and delivery of water \n for irrigation or conservation; or\n (F) a natural or engineered system that manages \n floodwater.\n\nSEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.\n\n (a) Program.--The Administrator shall establish and implement a \nprogram, to be known as the ``Water Infrastructure Resiliency and \nSustainability Program'', under which the Administrator shall award \ngrants for each of fiscal years 2015 through 2019 to owners or \noperators of water systems for the purpose of increasing the resiliency \nor adaptability of the water systems to any ongoing or forecasted \nchanges (based on the best available research and data) to the \nhydrologic conditions of a region of the United States.\n (b) Use of Funds.--As a condition on receipt of a grant under this \nAct, an owner or operator of a water system shall agree to use the \ngrant funds exclusively to assist in the planning, design, \nconstruction, implementation, operation, or maintenance of a program or \nproject that meets the purpose described in subsection (a) by--\n (1) conserving water or enhancing water use efficiency, \n including through the use of water metering and electronic \n sensing and control systems to measure the effectiveness of a \n water efficiency program;\n (2) modifying or relocating existing water system \n infrastructure made or projected to be significantly impaired \n by changing hydrologic conditions;\n (3) preserving or improving water quality, including \n through measures to manage, reduce, treat, or reuse municipal \n stormwater, wastewater, or drinking water;\n (4) investigating, designing, or constructing groundwater \n remediation, recycled water, or desalination facilities or \n systems to serve existing communities;\n (5) enhancing water management by increasing watershed \n preservation and protection, such as through the use of natural \n or engineered green infrastructure in the management, \n conveyance, or treatment of water, wastewater, or stormwater;\n (6) enhancing energy efficiency or the use and generation \n of renewable energy in the management, conveyance, or treatment \n of water, wastewater, or stormwater;\n (7) supporting the adoption and use of advanced water \n treatment, water supply management (such as reservoir \n reoperation and water banking), or water demand management \n technologies, projects, or processes (such as water reuse and \n recycling, adaptive conservation pricing, and groundwater \n banking) that maintain or increase water supply or improve \n water quality;\n (8) modifying or replacing existing systems or constructing \n new systems for existing communities or land that is being used \n for agricultural production to improve water supply, \n reliability, storage, or conveyance in a manner that--\n (A) promotes conservation or improves the \n efficiency of use of available water supplies; and\n (B) does not further exacerbate stresses on \n ecosystems or cause redirected impacts by degrading \n water quality or increasing net greenhouse gas \n emissions;\n (9) supporting practices and projects, such as improved \n irrigation systems, water banking and other forms of water \n transactions, groundwater recharge, stormwater capture, \n groundwater conjunctive use, and reuse or recycling of drainage \n water, to improve water quality or promote more efficient water \n use on land that is being used for agricultural production;\n (10) reducing flood damage, risk, and vulnerability by--\n (A) restoring floodplains, wetland, and upland \n integral to flood management, protection, prevention, \n and response;\n (B) modifying levees, floodwalls, and other \n structures through setbacks, notches, gates, removal, \n or similar means to facilitate reconnection of rivers \n to floodplains, reduce flood stage height, and reduce \n damage to properties and populations;\n (C) providing for acquisition and easement of \n flood-prone land and properties in order to reduce \n damage to property and risk to populations; or\n (D) promoting land use planning that prevents \n future floodplain development;\n (11) conducting and completing studies or assessments to \n project how changing hydrologic conditions may impact the \n future operations and sustainability of water systems; or\n (12) developing and implementing measures to increase the \n resilience of water systems and regional and hydrological \n basins, including the Colorado River Basin, to rapid hydrologic \n change or a natural disaster (such as tsunami, earthquake, \n flood, or volcanic eruption).\n (c) Application.--To seek a grant under this Act, the owner or \noperator of a water system shall submit to the Administrator an \napplication that--\n (1) includes a proposal for the program, strategy, or \n infrastructure improvement to be planned, designed, \n constructed, implemented, or maintained by the water system;\n (2) provides the best available research or data that \n demonstrate--\n (A) the risk to the water resources or \n infrastructure of the water system as a result of \n ongoing or forecasted changes to the hydrologic system \n of a region, including rising sea levels and changes in \n precipitation patterns; and\n (B) the manner in which the proposed program, \n strategy, or infrastructure improvement would perform \n under the anticipated hydrologic conditions;\n (3) describes the manner in which the proposed program, \n strategy, or infrastructure improvement is expected--\n (A) to enhance the resiliency of the water system, \n including source water protection for community water \n systems, to the anticipated hydrologic conditions; or\n (B) to increase efficiency in the use of energy or \n water of the water system; and\n (4) describes the manner in which the proposed program, \n strategy, or infrastructure improvement is consistent with an \n applicable State, tribal, or local climate adaptation plan, if \n any.\n (d) Priority.--\n (1) Water systems at greatest and most immediate risk.--In \n selecting grantees under this Act, subject to section 4(b), the \n Administrator shall give priority to owners or operators of \n water systems that are, based on the best available research \n and data, at the greatest and most immediate risk of facing \n significant negative impacts due to changing hydrologic \n conditions.\n (2) Goals.--In selecting among applicants described in \n paragraph (1), the Administrator shall ensure that, to the \n maximum extent practicable, the final list of applications \n funded for each year includes a substantial number that propose \n to use innovative approaches to meet 1 or more of the following \n goals:\n (A) Promoting more efficient water use, water \n conservation, water reuse, or recycling.\n (B) Using decentralized, low-impact development \n technologies and nonstructural approaches, including \n practices that use, enhance, or mimic the natural \n hydrological cycle or protect natural flows.\n (C) Reducing stormwater runoff or flooding by \n protecting or enhancing natural ecosystem functions.\n (D) Modifying, upgrading, enhancing, or replacing \n existing water system infrastructure in response to \n changing hydrologic conditions.\n (E) Improving water quality or quantity for \n agricultural and municipal uses, including through \n salinity reduction.\n (F) Providing multiple benefits, including to water \n supply enhancement or demand reduction, water quality \n protection or improvement, increased flood protection, \n and ecosystem protection or improvement.\n (e) Cost-Sharing Requirement.--\n (1) Federal share.--The share of the cost of any program, \n strategy, or infrastructure improvement that is the subject of \n a grant awarded by the Administrator to the owner or operator \n of a water system under subsection (a) paid through funds \n distributed under this Act shall not exceed 50 percent of the \n cost of the program, strategy, or infrastructure improvement.\n (2) Calculation of non-federal share.--In calculating the \n non-Federal share of the cost of a program, strategy, or \n infrastructure improvement proposed by a water system in an \n application submitted under subsection (c), the Administrator \n shall--\n (A) include the value of any in-kind services that \n are integral to the completion of the program, \n strategy, or infrastructure improvement, including \n reasonable administrative and overhead costs; and\n (B) not include any other amount that the water \n system involved receives from the Federal Government.\n (f) Davis-Bacon Compliance.--\n (1) In general.--All laborers and mechanics employed by \n contractors and subcontractors on projects funded directly by \n or assisted in whole or in part by this Act shall be paid wages \n at rates not less than those prevailing on projects of a \n character similar in the locality as determined by the \n Secretary of Labor in accordance with subchapter IV of chapter \n 31 of part A of subtitle II of title 40, United States Code \n (commonly referred to as the ``Davis-Bacon Act'').\n (2) Authority.--With respect to the labor standards \n specified in this subsection, the Secretary of Labor shall have \n the authority and functions set forth in Reorganization Plan \n Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section \n 3145 of title 40, United States Code.\n (g) Report to Congress.--Not later than 3 years after the date of \nenactment of this Act, and every 3 years thereafter, the Administrator \nshall submit to Congress a report that--\n (1) describes the progress in implementing this Act; and\n (2) includes information on project applications received \n and funded annually under this Act.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $50,000,000 for each of fiscal years 2015 through 2019.\n (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the \namount made available to carry out this Act for a fiscal year, not more \nthan 20 percent may be made available to grantees for activities \ndescribed in subsection (b)(10).","summary":"Water Infrastructure Resiliency and Sustainability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to establish the Water Infrastructure Resiliency and Sustainability Program to provide grants in each of FY2015-FY2019 for programs or projects to increase the resiliency or adaptability of water systems to any ongoing or forecasted changes to the hydrologic conditions of a US region. A water system is a community water system, a treatment works, a decentralized wastewater treatment system for domestic sewage, a groundwater storage and replenishment system, a system for transport and delivery of water for irrigation or conservation, or a natural or engineered system that manages floodwater. The EPA must give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. The EPA must ensure, to the maximum extent practicable, that the list of grant applications funded includes a substantial number that propose to use innovative approaches that meet at least one of these goals: promote more efficient water use, conservation, reuse, or recycling, use decentralized, low-impact development technologies and nonstructural approaches. Reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. Modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions, improve water quality or quantity for agricultural and municipal uses. And provide multiple benefits, including water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement.","title":"Water Infrastructure Resiliency and Sustainability Act of 2015","text_len":13868,"sum_len":1761} {"bill_id":"106_hr1247","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``World War II Memorial Completion \nAct''.\n\nSEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD \n WAR II MEMORIAL.\n\n (a) Codification of Existing Authority; Expansion of Authority.--\n(1) Chapter 21 of title 36, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 2113. World War II memorial in the District of Columbia\n ``(a) Definitions.--In this section:\n ``(1) The term `World War II memorial' means the memorial \n authorized by Public Law 103-32 (107 Stat. 90) to be \n established by the American Battle Monuments Commission on \n Federal land in the District of Columbia or its environs to \n honor members of the Armed Forces who served in World War II \n and to commemorate the participation of the United States in \n that war.\n ``(2) The term `Commission' means the American Battle \n Monuments Commission.\n ``(3) The term `memorial fund' means the fund created by \n subsection (c).\n ``(b) Solicitation and Acceptance of Contributions.--Consistent \nwith the authority of the Commission under section 2103(e) of this \ntitle, the Commission shall solicit and accept contributions for the \nWorld War II memorial.\n ``(c) Creation of Memorial Fund.--(1) There is hereby created in \nthe Treasury a fund for the World War II memorial, which shall consist \nof the following:\n ``(A) Amounts deposited, and interest and proceeds \n credited, under paragraph (2).\n ``(B) Obligations obtained under paragraph (3).\n ``(C) The amount of surcharges paid to the Commission for \n the World War II memorial under the World War II 50th \n Anniversary Commemorative Coins Act.\n ``(D) Amounts borrowed using the authority provided under \n subsection (e).\n ``(E) Any funds received by the Commission under section \n 2103(l) of this title in exchange for use of, or the right to \n use, any mark, copyright or patent.\n ``(2) The Chairman of the Commission shall deposit in the memorial \nfund the amounts accepted as contributions under subsection (b). The \nSecretary of the Treasury shall credit to the memorial fund the \ninterest on, and the proceeds from sale or redemption of, obligations \nheld in the memorial fund.\n ``(3) The Secretary of the Treasury shall invest any portion of the \nmemorial fund that, as determined by the Chairman of the Commission, is \nnot required to meet current expenses. Each investment shall be made in \nan interest bearing obligation of the United States or an obligation \nguaranteed as to principal and interest by the United States that, as \ndetermined by the Chairman of the Commission, has a maturity suitable \nfor the memorial fund.\n ``(d) Use of Memorial Fund.--The memorial fund shall be available \nto the Commission for--\n ``(1) the expenses of establishing the World War II \n memorial, including the maintenance and preservation amount \n provided for in section 8(b) of the Commemorative Works Act (40 \n U.S.C. 1008(b));\n ``(2) such other expenses, other than routine maintenance, \n with respect to the World War II memorial as the Commission \n considers warranted; and\n ``(3) to secure, obtain, register, enforce, protect, and \n license any mark, copyright or patent that is owned by, \n assigned to, or licensed to the Commission under section \n 2103(l) of this title to aid or facilitate the construction of \n the World War II memorial.\n ``(e) Special Borrowing Authority.--(1) To assure that \ngroundbreaking, construction, and dedication of the World War II \nmemorial are completed on a timely basis, the Commission may borrow \nmoney from the Treasury of the United States in such amounts as the \nCommission considers necessary, but not to exceed a total \nof $65,000,000. Borrowed amounts shall bear interest at a rate \ndetermined by the Secretary of the Treasury, taking into consideration \nthe average market yield on outstanding marketable obligations of the \nUnited States of comparable maturities during the month preceding the \nmonth in which the obligations of the Commission are issued. The \ninterest payments on such obligations may be deferred with the approval \nof the Secretary of the Treasury, but any interest payment so deferred \nshall also bear interest.\n ``(2) The borrowing of money by the Commission under paragraph (1) \nshall be subject to such maturities, terms, and conditions as may be \nagreed upon by the Commission and the Secretary of the Treasury, except \nthat the maturities may not exceed 20 years and such borrowings may be \nredeemable at the option of the Commission before maturity.\n ``(3) The obligations of the Commission shall be issued in amounts \nand at prices approved by the Secretary of the Treasury. The authority \nof the Commission to issue obligations under this subsection shall \nremain available without fiscal year limitation. The Secretary of the \nTreasury shall purchase any obligations of the Commission to be issued \nunder this subsection, and for such purpose the Secretary of the \nTreasury may use as a public debt transaction of the United States the \nproceeds from the sale of any securities issued under chapter 31 of \ntitle 31. The purposes for which securities may be issued under such \nchapter are extended to include any purchase of the Commission's \nobligations under this subsection.\n ``(4) Repayment of the interest and principal on any funds borrowed \nby the Commission under paragraph (1) shall be made from amounts in the \nmemorial fund. The Commission may not use for such purpose any funds \nappropriated for any other activities of the Commission.\n ``(f) Treatment of Borrowing Authority.--In determining whether the \nCommission has sufficient funds to complete construction of the World \nWar II memorial, as required by section 8 of the Commemorative Works \nAct (40 U.S.C. 1008), the Secretary of the Interior shall consider the \nfunds that the Commission may borrow from the Treasury under subsection \n(e) as funds available to complete construction of the memorial, \nwhether or not the Commission has actually exercised the authority to \nborrow such funds.\n ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of \ntitle 31, the Commission may accept from any person voluntary services \nto be provided in furtherance of the fund-raising activities of the \nCommission relating to the World War II memorial.\n ``(2) A person providing voluntary services under this subsection \nshall be considered to be a Federal employee for purposes of chapter 81 \nof title 5, relating to compensation for work-related injuries, and \nchapter 171 of title 28, relating to tort claims. A volunteer who is \nnot otherwise employed by the Federal Government shall not be \nconsidered to be a Federal employee for any other purpose by reason of \nthe provision of such voluntary service, except that any volunteers \ngiven responsibility for the handling of funds or the carrying out of a \nFederal function are subject to the conflict of interest laws contained \nin chapter 11 of title 18, and the administrative standards of conduct \ncontained in part 2635 of title 5, Code of Federal Regulations.\n ``(3) The Commission may provide for reimbursement of incidental \nexpenses which are incurred by a person providing voluntary services \nunder this subsection. The Commission shall determine which expenses \nare eligible for reimbursement under this paragraph.\n ``(4) Nothing in this subsection shall be construed to require \nFederal employees to work without compensation or to allow the use of \nvolunteer services to displace or replace Federal employees.\n ``(h) Treatment of Certain Contracts.--A contract entered into by \nthe Commission for the design or construction of the World War II \nmemorial is not funding agreement as that term is defined in section \n201 of title 35.\n ``(i) Extension of Authority to Establish Memorial.--\nNotwithstanding section 10 of the Commemorative Works Act (40 U.S.C. \n1010), the legislative authorization for the construction of the World \nWar II memorial contained in Public Law 103-32 (107 Stat. 90) shall not \nexpire until December 31, 2005.''.\n (2) The table of sections at the beginning of such chapter is \namended by adding at the end the following new item:\n\n``2113. World War II memorial in the District of Columbia.''.\n (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is \namended by striking sections 3, 4, and 5.\n (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment \nof this Act, the Secretary of the Treasury shall transfer amounts in \nthe fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to \nthe fund created by section 2113 of title 36, United States Code, as \nadded by subsection (a).\n\nSEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO \n SOLICIT AND RECEIVE CONTRIBUTIONS.\n\n Subsection (e) of section 2103 of title 36, United States Code, is \namended to read as follows:\n ``(e) Solicitation and Receipt of Contributions.--(1) The \nCommission may solicit and receive funds and in-kind donations and \ngifts from any State, municipal, or private source to carry out the \npurposes of this chapter. The Commission shall deposit such funds in a \nseparate account in the Treasury. Funds from this account shall be \ndisbursed upon vouchers approved by the Chairman of the Commission as \nwell as by a Federal official authorized to sign payment vouchers.\n ``(2) The Commission shall establish written guidelines setting \nforth the criteria to be used in determining whether the acceptance of \nfunds and in-kind donations and gifts under paragraph (1) would--\n ``(A) reflect unfavorably on the ability of the Commission, \n or any employee of the Commission, to carry out the \n responsibilities or official duties of the Commission in a fair \n and objective manner; or\n ``(B) compromise the integrity or the appearance of the \n integrity of the programs of the Commission or any official \n involved in those programs.''.\n\nSEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS.\n\n Section 2103 of title 36, United States Code, is amended by adding \nat the end the following new subsection:\n ``(l) Intellectual Property and Related Items.--(1) The Commission \nmay--\n ``(A) adopt, use, register, and license trademarks, service \n marks, and other marks;\n ``(B) obtain, use, register, and license the use of \n copyrights consistent with section 105 of title 17;\n ``(C) obtain, use, and license patents; and\n ``(D) accept gifts of marks, copyrights, patents and \n licenses for use by the Commission.\n ``(2) The Commission may grant exclusive and nonexclusive licenses \nin connection with any mark, copyright, patent, or license for the use \nof such mark, copyright or patent, except to extent the grant of such \nlicense by the Commission would be contrary to any contract or license \nby which the use of such mark, copyright or patent was obtained.\n ``(3) The Commission may enforce any mark, copyright, or patent by \nan action in the district courts under any law providing for the \nprotection of such marks, copyrights, or patents.\n ``(4) The Attorney General shall furnish the Commission with such \nlegal representation as the Commission may require under paragraph (3). \nThe Secretary of Defense shall provide representation for the \nCommission in administrative proceedings before the Patent and \nTrademark Office and Copyright Office.\n ``(5) Section 203 of title 17 shall not apply to any copyright \ntransferred in any manner to the Commission.''.","summary":"World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs . Establishes in the Treasury a fund to hold and expend such contributions. Authorizes the Commission to: (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis. And (2) accept voluntary services in furtherance of fund-raising activities . Extends until December 31, 2005 , the authority to construct the memorial. Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to: (1) authorize the Commission to solicit such contributions. And (2) require the deposit of such amounts in the fund created under this Act. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions. Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items.","title":"World War II Memorial Completion Act","text_len":11947,"sum_len":1152} {"bill_id":"110_hr3296","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage Broker Transparency and \nAccountability Act of 2007''.\n\nSEC. 2. MORTGAGE BROKER REQUIREMENTS.\n\n The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by \ninserting after section 129 the following new section:\n``Sec. 129A. Duties of mortgage brokers\n ``(a) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n ``(1) Home mortgage loan.--The term `home mortgage loan' \n means any consumer credit transaction in which a security \n interest, including any such interest arising by operation of \n law, is or will be retained or acquired in any real property \n located within the United States which is or, upon the \n completion of the transaction, will be used as the principal \n residence of the consumer.\n ``(2) Mortgage broker.--The term `mortgage broker' means \n any person who, for compensation or in anticipation of \n compensation, provides mortgage brokerage services with respect \n to home mortgage loans for which the person is not the creditor \n and includes any loan correspondents that provide such \n services.\n ``(3) Mortgage brokerage services.--The term `mortgage \n brokerage services' means any of the following services:\n ``(A) Arranging or negotiating, or attempting to \n arrange or negotiate, home mortgage loans or \n commitments for such loans.\n ``(B) Referring consumer applicants or prospective \n applicants for home mortgage loans to creditors.\n ``(C) Selecting or offering to select, on behalf of \n consumers, creditors to whom requests for an extension \n of a home mortgage loan may be made.\n ``(b) Mortgage Broker Responsibilities and Duties.--\n ``(1) Agency by operation of law.--A mortgage broker who \n provides mortgage brokerage services to any consumer shall be \n deemed to have an agency relationship with the consumer for \n such purposes and the broker shall be subject to all \n requirements for agents of consumers that are applicable under \n State or Federal law in connection with providing such \n services.\n ``(2) Broker duties.--In providing any mortgage brokerage \n services to any consumer, the mortgage broker shall--\n ``(A) act with reasonable skill, care, and \n diligence in providing any such services to the \n consumer and provide the consumer with a reasonable \n choice among available home mortgage loan products that \n meet the consumer's stated needs for mortgage \n financing;\n ``(B) disclose to a consumer the risks and benefits \n of each home mortgage loan product offered to the \n borrower, including any possibility of, and the \n possible extent of, a payment increase at the time of \n any resetting of rate, the extent of any prepayment \n penalties, balloon payments, and the consumer's \n responsibilities to pay taxes and insurance with \n respect to such product;\n ``(C) disclose to the consumer--\n ``(i) all fees or other payments the \n mortgage broker may or will receive, if any, \n from a creditor in connection with each home \n mortgage loan product that is offered or \n disclosed to the consumer, directly or \n indirectly, in the course of providing such \n services;\n ``(ii) the amount of each such fee or \n payment;\n ``(iii) the rate used to determine the \n amount of any such fee;\n ``(iv) how the consumer may use the amount \n of such fees or payments to reduce settlement \n costs otherwise applicable to the consumer upon \n entering into consumer credit transaction \n involving such home mortgage loan product; and\n ``(v) all fees or other payments the \n mortgage broker may or will receive, if any, \n from the consumer in connection with each home \n mortgage loan product that is offered or \n disclosed to the consumer, directly or \n indirectly, in the course of providing such \n services;\n ``(D) meet all applicable licensing requirements \n under State or local law; and\n ``(E) obtain and permanently maintain a bond--\n ``(i) for an amount equal to not less than \n 1 percent of the aggregate value of all direct \n and indirect fees received by the mortgage \n broker in connection with providing mortgage \n brokerage services in the calendar year \n preceding the date of the transaction;\n ``(ii) that inures, first, to the benefit \n of any consumer who has any claim against the \n mortgage broker under this title or any other \n applicable provision of law; and, second, to \n the benefit of creditors that deal with \n mortgage brokers in accordance with this title; \n and\n ``(iii) under which any assignee or \n subsequent transferee or trustee of a consumer \n or creditor remains a beneficiary of the bond.\n ``(3) Steering prohibited.--In connection with a home \n mortgage loan, a mortgage broker may not steer, counsel, or \n direct a consumer to a higher-cost mortgage as evidenced by \n higher rates, charges, principal amounts, or the inclusion of \n prepayment penalties or other terms than a lower-cost mortgage \n for which the consumer would otherwise qualify, considering the \n loan features requested by the consumer.\n ``(c) Statutory Obligation.--No requirement imposed on any mortgage \nbroker under this section may be waived by any consumer or by the terms \nof any agreement executed between the mortgage broker and any consumer.\n ``(d) Enforcement.--For purposes of providing a cause of action for \nany failure to comply with any requirement imposed this section, \nsection 130(a) shall be applied with respect to any such failure--\n ``(1) by substituting `mortgage broker' for `creditor' each \n place such term appears in such section; and\n ``(2) by treating all points, fees, and costs incurred in \n the origination of any home mortgage loan as actual damages \n sustained by the consumer as a result of the failure.''.\n\nSEC. 3. DISCLOSURE OF AFFILIATIONS.\n\n The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by \ninserting after section 129A (as added by section 2 of this Act) the \nfollowing new section:\n``Sec. 129B. Disclosures in connection with all home mortgage loans\n ``Each creditor, mortgage broker (as defined in section 129A), or \nother person involved in making or obtaining a home mortgage loan (as \ndefined in section 129A) to or for any consumer shall disclose to the \nconsumer any financial or other business relationship the creditor, \nmortgage broker, or other person has with any person that may be \ninvolved in the transaction resulting in the home mortgage loan, \nincluding any real estate agent, any person providing title insurance, \nany person providing settlement services (as defined in section 3 of \nthe Real Estate Settlement Procedures Act of 1974), or any person \nproviding table-top financing (in the case of a loan correspondent) and \ninformation sufficient to inform the consumer about the relationship, \nincluding whether the relationship is exclusive.''.\n\nSEC. 4. CLERICAL AMENDMENT.\n\n The table of sections for chapter 2 of the Truth in Lending Act is \namended by inserting after the item relating to section 129 the \nfollowing new items:\n\n``129A. Duties of mortgage brokers.\n``129B. Disclosures in connection with all home mortgage loans.''.","summary":"Mortgage Broker Transparency and Accountability Act of 2007 \u0096 Amends the Truth in Lending Act to establish mandatory responsibilities, duties, and disclosures governing mortgage brokers. Deems any mortgage broker to have a statutory agency relationship with the consumer subject to all requirements under state or federal law. Sets forth disclosure requirements, including disclosure of: (1) the risks and benefits of each home mortgage loan product. (2) possible payment increases at the time of any resetting of rate, (3) the extent of any prepayment penalties and balloon payments. And (4) the consumer's responsibilities to pay taxes and insurance with respect to such product. Requires mortgage brokers to maintain a bond that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this Act. Prohibits: (1) mortgage brokers from steering a consumer to a higher-cost mortgage than one for which the consumer would otherwise qualify. And (2) waiver by a consumer of the requirements imposed upon a mortgage broker under this Act. Requires disclosure of specified affiliations on the part of persons involved in the home mortgage loan process.","title":"To amend the Truth in Lending Act to establish transparency and accountability requirements for mortgage brokers, and for other purposes.","text_len":8725,"sum_len":1188} {"bill_id":"114_hr4370","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Compact Impact Relief Act of 2016''.\n\nSEC. 2. FMAP ADJUSTMENT FOR AFFECTED JURISDICTIONS EQUIVALENT TO \n COMPACT MIGRANT EXPENDITURES.\n\n (a) Payment of Increased FMAP.--For calendar quarters beginning on \nor after January 1 of the first year beginning after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nincrease the FMAP for each affected jurisdiction (without regard for \nany limitation otherwise specified in section 1905(b) of such Act (42 \nU.S.C. 1396d(b))) by the number of percentage points estimated under \nsubsection (d).\n (b) Estimation of Amount of Compact Migrant Expenditures.--For \npurposes of subsection (a), not later than 90 days before the beginning \nof the calendar quarter involved, the chief executive official of the \naffected jurisdiction shall submit to the Secretary of the Interior an \nestimation of the amount of compact migrant expenditures that will be \nmade by such jurisdiction for such quarter.\n (c) Review by Secretary of the Interior.--Not later than 60 days \nbefore the beginning of the calendar quarter involved, the Secretary of \nthe Interior shall review the estimation submitted by the chief \nexecutive official under subsection (b), make any appropriate \nadjustments, and submit to the Secretary of Health and Human Services a \nfinal estimated amount of compact migrant expenditures for such \nquarter.\n (d) Estimation and Notification by Secretary of HHS.--\n (1) In general.--The Secretary of Health and Human Services \n shall estimate the number of percentage points that the FMAP \n for each affected jurisdiction would need to be increased for a \n calendar quarter to result in an increase in the amount of \n total Federal payments to the affected jurisdiction under title \n XIX of the Social Security Act for such quarter that is \n equivalent to the final estimated amount of compact migrant \n expenditures submitted under subsection (c) for such quarter.\n (2) Continued application of limitation.--In no case may \n the increase in the FMAP estimated by the Secretary of Health \n and Human Services under paragraph (1) result in the payments \n to an affected jurisdiction under title XIX of the Social \n Security Act that exceed the limitations under subsections (f) \n and (g) of section 1108 of such Act (42 U.S.C. 1308).\n (3) Notification.--Not later than 30 days before the \n beginning of the calendar quarter involved, the Secretary of \n Health and Human Services shall notify each such chief \n executive official of the increase in the FMAP estimated by the \n Secretary under this subsection for the affected jurisdiction \n involved.\n (e) Reconciling and Payment Adjustments.--\n (1) Report by affected jurisdictions.--For each calendar \n quarter in which an increase in the FMAP is made for an \n affected jurisdiction under subsection (d), the chief executive \n official for the jurisdiction shall submit to the Secretary of \n the Interior an accounting of the total amount of compact \n migrant expenditures made by such jurisdiction for such \n quarter. Such accounting shall be submitted in such form and \n manner as the Secretary, in consultation with the Secretary of \n Health and Human Services, shall specify.\n (2) Review by the interior.--The Secretary of the Interior \n shall review each accounting submitted under paragraph (1) for \n accuracy, make any appropriate adjustments, and submit a final \n accounting of the amount of compact migrant expenditures for \n such quarter for each affected jurisdiction involved to the \n Secretary of Health and Human Services.\n (3) Adjustment by hhs.--The Secretary of Health and Human \n Services shall--\n (A) review whether the increase in the FMAP for \n each affected jurisdiction under subsection (a) for a \n calendar quarter involved resulted in an increase in \n Federal payments to the affected jurisdiction under \n title XIX of the Social Security Act for such quarter \n in an amount that is equivalent to the final accounting \n of the amount of compact migrant expenditures submitted \n under paragraph (2) for such jurisdiction; and\n (B) subject to the limitations under subsection (f) \n and (g) of section 1108 of such Act (42 U.S.C. 1308), \n shall make appropriate adjustments to the FMAP for the \n affected jurisdiction for future quarters to account \n for any overpayment or underpayment occurring as a \n result of the increase in such FMAP under this section \n for the quarter involved for that jurisdiction.\n (f) Limitation of FMAP to 100 Percent.--In no case shall an \nincrease in the FMAP applicable to an affected jurisdiction under this \nsection result in an FMAP for that jurisdiction that exceeds 100 \npercent.\n (g) Rule of Construction.--This section shall not be construed as \ntreating compact migrant expenditures as medical assistance under title \nXIX of the Social Security Act.\n (h) Definitions.--In this section:\n (1) Affected jurisdiction.--The term ``affected \n jurisdiction'' has the meaning given such term in section \n 104(e)(2) of the Compact of Free Association Amendments Act of \n 2003 (48 U.S.C. 1921c(e)(2)).\n (2) Compact migrant expenditures.--(A) The term ``compact \n migrant expenditures'' means, for a calendar quarter with \n respect to an affected jurisdiction, the amount of non-Federal \n funds expended by such jurisdiction for items and services \n described in section 1905(a) of the Social Security Act (42 \n U.S.C. 1396d(a)) for qualified nonimmigrants (as defined in \n section 104(e)(2) of the Compact of Free Association Amendments \n Act of 2003 (48 U.S.C. 1921c(e)(2))) and related administrative \n costs.\n (B) Such term includes payments made by an affected \n jurisdiction to health care providers for health care items and \n services provided to qualified nonimmigrants described in \n subparagraph (A), if such payment is not made under a State \n plan under title XIX of the Social Security Act, and such \n payment is not made from any other source of Federal funds.\n (3) FMAP.--The term ``FMAP'' means the Federal medical \n assistance percentage, as defined in section 1905(b) of the \n Social Security Act (42 U.S.C. 1396d(b)), as determined without \n regard to this section.\n (i) Conforming Amendment.--Section 1905(b) of the Social Security \nAct (42 U.S.C. 1396d(b)) is amended by inserting ``subject to section 2 \nof the Compact Impact Relief Act of 2016,'' after `` 83 per centum, \n(2)''.\n\nSEC. 3. PAYMENTS RELATING TO ELEMENTARY AND SECONDARY EDUCATION OF \n CITIZENS OF FREELY ASSOCIATED STATES.\n\n (a) Purpose.--Section 8001 of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 7701) is amended--\n (1) in paragraph (4), by striking ``or'';\n (2) in paragraph (5), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(6) educate alien children admitted to the United States \n as citizens of one of the Freely Associated States.''.\n (b) Payments for Eligible Federally Connected Children.--Section \n8003(a) of such Act (20 U.S.C. 7703(a)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (F), by striking ``or'' at the \n end;\n (B) in subparagraph (G), by striking the period at \n the end and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(H) resided in the United States pursuant to an \n admission into the United States as a citizen of the \n Republic of the Marshall Islands, the Federated States \n of Micronesia, or the Republic of Palau.''; and\n (2) in paragraph (2), by adding at the end the following:\n ``(G) Multiply the number of children described in \n paragraph (1)(H) by a factor of 1.25.''.\n (c) Authorization of Additional Funds for Eligible Federally \nConnected Children.--Section 8014 of such Act (20 U.S.C. 7714) is \namended by adding at the end the following:\n ``(h) Additional Funding for Eligible Federally Connected \nChildren.--For the purpose of making additional payments for federally \nconnected children described in section 8003(a)(1) under this title, \nthere are authorized to be appropriated $10,000,000 for fiscal year \n2017 and for each succeeding fiscal year.''.\n\nSEC. 4. PREFERENCE FOR UNITED STATES CITIZENS OR NATIONALS FOR CERTAIN \n HOUSING FINANCIAL ASSISTANCE.\n\n Section 214(a)(7) of the Housing and Community Development Act of \n1980 (42 U.S.C. 1436a(a)(7)) is amended by striking ``within Guam'' and \nall that follows through the period at the end and inserting ``within \nGuam and the Commonwealth of the Northern Mariana Islands, any citizen \nor national of the United States shall be entitled to a preference or \npriority in receiving financial assistance before any such alien who is \notherwise eligible for assistance.''.\n\nSEC. 5. INDEPENDENT ASSESSMENT OF STRATEGIC IMPORTANCE OF RELATIONSHIP \n BETWEEN THE UNITED STATES AND THE MARSHALL ISLANDS, THE \n FEDERATED STATES OF MICRONESIA, AND PALAU.\n\n (a) In General.--The Secretary of State shall seek to enter into an \nagreement with an eligible organization to conduct an independent \nassessment of the strategic importance of the relationship between the \nUnited States and the Republic of the Marshall Islands, the Federated \nStates of Micronesia, and the Republic of Palau.\n (b) Matters To Be Included.--The assessment required under \nsubsection (a) shall include--\n (1) an assessment of the relationships between the United \n States and the Republic of the Marshall Islands, the Federated \n States of Micronesia, and the Republic of Palau as a component \n of the Asia-Pacific re-balance and for the security and \n stability of the Asia-Pacific region;\n (2) an assessment of the capabilities, expertise, and \n shortfalls of United States Government agencies in effectively \n administering the Compact of Free Association between the \n United States and the Republic of the Marshall Islands, the \n Compact of Free Association between the United States and the \n Federated States of Micronesia, and United States financial \n support provided to the Republic of Palau, including \n recommendations on improvements to such capabilities, as \n required, and changes to processes or organizations that may be \n necessary;\n (3) recommendations regarding renewal and future \n administration of such Compacts and financial support; and\n (4) any other matters the eligible organization that enters \n into an agreement under this section determines to be \n appropriate.\n (c) Report Required.--\n (1) In general.--Not later than one year after the date of \n the enactment of this Act, the eligible organization that \n enters into an agreement under this section shall submit to the \n Secretary of State a report that shall include--\n (A) the assessment required under subsection (a);\n (B) the matters to be included required under \n subsection (b); and\n (C) any other matters the Secretary determines to \n be appropriate.\n (2) Form.--The report required under paragraph (1) shall be \n submitted in unclassified form, but may contain a classified \n annex if necessary.\n (d) Obtaining Official Data.--The eligible organization that enters \ninto an agreement under this section may secure directly from any \ndepartment or agency of the United States information necessary to \nenable it to carry out this section. Upon request of such eligible \norganization, the head of that department or agency shall furnish that \ninformation to the eligible organization.","summary":"Compact Impact Relief Act of 2016 This bill requires the Department of Health and Human Services to make quarterly increases in the federal medical assistance percentage, under title XIX (Medicaid) of the Social Security Act, to cover expenditures for medical assistance provided to qualified nonimmigrants under the Compact of Free Association by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii. The bill amends the Elementary and Secondary Education Act of 1965 to make local educational agencies eligible for impact aid for educating alien children admitted to the United States as citizens of one of the Freely Associated States. The bill amends the Housing and Community Development Act of 1980 to grant a preference to citizens and nationals of the United States within Guam or the Commonwealth of the Northern Mariana Islands in the receipt of housing assistance over any non-resident alien. The bill directs the Department of State to contract with an eligible organization to conduct an independent assessment of the strategic importance of the relationship between the United States and the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.","title":"Compact Impact Relief Act of 2016","text_len":12761,"sum_len":1244} {"bill_id":"114_hr6345","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``TPS Reform Act of 2016''.\n\nSEC. 2. TEMPORARY PROTECTED STATUS.\n\n (a) Power To Designate a Foreign State.--Section 244(b) of the \nImmigration and Nationality Act (8 U.S.C. 1254a(b)) is amended--\n (1) by striking paragraphs (1), (2), and (3) and inserting \n the following:\n ``(1) Initial designation.--For purposes of this section, a \n foreign state shall be designated upon the enactment of an Act \n that satisfies the following requirements:\n ``(A) The Act shall contain a finding--\n ``(i) that there is an ongoing armed \n conflict within the state and, due to such \n conflict, requiring the return of aliens who \n are nationals of that state (or to the part of \n the state) would pose a serious threat to their \n personal safety;\n ``(ii) that--\n ``(I) there has been an earthquake, \n flood, drought, epidemic, or other \n immediately life-threatening \n environmental disaster in the state \n resulting in a substantial, but \n temporary, disruption of living \n conditions in the area affected;\n ``(II) the foreign state is unable, \n temporarily, to handle adequately the \n return to the state of aliens who are \n nationals of the state; and\n ``(III) the foreign state \n officially has requested designation \n under this subparagraph; or\n ``(iii) that there exist extraordinary and \n temporary conditions in the foreign state that \n prevent aliens who are nationals of the state \n from returning to the state in safety and that \n permitting the aliens to remain temporarily in \n the United States is not contrary to the \n national interest of the United States.\n ``(B) The Act shall include--\n ``(i) an estimate of the number of \n nationals of the foreign state who are (or \n within the effective period of the designation \n are likely to become) eligible for temporary \n protected status under this section;\n ``(ii) such nationals' immigration status \n in the United States; and\n ``(iii) a time period for the effectiveness \n of the designation that is not greater than 18 \n months.\n ``(2) Termination.--\n ``(A) Timely termination.--If an initial \n designation of a foreign state is not extended under \n paragraph (3), the initial designation shall terminate \n at the end of the time period described in paragraph \n (1)(B)(iii).\n ``(B) Early termination.--For purposes of this \n section, the designation of a foreign state shall be \n terminated upon the enactment of an Act that contains a \n finding that the foreign state (or part of such foreign \n state) no longer meets the conditions for designation \n under paragraph (1)(A).\n ``(3) Extension.--For purposes of this section, the time \n period for the effectiveness of the designation of a foreign \n state shall be extended upon the enactment of an Act that \n includes--\n ``(A) a finding that the conditions for designation \n under paragraph (1)(A) continue to be met; and\n ``(B) a time period for the effectiveness of the \n extension that is not greater than 12 months.''; and\n (2) in paragraph (5)(A), by striking ``of the Attorney \n General'' and inserting ``made in any Act''.\n (b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B) \nof the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is \namended--\n (1) in clause (i), by striking ``, or'' at the end and \n inserting a semicolon;\n (2) in clause (ii), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(iii) the alien lacks a lawful \n immigration status.''.\n (c) Conforming Amendments.--Section 244 of the Immigration and \nNationality Act (8 U.S.C. 1254a et seq.) is amended--\n (1) in subsection (d)(3), by striking ``If the Attorney \n General terminates the designation of a foreign state (or part \n of such foreign state) under subsection (b)(3)(B)'' and \n inserting ``If the designation of a foreign state (or part of \n such foreign state) is terminated under section 244(b)(2)''; \n and\n (2) in subsection (i)(1)--\n (A) in subparagraph (A), by striking the comma at \n the end and adding ``; and'';\n (B) in subparagraph (B), by striking ``, and'' at \n the end and inserting a period; and\n (C) by striking subparagraph (C).\n (d) Technical Corrections.--Section 244 of the Immigration and \nNationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b) \nof this Act, is further amended by striking ``Attorney General'' each \nplace it appears and inserting ``Secretary of Homeland Security''.","summary":"TPS Reform Act of 2016 This bill amends the Immigration and Nationality Act to revise the criteria for designation of a foreign state as eligible to have its citizens be given temporary protected status (TPS) in the United States. Such revisions include the following: (1) such a foreign state shall be designated by an Act of Congress rather than by the Department of Justice. (2) such Act must find that an environmental disaster in such a foreign state is immediately life-threatening. (3) such Act may provide for early termination of a foreign state's designation. (4) such Act shall include an estimate of the number of a foreign state's nationals who are TPS eligible, their US immigration status, and a time period for the effectiveness of the designation of not more than 18 months. And (5) an alien lacking lawful immigration status shall be ineligible for TPS.","title":"TPS Reform Act of 2016","text_len":6107,"sum_len":871} {"bill_id":"114_hr4591","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nPurchased Health Care Streamlining and Modernization Act''.\n\nSEC. 2. AGREEMENTS.\n\n (a) In General.--Subchapter I of chapter 17 of title 38, United \nStates Code, is amended by inserting after section 1703 the following \nnew section:\n``Sec. 1703A. Veterans Care Agreements with certain health care \n providers\n ``(a) Veterans Care Agreements.--(1) In addition to furnishing \nhospital care, medical services, or extended care under this chapter at \nfacilities of the Department or under contracts or sharing agreements \nentered into pursuant to provisions of law other than this section, the \nSecretary may furnish such care and services to eligible veterans \nthrough the use of agreements entered into under this section by the \nSecretary with eligible providers.\n ``(2) The Secretary may enter into Veterans Care Agreements under \nthis section with eligible providers to furnish hospital care, medical \nservices, and extended care to veterans whom the Secretary determines \nthat furnishing such care and services at facilities of the Department \nor under contracts or sharing agreements under provisions of law other \nthan this section is impracticable or inadvisable because of the \nmedical condition of the veteran, the travel involved, or the nature of \nthe care or services required, or a combination of such factors.\n ``(b) Veteran Eligibility.--Eligibility of a veteran for care and \nservices under this section shall be determined as if such care or \nservices were furnished in a facility of the Department, and provisions \nof this title applicable to veterans receiving such care and services \nin a facility of the Department shall apply to veterans receiving care \nand services under this section.\n ``(c) Provider Eligibility.--Subject to the certification process \npursuant to subsection (d)(1), a provider of hospital care, medical \nservices, or extended care is eligible to enter into a Veterans Care \nAgreement under this section if the Secretary determines that the \nprovider meets each of the following criteria:\n ``(1) The gross annual revenue of the provider in the year \n preceding the year in which the provider enters into the \n Veterans Care Agreement does not exceed $11,000,000 (as \n adjusted in a manner similar to amounts adjusted pursuant to \n section 5312 of this title).\n ``(2) The provider does not otherwise provide such care or \n services to patients pursuant to a contract entered into with a \n department or agency of the Federal Government.\n ``(3) The provider is--\n ``(A) a provider of services that has enrolled and \n entered into a provider agreement under section 1866(a) \n of the Social Security Act (42 U.S.C. 1395cc(a));\n ``(B) a physician or supplier that has enrolled and \n entered into a participation agreement under section \n 1842(h) of such Act (42 U.S.C. 1395u(h));\n ``(C) a provider of items and services receiving \n payment under a State plan under title XIX of such Act \n (42 U.S.C. 1396 et seq.) or a waiver of such a plan;\n ``(D) an Aging and Disability Resource Center, an \n area agency on aging, or a State agency (as defined in \n section 102 of the Older Americans Act of 1965 (42 \n U.S.C. 3002)); or\n ``(E) a center for independent living (as defined \n in section 702 of the Rehabilitation Act of 1973 (29 \n U.S.C. 796a)).\n ``(4) Any additional criteria determined appropriate by the \n Secretary.\n ``(d) Provider Certification.--(1) The Secretary shall establish a \nprocess for the certification of eligible providers to enter into \nVeterans Care Agreements under this section that shall, at a minimum, \nset forth the following:\n ``(A) Procedures for the submission of applications for \n certification and deadlines for actions taken by the Secretary \n with respect to such applications.\n ``(B) Standards and procedures for the approval and denial \n of certifications and the revocation of certifications.\n ``(C) Procedures for assessing eligible providers based on \n the risk of fraud, waste, and abuse of such providers similar \n to the level of screening under section 1866(j)(2)(B) of the \n Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards \n set forth under section 9.104 of title 48, Code of Federal \n Regulations, or any successor regulation.\n ``(D) Requirement for denial or revocation of certification \n if the Secretary determines that the otherwise eligible \n provider is--\n ``(i) excluded from participation in a Federal \n health care program (as defined in section 1128B(f) of \n the Social Security Act (42 U.S.C. 1320a-7b(f))) under \n section 1128 or 1128A of the Social Security Act (42 \n U.S.C. 1320a-7 and 1320a-7a); or\n ``(ii) identified as an excluded source on the list \n maintained in the System for Award Management, or any \n successor system.\n ``(E) Procedures by which a provider whose certification is \n denied or revoked under the procedures established under this \n subsection will be identified as an excluded source on the list \n maintained in the System for Award Management, or successor \n system, if the Secretary determines that such exclusion is \n appropriate.\n ``(2) To the extent practicable, the Secretary shall establish the \nprocedures under paragraph (1) in a manner that takes into account any \ncertification process administered by another department or agency of \nthe Federal Government that an eligible provider has completed by \nreason of being a provider described in any of subparagraphs (A) \nthrough (E) of subsection (c)(3).\n ``(e) Terms of Agreements.--The Secretary shall ensure that each \nVeterans Care Agreement include provisions requiring the eligible \nprovider to do the following:\n ``(1) To accept payment for care and services furnished \n under this section at rates established by the Secretary for \n purposes of this section, which shall be, to the extent \n practicable--\n ``(A) the rates paid by the United States for such \n care to providers of services and suppliers under the \n Medicare program under title XVIII of the Social \n Security Act (42 U.S.C. 1395 et seq.);\n ``(B) the rates paid by the United States pursuant \n to the Alaska Fee Schedule of the Department of \n Veterans Affairs;\n ``(C) the rates paid by the United States pursuant \n to an All-Payer Model Agreement under the Social \n Security Act; or\n ``(D) the rates paid by the United States in a \n highly rural area pursuant to section \n 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and \n Accountability Act of 2014 (38 U.S.C. 1701 note).\n ``(2) To accept payment under paragraph (1) as payment in \n full for care and services furnished under this section and to \n not seek any payment for such care and services from the \n recipient of such care.\n ``(3) To furnish under this section only the care and \n services authorized by the Department under this section unless \n the eligible provider receives prior written consent from the \n Department to furnish care and services outside the scope of \n such authorization.\n ``(4) To bill the Department for care and services \n furnished under this section in accordance with a methodology \n established by the Secretary for purposes of this section.\n ``(5) Not to seek to recover or collect from a health-plan \n contract or third party (as those terms are defined in section \n 1729 of this title) for any care or services for which payment \n is made by the Department under this section.\n ``(6) To provide medical records for veterans furnished \n care and services under this section to the Department in a \n timeframe and format specified by the Secretary for purposes of \n this section, except the Secretary may not require that any \n payment by the Secretary to the eligible provider be contingent \n on such provision of medical records.\n ``(7) To meet other such terms and conditions, including \n quality of care assurance standards, as the Secretary may \n specify for purposes of this section.\n ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) \nNotwithstanding any other provision of law, the Secretary may enter \ninto a Veterans Care Agreement using procedures other than competitive \nprocedures.\n ``(2)(A) Except as provided in subparagraph (B) and unless \notherwise provided in this section, an eligible provider that enters \ninto a Veterans Care Agreement under this section is not subject to, in \nthe carrying out of the agreement, any provision of law that providers \nof services and suppliers under the original Medicare fee-for-service \nprogram under parts A and B of title XVIII of the Social Security Act \n(42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of \nsuch Act (42 U.S.C. 1396 et seq.) are not subject to.\n ``(B) In addition to the provisions of laws covered by subparagraph \n(A), an eligible provider shall be subject to the following provisions \nof law:\n ``(i) Any applicable law regarding integrity, ethics, or \n fraud, or that subject a person to civil or criminal penalties.\n ``(ii) Section 431 of title 18.\n ``(iii) Section 1352 of title 31, except for the filing \n requirements under subsection (b) of such section.\n ``(iv) Section 4705 or 4712 of title 41, and any other \n applicable law regarding the protection of whistleblowers.\n ``(v) Section 4706(d) of title 41.\n ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e et seq.) to the same extent as such title applies with \n respect to the eligible provider in providing care or services \n through an agreement or arrangement other than under a Veterans \n Care Agreement.\n ``(C) An eligible provider that receives a payment from the Federal \nGovernment pursuant to a Veterans Care Agreement shall not be treated \nas a Federal contractor or subcontractor by the Office of Federal \nContract Compliance Programs of the Department of Labor based on the \nwork performed or actions taken by such eligible provider that resulted \nin the receipt of such payments.\n ``(g) Termination of Veterans Care Agreement.--(1) An eligible \nprovider may terminate a Veterans Care Agreement with the Secretary \nunder this section at such time and upon such notice to the Secretary \nas the Secretary may specify for purposes of this section.\n ``(2) The Secretary may terminate a Veterans Care Agreement with an \neligible provider under this section at such time and upon such notice \nto the eligible provider as the Secretary may specify for the purposes \nof this section, if the Secretary--\n ``(A) determines that the eligible provider failed to \n comply with the provisions of the agreement or this section or \n other applicable provision of law;\n ``(B) makes a revocation pursuant to subsection (d)(1)(4);\n ``(C) ascertains that the eligible provider has been \n convicted of a felony or other serious offense under Federal or \n State law and determines that the continued participation of \n the eligible provider would be detrimental to the best \n interests of veterans of the Department; or\n ``(D) determines that it is reasonable to terminate the \n agreement based on the health care needs of veterans.\n ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care \nAgreement entered into under this section shall be for a two-year \nperiod unless the Secretary extends the agreement pursuant to paragraph \n(2)(B).\n ``(2)(A) During the 180-day period beginning 540 days after the \ndate on which a Veterans Care Agreement is entered into or renewed, the \nSecretary shall review the agreement to determine whether it is \nfeasible and advisable to instead furnish the hospital care, medical \nservices, or extended care furnished under the agreement at facilities \nof the Department or through contracts or sharing agreements entered \ninto under authorities other than this section.\n ``(B) If the Secretary determines under subparagraph (A) that it is \nnot feasible and advisable to instead furnish hospital care, medical \nservices, or extended care furnished under a Veterans Care Agreement at \nfacilities of the Department or through contracts or sharing agreements \nentered into under authorities other than this section, the Secretary--\n ``(i) shall prepare a written memorandum of such \n determination; and\n ``(ii) may renew such agreement.\n ``(i) Disputes.--(1) The Secretary shall establish administrative \nprocedures for eligible providers with which the Secretary has entered \ninto a Veterans Care Agreement to present any dispute arising under or \nrelated to the agreement.\n ``(2) Before using any dispute resolution mechanism under chapter \n71 of title 41 with respect to a dispute arising under a Veterans Care \nAgreement under this section, an eligible provider must first exhaust \nthe administrative procedures established by the Secretary under \nparagraph (1).\n ``(j) Annual Reports.--Not later than October 1 of the year \nfollowing the fiscal year in which the Secretary first enters into a \nVeterans Care Agreement, and each year thereafter, the Secretary shall \nsubmit to the appropriate congressional committees an annual report \nthat includes--\n ``(1) a list of all Veterans Care Agreements entered into \n as of the date of the report; and\n ``(2) summaries of each determination made by the Secretary \n under subsection (h)(2) during the fiscal year covered by the \n report.\n ``(k) Quality of Care.--In carrying out this section, the Secretary \nshall use the quality of care standards set forth or used by the \nCenters for Medicare & Medicaid Services.\n ``(l) Delegation.--The Secretary may delegate the authority to \nenter into or terminate a Veterans Care Agreement, or to make a \ndetermination described in subsection (h)(2), at a level not below the \nAssistant Deputy Under Secretary for Health for Community Care.\n ``(m) Sunset.--The Secretary may not enter into or renew a Veterans \nCare Agreement under this section after the date that is five years \nafter the enactment of this Act.\n ``(n) Definitions.--In this section:\n ``(1) The term `appropriate congressional committees' \n means--\n ``(A) the Committees on Veterans' Affairs of the \n House of Representatives and the Senate; and\n ``(B) the Committees on Appropriations of the House \n of Representatives and the Senate.\n ``(2) The term `eligible provider' means a provider of \n hospital care, medical services, or extended care that the \n Secretary determines is eligible to enter into Veterans Care \n Agreements under subsection (c).\n ``(3) The term `Veterans Care Agreement' means an agreement \n entered into by the Secretary with an eligible provider under \n subsection (a)(1).''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item related \nto section 1703 the following new item:\n\n``1703A. Veterans Care Agreements with certain health care \n providers.''.\n (c) Regulations.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall \nprescribe interim final regulations to implement section 1703A of title \n38, United States Code, as added by subsection (a), and publish such \nregulations in the Federal Register.","summary":"Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers. An eligible provider is: a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million. A provider who does not otherwise provide such care or services pursuant to a federal contract. And a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living. The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare amp. Medicaid Services. The VA may enter into an agreement using non-competitive procedures.","title":"Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act","text_len":16719,"sum_len":1104} {"bill_id":"105_s2111","text":"SECTION 1. DEFINITIONS.\n\n In this Act:\n (1) Advisory committee.--The term ``advisory committee'' \n means the advisory committee established by the Secretary under \n section 2(b).\n (2) Columbia\/snake river basin.--The term ``Columbia\/Snake \n River Basin'' means the basin of the Columbia River and Snake \n River in the States of Idaho, Montana, Oregon, and Washington.\n (3) Council.--The term ``Council'' means the Pacific \n Northwest Electric Power and Conservation Planning Council \n established under the Pacific Northwest Electric Power and \n Conservation Planning Act (16 U.S.C. 839 et seq.).\n (4) Federal agency.--The term ``Federal agency'' means--\n (A) the Bonneville Power Administration in the \n Department of Energy;\n (B) the Bureau of Land Management, Bureau of \n Reclamation, United States Fish and Wildlife Service, \n and the Bureau of Indian Affairs in the Department of \n the Interior;\n (C) the National Marine Fisheries Service in the \n Department of Commerce;\n (D) the Army Corps of Engineers in the Department \n of the Army;\n (E) the Forest Service and the Natural Resource \n Conservation Service in the Department of Agriculture; \n and\n (F) the Environmental Protection Agency.\n (5) Memorandum of understanding.--The term ``memorandum of \n understanding'' means any written or unwritten agreement \n between or among 1 or more of the Federal agencies and 1 or \n more State or local government agencies, 1 or more Indian \n tribes, or 1 or more private persons or entities--\n (A) concerning the manner in which any authority of \n a Federal agency under any law is to be exercised \n within the Columbia\/Snake River Basin; or\n (B) for the purpose of formulating recommendations \n concerning the manner in which any such authority \n should be exercised.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING.\n\n (a) In General.--The Bonneville Power Administration or any other \nFederal agency, acting individually or with 1 or more of the other \nFederal agencies, shall not enter into or implement a memorandum of \nunderstanding unless all of the conditions stated in this section are \nmet.\n (b) Advisory Committee.--\n (1) Establishment.--The Secretary shall establish an \n advisory committee under the Federal Advisory Committee Act (5 \n U.S.C. App.) to advise the Federal agencies with respect to \n matters to be addressed under any memorandum of understanding, \n including the economic and social impacts of proposed \n activities or recommendations.\n (2) Membership.--The advisory committee shall be composed \n of--\n (A) 1 representative of the large industrial \n customers served directly by the Bonneville Power \n Administration;\n (B) 1 representative of the preference power \n customers that purchase power from the Bonneville Power \n Administration;\n (C) 1 representative of non-Federal utilities that \n have hydropower generation on the Columbia River or \n Snake River;\n (D) 1 irrigator that receives water diverted from a \n Federal water project on the Snake River;\n (E) 1 irrigator that receives water diverted from a \n Federal water project on the Columbia River or a \n tributary of the Columbia River (other than a tributary \n that is also a tributary of the Snake River);\n (F) 1 private forest land owner;\n (G) 1 representative of the commercial fishing \n industry;\n (H) 1 representative of the sport fishing industry;\n (I) 1 representative of the environmental \n community;\n (J) 1 representative of a river port upstream of \n Bonneville Dam;\n (K) 1 representative of shippers that ship from \n places upstream of any lock on the Columbia River;\n (L) 1 representative of persons that hold Federal \n grazing permits; and\n (M) 1 representative of county governments from \n each of the States of Oregon, Washington, Idaho, and \n Montana.\n (3) Manner of appointment.--The members of the advisory \n committee shall be appointed by the Secretary of the Interior \n from among persons nominated by the Governors of the States of \n Idaho, Montana, Oregon, and Washington.\n (4) Chairperson.--At the first meeting of the advisory \n committee, the members shall select 1 of the members to serve \n as chairperson, on a simple majority vote.\n (5) Compensation.--A member of the advisory committee shall \n serve without compensation, but shall be reimbursed for travel, \n subsistence, and other necessary expenses incurred in the \n performance of duties of the advisory committee.\n (6) Support.--The Secretary shall--\n (A) provide such office space, furnishings and \n equipment as may be required to enable the advisory \n committee to perform its functions; and\n (B) furnish the advisory committee with such staff, \n including clerical support, as the advisory committee \n may require.\n (7) Opportunity to formulate and present views.--The \n advisory committee shall be afforded a reasonable opportunity \n to--\n (A) attend each meeting convened under the \n memorandum of understanding; and\n (B) formulate and present its views on each matter \n addressed at the meeting.\n (8) Authorization of appropriations.--There is authorized \n to be appropriated to carry out the activities of the advisory \n committee a total of $1,000,000 during the period in which the \n advisory committee is in existence.\n (9) Termination.--The advisory committee shall terminate on \n termination of the memorandum of understanding.\n (c) Reconciliation of Differences.--The Director of the Office of \nManagement and Budget shall designate an official who, at the request \nof a non-Federal party to any memorandum of understanding, shall have \nauthority to reconcile differences between the Federal agencies on any \nissue relating to activities addressed under the memorandum of \nunderstanding.\n (d) Public Availability of Data and Methodologies.--Each Federal \nagency shall publish and make available to the public, through use of \nthe Internet and by other means--\n (1) all scientific data that are prepared by or made \n available to the Federal agency for use for the purpose of \n formulating recommendations regarding any matter addressed \n under any memorandum of understanding; and\n (2) all methodologies that are prepared by or made \n available to the Federal agency for the purpose of assessing \n the cost or benefit of any activity addressed under any \n memorandum of understanding.\n (e) Reporting by the Council.--\n (1) In general.--Not later than 30 days before the \n beginning of each fiscal year, the Council shall submit to \n Congress a report that describes how the recommendations on \n fish and wildlife activities under any memorandum of \n understanding during the fiscal year will be reconciled and \n coordinated with activities of the Council under the Pacific \n Northwest Electric Power and Conservation Planning Act (16 \n U.S.C. 839 et seq.).\n (2) Cooperation.--Each Federal agency that is a party to a \n memorandum of understanding shall provide the Council such \n information and cooperation as the Council may request to \n enable the Council to make determinations necessary to prepare \n a report under paragraph (1).\n\nSEC. 3. BUDGET INFORMATION.\n\n (a) In General.--The President shall include in each budget of the \nUnited States Government for a fiscal year submitted under section 1105 \nof title 31, United States Code, a separate section that states for \neach Federal agency the amount of budget authority and outlays proposed \nto be expended in the Columbia\/Snake River Basin (including a pro rata \nshare of overhead expenses) for the fiscal year.\n (b) Itemization.--The statement of budget authority and outlays for \nthe Columbia\/Snake River Basin under subsection (a) for each Federal \nagency shall be stated in the same degree of specificity for each \ncategory of expense as in the statement of budget authority and outlays \nfor the entire Federal agency elsewhere in the budget.","summary":"Prescribes conditions under which the Bonneville Power Administration or any other Federal agency may enter into or implement a memorandum of understanding. Requires the Secretary of the Interior to establish an advisory committee to advise Federal agencies regarding matters addressed under any such memorandum, including the economic and social impact of proposed activities or recommendations. Instructs the Secretary to appoint committee members from among the persons nominated by the Governors of Idaho, Montana, Oregon, and Washington. Authorizes appropriations. Instructs the Director of the Office of Management and Budget, upon the request of a non-Federal party to such a memorandum, to designate an official authorized to reconcile differences between the Federal agencies on issues pertinent to the memorandum. Requires each Federal agency to make available to the public all data and methodologies prepared under such a memorandum. Directs the Pacific Northwest Electric Power and Conservation Planning Council to report annually to the Congress on how the recommendations concerning fish and wildlife activities under the current memorandum of understanding will be reconciled and coordinated with its activities under the Pacific Northwest Electric Power and Conservation Planning Act. Requires the President to include in each fiscal year budget for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia-Snake River Basin.","title":"A bill to establish the conditions under which the Bonneville Power Administration and certain Federal agencies may enter into a memorandum of agreement concerning management of the Columbia\/Snake River Basin, to direct the Secretary of the Interior to appoint an advisory committee to make recommendations regarding activities under the memorandum of understanding, and for other purposes.","text_len":9447,"sum_len":1488} {"bill_id":"103_hr855","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``District of Columbia Land Use \nNotification Act of 1993''.\n\nSEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO \n DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES \n AFFECTING PROPERTY LOCATED IN DISTRICT.\n\n (a) Requirements for General Services Administration.--\n (1) In general.--Title II of the Federal Property and \n Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is \n amended by adding at the end the following new section:\n\n ``notice to district of columbia of activities affecting property \n located in the district\n\n ``Sec. 213. (a) Except as provided in subsection (b), the \nAdministrator may not carry out any activity under this title that \naffects real property located in the District of Columbia (including \ntransferring excess property or disposing of surplus property) unless--\n ``(1) not later than 60 days before carrying out such \n activity, the Administrator provides a notice describing such \n activity and the property affected to the Mayor of the District \n of Columbia, the Chair of the Council of the District of \n Columbia, and the Chair of the Advisory Neighborhood Commission \n (as established pursuant to section 738 of the District of \n Columbia Self-Government and Governmental Reorganization Act) \n in whose neighborhood such property is located; and\n ``(2) the Administrator provides the individuals described \n in paragraph (1) with the opportunity to present oral or \n written comments on the activity to the Administrator (or the \n Administrator's designee) before the Administrator carries out \n the activity.\n ``(b) The Administrator may waive the requirements described in \nsubsection (a) if the Administrator finds that compliance with the \nrequirements would jeopardize the public safety or the national \nsecurity interests of the United States, but only if the \nAdministrator--\n ``(1) certifies such finding and the reasons for such \n finding to the individuals described in paragraph (1) of such \n subsection and to Congress; and\n ``(2) at the earliest time practicable, provides such \n individuals with the notice described in paragraph (1) of such \n subsection and the opportunity to present comments described in \n paragraph (2) of such subsection.''.\n (2) Clerical amendment.--The table of contents for such Act \n is amended by inserting after the item relating to section 212 \n the following new item:\n\n ``Sec. 213. Notice to District of Columbia of activities \n affecting property located in the \n District.''.\n (b) Notice Requirements for Other Covered Agencies.--\n (1) In general.--Except as provided in paragraph (2), a \n covered agency (as defined in paragraph (3)) may not carry out \n any activity that affects real property located in the District \n of Columbia unless--\n (A) not later than 60 days before carrying out such \n activity, such agency provides a notice describing such \n activity and the property affected to the Mayor of the \n District of Columbia, the Chair of the Council of the \n District of Columbia, and the Chair of the Advisory \n Neighborhood Commission (as established pursuant to \n section 738 of the District of Columbia Self-Government \n and Governmental Reorganization Act) in whose \n neighborhood such property is located; and\n (B) the agency provides the individuals described \n in subparagraph (A) with the opportunity to present \n oral or written comments on the activity to a \n representative of the agency before the agency carries \n out the activity.\n (2) Exception for emergencies.--A covered agency may waive \n the requirements of paragraph (1) if the agency finds that \n compliance with the requirements would jeopardize the public \n safety or the national security interests of the United States, \n but only if the agency--\n (A) certifies such finding and the reasons for such \n finding to the individuals described in subparagraph \n (A) of such paragraph and to Congress; and\n (B) at the earliest time practicable, provides such \n individuals with the notice described in subparagraph \n (A) of such paragraph and the opportunity to present \n comments described in subparagraph (B) of such \n paragraph.\n (3) Covered agency defined.--In this subsection, the term \n ``covered agency'' means any of the following:\n (A) The Architect of the Capitol.\n (B) The National Park Service.\n (C) The Smithsonian Institution.\n (c) Prior Approval for Events at Tennis Stadium at Rock Creek \nPark.--No event may be held at the William H. G. Fitzgerald Tennis \nCenter at Rock Creek Park without the prior approval of the Director of \nthe National Park Service and the Mayor of the District of Columbia.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by section 2(a) shall apply to activities \ncarried out after the expiration of the 60-day period that begins on \nthe date of the enactment of this Act, and sections 2 (b) and (c) shall \napply to activities carried out and events held after the expiration of \nsuch period.","summary":"District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia, (2) the Chair of the Council of the District. And (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located. Prohibits an event from being held at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals. And (2) providing the individuals with a notice and an opportunity to comment.","title":"District of Columbia Land Use Notification Act of 1993","text_len":5811,"sum_len":1123} {"bill_id":"113_hr2402","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Financial Protection \nCommission Act of 2013''.\n\nSEC. 2. ESTABLISHMENT OF THE COMMISSION.\n\n Section 1011 of the Consumer Financial Protection Act of 2010 is \namended--\n (1) by striking subsections (b), (c), and (d);\n (2) by redesignating subsection (e) as subsection (j); and\n (3) by inserting after subsection (a) the following new \n subsections:\n ``(b) Establishment of the Commission.--\n ``(1) In general.--There is hereby established a commission \n (hereinafter referred to in this section as the `Commission') \n that shall serve as the head of the Bureau.\n ``(2) Authority to prescribe regulations.--The Commission \n may prescribe such regulations and issue such orders in \n accordance with this title as the Commission may determine to \n be necessary for carrying out this title and all other laws \n within the Commission's jurisdiction and shall exercise any \n authorities granted under this title and all other laws within \n the Commission's jurisdiction.\n ``(c) Composition of the Commission.--\n ``(1) In general.--The Commission shall be composed of the \n Vice Chairman for Supervision of the Federal Reserve System and \n 4 additional members who shall be appointed by the President, \n by and with the advice and consent of the Senate, from among \n individuals who--\n ``(A) are citizens of the United States;\n ``(B) have strong competencies and experiences \n related to consumer financial protection; and\n ``(C) should want to protect service members and \n their families who are sacrificing their lives for this \n country from abusive financial practices.\n ``(2) Staggering.--The members of the Commission appointed \n under paragraph (1) shall serve staggered terms, which \n initially shall be established by the President for terms of 1, \n 2, 4, and 5 years, respectively.\n ``(3) Terms.--\n ``(A) In general.--Each member of the Commission \n appointed under paragraph (1), including the Chair, \n shall serve for a term of 5 years.\n ``(B) Removal for cause.--The President may remove \n any member of the Commission appointed under paragraph \n (1) only for inefficiency, neglect of duty, or \n malfeasance in office.\n ``(C) Vacancies.--Any member of the Commission \n appointed under paragraph (1) appointed to fill a \n vacancy occurring before the expiration of the term to \n which that member's predecessor was appointed \n (including the Chair) shall be appointed only for the \n remainder of the term.\n ``(D) Continuation of service.--Each member of the \n Commission appointed under paragraph (1) may continue \n to serve after the expiration of the term of office to \n which that member was appointed until a successor has \n been appointed by the President and confirmed by the \n Senate, except that a member may not continue to serve \n more than 1 year after the date on which that member's \n term would otherwise expire.\n ``(E) Other employment prohibited.--No member of \n the Commission appointed under paragraph (1) shall \n engage in any other business, vocation, or employment.\n ``(4) Roles and responsibilities of commissioners.--One \n member of the Commission shall have as their primary \n responsibility the oversight of the Bureau's activities \n pertaining to protecting consumers, with a focus on consumers \n who are older, minorities, youth, or veterans, from unfair, \n deceptive, and abusive lending practices. The designated \n commissioner shall be responsible for--\n ``(A) ensuring the Bureau conducts regular outreach \n to consumers regarding industry lending activities;\n ``(B) researching and reporting to the full \n Commission, on a regular basis, the impact of new loan \n and credit products and services on consumers; and\n ``(C) ensuring the Bureau coordinates with State-\n level consumer protection agencies on enforcement \n measures that protect consumers from unfair, deceptive, \n and abusive lending practices.\n ``(d) Affiliation.--With respect to members appointed pursuant to \nsubsection (c)(1), not more than 2 shall be members of any one \npolitical party.\n ``(e) Chair of the Commission.--\n ``(1) Appointment.--The Chair of the Commission shall be \n appointed by the President from among the members of the \n Commission appointed under paragraph (1).\n ``(2) Authority.--The Chair shall be the principal \n executive officer of the Bureau, and shall exercise all of the \n executive and administrative functions of the Bureau, including \n with respect to--\n ``(A) the appointment and supervision of personnel \n employed under the Bureau (other than personnel \n employed regularly and full time in the immediate \n offices of members of the Commission other than the \n Chair);\n ``(B) the distribution of business among personnel \n appointed and supervised by the Chair and among \n administrative units of the Bureau; and\n ``(C) the use and expenditure of funds.\n ``(3) Limitation.--In carrying out any of the Chair's \n functions under the provisions of this subsection the Chair \n shall be governed by general policies of the Commission and by \n such regulatory decisions, findings, and determinations as the \n Commission may by law be authorized to make.\n ``(4) Requests or estimates related to appropriations.--\n Requests or estimates for regular, supplemental, or deficiency \n appropriations on behalf of the Commission may not be submitted \n by the Chair without the prior approval of the Commission.\n ``(f) No Impairment by Reason of Vacancies.--No vacancy in the \nmembers of the Commission shall impair the right of the remaining \nmembers of the Commission to exercise all the powers of the Commission. \nThree members of the Commission shall constitute a quorum for the \ntransaction of business, except that if there are only 3 members \nserving on the Commission because of vacancies in the Commission, 2 \nmembers of the Commission shall constitute a quorum for the transaction \nof business. If there are only 2 members serving on the Commission \nbecause of vacancies in the Commission, 2 members shall constitute a \nquorum for the 6-month period beginning on the date of the vacancy \nwhich caused the number of Commission members to decline to 2.\n ``(g) Seal.--The Commission shall have an official seal.\n ``(h) Compensation.--\n ``(1) Chair.--The Chair shall receive compensation at the \n rate prescribed for level I of the Executive Schedule under \n section 5313 of title 5, United States Code.\n ``(2) Other members of the commission.--The 3 other members \n of the Commission appointed under subsection (c)(1) shall each \n receive compensation at the rate prescribed for level II of the \n Executive Schedule under section 5314 of title 5, United States \n Code.\n ``(i) Initial Quorum Established.--During any time period prior to \nthe confirmation of at least two members of the Commission, one member \nof the Commission shall constitute a quorum for the transaction of \nbusiness. Following the confirmation of at least 2 additional \ncommissioners, the quorum requirements of subsection (f) shall \napply.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n (a) Consumer Financial Protection Act of 2010.--\n (1) In general.--The Consumer Financial Protection Act of \n 2010 is amended--\n (A) in section 1002, by striking paragraph (10);\n (B) in section 1012(c)(4), by striking ``Director'' \n each place such term appears and inserting ``Commission \n of the Bureau'';\n (C) in section 1013(c)(3)--\n (i) by striking ``Assistant Director of the \n Bureau for'' and inserting ``Head of the Office \n of''; and\n (ii) in subparagraph (B), by striking \n ``Assistant Director'' and inserting ``Head of \n the Office'';\n (D) in section 1013(g)(2)--\n (i) by striking ``Assistant director'' and \n inserting ``Head of the office''; and\n (ii) by striking ``an assistant director'' \n and inserting ``a Head of the Office of \n Financial Protection for Older Americans'';\n (E) in section 1016(a), by striking ``Director of \n the Bureau'' and inserting ``Chair of the Commission'';\n (F) in section 1017(c)(1), by striking ``Director \n and other employees'' and inserting ``members of the \n Commission and other employees'';\n (G) in section 1027(l)(1), by striking ``Director \n and the''; and\n (H) in section 1066(a), by striking ``Director of \n the Bureau is'' and inserting ``first member of the \n Commission is''.\n (2) Global amendments.--The Consumer Financial Protection \n Act of 2010 is amended--\n (A) by striking ``Director of the'' each place such \n term appears, other than in--\n (i) subparagraphs (A) and (E) of section \n 1017(4);\n (ii) section 1043;\n (iii) section 1061(b)(3);\n (iv) section 1062;\n (v) section 1063(f);\n (vi) subparagraphs (E) and (G) of section \n 1064(i)(2); and\n (vii) section 1065(a); and\n (B) by striking ``Director'' each place such term \n appears and inserting ``Bureau'', other than in--\n (i) section 1063(f)(2); and\n (ii) section 1065(a).\n (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The \nDodd-Frank Wall Street Reform and Consumer Protection Act is amended--\n (1) in section 111(b)(1)(D), by striking ``Director'' and \n inserting ``Chair of the Commission''; and\n (2) in section 1447, by striking ``Director of the Bureau'' \n each place such term appears and inserting ``Bureau''.\n (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the \nElectronic Fund Transfer Act, as added by section 1075(a)(2) of the \nConsumer Financial Protection Act of 2010, is amended by striking \n``Director of the Bureau of Consumer Financial Protection'' and \ninserting ``Bureau of Consumer Financial Protection''.\n (d) Expedited Funds Availability Act.--The Expedited Funds \nAvailability Act, as amended by section 1086 of the Consumer Financial \nProtection Act of 2010, is amended by striking ``Director of the \nBureau'' each place such term appears and inserting ``Bureau''.\n (e) Federal Deposit Insurance Act.--Section 2 of the Federal \nDeposit Insurance Act, as amended by section 336(a) of the Dodd-Frank \nWall Street Reform and Consumer Protection Act, is amended by striking \n``Director of the Consumer Financial Protection Bureau'' each place \nsuch term appears and inserting ``Chair of the Commission of the Bureau \nof Consumer Financial Protection''.\n (f) Federal Financial Institutions Examination Council Act of \n1978.--Section 1004(a)(4) of the Federal Financial Institutions \nExamination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by \nsection 1091 of the Consumer Financial Protection Act of 2010, is \namended by striking ``Director of the Consumer Financial Protection \nBureau'' and inserting ``Chair of the Commission of the Bureau of \nConsumer Financial Protection''.\n (g) Financial Literacy and Education Improvement Act.--Section 513 \nof the Financial Literacy and Education Improvement Act, as amended by \nsection 1013(d) of the Consumer Financial Protection Act of 2010, is \namended by striking ``Director'' each place such term appears and \ninserting ``Chair of the Commission''.\n (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home \nMortgage Disclosure Act of 1975, as amended by section 1094(6) of the \nConsumer Financial Protection Act of 2010, is amended by striking \n``Director of the Bureau of Consumer Financial Protection'' each place \nsuch term appears and inserting ``Bureau of Consumer Financial \nProtection''.\n (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land \nSales Full Disclosure Act, as amended by section 1098A of the Consumer \nFinancial Protection Act of 2010, is amended--\n (1) by amending section 1402(1) to read as follows:\n ``(1) `Chair' means the Chair of the Commission of the Bureau of \nConsumer Financial Protection;'';\n (2) in section 1416(a), by striking ``Director of the \n Bureau of Consumer Financial Protection'' and inserting \n ``Chair''; and\n (3) by striking ``Director'' each place such term appears \n and inserting ``Bureau''.\n (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of \nthe Real Estate Settlement Procedures Act of 1974, as amended by \nsection 1450 of the Dodd-Frank Wall Street Reform and Consumer \nProtection Act, is amended--\n (1) by striking ``The Director of the Bureau of Consumer \n Financial Protection (hereafter in this section referred to as \n the `Director')'' and inserting ``The Bureau of Consumer \n Financial Protection''; and\n (2) by striking ``Director'' each place such term appears \n and inserting ``Bureau''.\n (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage \nLicensing Act of 2008, as amended by section 1100 of the Consumer \nFinancial Protection Act of 2010, is amended--\n (1) by striking ``Director'' each place such term appears \n in headings and text and inserting ``Bureau''; and\n (2) in section 1503, by striking paragraph (10).\n (l) Title 44, United States Code.--Section 3513(c) of title 44, \nUnited States Code, as amended by section 1100D(b) of the Consumer \nFinancial Protection Act of 2010, is amended by striking ``Director of \nthe Bureau'' and inserting ``Bureau''.","summary":"Consumer Financial Protection Commission Act of 2013 - Amends the Consumer Financial Protection Act of 2010 , to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval.","title":"Consumer Financial Protection Commission Act of 2013","text_len":15349,"sum_len":452} {"bill_id":"105_hr1477","text":"SECTION 1. FINDINGS.\n\n Congress finds that--\n (1) the 50-mile Handford Reach is the last free-flowing \n nontidal segment of the Columbia River in the United States and \n has been preserved in a relatively natural condition because of \n its location within the Hanford Nuclear Reservation;\n (2) in 1988, Congress, in Public Law 100-605 (102 Stat. \n 3043), called for an analysis of protection alternatives for \n the Hanford Reach and a report to Congress by the Secretary of \n the Interior, who concluded in the Hanford Reach Final \n Environmental Impact Statement dated June 1994 that the Hanford \n Reach should be designated as a recreational river under the \n Wild and Scenic Rivers Act;\n (3) the Hanford Reach is a vital migration corridor for \n anadromous fish and contains some of the most productive \n spawning areas in the Northwest United States, producing an \n estimated 80 percent of the Columbia Basin's fall chinook \n salmon and healthy runs of naturally spawning steelhead trout, \n sturgeon, and other highly valued fish species;\n (4) the Hanford Reach provides important habitat for \n wintering and migrating waterfowl, bald eagles, deer, elk, and \n a diversity of other wildlife, including numerous Federal and \n State-listed threatened and endangered plant and animal \n species, some of which are found nowhere else;\n (5) the White Bluffs and pristine conditions of the Hanford \n Reach offer scenic beauty, opportunities for solitude, and \n recreation, including hunting, fishing, boating, hiking, \n swimming, and wildlife observation, in close proximity to the \n Tri-Cities area of the State of Washington;\n (6) the Hanford Reach and its salmon runs have been \n important to mid-Columbia Native Americans for subsistence, \n cultural, and religious purposes for more than 10,000 years, \n and there are 150 registered archaeological sites in the area;\n (7) the southern shore of the Hanford Reach chronicles the \n history of the Manhattan Project, defense nuclear production \n during the cold war, and early Euro-American settlement of the \n area;\n (8) the White Bluffs and adjacent shoreline areas are a \n significant paleontological resource and are rich with fossils \n remains from the Pliocene period;\n (9) protection of the Hanford Reach as a national wild and \n scenic river can enhance local revenues from outdoor recreation \n and increase economic investment in the Tri-Cities area by \n highlighting the quality of life and natural amenities of the \n area;\n (10) economic activities along the river corridor in \n existence on the date of enactment of this Act, such as \n agriculture, power production and transmission, and water \n withdrawal, are compatible with the recreational classification \n of the river, and the classification made by this Act cannot be \nchanged except by a subsequent Act of Congress;\n (11) designation of the Hanford Reach as a wild and scenic \n river can facilitate, and make less costly, the remediation of \n contaminated areas of the Hanford Nuclear Reservation by \n determining future land use within the river corridor and \n helping to ensure the Federal commitment to the cleanup of the \n Hanford Site;\n (12) the Hanford Reach has special significance as an \n outdoor laboratory and classroom and offers a singular \n opportunity for government agencies, tribes, and community \n organizations to develop a partnership around an education and \n interpretation program focused on the area's unique natural and \n human history;\n (13) the Columbia River shore immediately downstream of the \n Hanford Reach in the Tri-Cities area currently contains miles \n of high, steep levees which create a sterile gauntlet through \n which migrating anadromous fish must pass, and that flow \n controls on the Columbia River have reduced the need for levees \n of this height;\n (14) modifying levees in the Tri-Cities area could \n significantly improve the habitat value of this transition area \n to the Hanford Reach for fish and wildlife, decrease mortality \n of migratory fish and waterfowl, and have the additional \n benefits of improving rivershore access, recreation, and \n aesthetics; and\n (15) local jurisdictions in the Tri-Cities area have \n expressed interest in a partnership with the Army Corps of \n Engineers and other agencies to study rivershore restoration in \n the Tri-Cities area and develop a plan of action.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to protect the natural, cultural, scenic, and \n recreational resources of the Hanford Reach of the Columbia \n River;\n (2) to encourage education and interpretation of the \n Hanford Reach; and\n (3) to restore and enhance the natural habitat of the \n rivershore immediately downstream of the Hanford Reach in the \n vicinity of the Tri-Cities area of the State of Washington.\n\nSEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC RIVER.\n\n Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following:\n ``(____) Hanford reach, columbia river, washington.--The river \nsegment from river mile 346.5 to river mile 396, Hanford Reach, \nColumbia River, Washington, as a recreational river, subject to the \nfollowing:\n ``(A) No privately owned land.--Only public land \n adjacent to the river segment, and no privately owned \n land, may be included in the river segment.\n ``(B) Management.--\n ``(i) In general.--The Secretary of the \n Interior shall manage the river segment as a \n recreational river in accordance with the \n National Wildlife Refuge System Administration \n Act of 1996 (16 U.S.C. 668dd et seq.), this \n Act, and other applicable law.\n ``(ii) Rule of construction.--Nothing in \n this Act or any other law authorizes the \n Secretary of the Interior or any other \n governmental officer to alter the \n classification of the river segment as a \n recreational river.\n ``(C) Development of plan.--In developing and \n periodically revising a plan for the management of the \nriver segment, the Secretary of the Interior shall--\n ``(i) consult with--\n ``(I) affected Indian tribes;\n ``(II) the State of Washington;\n ``(III) the Secretary of Energy;\n ``(IV) governments of local \n jurisdictions adjacent to the river \n segment; and\n ``(V) and advisory council composed \n of the chairperson of the county \n commissions for Benton County, Franklin \n County, and Grant County, Washington, \n and four citizens selected by the \n Governor of Washington from those \n counties to represent environmental, \n recreational, cultural, and other \n stakeholder interests;\n ``(ii) provide opportunity for public \n participation;\n ``(iii) develop a strategy for acquiring \n private land in the area defined by the \n applicable environmental impact statement by \n purchase, conservation easement, lease, or \n donation on a willing-seller basis only;\n ``(iv) recognize recreation as an \n outstandingly remarkable value of the \n designated area and give recreation a high \n management priority, along with protection of \n natural, cultural, and scenic resources;\n ``(v) coordinate and cooperate with State, \n local, and tribal governments and other \n entities in the development and implementation \n of educational and interpretive programs \n related to the Hanford Reach; and\n ``(vi) determine how--\n ``(I) a Hanford Reach educational \n and interpretive center with \n appropriate exhibit, conference, and \n support facilities can be constructed \n or be incorporated into a compatible \n community facility;\n ``(II) interpretive education \n efforts can be coordinated with local \n governments and public school districts \n in the region; and\n ``(III) recreational tourism \n efforts associated with the Hanford \n Reach can be coordinated through a \n community-based visitor and convention \n bureau.\n ``(D) Access corridors.--Access corridors in \n existence on the date of enactment of this paragraph \n shall be retained.\n ``(E) Rules of construction.--The designation of \n the river segment shall not be construed as--\n ``(i) prohibiting or approving relicensing \n of any hydroelectric facility by the Federal \n Energy Regulatory Commission;\n ``(ii) affecting any law, agreement, plan, \n or policy in effect on the date of enactment of \n this paragraph regarding water rights or \n instream flows on the river segment;\n ``(iii) prohibiting the operation or \n maintenance of any energy, transmission, water \n intake, or water outfall facility in existence \n on the date of enactment of this paragraph;\n ``(iv) prohibiting the modification, \n repair, or replacement of any energy, \n transmission, water intake, or water outfall \n facility so long as there is no \nsubstantial impact on the natural, cultural, or scenic resources of the \nriver segment and adjacent land area;\n ``(v) establishing or imposing remediation \n requirements more restrictive than those that \n would apply but for this paragraph;\n ``(vi) prohibiting construction of \n temporary facilities essential to the \n remediation and restoration of contaminated \n areas within the viewshed of the river segment; \n or\n ``(vii) relieving the Secretary of Energy \n from any obligation or other liability at the \n Hanford Nuclear Reservation under the \n Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 \n U.S.C. 9601 et seq.), the Solid Waste Disposal \nAct (42 U.S.C. 6901 et seq.), and other applicable law or imposing any \nsuch obligation or other liability on the Secretary of the Interior.\n ``(F) Rivershore restoration and enhancement.--The \n Secretary of the Army, acting through the Chief of \n Engineers of the Army Corps of Engineers, in \n cooperation and coordination with the heads of other \n relevant Federal agencies and State and local \n governments, shall develop a comprehensive plan of \n improvement for restoration and enhancement of fish and \n wildlife habitat, recreation, river access, and overall \n aesthetics of the levees and other rivershore areas \n downstream of the river segment in the Tri-Cities area \n of the State of Washington.\n ``(G) Section 1135 projects.--The Secretary of the \n Army, acting through the Chief of Engineers of the Army \n Corps of Engineers--\n ``(i) subject to receipt of a statement of \n interest from the non-Federal interests for the \n following projects, shall, not later than 180 \n days after the date of enactment of this \n paragraph, complete a preliminary restoration \n plan under section 1135 of the Water Resources \n Development Act of 1986 (33 U.S.C. 2309a) for \n each of--\n ``(I) a portion of the rivershore \n of Clover Island and a portion of the \n levee immediately upstream of Clover \n Island;\n ``(II) the rivershore immediately \n upstream of the portion described in \n subclause (I) in the city of Kennewick, \n Washington, to United States Route 395 \n bridge;\n ``(III) the levee modified in 1994 \n between road 39 and the United States \n Route 395 bridge in Franklin County, \n Washington; and\n ``(IV) the levee between the United \n States Route 395 bridge to the area \n immediately downstream of the 10th \n Avenue bridge in the city of Pasco, \n Washington;\n ``(ii) shall consider each of the projects \n described in subclauses (I), (II), (III), and \n (IV) of clause (i) to be a separate project for \n purposes of the program under section 1135 of \n the Water Resources Development Act of 1986 (33 \n U.S.C. 2309a); and\n ``(iii) subject to receipt of necessary \n commitments from the non-Federal interests for \n the projects, shall, not later than 18 months \n after the date of enactment of this paragraph, \n complete a project modification report for each \n of the projects.''.","summary":"Amends the Wild and Scenic Rivers Act to designate a specified segment of the Hanford Reach of the Columbia River in Washington State as a component of the National Wild and Scenic Rivers System. Provides that only public land adjacent to the segment, and no privately-owned land, shall be included in it. Requires the Secretary of the Interior to: (1) manage the segment as a recreational river. And (2) meet specified criteria in developing and periodically revising a plan for the management of the segment. Retains access corridors in existence on the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers in cooperation and coordination with the heads of relevant Federal agencies and State and local governments, to develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the segment in the Tri-Cities area of Washington State. Requires the Secretary, acting through the Chief and subject to receipt of a statement of interest from the non-Federal interests for the following projects, to complete a preliminary restoration plan under the Water Resources Development Act of 1986 for: (1) a portion of the Clover Island rivershore and a portion of the levee immediately upstream of Clover Island. (2) the rivershore immediately upstream of the portion in the city of Kennewick, Washington, to the US Route 395 bridge. (3) the levee modified in 1994 between Road 39 and the US Route 395 bridge in Franklin County, Washington. And (4) the levee between the US Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington. Directs the Secretary, subject to the receipt of necessary commitments from the non-Federal interests, to complete a modification report for each project.","title":"To amend the Wild and Scenic Rivers Act to designate a portion of the Columbia River as a recreational river, and for other purposes.","text_len":16100,"sum_len":1957} {"bill_id":"108_s2575","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sudden Oak Death Syndrome Control \nAct of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) tan oak, coast live oak, Shreve's oak, and black oak \n trees are among the most beloved features of the topography of \n California and the Pacific Northwest and efforts should be made \n to protect those trees from disease;\n (2) the die-off of those trees, as a result of the exotic \n fungal pathogen Phytophthora ramorum, is approaching epidemic \n proportions;\n (3) native plants and forests must be protected from \n Phytophthora ramorum;\n (4) more information is needed on--\n (A) Phytophthora ramorum, including the existence \n of Phytophthora ramorum throughout the United States; \n and\n (B) sudden oak death syndrome, including--\n (i) the causes;\n (ii) the methods of transmittal; and\n (iii) the best methods of treatment;\n (5) the host list for Phytophthora ramorum includes 60 \n plant species in 32 genera, including--\n (A) some of the most popular and economically \n important landscape and garden plants in the United \n States; and\n (B) wild huckleberry plants, potentially \n endangering the commercial blueberry and cranberry \n industries;\n (6) sudden oak death syndrome threatens to create major \n economic and environmental problems in California, the Pacific \n Northwest, and other regions, including--\n (A) the increased threat of fire and fallen trees;\n (B) the cost of tree removal and a reduction in \n property values; and\n (C) loss of revenue due to--\n (i) restrictions on the movement of forest \n products and nursery stock; and\n (ii) the impact on the commercial nursery \n and small fruit industries;\n (7) in 2002, the Secretary of Agriculture imposed a \n quarantine on the exportation from 10 counties in northern \n California and Curry County, Oregon, of oak trees and nursery \n plants that serve as hosts for Phytophthora ramorum;\n (8) on April 9, 2004, after the discovery of Phytophthora \n ramorum in 2 nurseries in southern California--\n (A) restrictions were placed on the interstate \n movement of species that could potentially serve as \n hosts to Phytophthora ramorum; and\n (B) new restrictions were implemented on the \n interstate movement of host plants and potential host \n plants from all commercial nurseries in the State of \n California that are outside the 10 quarantined \n counties;\n (9) on April 22, 2004, the restrictions referred to in \n paragraph (8)(B) were expanded to include--\n (A) all plants in the same genus as host and \n potential host plants; and\n (B) plants growing within 10 meters of a host or \n potential host plant; and\n (10) several States and Canada have placed restrictions on \n the importation of nursery plants from California.\n\nSEC. 3. RESEARCH, MONITORING, AND REGULATION OF SUDDEN OAK DEATH \n SYNDROME.\n\n (a) In General.--The Secretary of Agriculture (referred to in this \nAct as the ``Secretary'') shall carry out a sudden oak death syndrome \nresearch, monitoring, and regulation program to develop methods to \ncontrol, manage, or eradicate sudden oak death syndrome from--\n (1) trees and shrubs on both public and private land; and\n (2) host plants and potential host plants from commercial \n nurseries.\n (b) Research, Monitoring, and Regulation Activities.--In carrying \nout the program under subsection (a), the Secretary may--\n (1) conduct open space, roadside, and aerial surveys;\n (2) provide monitoring technique workshops with respect \n to--\n (A) Phytophthora ramorum in wildland and urban \n areas; and\n (B) Phytophthora ramorum infestations in nurseries;\n (3) conduct a comprehensive and biologically sound national \n survey of forests, plant nurseries, and landscapes that may \n have been exposed to Phytophthora ramorum, with priority given \n to surveying and inspecting plants at commercial nurseries and \n adjacent wildlands throughout the United States;\n (4) develop a comprehensive risk assessment of the threat \n posed by Phytophthora ramorum to natural and managed plant \n resources in the United States, including modes of transmission \n and the risk of infestation;\n (5) conduct a study of a representative sample of nursery \n plants imported into the United States from Europe, where \n Phytophthora ramorum is known to be found;\n (6) develop baseline information on the distribution, \n condition, and mortality rates of oaks with Phytophthora \n ramorum infestation;\n (7) maintain a geographic information system database of \n Phytophthora ramorum occurrences;\n (8) conduct research on Phytophthora ramorum ecology, \n pathology, and management in wildland, urban, and nursery \n settings;\n (9) evaluate the susceptibility of oak and other vulnerable \n species in the United States, with priority given to evaluating \n the susceptibility of commercially important nursery species;\n (10) conduct assessments of trees that could pose a hazard \n due to infestation of Phytophthora ramorum; and\n (11) provide diagnostic services.\n\nSEC. 4. MANAGEMENT, TREATMENT, AND FIRE PREVENTION.\n\n (a) In General.--The Secretary shall conduct sudden oak death \nsyndrome management, treatment, and fire prevention activities.\n (b) Management, Treatment, and Fire Prevention Activities.--In \ncarrying out subsection (a), the Secretary shall--\n (1) carry out activities to reduce the threat of fire and \n fallen trees killed by sudden oak death syndrome;\n (2) increase and improve firefighting and emergency \n response capabilities in areas where fire hazard has increased \n due to tree die-off;\n (3) treat vegetation to prevent fire in areas heavily \n infected with sudden oak death syndrome; and\n (4) provide grants to local units of government for hazard \n tree removal, disposal and recycling, assessment and management \n of restoration and mitigation projects, green waste treatment \n facilities, reforestation, and resistant tree breeding.\n\nSEC. 5. EDUCATION AND OUTREACH.\n\n (a) In General.--The Secretary shall conduct education and outreach \nactivities to make information available to the public on sudden death \noak syndrome.\n (b) Education and Outreach Activities.--In carrying out subsection \n(a), the Secretary may--\n (1) develop and distribute educational materials for \n homeowners, arborists, urban foresters, park managers, public \n works personnel, recreationists, nursery workers, landscapers, \n naturists, firefighting personnel, and other individuals, as \n the Secretary determines appropriate;\n (2) design and maintain a website to provide information on \n sudden oak death syndrome; and\n (3) provide financial and technical support to States, \n local governments, and nonprofit organizations providing \n information on sudden oak death syndrome.\n\nSEC. 6. INTERGOVERNMENTAL COMMUNICATION.\n\n (a) Sense of Congress.--It is the sense of Congress that close \ncommunication between the affected agencies at all levels of government \nis required for the programs authorized under this Act to be effective.\n (b) Regular Meetings or Consultations.--\n (1) In general.--In accordance with section 204(a) of the \n Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(a)), the \n Secretary shall convene regular meetings of, or conduct regular \n consultations with, Federal, State, tribal, and local \n government officials for the purpose of providing a means of \n exchanging information and recommendations on how to carry out \n this Act effectively.\n (2) Requirements.--Meetings or consultations conducted \n under paragraph (1) shall--\n (A) be conducted in a manner that ensures that the \n various regions of the United States are represented; \n and\n (B) include--\n (i) representatives from the Animal and \n Plant Health Inspection Service;\n (ii) representatives from the Agriculture \n Research Service;\n (iii) representatives from the Cooperative \n State Research, Education, and Extension \n Service;\n (iv) representatives from the Forest \n Service;\n (v) representatives from State forester \n offices; and\n (vi) State representatives from the \n National Plant Board.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated for each of fiscal years \n2005 through 2009--\n (1) to carry out section 3, $25,000,000;\n (2) to carry out section 4, $18,500,000; and\n (3) to carry out section 5, $700,000.\n\n Passed the Senate December 8, 2004.\n\n Attest:\n\n Secretary.\n108th CONGRESS\n\n 2d Session\n\n S. 2575\n\n_______________________________________________________________________\n\n AN ACT\n\nTo direct the Secretary of Agriculture to conduct research, monitoring, \n management, treatment, and outreach activities relating to sudden oak \n death syndrome and to convene regular meetings of, or conduct regular \n consultations with, Federal, State, tribal, and local government \n officials to provide recommendations on how to carry out those \n activities.","summary":"Sudden Oak Death Syndrome Control Act of 2004 - Directs the Secretary of Agriculture to carry out a sudden oak death syndrome research, monitoring, and regulation program to control or eradicate sudden oak death syndrome from: (1) trees and shrubs on public and private land. And (2) host and potential host plants from commercial nurseries. Authorizes the Secretary to: (1) conduct open space, roadside, and aerial surveys, (2) provide monitoring workshops. (3) conduct a national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, and develop a related risk assessment. (4) develop baseline information on infected oaks and maintain a geographic information system database of Phytophthora ramorum occurrences, (5) conduct Phytophthora ramorum research, (6) evaluate tree species susceptibility. And (7) provide diagnostic services. Directs the Secretary to conduct sudden oak death syndrome management, treatment, and fire prevention activities, including: (1) firefighting and emergency response improvements. And (2) local government grants for tree removal, disposal, and recycling, restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. Directs the Secretary to conduct outreach and education activities, including: (1) educational materials development and distribution, including a website. And (2) financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. Expresses the sense of Congress that agency communication at all governmental levels is required for program effectiveness. Directs the Secretary to meet and consult regularly with Federal, State, tribal, and local government officials to exchange program information. Authorizes appropriations for FY 2005 through 2009.","title":"A bill to direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.","text_len":10847,"sum_len":1882} {"bill_id":"104_hr1863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employment Non-Discrimination Act of \n1995''.\n\nSEC. 2. DISCRIMINATION PROHIBITED.\n\n A covered entity, in connection with employment or employment \nopportunities, shall not--\n (1) subject an individual to different standards or \n treatment on the basis of sexual orientation,\n (2) discriminate against an individual based on the sexual \n orientation of persons with whom such individual is believed to \n associate or to have associated, or\n (3) otherwise discriminate against an individual on the \n basis of sexual orientation.\n\nSEC. 3. BENEFITS.\n\n This Act does not apply to the provision of employee benefits to an \nindividual for the benefit of his or her partner.\n\nSEC. 4. NO DISPARATE IMPACT.\n\n The fact that an employment practice has a disparate impact, as the \nterm ``disparate impact'' is used in section 703(k) of the Civil Rights \nAct of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation \ndoes not establish a prima facie violation of this Act.\n\nSEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.\n\n (a) Quotas.--A covered entity shall not adopt or implement a quota \non the basis of sexual orientation.\n (b) Preferential Treatment.--A covered entity shall not give \npreferential treatment to an individual on the basis of sexual \norientation.\n\nSEC. 6. RELIGIOUS EXEMPTION.\n\n (a) In General.--Except as provided in subsection (b), this Act \nshall not apply to religious organizations.\n (b) For-Profit Activities.--This Act shall apply with respect to \nemployment and employment opportunities that relate to any employment \nposition that pertains solely to a religious organization's for-profit \nactivities subject to taxation under section 511(a) of the Internal \nRevenue Code of 1986.\n\nSEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' \n PREFERENCES.\n\n (a) Armed Forces.--(1) For purposes of this Act, the term \n``employment or employment opportunities'' does not apply to the \nrelationship between the United States and members of the Armed Forces.\n (2) As used in paragraph (1), the term ``Armed Forces'' means the \nArmy, Navy, Air Force, Marine Corps, and Coast Guard.\n (b) Veterans' Preferences.--This Act does not repeal or modify any \nFederal, State, territorial, or local law creating special rights or \npreferences for veterans.\n\nSEC. 8. ENFORCEMENT.\n\n (a) Enforcement Powers.--With respect to the administration and \nenforcement of this Act in the case of a claim alleged by an individual \nfor a violation of this Act--\n (1) the Commission shall have the same powers as the \n Commission has to administer and enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.), or\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, \n 1204),\n in the case of a claim alleged by such individual for a \n violation of such title or of section 302(a)(1) of such Act, \n respectively,\n (2) the Librarian of Congress shall have the same powers as \n the Librarian of Congress has to administer and enforce title \n VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) \n in the case of a claim alleged by such individual for a \n violation of such title,\n (3) the Board (as defined in section 101 of the \n Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n Stat. 3) shall have the same powers as the Board has to \n administer and enforce the Congressional Accountability Act of \n 1995 in the case of a claim alleged by such individual for a \n violation of section 201(a)(1) of such Act,\n (4) the Attorney General of the United States shall have \n the same powers as the Attorney General has to administer and \n enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.), or\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, \n 1204),\n in the case of a claim alleged by such individual for a \n violation of such title or of section 302(a)(1) of such Act, \n respectively, and\n (5) the courts of the United States shall have the same \n jurisdiction and powers as such courts have to enforce--\n (A) title VII of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e et seq.) in the case of a claim alleged by \n such individual for a violation of such title,\n (B) sections 302, 303, and 304 of the Government \n Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) \n in the case of a claim alleged by such individual for a \n violation of section 302(a)(1) of such Act, and\n (C) the Congressional Accountability Act of 1995 \n (Public Law 104-1; 109 Stat. 3) in the case of a claim \n alleged by such individual for a violation of section \n 201(a)(1) of such Act.\n (b) Procedures and Remedies.--The procedures and remedies \napplicable to a claim alleged by an individual for a violation of this \nAct are--\n (1) the procedures and remedies applicable for a violation \n of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \n et seq.) in the case of a claim alleged by such individual for \n a violation of such title,\n (2) the procedures and remedies applicable for a violation \n of section 302(a)(1) of the Government Employee Rights Act of \n 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by \n such individual for a violation of such section, and\n (3) the procedures and remedies applicable for a violation \n of section 201(a)(1) of Congressional Accountability Act of \n 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim \n alleged by such individual for a violation of such section.\n (c) Other Applicable Provisions.--With respect to claims alleged by \ncovered employees (as defined in section 101 of the Congressional \nAccountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for \nviolations of this Act, title III of the Congressional Accountability \nAct of 1995 shall apply in the same manner as such title applies with \nrespect to a claims alleged by such covered employees for violations of \nsection 201(a)(1) of such Act.\n\nSEC. 9. STATE AND FEDERAL IMMUNITY.\n\n (a) State Immunity.--A State shall not be immune under the eleventh \narticle of amendment to the Constitution of the United States from an \naction in a Federal court of competent jurisdiction for a violation of \nthis Act. In an action against a State for a violation of this Act, \nremedies (including remedies at law and in equity) are available for \nthe violation to the same extent as such remedies are available in an \naction against any public or private entity other than a State.\n (b) Liability of the United States.--The United States shall be \nliable for all remedies (excluding punitive damages) under this Act to \nthe same extent as a private person and shall be liable to the same \nextent as a nonpublic party for interest to compensate for delay in \npayment.\n\nSEC. 10. ATTORNEYS' FEES.\n\n In any action or administrative proceeding commenced pursuant to \nthis Act, the court or the Commission, in its discretion, may allow the \nprevailing party, other than the United States, a reasonable attorney's \nfee, including expert fees and other litigation expenses, and costs. \nThe United States shall be liable for the foregoing the same as a \nprivate person.\n\nSEC. 11. RETALIATION AND COERCION PROHIBITED.\n\n (a) Retaliation.--A covered entity shall not discriminate against \nan individual because such individual opposed any act or practice \nprohibited by this Act or because such individual made a charge, \nassisted, testified, or participated in any manner in an investigation, \nproceeding, or hearing under this Act.\n (b) Coercion.--A person shall not coerce, intimidate, threaten, or \ninterfere with any individual in the exercise or enjoyment of, or on \naccount of his or her having exercised, enjoyed, assisted, or \nencouraged the exercise or enjoyment of, any right granted or protected \nby this Act.\n\nSEC. 12. POSTING NOTICES.\n\n A covered entity shall post notices for employees, applicants for \nemployment, and members describing the applicable provisions of this \nAct in the manner prescribed by, and subject to the penalty provided \nunder, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-\n10).\n\nSEC. 13. REGULATIONS.\n\n The Commission shall have authority to issue regulations to carry \nout this Act.\nSEC. 14. RELATIONSHIP TO OTHER LAWS.\n\n This Act shall not invalidate or limit the rights, remedies, or \nprocedures available to an individual claiming discrimination \nprohibited under any other Federal law or any law of a State or \npolitical subdivision of a State.\n\nSEC. 15. SEVERABILITY.\n\n If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be invalid, the remainder of \nthis Act and the application of such provision to other persons or \ncircumstances shall not be affected thereby.\n\nSEC. 16. EFFECTIVE DATE.\n\n This Act shall take effect 60 days after the date of the enactment \nof this Act and shall not apply to conduct occurring before such \neffective date.\n\nSEC. 17. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``Commission'' means the Equal Employment \n Opportunity Commission.\n (2) The term ``covered entity'' means an employer, \n employment agency, labor organization, joint labor management \n committee, an entity to which section 717(a) of the Civil \n Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing \n authority to which section 302(a)(1) of the Government Employee \n Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an \n employing authority to which section 201(a) of the \n Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n Stat. 3) applies.\n (3) The term ``employer'' has the meaning given such term \n in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(b)).\n (4) The term ``employment agency'' has the meaning given \n such term in section 701(c) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(c)).\n (5) The term ``employment or employment opportunities'' \n includes job application procedures, hiring, advancement, \n discharge, compensation, job training, or any other term, \n condition, or privilege of employment.\n (6) The term ``labor organization'' has the meaning given \n such term in section 701(d) of the Civil Rights Act of 1964 (42 \n U.S.C. 2000e(d)).\n (7) The term ``person'' has the meaning given such term in \n section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(a)).\n (8) The term ``religious organization'' means--\n (A) a religious corporation, association, or \n society, or\n (B) a college, school, university, or other \n educational institution, not otherwise a religious \n organization, if--\n (i) it is in whole or substantial part \n controlled, managed, owned, or supported by a \n religious corporation, association, or society, \n or\n (ii) its curriculum is directed toward the \n propagation of a particular religion.\n (9) The term ``sexual orientation'' means homosexuality, \n bisexuality, or heterosexuality, whether such orientation is \n real or perceived.\n (10) The term ``State'' has the meaning given such term in \n section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e(i)).","summary":"Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner. And (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations, (2) the armed forces. Or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.","title":"Employment Non-Discrimination Act of 1995","text_len":12422,"sum_len":975} {"bill_id":"114_s2617","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mapping a New and Innovative Focus \non Our Exploration Strategy for Human Spaceflight Act of 2016'' or the \n``MANIFEST for Human Spaceflight Act of 2016''.\n\nSEC. 2. REAFFIRMATION OF POLICY AND FINDINGS.\n\n (a) Reaffirmation of Policy.--Congress reaffirms that the long-term \ngoal of the human space flight and exploration efforts of the National \nAeronautics and Space Administration shall be to expand permanent human \npresence beyond low-Earth orbit and to do so, where practical, in a \nmanner involving international partners, as stated in section 202(a) of \nthe National Aeronautics and Space Administration Authorization Act of \n2010 (42 U.S.C. 18312(a)).\n (b) Findings.--Congress makes the following findings:\n (1) In accordance with section 204 of the National \n Aeronautics and Space Administration Authorization Act of 2010 \n (Public Law 111-267; 124 Stat. 2813), the National Academy of \n Sciences, through its Committee on Human Spaceflight, conducted \n a review of the goals, core capabilities, and direction of \n human space flight, and published the findings and \n recommendations in a 2014 report entitled ``Pathways to \n Exploration: Rationales and Approaches for a U.S. Program of \n Human Space Exploration''.\n (2) The Committee on Human Spaceflight included leaders \n from the aerospace, scientific, security, and policy \n communities. With input from the public, the Committee on Human \n Spaceflight concluded that many practical and aspirational \n rationales together constitute a compelling case for human \n space exploration. These rationales include economic benefits, \n national security, national prestige, inspiring students and \n other citizens, scientific discovery, human survival, and a \n sense of shared destiny.\n (3) The Committee on Human Spaceflight affirmed that Mars \n is the appropriate long-term goal for the human space flight \n program.\n (4) The Committee on Human Spaceflight recommended that the \n National Aeronautics and Space Administration define a series \n of sustainable steps and conduct mission planning and \n technology development as needed to achieve the long-term goal \n of placing humans on the surface of Mars.\n\nSEC. 3. HUMAN EXPLORATION STRATEGY.\n\n (a) Human Exploration of Mars.--Section 202(b) of the National \nAeronautics and Space Administration Authorization Act of 2010 (42 \nU.S.C. 18312(b)) is amended--\n (1) in paragraph (3), by striking ``and'' at the end;\n (2) in paragraph (4), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(5) to achieve human exploration of Mars, including the \n establishment of a capability to extend human presence to the \n surface of Mars.''.\n (b) Exploration Strategy.--\n (1) In general.--In accordance with this subsection, the \n Administrator of the National Aeronautics and Space \n Administration shall submit an interim report and final report \n setting forth a strategy to achieve the objective in paragraph \n (5) of section 202(b) of the National Aeronautics and Space \n Administration Authorization Act of 2010, as amended by \n subsection (a) of this section, through a series of successive, \n sustainable, free-standing, but complementary missions making \n robust utilization of cis-lunar space and employing the Space \n Launch System, Orion crew capsule, and other capabilities \n provided under titles III, IV, V, and IX of that Act (42 U.S.C. \n 18301 et seq.).\n (2) Strategy requirements.--In developing the strategy \n under paragraph (1), the Administrator shall include--\n (A) the utility of an expanded human presence in \n cis-lunar space toward enabling missions to various \n lunar orbits, the lunar surface, asteroids, Mars, the \n moons of Mars, and other destinations of interest for \n future human exploration and development;\n (B) the utility of an expanded human presence in \n cis-lunar space for economic, scientific, and \n technological advances;\n (C) the opportunities for collaboration with--\n (i) international partners;\n (ii) private industry; and\n (iii) other Federal agencies, including \n missions relevant to national security or \n scientific needs;\n (D) the opportunities specifically afforded by the \n International Space Station (ISS) to support high \n priority scientific research and technological \n developments useful in expanding and sustaining a human \n presence in cis-lunar space and beyond;\n (E) a range of exploration mission architectures \n and approaches for the missions identified under \n paragraph (1), including capabilities for the Orion \n crew capsule and the Space Launch System;\n (F) a comparison of architectures and approaches \n based on--\n (i) assessed value of factors including \n cost effectiveness, schedule resiliency, \n safety, sustainability, and opportunities for \n international collaboration;\n (ii) the extent to which certain \n architectures and approaches may enable new \n markets and opportunities for United States \n private industry, provide compelling \n opportunities for scientific discovery and \n technological excellence, sustain United States \n competitiveness and leadership, and address \n critical national security considerations and \n requirements; and\n (iii) the flexibility of such architectures \n and approaches to adjust to evolving \n technologies, partners, priorities, and budget \n projections and constraints;\n (G) measures for setting standards for ensuring \n crew health and safety, including limits regarding \n radiation exposure and countermeasures necessary to \n meet those limits, means and methods for addressing \n urgent medical conditions or injuries, and other such \n safety, health, and medical issues that can be \n anticipated in the conduct of the missions identified \n under paragraph (1);\n (H) a description of crew training needs and \n capabilities (including space suits and life support \n systems) necessary to support the conduct of missions \n identified under paragraph (1);\n (I) a detailed plan for prioritizing and phasing \n near-term intermediate destinations and missions \n identified under paragraph (1);\n (J) an assessment of the recommendations of the \n report prepared in compliance with section 204 of the \n National Aeronautics and Space Administration \n Authorization Act of 2010 (Public Law 111-267; 124 \n Stat. 2813), including a detailed explanation of how \n the Administrator has ensured such recommendations have \n been, to the extent practicable, incorporated into the \n strategy under paragraph (1); and\n (K) technical information as needed to identify \n interest from potential stakeholder or partner \n communities.\n (3) Independent review.--\n (A) In general.--The Administrator shall enter into \n an arrangement with the National Academy of Sciences to \n review and comment on each interim report pursuant to \n paragraph (1). Under the arrangement, the National \n Academy of Sciences shall review each interim report on \n the strategy described in paragraph (1) and identify \n the following:\n (i) Matters in such interim report agreed \n upon by the National Academy of Sciences.\n (ii) Matters in such interim report raising \n concerns for the National Academy of Sciences.\n (iii) Such further recommendations with \n respect to matters covered by such interim \n report as the National Academy of Sciences \n considers appropriate.\n (B) Timing of review and comment.--The \n Administrator shall ensure that the review and comment \n on an interim report provided for pursuant to \n subparagraph (A) is conducted in a timely manner to \n comply with the requirements of this subsection and, to \n the maximum extent practicable, to facilitate the \n incorporation of the comments of the National Academy \n of Sciences pursuant to subparagraph (A) into the \n applicable final report required by this subsection.\n (4) Deadlines.--\n (A) Interim reports.--Not later than 90 days after \n the date of the enactment of this Act, and not less \n than every five years thereafter, the Administrator \n shall submit to the National Academy of Sciences an \n interim report on the strategy required by paragraph \n (1) in order to facilitate the independent review and \n comment on the strategy as provided for by paragraph \n (3).\n (B) Final reports.--Not later than one year after \n the date of the enactment of this Act, and not less \n than every five years thereafter, the Administrator \n shall submit to Congress a final report on the strategy \n required by paragraph (1), which shall include and \n incorporate the response of the National Academy of \n Sciences to the most recent interim report pursuant to \n paragraph (3).","summary":"Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016 or the MANIFEST for Human Spaceflight Act of 2016 This bill amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key US objective to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars. The National Aeronautics and Space Administration (NASA) shall report a strategy to achieve such objective through a series of successive, sustainable, free-standing, but complementary missions making robust use of cislunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under specified titles of the Act. NASA shall arrange with the National Academy of Sciences (NAS) to review and comment on each interim report on the strategy and identify matters the NAS agrees with and matters raising NAS concerns, as well as any NAS recommendations.","title":"MANIFEST for Human Spaceflight Act of 2016","text_len":11000,"sum_len":991} {"bill_id":"111_hr4168","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Algae-based Renewable Fuel Promotion \nAct of 2010''.\n\nSEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE \n CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.\n\n (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the \nInternal Revenue Code of 1986 is amended to read as follows:\n ``(I) is derived solely from \n qualified feedstocks, and''.\n (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of \nsection 40(b) of such Code is amended by redesignating subparagraphs \n(F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and \nby inserting after subparagraph (E) the following new subparagraphs:\n ``(F) Qualified feedstock.--For purposes of this \n paragraph, the term `qualified feedstock' means--\n ``(i) any lignocellulosic or hemicellulosic \n matter that is available on a renewable or \n recurring basis, and\n ``(ii) any cultivated algae, cyanobacteria, \n or lemna.\n ``(G) Special rules for algae.--In the case of fuel \n which is derived from feedstock described in \n subparagraph (F)(ii) and which is sold by the taxpayer \n to another person for refining by such other person \n into a fuel which meets the requirements of \n subparagraph (E)(i)(II)--\n ``(i) such sale shall be treated as \n described in subparagraph (C)(i),\n ``(ii) such fuel shall be treated as \n meeting the requirements of subparagraph \n (E)(i)(II) in the hands of such taxpayer, and\n ``(iii) except as provided in this \n subparagraph, such fuel (and any fuel derived \n from such fuel) shall not be taken into account \n under subparagraph (C) with respect to the \n taxpayer or any other person.''.\n (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus \nDepreciation for Biofuel Plant Property.--\n (1) In general.--Subparagraph (A) of section 168(l)(2) of \n such Code is amended by striking ``solely to produce cellulosic \n biofuel'' and inserting ``solely to produce second generation \n biofuel (as defined in section 40(b)(6)(E)''.\n (2) Conforming amendments.--Subsection (l) of section 168 \n of such Code is amended--\n (A) by striking ``cellulosic biofuel'' each place \n it appears in the text thereof and inserting ``second \n generation biofuel'',\n (B) by striking paragraph (3) and redesignating \n paragraphs (4) through (8) as paragraphs (3) through \n (7), respectively,\n (C) by striking ``Cellulosic'' in the heading of \n such subsection and inserting ``Second Generation'', \n and\n (D) by striking ``cellulosic'' in the heading of \n paragraph (2) and inserting ``second generation''.\n (d) Conforming Amendments.--\n (1) Section 40 of such Code, as amended by subsection (b), \n is amended--\n (A) by striking ``cellulosic biofuel'' each place \n it appears in the text thereof and inserting ``second \n generation biofuel'',\n (B) by striking ``Cellulosic'' in the headings of \n subsections (b)(6), (b)(6)(E), and (d)(3)(D) and \n inserting ``Second generation'', and\n (C) by striking ``cellulosic'' in the headings of \n subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), \n and (e)(3) and inserting ``second generation''.\n (2) Clause (ii) of section 40(b)(6)(E) of such Code is \n amended by striking ``Such term shall not'' and inserting ``The \n term `second generation biofuel' shall not''.\n (3) Paragraph (1) of section 4101(a) of such Code is \n amended by striking ``cellulosic biofuel'' and inserting \n ``second generation biofuel''.\n (e) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to fuels sold or \n used after the date of the enactment of this Act.\n (2) Application to bonus depreciation.--The amendments made \n by subsection (c) shall apply to property placed in service \n after the date of the enactment of this Act.\n\nSEC. 3. PAYGO COMPLIANCE.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n Passed the House of Representatives September 28, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Algae-based Renewable Fuel Promotion Act of 2010 - Amends the Internal Revenue Code to modify the definition of cellulosic biofuel for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel which is derived solely from qualified feedstocks. Defines qualified feedstocks as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.","title":"To amend the Internal Revenue Code of 1986 to expand the definition of cellulosic biofuel to include algae-based biofuel for purposes of the cellulosic biofuel producer credit and the special allowance for cellulosic biofuel plant property.","text_len":5542,"sum_len":590} {"bill_id":"105_s902","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prostate Testing Full Information \nAct''.\n\nSEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.\n\n (a) Requirement.--If a covered physician, during a physical \nexamination, examines the prostate gland of a patient, the physician \nshall provide information to the patient concerning the availability of \nappropriate diagnostic procedures, including the prostate antigen test, \nif any of the following conditions are present:\n (1) The patient is over 50 years of age.\n (2) The patient manifests clinical symptomatology.\n (3) The patient is at an increased risk of prostate cancer.\n (4) The provision of the information to the patient is \n medically necessary, in the opinion of the physician.\n (b) Enforcement.--The Secretary of Health and Human Services shall \npromulgate regulations that--\n (1) require the reporting of covered physicians that \n violate subsection (a) to the Secretary; and\n (2) provide for the application of sanctions to enforce the \n provisions of subsection (a).\n (c) Definition.--In this section, the term ``covered physician'' \nmeans a physician as defined in section 1861(r) of the Social Security \nAct (42 U.S.C. 1395x(r)) who has received any Federal payment or \nassistance under any program under--\n (1) the Public Health Service Act (42 U.S.C. 201 et seq.); \n or\n (2) the Social Security Act (42 U.S.C. 301 et seq.).\n\nSEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF \n 1974.\n\n (a) In General.--Subpart B of part 7 of subtitle B of title I of \nthe Employee Retirement Income Security Act of 1974 (as added by \nsection 603(a) of the Newborns' and Mothers' Health Protection Act of \n1996 and amended by section 702(a) of the Mental Health Parity Act of \n1996) is amended by adding at the end the following:\n\n``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n ``(a) Requirement.--If a physician, during a physical examination, \nexamines the prostate gland of a patient, the physician shall provide \ninformation to the patient concerning the availability of appropriate \ndiagnostic procedures, including the prostate antigen test, if any of \nthe following conditions are present:\n ``(1) The patient is over 50 years of age.\n ``(2) The patient manifests clinical symptomatology.\n ``(3) The patient is at an increased risk of prostate \n cancer, as determined pursuant to regulations promulgated by \n the Secretary of Health and Human Services.\n ``(4) The provision of the information to the patient is \n medically necessary, in the opinion of the physician.\n ``(b) Prohibition on Limitation.--The provision of information in \naccordance with subsection (a) may not be prohibited under the terms \nof--\n ``(1) any written contract or written agreement between the \n physician and any group health plan, any health insurance \n issuer providing health insurance coverage in connection with a \n group health plan, or any related party with respect to a group \n health plan; or\n ``(2) any written statement from the plan, issuer, or \n related party to the physician.\n ``(c) Rule of Construction.--Nothing in this section shall be \nconstrued as requiring a group health plan or a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan to provide coverage for prostate specific antigen tests.\n ``(d) Definition.--In this section, the term `physician' has the \nmeaning given such term in section 1861(r) of the Social Security Act \n(42 U.S.C. 1395x(r)).''.\n (b) Clerical Amendment.--The table of contents in section 1 of such \nAct, as amended by section 603 of the Newborns' and Mothers' Health \nProtection Act of 1996 and section 702 of the Mental Health Parity Act \nof 1996, is amended by inserting after the item relating to section 712 \nthe following new item:\n\n``Sec. 713. Requirement relating to prostate specific antigen test.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to plan years beginning on or after January 1, 1998.\n\nSEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE \n GROUP MARKET.\n\n (a) In General.--Subpart 2 of part A of title XXVII of the Public \nHealth Service Act (as added by section 604(a) of the Newborns' and \nMothers' Health Protection Act of 1996 and amended by section 703(a) of \nthe Mental Health Parity Act of 1996) is amended by adding at the end \nthe following new section:\n\n``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n ``(a) Requirement.--If a physician, during a physical examination, \nexamines the prostate gland of a patient, the physician shall provide \ninformation to the patient concerning the availability of appropriate \ndiagnostic procedures, including the prostate antigen test, if any of \nthe following conditions are present:\n ``(1) The patient is over 50 years of age.\n ``(2) The patient manifests clinical symptomatology.\n ``(3) The patient is at an increased risk of prostate \n cancer, as determined pursuant to regulations promulgated by \n the Secretary of Health and Human Services.\n ``(4) The provision of the information to the patient is \n medically necessary, in the opinion of the physician.\n ``(b) Prohibition on Limitation.--The provision of information in \naccordance with subsection (a) may not be prohibited under the terms \nof--\n ``(1) any written contract or written agreement between the \n physician and any group health plan, any health insurance \n issuer providing health insurance coverage in connection with a \n group health plan, or any related party with respect to a group \n health plan; or\n ``(2) any written statement from the plan, issuer, or \n related party to the physician.\n ``(c) Rule of Construction.--Nothing in this section shall be \nconstrued as requiring a group health plan or a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan to provide coverage for prostate specific antigen tests.\n ``(d) Definition.--In this section, the term `physician' has the \nmeaning given such term in section 1861(r) of the Social Security Act \n(42 U.S.C. 1395x(r)).''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to group health plans for plan years beginning on or \nafter January 1, 1998.\n\nSEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE \n INDIVIDUAL MARKET.\n\n (a) In General.--Subpart 3 of part B of title XXVII of the Public \nHealth Service Act (as added by section 605(a) of the Newborn's and \nMother's Health Protection Act of 1996) is amended by adding at the end \nthe following new section:\n\n``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n ``The provisions of section 2706 shall apply to health insurance \ncoverage offered by a health insurance issuer in the individual market \nin the same manner as they apply to health insurance coverage offered \nby a health insurance issuer in connection with a group health plan in \nthe small or large group market.''.\n (b) Effective Date.--The amendment made by this section shall apply \nwith respect to health insurance coverage offered, sold, issued, \nrenewed, in effect, or operated in the individual market on or after \nJanuary 1, 1998.\n\nSEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN \n PROGRAMS OF THE PUBLIC HEALTH SERVICE.\n\n (a) National Institutes of Health.--Section 417B(c) of the Public \nHealth Service Act (42 U.S.C. 286a-8(c)) is amended in the first \nsentence by striking ``$72,000,000'' and all that follows and inserting \nthe following: ``$90,250,000 for fiscal year 1998, $108,500,000 for \nfiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 \nfor fiscal year 2001.''.\n (b) Agency for Health Care Policy and Research.--Section 902 of the \nPublic Health Service Act (42 U.S.C. 299a) is amended by adding at the \nend the following:\n ``(f) Activities Regarding Prostate Cancer.--The Administrator \nshall, with respect to prostate cancer--\n ``(1) conduct and support research on the outcomes, \n effectiveness, and appropriateness of health services and \n procedures; and\n ``(2) in carrying out section 912(a), provide for the \n development, periodic review, and updating of clinically \n relevant guidelines, standards of quality, performance \n measures, and medical review criteria.''.","summary":"Prostate Testing Full Information Act - Requires any physician who has received any Federal payment or assistance under any program under the Public Health Service Act or the Social Security Act, if the physician examines a patient's prostate gland, to provide information on appropriate diagnostic procedures, including the prostate antigen test, if: (1) the patient is over 50, manifests clinical symptoms, or is at increased risk of prostate cancer. Or (2) the provision of the information is, in the opinion of the physician, medically necessary. Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to impose the same requirement as above and to declare that such information may not be prohibited under the terms of: (1) any agreement between the physician and any group health plan, insurance issuer providing group health coverage, or related party. Or (2) any written statement from the plan, issuer, or related party. Amends the Public Health Service Act to declare that such information may not be prohibited under those terms by an issuer in the individual market. Authorizes appropriations to carry out provisions relating to National Cancer Institute prostate cancer research. Requires the Agency for Health Care Policy and Research, with regard to prostate cancer, to: (1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures. And (2) in carrying out provisions relating to the Forum for Quality and Effectiveness in Health Care, provide for the development, review, and updating of clinically relevant guidelines, quality standards, performance measures, and medical review criteria.","title":"Prostate Testing Full Information Act","text_len":8854,"sum_len":1701} {"bill_id":"106_hr1452","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State and Local Government Economic \nEmpowerment Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress hereby finds the following:\n (1) As of the date of the enactment of this Act, money is \n principally created in the domestic economy by banks through \n the process known as ``deposit expansion'' under which credit \n is extended by banks to customers in exchange for the \n assumption of an obligation by each customer to repay the \n amount of any such credit with interest.\n (2) The creation of money through the extension of credit \n and creation of debt, a traditional banking function, preceded \n the establishment by the Congress of, first, the national \n banking system and, subsequently, the Federal Reserve System.\n (3) The constitutional authority to create and regulate \n money does not limit the Federal Government to creating money \n through the production of coins or currency or the process of \n debt creation but, except for a brief period during the \n administration of President Lincoln, the Federal Government has \n not exercised such authority more broadly.\n (4) The creation of money by the banks in conjunction with \n the Federal reserve banks does not limit the constitutional \n authority of the Congress to create Government credit funds in \n the form of noninterest bearing credit to fund a legislatively \n approved program or prevent the Congress from creating such \n funds.\n (5) The creation of noninterest-bearing government credit \n funds in measured or limited increments for the purpose of \n funding capital and environmental projects in the public \n interest--\n (A) will allow projects to be built for \\1\/2\\ to \n \\1\/3\\ the normal cost; and\n (B) will allow more necessary projects to be built \n at a lower cost to the taxpayers and at the same time \n build additional wealth in the communities where such \n projects are located.\n\nSEC. 3. CREATION OF MONEY.\n\n (a) In General.--Pursuant to the exercise by the Congress of the \nauthority contained in the 5th clause of section 8 of Article I of the \nConstitution, the Secretary of the Treasury shall have money available \nfor purposes of this Act in an amount equal to the product of--\n (1) the population of the United States, as determined by \n the Secretary of Commerce on the basis of the 1990 census; and\n (2) $1,400.\n (b) Loan Agreement.--The money referred to in section 3(a) shall be \ncreated by having the Secretary of the Treasury and the Board of \nGovernors of the Federal Reserve System enter into a Loan Agreement in \naccordance with the following requirements:\n (1) The Board shall lend the United States Treasury an \n amount up to a total of $360,000,000,000 at the rate of not \n more than $72,000,000,000 per annum (on a cumulative basis) in \n each of the 5 years commencing 60 days after the date of the \n enactment of this Act.\n (2) The Secretary of the Treasury shall pay an annual fee \n to the Board (the amount to be negotiated between the Secretary \n and the Board) to cover the administrative costs the Board \n incurs in acting as the agent of the Administrator appointed \n under section 4(b). The amount of this administration fee each \n year shall be charged to the recipients of the noninterest \n bearing loans made to them during the year pursuant to section \n 7(e), pro rata to the amount of such loans.\n (c) Exercise of Sovereign Capacity to Create Money.--\n (1) In general.--Any amount made available pursuant to this \n Act shall be treated as money created in the sovereign and \n exclusive capacity of the United States, in accordance with the \n Constitution, to create money.\n (2) Expenditure of tax revenue or borrowed funds not \n authorized.--No provision of this Act shall be construed as \n authorizing the expenditure of funds derived from revenues \n imposed and collected by the United States Government under any \n provision of law or from amounts borrowed by the United States \n Government pursuant to chapter 31 of title 31, United States \n Code, or any other provision of law.\n (d) Budget Treatment.--\n (1) Nonapplicability of provisions applicable to receipt \n and expenditures of revenue and borrowed funds.--For purposes \n of title 31, United States Code, the Congressional Budget and \n Impoundment Control Act of 1974, the Balanced Budget and \n Emergency Deficit Control Act of 1985, the Budget Enforcement \n Act of 1990, or any other provision of law--\n (A) money created under this section shall not be \n treated as revenue when it is created or made available \n to the Administrator under section 4(b) nor shall it be \n treated as revenue by the Administrator or by the \n Secretary of the Treasury when the loans referred to in \n section 6 are repaid;\n (B) the money created under this section and the \n interest-free loan program established under section \n 6--\n (i) shall not be treated as budget \n authority, new budget authority, budgetary \n resources, spending authority, new spending \n authority, entitlement authority, or credit \n authority;\n (ii) shall not be subject to apportionment \n or sequestration other than in accordance with \n the provisions of sections 4, 5, and 6; and\n (iii) shall not be taken into account in \n the determination of the baseline for any \n fiscal year; and\n (C) the disbursement of money created under this \n section shall not be treated as an outlay or a budget \n outlay.\n (e) Bank Reserve Requirements.--No provision of this Act shall be \nconstrued as affecting any authority of the Board to adjust bank \nreserve requirements, as appropriate.\n\nSEC. 4. ADMINISTRATION OF THE ACT.\n\n (a) In General.--The Administrator of this Act shall be under the \nDepartment of the Treasury.\n (b) Management.--An Administrator shall be appointed by, and \naccountable to, the Secretary of the Treasury.\n (c) Duties of Administrator.--\n (1) In general.--The Administrator shall be solely \n responsible for disbursing, pursuant to section 6, funds \n created under this Act and otherwise carrying out the duties \n imposed under this Act.\n (2) Appointment of agent.--The Administrator may appoint \n the Board or any Federal reserve bank as an agent of the \n Administrator to perform such duties of the Administrator under \n this Act that the Administrator sees fit to delegate to the \n Board or any such bank.\n (d) United States Government General Checking Account.--\n (1) Deposit.--Checks drawn on the money created under \n section 3 shall be deposited to the credit of the United States \n Government in a United States Government general checking \n account at a Federal reserve bank.\n (2) Disbursements from account.--All disbursements of loans \n under section 6 shall be made with United States Government \n checks from the account referred to in paragraph (1).\n (e) Loan Repayment Account.--The Administrator shall establish and \nmaintain a separate checking account in a Federal reserve bank for the \ndeposit of any repayment of principal on loans made under section 6.\n\nSEC. 5. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE \n LOANS.\n\n (a) In General.--Subject to subsection (b), each State, county, \ntownship, incorporated municipality, school district, and Indian tribe \nshall be entitled to obtain a loan from the Administrator in accordance \nwith section 6, unless such unit of government is delinquent in \nrepaying a prior loan.\n (b) Maximum Amount Limitation.--The total amount of money to which \nany entity described in subsection (a) is eligible to borrow under this \nsection shall not exceed the amount equal to the product of--\n (1) the resident population, as determined by the Secretary \n of Commerce on the basis of the 1990 census, of the geographic \n territory over which the entity has jurisdiction (or, in the \n case of a school district, the latest official enrollment \n figures as reported to the State in which the school district \n resides); and\n (2) the amount equal to--\n (A) in the case of a State, $200;\n (B) in the case of a county (as defined in section \n 2 of title 1, United States Code), $100; if the State \n has no township form of government, this amount shall \n be $200;\n (C) in the case of an incorporated municipality, \n $600;\n (D) in the case of any township, $100;\n (E) in the case of any school district, $2,400; and\n (F) in the case of an Indian tribe, $1,000.\n\nSEC. 6. ISSUANCE OF INTEREST-FREE LOANS.\n\n Subject to sections 5(b) and 7, the Administrator shall issue an \ninterest-free loan from the money created under section 3 to any \ngovernment unit described in section 5(a) if the Administrator obtains \nsuch assurances as the Administrator determines to be appropriate from \nthe unit that--\n (1) the proceeds of such loan will be used solely for the \n purpose of--\n (A) funding capital projects of the governmental \n unit, including the construction of or improvements \n to--\n (i) school facilities;\n (ii) streets, highways, bridges, and \n tunnels;\n (iii) water and sewer systems;\n (iv) waste disposal systems;\n (v) public housing facilities;\n (vi) public buildings and other public \n facilities; and\n (vii) environmental facilities; or\n (B) the cleanup of toxic waste sites or other \n environmental improvements.\n\nSEC. 7. ADMINISTRATIVE PROVISIONS.\n\n (a) Disbursement Requirements.--Loans made under section 6 shall be \ndisbursed by the Administrator--\n (1) in a lump sum for the full amount of the loan; or\n (2) if the Administrator determines that partial \n disbursements are appropriate in the case of loans for \n construction projects in order to accommodate a greater number \n of loan requests, over the construction period of the project.\n (b) Minimum Phase-In Period.--Disbursements on all eligible loans \napproved under section 6 shall begin before the end of the 5-year \nperiod beginning on the date of the enactment of this Act.\n (c) Period to Maturity.--The period to maturity of any loan made \nunder section 6 shall be the estimated number of years of the useful \nlife of the infrastructure installation (if any) which is financed by \nthe loan, but, in any case, shall be a minimum of 10 years and a \nmaximum of 30 years.\n (d) Applicability of State Law.--The number or the principal \namounts of interest-free loans made under section 6 to any governmental \nunit established by a State, or the period to maturity of any such \nloan, may not exceed the maximum number, amount, or period to maturity \nestablished under the law of such State, unless the State provides a \nwaiver from any such limitation with respect to any such governmental \nunit.\n (e) Administrative Fees.--The Administrator shall impose an \nadministrative fee on each recipient of a loan under section 6 in an \namount not to exceed the lesser of--\n (1) 0.25 percent of the total amount of the loan; or\n (2) the amount sufficient to cover all administrative costs \n incurred by the Administrator, including overhead, for making \n and administering that particular loan.\n (f) Terms of Repayment.--The repayment terms of any loan under \nsection 6 shall require quarterly payments by the recipient in equal \namounts determined by dividing--\n (1) the sum of the principal and the administrative fees \n applicable with respect to such loan; by\n (2) the number of calendar quarters any portion of which \n falls within the period to maturity of the loan.\n (g) Collections of Past Due Amounts and Collection Fees.--\n (1) Enforced collections.--The Administrator shall take \n action to enforce collection of past due amounts of any loan on \n which 4 or more quarterly payments are due and payable.\n (2) Impoundment of delinquent amount.--In the case of any \n delinquent loan described in paragraph (1), the Administrator \n may seek an order from any district court of the United States \n of appropriate jurisdiction directing a United States marshall \n to impound, under authority of this section, any available \n funds of the debtor in an amount equal to the amount currently \n due as of the date of such action to reduce or eliminate the \n delinquency.\n (3) Waiver of debtor's right to defend against \n collection.--As a condition for receiving any loan under \n section 6, the recipient shall waive any right to take any \n legal action to prevent or defend against the collection by the \n Administrator of any amount which the parties agree is past \n due.\n (4) Cost of collection.--The costs incurred by the \n Administrator in collecting any amount under this subsection \n with respect to any loan shall be added to and treated as a \n part of the principal amount of the loan.\n (5) Balance of loan principal and fees payable in \n accordance with terms of loan.--A debtor who is subject to \n collection proceedings under this subsection for any delinquent \n portion of a loan under section 6 shall continue to meet the \n repayment schedule applicable to such loan for the remaining \n amount of principal and fees.\n\nSEC. 8. DISPOSITION OF FUNDS UPON REPAYMENT.\n\n The Administrator shall, at such times and in such amounts as the \nAdministrator determines to be appropriate, transfer amounts in the \nloan repayment account referred to in section 4(e) hereof to the United \nStates Government general checking account referred to in section \n4(d)(1).\n\nSEC. 9. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator appointed by the Secretary of the Treasury.\n (2) Board.--The term ``Board'' means the Board of Governors \n of the Federal Reserve System.\n (3) Indian tribe.--The term ``Indian tribe'' means any \n Indian tribe, band, pueblo, nation, or other organized group or \n community, including any Alaska Native village or regional or \n village corporation as defined in or established pursuant to \n the Alaska Native Claims Settlement Act, which is recognized as \n eligible for the special programs and services provided by the \n United States to Indians because of their status as Indians.\n (4) Secretary.--Except when used in connection with a \n reference to the Secretary of Commerce, the term ``Secretary'' \n means the Secretary of the Treasury.\n (5) State.--The term ``State'' includes the District of \n Columbia, the Commonwealth of Puerto Rico, Guam, American \n Samoa, the United States Virgin Islands, and the Northern \n Mariana Islands.","summary":"State and Local Government Economic Empowerment Act - Directs the Secretary of the Treasury to have money available for purposes of this Act in an amount equal to the product of: (1) the US population, as determined by the Secretary of Commerce on the basis of the 1990 census. And (2) $1,400. Requires that the money be created by having the Secretary and the Board of Governors of the Federal Reserve System enter into a loan agreement whereby: (1) the Board shall lend the US Treasury a sum up to $360 billion at the rate of not more than $72 billion per annum in each of the five years commencing 60 days after this Act's enactment date. And (2) the Secretary shall pay an annual fee to the Board to cover administrative costs that the Board incurs in acting as the agent of the Administrator appointed by the Secretary. Treats any amount made available pursuant to this Act as money created in the sovereign and exclusive capacity of the United States to create money. Specifies that: (1) money created under this section shall not be treated as revenue when it is created or made available to the Administrator, nor when the loans are repaid. (2) the money created and the interest-free loan program established under this Act shall not be treated as budget authority, shall not be subject to apportionment or sequestration other than in accordance with this Act, and shall not be taken into account in the determination of the baseline for any fiscal year. And (3) the disbursement of money created under this Act shall not be treated as an outlay or a budget outlay. Entitles each State, county, township, incorporated municipality, school district, and Indian tribe to obtain a loan from the Administrator, unless such governmental unit is delinquent in repaying a prior loan, subject to specified limitations. Directs the Administrator to issue an interest-free loan from the money created to any such government unit if the Administrator obtains assurances that the proceeds will be used solely for the purpose of: (1) funding capital projects of such unit, including the construction of or improvements to school facilities, streets, water and sewer systems, and public and environmental facilities. Or (2) the cleanup of toxic waste sites or other environmental improvements.","title":"State and Local Government Economic Empowerment Act","text_len":16533,"sum_len":2288} {"bill_id":"106_hr2420","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Freedom and Broadband \nDeployment Act of 1999''.\n\n SEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Internet access services are inherently interstate and \n international in nature, and should therefore not be subject to \n regulation by the States.\n (2) The imposition of regulations by the Federal \n Communications Commission and the States has impeded the rapid \n delivery of high speed Internet access services to the public, \n thereby reducing consumer choice and welfare.\n (3) The Telecommunications Act of 1996 represented a \n careful balance between the need to open up local \n telecommunications markets to competition and the need to \n increase competition in the provision of interLATA voice \n telecommunications services.\n (4) In enacting the prohibition on Bell operating company \n provision of interLATA services, Congress recognized that \n certain telecommunications services have characteristics that \n render them incompatible with the prohibition on Bell operating \n company provision of interLATA services, and exempted such \n services from the interLATA prohibition.\n (5) High speed data services and Internet access services \n constitute unique markets that are likewise incompatible with \n the prohibition on Bell operating company provision of \n interLATA services.\n (6) Since the enactment of the Telecommunications Act of \n 1996, the Federal Communications Commission has construed the \n prohibition on Bell operating company provision of interLATA \n services in a manner that has impeded the development of \n advanced telecommunications services, thereby limiting consumer \n choice and welfare.\n (7) Internet users should have choice among competing \n Internet service providers.\n (8) Internet service providers should have the right to \n interconnect with high speed data networks in order to provide \n service to Internet users.\n (b) Purposes.--It is therefore the purpose of this Act to provide \nmarket incentives for the rapid delivery of advanced telecommunications \nservices--\n (1) by deregulating high speed data services and Internet \n access services;\n (2) by clarifying that the prohibition on Bell operating \n company provision of interLATA services does not extend to the \n provision of high speed data services and Internet access \n services;\n (3) by ensuring that consumers can choose among competing \n Internet service providers; and\n (4) by ensuring that Internet service providers can \n interconnect with competitive high speed data networks in order \n to provide Internet access service to the public.\n\n SEC. 3. DEFINITIONS\n\n (a) Amendments.--Section 3 of the Communications Act of 1934 (47 \nU.S.C. 153) is amended--\n (1) by redesignating paragraph (20) as paragraph (21);\n (2) by redesignating paragraphs (21) through (52) as \n paragraphs (24) through (54), respectively;\n (3) by inserting after paragraph (19) the following new \n paragraph:\n ``(20) High speed data service.--The term `high speed data \n service' means any service that consists of or includes the \n offering of a capability to transmit, using a packet-switched \n or successor technology, information at a rate that is \n generally not less than 384 kilobits per second in at least one \n direction.'';\n (4) by inserting after paragraph (22) the following new \n paragraphs:\n ``(23) Internet.--The term ``Internet'' means collectively \n the myriad of computer and telecommunications facilities, \n including equipment and operating software, which comprise the \n interconnected world-wide network of networks that employ the \n Transmission Control Protocol\/Internet Protocol, or any \n predecessor or successor protocols to such protocol, to \n communicate information of all kinds by wire or radio.\n ``(24) Internet Access Service.--The term `Internet access \n service' means (A) a service that combines computer processing, \n information storage, protocol conversion, and routing with \n transmission to enable users to access Internet content and \n services, and (B) the transmission of such service, but does \n not include the portion of such transmission from the user to \n the provider of such service.''.\n (b) Conforming Amendments.--\n (1) Section 230(f) of the Communications Act of 1934 (47 \n U.S.C. 230(f)) is amended--\n (A) by striking paragraph (1); and\n (B) by redesignating paragraphs (2) through (4) as \n paragraphs (1) through (3), respectively.\n (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is \n amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.\n\n SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.\n\n (a) In General.--Part I of title II of the Communications Act of \n1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.\n\n ``(a) Freedom From Regulation.--Except to the extent that high \nspeed data service and Internet access service are expressly referred \nto in this Act, neither the Commission, nor any State, shall have \nauthority to regulate the rates, charges, terms, or conditions for, or \nentry into the provision of, any high speed data service or Internet \naccess service, or to regulate the facilities used in the provision of \neither such service.\n ``(b) Savings Provision.--Nothing in this section shall be \nconstrued to limit or affect the authority of any State to regulate \nvoice telephone exchange services, nor affect the rights of cable \nfranchise authorities to establish requirements that are otherwise \nconsistent with this Act.\n ``(c) Continued Enforcement of ESP Exemption, Universal Service \nRules Permitted.--Nothing in this section shall affect the ability of \nthe Commission to retain or modify--\n ``(1) the exemption from interstate access charges for \n enhanced service providers under Part 69 of the Commission's \n Rules; or\n ``(2) rules issued pursuant to section 254.''.\n (b) Conforming Amendment.--Section 251 of the Communications Act of \n1934 (47 U.S.C. 251) is amended by adding at the end thereof the \nfollowing new subsection:\n ``(j) Exemption.--\n ``(1) In general.--Notwithstanding the provisions of \n subsections (c) and (d), the Commission shall not require an \n incumbent local exchange carrier to--\n ``(A) provide unbundled access to any network \n elements used in the provision of any high speed data \n service, other than those network elements described in \n section 51.319 of the Commission's regulations (47 \n C.F.R. 51.319), as in effect on January 1, 1999; or\n ``(B) offer for resale at wholesale rates any high \n speed data service.\n ``(2) Authority to reduce elements subject to \n requirement.--Paragraph (1)(A) shall not prohibit the \n Commission from modifying the regulation referred to in that \n paragraph to reduce the number of network elements subject to \n the unbundling requirement, or to forbear from enforcing any \n portion of that regulation in accordance with the Commission's \n authority under section 706 of the Telecommunications Act of \n 1996, notwithstanding any limitation on that authority in \n section 10 of this Act.''.\n\nSEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.\n\n Part I of title II of the Communications Act of 1934, as amended by \nsection 4, is amended by adding at the end the following new section:\n\n``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.\n\n ``(a) Purpose.--It is the purpose of this section to ensure that \nInternet users have freedom of choice of Internet service provider.\n ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each \nincumbent local exchange carrier has the duty to provide--\n ``(1) Internet users with the ability to subscribe to and \n have access to any Internet service provider that interconnects \n with such carrier's high speed data service;\n ``(2) any Internet service provider with the right to \n acquire the facilities and services necessary to interconnect \n with such carrier's high speed data service for the provision \n of Internet access service; and\n ``(3) any Internet service provider with the ability to \n collocate equipment in accordance with the provisions of \n section 251, to the extent necessary to achieve the objectives \n of paragraphs (1) and (2) of this subsection.\n ``(c) Definitions.--As used in this section--\n ``(1) Internet service provider.--The term `Internet \n service provider' means any provider of Internet access \n service.\n ``(2) Incumbent local exchange carrier.--The term \n `incumbent local exchange carrier' has the same meaning as \n provided in section 251(h).''.\n\nSEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET \n ACCESS SERVICES.\n\n (a) Incidental InterLATA Service Premitted.--Section 271(g) of the \nCommunications Act of 1934 (47 U.S.C. 271(g)) is amended--\n (1) by striking ``or'' at the end of paragraph (5);\n (2) by striking the period at the end of paragraph (6) and \n inserting ``; or''; and\n (3) by adding at the end thereof the following new \n paragraph:\n ``(7) of high speed data service or Internet access \n service.''.\n (b) Prohibition on Marketing Voice Services.--Section 271 of such \nAct is amended by adding at the end thereof the following new \nsubsection:\n ``(k) Prohibition on Marketing Voice Telephone Services.--Until the \ndate on which a Bell operating company is authorized to offer interLATA \nservices originating in an in-region State in accordance with the \nprovisions of this section, such Bell operating company offering any \nhigh speed data service or Internet access service pursuant to the \nprovisions of paragraph (7) of subsection (g) may not, in such in-\nregion State market, bill, or collect for interLATA voice \ntelecommunications service obtained by means of the high speed data \nservice or Internet access service provided by such company.''.\n (c) Conforming Amendments.--\n (1) Section 272(a)(2)(B)(i) of such Act is amended to read \n as follows:\n ``(i) incidental interLATA services \n described in paragraphs (1), (2), (3), (5), \n (6), and (7) of section 271(g).''.\n (2) Section 272(a)(2)(C) of such Act is repealed.","summary":"Internet Freedom and Broadband Deployment Act of 1999 - Amends the Communications Act of 1934 to define high speed data service as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction. Prohibits the Federal Communications Commission (FCC) and each State, except as expressly provided in this Act, from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations. Or (2) offer for resale at wholesale rates any high speed data service. States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services. (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers. Or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service. (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection. And (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection. Includes high speed data service or Internet access service within the definition of incidental interLATA services permitted for a Bell operating company (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company.","title":"Internet Freedom and Broadband Deployment Act of 1999","text_len":11371,"sum_len":2316} {"bill_id":"107_hr554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rail Passenger Disaster Family \nAssistance Act of 2001''.\n\nSEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES \n OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.\n\n (a) In General.--Subchapter III of chapter 11 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 1138. Assistance to families of passengers involved in rail \n passenger accidents\n ``(a) In General.--As soon as practicable after being notified of a \nrail passenger accident within the United States involving a rail \npassenger carrier and resulting in a major loss of life, the Chairman \nof the National Transportation Safety Board shall--\n ``(1) designate and publicize the name and phone number of \n a director of family support services who shall be an employee \n of the Board and shall be responsible for acting as a point of \n contact within the Federal Government for the families of \n passengers involved in the accident and a liaison between the \n rail passenger carrier and the families; and\n ``(2) designate an independent nonprofit organization, with \n experience in disasters and posttrauma communication with \n families, which shall have primary responsibility for \n coordinating the emotional care and support of the families of \n passengers involved in the accident.\n ``(b) Responsibilities of the Board.--The Board shall have primary \nFederal responsibility for--\n ``(1) facilitating the recovery and identification of \n fatally injured passengers involved in an accident described in \n subsection (a); and\n ``(2) communicating with the families of passengers \n involved in the accident as to the roles of--\n ``(A) the organization designated for an accident \n under subsection (a)(2);\n ``(B) Government agencies; and\n ``(C) the rail passenger carrier involved,\n with respect to the accident and the post-accident activities.\n ``(c) Responsibilities of Designated Organization.--The \norganization designated for an accident under subsection (a)(2) shall \nhave the following responsibilities with respect to the families of \npassengers involved in the accident:\n ``(1) To provide mental health and counseling services, in \n coordination with the disaster response team of the rail \n passenger carrier involved.\n ``(2) To take such actions as may be necessary to provide \n an environment in which the families may grieve in private.\n ``(3) To meet with the families who have traveled to the \n location of the accident, to contact the families unable to \n travel to such location, and to contact all affected families \n periodically thereafter until such time as the organization, in \n consultation with the director of family support services \n designated for the accident under subsection (a)(1), determines \n that further assistance is no longer needed.\n ``(4) To arrange a suitable memorial service, in \n consultation with the families.\n ``(d) Passenger Lists.--\n ``(1) Requests for passenger lists.--\n ``(A) Requests by director of family support \n services.--It shall be the responsibility of the \n director of family support services designated for an \n accident under subsection (a)(1) to request, as soon as \n practicable, from the rail passenger carrier involved \n in the accident a list, which is based on the best \n available information at the time of the request, of \n the names of the passengers that were aboard the rail \n passenger carrier's train involved in the accident. A \n rail passenger carrier shall use reasonable efforts, \n with respect to its unreserved trains, and passengers \n not holding reservations on its other trains, to \n ascertain the names of passengers aboard a train \n involved in an accident.\n ``(B) Requests by designated organization.--The \n organization designated for an accident under \n subsection (a)(2) may request from the rail passenger \n carrier involved in the accident a list described in \n subparagraph (A).\n ``(2) Use of information.--The director of family support \n services and the organization may not release to any person \n information on a list obtained under paragraph (1) but may \n provide information on the list about a passenger to the family \n of the passenger to the extent that the director of family \n support services or the organization considers appropriate.\n ``(e) Continuing Responsibilities of the Board.--In the course of \nits investigation of an accident described in subsection (a), the Board \nshall, to the maximum extent practicable, ensure that the families of \npassengers involved in the accident--\n ``(1) are briefed, prior to any public briefing, about the \n accident and any other findings from the investigation; and\n ``(2) are individually informed of and allowed to attend \n any public hearings and meetings of the Board about the \n accident.\n ``(f) Use of Rail Passenger Carrier Resources.--To the extent \npracticable, the organization designated for an accident under \nsubsection (a)(2) shall coordinate its activities with the rail \npassenger carrier involved in the accident to facilitate the reasonable \nuse of the resources of the carrier.\n ``(g) Prohibited Actions.--\n ``(1) Actions to impede the board.--No person (including a \n State or political subdivision) may impede the ability of the \n Board (including the director of family support services \n designated for an accident under subsection (a)(1)), or an \n organization designated for an accident under subsection \n (a)(2), to carry out its responsibilities under this section or \n the ability of the families of passengers involved in the \n accident to have contact with one another.\n ``(2) Unsolicited communications.--No unsolicited \n communication concerning a potential action for personal injury \n or wrongful death may be made by an attorney (including any \n associate, agent, employee, or other representative of an \n attorney) or any potential party to the litigation to an \n individual (other than an employee of the rail passenger \n carrier) injured in the accident, or to a relative of an \n individual involved in the accident, before the 45th day \n following the date of the accident.\n ``(3) Prohibition on actions to prevent mental health and \n counseling services.--No State or political subdivision may \n prevent the employees, agents, or volunteers of an organization \n designated for an accident under subsection (a)(2) from \n providing mental health and counseling services under \n subsection (c)(1) in the 30-day period beginning on the date of \n the accident. The director of family support services \n designated for the accident under subsection (a)(1) may extend \n such period for not to exceed an additional 30 days if the \n director determines that the extension is necessary to meet the \n needs of the families and if State and local authorities are \n notified of the determination.\n ``(h) Definitions.--In this section, the following definitions \napply:\n ``(1) Rail passenger accident.--The term `rail passenger \n accident' means any rail passenger disaster occurring in the \n provision of--\n ``(A) interstate intercity rail passenger \n transportation (as such term is defined in section \n 24102); or\n ``(B) interstate or intrastate high-speed rail (as \n such term is defined in section 26105) transportation,\n regardless of its cause or suspected cause.\n ``(2) Rail passenger carrier.--The term `rail passenger \n carrier' means a rail carrier providing--\n ``(A) interstate intercity rail passenger \n transportation (as such term is defined in section \n 24102); or\n ``(B) interstate or intrastate high-speed rail (as \n such term is defined in section 26105) transportation,\n except that such term shall not include a tourist, historic, \n scenic, or excursion rail carrier.\n ``(3) Passenger.--The term `passenger' includes--\n ``(A) an employee of a rail passenger carrier \n aboard a train;\n ``(B) any other person aboard the train without \n regard to whether the person paid for the \n transportation, occupied a seat, or held a reservation \n for the rail transportation; and\n ``(C) any other person injured or killed in the \n accident.\n ``(i) Limitation on Statutory Construction.--Nothing in this \nsection may be construed as limiting the actions that a rail passenger \ncarrier may take, or the obligations that a rail passenger carrier may \nhave, in providing assistance to the families of passengers involved in \na rail passenger accident.''.\n (b) Conforming Amendment.--The table of sections for such chapter \nis amended by inserting after the item relating to section 1137 the \nfollowing:\n\n``1138. Assistance to families of passengers involved in rail passenger \n accidents.''.\n\nSEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF \n PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.\n\n (a) In General.--Part C of subtitle V of title 49, United States \nCode, is amended by adding at the end the following new chapter:\n\n ``CHAPTER 251--FAMILY ASSISTANCE\n\n``Sec.\n``25101. Plans to address needs of families of passengers involved in \n rail passenger accidents.\n\n``Sec. 25101. Plans to address needs of families of passengers \n involved in rail passenger accidents\n ``(a) Submission of Plans.--Not later than 6 months after the date \nof the enactment of this section, each rail passenger carrier shall \nsubmit to the Secretary of Transportation and the Chairman of the \nNational Transportation Safety Board a plan for addressing the needs of \nthe families of passengers involved in any rail passenger accident \ninvolving a train of the rail passenger carrier and resulting in a \nmajor loss of life.\n ``(b) Contents of Plans.--A plan to be submitted by a rail \npassenger carrier under subsection (a) shall include, at a minimum, the \nfollowing:\n ``(1) A plan for publicizing a reliable, toll-free \n telephone number, and for providing staff, to handle calls from \n the families of the passengers.\n ``(2) A process for notifying the families of the \n passengers, before providing any public notice of the names of \n the passengers, either by utilizing the services of the \n organization designated for the accident under section \n 1138(a)(2) of this title or the services of other suitably \n trained individuals.\n ``(3) An assurance that the notice described in paragraph \n (2) will be provided to the family of a passenger as soon as \n the rail passenger carrier has verified that the passenger was \n aboard the train (whether or not the names of all of the \n passengers have been verified) and, to the extent practicable, \n in person.\n ``(4) An assurance that the rail passenger carrier will \n provide to the director of family support services designated \n for the accident under section 1138(a)(1) of this title, and to \n the organization designated for the accident under section \n 1138(a)(2) of this title, immediately upon request, a list \n (which is based on the best available information at the time \n of the request) of the names of the passengers aboard the train \n (whether or not such names have been verified), and will \n periodically update the list. The plan shall include a \n procedure, with respect to unreserved trains and passengers not \n holding reservations on other trains, for the rail passenger \n carrier to use reasonable efforts to ascertain the names of \n passengers aboard a train involved in an accident.\n ``(5) An assurance that the family of each passenger will \n be consulted about the disposition of all remains and personal \n effects of the passenger within the control of the rail \n passenger carrier.\n ``(6) An assurance that if requested by the family of a \n passenger, any possession of the passenger within the control \n of the rail passenger carrier (regardless of its condition) \n will be returned to the family unless the possession is needed \n for the accident investigation or any criminal investigation.\n ``(7) An assurance that any unclaimed possession of a \n passenger within the control of the rail passenger carrier will \n be retained by the rail passenger carrier for at least 18 \n months.\n ``(8) An assurance that the family of each passenger or \n other person killed in the accident will be consulted about \n construction by the rail passenger carrier of any monument to \n the passengers, including any inscription on the monument.\n ``(9) An assurance that the treatment of the families of \n nonrevenue passengers will be the same as the treatment of the \n families of revenue passengers.\n ``(10) An assurance that the rail passenger carrier will \n work with any organization designated under section 1138(a)(2) \n of this title on an ongoing basis to ensure that families of \n passengers receive an appropriate level of services and \n assistance following each accident.\n ``(11) An assurance that the rail passenger carrier will \n provide reasonable compensation to any organization designated \n under section 1138(a)(2) of this title for services provided by \n the organization.\n ``(12) An assurance that the rail passenger carrier will \n assist the family of a passenger in traveling to the location \n of the accident and provide for the physical care of the family \n while the family is staying at such location.\n ``(13) An assurance that the rail passenger carrier will \n commit sufficient resources to carry out the plan.\n ``(14) An assurance that the rail passenger carrier will \n provide adequate training to the employees and agents of the \n carrier to meet the needs of survivors and family members \n following an accident.\n ``(15) An assurance that, upon request of the family of a \n passenger, the rail passenger carrier will inform the family of \n whether the passenger's name appeared on any preliminary \n passenger manifest for the train involved in the accident.\n ``(c) Limitation on Liability.--A rail passenger carrier shall not \nbe liable for damages in any action brought in a Federal or State court \narising out of the performance of the rail passenger carrier in \npreparing or providing a passenger list, or in providing information \nconcerning a train reservation, pursuant to a plan submitted by the \nrail passenger carrier under subsection (b), unless such liability was \ncaused by conduct of the rail passenger carrier which was grossly \nnegligent or which constituted intentional misconduct.\n ``(d) Definitions.--In this section--\n ``(1) the terms `rail passenger accident' and `rail \n passenger carrier' have the meanings such terms have in section \n 1138 of this title; and\n ``(2) the term `passenger' means a person aboard a rail \n passenger carrier's train that is involved in a rail passenger \n accident.\n ``(e) Limitation on Statutory Construction.--Nothing in this \nsection may be construed as limiting the actions that a rail passenger \ncarrier may take, or the obligations that a rail passenger carrier may \nhave, in providing assistance to the families of passengers involved in \na rail passenger accident.''.\n (b) Conforming Amendment.--The table of chapters for subtitle V of \ntitle 49, United States Code, is amended by adding after the item \nrelating to chapter 249 the following new item:\n\n``251. FAMILY ASSISTANCE................................... 25101''.\n\n Passed the House of Representatives February 14, 2001.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families. And (2) designate an independent nonprofit organization which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents. Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation. And (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident. Prohibits: (1) a person from impeding the ability of the Board or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another. (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident. And (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident. Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.","title":"To establish a program, coordinated by the National Transportation Safety Board, of assistance to families of passengers involved in rail passenger accidents.","text_len":17461,"sum_len":3156} {"bill_id":"106_hr4755","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Woodrow Wilson Memorial Bridge \nPreservation Act''.\n\nSEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL \n BRIDGE.\n\n (a) Maintenance, Rehabilitation, and Expansion of Existing \nBridge.--The Secretary of Transportation shall be solely responsible \nfor the maintenance, rehabilitation, and expansion of the existing \nWoodrow Wilson Memorial Bridge over the Potomac River between the \nStates of Virginia and Maryland until all conditions under section 5 \nare met. The Secretary shall consult with the Commonwealth of Virginia, \nthe State of Maryland, and the District of Columbia from time to time \non the operating, maintenance, and rehabilitation needs of the bridge.\n (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of \nthe agreement of April 19, 1985, between the Secretary of \nTransportation, the Commonwealth of Virginia, the State of Maryland, \nand the District of Columbia, related to the assignment of \nresponsibility for the operation and maintenance of the bridge shall \nremain in effect.\n\nSEC. 3. ESTABLISHMENT OF FUND.\n\n (a) In General.--The contract authority, and associated \nobligational authority, provided by section 412 of the National Highway \nSystem Designation Act of 1995 (112 Stat. 159-160) and section 110 of \ntitle 23, United States Code, for the Woodrow Wilson Memorial Bridge \nshall be designated as the Woodrow Wilson Memorial Bridge Preservation \nFund (in this section referred to as the ``Fund'') and shall be \nmaintained as such within the Department of Transportation.\n (b) Uses of the Fund.--The Fund shall be available to the Secretary \nfor the maintenance, rehabilitation, and expansion of the existing \nWoodrow Wilson Memorial Bridge for the purpose of keeping the bridge in \na condition sufficient to facilitate interstate traffic in an efficient \nand safe manner. Amounts in the Fund shall only be available for those \nportions of the bridge that are owned by the Federal Government.\n (c) Replenishment of the Fund.--Before October 1 of each fiscal \nyear, the Secretary shall estimate the balance in the Fund for such \nfiscal year. If the balance is projected to be below $50,000,000, the \nSecretary shall deduct from apportionments made to the Commonwealth of \nVirginia and the State of Maryland under section 104 of title 23, \nUnited States Code, sufficient contract authority and obligation \nauthority to restore the projected Fund balance to $50,000,000. The \nobligation authority deducted shall be available until expended.\n (d) Annual Report.--The Secretary shall prepare and transmit to \nCongress an annual report on the condition of the bridge.\n\nSEC. 4. TRANSPORTATION PLAN.\n\n (a) Development.--The Secretary of Transportation, the Commonwealth \nof Virginia, the State of Maryland, and the District of Columbia shall \ndevelop a transportation plan for the Capital Beltway corridor \n(Interstate Route 495) served by the Woodrow Wilson Memorial Bridge \nproject. The plan shall establish what level of high occupancy vehicle \nlanes and transit service should be provided in the corridor and how \nsuch service should be accommodated on a replacement bridge.\n (b) Consultation.--The plan shall be developed in consultation with \nappropriate local jurisdictions and metropolitan planning \norganizations.\n (c) Funding.--The cost of developing the plan may be paid from the \nWoodrow Wilson Memorial Bridge Preservation Fund.\n\nSEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE.\n\n (a) In General.--Upon certification to Congress by the Secretary of \nTransportation that all of the following conditions have been met, the \nbalance in the Woodrow Wilson Memorial Bridge Preservation Fund shall \nbe available for the construction of a replacement for the existing \nWoodrow Wilson Memorial Bridge:\n (1) The transportation plan required under section 4 has \n been completed and approved by the Secretary, the Governors of \n Virginia and Maryland, and the mayor of the District of \n Columbia.\n (2) Title to the existing bridge has been transferred from \n the Federal Government to the Commonwealth of Virginia or the \n State of Maryland, or both.\n (3) The Commonwealth of Virginia and the State of Maryland \n have developed a finance plan to pay for all costs of the \n replacement bridge project in excess of the current Federal \n payment provided by the Transportation Equity Act for the 21st \n Century and have signed an agreement with the Secretary to pay \n for all cost overruns to the finance plan. The plan shall give \n priority to the use of such Federal payment for the bridge \n component of the project.\n (b) Waiver Authority.--In developing a replacement bridge and its \napproaches under subsection (a), the Secretary upon petition by the \nStates of Virginia and Maryland, may waive any requirement of title 23, \nUnited States Code, other than sections 113 and 138 of such title, that \nthe States have determined to cause unreasonable increases in the cost \nof the project.\n\nSEC. 6. SENSE OF THE CONGRESS.\n\n It is the sense of Congress that--\n (1) the $900,000,000 Federal payment in the Transportation \n Equity Act for the 21st Century to replace the Woodrow Wilson \n Memorial Bridge is the final Federal contribution for that \n project;\n (2) any of the Federal payment remaining after completion \n of the replacement bridge shall be available to pay for costs \n associated with construction of approaches to the bridge; and\n (3) all project costs not associated with the bridge \n component are the responsibility of the Commonwealth of \n Virginia and the State of Maryland as was the case with the \n construction of the existing bridge.\n\nSEC. 7. CONFORMING AMENDMENTS.\n\n Section 412 of the National Highway System Designation Act of 1995 \n(112 Stat. 159-160) is amended--\n (1) in subsection (a)(1) by striking ``of planning'' and \n all that follows through the period at the end of such \n subsection and inserting ``of maintenance and rehabilitation by \n the Secretary of the existing Woodrow Wilson Memorial \n Bridge.''; and\n (2) by striking subsection (c).\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect \nSeptember 30, 2000, and shall apply to fiscal years beginning after \nsuch date.","summary":"Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both. And (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan . Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project. (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it. And (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland.","title":"Woodrow Wilson Memorial Bridge Preservation Act","text_len":6567,"sum_len":2627} {"bill_id":"108_hr3477","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Medal of Honor \nMemorial Coin Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Congressional Medal of Honor is the highest award \n for valor that can be bestowed upon a member of the Armed \n Forces of the United States.\n (2) The recipients of the Congressional Medal of Honor have \n conspicuously distinguished themselves by gallantry and \n intrepidity at the risk of their lives above and beyond the \n call of duty.\n (3) The National Medal of Honor Memorial at Riverside \n National Cemetery is a fitting monument to the heroes who have \n received the Congressional Medal of Honor.\n (4) The National Medal of Honor Memorial at Riverside \n National Cemetery honors the service and sacrifice of each of \n the recipients of the Congressional Medal of Honor.\n (5) The $1,700,000 required to build the National Medal of \n Honor Memorial at Riverside National Cemetery was raised solely \n through donations to the Riverside National Cemetery \n Congressional Medal of Honor Memorial Committee.\n (6) Substantial support exists among the people of the \n United States for the minting and issuance of coins in \n commemoration of the recipients of the Congressional Medal of \n Honor.\n (7) The people of the United States will be able to keep \n and hold the coins minted under this Act as a personal memorial \n to the many heroes who have received the Congressional Medal of \n Honor.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--In commemoration of the recipients of the \nCongressional Medal of Honor, the Secretary of the Treasury (hereafter \nin this Act referred to as the ``Secretary'') shall mint and issue the \nfollowing:\n (1) $5 Gold Coins.--Not more than 50,000 $5 coins, each of \n which shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 Silver Coins.--Not more than 250,000 $1 coins, each \n of which shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5136 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) In General.--The design of the coins minted under this Act \nshall be emblematic of the values and abilities necessary to earn the \nCongressional Medal of Honor, such as gallantry and intrepidity.\n (b) Designation and Inscriptions.--On each coin minted under this \nAct there shall be--\n (1) a designation of the value of the coin;\n (2) an inscription of the year ``2005''; and\n (3) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (c) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the period beginning on January 1, 2005, and \nending on December 31, 2005.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharges required by section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--The Secretary shall accept prepaid orders \nreceived before the issuance of the coins minted under this Act. The \nsale prices with respect to such prepaid orders shall be at a \nreasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) Assessment.--Any sale by the Secretary of a coin minted under \nthis Act shall include a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 coin.\n (2) A surcharge of $10 per coin for the $1 coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, the proceeds from the surcharges received by the Secretary \nfrom the sale of coins issued under this Act shall be paid promptly by \nthe Secretary to the Riverside National Cemetery Support Committee, a \nnonprofit organization established under the laws of the State of \nCalifornia, for the purposes of--\n (1) maintaining the National Medal of Honor Memorial at \n Riverside National Cemetery; and\n (2) constructing and maintaining such memorials as the \n Riverside National Cemetery Support Committee and the Secretary \n of Veterans Affairs may jointly designate.","summary":"Congressional Medal of Honor Memorial Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 50,000 five dollar gold coins and 250,000 one dollar silver coins emblematic of the values and abilities necessary to earn the Congressional Medal of Honor. Requires the Secretary to pay the proceeds from the sale of such coins to the Riverside National Cemetery Support Committee for the purposes of: (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery. And (2) constructing and maintaining such memorials as the Committee and the Secretary of Veterans Affairs may jointly designate.","title":"To require the Secretary of the Treasury to mint coins in commemoration of the recipients of the Congressional Medal of Honor.","text_len":5839,"sum_len":643} {"bill_id":"112_hr2363","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care OverUse Reform Today Act \n(HealthCOURT Act) of 2011''.\n\nSEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE LAWSUIT BASED ON \n COMPLIANCE WITH BEST PRACTICE GUIDELINES.\n\n (a) Selection and Issuance of Best Practices Guidelines.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary'') shall \n provide for the selection and issuance of best practice \n guidelines for treatment of medical conditions (each in this \n subsection referred to as a ``guideline'') in accordance with \n paragraphs (2) and (3).\n (2) Development process.--Not later than 90 days after the \n date of enactment of this Act, the Secretary shall enter into a \n contract with a qualified physician consensus-building \n organization (such as the Physician Consortium for Performance \n Improvement), in concert and agreement with physician specialty \n organizations, to develop guidelines. The contract shall \n require that the organization submit guidelines to the agency \n not later than 18 months after the date of enactment of this \n Act.\n (3) Issuance.--\n (A) In general.--Not later than 2 years after the \n date of the enactment of this Act, the Secretary shall, \n after notice and opportunity for public comment, make a \n rule that provides for the establishment of the \n guidelines submitted under paragraph (2).\n (B) Limitation.--The Secretary may not make a rule \n that includes guidelines other than those submitted \n under paragraph (2).\n (C) Dissemination.--The Secretary shall post such \n guidelines on the public Internet web page of the \n Department of Health and Human Services.\n (4) Maintenance.--Not later than 4 years after the date of \n enactment of this Act, and every 2 years thereafter, the \n Secretary shall review the guidelines and shall, as necessary, \n enter into contracts similar to the contract described in \n paragraph (2), and issue guidelines in a manner similar to the \n issuance of guidelines under paragraph (3).\n (b) Limitation on Damages.--\n (1) Limitation on noneconomic damages.--In any health care \n lawsuit, a court may not award noneconomic damages with respect \n to treatment that is consistent with a guideline issued under \n subsection (a).\n (2) Limitation on punitive damages.--In any health care \n lawsuit, no punitive damages may be awarded against a health \n care provider based on a claim that such treatment caused the \n claimant harm if--\n (A) such treatment was subject to quality review by \n a qualified physician consensus-building organization \n and has been found to be safe, effective, and \n appropriate;\n (B) such treatment was approved in a guideline that \n underwent full review by such organization, public \n comment, approval by the Secretary, and dissemination \n as described in subparagraph (a); or\n (C) such medical treatment is generally recognized \n among qualified experts (including medical providers \n and relevant physician specialty organizations) as \n safe, effective, and appropriate.\n (c) Use.--\n (1) Introduction as evidence.--Guidelines established in a \n rule made under subsection (a) may not be introduced as \n evidence of negligence or deviation in the standard of care in \n any health care lawsuit unless they have previously been \n introduced by the defendant.\n (2) No presumption of negligence.--There shall be no \n presumption of negligence if a health care provider provides \n treatment in a manner inconsistent with such guidelines.\n (d) Construction.--Nothing in this section shall be construed as \npreventing a State from--\n (1) replacing their current medical malpractice rules with \n rules that rely, as a defense, upon a health care provider's \n compliance with a guideline issued under subsection (a); or\n (2) applying additional guidelines or safe-harbors that are \n in addition to, but not in lieu of, the guidelines issued under \n subsection (a).\n\nSEC. 3. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE \n TRIBUNALS.\n\n ``(a) In General.--The Secretary may award grants to States for the \ndevelopment, implementation, and evaluation of administrative health \ncare tribunals that comply with this section, for the resolution of \ndisputes concerning injuries allegedly caused by health care providers.\n ``(b) Conditions for Demonstration Grants.--To be eligible to \nreceive a grant under this section, a State shall submit to the \nSecretary an application at such time, in such manner, and containing \nsuch information as may be required by the Secretary. A grant shall be \nawarded under this section on such terms and conditions as the \nSecretary determines appropriate.\n ``(c) Representation by Counsel.--A State that receives a grant \nunder this section may not preclude any party to a dispute before an \nadministrative health care tribunal operated under such grant from \nobtaining legal representation during any review by the expert panel \nunder subsection (d), the administrative health care tribunal under \nsubsection (e), or a State court under subsection (f).\n ``(d) Expert Panel Review and Early Offer Guidelines.--\n ``(1) In general.--Prior to the submission of any dispute \n concerning injuries allegedly caused by health care providers \n to an administrative health care tribunal under this section, \n such allegations shall first be reviewed by an expert panel.\n ``(2) Composition.--\n ``(A) In general.--The members of each expert panel \n under this subsection shall be appointed by the head of \n the State agency responsible for health. Each expert \n panel shall be composed of no fewer than 3 members and \n not more than 7 members. At least one-half of such \n members shall be medical experts (either physicians or \n health care professionals).\n ``(B) Licensure and expertise.--Each physician or \n health care professional appointed to an expert panel \n under subparagraph (A) shall--\n ``(i) be appropriately credentialed or \n licensed in 1 or more States to deliver health \n care services; and\n ``(ii) typically treat the condition, make \n the diagnosis, or provide the type of treatment \n that is under review.\n ``(C) Independence.--\n ``(i) In general.--Subject to clause (ii), \n each individual appointed to an expert panel \n under this paragraph shall--\n ``(I) not have a material familial, \n financial, or professional relationship \n with a party involved in the dispute \n reviewed by the panel; and\n ``(II) not otherwise have a \n conflict of interest with such a party.\n ``(ii) Exception.--Nothing in clause (i) \n shall be construed to prohibit an individual \n who has staff privileges at an institution \n where the treatment involved in the dispute was \n provided from serving as a member of an expert \n panel merely on the basis of such affiliation, \n if the affiliation is disclosed to the parties \n and neither party objects.\n ``(D) Practicing health care professional in same \n field.--\n ``(i) In general.--In a dispute before an \n expert panel that involves treatment, or the \n provision of items or services--\n ``(I) by a physician, the medical \n experts on the expert panel shall be \n practicing physicians (allopathic or \n osteopathic) of the same or similar \n specialty as a physician who typically \n treats the condition, makes the \n diagnosis, or provides the type of \n treatment under review; or\n ``(II) by a health care \n professional other than a physician, at \n least two medical experts on the expert \n panel shall be practicing physicians \n (allopathic or osteopathic) of the same \n or similar specialty as the health care \n professional who typically treats the \n condition, makes the diagnosis, or \n provides the type of treatment under \n review, and, if determined appropriate \n by the State agency, an additional \n medical expert shall be a practicing \n health care professional (other than \n such a physician) of such a same or \n similar specialty.\n ``(ii) Practicing defined.--In this \n paragraph, the term `practicing' means, with \n respect to an individual who is a physician or \n other health care professional, that the \n individual provides health care services to \n individual patients on average at least 2 days \n a week.\n ``(E) Pediatric expertise.--In the case of dispute \n relating to a child, at least 1 medical expert on the \n expert panel shall have expertise described in \n subparagraph (D)(i) in pediatrics.\n ``(3) Determination.--After a review under paragraph (1), \n an expert panel shall make a determination as to the liability \n of the parties involved and compensation.\n ``(4) Acceptance.--If the parties to a dispute before an \n expert panel under this subsection accept the determination of \n the expert panel concerning liability and compensation, such \n compensation shall be paid to the claimant and the claimant \n shall agree to forgo any further action against the health care \n providers involved.\n ``(5) Failure to accept.--If any party decides not to \n accept the expert panel's determination, the matter shall be \n referred to an administrative health care tribunal created \n pursuant to this section.\n ``(e) Administrative Health Care Tribunals.--\n ``(1) In general.--Upon the failure of any party to accept \n the determination of an expert panel under subsection (d), the \n parties shall have the right to request a hearing concerning \n the liability or compensation involved by an administrative \n health care tribunal established by the State involved.\n ``(2) Requirements.--In establishing an administrative \n health care tribunal under this section, a State shall--\n ``(A) ensure that such tribunals are presided over \n by special judges with health care expertise;\n ``(B) provide authority to such judges to make \n binding rulings, rendered in written decisions, on \n standards of care, causation, compensation, and related \n issues with reliance on independent expert witnesses \n commissioned by the tribunal;\n ``(C) establish gross negligence as the legal \n standard for the tribunal;\n ``(D) allow the admission into evidence of the \n recommendation made by the expert panel under \n subsection (d); and\n ``(E) provide for an appeals process to allow for \n review of decisions by State courts.\n ``(f) Review by State Court After Exhaustion of Administrative \nRemedies.--\n ``(1) Right to file.--If any party to a dispute before a \n health care tribunal under subsection (e) is not satisfied with \n the determinations of the tribunal, the party shall have the \n right to file their claim in a State court of competent \n jurisdiction.\n ``(2) Forfeit of awards.--Any party filing an action in a \n State court in accordance with paragraph (1) shall forfeit any \n compensation award made under subsection (e).\n ``(3) Admissibility.--The determinations of the expert \n panel and the administrative health care tribunal pursuant to \n subsections (d) and (e) with respect to a State court \n proceeding under paragraph (1) shall be admissible into \n evidence in any such State court proceeding.\n ``(g) Definition.--In this section, the term `health care provider' \nmeans any person or entity required by State or Federal laws or \nregulations to be licensed, registered, or certified to provide health \ncare services, and being either so licensed, registered, or certified, \nor exempted from such requirement by other statute or regulation.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated for any fiscal year such sums as may be necessary for \npurposes of making grants to States under this section.''.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Health care lawsuit.--The term ``health care lawsuit'' \n means any health care liability claim concerning the provision \n of health care goods or services brought in a Federal court or \n in a State court or pursuant to an alternative dispute \n resolution system, if such claim concerns items or services \n with respect to which payment is made under title XVIII, title \n XIX, or title XXI of the Social Security Act or for which the \n claimant receives a Federal tax benefit, against a health care \n provider, a health care organization, or the manufacturer, \n distributor, supplier, marketer, promoter, or seller of a \n medical product, regardless of the theory of liability on which \n the claim is based, or the number of claimants, plaintiffs, \n defendants, or other parties, or the number of claims or causes \n of action, in which the claimant alleges a health care \n liability claim. Such term does not include a claim or action \n which is based on criminal liability; which seeks civil fines \n or penalties paid to Federal government; or which is grounded \n in antitrust.\n (2) Noneconomic damages.--The term ``noneconomic damages'' \n means damages for losses for physical and emotional pain, \n suffering, inconvenience, physical impairment, mental anguish, \n disfigurement, loss of enjoyment of life, loss of society and \n companionship, loss of consortium, hedonic damages, injury to \n reputation, and any other nonpecuniary losses.\n (3) Punitive damages.--The term ``punitive damages'' means \n damages awarded, for the purpose of punishment or deterrence, \n and not solely for compensatory purposes, against a health care \n provider. Punitive damages are neither economic nor noneconomic \n damages.\n (4) Medical treatment.--The term ``medical treatment'' \n means the provision of any goods or services by a health care \n provider or by any individual working under the supervision of \n a health care provider, that relates to the diagnosis, \n prevention, or treatment of any human disease or impairment, or \n the assessment or care of the health of human beings.\n (5) Health care provider.--The term ``health care \n provider'' means any person or entity required by State or \n Federal laws or regulations to be licensed, registered, or \n certified to provide health care services, and being either so \n licensed, registered, or certified, or exempted from such \n requirement by other statute or regulation.\n (6) Federal tax benefit.--A claimant shall be treated as \n receiving a Federal tax benefit with respect to payment for \n items or services if--\n (A) such payment is compensation by insurance--\n (i) which constitutes medical care, and\n (ii) with respect to the payment of \n premiums for which the claimant, or the \n employer of the claimant, was allowed an \n exclusion from gross income, a deduction, or a \n credit for Federal income tax purposes,\n (B) a deduction was allowed with respect to such \n payment for Federal income tax purposes, or\n (C) such payment was from an Archer MSA (as defined \n in section 220(d) of the Internal Revenue Code of \n 1986), a health savings account (as defined in section \n 223(d) of such Code), a flexible spending arrangement \n (as defined in section 106(c)(2) of such Code), or a \n health reimbursement arrangement which is treated as \n employer-provided coverage under an accident or health \n plan for purposes of section 106 of such Code.","summary":"Health Care OverUse Reform Today Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to provide for the selection and issuance of best practice guidelines for treatment of medical conditions. Requires the Secretary to contract with a qualified physician consensus-building organization to develop guidelines and issue a rule that provides for the establishment of such guidelines. Prohibits the Secretary from making a rule that includes guidelines other than those submitted by such organization. Requires the Secretary to routinely review guidelines and, as necessary, enter into additional contracts to issue guidelines. Prohibits a court from awarding noneconomic damages or punitive damages in any health care lawsuit with respect to treatment that is consistent with a guideline issued under this Act. Prohibits guidelines from being introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless such guidelines have previously been introduced by the defendant. Declares that there shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Sets forth provisions governing the operation of such tribunals, including requiring a review of allegations by an expert panel to assess liability.","title":"To establish performance-based quality measures, to establish limitations on recovery in health care lawsuits based on compliance with best practice guidelines, and to provide grants to States for administrative health care tribunals.","text_len":18953,"sum_len":1608} {"bill_id":"112_s2148","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lead Exposure Reduction Amendments \nAct of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is \namended--\n (1) in paragraph (1)--\n (A) by redesignating subparagraphs (A) and (B) as \n clauses (i) and (ii), respectively, and indenting the \n clauses appropriately;\n (B) in the first sentence, by striking ``The term'' \n and inserting the following:\n ``(A) In general.--The term'';\n (C) by striking ``Such term includes--'' and \n inserting the following:\n ``(B) Inclusions.--The term `abatement' includes--\n ''; and\n (D) by adding at the end the following:\n ``(C) Exclusions.--The term `abatement' does not \n include any renovation, remodeling, landscaping, or \n other activity--\n ``(i) the primary purpose of which is to \n repair, restore, or remodel a structure or \n dwelling; and\n ``(ii) that incidentally results in a \n reduction or elimination of lead-based paint \n hazards.'';\n (2) by redesignating paragraphs (4) through (12) and \n paragraphs (13) through (17) as paragraphs (5) through (13) and \n paragraphs (15) through (19), respectively;\n (3) by inserting after paragraph (3) the following:\n ``(4) Emergency renovation.--The term `emergency \n renovation' means a renovation, replacement, or repair activity \n that--\n ``(A) was not planned; and\n ``(B) results from a sudden, unexpected event that, \n if not immediately attended to--\n ``(i) presents a risk to the public health \n or safety; or\n ``(ii) threatens to cause significant \n damage to equipment or property.'';\n (4) by striking paragraph (10) (as redesignated by \n paragraph (2)) and inserting the following:\n ``(10) Lead-based paint.--The term `lead-based paint' means \n paint or other surface coatings that contain lead--\n ``(A) in excess of--\n ``(i) 1.0 milligrams per centimeter \n squared; or\n ``(ii) 0.5 percent by weight; or\n ``(B) in the case of paint or other surface \n coatings on target housing, the lower level established \n by the Secretary of Housing and Urban Development under \n section 302(c) of the Lead-Based Paint Poisoning \n Prevention Act (42 U.S.C. 4801 et seq.).'';\n (5) by inserting after paragraph (13) (as redesignated by \n paragraph (2)) the following:\n ``(14) Post-abatement clearance testing.--The term `post-\n abatement clearance testing' means a test that--\n ``(A) is carried out on the completion of any lead-\n based paint activity to ensure that--\n ``(i) the reduction is complete; and\n ``(ii) no lead-contaminated dust hazards \n remain in the dwelling unit or worksite; and\n ``(B) includes a visual assessment and the \n collection and analysis of environmental samples from \n the dwelling or worksite.''; and\n (6) by adding at the end the following:\n ``(20) Test kit.--The term `test kit' means a chemical test \n that has the ability to determine the presence of lead in a \n paint chip, paint powder, or painted surface at a level that is \n equal to or in excess of--\n ``(A) 1.0 milligrams per centimeter squared; or\n ``(B) 0.5 percent by weight.''.\n\nSEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.\n\n Section 402(c) of the Toxic Substances Control Act (15 U.S.C. \n2682(c)) is amended--\n (1) by striking paragraph (2) and inserting the following:\n ``(2) Study of certification.--\n ``(A) In general.--Prior to proposing any new \n regulation applicable to target housing or public or \n commercial buildings constructed before 1978, the \n Administrator shall conduct a study of the extent to \n which persons engaged in various types of renovation \n and remodeling activities in the target housing or \n public or commercial buildings constructed before \n 1978--\n ``(i) are exposed to lead in the conduct of \n those activities; or\n ``(ii) disturb lead and create a lead-based \n paint hazard on a regular or occasional basis.\n ``(B) Completion.--The Administrator shall complete \n each study under subparagraph (A) and publish the \n results of that study not later than 1 year prior to \n proposing any new regulation applicable to a structure \n or dwelling described in subparagraph (A).'';\n (2) in paragraph (3)--\n (A) in the first sentence, by striking ``Within 4 \n years'' and inserting the following:\n ``(A) In general.--Not later than 4 years'';\n (B) in the second sentence, by striking ``In \n determining'' and inserting the following:\n ``(B) Use of study.--In determining'';\n (C) in the third sentence, by striking ``If the \n Administrator'' and inserting the following:\n ``(C) Determination of administrator.--If the \n Administrator''; and\n (D) by adding at the end the following:\n ``(D) Exemption.--An emergency renovation shall be \n exempt from any regulation promulgated by the \n Administrator under this paragraph.\n ``(E) Prohibition on post-abatement clearance \n requirement.--No regulation promulgated by the \n Administrator under this paragraph shall require post-\n abatement clearance testing.''; and\n (3) by adding at the end the following:\n ``(4) Target housing owners.--\n ``(A) In general.--Not later than 60 days after the \n date of enactment of this paragraph and subject to \n subparagraph (B), in promulgating any regulation \n relating to renovation or remodeling activities in \n target housing in which the owner resides, the \n Administrator shall include a provision that permits \n the owner to authorize the renovation or remodeling \n contractor to forego compliance with that regulation.\n ``(B) Restriction.--The Administrator shall only \n permit an owner of target housing to forgo compliance \n with a regulation under this paragraph if--\n ``(i) no pregnant woman or child under the \n age of 6 resides in the target housing as of \n the date on which the renovation or remodeling \n commences; and\n ``(ii) the owner submits to the renovation \n or remodeling contractor written certification \n that--\n ``(I) the renovation or remodeling \n project is to be carried out at the \n target housing of the owner;\n ``(II) no pregnant woman or child \n under the age of 6 resides in the \n target housing as of the date on which \n the renovation or remodeling commences; \n and\n ``(III) the owner acknowledges \n that, in carrying out the project, the \n renovation or remodeling contractor \n will be exempt from employing the work \n practices required by a regulation \n promulgated under this subsection.\n ``(C) Limitation of contractor liability.--A \n contractor that receives written certification \n described in subparagraph (B)(ii) shall be exempt from \n liability resulting from any misrepresentation of the \n owner of the target housing.\n ``(5) Test kits.--\n ``(A) In general.--In making a certification \n determination under this subsection, the Administrator \n shall allow contractors to use commercially available \n lead-based paint test kits that comply with the \n positive and negative response criteria established by \n the Administrator.\n ``(B) Test kit approval.--\n ``(i) In general.--The Administrator shall \n establish a process by which the Administrator \n shall identify and approve a test kit that--\n ``(I) meets the criteria described \n in subparagraph (A);\n ``(II) is inexpensively and \n commercially available;\n ``(III) does not require special \n training to use the test kit; and\n ``(IV) enables users to determine \n the presence of lead at the job site in \n accordance with the criteria described \n in subparagraph (A) without the need \n for off-site laboratory analysis.\n ``(ii) Suspension of regulations.--\n ``(I) In general.--If the \n Administrator is unable to determine \n that 1 or more test kits under clause \n (i) exists, the Administrator shall \n suspend the implementation of any \n applicable regulation under this \n subsection relating to renovation or \n remodeling, except for owners described \n in paragraph (4)(B), until the date on \n which the Administrator--\n ``(aa) identifies and \n approves 1 or more test kits \n under clause (i); and\n ``(bb) publishes in the \n Federal Register notice of that \n identification and approval.\n ``(II) Duration.--The Administrator \n shall remove the suspension under this \n clause not earlier than 45 days after \n the date on which notification of the \n identification and approval of the test \n kit is published in the Federal \n Register in accordance with subclause \n (I)(bb).\n ``(III) Applicability.--This clause \n shall--\n ``(aa) only apply to \n regulations that permit an \n owner of target housing to \n authorize a renovation or \n remodeling contractor to forego \n compliance with the regulation; \n and\n ``(bb) not affect any other \n regulation issued under this \n subsection.\n ``(6) Applicability of certain penalties.--Any regulation \n promulgated by the Administrator under this section requiring \n the submission of documentation to the Administrator shall \n provide--\n ``(A) an exemption from penalty for a person who--\n ``(i) is submitting the required \n documentation for the first time; and\n ``(ii) submits documentation that contains \n de minimus or typographical errors, as \n determined by the Administrator; and\n ``(B) a process by which a person described in \n subparagraph (A) may resubmit the required \n documentation.\n ``(7) Accreditation of recertification courses.--Subsection \n (a)(2)(D) shall not apply to any certified renovator \n recertification course that is accredited by the Environmental \n Protection Agency.''.","summary":"Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of abatement any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling. And (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of lead-based paint lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978. And (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing. And (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site. And (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.","title":"A bill to amend the Toxic Substance Control Act relating to lead-based paint renovation and remodeling activities.","text_len":14083,"sum_len":2517} {"bill_id":"109_hr3492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Credit Card Protection Act \nof 2005''.\n\nSEC. 2. PROHIBIT UNIVERSAL DEFAULTS ON CREDIT CARD ACCOUNTS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby adding at the end the following new subsection:\n ``(i) Universal Defaults Prohibited.--\n ``(1) In general.--No creditor may use any adverse \n information concerning any consumer, including any information \n in any consumer report (as defined in section 603) or any \n change in the credit score of the consumer, as the basis for \n increasing any annual percentage rate of interest applicable to \n a credit card account of the consumer under an open end \n consumer credit plan, or to remove or increase any introductory \n annual percentage rate of interest applicable to such account, \n for reasons other than actions or omissions of the consumer \n that are directly related to such account.\n ``(2) Notice to consumer.--The limitation under paragraph \n (1) on the use of adverse information by a credit card issuer \n shall be clearly and conspicuously described to the consumer by \n the credit card issuer in any disclosure or statement required \n under subsection (a) or (b).''.\n\nSEC. 3. BOX DISCLOSURE OF PAYMENT PERIOD FOR MINIMUM PAYMENTS ON CREDIT \n CARD BALANCE.\n\n Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is \namended by adding at the end the following new paragraph:\n ``(12) Minimum payment terms.--\n ``(A) In general.--In a clear and conspicuous \n manner, repayment information applicable with respect \n to any outstanding balance on the account, including \n the following expressed in a tabular format and in \n close proximity:\n ``(i) The required minimum monthly payment \n on that balance, represented as both a dollar \n figure and a percentage of the outstanding \n balance.\n ``(ii) The number of months (rounded to the \n nearest month) that it would take to pay the \n entire amount of the current outstanding \n balance if--\n ``(I) the consumer pays only the \n required minimum monthly payments (as \n in effect at the time such statement is \n issued); and\n ``(II) no further advances or \n extensions of credit are made with \n respect to such account.\n ``(B) Applicable terms.--\n ``(i) Applicable apr.--Subject to clause \n (ii), in making any determination required for \n purposes of the disclosures under subparagraph \n (A), the creditor shall apply any applicable \n annual percentage rate of interest in effect on \n the date on which the disclosure is made, \n taking into account the different rates that \n may be applicable with respect to different \n portions of the outstanding balance, without \n regard to whether any such rate is a fixed rate \n or a variable rate.\n ``(ii) Introductory rate.--If the annual \n percentage rate of interest in effect on the \n date on which the disclosure is made is a \n temporary or introductory rate that will change \n pursuant to a contractual provision applying an \n index or formula for subsequent interest rate \n adjustment, the creditor shall apply--\n ``(I) the annual percentage rate of \n interest in effect on the date on which \n the disclosure is made, in making a \n determination for the balance of the \n introductory or temporary period, and\n ``(II) an annual percentage rate of \n interest, based on an index, formula, \n or contractual provision that is, or \n but for the temporary or introductory \n rate referred to in subclause (I) would \n be, in effect as of the date on which \n the disclosure is made, in making a \n determination for the remainder of the \n amortization period.''.\n\nSEC. 4. ADVANCED NOTICE REQUIRED BEFORE INCREASING RATES OR FEES ON \n CREDIT CARD ACCOUNTS.\n\n Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended \nby inserting after subsection (i) (as added by section 2 of this Act) \nthe following new subsection:\n ``(j) Advance Notice of Increase in Any Interest Rate and \nImposition of Any Fee Required.--\n ``(1) Interest rates.--In the case of any credit card \n account under an open end consumer credit plan, no increase in \n any annual percentage rate of interest (other than an increase \n due to the expiration of any introductory percentage rate of \n interest) applicable to such account, or any portion of any \n outstanding balance on such account--\n ``(A) may take effect before the beginning of the \n billing cycle which begins not less than--\n ``(i) 30 days after the obligor receives a \n specific notice of such increase in accordance \n with paragraph (3), in the case of any change \n in any such annual percentage rate that is due \n solely to a change in another rate of interest \n to which such rate is indexed; or\n ``(ii) 60 days after the obligor receives a \n specific notice of such increase in accordance \n with paragraph (3), in the case of any change \n in any such annual percentage rate that is not \n described in clause (i); and\n ``(B) may, in the case of any change in any such \n annual percentage rate that is not described in \n subparagraph (A)(i), apply to any outstanding balance \n of credit under such plan as of the date of the notice \n of the increase required under subparagraph (A).\n ``(2) Fees.--In the case of any credit card account under \n an open end consumer credit plan, no fee, including any annual \n fee, late payment fee, or over-the-limit fee, may be imposed on \n such account before the end of the 30-day period beginning on \n the date the obligor receives a specific notice of the \n imposition of such fee in accordance with paragraph (3).\n ``(3) Notice requirements.--\n ``(A) In general.--Any notice required under this \n subsection shall be mailed (or e-mailed, if the \n consumer has requested to receive such notices \n electronically) to the obligor separately from any \n statement or other notice and without any advertising \n or other disclosures.\n ``(B) Fee explanation.--In the case of any notice \n pursuant to paragraph (2), the notice shall include an \n explanation of how, when, and why a fee will be imposed \n and what options the obligor may have for addressing \n the imposition of the fee or any reason for such \n imposition, including the prevention of any future \n imposition of such fee.''.","summary":"Consumer Credit Card Protection Act of 2005 - Amends the Truth in Lending Act to prohibit a creditor from using adverse information concerning a consumer as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for reasons other than actions or omissions of the consumer that are directly related to such account . Expands mandatory disclosures governing an open end consumer credit plan to include clear and conspicuous minimum payment terms with respect to the outstanding balance on the account, including prescribed details expressed in tabular format and in close proximity. Requires a creditor to furnish advance notice as a prerequisite to increasing rates or imposing fees on a consumer credit card account.","title":"To amend the Truth in Lending Act to protect consumers from unfair practices of credit card issuers, and for other purposes.","text_len":8432,"sum_len":922} {"bill_id":"115_hr3077","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Senior Citizens' Freedom to Work Act \nof 2017''.\n\nSEC. 2. REPEAL OF THE RETIREMENT EARNINGS TEST.\n\n (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and \n(k) of section 203 of the Social Security Act (42 U.S.C. 403) are \nrepealed.\n (b) Conforming Amendments.--Section 203 of such Act (as amended by \nsubsection (a)) is further amended--\n (1) by redesignating subsections (c), (e), (g), and (l) as \n subsections (b), (c), (d), and (e), respectively;\n (2) in subsection (b) (as so redesignated)--\n (A) by striking ``Noncovered Work Outside the \n United States or'';\n (B) by redesignating paragraphs (2), (3), and (4) \n as paragraphs (1), (2), and (3), respectively;\n (C) by striking ``paragraphs (2), (3), and (4) \n of''; and\n (D) by striking the last sentence.\n (3) in subsection (c) (as so redesignated), by striking \n ``subsections (c) and (d)'' and inserting ``subsection (b)'';\n (4) in subsection (d) (as so redesignated), by striking \n ``subsection (c)'' each place it appears and inserting \n ``subsection (b)''; and\n (5) in subsection (e) (as so redesignated), by striking \n ``subsection (g) or (h)(1)(A)'' and inserting ``subsection \n (d)''.\n (c) Additional Conforming Amendments.--\n (1) Provisions relating to benefits terminated upon \n deportation.--Section 202(n)(1) of the Social Security Act (42 \n U.S.C. 402(n)(1)) is amended by striking ``Section 203(b), (c), \n and (d)'' and inserting ``Section 203(b)''.\n (2) Provisions relating to exemptions from reductions based \n on early retirement.--Section 202(q) of such Act (42 U.S.C. \n 402(q)) is amended--\n (A) in paragraph (5)(B), by striking ``section \n 203(c)(2)'' and inserting ``section 203(b)(1)''; and\n (B) in paragraph (7)(A), by striking ``deductions \n under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' \n and inserting ``deductions on account of work under \n section 203 (as in effect on the day before the date of \n the enactment of the Senior Citizens' Freedom to Work \n Act of 2017) or deductions under section 222(b)''.\n (3) Provisions relating to exemptions from reductions based \n on disregard of certain entitlements to child's insurance \n benefits.--Section 202(s) of such Act (42 U.S.C. 402(s)) is \n amended--\n (A) in paragraph (1), by striking ``paragraphs (2), \n (3), and (4) of section 203(c)'' and inserting \n ``paragraphs (1), (2), and (3) of section 203(b)''; and\n (B) in paragraph (3), by striking ``The last \n sentence of subsection (c) of section 203, subsection \n (f)(1)(C) of section 203, and subsections'' and \n inserting ``Subsections''.\n (4) Provisions relating to suspension of aliens' \n benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) \n is amended by striking ``Subsections (b), (c), and (d)'' and \n inserting ``Subsection (b)''.\n (5) Provisions relating to reductions in benefits based on \n maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 \n U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and \n subsections (b), (c), and (d)'' and inserting ``and subsection \n (b)''.\n (6) Provisions relating to penalties for misrepresentations \n concerning earnings for periods subject to deductions on \n account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C. \n 408(a)(1)(C)) is amended by striking ``under section 203(f) of \n this title for purposes of deductions from benefits'' and \n inserting ``under section 203 (as in effect on the day before \n the date of the enactment of the Senior Citizens' Freedom to \n Work Act of 2017) for purposes of deductions from benefits on \n account of work''.\n (7) Provisions taking into account earnings in determining \n benefit computation years.--Clause (I) in the next to last \n sentence of section 215(b)(2)(A) of such Act (42 U.S.C. \n 415(b)(2)(A)) is amended by striking ``no earnings as described \n in section 203(f)(5) in such year'' and inserting ``no wages, \n and no net earnings from self-employment (in excess of net loss \n from self-employment), in such year''.\n (8) Provisions relating to rounding of benefits.--Section \n 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking \n ``and any deduction under section 203(b)''.\n (9) Provisions defining income for purposes of ssi.--\n Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--\n (A) in paragraph (1)(A), by striking ``as \n determined under section 203(f)(5)(C)'' and inserting \n ``as defined in the last two sentences of this \n subsection''; and\n (B) by adding at the end (after and below paragraph \n (2)(H)) the following:\n``For purposes of paragraph (1)(A), the term `wages' means wages as \ndefined in section 209, but computed without regard to the limitations \nas to amounts of remuneration specified in paragraphs (1), (6)(B), \n(6)(C), (7)(B), and (8) of section 209(a). In making the computation \nunder the preceding sentence, (A) services which do not constitute \nemployment as defined in section 210, performed within the United \nStates by an individual as an employee or performed outside the United \nStates in the active military or naval services of the United States, \nshall be deemed to be employment as so defined if the remuneration for \nsuch services is not includible in computing the individual's net \nearnings or net loss from self-employment for purposes of title II, and \n(B) the term `wages' shall be deemed not to include (i) the amount of \nany payment made to, or on behalf of, an employee or any of his or her \ndependents (including any amount paid by an employer for insurance or \nannuities, or into a fund, to provide for any such payment) on account \nof retirement, or (ii) any payment or series of payments by an employer \nto an employee or any of his or her dependents upon or after the \ntermination of the employee's employment relationship because of \nretirement after attaining an age specified in a plan referred to in \nsection 209(a)(11)(B) or in a pension plan of the employer.''.\n (d) Repeal of Deductions on Account of Work Under the Railroad \nRetirement Program.--\n (1) In general.--Section 2 of the Railroad Retirement Act \n of 1974 (45 U.S.C. 231a) is amended--\n (A) by striking subsection (f); and\n (B) by striking subsection (g)(2) and by \n redesignating subsection (g)(1) as subsection (g).\n (2) Conforming amendments.--\n (A) Section 3(f)(1) of such Act (45 U.S.C. \n 231b(f)(1)) is amended in the first sentence by \n striking ``before any reductions under the provisions \n of section 2(f) of this Act,''.\n (B) Section 4(g)(2) of such Act (45 U.S.C. \n 231c(g)(2)) is amended--\n (i) in clause (i), by striking ``shall, \n before any deductions under section 2(g) of \n this Act,'' and inserting ``shall''; and\n (ii) in clause (ii), by striking ``any \n deductions under section 2(g) of this Act and \n before''.\n (e) Effective Date.--The amendments made by this section shall \napply with respect to taxable years ending after December 31, 2018.","summary":"Senior Citizens' Freedom to Work Act of 2017 This bill amends title II (OASDI) of the Social Security Act to remove limitations on the amount of outside income that an OASDInbsp, beneficiary may earn without incurring a reduction in benefits.","title":"Senior Citizens\u2019 Freedom to Work Act of 2017","text_len":8119,"sum_len":242} {"bill_id":"112_s2025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Redundant Remapping Reform Act of \n2011''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the term ``Administrator'' means the Administrator of \n the Federal Emergency Management Agency;\n (2) the term ``covered period'' means--\n (A) with respect to a levee for which the Army \n Corps of Engineers has entered into a cost sharing \n agreement, the 48-month period beginning on the date on \n which the Army Corps of Engineers makes available any \n funds required to be made available by the Army Corps \n of Engineers under the agreement; and\n (B) with respect to a levee not described in \n subparagraph (A), the 48-month period beginning on the \n date on which the Administrator commences an update of \n a National Flood Insurance Program rate map that \n includes an area protected by the levee;\n (3) the term ``National Flood Insurance Program'' means the \n program established under the National Flood Insurance Act of \n 1968 (42 U.S.C. 4011 et seq.); and\n (4) the term ``qualified levee'' means a levee that is \n being constructed or modified, if the owner of the levee enters \n into an agreement with the Administrator that the construction \n or modification will be completed before the end of a covered \n period relating to the qualified levee.\n\nSEC. 3. REMAPPING OF AREAS PROTECTED BY CERTAIN LEVEES.\n\n (a) Levees Undergoing Accreditation.--The Administrator may not \nupdate or publish a National Flood Insurance Program rate map during a \ncovered period with respect to an area that is protected by a levee--\n (1) for which a community or other party has sought \n recognition under section 65.10 of title 44, Code of Federal \n Regulations, or any successor thereto; and\n (2) with respect to which the Administrator has not issued \n a Letter of Final Determination.\n (b) Levees Undergoing Planning, Construction, or Rehabilitation.--\n (1) Prohibition.--Except as provided in paragraph (2), the \n Administrator may not update or publish a National Flood \n Insurance Program rate map during a covered period with respect \n to an area that is protected by a qualified levee that is being \n planned, constructed, or rehabilitated, if the scheduled \n completion date for the planning, construction, or \n rehabilitation occurs during the covered period.\n (2) Exceptions.--The Administrator may update or publish a \n National Flood Insurance Program rate map during a covered \n period with respect to an area that is protected by a qualified \n levee described in paragraph (1)--\n (A) on or after the date on which the construction \n or rehabilitation of the qualified levee is completed; \n or\n (B) on or after the date on which the Administrator \n determines that the planning, construction, or \n rehabilitation of the qualified levee is experiencing \n an indefinite delay.\n (3) Scheduled completion date.--For purposes of this \n subsection, the scheduled completion date for planning, \n construction, or rehabilitation of a qualified levee shall be \n determined by an engineer responsible for the design, \n modification, or construction of the qualified levee, taking \n into consideration the actual condition of the qualified levee.\n (c) Notification of Affected Persons.--\n (1) Draft notice.--Not later than 60 days after the date of \n enactment of this Act, the Administrator shall publish a notice \n to be used by owners of qualified levees subject to this \n section to disclose to persons affected by the qualified \n levees--\n (A) information relating to the possible dangers of \n living in an area affected by the qualified levees \n without flood insurance coverage;\n (B) information relating to the availability of \n flood insurance coverage; and\n (C) any other information that the Administrator \n determines is necessary.\n (2) Notice by owners of levees.--\n (A) In general.--Except as provided in subparagraph \n (B), not later than 30 days after the commencement of a \n covered period, the owner of the qualified levee to \n which the covered period relates shall provide the \n notice published under paragraph (1) to each person \n identified by the owner of the qualified levee as a \n person affected by the qualified levee.\n (B) Exception.--In the case of a covered period \n that commences before the date on which the \n Administrator publishes the notice under paragraph (1), \n the owner of the qualified levee to which the covered \n period relates shall provide the notice required under \n subparagraph (A) to each person identified by the owner \n of the qualified levee as a person affected by the \n qualified levee as soon as practicable after the date \n on which the Administrator publishes the notice.\n (d) Reporting Requirements.--During a covered period relating to a \nqualified levee, the owner of the qualified levee (or a designee of the \nowner) shall submit to the Administrator a quarterly report that \ncontains--\n (1) a description of the progress of the construction or \n modification of the qualified levee; and\n (2) an estimate of the scheduled completion date of the \n construction or modification of the qualified levee, as \n determined by an engineer responsible for the design, \n modification, or construction of the qualified levee, taking \n into consideration the actual condition of the qualified levee.","summary":"Redundant Remapping Reform Act of 2011 - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from updating or publishing a National Flood Insurance Program rate map during a covered period with respect to an area protected by a levee that is undergoing accreditation, planning, construction, or rehabilitation. Instructs the Administrator to publish a notice to be used by owners of qualified levees to disclose to persons affected by such levees. Requires owners of qualified levees to provide such notice to each person identified as affected by the qualified levee.","title":"A bill to postpone the remapping of areas protected by certain levees for purposes of the National Flood Insurance Act of 1968, and for other purposes.","text_len":6331,"sum_len":594} {"bill_id":"111_hr5968","text":"SECTION 1. SHORT TITLE.\n\n This Act may cited as the ``District of Columbia Full Self-\nGovernment Act''.\n\n TITLE I--STATUS OF THE DISTRICT OF COLUMBIA\n\nSEC. 101. STATUS OF THE DISTRICT.\n\n (a) In General.--All of the territory constituting the permanent \nseat of the Government of the United States shall continue to be \ndesignated as the District of Columbia. The District of Columbia shall \nremain and continue a body corporate, as provided in section 2 of the \nRevised Statutes relating to the District (sec. 1-102, D.C. Official \nCode).\n (b) No Effect on Existing Laws.--No law or regulation which is in \nforce on the effective date of this Act shall be deemed amended or \nrepealed by this Act except to the extent specifically provided herein \nor to the extent that such law or regulation is inconsistent with this \nAct, but any such law or regulation may be amended or repealed by act \nor resolution as authorized in this Act, or by Act of Congress.\n (c) No Effect on Boundary Line.--Nothing contained in this section \nshall affect the boundary line between the District of Columbia and the \nCommonwealth of Virginia as the same was established or may be \nsubsequently established under the provisions of title I of the Act of \nOctober 31, 1945 (59 Stat. 552).\n\nSEC. 102. LEGISLATIVE POWER OF DISTRICT OF COLUMBIA.\n\n Except as provided in section 202, the legislative power of the \nDistrict of Columbia shall extend to all rightful subjects of \nlegislation within the District consistent with the Constitution of the \nUnited States and the provisions of this Act subject to all the \nrestrictions and limitations imposed upon the States by the tenth \nsection of the first article of the Constitution of the United States.\n\n TITLE II--LEGISLATIVE BRANCH\n\nSEC. 201. ESTABLISHMENT OF THE COUNCIL.\n\n (a) Establishment.--There is established a Council of the District \nof Columbia (hereafter in this Act referred to as the ``Council''), and \nthe members of the Council shall be elected by the registered qualified \nelectors of the District.\n (b) Powers, Organization, and Procedure.--The powers, organization, \nand procedure of the Council shall be set forth under such laws as may \nbe enacted by the District of Columbia consistent with the provisions \nof this Act.\n\nSEC. 202. LIMITATIONS ON AUTHORITY.\n\n The Council shall have no authority to pass any act contrary to the \nprovisions of this Act except as specifically provided in this Act, or \nto--\n (1) impose any tax on property of the United States or any \n of the several States;\n (2) lend the public credit for support of any private \n undertaking;\n (3) enact any act, or enact any act to amend or repeal any \n Act of Congress, which concerns the functions or property of \n the United States or which is not restricted in its application \n exclusively in or to the District of Columbia;\n (4) enact any act, resolution, or rule with respect to any \n provision of title 11 of the District of Columbia Official Code \n (relating to organization and jurisdiction of the District of \n Columbia courts);\n (5) impose any tax on the whole or any portion of the \n personal income, either directly or at the source thereof, of \n any individual not a resident of the District (the terms \n ``individual'' and ``resident'' in this paragraph to have the \n meaning given such terms in section 47-1801.04, D.C. Official \n Code);\n (6) enact any act, resolution, or rule which permits the \n building of any structure within the District of Columbia in \n excess of the height limitations contained in section 5 of the \n Act of June 1, 1910 (sec. 5-405, D.C. Official Code), and in \n effect on the effective date of this Act;\n (7) enact any act, resolution, or regulation with respect \n to the Commission of Mental Health;\n (8) enact any act or regulation relating to the United \n States District Court for the District of Columbia or any other \n court of the United States in the District other than the \n District courts, or relating to the duties or powers of the \n United States attorney or the United States Marshal for the \n District of Columbia; or\n (9) enact any act, resolution, or rule with respect to the \n District of Columbia Financial Responsibility and Management \n Assistance Authority established under section 101(a) of the \n District of Columbia Financial Responsibility and Management \n Assistance Act of 1995.\n\n TITLE III--EXECUTIVE BRANCH\n\nSEC. 301. OFFICE OF THE MAYOR.\n\n (a) Establishment.--There is established the Office of the Mayor of \nthe District of Columbia, and the Mayor shall be elected by the \nregistered qualified electors of the District.\n (b) Powers and Duties.--The powers and duties of the Mayor of the \nDistrict of Columbia, and the organization of the Office of the Mayor \nof the District of Columbia, shall be set forth under such laws as may \nbe enacted by the District of Columbia consistent with the provisions \nof this Act.\n\nSEC. 302. TREATMENT OF EMPLOYEES FORMERLY COVERED BY FEDERAL CIVIL \n SERVICE SYSTEM.\n\n In the case of persons employed by the District government \nimmediately preceding the effective date of the personnel system \nestablished by the District government pursuant to section 422(3) of \nthe District of Columbia Home Rule Act, the personnel system of the \nDistrict government may provide for continued participation in all or \npart of the Federal Civil Service System and shall provide for \nbenefits, including but not limited to pay, tenure, leave, residence, \nretirement, health and life insurance, and employee disability and \ndeath benefits, all at least equal to those provided by legislation \nenacted by Congress, or regulation adopted pursuant thereto, and \napplicable to such officers and employees immediately prior to such \ndate, except that nothing in this Act shall prohibit the District from \nseparating an officer or employee subject to such system in the \nimplementation of a financial plan and budget for the District \ngovernment approved under subtitle A of title II of the District of \nColumbia Financial Responsibility and Management Assistance Act of \n1995.\n\nSEC. 303. RESTRICTIONS ON CERTAIN MUNICIPAL PLANNING ACTIVITIES.\n\n The Mayor's planning responsibility shall not extend to Federal and \ninternational projects and developments in the District, as determined \nby the National Capital Planning Commission, or to the United States \nCapitol buildings and grounds as defined in chapter 51 of title 40, \nUnited States Code, or to any extension thereof or addition thereto, or \nto buildings and grounds under the care of the Architect of the \nCapitol.\n\nSEC. 304. EMERGENCY CONTROL OF METROPOLITAN POLICE DEPARTMENT.\n\n (a) Authority of President To Exercise Control in Emergencies.--\n (1) Authority.--Notwithstanding any other provision of law, \n whenever the President of the United States determines that \n special conditions of an emergency nature exist which require \n the use of the Metropolitan Police force for Federal purposes, \n he may direct the Mayor to provide him, and the Mayor shall \n provide, such services of the Metropolitan Police force as the \n President may deem necessary and appropriate.\n (2) Limitation of duration of authority.--In no case shall \n services made available pursuant to any direction of the \n President under this subsection extend--\n (A) for a period in excess of 48 hours unless the \n President has, prior to the expiration of such period, \n notified the chairman and ranking minority member of \n the Committee on Oversight and Government Reform of the \n House of Representatives and the chairman and ranking \n minority member of the Committee on Homeland Security \n and Governmental Affairs of the Senate, in writing, as \n to the reason for such direction and the period of time \n during which the need for such services is likely to \n continue; or\n (B) for any period in excess of 30 days, unless the \n Senate and the House of Representatives enact into law \n a joint resolution authorizing such an extension.\n (b) Termination.--\n (1) In general.--Subject to paragraph (2), the services \n made available in accordance with subsection (a) shall \n terminate upon the end of such emergency, the expiration of a \n period of 30 days following the date on which such services are \n first made available, or the enactment into law of a joint \n resolution by the Congress providing for such termination, \n whichever first occurs.\n (2) Special rule in case of adjournment of congress sine \n die.--Notwithstanding paragraph (1), in any case in which \n services are made available in accordance with subsection (a) \n during any period of an adjournment of the Congress sine die, \n such services shall terminate upon the end of the emergency, \n the expiration of the 30-day period following the date on which \n Congress first convenes following such adjournment, or the \n enactment into law of a joint resolution by the Congress \n providing for such termination, whichever first occurs.\n\n TITLE IV--JUDICIAL BRANCH\n\nSEC. 401. JUDICIAL BRANCH.\n\n The judicial powers of the District of Columbia, and the provisions \nof the charter of the District of Columbia government which are \napplicable to the judges and courts of the District of Columbia, shall \nbe those set forth in part C of title IV of the District of Columbia \nHome Rule Act (sec. 1-204.31 et seq., D.C. Official Code), as in effect \non the effective date of this Act.\n\n TITLE V--BUDGET AND FINANCIAL MANAGEMENT\n\nSEC. 501. APPLICATION OF LAWS ESTABLISHED BY DISTRICT OF COLUMBIA.\n\n (a) Budget and Financial Management.--Subject to this Act, the \nprocess by which the District of Columbia develops and enacts the \nbudget for the District government for a fiscal year, and the \nactivities carried out with respect to the financial management of the \nDistrict government for a fiscal year, shall be established under such \nlaws as may be enacted by the District.\n (b) Borrowing.--Subject to this Act, the process and rules by which \nthe District of Columbia issues bonds or otherwise borrows money shall \nbe established under such laws as may be enacted by the District.\n\nSEC. 502. FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED.\n\n The full faith and credit of the United States is not pledged for \nthe payment of any principal of or interest on any bond, note, or other \nobligation issued by the District of Columbia, and the United States is \nnot responsible or liable for the payment of any principal of or \ninterest on any bond, note, or other obligation issued by the District.\n\nSEC. 503. FEDERAL TAX EXEMPTION.\n\n Bonds and notes issued by the District of Columbia and the interest \nthereon shall be exempt from all Federal taxation except estate, \ninheritance, and gift taxes.\n\nSEC. 504. LEGAL INVESTMENT IN BONDS AND NOTES ISSUED BY DISTRICT OF \n COLUMBIA.\n\n Notwithstanding any restriction on the investment of funds by \nfiduciaries contained in any other law, all domestic insurance \ncompanies, domestic insurance associations, executors, administrators, \nguardians, trustees, and other fiduciaries within the District of \nColumbia may legally invest any sinking funds, moneys, trust funds, or \nother funds belonging to them or under or within their control in any \nbonds issued by the District of Columbia. National banking associations \nare authorized to deal in, underwrite, purchase and sell, for their own \naccounts or for the accounts of customers, bonds and notes issued by \nthe District to the same extent as national banking associations are \nauthorized by paragraph seven of section 5136 of the Revised Statutes \n(12 U.S.C. 24), to deal in, underwrite, purchase and sell obligations \nof the United States, States, or political subdivision thereof. All \nFederal building and loan associations and Federal savings and loan \nassociations, and banks, trust companies, building and loan \nassociations, and savings and loan associations, domiciled in the \nDistrict may purchase, sell, underwrite, and deal in, for their own \naccount or for the account of others, all bonds or notes issued by the \nDistrict of Columbia. Nothing contained in this section shall be \nconstrued as relieving any person, firm, association, or corporation \nfrom any duty of exercising due and reasonable care in selecting \nsecurities for purchase or investment.\n\n TITLE VI--RETENTION OF FEDERAL AUTHORITIES\n\nSEC. 601. RETENTION OF CONGRESSIONAL AUTHORITY.\n\n Notwithstanding any other provision of this Act, Congress reserves \nthe right, at any time, to exercise its constitutional authority as \nlegislature for the District of Columbia, by enacting legislation for \nthe District on any subject, whether within or without the scope of \nlegislative power granted to the Council by this Act, including \nlegislation to amend or repeal any law in force in the District prior \nto or after the effective date of this Act and any act passed by the \nCouncil.\n\nSEC. 602. LIMITATION ON AUTHORITY OF DISTRICT OVER CERTAIN AGENCIES.\n\n Nothing in this Act shall be construed as vesting in the District \nof Columbia government any greater authority over the National \nZoological Park, the National Guard of the District of Columbia, the \nWashington Aqueduct, the National Capital Planning Commission, or over \nany Federal agency, than was vested in the Commissioner of the District \nof Columbia established under Reorganization Plan Numbered 3 of 1967 \nprior to January 2, 1975.\n\n TITLE VII--TERMINATION OF EXISTING CHARTER; TRANSITION\n\nSEC. 701. TERMINATION OF EXISTING CHARTER.\n\n (a) In General.--Except as provided in section 401 and subsection \n(b), the District of Columbia Home Rule Act (sec. 1-201.01 et seq., \nD.C. Official Code) is repealed.\n (b) No Effect on Amendatory Provisions.--Nothing in subsection (a) \nshall be construed to affect any provision of law which is amended or \nrepealed by the District of Columbia Home Rule Act.\n\nSEC. 702. NO EFFECT ON EXISTING OBLIGATIONS.\n\n (a) Budgets.--Nothing in this Act or in the amendment made by \nsection 701 may be construed to relieve the District of Columbia of any \ncontractual or other financial obligations incurred by the District \nunder a budget enacted for a fiscal year prior to the effective date of \nthis Act.\n (b) Borrowing.--Nothing in this Act or in the amendment made by \nsection 701 may be construed--\n (1) to relieve the District of Columbia of any obligation \n incurred with respect to bonds or other forms of borrowing \n issued prior to the effective date of this Act; or\n (2) to waive the application to the District of Columbia of \n any other Federal law governing the borrowing of funds by \n States or units of local government, including the Internal \n Revenue Code of 1986.\n\nSEC. 703. NO EFFECT ON INDIVIDUALS HOLDING POSITIONS WITHIN DISTRICT \n GOVERNMENT.\n\n Nothing in this Act or in the amendment made by section 701 may be \nconstrued to affect the status of any individual who holds elective or \nappointed office in, or is an officer or employee of, the government of \nthe District of Columbia as of the effective date of this Act.\n\nSEC. 704. NO EFFECT ON PENDING ACTIONS OR PROCEEDINGS.\n\n No suit, action, or other judicial proceeding lawfully commenced by \nor against any officer or agency in his or its official capacity or in \nrelation to the exercise of his or its official functions, and no \nadministrative action or proceeding lawfully commenced, shall abate by \nreason of this Act or the amendment made by section 701.\n\n TITLE VIII--EFFECTIVE DATE\n\nSEC. 801. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect on \nthe effective date of legislation enacted by the District of Columbia \nafter the date of the enactment of this Act which establishes--\n (1) the powers, organization, and procedure of the Council \n of the District of Columbia; and\n (2) the powers and duties of the Mayor of the District of \n Columbia, and the organization of the Office of the Mayor of \n the District of Columbia.","summary":"District of Columbia Full Self-Government Act - Declares that: (1) this Act shall have no effect on existing law or regulation unless otherwise repealed or amended by this Act or an Act of Congress. And (2) the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the US Constitution and the provisions of this Act, subject to all the restrictions and limitations imposed upon the states by the Constitution. Establishes a Council of the District of Columbia and the Office of the Mayor. Prescribes requirements for treatment of District employees formerly covered by the Federal Civil Service System. Prohibits the Mayor's planning responsibility from extending to federal and District international projects and developments. Prescribes requirements granting the President emergency control of the Metropolitan Police Department. Declares that the District's judicial powers and the provisions of the District charter applicable to District judges and courts shall be those set forth in the District of Columbia Home Rule Act as in effect on the enactment of this Act. Subjects the process by which the District develops and enacts its fiscal year budget and related financial management activities to such laws as the District may enact. Declares that the full faith and credit of the United States is not pledged for any District obligations, nor is the United States responsible or liable for them. Exempts all District bonds and notes from federal taxation, except estate, inheritance, and gift taxes. Authorizes certain entities to invest in District bonds and notes. Reserves Congress the right to exercise constitutional authority as legislature for the District. Repeals the District of Columbia Home Rule Act , but not any provision of law amended or repealed by such Act.","title":"To establish the charter for the government of the District of Columbia.","text_len":16957,"sum_len":1853} {"bill_id":"104_hr1084","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employees Health Benefits \nAccess Act''.\n\nSEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC.\n\n (a) In General.--Chapter 89 of title 5, United States Code, is \namended by adding at the end the following:\n``Sec. 8915. Provisions to require that benefits be extended to the \n general public\n ``(a) A contract may not be made or a plan approved unless the \ncarrier agrees to offer to the general public, throughout each term for \nwhich the contract or approval remains effective, the same benefits \n(subject to the same maximums, limitations, exclusions, and other \nsimilar terms or conditions) as would be offered under such contract or \nplan to employees and annuitants and their family members.\n ``(b)(1) Premiums for coverage under this section shall be \nestablished in conformance with such requirements as the Office of \nPersonnel Management shall by regulation prescribe, including \nprovisions to ensure conformance with generally accepted standards and \npractices associated with community rating.\n ``(2) In no event shall the enactment of this section result in--\n ``(A) any increase in the level of individual or Government \n contributions required under section 8906 or any other \n provision of this chapter, including copayments or deductibles;\n ``(B) any decrease in the types of benefits offered under \n this chapter; or\n ``(C) any other change that would adversely affect the \n coverage afforded under this chapter to employees and \n annuitants and their family members.\n ``(c) Benefits under this section shall, with respect to an \nindividual who is entitled to benefits under part A of title XVIII of \nthe Social Security Act, be offered (for use in coordination with those \nSocial Security benefits) to the same extent and in the same manner as \nif coverage were under the preceding provisions of this chapter, rather \nthan under this section.\n ``(d)(1) A carrier may file an application with the Office setting \nforth reasons why it, or a plan provided by such carrier, should be \nexcluded from the requirements of this section.\n ``(2) In reviewing any such application, the Office may consider \nsuch factors as--\n ``(A) any bona fide enrollment restrictions which would \n make the application of this section inappropriate, including \n those common to plans which are limited to individuals having a \n past or current employment relationship with a particular \n agency or other authority of the Government;\n ``(B) whether compliance with this section would jeopardize \n the financial solvency of the plan or carrier, or otherwise \n compromise its ability to offer health benefits under the \n preceding provisions of this chapter; and\n ``(C) the anticipated duration of the requested exclusion, \n and what efforts the plan or carrier proposes to take in order \n to be able to comply with this section.\n ``(e) Except as the Office may by regulation prescribe, any \nreference to this chapter (or any requirement of this chapter), made in \nany provision of law, shall not be considered to include this section \n(or any requirement of this section).''.\n (b) Conforming Amendment.--The table of sections for chapter 89 of \ntitle 5, United States Code, is amended by adding at the end the \nfollowing:\n\n``8915. Provisions to require that benefits be extended to the general \n public.''.\n\nSEC. 3. STANDARDIZED CLAIMS PROCESSING.\n\n Section 8902 of title 5, United States Code, is amended by adding \nat the end the following:\n ``(o) A claim for payment or reimbursement under this chapter \n(whether electronic or otherwise) shall be submitted on such a standard \nform or in such a standard manner as may be required by the Office in \nrelation to health benefit plans. Each contract under this chapter \nshall include appropriate provisions to carry out the preceding \nsentence.''.\n\nSEC. 4. ADVANCE DIRECTIVES.\n\n Section 8907 of title 5, United States Code, is amended by adding \nat the end the following:\n ``(c) The Office shall--\n ``(1) prepare information relating to the use of advance \n directives regarding the type or intensity of care which an \n individual desires in the event that such individual becomes \n unable to communicate by reason of incapacity due to illness or \n injury; and\n ``(2) require, as a condition for approval of any contract \n under section 8902, that appropriate provisions be included so \n that such information may be made available to enrollees of the \n plan involved.''.\n\nSEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING \n FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD \n OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS.\n\n (a) In General.--The Office of Personnel Management shall conduct a \ndemonstration project to assess the feasibility and desirability of \noffering the use of arbitration, instead of litigation, to resolve \nmedical malpractice claims arising out of covered health care services.\n (b) Definition.--For the purpose of this section, the term \n``covered health care services'' means any care, treatment, or other \nservice for which the individual who receives such service has coverage \nunder chapter 89 of title 5, United States Code.\n (c) Project Requirements.--\n (1) In general.--The demonstration project shall be \n conducted as a demonstration project under section 4703 of \n title 5, United States Code.\n (2) Plan design.--In developing a plan for such project \n under section 4703 of title 5, United States Code, the Office \n shall include (in addition to any information otherwise \n required)--\n (A) suggestions for incentives that may be offered \n in order to obtain the voluntary participation of \n enrollees, such as reductions in premiums, copayments, \n or deductibles;\n (B) the criteria for identifying the types of \n health benefit plans which are appropriate for \n inclusion, and the procedures and conditions in \n accordance with which any such plan may participate;\n (C) the general framework for arbitration, \n including (to the extent the Office considers \n appropriate) methods for the selection of arbitrators, \n length of hearings, and limitations on damages; and\n (D) the effect of an award resulting from the \n arbitration process, and the extent to which review of \n such an award may be obtained.\n (d) Evaluation.--The evaluation required under section 4703(h) of \ntitle 5, United States Code, with respect to the demonstration project \nshall include data and analysis relating to matters such as--\n (1) the number of claims brought for arbitration;\n (2) how those claims were disposed of (whether by \n settlement, hearing, or otherwise), and the percentage of the \n total number of claims represented by each;\n (3) the average dollar amount of those awards or \n settlements;\n (4) the various costs involved in connection with those \n claims; and\n (5) the advantages and disadvantages of arbitration, \n relative to other methods of dispute resolution, and the extent \n to which arbitration should continue to be used under chapter \n 89 of such title.\n\nSEC. 6. APPLICABILITY.\n\n The amendments made by this Act shall apply with respect to \ncontract terms beginning after the end of the 6-month period beginning \non the date of the enactment of this Act.","summary":"Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe. Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles, (2) decrease in the types of benefits offered. Or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members. Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate. (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits. And (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act. Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans. Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury. And (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved. Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. Sets forth provisions regarding project requirements and evaluation.","title":"Federal Employees Health Benefits Access Act","text_len":8006,"sum_len":2383} {"bill_id":"107_s329","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Peopling of America Theme Study \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) an important facet of the history of the United States \n is the story of how the United States was populated;\n (2) the migration, immigration, and settlement of the \n population of the United States--\n (A) is broadly termed the ``peopling of America''; \n and\n (B) is characterized by--\n (i) the movement of groups of people across \n external and internal boundaries of the United \n States and territories of the United States; \n and\n (ii) the interactions of those groups with \n each other and with other populations;\n (3) each of those groups has made unique, important \n contributions to American history, culture, art, and life;\n (4) the spiritual, intellectual, cultural, political, and \n economic vitality of the United States is a result of the \n pluralism and diversity of the American population;\n (5) the success of the United States in embracing and \n accommodating diversity has strengthened the national fabric \n and unified the United States in its values, institutions, \n experiences, goals, and accomplishments;\n (6)(A) the National Park Service's official thematic \n framework, revised in 1996, responds to the requirement of \n section 1209 of the Civil War Sites Study Act of 1990 (16 \n U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the \n Secretary shall ensure that the full diversity of American \n history and prehistory are represented'' in the identification \n and interpretation of historic properties by the National Park \n Service; and\n (B) the thematic framework recognizes that ``people are the \n primary agents of change'' and establishes the theme of human \n population movement and change--or ``peopling places''--as a \n primary thematic category for interpretation and preservation; \n and\n (7) although there are approximately 70,000 listings on the \n National Register of Historic Places, sites associated with the \n exploration and settlement of the United States by a broad \n range of cultures are not well represented.\n (b) Purposes.--The purposes of this Act are--\n (1) to foster a much-needed understanding of the diversity \n and contribution of the breadth of groups who have peopled the \n United States; and\n (2) to strengthen the ability of the National Park Service \n to include groups and events otherwise not recognized in the \n peopling of the United States.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (2) Theme study.--The term ``theme study'' means the \n national historic landmark theme study required under section \n 4.\n (3) Peopling of america.--The term ``peopling of America'' \n means the migration, immigration, and settlement of the \n population of the United States.\n\nSEC. 4. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF \n AMERICA.\n\n (a) Theme Study Required.--The Secretary shall prepare and submit \nto Congress a national historic landmark theme study on the peopling of \nAmerica.\n (b) Purpose.--The purpose of the theme study shall be to identify \nregions, areas, trails, districts, communities, sites, buildings, \nstructures, objects, organizations, societies, and cultures that--\n (1) best illustrate and commemorate key events or decisions \n affecting the peopling of America; and\n (2) can provide a basis for the preservation and \n interpretation of the peopling of America that has shaped the \n culture and society of the United States.\n (c) Identification and Designation of Potential New National \nHistoric Landmarks.--\n (1) In general.--The theme study shall identify and \n recommend for designation new national historic landmarks.\n (2) List of appropriate sites.--The theme study shall--\n (A) include a list, in order of importance or \n merit, of the most appropriate sites for national \n historic landmark designation; and\n (B) encourage the nomination of other properties to \n the National Register of Historic Places.\n (3) Designation.--On the basis of the theme study, the \n Secretary shall designate new national historic landmarks.\n (d) National Park System.--\n (1) Identification of sites within current units.--The \n theme study shall identify appropriate sites within units of \n the National Park System at which the peopling of America may \n be interpreted.\n (2) Identification of new sites.--On the basis of the theme \n study, the Secretary shall recommend to Congress sites for \n which studies for potential inclusion in the National Park \n System should be authorized.\n (e) Continuing Authority.--After the date of submission to Congress \nof the theme study, the Secretary shall, on a continuing basis, as \nappropriate to interpret the peopling of America--\n (1) evaluate, identify, and designate new national historic \n landmarks; and\n (2) evaluate, identify, and recommend to Congress sites for \n which studies for potential inclusion in the National Park \n System should be authorized.\n (f) Public Education and Research.--\n (1) Linkages.--\n (A) Establishment.--On the basis of the theme \n study, the Secretary may identify appropriate means for \n establishing linkages--\n (i) between--\n (I) regions, areas, trails, \n districts, communities, sites, \n buildings, structures, objects, \n organizations, societies, and cultures \n identified under subsections (b) and \n (d); and\n (II) groups of people; and\n (ii) between--\n (I) regions, areas, trails, \n districts, communities, sites, \n buildings, structures, objects, \n organizations, societies, and cultures \n identified under subsection (b); and\n (II) units of the National Park \n System identified under subsection (d).\n (B) Purpose.--The purpose of the linkages shall be \n to maximize opportunities for public education and \n scholarly research on the peopling of America.\n (2) Cooperative arrangements.--On the basis of the theme \n study, the Secretary shall, subject to the availability of \n funds, enter into cooperative arrangements with State and local \n governments, educational institutions, local historical \n organizations, communities, and other appropriate entities to \n preserve and interpret key sites in the peopling of America.\n (3) Educational initiatives.--\n (A) In general.--The documentation in the theme \n study shall be used for broad educational initiatives \n such as--\n (i) popular publications;\n (ii) curriculum material such as the \n Teaching with Historic Places program;\n (iii) heritage tourism products such as the \n National Register of Historic Places Travel \n Itineraries program; and\n (iv) oral history and ethnographic \n programs.\n (B) Cooperative programs.--On the basis of the \n theme study, the Secretary shall implement cooperative \n programs to encourage the preservation and \n interpretation of the peopling of America.\n\nSEC. 5. COOPERATIVE AGREEMENTS.\n\n The Secretary may enter into cooperative agreements with \neducational institutions, professional associations, or other entities \nknowledgeable about the peopling of America--\n (1) to prepare the theme study;\n (2) to ensure that the theme study is prepared in \n accordance with generally accepted scholarly standards; and\n (3) to promote cooperative arrangements and programs \n relating to the peopling of America.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\n Passed the Senate August 3, 2001.\n\n Attest:\n\n JERI THOMSON,\n\n Secretary.","summary":"Peopling of America Theme Study Act - Directs the Secretary of the Interior to prepare and submit to Congress a national historic landmark theme study on the peopling of America to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that: (1) best illustrate and commemorate key events or decisions affecting the peopling of America. And (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped US culture and society. Authorizes the Secretary to enter into cooperative agreements with educational institutions, professional associations, or other knowledgeable entities to prepare the study and promote cooperative arrangements and programs relating to the peopling of America. Authorizes appropriations.","title":"A bill to require the Secretary of the Interior to conduct a theme study on the peopling of America, and for other purposes.","text_len":9572,"sum_len":838} {"bill_id":"110_s3570","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Health Coordinating Council \nAct''.\n\nSEC. 2. NATIONAL PUBLIC HEALTH COORDINATING COUNCIL.\n\n (a) Establishment.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary''), acting in \ncollaboration with the Surgeon General, shall establish a National \nPublic Health Coordinating Council (referred to in this section as the \n``Council'') to facilitate and strengthen sustained communication and \ncoordination across Federal agencies and offices regarding public \nhealth and to review and make recommendations concerning adequate and \nneeded socio-economic and environmental policies to reduce health \ndisparities and improve the public's health.\n (b) Composition.--The Council shall be composed of--\n (1) the heads of each Federal department or agency (or \n their designees) that administers a program related to, or \n affected by, public health policies and projects (including \n medical and population-based public health programs), including \n the Secretary, the Surgeon General, the heads of the institutes \n and agencies within the Department of Health and Human \n Services, the heads of those Centers for Disease Control and \n Prevention centers determined appropriate by the Secretary, and \n the heads of other Federal departments and agencies, including \n the Department of Agriculture, the Department of Commerce, the \n Department of Defense, the Department of Education, the \n Department of Energy, the Environmental Protection Agency, the \n Department of Housing and Urban Development, the Department of \n Homeland Security, the Department of the Interior, the \n Department of Justice, the Department of Labor, and the \n Department of Transportation;\n (2) representatives from each of the 10 regional health \n offices of the Department of Health and Human Services, who \n shall provide a State, local, and tribal perspective;\n (3) health advisors or other members of the President's \n domestic policy and domestic security councils;\n (4) public health experts who are not employed by the \n Federal Government, of whom--\n (A) two individuals shall be appointed by the \n President pro tempore of the Senate upon the \n recommendation of the Majority Leader of the Senate, \n after consultation with the Chairman of the Committee \n on Health, Education, Labor, and Pensions of the \n Senate;\n (B) two individuals shall be appointed by the \n President pro tempore of the Senate upon the \n recommendation of the Minority Leader of the Senate, \n after consultation with the ranking minority member of \n the Committee on Health, Education, Labor, and \n Pensions;\n (C) three individuals shall be appointed by the \n Speaker of the House of Representatives, after \n consultation with the Chairman of the Committee on \n Energy and Commerce of the House of Representatives; \n and\n (D) three individuals shall be appointed by the \n Minority Leader of the House of Representatives, after \n consultation with the ranking minority member of the \n Committee on Energy and Commerce of the House of \n Representatives; and\n (5) other individuals determined appropriate by the \n Secretary or the co-chairpersons of the Council.\n (c) Administrative Provisions.--\n (1) Chairperson.--The Surgeon General and the Assistant \n Secretary for Health shall serve as the co-chairpersons of the \n Council.\n (2) Terms.--Members of the Council appointed under \n subsection (b)(4) shall serve for a term of 2 years and members \n appointed under subsection (b)(5) shall serve for a term of 3 \n years, except that the initial terms of the members appointed \n under subsection (b)(4) shall be staggered. Such members may be \n reappointed for one or more additional term. Any member \n appointed to fill a vacancy for an unexpired term shall be \n appointed for the remainder of such term. A member may serve \n after the expiration of the member's term until a successor has \n taken office.\n (3) Meetings.--The Council shall meet at the call of the \n chairperson, but not fewer than 2 times each year. All meetings \n of the Council shall be public and shall include appropriate \n time periods for questions and presentations by the public.\n (4) Subcommittees; establishment and membership.--In \n carrying out its functions, the Council may establish \n subcommittees and convene workshops and conferences. Such \n subcommittees shall be composed of Council members and may hold \n such meetings as are necessary to enable the subcommittees to \n carry out their duties.\n (5) Support.--The Council shall receive necessary and \n appropriate administrative and other support from the \n Secretary, including the detailing of Department of Health and \n Human Services staff. The heads of the Federal entities \n represented on the Council shall share information, data, \n resources, and staff as appropriate.\n (d) Duties.--The Secretary shall determine the duties of the \nCouncil, which shall at a minimum include--\n (1) reviewing existing Federal health programs and \n policies, the Federal administration of such programs, and \n whether such program provide for the availability of equitable \n public health services across communities;\n (2) making recommendations for the modification of such \n Federal programs and policies to improve public health;\n (3) making recommendations for the funding of such Federal \n programs at levels that would improve public health;\n (4) seeking to strengthen the impact of Federal public \n health efforts by improving interagency collaboration and \n promoting a dialogue on broad public health issues;\n (5) making recommendations to improve the efficiency of \n Federal health programs;\n (6) providing for the demonstration of Federal health \n leadership through the activities of the council;\n (7) improving Federal communication regarding health \n programs and policies through--\n (A) the sharing of health-related information, \n knowledge, and data and the identification of gaps in \n comparable data and knowledge needed to improve the \n public's health; and\n (B) the facilitation of new health-related \n partnerships, and enhancing existing networks across \n Federal agencies;\n (8) identifying needed technical assistance to State and \n local public health agencies; and\n (9) carrying out other activities determined appropriate by \n the Council to improve public health.\n (e) Reports.--Not later than 1 year after the date on which the \nCouncil is established, and biennially thereafter, the Council shall \nsubmit to the President, the Committee on Health, Education, Labor, and \nPensions of the Senate, and the Committee on Energy and Commerce of the \nHouse of Representatives, a report that contains--\n (1) a description of the demonstrated strategic \n collaboration among Federal entities with respect to health \n programs and policies;\n (2) a summary of any evidence of improvements in \n communication and collaboration between such Federal entities \n with respect to Federal health programs and policies;\n (3) a description of any improvements in efficiencies of \n activities by such Federal entities with respect to such health \n programs and policies;\n (4) a description of the impact on public health of any \n modifications to such Federal programs and policies made as a \n result of the activities of the Council;\n (5) a description of progress made in meeting national \n health objectives and the public health infrastructure required \n to meet such objectives; and\n (6) recommendations for policies and programs to reduce \n health disparities.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, such sums as may be necessary.","summary":"Public Health Coordinating Council Act - Requires the Secretary of Health and Human Services to establish a National Public Health Coordinating Council to: (1) facilitate and strengthen sustained communication and coordination across federal agencies and offices regarding public health. And (2) review and make recommendations concerning socioeconomic and environmental policies to reduce health disparities and improve the public's health. Requires the Secretary to determine the duties of the Council, which shall include: (1) reviewing existing federal health programs and policies for the availability of equitable public health services across communities. (2) making recommendations for the modification of such federal programs and policies to improve public health. And (3) seeking to strengthen the impact of federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues.","title":"A bill to establish a National Public Health Coordinating Council to assess the impact of Federal health-related socio-economic and environmental policies across Federal agencies to improve the public's health.","text_len":8912,"sum_len":943} {"bill_id":"108_hr2539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Violence Against Children Act of \n2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) People under the age of 18 make up approximately 12 \n percent of all crime victims known to police, including 71 \n percent of all sex crime victims and 38 percent of all \n kidnaping victims.\n (2) People from the ages of 12 through 17 are over 2 times \n more likely to be victims of violent crime than adults.\n (3) It has been estimated that only 28 percent of crimes \n against children are actually reported.\n (4) Some 1,200 children die as a result of abuse each year, \n and approximately 879,000 children are victims of abuse.\n (5) Child abuse has long-lasting negative effects upon \n children and families, including delayed development, \n depression, substance abuse, and increased likelihood of \n experiencing or perpetrating domestic violence as an adult.\n (6) Most local agencies lack adequate resources to protect \n and serve the needs of children and families that are brought \n to their attention.\n (7) Failure to pay child support is in itself a form of \n neglect, as children who do not receive financial support are \n more likely to live in poverty, and are therefore more likely \n to suffer from inadequate education, a lack of quality health \n care, and a lack of affordable housing.\n\n TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN\n\nSEC. 101. ENHANCED PENALTIES.\n\n (a) In General.--Chapter 110 of title 18, United States Code, is \namended by inserting at the end the following:\n``Sec. 2260A. Violence against children\n ``(a) In General.--Whoever, whether or not acting under color of \nlaw, in any circumstance described in subsection (b), by force or \nthreat of force willfully injures or attempts to injure any person \nunder 18 years of age--\n ``(1) shall be imprisoned for not more than 10 years and \n fined in accordance with this title; and\n ``(2) shall be imprisoned for any term of years or for \n life, and fined in accordance with this title if--\n ``(A) death results from the offense; or\n ``(B) the offense includes kidnaping or an attempt \n to kidnap, aggravated sexual abuse or an attempt to \n commit aggravated sexual abuse, or an attempt to kill.\n ``(b) Circumstances.--For purposes of subsection (a), the \ncircumstances described in this subsection are that--\n ``(1) the conduct described in subsection (a) occurs during \n the course of, or as the result of, the travel of the defendant \n or the victim--\n ``(A) across a State line or national border; or\n ``(B) using a channel, facility, or instrumentality \n of interstate or foreign commerce; or\n ``(2) in connection with the conduct described in \n subsection (a), the defendant employs a firearm, explosive or \n incendiary device, or other weapon that has traveled in \n interstate or foreign commerce.\n ``(c) Penalties.--An offense under this section shall also be \nsubject to the penalties provided in section 1111 of this title (as \namended by the PROTECT Act) if the offense is also an offense under \nthat section.''.\n (b) Amendment to Chapter Analysis.--The chapter analysis for \nchapter 110 of title 18, United States Code, is amended by inserting at \nthe end the following:\n\n``2260A. Violence against children.''.\n (c) Enhanced Penalties for Existing Crimes When Committed Against \nChildren.--Pursuant to its authority under section 994(p) of title 28, \nUnited States Code, and in accordance with this Act and its purposes, \nthe United States Sentencing Commission shall review and amend its \nguidelines and its policy statements to provide enhanced penalties when \nthe victim of a Federal crime is under the age of 18.\n (d) GAO Review of State Laws.--Not later than 6 months after the \ndate of enactment of this Act, the Comptroller General of the United \nStates shall--\n (1) review the statutory penalties for crimes against \n children under State laws and the sentencing practices of the \n States with respect to those crimes, including whether a State \n provides enhanced penalties when the victim of the crime is a \n child; and\n (2) report the findings of the review to Congress.\n\nSEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND \n PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT \n OFFICIALS.\n\n (a) In General.--At the request of a State, Indian tribal \ngovernment, or unit of local government, the Attorney General shall \nprovide technical, forensic, prosecutorial, or any other form of \nassistance in the criminal investigation or prosecution of any crime \nthat--\n (1) constitutes a crime of violence (as defined in section \n 16 of title 18, United States Code);\n (2) constitutes a felony under the laws of the State or \n Indian tribe; and\n (3) is committed against a person under 18 years of age.\n (b) Priority.--If the Attorney General determines that there are \ninsufficient resources to fulfill requests made pursuant to subsection \n(a), the Attorney General shall give priority to requests for \nassistance to--\n (1) crimes committed by, or believed to be committed by, \n offenders who have committed crimes in more than 1 State; and\n (2) rural jurisdictions that have difficulty covering the \n extraordinary expenses relating to the investigation or \n prosecution of the crime.\n\n TITLE II--GRANT PROGRAMS\n\nSEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT.\n\n (a) In General.--The Attorney General shall award grants to assist \nStates, Indian tribal governments, and units of local government to \ndevelop and strengthen effective law enforcement and prosecution of \ncrimes against children.\n (b) Purposes.--Grants provided under this section shall provide \npersonnel, training, technical assistance, data collection, and other \nequipment for the more widespread apprehension, prosecution, and \nadjudication of persons committing crimes against children, and \nspecifically, for the purposes of--\n (1) training law enforcement officers, prosecutors, judges, \n and other court personnel to more effectively identify and \n respond to crimes against children;\n (2) developing, training, or expanding units of law \n enforcement officers, prosecutors, or courts specifically \n targeting crimes against children;\n (3) developing and implementing more effective police and \n prosecution policies, protocols, orders, and services \n specifically devoted to preventing, identifying, and responding \n to crimes against children;\n (4) developing, installing, or expanding data collection \n and communication systems, including computerized systems, \n linking police, prosecutors, and courts for the purpose of \n identifying and tracking arrests, prosecutions, and convictions \n for crimes against children;\n (5) encouraging, developing, and strengthening programs, \n procedures, and policies that enhance cross-collaboration and \n cross-communication between law enforcement and child services \n agencies regarding the care, treatment, and services for child \n victims; and\n (6) developing, enlarging, or strengthening programs \n addressing the needs and circumstances of Indian tribes in \n dealing with crimes against children.\n (c) Application.--\n (1) In general.--Each State, Indian tribal government, or \n unit of local government that desires a grant under this \n section shall submit an application to the Attorney General at \n such time, in such manner, and accompanied by or containing \n such information as the Attorney General shall reasonably \n require.\n (2) Requirements.--A State, Indian tribal government, or \n unit of local government applying for a grant under this \n section shall--\n (A) describe--\n (i) the purposes for which the grant is \n needed;\n (ii) the intended use of the grant funds; \n and\n (iii) the expected results from the use of \n grant funds;\n (B) demonstrate that, in developing a plan to \n implement the grant, the State, Indian tribal \n government, or unit of local government has consulted \n and coordinated with nonprofit, nongovernmental victim \n services programs that have experience in providing \n services to victims of crimes against children; and\n (C) certify that--\n (i) any Federal funds received under this \n section will be used to supplement, not \n supplant, non-Federal funds that would \n otherwise be available for activities funded \n under this section; and\n (ii) the State, the Indian tribal \n government, or the State in which the unit of \n local government is located is in compliance \n with sections 301 and 302.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $25,000,000 for each of the \nfiscal years 2004 through 2008.\n\nSEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS.\n\n (a) In General.--The Attorney General shall award grants to assist \nStates, Indian tribal governments, units of local government, and \nnongovernmental organizations to provide education, prevention, \nintervention, and victims' assistance services regarding crimes against \nchildren.\n (b) Purposes.--Grants provided under this section shall be used to \nprovide education, prevention, and intervention services to prevent \ncrimes against children and to provide assistance to children, and the \nfamilies of children, who are victims of crime, including--\n (1) educational seminars;\n (2) the operation of hotlines;\n (3) training programs for professionals;\n (4) the preparation of informational materials;\n (5) intervention services to prevent crimes against \n children;\n (6) other efforts to increase awareness of the facts about, \n or to help prevent, crimes against children, including efforts \n to increase awareness in underserved racial, ethnic, and \n language minority communities;\n (7) emergency medical treatment for victims;\n (8) counseling to victims of crimes against children and \n their families; and\n (9) increasing the supply of mental health professionals \n specializing in the mental health of victims of crimes against \n children.\n (c) Application.--\n (1) In general.--Each State, Indian tribal government, unit \n of local government, or nongovernmental organization that \n desires a grant under this section shall submit an application \n to the Attorney General at such time, in such manner, and \n accompanied by or containing such information as the Attorney \n General shall reasonably require.\n (2) Requirements.--A State, Indian tribal government, unit \n of local government, or nongovernmental organization applying \n for a grant under this section shall--\n (A) describe--\n (i) the purposes for which the grant is \n needed;\n (ii) the intended use of the grant funds; \n and\n (iii) the expected results from the use of \n grant funds;\n (B) demonstrate that, in developing a plan to \n implement the grant--\n (i) in the case of a State, Indian tribal \n government, or unit of local government, that \n the State, Indian tribal government, or unit of \n local government has consulted and coordinated \n with nonprofit, nongovernmental victim services \n programs that have experience in providing \n services to victims of crimes against children; \n and\n (ii) in the case of a nongovernmental \n organization, that the nongovernmental \n organization has experience in providing \n education, prevention, or intervention services \n regarding crimes against children or has \n experience in providing services to victims of \n crimes against children; and\n (C) certify that--\n (i) any Federal funds received under this \n section will be used to supplement, not \n supplant, non-Federal funds that would \n otherwise be available for activities funded \n under this section, provided that the Attorney \n General may waive such requirement for \n nongovernmental organizations in extraordinary \n circumstances; and\n (ii) the State, the Indian tribal \n government, the State in which the unit of \n local government is located, or the State in \n which the nongovernmental organization will \n operate the activities funded under this \n section is located, is in compliance with \n section 303.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $25,000,000 for each of the \nfiscal years 2004 through 2008.\n\n TITLE III--NATIONWIDE PROGRAMS\n\nSEC. 301. NATIONWIDE AMBER ALERT.\n\n Not later than 3 years after the date of enactment of this Act, \neach State receiving grants pursuant to section 201 shall have in place \na statewide AMBER Alert communications network for child abduction \ncases.\n\nSEC. 302. IMPROVED STATISTICAL GATHERING.\n\n Each State receiving grants pursuant to section 201 shall use, or \nshall be in the process of testing or developing protocols to use, the \nNational Incident-Based Reporting System.\n\nSEC. 303. NATIONAL SAFE HAVEN.\n\n (a) In General.--Not later than 3 years after the date of enactment \nof this Act, each State receiving grants pursuant to section 202 shall \nhave in effect a statute that--\n (1) permits a parent to leave a newborn baby with a \n medically-trained employee of a hospital emergency room \n anonymously without any criminal or other penalty;\n (2) includes a mechanism to encourage and permit a hospital \n employee in the receiving hospital to collect information about \n the medical history of the family subject to the approval of \n the parent;\n (3) requires law enforcement entities in the State, \n immediately after relinquishment of a child under paragraph \n (1), to search State and Federal missing person databases to \n ensure that the child has not been reported missing; and\n (4) includes a plan for publicizing the State's Safe Haven \n law.\n (b) Exception.--Notwithstanding subsection (a)(1), a State statute \nin effect pursuant to this section may deny a parent the ability to \nleave a newborn baby anonymously without any criminal or other penalty \nif the newborn baby shows signs of abuse or appears to have been \nintentionally harmed.\n\nSEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.\n\n (a) Report by States.--Not later than 180 days after the date of \nenactment of this Act, each State receiving an allotment for child \nwelfare services under subpart 1 of part B of title IV of the Social \nSecurity Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of \nHealth and Human Services a report detailing the State's program funded \nunder that subpart, including the process for maintaining records and \nverifying the well-being of the children under the State's care.\n (b) GAO Study.--Not later than 180 days after the date of enactment \nof this Act, the General Accounting Office shall report to Congress on \nState practices and policies under the child welfare program funded \nunder subpart 1 of part B of title IV of the Social Security Act (42 \nU.S.C. 620 et seq.). The report shall include the following:\n (1) How States are maintaining records and verifying the \n well-being of the children under their care, including how well \n States are keeping track of where those children are.\n (2) Whether and how the review system being undertaken by \n the Secretary of Health and Human Services is helping States to \n reform their child welfare system.\n (3) The best practices being implemented by the States.\n (4) Recommendations for legislative changes by Congress.\n\n TITLE IV--CHILD SUPPORT ENFORCEMENT\n\nSEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT.\n\n It is the sense of the Senate that Congress should pass legislation \nto extend the current Federal tax treatment on bad debt to nonpayment \nof child support by--\n (1) allowing those that do not receive the child support \n they are owed to deduct that amount from their Federal income \n taxes; and\n (2) requiring those who fail to pay child support to add \n the unpaid amount to their income for Federal tax purposes.","summary":"Violence Against Children Act of 2003 - Amends the Federal criminal code to prescribe penalties to be imposed for injuring or attempting to injure a person under 18 years of age under circumstances in which: (1) the conduct occurs during the course of, or as a result of, the travel of the defendant or victim across a State line or national border. Or (2) in connection with such conduct, the defendant employs a weapon that has traveled in interstate or foreign commerce. Directs the: (1) United States Sentencing Commission to review and amend its guidelines to provide enhanced penalties when the victim of a Federal crime is under 18. And (2) the Comptroller General to review State penalties and sentencing guidelines for crimes against children. Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child. And (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children. Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System. (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously. And (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care.","title":"To provide enhanced Federal enforcement and assistance in preventing and prosecuting crimes of violence against children.","text_len":18522,"sum_len":1858} {"bill_id":"109_hr5240","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gasoline Tax Relief Act of 2006''.\n\nSEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY \n UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK.\n\n (a) In General.--Section 4081 of the Internal Revenue Code of 1986 \n(relating to imposition of tax on motor and aviation fuels) is amended \nby adding at the end the following new subsection:\n ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline \nExceeds Benchmark.--\n ``(1) In general.--During any suspension period, the tax \n imposed by section 4041 or 4081 on highway motor fuel shall be \n suspended.\n ``(2) Definitions.--For purposes of this subsection--\n ``(A) Suspension period.--The term `suspension \n period' means--\n ``(i) the 60-day period beginning 7 days \n after the date of enactment of this subsection, \n and\n ``(ii) after such 60-day period, any \n period--\n ``(I) beginning 7 days after the \n date on which the weekly United States \n retail gasoline price for regular grade \n conventional areas (as published by the \n Energy Information Administration, \n Department of Energy), inclusive of \n such tax, is greater than the benchmark \n price, and\n ``(II) ending 7 days after the date \n on which such price (as so published), \n without regard to this subsection, does \n not exceed the benchmark price.\n ``(B) Benchmark price.--For purposes of this \n subsection--\n ``(i) In general.--The term `benchmark \n price' means $2.75 per gallon.\n ``(ii) Adjustment for inflation.--In the \n case of any calendar year beginning after 2006, \n the dollar amount in clause (i) shall be \n increased by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n 1(f)(3) for such calendar year, \n determined by substituting `calendar \n year 2005' for `calendar year 1992' in \n subparagraph (B) thereof.\n Any increase determined under subclause (II) \n shall be rounded to the nearest cent.\n ``(C) Highway motor fuel.--The term `highway motor \n fuel' means any fuel subject to tax under section 4041 \n or 4081 other than aviation gasoline and aviation-grade \n kerosene.''.\n (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to \nTrust Funds Treated as Taxes.--\n (1) In general.--There is hereby appropriated (out of any \n money in the Treasury not otherwise appropriated) to each trust \n fund which would (but for this subsection) receive reduced \n revenues as a result of a suspension in a rate of tax by reason \n of section 4081(f)(1) of the Internal Revenue Code of 1986 (as \n added by this section) an amount equal to such reduction in \n revenues. Amounts appropriated by the preceding sentence to any \n trust fund--\n (A) shall be transferred from the general fund at \n such times and in such manner as to replicate to the \n extent possible the transfers which would have occurred \n had subsection (a) not been enacted, and\n (B) shall be treated for all purposes of Federal \n law as taxes received under the appropriate section \n referred to in such section 4081(f)(1).\n (c) Effective Date.--The amendment made by this section shall take \neffect on the date of the enactment of this Act.\n (d) Floor Stock Refunds.--\n (1) In general.--If--\n (A) before the tax suspension date, tax has been \n imposed under section 4081 of the Internal Revenue Code \n of 1986 on any highway motor fuel, and\n (B) on such date such fuel is held by a dealer and \n has not been used and is intended for sale,\n there shall be credited or refunded (without interest) to the \n person who paid such tax (hereafter in this subsection referred \n to as the ``taxpayer'') an amount equal to the excess of the \n tax paid by the taxpayer over the tax which would be imposed on \n such fuel had the taxable event occurred on such date.\n (2) Time for filing claims.--No credit or refund shall be \n allowed or made under this subsection unless--\n (A) claim therefor is filed with the Secretary of \n the Treasury before the date which is 6 months after \n the tax suspension date based on a request submitted to \n the taxpayer before the date which is 3 months after \n the tax suspension date by the dealer who held the \n highway motor fuel on such date, and\n (B) the taxpayer has repaid or agreed to repay the \n amount so claimed to such dealer or has obtained the \n written consent of such dealer to the allowance of the \n credit or the making of the refund.\n (3) Exception for fuel held in retail stocks.--No credit or \n refund shall be allowed under this subsection with respect to \n any highway motor fuel in retail stocks held at the place where \n intended to be sold at retail.\n (4) Definitions.--For purposes of this subsection--\n (A) Tax suspension date.--The term ``tax suspension \n date'' means the first day of any suspension period in \n effect under section 4081(f) of the Internal Revenue \n Code of 1986 (as added by subsection (a) of this \n section).\n (B) Other terms.--The terms ``dealer'' and ``held \n by a dealer'' have the respective meanings given to \n such terms by section 6412 of such Code.\n (5) Certain rules to apply.--Rules similar to the rules of \n subsections (b) and (c) of section 6412 of such Code shall \n apply for purposes of this subsection.\n (e) Floor Stocks Tax.--\n (1) Imposition of tax.--In the case of any highway motor \n fuel which is held on the tax restoration date by any person, \n there is hereby imposed a floor stocks tax equal to the excess \n of the tax which would be imposed on such fuel had the taxable \n event occurred on such date over the tax (if any) previously \n paid (and not credited or refunded) on such fuel.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--The person holding highway \n motor fuel on the tax restoration date to which the tax \n imposed by paragraph (1) applies shall be liable for \n such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before the 45th day after the \n tax restoration date.\n (3) Definitions.--For purposes of this subsection--\n (A) Tax restoration date.--The term ``tax \n restoration date'' means the first day after the end of \n any suspension period (as defined in section 4081(f) of \n the Internal Revenue Code of 1986).\n (B) Highway motor fuel.--The term ``highway motor \n fuel'' has the meaning given to such term by section \n 4081(f) of such Code.\n (C) Held by a person.--A highway motor fuel shall \n be considered as held by a person if title thereto has \n passed to such person (whether or not delivery to the \n person has been made).\n (D) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or the Secretary's delegate.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to any highway motor fuel held by \n any person exclusively for any use to the extent a credit or \n refund of the tax is allowable for such use.\n (5) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1) on any highway motor fuel held on the tax \n restoration date by any person if the aggregate amount \n of such highway motor fuel held by such person on such \n date does not exceed 2,000 gallons. The preceding \n sentence shall apply only if such person submits to the \n Secretary (at the time and in the manner required by \n the Secretary) such information as the Secretary shall \n require for purposes of this subparagraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account any highway motor \n fuel held by any person which is exempt from the tax \n imposed by paragraph (1) by reason of paragraph (4).\n (C) Controlled groups.--For purposes of this \n subsection--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of subparagraph (A) shall apply to a group of \n persons under common control if 1 or more of \n such persons is not a corporation.\n (6) Other laws applicable.--All provisions of law, \n including penalties, applicable with respect to the taxes \n imposed by section 4081 of such Code shall, insofar as \n applicable and not inconsistent with the provisions of this \n subsection, apply with respect to the floor stock taxes imposed \n by paragraph (1) to the same extent as if such taxes were \n imposed by such section.","summary":"Gasoline Tax Relief Act of 2006 - Amends the Internal Revenue Code to suspend excise taxes on diesel and other highway motor fuels during specified periods when weekly retail gasoline prices as published by the Department of Energy exceed $2.75 per gallon.","title":"To amend the Internal Revenue Code of 1986 to suspend the excise tax on highway motor fuels when average United States retail gasoline prices exceed $2.75 per gallon.","text_len":12083,"sum_len":256} {"bill_id":"110_hr2880","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Sanctions Enhancement Act of \n2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Islamic Republic of Iran is a signatory to the \n Nuclear Non-Proliferation Treaty (NPT).\n (2) Iran is a member of the International Atomic Energy \n Agency (IAEA).\n (3) Iran has agreed to safeguards to ensure compliance with \n its non-proliferation commitments under the NPT.\n (4) The IAEA has reported numerous concerns with the \n implementation of such safeguards to ensure Iran's compliance \n with its non-proliferation commitments.\n (5) International inspections in 2003 and 2004 of Iran's \n nuclear program revealed significant undeclared activities with \n potential application for the development of nuclear weapons.\n (6) According to the IAEA, Iran has not declared the full \n scope of its nuclear program and has not allowed full and \n unrestricted access to all its nuclear sites.\n (7) In June 2006, Iran refused to consider economic \n incentives offered by the five permanent members of the United \n Nations Security Council (UNSC) and Germany in exchange for a \n permanent halt to Iran's uranium enrichment program.\n (8) On July 31, 2006, the UNSC adopted Resolution 1696, \n setting a deadline of August 31, 2006, for Iran's full, \n unconditional, and immediate compliance with its obligations \n under the NPT.\n (9) Iran is in violation of UNSC Resolution 1696.\n (10) On March 23, 2007, the Iranian Revolutionary Guard \n Navy seized 15 British marines and sailors on the same day the \n UNSC considered a new resolution to sanction the Government of \n Iran for its continued defiance of the UNSC and the IAEA.\n (11) On March 24, 2007, the UNSC adopted Resolution 1747, \n imposing further economic sanctions on Iran for its non-\n compliance with previous UNSC resolutions.\n (12) Iran is in violation of UNSC Resolution 1747.\n (13) On May 14, 2007, IAEA Director General Mohammed El-\n Baradei announced that Iran had overcome its technical \n difficulties and now possesses the knowledge to enrich uranium \n to weapons-grade level.\n (14) On May 20, 2007, the head of Iran's Atomic Energy \n Organization announced the Iranian nuclear program was moving \n ahead as scheduled towards its previously stated goal of 50,000 \n centrifuges running at its Natanz facility.\n (15) On May 23, 2007, the IAEA reported that Iran not only \n ignored the UNSC's deadline to stop enriching uranium but \n markedly expanded its enrichment program.\n (16) More than 40 percent of Iranian gasoline comes from \n imports.\n (17) The Government of Iran is set to impose a daily \n gasoline ration of three liters for private cars and 15 to 20 \n liters for taxis.\n (18) If the supply of gasoline to Iran is restricted, the \n impact on Iran's economy would be considerable.\n (19) Diplomatic means present the most effective way to \n defuse the crisis regarding the Iranian nuclear program.\n\nSEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.\n\n (a) Expansion of Sanctions to Refined Petroleum.--Section 5(a) of \nthe Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read \nas follows:\n ``(a) Sanctions With Respect to the Development of Petroleum \nResources of Iran and Export of Refined Petroleum to Iran.--Except as \nprovided in subsection (f), the President shall impose two or more of \nthe sanctions described in paragraphs (1) through (6) of section 6 if \nthe President determines that a person has, with actual knowledge--\n ``(1) on or after the date of the enactment of this Act, \n made an investment of $20,000,000 or more (or any combination \n of investments of at least $5,000,000 each, which in the \n aggregate equals or exceeds $20,000,000 in any 12-month \n period), that directly and significantly contributed to the \n enhancement of Iran's ability to develop petroleum resources of \n Iran; or\n ``(2) on or after December 31, 2007, provided Iran with \n refined petroleum resources or engaged in an activity that \n could contribute to the enhancement of Iran's ability to import \n refined petroleum resources.''.\n (b) Presidential Waiver.--Section 9(c)(2)(C) of such Act is amended \nby striking ``section 5(a) or section 5(b) to Iran's ability to, \nrespectively, develop its petroleum resources or its weapons of mass \ndestruction or other military capabilities'' and inserting ``section \n5(a)(1), section 5(a)(2), or section 5(b) to Iran's ability to, \nrespectively, develop its petroleum resources, enhance its ability to \nimport refined petroleum resources, or develop its weapons of mass \ndestruction or other military capabilities''.\n (c) Reports on United States Efforts To Curtail the Export of \nRefined Petroleum to Iran.--Section 10 of such Act is amended by adding \nat the end the following new subsection:\n ``(d) Reports on Refined Petroleum Exports to Iran.--Not later than \nJanuary 30, 2008, and every six months thereafter, the President shall \ntransmit to the appropriate congressional committees a report on any \nperson who has provided Iran with refined petroleum resources or any \nactivity by any person that could contribute to the enhancement of \nIran's ability to import refined petroleum resources. For each such \nactivity, the President shall provide a description of such activity \nand what steps the United States has taken to respond to such \nactivity.''.","summary":"Iran Sanctions Enhancement Act of 2007 - Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more sanctions under such Act if a person has, with actual knowledge: (1) made an investment of $20 million or more that directly and significantly contributed to Iran's ability to develop its petroleum resources. Or (2) on or after December 31, 2007, provided Iran with refined petroleum resources or engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources. Extends existing presidential waiver authority to such activities. Directs the President to report to the appropriate congressional committees every six months on such activities.","title":"To amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran to include the importation of refined petroleum.","text_len":5890,"sum_len":722} {"bill_id":"108_hr2876","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Quit Smoking Incentive and \nOpportunity Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) Unless the prevalence of tobacco use is cut \n dramatically, about 24,000,000 Americans, 1 out of every 2 \n current smokers in America, will die prematurely of a disease \n directly caused by their dependence on tobacco.\n (2) Smoking is the leading preventable cause of death in \n the United States with 400,000 premature deaths annually, and \n $157,000,000,000 in annual health-related economic losses, \n including more than $75,000,000,000 in excess medical \n expenditures.\n (3) Clinical studies have shown that pharmacological \n treatments are an effective treatment for tobacco dependence, \n and there are currently 6 medications that have been approved \n by the FDA for tobacco use cessation.\n (4) Clinical studies have shown that counseling is an \n effective treatment for tobacco dependence, and that counseling \n can be provided in individual or group settings, or via \n telephone, such as the Quit Lines provided by 33 States.\n (5) Studies have also shown that when counseling is \n combined with pharmacological treatment, the effectiveness of \n treatment doubles or triples (compared to counseling alone).\n (6) The cost of over-the-counter Nicotine Replacement \n Therapy (gum, patch, lozenges) is not covered by Medicare, and \n is rarely covered by private insurance. Fifteen states under \n Medicaid cover no Nicotine Replacement Therapy and many of the \n remaining 35 states do not cover all Nicotine Replacement \n Therapies. Nicotine Replacement Therapy is rarely tax-\n deductible, and typically costs about $300 for a suggested 10-\n week course of treatment.\n (7) The Guide to Community Preventive Services: Tobacco Use \n Prevention and Control (CDC 2000) and Treating Tobacco Use and \n Dependence: Clinical Practice Guideline (2000) recommended a \n reduction or elimination of out-of-pocket costs to increase the \n use of tobacco use cessation treatments.\n (8) Under current law, unreimbursed tobacco use cessation \n counseling programs and prescribed nicotine-withdrawal drugs \n are considered expenses for medical care that are deductible \n subject to the 7.5 percent of adjusted gross income limitation.\n (9) Two-thirds of all filers do not itemize.\n\nSEC. 3. REFUNDABLE CREDIT FOR AMOUNTS PAID TO ASSIST INDIVIDUALS TO \n CEASE USING TOBACCO PRODUCTS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 35 the following new section:\n\n``SEC. 35A. CERTAIN EXPENSES TO ASSIST INDIVIDUALS TO CEASE USING \n TOBACCO PRODUCTS.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this subtitle \nan amount equal to the qualified tobacco use cessation expenses paid by \nthe taxpayer during the taxable year for the benefit of the taxpayer, \nthe taxpayer's spouse, or any dependent of the taxpayer.\n ``(b) Limitation.--The credit allowed under this section shall not \nexceed--\n ``(1) $300 for amounts described in subsection (c)(1)(A), \n and\n ``(2) $100 for amounts described in subsection (c)(1)(B).\n ``(c) Qualified Tobacco Use Cessation Expenses.--For purposes of \nthis section--\n ``(1) In general.--The term `qualified tobacco use \n cessation expenses' means expenses--\n ``(A) for products determined by the Food and Drug \n Administration to be safe and effective in promoting a \n reduction in the use of tobacco products by \n individuals, and\n ``(B) for counseling for cessation of tobacco use.\n ``(2) Counseling.--\n ``(A) In general.--Subject to subparagraph (B), the \n term `counseling for cessation of tobacco use' means \n diagnostic, therapy, and counseling services for \n cessation of tobacco use for individuals who use \n tobacco products or who are being treated for tobacco \n use which are furnished--\n ``(i) by or under the supervision of a \n physician, or\n ``(ii) by any other health care \n professional who is legally authorized to \n furnish such services under State law (or the \n State regulatory mechanism provided by State \n law) of the State in which the services are \n furnished.\n ``(B) Limitation.--Such term is limited to--\n ``(i) services recommended in `Treating \n Tobacco Use and Dependence: A Clinical Practice \n Guideline', published by the Public Health \n Service in June 2000, or any subsequent \n modification of such Guideline, and\n ``(ii) such other services that the \n Secretary of Health and Human Services \n recognizes to be effective.''\n (b) Technical Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``or 36'' after ``section \n 35''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 35 following new item:\n\n ``Sec. 35A. Certain expenses to assist \n individuals to cease using \n tobacco products.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Quit Smoking Incentive and Opportunity Act of 2003 - Amends the Internal Revenue Code to allow a limited credit for the qualified tobacco use cessation expenses of a taxpayer, the taxpayer's spouse, or any dependent of the taxpayer.","title":"To amend the Internal Revenue Code of 1986 to allow individuals a refundable credit for amounts paid for products and counseling designed to assist individuals to cease using tobacco products.","text_len":6363,"sum_len":232} {"bill_id":"114_hr3323","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dental and Optometric Care Access \nAct'' or the ``DOC Access Act''.\n\nSEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS.\n\n (a) In General.--Title XXVII of the Public Health Service Act is \namended by inserting after section 2719A (42 U.S.C. 300gg-19a) the \nfollowing new section:\n\n``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS.\n\n ``(a) In General.--Under a group health plan or individual or \nhealth insurance coverage (including such a plan or coverage offering \nlimited scope dental or vision benefits), the following shall apply:\n ``(1) Payment amounts from covered persons.--\n ``(A) In general.--The plan or coverage shall \n provide, with respect to a doctor of optometry, doctor \n of dental surgery, or doctor of dental medicine that \n has an agreement to participate in the plan or coverage \n and that furnishes items or services that are not \n covered by the plan or coverage to a person enrolled \n under such plan or coverage, that the doctor may charge \n the enrollee for such items or services any amount \n determined by the doctor that is equal to, or less \n than, the usual and customary amount that the doctor \n charges individuals who are not so enrolled for such \n items or services.\n ``(B) Items and services considered covered by a \n plan.--For purposes of subparagraph (A), an item or \n service shall be considered, with respect to a plan or \n coverage, to be covered by the plan or coverage only if \n the negotiated rate agreed to by such plan or coverage \n and the doctor for such item or service, without regard \n to any cost sharing obligation of the enrollee, is an \n amount that is reasonable and is not nominal or de \n minimis.\n ``(2) Changes to plans.--The terms of an agreement between \n such a plan or coverage and such a doctor (including, in the \n case of a plan or coverage that provides for a provider \n network, the negotiated rate for providers that participate in \n the network of such plan or coverage), may be changed only \n pursuant to a subsequent agreement signed by the doctor that \n documents the acknowledgment and acceptance of the doctor (as \n applicable) to such changes.\n ``(3) Duration of limited scope vision and dental plans.--\n In the case of an agreement between such a doctor and such a \n plan or coverage that offers limited scope dental or vision \n benefits, the agreement may not be for a period that is greater \n than two years.\n ``(4) Terms and conditions for ancillary services and \n procedures.--Such plan or coverage may not deny such a doctor \n participation in the plan or coverage or remove such a doctor \n from participation in the plan or coverage for the sole reason \n of the failure of the doctor to accept the terms and conditions \n under such agreement for any ancillary service or procedure.\n ``(5) Condition to join a provider network.--The plan or \n coverage may not require that such a doctor must participate \n with, or be credentialed by, any specific plan or coverage \n offering limited scope dental or vision benefits as a condition \n to participate in the provider network of such plan or \n coverage.\n ``(6) No interference with existing relationships and \n requirements.--Unless otherwise required by law or regulation, \n such plan or coverage may not directly communicate with an \n individual enrolled in such plan or coverage in a manner that \n interferes with or contravenes any State or Federal \n requirement, or doctor-patient relationship in existence at the \n time of such communication.\n ``(7) No restriction on choice of laboratories.--The plan \n or coverage may not, directly or indirectly, restrict or limit, \n such a doctor's choice of laboratories or choice of source and \n suppliers of services or materials provided by the doctor to an \n individual who is enrolled under the plan or coverage.\n ``(b) Private Right of Action.--In addition to any other remedies \nunder State or Federal law, a person adversely affected by a violation \nof this subsection may bring action for injunctive relief against a \nplan described in subsection (a) and, upon prevailing, in addition to \nsuch injunctive relief, shall recover monetary damages of no more than \n$1,000 for each day found to be in violation plus attorney's fees and \ncosts. The district courts of the United States shall have exclusive \njurisdiction of civil actions brought under this subsection.\n ``(c) Relationship to Exception for Limited, Excepted Benefits.--\nSection 2722(c)(1) shall not apply with respect to the requirements of \nthis section.\n ``(d) Definitions.--In this section:\n ``(1) The terms `doctor of dental surgery' and `doctor of \n dental medicine' mean a doctor of dental surgery or of dental \n medicine, as applicable, who is legally authorized to practice \n dentistry by the State in which the doctor performs such \n function and who is acting within the scope of the license of \n the doctor when performing such functions.\n ``(2) The term `doctor of optometry' means a doctor of \n optometry who is legally authorized to practice optometry by \n the State in which the doctor so practices.''.\n (b) Conforming Amendment.--Section 2722(c)(1) of the Public Health \nService Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The \nrequirements'' and inserting ``Subject to section 2719B, the \nrequirements''.","summary":"Dental and Optometric Care Access Act or the DOC Access Act This bill amends the Public Health Service Act to prohibit group health plans and individual health insurance coverage from setting rates for items and services provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan or insurer does not pay a substantial amount. An agreement between a plan or insurer and such a doctor: (1) may only be changed with the doctor's acknowledgement and acceptance, and (2) may not last longer than two years if the agreement is for limited scope dental or vision benefits. Such a doctor must be allowed to participate in a: (1) plan or coverage without accepting terms for ancillary services or procedures, and (2) provider network without participating in a specific limited scope dental or vision benefit plan. Plans and insurers may not: (1) directly communicate with an enrolled individual in a manner that interferes with an existing doctor-patient relationship or a state or federal requirement, or (2) restrict such a doctor's choice of laboratories or suppliers. The bill establishes a private right of action for a person adversely affected by a violation of this Act.","title":"DOC Access Act","text_len":6073,"sum_len":1206} {"bill_id":"114_hr2712","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Commonsense \nReporting and Verification Act of 2015''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Prospective reporting system.\nSec. 4. Protection of dependent privacy.\nSec. 5. Electronic statements.\nSec. 6. GAO studies.\nSec. 7. Eligibility verification process for ACA subsidies.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Department of the Treasury and the Internal Revenue \n Service should work together with other relevant departments \n and agencies to identify and implement methods to minimize \n compliance burdens on businesses, insurance carriers, and \n individuals under provisions of the Patient Protection and \n Affordable Care Act.\n (2) Such collaboration should strike an appropriate balance \n between sufficient reporting to enforce the law and protecting \n the privacy of individuals.\n\nSEC. 3. PROSPECTIVE REPORTING SYSTEM.\n\n (a) In General.--Not later than 180 days after the enactment of \nthis Act, the Secretary of the Treasury, in consultation with the \nSecretary of Health and Human Services, the Secretary of Labor, and the \nAdministrator of the Small Business Administration, shall implement a \nvoluntary prospective reporting system meeting the requirements of \nsubsection (b). Such system shall be established not later than \nSeptember 2, 2016, and shall be available for use by employers with \nrespect to plan years beginning after December 31, 2015.\n (b) Requirements.--The system created under subsection (a) shall be \nmaintained by the Secretary of the Treasury and shall include--\n (1) a process whereby employers may voluntarily report--\n (A) the name and employer identification number of \n the employer;\n (B) a certification of--\n (i) whether coverage meeting the definition \n of minimum essential coverage in section \n 5000A(f) of the Internal Revenue Code of 1986 \n is offered to the full-time employees;\n (ii) whether such coverage is offered to \n dependents of such employees;\n (iii) whether such coverage is offered to \n spouses of such employees;\n (iv) whether such coverage is offered to \n part-time employees;\n (v) whether such coverage meets the minimum \n value requirement of section 36B(c)(2)(C)(ii) \n of such Code; and\n (vi) whether such coverage satisfies the \n requirements to qualify for one of the \n affordability safe harbors promulgated by the \n Secretary of the Treasury for purposes of \n section 4980H of such Code;\n (C) the months during the prospective reporting \n period that such coverage is available to full time \n employees of the employer; and\n (D) whether any waiting periods apply with respect \n to such coverage;\n to be reported not later than 60 days before the start of the \n open enrollment period under section 1311(c)(6)(B) of the \n Patient Protection and Affordable Care Act with respect to each \n such calendar year;\n (2) a process to ensure that Exchanges, the Federal \n Marketplace Data Services Hub, and the Internal Revenue Service \n can securely and confidentially access the information \n described in paragraph (1) as necessary to carry out their \n respective missions, and to provide to the Secretary of Health \n and Human Services additional information relating to \n eligibility determinations for advance payment of the premium \n tax credits under section 36B of such Code and the cost-sharing \n subsidies under section 1402 of the Patient Protection and \n Affordable Care Act (Public Law 111-148);\n (3) a process to allow the appropriate agency described in \n subsection (a) to follow up with employers in order to obtain \n additional necessary information relating to an employee's \n eligibility for such advance payment or such cost-sharing \n subsidies, and to allow an employee to receive notification of \n any problem in verifying such eligibility; and\n (4) a process to allow employers using the system to \n provide timely updates to the Federal Marketplace Data Services \n Hub regarding any cancellation of coverage or significant \n change in availability of coverage for participating employees.\n (c) Exemption From Reporting Requirement Under Internal Revenue \nCode of 1986.--If, through the system created under subsection (a), an \nemployer provides prospective reporting for a calendar year in which a \nplan year ends that meets the requirements of subsection (b)(1)--\n (1) such employer shall be treated as satisfying the return \n requirements of subsections (a) and (b) of section 6056 of the \n Internal Revenue Code of 1986 for the calendar year in which \n such plan year ends; and\n (2) such employer shall be treated as satisfying the \n requirements of section 6056(c) of such Code for the calendar \n year in which such plan year ends if the employer furnishes the \n statement described in such section to the Internal Revenue \n Service and to those employees of the employer for whom the \n employer has received a notice under section 1411(e)(4)(B)(iii) \n of the Patient Protection and Affordable Care Act (42 U.S.C. \n 18081) from the Exchange (established under section 1311 or \n 1321 of the Patient Protection and Affordable Care Act (42 \n U.S.C. 18031, 18041)) that the employee, or the spouse or \n dependent of the employee, has enrolled in a qualified health \n plan (as defined in section 1301 of such Act (42 U.S.C. 18021)) \n through the Exchange or been deemed eligible for an advance \n payment of premium tax credits under section 36B of such Code \n or cost-sharing subsidies under section 1402 of the Patient \n Protection and Affordable Care Act (42 U.S.C. 18071).\n (d) Third-Party Filing.--Employers may use third parties to \ncomplete the filing described in subsection (b)(1). Use of such a third \nparty to complete the filing does not affect an employer's liability \nunder sections 6055 or 6056 of the Internal Revenue Code of 1986.\n (e) Employer Notification of Employee Enrollments.--Each Exchange \nestablished under title I of the Patient Protection and Affordable Care \nAct shall provide notice to each employer at the time an employee (or \ndependent of an employee) is enrolled under a qualified health plan \nthrough the Exchange.\n\nSEC. 4. PROTECTION OF DEPENDENT PRIVACY.\n\n (a) In General.--Section 6055(b) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new paragraph:\n ``(3) TINs not collected or maintained.--For purposes of \n subparagraph (B)(i), in the case of an individual other than \n the primary insured, if, before January 1, 2014, the health \n insurance issuer or the employer did not collect or maintain \n information on the TINs of such individuals (other than for \n purposes of this section), the individual's name and date of \n birth may be substituted for the name and TIN.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto returns the due date for which is after the date that is 60 days \nafter the date of the enactment of this Act.\n\nSEC. 5. ELECTRONIC STATEMENTS.\n\n (a) In General.--Section 6056(c) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new paragraph:\n ``(3) Electronic delivery.--An individual shall be deemed \n to have consented to receive the statement under this section \n in electronic form if such individual has consented at any \n prior time, to the person who is the employer of the individual \n during the calendar year or the preceding plan year to which \n the statement relates, to receive such statement in electronic \n form. The preceding sentence shall not apply if the individual \n refuses consent in writing with respect to the statement under \n this section.''.\n (b) Statements Relating to Health Insurance Coverage.--Section \n6055(c) of such Code, as amended by this Act, is amended by adding at \nthe end the following new paragraph:\n ``(4) Electronic delivery.--An individual shall be deemed \n to have consented to receive the statement under this \n subsection in electronic form if such individual has consented \n at any prior time to receive in electronic form any private \n health information (such as electronic health records) \n furnished to such individual by the person required to make \n such statement, unless the individual refuses such consent in \n writing.''.\n (c) Effective Date.--The amendments made by this section shall \napply to statements the due date for which is after December 31, 2015.\n\nSEC. 6. GAO STUDIES.\n\n (a) Study of First Years of Employer Reporting.--\n (1) In general.--The Comptroller General of the United \n States shall conduct a study that evaluates, with respect to \n the period beginning on January 1, 2014, and ending on December \n 31, 2016--\n (A) the notification of employers by Exchanges \n established under title I of the Patient Protection and \n Affordable Care Act (Public Law 111-148) that a full-\n time employee of the employer has been determined \n eligible for advance payment of premium tax credits \n under section 36B of the Internal Revenue Code of 1986 \n or cost-sharing subsidies under section 1402 of such \n Act (42 U.S.C. 18071), including information \n regarding--\n (i) the data elements included in the \n employer notification;\n (ii) the process by which the notification \n forms were developed and sent to employers, \n including whether the process provided for a \n formal notice and comment period;\n (iii) whether employers report that such \n notifications provided sufficient and relevant \n information for them to make appropriate \n decisions about whether to utilize the appeals \n process;\n (iv) the total number of notifications sent \n to employers and the timeline of when such \n notifications were sent;\n (v) differences in the notification process \n between the marketplace facilitated by the \n Federal Government and the State-Based \n Marketplaces; and\n (vi) challenges that have arisen in the \n notification process, and recommendations to \n address these challenges; and\n (B) the extent to which the Secretary of Health and \n Human Services has established a separate appeals \n process for employers who received such a notification \n to challenge the eligibility determination, as required \n by section 1411(f)(2) of the Patient Protection and \n Affordable Care Act (42 U.S..C. 18081(f)(2)).\n (2) Report.--Not later than 1 year after the date of the \n enactment of this Act, the Comptroller General shall submit to \n the Committees on Finance and Health, Education, Labor, and \n Pensions of the Senate and the Committees on Ways and Means, \n Energy and Commerce, and Education and the Workforce of the \n House of Representatives a report on the results of the study \n conducted under paragraph (1).\n (b) Study of Prospective Reporting System.--\n (1) In general.--The Comptroller General of the United \n States shall conduct a study that evaluates, with respect to \n the period beginning on January 1, 2017, and ending on December \n 31, 2017, the functionality of the prospective reporting system \n established under section 3, including the accuracy of \n information collected, the number of employers electing to \n report under such system, and any challenges that have arisen \n in implementing such system.\n (2) Report.--Not later than July 1, 2018, the Comptroller \n General shall submit to the Committees on Finance and Health, \n Education, Labor, and Pensions of the Senate and the Committees \n on Ways and Means, Energy and Commerce, and Education and the \n Workforce of the House of Representatives a report on the \n results of the study conducted under paragraph (1).\n\nSEC. 7. ELIGIBILITY VERIFICATION PROCESS FOR ACA SUBSIDIES.\n\n (a) In General.--Except as specified in subsection (b), a \nmarketplace (as defined in subsection (d)) may automatically reenroll \nan individual into a qualified health plan (as defined for purposes of \ntitle I of the Patient Protection and Affordable Care Act) so long as \nthe marketplace--\n (1) redetermines on an annual basis the eligibility of the \n individual for any advanced premium tax credit or a cost-\n sharing reduction pursuant to section 1412 of the Patient \n Protection and Affordable Care Act (42 U.S.C. 18082); and\n (2) takes into account, in making such redeterminations, \n annual changes in premiums and in the Federal poverty level as \n well as the most recent income data available with respect to \n the individual involved.\n (b) Reenrollment Limitations.--If a marketplace does not follow the \nprocesses specified under the section with respect to an individual, \nthen the marketplace may not automatically reenroll the individual into \na qualified health plan with an advanced premium tax credit or a cost-\nsharing reduction until the individual provides current income \ninformation to the marketplace so that eligibility for a credit or \nreduction can be redetermined.\n (c) Comprehensive Guidance Based on Current Guidance.--The \nprovisions of this section are intended to generally reflect and be \nconsistent with the guidance on annual eligibility redeterminations and \nreenrollments for marketplace coverage issued by the Centers for \nMedicare and Medicaid Services on April 22, 2015. In carrying out this \nsection, the Secretary shall apply rules (whether through guidance or \notherwise) regarding the annual eligibility redeterminations and \nreenrollments for coverage and for tax credits and cost-sharing \nreduction for individuals through a marketplace that are consistent \nwith this section and are at least as comprehensive as the guidance \n(issued on April 22, 2015) applied for coverage for 2016. Such guidance \nshall include provisions that ensure that--\n (1) enrollees eligible to be automatically reenrolled in a \n qualified health plan and to continue provision of such a tax \n credit or cost-sharing reduction shall maintain on file with \n the marketplace (or otherwise provide to the marketplace) an \n authorization for disclosure of information verifying \n eligibility for such a credit or cost-sharing reduction;\n (2) the marketplace annually requests updated income \n information to verify such eligibility; and\n (3) enrollees are provided timely and appropriate notices \n of the rules regarding annual redeterminations and \n reenrollments.\n (d) Marketplace Defined.--In this section, the term ``marketplace'' \nmeans State Based Exchanges and the Federally Facilitated Exchange \nestablished under sections 1311 and 1321 of the Patient Protection and \nAffordable Care Act (42 U.S.C. 18031, 18041), respectively.","summary":"Commonsense Reporting and Verification Act of 2015 This bill requires the Department of Treasury to implement and maintain a voluntary prospective reporting system for employers subject to the employer mandate under the Patient Protection and Affordable Care Act (PPACA). Employers satisfy the information return requirement if they voluntarily report general information about the health coverage offered to full-time employees. Employers satisfy the employee statement requirement if they provide statements to employees after receiving exchange notification that employee or spouse or dependent enrolled in a qualified health plan or qualified for premium tax credits or cost-sharing subsidies. The legislation amends the Internal Revenue Code to: (1) permit employers and health insurance issuers that provide minimum essential coverage to submit an information return with names and birth dates of covered dependents if the employer or health insurance issuer does not already collect or maintain their taxpayer identification numbers, and (2) permit electronic delivery of employee statement if employee consented previously to electronic delivery of other notices and does not refuse consent in writing. It directs the Government Accountability Office to: (1) evaluate the exchange notification and appeals processes for employers whose employee or spouse or dependent enrolls in a qualified health plan or qualifies for premium tax credits or cost-sharing subsidies, and (2) evaluate the prospective reporting system functionality. The legislation permits a health insurance exchange to automatically reenroll an individual into a qualified health plan after annually redetermining the individual's eligibility for premium tax credits or cost-sharing subsidies.","title":"Commonsense Reporting and Verification Act of 2015","text_len":16836,"sum_len":1769} {"bill_id":"107_hr938","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United Nations Rapid Deployment Act \nof 2001''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The December 1999 United Nations ``Report on the \n Independent Inquiry into the Actions of the United Nations \n During the 1994 Genocide in Rwanda'' indicates that in April \n 1994, the United Nations Security Council failed to deploy \n 5,500 United Nations peacekeepers to Rwanda within two weeks of \n the initial violence, thereby allowing the conflict to \n escalate. The six-month estimated cost of the deployment would \n have been $115,000,000. Instead, the genocide consumed 800,000 \n lives along with $2,000,000,000 in humanitarian aid.\n (2) The April 2000 report of the United Nations Secretary \n General, ``We the Peoples, The Role of the United Nations in \n the 21st Century'', states that only member nations of the \n United Nations can fix the structural weakness of United \n Nations peace operations. The report compares the current \n system for launching peacekeeping operations to a volunteer \n fire department that has to find fire engines and the funds to \n run them before starting to douse any flames. The present \n United Nations system relies almost entirely on last minute, ad \n hoc arrangements that guarantee delay, with respect to the \n provision of civilian personnel even more so than military \n personnel. Availability and readiness of forces is very \n unpredictable and constraints on resources preclude rapid \n deployment.\n (3) In August 2000, the specially-appointed panel on United \n Nations Peace Operations issued its findings. Known as the \n ``Brahimi Report'' (A\/55\/305; S\/2000\/809), the report concludes \n that ``few of the basic building blocks are in place for the \n United Nations to rapidly acquire and deploy the human and \n material resources required to mount any complex peace \n operation in the future''. These building blocks include a \n standing police corps, a reserve corps of mission leadership, a \n sufficient stockpile of equipment, and arrangements for \n recruitment of civilian personnel. Furthermore, the report \n encourages member nations to enter partnerships with one \n another in the context of the United Nations Stand-by \n Arrangements System (UNSAS). These partnerships would form the \n basis for Rapid Deployment Brigades (RDBs), which would develop \n the operational capabilities to fully deploy ``traditional'' \n peacekeeping operations within 30 days of the adoption of an \n authorizing Security Council resolution and to fully deploy \n ``complex'' peacekeeping operations within 90 days of the \n adoption of an authorizing Security Council resolution.\n (4) Former United States Ambassador Richard C. Holbrooke, \n speaking before the United Nations Security Council on November \n 15, 2000, stated that ``[u]nless we move decisively on \n meaningful peacekeeping reform, those that threaten \n peacekeepers across the globe may draw the conclusion that the \n UN lacks the will, the cohesion and even the capability to \n perform its essential peacekeeping function''.\n (5) Both the nations of Europe and the United States have \n recognized the value and need for rapidly deployable combat \n units in response to a full spectrum of contingencies, \n including peacekeeping and humanitarian operations, low-\n intensity conflicts, and full-scale warfare. The European Union \n has proposed forming a standing police force and rapid \n deployment brigades as part of the European Defense Force, and \n in the United States, the Department of Defense is establishing \n interim brigade combat teams as part of the overall Army \n transformation strategy.\n (6) The United States' veto power in the United Nations \n Security Council gives it the capacity to halt the deployment \n of United Nations forces if the deployment is not in the \n national interests of the United States.\n\nSEC. 3. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND \n SECURITY FORCE.\n\n (a) Establishment.--The President shall direct the United States \nrepresentative to the United Nations to use the voice, vote, and \ninfluence of the United States to urge the United Nations--\n (1) to establish a United Nations Rapid Deployment Police \n and Security Force (UNRDPSF) that--\n (A) is rapidly deployable under the authority of \n the United Nations Security Council;\n (B) should be able to deploy within 15 days of a \n United Nations Security Council resolution to establish \n international peace operations;\n (C) is limited to a maximum deployment of six \n months for any given mission;\n (D) should be deployed only when the United Nations \n Security Council determines that violations of human \n rights, breaches of the peace, or the failure to \n restore the rule of law, requires rapid response to \n ensure adherence to negotiated agreements to prevent or \nend hostilities;\n (E) should be composed of at least 6,000 volunteers \n who train together and are appropriately equipped \n expressly for international peace operations, including \n civilian policing; and\n (F) should be given the authority to protect \n itself, execute negotiated peace accords, disarm \n combatants, protect civilians, detain war criminals, \n restore the rule of law, and to carry out other \n purposes as detailed in United Nations Security Council \n resolutions;\n (2) to recruit personnel to serve in the Force; and\n (3) to provide equitable and reliable funding for the \n Force.\n (b) Definition.--In this section, the term ``international peace \noperations'' means any operation carried out under a United Nations \nSecurity Council resolution.\n\nSEC. 4. ESTABLISHMENT OF RAPID DEPLOYMENT BRIGADES.\n\n In order to promote the development of human and material resources \nfor United Nations peacekeeping operations as recommended by the August \n2000 Report of the Panel on United Nations Peace Operations (A\/55\/305; \nS\/2000\/809), commonly known as the ``Brahimi Report'', the President--\n (1) shall direct the Secretary of State and the United \n States representative to the United Nations to encourage the \n member nations of the United Nations to enter into partnerships \n with one another, in the context of the United Nations Stand-by \n Arrangements System (UNSAS), to form the basis for Rapid \n Deployment Brigades, which would develop the operational \n capabilities to fully deploy ``traditional'' peacekeeping \n operations within 30 days of the adoption of a Security Council \n resolution and ``complex'' peacekeeping operations within 90 \n days of the adoption of a Security Council resolution; and\n (2) shall direct the Secretary of Defense to undertake a \n study, not later than six months after the date of the \n enactment of this Act, to determine the advisability of and the \n feasibility of using interim combat brigade teams as part of \n Rapid Deployment Brigades as described in paragraph (1).\n\nSEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT.\n\n Not later than one year after the date of enactment of this Act, \nthe President shall prepare and transmit to the Congress a report on--\n (1) the status of negotiations to establish a United \n Nations Rapid Deployment Police and Security Force (UNRDPSF) in \n accordance with section 3;\n (2) the status of United States activities to encourage \n member nations of the United Nations to establish Rapid \n Deployment Brigades in accordance with section 4(1); and\n (3) the results of the study conducted under section 4(2).","summary":"United Nations Rapid Deployment Act of 2001 - Requires the President to direct the US representative to the United Nations (UN) to use the voice, vote, and influence of the United States to urge the UN to: (1) establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that is rapidly deployable under the authority of the UN Security Council, and that meets other specified requirements, (2) recruit UNRDPSF personnel. And (3) provide equitable and reliable funding. Requires the President, in order to promote the development of human and material resources for UN peacekeeping operations as recommended by the August 2000 Report of the Panel on UN Peace Operations , to: (1) direct the Secretary of State and the US representative to the UN to encourage UN member nations to enter into partnerships with one another to form Rapid Deployment Brigades which could develop operational capabilities to fully deploy peacekeeping operations within a specified time. And (2) direct the Secretary of Defense to study the advisability of and feasibility of using interim combat brigade teams as part of the Rapid Deployment Brigades.","title":"To enhance the capability of the United Nations to rapidly respond to emerging crises.","text_len":8523,"sum_len":1148} {"bill_id":"112_hr3210","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Retailers and Entertainers Lacey \nImplementation and Enforcement Fairness Act'' or the ``RELIEF Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Amendments to the Lacey Act Amendments of 1981 were \n enacted as part of the Food, Conservation, and Energy Act of \n 2008 (Public Law 110-246).\n (2) The 2008 amendments were intended to level the playing \n field for American businesses engaged in the responsible \n harvest, shipment, manufacture, and trade of plants and plant \n products whose prices had been undercut by a black market \n fueled by irresponsible and illegal taking of protected plants \n around the globe.\n (3) The 2008 amendments were overly broad and their \n enforcement as enacted could criminalize actions of a good-\n faith owner, purchaser, or retailer of a plant or plant \n product, subjecting them to penalties that include forfeiture, \n fines, and imprisonment.\n (4) Sanctions for violating the 2008 amendments should be \n proportional to the act in violation. An individual who is not \n in the commercial shipping business should not be held to the \n same standard of compliance under that Act.\n (5) Individuals fear that they risk incurring those \n penalties by merely owning or traveling with a vintage musical \n instrument, antique furniture, or another wood product.\n (6) The Department of the Interior and Department of \n Justice have stated ``people who unknowingly possess a musical \n instrument or other object containing wood that was illegally \n taken, possessed, transported or sold in violation of law and \n who, in the exercise of due care would not have known that it \n was illegal, do not have criminal exposure.''.\n (7) It is necessary to clarify the 2008 amendments so that \n legally harvested new plant products can enter the market \n place.\n (8) Declaration requirements for plant products imported or \n manufactured prior to May 22, 2008, are unreasonable since the \n sourcing of plant products was not previously required by law.\n (9) Federal law enforcement officials should not engage in \n overzealous enforcement action under the 2008 amendments.\n (10) It is important to ensure that the appropriate \n agencies have the necessary funding to implement the current \n phases of the declaration requirement before considering any \n future phases.\n (11) The appropriate agencies have the responsibility of \n providing a publicly accessible database so that everyone can \n be notified of the foreign laws of countries as they apply to \n the importation of plants.\n\nSEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS UNDER LACEY ACT \n AMENDMENTS OF 1981.\n\n (a) Limitation on Application of Act to Certain Plants and Plant \nProducts.--The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) is \namended by redesignating section 9 as section 10, and by inserting \nafter section 8 the following:\n\n``SEC. 9. LIMITATION ON APPLICATION TO CERTAIN PLANTS AND PLANT \n PRODUCTS.\n\n ``This Act does not apply with respect to--\n ``(1) any plant that was imported into the United States \n before May 22, 2008; or\n ``(2) any finished plant or plant product the assembly and \n processing of which was completed before May 22, 2008.''.\n (b) Limitations on Application of Plant Declaration Requirement.--\nSection 3(f) of such Act (16 U.S.C. 3372(f)) is amended--\n (1) in paragraph (1), by inserting ``that is entered for \n consumption (as that term is defined in part 141.0a of title \n 19, Code of Federal Regulations, as in effect on the date of \n enactment of the Retailers and Entertainers Lacey \n Implementation and Enforcement Fairness Act)'' after ``plant''; \n and\n (2) in paragraph (3)--\n (A) by inserting ``(A)'' before ``Paragraphs (1)''; \n and\n (B) by adding at the end the following:\n ``(B)(i) In the case of a plant product that is derived \n from a tree, a declaration under paragraph (1) or (2) is not \n required to include information referred to in subparagraph \n (A), (B), or (C) of that paragraph unless the plant product is \n solid wood.\n ``(ii) The Administrator of the Animal and Plant Health \n Inspection Service shall issue regulations that define the term \n `solid wood' for purposes of this subparagraph.''.\n (c) Application of Civil Forfeiture Laws.--Section 5(d) of such Act \n(16 U.S.C. 3374(d)) is amended--\n (1) by inserting ``(1)'' before ``Civil'';\n (2) by inserting ``, except as provided in paragraphs (2) \n and (3) of this subsection'' before the period at the end; and\n (3) by adding at the end the following:\n ``(2) Subsection (d)(4) of section 983 of such chapter, and the \nsecond sentence of subsection (a)(1)(F) of such section, shall not \napply to plants or plant products.\n ``(3) This section is the sole authority for civil seizure or \nforfeiture actions alleging, or predicated upon, a violation of section \n3.''.\n\nSEC. 4. LIMITATION ON APPLICATION OF FOREIGN LAWS.\n\n (a) Prohibited Acts.--Section 3(a) of such Act (16 U.S.C. 3372(a)) \nis amended--\n (1) in paragraph (2)(B), in clause (ii) and in clause \n (iii), by striking ``foreign law'' and inserting ``foreign law \n that is directed at the protection, conservation, and \n management of plants''; and\n (2) in paragraph (3)(B), in clause (ii) and in clause \n (iii), by striking ``foreign law'' and inserting ``foreign law \n that is directed at the protection, conservation, and \n management of plants''.\n (b) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C. \n3373(a)(1)) is amended by striking ``foreign law'' and inserting \n``foreign law that is directed at the protection, conservation, and \nmanagement of plants''.\n\nSEC. 5. REVIEW AND REPORT.\n\n Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended--\n (1) in paragraph (4), by striking ``Not later than two \n years after the date of enactment of this subsection,'' and \n inserting ``Not later than 180 days after the date of enactment \n of the Retailers and Entertainers Lacey Implementation and \n Enforcement Fairness Act,''; and\n (2) in paragraph (5)--\n (A) by striking ``Not later than 180 days after the \n date on which the Secretary completes the review under \n paragraph (4), the Secretary'' and inserting ``Not \n later than 180 days after the date the Secretary \n completes the review under paragraph (4), the Director \n of the United States Fish and Wildlife Service'';\n (B) by striking ``and'' after the semicolon at the \n end of subparagraph (B);\n (C) by striking the period at the end of \n subparagraph (C) and inserting ``; and''; and\n (D) by adding at the end the following:\n ``(D) an evaluation of the feasibility of creating \n and maintaining a publicly available database of laws \n of foreign countries from which plants are exported.''.\n ","summary":"Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act or the RELIEF Act - Amends the Lacey Act Amendments of 1981 to: (1) make such Act inapplicable to any plant that was imported into the United States before May 22, 2008, or any finished plant or plant product the assembly and processing of which was completed before such date. (2) limit the application of plant importation declaration requirements to plants that are entered for consumption. And (3) exclude from declaration requirements a plant product that is derived from a tree unless the product is solid wood . Provides that: (1) civil forfeiture provisions that prohibit any person from asserting an ownership interest in contraband or other property that it is illegal to possess, or that prohibit the federal government from being required to return contraband or other property that the person from whom the property was seized may not legally possess, shall not apply to plants or plant products. And (2) civil forfeiture provisions of such Act are the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of such Act. Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce, or any person within the special maritime and territorial jurisdiction of the United States from possessing, a plant taken, possessed, transported, or sold: (1) without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any state or any foreign law that is directed at the protection, conservation, and management of plants. And (2) in violation of any limitation under any law or regulation of any state, or under foreign law, governing the export or transshipment of plants and that is directed at the protection, conservation, and management of plants Limits the application of a civil penalty under such Act for violations of foreign laws to violations of foreign laws that are directed at the protection, conservation, and management of plants. Requires the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970, to review the implementation of plant declarations with 180 days. Requires the Director of the United States Fish and Wildlife Service to report on plant declaration requirements, including an evaluation of the feasibility of creating a publicly available database of laws of foreign countries from which plants are exported.","title":"To amend the Lacey Act Amendments of 1981 to limit the application of that Act with respect to plants and plant products that were imported before the effective date of amendments to that Act enacted in 2008, and for other purposes.","text_len":7748,"sum_len":2610} {"bill_id":"104_hr3159","text":"TITLE I--NTSB AMENDMENTS\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``National Transportation Safety \nBoard Amendments of 1996''.\n\nSEC. 102. FOREIGN INVESTIGATIONS.\n\n Section 1114 of title 49, United States Code, is amended--\n (1) by striking ``(b) and (c)'' in subsection (a) and inserting \n ``(b), (c), and (e)''; and\n (2) by adding at the end the following:\n ``(e) Foreign Investigations.--\n ``(1) In general.--Notwithstanding any other provision of law, \n neither the Board, nor any agency receiving information from the \n Board, shall disclose records or information relating to its \n participation in foreign aircraft accident investigations; except \n that--\n ``(A) the Board shall release records pertaining to such an \n investigation when the country conducting the investigation \n issues its final report or 2 years following the date of the \n accident, whichever occurs first; and\n ``(B) the Board may disclose records and information when \n authorized to do so by the country conducting the \n investigation.\n ``(2) Safety recommendations.--Nothing in this subsection shall \n restrict the Board at any time from referring to foreign accident \n investigation information in making safety recommendations.''.\n\nSEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.\n\n Section 1114(b) of title 49, United States Code, is amended by \nadding at the end the following:\n ``(3) Protection of Voluntary Submission of Information.--\n Notwithstanding any other provision of law, neither the Board, nor \n any agency receiving information from the Board, shall disclose \n voluntarily provided safety-related information if that information \n is not related to the exercise of the Board's accident or incident \n investigation authority under this chapter and if the Board finds \n that the disclosure of the information would inhibit the voluntary \n provision of that type of information.''.\n\nSEC. 104. TRAINING.\n\n Section 1115 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(d) Training of board employees and others.--The Board may \n conduct training of its employees in those subjects necessary for \n the proper performance of accident investigation. The Board may \n also authorize attendance at courses given under this subsection by \n other government personnel, personnel of foreign governments, and \n personnel from industry or otherwise who have a requirement for \n accident investigation training. The Board may require non-Board \n personnel to reimburse some or all of the training costs, and \n amounts so reimbursed shall be credited to the appropriation of the \n `National Transportation Safety Board, Salaries and Expenses' as \n offsetting collections.''.\n\nSEC. 105. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 1118(a) of title 49, United States Code, is amended--\n (1) by striking ``and''; and\n (2) by inserting before the period at the end of the first \n sentence the following: ``, $42,400,00 for fiscal year 1997, \n $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year \n 1999.''.\n\n TITLE II--INTERMODAL TRANSPORTATION\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Intermodal Safe Container \nTransportation Amendments Act of 1996''.\n\nSEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.\n\n Except as otherwise expressly provided, whenever in this title an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of title 49 of the United \nStates Code.\n\nSEC. 203. DEFINITIONS.\n\n Section 5901 (relating to definitions) is amended--\n (1) by striking paragraph (1) and inserting the following:\n ``(1) except as otherwise provided in this chapter, the \n definitions in sections 10102 and 13102 of this title apply.'';\n (2) by redesignating paragraphs (6) and (7) as paragraphs (7) \n and (8), respectively; and\n (3) by inserting after paragraph (5) the following:\n ``(6) `gross cargo weight' means the weight of the cargo, \n packaging materials (including ice), pallets, and dunnage.''.\n\nSEC. 204. NOTIFICATION AND CERTIFICATION.\n\n (a) Prior Notification.--Subsection (a) of section 5902 (relating \nto prior notification) is amended--\n (1) by striking ``Before a person tenders to a first carrier \n for intermodal transportation a'' and inserting ``If the first \n carrier to which any'';\n (2) by striking ``10,000 pounds (including packing material and \n pallets), the person shall give the carrier a written'' and \n inserting ``29,000 pounds is tendered for intermodal transportation \n is a motor carrier, the person tendering the container or trailer \n shall give the motor carrier a'';\n (3) by striking ``trailer.'' and inserting ``trailer before the \n tendering of the container or trailer.'';\n (4) by striking ``electronically.'' and inserting \n ``electronically or by telephone.''; and\n (5) by adding at the end thereof the following: ``This \n subsection applies to any person within the United States who \n tenders a container or trailer subject to this chapter for \n intermodal transportation if the first carrier is a motor \n carrier.''.\n (b) Certification.--Subsection (b) of section 5902 (relating to \ncertification) is amended to read as follows:\n ``(b) Certification.--\n ``(1) In general.--A person who tenders a loaded container or \n trailer with an actual gross cargo weight of more than 29,000 \n pounds to a first carrier for intermodal transportation shall \n provide a certification of the contents of the container or trailer \n in writing, or electronically, before or when the container or \n trailer is so tendered.\n ``(2) Contents of certification.--The certification required by \n paragraph (1) shall include--\n ``(A) the actual gross cargo weight;\n ``(B) a reasonable description of the contents of the \n container or trailer;\n ``(C) the identity of the certifying party;\n ``(D) the container or trailer number; and\n ``(E) the date of certification or transfer of data to \n another document, as provided for in paragraph (3).\n ``(3) Transfer of certification data.--A carrier who receives a \n certification may transfer the information contained in the \n certification to another document or to electronic format for \n forwarding to a subsequent carrier. The person transferring the \n information shall state on the forwarded document the date on which \n the data was transferred and the identity of the party who \n performed the transfer.\n ``(4) Shipping documents.--For purposes of this chapter, a \n shipping document, prepared by the person who tenders a container \n or trailer to a first carrier, that contains the information \n required by paragraph (2) meets the requirements of paragraph (1).\n ``(5) Use of `freight all kinds' term.--The term `Freight All \n Kinds' or `FAK' may not be used for the purpose of certification \n under section 5902(b) after December 31, 2000, as a commodity \n description for a trailer or container if the weight of any \n commodity in the trailer or container equals or exceeds 20 percent \n of the total weight of the contents of the trailer or container. \n This subsection does not prohibit the use of the term after that \n date for rating purposes.\n ``(6) Separate document marking.--If a separate document is \n used to meet the requirements of paragraph (1), it shall be \n conspicuously marked `INTERMODAL CERTIFICATION'.\n ``(7) Applicability.--This subsection applies to any person, \n domestic or foreign, who first tenders a container or trailer \n subject to this chapter for intermodal transportation within the \n United States.''.\n (c) Forwarding Certifications.--Subsection (c) of section 5902 \n(relating to forwarding certifications to subsequent carriers) is \namended--\n (1) by striking ``transportation.'' and inserting \n ``transportation before or when the loaded intermodal container or \n trailer is tendered to the subsequent carrier. If no certification \n is received by the subsequent carrier before or when the container \n or trailer is tendered to it, the subsequent carrier may presume \n that no certification is required.''; and\n (2) by adding at the end thereof the following: ``If a person \n inaccurately transfers the information on the certification, or \n fails to forward the certification to a subsequent carrier, then \n that person is liable to any person who incurs any bond, fine, \n penalty, cost (including storage), or interest for any such fine, \n penalty, cost (including storage), or interest incurred as a result \n of the inaccurate transfer of information or failure to forward the \n certification. A subsequent carrier who incurs a bond, fine, \n penalty, or cost (including storage), or interest as a result of \n the inaccurate transfer of the information, or the failure to \n forward the certification, shall have a lien against the contents \n of the container or trailer under section 5905 in the amount of the \n bond, fine, penalty, or cost (including storage), or interest and \n all court costs and legal fees incurred by the carrier as a result \n of such inaccurate transfer or failure.''.\n (d) Liability.--Section 5902 is amended by redesignating subsection \n(d) as subsection (e) and by inserting after subsection (c) the \nfollowing:\n ``(d) Liability to Owner or Beneficial Owner.--If--\n ``(1) a person inaccurately transfers information on a \n certification required by subsection (b)(1), or fails to forward a \n certification to the subsequent carrier;\n ``(2) as a result of the inaccurate transfer of such \n information or a failure to forward a certification, the subsequent \n carrier incurs a bond, fine, penalty, or cost (including storage), \n or interest; and\n ``(3) that subsequent carrier exercises its rights to a lien \n under section 5905,\nthen that person is liable to the owner or beneficial owner, or to any \nother person paying the amount of the lien to the subsequent carrier, \nfor the amount of the lien and all costs related to the imposition of \nthe lien, including court costs and legal fees incurred in connection \nwith it.''.\n (e) Nonapplication.--Subsection (e) of section 5902, as \nredesignated, is amended--\n (1) by redesignating paragraphs (1) and (2) as paragraphs (2) \n and (3), respectively, and by moving the text of paragraph (2), as \n so redesignated down 1 line and to the left, flush full measure and \n indenting such paragraph; and\n (2) by inserting before paragraph (2), as redesignated, the \n following:\n ``(1) The notification and certification requirements of \n subsections (a) and (b) of this section do not apply to any \n intermodal container or trailer containing consolidated shipments \n loaded by a motor carrier if that motor carrier--\n ``(A) performs the highway portion of the intermodal \n movement; or\n ``(B) assumes the responsibility for any weight-related \n fine or penalty incurred by any other motor carrier that \n performs a part of the highway transportation.''.\n\nSEC. 205. PROHIBITIONS.\n\n Section 5903 (relating to prohibitions) is amended--\n (1) by inserting after ``person'' in subsection (a) a comma and \n the following: ``To whom section 5902(b) applies,'';\n (2) by striking subsection (b) and inserting the following:\n ``(b) Transporting Prior to Receiving Certification.--\n ``(1) Presumption.--If no certification is received by a motor \n carrier before or when a loaded intermodal container or trailer is \n tendered to it, the motor carrier may presume that the gross cargo \n weight of the container or trailer is less than 29,001 pounds.\n ``(2) Copy of certification not required to accompany container \n or trailer.--Notwithstanding any other provision of this chapter to \n the contrary, a copy of the certification required by section \n 5902(b) is not required to accompany the intermodal container or \n trailer.'';\n (3) by striking ``10,000 pounds (including packing materials \n and pallets)'' in subsection (c)(1) and inserting ``29,000 \n pounds''; and\n (4) by adding at the end the following:\n ``(d) Notice to Leased Operators.--\n ``(1) In general.--If a motor carrier knows that the gross \n cargo weight of an intermodal container or trailer subject to the \n certification requirements of section 5902(b) would result in a \n violation of applicable State gross vehicle weight laws, then--\n ``(A) the motor carrier shall give notice to the operator \n of a vehicle which is leased by the vehicle operator to a motor \n carrier that transports an intermodal container or trailer of \n the gross cargo weight of the container or trailer as certified \n to the motor carrier under section 5902(b);\n ``(B) the notice shall be provided to the operator prior to \n the operator being tendered the container or trailer;\n ``(C) the notice required by this subsection shall be in \n writing, but may be transmitted electronically; and\n ``(D) the motor carrier shall bear the burden of proof to \n establish that it tendered the required notice to the operator.\n ``(2) Reimbursement.--If the operator of a leased vehicle \n transporting a container or trailer subject to this chapter is \n fined because of a violation of a State's gross vehicle weight laws \n or regulations and the lessee motor carrier cannot establish that \n it tendered to the operator the notice required by paragraph (1) of \n this subsection, then the operator shall be entitled to \n reimbursement from the motor carrier in the amount of any fine and \n court costs resulting from the failure of the motor carrier to \n tender the notice to the operator.''.\n\nSEC. 206. LIENS.\n\n Section 5905 (relating to liens) is amended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) General.--If a person involved in the intermodal \ntransportation of a loaded container or trailer for which a \ncertification is required by section 5902(b) of this title is required, \nbecause of a violation of a State's gross vehicle weight laws or \nregulations, to post a bond or pay a fine, penalty, cost (including \nstorage), or interest resulting from--\n ``(1) erroneous information provided by the certifying party in \n the certification to the first carrier in violation of section \n 5903(a) of this title;\n ``(2) the failure of the party required to provide the \n certification to the first carrier to provide it;\n ``(3) the failure of a person required under section 5902(c) to \n forward the certification to forward it; or\n ``(4) an error occurring in the transfer of information on the \n certification to another document under section 5902(b)(3) or (c),\nthen the person posting the bond, or paying the fine, penalty, costs \n(including storage), or interest has a lien against the contents equal \nto the amount of the bond, fine, penalty, cost (including storage), or \ninterest incurred, until the person receives a payment of that amount \nfrom the owner or beneficial owner of the contents, or from the person \nresponsible for making or forwarding the certification, or transferring \nthe information from the certification to another document.'';\n (2) by inserting a comma and ``or the owner or beneficial owner \n of the contents,'' after ``first carrier'' in subsection (b)(1); \n and\n (3) by striking ``cost, or interest.'' in subsection (b)(1) and \n inserting ``cost (including storage), or interest. The lien shall \n remain in effect until the lien holder has received payment for all \n costs and expenses described in subsection (a) of this section.''.\n\nSEC. 207. PERISHABLE AGRICULTURAL COMMODITIES.\n\n Section 5906 (relating to perishable agricultural commodities) is \namended by striking ``Sections 5904(a)(2) and 5905 of this title do'' \nand inserting ``Section 5905 of this title does''.\n\nSEC. 208. EFFECTIVE DATE.\n\n (a) In General.--Section 5907 (relating to regulations and \neffective date) is amended to read as follows:\n\n``Sec. 5907. Effective date\n\n ``This chapter shall take effect 180 days after the date of \nenactment of the Intermodal Safe Container Transportation Amendments \nAct of 1996.''.\n (b) Clerical Amendment.--The table of sections for chapter 59 is \namended by striking the item relating to section 5907 and inserting the \nfollowing:\n\n``5907. Effective date.''.\n\nSEC. 209. RELATIONSHIP TO OTHER LAWS.\n\n (a) In General.--Chapter 59 is amended by adding at the end thereof \nthe following:\n\n``Sec. 5908. Relationship to other laws\n\n ``Nothing in this chapter affects--\n ``(1) chapter 51 (relating to transportation of hazardous \n material) or the regulations promulgated under that chapter; or\n ``(2) any State highway weight or size law or regulation \n applicable to tractor-trailer combinations.''.\n (b) Clerical Amendment.--The table of sections for such chapter is \namended by adding at the end thereof the following:\n\n``5908. Relationship to other laws.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances. Or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier a container or trailer with a gross cargo weight of more than 29,000 pounds for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it. (2) failure of the party required to forward such certification to forward it. Or (3) error in the transfer of information on the certification to another document.","title":"National Transportation Safety Board Amendments of 1996","text_len":18058,"sum_len":2814} {"bill_id":"110_hr4959","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iraq Strategic Agreement Review Act \nof 2008''.\n\nSEC. 2. DEFINITION.\n\n In this Act, the term ``long-term security, economic, or political \nagreement with the Government of Iraq'' means any agreement or \ncommitment of more than one year, which is made by the President or any \nofficer, employee, or representative of the executive branch of the \nGovernment of the United States with the Government of Iraq that \nincludes--\n (1) the basing of the Armed Forces of the United States \n within the territory of Iraq;\n (2) defending Iraq's system of government from internal and \n external threats;\n (3) providing security assurances and commitments to deter \n foreign aggression against Iraq;\n (4) the military training or equipping of the Iraqi \n Security Forces;\n (5) economic, monetary, material and technical commerce, \n and arrangements; or\n (6) diplomatic and political understandings.\n\nSEC. 3. FINDINGS.\n\n Congress finds the following:\n (1) Under Article I of the Constitution of the United \n States, the Congress has the power to provide for the common \n defense, to regulate commerce with foreign nations, to raise, \n support, provide, and maintain the military, and to make rules \n for the Government and regulation of the military.\n (2) Under Article II of the Constitution of the United \n States, the President is the Commander in Chief of the military \n and has the power to receive Ambassadors and other public \n ministers.\n (3) Under Article II of the Constitution of the United \n States, the President has the right to make treaties by and \n with the advice and consent of two-thirds of the Senate.\n (4) The North Atlantic Treaty, which created the North \n Atlantic Treaty Organization (NATO), entered into force on \n August 24, 1949, after approval by the Senate with each \n protocol providing for the accession of an additional country \n approved by the Senate.\n (5) The Mutual Defense Treaty between the United States and \n South Korea, which established a long-term United States \n military presence on the Korean peninsula, entered into force \n on November 17, 1954, after approval by the Senate.\n (6) The Treaty of Mutual Cooperation and Security between \n the United States and Japan, which established a long-term \n United States military presence in Japan, entered into force on \n June 23, 1960, after approval by the Senate.\n (7) On June 1, 2007, Secretary of Defense Robert Gates \n discussed a ``long and enduring presence'' in Iraq of which the \n ``Korea model'' and the ``security relationship that we have \n with Japan'' are examples.\n (8) On November 26, 2007, President George W. Bush and \n Iraqi Prime Minister Nouri al-Maliki signed a ``Declaration of \n Principles for a Long-Term Relationship of Cooperation and \n Friendship Between the Republic of Iraq and the United States \n of America'', outlining the parameters for negotiation of a \n long-term relationship in the security, economic, political, \n diplomatic, and cultural spheres.\n (9) The Declaration of Principles include, ``supporting the \n Republic of Iraq in defending its democratic system against \n internal and external threats'', ``providing security \n assurances and commitments to the Republic of Iraq to deter \n foreign aggression against Iraq'', and ``supporting the \n Republic of Iraq in training, equipping, and arming the Iraqi \n Security Forces''.\n (10) On November 26, 2007, Assistant to the President and \n Deputy National Security Advisor for Iraq and Afghanistan, \n Lieutenant General Douglas E. Lute, stated that he does not \n ``anticipate now that these negotiations [under the Declaration \n of Principles] will lead to the status of a formal treaty which \n would then bring us to formal negotiations or formal inputs \n from the Congress''.\n (11) On November 26, 2007, Assistant to the President and \n Deputy National Security Advisor for Iraq and Afghanistan, \n Lieutenant General Douglas E. Lute, further stated that the \n ``target'' to conclude negotiations is July 2008.\n\nSEC. 4. CONSULTATIONS WITH CONGRESS.\n\n (a) Consultations.--\n (1) In general.--Immediately upon the date of the enactment \n of this Act, the Secretary of State, the Secretary of Defense, \n and any other necessary officer, employee, or representative of \n the executive branch of the Government of the United States \n shall commence consultations with the congressional committees \n and leadership described in paragraph (2) on any potential \n long-term security, economic, or political agreement with the \n Government of Iraq.\n (2) Congressional committees and leadership described.--The \n congressional committees and leadership referred to in \n paragraph (1) are--\n (A) the Committee on Foreign Relations and the \n Committee on Armed Services of the Senate and the \n Committee on Foreign Affairs and the Committee on Armed \n Services of the House of Representatives;\n (B) the Speaker, majority leader, and minority \n leader of the House of Representatives and majority \n leader and minority leader of the Senate; and\n (C) any other congressional committee, Senator, or \n Member of the House of Representatives that requests \n consultations under paragraph (1).\n (b) Framework.--Consultations required under subsection (a) shall \ninclude full and complete transparency of all security, economic, \npolitical, and other arrangements under consideration for the \nagreement.\n (c) Timeframe.--Consultations required under subsection (a) shall \ncontinue throughout the period of negotiations with the Government of \nIraq to conclude the agreement.\n\nSEC. 5. SENSE OF CONGRESS.\n\n It is the sense of the Congress that--\n (1) full Iraqi sovereignty over its territories, waters, \n and airspace, and Iraqi control over its armed forces and \n administrative institutions is in the national interest of the \n United States; and\n (2) any long-term security, economic, or political \n agreement with the Government of Iraq that is not in the form \n of a treaty with respect to which the Senate has given its \n advice and consent to ratification under Article II of the \n Constitution of the United States does not have the force and \n effect of law.\n\nSEC. 6. LIMITATION ON THE USE OF FUNDS.\n\n No funds made available by any Act of Congress shall be obligated \nor expended for the implementation of any long-term security, economic, \nor political agreement with the Government of Iraq unless the agreement \nis in the form of a treaty with respect to which the Senate has given \nits advice and consent to ratification under Article II of the \nConstitution of the United States.","summary":"Iraq Strategic Agreement Review Act of 2008 - Directs the Secretary of State, the Secretary of Defense, and any other necessary representative of the executive branch of the US government to begin consultations with the appropriate congressional committees and leadership on any potential long-term security, economic, or political agreement (agreement) with the government of Iraq. Expresses the sense of the Congress that: (1) full Iraqi sovereignty is in the US national interest. And (2) any agreement that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law. Prohibits obligating or expending funds for the implementation of any agreement with the government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II.","title":"To provide for congressional consultation with respect to any long-term security, economic, or political agreement with the Government of Iraq and to ensure that any such agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.","text_len":7472,"sum_len":980} {"bill_id":"107_hr4123","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be cited as the ``Adult Education Instructor \nRecruitment and Retention Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Adult literacy and remedial education teachers provide \n adults and out-of-school youths basic skills that equip them to \n solve problems and become active participants in our society, \n to hold a job, and to further their education.\n (2) Students in adult literacy and remedial education \n classes are made up of those who dropped out of school or have \n passed through the school system without an adequate education. \n It also includes students who want to take the General \n Educational Development examination and, increasingly, \n immigrants whose native language is not English.\n (3) In the year 1998, there were over 4,000,000 students \n enrolled in adult education programs throughout the United \n States.\n (4) Nearly one-fourth of the 4,000,000 students enrolled \n were unemployed. Another 24 percent were working poor. Welfare \n recipients comprised almost 10 percent of all students in 1998.\n (5) That same year, there were 177,943 adult education \n instructors. Nearly 23,000 of those were working full-time, \n with another 69,129 working part-time. The remaining 85,924 \n teachers were volunteers.\n (6) Adult education has been shown to assist persons in \n achieving job skills and gain or advance in employment. For \n example, in 1998, over 150,000 adult education students went on \n to do other training; nearly 300,000 students retained, \n advanced, or gained employment.\n (7) As employers increasingly require a more literate \n workforce, workers' demand will grow for all types of literacy \n and remedial classes.\n (8) A softening economy may require more students to obtain \n additional education to get a job.\n (9) Adult education instructors often feel they are not as \n respected by education departments as their general education \n peers. Funding is generally inadequate, and resources are often \n old or nonexistent. Funding level changes can cause the number \n of teaching jobs to fluctuate from year to year.\n (10) Median hourly earnings of adult literacy and remedial \n education teachers and high school equivalency instructors were \n $16.12 in 2000. Yet, many adult education teachers have high \n student loans that they need to repay.\n\nSEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.\n\n (a) Guaranteed Student Loans.--Part B of title IV of the Higher \nEducation Act of 1965 is amended by inserting after section 428K (20 \nU.S.C. 1078-11) the following new section:\n\n``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.\n\n ``(a) Purpose.--It is the purpose of this section--\n ``(1) to bring more highly trained individuals into the \n adult education profession; and\n ``(2) to keep more highly trained adult education \n instructors in the adult education field for longer periods of \n time.\n ``(b) Definitions.--In this section:\n ``(1) Adult education facility.--The term `adult education \n facility' means a facility that provides any of the following \n types of educational instruction for individuals 16 years old \n and older:\n ``(A) Education for adults with limited English \n proficiency.\n ``(B) Adult secondary education.\n ``(C) Literacy education for older adults.\n ``(D) Adult basic education programs for adults \n with disabilities.\n ``(2) Year.--The term `year', when applied to service as an \n adult education instructor means any period of 365 consecutive \n days.\n ``(3) Low-income family.--The term `low-income family' \n means a low-income family, as determined by the local \n educational agency for purposes of allocating funds to schools \n under section 1113(c)(1) of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 6313(c)(1)).\n ``(4) Low-income community.--An adult education facility is \n serving a low-income community if at least 70 percent of the \n students enrolled at the facility are from low-income families.\n ``(5) Full-time.--The term `full-time' means employment \n that includes at least 30 hours per week of adult education \n teaching.\n ``(c) Program Authorized.--The Secretary shall carry out a program, \nthrough the holder of the loan, of assuming the obligation to repay a \nqualified loan amount for a loan made under section 428 or 428H, in \naccordance with subsection (d) of this section, for any borrower who--\n ``(1) has been employed as a full-time teacher for 3 \n consecutive years in an adult education facility that serves a \n low-income community; and\n ``(2) is not in default on a loan for which the borrower \n seeks forgiveness.\n ``(d) Loan Repayment.--\n ``(1) In general.--The Secretary shall assume the \n obligation to repay a qualified loan amount for each year of \n employment described in subsection (c)(1) completed after the \n date of enactment of this section, but counting consecutive \n years before or after such date for purposes of determining the \n number of consecutive years. Such qualified loan amount shall \n be equal to--\n ``(A) $500 for the third consecutive year of \n employment;\n ``(B) $1,000 for the fourth consecutive year of \n such employment;\n ``(C) $1,500 for the fifth consecutive year of such \n employment; and\n ``(D) $2,000 for the sixth consecutive year of such \n employment.\n ``(2) No refunds.--Nothing in this section shall be \n construed to authorize the refunding of any repayment of a loan \n made under this part.\n ``(3) Interest.--If a portion of a loan is repaid by the \n Secretary under this section for any year, the proportionate \n amount of interest on such loan which accrues for such year \n shall be repaid by the Secretary.\n ``(4) Ineligibility of national service award recipients.--\n No student borrower may, for the same service, receive a \n benefit under both this section and subtitle D of title I of \n the National and Community Service Act of 1990 (42 U.S.C. 12601 \n et seq.).\n ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to \neach eligible lender or holder for each fiscal year an amount equal to \nthe aggregate amount of loans which are subject to repayment pursuant \nto this section for such year.\n ``(f) Application for Repayment.--\n ``(1) In general.--Each eligible individual desiring loan \n repayment under this section shall submit a complete and \n accurate application to the Secretary at such time, in such \n manner, and containing such information as the Secretary may \n require.\n ``(2) Conditions.--An eligible individual may apply for \n loan repayment under this section after completing each year of \n qualifying employment. The borrower shall receive forbearance \n while engaged in qualifying employment unless the borrower is \n in deferment while so engaged.\n ``(g) Regulations.--The Secretary is authorized to prescribe such \nregulations as may be necessary to carry out the provisions of this \nsection.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $50,000,000 for fiscal year \n2003, and such sums as may be necessary for succeeding fiscal years.''.\n (b) Direct Loans.--Part D of title IV of the Higher Education Act \nof 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the \nfollowing new section:\n\n``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.\n\n ``(a) Purpose.--It is the purpose of this section--\n ``(1) to bring more highly trained individuals into the \n adult education profession; and\n ``(2) to keep more highly trained adult education \n instructors in the adult education field for longer periods of \n time.\n ``(b) Definitions.--In this section:\n ``(1) Adult education facility.--The term `adult education \n facility' means a facility that provides any of the following \n types of educational instruction for individuals 16 years old \n and older:\n ``(A) Education for adults with limited English \n proficiency.\n ``(B) Adult secondary education.\n ``(C) Literacy education for older adults.\n ``(D) Adult basic education programs for adults \n with disabilities.\n ``(2) Year.--The term `year', when applied to service as an \n adult education instructor means any period of 365 consecutive \n days.\n ``(3) Low-income family.--The term `low-income family' \n means a low-income family, as determined by the local \n educational agency for purposes of allocating funds to schools \n under section 1113(c)(1) of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 6313(c)(1)).\n ``(4) Low-income community.--An adult education facility is \n serving a low-income community if at least 70 percent of the \n students enrolled at the facility are from low-income families.\n ``(5) Full-time.--The term `full-time' means employment \n that includes at least 30 hours per week of adult education \n teaching.\n ``(c) Program Authorized.--The Secretary shall carry out a program \nof cancelling the obligation to repay a qualified loan amount for \nFederal Direct Stafford Loans and Federal Direct Unsubsidized Stafford \nLoans in accordance with subsection (d) of this section, for any \nborrower who--\n ``(1) has been employed as a full-time teacher for 3 \n consecutive years in an adult education facility that serves a \n low-income community; and\n ``(2) is not in default on a loan for which the borrower \n seeks forgiveness.\n ``(d) Loan Repayment.--\n ``(1) In general.--The Secretary shall cancel the \n obligation to repay a qualified loan amount for each year of \n employment described in subsection (c)(1) completed after the \n date of enactment of this section, but counting consecutive \n years before or after such date for purposes of determining the \n number of consecutive years. Such qualified loan amount shall \n be equal to--\n ``(A) $500 for the third consecutive year of \n employment;\n ``(B) $1,000 for the fourth consecutive year of \n such employment;\n ``(C) $1,500 for the fifth consecutive year of such \n employment; and\n ``(D) $2,000 for the sixth consecutive year of such \n employment.\n ``(2) No refunds.--Nothing in this section shall be \n construed to authorize the refunding of any repayment of a loan \n made under this part.\n ``(3) Interest.--If a portion of a loan is repaid by the \n Secretary under this section for any year, the proportionate \n amount of interest on such loan which accrues for such year \n shall be repaid by the Secretary.\n ``(4) Ineligibility of national service award recipients.--\n No student borrower may, for the same service, receive a \n benefit under both this section and subtitle D of title I of \n the National and Community Service Act of 1990 (42 U.S.C. 12601 \n et seq.).\n ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to \neach eligible lender or holder for each fiscal year an amount equal to \nthe aggregate amount of loans which are subject to repayment pursuant \nto this section for such year.\n ``(f) Application for Repayment.--\n ``(1) In general.--Each eligible individual desiring loan \n repayment under this section shall submit a complete and \n accurate application to the Secretary at such time, in such \n manner, and containing such information as the Secretary may \n require.\n ``(2) Conditions.--An eligible individual may apply for \n loan repayment under this section after completing each year of \n qualifying employment. The borrower shall receive forbearance \n while engaged in qualifying employment unless the borrower is \n in deferment while so engaged.\n ``(g) Regulations.--The Secretary is authorized to prescribe such \nregulations as may be necessary to carry out the provisions of this \nsection.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $50,000,000 for fiscal year \n2003, and such sums as may be necessary for succeeding fiscal years.''.","summary":"Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.","title":"To amend the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.","text_len":13536,"sum_len":186} {"bill_id":"111_s3873","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Environmental Health \nProtection Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) a growing body of scientific knowledge demonstrates \n that children may suffer disproportionately from environmental \n health risks and safety risks;\n (2) those risks arise because--\n (A) the neurological, immunological, digestive, and \n other bodily systems of children are still developing;\n (B) children eat more food, drink more fluids, and \n breathe more air in proportion to their body weight \n than adults;\n (C) the size and weight of children may diminish \n their protection from standard safety features; and\n (D) the behavior patterns of children may make \n children more susceptible to accidents because children \n are less able to protect themselves; and\n (3) each Federal agency, to the extent permitted by law and \n appropriate, and consistent with the mission of each Federal \n agency, should--\n (A) place a high priority on the identification and \n assessment of environmental health and safety risks \n that may disproportionately affect children, including \n where children live, learn, and play;\n (B) ensure that the policies, programs, activities, \n and standards of the Federal agency address \n disproportionate risks to children that result from \n environmental health or safety risks; and\n (C) participate in the implementation of, and \n comply with, this Act.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Director.--The term ``Director'' means the Director of \n the Office of Management and Budget.\n (3) Environmental health and safety risk.--\n (A) In general.--The term ``environmental health \n and safety risk'' means an environmental risk to the \n health or safety of a child that is posed by or \n otherwise attributable to a substance--\n (i) that the child is likely to ingest; or\n (ii) to which the child may otherwise be \n exposed.\n (B) Inclusions.--The term ``environmental health \n and safety risk'' includes an environmental risk that \n is posed by or otherwise attributable to--\n (i) air that is inhaled by, or that \n otherwise comes into contact with, a child;\n (ii) water used by a child for drinking or \n recreation;\n (iii) soil; and\n (iv) chemicals and other substances with \n which a child may come into contact.\n (4) Federal agency.--The term ``Federal agency'' means--\n (A) any department, agency, or other \n instrumentality of the Federal Government;\n (B) any independent agency or establishment of the \n Federal Government (including any Government \n corporation); and\n (C) the Government Printing Office.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (6) Task force.--The term ``Task Force'' means the Task \n Force to Address Environmental Health and Safety Risks to \n Children established by section 4(a).\n\nSEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO \n CHILDREN.\n\n (a) Establishment.--The Administrator, in consultation with the \nSecretary, shall establish a task force to be known as the ``Task Force \nto Address Environmental Health and Safety Risks to Children''.\n (b) Authority.--The Task Force shall report to the President, in \nconsultation with--\n (1) the Domestic Policy Council;\n (2) the National Science and Technology Council;\n (3) the Council on Environmental Quality; and\n (4) the Office of Management and Budget.\n (c) Membership.--The Task Force shall be composed of--\n (1) the Administrator of the Environmental Protection \n Agency, who shall serve as a Co-Chairperson of the Task Force;\n (2) the Secretary of Health and Human Services, who shall \n serve as Co-Chairperson of the Task Force;\n (3) the Secretary of Education;\n (4) the Secretary of Labor;\n (5) the Attorney General;\n (6) the Secretary of Energy;\n (7) the Secretary of Housing and Urban Development;\n (8) the Secretary of Agriculture;\n (9) the Secretary of Transportation;\n (10) the Secretary of Homeland Security;\n (11) the Director;\n (12) the Chairperson of the Council on Environmental \n Quality;\n (13) the Chairperson of the Consumer Product Safety \n Commission;\n (14) the Assistant to the President for Economic Policy;\n (15) the Assistant to the President for Domestic Policy;\n (16) the Assistant to the President for, and Director of \n the Office of, Science and Technology Policy;\n (17) the Chairperson of the Council of Economic Advisers; \n and\n (18) such other officials of Federal agencies as the \n Administrator and the Secretary may, from time to time, \n designate.\n (d) Delegation.--A member of the Task Force may delegate the \nresponsibilities of the member under this Act to 1 or more \nsubordinates.\n (e) Duties.--The Administrator, in consultation with the Secretary \nas a co-chair of the Task Force, shall, after providing notice and an \nopportunity for public participation and comment and, if determined to \nbe appropriate by the Administrator and the Secretary, using a \nconsensus-based approach--\n (1) recommend to the President Federal strategies to \n improve children's environmental health and safety, including--\n (A) statements of principles, general policy, and \n targeted annual priorities to guide the Federal \n approach to complying with this Act;\n (B) a coordinated research agenda for the Federal \n Government, including steps to implement the review of \n research databases described in paragraph (2)(A);\n (C) recommendations for appropriate partnerships \n among the Federal Government, State, local, and tribal \n governments, and the private, academic, and nonprofit \n sectors;\n (D) proposals to enhance public outreach and \n communication to assist families in evaluating risks to \n children (including where children live, learn, and \n play) and in making informed consumer choices;\n (E) an identification of high-priority initiatives \n that the Federal Government has undertaken or will \n undertake in advancing the protection of children's \n environmental health and safety;\n (F) a statement regarding the desirability of new \n legislation to advance the protection of children's \n environmental health and safety; and\n (G) other proposals to enhance the health and \n safety protection of children by Federal and State \n governments and by communities and families;\n (2) not later than 180 days after the date of enactment of \n this Act, develop or direct to be developed--\n (A) a review of existing and planned data \n resources; and\n (B) a proposed plan, which shall be reviewed by the \n Administrator and the Secretary, and other Federal \n agencies as the Administrator and the Secretary \n consider appropriate, and which shall be made available \n for public comment for a period of not less than 30 \n days--\n (i) for use in ensuring that researchers \n and Federal research agencies have access to \n information on all research conducted or funded \n by the Federal Government that relates to \n adverse health risks in children resulting from \n exposure to environmental health and safety \n risks; and\n (ii) that--\n (I) promotes the sharing of \n information on academic and private \n research; and\n (II) includes recommendations to \n encourage that such data, to the extent \n permitted by law, is available to the \n public, the scientific and academic \n communities, and all Federal agencies; \n and\n (3) submit to Congress (including the Committee on \n Environment and Public Works of the Senate and the Committee on \n Energy and Commerce of the House of Representatives) and the \n President, make available to the public, and provide to the \n Office of Science and Technology Policy and the National \n Science and Technology Council for use in establishing research \n priorities, a biennial report on research, data, or other \n information that would enhance understanding and analysis of, \n and response to, environmental health and safety risks, \n including--\n (A) a description provided by Federal agencies and \n other agencies identified by the Task Force of key data \n needs relating to environmental health and safety risks \n that have arisen in the course of carrying out projects \n and activities of the Federal agencies; and\n (B) a description of the accomplishments of the \n Task Force.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--This Act applies only to the Executive branch.\n (b) Effect of Act.--This Act does not create or establish any \nsubstantive or procedural right, benefit, or trust responsibility, \nenforceable at law or equity, by a party against the United States \n(including any agency, officer, or employee of the United States).\n (c) Judicial Review.--This Act does not create or establish any \nright to judicial review involving the compliance or noncompliance with \nthis Act by--\n (1) the United States (including any agency, officer, or \n employee of the United States); or\n (2) any other person.","summary":"Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety. (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks. And (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.","title":"A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children.","text_len":11480,"sum_len":804} {"bill_id":"107_s2089","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dangerous Explosives Background \nChecks Requirement Act''.\n\nSEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.\n\n (a) Permits for Purchase of Explosives in General.--\n (1) In general.--Section 842 of title 18, United States \n Code, is amended--\n (A) in subsection (a)(3), by striking subparagraphs \n (A) and (B) and inserting the following:\n ``(A) to transport, cause to be transported, ship, \n or receive any explosive materials; or\n ``(B) to distribute explosive materials to any \n person other than a licensee or permittee.''; and\n (B) in subsection (b)--\n (i) in paragraph (1), by adding ``or'' at \n the end;\n (ii) in paragraph (2), by striking ``; or'' \n and inserting a period; and\n (iii) by striking paragraph (3).\n (2) Regulations.--\n (A) In general.--Not later than 180 days after the \n date of enactment of this Act, the Secretary of the \n Treasury shall promulgate final regulations with \n respect to the amendments made by paragraph (1).\n (B) Notice to states.--On the promulgation of final \n regulations under subparagraph (A), the Secretary of \n the Treasury shall notify the States of the regulations \n in order that the States may consider legislation to \n amend relevant State laws relating to explosives.\n (b) Background Checks.--Section 842 of title 18, United States \nCode, is amended by adding at the end the following:\n ``(q) Background Checks.--\n ``(1) Definitions.--In this subsection:\n ``(A) Chief law enforcement officer.--The term \n `chief law enforcement officer' means the chief of \n police, the sheriff, or an equivalent officer or the \n designee of such an individual.\n ``(B) System.--The term `system' means the national \n instant criminal background check system established \n under section 103 of the Brady Handgun Violence \n Prevention Act (18 U.S.C. 922 note).\n ``(2) Prohibition.--A licensed importer, licensed \n manufacturer, or licensed dealer shall not transfer explosive \n materials to a permitee unless--\n ``(A) before the completion of the transfer, the \n licensee contacts the system;\n ``(B)(i) the system provides the licensee with a \n unique identification number; or\n ``(ii) 5 days on which State offices are open have \n elapsed since the licensee contacted the system, and \n the system has not notified the licensee that the \n receipt of explosive materials by the transferee would \n violate subsection (i);\n ``(C) the transferor has verified the identity of \n the transferee by examining a valid identification \n document (as defined in section 1028(d)) of the \n transferee containing a photograph of the transferee; \n and\n ``(D) the transferor has examined the permit issued \n to the transferee under section 843 and recorded the \n permit number on the record of the transfer.\n ``(3) Identification number.--If receipt of explosive \n materials would not violate section 842(i) or State law, the \n system shall--\n ``(A) assign a unique identification number to the \n transfer; and\n ``(B) provide the licensee with the number.\n ``(4) Exceptions.--Paragraph (2) shall not apply to a \n transfer of explosive materials between a licensee and another \n person if, on application of the transferor, the Secretary has \n certified that compliance with paragraph (2)(A) is \n impracticable because--\n ``(A) the ratio of the number of law enforcement \n officers of the State in which the transfer is to occur \n to the number of square miles of land area of the State \n does not exceed 0.0025;\n ``(B) the business premises of the licensee at \n which the transfer is to occur are extremely remote in \n relation to the chief law enforcement officer; and\n ``(C) there is an absence of telecommunications \n facilities in the geographical area in which the \n business premises are located.\n ``(5) Inclusion of identification number.--If the system \n notifies the licensee that the information available to the \n system does not demonstrate that the receipt of explosive \n materials by the transferee would violate subsection (i) or \n State law, and the licensee transfers explosive materials to \n the transferee, the licensee shall include in the record of the \n transfer the unique identification number provided by the \n system with respect to the transfer.\n ``(6) Penalties.--If the licensee knowingly transfers \n explosive materials to another person and knowingly fails to \n comply with paragraph (2) with respect to the transfer, the \n Secretary may, after notice and opportunity for a hearing--\n ``(A) suspend for not more than 6 months, or \n revoke, any license issued to the licensee under \n section 843; and\n ``(B) impose on the licensee a civil penalty of not \n more than $5,000.\n ``(7) No liability.--Neither a local government nor an \n employee of the Federal Government or of any State or local \n government, responsible for providing information to the system \n shall be liable in an action at law for damages--\n ``(A) for failure to prevent the transfer of \n explosive materials to a person whose receipt or \n possession of the explosive material is unlawful under \n this section; or\n ``(B) for preventing such a transfer to a person \n who may lawfully receive or possess explosive \n materials.\n ``(8) Determination of ineligibility.--\n ``(A) Written reasons provided on request.--\n ``(i) In general.--If the system determines \n that an individual is ineligible to receive \n explosive materials and the individual requests \n the system to provide the reasons for the \n determination, the system shall provide such \n reasons to the individual, in writing, not \n later than 5 business days after the date of \n the request.\n ``(ii) Ineligibility due to violation.--If \n the system informs an individual contacting the \n system that receipt of explosive materials by a \n prospective transferee would violate subsection \n (i) or applicable State law, the prospective \n transferee may request the Attorney General to \n provide the prospective transferee with the \n reasons for the determination.\n ``(B) Treatment of requests.--On receipt of a \n request under subparagraph (A), the Attorney General \n shall immediately comply with the request.\n ``(C) Submission of additional information.--\n ``(i) In general.--A prospective transferee \n may submit to the Attorney General information \nto correct, clarify, or supplement records of the system with respect \nto the prospective transferee.\n ``(ii) Action by the attorney general.--\n After receiving information under clause (i), \n the Attorney General shall--\n ``(I) immediately consider the \n information;\n ``(II) investigate the matter \n further;\n ``(III) correct all erroneous \n Federal records relating to the \n prospective transferee; and\n ``(IV) give notice of the error to \n any Federal department or agency or any \n State that was the source of such \n erroneous records.''.\n (c) Remedy for Erroneous Denial of Explosive Materials.--\n (1) In general.--Chapter 40 of title 18, United States \n Code, is amended by inserting after section 843 the following:\n``Sec. 843A. Remedy for erroneous denial of explosive materials\n ``(a) In General.--Any person denied explosive materials under \nsection 842(q)--\n ``(1) due to the provision of erroneous information \n relating to the person by any State or political subdivision of \n a State or by the national instant criminal background check \n system established under section 103 of the Brady Handgun \n Violence Prevention Act (18 U.S.C. 922 note); or\n ``(2) who was not prohibited from receiving explosive \n materials under section 842(i),\nmay bring an action against an entity described in subsection (b) for \nan order directing that the erroneous information be corrected or that \nthe transfer be approved, as the case may be.\n ``(b) Entities Described.--An entity referred to in subsection (a) \nis--\n ``(1) the State or political subdivision responsible for--\n ``(A) providing the erroneous information referred \n to in subsection (a)(1); or\n ``(B) denying the transfer of explosives; or\n ``(2) the United States.\n ``(c) Attorney's Fees.--In any action brought under this section, \nthe court, in its discretion, may allow the prevailing party a \nreasonable attorney's fee as part of the costs.''.\n (2) Technical amendment.--The analysis for chapter 40 of \n title 18, United States Code, is amended by inserting after the \n item relating to section 843 the following:\n\n``843A. Remedy for erroneous denial of explosive materials.''.\n (d) Licenses and User Permits.--Section 843(a) of title 18, United \nStates Code, is amended--\n (1) by striking ``shall be in such form and contain such \n information'' and inserting ``shall include fingerprints and a \n photograph of the applicant, and shall be in such form and \n contain such other information''; and\n (2) by striking the second sentence and inserting the \n following: ``Each applicant for a license shall pay for each \n license a fee established by the Secretary in an amount not to \n exceed $300. Each applicant for a permit shall pay for each \n permit a fee established by the Secretary in an amount not to \n exceed $100.''.\n (e) Penalties.--Section 844(a) of title 18, United States Code, is \namended--\n (1) in paragraph (1), by striking ``and'' at the end;\n (2) in paragraph (2), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(3) violates section 842(q) shall be fined under this \n title, imprisoned not more than 5 years, or both.''.\n (f) Effective Date.--The amendments made by subsections (a), (b), \n(c), and (e) shall take effect 18 months after the date of enactment of \nthis Act.","summary":"Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials. Or (2) distributing explosive materials to any person other than such a licensee or permittee . Repeals provisions permitting distribution to a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless specified conditions are met, including that: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system. And (2) either the system provides the licensee with a unique identification number or five days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law. Sets forth provisions regarding: (1) penalties, (2) immunity from liability. (3) information to be supplied to individuals determined to be ineligible to receive explosive materials, and (4) the remedy for erroneous denial of explosive materials.","title":"A bill to combat criminal misuse of explosives.","text_len":12372,"sum_len":1429} {"bill_id":"110_hr5579","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Mortgage Loan Modification \nAct of 2008''.\n\nSEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS \n FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.\n\n (a) Standard for Loan Modifications or Workout Plans.--Absent \ncontractual provisions to the contrary--\n (1) the duty to maximize, or to not adversely affect, the \n recovery of total proceeds from pooled residential mortgage \n loans is owed by a servicer of such pooled loans to the \n securitization vehicle for the benefit of all investors and \n holders of beneficial interests in the pooled loans, in the \n aggregate, and not to any individual party or group of parties; \n and\n (2) a servicer of pooled residential mortgage loans shall \n be deemed to be acting on behalf of the securitization vehicle \n in the best interest of all investors and holders of beneficial \n interests in the pooled loans, in the aggregate, if for a loan \n that is in payment default under the loan agreement or for \n which payment default is imminent or reasonably foreseeable, \n the loan servicer makes reasonable and documented efforts to \n implement a modification or workout plan or, if such efforts \n are unsuccessful or such plan would be infeasible, engages in \n other loss mitigation, including accepting a short payment or \n partial discharge of principal, or agreeing to a short sale of \n the property, to the extent that the servicer reasonably \n believes the particular modification or workout plan or other \n mitigation actions will maximize the net present value to be \n realized on the loan, including over that which would be \n realized through foreclosure.\n (b) Safe Harbor.--Absent contractual provisions to the contrary, a \nservicer of a residential mortgage loan that acts in a manner \nconsistent with the duty set forth in subsection (a), shall not be \nliable for entering into a qualified loan modification or workout plan, \nto--\n (1) any person, based on that person's ownership of a \n residential mortgage loan or any interest in a pool of \n residential mortgage loans or in securities that distribute \n payments out of the principal, interest and other payments in \n loans on the pool;\n (2) any person who is obligated pursuant to a derivatives \n instrument to make payments determined in reference to any loan \n or any interest referred to in paragraph (1); or\n (3) any person that insures any loan or any interest \n referred to in paragraph (1) under any law or regulation of the \n United States or any law or regulation of any State or \n political subdivision of any State.\n (c) Rule of Construction.--No provision of this section shall be \nconstrued as limiting the ability of a servicer to enter into loan \nmodifications or workout plans other than qualified loan modification \nor workout plans.\n (d) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Qualified loan modification or workout plan.--The term \n ``qualified loan modification or workout plan'' means a \n modification or plan that--\n (A) is scheduled to remain in place until the \n borrower sells or refinances the property, or for at \n least 5 years from the date of adoption of the plan, \n whichever is sooner;\n (B) does not provide for a repayment schedule that \n results in negative amortization at any time; and\n (C) does not require the borrower to pay additional \n points and fees.\n (2) Negative amortization.--For purposes of paragraph (1), \n the term ``negative amortization'' does not include the \n capitalization of delinquent interest and arrearages.\n (3) Residential mortgage loan defined.--The term \n ``residential mortgage loan'' means a loan that is secured by a \n lien on an owner-occupied residential dwelling.\n (4) Securitization vehicle.--The term ``securitization \n vehicle'' means a trust, corporation, partnership, limited \n liability entity, special purpose entity, or other structure \n that--\n (A) is the issuer, or is created by the issuer, of \n mortgage pass-through certificates, participation \n certificates, mortgage-backed securities, or other \n similar securities backed by a pool of assets that \n includes residential mortgage loans; and\n (B) holds such loans.\n (e) Effective Period.--This section shall apply only with respect \nto qualified loan modification or workout plans initiated prior to \nJanuary 1, 2011.\n ","summary":"Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure. Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons for entering into a qualified loan modification or workout plan for loss mitigation purposes. Defines qualified loan modification or workout plan as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner. (2) does not provide for a repayment schedule that results in negative amortization at any time. And (3) does not require the borrower to pay additional points and fees. States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages. Defines securitization vehicle as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans, and (2) holds such loans.","title":"To remove an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes.","text_len":5064,"sum_len":2120} {"bill_id":"115_s1150","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid Reform and Personal \nResponsibility Act of 2017''.\n\nSEC. 2. REQUIRING STATES TO APPLY A WORK REQUIREMENT FOR ABLE-BODIED \n ADULTS WITHOUT DEPENDENTS UNDER MEDICAID.\n\n Section 1902 of the Social Security Act (42 U.S.C. 1396a) is \namended--\n (1) in subsection (a)--\n (A) by striking ``and'' at the end of paragraph \n (82);\n (B) by striking the period at the end of paragraph \n (83)(B)(ii) and inserting ``; and''; and\n (C) by inserting after paragraph (83)(B)(ii) the \n following new paragraph:\n ``(84) comply with the requirements of subsection (nn) \n (relating to a work requirement for able-bodied adults without \n dependents).''; and\n (2) by adding at the end the following new subsection:\n ``(nn) Work Requirement for Able-Bodied Adults Without \nDependents.--\n ``(1) In general.--Beginning October 1, 2017, a State shall \n elect through a State plan amendment (or waiver of such plan) \n to condition medical assistance under this title to an \n individual who is an able-bodied adult without dependents (as \n defined in paragraph (2)(A)) upon such an individual's \n satisfaction of a work requirement (as defined in paragraph \n (2)(B)) and the requirements of paragraph (3).\n ``(2) Definitions.--In this subsection:\n ``(A) Able-bodied adult without dependents.--The \n term `able-bodied adult without dependents' means an \n individual who is not--\n ``(i) under 18 or over 55 years of age;\n ``(ii) medically certified as physically or \n mentally unfit for employment;\n ``(iii) a parent or other member of a \n household with responsibility for a dependent \n child;\n ``(iv) a pregnant woman;\n ``(v) a bona fide student enrolled at least \n half time in any recognized school, training \n program, or institution of higher education; or\n ``(vi) a regular participant in a drug \n addiction or alcoholic treatment and \n rehabilitation program.\n ``(B) Work requirement.--\n ``(i) In general.--The term `work \n requirement' means participation in activity \n specified by the State as work for purposes of \n this subsection for 20 hours or more per week, \n averaged monthly.\n ``(ii) Job training and community \n service.--Such term includes--\n ``(I) on-the-job training;\n ``(II) job skills training directly \n related to employment; and\n ``(III) community service programs.\n ``(3) Additional requirements.--An able-bodied adult \n without dependents shall not receive medical assistance under \n this title if the able-bodied adult without dependents--\n ``(A) refuses, at the time of application and every \n 12 months thereafter, to register as employed or as \n unemployed and actively looking for employment for less \n than 12 consecutive months, in a manner prescribed by \n the State;\n ``(B) refuses without good cause to satisfy an \n applicable work requirement;\n ``(C) refuses without good cause to accept an offer \n of employment, at a site or plant not subject to a \n strike or lockout at the time of the refusal, at a wage \n not less than the higher of--\n ``(i) the applicable Federal or State \n minimum wage; or\n ``(ii) 80 percent of the wage that would \n have governed had the minimum hourly rate under \n section 6(a)(1) of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 206(a)(1)) been applicable \n to the offer of employment;\n ``(D) refuses without good cause to provide the \n State with sufficient information to allow the State to \n determine the employment status or the job availability \n of the able-bodied adult without dependents; or\n ``(E) voluntarily and without good cause--\n ``(i) quits a job; or\n ``(ii) reduces work effort and, after the \n reduction, the able-bodied adult without \n dependents is working less than 20 hours per \n week.''.","summary":"Medicaid Reform and Personal Responsibility Act of 2017 This bill requires state Medicaid programs tonbsp, impose a work requirementnbsp, upon enrollees who arenbsp, able-bodied adults without dependents. Specifically, such enrollees mustnbsp. Spend at least 20 hours per week working in a job, receiving on-the-job training, obtaining job skills, or doing community service. Such enrollees must also annually register with thenbsp. State as employed or as unemployed and actively looking for employment.","title":"Medicaid Reform and Personal Responsibility Act of 2017","text_len":5226,"sum_len":504} {"bill_id":"114_s2541","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Big Cat Public Safety Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) as of February 2016--\n (A) the global illicit trade in wildlife is \n estimated to be worth up to $20,000,000,000 annually; \n and\n (B) the legal wildlife trade in the United States \n was estimated to have a value of $2,800,000,000 \n annually;\n (2) the illegal trade in prohibited wildlife species (as \n defined in section 2 of the Lacey Act Amendments of 1981 (16 \n U.S.C. 3371)) stimulates demand and expands markets in which \n prohibited wildlife species are sold illegally;\n (3) private possession, breeding, and sale of prohibited \n wildlife species have substantial and detrimental effects on--\n (A) the health and general welfare of the people of \n the United States; and\n (B) the conservation of the prohibited wildlife \n species;\n (4) the private possession and breeding of prohibited \n wildlife species has a substantial and direct effect on \n interstate commerce because prohibited wildlife species are \n often--\n (A) bred and possessed--\n (i) for use in public exhibition; or\n (ii) for sale or transfer of ownership in \n the exotic pet trade; and\n (B) transported in interstate commerce for the \n activities described in subparagraph (A);\n (5) the private possession and breeding of prohibited \n wildlife species contributes to interstate trafficking in \n prohibited wildlife species and may contribute to the \n international illegal trade in prohibited wildlife species;\n (6) prohibited wildlife species in private possession and \n prohibited wildlife species that are subject to intrastate \n distribution are fungible commodities that cannot be \n differentiated, for purposes of control, from prohibited \n wildlife species that are subject to interstate distribution;\n (7) it is exceedingly difficult to distinguish between--\n (A) prohibited wildlife species that have been \n possessed, bred, sold, or transported in interstate \n commerce; and\n (B) prohibited wildlife species that have not been \n possessed, bred, sold, or transported in interstate \n commerce;\n (8) Federal control of intrastate private possession and \n breeding of prohibited wildlife species is essential to the \n effective control of interstate trafficking in prohibited \n wildlife species; and\n (9) the United States is a party to the Convention on \n International Trade in Endangered Species of Wild Fauna and \n Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS \n 8249), which was designed to protect species of wild fauna and \n flora from exploitation through international trade.\n\nSEC. 3. DEFINITIONS.\n\n (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 \nU.S.C. 3371) is amended--\n (1) by redesignating subsections (a) through (k) as \n subsections (b) through (l), respectively; and\n (2) by inserting before subsection (b) (as so redesignated) \n the following:\n ``(a) Breed.--The term `breed' means to intentionally or \nnegligently--\n ``(1) facilitate propagation or reproduction; or\n ``(2) fail to prevent propagation or reproduction.''.\n (b) Conforming Amendments.--\n (1) Consolidated farm and rural development act.--Section \n 349(a)(3) of the Consolidated Farm and Rural Development Act (7 \n U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and \n inserting ``section 2(b)''.\n (2) Lacey act amendments of 1981.--\n (A) Section 3(e)(2)(C) of the Lacey Act Amendments \n of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--\n (i) in clause (ii), by striking ``section \n 2(g)'' and inserting ``section 2(h)''; and\n (ii) in clause (iii), by striking ``section \n 2(g)'' and inserting ``section 2(h)''.\n (B) Section 7(c) of the Lacey Act Amendments of \n 1981 (16 U.S.C. 3376(c)) is amended by striking \n ``section 2(f)(2)(A)'' and inserting ``section \n 2(g)(2)(A)''.\n\nSEC. 4. PROHIBITIONS.\n\n Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is \namended--\n (1) in subsection (a) --\n (A) in paragraph (2)--\n (i) in subparagraph (A), by striking the \n semicolon at the end and inserting ``; or'';\n (ii) in subparagraph (B)(iii), by striking \n ``; or'' and inserting a semicolon; and\n (iii) by striking subparagraph (C); and\n (B) in paragraph (4), by striking ``in paragraphs \n (1) through (3).'' and inserting ``in--\n ``(A) paragraphs (1) through (3); or\n ``(B) subsection (e).'';\n (2) by striking subsection (e) and inserting the following:\n ``(e) Captive Wildlife Offense.--\n ``(1) In general.--It is unlawful for any person--\n ``(A) to import, export, transport, sell, receive, \n acquire, or purchase a live animal of any prohibited \n wildlife species--\n ``(i) in interstate or foreign commerce; or\n ``(ii) in a manner substantially affecting \n interstate or foreign commerce; or\n ``(B) to breed or possess a live animal of any \n prohibited wildlife species.\n ``(2) Limitation on application.--Paragraph (1) does not \n apply to any person that--\n ``(A) is an institution accredited by the \n Association of Zoos and Aquariums;\n ``(B) is a facility that--\n ``(i) has an active written contract with \n an Association of Zoos and Aquariums Species \n Survival Plan or Taxon Advisory Group for the \n breeding of prohibited wildlife species; and\n ``(ii) does not breed, acquire, or sell \n prohibited wildlife species other than the \n prohibited wildlife species covered by a \n contract described in clause (i);\n ``(C) is a State college, university, or agency, or \n State-licensed veterinarian;\n ``(D)(i) is a wildlife sanctuary that cares for \n prohibited wildlife species;\n ``(ii) is a corporation that--\n ``(I) is exempt from taxation under section \n 501(a) of the Internal Revenue Code of 1986; \n and\n ``(II) is described in sections 501(c)(3) \n and 170(b)(1)(A)(vi) of that Code;\n ``(iii) does not commercially trade in prohibited \n wildlife species, including offspring, parts, and \n byproducts of prohibited wildlife species;\n ``(iv) does not breed the prohibited wildlife \n species;\n ``(v) does not allow direct contact between the \n public and prohibited wildlife species; and\n ``(vi) does not allow the transportation and \n display of prohibited wildlife species off-site;\n ``(E) has custody of the prohibited wildlife \n species solely for the purpose of expeditiously \n transporting the prohibited wildlife species to a \n person described in this paragraph with respect to the \n prohibited wildlife species;\n ``(F)(i) is in possession of a prohibited wildlife \n species that was born before the date of enactment of \n the Big Cat Public Safety Act of 2016;\n ``(ii) not later than 180 days after the date of \n enactment of the Big Cat Public Safety Act of 2016, is \n registered with the Animal and Plant Health Inspection \n Service;\n ``(iii) does not breed, acquire, or sell any \n prohibited wildlife species after the date of enactment \n of that Act; and\n ``(iv) does not allow direct contact between the \n public and prohibited wildlife species; or\n ``(G)(i) holds a valid Class C license under the \n Animal Welfare Act (7 U.S.C. 2131 et seq.);\n ``(ii) regularly travels across State lines to \n conduct circus performances featuring live prohibited \n wildlife species, clowns, and aerial acts;\n ``(iii) engaged in the travel and conduct described \n in clause (ii) before January 1, 2015; and\n ``(iv) does not allow direct contact between the \n public and prohibited wildlife species.''.\n\nSEC. 5. PENALTIES.\n\n (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments \nof 1981 (16 U.S.C. 3373(a)(1)) is amended--\n (1) by striking ``other than subsections (b), (d),'' and \n inserting ``other than subsections (b), (d), (e),''; and\n (2) by striking ``violates subsection (d)'' and inserting \n ``violates subsection (d), (e),''.\n (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act \nAmendments of 1981 (16 U.S.C. 3373(d)(1)) is amended--\n (1) in subparagraph (A)--\n (A) by inserting ``(e),'' after ``(d),''; and\n (B) by striking ``or'' after the comma at the end;\n (2) in subparagraph (B)--\n (A) by inserting ``(e),'' after ``(d),''; and\n (B) by adding ``or'' after the comma at the end; \n and\n (3) by inserting after subparagraph (B) the following:\n ``(C) knowingly violates section 3(e),''; and\n (4) in the undesignated matter following subparagraph (C) \n (as added by paragraph (3))--\n (A) by striking ``knowing that'' and all that \n follows through ``treaty or regulation,''; and\n (B) in the second sentence, by striking ``said fish \n or wildlife or plants'' and inserting ``fish or \n wildlife, plants, or prohibited wildlife species \n concerned''.\n\nSEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.\n\n Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. \n3374(a)(1)) is amended--\n (1) by striking ``or plants'' and inserting ``, plants, or \n prohibited wildlife species bred, possessed,'';\n (2) by striking ``of this Act (other than subsection \n 3(b))'' and inserting ``(other than subsection (b) of that \n section)''; and\n (3) by striking ``of this Act.'' and inserting a period.\n\nSEC. 7. ADMINISTRATION.\n\n Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. \n3376(a)) is amended by adding at the end the following:\n ``(3) The Secretary, in consultation with other relevant \n Federal and State agencies, shall promulgate any regulations \n necessary to implement section 3(e).''.\n\nSEC. 8. TECHNICAL CORRECTION.\n\n Section 4(e), and subsections (a) and (b)(2) of section 8, of the \nLacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by \nstriking ``Fishery Conservation and Management Act of 1976'' each place \nit appears and inserting ``Magnuson-Stevens Fishery Conservation and \nManagement Act''.","summary":"Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species . Breeding means facilitating propagation or reproduction , or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed. The bill revises the list of entities that are exempt from Lacey Act prohibitions to include: institutions accredited by the Association of Zoos and Aquariums. Certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species. Persons who do not allow the transportation and display of prohibited wildlife species off-site. Current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days. And certain traveling circuses that hold Class C licenses under the Animal Welfare Act. Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.","title":"Big Cat Public Safety Act of 2016","text_len":12427,"sum_len":1263} {"bill_id":"111_s3475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Up Earmarks Act of 2010'' or \nthe ``CUE Act of 2010''.\n\nSEC. 2. GAO AUDIT OF SENATE EARMARKS.\n\n (a) In General.--Not later than March 31 of each year, the \nComptroller General shall submit an audit to Congress of 5 percent of \nSenate earmarks for the current fiscal year chosen at random.\n (b) Details.--The audit required by subsection (a) shall include--\n (1) an adequate amount of earmarks of small and large \n programs;\n (2) 50 percent of earmarks that have been requested by at \n least one Democratic Senator and 50 percent requested by at \n least one Republican Senator; and\n (3) 50 percent of earmarks requested by members of the \n Senate Committee on Appropriations and 50 percent requested by \n Senators not on the Senate Committee on Appropriations.\n\nSEC. 3. STRENGTHENING POINT OF ORDER AGAINST AIRDROPPED ITEMS IN \n CONFERENCE REPORTS.\n\n Subparagraphs (c) and (d) of paragraph 8 of rule XLIV of the \nStanding rules of the Senate are amended by striking ``three-fifths'' \nand inserting ``two-thirds''.\n\nSEC. 4. IMPROVING EARMARKS WEB SITE.\n\n The Secretary of the Senate and the Clerk of the House of \nRepresentatives shall take such steps as are necessary to improve the \nWeb site earmarks.gov to--\n (1) make earmarks more easily searchable by the requesting \n member of Congress and by any federally registered lobbyist who \n requested such earmark; and\n (2) ensure that the Web site is user friendly and does not \n include extraneous information.\n\nSEC. 5. HEARINGS ON EARMARKS.\n\n It is the sense of the Senate that--\n (1) the subcommittees of the Committee on Appropriations \n should hold hearings on earmark requests in excess of \n $1,000,000, during which Members who request said earmarks \n should be invited to testify; and\n (2) the subcommittees of the Committee on Appropriations \n shall hold hearings on earmark requests in excess of \n $5,000,000, during which Members who request said earmarks \n shall be invited to testify.\n\nSEC. 6. INCREASED EARMARK TRANSPARENCY AND PROHIBITING EARMARKS TO \n PRIVATE FOR-PROFIT ENTITIES.\n\n Rule XLIV of the Standing Rules of the Senate is amended by adding \nat the end thereof the following:\n ``13.(a) All congressionally directed spending items shall be \nincluded in the text of an appropriations or authorization bill and any \nconference report related to that appropriations or authorization bill.\n ``(b) Not later than 48 hours after the request, each request for a \ncongressionally directed spending item for an appropriations or \nauthorization bill made by a Senator shall be posted on the Senator's \nWeb site. The posting of the request for a congressionally directed \nspending item shall include the name and location of the specifically \nintended recipient, the purpose of the congressionally directed \nspending item, the name of any federally registered lobbyist who \nmaterially participated in requesting that the earmark submission be \nmade by that Senator, and the dollar amount requested. If there is no \nspecifically intended recipient, the posting shall include the intended \nlocation of the activity, the purpose of the congressionally directed \nspending item, and the dollar amount requested.\n ``(c) It shall not be in order to consider an appropriations or \nauthorization bill, amendment, or conference report if it contains a \ncongressionally directed spending item for a private for-profit \nentity.''.\n\nSEC. 7. DISCLOSURE BY NON-PROFITS OF PRIVATE FOR-PROFIT EARMARK \n BENEFICIARIES.\n\n Each Senator shall--\n (1) require any eligible entity that requests an earmark \n submission from that Senator to include a written disclosure in \n that earmark request of the identity of any for profit, private \n company that might directly benefit financially from the award \n of the earmark; and\n (2) submit the identity of the beneficiary disclosed under \n paragraph (1) in writing to the Senate Committee on \n Appropriations with any corresponding earmarks request made by \n the Senator and include the beneficiary disclosure in the \n disclosure of earmarks required to be posted on the Web site of \n the Senator by paragraph 13 of rule XLIV of the Standing Rules \n of the Senate.\n\nSEC. 8. AMENDMENT TO THE LOBBYING DISCLOSURE ACT OF 1995 REQUIRING \n REPORTING INFORMATION ON THE EMPLOYER OF A LOBBYIST.\n\n Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. \n1604(b)) is amended--\n (1) in paragraph (4), by striking the ``and'' after the \n semicolon;\n (2) in paragraph (5), by striking the period and inserting \n ``; and''; and\n (3) by inserting at the end the following:\n ``(6) for each client, the amount of congressional earmarks \n requested from Congress on behalf of the client and a detailed \n accounting of each such earmark.''.","summary":"Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5 of Senate earmarks for the current fiscal year chosen at random. Requires the audit to include: (1) an adequate number of earmarks of small and large programs. (2) 50 of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively. And (3) 50 of earmarks requested by members and 50 of those requested by non-members, respectively, of the Senate Committee on Appropriations. Amends Rule XLIV of the Standing Rules of the Senate to require an affirmative vote of two-thirds of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions. And (2) sustain an appeal of the ruling of the Chair regarding such point of order. Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks. gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them. And (2) ensure that the website is user friendly and does not include extraneous information. Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify. Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity. Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark. And (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website. Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark.","title":"A bill to provide tighter control over and additional public disclosure of earmarks.","text_len":5203,"sum_len":2907} {"bill_id":"103_hr2888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Television Violence Reduction \nThrough Parental Empowerment Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) To the fullest extent possible, parents should be \n empowered with the technology to choose to block the display on \n their televisions of programs they consider too violent for \n their children.\n (2) Violence now touches the lives of American children \n more than adults. From 1982 through 1984, teenagers were the \n victims of 1,800,000 violent crimes, twice the annual rate of \n the adult population over age 20. According to the American \n Academy of Pediatrics, one of every 8 deaths among children age \n 10-14 years old in 1990 was caused by a shooting. Among \n teenagers and young adults, that figure rose to one of every \n four deaths.\n (3) Children watch an extensive amount of television. It is \n estimated that a child watches approximately 22,000 hours of \n television before finishing high school, almost twice the \n amount of time spent in the classroom.\n (4) The amount of violence on television has reached \n epidemic levels. The American Psychological Association \n estimates that the average child witnesses 8,000 murders and \n 100,000 acts of violence before finishing elementary school.\n (5) Three Surgeon Generals, the National Institute of \n Mental Health, the Centers for Disease Control, the American \n Medical Association, the American Academy of Pediatrics, and \n the American Psychological Association have concurred for \n nearly 20 years as to the deleterious effects of television \n violence on children.\n (6) Despite periodic television industry efforts to reduce \n the amount of television violence, reductions in the level of \n televised violence have never been long lasting.\n (7) Parents who are working are unable to constantly \n monitor the television viewing habits of their children. \n Advanced television technologies such as channel compression \n and digitization will allow the expansion of channel capacity \n to levels even more unmanageable for parents who want to \n protect their children from televised violence.\n (8) The major broadcast networks and a large number of \n cable channels have agreed to place parental advisories on \n programs they consider to be too violent for children. These \n parental advisories are of limited use to parents if they are \n not watching television with their children.\n (9) The technology currently exists to equip television \n sets at a nominal cost to permit parents to block the display \n of television programs they consider too violent for children. \n However, this technology will only be effective (A) if all \n television programmers send any adopted rating or warning \n system electronically with the program signal, and (B) parents \n are able to block the display not only of individual programs \n but to block out automatically and simultaneously all programs \n with such rating.\n (10) Congress calls upon the broadcast networks, \n independent television stations, cable programmers, and \n satellite programmers to protect the parental right to guide \n the television viewing habits of children by sending any \n adopted rating or warning system electronically with the \n program signal.\n\nSEC. 3. EQUIP TELEVISIONS TO BLOCK PROGRAMS.\n\n Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is \namended by adding at the end thereof the following:\n ``(v) Require that (1) apparatus designed to receive television \nsignals be equipped with circuitry designed to enable viewers to block \nthe display of channels, programs, and time slots; and (2) such \napparatus enable viewers to block display of all programs with a common \nrating. The requirements of this subsection shall apply when such \napparatus is manufactured in the United States or imported for use in \nthe United States, and its television picture screen is 13 inches or \ngreater in size, measured diagonally.''.\n\nSEC. 4. SHIPPING OR IMPORTING.\n\n (a) Regulations.--Section 330 of the Communications Act of 1934 (47 \nU.S.C. 330) is amended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by adding after subsection (b) the following new \n section:\n ``(c) No person shall ship in interstate commerce, manufacture, \nassemble, or import from any foreign country into the United States, \nany apparatus described in section 303(v) of this Act except in \naccordance with rules prescribed by the Commission pursuant to the \nauthority granted by that section. Such rules shall provide performance \nstandards for such blocking technology. Such rules shall further \nrequire that all such apparatus be able to receive the rating signals \nwhich have been transmitted by way of line 21 of the vertical blanking \ninterval and which conform to the signal and blocking specifications \nestablished by the Commission. As new video technology is developed, \nthe Commission shall take such action as the Commission determines \nappropriate to ensure that blocking service continues to be available \nto consumers. This subsection shall not apply to carriers transporting \nsuch apparatus without trading it.''.\n (b) Conforming Amendment.--Section 330(d) of such Act, as \nredesignated by this Act, is amended by striking ``section 303(s), and \nsection 303(u)'' and inserting in lieu thereof ``and sections 303(s), \n303(u), and 303(v)''.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by sections 3 and 4 of this Act shall take \neffect one year after enactment of this Act.\n\nSEC. 6. RULES.\n\n The Federal Communications Commission shall promulgate rules to \nimplement the amendments made by this Act within 180 days after the \ndate of its enactment.","summary":"Television Violence Reduction Through Parental Empowerment Act of 1993 - Amends the Communications Act of 1934 to require that any television with a screen of at least 13 inches which is manufactured, or imported for use, in the United States be equipped with circuitry designed to enable viewers to block the display of channels, programs, time slots, and all programs with a common rating. Prohibits shipping in interstate commerce, manufacturing, assembling, or importing any such television except pursuant to rules prescribed by the Federal Communications Commission (FCC). Requires such rules to provide performance and display standards for such blocking technology. Directs the FCC, as new video technology is developed, to ensure that blocking service continues to be available to consumers.","title":"Television Violence Reduction Through Parental Empowerment Act of 1993","text_len":6169,"sum_len":800} {"bill_id":"109_hr283","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bullying and Gang Prevention for \nSchool Safety and Crime Reduction Act of 2005''.\n\nSEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT \n REGARDING BULLYING AND GANGS.\n\n (a) Amendments to Safe and Drug-Free Schools and Communities Act.--\nPart A of title IV of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 7101 et seq.; commonly referred to as the ``Safe and \nDrug-Free Schools and Communities Act'') is amended--\n (1) in the matter preceding paragraph (1) in section 4002, \n and in sections 4112(a)(5)(A), 4115(b)(1)(C)(i), and \n 4115(b)(2)(A)(i), by striking ``violence'' and inserting \n ``violence, bullying, and gangs'';\n (2) in clause (ii) of section 4112(c)(2)(D), by striking \n ``violence that is associated'' and inserting ``violence, \n bullying, and gangs that are associated'';\n (3) by striking the term ``drug and violence prevention'' \n each place such term appears and inserting ``drug, violence, \n bullying, and gang prevention'', including in sections 4002(1), \n 4002(2), 4002(4), 4112(a)(3), 4112(a)(5), 4112(c)(2)(D), \n 4113(a)(4), 4113(a)(5), 4113(a)(9), 4113(a)(10), 4113(a)(14), \n 4114(a)(1), 4114(c)(1)(A), 4114(d)(2), 4114(d)(6), \n 4115(a)(1)(A), 4115(b)(2)(B), 4115(b)(2)(C), 4115(b)(2)(D), \n 4115(b)(2)(E), 4115(d), 4116(a)(1)(B), 4121(a)(1), 4121(a)(2), \n and 4121(a)(5);\n (4) by striking the term ``drug use and violence'' each \n place such term appears and inserting ``drug use, violence, \n bullying, and gangs'', including in sections 4002(4), \n 4112(a)(2), 4112(c)(3)(B)(iv), 4113(a)(9)(A), \n 4115(b)(1)(C)(ii), 4116(a)(2)(B), and 4122(c);\n (5) in section 4112(c)(3)(B)(ii), by striking ``violence \n and drug-related'' and inserting ``violence, bullying, gang, \n and drug-related'';\n (6) in section 4114(d)(6), by striking ``acts of violence'' \n and inserting ``acts of violence, bullying, and gangs'';\n (7) in sections 4115(a)(1)(A), 4115(a)(1)(C), \n 4115(a)(2)(A), 4115(b)(2)(E), and 4122(a), by striking the term \n ``violence and illegal drug use'' each place such term appears \n and inserting ``violence, bullying, gangs, and illegal drug \n use'';\n (8) in section 4115(b)(2)(B), by striking the term \n ``violence and illegal use of drugs'' each place such term \n appears and inserting ``violence, bullying, gangs, and illegal \n use of drugs'';\n (9) in the matter preceding clause (i) in section \n 4115(b)(2)(E), and in section 4152(a), by striking the term \n ``Drug and violence prevention'' each place such term appears \n and inserting ``Drug, violence, bullying, and gang \n prevention'';\n (10) in sections 4115(b)(2)(E)(vii) and 4122(b) by striking \n ``illegal drug use and violence'' and inserting ``violence, \n bullying, gangs, and illegal drug use'';\n (11) in section 4115(b)(2)(E)(ix), by striking ``violent or \n drug abusing students'' and inserting ``violent, bullying, \n gang-affiliated, or drug abusing students'';\n (12) in section 4115(b)(2)(E)(x), by striking ``violent \n behavior and illegal use of drugs'' and inserting ``violent \n behavior, bullying, gang affiliation, and illegal use of \n drugs'';\n (13) in section 4115(b)(2)(E)(xiii)--\n (A) by striking ``violence prevention and education \n programs'' and inserting ``violence, bullying, and gang \n prevention and education programs''; and\n (B) by striking ``resolve conflicts without \n violence'' and inserting ``resolve conflicts without \n violence, bullying, or gangs'';\n (14) in section 4115(b)(2)(E)(xv), by striking ``major \n accident, or a drug-related incident'' and inserting ``major \n accident, bullying incident, gang-related incident, or a drug-\n related incident'';\n (15) in sections 4115(b)(2)(E)(xviii) and 4116(b)(1), by \n striking ``safety hotline'' and inserting ``safety, bullying \n prevention, and gang prevention hotline'';\n (16) in section 4116(a)(1)(C), by striking ``violence and \n drug prevention'' and inserting ``drug, violence, bullying, and \n gang prevention'';\n (17) in section 4121(a), by striking ``illegal use of drugs \n and violence'' and inserting ``violence, bullying, gang \n activity, and illegal drug use'';\n (18) in section 4121(a)(4), by striking ``violence \n prevention and education'' and inserting ``violence, bullying, \n and gang prevention and education'';\n (19) in sections 4121(a)(6) and 4121(a)(8), by striking \n ``drug and violence problems'' and inserting ``drug, violence, \n bullying, and gang problems'';\n (20) in section 4122(a)(2), by striking ``and school \n violence'' and inserting ``school violence, bullying, gang \n activity,'';\n (21) in sections 4124(a)(1)(B) and 4124(a)(3), by striking \n ``substance abuse and violence prevention'' and inserting \n ``violence, bullying, gang, and substance abuse prevention'';\n (22) in section 4124(b)(4)(A)(i), by striking ``substance \n abuse and violence problem'' and inserting ``violence, \n bullying, gang, and substance abuse problem'';\n (23) in section 4127(c), by striking ``school violence \n research'' and inserting ``school violence, bullying, and gang \n research'';\n (24) in section 4128(b)(2), by striking ``such as substance \n abuse'' and inserting ``such as bullying, substance abuse'';\n (25) in section 4128(b)(4), by striking ``school violence \n prevention'' and inserting ``school violence, bullying, and \n gang prevention'';\n (26) in section 4130(b)(1)(B)(iv), by striking ``violence, \n use of dangerous weapons'' and inserting ``violence, bullying, \n gangs, use of dangerous weapons'';\n (27) in section 4130(b)(5)(B)(i), by striking ``schools \n with violence problems'' and inserting ``schools with violence, \n bullying, or gang problems'';\n (28) in section 4151--\n (A) in paragraph (3)--\n (i) by striking ``Drug and violence \n prevention'' in the heading and inserting \n ``Drug, violence, bullying, and gang \n prevention'';\n (ii) by striking ``drug and violence \n prevention'' each place such term appears and \n inserting ``drug, violence, bullying, and gang \n prevention''; and\n (iii) in subparagraph (B), by striking \n ``with respect to violence'' and inserting \n ``with respect to violence, bullying, and \n gangs''; and\n (B) in paragraphs (6) and (7), by striking \n ``violent behavior'' and inserting ``violent, bullying, \n or gang behavior''; and\n (29) in section 4152(a), by striking ``acts of violence'' \n and inserting ``acts of violence and bullying''.\n (b) Amendment to Omnibus Crime Control and Safe Streets Act of \n1968.--Paragraph (13) of section 1801 of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 2796ee; relating to juvenile \naccountability block grants) is amended to read as follows:\n ``(13) establishing and maintaining accountability-based \n programs that are designed to enhance school safety, which \n programs may include research-based bullying and gang \n prevention programs;''.","summary":"Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005 - Amends: (1) the Safe and Drug-Free Schools and Communities Act to cover bullying and gang prevention. And (2) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize accountability-based programs designed to enhance school safety, which may include research-based bullying and gang prevention programs.","title":"To amend the Safe and Drug-Free Schools and Communities Act and the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of grant funds for bullying and gang prevention, and for other purposes.","text_len":8125,"sum_len":395} {"bill_id":"113_hr4496","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Covering People With Pre-Existing \nConditions Act of 2014''.\n\nSEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK \n POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE-\n EXISTING CONDITIONS.\n\n (a) State Requirement.--\n (1) In general.--Not later than January 1, 2015, each State \n shall--\n (A) subject to paragraph (3), operate--\n (i) a qualified State reinsurance program \n described in subsection (b); or\n (ii) qualifying State high risk pool \n described in subsection (c)(1); and\n (B) subject to paragraph (3), apply to the \n operation of such a program from State funds an amount \n equivalent to the portion of State funds derived from \n State premium assessments (as defined by the Secretary) \n that are not otherwise used on State health care \n programs.\n (2) Relation to current qualified high risk pool program.--\n (A) States not operating a qualified high risk \n pool.--In the case of a State that is not operating a \n current section 2745 qualified high risk pool as of the \n date of the enactment of this Act--\n (i) the State may only meet the requirement \n of paragraph (1) through the operation of a \n qualified State reinsurance program described \n in subsection (b); and\n (ii) the State's operation of such a \n reinsurance program shall be treated, for \n purposes of section 2745 of the Public Health \n Service Act, as the operation of a qualified \n high risk pool described in such section.\n (B) State operating a qualified high risk pool.--In \n the case of a State that is operating a current section \n 2745 qualified high risk pool as of the date of the \n enactment of this Act--\n (i) as of January 1, 2015, such a pool \n shall not be treated as a qualified high risk \n pool under section 2745 of the Public Health \n Service Act unless the pool is a qualifying \n State high risk pool described in subsection \n (c)(1); and\n (ii) the State may use premium assessment \n funds described in paragraph (1)(B) to \n transition from operation of such a pool to \n operation of a qualified State reinsurance \n program described in subsection (b).\n (3) Application of funds.--If the program or pool operated \n under paragraph (1)(A) is in strong fiscal health, as \n determined in accordance with standards established by the \n National Association of Insurance Commissioners and as approved \n by the State Insurance Commissioner involved, the requirement \n of paragraph (1)(B) shall be deemed to be met.\n (b) Qualified State Reinsurance Program.--\n (1) In general.--For purposes of this section, a \n ``qualified State reinsurance program'' means a program \n operated by a State program that provides reinsurance for \n health insurance coverage offered in the small group market in \n accordance with the model for such a program established (as of \n the date of the enactment of this Act).\n (2) Form of program.--A qualified State reinsurance program \n may provide reinsurance--\n (A) on a prospective or retrospective basis; and\n (B) on a basis that protects health insurance \n issuers against the annual aggregate spending of their \n enrollees as well as purchase protection against \n individual catastrophic costs.\n (3) Satisfaction of hipaa requirement.--A qualified State \n reinsurance program shall be deemed, for purposes of section \n 2745 of the Public Health Service Act, to be a qualified high \n risk pool under such section.\n (c) Qualifying State High Risk Pool.--\n (1) In general.--A qualifying State high risk pool \n described in this subsection means a current section 2745 \n qualified high risk pool that meets the following requirements:\n (A) The pool must provide at least two coverage \n options, one of which must be a high deductible health \n plan coupled with a health savings account.\n (B) The pool must be funded with a stable funding \n source.\n (C) The pool must eliminate any waiting lists so \n that all eligible residents who are seeking coverage \n through the pool should be allowed to receive coverage \n through the pool.\n (D) The pool must allow for coverage of individuals \n who, but for the 24-month disability waiting period \n under section 226(b) of the Social Security Act, would \n be eligible for Medicare during the period of such \n waiting period.\n (E) The pool must limit the pool premiums to no \n more than 150 percent of the average premium for \n applicable standard risk rates in that State.\n (F) The pool must conduct education and outreach \n initiatives so that residents and brokers understand \n that the pool is available to eligible residents.\n (G) The pool must provide coverage for preventive \n services and disease management for chronic diseases.\n (2) Verification of citizenship or alien qualification.--\n (A) In general.--Notwithstanding any other \n provision of law, only citizens and nationals of the \n United States shall be eligible to participate in a \n qualifying State high risk pool that receives funds \n under section 2745 of the Public Health Service Act or \n this section.\n (B) Condition of participation.--As a condition of \n a State receiving such funds, the Secretary shall \n require the State to certify, to the satisfaction of \n the Secretary, that such State requires all applicants \n for coverage in the qualifying State high risk pool to \n provide satisfactory documentation of citizenship or \n nationality in a manner consistent with section 1903(x) \n of the Social Security Act.\n (C) Records.--The Secretary shall keep sufficient \n records such that a determination of citizenship or \n nationality only has to be made once for any individual \n under this paragraph.\n (3) Relation to section 2745.--As of January 1, 2015, a \n pool shall not qualify as qualified high risk pool under \n section 2745 of the Public Health Service Act unless the pool \n is a qualifying State high risk pool described in paragraph \n (1).\n (d) Waivers.--In order to accommodate new and innovative programs, \nthe Secretary may waive such requirements of this section for qualified \nState reinsurance programs and for qualifying State high risk pools as \nthe Secretary deems appropriate.\n (e) Funding.--In addition to any other amounts appropriated, there \nis appropriated to carry out section 2745 of the Public Health Service \nAct (including through a program or pool described in subsection \n(a)(1))--\n (1) $15,000,000,000 for the period of fiscal years 2015 \n through 2024; and\n (2) an additional $10,000,000,000 for the period of fiscal \n years 2020 through 2024.\n (f) Definitions.--In this section:\n (1) Health insurance coverage; health insurance issuer.--\n The terms ``health insurance coverage'' and ``health insurance \n issuer'' have the meanings given such terms in section 2791 of \n the Public Health Service Act.\n (2) Current section 2745 qualified high risk pool.--The \n term ``current section 2745 qualified high risk pool'' has the \n meaning given the term ``qualified high risk pool'' under \n section 2745(g) of the Public Health Service Act as in effect \n as of the date of the enactment of this Act.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (4) Standard risk rate.--The term ``standard risk rate'' \n means a rate that--\n (A) is determined under the State high risk pool by \n considering the premium rates charged by other health \n insurance issuers offering health insurance coverage to \n individuals in the insurance market served;\n (B) is established using reasonable actuarial \n techniques; and\n (C) reflects anticipated claims experience and \n expenses for the coverage involved.\n (5) State.--The term ``State'' means any of the 50 States \n or the District of Columbia.","summary":"Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool.","title":"Covering People With Pre-Existing Conditions Act of 2014","text_len":9796,"sum_len":208} {"bill_id":"106_hr4822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Communities Investment Act \nof 1999''.\n\nSEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES.\n\n (a) Maximum Amount of Outstanding Guarantees for a Single Issuer.--\nSection 108 of the Housing and Community Development Act of 1974 (42 \nU.S.C. 5308) is amended by striking subsection (b) and inserting the \nfollowing new subsection:\n ``(b) Maximum Amount of Outstanding Guarantees.--The maximum \naggregate outstanding amount of notes and obligations of a single \nissuer guaranteed under this section shall be an amount determined by \nthe Secretary based on the amount of the grant approval for the issuer \nunder section 106 or 107, the fiscal condition of the issuer, and the \npotential return on investment of the projects to be undertaken with \nthe proceeds of such notes and obligations, but may not in any case \nexceed the discounted present value of the grants that the issuer would \nreceive over a period not to exceed 20 years if the issuer's annual \ngrant amount over such period were equal to 80 percent of the current \ngrant approval for the issuer.''.\n (b) Stakeholder Participation.--Section 108 of the Housing and \nCommunity Development Act of 1974 (42 U.S.C. 5308) is amended by adding \nat the end the following new subsection:\n ``(s) Stakeholder Participation.--\n ``(1) Requirement.--The Secretary shall provide that an \n issuer of notes or obligations under this section shall, in \n complying with any community participation requirements \n (including the requirements under section 104(a)) applicable to \n the development of activities to be funded with the proceeds of \n such notes or obligations guaranteed under this section, \n include participation of major stakeholders in the community in \n which such activities will be carried out.\n ``(2) Definition.--For purposes of this subsection, the \n term `stakeholder' means a public or private organizational \n entity whose future well-being depends upon the applicant's \n continued social and economic viability, and includes the \n representatives of the following community interests:\n ``(A) Business.\n ``(B) Banking.\n ``(C) Education.\n ``(D) Public health and safety.\n ``(E) Labor.\n ``(F) Community-based development organizations.\n ``(G) Arts, cultural, religious, philanthropic, \n professional, and civic organizations.''.\n\nSEC. 3. COLLATERAL FOR FHLB ADVANCES.\n\n Section 10(a)(4) of the Federal Home Loan Bank Act (12 U.S.C. \n1430(a)(4)) is amended by striking the second sentence.\n\nSEC. 4. AUTHORITY TO MAKE ADVANCES TO NONMEMBER MORTGAGEES.\n\n Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is \namended to read as follows:\n\n``SEC. 10B. ADVANCES TO NONMEMBER MORTGAGEES.\n\n ``(a) Authority.--Each Federal home loan bank may make advances to \na nonmember mortgagee, except that such advances may be used only for \ncommunity lending (as such term is defined in section 10(k)).\n ``(b) Nonmember Mortgagee Defined.--For purposes of subsection (a), \nthe term `nonmember mortgagee' means any entity--\n ``(1) that is--\n ``(A) a State or local housing finance agency or \n Indian housing authority (including any subsidiary of \n such agency or authority) approved under title II of \n the National Housing Act, which--\n ``(i) is a chartered institution having \n succession; and\n ``(ii) is subject to the inspection and \n supervision of a governmental agency;\n ``(B) a community development financial institution \n that--\n ``(i) is not an insured depository \n institution or a subsidiary of an insured \n depository institution; and\n ``(ii) at the time an advance under this \n section is made, is certified as a community \n development financial institution under the \n Community Development Banking and Financial \n Institutions Act of 1994; and\n ``(iii) is a chartered institution having \n succession; or\n ``(C) a State or local economic development agency \n that--\n ``(i) is chartered under State law; and\n ``(ii) is an institution having succession; \n and\n ``(2) whose principal activity in the mortgage field \n consists of lending the institution's own funds.\n ``(c) Security.--Advances under subsection (a) shall be secured in \naccordance with the requirements of section 10.\n ``(d) Terms and Conditions.--Advances made under this section shall \nbe made at the same rates of interest and upon the same terms and \nconditions as are comparable extensions of credit to member \ninstitutions.''.\n\nSEC. 5. COMMUNITY LENDING FUND.\n\n Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is \namended by adding at the end the following new subsection:\n ``(k) Community Lending Fund.--\n ``(1) In general.--Subject to regulations prescribed by the \n Board to carry out this subsection, each Federal home loan bank \n shall establish a Community Lending Fund, which the bank shall \n use to facilitate community lending by its members and \n nonmember mortgagees.\n ``(2) Use of assets of community lending funds.--A bank may \n use amounts in its Community Lending Fund only to provide \n grants, subsidies, and subsidized advances to its members and \n nonmember mortgagees for use for community lending activities.\n ``(3) Low- and moderate-income targeting.--Not less than 70 \n percent of the aggregate amount of assistance provided by a \n bank from a Community Lending Fund shall be used for the \n support of community lending activities that benefit low- and \n moderate-income persons.\n ``(4) Local priorities.--Each bank--\n ``(A) shall give priority for assistance from the \n Community Lending Fund of the bank for projects located \n in empowerment zones and enterprise communities \n designated under part I of subchapter U of chapter 1 of \n the Internal Revenue Code of 1986 (26 U.S.C. 1391 et \n seq.); and\n ``(B) may establish such other priorities for the \n types of projects to receive assistance from the \n Community Lending Fund of the bank as the bank \n considers appropriate, and to which the Board shall \n defer, if such priorities are consistent with the \n safety and soundness of the bank and the provisions of \n this subsection. .\n ``(5) Coordination of activities.--The Board shall require \n the banks, to the extent practicable, to coordinate their \n activities pursuant to this subsection with any other State or \n Federal programs intended to facilitate community lending.\n ``(6) Report.--Each member and nonmember mortgagee \n receiving advances or assistance from a Community Lending Fund \n established by a bank shall report annually to the bank \n regarding the use of such advances or assistance.\n ``(7) Contribution to fund.--Each bank shall annually \n contribute 10 percent of the net earnings of that bank (after \n deducting expenses related to section 10(j) and operating \n expenses) to its Community Lending Fund. Each bank may \n contribute additional moneys to the Fund, and may accept for \n deposit into the Fund moneys from other parties.\n ``(8) Suspension of contributions.--\n ``(A) In general.-- If a bank finds that the \n payments required under paragraph (7) are contributing \n to the financial instability of such bank, it may apply \n to the Board for a temporary suspension of such \n payments. The Board shall make a determination of \n whether the bank is financially unstable and whether \n such payments are contributing to such instability, and \n [may\/shall] suspend such bank's payments to its \n Community Lending Fund if finds in the affirmative with \n respect to both such questions.\n ``(B) Factors to be considered.--In determining the \n financial stability of a bank for purposes of this \n paragraph, the Board shall consider such factors as--\n ``(i) whether the bank's earnings are \n severely depressed;\n ``(ii) whether there has been a substantial \n decline in membership capital; and\n ``(iii) whether there has been a \n substantial reduction in advances outstanding.\n ``(C) Review of applications.--The Board shall \n review any application under this paragraph and any \n supporting financial data and issue a written decision \n approving or disapproving such application. The Board's \n decision shall be accompanied by specific findings and \n reasons for its action.\n ``(D) Designation of suspension period.--If the \n Board grants a suspension, it shall specify the period \n of time that such suspension shall remain in effect and \n shall continue to monitor the bank's financial \n condition during such suspension.\n ``(E) Suspensions prohibited under certain \n circumstances.--The Board shall not suspend payment to \n the Community Lending Fund of a bank if the bank's \n reduction in earnings is a result of--\n ``(i) a change in the terms for advances to \n members which is not justified by market \n conditions;\n ``(ii) inordinate operating and \n administrative expenses; or\n ``(iii) mismanagement.\n ``(9) Regulations.--\n ``(A) In general.--Not later than 1 year after the \n date of the enactment of this Act, the Board shall \n prescribe regulations to implement this subsection.\n ``(B) Limitations, restrictions, and other \n requirements.--Subject to the requirements of this \n subsection, such regulations--\n ``(i) may specify activities, restrictions, \n and limitations for the use by the banks of \n amounts from Community Lending Funds;\n ``(ii) may specify priorities for the use \n of such advances;\n ``(iii) shall ensure that assistance \n provided from a Community Lending Fund will be \n used only for community lending to assist \n projects for which adequate long-term \n monitoring is available to guarantee \n requirements established pursuant to this \n subsection are satisfied;\n ``(iv) shall ensure that any subsidies \n provided under this subsection by Banks to \n member institutions and nonmember mortgagees \n are passed on to the ultimate borrower;\n ``(v) shall specify standards for \n determining benefit for low- and moderate-\n income persons, for purposes of paragraph (3); \n and\n ``(vi) shall establish uniform standards \n for assistance from Community Lending Funds and \n community lending by member institutions and \n nonmember mortgagees supported by such \n assistance.\n ``(10) Advisory council.--Each bank shall appoint an \n Advisory Council of 7 to 15 persons drawn from stakeholders (as \n such term is defined in section 108(s) of the Housing and \n Community Development Act of 1974 (42 U.S.C. 5308(s)) in its \n district. The Advisory Council shall meet with representatives \n of the board of directors of the Bank quarterly to advise the \n Bank on community lending needs in the district and on the \n utilization of the Community Lending Fund of the bank for \n meeting such needs. Each Advisory Council established under \n this paragraph shall submit to the Board at least annually its \n analysis of the community lending activities carried out with \n amounts from the Community Lending Fund of the bank by which \n the Committee is appointed.\n ``(11) Reports to congress.--\n ``(A) The Board shall monitor and annually submit a \n report to the Congress and the Advisory Council for \n each bank the support of community lending by the banks \n and the utilization of amounts from Community Lending \n Funds.\n ``(B) The analyses submitted by the Advisory \n Councils to the Board under paragraph (10) shall be \n included as part of the reports required by this \n paragraph.\n ``(C) The Comptroller General of the United States \n shall audit and evaluate the program under this \n subsection after such program has been operating for 2 \n years. The Comptroller General shall submit a report to \n the Congress on the conclusions of the audit and \n recommend improvements or modifications to the program.\n ``(12) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n ``(A) Community lending.--The term `community \n lending' means providing financing for activities that \n meet the requirements for eligibility, under section \n 105 of the Housing and Community Development Act of \n 1974 (42 U.S.C. 5305), for assistance with amounts for \n grants under title I of such Act.\n ``(B) Low- and moderate-income persons.--The term \n `low- and moderate-income persons has the meaning given \n such term in section 102 of the Housing and Community \n Development Act of 1974 (42 U.S.C. 5302).\n ``(C) Nonmember mortgage.--The term `nonmember \n mortgagee' has the meaning given such term in section \n 10B(b) of this Act.''.\n (b) Funding for Community Lending Funds.--Section 21B(f)(2)(C) of \nthe Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)(C)) is amended to \nread as follows:\n ``(C) Payments by federal home loan banks.--\n ``(i) Refcorp funding.--To the extent that \n the amounts available pursuant to subparagraphs \n (A) and (B) are insufficient to cover the \n amount of interest payments, each Federal home \n loan bank shall pay to the Funding Corporation \n in each calendar year, 10 percent of the net \n earnings of that bank (after deducting expenses \n relating to section 10(j) and operating \n expenses).\n ``(ii) Annuity value.--The Board shall \n annually determine the extent to which the \n value of the aggregate amounts paid by the \n banks exceeds or falls short of the value of an \n annuity of $300,000,000 per year that commences \n on the issuance date and ends on the final \n scheduled maturity date of the obligations, and \n shall select appropriate present value factors \n for making such determinations.\n ``(iii) Adjustment of period of banks' \n obligations.--The Board shall extend or shorten \n the term of the banks' payment obligations \n under this subparagraph, as necessary to ensure \n that the value of all payments made by the \n banks under this paragraph is equivalent to the \n value of such an annuity.\n ``(iv) Extension of period beyond maturity \n dates of underlying obligations.--If the Board \n extends the term of payments beyond the final \n scheduled maturity date for the obligations, \n each bank shall continue to pay 10 percent of \n its net earnings (after deducting expenses \n relating to section 10(j) and operating \n expenses) to the general fund of the Treasury \n until the value of all such payments by the \n banks is equivalent to the value of such an \n annuity.\n ``(v) Final year adjustment.--In the final \n year in which the banks are required to make \n any payment to the general fund of the Treasury \n under clause (iv), if the dollar amount \n represented by 10 percent of the net earnings \n of the banks exceeds the remaining obligation \n of the banks to the Treasury, the Finance Board \n shall reduce the percentage pro rata to a level \n sufficient to pay the remaining obligation.''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall become effective on January 1, 2000.","summary":"Amends the Federal Home Loan Bank Act to set forth parameters within which: (1) Federal home loan banks may make advances to a nonmember mortgagee for community lending purposes. And (2) each Federal home loan bank shall establish a Community Lending Fund to facilitate community lending by its members and nonmember mortgagees.","title":"American Communities Investment Act of 1999","text_len":19062,"sum_len":328} {"bill_id":"111_s2920","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drunk Driving Repeat Offender \nPrevention Act of 2009''.\n\nSEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED \n DRIVING.\n\n (a) In General.--Chapter 1 of title 23, United States Code, is \namended by adding at the end the following:\n``Sec. 167. Use of ignition interlock devices to prevent repeat \n intoxicated driving\n ``(a) Definitions.--In this section:\n ``(1) Alcohol concentration.--The term `alcohol \n concentration' means grams of alcohol per 100 milliliters of \n blood or grams of alcohol per 210 liters of breath.\n ``(2) Driving while intoxicated; driving under the \n influence.--The terms `driving while intoxicated' and `driving \n under the influence' mean driving or being in actual physical \n control of a motor vehicle in a State while having an alcohol \n concentration above the permitted limit as established by the \n State.\n ``(3) Ignition interlock device.--The term `ignition \n interlock device' means an in-vehicle device that requires a \n driver to provide a breath sample prior to the motor vehicle \n starting, and that prevents a motor vehicle from starting if \n the alcohol concentration of the driver is above the legal \n limit.\n ``(4) Motor vehicle.--\n ``(A) In general.--The term `motor vehicle' means a \n vehicle driven or drawn by mechanical power and \n manufactured primarily for use on public highways.\n ``(B) Exclusions.--The term `motor vehicle' does \n not include--\n ``(i) a vehicle operated solely on a rail \n line; or\n ``(ii) a commercial vehicle.\n ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the \nrequirements of this subsection if the State has enacted and is \nenforcing a law that requires throughout the State the installation of \nan ignition interlock device for a minimum of 180 days on each motor \nvehicle operated by an individual who is convicted of driving while \nintoxicated or driving under the influence.\n ``(c) Withholding of Funds for Noncompliance.--\n ``(1) Fiscal year 2013.--On October 1, 2012, the Secretary \n shall withhold 1 percent of the amount required to be \n apportioned to a State under each of sections 104(b)(1), \n 104(b)(3), and 104(b)(4) if the State does not meet the \n requirements of subsection (b).\n ``(2) Fiscal year 2014.--On October 1, 2013, the Secretary \n shall withhold 3 percent of the amount required to be \n apportioned to a State under each of sections 104(b)(1), \n 104(b)(3), and 104(b)(4) if the State does not meet the \n requirements of subsection (b).\n ``(3) Fiscal year 2015 and thereafter.--On October 1, 2014, \n and on October 1 of each fiscal year thereafter, the Secretary \n shall withhold 5 percent of the amount required to be \n apportioned to a State under each of sections 104(b)(1), \n 104(b)(3), and 104(b)(4) if the State does not meet the \n requirements of subsection (b).\n ``(d) Period of Availability of Withheld Funds; Effect of \nCompliance and Noncompliance.--\n ``(1) Period of availability of withheld funds.--Any funds \n withheld under subsection (c) from apportionment to a State \n shall remain available for apportionment to the State until the \n end of the third fiscal year following the fiscal year for \n which the funds are authorized to be appropriated.\n ``(2) Apportionment of withheld funds after compliance.--\n If, before the last day of the period for which funds withheld \n under subsection (c) from apportionment are to remain available \n for apportionment to a State under paragraph (1), the State \n meets the requirements of subsection (b), the Secretary shall, \n on the first day on which the State meets the requirements of \n subsection (b), apportion to the State the funds withheld under \n subsection (c) that remain available for apportionment to the \n State.\n ``(3) Period of availability of subsequently apportioned \n funds.--Any funds apportioned pursuant to paragraph (2)--\n ``(A) shall remain available for expenditure until \n the end of the third fiscal year following the fiscal \n year in which the funds are so apportioned; and\n ``(B) if not apportioned at the end of that period, \n shall lapse.\n ``(4) Effect of noncompliance.--If, at the end of the \n period for which funds withheld under subsection (c) from \n apportionment are available for apportionment to a State under \n paragraph (1), the State does not meet the requirements of \n subsection (b), the funds shall lapse.''.\n (b) Conforming Amendment.--The analysis for chapter 1 of title 23, \nUnited States Code, is amended by adding at the end the following:\n\n``Sec. 167. Use of ignition interlock devices to prevent repeat \n intoxicated driving.''.","summary":"Drunk Driving Repeat Offender Prevention Act of 2009 - Directs the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2013-FY2015 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence.","title":"A bill to amend chapter 1 of title 23, United States Code, to condition the receipt of certain highway funding by States on the enactment and enforcement by States of certain laws to prevent repeat intoxicated driving.","text_len":5365,"sum_len":480} {"bill_id":"104_hr4162","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Continued Participation Pension Act \nof 1996''.\n\nSEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS.\n\n Part 2 of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1051 et seq.) is amended by redesignating section 211 as section \n212 and by inserting after section 210 (29 U.S.C. 1060) the following \nnew section:\n\n ``continued participation in defined benefit plans for certain \n individuals\n\n ``Sec. 211. (a) In General.--A defined benefit plan shall provide, \nin accordance with this section, that each qualified beneficiary who \nwould lose eligibility to accrue benefits under the plan as a result of \na qualifying event, may elect, within the election period, continued \nparticipation under the plan.\n ``(b) Continued Participation.--For purposes of this section, the \nterm `continued participation' means continued accrual of benefits by a \nqualified beneficiary in accordance with section 204(b)(1), if the \nfollowing requirements are met:\n ``(1) Determination of service.--A participant shall be \n treated as having not incurred a break in service with the \n employer or employers maintaining the plan. The period of \n continued participation shall be deemed to constitute service \n with the employer or employers maintaining the plan for the \n purpose of determining the nonforfeitability of the qualified \n beneficiary's accrued benefits and for the purpose of \n determining the accrual of benefits. The period of continued \n participation shall be deemed to be service with the employer \n under the terms of the plan or any applicable collective \n bargaining agreement.\n ``(2) Terms of continued participation.--For purposes of \n determining the amount of any liability and any obligation of \n the plan, earnings and forfeitures shall not be included. In \n the case of a multiemployer plan, any liability of the plan \n described in this section shall be allocated--\n ``(A) by the plan in such manner as the sponsor \n maintaining the plan shall provide; or\n ``(B) if the sponsor does not so provide, to the \n last employer employing the person before the \n qualifying event.\n ``(3) Period of continued participation.--The period of \n participation shall extend for the period beginning on the date \n of the qualifying event and ending not earlier than the \n earliest of the following:\n ``(A) Maximum required period.--The date on which \n the participant reaches (or would have reached) normal \n retirement age under the plan.\n ``(B) End of plan.--The date on which the employer \n ceases to provide any defined benefit plan to any \n employee.\n ``(C) Failure to pay contribution.--The date on \n which benefits cease to accrue under the plan by reason \n of a failure to make timely payment of any contribution \n required under the plan with respect to the qualified \n beneficiary.\n ``(4) Contribution requirements.--\n ``(A) In general.--A qualified beneficiary electing \n continued participation is liable to the defined \n benefit plan for funding any obligation of the plan to \n provide the benefits described in paragraph (1). The \n plan shall allocate to qualified beneficiaries the \n amount of applicable contribution attributable to \n employer contributions and mandatory employee \n contributions under the plan, in the same manner that \n employer contributions and mandatory employee \n contributions are allocated to similarly situated \n beneficiaries with respect to whom a qualifying event \n has not occurred. The plan shall provide for benefit \naccruals attributable to voluntary employee contributions only to the \nextent such benefit accruals attributable to such contributions were \navailable to the participant prior to the qualifying event. For \npurposes of computing the beneficiary's contributions, the participant \nshall be deemed to have received compensation during the period of \ncontinued participation, at the rate in effect prior to the occurrence \nof the qualifying event, as if the participant had continued in service \nunder the plan at the rate of 1,000 hours of work during any 12-month \nperiod.\n ``(B) Limitation.--For any period of continued \n participation, the contribution made by the qualified \n beneficiary--\n ``(i) shall not exceed 102 percent of the \n applicable contribution for such period, and\n ``(ii) may, at the election of the payor, \n be made in monthly installments.\n In no event may the plan require the payment of any \n contribution before the day which is 45 days after the \n day on which the qualified beneficiary made the initial \n election for continued participation.\n ``(c) Election Period.--\n ``(1) In general.--The election period--\n ``(A) begins not later than the date on which \n benefits accrual would, but for continued participation \n in accordance with the section, cease, and\n ``(B) is of at least 90 days' duration.\n ``(2) Effect of election on other beneficiaries.--Except as \n otherwise specified in an election, any election of continued \n participation by a qualified beneficiary shall be deemed to \n include an election of continued participation on behalf of any \n other qualified beneficiary who would cease to be a beneficiary \n under the plan by reason of the qualifying event.\n ``(d) Exception for Certain Plans.--Subsection (a) shall not apply \nto any defined benefit plan for any calendar year if all employers \nmaintaining such plan normally employed fewer than 20 employees on a \ntypical business day during the preceding calendar year.\n ``(e) Definitions.--For purposes of this section--\n ``(1) Applicable contribution.--The applicable contribution \n for any period of continued participation of qualified \n beneficiaries shall be equal to the actuarial value of benefit \n accruals attributable to the period of continued participation, \n as determined under regulations of the Secretary.\n ``(2) Qualified beneficiary.--The term `qualified \n beneficiary' means any beneficiary under the plan on the day \n before the qualifying event, including the participant in the \n case of a qualifying event described in paragraph (3)(A).\n ``(3) Qualifying event.--The term `qualifying event' means \n any of the following events occurring within seven years of \n attainment by the participant of normal retirement age, which, \n but for the continued participation provided under this \n section, would result in the cessation of benefit accruals of a \n qualified beneficiary:\n ``(A) The termination (other than by reason of such \n employee's gross misconduct), or reduction of hours, of \n the participant's employment.\n ``(B) The death of the participant.''.\n\nSEC. 3. EFFECTIVE DATES.\n\n (a) General Rule.--This Act shall apply to plan years beginning on \nor after July 1, 1996.\n (b) Special Rule for Collective Bargaining Agreements.--In the case \nof a defined benefit plan maintained pursuant to one or more collective \nbargaining agreements between employee representatives and one or more \nemployers ratified before the date of the enactment of this Act, this \nsection shall not apply to plan years beginning before the later of--\n (1) the date on which the last of the collective bargaining \n agreements relating to the plan terminates (determined without \n regard to any extension thereof agreed to after the date of the \n enactment of this Act), or\n (2) January 1, 2000.","summary":"Continued Participation Pension Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for continued participation under a defined benefit plan for employees who are terminated from employment within seven years of attaining normal retirement age under the plan.","title":"Continued Participation Pension Act of 1996","text_len":8553,"sum_len":299} {"bill_id":"114_hr4888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ending Homelessness Act of 2016''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) although the United States has experienced a reduction \n in veteran homelessness after a surge of new Federal funding \n targeted to homeless veterans starting in fiscal year 2008, \n major progress towards the national goals for ending \n homelessness in our Nation has virtually stalled in the absence \n of increased funding;\n (2) according to the Department of Housing and Urban \n Development's 2015 point-in-time count, there were 564,708 \n people experiencing homelessness in the United States on any \n given night, including 83,170 chronically homeless individuals;\n (3) between 2014 and 2015, homelessness among major city \n Continuum of Care programs, which account for 48 percent of all \n homeless people in the U.S., increased by 3 percent;\n (4) homelessness in many major cities has reached crisis \n proportions and some cities have declared that homelessness has \n reached a state of emergency; and\n (5) the Federal Government must renew its commitment to the \n national goals to end homelessness.\n\nSEC. 3. EMERGENCY RELIEF FUNDING.\n\n Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. \n11360 et seq) is amended--\n (1) by redesignating section 491 (42 U.S.C. 11408; relating \n to rural housing stability grant program) as section 441;\n (2) by redesignating section 592 (42 U.S.C. 11408a; \n relating to use of FMHA inventory for transitional housing for \n homeless persons and for turnkey housing) as section 442; and\n (3) by adding at the end the following new subtitle:\n\n ``Subtitle E--5-Year Path To End Homelessness\n\n``SEC. 451. EMERGENCY RELIEF FUNDING.\n\n ``(a) Direct Appropriations.--There is appropriated out of any \nmoney in the Treasury not otherwise appropriated for each of fiscal \nyears 2017 through 2021, $1,000,000,000, to remain available until \nexpended, for emergency relief grants under this section to address the \nunmet needs of homeless populations in jurisdictions with the highest \nneed.\n ``(b) Formula Grants.--\n ``(1) Allocation.--Amounts appropriated under subsection \n (a) for a fiscal year shall be allocated among collaborative \n applicants that comply with section 402, in accordance with the \n funding formula established under paragraph (2) of this \n subsection.\n ``(2) Formula.--The Secretary shall, in consultation with \n the United States Interagency Council on Homeless, establish a \n formula for allocating grant amounts under this section to \n address the unmet needs of homeless populations in \n jurisdictions with the highest need, using the best currently \n available data that targets need based on key structural \n determinants of homelessness in the geographic area represented \n by a collaborative applicant, which shall include data \n providing accurate counts of--\n ``(A) the poverty rate in the geographic area \n represented by the collaborative applicant;\n ``(B) shortages of affordable housing for low-, \n very low-, and extremely low-income households in the \n geographic area represented by the collaborative \n applicant;\n ``(C) the number of overcrowded housing units in \n the geographic area represented by the collaborative \n applicant;\n ``(D) the number of unsheltered homeless \n individuals and the number of chronically homeless \n individuals; and\n ``(E) any other factors that the Secretary \n considers appropriate.\n ``(3) Grants.--For each fiscal year for which amounts are \n made available under subsection (a), the Secretary shall make a \n grant to each collaborative applicant for which an amount is \n allocated pursuant to application of the formula established \n pursuant to paragraph (2) of this subsection in an amount that \n is equal to the formula amount determined for such \n collaborative applicant.\n ``(4) Timing.--\n ``(A) Formula to be devised swiftly.--The funding \n formula required under paragraph (2) shall be \n established not later than 60 days after the date of \n enactment of this section.\n ``(B) Distribution.--Amounts appropriated or \n otherwise made available under this section shall be \n distributed according to the funding formula \n established pursuant to paragraph (2) not later than 30 \n days after the establishment of such formula.\n ``(c) Use of Grants.--\n ``(1) In general.--Subject to paragraphs (2) through (4), a \n collaborative applicant that receives a grant under this \n section may use such grant amounts only for eligible activities \n under section 415, 423, or 441(b).\n ``(2) Permanent supportive housing requirement.--\n ``(A) Requirement.--Except as provided in \n subparagraph (B), each collaborative applicant that \n receives a grant under this section shall use not less \n than 75 percent of such grant amount for permanent \n supportive housing, including capital costs, rental \n subsidies, and services.\n ``(B) Exemption.--The Secretary shall exempt a \n collaborative applicant from the applicability of the \n requirement under subparagraph (A) if the applicant \n demonstrates, in accordance with such standards and \n procedures as the Secretary shall establish, that--\n ``(i) chronic homelessness has been \n functionally eliminated in the geographic area \n served by the applicant; or\n ``(ii) the permanent supportive housing \n under development in the geographic area served \n by the applicant is sufficient to functionally \n eliminate chronic homelessness once such units \n are available for occupancy.\n The Secretary shall consider and make a determination \n regarding each request for an exemption under this \n subparagraph not later than 60 days after receipt of \n such request.\n ``(3) Limitation on use for administrative expenses.--Not \n more than 5 percent of the total amount of any grant under this \n section to a collaborative applicant may be used for costs of \n administration.\n ``(4) Housing first requirement.--The Secretary shall \n ensure that each collaborative applicant that receives a grant \n under this section is implementing, to the extent possible, and \n will use such grant amounts in accordance with, a Housing First \n model for assistance for homeless persons.\n ``(d) Renewal Funding.--Expiring contracts for leasing, rental \nassistance, or permanent housing shall be treated, for purposes of \nsection 429, as expiring contracts referred to in subsection (a) of \nsuch section.\n ``(e) Reporting to Congress.--\n ``(1) Initial report.--Not later than September 1, 2016, \n the Secretary and the United States Interagency Council on \n Homelessness shall submit a report to the Committees on \n Financial Services and Appropriations of the House of \n Representatives and the Committees on Banking, Housing, and \n Urban Affairs and Appropriations of the Senate describing the \n design and implementation of the grant program under this \n section, which shall include the formula required by subsection \n (b)(2).\n ``(2) Semiannual status reports.--\n ``(A) Reports to congress.--The Secretary and the \n United States Interagency Council on Homelessness shall \n submit reports to the Committees specified in paragraph \n (1) semiannually describing the operation of the grant \n program under this section during the preceding 6 \n months, including identification of the grants made and \n a description of the activities funded with grant \n amounts.\n ``(B) Collection of information by secretary.--The \n Secretary shall require each collaborative applicant \n that receives a grant under this section to submit such \n information to the Secretary as may be necessary for \n the Secretary to comply with the reporting requirement \n under subparagraph (A).\n\n``SEC. 452. SPECIAL PURPOSE VOUCHERS.\n\n ``(a) Direct Appropriation.--There is appropriated out of any money \nin the Treasury not otherwise appropriated for each of fiscal years \n2017 through 2021, $500,000,000, to remain available until expended, \nwhich shall be used as follows:\n ``(1) Rental assistance.--Except as provided in paragraph \n (2), such amount shall be used for incremental assistance for \n rental assistance under section 8(o) of the United States \n Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and \n households who are homeless (as such term is defined in section \n 103 (42 U.S.C. 11302)), which assistance shall be in addition \n to such assistance provided pursuant to renewal of expiring \n contracts for such assistance.\n ``(2) Administrative fees.--The Secretary may use not more \n than 10 percent of such amounts provided for each fiscal year \n for administrative fees under 8(q) of the United States Housing \n Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish \n policies and procedures to provide such fees to the extent \n necessary to assist homeless persons and families on whose \n behalf rental assistance is provided to find and maintain \n suitable housing.\n ``(b) Allocation.--The Secretary shall make assistance provided \nunder this section available to public housing agencies based on \ngeographical need for such assistance by homeless persons and \nhouseholds, as identified by the Secretary, public housing agency \nadministrative performance, and other factors as specified by the \nSecretary.\n ``(c) Availability.--Assistance made available under this section \nshall continue to remain available only for homeless persons and \nhouseholds upon turn-over.\n ``(d) Renewal Funding.--Renewal of expiring contracts for rental \nassistance provided under subsection (a) and for administrative fees \nunder such subsection shall, to the extent provided in appropriation \nActs, be funded under the section 8 tenant-based rental assistance \naccount.\n ``(e) Waiver Authority.--Upon a finding by the Secretary that a \nwaiver or alternative requirement pursuant to this subsection is \nnecessary to ensure that homeless persons and households can obtain \nhousing using rental assistance made available under this section, the \nSecretary may waive, or specify alternative requirements for, any \nprovision of any statute or regulation that the Secretary administers \nin connection with the use of funds made available under this section \n(except for requirements related to fair housing, nondiscrimination, \nlabor standards, and the environment) that relates to screening of \napplicants for assistance, admission of applicants, and selection of \ntenants. The Secretary shall require public housing agencies receiving \nrental assistance funding made available under this section to take all \nreasonable actions to help assisted persons and families avoid \nsubsequent homelessness.\n\n``SEC. 453. OUTREACH FUNDING.\n\n ``(a) Direct Appropriation.--There is appropriated out of any money \nin the Treasury not otherwise appropriated for each of fiscal years \n2017 through 2021, $100,000,000, to remain available until expended, to \nthe Secretary for grants under this section to provide outreach and \ncoordinate services for persons and households who are homeless or \nformerly homeless.\n ``(b) Grants.--\n ``(1) In general.--The Secretary shall make grants under \n this section on a competitive basis only to collaborative \n applicants who comply with section 402.\n ``(2) Priority.--The competition for grants under this \n section shall provide priority to collaborative applicants who \n submit plans to make innovative and effective use of staff \n funded with grant amounts pursuant to subsection (c).\n ``(c) Use of Grants.--A collaborative applicant that receives a \ngrant under this section may use such grant amounts only for providing \ncase managers, social workers, or other staff who conduct outreach and \ncoordinate services for persons and households who are homeless or \nformerly homeless.\n ``(d) Timing.--\n ``(1) Criteria to be established swiftly.--The Secretary \n shall establish the criteria for the competition for grants \n under this section required under subsection (b) not later than \n 60 days after the date of enactment of this section.\n ``(2) Distribution.--Amounts appropriated or otherwise made \n available under this section shall be distributed according to \n the competition established by the Secretary pursuant to \n subsection (b) not later than 30 days after the establishment \n of such criteria.''.\n\nSEC. 4. HOUSING TRUST FUND.\n\n (a) Annual Funding.--There is appropriated, out of any money in the \nTreasury not otherwise appropriated, for fiscal year 2017 and each \nfiscal year thereafter, $1,000,000,000, to remain available until \nexpended, which shall be credited to the Housing Trust Fund established \npursuant to section 1338 of the Federal Housing Enterprises Financial \nSafety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such \nsection.\n (b) Rental Assistance.--There is appropriated, out of any money in \nthe Treasury not otherwise appropriated, for fiscal year 2017 and each \nfiscal year thereafter, $50,000,000, to remain available until \nexpended, for incremental project-based voucher assistance or project-\nbased rental assistance, to be allocated to States pursuant to the \nformula established under section 1338 of the Federal Housing \nEnterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. \n4568), to be used solely in conjunction with grant funds awarded under \nsuch section 1338.\n (c) Tenant Rent Contribution.--\n (1) Limitation.--Subparagraph (A) of section 1338(c)(7) of \n the Federal Housing Enterprises Financial Safety and Soundness \n Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended--\n (A) by striking ``except that not less than 75 \n percent'' and inserting the following: ``except that--\n ``(i) not less than 75 percent'';\n (B) by adding at the end the following new clause:\n ``(ii) notwithstanding any other provision \n of law, all rental housing dwelling units shall \n be subject to legally binding commitments that \n ensure that the contribution toward rent by a \n family residing in the dwelling unit shall not \n exceed 30 percent of the adjusted income (as \n such term is defined in section 3(b) of the \n United States Housing Act of 1937 (42 U.S.C. \n 1437a(b))) of such family; and''.\n (2) Regulations.--The Secretary of Housing and Urban \n Development shall issue regulations to implement section \n 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial \n Safety and Soundness Act of 1992, as added by the amendment \n made by paragraph (1)(B) of this section, not later than the \n expiration of the 90-day period beginning on the date of the \n enactment of this Act.\n\nSEC. 5. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL \n ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS.\n\n (a) Funding.--There is hereby made available to the Secretary of \nHousing and Urban Development $20,000,000, to remain available until \nexpended, for providing technical assistance under section 405 of the \nMcKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in \nconnection with expanding the Healthcare and Housing (H2) Systems \nIntegration Initiative of the Secretary of Housing and Urban \nDevelopment, in collaboration with the United States Interagency \nCouncil on Homelessness and the Secretary of Health and Human Services.\n (b) Use.--In expanding the Initiative referred to in subsection \n(a), the Secretary shall seek to--\n (1) assist States and localities in integrating and \n aligning policies and funding between Medicaid programs, \n behavioral health providers, and housing providers to create \n supportive housing opportunities; and\n (2) engages State Medicaid program directors, Governors, \n State housing and homelessness agencies, any other relevant \n State offices, and any relevant local government entities, to \n assist States in increasing use of their Medicaid programs to \n finance supportive services for homeless persons.\n (c) Priority.--In using amounts made available under this section, \nthe Secretary shall give priority to use for States and localities \nhaving the highest numbers of chronically homeless persons.\n\nSEC. 6. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO \n HOMELESS ASSISTANCE ACT GRANTS.\n\n Section 408 of the McKinney-Vento Homeless Assistance Act (42 \nU.S.C. 11364) is amended to read as follows:\n\n``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this title \nsuch sums as may be necessary for each fiscal year.''.\n\nSEC. 7. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON \n HOMELESSNESS.\n\n Section 209 of the McKinney-Vento Homeless Assistance Act (42 \nU.S.C. 11319) is hereby repealed.\n\nSEC. 8. EMERGENCY DESIGNATION.\n\n (a) In General.--The amounts provided by this Act, and the \namendments made by this Act, are designated as an emergency requirement \npursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 \nU.S.C. 933(g)).\n (b) Designation in Senate.--In the Senate, this Act and the \namendments made by this Act are designated as an emergency requirement \npursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the \nconcurrent resolution on the budget for fiscal year 2010.","summary":"Ending Homelessness Act of 2016 This bill amends the McKinney-Vento Homeless Assistance Act to make additional FY2017-FY2021 appropriations available for: (1) emergency relief grants to address the unmet needs of homeless populations in jurisdictions with the highest need, (2) rental assistance under the United States Housing Act of 1937 for persons and households who are homeless, and (3) homeless outreach and coordination services. Beginning in FY2017, the bill also provides annual additional funds for: (1) the Housing Trust Fund to provide grants to states for use to increase homeownership and the supply of rental housing for extremely low- and very low-income families, including homeless families. And (2) incremental project-based voucher or rental assistance under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. When the Department of Housing and Urban Development (HUD) allocates grants to states from the Housing Trust Fund for rental housing, the dwelling units must be subject to legally binding commitments to ensure that the residing family's contribution toward rent does not exceed 30 of the family's adjusted income. The bill provides funding to HUD to expand the Healthcare and Housing (H2) Systems Integration Initiative by assisting states and localities in coordinating policies among Medicaid programs, behavioral health providers, housing providers, and finance support services for homeless persons. The bill also makes permanent: (1) certain housing assistance programs under the Homeless Assistance Act, and (2) the US Interagency Council on Homelessness.","title":"Ending Homelessness Act of 2016","text_len":19395,"sum_len":1617} {"bill_id":"108_s519","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Indian Tribal Development \nCorporation Feasibility Study Act of 2004''.\n\nSEC. 2. FEASIBILITY STUDY.\n\n Section 4(b) of the Native American Business Development, Trade \nPromotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended--\n (1) by redesignating paragraph (6) as paragraph (7); and\n (2) by inserting after paragraph (5) the following:\n ``(6) Tribal development corporation feasibility study.--\n ``(A) In general.--The Secretary shall establish \n the Tribal Development Corporation Feasibility Study \n Group (referred to in this paragraph as the `Group').\n ``(B) Members.--The Group shall be comprised of 12 \n members, as follows:\n ``(i) Representatives of indian tribes.--\n Five members of the Group shall be \n representatives of federally recognized Indian \n tribes.\n ``(ii) Representatives of the alaska native \n community.--Three members of the Group shall be \n representatives of the Alaska Native Community.\n ``(iii) Representative of the native \n hawaiian community.--One member of the Group \n shall be a representative of the Native \n Hawaiian Community.\n ``(iv) Representative of the private \n sector.--Two members of the Group shall be \n representatives of nongovernmental economic \n activities carried out by private enterprises \n in the private sector.\n ``(v) Federal officials.--One member of the \n Group shall be a representative of the \n Department of the Treasury with demonstrated \n experience in international economic \n development and international financial \n institutions.\n ``(C) Chairperson.--The members of the Group shall \n select a Chairperson.\n ``(D) Personnel and services.--\n ``(i) In general.--The Chairperson of the \n Group may appoint and terminate such personnel \n as are necessary to enable the Group to perform \n its duties.\n ``(ii) Procurement of services.--The \n Chairperson may procure such services as are \n necessary to enable the Group to perform the \n duties of the Group.\n ``(E) Study.--\n ``(i) In general.--Not later than 270 days \n after the date of enactment of this \n subparagraph, the Group shall--\n ``(I) conduct a study to determine \n the feasibility of establishing an \n Indian Tribal Development Corporation \n (referred to in this subparagraph as \n the `Corporation'); and\n ``(II) submit to the Committee on \n Indian Affairs and the Committee on \n Appropriations of the Senate and the \n Committee on Resources and the \n Committee on Appropriations of the \n House of Representatives a report that \n describes the results of the study and \n any recommendations of the Group for \n further legislative action.\n ``(ii) Contents.--The report shall \n contain--\n ``(I) a discussion and \n determination of the financial \n feasibility of the Corporation, \n including whether the Corporation can \n be, over the long term, financially \n self-sustainable;\n ``(II) a discussion and \n determination of the probable economic \n impact of the Corporation, including a \n demonstration of the quantitative and \n qualitative economic impact on Native \n American communities;\n ``(III) a discussion and \n determination of the best alternatives \n in the structure, organization, and \n lending terms and conditions of the \n Corporation, including the most \n appropriate structure of capital \n contributions to best serve, and be \n acceptable to, Native interests;\n ``(IV) a discussion and \n determination of the basic terms and \n conditions under which funding would be \n provided to member Indian tribes;\n ``(V) a discussion of nonfinancial \n and advisory activities to be \n undertaken by the Corporation, \n including the use of diagnostic studies \n by the Corporation to--\n ``(aa) identify tribal, \n Federal, or State policies and \n legal and regulatory conditions \n and infrastructure deficiencies \n that impede investment, both \n private and public, needed to \n promote economic development;\n ``(bb) provide specific \n recommendations for remedial \n actions that can be undertaken \n by an Indian tribe to overcome \n such inhibitors of investment; \n and\n ``(cc) identify and \n establish the terms for pre-\n appraisal studies of investment \n opportunities, both private and \n public, that can be developed \n and promoted by an Indian \n tribe; and\n ``(VI) a discussion and \n determination of--\n ``(aa) the capital \n structure of the Corporation, \n including the optimal level of \n initial capital contributions \n by both Indian tribes and the \n United States Government; and\n ``(bb) the financial \n instruments that will be \n required by the Corporation to \n ensure its success.\n ``(F) Termination of study group.--The Group shall \n terminate 120 days after the date on which the Group \n submits the report under subparagraph (E).\n ``(G) Authorization of appropriations.--There are \n authorized to be appropriated to carry out this \n paragraph--\n ``(i) $3,000,000 for fiscal year 2005; and\n ``(ii) $2,000,000 for fiscal year 2006.''.\n\n Passed the Senate November 19, 2004.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.","title":"A bill to determine the feasibility of establishing an Indian Tribal Development Corporation.","text_len":8941,"sum_len":424} {"bill_id":"108_s433","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clearwater Basin Project Act''.\n\nSEC. 2. DEFINITIONS.\n\n (a) Definitions.--In this Act:\n (1) Advisory panel.--The term ``advisory panel'' means the \n Clearwater Advisory Panel, established by the Secretary under \n section 3.\n (2) Pilot project.--The term ``pilot project'' means the \n Clearwater Basin Pilot Project authorized by section 4.\n (3) Pilot project area.--The term ``pilot project area'' \n means the area described in section 4(a) in which the pilot \n project will be conducted.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (5) Stewardship contract.--The term ``stewardship \n contract'' means a contract to achieve land management goals \n for National Forest System lands as described in section 347 of \n the Department of Interior and Related Agencies Appropriations \n Act, 1999 (16 U.S.C. 2104 note).\n (6) Stewardship objectives.--The term ``stewardship \n objectives'' means objectives that enhance forest ecosystems, \n and restore and improve land health water quality such as--\n (A) road, trail, and infrastructure maintenance or \n obliteration;\n (B) soil productivity improvement;\n (C) improvements in forest ecosystem health;\n (D) watershed restoration and maintenance;\n (E) restoration, maintenance and improvement of \n wildlife and fish habitat;\n (F) control of noxious weeds; and\n (G) reestablishment of native species.\n\nSEC. 3. CLEARWATER ADVISORY PANEL.\n\n (a) Establishment and Purpose.--The Secretary shall establish an \nadvisory group, to be known as the ``Clearwater Advisory Panel'', for \nthe purpose of improving collaborative relationships and providing \nadvice and recommendations to the Forest Service regarding the \nClearwater Basin pilot project and activities under the pilot project, \nas authorized by and consistent with this Act.\n (b) Duties.--The advisory panel shall--\n (1) review and make recommendations to the Forest Service \n regarding activities proposed for high priority implementation \n as part of the pilot project;\n (2) provide early and continuous coordination with \n appropriate Forest Service and other agency officials in \n reviewing and recommending activities for high priority \n implementation; and\n (3) provide frequent opportunities for citizens, \n organizations, tribes, agencies, and other interested parties \n to participate in all stages of the activity schedule \n development process.\n (c) Appointment of Members.--\n (1) Appointment and term.--No later than 90 days after the \n date of enactment of this Act, and consistent with subsection \n (d), the Secretary shall appoint the members of the advisory \n panel and each member shall serve without compensation for a \n term of three years beginning on the date of appointment. The \n Secretary may reappoint members to subsequent three-year terms.\n (2) Vacancies.--The Secretary shall make appointments to \n fill vacancies on the advisory panel as soon as practicable \n after the vacancy has occurred.\n (d) Composition of Advisory Panel.--The advisory panel shall \nbe comprised of 15 members who shall be representative of the interests \nof the following categories:\n (1) Category i.--\n (A) organized labor;\n (B) developed outdoor recreation, off highway \n vehicle users, or commercial recreation activities;\n (C) energy and mineral development interests;\n (D) commercial timber industry; and\n (E) Federal grazing permit holders, or other land \n use permit holders within the pilot project area.\n (2) Category ii.--\n (A) national environmental organizations;\n (B) regional or local environmental organizations;\n (C) dispersed recreational activities;\n (D) archaeological and historical interests; and\n (E) national or regional fish and wildlife interest \n groups.\n (3) Category iii.--\n (A) State elected officeholders or their designee;\n (B) county or local elected officeholders;\n (C) Indian Tribes within or adjacent to the pilot \n project area;\n (D) school officials or teachers; and\n (E) the affected public at large.\n (4) Balanced representation.--The Secretary shall provide \n for balanced representation from among the categories described \n in paragraphs (1), (2), and (3).\n (5) Geographic distribution.--The members of the advisory \n panel shall reside within the State of Idaho, and to the extent \n practicable, within or adjacent to the pilot project area.\n (e) Approval Procedures.--\n (1) Establishment.--Subject to paragraph (2) and the other \n requirements of this Act, the advisory panel shall establish \n procedures for proposing, developing, and reviewing activities \n and schedules for recommendation to the Forest Service for \n approval and implementation under the pilot project. A majority \n must be present to constitute an official meeting of the \n advisory panel.\n (2) Majority vote.--An activity or schedule may be \n recommended by the advisory panel to the applicable Forest \n Supervisor for approval and implementation under the pilot \n program if it is approved by a majority of the advisory panel \n members from each of the three categories described in \n subsection (d).\n (f) Other Authorities and Requirements.--\n (1) Chairperson.--A majority of the advisory panel shall \n select a chairperson.\n (2) Staff assistance.--The Secretary may provide staff \n assistance to the advisory panel from employees under the \n jurisdiction of the Secretary.\n (3) Meetings.--All meetings of the advisory panel shall be \n announced at least one week in advance in a local newspaper of \n record and shall be open to the public. Records of the meetings \n shall be retained and made available for public inspection.\n\nSEC. 4 CLEARWATER BASIN PILOT PROJECT.\n\n (a) Pilot Project Authorized.--The Secretary may conduct a pilot \nproject under this section, to be known as the ``Clearwater Basin pilot \nproject'', on those National Forest System land encompassed by the \nNorth Fork, Powell, and Lochsa Ranger Districts of the Clearwater \nNational Forest in the State of Idaho, and the Red River\/Elk City, \nMoose Creek and Clearwater Ranger Districts of the Nez Perce National \nForest in the State of Idaho.\n (b) Role of Advisory Panel.--The advisory panel shall review and \nrecommend activities for high priority implementation of stewardship \nobjectives within the pilot project area, for which funding is \nauthorized under this Act or other laws.\n (c) Stewardship Contracts.--A total of three stewardship contracts \nare authorized for recommendation by the advisory panel and for \napproval and implementation in accordance with, and to achieve the \npurposes of, the pilot project. These contracts are in addition to any \nstewardship contracts authorized under any other law.\n (d) Activity Schedules.--\n (1) Development.--Within two years after the date of the \n enactment of this Act, the advisory panel shall develop and \n submit for Forest Supervisor review schedules of high priority \n activities to be commenced within the pilot project area for \nthe ensuing five-year period. Separate schedules shall be developed for \nthe Clearwater National Forest portion of the pilot project area. \nThereafter, the advisory panel shall develop and submit in advance \nschedules for subsequent five-year periods.\n (2) Consultation.--The advisory panel shall develop each \n five-year schedule in consultation with, and with technical \n assistance from, the applicable Forest Supervisor and the Nez \n Perce Tribe. The Forest Service shall ensure that the \n activities in the schedules are consistent with treaty and any \n other obligations to the Tribe.\n (3) Content.--Each five-year schedule shall be in \n sufficient detail to describe the high priority activities to \n be conducted in the pilot project area over the five-year \n period and the timing for their implementation, and to allow \n reasonable site-specific, project-level evaluation of their \n environmental effects. The scope of the activities included in \n each schedule shall be reasonably adjusted to the extent that \n the advisory panel and applicable Forest Supervisor determine \n necessary to allow such evaluation to be completed within the \n time periods provided by this Act.\n (4) Consistency with forest plan.--The activities included \n within the five-year schedules shall be consistent with the \n applicable forest land and resource management plan. The \n schedule may include any amendment of the applicable forest \n land and resource management plan that the advisory panel \n recommends or that the applicable Forest Supervisor determines \n is necessary to allow or facilitate implementation of one or \n more activities in the schedule.\n (f) NEPA Requirements and Related Procedures.--\n (1) Process.--The Forest Service shall conduct any \n applicable procedures under the National Environmental Policy \n Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the \n activities in each five-year schedule, tiered to the \n environmental impact statement for the applicable forest land \n and resource management plan. The procedures under such Act, \n and any review, consultation, or coordination under other laws, \n including the Forest and Rangeland Renewable Resources Planning \n Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of \n 1973 (16 U.S.C. 1531 et seq.) and National Historic \n Preservation Act (16 U.S.C. 470), shall be completed within one \n year after the Forest Service, in consultation with the North \n Central Idaho resource advisory committee, issues the public \n scoping notice regarding the proposed schedule.\n (2) Resources.--The Forest Service, and any other Federal \n agencies involved in the process described in paragraph (1), \n shall provide sufficient personnel and other resources, \n directly or through contracting, to complete the review, \n consultation, or coordination within the required one-year \n period, and without substantially delaying implementation of \n other forest management activities in Region 1 of the Forest \n Service. The Forest Service and other involved agencies may \n rely upon or use any analysis, documents, or procedures \n previously performed under the National Environmental Policy \n Act of 1969 or other law for any activity in the schedule.\n (3) Effect of failure to complete process.--If any review, \n consultation, or coordination required under the National \n Environmental Policy Act of 1969 or other law has not been \n completed for a schedule within the required one-year period, \n the lack of completion shall not be a basis for challenging or \n delaying submittal, approval, or implementation of an activity \n in the schedule, if the applicable Forest Supervisor, in \n consultation with the advisory panel, finds that sufficient \n review, consultation, and coordination regarding the activity \n has occurred and a sufficient record exists to make a reasoned \n decision regarding approval of the activity.\n (g) Review by Forest Supervisor.--\n (1) Submission.--The advisory panel shall submit a final \n recommendation regarding each five-year schedule, together with \n the record of the review, consultation, and coordination \n performed under subsection (f) for the schedule, to the \n applicable Forest Supervisor for review. The final \n recommendation and record shall be submitted to the Forest \n Supervisor at least 30 days in advance of the date for \n commencing implementation of activities under the schedule.\n (2) Review.--Within 30 days after receiving the schedule \n and record from the advisory panel, the Forest Supervisor shall \n issue a project or activity decision document regarding review \n of the recommended schedule in accordance with the National \n Environmental Policy Act of 1969 and any other applicable \n procedures. In the decision document, the Forest Supervisor may \n approve the schedule, or disapprove the schedule and return it \n to the advisory panel for further consideration with \n instructions. If the Forest Supervisor has not issued a \ndecision document upon expiration of the 30-day period, the schedule \nshall be deemed approved by the Forest Supervisor and subject to \nadministrative appeal under Department of Agriculture procedures \napplicable to Forest Service project or activity record of decision or \ndecision notice documents issued pursuant to the National Environmental \nPolicy Act of 1969.\n (h) Implementation.--Upon approval of the schedule, but subject to \nany stay that may be in effect pursuant to Forest Service project or \nactivity administrative appeal procedures, the Forest Service may issue \nany permits, contracts, or other authorizations for activities in the \nschedule without further review, consultation, or coordination under \nthe National Environmental Policy Act of 1969 or other laws.\n (i) Activities Not Included in a 5-Year Schedule; Amendment of \nSchedule.--An activity that the advisory panel determines should \nproceed in advance of approval of the first five-year schedule, or an \nactivity in the pilot project area that is not included in a five-year \nschedule, may be approved and implemented on an individual or group \nbasis, upon completing the process and requirements for review and \napproval of a five-year schedule. A five-year schedule may be amended \nupon completed the process and requirements for review and approval of \nthe schedule.\n (j) Relation to Other Schedules, Plans, and Activities.--The five-\nyear schedules and activities authorized under the pilot project shall \nsupplement other schedules plans and projects or other activities \nauthorized and implemented under other law. Upon advisory panel \nrecommendation and applicable Forest Supervisor approval, an activity \nthat is included in another schedule or plan or proposed, authorized, \nor funded under other law may be authorized and implemented as an \nactivity under the pilot project, if the activity meets the \nrequirements of this section for implementation as a high priority \nactivity.\n\nSEC. 5. MONITORING AND REPORTING REQUIREMENTS.\n\n (a) Report on Applicable Rules and Regulations.--The advisory panel \nmay submit to the Secretary, the Committee on Energy and Natural \nResources of the Senate and the Committee on Resources of the House of \nRepresentatives a compilation of regulations applicable to the pilot \nproject that the advisory panel determines are inappropriate for the \npilot project, incompatible with the pilot project, or unduly \nburdensome in conducting the pilot project.\n (b) Monitoring; Annual Report on the Project.--The Secretary shall \nmonitor the activities and achievement in the pilot project area under \nthe pilot project. Not later than two years after the date of the \nenactment of this Act, and each year thereafter during the pilot \nproject, the Secretary shall submit a report to the Committee on Energy \nand Natural Resources of the Senate and the Committee on Resources of \nthe House of Representatives on the results of such monitoring, \nincluding detailed information on the sources and uses of funds and the \nstatus, outputs, and other results accomplished for each activity \nrecommended for priority implementation by the advisory panel under the \npilot project.\n (c) State of Idaho Report.--The Secretary shall request the State \nof Idaho, through the University of Idaho College of Natural Resource \nor other source, to prepare a report reviewing the activities and \nachievements of the pilot project in the pilot project area. The \nSecretary shall request the State to prepare and submit the report at \nfive-year intervals to the Secretary, the Committee on Energy and \nNatural Resources of the Senate, and the Committee on Resources of the \nHouse of Representatives. The requested report should include an \nassessment of whether, and to what extent, the activities conducted \nunder the pilot project are meeting or enhancing the accomplishment of \nstewardship objectives.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary, through fiscal year 2012, such sums as \nmay be necessary for the following purposes:\n (1) Developing, submitting, reviewing, and implementing \n five-year schedules and priority activities under the pilot \n project, including the stewardship contracts authorized by this \n Act.\n (2) Other advisory panel activities and technical \n assistance to the advisory panel for the purposes of the pilot \n project.\n (3) Monitoring and reporting requirements under section 5.\n (4) Such other actions as are necessary to implement this \n Act.\n (b) Availability.--Amount appropriated for the purposes specified \nin subsection (a) shall remain available until expended.\n (c) Treatment of Receipts.--Notwithstanding the Secure Rural \nSchools and Community Self-Determination Act of 2000 (Public Law 106-\n393; 16 U.S.C. 500 note), any moneys received by the Forest Service \nfrom activities approved and implemented under the pilot project shall \nbe distributed in accordance with the sixth paragraph under the heading \n``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).\n\nSEC. 7. SEVERABILITY.\n\n If any provisions of this Act or the application of this Act to any \nperson or circumstances is held to be invalid, the validity of the \nremainder of this Act and of the application of such provision to other \npersons and circumstances shall not be affected.","summary":"Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation, (2) provide early and continuous coordination with Federal officials. And (3) provide for public input into its proceedings. Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project . Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule. Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures. Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law.","title":"A bill to provide for enhanced collaborative forest stewardship management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes.","text_len":19144,"sum_len":1612} {"bill_id":"107_hr5633","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Federal Asthma \nAssessment and State Tracking Act of 2002'' (FAAST Act).\n (b) Findings.--Congress finds the following:\n (1) Asthma summary.--Asthma is a serious chronic condition \n affecting many Americans. Asthma accounts for an estimated 3 \n million lost workdays for adults and 10.1 million lost school \n days in children annually. Over the past 20 years mortality, \n morbidity, and hospital discharge rates attributed to asthma \n have substantially increased. Between 1979 and 1998, the age-\n adjusted mortality rate increased 56 percent while the \n prevalence rate increased by almost 22 percent in males and 97 \n percent in females between 1982 and 1996.\n (2) Race-specific prevalence.--In 1996, the prevalence rate \n of asthma in whites was 53.5 per 1,000 persons while the \n prevalence rate in blacks was 69.6 per 1,000 persons. Both of \n these rates represent significant differences from the rates \n reported in 1982, when they were 34.6 and 39.2 for whites and \n blacks, respectively.\n (3) Economic costs of asthma.--Asthma entails an annual \n economic cost to the Nation in direct health care costs of $8.1 \n billion; indirect costs (lost productivity) add another $4.6 \n billion for a total of $12.7 billion. Inpatient hospital \n services represented the largest single direct medical \n expenditure, over $3.5 billion. The value of reduced \n productivity due to loss of school days represented the largest \n single indirect cost at $1.5 billion.\n\nSEC. 2. ASTHMA SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS.\n\n (a) Early Head Start Programs.--Section 645A of the Head Start Act \n(42 U.S.C. 9840a) is amended by adding at the end the following:\n ``(h) Asthma Screening.--\n ``(1) In general.--An entity that receives assistance under \n this section may carry out a program under which the entity--\n ``(A) determines whether a child eligible to \n participate in the program described in subsection (a) \n has each received an asthma screening test using a test \n that is appropriate for age and risk factors on the \n enrollment of the child in the program; and\n ``(B) in the case of a child who has not received \n such an asthma screening test, ensures that the \n enrolled child receives such a test either by referral \n or by performing the test (under contract or \n otherwise).\n ``(2) Reimbursement.--\n ``(A) In general.--On the request of an entity that \n performs or arranges for the performance of an asthma \n screening test under paragraph (1) on a child who is \n eligible for or receiving medical assistance under a \n State plan under title XIX of the Social Security Act \n (42 U.S.C. 1396 et seq.), the Secretary of Health and \n Human Services, notwithstanding any other provision of, \n or limitation under, title XIX of the Social Security \n Act, shall reimburse the entity, from funds that are \n made available under that title, for 100 percent of the \n cost of the test and data reporting.\n ``(B) Costs.--The costs of a test conducted under \n this subsection--\n ``(i) shall include reimbursement for \n testing devices and associated supplies \n approved for sale by the Food and Drug \n Administration and used in compliance with \n section 353 of the Public Health Service Act \n (42 U.S.C. 263a); and\n ``(ii) shall include reimbursement for \n administering the tests and related services, \n as determined appropriate by the State agency.\n ``(3) Head start.--This subsection shall apply to Head \n Start programs that include coverage, directly or indirectly, \n for infants and toddlers under the age of 3 years.''.\n (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 \nU.S.C. 9837(b)) is amended--\n (1) in paragraph (10), by striking ``and'' at the end;\n (2) in paragraph (11), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(12) with respect to an agency that elects to carry out a \n program under section 645A(h), comply with the requirements of \n such section in the case of each child eligible to participate \n in the Head Start program to be carried out by the agency.''.\n\nSEC. 3. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC \n SCHOOLS.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by adding at the end the following:\n\n``SEC. 320B. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN \n PUBLIC SCHOOLS.\n\n ``(a) Grants.--The Secretary shall award grants to eligible local \neducational agencies to enable such agencies to carry out asthma health \nscreening and case management programs determined appropriate by the \nSecretary in accordance with the program elements described in \nsubsection (d).\n ``(b) Eligibility.--To be eligible to receive a grant under \nsubsection (a), a local educational agency shall prepare and submit to \nthe Secretary an application at such time, in such manner, and \ncontaining such information as the Secretary may require.\n ``(c) Preference.--In awarding grants under this section, the \nSecretary shall give preference to local educational agencies serving \nschools that are located in areas with a high incidence of childhood \nasthma or a high death rate associated with childhood asthma.\n ``(d) Program Elements.--Under an asthma program operated under a \ngrant under this section, a local educational agency shall--\n ``(1) determine whether a child enrolled in a school in \n which the program is in effect has received an asthma screening \n test using a test that is appropriate for age and risk factors \n on the enrollment of the child in the school;\n ``(2) in the case of a child who has not received an asthma \n screening test, ensure that the child receives such a test \n either by referral or by performing the test (under contract or \n otherwise); and\n ``(3) in the case of a child determined to have asthma, \n provide treatment or refer the child for treatment (including \n case management) and education in the management of asthma.\n ``(e) Reimbursement.--\n ``(1) Children enrolled in or eligible for medicaid.--\n ``(A) In general.--With respect to a child who is \n eligible for or receiving medical assistance under a \n State plan under title XIX of the Social Security Act \n (42 U.S.C. 1396 et seq.) and who receives, or is \n provided, a test, treatment, or education, under a \n program established under subsection (a), the \n Secretary, notwithstanding any other provision of, or \n limitation under, such title XIX, including the payment \n limitation commonly known as the `free care rule', \n shall reimburse the local educational agency \n administering such program from funds that are made \n available under such title XIX for 100 percent of the \n cost of the performance, arrangement, or provision and \n data reporting.\n ``(B) Costs.--The costs of a test conducted under \n this section shall include reimbursement for--\n ``(i) testing devices and associated \n supplies approved for sale by the Food and Drug \n Administration and used in compliance with \n section 353; and\n ``(ii) administering the tests and related \n services, as determined appropriate by the \n State agency responsible for the administration \n of title XIX of the Social Security Act (42 \n U.S.C. 1396 et seq.).\n ``(2) Children enrolled in or eligible for schip.--\n ``(A) In general.--With respect to a child who is \n eligible for or receiving child health assistance under \n a State plan under title XXI of the Social Security Act \n (42 U.S.C. 1397aa et seq.) and who receives, or is \n provided, a test, treatment, or education under a \n program established under subsection (a), the \n Secretary, notwithstanding any other provision of, or \n limitation under, such title XXI, or any other \n provision of law (including the payment limitation \n under title XIX commonly known as the `free care rule' \n to the extent, if any, such limitation applies to the \n State children's health insurance program established \n under title XXI of that Act), shall reimburse the local \n educational agency administering such program from \n funds that are made available under such title XXI for \n 100 percent of the cost of the performance, \n arrangement, or provision and data reporting.\n ``(B) Costs.--The costs shall include the costs \n described in paragraph (1)(B).\n ``(f) Definitions.--In this section, the terms `local educational \nagency', `elementary school', and `secondary school' have the meanings \ngiven such terms in section 9101 of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 7801).\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section with respect to a child, and any \ndata reporting with respect to the child, who is not eligible for \ncoverage under title XIX or XXI of the Social Security Act, or is not \notherwise covered under a health insurance plan, $15,000,000 for each \nof fiscal years 2003 through 2008.\n ``(h) Evaluations.--Not later than 4 years after the date of \nenactment of this section, the Secretary shall prepare and submit to \nthe appropriate committees of Congress a report containing data related \nto whether grants provided under this section have ensured that \nchildren at the highest risk for asthma are identified and treated.''.\n\nSEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN \n ELIGIBLE UNDER MEDICAID OR SCHIP.\n\n (a) Medicaid.--Section 1903(c) of the Social Security Act (42 \nU.S.C. 1396b(c)) is amended--\n (1) by inserting ``(1)'' after ``(c)''; and\n (2) by adding at the end the following:\n ``(2) Nothing in this title or any other provision of law, \nincluding the payment limitation commonly known as the `free care \nrule', shall be construed as prohibiting or restricting, or authorizing \nthe Secretary to prohibit or restrict, payment under subsection (a) for \nmedical assistance for covered services furnished to a child who is \neligible for or receiving medical assistance under the State plan and \nwho receives an asthma screening test, or is provided treatment or \neducation in disease management relating to asthma, through a public \nelementary or secondary school, whether directly or indirectly, and \nregardless of whether the school participates in a program established \nunder subsection (a) or (b) of section 1120B of the Elementary and \nSecondary Education Act of 1965.''.\n (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C. \n1397ee) is amended by adding at the end the following:\n ``(g) Required Payment for Certain School-Based Services.--Nothing \nin this title or any other provision of law (including the payment \nlimitation under title XIX commonly known as the `free care rule' to \nthe extent, if any, such limitation applies to the program established \nunder this title) shall be construed as prohibiting or restricting, or \nauthorizing the Secretary to prohibit or restrict, payment under \nsubsection (a) for child health assistance for covered services \nfurnished to a child who is eligible for or receiving such assistance \nunder the State child health plan and who receives an asthma screening \ntest that is available to children receiving assistance under the State \nplan, or is provided treatment or education in disease management \nrelating to asthma through a public elementary or secondary school, \nwhether directly or indirectly, and regardless of whether the school \nparticipates in a program established under subsection (a) or (b) of \nsection 1120B of the Elementary and Secondary Education Act of 1965.''.\n\nSEC. 5. MODEL ASTHMA TREATMENTS CENTERS DEMONSTRATION PROGRAM.\n\n (a) In General.--The Secretary of Health and Human Services (in \nthis section referred to as the ``Secretary'') shall develop, in \nconjunction with State medicaid programs under title XIX of the Social \nSecurity Act, a demonstration program for model asthma treatment \ncenters. In developing the program, the Secretary shall base the \ncenters on the scientifically validated asthma treatment models \ndeveloped by the Inner City Asthma Program sponsored by the National \nInstitutes of Health. Such Program has successfully provided education, \nscreening, and treatment services to children with asthma while \nimproving health outcomes and lowering overall health care \nexpenditures.\n (b) Location.--In developing the demonstration program under this \nsection, the Secretary shall give priority to communities where the \nprevalence of uncontrolled asthma is high.","summary":"Federal Asthma Assessment and State Tracking Act of 2002 - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma screening programs. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to local educational agencies for asthma screening programs for public school children. Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma screening tests. Requires the Secretary to develop, in conjunction with State medicaid programs under the Social Security Act, a demonstration program for model asthma treatment centers. Directs that the centers be based on the treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Directs the Secretary to give priority in developing the program to communities where the prevalence of uncontrolled asthma is high.","title":"To ensure that children at highest risk for asthma are identified and treated.","text_len":14340,"sum_len":1037} {"bill_id":"104_s1486","text":"SECTION 1. PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED BY \n REDUCTION IN FORCE ACTIONS.\n\n (a) Short Title.--This Act may be cited as the ``Public Servant \nPriority Placement Act of 1995''.\n (b) In General.--Subchapter I of chapter 33 of title 5, United \nStates Code, is amended by adding at the end thereof the following new \nsection:\n``Sec. 3329b. Placement programs for Federal employees affected by \n reduction in force actions\n ``(a) For purposes of this section the term ``agency'' means an \n``Executive agency'' as defined under section 105, except such term \nshall not include the General Accounting Office.\n ``(b) No later than 180 days after the date of the enactment of \nthis section, the Director of the Office of Personnel Management shall \nestablish a Government-wide program and each agency shall establish an \nagency program to facilitate employment placement for Federal employees \nwho--\n ``(1) are scheduled to be separated from service under a \n reduction in force under--\n ``(A) regulations prescribed under section 3502; or\n ``(B) procedures established under section 3595; or\n ``(2) are separated from service under such a reduction in \n force.\n ``(c) Each agency placement program established under subsection \n(b) shall provide a system to require the offer of a vacant position in \nan agency to an employee of such agency affected by a reduction in \nforce action, if--\n ``(1) the position cannot be filled within the agency;\n ``(2) the employee to whom the offer is made is qualified \n for the offered position;\n ``(3)(A) the classification of the offered position is \n equal to or no more than one grade below the classification of \n the employee's present or last held position; or\n ``(B)(i) the basic rate of pay of the offered position is \n equal to the basic rate of pay of the employee's present or \n last held position; or\n ``(ii) sections 5362 and 5363 apply to the basic rate of \n pay of the employee in the offered position; and\n ``(4) the geographic location of the offered position is \n within the commuting area of--\n ``(A) the residence of the employee; or\n ``(B) the location of the employee's present or \n last held position.\n ``(d) The Government-wide placement program established under \nsubsection (b) shall--\n ``(1) coordinate with programs established by agencies for \n the placement of agency employees affected by a reduction in \n force action within such agency; and\n ``(2) provide a system to require the offer of a vacant \n position in an agency to an employee of another agency affected \n by a reduction in force action, if--\n ``(A) the vacant position cannot be filled through \n the placement program or otherwise be filled from \n within the agency in which the position is located;\n ``(B) the employee to whom the offer is made is \n well qualified for the offered position;\n ``(C)(i) the classification of the offered position \n is equal to the classification of the employee's \n present or last held position; or\n ``(ii) the basic rate of pay of the offered \n position is equal to the basic rate of pay of the \n employee's present or last held position; and\n ``(D) the geographic location of the offered \n position is within the commuting area of--\n ``(i) the residence of the employee; or\n ``(ii) the location of the employee's \n present or last held position.\n ``(e)(1) The agency placement program established under this \nsection shall not affect any priority placement program of the \nDepartment of Defense that is in operation on the date of the enactment \nof this section.\n ``(2) The interagency placement program established under this \nsection shall not affect the priority of placement of any employee \nunder the agency placement program of such employee's employing \nagency.''.\n (c) Technical and Conforming Amendments.--(1) The section heading \nfor the second section 3329 (relating to Government-wide list of vacant \npositions) is amended to read as follows:\n``Sec. 3329a. Government-wide list of vacant positions''.\n (2) The table of sections for chapter 33 of title 5, United States \nCode, is amended by striking out the item relating to the second \nsection 3329 (relating to Government-wide list of vacant positions) and \ninserting in lieu thereof the following:\n\n``3329a. Government-wide list of vacant positions.\n``3329b. Placement programs for Federal employees affected by reduction \n in force actions.''.","summary":"Public Servant Priority Placement Act of 1995 - Amends Federal civil service law to require the Director of the Office of Personnel Management to establish a Government-wide priority placement program, and each Federal agency to establish a similar agency-wide program, for Federal employees affected by a reduction in force.","title":"Public Servant Priority Placement Act of 1995","text_len":5051,"sum_len":325} {"bill_id":"110_hr5834","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``North Korean Human Rights \nReauthorization Act of 2008''.\nSEC. 2. FINDINGS.\n Congress finds the following:\n (1) The North Korean Human Rights Act of 2004 (Public Law 108-\n 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the \n Act'') was the product of broad, bipartisan consensus in Congress \n regarding the promotion of human rights, transparency in the \n delivery of humanitarian assistance, and refugee protection.\n (2) In addition to the longstanding commitment of the United \n States to refugee and human rights advocacy, the United States is \n home to the largest Korean population outside of northeast Asia, \n and many in the two-million strong Korean-American community have \n family ties to North Korea.\n (3) Human rights and humanitarian conditions inside North Korea \n are deplorable, North Korean refugees remain acutely vulnerable, \n and the findings in section 3 of the Act remain accurate today.\n (4) The Government of China is conducting an increasingly \n aggressive campaign to locate and forcibly return border-crossers \n to North Korea, where they routinely face torture and imprisonment, \n and sometimes execution. According to recent reports, the Chinese \n Government is shutting down Christian churches and imprisoning \n people who help North Korean defectors and has increased the bounty \n paid for turning in North Korean refugees.\n (5) In an attempt to deter escape attempts, the Government of \n North Korea has reportedly stepped up its public execution of \n border-crossers and those who help others cross into China.\n (6) In spite of the requirement of the Act that the Special \n Envoy on Human Rights in North Korea (the ``Special Envoy'') report \n to the Congress no later than April 16, 2005, a Special Envoy was \n not appointed until August 19, 2005, more than four months after \n the reporting deadline.\n (7) The Special Envoy appointed by the President has filled \n that position on a part-time basis only.\n (8) Since the passage of the North Korean Human Rights Act, \n Congress has on several occasions expressed interest in the status \n of North Korean refugees, and on February 21, 2006, a bipartisan \n group of senior Members of the House and Senate wrote Secretary of \n State Condoleezza Rice ``to express [their] deep concern for the \n lack of progress in funding and implementing the key provisions of \n the North Korean Human Rights Act'', particularly the lack of North \n Korean refugee admissions to the United States.\n (9) Although the United States refugee resettlement program \n remains the largest in the world by far, the United States has \n resettled only 37 North Koreans in the period from 2004 through \n 2007.\n (10) From the end of 2004 through 2007, the Republic of Korea \n resettled 5,961 North Koreans.\n (11) Extensive delays in assessment and processing have led \n numerous North Korean refugees to abandon their quest for United \n States resettlement, and long waits (of more than a year in some \n cases) have been the source of considerable discouragement and \n frustration among refugees, many of whom are awaiting United States \n resettlement in circumstances that are unsafe and insecure.\n (12) From 2000 through 2006, the United States granted asylum \n to 15 North Koreans, as compared to 60 North Korean asylum grantees \n in the United Kingdom, and 135 in Germany during that same period.\nSEC. 3. SENSE OF CONGRESS.\n It is the sense of Congress that--\n (1) the United States should continue to make it a priority to \n seek broader permission and greater cooperation from foreign \n governments to allow the United States to process North Korean \n refugees overseas for resettlement in the United States, through \n persistent diplomacy by senior officials of the United States, \n including United States ambassadors to Asia-Pacific nations;\n (2) at the same time that careful screening of intending \n refugees is important, the United States also should make every \n effort to ensure that its screening, processing, and resettlement \n of North Korean refugees are as efficient and expeditious as \n possible;\n (3) the Special Envoy for North Korean Human Rights Issues \n should be a full-time position within the Department of State in \n order to properly promote and coordinate North Korean human rights \n and humanitarian issues, and to participate in policy planning and \n implementation with respect to refugee issues, as intended by the \n North Korean Human Rights Act of 2004 (Public Law 108-333; 22 \n U.S.C. 7801 et seq.);\n (4) in an effort to more efficiently and actively participate \n in humanitarian burden-sharing, the United States should approach \n our ally, the Republic of Korea, to revisit and explore new \n opportunities for coordinating efforts to screen and resettle North \n Koreans who have expressed a wish to pursue resettlement in the \n United States and have not yet availed themselves of any right to \n citizenship they may enjoy under the Constitution of the Republic \n of Korea; and\n (5) because there are genuine refugees among North Koreans \n fleeing into China who face severe punishments upon their forcible \n return, the United States should urge the Government of China to--\n (A) immediately halt its forcible repatriation of North \n Koreans;\n (B) fulfill its obligations pursuant to the 1951 United \n Nations Convention Relating to the Status of Refugees, the 1967 \n Protocol Relating to the Status of Refugees, and the 1995 \n Agreement on the Upgrading of the UNHCR Mission in the People's \n Republic of China to UNHCR Branch Office in the People's \n Republic of China; and\n (C) allow the United Nations High Commissioner for Refugees \n (UNHCR) unimpeded access to North Koreans inside China to \n determine whether they are refugees and whether they require \n assistance.\nSEC. 4. DEFINITIONS.\n Section 5(1)(A) of the North Korean Human Rights Act of 2004 \n(Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking \n``International Relations'' and inserting ``Foreign Affairs''.\nSEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.\n Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 \nU.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the \nfollowing: ``and $2,000,000 for each of fiscal years 2009 through \n2012''.\nSEC. 6. RADIO BROADCASTING TO NORTH KOREA.\n Not later than 120 days after the date of the enactment of this \nAct, the Broadcasting Board of Governors (BBG) shall submit to the \nappropriate congressional committees, as defined in section 5(1) of the \nNorth Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report \nthat describes the status and content of current United States \nbroadcasting to North Korea and the extent to which the BBG has \nachieved the goal of 12-hour-per-day broadcasting to North Korea \npursuant to section 103 of such Act (22 U.S.C. 7813).\nSEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.\n Section 104 of the North Korean Human Rights Act of 2004 (22 \nU.S.C. 7814) is amended--\n (1) in subsection (b)(1), by striking ``2008'' and inserting \n ``2012''; and\n (2) in subsection (c), by striking ``in each of the 3 years \n thereafter'' and inserting ``annually through 2012''.\nSEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES.\n Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. \n7817) is amended--\n (1) in the section heading, by striking ``human rights in north \n korea'' and inserting ``north korean human rights issues'';\n (2) in subsection (a)--\n (A) in the first sentence--\n (i) by striking ``human rights in North Korea'' and \n inserting ``North Korean human rights issues''; and\n (ii) by inserting before the period at the end the \n following: ``, by and with the advice and consent of the \n Senate'';\n (B) in the second sentence, by inserting before the period \n at the end the following: ``who shall have the rank of \n ambassador and shall hold the office at the pleasure of the \n President'';\n (3) in subsection (b), by inserting before the period at the \n end the following: ``, including, in coordination with the Bureau \n of Population, Refugees, and Migration, the protection of those \n people who have fled as refugees'';\n (4) in subsection (c)--\n (A) by redesignating paragraphs (1) through (6) as \n paragraphs (2) through (7), respectively;\n (B) by inserting before paragraph (2), as so redesignated, \n the following new paragraph:\n ``(1) participate in the formulation and the implementation of \n activities carried out pursuant to this Act;''; and\n (C) in paragraph (5), as so redesignated, by striking \n ``section 102'' and inserting ``sections 102 and 104''; and\n (5) in subsection (d), by striking ``for the subsequent 5 year-\n period'' and inserting ``thereafter through 2012''.\nSEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.\n Section 201(a) of the North Korean Human Rights Act of 2004 (22 \nU.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by \nstriking ``in each of the 2 years thereafter'' and inserting ``annually \nthereafter through 2012''.\n SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.\n Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 \nU.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting \n``2012''.\n SEC. 11. ANNUAL REPORTS.\n Section 305(a) of the North Korean Human Rights Act of 2004 (22 \nU.S.C. 7845(a)) is amended--\n (1) in the subsection heading, by inserting ``and Refugee'' \n before ``Information'';\n (2) in the matter preceding paragraph (1)--\n (A) by striking ``for each of the following 5 years'' and \n inserting ``through 2012''; and\n (B) by striking ``which shall include--'' and inserting \n ``which shall include the following:'';\n (3) in paragraph (1)--\n (A) by striking ``the number of aliens'' and inserting \n ``The number of aliens''; and\n (B) by striking ``; and'' at the end and inserting a \n period;\n (4) in paragraph (2), by striking ``the number of aliens'' and \n inserting ``The number of aliens''; and\n (5) by adding at the end the following new paragraph:\n ``(3) A detailed description of the measures undertaken by the \n Secretary of State to carry out section 303, including country-\n specific information with respect to United States efforts to \n secure the cooperation and permission of the governments of \n countries in East and Southeast Asia to facilitate United States \n processing of North Koreans seeking protection as refugees. The \n information required under this paragraph shall be provided in \n unclassified form, with a classified annex, if necessary.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information in North Korea. And (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting US broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting US humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.","title":"To amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes.","text_len":11615,"sum_len":1134} {"bill_id":"108_hr2697","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Caring Family Act of 2003''.\n\nSEC. 2. ADDITIONAL PERSONAL EXEMPTION FOR DEPENDENTS WITH LONG-TERM \n CARE NEEDS IN TAXPAYER'S HOME.\n\n (a) In General.--Section 151 of the Internal Revenue Code of 1986 \n(relating to allowance of deductions for personal exemptions) is \namended by redesignating subsections (d) and (e) as subsections (e) and \n(f), respectively, and by inserting after subsection (c) the following \nnew subsection:\n ``(d) Additional Exemption for Dependents With Long-Term Care Needs \nin Taxpayer's Home.--\n ``(1) In general.--An exemption of the applicable amount \n for each qualified family member of the taxpayer.\n ``(2) Applicable amount.--For purposes of paragraph (1), \n the applicable amount is the amount determined in accordance \n with the following table:\n\n``For taxable years beginning The applicable\n in calendar year-- applicable amount is--\n 2003 and 2004................................. $500 \n 2005 and 2006................................. 1,000 \n 2007 and 2008................................. 1,500 \n 2009 and 2010................................. 2,000 \n 2011 and 2012................................. 2,500 \n 2013 and thereafter........................... 0.\n ``(3) Qualified family member.--For purposes of this \n subsection, the term `qualified family member' means, with \n respect to any taxable year, any individual--\n ``(A) who is--\n ``(i) the spouse of the taxpayer, or\n ``(ii) a dependent of the taxpayer with \n respect to whom the taxpayer is entitled to an \n exemption under subsection (c),\n ``(B) who has attained age 60 before the close of \n the taxable year,\n ``(C) who is an individual with long-term care \n needs, and\n ``(D) who, for more than one-half of the taxable \n year, has as such individual's principal place of abode \n the home of the taxpayer and is a member of the \n taxpayer's household.\n ``(4) Individuals with long-term care needs.--For purposes \n of this subsection, the term `individual with long-term care \n needs' means, with respect to any taxable year, an individual \n who has been certified during such year by a physician (as \n defined in section 1861(r)(1) of the Social Security Act) as \n being, for a period of at least 180 consecutive days which \n includes the date of the certification--\n ``(A) an individual who is unable to perform \n (without substantial assistance from another \n individual) at least 2 activities of daily living (as \n defined in section 7702B(c)(2)(B)) due to a loss of \n functional capacity, or\n ``(B) an individual who requires substantial \n supervision to protect such individual from threats to \n health and safety due to severe cognitive impairment \n and is unable to perform, without reminding or cuing \n assistance, at least 1 activity of daily living (as so \n defined) or to the extent provided in regulations \n prescribed by the Secretary (in consultation with the \n Secretary of Health and Human Services), is unable to \n engage in age appropriate activities.\n ``(5) Identification requirement.--\n ``(A) In general.--No exemption shall be allowed \n under this subsection to a taxpayer with respect to any \n qualified family member unless the taxpayer includes on \n the return of tax for the taxable year--\n ``(i) the name and TIN of such member, and\n ``(ii) the name and TIN of the physician \n certifying such member.\n ``(B) Exception for due diligence.--In the case of \n a failure to provide the information required under \n subparagraph (A)(ii), such subparagraph shall not apply \n if it is shown that the taxpayer exercised due \n diligence in attempting to provide the information so \n required.\n ``(6) Special rules.--Rules similar to the rules of \n paragraphs (2), (3), and (4) of section 21(e) shall apply for \n purposes of this subsection.''.\n (b) Conforming Amendments.--\n (1) Section 1(f)(6)(A) of such Code is amended by striking \n ``151(d)(4)'' and inserting ``151(e)(4)''.\n (2) Section 1(f)(6)(B) of such Code, as amended by the \n Economic Growth and Tax Relief Reconciliation Act of 2001, is \n amended by striking ``151(d)(3)(A)'' and inserting \n ``151(e)(3)(A)''.\n (3) Section 1(f)(6)(B) of such Code, as in effect on the \n day before the date of the enactment of the Economic Growth and \n Tax Relief Reconciliation Act of 2001, is amended by striking \n ``151(d)(4)(A)'' and inserting ``151(e)(4)(A)''.\n (4) Section 3402(f)(1)(A) of such Code is amended by \n striking ``151(d)(2)'' and inserting ``151(e)(2)''.\n (5) Section 3402(r)(2)(B) of such Code is amended by \n striking ``151(d)'' and inserting ``151(e)''.\n (6) Section 6012(a)(1)(D)(ii) of such Code is amended--\n (A) by striking ``151(d)'' and inserting \n ``151(e)'', and\n (B) by striking ``151(d)(2)'' and inserting \n ``151(e)(2)''.\n (7) Section 6013(b)(3)(A) of such Code is amended by \n striking ``151(d)'' and inserting ``151(e)''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2002.","summary":"Caring Family Act of 2003 - Amends the Internal Revenue Code to allow an additional exemption for dependents, residing with the taxpayer, with long-term care needs who are over the age of 60.","title":"To amend the Internal Revenue Code of 1986 to provide an additional personal exemption for certain dependents with long-term care needs.","text_len":6249,"sum_len":191} {"bill_id":"105_hr1359","text":"SECTION 1. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS.\n\n Title VI of the Public Utility Regulatory Policies Act of 1978 is \namended by adding after section 604 the following new section:\n\n``SEC. 605. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND.\n\n ``(a) Purpose.--The purpose of this section is to provide for a \nNational Electric System Public Benefits Fund, administered by the \nNational Electric System Public Benefits Board, to provide matching \nfunds to States for the support of eligible public purpose programs.\n ``(b) Definitions.--For purposes of this section:\n ``(1) The term `Board' means the National Electric System \n Public Benefits Board established under this section.\n ``(2) The term `eligible public purpose program' means a \n program that supports--\n ``(A) conservation and energy efficiency and \n renewable energy,\n ``(B) universal and affordable service, or\n ``(C) research and development that supports such \n purposes,\n and that is designated by the Board as eligible to receive \n funding under this section.\n ``(3) The term `matching funds' means an equal distribution \n of State funds and funds made available as provided in this \n section.\n ``(4) The `Secretary' means the Secretary of Energy.\n ``(5) The terms `State commission' and `transmitting \n utility' have the meanings provided for such terms by the \n Federal Power Act.\n ``(6) The term `renewable energy' means electricity \n generated from nontoxic organic waste, biomass, dedicated \n energy crops, landfill gas, geothermal, solar, tidal or wind \n resources, except that such term does not include electricity \n generated from the incineration of municipal solid waste.\n ``(7) The term `energy efficiency' means programs and \n measures designed to cost-effectively improve the efficiency of \n end-use electricity consumption, considering all costs of \n electricity generation, transmission, distribution, and \n consumption on a life-cycle basis. For purposes of this \n section, eligible energy efficiency programs and measures shall \n include efforts to transform markets in end-use equipment, to \n develop and implement codes and standards, to provide technical \n support and information to consumers, and to provide financing \n and financial support for the acquisition of efficient end use \n equipment.\n ``(9) A program that supports `universal and affordable \n service' is any program that promotes high quality and reliable \n electric service at just, reasonable, and affordable rates for \n low income consumers and those in rural, insular, or high cost \n areas.\n ``(c) National Electric System Public Benefits Board.--(1) A \nNational Electric System Public Benefits Board shall be established to \ncarry out the functions and responsibilities specified in this section.\n ``(2) The Board shall be composed of 3 persons who are officers or \nemployees of the United States, and 4 State commissioners nominated by \nthe national organization of the State commissions and appointed by the \nSecretary. The Secretary shall appoint one member of the Board to serve \nas Chairman.\n ``(3) Within 180 days after the enactment of this Act, the \nSecretary shall promulgate a final rule containing the rules and \nprocedures of the Board, including the rules and procedures for \nselecting a non-Federal fiscal agent under subsection (e). The \nSecretary shall have oversight responsibilities over the Board.\n ``(d) Contributions.--Each owner or operator of an electric power \ngeneration facility shall, as a condition of transmitting power to any \ntransmitting utility, contribute funds (based on the kilowatt hours \ntransmitted) in such amounts as shall be determined by the Board to be \nnecessary to generate revenues in each calendar year equal to \\1\/2\\ of \nthe aggregate cost of carrying out the eligible public purpose programs \nthat meet the criteria established by the Board under subsection (e) \nfor receipt of funding for that calendar year. Such contributions shall \nnot exceed 2 mills per kilowatt hour. Each transmitting utility \nreceiving electricity from a generator shall collect such contributions \nand transfer the contributions to the fiscal agent designated under \nsubsection (e) at the end of each month in which contributions are \nmade.\n ``(e) Public Benefits Program.--(1) Within 90 days after the \npromulgation of the Secretary's rules under subsection (c)(3), the \nBoard shall institute a proceeding to establish regulations governing \ncreation and administration of a Public Benefits Program. Such \nregulations shall include criteria for the eligibility of the State \npublic service programs for support under the Program. The Board shall \nenter into arrangements with a non-Federal fiscal agent who shall be \nauthorized to receive the contributions made under subsection (d) and \nto disburse such contributions as provided in subsection (f). The Board \nshall prepare a recommended decision for prompt review and approval by \nthe Secretary.\n ``(2) Any State may establish one or more public purpose programs \nand apply for matching funding for such program or programs under the \nPublic Benefits Program. A participating State may use matching funds \nreceived under this section only to support one or more eligible public \npurpose programs. The Board shall regularly audit the expenditures of \nmatching funds received by a participating State under this section.\n ``(3) At no time is a State required, pursuant to this section, to \nparticipate in the Public Benefits program, nor may a State be required \nby the Board to fund a particular eligible public purpose program.\n ``(f) National Electric System Public Benefits.--(1) The fiscal \nagent shall distribute contributions received by the fiscal agent under \nsubsection (d) to States (or entities designated by the States) under \nthis subsection in accordance with the criteria established by the \nBoard under subsection (e) to carry out eligible public purpose \nprograms established by the States. A State seeking matching funds to \ncarry out eligible public purpose programs shall apply for such funds \nno later than 3 months prior to the start of the calendar year. In its \napplication, the State must certify that the moneys will be used for \none or more eligible public purpose programs and must specify the \namount of State support which is projected for the coming calendar year \nfor the programs concerned.\n ``(2) Upon receipt of all State requests for matching funds \nsubmitted pursuant to paragraph (1) within the 3-month time period \nspecified in paragraph (1), the Board shall calculate the funds \nnecessary to match the level of projected States funds for eligible \npublic purpose programs for the coming calendar year.\n ``(3) Following the calculation of the amount of matching funds \nrequired under paragraph (2) for all States for any calendar year, the \nBoard shall communicate that amount to the fiscal agent. To the extent \nthe matching funds requested by all States for a calendar year exceed \nthe maximum projected revenues from the contributions under this \nsection, the matching funds distributed to each State shall be reduced \npro rata so that the percentage of State funds matched by funds \nprovided under this section is the same for all States.\n ``(4) The fiscal agent shall distribute matching funds to the \nStates (or to an entity or entities designated by the State to receive \npayments) in monthly payments to be used for eligible public purpose \nprograms designated under subsection (f). All funds received shall be \nused only for the eligible public purpose programs designated by the \nState.\n ``(g) Existing Programs.--It is the sense of the Congress that the \nprogram established under this section shall not replace or supersede \nany other existing programs that support or encourage conservation and \nenergy efficiency, renewable energy, universal and affordable service, \nor research and development.''.","summary":"Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.","title":"To amend the Public Utility Regulatory Policies Act of 1978 to establish a means to support programs for electric energy conservation and energy efficiency, renewable energy, and universal and affordable service for electric consumers.","text_len":8294,"sum_len":1261} {"bill_id":"112_hr2786","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Holocaust Survivors Assistance Act \nof 2011''.\n\n TITLE I--PURPOSES; FINDINGS; DEFINITIONS; GRANTS\n\nSEC. 101. PURPOSES.\n\n The purposes of this Act are--\n (1) to include ``older individuals who are Holocaust \n survivors'' to the list of groups that receive preference for \n services as defined in section 305(a)(2)(E) of the Older \n Americans Act of 1965,\n (2) to designate within the Administration on Aging an \n individual to have responsibility for older individuals who are \n Holocaust survivors, and\n (3) to create a grant program to increase and improve \n transportation services for older individuals with preference \n to those older individuals who are Holocaust survivors.\n\nSEC. 102. FINDINGS.\n\n The Congress finds the following:\n (1) During the Holocaust, which took place between 1933 and \n 1945, an estimated 6,000,000 Jews, as well as millions from \n other targeted groups, were murdered by the Nazis and their \n collaborators.\n (2) Approximately 127,000 Holocaust survivors remain in the \n United States, and thousands pass away each year.\n (3) Holocaust survivors are getting older and frailer, and \n will be seeking additional support and assistance from social \n service providers to enable them to age in place. Providers \n face increased levels of demand from vulnerable individuals \n without any additional revenue to cover needed services.\n (4) All Holocaust survivors are at least 65 years old with \n approximately three quarters of them older than 75 and a \n majority in their 80s and 90s.\n (5) More than half of all Holocaust survivors who emigrated \n to the United States from the former Soviet Union after 1965 \n fall beneath 200 percent of the Federal poverty threshold and \n constitute an extremely vulnerable at-risk population in the \n United States.\n (6) Holocaust survivors continue to live with the mental \n and physical scars of the unconscionable trauma caused by the \n Holocaust.\n (7) While institutionalized settings are beneficial for \n some older people, long-term care facilities can have an \n adverse effect on Holocaust survivors. For many Holocaust \n survivors, institutionalized settings reintroduce sights, \n sounds, smells, emotions and routines which can induce panic, \n anxiety, and re-traumatization as a result of experiences \n resulting from the Holocaust.\n (8) Approximately two-thirds of Holocaust survivors live \n alone and living alone is a risk factor for \n institutionalization.\n (9) Low income Holocaust survivors are more reliant on \n social service programs than most other older Americans, with \n proportionally more Holocaust survivors needing services such \n as personal care, home-delivered and congregate meals, \n transportation, counseling and mental health support.\n\nSEC. 103. DEFINITION.\n\n Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is \namended by adding at the end the following:\n ``(55) The term `Holocaust survivor' means an individual \n who--\n ``(A)(i) lived in a country between 1933 and 1945 \n under a Nazi regime, under Nazi occupation, or under \n the control of Nazi collaborators; or\n ``(ii) fled from a country between 1933 and 1945 \n under a Nazi regime; under Nazi occupation, or under \n the control of Nazi collaborators;\n ``(B) was persecuted between 1933 and 1945 on the \n basis of race, religion, physical or mental disability, \n sexual orientation, political affiliation, ethnicity, \n or other basis; and\n ``(C) was a member of a group that was persecuted \n by the Nazis.''.\n\nSEC. 104. ORGANIZATION.\n\n Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. \n3025(a)) is amended--\n (1) in paragraph (1)(E) by inserting ``older individuals \n who are Holocaust survivors,'' after ``proficiency,'' each \n place it appears, and\n (2) in paragraph (2)(E) by inserting ``older individuals \n who are Holocaust survivors,'' after ``proficiency,''.\n\nSEC. 105. AREA PLANS.\n\n Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) \nis amended--\n (1) in subsection (a)--\n (A) in paragraph (1) by inserting ``older \n individuals who are Holocaust survivors,'' after \n ``proficiency,'' each place it appears,\n (B) in paragraph (4)--\n (i) in subparagraph (A)--\n (I) in clause (i)(I)(bb) by \n inserting ``older individuals who are \n Holocaust survivors,'' after \n ``proficiency,'' and\n (II) in clause (ii) by inserting \n ``older individuals who are Holocaust \n survivors,'' after ``proficiency,'' \n each place it appears, and\n (ii) in subparagraph (B)--\n (I) in subclause (VII) by striking \n ``and'' at the end,\n (II) by redesignating subclause \n (VIII) as subclause (IX), and\n (III) by inserting after subclause \n (VIII) the following:\n ``(VIII) older individuals who are \n Holocaust survivors; and'', and\n (C) in paragraph (7)(B)(iii) by inserting ``, in \n particular, older individuals who are Holocaust \n survivors,'' after ``placement'', and\n (2) by inserting ``older individuals who are Holocaust \n survivors,'' after ``areas,''.\n\nSEC. 106. STATE PLANS.\n\n Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. \n3027(a)) is amended--\n (1) in paragraph (4) by inserting ``older individuals who \n are Holocaust survivors,'' after ``proficiency,'',\n (2) in paragraph (16)(A)--\n (A) in clause (v) by striking ``and'' at the end, \n and\n (B) by adding at the end the following:\n ``(vii) older individuals who are Holocaust \n survivors; and'', and\n (3) in paragraph (28)(A)(ii) by inserting ``older \n individuals who are Holocaust survivors,'' after \n ``proficiency,''.\n\nSEC. 107. CONSUMER CONTRIBUTIONS.\n\n Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) \nis amended--\n (1) in subsection (c)(2) by inserting ``older individuals \n who are Holocaust survivors,'' after ``proficiency,'' and\n (2) in subsection (d) by inserting ``older individuals who \n are Holocaust survivors,'' after ``proficiency,''.\n\nSEC. 108. PROGRAM AUTHORIZED.\n\n Section 372(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. \n3030s-2(c)(2)(A)) is amended by striking ``individuals)'' inserting \n``individuals and older individuals who are Holocaust survivors)''.\n\nSEC. 109. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.\n\n Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. \n3058i(b)(12)) is amended--\n (1) in subparagraph (B) by striking ``or'' at the end,\n (2) in subparagraph (C) by striking the period at the end \n and inserting ``or'', and\n (3) by adding at the end the following:\n ``(D) older individuals who are Holocaust \n survivors.''.\n\n TITLE II--FUNCTIONS OF ASSISTANT SECRETARY\n\nSEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING.\n\n Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3012) is \namended by adding at the end the following:\n ``(g)(1) The Assistant Secretary is authorized to designate within \nthe Administration a person to have responsibility for older \nindividuals who are Holocaust survivors.\n ``(h) It shall be the duty of the Assistant Secretary, acting \nthrough the person designated to have responsibility for older \nindividuals who are Holocaust survivors.''.\n\n TITLE III--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY\n\nSEC. 301. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS \n WHO ARE HOLOCAUST SURVIVORS.\n\n Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. \n3032 et seq.) is amended by adding at the end the following:\n\n``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS \n WHO ARE HOLOCAUST SURVIVORS.\n\n ``(a) In General.--The Assistant Secretary shall award grants or \ncontracts to nonprofit organizations to improve and increase \ntransportation services for older individuals, with preference toward \nthose older individuals who are Holocaust survivors. The Assistant \nSecretary shall make grants or enter into such contracts for period of \nnot less than 5 years.\n ``(b) Use of Funds.--\n ``(1) In general.--A nonprofit organization receiving a \n grant or contract under subsection (a) shall use the funds \n received through such grant or contract to carry out a \n demonstration project, or to provide technical assistance to \n assist local transit providers, area agencies on aging, senior \n centers, and local senior support groups, to encourage and \n facilitate coordination of Federal, State, and local \n transportation services and resources for older individuals who \n are Holocaust survivors. The organization may use the funds to \n develop and carry out an innovative transportation \n demonstration project to create transportation services for \n older individuals.\n ``(2) Specific activities.--In carrying out a demonstration \n project or providing technical assistance under paragraph (1) \n the organization may carry out activities that include--\n ``(A) developing innovative approaches for \n improving access by older individuals to transportation \n services, including volunteer driver programs, \n economically sustainable transportation programs, and \n programs that allow older individuals to transfer their \n automobiles to a provider of transportation services in \n exchange for the services;\n ``(B) preparing information on transportation \n options and resources for older individuals and \n organizations serving such individuals, and \n disseminating the information by establishing and \n operating a toll-free telephone number;\n ``(C) developing models and best practices for \n providing comprehensive integrated transportation \n services for older individuals, including services \n administered by the Secretary of Transportation, by \n providing ongoing technical assistance to agencies \n providing services under title III and by assisting in \n coordination of public and community transportation \n services; and\n ``(D) providing special services to link older \n individuals to transportation services not provided \n under title III.\n ``(c) Preference.--In awarding grants and entering into contracts \nunder paragraph (a), the Assistant Secretary shall give preference to \norganizations and institutions that have previous extensive experience \nworking with and conducting assessment of the needs of Holocaust \nsurvivors who are older individuals.\n ``(d) Consultation.--In determining the type of programs and \nactivities used to improve and increase transportation assistance for \nHolocaust survivors, the Assistant Secretary shall consult with the \nindividual designated by Section 201(h)(1) of the Act and with national \norganizations with special expertise in serving Holocaust survivors who \nare older individuals.\n ``(e) Eligible Entities.--To be eligible to receive a grant or \nenter into a contract under paragraph (a), an entity shall have \nprevious extensive experience working with and conducting assessment of \nthe needs of older individuals.\n ``(f) Report to Congress.--The Assistant Secretary with assistance \nfrom the individual designated by Section 201 (h)(1) of the Act, shall \nprepare and submit to the Speaker of the House of Representatives and \nthe President pro tempore of the Senate an annual report on the status \nand needs, including the priority areas of concern, of older \nindividuals who are Holocaust survivors.''.","summary":"Holocaust Survivors Assistance Act of 2011 - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors. (2) authorize the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to designate within the Administration of Aging an individual who is to have responsibility for such individuals. And (3) create a grant program to increase and improve transportation services for older Americans, with preference for Holocaust survivors.","title":"To amend the Older Americans Act of 1965 to provide social service agencies with the resources to provide services to meet the unique needs of Holocaust survivors to age in place with dignity, comfort, security, and quality of life.","text_len":13354,"sum_len":532} {"bill_id":"107_hr4781","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marine Mammal Protection Act \nAmendments of 2002''.\n\nSEC. 2. AMENDMENT REFERENCES.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to such section or other provision of the Marine Mammal \nProtection Act of 1972 (16 U.S.C. 1361 et seq.).\n\nSEC. 3. TECHNICAL CORRECTIONS.\n\n (a) Committee References.--The Marine Mammal Protection Act of 1972 \n(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant \nMarine and Fisheries'' each place it appears and inserting ``Committee \non Resources''.\n (b) Obsolete Reference to Replaced Section.--Section \n118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``, \nexcept that'' and all that follows through ``is valid''.\n\nSEC. 4. LIMITED AUTHORITY TO EXPORT NATIVE HANDICRAFTS.\n\n Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by \nredesignating subparagraph (B) as subparagraph (C), and by inserting \nafter subparagraph (A) the following:\n ``(B) A marine mammal product may be exported from the United \nStates if the product--\n ``(i) is legally possessed and exported as part of \n a cultural exchange, by an Indian, Aleut, or Eskimo \n residing in Alaska; or\n ``(ii) is owned by a Native inhabitant of Russia, \n Canada, or Greenland and is exported for noncommercial \n purposes--\n ``(I) in conjunction with, and upon the \n completion of, travel within the United States; \n or\n ``(II) as part of a cultural exchange with \n an Indian, Aleut, or Eskimo residing in \n Alaska.''.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is \namended to read as follows:\n ``(a) Department of Commerce.--(1) There are authorized to be \nappropriated to the Department of Commerce, for purposes of carrying \nout its functions and responsibilities under this title (other than \nsections 117 and 118) and title IV--\n ``(A) $16,615,000 for 2003;\n ``(B) $17,280,000 for 2004;\n ``(C) $17,971,000 for 2005;\n ``(D) $18,670,000 for 2006; and\n ``(E) $19,418,000 for 2007.\n ``(2) There are authorized to be appropriated to the Department of \nCommerce, for purposes of carrying out sections 117 and 118, \n$20,000,000 for each of the fiscal years 2003 through 2007.''.\n (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) \nis amended to read as follows:\n ``(b) Department of the Interior.--There are authorized to be \nappropriated to the Department of the Interior, for purposes of \ncarrying out its functions and responsibilities under this title--\n ``(1) $11,800,000 for 2003;\n ``(2) $12,300,000 for 2004;\n ``(3) $12,800,000 for 2005;\n ``(4) $13,300,000 for 2006; and\n ``(5) $13,800,000 for 2007.''.\n\nSEC. 6. TAKE REDUCTION PLANS.\n\n Section 118 (16 U.S.C. 1387) is amended--\n (1) in subsections (f)(4)(B) and (f)(5)(B), by inserting \n ``and recreational'' after ``commercial'';\n (2) in subsection (f)(6)(C) in the second sentence, by \n inserting before the period the following:\n ``, a representative of the office of General Counsel of the \n National Oceanic and Atmospheric Administration, a \n representative of the National Marine Fisheries Service having \n responsibilities related to fisheries science, a representative \n of the National Marine Fisheries Service having \n responsibilities related to law enforcement, and a \n representative of the appropriate National Marine Fisheries \n Service Regional Administrator'';\n (3) in subsection (f)(7)(B)(i) by adding at the end the \n following: ``Before publishing any plan that is different than \n the draft plan proposed by a take reduction team, the Secretary \n shall reconvene the team and explain to the team the \n differences between the published plan and the draft plan \n proposed by the team.''; and\n (4) in subsection (j) by inserting ``including observer, \n research, and education and outreach programs,'' after ``For \n purposes of carrying out this section,''.\n\nSEC. 7. PINNIPED RESEARCH.\n\n Section 120 (16 U.S.C. 1389) is amended by adding at the end the \nfollowing:\n ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary \nshall conduct research on the nonlethal removal and control of nuisance \npinnipeds. The research shall include a review of measures that have \nbeen taken to effect such removal and control, the effectiveness of \nthese measures, and the development of new technologies to deter \nnuisance pinnipeds.\n ``(2) The Secretary shall include, among the individuals that \ndevelop the research program under this subsection, representatives of \nthe commercial and recreational fishing industries.\n ``(3) The Secretary is encouraged, where appropriate, to use \nindependent marine mammal research institutions in developing and in \nconducting the research program.\n ``(4) The Secretary shall, by December 31 of each year, submit an \nannual report on the results of research under this subsection to the \nCommittee on Resources of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate.''.\n\nSEC. 8. MARINE MAMMAL COMMISSION.\n\n (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is \namended by striking ``; except that no fewer than 11 employees must be \nemployed under paragraph (1) at any time''.\n (b) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) \nis amended to read as follows:\n\n``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to the Marine Mammal \nCommission for purposes of carrying out this title--\n ``(1) $2,000,000 for fiscal year 2003;\n ``(2) $2,050,000 for fiscal year 2004;\n ``(3) $2,100,000 for fiscal year 2005;\n ``(4) $2,150,000 for fiscal year 2006; and\n ``(5) $2,200,000 for fiscal year 2007.''.\n\nSEC. 9. SCRIMSHAW EXEMPTION.\n\n Any valid certificate of exemption referred to in section 18 of \nPublic Law 103-238 (16 U.S.C. 1539 note) that was valid under that \nsection on April 29, 1999, shall be valid during the 8-year period \nbeginning October 31, 1999.\n\nSEC. 10. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.\n\n Section 5 of the Whaling Convention Act of 1949 (16 U.S.C. 916c) is \namended by adding at the end the following:\n ``(c) The prohibitions of this section shall not apply to use of a \nvessel to tow a whale taken in a traditional subsistence whale hunt \npermitted by Federal law and conducted in waters off the coast of \nAlaska, if such towing is performed upon a request for emergency \nassistance made by a subsistence whale hunting organization formally \nrecognized by an agency of the United States Government, or made by a \nmember of such an organization, to prevent the loss of a whale.''.\n\nSEC. 11. EXTENSION.\n\n Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is amended by \nstriking ``the date of the enactment of the Marine Mammal Protection \nAct Amendments of 1994'' and inserting ``February 18, 1997''.\n\nSEC. 12. POLAR BEAR PERMITS.\n\n Section 104 (16 U.S.C. 1374) is amended--\n (1) in subsection (d)(2) by inserting before the period at \n the end of the first sentence the following: ``, except for an \n application for a permit to import polar bear parts under \n subsection (c)(5)'';\n (2) in subsection (d)(5) by inserting before the period at \n the end of the last sentence the following: ``if a notice of \n application was published pursuant to paragraph (2) with \n respect to the permit''; and\n (3) in subsection (c)(5) by adding at the end the \n following:\n ``(E) The Secretary shall make available to the public on a \nsemiannual basis information concerning the permits issued or denied \nunder this paragraph.''.\n\nSEC. 13. CAPTIVE RELEASE PROHIBITION.\n\n Section 102(a) (16 U.S.C. 1372(a)) is amended--\n (1) in paragraph (4) by striking ``subsection 104(c); and'' \n and inserting ``section 104(c);'';\n (2) in paragraph (5) by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(6) for any person that is subject to the jurisdiction of \n the United States to release any captive marine mammal unless \n specifically authorized to do so under section 104(c)(3)(A), \n 104(c)(4)(A), or 109(h).''.\n\nSEC. 14. MARINE MAMMAL COMMISSION ADMINISTRATION.\n\n Section 206(4) (16 U.S.C. 1406(4)) is amended by striking ``(but at \nrates for individuals not to exceed $100 per diem)''.","summary":"Marine Mammal Protection Act Amendments of 2002 - Amends the Marine Mammal Protection Act of 1972 to grant limited permission for a marine mammal to be exported from the United States, including in cases where an Indian, Aleut or Eskimo residing in Alaska exports the animal as part of a cultural exchange. Requires reduction plans to track the number of animals from strategic stocks being incidentally lethally taken or seriously injured each year through recreational fishing , and to publish proposals for reducing such incidents within a stock under certain specified conditions. Requires research on the removal and control of nuisance pinnipeds, including on the development of new technologies to deter such creatures. Authorizes appropriations for the Marine Mammal Commission through FY 2007. Renews the Scrimshaw Exemption for the eight-year period beginning October 31, 1999. Permits emergency assistance to tow a whale captured in a legal traditional subsistence whale hunt off the coast of Alaska if a request for such assistance is made by a federally-recognized subsistence whale hunting organization or by a member of such an organization. Directs the Secretary of the Interior to issue a permit for importation of polar bear parts from bears taken in sport hunts in Canada before February 18, 1997 . Makes it unlawful for anyone under US jurisdiction to release any captive marine mammal unless authorized under specified provisions of the Code.","title":"To reauthorize the Marine Mammal Protection Act of 1972, and for other purposes.","text_len":9225,"sum_len":1463} {"bill_id":"104_hr3390","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``One Strike You're Out, Part II \nAct''.\n\nSEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES.\n\n (a) In General.--Section 8 of the United States Housing Act of 1937 \n(42 U.S.C. 1437f) is amended by inserting after subsection (k) the \nfollowing new subsection:\n ``(l) Denial of Assistance to Criminal Offenders.--In making \nassistance under this section available on behalf of eligible families, \na public housing agency may deny the provision of such assistance in \nthe same manner, for the same period, and subject to the same \nconditions that an owner of federally assisted housing may deny \noccupancy in such housing under section 642(b) of the Housing and \nCommunity Development Act of 1992.''.\n (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the \nUnited States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended \nto read as follows:\n ``(A) the selection of tenants for such units shall be \n function of the owner, subject to the provisions of the annual \n contributions contract between the Secretary and the public \n housing agency, except that in making such assistance available \n the public housing agency may limit the provision of assistance \n pursuant to subsection (l);''.\n\nSEC. 3. OCCUPANCY SCREENING.\n\n Section 642 of the Housing and Community Development Act of 1992 \n(42 U.S.C. 13602)--\n (1) by inserting ``(a) General Criteria.--'' before ``In''; \n and\n (2) by adding at the end the following new subsections:\n ``(b) Authority to Deny Occupancy for Criminal Offenders.--In \nselecting tenants for occupancy of dwelling units in federally assisted \nhousing, if the owner of such housing determines that an applicant for \noccupancy in the housing or any member of the applicant's household is \nor was, during the preceding 3 years, engaged in any activity described \nin paragraph (2)(C) of section 645, the owner may--\n ``(1) deny such applicant occupancy and consider the \n applicant (for purposes of any waiting list) as not having \n applied for such occupancy ; and\n ``(2) after the expiration of the 3-year period beginning \n upon such activity, require the applicant, as a condition of \n occupancy in the housing or application for occupancy in the \n housing, to submit to the owner evidence sufficient (as the \n Secretary shall by regulation provide) to ensure that the \n individual or individuals in the applicant's household who \n engaged in criminal activity for which denial was made under \n paragraph (1) have not engaged in any criminal activity during \n such 3-year period.\n ``(c) Authority to Require Access to Criminal Records.--An owner of \nfederally assisted housing may require, as a condition of providing \noccupancy in a dwelling unit in such housing to an applicant for \noccupancy and the members of the applicant's household, that each adult \nmember of the household provide the owner with a signed, written \nauthorization for the owner to obtain records described in section \n646(a) regarding such member of the household from the National Crime \nInformation Center, police departments, and other law enforcement \nagencies.''.\n\nSEC. 4. TERMINATION OF TENANCY.\n\n (a) Public Housing.--\n (1) Expedited grievance procedure.--Section 6(k) of the \n United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is \n amended in the first sentence of the matter following paragraph \n (6) by striking ``For'' and all that follows through ``off such \n premises'' and inserting the following: ``For any grievance \n concerning an eviction or termination of tenancy that involves \n any activity that is described in subsection (l)(5)''.\n (2) Leases.--Section 6(l) of the United States Housing Act \n of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs \n (4) and (5) and inserting the following new paragraphs:\n ``(4) require that the public housing agency may not \n terminate the tenancy except for violation of the terms and \n conditions of the lease, violation of applicable Federal, \n State, or local law, or other good cause;\n ``(5) provide that any activity, engaged in by the tenant, \n any member of the tenant's household, or any guest or other \n person under the tenant's control (regardless of whether the \n tenant had actual knowledge of such activity), that--\n ``(A) threatens the health or safety of, or right \n to peaceful enjoyment of the premises by, other tenants \n or employees of the public housing agency or other \n manager of the housing,\n ``(B) threatens the health or safety of, or right \n to peaceful enjoyment of their residences by, persons \n residing in the immediate vicinity of the premises, or\n ``(C) is criminal activity (including drug-related \n criminal activity) on or off the premises,\n shall be cause for termination of tenancy; and''.\n (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States \nHousing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking \nclauses (ii) and (iii) and inserting the following new clauses:\n ``(ii) the owner may not terminate the tenancy except for \n violation of the terms and conditions of the lease, violation \n of applicable Federal, State, or local law, or other good \n cause;\n ``(iii) any activity, engaged in by the tenant, any member \n of the tenant's household, or any guest or other person under \n the tenant's control (regardless of whether the tenant had \n actual knowledge of such activity), that--\n ``(I) threatens the health or safety of, or right \n to peaceful enjoyment of the premises by, other tenants \n or employees of the owner or other manager of the \n housing,\n ``(II) threatens the health or safety of, or right \n to peaceful enjoyment of their residences by, persons \n residing in the immediate vicinity of the premises, or\n ``(III) is criminal activity (including drug-\n related criminal activity) on or off the premises,\n shall be cause for termination of tenancy; and''.\n (c) Federally Assisted Housing.--Subtitle C of title VI of the \nHousing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) \nis amended--\n (1) by adding at the end the following new section:\n\n``SEC. 645. TERMINATION OF TENANCY.\n\n ``Each lease for a dwelling unit in federally assisted housing \nshall provide that--\n ``(1) the owner may not terminate the tenancy except for \n violation of the terms and conditions of the lease, violation \n of applicable Federal, State, or local law, or other good \n cause; and\n ``(2) any activity, engaged in by the tenant, any member of \n the tenant's household, or any guest or other person under the \n tenant's control (regardless of whether the tenant had actual \n knowledge of such activity), that--\n ``(A) threatens the health or safety of, or right \n to peaceful enjoyment of the premises by, other tenants \n or employees of the owner or other manager of the \n housing,\n ``(B) threatens the health or safety of, or right \n to peaceful enjoyment of their residences by, persons \n residing in the immediate vicinity of the premises, or\n ``(C) is criminal activity (including drug-related \n criminal activity) on or off the premises,\n shall be cause for termination of tenancy.''; and\n (2) in section 683 (42 U.S.C. 13641), by adding at the end \n the following new paragraph:\n ``(6) Drug-related criminal activity.--The term `drug-\n related criminal activity' means the illegal manufacture, sale, \n distribution, use, or possession with intent to manufacture, \n sell, distribute, or use, of a controlled substance (as defined \n in section 102 of the Controlled Substances Act).''.\n\nSEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND \n EVICTION.\n\n Subtitle C of title VI of the Housing and Community Development Act \nof 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645 \n(as added by section 5(c) of this Act) the following new section:\n\n``SEC. 646. AVAILABILITY OF RECORDS.\n\n ``(a) In General.--\n ``(1) Provision of information.--Notwithstanding any other \n provision of law other than paragraph (2), upon the request of \n an owner of federally assisted housing, the National Crime \n Information Center, a police department, and any other law \n enforcement agency shall provide to the owner of federally \n assisted housing information regarding the criminal conviction \n records of an adult applicant for, or tenants of, the federally \n assisted housing for purposes of applicant screening, lease \n enforcement, and eviction, but only if such Center, department, \n or agency is presented with a written authorization, signed by \n such applicant, for the release of such information to such \n owner.\n ``(2) Exception.--A law enforcement agency described in \n paragraph (1) shall provide information under this paragraph \n relating to any criminal conviction of a juvenile only to the \n extent that the release of such information is authorized under \n the law of the applicable State, tribe, or locality.\n ``(b) Opportunity to Dispute.--Before an adverse action is taken \nwith regard to assistance for federally assisted housing on the basis \nof a criminal record, the public housing agency or owner, as \napplicable, shall provide the tenant or applicant with a copy of the \ncriminal record and an opportunity to dispute the accuracy and \nrelevance of that record.\n ``(c) Fee.--A public housing agency or owner of federally assisted \nhousing may be charged a reasonable fee for information provided under \nsubsection (a).\n ``(d) Records Management.--Each public housing agency and owner of \nfederally assisted housing that receives criminal record information \nunder this section shall establish and implement a system of records \nmanagement that ensures that any criminal record received by the agency \nor owner is--\n ``(1) maintained confidentially;\n ``(2) not misused or improperly disseminated; and\n ``(3) destroyed, once the purpose for which the record was \n requested has been accomplished.\n ``(e) Definition.--For purposes of this section, the term `adult' \nmeans a person who is 18 years of age or older, or who has been \nconvicted of a crime as an adult under any Federal, State, or tribal \nlaw.''.","summary":"One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.","title":"One Strike You're Out, Part II Act","text_len":11277,"sum_len":640} {"bill_id":"104_hr3222","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hippocratic Oath and Patient \nProtection Act of 1996''.\n\nSEC. 2. DUTIES OF A HEALTH CARRIER.\n\n Under a contract or agreement with a health care provider or \nenrollee, a health carrier--\n (1) shall not--\n (A) prevent or limit a health care provider's \n protected communication to a patient or the public as \n described in section 3;\n (B) operate an improper incentive plan as described \n in section 4; or\n (C) include indemnification clauses as described in \n section 5; and\n (2) shall disclose (in plain English understandable by a \n layperson) to a health care provider and to an enrollee--\n (A) a list of all services and benefits offered \n under the health plan, including any service or benefit \n maximum, limitation, or exclusion;\n (B) the procedures used in authorizing, approving, \n limiting, or denying services or benefits under the \n health plan; and\n (C) any health care provider incentive plan as \n described in section 4(b) that exists under the \n contract or agreement.\n\nSEC. 3. PROTECTED COMMUNICATION.\n\n (a) In General.--Except as limited in subsection (b), for purposes \nof section 2(1)(A) a protected communication is a communication of \ninformation relevant to the care or course of treatment of a patient.\n (b) Limitations.--Such a protected communication does not include--\n (1) a trade secret; or\n (2) a knowing misrepresentation by a health care provider.\n\nSEC. 4. IMPROPER HEALTH CARE PROVIDER INCENTIVE PLAN.\n\n (a) In General.--For purposes of section 2(1)(B), a health care \nprovider incentive plan is improper, unless such plan meets the \nrequirements of section 1876(i)(8)(A) of the Social Security Act (42 \nU.S.C. 1395mm(i)(8)(A)) for physician incentive plans in contracts with \neligible organizations under section 1876 of such Act.\n (b) Incentive Plan Defined.--The term ``health care provider \nincentive plan'' means any compensation or other financial arrangement \nbetween a health carrier and a health care provider that may directly \nor indirectly have the effect of limiting services provided with \nrespect to an enrollee.\n\nSEC. 5. PROHIBITED INDEMNIFICATION CLAUSES.\n\n For purposes of section 2(1)(C), a prohibited indemnification \nclause is any provision to indemnify a health carrier against liability \nfrom a civil action brought by, or on behalf of, an enrollee or a \nhealth care provider for any damage caused to the enrollee or the \nhealth care provider by the health carrier.\n\nSEC. 6. ENFORCEMENT.\n\n (a) In General.--The Secretary of Health and Human Services may \nimpose upon a health carrier who violates a provision of this Act a \ncivil money penalty of--\n (1) up to $25,000 for each violation, or\n (2) up to $100,000 for each violation if the Secretary \n determines that the health carrier has engaged, within the 5 \n years immediately preceding such violation, in a pattern of \n such violations.\n (b) Procedures.--Subsections (c) through (l) of section 1128A of \nthe Social Security Act (42 U.S.C. 1320a-7a) apply to a civil penalty \nunder this paragraph in the same manner as they apply to a civil \npenalty under section 1128A(a) of such Act.\n\nSEC. 7. PRIVATE CAUSE OF ACTION.\n\n Whoever is aggrieved by a violation of this Act may in a civil \naction obtain appropriate relief.\n\nSEC. 8. REPORT TO CONGRESS.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nsubmit a report to Congress that evaluates--\n (1) the impact of this Act on health carriers, health care \n providers, and enrollees; and\n (2) the enforcement of this Act by the Secretary.\n (b) Recommendations.--The Secretary shall include in the report \nrequired under subsection (a) recommendations for such changes as may \nbe needed to ensure compliance by health carriers with this Act.\n\nSEC. 9. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``health plan'' means any public or private \n entity or program that provides for payments for health care, \n including--\n (A) a group health plan (as defined in section 607 \n of the Employee Retirement Income Security Act of 1974) \n or a multiple employer welfare arrangement (as defined \n in section 3(40) of such Act) that provides health \n benefits;\n (B) any other health insurance arrangement, \n including any arrangement consisting of a hospital or \n medical expense incurred policy or certificate, \n hospital or medical service plan contract, or health \n maintenance organization subscriber contract;\n (C) workers' compensation or similar insurance to \n the extent that it relates to workers' compensation \n medical benefits (as defined by the Federal Trade \n Commission); and\n (D) automobile medical insurance to the extent that \n it relates to medical benefits (as defined by the \n Federal Trade Commission);\n (2) the term ``health care provider'' means a person who \n contracts with a health carrier to provide health care services \n to enrollees;\n (3) the term ``health carrier'' means a person who \n contracts or offers to contract on a risk-assuming basis--\n (A) to provide, deliver, or arrange for health care \n services; or\n (B) to pay for or reimburse any of the cost of \n health care services; and\n (4) the term ``enrollee'' means a person enrolled under a \n health plan.\n\nSEC. 10. EFFECTIVE DATES.\n\n (a) Subsections 2(1) (A) and (C) shall take effect on the date of \nthe enactment of this Act, and apply to contracts or agreements entered \ninto or renewed before, on, or after the date of the enactment of this \nAct.\n (b) Subsections 2(1)(B) and 2(2) shall take effect 90 days after \nthe date of the enactment of this Act, and apply to contracts or \nagreements entered into or renewed before, on, or after the date of the \nenactment of this Act.","summary":"Hippocratic Oath and Patient Protection Act of 1996 - Prohibits health carriers, in contracts with providers or enrollees, from: (1) preventing or limiting provider communications to a patient or the public. (2) operating an incentive plan that does not meet requirements of specified provisions of title XVIII (Medicare) of the Social Security Act. Or (3) including a provision to indemnify a carrier against liability from an action brought by or for an enrollee or provider for damage caused to the enrollee or provider by the carrier. Requires carriers to disclose in plain English: (1) a list of all services and benefits offered, (2) procedures used by the plan. And (3) any existing incentive plan. Mandates a civil monetary penalty and authorizes a private cause of action for violations.","title":"Hippocratic Oath and Patient Protection Act of 1996","text_len":6621,"sum_len":796} {"bill_id":"114_hr5686","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pink Tax Repeal Act''.\n\nSEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND \n SERVICES.\n\n (a) Prohibited Practices.--\n (1) Consumer products.--It shall be unlawful for any person \n to sell or offer for sale in interstate commerce any two \n consumer products from the same manufacturer that are \n substantially similar if such products are priced differently \n based on the gender of the individuals for whose use the \n products are intended or marketed.\n (2) Services.--It shall be unlawful for any person to sell \n or offer for sale any services that are substantially similar \n if such services are priced differently based on the gender of \n the individuals for which the services are performed, offered, \n or marketed.\n (b) Unfair and Deceptive Act or Practice.--A violation of \nsubsection (a) shall be treated as a violation of a rule prescribed \nunder section 18(a)(1)(B) of the Federal Trade Commission Act (15 \nU.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in \nor affecting interstate commerce.\n (c) Enforcement.--\n (1) Federal trade commission.--The Federal Trade Commission \n shall enforce this section in the same manner, by the same \n means, and with the same jurisdiction as though all applicable \n terms and provisions of the Federal Trade Commission Act were \n incorporated into and made a part of this Act.\n (2) State attorneys general.--\n (A) Civil action.--In any case in which the \n attorney general of a State has reason to believe that \n an interest of the residents of that State has been or \n is adversely affected by a violation of subsection (a), \n the attorney general may, as parens patriae, bring a \n civil action on behalf of the residents of the State in \n an appropriate district court of the United States--\n (i) to enjoin further violation of this Act \n by the defendant;\n (ii) to compel compliance with this Act; or\n (iii) obtain damages, restitution, or other \n compensation on behalf of residents of the \n State.\n (B) Notice to the ftc.--\n (i) Notice.--Except as provided in clause \n (iii), the attorney general of a State shall \n notify the Commission in writing of any civil \n action under paragraph (2), prior to initiating \n such civil action.\n (ii) Contents.--The notice required by \n clause (i) shall include a copy of the \n complaint to be filed to initiate such civil \n action.\n (iii) Exception.--If it is not feasible for \n the attorney general of a State to provide the \n notice required by clause (i), the State shall \n provide notice immediately upon instituting a \n civil action under subparagraph (A).\n (C) Intervention by the ftc.--Upon receiving notice \n required by subparagraph (B) with respect to a civil \n action, the Commission may--\n (i) intervene in such action; and\n (ii) upon intervening, be heard on all \n matters arising in such civil action and file \n petitions for appeal of a decision in such \n action.\n (D) Preemptive action by the ftc.--If the \n Commission institutes a civil action for violation of \n this Act, no attorney general of a State may bring a \n civil action under this paragraph against any defendant \n named in the complaint of the Commission for violation \n of this Act that is alleged in such complaint.\n (d) Rules of Construction.--\n (1) Substantially similar products.--For purposes of this \n Act, two consumer products are substantially similar if there \n are no substantial differences in the materials used in the \n product, the intended uses of the product, and the functional \n design and features of the product. A difference in coloring \n among any consumer products shall not be construed as a \n substantial difference for purposes of this paragraph.\n (2) Substantially similar services.--For purposes of this \n Act, two services are substantially similar if there is no \n substantial difference in the amount of time to provide the \n services, the difficulty in providing the services, or the cost \n of providing the services.\n (e) Definition of Consumer Product.--The term ``consumer product'' \nhas the meaning given such term in section 3 of the Consumer Product \nSafety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such \nterms are defined in section 201 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 321). Such term includes a child restraint \nsystem, as such term is defined in section 571.213 of title 49, Code of \nFederal Regulations.","summary":"Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered. A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations.","title":"Pink Tax Repeal Act","text_len":5592,"sum_len":624} {"bill_id":"113_hr5806","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Supporting America's Charities \nAct''.\n\nSEC. 2. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED \n AND MADE PERMANENT.\n\n (a) Made Permanent.--\n (1) Individuals.--Section 170(b)(1)(E) of the Internal \n Revenue Code of 1986 is amended by striking clause (vi).\n (2) Corporations.--Section 170(b)(2)(B) of such Code is \n amended by striking clause (iii).\n (b) Contributions of Capital Gain Real Property Made for \nConservation Purposes by Native Corporations.--\n (1) In general.--Section 170(b)(2) of such Code is amended \n by redesignating subparagraph (C) as subparagraph (D), and by \n inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) Qualified conservation contributions by \n certain native corporations.--\n ``(i) In general.--Any qualified \n conservation contribution (as defined in \n subsection (h)(1)) which--\n ``(I) is made by a Native \n Corporation, and\n ``(II) is a contribution of \n property which was land conveyed under \n the Alaska Native Claims Settlement \n Act,\n shall be allowed to the extent that the \n aggregate amount of such contributions does not \n exceed the excess of the taxpayer's taxable \n income over the amount of charitable \n contributions allowable under subparagraph (A).\n ``(ii) Carryover.--If the aggregate amount \n of contributions described in clause (i) \n exceeds the limitation of clause (i), such \n excess shall be treated (in a manner consistent \n with the rules of subsection (d)(2)) as a \n charitable contribution to which clause (i) \n applies in each of the 15 succeeding years in \n order of time.\n ``(iii) Native corporation.--For purposes \n of this subparagraph, the term `Native \n Corporation' has the meaning given such term by \n section 3(m) of the Alaska Native Claims \n Settlement Act.''.\n (2) Conforming amendment.--Section 170(b)(2)(A) of such \n Code is amended by striking ``subparagraph (B) applies'' and \n inserting ``subparagraph (B) or (C) applies''.\n (3) Valid existing rights preserved.--Nothing in this \n subsection (or any amendment made by this subsection) shall be \n construed to modify the existing property rights validly \n conveyed to Native Corporations (within the meaning of section \n 3(m) of the Alaska Native Claims Settlement Act) under such \n Act.\n (c) Effective Date.--The amendments made by this section shall \napply to contributions made in taxable years beginning after December \n31, 2013.\n\nSEC. 3. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR \n CONTRIBUTIONS OF FOOD INVENTORY.\n\n (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal \nRevenue Code of 1986 is amended by striking clause (iv).\n (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as \namended by subsection (a), is amended by striking clause (ii), by \nredesignating clause (iii) as clause (iv), and by inserting after \nclause (i) the following new clauses:\n ``(ii) Limitation.--The aggregate amount of \n such contributions for any taxable year which \n may be taken into account under this section \n shall not exceed--\n ``(I) in the case of any taxpayer \n other than a C corporation, 15 percent \n of the taxpayer's aggregate net income \n for such taxable year from all trades \n or businesses from which such \n contributions were made for such year, \n computed without regard to this \n section, and\n ``(II) in the case of a C \n corporation, 15 percent of taxable \n income (as defined in subsection \n (b)(2)(D)).\n ``(iii) Rules related to limitation.--\n ``(I) Carryover.--If such aggregate \n amount exceeds the limitation imposed \n under clause (ii), such excess shall be \n treated (in a manner consistent with \n the rules of subsection (d)) as a \n charitable contribution described in \n clause (i) in each of the 5 succeeding \n years in order of time.\n ``(II) Coordination with overall \n corporate limitation.--In the case of \n any charitable contribution allowable \n under clause (ii)(II), subsection \n (b)(2)(A) shall not apply to such \n contribution, but the limitation \n imposed by such subsection shall be \n reduced (but not below zero) by the \n aggregate amount of such contributions. \n For purposes of subsection (b)(2)(B), \n such contributions shall be treated as \n allowable under subsection \n (b)(2)(A).''.\n (c) Determination of Basis for Certain Taxpayers.--Section \n170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is \namended by adding at the end the following new clause:\n ``(v) Determination of basis for certain \n taxpayers.--If a taxpayer--\n ``(I) does not account for \n inventories under section 471, and\n ``(II) is not required to \n capitalize indirect costs under section \n 263A,\n the taxpayer may elect, solely for purposes of \n subparagraph (B), to treat the basis of any \n apparently wholesome food as being equal to 25 \n percent of the fair market value of such \n food.''.\n (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of \nsuch Code, as amended by subsections (a), (b), and (c), is amended by \nadding at the end the following new clause:\n ``(vi) Determination of fair market \n value.--In the case of any such contribution of \n apparently wholesome food which cannot or will \n not be sold solely by reason of internal \n standards of the taxpayer, lack of market, or \n similar circumstances, or by reason of being \n produced by the taxpayer exclusively for the \n purposes of transferring the food to an \n organization described in subparagraph (A), the \n fair market value of such contribution shall be \n determined--\n ``(I) without regard to such \n internal standards, such lack of \n market, such circumstances, or such \n exclusive purpose, and\n ``(II) by taking into account the \n price at which the same or \n substantially the same food items (as \n to both type and quality) are sold by \n the taxpayer at the time of the \n contribution (or, if not so sold at \n such time, in the recent past).''.\n (e) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n contributions made after December 31, 2013, in taxable years \n ending after such date.\n (2) Limitation; applicability to c corporations.--The \n amendments made by subsection (b) shall apply to contributions \n made in taxable years beginning after December 31, 2013.\n\nSEC. 4. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL \n RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE \n PERMANENT.\n\n (a) In General.--Section 408(d)(8) of the Internal Revenue Code of \n1986 is amended by striking subparagraph (F).\n (b) Effective Date.--The amendment made by this section shall apply \nto distributions made in taxable years beginning after December 31, \n2013.\n\nSEC. 5. BUDGETARY EFFECTS.\n\n (a) Paygo Scorecard.--The budgetary effects of this Act shall not \nbe entered on either PAYGO scorecard maintained pursuant to section \n4(d) of the Statutory Pay-As-You-Go Act of 2010.\n (b) Senate Paygo Scorecard.--The budgetary effects of this Act \nshall not be entered on any PAYGO scorecard maintained for purposes of \nsection 201 of S. Con. Res. 21 (110th Congress).","summary":"Supporting America's Charities Act - Amends the Internal Revenue Code to make permanent: (1) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes, and (2) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes. Allows a tax deduction for charitable contributions for conservation purposesnbsp. Of property conveyed under the Alaska Native Claims Settlement Act by an Alaska Native Corporation. Modifies the tax deduction for charitiable contributions of food inventory to: (1) increase the amount of deductible food inventory contributions that taxpayers other than C corporations may make in any taxable year from 10 to 15 of their aggregate net income and to limit such amount for a C corporation to 15 of its taxable income. (2) permit a taxpayer who is not required to account for inventories or capitalize indirect costs to elect, solely for purposes of computing the amount of such deduction, to treat the basis of any apparently wholesome food as equal to 25 of the fair market value of such food and to set forth a formula for determining the fair market value of such food, and (3) make such deduction, as modified, permanent.","title":"Supporting America's Charities Act","text_len":10227,"sum_len":1249} {"bill_id":"111_hr681","text":"[Congressional Bills 111th Congress]\n[From the U.S. Government Publishing Office]\n[H.R. 681 Introduced in House (IH)]\n\n111th CONGRESS\n 1st Session\n H. R. 681\n\n To amend the Digital Television Transition and Public Safety Act of \n 2005 and the Communications Act of 1934 to establish a new digital \ntelevision transition date, to improve the digital-to-analog converter \n box program, and for other purposes.\n\n\n_______________________________________________________________________\n\n\n IN THE HOUSE OF REPRESENTATIVES\n\n January 26, 2009\n\nMr. Waxman (for himself, Ms. Baldwin, Mr. Butterfield, Mrs. Capps, Mrs. \n Christensen, Mr. Doyle, Ms. Eshoo, Mr. Gonzalez, Mr. Gordon of \n Tennessee, Mr. Gene Green of Texas, Mr. Hill, Mr. Markey of \n Massachusetts, Mr. Rush, Ms. Schakowsky, Mr. McNerney, Ms. Castor of \n Florida, Mr. Pallone, Mr. Sarbanes, Mr. Matheson, Mr. Grayson, Mr. \n Rangel, and Mr. Pierluisi) introduced the following bill; which was \n referred to the Committee on Energy and Commerce\n\n_______________________________________________________________________\n\n A BILL\n\n\n \n To amend the Digital Television Transition and Public Safety Act of \n 2005 and the Communications Act of 1934 to establish a new digital \ntelevision transition date, to improve the digital-to-analog converter \n box program, and for other purposes.\n\nSECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Digital Television Transition \nExtension Act of 2009''.\n\nSEC. 2. EXTENSION OF DTV TRANSITION DEADLINE.\n\n (a) Amendments to Communications Act of 1934.--\n (1) Section 309.--Section 309(j)(14)(A) of the \n Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended \n by striking ``February 17, 2009'' and inserting ``June 12, \n 2009''.\n (2) Section 337.--Section 337(e)(1) of the Communications \n Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking \n ``February 17, 2009'' and inserting ``June 12, 2009''.\n (b) Amendments to Digital Television Transition and Public Safety \nAct of 2005.--\n (1) Section 3002.--Section 3002(b) of the Digital \n Television Transition and Public Safety Act of 2005 is amended \n by striking ``February 18'' each place it appears and inserting \n ``June 13''.\n (2) Section 3005.--Section 3005(c)(1) of such Act is \n amended by striking ``March 31, 2009'' and inserting ``July 31, \n 2009''.\n (3) Section 3008.--Section 3008(a)(1) of such Act is \n amended by striking ``February 17, 2009'' and inserting ``June \n 12, 2009''.\n (c) License Terms.--\n (1) Extension.--The Federal Communications Commission shall \n extend the terms of the licenses for the recovered spectrum, \n including the license period and construction requirements \n associated with those licenses, for a 116-day period.\n (2) Definition.--For purposes of this subsection, the term \n ``recovered spectrum'' means--\n (A) the recovered analog spectrum, as such term is \n defined in section 309(j)(15)(C)(vi) of the \n Communications Act of 1934; and\n (B) the spectrum excluded from the definition of \n recovered analog spectrum by subclauses (I) and (II) of \n such section.\n\nSEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.\n\n (a) Treatment of Expired Coupons.--\n (1) In general.--Section 3005(c)(1) of the Digital \n Television Transition and Public Safety Act of 2005 is amended \n by adding at the end the following new subparagraph:\n ``(D) Expired coupons.--The Assistant Secretary \n shall issue to a household, upon request by the \n household, one replacement coupon for each coupon that \n was issued to such household and that expired without \n being redeemed.''.\n (2) Conforming amendment.--Section 3005(c)(1)(A) of the \n Digital Television Transition and Public Safety Act of 2005 is \n amended by striking ``receives'' and inserting ``redeems''.\n (b) Expediting Delivery.--\n (1) First class mail.--Within 7 days after the date of \n enactment of this Act, the Assistant Secretary for \n Communications and Information of the Department of Commerce \n shall expedite the distribution of coupons issued under section \n 3005 of the Digital Television Transition and Public Safety Act \n of 2005 by directing that, if coupons are delivered via the \n United States Postal Service, such coupons shall be delivered \n via pre-sorted first class mail service.\n (2) Conforming amendment.--Section 3005(c)(1)(A) of the \n Digital Television Transition and Public Safety Act of 2005 is \n further amended by striking ``, via the United States Postal \n Service,''.\n (c) Condition of Modifications.--The amendments made by this \nsection shall not take effect until the enactment of new budget \nauthority to carry out the analog-to-digital converter box program \nunder section 3005 of the Digital Television Transition and Public \nSafety Act of 2005.\n\nSEC. 4. IMPLEMENTATION.\n\n (a) Permissive Early Termination Under Existing Requirements.--\nNothing in this Act is intended to prevent a licensee of a television \nbroadcast station from terminating the broadcasting of such station's \nanalog television signal (and continuing to broadcast exclusively in \nthe digital television service) prior to the date established by law \nunder section 3002(b) of the Digital Television Transition and Public \nSafety Act of 2005 for termination of all licenses for full-power \ntelevision stations in the analog television service (as amended by \nsection 2 of this Act) so long as such prior termination is conducted \nin accordance with the Federal Communications Commission's requirements \nin effect on the date of enactment of this Act, including the flexible \nprocedures established in the Matter of Third Periodic Review of the \nCommission's Rules and Policies Affecting the Conversion to Digital \nTelevision (FCC 07-228, MB Docket No. 07-91, released December 31, \n2007).\n (b) Public Safety Radio Services.--\n (1) Use on cleared spectrum.--Notwithstanding the \n amendments made by section 2, if--\n (A) a television broadcast station ceases the \n broadcasting of such station's analog television \n service under subsection (a) of this section prior to \n June 12, 2009, and\n (B) as a consequence of such cessation, spectrum \n between frequencies 768 and 776 megahertz, inclusive, \n and 798 and 806 megahertz, inclusive, becomes available \n for non-television broadcast use prior to June 12, \n 2009,\n the Federal Communications Commission shall permit the use of \n such spectrum for authorized public safety radio services if \n the Commission determines that such use is in the public \n interest and does not cause harmful interference to full-power \n television stations in the analog or digital television \n service.\n (2) Expedited procedures.--The Federal Communications \n Commission is authorized to use expedited procedures, and to \n waive such rules as may be necessary, to make a determination \n on an application made under paragraph (1) to begin such use of \n such spectrum by a public safety agency (as such term is \n defined in section 3006(d)(1) of the Digital Television \n Transition and Public Safety Act of 2005) in not less than 2 \n weeks after the date of submission of such application.\n (c) Expedited Rulemaking.--Notwithstanding any other provision of \nlaw, the Federal Communications Commission and the National \nTelecommunications and Information Administration shall, not later than \n30 days after the date of enactment of this Act, each adopt or revise \nits rules, regulations, or orders or take such other actions as may be \nnecessary or appropriate to implement the provisions, and carry out the \npurposes, of this Act and the amendments made by this Act.\n\nSEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.\n\n Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. \n309(j)(11)) is amended by striking ``2011'' and inserting ``2012''.\n\nSEC. 6. REPORTS.\n\n (a) Monthly Reporting Requirement.--Beginning one month after \nenactment of this Act and ending on October 31, 2009, the Assistant \nSecretary shall transmit to the Committee on Energy and Commerce of the \nHouse of Representatives and the Committee on Commerce, Science, and \nTransportation of the Senate a monthly report detailing--\n (1) the number of unredeemed and unexpired coupons still \n held by consumers;\n (2) the number of replacement coupons the National \n Telecommunications and Information Administration has issued \n for expired coupons pursuant to section 3005(c)(1) of the \n Digital Television Transition and Public Safety Act of 2005, as \n amended by section 3(a) of this Act, during the 30 days prior \n to the monthly reporting date required by this subsection;\n (3) the approximate number of analog-to-digital converter \n boxes available for purchase by consumers;\n (4) the number of new and replacement coupons issued by the \n National Telecommunications and Information Administration via \n postal mail and other delivery methods, including electronic \n mail; and\n (5) the remaining amount of funds available to the National \n Telecommunications and Information Administration to carry out \n section 3005 of the Digital Television Transition and Public \n Safety Act of 2005, as amended by this Act and any other Act.\n (b) Report About Rural Areas.--\n (1) In general.--Not later than December 30, 2009, the \n Federal Communications Commission shall transmit to the \n Committee on Energy and Commerce of the House of \n Representatives and the Committee on Commerce, Science, and \n Transportation of the Senate a report about the effect of the \n digital television transition on consumers in rural areas in \n the United States.\n (2) Specific requirements.--The report required under \n paragraph (1) shall include information on the following:\n (A) Whether rural areas experienced \n disproportionately more service disruptions than urban \n and suburban areas.\n (B) Whether gaps in over-the-air broadcast coverage \n exist for rural consumers due to the shorter range for \n digital signals, as compared to analog signals.\n (C) Recommendations for rectifying significant \n problems that have arisen in rural areas in the United \n States as a result of the digital television \n transition.","summary":"Digital Television Transition Extension Act of 2009 - Amends the Communications Act of 1934 and the Digital Television Transition and Public Safety Act of 2005 to extend for approximately four months the deadlines related to the transition from analog to digital television broadcasting. Requires the Federal Communications Commission (FCC) to extend for 116 days the terms of the licenses for recovered spectrum. Requires, on request, the reissue of any household digital-to-analog converter box coupons that expired without being redeemed. Requires expediting the delivery of household digital-to-analog converter box coupons by sending them via presorted first class mail. Allows a station to terminate analog broadcasting before the date established by law for termination of all full power analog station licenses. Requires the FCC to permit public safety entities to use spectrum thus relinquished if the FCC determines that such use does not cause harmful interference to full-power television stations in the analog or digital service. Extends until September 30, 2012 the FCC's spectrum auction authority.","title":"To amend the Digital Television Transition and Public Safety Act of 2005 and the Communications Act of 1934 to establish a new digital television transition date, to improve the digital-to-analog converter box program, and for other purposes.","text_len":11418,"sum_len":1114} {"bill_id":"111_hr6460","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency and Security in \nMortgage Registration Act of 2010''.\n\nSEC. 2. PROHIBITION ON GUARANTEEING MERS MORTGAGES.\n\n (a) Fannie Mae and Freddie Mac.--\n (1) Fannie mae.--Section 302(b) of the National Housing Act \n (12 U.S.C. 1717(b)) is amended by adding at the end the \n following new paragraph:\n ``(6)(A) After the date of the enactment of the Transparency and \nSecurity in Mortgage Registration Act of 2010, the corporation may not \npurchase, acquire, newly lend on the security of, newly invest in \nsecurities consisting of, or otherwise newly deal in any MERS mortgage \nor mortgages.\n ``(B) After the expiration of the period under subparagraph (C), \nMERS shall not be the named mortgagee or mortgagee of record on any \nmortgage owned, guaranteed, or securitized by the corporation. Not \nlater than the expiration of such period, the corporation shall require \nthat all mortgage loans owned, guaranteed, or securitized at such time \nby the corporation and on which MERS is the named mortgagee or \nmortgagee of record shall be assigned to the servicer, holder, or \ncreditor, as defined by the guidelines of the corporation. The \ncorporation shall not reimburse the servicer, holder, or creditor for \nany expense incurred in the carrying out or recording such an \nassignment.\n ``(C)(i) Except as provided in clause (ii), the period under this \nsubparagraph is the 6-month period beginning on the date of the \nenactment of the Transparency and Security in Mortgage Registration Act \nof 2010.\n ``(ii) In the case of any mortgage owned, guaranteed, or \nsecuritized by the corporation for which the servicer, holder, or \ncreditor has demonstrated to the corporation, in accordance with \nstandards established by the Director of the Federal Housing Finance \nAgency, that compliance with subparagraph (B) by the expiration of such \n6-month period will cause a severe threat to the continued financial \nviability of such entity, the period under this subparagraph shall be \nthe period that begins on such date of enactment and has such duration \nas determined by the corporation, in accordance with standards \nestablished by the Director, but in no case has a duration longer than \n12 months.\n ``(D) Not later than the expiration of the 6-month period referred \nto in subparagraph (C)(i), the corporation shall submit a report \ndetailing its compliance with subparagraph (B) to the Congress, the \nDirector of the Federal Housing Finance Agency, the Financial Stability \nOversight Council, and the Director of the Bureau of Consumer Financial \nProtection of the Federal Reserve System, which shall describe any \nextensions of the period for compliance with subparagraph (B) granted \npursuant to subparagraph (C).\n ``(E) For purposes of this paragraph, the following definitions \nshall apply:\n ``(i) The term `MERS' means the Mortgage Electronic \n Registration Systems, Inc., or any successor entity of such \n corporation.\n ``(ii) The term `MERS mortgage' means any mortgage--\n ``(I) for which the MERS is, or was at any time, \n the original or nominal mortgagee or mortgagee of \n record under the mortgage;\n ``(II) that is, or was at any time, assigned to or \n recorded in the MERS; or\n ``(III) for which the MERS is, or was at any time, \n acting as nominee in the county land records for the \n lender or servicer of the mortgage.''.\n (2) Freddie mac.--Section 305(a) of the Federal Home Loan \n Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by \n adding at the end the following new paragraph:\n ``(6)(A) After the date of the enactment of the Transparency and \nSecurity in Mortgage Registration Act of 2010, the Corporation may not \npurchase, acquire, newly lend on the security of, newly invest in \nsecurities consisting of, or otherwise newly deal in any MERS mortgage \nor mortgages.\n ``(B) After the expiration of the period under subparagraph (C), \nMERS shall not be the named mortgagee or mortgagee of record on any \nmortgage owned, guaranteed, or securitized by the Corporation. Not \nlater than the expiration of such period, the Corporation shall require \nthat all mortgage loans owned, guaranteed, or securitized at such time \nby the Corporation and on which MERS is the named mortgagee or \nmortgagee of record shall be assigned to the servicer, holder, or \ncreditor, as defined by the guidelines of the Corporation. The \nCorporation shall not reimburse the servicer, holder, or creditor for \nany expense incurred in the carrying out or recording such an \nassignment.\n ``(C)(i) Except as provided in clause (ii), the period under this \nsubparagraph is the 6-month period beginning on the date of the \nenactment of the Transparency and Security in Mortgage Registration Act \nof 2010.\n ``(ii) In the case of any mortgage owned, guaranteed, or \nsecuritized by the Corporation for which the servicer, holder, or \ncreditor has demonstrated to the Corporation, in accordance with \nstandards established by the Director of the Federal Housing Finance \nAgency, that compliance with subparagraph (B) by the expiration of such \n6-month period will cause a severe threat to the continued financial \nviability of such entity, the period under this subparagraph shall be \nthe period that begins on such date of enactment and has such duration \nas determined by the Corporation, in accordance with standards \nestablished by the Director, but in no case has a duration longer than \n12 months.\n ``(D) Not later than the expiration of the 6-month period referred \nto in subparagraph (C)(i), the Corporation shall submit a report \ndetailing its compliance with subparagraph (B) to the Congress, the \nDirector of the Federal Housing Finance Agency, the Financial Stability \nOversight Council, and the Director of the Bureau of Consumer Financial \nProtection of the Federal Reserve System, which shall describe any \nextensions of the period for compliance with subparagraph (B) granted \npursuant to subparagraph (C).\n ``(E) For purposes of this paragraph, the following definitions \nshall apply:\n ``(i) The term `MERS' means the Mortgage Electronic \n Registration Systems, Inc., or any successor entity of such \n corporation.\n ``(ii) The term `MERS mortgage' means any mortgage--\n ``(I) for which the MERS is, or was at any time, \n the original or nominal mortgagee or mortgagee of \n record under the mortgage;\n ``(II) that is, or was at any time, assigned to or \n recorded in the MERS; or\n ``(III) for which the MERS is, or was at any time, \n acting as nominee in the county land records for the \n lender or servicer of the mortgage.''.\n (3) Regulations.--Not later than the expiration of the 90-\n day period beginning on the date of the enactment of this Act, \n the Director of the Federal Housing Finance Agency shall issue \n any regulations necessary to carry out the amendments made by \n paragraphs (1) and (2). In issuing such regulations, the \n Director shall consult and coordinate with the Secretary of \n Housing and Urban Development to ensure that the regulations \n issued by the Director and the regulations issued by the \n Secretary pursuant to subsection (b)(2) of this section are \n uniform and consistent to maximum extent possible.\n (b) Ginnie Mae.--\n (1) Prohibition.--Section 302(c) of the National Housing \n Act (12 U.S.C. 1717(c)) is amended by adding at the end the \n following new paragraph:\n ``(6)(A) After the date of the enactment of the Transparency and \nSecurity in Mortgage Registration Act of 2010, the Association may not \nnewly guarantee the payment of principal of or interest on any trust \ncertificate or other security based or backed by a trust or pool that \ncontains, or purchase or acquire, any MERS mortgage.\n ``(B)(i) After the expiration of the period under subparagraph (C), \nMERS shall not be the named mortgagee or mortgagee of record on any \nmortgage owned or held by the Association or on any mortgage contained \nin a pool backing or on which is based any trust certificate or other \nsecurity the payment of principal of or interest on which is guaranteed \nby the Association.\n ``(ii) Not later than the expiration of such period, the \nAssociation shall require that all mortgage loans that are owned or \nheld at such time by the Association, or that at such time are \ncontained in a trust or pool backing or on which is based a trust \ncertificate or other security the payment of principal of or interest \non which is guaranteed by the Association, and on which MERS is the \nnamed mortgagee or mortgagee of record, shall be assigned to the \nservicer, holder, or creditor, as defined by the guidelines of the \nAssociation. The Association shall not reimburse the servicer, holder, \nor creditor for any expense incurred in the carrying out or recording \nsuch an assignment.\n ``(C)(i) Except as provided in clause (ii), the period under this \nsubparagraph is the 6-month period beginning on the date of the \nenactment of the Transparency and Security in Mortgage Registration Act \nof 2010.\n ``(ii) In the case of any mortgage owned or held by the \nAssociation, or contained in a trust or pool backing or on which is \nbased a trust certificate or other security the payment of principal of \nor interest on which is guaranteed by the Association, for which the \nservicer, holder, or creditor has demonstrated to the Association, in \naccordance with standards established by the Secretary, that compliance \nwith subparagraph (B) by the expiration of such 6-month period will \ncause a severe threat to the continued financial viability of such \nentity, the period under this subparagraph shall be the period that \nbegins on such date of enactment and has such duration as determined by \nthe Association, in accordance with standards established by the \nSecretary, but in no case has a duration longer than 12 months.\n ``(D) Not later than the expiration of the 6-month period described \nin subparagraph (C)(i), the Association submit a report detailing its \ncompliance with subparagraph (B) to the Congress, the Secretary, the \nFinancial Stability Oversight Council, and the Director of the Bureau \nof Consumer Financial Protection of the Federal Reserve System, which \nshall describe any extensions of the period for compliance with \nsubparagraph (B) granted pursuant to subparagraph (C).\n ``(E) For purposes of this paragraph, the following definitions \nshall apply:\n ``(i) The term `MERS' means the Mortgage Electronic \n Registration Systems, Inc., or any successor entity of such \n corporation.\n ``(ii) The term `MERS mortgage' means any mortgage--\n ``(I) for which the MERS is, or was at any time, \n the original or nominal mortgagee or mortgagee of \n record under the mortgage;\n ``(II) that is, or was at any time, assigned to or \n recorded in the MERS; or\n ``(III) for which the MERS is, or was at any time, \n acting as nominee in the county land records for the \n lender or servicer of the mortgage.''.\n (2) Regulations.--Not later than the expiration of the 90-\n day period beginning on the date of the enactment of this Act, \n the Secretary of Housing and Urban Development shall issue any \n regulations necessary to carry out the amendments made by \n paragraphs (1) and (2). In issuing such regulations, the \n Secretary shall consult and coordinate with the Director of the \n Federal Housing Finance Agency to ensure that the regulations \n issued by the Secretary and the regulations issued by the \n Director pursuant to subsection (a)(3) of this section are \n uniform and consistent to maximum extent possible\n\nSEC. 3. HUD STUDY.\n\n (a) Study.--The Secretary of Housing and Urban Development, in \nconsultation with the Comptroller General of the United States, shall \nconduct a study to analyze and determine--\n (1) the impacts of the lack of electronic records and \n uniform standards found in local land title recordation systems \n currently used in the various States;\n (2) any progress States have made in developing electronic \n land title recordation systems for their localities that \n contain uniform standards, and any findings and conclusions and \n best practices resulting from such development;\n (3) the current oversight role of the Federal Government in \n the transfer and recordation of land titles;\n (4) opportunities, and the feasibility of such \n opportunities, that may be present to leverage progress made by \n some States and localities to create an electronic land title \n recordation system, including through--\n (A) a system that would maintain all previous \n records of the land-property without invalidating, \n interfering with, or preempting State real property law \n governing the transfer and perfection of land title; \n and\n (B) further actions by the States or by the Federal \n Government, or coordinated actions of both; and\n (5) the feasibility of creating a Federal land title \n recordation system for property transfers that would maintain \n all previous records of the land-property without invalidating, \n interfering with, or preempting State real property law \n governing the transfer and perfection of land title.\n (b) Report.--Not later than the expiration of the 12-month period \nbeginning on the date of the enactment of this Act, the Secretary of \nHousing and Urban Development, in consultation with the Comptroller \nGeneral of the United States, shall submit to the Congress a report on \nthe results and findings of the study conducted under this section.","summary":"Transparency and Security in Mortgage Registration Act of 2010 - Amends the National Housing Act to prohibit the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any Mortgage Electronic Registration System, Inc. (MERS) mortgage or mortgages. Prohibits the Government National Mortgage Association from newly guaranteeing the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. Directs Fannie Mae, Freddie Mac, and Ginnie Mae to require all their current MERS mortgages to be assigned to the proper servicer, holder, or creditor. Directs the Secretary of Housing and Urban Development (HUD) to study and report to Congress to analyze and determine: (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various states. (2) any progress states have made in developing electronic land title recordation systems containing uniform standards. (3) the current oversight role of the federal government in the transfer and recordation of land titles. And (4) the feasibility of creating a federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting state real property law governing the transfer and perfection of land title.","title":"To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.","text_len":14463,"sum_len":1613} {"bill_id":"105_hr1632","text":"SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.\n\n (a) Permanent Extension.--Section 127 of the Internal Revenue Code \nof 1986 (relating to exclusion for educational assistance programs) is \namended by striking subsection (d) and by redesignating subsection (e) \nas subsection (d).\n (b) Restoration of Exclusion for Graduate Education.--The last \nsentence of paragraph (1) of section 127(c) of such Code is amended by \nstriking ``, and such term also does not include any payment for, or \nthe provision of any benefits with respect to, any graduate level \ncourse of a kind normally taken by an individual pursuing a program \nleading to a law, business, medical, or other advanced academic or \nprofessional degree''.\n (c) Effective Dates.--\n (1) Extension.--The amendments made by subsection (a) shall \n apply to taxable years beginning after December 31, 1996.\n (2) Graduate education.--The amendment made by subsection \n (b) shall apply with respect to expenses relating to courses \n beginning after December 31, 1996.\n\nSEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 221 as \nsection 222 and by inserting after section 220 the following new \nsection:\n\n``SEC. 221. INTEREST ON EDUCATION LOANS.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year an amount equal to \nthe interest paid by the taxpayer during the taxable year on any \nqualified education loan.\n ``(b) Limitation Based on Modified Adjusted Gross Income.--\n ``(1) In general.--The amount allowed as a deduction under \n subsection (a) shall be reduced (but not below zero) by the \n amount determined under paragraph (2).\n ``(2) Amount of reduction.--The amount determined under \n this paragraph equals the amount which bears the same ratio to \n the deduction (determined without regard to this subsection) \n as--\n ``(A) the excess of--\n ``(i) the taxpayer's modified adjusted \n gross income for such taxable year, over\n ``(ii) $50,000 ($80,000 in the case of a \n joint return), bears to\n ``(B) $20,000.\n ``(3) Modified adjusted gross income.--For purposes of \n paragraph (2), the term `modified adjusted gross income' means \n the adjusted gross income of the taxpayer for the taxable year \n determined--\n ``(A) without regard to this section and sections \n 911, 931, and 933, and\n ``(B) after the application of sections 86, 135, \n 137, 219, and 469.\n For purposes of sections 86, 135, 219, and 469, adjusted gross \n income shall be determined without regard to the deduction \n allowed under this section.\n ``(4) Inflation adjustment.--\n ``(A) In general.--In the case of a taxable year \n beginning after 1997, the $50,000 and $80,000 amounts \n in paragraph (2)(A)(ii) shall each be increased by an \n amount equal to--\n ``(i) such dollar amounts, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 1996' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $5,000, such \namount shall be rounded to the next lowest multiple of $5,000.\n ``(c) Dependents Not Eligible for Deduction.--No deduction shall be \nallowed by this section to an individual for the taxable year if a \ndeduction under section 151 with respect to such individual is allowed \nto another taxpayer for the taxable year beginning in the calendar year \nin which such individual's taxable year begins.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Qualified education loan.--The term `qualified \n education loan' means any indebtedness incurred to pay \n qualified higher education expenses--\n ``(A) which are incurred on behalf of the taxpayer \n or the taxpayer's spouse,\n ``(B) which are paid or incurred within a \n reasonable period of time before or after the \n indebtedness is incurred, and\n ``(C) which are attributable to education furnished \n during a period during which the recipient was at least \n a half-time student.\n Such term includes indebtedness used to refinance indebtedness \n which qualifies as a qualified education loan. The term \n `qualified education loan' shall not include any indebtedness \n owed to a person who is related (within the meaning of section \n 267(b) or 707(b)(1)) to the taxpayer.\n ``(2) Qualified higher education expenses.--\n ``(A) In general.--The term `qualified higher \n education expenses' means the excess of--\n ``(i) tuition and fees required for the \n enrollment or attendance of--\n ``(I) the taxpayer,\n ``(II) the taxpayer's spouse, or\n ``(III) any dependent of the \n taxpayer with respect to whom the \n taxpayer is allowed a deduction under \n section 151,\n as an eligible student at an institution of \n higher education, over\n ``(ii) the sum of--\n ``(I) the amount excluded from \n gross income under section 135 by \n reason of such tuition and fees, and\n ``(II) the amount of the reduction \n described in section 135(d)(1).\n ``(B) Exceptions.--Such term does not include--\n ``(i) expenses with respect to any course \n or other education involving sports, games, or \n hobbies, unless such course or other education \n is part of the student's degree program, and\n ``(ii) student activity fees, athletic \n fees, insurance expenses, or other expenses \n unrelated to a student's academic course of \n instruction.\n ``(C) Eligible student.--The term `eligible \n student' means, with respect to any academic period, a \n student who--\n ``(i) meets the requirements of section \n 484(a)(1) of the Higher Education Act of 1965 \n (20 U.S.C. 1091(a)(1)), as in effect on the \n date of the enactment of this section, and\n ``(ii) is carrying at least \\1\/2\\ the \n normal full-time work load for the course of \n study the student is pursuing, as reasonably \n determined by the institution of higher \n education.\n ``(3) Institution of higher education.--The term \n `institution of higher education' means an institution--\n ``(A) which is described in section 481 of the \n Higher Education Act of 1965 (20 U.S.C. 1088), as in \n effect on the date of the enactment of this section, \n and\n ``(B) which is eligible to participate in programs \n under title IV of such Act.\n Such term includes an institution conducting an internship or \n residency program leading to a degree or certificate awarded by \n an institution of higher education, a hospital, or a health \n care facility which offers postgraduate training.\n ``(4) Full-time student.--The term `full-time student' \n means any student who is carrying at least the normal full-time \n work load for the course of study the student is pursuing, as \n reasonably determined by the institution of higher education.\n ``(5) Half-time student.--The term `half-time student' \n means any individual who would be a student as defined in \n section 151(c)(4) if `half-time' were substituted for `full-\n time' each place it appears in such section.\n ``(6) Dependent.--The term `dependent' has the meaning \n given such term by section 152.\n ``(e) Special Rules.--\n ``(1) Denial of double benefit.--No deduction shall be \n allowed under this section for any amount for which a deduction \n is allowable under any other provision of this chapter.\n ``(2) Married couples must file joint return.--If the \n taxpayer is married at the close of the taxable year, the \n deduction shall be allowed under subsection (a) only if the \n taxpayer and the taxpayer's spouse file a joint return for the \n taxable year.\n ``(3) Marital status.--Marital status shall be determined \n in accordance with section 7703.''\n (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Subsection (a) of section 62 of such Code is amended by \ninserting after paragraph (16) the following new paragraph:\n ``(17) Interest on education loans.--The deduction allowed \n by section 221.''\n (c) Reporting Requirement.--\n (1) In general.--Subpart B of part III of subchapter A of \n chapter 61 of such Code (relating to information concerning \n transactions with other persons) is amended by inserting after \n section 6050R the following new section:\n\n``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN \n TRADE OR BUSINESS FROM INDIVIDUALS.\n\n ``(a) Education Loan Interest of $600 or More.--Any person--\n ``(1) who is engaged in a trade or business, and\n ``(2) who, in the course of such trade or business, \n receives from any individual interest aggregating $600 or more \n for any calendar year on 1 or more qualified education loans,\nshall make the return described in subsection (b) with respect to each \nindividual from whom such interest was received at such time as the \nSecretary may by regulations prescribe.\n ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n ``(1) is in such form as the Secretary may prescribe,\n ``(2) contains--\n ``(A) the name, address, and TIN of the individual \n from whom the interest described in subsection (a)(2) \n was received,\n ``(B) the amount of such interest received for the \n calendar year, and\n ``(C) such other information as the Secretary may \n prescribe.\n ``(c) Application to Governmental Units.--For purposes of \nsubsection (a)--\n ``(1) Treated as persons.--The term `person' includes any \n governmental unit (and any agency or instrumentality thereof).\n ``(2) Special rules.--In the case of a governmental unit or \n any agency or instrumentality thereof--\n ``(A) subsection (a) shall be applied without \n regard to the trade or business requirement contained \n therein, and\n ``(B) any return required under subsection (a) \n shall be made by the officer or employee appropriately \n designated for the purpose of making such return.\n ``(d) Statements To Be Furnished to Individuals With Respect to \nWhom Information Is Required.--Every person required to make a return \nunder subsection (a) shall furnish to each individual whose name is \nrequired to be set forth in such return a written statement showing--\n ``(1) the name and address of the person required to make \n such return, and\n ``(2) the aggregate amount of interest described in \n subsection (a)(2) received by the person required to make such \n return from the individual to whom the statement is required to \n be furnished.\nThe written statement required under the preceding sentence shall be \nfurnished on or before January 31 of the year following the calendar \nyear for which the return under subsection (a) was required to be made.\n ``(e) Qualified Education Loan Defined.--For purposes of this \nsection, except as provided in regulations prescribed by the Secretary, \nthe term `qualified education loan' has the meaning given such term by \nsection 221(d)(1).\n ``(f) Returns Which Would Be Required To Be Made by 2 or More \nPersons.--Except to the extent provided in regulations prescribed by \nthe Secretary, in the case of interest received by any person on behalf \nof another person, only the person first receiving such interest shall \nbe required to make the return under subsection (a).''\n (2) Assessable penalties.--Section 6724(d) of such Code \n (relating to definitions) is amended--\n (A) by redesignating clauses (x) through (xv) as \n clauses (xi) through (xvi), respectively, in paragraph \n (1)(B) and by inserting after clause (ix) of such \n paragraph the following new clause:\n ``(x) section 6050S (relating to returns \n relating to education loan interest received in \n trade or business from individuals),'', and\n (B) by striking ``or'' at the end of the next to \n last subparagraph, by striking the period at the end of \n the last subparagraph and inserting ``, or'', and by \n adding at the end the following new subparagraph:\n ``(Z) section 6050R (relating to returns relating \n to education loan interest received in trade or \n business from individuals).''\n (d) Clerical Amendments.--\n (1) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by striking the last item and \n inserting the following new items:\n\n ``Sec. 221. Interest on education loans.\n ``Sec. 222. Cross reference.''\n (2) The table of sections for subpart B of part III of \n subchapter A of chapter 61 of such Code is amended by inserting \n after the item relating to section 6050R the following new \n item:\n\n ``Sec. 6050S. Returns relating to \n education loan interest \n received in trade or business \n from individuals.''\n (e) Effective Date.--The amendments made by this section shall \napply to any qualified education loan (as defined in section 221(d)(1) \nof the Internal Revenue Code of 1986, as added by this section) \nincurred on, before, or after the date of the enactment of this Act, \nbut only with respect to any loan interest payment due after December \n31, 1996.","summary":"Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent. And (2) include graduate school assistance. Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse . Sets forth reporting requirements for persons in the business of receiving interest from such loans.","title":"To amend the Internal Revenue Code of 1986 to permanently extend the exclusion for employer-provided educational assistance programs, to restore such exclusion for graduate level courses, and to allow a deduction for interest on education loans.","text_len":16113,"sum_len":432} {"bill_id":"114_hr2582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Seniors' Health Care Plan Protection \nAct of 2015''.\n\nSEC. 2. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR MEDICARE \n ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY \n RATINGS.\n\n (a) Findings.--Consistent with the studies provided under the \nIMPACT Act of 2014 (Public Law 113-185), it is the intent of Congress--\n (1) to continue to study and request input on the effects \n of socioeconomic status and dual-eligible populations on the \n Medicare Advantage STARS rating system before reforming such \n system with the input of stakeholders; and\n (2) pending the results of such studies and input, to \n provide for a temporary delay in authority of the Centers for \n Medicare & Medicaid Services (CMS) to terminate Medicare \n Advantage plan contracts solely on the basis of performance of \n plans under the STARS rating system.\n (b) Delay in MA Contract Termination Authority for Plans Failing To \nAchieve Minimum Quality Ratings.--Section 1857(h) of the Social \nSecurity Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end \nthe following new paragraph:\n ``(3) Delay in contract termination authority for plans \n failing to achieve minimum quality rating.--The Secretary may \n not terminate a contract under this section with respect to the \n offering of an MA plan by a Medicare Advantage organization \n solely because the MA plan has failed to achieve a minimum \n quality rating under the 5-star rating system established under \n section 1853(o) during the period beginning on the date of the \n enactment of this paragraph and through the end of plan year \n 2018.''.\n\nSEC. 3. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.\n\n Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-\n23(a)(1)(C)) is amended by adding at the end the following new clauses:\n ``(iv) Evaluation and subsequent revision \n of the risk adjustment system to account for \n chronic conditions and other factors for the \n purpose of making the risk adjustment system \n more accurate, transparent, and regularly \n updated.--\n ``(I) Revision based on number of \n chronic conditions.--The Secretary \n shall revise for 2017 and periodically \n thereafter, the risk adjustment system \n under this subparagraph so that a risk \n score under such system, with respect \n to an individual, takes into account \n the number of chronic conditions with \n which the individual has been \n diagnosed.\n ``(II) Evaluation of different risk \n adjustment models.--The Secretary shall \n evaluate the impact of including 2 \n years of data to compare the models \n used to determine risk scores for 2013 \n and 2014 under such system.\n ``(III) Evaluation and analysis on \n chronic kidney disease (ckd) codes.--\n The Secretary shall evaluate the impact \n of removing the diagnosis codes related \n to chronic kidney disease in the 2014 \n risk adjustment model and conduct an \n analysis of best practices of MA plans \n to slow disease progression related to \n chronic kidney disease.\n ``(IV) Evaluation and \n recommendations on use of encounter \n data.--The Secretary shall evaluate the \n impact of including 10 percent of \n encounter data in computing payment for \n 2016 and the readiness of the Centers \n for Medicare & Medicaid Services to \n incorporate encounter data in risk \n scores. In conducting such evaluation, \n the Secretary shall use data collected \n as encounter data on or after January \n 1, 2012, shall analyze such data for \n accuracy and completeness and issue \n recommendations for improving such \n accuracy and completeness, and shall \n not increase the percentage of such \n encounter data used unless the \n Secretary releases the data publicly, \n indicates how such data will be \n weighted in computing the risk scores, \n and ensures that the data reflects the \n degree and cost of care coordination \n under MA plans.\n ``(V) Conduct of evaluations.--\n Evaluations and analyses under \n subclause (II) through (IV) shall \n include an actuarial opinion from the \n Chief Actuary of the Centers for \n Medicare & Medicaid Services about the \n reasonableness of the methods, \n assumptions, and conclusions of such \n evaluations and analyses. The Secretary \n shall consult with the Medicare Payment \n Advisory Commission and accept and \n consider comments of stakeholders, such \n as managed care organizations and \n beneficiary groups, on such evaluation \n and analyses. The Secretary shall \n complete such evaluations and analyses \n in a manner that permits the results to \n be applied for plan years beginning \n with the second plan year that begins \n after the date of the enactment of this \n clause.\n ``(VI) Implementation of revisions \n based on evaluations.--If the Secretary \n determines, based on such an evaluation \n or analysis, that revisions to the risk \n adjustment system to address the \n matters described in any of subclauses \n (II) through (IV) would make the risk \n adjustment system under this \n subparagraph better reflect and \n appropriately weight for the population \n that is served by the plan, the \n Secretary shall, beginning with 2017, \n and periodically thereafter, make such \n revisions.\n ``(VII) Periodic reporting to \n congress.--With respect to plan years \n beginning with 2017 and every third \n year thereafter, the Secretary shall \n submit to Congress a report on the most \n recent revisions (if any) made under \n this clause, including the evaluations \n conducted under subclauses (II) through \n (IV).\n ``(v) No changes to adjustment factors that \n prevent activities consistent with national \n health policy goals.--In making any changes to \n the adjustment factors, including adjustment \n for health status under paragraph (3), the \n Secretary shall ensure that the changes do not \n prevent Medicare Advantage organizations from \n performing or undertaking activities that are \n consistent with national health policy goals, \n including activities to promote early detection \n and better care coordination, the use of health \n risk assessments, care plans, and programs to \n slow the progression of chronic diseases.\n ``(vi) Opportunity for review and public \n comment regarding changes to adjustment \n factors.--For changes to adjustment factors \n effective for 2017 and subsequent years, in \n addition to providing notice of such changes in \n the announcement under subsection (b)(2), the \n Secretary shall provide an opportunity for \n review of proposed changes of not less than 60 \n days and a public comment period of not less \n than 30 days before implementing such \n changes.''.\n\nSEC. 4. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE STAR RATING \n SYSTEM.\n\n It is the sense of Congress that--\n (1) the Centers for Medicare & Medicaid Services has \n inadvertently created a star rating system under section \n 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-\n 23(o)(4)) for Medicare Advantage plans that lacks proper \n accounting for the socioeconomic status of enrollees in such \n plans and the extent to which such plans serve individuals who \n are also eligible for medical assistance under title XIX of \n such Act; and\n (2) Congress will work with the Centers for Medicare & \n Medicaid Services and stakeholders, including beneficiary \n groups and managed care organizations, to ensure that such \n rating system properly accounts for the socioeconomic status of \n enrollees in such plans and the extent to which such plans \n serve such individuals described in paragraph (1).\n\nSEC. 5. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK \n ADJUSTMENT.\n\n It is the sense of Congress that--\n (1) the Secretary of Health and Human Services should \n periodically monitor and improve the Medicare Advantage risk \n adjustment model to ensure that it accurately accounts for \n beneficiary risk, including for those individuals with complex \n chronic comorbid conditions;\n (2) the Secretary should closely examine the current \n Medicare Advantage risk adjustment methodology to ensure that \n plans enrolling beneficiaries with the greatest health care \n needs receive adequate reimbursement to deliver high-quality \n care and other services to help beneficiaries avoid costly \n complications and further progression of chronic conditions and \n to the extent data indicate this to be the case, the Secretary \n should make necessary adjustment to the risk adjustment \n methodology; and\n (3) the Secretary should reconsider the implementation of \n changes in the Medicare Advantage risk adjustment methodology \n finalized for 2016 and to use to the extent appropriate the \n methodology finalized in 2015 for one additional year.\n\n Passed the House of Representatives June 17, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Senior's Health Care Plan Protection Act of 2015 It is the intent of Congress to: (1) continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the five-star quality rating system for Medicare Advantage (MA) plans before reforming it, and, pending study and input results, (2) delay Centers for Medicare amp. Medicaid (CMS) authority to terminate MA plan contracts solely on the basis of performance under the five-star rating system. The Department of Health and Human Services (HHS) may not, through the end of plan year 2018, terminate a contract with respect to the offering of an MA plan by an MA organization solely because the plan has failed to achieve a minimum quality rating under the five-star rating system. This bill amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct HHS to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to MedicareChoice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10 of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MA plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. Congress declares that: the five-star quality rating system for MA plans lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid). And Congress will work with CMS and stakeholders, including beneficiary groups and managed care organizations, to ensure that the five-star quality rating system for MA plans properly accounts for the socioeconomic status of plan enrollees and the extent to which plans serve them. It is also the sense of Congress that HHS should: periodically monitor and improve the risk adjustment model for payments to MA organizations to ensure that it accurately accounts for beneficiary risk. Closely examine and adjust as necessary the current MA risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions. And reconsider the implementation of changes in the MA risk adjustment methodology finalized for 2016 and, to the extent appropriate, use the risk methodology finalized in 2015 for one additional year.","title":"Seniors' Health Care Plan Protection Act of 2015","text_len":12860,"sum_len":3166} {"bill_id":"112_hr4259","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``End Trafficking in Government \nContracting Act of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Executive agency.--The term ``executive agency'' has \n the meaning given the term in section 133 of title 41, United \n States Code.\n (2) Subcontractor.--The term ``subcontractor'' means a \n recipient of a contract at any tier under a grant, contract, or \n cooperative agreement.\n (3) Subgrantee.--The term ``subgrantee'' means a recipient \n of a grant at any tier under a grant or cooperative agreement.\n (4) United states.--The term ``United States'' has the \n meaning provided in section 103(12) of the Trafficking Victims \n Protection Act of 2000 (22 U.S.C. 7102(12)).\n\nSEC. 3. CONTRACTING REQUIREMENTS.\n\n Section 106(g) of the Trafficking Victims Protection Act of 2000 \n(22 U.S.C. 7104(g)) is amended by striking ``if the grantee or any \nsubgrantee,'' and all that follows through the period at the end and \ninserting the following: ``or take any of the other remedial actions \nauthorized under section 5(c) of the End Trafficking in Government \nContracting Act of 2012, if the grantee or any subgrantee, or the \ncontractor or any subcontractor, engages in, or uses labor recruiters, \nbrokers, or other agents who engage in, (i) severe forms of trafficking \nin persons, (ii) the procurement of a commercial sex act during the \nperiod of time that the grant, contract, or cooperative agreement is in \neffect, (iii) the use of forced labor in the performance of the grant, \ncontract, or cooperative agreement, or (iv) acts that directly support \nor advance trafficking in persons, including the following acts:\n ``(1) Destroying, concealing, removing, or confiscating an \n employee's immigration documents without the employee's \n consent.\n ``(2) Failing to repatriate an employee upon the end of \n employment, unless--\n ``(A) exempted from the duty to repatriate the \n employee by the Federal department or agency providing \n or entering into the grant, contract, or cooperative \n agreement; or\n ``(B) the employee is a victim of human trafficking \n seeking victim services or legal redress in the country \n of employment or a witness in a human trafficking \n enforcement action.\n ``(3) Soliciting a person for the purpose of employment, or \n offering employment, by means of materially false or fraudulent \n pretenses, representations, or promises regarding that \n employment.\n ``(4) Charging recruited employees exorbitant placement \n fees, including fees equal to or greater than the employee's \n monthly salary, or recruitment fees that violate the laws of \n the country from which an employee is recruited.\n ``(5) Providing inhumane living conditions.''.\n\nSEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.\n\n (a) Requirement.--The head of an executive agency may not provide \nor enter into a grant, contract, or cooperative agreement valued at \n$1,000,000 or more if performance will predominantly be conducted \noverseas, unless a duly designated representative of the recipient of \nsuch grant, contract, or cooperative agreement certifies to the \ncontracting or grant officer prior to receiving an award and on an \nannual basis thereafter, after having conducted due diligence, that--\n (1) the recipient has implemented a plan to prevent the \n activities described in section 106(g) of the Trafficking \n Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended \n by section 3, and is in compliance with that plan;\n (2) the recipient has implemented procedures to prevent any \n activities described in such section 106(g) and to monitor, \n detect, and terminate any subcontractor, subgrantee, or \n employee of the recipient found to be engaged in any activities \n described in such section; and\n (3) to the best of the representative's knowledge, neither \n the recipient, nor any subcontractor or subgrantee of the \n recipient or any agent of the recipient or of such a \n subcontractor or subgrantee, is engaged in any of the \n activities described in such section.\n (b) Limitation.--Any plan or procedures implemented pursuant to \nsubsection (a) shall be appropriate to the size and complexity of the \ngrant, contract, or cooperative agreement and to the nature and scope \nof its activities, including the number of non-United States citizens \nexpected to be employed.\n (c) Disclosure.--The recipient shall provide a copy of the plan to \nthe contracting or grant officer upon request, and, as appropriate, \nshall post the useful and relevant contents of the plan or related \nmaterials on its website and at the workplace.\n (d) Performance Predominately Overseas.--For purposes of subsection \n(a), a grant, contract, or cooperative agreement shall be considered to \nbe performed predominantly overseas if the estimated value of the \nservices required to be performed under the grant, contract, or \ncooperative agreement outside the United States exceeds $500,000.\n\nSEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.\n\n (a) Investigation.--If the contracting or grant officer of an \nexecutive agency for a grant, contract, or cooperative agreement \nreceives credible evidence that a recipient of the grant, contract, or \ncooperative agreement; any subgrantee or subcontractor of the \nrecipient; or any agent of the recipient or of such a subgrantee or \nsubcontractor, has engaged in an activity described in section 106(g) \nof the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), \nas amended by section 3, including a report from a contracting officer \nrepresentative, an inspector general, an auditor, an alleged victim or \nvictim's representative, or any other credible source, the contracting \nor grant officer shall, before exercising any option to renew such \ngrant, contract, or cooperative agreement, request that the agency's \nOffice of Inspector General immediately initiate an investigation of \nthe allegation or allegations contained in the report. If the agency's \nOffice of Inspector General is unable to conduct a timely \ninvestigation, the suspension and debarment office or another \ninvestigative unit of the agency shall conduct the investigation.\n (b) Report.--Upon completion of an investigation under subsection \n(a), the office or unit that conducted the investigation shall submit \nto the contracting or grant officer and, if such investigation was not \nconducted by the agency's Office of Inspector General, to the agency's \nOffice of Inspector General, a report on the investigation, including \nconclusions about whether credible evidence exists that the recipient \nof a grant, contract, or cooperative agreement; any subcontractor or \nsubgrantee of the recipient; or any agent of the recipient or of such a \nsubcontractor or subgrantee, engaged in any of the activities described \nin section 106(g) of the Trafficking Victims Protection Act of 2000 (22 \nU.S.C. 7104(g)), as amended by section 3.\n (c) Remedial Actions.--\n (1) In general.--If a contracting or grant official \n determines that a recipient of a grant, contract, or \n cooperative agreement, or any subcontractor or subgrantee of \n the recipient, has engaged in any of the activities described \n in such section 106(g), the contracting or grant officer shall \n consider taking one or more of the following remedial actions:\n (A) Requiring the recipient to remove an employee \n from the performance of work under the grant, contract, \n or cooperative agreement.\n (B) Requiring the recipient to terminate a \n subcontract or subgrant.\n (C) Suspending payments under the grant, contract, \n or cooperative agreement.\n (D) Withholding award fees, consistent with the \n award fee plan, for the performance period in which the \n agency determined the contractor or subcontractor \n engaged in any of the activities described in such \n section 106(g).\n (E) Declining to exercise available options under \n the contract.\n (F) Terminating the contract for default or cause, \n in accordance with the termination clause for the \n contract.\n (G) Referring the matter to the agency suspension \n and debarment official.\n (H) Referring the matter to the Department of \n Justice for prosecution under any applicable law.\n (2) Savings clause.--Nothing in this subsection shall be \n construed as limiting the scope of applicable remedies \n available to the Federal Government.\n (3) Mitigating factor.--Where applicable, the contracting \n or grant official may consider whether the contractor or \n grantee had a plan in place under section 4, and was in \n compliance with that plan at the time of the violation, as a \n mitigating factor in determining which remedies, if any, should \n apply.\n (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or \ngrant officer shall ensure that relevant findings contained in the \nreport under subsection (b) are included in the Federal Awardee \nPerformance and Integrity Information System (FAPIIS). These findings \nshall be considered relevant past performance data for the purpose of \nawarding future contracts, grants, or cooperative agreements.\n\nSEC. 6. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH \n GOVERNMENT.\n\n The head of an executive agency making or awarding a grant, \ncontract, or cooperative agreement shall require that the recipient of \nthe grant, contract, or cooperative agreement--\n (1) immediately inform the Inspector General of the \n executive agency of any information it receives from any source \n that alleges credible evidence that the recipient; any \n subcontractor or subgrantee of the recipient; or any agent of \n the recipient or of such a subcontractor or subgrantee, has \n engaged in conduct described in section 106(g) of the \n Trafficking in Victims Protection Act of 2000 (22 U.S.C. \n 7104(g)), as amended by section 3 of this Act; and\n (2) fully cooperate with any Federal agencies responsible \n for audits, investigations, or corrective actions relating to \n trafficking in persons.\n\nSEC. 7. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK \n OUTSIDE THE UNITED STATES.\n\n Section 1351 of title 18, United States Code, is amended--\n (1) by striking ``Whoever knowingly'' and inserting ``(a) \n Work Inside the United States.--Whoever knowingly''; and\n (2) by adding at the end the following new subsection:\n ``(b) Work Outside the United States.--Whoever knowingly and with \nintent to defraud recruits, solicits, or hires a person outside the \nUnited States or causes another person to recruit, solicit, or hire a \nperson outside the United States, or attempts to do so, for purposes of \nwork performed on a United States Government contract performed outside \nthe United States, or on a United States military installation or \nmission or other property or premises owned or controlled by the United \nStates Government, by means of materially false or fraudulent \npretenses, representations, or promises regarding that employment, \nshall be fined under this title or imprisoned for not more than 5 \nyears, or both.''.\n\nSEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING \n TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.\n\n Section 105(d)(7)(H) of the Trafficking Victims Protection Act of \n2000 (22 U.S.C. 7103(d)(7)(H)) is amended--\n (1) in clause (ii), by striking ``and'' at the end;\n (2) by redesignating clause (iii) as clause (iv);\n (3) by inserting after clause (ii) the following new \n clause:\n ``(iii) all known trafficking in persons \n cases reported to the Under Secretary of \n Defense for Personnel and Readiness;'';\n (4) in clause (iv), as redesignated by paragraph (2), by \n inserting ``and'' at the end after the semicolon; and\n (5) by adding at the end the following new clause:\n ``(v) all trafficking in persons activities \n of contractors reported to the Under Secretary \n of Defense for Acquisition, Technology, and \n Logistics;''.\n\nSEC. 9. RULE OF CONSTRUCTION.\n\n Excluding section 7, nothing in this Act shall be construed to \nsupersede, enlarge, or diminish the common law or statutory liabilities \nof any grantee, subgrantee, contractor, subcontractor, or other party \ncovered by section 106(g) of the Trafficking Victims Protection Act of \n2000 (22 U.S.C. 7104(g)), as amended by section 3.","summary":"End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine andor prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.","title":"To prevent human trafficking in government contracting.","text_len":13556,"sum_len":2159} {"bill_id":"114_hr2750","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improved Security Vetting for \nAviation Workers Act of 2015''.\n\nSEC. 2. AVIATION SECURITY.\n\n (a) In General.--Subtitle A of title XVI of the Homeland Security \nAct of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section \n1601 the following new section:\n\n``SEC. 1602. VETTING OF AVIATION WORKERS.\n\n ``(a) In General.--By not later than December 31, 2015, the \nAdministrator, in coordination with the Assistant Secretary for Policy \nof the Department, shall request from the Director of National \nIntelligence access to additional data from the Terrorist Identities \nDatamart Environment (TIDE) data and any or other terrorism-related \ninformation to improve the effectiveness of the Administration's \ncredential vetting program for individuals with unescorted access to \nsensitive areas of airports.\n ``(b) Security Inspection.--By not later than December 31, 2015, \nthe Administrator shall issue guidance for Transportation Security \nInspectors to annually review airport badging office procedures for \napplicants seeking access to sensitive areas of airports. Such guidance \nshall include a comprehensive review of applicants' Criminal History \nRecords Check (CHRC) and work authorization documentation during the \ncourse of an inspection.\n ``(c) Information Sharing.--By not later than December 31, 2015, \nthe Administrator may conduct a pilot program of the Rap Back Service, \nin coordination with the Director of the Federal Bureau of \nInvestigation, to determine the feasibility of full implementation of a \nservice through which the Administrator would be notified of a change \nin status of an individual holding a valid credential granting \nunescorted access to sensitive areas of airports across eligible \nAdministration-regulated populations.\n ``(d) Procedures.--The pilot program under subsection (c) shall \nevaluate whether information can be narrowly tailored to ensure that \nthe Administrator only receives notification of a change with respect \nto a disqualifying offense under the credential vetting program under \nsubsection (a), as specified in 49 CFR 1542.209, and in a manner that \ncomplies with current regulations for fingerprint-based criminal \nhistory records checks. The pilot program shall be carried out in a \nmanner so as to ensure that, in the event that notification is made \nthrough the Rap Back Service of a change but a determination of arrest \nstatus or conviction is in question, the matter will be handled in a \nmanner that is consistent with current regulations. The pilot program \nshall also be carried out in a manner that is consistent with current \nregulations governing an investigation of arrest status, correction of \nFederal Bureau of Investigation records and notification of \ndisqualification, and corrective action by the individual who is the \nsubject of an inquiry.\n ``(e) Determination and Submission.--If the Administrator \ndetermines that full implementation of the Rap Back Service is feasible \nand can be carried out in a manner that is consistent with current \nregulations for fingerprint-based criminal history checks, including \nthe rights of individuals seeking credentials, the Administrator shall \nsubmit such determination, in writing, to the Committee on Homeland \nSecurity of the House of Representatives and the Committee on Homeland \nSecurity and Governmental Affairs and the Committee on Commerce, \nScience, and Transportation of the Senate, together with information on \nthe costs associated with such implementation, including the costs \nincurred by the private sector. In preparing this determination, the \nAdministrator shall consult with the Chief Civil Rights and Civil \nLiberties Officer of the Department to ensure that protocols are in \nplace to align the period of retention of personally identifiable \ninformation and biometric information, including fingerprints, in the \nRap Back Service with the period in which the individual who is the \nsubject of an inquiry has a valid credential.\n ``(f) Credential Security.--By not later than September 30, 2015, \nthe Administrator shall issue guidance to airports mandating that all \nfederalized airport badging authorities place an expiration date on \nairport credentials commensurate with the period of time during which \nan individual is lawfully authorized to work in the United States.\n ``(g) Aviation Worker Lawful Status.--By not later than December \n31, 2015, the Administrator shall review the denial of credentials due \nto issues associated with determining an applicant's lawful status in \norder to identify airports with specific weaknesses and shall \ncoordinate with such airports to mutually address such weaknesses, as \nappropriate.\n ``(h) Reports to Congress.--Upon completion of the determinations \nand reviews required under this section, the Administrator shall brief \nthe Committee on Homeland Security and the Committee on Transportation \nand Infrastructure of the House of Representatives and the Committee on \nHomeland Security and Governmental Affairs and the Committee on \nCommerce, Science, and Transportation of the Senate on the results of \nsuch determinations and reviews.''.\n (b) Clerical Amendment.--The table of contents of the Homeland \nSecurity Act of 2002 is amended by inserting after the item relating to \nsection 1601 the following new item:\n\n``Sec. 1602. Vetting of aviation workers.''.\n\nSEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM.\n\n Not later than 60 days after the date of the enactment of this Act, \nthe Administrator of the Transportation Security Administration shall \nsubmit to the Committee on Homeland Security of the House of \nRepresentatives and the Committee on Homeland Security and Governmental \nAffairs and the Committee on Commerce, Science, and Transportation of \nthe Senate a report on the status of plans to conduct a pilot program \nin coordination with the Federal Bureau of Investigation of the Rap \nBack Service in accordance with subsection (c) of section 1602 of the \nHomeland Security Act of 2002, as added by section 2 of this Act. The \nreport shall include details on the business, technical, and resource \nrequirements for the Transportation Security Administration and pilot \nprogram participants, and provide a timeline and goals for the pilot \nprogram.\n\n Passed the House of Representatives July 27, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Improved Security Vetting for Aviation Workers Act of 2015 This bill amends the Homeland Security Act of 2002 todirect the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), by December 31, 2015, in coordination with the DHS Assistant Secretary for Policy, to request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment data and any or other terrorism-related information to improve the effectiveness of TSA's credential vetting program for individuals with unescorted access to sensitive areas of airports. The TSA, by the same deadline, shall: issue guidance for Transportation Security Inspectors to review annually airport badging office procedures for applicants seeking access to sensitive airport areas, including a comprehensive review of applicants' Criminal History Records Check and work authorization documentation during the course of an inspection. Issue guidance to airports requiring that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States. And review the denial of credentials owing to an applicants's lawful status in order to identify airports with specific weaknesses and coordinate with them to address such weaknesses. The TSA may conduct a Rap Back Service pilot program, in coordination with the Federal Bureau of Investigation (FBI), to determine the feasibility of full implementation of a service through which the TSA would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive airport areas across eligible TSA-regulated populations. Certain pilot program procedures are prescribed regarding notification only of a change with respect to a disqualifying offense under the credential vetting program. The TSA, within 60 days after enactment of this Act, shall report to Congress on the status of plans to conduct the Rap Back Service pilot program.","title":"Improved Security Vetting for Aviation Workers Act of 2015","text_len":6580,"sum_len":2105} {"bill_id":"108_hr1366","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Aviation Industry Stabilization Act \nof 2003''.\n\nSEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or a \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of title 49, \nUnited States Code.\n\nSEC. 3. AVIATION INSURANCE.\n\n (a) Authority.--Section 44302(a)(1) is amended by striking ``may'' \nand inserting ``shall''.\n (b) Extension of Policies.--Section 44302(f)(1) is amended by \nstriking ``August 31, 2003, and may extend through December 31, 2003,'' \nand inserting ``December 31, 2007,''.\n (c) Coverage.--Section 44303 is amended--\n (1) in subsection (a) by striking ``In general.--'' and \n inserting ``In General.--''; and\n (2) in subsection (b)--\n (A) by striking ``during the period beginning on'' \n and inserting ``on or after''; and\n (B) by striking ``and ending on December 31, \n 2003,''.\n (d) Termination Date.--Section 44310 and the item relating to such \nsection in the analysis for chapter 443 are repealed.\n\nSEC. 4. LOAN GUARANTEES AND LINES OF CREDIT FOR AVIATION FUEL COSTS.\n\n (a) Extension of Application Period.--Notwithstanding section \n1300.16 of title 14, Code of Federal Regulations, or any other \nprovision of law or regulation, applications for Federal credit \ninstruments authorized by section 101 of the Air Transportation Safety \nand System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may \nbe filed for a period of 30 days following the date on which the \nPresident authorizes the military to use force against the Republic of \nIraq in calendar year 2003, and the Air Transportation Stabilization \nBoard determines that an extraordinary increase in jet fuel prices (as \ndefined in section 11(a)(3)) has occurred.\n (b) Publication of Notice.--The Board shall publish a notice in the \nFederal Register announcing that applications may be filed under \nsubsection (a) and another notice when the time for such applications \nwill end.\n (c) Limitations on Federal Credit Instruments.--A Federal credit \ninstrument issued by the Board in accordance with this section shall--\n (1) be for the purpose of allowing an air carrier to secure \n financial obligations to pay for its aviation fuel purchases \n for a period of 6 months or the period that begins on the date \n the Board determines that an extraordinary increase in jet fuel \n prices has occurred and ends on the date that the Secretary of \nTransportation determines that the average price for jet fuel in \ncalendar year 2003 is equal to or less than the average price reported \nby major air carriers for calendar year 2002, whichever period ends \nsooner; and\n (2) be for the actual increased aviation fuel cost incurred \n by the air carrier or a reasonable estimate of such cost over \n the average price of commercial aviation fuel reported to the \n Secretary of Transportation by air carriers during calendar \n year 2002, as determined by the Board.\n (d) Maximum Amount of Federal Credit Instruments.--The maximum \namount of Federal credit instruments that may be issued by the Board in \naccordance with this section shall be $3,000,000,000. The Board shall \nestablish a formula setting the maximum amount of Federal credit \ninstruments that may be issued to any air carrier based on the \npercentage of gallons of aviation fuel consumed by that air carrier in \nproportion to the total gallons of aviation fuel consumed by all air \ncarriers during calendar year 2002.\n (e) Special Rules.--\n (1) Limitation on applicability.--Sections 102(c), \n 102(d)(1), and 102(d)(2) of the Air Transportation Safety and \n System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231-\n 232) shall not apply to Federal credit instruments to be issued \n in accordance with this section.\n (2) Inclusion of lines of credit.--For purposes of Federal \n credit instruments to be issued in accordance with this \n section, the term ``Federal credit instrument'', as used in \n section 107(2) of the Air Transportation Safety and System \n Stabilization Act (115 Stat. 234), includes a line of credit \n and a guarantee of a line of credit issued by a third party.\n (3) Treatment of time period.--The 2-year period referred \n to in section 104(a) of the Air Transportation Safety and \n System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233) \n shall be treated with respect to an application filed in \n accordance with subsection (a) of this section as being the 2-\n year period beginning on the date of enactment of this Act.\n (f) Savings Clause.--Nothing in this section shall be construed as \naffecting an application filed before the date of enactment of this Act \nfor a Federal credit instrument authorized by section 101 of the Air \nTransportation Safety and Stabilization Act (49 U.S.C. 40101 note; 115 \nStat. 230).\n (g) Major Air Carrier Defined.--In this section, the term ``major \nair carrier'' has the meaning such term has under section 41720(a) of \ntitle 49, United States Code.\n\nSEC. 5. AIR MARSHALS.\n\n Not later than 90 days after all cockpit doors that are required to \nbe strengthened under section 104(a) of the Aviation and Transportation \nSecurity Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are \nstrengthened, the Under Secretary for Border and Transportation \nSecurity of the Department of Homeland Security shall consider whether \nit is necessary to require Federal air marshals to be seated in the \nfirst class cabin of an aircraft with strengthened cockpit doors and \nreport to Congress (in classified form if necessary) on the results of \nsuch reconsideration.\n\nSEC. 6. SCREENING OF MAIL.\n\n (a) Improved Screening.--Not later than 30 days after the date of \nenactment of this Act, the Under Secretary for Border and \nTransportation Security of the Department of Homeland Security shall \nundertake, without a decrease in aviation security, such action as may \nbe necessary to improve the screening of mail so that it can be carried \non passenger flights of air carriers.\n (b) Report.--Not later than 120 days after the date of enactment of \nthis Act, the Under Secretary shall transmit to Congress a report on \nthe Transportation Security Administration's pilot program to determine \nwhether canine teams can be used to screen mail before being placed \naboard passenger-carrying aircraft.\n\nSEC. 7. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED \n ACTIVITIES.\n\n The Under Secretary for Border and Transportation Security of the \nDepartment of Homeland Security, within available resources, shall \nreimburse air carriers and airports for the following:\n (1) All screening and related activities that the air \n carriers or airports perform or are responsible for performing, \n including--\n (A) the screening of catering supplies;\n (B) checking documents at security checkpoints;\n (C) screening of passengers; and\n (D) screening of persons with access to aircraft.\n (2) The provision of space and facilities used to perform \n screening functions if such space and facilities have been \n previously used, or were intended to be used, for revenue-\n producing purposes.\n\nSEC. 8. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR.\n\n The Under Secretary for Border and Transportation Security of the \nDepartment of Homeland Security shall reimburse air carriers for the \ncost of fortifying cockpit doors in accordance with section 48301(b) of \ntitle 49, United States Code.\n\nSEC. 9. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN LOSSES RESULTING FROM \n WAR WITH IRAQ.\n\n (a) In General.--The Secretary of Transportation shall reimburse an \nair carrier for any financial losses that the Secretary determines are \nattributable to the loss of air traffic resulting from the use of force \nagainst the Republic of Iraq in calendar year 2003.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 10. AIRLIFT SERVICES.\n\n Section 41106 is amended by adding at the end the following:\n ``(e) Compensation of Contractors.--An airlift services contract \nentered into by the Secretary of Defense and an air carrier described \nin subsection (a) shall ensure that the air carrier is compensated for \nthe positioning, de-positioning, and other ferry portions of missions \nperformed under the contract.''.\n\nSEC. 11. STRATEGIC PETROLEUM RESERVE.\n\n (a) Requirement.--\n (1) Drawdown.--Notwithstanding any other provision of law, \n if the President authorizes the military to use force against \n the Republic of Iraq in calendar year 2003, the Secretary of \n Energy shall drawdown and distribute petroleum from the \n Strategic Petroleum Reserve in quantities of not less than \n 500,000 barrels per day, to the extent necessary to remedy a \n dislocation in the jet fuel market or an extraordinary increase \n in the price of jet fuel.\n (2) Dislocation in jet fuel market.--For purposes of \n paragraph (1), a dislocation in the jet fuel market occurs when \n the inventories of United States domestic jet fuel (as reported \n by the Department of Energy) decrease by more than 25 percent \n over the previous 3-year rolling average.\n (3) Extraordinary price increase.--\n (A) In general.--For purposes of paragraph (1) and \n section 4, an extraordinary increase in the price of \n jet fuel occurs when the quotient exceeds by 50 percent \n the average price for jet fuel reported to the \n Secretary of Transportation by air carriers for 2002.\n (B) Calculation of quotient.--For purposes of \n subparagraph (A), the quotient is calculated by \n dividing by 2 the sum of the Gulf Coast and New York \n Harbor 5-day spot average prices of jet fuel.\n (b) Cessation.-- The Secretary of Energy may cease any drawdown \nunder subsection (a) if the Secretary determines that--\n (1) there no longer is any dislocation in the jet fuel \n market; or\n (2) in the case of a drawdown resulting from an \n extraordinary increase in the price of jet fuel, the quotient \n calculated under subsection (a)(3) no longer exceeds by 50 \n percent the average price for jet fuel reported to the \n Secretary of Transportation by air carriers for 2002.\n\nSEC. 12. CARGO CARRIED ABOARD PASSENGER-CARRYING AIRCRAFT.\n\n (a) Establishment of Working Group.--The Under Secretary for Border \nand Transportation Security of the Department of Homeland Security \nshall establish an air cargo security working group with industry \nexperts from the Transportation Security Administration, passenger \nairlines, indirect air carriers, shippers, small businesses, and other \nrelated groups to develop recommendations on the enhancement of the \ncurrent known shipper program.\n (b) Duties of Working Group.--The working group shall analyze the \neffectiveness of the current known shipper program, develop recommended \nenhancements, and present its findings and recommendations to the Under \nSecretary. In developing its recommendations, the working group shall \ntake into consideration the extraordinary air transportation needs of \nsmall or isolated communities and unique operational aspects of \ncarriers that serve such communities.\n\nSEC. 13. FACTORS CONTRIBUTING TO AIR CARRIER FINANCIAL DIFFICULTIES.\n\n (a) Analysis.--The Comptroller General shall analyze the factors \ncontributing to the financial difficulties of air carriers for the \npurpose of determining possible approaches to alleviate such \ndifficulties.\n (b) Report.--Not later than 90 days after the date of enactment of \nthis Act, the Comptroller General shall transmit to Congress a report \non the results of the analysis, together with recommendations.","summary":"Aviation Industry Stabilization Act of 2003 - Amends Federal transportation law to change from discretionary to mandatory the authority of the Secretary of Transportation to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft. Grants the Secretary authority to extend through calendar year 2007 the termination date of any insurance policy issued to an air carrier. Makes permanent the Secretary's authority to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism. Extends the period for an air carrier to apply for a loan guarantee or line of credit to pay for its aviation fuel costs or increases in aviation fuel costs under the Air Transportation Safety and System Stabilization Act. Requires the Under Secretary for Border and Transportation Security, after all cockpit doors are strengthened, to consider and report to Congress on whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors. Requires the Under Secretary to: (1) undertake action necessary to improve the screening of mail so that it can be carried on passenger flights. And (2) reimburse air carriers for certain screening and related activities as well as the cost of fortifying cockpit doors, and for any financial losses attributed to the loss of air traffic resulting from the use of force against Iraq in calendar year 2003. Requires that an airlift services contract entered into by the Secretary of Defense and an air carrier provide for the air carrier to be compensated for the positioning, repositioning, and other ferry portions of missions performed under the contract. Requires the Secretary of Energy, if the use of force against Iraq is authorized in calendar year 2003, to drawdown and distribute petroleum from the Strategic Petroleum Reserve to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel. Establishes an air cargo security working group composed of various groups to develop recommendations on the enhancement of the current known shipper program. Directs the Comptroller General to analyze factors contributing to the financial difficulties of air carriers to determine possible approaches to alleviate such difficulties.","title":"To amend title 49, United States Code, to provide relief to the airline industry, and for other purposes.","text_len":12546,"sum_len":2429} {"bill_id":"108_hr3871","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Israel Homeland \nSecurity Foundation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The development and implementation of technology is a \n crucial component of combating terrorism and implementing \n homeland security strategies.\n (2) Israel and Israeli industries have extensive experience \n with matters pertaining to homeland security generally and \n anti-terrorism specifically, including expertise in the fields \n of border integrity, transportation security, first responder \n equipment, and civil defense planning.\n (3) The United States and Israel have an extensive history \n of working cooperatively and successfully to assist with the \n development of agricultural, defense, telecommunications, and \n other technologies mutually beneficial to each country, as \n exemplified by the success of the Binational Industrial \n Research and Development Foundation, commonly referred to as \n the BIRD Foundation.\n (4) Initiated in 1977 as a grant program funded in equal \n parts by the governments of the United States and Israel in \n support of joint United States-Israeli business ventures, the \n BIRD Foundation has invested $180 million in 600 projects over \n the past 27 years and has realized $7 billion in sales and the \n development of a number of important technologies.\n (5) The establishment of a similar bi-national foundation, \n or the expansion of the BIRD Foundation, to support the \n development of technologies and services applicable to homeland \n security would be beneficial to the security of the United \n States and Israel and would strengthen the economic ties \n between the two countries.\n\nSEC. 3. UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION.\n\n The Homeland Security Act of 2002 (Public Law 107-296) is amended \nby inserting after section 307 (6 U.S.C. 187) the following new \nsection:\n\n``SEC. 307A UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION AND GRANT \n PROGRAM.\n\n ``(a) Establishment and Purpose.--\n ``(1) Establishment authorized.--The Secretary may \n establish a United States-Israel Homeland Security Foundation \n (in this section referred to as the `Foundation'), for the \n purpose of awarding conditional grants to joint business \n ventures between United States and Israeli private corporate \n entities to develop, manufacture, sell, or otherwise provide \n products and services with applications related to homeland \n security.\n ``(2) Administration.--The Secretary shall administer the \n grant program through the Directorate of Science and \n Technology.\n ``(b) Eligible Entities.--To be eligible to receive a grant under \nthis section, an applicant shall--\n ``(1) be a joint venture consisting of United States and \n Israeli private corporate entities;\n ``(2) be in the process of developing a product or service \n determined by the Secretary to have applications related to \n homeland security; and\n ``(3) demonstrate to the satisfaction of the Secretary a \n capability to develop, manufacture, sell, and support the \n product or service.\n ``(c) Application.--An eligible entity may apply for a grant under \nthis section by submitting to the Secretary an application at such time \nand in such manner as the Secretary may require and containing the \nfollowing information:\n ``(1) An identification of the entity that is applying for \n the grant.\n ``(2) The activities that the entity anticipates will be \n funded by the award of a grant.\n ``(3) The services or products the entity anticipates will \n be made available, either commercially or otherwise, as a \n result of an award of a grant.\n ``(4) A detailed capital budget for the proposed project, \n including the manner in which the grant funds will be allocated \n and expended.\n ``(5) Such other information as the Secretary may require.\n ``(d) Amount of Grant.--A grant under this section may not exceed \n50 percent of the total proposed cost for the development, manufacture, \nand provision of the product or service of the applicant described in \nthe application.\n ``(e) Grant Repayment.--A grant recipient shall repay the grant to \nthe Foundation as the Secretary may reasonably require. Grant \nrepayments may not exceed more than 150 percent of the grant awarded, \nadjusted for inflation in accordance with the Consumer Price Index.\n ``(f) Advisory Board.--\n ``(1) Representatives.--Administration of the Foundation \n shall include an advisory board comprised of public and private \n sector representatives.\n ``(2) Membership of advisory board.--\n ``(A) United states membership.--Membership to the \n advisory board shall include the Director of the \n Homeland Security Advanced Research Projects Agency and \n the Director of International Affairs of the Department \n of Homeland Security.\n ``(B) Israeli membership.--The Secretary shall \n extend an invitation to the relevant Israeli government \n officials for their participation on the advisory \n board.\n ``(g) Foundation Funding.--Subject to subsection (i), if the \nSecretary decides to establish the Foundation under subsection (a), the \nSecretary shall use not less than $25,000,000 of the funds available in \nthe Acceleration Fund for Research and Development of Homeland Security \nTechnologies, established under section 307(c)(1), to administer the \nFoundation.\n ``(h) Alternative Mechanism to Support Homeland Security Products \nand Services.--Subject to subsection (i), if the Secretary decides not \nto establish the Foundation under subsection (a), the Secretary shall \nuse not less than $25,000,000 of the funds available in the \nAcceleration Fund for Research and Development of Homeland Security \nTechnologies, established under section 307(c)(1), to support the \nefforts of the Binational Industrial Research and Development \nFoundation to make grants to joint United States-Israeli business \nventures for projects related to homeland security.\n ``(i) Shared Endowment.--Any expenditure by the United States under \nthis section shall be equal to the expenditure by Israel for the same \npurpose.''.","summary":"United States-Israel Homeland Security Foundation Act - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish a United States-Israel Homeland Security Foundation for awarding conditional grants to joint business ventures between US and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. Limits grant amounts to 50 percent of proposed costs. Requires grant recipients to repay the Foundation up to 150 percent of the grant awarded. Directs the Foundation to include an advisory board. Provides Foundation funding through the Acceleration Fund for Research and Development of Homeland Security Technologies. Directs the Secretary, if not establishing the Foundation, to use a specified amount from such Fund to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint US-Israeli business ventures for projects relating to homeland security.","title":"To establish the Unites States-Israel Homeland Security Foundation to make grants to joint business ventures between United States and Israeli private corporate entities to develop products and services with applications related to homeland security, and for other purposes.","text_len":6744,"sum_len":1044} {"bill_id":"113_hr2293","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flood Control Credit Act of 2013''.\n\nSEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.\n\n (a) In General.--Subject to subsection (b), the Secretary of the \nArmy may apply credit for in-kind contributions provided by a non-\nFederal interest that is in excess of the required non-Federal cost-\nshare for a water resources study or project, including credit for in-\nkind contributions provided to accelerate completion of a water \nresources study or project, toward the required non-Federal cost-share \nfor a different water resources study or project.\n (b) Restrictions.--\n (1) In general.--Except for subsection (a)(4)(D)(i) of that \n section, the requirements of section 221 of the Flood Control \n Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of \n this Act) shall apply to any credit under this section.\n (2) Conditions.--Credit in excess of the non-Federal cost-\n share for a study or project may be approved under this section \n only if--\n (A) the non-Federal interest submits a \n comprehensive plan to the Secretary that identifies--\n (i) the studies and projects for which the \n non-Federal interest intends to provide in-kind \n contributions for credit that is in excess of \n the non-Federal cost share for the study or \n project; and\n (ii) the studies and projects to which that \n excess credit would be applied;\n (B) the Secretary approves the comprehensive plan; \n and\n (C) the total amount of credit does not exceed the \n total non-Federal cost-share for the studies and \n projects in the approved comprehensive plan.\n (c) Additional Criteria.--In evaluating a request to apply credit \nin excess of the non-Federal cost-share for a study or project toward a \ndifferent study or project, the Secretary shall consider whether \napplying that credit will--\n (1) help to expedite the completion of a project or group \n of projects;\n (2) reduce costs to the Federal Government; and\n (3) aid the completion of a project that provides \n significant flood risk reduction or environmental benefits.\n (d) Report.--\n (1) Deadlines.--\n (A) In general.--Not later than 2 years after the \n date of enactment of this Act, the Secretary shall \n submit to the Committee on Transportation and \n Infrastructure of the House of Representatives and the \n Committee on Environment and Public Works of the Senate \n an interim report on the use of the authority under \n this section.\n (B) Final report.--Not later than 5 years after the \n date of enactment of this Act, the Secretary shall \n submit to the Committee on Transportation and \n Infrastructure of the House of Representatives and the \n Committee on Environment and Public Works of the Senate \n a final report on the use of the authority under this \n section.\n (2) Inclusions.--The reports described in paragraph (1) \n shall include--\n (A) a description of the use of the authority under \n this section during the reporting period;\n (B) an assessment of the impact of the authority \n under this section on the time required to complete \n projects; and\n (C) an assessment of the impact of the authority \n under this section on other water resources projects.\n\nSEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS.\n\n (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 \n(42 U.S.C. 1962d-5b(a)(4)) is amended--\n (1) in subparagraph (A), in the matter preceding clause (i) \n by inserting ``or a project under an environmental \n infrastructure assistance program'' after ``law'';\n (2) in subparagraph (C), by striking ``In any case'' and \n all that follows through the period at the end and inserting \n the following:\n ``(i) Construction.--\n ``(I) In general.--In any case in \n which the non-Federal interest is to \n receive credit under subparagraph (A) \n for the cost of construction carried \n out by the non-Federal interest before \n execution of a partnership agreement \n and that construction has not been \n carried out as of the date of enactment \n of this subparagraph, the Secretary and \n the non-Federal interest shall enter \n into an agreement under which the non-\n Federal interest shall carry out such \n work prior to the non-Federal interest \n initiating construction or issuing a \n written notice to proceed for the \n construction.\n ``(II) Eligibility.--Construction \n that is carried out after the execution \n of an agreement to carry out work \n described in subclause (I) and any \n design activities that are required for \n that construction, even if the design \n activity is carried out prior to the \n execution of the agreement to carry out \n work, shall be eligible for credit.\n ``(ii) Planning.--\n ``(I) In general.--In any case in \n which the non-Federal interest is to \n receive credit under subparagraph (A) \n for the cost of planning carried out by \n the non-Federal interest before \n execution of a feasibility cost sharing \n agreement, the Secretary and the non-\n Federal interest shall enter into an \n agreement under which the non-Federal \n interest shall carry out such work \n prior to the non-Federal interest \n initiating that planning.\n ``(II) Eligibility.--Planning that \n is carried out by the non-Federal \n interest after the execution of an \n agreement to carry out work described \n in subclause (I) shall be eligible for \n credit.'';\n (3) in subparagraph (D)(iii), by striking ``sections 101 \n and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) \n of the Water Resources Development Act of 1986 (33 U.S.C. \n 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';\n (4) by redesignating subparagraph (E) as subparagraph (H);\n (5) by inserting after subparagraph (D) the following:\n ``(E) Analysis of costs and benefits.--In the \n evaluation of the costs and benefits of a project, the \n Secretary shall not consider construction carried out \n by a non-Federal interest under this subsection as part \n of the future without project condition.\n ``(F) Transfer of credit between separable elements \n of a project.--Credit for in-kind contributions \n provided by a non-Federal interest, under this section \n or section 104 of the Water Resources Development Act \n of 1986 (33 U.S.C. 2214), that are in excess of the \n non-Federal cost share for an authorized separable \n element of a project may be applied toward the non-\n Federal cost share for a different authorized separable \n element of the same project or toward another \n authorized project, within the same watershed, for \n which the non-Federal interest has a cost share \n responsibility.\n ``(G) Application of credit.--To the extent that \n credit for in-kind contributions, as limited by \n subparagraph (D), and credit for required land, \n easements, rights-of-way, dredged material disposal \n areas, and relocations provided by the non-Federal \n interest exceed the non-Federal share of the cost of \n construction of a project other than a navigation \n project, the Secretary shall reimburse the difference \n to the non-Federal interest, subject to the \n availability of funds.''; and\n (6) in subparagraph (H) (as redesignated by paragraph \n (4))--\n (A) in clause (i), by inserting ``, and to water \n resources projects authorized prior to the date of \n enactment of the Water Resources Development Act of \n 1986 (Public Law 99-662), if correction of design \n deficiencies is necessary'' before the period at the \n end; and\n (B) by striking clause (ii) and inserting the \n following:\n ``(ii) Authorization in \n addition to specific credit \n provision.--In any case in \n which a specific provision of \n law authorizes credit for in-\n kind contributions provided by \n a non-Federal interest before \n the date of execution of a \n partnership agreement, the \n Secretary may apply the \n authority provided in this \n paragraph to allow credit for \n in-kind contributions provided \n by the non-Federal interest on \n or after the date of execution \n of the partnership \n agreement.''.\n (b) Applicability.--Section 2003(e) of the Water Resources \nDevelopment Act of 2007 (42 U.S.C. 1962d-5b note) is amended by \ninserting ``, or construction of design deficiency corrections on the \nproject,'' after ``construction on the project''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \ntake effect on November 8, 2007.\n (d) Guidelines.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of the Army shall update \n any guidance or regulations for carrying out section 221(a)(4) \n of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as \n amended by subsection (a)) that are in existence on the date of \n enactment of this Act or issue new guidelines, as determined to \n be appropriate by the Secretary.\n (2) Inclusions.--Any guidance, regulations, or guidelines \n updated or issued under paragraph (1) shall include, at a \n minimum--\n (A) the milestone for executing an in-kind \n memorandum of understanding for construction by a non-\n Federal interest;\n (B) criteria and procedures for evaluating a \n request to execute an in-kind memorandum of \n understanding for construction by a non-Federal \n interest that is earlier than the milestone under \n subparagraph (A) for that execution; and\n (C) criteria and procedures for determining whether \n work carried out by a non-Federal interest is integral \n to a project.\n (3) Public and stakeholder participation.--Before issuing \n any new or revised guidance, regulations, or guidelines or any \n subsequent updates to those documents, the Secretary shall--\n (A) consult with affected non-Federal interests;\n (B) publish the proposed guidelines developed under \n this subsection in the Federal Register; and\n (C) provide the public with an opportunity to \n comment on the proposed guidelines.\n (e) Interim Period.--During the period beginning on the date of \nenactment of this Act and ending on the date on which guidance, \nregulations, or guidelines are updated or issued under subsection (d), \nthe Secretary shall process credit under section 104 of the Water \nResources Development Act of 1986 (33 U.S.C. 2214), upon request of a \nnon-Federal interest, if--\n (1) the applicable non-Federal work meets the requirements \n for credit under section 104; and\n (2) the applicable non-Federal work does not meet the \n requirements for credit under existing guidelines for section \n 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).\n (f) Availability of Credit.--Credit for in-kind contributions \nauthorized under section 221 of the Flood Control Act of 1970 (42 \nU.S.C. 1962d-5b) or section 104 of the Water Resources Development Act \nof 1986 (33 U.S.C. 2214) shall be available for work performed by a \nnon-Federal interest on any separable element of a project following \nthe identification by the Secretary of project alternatives as part of \na feasibility study or a general or limited reevaluation report.\n (g) Other Credit.--Nothing in section 221(a)(4) of the Flood \nControl Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by \nsubsection (a)) affects any eligibility for credit under section 104 of \nthe Water Resources Development of 1986 (33 U.S.C. 2214) that was \napproved by the Secretary prior to the date of enactment of this Act.","summary":"Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to: allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program. Require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction. Provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit. Allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility. And require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest. Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report.","title":"Flood Control Credit Act of 2013","text_len":15095,"sum_len":3555} {"bill_id":"111_s3009","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``1863 Gettysburg Campaign Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the 1863 invasion of Pennsylvania and the resulting \n Battle of Gettysburg proved decisive in the final outcome of \n the American Civil War;\n (2) President Abraham Lincoln's Gettysburg Address put the \n Civil War in perspective as a test of the success of the \n American Revolution;\n (3) the Army Heritage Center Foundation (in this Act \n referred to as the ``AHCF'') works with the United States Army \n to establish, sponsor, support, promote, and maintain the \n United States Army Heritage and Education Center (in this Act \n referred to as the ``AHEC'') at Carlisle, Pennsylvania;\n (4) the AHEC is the Army's premier center for the study of \n the role of the individual soldier in support of the Nation, \n and its Civil War photograph and manuscript collection is \n considered one of the finest in the Nation;\n (5) the AHEC seeks to honor the service and sacrifice of \n soldiers and their families, preserve the memories of their \n service by gathering and preserving artifact and manuscript \n collections, and educate the public through a world class \n archives, museum displays, and engaging educational programs;\n (6) the goal of the AHEC is to promote an appreciation of \n the sacrifices that generations of American soldiers and their \n families have made to safeguard the freedoms of the Nation;\n (7) the AHCF will, through donated support, fund and \n construct the public components of the AHEC, the Visitor and \n Education Center and the Army Heritage Museum, and once \n construction is complete, focus on providing ``margin of \n excellence support'' to meet the needs of educational programs \n and other activities at the AHEC where Federal funds are \n unavailable;\n (8) the Gettysburg Foundation is dedicated to supporting \n Gettysburg National Military Park, part of the National Park \n Service, by--\n (A) operating the new Museum and Visitor Center for \n the park;\n (B) funding the preservation and rehabilitation of \n the park's resources;\n (C) preserving and displaying the Cyclorama \n painting; and\n (D) providing visitors with an understanding of the \n significance of the Battle of Gettysburg within the \n context of the causes and consequences of the American \n Civil War;\n (9) the AHCF and the Gettysburg Foundation--\n (A) are nongovernmental, member-based, and publicly \n supported non-profit organizations that are dependent \n on funds from members, donations, and grants for \n support; and\n (B) use such support to help create and sustain the \n Gettysburg National Military Park and the Army Heritage \n and Education Center;\n (10) the Gettysburg Foundation is recognized as the \n official partner of Gettysburg National Military Park; and\n (11) the AHCF is recognized by the Secretary of the Army as \n the lead agency supporting the development of the AHEC.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--In recognition and commemoration of the 1863 \nInvasion of Pennsylvania, the decisive Battle of Gettysburg, and \nPresident Lincoln's Gettysburg Address, and notwithstanding any other \nprovision of law, the Secretary of the Treasury (hereafter in this Act \nreferred to as the ``Secretary'') shall mint and issue the following \ncoins:\n (1) $5 gold coins.--Not more than 75,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 350,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (3) Half dollar clad coins.--Not more than 100,000 half \n dollar coins, which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half dollar \n coins, contained in section 5112(b) of title 31, United \n States Code.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of sections 5134 and 5136 of \ntitle 31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the history and memory of the Battle \n of Gettysburg and President Lincoln's Gettysburg Address.\n (2) Designations and inscriptions.--On each coin minted \n under this Act, there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2013''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall--\n (1) contain motifs that specifically commemorate the \n Invasion of Pennsylvania, the Battle of Gettysburg, and \n President Lincoln's Gettysburg Address;\n (2) be selected by the Secretary, after consultation with \n the Secretary of the Army and the Secretary of the Interior, \n the AHCF and the Gettysburg Foundation, and the Commission of \n Fine Arts; and\n (3) be reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facilities.--For each of the 3 coins minted under this \nAct, at least 1 facility of the United States Mint shall be used to \nstrike proof quality coins, while at least 1 other such facility shall \nbe used to strike the uncirculated quality coins.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2013.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins minted under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nminted under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins minted under this Act shall \ninclude a surcharge as follows:\n (1) A surcharge of $35 per coin for the $5 coin.\n (2) A surcharge of $10 per coin for the $1 coin.\n (3) A surcharge of $5 per coin for the half dollar coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges received by the Secretary from the sale of \ncoins minted under this Act shall be promptly paid by the Secretary in \nthe ratio of two-thirds to the Gettysburg Foundation and one-third to \nthe AHCF, to help finance their respective programs.\n (c) Audits.--The Gettysburg Foundation and the AHCF shall be \nsubject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received under \nsubsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of enactment of this Act). \nThe Secretary may issue guidance to carry out this subsection.","summary":"Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the Battle of Gettysburg and the Gettysburg Address of President Abraham Lincoln.","title":"A bill to require the Secretary of the Treasury to mint coins in recognition of and to commemorate the 1863 Invasion of Pennsylvania, the Battle of Gettysburg, and President Abraham Lincoln's Gettysburg Address.","text_len":9257,"sum_len":279} {"bill_id":"106_s3177","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nursing Home Staff Improvement Act \nof 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Part I of the Health Care Financing Administration's \n Report to Congress: Appropriateness of Minimum Nurse Staffing \n Ratios in Nursing Homes was completed in August of 2000 and \n showed the following:\n (A) Quality of care may be significantly impaired \n when staffing thresholds fall below 2.0 nurse aide \n hours per resident day, 1.0 registered nurse and \n licensed practical nurse hours per resident day and \n 0.45 registered nurse hours per resident day.\n (B) Below this threshold, residents are more likely \n to suffer life threatening illnesses secondary to \n pressure sores, weight loss and preventable infections, \n and rates of avoidable hospitalization increase \n significantly.\n (C) Fifty-four percent of nursing home facilities \n do not provide 2.0 nurse aide hours per resident day \n and approximately \\1\/2\\ of nursing home facilities \n would require greater than a 10 percent change in \n staffing to meet this minimal standard.\n (D) The 2.0 nurse aide hours per resident day is a \n threshold below which residents lives are at risk, not \n a standard for the provision of appropriate care.\n (2)(A) A minimum of 2.9 nurse aide hours per resident day \n are necessary to deliver 5 necessary daily care services.\n (B) Over 92 percent of nursing home facilities fall below \n the 2.9 nurse aide hours per resident day standard and would \n require a 50 percent increase in staffing to meet this \n standard.\n (C) The 2.9 nurse aide hours per resident day standard is \n based on a conservative assumption and understates the real \n staffing levels necessary for a nurse aide to complete all \n tasks that constitute adequate care.\n (3)(A) Facilities that serve residents with more complex \n medical conditions will require higher staffing levels.\n (B) Minimum staffing levels that take into account case mix \n have not yet been established.\n (C) Part II of the Health Care Financing Administration \n report, which has not yet been completed, will report to \n Congress on minimum staffing levels according to the facility's \n resident acuity level.\n\nSEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY \n STAFFING REQUIREMENTS.\n\n (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget \nReconciliation Act of 1990 (42 U.S.C. 1396r note) is amended--\n (1) by striking ``January 1, 1999'' and inserting ``July 1, \n 2001'';\n (2) by inserting ``and optimal minimum'' after ``minimum'' \n each place it appears;\n (3) by striking the period and inserting a semicolon;\n (4) by striking ``such study recommendations'' and \n inserting ``such study--\n ``(i) recommendations''; and\n (5) by adding at the end the following:\n ``(ii) an examination of the cost and \n benefits associated with establishing staffing \n minimum and optimal minimum ratios;\n ``(iii) a description of the data used in \n Phase II of the study to expand the \n multivariate analysis from 3 States to a more \n representative national sample;\n ``(iv) an analysis of proposed refined case \n mix classification methods considered in Phase \n II of the study;\n ``(v) a description of the case studies \n used to validate the Phase I findings of the \n study; and\n ``(vi) an examination of other issues that \n impact the recruitment and retention of \n certified nursing assistants.''.\n (b) Effective Date.--The amendments made by subsection (a) take \neffect as if included in the enactment of section 4801 of the Omnibus \nBudget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-\n211).\n\nSEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS.\n\n (a) Notice of Proposed Rulemaking.--Not later than 6 months after \nthe date that the Secretary of Health and Human Services (in this \nsection referred to as the ``Secretary'') submits the report to \nCongress required under section 4801(e)(17)(B) of the Omnibus Budget \nReconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study \nof establishing appropriate minimum caregiver to resident levels and \nappropriate minimum supervisor to caregiver levels for skilled nursing \nfacilities participating as providers of services under the medicare \nprogram under title XVIII of the Social Security Act (42 U.S.C. 1395 et \nseq.) and nursing facilities receiving payments under the medicaid \nprogram under title XIX of such Act (42 U.S.C. 1396 et seq.) that \nincludes recommendations regarding appropriate minimums for such \nlevels, the Secretary shall issue a notice of proposed rule-making with \nrespect to the promulgation of a final regulation requiring compliance \nwith appropriate minimum caregiver to resident levels and appropriate \nminimum supervisor to caregiver levels as a condition for such \nfacilities to receive payments under such programs.\n (b) Final Regulation.--Not later than 6 months after the issuance \nof the notice required under subsection (a), the Secretary shall issue \nthe final regulation (to be effective upon publication) that was the \nsubject of such notice.\n (c) Definition of Appropriate.--In this section, the term \n``appropriate'' means the staffing threshold level required to attain a \ngood or optimal quality outcome with respect to a resident of a skilled \nnursing facility participating as a provider of services under the \nmedicare program under title XVIII of the Social Security Act (42 \nU.S.C. 1395 et seq.) or of a nursing facility receiving payments under \nthe medicaid program under title XIX of such Act (42 U.S.C. 1396 et \nseq.), as opposed to avoiding a bad outcome with respect to such a \nresident.\n\nSEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN \n NURSING FACILITIES.\n\n (a) Authority To Award Grants.--The Secretary of Health and Human \nServices shall award grants to States on a competitive basis for the \npurpose of improving staffing levels in nursing facilities in order to \nimprove the quality of care to residents of such facilities.\n (b) Applications.--Each State that wishes to receive a grant under \nthis section shall submit an application at such time, in such form, \nand complete with such information as the Secretary may require, except \nthat any such application shall include at least a certification that \nthe application was developed through an open, public process.\n (c) Requirements for Use of Funds.--\n (1) Permissible uses.--\n (A) In general.--A State awarded a grant under this \n section shall use funds provided under the grant to \n provide financial support or technical assistance for \n projects operated by nursing facilities, labor \n organizations, nonprofit organizations, community \n colleges, or other organizations, or through joint \n efforts of such entities and organizations, that are \n designed to do any or all of the following:\n (i) Enhance staff recruitment and retention \n efforts.\n (ii) Establish centers of expertise and \n training.\n (iii) Establish career ladders for \n certified nurse assistants, including \n additional or advanced training opportunities.\n (iv) Provide additional training for \n nursing facility direct care staff.\n (v) Improve workplace safety.\n (vi) Improve nursing facility management.\n (vii) Conduct other staffing initiatives to \n improve patient outcomes, as approved by the \n Secretary.\n (B) Applicability of nursing home reform \n provisions.--Funds made available under a grant awarded \n to a State under this section may only be used to \n provide financial support or technical assistance for \n any project described in subparagraph (A) to the extent \n that the activities conducted under the project are \n consistent with the requirements of sections 1818 and \n 1919 of the Social Security Act (42 U.S.C. 1395i-3, \n 1396r).\n (C) Prohibition.--No funds made available under a \n grant awarded to a State under this section may be used \n to provide financial support or technical assistance \n for any project described in subparagraph (A) that is \n conducted at, or for the benefit of, a nursing facility \n that is owned or operated by a State, county, or local \n government.\n (2) No supplantation of funds.--Funds made available under \n a grant awarded to a State under this section may only be used \n to supplement, not supplant, other funds that the State expends \n to carry out activities described in paragraph (1)(A).\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary for purposes of carrying out this section \n$500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated \nin accordance with this subsection for a fiscal year shall remain \navailable through the end of the succeeding fiscal year.\n (e) Reports and Secretarial Evaluation.--\n (1) State final reports.--Each State that is awarded a \n grant under this section shall submit a final report to the \n Secretary on the use of funds awarded under the grant not later \n than 3 months after the earlier of--\n (A) the completion of the project or projects \n provided financial support or technical assistance with \n funds received under the grant; or\n (B) the conclusion of the 2-year period that begins \n on the date that the State receives such grant funds.\n (2) Secretarial evaluation and report.--Not later than 6 \n months after the final State report is submitted to the \n Secretary under paragraph (1), the Secretary shall submit to \n Congress a report evaluating the extent to which the grant \n program established under this section assists States in \n improving staffing levels in nursing facilities.\n (f) Definitions.--In this section:\n (1) Nursing facility.--The term ``nursing facility'' means \n a skilled nursing facility participating in the medicare \n program established under title XVIII of the Social Security \n Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving \n payments under the medicaid program established under title XIX \n of such Act (42 U.S.C. 1396 et seq.).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING.\n\n (a) Medicare.--\n (1) Data on staffing levels.--Section 1819(b) of the Social \n Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the \n end the following new paragraph:\n ``(8) Submission of data on staffing levels.--\n ``(A) In general.--A skilled nursing facility shall \n submit to the Secretary, at such time as the Secretary \n shall specify and on a standard reporting format \n developed by the Secretary, data with respect to \n nursing staff that--\n ``(i) includes the total number of nursing \n staff hours and coverage levels per shift \n furnished by the facility to residents for \n which payment is made under section 1888(e), \n broken down by total certified nurse aide \n hours, total licensed practical or vocational \n nurse hours, and total registered nurse hours; \n and\n ``(ii) is attested to in writing by the \n facility as accurate.\n ``(B) Publication of data.--The Secretary shall \n provide for the publication on the Internet Site of the \n Department of Health and Human Services known as \n Nursing Home Compare the facility-specific nursing \n staff information described in subparagraph (A). The \n Secretary shall update such information \n periodically.''.\n (2) Information concerning patient classification.--Section \n 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) \n is amended by adding at the end the following new subparagraph:\n ``(D) Information concerning residents.--The \n skilled nursing facility shall provide the Secretary, \n in such form and manner and at such intervals as the \n Secretary may require, a classification of all \n residents of the skilled nursing facility that accords \n with the resident classification system described in \n section 1888(e)(4)(G)(i), or such successor system as \n the Secretary may identify.''.\n (b) Medicaid.--\n (1) Data on staffing levels.--Section 1919(b) of the Social \n Security Act (42 U.S.C. 1396r(b)) is amended by adding at the \n end the following new paragraph:\n ``(8) Submission of data on staffing levels.--\n ``(A) In general.--A nursing facility shall submit \n to the Secretary, at such time as the Secretary shall \n specify and on a standard reporting format developed by \n the Secretary, data with respect to nursing staff \n that--\n ``(i) includes the total number of nursing \n staff hours and coverage levels per shift \n furnished by the facility to residents for \n which payment is made under the State plan, \n broken down by total certified nurse aide \n hours, total licensed practical or vocational \n nurse hours, and total registered nurse hours; \n and\n ``(ii) is attested to in writing by the \n facility as accurate.\n ``(B) Publication of data.--The Secretary shall \n provide for the publication on the Internet Site of the \n Department of Health and Human Services known as \n Nursing Home Compare the facility-specific nursing \n staff information described in subparagraph (A). The \n Secretary shall update such information \n periodically.''.\n (2) Information concerning patient classification.--Section \n 1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4)) \n is amended by adding at the end the following new subparagraph:\n ``(D) Information concerning residents.--The \n nursing facility shall provide the Secretary, in such \n form and manner and at such intervals as the Secretary \n may require, a classification of all residents of the \n nursing facility that accords with the resident \n classification system described in section \n 1888(e)(4)(G)(i), or such successor system as the \n Secretary may identify.''.\n\nSEC. 7. INFORMATION ON NURSING FACILITY STAFFING.\n\n (a) Medicare Amendments.--Section 1819(b) of the Social Security \nAct (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further \namended by adding at the end the following new paragraph:\n ``(9) Information on nurse staffing.--A skilled nursing \n facility shall post daily for each nursing unit of the facility \n and for each shift the current number of licensed and \n unlicensed nursing staff directly responsible for resident care \n and the number of residents per unit and per shift. The \n information shall be displayed in a uniform manner and in a \n clearly visible place.''.\n (b) Medicaid Amendments.--Section 1919(b) of the Social Security \nAct (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by \nadding at the end the following new paragraph:\n ``(9) Information on nurse staffing.--A nursing facility \n shall post daily for each nursing unit of the facility and for \n each shift the current number of licensed and unlicensed \n nursing staff directly responsible for resident care and the \n number of residents per unit and per shift. The information \n shall be displayed in a uniform manner and in a clearly visible \n place.''.\n (c) Effective Date.--The amendments made by this section take \neffect on the first day of the first month that begins at least 6 \nmonths after the date of the enactment of this Act.","summary":"Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification.","title":"Nursing Home Staff Improvement Act of 2000","text_len":18399,"sum_len":341} {"bill_id":"108_s976","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Jamestown 400th Anniversary \nCommemorative Coin Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the founding of the colony at Jamestown, Virginia in \n 1607, the first permanent English colony in America, and the \n capital of Virginia for 92 years, has major significance in the \n history of the United States;\n (2) the Jamestown settlement brought people from throughout \n the Atlantic Basin together to form a multicultural society, \n including English, other Europeans, Native Americans, and \n Africans;\n (3) the economic, political, religious, and social \n institutions that developed during the first 9 decades of the \n existence of Jamestown continue to have profound effects on the \n United States, particularly in English common law and language, \n cross cultural relationships, manufacturing, and economic \n structure and status;\n (4) the National Park Service, the Association for the \n Preservation of Virginia Antiquities, and the Jamestown-\n Yorktown Foundation of the Commonwealth of Virginia \n collectively own and operate significant resources related to \n the early history of Jamestown;\n (5) in 2000, Congress established the Jamestown 400th \n Commemoration Commission to ensure a suitable national \n observance of the Jamestown 2007 anniversary and to support and \n facilitate marketing efforts for a commemorative coin, stamp, \n and related activities for the Jamestown 2007 observances;\n (6) a commemorative coin will bring national and \n international attention to the lasting legacy of Jamestown, \n Virginia; and\n (7) the proceeds from a surcharge on the sale of such \n commemorative coin will assist the financing of a suitable \n national observance in 2007 of the 400th anniversary of the \n founding of Jamestown, Virginia.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) $5 Gold Coins.--The Secretary of the Treasury (in this Act \nreferred to as the ``Secretary'') shall issue not more than 100,000 $5 \ncoins, which shall--\n (1) weigh 8.359 grams;\n (2) have a diameter of 0.850 inches; and\n (3) contain 90 percent gold and 10 percent alloy.\n (b) $1 Silver Coins.--The Secretary shall issue not more than \n500,000 $1 coins, which shall--\n (1) weigh 26.73 grams;\n (2) have a diameter of 1,500 inches; and\n (3) contain 90 percent silver and 10 percent copper.\n (c) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (d) Numismatic Items.--For purposes of section 5132(a)(1) of title \n31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\n (e) Sources of Bullion.--\n (1) Gold.--The Secretary shall obtain gold for minting \n coins under this Act pursuant to the authority of the Secretary \n under section 5116 of title 31, United States Code.\n (2) Silver.--The Secretary shall obtain silver for the \n coins minted under this Act only from stockpiles established \n under the Strategic and Critical Minerals Stock Piling Act (50 \n U.S.C. 98 et seq.).\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of the settlement of Jamestown, \n Virginia, the first permanent English settlement in America.\n (2) Designation and inscriptions.--On each coin minted \n under this Act, there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the year ``2007''; and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Design Selection.--Subject to subsection (a), the design for \nthe coins minted under this Act shall be--\n (1) selected by the Secretary after consultation with--\n (A) the Jamestown 2007 Steering Committee, created \n by the Jamestown-Yorktown Foundation of the \n Commonwealth of Virginia;\n (B) the National Park Service; and\n (C) the Commission of Fine Arts; and\n (2) reviewed by the Citizens Commemorative Coin Advisory \n Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the period beginning on January 1, 2007, and \nending on December 31, 2007.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins minted under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in subsection (c) with respect \n to such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n (c) Bulk Sales.--The Secretary shall make bulk sales of the coins \nminted under this Act at a reasonable discount.\n (d) Surcharge.--All sales of coins minted under this Act shall \ninclude a surcharge of--\n (1) $35 per coin for the $5 coin; and\n (2) $10 per coin for the $1 coin.\n\nSEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods and services necessary for carrying out the \nprovisions of this Act.\n (b) Equal Employment Opportunity.--Subsection (a) shall not relieve \nany person entering into a contract under the authority of this Act \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 8. DISTRIBUTION OF SURCHARGES.\n\n (a) Recipients.--\n (1) In general.--All surcharges received by the Secretary \n from the sale of coins minted under this Act shall be promptly \n paid by the Secretary to the recipients listed under paragraphs \n (2) and (3).\n (2) Jamestown-yorktown foundation.--The Secretary shall \n distribute 50 percent of the surcharges described under \n paragraph (1) to the Jamestown-Yorktown Foundation of the \n Commonwealth of Virginia, to support programs to promote the \n understanding of the legacies of Jamestown.\n (3) Other recipients.--\n (A) In general.--The Secretary shall distribute 50 \n percent of the surcharges described under paragraph (1) \n to the entities specified under subparagraph (B), in \n equal shares, for the purposes of--\n (i) sustaining the ongoing mission of \n preserving Jamestown;\n (ii) enhancing the national and \n international educational programs;\n (iii) improving infrastructure and \n archaeological research activities; and\n (iv) conducting other programs to support \n the commemoration of the 400th anniversary of \n Jamestown.\n (B) Entities specified.--Entities specified under \n this subparagraph are--\n (i) the Secretary of the Department of the \n Interior;\n (ii) the President of the Association for \n the Preservation of Virginia Antiquities; and\n (iii) the Chairman of the Jamestown \n Yorktown Foundation.\n (b) Audits.--The Comptroller General of the United States shall \nhave the right to examine such books, records, documents, and other \ndata of the entities specified in subsection (a), as may be related to \nthe expenditure of amounts distributed under subsection (a).\n\nSEC. 9. FINANCIAL ASSURANCES.\n\n (a) No Net Cost to the Government.--The Secretary shall take such \nactions as may be necessary to ensure that minting and issuing coins \nunder this Act will not result in any net cost to the United States \nGovernment.\n (b) Payment for Coins.--A coin shall not be issued under this Act \nunless the Secretary has received--\n (1) full payment for the coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution, the deposits of which \n are insured by the Federal Deposit Insurance Corporation or the \n National Credit Union Administration.\n\n\n\n\n ","summary":"Jamestown 400th Anniversary Commemorative Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia . Prohibits: (1) any provision of law governing procurement or public contracts from being applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. And (2) such general waiver of procurement regulations from relieving any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs the Secretary to distribute: (1) 50 percent of the surcharges to the Jamestown-Yorktown Foundation of Virginia to support programs to promote the understanding of the legacies of Jamestown. And (2) 50 percent to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs, to improve infrastructure and archeological research activities, and to conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown. States that entities specified for such purposes are the Secretary of the Department of the Interior, the President of the Association for the Preservation of Virginia Antiquities, and the Chairman of the Jamestown-Yorktown Foundation. Requires the Secretary to 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 US Government. Prohibits the issuance of a coin unless the Secretary has received: (1) full payment for the coin. (2) security satisfactory to the Secretary to indemnify the United States for full payment. Or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.","title":"A bill to provide for the issuance of a coin to commemorate the 400th anniversary of the Jamestown settlement.","text_len":10262,"sum_len":2093} {"bill_id":"105_hr4513","text":"SECTION 1. DEFINITIONS.\n\n In this Act:\n (1) Route 66.--The term ``Route 66'' means--\n (A) portions of the highway formerly designated as \n United States Route 66 that remain in existence as of \n the date of enactment of this Act; and\n (B) public and private land in the vicinity of the \n highway.\n (2) Preservation office.--The term ``Preservation Office'' \n means the Office for the Preservation of America's Main Street \n established by the Secretary under section 3.\n (3) Preservation of route 66.--The term ``preservation of \n Route 66'' means the preservation or restoration of portions of \n the highway, businesses and sites of interest or potentially of \n interest to the public along the highway, or other resources of \n the highway.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Director of the National \n Park Service.\n (5) State.--The term ``State'' means a State in which a \n portion of Route 66 is located.\n\nSEC. 2. DESIGNATION.\n\n Route 66 is designated as ``America's Main Street''.\n\nSEC. 3. MANAGEMENT.\n\n (a) Establishment of Office.--The Secretary shall establish an \noffice, to be known as the ``Office for the Preservation of America's \nMain Street''.\n (b) Designation of Officials.--The Secretary shall designate \nofficials of the National Park Service stationed at locations \nconvenient to the States and interested persons in the States, to \nperform the functions of the Preservation Office under this Act.\n (c) General Functions.--The Preservation Office shall--\n (1) support efforts of State and local public and private \n persons and entities in the States to preserve Route 66 by \n providing technical assistance, participating in cost-sharing \n programs, and making grants and loans;\n (2) act as a clearinghouse for communication among Federal, \n State, and local agencies and private persons and entities \n interested in the preservation of Route 66; and\n (3) assist the States in determining the appropriate form \n of and establishing and supporting a non-Federal entity or \n entities to perform the functions of the Preservation Office \n after the Preservation Office is terminated.\n (d) Authorities.--In carrying out this Act, the Preservation Office \nmay--\n (1) enter into cooperative agreements;\n (2) accept donations;\n (3) provide cost-share grants;\n (4) provide technical assistance in historic preservation \n and fundraising; and\n (5) conduct research.\n (e) Road Signs.--The Preservation Office shall sponsor a road sign \nprogram on Route 66 to be implemented on a cost-sharing basis with \nState and local organizations.\n (f) Preservation Assistance.--\n (1) In general.--The Preservation Office shall provide \n assistance in the preservation of Route 66 in a manner that is \n compatible with the idiosyncratic nature of the highway.\n (2) Planning.--The Preservation Office shall not prepare or \n require preparation of an overall management plan for Route 66, \n but shall cooperate with the States and local public and \n private persons and entities in developing local preservation \n plans to guide efforts to protect the most important or \n representative resources of Route 66.\n\nSEC. 4. RESOURCE TREATMENT.\n\n (a) Technical Assistance Program.--\n (1) In general.--The Preservation Office shall develop a \n program of technical assistance in the preservation of Route \n 66.\n (2) Guidelines for preservation needs.--\n (A) In general.--As part of the program under \n paragraph (1), the Preservation Office shall establish \n guidelines for setting priorities for preservation \n needs.\n (B) Basis.--The guidelines under subparagraph (A) \n may be based on national register standards, modified \n as appropriate to meet the needs of Route 66 so as to \n allow for the preservation of the spirit of Route 66 by \n including more modern resources that are integral to \n the evolution of the Route 66 experience.\n (b) Program for Coordination of Activities.--\n (1) In general.--The Preservation Office shall coordinate a \n program of historic research, curation, preservation \n strategies, and the collection of oral and video histories of \n Route 66.\n (2) Design.--The program under paragraph (1) shall be \n designed for continuing use and implementation by other \n organizations after the Preservation Office is terminated.\n (c) Cost-share Grants.--Cost-share grants for preservation of Route \n66 shall be available for resources that meet the guidelines under \nsubsection (a).\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\nSEC. 6. TERMINATION.\n\n The Preservation Office shall terminate on the date that is 10 \nyears after the date of enactment of this Act.","summary":"Designates portions of the highway formerly designated as US Route 66 that remain in existence as America's Main Street. Directs the Secretary of the Interior to: (1) establish the Office for the Preservation of America's Main Street. And (2) designate National Park Service officials stationed at locations convenient to the States in which a portion of Route 66 is located and interested persons in such States to perform Office functions. Requires the Office to: (1) support efforts of State and local public and private persons and entities in such States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans. (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66. And (3) assist such States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the Office's functions after it is terminated. Authorizes the Office to: (1) enter into cooperative agreements, (2) accept donations, (3) provide cost-share grants, (4) provide technical assistance in historic preservation and fundraising. And (5) conduct research. Requires the Office: (1) to sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations. (2) to provide assistance in the preservation of Route 66 that is compatible with the idiosyncratic nature of the highway. (3) not to prepare an overall management plan for Route 66, but to cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66. (4) to develop a technical assistance program in the preservation of Route 66, including guidelines for setting priorities for preservation needs. And (5) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of Route 66 designed for continuing use and implementation by other organizations after the Office is terminated. Makes available cost-share grants for the preservation of Route 66 for resources that meet the guidelines under the program. Authorizes appropriations. Terminates the Office ten years after the date of enactment of this Act.","title":"To designate former United States Route 66 as \"America's Main Street\" and authorize the Secretary of the Interior to provide assistance.","text_len":5439,"sum_len":2412} {"bill_id":"115_hr3210","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Securely Expediting Clearances \nThrough Reporting Transparency Act of 2018'' or the ``SECRET Act of \n2018''.\nSEC. 2. DEFINITIONS.\n In this Act--\n (1) the term ``Bureau'' means the National Background \n Investigations Bureau of the Office;\n (2) the term ``Director'' means the Director of National \n Intelligence acting as the Security Executive Agent; and\n (3) the term ``Office'' means the Office of Personnel \n Management acting as the Suitability and Credentialing Executive \n Agent.\nSEC. 3. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE \nINVESTIGATIONS.\n Not later than 90 days after the date of enactment of this Act, and \nquarterly thereafter for 5 years, the Director of the Bureau, in \ncoordination with the Director, shall submit to Congress a report on \nthe backlog of personnel security clearance investigations at the \nBureau for the most recent full calendar quarter, which shall include--\n (1) the size of the backlog of personnel security clearance \n investigations of the Bureau, including, for each sensitivity \n level--\n (A) the number of interim clearances granted;\n (B) the number of initial investigations for Federal \n employees;\n (C) the number of periodic reinvestigations for Federal \n employees;\n (D) the number of initial investigations for employees of \n Federal contractors;\n (E) the number of periodic reinvestigations for employees \n of Federal contractors;\n (F) the number of initial investigations for employees of, \n and employees of contractors of, the Department of Defense;\n (G) the number of periodic reinvestigations for employees \n of and employees of contractors of the Department of Defense;\n (H) the number of employees of the Bureau conducting \n background investigations for the Bureau; and\n (I) the number of employees of contractors of the Bureau \n conducting background investigations for the Bureau;\n (2) the average length of time, for each sensitivity level, for \n the Bureau to carry out an initial investigation and a periodic \n reinvestigation;\n (3) a discussion of the factors contributing to the average \n length of time to carry out an initial investigation and a periodic \n reinvestigation;\n (4) a backlog mitigation plan, which shall include--\n (A) the identification of the cause of, and recommendations \n to remedy, the backlog at the Bureau;\n (B) the steps the Director of the Bureau shall take to \n reduce the backlog;\n (C) process reforms to improve efficiencies in, and the \n quality of, background investigations by the Bureau; and\n (D) a projection of when the backlog at the Bureau will be \n sufficiently reduced to meet required timeliness standards; and\n (5) a description of improvements in the information and data \n security of the Bureau.\nSEC. 4. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PERSONNEL OF THE \nEXECUTIVE OFFICE OF THE PRESIDENT.\n Not later than 90 days after the date of enactment of this Act, the \nDirector of the Office of Administration of the Executive Office of the \nPresident, in coordination with the Director and the Director of the \nOffice, shall submit to Congress a report that explains the process for \nconducting and adjudicating security clearance investigations for \npersonnel of the Executive Office of the President, including personnel \nof the White House Office.\nSEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACKGROUND \nINVESTIGATION SYSTEMS.\n Not later than 120 days after the date of enactment of this Act, \nthe Director of the Office, in consultation with the other members of \nthe Suitability and Security Clearance Performance Accountability \nCouncil established under Executive Order 13467 (73 Fed. Reg. 38103) \nand the Under Secretary of Defense for Intelligence, shall submit to \nCongress a report on the cost of maintaining comprehensive background \ninvestigations capability within the Office under the control or \ndirection of the Bureau and a background investigations capability for \nDepartment of Defense personnel under the control or direction of the \nDepartment of Defense for implementation of the plan referenced in \nsection 925 of the National Defense Authorization Act for Fiscal Year \n2018 (Public Law 115-91), as compared to the cost of sustaining a \nsingle Government-wide background investigations enterprise.\nSEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECIPROCITY, AND TIMELINESS \nMEASURES.\n Not later than 120 days after the date of enactment of this Act, \nthe Director shall submit to Congress reports that provide--\n (1) the status of implementing continuous evaluation \n Government-wide, including--\n (A) the number of agencies with continuous evaluation \n programs and how many of those programs are currently \n conducting automated records checks of the required data \n sources as identified by the Director; and\n (B) a discussion of the barriers for agencies to implement \n continuous evaluation programs, including any requirement under \n a statute, regulation, Executive Order, or other administrative \n requirement;\n (2) a detailed explanation of efforts by agencies to meet \n requirements for reciprocal recognition to access classified \n information, including--\n (A) the range of the length of time for agencies to grant \n reciprocal recognition to access classified information;\n (B) additional requirements for reinvestigations or \n readjudications, by agency; and\n (C) any other barriers to the timely granting of \n reciprocity, by agency, including any requirement under a \n statute, regulation, Executive Order, or other administrative \n requirement; and\n (3) a review of whether the schedule for processing security \n clearances under section 3001 of the Intelligence Reform and \n Terrorism Prevention Act of 2004 (50 U.S.C. 3341) should be \n modified.\nSEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE.\n (a) Definitions.--In this section--\n (1) the term ``agency'' has the meaning given the term in \n Executive Order 13467 (73 Fed. Reg. 38103), or any successor \n thereto;\n (2) the term ``appropriate congressional committees'' means--\n (A) the Committee on Homeland Security and Governmental \n Affairs and the Select Committee on Intelligence of the Senate; \n and\n (B) the Committee on Oversight and Government Reform and \n the Permanent Select Committee on Intelligence of the House of \n Representatives;\n (3) the term ``background investigation'' means any \n investigation required for the purpose of determining the--\n (A) eligibility of a covered individual for logical and \n physical access to Federally controlled facilities or \n information systems;\n (B) suitability or fitness of a covered individual for \n Federal employment;\n (C) eligibility of a covered individual for access to \n classified information or to hold a national security sensitive \n position; or\n (D) fitness of a covered individual to perform work for or \n on behalf of the United States Government as a contractor \n employee; and\n (4) the term ``covered individual''--\n (A) means a person who performs work for or on behalf of \n the executive branch or seeks to perform work for or on behalf \n of the executive branch;\n (B) is not limited to Federal employees;\n (C) includes all persons, not excluded under subparagraph \n (D), who require eligibility for access to classified \n information or eligibility to hold a sensitive position, \n including, but not limited to, contractors, subcontractors, \n licensees, certificate holders, grantees, experts, consultants, \n and government employees; and\n (D) does not include--\n (i) the President;\n (ii) employees of the President under section 105 or \n 107 of title 3, United States Code (except to the extent \n otherwise directed by the President);\n (iii) the Vice President; or\n (iv) employees of the Vice President under section 106 \n of title 3, United States Code, or an annual legislative \n branch appropriations Act (except to the extent otherwise \n directed by the Vice President).\n (b) Review and Updating.--\n (1) Initial review and update of guidance.--Not later than 180 \n days after the date of enactment of this Act, the Director and the \n Director of the Office shall review and make recommendations to \n Congress and the President as appropriate to issue guidance to \n assist agencies in determining--\n (A) position sensitivity designation; and\n (B) the appropriate background investigation to initiate \n for each position designation.\n (2) Reviews and revisions of position designations.--Not less \n frequently than every 4 years, the President, acting through \n relevant agencies (as determined by the President) and in \n accordance with the guidance described in paragraph (1), shall \n review and, if necessary, revise the position designation of \n positions within agencies.\n (c) Reports to Congress.--Not later than 30 days after completing a \nreview under subsection (b)(2), the President shall submit to the \nappropriate congressional committees a report on--\n (1) any issues identified in the review; and\n (2) the number of position designations revised as a result of \n the review.\n (d) No Change in Authority.--Nothing in this section limits or \nexpands the authority of any agency to designate a position as \nsensitive or as requiring its occupant to have access to classified \ninformation.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Securely Expediting Clearances Through Reporting Transparency Act of 2018 or the SECRET Act of 2018 This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on itsnbsp. Backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog. The Executive Office of the Presidentnbsp. Must report on the process for conducting and adjudicating security clearance investigations fornbsp, the President's staff. nbsp. The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified. The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1)nbsp. Position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.","title":"Securely Expediting Clearances Through Reporting Transparency Act of 2017","text_len":10477,"sum_len":1614} {"bill_id":"111_hr6455","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Opportunity Tax Credit \nExtension Act of 2010''.\n\nSEC. 2. INCREASES IN HOPE SCHOLARSHIP CREDIT MADE PERMANENT.\n\n (a) In General.--Subparagraphs (A) and (B) of section 25A(b)(1) of \nthe Internal Revenue Code of 1986 (relating to Hope Scholarship Credit) \nare amended to read as follows:\n ``(A) 100 percent of so much of the qualified \n tuition and related expenses paid by the taxpayer \n during the taxable year (for education furnished to the \n eligible student during any academic period beginning \n in such taxable year) as does not exceed $2,000, plus\n ``(B) 25 percent of such expenses so paid as \n exceeds $2,000 but does not exceed the applicable \n limit.''.\n (b) Credit Allowed for First 4 Years of Post-Secondary Education.--\nSubparagraphs (A) and (C) of section 25A(b)(2) of such Code are amended \nby striking ``2'' each place it appears and inserting ``4''.\n (c) Qualified Tuition and Related Expenses To Include Required \nCourse Materials.--Subparagraph (A) of section 25A(f)(1) of such Code \nis amended by striking ``and fees'' and inserting ``, fees, and course \nmaterials''.\n (d) Increase in AGI Limits.--\n (1) In general.--Paragraph (2) of section 25A(d) of such \n Code is amended to read as follows:\n ``(2) Amount of reduction.--\n ``(A) Hope scholarship credit.--In the case of the \n Hope Scholarship Credit, the amount determined under \n this paragraph is the amount which bears the same ratio \n to the credit which would be determined under \n subsection (a)(1) (without regard to this subsection) \n as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) $80,000 ($160,000 in the \n case of a joint return), bears to\n ``(ii) $10,000 ($20,000 in the case of a \n joint return).\n ``(B) Lifetime learning credit.--In the case of the \n Lifetime Learning Credit, the amount determined under \n this paragraph is the amount which bears the same ratio \n to the credit which would be determined under \n subsection (a)(2) (without regard to this subsection) \n as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) $40,000 ($80,000 in the case \n of a joint return), bears to\n ``(ii) $10,000 ($20,000 in the case of a \n joint return).''.\n (2) Conforming amendments to inflation adjustments.--\n (A) Amount of credit.--Subparagraph (A) of section \n 25A(h)(1) of such Code is amended--\n (i) by striking ``2001'' and inserting \n ``2010'',\n (ii) by striking ``calendar year 2000'' and \n inserting ``calendar year 2009'', and\n (iii) by striking ``$1,000'' and inserting \n ``$2,000''.\n (B) Income limits.--\n (i) Paragraph (2) of section 25A(h) of such \n Code is amended by redesignating subparagraphs \n (A) and (B) as subparagraphs (B) and (C), \n respectively, and by inserting before \n subparagraph (B) (as so redesignated) the \n following new subparagraph:\n ``(A) Hope scholarship credit.--In the case of a \n taxable year beginning after 2010, the $80,000 and \n $160,000 amounts in subsection (d)(2)(A) shall each be \n increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2009' \n for `calendar year 1992' in subparagraph (B) \n thereof.''.\n (ii) Subparagraph (B) of section 25A(h)(2) \n of such Code, as redesignated by clause (i), is \n amended--\n (I) by striking ``In General'' in \n the heading and inserting ``Lifetime \n Learning Credit'', and\n (II) by striking ``subsection \n (d)(2)'' and inserting ``subsection \n (d)(2)(B)''.\n (C) Rounding.--Subparagraph (C) of section \n 25A(h)(2) of such Code, as redesignated by subparagraph \n (B)(i), is amended by inserting ``or (B)'' after \n ``subparagraph (A)''.\n (e) Credit Allowed Against Minimum Tax, Etc.--\n (1) In general.--Subsection (i) of section 25A of such Code \n is amended by striking paragraphs (1), (2), (3), (4), and (7) \n and by redesignating paragraphs (5) and (6) as paragraphs (1) \n and (2), respectively.\n (2) Paragraph (2) of section 25A(i) of such Code, as \n redesignated by paragraph (1), is amended--\n (A) by striking ``paragraph (4)'' and inserting \n ``subsection (d)'', and\n (B) by striking ``paragraph (5)'' and inserting \n ``paragraph (1)''.\n (3) The heading for such subsection (i) is amended to read \n as follows:\n ``(i) Hope Scholarship Credit Allowed Against Minimum Tax; Portion \nof Credit Made Refundable.--''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2010.","summary":"American Opportunity Tax Credit Extension Act of 2010 - Amends the Internal Revenue Code, with respect to the Hope Scholarship tax credit, to: (1) make permanent increases in the amount of such tax credit. (2) allow such credit for the first four years of post-secondary education. (3) include course materials in the definition of qualified tuition and related expenses for purposes of such credit. (4) increase adjusted gross income levels for purposes of determining eligibility for such credit and the lifetime learning tax credit. And (5) allow such credit as an offset against the alternative minimum tax (AMT).","title":"To amend the Internal Revenue Code of 1986 to permanently extend the American opportunity tax credit increases made to the Hope Scholarship Credit.","text_len":6608,"sum_len":617} {"bill_id":"112_s1272","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southern New Mexico and El Paso, \nTexas, Veterans Traumatic Brain Injury Care Improvement Act of 2011''.\n\nSEC. 2. REPORT ON ESTABLISHMENT OF POLYTRAUMA REHABILITATION CENTER OR \n POLYTRAUMA NETWORK SITE OF DEPARTMENT OF VETERANS AFFAIRS \n IN SOUTHERN NEW MEXICO AND EL PASO, TEXAS, REGION.\n\n (a) Findings.--Congress makes the following findings:\n (1) The military population of the southern New Mexico and \n El Paso, Texas, region has grown greatly since the United \n States has been involved in military operations in Iraq and \n Afghanistan and members of the Armed Forces returning from such \n operations to such region will require care at polytrauma \n centers as a result of their involvement with such operations.\n (2) The population at Fort Bliss in Texas and New Mexico is \n expected to grow from 9,300 members of the Armed Forces in 2005 \n to an estimated 33,400 members of the Armed Forces by 2012 \n because of the ongoing expansion of Fort Bliss.\n (3) Traumatic brain injury has become known as one of the \n signature wounds of service in the Armed Forces in Iraq and \n Afghanistan because of its high occurrence among veterans of \n such service. Many members of the Armed Forces returning to the \n El Paso, Texas, and southern New Mexico region from overseas \n service in the Armed Forces are expected to suffer from \n traumatic brain injury or other forms of injury requiring \n treatment at a polytrauma rehabilitation center or polytrauma \n network site.\n (4) A recent RAND Corporation study estimates that as many \n as 20 percent of the veterans who served in the Armed Forces in \n Iraq and Afghanistan have a traumatic brain injury as a result \n of such service, and many of these veterans require ongoing \n care for mild, moderate, or severe traumatic brain injury.\n (5) The Department of Veterans Affairs recommends that all \n veterans experiencing a polytraumatic injury be referred to a \n polytrauma rehabilitation center or polytrauma network site of \n the Department.\n (6) The polytrauma system of care of the Department \n includes 4 polytrauma rehabilitation centers and 21 polytrauma \n network sites, none of which are located within 300 miles \n driving distance of Fort Bliss, White Sands Missile Range, or \n Holloman Air Force Base.\n (7) The large military population in the southern New \n Mexico and El Paso, Texas, region necessitates a new polytrauma \n rehabilitation center or polytrauma network site of the \n Department to deal with the significant hardships veterans \n residing in such region require.\n (b) Report.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary of Veterans Affairs \n shall submit to Congress a report on the feasibility and \n advisability of establishing a polytrauma rehabilitation center \n or polytrauma network site of the Department of Veterans \n Affairs in the southern New Mexico and El Paso, Texas, region \n that is within a reasonable driving distance of Fort Bliss, \n White Sands Missile Range, and Holloman Air Force Base.\n (2) Requirements.--The report required by paragraph (1) \n shall include the following:\n (A) An assessment of the adequacy of existing \n Department facilities in the southern New Mexico and El \n Paso, Texas, region to address matters that are \n otherwise addressed by polytrauma rehabilitation \n centers and polytrauma network sites of the Department.\n (B) A comparative assessment of the effectiveness \n of rehabilitation programs for individuals with \n traumatic brain injuries in urban areas with the \n effectiveness of such programs for individuals with \n traumatic brain injuries in rural and frontier \n communities.\n (C) An assessment of whether therapies that can \n prevent or remediate the development of secondary \n neurologic conditions related to traumatic brain injury \n can be interrupted by stress caused by living in an \n urban area.\n (D) The relation of high cost of living to the \n recovery of veterans and the impact on their families \n in comparison to recovery in an area where there is a \n lower cost of living.\n (3) Locations.--In preparing the report required by \n paragraph (1), the Secretary shall consider and evaluate \n various locations for the potential location of a new \n polytrauma rehabilitation center or polytrauma network site. \n One location receiving such consideration and evaluation shall \n be the Fort Bayard Medical Center in Grant County, New Mexico.\n (4) Consultation.--In preparing the report required by \n paragraph (1), the Secretary shall consult with appropriate \n State and local government agencies in the southern New Mexico \n and El Paso, Texas, region.","summary":"Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011 - Directs the Secretary of Veterans Affairs to report to Congress on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site of the Department of Veterans Affairs (VA) in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. Requires the Fort Bayard Medical Center in Grant County, New Mexico, to be evaluated as a potential location for such a Center or Site.","title":"A bill to require the Secretary of Veterans Affairs to submit to Congress a report on the feasibility and advisability of establishing of a polytrauma rehabilitation center or polytrauma network site of the Department of Veterans Affairs in the southern New Mexico and El Paso, Texas, region, and for other purposes.","text_len":5503,"sum_len":629} {"bill_id":"112_hr4458","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Upper Mississippi \nRiver Basin Protection Act''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Reliance on scientific knowledge.\n TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK\n\nSec. 101. Establishment of monitoring network.\nSec. 102. Data collection and storage responsibilities.\nSec. 103. Relationship to existing sediment and nutrient monitoring and \n assessment.\nSec. 104. Collaboration with other public and private monitoring \n efforts.\nSec. 105. Reporting requirements.\nSec. 106. National research council assessment.\n TITLE II--COMPUTER MODELING AND RESEARCH\n\nSec. 201. Computer modeling and research of sediment and nutrient \n sources.\nSec. 202. Communication plan to distribute information.\nSec. 203. Reporting requirements.\n TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS\n\nSec. 301. Authorization of appropriations.\nSec. 302. Cost-sharing requirements.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The terms ``Upper Mississippi River Basin'' and \n ``Basin'' mean the watershed portion of the Upper Mississippi \n River and Illinois River basins, from Cairo, Illinois, to the \n headwaters of the Mississippi River, in the States of \n Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The \n designation includes the Kaskaskia watershed along the Illinois \n River and the Meramec watershed along the Missouri River.\n (2) The terms ``Upper Mississippi River Stewardship \n Initiative'' and ``Initiative'' mean the activities authorized \n or required by this Act to monitor nutrients and sediment in \n the Upper Mississippi River Basin.\n\nSEC. 3. RELIANCE ON SCIENTIFIC KNOWLEDGE.\n\n Federal investments in the Upper Mississippi River Basin shall be \nguided by accepted and documented scientific methods, including the use \nof documented protocols for data collection and data analysis, and peer \nreview of data, results, and findings, and shall take into account the \nresults of studies using accepted and documented scientific methods to \nidentify and quantify the sources, transport, and fate of nutrients and \nsediment and to quantify the effect of various treatment methods or \nconservation measures on nutrient and sediment management.\n\n TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK\n\nSEC. 101. ESTABLISHMENT OF MONITORING NETWORK.\n\n (a) Establishment.--As part of the Upper Mississippi River \nStewardship Initiative, the Secretary of the Interior shall establish a \nsediment and nutrient monitoring network for the Upper Mississippi \nRiver Basin for the purposes of--\n (1) identifying and quantifying significant sources of \n sediment and nutrients in the Upper Mississippi River Basin;\n (2) quantifying the processes affecting mobilization, \n transport, and fate of those sediments and nutrients on land \n and in water;\n (3) quantifying the transport of those sediments and \n nutrients to and through the Upper Mississippi River Basin;\n (4) quantifying changes to sediment and nutrient \n concentrations and loads over time; and\n (5) coordinating with other Federal, State, tribal, and \n local agencies on the acquisition of data to be used in \n computer modeling of the Basin, pursuant to section 201.\n (b) Role of United States Geological Survey.--The Secretary of the \nInterior shall carry out this title acting through the office of the \nDirector of the United States Geological Survey.\n\nSEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.\n\n (a) Guidelines for Data Collection and Storage.--The Secretary of \nthe Interior shall establish guidelines for the effective design of \ndata collection activities regarding sediment and nutrient monitoring, \nfor the use of suitable and consistent methods for data collection, and \nfor consistent reporting, data storage, and archiving practices.\n (b) Release of Data.--Data resulting from sediment and nutrient \nmonitoring and the compilation of ancillary information in the Upper \nMississippi River Basin shall be released to the public using generic \nstation identifiers and hydrologic unit codes. In the case of a \nmonitoring station located on private lands, information regarding the \nlocation of the station shall not be disseminated without the \nlandowner's permission.\n\nSEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING AND \n ASSESSMENT.\n\n (a) Inventory.--To the maximum extent practicable, the Secretary of \nthe Interior shall inventory the sediment and nutrient monitoring \nefforts in existence as of the date of the enactment of this Act of \nFederal, State, tribal, local, and nongovernmental entities for the \npurpose of creating a baseline understanding of overlap, data gaps and \nredundancies.\n (b) Integration.--On the basis of the inventory, the Secretary of \nthe Interior shall integrate the existing sediment and nutrient \nmonitoring efforts, to the maximum extent practicable, into the \nsediment and nutrient monitoring network required by section 101.\n (c) Consultation and Use of Existing Data.--In carrying out this \nsection, the Secretary of the Interior shall make maximum use of data \nin existence as of the date of the enactment of this Act and of ongoing \nprograms and efforts of Federal, State, tribal, local, and \nnongovernmental entities in developing the sediment and nutrient \nmonitoring network required by section 101.\n (d) Coordination With Long-Term Estuary Assessment Project.--The \nSecretary of the Interior shall carry out this section in coordination \nwith the long-term estuary assessment project authorized by section 902 \nof the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 \nU.S.C. 2901 note).\n\nSEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING \n EFFORTS.\n\n To establish the sediment and nutrient monitoring network, the \nSecretary of the Interior shall collaborate, to the maximum extent \npracticable, with other Federal, State, tribal, local and private \nsediment and nutrient monitoring and assessment programs that meet \nguidelines prescribed under section 102(a), as determined by the \nSecretary.\n\nSEC. 105. REPORTING REQUIREMENTS.\n\n The Secretary of the Interior shall report to Congress not later \nthan 180 days after the date of the enactment of this Act on the \ndevelopment of the sediment and nutrient monitoring network.\n\nSEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.\n\n The National Research Council of the National Academy of Sciences \nshall conduct a comprehensive water resources assessment of the Upper \nMississippi River Basin within 3 years after the date of the enactment \nof this Act.\n\n TITLE II--COMPUTER MODELING AND RESEARCH\n\nSEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT \n SOURCES.\n\n (a) Modeling Program Required.--As part of the Upper Mississippi \nRiver Stewardship Initiative, the Director of the United States \nGeological Survey shall develop and implement a plan to improve \nexisting water-quality models to identify and quantify significant \nsources of sediment and nutrients in the Upper Mississippi River Basin \nat the subwatershed (12-digit Hydrologic Unit Code) scale.\n (b) Role.--Computer modeling shall be used to identify \nsubwatersheds which are significant sources of sediment and nutrients \nand shall be made available for the purposes of targeting public and \nprivate sediment and nutrient management efforts.\n (c) Components.--Sediment and nutrient models for the Upper \nMississippi River Basin shall--\n (1) relate nutrient sources to landscape, land use, and \n land management practices;\n (2) relate sediment sources to landscape, land use, and \n land management practices; and\n (3) quantify river channel nutrient and sediment transport \n and transformation processes.\n (d) Collection of Ancillary Information.--Ancillary information \nshall be collected, by remote sensing or other appropriate means, in a \nGIS format to support modeling and management use of modeling results, \nincluding the following:\n (1) Land use data.\n (2) Soils data.\n (3) Elevation data.\n (4) Hydrologic modifications.\n (5) Information on sediment and nutrient management actions \n including conservation tillage practices and other Best \n Management Practices.\n (6) Estimates of loads of nutrients from point sources and \n key nonpoint sources, including commercial fertilizer, \n applications of manure, geologic sources, and atmospheric \n deposition.\n\nSEC. 202. COMMUNICATION PLAN TO DISTRIBUTE INFORMATION.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Director of the United States Geological Survey shall \nestablish a communication plan that includes use of the Internet to \nprovide information including the following:\n (1) Accomplishments of public and private programs designed \n to manage sediment and nutrients in the Upper Mississippi River \n Basin.\n (2) Seasonal and annual concentrations and loads of \n sediment and nutrients in the Upper Mississippi River and its \n tributaries.\n\nSEC. 203. REPORTING REQUIREMENTS.\n\n (a) Monitoring Activities.--Commencing one year after the date of \nthe enactment of this Act, the Director of the United States Geological \nSurvey shall provide to Congress and make available to the public an \nannual report that includes data and information on concentrations and \nloads of nutrients and sediment derived from monitoring activities \nconducted in the Upper Mississippi River Basin.\n (b) Modeling Activities.--Every five years, the Director of the \nUnited States Geological Survey shall provide to Congress and make \navailable to the public a progress report assessing changes in nutrient \nand sediment concentrations and loads in relation to such factors as \nclimate variability and changes in land and water management practices.\n\n TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS\n\nSEC. 301. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) United States Geological Survey Activities.--There is \nauthorized to be appropriated to the United States Geological Survey \n$6,250,000 each fiscal year to carry out this Act (other than section \n106).\n (b) Water Resource and Water Quality Management Assessment.--There \nis authorized to be appropriated $650,000 to allow the National \nResearch Council to perform the assessment required by section 106.\n\nSEC. 302. COST-SHARING REQUIREMENTS.\n\n Funds made available for the United States Geological Survey \nCooperative Water Program under section 301(a) shall be subject to the \nsame cost-sharing requirements as specified in the last proviso under \nthe heading ``United States Geological Survey--surveys, investigations, \nand research'' of the Department of the Interior, Environment, and \nRelated Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. \n510; 43 U.S.C. 50).","summary":"Upper Mississippi River Basin Protection Act - Requires federal investments in the Upper Mississippi River Basin to be guided by accepted and documented scientific methods and to take into account the results of studies using such methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of treatment methods or conservation measures on nutrient and sediment management. Directs the Secretary of the Interior, as part of an Upper Mississippi River Stewardship Initiative and acting through the US Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Basin. Directs the Secretary to: (1) establish guidelines for related data collection and storage activities. (2) inventory the sediment and monitoring efforts of governmental, tribal, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies. (3) integrate such monitoring efforts into the sediment and nutrient monitoring network. And (4) collaborate with other public, tribal, and private monitoring and assessment programs in establishing the monitoring network. Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS: (1) as part of the Initiative, to develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Basin at the subwatershed scale. (2) to establish a communication plan that includes use of the Internet to provide information on accomplishments of public and private programs designed to manage sediment and nutrients in the Basin and on seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries. And (3) provide an annual report that includes information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Basin.","title":"To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrients in the Upper Mississippi River Basin, and for other purposes.","text_len":11458,"sum_len":2059} {"bill_id":"113_hr827","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Security for Investors and \nProviding Closure Act of 2013'' or the ``Improving SIPC Act of 2013''.\n\nSEC. 2. CUSTOMER PAYMENT DURING PENDING ACTION.\n\n (a) In General.--Section 11 of the Securities Investor Protection \nAct of 1970 (15 U.S.C. 78ggg) is amended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following:\n ``(c) Customer Payment During Pending Action.--\n ``(1) One-time payment permitted.--\n ``(A) In general.--At the time that an action is \n initiated under subsection (b), SIPC may choose to \n allow all customers of the debtor to elect to receive a \n one-time payment from the SIPC Fund.\n ``(B) Customer election.--If SIPC allows customers \n to make the election described under subparagraph (A), \n each customer choosing to make such election must make \n such election during the action brought under \n subsection (b), but in no case later than the 180-day \n period beginning on the date that SIPC chooses to allow \n such election.\n ``(2) Method of payment.--\n ``(A) In general.--To the extent practicable, one-\n time payments made under this subsection shall be made \n in the same manner as payments of net equity claims of \n customers of a debtor are made under the other \n provisions of this Act.\n ``(B) Payment amount limited to claims.--The amount \n paid to a customer under this subsection shall be equal \n to the lesser of--\n ``(i) the customer's net equity claim \n against the debtor; and\n ``(ii) the cap set under paragraph (3).\n ``(3) Cap on one-time payments.--At the time the action is \n initiated under subsection (b), SIPC shall set a cap on the \n amount of one-time payments that can be made under this \n subsection, and such cap--\n ``(A) shall not exceed $500,000; and\n ``(B) shall apply equally to all customers of the \n debtor.\n ``(4) Effect of election.--\n ``(A) No sipc advance.--Section 9(a) shall not \n apply with respect to any customer who receives a one-\n time payment under this subsection.\n ``(B) Subrogation.--With respect to any customer \n who receives a one-time payment under this subsection, \n SIPC shall be subrogated to all rights of such customer \n against the debtor once the customer recovers an amount \n equal to the customer's net equity claim against the \n debtor.\n ``(5) Notice; technical assistance.--If SIPC allows \n customers to make the election described under paragraph \n (1)(A), SIPC shall--\n ``(A) promptly notify each customer of the debtor \n of their rights under this subsection; and\n ``(B) provide technical assistance to such \n customers to determine if they should make an election \n under paragraph (1)(B).\n ``(6) Treatment of certificates of deposit.--For purposes \n of this subsection, a certificate of deposit purchased by a \n person through an account with the debtor shall be treated as \n cash deposited and held by the debtor in an amount equal to the \n amount the person paid for the certificate of deposit, less any \n amounts paid to such person on the certificate of deposit.\n ``(7) Judicial review of certain sipc determinations.--With \n respect to any person who is not permitted to make an election \n under this subsection because SIPC does not identify them as a \n customer of the debtor, such person may commence an action \n against SIPC in the appropriate United States district court to \n challenge the determination by SIPC that they are not a \n customer of the debtor.\n ``(8) Rulemaking.--SIPC may issue such regulations as may \n be necessary to carry out this subsection.\n ``(9) Debtor defined.--For purposes of this subsection, the \n term `debtor' means the broker or dealer that is the subject of \n the action brought under subsection (b).''.\n (b) Application.--With respect to an ongoing action brought under \nsection 11(b) of the Securities Investor Protection Act of 1970 (15 \nU.S.C. 78ggg(b)) before the date of the enactment of this Act, the \ncustomer election available under section 11(c) of such Act may be made \nduring the 180-day period beginning on the date of the enactment of \nthis Act.\n (c) Rule of Construction.--A person's qualification as a customer \nfor purposes of section 11(c) of the Securities Investor Protection Act \nof 1970 shall have no effect on whether such person qualifies as a \ncustomer under any other provision of such Act.","summary":"Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a US district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member . Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund. Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments. Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD. Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court.","title":"Improving SIPC Act of 2013","text_len":5340,"sum_len":1467} {"bill_id":"112_hr2334","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Problem Gambling Act \nof 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Problem gambling is a public health disorder \n characterized by increasing preoccupation with gambling, loss \n of control, restlessness or irritability when attempting to \n stop gambling, and continuation of the gambling behavior in \n spite of mounting, serious, negative consequences.\n (2) Over 6,000,000 adults met criteria for a gambling \n problem last year.\n (3) The estimated social cost to families and communities \n from bankruptcy, divorce, job loss, and criminal justice costs \n associated with problem gambling was $6,700,000,000 last year.\n (4) Problem gambling is associated with higher incidences \n of bankruptcy, domestic abuse, and suicide.\n (5) People who engage in problem gambling have high rates \n of co-occurring substance abuse and mental health disorders.\n (6) In response to current budget shortfalls, many States \n are considering enacting or have enacted legislation to expand \n legal gambling activities with the intent of raising State \n revenues.\n (7) The Substance Abuse and Mental Health Services \n Administration is the lead Federal agency for substance abuse \n and mental health services.\n (8) There are no agencies or individuals in the Federal \n Government with formal responsibility for problem gambling.\n\nSEC. 3. INCLUSION OF AUTHORITY TO TREAT GAMBLING IN SAMHSA AUTHORITIES.\n\n Section 501(d) of the Public Health Service Act (42 U.S.C. \n290aa(d)) is amended--\n (1) by striking ``and'' at the end of paragraph (17);\n (2) by striking the period at the end of paragraph (18) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(19) establish and implement programs for the prevention, \n treatment, and research of pathological and other problem \n gambling.''.\n\nSEC. 4. PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING.\n\n Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) \nis amended--\n (1) by redesignating part G (42 U.S.C. 290kk et seq.), \n relating to services provided through religious organizations \n and added by section 144 of the Community Renewal Tax Relief \n Act of 2000 (114 Stat. 2763A-619), as enacted into law by \n section 1(a)(7) of Public Law 106-554, as part J;\n (2) by redesignating sections 581 through 584 of that part \n J as sections 596 through 596C, respectively; and\n (3) by adding at the end the following:\n\n ``PART K--PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING\n\n``SEC. 597. PUBLIC AWARENESS.\n\n ``(a) In General.--The Secretary, acting through the Administrator, \nshall carry out a national campaign to increase knowledge and raise \nawareness within the general public with respect to problem gambling \nissues. In carrying out the campaign, the Secretary shall carry out \nactivities that include augmenting and supporting existing (as of the \ndate of the support) national campaigns and producing and placing \npublic service announcements.\n ``(b) Voluntary Donations.--In carrying out subsection (a), the \nSecretary may--\n ``(1) coordinate the voluntary donation of, and administer, \n resources to assist in the implementation of new programs and \n the augmentation and support of existing national campaigns to \n provide national strategies for dissemination of information, \n intended to treat problem gambling, from--\n ``(A) television, radio, motion pictures, cable \n communications, and the print media;\n ``(B) the advertising industry;\n ``(C) the business sector of the United States; and\n ``(D) professional sports organizations and \n associations; and\n ``(2) encourage media outlets throughout the country to \n provide information, aimed at preventing problem gambling, \n including public service announcements, documentary films, and \n advertisements.\n ``(c) Focus.--In carrying out subsection (a), the Secretary shall \ntarget radio and television audiences of events including sporting and \ngambling events.\n ``(d) Evaluation.--In carrying out subsection (a), the Secretary \nshall evaluate the effectiveness of activities under this section. The \nSecretary shall submit a report to the President and Congress \ncontaining the results of the evaluation.\n\n``SEC. 597A. RESEARCH.\n\n ``(a) In General.--The Secretary, acting through the Administrator, \nshall establish and implement a national program of research on problem \ngambling.\n ``(b) National Gambling Impact Study Commission Report.--In \ncarrying out this section, the Secretary shall consider the \nrecommendations that appear in chapter 8 of the June 18, 1999, report \nof the National Gambling Impact Study Commission.\n\n``SEC. 597B. TREATMENT.\n\n ``The Secretary shall develop a treatment improvement protocol \nspecific to problem gambling.\n\n``SEC. 597C. PREVENTION.\n\n ``The Secretary, acting through the Administrator, shall integrate \nproblem gambling into existing alcohol, tobacco and other drug \nprevention programs, where practical.''.","summary":"Comprehensive Problem Gambling Act of 2011 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to: (1) establish and implement programs for the prevention, treatment, and research of pathological and other problem gambling. (2) carry out a national campaign to increase knowledge and raise awareness of problem gambling. And (3) establish and implement a national program of research on problem gambling. Authorizes the Administrator, in carrying out the national campaign, to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting and supporting existing national campaigns, and (2) encourage media outlets to provide information aimed at preventing problem gambling. Requires the Administrator to target radio and television audiences of events including sporting and gambling events. Directs: (1) the Secretary of Health and Human Services (HHS) to develop a treatment improvement protocol for problem gambling. And (2) the Administrator to integrate problem gambling into existing alcohol, tobacco, and other drug prevention programs where practical.","title":"To amend the Public Health Service Act to specifically include, in programs of the Substance Abuse and Mental Health Services Administration, programs to research, prevent, and treat the harmful consequences of pathological and other problem gambling, and for other purposes.","text_len":5542,"sum_len":1201} {"bill_id":"111_hr6320","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Export Support Act of \n2010''.\n\nSEC. 2. EXPORT LICENSING COMPLIANCE ASSISTANCE BY COMMERCIAL SERVICE \n DISTRICT OFFICES.\n\n Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) \nis amended--\n (1) in subsection (b)--\n (A) in paragraph (8), by striking ``; and'' and \n inserting a semicolon;\n (B) in paragraph (9), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(10) providing small businesses and medium-sized \n businesses with support, training, education, and compliance \n assistance regarding export licensing requirements.''; and\n (2) in subsection (c)(3)--\n (A) by inserting ``(A)'' before ``The Secretary \n shall''; and\n (B) by adding at the end the following new \n subparagraphs:\n ``(B) The Secretary shall assign export licensing \n compliance specialists to at least 20 district offices (or, at \n any time when there are 20 or fewer such offices, to all such \n offices). Such export licensing compliance specialists shall \n provide small businesses and medium-sized businesses with \n support, training, education, and compliance assistance \n regarding export licensing requirements.\n ``(C) In determining whether to assign an export licensing \n compliance specialist to a district office under subparagraph \n (B), the Secretary shall take into account the need for such \n assistance of the small businesses and medium-sized businesses \n in the region served by the office. In assessing such need, the \n Secretary shall consider such indicators of the small business \n and medium-sized business industrial base in the region as the \n Secretary considers appropriate, including the number of small \n businesses and medium-sized businesses in the region that have \n been issued export licenses.''.\n\nSEC. 3. ANNUAL REVIEWS OF COMMERCIAL SERVICE DISTRICT OFFICE STAFFING.\n\n (a) In General.--Not later than 60 days after the end of each \nfiscal year that ends after the date of the enactment of this Act, the \nSecretary of Commerce shall complete a review, with respect to such \nfiscal year, of the level of staffing at each district office of the \nUnited States and Foreign Commercial Service established under section \n2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. \n4721(c)(3)(A)) to determine, for the fiscal year that begins after the \ndate of the completion of the review, the level of staffing at each \noffice that will enable such office to effectively serve small \nbusinesses and medium-sized businesses.\n (b) Elements of Review.--A review under subsection (a) shall \ninclude with respect to each district office--\n (1) a determination of the number of staff employed in the \n office during the fiscal year in which the review is completed \n and during each of the preceding 9 fiscal years;\n (2) a determination of the need of small businesses and \n medium-sized businesses in the region served by the office for \n the services and assistance described in section 2301(b) of the \n Export Enhancement Act of 1988 (15 U.S.C. 4721(b)), as \n indicated by factors including--\n (A) the volume of requests made by small businesses \n and medium-sized businesses to the office for such \n services and assistance;\n (B) the number of small businesses and medium-sized \n businesses in the region that have been issued export \n licenses; and\n (C) such other indicators of the small business and \n medium-sized business industrial base in the region as \n the Secretary considers appropriate;\n (3) an assessment of the overall performance of the office \n in providing such services and assistance to small businesses \n and medium-sized businesses;\n (4) an assessment of whether any changes should be made in \n the number of staff employed in the office for the fiscal year \n that begins after the date of the completion of the review, \n including whether, based on the determination under paragraph \n (2), an export licensing compliance specialist should be \n assigned (or continue to be assigned) to the office under \n section 2301(c)(3)(B) of such Act (15 U.S.C. 4721(c)(3)(B));\n (5) an assessment of whether any changes in funding for the \n office for such fiscal year will be necessary to implement any \n changes identified under paragraph (4); and\n (6) such other elements as the Secretary considers \n appropriate.\n (c) Inclusion in President's Budget Submission to Congress.--\n (1) Submission by secretary to president.--For each fiscal \n year with respect to which a review is completed under \n subsection (a), the Secretary shall prepare a report on the \n review and shall include the report in the submission to the \n President of materials relating to the budget of the Department \n of Commerce for the fiscal year that begins after the date of \n the completion of the review. The Secretary shall include in \n the report a statement that--\n (A) assesses the consistency of any budgetary \n requests made by the Secretary in the submission with \n the conclusions in the review regarding appropriate \n levels of staffing and funding; and\n (B) justifies any inconsistencies between the \n requests and the conclusions.\n (2) Submission by president to congress.--The President \n shall include the report submitted under paragraph (1) in the \n budget of the United States Government submitted to Congress \n under section 1105(a) of title 31, United States Code, for the \n fiscal year that begins after the date of the submission of the \n report to the President by the Secretary. The President shall \n attach to the report an addendum that--\n (A) assesses the consistency of the budget with the \n conclusions in the review regarding appropriate levels \n of staffing and funding; and\n (B) justifies any inconsistencies between the \n budget and the conclusions.\n\nSEC. 4. DESIGNATION OF EXPORT LICENSING COORDINATORS.\n\n (a) In General.--Each official described in subsection (c) shall \ndesignate an export licensing coordinator for the department or agency \nof the official. The export licensing coordinator for a department or \nagency shall be an individual who exercises significant decisionmaking \nauthority in the department or agency.\n (b) Duties.--The export licensing coordinator designated for a \ndepartment or agency under subsection (a) shall devise, encourage, and \ncoordinate activities by the department or agency that provide small \nbusinesses and medium-sized businesses with support, training, \neducation, and compliance assistance regarding export licensing \nrequirements.\n (c) Officials Described.--The officials described in this \nsubsection are the following:\n (1) The Secretary of Commerce.\n (2) The Secretary of Defense.\n (3) The Secretary of State.\n (4) The Secretary of the Treasury.\n (5) The Administrator of the Small Business Administration.\n\nSEC. 5. INTERAGENCY TASK FORCE ON EXPORT CONTROL ASSISTANCE AND RELIEF \n FOR SMALL AND MEDIUM-SIZED BUSINESSES.\n\n (a) Establishment.--There is established in the Department of \nCommerce an Interagency Task Force on Export Control Assistance and \nRelief for Small and Medium-Sized Businesses (in this section referred \nto as the ``Task Force'').\n (b) Duties of Task Force.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act and annually thereafter, the Task \n Force shall submit to Congress a report containing--\n (A) recommendations for improving the support, \n training, education, and compliance assistance \n regarding export licensing requirements provided to \n small businesses and medium-sized businesses by the \n Federal Government, including recommendations regarding \n any increases in the amount or changes in the \n allocation of resources for such support, training, \n education, and compliance assistance;\n (B) recommendations for changes to such \n requirements to improve opportunities for small \n businesses and medium-sized businesses to export goods \n and services from the United States; and\n (C) such other recommendations as the Task Force \n considers appropriate.\n (2) Input from businesses.--The Task Force shall consult \n with small businesses and medium-sized businesses in preparing \n the report required by paragraph (1).\n (c) Membership.--\n (1) In general.--The Task Force shall be composed of the \n officials described in section 4(c).\n (2) Compensation.--A member of the Task Force may not \n receive pay, allowances, or benefits by reason of service on \n the Task Force in addition to pay, allowances, or benefits by \n reason of service as an officer of the United States in the \n capacity listed in section 4(c) in which the member serves.\n (3) Chairperson.--The Chairperson of the Task Force shall \n be elected by the members.\n (4) Quorum.--Three members of the Task Force shall \n constitute a quorum, but a lesser number may hold hearings.\n (d) Administrative and Support Services.--Upon the request of the \nChairperson, the Secretary of Commerce shall provide to the Task Force, \nwithout reimbursement, such administrative and support services, \nincluding details of personnel, as may be necessary to enable the Task \nForce to carry out its duties under this section.\n\nSEC. 6. DEFINITIONS.\n\n (a) Small Business Defined.--In this Act, the term ``small \nbusiness'' means a small business concern, as defined under section 3 \nof the Small Business Act (15 U.S.C. 632).\n (b) Additional Definition for Sections 4 and 5.--In sections 4 and \n5, the term ``export licensing requirements'' includes export licensing \nrequirements under section 38 of the Arms Export Control Act (22 U.S.C. \n2778).","summary":"Small Business Export Support Act of 2010 - Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce to assign export licensing compliance specialists to at least 20 United States and Foreign Commercial Service district offices to provide small and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing, including arms export licensing, requirements. Directs the Secretary to review and report to the President annually on the level of staffing at each such district office in order to determine the level that will enable it to serve such businesses effectively. Requires each of the Secretaries of Commerce, of Defense (DOD), of State, and of the Treasury, as well as the Administrator of the Small Business Administration (SBA), to designate an export licensing coordinator who exercises significant decisionmaking authority in the respective department or agency. Requires the coordinator to devise, encourage, and coordinate department or agency activities providing small and medium-sized businesses with export licensing assistance under this Act. Establishes in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses to report annually to Congress its recommendations for improving such assistance.","title":"To improve the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses.","text_len":11049,"sum_len":1362} {"bill_id":"105_s1725","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Office of Surgeon General Sunset \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary for Health of the Department of \n Health and Human Services.\n (2) Federal agency.--The term ``Federal agency'' has the \n meaning given to the term ``agency'' by section 551(1) of title \n 5, United States Code.\n (3) Function.--The term ``function'' means any duty, \n obligation, power, authority, responsibility, right, privilege, \n activity, or program.\n (4) Office.--The term ``office'' includes any office, \n administration, agency, institute, unit, organizational entity, \n or component thereof.\n (5) Office of the assistant secretary.--The term ``Office \n of the Assistant Secretary'' means the Office of the Assistant \n Secretary for Health of the Department of Health and Human \n Services.\n\nSEC. 3. TERMINATION AND TRANSFER OF FUNCTIONS.\n\n (a) Termination.--The Office of the Surgeon General of the Public \nHealth Service and the position of such Surgeon General are terminated.\n (b) Transfer of Functions.--There are transferred to Office of the \nAssistance Secretary for Health all functions which the Surgeon General \nexercised before the date of the enactment of this Act (including all \nrelated functions of any officer or employee of the Office of the \nSurgeon General).\n\nSEC. 4. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT \n AND BUDGET.\n\n If necessary, the Office of Management and Budget shall make any \ndetermination of the functions that are transferred under section 3.\n\nSEC. 5. DELEGATION AND ASSIGNMENT.\n\n Except where otherwise expressly prohibited by law or otherwise \nprovided by this Act, the Assistant Secretary may delegate any of the \nfunctions transferred to the Assistant Secretary by this Act and any \nfunction transferred or granted to such Assistant Secretary after the \neffective date of this Act to such officers and employees of the Office \nof the Assistant Secretary as the Assistant Secretary may designate, \nand may authorize successive redelegations of such functions as may be \nnecessary or appropriate. No delegation of functions by the Assistant \nSecretary under this section or under any other provision of this Act \nshall relieve such Assistant Secretary of responsibility for the \nadministration of such functions.\n\nSEC. 6. REORGANIZATION.\n\n The Assistant Secretary is authorized to allocate or reallocate any \nfunction transferred under section 3 among the officers of the Office \nof the Assistant Secretary, and to establish, consolidate, alter, or \ndiscontinue such organizational entities in the Office of the Assistant \nSecretary as may be necessary or appropriate.\n\nSEC. 7. RULES.\n\n The Assistant Secretary is authorized to prescribe, in accordance \nwith the provisions of chapters 5 and 6 of title 5, United States Code, \nsuch rules and regulations as the Assistant Secretary determines \nnecessary or appropriate to administer and manage the functions of the \nOffice of the Assistant Secretary.\n\nSEC. 8. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.\n\n Except as otherwise provided in this Act, the personnel employed in \nconnection with, and the assets, liabilities, contracts, property, \nrecords, and unexpended balances of appropriations, authorizations, \nallocations, and other funds employed, used, held, arising from, \navailable to, or to be made available in connection with the functions \ntransferred by this Act, subject to section 1531 of title 31, United \nStates Code, shall be transferred to Office of the Assistant Secretary. \nUnexpended funds transferred pursuant to this section shall be used \nonly for the purposes for which the funds were originally authorized \nand appropriated.\n\nSEC. 9. INCIDENTAL TRANSFERS.\n\n (a) In General.--The Director of the Office of Management and \nBudget, at such time or times as the Director shall provide, is \nauthorized to make such determinations as may be necessary with regard \nto the functions transferred by this Act, and to make such additional \nincidental dispositions of personnel, assets, liabilities, grants, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds held, \nused, arising from, available to, or to be made available in connection \nwith such functions, as may be necessary to carry out the provisions of \nthis Act.\n (b) Termination of Affairs.--The Director of the Office of \nManagement and Budget shall provide for the termination of the affairs \nof all entities terminated by this Act and for such further measures \nand dispositions as may be necessary to effectuate the purposes of this \nAct.\n\nSEC. 10. EFFECT ON PERSONNEL.\n\n (a) In General.--Except as otherwise provided by this Act, the \ntransfer pursuant to this Act of full-time personnel (except special \nGovernment employees) and part-time personnel holding permanent \npositions shall not cause any such employee to be separated or reduced \nin grade or compensation for one year after the date of transfer of \nsuch employee under this Act.\n (b) Executive Schedule Positions.--Except as otherwise provided in \nthis Act, any person who, on the day preceding the effective date of \nthis Act, held a position compensated in accordance with the Executive \nSchedule prescribed in chapter 53 of title 5, United States Code, and \nwho, without a break in service, is appointed in the Office of the \nAssistant Secretary to a position having duties comparable to the \nduties performed immediately preceding such appointment shall continue \nto be compensated in such new position at not less than the rate \nprovided for such previous position, for the duration of the service of \nsuch person in such new position.\n (c) Termination of Certain Positions.--Positions whose incumbents \nare appointed by the President, by and with the advice and consent of \nthe Senate, the functions of which are transferred by this Act, shall \nterminate on the effective date of this Act.\n\nSEC. 11. SAVINGS PROVISIONS.\n\n (a) Continuing Effect of Legal Documents.--All orders, \ndeterminations, rules, regulations, permits, agreements, grants, \ncontracts, certificates, licenses, registrations, privileges, and other \nadministrative actions--\n (1) which have been issued, made, granted, or allowed to \n become effective by the President, any Federal agency or \n official thereof, or by a court of competent jurisdiction, in \n the performance of functions which are transferred under this \n Act, and\n (2) which are in effect at the time this Act takes effect, \n or were final before the effective date of this Act and are to \n become effective on or after the effective date of this Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, the Assistant Secretary or other authorized official, a \ncourt of competent jurisdiction, or by operation of law.\n (b) Proceedings Not Affected.--The provisions of this Act shall not \naffect any proceedings, including notices of proposed rulemaking, or \nany application for any license, permit, certificate, or financial \nassistance pending before the Office of the Surgeon General at the time \nthis Act takes effect, with respect to functions transferred by this \nAct but such proceedings and applications shall be continued. Orders \nshall be issued in such proceedings, appeals shall be taken therefrom, \nand payments shall be made pursuant to such orders, as if this Act had \nnot been enacted, and orders issued in any such proceedings shall \ncontinue in effect until modified, terminated, superseded, or revoked \nby a duly authorized official, by a court of competent jurisdiction, or \nby operation of law. Nothing in this subsection shall be deemed to \nprohibit the discontinuance or modification of any such proceeding \nunder the same terms and conditions and to the same extent that such \nproceeding could have been discontinued or modified if this Act had not \nbeen enacted.\n (c) Suits Not Affected.--The provisions of this Act shall not \naffect suits commenced before the effective date of this Act, and in \nall such suits, proceedings shall be had, appeals taken, and judgments \nrendered in the same manner and with the same effect as if this Act had \nnot been enacted.\n (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced by or against the Office of the Surgeon General, or by or \nagainst any individual in the official capacity of such individual as \nan officer of the Office of the Surgeon General, shall abate by reason \nof the enactment of this Act.\n (e) Administrative Actions Relating to Promulgation of \nRegulations.--Any administrative action relating to the preparation or \npromulgation of a regulation by the Office of the Surgeon General \nrelating to a function transferred under this Act may be continued by \nthe Office of the Assistant Secretary with the same effect as if this \nAct had not been enacted.\n\nSEC. 12. SEPARABILITY.\n\n If a provision of this Act or its application to any person or \ncircumstance is held invalid, neither the remainder of this Act nor the \napplication of the provision to other persons or circumstances shall be \naffected.\n\nSEC. 13. TRANSITION.\n\n The Assistant Secretary is authorized to utilize--\n (1) the services of such officers, employees, and other \n personnel of the Office of the Surgeon General with respect to \n functions transferred to the Office of the Assistant Secretary \n by this Act; and\n (2) funds appropriated to such functions for such period of \n time as may reasonably be needed to facilitate the orderly \n implementation of this Act.\n\nSEC. 14. REFERENCES.\n\n Reference in any other Federal law, Executive order, rule, \nregulation, or delegation of authority, or any document of or relating \nto--\n (1) the Surgeon General with regard to functions \n transferred under section 3, shall be deemed to refer to the \n Assistant Secretary for Health of the Department of Health and \n Human Services; and\n (2) the Office of the Surgeon General with regard to \n functions transferred under section 3, shall be deemed to refer \n to the Office of the Assistant Secretary for Health of the \n Department of Health and Human Services.\n\nSEC. 15. SAVINGS.\n\n Any amounts appropriated for the Office of the Surgeon General for \nfiscal year 1998 and remaining available on the date of enactment of \nthis Act shall be transferred to the Secretary of Health and Human \nServices and utilized to carry out child immunization programs.\n\nSEC. 16. ADDITIONAL CONFORMING AMENDMENTS.\n\n (a) Recommended Legislation.--After consultation with the \nappropriate committees of the Congress and the Director of the Office \nof Management and Budget, the Assistant Secretary shall prepare and \nsubmit to the Congress a legislative proposal in the form of an \nimplementing bill containing technical and conforming amendments to \nreflect the changes made by this Act.\n (b) Submission to the Congress.--Not later than 6 months after the \neffective date of this Act, the Assistant Secretary shall submit the \nimplementing bill referred to under subsection (a).\n (c) Repeals.--Sections 204 and 205 of the Public Health Service Act \n(42 U.S.C. 205 and 206) are repealed.\n (d) Additional Conforming Amendments.--\n (1) Section 202 of the Public Health Service Act (42 U.S.C. \n 203) is amended--\n (A) by striking paragraph (1); and\n (B) by redesignating paragraphs (2), (3), and (4) \n as paragraphs (1), (2), and (3), respectively.\n (2) Section 206(a) of the Public Health Service Act (42 \n U.S.C. 207(a)) is amended--\n (A) in the first sentence by striking ``The Surgeon \n General'' and all that follows through ``the Chief \n Medical Officer'' and inserting ``The Chief Medical \n Officer''; and\n (B) by striking the second sentence.\n\nSEC. 17. EFFECTIVE DATE.\n\n This Act shall be become effective on the date on which the \nindividual who is serving as the Surgeon General on the date of \nenactment of this Act resigns or is terminated or the date on which the \nterm of service of such individual as Surgeon General expires, \nwhichever occurs first.","summary":"Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services. Requires that the Office of Management and Budget make determinations of the functions transferred. Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions.","title":"Office of Surgeon General Sunset Act","text_len":12811,"sum_len":596} {"bill_id":"107_s769","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Carbon Conservation \nAct''.\n\nSEC. 2. CARBON SEQUESTRATION PROGRAM.\n\n (a) Carbon Sequestration Program.--Within 180 days after the date \nof the enactment of this Act, the implementing panel shall establish a \ncarbon sequestration program to permit project sponsors to make carbon \nsequestration project proposals to the implementing panel.\n (b) Implementing Panel.--There is established within the National \nInstitute of Standards and Technology of the Department of Commerce an \nimplementing panel consisting of--\n (1) the Director of the National Institute of Standards and \n Technology,\n (2) the Secretary of Agriculture,\n (3) the Secretary of State,\n (4) the Secretary of Energy,\n (5) the Chief of the Forest Service, and\n (6) representatives of nongovernmental organizations who \n have an expertise and experience in carbon sequestration \n practices, appointed by the Secretary of Agriculture.\nThe Chief of the Forest Service shall act as chairperson of the \nimplementing panel.\n (c) Carbon Sequestration Project.--For purposes of this section--\n (1) In general.--The term ``carbon sequestration project'' \n means a project--\n (A) which is located outside the United States,\n (B) the duration of which is not less than 30 \n years,\n (C) which is designed to increase the sequestration \n of carbon, and\n (D) which is accepted by the implementing panel \n under the carbon sequestration program.\n (2) Acceptance of project proposals.--\n (A) In general.--Under the carbon sequestration \n program, the implementing panel shall accept a proposal \n for a carbon sequestration project from a project \n sponsor only if--\n (i) the proposal includes a needs \n assessment described in subparagraph (B),\n (ii) the proposal identifies the benefits \n of carbon sequestration practices of the \n sponsored project under criteria developed to \n evaluate such benefits under subsection (d) and \n under guidelines instituted to quantify such \n benefits under subsection (e) and includes an \n agreement by the sponsor to carry out such \n practices as described in subparagraph (C), and\n (iii) the proposal includes an agreement to \n provide verification of compliance with an \n approved project as described in subparagraph \n (D) under standards established under \n subsection (f).\n (B) Needs assessment.--A needs assessment described \n in this subparagraph is an assessment of the need for \n the carbon sequestration project described in a \n proposal and the ability of the project sponsor to \n carry out the carbon sequestration practices related to \n such project. The assessment shall be developed by the \n project sponsor, in cooperation with the Agency for \n International Development, nongovernmental \n organizations, and independent third-party verifiers.\n (C) Carbon sequestration practices.--Under a carbon \n sequestration project proposal, the project sponsor \n shall agree to contract with other entities, including \n organizations based in the country in which the \n sponsored carbon sequestration project is located, to \n carry out carbon sequestration practices proposed by \n the project sponsor which (as determined by the \n implementing panel)--\n (i) provide for additional carbon \n sequestration beyond that which would be \n provided in the absence of such project, and\n (ii) contribute to a positive reduction of \n greenhouse gases in the atmosphere through \n carbon sequestration over at least a 30-year \n period.\n (D) Verification of compliance with approved carbon \n sequestration project.--Under a carbon sequestration \n project proposal, the project sponsor shall agree to \n provide the implementing panel with verification \n through a third party that such project is sequestering \n carbon in accordance with the proposal approved by the \n implementing panel, including an annual audit of the \n project, an actual verification of the practices at the \n project site every 5 years, and such random inspections \n as are necessary.\n (d) Criteria for Evaluating Benefits of Carbon Sequestration \nPractices.--\n (1) In general.--Under the carbon sequestration program the \n Chief of the Forest Service, in consultation with other members \n of the implementing panel, shall develop criteria for \nprioritizing, determining the acceptability of, and evaluating, the \nbenefits of the carbon sequestration practices proposed in projects for \nthe purpose of determining the acceptability of project proposals.\n (2) Content.--The criteria shall ensure that carbon \n sequestration investment credits under section 45E of the \n Internal Revenue Code of 1986 are not allocated to projects the \n primary purpose of which is to grow timber for commercial \n harvest or to projects which replace native ecological systems \n with commercial timber plantations. Projects should be \n prioritized according to--\n (A) native forest preservation, especially with \n respect to land which would otherwise cease to be \n native forest land,\n (B) reforestation of former forest land where such \n land has not been forested for at least 10 years,\n (C) biodiversity enhancement,\n (D) the prevention of greenhouse gas emissions \n through the preservation of carbon storing plants and \n trees,\n (E) soil erosion management,\n (F) soil fertility restoration, and\n (G) the duration of the project, including any \n project under which other entities are engaged to \n extend the duration of the project beyond the minimum \n carbon sequestration project term.\n (e) Guidelines for Quantifying Benefits.--\n (1) In general.--Under the carbon sequestration program, \n the Chief of the Forest Service, in consultation with other \n members of the implementing panel, shall institute guidelines \n for the development of methodologies for quantifying the amount \n of carbon sequestered by particular projects for the purposes \n of determining the acceptability of project proposals. These \n guidelines should set standards for project sponsors with \n regard to--\n (A) methodologies for measuring the carbon \n sequestered,\n (B) measures to assure the duration of projects \n sponsored,\n (C) criteria that verifies that the carbon \n sequestered is additional to the sequestration which \n would have occurred without the sponsored project,\n (D) reasonable criteria to evaluate the extent to \n which the project displaces activity that causes \n deforestation in another location, and\n (E) the extent to which the project promotes \n sustainable development in a project area, particularly \n with regard to protecting the traditional land tenure \n of indigenous people.\n (2) Basis.--In developing the guidelines, the Chief of the \n Forest Service shall--\n (A) consult with land grant universities and \n entities which specialize in carbon storage \n verification and measurement, and\n (B) use information reported to the Secretary of \n Energy from projects carried out under the voluntary \n reporting program of the Energy Information \n Administration under section 1605 of the Energy Policy \n Act of 1992 (42 U.S.C. 13385).\n (f) Verification Standards.--Under the carbon sequestration \nprogram, the Director of the National Institute of Standards and \nTechnology, in consultation with other members of the implementing \npanel and the National Science Foundation, shall establish verification \nstandards for purposes of subsection (c)(2)(D).\n (g) Program Reporting.--The Administrator of the Energy Information \nAdministration, in consultation with the Secretary of Agriculture, \nshall develop forms to monitor carbon sequestration improvements made \nas a result of the program established under this section and the \nimplementing panel shall use such forms to report to the Administrator \non--\n (1) carbon sequestration improvements made as a result of \n the program,\n (2) carbon sequestration practices of project sponsors \n enrolled in the program, and\n (3) compliance with the terms of the implementing panel's \n approval of projects.\n (h) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as are necessary to carry out the program \nestablished under subsection (a).\n\nSEC. 3. EXPORT-IMPORT BANK FINANCING.\n\n An owner or operator of property that is located outside of the \nUnited States and that is used in a carbon sequestration project \napproved by the implementing panel under section 2 may enter into a \ncontract for an extension of credit from the Export-Import Bank of the \nUnited States of up to 75 percent of the cost of carrying out the \ncarbon sequestration practices specified in the carbon sequestration \nproject proposal to the extent that the Export-Import Bank determines \nthat the cost sharing is appropriate, in the public interest, and \notherwise meets the requirements of the Export-Import Bank Act of 1945.\n\nSEC. 4. EQUITY INVESTMENT INSURANCE.\n\n An owner or operator of property that is located outside of the \nUnited States and that is used in a carbon sequestration project \napproved by the implementing panel under section 2 may enter into a \ncontract for investment insurance issued by the Overseas Private \nInvestment Corporation pursuant to section 234 of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2194) if the Corporation determines \nthat issuance of the insurance is consistent with the provisions of \nsuch section 234.","summary":"International Carbon Conservation Act - Establishes within the Department of Commerce's National Institute of Standards and Technology an implementing panel, to be headed by the Chief of the Forest Service, which shall: (1) establish a carbon sequestration program. And (2) accept qualifying projects located outside of the United States. Permits an owner or operator of property located outside the United States that is used in a qualifying project to be eligible for: (1) credit extension from the Export-Import Bank of the United States of up to 75 percent of the cost of carrying out the carbon sequestration practices specified in the contract. And (2) investment insurance issued by the Overseas Private Investment Corporation.","title":"A bill to establish a carbon sequestration program and an implementing panel within the Department of Commerce to enhance international conservation, to promote the role of carbon sequestration as a means of slowing the buildup of greenhouse gases in the atmosphere, and to reward and encourage voluntary, pro-active environmental efforts on the issue of global climate change.","text_len":11410,"sum_len":734} {"bill_id":"113_hr4805","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Subsidies Without Verification \nAct of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) On July 5, 2013, the Department of Health and Human \n Services released more than 600 pages of a final rule to \n implement the provisions of the Patient Protection and \n Affordable Care Act and the health care provisions of the \n Health Care and Education Reconciliation Act of 2010 (commonly \n referred to as ``Obamacare'' or the ``ACA'').\n (2) Such final rule included an announcement that the \n Federal Government would no longer verify that each applicant \n for premium tax credits or cost-sharing reductions for coverage \n offered through an Exchange established under the Patient \n Protection and Affordable Care Act are actually qualified for \n such credits or reductions. Instead, the Administration would \n rely on self-attestation and sample audits of a sample \n population to ``protect'' the integrity of this new $1 trillion \n entitlement program.\n (3) The Department of Health and Human Services later \n announced a change in such policy and stated it would extend \n the sample population to 100 percent. This change, though \n announced, was never made to the final rule, meaning there was \n no guarantee to the American people that applicants would be \n verified.\n (4) It is estimated that not verifying eligibility for such \n credits and reductions could likely equate to approximately \n $250 billion in fraudulent payments through payments of such \n Obamacare premium tax credits and cost-sharing reductions.\n (5) The final rule provides that the Department of Health \n and Human Services will offer to perform this verification \n procedure for States that are establishing a State-based \n Exchange, but will be unable to do so until 2015. As a result, \n such States will not be required to randomly verify employer-\n sponsored coverage until 2015.\n (6) In order to protect taxpayers after the Department of \n Health and Human Services failed to implement a new rule that \n it would ensure Congress and taxpayers that verification of \n eligibility would be performed, the House of Representatives \n advanced legislation, H.R. 2775, the No Subsidies Without \n Verification Act. This legislation would have provided the \n force of law to ensure that verification would occur prior to \n the issuance of any Obamacare premium tax credit or cost-\n sharing reduction.\n (7) On September 12, 2013, this legislation was passed in \n the House of Representatives with bipartisan support by a 235 \n to 191 vote margin.\n (8) On September 10, 2013, the Obama Administration issued \n a Statement of Administration Policy to H.R. 2775 that stated \n ``the Administration strongly opposes House passage of H.R. \n 2775 because the goal of the bill is already being accomplished \n while the text of the bill would create delays that could cost \n millions of hard-working middle-class families the security of \n affordable health coverage and care they deserve''.\n (9) The Statement of Administration Policy also stated that \n ``H.R. 2775 is unnecessary because the Secretary of Health and \n Human Services has already put in place an effective and \n efficient system for verification of eligibility for premium \n tax credits and cost sharing reductions.''.\n (10) On October 16, 2013, the Senate removed the \n verification mechanism of H.R. 2775 and replaced it with \n language that required a report to Congress by the Secretary of \n Health and Human Services no later than January 1, 2014.\n (11) On January 1, 2014, the Department of Health and Human \n Services submitted a mandated report to Congress entitled, \n ``Verification of Household Income and Other Qualifications for \n the Provision of Affordable Care At Premium Tax Credits and \n Cost-Sharing Reductions''.\n (12) This report to Congress states, ``In accordance with \n statute and applicable implementing regulations, when a \n consumer submits an application for insurance affordability \n programs (which include APTCs, CSRs, Medicaid, the Children's \n Health Insurance Program (CHIP), and the Basic Health Program \n (BHP)), the Exchange verifies information provided by the \n consumer on the application as a component of making an \n eligibility determination. The processes for verifying \n information in order to determine eligibility for enrollment in \n a qualified health plan (QHP) through the Exchange and for APTC \n under section 36B of the Internal Revenue Code (the Code) and \n CSRs under section 1402 of the ACA are specified in the ACA and \n its implementing regulations. Pursuant to both statute and \n applicable regulations, the Exchanges have implemented numerous \n processes to carry out the verification of information provided \n by applicants.''.\n (13) Beginning in 2014, Federal subsidies have been made \n available to help individuals purchase health insurance through \n an Exchange through premium tax credits and cost-sharing \n reductions. On April 2014, the Department of Health and Human \n Services delayed implementation of income verification systems \n in order to increase sign-ups for health care plans through the \n healthcare.gov website.\n (14) Various reports indicate that the internal portions of \n the healthcare.gov website are yet to be finalized, thus \n leaving the Department of Health and Human Services unable to \n perform the verification it stated it was performing. The Obama \n Administration is operating a new Federal entitlement program \n that fails to prevent fraudulent subsidy claims before \n administered. In doing so, the Department of Health and Human \n Services has created a new ``pay and chase'' program that \n places taxpayers at financial risk of fraudulent claims.\n\nSEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES \n UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES \n IS COMPLETE.\n\n (a) In General.--Notwithstanding any other provision of law, in the \ncase of an individual with respect to whom a premium tax credit under \nsection 36B of the Internal Revenue Code of 1986 or reduced cost-\nsharing under section 1402 of the Patient Protection and Affordable \nCare Act (42 U.S.C. 18071) is being claimed, no such credit or \nreduction shall be allowed before the first date of the first coverage \nmonth beginning on or after the date on which the process to verify, in \naccordance with section 1411 of the Patient Protection and Affordable \nCare Act (42 U.S.C. 18081), the household income and coverage \nrequirements of such individual for purposes of determining eligibility \nfor, and the accurate amount of, such credit or reduction, \nrespectively, has been completed. For purposes of the previous \nsentence, the verification process described in such sentence with \nrespect to an individual shall not be treated as complete unless a \nmanual or electronic review has been completed of applicable \ninformation required to be submitted by such individual under section \n1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such \ninformation with records of the Secretary of the Treasury, Secretary of \nHomeland Security, or the Commissioner of Social Security has been \nresolved.\n (b) Treatment of Individual Mandate.--Notwithstanding any other \nprovision of law, no penalty shall be imposed under section 5000A of \nthe Internal Revenue Code of 1986 with respect to an individual for any \nmonth--\n (1) with respect to which a premium tax credit under \n section 36B of the Internal Revenue Code of 1986 is being \n claimed for such individual; and\n (2) that begins before the date on which the verification \n process described in subsection (a) has been completed, in \n accordance with such subsection, with respect to such claim for \n such individual.\n (c) Application Provisions.--\n (1) Effective date.--Subject to paragraph (2), the \n provisions of this section shall apply to coverage months \n beginning on or after the date of the enactment of this Act.\n (2) Treatment of individuals currently receiving \n subsidies.--\n (A) Suspension of certain subsidies.--In the case \n of an individual with respect to whom a premium tax \n credit under section 36B of the Internal Revenue Code \n of 1986 or reduced cost-sharing under section 1402 of \n the Patient Protection and Affordable Care Act (42 \n U.S.C. 18071) has been claimed before the date of the \n enactment of this Act and for whom such a credit or \n reduction has been allowed before such date, such \n allowance shall be suspended until the coverage month \n described in subsection (a) with respect to such claim \n for such individual.\n (B) Special enrollment period.--\n (i) In general.--The Secretary of Health \n and Human Services shall take such steps as are \n necessary to establish a special enrollment \n period of 45 days, beginning on the date of \n completion of the verification process \n described in subsection (a), with respect to an \n individual described in clause (ii), for such \n individual to enroll in qualified health plans \n offered through Exchanges established under \n title I of the Patient Protection and \n Affordable Care Act.\n (ii) Individual described.--For purposes of \n clause (i), an individual described in this \n clause is an individual--\n (I) who is enrolled in a qualified \n health plan described in clause (i) \n before the date of the enactment of \n this Act;\n (II) to whom the suspension under \n subparagraph (A) applies;\n (III) who terminated enrollment in \n the qualified health plan during such \n period of suspension; and\n (IV) who, after the completion of \n the verification process described in \n subsection (a) with respect to such \n individual, seeks to enroll in such a \n qualified health plan.","summary":"No Subsidies Without Verification Act of 2014 - Disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before the first date of the first coverage month beginning on or after the date on which the process to verify an individual's household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, the credit or reduction, respectively, has been completed. Requires for such verification: (1) completion of a manual or electronic review of the information required of an applicant for enrollment in a plan, and (2) resolution of any inconsistency of such information with records of the Departments of the Treasury or Homeland Security (DHS) or the Social Security Administration. Exempts individuals from the penalty for not maintaining minimum essential coverage for any month with respect to which a premium tax credit is being claimed and that begins before the date on which the verification process has been completed. Suspends, until the coverage month beginning after eligibility verification has been completed, the premium tax credit and reduced cost-sharing in the case of individuals for whom the subsidy was allowed before enactment of this Act. Provides a special enrollment period for an individual who terminated enrollment in a qualified plan during the period of suspension.","title":"No Subsidies Without Verification Act of 2014","text_len":11547,"sum_len":1440} {"bill_id":"115_s465","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Outside Audit of the \nIndian Health Service Act of 2017''.\n\nSEC. 2. INDEPENDENT OUTSIDE AUDIT OF THE INDIAN HEALTH SERVICE.\n\n (a) Definitions.--In this section:\n (1) Reputable private entity.--The term ``reputable private \n entity'' means a private entity that--\n (A) has experience with, and proven outcomes in \n optimizing the performance of, Federal health care \n delivery systems, the private sector, and health care \n management; and\n (B) specializes in implementing large-scale \n organizational and cultural transformations, especially \n with respect to health care delivery systems.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (3) Service.--The term ``Service'' means the Indian Health \n Service.\n (b) Assessment.--Not later than 90 days after the date of enactment \nof this Act, the Secretary shall enter into one or more contracts with \na reputable private entity to conduct an independent assessment of the \nhealth care delivery systems and financial management processes of the \nService.\n (c) Program Integrator.--\n (1) In general.--If the Secretary enters into contracts \n under this section with more than 1 reputable private sector \n entity, the Secretary shall designate one such entity that is \n predominantly a health care organization as the program \n integrator.\n (2) Responsibilities.--The program integrator designated \n under paragraph (1) shall be responsible for coordinating the \n outcomes of the assessments conducted by the reputable private \n entities under this section.\n (d) Areas of Study.--Each assessment conducted under subsection (b) \nshall address each of the following:\n (1) Current and projected demographics and unique health \n care needs of the patient population served by the Service.\n (2) Current and projected health care capabilities and \n resources of the Service, including hospital care, medical \n services, and other health care furnished by non-Service \n facilities under contract with the Service, to provide timely \n and accessible care to eligible patients.\n (3) The authorities and mechanisms under which the \n Secretary may furnish hospital care, medical services, and \n other health care at non-Service facilities, including whether \n it is recommended that the Secretary have the authority to \n furnish such care and services at such facilities through the \n completion of episodes of care.\n (4) The appropriate systemwide access standard applicable \n to hospital care, medical services, and other health care \n furnished by and through the Service, including an \n identification of appropriate access standards for each \n individual specialty and post-care rehabilitation.\n (5) The workflow process at each medical facility of the \n Service for scheduling appointments to receive hospital care, \n medical services, or other health care from the Service.\n (6) The organization, workflow processes, and tools used by \n the Service to support clinical staffing, access to care, \n effective length-of-stay management and care transitions, \n positive patient experience, accurate documentation, and \n subsequent coding of inpatient services.\n (7) The staffing level at each medical facility of the \n Service and the productivity of each health care provider at \n such medical facility, compared with health care industry \n performance metrics, which may include an assessment of any of \n the following:\n (A) The case load of, and number of patients \n treated by, each health care provider at such medical \n facility during an average week.\n (B) The time spent by such health care provider on \n matters other than the case load of such health care \n provider.\n (C) The amount of personnel used for administration \n compared with direct health care in the Service being \n comparable to the amount used for administration \n compared with direct health care in private health care \n institutions.\n (D) The allocation of the budget of the Service \n used for administration compared with the allocation of \n the budget used for direct health care at Service-\n operated facilities.\n (E) Any vacancies in positions of full-time \n equivalent employees that the Service--\n (i) does not intend to fill; or\n (ii) has not filled during the 12-month \n period beginning on the date on which the \n position became vacant.\n (F) The disposition of amounts budgeted for full-\n time equivalent employees that is not used for those \n employees because the positions of the employees are \n vacant, including--\n (i) whether the amounts are redeployed; and\n (ii) if the amounts are redeployed, how the \n redeployment is determined.\n (G) With respect to the approximately 3,700 \n Medicaid-reimbursable full-time equivalent employees of \n the Service--\n (i) the number of those employees who are \n certified coders; and\n (ii) whether that number of employees is \n necessary.\n (8) The information technology strategies of the Service \n with respect to furnishing and managing health care, including \n an identification of any weaknesses and opportunities with \n respect to the technology used by the Service, especially those \n strategies with respect to clinical documentation of episodes \n of hospital care, medical services, and other health care, \n including any clinical images and associated textual reports, \n furnished by the Service in Service or non-Service facilities.\n (9) Business processes of the Service, including processes \n relating to furnishing non-Service health care, insurance \n identification, third-party revenue collection, and vendor \n reimbursement, including an identification of mechanisms as \n follows:\n (A) To avoid the payment of penalties to vendors.\n (B) To increase the collection of amounts owed to \n the Service for hospital care, medical services, or \n other health care provided by the Service for which \n reimbursement from a third party is authorized and to \n ensure that such amounts collected are accurate.\n (C) To increase the collection of any other amounts \n owed to the Service with respect to hospital care, \n medical services, and other health care and to ensure \n that such amounts collected are accurate.\n (D) To increase the accuracy and timeliness of \n Service payments to vendors and providers.\n (10) The purchasing, distribution, and use of \n pharmaceuticals, medical and surgical supplies, medical \n devices, and health care related services by the Service, \n including the following:\n (A) The prices paid for, standardization of, and \n use by the Service of, the following:\n (i) Pharmaceuticals.\n (ii) Medical and surgical supplies.\n (iii) Medical devices.\n (B) The use by the Service of group purchasing \n arrangements to purchase pharmaceuticals, medical and \n surgical supplies, medical devices, and health care \n related services.\n (C) The strategy and systems used by the Service to \n distribute pharmaceuticals, medical and surgical \n supplies, medical devices, and health care related \n services to medical facilities of the Service.\n (11) The process of the Service for carrying out \n construction and maintenance projects at medical facilities of \n the Service and the medical facility leasing program of the \n Service, including--\n (A) whether the maintenance budget is updated or \n increased to reflect increases in maintenance costs \n with the addition of new facilities and whether any \n increase is sufficient to support the growth of the \n facilities; and\n (B) what the process is for facilities that reach \n the end of their proposed life cycle.\n (12) The competency of leadership with respect to culture, \n accountability, reform readiness, leadership development, \n physician alignment, employee engagement, succession planning, \n and performance management, including--\n (A) the reasons for a lack in transparency in the \n culture of the Service, leading tribal leadership to \n request increased transparency and more open \n communication between the Service and the people served \n by the Service; and\n (B) whether any checks and balances exist to assess \n potential fraud or misuse of amounts within the \n Service.\n (13) The lack of a funding formula to distribute base \n funding to the 12 Service areas, including the following:\n (A) The establishment of the current process of \n funding being distributed based on historical \n allocations and not on need such as population growth, \n number of facilities, etc.\n (B) How the implementation of self-governance \n policies has impacted health care delivery.\n (C) The communication to area office directors on \n distribution decisionmaking.\n (D) How the tribal and residual shares are \n determined for each Indian tribe and the amounts of \n those shares.\n (E) The auditing or evaluation process used by the \n Service to determine whether amounts are distributed \n and expended appropriately, including--\n (i) whether periodic or end-of-year records \n document the actual distributions; and\n (ii) whether any auditing or evaluation is \n conducted in accordance with generally accepted \n accounting principles or other appropriate \n practices.\n (14) Whether the Service tracks patients eligible for two \n or more of either the Medicaid program under title XIX of the \n Social Security Act (42 U.S.C. 1396 et seq.), health care \n received through the Service, or any other Federal health care \n program (referred to in this section as ``dual eligible \n patients''). If so, how dual eligible patients are managed.\n (15) The number of procurement contracts entered into and \n awards made by the Service under section 23 of the Act of June \n 25, 1910 (commonly known as the ``Buy Indian Act'') (25 U.S.C. \n 47), and a comparison of that number, with--\n (A) the total number of procurement contracts \n entered into and awards made by the Service during the \n 5 fiscal years prior to the date of enactment of this \n Act; and\n (B) the process used by the Service facilities to \n ensure compliance with section 23 of the Act of June \n 25, 1910 (commonly known as the ``Buy Indian Act'') (25 \n U.S.C. 47).\n (16) Any other items the reputable private entity \n determines should be addressed in the independent assessment of \n the Service.\n (e) Report on Assessment.--\n (1) Submission to secretary.--Not later than 240 days after \n the date a contract is entered into under subsection (b), the \n entity carrying out the assessment under the contract shall--\n (A) complete the assessment; and\n (B) submit to the Secretary a report describing the \n findings and recommendations of the entity with respect \n to the assessment.\n (2) Submission to congress.--Immediately on receipt of the \n report under paragraph (1)(B), the Secretary shall submit the \n report to--\n (A) the appropriate committees of Congress, \n including--\n (i) the Committee on Appropriations of the \n Senate; and\n (ii) the Committee on Appropriations of the \n House of Representatives;\n (B) the Majority Leader of the Senate;\n (C) the Minority Leader of the Senate;\n (D) the Speaker of the House of Representatives; \n and\n (E) the Minority Leader of the House of \n Representatives.\n (3) Publication.--Not later than 30 days after receiving \n the report under paragraph (1)(B), the Secretary shall publish \n such report in the Federal Register and on an Internet website \n of the Service that is accessible to the public.\n (f) Funding.--The Secretary shall use, to carry out this section, \nsuch amounts as are necessary from other amounts available to the \nSecretary that are not otherwise obligated.","summary":"Independent Outside Audit of the Indian Health Service Act of 2017 This bill requires the Department of Health and Human Services to contract with private entities to assess the health care delivery systems and financial management of the Indian Health Service (IHS). The assessment must address IHS issues including: the demographics and health care needs of the patient population, health care capabilities and resources, staffing levels at medical facilities and the productivity of each health care provider, information technology strategies related to providing health care, business processes, the competency of leadership regarding specified issues, tracking patients eligible for other federal health care programs, and the number of procurement contracts and awards under the Buy Indian Act.","title":"Independent Outside Audit of the Indian Health Service Act of 2017","text_len":14581,"sum_len":801} {"bill_id":"105_s2408","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Adoption Equality Act of 1998''.\n\nSEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.\n\n (a) In General.--Section 473(a) of the Social Security Act (42 \nU.S.C. 673(a)) is amended by striking paragraph (2) and inserting the \nfollowing:\n ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the \nrequirements of this paragraph if such child--\n ``(i) prior to termination of parental rights and the \n initiation of adoption proceedings was in the care of a public \n or licensed private child care agency or Indian tribal \n organization either pursuant to a voluntary placement agreement \n (provided the child was in care for not more than 180 days) or \n as a result of a judicial determination to the effect that \n continuation in the home would be contrary to the safety and \n welfare of such child, or was residing in a foster family home \n or child care institution with the child's minor parent (either \n pursuant to such a voluntary placement agreement or as a result \n of such a judicial determination); and\n ``(ii) has been determined by the State pursuant to \n subsection (c) to be a child with special needs, which needs \n shall be considered by the State, together with the \n circumstances of the adopting parents, in determining the \n amount of any payments to be made to the adopting parents.\n ``(B) Notwithstanding any other provision of law, and except as \nprovided in paragraph (7), a child who is not a citizen or resident of \nthe United States and who meets the requirements of subparagraph (A) \nshall be treated as meeting the requirements of this paragraph for \npurposes of paragraph (1)(B)(ii).\n ``(C) A child who meets the requirements of subparagraph (A), who \nwas determined eligible for adoption assistance payments under this \npart with respect to a prior adoption (or who would have been \ndetermined eligible for such payments had the Adoption and Safe \nFamilies Act of 1997 been in effect at the time that such determination \nwould have been made), and who is available for adoption because the \nprior adoption has been dissolved and the parental rights of the \nadoptive parents have been terminated or because the child's adoptive \nparents have died, shall be treated as meeting the requirements of this \nparagraph for purposes of paragraph (1)(B)(ii).''.\n (b) Exception.--Section 473(a) of the Social Security Act (42 \nU.S.C. 673(a)) is amended by adding at the end the following:\n ``(7)(A) Notwithstanding any other provision of this subsection, no \npayment may be made to parents with respect to any child that--\n ``(i) would be considered a child with special needs under \n subsection (c);\n ``(ii) is not a citizen or resident of the United States; \n and\n ``(iii) was adopted outside of the United States or was \n brought into the United States for the purpose of being \n adopted.\n ``(B) Subparagraph (A) shall not be construed as prohibiting \npayments under this part for a child described in subparagraph (A) that \nis placed in foster care subsequent to the failure, as determined by \nthe State, of the initial adoption of such child by the parents \ndescribed in such subparagraph.''.\n (c) Requirement for Use of State Savings.--Section 473(a) of the \nSocial Security Act (42 U.S.C. 673(a)), as amended by subsection (b), \nis amended by adding at the end the following:\n ``(8) A State shall spend an amount equal to the amount of savings \n(if any) in State expenditures under this part resulting from the \napplication of paragraph (2) on and after the effective date of the \namendment to such paragraph made by section 2(a) of the Adoption \nEquality Act of 1998 to provide to children or families any service \n(including post-adoption services) that may be provided under this part \nor part B.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on October 1, 1998.\n\nSEC. 3. REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS.\n\n (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. \n1396b) is amended--\n (1) in subsection (a)(7), by striking ``section \n 1919(g)(3)(B)'' and inserting ``subsection (x) and section \n 1919(g)(3)(C)''; and\n (2) by adding at the end the following:\n ``(x) Adjustments to Payments for Administrative Costs.--\n ``(1) Reductions in payments for administrative costs based \n on determinations of amounts attributable to benefiting \n programs.--\n ``(A) In general.--Subject to paragraph (2), \n effective for each of fiscal years 1999 through 2002, \n the Secretary shall reduce, for each such fiscal year, \n the amount paid under subsection (a)(7) to each State \n by an amount equal to the amount determined for the \n medicaid program under section 16(k)(2)(B) of the Food \n Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)). The \n Secretary shall, to the extent practicable, make the \n reductions required by this paragraph on a quarterly \n basis.\n ``(B) Application.--If the Secretary does not make \n the determinations required by section 16(k)(2)(B) of \n the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)) by \n September 30, 1999--\n ``(i) during the fiscal year in which the \n determinations are made, the Secretary shall \n reduce the amount paid under subsection (a)(7) \n to each State by an amount equal to the sum of \n the amounts determined for the medicaid program \n under section 16(k)(2)(B) of the Food Stamp Act \n of 1977 for fiscal year 1999 through the fiscal \n year during which the determinations are made; \n and\n ``(ii) for each subsequent fiscal year \n through fiscal year 2002, subparagraph (A) \n applies.\n ``(C) Application of appeal of determinations.--The \n provisions of section 16(k)(4) of the Food Stamp Act of \n 1977 (7 U.S.C. 20205(k)(4)) apply to reductions in \n payments under this subsection in the same manner as \n they apply to reductions under section 16(k) of that \n Act.\n ``(2) Bonus payment for program alignment.--\n ``(A) In general.--\n ``(i) Amount.--In addition to any other \n payment made under this title to a State for a \n fiscal year, the Secretary shall pay to each \n State that satisfies the requirements of clause \n (ii) a portion of the amount by which--\n ``(I) any decrease in Federal \n outlays for amounts paid under \n subsection (a)(7) with respect to the \n State for the fiscal year as a result \n of the application of paragraph (1), as \n determined by the Congressional Budget \n Office, exceeds\n ``(II) any increase in Federal \n outlays with respect to the State for \n the fiscal year as a result of the \n application of section 473(a), as \n amended by section 2 of the Adoption \n Equality Act of 1998, as determined by \n the Congressional Budget Office.\n ``(ii) Requirements.--A State satisfies the \n requirements of this clause if the Secretary \n determines that--\n ``(I) the State's income and \n resource eligibility rules under \n section 1931, taking into account the \n income standards and methodologies \n applied by the State, are not more \n restrictive than the income and \n resource eligibility rules applied by \n the State for the temporary assistance \n to needy families program funded under \n part A of title IV (other than for a \n welfare-to-work program funded under \n section 403(a)(5)); and\n ``(II) the State assures the \n Secretary that families applying for \n assistance under the temporary \n assistance to needy families program \n funded under part A of title IV (other \n than families applying solely for \n assistance under a welfare-to-work \n program funded under section 403(a)(5)) \n may apply for medical assistance under \n the State plan under this title without \nhaving to submit a separate application for such medical assistance.\n ``(B) Construction.--Nothing in subparagraph (A) \n shall be construed as--\n ``(i) affecting the application of section \n 1931;\n ``(ii) affecting any application \n requirements established under this title or by \n regulation promulgated under the authority of \n this title, including the requirements \n established under section 1902(a)(8); or\n ``(iii) conditioning the right of an \n individual to apply for medical assistance \n under the State plan under this title upon an \n application for assistance under any State \n program funded under part A of title IV.\n ``(3) Allocation of administrative costs.--\n ``(A) In general.--No funds or expenditures \n described in subparagraph (B) may be used to pay for \n costs--\n ``(i) eligible for reimbursement under \n subsection (a)(7) (or costs that would have \n been eligible for reimbursement but for this \n subsection); and\n ``(ii) allocated for reimbursement to the \n medicaid program under a plan submitted by a \n State to the Secretary to allocate \n administrative costs for public assistance \n programs.\n ``(B) Funds and expenditures.--Subparagraph (A) \n applies to--\n ``(i) funds made available to carry out \n part A of title IV or title XX;\n ``(ii) expenditures made as qualified State \n expenditures (as defined in section \n 409(a)(7)(B));\n ``(iii) any other Federal funds (except \n funds provided under subsection (a)(7)); and\n ``(iv) any other State funds that are--\n ``(I) expended as a condition of \n receiving Federal funds; or\n ``(II) used to match Federal funds \n under a Federal program other than the \n medicaid program.''.\n (b) Copies of Report on Review of Methodology Used To Make Certain \nDeterminations.--Section 502(b)(2) of the Agricultural Research, \nExtension, and Education Reform Act of 1998 (Public Law 105-185; 112 \nStat. 523) is amended by inserting ``, the Committee on Commerce of the \nHouse of Representatives, the Committee on Finance of the Senate,'' \nafter ``Representatives''.","summary":"Adoption Equality Act of 1998 - Amends title IV part E of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs. Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement , or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare. Or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them. Prohibits assistance with respect to any child who is not a US citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes. Prescribes guidelines under which the Secretary of Health and Human Services shall reduce, for specified fiscal years, Federal payments to the States for administrative costs based on determinations of amounts attributable to the Medicaid program under the Food Stamp Act of 1977. Requires the Secretary to make a bonus payment to any State: (1) whose income and eligibility rules are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families (TANF) program funded under SSA title IV part A. And (2) which assures the Secretary that families applying for TANF may apply for Medicaid under SSA title XIX.","title":"Adoption Equality Act of 1998","text_len":12856,"sum_len":1752} {"bill_id":"107_hr3975","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) According to the Surgeon General of the United States, \n the epidemic of human immunodeficiency virus\/acquired immune \n deficiency syndrome (HIV\/AIDS) will soon become the worst \n epidemic of infectious disease in recorded history, eclipsing \n the bubonic plague of the 1300's and the influenza epidemic of \n 1918-1919, the latter killing more than 20,000,000 people \n worldwide.\n (2) The gap between rich and poor countries in terms of \n transmission of HIV from mother to child has been increasing, \n threatening to reverse years of steady progress of child \n survival in developing countries to the point that UNAIDS \n believes that by the year 2010 AIDS may have increased \n mortality of children under 5 years of age by more than 100 \n percent in regions most affected by the virus.\n (3) At current infection and growth rates for HIV\/AIDS, the \n National Intelligence Council estimates that the number of AIDS \n orphans worldwide will increase dramatically, potentially \n increasing threefold or more in the next 10 years, contributing \n to economic decay, social fragmentation, and political \n destabilization in already volatile societies as children \n without care or hope are drawn into prostitution, crime, \n substance abuse, or child soldiery.\n (4) A January 2000 United States National Intelligence \n Estimate (NIE) report on the global infectious disease threat \n concluded that the economic costs of infectious diseases--\n especially HIV\/AIDS--are already significant and could reduce \n gross domestic product by 20 percent or more by 2010 in some \n sub-Saharan African nations.\n (5) Despite the discouraging statistics on the spread of \n HIV\/AIDS, some developing nations, such as Uganda, Senegal, and \n Thailand, have implemented prevention programs that have \n substantially curbed the rate of HIV infection.\n (6) Accordingly, because infectious diseases do not respect \n international boundaries, United States financial support for \n medical research, education, and disease containment as a \n global strategy has enormous benefits for all Americans.\n (7) Given the cost of combating AIDS and other infectious \n diseases worldwide, a contribution to the Global Fund to Fight \n AIDS, Tuberculosis and Malaria of all Special Drawing Rights \n authorized to be allocated to the United States under a \n proposed Fourth Amendment to the Articles of Agreement of the \n International Monetary Fund would be a significant step in \n combating this epidemic.\n (8) In September 1997, the international community endorsed \n the proposed Fourth Amendment, but the amendment has not been \n implemented because the Executive Branch has not requested \n Congressional authorization for United States approval of the \n Fourth Amendment.\n (9) The proposed Fourth Amendment has been accepted by 109 \n of the 110 members of the International Monetary Fund, \n representing 72.18 percent of the total voting power of the \n International Monetary Fund.\n (10) Whereas approval of the proposed Fourth Amendment by \n the United States, which holds 17.16 percent of the voting \n power at the International Monetary Fund, would enable the \n Special Drawing Rights to be allocated to the United States.\n (11) The Global Fund to Fight AIDS, Tuberculosis and \n Malaria is a method for leveraging resources from donor nations \n to meet the extraordinary need for resources by creating a much \n stronger multilateral ``burden-sharing'' approach to combating \n the HIV\/AIDS crisis.\n\nSEC. 2. ACCEPTANCE OF FOURTH AMENDMENT TO THE ARTICLES OF AGREEMENT OF \n THE FUND; CONTRIBUTION OF SPECIAL DRAWING RIGHTS TO THE \n GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA.\n\n The Bretton Woods Agreements Act (22 U.S.C. 286-286nn) is amended \nby adding at the end the following:\n\n``SEC. 64. ACCEPTANCE OF FOURTH AMENDMENT TO THE ARTICLES OF AGREEMENT \n OF THE FUND; CONTRIBUTION OF SPECIAL DRAWING RIGHTS TO \n THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA.\n\n ``(a) Acceptance of Fourth Amendment to the Articles of \nAgreement.--The United States Governor of the Fund shall, on behalf of \nthe United States, accept the amendments to the Articles of Agreement \nof the Fund approved in resolution numbered 52-4 of the Board of \nGovernors of the Fund.\n ``(b) Contribution of Special Drawing Rights to the Global Fund To \nFight AIDS, Tuberculosis and Malaria.--\n ``(1) Instruction to seek agreement to allow the global \n fund to hold special drawing rights.--The Secretary of the \n Treasury shall instruct the United States Executive Director at \n the Fund to seek an agreement to include the Bank, in its \n capacity as administrator of the Global Fund to Fight AIDS, \n Tuberculosis and Malaria, as a prescribed holder of Special \n Drawing Rights.\n ``(2) Contributions.--On achieving the agreement described \n in paragraph (1), the Secretary of the Treasury shall provide \n for the contribution to the Global Fund to Fight AIDS, \n Tuberculosis and Malaria, in each of fiscal years 2004 through \n 2006, of \\1\/3\\ of the Special Drawing Rights received by the \n United States pursuant to the amendments referred to in \n subsection (a).\n ``(c) Negotiations To Urge Other Fund Members To Make Similar \nContributions to the Global Fund.--The Secretary of the Treasury shall \nseek to enter into negotiations for the purpose of inducing the member \ncountries of the Fund to contribute to the Global Fund to Fight AIDS, \nTuberculosis and Malaria the Special Drawing Rights allocated pursuant \nto the amendments referred to in subsection (a).''.","summary":"Amends the Bretton Woods Agreements Act to direct the US Governor of the International Monetary Fund (IMF) to accept, on behalf of the United States, the fourth amendment to the Articles of Agreement of the IMF approved in resolution numbered 52- 4 of the IMF's Board of Governors. Directs the Secretary of the Treasury to: (1) instruct the US Executive Director at the IMF to seek an agreement to include the International Bank for Reconstruction and Development , in its capacity as administrator of the Global Fund to Fight AIDS, Tuberculosis and Malaria, as a prescribed holder of Special Drawing Rights. (2) upon achieving an agreement, provide for the contribution of one-third of the Special Drawing Rights received by the United States to the Global Fund to Fight AIDS, Tuberculosis and Malaria. And (3) seek to enter into negotiations to induce IMF member countries to contribute their allocated Special Drawing Rights to the Global Fund to Fight AIDS, Tuberculosis and Malaria.","title":"To provide for acceptance of the Fourth Amendment to the Articles of Agreement of the International Monetary Fund, to provide for the Special Drawing Rights allocated to the United States pursuant to the amendment to be contributed to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and to require the Secretary of the Treasury to seek negotiations for the purpose of inducing the other member countries of the International Monetary Fund to make similar contributions to that Global Fund, and for other purposes.","text_len":6231,"sum_len":987} {"bill_id":"105_s282","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Olympic Commemorative Coins \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``Corporation'' shall mean the corporation by \n the name of ``United States Olympic Committee'' created by the \n Act entitled ``An Act to incorporate the United States Olympic \n Association'', approved September 21, 1950 (36 U.S.C. 371 et \n seq.), as amended; and\n (2) the term ``Secretary'' shall mean the Secretary of the \n Treasury.\n\nSEC. 3. COMMEMORATIVE COINS PROGRAM.\n\n (a) Biannual Olympic Coins.--Beginning in 1997, in each 6-month \nperiod prior to the date upon which the Summer or Winter Olympic Games \nare held in a nation other than the United States, the Secretary shall \nissue not more than 500,000 commemorative one dollar coins, each of \nwhich shall--\n (1) weigh 26.73 grams;\n (2) have a diameter of 1.5 inches;\n (3) contain 90 percent silver and 10 percent alloy; and\n (4) bear the design selected by the Secretary pursuant to \n subsection (f).\n (b) Olympic Coins When Games Are Held in the United States.--In \neach year prior to a year in which the Summer or Winter Olympic Games \nare held in the United States, the Secretary shall develop an expanded \nmulti-coin commemorative coins program in consultation with the \nCorporation and the Citizens Commemorative Coin Advisory Committee. The \nSecretary shall issue such coins in the 6-month period prior to the \ndate upon which such games are held.\n (c) Exclusivity.--During the first 2 months of each period in which \ncoins are issued under this Act, the Secretary shall not issue other \ncommemorative coins.\n (d) Surcharges.--(1) All sales of the coins issued under subsection \n(a) shall include a surcharge of $10 per coin.\n (2) All sales of the coins issued under subsection (b) shall \ninclude a surcharge of between $1 and $50 per coin as determined by the \nSecretary in consultation with the Corporation.\n (e) Distribution and Use of Surcharges.--(1) All surcharges \nreceived by the Secretary from the sale of coins under this Act shall \nbe promptly paid by the Secretary to the Corporation.\n (2) Funds received by the Corporation under this Act shall be used \nto carry out the Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), \nand not less than 25 percent of such funds shall be used for the \nobjects and purposes of paragraphs (6), (7), and (9) of section 104 of \nsuch Act (36 U.S.C. 374).\n (f) Design.--(1) The design for each coin issued under this Act \nshall be selected by the Secretary after consultation with the \nCorporation.\n (2)(A) On each coin issued under this Act there shall be--\n (i) a designation of the value of the coin;\n (ii) an inscription of the year; and\n (iii) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (B) On coins issued under this Act there may be, with the consent \nof the Corporation under section 9 of the Act entitled ``An Act to \nincorporate the United States Olympic Association'', approved September \n21, 1950 (36 U.S.C. 380), the symbol of the International Olympic \nCommittee, the emblem of the Corporation, the words ``Olympic'', \n``Olympiad'' or other symbols, emblems, trademarks and names which the \nCorporation has the exclusive right to use under that section.\n\nSEC. 4. LEGAL TENDER.\n\n The coins issued under this Act shall be legal tender, as provided \nin section 5103 of title 31, United States Code.\n\nSEC. 5. SOURCES OF BULLION.\n\n (a) Silver.--The Secretary shall obtain silver for minting coins \nunder this Act from sources the Secretary determines to be appropriate, \nincluding stockpiles established under the Strategic and Critical \nMaterials Stock Piling Act.\n (b) Gold.--The Secretary shall obtain any gold for minting coins \nunder this Act pursuant to the authority of the Secretary under other \nprovisions of law.\n\nSEC. 6. SALE PRICE.\n\n Each coin issued under this Act shall be sold by the Secretary at a \nprice equal to the sum of--\n (1) the face value of the coin;\n (2) the surcharge provided in section 3 with respect to \n such coin;\n (3) the cost of designing and issuing the coin (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping); and\n (4) the estimated profit determined under section 7(b) with \n respect to such coin.\n\nSEC. 7. DETERMINATION OF COSTS AND PROFIT.\n\n (a) Determination of Costs.--The Secretary shall determine the \ncosts incurred with respect to coins issued under this Act, including \noverhead costs.\n (b) Determination of Profit.--Prior to the sale of each edition of \ncoin issued under this Act, the Secretary shall calculate the estimated \nprofit to be included in the sale price of each such coin under section \n6(4).\n (c) Prohibition on Judicial Review.--Determinations made under this \nsection shall be made at the sole discretion of the Secretary and shall \nnot be subject to judicial review.\n\nSEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n Section 5112(j) of title 31, United States Code, shall apply to the \nprocurement of goods and services necessary to carry out the programs \nand operations of the United States Mint under this Act.\n\nSEC. 9. AUDITS AND REPORT.\n\n (a) The Comptroller General of the United States shall have the \nright to examine books, records, documents, and other data of the \nCorporation related to the expenditure of amounts it has received under \nsection 3(e)(1).\n (b) The Corporation shall biannually transmit a report to Congress \nand to the Secretary which shall account for the expenditure of funds \nreceived under section 3(e)(1).\n\nSEC. 10. FINANCIAL ASSURANCES.\n\n It is the sense of Congress that each coin edition issued under \nthis Act should be self-sustaining and should be administered so as not \nto result in any net cost to the Numismatic Public Enterprise Fund.","summary":"Olympic Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) issue commemorative one-dollar coins in each six-month period prior to the date upon which the Summer or Winter Olympic Games are held in a nation other than the United States. And (2) develop an expanded multi-coin commemorative coins program in each year prior to a year in which such Games are held in the United States. Expresses the sense of the Congress that each coin edition should be self-sustaining and administered so as not to result in any net cost to the Numismatic Public Enterprise Fund.","title":"Olympic Commemorative Coins Act","text_len":6147,"sum_len":583} {"bill_id":"113_s2956","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Phone Scam Prevention Act of 2014''.\n\nSEC. 2. AVAILABILITY OF WHITELIST SERVICES.\n\n (a) In General.--Part I of title II of the Communications Act of \n1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 232. AVAILABILITY OF WHITELIST SERVICES.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `voice service' means any service that \n furnishes voice communications to an end user using resources \n from the North American Numbering Plan or any successor plan \n adopted by the Commission under section 251(e)(1);\n ``(2) the term `exempt entity' means--\n ``(A) the Federal Government, a State, a political \n subdivision of a State, or an agency thereof; and\n ``(B) any entity with respect to which the \n Commission determines that allowing calls that \n originate from that entity to connect directly with the \n voice service customer premises equipment (commonly \n referred to as `CPE') of a subscriber would serve the \n public interest; and\n ``(3) the term `whitelist' means a list of telephone \n numbers, designated by a subscriber, for which calls \n originating from those numbers to the subscriber are permitted \n to connect directly with the voice service CPE of the \n subscriber.\n ``(b) Requirement To Offer Whitelist Service.--A provider of a \nvoice service shall offer each subscriber the option to designate a \nwhitelist, if technically feasible (as determined by the Commission on \na periodic basis).\n ``(c) Treatment of Nonapproved Telephone Numbers.--\n ``(1) In general.--If a subscriber elects to designate a \n whitelist under subsection (b), the provider of the voice \n service of the subscriber shall ensure that any call the \n provider receives for termination that is not associated with a \n telephone number on the whitelist of the subscriber or the \n telephone number of an exempt entity is processed according to \n preferences set by the subscriber with respect to the \n whitelist, including by limiting or disabling the ability of an \n incoming call to connect with the CPE of the subscriber.\n ``(2) Safe harbor.--Whitelist processing that, in \n accordance with the preferences of a subscriber, limits or \n disables connection with the CPE of a subscriber shall not be \n considered to be--\n ``(A) blocking traffic; or\n ``(B) an unjust or unreasonable practice under \n section 201 of the Communications Act of 1934 (47 \n U.S.C. 201).\n ``(d) Number of Telephone Numbers on Whitelist Free of Charge.--\n ``(1) In general.--A provider of a voice service shall \n allow a subscriber (or a designated representative thereof) to \n designate not less than 10 telephone numbers to be on the \n whitelist under subsection (b), free of charge.\n ``(2) Telephone numbers of exempt entities.--The telephone \n number of an exempt entity shall not be considered to be on the \n whitelist of a subscriber for purposes of calculating the 10 \n telephone numbers that may be designated under paragraph \n (1).''.\n (b) Effective Date.--Section 232 of the Communications Act of 1934, \nas added by subsection (a), shall take effect on the date that is 2 \nyears after the date of enactment of this Act.\n\nSEC. 3. AUTHENTICATION OF CALL ORIGINATION.\n\n Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 \net seq.), as amended by section 2, is amended by adding at the end the \nfollowing:\n\n``SEC. 233. AUTHENTICATION OF CALL ORIGINATION.\n\n ``(a) Definition.--In this section, the term `voice service' means \nany service that furnishes voice communications to an end user using \nresources from the North American Numbering Plan or any successor plan \nadopted by the Commission under section 251(e)(1).\n ``(b) Development of Authentication Standards by Commission.--Not \nlater than 5 years after the date of enactment of the Phone Scam \nPrevention Act of 2014, the Commission shall develop authentication \nstandards for providers of a voice service to validate the calling \nparty number and caller identification information of a call originated \nthrough a voice service so that the subscriber receiving the call may \nobtain--\n ``(1) a secure assurance of the origin of the call, \n including--\n ``(A) the calling party number; and\n ``(B) caller identification information for the \n call; or\n ``(2) notice that an assurance described in paragraph (1) \n is unavailable.\n ``(c) Adoption of Authentication Standards by Entities.--Each \nprovider of a voice service that is allocated telephone numbers from \nthe portion of the North American Numbering Plan that pertains to the \nUnited States shall adopt the authentication standards developed under \nsubsection (b).''.\n\nSEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID \n INFORMATION.\n\n (a) Communications From Outside the United States.--Section \n227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is \namended by striking ``in connection with any telecommunications service \nor IP-enabled voice service'' and inserting ``or any person outside the \nUnited States if the recipient of the call is within the United States, \nin connection with any voice service''.\n (b) Coverage of Text Messages and Other Voice Services.--Section \n227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is \namended--\n (1) in subparagraph (A), by striking ``telecommunications \n service or IP-enabled voice service'' and inserting ``voice \n service (including a text message sent using a text messaging \n service)'';\n (2) in the first sentence of subparagraph (B), by striking \n ``telecommunications service or IP-enabled voice service'' and \n inserting ``voice service (including a text message sent using \n a text messaging service)''; and\n (3) by striking subparagraph (C) and inserting the \n following:\n ``(C) Text message.--The term `text message'--\n ``(i) means a real-time or near real-time \n message consisting of text, images, sounds, or \n other information that is transmitted from or \n received by a device that is identified as the \n transmitting or receiving device by means of a \n telephone number;\n ``(ii) includes a short message service \n (commonly referred to as `SMS') message, an \n enhanced message service (commonly referred to \n as `EMS') message, and a multimedia message \n service (commonly referred to as `MMS') \n message; and\n ``(iii) does not include a real-time, 2-way \n voice or video communication.\n ``(D) Text messaging service.--The term `text \n messaging service' means a service that permits the \n transmission or receipt of a text message, including a \n service provided as part of or in connection with a \n voice service.\n ``(E) Voice service.--The term `voice service' \n means any service that furnishes voice communications \n to an end user using resources from the North American \n Numbering Plan or any successor plan adopted by the \n Commission under section 251(e)(1).''.\n (c) Rules of Construction.--Nothing in this Act shall be construed \nto modify, limit, or otherwise affect--\n (1) the authority, as of the day before the date of \n enactment of this Act, of the Federal Communications Commission \n to interpret the term ``call'' to include a text message (as \n defined under section 227(e)(8) of the Communications Act of \n 1934, as added by subsection (b)); or\n (2) any rule or order adopted by the Federal Communications \n Commission in connection with--\n (A) the Telephone Consumer Protection Act of 1991 \n (Public Law 102-243; 105 Stat. 2394) or the amendments \n made by that Act; or\n (B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et \n seq.).\n (d) Regulations.--Not later than 18 months after the date of \nenactment of this Act, the Federal Communications Commission shall \nprescribe regulations to implement the amendments made by this section.\n (e) Effective Date.--The amendments made by this section shall take \neffect on the date that is 6 months after the date on which the Federal \nCommunications Commission prescribes regulations under subsection (d).","summary":"Phone Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to require voice communications service providers to offer subscribers the option to designate a list of approved telephone numbers for which calls originating from those numbers are permitted to connect directly with the subscriber's telephone and other customer premises equipment. Requires providers to ensure that any call for termination that is not from a number on the subscriber's list is processed according to the subscriber's preferences, including by limiting or disabling the ability of an incoming call to connect with the subscriber's equipment. Exempts government and public interest calls from being subject to a subscriber's preferences. Requires the Federal Communications Commission (FCC) to develop authentication standards for providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition quot, caller identification informationquot. To include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan .","title":"Phone Scam Prevention Act of 2014","text_len":9306,"sum_len":1408} {"bill_id":"108_hr5378","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Restoration and \nRevitalization Act of 2004''.\n\nSEC. 2. MODIFICATIONS TO RULES FOR DETERMINING THE APPLICABLE \n PERCENTAGE FOR CERTAIN BUILDINGS ELIGIBLE FOR LOW-INCOME \n HOUSING CREDIT.\n\n (a) In General.--Subparagraph (B) of section 42(b)(2) of the \nInternal Revenue Code of 1986 (relating to the method of prescribing \nthe applicable percentage) is amended by striking ``and'' at the end of \nclause (i), by striking the period at the end of clause (ii) and \ninserting a comma, and by adding at the end the following new clauses:\n ``(iii) 87.5 percent of the qualified basis \n of a building described in paragraph (1)(A), if \n the basis of the building is subject to the \n basis adjustment for rehabilitation credit \n property required under section 50(c), and\n ``(iv) 37.5 percent of the qualified basis \n of a building described in paragraph (1)(B), if \n the basis of the building is subject to the \n basis adjustment for rehabilitation credit \n property required under section 50(c).''.\n (b) Effective Date.--The amendments made by this section shall \napply to--\n (1) housing credit dollar amounts allocated after December \n 31, 2003, and\n (2) buildings placed in service after such date to the \n extent paragraph (1) of section 42(h) of the Internal Revenue \n Code of 1986 does not apply to any building by reason of \n paragraph (4) thereof, but only with respect to bonds issued \n after such date.\n\nSEC. 3. MODIFICATION TO BASIS ADJUSTMENT RULE.\n\n (a) In General.--Paragraph (3) of subsection 50(c) of the Internal \nRevenue Code of 1986 (relating to special rules for determining basis) \nis amended by striking ``energy credit or reforestation credit'' and \ninserting ``energy credit, reforestation credit, or rehabilitation \ncredit''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2003.\n\nSEC. 4. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALLER \n PROJECTS.\n\n (a) In General.--Section 47 of the Internal Revenue Code of 1986 \n(relating to rehabilitation credit) is amended by adding at the end the \nfollowing new subsection:\n ``(e) Special Rule Regarding Certain Smaller Projects.--\n ``(1) In general.--In the case of any qualified \n rehabilitated building or portion thereof--\n ``(A) which is placed in service after the date of \n the enactment of this subsection, and\n ``(B) which is a smaller project,\n subsection (a)(2) shall be applied by substituting `40 percent' \n for `20 percent' with respect to qualified rehabilitation \n expenditures not over $1,000,000, and `20 percent' with respect \n to qualified rehabilitation expenditures of over $1,000,000.\n ``(2) Smaller project defined.--For purposes of this \n section, the term `smaller project' means any qualified \n rehabilitated building or portion thereof as to which--\n ``(A) the qualified rehabilitation expenditures \n reported by the taxpayer for purposes of calculating \n the credit under this section are not over $2,000,000, \n except that for purposes of making this determination, \n qualified rehabilitation expenditures attributable to \n the provisions of subsection (c)(2)(E) shall be \n disregarded, and\n ``(B) no credit was allowable under this section \n during any of the two prior taxable years, provided \n that this subparagraph shall not apply to any building \n as to which the election provided for in subsection \n (d)(5) shall have been made.\n ``(3) Coordination with subsection (d).--With respect to \n any building as to which the election provided for in \n subsection (d)(5) shall have been made, such building shall be \n deemed a smaller project only if the qualified rehabilitation \n expenditures reported by the taxpayer for purposes of \n calculating the credit under this section with respect to the \n taxable years to which such election shall apply are, in the \n aggregate, not over $2,000,000.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto property placed in service after the date of the enactment of this \nAct.\n\nSEC. 5. USE FOR LODGING NOT TO DISQUALIFY FOR REHABILITATION CREDIT \n PROPERTY WHICH IS NOT A CERTIFIED HISTORIC STRUCTURE.\n\n (a) In General.--Subparagraph (C) of section 50(b)(2) of the \nInternal Revenue Code of 1986 (relating to property eligible for the \ninvestment credit) is amended by striking ``certified historic \nstructure'' and inserting ``qualified rehabilitated building''.\n (b) Effective Date.--The amendment made by this section shall apply \nto property placed in service after the date of the enactment of this \nAct.\n\nSEC. 6. DATE BY WHICH BUILDING MUST BE FIRST PLACED IN SERVICE.\n\n (a) In General.--Subparagraph (B) of section 47(c)(1) of the \nInternal Revenue Code of 1986 (relating to the date by which building \nmust be first placed in service) is amended--\n (1) by striking ``Building must be first placed in service \n before 1936'' and inserting ``Date by which building must first \n be placed in service'', and\n (2) by striking ``before 1936'' at the end of the \n subparagraph and inserting ``no less than 50 years prior to the \n year in which qualified rehabilitation expenditures are taken \n into account under subsection (b)(1)''.\n (b) Effective Date.--The amendments made by section shall apply to \nproperty placed in service after the date of the enactment of this Act.\n\nSEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.\n\n (a) In General.--Clause (I) of section 47(c)(2)(B)(v) of the \nInternal Revenue Code of 1986 (relating to tax-exempt use property) is \namended by striking the period at the end and inserting \n``(1)(B)(ii)(IV), except that for purposes of this clause, `50 percent' \nshall be substituted for `35 percent' in applying section \n168(h)(1)(B)(iii))''.\n (b) Effective Date.--The amendments made by section shall apply to \nproperty placed in service after the date of the enactment of this Act.\n\nSEC. 8. INCREASE IN REHABILITATION CREDIT FOR BUILDINGS IN HIGH COST \n AREAS.\n\n (a) In General.--Paragraph (2) of subsection 47(c) of the Internal \nRevenue Code of 1986 (relating to the definition of qualified \nrehabilitation expenditures) is amended by adding at the end the \nfollowing new subparagraph:\n ``(E) Increase in credit for buildings in high cost \n areas.--\n ``(i) In general.--In the case of any \n qualified rehabilitated building located in a \n qualified census tract or difficult development \n area which is designated for purposes of this \n subparagraph, the qualified rehabilitation \n expenditures for purposes of this section shall \n be 130 percent of such expenditures determined \n without regard to this subparagraph.\n ``(ii) Rules.--For purposes of clause (i), \n rules similar to the rules of section \n 42(d)(5)(C) (excluding clause (i) thereof) \n shall be applied.''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.","summary":"Community Restoration and Revitalization Act of 2004 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings. (2) allow a basis reduction adjustment for property eligible for the credit, (3) increase the credit for certain smaller buildings. (4) allow property eligible for the credit to be used for lodging purposes, (5) modify placed-in-service rules for credit property. (6) modify qualification rules for credit property that is tax-exempt use property. And (7) increase the credit for buildings in high cost areas.","title":"To amend the Internal Revenue Code of 1986 to modify the rehabilitation credit and the low-income housing credit.","text_len":8123,"sum_len":584} {"bill_id":"114_hr1838","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clear Creek National Recreation Area \nand Conservation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Management plan.--The term ``management plan'' means \n the Plan for the Recreation Area prepared under section 4(c).\n (2) Recreation area.--The term ``Recreation Area'' means \n the Clear Creek National Recreation Area.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (4) State.--The term ``State'' means the State of \n California.\n (5) Off highway vehicle.--The term ``off highway vehicle'' \n means any motorized vehicle designed for or capable of cross-\n country travel on or immediately over land, water, snow, or \n other natural terrain and not intended for use on public roads.\n\nSEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.\n\n (a) In General.--To promote environmentally responsible off highway \nvehicle recreation, the area generally depicted as ``Proposed Clear \nCreek National Recreation Area'' on the map titled ``Proposed Clear \nCreek National Recreation Area'' and dated December 15, 2015, is \nestablished as the ``Clear Creek National Recreation Area'', to be \nmanaged by the Secretary.\n (b) Other Purposes.--The Recreation Area shall also support other \npublic recreational uses, such as hunting, hiking, and rock and gem \ncollecting.\n (c) Map on File.--Copies of the map referred to in subsection (a) \nshall be on file and available for public inspection in--\n (1) the Office of the Director of the Bureau of Land \n Management; and\n (2) the appropriate office of the Bureau of Land Management \n in California.\n\nSEC. 4. MANAGEMENT.\n\n (a) In General.--The Secretary shall manage the Recreation Area to \nfurther the purposes described in section 3(a), in accordance with--\n (1) this Act;\n (2) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (3) any other applicable law.\n (b) Uses.--The Secretary shall--\n (1) prioritize environmentally responsible off highway \n vehicle recreation and also facilitate hunting, hiking, gem \n collecting, and the use of motorized vehicles, mountain bikes, \n and horses in accordance with the management plan described in \n subsection (c);\n (2) issue special recreation permits for motorized and non-\n motorized events; and\n (3) reopen the Clear Creek Management Area to the uses \n described in this subsection as soon as practicable following \n the enactment of this Act and in accordance with the management \n guidelines outlined in this Act and other applicable law.\n (c) Interim Management Plan.--The Secretary shall use the 2006 \nClear Creek Management Area Resource Management Plan Amendment and \nRoute Designation Record of Decision as modified by this Act or the \nSecretary to incorporate natural resource protection information not \navailable in 2006, as the basis of an interim management plan to govern \noff highway vehicle recreation within the Recreation Area pending the \ncompletion of the long-term management plan required in subsection (d).\n (d) Permanent Management Plan.--Not later than 2 years after the \ndate of the enactment of this Act, the Secretary shall create a \ncomprehensive management plan for the Clear Creek Recreation Area \nthat--\n (1) shall describe the appropriate uses and management of \n the Recreation Area in accordance with this Act;\n (2) shall be prepared in consultation with--\n (A) appropriate Federal, State, and local agencies \n (including San Benito, Monterey, and Fresno Counties);\n (B) adjacent land owners;\n (C) other stakeholders (including conservation and \n recreational organizations); and\n (D) holders of any easements, rights-of-way, and \n other valid rights in the Recreation Area;\n (3) shall include a hazards education program to inform \n people entering the Recreation Area of the asbestos related \n risks associated with various activities within the Recreation \n Area, including off-highway vehicle recreation;\n (4) shall include a user fee program for motorized vehicle \n use within the Recreational Area and guidelines for the use of \n the funds collected for the management and improvement of the \n Recreation Area;\n (5) shall designate as many previously used trails, roads, \n and other areas for off highway vehicle recreation as feasible \n in accordance with this in order to provide a substantially \n similar recreational experience, except that nothing in this \n paragraph shall be construed as precluding the Secretary from \n closing any area, trail, or route from use for the purposes of \n public safety or resource protection;\n (6) may incorporate any appropriate decisions, as \n determined by the Secretary, in accordance with this Act, that \n are contained in any management or activity plan for the area \n completed before the date of the enactment of this Act;\n (7) may incorporate appropriate wildlife habitat management \n plans or other plans prepared for the land within or adjacent \n to the Recreation Area before the date of the enactment of this \n Act, in accordance with this Act;\n (8) may use information developed under any studies of land \n within or adjacent to the Recreation Area carried out before \n the date of enactment of this Act; and\n (9) may include cooperative agreements with State or local \n government agencies to manage all or a portion of the \n recreational activities within the Recreation Area in \n accordance with an approved management plan and the \n requirements of this Act.\n (e) Acquisition of Property.--\n (1) In general.--The Secretary may acquire land adjacent to \n the National Recreation Area by purchase from willing sellers, \n donation, or exchange.\n (2) Management.--Any land acquired under paragraph (1) \n shall be managed in accordance with--\n (A) the Federal Land Policy and Management Act of \n 1976 (43 U.S.C. 1701 et seq.);\n (B) this Act; and\n (C) any other applicable law (including \n regulations).\n (3) Improved access.--The Secretary may acquire by purchase \n from willing sellers, donation, exchange, or easement, land, or \n interest in land to improve public safety in providing access \n to the Recreation Area.\n (f) Private Property.--\n (1) Access to private property.--\n (A) In general.--The Secretary shall provide \n landowners adequate access to inholdings within the \n Recreation Area.\n (B) Inholdings.--For access purposes, private land \n adjacent to the Recreation Area to which there is no \n other practicable access except through the Recreation \n Area shall be managed as an inholding.\n (2) Use of private property.--Nothing in this Act affects \n the ownership, management, or other rights relating to any non-\n Federal land (including any interest in any non-Federal land).\n (3) Buffer zones.--Nothing in this Act creates a protective \n perimeter or buffer zone around the Recreation Area.\n (4) Valid rights.--Nothing in this Act affects any \n easements, rights-of-way, and other valid rights in existence \n on the date of the enactment of this Act.\n (g) Water Right Exclusion.--Nothing in this Act--\n (1) shall constitute or be construed to constitute either \n an express or implied reservation by the United States of any \n water or water rights with respect to the Recreation Area; or\n (2) shall affect any water rights existing on the date of \n the enactment of this Act.\n (h) Hunting and Fishing.--Nothing in this Act--\n (1) limits hunting or fishing; or\n (2) affects the authority, jurisdiction, or responsibility \n of the State to manage, control, or regulate fish and resident \n wildlife under State law (including regulations), including the \n regulation of hunting or fishing on public land managed by the \n Bureau of Land Management.\n (i) Motorized Vehicles.--Except in cases in which motorized \nvehicles are needed for administrative purposes or to respond to an \nemergency, the use of motorized vehicles on public land in the \nRecreation Area shall be permitted only on roads, trails, and areas \ndesignated by the management plan for the use by motorized vehicles.\n (j) Grazing.--In the Recreation Area, the grazing of livestock in \nareas in which grazing is allowed as of the date of the enactment of \nthis Act shall be allowed to continue, consistent with--\n (1) this Act;\n (2) the Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.); and\n (3) any regulations promulgated by the Secretary, acting \n through the Director of the Bureau of Land Management.\n (k) Withdrawal.--Subject to valid existing rights, all Federal land \nwithin the Recreation Area is withdrawn from--\n (1) all forms of entry, appropriation, and disposal under \n the public land laws;\n (2) location, entry, and patenting under the mining laws; \n and\n (3) operation of the mineral leasing, mineral materials, \n and geothermal leasing laws.\n (l) Fees.--Amounts received by the Secretary under the fee \nstructure required by subsection (d)(4) shall be--\n (1) deposited in a special account in the Treasury of the \n United States; and\n (2) made available until expended to the Secretary for use \n in the Recreation Area.\n (m) Risk Standard.--The National Oil and Hazardous Substances \nPollution Contingency Plan (section 300 of title 40, Code of Federal \nRegulations), published pursuant to section 105 of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9605), shall not apply to the Secretary's management of asbestos \nexposure risks faced by the public when recreating within the Clear \nCreek Recreation Area described in section 3(b).\n\nSEC. 5. JOAQUIN ROCKS WILDERNESS.\n\n In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the \napproximately 21,000 acres of Federal lands located in Fresno County \nand San Benito County, California, and generally depicted on a map \nentitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, \n2015, is designated as wilderness and as a component of the National \nWilderness Preservation System and shall be known as the ``Joaquin \nRocks Wilderness''.\n\nSEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.\n\n (a) Finding.--Congress finds that, for the purposes of section 603 \nof the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), \nthe San Benito Mountain wilderness study area has been adequately \nstudied for wilderness designation.\n (b) Release.--The San Benito Mountain wilderness study area is no \nlonger subject to section 603(c) of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1782(c)).\n\nSEC. 7. CLARIFICATION REGARDING FUNDING.\n\n No additional funds are authorized to carry out the requirements of \nthis Act. Such requirements shall be carried out using amounts \notherwise authorized.\n\n Passed the House of Representatives July 5, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Clear Creek National Recreation Area and Conservation Act This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. The Department of the Interior shall: prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses, issue special recreation permits for motorized and nonmotorized events. And reopen the Clear Creek Management Area to such uses. Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area. Interior shall create a comprehensive management plan for the Recreation Area, which shall include: a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation. And a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area. Interior may acquire by purchase from willing sellers, donation, or exchange: lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area. Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding. Nothing in this bill: creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife. The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan. Livestock grazing shall be allowed to continue in certain parts of the Recreation Area. The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws, (2) location, entry, and patenting under the mining laws. And (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area. The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System. The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review. No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized.","title":"Clear Creek National Recreation Area and Conservation Act","text_len":12204,"sum_len":3431} {"bill_id":"115_s2648","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Modernization Act''.\n\nSEC. 2. ECONOMIC TRANSITION CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986, as amended by section 13403(a) of \nPublic Law 115-97, is amended by adding at the end the following new \nsection:\n\n``SEC. 45T. ECONOMIC TRANSITION CREDIT.\n\n ``(a) In General.--For purposes of section 38, the amount of the \neconomic transition credit determined under this section for the \ntaxable year shall be equal to the sum of any applicable payroll taxes \npaid by an employer during the taxable year with respect to employment \nof any qualified employee.\n ``(b) Definitions.--For purposes of this section:\n ``(1) Applicable payroll taxes.--\n ``(A) In general.--The term `applicable payroll \n taxes' means, with respect to any employer for any \n taxable year, the amount of the taxes imposed by--\n ``(i) section 3111 on wages paid by an \n employer with respect to employment of \n qualified employee during the applicable \n period, and\n ``(ii) section 3221(a) on compensation paid \n by an employer with respect to services \n rendered by a qualified employee during the \n applicable period.\n ``(B) Applicable period.--For purposes of \n subparagraph (A), the term `applicable period' means \n the 3-year period beginning with the day the qualified \n employee begins work for the employer.\n ``(2) Declining field.--\n ``(A) In general.--The term `declining field' means \n any occupation or field of work which has been \n determined by the Secretary, in consultation with the \n Bureau of Labor Statistics of the Department of Labor, \n to have experienced a decline in the level of average \n employment in such occupation or field in the United \n States of not less than 8 percent over the most recent \n 3-year period for which such information is available.\n ``(B) Determination and publication.--The \n Secretary, in consultation with the Bureau of Labor \n Statistics of the Department of Labor, shall annually--\n ``(i) determine which occupations or fields \n of work satisfy the requirements described in \n subparagraph (A), and\n ``(ii) publish and make available on the \n website of the Department of the Treasury a \n complete list of such occupations and fields of \n work.\n ``(3) Qualified employee.--\n ``(A) In general.--The term `qualified employee' \n means an individual who--\n ``(i) is provided wages for employment by \n the employer (as such terms are defined in \n section 3121), provided that such employment is \n not in a declining field,\n ``(ii) is not a covered employee (as \n defined in section 162(m)(3)), and\n ``(iii) was employed in a declining field \n for any period during the 12-month period \n preceding the applicable period under paragraph \n (1)(B).\n ``(B) Nonqualifying rehires.--The term `qualifying \n employee' shall not include any individual who, prior \n to the beginning of the applicable period under \n paragraph (1)(B), had been employed by the employer at \n any time.''.\n (b) Credit Part of General Business Credit.--Section 38(b) of the \nInternal Revenue Code of 1986, as amended by section 13403(b) of Public \nLaw 115-97, is amended by striking ``plus'' at the end of paragraph \n(36), by striking the period at the end of paragraph (37) and inserting \n``, plus'', and by adding at the end the following new paragraph:\n ``(38) the economic transition credit determined under \n section 45T(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n``Sec. 45T. Economic Transition Credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR \n PROFESSIONALS IN SHORT SUPPLY.\n\n (a) In General.--\n (1) Publication.--For each calendar year beginning after \n the date of the enactment of this Act, the Secretary of the \n Treasury, in consultation with the Secretary of Labor, shall \n publish and make available on the website of the Department of \n the Treasury a list of any occupation or field of work which \n qualifies as a short supply field for such calendar year.\n (2) Short supply field.--The term ``short supply field'' \n means an occupation or field of work which the Secretary of the \n Treasury, in consultation with the Secretary of Labor, has \n determined--\n (A) requires--\n (i) theoretical and practical application \n of a body of highly specialized knowledge; and\n (ii)(I) attainment of a bachelor's or \n higher degree in the specific specialty (or its \n equivalent); or\n (II) experience in the specialty equivalent \n to the completion of such degree; and\n (B) has an insufficient number of individuals who \n are citizens or residents of the United States and are \n qualified, willing, and able to satisfy the demand for \n labor in such occupation or field of work.\n (b) Enhancements to Certain Education Tax Benefits.--\n (1) In general.--\n (A) Educational assistance programs.--Paragraph (2) \n of section 127(a) of the Internal Revenue Code of 1986 \n is amended by inserting ``(or, in the case of an \n individual employed in an occupation or field of work \n which has been designated as a short supply field for \n such calendar year pursuant to section 3(a) of the \n Economic Modernization Act, the first $15,000 of such \n assistance so furnished)'' before the period at the \n end.\n (B) Interest on education loans.--Paragraph (1) of \n section 221(b) of the Internal Revenue Code of 1986 is \n amended by inserting ``(or, in the case of a individual \n employed in an occupation or field of work which has \n been designated, pursuant to section 3(a) of the \n Economic Modernization Act, as a short supply field for \n the calendar year in which such taxable year began, \n shall not exceed $8,000)'' before the period at the \n end.\n (C) Qualified tuition and related expenses.--\n Paragraph (1) of section 222(b) of the Internal Revenue \n Code of 1986 is amended by inserting ``(or, in the case \n of an individual employed in an occupation or field of \n work which has been designated, pursuant to section \n 3(a) of the Economic Modernization Act, as a short \n supply field for the calendar year in which such \n taxable year began, an amount equal to the applicable \n dollar limit multiplied by 2)'' before the period at \n the end.\n (2) Exclusion for certain employer payments of student \n loans.--\n (A) In general.--Paragraph (1) of section 127(c) of \n the Internal Revenue Code of 1986 is amended by \n striking ``and'' at the end of subparagraph (A), by \n redesignating subparagraph (B) as subparagraph (C), and \n by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) in the case of an employee employed in an \n occupation or field of work which has been designated \n as a short supply field for a calendar year pursuant to \n section 3(a) of the Economic Modernization Act, the \n payment by an employer during such calendar year, \n whether paid to the employee or to a lender, of \n principal or interest on any qualified education loan \n (as defined in section 221(d)(1)) incurred by the \n employee, and''.\n (B) Conforming amendment; denial of double \n benefit.--Paragraph (1) of section 221(e) of the \n Internal Revenue Code of 1986 is amended by inserting \n before the period the following: ``, or for which an \n exclusion is allowable under section 127 to the \n taxpayer's employer by reason of the payment by such \n employer of any indebtedness on a qualified education \n loan of the taxpayer''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after the date of the \n enactment of this Act.\n\nSEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME.\n\n (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting after section 181 \nthe following new section:\n\n``SEC. 182. QUALIFIED ENTERPRISE INCOME.\n\n ``(a) In General.--In the case of a qualified taxpayer, there shall \nbe allowed as a deduction an amount equal to any qualified enterprise \nincome of such taxpayer.\n ``(b) Limitation.--The amount of the deduction allowed under \nsubsection (a) for any taxable year shall not exceed an amount equal to \n50 percent of the W-2 wages paid by the qualified taxpayer during such \ntaxable year.\n ``(c) Definitions.--In this section:\n ``(1) Qualified enterprise income.--\n ``(A) In general.--The term `qualified enterprise \n income' means the amount equal to the excess (if any) \n of--\n ``(i) the gross receipts of the qualified \n taxpayer for the taxable year which are \n properly allocable to a qualified facility, \n over\n ``(ii) an amount equal to the sum of--\n ``(I) the cost of goods sold which \n are allocable to such receipts, and\n ``(II) any other expenses, losses \n or deductions (with the exception of \n the deduction allowed under this \n section) which are allocable to such \n receipts.\n ``(B) Limitation.--The term `qualified enterprise \n income' shall apply only to gross receipts described in \n subparagraph (A) for the 3-taxable-year period \n beginning after the qualified facility is placed in \n service.\n ``(C) Method of allocation.--The Secretary shall \n prescribe regulations for ensuring proper allocation of \n amounts under subparagraph (A).\n ``(2) Qualified facility.--\n ``(A) In general.--The term `qualified facility' \n means any nonresidential building (and its structural \n components) which--\n ``(i) prior to 2000, was placed in service \n and used in the active conduct of a trade or \n business by a person other than the qualified \n taxpayer,\n ``(ii) after being acquired by the \n qualified taxpayer, has been substantially \n rehabilitated,\n ``(iii) during the 2-year period prior to \n commencement of rehabilitation by the qualified \n taxpayer, was not used in the active conduct of \n a trade or business, and\n ``(iv) is located within a State.\n ``(B) Substantial rehabilitation.--For purposes of \n this paragraph, a building shall be deemed to have been \n substantially rehabilitated only if--\n ``(i) not less than 50 percent of the \n existing external walls of such building are \n retained in place as external walls,\n ``(ii) not less than 75 percent of the \n existing internal structural framework of such \n building is retained in place, and\n ``(iii) the amount properly chargeable to \n the capital account for any addition to or \n improvement of the building is in excess of an \n amount equal to the greater of--\n ``(I) the adjusted basis of such \n building (and its structural \n components), or\n ``(II) $20,000.\n ``(3) Qualified taxpayer.--The term `qualified taxpayer' \n means the person that owns the qualified facility and directly \n incurs not less than 50 percent of the expenses for \n substantially rehabilitating such facility (under rules similar \n to the rules applicable to self-rehabilitated buildings under \n section 47(d)(4)).\n ``(4) State.--The term `State' means any State of the \n United States or the District of Columbia or any Territory or \n possession of the United States.\n ``(5) W-2 wages.--\n ``(A) In general.--The term `W-2 wages' means, with \n respect to any person for any taxable year of such \n person, the amounts described in paragraphs (3) and (8) \n of section 6051(a) paid by such person with respect to \n employment of employees by such person during the \n calendar year ending during such taxable year.\n ``(B) Limitation to wages attributable to qualified \n enterprise income.--Such term shall not include any \n amount which is not properly allocable to qualified \n enterprise income for purposes of subsection (c)(1).\n ``(C) Return requirement.--Such term shall not \n include any amount which is not properly included in a \n return filed with the Social Security Administration on \n or before the 60th day after the due date (including \n extensions) for such return.''.\n (b) Clerical Amendment.--The table of sections for part VI of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new item:\n\n``Sec. 182. Qualified Enterprise Income.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A quot, declining fieldquot. Has experienced a decline in the level of average employment of at least 8 over the most recent 3-year period. A quot, short-supplyquot. Field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty. And (2) has an insufficient number of US citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50 of the wages paid by the company.","title":"Economic Modernization Act","text_len":16318,"sum_len":1486} {"bill_id":"108_hr3004","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electric Reliability Improvement Act \nof 2003''.\n\nSEC. 2. ELECTRIC RELIABILITY STANDARDS.\n\n Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended \nby inserting the following new section at the end thereof:\n\n``SEC. 215. ELECTRIC RELIABILITY.\n\n ``(a) Definitions.--For purposes of this section--\n ``(1) The term `bulk-power system' means--\n ``(A) facilities and control systems necessary for \n operating an interconnected electric energy \n transmission network (or any portion thereof); and\n ``(B) electric energy from generation facilities \n needed to maintain transmission system reliability.\n The term does not include facilities used in the local \n distribution of electric energy.\n ``(2) The terms `Electric Reliability Organization' and \n `ERO' mean the organization certified by the Commission under \n subsection (c) the purpose of which is to establish and enforce \n reliability standards for the bulk-power system, subject to \n Commission review.\n ``(3) The term `reliability standard' means a requirement, \n approved by the Commission under this section, to provide for \n reliable operation of the bulk-power system. The term includes \n requirements for the operation of existing bulk-power system \n facilities and the design of planned additions or modifications \n to such facilities to the extent necessary to provide for \n reliable operation of the bulk-power system, but the term does \n not include any requirement to enlarge such facilities or to \n construct new transmission capacity or generation capacity.\n ``(4) The term `reliable operation' means operating the \n elements of the bulk-power system within equipment and electric \n system thermal, voltage, and stability limits so that \n instability, uncontrolled separation, or cascading failures of \n such system will not occur as a result of a sudden disturbance \n or unanticipated failure of system elements.\n ``(5) The term `Interconnection' means a geographic area in \n which the operation of bulk-power system components is \n synchronized such that the failure of one or more of such \n components may adversely affect the ability of the operators of \n other components within the system to maintain reliable \n operation of the facilities within their control.\n ``(6) The term `transmission organization' means a regional \n transmission organization, independent system operator, \n independent transmission provider, or other transmission \n organization finally approved by the Commission for the \n operation of transmission facilities.\n ``(7) The term `regional entity' means an entity having \n enforcement authority pursuant to subsection (e)(4).\n ``(b) Jurisdiction and Applicability.--(1) The Commission shall \nhave jurisdiction, within the United States, over the ERO certified by \nthe Commission under subsection (c), any regional entities, and all \nusers, owners and operators of the bulk-power system, including but not \nlimited to the entities described in section 201(f), for purposes of \napproving reliability standards established under this section and \nenforcing compliance with this section. All users, owners and operators \nof the bulk-power system shall comply with reliability standards that \ntake effect under this section.\n ``(2) The Commission shall issue a final rule to implement the \nrequirements of this section not later than 180 days after the date of \nenactment of this section.\n ``(c) Certification.--Following the issuance of a Commission rule \nunder subsection (b)(2), any person may submit an application to the \nCommission for certification as the Electric Reliability Organization \n(ERO). The Commission may certify one such ERO if the Commission \ndetermines that such ERO--\n ``(1) has the ability to develop and enforce, subject to \n subsection (e)(2), reliability standards that provide for an \n adequate level of reliability of the bulk-power system; and\n ``(2) has established rules that--\n ``(A) assure its independence of the users and \n owners and operators of the bulk-power system, while \n assuring fair stakeholder representation in the \n selection of its directors and balanced decisionmaking \n in any ERO committee or subordinate organizational \n structure;\n ``(B) allocate equitably reasonable dues, fees, and \n other charges among end users for all activities under \n this section;\n ``(C) provide fair and impartial procedures for \n enforcement of reliability standards through the \n imposition of penalties in accordance with subsection \n (e) (including limitations on activities, functions, or \n operations, or other appropriate sanctions);\n ``(D) provide for reasonable notice and opportunity \n for public comment, due process, openness, and balance \n of interests in developing reliability standards and \n otherwise exercising its duties; and\n ``(E) provide for taking, after certification, \n appropriate steps to gain recognition in Canada and \n Mexico.\n ``(d) Reliability Standards.--(1) The Electric Reliability \nOrganization shall file each reliability standard or modification to a \nreliability standard that it proposes to be made effective under this \nsection with the Commission.\n ``(2) The Commission may approve, by rule or order, a proposed \nreliability standard or modification to a reliability standard if it \ndetermines that the standard is just, reasonable, not unduly \ndiscriminatory or preferential, and in the public interest. The \nCommission shall give due weight to the technical expertise of the \nElectric Reliability Organization with respect to the content of a \nproposed standard or modification to a reliability standard and to the \ntechnical expertise of a regional entity organized on an \nInterconnection-wide basis with respect to a reliability standard to be \napplicable within that Interconnection, but shall not defer with \nrespect to the effect of a standard on competition. A proposed standard \nor modification shall take effect upon approval by the Commission.\n ``(3) The Electric Reliability Organization shall rebuttably \npresume that a proposal from a regional entity organized on an \nInterconnection-wide basis for a reliability standard or modification \nto a reliability standard to be applicable on an Interconnection-wide \nbasis is just, reasonable, and not unduly discriminatory or \npreferential, and in the public interest.\n ``(4) The Commission shall remand to the Electric Reliability \nOrganization for further consideration a proposed reliability standard \nor a modification to a reliability standard that the Commission \ndisapproves in whole or in part.\n ``(5) The Commission, upon its own motion or upon complaint, may \norder the Electric Reliability Organization to submit to the Commission \na proposed reliability standard or a modification to a reliability \nstandard that addresses a specific matter if the Commission considers \nsuch a new or modified reliability standard appropriate to carry out \nthis section.\n ``(6) The final rule adopted under subsection (b)(2) shall include \nfair processes for the identification and timely resolution of any \nconflict between a reliability standard and any function, rule, order, \ntariff, rate schedule, or agreement accepted, approved, or ordered by \nthe Commission applicable to a transmission organization. Such \ntransmission organization shall continue to comply with such function, \nrule, order, tariff, rate schedule or agreement accepted approved, or \nordered by the Commission until--\n ``(A) the Commission finds a conflict exists between a \n reliability standard and any such provision;\n ``(B) the Commission orders a change to such provision \n pursuant to section 206 of this part; and\n ``(C) the ordered change becomes effective under this part.\nIf the Commission determines that a reliability standard needs to be \nchanged as a result of such a conflict, it shall order the ERO to \ndevelop and file with the Commission a modified reliability standard \nunder paragraph (4) or (5) of this subsection.\n ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph \n(2), a penalty on a user or owner or operator of the bulk-power system \nfor a violation of a reliability standard approved by the Commission \nunder subsection (d) if the ERO, after notice and an opportunity for a \nhearing--\n ``(A) finds that the user or owner or operator has violated \n a reliability standard approved by the Commission under \n subsection (d); and\n ``(B) files notice and the record of the proceeding with \n the Commission.\n ``(2) A penalty imposed under paragraph (1) may take effect not \nearlier than the 31st day after the electric reliability organization \nfiles with the Commission notice of the penalty and the record of \nproceedings. Such penalty shall be subject to review by the Commission, \non its own motion or upon application by the user, owner or operator \nthat is the subject of the penalty filed within 30 days after the date \nsuch notice is filed with the Commission. Application to the Commission \nfor review, or the initiation of review by the Commission on its own \nmotion, shall not operate as a stay of such penalty unless the \nCommission otherwise orders upon its own motion or upon application by \nthe user, owner or operator that is the subject of such penalty. In any \nproceeding to review a penalty imposed under paragraph (1), the \nCommission, after notice and opportunity for hearing (which hearing may \nconsist solely of the record before the electric reliability \norganization and opportunity for the presentation of supporting reasons \nto affirm, modify, or set aside the penalty), shall by order affirm, \nset aside, reinstate, or modify the penalty, and, if appropriate, \nremand to the electric reliability organization for further \nproceedings. The Commission shall implement expedited procedures for \nsuch hearings.\n ``(3) On its own motion or upon complaint, the Commission may order \ncompliance with a reliability standard and may impose a penalty against \na user or owner or operator of the bulk-power system, if the Commission \nfinds, after notice and opportunity for a hearing, that the user or \nowner or operator of the bulk-power system has engaged or is about to \nengage in any acts or practices that constitute or will constitute a \nviolation of a reliability standard.\n ``(4) The Commission shall establish regulations authorizing the \nERO to enter into an agreement to delegate authority to a regional \nentity for the purpose of proposing reliability standards to the ERO \nand enforcing reliability standards under paragraph (1) if--\n ``(A) the regional entity is governed by--\n ``(i) an independent board;\n ``(ii) a balanced stakeholder board; or\n ``(iii) a combination independent and balanced \n stakeholder board.\n ``(B) the regional entity otherwise satisfies the \n provisions of subsection (c)(1) and (2); and\n ``(C) the agreement promotes effective and efficient \n administration of bulk-power system reliability.\nThe Commission may modify such delegation. The ERO and the Commission \nshall rebuttably presume that a proposal for delegation to a regional \nentity organized on an Interconnection-wide basis promotes effective \nand efficient administration of bulk-power system reliability and \nshould be approved. Such regulation may provide that the Commission may \nassign the ERO's authority to enforce reliability standards under \nparagraph (1) directly to a regional entity consistent with the \nrequirements of this paragraph.\n ``(5) The Commission may take such action as is necessary or \nappropriate against the ERO or a regional entity to ensure compliance \nwith a reliability standard or any Commission order affecting the ERO \nor a regional entity.\n ``(6) Any penalty imposed under this section shall bear a \nreasonable relation to the seriousness of the violation and shall take \ninto consideration the efforts of such user, owner, or operator to \nremedy the violation in a timely manner.\n ``(f) Changes in Electricity Reliability Organization Rules.--The \nElectric Reliability Organization shall file with the Commission for \napproval any proposed rule or proposed rule change, accompanied by an \nexplanation of its basis and purpose. The Commission, upon its own \nmotion or complaint, may propose a change to the rules of the Electric \nReliability Organization. A proposed rule or proposed rule change shall \ntake effect upon a finding by the Commission, after notice and \nopportunity for comment, that the change is just, reasonable, not \nunduly discriminatory or preferential, is in the public interest, and \nsatisfies the requirements of subsection (c).\n ``(g) Reliability Reports.--The Electric Reliability Organization \nshall conduct periodic assessments of the reliability and adequacy of \nthe bulk-power system in North America.\n ``(h) Coordination With Canada and Mexico.--The President is urged \nto negotiate international agreements with the governments of Canada \nand Mexico to provide for effective compliance with reliability \nstandards and the effectiveness of the Electric Reliability \nOrganization in the United States and Canada or Mexico.\n ``(i) Savings Provisions.--(1) The Electric Reliability \nOrganization shall have authority to develop and enforce compliance \nwith reliability standards for only the bulk-power system.\n ``(2) This section does not authorize the Electric Reliability \nOrganization or the Commission to order the construction of additional \ngeneration or transmission capacity or to set and enforce compliance \nwith standards for adequacy or safety of electric facilities or \nservices.\n ``(3) Nothing in this section shall be construed to preempt any \nauthority of any State to take action to ensure the safety, adequacy, \nand reliability of electric service within that State, as long as such \naction is not inconsistent with any reliability standard.\n ``(4) Within 90 days of the application of the Electric Reliability \nOrganization or other affected party, and after notice and opportunity \nfor comment, the Commission shall issue a final order determining \nwhether a State action is inconsistent with a reliability standard, \ntaking into consideration any recommendation of the Electric \nReliability Organization.\n ``(5) The Commission, after consultation with the Electric \nReliability Organization and the State taking action, may stay the \neffectiveness of any State action, pending the Commission's issuance of \na final order.\n ``(j) Regional Advisory Bodies.--The Commission shall establish a \nregional advisory body on the petition of at least two-thirds of the \nStates within a region that have more than one-half of their electric \nload served within the region. A regional advisory body shall be \ncomposed or of one member from each participating State in the region, \nappointed by the Governor of each State, and may include \nrepresentatives of agencies, States, and provinces outside the United \nStates. A regional advisory body may provide advice to the Electric \nReliability Organization, a regional entity, or the Commission \nregarding the governance of an existing or proposed regional entity \nwithin the same region, whether a standard proposed to apply within the \nregion is just, reasonable, not unduly discriminatory or preferential, \nand in the public interest, whether fees proposed to be assessed within \nthe region are just, reasonable, not unduly discriminatory or \npreferential, and in the public interest and any other responsibilities \nrequested by the Commission. The Commission may give deference to the \nadvice of any such regional advisory body if that body is organized on \nan Interconnection-wide basis.\n ``(k) Application to Alaska and Hawaii.--The provisions of this \nsection do not apply to Alaska or Hawaii.''.","summary":"Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system. Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico. Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards. Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC. Declares this Act inapplicable to Alaska or Hawaii.","title":"To improve the reliability of the Nation's electric transmission system.","text_len":16762,"sum_len":1431} {"bill_id":"110_hr4750","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Relief and Fulfilling Our \nObligation to Patriotic Soldiers Act of 2007''.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME OF ENLISTMENT AND REENLISTMENT \n BONUSES FOR MEMBERS OF THE ARMED FORCES.\n\n (a) In General.--Section 112 of the Internal Revenue Code of 1986 \n(relating to certain combat zone compensation of members of the Armed \nForces) is amended by redesignating subsections (c) and (d) as \nsubsections (d) and (e), respectively, and by inserting after \nsubsection (b) the following new subsection:\n ``(c) Qualified Bonus.--Gross income does not include a qualified \nbonus.''.\n (b) Qualified Bonus Defined.--Subsection (d) of section 112 of such \nCode (relating to definitions), as redesignated by subsection (a), is \namended by adding at the end the following new paragraph:\n ``(6) Qualified bonus.--\n ``(A) In general.--The term `qualified bonus' means \n an enlistment, accession, reenlistment, retention, \n incentive, or other bonus paid by the Secretary \n concerned to a member of the Armed Forces of the United \n States in exchange for the agreement of the member to \n accept a commission as an officer, extend an active \n service commitment as an officer, enlist, reenlist, or \n extend an enlistment as an enlisted member in an active \n or reserve component, or enter into a reserve \n affiliation agreement.\n ``(B) Other definitions.--For purposes of \n subparagraph (A), the terms `active service', `enlisted \n member', `officer', and `Secretary concerned' have the \n meanings given to such terms in section 101 of title \n 10, United States Code.''.\n (c) Conforming Amendments.--\n (1) Section 2201 of such Code is amended by striking \n ``section 112(c)'' both places it appears and inserting \n ``section 112(d)''.\n (2) The heading for section 112 of such Code is amended by \n inserting ``and other'' before ``compensation''.\n (3) Section 3401(a)(1) of such Code is amended by inserting \n ``and other'' before ``compensation''.\n (4) The table of sections for part III of subchapter B of \n chapter 1 of such Code is amended by striking the item relating \n to section 112 and inserting the following new item:\n\n``Sec. 112. Certain combat zone and other compensation of members of \n the Armed Forces.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED \n FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED \n INJURY.\n\n (a) Payment Required.--Chapter 17 of title 37, United States Code, \nis amended by inserting after section 903 the following new section:\n``Sec. 904. Continued payment of bonuses to members retired or \n separated due to combat-related injuries\n ``(a) Payment Required.--In the case of a member of the armed \nforces who is retired or separated for disability under chapter 61 of \ntitle 10, due to a combat-related injury, the Secretary of Defense \nshall require the continued payment to the member of any bonus \ndescribed in subsection (b) that the member--\n ``(1) was entitled to immediately before the retirement or \n separation of the member; and\n ``(2) would continue to be entitled to if the member was \n not retired or separated.\n ``(b) Covered Bonuses.--The bonuses referred to in subsection (a) \nare the following (numbers refer to the corresponding section in \nchapter 5 of this title):\n ``(1) 301b. Special pay for aviation career officers \n extending period of active duty.\n ``(2) 301d. Multiyear retention bonus for medical officers \n of the armed forces.\n ``(3) 301e. Multiyear retention bonus for dental officers \n of the armed forces.\n ``(4) 302d. Accession bonus for registered nurses.\n ``(5) 302h. Accession bonus for dental officers.\n ``(6) 302j. Accession bonus for pharmacy officers.\n ``(7) 302k. Accession bonus for medical officers in \n critically short wartime specialties.\n ``(8) 302l. Accession bonus for dental specialist officers \n in critically short wartime specialties.\n ``(9) 308. Reenlistment bonus.\n ``(10) 308b. Reenlistment bonus for members of the Selected \n Reserve.\n ``(11) 308c. Bonus for affiliation or enlistment in the \n Selected Reserve.\n ``(12) 308g. Bonus for enlistment in elements of the Ready \n Reserve other than the Selected Reserve.\n ``(13) 308h. Bonus for reenlistment, or voluntary extension \n of enlistment in elements of the Ready Reserve other than the \n Selected Reserve.\n ``(14) 308i. Prior service enlistment bonus.\n ``(15) 308j. Affiliation bonus for officers in the Selected \n Reserve.\n ``(16) 309. Enlistment bonus.\n ``(17) 312. Special pay for nuclear-qualified officers \n extending period of active duty.\n ``(18) 312b. Nuclear career accession bonus.\n ``(19) 312c. Nuclear career annual incentive bonus.\n ``(20) 315. Engineering and scientific career continuation \n pay.\n ``(21) 316. Bonus for members with foreign language \n proficiency.\n ``(22) 317. Special pay for officers in critical \n acquisition positions extending period of active duty.\n ``(23) 318. Special pay for special warfare officers \n extending period of active duty.\n ``(24) 319. Surface warfare officer continuation pay.\n ``(25) 321. Judge advocate continuation pay.\n ``(26) 322. 15-year career status bonus for members \n entering service on or after August 1, 1986.\n ``(27) 323. Retention incentives for members qualified in \n critical military skills or assigned to high priority units.\n ``(28) 324. Accession bonus for new officers in critical \n skills.\n ``(29) 326. Incentive bonus for conversion to military \n occupational specialty to ease personnel shortage.\n ``(30) 327. Incentive bonus for transfer between armed \n forces.\n ``(31) 329. Incentive bonus for retired members and reserve \n component members volunteering for high-demand, low-density \n assignments.\n ``(32) 330. Accession bonus for officer candidates.\n ``(c) Time for Payment.--A bonus required to be paid to a member \nunder this section shall be paid to the member in a lump sum not later \nthan 30 days after the date of the retirement or separation of the \nmember, notwithstanding any terms to the contrary in the agreement \nunder which the bonus was originally authorized.\n ``(d) Combat-Related Injury Defined.--In this section, the term \n`combat-related injury' means an injury--\n ``(1) for which the member was awarded the Purple Heart; or\n ``(2) that was incurred (as determined under criteria \n prescribed by the Secretary of Defense)--\n ``(A) as a direct result of armed conflict;\n ``(B) while engaged in hazardous service;\n ``(C) in the performance of duty under conditions \n simulating war; or\n ``(D) through an instrumentality of war.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item \nrelating to section 903 the following new item:\n\n``904. Continued payment of bonuses to members retired or separated due \n to combat-related injuries.''.","summary":"Tax Relief and Fulfilling Our Obligation to Patriotic Soldiers Act of 2007 - Amends the Internal Revenue Code to exclude from gross income payments made to members of the Armed Forces as enlistment and reenlistment bonuses. Requires the Secretary of Defense to continue the payment to members of the Armed Forces who are retired or separated for disability due to a combat-related injury of certain bonuses to which such members were entitled immediately before retirement or separation and to which such members would continue to be entitled if they were not retired or separated.","title":"To amend the Internal Revenue Code of 1986 to exclude from gross income any enlistment, accession, reenlistment, retention, or incentive bonus paid to a member of the Armed Forces and to amend title 37, United States Code, to require the Secretary of Defense to continue to pay to a member of the Armed Forces who is retired or separated from the Armed Forces due to a combat-related injury certain bonuses that the member was entitled to before the retirement or separation and would continue to be entitled to if the member was not retired or separated.","text_len":8106,"sum_len":581} {"bill_id":"110_s1944","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Justice for Victims of State \nSponsored Terrorism Act''.\n\nSEC. 2. TERRORISM EXCEPTION TO IMMUNITY.\n\n (a) In General.--Chapter 97 of title 28, United States Code, is \namended by inserting after section 1605 the following:\n``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a \n foreign state\n ``(a) In General.--\n ``(1) No immunity.--A foreign state shall not be immune \n from the jurisdiction of courts of the United States or of the \n States in any case not otherwise covered by this chapter in \n which money damages are sought against a foreign state for \n personal injury or death that was caused by an act of torture, \n extrajudicial killing, aircraft sabotage, hostage taking, or \n the provision of material support or resources (as defined in \n section 2339A of title 18) for such an act if such act or \n provision of material support is engaged in by an official, \n employee, or agent of such foreign state while acting within \n the scope of his or her office, employment, or agency.\n ``(2) Claim heard.--The court shall hear a claim under this \n section if--\n ``(A) the foreign state was designated as a state \n sponsor of terrorism under section 6(j) of the Export \n Administration Act of 1979 (50 U.S.C. App. 2405(j)) or \n section 620A of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2371) at the time the act occurred, unless later \n designated as a result of such act;\n ``(B) the claimant or the victim was--\n ``(i) a national of the United States (as \n that term is defined in section 101(a)(22) of \n the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(22));\n ``(ii) a member of the Armed Forces of the \n United States (as that term is defined in \n section 976 of title 10); or\n ``(iii) otherwise an employee of the \n government of the United States or one of its \n contractors acting within the scope of their \n employment when the act upon which the claim is \n based occurred; or\n ``(C) where the act occurred in the foreign state \n against which the claim has been brought, the claimant \n has afforded the foreign state a reasonable opportunity \n to arbitrate the claim in accordance with the accepted \n international rules of arbitration.\n ``(b) Definition.--For purposes of this section--\n ``(1) the terms `torture' and `extrajudicial killing' have \n the meaning given those terms in section 3 of the Torture \n Victim Protection Act of 1991 (28 U.S.C. 1350 note);\n ``(2) the term `hostage taking' has the meaning given that \n term in Article 1 of the International Convention Against the \n Taking of Hostages; and\n ``(3) the term `aircraft sabotage' has the meaning given \n that term in Article 1 of the Convention for the Suppression of \n Unlawful Acts Against the Safety of Civil Aviation.\n ``(c) Time Limit.--An action may be brought under this section if \nthe action is commenced not later than the latter of--\n ``(1) 10 years after April 24, 1996; or\n ``(2) 10 years from the date on which the cause of action \n arose.\n ``(d) Private Right of Action.--A private cause of action may be \nbrought against a foreign state designated under section 6(j) of the \nExport Administration Act of 1979 (50 U.S.C. 2405(j)), and any \nofficial, employee, or agent of said foreign state while acting within \nthe scope of his or her office, employment, or agency which shall be \nliable to a national of the United States (as that term is defined in \nsection 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(22)), a member of the Armed Forces of the United States (as \nthat term is defined in section 976 of title 10), or an employee of the \ngovernment of the United States or one of its contractors acting within \nthe scope of their employment or the legal representative of such a \nperson for personal injury or death caused by acts of that foreign \nstate or its official, employee, or agent for which the courts of the \nUnited States may maintain jurisdiction under this section for money \ndamages which may include economic damages, solatium, pain, and \nsuffering, and punitive damages if the acts were among those described \nin this section. A foreign state shall be vicariously liable for the \nactions of its officials, employees, or agents.\n ``(e) Additional Damages.--After an action has been brought under \nsubsection (d), actions may also be brought for reasonably foreseeable \nproperty loss, whether insured or uninsured, third party liability, and \nlife and property insurance policy loss claims.\n ``(f) Special Masters.--\n ``(1) In general.--The Courts of the United States may from \n time to time appoint special masters to hear damage claims \n brought under this section.\n ``(2) Transfer of funds.--The Attorney General shall \n transfer, from funds available for the program under sections \n 1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to \n the Administrator of the United States District Court in which \n any case is pending which has been brought pursuant to section \n 1605(a)(7) such funds as may be required to carry out the \n Orders of that United States District Court appointing Special \n Masters in any case under this section. Any amount paid in \n compensation to any such Special Master shall constitute an \n item of court costs.\n ``(g) Appeal.--In an action brought under this section, appeals \nfrom orders not conclusively ending the litigation may only be taken \npursuant to section 1292(b) of this title.\n ``(h) Property Disposition.--\n ``(1) In general.--In every action filed in a United States \n district court in which jurisdiction is alleged under this \n section, the filing of a notice of pending action pursuant to \n this section, to which is attached a copy of the complaint \n filed in the action, shall have the effect of establishing a \n lien of lis pendens upon any real property or tangible personal \n property located within that judicial district that is titled \n in the name of any defendant, or titled in the name of any \n entity controlled by any such defendant if such notice contains \n a statement listing those controlled entities.\n ``(2) Notice.--A notice of pending action pursuant to this \n section shall be filed by the clerk of the district court in \n the same manner as any pending action and shall be indexed by \n listing as defendants all named defendants and all entities \n listed as controlled by any defendant.\n ``(3) Enforceability.--Liens established by reason of this \n subsection shall be enforceable as provided in chapter 111 of \n this title.''.\n (b) Amendment to Chapter Analysis.--The chapter analysis for \nchapter 97 of title 28, United States Code, is amended by inserting \nafter the item for section 1605 the following:\n\n``1605A. Terrorism exception to the jurisdictional immunity of a \n foreign state.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n (a) Property.--Section 1610 of title 28, United States Code, is \namended by adding at the end the following:\n ``(g) Property in Certain Actions.--\n ``(1) In general.--The property of a foreign state, or \n agency or instrumentality of a foreign state, against which a \n judgment is entered under this section, including property that \n is a separate juridical entity, is subject to execution upon \n that judgment as provided in this section, regardless of--\n ``(A) the level of economic control over the \n property by the government of the foreign state;\n ``(B) whether the profits of the property go to \n that government;\n ``(C) the degree to which officials of that \n government manage the property or otherwise control its \n daily affairs;\n ``(D) whether that government is the sole \n beneficiary in interest of the property; or\n ``(E) whether establishing the property as a \n separate entity would entitle the foreign state to \n benefits in United States courts while avoiding its \n obligations.\n ``(2) United states sovereign immunity inapplicable.--Any \n property of a foreign state, or agency or instrumentality of a \n foreign state, to which paragraph (1) applies shall not be \n immune from execution upon a judgment entered under this \n section because the property is regulated by the United States \n Government by reason of action taken against that foreign state \n under the Trading With the Enemy Act or the International \n Emergency Economic Powers Act.''.\n (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of \nCrime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking \n``December 21, 1988, with respect to which an investigation or'' and \ninserting ``October 23, 1983, with respect to which an investigation or \ncivil or criminal''.\n (c) General Exception.--Section 1605 of title 28, United States \nCode, is amended--\n (1) in subsection (a)--\n (A) in paragraph (5)(B), by inserting ``or'' after \n the semicolon;\n (B) in paragraph (6)(D), by striking ``; or'' and \n inserting a period; and\n (C) by striking paragraph (7); and\n (2) by striking subsections (e) and (f).\n\nSEC. 4. APPLICATION TO PENDING CASES.\n\n (a) In General.--The amendments made by this Act shall apply to any \nclaim arising under section 1605A or 1605(g) of title 28, United States \nCode, as added by this Act.\n (b) Prior Actions.--Any judgment or action brought under section \n1605(a)(7) of title 28, United States Code, or section 101(c) of Public \nLaw 104-208 after the effective date of such provisions relying on \neither of these provisions as creating a cause of action, which has \nbeen adversely affected on the grounds that either or both of these \nprovisions fail to create a cause of action opposable against the \nstate, and which is still before the courts in any form, including \nappeal or motion under Federal Rule of Civil Procedure 60(b), shall, on \nmotion made to the Federal District Court where the judgment or action \nwas initially entered, be given effect as if it had originally been \nfiled pursuant to section 1605A(d) of title 28, United States Code. The \ndefenses of res judicata, collateral estoppel and limitation period are \nwaived in any re-filed action described in this paragraph and based on \nthe such claim. Any such motion or re-filing must be made not later \nthan 60 days after enactment of this Act.","summary":"Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of US courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents. (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism. (3) making foreign states vicariously liable for the actions of their officials, employees, or agents. (4) limiting appeals in cases against foreign states involving terrorist-related injuries. And (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state.","title":"A bill to provide justice for victims of state-sponsored terrorism.","text_len":11600,"sum_len":944} {"bill_id":"108_hr5083","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wild Sky Wilderness and Backcountry \nWilderness Management Area Act of 2004''.\n\nSEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS \n PRESERVATION SYSTEM.\n\n (a) Designation.--Certain Federal lands in the State of Washington \ncomprising approximately 92,722 acres, as generally depicted on the map \nentitled ``Wild Sky Wilderness and Backcountry Wilderness Management \nArea Proposal'' and dated September 2004, are hereby designated as \nwilderness and, therefore, as a component of the National Wilderness \nPreservation System. The Federal lands designated as wilderness by this \nsubsection shall be known as the Wild Sky Wilderness.\n (b) Maps and Legal Descriptions.--As soon as practicable after the \ndate of the enactment of this Act, the Secretary of Agriculture shall \nfile a map and a legal description for the Wild Sky Wilderness with the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Resources of the House of Representatives. The map and \nlegal description shall have the same force and effect as if included \nin this Act, except that the Secretary of Agriculture may correct \nclerical and typographical errors in the legal description and map. The \nmap and legal description shall be on file and available for public \ninspection in the office of the Chief of the Forest Service.\n (c) Administration.--Subject to valid existing rights, the \nSecretary of Agriculture shall manage the Wild Sky Wilderness in \naccordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this \nAct, except that, with respect to the Wild Sky Wilderness, any \nreference in the Wilderness Act to the effective date of the Wilderness \nAct shall be deemed to be a reference to the date of enactment of this \nAct. To fulfill the purposes of this Act and the Wilderness Act and to \nachieve administrative efficiencies, the Secretary may manage the Wild \nSky Wilderness as a comprehensive part of the larger complex of \nadjacent and nearby wilderness areas.\n (d) Maintenance and Use of Certain Structures.--\n (1) Repeater site.--Within the Wild Sky Wilderness, the \n Secretary of Agriculture is authorized to use helicopter access \n to construct and maintain a joint Forest Service and Snohomish \n County repeater site, in compliance with a Forest Service \n approved communications site plan, for the purposes of \n improving communication for safety, health, and emergency \n services.\n (2) Evergreen mountain lookout.--The designation of the \n Wild Sky Wilderness shall not preclude the operation and \n maintenance of the Evergreen Mountain Lookout, in the same \n manner and degree in which the operation and maintenance of the \n lookout was occurring as of the date of enactment of this Act.\n (e) Access.--\n (1) Private inholdings.--Consistent with section 5(a) of \n the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of \n Agriculture shall assure adequate access to private inholdings \n in the Wild Sky Wilderness.\n (2) Float plane access.--As provided by section 4(d)(1) of \n the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of \n floatplanes on Lake Isabel in the Wild Sky Wilderness, where \n such use was established before the date of enactment of this \n Act, shall be permitted to continue subject to such reasonable \n restrictions as the Secretary of Agriculture determines \n desirable.\n (f) Land Acquisition Authority.--\n (1) In general.--The Secretary of Agriculture may acquire \n lands and interests therein in the Wild Sky Wilderness by \n purchase, donation, or exchange. The Secretary shall give \n priority consideration to the acquisition of those lands \n identified as Priority Acquisition Lands on the map described \n in subsection (a).\n (2) Appraisal.--Valuation of private lands shall be \n determined without reference to any restrictions on access or \n use that arise out of designation of the Wild Sky Wilderness or \n inclusion of adjacent Federal lands in the Skykomish \n Backcountry Wilderness Management Area under section 3.\n (3) Boundary adjustment.--The boundaries of the Mt. Baker-\n Snoqualmie National Forests and the Wild Sky Wilderness shall \n be adjusted to reflect any land acquisitions or exchanges \n conducted under this subsection.\n\nSEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA, \n SKYKOMISH RIVER VALLEY, WASHINGTON.\n\n (a) Designation.--Certain Federal lands in the State of Washington \ncomprising approximately 13,278 acres, as generally depicted on the map \nreferred to in section 2(a), are hereby designated as the Skykomish \nBackcountry Wilderness Management Area for the purpose of conserving, \nprotecting, and enhancing for the benefit and enjoyment of present and \nfuture generations the cultural, archaeological, natural, wilderness, \nscientific, geological, historical, biological, wildlife, educational, \nand scenic resources of the Federal lands included in the management \narea.\n (b) Maps and Legal Descriptions.--As soon as practicable after the \ndate of the enactment of this Act, the Secretary of Agriculture shall \nfile a map and a legal description for the management area with the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Resources of the House of Representatives. The map and \nlegal description shall have the same force and effect as if included \nin this Act, except that the Secretary of Agriculture may correct \nclerical and typographical errors in the legal description and map. The \nmap and legal description shall be on file and available for public \ninspection in the office of the Chief of the Forest Service.\n (c) Administration.--The Secretary of Agriculture shall manage the \nFederal lands included in the management area to preserve their natural \ncharacter and to protect and enhance water quality.\n (d) Management Plan.--Not later than three years after the date of \nthe enactment of this Act, the Secretary of Agriculture shall develop a \nmanagement plan for the management area. The Secretary shall prepare \nthe management plan in consultation with representatives of the State \nof Washington, the political subdivisions of the State containing the \nmanagement area, and other interested persons.\n (e) Wildlife Management.--The designation of the management area \nneither affects nor diminishes the jurisdiction of the State of \nWashington with respect to fish and wildlife management, including the \nregulation of hunting, fishing, and trapping, on Federal lands included \nin the management area.\n (f) Withdrawal.--Subject to valid existing rights, the Federal \nlands included in the management area are withdrawn from all forms of \nentry, appropriation, and disposal under the public land laws, \nlocation, entry, and patent under the mining laws, and operation of the \nmineral leasing, mineral materials, and geothermal leasing laws.\n (g) Motorized and Mechanized Travel Authorized.--Motorized and \nmechanized travel in the management area shall be restricted to \ndesignated trails and routes specified in the management plan required \nby subsection (d). Pending completion of the management plan, the \nSecretary of Agriculture may designate the trails and routes in the \nmanagement area on which motorized and mechanized travel is authorized. \nOther trails and routes may be used for motorized and mechanized travel \nwhenever the Secretary considers such use to be necessary for \nadministrative purposes or to respond to an emergency.\n (h) Prohibition on Commercial Timber Harvesting.--The Secretary of \nAgriculture shall not permit the commercial harvest of timber in the \nmanagement area.\n (i) Land Acquisition Authority.--\n (1) In general.--The Secretary of Agriculture may acquire \n lands and interests therein in the management area by purchase, \n donation, or exchange. The Secretary shall give priority \n consideration to the acquisition of those lands identified as \n Priority Acquisition Lands on the map described in section \n 2(a).\n (2) Appraisal.--Valuation of private lands shall be \n determined without reference to any restrictions on access or \n use that arise out of inclusion of adjacent Federal lands in \n the management area or designation of the Wild Sky Wilderness.\n (3) Boundary adjustment.--The boundaries of the Mt. Baker-\n Snoqualmie National Forests and the management area shall be \n adjusted to reflect any land acquisitions or exchanges \n conducted under this subsection.\n\nSEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN.\n\n (a) Trail Plan Required.--The Secretary of Agriculture shall \nestablish, in consultation with interested parties, a trail plan for \nNational Forest System lands described in this paragraph in order to \ndevelop the following:\n (1) A system of hiking and equestrian trails in the Wild \n Sky Wilderness in a manner consistent with section 2 and the \n Wilderness Act (16 U.S.C. 1131 et seq.).\n (2) A system of hiking and equestrian trails in the \n Backcountry Wilderness Management Area in a manner consistent \n with section 3.\n (3) A system of trails adjacent to the Wild Sky Wilderness \n or the Backcountry Wilderness Management Area to provide access \n to such areas.\n (b) Implementation Report.--Within two years after the date of the \nenactment of this Act, the Secretary of Agriculture shall submit to \nCongress a report on the implementation of the trail plan. The report \nshall include the identification of those trails regarding which \ndevelopment is a priority.\n\nSEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, \n WASHINGTON.\n\n (a) Land Exchanges Required.--In accordance with this section, the \nSecretary of Agriculture shall carry out a land exchange with the \nChelan County Public Utility District in the State of Washington to \nexchange lands and interests in lands, as generally depicted on the map \nentitled ``Chelan County Public Utility District Exchange'' and dated \nMay 22, 2002.\n (b) Acceptance of Lands.--If, within 90 days after the date of \nenactment of this Act, the Chelan County Public Utility District offers \nto the Secretary of Agriculture approximately 371.8 acres of lands held \nby the Utility District in the Mt. Baker-Snoqualmie National Forests in \nthe State of Washington, the Secretary shall accept such lands if the \ntitle is acceptable to the Secretary and there is no hazardous material \non such lands, which is objectionable to the Secretary.\n (c) Conveyance of Easement.--Upon acceptance of title by the \nSecretary of Agriculture under subsection (b), the Secretary shall \nconvey to the Chelan County Public Utility District a permanent \neasement, including helicopter access, consistent with such levels as \nused as of the date of enactment of this Act, to maintain an existing \nsnowtel site on 1.82 acres of Federal land in the Wenatchee National \nForest in the State of Washington.\n (d) Reversion.--As a condition on the conveyance under subsection \n(c), the Chelan County Public Utility District shall notify the \nSecretary of Agriculture if the Utility District determines that there \nis no longer a need to maintain a snowtel site on the lands subject to \nthe easement conveyed under subsection (c) to monitor the snow pack for \ncalculating expected runoff into the Lake Chelan hydroelectric project \nand the hydroelectric projects in the Columbia River Basin. Upon \nreceipt of such notice, the easement shall be extinguished and all \nrights conveyed under such subsection shall revert to the United \nStates.","summary":"Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington as: (1) the Wild Sky Wilderness. And (2) the Skykomish Backcountry Wilderness Management Area . Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint US Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area. (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area. And (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements.","title":"To designate certain lower-elevation Federal lands in the Skykomish River valley of the State of Washington as wilderness, to designate a portion of such lands for management as a backcountry wilderness management area, and for other purposes.","text_len":12026,"sum_len":1032} {"bill_id":"108_hr2692","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Fire Administration \nAuthorization Act of 2003''.\n\nSEC. 2. UNITED STATES FIRE ADMINISTRATOR.\n\n Notwithstanding section 1513 of the Homeland Security Act of 2002 \n(6 U.S.C. 553), the Administrator of the United States Fire \nAdministration shall continue to be appointed and compensated as \nprovided under section 5(b) of the Federal Fire Prevention and Control \nAct of 1974 (15 U.S.C. 2204(b)).\n\nSEC. 3. NATIONAL RESIDENTIAL FIRE SPRINKLER STRATEGY.\n\n Section 30 of the Federal Fire Prevention and Control Act of 1974 \n(15 U.S.C. 2226) is amended--\n (1) by inserting ``(a) In General.--'' before ``The \n Director, acting''; and\n (2) by adding at the end the following new subsection:\n ``(b) National Residential Fire Sprinkler Strategy.--The \nAdministrator shall develop and implement a strategy for promoting the \ninstallation and use of residential fire sprinklers. The strategy shall \ninclude--\n ``(1) advocacy and informational support to relevant \n stakeholders, including builders, insurers, and State and local \n decisionmakers;\n ``(2) promotion of residential sprinklers in residences \n supported by the Federal Government;\n ``(3) a particular focus on residences--\n ``(A) at high risk to fire hazards; and\n ``(B) with occupants at high risk to fire hazards, \n such as senior citizens and persons with disabilities; \n and\n ``(4) a particular focus on localized fire suppression in \n high-risk areas of residences.''.\n\nSEC. 4. SUPPORT FOR TRAINING TO FIGHT MARITIME FIRES.\n\n Subsection (b)(3)(B) of the first section 33 of the Federal Fire \nPrevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)(B)) is amended \nby inserting ``maritime firefighting,'' after ``arson prevention and \ndetection,''.\n\nSEC. 5. FIREFIGHTER ASSISTANCE GRANTS PROGRAM.\n\n The first section 33 of the Federal Fire Prevention and Control Act \nof 1974 (15 U.S.C. 2229) is amended--\n (1) by striking ``Director'' each place it appears and \n inserting ``Administrator'';\n (2) by amending subsection (b)(2) to read as follows:\n ``(2) Administrative assistance.--The Administrator shall \n establish specific criteria for the selection of recipients of \n assistance under this section and shall provide grant-writing \n assistance to applicants.''; and\n (3) in subsection (e)(2), by striking ``operate the office \n established under subsection (b)(2) and''.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 17(g)(1) of the Federal Fire Prevention and Control Act of \n1974 (15 U.S.C. 2216(g)(1)) is amended by striking ``to carry out the \npurposes'' and all that follows through the end of subparagraph (K) and \ninserting ``to the Administrator to carry out the purposes of this Act, \nother than the firefighter assistance program under section 33--\n ``(A) $58,928,000 for fiscal year 2004;\n ``(B) $60,700,000 for fiscal year 2005; and\n ``(C) $62,520,000 for fiscal year 2006.''.\n\nSEC. 7. COURSES AND TRAINING ASSISTANCE.\n\n Section 7(l) of the Federal Fire Prevention and Control Act of 1974 \n(15 U.S.C. 2206(l)) is amended by adding at the end the following: \n``The Superintendent shall offer, at the Academy and at other sites, \ncourses and training assistance as necessary to accommodate all \ngeographic regions and needs of career and volunteer firefighters.''.\n\nSEC. 8. NEW FIREFIGHTING TECHNOLOGY.\n\n (a) In General.--Section 8 of the Federal Fire Prevention and \nControl Act of 1974 (15 U.S.C. 2207) is amended--\n (1) by redesignating subsection (e) as subsection (f); and\n (2) by inserting after subsection (d) the following:\n ``(e) Development of New Technology.--\n ``(1) In general.--In addition to, or as part of, the \n program conducted under subsection (a), the Administrator, in \n consultation with the National Institute of Standards and \n Technology, the Inter-Agency Board for Equipment \n Standardization and Inter-Operability, national voluntary \n consensus standards development organizations, interested \n Federal, State, and local agencies, and other interested \n parties, shall--\n ``(A) develop new, and utilize existing, \n measurement techniques and testing methodologies for \n evaluating new firefighting technologies, including--\n ``(i) personal protection equipment;\n ``(ii) devices for advance warning of \n extreme hazard;\n ``(iii) equipment for enhanced vision;\n ``(iv) devices to locate victims, \n firefighters, and other rescue personnel in \n above-ground and below-ground structures;\n ``(v) equipment and methods to provide \n information for incident command, including the \n monitoring and reporting of individual \n personnel welfare;\n ``(vi) equipment and methods for training, \n especially for virtual reality training; and\n ``(vii) robotics and other remote-\n controlled devices;\n ``(B) evaluate the compatibility of new equipment \n and technology with existing firefighting technology; \n and\n ``(C) support the development of new voluntary \n consensus standards through national voluntary \n consensus standards organizations for new firefighting \n technologies based on techniques and methodologies \n described in subparagraph (A).\n ``(2) Standards for new equipment.--(A) The Administrator \n shall, by regulation, require that new equipment or systems \n purchased through the assistance program established by section \n 33 meet or exceed applicable voluntary consensus standards for \n such equipment or systems for which applicable voluntary \n consensus standards have been established. The Administrator \n may waive the requirement under this subparagraph with respect \n to specific standards.\n ``(B) If an applicant for a grant under section 33 proposes \n to purchase, with assistance provided under the grant, new \n equipment or systems that do not meet or exceed applicable \n voluntary consensus standards, the applicant shall include in \n the application an explanation of why such equipment or systems \n will serve the needs of the applicant better than equipment or \n systems that do meet or exceed such standards.\n ``(C) In making a determination whether or not to waive the \n requirement under subparagraph (A) with respect to a specific \n standard, the Administrator shall, to the greatest extent \n practicable--\n ``(i) consult with grant applicants and other \n members of the fire services regarding the impact on \n fire departments of the requirement to meet or exceed \n the specific standard;\n ``(ii) take into consideration the explanation \n provided by the applicant under subparagraph (B); and\n ``(iii) seek to minimize the impact of the \n requirement to meet or exceed the specific standard on \n the applicant, particularly if meeting the standard \n would impose additional costs.\n ``(D) Applicants that apply for a grant under the terms of \n subparagraph (B) may include a second grant request in the \n application to be considered by the Administrator in the event \n that the Administrator does not approve the primary grant \n request on the grounds of the equipment not meeting applicable \n voluntary consensus standards.''.\n (b) Authorization of Appropriations.--Section 17 of the Federal \nFire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by \nadding at the end the following:\n ``(i) Development of New Technology.--In addition to sums otherwise \nauthorized under this Act, there are authorized to be appropriated to \nthe Administrator to carry out section 8(e)--\n ``(1) $2,200,000 for fiscal year 2004;\n ``(2) $2,250,000 for fiscal year 2005; and\n ``(3) $2,300,000 for fiscal year 2006.''.\n\nSEC. 9. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.\n\n (a) In General.--Section 10 of the Federal Fire Prevention and \nControl Act of 1974 (15 U.S.C. 2209) is amended--\n (1) by redesignating subsection (b) as subsection (c); and\n (2) by inserting after subsection (a) the following:\n ``(b) Mutual Aid Systems.--\n ``(1) In general.--The Administrator, after consultation \n with the Director of the Federal Emergency Management Agency, \n shall provide technical assistance and training to State and \n local fire service officials to establish nationwide and State \n mutual aid systems for dealing with national emergencies that--\n ``(A) include threat assessment and equipment \n deployment strategies;\n ``(B) include means of collecting asset and \n resource information to provide accurate and timely \n data for regional deployment; and\n ``(C) are consistent with the Federal Emergency \n Management Agency's Federal Response Plan.\n ``(2) Model mutual aid plans.--The Administrator, in \n consultation with the Director of the Federal Emergency \n Management Agency, shall develop and make available to State \n and local fire service officials model mutual aid plans for \n both intrastate and interstate assistance.''.\n (b) Report on Strategic Needs.--Within 90 days after the date of \nenactment of this Act, the Administrator of the United States Fire \nAdministration shall report to the Senate Committee on Commerce, \nScience, and Transportation and the House of Representatives Committee \non Science on the need for a strategy concerning deployment of \nvolunteers and emergency response personnel (as defined in section 6 of \nthe Firefighters' Safety Study Act (15 U.S.C. 2223e), including a \nnational credentialing system, in the event of a national emergency.\n (c) Update of Federal Response Plan.--Within 180 days after the \ndate of enactment of this Act, the Director of the Federal Emergency \nManagement Agency shall--\n (1) revise that Agency's Federal Response Plan to \n incorporate plans for responding to terrorist attacks, \n particularly in urban areas, including fire detection and \n suppression and related emergency services; and\n (2) transmit a report to the Senate Committee on Commerce, \n Science, and Transportation and the House of Representatives \n Committee on Science describing the action taken to comply with \n paragraph (1).\n\nSEC. 10. TRAINING.\n\n (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and \nControl Act of 1974 (15 U.S.C. 2206(d)(1)) is amended--\n (1) by striking ``and'' after the semicolon in subparagraph \n (E);\n (2) by redesignating subparagraph (F) as subparagraph (N); \n and\n (3) by inserting after subparagraph (E) the following:\n ``(F) strategies for building collapse rescue;\n ``(G) the use of technology in response to fires, \n including terrorist incidents and other national \n emergencies;\n ``(H) response, tactics, and strategies for dealing \n with terrorist-caused national catastrophes;\n ``(I) use of and familiarity with the Federal \n Emergency Management Agency's Federal Response Plan;\n ``(J) leadership and strategic skills, including \n integrated management systems operations and integrated \n response;\n ``(K) applying new technology and developing \n strategies and tactics for fighting forest fires;\n ``(L) integrating terrorism response agencies into \n the national terrorism incident response system;\n ``(M) response tactics and strategies for fighting \n fires at United States ports, including fires on the \n water and aboard vessels; and''.\n (b) Consultation on Fire Academy Classes.--The Superintendent of \nthe National Fire Academy may consult with other Federal, State, and \nlocal agency officials in developing curricula for classes offered by \nthe Academy.\n (c) Coordination With Other Programs To Avoid Duplication.--The \nAdministrator of the United States Fire Administration shall, where \nappropriate, coordinate training provided under section 7(d)(1) of the \nFederal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) \nwith the heads of other Federal agencies--\n (1) to ensure that such training does not duplicate \n existing courses available to fire service personnel; and\n (2) to establish a mechanism for eliminating duplicative \n training programs.\n\n\n\n\n ","summary":"United States Fire Administration Authorization Act of 2003 - Re-establishes the position of United States Fire Administrator. Amends the Federal Fire Prevention and Control Act of 1974 to require the Administrator to develop and implement a national residential fire sprinkler strategy that meets specified requirements. Allows the use of fire prevention program grant assistance for training of firefighting personnel in maritime firefighting. Transfers the duties of the Director of the United States Fire Administration to the Administrator with respect to the firefighter assistance grants program. Requires the Administrator to: (1) establish specific criteria for the selection of assistance recipients. And (2) provide grant-writing assistance to applicants. Authorizes FY 2004 through 2006 appropriations for the Administrator to carry out this Act other than the firefighter assistance grants program. Requires the Superintendent of the National Academy for Fire Prevention and Control to offer, at the Academy and other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters. Directs the Administrator to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating firefighting technologies. (2) evaluate the compatibility of new and existing equipment and technology. And (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies. Requires the Administrator, by regulation, to require that new equipment or systems purchased through the assistance program established by the Act meet or exceed established applicable voluntary consensus standards. Allows the Administrator to waive this requirement. Requires a grant applicant, who proposes to purchase with assistance provided under the grant new equipment or systems that do not meet or exceed applicable voluntary consensus standards, to include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. Allows a grant applicant to include a second grant request in the application to be considered by the Administrator in the event the primary grant request is not approved on the grounds of the equipment not meeting such standards. Authorizes FY 2004 through 2006 appropriations for the Administrator to develop new firefighting technology. Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies. And (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials. Requires the Administrator to report to specified congressional committees on the need for a strategy concerning deployment of volunteers and emergency response personnel, including a national credentialing system, in the event of a national emergency. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) revise the FEMA Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services. And (2) report to specified congressional committees on the action taken to comply with such revisions. Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue, (2) the use of technology in response to fires. (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes. (4) use of and familiarity with the FEMA's Federal Response Plan. (5) leadership and strategic skills, including integrated management systems operations and integrated response. (6) applying new technology and developing strategies and tactics for fighting forest fires. (7) integrating terrorism response agencies into the national terrorism incident response system. And (8) response tactics and strategies for fighting fires at US ports, including fires on the water and aboard vessels. Authorizes the Superintendent to consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. Requires the Administrator, where appropriate, to coordinate training provided under the Act with the heads of other Federal agencies to: (1) ensure that such training does not duplicate existing courses available to fire service personnel, and (2) establish a mechanism for eliminating duplicative programs.","title":"To authorize appropriations for activities under the Federal Fire Prevention and Control Act of 1974 for fiscal years 2004 through 2006, and for other purposes.","text_len":13839,"sum_len":4792} {"bill_id":"105_hr4349","text":"SECTION 1. SHORT TITLE AND AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Long-Term Care \nAdvancement Act of 1998''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. EXCEPTION FROM PENALTY TAX AND EXCLUSION FROM INCOME FOR \n AMOUNTS WITHDRAWN FROM CERTAIN RETIREMENT PLANS FOR \n QUALIFIED LONG-TERM CARE INSURANCE.\n\n (a) Exception From Penalty Tax.--Paragraph (2) of section 72(t) \n(relating to 10-percent additional tax on early distributions from \nqualified retirement plans) is amended by adding at the end the \nfollowing new subparagraph:\n ``(G) Premiums for qualified long-term care \n insurance contracts.--\n ``(i) In general.--Distributions to an \n individual from an individual retirement plan, \n or from amounts attributable to employer \n contributions made pursuant to elective \n deferrals described in subparagraph (A) or (C) \n of section 402(g)(3), to the extent such \n distributions do not exceed the premiums for a \n qualified long-term care insurance contract for \n such individual or the spouse of such \n individual. In applying subparagraph (B), such \n premiums shall be treated as amounts not paid \n for medical care.\n ``(ii) No double benefit.--No deduction \n shall be allowed under section 213 for any \n amount described in this subparagraph unless \n the taxpayer elects to have this subparagraph \n not apply to such amount.\n ``(iii) Qualified long-term care insurance \n contract.--For purposes of this subparagraph, \n the term `qualified long-term care insurance \n contract' has the meaning given such term by \n section 7702B(b), except that such term \n includes only such contracts which are licensed \n for sale in the State in which the policy was \n purchased.''\n (b) Exclusion From Income for Amounts Withdrawn From Certain Plans \nTo Pay Long-Term Care Premiums.--Part III of subchapter B of chapter 1 \n(relating to items specifically excluded from gross income) is amended \nby redesignating section 139 as section 140 and by inserting after \nsection 138 the following new section:\n\n``SEC. 139. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS AND SECTION \n 401(K) PLANS FOR LONG-TERM CARE INSURANCE.\n\n ``(a) General Rule.--The amount which would (but for this section) \nbe includible in the gross income of an individual for the taxable year \nby reason of distributions from any individual retirement plan (within \nthe meaning of section 7701(a)(37)) or qualified cash or deferred \narrangement (within the meaning of section 401(k)) shall be reduced \n(but not below zero) by the eligible long-term care premiums (as \ndefined in section 213(d)(10)) paid by such individual during such \ntaxable year for any qualified long-term care insurance contract \ncovering such individual or the spouse of such individual.\n ``(b) Special Rules for Section 401(k) Plans.--\n ``(1) Withdrawals cannot exceed elective contributions \n under qualified cash or deferred arrangement.--This section \n shall not apply to any distribution from a qualified cash or \n deferred arrangement (within the meaning of section 401(k)) to \n the extent the aggregate amount of such distributions for the \n use described in subsection (a) exceeds the aggregate employer \n contributions made pursuant to the employee's election under \nsection 401(k)(2).\n ``(2) Withdrawals not to cause disqualification.--A plan \n shall not be treated as failing to satisfy the requirements of \n section 401, and an arrangement shall not be treated as failing \n to be a qualified cash or deferred arrangement (within the \n meaning of section 401(k)), merely because under the plan or \n arrangement distributions are permitted which are excludable \n from gross income by reason of this section.\n ``(c) Qualified Long-Term Care Insurance Contract.--For purposes of \nthis section, the term `qualified long-term care insurance contract' \nhas the meaning given such term by section 7702B(b), except that such \nterm includes only such contracts which are licensed for sale in the \nState in which the taxpayer purchased the policy.''\n (c) Distributions Permitted From Certain Plans To Pay Long-term \nCare Premiums.--\n (1) Section 401(k)(2)(B)(i) is amended by striking ``or'' \n at the end of subclause (III), by striking ``and'' at the end \n of subclause (IV) and inserting ``or'', and by inserting after \n subclause (IV) the following new subclause:\n ``(V) the date distributions for \n premiums for a long-term care insurance \n contract (as defined in section 139(c)) \n for coverage of such individual or the \n spouse of such individual are made, \n and''.\n (2) Section 403(b)(11) is amended by striking ``or'' at the \n end of subparagraph (A), by striking the period at the end of \n subparagraph (B) and inserting ``, or'', and by inserting after \n subparagraph (B) the following new subparagraph:\n ``(C) for the payment of premiums for a long-term \n care insurance contract (as defined in section 139(c)) \n for coverage of the employee or the spouse of the \n employee.''\n (3) Subparagraph (A) of section 457(d)(1) is amended by \n striking ``or'' at the end of clause (ii), by striking ``and'' \n at the end of clause (iii) and inserting ``or'', and by \n inserting after clause (iii) the following new clause:\n ``(iv) the date distributions for premiums \n for a long-term care insurance contract (as \n defined in section 139(c)) for coverage of such \n individual or the spouse of such individual are \n made, and''.\n (d) Conforming Amendments.--\n (1) Section 72(t)(2)(B) is amended by striking \n ``subparagraph (A), (C), or (D)'' and inserting ``subparagraph \n (A), (C), (D), or (G)''.\n (2) Section 401(k) is amended by adding at the end the \n following new paragraph:\n ``(13) Cross reference.--\n\n ``For provision permitting tax-free \nwithdrawals for payment of long-term care premiums, see section 139.''\n (3) Section 408(d) is amended by adding at the end the \n following new paragraph:\n ``(8) Cross reference.--\n\n ``For provision permitting tax-free \nwithdrawals from individual retirement plans for payment of long-term \ncare premiums, see section 139.''\n (4) The table of sections for part III of subchapter B of \n chapter 1 is amended by striking the last item and inserting \n the following new items:\n\n ``Sec. 139. Distributions from individual \n retirement plans and section \n 401(k) plans for long-term care \n insurance.\n ``Sec. 140. Cross references to other \n Acts.''\n (e) Effective Date.--The amendments made by this section shall \napply to payments and distributions after December 31, 1997.\n\nSEC. 3. REFUNDABLE CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING \n CUSTODIAL CARE IN THEIR HOUSEHOLDS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \n(relating to refundable credits) is amended by redesignating section 35 \nas section 36 and by inserting after section 34 the following new \nsection:\n\n``SEC. 35. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING \n CUSTODIAL CARE IN THEIR HOUSEHOLDS.\n\n ``(a) Allowance of Credit.--In the case of an individual who \nmaintains a household which includes as a member one or more qualified \npersons, there shall be allowed as a credit against the tax imposed by \nthis chapter for the taxable year an amount equal to $500 for each such \nperson.\n ``(b) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The amount of the credit allowable under \n subsection (a) shall be reduced (but not below zero) by $50 for \n each $1,000 (or fraction thereof) by which the taxpayer's \n modified adjusted gross income exceeds the threshold amount. \n For purposes of the preceding sentence, the term `modified \n adjusted gross income' means adjusted gross income increased by \n any amount excluded from gross income under section 911, 931, \n or 933.\n ``(2) Threshold amount.--For purposes of paragraph (1), the \n term `threshold amount' means--\n ``(A) $110,000 in the case of a joint return,\n ``(B) $75,000 in the case of an individual who is \n not married, and\n ``(C) $55,000 in the case of a married individual \n filing a separate return.\n For purposes of this paragraph, marital status shall be \n determined under section 7703.\n ``(c) Qualified Person.--For purposes of this section, the term \n`qualified person' means any individual--\n ``(1) who is a father or mother of the taxpayer, his \n spouse, or his former spouse or who is an ancestor of such a \n father or mother,\n ``(2) who is a chronically ill individual (as defined in \n section 7702B(c)(2)),\n ``(3) who has as his principal place of abode for more than \n half of the taxable year the home of the taxpayer, and\n ``(4) whose name and TIN are included on the taxpayer's \n return for the taxable year.\nFor purposes of paragraph (1), a stepfather or stepmother shall be \ntreated as a father or mother.\n ``(d) Special Rules.--For purposes of this section, rules similar \nto the rules of paragraphs (1), (2), (3), and (4) of section 21(e) \nshall apply.\n ``(e) Phase-In.--In the case of a taxable year beginning in a \ncalendar year before 2002, subsection (a) shall be applied by \nsubstituting the applicable amount determined under the following table \nfor the $500 amount appearing in subsection (a):\n\n``If the calendar year is:\n The applicable amount is:\n 1998............................................... $250 \n 1999............................................... $350 \n 2000............................................... $400 \n 2001............................................... $450. \n ``(f) Inflation Adjustment.--In the case of any taxable year \nbeginning in a calendar year after 2002, the $500 amount contained in \nsubsection (a) shall be increased by an amount equal to--\n ``(1) such dollar amount, multiplied by\n ``(2) the cost-of-living adjustment under section 1(f)(3) \n for the calendar year in which the taxable year begins, \n determined by substituting `calendar year 2001' for `calendar \n year 1992' in subparagraph (B) thereof.\nIf any amount as adjusted under the preceding sentence is not a \nmultiple of $50, such amount shall be rounded to the nearest multiple \nof $50.''\n (b) Clerical Amendment.--The table of sections for subpart C of \npart IV of subchapter A of chapter 1 is amended by striking the last \nitem and inserting the following:\n\n ``Sec. 35. Credit for taxpayers with \n certain persons requiring \n custodial care in their \n households.\n ``Sec. 36. Overpayments of tax.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1997.","summary":"Long-Term Care Advancement Act of 1998 - Amends the Internal Revenue Code to: (1) except from the penalty tax and exclude from income amounts withdrawn from qualified retirement plans which are used to pay for premiums for qualified long-term care insurance contracts. And (2) provide a limited credit for an individual who maintains a household with a person requiring custodial care.","title":"Long-Term Care Advancement Act of 1998","text_len":13008,"sum_len":385} {"bill_id":"108_hr4135","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Taxation of Minor Children Simplifcation \nAct of 2004''.\n\nSEC. 2. TAXATION OF MINOR CHILDREN.\n\n (a) Application of Trust Rate Schedule to Net Unearned Income of \nMinor Children.--Subsection (g) of section 1 of the Internal Revenue \nCode of 1986 (relating to certain unearned income of minor children \ntaxed as if parent's income) is amended--\n (1) by striking paragraphs (1), (3), and (5),\n (2) by redesignating paragraphs (4), (6), and (7) as \n paragraphs (3), (4), and (5), respectively, and\n (3) by inserting before paragraph (2) the following new \n paragraph:\n ``(1) In general.--In the case of a child to whom this \n subsection applies, the tax imposed by this section shall be \n the sum of--\n ``(A) a tax computed at the rates and in the same \n manner as if this subsection had not been enacted on \n taxable income reduced by net unearned income, plus\n ``(B) the excess (if any) of the tax determined \n under subsection (e) on total taxable income over the \n tax determined under subsection (e) on taxable income \n reduced by net unearned income.''.\n (b) Expansion of Parental Election.--Paragraph (5) of section 1(g) \nof such Code (as redesignated under subsection (a)) is amended to read \nas follows:\n ``(5) Election to claim income of child on parent's \n return.--\n ``(A) In general.--If the parent of any child to \n whom this subsection applies elects the application of \n subparagraph (B), such child--\n ``(i) shall be treated (other than for \n purposes of this paragraph)--\n ``(I) as having no gross income for \n such year, and\n ``(II) as not being entitled to any \n deductions or credits for such year, \n and\n ``(ii) shall not be required to file a \n return under section 6012 for such year.\n ``(B) Income included on parent's return.--In the \n case of a parent making the election under this \n paragraph--\n ``(i) the gross income of each child to \n whom such election applies shall be included in \n such parent's gross income for the taxable \n year,\n ``(ii) the deductions to which such child \n would be entitled without regard to such \n election shall be allowed to such parent but \n only to the extent the aggregate of such \n deductions does not exceed the gross income of \n such child,\n ``(iii) any estimated tax payment, and any \n amount which has been deducted and withheld \n under chapter 24, for such year that is made in \n the name and TIN of such child shall be treated \n as an estimated tax payment or as an amount \n deducted and withheld in the name and TIN of \n such parent for such year (including for \n purposes of section 31), and\n ``(iv) any interest which is an item of tax \n preference under section 57(a)(5) of the child \n shall be treated as an item of tax preference \n of such parent (and not of such child).\n ``(C) Special rule for determining which parent may \n make election.--For purposes of this paragraph, the \n parent of a child to whom this subsection applies who \n may make an election under this paragraph shall be--\n ``(i) in the case of parents who are not \n married (within the meaning of section 7703), \n the custodial parent (within the meaning of \n section 152(e)) of the child, and\n ``(ii) in the case of married individuals \n filing separately, the individual with the \n greater taxable income.\n ``(D) Carryovers allowed.--Subparagraph (A)(i)(II) \n shall not prohibit the carryover of any amount that the \n child would be entitled to carryover without regard to \n the election under this paragraph.\n ``(E) Regulations.--The Secretary shall prescribe \n such regulations as may be necessary or appropriate to \n carry out the purposes of this paragraph.''.\n (c) Conforming Amendment.--The heading for subsection (g) of \nsection 1 of such Code is amended to read as follows:\n ``(g) Treatment of Certain Income of Minor Children.--''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2004.","summary":"Taxation of Minor Children Simplification Act of 2004 - Amends the Internal Revenue Code to revise rules for the taxation of the income of minor children . Repeals the allocable parental tax rules. Allows parents to elect to claim the child's gross income and deductions on the parents' tax return.","title":"To amend the Internal Revenue Code of 1986 to simplify the taxation of minor children.","text_len":5408,"sum_len":298} {"bill_id":"103_hr2455","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Schools Act of 1994''.\n\nSEC. 2. SAFE SCHOOLS PROGRAM AUTHORIZED.\n\n (a) In General.--With funds appropriated under subsection (b)(1), \nthe Secretary of Education shall make competitive grants to eligible \nlocal educational agencies to carry out projects designed to achieve \nGoal Six of the National Education Goals, which provides that by the \nyear 2000, every school in America will be free of drugs and violence \nand will offer a disciplined environment conducive to learning, by \nhelping to ensure that all schools are safe and free of violence.\n (b) Model Project.--The Secretary of Education, shall develop a \nwritten safe schools model so all schools can develop models that \nenable all students to participate regardless of any language barriers.\n (c) Authorization of Appropriations and Reservation.--\n (1) Authorization.--There are authorized to be appropriated \n to carry out this Act $50,000,000 for fiscal year 1994.\n (2) Reservation.--From the sums appropriated to carry out \n this Act for any fiscal year, the Secretary may reserve not \n more than 5 percent to carry out national leadership activities \n under section 6.\n\nSEC. 3. ELIGIBLE APPLICANTS.\n\n To be eligible to receive a grant under this Act, a local \neducational agency shall demonstrate in its application under section \n4(a) that it--\n (1) serves an area in which there is a high rate of--\n (A) homicides committed by persons between the ages \n 5 to 18, inclusive;\n (B) referrals of youth to juvenile court;\n (C) youth under the supervision of the courts;\n (D) expulsions and suspensions of students from \n school;\n (E) referrals of youth, for disciplinary reasons, \n to alternative schools; or\n (F) victimization of youth by violence, crime, or \n other forms of abuse; and\n (2) has serious school crime, violence, and discipline \n problems, as indicated by other appropriate data.\n\nSEC. 4. APPLICATIONS AND PLANS.\n\n (a) In General.--In order to receive a grant under this Act, an \neligible local educational agency shall submit to the Secretary an \napplication that includes--\n (1) an assessment of the current violence and crime \n problems in the schools to be served by the grant and in the \n community to be served by the applicant;\n (2) an assurance that the applicant has written policies \n regarding school safety, student discipline, and the \n appropriate handling of violent or disruptive acts;\n (3) a description of the schools and communities to be \n served by the grant, the activities and projects to be carried \n out with grant funds, and how these activities and projects \n will help to reduce the current violence and crime problems in \n the schools and communities served;\n (4) a description of educational materials to be developed \n in the second most predominate language of the schools and \n communities to be served by the grant, if applicable;\n (5) if the local educational agency receives Federal \n education funds, an explanation of how activities assisted \n under this Act will be coordinated with and support any \n systemic education improvement plan prepared with such funds;\n (6) the applicant's plan to establish school-level advisory \n committees, which include faculty, parents, staff, and \n students, for each school to be served by the grant and a \n description of how each committee will assist in assessing that \n school's violence and discipline problems as well as in \n designing appropriate programs, policies, and practices to \n combat those problems;\n (7) the applicant's plan for collecting baseline and future \n data, by individual schools, to monitor violence and discipline \n problems and to measure its progress in achieving the purpose \n of this Act;\n (8) a description of how, in subsequent fiscal years, the \n grantee will integrate the violence prevention activities it \n carries out with funds under this Act with activities carried \n out under its comprehensive plan for drug and violence \n prevention adopted under the Safe and Drug-Free Schools and \n Communities Act of 1986;\n (9) a description of how the grantee will coordinate its \n school crime and violence prevention efforts with education, \n law enforcement, judicial, health, social service, programs \n supported under the Juvenile Justice and Delinquency Prevention \n Act of 1974, and other appropriate agencies and organizations \n serving the community;\n (10) a description of how the grantee will inform parents \n about the extent of crime and violence in their children's \n schools and maximize the participation of parents in its \n violence prevention activities;\n (11) an assurance that grant funds under this Act will be \n used to supplement and not supplant State and local funds that \n would, in the absence of funds under this Act, be made \n available by the applicant for the purposes of the grant;\n (12) an assurance that the applicant will cooperate with, \n and provide assistance to, the Secretary in gathering \n statistics and other data the Secretary determines are \n necessary to determine the effectiveness of projects and \n activities under this Act or the extent of school violence and \n discipline problems throughout the Nation; and\n (13) such other information as the Secretary may require.\n (b) Priorities.--In awarding grants under this Act, the Secretary \nshall take into account the special needs of local educational agencies \nlocated in both rural and urban communities.\n\nSEC. 5. GRANTS AND USE OF FUNDS.\n\n (a) Duration and Amount of Grants.--Grants under this Act may not \nexceed--\n (1) 1 year in duration; and\n (2) $3,000,000.\n (b) Use of Funds.--\n (1) Activities.--A local educational agency may use funds \n awarded under section 2(a) for 1 or more of the following \n activities:\n (A) Identifying and assessing school violence and \n discipline problems, including coordinating needs \n assessment activities with education, law-enforcement, \n judicial, health, social service, juvenile justice \n programs, gang prevention activities, and other \n appropriate agencies and organizations.\n (B) Conducting school safety reviews or violence \n prevention reviews of programs, policies, practices, \n and facilities to determine what changes are needed to \n reduce or prevent violence and promote safety and \n discipline.\n (C) Planning for comprehensive, long-term \n strategies for combating and preventing school violence \n and discipline problems through the involvement and \n coordination of school programs with other education, \n law-enforcement, judicial, health, social service, and \n other appropriate agencies and organizations.\n (D) Activities which involve parents in efforts to \n promote school safety and prevent school violence.\n (E) Community education programs involving parents, \n businesses, local government, the medical, and other \n appropriate entities about the local educational \n agency's plan to promote school safety and reduce and \n prevent school violence and discipline problems and the \n need for community support.\n (F) Coordination of school-based activities \n designed to promote school safety and reduce or prevent \n school violence and discipline problems with related \n efforts of education, law-enforcement, judicial, \n health, social service, juvenile justice programs, and \n other appropriate agencies and organizations.\n (G) Developing and implementing violence prevention \n activities and materials, including--\n (i) conflict resolution and social skills \n development for students, teachers, aides, \n other school personnel, and parents;\n (ii) disciplinary alternatives to expulsion \n and suspension of students who exhibit violent \n or anti-social behavior;\n (iii) student-led activities such as peer \n mediation, peer counseling, and student courts; \n or\n (iv) alternative after-school programs that \n provide safe havens for students, which may \n include cultural, recreational, educational and \n instructional activities, and mentoring and \n community service programs.\n (H) Educating students and parents about the \n dangers of guns and other weapons and the consequences \n of their use.\n (I) Developing and implementing innovative \n curricula to prevent violence in schools and training \n staff how to stop disruptive or violent behavior if it \n occurs.\n (J) Supporting ``safe zones of passage'' for \n students between home and school through such measures \n as Drug- and Weapon-Free School Zones, enhanced law \n enforcement, and neighborhood patrols.\n (K) Counseling programs for victims and witnesses \n of school violence and crime.\n (L) Evaluating its project under this Act.\n (M) The cost of administering the project of the \n local educational agency under this Act.\n (N) Other activities that meet the purposes of this \n Act.\n (2) Other limitations.--A local educational agency may use \n not more than 5 percent of its grant for activities described \n in paragraph (1)(M).\n (3) Construction.--A local educational agency may not use \n funds under this Act for construction.\n\nSEC. 6. NATIONAL LEADERSHIP.\n\n To carry out the purpose of this Act, the Secretary may use funds \nreserved under section 2(b)(2) to conduct national leadership \nactivities such as research, program development and evaluation, data \ncollection, public awareness activities, training and technical \nassistance, to provide grants to noncommercial telecommunications \nentities for the production and distribution of national video-based \nprojects that provide young people with models for conflict resolution \nand responsible decisionmaking, and to conduct peer review of \napplications under this Act. The Secretary may carry out such \nactivities directly, through interagency agreements, or through grants, \ncontracts, or cooperative agreements.\n\nSEC. 7. REPORTS.\n\n (a) Report to Secretary.--Local educational agencies that receive \nfunds under this part shall submit to the Secretary a report not later \nthan March 1, 1995, that describes progress achieved in carrying out \nthe plan required under section 4.\n (b) Report to Congress.--The Secretary shall submit to the \nCommittee on Education and Labor of the House of Representatives a \nreport not later than October 1, 1995, which contains a detailed \nstatement regarding grant awards, activities of grant recipients, a \ncompilation of statistical information submitted by applicants under \nsection 4, and an evaluation of programs established under this part.\n\nSEC. 8. DEFINITIONS.\n\n For purposes of this Act:\n (1) Local educational agency.--The term ``local educational \n agency'' has the meaning given such term in section 1471(12) of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 2891(12)).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\n Passed the House of Representatives February 22, 1994.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.","summary":"Safe Schools Act of 1994 - Directs the Secretary of Education to make competitive grants to eligible local educational agencies for projects to achieve National Education Goal Six by helping to ensure that all schools are safe and free of violence. Directs the Secretary to develop a written safe schools model. Authorizes appropriations. Authorizes the Secretary to use certain reserved funds to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, peer review of applications, and grants for public television video projects for conflict resolution.","title":"Safe Schools Act of 1994","text_len":13004,"sum_len":672} {"bill_id":"111_hr3834","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Green Energy Investment Zone Act of \n2009''.\n\nSEC. 2. INCREASE IN INCENTIVES RELATING TO ALTERNATIVE ENERGY \n PROPERTIES IN HIGH JOB-LOSS AREAS.\n\n (a) Investment Tax Credits (Other Than Qualified Facilities).--\nParagraph (2) of section 48(a) of the Internal Revenue Code of 1986 is \namended by adding at the end the following:\n ``(C) Special rule for energy property located in \n high job-loss zones.--\n ``(i) In general.--In the case of any \n energy property placed in service in a green \n energy investment zone after the date of the \n enactment of this subparagraph, subparagraph \n (A) shall be applied--\n ``(I) by substituting `40 percent' \n for `30 percent' in clause (i) thereof, \n and\n ``(II) by substituting `20 percent' \n for `10 percent' in clause (ii) \n thereof.\n ``(ii) Green energy investment zone.--For \n purposes of paragraph (1), the term `green \n energy investment zone' means an eligible city \n located within a high job-loss metropolitan \n statistical area or a high job-loss \n micropolitan statistical area.\n ``(iii) Eligible city.--For purposes of \n clause (i)--\n ``(I) Metropolitan statistical \n area.--The term `eligible city' means, \n with respect to a metropolitan \n statistical area, any city in such area \n which has a population of at least \n 50,000.\n ``(II) Micropolitan statistical \n area.--The term `eligible city' means, \n with respect to a micropolitan \n statistical area, any city in such area \n which has a population of at least \n 10,000.\n For purposes of this subparagraph, population \n shall be determined using the 2000 census.\n ``(D) High-job loss.--For purposes of subparagraph \n (C)--\n ``(i) In general.--The term `high-job loss' \n with respect to a metropolitan or a \n micropolitan statistical area, as the case may \n be, means an area designated by the Secretary \n as being among the lowest \\1\/3\\ of all \n metropolitan or micropolitan statistical areas, \n as the case may be, on the basis of--\n ``(I) the economic conditions \n referred to in clause (ii),\n ``(II) the residential economic \n well-being factors referred to in \n clause (iii), and\n ``(III) a comparison of changes \n from 1990 and 2000 (on the basis of the \n 1990 and 2000 censuses) regarding--\n ``(aa) employment,\n ``(bb) wages,\n ``(cc) gross metropolitan \n product or gross micropolitan \n product, as the case may be, \n and\n ``(dd) gross metropolitan \n product per job or gross \n micropolitan product per job, \n as the case may be.\n ``(ii) Economic conditions.--The economic \n conditions referred to in this clause are \n growth in--\n ``(I) employment,\n ``(II) annual payroll, and\n ``(III) business establishments.\n ``(iii) Residential economic well-being \n factors.--The residential economic well-being \n factors referred to in the clause are--\n ``(I) per capita income,\n ``(II) median household income,\n ``(III) poverty rate,\n ``(IV) unemployment rate, and\n ``(V) labor force participation \n rate.''.\n (b) Election To Treat Qualified Facilities as Energy Property.--\nParagraph (5) of section 48(a) of such Code is amended by adding at the \nend the following:\n ``(E) Special rule for facilities located in high \n job-loss zones.--In the case of any qualified \n investment credit facility placed in service in a green \n energy investment zone (as defined in paragraph \n (2)(C)(ii)) after the date of the enactment of this \n subparagraph, subparagraph (A) shall be applied by \n substituting `40 percent' for `30 percent' in clause \n (ii) thereof.''.\n (c) Electricity Produced From Certain Renewable Resources, etc.--\nSection 45 of such Code is amended by adding at the end the following:\n ``(f) Special Rule for Facilities Located in High Job-Loss Zones.--\nIn the case of electricity produced by a qualified facility placed in \nservice in a high job loss metropolitan statistical area or \nmicropolitan statistical area after the date of the enactment of this \nsubsection, the amount in effect under subsection (a)(1) for a taxable \nyear (without regard to this subsection) shall be increased by 0.5 \ncents. For the preceding sentence, the term `high job loss' with \nrespect to a metropolitan statistical area and a micropolitan \nstatistical area has the meaning given such term by section \n48(a)(2)(D).''.\n (d) Grants for Specified Energy Property In Lieu of Production \nCredit.--Subsection (b) of section 1603 of the American Recovery and \nReinvestment Tax Act of 2009 is amended by adding at the end the \nfollowing new paragraph:\n ``(4) Special rule for specified energy property located in \n high job-loss zones.--In the case of any specified energy \n property placed in service in a green energy investment zone \n (as defined in section 48(a)(2)(C)(ii)) after the date of the \n enactment of this paragraph, paragraph (2) shall be applied--\n ``(A) by substituting `40 percent' for `30 percent' \n in subparagraph (A) thereof, and\n ``(B) by substituting `20 percent' for `10 percent' \n in subparagraph (B) thereof.''.\n (e) Nonbusiness Energy Property.--\n (1) In general.--Subsection (a) of section 25C of such Code \n is amended by adding at the end the following flush sentence:\n``In the case of any such improvement or property which was \nmanufactured in a green energy investment zone (as defined in section \n48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the \npreceding sentence shall be applied by substituting `40 percent' for \n`30 percent'.''.\n (2) Increase in limitation.--Subsection (b) of section 25C \n of such Code is amended by striking ``$1,500'' and inserting \n ``$2,000''.\n (f) Residential Energy Efficient Property.--\n (1) In general.--Subsection (a) of section 25D of such Code \n is amended by adding at the end the following flush sentence:\n``In the case of property manufactured in a green energy investment \nzone (as defined in section 48(a)(2)(C)(ii)) after the date of the \nenactment of this sentence, the preceding sentence shall be applied by \nsubstituting `40 percent' for `30 percent' each place it appears.''.\n (2) Increase in limitation.--Paragraph (1) of section \n 25D(b) of such Code is amended by striking ``$500'' and \n inserting ``$750''.\n (g) Qualifying Advanced Energy Project Credit.--Paragraph (3) of \nsection 48C(d) of such Code is amended by striking ``and'' at the end \nof subparagraph (A), by striking the period at the end of subparagraph \n(B) and inserting ``, and'', and by inserting after subparagraph (B) \nthe following:\n ``(C) shall take into consideration whether the \n project is located in a green energy investment zone \n (as defined in section 48(a)(2)(C)(ii)).''.\n (h) Effective Date.--\n (1) In general.--The amendments made by this section shall \n take effect on the date of the enactment of this Act.\n (2) Increase in limitations.--The amendments made by \n subsections (e)(2) and (f)(2) shall apply to taxable years \n beginning after December 31, 2008.","summary":"Green Energy Investment Zone Act of 2009 - Amends the Internal Revenue Code to allow various energy-related tax credits for investment in energy property in high job-loss zones. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow increased grant amounts for investment in energy property in high job-loss zones.","title":"To amend the Internal Revenue Code of 1986 to enhance incentives for renewable energy development in high job-loss zones in metropolitan and micropolitan statistical areas.","text_len":9629,"sum_len":330} {"bill_id":"113_s1467","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FISA Court Reform Act of 2013''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Decision.--The term ``decision'' means a decision, \n order, or opinion issued by the FISA Court or the FISA Court of \n Review.\n (2) FISA.--The term ``FISA'' means the Foreign Intelligence \n Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).\n (3) FISA court.--The term ``FISA Court'' means the court \n established under section 103(a) of FISA (50 U.S.C. 1803(a)).\n (4) FISA court of review.--The term ``FISA Court of \n Review'' means the court of review established under section \n 103(b) of FISA (50 U.S.C. 1803(b)).\n (5) Office.--The term ``Office'' mean the Office of the \n Special Advocate established under section (3)(a).\n (6) Significant construction or interpretation of law.--The \n term ``significant construction or interpretation of law'' \n means a significant construction or interpretation of a \n provision, as that term is construed under section 601(c) of \n FISA (50 U.S.C. 1871(c)).\n (7) Special advocate.--The term ``Special Advocate'' means \n the Special Advocate appointed under section 3(b).\n\nSEC. 3. OFFICE OF THE SPECIAL ADVOCATE.\n\n (a) Establishment.--There is established in the executive branch as \nan independent establishment, as defined in section 104 of title 5, \nUnited States Code, an Office of the Special Advocate.\n (b) Special Advocate.--\n (1) In general.--The head of the Office is the Special \n Advocate.\n (2) Appointment and term.--\n (A) Appointment.--The presiding judge of the FISA \n Court of Review shall appoint the Special Advocate from \n the list of candidates submitted under subparagraph \n (B).\n (B) List of candidates.--The Privacy and Civil \n Liberties Oversight Board shall submit to the presiding \n judge of the FISA Court of Review a list of not less \n than 5 qualified candidates to serve as Special \n Advocate.\n (C) Security clearance.--An individual may be \n appointed Special Advocate without regard to whether \n the individual possesses a security clearance on the \n date of the appointment.\n (D) Term and dismissal.--A Special Advocate shall \n be appointed for a term of 5 years and may be fired \n only for good cause shown, including the demonstrated \n inability to qualify for an adequate security \n clearance.\n (E) Reappointment.--There shall be no limit to the \n number of consecutive terms served by a Special \n Advocate. The reappointment of a Special Advocate shall \n be made in the same manner as appointment of a Special \n Advocate.\n (F) Acting special advocate.--If the position of \n Special Advocate is vacant, the presiding judge of the \n FISA Court of Review may appoint an Acting Special \n Advocate from among the qualified employees of the \n Office. If there are no such qualified employees, the \n presiding judge of the FISA Court of Review may appoint \n an Acting Special Advocate from the most recent list of \n candidates provided by the Privacy and Civil Liberties \n Oversight Board pursuant to subparagraph (B). The \n Acting Special Advocate shall have all of the powers of \n a Special Advocate and shall serve until a Special \n Advocate is appointed.\n (3) Employees.--The Special Advocate is authorized, without \n regard to the civil service laws and regulations, to appoint \n and terminate employees of the Office.\n (c) Security Clearances.--The appropriate departments, agencies, \nand elements of the executive branch shall cooperate with the Office, \nto the extent possible under existing procedures and requirements, to \nexpeditiously provide the Special Advocate and appropriate employees of \nthe Office with the security clearances necessary to carry out the \nduties of the Special Advocate.\n (d) Duties and Authorities of the Special Advocate.--\n (1) In general.--The Special Advocate--\n (A) shall review each application to the FISA Court \n by the Attorney General;\n (B) shall review each decision of the FISA Court or \n the FISA Court of Review issued after the date of the \n enactment of this Act and all documents and other \n material relevant to such decision in a complete, \n unredacted form;\n (C) shall participate in a proceeding before the \n FISA Court if appointed to participate by the FISA \n Court under section 4(a);\n (D) may request to participate in a proceeding \n before the FISA Court;\n (E) shall participate in such a proceeding if such \n request is granted;\n (F) may request reconsideration of a decision of \n the FISA Court under section 4(b);\n (G) may appeal or seek review of a decision of the \n FISA Court or the FISA Court of Review under section 5; \n and\n (H) shall participate in such appeal or review.\n (2) Advocacy.--The Special Advocate shall protect \n individual rights by vigorously advocating before the FISA \n Court or the FISA Court of Review, as appropriate, in support \n of legal interpretations that minimize the scope of \n surveillance and the extent of data collection and retention.\n (3) Utilization of outside counsel.--The Special Advocate--\n (A) may delegate to a competent outside counsel any \n duty or responsibility of the Special Advocate with \n respect to participation in a matter before the FISA \n Court, the FISA Court of Review, or the Supreme Court \n of the United States; and\n (B) may not delegate to outside counsel any duty or \n authority set out in subparagraph (A), (B), (D), (F), \n or (G) of paragraph (1).\n (4) Availability of documents and material.--The FISA Court \n or the FISA Court of Review, as appropriate, shall order any \n agency, department, or entity to make available to the Special \n Advocate, or appropriate outside counsel if utilized by the \n Special Advocate under paragraph (3), any documents or other \n material necessary to carry out the duties described in \n paragraph (1).\n\nSEC. 4. ADVOCACY BEFORE THE FISA COURT.\n\n (a) Appointment To Participate.--\n (1) In general.--The FISA Court may appoint the Special \n Advocate to participate in a FISA Court proceeding.\n (2) Standing.--If the Special Advocate is appointed to \n participate in a FISA Court proceeding pursuant to paragraph \n (1), the Special Advocate shall have standing as a party before \n the FISA Court in that proceeding.\n (b) Reconsideration of a FISA Court Decision.--\n (1) Authority to move for reconsideration.--The Special \n Advocate may move the FISA Court to reconsider any decision of \n the FISA Court made after the date of the enactment of this Act \n by petitioning the FISA Court not later than 30 days after the \n date on which all documents and materials relevant to the \n decision are made available to the Special Advocate.\n (2) Discretion of the fisa court.--The FISA Court shall \n have discretion to grant or deny a motion for reconsideration \n made pursuant to paragraph (1).\n (c) Amicus Curiae Participation.--\n (1) Motion by the special advocate.--The Special Advocate \n may file a motion with the FISA Court to permit and facilitate \n participation of amicus curiae, including participation in oral \n argument if appropriate, in any proceeding. The FISA Court \n shall have the discretion to grant or deny such a motion.\n (2) Facilitation by the fisa court.--The FISA Court may, \n sua sponte, permit and facilitate participation by amicus \n curiae, including participation in oral argument if \n appropriate, in proceedings before the FISA Court.\n (3) Regulations.--Not later than 180 days after the date of \n the enactment of this Act, the FISA Court shall promulgate \n rules to provide the public with information sufficient to \n allow interested parties to participate as amicus curiae.\n\nSEC. 5. APPELLATE REVIEW.\n\n (a) Appeal of FISA Court Decisions.--\n (1) Authority to appeal.--The Special Advocate may appeal \n any decision of the FISA Court issued after the date of the \n enactment of this Act not later than 90 days after the date the \n decision is issued, unless it would be apparent to all \n reasonable jurists that such decision is dictated by statute or \n by precedent handed down after such date of enactment.\n (2) Standing as appellant.--If the Special Advocate appeals \n a decision of the FISA Court pursuant to paragraph (1), the \n Special Advocate shall have standing as a party before the FISA \n Court of Review in such appeal.\n (3) Mandatory review.--The FISA Court of Review shall \n review any FISA Court decision appealed by the Special Advocate \n and issue a decision in such appeal.\n (4) Standard of review.--The standards for a mandatory \n review of a FISA Court decision pursuant to paragraph (3) shall \n be--\n (A) de novo with respect to issues of law; and\n (B) clearly erroneous with respect to determination \n of facts.\n (5) Amicus curiae participation.--\n (A) In general.--The FISA Court of Review shall \n accept amicus curiae briefs from interested parties in \n all mandatory reviews pursuant to paragraph (3) and \n shall provide for amicus participation in oral argument \n if appropriate.\n (B) Regulations.--Not later than 180 days after the \n date of the enactment of this Act, the FISA Court of \n Review shall promulgate rules to provide the public \n with information sufficient to allow interested parties \n to participate as amicus curiae.\n (b) Review of FISA Court of Review Decisions.--\n (1) Authority.--The Special Advocate may seek a writ of \n certiorari from the Supreme Court of the United States for \n review of any decision of the FISA Court of Review.\n (2) Standing.--In any proceedings before the Supreme Court \n of the United States relating to a petition of certiorari filed \n under paragraph (1) and any proceedings in a matter for which \n certiorari is granted, the Special Advocate shall have standing \n as a party.\n\nSEC. 6. DISCLOSURE.\n\n (a) Requirement To Disclose.--The Attorney General shall publicly \ndisclose--\n (1) all decisions issued by the FISA Court or the FISA \n Court of Review after July 10, 2003, that include a significant \n construction or interpretation of law;\n (2) any decision of the FISA Court appealed by the Special \n Advocate pursuant to this Act; and\n (3) any FISA Court of Review decision that is issued after \n an appeal by the Special Advocate.\n (b) Disclosure Described.--For each disclosure required by \nsubsection (a) with respect to a decision, the Attorney General shall \nmake available to the public documents sufficient--\n (1) to identify with particularity each legal question \n addressed by the decision and how such question was resolved;\n (2) to describe in general terms the context in which the \n matter arises;\n (3) to describe the construction or interpretation of any \n statute, constitutional provision, or other legal authority \n relied on by the decision; and\n (4) to indicate whether the decision departed from any \n prior decision of the FISA Court or FISA Court of Review.\n (c) Documents Described.--The Attorney General shall satisfy the \ndisclosure requirements in subsection (b) by--\n (1) releasing a FISA Court or FISA Court of Review decision \n in its entirety or as redacted;\n (2) releasing a summary of a FISA Court or FISA Court of \n Review decision; or\n (3) releasing an application made to the FISA Court, briefs \n filed before the FISA Court or the FISA Court of Review, or \n other materials, in full or as redacted.\n (d) Extensive Disclosure.--The Attorney General shall release as \nmuch information regarding the facts and analysis contained in a \ndecision described in subsection (a) or documents described in \nsubsection (c) as is consistent with legitimate national security \nconcerns.\n (e) Timing of Disclosure.--\n (1) Decisions issued prior to enactment.--A decision issued \n prior to the date of the enactment of this Act that is required \n to be disclosed under subsection (a)(1) shall be disclosed not \n later than 180 days after the date of the enactment of this \n Act.\n (2) FISA court decisions.--The Attorney General shall \n release FISA Court decisions appealed by the Special Advocate \n not later than 30 days after the date the appeal is filed.\n (3) FISA court of review decisions.--The Attorney General \n shall release FISA Court of Review decisions appealed by the \n Special Advocate not later than 90 days after the date the \n appeal is filed.\n (f) Petition by the Special Advocate.--\n (1) Authority to petition.--The Special Advocate may \n petition the FISA Court or FISA Court of Review to order--\n (A) the public disclosure of a decision of such a \n Court, and documents or other material relevant to such \n a decision, previously designated as classified \n information; or\n (B) the release of an unclassified summary of such \n decisions and documents.\n (2) Contents of petition.--Each petition filed under \n paragraph (1) shall contain a detailed declassification \n proposal or a summary of the decision and documents that the \n Special Advocate proposes to have released publicly.\n (3) Role of the attorney general.--\n (A) Copy of petition.--The Special Advocate shall \n provide to the Attorney General a copy of each petition \n filed under paragraph (1).\n (B) Opposition.--The Attorney General may oppose a \n petition filed under paragraph (1) by submitting any \n objections in writing to the FISA Court or the FISA \n Court of Review, as appropriate, not later than 90 days \n after the date such petition was submitted.\n (4) Public availability.--Not less than 91 days after \n receiving a petition under paragraph (1), and taking into \n account any objections from the Attorney General made under \n paragraph (3)(B), the FISA Court or FISA Court of Review, as \n appropriate, shall declassify and make readily available to the \n public any decision, document, or other material requested in \n such petition, if such decision, document, or other material \n pertain to a decision that contains a significant construction \n or interpretation of law, to the greatest extent possible, \n consistent with legitimate national security considerations.\n (5) Effective date.--The Special Advocate may not file a \n petition under paragraph (1) until 181 days after the date of \n the enactment of this Act, except with respect to a decision \n appealed by the Special Advocate.\n\nSEC. 7. ANNUAL REPORT TO CONGRESS.\n\n (a) Requirement for Annual Report.--The Special Advocate shall \nsubmit to Congress an annual report on the implementation of this Act.\n (b) Contents.--Each annual report submitted under subsection (a) \nshall--\n (1) detail the activities of the Office;\n (2) provide an assessment of the effectiveness of this Act; \n and\n (3) propose any new legislation to improve the functioning \n of the Office or the operation of the FISA Court or the FISA \n Court of Review.\n\nSEC. 8. PRESERVATION OF RIGHTS.\n\n Nothing in this Act shall be construed--\n (1) to provide the Attorney General with authority to \n prevent the FISA Court or FISA Court of Review from \n declassifying decisions or releasing information pursuant to \n this Act; and\n (2) to eliminate the public's ability to secure information \n under section 552 of title 5, United States Code (commonly \n known as the ``Freedom of Information Act'') or any other \n provision of law.","summary":"FISA Court Reform Act of 2013 - Establishes as an independent establishment in the executive branch an Office of the Special Advocate to protect individual rights by advocating in cases before courts established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. Directs the presiding judge of the FISA Court of Review to appoint a Special Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. Requires the Special Advocate to: (1) review each application to the FISA Court by the Attorney General and each decision of the FISA Court or the FISA Court of Review, and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Permits the Special Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court or FISA Court of Review decisions. Directs such Courts to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. Authorizes the Special Advocate to seek a writ of certiorari from the Supreme Court for review of any decision of the FISA Court of Review. Requires the Attorney General to publicly disclose: (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law, (2) any decision of the FISA Court appealed by the Special Advocate, and (3) any FISA Court of Review decision issued after an appeal by the Special Advocate. Provides for the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Permits the Special Advocate to petition the FISA Court or FISA Court of Review for the public disclosure of decisions and related documents previously designated as classified or for the release of an unclassified summary of such materials.","title":"FISA Court Reform Act of 2013","text_len":17886,"sum_len":2139} {"bill_id":"111_hr3909","text":"SECTION 1. SHORT TITLE; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Renewable Energy \nInvestment Act of 2009''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this subtitle an amendment or repeal is expressed \nin terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Internal Revenue Code of 1986.\n (c) Table of Contents.--\n\nSec. 1. Short title; etc.\n TITLE I--INVESTMENT IN RENEWABLE ENERGY\n\nSec. 101. Extension of renewable electricity production credit.\nSec. 102. Expansion and extension of new clean renewable energy bonds.\nSec. 103. Extension of investment tax credit for certain energy \n property.\nSec. 104. Increase in credit for investment in advanced energy \n facilities.\n TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY\n\nSec. 201. Extension of credits for alcohol fuels.\nSec. 202. Extension of credits for biodiesel and renewable diesel.\n TITLE III--INVESTMENT IN ETHANOL\n\nSec. 301. Research in and development of fungible biofuels.\n\n TITLE I--INVESTMENT IN RENEWABLE ENERGY\n\nSEC. 101. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT.\n\n (a) In General.--Subsection (d) of section 45 is amended--\n (1) by striking ``January 1, 2013'' in paragraph (1) and \n inserting ``January 1, 2015'', and\n (2) by striking ``January 1, 2014'' each place it appears \n in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and \n inserting ``January 1, 2015''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 102. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS.\n\n (a) In General.--Paragraph (2) of section 54C(c) is amended by \ninserting ``, for calendar years 2011, 2012, 2013, and 2014, an \nadditional $500,000,000 for each year, and, except as provided in \nparagraph (5) for years after 2014, zero,'' after ``$800,000,000''.\n (b) Carryover of Unused Limitation.--Subsection (c) of section 54C \nis amended by adding at the end the following new paragraph:\n ``(5) Carryover of unused limitation.--If for any calendar \n year--\n ``(A) the amount allocated under paragraph (2) for \n such calendar year, exceeds\n ``(B) the amount of bonds issued during such year \n which are designated under subsection (a) pursuant to \n such allocation,\n then the limitation amount under paragraph (2) for the \n following calendar year shall be increased by the amount of \n such excess.''.\n (c) Effective Date.--The amendments made by this section shall \napply to bonds issued after December 31, 2010.\n\nSEC. 103. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY \n PROPERTY.\n\n (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) \nof section 48(a) are each amended by striking ``January 1, 2017'' and \ninserting ``January 1, 2019''.\n (b) Fuel Cell Property.--Subparagraph (D) of section 48(c)(1) is \namended by striking ``December 31, 2016'' and inserting ``December 31, \n2018''.\n (c) Qualified Small Wind Energy Property.--Subparagraph (C) of \nsection 48(c)(4) is amended by striking ``December 31, 2016'' and \ninserting ``December 31, 2018''.\n (d) Geothermal Heat Pump Systems.--Clause (vii) of section \n48(a)(3)(A) is amended by striking ``January 1, 2017'' and inserting \n``January 1, 2019''.\n (e) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 104. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY \n FACILITIES.\n\n (a) In General.--Subparagraph (B) of section 48C(d)(1) is amended \nby striking ``$2,300,000,000'' and inserting ``$4,000,000,000''.\n (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the amendments made by section 1302 of the \nAmerican Recovery and Reinvestment Tax Act of 2009.\n\n TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY\n\nSEC. 201. EXTENSION OF CREDITS FOR ALCOHOL FUELS.\n\n (a) In General.--Sections 40, 6426(b)(6), and 6427(e)(6)(A) are \neach amended by striking ``2010'' each place it appears and inserting \n``2011''.\n (b) Conforming Amendment.--Section 40(e)(1)(B) is amended by \nstriking ``2011'' and inserting ``2012''.\n (c) Effective Date.--The amendments made by this section shall \napply to sales and uses after the date of the enactment of this Act.\n\nSEC. 202. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.\n\n (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are \neach amended by striking ``December 31, 2009'' each place it appears \nand inserting ``December 31, 2011''.\n (b) Effective Date.--The amendments made by this section shall \napply to sales and uses after the date of the enactment of this Act.\n\n TITLE III--INVESTMENT IN ETHANOL\n\nSEC. 301. RESEARCH IN AND DEVELOPMENT OF FUNGIBLE BIOFUELS.\n\n There is authorized to be appropriated for advanced biofuels \nresearch, development, and demonstration that will create fuels that \nare fungible in existing infrastructure $100,000,000.","summary":"Renewable Energy Investment Act of 2009 - Amends the Internal Revenue Code to: (1) extend through 2014 the tax credit for producing electricity from renewable resources. (2) increase and extend through 2014 the authority for issuing new clean renewable energy bonds. (3) extend through 2018 the energy tax credit for investment in solar energy and fuel cell property, small wind energy property, and geothermal heat pump systems. (4) increase the energy tax credit for investment in advanced energy facilities. And (5) extend through 2011 the income and excise tax credits for alcohol fuels, biodiesel, and renewable diesel. Authorizes appropriations for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure.","title":"To enhance the energy security of the United States by encouraging investments in renewable and alternative energy and to authorize appropriations for research in and development of fungible biofuels.","text_len":5464,"sum_len":782} {"bill_id":"111_hr5818","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mandate Prevention Act of 2010''.\n\nSEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER.\n\n (a) In General.--Section 425(a) of the Congressional Budget Act of \n1974 is amended by striking ``and'' at the end of paragraph (1), by \nstriking the period at the end of paragraph (2) and by inserting ``; \nand'', and by adding at the end the following new paragraph:\n ``(3) Any bill, joint resolution, amendment, motion, or \n conference report that would increase the direct costs of \n Federal private sector mandates by an amount that causes the \n thresholds specified in section 424(b)(1) to be exceeded, \n unless--\n ``(A) the bill, joint resolution, amendment, \n motion, or conference report provides new budget \n authority or new entitlement authority in the House of \n Representatives or direct spending authority in the \n Senate for each fiscal year for such mandates included \n in the bill, joint resolution, amendment, motion, or \n conference report in an amount equal to or exceeding \n the direct costs of such mandate; or\n ``(B) the bill, joint resolution, amendment, \n motion, or conference report includes an authorization \n for appropriations in an amount equal to or exceeding \n the direct costs of such mandate, and--\n ``(i) identifies a specific dollar amount \n of the direct costs of such mandate for each \n year up to 10 years during which such mandate \n shall be in effect under the bill, joint \n resolution, amendment, motion or conference \n report, and such estimate is consistent with \n the estimate determined under subsection (e) \n for each fiscal year;\n ``(ii) identifies any appropriation bill \n that is expected to provide for Federal funding \n of the direct cost referred to under clause \n (i); and\n ``(iii)(I) provides that for any fiscal \n year the responsible Federal agency shall \n determine whether there are insufficient \n appropriations for that fiscal year to provide \n for the direct costs under clause (i) of such \n mandate, and shall (no later than 30 days after \n the beginning of the fiscal year) notify the \n appropriate authorizing committees of Congress \n of the determination and submit either--\n ``(aa) a statement that the agency \n has determined, based on a re-estimate \n of the direct costs of such mandate, \n after consultation with State, local, \n and tribal governments, that the amount \n appropriated is sufficient to pay for \n the direct costs of such mandate; or\n ``(bb) legislative recommendations \n for either implementing a less costly \n mandate or making such mandate \n ineffective for the fiscal year;\n ``(II) provides for expedited procedures \n for the consideration of the statement or \n legislative recommendations referred to in \n subclause (I) by Congress no later than 30 days \n after the statement or recommendations are \n submitted to Congress; and\n ``(III) provides that such mandate shall--\n ``(aa) in the case of a statement \n referred to in subclause (I)(aa), cease \n to be effective 60 days after the \n statement is submitted unless Congress \n has approved the agency's determination \n by joint resolution during the 60-day \n period;\n ``(bb) cease to be effective 60 \n days after the date the legislative \n recommendations of the responsible \n Federal agency are submitted to \n Congress under subclause (I)(bb) unless \n Congress provides otherwise by law; or\n ``(cc) in the case that such \n mandate that has not yet taken effect, \n continue not to be effective unless \n Congress provides otherwise by law.''.\n (b) Committee on Appropriations.--Section 425(c)(1) of the \nCongressional Budget Act of 1974 is amended by inserting ``or a Federal \nprivate sector mandate'' after ``Federal intergovernmental mandate'' \neach place it appears.\n (c) Determinations of Federal Private Sector Mandate Levels.--\nSection 425(e) of the Congressional Budget Act of 1974 is amended by \ninserting ``and Federal private sector mandates'' after ``Federal \nmandates''.\n\nSEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF \n REPRESENTATIVES.\n\n Clause 11(b) of rule XVIII of the Rules of the House of \nRepresentatives is amended by inserting before the period the \nfollowing: ``or a Federal private sector mandate the direct costs of \nwhich exceed the threshold otherwise specified for a reported bill or \njoint resolution in section 424(b)(1) of such Act''.\n\nSEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND \n INTERGOVERNMENTAL MANDATES.\n\n Section 424(b)(1) of the Congressional Budget Act of 1974 is \namended by striking ``$100,000,000'' and inserting ``$50,000,000''.","summary":"Mandate Prevention Act of 2010 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order to consider in either chamber of Congress any legislation that would increase the direct costs of federal private sector mandates by an amount that causes the applicable thresholds to be exceeded, unless the legislation: (1) provides new budget or entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates in an amount equal to or exceeding the direct costs of each such mandate. Or (2) includes an authorization of appropriations in an amount equal to or exceeding the direct costs of such mandates and makes other specified arrangements for up to 10 years during which each mandate shall be in effect under the legislation. Applies such prohibition to any legislative provision increasing direct costs of a federal private sector mandate in any legislation reported by a congressional appropriations committee. Amends Rule XVIII of the Rules of the House to state that the Committee of the Whole may be precluded from considering an amendment proposing only to strike an unfunded federal private sector mandate from the portion of the bill then open to amendment only by specific terms of a special order of the House. Amends the CBA to equalize the threshold between private sector and intergovernmental mandates.","title":"To amend title IV of the Congressional Budget Act of 1974 and the Rules of the House of Representatives to make Federal private sector mandates subject to a point of order, and for other purposes.","text_len":6416,"sum_len":1401} {"bill_id":"108_hr524","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Crossroads of the American \nRevolution National Heritage Area Act of 2003''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) New Jersey was of critical importance during the \n American Revolution due to its strategic location between the \n British armies headquartered in New York City and the \n Continental Congress sitting in the City of Philadelphia.\n (2) General George Washington spent almost half of the \n period of the American Revolution personally commanding troops \n of the Continental Army in New Jersey including 2 severe winter \n encampments at what is now Morristown National Historical Park, \n a unit of the National Park System.\n (3) It was during the 10 crucial days of the American \n Revolution between December 25, 1776, and January 3, 1777, when \n General Washington, after retreating across New Jersey from New \n York City to Pennsylvania in the face of total defeat for the \n Nation``s cause, recrossed the Delaware River on Christmas \n night, 1776, and won crucial battles at Trenton and Princeton. \n Thomas Paine, who accompanied the troops during the retreat, \n described the events as, `the times that try men's souls''.\n (4) There are situated in the State of New Jersey the sites \n of 296 engagements including several important battles of the \n American Revolution, which collectively are of significant \n importance to the outcome of the overall conflict and the \n history of the United States. Among these are National Historic \n Landmarks including Washington's Crossing, the Old Trenton \n Barracks, and Princeton, Monmouth and Red Bank Battlefields.\n (5) Additional national Historic Landmarks include the \n homes of Richard Stockton, Joseph Hewes, John Witherspoon, and \n Francis Hopkinson, all signers of the Declaration of \n Independence, Elias Boudinout, President of the Continental \n Congress and William Livingston, patriot and Governor of New \n Jersey from 1776 to 1790.\n (6) Portions of the landscapes important to the strategies \n of both armies including waterways, mountains, farms, wetlands, \n villages and roadways retain integrity of the period of the \n American Revolution and offer outstanding opportunities for \n conservation, education, and recreation.\n (7) The National Register of Historic Places lists 251 \n buildings and sites in the National Park Service study area for \n Crossroads of the American Revolution associated with the \n period of the American Revolution.\n (8) Civilian populations residing in New Jersey suffered \n extreme hardships during the American Revolution due to the \n continuous conflict within its borders, foraging armies, and \n marauding contingents of loyalist Tories and rebel \n sympathizers.\n (9) Because of the important role that New Jersey played in \n the successful outcome of the American Revolution there is a \n Federal interest for the development of a regional framework to \n assist the State of New Jersey, other local organizations and \n governments, and private citizens to preserve and protect \n natural, cultural, and historic resources of the period and to \n bring recognition to this important heritage for the \n educational and recreational benefit of this and future \n generations of Americans.\n (10) The National Park Service has conducted a National \n Heritage Feasibility Study in the State of New Jersey that \n demonstrates the sufficient assemblage of nationally \n distinctive natural, cultural, and historic resources necessary \n to establish the Crossroads of the American Revolution National \n Heritage Area.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To build the capacity of communities, organizations, \n and citizens in New Jersey to preserve the special historic \n identity of the region and its importance to the Nation.\n (2) To foster a close working relationship with all levels \n of government, the private sector, and the local communities in \n New Jersey.\n (3) To provide for the management, preservation, \n protection, and interpretation of the natural, historic, and \n cultural resources of the region for the educational and \n inspirational benefit of future generations.\n (4) To strengthen the value of Morristown National \n Historical Park as an asset to the region by establishing a \n network of related historic resources, protected landscapes, \n educational opportunities, and events depicting the \n revolutionary landscape of New Jersey.\n (5) To strengthen partnerships among Morristown National \n Historical Park and other public and privately owned resources \n in the heritage area, that together represent the strategic \n fulcrum of the American Revolution, as assets in the quality of \n life in the region.\n (6) To authorize Federal financial and technical assistance \n to serve these purposes.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Association.--The term ``Association'' means the \n Crossroads of the American Revolution Association, Inc., a \n nonprofit corporation in the State of New Jersey.\n (2) Boundaries.--The term ``boundaries'' means the \n boundaries of the heritage area specified in section 4.\n (3) Heritage area.--The term ``heritage area'' means the \n Crossroads of the American Revolution National Heritage Area as \n established in section 4.\n (4) Management plan.--The term ``management plan'' means \n the management plan submitted under section 5.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established in the State of New Jersey \nthe Crossroads of the American Revolution National Heritage Area.\n (b) Boundaries.--The boundaries of the heritage area shall include \nall those lands and waters depicted on a map entitled ``Crossroads of \nthe American Revolution National Heritage Area'', numbered CRREL80,000 \nand dated April 2002. The map shall be on file in the appropriate \noffices of the National Park Service.\n (c) Management Entity.--The management entity for the heritage area \nshall be the Association.\n\nSEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.\n\n (a) Duties of the Association.--To further the purposes of the \nheritage area, the Association shall--\n (1) prepare and submit a management plan for the heritage \n area to the Secretary in accordance with section 6;\n (2) assist units of local government, regional planning \n organizations, and nonprofit organizations in implementing the \n approved management plan by--\n (A) carrying out programs and projects that \n recognize, protect, and enhance important resource \n values within the heritage area;\n (B) establishing and maintaining interpretive \n exhibits and programs within the heritage area;\n (C) developing recreational and educational \n opportunities in the heritage area;\n (D) increasing public awareness of and appreciation \n for natural, historic, and cultural resources of the \n heritage area;\n (E) protecting and restoring historic sites and \n buildings in the heritage area that are consistent with \n heritage area themes;\n (F) ensuring that clear, consistent, and \n appropriate signs identifying points of public access \n and sites of interest are posted throughout the \n heritage area; and\n (G) promoting a wide range of partnerships among \n governments, organizations, and individuals to further \n the purposes of the heritage area;\n (3) consider the interests of diverse units of government, \n businesses, organizations, and individuals in the heritage area \n in the preparation and implementation of the management plan;\n (4) conduct Association meetings open to the public at \n least semiannually regarding the development and implementation \n of the management plan;\n (5) submit an annual report to the Secretary for any fiscal \n year in which the Association receives Federal funds under this \n Act, setting forth its accomplishments, expenses, and income, \n including grants to any other entities during the year for \n which the report is made;\n (6) make available for audit for any fiscal year in which \n it receives Federal funds under this Act, all information \n pertaining to the expenditure of such funds and any matching \n funds, and require in all agreements authorizing expenditures \n of Federal funds by other organizations, that the receiving \n organizations make available for such audit all records and \n other information pertaining to the expenditure of such funds;\n (7) encourage by appropriate means economic viability that \n is consistent with the purposes of the heritage area; and\n (8) maintain its headquarters at Morristown National \n Historical Park and in Mercer County.\n (b) Authorities.--The Association may, for the purposes of \npreparing and implementing the management plan for the heritage area, \nuse Federal funds made available through this Act to__\n (1) make grants to the State of New Jersey, its political \n subdivisions, nonprofit organizations and other persons;\n (2) enter into cooperative agreements with or provide \n technical assistance to the State of New Jersey, its political \n jurisdictions, nonprofit organizations, and other interested \n parties;\n (3) hire and compensate staff which shall include \n individuals with expertise in natural, cultural, historic \n resources protection, and heritage programming;\n (4) obtain money or services from any source, including any \n that are provided under any other Federal law or program;\n (5) contract for goods or services; and\n (6) undertake to be a catalyst for any other activity that \n furthers the purposes of the heritage area and is consistent \n with the approved management plan.\n (c) Prohibitions on the Acquisition of Real Property.--The \nAssociation may not use Federal funds received under this Act to \nacquire real property, but may use any other source of funding, \nincluding other Federal funding, intended for the acquisition of real \nproperty.\n\nSEC. 6. MANAGEMENT PLAN.\n\n (a) In General.--The management plan for the heritage area shall--\n (1) include comprehensive polices, strategies and \n recommendations for conservation, funding, management, and \n development of the heritage area;\n (2) take into consideration existing State, county, and \n local plans in the development of the management plan and its \n implementation;\n (3) include a description of actions that governments, \n private organizations, and individuals have agreed to take to \n protect the natural, historic, and cultural resources of the \n heritage area;\n (4) specify the existing and potential sources of funding \n to protect, manage, and develop the heritage area in the first \n 5 years of implementation;\n (5) include an inventory of the natural, historical, \n cultural, educational, scenic and recreational resources of the \n heritage area related to the themes of the heritage area that \n should be preserved, restored, managed, developed, or \n maintained;\n (6) recommend policies and strategies for resource \n management which consider and detail the application of \n appropriate land and water management techniques including, but \n not limited to, the development of intergovernmental and \n interagency cooperative agreements to protect the heritage \n area's natural, historical, cultural, educational, scenic and \n recreational resources;\n (7) describe a program of implementation for the management \n plan including plans for resource protection, restoration, \n construction, and specific commitments for implementation that \n have been made by the Association or any government, \n organization, or individual for the first 5 years of \n implementation;\n (8) include an analysis and recommendations for ways in \n which local, State, and Federal programs, including the role of \n the National Park Service in the heritage area, may best be \n coordinated to further the purposes of this Act; and\n (9) include an interpretive plan for the heritage area.\n (b) Deadline and Termination of Funding.--\n (1) Deadline.--The Association shall submit the management \n plan to the Secretary for approval within 3 years after funds \n are made available for this Act.\n (2) Termination of funding.--Upon completion of the 3-year \n period in this subsection, further funding pursuant to this Act \n shall only be made available to the Association for the \n implementation of the management plan upon approval by the \n Secretary as provided in Section 7 of this Act.\n\nSEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.\n\n (a) Technical and Financial Assistance.--\n (1) In general.--The Secretary may, upon the request of the \n Association provide technical assistance on a reimbursable or \n nonreimbursable basis and financial assistance to the heritage \n area to develop and implement the approved management plan. The \n Secretary is authorized to enter into cooperative agreements \n with the Association and other public or private entities for \n this purpose. In assisting the heritage area, the Secretary \n shall give priority to actions that in general assist in--\n (A) conserving the significant natural, historic, \n cultural, and scenic resources of the heritage area; \n and\n (B) providing educational, interpretive, and \n recreational opportunities consistent with the purposes \n of the heritage area.\n (2) Other assistance.--Upon request, the Superintendent of \n Morristown National Historical Park may provide to public and \n private organizations within the heritage area, including the \n Association, such operational assistance as appropriate to \n support the implementation of the management plan for the \n heritage area, subject to the availability of appropriated \n funds. The Secretary is authorized to enter into cooperative \n agreements with public and private organizations for the \n purpose of implementing this subsection.\n (3) Preservation of historic properties.--The Secretary may \n provide assistance to State or local government or nonprofit \n organizations for appropriate treatment of historic objects or \n structures listed or eligible for listing on the National \n Register of Historic Places to further the purposes of this \n Act.\n (b) Approval and Disapproval of Management Plan.--\n (1) In general.--The Secretary shall approve or disapprove \n the management plan not later than 90 days after receiving the \n management plan.\n (2) Criteria for approval.--In determining to approve the \n management plan, the Secretary shall consider whether--\n (A) the Board of Directors of the Association is \n representative of the diverse interests of the heritage \n area including governments, natural and historic \n resource protection organizations, education, business, \n and recreation;\n (B) the Association has afforded adequate \n opportunity, including public hearings, for public and \n governmental involvement in the preparation of the \n management plan;\n (C) the resource protection and interpretation \n strategies contained in the management plan, if \n implemented, would adequately protect the natural, \n historic, and cultural resources of the heritage area; \n and\n (D) the Secretary has received adequate assurances \n from the appropriate State and local officials whose \n support is needed to ensure the effective \n implementation of the State and local aspects of the \n management plan.\n (3) Action following disapproval.--If the Secretary \n disapproves the management plan, the Secretary shall advise the \n Association in writing of the reasons therefore and shall make \n recommendations for revisions to the management plan. The \n Secretary shall approve or disapprove a proposed revision \n within 60 days after the date it is submitted.\n (4) Approval of amendments.--Substantial amendments to the \n management plan shall be reviewed by the Secretary and approved \n in the same manner as provided for the original management \n plan. The Association shall not use Federal funds authorized by \n this Act to implement any amendments until the Secretary has \n approved the amendments.\n\nSEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.\n\n Any Federal agency conducting or supporting activities directly \naffecting the heritage area shall--\n (1) consult with the Secretary and the Association with \n respect to such activities;\n (2) cooperate with the Secretary and the Association in \n carrying out their duties under this Act and, to the maximum \n extent practicable, coordinate such activities with the \n carrying out of such duties; and,\n (3) to the maximum extent practicable, conduct or support \n such activities in a manner which the association determines \n will not have an adverse effect on the heritage area.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated for the \npurposes of this Act not more than $1,000,000 for any fiscal year. Not \nmore than a total of $10,000,000 may be appropriated for the \nAssociation under this Act.\n (b) Matching Funds.--Federal funding provided under this Act may \nnot exceed 50 percent of the total cost of any assistance or grant \nprovided or authorized under this Act.\n\nSEC. 10. SUNSET.\n\n The authority of the Secretary to provide assistance under this \nAct shall terminate on the day occurring 15 years after the date of the \nenactment of the Act.","summary":"Crossroads of the American Revolution National Heritage Area Act of 2003 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey. Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planning organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area. Bars the Association from using Federal funds received under this Act to acquire real property, but permits the Association to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Limits Federal funding to 50 percent of any assistance provided. Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan. And (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association.","title":"To establish the Crossroads of the American Revolution National Heritage Area in the State of New Jersey, and for other purposes.","text_len":19859,"sum_len":1369} {"bill_id":"107_hr2984","text":"SECTION 1. ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY \n REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED.\n\n (a) In General.--Section 214(g) of the Immigration and Nationality \nAct (8 U.S.C. 1184(g)) is amended by adding at the end the following:\n ``(8) Ensuring that numerical limitation computation \n accurately reflects number of h-1b nonimmigrants employed.--\n ``(A) In general.--The Attorney General shall take \n such steps as may be necessary to ensure that all \n numerical limitations applicable to the issuance of \n visas, or the provision of nonimmigrant status, under \n section 101(a)(15)(H)(i)(b) are applied in a manner \n that--\n ``(i) accurately reflects the actual number \n of aliens who commence employment in the United \n States as such a nonimmigrant in each fiscal \n year; and\n ``(ii) does not count against any such \n numerical limitation--\n ``(I) any visa issued to an alien \n based on a petition filed by an \n employer that is not used by the alien \n as the basis for admission into the \n United States and commencement of \n employment with such employer within a \n reasonable period of time subsequent to \n its issuance any visa (including any \n visa in excess of one, in cases in \n which multiple visas are issued to a \n single alien based on petitions filed \n by multiple prospective employers and \n the alien accepts employment with only \n one of those employers);\n ``(II) any change of nonimmigrant \n classification or status authorized for \n an alien based on a petition filed by \n an employer that is not used by the \n alien to commence employment with such \n employer within a reasonable period of \n time subsequent to such authorization \n (including any authorization in excess \n of one, in cases in which multiple \n authorizations are provided to a single \n alien based on petitions filed by \n multiple prospective employers and the \n alien accepts employment with only one \n of those employers); and\n ``(III) any visa (or authorization \n to change nonimmigrant classification \n or status) in excess of one, in cases \n in which multiple visas (or \n authorizations) are issued to a single \n alien in order to permit employment \n with more than one employer in the \n United States during identical or \n concurrent periods of time.\n ``(B) Cancellation of concurrent visas upon entry \n into united states.--Pursuant to subparagraph (A), the \n Attorney General shall take such steps as may be \n necessary to ensure that when an alien is admitted into \n the United States based on a visa according status as \n nonimmigrant described in section 101(a)(15)(H)(i)(b), \n any unused visa according such nonimmigrant status that \n has been issued to the alien is canceled for purposes \n of computing any numerical limitation applicable to the \n provision of nonimmigrant status under such section.\n ``(C) Use of visas and other authorizations within \n a reasonable period of time.--Pursuant to subparagraph \n (A), the Attorney General shall promulgate regulations \n establishing the precise durations of the periods of \n time described in clauses (I) and (II) of such \n subparagraph. The Attorney General shall by regulation \n provide for the cancellation of any visa or \n authorization described in such clauses that is not \n used by an alien to commence employment before the \n termination of the period of time determined by the \n Attorney General to be reasonable in the case of that \n visa or authorization. All such cancellations shall be \n taken into account in implementing subparagraph (A).\n ``(D) Coordination.--The heads of all other Federal \n agencies with regulatory authority with respect to \n aliens who may be provided nonimmigrant status under \n section 101(a)(15)(H)(i)(b) or employers who may \n petition under subsection (c) with respect to such \n aliens, including the Secretary of State and the \n Secretary of Labor, shall coordinate and cooperate with \n the Attorney General in order to ensure that this \n paragraph is implemented as efficiently and effectively \n as possible.''.\n (b) Conforming Amendment.--Section 214(g)(7) of the Immigration and \nNationality Act (8 U.S.C. 1184(g)(7)) is amended by striking the second \nsentence.","summary":"Amends the Immigration and Nationality Act to direct the Attorney General to take specified steps to ensure that the numerical limitation computation of H-1B visa nonimmigrant aliens accurately reflects the number of such aliens employed under such status in each fiscal year.","title":"To amend the Immigration and Nationality Act to ensure that aliens provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act are counted, for purposes of determining whether the numerical limitation on the provision of such status has been reached, in a manner that is accurate, fair, and takes into account only those aliens who actually commence employment as such a nonimmigrant.","text_len":6128,"sum_len":276} {"bill_id":"109_hr6374","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving Crime Victims' \nRestitution Act of 2006''.\n\nSEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.\n\n (a) In General.--Subchapter A of chapter 227 of title 18, United \nStates Code, is amended by adding at the end the following:\n``Sec. 3560. Effect of death of a defendant in Federal criminal \n proceedings\n ``(a) General Rule.--Notwithstanding any other provision of law, \nthe death of a defendant who has been convicted of a Federal criminal \noffense shall not be the basis for abating or otherwise invalidating a \nplea of guilty or nolo contendere accepted, a verdict returned, a \nsentence announced, or a judgment entered prior to the death of that \ndefendant, or for dismissing or otherwise invalidating the indictment, \ninformation, or complaint on which such a plea, verdict, sentence, or \njudgment is based, except as provided in this section.\n ``(b) Death After Plea or Verdict.--\n ``(1) Entry of judgment.--If a defendant dies after a plea \n of guilty or nolo contendere has been accepted or a verdict has \n been returned, but before judgment is entered, the court shall \n enter a judgment incorporating the plea of guilty or nolo \n contendere or the verdict, with the notation that the defendant \n died before the judgment was entered.\n ``(2) Punitive sanctions.--\n ``(A) Death before sentence announced.--If a \n defendant dies after a plea of guilty or nolo \n contendere has been accepted or a verdict has been \n returned and before a sentence has been announced, no \n sentence of probation, supervision, or imprisonment may \n be imposed, no criminal forfeiture may be ordered, and \n no liability for a fine or special assessment may be \n imposed on the defendant or the defendant's estate.\n ``(B) Death after sentencing or judgment.--The \n death of a defendant after a sentence has been \n announced or a judgment has been entered, and before \n that defendant has exhausted or waived the right to a \n direct appeal--\n ``(i) shall terminate any term of \n probation, supervision, or imprisonment, and \n shall terminate the liability of that defendant \n to pay any amount remaining due of a criminal \n forfeiture, of a fine under section 3613(b), or \n of a special assessment under section 3013; and\n ``(ii) shall not require return of any \n portion of any criminal forfeiture, fine, or \n special assessment already paid.\n ``(3) Restitution.--\n ``(A) Death before sentence announced.--If a \n defendant dies after a plea of guilty or nolo \n contendere has been accepted or a verdict has been \n returned and before a sentence has been announced, the \n court shall, upon a motion under subsection (c)(2) by \n the Government or any victim of that defendant's crime, \n commence a special restitution proceeding at which the \n court shall adjudicate and enter a final order of \n restitution against the estate of that defendant in an \n amount equal to the amount that would have been imposed \n if that defendant were alive.\n ``(B) Death after sentencing or judgment.--The \n death of a defendant after a sentence has been \n announced shall not be a basis for abating or otherwise \n invalidating restitution announced at sentencing or \n ordered after sentencing under section 3664(d)(5) of \n this title or any other provision of law.\n ``(4) Civil proceedings.--The death of a defendant after a \n plea of guilty or nolo contendere has been accepted, a verdict \n returned, a sentence announced, or a judgment entered, shall \n not prevent the use of that plea, verdict, sentence, or \n judgment in civil proceedings, to the extent otherwise \n permitted by law.\n ``(c) Appeals, Motions, and Petitions.--\n ``(1) In general.--Except as provided in paragraph (2), \n after the death of a defendant convicted in a criminal case--\n ``(A) no appeal, motion, or petition by or on \n behalf of that defendant or the personal representative \n or estate of that defendant, the Government, or a \n victim of that defendant's crime seeking to challenge \n or reinstate a plea of guilty or nolo contendere \n accepted, a verdict returned, a sentence announced, or \n a judgment entered prior to the death of that defendant \n shall be filed in that case after the death of that \n defendant; and\n ``(B) any pending motion, petition, or appeal in \n that case shall be dismissed with the notation that the \n dismissal is due to the death of the defendant.\n ``(2) Exceptions.--\n ``(A) Restitution.--After the death of a defendant \n convicted in a criminal case, the personal \n representative of that defendant, the Government, or \n any victim of that defendant's crime may file or pursue \n an otherwise permissible direct appeal, petition for \n mandamus or a writ of certiorari, or an otherwise \n permissible motion described in section 3663, 3663A, \n 3664, or 3771, to the extent that the appeal, petition, \n or motion raises an otherwise permissible claim to--\n ``(i) obtain, in a special restitution \n proceeding, a final order of restitution under \n subsection (b)(3);\n ``(ii) enforce, correct, amend, adjust, \n reinstate, or challenge any order of \n restitution; or\n ``(iii) challenge or reinstate a verdict, \n plea of guilty or nolo contendere, sentence, or \n judgment on which--\n ``(I) a restitution order is based; \n or\n ``(II) restitution is being or will \n be sought by an appeal, petition, or \n motion under this paragraph.\n ``(B) Other civil actions affected.--After the \n death of a defendant convicted in a criminal case, the \n personal representative of that defendant, the \n Government, or any victim of that defendant's crime may \n file or pursue an otherwise permissible direct appeal, \n petition for mandamus or a writ of certiorari, or an \n otherwise permissible motion under the Federal Rules of \n Criminal Procedure, to the extent that the appeal, \n petition, or motion raises an otherwise permissible \n claim to challenge or reinstate a verdict, plea of \n guilty or nolo contendere, sentence, or judgment that \n the appellant, petitioner, or movant shows by a \n preponderance of the evidence is, or will be, material \n in a pending or reasonably anticipated civil \n proceeding, including civil forfeiture proceedings.\n ``(C) Collateral consequences.--\n ``(i) In general.--Except as provided in \n subparagraphs (A) and (B), the Government may \n not restrict any Federal benefits or impose \n collateral consequences on the estate or a \n family member of a deceased defendant based \n solely on the conviction of a defendant who \n died before that defendant exhausted or waived \n the right to direct appeal unless, not later \n than 90 days after the death of that defendant, \n the Government gives notice to that estate or \n family member of the intent of the Government \n to take such action.\n ``(ii) Personal representative.--If the \n Government gives notice under clause (i), the \n court shall appoint a personal representative \n for the deceased defendant that is the subject \n of that notice, if not otherwise appointed, \n under section (d)(2)(A).\n ``(iii) Tolling.--If the Government gives \n notice under clause (i), any filing deadline \n that might otherwise apply against the \n defendant, the estate of the defendant, or a \n family member of the defendant shall be tolled \n until the date of the appointment of that \n defendant's personal representative under \n clause (ii).\n ``(3) Basis.--In any appeal, petition, or motion under \n paragraph (2), the death of the defendant shall not be a basis \n for relief.\n ``(d) Procedures Regarding Continuing Litigation.--\n ``(1) In general.--The standards and procedures for a \n permitted appeal, petition, motion, or other proceeding under \n subsection (c)(2) shall be the standards and procedures \n otherwise provided by law, except that the personal \n representative of the defendant shall be substituted for the \n defendant.\n ``(2) Special procedures.--If continuing litigation is \n initiated or could be initiated under subsection (c)(2), the \n following procedures shall apply:\n ``(A) Notice and appointment of personal \n representative.--The district court before which the \n criminal case was filed (or the appellate court if the \n matter is pending on direct appeal) shall--\n ``(i) give notice to any victim of the \n convicted defendant under section 3771(a)(2), \n and to the personal representative of that \n defendant or, if there is none, the next of kin \n of that defendant; and\n ``(ii) appoint a personal representative \n for that defendant, if not otherwise appointed.\n ``(B) Counsel.--Counsel shall be appointed for the \n personal representative of a defendant convicted in a \n criminal case who dies if counsel would have been \n available to that defendant, or if the personal \n representative of that defendant requests counsel and \n otherwise qualifies for the appointment of counsel, \n under section 3006A.\n ``(C) Tolling.--The court shall toll any applicable \n deadline for the filing of any motion, petition, or \n appeal during the period beginning on the date of the \n death of a defendant convicted in a criminal case and \n ending on the later of--\n ``(i) the date of the appointment of that \n defendant's personal representative; or\n ``(ii) where applicable, the date of the \n appointment of counsel for that personal \n representative.\n ``(D) Restitution.--If restitution has not been \n fully collected on the date on which a defendant \n convicted in a criminal case dies--\n ``(i) any amount owed under a restitution \n order (whether issued before or after the death \n of that defendant) shall be collectible from \n any property from which the restitution could \n have been collected if that defendant had \n survived, regardless of whether that property \n is included in the estate of that defendant;\n ``(ii) any restitution protective order in \n effect on the date of the death of that \n defendant shall continue in effect unless \n modified by the court after hearing or pursuant \n to a motion by the personal representative of \n that defendant, the Government, or any victim \n of that defendant's crime; and\n ``(iii) upon motion by the Government or \n any victim of that defendant's crime, the court \n shall take any action necessary to preserve the \n availability of property for restitution under \n this section.\n ``(e) Forfeiture.--\n ``(1) In general.--Except as provided in paragraph (2), the \n death of an individual does not affect the Government's ability \n to seek, or to continue to pursue, civil forfeiture of property \n as authorized by law.\n ``(2) Tolling of limitations for civil forfeiture.--\n Notwithstanding the expiration of any civil forfeiture statute \n of limitations or any time limitation set forth in section \n 983(a) of this title, not later than the later of the time \n period otherwise authorized by law and 2 years after the date \n of the death of an individual against whom a criminal \n indictment alleging forfeiture is pending, the Government may \n commence civil forfeiture proceedings against any interest in \n any property alleged to be forfeitable in the indictment of \n that individual.\n ``(f) Definitions.--In this section--\n ``(1) the term `accepted', relating to a plea of guilty or \n nolo contendere, means that a court has determined, under rule \n 11(b) of the Federal Rules of Criminal Procedure, that the plea \n is voluntary and supported by a factual basis, regardless of \n whether final acceptance of that plea may have been deferred \n pending review of a presentence report or otherwise;\n ``(2) the term `announced', relating to a sentence, means \n that the sentence has been orally stated in open court;\n ``(3) the term `convicted' refers to a defendant--\n ``(A) whose plea of guilty or nolo contendere has \n been accepted; or\n ``(B) against whom a verdict of guilty has been \n returned;\n ``(4) the term `direct appeal' means an appeal filed, \n within the period provided by rule 4(b) of the Federal Rules of \n Appellate Procedure, from the entry of the judgment or order of \n restitution, including review by the Supreme Court of the \n United States; and\n ``(5) the term `returned', relating to a verdict, means \n that the verdict has been orally stated in open court.''.\n (b) Conforming Amendment.--The table of sections for chapter 227 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing:\n\n``3560. Effect of death of a defendant in Federal criminal \n proceedings.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to any criminal case or \nappeal pending on or after July 1, 2006.\n\nSEC. 4. SEVERABILITY.\n\n If any provision of this Act, any amendment made by this Act, or \nthe application of such provision or amendment to any person or \ncircumstance is held to be unconstitutional, the remainder of the \nprovisions of this Act, the amendments made by this Act, and the \napplication of such provisions or amendments to any person or \ncircumstance shall not be affected.","summary":"Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases. Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act.","title":"To address the effect of the death of a defendant in Federal criminal proceedings.","text_len":16827,"sum_len":762} {"bill_id":"113_hr4842","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Business Supply Chain Transparency \non Trafficking and Slavery Act of 2014''.\n\nSEC. 2. FINDINGS AND SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) In 2012, the Department of Labor identified 134 goods \n from 74 countries around the world made by forced labor and \n child labor.\n (2) The United States is the world's largest importer, and \n in the 21st century, investors, consumers, and broader civil \n society increasingly demand information about the human rights \n impact of products in the United States market.\n (3) Courts have also ruled that consumers do not have \n standing to bring a civil action in United States courts for \n enforcement of this provision of the Tariff Act, because the \n legislative intent was to protect American manufacturers from \n unfairly priced goods, not to protect consumers from tainted \n goods, consequently, there are fewer than 40 enforcement \n actions on record in the past 80 years.\n (4) Mechanisms under Federal law related to forced labor, \n slavery, human trafficking, and the worst forms of child labor \n in the stream of commerce suffer from similar problems of \n limited scope, broad expectations, and inability to provide \n information about specific supplies whose goods are tainted.\n (5) The United Nations Guiding Principles on Business and \n Human Rights affirm that business enterprises have a \n responsibility to respect human rights, and that States have a \n duty to ensure these rights are protected. Such Guiding \n Principles also clarify that the duty to protect against \n business-related human rights abuses requires States to take \n the necessary steps to prevent and address human rights abuses \n to workers through effective policies and regulation.\n (6) The Trafficking Victims Protection Reauthorization Act \n of 2003 (Public Law 108-193) together with the Trafficking \n Victims Protection Act of 2005 (Public Law 109-164) provide for \n the termination of Federal contracts where a Federal contractor \n or subcontractor engages in severe forms of trafficking in \n persons or has procured a commercial sex act during the period \n of time that the grant, contract, or cooperative agreement is \n in effect, or uses forced labor in the performance of the \n grant, contract, or cooperative agreement. The Trafficking \n Victims Protection Act of 2005 also provide United States \n courts with criminal jurisdiction abroad over Federal \n employees, contractors, or subcontractors who participate in \n severe forms of trafficking in persons or forced labor.\n (7) Executive Order 13126, Prohibition of Acquisition of \n Products Produced by Forced or Indentured Child Labor, \n Executive Order 13627, Strengthening Protections Against \n Trafficking In Persons In Federal Contracts, and title XVII of \n the National Defense Authorization Act for Fiscal Year 2013 \n (Public Law 112-239) have prohibited Federal contractors, \n subcontractors, and their employees from engaging in the \n following trafficking-related activities: charging labor \n recruitment fees; confiscating passports and other identity \n documents of workers; and using fraudulent recruitment \n practices, including failing to disclose basic information or \n making material misrepresentations about the terms and \n conditions of employment. Such Executive order and Acts also \n require Federal contractors, subcontractors, and their \n employees to maintain an anti-trafficking compliance plan that \n includes, among other elements, a complaint mechanism and \n procedures to prevent subcontractors at any tier from engaging \n in trafficking in persons.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) forced labor, slavery, human trafficking, and the worst \n forms of child labor are among the most egregious forms of \n abuse that humans commit against each other, for the sake of \n commercial profit;\n (2) the legislative and regulatory framework to prevent \n goods produced by forced labor, slavery, human trafficking, and \n the worst forms of child labor from passing into the stream of \n commerce in the United States is gravely inadequate;\n (3) legislation is necessary to provide consumers \n information on products that are free of child labor, forced \n labor, slavery, and human trafficking; and\n (4) through publicly available disclosures, businesses and \n consumers can avoid inadvertently promoting or sanctioning \n these crimes through production and purchase of goods and \n products that have been tainted in the supply chains.\n\nSEC. 3. DISCLOSURE OF INFORMATION RELATING TO EFFORTS TO COMBAT THE USE \n OF FORCED LABOR, SLAVERY, TRAFFICKING IN PERSONS, OR THE \n WORST FORMS OF CHILD LABOR.\n\n Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) \nis amended by adding at the end the following new subsection:\n ``(s) Disclosures Relating to Efforts To Combat the Use of Forced \nLabor, Slavery, Trafficking in Persons, or the Worst Forms of Child \nLabor.--\n ``(1) Regulations.--Not later than 1 year after the date of \n enactment of the Global Supply Chain Transparency for \n Trafficking, Forced Labor, and Child Labor Eradication Act, the \n Commission, in consultation with the Secretary of State, shall \n promulgate regulations to require that any covered issuer \n required to file reports with the Commission under this section \n to include annually in such reports, a disclosure whether the \n covered issuer has taken any measures during the year for which \n such reporting is required to identify and address conditions \n of forced labor, slavery, human trafficking, and the worst \n forms of child labor within the covered issuer's supply chain, \n and a description of such measures taken. Such disclosure shall \n include, under the heading `Policies to Address Forced Labor, \n Slavery, Human Trafficking, and the Worst Forms of Child \n Labor', information describing to what extent, if any, the \n covered issuer conducts any of the following activities:\n ``(A) Whether the covered issuer maintains a policy \n to identify and eliminate the risks of forced labor, \n slavery, human trafficking, and the worst forms of \n child labor within the covered issuer's supply chain \n (such disclosure to include the text of the policy or \n substantive description of the elements of the policy), \n and actions the covered issuer has taken pursuant to or \n in the absence of such policy.\n ``(B) Whether the covered issuer maintains a policy \n prohibiting its employees and employees of entities \n associated with its supply chain for engaging in \n commercial sex acts with a minor.\n ``(C) The efforts of the covered issuer to evaluate \n and address the risks of forced labor, slavery, human \n trafficking, and the worst forms of child labor in the \n product supply chain. If such efforts have been made, \n such disclosure shall--\n ``(i) describe any risks identified within \n the supply chain, and the measures taken toward \n eliminating those risks;\n ``(ii) specify whether the evaluation was \n or was not conducted by a third party;\n ``(iii) specify whether the process \n includes consultation with the independent \n labor organizations (as such term is defined in \n section 2 of the National Labor Relations Act \n (29 U.S.C. 152)), workers' associations, or \n workers within workplaces and incorporates the \n resulting input or written comments from such \n independent labor organizations, workers' \n associations, or workers and if so, the \n disclosure shall describe the entities \n consulted and specify the method of such \n consultation; and\n ``(iv) specify the extent to which the \n process covers entities within the supply \n chain, including entities upstream in the \n product supply chain and entities across lines \n of products or services.\n ``(D) The efforts of the covered issuer to ensure \n that audits of suppliers within the supply chain of the \n covered issuer are conducted to--\n ``(i) investigate the working conditions \n and labor practices of such suppliers;\n ``(ii) verify whether such suppliers have \n in place appropriate systems to identify risks \n of forced labor, slavery, human trafficking, \n and the worst forms of child labor within their \n own supply chain; and\n ``(iii) evaluate whether such systems are \n in compliance with the policies of the covered \n issuer or efforts in absence of such policies.\n ``(E) The efforts of the covered issuer to--\n ``(i) require suppliers in the supply chain \n to attest that the manufacture of materials \n incorporated into any product and the \n recruitment of labor are carried out in \n compliance with the laws regarding forced \n labor, slavery, human trafficking, and the \n worst forms of child labor of the country or \n countries in which the covered issuer is doing \n business;\n ``(ii) maintain internal accountability \n standards, supply chain management, and \n procurement systems, and procedures for \n employees, suppliers, contractors, or other \n entities within its supply chain failing to \n meet the covered issuer's standards regarding \n forced labor, slavery, human trafficking, and \n the worst forms of child labor, including a \n description of such standards, systems, and \n procedures;\n ``(iii) train the employees and management \n who have direct responsibility for supply chain \n management on issues related to forced labor, \n slavery, human trafficking, and the worst forms \n of child labor, particularly with respect to \n mitigating risks within the supply chains of \n products; and\n ``(iv) ensure that labor recruitment \n practices at all suppliers associated with the \n supply chain comply with the covered issuer's \n policies or efforts in absence of such policies \n for eliminating exploitive labor practices that \n contribute to forced labor, slavery, human \n trafficking, and the worst forms of child \n labor, including by complying with audits of \n labor recruiters and disclosing the results of \n such audits.\n ``(F) The efforts of the covered issuer in cases \n where forced labor, slavery, human trafficking, and the \n worst forms of child labor have been identified within \n the supply chain, to ensure that remedial action is \n provided to those who have identified as victims, \n including support for programs designed to prevent the \n recurrence of those events within the industry or \n sector in which they have been identified.\n ``(2) Requirements for availability of information.--\n ``(A) In general.--The regulations promulgated \n under paragraph (1) shall require--\n ``(i) that the required information be \n disclosed by the covered issuer on the Internet \n website of the covered issuer through a \n conspicuous and easily understandable link to \n the relevant information that shall be labeled \n `Global Supply Chain Transparency'; and\n ``(ii) if an individual submits a written \n request to the covered issuer for such \n information, that the covered issuer provides \n the individual with a written disclosure of the \n required information under this section within \n 30 days of the receipt of such request.\n ``(B) Disclosure.--The Commission shall make \n available to the public in a searchable format on the \n Commission's website--\n ``(i) a list of covered issuers required to \n disclose any measures taken by the company to \n identify and address conditions of forced \n labor, slavery, human trafficking, and the \n worst forms of child labor within the covered \n issuer's supply chain, as required by this \n subsection; and\n ``(ii) a compilation of the information \n submitted under the rules issued under \n paragraph (1).\n ``(3) Definitions.--As used in this subsection--\n ``(A) the term `covered issuer' means an issuer \n that has annual worldwide global receipts in excess of \n $100,000,000;\n ``(B) the terms `forced labor', `slavery', and \n `human trafficking' mean any labor practice or human \n trafficking activity in violation of national and \n international standards, including International Labor \n Organization Convention No. 182, the Trafficking \n Victims Protection Act of 2000 (Public Law 106-386), \n and acts that would violate the criminal provisions \n related to slavery and human trafficking under chapter \n 77 of title 18, United States Code, if they had been \n committed within the jurisdiction of the United States;\n ``(C) the terms `remediation' and `remedial action' \n mean the activities or systems that an issuer puts in \n place to address non-compliance with the standards \n identified through monitoring or verification, which \n may apply to individuals adversely affected by the non-\n compliant conduct or address broader systematic \n processes;\n ``(D) the term `supply chain', with respect to a \n covered issuer disclosing the information required \n under the regulations promulgated under this section, \n means all labor recruiters, suppliers of products, \n component parts of products, and raw materials used by \n such entity in the manufacturing of such entity's \n products whether or not such entity has a direct \n relationship with the supplier; and\n ``(E) the term `the worst forms of child labor' \n means child labor in violation of national and \n international standards, including International Labor \n Organization Convention No. 182.''.\n\nSEC. 4. DISCLOSURES ON WEBSITE OF DEPARTMENT OF LABOR.\n\n (a) In General.--The Secretary of Labor shall make available to the \npublic in a searchable format on the Department of Labor's website--\n (1) a list of companies required to disclose any measures \n taken by the company to identify and address conditions of \n forced labor, slavery, human trafficking, and the worst forms \n of child labor within the covered issuer's supply chain, as \n required by section 13(s) of the Securities Exchange Act of \n 1934, as added by section 3; and\n (2) a compilation of the information disclosed pursuant to \n such requirements.\n (b) Top 100 List.--The Secretary of Labor, in consultation with the \nSecretary of State and other appropriate Federal and international \nagencies, independent labor evaluators, and human rights groups, shall \nannually develop and publish on the Internet website of the Department \nof Labor a list of top 100 companies adhering to supply chain labor \nstandards, as established under relevant Federal and international \nguidelines.","summary":"Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 - Expresses the sense of Congress that: (1) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking. And (2) businesses and consumers, by means of publicly available disclosures, can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), within one year after enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act, to promulgate regulations requiring that mandatory annual reports include a disclosure whether the covered issuer has taken any measures during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the issuer's supply chains. Requires any business entity filing such disclosures to make them available on its Internet website. Directs the Secretary of Labor to develop and publish annually on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under federal and international guidelines.","title":"Business Supply Chain Transparency on Trafficking and Slavery Act of 2014","text_len":18249,"sum_len":1384} {"bill_id":"106_s425","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Food and Medicine for the World Act \nof 1999''.\n\nSEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY NEW UNILATERAL \n AGRICULTURAL SANCTION.\n\n (a) Definitions.--\n (1) Agricultural commodity.--The term ``agricultural \n commodity'' has the meaning given the term in section 402 of \n the Agricultural Trade Development and Assistance Act of 1954 \n (7 U.S.C. 1732).\n (2) Agricultural program.--The term ``agricultural \n program'' means--\n (A) any program administered through the \n Agricultural Trade Development and Assistance Act of \n 1954 (Public Law 480; 7 U.S.C. 1701 et seq.);\n (B) any program administered through section 416 of \n the Agricultural Act of 1949 (7 U.S.C. 1431);\n (C) any commercial sale of agricultural commodities \n or agricultural products, including plant nutrient \n materials; or\n (D) any export financing (including credits or \n credit guarantees) for agricultural commodities or \n agricultural products.\n (3) New unilateral agricultural sanction.--The term ``new \n unilateral agricultural sanction'' means any prohibition, \n restriction, or condition on carrying out an agricultural \n program with respect to a foreign country or foreign entity \n that is imposed by the United States on or after the date of \n enactment of this Act for reasons of foreign policy or national \n security, except in a case in which the United States imposes \n the measure pursuant to a multilateral regime and the other \n member countries of that regime have agreed to impose \n substantially equivalent measures.\n (4) New unilateral sanction with respect to medicine, \n medical supplies, or medical equipment.--The term ``new \n unilateral sanction with respect to medicine, medical supplies, \n or medical equipment'' means any prohibition, restriction, or \n condition on trade in, or the provision of assistance \n consisting of, medicine, medical supplies, or medical equipment \n with respect to a foreign country or foreign entity that is \n imposed by the United States on or after the date of enactment \n of this Act for reasons of foreign policy or national security, \n except in a case in which the United States imposes the measure \n pursuant to a multilateral regime and the other member \n countries of that regime have agreed to impose substantially \n equivalent measures.\n (5) Session day of congress.--The term ``session day of \n Congress'' means any day on which a House of Congress is in \n session.\n (b) Restriction.--Notwithstanding any other provision of law and \nsubject to subsection (c), the President may not impose a new \nunilateral agricultural sanction against a foreign country, or a new \nunilateral sanction with respect to medicine, medical supplies, or \nmedical equipment against a foreign country, unless--\n (1) not less than 60 days before the sanction is proposed \n to be imposed, the President submits a report to Congress \n that--\n (A) describes the activity proposed to be \n prohibited, restricted, or conditioned; and\n (B) describes the actions by the foreign country \n that justify the sanction; and\n (2) Congress enacts a joint resolution stating the approval \n of Congress for the report submitted under paragraph (1).\n (c) Exception.--Notwithstanding subsection (b), the President may \nimpose a sanction described in that subsection--\n (1) against a foreign country with respect to which--\n (A) Congress has enacted a declaration of war; or\n (B) the President has proclaimed a state of \n national emergency; or\n (2) to the extent that the sanction would prohibit, \n restrict, or condition the provision or use of any commodity, \n product, medicine, supply, or equipment that is controlled on \n the United States Munitions List under section 38 of the Arms \n Export Control Act or the Commerce Control List under the \n Export Administration Act of 1979.\n (d) Congressional Priority Procedures.--\n (1) Joint resolution defined.--For the purpose of \n subsection (b)(2), ``joint resolution'' means only a joint \n resolution introduced within 10 session days of Congress after \n the date on which the report of the President under subsection \n (b)(1) is received by Congress, the matter after the resolving \n clause of which is as follows: ``That Congress approves the \n report of the President pursuant to section 2(b)(1) of the Food \n and Medicine for the World Act of 1999, transmitted on \n ______________.'', with the blank completed with the \n appropriate date.\n (2) Referral of report.--The report described in subsection \n (b)(1) shall be referred to the appropriate committee or \n committees of the House of Representatives and to the \n appropriate committee or committees of the Senate.\n (3) Referral of joint resolution to committee.--A joint \n resolution introduced in the House of Representatives shall be \n referred to the Committee on International Relations of the \n House of Representatives. A joint resolution introduced in the \n Senate shall be referred to the Committee on Foreign Relations \n of the Senate. Such a joint resolution may not be reported \n before the eighth session day of Congress after its \n introduction.\n (4) Discharge from committee.--If the committee of either \n House to which a joint resolution is referred has not reported \n the joint resolution (or an identical joint resolution) at the \n end of 30 session days of Congress after its introduction, the \n committee shall be discharged from further consideration of the \n joint resolution and the joint resolution shall be placed on \n the appropriate calendar of the House in which it was \n introduced.\n (5) Floor consideration.--\n (A) Motion to proceed.--When the committee to which \n a joint resolution is referred has reported, or has \n been deemed to be discharged (under paragraph (4)) from \n further consideration of, a joint resolution, \n notwithstanding any rule or precedent of the \nSenate, including Rule 22, it is at any time thereafter in order (even \nthough a previous motion to the same effect has been disagreed to) for \nany Member of the respective House to move to proceed to the \nconsideration of the joint resolution, and all points of order against \nthe joint resolution (and against consideration of the joint \nresolution) are waived. The motion is highly privileged in the House of \nRepresentatives and is privileged in the Senate and is not debatable. \nThe motion is not subject to amendment, or to a motion to postpone, or \nto a motion to proceed to the consideration of other business. A motion \nto reconsider the vote by which the motion is agreed to or disagreed to \nshall not be in order. If a motion to proceed to the consideration of \nthe joint resolution is agreed to, the joint resolution shall remain \nthe unfinished business of the respective House until disposed of.\n (B) Debate on the joint resolution.--Debate on the \n joint resolution, and on all debatable motions and \n appeals in connection therewith, shall be limited to \n not more than ten hours, which shall be divided equally \n between those favoring and those opposing the joint \n resolution. A motion further to limit debate is in \n order and not debatable. An amendment to, or a motion \n to postpone, or a motion to proceed to the \n consideration of other business, or a motion to \n recommit the joint resolution is not in order. A motion \n to reconsider the vote by which the joint resolution is \n agreed to or disagreed to is not in order.\n (C) Vote on final passage.--Immediately following \n the conclusion of the debate on a joint resolution, and \n a single quorum call at the conclusion of the debate if \n requested in accordance with the rules of the \n appropriate House, the vote on final passage of the \n joint resolution shall occur.\n (D) Appeals of rulings.--Appeals from the decisions \n of the Chair relating to the application of the rules \n of the Senate or the House of Representatives, as the \n case may be, to the procedure relating to a joint \n resolution described in paragraph (1) shall be decided \n without debate.\n (6) Treatment of other house's joint resolution.--If, \n before the passage by one House of Congress of a joint \n resolution of that House, that House receives from the other \n House a joint resolution, then the following procedures shall \n apply:\n (A) Referral of joint resolutions of sending \n house.--The joint resolution of the sending House shall \n not be referred to a committee in the receiving House.\n (B) Procedures in receiving house.--With respect to \n a joint resolution of the House receiving the joint \n resolution--\n (i) the procedure in that House shall be \n the same as if no joint resolution had been \n received from the sending House; but\n (ii) the vote on final passage shall be on \n the joint resolution of the sending House.\n (C) Disposition of joint resolutions of receiving \n house.--Upon disposition of the joint resolution \n received from the other House, it shall no longer be in \n order to consider the joint resolution originated in \n the receiving House.\n (7) Procedures after action by both the house and senate.--\n If the House receiving a joint resolution from the other House \n after the receiving House has disposed of a joint resolution \n originated in that House, the action of the receiving House \n with regard to the disposition of the joint resolution \n originated in that House shall be deemed to be the action of \n the receiving House with regard to the joint resolution \n originated in the other House.\n (8) Status of procedures.--This subsection is enacted by \n Congress--\n (A) as an exercise of the rulemaking power of the \n Senate and House of Representatives, respectively, and \n as such it is deemed a part of the rules of each House, \n respectively, but applicable only with respect to the \n procedure to be followed in that House in the case of a \n joint resolution described in paragraph (1), and it \n supersedes other rules only to the extent that it is \n inconsistent with such rules; and\n (B) with full recognition of the constitutional \n right of either House to change the rules (so far as \n relating to the procedure of that House) at any time, \n in the same manner and to the same extent as in the \n case of any other rule of that House.","summary":"Food and Medicine for the World Act of 1999 - Prohibits, with specified exceptions, the President from imposing a new unilateral agricultural sanction, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment, against a foreign country, unless: (1) not less than 60 days before the sanction is proposed to be imposed, the President makes a specified report to Congress, and (2) Congress enacts a joint resolution approving the report.","title":"Food and Medicine for the World Act of 1999","text_len":12192,"sum_len":471} {"bill_id":"114_hr4882","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cesar Chavez National Historical \nPark Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress makes the following findings:\n (1) The Cesar E. Chavez National Monument was established \n by Presidential Proclamation 8884 on October 8, 2012, for the \n purposes of protecting and interpreting the nationally \n significant resources associated with the property in Keene, \n California, known as Nuestra Senora Reina de la Paz.\n (2) Nuestra Senora Reina de la Paz served as the national \n headquarters of the United Farm Workers movement, and was the \n home and workplace of Cesar Chavez, his family, union members, \n and supporters.\n (3) While Cesar E. Chavez National Monument marks the \n extraordinary achievements and contributions to the history of \n the United States by Cesar Chavez and the farm worker movement, \n there are other significant sites in California and Arizona \n that are important to the story of the farm worker movement.\n (b) Purpose.--The purpose of this Act is to establish the Cesar \nChavez National Historical Park--\n (1) to help preserve, protect, and interpret the nationally \n significant resources associated with Cesar Chavez and the farm \n worker movement;\n (2) to interpret and provide for a broader understanding of \n the extraordinary achievements and contributions to the history \n of the United Sates made by Cesar Chavez and the farm worker \n movement; and\n (3) to support and enhance the network of sites and \n resources associated with Cesar Chavez and the farm worker \n movement.\n\nSEC. 3. DEFINITIONS.\n\n In this section:\n (1) Historical park.--The term ``historical park'' means \n the Cesar Chavez National Historical Park established by \n section 4(a).\n (2) Map.--The term ``map'' means the map entitled, ``___'', \n numbered ___, and dated ___, __.\n (3) Route.--The term ``route'' means the ``American Farm \n Worker Movement Interpretive Route'' established by section 5.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Interior.\n (5) States.--The term ``States'' means--\n (A) the State of California; and\n (B) the State of Arizona.\n\nSEC. 4. CESAR CHAVEZ NATIONAL HISTORICAL PARK.\n\n (a) Establishment.--There is established in the States a unit of \nthe National Park System to be known as the ``Cesar Chavez National \nHistorical Park''.\n (b) Boundary.--The boundary of the historical park shall include \nthe following areas as generally depicted on the map:\n (1) The Forty Acres and Filipino Community Hall in Delano, \n California.\n (2) Cesar E. Chavez National Monument, which includes La \n Nuestra Senora Reina de la Paz, in Keene, California.\n (3) McDonnell Hall in San Jose, California.\n (4) Santa Rita Center in Phoenix, Arizona.\n (c) Availability of Map.--The map shall be available for public \ninspection in the appropriate offices of the National Park Service, \nDepartment of Interior.\n (d) Land Acquisition.--The Secretary may acquire land and interests \nin land that are within the boundary of the historical park by \ndonation, purchase with donated or appropriated funds, or exchange.\n (e) Abolishment of Cesar E. Chavez National Monument.--\n (1) In general.--Cesar E. Chavez National Monument is \n hereby abolished and the lands and interests therein are \n incorporated within and made part of the historical park. Any \n funds available for purposes of the monument shall be available \n for purposes of the historical park.\n (2) References.--Any reference in a law (other than in this \n Act), regulation, document, record, map or other paper of the \n United States to Cesar E. Chavez National Monument shall be \n considered a reference to the historical park.\n (f) Administration.--\n (1) In general.--The Secretary shall administer the \n historical park in accordance with this section, and the laws \n generally applicable to units of the National Park System, \n including--\n (A) those sections of title 54, United States Code, \n formerly part of the Act of August 25, 1916 (commonly \n known as the National Park System Organic Act); and\n (B) sections 320101 through 320106 and section \n 309101 of title 54, United States Code.\n (2) Interpretation.--The Secretary may provide staff and \n technical assistance for the purpose of interpreting historic \n sites, museums, and resources on lands not administered by the \n Secretary relating to the life of Cesar Chavez and the history \n of the farm worker movement.\n (3) Cooperative agreements.--\n (A) In general.--The Secretary may enter into \n cooperative agreements with the States, local \n governments, public and private organizations, and \n individuals--\n (i) to mark, interpret, preserve, and \n restore nationally significant historic or \n cultural resources relating to the life of \n Cesar Chavez or the history of the farm worker \n movement within the boundaries of the \n historical park, if the agreement provides for \n reasonable public access;\n (ii) to conduct research relating to the \n life of Cesar Chavez or the history of the farm \n worker movement; or\n (iii) to design, construct, operate, or \n maintain National Park Service visitor, \n interpretive, or administrative facilities for \n the historical park.\n (B) Cost-sharing requirement.--\n (i) Federal share.--The Federal share of \n the total cost of an activity carried out under \n this paragraph shall not exceed 50 percent.\n (ii) Form of non-federal share.--The non-\n Federal share of the cost of carrying out an \n activity under this paragraph may be in the \n form of in-kind contributions or goods or \n services, fairly valued.\n (g) General Management Plan.--\n (1) In general.--Not later than 3 years after the date on \n which funds are made available to carry out this section, the \n Secretary shall prepare a general management plan for the \n historical park in accordance with section 100502 of title 54, \n United States Code.\n (2) Additional sites.--The general management plan shall \n include a determination of whether there are additional \n representative sites in the States that should be added to the \n historical park or sites in the rest of the United States that \n relate to the farm worker movement that should be linked to and \n interpreted at the historical park.\n (3) Consultation.--The general management plan shall be \n prepared in consultation with--\n (A) owners of properties that are included within \n the boundaries of the historical park; and\n (B) appropriate Federal, State, public and private \n organizations and individuals, including--\n (i) the National Chavez Center; and\n (ii) the Cesar Chavez Foundation.\n\nSEC. 5. AMERICAN FARM WORKER MOVEMENT INTERPRETIVE ROUTE.\n\n (a) Establishment of Route.--The Secretary, with the concurrence of \nthe agency having jurisdiction over the relevant roads, trails, and \nproperties, may designate a vehicular tour route known as the \n``American Farm Worker Movement Interpretive Route'' to link properties \nin the States that are historically and thematically associated with \nCesar Chavez and the farm worker movement.\n (b) Elements of Route.--Subject to the consent of the owner of the \nproperty, the Secretary may designate as an official stop on the \nroute--\n (1) all units and programs of the historical park relating \n to the life of Cesar Chavez and the history of the farm worker \n movement;\n (2) other Federal, State, local, and privately owned \n properties that the Secretary determines have a verifiable \n connection to Cesar Chavez and the farm worker movement; and\n (3) other governmental and nongovernmental facilities and \n programs of an educational, commemorative, research, or \n interpretive nature that the Secretary determines to be related \n to Cesar Chavez and the history of the farm worker movement.\n (c) Administration of Route.--The route shall be administered by \nthe Secretary.\n (d) Activities.--To facilitate the establishment of the route and \nthe dissemination of information regarding the route, the Secretary \nmay--\n (1) work with interested entities and individuals to mark, \n interpret and preserve sites associated with Cesar Chavez and \n the farm worker movement;\n (2) produce and disseminate appropriate educational \n materials regarding the route, such as handbooks, maps, \n exhibits, signs, interpretive guides, and electronic \n information;\n (3) coordinate the management, planning, and standards of \n the route in partnership with participating properties, other \n Federal agencies, and State and local governments;\n (4) create and adopt an official uniform symbol or device \n to mark the route; and\n (5) issue guidelines for the use of the symbol or device \n adopted under paragraph (4).","summary":"Cesar Chavez National Historical Park Act This bill establishes as a unit of the National Park System the Cesar Chavez National Historical Park in California and Arizona, replacing the Cesar E. Chavez National Monument and incorporating the Monument lands and interests within, and as part of, the Historical Park. The Department of the Interior may provide staff and technical assistance for the interpretation of historic sites, museums, and resources on lands not administered by Interior related to the life of Cesar Chavez and the history of the farm worker movement. Interior may designate a vehicular tour route, to be known as the American Farm Worker Movement Interpretive Route, to link properties in California and Arizona that are historically and thematically associated with Cesar Chavez and the farm worker movement.","title":"Cesar Chavez National Historical Park Act","text_len":10343,"sum_len":831} {"bill_id":"108_hr2898","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``E-911 Implementation Act of 2003''.\n\nSEC. 2. COORDINATION OF E-911 IMPLEMENTATION.\n\n Part C of title I of the National Telecommunications and \nInformation Administration Organization Act (47 U.S.C. 901 et seq.) is \namended by adding at the end the following:\n\n``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.\n\n ``(a) E-911 Implementation Coordination Office.--\n ``(1) Establishment.--The Assistant Secretary and the \n Administrator of the National Highway Traffic Safety \n Administration shall--\n ``(A) establish a joint program to facilitate \n coordination and communication between Federal, State, \n and local emergency communications systems, emergency \n personnel, public safety organizations, \n telecommunications carriers, and telecommunications \n equipment manufacturers and vendors involved in the \n implementation of E-911 services; and\n ``(B) create an E-911 Implementation Coordination \n Office to implement the provisions of this section.\n ``(2) Management plan.--The Assistant Secretary and the \n Administrator shall jointly develop a management plan for the \n program established under this section. Such plan shall include \n the organizational structure and funding profiles for the 5-\n year duration of the program. The Assistant Secretary and the \n Administrator shall, within 90 days after the date of enactment \n of this Act, submit the management plan to the Committees on \n Energy and Commerce and Appropriations of the House of \n Representatives and the Committees on Commerce, Science, and \n Transportation and Appropriations of the Senate.\n ``(3) Purpose of office.--The Office shall--\n ``(A) take actions, in concert with coordinators \n designated in accordance with subsection (b)(3)(A)(ii), \n to improve such coordination and communication;\n ``(B) develop, collect, and disseminate information \n concerning practices, procedures, and technology used \n in the implementation of E-911 services;\n ``(C) advise and assist eligible entities in the \n preparation of implementation plans required under \n subsection (b)(3)(A)(iii);\n ``(D) receive, review, and recommend the approval \n or disapproval of applications for grants under \n subsection (b); and\n ``(E) oversee the use of funds provided by such \n grants in fulfilling such implementation plans.\n ``(4) Reports.--The Assistant Secretary and the \n Administrator shall provide a joint annual report to Congress \n by the first day of October of each year on the activities of \n the Office to improve coordination and communication with \n respect to the implementation of E-911 services.\n ``(b) Phase II E-911 Implementation Grants.--\n ``(1) Matching grants.--The Assistant Secretary and the \n Administrator, after consultation with the Secretary of \n Homeland Security and the Chairman of the Federal \n Communications Commission, and acting through the Office, shall \n provide grants to eligible entities for the implementation of \n phase II E-911 services through planning, infrastructure \n improvements, telecommunications equipment purchases, and \n personnel training.\n ``(2) Matching requirement.--The Federal share of the cost \n of a project eligible for a grant under this section shall not \n exceed 50 percent. The non-Federal share of the cost shall be \n provided from non-Federal sources.\n ``(3) Coordination required.--In providing grants under \n paragraph (1), the Assistant Secretary and the Administrator \n shall require an eligible entity to certify in its application \n that--\n ``(A) in the case of an eligible entity that is a \n State government, the entity--\n ``(i) has coordinated its application with \n the public safety answering points (as such \n term is defined in section 222(h)(4) of the \n Communications Act of 1934) located within the \n jurisdiction of such entity;\n ``(ii) has designated a single officer or \n governmental body of the entity to serve as the \n coordinator of implementation of E-911 \n services, except that such designation need not \n vest such coordinator with direct legal \n authority to implement E-911 services or manage \n emergency communications operations;\n ``(iii) has established a plan for the \n coordination and implementation of E-911 \n services; and\n ``(iv) has integrated telecommunications \n services involved in the implementation and \n delivery of phase II E-911 services; or\n ``(B) in the case of an eligible entity that is not \n a State, the entity has complied with clauses (i), \n (iii), and (iv) of subparagraph (A), and the State in \n which it is located has complied with clause (ii) of \n such subparagraph.\n ``(4) Criteria.--The Assistant Secretary and the \n Administrator shall jointly issue regulations within 180 days \n of the enactment of the E-911 Implementation Act of 2003, after \n a public comment period of not less than 60 days, prescribing \n the criteria for selection for grants under this section, and \n shall update such regulations as necessary.\n ``(c) Diversion of E-911 Charges.--\n ``(1) Designated e-911 charges.--For the purposes of this \n subsection, the term `designated E-911 charges' means any \n taxes, fees, or other charges imposed by a State or other \n taxing jurisdiction that--\n ``(A) appear on telecommunications services \n customers' bills; and\n ``(B) are designated or presented as dedicated to \n deliver or improve E-911 services.\n ``(2) Certification.--Each applicant for a matching grant \n under this section shall certify to the Assistant Secretary and \n the Administrator at the time of application, and each \n applicant that receives such a grant shall certify to the \n Assistant Secretary and the Administrator annually thereafter \n during any period of time during which the funds from the grant \n are available to the applicant, that no portion of any \n designated E-911 charges imposed by a State or other taxing \n jurisdiction within which the applicant is located are being \n obligated or expended for any purpose other than the purposes \n for which such charges are designated or presented.\n ``(3) Condition of grant.--Each applicant for a grant under \n this section shall agree, as a condition of receipt of the \n grant, that if the State or other taxing jurisdiction within \n which the applicant is located, during any period of time \n during which the funds from the grant are available to the \n applicant, obligates or expends designated E-911 charges for \n any purpose other than the purposes for which such charges are \n designated or presented, all of the funds from such grant shall \n be returned to the Office.\n ``(4) Penalty for providing false information.--Any \n applicant that provides a certification under paragraph (1) \n knowing that the information provided in the certification was \n false shall--\n ``(A) not be eligible to receive the grant under \n subsection (b);\n ``(B) return any grant awarded under subsection (b) \n during the time that the certification was not valid; \n and\n ``(C) not be eligible to receive any subsequent \n grants under subsection (b).\n ``(d) Authorization; Termination.--\n ``(1) Authorization.--There are authorized to be \n appropriated to the Department of Transportation, for the \n purposes of grants under the joint program operated under this \n section with the Department of Commerce, not more than \n $100,000,000 for each of the fiscal years 2004 through 2008.\n ``(2) Termination.--The provisions of this section shall \n cease to be effective on October 1, 2008.\n ``(e) Definitions.--As used in this section:\n ``(1) Office.--The term `Office' means the E-911 \n Implementation Coordination Office.\n ``(2) Administrator.--The term `Administrator' means the \n Administrator of the National Highway Traffic Safety \n Administration.\n ``(3) Eligible entity.--\n ``(A) In general.--The term `eligible entity' means \n a State or local government or a tribal organization \n (as defined in section 4(l) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. \n 450b(l))).\n ``(B) Instrumentalities.--Such term includes public \n authorities, boards, commissions, and similar bodies \n created by one or more eligible entities described in \n subparagraph (A) to provide E-911 services.\n ``(C) Exception.--Such term does not include any \n entity that has failed to submit the most recently \n required certification under subsection (c) within 30 \n days after the date on which such certification is due.\n ``(4) E-911 services.--The term `E-911 services' means both \n phase I and phase II enhanced 911 services, as described in \n section 20.18 of the Commission's regulations (47 CFR 20.18), \n as in effect on the date of enactment of this section, or as \n subsequently revised by the Federal Communications Commission.\n ``(5) Phase ii e-911 services.--The term `phase II E-911 \n services' means only phase II enhanced 911 services, as \n described in such section 20.18 (47 CFR 20.18), as in effect on \n such date, or as subsequently revised by the Federal \n Communications Commission.''.\n\nSEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III \n SERVICE PROVIDERS.\n\n Within 90 days after the date of enactment of this Act, the Federal \nCommunications Commission shall submit a report to the Committee on \nEnergy and Commerce of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate detailing--\n (1) the number of tier III commercial mobile service \n providers that are offering phase II E-911 services;\n (2) the number of requests for waivers from compliance with \n the Commission's phase II E-911 service requirements received \n by the Commission from such tier III providers;\n (3) the number of waivers granted or denied by the \n Commission to such tier III providers;\n (4) how long each waiver request remained pending before it \n was granted or denied;\n (5) how many waiver requests are pending at the time of the \n filing of the report;\n (6) when the pending requests will be granted or denied;\n (7) actions the Commission has taken to reduce the amount \n of time a waiver request remains pending; and\n (8) the technologies that are the most effective in the \n deployment of phase II E-911 services by such tier III \n providers.\n\n Passed the House of Representatives November 4, 2003.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 services. (2) create an E-911 Implementation Coordination Office to implement such program. And (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities. Directs the Assistant Secretary and the Administrator to provide grants to eligible entities for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements. Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose. And (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned. Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008. Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers.","title":"To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes.","text_len":12638,"sum_len":1925} {"bill_id":"114_hr6253","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Collaborating for \nEconomic Reintegration of Troops Act'' or the ``CERT Act''.\n (b) Findings.--Congress finds the following:\n (1) One of the greatest challenges facing transitioning \n members of the Armed Forces and their spouses is finding \n civilian employment.\n (2) Veterans report that employment is the top challenge \n upon separation or retirement from the Armed Forces, with as \n many as 80 percent of members leaving the Armed Forces without \n civilian employment in hand and one in four reporting being \n underemployed and earning below-poverty wages.\n (3) Military training correlates to approximately 962 \n civilian professions, yet even with their military education \n and experience, veterans must duplicate their training to meet \n various State specific certification guidelines.\n (4) Veteran transition can be aided by establishing a \n commission to examine licensing and certification challenges \n confronting members of the Armed Forces upon post-service entry \n into the civilian workforce.\n (5) This commission will identify where there are gaps \n between military training and civilian credentials' training \n requirements and can identify opportunities for military \n training to be reformed to address such gaps and for transition \n to be improved by increased recognition of military training as \n equivalent through a ``Blue Star certification''.\n (6) The Blue Star certification initiative would set \n sufficient standards for entry into certain licensed \n professions. States could adopt Blue Star certifications as \n equivalent to entry into certain licensed professions. The \n Armed Forces, in their training process, would ensure members \n reach Blue Star proficiency so that upon leaving service they \n could swiftly transition to civilian employment.\n (7) Operation Certification would allow for members of the \n Armed Forces to directly and immediately apply their training \n and experience to the private sector. States that adopt the \n Blue Star credential will attract and retain talented and civic \n minded veterans. Furthermore, this would modernize military \n training within Blue Star occupational specialties to ensure \n that members are well trained and prepared to meet any \n challenge upon separation.\n\nSEC. 2. COMMISSION ON VETERAN CERTIFICATION STANDARDS.\n\n (a) Establishment.--There is established an advisory commission to \nbe known as the Commission on Veteran Certification Standards (in this \nAct referred to as the ``Commission'').\n (b) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 16 members appointed as follows:\n (A) The Majority Leader of the Senate shall appoint \n one member.\n (B) The Minority Leader of the Senate shall appoint \n one member.\n (C) The Speaker of the House of Representatives \n shall appoint one member.\n (D) The Minority Leader of the House of \n Representatives shall appoint one member.\n (E) The Chairman of the Committee on Armed Services \n of the Senate shall appoint one member.\n (F) The Ranking Member of the Committee on Armed \n Services of the Senate shall appoint one member.\n (G) The Chairman of the Committee on Armed Services \n of the House of Representatives shall appoint one \n member.\n (H) The Ranking Member of the Committee on Armed \n Services of the House of Representatives shall appoint \n one member.\n (I) The Chairman of the Committee on Veterans' \n Affairs of the Senate shall appoint one member.\n (J) The Ranking Member of the Committee on \n Veterans' Affairs of the Senate shall appoint one \n member.\n (K) The Chairman of the Committee on Veterans' \n Affairs of the House of Representatives shall appoint \n one member.\n (L) The Ranking Member of the Committee on \n Veterans' Affairs of the House of Representatives shall \n appoint one member.\n (M) The Chairman of the Committee on Health, \n Education, Labor, and Pensions of the Senate shall \n appoint one member.\n (N) The Ranking Member of the Committee on Health, \n Education, Labor, and Pensions of the Senate shall \n appoint one member.\n (O) The Chairman of the Committee on Education and \n the Workforce of the House of Representatives shall \n appoint one member.\n (P) The Ranking Member of the Committee on \n Education and the Workforce of the House of \n Representatives shall appoint one member.\n (2) Deadline for appointment.--Members shall be appointed \n to the Commission under paragraph (1) not later than 45 days \n after the date of the enactment of this Act.\n (c) Chair and Vice Chair.--The Commission shall elect a Chair and \nVice Chair from among its members.\n (d) Terms.--Members shall be appointed for the life of the \nCommission. A vacancy in the Commission shall not affect its powers, \nand shall be filled in the same manner as the original appointment was \nmade.\n (e) Compensation for Members of the Commission.--Members of the \nCommission will not receive wages or compensation on account of their \nservices on the Commission, but will be allowed travel expenses, \nincluding per diem in lieu of subsistence, at rates authorized for \nemployees under subchapter I of chapter 57 of title 5, United States \nCode, while away from their homes or regular places of business in the \nperformance of services for the Commission.\n (f) Use of Government Information.--The Commission may secure \ndirectly from any department or agency of the Federal Government such \ninformation as the Commission considers necessary to carry out its \nduties. Upon such request of the Chair of the Commission, the head of \nsuch department or agency shall furnish such information to the \nCommission.\n (g) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as departments \nand agencies of the United States.\n (h) Personal Services.--\n (1) Authority to procure.--The Commission may--\n (A) procure the services of experts or consultants \n (or of organizations of experts or consultants) in \n accordance with the provisions of section 3109 of title \n 5, United States Code; and\n (B) pay in connection with such services travel \n expenses of individuals, including transportation and \n per diem in lieu of subsistence, while such individuals \n are traveling from their homes or places of business to \n duty stations.\n (2) Maximum daily pay rates.--The daily rate paid an expert \n or consultant procured pursuant to paragraph (1) may not exceed \n the daily rate paid a person occupying a position at level IV \n of the Executive Schedule under section 5315 of title 5, United \n States Code.\n\nSEC. 3. COMMISSION HEARINGS AND MEETINGS.\n\n (a) In General.--The Commission shall conduct hearings on the \nrecommendations it is taking under consideration. Any such hearing, \nexcept a hearing in which classified information is to be considered, \nshall be open to the public. Any hearing open to the public shall be \nannounced on a Federal website at least 14 days in advance. For all \nhearings open to the public, the Commission shall release an agenda and \na listing of materials relevant to the topics to be discussed. The \nCommission is authorized and encouraged to hold hearings and meetings \nin various locations throughout the country to provide maximum \nopportunity for public comment and participation in the Commission's \nexecution of its duties.\n (b) Meetings.--\n (1) Initial meeting.--The Commission shall hold its initial \n meeting not later than 60 days after the date as of which all \n members have been appointed.\n (2) Subsequent meetings.--After its initial meeting, the \n Commission shall meet upon the call of the Chair or a majority \n of its members.\n (3) Public meetings.--Each meeting of the Commission shall \n be held in public unless any member objects or classified \n information is to be considered.\n (c) Quorum.--Nine members of the Commission shall constitute a \nquorum, but a lesser number may hold hearings or meetings.\n (d) Public Comments.--The Commission shall seek written comments \nfrom the general public and interested parties on matters of the \nCommission's review under this Act. Comments shall be requested through \na solicitation in the Federal Register and announcement on the Internet \nwebsite of the Commission.\n (e) Space for Use of Commission.--Not later than 90 days after the \ndate of the enactment of this Act, the Administrator of General \nServices, in consultation with the Secretary, shall identify and make \navailable suitable excess space within the Federal space inventory to \nhouse the operations of the Commission. If the Administrator is not \nable to make such suitable excess space available within such 90-day \nperiod, the Commission may lease space to the extent the funds are \navailable.\n (f) Contracting Authority.--The Commission may acquire \nadministrative supplies and equipment for Commission use to the extent \nfunds are available.\n\nSEC. 4. COMMISSION DUTIES AND RECOMMENDATIONS.\n\n (a) Duties.--The Commission shall perform the following duties:\n (1) Examine the unique challenges that confront members of \n the Armed Forces and their spouses upon post-service entry into \n the civilian workforce.\n (2) Determine best practices and evaluate efforts that have \n been undertaken by the States and the executive branch, \n including the program required by section 2015 of title 10, \n United States Code, to assist members of the Armed Forces in \n obtaining professional credentials, to facilitate the transfer \n of skills and certifications from the military to civilian \n settings.\n (3) Identify industries and jobs that can most benefit from \n military experience and training and identify military \n specialties that can readily transfer to high-demand jobs.\n (4) Develop recommended Blue Star credentialing standards \n for select professions in order to simplify and streamline \n training and transition efforts for members of the Armed Forces \n and their spouses upon post-service entry into the civilian \n workforce.\n (5) Design an evaluation criteria that the Secretary of \n Defense and the Secretary of Veterans Affairs can use to \n evaluate the extent to which States and territories adopt and \n utilize the Blue Star credentialing standards.\n (b) Development of Commission Recommendations.--The Commission \nshall develop recommendations on the matters subject to its review \nunder subsection (a).\n (c) Commission Report and Recommendations.--\n (1) Report.--Not later than one year after the date on \n which the Commission is established, the Commission shall \n transmit to the President and Congress a report containing the \n findings and conclusions of the Commission, together with the \n recommendations of the Commission regarding the matters \n described in subsection (a). The Commission shall include in \n the report legislative language and recommendations for \n administrative action to implement the recommendations of the \n Commission.\n (2) Requirement for approval.--The recommendations of the \n Commission must be approved by a majority of the members of the \n Commission before the recommendations may be transmitted to the \n President and Congress under paragraph (1).\n (3) Public availability.--The Commission shall publish a \n copy of the report required by paragraph (1) on an Internet \n website available to the public on the same date on which it \n transmits that report to the President and Congress under that \n paragraph.\n\nSEC. 5. EXECUTIVE DIRECTOR AND STAFF.\n\n (a) Executive Director.--The Commission shall appoint and fix the \nrate of basic pay for an Executive Director in accordance with section \n3161 of title 5, United States Code.\n (b) Staff.--The Executive Director, with the approval of the \nCommission, may appoint and fix the rate of basic pay for additional \npersonnel as staff of the Commission in accordance with section 3161 of \ntitle 5, United States Code.\n\nSEC. 6. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 90 days after the date of the \nsubmission of the report under section 4.","summary":"Collaborating for Economic Reintegration of Troops Act or the CERT Act This bill establishes the Commission on Veteran Certification Standards which shall: examine the challenges confronting members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. Determine best state practices and evaluate efforts to assist members of the Armed Forces in obtaining professional credentials to facilitate the transfer of military skills and certifications to civilian settings. Identify industries and jobs that can most benefit from military experience. Develop recommended Blue Star credentialing standards and design evaluation criteria that the Department of Defense and the Department of Veterans Affairs can use to evaluate state and territory utilization of such standards, and develop related administrative recommendations.","title":"CERT Act","text_len":13677,"sum_len":859} {"bill_id":"103_s2275","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trucking Industry Regulatory Reform \nAct of 1994''.\n\nSEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of title 49, United States \nCode.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to enhance competition, safety, and \nefficiency in the motor carrier industry and to enhance efficiency in \ngovernment.\n\nSEC. 4. TRANSPORTATION POLICY.\n\n Section 10101(a)(2) (relating to transportation policy) is \namended--\n (1) by redesignating subparagraphs (A) through (I) as \n subparagraphs (C) through (K), respectively, and\n (2) by inserting before subparagraph (C) (as so \n redesignated) the following: ``(A) encourage fair competition, \n and reasonable rates for transportation by motor carriers of \n property; (B) promote Federal regulatory efficiency in the \n motor carrier transportation system and to require fair and \n expeditious regulatory decisions when regulation is \n required;''.\n\nSEC. 5. EXEMPTIONS.\n\n (a) In General.--Section 10505 (relating to authority to exempt \nrail carrier transportation) is amended--\n (1) by inserting ``, or a motor carrier providing \n transportation of property other than household goods,'' after \n ``rail carrier providing transportation'' in subsection (a),\n (2) by inserting ``section 10101 or'' before ``section \n 10101a'' in subsection (a)(1) and subsection (d), and\n (3) by inserting ``, or a motor carrier providing \n transportation of property other than household goods,'' after \n ``rail carrier'' in subsection (f).\n (b) Clerical Amendments.--\n (1) The caption of section 10505 is amended by inserting \n ``and motor carrier'' after ``rail carrier''.\n (2) The chapter analysis for chapter 105 is amended by \n inserting ``and motor carrier'' after ``rail carrier'' in the \n item relating to section 10505.\n\nSEC. 6. TARIFF FILING.\n\n (a) Authority to Establish Rates.--Section 10702(b) (relating to \nauthority for carriers to establish rates, classifications, rules, and \npractices) is amended by inserting ``, except a motor contract carrier \nof property other than household goods,'' after ``A contract carrier''.\n (b) Prohibition of Transportation Without Tariff.--Section 10761(a) \n(relating to transportation prohibited without tariff) is amended--\n (1) by inserting ``(except a motor common carrier providing \n transportation of property other than household goods)'' after \n ``chapter 105 of this title'', and\n (2) by striking out ``That carrier'' in the second sentence \n and inserting ``A carrier subject to this subsection''.\n (c) General Tariff Requirement.--Section 10762(a)(1) (relating to \ngeneral tariff requirement) is amended--\n (1) by inserting ``(except a motor common carrier providing \n transportation of property other than household goods)'' after \n ``A motor common carrier'' in the second sentence,\n (2) by inserting ``(except a motor common carrier providing \n transportation of property other than household goods) after \n ``carriers'' in the third sentence, and\n (3) by striking the last sentence and inserting the \n following: ``A motor contract carrier of property is not \n required to publish or file actual or minimum rates under this \n subtitle.''.\n (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate \nchanges) is amended by inserting ``(except a motor common carrier of \nproperty)'' after ``contract carrier''.\n (e) Effect on Negotiated Rates Act.--Section 10762 (relating to \ngeneral tariff requirements) is amended by adding at the end thereof \nthe following new subsection:\n ``(g) Nothing in this section shall affect the application of the \nprovisions of the Negotiated Rates Act of 1993 (or the amendments made \nby that Act) to undercharge claims for transportation provided prior to \nthe date of enactment of the `Trucking Industry Regulatory Reform Act \nof 1994'.''.\n\nSEC. 7. MOTOR COMMON CARRIER LICENSING.\n\n (a) In General.--Section 10922 (relating to certification of motor \nand water carriers) is amended--\n (1) by redesignating subsections (b) through (l) as (c) \n through (m), respectively, and by inserting after subsection \n (a) the following new subsection:\n ``(b)(1) Except as provided in this section, the Commission shall \nissue a certificate to a person authorizing that person to provide \ntransportation subject to the jurisdiction of the Commission under \nsubchapter II of chapter 105 of this title as a motor common carrier of \nproperty if the Commission finds that the person is able to comply \nwith--\n ``(A) this subtitle, the regulations of the Commission, and \n any safety requirements imposed by the Commission,\n ``(B) the safety fitness requirements established by the \n Secretary of Transportation in consultation with the Commission \n pursuant to section 215 of the Motor Carrier Safety Act of 1984 \n (49 U.S.C. App. 2512), and\n ``(C) the minimum financial responsibility requirements \n established by the Commission pursuant to section 10927 of this \n title.\n ``(2) In making a finding under paragraph (1), the Commission shall \nconsider and, to the extent applicable, make findings on, any evidence \ndemonstrating that the applicant is unable to comply with the \nrequirements of subparagraph (A), (B), or (C) of that paragraph.\n ``(3) The Commission, pursuant to section 215 of the Motor Carrier \nSafety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for \nauthority to operate as a motor carrier under this section to be unfit \nif the applicant does not meet the safety fitness requirements under \nparagraph (1)(B) of this subsection and shall deny the application.\n ``(4) A person may protest an application under this subsection to \nprovide transportation only on the ground that the applicant fails or \nwill fail to comply with this subtitle, the regulations of the \nCommission, the safety requirements of the Commission, or the safety \nfitness or minimum financial responsibility requirements of paragraph \n(1) of this subsection.''.\n (b) Public Convenience and Necessity.--Section 10922(c) (relating \nto public convenience and necessity) as redesignated by subsection (a), \nis amended--\n (1) by striking ``carrier of property'' in paragraph (1) \n and inserting ``carrier of household goods'',\n (2) by striking paragraphs (4) and (6) and redesignating \n paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), \n respectively,\n (3) by striking ``carrier holding authority under paragraph \n (4)(D) of this subsection'' in paragraph (4) (as redesignated) \n and inserting ``motor carrier providing transportation of \n shipments weighing 100 pounds or less transported in a motor \n vehicle in which no one package exceeds 100 pounds'',\n (4) by inserting ``of household goods'' after ``No motor \n common carrier'' in paragraph (5) (as redesignated),\n (5) by inserting ``of household goods'' after ``No motor \n common carrier'' in paragraph (6) (as redesignated), and\n (6) by striking ``Notwithstanding the provisions of \n paragraph (4) of this subsection, the provisions'' in paragraph \n (7) (as redesignated) and inserting ``The provisions''.\n (c) Certificate Specifications.--Section 10922(f)(1) (relating to \nspecifications for certificate), as redesignated by subsection (a) of \nthis section, is amended by inserting ``of household goods or \npassengers'' after ``motor common carrier''.\n (d) Public Convenience and Necessity.--Section 10922(h)(1) \n(relating to public convenience and necessity), as redesignated by \nsubsection (a) of this section, is amended by inserting ``of household \ngoods or passengers'' after ``motor common carrier''.\n\nSEC. 8. MOTOR CONTRACT CARRIER LICENSING.\n\n (a) Authority to Issue Permits.--Section 10923(a) (relating to \nauthority to issue permits) is amended by inserting ``of household \ngoods or passengers'' after ``motor common carrier''.\n (b) Household Goods Permits.--Section 10923 (relating to permits of \nmotor and water contract carriers and household goods freight \nforwarders) is amended by redesignating subsections (b) through (e) as \n(c) through (f), respectively, and by inserting after subsection (a) \nthe following new subsection:\n ``(b)(1) Except as provided in this section and section 10930 of \nthis title, the Commission shall issue a permit to a person authorizing \nthe person to provide transportation subject to the jurisdiction of the \nCommission under subchapter II of chapter 105 of this title as a motor \ncontract carrier of property other than household goods if the \nCommission finds that the person is able to comply with--\n ``(A) this subtitle, the regulations of the Commission, and \n any safety requirements imposed by the Commission,\n ``(B) the safety fitness requirements established by the \n Secretary of Transportation in consultation with the Commission \n pursuant to section 215 of the Motor Carrier Safety Act of 1984 \n (49 U.S.C. App. 2512), and\n ``(C) the minimum financial responsibility requirements \n established by the Commission pursuant to section 10927 of this \n title.\n ``(2) In deciding whether to approve the application of a person \nfor a permit as a motor contract carrier of property other than \nhousehold goods the Commission shall consider any evidence \ndemonstrating that the applicant is unable to comply with this \nsubtitle, the regulations of the Commission, safety requirements of the \nCommission, or the safety fitness and minimum financial responsibility \nrequirements of subsection (b)(1).\n ``(3) The Commission, pursuant to section 215 of the Motor Carrier \nSafety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for \nauthority to operate as a motor carrier of property other than \nhousehold goods under this subsection to be unfit if the applicant does \nnot meet the safety fitness requirements of paragraph (1)(B) of this \nsubsection and shall deny the application.\n ``(4) A person may protest an application under this subsection to \nprovide transportation only on the ground that the applicant fails or \nwill fail to comply with this subtitle, the regulations of the \nCommission, safety requirements of the Commission, or the safety \nfitness or minimum financial responsibility requirements of paragraph \n(1).''.\n (c) Application Filing Requirements.--Section 10923(c) (relating to \napplication filing requirements), as redesignated by subsection (b) of \nthis section, is amended--\n (1) by striking ``motor contract carrier of property'' in \n paragraphs (3) and (4) and inserting ``motor contract carrier \n of household goods'',\n (2) by striking paragraph (5) and redesignating paragraphs \n (6) and (7) as (5) and (6), respectively, and\n (3) by striking ``motor carriers of property'' in paragraph \n (5) (as redesignated) and inserting ``motor carriers of \n household goods''.\n (d) Conditions of Transportation or Service.--Section 10923(e) \n(relating to conditions of transportation or service), as redesignated \nby subsection (b) of this section, is amended--\n (1) by inserting ``of passengers or household goods'' after \n ``contract carrier'' in paragraph (1), and\n (2) by striking ``each person or class of persons (and, in \n the case of a motor contract carrier of passengers, the number \n of persons)'' in paragraph (2) and inserting ``in the case of a \n motor contract carrier of passengers, the number of persons,''.\n\nSEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY.\n\n Section 10925(d)(1) (relating to effective periods of certificates, \npermits, and licenses) is amended--\n (1) by striking ``if a motor carrier or broker'' in \n subparagraph (A) and inserting ``if a motor carrier of \n passengers, motor common carrier of household goods, or \n broker'',\n (2) by striking ``and'' at the end of subparagraph (A),\n (3) by redesignating subparagraph (B) as (D) and inserting \n after subparagraph (A) the following new subparagraphs:\n ``(B) if a motor contract carrier of property, for \n failure to comply with section 10701, 10924(e), or \n 10927 (b) or (d) of this subtitle;\n ``(C) if a motor contract carrier of property other \n than household goods, for failure to comply with \n section 10701, 10702, 10924(e), or 10927 (b) or (d) of \n this subtitle; and''.\n\nSEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE \n COMMERCE COMMISSION.\n\n The Secretary of Transportation shall study the feasibility of a \nmerger of the operations and responsibilities of the Federal Maritime \nCommission and the Interstate Commerce Commission with respect to the \ncost savings that might be achieved by such a merger, the efficient \nallocation of resources, the elimination of unnecessary functions, and \nresponsibility for regulatory functions. The Secretary shall report his \nfindings to the Congress within 6 months after the date of enactment of \nthis Act.\n\nSEC. 11. STUDY OF ADDITIONAL REFORMS.\n\n The Interstate Commerce Commission, in consultation with the \nSecretary of Transportation, shall prepare and submit to the Congress \nwith six months after the date of enactment of this Act a report \nidentifying and analyzing all regulatory responsibilities of the \nCommission. The Commission shall make recommendations to the Congress \non the basis of the study concerning specific statutory functions of \nthe Commission that could be changed to enhance competition, safety, \nand efficiency in the motor carrier industry and to enhance efficiency \nin government.","summary":"Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of US transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) encourage fair competition and reasonable rates for transportation by motor carriers of property. (2) promote Federal regulatory efficiency in the motor carrier transportation system. And (3) require fair and expeditious regulatory decisions when regulation is required. Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement. Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices. Exempts motor common carriers of non-household goods from requirements that carriers: (1) provide transportation or service only if the rate is contained in a tariff. And (2) publish and file with the ICC tariffs containing such rates. Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements. Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods. Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met. Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions. Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government.","title":"Trucking Industry Regulatory Reform Act of 1994","text_len":14553,"sum_len":2574} {"bill_id":"112_hr660","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Jumpstarting Our Business Sector Act \nof 2011''.\n\nSEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES.\n\n (a) In General.--Subsection (b) of section 11 of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(b) Amount of Tax.--The amount of the tax imposed by subsection \n(a) shall be 0 percent of taxable income.''.\n (b) Conforming Amendments.--\n (1) Section 55(b)(1)(B)(i) of such Code is amended by \n striking ``20 percent'' and inserting ``0 percent''.\n (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended \n by striking ``maximum rate of tax under section 11(b)(1)'' and \n inserting ``rate of tax under section 11(b)''.\n (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), \n 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and \n 7874(e)(1)(B) of such Code are each amended by striking \n ``highest rate of tax specified in section 11(b)(1)'' and \n inserting ``rate of tax specified in section 11(b)''.\n (4) Section 904(b)(3)(D)(ii) of such Code is amended by \n striking ``(determined without regard to the last sentence of \n section 11(b)(1))''.\n (5) Section 962 of such Code is amended by striking \n subsection (c) and by redesignating subsection (d) as \n subsection (c).\n (6) Section 1201(a) of such Code is amended--\n (A) by striking ``35 percent (determined without \n regard to the last 2 sentences of section 11(b)(1))'' \n and inserting ``0 percent'', and\n (B) by striking ``35 percent'' in paragraph (2) and \n inserting ``0 percent''.\n (7) Section 1561(a) of such Code is amended--\n (A) by striking paragraph (1) and by redesignating \n paragraphs (2), (3), and (4) as paragraphs (1), (2), \n and (3), respectively,\n (B) by striking ``The amounts specified in \n paragraph (1), the'' and inserting ``The'',\n (C) by striking ``paragraph (2)'' and inserting \n ``paragraph (1)'',\n (D) by striking ``paragraph (3)'' both places it \n appears and inserting ``paragraph (2)'',\n (E) by striking ``paragraph (4)'' and inserting \n ``paragraph (3)'', and\n (F) by striking the fourth sentence.\n (8) Subsection (b) of section 1561 of such Code is amended \n to read as follows:\n ``(b) Certain Short Taxable Years.--If a corporation has a short \ntaxable year which does not include a December 31 and is a component \nmember of a controlled group of corporations with respect to such \ntaxable year, then for purposes of this subtitle, the amount to be used \nin computing the accumulated earnings credit under section 535(c) (2) \nand (3) of such corporation for such taxable year shall be the amount \nspecified in subsection (a)(1) divided by the number of corporations \nwhich are component members of such group on the last day of such \ntaxable year. For purposes of the preceding sentence, section 1563(b) \nshall be applied as if such last day were substituted for December \n31.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\nSEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND \n CORPORATIONS.\n\n (a) Zero Percent Capital Gains Rate for Individuals.--\n (1) In general.--Paragraph (1) of section 1(h) of the \n Internal Revenue Code of 1986 is amended by striking \n subparagraph (C), by redesignating subparagraphs (D) and (E) \n and subparagraphs (C) and (D), respectively, and by amending \n subparagraph (B) to read as follows:\n ``(B) 0 percent of the adjusted net capital gain \n (or, if less, taxable income);''.\n (2) Alternative minimum tax.--Paragraph (3) of section \n 55(b) is amended by striking subparagraph (C), by redesignating \n subparagraph (D) as subparagraph (C), and by amending \n subparagraph (B) to read as follows:\n ``(B) 0 percent of the adjusted net capital gain \n (or, if less, taxable excess), plus''.\n (3) Repeal of sunset of reduction in capital gains rates \n for individuals.--Section 303 of the Jobs and Growth Tax Relief \n Reconciliation Act of 2003 shall not apply to section 301 of \n such Act.\n (b) Zero Percent Capital Gains Rate for Corporations.--\n (1) In general.--Section 1201 of the Internal Revenue Code \n of 1986 is amended by redesignating subsection (b) as \n subsection (c), and by striking subsection (a) and inserting \n the following new subsections:\n ``(a) General Rule.--If for any taxable year a corporation has a \nnet capital gain, then, in lieu of the tax imposed by sections 11, 511, \n821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax \nis less than the tax imposed by such sections) which shall consist of \nthe sum of--\n ``(1) a tax computed on the taxable income reduced by the \n amount of the net capital gain, at the rates and in the manner \n as if this subsection had not been enacted,\n ``(2) 0 percent of the adjusted net capital gain (or, if \n less, taxable income),\n ``(3) 25 percent of the excess (if any) of--\n ``(A) the unrecaptured section 1250 gain (or, if \n less, the net capital gain (determined without regard \n to subsection (b)(2)), over\n ``(B) the excess (if any) of--\n ``(i) the sum of the amount on which tax is \n determined under paragraph (1) plus the net \n capital gain, over\n ``(ii) taxable income, plus\n ``(4) 28 percent of the amount of taxable income in excess \n of the sum of the amounts on which tax is determined under the \n preceding paragraphs of this subsection.\n ``(b) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) In general.--The terms `adjusted net capital gain' \n and `unrecaptured section 1250 gain' shall have the respective \n meanings given such terms in section 1(h).\n ``(2) Dividends taxed at net capital gain.--Except as \n otherwise provided in this section, the term `net capital gain' \n has the meaning given such term in section 1(h)(11).''.\n (2) Alternative minimum tax.--Section 55(b) of such Code is \n amended by adding at the end the following new paragraph:\n ``(4) Maximum rate of tax on net capital gain of \n corporations.--The amount determined under paragraph (1)(B)(i) \n shall not exceed the sum of--\n ``(A) the amount determined under such paragraph \n computed at the rates and in the same manner as if this \n paragraph had not been enacted on the taxable excess \n reduced by the net capital gain, plus\n ``(B) the amount determined under section 1201.''.\n (3) Technical amendments.--\n (A) Section 1445(e)(1) of such Code is amended by \n striking ``35 percent (or, to the extent provided in \n regulations, 15 percent)'' and inserting ``0 percent''.\n (B) Section 1445(e)(2) of such Code is amended by \n striking ``35 percent'' and inserting ``0 percent''.\n (C) Section 7518(g)(6)(A) of such Code is amended \n by striking ``15 percent (34 percent in the case of a \n corporation)'' and inserting ``0 percent''.\n (D) Section 607(h)(6)(A) of the Merchant Marine \n Act, 1936 is amended by striking ``15 percent (34 \n percent in the case of a corporation)'' and inserting \n ``0 percent''.\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n ending after the date of the enactment of this Act.\n (2) Withholding.--The amendments made by subparagraphs (A) \n and (B) of subsection (b)(3) shall apply to dispositions and \n distributions after the date of the enactment of this Act.\n\nSEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT \n EXPENSING FOR CERTAIN BUSINESS ASSETS.\n\n (a) In General.--\n (1) Bonus depreciation.--Paragraph (2) of section 168(k) of \n the Internal Revenue Code of 1986 is amended--\n (A) by striking ``January 1, 2014'' in subparagraph \n (A)(iv) and inserting ``January 1, 2015'', and\n (B) by striking ``January 1, 2013'' each place it \n appears and inserting ``January 1, 2014''.\n (2) 100 percent expensing.--Paragraph (5) of section 168(k) \n is amended to read as follows:\n ``(5) Temporary 100 percent bonus depreciation.--Paragraph \n (1)(A) shall be applied by substituting `100 percent' for `50 \n percent' in the case of property placed in service by the \n taxpayer after September 8, 2010, which would be qualified \n property if--\n ``(A) `January 1, 2013' were substituted for \n `January 1, 2014' each place it appears in paragraph \n (2),\n ``(B) `January 1, 2014' were substituted for \n `January 1, 2015' in clause (iv) of paragraph (2)(A), \n and\n ``(C) `September 8, 2010' were substituted for \n `December 31, 2007' each place it appears in paragraph \n (2).''.\n (3) Special rules relating to election to accelerate amt \n credit in lieu of bonus depreciation.--\n (A) Subclause (II) of section 168(k)(4)(D)(iii) of \n such Code is amended by striking ``January 1, 2013'' \n and inserting ``January 1, 2014''.\n (B) Clause (iv) of section 168(k)(4)(I) of such \n Code is amended--\n (i) by inserting after ``Act of 2010'', and\n (ii) by striking ``of such Act'' and \n inserting ``or section 2(a)(3)(A) of either \n such Act, respectively''.\n (4) Conforming amendments.--\n (A) The heading for subsection (k) of section 168 \n of such Code is amended by striking ``January 1, 2013'' \n and inserting ``January 1, 2014''.\n (B) The heading for clause (ii) of section \n 168(k)(2)(B) of such Code is amended by striking ``pre-\n january 1, 2013'' and inserting ``pre-january 1, \n 2014''.\n (C) Subparagraph (C) of section 168(n)(2) of such \n Code is amended by striking ``January 1, 2013'' and \n inserting ``January 1, 2014''.\n (D) Subparagraph (D) of section 1400L(b)(2) of such \n Code is amended by striking ``January 1, 2013'' and \n inserting ``January 1, 2014''.\n (E) Subparagraph (B) of section 1400N(d)(3) of such \n Code is amended by striking ``January 1, 2013'' and \n inserting ``January 1, 2014''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2011.","summary":"Jumpstarting Our Business Sector Act of 2011 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the tax on the capital gains of individuals and corporations. And (2) extend for one year the additional depreciation allowance for business and investment assets , the 100 expensing allowance for such assets, and the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation.","title":"To amend the Internal Revenue Code of 1986 to provide individual and corporate income tax relief and to extend 100 percent bonus depreciation, and for other purposes.","text_len":11903,"sum_len":439} {"bill_id":"110_hr1961","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Global Climate Change Security \nOversight Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) According to the National Oceanic and Atmospheric \n Administration, in 2007 the average annual temperature in the \n United States and around the global is approximately 1.0 degree \n Fahrenheit warmer than at the start of the 20th century, and \n the rate of warming has accelerated during the past 30 years, \n increasing globally since the mid-1970s. The fourth assessment \n report of the Intergovernmental Panel on Climate Change has \n predicted that the Earth will warm 0.72 degrees Fahrenheit \n during the next 2 decades with current emission trends.\n (2) The annual national security strategy report submitted \n pursuant to section 108 of the National Security Act of 1947 \n (50 U.S.C. 404a) for 2006 states that the United States faces \n new security challenges, including ``environmental destruction, \n whether caused by human behavior or cataclysmic mega-disasters \n such as floods, hurricanes, earthquakes, or tsunamis. Problems \n of this scope may overwhelm the capacity of local authorities \n to respond, and may even overtax national militaries, requiring \n a larger international response. These challenges are not \n traditional national security concerns, such as the conflict of \n arms or ideologies. But if left unaddressed they can threaten \n national security.''.\n (3) According to the fourth assessment report of the \n Intergovernmental Panel on Climate Change, average temperature \n increases of between 2 and 4 degrees Celsius over preindustrial \n levels are projected to cause the sea level to rise by between \n 2 and 4 meters by 2100 due to melting of the Greenland and \n Antarctic ice sheets.\n (4) In 2007, more than 200,000,000 people live in coastal \n floodplains around the world and 2,000,000 square kilometers of \n land and an estimated $1,000,000,000,000 worth of assets are \n less than a 1-meter elevation above sea level.\n (5) An estimated 1,700,000,000 people in the world live in \n areas where water is scarce and in 25 years that population is \n projected to increase to 5,400,000,000. Climate change will \n impact the hydrological cycle and change the location, time of \n year, and intensity of water availability.\n (6) The report of the World Health Organization entitled \n ``The World Health Report 2002: Reducing Risks and Promoting \n Healthy Life'' states that ``Effects of climate change on human \n health can be expected to be mediated through complex \n interactions of physical, ecological, and social factors. These \n effects will undoubtedly have a greater impact on societies or \n individuals with scarce resources, where technologies are \n lacking, and where infrastructure and institutions (such as the \n health sector) are least able to adapt.''.\n (7) Environmental changes relating to global climate change \n represent a potentially significant threat multiplier for \n instability around the world as changing precipitation patterns \n may exacerbate competition and conflict over agricultural, \n vegetative, and water resources and displace people, thus \n increasing hunger and poverty and causing increased pressure on \n fragile countries.\n (8) The strategic, social, political, and economic \n consequences of global climate change are likely to have a \n greater adverse effect on less developed countries with fewer \n resources and infrastructures that are less able to adjust to \n new economic and social pressures, and where the margin for \n governance and survival is thin.\n (9) The consequences of global climate change represent a \n clear and present danger to the security and economy of the \n United States.\n (10) A failure to recognize, plan for, and mitigate the \n strategic, social, political, and economic effects of a \n changing climate will have an adverse impact on the national \n security interests of the United States.\n\nSEC. 3. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE.\n\n (a) Requirement for National Intelligence Estimate.--\n (1) In general.--Except as provided in paragraph (2), not \n later than 270 days after the date of enactment of this Act, \n the Director of National Intelligence shall submit to Congress \n a National Intelligence Estimate on the anticipated \n geopolitical effects of global climate change and the \n implications of such effects on the national security of the \n United States.\n (2) Notice regarding submittal.--If the Director of \n National Intelligence determines that the National Intelligence \n Estimate required by paragraph (1) cannot be submitted by the \n date set out in that paragraph, the Director shall notify \n Congress and provide--\n (A) the reasons that the National Intelligence \n Estimate cannot be submitted by such date; and\n (B) an estimated date for the submittal of the \n National Intelligence Estimate.\n (b) Content.--The Director of National Intelligence shall prepare \nthe National Intelligence Estimate required by this section using the \nmid-range projections of the fourth assessment report of the \nIntergovernmental Panel on Climate Change--\n (1) to assess the political, social, agricultural, and \n economic risks during the 30-year period beginning on the date \n of enactment of this Act posed by global climate change for \n countries or regions that are--\n (A) of strategic economic or military importance to \n the United States and at risk of significant impact due \n to global climate change; or\n (B) at significant risk of large-scale humanitarian \n suffering with cross-border implications as predicted \n on the basis of the assessments;\n (2) to assess other risks posed by global climate change, \n including increased conflict over resources or between ethnic \n groups, within countries or transnationally, increased \n displacement or forced migrations of vulnerable populations due \n to inundation or other causes, increased food insecurity, and \n increased risks to human health from infectious disease;\n (3) to assess the capabilities of the countries or regions \n described in subparagraph (A) or (B) of paragraph (1) to \n respond to adverse impacts caused by global climate change;\n (4) to assess the strategic challenges and opportunities \n posed to the United States by the risks described in paragraph \n (1);\n (5) to assess the security implications and opportunities \n for the United States economy of engaging, or failing to engage \n successfully, with other leading and emerging major \n contributors of greenhouse gas emissions in efforts to reduce \n emissions and adopt mitigation and adaptation strategies, \n including transitioning from reliance upon finite fossil fuels \n such as imported petroleum and natural gas to clean domestic \n renewable energy sources; and\n (6) to make recommendations for further assessments of \n security consequences of global climate change that would \n improve national security planning.\n (c) Coordination.--In preparing the National Intelligence Estimate \nunder this section, the Director of National Intelligence shall consult \nwith representatives of the scientific community, including atmospheric \nand climate studies, security studies, conflict studies, economic \nassessments, and environmental security studies, the Secretaries of \nDefense, State, Treasury, Commerce, Energy, Agriculture, and \nTransportation, the Federal Reserve Board, and the United States Trade \nRepresentative, the Administrator of the National Oceanographic and \nAtmospheric Administration, the Administrator of the National \nAeronautics and Space Administration, the Administrator of the \nEnvironmental Protection Agency, and, if appropriate, multilateral \ninstitutions and allies of the United States that have conducted \nsignificant research on global climate change.\n (d) Form.--The National Intelligence Estimate required by this \nsection shall be submitted in unclassified form, to the extent \nconsistent with the protection of intelligence sources and methods, and \ninclude unclassified key judgments of the National Intelligence \nEstimate. Such National Intelligence Estimate may include a classified \nannex.\n\nSEC. 4. RESPONSE TO THE NATIONAL INTELLIGENCE ESTIMATE.\n\n (a) Report by the Secretary of Defense.--Not later than 270 days \nafter the date that the National Intelligence Estimate required by \nsection 3 is submitted to Congress, the Secretary of Defense shall \nsubmit to the the Committee on Appropriations, the Committee on Armed \nServices, and the Permanent Select Committee on Intelligence of the \nUnited States House of Representatives and Committee on Appropriations, \nthe Committee on Armed Services, and the Select Committee on \nIntelligence of the United States Senate a report on--\n (1) the projected impact on the military installations and \n capabilities of the United States of the effects of global \n climate change as assessed in the National Intelligence \n Estimate;\n (2) the projected impact on United States military \n operations of the effects of global climate change described in \n the National Intelligence Estimate; and\n (3) recommended research and analysis needed to further \n assess the impacts on the military of global climate change.\n (b) Sense of Congress on the Next Quadrennial Defense Review.--It \nis the sense of Congress that the Secretary of Defense should address \nthe findings of the National Intelligence Estimate required by section \n3 regarding the impact of global climate change and potential \nimplications of such impact on the Armed Forces and for the size, \ncomposition, and capabilities of Armed Forces in the next Quadrennial \nDefense Review.\n (c) Report by the Secretary of State.--Not later than 270 days \nafter the date that the National Intelligence Estimate required by \nsection 3 is submitted to Congress, the Secretary of State shall submit \nto the Committee on Appropriations, the Committee on Foreign Affairs, \nand the Permanent Select Committee on Intelligence of the United States \nHouse of Representatives and the Committee on Appropriations, the \nCommittee on Foreign Relations, and the Select Committee on \nIntelligence of the United States Senate a report that addresses--\n (1) the potential for large migration flows in countries of \n strategic interest or humanitarian concern as a response to \n changes in climate and the implications for United States \n security interests; and\n (2) the potential for diplomatic opportunities and \n challenges facing United States policy makers as a result of \n social, economic, or political responses of groups or nations \n to global changing climate.\n\nSEC. 5. AUTHORIZATION OF RESEARCH.\n\n (a) In General.--The Secretary of Defense is authorized to carry \nout research on the impacts of global climate change on military \noperations, doctrine, organization, training, material, logistics, \npersonnel, and facilities and the actions needed to address those \nimpacts. Such research may include--\n (1) the use of war gaming and other analytical exercises;\n (2) analysis of the implications for United States defense \n capabilities of large-scale Arctic sea-ice melt and broader \n changes in Arctic climate;\n (3) analysis of the implications for United States defense \n capabilities of abrupt climate change;\n (4) analysis of the implications of the findings derived \n from the National Intelligence Estimate required in section 3 \n Act for United States defense capabilities;\n (5) analysis of the strategic implications for United \n States defense capabilities of direct physical threats to the \n United States posed by extreme weather events such as \n hurricanes; and\n (6) analysis of the existing policies of the Department of \n Defense to assess the adequacy of the Department's protections \n against climate risks to United States capabilities and \n military interests in foreign countries.\n (b) Report.--Not later than 2 years after the date that the \nNational Intelligence Estimate required by section 3 is submitted to \nCongress, the Secretary of Defense shall submit to Congress a report on \nthe results of the research, war games, and other activities carried \nout pursuant to subsection (a).\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Global Climate Change Security Oversight Act - Requires the Director of National Intelligence to submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on US national security. Requires the Director to prepare the estimate using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change to make assessments and recommendation concerning the risks posed by global warming and the security implications, opportunities, and consequences of global warming. Requires the Secretary of Defense to report to Congress on the projected impact on the military installations, capabilities, and operations of the effects of global climate change as assessed in the estimate and to recommend research and analysis needed to further assess the impacts on the military of global climate change as assessed in the estimate. Expresses the sense of Congress that the Secretary should address the findings of the estimate regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. Requires the Secretary of State to report to Congress on the potential for: (1) large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for US security interests. And (2) diplomatic opportunities and challenges facing US policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. Authorizes the Secretary of Defense to research the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities, and the actions needed to address those impacts.","title":"To address security risks posed by global climate change, and for other purposes.","text_len":13576,"sum_len":1923} {"bill_id":"109_s1098","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Loan Abuse Prevention Act of \n2005''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to stop ensuring that lenders in the \nFederal Family Education Loan Program continue to receive extraordinary \nand unnecessary taxpayer subsidies, to make public college tuition free \nfor future mathematics, science, and special education teachers, and to \nprovide additional assistance to students eligible to receive a Federal \nPell Grant under subpart 1 of part A of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1070a et seq.).\n\nSEC. 3. ENDING THE 9.5 PERCENT GUARANTEED RATE OF RETURN ON FEDERAL \n FAMILY EDUCATION LOANS.\n\n (a) Technical Correction.--Section 2 of the Taxpayer-Teacher \nProtection Act of 2004 (Public Law 108-409; 118 Stat. 2299) is amended \nin the matter preceding paragraph (1) by inserting ``of the Higher \nEducation Act of 1965'' after ``Section 438(b)(2)(B)''.\n (b) Prospective Special Allowances.--\n (1) In general.--Section 438(b)(2)(B) of the Higher \n Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), as amended \n by the Taxpayer-Teacher Protection Act of 2004, is amended--\n (A) in clause (iv), by striking ``1993, or refunded \n after September 30, 2004, and before January 1, 2006, \n the'' and inserting ``1993, or refunded on or after the \n date of enactment of the Taxpayer-Teacher Protection \n Act of 2004, the''; and\n (B) by striking clause (v) and inserting the \n following:\n ``(v) Notwithstanding clauses (i) and (ii), \n the quarterly rate of the special allowance \n shall be the rate determined under subparagraph \n (A), (E), (F), (G), (H), or (I) of this \n paragraph, or paragraph (4), as the case may \n be, for loans--\n ``(I) originated, transferred, or \n purchased on or after the date of \n enactment of the Taxpayer-Teacher \n Protection Act of 2004;\n ``(II) financed by an obligation \n that has matured, been retired, or \n defeased on or after the date of \n enactment of the Taxpayer-Teacher \n Protection Act of 2004;\n ``(III) which the special allowance \n was determined under such subparagraphs \n or paragraph, as the case may be, on or \n after the date of enactment of the \n Taxpayer-Teacher Protection Act of \n 2004;\n ``(IV) for which the maturity date \n of the obligation from which funds were \n obtained for such loans was extended on \n or after the date of enactment of the \n Taxpayer-Teacher Protection Act of \n 2004; or\n ``(V) sold or transferred to any \n other holder on or after the date of \n enactment of the Taxpayer-Teacher \n Protection Act of 2004.''.\n (2) Rule of construction.--Nothing in the amendment made by \n paragraph (1) shall be construed to abrogate a contractual \n agreement between the Federal Government and a student loan \n provider.\n (c) Prepayment of Current Loans.--\n (1) In general.--The Secretary of Education shall encourage \n a borrower to consolidate such borrower's loans under section \n 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. \n 1078-3 and 1087e(g)) if 1 or more of such loans is a loan for \n which the holder of the loan is entitled to a special allowance \n payment determined under section 438(b)(2)(B) of such Act (20 \n U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 \n percent rate of return on such loan, by offering the borrower \n an incentive, as described in paragraph (2).\n (2) Incentive.--Except as provided in paragraph (3), an \n incentive to a borrower regarding a loan for which the holder \n of the loan is entitled to a special allowance payment \n determined under section 438(b)(2)(B) of the Higher Education \n Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder \n a minimum 9.5 percent rate of return on such loan, shall take \n the form of--\n (A) an immediate $1,000 reduction in the principal \n of such loan; or\n (B) not less than a 1-percent reduction in the \n interest rate payments on such loan.\n (3) Exception.--The Secretary of Education shall not offer \n an incentive under paragraph (2) to a borrower of a loan \n described in such paragraph if offering the incentive will \n increase the long-term costs to the Federal Government of such \n loan.\n\nSEC. 4. TUITION-FREE COLLEGE FOR FUTURE MATHEMATICS, SCIENCE, AND \n SPECIAL EDUCATION TEACHERS.\n\n (a) Additional Amounts for Teachers in Mathematics, Science, and \nSpecial Education.--\n (1) FFEL loans.--Section 428J(c)(3) of the Higher Education \n Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended by striking \n ``$17,500'' and inserting ``$23,000''.\n (2) Direct loans.--Section 460(c)(3) of the Higher \n Education Act of 1965 (20 U.S.C. 1087j(c)(3)) is amended by \n striking ``$17,500'' and inserting ``$23,000''.\n (b) Effective Date.--The amendments made by this section shall \napply only with respect to eligible individuals who are new borrowers \non or after October 1, 1998.\n\nSEC. 5. INCREASED GRANT AID TO PELL GRANT RECIPIENTS.\n\n (a) In General.--Any funds available to the Secretary of Education \nas a result of reduced expenditures under section 438 of the Higher \nEducation Act of 1965 (20 U.S.C. 1087-1) secured by the enactment of \nsection 3 shall first be used by the Secretary for loan cancellation \nand loan forgiveness for teachers under sections 428J and 460 of the \nHigher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j), as amended \nby section 4.\n (b) Remaining Funds.--\n (1) In general.--Any such funds remaining after carrying \n out subsection (a) shall be used by the Secretary of Education \n to make payments to each nonprofit lender in an amount that \n bears the same relation to the remaining funds as the amount \n the nonprofit lender receives for fiscal year 2005 under \n section 438(b)(2)(B) of the Higher Education Act of 1965 (20 \n U.S.C. 1087-1(b)(2)(B)) bears to the total amount received by \n nonprofit lenders for fiscal year 2005 under such section.\n (2) Definition of nonprofit lender.--In this subsection, \n the term ``nonprofit lender'' means an eligible lender (as \n defined in section 435(d) of the Higher Education Act of 1965 \n (20 U.S.C. 1085(d)) that--\n (A) is an organization described in section \n 501(c)(3) of the Internal Revenue Code of 1986;\n (B) is a nonprofit entity as defined by applicable \n State law; and\n (C) meets the following requirements:\n (i) The nonprofit lender does not confer a \n salary or benefits to any employee of the \n nonprofit lender in an amount that is in excess \n of the salary and benefits provided to the \n Secretary of Education by the Department of \n Education.\n (ii) The nonprofit lender does not maintain \n an ongoing relationship whereby the nonprofit \n lender passes on revenue directly or indirectly \n through lease, securitization, resale, or any \n other financial instrument to a for-profit \n entity or to shareholders.\n (iii) The nonprofit lender does not offer \n benefits to a borrower in a manner directly or \n indirectly predicated on such borrower's \n participation--\n (I) in a program under part B or D \n of title IV of the Higher Education Act \n of 1965 (20 U.S.C. 1071 et seq. and \n 1087a et seq.); or\n (II) with any particular lender.\n (iv) The nonprofit lender certifies that \n the nonprofit lender uses the payment received \n pursuant to paragraph (1) to confer grant or \n scholarship benefits to students who are \n eligible to receive Federal Pell Grants under \n subpart 1 of part A of title IV of the Higher \n Education Act of 1965 (20 U.S.C. 1070a et \n seq.).\n (v) The nonprofit lender is subject to \n public oversight through either a State charter \n or through not less than 50 percent of the \n nonprofit lender's board of directors \n consisting of State-appointed representatives.\n (vi) The nonprofit lender does not engage \n in the marketing of the relative value of \n programs under part B of title IV of the Higher \n Education Act of 1965 (20 U.S.C. 1071 et seq.) \n as compared to programs under part D of title \n IV of the Higher Education Act of 1965 (20 \n U.S.C. 1087a et seq.), nor does the nonprofit \n lender engage in the marketing of loans or \n programs offered by for-profit lenders. This \n clause shall not be construed to prohibit the \n nonprofit lender from conferring basic \n information on lenders under part B of title IV \n of the Higher Education Act of 1965 (20 U.S.C. \n 1071 et seq.) and the related benefits offered \n by such nonprofit lenders.\n ","summary":"Student Loan Abuse Prevention Act of 2005 - Amends the Higher Education Act of 1965 as amended by the Taxpayer-Teacher Protection Act of 2004 (HEA) to reduce special allowance payments to holders of student loans by making permanent the ending of a 9.5 minimum guaranteed rate of return to such holders. Directs the Secretary of Education to give incentives, in the form of certain reductions in principal or interest rate, to borrowers to consolidate any current loans for which the holder is entitled to a special allowance that ensures such a 9.5 rate of return, provided such an incentive does not increase the cost of such loan to the federal government. Increases to $23,000 the maximum amount of student loan forgiveness under the Federal Family Education Loan and the Federal Direct Student Loan programs for certain eligible teachers of: (1) mathematics or science in secondary schools. And (2) special education in elementary and secondary schools. Directs the Secretary to use funds available from reduced expenditures resulting from this Act's reduction of special allowances to loan holders, as follows: (1) first, for the student loan cancellation and forgiveness programs for teachers under HEA as amended by this Act. And (2) then, the remainder for payments to nonprofit lenders meeting certain criteria and using such payments to confer grant or scholarship benefits on students eligible for Federal Pell Grants.","title":"A bill to prevent abuse of the special allowance subsidies under the Federal Family Education Loan Program.","text_len":11713,"sum_len":1430} {"bill_id":"105_hr1939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Railroad Infrastructure Financing \nImprovement Act of 1997''.\n\nSEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.\n\n (a) Amendment to Title 49, United States Code.--Part B of subtitle \nV of title 49, United States Code, is amended by inserting after \nchapter 221 the following new chapter:\n\n ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS\n\n``Sec.\n``22301. Definitions.\n``22302. Direct loans and loan guarantees.\n``22303. Administration of direct loans and loan guarantees.\n\n``SEC. 22301. DEFINITIONS.\n\n ``For purposes of this chapter:\n ``(1)(A) The term `cost' means the estimated long-term cost \n to the Government of a direct loan or loan guarantee, \n calculated on a net present value basis, excluding \n administrative costs and any incidental effects on governmental \n receipts or outlays.\n ``(B) The cost of a direct loan shall be the net present \n value, at the time when the direct loan is disbursed, of the \n following cash flows:\n ``(i) Loan disbursements.\n ``(ii) Repayments of principal.\n ``(iii) Payments of interest and other payments by \n or to the Government over the life of the loan after \n adjusting for estimated defaults, prepayments, fees, \n penalties, and other recoveries.\n ``(C) The cost of a loan guarantee shall be the net present \n value when a guaranteed loan is disbursed, of the following \n cash flows:\n ``(i) Estimated payments by the Government to cover \n defaults and delinquencies, interest subsidies, or \n other payments.\n ``(ii) Estimated payments to the Government, \n including origination and other fees, penalties, and \n recoveries.\n ``(D) Any Government action that alters the estimated net \n present value of an outstanding direct loan or loan guarantee \n (except modifications within the terms of existing contracts or \n through other existing authorities) shall be counted as a \n change in the cost of that direct loan or loan guarantee. The \n calculation of such changes shall be based on the estimated \n present value of the direct loan or loan guarantee at the time \n of modification.\n ``(E) In estimating net present values, the discount rate \n shall be the average interest rate on marketable Treasury \n securities of similar maturity to the direct loan or loan \n guarantee for which the estimate is being made.\n ``(2) The term `direct loan' means a disbursement of funds \n by the Government to a non-Federal borrower under a contract \n that requires the repayment of such funds. The term includes \n the purchase of, or participation in, a loan made by another \n lender. The term does not include the acquisition of a \n federally guaranteed loan in satisfaction of default claims.\n ``(3) The term `direct loan obligation' means a binding \n agreement by the Secretary of Transportation to make a direct \n loan when specified conditions are fulfilled by the borrower.\n ``(4) The term `loan guarantee' means any guarantee, \n insurance, or other pledge with respect to the payment of all \n or a part of the principal or interest on any debt obligation \n of a non-Federal borrower to a non-Federal lender, but does not \n include the insurance of deposits, shares, or other \n withdrawable accounts in financial institutions.\n ``(5) The term `loan guarantee commitment' means a binding \n agreement by the Secretary to make a loan guarantee when \n specified conditions are fulfilled by the borrower, the lender, \n or any other party to the guarantee agreement.\n ``(6) The term `railroad carrier' has the meaning given \n that term in section 20102.\n\n``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES.\n\n ``(a) General Authority.--The Secretary of Transportation may \nprovide direct loans and loan guarantees to State and local \ngovernments, government sponsored authorities and corporations, and \nrailroad carriers.\n ``(b) Eligible Purposes.--\n ``(1) In general.--Direct loans and loan guarantees under \n this section shall be used to--\n ``(A) acquire, improve, or rehabilitate rail \n equipment or facilities, including track, components of \n track, bridges, yards, buildings, and shops;\n ``(B) refinance outstanding debt incurred for the \n purposes described in subparagraph (A); or\n ``(C) develop or establish new railroad facilities.\n ``(2) Operating expenses not eligible.--Direct loans and \n loan guarantees under this section shall not be used for \n railroad operating expenses.\n ``(c) Priority Projects.--In granting applications for direct loans \nor guaranteed loans under this section, the Secretary shall give \npriority to projects that--\n ``(1) enhance public safety;\n ``(2) enhance the environment;\n ``(3) promote economic development;\n ``(4) enable United States companies to be more competitive \n in international markets;\n ``(5) are endorsed by the plans prepared under section 135 \n of title 23 by the State or States in which they are located; \n or\n ``(6) preserve rail service to small communities or rural \n areas.\n ``(d) Extent of Authority.--The aggregate unpaid principal amounts \nof obligations under direct loans and loan guarantees made under this \nsection shall not exceed $5,000,000,000 at any one time.\n ``(e) Rates of Interest.--\n ``(1) Direct loans.--The Secretary shall require interest \n to be paid on a direct loan made under this section at a rate \n not less than that necessary to recover the cost of making the \n loan.\n ``(2) Loan guarantees.--The Secretary shall not make a loan \n guarantee under this section if the interest rate for the loan \n exceeds that which the Secretary determines to be reasonable, \n taking into consideration the prevailing interest rates and \n customary fees incurred under similar obligations in the \n private capital market.\n ``(f) Infrastructure Partners.--\n ``(1) Authority of secretary.--In lieu of or in combination \n with appropriations of budget authority to cover the costs of \n direct loans and loan guarantees as required under section \n 504(b)(1) of the Federal Credit Reform Act of 1990, the \n Secretary may accept on behalf of an applicant for assistance \n under this section a commitment from a non-Federal source to \n fund in whole or in part credit risk premiums with respect to \n the loan that is the subject of the application. In no event \n shall the aggregate of appropriations of budget authority and \n credit risk premiums described in this paragraph with respect \n to a direct loan or loan guarantee be less than the cost of \n that direct loan or loan guarantee.\n ``(2) Credit risk premium amount.--The Secretary shall \n determine the amount required for credit risk premiums under \n this subsection on the basis of--\n ``(A) the circumstances of the applicant, including \n the amount of collateral offered;\n ``(B) the proposed schedule of loan disbursements;\n ``(C) historical data on the repayment history of \n similar borrowers;\n ``(D) consultation with the Congressional Budget \n Office; and\n ``(E) any other factors the Secretary considers \n relevant.\n ``(3) Payment of premiums.--Credit risk premiums under this \n subsection shall be paid to the Secretary before the \n disbursement of loan amounts.\n ``(4) Cohorts of loans.--In order to maintain sufficient \n balances of credit risk premiums to adequately protect the \n Federal Government from risk of default, while minimizing the \n length of time the Government retains possession of those \n balances, the Secretary shall establish cohorts of loans. When \n all obligations attached to a cohort of loans have been \n satisfied, credit risk premiums paid for the cohort, and \n interest accrued thereon, which were not used to mitigate \n losses shall be returned to the original source on a pro rata \n basis.\n ``(g) Prerequisites for Assistance.--The Secretary shall not make a \ndirect loan or loan guarantee under this section unless the Secretary \nhas made a finding in writing that--\n ``(1) repayment of the obligation is required to be made \n within a term of not more than 25 years from the date of its \n execution;\n ``(2) the direct loan or loan guarantee is justified by the \n present and probable future demand for rail services;\n ``(3) the applicant has given reasonable assurances that \n the facilities or equipment to be acquired, rehabilitated, \n improved, developed, or established with the proceeds of the \n obligation will be economically and efficiently utilized;\n ``(4) the obligation can reasonably be repaid, using an \n appropriate combination of credit risk premiums and collateral \n offered by the applicant to protect the Federal Government; and\n ``(5) the purposes of the direct loan or loan guarantee are \n consistent with subsection (b).\n ``(h) Conditions of Assistance.--The Secretary shall, before \ngranting assistance under this section, require the applicant to agree \nto such terms and conditions as are sufficient, in the judgment of the \nSecretary, to ensure that, as long as any principal or interest is due \nand payable on such obligation, the applicant, and any railroad carrier \nfor whose benefit the assistance is intended--\n ``(1) will not use any funds or assets from railroad \n operations for nonrail purposes, if such use would impair the \n ability of the applicant or railroad carrier to provide rail \n services in an efficient and economic manner, or would \n adversely affect the ability of the applicant or railroad \n carrier to perform any obligation entered into by the applicant \n under this section;\n ``(2) will, consistent with its capital resources, maintain \n its capital program, equipment, facilities, and operations on a \n continuing basis; and\n ``(3) will not make any discretionary dividend payments \n that unreasonably conflict with the purposes stated in \n subsection (b).\n\n``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.\n\n ``(a) Applications.--The Secretary of Transportation shall \nprescribe the form and contents required of applications for assistance \nunder section 22302, to enable the Secretary to determine the \neligibility of the applicant's proposal, and shall establish terms and \nconditions for direct loans and loan guarantees made under that \nsection.\n ``(b) Full Faith and Credit.--Loan guarantees made under section \n22302 shall constitute general obligations of the United States backed \nby the full faith and credit of the United States.\n ``(c) Assignment of Loan Guarantees.--The holder of a loan \nguarantee made under section 22302 may assign the loan guarantee in \nwhole or in part, subject to such requirements as the Secretary may \nprescribe.\n ``(d) Modifications.--The Secretary may approve the modification of \nany term or condition of a direct loan, loan guarantee, direct loan \nobligation, or loan guarantee commitment, including the rate of \ninterest, time of payment of interest or principal, or security \nrequirements, if the Secretary finds in writing that--\n ``(1) the modification is equitable and is in the overall \n best interests of the United States; and\n ``(2) consent has been obtained from the applicant and, in \n the case of a loan guarantee or loan guarantee commitment, the \n holder of the obligation.\n ``(e) Compliance.--The Secretary shall assure compliance, by an \napplicant, any other party to the loan, and any railroad carrier for \nwhose benefit assistance is intended, with the provisions of this Act, \nregulations issued hereunder, and the terms and conditions of the \ndirect loan or loan guarantee, including through regular periodic \ninspections.\n ``(f) Commercial Validity.--For purposes of claims by any party \nother than the Secretary, a loan guarantee or loan guarantee commitment \nshall be conclusive evidence that the underlying obligation is in \ncompliance with the provisions of this Act, and that such obligation \nhas been approved and is legal as to principal, interest, and other \nterms. Such a guarantee or commitment shall be valid and incontestable \nin the hands of a holder thereof, including the original lender or any \nother holder, as of the date when the Secretary granted the application \ntherefor, except as to fraud or material misrepresentation by such \nholder.\n ``(g) Default.--The Secretary shall prescribe regulations setting \nforth procedures in the event of default on a loan made or guaranteed \nunder section 22302. The Secretary shall ensure that each loan \nguarantee made under that section contains terms and conditions that \nprovide that--\n ``(1) if a payment of principal or interest under the loan \n is in default for more than 30 days, the Secretary shall pay to \n the holder of the obligation, or the holder's agent, the amount \nof unpaid guaranteed interest;\n ``(2) if the default has continued for more than 90 days, \n the Secretary shall pay to the holder of the obligation, or the \n holder's agent, 90 percent of the unpaid guaranteed principal;\n ``(3) after final resolution of the default, through \n liquidation or otherwise, the Secretary shall pay to the holder \n of the obligation, or the holder's agent, any remaining amounts \n guaranteed but which were not recovered through the default's \n resolution;\n ``(4) the Secretary shall not be required to make any \n payment under paragraphs (1) through (3) if the Secretary \n finds, before the expiration of the periods described in such \n paragraphs, that the default has been remedied; and\n ``(5) the holder of the obligation shall not receive \n payment or be entitled to retain payment in a total amount \n which, together with all other recoveries (including any \n recovery based upon a security interest in equipment or \n facilities) exceeds the actual loss of such holder.\n ``(h) Rights of the Secretary.--\n ``(1) Subrogation.--If the Secretary makes payment to a \n holder, or a holder's agent, under subsection (g) in connection \n with a loan guarantee made under section 22302, the Secretary \n shall be subrogated to all of the rights of the holder with \n respect to the obligor under the loan.\n ``(2) Disposition of property.--The Secretary may complete, \n recondition, reconstruct, renovate, repair, maintain, operate, \n charter, rent, sell, or otherwise dispose of any property or \n other interests obtained pursuant to this section. The \n Secretary shall not be subject to any Federal or State \n regulatory requirements when carrying out this paragraph.\n ``(i) Action Against Obligor.--The Secretary may bring a civil \naction in an appropriate Federal court in the name of the United States \nin the event of a default on a direct loan made under section 22302, or \nin the name of the United States or of the holder of the obligation in \nthe event of a default on a loan guaranteed under section 22302. The \nholder of a guarantee shall make available to the Secretary all records \nand evidence necessary to prosecute the civil action. The Secretary may \naccept property in full or partial satisfaction of any sums owed as a \nresult of a default. If the Secretary receives, through the sale or \nother disposition of such property, an amount greater than the \naggregate of--\n ``(1) the amount paid to the holder of a guarantee under \n subsection (g) of this section; and\n ``(2) any other cost to the United States of remedying the \n default,\nthe Secretary shall pay such excess to the obligor.\n ``(j) Breach of Conditions.--The Attorney General shall commence a \ncivil action in an appropriate Federal court to enjoin any activity \nwhich the Secretary finds is in violation of this Act, regulations \nissued hereunder, or any conditions which were duly agreed to, and to \nsecure any other appropriate relief.\n ``(k) Attachment.--No attachment or execution may be issued against \nthe Secretary, or any property in the control of the Secretary, prior \nto the entry of final judgment to such effect in any State, Federal, or \nother court.\n ``(l) Investigation Charge.--The Secretary may charge and collect \nfrom each applicant a reasonable charge for appraisal of the value of \nthe equipment or facilities for which the direct loan or loan guarantee \nis sought, and for making necessary determinations and findings. Such \ncharge shall not aggregate more than one-half of 1 percent of the \nprincipal amount of the obligation.''.\n (b) Conforming Amendment.--The table of chapters of subtitle V of \ntitle 49, United States Code, is amended by inserting after the item \nrelating to chapter 221 the following:\n\n``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''.\n\nSEC. 3. TECHNICAL AND CONFORMING PROVISIONS.\n\n (a) Repeal.--Title V of the Railroad Revitalization and Regulatory \nReform Act of 1976 (45 U.S.C. 821 et seq.) is repealed.\n (b) Savings Provision.--A transaction entered into under the \nauthority of title V of the Railroad Revitalization and Regulatory \nReform Act of 1976 before the date of the enactment of this Act shall \nbe administered until completion under its terms as if subsection (a) \nof this subsection were not enacted.\n (c) Technical and Conforming Amendments.--(1) Section 211(i) of the \nRegional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is \nrepealed.\n (2) Section 306(b) of title 49, United States Code, is amended by \nstriking ``title V of the Railroad Revitalization and Regulatory Reform \nAct of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof \n``chapter 223 of this title''.","summary":"Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities. Or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans.","title":"Railroad Infrastructure Financing Improvement Act of 1997","text_len":19077,"sum_len":581} {"bill_id":"110_hr42","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Serving Everyone with Reliable, \nVital Internet, Communications, and Education Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Today's telecommunications market offers consumers an \n array of social, economic, and educational communications.\n (2) Communications today also offer Americans better access \n to emergency assistance.\n (3) It is essential to the Nation's continued progress for \n all sectors of the population to have adequate access to \n telecommunications. America must work to reduce and ultimately \n eliminate the harmful technological divide.\n (4) The Congress reaffirms the Nation's public policy \n commitment to providing universal service. All consumers should \n have access to high-quality telecommunications services at \n affordable rates.\n\nSEC. 3. UNIVERSAL SERVICE.\n\n Subsection (j) of section 254 of the Communications Act of 1934 (47 \nU.S.C. 254) is amended to read as follows:\n ``(j) Lifeline Assistance; Link Up America.--\n ``(1) Purposes.--The purposes of this subsection are--\n ``(A) to advance universal service; and\n ``(B) to ensure that high-quality \n telecommunications services and other evolving \n telecommunication technologies, such as Internet access \n and broadband services, are available to low-income \n consumers at just, reasonable, and affordable rates.\n ``(2) Continuation and expansion of programs.--For the \n purposes described in paragraph (1), the Commission--\n ``(A) shall continue in effect the Lifeline \n Assistance Program and the Link Up Program; and\n ``(B) expand such programs under paragraph (3).\n ``(3) Expansion.--The Commission shall expand the \n assistance provided through the Lifeline Assistance Program and \n the Link Up Program by allowing low-income consumers \n participating in such programs to choose to use such assistance \n for any one of the following:\n ``(A) Wire or wireless telephone service.\n ``(B) Internet access service.\n ``(C) Wire or wireless broadband service.\n ``(D) Any evolving technology the Commission deems \n consistent with the purposes described in paragraph \n (1).\n ``(4) Rule of construction.--This subsection shall not be \n construed--\n ``(A) to affect any program under this section \n other than the Lifeline Assistance Program or the Link \n Up Program; or\n ``(B) except as inconsistent with the provisions of \n this subsection, to affect the authority of the \n Commission to make modifications to the Lifeline \n Assistance Program or the Link Up Program.\n ``(5) Definitions.--In this subsection:\n ``(A) The term `broadband service' means high-speed \n Internet access service--\n ``(i) offering integrated access to voice \n communications, high-speed data service, video-\n demand services, and interactive delivery \n services; and\n ``(ii) transmitting data at speeds \n exceeding 200 kilobits per second, in at least \n one direction, from the user's computer to the \n Internet or from the Internet to the user's \n computer.\n ``(B) The term `Lifeline Assistance Program' means \n the Lifeline Assistance Program provided for by the \n Commission under subpart E of title 47, Code of Federal \n Regulations (and any related or successor regulations).\n ``(C) The term `Link Up Program' means the Link Up \n Program provided for by the Commission under subpart E \n of title 47, Code of Federal Regulations (and any \n related or successor regulations).''.\n\nSEC. 4. STUDY.\n\n (a) Study.--Not later than May 1, 2008, the Federal Communications \nCommission shall conduct a study and submit a report to the Congress on \nthe following:\n (1) The necessary benefit level for a household \n participating in the Lifeline Assistance Program or the Link Up \n Program which will encourage low-income consumers to seek \n broadband service.\n (2) Projections on the potential of new broadband service \n consumers who would seek this service if economically \n accessible.\n (3) Industry requirements to provide broadband service \n access in underserved areas.\n (4) Data that accurately illustrates the extent of current \n deployment of broadband service to residential users.\n (5) Policy proposals conducive to addressing gaps in \n broadband service availability.\n (b) Definitions.--In this section, the terms ``broadband service'', \n``Lifeline Assistance Program'', and ``Link Up Program'' have the \nmeanings given to those terms in section 254(j) of the Communications \nAct of 1934, as amended by section 3 of this Act.","summary":"Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to expand the Lifeline Assistance Program and the Link Up Program. Requires a report to Congress on the benefit level for the programs that will encourage low-income consumers to seek broadband service, projections on potential broadband consumers if the service was economically feasible, industry requirements to provide broadband service in underserved areas, and policy proposals regarding gaps in broadband availability.","title":"To amend the Communications Act of 1934 to continue in effect and expand the Lifeline Assistance Program and the Link Up Program, and for other purposes.","text_len":5543,"sum_len":610} {"bill_id":"103_hr1467","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Job Training and \nInvestment Act of 1993''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) Adult.--The term ``adult'' means an individual who has \n attained the age of 22.\n (2) Community-based organization.--The term ``community-\n based organization'' means a private, nonprofit organization, \n including a private, nonprofit Native American organization, \n that--\n (A) has a board of directors composed of \n individuals with experience in representing or serving \n individuals who are economically disadvantaged or have \n substantial barriers to employment;\n (B) has a history of demonstrated effectiveness in \n providing employment and job training services to such \n individuals; and\n (C) has an institutional capacity to protect the \n investment of public funds consistent with sound \n management principles.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (4) Youth.--The term ``youth'' means an individual who has \n attained the age of 14 but not 22.\n\n TITLE I--GRANTS TO COMMUNITY-BASED ORGANIZATIONS\n\n Subtitle A--Capacity Building Grants\n\nSEC. 101. AUTHORIZATION.\n\n The Secretary of Labor shall provide grants to community-based \norganizations for the purpose of improving the capacity of such \norganizations to provide employment and job training services.\n\nSEC. 102. APPLICATION.\n\n (a) In General.--The Secretary may not make a grant under section \n101 to a community-based organization unless the organization submits \nto the Secretary an application in such form and containing such \ninformation as the Secretary may require.\n (b) Additional Requirement.--In addition to the requirements \ndescribed in subsection (a), the Secretary may not make a grant under \nsection 101 to a community-based organization unless such organization \nincludes in the application submitted under subsection (a) a \ndescription of a plan to improve program and staff development which \nwill increase the capacity of the organization to plan, manage, assess, \nand evaluate employment and job training services carried out--\n (1) from amounts received from a grant provided under \n section 101;\n (2) under the Job Training Partnership Act (29 U.S.C. 1501 \n et seq.);\n (3) under the Carl D. Perkins Vocational and Applied \n Technology Education Act (20 U.S.C. 2301 et seq.);\n (4) under the Job Opportunities and Basic Skills Training \n Program authorized under part F of title IV of the Social \n Security Act (42 U.S.C. 681 et seq.); and\n (5) under other Federal and State programs that have as \n their objective the improvement of employment opportunities for \n individuals who are economically disadvantaged or have \n substantial barriers to employment.\n\nSEC. 103. USE OF AMOUNTS.\n\n The Secretary may not make a grant under section 101 to a \ncommunity-based organization unless the organization agrees that it \nwill use all amounts received from such grant to improve the capacity \nof such organization to provide employment and job training services.\n\nSEC. 104. PRIORITY.\n\n In awarding grants under section 101, the Secretary shall give \npriority to those community-based organizations that--\n (1) represent national networks of affiliates; and\n (2) have a history of providing technical assistance and \n training to affiliates and other local service providers.\n\n Subtitle B--Disadvantaged Youth and Adult Grants\n\nSEC. 111. AUTHORIZATION.\n\n The Secretary of Labor shall provide grants to community-based \norganizations for the purpose of providing attitudinal, motivational, \nand skills training to eligible youths and adults described in section \n112.\n\nSEC. 112. ELIGIBLE YOUTHS AND ADULTS.\n\n A youth or adult shall be eligible to receive training under \nsection 111 if the youth or adult, as the case may be--\n (1) is economically disadvantaged, as such term is defined \n in section 4(8) of the Job Training Partnership Act (29 U.S.C. \n 1503); or\n (2) has a substantial barrier to employment, as determined \n by the Secretary.\n\nSEC. 113. APPLICATION.\n\n The Secretary may not make a grant under section 111 to a \ncommunity-based organization unless the organization submits to the \nSecretary an application in such form and containing such information \nas the Secretary may require.\n\nSEC. 114. USE OF AMOUNTS.\n\n (a) In General.--Subject to subsection (b), the Secretary may not \nmake a grant under section 111 to a community-based organization unless \nthe organization agrees that it will use all amounts received from such \ngrant to provide attitudinal, motivational, and skills training to \neligible youths and adults described in section 112. To the extent \npracticable, such attitudinal, motivational, and skills training shall \nbe provided in coordination with employment and job training services \nprovided under other Federal programs, including programs under--\n (1) the Job Training Partnership Act (29 U.S.C. 1501 et \n seq.); and\n (2) the Carl D. Perkins Vocational and Applied Technology \n Education Act (20 U.S.C. 2301 et seq.).\n (b) Administrative Costs.--A community-based organization may use \nnot more than 20 percent of amounts received from a grant under section \n111 for administrative costs associated with providing attitudinal, \nmotivational, and skills training described in subsection (a).\n\n TITLE II--NATIONAL ADVISORY COMMITTEE ON COMMUNITY-BASED ORGANIZATIONS\n\nSEC. 201. ESTABLISHMENT.\n\n The Secretary shall establish a National Advisory Committee on \nCommunity-Based Organizations (in this title referred to as the \n``Committee'').\n\nSEC. 202. DUTIES.\n\n The Committee shall--\n (1) study the role of community-based organizations in \n providing employment and job training services in the United \n States, with special emphasis on such organizations providing \n such services under the Job Training Partnership Act (29 U.S.C. \n 1501 et seq.); and\n (2) conduct an evaluation of the effectiveness of the \n employment and job training services provided to disadvantaged \n youths and adults by community-based organizations from amounts \n received from grants provided under section 111.\n\nSEC. 203. REPORT.\n\n Not later than June 30, 1994, the Committee shall submit to the \nCongress a report containing a summary of the study and evaluation \nconducted under section 202.\n\n TITLE III--AUTHORIZATION OF APPROPRIATIONS\n\nSEC. 301. AUTHORIZATION.\n\n There are authorized to be appropriated to carry out this Act, \n$50,000,000 for each of the fiscal years 1994 and 1995. Of the amounts \nappropriated for each fiscal year--\n (1) 24 percent of such amount shall be made available to \n carry out subtitle A of title I;\n (2) 70 percent of such amount shall be made available to \n carry out subtitle B of title I;\n (3) 5 percent of such amount shall be made available for \n administrative costs of the Secretary associated with providing \n grants under title I; and\n (4) 1 percent of such amount shall be made available for \n administrative costs of the Commission under title II.","summary":"TABLE OF CONTENTS: Title I: Grants to Community-Based Organizations Title II: National Advisory Committee on Community-Based Organizations Community Job Training and Investment Act of 1993 - Title I: Grants to Community-Based Organizations - Subtitle A: Capacity Building Grants - Directs the Secretary of Labor to make grants to community-based organizations to improve their capacity to provide employment and job training services. Requires grant applications, plans, and use agreements. Gives priority to organizations that represent national networks of affiliates and have a history of providing technical assistance and training to affiliates and other local service providers. Subtitle B: Disadvantaged Youth and Adult Grants - Directs the Secretary to make grants to community-based organizations to provide attitudinal, motivational, and skills training to youths and adults who are economically disadvantaged or have a substantial barrier to employment. Requires grant applications, use agreement, coordination with other Federal programs of employment and job training services, and administrative cost limitation. Title II: National Advisory Committee on Community-Based Organizations - Directs the Secretary to establish a National Advisory Committee on Community-Based Organizations to study such organizations' role in providing employment and job training services, especially under the Job Training Partnership Act, and evaluate such services provided from grants under this Act.","title":"Community Job Training and Investment Act of 1993","text_len":7734,"sum_len":1497} {"bill_id":"110_hr5804","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayer Responsibility, \nAccountability, and Consistency Act of 2008''.\n\nSEC. 2. INFORMATION REPORTING FOR PAYMENTS TO CORPORATIONS.\n\n (a) In General.--Section 6041 of the Internal Revenue Code of 1986 \n(relating to information at source) is amended by adding at the end the \nfollowing new subsection:\n ``(h) Payments to Corporations.--\n ``(1) In general.--Notwithstanding any regulations \n prescribed by the Secretary before the date of the enactment of \n this subsection, subsection (a) shall apply to payments made to \n a corporation.\n ``(2) Exception.--Paragraph (1) shall not apply to payments \n made to a hospital or extended care facility described in \n section 501(c)(3) which is exempt from taxation under section \n 501(a) or to a hospital or extended care facility owned and \n operated by the United States, a State, the District of \n Columbia, a possession of the United States, or a political \n subdivision, agency or instrumentality of any of the \n foregoing.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto payments made more than 1 year after the date of the enactment of \nthis Act.\n\nSEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF \n INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT \n TAXES.\n\n (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 \n(relating to general provisions relating to employment taxes) is \namended by adding at the end the following new section:\n\n``SEC. 3511. SAFE HARBOR.\n\n ``(a) Termination of Certain Employment Tax Liability.--\n ``(1) In general.--If--\n ``(A) for purposes of employment taxes, the \n taxpayer did not treat an individual as an employee for \n any period, and\n ``(B) in the case of periods after December 31, \n 1978, all Federal tax returns (including information \n returns) required to be filed by the taxpayer with \n respect to such individual for such period are filed on \n a basis consistent with the taxpayer's treatment of \n such individual as not being an employee,\n then, for purposes of applying such taxes for such period with \n respect to the taxpayer, the individual shall be deemed not to \n be an employee unless the taxpayer had no reasonable basis for \n not treating such individual as an employee. This paragraph \n shall not apply with respect to an individual for any periods \n beginning after the date of notice of a determination that such \n individual should be treated as an employee of the taxpayer.\n ``(2) Statutory standards for satisfying the requirements \n of paragraph (1).--For purposes of paragraph (1), a taxpayer \n shall be treated as having a reasonable basis for not treating \n an individual as an employee only if--\n ``(A) the taxpayer's treatment of such individual \n was in reasonable reliance on--\n ``(i) a written determination (as defined \n in section 6110(b)(1)) issued to the taxpayer \n addressing the employment status of such \n individual or another individual holding a \n substantially similar position with the \n taxpayer, or\n ``(ii) a concluded examination (for \n employment tax purposes) of whether such \n individual (or another individual holding a \n substantially similar position) should be \n treated as an employee of the taxpayer, with \n respect to which there was no determination \n that such individual (or another individual \n holding a substantially similar position) \n should be treated as an employee, and\n ``(B) the taxpayer (or a predecessor) has not \n treated any other individual holding a substantially \n similar position as an employee for purposes of \n employment taxes for any period beginning after \n December 31, 1977.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Employment tax.--The term `employment tax' means any \n tax imposed by this subtitle.\n ``(2) Employment status.--The term `employment status' \n means the status of an individual, under the usual common law \n rules applicable in determining the employer-employee \n relationship, as an employee or as an independent contractor \n (or other individual who is not an employee).\n ``(c) Special Rules for Application of Section.--\n ``(1) Notice of availability of section.--An officer or \n employee of the Internal Revenue Service shall, before or at \n the commencement of any examination relating to the employment \n status of one or more individuals who perform services for the \n taxpayer, provide the taxpayer with a written notice of the \n provisions of this section.\n ``(2) Rules relating to statutory standards.--For purposes \n of subsection (a)(2), with respect to any period beginning \n after the date of the enactment of this paragraph, a taxpayer \n may not rely on an examination commenced, or a written \n determination issued, more than 7 years before the beginning of \n such period.\n ``(3) Substantially similar position.--For purposes of this \n section, the determination as to whether an individual holds a \n position substantially similar to a position held by another \n individual shall be made by the Secretary in a manner \n consistent with the Fair Labor Standards Act of 1938.\n ``(d) Burden of Proof.--A taxpayer must establish entitlement to \nrelief under this section by a preponderance of the evidence.\n ``(e) Petitions for Review of Status.--\n ``(1) In general.--Under procedures established by the \n Secretary not later than 1 year after the date of the enactment \n of this section, any individual who performs services for a \n taxpayer may petition (either personally or through a \n designated representative or attorney) for a determination of \n the individual's status for employment tax purposes.\n ``(2) Administrative procedures.--The procedures \n established under paragraph (1) shall provide for--\n ``(A) a determination of status not later than 90 \n days after the filing of the petition with respect to \n employment in any industry (such as the construction \n industry) in which employment is transient, casual, or \n seasonal, and\n ``(B) an administrative appeal of any determination \n that an individual is not an employee of the taxpayer.\n ``(3) Prohibition against retaliation.--\n ``(A) In general.--No taxpayer may discharge an \n individual, refuse to contract with an individual, or \n otherwise discriminate against an individual with \n respect to compensation, terms, conditions, or \n privileges of the services provided by the individual \n because the individual (or any designated \n representative or attorney on behalf of such \n individual) filed a petition under paragraph (1).\n ``(B) Rights retained by individual.--Nothing in \n this paragraph shall be deemed to diminish the rights, \n privileges, or remedies of any individual under any \n Federal or State law, or under any collective \n bargaining agreement.\n ``(f) Results of Misclassification Determinations.--In any case in \nwhich the Secretary determines that a taxpayer has misclassified an \nindividual as not an employee for employment tax purposes, the \nSecretary shall inform the Secretary of Labor about such \nmisclassification and notify the individual of any eligibility for the \nrefund of self-employment taxes under chapter 2.\n ``(g) Regulations.--The Secretary shall, not later than 1 year \nafter the date of the enactment of this section, prescribe such \nregulations as may be necessary and appropriate to carry out the \npurposes of this section.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 7436(a) of such Code is \n amendment by striking ``section 530 of the Revenue Act of \n 1978'' and inserting ``section 3511''.\n (2) The table of sections for chapter 25 of such Code is \n amended by adding at the end the following new item:\n\n``Sec. 3511. Safe harbor.''.\n (c) Termination of Section 530 of the Revenue Act of 1978.--Section \n530 of the Revenue Act of 1978 shall not apply to services rendered \nmore than 1 year after the date of the enactment of this Act.\n (d) Effective Date.--The amendments made by this section shall \napply to services rendered more than 1 year after the date of the \nenactment of this Act.\n\nSEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION.\n\n The Secretary of the Treasury shall issue an annual report on \nworker misclassification. Such report shall include the following:\n (1) Information on the number and type of enforcement \n actions against, and examinations of, employers who have \n misclassified workers.\n (2) Relief obtained as a result of such actions against, \n and examinations of, employers who have misclassified workers.\n (3) An overall estimate of the number of employers \n misclassifying workers, the number of workers affected, and the \n industries involved.\n (4) The impact of such misclassification on the Federal tax \n system.\n (5) Information on the outcomes of the petitions filed \n under section 3511(e) of the Internal Revenue Code of 1986.\n\nSEC. 5. INCREASE IN INFORMATION RETURN PENALTIES.\n\n (a) Failure To File Correct Information Returns.--\n (1) In general.--Section 6721(a)(1) of the Internal Revenue \n Code of 1986 is amended--\n (A) by striking ``$50'' and inserting ``$250'', and\n (B) by striking ``$250,000'' and inserting \n ``$3,000,000''.\n (2) Reduction where correction in specified period.--\n (A) Correction within 30 days.--Section 6721(b)(1) \n of such Code is amended--\n (i) by striking ``$15'' and inserting \n ``$50'',\n (ii) by striking ``$50'' and inserting \n ``$250'', and\n (iii) by striking ``$75,000'' and inserting \n ``$500,000''.\n (B) Failures corrected on or before august 1.--\n Section 6721(b)(2) of such Code is amended--\n (i) by striking ``$30'' and inserting \n ``$100'',\n (ii) by striking ``$50'' and inserting \n ``$250'', and\n (iii) by striking ``$150,000'' and \n inserting ``$1,500,000''.\n (3) Lower limitation for persons with gross receipts of not \n more than $5,000,000.--Section 6721(d)(1) of such Code is \n amended--\n (A) in subparagraph (A)--\n (i) by striking ``$100,000'' and inserting \n ``$1,000,000'', and\n (ii) by striking ``$250,000'' and inserting \n ``$3,000,000'',\n (B) in subparagraph (B)--\n (i) by striking ``$25,000'' and inserting \n ``$175,000'', and\n (ii) by striking ``$75,000'' and inserting \n ``$500,000'', and\n (C) in subparagraph (C)--\n (i) by striking ``$50,000'' and inserting \n ``$500,000'', and\n (ii) by striking ``$150,000'' and inserting \n ``$1,500,000''.\n (4) Penalty in case of intentional disregard.--Section \n 6721(e) of such Code is amended--\n (A) by striking ``$100'' in paragraph (2) and \n inserting ``$500'',\n (B) by striking ``$250,000'' in paragraph (3)(A) \n and inserting ``$3,000,000''.\n (b) Failure To Furnish Correct Payee Statements.--\n (1) In general.--Section 6722(a) of such Code is amended--\n (A) by striking ``$50'' and inserting ``$250'', and\n (B) by striking ``$100,000'' and inserting \n ``$1,000,000''.\n (2) Penalty in case of intentional disregard.--Section \n 6722(c) of such Code is amended--\n (A) by striking ``$100'' in paragraph (1) and \n inserting ``$500'', and\n (B) by striking ``$100,000'' in paragraph (2)(A) \n and inserting ``$1,000,000''.\n (c) Failure To Comply With Other Information Reporting \nRequirements.--Section 6723 of such Code is amended--\n (1) by striking ``$50'' and inserting ``$250'', and\n (2) by striking ``$100,000'' and inserting ``$1,000,000''.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to information returns required to be filed after \nDecember 31, 2008.","summary":"Taxpayer Responsibility, Accountability and Consistency Act of 2008 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments of $600 or more made to corporations. (2) set forth criteria and rules relating to the treatment of workers as employees or independent contractors. And (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification.","title":"To amend the Internal Revenue Code of 1986 to modify the rules relating to the treatment of individuals as independent contractors or employees, and for other purposes.","text_len":14101,"sum_len":556} {"bill_id":"111_s1089","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting American Agricultural and \nMedical Exports to Cuba Act of 2009''.\n\nSEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM \n AND EXPORT ENHANCEMENT ACT OF 2000.\n\n Section 908(b)(4) of the Trade Sanctions Reform and Export \nEnhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--\n (1) in subparagraph (B), by striking ``and'' at the end;\n (2) in subparagraph (C), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(D) the term `payment of cash in advance' means, \n notwithstanding any other provision of law, the payment \n by the purchaser of an agricultural commodity or \n product and the receipt of such payment by the seller \n prior to--\n ``(i) the transfer of title of such \n commodity or product to the purchaser; and\n ``(ii) the release of control of such \n commodity or product to the purchaser.''.\n\nSEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED \n STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS \n REFORM AND EXPORT ENHANCEMENT ACT OF 2000.\n\n (a) In General.--Notwithstanding any other provision of law \n(including section 908(b)(1)(B) of the Trade Sanctions and Export \nEnhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may \nnot restrict direct transfers from a Cuban depository institution to a \nUnited States depository institution executed in payment for an \nagricultural commodity or product authorized for sale under the Trade \nSanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et \nseq.).\n (b) Depository Institution Defined.--In this section, the term \n``depository institution'' means any entity that is engaged primarily \nin the business of banking (including a bank, savings bank, savings \nassociation, credit union, trust company, or bank holding company).\n\nSEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH \n RESPECT TO CUBA.\n\n (a) In General.--The Secretary of Agriculture shall establish a \nprogram to provide information and technical assistance to United \nStates agricultural producers, cooperative organizations, and State \nagencies that promote the sale of agricultural commodities or products, \nin order to promote and facilitate exports of United States \nagricultural commodities or products to Cuba as authorized by the Trade \nSanctions Reform and Export Enhancement Act of 2000.\n (b) Technical Assistance To Facilitate Exports.--The Secretary of \nAgriculture shall maintain on the website of the Department of \nAgriculture information to assist exporters and potential exporters of \nUnited States agricultural commodities or products with respect to \nCuba.\n (c) Authorization of Funds.--The Secretary of Agriculture is \nauthorized to expend such sums as may be available in the Agricultural \nExport Promotion Trust Fund established under section 9511 of the \nInternal Revenue Code of 1986 (as added by section 5(b) of this Act).\n\nSEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN \n UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL \n EXPORT PROMOTION TRUST FUND.\n\n (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the \nInternal Revenue Code of 1986 (relating to use of international travel \nfacilities) is amended by adding at the end the following new \nparagraph:\n ``(4) Special rule for cuba.--In any case in which the tax \n imposed by paragraph (1) applies to transportation beginning or \n ending in Cuba before January 1, 2016, such tax shall be \n increased by $1.00.''.\n (b) Agricultural Export Promotion Trust Fund.--\n (1) In general.--Subchapter A of chapter 98 of the Internal \n Revenue Code of 1986 (relating to establishment of trust funds) \n is amended by adding at the end the following new section:\n\n``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Agricultural \nExport Promotion Trust Fund', consisting of such amounts as may be \nappropriated or credited to such fund as provided in this section or \nsection 9602(b).\n ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Agricultural Export Promotion Trust Fund amounts equivalent to the \nincrease in taxes received in the Treasury by reason of section \n4261(c)(4).\n ``(c) Expenditures.--Amounts in the Agricultural Export Promotion \nTrust Fund shall be available, as provided by appropriation Acts, for \nmaking expenditures to the Office of the Secretary of Agriculture for \nthe purposes set out in section 4 of the Promoting American \nAgricultural and Medical Exports to Cuba Act of 2009.''.\n (2) Conforming amendment.--Subparagraph (B) of section \n 9502(b)(1) of such Code is amended by inserting ``(other than \n by reason of subsection (c)(4) thereof)'' after ``sections \n 4261''.\n (3) Clerical amendment.--The table of sections for \n subchapter A of chapter 98 of such Code is amended by adding at \n the end the following new item:\n\n``Sec. 9511. Agricultural Export Promotion Trust Fund.''.\n (c) Effective Date.--The amendment made by subsection (a) shall \napply to transportation beginning after the 90-day period beginning on \nthe date of the enactment of this Act, except that such amendment shall \nnot apply to amounts paid before the end of such period.\n\nSEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.\n\n (a) Sense of Congress.--It is the sense of Congress that the \nSecretary of State should issue visas for temporary entry into the \nUnited States to nationals of Cuba whose itinerary documents an intent \nto conduct activities, including phytosanitary inspections, relating to \nthe purchase of United States agricultural commodities or products \npursuant to the provisions of the Trade Sanctions Reform and Export \nEnhancement Act of 2000 (22 U.S.C. 7201 et seq.).\n (b) Periodic Reports.--\n (1) In general.--Not later than 45 days after the date of \n the enactment of this Act, and every 90 days thereafter, the \n Secretary of State shall submit to the Committee on Finance, \n the Committee on Agriculture, Nutrition, and Forestry, and the \n Committee on Foreign Relations of the Senate, and the Committee \n on Agriculture, the Committee on Ways and Means, and the \n Committee on Foreign Affairs of the House of Representatives a \n report on the issuance of visas described in subsection (a).\n (2) Content of reports.--Each report under paragraph (1) \n shall contain a full description of each application received \n from a national of Cuba for a visa to travel to the United \n States to engage in purchasing activities pursuant to the \n provisions of the Trade Sanctions Reform and Export Enhancement \n Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the \n disposition of each such application.\n\nSEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.\n\n (a) Repeal of Requirement for Onsite Verifications.--Section 1705 \nof the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by \nstriking subsection (d).\n (b) Rule of Construction.--Nothing in the amendment made by \nsubsection (a) shall be construed to restrict the authority of the \nPresident to--\n (1) impose export controls with respect to the export of \n medicines or medical devices under sections 5 or 6 of the \n Export Administration Act of 1979 (as in effect pursuant to the \n International Emergency Economic Powers Act (50 U.S.C. App. \n 2404 or 2405)); or\n (2) exercise the authority the President has under the \n International Emergency Economic Powers Act (50 U.S.C. 1701 et \n seq.) with respect to Cuba pursuant to a declaration of \n national emergency required by that Act that is made on account \n of an unusual and extraordinary threat, that did not exist \n before the enactment of this Act, to the national security, \n foreign policy, or economy of the United States.\n\nSEC. 8. TRAVEL TO CUBA.\n\n (a) Freedom of Travel for United States Citizens and Legal \nResidents.--Notwithstanding section 102(h) of the Cuban Liberty and \nDemocratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and \nsection 910(b) of the Trade Sanctions Reform and Export Enhancement Act \nof 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--\n (1) the President may not regulate or prohibit, directly or \n indirectly, travel to or from Cuba by United States citizens or \n legal residents, or any of the transactions incident to such \n travel; and\n (2) any regulation in effect on the date of the enactment \n of this Act that regulates or prohibits travel to or from Cuba \n by United States citizens or legal residents or transactions \n incident to such travel shall cease to have any force or \n effect.\n (b) Exception.--The restrictions on authority contained in \nsubsection (a) shall not apply in a case in which the United States is \nat war with Cuba, armed hostilities between the two countries are in \nprogress, or there is imminent danger to the public health or the \nphysical safety of United States citizens or legal residents.\n (c) Applicability.--This section applies to actions taken by the \nPresident--\n (1) on or after the date of the enactment of this Act; or\n (2) before the date of the enactment of this Act which are \n in effect on such date of enactment.\n\nSEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION \n OF INTELLECTUAL PROPERTY.\n\n (a) Repeal of Prohibition on Transactions or Payments With Respect \nto Certain United States Intellectual Property.--Section 211 of the \nDepartment of Commerce and Related Agencies Appropriations Act, 1999 \n(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) \nis repealed.\n (b) Regulations.--The Secretary of the Treasury shall promulgate \nsuch regulations as are necessary to carry out the repeal made by \nsubsection (a), including removing any prohibition on transactions or \npayments to which subsection (a)(1) of section 211 of the Department of \nCommerce and Related Agencies Appropriations Act, 1999 (as such section \nwas in effect on the day before the date of the enactment of this Act) \napplied.\n (c) Further Regulations.--\n (1) In general.--The Secretary of the Treasury shall amend \n part 515 of title 31, Code of Federal Regulations (commonly \n referred to as the ``Cuban Assets Control Regulations''), to \n authorize under general license the transfer or receipt of any \n trademark or trade name subject to United States law in which a \n designated national has an interest.\n (2) Designated national defined.--In this subsection, the \n term ``designated national'' has the meaning given the term in \n subsection (d)(1) of section 211 of the Department of Commerce \n and Related Agencies Appropriations Act, 1999 (as such section \n was in effect on the day before the date of the enactment of \n this Act).","summary":"Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a US depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. Directs the Secretary of Agriculture to provide information and technical assistance to US agricultural producers, cooperative organizations, or state agencies to promote US agricultural exports products to Cuba. Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1. And (2) establish in the Treasury the Agricultural Export Promotion Trust Fund. Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of US agricultural commodities or products. Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba. Prohibits the President from regulating or prohibiting travel to or from Cuba by US citizens or legal residents, or any of the transactions incident to such travel. States that: (1) any regulation restricting or prohibiting such travel shall have no effect. And (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of US citizens or legal residents. Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain US intellectual properties and such properties' transfer.","title":"A bill to facilitate the export of United States agricultural commodities and products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to establish an agricultural export promotion program with respect to Cuba, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by United States citizens and legal residents, to establish an agricultural export promotion program with respect to Cuba, and for other purposes.","text_len":11692,"sum_len":1835} {"bill_id":"108_s2510","text":"SECTION 1. CREDIT FOR INSTALLATION OF HYDROGEN FUELING STATIONS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to foreign tax credit, \netc.) is amended by adding at the end the following new section:\n\n``SEC. 30B. HYDROGEN-POWERED VEHICLE REFUELING PROPERTY CREDIT.\n\n ``(a) Credit Allowed.--There shall be allowed as a credit against \nthe tax imposed by this chapter for the taxable year an amount equal to \n50 percent of the amount paid or incurred by the taxpayer during the \ntaxable year for the qualified hydrogen-powered vehicle refueling \nproperty and the installation thereof.\n ``(b) Year Credit Allowed.--The credit allowed under subsection (a) \nshall be allowed in the taxable year in which the qualified hydrogen-\npowered vehicle refueling property is placed in service by the \ntaxpayer.\n ``(c) Definition of Qualified Hydrogen-Powered Vehicle Refueling \nProperty.--The term `qualified hydrogen-powered vehicle refueling \nproperty' means any property (not including a building and its \nstructural components) if--\n ``(1) such property is of a character subject to the \n allowance for depreciation,\n ``(2) the original use of such property begins with the \n taxpayer, and\n ``(3) such property is for the production, storage, or \n dispensing of hydrogen fuel into the fuel tank of a motor \n vehicle propelled by such fuel.\n ``(d) Application With Other Credits.--The credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess (if \nany) of--\n ``(1) the regular tax for the taxable year reduced by the \n sum of the credits allowable under subpart A and sections 27, \n 29, 30, and 30A, over\n ``(2) the tentative minimum tax for the taxable year.\n ``(e) Basis Reduction.--For purposes of this title, the basis of \nany property shall be reduced by the portion of the cost of such \nproperty taken into account under subsection (a).\n ``(f) No Double Benefit.--No deduction shall be allowed under \nsection 179A with respect to any property with respect to which a \ncredit is allowed under subsection (a).\n ``(g) Carryforward Allowed.--\n ``(1) In general.--If the credit amount allowable under \n subsection (a) for a taxable year exceeds the amount of the \n limitation under subsection (d) for such taxable year (referred \n to as the `unused credit year' in this subsection), such excess \n shall be allowed as a credit carryforward for each of the 20 \n taxable years following the unused credit year.\n ``(2) Rules.--Rules similar to the rules of section 39 \n shall apply with respect to the credit carryforward under \n paragraph (1).\n ``(h) Special Rules.--Rules similar to the rules of paragraphs (4) \nand (5) of section 179A(e) shall apply.\n ``(i) Regulations.--The Secretary shall prescribe such regulations \nas necessary to carry out the provisions of this section.\n ``(j) Termination.--This section shall not apply to any property \nplaced in service after December 31, 2013.''.\n (b) Conforming Amendments.--\n (1) Section 1016(a) of such Code is amended by striking \n ``and'' at the end of paragraph (27), by striking the period at \n the end of paragraph (28) and inserting ``, and'', and by \n adding at the end the following new paragraph:\n ``(29) to the extent provided in section 30B(e).''.\n (2) Section 55(c)(2) of such Code is amended by inserting \n ``30B(d),'' after ``30(b)(3),''.\n (3) The table of sections for subpart B of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 30A the following new item:\n\n``Sec. 30B. Hydrogen-powered vehicle refueling property credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service in taxable years beginning after \nthe date of the enactment of this Act.\n\nSEC. 2. EXCLUSION OF EARNINGS FROM HYDROGEN FUEL SALES.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by inserting after section 136 the \nfollowing new section:\n\n``SEC. 136A. INCOME FROM HYDROGEN FUEL SALES.\n\n ``(a) Exclusion.--Gross income shall not include income \nattributable to the sale of hydrogen fuel sold at retail for use in a \nhydrogen fuel cell vehicle.\n ``(b) Definition of Hydrogen Fuel Cell Vehicle.--For purposes of \nthis section, the term `hydrogen fuel cell vehicle' means a motor \nvehicle (as defined in section 30(c)(2)) which is propelled by power \nderived from 1 or more cells which convert chemical energy directly \ninto electricity by combining oxygen with hydrogen fuel which is stored \non board the vehicle in any form and may or may not require reformation \nprior to use.\n ``(c) Termination.--This section shall not apply to income \nattributable to sales after December 31, 2013.''.\n (b) Conforming Amendment.--The table of sections for subpart B of \npart III of subchapter B of chapter 1 of such Code is amended by \ninserting after the item relating to section 136 the following new \nitem:\n\n ``Sec. 136A. Income from hydrogen fuel sales.''.\n (c) Effective Date.--The amendments made by this section shall \napply to income received after December 31, 2003, in taxable years \nending after such date.","summary":"Amends the Internal Revenue Code to allow a tax credit for 50 percent of the cost of a qualified hydrogen-powered vehicle refueling property and its installation. Excludes from gross income amounts attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen fuel cell vehicle.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a credit for the installation of hydrogen fueling stations and to exclude earnings from hydrogen fuel sales from gross income.","text_len":5580,"sum_len":295} {"bill_id":"112_hr2499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lymphedema Diagnosis and Treatment \nCost-Saving Act of 2011''.\n\nSEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER \n MEDICARE.\n\n (a) Coverage of Services.--Section 1861 of the Social Security Act \n(42 U.S.C. 1395x) is amended--\n (1) in subsection (s)(2)--\n (A) in subparagraph (EE), by striking ``and'' at \n the end;\n (B) in subparagraph (FF), by adding ``and'' at the \n end; and\n (C) by adding at the end the following new \n subparagraph:\n ``(GG)(i) lymphedema diagnosis services (as defined \n in subsection (iii)(1)) and lymphedema treatment \n services (as described in subsection (iii)(2)); and\n ``(ii) lymphedema compression treatment items (as \n defined in subsection (jjj)).''; and\n (2) by adding at the end the following new subsections:\n ``(iii) Lymphedema Diagnosis and Treatment Services.--(1) \nLymphedema Diagnosis Services.--The term `lymphedema diagnosis \nservices' means, with respect to an individual, the differential \ndiagnosis of the source of the individual's edema and the \nidentification of the specific etiology and functional lymphatic \ndeficiency, in which such diagnosis--\n ``(A) is provided by a provider, as defined in paragraph \n (3), for the purpose of developing a lymphedema treatment plan; \n and\n ``(B) may utilize any diagnostic tools the provider \n determines to be reasonable and necessary.\n ``(2) Lymphedema Treatment Services.--The term `lymphedema \ntreatment services' means, with respect to an individual, services for \nthe treatment of lymphedema (regardless of cause)--\n ``(A) that are--\n ``(i) provided in an inpatient or outpatient \n setting;\n ``(ii) provided by a provider, as defined in \n paragraph (3), within the established scope of practice \n of such provider; and\n ``(iii) medically necessary, in accordance with the \n current standard of lymphedema treatment, including \n complete decongestive therapy, which is a multi-modal \n therapy comprising of manual lymph drainage, \n compression therapy utilizing multilayer bandage \n systems, compression garments and devices, exercise, \n skin care, patient education, and any other lymphedema \n treatment modalities determined by the Secretary to be \n safe and effective; and\n ``(B) which shall--\n ``(i) include as medically necessary with respect \n to the individual--\n ``(I) an initial evaluation and course of \n clinical treatment, including initial baseline \n measurements and subsequent measurements to \n assess treatment efficacy and progress;\n ``(II) follow-up courses of clinical \n treatment;\n ``(III) in the case that such individual \n has cancer, clinical measurements, including \n initial pre-operative baseline measurements and \n periodic subsequent measurements to diagnose \n the presence of lymphedema; and\n ``(IV) any other treatment modality \n approved by the Secretary; and\n ``(ii) be provided in accordance with such \n schedule, duration, and number of treatments as \n determined medically necessary.\n ``(3) Provider Defined.--For purposes of this subsection and \nsubsection (jjj), the term `provider' means any licensed medical or \nhealth care provider whose State licensing board recognizes lymphedema \ndiagnosis, lymphedema treatment, or both to fall within the scope of \npractice of such medical or health care provider.\n ``(jjj) Lymphedema Compression Treatment Items.--The term \n`lymphedema compression treatment items' means, with respect to an \nindividual, compression garments, devices, bandaging systems, \ncomponents, and supplies that are primarily and customarily used in the \nmedical treatment of lymphedema of the arms, hands, legs, feet, torso, \nface and neck, breast and chest, abdomen, and genitalia, as prescribed \nby a provider, as defined in subsection (iii)(3). Such term includes--\n ``(1) multilayer compression bandaging systems, including \n short-stretch and medium-stretch compression bandages; cotton, \n synthetic, or foam padding; gauze or elastic finger and toe \n bandages; foam pads; directional flow padding; and tubular \n bandages;\n ``(2) custom or standard fit gradient compression garments;\n ``(3) non-elastic and low-elastic compression garments, \n manually adjustable or fitted padded directional flow garments \n (with or without elastic or non-elastic compression jackets) \n and compression wraps and directional flow pads;\n ``(4) aids and ancillary equipment consisting of donning \n aids, bandage rollers, shoes to fit over compression items, and \n other specialized items used with the items described in \n paragraphs (1) through (3);\n ``(5) pneumatic appliances connected to and used in \n conjunction with pneumatic sequential compression controllers;\n ``(6) any other compression garments, bandaging systems, \n devices, and aids determined by the Secretary to be effective \n in the prevention or treatment of lymphedema; and\n ``(7) replacements of any items under this subsection in \n accordance with section 1834(p)(3).''.\n (b) Payment.--\n (1) Lymphedema compression treatment items.--\n (A) In general.--Section 1833(a) of such Act (42 \n U.S.C. 1395l(a)) is amended--\n (i) in paragraph (8), by striking at the \n end ``and'';\n (ii) in paragraph (9), by striking at the \n end the period and inserting a semi-colon; and\n (iii) by adding at the end the following \n new paragraph:\n ``(10) in the case of lymphedema compression treatment \n items described in section 1861(jjj), the amount determined \n under section 1834(p); and''.\n (B) Payment determined.--Section 1834 of such Act \n (42 U.S.C. 1395m) is amended by adding at the end the \n following new subsection:\n ``(p) Payment for Lymphedema Compression Treatment Items.--\n ``(1) General rule for payment.--\n ``(A) In general.--With respect to a lymphedema \n compression treatment item as defined in section \n 1861(jjj)) for which payment is determined under this \n subsection, subject to subparagraph (D), payment shall \n be made in an amount equal to 80 percent of the payment \n basis described in subparagraph (B).\n ``(B) Payment basis.--The payment basis described \n in this subparagraph, with respect to a lymphedema \n compression treatment item described in section \n 1861(jjj), is the actual charge for the item.\n ``(C) Exclusive payment rule for home health \n agencies.--Notwithstanding any other provision of this \n title, this subsection shall constitute the exclusive \n provision of this title for payment for lymphedema \n compression treatment items described in section \n 1861(jjj) under this part or under part A to a home \n health agency or for such items that are furnished as \n an incident to a physician's professional service.\n ``(2) Allowable quantities.--In the case it is determined \n by a provider, as defined in section 1861(iii)(3), that \n lymphedema compression treatment items are required as part of \n lymphedema treatment services under section 1861(iii)(2), then \n payment may be made under this title in accordance with this \n subsection for such items in the quantity which is customary, \n reasonable, and medically necessary.\n ``(3) Replacement of lymphedema compression treatment \n items.--\n ``(A) In general.--Payment shall be made under this \n subsection, with respect to an individual, for the \n replacement of a lymphedema compression treatment item \n if the period of the reasonable and useful lifetime of \n the item (as described in subparagraph (B)) has expired \n or a provider, as defined in section 1861(iii)(3), \n determines that a replacement, or repair, of such item, \n is medically necessary.\n ``(B) Reasonable and useful lifetime.--For purposes \n of subparagraph (A), the period of the reasonable and \n useful lifetime of a lymphedema compression treatment \n item is as follows:\n ``(i) In the case of any item described in \n section 1861(jjj)(1), 1 year.\n ``(ii) In the case of any item described in \n section 1861(jjj)(2), 6 months.\n ``(iii) In the case of any item described \n in section 1861(jjj)(3), 2 years.\n ``(iv) In the case of any item described in \n section 1861(jjj)(4), 1 year.\n ``(v) In the case of any item described in \n section 1861(jjj)(5), 5 years.\n ``(vi) In the case of any item described in \n section 1861(jjj)(6), such period as determined \n by the Secretary, in consultation with \n appropriate health organizations, at the time \n the Secretary determines such item to be \n effective in the prevention or treatment of \n lymphedema.''.\n (C) Application of supplier requirements.--Section \n 1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is \n amended--\n (i) in subparagraph (E), by striking at the \n end ``and'';\n (ii) in subparagraph (F), by striking at \n the end the period and inserting ``; and''; and\n (iii) by adding at the end the following \n new subparagraph:\n ``(G) lymphedema compression treatment items (as \n defined in section 1861(jjj)).''.\n (2) Lymphedema diagnosis and treatment services.--\n (A) In general.--Section 1833(a) of such Act, as \n amended by paragraph (1)(A), is further amended by \n adding at the end the following new paragraph:\n ``(11)(A) in the case of lymphedema diagnosis services (as \n defined in section 1861(iii)(1)) furnished by a provider (as \n defined in section 1861(iii)(3)) the amount described in \n section 1834(q); and\n ``(B) in the case of lymphedema treatment services (as \n defined in section 1861(iii)(2)) furnished by a provider (as \n defined in section 1861(iii)(3)) the amount described in \n section 1834(k).''.\n (B) Payment method.--Section 1834 of such Act, as \n amended by paragraph (1)(B), is further amended by \n adding at the end the following new subsection:\n ``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment \nServices by Physicians and Non-Physician Practitioners.--\n ``(1) In general.--For purposes of section 1833(a)(11), the \n amount described in this subsection, with respect to a \n lymphedema diagnosis service or lymphedema treatment service, \n is 80 percent of the lesser of--\n ``(A) the actual charge for the service; or\n ``(B) the applicable fee schedule amount (as \n defined in paragraph (2)) for the service.\n ``(2) Applicable fee schedule amount.--In this subsection, \n the term `applicable fee schedule amount' means, with respect \n to services furnished in a year, the amount determined under \n the fee schedule established under section 1848 for such \n services furnished during the year.''.\n (C) Conforming amendment for payments under \n 1834(k).--Section 1834(k)(1) of such Act (42 U.S.C. \n 1395m(k)(1)) is amended by striking ``or 1833(a)(9)'' \n and inserting ``1833(a)(9), or 1833(a)(11)''.\n (c) Effective Date.--The amendments made by this section shall \napply to items and services furnished on or after the date that is 180 \ndays from the date of the enactment of this Act.","summary":"Lymphedema Diagnosis and Treatment Cost Savings Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend coverage to lymphedema diagnosis and treatment services. including lymphedema compression treatment items.","title":"To amend title XVIII of the Social Security Act to improve the diagnosis and treatment of lymphedema under the Medicare program and to reduce costs under such program related to the treatment of lymphedema.","text_len":13654,"sum_len":235} {"bill_id":"109_hr4766","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Esther Martinez Native American \nLanguages Preservation Act of 2006''.\nSEC. 2. EXPANSION OF PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING \nVITALITY OF NATIVE AMERICAN LANGUAGES.\n Section 803C of the Native American Programs Act of 1974 (42 U.S.C. \n2991b-3) is amended--\n (1) in subsection (b)--\n (A) in paragraph (5) by striking ``and'' at the end,\n (B) in paragraph (6) by striking the period at the end and \n inserting ``; and'', and\n (C) by adding at the end the following:\n ``(7)(A) Native American language nests, which are site-based \n educational programs that--\n ``(i) provide instruction and child care through the \n use of a Native American language for at least 10 children \n under the age of 7 for an average of at least 500 hours per \n year per student;\n ``(ii) provide classes in a Native American language \n for parents (or legal guardians) of students enrolled in a \n Native American language nest (including Native American \n language-speaking parents); and\n ``(iii) ensure that a Native American language is the \n dominant medium of instruction in the Native American \n language nest;\n ``(B) Native American language survival schools, which are \n site-based educational programs for school-age students that--\n ``(i) provide an average of at least 500 hours of \n instruction through the use of 1 or more Native American \n languages for at least 15 students for whom a Native \n American language survival school is their principal place \n of instruction;\n ``(ii) develop instructional courses and materials for \n learning Native American languages and for instruction \n through the use of Native American languages;\n ``(iii) provide for teacher training;\n ``(iv) work toward a goal of all students achieving--\n\n ``(I) fluency in a Native American language; and\n ``(II) academic proficiency in mathematics, reading \n (or language arts), and science; and\n\n ``(v) are located in areas that have high numbers or \n percentages of Native American students; and\n ``(C) Native American language restoration programs, which \n are educational programs that--\n ``(i) operate at least 1 Native American language \n program for the community in which it serves;\n ``(ii) provide training programs for teachers of Native \n American languages;\n ``(iii) develop instructional materials for the \n programs;\n ``(iv) work toward a goal of increasing proficiency and \n fluency in at least 1 Native American language;\n ``(v) provide instruction in at least 1 Native American \n language; and\n ``(vi) may use funds received under this section for--\n\n ``(I) Native American language programs, such as \n Native American language immersion programs, Native \n American language and culture camps, Native American \n language programs provided in coordination and \n cooperation with educational entities, Native American \n language programs provided in coordination and \n cooperation with local universities and colleges, \n Native American language programs that use a master-\n apprentice model of learning languages, and Native \n American language programs provided through a regional \n program to better serve geographically dispersed \n students;\n ``(II) Native American language teacher training \n programs, such as training programs in Native American \n language translation for fluent speakers, training \n programs for Native American language teachers, \n training programs for teachers in schools to utilize \n Native American language materials, tools, and \n interactive media to teach Native American language; \n and\n ``(III) the development of Native American language \n materials, such as books, audio and visual tools, and \n interactive media programs.'',\n\n (2) in subsection (c)--\n (A) in paragraph (5) by striking ``and'' at the end,\n (B) in paragraph (6) by striking the period at the end and \n inserting ``; and'', and\n (C) by adding at the end the following:\n ``(7) in the case of an application for a grant to carry out \n any purpose specified in subsection (b)(7)(B), a certification by \n the applicant that the applicant has not less than 3 years of \n experience in operating and administering a Native American \n language survival school, a Native American language nest, or any \n other educational program in which instruction is conducted in a \n Native American language.'', and\n (3) in subsection (e)(2) by inserting before the period the \n following: ``, except that grants made under such subsection for \n any purpose specified in subsection (b)(7) may be made only on a 3-\n year basis''.\nSEC. 3. DEFINITION.\n Section 815 of the Native American Programs Act of 1974 (42 U.S.C. \n2992c) is amended--\n (1) by redesignating paragraphs (1) through (6) as paragraphs \n (2) through (7), respectively, and\n (2) by inserting before paragraph (2), as so redesignated, the \n following:\n ``(1) `average' means the aggregate number of hours of \n instruction through the use of a Native American language to all \n students enrolled in a native language immersion program during a \n school year divided by the total number of students enrolled in the \n immersion program;''.\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO ENSURE THE \nSURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES.\n Section 816(e) of the Native American Programs Act of 1974 (42 \nU.S.C. 2992d(e)) is amended by striking ``1999, 2000, 2001, and 2002'' \nand inserting ``2008, 2009, 2010, 2011, and 2012''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Esther Martinez Native American Languages Preservation Act of 2006 - Amends the Native American Programs Act of 1974 to authorize the Secretary of Health and Human Services, as part of the Native American languages grant program, to make three-year grants for educational Native American language nests, survival schools, and restoration programs. Requires that Native American language nests: (1) provide instruction and child care through the use of a Native American language for at least 10 children under the age of seven for an average of at least 500 hours per year per student. (2) provide classes in such language for the parents of such students. And (3) use such language as the dominant medium of instruction in the nest. Requires that Native American language survival schools: (1) provide an average of at least 500 hours of instruction per year per student through the use of at least one Native American language for at least 15 students for whom the school is their principal school. (2) develop instructional courses and materials that service the goal of making all students fluent in such a language and proficient in mathematics, reading, and science, (3) provide teacher training. And (4) be located in areas having high concentrations of Native American students. Requires applicants for language survival school funding to have at least three years of experience in running such a school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. Requires that Native American language restoration programs: (1) operate at least one Native American language program for the community they serve, (2) train teachers of such languages. And (3) develop Native American language instructional materials. Authorizes appropriations for FY2008-FY2012.","title":"To amend the Native American Programs Act of 1974 to provide for the revitalization of Native American languages through Native American language immersion programs; and for other purposes.","text_len":6734,"sum_len":1841} {"bill_id":"107_s229","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Interest on Business Checking Act of \n2001''.\n\nSEC. 2. AMENDMENTS RELATING TO DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY \n INSTITUTIONS.\n\n (a) Interest-Bearing Transaction Accounts Authorized.--\n (1) Federal reserve act.--Section 19(i) of the Federal \n Reserve Act (12 U.S.C. 371a) is amended by adding at the end \n the following: ``Notwithstanding any other provision of this \n section, a member bank may permit the owner of any deposit, any \n account which is a deposit, or any account on which interest or \n dividends are paid, to make not more than 24 transfers per \n month (or such greater number as the Board may determine by \n rule or order), for any purpose, to a demand deposit account of \n the owner in the same institution. With respect to an escrow \n account maintained in connection with a loan, a lender or \n servicer shall pay interest on such account only if such \n payments are required by contract between the lender or \n servicer and the borrower, or a specific statutory provision of \n the law of the State in which the security property is located \n requires the lender or servicer to make such payments. Nothing \n in this subsection shall be construed to prevent an account \n offered pursuant to this subsection from being considered a \n transaction account for purposes of this Act.''.\n (2) Home owners' loan act.--Section 5(b)(1) of the Home \n Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by adding \n at the end the following:\n ``(G) Transfers.--\n ``(i) In general.--Notwithstanding any \n other provision of this paragraph, a Federal \n savings association may permit the owner of any \n deposit or share, any account which is a \n deposit or share, or any account on which \n interest or dividends are paid, to make not \n more than 24 transfers per month (or such \n greater number as the Board of Governors of the \nFederal Reserve System may determine by rule or order under section \n19(i) of the Federal Reserve Act to be permissible for member banks), \nfor any purpose, to a demand deposit account of the owner in the same \ninstitution.\n ``(ii) Escrow accounts.--With respect to an \n escrow account maintained in connection with a \n loan, a lender or servicer shall pay interest \n on such account only if--\n ``(I) such payments are required by \n contract between the lender or servicer \n and the borrower; or\n ``(II) a specific statutory \n provision of the law of the State in \n which the security property is located \n requires the lender or servicer to make \n such payments.\n ``(iii) Limitation.--Nothing in this \n subsection shall be construed to prevent an \n account offered pursuant to this subsection \n from being considered a transaction account (as \n defined in section 19(b) of the Federal Reserve \n Act) for purposes of the Federal Reserve \n Act.''.\n (3) Federal deposit insurance act.--Section 18(g) of the \n Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by \n adding at the end the following:\n ``(3) Transfers.--\n ``(A) In general.--Notwithstanding any other \n provision of this subsection, an insured nonmember bank \n or insured State savings association may permit the \n owner of any deposit or share, any account which is a \n deposit or share, or any account on which interest or \n dividends are paid to make not more than 24 transfers \n per month (or such greater number as the Board of \n Governors of the Federal Reserve System may determine \n by rule or order under section 19(i) of the Federal \n Reserve Act to be permissible for member banks), for \n any purpose, to a demand deposit account of the owner \n in the same institution.\n ``(B) Escrow accounts.--With respect to an escrow \n account maintained in connection with a loan, a lender \n or servicer shall pay interest on such account only \n if--\n ``(i) such payments are required by \n contract between the lender or servicer and the \n borrower; or\n ``(ii) a specific statutory provision of \n the law of the State in which the security \n property is located requires the lender or \n servicer to make such payments.\n ``(C) Limitation.--Nothing in this subsection shall \n be construed to prevent an account offered pursuant to \n this subsection from being considered a transaction \n account (as defined in section 19(b) of the Federal \n Reserve Act) for purposes of the Federal Reserve \n Act.''.\n (b) Repeal of Prohibition on Payment of Interest on Demand \nDeposits.--\n (1) Federal reserve act.--Section 19(i) of the Federal \n Reserve Act (12 U.S.C. 371a) is amended to read as follows:\n ``(i) [Repealed].''.\n (2) Home owners' loan act.--Section 5(b)(1) of the Home \n Owners' Loan Act (12 U.S.C. 1464(b)(1)) is amended--\n (A) in subparagraph (B), by striking ``savings \n association may not--'' and all that follows through \n ``(ii) permit any'' and inserting ``savings association \n may not permit any''; and\n (B) by striking subparagraph (G).\n (3) Federal deposit insurance act.--Section 18(g) of the \n Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to \n read as follows:\n ``(g) [Repealed].''.\n (4) Effective date.--The amendments made by this subsection \n shall take effect at the end of the 2-year period beginning on \n the date of enactment of this Act.\n\nSEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In general.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a depository \n institution to meet the reserve requirements of this \n subsection applicable with respect to such depository \n institution shall receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate or rates not to exceed the general \n level of short term interest rates.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(B), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions which are not \n member banks.''.\n (b) Technical and Conforming Amendments.--\n (1) Section 19(b) of federal reserve act.--Section 19(b)(4) \n of the Federal Reserve Act (12 U.S.C. 461(b)(4)) is amended--\n (A) by striking subparagraph (C); and\n (B) by redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively.\n (2) Section 19(c) of federal reserve act.--Section \n 19(c)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(A)) \n is amended by striking ``subsection (b)(4)(C)'' and inserting \n ``subsection (b)''.\n\n <greek-d>","summary":"Interest on Business Checking Act of 2001 - Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to: (1) provide that a depository institution may permit owners of interest or dividend paying accounts to make up to 24 transfers monthly for any purpose to their other demand deposits in the same institution. And (2) repeal the proscription against the payment of interest on demand deposits. Prescribes conditions for interest payments on escrow accounts. Amends the Federal Reserve Act to require a Federal reserve bank to pay interest at least quarterly on any balance maintained by a depository institution at the reserve bank to meet its reserve requirements.","title":"A bill to amend Federal banking law to permit the payment of interest on business checking accounts in certain circumstances, and for other purposes.","text_len":9499,"sum_len":707} {"bill_id":"110_hr5515","text":".--\n (1) In general.--Section 233(e) of such Act (42 U.S.C. \n 433(e)) is amended by striking paragraph (2) and inserting the \n following new paragraphs:\n ``(2)(A) Except as provided in paragraph (4) or (5), the agreement \ntransmitted to the Congress pursuant to paragraph (1) may enter into \nforce according to its terms or upon the expiration of the period of 60 \ncalendar days following the date of its transmittal to each House of \nthe Congress (excluding Saturdays, Sundays, holidays, and days on which \neither House of Congress is not in session), whichever is later.\n ``(B) Whenever a document setting forth an agreement entered into \nunder this section and the President's report in support of the \nagreement is transmitted to the Congress pursuant to paragraph (1), \ncopies of such document shall be delivered to both Houses of Congress \non the same day and shall be delivered to the Clerk of the House of \nRepresentatives if the House is not in session and to the Secretary of \nthe Senate if the Senate is not in session.\n ``(3)(A) Any document setting forth an agreement entered into under \nthis section and transmitted to each House of the Congress pursuant to \nparagraph (1) shall set forth a determination of the Chief Actuary of \nthe Social Security Administration as to whether there is expected, \nover the 75-year period following the date of the entry into force of \nthe agreement, a net reduction in any positive actuarial balance for \nsuch period of the social security system established by this title (or \na net increase in any negative actuarial balance for such period for \nsuch system) attributable to the operation of such agreement equal to \nat least 0.005 percent of the present value of taxable payroll for such \nperiod.\n ``(B) For purposes of this paragraph--\n ``(i) The term `actuarial balance' means, with respect to a \n period, the difference between the adjusted summarized income \n rate over such period and the adjusted summarized cost rate \n over such period.\n ``(ii) The term `taxable payroll' means, for a period, the \n total wages (as defined in section 209) to be paid, and self-\n employment income (as defined in section 211(b)) to be derived, \n during such period.\n ``(iii) The term `adjusted summarized income rate' means, \n over a period, the ratio (expressed as a percentage) of the sum \n of the trust fund balance at the beginning of the period plus \n the present value of the total income from taxes during such \n period, to the present value of the taxable payroll for such \n period.\n ``(iv) The term `adjusted summarized cost rate' means, over \n a period, the ratio (expressed as a percentage) of the sum of \n the present value of the cost during such period plus the \n present value of the targeted trust fund balance, to the \n present value of the taxable payroll for the years for such \n period.\n ``(v) The term `trust fund balance' means the combined \n balance of the Federal Old-Age and Survivors Insurance Trust \n Fund and the Federal Disability Insurance Trust Fund \n (hereinafter in this subparagraph referred to as the `Trust \n Funds').\n ``(vi) The term `income from taxes' means, during a period, \n the amounts deposited in the Trust Funds as appropriations \n during the period based on taxes under chapters 2 and 21 and \n section 86 of the Internal Revenue Code of 1986.\n ``(vii) The term `cost' means, during a period, \n disbursements from the Trust Funds during such period, \n including scheduled benefit payments, special monthly payments \n to certain uninsured persons who have 3 or more quarters of \n coverage (and whose payments are therefore not reimbursable \n from the general fund of the Treasury), administrative \n expenses, net transfers from the Trust Funds to the Railroad \n Retirement program under financial-interchange provisions, and \n payments for vocational rehabilitation services for disabled \n beneficiaries, and excluding special monthly payments to \n certain uninsured persons whose payments are reimbursable from \n the general fund of the Treasury, and transfers under the \n interfund borrowing provisions of section 201(l).\n ``(viii) The term `target trust fund balance' means the \n trust fund balance, as of the end of the 75-year period \n described in subparagraph (A), necessary to support an OASDI \n trust fund ratio (as defined in section 201(l)(3)(B)(iii)) of \n 100 percent for the year following the last year of such \n period.\n ``(C) In making determinations under this paragraph, the Chief \nActuary shall employ the intermediate assumptions of the Board of \nTrustees of the Federal Old-Age and Survivors Insurance Trust Fund and \nthe Federal Disability Insurance Trust Fund in its most recent annual \nreport issued pursuant to section 201.\n ``(4) An agreement entered into under this section shall not enter \ninto force if there is enacted into law, during the period of 60 \ncalendar days specified in paragraph (2)(A), a bill or joint resolution \ndisapproving such agreement.\n ``(5) In any case in which the determination of the Chief Actuary \ndescribed in subparagraph (A) of paragraph (3) in connection with an \nagreement entered into under this section is that, with respect to the \n75-year period described in such subparagraph, there is expected a net \nreduction, in the actuarial balance for such period of the social \nsecurity system established by this title, which--\n ``(A) is attributable to the operation of such agreement, \n and\n ``(B) is equal to at least 0.005 percent of the present \n value of taxable payroll for such period,\nsuch agreement shall not enter into force unless, during the period of \n60 calendar days specified in paragraph (2)(A), there is enacted into \nlaw a bill or joint resolution approving such agreement.\n ``(6)(A) The provisions of this paragraph are enacted by the \nCongress--\n ``(i) as an exercise of the rulemaking power of the House \n of Representatives and the Senate, respectively, and as such \n they are deemed a part of the rules of each House, \n respectively, but applicable only with respect to the procedure \n to be followed in that House in the case of disapproval \n resolutions and approval resolutions, and they supersede other \n rules only to the extent that they are inconsistent therewith; \n and\n ``(ii) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner and to \n the same extent as in the case of any other rule of that House.\n ``(B) During the period of 60 calendar days specified in paragraph \n(2)(A), it shall be in order as a matter of highest privilege in each \nHouse of the Congress to consider a bill or joint resolution described \nin paragraph (4) or (5) providing solely for the disapproval or \napproval of an agreement entered into under this section, if offered by \nthe majority leader or minority leader of such House (or a designee).\n ``(C) For purposes of consideration of a bill or joint resolution \ndescribed in paragraph (4) or (5) providing solely for approval or \ndisapproval of an agreement under this section, the agreement shall not \nbe subject to amendment after the transmittal to each House of the \nCongress pursuant to paragraph (1).''.\n (2) Effective date.--The amendment made by this subsection \n shall apply with respect to agreements, establishing \n totalization arrangements pursuant to section 233 of the Social \n Security Act, which are transmitted to the Congress on or after \n the date of the enactment of this Act.\n (3) Special rule.--Notwithstanding subsection (e) of \n section 233 of the Social Security Act (as in effect prior to \n the amendments made by this section), any agreement entered \n into pursuant to such section 233, establishing totalization \n arrangements between the social security system established by \n title II of such Act and the social security system of another \n country, which--\n (A) was signed by the Commissioner of Social \n Security in June 2004, and\n (B) was transmitted to the Congress pursuant to \n such subsection (e) on or after September 1, 2007, and \n before the date of the enactment of this Act,\n shall be deemed not to have entered into force as of the date \n of the enactment of this Act and shall be deemed to enter into \n force after such date only as provided in section 233(e) of \n such Act (as amended by this section) as if such agreement had \n been transmitted to the Congress on the date on which the \n President transmits to the Congress on or after such date, \n pursuant to section 233(e)(1) of such Act (as amended by this \n section), a report in support of such agreement meeting the \n requirements of such section 233(e)(1) (as so amended).\n (c) Biennial Reports to the Congress Regarding Ongoing Operation of \nTotalization Agreements.--\n (1) In general.--Section 233 of such Act (42 U.S.C. 433) is \n amended by adding at the end the following new subsection:\n\n ``Biennial Oversight Reports\n\n ``(f) The Commissioner of Social Security shall submit biennially \nto the Committee on Ways and Means of the House of Representatives and \nthe Committee on Finance of the Senate a report evaluating the \noperation, during the preceding 2-year period covered by the report, of \neach agreement entered into pursuant to this section. Such report shall \ninclude--\n ``(1) if the report is submitted during the 10-year period \n following the date on which the agreement enters into force, \n the change in benefit costs under the social security system \n established by this title which is attributable to the \n agreement, as estimated as of the date of the report, and the \n change in contributions under such system which is attributable \n to such agreement, as so estimated,\n ``(2) information relating to actual, or perceived \n potential, fraudulent receipt of benefits attributable to the \n operation of the agreement under the social security system \n established by this title,\n ``(3) information relating to perceived problems with the \n integrity of the other country's data and records used in \n determining eligibility for benefits or benefit amounts, and\n ``(4) if the report is submitted during the 10-year period \n following the date on which the agreement enters into force, \n information relating to demographic or other trends that may \n cause future deviations from the original estimates of costs to \n each social security system which are attributable to the \n agreement.''.\n (2) Initial report.--The Commissioner of Social Security \n shall submit the initial report pursuant to section 233(f) of \n the Social Security Act (added by this subsection) not later \n than December 31, 2008.\n\nSEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS REMOVED FROM THE \n UNITED STATES.\n\n (a) In General.--Section 202(n)(1) of the Social Security Act (42 \nU.S.C. 402(n)(1)) is amended--\n (1) in subparagraph (A), by striking ``, on the basis of \n his wages and self-employment income,'';\n (2) in subparagraph (B), by striking ``and'' at the end;\n (3) in subparagraph (C), by striking the period and \n inserting ``, and''; and\n (4) by adding at the end the following new subparagraph:\n ``(D) no lump sum death payment shall be made to such \n individual after the Commissioner of Social Security is \n notified by the Attorney General or the Secretary of Homeland \n Security that such individual has been so removed.''.\n (b) Effective Date.--The amendments made by this section shall \napply to any individual with respect to whose removal from the United \nStates the Commissioner of Social Security receives notification from \nthe Attorney General or the Secretary of Homeland Security after the \ntwelfth month that begins after the date of the enactment of this Act.","summary":"New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) . Permits employers subject to employee verification requirements to do so under EEVS or SEEVS. Sets forth provisions respecting: (1) voluntary and expedited participation. (2) employer penalties for failure to participate in EEVS or SEEVS, (3) employer and employee information and document requirements, (4) employer liability protection, (5) attestation. And (6) consequences of EEVS determinations. States that nothing in this Act shall be construed to require a national identification card. Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends title II of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires. States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to US citizens and nationals and by the Secretary of Homeland Security with respect to aliens. And (2) the individual is a citizen or national or is not an unauthorized alien. Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations, (2) administrative and judicial review of employment disapproval, (3) EEVS implementation. And (4) data use by EEVS. Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees Permits an employer to opt out of SEEVS after one year's participation. Sets forth provisions respecting: (1) certification of entities. (2) database management, including limitations on accessibility and the use and storage of biometric data, (3) employer responsibilities, (4) employee protections. And (5) information security and confidentiality, including penalties for violations. Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act. Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS, (2) increase civil money penalties for unfair employment practice violations. (3) increase civil money penalties for certain hiring, recruiting, and referral violations. And (4) increase criminal penalties for pattern or practice violations. Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information, (2) deny credit toward earnings benefits from unauthorized work, (3) revise totalization agreement provisions. And (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.","title":"To amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, to amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other purposes.","text_len":12849,"sum_len":3229} {"bill_id":"115_hr4953","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Advancing Innovation and \nReinvigorating Widespread Access to Viable Electromagnetic Spectrum \nAct'' or the ``AIRWAVES Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that the United States should strive \nto--\n (1) advance innovation with respect to, and investment in, \n wireless broadband Internet access;\n (2) promote the benefits of connecting all individuals in \n the United States to quality wireless broadband Internet \n access, including those individuals in rural communities; and\n (3) support comprehensive, technology-neutral spectrum \n policy that includes licensed, unlicensed, and shared use of \n spectrum bands.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``appropriate committees of Congress'' means--\n (A) the Committee on Commerce, Science, and \n Transportation of the Senate;\n (B) the Committee on Energy and Commerce of the \n House of Representatives; and\n (C) any other congressional committee with \n jurisdiction over a matter;\n (2) the term ``Commission'' means the Federal \n Communications Commission;\n (3) the term ``eligible Federal entity'' means an entity \n described in section 113(g)(1) of the National \n Telecommunications and Information Administration Organization \n Act (47 U.S.C. 923(g)(1));\n (4) the term ``eligible frequency'' means a frequency with \n respect to which the costs incurred by an eligible Federal \n entity in relocating from the frequency may be reimbursed from \n the Spectrum Relocation Fund;\n (5) the term ``Federal entity'' has the meaning given the \n term in section 113(l) of the National Telecommunications and \n Information Administration Organization Act (47 U.S.C. 923(l));\n (6) the term ``NTIA'' means the National Telecommunications \n and Information Administration;\n (7) the term ``Spectrum Frontiers proceeding'' means the \n Report and Order and Further Notice of Proposed Rulemaking in \n the matter of Use of Spectrum Bands Above 24 GHz for Mobile \n Radio Services, adopted by the Commission on July 14, 2016 (FCC \n 16-89);\n (8) the term ``Spectrum Relocation Fund'' means the fund \n established under section 118 of the National \n Telecommunications and Information Administration Organization \n Act (47 U.S.C. 928); and\n (9) the term ``system of competitive bidding'' means a \n system of competitive bidding conducted under section 309(j) of \n the Communications Act of 1934 (47 U.S.C. 309(j)).\n\nSEC. 4. SPECTRUM FRONTIERS PROCEEDING.\n\n Not later than 1 year after the date of enactment of this Act, the \nCommission shall complete the rule making to which the Spectrum \nFrontiers proceeding relates.\n\nSEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM.\n\n (a) FCC Responsibilities.--\n (1) In general.--The Commission, in consultation with the \n NTIA, shall--\n (A) not later than December 31, 2018, complete a \n system of competitive bidding to grant priority access \n licenses for the use of 70 megahertz of spectrum in the \n frequencies between 3550 megahertz and 3650 megahertz;\n (B) not later than December 31, 2018, complete a \n system of competitive bidding for the use of spectrum \n in frequencies between--\n (i) 24250 megahertz and 24450 megahertz;\n (ii) 24750 megahertz and 25250 megahertz;\n (iii) 27500 megahertz and 28350 megahertz, \n consistent with the spectrum sharing framework \n adopted for that frequency band as part of the \n Spectrum Frontiers proceeding;\n (iv) 37600 megahertz and 38600 megahertz;\n (v) 38600 megahertz and 40000 megahertz; \n and\n (vi) 47200 megahertz and 48200 megahertz; \n and\n (C) not later than December 31, 2020, complete a \n system of competitive bidding for the use of spectrum \n in frequencies between--\n (i) 31800 megahertz and 33400 megahertz;\n (ii) 42000 megahertz and 42500 megahertz; \n and\n (iii) 50400 megahertz and 52600 megahertz.\n (2) Requirements relating to 3550-3700 mhz band.--\n Consistent with the Commission's rules governing the Citizens \n Broadband Radio Service and the Report and Order and Second \n Further Notice of Proposed Rulemaking in the matter of \n Amendment of the Commission's Rules with Regard to Commercial \n Operations in the 3550-3650 MHz Band, adopted by the Commission \n on April 17, 2015 (FCC 15-47)--\n (A) 30 megahertz of spectrum in the frequencies \n between 3550 megahertz and 3650 megahertz shall be \n reserved for general authorized access use; and\n (B) the frequencies between 3650 megahertz and 3700 \n megahertz shall be reserved for grandfathered wireless \n broadband licensees and general authorized access \n users.\n (b) Identifying Frequencies Between 7125 Megahertz and 8400 \nMegahertz To Be Utilized for Unlicensed Purposes.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the NTIA, in consultation with the \n Commission, shall identify any frequency between 7125 megahertz \n and 8400 megahertz with respect to which there is the potential \n for unlicensed use without causing harmful interference with \n incumbents.\n (2) Rule making.--If the NTIA, in consultation with the \n Commission, makes an identification described in paragraph (1), \n the Commission shall consider initiating a rule making with \n respect to the unlicensed use described in that paragraph.\n (c) Report on Reallocation of Certain Incumbent Federal Stations.--\n (1) In general.--Not later than December 31, 2020, the \n NTIA, in consultation with the Director of the Office of \n Management and Budget, shall submit to the appropriate \n committees of Congress a report relating to the relocation of \n incumbent Federal stations authorized to use spectrum in the \n frequencies between 1300 megahertz and 1350 megahertz and \n between 1780 megahertz and 1830 megahertz in order to \n facilitate the reallocation of such spectrum from Federal to \n non-Federal use.\n (2) Timing.--The relocation described in paragraph (1) with \n respect to the frequencies between 1780 megahertz and 1830 \n megahertz shall take place not earlier than 2023.\n (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 \nof the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended--\n (1) in subsection (a), by striking ``30 megahertz'' and \n inserting ``100 megahertz''; and\n (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' \n and inserting ``July 1, 2023''.\n\nSEC. 6. MODERNIZING MID-BAND SPECTRUM.\n\n (a) In General.--\n (1) Spectrum identification.--Not later than December 31, \n 2019, the Commission, in consultation with the NTIA, shall \n identify up to 500 megahertz of additional spectrum in the \n frequencies between 3700 megahertz and 4200 megahertz to make \n available for commercial licensed use.\n (2) Spectrum auction.--Not later than December 31, 2022, \n the Commission shall complete a system of competitive bidding \n for the use of spectrum identified under paragraph (1).\n (b) Rule Making on the Unlicensed Use of the Frequency Band Between \n5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the \ndate of enactment of this Act, the Commission, in consultation with the \nNTIA, shall issue a notice of proposed rule making with respect to \ncreating opportunities for the unlicensed use of spectrum in the \nfrequencies between 5925 and 7125 megahertz without causing harmful \ninterference with any incumbents in that band.\n\nSEC. 7. RURAL SET-ASIDE.\n\n (a) In General.--Notwithstanding section 309(j)(8) of the \nCommunications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall \nallocate 10 percent of the proceeds from each system of competitive \nbidding conducted under this Act for the deployment of wireless \ninfrastructure in areas that the Commission has determined are \nunderserved or unserved with respect to wireless broadband Internet \naccess service.\n (b) Limitations.--No amounts allocated under subsection (a) may be \ncombined with amounts that are used to fund any other program that is \nin existence on the date on which the allocation is made, including any \nprogram established under section 254 of the Communications Act of 1934 \n(47 U.S.C. 254).\n\nSEC. 8. SPECIAL RULES.\n\n With respect to any frequency band described in this Act (in this \nsection referred to as the ``covered band''), if the relocation of an \nincumbent from the covered band to another equivalent frequency band is \nnot possible, and if the Commission determines that no mitigation \ntechnology, alternative sharing approach, or incentives-based approach \nwould reliably prevent harmful interference to incumbents in the \ncovered band, the Commission--\n (1) shall provide notification of that determination to the \n appropriate committees of Congress and the NTIA; and\n (2) may not proceed with any action, including relocating \n incumbents from the covered band or permitting new entrants \n into the covered band, that may result in the dislodging or \n harming of any incumbent in the covered band until the \n Commission can ensure that any such action will neither cause \n harmful interference with nor unreasonably constrain an \n incumbent in the covered band.\n\nSEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED \n SPECTRUM FOR RURAL COMMUNITIES.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Commission shall conduct, and submit to the \nappropriate committees of Congress the results of, a study regarding \nhow unlicensed spectrum can be further utilized to assist in--\n (1) the provision of healthcare in rural areas;\n (2) distance learning; and\n (3) facilitating innovations in agriculture.\n (b) Recommendations.--The results of the study submitted under \nsubsection (a) shall include recommendations regarding--\n (1) overcoming barriers to the use of unlicensed spectrum \n for the purposes described in that subsection; and\n (2) how to further utilize unlicensed spectrum to meet the \n needs of rural communities with respect to broadband Internet \n access service.\n\nSEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Comptroller General of the United States shall conduct, and submit \nto the appropriate committees of Congress the results of, a study to \ndetermine the efficiency with which amounts in the Spectrum Relocation \nFund are transferred to eligible Federal entities that willingly \nrelocate from eligible frequencies.\n\nSEC. 11. RULES OF CONSTRUCTION.\n\n (a) Frequency Ranges.--Any frequency range described in this Act \nshall be construed as including the upper and lower frequency in the \nfrequency range.\n (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing \nin this Act may be construed as affecting any requirement under section \n156 of the National Telecommunications and Information Administration \nOrganization Act (47 U.S.C. 921 note).","summary":"Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission (FCC) to complete auctionsnbsp, by December 31, 2020, that willnbsp. Grant priority access broadcast licenses for specified frequency spectrum bands. The FCC and the National Telecommunications and Information Administration are directed to identify frequenciesnbsp, innbsp, specified spectrumnbsp, bandsnbsp. That may be utilized for non-federal unlicensed use and commercial licensed use. The FCC must allocate 10 of proceeds from each of the spectrum band auctions specified in the billnbsp, tonbsp. Expand wireless infrastructure in rural areas that are underserved or unserved. The FCC shall conduct a study on how unlicensed frequency spectrum bandsnbsp. Can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture.","title":"Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act","text_len":12380,"sum_len":975} {"bill_id":"104_hr2109","text":"SECTION 1. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) an individual's ability to survive periods of severe \n heat is based, in part on income, age, and health risks;\n (2) such a connection is well established and is proven by \n recent tragic deaths in and around the City of Chicago and Cook \n County, Illinois; and\n (3) reports published by the Centers for Disease Control \n indicate that the absence of air conditioning is a major factor \n contributing to illness and death during periods of extreme \n heat, especially among the elderly.\n\nSEC. 2. DECLARATION AND NOTIFICATION OF A HEAT EMERGENCY.\n\n Title 15, United States Code, is amended by adding the following \nnew section:\n ``Sec. 330. (a) The Director of the National Weather Service shall \nnotify the Secretary of Health and Human Services whenever any State, \ncounty, municipality, or other jurisdiction is subject to a heat \nemergency which threatens the health of its residents.\n ``(b) Such notification shall be delivered to the Secretary within \none hour of the declaration being determined.''.\n\nSEC. 3. AUTHORIZATION OF A POOL OF EMERGENCY FUNDS; EMERGENCY EXPANSION \n OF ENERGY ASSISTANCE ELIGIBILITY.\n\n (a) Establishment of an ``Emergency Cooling Fund''.--\n (1) Section 8621 of title 42, United States Code, is \n amended by adding at the end the following new section:\n ``(e) There is authorized a pool of monies that shall be added to \nthe appropriations, referred to in this section; such funds shall be \ndesignated for the expressed purpose of providing assistance to low \nincome recipients and seniors for the duration of a declared heat \nemergency.''.\n (2) Prior to authorization of the Fund referred to in (a) \n of this section, the Secretary of Health and Human Services \n shall research and report to Congress on the amount of funds \n needed to fully compensate public utilities for the delivery of \n energy necessary to sufficiently cool the residencies of a \n LIHEAP recipient in a manner that will alleviate the likelihood \n of heat-related illness and prevent the worsening of \n preexisting acute conditions.\n (3) The Secretary shall take into account the following \n when determining the amount of money necessary to fund the \n ``Emergency Cooling Fund''--\n (A) the number of current LIHEAP recipients;\n (B) the amount of energy needed to cool the homes \n of LIHEAP recipients; and\n (C) the number of days in the previous calendar \n year in which the National Weather Service declared a \n heat emergency in areas served by LIHEAP.\n (4) The pool of monies established by Congress shall be no \n smaller than an amount equal to three times the amount referred \n to in the Secretary's report as being necessary to operate such \n a fund.\n (b) Eligibility of Seniors for Heat Related Assistance.--Section \n8642(b)(2) of title 42, United States Code, is amended by adding the \nfollowing: ``or (C) households with senior residents who, because of \nage and\/or medical condition, may be susceptible to heat related \nillness.''.\n\nSEC. 4. USE OF ENERGY ASSISTANCE FUNDS DURING HEAT EMERGENCY.\n\n (a) Immediately upon receiving a notification of a heat emergency \ndeclaration referred to in section 2 of this Act, the Secretary of \nHealth and Human Services shall direct the Governor of each State in \nwhich the emergency was declared that a portion funds referred to in \nsection 8622 of title 42, United States Code, commonly known as \n``LIHEAP'', as augmented by the funds referred to in section 3 of this \nAct, shall be designated by the State for the express use of providing \nenergy to cool the residencies of current LIHEAP recipients, augmented \nby section 3 of this Act, during heat emergencies.\n (b) The Secretary of Health and Human Services shall, within five \ndays of the passage of this Act, inform the Governors of the States \nthat compliance with this Act is mandated.\n (c) Within ten days of the passage of this Act, the Governors of \neach State shall submit to the Secretary notification that provisions \nhave been made, in conjunction with public utilities responsible for \nthe delivery of electricity in the State, to provide for compensation \nto eligible LIHEAP recipients under this Act and such provisions \nshall--\n (1) provide for compensation to all LIHEAP recipients to \n cover the full and total amount necessary to operate not less \n than one appliance to cool the recipient's residence; and\n (2) such compensation shall be in effect during the period \n in which a heat emergency is in effect in the state, and for \n the twenty-four hour period immediately following and \n immediately proceeding the declaration of the heat emergency.\n (d) No funds referred to in this Act shall be available to any \nState not submitting such notification to the Secretary within the \nallotted time.\n (e) Enhancement of Federal Oversight of Compliance by the States.--\nSection 8624(b) of title 42, United States Code, is amended by striking \nthe following language: ``The Secretary may not prescribe the manner in \nwhich the States will comply with the provisions of the subsection.''\n\nSEC. 5. EXPEDITED DISTRIBUTION OF AIR CONDITIONING UNITS AND OTHER \n EQUIPMENT.\n\n (a) The Administrator of the General Services Administration shall \nreceive notification of any declaration of a heat emergency as \nreferenced in section 2 of this Act.\n (b) Such notification shall cause the Administrator to initiate \nprocedures to locate any equipment, fixtures, and appliances--\nincluding, but not limited to, air conditioners and fans--that are \ncurrently available through the Federal Supply Service or any other \nentity overseeing surplus Federal property.\n (c) The Administrator shall initiate expedited procedures to \ndistribute such property to representatives of States and \nmunicipalities affected by the heat emergency, and to social service \nagencies and individuals located in those areas.","summary":"Amends Federal law to require the Director of the National Weather Service to notify the Secretary of Health and Human Services of a heat emergency. Establishes an Emergency Cooling Fund to provide assistance to low-income families and senior citizens during a declared heat emergency. Makes senior citizens eligible for heat related assistance. Provides for the use of energy assistance funds during a heat emergency. Directs that the Administrator of the General Services Administration shall: (1) be notified of any declared heat emergency. And (2) expedite distribution of air conditioning units and other cooling equipment to affected localities.","title":"To amend title 42, United States Code and title 15, United States Code to establish provisions to assist low income families and seniors in the event of severe heat emergencies.","text_len":6317,"sum_len":651} {"bill_id":"110_hr6203","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cure and Understanding through \nResearch for Alzheimer's Act of 2008'' or the ``La Cura Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) The incidence and prevalence of Alzheimer's disease \n increase with age. Alzheimer's disease is currently the seventh \n leading cause of death of all ages in the United States (and \n the fifth leading cause of death for people over 65 years of \n age), with 5.2 million individuals in the United States living \n with Alzheimer's disease. Currently, one of each eight \n individuals in the United States over age 65 has Alzheimer's \n disease. Every 71 seconds, an individual in the United States \n develops Alzheimer's disease, and by 2050, every 33 seconds an \n individual in the United States will develop this disease. By \n 2050, the number of individuals in the United States age 65 and \n over with Alzheimer's disease will range from 11 million to 16 \n million individuals. It is projected that by 2050, more than 60 \n percent of individuals in the United States with Alzheimer's \n disease will be age 85 or older.\n (2) The prevalence of Alzheimer's disease and dementia \n seems to be higher among individuals with fewer years of \n education. Individuals with fewer than 12 years of education \n have a 15 percent greater risk of developing dementia than \n individuals with 12 to 15 years of education and a 35 percent \n greater risk of developing dementia than individuals with more \n than 15 years of education.\n (3) Hispanics are the fastest growing population in the \n Nation and by 2050, will have a life expectancy of 87 years, \n longer than any other ethnic or racial group. The Hispanic \n community in the United States is projected to experience a \n six-fold increase in Alzheimer's disease (from fewer than \n 200,000 to as many as 1.3 million) by 2050.\n (4) Hispanics may be at a greater risk of developing \n dementia than other ethnic or racial groups: Hispanics' 64-\n percent higher incidence of diabetes than non-Hispanic white \n Americans is of particular concern in light of new findings \n that diabetes is the one vascular risk factor that, in the \n absence of stroke, is related to an increased risk of \n Alzheimer's disease.\n (5) Research on disparities in Alzheimer's risk factors \n between Hispanic and other ethnic and racial groups is only \n beginning to sort out complex differences: for example, even in \n the absence of the APOE-e4 allele, the one known genetic risk \n factor for late onset Alzheimer's, Caribbean Hispanics have a \n cumulative risk for Alzheimer's twice that of non-Hispanic \n whites.\n (6) The shortage of bilingual health professionals, \n combined with the large population of monolingual Spanish-\n speaking seniors, make adequate testing and diagnosis of \n Alzheimer's among elderly Hispanics difficult and may lead to \n cultural biases in cognitive testing. Moreover, inadequate \n translation of diagnostic tools can lead to improper diagnoses, \n and there may be poor understanding of recommended treatment \n and self-care even among those who are properly diagnosed.\n (7) Hispanics are far more likely to be uninsured than any \n other ethnic group: the Bureau of the Census reports that 34.1 \n percent of the Hispanic population in the United States is \n uninsured, compared to 10.8 percent for non-Hispanic whites and \n 15.3 percent for all United States residents.\n (8) Lack of access to health care and a strong cultural \n commitment to caring for one's elders within the family are \n among the factors that make Hispanics with dementia less likely \n than non-Hispanics to see a physician and use related services \n provided by formal health professionals: delays in diagnosis \n and lack of early and consistent treatment can lead to higher \n levels of impairment and increased stress on family caregivers.\n (9) Hispanic elders are second most likely, after Asian \n Americans, to live with their families rather than in long term \n care facilities. More research is needed to better understand \n the effects of differing care settings on family caregivers and \n Alzheimer's patients.\n (10) Alzheimer's disease costs the United States $148 \n billion each year in direct and indirect costs to business, the \n Medicare program, and the Medicaid program (not including \n private health insurance costs).\n\nSEC. 3. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE.\n\n Subpart 5 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285e et seq.) is amended by adding at the end the following \nnew section:\n\n``SEC. 445J. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE.\n\n ``(a) Research Activities.--In conducting research relating to \nAlzheimer's disease, the Director of the National Institutes of Health \nshall ensure sufficient resources for activities relating to \nAlzheimer's disease and Hispanic communities, including by--\n ``(1) increasing efforts in epidemiological work in \n Hispanic subgroups;\n ``(2) allocating resources to the National Institute on \n Aging Alzheimer's disease research centers and other academic \n centers involved in Alzheimer's disease research to increase \n participation of Hispanics and other under represented ethnic \n groups in research and clinical trials in sufficient numbers to \n draw valid conclusions; and\n ``(3) conducting social, behavioral, and health services \n research--\n ``(A) to understand more fully the underlying \n reasons that Hispanic individuals delay diagnosis and \n underutilize services;\n ``(B) to identify culturally and linguistically \n appropriate approaches for addressing such delays and \n underutilization; and\n ``(C) to identify approaches for providing, and \n improving the quality of, culturally competent care.\n ``(b) Education Activities.--The Director of the National \nInstitutes of Health shall expand and intensify efforts of the National \nInstitutes of Health--\n ``(1) to educate communities about the importance of \n research relating to Alzheimer's disease; and\n ``(2) to respond effectively to cultural concerns about \n participation in such research, especially with respect to \n sensitive matters like the collection of brain tissue and \n genetic information.''.\n\nSEC. 4. INCREASED FUNDING FOR ALZHEIMER'S DISEASE DEMONSTRATION GRANTS.\n\n Section 398B(e) of the Public Health Service Act (42 U.S.C. 280c-\n5(e)) is amended--\n (1) by striking ``and such'' and inserting ``such''; and\n (2) by inserting before the period at the end ``, \n $25,000,000 for fiscal year 2009, and such sums as may be \n necessary for each of the fiscal years 2010 through 2013''.\n\nSEC. 5. CDC OUTREACH AND EDUCATION.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317S the following:\n\n``SEC. 317T. EDUCATION AND OUTREACH ON ALZHEIMER'S DISEASE.\n\n ``(a) Purposes.--The purposes of this section are the following:\n ``(1) To reduce the risk of Alzheimer's disease through \n reduction of vascular risk factors.\n ``(2) To encourage early recognition and diagnosis of \n dementia.\n ``(3) To train public health personnel to recognize, \n assess, diagnose, and treat Alzheimer's disease in ways that \n are culturally appropriate and supportive of families.\n ``(b) Education and Outreach.--To achieve the purposes of this \nsection, the Secretary, acting through the Centers for Disease Control \nand Prevention, shall conduct an aggressive, evidence-based education \nand outreach program to promote public awareness and risk reduction \nwith respect to Alzheimer's disease. In conducting the outreach \nprogram, the Secretary shall consult with State Health Departments and \nmay consult with other appropriate entities, including the Alzheimer's \nAssociation.\n ``(c) Emphasis.--In carrying out this section, the Secretary shall \ngive particular emphasis to education and outreach in Hispanic \npopulations.''.","summary":"Cure and Understanding through Research for Alzheimer's Act of 2008 or La Cura Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by: (1) increasing efforts in epidemiological work in Hispanic subgroups. (2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in such research to increase participation of Hispanics and other underrepresented ethnic groups in research and clinical trials in sufficient numbers to draw valid conclusions. And (3) conducting social, behavioral, and health services research to understand the underlying reasons why Hispanic individuals delay diagnosis and underutilize services, to identify culturally and linguistically appropriate approaches to address such delays and underutilization, and to identify approaches for providing, and improving the quality of, culturally competent care. Requires the Director to expand and intensify NIH efforts to educate communities about the importance of research relating to Alzheimer's disease and to respond effectively to cultural concerns about participation in such research. Authorizes appropriations for a program of grants to states to carry out demonstration programs related to Alzheimer's disease. Requires the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), to conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease, particularly to Hispanic populations.","title":"To amend the Public Health Service Act to ensure sufficient resources and increase efforts for research at the National Institutes of Health relating to Alzheimer's disease, to authorize an education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease (with particular emphasis on education and outreach in Hispanic populations), and for other purposes.","text_len":8825,"sum_len":1753} {"bill_id":"115_hr2804","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airline Consumer Protection Act of \n2017''.\n\nSEC. 2. INTERLINING.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall issue a final rule requiring an air \ncarrier to seek, in the event of a delay exceeding 3 hours, \ncancellation, or misconnection as a result of circumstances or an event \nwithin an air carrier's control, as determined by the Secretary of \nTransportation, alternative transportation for displaced passengers, \nincluding aboard another air carrier capable of transporting the \npassenger to his or her originally scheduled destination, and to \naccept, for a reasonable fee, the passengers of another air carrier who \nhave been displaced by circumstances or an event within that air \ncarriers control, as determined by the Secretary of Transportation, or \nif the passenger has been involuntarily denied boarding due to a lack \nof available seats.\n\nSEC. 3. GAO STUDY.\n\n Not later than 1 year after the date of enactment of this Act, the \nComptroller General shall submit to the Committee on Commerce, Science, \nand Transportation of the Senate and the Committee on Transportation \nand Infrastructure of the House of Representatives a report containing \na review of the following:\n (1) The commonalities and differences of computer network \n architecture used by air carriers operating under part 121 of \n title 14, Code of Federal Regulations.\n (2) Analysis of operationally critical functions, including \n consideration of passenger-facing functions such as reservation \n and notification systems, aircraft dispatch functions and how \n information regarding such functions and systems is transmitted \n to outstations, maintenance monitoring and planning systems, \n and crew scheduling systems.\n (3) The impact of consolidated systems and software that \n handle multiple critical functions.\n (4) The most common causes of airline computer network \n disruptions.\n (5) Industry best practices to prevent, and mitigate the \n impacts of, network disruptions.\n\nSEC. 4. COMPUTER NETWORK RESILIENCY.\n\n (a) In General.--Any schedule change resulting from a computer \nnetwork disruption, security breach, or other inoperability, may be \nconsidered an event within an air carrier's control as determined by \nthe Secretary of Transportation.\n (b) Computer Network Resiliency Working Group.--The Secretary of \nTransportation shall work closely with the airline industry computer \nnetwork resiliency working group established under section 5 to improve \ncomputer networks for air carriers.\n (c) Final Rule.--Not later than 1 year after the enactment of this \nAct, the Secretary of Transportation shall publish a final rule that \nrequires an air carrier operating under part 121 of title 14, Code of \nFederal Regulations, to submit to the Administrator of the Federal \nAviation Administration a plan detailing, at a minimum--\n (1) the maintenance of computer network systems used to \n perform functions critical to the normal operation of the \n carrier;\n (2) the carrier's plan for restoring full functionality of \n such systems in the event of a service disruption;\n (3) the carrier's backup systems; and\n (4) the level of service and amenities offered to \n passengers whose flights are delayed or cancelled as a result \n of a computer network disruption and how the air carrier will \n comply with the plan requirements of section 6.\n (d) Plan Details.--Not later than 1 year after the establishment of \nthe airline industry computer network resiliency working group under \nsection 5, the contingency plan referred to in subsection (c) shall be \nsubmitted to the Administrator of the Federal Aviation Administration. \nNotwithstanding section 552 of title 5, United States Code (commonly \nknown as the Freedom of Information Act), such plan may not disclose to \nthe public any plan specifics. The air carrier shall make available a \ngeneral outline of the plan to the public.\n\nSEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP.\n\n (a) Establishment.--Not later than 90 days after the date of \nenactment of this Act, the Secretary of Transportation shall establish \nthe airline industry computer network resiliency working group \n(referred to in this section as ``the working group'') to serve as \nsubject matter experts to the Secretary to foster collaboration and \nfacilitate improvements in the resilience of computer networks used by \nair carriers in carrying out functions critical to the maintenance of \nregularly scheduled air transportation service, and in the recovery of \noperations in the event of network disruptions.\n (b) Objectives.--Objectives of the working group shall include \nefforts--\n (1) to promote communication and coordination regarding \n computer network architecture across the airline industry;\n (2) to promote engagement between industry and government \n stakeholders regarding the development of guidelines and best \n practices;\n (3) to review past disruptions and lessons learned; and\n (4) to serve as the liaison between industry and government \n representatives on research and development and emerging \n technologies that enhance computer network resiliency.\n (c) Membership.--Membership on the working group shall include \nrepresentatives who have responsibility for computer networks and their \nmaintenance, including--\n (1) at a minimum, Government representatives of the Federal \n Aviation Administration and the Department of Homeland \n Security; and\n (2) voluntary participation of representatives from the \n airline industry and their contractors and suppliers.\n (d) Meetings.--The working group shall meet not less than twice \neach year and may convene for additional meetings as needed. The group \nshall meet for a period of not less than 2 years.\n (e) Report.--The working group shall submit a report to the \nSecretary of Transportation that establishes voluntary guidelines for \nthe resiliency of airline computer networks that handle operationally \ncritical functions, best practices, and the conditions under which the \nworking group may need to periodically meet or reconvene.\n\nSEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS.\n\n Not later than 1 year after the enactment of this Act, the \nSecretary of Transportation shall modify part 259 of title 14, Code of \nFederal Regulations to include the following:\n (1) Adoption of plan.--Each covered carrier shall adopt a \n contingency plan for lengthy terminal delays for its scheduled \n flights at each large hub airport, medium hub airport, small \n hub airport and non-hub airport in the United States at which \n it operates or markets such air transportation service and \n shall adhere to its plan's terms.\n (2) Contents of plan.--Each contingency plan for any delay, \n cancellation, or misconnection, affecting a passenger who has \n been involuntarily denied boarding as a result of circumstances \n or an event within an air carrier's control, as determined by \n the Administration of the Federal Aviation Administration \n (except in the case in which the flight crew determines that a \n passenger poses a danger to the safety of the flight), shall \n include, at a minimum, the following:\n (A) Essential needs.--An air carrier shall ensure \n that essential needs, including food, water, restroom \n facilities, and assistance in the case of a medical \n emergency are met. If the only available seating on the \n carrier's next flight to the passenger's destination is \n a higher class of service than purchased, the carrier \n shall transport the passenger on the flight at no \n additional cost.\n (B) Meal voucher.--In the case of a delay exceeding \n 4 hours, the air carrier shall provide a meal voucher \n or, if at the request of the passenger, cash equivalent \n to the value of a meal voucher. An air carrier shall \n not be liable to reimburse the passenger for expenses \n related to meals if the passenger did not accepted such \n compensation when offered.\n (C) Lodging, transportation, and other vouchers.--\n (i) In general.--In the case of a delay, \n cancellation, or misconnection as a result of \n circumstances or an event within an air \n carrier's control, as determined by the \n Secretary of Transportation, of which any \n portion exceeding 2 hours occurs between the \n period of time between 10 p.m. and 3 a.m., \n local time, of the following day, and with no \n guarantee of reaccommodation aboard another \n flight to the passenger's destination within \n the following 2 hours after the initial 2-hour \n delay, an air carrier shall provide the \n passenger with lodging, transportation to and \n from the airport to the place of lodging, and \n meal expenses. At the request of the passenger, \n the carrier shall alternatively compensate such \n passenger with the cash equivalent to the value \n of the lodging, meals, and transportation, or a \n voucher of equivalent value for future travel \n on the carrier.\n (ii) Lodging unavailable.--If lodging is \n unavailable, an carrier shall compensate a \n passenger with the cash equivalent to the value \n of the lodging, meals, and transportation, or, \n at the request of the passenger, a voucher of \n equivalent value for future travel on the \n carrier.\n (iii) Proximity to residence.--The \n provisions of clauses (i) and (ii) shall not \n apply to a passenger whose permanent residence \n is 60 miles or less from the airport where such \n delay, cancellation, or misconnection occurred.\n (iv) Failure to accept initial \n compensation.--An air carrier shall not be \n liable to reimburse the passenger for expenses \n related to meals if the passenger did not \n accept such compensation when offered.\n\nSEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES.\n\n (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title \n49, United States Code is amended by adding the following:\n``Sec. 41725. Limitation on aircraft flights without functioning \n lavatories\n ``Not later than 90 days after the enactment of this Act, the \nSecretary of Transportation shall issue regulations to ensure that a \npassenger who has purchased a ticket in scheduled passenger interstate \nor intrastate air transportation or in an aircraft in nonscheduled \npassenger interstate or intrastate air transportation, shall not pay \nany associated fee to select an alternative flight if it is determined \nbefore departure that the lavatory is not functioning.''.\n (b) Clerical Amendment.--The analysis for such chapter is amended \nby adding at the end of the following:\n\n``41725. Limitation on aircraft flights without functioning \n lavatories''.","summary":"Airline Consumer Protection Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to: seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger. And accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats. The Government Accountability Office shall submit a report that reviews airline computer network functions. Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control. DOT shall: publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption, establish an airline industry computer network resiliency working group. Modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger. And issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning.","title":"Airline Consumer Protection Act of 2017","text_len":12240,"sum_len":1381} {"bill_id":"113_s1586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Enhanced Dental Care for Veterans \nAct of 2013''.\n\nSEC. 2. RESTORATIVE DENTAL SERVICES FOR VETERANS.\n\n Section 1710(c) of title 38, United States Code, is amended--\n (1) in the second sentence--\n (A) by redesignating subparagraphs (A) and (B) as \n clauses (i) and (ii), respectively; and\n (B) by redesignating paragraphs (1) and (2) as \n subparagraphs (A) and (B), respectively;\n (2) by inserting ``(1)'' after ``(c)'';\n (3) by striking ``The Secretary'' and inserting the \n following:\n ``(2) The Secretary''; and\n (4) by adding at the end the following new paragraph:\n ``(3) In addition to the dental services, treatment, and appliances \nauthorized to be furnished by paragraph (2), the Secretary may furnish \ndental services and treatment, and dental appliances, needed to restore \nfunctioning in a veteran that is lost as a result of any services or \ntreatment furnished under this subsection.''.\n\nSEC. 3. PILOT PROGRAM ON EXPANSION OF FURNISHING OF DENTAL CARE TO ALL \n ENROLLED VETERANS.\n\n (a) Pilot Program Required.--Commencing not later than 180 days \nafter the date of the enactment of this Act, the Secretary of Veterans \nAffairs shall carry out a pilot program to assess the feasibility and \nadvisability of furnishing dental care to veterans enrolled in the \nsystem of patient enrollment under section 1705 of title 38, United \nStates Code, who are not eligible for dental services and treatment, \nand related dental appliances, under current authorities.\n (b) Duration of Pilot Program.--The pilot program shall be carried \nout during the three-year period beginning on the date of the \ncommencement of the pilot program.\n (c) Locations.--\n (1) In general.--The Secretary shall carry out the pilot \n program at not fewer than 16 locations as follows:\n (A) Four Department of Veterans Affairs medical \n centers with an established dental clinic.\n (B) Four Department medical centers with a current \n contract for the furnishing of dental care.\n (C) Four Community-Based Outpatient Clinics (CBOCs) \n with space available for the furnishing of services and \n treatment under the pilot program.\n (D) Four facilities selected from among Federally \n Qualified Health Centers (FQHCs) and Indian Health \n Service facilities with established dental clinics, of \n which--\n (i) at least one facility shall be such an \n Indian Health Service facility; and\n (ii) any Indian Health Service facility so \n selected shall be selected in consultation with \n the Secretary of Health and Human Services.\n (2) Considerations.--In selecting locations for the pilot \n program, the Secretary shall consider the feasibility and \n advisability of selecting locations in each of the following:\n (A) Rural areas.\n (B) Areas that are not in close proximity to an \n active duty military installation.\n (C) Areas representing different geographic \n locations, such as census tracts established by the \n Bureau of Census.\n (d) Scope of Services.--The dental services and treatment furnished \nto veterans under the pilot program shall be consistent with the dental \nservices and treatment furnished by the Secretary to veterans with \nservice-connected disabilities rated 100 percent disabling under the \nlaws administered by the Secretary.\n (e) Voluntary Participation.--The participation of a veteran in the \npilot program shall be at the election of the veteran.\n (f) Limitation on Amount of Services.--\n (1) In general.--Except as provided in paragraph (3), the \n total amount the Secretary may expend furnishing dental \n services and treatment to any veteran participating in the \n pilot program during any one-year period may not exceed such \n amount as the Secretary determines appropriate. The amount so \n determined may not be less than $1,000.\n (2) Consultation.--The Secretary shall make the \n determination under paragraph (1)--\n (A) in consultation with the Director of the Indian \n Health Service; and\n (B) in consultation with the Director of the \n Centers for Medicare and Medicaid Services if one or \n more Federally Qualified Health Centers is selected as \n a location for the pilot program under subsection \n (c)(1)(D).\n (3) Services in excess of limitation amount.--The total \n amount expended by the Secretary in furnishing dental services \n and treatment to a particular veteran participating in the \n pilot program during a one-year period may exceed the amount \n determined under paragraph (1) if the Secretary determines, \n before furnishing such services and treatment, based on an \n examination of the veteran by a dentist participating in the \n pilot program that the furnishing of such services and \n treatment is necessary. Any determination under this paragraph \n shall be made on a case-by-case basis.\n (g) Copayments.--The Secretary may collect copayments for dental \nservices and treatment furnished under the pilot program in accordance \nwith authorities on the collection of copayments for medical care of \nveterans under chapter 17 of title 38, United States Code.\n (h) Program Administration.--\n (1) Notice to covered veterans on pilot program.--In \n carrying out the pilot program, the Secretary shall inform all \n veterans eligible to participate in the pilot program of the \n services and treatment available under the pilot program.\n (2) Contracts.--In carrying out the pilot program, the \n Secretary may enter into contracts with appropriate entities \n for the provision of dental services and treatment under the \n pilot program. Each such contract shall specify performance \n standards and metrics and processes for ensuring compliance of \n the contractor concerned with such performance standards.\n (i) Reports.--\n (1) Preliminary reports.--\n (A) In general.--Not later than each of one year \n and three years after the date of the commencement of \n the pilot program, the Secretary shall submit to the \n Committee on Veterans' Affairs of the Senate and the \n Committee on Veterans' Affairs of the House of \n Representatives a report on the pilot program.\n (B) Contents.--Each report under subparagraph (A) \n shall include the following:\n (i) A description of the implementation and \n operation of the pilot program.\n (ii) The number of veterans receiving \n services and treatment under the pilot program, \n and a description of the dental services and \n treatment furnished to such veterans.\n (iii) An analysis of the costs and benefits \n of the pilot program, including a comparison of \n costs and benefits by location type.\n (iv) The current findings and conclusions \n of the Secretary with respect to the pilot \n program.\n (v) Such recommendations for the \n continuation or expansion of the pilot program \n as the Secretary considers appropriate.\n (2) Final report.--\n (A) In general.--Not later than 180 days after the \n completion of the pilot program, the Secretary shall \n submit to the Committee on Veterans' Affairs of the \n Senate and the Committee on Veterans' Affairs of the \n House of Representatives a report on the pilot program.\n (B) Contents.--The report under subparagraph (A) \n shall include the following:\n (i) The findings and conclusions of the \n Secretary with respect to the pilot program.\n (ii) Such recommendations for the \n continuation or expansion of the pilot program \n as the Secretary considers appropriate.\n\nSEC. 4. PROGRAM ON EDUCATION TO PROMOTE DENTAL HEALTH IN VETERANS.\n\n (a) Program Required.--\n (1) In general.--The Secretary of Veterans Affairs shall \n carry out a program of education to promote dental health for \n veterans who are enrolled in the system of patient enrollment \n of the Department of Veterans Affairs under section 1705 of \n title 38, United States Code.\n (2) Construction.--Nothing in the program shall be deemed \n to alter or revise the eligibility of any veteran for dental \n care under the laws administered by the Secretary.\n (b) Elements.--The program required by subsection (a) shall provide \neducation for veterans on the following:\n (1) The association between dental health and overall \n health and well-being.\n (2) Proper techniques for dental care.\n (3) Signs and symptoms of commonly occurring dental issues, \n including caries.\n (4) Treatment options for commonly occurring dental issues.\n (5) Options for obtaining access to dental care, including \n information on eligibility for dental care through the \n Department and on purchasing private dental insurance.\n (6) Options for obtaining low or no-cost dental care, \n including through dental schools and Federally Qualified Health \n Centers.\n (7) Such other matters relating to dental health as the \n Secretary considers appropriate.\n (c) Delivery of Educational Materials.--\n (1) In general.--The Secretary shall provide educational \n materials to veterans under the program required by subsection \n (a) through a variety of mechanisms, including the following:\n (A) The availability and distribution of print \n materials at Department facilities, including medical \n centers, clinics, Vet Centers, and readjustment \n counseling centers.\n (B) The availability and distribution of materials \n over the Internet, including through webinars and My \n HealtheVet.\n (C) Presentations of information, including both \n small group and large group presentations.\n (2) Selection of mechanisms.--In selecting mechanisms for \n purposes of this subsection, the Secretary shall select \n mechanisms designed to maximize the number of veterans who \n receive education under the program.\n\nSEC. 5. INFORMATION ON DENTAL SERVICES FOR INCLUSION IN ELECTRONIC \n MEDICAL RECORDS UNDER DENTAL INSURANCE PILOT PROGRAM.\n\n (a) In General.--Commencing not later than 180 days after the date \nof the enactment of this Act, the Secretary of Veterans Affairs shall \nexpand the dental insurance pilot program established by section 17.169 \nof title 38, Code of Federal Regulations, to establish a mechanism by \nwhich private sector dental care providers may forward to the \nDepartment of Veterans Affairs information on dental care furnished to \nindividuals under the pilot program for inclusion in the electronic \nmedical records of the Department with respect to such individuals.\n (b) Construction With Current Pilot Program Requirements.--\n (1) In general.--Nothing in this section shall be construed \n to revise eligibility for participation in, or the locations \n of, the pilot program referred to in subsection (a).\n (2) Duration.--The Secretary may continue the pilot program \n for two years in addition to the duration otherwise provided \n for the pilot program in section 17.169 of title 38, Code of \n Federal Regulations, if the Secretary determines that the \n continuation is needed to assess the mechanism required by \n subsection (a).\n (3) Voluntary participation in mechanism.--The \n participation in the mechanism required by subsection (a) of an \n individual otherwise participating in the pilot program shall \n be at the election of the individual.\n (c) Inclusion of Information on Mechanism in Reports.--Each report \nto Congress on the pilot program after the date of the commencement of \nthe mechanism required by subsection (a) shall include information on \nthe mechanism, including a current assessment of the feasibility and \nadvisability of using the mechanism to include information on dental \ncare furnished to individuals in the electronic medical records of the \nDepartment with respect to such individuals.","summary":"Enhanced Dental Care for Veterans Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to furnish additional dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost due to VA services or treatment furnished to such veteran. Directs the Secretary to: (1) carry out a three-year pilot program for furnishing dental care to veterans not otherwise eligible for dental services and treatment under current VA programs, (2) carry out a program of education to promote dental health for veterans, and (3) enable private sector dental care providers to submit information on dental care provided to veterans under the pilot program for inclusion in VA electronic medical records.","title":"Enhanced Dental Care for Veterans Act of 2013","text_len":13642,"sum_len":736} {"bill_id":"110_s1678","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Health Care Planning \nImprovement Act of 2007''.\n\nSEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.\n\n (a) In General.--Section 1814(a)(2) of the Social Security Act (42 \nU.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is \namended--\n (1) by inserting ``(as those terms are defined in section \n 1861(aa)(5))'' after ``clinical nurse specialist''; and\n (2) by inserting ``, or in the case of services described \n in subparagraph (C), a physician, or a nurse practitioner or \n clinical nurse specialist who is working in collaboration with \n a physician in accordance with State law, or a certified nurse-\n midwife (as defined in section 1861(gg)) as authorized by State \n law, or a physician assistant (as defined in section \n 1861(aa)(5)) under the supervision of a physician'' after \n ``collaboration with a physician''.\n (b) Conforming Amendments.--(1) Section 1814(a) of the Social \nSecurity Act (42 U.S.C. 1395f(a)) is amended--\n (A) in paragraph (2)(C), by inserting ``, a nurse \n practitioner, a clinical nurse specialist, a certified nurse-\n midwife, or a physician assistant (as the case may be)'' after \n ``physician'' each place it appears;\n (B) in the second sentence, by striking ``or clinical nurse \n specialist'' and inserting ``clinical nurse specialist, \n certified nurse-midwife, or physician assistant'';\n (C) in the third sentence--\n (i) by striking ``physician certification'' and \n inserting ``certification'';\n (ii) by inserting ``(or on January 1, 2008, in the \n case of regulations to implement the amendments made by \n section 2 of the Home Health Care Planning Improvement \n Act of 2007)'' after ``1981''; and\n (iii) by striking ``a physician who'' and inserting \n ``a physician, nurse practitioner, clinical nurse \n specialist, certified nurse-midwife, or physician \n assistant who''; and\n (D) in the fourth sentence, by inserting ``, nurse \n practitioner, clinical nurse specialist, certified nurse-\n midwife, or physician assistant'' after ``physician''.\n (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) \nis amended--\n (A) in paragraph (2)--\n (i) in the matter preceding subparagraph (A), by \n inserting ``or, in the case of services described in \n subparagraph (A), a physician, or a nurse practitioner \n or clinical nurse specialist (as those terms are \n defined in 1861(aa)(5)) who is working in collaboration \n with a physician in accordance with State law, or a \n certified nurse-midwife (as defined in section \n 1861(gg)) as authorized by State law, or a physician \n assistant (as defined in section 1861(aa)(5)) under the \n supervision of a physician'' after ``a physician''; and\n (ii) in each of clauses (ii) and (iii) of \n subparagraph (A) by inserting ``, a nurse practitioner, \n a clinical nurse specialist, a certified nurse-midwife, \n or a physician assistant (as the case may be)'' after \n ``physician'';\n (B) in the third sentence, by inserting ``, nurse \n practitioner, clinical nurse specialist, certified nurse-\n midwife, or physician assistant (as the case may be)'' after \n physician;\n (C) in the fourth sentence--\n (i) by striking ``physician certification'' and \n inserting ``certification'';\n (ii) by inserting ``(or on January 1, 2008, in the \n case of regulations to implement the amendments made by \n section 2 of the Home Health Care Planning Improvement \n Act of 2007)'' after ``1981''; and\n (iii) by striking ``a physician who'' and inserting \n ``a physician, nurse practitioner, clinical nurse \n specialist, certified nurse-midwife, or physician \n assistant who''; and\n (D) in the fifth sentence, by inserting ``, nurse \n practitioner, clinical nurse specialist, certified nurse-\n midwife, or physician assistant'' after ``physician''.\n (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is \namended--\n (A) in subsection (m)--\n (i) in the matter preceding paragraph (1)--\n (I) by inserting ``a nurse practitioner or \n a clinical nurse specialist (as those terms are \n defined in subsection (aa)(5)), a certified \n nurse-midwife (as defined in section 1861(gg)), \n or a physician assistant (as defined in \n subsection (aa)(5))'' after ``physician'' the \n first place it appears; and\n (II) by inserting ``a nurse practitioner, a \n clinical nurse specialist, a certified nurse-\n midwife, or a physician assistant'' after \n ``physician'' the second place it appears; and\n (ii) in paragraph (3), by inserting ``a nurse \n practitioner, a clinical nurse specialist, a certified \n nurse-midwife, or a physician assistant'' after \n ``physician''; and\n (B) in subsection (o)(2)--\n (i) by inserting ``, nurse practitioners or \n clinical nurse specialists (as those terms are defined \n in subsection (aa)(5)), certified nurse-midwives (as \n defined in section 1861(gg)), or physician assistants \n (as defined in subsection (aa)(5))'' after \n ``physicians''; and\n (ii) by inserting ``, nurse practitioner, clinical \n nurse specialist, certified nurse-midwife, physician \n assistant,'' after ``physician''.\n (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is \namended--\n (A) in subsection (c)(1), by inserting ``, the nurse \n practitioner or clinical nurse specialist (as those terms are \n defined in section 1861(aa)(5)), the certified nurse-midwife \n (as defined in section 1861(gg)), or the physician assistant \n (as defined in section 1861(aa)(5)),'' after ``physician''; and\n (B) in subsection (e)--\n (i) in paragraph (1)(A), by inserting ``, a nurse \n practitioner or clinical nurse specialist (as those \n terms are defined in section 1861(aa)(5)), a certified \n nurse-midwife (as defined in section 1861(gg)), or a \n physician assistant (as defined in section \n 1861(aa)(5))'' after ``physician''; and\n (ii) in paragraph (2)--\n (I) in the heading, by striking ``Physician \n certification'' and inserting ``Rule of \n construction regarding requirement for \n certification''; and\n (II) by striking ``physician''.\n (c) Effective Date.--The amendments made by this section shall \napply to items and services furnished on or after January 1, 2008.","summary":"Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner. (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law, (3) a certified nurse-midwife, or (4) a physician assistant under a physician's supervision.","title":"A bill to amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program.","text_len":7756,"sum_len":483} {"bill_id":"115_hr1612","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gun Show Loophole Closing Act of \n2017''.\n\nSEC. 2. GUN SHOW BACKGROUND CHECK.\n\n (a) Findings.--The Congress finds that--\n (1) approximately 5,200 traditional gun shows are held \n annually across the United States, attracting thousands of \n attendees per show and hundreds of Federal firearms licensees \n and unlicensed firearms sellers; and\n (2) gun shows at which firearms are exhibited or offered \n for sale or exchange provide a convenient and centralized \n commercial location where criminals and other prohibited \n persons obtain firearms without background checks and without \n records that enable firearm tracing.\n (b) Definitions.--Section 921(a) of title 18, United States Code, \nis amended by adding at the end the following:\n ``(36) Gun Show.--The term `gun show'--\n ``(A) means any event at which 50 or more firearms are \n offered or exhibited for sale, exchange, or transfer, if one or \n more of the firearms has been shipped or transported in, or \n otherwise affects, interstate or foreign commerce;\n ``(B) does not include an offer or exhibit of firearms for \n sale, exchange, or transfer by an individual from the personal \n collection of that individual, at the private residence of that \n individual, if the individual is not required to be licensed \n under section 923; and\n ``(C) does not include an offer or exhibit of firearms for \n sale, exchange, or transfer at events--\n ``(i) where not more than 100 firearms are offered \n or exhibited for sale, exchange or transfer;\n ``(ii) that are conducted by private, not-for-\n profit organizations whose primary purpose is owning \n and maintaining real property for the purpose of \n hunting activities; and\n ``(iii) that are attended only by permanent or \n annual dues-paying members of the organizations, and \n the members of the immediate families of the dues-\n paying members.\n ``(37) Gun Show Vendor.--The term `gun show vendor' means a person \nwho is not licensed under section 923 and who exhibits, sells, offers \nfor sale, transfers, or exchanges a firearm at a gun show, regardless \nof whether or not the person arranges with the gun show operator for a \nfixed location from which to exhibit, sell, offer for sale, transfer, \nor exchange the firearm.''.\n (c) Regulation of Firearms Transfers at Gun Shows.--\n (1) In general.--Chapter 44 of such title is amended by \n adding at the end the following:\n``Sec. 932. Regulation of firearms transfers at gun shows\n ``(a) Registration of Gun Show Operators.--It shall be unlawful for \na person to operate a gun show, unless--\n ``(1) the person has attained 21 years of age;\n ``(2) the person (and, if the person is a corporation, \n partnership, or association, each individual possessing, \n directly or indirectly, the power to direct or cause the \n direction of the management and policies of the corporation, \n partnership, or association) is not prohibited by subsection \n (g) or (n) of section 922 from transporting, shipping, or \n receiving firearms or ammunition in interstate or foreign \n commerce;\n ``(3) the person has not willfully violated any provision \n of this chapter or regulation issued under this chapter;\n ``(4) the person has registered with the Attorney General \n as a gun show operator, in accordance with regulations \n promulgated by the Attorney General, and as part of the \n registration--\n ``(A) has provided the Attorney General with a \n photograph and the fingerprints of the person; and\n ``(B) has certified that the person meets the \n requirements of subparagraphs (A) through (D) of \n section 923(d)(1);\n ``(5) the person has not willfully failed to disclose any \n material information required, and has not made any false \n statement as to any material fact, in connection with the \n registration; and\n ``(6) the person has paid the Attorney General a fee for \n the registration, in an amount determined by the Attorney \n General.\n ``(b) Responsibilities of Gun Show Operators.--\n ``(1) In general.--It shall be unlawful for a person to \n operate a gun show, unless the person--\n ``(A) not later than 30 days before the \n commencement of the gun show, notifies the Attorney \n General, in writing, of the date, time, duration, and \n location of the gun show, and the identity of each \n person who will be a gun show vendor at the gun show;\n ``(B) before commencement of the gun show--\n ``(i) verifies the identity of each \n individual who will be a gun show vendor at the \n gun show by examining a valid identification \n document (as defined in section 1028(d)(3)) of \n the individual containing a photograph of the \n individual; and\n ``(ii) requires each such individual to \n sign--\n ``(I) a ledger, and enter into the \n ledger identifying information \n concerning the individual; and\n ``(II) a notice which sets forth \n the obligations of a gun show vendor \n under this chapter; and\n ``(C) notifies each person who attends the gun show \n of the requirements of this chapter, in accordance with \n such regulations as the Attorney General shall \n prescribe.\n ``(2) Recordkeeping.--A person who operates, or has \n operated, a gun show shall maintain records demonstrating \n compliance with paragraph (1)(B), at such place, for such \n period of time, and in such form as the Attorney General shall \n require by regulation, or transmit the records to the Attorney \n General.\n ``(c) Background Check Required Before Transfer of Firearm Between \nUnlicensed Persons.--It shall be unlawful for a person who is not \nlicensed under this chapter to transfer possession of, or title to, a \nfirearm at, or on the curtilage of, a gun show, to another person who \nis not so licensed, or for a person who is not so licensed to receive \npossession of, or title to, a firearm at, or on the curtilage of, a gun \nshow from another person who is not so licensed, unless a licensed \nimporter, licensed manufacturer, or licensed dealer--\n ``(1) has entered into a separate bound record the make, \n model, and serial number of the firearm, and such other \n information about the transaction as the Attorney General may \n require by regulation; and\n ``(2) has notified the prospective transferor and \n prospective transferee of the firearm that the national instant \n criminal background check system established under section 103 \n of the Brady Handgun Violence Prevention Act has provided the \n licensee with a unique identification number, indicating that \n receipt of the firearm by the prospective transferee would not \n violate section 922 of this title or State law.\n ``(d) Recordkeeping Requirements.--\n ``(1) In general.--A licensee who provides a notice \n pursuant to subsection (c)(2) with respect to the transfer of a \n firearm shall--\n ``(A) not later than 10 days after the date of the \n transfer, submit to the Attorney General a report of \n the transfer, which report shall specify the make, \n model, and serial number of the firearm, and contain \n such other information and be on such form, as the \n Attorney General shall require by regulation, except \n that the report shall not include the name of or other \n identifying information relating to any person involved \n in the transfer who is not licensed under this chapter; \n and\n ``(B) retain a record of the transfer, including \n the same information as would be required if the \n transfer were from the inventory of the licensee, as \n part of the permanent business records of the licensee.\n ``(2) Limitation.--The Attorney General may not impose any \n recordkeeping requirement on any gun show vendor by reason of \n this section.''.\n (2) Penalties.--Section 924(a) of such title is amended by \n adding at the end the following:\n ``(8)(A) Whoever knowingly violates subsection (a) or (d) of \nsection 932 shall be fined under this title, imprisoned not more than 5 \nyears, or both.\n ``(B) Whoever knowingly violates subsection (b) or (c) of section \n932, shall be--\n ``(i) fined under this title, imprisoned not more than 2 \n years, or both; and\n ``(ii) in the case of a second or subsequent conviction, \n fined under this title, imprisoned not more than 5 years, or \n both.\n ``(C) In addition to any other penalties imposed under this \nparagraph, the Attorney General may, with respect to any person who \nknowingly violates any provision of section 932--\n ``(i) if the person is registered pursuant to section \n 932(a), after notice and opportunity for a hearing, suspend for \n not more than 6 months or revoke the registration of that \n person under section 932(a); and\n ``(ii) impose a civil fine in an amount equal to not more \n than $10,000.''.\n (3) Clerical amendment.--The table of contents for such \n chapter is amended by adding at the end the following:\n\n``Sec. 932. Regulation of firearms transfers at gun shows.''.\n (d) Inspection Authority.--Section 923(g)(1) of such title is \namended by adding at the end the following:\n ``(E) Notwithstanding subparagraph (B) of this paragraph, the \nAttorney General may enter during business hours any place where a gun \nshow operator operates a gun show or is required to maintain records \npursuant to section 932(b)(2), for purposes of examining the records \nrequired by sections 923 and 932 and the inventory of licensees \nconducting business at the gun show. The entry and examination shall be \nconducted for the purposes of determining compliance with this chapter \nby gun show operators and licensees conducting business at the gun \nshow, and shall not require a showing of reasonable cause or a \nwarrant.''.\n (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.--\nSection 923(g)(3)(A) of such title is amended by inserting ``or \nprovides pursuant to section 932(c)(2) notice with respect to,'' after \n``sells or otherwise disposes of,''.\n (f) Increased Penalties for Serious Recordkeeping Violations by \nLicensees.--Section 924(a)(3) of such title is amended to read as \nfollows:\n ``(3)(A) Except as provided in subparagraph (B), any licensed \ndealer, licensed importer, licensed manufacturer, or licensed collector \nwho knowingly makes any false statement or representation with respect \nto the information required by this chapter to be kept in the records \nof a person licensed under this chapter, or violates section 922(m), \nshall be fined under this title, imprisoned not more than 1 year, or \nboth.\n ``(B) If the violation described in subparagraph (A) is in relation \nto an offense--\n ``(i) under paragraph (1) or (3) of section 922(b), such \n person shall be fined under this title, imprisoned not more \n than 5 years, or both; or\n ``(ii) under subsection (a)(6) or (d) of section 922, such \n person shall be fined under this title, imprisoned not more \n than 10 years, or both.''.\n (g) Increased Penalties for Violations of Criminal Background Check \nRequirements.--\n (1) Penalties.--Section 924(a)(5) of such title is \n amended--\n (A) by striking ``subsection (s) or (t) of section \n 922'' and inserting ``section 922(t)''; and\n (B) by striking ``1'' and inserting ``5''.\n (2) Elimination of certain elements of offense.--Section \n 922(t)(5) of such title is amended by striking ``and, at the \n time'' and all that follows through ``State law''.\n (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director \nof the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at \nleast 40 additional Industry Operations Investigators for the purpose \nof carrying out inspections of gun shows (as defined in section \n921(a)(36) of title 18, United States Code).\n (i) Report to the Congress.--The Director of the Bureau of Alcohol, \nTobacco, Firearms, and Explosives shall submit biennial reports to the \nCongress on how firearms (as defined in section 921(a)(3) of title 18, \nUnited States Code) are sold at gun shows (as defined in paragraph (36) \nof such section), how this section is being carried out, whether \nfirearms are being sold without background checks conducted by the \nnational instant criminal background check system established under \nsection 103 of the Brady Handgun Violence Prevention Act, what \nresources are needed to carry out this section, and any recommendations \nfor improvements to ensure that firearms are not sold without the \nbackground checks.\n (j) Effective Date.--This section and the amendments made by this \nsection shall take effect 180 days after the date of enactment of this \nAct.","summary":"Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age. (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements. (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints. (4) has not concealed material information nor made false statements in connection with a gun show operator registration. And (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill.","title":"Gun Show Loophole Closing Act of 2017","text_len":14271,"sum_len":1565} {"bill_id":"105_hr1613","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Pension Forfeiture Act \nof 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) Members of Congress pledge to uphold the Constitution \n and the laws of the United States;\n (2) Members of Congress are elected to serve in the public \n trust and pledge to uphold the public trust;\n (3) a breach of the public trust by a Member of Congress is \n a serious offense that should have serious consequences; and\n (4) taxpayers should not pay for the retirement benefits of \n Members of Congress who have breached the public trust.\n\nSEC. 3. FORFEITURE.\n\n (a) Civil Service Retirement System.--Section 8332 of title 5, \nUnited States Code, is amended by adding at the end the following:\n ``(o)(1) Notwithstanding any other provision of this subchapter, \nthe service of an individual convicted of an offense described in \nparagraph (2) shall not, if or to the extent rendered as a Member \n(irrespective of when rendered), be taken into account for purposes of \nthis subchapter. Any such individual (or other person determined under \nsection 8342(c), if applicable) shall be entitled to be paid so much of \nsuch individual's lump-sum credit as is attributable to service to \nwhich the preceding sentence applies.\n ``(2)(A) An offense described in this paragraph is any offense \ndescribed in subparagraph (B) for which the following apply:\n ``(i) The offense is committed by the individual (referred \n to in paragraph (1)) while a Member.\n ``(ii) The conduct on which the offense is based is \n directly related to the individual's service as a Member.\n ``(iii) The offense is committed during the One Hundred \n Sixth Congress or later.\n ``(B) The offenses described in this subparagraph are as follows:\n ``(i) An offense within the purview of--\n ``(I) section 201 of title 18 (bribery of public \n officials and witnesses);\n ``(II) section 203 of title 18 (compensation to \n Members of Congress, officers, and others in matters \n affecting the Government);\n ``(III) section 204 of title 18 (practice in United \n States Court of Federal Claims or the United States \n Court of Appeals for the Federal Circuit by Members of \n Congress);\n ``(IV) section 219 of title 18 (officers and \n employees acting as agents of foreign principals);\n ``(V) section 286 of title 18 (conspiracy to \n defraud the Government with respect to claims);\n ``(VI) section 287 of title 18 (false, fictitious, \n or fraudulent claims);\n ``(VII) section 371 of title 18 (conspiracy to \n commit offense or to defraud the United States);\n ``(VIII) section 597 of title 18 (expenditures to \n influence voting);\n ``(IX) section 599 of title 18 (promise of \n appointment by candidate);\n ``(X) section 602 of title 18 (solicitation of \n political contributions);\n ``(XI) section 606 of title 18 (intimidation to \n secure political contributions);\n ``(XII) section 607 of title 18 (place of \n solicitation);\n ``(XIII) section 641 of title 18 (public money, \n property or records);\n ``(XIV) section 1001 of title 18 (statements or \n entries generally);\n ``(XV) section 1341 of title 18 (frauds and \n swindles);\n ``(XVI) section 1343 of title 18 (fraud by wire, \n radio, or television);\n ``(XVII) section 1503 of title 18 (influencing or \n injuring officer or juror);\n ``(XVIII) section 1951 of title 18 (interference \n with commerce by threats or violence);\n ``(XIX) section 1952 of title 18 (interstate and \n foreign travel or transportation in aid of racketeering \n enterprises);\n ``(XX) section 1962 of title 18 (prohibited \n activities); or\n ``(XXI) section 7201 of the Internal Revenue Code \n of 1986 (attempt to evade or defeat tax).\n ``(ii) Perjury committed under the statutes of the United \n States in falsely denying the commission of an act which \n constitutes an offense within the purview of a statute named by \n clause (i).\n ``(iii) Subornation of perjury committed in connection with \n the false denial of another individual as specified by clause \n (ii).\n ``(3) An individual convicted of an offense described in paragraph \n(2) shall not, after the date of the conviction, be eligible to \nparticipate in the retirement system under this subchapter while \nserving as a Member.\n ``(4) Except as provided in paragraph (5), the Office shall \nprescribe such regulations as may be necessary to carry out this \nsubsection, including provisions under which interest on any lump-sum \npayment under the second sentence of paragraph (1) shall be limited in \na manner similar to that specified in the last sentence of section \n8316(b).\n ``(5) The Executive Director (within the meaning of section \n8401(13)) shall prescribe such regulations as may be necessary to carry \nout the purposes of this subsection with respect to the Thrift Savings \nPlan. Regulations under this paragraph shall include provisions \nrequiring the return of all vested amounts.\n ``(6) Nothing in this subsection shall restrict any authority under \nsubchapter II or any other provision of law to deny or withhold \nbenefits authorized by statute.\n ``(7) For purposes of this subsection, the term `Member' has the \nmeaning given such term by section 2106, notwithstanding section \n8331(2).''.\n (b) Federal Employees' Retirement System.--Section 8411 of title 5, \nUnited States Code, is amended by adding at the end the following:\n ``(i)(1) Notwithstanding any other provision of this chapter, the \nservice of an individual convicted of an offense described in paragraph \n(2) shall not, if or to the extent rendered as a Member (irrespective \nof when rendered), be taken into account for purposes of this chapter. \nAny such individual (or other person determined under section 8424(d), \nif applicable) shall be entitled to be paid so much of such \nindividual's lump-sum credit as is attributable to service to which the \npreceding sentence applies.\n ``(2) An offense described in this paragraph is any offense \ndescribed in section 8332(o)(2)(B) for which the following apply:\n ``(A) The offense is committed by the individual (referred \n to in paragraph (1)) while a Member.\n ``(B) The conduct on which the offense is based is directly \n related to the individual's service as a Member.\n ``(C) The offense is committed during the One Hundred Sixth \n Congress or later.\n ``(3) An individual convicted of an offense described in paragraph \n(2) shall not, after the date of the conviction, be eligible to \nparticipate in the retirement system under this chapter while serving \nas a Member.\n ``(4) Except as provided in paragraph (5), the Office shall \nprescribe such regulations as may be necessary to carry out this \nsubsection, including provisions under which interest on any lump-sum \npayment under the second sentence of paragraph (1) shall be limited in \na manner similar to that specified in the last sentence of section \n8316(b).\n ``(5) The Executive Director shall prescribe such regulations as \nmay be necessary to carry out the purposes of this subsection with \nrespect to the Thrift Savings Plan. Regulations under this paragraph \nshall include provisions requiring the return of all vested amounts.\n ``(6) Nothing in this subsection shall restrict any authority under \nsubchapter II of chapter 83 or any other provision of law to deny or \nwithhold benefits authorized by statute.\n ``(7) For purposes of this subsection, the term `Member' has the \nmeaning given such term by section 2106, notwithstanding section \n8401(20).''.","summary":"Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials, (2) conspiracy to defraud the Government with respect to claims, (3) making or receiving expenditures to influence voting, (4) acting as an agent of a foreign principal, (5) frauds and swindles. And (6) tax evasion. Entitles such individual to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System. And (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.","title":"Congressional Pension Forfeiture Act of 1997","text_len":8512,"sum_len":1170} {"bill_id":"113_hr3606","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emigrant Wilderness Historical Use \nPreservation Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to ensure that--\n (1) an increasing population within the vicinity of the \n Emigrant Wilderness of Stanislaus National Forest in the State \n of California may continue to enjoy the traditional variety of \n appropriate wilderness uses and practices, including a \n wilderness equestrian experience of pack and saddle stock use, \n consistent with protecting untrammeled and unimpaired \n wilderness character;\n (2) the Federal land comprising the Emigrant Wilderness \n retains wilderness character consistent with the time of \n designation and that changes in use levels and social \n preferences are not allowed to displace historical and \n traditional uses, including recreational commercial services \n provided by pack stock stations, which existed at the time of \n designation; and\n (3) future generations of Americans continue to have the \n opportunity to enjoy the variety of traditional wilderness \n experiences, including a true wilderness equestrian experience, \n consistent with what existed when the Emigrant Wilderness was \n designated.\n\nSEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO \n CERTAIN FEDERAL LAND.\n\n (a) Preservation of Historical Equestrian Activities and Level of \nUse.--The Secretary shall take such actions as may be necessary to \nensure that, within the area designated as the Emigrant Wilderness, all \npack and saddle stock use, including commercial pack and saddle stock \nservices, are recognized as appropriate wilderness activities, along \nwith their associated effect on soil, water, and vegetation. Conditions \nof camps, trails, and grazing areas, at the time of designation, should \nbe considered an acceptable benchmark level for monitoring the \npreservation of wilderness character. No action shall be taken to limit \nor exclude pack and saddle stock without an appropriate environmental \nanalysis with an express finding that it is necessary to limit or \nexclude pack and saddle stock, or modify stock practices, in order to \npreserve the wilderness character of the area to that which existed at \nthe time of the designation of the Emigrant Wilderness.\n (b) Types of Activities and Impact.--The historical use and \nactivities in the Emigrant Wilderness, including commercial outfitting \nand guiding, camping, pack stock grazing, and associated campsites, \ncampfires, tent locations, and social trails, are traditional uses that \nare consistent with and part of an unconfined recreational experience, \nand the signs of use created by these historical uses are to be \nconsidered substantially unnoticeable and acceptable as long as they do \nnot exceed the level present at the time of wilderness designation. The \nSecretary shall take such actions to ensure that these traditional uses \ndo not result in impacts that are greater than those experienced at the \ntime the Emigrant Wilderness was designated.\n (c) Emigrant Wilderness Plan.--Not later than 3 years after the \ndate of the enactment of this Act, the Secretary shall complete an \nupdated wilderness plan to incorporate management direction for the \npreservation of pack and saddle stock use and all legally acceptable \nrecreational uses within the Emigrant Wilderness, including \nestablishing the following:\n (1) Desired future conditions that recognize normal and \n expected pack and saddle stock use impacts as an accepted \n component of the wilderness character of the area.\n (2) Standards, and guidelines for pack and saddle stock \n that use ``leave no trace'' or gentle use principles for pack \n and saddle stock in the future consistent with past historical \n pack and saddle stock use practices and impacts.\n (3) Indicators, thresholds, and triggers for managing \n future pack and saddle stock use commensurate with other uses \n and that recognize the acceptability of historical use and \n impacts of pack and saddle stock.\n (4) A user capacity for pack and saddle stock use, \n including commercial pack and saddle stock services, \n commensurate with minimum levels necessary to ensure continued \n opportunity for a wilderness equestrian experience while \n preserving the overall wilderness character of the Emigrant \n Wilderness. Such user capacity shall recognize the number of \n stock necessary to support the typical extended family group \n size that frequent the Emigrant Wilderness, including \n commercial service support, and shall not limit group sizes to \n fewer than 15 people and 25 head of stock, inclusive of \n commercial service outfitters and guides.\n (5) A needs assessment that sets as a baseline the level of \n commercial services that existed at the time of designation.\n (d) Commercial Pack and Saddle Stock Services.--\n (1) In general.--The Secretary of Agriculture shall--\n (A) continue to authorize commercial pack and \n saddle stock services within the Emigrant Wilderness \n consistent with commercial use within that area that \n existed as of the date of the original designation of \n the Emigrant Wilderness on January 3, 1975;\n (B) specify the level of use, allotted user days, \n and activities by commercial outfitters and guides \n within that area in the Wilderness Plan; and\n (C) continue to issue authorizations to provide \n commercial services for commercial stock operations \n within the Emigrant Wilderness at historic levels \n consistent with this Act.\n (2) Levels of use.--Historical levels of commercial use, as \n established at the time of the designation of the Emigrant \n Wilderness, are considered within the normal range of \n acceptability for stock numbers and impacts and are considered \n the minimum extent necessary for realizing the recreational and \n other purposes of the area. Pack and saddle stock commercial \n use may be allowed to increase above current authorized use \n levels, and at levels consistent with increases in other \n traditional uses, after a finding in an appropriate \n environmental analysis that the wilderness character of the \n area is being protected. Current outfitter and guide special \n use permits may be reauthorized without environmental analysis \n to incorporate direction from the wilderness plan developed \n pursuant to subsection (c).\n (e) Limitations.--Nothing in subsections (a) through (e) shall be \nconstrued to--\n (1) authorize the Secretary to issue or refuse to issue a \n permit for a new use of pack and saddle stock animals, \n including use by a commercial outfitter or guide, without \n complying with applicable resource management plans and \n planning processes required under this Act or any other \n provision of law;\n (2) limit the authority of the Secretary to impose a \n temporary emergency closure of a trail, route, or area to pack \n and saddle stock animals or issue special permits; or\n (3) create a preference for one recreational use over \n another for the Emigrant Wilderness, without consideration of \n the stated purpose of this area as stated in the Wilderness \n Act, PL88-577, and specific legislation establishing the \n Emigrant Wilderness.\n (f) Definitions.--For the purposes of this Act:\n (1) Emigrant wilderness.--The term ``Emigrant Wilderness'' \n means the Emigrant Wilderness of Stanislaus National Forest in \n the State of California, as originally designated by section \n 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note) \n and expanded by section 101(a)(9) of Public Law 98-425 (98 \n Stat. 1620; 16 U.S.C. 1132 note).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n Amend the title so as to read: ``A bill to preserve the \n opportunity for pack and saddle stock that are part of the \n history and character of traditional uses, practices and access \n within the Emigrant Wilderness of Stanislaus National Forest in \n the State of California as appropriate within the wilderness \n designation, and for other purposes.''.\n ","summary":"Emigrant Wilderness Historical Use Preservation Act - Requires the Secretary of Agriculture (USDA) to ensure that all pack and saddle stock uses within the Emigrant Wilderness of Stanislaus National Forest in California are recognized as appropriate wilderness activities, including the effect on soil, water, and vegetation. Prohibits any action from being taken to limit or exclude pack and saddle stock without an environmental analysis with a finding that the actions are necessary to preserve the wilderness character of the area to that which existed at the time of the designation. States that historical uses and activities, including commercial outfitting and guiding, camping, pack stock grazing. And associated campfires, tent locations, and social trails are traditional uses. Requires signs of use created by these activities to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of the designation. Requires the USDA to take actions to ensure that these levels are not exceeded. Direct the USDA to complete an updated wilderness plan to preserve pack and saddle stock use and all legally acceptable recreational uses within the area. Specifies requirements for the plan. Requires the USDA to continue to authorize commercial pack and saddle stock services and issue authorizations to provide commercial services for commercial stock operations within the area at historic levels. Requires the USDA to specify levels of use, user days, and activities by commercial outfitters and guides.","title":"Emigrant Wilderness Historical Use Preservation Act","text_len":8911,"sum_len":1565} {"bill_id":"114_hr5185","text":"SECTION 1. DISCLOSURE FOR CHARITY EMPLOYEES AND BOARD MEMBERS \n PREVIOUSLY IMPLICATED IN TERROR FINANCE.\n\n (a) Application for Exemption.--Section 501 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following:\n ``(s) Disclosure for Charity Employees and Board Members Previously \nImplicated in Terror Finance.--\n ``(1) In general.--An application of an organization for \n exemption from tax under subsection (a) shall not be treated as \n complete unless the application contains--\n ``(A) the disclosures required by paragraph (2), or\n ``(B) a statement that no officer, director, \n trustee, or highly compensated employee of the \n organization (or an individual having powers or \n responsibilities similar to those of officers, \n directors, trustees, or highly compensated employees of \n the organization) is described in subparagraph (A), \n (B), or (C) of paragraph (2).\n ``(2) Required disclosures.--The disclosures required by \n this paragraph are the names and addresses of any officer, \n director, trustee, or highly compensated employee of the \n organization who, at any time before the date of the \n application--\n ``(A) was a member or employee of an organization \n described in paragraph (3),\n ``(B) was an unindicted coconspirator with respect \n to a terror finance scheme of an organization described \n in paragraph (3), or\n ``(C) was an employee of any charity found liable \n under section 2333 of title 18, United States Code.\n ``(3) Organization described.--An organization is described \n in this paragraph if--\n ``(A) the organization is named on the Designated \n Charities and Potential Fundraising Front Organizations \n for FTOs list, published by the Department of the \n Treasury, or\n ``(B) the organization's property is blocked \n pending investigation by the Office of Foreign Assets \n Control, Department of the Treasury.''.\n (b) Annual Reporting.--Section 6033 of such Code is amended by \nredesignating subsection (n) as subsection (o) and by inserting after \nsubsection (m) the following:\n ``(s) Disclosure for Charity Employees and Board Members Previously \nImplicated in Terror Finance.--\n ``(1) In general.--The annual return required of an \n organization by subsection (a) shall not be treated as complete \n unless the return contains--\n ``(A) the disclosures required by paragraph (2), or\n ``(B) a statement that no officer, director, \n trustee, or highly compensated employee of the \n organization (or an individual having powers or \n responsibilities similar to those of officers, \n directors, trustees, or highly compensated employees of \n the organization) is described in subparagraph (A), \n (B), or (C) of paragraph (2).\n ``(2) Required disclosures.--The disclosures required by \n this paragraph are the names and addresses of any officer, \n director, trustee, or highly compensated employee of the \n organization who, at any time before the date of the \n application--\n ``(A) was a member or employee of an organization \n described in paragraph (3),\n ``(B) was an unindicted coconspirator with respect \n to a terror finance scheme of an organization described \n in paragraph (3), or\n ``(C) was an employee of any charity found liable \n under section 2333 of title 18, United States Code.\n ``(3) Organization described.--An organization is described \n in this paragraph if--\n ``(A) the organization is described in section \n 501(c) and exempt from tax under section 501(a),\n ``(B) the organization is named on the Designated \n Charities and Potential Fundraising Front Organizations \n for FTOs list, published by the Department of the \n Treasury, or\n ``(C) the organization's property is blocked \n pending investigation by the Office of Foreign Assets \n Control, Department of the Treasury.''.\n (c) Effective Date.--\n (1) The amendment made by subsection (a) shall apply to \n applications filed after the date of the enactment of this Act.\n (2) The amendment made by subsection (b) shall apply to \n returns filed for taxable years beginning after the date of the \n enactment of this Act.","summary":"This bill amends the Internal Revenue Code to require tax-exempt organizations to disclose details regarding employees and board members involved in terror finance activities. An organization applying for tax-exempt status must disclose in its application the names and addresses of any officer, director, trustee, or highly compensated employee who, at any time prior to the date of the application, was: a member or employee of an organization: (1) named on the Department of the Treasury's Designated Charities and Potential Fundraising Front Organizations for FTOs list, or (2) with property that has been blocked pending investigation by Treasury's Office of Foreign Assets Control. An unindicted coconspirator with respect to a terror finance scheme of an organization described above, or an employee of any charity found liable for civil damages due to an act of international terrorism. In lieu of the disclosure, the organization may include a statement indicating that no officer, director, trustee, or highly compensated employee of the organization meets the criteria described above. Tax-exempt organizations must also include either the required disclosure or the statement in annual tax returns filed after the enactment of this bill.","title":"To amend the Internal Revenue Code of 1986 to provide for disclosure for charity employees and board members previously implicated in terror finance.","text_len":5032,"sum_len":1249} {"bill_id":"109_s4005","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Hurricane Research \nInitiative Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Director.--The term ``Director'' means the Director of \n the National Science Foundation.\n (2) Under secretary.--The term ``Under Secretary'' means \n the Under Secretary for Oceans and Atmosphere of the Department \n of Commerce.\n\nSEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE.\n\n (a) Requirement to Establish.--The Under Secretary and the Director \nshall establish an initiative known as the National Hurricane Research \nInitiative for the purposes described in subsection (b).\n (b) Purposes.--The purposes of the National Hurricane Research \nInitiative shall be to set research objectives based on the findings of \nthe September 29, 2006, National Science Board report entitled \n``Hurricane Warning: The Critical Need for National Hurricane \nInitiative''--\n (1) to make recommendations to the National Science Board \n based on such research;\n (2) to assemble the expertise of the science and \n engineering capabilities of the United States through a multi-\n agency effort that is focused on--\n (A) improving a better understanding of hurricane \n prediction, intensity, and mitigation on coastal \n populations;\n (B) infrastructure; and\n (C) the natural environment; and\n (3) to make grants to eligible entities to carry out \n research in the following areas:\n (A) Predicting hurricane intensification.--Research \n to improve understanding of--\n (i) rapid intensity change in storms, \n relationships among storm size, motion and \n intensity;\n (ii) the internal dynamics of hurricanes; \n and\n (iii) the manner in which hurricanes \n interact with the environment.\n (B) Understanding air-sea interactions.--Research \n to improve understanding of theories of air-sea \n interaction that are common to the strong wind and high \n wave conditions associated with hurricanes, and cases \n in which the air-sea interface beneath hurricanes \n vanishes and is replaced by an emulsion, including \n theoretical theories, observational theories, and \n modeling.\n (C) Predicting storm surge, rainfall, and inland \n flooding from hurricanes and tropical storms.--Research \n to understand and model rainfall and flooding from \n hurricanes, including probabilistic modeling and \n mapping of storm surge risk.\n (D) Hurricane modification.--Basic research for \n modifying hurricanes to reduce the intensity or alter \n the movement of hurricanes by human intervention, \n including research to improve understanding of the \n potential effects of hurricane modification on \n precipitation and fresh water supply, as well as on \n climate.\n (E) Improved observation of hurricanes and tropical \n storms.--Research to improve hurricane and tropical \n storm observation through mobile radars, Global \n Positioning System technology, unmanned aerial \n vehicles, and ground-based and aerial wireless sensors \n to improve understanding of the complex nature of \n storms.\n (F) Assessing vulnerable infrastructure.--Research \n to develop a national engineering assessment of coastal \n infrastructure, including infrastructure related to \n levees, seawalls, drainage systems, bridges, water and \n sewage utilities, power, and communications, to \n determine the level of vulnerability of such \n infrastructure to damage from a hurricane.\n (G) Interaction of hurricanes with engineered \n structures.--Research to improve understanding of the \n impacts of hurricanes and tropical storms on buildings, \n structures, and housing combined with modeling \n essential for guiding the creation of improved building \n designs and construction codes in locations \n particularly vulnerable to hurricanes.\n (H) Relationship between hurricanes, climate, and \n natural ecosystems.--Research to improve the \n understanding of the complex relationships between \n hurricanes and climate, including research to determine \n the most effective methods to use observational \n information to examine the impacts on ecosystems over \n long- and short-periods of time.\n (I) Technologies for disaster response and \n recovery.--Research to improve emergency communication \n networks for government agencies and non-government \n entities and to improve communications between such \n networks during disaster response and recovery, \n including cyber-security during disaster situations and \n the ability to improve damage assessments during \n storms.\n (J) Evacuation planning.--Research to improve the \n manner in which hurricane-related information is \n provided to, and utilized by, the public and government \n officials, including research to assist officials of \n State or local government in determining the \n circumstances in which evacuations are required and in \n carrying out such evacuations.\n (K) Computational capability.--Research to improve \n understanding of the efficient utility of multiple \n models requiring sharing and inter-operability of \n databases, computing environments, networks, \n visualization tools, and analytic systems beyond what \n is currently available for transitioning hurricane \n research assets into operational practice and to \n provide access to robust computational facilities \n beyond the facilities normally accessible by the \n civilian research community for the hurricane research \n enterprise, including data acquisition and modeling \n capability during hurricane events.\n (c) Cooperation With Other Agencies.--The Under Secretary and the \nDirector shall cooperate with the head of each appropriate Federal \nagency or department, research institute, university, and disaster-\nresponse or nongovernmental organization to utilize the expertise and \ncapabilities of such entity to carry out the purposes of the National \nHurricane Research Initiative, including cooperation with the heads of \nthe following entities:\n (1) The National Aeronautics and Space Administration.\n (2) The National Institute of Standards and Technology.\n (3) The Department of Homeland Security, including the \n Federal Emergency Management Agency.\n (4) The Department of Energy.\n (5) The Defense Advanced Research Project Agency.\n (6) The Environmental Protection Agency.\n (7) The United States Geological Survey.\n (8) The U.S. Army Corps of Engineers.\n (d) Coordination.--The White House Office of Science and Technology \nPolicy, through the National Science and Technology Council, shall \ncoordinate the activities carried out by the United States related to \nthe National Hurricane Research Initiative as a formal program with a \nwell defined organizational structure and execution plan.\n (e) Grants.--\n (1) Authority.--The Under Secretary and the Director may \n award grants to appropriate government agencies or departments \n or nongovernmental entities to carry out the purposes described \n in subsection (b).\n (2) Best practices.--The Under Secretary and the Director \n shall develop and make available to the public a description of \n best practices to be used to carry out a project with a grant \n awarded under this subsection.\n (f) Research Seminars and Forums.--The Under Secretary and the \nDirector shall carry out a series of national seminars and forums that \nassemble a broad collection of scientific disciplines to direct \nresearchers to work collaboratively to carry out the purposes described \nin subsection (b).\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated $285,000,000 for each of the fiscal years 2008 through \n2018 to carry out this section.\n\nSEC. 4. NATIONAL INFRASTRUCTURE DATABASE.\n\n (a) Requirement to Establish.--The Under Secretary and the Director \nshall establish a National Infrastructure Database for the purposes \nof--\n (1) cataloging and characterizing the physical, social, and \n natural infrastructure in order to provide a baseline for \n developing standards, measuring modification, and determining \n loss;\n (2) providing information to Federal, State, and local \n government officials to improve information public policy \n related to hurricanes and tropical storms; and\n (3) providing data to researchers to improve their ability \n to measure hurricane impacts, separate such impacts from other \n effects, both natural and anthropogenic, make effective \n recommendations for improved building codes and urban planning \n practices, and develop effective procedures for responding to \n infrastructure disruption.\n (b) Database Requirements.--The National Infrastructure Database \nshall be a virtual, cyber environment that uses existing capabilities \nand facilities, and establishes new capabilities and facilities, as \nappropriate, to provide an interoperable environment and the necessary \nmetadata and other resources needed by users of that Database.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated $20,000,000 for each of the fiscal years 2008 through 2018 \nto carry out this section.\n\nSEC. 5. NATIONAL HURRICANE RESEARCH MODEL.\n\n (a) Requirement to Establish.--The Under Secretary and the Director \nshall develop a National Hurricane Research Model to conduct \nintegrative research and to facilitate the transfer of research \nknowledge to operational applications, including linking relevant \ntheoretical, physical, and computational models from atmospheric, \noceanic, economic, sociological, engineered infrastructure, and \necologic fields, conducting experimental research to understand the \nextensive complexities of hurricanes, and obtaining measurable results \nin a comprehensive framework suitable for testing end-to-end \nintegrative systems.\n (b) System Requirements.--The National Hurricane Research Model \nshall be a physically distributed and highly coordinated working \nenvironment in which research from the National Hurricane Research can \nbe experimentally substantiated using suitable quantitative metrics, \nand where a culture of interaction and collaboration can further be \npromoted, including in the areas of--\n (1) facilities and cyberinfrastructure;\n (2) software integration; and\n (3) fixed mobile data collection platforms and data \n provisioning systems.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated $130,000,000 for each of the fiscal years 2008 through \n2018 to carry out this section.","summary":"National Hurricane Research Initiative Act of 2006 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out. Requires such Initiative to set research objectives to: (1) make recommendations to the Board. (2) assemble the expertise of US science and engineering capabilities through a multi-agency effort focused on infrastructure, the natural environment, and improving understanding of hurricane prediction, intensity, and mitigation on coastal populations. And (3) make grants for hurricane research, including regarding hurricane dynamics, modification, and observation, air-sea interaction, relationships between hurricanes and climate, predicting flooding and storm surge, coastal infrastructure, building construction, emergency communication networks, information utilization by public officials, and sharing computational capability. Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate US activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan. Directs the Under Secretary and the Director to: (1) establish a National Infrastructure Database to catalog infrastructure, provide information to improve information public policy related to hurricanes, and provide data to improve researchers' abilities to measure hurricane impacts in order to improve building codes and urban planning. And (2) develop a National Hurricane Research Model to conduct integrative research and facilitate the transfer of research knowledge to operational applications.","title":"A bill to establish the National Hurricane Research Initiative to improve hurricane preparedness, and for other purposes.","text_len":12172,"sum_len":1814} {"bill_id":"115_hr2132","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Traveler Redress Improvement Act of \n2017''.\n\nSEC. 2. IMPLEMENTATION OF REDRESS PROCESS AND REVIEW OF THE \n TRANSPORTATION SECURITY ADMINISTRATION'S INTELLIGENCE-\n BASED SCREENING RULES FOR AVIATION SECURITY.\n\n (a) Redress Process.--\n (1) In general.--Not later than 30 days after the date of \n the enactment of this Act, the Administrator of the \n Transportation Security Administration shall, using existing \n resources, systems, and processes, ensure the availability of \n the Department of Homeland Security Traveler Redress Inquiry \n Program (DHS TRIP) redress process to adjudicate inquiries for \n individuals who--\n (A) are citizens of the United States or aliens \n lawfully admitted for permanent residence;\n (B) have filed an inquiry with DHS TRIP after \n receiving enhanced screening at an airport passenger \n security checkpoint more than 3 times in any 60-day \n period; and\n (C) believe they have been wrongly identified as \n being a threat to aviation security.\n (2) Report.--Not later than 180 days after the date of the \n enactment of this Act, the Administrator of the Transportation \n Security Administration shall submit to the Committee on \n Homeland Security of the House of Representatives and the \n Committee on Commerce, Science, and Transportation of the \n Senate a report on the implementation of the redress process \n required under paragraph (1).\n (b) Privacy Impact Review and Update.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Administrator of the \n Transportation Security Administration shall review and update \n the Privacy Impact Assessment for the Secure Flight programs to \n ensure such Assessment accurately reflects the operation of \n such programs.\n (2) Public dissemination.--The Secure Flight Privacy Impact \n Assessment review required under paragraph (1) shall be \n published on a publically accessible Internet webpage of the \n Transportation Security Administration and submitted to the \n Committee on Homeland Security of the House of Representatives \n and the Committee on Commerce, Science, and Transportation of \n the Senate.\n (c) Transportation Security Administration Rule Review and \nNotification Process.--\n (1) Rule review.--Not later than 60 days after the date of \n the enactment of this Act and every 120 days thereafter, the \n Assistant Administrator of the Office of Intelligence Analysis \n of the Transportation Security Administration, in coordination \n with the entities specified in paragraph (2), shall conduct a \n comprehensive review of the Transportation Security \n Administration's intelligence-based screening rules.\n (2) Notification process.--Not later than 48 hours after \n changing, updating, implementing, or suspending a \n Transportation Security Administration intelligence-based \n screening rule, the Assistant Administrator of the Office of \n Intelligence Analysis of the Transportation Security \n Administration shall notify the following entities of any such \n change, update, implementation, or suspension, as the case may \n be:\n (A) The Office of Civil Rights and Liberties of the \n Transportation Security Administration.\n (B) The Office of the Ombudsman of the \n Administration.\n (C) The Office of Traveler Engagement of the \n Administration.\n (D) The Office of Civil Rights and Liberties of the \n Department of Homeland Security.\n (E) The Office of Chief Counsel of the \n Administration.\n (F) The Office of General Counsel of the \n Department.\n (G) The Privacy Office of the Administration.\n (H) The Privacy Office of the Department.\n (I) The Federal Air Marshal Service.\n (J) The Traveler Redress Inquiry Program of the \n Department.\n (d) Federal Air Marshal Service Coordination.--\n (1) In general.--The Administrator of the Transportation \n Security Administration shall ensure that the Transportation \n Security Administration's intelligence-based screening rules \n are incorporated in the risk analysis conducted during the \n Federal Air Marshal mission scheduling process.\n (2) Report.--Not later than 180 days after the date of the \n enactment of this Act, the Administrator of the Transportation \n Security Administration shall submit to the Committee on \n Homeland Security of the House of Representatives and the \n Committee on Commerce, Science, and Transportation of the \n Senate a report on how the Transportation Security \n Administration's intelligence-based screening rules are \n incorporated in the risk analysis conducted during the Federal \n Air Marshal mission scheduling process.\n (e) GAO Report.--Not later than 1 year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to the Committee on Homeland Security of the House of \nRepresentatives and the Committee on Commerce, Science, and \nTransportation of the Senate a study on the Transportation Security \nAdministration's intelligence-based screening rules and the \neffectiveness of such rules in identifying and mitigating potential \nthreats to aviation security. Such study shall also examine \ncoordination between the Transportation Security Administration, the \nDepartment of Homeland Security,\n\n\n \n\n and other relevant partners relating to changing, updating, \nimplementing, or suspending such rules as necessary.\n\n Passed the House of Representatives June 20, 2017.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Traveler Redress Improvement Act of 2017 This bill directs the Transportation Security Administration (TSA) to ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program redress process to adjudicate inquiries for individuals who: are US citizens or aliens lawfully admitted for permanent residence, have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport security checkpoint more than three times in a 60-day period, and believe they have been wrongly identified as being a threat to aviation security. TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs for accuracy and make such assessment available to the public on TSA's website. TSA shall also review its intelligence-based screening rules, notify specified federal agencies of any rule changes, and ensure such rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. The Government Accountability Office shall: study the effectiveness of such rules in identifying and mitigating potential threats to aviation security. And examine coordination between the TSA, DHS, and other relevant partners relating to changing, updating, implementing, or suspending such rules as necessary.","title":"Traveler Redress Improvement Act of 2017","text_len":6468,"sum_len":1296} {"bill_id":"111_hr4106","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Green Affordable Housing Act of \n2009''.\n\nSEC. 2. GREEN RETROFIT GRANT AND LOAN PROGRAM.\n\n (a) Establishment.--The Secretary of Housing and Urban Development \nshall carry out a program to make grants and loans under this section \nto owners of eligible federally assisted housing projects for making \neligible green retrofit improvements to such projects.\n (b) Eligible Federally Assisted Housing Projects.--Grants and loans \nunder this section may be provided only for eligible green retrofit \nimprovements under subsection (c) for--\n (1) housing for which project-based assistance is provided \n under section 8 of the United States Housing Act of 1937 (42 \n U.S.C. 1437f);\n (2) housing that is assisted under section 202 of the \n Housing Act of 1959 (12 U.S.C. 1701q);\n (3) housing that is assisted under section 202 of the \n Housing Act of 1959, as such section existed before the \n enactment of the Cranston-Gonzalez National Affordable Housing \n Act (Public Law 101-625);\n (4) housing that is assisted under section 811 of the \n Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. \n 8013);\n (5) housing financed by a loan or mortgage insured under \n section 221(d)(3) of the National Housing Act (12 U.S.C. \n 1715l(d)(3)) that bears interest at a rate determined under the \n proviso of section 221(d)(5) of such Act (12 U.S.C. \n 1715l(d)(5));\n (6) housing insured, assisted, or held by the Secretary or \n a State or State agency under section 236 of the National \n Housing Act (12 U.S.C. 1715z-1);\n (7) housing constructed or substantially rehabilitated \n pursuant to assistance provided under section 8(b)(2) of the \n United States Housing Act of 1937, as in effect before October \n 1, 1983, that is assisted under a contract for assistance under \n such section;\n (8) housing assisted or formerly assisted under section 101 \n of the Housing and Urban Development Act of 1965 (12 U.S.C. \n 1701s);\n (9) multifamily housing projects assisted with amounts made \n available under the HOME Investment Partnerships Act (42 U.S.C. \n 12721 et seq.);\n (10) housing for which a loan is made or insured under \n section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and\n (11) housing for which a low-income housing tax credit is \n provided pursuant to section 42 of the Internal Revenue Code of \n 1986 (26 U.S.C. 42).\n (c) Eligible Green Retrofit Improvements.--\n (1) In general.--For purposes of this section, eligible \n green retrofit improvements are improvements to an eligible \n federally assisted housing project that are approved by the \n Secretary as having one or more of the following attributes, as \n compared with the comparable component that would normally be \n used by owners of similar properties in the same market area:\n (A) Materially lower electric, heating fuel, or \n water consumption.\n (B) Materially lower emissions of chemicals thought \n to be harmful to humans.\n (C) Materially longer useful life.\n (D) Materially more biodegradable.\n (E) Materially more easily recycled.\n (F) Materially lower use of raw materials or use of \n materially more recycled content.\n (G) Materially lower transportation costs of \n products delivered to the project.\n For purposes of this paragraph, determinations of materiality \n shall be made by the Secretary in the sole discretion of the \n Secretary.\n (2) Related improvements.--For purposes of this section, \n eligible green retrofit improvements shall include improvements \n approved by the Secretary as related or collateral to the \n undertaking or provision of eligible green retrofit \n improvements approved pursuant to paragraph (1) for an eligible \n federally assisted housing project.\n (3) Verification.--For purposes of verifying improvements \n as eligible green retrofit improvements under this subsection, \n the Secretary shall, by regulation, provide for the following:\n (A) Certification of building energy and \n environment auditors, inspectors, and raters by the \n Residential Energy Services Network (RESNET), or an \n equivalent certification system as determined by the \n Secretary.\n (B) Certification or licensing of building energy \n and environmental retrofit contractors by the Building \n Performance Institute (BPI), or an equivalent \n certification or licensing system as determined by the \n Secretary.\n (C) Use of equipment and procedures of the Building \n Performance Institute, Residential Energy Services \n Network, or other appropriate equipment and procedures \n (such as infrared photography and pressurized testing, \n and tests for water use and indoor air quality), as \n determined by the Secretary, to test the energy and \n environmental efficiency of buildings effectively.\n (D) Determination of energy savings by comparison \n of scores on the Home Energy Rating System (HERS) Index \n before and after retrofit, with the final score \n produced by an objective third party.\n (d) Extension of Affordability Restrictions.--\n (1) Grants.--\n (A) In general.--The Secretary may provide a grant \n under this section for an eligible federally assisted \n housing project only if the owner of the project enters \n into such binding commitments as the Secretary shall \n require, which shall be applicable to any subsequent \n owner, to ensure that the project will be operated, \n until the expiration of the period specified in \n subparagraph (B), in accordance with all affordability \n restrictions that are applicable to the project under \n the federal assistance program referred to in \n subsection (b) under which assistance is provided for \n the project.\n (B) Period.--The period specified in this paragraph \n for an eligible federally assisted housing project is \n the period that--\n (i) begins upon the date of the expiration \n of applicability, to the project, of the \n affordability restrictions under the federal \n assistance program referred to in subsection \n (b) under which assistance is provided for the \n project;\n (ii) has such duration, as determined by \n the Secretary, as commensurate with the amount \n of the loan or grant assistance provided under \n this section for the project; and\n (iii) in no case exceeds 30 years.\n The Secretary may make such adjustments to such period \n as may be necessary to take into consideration any more \n significant restrictions accompanying other subsidies \n for the project.\n (2) Loans.--In providing loans under this section for \n eligible federally assisted housing projects, the Secretary may \n require the project to comply with affordability restrictions \n as the Secretary may establish, the terms of which shall be \n commensurate with the term and amount of the loan.\n (e) Limitation on Amount.--The amount of a grant or loan under this \nsection for an eligible federally assisted housing project may not \nexceed--\n (1) a percentage, as determined by the Secretary, of the \n cost of the eligible green retrofit improvements for the \n project described in the retrofit plan under subsection (f)(2) \n for the project; and\n (2) a dollar amount limitation, as the Secretary may \n establish.\n (f) Applications.--\n (1) In general.--The Secretary shall provide for owners of \n eligible federally assisted housing project to submit \n applications to the Secretary for grants and loans under this \n subsection. The Secretary shall require each such application \n to include a retrofit plan under paragraph (2).\n (2) Retrofit plan.--\n (A) Requirements.--The Secretary may not make any \n grant or loan under this section for any eligible green \n retrofit improvements for an eligible federally \n assisted housing project unless the owner of the \n project has submitted to the Secretary, and the \n Secretary has approved (pursuant to any amendments or \n changes as the Secretary may require), a detailed \n written plan regarding such improvements that complies \n with such requirements as the Secretary shall \n establish, which shall include the following:\n (i) The plan shall set forth the current \n utility costs for the project, including costs \n for water, heat, and electricity.\n (ii) The plan shall describe the eligible \n green retrofit improvements to be made for the \n project, setting forth--\n (I) a schedule for completing each \n such improvement;\n (II) the cost of and sources of \n funding for each such improvement;\n (III) the amount of anticipated \n cost savings resulting from each such \n improvement; and\n (IV) a schedule for such savings \n for each such improvement based on the \n current utility costs for the project \n set forth pursuant to clause (i), \n except that such cost-savings schedule \n may not have a term exceeding 10 years.\n (B) Cost-efficiency; cost savings.--The Secretary \n may approve a retrofit plan under this subsection only \n if the Secretary determines that--\n (i) the total present value of the cost \n savings resulting from the eligible green \n retrofit improvements specified in the plan and \n to be recovered over the term of the cost-\n savings schedule included in the plan will \n exceed the cost of making such improvements; \n and\n (ii) the eligible green retrofit \n improvements specified in the plan will result \n in savings in utility or other operating costs \n for the eligible federally assisted housing \n project of not less than 20 percent, in \n comparison to utility and operating costs of \n such project absent the eligible green retrofit \n improvements to be undertaken under the plan.\n (3) Selection priorities.--In selecting applications for \n loans and grants under this section the Secretary may--\n (A) give priority to applications providing for \n eligible green retrofit improvements that are funded in \n part with amounts from sources other than grants and \n loans under this section, and the extent of such \n priority provided may be based on the ratio of such \n funding from other sources; and\n (B) give priority to applications based on the net \n amount of energy efficiency savings resulting from the \n eligible green retrofit improvements to be funded by \n such loans and grants.\n (g) Loans.--In such circumstances as the Secretary may provide, the \nSecretary may provide assistance under this section in the form of a \nloan, which shall have such term to maturity, shall bear interest, and \nshall have such other terms and conditions as the Secretary may \nestablish.\n (h) Treatment of Grant Amounts.--Notwithstanding any other \nprovision of law, assistance amounts under this section may be treated \nas amounts not derived from a Federal grant.\n (i) Monitoring.--\n (1) Submission of information to secretary.--The Secretary \n shall require each owner of an eligible federally assisted \n housing project for which a grant or loan under this section is \n made to submit to the Secretary such information, on a regular \n basis during the term of the cost savings schedule included in \n the retrofit plan for project for which such grant or loan is \n made or during such other term, and in such form and manner, as \n the Secretary considers appropriate to determine the cost \n savings resulting from the eligible green retrofit improvements \n funded with such grant or loan and to provide such other \n information as the Secretary considers necessary.\n (2) Other monitoring.--With respect to eligible federally \n assisted housing projects for which eligible green retrofit \n improvements have been made with assistance under this section, \n the Secretary shall--\n (A) establish guidelines for obtaining \n certification of such projects, after retrofit, as \n Energy Star buildings, for assigning Home Energy Rating \n System (HERS) rating for such projects, and for \n completing applicable building performance labels; and\n (B) establish processes for tracking the numbers \n and locations of such projects and obtaining \n information on projected and actual savings of energy \n and its value over time.\n (j) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Affordability restrictions.--The term ``affordability \n restrictions'' means, with respect to an eligible federally \n assisted housing project, limits imposed by statute, \n regulation, or regulatory agreement on tenant rents, rent \n contributions, or income eligibility.\n (2) Cost-savings schedule.--The term ``cost-savings \n schedule'' means, with respect to a retrofit plan for an \n eligible federally assisted housing project, the schedule \n included in such plan pursuant to subsection (f)(2)(A)(ii)(IV).\n (3) Eligible federally assisted housing project.--The term \n ``eligible federally assisted housing project'' means a housing \n project described in subsection (b).\n (4) Retrofit plan.--The term ``retrofit plan'' means a plan \n required under subsection (f)(2).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (k) Authorization of Appropriations.--There is authorized to be \nappropriated such sums for each of fiscal years 2010 through 2014, \nwhich shall be available for--\n (1) grants under this section; and\n (2) costs (as such term in defined in section 502 of the \n Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of loans \n under this section.\n (l) Regulations.--The Secretary shall issue any regulations \nnecessary to carry out this section.","summary":"Green Affordable Housing Act of 2009 - Requires the Secretary of Housing and Urban Development (HUD) to carry out a program of grants and loans to owners of specified eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. Conditions such grants or loans on a HUD approved retrofit plan by the owners of such projects.","title":"To authorize the Secretary of Housing and Urban Development to make grants and loans to owners of federally assisted housing projects for costs of making green retrofit improvements to such projects.","text_len":16684,"sum_len":373} {"bill_id":"114_s3515","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Investing in Neighborhood-focused, \nVital, Evidence-based Strategies and Trust to Prevent Crime Act of \n2016'' or the ``INVEST to Prevent Crime Act''.\n\nSEC. 2. DEMONSTRATION GRANT PROGRAM.\n\n (a) In General.--Title I of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at \nthe end the following:\n\n ``PART MM--DEMONSTRATION GRANT PROGRAM\n\n``SEC. 3031. DEFINITIONS.\n\n ``In this part--\n ``(1) the term `crime hot spot' means a defined geographic \n area within a target neighborhood where, for not less than 1 \n year, the occurrence of crime is so frequent that it is highly \n predictable;\n ``(2) the term `eligible entity' means a State, unit of \n local government, Indian tribe, tribal organization, non-profit \n organization, or institution of higher education that is a \n member of a community consortium, which includes not less than \n 1 partner law enforcement agency, that is committed to working \n with law enforcement agencies, community leaders, and research \n partners to develop an evidence-based or research-based, cross-\n sector strategy to revitalize a target neighborhood facing \n significant crime challenges;\n ``(3) the term `evidence-based practice' means a program, \n strategy, or procedure that has been demonstrated as effective \n by causal evidence, obtained through one or more outcome \n evaluations;\n ``(4) the terms `Indian tribe' and `tribal organization' \n have the meanings given those terms in section 4 of the Indian \n Self-Determination and Education Assistance Act (25 U.S.C. \n 5304);\n ``(5) the term `institution of higher education' has the \n meaning given the term in section 102 of the Higher Education \n Act of 1965 (20 U.S.C. 1002);\n ``(6) the term `State' means each of the 50 States, the \n District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, American Samoa, Guam, and the \n Northern Mariana Islands;\n ``(7) the term `target neighborhood' means a defined \n geographic area that is the focus of a project funded by a \n grant awarded under this part; and\n ``(8) the term `unit of local government' means a county, \n municipality, city, town, township, village, parish, borough, \n or other unit of general government below the State level.\n\n``SEC. 3032. PROGRAM AUTHORIZED.\n\n ``(a) In General.--The Attorney General may--\n ``(1) make grants to eligible entities to prepare a \n comprehensive plan for and implement enhancement of the \n capacity of local and tribal communities to effectively target \n and address significant crime issues through collaborative \n cross-sector approaches; and\n ``(2) provide training and technical assistance to eligible \n entities that receive grants under this part.\n ``(b) Project Goals.--Projects funded under this section shall--\n ``(1) identify a target neighborhood facing significant \n crime challenges;\n ``(2) use evidence-based practices or research-based \n practices;\n ``(3) encourage active involvement and leadership from \n neighborhood residents, business owners, organizations, and \n others who live, work, or conduct business in the target \n neighborhood; and\n ``(4) build cross-sector partnerships to address crime \n problems from multiple perspectives.\n ``(c) Applications.--\n ``(1) In general.--To receive a planning grant or an \n implementation grant under this section, an eligible entity \n shall submit an application to the Attorney General in such \n form and containing such information as the Attorney General \n may reasonably require.\n ``(2) Combined application.--The Attorney General may \n develop a procedure under which an eligible entity may apply at \n the same time and in a single application for a planning grant \n and an implementation grant under this section, with receipt of \n the implementation grant conditioned on the successful \n completion of the activities funded by the planning grant.\n ``(3) Research partner.--\n ``(A) In general.--An applicant for a grant under \n this section shall identify a research partner, such as \n an institution of higher education, research center, or \n State or local agency, to--\n ``(i) conduct a detailed crime analysis \n during the planning period described in \n subsection (d)(1)(A); and\n ``(ii) assist the grant recipient to select \n the most appropriate evidence-based practices \n or research-based practices to apply based on \n the research findings.\n ``(B) Continued assistance.--A research partner \n described in subparagraph (A) shall remain engaged \n throughout the duration of the grant by continuing to \n provide and analyze data to help inform project \n implementation.\n ``(d) Duration of Grants.--\n ``(1) In general.--Except as provided in paragraph (2)--\n ``(A) a planning grant awarded under this section \n shall be used by the recipient for a period not to \n exceed 12 months; and\n ``(B) an implementation grant awarded under this \n section shall be used by the recipient for a period not \n to exceed 36 months.\n ``(2) Extension of planning or implementation.--Upon \n request of a grant recipient, the Attorney General may allow \n the grant recipient to extend the planning period described in \n paragraph (1)(A) or the implementation period described in \n paragraph (1)(B) for a reasonable length of time, as determined \n by the Attorney General.\n ``(3) Limitation on additional funds.--If the Attorney \n General allows an extension under paragraph (2), the Attorney \n General may not award additional grant funds.\n ``(e) Planning Grants.--A grant awarded for the planning phase of a \nproject may be used to--\n ``(1) identify, verify, and prioritize crime hot spots \n within the target neighborhood;\n ``(2) build community partnerships and facilitate \n leadership to ensure residents are active participants in the \n strategy to address crime in the community;\n ``(3) collaborate with local law enforcement agencies, \n research partners, and the community to analyze the drivers of \n crime and assess the needs of the community and the available \n resources to meet those needs; and\n ``(4) work with community consortium partners to develop a \n comprehensive cross-sector strategic plan to reduce crime in \n the target neighborhood that is based on the findings made \n under paragraph (3).\n ``(f) Implementation Grants.--Funds awarded for the implementation \nphase of a project may be used to--\n ``(1) convene regular meetings of cross-sector partners and \n the project management team;\n ``(2) continue work with research partners to assess \n project implementation;\n ``(3) modify strategies developed during project planning \n as appropriate;\n ``(4) support personnel and program costs to implement \n strategies developed during project planning;\n ``(5) pursue community engagement and leadership \n development; and\n ``(6) identify and develop a long-term sustainable strategy \n to continue to achieve the project's goals after the conclusion \n of the implementation period.\n\n``SEC. 3033. REPORT TO CONGRESS.\n\n ``At the end of the first grant year, and each year thereafter, the \nAttorney General shall submit a report to the Committee on the \nJudiciary of the Senate and the Committee on the Judiciary of the House \nof Representatives that provides an overall assessment of the \noutcomes--\n ``(1) achieved by the demonstration projects funded under \n this part; and\n ``(2) achieved by any demonstration projects that--\n ``(A) received funding under the Byrne Criminal \n Justice Innovation program of the Department of Justice \n during fiscal years 2013 through 2016; and\n ``(B) were carried out during the grant year to \n which the report pertains.\n\n``SEC. 3034. GRANT ACCOUNTABILITY.\n\n ``(a) Accountability.--All grants awarded by the Attorney General \nunder this part shall be subject to the following accountability \nprovisions:\n ``(1) Audit requirement.--\n ``(A) Definition.--In this paragraph, the term \n `unresolved audit finding' means a finding in the final \n audit report of the Inspector General of the Department \n of Justice that the audited grantee has utilized grant \n funds for an unauthorized expenditure or otherwise \n unallowable cost that is not closed or resolved within \n 12 months from the date when the final audit report is \n issued.\n ``(B) Audits.--Beginning in the first fiscal year \n beginning after the date of enactment of this \n subsection, and in each fiscal year thereafter, the \n Inspector General of the Department of Justice shall \n conduct audits of recipients of grants under this part \n to prevent waste, fraud, and abuse of funds by \n grantees. The Inspector General shall determine the \n appropriate number of grantees to be audited each year.\n ``(C) Mandatory exclusion.--A recipient of grant \n funds under this part that is found to have an \n unresolved audit finding shall not be eligible to \n receive grant funds under this part during the first 2 \n fiscal years beginning after the end of the 12-month \n period described in subparagraph (A).\n ``(D) Priority.--In awarding grants under this \n part, the Attorney General shall give priority to \n eligible applicants that did not have an unresolved \n audit finding during the 3 fiscal years before \n submitting an application for a grant under this part.\n ``(E) Reimbursement.--If an entity is awarded grant \n funds under this part during the 2-fiscal-year period \n during which the entity is barred from receiving grants \n under subparagraph (C), the Attorney General shall--\n ``(i) deposit an amount equal to the amount \n of the grant funds that were improperly awarded \n to the grantee into the General Fund of the \n Treasury; and\n ``(ii) seek to recoup the costs of the \n repayment to the fund from the grant recipient \n that was erroneously awarded grant funds.\n ``(2) Nonprofit organization requirements.--\n ``(A) Definition.--For purposes of this paragraph \n and the grant programs under this part, the term \n `nonprofit organization' means an organization that is \n described in section 501(c)(3) of the Internal Revenue \n Code of 1986 and is exempt from taxation under section \n 501(a) of such Code.\n ``(B) Prohibition.--The Attorney General may not \n award a grant under this part to a nonprofit \n organization that holds money in offshore accounts for \n the purpose of avoiding paying the tax described in \n section 511(a) of the Internal Revenue Code of 1986.\n ``(C) Disclosure.--Each nonprofit organization that \n is awarded a grant under this part and uses the \n procedures prescribed in regulations to create a \n rebuttable presumption of reasonableness for the \n compensation of its officers, directors, trustees, and \n key employees, shall disclose to the Attorney General, \n in the application for the grant, the process for \n determining such compensation, including the \n independent persons involved in reviewing and approving \n such compensation, the comparability data used, and \n contemporaneous substantiation of the deliberation and \n decision. Upon request, the Attorney General shall make \n the information disclosed under this subparagraph \n available for public inspection.\n ``(3) Conference expenditures.--\n ``(A) Limitation.--No amounts made available to the \n Department of Justice under this part may be used by \n the Attorney General, or by any individual or entity \n awarded discretionary funds through a cooperative \n agreement under this part, to host or support any \n expenditure for conferences that uses more than $20,000 \n in funds made available by the Department of Justice, \n unless the head of the relevant agency or department, \n provides prior written authorization that the funds may \n be expended to host the conference.\n ``(B) Written approval.--Written approval under \n subparagraph (A) shall include a written estimate of \n all costs associated with the conference, including the \n cost of all food, beverages, audio-visual equipment, \n honoraria for speakers, and entertainment.\n ``(C) Report.--The Deputy Attorney General shall \n submit an annual report to the Committee on the \n Judiciary of the Senate and the Committee on the \n Judiciary of the House of Representatives on all \n conference expenditures approved under this paragraph.\n ``(4) Annual certification.--Beginning in the first fiscal \n year beginning after the date of enactment of this subsection, \n the Attorney General shall submit, to the Committee on the \n Judiciary and the Committee on Appropriations of the Senate and \n the Committee on the Judiciary and the Committee on \n Appropriations of the House of Representatives, an annual \n certification--\n ``(A) indicating whether--\n ``(i) all audits issued by the Office of \n the Inspector General under paragraph (1) have \n been completed and reviewed by the appropriate \n Assistant Attorney General or Director;\n ``(ii) all mandatory exclusions required \n under paragraph (1)(C) have been issued; and\n ``(iii) all reimbursements required under \n paragraph (1)(E) have been made; and\n ``(B) that includes a list of any grant recipients \n excluded under paragraph (1) from the previous year.\n ``(b) Preventing Duplicative Grants.--\n ``(1) In general.--Before the Attorney General awards a \n grant to an applicant under this part, the Attorney General \n shall compare potential grant awards with other grants awarded \n under this part to determine if duplicate grant awards are \n awarded for the same purpose.\n ``(2) Report.--If the Attorney General awards duplicate \n grants to the same applicant for the same purpose the Attorney \n General shall submit to the Committee on the Judiciary of the \n Senate and the Committee on the Judiciary of the House of \n Representatives a report that includes--\n ``(A) a list of all duplicate grants awarded, \n including the total dollar amount of any duplicate \n grants awarded; and\n ``(B) the reason the Attorney General awarded the \n duplicate grants.''.\n (b) Authorization of Appropriations.--Section 1001(a) of title I of \nthe Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3793(a)) is amended by adding at the end the following:\n ``(28) For activities under part MM, there are authorized \n to be appropriated $20,000,000 for each of fiscal years 2017 \n through 2021.''.","summary":"Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016 or the INVEST to Prevent Crime Act This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for governments, nonprofit organizations, and institutions of higher education to prepare a comprehensive plan and enhance community capacity to address crime through collaborative cross-sector approaches.","title":"Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016","text_len":17461,"sum_len":448} {"bill_id":"109_s1344","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Health Center Volunteer \nProvider Protection Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress finds as follows:\n (1) As there are over 45,000,000 individuals lacking health \n insurance or who have inadequate health care coverage in the \n United States, health centers under section 330 of the Public \n Health Service Act (42 U.S.C. 254b), including community health \n centers, are increasingly called upon to provide care to the \n uninsured and underinsured.\n (2) These health centers are being challenged by increasing \n financial pressures that jeopardize their ability to provide \n access to health services for a number of large medically \n underserved populations, including the elderly, the uninsured, \n and lower-income individuals.\n (3) Granting volunteer physician liability coverage through \n the program under section 224(g) of the Public Health Service \n Act (relating to the provisions of title 28, United States \n Code, that are commonly referred to as the Federal Tort Claims \n Act) (42 U.S.C. 233(g)) would significantly increase the number \n of physicians available onsite at such health centers. Federal \n studies have concluded that by offering liability coverage, \n such centers are able to redirect funds to recruit full-time \n physicians and provide needed health care services to their \n communities.\n (4) In addition, an increase in volunteer physicians at the \n health centers will result in a direct improvement in the \n ability of the centers to offer quality health care services \n where the services are needed most.\n\nSEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY \n PROTECTIONS FOR VOLUNTEER PRACTITIONERS.\n\n (a) In General.--Section 224 of the Public Health Service Act (42 \nU.S.C. 233) is amended--\n (1) in subsection (g)(1)(A)--\n (A) in the first sentence, by striking ``or \n employee'' and inserting ``employee, or (subject to \n subsection (k)(4)) volunteer practitioner''; and\n (B) in the second sentence, by inserting ``and \n subsection (k)(4)'' after ``subject to paragraph (5)''; \n and\n (2) in each of subsections (g), (i), (j), (k), (l), and \n (m), by striking ``employee, or contractor'' each place such \n term appears and inserting ``employee, volunteer practitioner, \n or contractor''.\n (b) Applicability; Definition.--Section 224(k) of the Public Health \nService Act (42 U.S.C. 233(k)) is amended by adding at the end the \nfollowing paragraph:\n ``(4)(A) Subsections (g) through (m) apply with respect to \nvolunteer practitioners beginning with the first fiscal year for which \nan appropriations Act provides that amounts in the fund under paragraph \n(2) are available with respect to such practitioners.\n ``(B) For purposes of subsections (g) through (m), the term \n`volunteer practitioner' means a practitioner who, with respect to an \nentity described in subsection (g)(4), meets the following conditions:\n ``(i) The practitioner is a licensed physician or a \n licensed clinical psychologist.\n ``(ii) At the request of such entity, the practitioner \n provides services to patients of the entity, at a site at which \n the entity operates or at a site designated by the entity. The \n weekly number of hours of services provided to the patients by \n the practitioner is not a factor with respect to meeting \n conditions under this subparagraph.\n ``(iii) The practitioner does not for the provision of such \n services receive any compensation from such patients, from the \n entity, or from third-party payors (including reimbursement \n under any insurance policy or health plan, or under any Federal \n or State health benefits program).''.\n\nSEC. 4. STUDY ON ADEQUACY OF FUNDING FOR COVERAGE.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study concerning the adequacy of funding for liability \ncoverage through the program under section 224(g) of the Public Health \nService Act (relating to the provisions of title 28, United States \nCode, that are commonly referred to as the Federal Tort Claims Act) (42 \nU.S.C. 233(g)) for--\n (1) public or nonprofit private entities receiving Federal \n funds for health centers under section 330 of such Act (42 \n U.S.C. 254b); and\n (2) volunteer practitioners serving such health centers.\n (b) Report.--Not later than 6 months after the date of enactment of \nthis Act, the Comptroller General of the United States shall prepare \nand submit to the appropriate committees of Congress a report \ncontaining findings and recommendations from the study conducted under \nsubsection (a), including recommendations concerning the adequacy of \nthe funding described in subsection (a).","summary":"Community Health Center Volunteer Provider Protection Act of 2005 - Amends the Public Health Service Act to deem volunteer practitioners at health centers as employees of the Public Health Service for purposes of any civil action that may arise due to providing services to patients at such health centers. Defines volunteer practitioner as a licensed physician who: (1) at the request of the entity, provides services to patients of a public or nonprofit entity receiving Federal funds for serving medically underserved areas. (2) provides such service at a site at which the entity operates or at a site designated by the entity. And (3) does not receive any compensation for the provision of services. Requires the Comptroller General to study the adequacy of funding for liability coverage for: (1) public or nonprofit private entities receiving federal funds for health centers, and (2) volunteer practitioners serving such centers.","title":"A bill to amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.","text_len":5173,"sum_len":937} {"bill_id":"103_s1969","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Worker Adjustment \nand Retraining Notification Amendments Act''.\n (b) Reference.--Except as specifically provided otherwise, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nWorker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et \nseq.).\n\nSEC. 2. DEFINITIONS.\n\n (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1) \nthrough (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to \nread as follows:\n ``(1) the term `employer' means any business enterprise \n that employs 50 or more employees;\n ``(2) the term `plant closing' means--\n ``(A) the permanent or temporary shutdown of a \n single site of employment, or of one or more facilities \n or operating units within a single site of employment, \n which results in an employment loss at such site, \n during any 30-day period, for 25 or more employees; or\n ``(B) the permanent or temporary shutdown of one or \n more sites of employment, or of one or more facilities \n or operating units within such sites, which results in \n an employment loss, during any 30-day period, for 100 \n or more employees.\n ``(3) the term `mass layoff' means--\n ``(A) a reduction in force at a single site of \n employment which results in an employment loss at such \n site, during any 30-day period, for 25 or more \n employees; or\n ``(B) a reduction in force which results in an \n employment loss, during any 30-day period, for 100 or \n more employees.''.\n (b) Conforming Amendments.--\n (1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by \n striking out ``, each of which is less than the minimum number \n of employees specified in section 2(a) (2) or (3) but which in \n the aggregate exceed that minimum number,'' and inserting in \n lieu thereof ``which in the aggregate exceed the minimum number \n of employees specified in section 2(a) (2) or (3)''.\n (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is \n amended by striking ``(other than a part-time employee)''.\n (c) Secretary of Labor.--\n (1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C. \n 2101(a)(8)) is amended to read as follows:\n ``(8) the term `Secretary' means the Secretary of Labor or \n a representative of the Secretary of Labor.''.\n (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is \n amended by striking ``of Labor''.\n\nSEC. 3. NOTICE.\n\n (a) Period.--Section 3 (29 U.S.C. 2102) is amended--\n (1) in subsection (a), by striking ``a 60-day period \n after'' and inserting ``the applicable notice period required \n after'';\n (2) in subsection (b), by striking ``60-day period'' each \n place such term appears and inserting ``notice period'';\n (3) by redesignating subsections (b) through (d) as \n subsections (c) through (e), respectively; and\n (4) by inserting after subsection (a), the following new \n subsection:\n ``(b) Notice Period.--As used in this section, the term `notice \nperiod' means--\n ``(1) in the case of a plant closing or mass layoff which \n results in an employment loss for at least 25 but not more than \n 49 employees, 30 days;\n ``(2) in the case of a plant closing or mass layoff which \n results in an employment loss for at least 50 but not more than \n 99 employees, 60 days; and\n ``(3) in the case of a plant closing or mass layoff which \n results in an employment loss for at least 100 employees, 90 \n days.''.\n (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) \nis amended in the matter following subparagraph (B), by striking ``60 \ndays'' and inserting ``the applicable notice period''.\n (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended \nby striking ``or, if there is no such representative at that time, to \neach affected employee'' and inserting ``and to each affected \nemployee''.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--\n (1) in subparagraph (A)(ii), by striking ``and'' at the end \n thereof;\n (2) by redesignating subparagraph (B) as subparagraph (D); \n and\n (3) by inserting after subparagraph (A) the following new \n subparagraphs:\n ``(B) interest on the amount described in subparagraph (A) \n calculated at the prevailing rate;\n ``(C) an additional amount as liquidated damages equal to \n the sum of the amount described in subparagraph (A) and the \n interest described in subparagraph (B); and''.\n (b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended \nby striking ``reduce the amount of the liability or penalty provided \nfor in this section'' and inserting ``reduce the amount of the \nliability under subparagraph (C) of paragraph (1) and reduce the amount \nof the penalty provided for in paragraph (3)''.\n (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C. \n2104(a)(5)) is amended--\n (1) by striking ``may sue,'' and inserting ``may,'';\n (2) by inserting after ``both,'' the following: ``(A) file \n a complaint with the Secretary alleging a violation of section \n 3, or (B) bring suit''; and\n (3) by adding at the end thereof the following new \n sentence: ``A person seeking to enforce such liability may use \n one or both of the enforcement mechanisms described in \n subparagraphs (A) and (B).''.\n (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is \namended--\n (1) by redesignating subsection (b) as subsection (d); and\n (2) by inserting after subsection (a) the following new \n subsections:\n ``(b) Action by the Secretary.--\n ``(1) Administrative action.--The Secretary shall receive, \n investigate, and attempt to resolve complaints of violations of \n section 3 by an employer in the same manner that the Secretary \n receives, investigates, and attempts to resolve complaints of \n violations of sections 6 and 7 of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 206 and 207).\n ``(2) Subpoena powers.--For the purposes of any \n investigation provided for in this section, the Secretary shall \n have the subpoena authority provided for under section 9 of the \n Fair Labor Standards Act of 1938 (29 U.S.C. 209).\n ``(3) Civil action.--The Secretary may bring an action in \n any court of competent jurisdiction to recover on behalf of an \n employee the back pay, interest, benefits, and liquidated \n damages described in subsection (a)(1).\n ``(4) Sums recovered.--Any sums recovered by the Secretary \n on behalf of an employee under subparagraphs (A), (B), and (D) \n of section 5(a)(1) shall be held in a special deposit account \n and shall be paid, on order of the Secretary, directly to each \n employee affected. Any such sums not paid to an employee \n because of inability to do so within a period of 3 years, and \n any sums recovered by the Secretary under subparagraph (C) of \n section 5(a)(1), shall be credited as an offsetting collection \n to the appropriations account of the Secretary of Labor for \n expenses for the administration of this Act and shall remain \n available to the Secretary until expended.\n ``(5) Action to compel relief by secretary.--The district \n courts of the United States shall have jurisdiction, for cause \n shown, over an action brought by the Secretary to restrain the \n withholding of payment of back pay, interest, benefits, or \n other compensation, plus interest, found by the court to be due \n to employees under this Act.\n ``(c) Limitations Period.--\n ``(1) In general.--An action may be brought under this \n section not later than 2 years after the date of the last event \n constituting the alleged violation for which the action is \n brought.\n ``(2) Commencement.--In determining when an action is \n commenced under this section for the purposes of paragraph (1), \n it shall be considered to be commenced on the date on which the \n complaint is filed.''.\n\nSEC. 5. POSTING OF NOTICES; PENALTIES.\n\n The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end \nthereof the following new section:\n\n``SEC. 11. POSTING OF NOTICES; PENALTIES.\n\n ``(a) Posting of Notices.--Each employer shall post and keep posted \nin conspicuous places upon its premises where notices to employees are \ncustomarily posted a notice to be prepared or approved by the Secretary \nof Labor setting forth excerpts from, or summaries of, the pertinent \nprovisions of this chapter and information pertinent to the filing of a \ncomplaint.\n ``(b) Penalties.--A willful violation of this section shall be \npunishable by a fine of not more than $100 for each separate \noffense.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect on \nthe date of the enactment of this Act.","summary":"Worker Adjustment and Retraining Notification Amendments Act - Amends the Worker Adjustment and Retraining Act to cover employers of 50 or more employees . Covers single-site plant closings or mass layoffs affecting 25 or more employees . Eliminates the single-site requirement for plant closings or mass layoffs affecting 100 or more employees, thus covering such closings or layoffs by one employer regardless of the number of sites involved. Specifies that the 90-day aggregate rule covers all related layoffs within that period, whether or not they are each above or below the threshold levels. Extends coverage to part-time employees. Revises the notice period based on the number of employees affected: (1) 25-49, 30 days, (2) 50-99, 60 days. And (3) 100 or more, 90 days. Requires employer notice to each affected employee . Revises and adds enforcement requirements. Adds to employer liability for violations: (1) interest on back pay owed. And (2) an additional amount as liquidated damages equal to the back pay and interest. Limits a good faith exemption to reduction of liability for interest and for a civil penalty. Allows aggrieved employees to enforce employer liability by bringing suit andor filing a complaint with the Secretary of Labor. Directs the Secretary to investigate and resolve such complaints. Authorizes the Secretary to bring civil actions on behalf of the employee for back pay, interest, benefits, and liquidated damages. Establishes a two-year statute of limitations. Requires employers to post notices to employees of pertinent provisions of the Act and information on filing complaints. Establishes fines for willful violations of such posting requirement.","title":"Worker Adjustment and Retraining Notification Amendments Act","text_len":9812,"sum_len":1693} {"bill_id":"113_hr4214","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native Language Immersion Student \nAchievement Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Congress established the unique status of Native \n American languages and distinctive policies supporting their \n use as a medium of education in the Native American Languages \n Act (Public Law 101-477).\n (2) Reports from the Bureau of Indian Affairs and tribal, \n public, charter, and private schools and colleges that use \n primarily Native American languages to deliver education, have \n indicated that students from these schools have generally had \n high school graduation and college attendance rates above the \n norm for their peers.\n (3) The Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6301 et seq.) includes policy barriers to schools taught \n through Native American languages and a lack of adequate \n funding to support such opportunities.\n (4) There is a critical need that requires immediate action \n to support education through Native American languages to \n preserve these languages.\n\nSEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS.\n\n Title VII of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 7401 et seq.) is amended by adding at the end the following:\n\n ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS\n\n``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS.\n\n ``(a) Purposes.--The purposes of this section are--\n ``(1) to establish a grant program to support schools using \n Native American languages as the primary language of \n instruction of all curriculum taught at the school that will \n improve high school graduation rates, college attainment, and \n career readiness; and\n ``(2) to further integrate into this Act, Federal policy \n for such schools, as established in the Native American \n Languages Act (Public Law 101-477).\n ``(b) Program Authorized.--\n ``(1) In general.--From the amounts made available to carry \n out this section, the Secretary may award grants to eligible \n entities to develop and maintain, or to improve and expand, \n programs that support schools, including prekindergarten \n through postsecondary education, using Native American \n languages as the primary language of instruction of all \n curriculum taught at the schools.\n ``(2) Eligible entities.--In this section, the term \n `eligible entity' means a school or a private or tribal, \n nonprofit organization that has a plan to develop and maintain, \n or to improve and expand, programs that support schools using \n Native American languages as the primary language of \n instruction of all curriculum taught at the schools.\n ``(c) Application.--\n ``(1) In general.--An eligible entity that desires to \n receive a grant under this section shall submit an application \n to the Secretary at such time, in such manner, and containing \n such information as the Secretary may require, including the \n following:\n ``(A) The name of the Native American language to \n be used for instruction at the school supported by the \n eligible entity.\n ``(B) The number of students attending such school.\n ``(C) The number of present hours of Native \n American language instruction being provided to \n students at such school, if any.\n ``(D) The status of such school with regard to any \n applicable tribal education department or agency, \n public education system, indigenous language schooling \n research and cooperative, or accrediting body.\n ``(E) A statement that such school--\n ``(i) is engaged in meeting targeted \n proficiency levels for students, as may be \n required by applicable Federal, State, or \n tribal law; and\n ``(ii) provides assessments of student \n using the Native American language of \n instruction, where appropriate.\n ``(F) A list of the instructors, staff, \n administrators, contractors, or subcontractors at such \n school and their qualifications to deliver high quality \n education through the Native American language of the \n school.\n ``(2) Additional application materials.--In addition to the \n application described in paragraph (1), an eligible entity that \n desires to receive a grant under this section shall submit to \n the Secretary the following:\n ``(A) A certification from a Federally recognized \n Indian tribe, or a letter from any Native American \n entity, on whose land the school supported by the \n eligible entity is located, or which is served by such \n school, indicating that the school has the capacity to \n provide education primarily through a Native American \n language and that there are sufficient speakers of such \n Native American language at the school or available to \n be hired by the school.\n ``(B) A statement that such school will participate \n in data collection conducted by the Secretary that will \n determine best practices and further academic \n evaluation of the school.\n ``(C) A demonstration of the capacity to have \n speakers of its Native American language provide the \n basic education offered by such school on a full-time \n basis.\n ``(d) Awarding of Grants.--In awarding grants under this section, \nthe Secretary shall--\n ``(1) determine the amount and length of each grant;\n ``(2) ensure, to the maximum extent feasible, that \n diversity in languages is represented; and\n ``(3) require the eligible entities to present a Native \n language education plan to improve high school graduation \n rates, college attainment, and career readiness.\n ``(e) Activities Authorized.--An eligible entity that receives a \ngrant under this section shall carry out the following activities:\n ``(1) Support Native American language education and \n development.\n ``(2) Develop or refine instructional curriculum for the \n school supported by the eligible entity, including distinctive \n teaching materials and activities, as appropriate.\n ``(3) Fund training opportunities for teachers and, as \n appropriate, staff and administrators, that would strengthen \n the overall language and academic goals of such school.\n ``(4) Other activities that promote Native American \n language education and development, as appropriate.\n ``(f) Report to Secretary.--Each eligible entity that receives a \ngrant under this section shall provide an annual report to the \nSecretary in such form and manner as the Secretary may require.\n ``(g) Authorization of Appropriation.--There is authorized to be \nappropriated to carry out this section $5,000,000 for fiscal year 2015, \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears.''.","summary":"Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development. Develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities. Fund training opportunities for school staff that strengthen the overall language and academic goals of their schools. And engage in other activities that promote Native American language education and development.","title":"Native Language Immersion Student Achievement Act","text_len":7729,"sum_len":1079} {"bill_id":"113_hr2772","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rape Survivor Child Custody Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Men who father children through rape should be \n prohibited from visiting or having custody of those children.\n (2) According to several studies, it is estimated that \n there are between 25,000 and 32,000 rape-related pregnancies \n annually in the United States.\n (3) A substantial number of women choose to raise their \n child conceived through rape and, as a result, may face custody \n battles with their rapists.\n (4) According to one study, 32.3 percent of women who were \n raped and became pregnant as a result of the rape kept their \n child.\n (5) Another study found that, of the 73 percent of women \n who became pregnant as a result of a rape and carried their \n pregnancies to term, 64 percent raised their children.\n (6) Rape is one of the most under-prosecuted serious \n crimes, with estimates of criminal conviction occurring in less \n than 5 percent of rapes.\n (7) The clear and convincing evidence standard is the most \n common standard for termination of parental rights among the 50 \n States, territories, and the District of Columbia.\n (8) The Supreme Court established that the clear and \n convincing evidence standard satisfies due process for \n allegations to terminate or restrict parental rights in \n Santosky v. Kramer (455 U.S. 745 (1982)).\n (9) Currently only 6 States have statutes allowing rape \n survivors to petition for the termination of parental rights of \n the rapist based on clear and convincing evidence that the \n child was conceived through rape.\n (10) A rapist pursuing parental or custody rights forces \n the survivor to have continued interaction with the rapist, \n which can have traumatic psychological effects on the survivor, \n making it more difficult for her to recover.\n (11) These traumatic effects on the mother can severely \n negatively impact her ability to raise a healthy child.\n (12) Rapists may use the threat of pursuing custody or \n parental rights to coerce survivors into not prosecuting rape, \n or otherwise harass, intimidate, or manipulate them.\n\nSEC. 3. GRANTS AUTHORIZED.\n\n The Attorney General shall make grants to States that have in place \na law that allows the mother of any child that was conceived through \nrape to seek court-ordered termination of the parental rights of her \nrapist with regard to that child, which the court shall grant upon \nclear and convincing evidence of rape.\n\nSEC. 4. APPLICATION.\n\n A State seeking a grant under this Act shall submit an application \nto the Attorney General at such time, in such manner, and containing \nsuch information as the Attorney General may reasonably require, \nincluding information about the law described in section 3.\n\nSEC. 5. GRANT AMOUNT.\n\n The amount of a grant to a State under this Act shall be in an \namount that is not greater than 10 percent of the average of the total \namount of funding of the 3 most recent awards that the State received \nunder the following grant programs:\n (1) Part T of title I of the Omnibus Crime Control and Safe \n Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly \n referred to as the ``STOP Violence Against Women Formula Grant \n Program'').\n (2) Section 41601 of the Violence Against Women Act of 1994 \n (42 U.S.C. 14043g) (commonly referred to as the ``Sexual \n Assault Services Program'').\n\nSEC. 6. GRANT TERM.\n\n (a) In General.--The term of a grant under this Act shall be for \none year.\n (b) Renewal.--A State that receives a grant under this Act may \nsubmit an application for a renewal of such grant at such time, in such \nmanner, and containing such information as the Attorney General may \nreasonably require.\n (c) Limit.--A State may not receive a grant under this Act for more \nthan 4 years.\n\nSEC. 7. USES OF FUNDS.\n\n A State that receives a grant under this section shall use--\n (1) 25 percent of such funds for any of the permissible \n uses of funds under the grant program described in paragraph \n (1) of section 5; and\n (2) 75 percent of such funds for any of the permissible \n uses of funds under the grant program described in paragraph \n (2) of section 5.\n\nSEC. 8. TERMINATION DEFINED.\n\n (a) In General.--In this Act, the term ``termination'' means, when \nused with respect to parental rights, a complete and final termination \nof the parent's right to custody of, guardianship of, visitation with, \naccess to, and inheritance from a child.\n (b) Rule of Construction.--Nothing in this section shall be \nconstrued to require a State, in order to receive a grant under this \nAct, to have in place a law that terminates any obligation of a person \nwho fathered a child through rape to support the child.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $5,000,000 for each of \nfiscal years 2014 through 2018.","summary":"Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10 of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program. And (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25 of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75 of funds for permissible uses under the Sexual Assault Services Program.","title":"Rape Survivor Child Custody Act","text_len":5322,"sum_len":918} {"bill_id":"111_hr4199","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Patient Health and Real Medication \nAccess Cost Savings Act of 2009'' or the ``PHARMACY Bill''.\n\nSEC. 2. PATIENT CHOICE.\n\n A consumer shall have the right to choose to purchase prescription \ndrugs from any domestic pharmacy that meets all applicable Federal and \nState licence and permit requirements.\n\nSEC. 3. REGULATION OF PHARMACY BENEFIT MANAGERS.\n\n Not later than January 1, 2011, the Secretary of Health and Human \nServices shall issue regulations to ensure the following:\n (1) Access to and choice of pharmacy.--\n (A) Incentives.--A pharmacy benefit manager \n (referred to in this section as a ``PBM'') may not \n provide incentives (including variations in premiums, \n deductibles, co-payments, or co-insurance rates) to \n enrollees of pharmacy benefit plans administered by \n such PBM for the purpose of encouraging such enrollees \n to use certain pharmacies (including mail order \n pharmacies, speciality drug pharmacies, or other \n entities) unless the PBM offers the same incentives for \n all pharmacies in the network for such plan.\n (B) Mandates.--A PBM may not refer, coerce, or \n mandate that an enrollee of a pharmacy benefit plan \n administered by such PBM use a specific mail order \n pharmacy, specialty drug pharmacy, or other entity--\n (i) if the PBM has an ownership interest in \n a such pharmacy or entity; or\n (ii) if the pharmacy or entity has an \n ownership interest in such PBM.\n (C) Pharmacy networks.--A PBM or pharmacy benefit \n plan sponsor may not exclude a pharmacy from a pharmacy \n network if--\n (i) the pharmacy agrees to the terms of the \n network contract;\n (ii) the pharmacy meets all applicable \n Federal and State licence and permit \n requirements; and\n (iii) the owners of the pharmacy have not \n been convicted of a Federal crime related to \n owning or managing a pharmacy.\n (2) Encourage generic drugs.--\n (A) Cost to consumers.--\n (i) In general.--Subject to clause (iii), a \n PBM shall ensure that enrollees of pharmacy \n benefit plans administered by such a PBM pay a \n copayment of 20 percent for brand name drugs, \n not to exceed a maximum amount of $150 per \n prescription.\n (ii) Annual updates to amount.--The maximum \n amount under clause (i) shall be updated \n annually for inflation based on the consumer \n price index.\n (iii) Exception for state medicaid \n programs.--Clause (i) shall not apply to a PBM \n with respect to enrollees of a State Medicaid \n program that limits or prohibits copayments for \n prescription drugs.\n (B) Payments to pharmacies.--\n (i) In general.--With respect to a pharmacy \n benefit plan that is at least partially funded \n with Federal funds, the PBM administering such \n plan shall reimburse a pharmacy that is in the \n network for such a plan at least--\n (I) 107 percent of the Wholesale \n Acquisition Cost plus a minimum \n professional dispensing fee of $4.25 \n for a prescription for a brand-name \n drug;\n (II) 190 percent of the Federal \n Upper Limit plus a minimum professional \n dispensing fee of $8.50 for a \n prescription for a generic drug; and\n (III) a professional service fee \n for any additional pharmacy services \n provided by the pharmacy, in an amount \n set by the Secretary of Health and \n Human Services.\n (ii) Adjustment for inflation.--The \n professional dispensing fees under clause (i) \n shall be adjusted annually for inflation, based \n on the consumer price index.\n (3) Payments and charges between pbms and pharmacy benefit \n plan sponsors.--\n (A) Payments.--A PBM shall be reimbursed by a \n pharmacy benefit plan sponsor for adjudicating and \n processing claims in behalf of such sponsor at a rate \n that is determined by such sponsor.\n (B) Charges to pharmacy benefit plan sponsors for \n drugs dispensed to plan enrollees.--The amount that a \n PBM charges a pharmacy benefit plan sponsor for a drug \n that is dispensed to enrollee of a pharmacy benefit \n plan administered by such PBM may not be greater than \n the amount that the PBM paid the pharmacy for such drug \n (including any associated professional dispensing fee).\n (4) Treatment of drug manufacturer rebates.--\n (A) No rebates to pbms.--A manufacturer of \n prescription drugs--\n (i) shall pay all rebates, as defined in \n section 5(6), directly to the pharmacy benefit \n plan sponsor; and\n (ii) shall not pay such rebates to a PBM.\n (B) Negotiation allowed.--A PBM may negotiate \n rebate amounts with a manufacturer of prescription \n drugs on behalf of a pharmacy benefit plan sponsor.\n (5) Provision of cost information to physicians.--In the \n case that the premium, deductible, co-payments, co-insurance, \n or other insurance-related charge under a pharmacy benefit plan \n is underwritten, in whole or in part, by a Federal, State, or \n local government, the pharmacy benefit plan sponsor shall \n provide a list of the wholesale acquisition costs of the top \n 500 most frequently prescribed drugs to physicians who are \n licenced to prescribe drugs and who provide treatment to \n enrollees in such a plan.\n (6) Treatment of pharmacists as professional health care \n providers.--Section 1861(s)(2) of the Social Security Act (42 \n U.S.C. 1395x(s)(2)) is amended--\n (A) by striking ``and'' at the end of subparagraph \n (DD);\n (B) by adding ``and'' at the end of subparagraph \n (EE); and\n (C) by inserting after subparagraph (EE), the \n following new subparagraph:\n ``(FF) pharmacist services;''.\n\nSEC. 4. PHARMACEUTICAL ACCESS PROGRAM.\n\n (a) Establishment.--Not later than January 1, 2011, the Secretary \nof Health and Human Services shall establish a pharmaceutical access \nprogram to provide affordable access to prescription drugs to \nindividuals who receive drug benefits under Federal programs (except \nfor the Medicaid program under title XIX of the Social Security Act).\n (b) Eligibility.--Any individual in a State shall be eligible to \nenroll in the program under subsection (a).\n (c) Fees.--\n (1) In general.--A pharmacy that dispenses prescription \n drugs in the United States shall remit to the Secretary of \n Health and Human Services--\n (A) $0.50 for each prescription dispensed by such \n pharmacy for a brand name drug; and\n (B) $1.00 for each prescription dispensed by such \n pharmacy for a generic drug.\n (2) Treatment for inflation.--The fees under paragraph (1) \n shall be adjusted annually for inflation, based on the consumer \n price index.\n (3) Treatment of medicaid programs.--The rule under \n paragraph (1) shall not apply to drugs dispensed under a State \n Medicaid program under title XIX of the Social Security Act.\n (4) Increase in professional dispensing fee for private \n plans.--The professional dispensing fee paid to pharmacies by a \n pharmacy benefit plan that is not funded by any Federal funds \n shall be increased by such plan sponsor--\n (A) by $0.50 for each brand name prescription; and\n (B) by $1.00 for each generic prescription.\n (d) Use of Funds.--Funds generated under subsection (c) shall be \nused solely to provide affordable access to prescription drugs to low-\nincome individuals who have enrolled in the program under subsection \n(a).\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act: \n (1) Brand name drugs.--The term ``brand name drug'' means a \n prescription drug that is under patent by the drug's original \n manufacturer and is protected from competition by other \n manufacturers of prescription drugs.\n (2) Generic drug.--The term ``generic drug'' means a \n prescription drug that has lost patient protection provided to \n a single manufacturer or multiple manufacturers and is widely \n available from multiple manufacturers.\n (3) Pharmacy benefit plan.--The term ``pharmacy benefit \n plan'' means an insurance plan or insurance coverage that \n provides benefits for prescription drugs, including a group \n health plan (as such term is defined in section 733(a) of the \n Patient Health and Real Medication Access Cost Savings Act of \n 2009 (29 U.S.C. 1191b(a))) that provides prescription drug \n benefits.\n (4) Professional dispensing fee.--The term ``professional \n dispensing fee'' means the fee paid for the dispensing of a \n drug by the pharmacist and excludes any reimbursement for the \n cost of the drug.\n (5) Professional service fee.--The term ``professional \n service fee'' means a fee paid to a pharmacy for professional \n services preformed by a pharmacist, excluding dispensing drugs \n and any reimbursement for the cost of the drug. Such term may \n include medication reviews, injections, and cholesterol checks.\n (6) Rebate.--The term ``rebate'' means any item of value, \n including monetary value, that is distributed by the \n manufacturer conditional upon the receipt of a payment for \n drugs produced by such manufacturer.","summary":"Patient Health and Real Medication Access Cost Savings Act of 2009 or the PHARMACY Bill - Declares that a consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable federal and state license and permit requirements. Directs the Secretary of Health and Human Services (HHS) to issue regulations that: (1) prohibit a pharmacy benefit manager (PBM) from providing incentives to, encouraging, or requiring pharmacy benefit plan enrollees to use certain pharmacies or from excluding an eligible pharmacy from a plan's pharmacy network. (2) require a PBM to ensure that pharmacy benefit plan enrollees pay a specified copayment for brand name drugs. (3) require a PBM to reimburse a pharmacy in the network of a pharmacy benefit plan that is federally funded, at specified rates, for brand-name drugs, generic drugs, and additional professional services. (4) require a PBM to be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims. (5) limit the amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollees to the amount the PBM paid the pharmacy for such drug. (6) require a manufacturer of prescription drugs to pay all rebates directly to the pharmacy benefit plan sponsor and not to a PBM. And (7) require a pharmacy benefit plan sponsor to provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians in a plan any insurance-related charge of which is underwritten by a federal, state, or local government. Amends title XVIII (Medicare) of the Social Security Act to include pharmacist services as medical and other health services under Medicare. Directs the Secretary, by January 1, 2011, to establish a pharmaceutical access program to provide affordable prescription drugs to individuals who receive drug benefits under federal programs . Requires: (1) a pharmacy that dispenses prescription drugs in the United States to remit to the Secretary 50 cents for each brand name prescription and $1.00 for generic drug prescription dispensed. And (2) the sponsor of a pharmacy benefit plan that is not federally funded to increase the professional dispensing fee paid to pharmacies by the same amounts. Requires the use of funds generated from such fees to provide affordable access to prescription drugs to low-income individuals who have enrolled in the program.","title":"To ensure patient choice in pharmacies by regulating pharmacy benefit managers and to establish a program to improve access to prescription drugs for certain individuals.","text_len":11419,"sum_len":2450} {"bill_id":"108_s2955","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mortgage Cancellation Relief Act of \n2004''.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE \n OBLIGATIONS.\n\n (a) In General.--Paragraph (1) of section 108(a) of the Internal \nRevenue Code of 1986 (relating to exclusion from gross income) is \namended by striking ``or'' at the end of subparagraph (C), by striking \nthe period at the end of subparagraph (D) and inserting ``, or'', and \nby inserting after subparagraph (D) the following new subparagraph:\n ``(E) in the case of an individual, the \n indebtedness discharged is qualified residential \n indebtedness.''.\n (b) Qualified Residential Indebtedness Shortfall.--Section 108 of \nsuch Code (relating to discharge of indebtedness) is amended by adding \nat the end the following new subsection:\n ``(h) Special Rules for Qualified Residential Indebtedness.--\n ``(1) Limitations.--\n ``(A) In general.--The amount excluded under \n subparagraph (E) of subsection (a)(1) with respect to \n any qualified residential indebtedness shall not exceed \n the excess (if any) of--\n ``(i) the outstanding principal amount of \n such indebtedness (immediately before the \n discharge), over\n ``(ii) the sum of--\n ``(I) the amount realized from the \n sale of the real property securing such \n indebtedness reduced by the cost of \n such sale, and\n ``(II) the outstanding principal \n amount of any other indebtedness \n secured by such property.\n ``(B) Overall limitation.--The amount excluded \n under subparagraph (E) of subsection (a)(1) with \n respect to any qualified residential indebtedness shall \n not exceed $50,000.\n ``(2) Qualified residential indebtedness.--\n ``(A) In general.--The term `qualified residential \n indebtedness' means indebtedness which--\n ``(i) was incurred or assumed by the \n taxpayer in connection with real property used \n by the taxpayer as a principal residence \n (within the meaning of section 121) and is \n secured by such real property,\n ``(ii) is incurred or assumed to acquire, \n construct, reconstruct, or substantially \n improve such real property, and\n ``(iii) with respect to which such taxpayer \n makes an election to have this paragraph apply.\n ``(B) Refinanced indebtedness.--Such term shall \n include indebtedness resulting from the refinancing of \n indebtedness under subparagraph (A)(ii), but only to \n the extent the refinanced indebtedness does not exceed \n the amount of the indebtedness being refinanced.\n ``(C) Exceptions.--Such term shall not include \n qualified farm indebtedness or qualified real property \n business indebtedness.\n ``(3) Regulations.--The Secretary may by regulation provide \n for the disallowance of an exclusion under this section by \n reason of subparagraph (E) of subsection (a)(1) in cases where \n the failure to repay the indebtedness is due to the bad faith \n of the taxpayer.''.\n (c) Conforming Amendments.--\n (1) Paragraph (2) of section 108(a) of such Code is \n amended--\n (A) in subparagraph (A) by striking ``and (D)'' and \n inserting ``(D), and (E)'', and\n (B) by amending subparagraph (B) to read as \n follows:\n ``(B) Insolvency exclusion takes precedence over \n qualified farm exclusion, qualified real property \n business exclusion, and qualified residential shortfall \n exclusion.--Subparagraphs (C), (D), and (E) of \n paragraph (1) shall not apply to a discharge to the \n extent the taxpayer is insolvent.''.\n (2) Paragraph (1) of section 108(b) of such Code is amended \n by striking ``or (C)'' and inserting ``(C), or (E)''.\n (3) Subsection (b) of section 121 of such Code is amended \n by adding at the end the following new paragraph:\n ``(4) Special rule relating to discharge of indebtedness.--\n The amount of gain which (but for this paragraph) would be \n excluded from gross income under subsection (a) with respect to \n a principal residence shall be reduced by any amount excluded \n from the gross income of the taxpayer under section \n 108(a)(1)(E) with respect to such residence.''.\n (d) Effective Date.--The amendments made by this section shall \napply to discharges after the date of the enactment of this Act.","summary":"Mortgage Cancellation Relief Act of 2004 - Amends the Internal Revenue Code to exclude from gross income amounts up to $50,000 attributable to the discharge of certain residential mortgage obligations.","title":"A bill to amend the Internal Revenue Code of 1986 to exclude from gross income of individual taxpayers discharges of indebtedness attributable to certain forgiven residential mortgage obligations.","text_len":5377,"sum_len":201} {"bill_id":"106_s1761","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lower Rio Grande Valley Water \nResources Conservation and Improvement Act of 2000''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commissioner.--The term ``Commissioner'' means the \n Commissioner of the Bureau of Reclamation.\n (2) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior, acting through the Commissioner.\n (3) State.--The term ``State'' means the Texas Water \n Development Board and any other authorized entity of the State of \n Texas.\n (4) Program area.--The term ``program area'' means--\n (A) the counties in the State of Texas in the Rio Grande \n Regional Water Planning Area known as Region ``M'' as \n designated by the Texas Water Development Board; and\n (B) the counties of Hudspeth and El Paso, Texas.\nSEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM.\n (a) In General.--The Secretary, acting pursuant to the Reclamation \nAct of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory \nthereof and supplementary thereto, shall undertake a program in \ncooperation with the State, water users in the program area, and other \nnon-Federal entities, to investigate and identify opportunities to \nimprove the supply of water for the program area as provided in this \nAct. The program shall include the review of studies or planning \nreports (or both) prepared by any competent engineering entity for \nprojects designed to conserve and transport raw water in the program \narea. As part of the program, the Secretary shall evaluate alternatives \nin the program area that could be used to improve water supplies, \nincluding the following:\n (1) Lining irrigation canals.\n (2) Increasing the use of pipelines, flow control structures, \n meters, and associated appurtenances of water supply facilities.\n (b) Program Development.--Within 6 months after the date of the \nenactment of this Act, the Secretary, in consultation with the State, \nshall develop and publish criteria to determine which projects would \nqualify and have the highest priority for financing under this Act. \nSuch criteria shall address, at a minimum--\n (1) how the project relates to the near- and long-term water \n demands and supplies in the study area, including how the project \n would affect the need for development of new or expanded water \n supplies;\n (2) the relative amount of water (acre feet) to be conserved \n pursuant to the project;\n (3) whether the project would provide operational efficiency \n improvements or achieve water, energy, or economic savings (or any \n combination of the foregoing) at a rate of acre feet of water or \n kilowatt energy saved per dollar expended on the construction of \n the project; and\n (4) if the project proponents have met the requirements \n specified in subsection (c).\n (c) Project Requirements.--A project sponsor seeking Federal \nfunding under this program shall--\n (1) provide a report, prepared by the Bureau of Reclamation or \n prepared by any competent engineering entity and reviewed by the \n Bureau of Reclamation, that includes, among other matters--\n (A) the total estimated project cost;\n (B) an analysis showing how the project would reduce, \n postpone, or eliminate development of new or expanded water \n supplies;\n (C) a description of conservation measures to be taken \n pursuant to the project plans;\n (D) the near- and long-term water demands and supplies in \n the study area; and\n (E) engineering plans and designs that demonstrate that the \n project would provide operational efficiency improvements or \n achieve water, energy, or economic savings (or any combination \n of the foregoing) at a rate of acre feet of water or kilowatt \n energy saved per dollar expended on the construction of the \n project;\n (2) provide a project plan, including a general map showing the \n location of the proposed physical features, conceptual engineering \n drawings of structures, and general standards for design; and\n (3) sign a cost-sharing agreement with the Secretary that \n commits the non-Federal project sponsor to funding its \n proportionate share of the project's construction costs on an \n annual basis.\n (d) Financial Capability.--Before providing funding for a project \nto the non-Federal project sponsor, the Secretary shall determine that \nthe non-Federal project sponsor is financially capable of funding the \nproject's non-Federal share of the project's costs.\n (e) Review Period.--Within 1 year after the date a project is \nsubmitted to the Secretary for approval, the Secretary, subject to the \navailability of appropriations, shall determine whether the project \nmeets the criteria established pursuant to this section.\n (f) Report Preparation; Reimbursement.--Project sponsors may choose \nto contract with the Secretary to prepare the reports required under \nthis section. All costs associated with the preparation of the reports \nby the Secretary shall be 50 percent reimbursable by the non-Federal \nsponsor.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out this section $2,000,000.\n\nSEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.\n\n (a) Project Implementation.--If the Secretary determines that any \nof the following projects meet the review criteria and project \nrequirements, as set forth in section 3, the Secretary may conduct or \nparticipate in funding engineering work, infrastructure construction, \nand improvements for the purpose of conserving and transporting raw \nwater through that project:\n (1) In the Hidalgo County, Texas Irrigation District #1, a \n pipeline project identified in the Melden & Hunt, Inc. engineering \n study dated July 6, 2000 as the Curry Main Pipeline Project.\n (2) In the Cameron County, Texas La Feria Irrigation District \n #3, a distribution system improvement project identified by the \n 1993 engineering study by Sigler, Winston, Greenwood and \n Associates, Inc.\n (3) In the Cameron County, Texas Irrigation District #2 canal \n rehabilitation and pumping plant replacement as identified as Job \n Number 48-05540-002 in a report by Turner Collie & Braden, Inc. \n dated August 12, 1998.\n (4) In the Harlingen Irrigation District Cameron #1 Irrigation \n District a project of meter installation and canal lining as \n identified in a proposal submitted to the Texas Water Development \n Board dated April 28, 2000.\n (b) Construction Cost Share.--The non-Federal share of the costs of \nany construction carried out under, or with assistance provided under, \nthis section shall be 50 percent. Not more than 40 percent of the costs \nof such an activity may be paid by the State. The remainder of the non-\nFederal share may include in-kind contributions of goods and services, \nand funds previously spent on feasibility and engineering studies.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out this section $10,000,000.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Requires the Secretary to develop and publish criteria to determine which projects would qualify and have the highest priority for financing. Requires such criteria to address at a minimum: (1) how the project relates to the near-and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies, (2) the relative amount of water to be conserved. (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings at a rate of acre feet of water or kilowatt energy saved per dollar expended on construction of the project. And (4) if the project proponents have met the following project requirements. Requires a project sponsor seeking Federal funding under this program to: (1) provide a report that includes an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies, and a description of conservation measures to be taken, (2) provide a project plan. And (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to annual funding of its proportionate share of the project's construction costs. Requires the Secretary to determine: (1) that the project sponsor is financially capable of funding the project's non-Federal share of the project's costs. And (2) within one year after the date the project is submitted for approval, whether a project meets the criteria. Permits project sponsors to contract with the Secretary to prepare such reports. Authorizes the Secretary, through specified projects that meet the review criteria and project requirements, to conduct or participate in funding engineering work, infrastructure construction and improvements for conserving and transporting raw water. Limits: (1) the non-Federal share of the costs of any such activity to 50 percent. And (2) payments by the State to 40 percent of such costs. Permits the remainder of the non-Federal share to include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies. Authorizes appropriations.","title":"Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000","text_len":7551,"sum_len":2187} {"bill_id":"112_hr6659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Urban Recovery and Growth Act''.\n\nSEC. 2. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR \n CERTAIN CITIES.\n\n (a) In General.--Part III of subchapter Y of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 1400U-4. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS \n FOR CERTAIN CITIES.\n\n ``(a) In General.--In the case of an economic development extension \nbond--\n ``(1) such bond shall be treated for purposes of section \n 6431 as a qualified bond issued before January 1, 2011,\n ``(2) subsection (b) of such section shall be applied by \n substituting `45 percent' for `35 percent', and\n ``(3) interest on such bond shall be includible in gross \n income.\n ``(b) Economic Development Extension Bond.--For purposes of this \nsection--\n ``(1) In general.--The term `economic development extension \n bond' means any specified bond issued during the 1-year period \n beginning on the date of the enactment of this section as part \n of an issue if--\n ``(A) 100 percent of the excess of--\n ``(i) the available project proceeds (as \n defined in section 54A) of such issue, over\n ``(ii) the amounts in a reasonably required \n reserve (within the meaning of section \n 150(a)(3)) with respect to such issue,\n are to be used for one or more qualified purposes, and\n ``(B) the issuer designates such bond for purposes \n of this section.\n ``(2) Specified bond.--\n ``(A) In general.--The term `specified bond' means \n any obligation (other than a private activity bond) if \n the interest on such obligation would (but for this \n section) be excludable from gross income under section \n 103.\n ``(B) Applicable rules.--For purposes of applying \n subparagraph (A)--\n ``(i) rules similar to the rules of section \n 54AA(d)(2) shall apply, and\n ``(ii) section 148 shall not apply with \n respect to any issue with respect to which the \n excess described in paragraph (1)(A) is used \n for a qualified purpose described in paragraph \n (3)(B).\n ``(3) Qualified purposes.--The term `qualified purposes' \n means--\n ``(A) any qualified economic development purpose \n (as defined in section 1400U-2(c), applied by treating \n specified cities (and only specified cities) as \n recovery zones), and\n ``(B) any refinancing of indebtedness of a \n specified city which is outstanding on the date of the \n enactment of this section.\n ``(4) Specified city.--The term `specified city' means any \n principal city for a metropolitan statistical area (as \n determined by the Office of Management and Budget) which--\n ``(A) has an average unemployment rate of not less \n than 150 percent of the national average rate for the \n last calendar year ending before the date of the \n enactment of this section, and\n ``(B) has lost at least 20 percent of its \n population between calendar year 2000 and calendar year \n 2010.\n ``(5) Limitation on amount of bonds designated.--\n ``(A) In general.--The maximum aggregate face \n amount of bonds which may be designated under paragraph \n (1) with respect to any specified city shall not exceed \n the bond limitation allocated to such city under \n subparagraph (B).\n ``(B) Allocation.--The Secretary shall allocate \n bond limitation to each specified city such that the \n bond limitation allocated to such city bears the same \n proportion to $1,000,000,000 as the population of such \n city (as determined for purposes of the 2010 census) \n bears to the total population of all specified cities \n (as so determined).''.\n (b) Clerical Amendment.--The table of sections for part III of \nsubchapter Y of chapter 1 of such Code is amended by adding at the end \nthe following new item:\n\n``Sec. 1400U-4. Extension of recovery zone economic development bonds \n for certain cities.''.\n (c) Effective Date.--The amendments made by this section shall \napply to obligations issued after the date of the enactment of this \nAct.","summary":"Urban Recovery and Growth Act - Amends the Internal Revenue Code to authorize the issuance of economic development extension bonds for the purpose of economic development or refinancing the indebtedness of a city that has an average unemployment rate of not less than 150 of the national average in the preceding calendar year and that has lost at least 20 of its population between 2000 and 2010.","title":"To amend the Internal Revenue Code of 1986 to extend the recovery zone economic development bonds for certain cities.","text_len":5054,"sum_len":397} {"bill_id":"107_s2982","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education for Retirement Security \nAct of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Improving financial literacy is a critical and complex \n task for Americans of all ages.\n (2) Low levels of savings and high levels of personal and \n real estate debt are serious problems for many households \n nearing retirement.\n (3) Only 53 percent of working Americans have any form of \n pension coverage. Three out of four women aged 65 or over \n receive no income from employer-provided pensions.\n (4) The more limited timeframe that mid-life and older \n individuals and families have to assess the realities of their \n individual circumstances, to recover from counter-productive \n choices and decisionmaking processes, and to benefit from more \n informed financial practices, has immediate impact and near \n term consequences for Americans nearing or of retirement age.\n (5) Research indicates that there are now 4 basic sources \n of retirement income security. Those sources are social \n security benefits, pensions and savings, healthcare insurance \n coverage, and, for an increasing number of older individuals, \n necessary earnings from working during one's ``retirement'' \n years.\n (6) The $5,000,000,000,000 loss in stock market equity \n values since 2000 has had a significantly negative effect on \n mid-life and older individuals and on their pension plans and \n retirement accounts, affecting both individuals with plans to \n retire and those who are already in retirement.\n (7) Although today's older individuals are generally \n thought to be doing well, nearly \\1\/5\\ (18 percent) of such \n individuals were living below 125 percent of the poverty line \n during a year of national prosperity, 1995.\n (8) Over the next 30 years, the number of older individuals \n in the United States is expected to double, from 35,000,000 to \n nearly 75,000,000, and long-term care costs are expected to \n skyrocket.\n (9) Financial exploitation is the largest single category \n of abuse against older individuals and this population \n comprises more than \\1\/2\\ of all telemarketing victims in the \n United States.\n (10) The Federal Trade Commission (FTC) Identity Theft Data \n Clearinghouse has reported that incidents of identity theft \n targeting individuals over the age of 60 increased from 1,821 \n victims in 2000 to 5,802 victims in 2001, a threefold increase.\n\nSEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT LITERACY AND \n REDUCE FINANCIAL ABUSE AND FRAUD AMONG MID-LIFE AND OLDER \n AMERICANS.\n\n (a) Authority.--The Secretary is authorized to award grants to \neligible entities to provide financial education programs to mid-life \nand older individuals who reside in local communities in order to--\n (1) enhance financial and retirement knowledge among such \n individuals; and\n (2) reduce financial abuse and fraud, including \n telemarketing, mortgage, and pension fraud, among such \n individuals.\n (b) Eligible Entities.--An entity is eligible to receive a grant \nunder this section if such entity is--\n (1) a State agency or area agency on aging; or\n (2) a nonprofit organization with a proven record of \n providing--\n (A) services to mid-life and older individuals;\n (B) consumer awareness programs; or\n (C) supportive services to low-income families.\n (c) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary in such form and \ncontaining such information as the Secretary may require, including a \nplan for continuing the programs provided with grant funds under this \nsection after the grant expires.\n (d) Limitation on Administrative Costs.--A recipient of a grant \nunder this section may not use more than 4 percent of the total amount \nof the grant in each fiscal year for the administrative costs of \ncarrying out the programs provided with grant funds under this section.\n (e) Evaluation and Report.--\n (1) Establishment of performance measures.--The Secretary \n shall develop measures to evaluate the programs provided with \n grant funds under this section.\n (2) Evaluation according to performance measures.--Applying \n the performance measures developed under paragraph (1), the \n Secretary shall evaluate the programs provided with grant funds \n under this section in order to--\n (A) judge the performance and effectiveness of such \n programs;\n (B) identify which programs represent the best \n practices of entities developing such programs for mid-\n life and older individuals; and\n (C) identify which programs may be replicated.\n (3) Annual reports.--For each fiscal year in which a grant \n is awarded under this section, the Secretary shall submit a \n report to Congress containing a description of the status of \n the grant program under this section, a description of the \n programs provided with grant funds under this section, and the \n results of the evaluation of such programs under paragraph (2).\n\nSEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM.\n\n (a) Authority.--The Secretary is authorized to award a grant to 1 \nor more eligible entities to--\n (1) create and make available instructional materials and \n information that promote financial education; and\n (2) provide training and other related assistance regarding \n the establishment of financial education programs to eligible \n entities awarded a grant under section 3.\n (b) Eligible Entities.--An entity is eligible to receive a grant \nunder this section if such entity is a national nonprofit organization \nwith substantial experience in the field of financial education.\n (c) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary in such form and \ncontaining such information as the Secretary may require.\n (d) Basis and Term.--The Secretary shall award a grant under this \nsection on a competitive, merit basis for a term of 5 years.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Financial education.--The term ``financial education'' \n means education that promotes an understanding of consumer, \n economic, and personal finance concepts, including saving for \n retirement, long-term care, and estate planning and education \n on predatory lending and financial abuse schemes.\n (2) Mid-life individual.--The term ``mid-life individual'' \n means an individual aged 45 to 64 years.\n (3) Older individual.--The term ``older individual'' means \n an individual aged 65 or older.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization.--There are authorized to be appropriated to \ncarry out this Act, $100,000,000 for each of the fiscal years 2003 \nthrough 2007.\n (b) Limitation on Funds for Evaluation and Report.--The Secretary \nmay not use more than $200,000 of the amounts appropriated under \nsubsection (a) for each fiscal year to carry out section 3(e).\n (c) Limitation on Funds for Training and Technical Assistance.--The \nSecretary may not use less than 5 percent or more than 10 percent of \namounts appropriated under subsection (a) for each fiscal year to carry \nout section 4.","summary":"Education for Retirement Security Act of 2002 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge among them. And (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them. Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education. And (2) provide training and other related assistance regarding the establishment of financial education programs.","title":"A bill to establish a grant program to enhance the financial and retirement literacy of mid-life and older Americans and to reduce financial abuse and fraud among such Americans, and for other purposes.","text_len":8045,"sum_len":722} {"bill_id":"114_hr2906","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``50th Anniversary of the Texas \nWestern College Men's Basketball Championship Commemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) On March 19, 1966, Texas Western College (the \n ``Miners'') defeated the University of Kentucky in the National \n Collegiate Athletic Association (``NCAA'') men's college \n basketball final at Cole Field House in College Park, Maryland, \n by a score of 72-65.\n (2) The 1966 Miners are still the only team from the State \n of Texas to win a NCAA basketball championship.\n (3) This marked the first time an all-Black starting lineup \n had won the NCAA championship;\n (4) After the 1966 championship, many college teams \n throughout the South following the Miners' example began \n recruiting Black athletes, ending years of segregation.\n (5) Immediately after the championship, between the years \n of 1966 and 1985, the average number of Black players on \n college teams nearly doubled.\n (6) Every southern conference team (including the \n Southeastern Conference) followed the Miners' example, and all \n basketball teams were integrated the following season.\n (7) The top-ranked University of Kentucky men's basketball \n team was favored in the final over the third-ranked Texas \n Western College squad.\n (8) Texas Western College was led by coach Don Haskins and \n the University of Kentucky by coach Adolph Rupp.\n (9) Coach Haskins taught his team the ``swinging gate'' \n defensive style he had learned as a player at Oklahoma \n Agricultural and Mechanical College (now Oklahoma State \n University) under legendary coach Henry Iba.\n (10) Texas Western College's journey to the 1966 NCAA \n championship was depicted in the 2006 film titled ``Glory \n Road''.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (hereafter in \nthis Act referred to as the ``Secretary'') shall mint and issue the \nfollowing coins:\n (1) $5 gold coins.--Not more than 50,000 $5 coins, which \n shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--Not more than 400,000 $1 coins, which \n shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver.\n (3) Half-dollar clad coins.--Not more than 750,000 half-\n dollar coins which shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half-dollar \n coins contained in section 5112(b) of title 31, United \n States Code.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 and 5136 of \ntitle 31, United States Code, all coins minted under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) In General.--The design of the coins minted under this Act \nshall be emblematic of the game of basketball and shall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts and the National Collegiate Basketball \n Hall of Fame; and\n (2) reviewed by the Citizens Coinage Advisory Committee.\n (b) Designation and Inscriptions.--On each coin minted under this \nAct there shall be--\n (1) a designation of the value of the coin;\n (2) an inscription of the year ``2017''; and\n (3) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2017.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in section 7(a) with respect to \n such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) In General.--All sales of coins issued under this Act shall \ninclude a surcharge of--\n (1) $35 per coin for the $5 coin;\n (2) $10 per coin for the $1 coin; and\n (3) $5 per coin for the half-dollar coin.\n (b) Distribution.--Subject to section 5134(f)(1) of title 31, \nUnited States Code, all surcharges received by the Secretary from the \nsale of coins issued under this Act shall be promptly paid by the \nSecretary to the National Collegiate Basketball Hall of Fame to help \nfinance renovations of existing National Collegiate Basketball Hall of \nFame facilities.\n (c) Audits.--The National Collegiate Basketball Hall of Fame shall \nbe subject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received under \nsubsection (b).\n (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.\n\nSEC. 8. FINANCIAL ASSURANCES.\n\n The Secretary shall take such actions as may be necessary to ensure \nthat--\n (1) minting and issuing coins under this Act will not \n result in any net cost to the United States Government; and\n (2) no funds, including applicable surcharges, are \n disbursed to any recipient designated in section 7 until the \n total cost of designing and issuing all of the coins authorized \n by this Act (including labor, materials, dies, use of \n machinery, overhead expenses, marketing, and shipping) is \n recovered by the United States Treasury, consistent with \n sections 5112(m) and 5134(f) of title 31, United States Code.","summary":"th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities.","title":"50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act","text_len":7640,"sum_len":519} {"bill_id":"114_hr5919","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserving and Reforming SSDI (PAR-\nSSDI) Act of 2016''.\n\nSEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DISABILITY \n DETERMINATIONS.\n\n (a) Language Proficiency.--Section 223(d)(2) of the Social Security \nAct (42 U.S.C. 423(d)(2)) is amended by adding at the end the \nfollowing:\n ``(D) In determining whether an individual is under a \n disability, the Commissioner shall make such determination \n without regard to the individual's ability to communicate in \n English.''.\n (b) Quarters of Coverage Requirement.--Section 223(d)(2) of the \nSocial Security Act (42 U.S.C. 423(d)(2)), as amended by subsection \n(a), is further amended by adding at the end the following:\n ``(E) In determining whether an individual is under a \n disability for a month, the Commissioner may not consider the \n individual's vocational background unless the individual had \n not less than 16 quarters of coverage during the 24-quarter \n period ending with the quarter in which such month occurs.''.\n (c) Periodic Update of Vocational and Educational Factors.--Not \nlater than 5 years after the date of the enactment of this Act and not \nlater than the end of every subsequent 5-year period, the Commissioner \nof Social Security shall prepare and implement a complete update of the \nvocational and educational factors considered in making disability \ndeterminations under title II of the Social Security Act.\n (d) Effective Date.--The amendments made by this section shall \napply with respect to applications for disability insurance benefits \nfiled on or after the date of the enactment of this Act.\n\nSEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN \n A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED.\n\n (a) In General.--Section 223(d)(4) of the Social Security Act (42 \nU.S.C. 423(d)(4)) is amended by adding at the end the following:\n ``(C)(i) If for any week in whole or in part within a month an \nindividual is paid or determined to be eligible for unemployment \ncompensation, such individual shall be deemed to have engaged in \nsubstantial gainful activity for such month.\n ``(ii) For purposes of clause (i), the term `unemployment \n compensation' means--\n ``(I) `regular compensation', `extended \n compensation', and `additional compensation' (as such \n terms are defined by section 205 of the Federal-State \n Extended Unemployment Compensation Act (26 U.S.C. 3304 \n note)); and\n ``(II) trade adjustment assistance under title II \n of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.\n (b) Trial Work Period.--Section 222(c) of the Social Security Act \n(42 U.S.C. 422(c)) is amended by adding at the end the following:\n ``(6)(A) For purposes of this subsection, an individual shall be \ndeemed to have rendered services in a month if the individual is \nentitled to unemployment compensation for such month.\n ``(B) For purposes of subparagraph (A), the term \n `unemployment compensation' means--\n ``(i) `regular compensation', `extended \n compensation', and `additional compensation' (as such \n terms are defined by section 205 of the Federal-State \n Extended Unemployment Compensation Act (26 U.S.C. 3304 \n note)); and\n ``(ii) trade adjustment assistance under title II \n of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.\n (c) Data Matching.--The Commissioner of Social Security shall \nimplement the amendments made by this section using appropriate \nelectronic data.\n (d) Effective Date.--The amendments made by this subsection shall \napply with respect to individuals who initially apply for disability \ninsurance benefits on or after January 1, 2017.\n\nSEC. 4. ELIGIBILITY FOR MEDICARE.\n\n (a) In General.--Section 226(b)(2) of the Social Security Act (42 \nU.S.C. 426(b)) is amended--\n (1) in subparagraph (A), by striking ``24 calendar months'' \n and inserting ``60 calendar months'';\n (2) in subparagraph (B), by striking ``24 months'' and \n inserting ``60 months'';\n (3) in subparagraph (C)(ii), by striking ``24 months'' and \n inserting ``60 months''; and\n (4) in the matter following subparagraph (C)(ii)(II)--\n (A) by striking ``twenty-fifth month'' before ``of \n his entitlement or status'' and inserting ``sixty-first \n month''; and\n (B) by striking ```twenty-fifth month of his \n entitlement' refers to the first month after the \n twenty-fourth month'' and inserting ```sixty-first \n month of his entitlement' refers to the first month \n after the sixtieth month''.\n (b) Conforming Amendments.--Section 226 of such Act (42 U.S.C. \n426), as amended by subsection (a), is further amended--\n (1) in subsection (e)(1)(B), by striking ``24 months'' and \n inserting ``60 months''; and\n (2) in subsection (f), by striking ``24 months'' and \n inserting ``60 months''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to applications for disability insurance benefits \nfiled on or after the date of the enactment of this Act.\n\nSEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINATION OF SUBSTANTIAL \n GAINFUL ACTIVITY.\n\n (a) In General.--Section 223(d)(4) of the Social Security Act (42 \nU.S.C. 423(d)(4)), as amended by section 3(b), is further amended by \nadding at the end the following:\n ``(D)(i) If the amount of unearned income (as defined in section \n1612) of an individual for a month is equal to or greater than the \nmonthly income limit for such month, the individual shall be deemed to \nhave engaged in substantial gainful activity for such month.\n ``(ii) For purposes of this subparagraph, the monthly income limit \nis the amount of earnings derived from services, prescribed by the \nCommissioner under regulations issued pursuant to subparagraph (A), \nsufficient to demonstrate an individual's ability to engage in \nsubstantial gainful activity for a month.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to monthly insurance benefits paid for months \nbeginning after the date that is 1 year after the date of the enactment \nof this Act.\n\nSEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINATIONS.\n\n (a) Exclusion of Medical Evidence That Is Not Submitted in Its \nEntirety or Furnished by a Licensed Practitioner.--Section 223(d)(5) of \nthe Social Security Act (42 U.S.C. 423(d)(5)) is amended--\n (1) in subparagraph (B), by striking ``In'' and inserting \n ``Subject to subparagraphs (C) and (D), in''; and\n (2) by adding at the end the following new subparagraphs:\n ``(C)(i) An individual and, if applicable, such individual's \nrepresentative shall submit, in its entirety and without redaction, all \nrelevant medical evidence known to the individual or the representative \nto the Commissioner of Social Security.\n ``(ii) In the case of a hearing before an administrative \n law judge to determine if an individual is under a disability \n (as defined in paragraph (1)), the Commissioner of Social \n Security shall not consider any piece of medical evidence \n furnished by an individual or such individual's representative \n unless such individual and, if applicable, such individual's \n representative, certifies at the hearing that all relevant \n medical evidence has been submitted in its entirety and without \n redaction.\n ``(iii) For purposes of this subparagraph, the term \n `relevant medical evidence' means any medical evidence relating \n to the individual's claimed physical or mental impairments that \n the Commissioner of Social Security should consider to \n determine whether the individual is under a disability, \n regardless of whether such evidence is favorable or unfavorable \n to the individual's case, but shall not include any oral or \n written communication or other document exchanged between the \n individual and such individual's attorney representative that \n are subject to attorney-client privilege or work product \n doctrine, unless the individual voluntarily discloses such \n communication to the Commissioner. Neither the attorney-client \n privilege nor the work product doctrine shall prevent from \n disclosure medical evidence, medical source opinions, or any \n other factual matter that the Commissioner may consider in \n determining whether or not the individual is entitled to \n benefits.\n ``(iv) Any individual or representative who knowingly \n violates this subparagraph shall be guilty of making a false \n statement or representation of material fact, shall be subject \n to civil and criminal penalties under sections 208 and 1129, \n and, in the case of a representative, shall be suspended or \n disqualified from appearing before the Social Security \n Administration.\n ``(D) The Commissioner of Social Security shall not consider any \nevidence furnished by a physician or health care practitioner who is \nnot licensed or has been sanctioned.''.\n (b) Health Care Providers Supplying Consultative Exams.--\n (1) In general.--Beginning 1 year after the date of \n enactment of this Act, in determining whether an individual \n applying for disability insurance benefits under title II of \n the Social Security Act is disabled, the Commissioner of Social \n Security shall not consider medical evidence resulting from a \n consultative exam with a health care provider conducted for the \n purpose of supporting the individual's application unless the \n evidence is accompanied by a Medical Consultant Acknowledgment \n Form signed by the health care provider who conducted the exam.\n (2) Medical consultant acknowledgment form.--\n (A) Definition.--As used in this subsection, the \n term ``Medical Consultant Acknowledgment Form'' means a \n form published by the Commissioner of Social Security \n that meets the requirements of subparagraph (B).\n (B) Requirements.--The Commissioner of Social \n Security shall develop the Medical Consultant \n Acknowledgment Form and make it available to the public \n not later than 6 months after the date of enactment of \n this Act. The contents of the Medical Consultant \n Acknowledgment Form shall include--\n (i) information on how medical evidence is \n used in disability determinations;\n (ii) instructions on completing a residual \n functional capacity form;\n (iii) information on the legal and ethical \n obligations of a health care provider who \n supplies medical evidence for use in a \n disability determination, including any civil \n or criminal penalties that may be imposed on a \n health care provider who supplies medical \n evidence for use in a disability determination; \n and\n (iv) a statement that the signatory has \n read and understands the contents of the form.\n (3) Penalties for fraud.--In addition to any other \n penalties that may be prescribed by law, any individual who \n forges a signature on a Medical Consultant Acknowledgment Form \n submitted to the Commissioner of Social Security shall be \n guilty of making a false statement or representation of \n material fact, and upon conviction shall be subject to civil \n and criminal penalties under sections 208 and 1129 of the \n Social Security Act and, in the case of a representative, shall \n be suspended or disqualified from appearing before the Social \n Security Administration.\n (c) Effective Date.--The amendments made by subsection (a) shall \napply with respect to applications for disability insurance benefits \nfiled on or after the date of the enactment of this Act.\n\nSEC. 7. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-\n LIVING ADJUSTMENTS.\n\n (a) In General.--Section 215(i)(1) of the Social Security Act (42 \nU.S.C. 415(i)(1)) is amended--\n (1) in subparagraph (G), by striking the period at the end \n and inserting ``; and''; and\n (2) by adding at the end the following new subparagraph:\n ``(H) the term `Consumer Price Index' means the Chained \n Consumer Price Index for All Urban Consumers (C-CPI-U, as \n published in its initial version by the Bureau of Labor \n Statistics of the Department of Labor).''.\n (b) Application to Pre-1979 Law.--\n (1) In general.--Section 215(i)(1) of the Social Security \n Act as in effect in December 1978, and as applied in certain \n cases under the provisions of such Act as in effect after \n December 1978, is amended--\n (A) in subparagraph (C), by striking the period at \n the end and inserting ``; and''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(D) the term `Consumer Price Index' means the Chained \n Consumer Price Index for All Urban Consumers (C-CPI-U, as \n published in its initial version by the Bureau of Labor \n Statistics of the Department of Labor).''.\n (2) Conforming change.--Section 215(i)(4) of the Social \n Security Act (42 U.S.C. 415(i)(4)) is amended by inserting \n ``and by section 231 of the Preserving and Reforming SSDI (PAR-\n SSDI) Act of 2016'' after ``1986''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to adjustments effective with or after the first \nDecember that begins at least 3 years after the date of the enactment \nof this Act.\n\nSEC. 8. THIRD-PARTY INCOME VERIFICATION.\n\n (a) In General.--Section 223(i) of the Social Security Act (42 \nU.S.C. 423(i)) is amended--\n (1) by redesignating paragraph (5) as paragraph (6); and\n (2) by inserting after paragraph (4) the following:\n ``(5)(A) In any case in which the Commissioner of Social Security \ninitiates a review under this subsection of the case of an individual \nwho has been determined to be under a disability, such review shall \ninclude an independent estimate by a qualified social security income \nverification contractor of such individual's monthly income at the time \nof such review.\n ``(B) Upon initiating a review of an individual under this \nsubsection, the Commissioner of Social Security shall provide such \nindividual's name, address, and social security account number to a \nqualified social security income verification contractor for purposes \nof obtaining the independent estimate described in subparagraph (A).\n ``(C)(i) Not later than 60 days after the date of the enactment of \nthis paragraph, the Commissioner of Social Security shall enter into \none or more qualified income verification contracts.\n ``(ii) For purposes of this paragraph, the term `qualified social \nsecurity income verification contract' means any contract which is for \nthe services of any person (other than an officer or employee of the \nSocial Security Administration)--\n ``(I) to provide an estimate (based on the best information \n available to such person) of the income of any individual \n specified by the Commissioner as described in subparagraph (A);\n ``(II) to provide such information regarding the basis for \n such estimate as the Commissioner may specify; and\n ``(III) that prohibits each person providing such services \n from contacting the individual, employers of the individual, \n members of the individual's family, and such other persons as \n the Commissioner may specify.\n ``(iii) For purposes of this section, the term `qualified social \nsecurity income verification contractor' means the person providing \nservices to the Secretary under a qualified social security income \nverification contract.\n ``(D)(i) Nothing in any provision of law shall be construed to \nprevent the Secretary from--\n ``(I) entering into a qualified social security income \n verification contract, or\n ``(II) providing identifying information to a qualified \n social security income verification contractor as provided in \n this paragraph.\n ``(ii) The United States shall not be liable for any act or \nomission of any person performing services under a qualified social \nsecurity income verification contract.\n ``(E) In any case in which an independent estimate conducted \npursuant to this paragraph with respect to an individual entitled to \ndisability insurance benefits demonstrates that such individual failed \nto accurately report any monthly income, the Commissioner of Social \nSecurity shall conduct an investigation of such individual to determine \nwhether such individual's monthly income demonstrates the individual's \nability to engage in substantial gainful activity.''.","summary":"Preserving and Reforming SSDI (PAR-SSDI) Act of 2016 This bill amends title II (OASDI) of the Social Security Act (SSAct) to: direct the Social Security Administration (SSA), in determining whether an individual is under a disability, to make such a determination without regard to the individual's ability to communicate in English. Prohibit the SSA, in determining whether an individual is under a disability for a month, from considering the individual's vocational background in computing the quarters of coverage requirement unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs. And direct the SSA to prepare and implement a complete update of the vocational and educational factors considered in making disability determinations. The bill declares that for any week in whole or in part within a month that an individual is paid or determined to be eligible for unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. The bill also states that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month. The bill revises prerequisites for the entitlement of certain individuals under age 65 to SSAct title XVIII (Medicare) part A hospital insurance benefits. The length of time such an individual must be entitled to disability insurance, child's insurance, or widow's insurance benefits, in order to qualify for entitlement to Medicare part A hospital benefits, shall increase from the current 24 months to 60 months. If the amount of an individual's unearned income for a month is equal to or greater than the monthly income limit for that month, the individual shall be deemed to have engaged in substantial gainful activity for the month for purposes of determining disability insurance benefit payments. The SSA must receive from an individual andor the individual's representative, in its entirety and without redaction, all known relevant medical evidence related to a disability claim. Any medical evidence not submitted in its entirety or not furnished by a licensed practitioner shall be excluded in disability determinations. In determining whether a disability benefits applicant is disabled, the SSA shall not consider medical evidence resulting from a consultative exam with a health care provider unless the application is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. The bill changes the index used to calculate OASDI cost-of-living adjustments to the Chained Price Index for All Urban Consumers. In any case in which SSA initiates a review of disability benefits for an individual, the review shall include an independent estimate by a qualified Social Security income verification contractor of the individual's monthly income.","title":"Preserving and Reforming SSDI (PAR-SSDI) Act of 2016","text_len":17981,"sum_len":3234} {"bill_id":"112_s3292","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Temporary Duty Suspension Process \nAct of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Finance of the Senate and the Committee on Ways and Means of \n the House of Representatives.\n (2) Commission.--The term ``Commission'' means the United \n States International Trade Commission.\n (3) Duty suspension or reduction.--The term ``duty \n suspension or reduction'' means an amendment to subchapter II \n of chapter 99 of the Harmonized Tariff Schedule of the United \n States--\n (A) extending an existing temporary suspension or \n reduction of duty on an article under that subchapter; \n or\n (B) providing for a new temporary suspension or \n reduction of duty on an article under that subchapter.\n\nSEC. 3. RECOMMENDATIONS BY UNITED STATES INTERNATIONAL TRADE COMMISSION \n FOR DUTY SUSPENSIONS AND REDUCTIONS.\n\n (a) Establishment of Review Process.--Not later than 30 days after \nthe date of the enactment of this Act, the Commission shall complete \nall actions necessary to establish a process pursuant to which the \nCommission will--\n (1) review each article with respect to which a duty \n suspension or reduction may be made--\n (A) at the initiative of the Commission; or\n (B) pursuant to a petition submitted or referred to \n the Commission under subsection (b); and\n (2) submit a draft bill to the appropriate congressional \n committees under subsection (d).\n (b) Petitions.--\n (1) In general.--As part of the process established under \n subsection (a), the Commission shall establish procedures under \n which a petition requesting the Commission to review a duty \n suspension or reduction pursuant to that process may be--\n (A) submitted to the Commission by a member of the \n public; or\n (B) referred to the Commission by a Member of \n Congress.\n (2) Requirements.--A petition submitted or referred to the \n Commission under paragraph (1) shall be submitted or referred \n at such time and in such manner and shall include such \n information as the Commission may require.\n (3) No preferential treatment for members of congress.--A \n petition referred to the Commission by a Member of Congress \n under subparagraph (B) of paragraph (1) shall receive treatment \n no more favorable than the treatment received by a petition \n submitted to the Commission by a member of the public under \n subparagraph (A) of that paragraph.\n (c) Public Comments.--As part of the process established under \nsubsection (a), the Commission shall establish procedures for--\n (1) notifying the public when the Commission initiates the \n process of reviewing articles with respect to which duty \n suspensions or reductions may be made and distributing \n information about the process, including by--\n (A) posting information about the process on the \n website of the Commission; and\n (B) providing that information to trade \n associations and other appropriate organizations;\n (2) not later than 45 days before submitting a draft bill \n to the appropriate congressional committees under subsection \n (d), notifying the public of the duty suspensions and \n reductions the Commission is considering including in the draft \n bill; and\n (3) providing the public with an opportunity to submit \n comments with respect to any of those duty suspensions or \n reductions.\n (d) Submission of Draft Bill.--\n (1) In general.--The Commission shall submit to the \n appropriate congressional committees a draft bill that contains \n each duty suspension or reduction that the Commission \n determines, pursuant to the process established under \n subsection (a) and after conducting the consultations required \n by subsection (e), meets the requirements described in \n subsection (f), not later than--\n (A) the date that is 120 days after the date of the \n enactment of this Act;\n (B) January 1, 2015; and\n (C) January 1, 2018.\n (2) Effective period of duty suspensions and reductions.--\n Duty suspensions and reductions included in a draft bill \n submitted under paragraph (1) shall be effective for a period \n of not less than 3 years.\n (3) Special rule for first submission.--In the draft bill \n required to be submitted under paragraph (1) not later than the \n date that is 120 days after the date of the enactment of this \n Act, the Commission shall be required to include only duty \n suspensions and reductions with respect to which the Commission \n has sufficient time to make a determination under that \n paragraph before the draft bill is required to be submitted.\n (e) Consultations.--In determining whether a duty suspension or \nreduction meets the requirements described in subsection (f), the \nCommission shall, not later than 30 days before submitting a draft bill \nto the appropriate congressional committees under subsection (d), \nconduct consultations with the Commissioner responsible for U.S. \nCustoms and Border Protection, the Secretary of Commerce, the United \nStates Trade Representative, and the heads of other relevant Federal \nagencies.\n (f) Requirements for Duty Suspensions and Reductions.--\n (1) In general.--A duty suspension or reduction meets the \n requirements described in this subsection if--\n (A) the duty suspension or reduction can be \n administered by U.S. Customs and Border Protection;\n (B) the estimated loss in revenue to the United \n States from the duty suspension or reduction does not \n exceed the dollar amount specified in paragraph (2) in \n a calendar year during which the duty suspension or \n reduction would be in effect; and\n (C) on the date on which the Commission submits a \n draft bill to the appropriate congressional committees \n under subsection (d) that includes the duty suspension \n or reduction, the article to which the duty suspension \n or reduction would apply is not produced in the United \n States and is not expected to be produced in the United \n States during the subsequent 12-month period.\n (2) Dollar amount specified.--\n (A) In general.--The dollar amount specified in \n this paragraph is--\n (i) for calendar year 2013, $500,000; and\n (ii) for any calendar year after calendar \n year 2013, an amount equal to $500,000 \n increased or decreased by an amount equal to--\n (I) $500,000, multiplied by\n (II) the percentage (if any) of the \n increase or decrease (as the case may \n be) in the Consumer Price Index for the \n preceding calendar year compared to the \n Consumer Price Index for calendar year \n 2012.\n (B) Rounding.--Any increase or decrease under \n subparagraph (A) of the dollar amount specified in this \n paragraph shall be rounded to the nearest dollar.\n (C) Consumer price index for any calendar year.--\n For purposes of this paragraph, the Consumer Price \n Index for any calendar year is the average of the \n Consumer Price Index as of the close of the 12-month \n period ending on September 30 of that calendar year.\n (D) Consumer price index defined.--For purposes of \n this paragraph, the term ``Consumer Price Index'' means \n the Consumer Price Index for All Urban Consumers \n published by the Bureau of Labor Statistics of the \n Department of Labor.\n (3) Consideration of relevant information.--In determining \n whether a duty suspension or reduction meets the requirements \n described in paragraph (1), the Commission may consider any \n information the Commission considers relevant to the \n determination.\n (4) Judicial review precluded.--A determination of the \n Commission with respect to whether or not a duty suspension or \n reduction meets the requirements described in paragraph (1) \n shall not be subject to judicial review.\n (g) Reports Required.--\n (1) In general.--Each time the Commission submits a draft \n bill under subsection (d), the Commission shall submit to the \n appropriate congressional committees a report on the duty \n suspensions and reductions contained in the draft bill that \n includes--\n (A) the views of the head of each agency consulted \n under subsection (e); and\n (B) any objections received by the Commission \n during consultations conducted under subsection (e) or \n through public comments submitted under subsection (c), \n including--\n (i) objections with respect to duty \n suspensions or reductions the Commission \n included in the draft bill; and\n (ii) objections that led to the Commission \n to determine not to include a duty suspension \n or reduction in the draft bill.\n (2) Initial report on process.--Not later than 300 days \n after the date of the enactment of this Act, the Commission \n shall submit to the appropriate congressional committees a \n report that includes--\n (A) an assessment of the effectiveness of the \n process established under subsection (a) and the \n requirements of this section;\n (B) to the extent practicable, a description of the \n effects of duty suspensions and reductions recommended \n pursuant to that process on the United States economy \n that includes--\n (i) a broad assessment of the economic \n effects of such duty suspensions and reductions \n on producers, purchasers, and consumers in the \n United States; and\n (ii) case studies describing such effects \n by industry or by type of articles, as \n available data permits;\n (C) a comparison of the actual loss in revenue to \n the United States resulting from duty suspensions and \n reductions recommended pursuant to that process to the \n loss in such revenue estimated during that process;\n (D) to the extent practicable, information on how \n broadly or narrowly duty suspensions and reductions \n recommended pursuant to that process were used by \n importers; and\n (E) any recommendations of the Commission for \n improving that process and the requirements of this \n section.\n (h) Form of Draft Bill and Reports.--Each draft bill submitted \nunder subsection (d) and each report required by subsection (g) shall \nbe--\n (1) submitted to the appropriate congressional committees \n in electronic form; and\n (2) made available to the public on the website of the \n Commission.\n\nSEC. 4. REPORTS ON BENEFITS OF DUTY SUSPENSIONS OR REDUCTIONS TO \n SECTORS OF THE UNITED STATES ECONOMY.\n\n Not later than January 1, 2014, and annually thereafter, the \nCommission shall submit to the appropriate congressional committees a \nreport that--\n (1) makes recommendations with respect to sectors of the \n United States economy that could benefit from duty suspensions \n or reductions without causing harm to other domestic interests; \n and\n (2) assesses the feasibility and advisability of suspending \n or reducing duties on a sectoral basis rather than on \n individual articles.","summary":"Temporary Duty Suspension Process Act of 2012 - Directs the US International Trade Commission (USITC) to establish a process in which it will: (1) review each article in which a temporary duty suspension or reduction has been recommended at its own initiative or pusuant to a petition, and (2) submit a draft bill to the appropriate congressional committees containing each duty suspension or reduction that meets certain requirements. Requires the USITC to report to appropriate congressional committees on: (1) recommendations with respect to sectors of the US economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests, and (2) the feasibility of suspending or reducing duties on a sectoral basis rather than on individual articles.","title":"A bill to require the United States International Trade Commission to recommend temporary duty suspensions and reductions to Congress, and for other purposes.","text_len":13234,"sum_len":788} {"bill_id":"106_hr3750","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``IMF Reform Act of 2000''.\n\nSEC. 2. REFORMS OF THE INTERNATIONAL MONETARY FUND.\n\n (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-\n286nn) is amended by adding at the end the following:\n\n``SEC. 63. REFORMS OF THE INTERNATIONAL MONETARY FUND.\n\n ``(a) Annual Reports.--\n ``(1) Contents.--The Secretary of the Treasury shall submit \n annually to the Committee on Banking and Financial Services of \n the House of Representatives and the Committee on Foreign \n Relations of the Senate a written report on whether the Fund \n has complied with the requirements of subsection (b) throughout \n the 12-month period covered by the report. If, during such \n period, the Fund has instituted a quota increase, the report \n shall document the reasons why it is not feasible for the Fund \n to obtain sufficient funds from the private sector.\n ``(2) Effects of failure to submit report or failure to \n certify imf compliance with requirements.--If the Secretary of \n the Treasury fails to submit the report for a 12-month period \n before the beginning of the first fiscal year that begins after \n the end of the 12-month period, or if the report submitted \n pursuant to this section fails to comply with the preceding \n sentence or fails to certify that the Fund has complied with \n each requirement of subsection (b) throughout the 12-month \n period, then subsection (c) shall apply for such fiscal year.\n ``(b) Requirements.--The requirements of this subsection are the \nfollowing:\n ``(1) Market interest rates.--The Fund is prohibited from \n charging, and does not charge, interest on any loan unless the \n interest rate is--\n ``(A) except as provided in subparagraph (B), \n comparable to the rates of interest in the financial \n markets, adjusted for risk; and\n ``(B) is not less than 400 basis points greater \n than the London InterBank Offered Rate.\n ``(2) 1-year loan maturity.--The Fund is prohibited from \n making, and has not made, a loan with a maturity of more than 1 \n year after the date on which made.\n ``(3) Loans only to address currency crises.--The Fund is \n prohibited from making, and does not make, a loan except for \n the purpose of addressing a currency crisis.\n ``(4) Termination of esaf.--The Fund has abolished the \n Enhanced Structural Adjustment Facility of the Fund.\n ``(5) Release and reorganization of operational budgets.--\n The Fund is required to, and does, publish each operational \n budget of the Fund, with any information that could disrupt \n financial markets or affect adversely the national security of \n any country redacted, and is required to, and does, reorganize \n and restate the publicly available financial statements of the \n Fund in a manner consistent with the Fund's code of good \n practices, and with the principles of transparency and \n accountability.\n ``(6) No loans for countries falsifying loan documents.--\n The Fund is prohibited from making, and has not made, a loan to \n or for the benefit of the government of any country which the \n Secretary of the Treasury or the Fund has found during the \n preceding 5 years to have falsified any item of information on \n any loan documentation submitted to the Fund. In addition, the \n Fund is required to institute, and has implemented, accounting \n controls and safeguards to curb potential misuse of loans by \n borrowers, and in any case in which the controls and safeguards \n are considered insufficient to prevent such a misuse, the Fund \nis prohibited from making, and has not made, a loan.\n ``(7) Exhaustion of opportunities for private borrowing \n before instituting quota increase.--The Fund is required to \n exhaust, and has exhausted, all feasible opportunities to \n borrow from the private sector before instituting a quota \n increase for the member countries of the Fund.\n ``(c) Withdrawal of Authority To Make Loans to the Fund; Reduction \nof Reserve Tranche Position of the United States.--If this subsection \napplies for a fiscal year--\n ``(1) the Secretary of the Treasury may not make a loan \n under section 17 during the fiscal year; and\n ``(2) the Secretary of the Treasury shall cause the reserve \n tranche position of the United States at the Fund to be \n maintained at a level that is not more than $5,000,000,000 less \n than the lesser of--\n ``(A) in the case of the first fiscal year for \n which this subsection applies, the level of the reserve \n tranche position immediately before this subsection \n applies; or\n ``(B) in the case of any other fiscal year, the \n level at which this subsection required the reserve \n tranche position to be maintained during the most \n recent prior fiscal year for which this subsection \n applied.''.\n (b) Effective Date.--The amendment made by this section shall take \neffect 3 years after the date of the enactment of this section.\n\nSEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE \n ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE \n INTERNATIONAL MONETARY FUND.\n\n (a) Prohibition on Future Funding.--No officer, employee, or agent \nof the United States may, directly or indirectly, provide any thing of \nvalue to the International Monetary Fund for the purpose of providing \nresources to, or supporting the activities of the Enhanced Structural \nAdjustment Facility or other concessional lending facility of the \nInternational Monetary Fund.\n (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods \nAgreements Act (22 U.S.C. 286c) is further amended by adding at the end \nthe following: ``The director appointed to represent the United States \nat the Fund shall use every effort to terminate the Enhanced Structural \nAdjustment Facility of the Fund within one year after the date of the \nenactment of this sentence. No director appointed to represent the \nUnited States at the Fund shall vote for any proposal to use resources \nof the Enhanced Structural Adjustment Facility of the Fund for any \npurpose, except for a proposal to abolish the Facility and return any \nremaining resources to the member countries of the Fund in proportion \nto the quotas of such countries during calendar year 1975, or to \nGeneral Resources of the Fund.''.","summary":"Declares that the Secretary, if he or she fails to report or if the report fails to certify that the Fund has complied with the requirements of this Act, shall: (1) not make any foreign loans. And (2) cause the reserve tranche position of the United States at the Fund to be maintained at a certain level. Prohibits any US officer or employee from providing any thing of value to the Fund for the purpose of providing resources to, or supporting the activities of the Facility or any other concessional lending facility of the Fund. Requires the US director at the Fund to use every effort to terminate the Enhanced Structural Adjustment Facility.","title":"IMF Reform Act of 2000","text_len":6921,"sum_len":647} {"bill_id":"112_s882","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Trafficking of Pills Act'' or \nthe ``STOP Act''.\n\nSEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM.\n\n (a) In General.--Title XIX of the Social Security Act (42 U.S.C. \n1396 et seq.) is amended--\n (1) in section 1902(a)--\n (A) by striking ``and'' at the end of paragraph \n (82);\n (B) by striking the period at the end of paragraph \n (83) and inserting ``; and''; and\n (C) by inserting after paragraph (83) the following \n new paragraph:\n ``(84) in accordance with section 1908B, provide for the \n development and implementation of a restricted recipient \n program for individuals identified as high-risk prescription \n drug users.''; and\n (2) by inserting after section 1908A the following new \n section:\n\n ``restricted recipient program for high-risk prescription drug users\n\n ``Sec. 1908B (a) Identification of High-Risk Prescription Drug \nUsers.--\n ``(1) In general.--Subject to paragraph (2), the State \n shall establish and implement a program, subject to approval by \n the Secretary, to--\n ``(A) identify any prescription drug that--\n ``(i) may be dispensed on the prescription \n of a physician to an individual eligible to \n receive medical assistance under the State \n Medicaid program; and\n ``(ii) presents a high risk of misuse or \n overutilization, as determined by the State;\n ``(B) establish a dosage level for each \n prescription drug identified under subparagraph (A) \n that would be deemed excessive in the absence of \n evidence of medical necessity;\n ``(C) using a percentile-based method or other such \n form of statistical analysis, identify individuals \n (referred to in this section as `individuals identified \n as high-risk prescription drug users') who are eligible \n for medical assistance under the State Medicaid program \n and--\n ``(i) are receiving a prescription drug \n that has been identified under subparagraph (A) \n at a dosage level that has been determined to \n be excessive pursuant to subparagraph (B); or\n ``(ii) are determined by the State, \n pursuant to the procedure established under \n paragraph (3), to have been convicted of a \n drug-related offense; and\n ``(D) ensure that individuals identified as high-\n risk prescription drug users pursuant to subparagraph \n (C) are assigned to the restricted recipient program \n described in subsection (b).\n ``(2) Case review.--For purposes of paragraph (1), the \n State shall establish and implement procedures to ensure that \n an individual who has been identified as a high-risk \n prescription drug user and is subject to the requirements under \n the restricted recipient program--\n ``(A) is provided with reasonable notice regarding \n their assignment to the program and a description of \n the requirements under such program;\n ``(B) is permitted to file an appeal with the State \n agency and receive a hearing thereon to review whether \n the individual has been properly identified as a high-\n risk prescription drug user;\n ``(C) for purposes of subsection (b)(1), is \n permitted to file a claim with the State agency in \n order to seek reassignment to a different physician or \n pharmacist; and\n ``(D) has reasonable access to any prescription \n drug that is medically necessary and required to be \n dispensed on an emergency basis.\n ``(3) Drug-related offenses.--For purposes of paragraph \n (1)(C)(ii), the State shall establish and implement procedures \n to determine whether an individual, at the time of enrollment \n or re-enrollment in the State Medicaid program, has been \n convicted (under Federal or State law) of any offense which is \n classified as a felony by the law of the jurisdiction involved \n and which has as an element the unlawful possession, \n manufacture, distribution, or dispensing of a prescription drug \n (including opioids and similar pain-management prescription \n drugs).\n ``(b) Restricted Recipient Program.--\n ``(1) Medicaid lock-in program.--\n ``(A) In general.--Subject to subparagraph (B), the \n State shall establish and implement a program (referred \n to in this section as the `Medicaid Lock-in Program') \n to ensure that any individual identified as a high-risk \n prescription drug user is--\n ``(i) assigned to a single and exclusive \n physician (as defined in section 1861(r)) for \n purposes of receiving any medical assistance \n that is related to a prescription drug; and\n ``(ii) assigned to a single and exclusive \n pharmacy for purposes of receiving any \n prescription drug that has been prescribed by a \n physician described in clause (i).\n ``(2) Medicaid prescription drug restriction program.--\n ``(A) In general.--Subject to subparagraph (B), the \n State, in conjunction with the Secretary, shall \n establish and implement a program to ensure that the \n claims processing system for the State does not permit \n a prescription drug to be dispensed by a provider to an \n individual identified as a high-risk prescription drug \n user if the same prescription drug has been dispensed \n to such individual within the previous 20 days.\n ``(B) Exceptions.--\n ``(i) Increased dosage.--For purposes of \n subparagraph (A), the restrictions described in \n such subparagraph shall not apply to an \n individual identified as a high-risk \n prescription drug user--\n ``(I) if the current prescription \n is for an increased dosage of the \n prescription drug and has been issued \n by the same physician that issued the \n previous prescription; or\n ``(II) in such other circumstances \n as determined by the Secretary.\n ``(ii) Procedural development.--The State, \n in conjunction with the Secretary, shall \n develop adequate procedures to ensure that \n prescriptions described in clause (i) are not \n affected by the restrictions described in \n subparagraph (A) and are permitted to be \n dispensed by a provider to an individual \n identified as a high-risk prescription drug \n user.\n ``(c) Existing State Programs.--\n ``(1) In general.--Subject to paragraphs (2) and (3), as \n well as any procedures as are determined appropriate by the \n Secretary, a restricted recipient program that has been \n established by a State prior to the date of enactment of the \n Stop Trafficking of Pills Act may be reviewed and certified by \n the Secretary as being in accordance with the requirements \n under this section for purposes of section 1902(a)(84).\n ``(2) Program improvement.--For purposes of paragraph (1), \n if the Secretary does not certify an existing State restricted \n recipient program as being in accordance with the requirements \n under this section, the Secretary shall identify any necessary \n enhancements or additional developments that are required in \n order for such program to be deemed in accordance with such \n requirements.\n ``(3) Drug-related offenses.--For purposes of paragraph \n (1), an existing State restricted recipient program shall be \n required to include procedures described in subsection (a)(3) \n for the identification and inclusion of individuals convicted \n of a drug-related offense.\n ``(d) Administrative Expenses.--Subject to such requirements as are \ndetermined appropriate by the Secretary, for purposes of section \n1903(a)(7), any amounts expended by the State to develop and implement \na restricted recipient program for individuals identified as high-risk \nprescription drug users under this section, including any necessary \nenhancements or additional developments identified under subsection \n(c)(2), shall be considered amounts expended as necessary for the \nproper and efficient administration of the State Medicaid plan.\n ``(e) Definitions.--For purposes of this section:\n ``(1) State medicaid program.--The term `State Medicaid \n program' means the State program for medical assistance \n provided under a State plan under this title, including any \n waiver approved with respect to such State plan.\n ``(2) Prescription drug.--The term `prescription drug' \n means a drug subject to section 503(b)(1) of the Federal Food, \n Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''.\n (b) Withholding of Payment.--Section 1903(i) of the Social Security \nAct (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the \nPatient Protection and Affordable Care Act (Public Law 111-148), is \namended--\n (1) in paragraph (25), by striking ``or'' at the end;\n (2) in paragraph (26), by striking the period and inserting \n ``; or''; and\n (3) by adding at the end the following new paragraph:\n ``(27) with respect to amounts expended for medical \n assistance for any prescription drug dispensed to an individual \n identified as a high-risk prescription drug user (as described \n in section 1908B(a)(1)(C)), unless the requirements under \n section 1908B are met.''.\n\nSEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM.\n\n Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101 \net seq.) is amended by adding at the end the following new section:\n\n ``restricted recipient program for high-risk prescription drug users\n\n ``Sec. 1860D-44 (a) Identification of High-Risk Prescription Drug \nUsers.--\n ``(1) In general.--Subject to paragraph (2), the Secretary \n shall establish and implement a program to--\n ``(A) identify any prescription drug that--\n ``(i) may be dispensed on the prescription \n of a physician to an individual enrolled in a \n prescription drug plan under this part; and\n ``(ii) presents a high risk of misuse or \n overutilization, as determined by the \n Secretary;\n ``(B) establish a dosage level for each \n prescription drug identified under subparagraph (A) \n that would be deemed excessive in the absence of \n evidence of medical necessity;\n ``(C) using a percentile-based method or other such \n form of statistical analysis, identify individuals \n (referred to in this section as `individuals identified \n as high-risk prescription drug users') who are enrolled \n in a prescription drug plan under this part; and\n ``(i) are receiving a prescription drug \n that has been identified under subparagraph (A) \n at a dosage level that has been determined to \n be excessive pursuant to subparagraph (B); or\n ``(ii) are determined by the Secretary, \n pursuant to the procedure established under \n paragraph (3), to have been convicted of a \n drug-related offense; and\n ``(D) ensure that individuals identified as high-\n risk prescription drug users pursuant to subparagraph \n (C) are assigned to the restricted recipient program \n described in subsection (b).\n ``(2) Case review.--For purposes of paragraph (1), the \n Secretary shall establish and implement procedures to ensure \n that an individual who has been identified as a high-risk \n prescription drug user and is subject to the requirements under \n the restricted recipient program--\n ``(A) is provided with reasonable notice regarding \n their assignment to the program and a description of \n the requirements under such program;\n ``(B) is permitted to file an appeal and receive a \n hearing thereon to review whether the individual has \n been properly identified as a high-risk prescription \n drug user; and\n ``(C) has reasonable access to any prescription \n drug that is medically necessary and required to be \n dispensed on an emergency basis.\n ``(3) Drug-related offense.--For purposes of paragraph \n (1)(C)(ii), the Secretary shall establish and implement \n procedures to determine whether an individual, at the time of \n enrollment or re-enrollment in a prescription drug plan under \n this part, has been convicted (under Federal or State law) of \n any offense which is classified as a felony by the law of the \n jurisdiction involved and which has as an element the unlawful \n possession, manufacture, distribution, or dispensing of a \n prescription drug (including opioids and similar prescription \n pain-management drugs).\n ``(b) Prescription Drug Restriction Program.--The Secretary shall \nestablish policies and procedures to ensure that the provisions \ndescribed in section 1908B(b)(3) are applied to any individual \nidentified, pursuant to subsection (a)(1), as a high-risk prescription \ndrug user in a similar manner as such provisions are applied to such \nindividuals for purposes of title XIX.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this section shall take effect 120 days after the \ndate of enactment of this Act.\n (b) Extension of Effective Date for State Law Amendment.--In the \ncase of a State plan under title XIX of the Social Security Act (42 \nU.S.C. 1396 et seq.) which the Secretary determines requires State \nlegislation in order for the plan to meet the additional requirements \nimposed by the amendments made by this section, the State plan shall \nnot be regarded as failing to comply with the requirements of the \namendments made by this section solely on the basis of its failure to \nmeet such additional requirements before the first day of the first \ncalendar quarter beginning after the close of the first regular session \nof the State legislature that begins after the date of the enactment of \nthis Act. For purposes of the previous sentence, in the case of a State \nthat has a 2-year legislative session, each year of the session is \nconsidered to be a separate regular session of the State legislature.","summary":"Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program. Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug. Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days. Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program.","title":"A bill to prevent misuse, overutilization, and trafficking of prescription drugs by limiting access to such drugs for Medicare and Medicaid beneficiaries who have been identified as high-risk prescription drug users.","text_len":16464,"sum_len":1425} {"bill_id":"103_hr50","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Bureau of Investigation \nFirst Amendment Protection Act of 1993''.\n\nSEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS.\n\n (a) In General.--Except as provided in section 7, the Federal \nBureau of Investigation (hereinafter in this Act referred to as the \n``Bureau'') shall not initiate or conduct any investigation that may \ninvolve the collection of information about the exercise by a United \nStates person of first amendment rights (hereinafter in this Act \nreferred to as an ``investigation covered by this Act''), other than in \naccordance with the limitations and requirements established by and \nunder this Act.\n (b) Guidelines by Attorney General.--The Attorney General shall \nissue publicly available guidelines for investigations covered by this \nAct. Such guidelines shall implement this Act.\n\nSEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES.\n\n (a) Requirement of Finding by Director.--\n (1) In general.--Except as provided in subsection (c), the \n Bureau shall not initiate an investigation covered by this Act, \n unless the Director of the Bureau, or the Director's designee, \n finds in writing that--\n (A) specific and articulable facts reasonably \n indicate that the subject of the investigation has \n engaged, is engaging, or is about to engage in a \n Federal criminal offense; and\n (B) that the investigation is warranted, taking \n into consideration the magnitude of the suspected \n criminal offense, the likelihood it would occur, and \n the danger to privacy and the exercise of first \n amendment rights.\n (2) Citation of Law.--Such finding shall include a citation \n of the specific section of law establishing the criminal \n offense.\n (b) Special Rule if Organization is Target.--If such investigation \nis directed at an organization engaging in the exercise of rights under \nthe first article of amendment to the Federal Constitution, such \nfinding must also set forth specific and articulable facts reasonably \nindicating that all or most of the members of the organization have \nengaged, are engaging, or are about to engage in a Federal criminal \noffense.\n (c) Exception.--Employees of the Bureau, designated for this \npurpose by the Director of the Bureau, may initiate an investigation \nwithout a finding under subsection (a) if exigent circumstances so \nrequire. However, an investigation initiated under this subsection must \ncease not later than 7 days after the date it is initiated, unless a \nfinding of the sort required under subsection (a) is made.\n\nSEC. 4. INVESTIGATIVE STANDARDS.\n\n (a) Least Intrusive Techniques and Minimization Procedures to be \nUsed.--In the conduct of any investigation covered by this Act, the \nBureau shall--\n (1) seek to gather only information relevant to Federal \n criminal offenses;\n (2) employ the least intrusive techniques available to \n gather information; and\n (3) follow procedures to minimize the acquisition, \n retention, or dissemination of any information relating to the \n exercise of first amendment rights or individual privacy.\n (b) Disposition of Certain Records.--Except as provided in this \nsubsection, the Bureau shall not disseminate or use any record, \nidentifiable to a United States person, resulting from any \ninvestigation prohibited by this Act. The Bureau shall allow the person \nto which such record relates to examine that record.\n (c) Periodic Review of Investigations.--An Assistant Director of \nthe Bureau shall at least once every 90 days, and the Department of \nJustice shall at least once every 180 days, review each open \ninvestigation covered by this Act. Such review shall assure that--\n (1) there is a continuing basis for the investigation; and\n (2) the requirements of this section are being met with \n respect to such investigation.\n\nSEC. 5. CIVIL REMEDY.\n\n Any person aggrieved by a violation of this Act may in a civil \naction against the United States recover appropriate relief, including \nwhichever is the greater of actual damages or $10,000.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) first amendment rights include any right protected \n under the first article of amendment to the Constitution of the \n United States;\n (2) the Bureau includes each agent or other person or \n entity acting under authority of the Bureau; and\n (3) the term ``United States person'' has the meaning given \n that term in section 1801 of title 50, United States Code.\n\nSEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS.\n\n This Act does not apply to background investigations conducted with \nthe consent of the subject regarding--\n (1) nominees to judicial and executive branch positions \n requiring the advice and consent of the Senate;\n (2) employees of the Department of Justice, or any \n component thereof; or\n (3) the granting or retention of security clearances.","summary":"Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a US person of first amendment rights, except in conformance with specified procedures and standards.","title":"Federal Bureau of Investigation First Amendment Protection Act of 1993","text_len":5286,"sum_len":323} {"bill_id":"104_s1302","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sugar Competitiveness Act of 1995''.\n\nSEC. 2. MARKET-ORIENTED SUGAR PROGRAM LOANS.\n\n (a) In General.--Section 206 of the Agricultural Act of 1949 (7 \nU.S.C. 1446g) is amended--\n (1) by striking the section heading, subsections (a) \n through (h), and subsection (j);\n (2) by inserting before subsection (i) the following:\n\n``SEC. 206. RECOURSE LOANS TO PROCESSORS OF SUGARCANE AND SUGAR BEETS.\n\n ``(a) Sugarcane Processor Loans.--\n ``(1) In general.--The Secretary shall make recourse loans \n available to processors of sugarcane on raw cane sugar \n processed from the 1995 and succeeding crops of sugarcane.\n ``(2) Loan rates.--Recourse loans under this subsection \n shall be make at the rate of 18 cents per pound of raw cane \n sugar for the 1995 crop of sugarcane; 16 cents per pound of raw \n cane sugar for the 1996 crop of sugarcane; 14 cents per pound \n for the 1997 crop of sugarcane; and 12 cents per pound for the \n 1998 and succeeding crops of sugarcane.\n ``(b) Sugar Beet Processor Loans.--\n ``(1) In general.--The Secretary shall make recourse loans \n available to processors of sugar beets on refined sugar \n processed from the 1995 and succeeding crops of sugar beets.\n ``(2) Loan rates.--Recourse loans under this subsection for \n sugar refined from a crop of sugar beets shall be made at a \n rate, per pound of refined sugar, that reflects--\n ``(A) an amount that bears the same relation to the \n loan rate in effect under subsection (a)(2) as the \n weighted average of producer returns for sugar beets \n bears to the weighted average of producer returns for \n sugarcane, expressed on a cents per pound basis for \n refined beet sugar and raw cane sugar, for the most \n recent 5-year period for which data are available; plus\n ``(B) an amount that covers sugar beet processor \n fixed marketing expenses.\n ``(c) Administrative Rules.--\n ``(1) National loan rates.--Recourse loans under this \n section shall be made available at all locations nationally at \n the rates specified in this section, without adjustment to \n provide regional differentials.\n ``(2) Length of loans.--Each recourse loan made under this \n section shall be for a term of 3 months, and may be extended \n for additional 3-month terms, except that--\n ``(A) no loan may have a cumulative term in excess \n of 9 months or a term that extends beyond September 30 \n of the fiscal year in which the loan is made; and\n ``(B) a processor may terminate a loan and redeem \n the collateral for the loan at any time by payment in \n full of principal, interest, and fees then owing.\n ``(d) Prohibition on Price Support.--The Secretary may not make \nprice support available, whether in the form of nonrecourse loans, \npayments, purchases, or other operations, for the 1995 or subsequent \ncrops of sugarcane or sugar beets by using the funds of the Commodity \nCredit Corporation.\n ``(e) Use of Commodity Credit Corporation.--The Secretary shall use \nthe funds, facilities, and authorities of the Commodity Credit \nCorporation to carry out this section.''.\n (b) Effect on Existing Loans.--\n (1) Except as provided in paragraph (2), section 206 of the \n Agricultural Act of 1949 (7 U.S.C. 1446g), as in effect on the \n day before the date of the enactment of this Act, shall \n continue to apply with respect to nonrecourse loans made under \n such section before such date.\n (2) Any loan in effect on the day before the date of the \n enactment of this Act that is extended on or after the date of \n enactment shall be converted, when extended, into a recourse \n loan at the loan rate specified in section 206(a), as amended \n by this Act, and any loan made on or after the date of \n enactment shall be a recourse loan.\n (c) Extension and Modification of Marketing Assessment.--Subsection \n(i) of the Agricultural Act of 1949 (7 U.S.C. 1446g) is amended--\n (1) by striking ``(i)'' and inserting ``(f)'';\n (2) in paragraph (1)--\n (A) by striking ``1992 through 1996'' and inserting \n ``1992 through 2003'';\n (B) in subparagraph (A), by striking ``subsection \n (b)'' and inserting ``subsection (a)''; and\n (C) in subparagraph (B)--\n (i) by striking ``subsection (b)'' and \n inserting ``subsection (a)'';\n (ii) by striking ``1998'' and inserting \n ``2003'';\n (iii) by striking ``1.1 percent'' and \n inserting ``1.5 percent''; and\n (iv) by striking ``(but not more than .198 \n cents per pound of raw cane sugar)'' and \n inserting ``as of October 1, 1995'';\n (3) in paragraph (2)--\n (A) by striking ``1992 through 1996'' and inserting \n ``1992 through 2003''; and\n (B) in subparagraph (B)--\n (i) by striking ``1998'' and inserting \n ``2003'';\n (ii) by striking ``1.1794 percent'' and \n inserting ``1.6083 percent'';\n (iii) by striking ``(but not more than \n .2123 cents per pound of beet sugar)'' and \n inserting ``as of October 1, 1995''; and\n (iv) adding at the end the following new \n paragraph:\n ``(7) Imported sugar.--Effective only for imports of raw \n cane sugar and refined sugar during the 1996 through 2003 \n fiscal years, each exporter of raw cane sugar or refined sugar \n to be imported into the United States shall remit to the \n Commodity Credit Corporation a nonrefundable marketing \n assessment in an amount equal--\n ``(A) in the case of imports of raw cane sugar, 1.5 \n percent of the loan level established under subsection \n (a) per pound of raw cane sugar as of October 1, 1995;\n ``(B) in the case of imports of refined sugar, \n 1.6083 percent of the loan level established under \n subsection (b) per pound of refined sugar as of October \n 1, 1995.''.\n (d) Conforming Amendments.--\n (1) Price support for designated nonbasic agricultural \n commodities.--Section 201(a) of the Agricultural Act of 1949 (7 \n U.S.C. 1446(a)) is amended by striking out ``milk, sugar beets, \n and sugarcane'' and inserting in lieu thereof ``and milk''.\n (2) Price support benefits to producers.--\n (A) In general.--Section 401(e) of such Act (7 \n U.S.C. 1421(e)) is amended by striking out ``(1)'' in \n paragraph (1) and striking out paragraph (2).\n (B) Technical amendment.--Section 405(b) of such \n Act (7 U.S.C. 1425(b)) is amended by striking out the \n last sentence.\n (3) Title iii of the agricultural act of 1949.--Section 301 \n of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by \n inserting ``(other than sugarcane and sugar beets)'' before \n ``at a level''.\n (4) Powers of commodity credit corporation.--Section 5(a) \n of the Commodity Credit Corporation Charter Act (15 U.S.C. \n 714c(a)) is amended by inserting ``(except for sugarcane and \n sugar beets of the 1996 and subsequent crops)'' after \n ``agricultural commodities''.\n (5) Section 32 activities.--The second sentence of the \n first paragraph of section 32 of the Act of August 24, 1935 (7 \n U.S.C. 612c) is amended by inserting ``(other than sugarcane \n and sugar beets)'' after ``commodity'' the last place it \n appears.\n (e) CCC Sales Price Restrictions.--Section 407(c) of such Act (7 \nU.S.C. 1427(c)) is amended by adding at the end a new paragraph as \nfollows:\n ``(6) Sugar.--The Corporation may sell for unrestricted use \n sugar surrendered to it under the loan programs provided for in \n section 351 at such price as the Corporation determines \n appropriate to maintain and expand export and domestic markets \n for sugar and to avoid undue disruption of commercial sales of \n sugar.''.\n (f) Assurance of Adequate Supplies of Sugar.--Effective October 1, \n1996, section 902(a) of the Food Security Act of 1985 (7 U.S.C. 1446g \nnote) is amended to read as follows: ``Beginning with the quota year \nfor sugar imports that begins after the 1994\/1995 quota year, the \nPresident and the Secretary of Agriculture shall use all authorities \navailable to the President and the Secretary, as the case may be, to \nensure that adequate supplies of raw cane sugar are made available to \nthe United States market at prices no greater than the higher of--\n ``(1) the world sugar price (adjusted to a delivered \n basis); or\n ``(2) the raw cane sugar loan rate in effect under section \n 206(a) of the Agricultural Act of 1949 (plus interest).''.\n\nSEC. 3. TERMINATION OF MARKETING QUOTA AND ALLOTMENTS.\n\n (a) Termination.--\n (1) In general.--Subject to paragraph (2), part VII of \n subtitle B of title III of the Agricultural Adjustment Act of \n 1938 (7 U.S.C. 1359aa-1359jj) is repealed.\n (2) Effective date.--Paragraph (1) shall be effective \n October 1, 1996, for sugar marketed on or after such date.\n (b) Conforming Amendment.--Section 344(f)(2) of such Act (7 U.S.C. \n1344(f)(2)) is amended by striking out ``sugar cane for sugar; sugar \nbeets for sugar;''.","summary":"Sugar Competitiveness Act of 1995 - Amends the Agricultural Act of 1949 to replace current sugar price support provisions with recourse loans to sugarcane and sugar beet producers. Reduces sugarcane loan rates from 18 cents per pound to 12 cents per pound over three years. Prohibits sugar price supports. Provides for the conversion of any current nonrecourse loans that are extended into recourse loans. Extends and increases sugar marketing assessment provisions. Includes imported sugar within such provisions' scope. Provides for the regulation of imported raw sugarcane at prices not greater than the world sugar price or the raw sugarcane loan rate. Amends the Agricultural Adjustment Act of 1938 to terminate sugar marketing quota and allotment provisions.","title":"Sugar Competitiveness Act of 1995","text_len":10376,"sum_len":764} {"bill_id":"107_hr4992","text":"SEC. 942. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF \n PHARMACY.\n\n Part E of title VII of the Public Health Service Act (42 U.S.C. \n294n et seq.) is amended by adding at the end the following subpart:\n\n ``Subpart 3--Pharmacist Workforce Programs\n\n``SEC. 771. PUBLIC SERVICE ANNOUNCEMENTS.\n\n ``(a) Public Service Announcements.--\n ``(1) In general.--The Secretary shall develop and issue \n public service announcements that advertise and promote the \n pharmacist profession, highlight the advantages and rewards of \n being a pharmacist, and encourage individuals to enter the \n pharmacist profession.\n ``(2) Method.--The public service announcements described \n in subsection (a) shall be broadcast through appropriate media \n outlets, including television or radio, in a manner intended to \n reach as wide and diverse an audience as possible.\n ``(b) State and Local Public Service Announcements.--\n ``(1) In general.--The Secretary shall award grants to \n entities to support State and local advertising campaigns \n through appropriate media outlets to promote the pharmacist \n profession, highlight the advantages and rewards of being a \n pharmacist, and encourage individuals from disadvantaged \n backgrounds to enter the pharmacist profession.\n ``(2) Use of funds.--An entity that receives a grant under \n subsection (a) shall use funds received through such grant to \n acquire local television and radio time, place advertisements \n in local newspapers, and post information on billboards or on \n the Internet, in order to--\n ``(A) advertise and promote the pharmacist \n profession;\n ``(B) promote pharmacist education programs;\n ``(C) inform the public of public assistance \n regarding such education programs;\n ``(D) highlight individuals in the community that \n are presently practicing as pharmacists to recruit new \n pharmacists; and\n ``(E) provide any other information to recruit \n individuals for the pharmacist profession.\n ``(3) Method.--The campaigns described in subsection (a) \n shall be broadcast on television or radio, placed in newspapers \n as advertisements, or posted on billboards or the Internet, in \n a manner intended to reach as wide and diverse an audience as \n possible.\n\n``SEC. 772. DEMONSTRATION PROJECT.\n\n ``(a) In General.--The Secretary shall establish a demonstration \nproject to enhance the participation of individuals who are pharmacists \nin the National Health Service Corps Loan Repayment Program described \nin section 338B.\n ``(b) Services.--Services that may be provided by pharmacists \npursuant to the demonstration project established under this section \ninclude medication therapy management services to assure that \nmedications are used appropriately by patients, to enhance patients' \nunderstanding of the appropriate use of medications, to increase \npatients' adherence to prescription medication regimens, to reduce the \nrisk of adverse events associated with medications, and to reduce the \nneed for other costly medical services through better management of \nmedication therapy. Such services may include case management, disease \nmanagement, drug therapy management, patient training and education, \ncounseling, drug therapy problem resolution, medication administration, \nthe provision of special packaging, or other services that enhance the \nuse of prescription medications.\n ``(c) Procedure.--The Secretary may not provide assistance to an \nindividual under this section unless the individual agrees to comply \nwith all requirements described in sections 338B and 338D.\n ``(d) Limitations.--The demonstration project described in this \nsection shall provide for the participation of--\n ``(1) individuals to provide services in rural and urban \n areas; and\n ``(2) enough individuals to allow the Secretary to properly \n analyze the effectiveness of such project.\n ``(e) Designations.--The demonstration project described in this \nsection, and any pharmacists who are selected to participate in such \nproject, shall not be considered by the Secretary in the designation of \na health professional shortage area under section 332 during fiscal \nyears 2003 through 2005.\n ``(f) Rule of Construction.--This section shall not be construed to \nrequire any State to participate in the project described in this \nsection.\n ``(g) Report.--The Secretary shall prepare and submit a report on \nthe project to--\n ``(A) the Committee on Health, Education, Labor, \n and Pensions of the Senate;\n ``(B) the Subcommittee on Labor, Health and Human \n Services, and Education of the Committee on \n Appropriations of the Senate;\n ``(C) the Committee on Energy and Commerce of the \n House of Representatives; and\n ``(D) the Subcommittee on Labor, Health and Human \n Services, and Education of the Committee on \n Appropriations of the House of Representatives.\n\n``SEC. 773. INFORMATION TECHNOLOGY.\n\n ``(a) Grants and Contracts.--The Secretary may make awards of \ngrants or contracts to qualifying schools of pharmacy for the purpose \nof assisting such schools in acquiring and installing computer-based \nsystems to provide pharmaceutical education. Education provided through \nsuch systems may be graduate education, professional education, or \ncontinuing education. The computer-based systems may be designed to \nprovide on-site education, or education at remote sites (commonly \nreferred to as distance learning), or both.\n ``(b) Qualifying School of Pharmacy.--For purposes of this section, \nthe term `qualifying school of pharmacy' means a school of pharmacy (as \ndefined in section 799B) that requires students to serve in a clinical \nrotation in which pharmacist services are part of the curriculum.\n\n``SEC. 774. AUTHORIZATION OF APPROPRIATIONS.\n\n ``For the purpose of carrying out this subpart, there are \nauthorized to be appropriated such sums as may be necessary for each of \nthe fiscal years 2003 through 2006.''.\n\n\n\n\n ","summary":"Amends the Public Health Service Act to require the Secretary of Health and Human Services to promote the pharmacist profession through public health service announcements, including grants for State and local advertising campaigns. Directs the Secretary to establish a demonstration project to enhance the participation of pharmacists in the National Health Service Corps Loan Repayment Program through the provision of medication therapy management services. Requires participants to follow Program requirements but excludes them from consideration when health professional shortage areas are designated. Authorizes the Secretary to make grants or contracts to qualifying schools of pharmacy for computer-based systems for pharmaceutical education. Authorizes appropriations for FY 2003 through 2006.","title":"To amend the Public Health Service Act to establish health professions programs regarding practice of pharmacy.","text_len":6558,"sum_len":802} {"bill_id":"105_hr4555","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Endangered Species \nCriminal and Civil Penalties Liability Reform Act''.\n (b) References to Endangered Species Act of 1973.--Except as \notherwise expressly provided, whenever in this Act an amendment or \nrepeal is expressed in terms of an amendment to, or repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to that section or provision of the Endangered Species Act of 1973 \n(16 U.S.C. 1531 et seq.).\n\nSEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF \n SPECIES.\n\n Section 9 (16 U.S.C. 1538) is amended by adding at the end the \nfollowing:\n ``(h) Specific Intent Required for Taking.--For purposes of this \nsection, the term `take' means to--\n ``(1) knowingly and intentionally perform any act with the \n knowledge that the act would constitute harassing, harming, \n pursuing, hunting, shooting, wounding, killing, trapping, \n capturing, or collecting an individual member of a species that \n was present at the time and location of the act; or\n ``(2) attempt to engage in conduct described in paragraph \n (1).''.\n\nSEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT \n VIOLATION.\n\n Section 10 (16 U.S.C. 1540) is amended by adding at the end the \nfollowing:\n ``(k) Notice and Opportunity To Correct Violation.--\n ``(1) In general.--A person shall not be liable for any \n criminal or civil penalty for a violation of this Act committed \n while conducting an otherwise lawful activity and not for the \n purpose of a taking prohibited by this Act, unless--\n ``(A) the Secretary provides the person notice of \n the violation; and\n ``(B) the person fails to terminate and otherwise \n correct the activity constituting the violation by not \n later than 30 days after the date of the notice.\n ``(2) Corrective action.--A person may correct an activity \n for purposes of paragraph (1)(B) by mitigation, entering into a \n binding commitment to carry out mitigation, or other method \n that is determined by the Secretary to be reasonably calculated \n to restore the species to its status immediately prior to the \n activity.''.\n\nSEC. 4. NO SURPRISES.\n\n Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end \nthe following:\n ``(3)(A) Each conservation plan developed under this subsection \nshall include provisions under which a person who has entered into, and \nis in compliance with, the conservation plan may not, without their \nconsent, be required to undertake any additional mitigation measures \nfor species covered by the plan if the measures would require payment \nof money, or compliance with use, development, or management \nrestrictions on any land, waters, or water-related rights, in addition \nto payments or compliance, respectively, otherwise required under the \nterms of the plan.\n ``(B) The provisions required by subparagraph (A) shall, among \nother matters, identify--\n ``(i) modifications to the plan; or\n ``(ii) additional conservation measures;\nif any, that the Secretary may require under extraordinary \ncircumstances.''.\n\nSEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR \n ENFORCEMENT ACTIONS.\n\n Section 11 (16 U.S.C. 1540) is further amended by adding at the end \nthe following:\n ``(h) Knowledge of Endangered or Threatened Status Required.--In \nany enforcement action or citizen suit under this Act in which it is \nalleged that the defendant acted or failed to act with respect to a \nmember of a species listed under section 4(c), it is an affirmative \ndefense to the allegation that the defendant could not reasonably have \nknown that the fish or wildlife or plant concerned is a member of an \nendangered species or threatened species.''.\n\nSEC. 6. SAFE HARBOR AGREEMENTS.\n\n Section 10 (16 U.S.C. 1539) is further amended by adding at the end \nthereof the following new subsection:\n ``(m) Safe Harbor Agreements.--\n ``(1) Agreements.--\n ``(A) In general.--The Secretary may enter into \n agreements with non-Federal persons to benefit the \n conservation of endangered species or threatened \n species by creating, restoring, or improving habitat or \n by maintaining currently unoccupied habitat for \n endangered species or threatened species. Under an \n agreement, the Secretary shall permit the person to \n take endangered species or threatened species included \n under the agreement on lands or waters that are subject \n to the agreement if the taking is incidental to, and \n not the purpose of, carrying out of an otherwise lawful \n activity, provided that the Secretary may not permit \n through such agreements any incidental take below the \n baseline requirement specified pursuant to subparagraph \n (B).\n ``(B) Baseline.--For each agreement under this \n subsection, the Secretary shall establish a baseline \n requirement that is mutually agreed upon by the \n applicant and the Secretary at the time of the \n agreement that will, at a minimum, maintain existing \n conditions for the species covered by the agreement on \n lands and waters that are subject to the agreement. The \n baseline may be expressed in terms of the abundance or \n distribution of endangered or threatened species, \n quantity or quality of habitat, or such other \n indicators as appropriate.\n ``(2) Standards and guidelines.--The Secretary shall issue \n standards and guidelines for the development and approval of \n safe harbor agreements in accordance with this subsection.\n ``(3) Financial assistance.--\n ``(A) In general.--In cooperation with the States \n and subject to the availability of appropriations under \n section 15(d), the Secretary may provide a grant of up \n to $10,000 to any individual private landowner to \n assist the landowner in carrying out a safe harbor \n agreement under this subsection.\n ``(B) Prohibition on assistance for required \n activities.--The Secretary may not provide assistance \n under this paragraph for any action that is required by \n a permit issued under this Act or that is otherwise \n required under this Act or other Federal law.\n ``(C) Other payments.--Grants provided to an \n individual private landowner under this paragraph shall \n be in addition to, and not affect, the total amount of \n payments that the landowner is otherwise eligible to \n receive under the Conservation Reserve Program (16 \n U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 \n U.S.C. 3837 et seq.), or the Wildlife Habitat \n Incentives Program (16 U.S.C. 3836a).''.","summary":"Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define take to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation. And (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat. And (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement.","title":"Endangered Species Criminal and Civil Penalties Liability Reform Act","text_len":7524,"sum_len":2354} {"bill_id":"115_hr3364","text":"S BY OTHER GOVERNMENTS.\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, and annually thereafter for 5 years, the \nPresident shall submit to the appropriate congressional committees and \nleadership a report that evaluates the degree to which the governments \nof other countries have knowingly failed to--\n (1) close the representative offices of persons designated \n under applicable United Nations Security Council resolutions;\n (2) expel any North Korean nationals, including diplomats, \n working on behalf of such persons;\n (3) prohibit the opening of new branches, subsidiaries, or \n representative offices of North Korean financial institutions \n within the jurisdictions of such governments; or\n (4) expel any representatives of North Korean financial \n institutions.\n (b) Form.--The report required under subsection (a) shall be \nsubmitted in unclassified form but may contain a classified annex.\n (c) Appropriate Congressional Committees and Leadership Defined.--\nIn this section, the term ``appropriate congressional committees and \nleadership'' means--\n (1) the Committee on Foreign Relations, the Committee on \n Banking, Housing, and Urban Affairs, and the majority and minority \n leaders of the Senate; and\n (2) the Committee on Foreign Affairs, the Committee on \n Financial Services, the Committee on Ways and Means, and the \n Speaker, the majority leader, and the minority leader of the House \n of Representatives.\n SEC. 318. BRIEFING ON MEASURES TO DENY SPECIALIZED FINANCIAL \n MESSAGING SERVICES TO DESIGNATED NORTH KOREAN FINANCIAL \n INSTITUTIONS.\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, and every 180 days thereafter for 5 years, the \nPresident shall provide to the appropriate congressional committees a \nbriefing that includes the following information:\n (1) A list of each person or foreign government the President \n has identified that directly provides specialized financial \n messaging services to, or enables or facilitates direct or indirect \n access to such messaging services for--\n (A) any North Korean financial institution (as such term is \n defined in section 3 of the North Korea Sanctions and Policy \n Enhancement Act of 2016 (22 U.S.C. 9202)) designated under an \n applicable United Nations Security Council resolution; or\n (B) any other North Korean person, on behalf of such a \n North Korean financial institution.\n (2) A detailed assessment of the status of efforts by the \n Secretary of the Treasury to work with the relevant authorities in \n the home jurisdictions of such specialized financial messaging \n providers to end such provision or access.\n (b) Form.--The briefing required under subsection (a) may be \nclassified.\n\n Subtitle B--Sanctions With Respect to Human Rights Abuses by the \n Government of North Korea\n\n SEC. 321. SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH \n KOREANS.\n (a) Sanctions for Trafficking in Persons.--\n (1) In general.--Section 302(b) of the North Korea Sanctions \n and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)) is amended--\n (A) in paragraph (1), by striking ``and'' at the end;\n (B) in paragraph (2), by striking the period at the end and \n inserting ``; and''; and\n (C) by adding at the end the following new paragraph:\n ``(3) a list of foreign persons that knowingly employ North \n Korean laborers, as described in section 104(b)(1)(M).''.\n (2) Additional determinations; reports.--With respect to any \n country identified in section 302(b)(2) of the North Korea \n Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. \n 9241(b)(2)), as amended by paragraph (1), the report required under \n section 302(a) of such Act shall--\n (A) include a determination whether each person identified \n in section 302(b)(3) of such Act (as amended by paragraph (1)) \n who is a national or a citizen of such identified country meets \n the criteria for sanctions under--\n (i) section 111 of the Trafficking Victims Protection \n Act of 2000 (22 U.S.C. 7108) (relating to the prevention of \n trafficking in persons); or\n (ii) section 104(a) or 104(b)(1) of the North Korea \n Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. \n 9214(a)), as amended by section 101 of this Act;\n (B) be included in the report required under section 110(b) \n of the Trafficking Victims Protection Act of 2000 (22 U.S.C. \n 7107(b)) (relating to the annual report on trafficking in \n persons); and\n (C) be considered in any determination that the government \n of such country has made serious and sustained efforts to \n eliminate severe forms of trafficking in persons, as such term \n is defined for purposes of the Trafficking Victims Protection \n Act of 2000.\n (b) Sanctions on Foreign Persons That Employ North Korean Labor.--\n (1) In general.--Title III of the North Korea Sanctions and \n Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) is amended \n by inserting after section 302 the following new sections:\n``SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO GOODS MADE WITH NORTH \nKOREAN LABOR.\n ``(a) In General.--Except as provided in subsection (b), any \nsignificant goods, wares, articles, and merchandise mined, produced, or \nmanufactured wholly or in part by the labor of North Korean nationals \nor citizens shall be deemed to be prohibited under section 307 of the \nTariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry \nat any of the ports of the United States.\n ``(b) Exception.--The prohibition described in subsection (a) shall \nnot apply if the Commissioner of U.S. Customs and Border Protection \nfinds, by clear and convincing evidence, that the goods, wares, \narticles, or merchandise described in such paragraph were not produced \nwith convict labor, forced labor, or indentured labor under penal \nsanctions.\n``SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING NORTH KOREAN LABOR.\n ``(a) In General.--Except as provided in subsection (c), the \nPresident shall designate any person identified under section 302(b)(3) \nfor the imposition of sanctions under subsection (b).\n ``(b) Imposition of Sanctions.--\n ``(1) In general.--The President shall impose the sanctions \n described in paragraph (2) with respect to any person designated \n under subsection (a).\n ``(2) Sanctions described.--The sanctions described in this \n paragraph are sanctions pursuant to the International Emergency \n Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit \n all transactions in property and interests in property of a person \n designated under subsection (a), if such property and interests in \n property are in the United States, come within the United States, \n or are or come within the possession or control of a United States \n person.\n ``(c) Exception.--\n ``(1) In general.--A person may not be designated under \n subsection (a) if the President certifies to the appropriate \n congressional committees that the President has received reliable \n assurances from such person that--\n ``(A) the employment of North Korean laborers does not \n result in the direct or indirect transfer of convertible \n currency, luxury goods, or other stores of value to the \n Government of North Korea;\n ``(B) all wages and benefits are provided directly to the \n laborers, and are held, as applicable, in accounts within the \n jurisdiction in which they reside in locally denominated \n currency; and\n ``(C) the laborers are subject to working conditions \n consistent with international standards.\n ``(2) Recertification.--Not later than 180 days after the date \n on which the President transmits to the appropriate congressional \n committees an initial certification under paragraph (1), and every \n 180 days thereafter, the President shall--\n ``(A) transmit a recertification stating that the \n conditions described in such paragraph continue to be met; or\n ``(B) if such recertification cannot be transmitted, impose \n the sanctions described in subsection (b) beginning on the date \n on which the President determines that such recertification \n cannot be transmitted.''.\n (2) Clerical amendment.--The table of contents in section 1(b) \n of the North Korea Sanctions and Policy Enhancement Act of 2016 is \n amended by inserting after the item relating to section 302 the \n following new items:\n\n``Sec. 302A. Rebuttable presumption applicable to goods made with North \n Korean labor.\n``Sec. 302B. Sanctions on foreign persons employing North Korean \n labor.''.\n SEC. 322. MODIFICATIONS TO SANCTIONS SUSPENSION AND WAIVER \n AUTHORITIES.\n (a) Exemptions.--Section 208(a) of the North Korea Sanctions and \nPolicy Enhancement Act of 2016 (22 U.S.C. 9228(a)) is amended in the \nmatter preceding paragraph (1)--\n (1) by inserting ``201A,'' after ``104,''; and\n (2) by inserting ``302A, 302B,'' after ``209,''.\n (b) Humanitarian Waiver.--Section 208(b) of the North Korea \nSanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(b)(1)) is \namended--\n (1) by inserting ``201A,'' after ``104,'' in each place it \n appears; and\n (2) by inserting ``302A, 302B,'' after ``209(b),'' in each \n place it appears.\n (c) Waiver.--Section 208(c) of the North Korea Sanctions and Policy \nEnhancement Act of 2016 (22 U.S.C. 9228(c)) is amended in the matter \npreceding paragraph (1)--\n (1) by inserting ``201A,'' after ``104,''; and\n (2) by inserting ``302A, 302B,'' after ``209(b),''.\n SEC. 323. REWARD FOR INFORMANTS.\n Section 36(b) of the State Department Basic Authorities Act of 1956 \n(22 U.S.C. 2708(b)), is amended--\n (1) in paragraph (9), by striking ``or'' at the end;\n (2) in paragraph (10), by striking the period at the end and \n inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(11) the identification or location of any person who, while \n acting at the direction of or under the control of a foreign \n government, aids or abets a violation of section 1030 of title 18, \n United States Code; or\n ``(12) the disruption of financial mechanisms of any person who \n has engaged in the conduct described in sections 104(a) or \n 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act \n of 2016 (22 U.S.C. 2914(a) or (b)(1)).''.\n SEC. 324. DETERMINATION ON DESIGNATION OF NORTH KOREA AS A STATE \n SPONSOR OF TERRORISM.\n (a) Determination.--\n (1) In general.--Not later than 90 days after the date of the \n enactment of this Act, the Secretary of State shall submit to the \n appropriate congressional committees a determination whether North \n Korea meets the criteria for designation as a state sponsor of \n terrorism.\n (2) Form.--The determination required by paragraph (1) shall be \n submitted in unclassified form but may include a classified annex, \n if appropriate.\n (b) State Sponsor of Terrorism Defined.--For purposes of this \nsection, the term ``state sponsor of terrorism'' means a country the \ngovernment of which the Secretary of State has determined, for purposes \nof section 6(j) of the Export Administration Act of 1979 (50 U.S.C. \n4605(j)) (as in effect pursuant to the International Emergency Economic \nPowers Act), section 620A of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. \n2780), or any other provision of law, is a government that has \nrepeatedly provided support for acts of international terrorism.\n\n Subtitle C--General Authorities\n\n SEC. 331. AUTHORITY TO CONSOLIDATE REPORTS.\n Any reports required to be submitted to the appropriate \ncongressional committees under this title or any amendment made by this \ntitle that are subject to deadlines for submission consisting of \nsimilar units of time may be consolidated into a single report that is \nsubmitted to appropriate congressional committees pursuant to the \nearlier of such deadlines. The consolidated reports must contain all \ninformation required under this title or any amendment made by this \ntitle, in addition to all other elements mandated by previous law.\n SEC. 332. RULE OF CONSTRUCTION.\n Nothing in this title shall be construed to limit--\n (1) the authority or obligation of the President to apply the \n sanctions described in section 104 of the North Korea Sanctions and \n Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by \n section 311 of this Act, with regard to persons who meet the \n criteria for designation under such section, or in any other \n provision of law; or\n (2) the authorities of the President pursuant to the \n International Emergency Economic Powers Act (50 U.S.C. 1701 et \n seq.).\n SEC. 333. REGULATORY AUTHORITY.\n (a) In General.--The President shall, not later than 180 days after \nthe date of the enactment of this Act, promulgate regulations as \nnecessary for the implementation of this title and the amendments made \nby this title.\n (b) Notification to Congress.--Not fewer than 10 days before the \npromulgation of a regulation under subsection (a), the President shall \nnotify and provide to the appropriate congressional committees the \nproposed regulation, specifying the provisions of this title or the \namendments made by this title that the regulation is implementing.\n SEC. 334. LIMITATION ON FUNDS.\n No additional funds are authorized to carry out the requirements of \nthis title or of the amendments made by this title. Such requirements \nshall be carried out using amounts otherwise authorized.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Countering America's Adversaries Through Sanctions Act Countering Iran's Destabilizing Activities Act of 2017 This bill directs the President to impose sanctions against: (1) Iran's ballistic missile or weapons of mass destruction programs, (2) the sale or transfer to Iran of military equipment or the provision of related technical or financial assistance, and (3) Iran's Islamic Revolutionary Guard Corps and affiliated foreign persons. The President may impose sanctions against persons responsible for violations of internationally recognized human rights committed against individuals in Iran. The President may temporarily waive the imposition or continuation of sanctions under specified circumstances. Countering Russian Influence in Europe and Eurasia Act of 2017 The President must submit for congressional review certain proposed actions to terminate or waive sanctions with respect to the Russian Federation. Specified executive order sanctions against Russia shall remain in effect. The President may waive specified cyber- and Ukraine-related sanctions. The bill provides sanctions for activities concerning: (1) cyber security, (2) crude oil projects, (3) financial institutions, (4) corruption, (5) human rights abuses, (6) evasion of sanctions, (7) transactions with Russian defense or intelligence sectors, (8) export pipelines, (9) privatization of state-owned assets by government officials, and (10) arms transfers to Syria. The Department of State shall work with the government of Ukraine to increase Ukraine's energy security. The bill: (1) directs the Department of the Treasury to develop a national strategy for combating the financing of terrorism, and (2) includes the Secretary of the Treasury on the National Security Council. Korean Interdiction and Modernization of Sanctions Act The bill modifies and increases the President's authority to impose sanctions on persons in violation of certain United Nations Security Council resolutions regarding North Korea. US financial institutions shall not establish or maintain correspondent accounts used by foreign financial institutions to provide indirect financial services to North Korea. A foreign government that provides to or receives from North Korea a defense article or service is prohibited from receiving certain types of US foreign assistance. The bill provides sanctions against: (1) North Korean cargo and shipping, (2) goods produced in whole or part by North Korean convict or forced labor, and (3) foreign persons that employ North Korean forced laborers. The State Department shall submit a determination regarding whether North Korea meets the criteria for designation as a state sponsor of terrorism.","title":"Countering America\u2019s Adversaries Through Sanctions Act","text_len":14532,"sum_len":2698} {"bill_id":"115_hr4201","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Young and \nBeginning Farmers Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--IMPROVED ACCESS TO LAND\n\nSec. 101. Land trust eligibility for assistance for agricultural land \n easements.\nSec. 102. Priority for option to purchase at agricultural value in \n agricultural land easements.\nSec. 103. Prequalification of prospective applicants for credit from \n Farm Service Agency programs.\nSec. 104. Increase in limitation on amount of direct farm ownership \n loans; inflation indexation of limit.\nSec. 105. Report and action plan on agricultural conservation easement \n program.\n TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND \n PROGRAMS\n\nSec. 201. Beginning farmer coordination.\nSec. 202. Transfer of Advisory Committee on Beginning Farmers and \n Ranchers to jurisdiction of Farm Service \n Agency.\nSec. 203. Department of Agriculture on-line customer self-service \n portal.\nSec. 204. Beginning farmer and rancher development program to provide \n training, education, outreach, and \n technical assistance initiatives.\nSec. 205. Reauthorization of beginning farmer and rancher individual \n development accounts pilot program.\nSec. 206. Sale of surplus farm equipment or property to socially \n disadvantaged farmers or ranchers, veteran \n farmers or ranchers, and beginning farmers \n or ranchers.\n TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS\n\nSec. 301. Mandatory funding for farmers' market and local food \n promotion program.\nSec. 302. Grants to support farm viability programs.\n\n TITLE I--IMPROVED ACCESS TO LAND\n\nSEC. 101. LAND TRUST ELIGIBILITY FOR ASSISTANCE FOR AGRICULTURAL LAND \n EASEMENTS.\n\n (a) Land Trusts.--Section 1265B of the Food Security Act of 1985 \n(16 U.S.C. 3865b) is amended by adding at the end the following:\n ``(e) Land Trusts.--\n ``(1) Eligibility for assistance.--Notwithstanding section \n 1001D(b), an eligible entity that is a qualified land trust, as \n determined by the Secretary, may receive assistance under this \n section.\n ``(2) Assistance for reservation of easement.--The \n Secretary may provide assistance to an eligible entity that is \n a qualified land trust to supplement the sale price of eligible \n land to a farmer or rancher, who is not ineligible to receive \n assistance under section 1001D, if the eligible entity that is \n a qualified land trust reserves for itself an agricultural land \n easement in the eligible land.''.\n (b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security \nAct of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by striking \n``Notwithstanding'' and inserting ``Except as provided in section \n1265B(e), notwithstanding''.\n\nSEC. 102. PRIORITY FOR OPTION TO PURCHASE AT AGRICULTURAL VALUE IN \n AGRICULTURAL LAND EASEMENTS.\n\n Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. \n3865b(b)(3)) is amended by adding at the end the following:\n ``(D) Priority.--In evaluating applications under \n the program, the Secretary shall give priority to an \n application for the purchase of an agricultural land \n easement that, as determined by the Secretary--\n ``(i) maintains agricultural viability;\n ``(ii) includes, as a condition of the \n easement, a requirement that any subsequent \n purchase of the land subject to the easement \n shall be at agricultural value; or\n ``(iii) achieves the objectives of both \n clauses (i) and (ii).''.\n\nSEC. 103. PREQUALIFICATION OF PROSPECTIVE APPLICANTS FOR CREDIT FROM \n FARM SERVICE AGENCY PROGRAMS.\n\n Not later than October 1, 2018, the Secretary of Agriculture shall \ndevelop and implement procedures to ensure that the Farm Service Agency \nis prepared, in advance, to respond to a request by a prospective loan \napplicant (other than a request for preapproval) for a preliminary \ndetermination on--\n (1) whether the prospective applicant would likely qualify \n for credit under any program administered by the Farm Service \n Agency; or\n (2) the amount of credit for which the prospective \n applicant would likely qualify under any such program.\n\nSEC. 104. INCREASE IN LIMITATION ON AMOUNT OF DIRECT FARM OWNERSHIP \n LOANS; INFLATION INDEXATION OF LIMIT.\n\n Section 305 of the Consolidated Farm and Rural Development Act (7 \nU.S.C. 1925) is amended to read as follows:\n\n``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.\n\n ``(a) In General.--The Secretary shall make or insure no loan under \nsection 302, 303, 304, 310D, or 310E of this title that would cause the \nunpaid indebtedness under such sections of any 1 borrower to exceed the \nsmaller of--\n ``(1) the value of the farm or other security; or\n ``(2)(A) in the case of a loan other than a loan guaranteed \n by the Secretary, $500,000 (increased, beginning with the \n fiscal year 2019, by the regional farm real estate inflation \n percentage applicable to the region where the farm involved is \n located for the fiscal year in which the loan is made, and \n decreased by the amount of any unpaid indebtedness of the \n borrower on direct loans under subtitle B); or\n ``(B) in the case of a loan guaranteed by the Secretary, \n $700,000 (increased, beginning with fiscal year 2000, by the \n cost inflation percentage applicable to the fiscal year in \n which the loan is guaranteed and reduced by the amount of any \n unpaid indebtedness of the borrower on loans under subtitle B \n that are guaranteed by the Secretary).\n ``(b) Determination of Value.--In determining the value of the \nfarm, the Secretary shall consider appraisals made by competent \nappraisers under rules established by the Secretary.\n ``(c) Cost Inflation Percentage.--For purposes of this section, the \ncost inflation percentage applicable to a fiscal year is the percentage \n(if any) by which--\n ``(1) the average of the Prices Paid By Farmers Index (as \n compiled by the National Agricultural Statistics Service of the \n Department of Agriculture) for the 12-month period ending on \n August 31 of the immediately preceding fiscal year; exceeds\n ``(2) the average of such index (as so defined) for the 12-\n month period ending on August 31, 1996.\n ``(d) Regional Farm Real Estate Inflation Percentage.--\n ``(1) In general.--For purposes of this section, the \n regional farm real estate inflation percentage applicable to a \n farm for a fiscal year is the percentage (if any) by which--\n ``(A) the regional farm real estate inflation index \n developed under paragraph (2) for the region in which \n the farm is located, for the 12-month period ending on \n August 31 of the immediately preceding fiscal year; \n exceeds\n ``(B) the average of the index (as so defined) for \n the 12-month period ending on August 31, 2018.\n ``(2) Development.--The Secretary shall develop a regional \n farm real estate inflation index for measuring periodic changes \n in the price of farm real estate in each geographic region of \n the United States, using data from the National Agricultural \n Statistics Service.\n ``(e) Microloans.--\n ``(1) In general.--Subject to paragraph (2), the Secretary \n may establish a program to make or guarantee microloans.\n ``(2) Limitations.--The Secretary shall not make or \n guarantee a microloan under this subsection that would cause \n the total principal indebtedness outstanding at any 1 time for \n microloans made under this subtitle to any 1 borrower to exceed \n $50,000.\n ``(3) Applications.--To the maximum extent practicable, the \n Secretary shall limit the administrative burdens and streamline \n the application and approval process for microloans under this \n subsection.''.\n\nSEC. 105. REPORT AND ACTION PLAN ON AGRICULTURAL CONSERVATION EASEMENT \n PROGRAM.\n\n (a) Sense of Congress.--It is the sense of Congress that the \nagricultural conservation easement program established under section \n1265(a) of the Food Security Act of 1985 (16 U.S.C. 3865(a)) remains a \nvaluable program in assisting beginning farmers and ranchers in \nacquiring farmland for productive use.\n (b) Report and Plan Required.--Not later than one year after the \ndate of the enactment of this Act, the Chief of the Natural Resources \nConservation Service shall submit to the Committee on Agriculture of \nthe House of Representatives and the Committee on Agriculture, \nNutrition, and Forestry of the Senate a report that includes--\n (1) an evaluation of the extent in which the agricultural \n conservation easement program supports beginning farmers or \n ranchers in acquiring farmland; and\n (2) a plan to address any shortcomings identified through \n the evaluation for the purpose of furthering the goals of the \n agricultural conservation easement program to protect farmland \n and help farmers access farmland for productive use.\n\n TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND \n PROGRAMS\n\nSEC. 201. BEGINNING FARMER COORDINATION.\n\n (a) Program Established.--Not later than 1 year after the date of \nthe enactment of this Act, the Secretary, acting through the \nAdministrator of the Farm Service Agency, shall implement a program to \nassign to each State at least one coordinator to--\n (1) promote communication between the Department of \n Agriculture and beginning farmers or ranchers (as defined in \n section 206(b)) located in such State; and\n (2) increase the access of such beginning farmers or \n ranchers to apprenticeship programs, farm loan programs, and \n land available for purchase.\n (b) Use of Current Employees.--The assignment of beginning farmer \ncoordinators in compliance with subsection (a) may be accomplished \nthrough the designation of current employees of the Department of \nAgriculture and does not require the hiring of additional employees.\n (c) State Defined.--In this section, the term ``State'' means each \nof the several States, the District of Columbia, and any commonwealth, \nterritory, or possession of the United States.\n\nSEC. 202. TRANSFER OF ADVISORY COMMITTEE ON BEGINNING FARMERS AND \n RANCHERS TO JURISDICTION OF FARM SERVICE AGENCY.\n\n The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. \n6901 et seq.) is amended--\n (1) in section 226B(e)(2) (7 U.S.C. 6934)--\n (A) by striking subparagraph (C); and\n (B) by redesignating subparagraph (D) as \n subparagraph (C); and\n (2) in section 226 (7 U.S.C. 6932), by adding at the end \n the following new subsection:\n ``(i) Advisory Committee on Beginning Farmers and Ranchers.--The \nSecretary of Agriculture shall coordinate the activities of the Farm \nService Agency with the Advisory Committee on Beginning Farmers and \nRanchers established under section 5(b) of the Agricultural Credit \nImprovement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554).''.\n\nSEC. 203. DEPARTMENT OF AGRICULTURE ON-LINE CUSTOMER SELF-SERVICE \n PORTAL.\n\n (a) Customer Self-Service Portal.--The Secretary of Agriculture \nshall develop an on-line customer self-service portal through which \nfarmers and ranchers will be able to securely access their customer and \nprogram information and complete program applications in a wide range \nof agricultural programs offered by the Department of Agriculture.\n (b) Sense of Congress.--It is the sense of Congress that the \ndevelopment of an on-line customer self-service portal, as required by \nsubsection (a), should not negatively impact the many farmers and \nranchers who do not yet have access to high-speed internet or who would \nprefer not to utilize the online self-service portal.\n (c) Authorization of Appropriations.--For the three-fiscal year \nperiod beginning on October 1, 2018, there are authorized to be \nappropriated to the Secretary of Agriculture to carry out subsection \n(a)--\n (1) not less than $6,000,000; and\n (2) such additional amounts as are considered appropriate.\n\nSEC. 204. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM TO PROVIDE \n TRAINING, EDUCATION, OUTREACH, AND TECHNICAL ASSISTANCE \n INITIATIVES.\n\n Section 7405 of the Farm Security and Rural Investment Act of 2002 \n(7 U.S.C. 3319f) is amended by striking subsection (h) and inserting \nthe following new subsections:\n ``(h) Individual Development Accounts.--\n ``(1) Transfer of funds authorized.--Of the funds made \n available under subsection (i), the Secretary may transfer up \n to $10,000,000 per year, plus allocable administrative costs, \n for individual development accounts as authorized under section \n 333B of the Consolidated Farm and Rural Development Act (7 \n U.S.C. 1983b).\n ``(2) Administrative costs.--The Secretary may not use more \n than 4 percent of the funds transferred under this subsection \n for administrative costs incurred in implementing the \n individual development accounts authorized under section 333B \n of the Consolidated Farm and Rural Development Act (7 U.S.C. \n 1983b).\n ``(i) Funding.--\n ``(1) Mandatory funding.--Of the funds of the Commodity \n Credit Corporation, the Secretary shall make available to carry \n out this section--\n ``(A) $20,000,000 for fiscal year 2018;\n ``(B) $30,000,000 for each of fiscal years 2019 and \n 2020;\n ``(C) $40,000,000 for each of fiscal years 2021 and \n 2022; and\n ``(D) $50,000,000 for fiscal year 2023 and each \n fiscal year thereafter.\n ``(2) Authorization of appropriations.--In addition to \n funds provided under paragraph (1), there is authorized to be \n appropriated to carry out this section $30,000,000 for fiscal \n year 2018 and each fiscal year thereafter.\n ``(3) Availability.--Amounts made available under this \n subsection shall remain available until expended.''.\n\nSEC. 205. REAUTHORIZATION OF BEGINNING FARMER AND RANCHER INDIVIDUAL \n DEVELOPMENT ACCOUNTS PILOT PROGRAM.\n\n Subsection (h) of section 333B of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 1983b) is amended to read as follows:\n ``(h) Authorization of Appropriations.--In addition to any amounts \nprovided under section 7405 of the Farm Security and Rural Investment \nAct of 2002 (7 U.S.C. 3319f), there is authorized to be appropriated to \ncarry out this section $5,000,000 for each of fiscal years 2018 through \n2023.''.\n\nSEC. 206. SALE OF SURPLUS FARM EQUIPMENT OR PROPERTY TO SOCIALLY \n DISADVANTAGED FARMERS OR RANCHERS, VETERAN FARMERS OR \n RANCHERS, AND BEGINNING FARMERS OR RANCHERS.\n\n (a) Sale Authorized.--The Administrator of General Services, under \nregulations prescribed by the Administrator, may sell to a socially \ndisadvantaged farmer or rancher, veteran farmer or rancher, or \nbeginning farmer or rancher any farm equipment acquired by the General \nServices Administration that--\n (1) is suitable for use in farming operations; and\n (2) has been determined to be surplus property under \n chapter 5 of title 40, United States Code.\n (b) Definitions.--In this section:\n (1) Beginning farmer or rancher.--The term ``beginning \n farmer or rancher'' means an individual or entity that has not \n operated a farm or ranch or that has operated a farm or ranch \n for not more than 10 consecutive years and that will materially \n and substantially participate in the operation of the farm or \n ranch. In the case of an entity, these requirements apply to \n all members of the entity.\n (2) Food, agriculture, conservation, and trade act of 1990 \n terms.--The terms ``socially disadvantaged farmer or rancher'' \n and ``veteran farmer or rancher'' have the meanings given those \n terms in section 2501(e) of the Food, Agriculture, \n Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).\n\n TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS\n\nSEC. 301. MANDATORY FUNDING FOR FARMERS' MARKET AND LOCAL FOOD \n PROMOTION PROGRAM.\n\n Section 6(g)(1) of the Farmer-to-Consumer Direct Marketing Act of \n1976 (7 U.S.C. 3005(g)(1)) is amended--\n (1) by striking ``and'' at the end of subparagraph (C);\n (2) in subparagraph (D), by striking ``2018.'' and \n inserting ``2017; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(E) $50,000,000 for each of fiscal years 2018 \n through 2023.''.\n\nSEC. 302. GRANTS TO SUPPORT FARM VIABILITY PROGRAMS.\n\n (a) Grants Authorized.--The Secretary of Agriculture may make \ncompetitive grants to support a farm viability program developed by a \npublic or private entity that is designed--\n (1) to improve the economic viability and integrity of \n farms participating in the program through the development and \n implementation of a farm viability plans; and\n (2) to provide participating farmers with technical, legal, \n marketing, and business planning assistance to expand, upgrade, \n and modernize their agricultural operations and assist in land \n access and transfer.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Agriculture to make grants under this \nsection $5,000,000 for each of fiscal years 2018 through 2023.","summary":"Young and Beginning Farmers Act This bill amends various agricultural laws to modify and establish programs to assist beginning farmers. The bill makes land trusts eligible for certain assistance under the Department of Agriculture (USDA) Agricultural Conservation Easement Program. In administering the program, USDA must prioritize an application for purchasing an easement that maintains agricultural viability, requires subsequent purchases to be at agricultural value, or both. The bill modifies several agricultural programs to: require the Farm Service Agency (FSA) to prequalify loan applicants, increase and index for inflation the limits on the amounts of USDA farm ownership loans, transfer jurisdiction of the Advisory Committee on Beginning Farmers and Ranchers to the FSA, establish an online customer self-service portal, reauthorize the Beginning Farmer and Rancher Development Program with increased mandatory funding and allow specified funds to be transferred for individual development accounts, reauthorize the Beginning Farmer and Rancher Individual Development Accounts Pilot Program, reauthorize the Farmers Market and Local Food Promotion Program with increased mandatory funding, and authorize grants for farm viability programs. The FSA must assign state coordinators to promote communication with beginning farmers or ranchers and increase their access to USDA programs. The General Services Administration may sell surplus farm equipment or property to socially disadvantaged, veteran, or beginning farmers and ranchers.","title":"Young and Beginning Farmers Act","text_len":19105,"sum_len":1549} {"bill_id":"110_s869","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Competitive and Open Markets That \nProtect and Enhance the Treatment of Entrepreneurs Act of 2007'' or the \n``Compete Act of 2007''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act, the terms ``audit'', ``Board'', \n``Commission'', ``issuer'', and ``public accounting firm'' have the \nsame meanings as in section 2 of the Sarbanes-Oxley Act of 2002 (15 \nU.S.C. 7201).\n\nSEC. 3. INTERNAL CONTROL REPORTING AND EVALUATION.\n\n Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. \n7262(b)) is amended to read as follows:\n ``(b) Internal Control Reporting and Evaluation.--\n ``(1) Auditor attestation and report.--\n ``(A) In general.--With respect to the internal \n control assessment required by subsection (a), each \n registered public accounting firm that prepares or \n issues the audit report for the issuer shall, at the \n interval determined under paragraph (2), attest to, and \n report on, the assessment made by the management of the \n issuer.\n ``(B) Content.--The attestation and report on the \n management assessment required by this paragraph--\n ``(i) shall focus on the process and system \n management used--\n ``(I) to identify and manage risks;\n ``(II) to identify and implement \n key controls; and\n ``(III) to come to a conclusion on \n the effectiveness of the internal \n controls over financial reporting; and\n ``(ii) shall not include a separate opinion \n on the outcome of the assessment, including any \n pass or fail opinion by the auditor on the \n effectiveness of the internal controls of \n management over financial reporting.\n ``(2) Intervals for attestation and report.--The \n regulations of the Commission under this section--\n ``(A) shall require that the attestation and report \n required by paragraph (1) be performed during an \n initial reporting period, and then at 3-year intervals; \n and\n ``(B) may require a shorter interval in the event \n of a major shift in the structure or performance of the \n issuer, such as a merger, a significant financial \n restatement, evidence of fraud, or other such events, \n as determined by the Commission\n ``(3) Standards for attestation and report.--\n ``(A) Risk-based evaluation.--\n ``(i) In general.--An attestation made \n under this subsection shall be made in \n accordance with standards for attestation \n engagements issued or adopted by the Board.\n ``(ii) Requirements.--The standards issued \n or adopted by the Board for purposes of this \n subsection shall require that the audit of the \n management assessment of the internal controls \n of the issuer shall--\n ``(I) be designed, on the basis of \n the probability of risk and magnitude \n of potential harm, to focus on those \n controls that are critical to the \n accuracy of the financial statements of \n the issuer;\n ``(II) be consistent with the \n materiality standards prescribed by the \n Commission under paragraph (4); and\n ``(III) require that the \n determination by the auditor of the \n controls that create the greatest risk \n to the company shall be made in \n consultation with management of the \n issuer, and shall identify those \n greatest risks in consideration of the \n characteristics of the industry within \n which the issuer operates.\n ``(B) Reliance on the work of others.--The \n standards issued or adopted by the Board for purposes \n of this subsection shall eliminate duplication of \n audits and examinations--\n ``(i) by allowing registered public \n accounting firms performing attestations and \n reports under this subsection to rely on \n examinations and inspections conducted by \n Federal and State regulatory agencies--\n ``(I) to the extent that such \n examinations and inspections focus on \n the risk-based internal controls of the \n issuer; and\n ``(II) to the extent practicable, \n without affecting the timely completion \n of the examinations and inspections;\n ``(ii) where the issuer has engaged a \n third-party accountant to test and provide its \n management assessment of the internal control \n systems, by permitting--\n ``(I) the third-party accountant to \n work with registered public accounting \n firms performing attestations and \n reports under this subsection on \n determining the controls to be tested \n and the scope of the work;\n ``(II) the registered public \n accounting firms performing \n attestations and reports under this \n subsection to rely heavily on the work \n of the third-party accountant during \n the attestation engagement to avoid \n repetitive testing; and\n ``(III) management of the issuer to \n communicate openly with the registered \n public accounting firms performing \n attestations and reports under this \n subsection on all aspects of its \n internal controls.\n ``(C) Definition.--For purposes of subparagraph \n (B)(ii), the term `third-party accountant' means a \n registered public accounting firm other than the \n registered public accounting firm that is engaged to \n perform the attestation and report under this \n subsection.\n ``(4) Materiality standard.--The Commission shall develop a \n standard of materiality for the conduct of the assessment and \n report on an internal control under this subsection that shall \n be based on the relationship of the internal control to the \n reasonably possible effects on the financial statements of the \n issuer, and its significance to the overall financial status of \n the issuer.''.\n\nSEC. 4. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL CONTROL \n PROVISION.\n\n Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is \namended by adding at the end the following:\n ``(c) Smaller Public Company Option.--\n ``(1) Voluntary compliance.--A smaller issuer shall not be \n subject to the requirements of subsection (a), unless the \n smaller issuer voluntarily elects to comply with such \n requirements, in accordance with regulations prescribed by the \n Commission. Any smaller issuer that does not elect to comply \n with subsection (a) shall state such election, together with \n the reasons therefor, in its annual report to the Commission \n under section 13(a) or 15(d) of the Securities Exchange Act of \n 1934 (15 U.S.C. 78m or 78o(d)).\n ``(2) Definition.--\n ``(A) In general.--For purposes of this subsection, \n and subject to subparagraph (B), the term `smaller \n issuer' means an issuer for which an annual report is \n required by section 13(a) or 15(d) of the Securities \n Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), that--\n ``(i) has a total market capitalization at \n the beginning of the relevant reporting period \n of less than $700,000,000;\n ``(ii) has total product and services \n revenue for that reporting period of less than \n $125,000,000; or\n ``(iii) has, at the beginning of the \n relevant reporting period, fewer than 1500 \n record beneficial holders.\n ``(B) Annual adjustments.--The amounts referred to \n in clauses (i) and (ii) of subparagraph (A) shall be \n adjusted annually to account for changes in the \n Consumer Price Index for all urban consumers, United \n States city average, as published by the Bureau of \n Labor Statistics.''.\n\nSEC. 5. COMPETITION FOR AUDITING SERVICES.\n\n (a) Study Required.--The Commission and the Board shall jointly \nconduct a study examining the lack of, and impediments to, robust \ncompetition for the performance of audits for issuers.\n (b) Subjects of Study.--The study required by this section shall \nexamine--\n (1) the causes for, and the measures that may be taken to \n alleviate, the concentration of audit performance in only 4 \n large public accounting firms capable of servicing the larger \n issuers; and\n (2) the extent to which the Commission and the Board may, \n under existing law, take reasonable steps--\n (A) to increase the number of qualified accounting \n firms; and\n (B) to eliminate de minimis conflict of interest \n provisions.\n (c) Report.--\n (1) In general.--Not later than 6 months after the date of \n enactment of this Act, the Commission and the Board shall \n submit a joint report on the study required by this section to \n the Committee on Banking, Housing, and Urban Affairs of the \n Senate and the Committee on Financial Services of the House of \n Representatives.\n (2) Requirements.--The report required by this subsection \n shall--\n (A) contain the results of the examination of each \n of the subjects identified in subsection (b);\n (B) make recommendations to the accounting industry \n of measures that may be undertaken under existing \n provisions of law, regulations, and standards to \n alleviate the concentration described in subsection \n (b)(1);\n (C) identify the measures that the Commission and \n the Board should be authorized to undertake to \n alleviate such concentration; and\n (D) make any recommendations to Congress for \n changes in the laws administered by the Commission and \n the Board that the Commission or the Board consider \n appropriate and necessary on the basis of the study.\n\nSEC. 6. PRINCIPLES-BASED GUIDANCE STUDY.\n\n (a) Study Required.--The Commission and the Board shall jointly \nconduct a study comparing and contrasting the principles-based Turnbull \nGuidance under the securities laws of Great Britain to the \nimplementation of section 404 of the Sarbanes-Oxley Act of 2002.\n (b) Report.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Commission and the Board shall \n submit a joint report on the study required by this section to \n the Committee on Banking, Housing, and Urban Affairs of the \n Senate and the Committee on Financial Services of the House of \n Representatives.\n (2) Requirements.--The report required by this subsection \n shall--\n (A) compare the relative accounting and other costs \n of the principles-based Turnbull Guidance under the \n securities laws of Great Britain and the implementation \n of section 404 of the Sarbanes-Oxley Act of 2002, in \n relation to the relative reduction in the level of risk \n to investors and increase in the level of investor \n confidence in the financial statements of issuers; and\n (B) recommend to the Congress appropriate measures \n to alleviate accounting and other costs in relation to \n the reduction of such risk and the increase in such \n confidence.","summary":"Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007, or the Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) to revise requirements for the internal control assessment component of a securities issuer's annual report. Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting. Prohibits an auditor's attestation and report from including a separate (passfail) opinion on the effectiveness of such internal controls. Requires such attestation and report to be performed at three-year intervals. Prescribes standards for such attestations and reports, including a risk-based evaluation. Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies. Instructs the Securities and Exchange Commission (SEC) to develop a standard of materiality for such assessments and reports based upon the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer. Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. Directs the SEC and the Public Company Accounting Oversight Board to jointly conduct studies: (1) examining the lack of, and impediments to, robust competition for the performance of audits for issuers. And (2) comparing and contrasting the principles-based Turnbull Guidance under the British securities laws to the implementation of section 404 of Sarbanes-Oxley .","title":"A bill to reform certain provisions of section 404 of the Sarbanes-Oxley Act of 2002, to make compliance with that section more efficient, with the goal of maintaining United States capital market global competitiveness.","text_len":14076,"sum_len":1937} {"bill_id":"110_s228","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Child Care Act''.\n\nSEC. 2. SMALL BUSINESS CHILD CARE GRANT PROGRAM.\n\n (a) Establishment.--The Secretary of Health and Human Services \n(referred to in this section as the ``Secretary'') shall establish a \nprogram to award grants to States, on a competitive basis, to assist \nStates in providing funds to encourage the establishment and operation \nof employer-operated child care programs.\n (b) Application.--To be eligible to receive a grant under this \nsection, a State shall prepare and submit to the Secretary an \napplication at such time, in such manner, and containing such \ninformation as the Secretary may require, including an assurance that \nthe funds required under subsection (e) will be provided.\n (c) Amount and Period of Grant.--The Secretary shall determine the \namount of a grant to a State under this section based on the population \nof the State as compared to the population of all States receiving \ngrants under this section. The Secretary shall make the grant for a \nperiod of 3 years.\n (d) Use of Funds.--\n (1) In general.--A State shall use amounts provided under a \n grant awarded under this section to provide assistance to small \n businesses (or consortia formed in accordance with paragraph \n (3)) located in the State to enable the small businesses (or \n consortia) to establish and operate child care programs. Such \n assistance may include--\n (A) technical assistance in the establishment of a \n child care program;\n (B) assistance for the startup costs related to a \n child care program;\n (C) assistance for the training of child care \n providers;\n (D) scholarships for low-income wage earners;\n (E) the provision of services to care for sick \n children or to provide care to school-aged children;\n (F) the entering into of contracts with local \n resource and referral organizations or local health \n departments;\n (G) assistance for care for children with \n disabilities;\n (H) payment of expenses for renovation or operation \n of a child care facility; or\n (I) assistance for any other activity determined \n appropriate by the State.\n (2) Application.--In order for a small business or \n consortium to be eligible to receive assistance from a State \n under this section, the small business involved shall prepare \n and submit to the State an application at such time, in such \n manner, and containing such information as the State may \n require.\n (3) Preference.--\n (A) In general.--In providing assistance under this \n section, a State shall give priority to an applicant \n that desires to form a consortium to provide child care \n in a geographic area within the State where such care \n is not generally available or accessible.\n (B) Consortium.--For purposes of subparagraph (A), \n a consortium shall be made up of 2 or more entities \n that shall include small businesses and that may \n include large businesses, nonprofit agencies or \n organizations, local governments, or other appropriate \n entities.\n (4) Limitations.--With respect to grant funds received \n under this section, a State may not provide in excess of \n $500,000 in assistance from such funds to any single applicant.\n (e) Matching Requirement.--To be eligible to receive a grant under \nthis section, a State shall provide assurances to the Secretary that, \nwith respect to the costs to be incurred by a covered entity receiving \nassistance in carrying out activities under this section, the covered \nentity will make available (directly or through donations from public \nor private entities) non-Federal contributions to such costs in an \namount equal to--\n (1) for the first fiscal year in which the covered entity \n receives such assistance, not less than 50 percent of such \n costs ($1 for each $1 of assistance provided to the covered \n entity under the grant);\n (2) for the second fiscal year in which the covered entity \n receives such assistance, not less than 66\\2\/3\\ percent of such \n costs ($2 for each $1 of assistance provided to the covered \n entity under the grant); and\n (3) for the third fiscal year in which the covered entity \n receives such assistance, not less than 75 percent of such \n costs ($3 for each $1 of assistance provided to the covered \n entity under the grant).\n (f) Requirements of Providers.--To be eligible to receive \nassistance under a grant awarded under this section, a child care \nprovider--\n (1) who receives assistance from a State shall comply with \n all applicable State and local licensing and regulatory \n requirements and all applicable health and safety standards in \n effect in the State; and\n (2) who receives assistance from an Indian tribe or tribal \n organization shall comply with all applicable regulatory \n standards.\n (g) State-Level Activities.--A State may not retain more than 3 \npercent of the amount described in subsection (c) for State \nadministration and other State-level activities.\n (h) Administration.--\n (1) State responsibility.--A State shall have \n responsibility for administering a grant awarded for the State \n under this section and for monitoring covered entities that \n receive assistance under such grant.\n (2) Audits.--A State shall require each covered entity \n receiving assistance under the grant awarded under this section \n to conduct an annual audit with respect to the activities of \n the covered entity. Such audits shall be submitted to the \n State.\n (3) Misuse of funds.--\n (A) Repayment.--If the State determines, through an \n audit or otherwise, that a covered entity receiving \n assistance under a grant awarded under this section has \n misused the assistance, the State shall notify the \n Secretary of the misuse. The Secretary, upon such a \n notification, may seek from such a covered entity the \n repayment of an amount equal to the amount of any such \n misused assistance plus interest.\n (B) Appeals process.--The Secretary shall by \n regulation provide for an appeals process with respect \n to repayments under this paragraph.\n (i) Reporting Requirements.--\n (1) 2-year study.--\n (A) In general.--Not later than 2 years after the \n date on which the Secretary first awards grants under \n this section, the Secretary shall conduct a study to \n determine--\n (i) the capacity of covered entities to \n meet the child care needs of communities within \n States;\n (ii) the kinds of consortia that are being \n formed with respect to child care at the local \n level to carry out programs funded under this \n section; and\n (iii) who is using the programs funded \n under this section and the income levels of \n such individuals.\n (B) Report.--Not later than 28 months after the \n date on which the Secretary first awards grants under \n this section, the Secretary shall prepare and submit to \n the appropriate committees of Congress a report on the \n results of the study conducted in accordance with \n subparagraph (A).\n (2) 4-year study.--\n (A) In general.--Not later than 4 years after the \n date on which the Secretary first awards grants under \n this section, the Secretary shall conduct a study to \n determine the number of child care facilities that are \n funded through covered entities that received \n assistance through a grant awarded under this section \n and that remain in operation, and the extent to which \n such facilities are meeting the child care needs of the \n individuals served by such facilities.\n (B) Report.--Not later than 52 months after the \n date on which the Secretary first awards grants under \n this section, the Secretary shall prepare and submit to \n the appropriate committees of Congress a report on the \n results of the study conducted in accordance with \n subparagraph (A).\n (j) Definitions.--In this section:\n (1) Covered entity.--The term ``covered entity'' means a \n small business or a consortium formed in accordance with \n subsection (d)(3).\n (2) Indian community.--The term ``Indian community'' means \n a community served by an Indian tribe or tribal organization.\n (3) Indian tribe; tribal organization.--The terms ``Indian \n tribe'' and ``tribal organization'' have the meanings given the \n terms in section 658P of the Child Care and Development Block \n Grant Act of 1990 (42 U.S.C. 9858n).\n (4) Small business.--The term ``small business'' means an \n employer who employed an average of at least 2 but not more \n than 50 employees on the business days during the preceding \n calendar year.\n (5) State.--The term ``State'' has the meaning given the \n term in section 658P of the Child Care and Development Block \n Grant Act of 1990 (42 U.S.C. 9858n).\n (k) Application to Indian Tribes and Tribal Organizations.--In this \nsection:\n (1) In general.--Except as provided in subsection (f)(1), \n and in paragraphs (2) and (3), the term ``State'' includes an \n Indian tribe or tribal organization.\n (2) Geographic references.--The term ``State'' includes an \n Indian community in subsections (c) (the second and third place \n the term appears), (d)(1) (the second place the term appears), \n (d)(3)(A) (the second place the term appears), and \n (i)(1)(A)(i).\n (3) State-level activities.--The term ``State-level \n activities'' includes activities at the tribal level.\n (l) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section, $50,000,000 for the period of fiscal \n years 2008 through 2012.\n (2) Studies and administration.--With respect to the total \n amount appropriated for such period in accordance with this \n subsection, not more than $2,500,000 of that amount may be used \n for expenditures related to conducting studies required under, \n and the administration of, this section.\n (m) Termination of Program.--The program established under \nsubsection (a) shall terminate on September 30, 2012.","summary":"Small Business Child Care Act - Directs the Secretary of Health and Human Services to establish a program to award grants, on a competitive basis, to assist states in providing funds to encourage the establishment and operation of employer-operated child care programs.","title":"A bill to establish a small business child care grant program, and for other purposes.","text_len":11761,"sum_len":269} {"bill_id":"106_hr2996","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Forest Service Financial \nAccountability Restoration Act of 1999''.\n\nSEC. 2. USE OF INCENTIVES TO RESTORE FOREST SERVICE FINANCIAL \n ACCOUNTABILITY.\n\n (a) Findings.--The Congress finds the following:\n (1) Section 3521(e) of title 31, United States Code, \n requires the Inspector General of the Department of Agriculture \n to audit the annual financial statements required to be \n prepared by the Forest Service. As a result of the inability of \n the Forest Service to produce reliable financial statements, \n the agency has received four successive adverse opinions or \n disclaimers from the Inspector General.\n (2) In January 1999, the Comptroller General submitted a \n report to Congress that identified the Forest Service as an \n agency at ``high risk'' of waste, fraud, abuse, and \n mismanagement due to the persistent and severe weaknesses in \n the Forest Service's accounting and financial reporting \n systems.\n (3) The Comptroller General has stated that the Forest \n Service will maintain its high risk status until the agency, at \n a minimum--\n (A) receives two consecutive unqualified audit \n opinions from the Inspector General; and\n (B) corrects the material internal control \n weaknesses, identified in the Inspector General's audit \n reports of the financial statements of the Forest \n Service, which adversely affect the ability of the \n Forest Service to maintain accountability over its \n assets on an ongoing basis.\n (4) Despite initial efforts on the part of the Forest \n Service to correct deficiencies in its financial management \n systems, the Comptroller General and the Inspector General of \n the Department of Agriculture have indicated that the Forest \n Service may still be years away from producing reliable \n financial statements or changing its high risk status.\n (5) Performance incentives are necessary to ultimately \n restore financial accountability to the Forest Service, and \n such incentives must be structured so as to preserve the \n ability of the Forest Service to perform its core missions, \n particularly a sustained reduction of the natural resources \n restoration and maintenance backlog within the National Forest \n System, while safeguarding further investments of taxpayer \n dollars from waste, fraud, abuse, and mismanagement.\n (b) Conditional Limitations on Forest Service Appropriations.--\nSubject to subsections (c) and (d), for fiscal years beginning after \nthe date of the enactment of this Act, the total amount appropriated \nfor the Forest Service to carry out discretionary programs and \nactivities for a fiscal year shall not exceed the sum of the amounts \nappropriated under the heading ``Forest Service'' in title II of the \nDepartment of the Interior and Related Agencies Appropriations Act, \n1999 (as contained in section 101(e) of division A of Public Law 105-\n277; 112 Stat. 2681-268).\n (c) Removal of Condition.--The limitations on the level of Forest \nService appropriations or obligations specified in subsection (b) shall \nterminate on the earlier of the following:\n (1) The date on which the Forest Service is no longer an \n agency at high risk of waste, fraud, abuse, and mismanagement \n due to weaknesses in its accounting and financial reporting \n systems, as determined under subsection (d).\n (2) The end of the fifth fiscal year subject to the \n limitations.\n (d) Criteria for Removal of High Risk Status.--The Forest Service \nshall no longer be an agency at high risk under subsection (c)(1) if \nthe Comptroller General certifies in writing to Congress that Forest \nService financial management is no longer at high risk. The Comptroller \nGeneral may make that certification only if--\n (1) the Forest Service receives two consecutive unqualified \n audit opinions from the Inspector General of the Department of \n Agriculture under section 3521(e) of title 31, United States \n Code; and\n (2) the Forest Service corrects the material weaknesses \n identified in the audit reports of the Inspector General \n regarding the Forest Service's fiscal year 1995 financial \n statements and all subsequent audit reports of the Inspector \n General regarding the Forest Service's financial statements \n published before the date of the enactment of this Act.\n (e) Backlog Reduction Outputs.--During each fiscal year identified \nin subsection (c)(2), the Forest Service shall maintain or increase \noutputs, relative to the levels achieved during fiscal year 1999, from \nprograms that directly reduce the natural resources restoration and \nmaintenance backlog within the National Forest System. Such outputs \nshall include the following:\n (1) Acres of forested land treated for reduction of \n wildfire risk.\n (2) Acres of forested land treated for reduction of \n mortality risk from insect and disease infestation.\n (3) Miles of roads and trails reconstructed or maintained.\n (4) Number of recreational facilities reconstructed or \n maintained.\n (5) Acres of terrestrial habitat restored or enhanced.\n (6) Miles of riparian areas restored or enhanced.\n (7) Other priority outputs identified by the Secretary.","summary":"Forest Service Financial Accountability Restoration Act of 1999 - Places specified limits on Forest Service appropriations until the earlier of the following: (1) the Service is no longer an agency at high risk of waste, fraud, and mismanagement due to accounting and financial reporting weaknesses. Or (2) the end of the fifth fiscal year subject to such limitations. Enumerates the criteria under which the Comptroller General shall certify to Congress that the Service is no longer at high risk Sets forth Service backlog reduction requirements.","title":"Forest Service Financial Accountability Restoration Act of 1999","text_len":5738,"sum_len":548} {"bill_id":"111_hr2481","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Pakistan Security and \nStability Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Congress supports the following elements outlined in \n the President's White Paper of the Interagency Policy Group's \n Report on United States Policy Toward Afghanistan and Pakistan:\n (A) The core goal of the United States must be to \n disrupt, dismantle, and defeat al Qaeda and its \n affiliated networks and their safe havens in Pakistan.\n (B) The threat that al Qaeda poses to the United \n States and its allies in Pakistan--including the \n possibility of extremists obtaining fissile material--\n is all too real.\n (C) The United States must overcome its trust \n deficit with Pakistan and demonstrate that it is a \n reliable, long-term partner.\n (2) The Government of Pakistan is facing significant \n security and socio-economic challenges that set the conditions \n for greater radicalization and may threaten Pakistan's \n viability. Such challenges include the following:\n (A) Al Qaeda's and other extremist groups' campaign \n of violent attacks throughout Pakistan, including the \n Red Mosque incident, the assassination of Benazir \n Bhutto, and the bombing of the Marriott Hotel in \n Islamabad.\n (B) Pakistan's population growth at a rate of \n approximately 2 percent a year, with nearly half of its \n 172 million residents illiterate, under the age of 20, \n and living near or below the poverty line.\n (3) Security and stability to Pakistan is further \n complicated given the prevalence of ungoverned spaces between \n Pakistan and Afghanistan in which state control has not been \n fully exercised given ethnic and tribal affiliations.\n (4) The security and stability of Pakistan is vital to the \n national security of the United States, and the consequences of \n failure poses a grave threat to the security of the American \n people, the region, and United States allies.\n (5) The objectives of United States policy toward Pakistan \n are to empower and enable Pakistan to--\n (A) develop into a prosperous and democratic state \n that is at peace with itself and with its neighbors;\n (B) actively confront, and deny safe haven to, al \n Qaeda, the Taliban, and other extremists;\n (C) implement the economic, legal, and social \n reforms required to create an environment that \n discourages violent Islamic extremism; and\n (D) maintain robust command and control over its \n nuclear weapons technology.\n\nSEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR \n PAKISTAN.\n\n (a) In General.--Not later than 30 days after the date of the \nenactment of the Supplemental Appropriations Act of 2009, the President \nshall develop and transmit to the appropriate congressional committees \na comprehensive interagency strategy and implementation plan for long-\nterm security and stability in Pakistan which shall be composed of the \nelements specified in subsection (b).\n (b) Elements.--The comprehensive interagency strategy and \nimplementation plan required by subsection (a) shall contain at least \nthe following elements:\n (1) A description of how United States assistance described \n in section 4 will be used to achieve the objectives of United \n States policy toward Pakistan.\n (2) Progress toward the following:\n (A) Assisting efforts to enhance civilian control \n and a stable constitutional government in Pakistan and \n promote bilateral and regional trade and economic \n growth.\n (B) Developing and operationally enabling Pakistani \n security forces so they are capable of succeeding in \n sustained counter-insurgency and counter-terror \n operations.\n (C) Shutting down Pakistani safe havens for \n extremists.\n (D) Improving Pakistan's capacity and capability to \n ``hold'' and ``build'' areas cleared of insurgents to \n prevent their return.\n (E) Developing and strengthening mechanisms for \n Pakistan-Afghanistan cooperation.\n (3) A financial plan and description of the resources, \n programming, and management of United States foreign assistance \n to Pakistan, including the criteria used to determine their \n prioritization.\n (4) A complete description of both the evaluation process \n for reviewing and adjusting the strategy and implementation as \n necessary, and measures of effectiveness for the implementation \n of the strategy.\n (c) Intelligence Support.--The Director of National Intelligence \nshall provide intelligence support to the development of the \ncomprehensive interagency strategy and implementation plan required by \nsubsection (a).\n (d) Updates of Strategy.--The President shall transmit in writing \nto the appropriate congressional committees any updates of the \ncomprehensive interagency strategy and implementation plan required by \nsubsection (a), as necessary.\n\nSEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN.\n\n (a) Foreign Assistance Act of 1961.--There is authorized to be \nappropriated to the President, for the purposes of providing assistance \nto Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et \nseq.), $1,500,000,000 or such sums as may be necessary for each of the \nfiscal years 2010 through 2013.\n (b) Pakistan Counterinsurgency Capability Fund.--There is \nauthorized to be appropriated to the President, for the purposes of \nbuilding a more effective counterinsurgency capability in Pakistan's \nsecurity forces, up to $700,000,000 for the Pakistan Counterinsurgency \nCapability Fund, for fiscal year 2010.\n (c) Use of Funds.--Amounts authorized to be appropriated under this \nsection or otherwise made available to carry out this Act shall be used \nto the maximum extent practicable as direct expenditures for programs, \nprojects, and activities, subject to existing reporting and \nnotification requirements.\n\nSEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS.\n\n (a) Briefing.--Not later than 30 days after the date of the \ntransmission of the comprehensive interagency strategy and \nimplementation plan required by section 3, and quarterly thereafter \nthrough December 1, 2013, the President, acting through the Secretary \nof State and the Secretary of Defense, shall brief the appropriate \ncongressional committees on the status of the comprehensive interagency \nstrategy and implementation plan.\n (b) Notification.--The President shall notify the appropriate \ncongressional committees not later than 30 days prior to obligating any \nassistance described in section 4 as budgetary support to the \nGovernment of Pakistan or to any persons, agencies, instrumentalities, \nor elements of the Government of Pakistan and shall describe the \npurpose and conditions attached to any such budgetary support \nassistance. The President shall notify the appropriate congressional \ncommittees not later than 30 days prior to obligating any other type of \nassistance described in section 4.\n\nSEC. 6. DEFINITION.\n\n In this Act, the term ``appropriate congressional committees'' \nmeans--\n (1) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Affairs, and the Permanent \n Select Committee on Intelligence of the House of \n Representatives; and\n (2) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Relations, and the Select \n Committee on Intelligence of the Senate.","summary":"United States-Pakistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan. Authorizes appropriations for: (1) Pakistan, and (2) the Pakistan Counterinsurgency Capability Fund.","title":"To require the President to develop a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan, and for other purposes.","text_len":8342,"sum_len":424} {"bill_id":"108_s2154","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Dru Sjodin National Sex Offender \nPublic Database Act of 2004'' or ``Dru's Law''.\n\nSEC. 2. DEFINITION.\n\n In this Act:\n (1) Criminal offense against a victim who is a minor.--The \n term ``criminal offense against a victim who is a minor'' has \n the same meaning as in section 170101(a)(3) of the Jacob \n Wetterling Crimes Against Children and Sexually Violent \n Offender Registration Act (42 U.S.C. 14071(a)(3)).\n (2) Minimally sufficient sexual offender registration \n program.--The term ``minimally sufficient sexual offender \n registration program'' has the same meaning as in section \n 170102(a) of the Jacob Wetterling Crimes Against Children and \n Sexually Violent Offender Registration Act (42 U.S.C. \n 14072(a)).\n (3) Sexually violent offense.--The term ``sexually violent \n offense'' has the same meaning as in section 170101(a)(3) of \n the Jacob Wetterling Crimes Against Children and Sexually \n Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).\n (4) Sexually violent predator.--The term ``sexually violent \n predator'' has the same meaning as in section 170102(a) of the \n Jacob Wetterling Crimes Against Children and Sexually Violent \n Offender Registration Act (42 U.S.C. 14072(a)).\n\nSEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.\n\n (a) In General.--The Attorney General shall--\n (1) make publicly available in a registry (in this Act \n referred to as the ``public registry'') from information \n contained in the the National Sex Offender Registry, via the \n Internet, all information described in subsection (b); and\n (2) allow for users of the public registry to determine \n which registered sex offenders are currently residing within a \n radius, as specified by the user of the public registry, of the \n location indicated by the user of the public registry.\n (b) Information Available in Public Registry.--With respect to any \nperson convicted of a criminal offense against a victim who is a minor \nor a sexually violent offense, or any sexually violent predator, \nrequired to register with a minimally sufficient sexual offender \nregistration program within a State, including a program established \nunder section 170101 of the Jacob Wetterling Crimes Against Children \nand Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)), \nthe public registry shall provide, to the extent available in the \nNational Sex Offender Registry--\n (1) the name and any known aliases of the person;\n (2) the date of birth of the person;\n (3) the current address of the person and any subsequent \n changes of that address;\n (4) a physical description and current photograph of the \n person;\n (5) the nature of and date of commission of the offense by \n the person;\n (6) the date on which the person is released from prison, \n or placed on parole, supervised release, or probation; and\n (7) any other information the Attorney General considers \n appropriate.\n\nSEC. 4. RELEASE OF HIGH RISK INMATES.\n\n (a) Civil Commitment Proceedings.--\n (1) In general.--Any State that provides for a civil \n commitment proceeding, or any equivalent proceeding, shall \n issue timely notice to the attorney general of that State of \n the impending release of any person incarcerated by the State \n who--\n (A) is a sexually violent predator; or\n (B) has been deemed by the State to be at high-risk \n for recommitting any sexually violent offense or \n criminal offense against a victim who is a minor.\n (2) Review.--Upon receiving notice under paragraph (1), the \n State attorney general shall consider whether or not to \n institute a civil commitment proceeding, or any equivalent \n proceeding required under State law.\n (b) Monitoring of Released Persons.--\n (1) In general.--Each State shall intensively monitor, for \n not less than 1 year, any person described under paragraph (2) \n who--\n (A) has been unconditionally released from \n incarceration by the State; and\n (B) has not been civilly committed pursuant to a \n civil commitment proceeding, or any equivalent \n proceeding under State law.\n (2) Applicability.--Paragraph (1) shall apply to--\n (A) any sexually violent predator; or\n (B) any person who has been deemed by the State to \n be at high-risk for recommitting any sexually violent \n offense or criminal offense against a victim who is a \n minor.\n (c) Compliance.--\n (1) Compliance date.--Each State shall have not more than 3 \n years from the date of enactment of this Act in which to \n implement the requirements of this section.\n (2) Ineligibility for funds.--A State that fails to \n implement the requirements of this section, shall not receive \n 25 percent of the funds that would otherwise be allocated to \n the State under section 20106(b) of the Violent Crime Control \n and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).\n (3) Reallocation of funds.--Any funds that are not \n allocated for failure to comply with this section shall be \n reallocated to States that comply with this section.\n\n Passed the Senate November 19, 2004.\n\n Attest:\n\n EMILY J. REYNOLDS,\n\n Secretary.","summary":"Dru Sjodin National Sex Offender Public Database Act of 2004 or Dru's Law - Directs the Attorney General to: (1) make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient State sexual offender registration program. And (2) allow registry users to identity offenders who are currently residing within a radius of the location indicated by the user. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the person is released from prison or placed on parole, supervised release, or probation Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of the impending release of a sexually violent predator or a person has been deemed to be at high-risk for recommitting any sexually violent offense or criminal offense against a minor. (2) the State attorney general to consider instituting a civil commitment proceeding. And (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed. Makes a State that fails to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994.","title":"A bill to establish a National sex offender registration database, and for other purposes.","text_len":5965,"sum_len":1653} {"bill_id":"113_hr4966","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pathogen Reduction and Testing \nReform Act of 2014''.\n\nSEC. 2. PRODUCTS CONTAINING CERTAIN PATHOGENS OR CONTAMINANTS \n ADULTERATED.\n\n (a) Meat and Meat Food Products.--Section 1(m) of the Federal Meat \nInspection Act (21 U.S.C. 601(m)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``or a microbial pathogen that is \n associated with serious illness or death'' after \n ``which may render it injurious to health''; and\n (B) by inserting ``or such a microbial pathogen'' \n after ``added substance''; and\n (2) in paragraph (2)--\n (A) by redesignating subparagraphs (B), (C), and \n (D) as subparagraphs (C), (D), and (E), respectively;\n (B) by inserting after subparagraph (A) the \n following new subparagraph:\n ``(B) if it bears or contains a strain of a microbial \n pathogen, such as Campylobacter or Salmonella, that is \n resistant to not less than two critically important antibiotics \n for human medicine (as specified in the World Health \n Organization's list of Critically Important Antimicrobials);''; \n and\n (C) in subparagraph (E) (as redesignated by \n subparagraph (A)) by striking ``clause (B), (C), or \n (D)'' and inserting ``this subparagraph or subparagraph \n (C) or (D)''.\n (b) Poultry and Poultry Products.--Section 4(g) of the Poultry \nProducts Inspection Act (21 U.S.C. 453(g)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``or a microbial pathogen that is \n associated with serious illness or death'' after \n ``which may render it injurious to health''; and\n (B) by inserting ``or such a microbial pathogen'' \n after ``added substance''; and\n (2) in paragraph (2)--\n (A) by redesignating subparagraphs (B), (C), and \n (D) as subparagraphs (C), (D), and (E), respectively;\n (B) by inserting after subparagraph (A) the \n following new subparagraph:\n ``(B) if it bears or contains a strain of a microbial \n pathogen, such as Campylobacter or Salmonella, that is \n resistant to not less than two critically important antibiotics \n for human medicine (as specified in the World Health \n Organization's list of Critically Important Antimicrobials);''; \n and\n (C) in subparagraph (E) (as redesignated by \n subparagraph (A)) by striking ``clause (B), (C), or \n (D)'' and inserting ``this subparagraph or subparagraph \n (C) or (D)''.\n (c) Eggs and Egg Products.--Section 4(a) of the Egg Products \nInspection Act (21 U.S.C. 1033(a)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``or a microbial pathogen that is \n associated with serious illness or death'' after \n ``which may render it injurious to health''; and\n (B) by inserting ``or such a microbial pathogen'' \n after ``added substance''; and\n (2) in paragraph (2)--\n (A) by redesignating subparagraphs (B), (C), and \n (D) as subparagraphs (C), (D), and (E), respectively;\n (B) by inserting after subparagraph (A) the \n following new subparagraph:\n ``(B) if it bears or contains a strain of a microbial \n pathogen, such as Campylobacter or Salmonella, that is \n resistant to not less than two critically important antibiotics \n for human medicine (as specified in the World Health \n Organization's list of Critically Important Antimicrobials);''; \n and\n (C) in subparagraph (E) (as redesignated by \n subparagraph (A)) by striking ``clause (B), (C), or \n (D)'' and inserting ``this subparagraph or subparagraph \n (C) or (D)''.\n\nSEC. 3. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.\n\n (a) Meat and Meat Food Products.--The Federal Meat Inspection Act \nis amended by inserting after section 9 (21 U.S.C. 609) the following \nnew section:\n\n``SEC. 9A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.\n\n ``Not later than one year after the date of the enactment of this \nsection, the Secretary shall, for purposes of examinations or \ninspections conducted under this Act, establish sampling protocols and \ntesting procedures using the methods and technologies the Secretary \ndetermines are most appropriate--\n ``(1) to determine if meat and meat food products are \n adulterated within the meaning of paragraph (1) or (2)(B) of \n section 1(m); and\n ``(2) to prevent the use in commerce of any product that is \n determined to be so adulterated.''.\n (b) Poultry and Poultry Products.--The Poultry Products Inspection \nAct is amended by inserting after section 8 (21 U.S.C. 457) the \nfollowing new section:\n\n``SEC. 8A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.\n\n ``Not later than one year after the date of the enactment of this \nsection, the Secretary shall, for purposes of examinations or \ninspections conducted under this Act, establish sampling protocols and \ntesting procedures using the methods and technologies the Secretary \ndetermines are most appropriate--\n ``(1) to determine if poultry and poultry products are \n adulterated within the meaning of paragraph (1) or (2)(B) of \n section 4(g); and\n ``(2) to prevent the entry into or flow or movement in \n commerce of, or the burdening of commerce by, any such product \n that is determined to be so adulterated.''.\n (c) Egg and Egg Products.--The Egg Products Inspection Act is \namended by inserting after section 7 (21 U.S.C. 1036) the following new \nsection:\n\n``SEC. 7A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.\n\n ``Not later than one year after the date of the enactment of this \nsection, the Secretary shall, for purposes of examinations or \ninspections conducted under this Act, establish sampling protocols and \ntesting procedures using the methods and technologies the Secretary \ndetermines are most appropriate--\n ``(1) to determine if eggs and egg products are adulterated \n within the meaning of paragraph (1) or (2)(B) of section 4(a); \n and\n ``(2) to prevent the entry into or flow or movement in \n commerce of, or the burdening of commerce by, any such product \n that is determined to be so adulterated.''.\n\nSEC. 4. REGULATIONS; EFFECTIVE DATE.\n\n (a) Regulations.--Not later than 18 months after the date of the \nenactment of this Act, the Secretary of Agriculture shall issue \nregulations to carry out the amendments made by this Act.\n (b) Effective Date.--The amendments made by this Act shall apply \nwith respect to meat and meat food products, poultry and poultry \nproducts, and eggs and egg products entering into interstate or foreign \ncommerce on or after the date of the enactment of this Act.","summary":"Pathogen Reduction and Testing Reform Act of 2014 - Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to revise the definition of quot, adulteratedquot. To make explicit the Department of Agriculture's (USDA's) authority to issue a recall of meat, poultry, and egg products that contain microbial pathogens associated with serious illness or death or are resistant to two or more antibiotics critically important for human medicine. Requires the USDA to establish sampling protocols and testing procedures necessary to determine if meat, poultry, and egg products are adulterated under this Act and to prevent the entry, flow, or movement of those products into commerce.","title":"Pathogen Reduction and Testing Reform Act of 2014","text_len":7396,"sum_len":734} {"bill_id":"103_hr2032","text":"SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER.\n\n The Black Veterans of America, a nonprofit corporation organized \nunder the laws of the State of Minnesota, is hereby recognized as such \nand is granted a Federal charter.\n\nSEC. 2. POWERS.\n\n The Black Veterans of America (hereinafter in this Act referred to \nas the ``corporation'') shall have only those powers granted to it \nthrough its bylaws and articles of incorporation filed in the State in \nwhich it is incorporated and subject to the laws of such State.\n\nSEC. 3. OBJECTS AND PURPOSES.\n\n The objects and purposes of the corporation are those provided in \nits bylaws and articles of incorporation and shall include the \nfollowing:\n (1) Recognizing the contribution to the United States \n throughout its history made by black Americans in military \n service.\n (2) Ensuring that all veterans, and particularly black \n veterans, receive all benefits accorded them under law.\n (3) Serving as an information clearinghouse for all \n veterans' benefits, including education, housing, job training, \n disability, health care, and burial benefits.\n (4) Providing outreach and referral to community services \n for veterans and their families.\n (5) Providing a forum for discussion of veterans' issues \n and concerns.\n\nSEC. 4. SERVICE OF PROCESS.\n\n With respect to service of process, the corporation shall comply \nwith the laws of the State in which it is incorporated and those States \nin which it carries on its activities in furtherance of its corporate \npurposes.\n\nSEC. 5. MEMBERSHIP.\n\n Except as provided in section 8, eligibility for membership in the \ncorporation and the rights and privileges of members of the corporation \nshall be as provided in the articles of incorporation and bylaws of the \ncorporation.\n\nSEC. 6. BOARD OF DIRECTORS.\n\n Except as provided in section 8, the composition of the board of \ndirectors of the corporation and the responsibilities of such board \nshall be as provided in the articles of incorporation of the \ncorporation and in conformity with the laws of the State in which it is \nincorporated.\n\nSEC. 7. OFFICERS OF CORPORATION.\n\n Except as provided in section 8, the positions of officers of the \ncorporation and the election of members to such positions shall be as \nprovided in the articles of incorporation of the corporation and in \nconformity with the laws of the State in which it is incorporated.\n\nSEC. 8. PROHIBITION AGAINST DISCRIMINATION.\n\n In establishing the conditions of membership in the corporation and \nin determining the requirements for serving on the board of directors \nor as an officer of the corporation, the corporation may not \ndiscriminate on the basis of race, color, religion, sex, handicap, age, \nor national origin.\n\nSEC. 9. RESTRICTIONS.\n\n (a) Income and Compensation.--No part of the income or assets of \nthe corporation may inure to the benefit of any member, officer, or \ndirector of the corporation or be distributed to any such individual \nduring the life of this charter. Nothing in this subsection shall be \nconstrued to prevent the payment of reasonable compensation to the \nofficers of the corporation or reimbursement for actual necessary \nexpenses in amounts approved by the board of directors.\n (b) Loans.--The corporation may not make any loan to any officer, \ndirector, or employee of the corporation.\n (c) Stock.--The corporation shall have no power to issue any shares \nof stock or to declare or pay any dividends.\n (d) Claim of Congressional Approval or Authorization.--The \ncorporation shall not claim congressional approval or the authorization \nof the Federal Government for any of its activities by virtue of this \nAct.\n\nSEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS.\n\n The corporation shall be liable for the acts of its officers and \nagents whenever such officers and agents have acted within the scope of \ntheir authority.\n\nSEC. 11. BOOKS AND RECORDS.\n\n The corporation shall keep correct and complete books and records \nof account and minutes of any proceeding of the corporation involving \nany of its members, the board of directors, or any committee having \nauthority under the board of directors. The corporation shall keep, at \nits principal office, a record of the names and addresses of all \nmembers having the right to vote in any proceeding of the corporation. \nAll books and records of such corporation may be inspected by any \nmember having the right to vote in any corporation proceeding, or by \nany agent or attorney of such member, for any proper purpose at any \nreasonable time. Nothing in this section shall be construed to \ncontravene any applicable State law.\n\nSEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.\n\n The first section of the Act entitled ``An Act to provide for audit \nof accounts of private corporations established under Federal law'', \napproved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the \nend the following:\n ``(77) The Black Veterans of America.''.\n\nSEC. 13. ANNUAL REPORT.\n\n The corporation shall report annually to the Congress concerning \nthe activities of the corporation during the preceding fiscal year. \nSuch annual report shall be submitted at the same time as the report of \nthe audit required by section 2 of the Act referred to in section 12. \nThe report shall not be printed as a public document.\n\nSEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.\n\n The right to alter, amend, or repeal this Act is expressly reserved \nto the Congress.\n\nSEC. 15. ``STATE'' DEFINED.\n\n For purposes of this Act, the term ``State'' includes the District \nof Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the \nNorthern Mariana Islands, and the territories and possessions of the \nUnited States.\n\nSEC. 16. TAX-EXEMPT STATUS.\n\n The corporation shall maintain its status as an organization exempt \nfrom taxation as provided in the Internal Revenue Code of 1986.\n\nSEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RESTRICTIONS OR \n PROHIBITIONS.\n\n If the corporation shall fail to comply with any of the \nrestrictions or provisions of this Act, the charter granted by this Act \nshall expire.","summary":"Grants a Federal charter to Black Veterans of America .","title":"To recognize the organization known as the Black Veterans of America.","text_len":6309,"sum_len":55} {"bill_id":"112_s1669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Water Infrastructure Resiliency and \nSustainability Act of 2011''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Hydrologic condition.--The term ``hydrologic \n condition'' means the quality, quantity, or reliability of the \n water resources of a region of the United States.\n (3) Owner or operator of a water system.--\n (A) In general.--The term ``owner or operator of a \n water system'' means an entity (including a regional, \n State, tribal, local, municipal, or private entity) \n that owns or operates a water system.\n (B) Inclusions.--The term ``owner or operator of a \n water system'' includes--\n (i) a non-Federal entity that has \n operational responsibilities for a federally, \n tribally, or State-owned water system; and\n (ii) an entity established by an agreement \n between--\n (I) an entity that owns or operates \n a water system; and\n (II) at least 1 other entity.\n (4) Water system.--The term ``water system'' means--\n (A) a community water system (as defined in section \n 1401 of the Safe Drinking Water Act (42 U.S.C. 300f));\n (B) a treatment works (as defined in section 212 of \n the Federal Water Pollution Control Act (33 U.S.C. \n 1292)), including a municipal separate storm sewer \n system (as such term is used in that Act (33 U.S.C. \n 1251 et seq.));\n (C) a decentralized wastewater treatment system for \n domestic sewage;\n (D) a groundwater storage and replenishment system;\n (E) a system for transport and delivery of water \n for irrigation or conservation; or\n (F) a natural or engineered system that manages \n floodwater.\n\nSEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.\n\n (a) Program.--The Administrator shall establish and implement a \nprogram, to be known as the ``Water Infrastructure Resiliency and \nSustainability Program'', under which the Administrator shall award \ngrants for each of fiscal years 2012 through 2016 to owners or \noperators of water systems for the purpose of increasing the resiliency \nor adaptability of the water systems to any ongoing or forecasted \nchanges (based on the best available research and data) to the \nhydrologic conditions of a region of the United States.\n (b) Use of Funds.--As a condition on receipt of a grant under this \nAct, an owner or operator of a water system shall agree to use the \ngrant funds exclusively to assist in the planning, design, \nconstruction, implementation, operation, or maintenance of a program or \nproject that meets the purpose described in subsection (a) by--\n (1) conserving water or enhancing water use efficiency, \n including through the use of water metering and electronic \n sensing and control systems to measure the effectiveness of a \n water efficiency program;\n (2) modifying or relocating existing water system \n infrastructure made or projected to be significantly impaired \n by changing hydrologic conditions;\n (3) preserving or improving water quality, including \n through measures to manage, reduce, treat, or reuse municipal \n stormwater, wastewater, or drinking water;\n (4) investigating, designing, or constructing groundwater \n remediation, recycled water, or desalination facilities or \n systems to serve existing communities;\n (5) enhancing water management by increasing watershed \n preservation and protection, such as through the use of natural \n or engineered green infrastructure in the management, \n conveyance, or treatment of water, wastewater, or stormwater;\n (6) enhancing energy efficiency or the use and generation \n of renewable energy in the management, conveyance, or treatment \n of water, wastewater, or stormwater;\n (7) supporting the adoption and use of advanced water \n treatment, water supply management (such as reservoir \n reoperation and water banking), or water demand management \n technologies, projects, or processes (such as water reuse and \n recycling, adaptive conservation pricing, and groundwater \n banking) that maintain or increase water supply or improve \n water quality;\n (8) modifying or replacing existing systems or constructing \n new systems for existing communities or land that is being used \n for agricultural production to improve water supply, \n reliability, storage, or conveyance in a manner that--\n (A) promotes conservation or improves the \n efficiency of use of available water supplies; and\n (B) does not further exacerbate stresses on \n ecosystems or cause redirected impacts by degrading \n water quality or increasing net greenhouse gas \n emissions;\n (9) supporting practices and projects, such as improved \n irrigation systems, water banking and other forms of water \n transactions, groundwater recharge, stormwater capture, \n groundwater conjunctive use, and reuse or recycling of drainage \n water, to improve water quality or promote more efficient water \n use on land that is being used for agricultural production;\n (10) reducing flood damage, risk, and vulnerability by--\n (A) restoring floodplains, wetland, and upland \n integral to flood management, protection, prevention, \n and response;\n (B) modifying levees, floodwalls, and other \n structures through setbacks, notches, gates, removal, \n or similar means to facilitate reconnection of rivers \n to floodplains, reduce flood stage height, and reduce \n damage to properties and populations;\n (C) providing for acquisition and easement of \n flood-prone land and properties in order to reduce \n damage to property and risk to populations; or\n (D) promoting land use planning that prevents \n future floodplain development;\n (11) conducting and completing studies or assessments to \n project how changing hydrologic conditions may impact the \n future operations and sustainability of water systems; or\n (12) developing and implementing measures to increase the \n resilience of water systems and regional and hydrological \n basins, including the Colorado River Basin, to rapid hydrologic \n change or a natural disaster (such as tsunami, earthquake, \n flood, or volcanic eruption).\n (c) Application.--To seek a grant under this Act, the owner or \noperator of a water system shall submit to the Administrator an \napplication that--\n (1) includes a proposal for the program, strategy, or \n infrastructure improvement to be planned, designed, \n constructed, implemented, or maintained by the water system;\n (2) provides the best available research or data that \n demonstrate--\n (A) the risk to the water resources or \n infrastructure of the water system as a result of \n ongoing or forecasted changes to the hydrological \n system of a region, including rising sea levels and \n changes in precipitation patterns; and\n (B) the manner in which the proposed program, \n strategy, or infrastructure improvement would perform \n under the anticipated hydrologic conditions;\n (3) describes the manner in which the proposed program, \n strategy, or infrastructure improvement is expected--\n (A) to enhance the resiliency of the water system, \n including source water protection for community water \n systems, to the anticipated hydrologic conditions; or\n (B) to increase efficiency in the use of energy or \n water of the water system; and\n (4) describes the manner in which the proposed program, \n strategy, or infrastructure improvement is consistent with an \n applicable State, tribal, or local climate adaptation plan, if \n any.\n (d) Priority.--\n (1) Water systems at greatest and most immediate risk.--In \n selecting grantees under this Act, subject to section 4(b), the \n Administrator shall give priority to owners or operators of \n water systems that are, based on the best available research \n and data, at the greatest and most immediate risk of facing \n significant negative impacts due to changing hydrologic \n conditions.\n (2) Goals.--In selecting among applicants described in \n paragraph (1), the Administrator shall ensure that, to the \n maximum extent practicable, the final list of applications \n funded for each year includes a substantial number that propose \n to use innovative approaches to meet 1 or more of the following \n goals:\n (A) Promoting more efficient water use, water \n conservation, water reuse, or recycling.\n (B) Using decentralized, low-impact development \n technologies and nonstructural approaches, including \n practices that use, enhance, or mimic the natural \n hydrological cycle or protect natural flows.\n (C) Reducing stormwater runoff or flooding by \n protecting or enhancing natural ecosystem functions.\n (D) Modifying, upgrading, enhancing, or replacing \n existing water system infrastructure in response to \n changing hydrologic conditions.\n (E) Improving water quality or quantity for \n agricultural and municipal uses, including through \n salinity reduction.\n (F) Providing multiple benefits, including to water \n supply enhancement or demand reduction, water quality \n protection or improvement, increased flood protection, \n and ecosystem protection or improvement.\n (e) Cost-Sharing Requirement.--\n (1) Federal share.--The share of the cost of any program, \n strategy, or infrastructure improvement that is the subject of \n a grant awarded by the Administrator to the owner or operator \n of a water system under subsection (a) paid through funds \n distributed under this Act shall not exceed 50 percent of the \n cost of the program, strategy, or infrastructure improvement.\n (2) Calculation of non-federal share.--In calculating the \n non-Federal share of the cost of a program, strategy, or \n infrastructure improvement proposed by a water system in an \n application submitted under subsection (c), the Administrator \n shall--\n (A) include the value of any in-kind services that \n are integral to the completion of the program, \n strategy, or infrastructure improvement, including \n reasonable administrative and overhead costs; and\n (B) not include any other amount that the water \n system involved receives from the Federal Government.\n (f) Report to Congress.--Not later than 3 years after the date of \nenactment of this Act, and every 3 years thereafter, the Administrator \nshall submit to Congress a report that--\n (1) describes the progress in implementing this Act; and\n (2) includes information on project applications received \n and funded annually under this Act.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $50,000,000 for each of fiscal years 2012 through 2016.\n (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the \namount made available to carry out this Act for a fiscal year, not more \nthan 20 percent may be made available to grantees for activities \ndescribed in subsection (b)(10).","summary":"Water Infrastructure Resiliency and Sustainability Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) establish the Water Infrastructure Resiliency and Sustainability Program to provide grants to owners or operators of water systems for programs or projects to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a US region. And (2) give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. Requires the Administrator to ensure that the list of grant applications funded include a substantial number that propose to use innovative approaches that: (1) promote more efficient water use, water conservation, water reuse, or recycling. (2) use decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (3) reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (4) modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions. (5) improve water quality or quantity for agricultural and municipal uses, including through salinity reduction. And (6) provide multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement.","title":"A bill to authorize the Administrator of the Environmental Protection Agency to establish a program of awarding grants to owners or operators of water systems to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a region of the United States.","text_len":12967,"sum_len":1604} {"bill_id":"115_s718","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Making Education Affordable Act''.\n\nSEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.\n\n Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. \n1138 et seq.) is amended--\n (1) by redesignating section 745 as section 746;\n (2) in section 746, as redesignated by paragraph (1), by \n striking ``fiscal year 2009'' and inserting ``fiscal year \n 2018''; and\n (3) by inserting after section 744 the following:\n\n``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.\n\n ``(a) Purpose.--The purpose of this section is to expand access for \nhigh school students to the opportunities offered in credit-based \nacademic transition programs established through partnerships between \nhigh schools and institutions of higher education utilizing dual or \nconcurrent enrollment programs or early college high school programs \nthat enable such students to earn college credits while in high school.\n ``(b) Eligible Institution.--In this section, the term `eligible \ninstitution' means an institution of higher education that carries out \na dual or concurrent enrollment program or an early college high school \nprogram that enables high school students to earn college credits while \nin high school.\n ``(c) Grants Authorized.--The Secretary may award grants to \neligible institutions to carry out credit-based academic transition \nprograms described in subsection (a).\n ``(d) Application.--An eligible institution that desires to receive \na grant under this section shall submit to the Secretary an application \nat such time, in such manner, and containing such information as the \nSecretary may require.\n ``(e) Priority.--In awarding grants under this section, the \nSecretary shall give priority to eligible institutions that serve \nstudents from low-income families, students from rural communities, or \nstudents who are the first in their family to receive postsecondary \neducation.\n ``(f) Use of Funds.--An eligible institution that receives a grant \nunder this section shall use the grant funds--\n ``(1) to carry out a dual or concurrent enrollment program \n or an early college high school program for high school \n students, through which such students while enrolled in high \n school are enrolled in postsecondary courses at the eligible \n institution, through which such students can earn college \n credits that can be transferred to 2-year and 4-year \n institutions of higher education in the State;\n ``(2) to provide teachers, principals, and other school \n leaders with professional development activities that enhance \n or enable the provision of postsecondary coursework through a \n dual or concurrent enrollment program or an early college high \n school program; and\n ``(3) to support activities such as--\n ``(A) designing the curriculum and sequence of \n courses in collaboration with teachers from the local \n educational agency and faculty from the eligible \n institution;\n ``(B) establishing a course articulation process \n for defining and approving courses for high school and \n postsecondary credit or credentials for both 2-year and \n 4-year institutions of higher education in the State;\n ``(C) outreach programs to provide elementary \n school and secondary school students, especially those \n in middle grades, and their parents, teachers, school \n counselors, and principals information about and \n academic preparation for the credit-based academic \n transition programs described in subsection (a);\n ``(D) helping students meet eligibility criteria \n for postsecondary courses and ensuring that students \n understand how credits earned will transfer to \n institutions of higher education in the State; and\n ``(E) coordinating secondary and postsecondary \n support services and academic calendars.\n ``(g) Flexibility of Funds.--An eligible institution that receives \na grant under this section may use grant funds for any of the costs \nassociated with carrying out credit-based academic transition programs \ndescribed in subsection (a), including the costs of--\n ``(1) tuition and fees, books, and required instructional \n materials for such program so that students will not be \n required to pay tuition or fees for postsecondary courses; and\n ``(2) transportation to and from such program.\n ``(h) Evaluation and Report.--Each eligible institution receiving a \ngrant under this section shall--\n ``(1) conduct an independent evaluation of the \n effectiveness of the activities carried out by such eligible \n institution under this section; and\n ``(2) prepare and submit to the Secretary a report \n containing the results of the evaluation described in paragraph \n (1).\n ``(i) Rule of Construction.--Nothing in this section shall be \nconstrued to impose on any State or public institution of higher \neducation any requirement or rule regarding credit-based academic \ntransition programs described in subsection (a) that is inconsistent \nwith State law.''.","summary":"Making Education Affordable Act This bill amends title VII of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits.","title":"Making Education Affordable Act","text_len":5521,"sum_len":491} {"bill_id":"111_hr6069","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Making Home Affordable Improvements \nAct''.\n\nSEC. 2. ALLOCATION OF MAKING HOME AFFORDABLE FUNDING FOR FORECLOSURE \n MITIGATION COUNSELING IN CONNECTION WITH HOME AFFORDABLE \n MODIFICATION PROGRAM AND HOME AFFORDABLE FORECLOSURE \n ALTERNATIVES PROGRAM.\n\n (a) Funding for Foreclosure Mitigation Counseling.--From any \namounts made available for carrying out the Making Home Affordable \ninitiative of the Secretary of the Treasury pursuant to title I of the \nEmergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), \nthe Secretary shall provide assistance, in the amounts provided under \nsubsection (c), to the National Foreclosure Mitigation Counseling \nProgram for foreclosure mitigation counseling activities in connection \nwith the Home Affordable Modification Program (HAMP) of such \ninitiative.\n (b) Distribution of Assistance.--\n (1) In general.--The National Foreclosure Mitigation \n Counseling Program shall distribute amounts received pursuant \n to subsection (a) to grantees in good standing in accordance \n with guidelines, policies, and procedures of the Program.\n (2) Housing counseling agency eligibility.--For a housing \n counseling agency to be eligible to receive assistance from \n amounts received pursuant to subsection (a), the agency must be \n a recipient of funding from the National Foreclosure Mitigation \n Counseling Program.\n (c) Formula for Funding.--The amount provided under this subsection \nshall be an amount, for each mortgage modified under the Home \nAffordable Modification Program, as follows:\n (1) Trial modifications.--For each mortgage for which a \n servicer or lender has entered into a trial modification under \n the Program with the borrower, $500.\n (2) Permanent modifications.--For each mortgage for which a \n servicer or lender has entered into a permanent modification \n under the Program with the borrower, $750.\n (3) Home affordable foreclosure alternatives program.--For \n each mortgage for which the servicer or lender has agreed to an \n alternative to foreclosure under the Home Affordable \n Foreclosure Alternatives (HAFA) Program, $300.\n (d) Administrative Fees.--The Neighborhood Reinvestment Corporation \nmay use up to 15 percent of the amount allocated under subsection (a) \nfor administrative expenses.\n (e) Use of Foreclosure Mitigation Counseling Funds.--Not later than \nthe expiration of the 180-day period beginning on the date of the \nenactment of this Act, the Neighborhood Reinvestment Corporation shall \nestablish a procedure by which the National Foreclosure Mitigation \nCounseling Program shall direct the amounts provided to such Program \npursuant to this section to participating housing counseling agencies.\n (f) National Foreclosure Mitigation Counseling Program.--For \npurposes of this section, the term ``National Foreclosure Mitigation \nCounseling Program'' means the program of the Neighborhood Reinvestment \nCorporation for mortgage foreclosure mitigation activities carried out \npursuant to--\n (1) title III of division K of the Consolidated \n Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2441);\n (2) section 2305 of the Housing and Economic Recovery Act \n of 2008 (42 U.S.C. 5301 note);\n (3) title III of division I of the Omnibus Appropriations \n Act, 2009 (Public Law 111-8; 123 Stat. 9821); and\n (4) any other provision of law providing amounts to the \n Neighborhood Reinvestment Corporation for such activities.\n (g) Guidelines.--The Secretary of the Treasury shall revise the \nguidelines of the Making Home Affordable initiative and the Home \nAffordable Modification Program as necessary to carry out this section.\n\nSEC. 3. COLLECTION OF PROGRAM DATA AND DISCLOSURE TO SECRETARY OF \n HOUSING AND URBAN DEVELOPMENT.\n\n (a) Collection of Program Data.--The Secretary of the Treasury \nshall revise the guidelines of the Home Affordable Modification Program \n(HAMP) of the Making Home Affordable initiative of the Secretary, \nauthorized under title I of the Emergency Economic Stabilization Act of \n2008 (12 U.S.C. 5211 et seq.), to provide for the collection, by the \nSecretary on a monthly basis from each mortgage servicer and lender \nparticipating in the Program, of comprehensive data on the activities \nof the servicer or lender under the Home Affordable Modification \nProgram. Such comprehensive data shall identify the participating \nhousing counseling agency, when applicable, and shall include the \nfollowing information:\n (1) The number of requests for mortgage modifications under \n the Program that the servicer or lender has received.\n (2) The number of requests for mortgage modifications under \n the Program that the servicer or lender has received for \n mortgages for borrowers having back-end debt-to-income ratios \n equal to or greater than 55 percent.\n (3) The number of requests for mortgage modifications under \n the Program that the servicer or lender has processed.\n (4) The number of requests for mortgage modifications under \n the Program that the servicer or lender has processed for \n mortgages for borrowers having back-end debt-to-income ratios \n equal to or greater than 55 percent.\n (5) The number of requests for mortgage modifications under \n the Program for which the servicer or lender has entered into a \n trial modification with the borrower.\n (6) The number of requests for mortgage modifications under \n the Program for which--\n (A) the servicer or lender has entered into a trial \n modification with the borrower; and\n (B) the borrower has a back-end debt-to-income \n ratio equal to or greater than 55 percent.\n (7) The number of requests for mortgage modifications under \n the Program for which the servicer or lender has entered into a \n permanent modification with the borrower.\n (8) The number of requests for mortgage modifications under \n the Program for which--\n (A) the servicer or lender has entered into a \n permanent modification with the borrower; and\n (B) the borrower has a back-end debt-to-income \n ratio equal to or greater than 55 percent.\n (9) The number of requests for mortgage modifications under \n the Program that the servicer or lender has denied.\n (10) The number of requests for mortgage modifications \n under the Program that the servicer or lender has denied for \n mortgages for borrowers having back-end debt-to-income ratios \n equal to or greater than 55 percent.\n (b) Disclosure to Secretary of HUD.--Not later than 14 days after \neach monthly deadline for submission of data by mortgage servicers and \nlenders participating in the Home Affordable Modification Program, the \nSecretary shall provide a report to the Secretary of Housing and Urban \nDevelopment containing such monthly data collected by the Secretary of \nthe Treasury from mortgage servicers and lenders participating in the \nProgram, including the information specified in subsection (a).\n (c) Public Availability.--Not later than 30 days after receipt by \nthe Secretary of Housing and Urban Development of each monthly report \npursuant to subsection (b), the Secretary of the Treasury shall make \nsuch report publicly available by means of a World Wide Web site of the \nSecretary and by submitting a report to the Congress.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Back-end debt-to-income ratio.--The term ``back-end \n debt-to-income ratio'' means, with respect to the borrower \n under a mortgage for which a request for modification under the \n Home Affordable Modification Program or a modification under \n such Program has been made, the ratio of monthly payments due \n on all debts of the borrower (including mortgage principal, \n interest, taxes, and insurance, and all other recurring debt) \n to the gross monthly income of the borrower before any such \n modification under such Program, as further defined by the \n Secretary in guidelines for the Home Affordable Modification \n Program.\n (2) Secretary.--Except where specifically provided \n otherwise, the term ``Secretary'' means the Secretary of the \n Treasury.","summary":"Making Home Affordable Improvements Act - Directs the Secretary of the Treasury to provide assistance in specified amounts to the National Foreclosure Mitigation Counseling Program (Program) of the Neighborhood Reinvestment Corporation (NRC) for foreclosure mitigation counseling activities in connection with the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative. Directs the Program to distribute funds to grantee housing counseling agencies in good standing. Directs the NRC to establish a procedure by which the Program shall direct funds to such agencies. Directs the Secretary of the Treasury to: (1) revise HAMP guidelines to provide for monthly collection by the Secretary of the Treasury from each participating mortgage servicer and lender of comprehensive data on its activities. And (2) report such data to the Secretary of Housing and Urban Development (HUD), report it to Congress, and make it publicly available on the Treasury World Wide Web site.","title":"To ensure adequate funding for foreclosure mitigation counseling activities of the Neighborhood Reinvestment Corporation in connection with the Home Affordable Modification Program of the Secretary of the Treasury.","text_len":8859,"sum_len":998} {"bill_id":"107_s1591","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Nuclear Safety and \nPromotion Act of 2001''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--GROWTH OF NUCLEAR ENERGY\n\nSec. 101. Price Anderson reauthorization.\nSec. 102. Elimination of foreign ownership restrictions.\nSec. 103. Combined licenses.\nSec. 104. Scope of environmental review.\n TITLE II--NRC REGULATORY REFORM\n\nSec. 201. Elimination of duplicative antitrust review.\nSec. 202. Hearing procedures.\nSec. 203. Authority over former licensees for decommissioning funding.\n TITLE III--NRC PERSONNEL CRISIS\n\nSec. 301. Elimination of pension offset.\nSec. 302. Contracts with the national laboratories.\nSec. 303. NRC training program.\n\n TITLE I--GROWTH OF NUCLEAR ENERGY\n\nSEC. 101. PRICE-ANDERSON REAUTHORIZATION.\n\n (a) Indemnification of Licensees.--Section 170c. of the Atomic \nEnergy Act of 1954 (42 U.S.C. 2210(c)) is amended--\n (1) in the subsection heading, by striking ``Licenses'' and \n inserting ``Licensees''; and\n (2) in the first sentence, by striking ``August 1, 2002'' \n and inserting ``August 1, 2012''.\n (b) Reports to Congress.--Section 170p. of the Atomic Energy Act of \n1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and \ninserting ``August 1, 2008''.\n (c) Applicability.--The amendments made by this section apply with \nrespect to nuclear incidents occurring on or after the date of \nenactment of this Act.\n\nSEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.\n\n (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of \n1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence.\n (b) Medical Therapy and Research and Development.--Section 104d. of \nthe Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by \nstriking the second sentence.\n\nSEC. 103. COMBINED LICENSE PERIODS.\n\n Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) \nis amended--\n (1) by striking ``c. Each such'' and inserting the \n following:\n ``c. License Period.--\n ``(1) In general.--Each such''; and\n (2) by adding at the end the following:\n ``(2) Combined licenses.--In the case of a combined \n construction and operating license issued under section 185(b), \n the duration of the operating phase of the license period shall \n not be less than the duration of the operating license if \n application had been made for separate construction and \n operating licenses.''.\n\nSEC. 104. SCOPE OF ENVIRONMENTAL REVIEW.\n\n (a) In General.--Chapter 10 of title I of the Atomic Energy act of \n1954 (42 U.S.C. 2131 et seq.) is amended--\n (1) by redesignating sections 110 and 111 as section 111 \n and 112, respectively; and\n (2) by inserting after section 109 the following:\n\n``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.\n\n ``In conducting any environmental review (including any activity \nconducted under section 102 of the National Environmental Policy Act of \n1969 (42 U.S.C. 4332)) in connection with an application for a license \nor a renewed license under this chapter, the Commission shall not give \nany consideration to the need for, or any alternative to, the facility \nto be licensed.''.\n (b) Conforming Amendments.--\n (1) The Atomic Energy Act of 1954 is amended--\n (A) in the table of contents (42 U.S.C. prec. \n 2011), by striking the items relating to section 110 \n and inserting the following:\n\n ``Sec. 110. Scope of environmental review.\n ``Sec. 111. Exclusions.\n ``Sec. 112. Licensing by Nuclear Regulatory Commission of \n distribution of certain materials by \n Department of Energy.'';\n (B) in the last sentence of section 57b. (42 U.S.C. \n 2077(b)), by striking ``section 111 b.'' and inserting \n ``section 112b.''; and\n (C) in section 131a.(2)(C), by striking ``section \n 111 b.'' and inserting ``section 112b.''.\n (2) Section 202 of the Energy Reorganization Act of 1974 \n (42 U.S.C. 5842) is amended--\n (A) by striking ``section 110 a.'' and inserting \n ``section 111a.''; and\n (B) by striking ``section 110 b.'' and inserting \n ``section 111b.''.\n\n TITLE II--NRC REGULATORY REFORM\n\nSEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.\n\n Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is \namended by striking subsection c. and inserting the following:\n ``c. Conditions.--\n ``(1) In general.--A condition for a grant of a license \n imposed by the Commission under this section shall remain in \n effect until the condition is modified or removed by the \n Commission.\n ``(2) Modification.--If a person that is licensed to \n construct or operate a utilization or production facility \n applies for reconsideration under this section of a condition \n imposed in the person's license, the Commission shall conduct a \n proceeding, on an expedited basis, to determine whether the \n license condition--\n ``(A) is necessary to ensure compliance with \n subsection a.; or\n ``(B) should be modified or removed.''.\n\nSEC. 202. HEARING PROCEDURES.\n\n Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. \n2239(a)(1)) is amended by adding at the end the following:\n ``(C) Hearings.--A hearing under this section shall \n be conducted using informal adjudicatory procedures \n unless the Commission determines that formal \n adjudicatory procedures are necessary--\n ``(i) to develop a sufficient record; or\n ``(ii) to achieve fairness.''.\n\nSEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING.\n\n Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) \nis amended--\n (1) by striking ``and (3)'' and inserting ``(3)''; and\n (2) by inserting before the semicolon at the end the \n following: ``, and (4) to ensure that sufficient funds will be \n available for the decommissioning of any production or \n utilization facility licensed under section 103 or 104b., \n including standards and restrictions governing the control, \n maintenance, use, and disbursement by any former licensee under \n this Act that has control over any fund for the decommissioning \n of the facility''.\n\n TITLE III--NRC PERSONNEL CRISIS\n\nSEC. 301. ELIMINATION OF PENSION OFFSET.\n\n Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is \namended by adding at the end the following:\n ``y. exempt from the application of sections 8344 and 8468 of title \n5, United States Code, an annuitant who was formerly an employee of the \nCommission who is hired by the Commission as a consultant, if the \nCommission finds that the annuitant has a skill that is critical to the \nperformance of the duties of the Commission.''.\n\nSEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES.\n\n Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is \namended by striking subsection c. and inserting the following:\n ``c. Contracts, Agreements, and Other Arrangements With the \nNational Laboratories.--Notwithstanding subsection b. and \nnotwithstanding the potential for a conflict of interest that cannot be \navoided, the Commission may enter into a contract, agreement, or other \narrangement with a national laboratory if the Commission takes \nreasonable steps to mitigate the effect of the conflict of interest.''.\n\nSEC. 303. NRC TRAINING PROGRAM.\n\n (a) In General.--In order to maintain the human resource investment \nand infrastructure of the United States in the nuclear sciences, health \nphysics, and engineering fields, in accordance with the statutory \nauthorities of the Commission relating to the civilian nuclear energy \nprogram, the Nuclear Regulatory Commission shall carry out a training \nand fellowship program to address shortages of individuals with \ncritical safety skills.\n (b) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated to \n carry out this section $1,000,000 for each of fiscal years 2002 \n through 2005.\n (2) Availability.--Funds made available under paragraph (1) \n shall remain available until expended.","summary":"Nuclear Safety and Promotion Act - Amends the Atomic Energy Act of 1954 to reauthorize until August 1, 2012, mandatory indemnification and holding harmless of certain licensees for nuclear incidents . Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC. Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses. Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal. Eliminates antitrust review of NRC license applications. Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund. Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties. Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest. Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills.","title":"A bill to promote the safe and efficient supply of energy while maintaining strong environmental protections.","text_len":8901,"sum_len":1678} {"bill_id":"108_hr3541","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Implements of Torture Export Control \nAct of 2004''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) In 1984, the United Nations General Assembly adopted \n the Convention Against Torture and Other Cruel, Inhuman, or \n Degrading Treatment or Punishment. The United States ratified \n the Convention in 1994, which defines torture as acts \n deliberately perpetrated by or with the approval of government \n officials, which are designed to inflict extreme physical or \n psychological suffering.\n (2) Torture has devastating, long-term consequences, not \n only for survivors, but also for their families, friends, and \n communities. Survivors' relationships with others suffer \n greatly because of the distrust and sense of alienation from \n humanity that the torture has engendered.\n (3) Amnesty International reports that there are over 117 \n countries in the world which engage in or condone torture. It \n is estimated that over 500,000 victims of foreign governmental \n torture live in the United States.\n (4) Mechanical restraints, such as handcuffs, leg irons, \n shackles, and thumbcuffs, are some of the most widely used \n security devices; they are also widely abused as implements of \n torture.\n (5) Equipment designed for legitimate law enforcement \n purposes can be misused to suppress freedom and commit human \n rights violations, particularly in countries where police \n authorities are used to monitor and harass human rights \n activists, opposition political figures, and others and where \n there are political or free expression ``crimes''.\n (6) Many devices intended for crime control purposes, such \n as electro-shock discharge devices, are especially susceptible \n to abuse as implements of torture.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Major non-nato allies.--The term ``major non-NATO \n ally'' means any country designated as a major non-Nato ally \n under section 517 of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2321k).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (3) Act of torture.--The term ``act of torture'' means any \n act committed by a person acting under the color of law that is \n specifically intended to inflict severe physical or mental pain \n or suffering (other than pain or suffering incidental to a \n lawful sanction) upon another person within the custody or \n physical control of the person performing the act.\n (4) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n International Relations of the House and the Committee on \n Foreign Relations and the Committee on Banking, Housing and \n Urban Affairs of the Senate.\n\nSEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT.\n\n (a) In General.--Except as provided in subsection (b), crime \ncontrol and detection instruments and equipment shall not be approved \nfor export by the Secretary except pursuant to an individual export \nlicense.\n (b) Exception.--Subsection (a) shall not apply to exports to any \ncountry that is a member of the North Atlantic Treaty Organization or \nis a major non-NATO ally.\n\nSEC. 5. LIMITATION ON EXPORTS.\n\n (a) In General.--\n (1) Country restriction.--The Secretary shall not approve \n the export to a country of the following items if the \n government of that country, or any group supported by or acting \n on behalf of that government, as determined by the Secretary of \n State, has repeatedly engaged in acts of torture:\n (A) Crime control and detection instruments.\n (B) Equipment especially susceptible to abuse as \n implements of torture.\n (2) Determination by the secretary of state.--The Secretary \n may not permit the export to any country of any item to which \n paragraph (1) applies unless and until the Secretary of State \n determines that the government of that country, and, if \n applicable, any group supported by or acting on behalf of that \n government, has not repeatedly engaged in acts of torture for \n the 12-month period preceding the date of the application to \n export the item.\n (b) End-User Exception.--Notwithstanding subsection (a), the \nSecretary, with the concurrence of the Secretary of State, may approve \nthe export of any item to which subsection (a) applies if the Secretary \nof State determines that the end user of the item proposed for export \nhas not engaged in acts of torture.\n (c) Notification.--\n (1) Determinations under subsection (a)(2).--The Secretary \n of State shall, not later than 5 days after a determination \n under subsection (a)(2) is made, report that determination to \n the appropriate congressional committees.\n (2) Licenses under subsection (b).--If an export license is \n approved under subsection (b), the Secretary and the Secretary \n of State shall, within 5 days after the granting of the export \n license, notify the appropriate congressional committees of the \n identity of the end-user and the determination made by the \n Secretary of State under that subsection with respect to the \n end user.\n\nSEC. 6. PROHIBITION ON EXPORT.\n\n Notwithstanding any other provision of this Act, the export of the \nfollowing items shall be prohibited to all destinations:\n (1) Any leg irons, handcuffs, and thumbcuffs that have \n sharp or serrated edges.\n (2) Saps, blackjacks, brass knuckles, and other easily \n concealed devices designed to administer severe blows to the \n body.\n (3) Electroshock stun belts.\n (4) Items specially designed as implements of torture.\n (5) Batons or clubs fitted with spikes or other hard \n protuberances.\n (6) Components produced for incorporation into these items \n and the technology used for the development or production of \n these items.\n\nSEC. 7. ESTABLISHMENT OF CONTROL LIST.\n\n The Secretary shall establish and maintain, with the concurrence \nof the Secretary of State, a list of--\n (1) crime control and detection instruments; and\n (2) equipment especially susceptible to abuse as implements \n of torture.\nThe Secretary shall publish the list in the Federal Register.\n\nSEC. 8. EXPORT LICENSE REVIEW.\n\n (a) Consultation.--In addition to the Secretary of State, the \nSecretary shall ensure that the head of all appropriate agencies are \nfully consulted before an individual export license is granted under \nsection 4.\n (b) Role of Secretary of State.--\n (1) Review of license.--Any determination by the Secretary \n to approve or deny an export license application to export \n crime control or detection instruments or equipment shall be \n made in concurrence with the recommendations of the Secretary \n of State.\n (2) Review within the department of state.--The Secretary \n of State shall ensure that the responsible official of the \n Bureau of Democracy, Human Rights and Labor is fully involved \n in reviewing proposed export licenses under paragraph (1).","summary":"Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization unless pursuant to an individual export license. Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item. Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture. Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with sharp or serrated edges. (2) saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body, (3) electroshock stun belts, (4) items specially designed as implements of torture. (5) batons or clubs fitted with spikes or other hard protuberances. And (6) components produced for incorporation into these items and the technology used for the development or production of these items. Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture. Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted. And (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State.","title":"To provide authority to prevent human rights violations by controlling certain exports, and for other purposes.","text_len":7675,"sum_len":1876} {"bill_id":"111_hr3658","text":"entitled ``A Joint Resolution to approve the \n `Covenant To Establish a Commonwealth of the Northern Mariana \n Islands in Political Union with the United States of America', \n and for other purposes'', approved March 24, 1976 (48 U.S.C. \n 1806(e)), as added by section 702 of the Consolidated Natural \n Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is \n amended--\n (A) in subparagraph (A), by striking ``subparagraph \n (B),'' and adding ``subparagraphs (B) and (C),'';\n (B) by redesignating subparagraph (B) as \n subparagraph (D); and\n (C) by inserting after subparagraph (A) the \n following:\n ``(B) Special rule.--\n ``(i) In general.--Except as provided in \n subparagraph (D), no alien who is described in \n clause (ii) may be removed from the United \n States on the grounds that such alien's \n presence in the Commonwealth of the Northern \n Mariana Islands is in violation of section \n 212(a)(6)(A) of the Immigration and Nationality \n Act (8 U.S.C. 1182(a)(6)(A)), prior to the date \n that is 5 years after the transition program \n effective date.\n ``(ii) Alien described.--An alien described \n in this clause is an alien who--\n ``(I) on May 8, 2008, was a \n resident of the Commonwealth of the \n Northern Mariana Islands and was--\n ``(aa) a permanent resident \n (as that term is defined in \n part 5-40.0-201 of the Northern \n Mariana Islands Administrative \n Code);\n ``(bb) an immediate \n relative of a citizen (as those \n terms are defined in such part \n 5-40.0-201); or\n ``(cc) the parent of a \n citizen (as that term is \n defined in such part 5-40.0-\n 201) who was under 21 years of \n age; and\n ``(II) on the transition program \n effective date, was lawfully present in \n the Commonwealth of the Northern \n Mariana Islands or only temporarily \n absent from the Commonwealth pursuant \n to the immigration laws of the \n Commonwealth.\n ``(C) Special nonimmigrant visa for parents.--\n ``(i) In general.--An alien parent \n described in subparagraph (B)(ii)(cc) is \n eligible for a special nonimmigrant visa issued \n pursuant to this subparagraph. Such visa \n shall--\n ``(I) grant the alien all of the \n privileges granted to an alien lawfully \n admitted for permanent residence, \n except that the alien shall reside in \n the Commonwealth of the Northern \n Mariana Islands; and\n ``(II) be valid until the earlier \n of--\n ``(aa) the date that the \n child of the alien petitions \n for an adjustment of status for \n the alien to that of an alien \n lawfully admitted for permanent \n residence (as that term is \n defined in section 101(a)(20) \n of the Immigration and \n Nationality Act (8 U.S.C. \n 1101(a)(20)));\n ``(bb) the date that the \n alien ceases to reside in the \n Commonwealth; or\n ``(cc) November 28, 2014.\n ``(ii) Petitions for adjustment of \n status.--A child of an alien parent described \n in subparagraph (B)(ii)(cc) may petition for an \n adjustment of status for the alien parent as \n described in clause (i)(II)(aa) during the \n period beginning on January 1, 2014, and ending \n on November 28, 2014, regardless of the age of \n the child.''.\n (2) Construction.--Such paragraph (1), as amended by \n paragraph (1) of this subsection, is further amended by adding \n at the end the following:\n ``(E) Construction.--This paragraph shall be \n construed to permit an alien who may not be removed \n 212(a)(6)(A) of the Immigration and Nationality Act (8 \n U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of \n this paragraph to leave the Commonwealth of the \n Northern Mariana Islands for a temporary absence and \n return to the Commonwealth pursuant to the entrance \n permit issued to the alien by the Commonwealth.''.\n (3) Employment authorization.--Paragraph (2) of such \n section 6(e), is amended--\n (A) by redesignating subparagraphs (A) and (B) as \n clauses (i) and (ii), respectively, and moving such \n clauses two ems to the right;\n (B) by striking ``An alien'' and inserting the \n following:\n ``(A) In general.--Except as provided in \n subparagraph (B), an alien''; and\n (C) by adding at the end the following:\n ``(B) Special rule.--An alien who is described in \n paragraph (1)(B)(ii) shall be considered authorized by \n the Secretary of Homeland Security to be employed in \n the Commonwealth of the Northern Mariana Islands until \n the date that is 5 years after the transition program \n effective date.''.\n (4) Registration.--Paragraph 3 of such section 6(e) is \n amended to read as follows:\n ``(3) Registration.--\n ``(A) Requirement for registration.--Beginning not \n later than November 28, 2009, and on an on-going basis, \n the Secretary of Homeland Security shall require any \n alien present in the Commonwealth of the Northern \n Mariana Islands on or after the transition period \n effective date to register with the Secretary.\n ``(B) Schedule for initial registration.--The \n Secretary shall complete the initial registration of \n all aliens required to register under subparagraph (A) \n not later than February 1, 2010.\n ``(C) Inapplicability of prohibition on removal and \n employment authorization.--Paragraphs (1) and (2) shall \n not apply to any alien who fails to register as \n required by this paragraph.\n ``(D) Cooperation.--Notwithstanding any other \n provision of law, the Government of the Commonwealth of \n the Northern Mariana Islands shall provide to the \n Secretary all Commonwealth immigration records or other \n information that the Secretary deems necessary to \n assist in the implementation of this paragraph or other \n provisions of the Consolidated Natural Resources Act of \n 2008 (Public Law 110-229; 122 Stat. 854) or any \n amendment made by that Act.\n ``(E) Construction with the ina.--Nothing in this \n paragraph may be construed to modify or limit the \n application of section 262 of the Immigration and \n Nationality Act (8 U.S.C. 1302) or any other provision \n of the Immigration and Nationality Act (8 U.S.C. 1101 \n et seq.) relating to the registration of aliens.''.\n\nSEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE \n COMMONWEALTH.\n\n Section 6 of the Joint Resolution entitled ``A Joint Resolution to \napprove the `Covenant To Establish a Commonwealth of the Northern \nMariana Islands in Political Union with the United States of America', \nand for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), \nas added by section 702 of the Consolidated Natural Resources Act of \n2008 (Public Law 110-229; 122 Stat. 854)) is amended--\n (1) by redesignating subsections (f), (g), and (h), as \n subsections (g), (h), and (i), respectively; and\n (2) by inserting after subsection (e) the following:\n ``(f) Adjustment of Status for Permanent Residents of the \nCommonwealth.--\n ``(1) Special nonimmigrant visa.--An alien who was, on May \n 8, 2008, described in part 5-40.1-200 of the Administrative \n Code of the Northern Mariana Islands (as in effect on such \n date) is eligible for a special nonimmigrant visa issued \n pursuant to this paragraph. Such visa shall--\n ``(A) grant the alien all of the privileges granted \n to an alien lawfully admitted for permanent residence, \n except that the alien shall reside in the Commonwealth \n of the Northern Mariana Islands; and\n ``(B) be valid until the earlier of--\n ``(i) the date on which the alien adjusts \n status under paragraph (2); or\n ``(ii) the date on which the alien ceases \n to reside in the Commonwealth.\n ``(2) Adjustment of status.--An alien is eligible for an \n adjustment of status to that of an alien lawfully admitted for \n permanent residence (as that term is defined in section \n 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(20))), pursuant to this paragraph, if the alien--\n ``(A) was, on May 8, 2008, described in part 5-\n 40.1-200 of the Administrative Code of the Northern \n Mariana Islands (as in effect on such date); and\n ``(B) applies for such status during the period \n beginning on January 1, 2014, and ending on November \n 28, 2014.''.\n\nSEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION.\n\n (a) In General.--Notwithstanding section 705(b) of the Consolidated \nNatural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made \nby section 702(b) of such Act shall take effect on the date that is 180 \ndays after the transition program effective date described in section \n6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section \n702(a) of the Consolidated Natural Resources Act of 2008). In a case in \nwhich the transition program effective date has been modified under \nparagraph (3) of such section 6(a) before the date of the enactment of \nthis Act, such amendments shall take effect on the date that is 180 \ndays after the modified date.\n (b) Treatment of CNMI Visitor Entry Program.--During the 180-day \nperiod referred to in subsection (a), the Secretary of Homeland \nSecurity shall administer the visitor entry program of the Commonwealth \nof the Northern Mariana Islands consistent with the provisions of \nCommonwealth law governing the program that were in effect on the day \nbefore the commencement of such period.\n\nSEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE \n COMMONWEALTH.\n\n (a) In General.--The Consolidated Natural Resources Act of 2008 \n(Public Law 110-229; 122 Stat. 754) is amended by inserting after \nsection 703 the following:\n\n``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF \n THE COMMONWEALTH.\n\n ``(a) Family-Based Immigration Benefit Application and Petition \nFees.--\n ``(1) In general.--The Secretary of State, the Attorney \n General, and the Secretary of Homeland Security shall reduce \n the fees for family-based immigration benefit applications and \n petitions (including associated fees, such as fees for \n fingerprinting or supporting documents) collected from \n residents of the Commonwealth of the Northern Mariana Islands \n who had immediate relative status pursuant to the immigration \n laws of the Commonwealth of the Northern Mariana Islands on May \n 8, 2008.\n ``(2) Amount of reduction.--The amount of the reduction \n shall be established by the Secretary of Homeland Security. It \n shall be a percentage reduction that is as least as great as \n the difference (expressed as a percentage) between the average \n per capita income in the Commonwealth of the Northern Mariana \n Islands and the average national per capita income in the \n United States as a whole (as determined according to the most \n recent data available from the Bureau of the Census).\n ``(b) Requirements for Sponsor's Affidavit of Support.--In the case \nof a resident of the Commonwealth of the Northern Mariana Islands who \nhad immediate relative status pursuant to the immigration laws of the \nCommonwealth of the Northern Mariana Islands on May 8, 2008, section \n213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C. \n1183a(f)(1)(E)) shall not apply.\n ``(c) Effective Date.--This section shall take effect on the date \nof the enactment of this section and shall cease to be effective on \nDecember 31, 2014.''.\n (b) Clerical Amendment.--The table of contents for the Consolidated \nNatural Resources Act of 2008 (16 U.S.C. 1 note) is amended by \ninserting after the item relating to section 703 the following:\n\n``703A. Family-based immigration fee reduction for residents of the \n Commonwealth.''.\n\nSEC. 5. EFFECTIVE DATES.\n\n (a) Section 3.--Section 3 shall take effect on the date of the \nenactment of this Act.\n (b) Section 4.--Section 703A of the Consolidated Natural Resources \nAct of 2008, as added by section 4 of this Act, shall be effective in \naccordance with subsection (c) of such section 703A.\n (c) Other Provisions.--Except as provided in subsection (b), the \namendments made by this Act shall take effect as if included in the \nenactment of subtitle A of title VII of the Consolidated Natural \nResources Act of 2008.","summary":"Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI, (2) an immediate relative of a citizen. Or (3) the parent of a citizen who was under 21 years old. Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI. And (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014. Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period. Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008, and (2) waive related sponsor income requirements.","title":"To make technical corrections to subtitle A of title VII of the Consolidated Natural Resources Act of 2008, and for other purposes.","text_len":15762,"sum_len":2048} {"bill_id":"115_s2195","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Judicial Transparency and Ethics \nEnhancement Act of 2017''.\n\nSEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.\n\n (a) Establishment and Duties.--Part III of title 28, United States \nCode, is amended by adding at the end the following:\n\n ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH\n\n``Sec.\n``1021. Establishment.\n``1022. Appointment, term, and removal of Inspector General.\n``1023. Duties.\n``1024. Powers.\n``1025. Reports.\n``1026. Whistleblower protection.\n``Sec. 1021. Establishment\n ``There is established for the judicial branch of the Government \nthe Office of Inspector General for the Judicial Branch (in this \nchapter referred to as the `Office').\n``Sec. 1022. Appointment, term, and removal of Inspector General\n ``(a) Appointment.--The head of the Office shall be the Inspector \nGeneral, who shall be appointed by the Chief Justice of the United \nStates after consultation with the majority and minority leaders of the \nSenate and the Speaker and minority leader of the House of \nRepresentatives.\n ``(b) Term.--The Inspector General shall serve for a term of 4 \nyears and may be reappointed by the Chief Justice of the United States \nfor any number of additional terms.\n ``(c) Removal.--The Inspector General may be removed from office by \nthe Chief Justice of the United States. The Chief Justice shall \ncommunicate the reasons for any such removal to both Houses of \nCongress.\n``Sec. 1023. Duties\n ``With respect to the judicial branch, the Office shall--\n ``(1) conduct investigations of alleged misconduct in the \n judicial branch (other than the United States Supreme Court) \n under chapter 16 that may require oversight or other action \n within the judicial branch or by Congress;\n ``(2) conduct investigations of alleged misconduct in the \n United States Supreme Court that may require oversight or other \n action within the judicial branch or by Congress;\n ``(3) conduct and supervise audits and investigations;\n ``(4) prevent and detect waste, fraud, and abuse; and\n ``(5) recommend changes in laws or regulations governing \n the judicial branch.\n``Sec. 1024. Powers\n ``(a) Powers.--In carrying out the duties of the Office, the \nInspector General shall have the power to--\n ``(1) make investigations and reports;\n ``(2) obtain information or assistance from any Federal, \n State, or local governmental agency, or other entity, or unit \n thereof, including all information kept in the course of \n business by the Judicial Conference of the United States, the \n judicial councils of circuits, the Administrative Office of the \n United States Courts, and the United States Sentencing \n Commission;\n ``(3) require, by subpoena or otherwise, the attendance and \n testimony of such witnesses, and the production of such books, \n records, correspondence, memoranda, papers, and documents, \n which subpoena, in the case of contumacy or refusal to obey, \n shall be enforceable by civil action;\n ``(4) administer to or take from any person an oath, \n affirmation, or affidavit;\n ``(5) employ such officers and employees, subject to the \n provisions of title 5, governing appointments in the \n competitive service, and the provisions of chapter 51 and \n subchapter III of chapter 53 of such title relating to \n classification and General Schedule pay rates;\n ``(6) obtain services as authorized by section 3109 of \n title 5 at daily rates not to exceed the equivalent rate for a \n position at level IV of the Executive Schedule under section \n 5315 of such title; and\n ``(7) the extent and in such amounts as may be provided in \n advance by appropriations Acts, to enter into contracts and \n other arrangements for audits, studies, analyses, and other \n services with public agencies and with private persons, and to \n make such payments as may be necessary to carry out the duties \n of the Office.\n ``(b) Chapter 16 Matters.--The Inspector General shall not commence \nan investigation under section 1023(1) until the denial of a petition \nfor review by the judicial council of the circuit under section 352(c) \nof this title or upon referral or certification to the Judicial \nConference of the United States of any matter under section 354(b) of \nthis title.\n ``(c) Limitation.--The Inspector General shall not have the \nauthority to--\n ``(1) investigate or review any matter that is directly \n related to the merits of a decision or procedural ruling by any \n judge, justice, or court; or\n ``(2) punish or discipline any judge, justice, or court.\n``Sec. 1025. Reports\n ``(a) When To Be Made.--The Inspector General shall--\n ``(1) make an annual report to the Chief Justice and to \n Congress relating to the activities of the Office; and\n ``(2) make prompt reports to the Chief Justice and to \n Congress on matters that may require action by the Chief \n Justice or Congress.\n ``(b) Sensitive Matter.--If a report contains sensitive matter, the \nInspector General may so indicate and Congress may receive that report \nin closed session.\n ``(c) Duty To Inform Attorney General.--In carrying out the duties \nof the Office, the Inspector General shall report expeditiously to the \nAttorney General whenever the Inspector General has reasonable grounds \nto believe there has been a violation of Federal criminal law.\n``Sec. 1026. Whistleblower protection\n ``(a) In General.--No officer, employee, agent, contractor, or \nsubcontractor in the judicial branch may discharge, demote, threaten, \nsuspend, harass, or in any other manner discriminate against an \nemployee in the terms and conditions of employment because of any \nlawful act done by the employee to provide information, cause \ninformation to be provided, or otherwise assist in an investigation \nregarding any possible violation of Federal law or regulation, or \nmisconduct, by a judge, justice, or any other employee in the judicial \nbranch, which may assist the Inspector General in the performance of \nduties under this chapter.\n ``(b) Civil Action.--An employee injured by a violation of \nsubsection (a) may, in a civil action, obtain appropriate relief.''.\n (b) Technical and Conforming Amendment.--The table of chapters for \npart III of title 28, United States Code, is amended by adding at the \nend the following:\n\n``60. Inspector General for the judicial branch............ 1021''.","summary":"Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court, to conduct and supervise audits and investigations, and to prevent and detect waste, fraud, and abuse.","title":"Judicial Transparency and Ethics Enhancement Act of 2017","text_len":6794,"sum_len":358} {"bill_id":"106_hr4722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Defense Privatization \nand Outsourcing Moratorium Act''.\n\nSEC. 2. MORATORIUM ON PRIVATIZATION AND OUTSOURCING OF DEPARTMENT OF \n DEFENSE FUNCTIONS.\n\n (a) Findings.--Congress finds the following:\n (1) There is conflicting evidence that the current \n privatization and outsourcing efforts of the Department of \n Defense, including the Departments of the Army, Navy, and Air \n Force, are reducing the cost of support functions within the \n Department.\n (2) Typically, these privatization and outsourcing efforts \n result in contractors simply replacing civilian employees of \n the Department at lower initial costs, but higher longer-term \n costs, while stagnating organizational improvements that would \n otherwise result in greater efficiencies and effectiveness.\n (3) Recent and current privatization and outsourcing \n efforts in some cases appear to have created serious oversight \n and accountability problems for the Department.\n (4) The Department, as a general practice, has adjusted the \n operating budgets of the Armed Forces and specific military \n installations to reflect savings anticipated as a result of \n Office of Management and Budget Circular A-76 studies and \n subsequent privatization and outsourcing activities.\n (5) The massive drawdowns in the size of the Armed Forces \n during the 1990's and the restructuring of military \n installations through the base closure process have created a \n climate in which making accurate decisions concerning \n privatization and outsourcing are further complicated due to \n the dynamic nature of the civilian workforce of the Department.\n (6) The Department should pursue alternatives to the \n privatization and outsourcing approach conducted under the A-76 \n process, such as ``Strategic Sourcing'', to find its most \n efficient organization to perform commercial or industrial type \n functions.\n (b) Moratorium.--(1) Chapter 146 of title 10, United States Code, \nis amended by adding at the end the following new section:\n``Sec. 2475. Moratorium on privatization and outsourcing\n ``(a) Moratorium.--(1) During the period specified in subsection \n(b), any commercial or industrial type function of the Department of \nDefense that, as of the date of the enactment of this section, is being \nperformed by Department of Defense civilian employees may not be \nchanged to performance by the private sector.\n ``(2) The moratorium applies to a function even though, as of the \ndate of the enactment of this section, the function--\n ``(A) is the subject of a study or report under section \n 2461 of this title for conversion to contractor performance; or\n ``(B) is being considered for such conversion under the \n procedures and requirements of Office of Management and Budget \n Circular A-76.\n ``(3) As part of the moratorium, the Secretary of Defense shall \norder the suspension of any study being conducted under section 2461 of \nthis title or Office of Management and Budget Circular A-76 regarding a \ncommercial or industrial type function of the Department. New studies \nregarding such a function at a military installation may not be \ncommenced under such section or circular during the period of the \nmoratorium.\n ``(b) Duration of Moratorium.--The moratorium imposed under \nsubsection (a) begins on the date of the enactment of this section and \nshall continue until the end of the five-year period beginning on the \ndate the Secretary of Defense certifies to Congress that all actions \nnecessary to carry out the 1995 round of base closures and realignments \nhave been completed under the Defense Base Closure and Realignment Act \nof 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 \nnote).\n ``(c) Exception.--The moratorium imposed under subsection (a) does \nnot apply to a commercial or industrial type function of the Department \nof Defense that is being converted, or is being considered for \nconversion, to performance by the private sector under a Strategic \nSourcing or Business Process and Re-engineering plan of the Department.\n ``(d) Report Evaluating Conversion to Contractor Performance.--(1) \nNot later than 18 months after the date of the enactment of this \nsection, the Secretary of Defense shall submit to Congress a report \nevaluating--\n ``(A) each conversion of a commercial or industrial type \n function of the Department of Defense to contractor performance \n that was carried out, in whole or in part, since October 1, \n 1996; and\n ``(B) each commercial or industrial type function of the \n Department that was considered, since that date, for conversion \n to contractor performance under section 2461 of this title or \n Office of Management and Budget Circular A-76, but that was not \n converted.\n ``(2) At a minimum, the report shall contain the following \ninformation for each function covered by the report:\n ``(A) The code, title, and actual functions performed by \n civilian employees of the Department.\n ``(B) The cost to study the function for possible \n conversion.\n ``(C) The number of civilian employees affected.\n ``(D) The personnel cost of the conversion, including costs \n resulting from reduction in force, retirement, retraining and \n other movement and separation costs.\n ``(E) The cost and identity of materials, equipment and \n facilities provided contractors in conversion to contractor \n performance.\n ``(F) The cost of the initial contract, the number of \n employees expected to perform the function, and variants in \n each thereafter.\n ``(3) The report shall also contain the following aggregate \ninformation for the functions covered by the report:\n ``(A) The average annual costs or savings associated with \n all Department conversions to contractor performance.\n ``(B) The overall average annual costs or savings resulting \n from efficiencies achieved in Department functions described in \n paragraph (1)(B).\n ``(e) Effect of Moratorium on Operating Budgets.--On account of the \nmoratorium imposed under subsection (a), the Secretary of Defense shall \nprovide for an adjustment in the operating budgets of the armed forces \nand military installations to compensate for the fact that the \noperating budgets of the armed forces and many military installations \nwere reduced, before the start of the moratorium, to reflect future \nsavings anticipated as a result of completing the A-76 competitive \nstudy process and converting to contractor performance those commercial \nand industrial type functions of the Department of Defense that are now \nsubject to the moratorium.''.\n (2) The table of sections at the beginning of such chapter is \namended by adding at the end the following new item:\n\n``2475. Moratorium on privatization and outsourcing.''.","summary":"Requires the Secretary to report to Congress evaluating: (1) each conversion that was carried out since October 1, 1996. And (2) each function that was considered for conversion since such date, but not converted. Directs the Secretary, on account of such moratorium, to provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that such budgets were previously reduced to reflect savings anticipated from the conversion of such functions to private sector performance.","title":"Department of Defense Privatization and Outsourcing Moratorium Act","text_len":7297,"sum_len":537} {"bill_id":"103_hr4734","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade and Environment Reporting Act \nof 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The United States promotes efforts to prevent harm to \n the environment generally, including fish, wildlife, endangered \n species, and other natural resources, and to encourage \n sustainable development.\n (2) Free trade agreements and other major trade actions may \n have significant effects, positive and negative, on \n environmental resources.\n (3) Those effects may be within or outside of the \n territorial jurisdiction of the United States.\n (4) The interaction between increased liberalized trade and \n the environment is a complex and little understood issue.\n (5) Free trade agreements and other major trade actions \n have traditionally been excluded from any environmental \n assessment or monitoring requirements.\n (6) As part of its responsibilities under the Constitution \n to regulate commerce with foreign nations, the Congress \n considers legislation to grant negotiating authority to the \n President for free trade agreements, and legislation to \n implement those agreements.\n (7) The Congress and the public should be apprised of the \n environmental effects of free trade agreements and other major \n trade actions.\n (8) The environmental effects of free trade agreements and \n other major trade actions should be identified and considered \n by the President before entering into such actions.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Environmental resources.--The term ``environmental \n resources'' means the environment generally, including fish, \n wildlife, endangered species, and other natural resources.\n (2) Free trade agreement.--The term ``free trade \n agreement'' means an agreement between the United States and \n another nation or nations--\n (A) the purpose of which is to regulate or \n liberalize trade between the United States and such \n nation or nations;\n (B) which has been signed by the President; and\n (C) which requires implementing legislation.\n (3) Major trade action.--\n (A) Generally.--The term ``major trade action''--\n (i) means any trade action which may have \n effects on an environmental resource; and\n (ii) includes any free trade agreement.\n (B) Regulations.--The United States Trade \n Representative, in consultation with the Administrator \n of the Environmental Protection Agency, the \n Administrator of the National Oceanic and Atmospheric \n Administration, and the Secretary of the Interior, \n shall issue regulations which describe trade actions \n which are major trade actions under this paragraph.\n\nSEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS \n OF FREE TRADE AGREEMENTS.\n\n (a) Consultation.--\n (1) Requirement.--Before entering into negotiations for any \n free trade agreement or other major trade action, the United \n States Trade Representative shall consult, in accordance with \n the procedures established under paragraph (2), with the \n Congress, appropriate advisory committees established under the \n Trade Act of 1974, including the Trade and Environment Policy \n Advisory Committee, Federal agencies, environmental \n organizations, and other interested persons, for the purpose \n of--\n (A) identifying environmental resources that may be \n affected by the free trade agreement or other major \n trade action; and\n (B) in the case of a negotiation for a free trade \n agreement, determining the scope of the environmental \n assessment required under subsection (b).\n (2) Procedures.--Not later than 90 days after the date of \n the enactment of this Act, the United States Trade \n Representative, in consultation with the Council on \n Environmental Quality and after publication of notice and an \n opportunity for public comment, shall issue regulations which \n establish procedures for consultations under this subsection, \n including a requirement for publication of notice and an \n opportunity for public comment on the subject matter of the \n consultations.\n (b) Environmental Assessments.--\n (1) In general.--The United States Trade Representative, in \n consultation with the Administrator of the Environmental \n Protection Agency, the Administrator of the National Oceanic \n and Atmospheric Administration, the Secretary of the Interior, \n and the Council on Environmental Quality, shall prepare an \n environmental assessment for each free trade agreement.\n (2) Contents of assessments.--Each environmental assessment \n shall include--\n (A) identification of the potential effects of the \n free trade agreement on environmental resources;\n (B) the environmental resources protection laws of \n the United States that may be affected by the free \n trade agreement;\n (C) measures to supplement the free trade agreement \n that would minimize adverse effects identified under \n subparagraph (A); and\n (D) a detailed summary of the manner in which the \n results of consultations under subsection (a) with \n respect to the free trade agreement were taken into \n consideration in accordance with section 5.\n (3) Submission to congress.--The United States Trade \n Representative shall submit to the Congress the environmental \n assessment prepared for a free trade agreement--\n (A) after the free trade agreement is signed by the \n President; and\n (B) at least 60 days before the President transmits \n legislation to implement the free trade agreement to \n the Congress.\n (4) Public availability.--The United States Trade \n Representative shall--\n (A) make each environmental assessment under this \n subsection publicly available on and after the date it \n is submitted to the Congress under paragraph (3); and\n (B) publish notice of that availability in the \n Federal Register.\n\nSEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS.\n\n The United States Trade Representative shall--\n (1) consider the results of all consultations under section \n 4(a) with respect to a major trade action before formulating \n any negotiating position for the major trade action; and\n (2) review each such negotiating position and determine its \n compatibility with the laws of the United States that protect \n environmental resources or encourage sustainable development.\n\nSEC. 6. MONITORING AND REPORTING.\n\n (a) Monitoring.--\n (1) Effects on united states.--The Council on Environmental \n Quality, in consultation with the Administrator of the \n Environmental Protection Agency, the Secretary of the Interior, \n the Administrator of the National Oceanic and Atmospheric \n Administration, and the United States Trade Representative, \n shall monitor the effects of major trade actions on \n environmental resources within the territorial jurisdiction of \n the United States.\n (2) Effects on other nations.--The Council on Environmental \n Quality, in consideration with the officials referred to in \n paragraph (1) and the Secretary of State, shall cooperate with \n other nations to monitor and determine, to the extent \n practicable, the effects of major trade actions on \n environmental resources outside the territorial jurisdiction of \n the United States.\n (3) Report.--The Council on Environmental Quality shall \n report to the Congress every 3 years on the results of the \n monitoring required under this section.\n (b) Obligations Under Section 5.--The United States Trade \nRepresentative shall report to the Congress each year on the manner in \nwhich he or she has complied with section 5.","summary":"Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions. And (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. Directs the USTR to prepare an environmental assessment for each free trade agreement. Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action. And (2) review such negotiating position and determine its compatibility with US laws that protect environmental resources or encourage sustainable development. Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States. And (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.","title":"Trade and Environment Reporting Act of 1994","text_len":8926,"sum_len":1510} {"bill_id":"110_s3426","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Service Overseas Pay Equity \nAct of 2008''.\n\nSEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.\n\n (a) Overseas Comparability Pay Adjustment.--\n (1) In general.--Chapter 4 of the Foreign Service Act of \n 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end \n the following:\n\n``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.\n\n ``(a) In General.--A member of the Service who is designated class \n1 or below for purposes of section 403 and whose official duty station \nis not in the continental United States or in a nonforeign area shall \nreceive, in accordance with the phase-in schedule set forth in \nsubsection (c), the same locality-based comparability payment under \nsection 5304 of title 5, United States Code (stated as a percentage) as \nwould be payable to such member if such member's official duty station \nwere in the District of Columbia.\n ``(b) Treatment as Basic Pay.--The amount of any locality-based \ncomparability payment which is payable to a member of the Service under \nthis section--\n ``(1) shall be considered a part of the basic pay of such \n member for the purposes described in--\n ``(A) section 5304(c)(2)(A) of title 5, United \n States Code; and\n ``(B) chapter 8 of this Act; and\n ``(2) shall be subject to any limitations on pay applicable \n to locality-based comparability payments under section 5304 of \n such title.\n ``(c) Phase-In.--The locality-based comparability payment payable \nto a member of the Service under this section shall be equal to--\n ``(1) 33.33 percent of the payment which would otherwise \n apply under subsection (a) during the period beginning on the \n first day of the first pay period beginning on or after the \n earlier of April 1, 2009, or the date on which appropriations \n for fiscal year 2009 are made available pursuant to the \n enactment of the Department of State, Foreign Operations, and \n Related Programs Appropriations Act, 2009, and ending on the \n last day of the last pay period in fiscal year 2009;\n ``(2) 66.67 percent of the payment which would otherwise \n apply under subsection (a) during the period beginning on the \n first day of the first pay period in fiscal year 2010 and \n ending on the last day of the last pay period in fiscal year \n 2010; and\n ``(3) 100 percent of the payment determined under \n subsection (a), beginning on the first day of the first pay \n period in fiscal year 2011.\n ``(d) Nonforeign Area Defined.--As used in this section, the term \n`nonforeign area' means 1 of the areas listed in section 591.205 of \ntitle 5, Code of Federal Regulations.''.\n (2) Conforming amendment.--The table of contents under \n section 2 of the Foreign Service Act of 1980 is amended by \n inserting after the item relating to section 414 the following:\n\n``Sec. 415. Overseas comparability pay adjustment.''.\n (b) Conforming Amendments Relating to the Foreign Service \nRetirement Systems.--\n (1) Contributions to the fund.--\n (A) In general.--Section 805(a) of the Foreign \n Service Act of 1980 (22 U.S.C. 4045(a)) is amended--\n (i) in paragraph (1)--\n (I) by striking ``7.25 percent'' \n and inserting ``7 percent''; and\n (II) by striking ``The contribution \n by the employing agency'' and all that \n follows through ``and shall be made'' \n and inserting ``An equal amount shall \n be contributed by the employing \n agency'';\n (ii) in paragraph (2)--\n (I) in subparagraph (A), by \n striking ``, plus an amount equal to \n .25 percent of basic pay''; and\n (II) in subparagraph (B), by \n striking ``, plus an amount equal to \n .25 percent of basic pay''; and\n (iii) in paragraph (3), by striking ``, \n plus .25 percent''.\n (B) Effective date.--The amendments made by \n subparagraph (A) shall take effect on the first day of \n the first pay period beginning on or after October 1, \n 2010.\n (2) Computation of annuities.--Section 806(a)(9) of the \n Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended \n by striking ``is outside the continental United States shall'' \n and inserting ``was outside the continental United States \n during the period beginning on December 29, 2002, and ending on \n the day before the first day of the first pay period beginning \n on or after October 1, 2010 (or during any portion of such \n period) shall, to the extent that such computation is based on \n the basic salary or basic pay of such member for such period \n (or portion of such period),''.\n (3) Entitlement to annuity.--Section 855(a)(3) of the \n Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is \n amended--\n (A) by striking ``section 8414'' and inserting \n ``section 8415''; and\n (B) by striking ``is outside the continental United \n States shall'' and inserting ``was outside the \n continental United States during the period beginning \n on December 29, 2002, and ending on the day before the \n first day of the first pay period beginning on or after \n October 1, 2010 (or during any portion of such period) \n shall, to the extent that such computation is based on \n the basic salary or basic pay of such member for such \n period (or portion of such period),''.\n (4) Deductions and withholdings from pay.--Section \n 856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to \n read as follows:\n ``(2) The applicable percentage under this subsection shall \n be as follows:\n\n \n ``Percentage Time Period\n \n 7.5 Before January 1, 1999.\n 7.75 January 1, 1999, to December 31, 1999.\n 7.9 January 1, 2000, to December 31, 2000.\n 7.55 January 11, 2003, to the day before the first day of\n the first pay period beginning on or after October\n 1, 2010.\n 7.5 Beginning on the first day of the first pay period\n beginning on or after October 1, 2010.''.\n \n\n (c) Reporting Requirement.--Not later than October 1, 2010, the \nSecretary of State shall submit a report to the Committee on Foreign \nRelations of the Senate, the Committee on Homeland Security and \nGovernmental Affairs of the Senate, the Committee on Foreign Affairs of \nthe House of Representatives, and the Committee on Oversight and \nGovernment Reform of the House of Representatives that includes--\n (1) an assessment of all allowances provided to members of \n the Foreign Service under the Foreign Service Act of 1980 or \n under title 5, United States Code; and\n (2) an explanation of how such allowances have been or will \n be affected by the amendments to the Foreign Service Act of \n 1980 made under this Act.\n\nSEC. 3. DEATH GRATUITY.\n\n Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. \n3973(a)) is amended by striking ``at the time of death'' and inserting \n``at level II of the Executive Schedule under section 5313 of title 5, \nUnited States Code, at the time of death. If the deceased employee was \ncompensated under a local compensation plan established under section \n408, the amount of such gratuity shall be equal to the greater of 1 \nyear's salary at the time of death or 1 year's salary at the highest \nstep of the highest grade on the local compensation plan from which the \nemployee was being paid at the time of death''.\n ","summary":"Foreign Service Overseas Pay Equity Act of 2008 - Amends the Foreign Service Act of 1980 to: (1) extend comparability pay adjustments to Foreign Service members assigned abroad. And (2) amend the death gratuity computation payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.","title":"A bill to amend the Foreign Service Act of 1980 to extend comparability pay adjustments to members of the Foreign Service assigned to posts abroad, and to amend the provision relating to the death gratuity payable to surviving dependents on Foreign Service employees who die as a result of injuries sustained in the performance of duty abroad.","text_len":9331,"sum_len":350} {"bill_id":"104_hr864","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Farm Protection Act of \n1995''.\n\nSEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.\n\n (a) Estate Tax With Respect to Land Subject to a Qualified \nConservation Easement.--Section 2031 of the Internal Revenue Code of \n1986 (relating to the definition of gross estate) is amended by \nredesignating subsection (c) as subsection (d) and by inserting after \nsubsection (b) the following new subsection:\n ``(c) Estate Tax With Respect to Land Subject to a Qualified \nConservation Easement.--\n ``(1) In general.--If the executor makes the election \n described in paragraph (3), then, except as otherwise provided \n in this subsection, there shall be excluded from the gross \n estate the value of land subject to a qualified conservation \n easement (reduced by the amount of any indebtedness to which \n such land is subject).\n ``(2) Treatment of Retained Development Right.--\n ``(A) In general.--Paragraph (1) shall not apply to \n the value of any development right retained by the \n donor in the conveyance of a qualified conservation \n easement. The tax imposed by section 2001 (if any) \n attributable to any development right so retained shall \n be imposed only upon the disposition of such property. \n The tax so imposed shall be due and payable by the \n person so disposing of such property on the 15th day of \n the 4th month following the calendar year in which such \n disposition occurs.\n ``(B) Definitions.--For purposes of this \n paragraph--\n ``(i) Disposition.--The term `disposition' \n shall not include any gift or devise.\n ``(ii) Development right.--The term \n `development right' means the right to \n establish or use any structure and the land \n immediately surrounding it for sale, rent, or \n any other commercial purpose which is not \n subordinate to and directly supportive of--\n ``(I) the conservation purpose \n identified in the easement, or\n ``(II) the activity of farming, \n forestry, ranching, horticulture, \n viticulture, or recreation (whether or \n not for profit) conducted on land \n subject to the easement in which such \n right is retained.\n ``(3) Election.--The election under this subsection shall \n be made on the return of the tax imposed by section 2001. Such \n an election, once made, shall be irrevocable.\n ``(4) Calculation and notice of potential estate tax due.--\n An executor making the election described in paragraph (3) \n shall compute the amount of tax imposed by section 2001 upon \n any development right (as defined in paragraph (2)) retained by \n the donor in the conveyance of such qualified conservation \n easement and include such computation with the return of the \n tax imposed by section 2001. The executor shall also file a \n `Notice of Potential Estate Tax Due' in the place or places \n where deeds are put to public record for the locality in which \n the land subject to such qualified conservation easement is \n located. The report of the computation of tax on any retained \n development right and the filing of the notice prescribed in \n this paragraph shall be done in such manner and on such forms \n as the Secretary shall prescribe.\n ``(5) Definitions.--For purposes of this subsection--\n ``(A) Land subject to a qualified conservation \n easement.--The term `land subject to a qualified \n conservation easement' means land--\n ``(i) which is located in or within 50 \n miles of an area which, on the date of the \n decedent's death, is--\n ``(I) a metropolitan area (as \n defined by the Office of Management and \n Budget), or\n ``(II) a National Park (unless it \n is determined by the Secretary that \n land in or within 50 miles of such a \n Park is not under significant \n development pressure),\n ``(ii) which was owned by the decedent or a \n member of the decedent's family at all times \n during the 3-year period ending on the date of \n the decedent's death, and\n ``(iii) with respect to which a qualified \n conservation easement is or has been made by \n the decedent or a member of the decedent's \n family.\n ``(B) Qualified conservation easement.--The term \n `qualified conservation easement' means a qualified \n conservation contribution (as defined in section \n 170(h)(1)) of a qualified real property interest (as \n defined in section 170(h)(2)(C)). Clause (iv) of \n section 170(h)(4)(A) shall not apply for purposes of \n the preceding sentence.\n ``(C) Member of family.--The term `member of the \n decedent's family' means any member of the family (as \n defined in section 2032A(e)(2)) of the decedent.''\n (b) Carryover Basis.--Section 1014(a) of such Code (relating to \nbasis of property acquired from a decedent) is amended by striking the \nperiod at the end of paragraph (3) and inserting ``, or'' and by adding \nafter paragraph (3) the following new paragraph:\n ``(4) to the extent of the applicability of the exclusion \n described in section 2031(c), the basis in the hands of the \n decedent.''\n (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying after December 31, 1994.\n\nSEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.\n\n (a) Gift Tax With Respect to Land Subject to a Qualified \nConservation Easement.--Section 2503 of the Internal Revenue Code of \n1986 (relating to taxable gifts) is amended by adding at the end the \nfollowing new subsection:\n ``(h) Gift Tax With Respect to Land Subject to a Qualified \nConservation Easement.--The transfer by gift of land subject to a \nqualified conservation easement shall not be treated as a transfer of \nproperty by gift for purposes of this chapter. For purposes of this \nsubsection, the term `land subject to a qualified conservation \neasement' has the meaning given to such term by section 2031(c); except \nthat references to the decedent shall be treated as references to the \ndonor and references to the date of the decedent's death shall be \ntreated as references to the date of the transfer by the donor.''\n (b) Effective Date.--The amendment made by this section shall apply \nto gifts made after December 31, 1994.\n\nSEC. 4. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION.\n\n (a) Qualified Conservation Contribution Is Not a Disposition.--\nSubsection (c) of section 2032A of the Internal Revenue Code of 1986 \n(relating to alternative valuation method) is amended by adding at the \nend the following new paragraphs:\n ``(8) Qualified conservation contribution is not a \n disposition.--A qualified conservation contribution (as defined \n in section 170(h)) by gift or otherwise shall not be deemed a \n disposition under subsection (c)(1)(A).\n ``(9) Exception for real property is land subject to a \n qualified conservation easement.--If qualified real property is \n land subject to a qualified conservation easement (as defined \n in section 2031(c)), the preceding paragraphs of this \n subsection shall not apply.''\n (b) Land Subject to a Qualified Conservation Easement Is Not \nDisqualified.--Subsection (b) of section 2032A of such Code (relating \nto alternative valuation method) is amended by adding at the end the \nfollowing paragraph:\n ``(E) If property is otherwise qualified real \n property, the fact that it is land subject to a \n qualified conservation easement (as defined in section \n 2031(c)) shall not disqualify it under this section.''\n (c) Effective Date.--The amendments made by this section shall \napply with respect to contributions made, and easements granted, after \nDecember 31, 1994.","summary":"American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement . Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition. And (2) land subject to a conservation easement is not disqualified.","title":"American Farm Protection Act of 1995","text_len":9231,"sum_len":768} {"bill_id":"105_hr3048","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Digital Era Copyright Enhancement \nAct''.\n\nSEC. 2. FAIR USE.\n\n (a) Transmissions.--The first sentence of section 107 of title 17, \nUnited States Code, is amended by inserting after ``or by any other \nmeans specified in that section,'' the following: ``and by analog or \ndigital transmission,''; and\n (b) Determination.--Section 107 of title 17, United States Code, is \namended by adding at the end thereof the following:\n``In making a determination concerning fair use, no independent weight \nshall be afforded to--\n ``(1) the means by which the work has been performed, \n displayed or distributed under the authority of the copyright \n owner; or\n ``(2) the application of an effective technological measure \n (as defined under section 1201(c)) to the work.''.\n\nSEC. 3. LIBRARY\/ARCHIVE EXEMPTIONS.\n\n Section 108 of title 17, United States Code, is amended--\n (1) by striking ``Notwithstanding'' at the beginning of \n subsection (a) and inserting: ``Except as otherwise provided \n and notwithstanding'';\n (2) by inserting after ``copyright'' in subsection (a)(3): \n ``if such notice appears on the copy or phonorecord that is \n reproduced under the provisions of this section'';\n (3) in subsection (b) by--\n (A) deleting ``a copy or phonorecord'' and \n inserting in lieu thereof: ``three copies or \n phonorecords''; and\n (B) deleting ``in facsimile form''; and\n (4) in subsection (c) by--\n (A) deleting ``a copy or phonorecord'' and \n inserting in lieu thereof: ``three copies or \n phonorecords'';\n (B) deleting ``in facsimile form''; and\n (C) inserting ``or if the existing format in which \n the work is stored has become obsolete,'' after \n ``stolen,''.\n\nSEC. 4. FIRST SALE.\n\n Section 109 of title 17, United States Code, is amended by adding \nthe following new subsection at the end thereof:\n ``(f) The authorization for use set forth in subsection (a) applies \nwhere the owner of a particular copy or phonorecord in a digital format \nlawfully made under this title, or any person authorized by such owner, \nperforms, displays or distributes the work by means of transmission to \na single recipient, if that person erases or destroys his or her copy \nor phonorecord at substantially the same time. The reproduction of the \nwork, to the extent necessary for such performance, display, \ndistribution, is not an infringement.''.\n\nSEC. 5. DISTANCE LEARNING.\n\n (a) Title Change.--The title of section 110 of title 17, United \nStates Code, is amended to read as follows:\n``Sec. 110. Limitations on exclusive rights: Exemption of certain \n activities'';\n (b) Performance, Display and Distribution of a Work.--Section \n110(2) of title 17, United States Code, is amended to read as follows:\n ``(2) performance, display or distribution of a work, by or \n in the course of an analog or digital transmission, if--\n ``(A) the performance, display or distribution is a \n regular part of the systematic instructional activities \n of a governmental body or a nonprofit educational \n institution;\n ``(B) the performance, display or distribution is \n directly related and of material assistance to the \n teaching content of the transmission; and\n ``(C) the work is provided for reception by--\n ``(i) students officially enrolled in the \n course in connection with which it is provided; \n or\n ``(ii) officers or employees of \n governmental bodies as part of their official \n duties or employment;''\n (c) Ephemeral Recordings of Works.--Section 112(b) of title 17, \nUnited States Code, is amended by deleting ``transmit a performance or \ndisplay of'' and inserting in lieu thereof: ``perform, display or \ndistribute''.\n\nSEC. 6. LIMITATIONS ON EXCLUSIVE RIGHTS.\n\n (a) Title.--The title of section 117 of title 17, United States \nCode, is amended to read as follows:\n``Sec. Limitations on exclusive rights: Computer programs and digital \n copies'';\n (b) Digital Copies.--Section 117 of title 17, United States Code, \nis amended by inserting ``(a)'' before ``Notwithstanding'' and \ninserting the following as a new subsection (b):\n ``(b) Notwithstanding the provisions of section 106, it is not an \ninfringement to make a copy of a work in a digital format if such \ncopying--\n ``(1) is incidental to the operation of a device in the \n course of the use of a work otherwise lawful under this title; \n and\n ``(2) does not conflict with the normal exploitation of the \n work and does not unreasonably prejudice the legitimate \n interests of the author.''.\n\nSEC. 7. PREEMPTION.\n\n Section 301(a) of title 17, United States Code, is amended by \ninserting the following at the end thereof:\n``When a work is distributed to the public subject to non-negotiable \nlicense terms, such terms shall not be enforceable under the common law \nor statutes of any state to the extent that they--\n ``(1) limit the reproduction, adaptation, distribution, \n performance, or display, by means of transmission or otherwise, \n of material that is uncopyrightable under section 102(b) or \n otherwise; or\n ``(2) abrogate or restrict the limitations on exclusive \n rights specified in sections 107 through 114 and sections 117 \n and 118 of this title.''.\n\nSEC. 8. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS.\n\n Title 17, United States Code, is amended by adding at the end the \nfollowing new chapter:\n\n ``CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS\n\n``Sec.\n``1201. Circumvention of certain technological measures.\n``1202. Integrity of copyright management information.\n``1203. Civil remedies.\n``Sec. 1201. Circumvention of certain technological measures\n ``(a) Circumvention Conduct.--No person, for the purpose of \nfacilitating or engaging in an act of infringement, shall engage in \nconduct so as knowingly to remove, deactivate or otherwise circumvent \nthe application or operation of any effective technological measure \nused by a copyright owner to preclude or limit reproduction of a work \nor a portion thereof. As used in this subsection, the term `conduct' \ndoes not include manufacturing, importing or distributing a device or a \ncomputer program.\n ``(b) Conduct Governed by Separate Chapter.--Notwithstanding \nsubsection (a), this section shall not apply with respect to conduct or \nthe offer or performance of a service governed by a separate chapter of \nthis title.\n ``(c) Definition of Effective Technological Measure.--As used in \nthis section, the term `effective technological measure' means a change \nin the data comprising a work or a copy of a work transmitted in \ndigital format so as to protect the rights of a copyright owner of such \nwork or portion thereof under this title and which--\n ``(1) encrypts or scrambles the work or a portion thereof \n in the absence of information supplied by the copyright owner; \n or\n ``(2) includes attributes with respect to access or \n recording status that cannot be removed without degrading the \n work or a portion thereof.\n``Sec. 1202. Integrity of copyright management information\n ``(a) False Copyright Management Information.--No person shall \nknowingly provide copyright management information that is false, or \nknowingly publicly distribute or import for distribution copyright \nmanagement information that is false, with intent to induce, \nfacilitate, or conceal infringement.\n ``(b) Removal or Alteration of Copyright Management Information.--\nNo person shall, without authority of the copyright owner or other \nlawful authority, knowingly and with intent to mislead or to induce or \nfacilitate infringement--\n ``(1) remove or alter any copyright management information;\n ``(2) publicly distribute or import for distribution a copy \n or phonorecord containing copyright management information that \n has been altered without authority of the copyright owner or \n other lawful authority; or\n ``(3) publicly distribute or import for distribution a copy \n or phonorecord from which copyright management information has \n been removed without authority of the copyright owner or other \n lawful authority: Provided, That the conduct governed by this \n subsection does not include the manufacturing, importing or \n distributing of a device.\n ``(c) Definition of Copyright Management Information.--As used in \nthis chapter, the term `copyright management information' means the \nfollowing information in electronic form as carried in or as data \naccompanying a copy or phonorecord of a work, including in digital \nform:\n ``(1) The title and other information identifying the work, \n including the information set forth in a notice of copyright;\n ``(2) The name and other identifying information of the \n author of the work;\n ``(3) The name and other identifying information of the \n copyright owner of the work, including the information set \n forth in a notice of copyright;\n ``(4) Terms and conditions for uses of the work;\n ``(5) Identifying numbers or symbols referring to such \n information or links to such information; and\n ``(6) Such other identifying information concerning the \n work as the Register of Copyrights may prescribe by regulation:\nProvided, That the term `copyright management information' does not \ninclude the information described in section 1002, section 1201(c), or \na chapter of this title other than chapters one through nine of this \ntitle: Provided further, That, in order to assure privacy protection, \nthe term `copyright management information' does not include any \npersonally identifiable information relating to the user of a work, \nincluding but not limited to the name, account, address or other \ncontact information of or pertaining to the user.\n``Sec. 1203. Civil remedies\n ``(a) Civil Actions.--Any person aggrieved by a violation of \nsection 1201(a) or 1202 may bring a civil action in an appropriate \nUnited States district court against any person for such violation.\n ``(b) Powers of the Court.--In an action brought under subsection \n(a), the court--\n ``(1) may grant a temporary and a permanent injunction on \n such terms as it deems reasonable to prevent or restrain a \n violation;\n ``(2) may grant such other equitable relief as it deems \n appropriate;\n ``(3) may award damages pursuant to subsection (c);\n ``(4) may allow the recovery of costs by or against any \n party other than the United States or an officer thereof; and\n ``(5) may award a reasonable attorney's fee to the \n prevailing party.\n ``(c) Award of Damages.--\n ``(1) In general.--If the court finds that a violation of \n section 1201(a) or 1202 has occurred, the complaining party may \n elect either actual damages as computed under paragraph (2) or \n statutory damages as computed under paragraph (3).\n ``(2) Actual damages.--The court may award to the \n complaining party the actual damages suffered by him or her as \n a result of the violation, and any profits of the violator that \n are attributable to the violation and are not taken into \n account in computing the actual damages, if the complaining \n party elects such damages instead of statutory damages at any \n time before final judgment is entered.\n ``(3) Statutory damages.--(A) The court may award to the \n complaining party statutory damages for each violation of \n section 1201(a) of not less than $250 or more than $2,500, as \n the court considers just, if the complaining party elects such \n damages instead of actual damages at any time before final \n judgment is entered.\n ``(B) The court may award to the complaining party \n statutory damages for each violation of section 1202 of not \n less than $500 or more than $20,000, as the court considers \n just, if the complaining party elects such damages instead of \n actual damages at any time before final judgment is entered.\n ``(4) Repeated violations.--In any case in which the court \n finds that a person has violated section 1201(a) or 1202 within \n three years after a final judgment against that person for \n another such violation was entered, the court may increase the \n award of damaages to not more than double the amount that would \n otherwise be awarded under paragraph (2) or (3), as the court \n considers just.\n ``(5) Innocent violation.--The court may reduce or remit \n altogether the total award of damages that otherwise would be \n awarded under paragraph (2) or (3) in any case in which the \n violator sustains the burden of proving, and the court finds, \n that the violator was not aware and had no reason to believe \n that its acts constituted a violation of section 1201(a) or \n 1202.''.\n\nSEC. 9. CONFORMING AMENDMENTS.\n\n ``(a) Table of Sections.--The table of sections for chapter 1 of \ntitle 17, United States Code, is amended by--\n (1) Revising the item relating to section 110 to read as \n follows:\n\n``110. Limitations on exclusive rights: Exemption of certain \n activities'';\n and\n (2) Revising the item relating to section 117 to read as \n follows:\n\n``117. Limitations on exclusive rights: computer programs and digital \n copies''.\n ``(b) Table of Chapters.--The table of chapters for title 17, \nUnited States Code, is amended by adding at the end the following:\n\n ``12. Copyright Protection and Management Systems...... 1201''.\n\nSEC. 10. EFFECTIVE DATES.\n\n ``(a) In General.--Sections one through seven and section 9(a) of \nthis Act, and the amendments made by sections one through seven and \nsection 9(a) of this Act, shall take effect on the date of enactment of \nthis Act.\n ``(b) WIPO Treaties.--Section 8 and section 9(b) of this Act, and \nthe amendments made by section 8 and section 9(b) of this Act, shall \ntake effect on the date on which both the World Intellectual Property \nOrganization Copyright Treaty and the World Intellectual Property \nOrganization Performances and Phonograms Treaty have entered into force \nwith respect to the United States.","summary":"Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities. And (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material. Or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines copyright management information as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.","title":"Digital Era Copyright Enhancement Act","text_len":15243,"sum_len":2202} {"bill_id":"109_s1251","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rocky Flats Environmental Technology \nSite Act of 2005''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Covenant not to sue.--The term ``covenant not to sue'' \n means--\n (A) a covenant not to sue under section 122(f) of \n the Comprehensive Environmental Response, Compensation, \n and Liability Act of 1980 (42 U.S.C. 9622(f)); and\n (B) any similar covenant by the State of Colorado.\n (2) Essential mineral right.--\n (A) In general.--The term ``essential mineral \n right'' means a right to a mineral identified as \n necessary to transition Rocky Flats to a National \n Wildlife Refuge by--\n (i) the Secretary; and\n (ii) the Secretary of the Interior.\n (B) Inclusion.--The term ``essential mineral \n right'' may include a right to a mineral referred to in \n section VIII(A) of the draft memorandum of \n understanding between the Department of the Interior \n and the Department of Energy, dated March 22, 2005 (70 \n Fed. Reg. 14455).\n (3) Fair market value.--The term ``fair market value'' \n means the value of a mineral right, as determined by an \n appraisal performed by an independent, certified mineral \n appraiser under the Uniform Standards of Professional Appraisal \n Practice.\n (4) Natural resource damage liability.--The term ``natural \n resource damage liability'' means natural resource damage \n liability under section 107(a)(4)(C) of the Comprehensive \n Environmental Response, Compensation, and Liability Act of 1980 \n (42 U.S.C. 9607(a)(4)(C)).\n (5) Rocky flats.--The term ``Rocky Flats'' means the \n Department of Energy facility in the State of Colorado known as \n the ``Rocky Flats Environmental Technology Site''.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (7) Trustees.--The term ``Trustees'' means the Federal and \n State officials designated as trustees under section 107(f)(2) \n of the Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9607(f)(2)).\n\nSEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.\n\n (a) Purchase of Essential Mineral Rights.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary shall use amounts made \n available under subsection (b) to purchase essential mineral \n rights at Rocky Flats.\n (2) Conditions.--The Secretary shall not purchase an \n essential mineral right under paragraph (1) unless--\n (A) the owner of the essential mineral right is a \n willing seller;\n (B) the Secretary purchases the essential mineral \n right at fair market value; and\n (C)(i) the Trustees enter into a natural resources \n damage settlement providing that the purchase of \n essential mineral rights satisfies any existing or \n potential natural resource damage liability claim \n arising from releases of hazardous substances \n identified in the administrative record for the site as \n of the date of enactment of this Act; and\n (ii) the settlement includes a covenant not to sue.\n (3) Limitation.--The Secretary shall purchase essential \n mineral rights under paragraph (1) and satisfy any obligation \n of the Secretary under a settlement of a natural resource \n damage claim at Rocky Flats under section 122(f) of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made \n available under subsection (b).\n (4) Unwilling sellers.--If an owner of an essential mineral \n right refuses to sell the right to the Secretary at fair market \n value, the Secretary may satisfy any natural resource damage \n liability obligation of the Secretary to the Trustees by paying \n to the Trustees an amount equal to the fair market value of the \n essential mineral right owned by the unwilling seller as part \n of a settlement of a natural resource damage claim under \n section 122(f) of the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)).\n (5) Release from liability.--Notwithstanding any other law, \n any claim for damage to a natural resource under section 107(f) \n of the Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered \n to be satisfied by--\n (A) a purchase by the Secretary of an essential \n mineral right under paragraph (1); or\n (B) a payment by the Secretary to the Trustees \n under paragraph (4).\n (6) Exemption from national environmental policy act.--A \n purchase of an essential mineral right under this subsection \n shall be exempt from the National Environmental Policy Act of \n 1969 (42 U.S.C. 4321 et seq.).\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $10,000,000 for fiscal year \n2006.","summary":"Rocky Flats Environmental Technology Site Act of 2005 - Instructs the Secretary of Energy to purchase essential mineral rights at the Department of Energy facility, Colorado, known as the Rocky Flats Environmental Technology Site. Includes among conditions for such purchase that certain federal and state officials designated as trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of certain hazardous substances. Requires the settlement to include a covenant not to sue.","title":"A bill to authorize the Secretary of Energy to purchase certain essential mineral rights as part of a comprehensive natural resource damage settlement.","text_len":5715,"sum_len":632} {"bill_id":"110_s1526","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bright Idea Act of 2007''.\n\nSEC. 2. TECHNICAL STANDARDS FOR GENERAL SERVICE LAMPS.\n\n (a) In General.--\n (1) Establishment of standards.--As soon as practicable \n after the date of enactment of this Act, the Secretary of \n Energy shall initiate a project to establish technical \n standards for general service lamps.\n (2) Consultation with interested parties.--In carrying out \n the project, the Secretary shall consult with representatives \n of environmental organizations, labor organizations, general \n service lamp manufacturers, consumer organizations, and other \n interested parties.\n (3) Minimum initial standards; deadline.--The initial \n technical standards established shall be standards that enable \n those general service lamps to provide levels of illumination \n equivalent to the levels of illumination provided by general \n service lamps generally available in 2007, but with--\n (A) a lumens per watt rating of not less than 30 by \n calendar year 2013; and\n (B) a lumens per watt rating of not less than 45 by \n calendar year 2018.\n (b) Manufacture and Distribution in Interstate Commerce.--If the \nSecretary of Energy, after consultation with the interested parties \ndescribed in subsection (a)(2), determines that general service lamps \nmeeting the standards established under subsection (a) are generally \navailable for purchase throughout the United States at costs that are \nsubstantially equivalent (taking into account useful life, lifecycle \ncosts, domestic manufacturing capabilities, energy consumption, and \nsuch other factors as the Secretary deems appropriate) to the cost of \nthe general service lamps they would replace, then the Secretary shall \ntake such action as may be necessary to require that at least 95 \npercent of general service lamps sold, offered for sale, or otherwise \nmade available in the United States meet the standards established \nunder subsection (a), except for those general service lamps described \nin subsection (c).\n (c) Exception.--The standards established by the Secretary under \nsubsection (a) shall not apply to general service lamps used in \napplications in which compliance with those standards is not feasible, \nas determined by the Secretary.\n (d) Revised Standards.--After the initial standards are established \nunder subsection (a), the Secretary shall consult periodically with the \ninterested parties described in subsection (a)(2) with respect to \nwhether those standards should be changed. The Secretary may change the \nstandards, and the dates and percentage of lamps to which the changed \nstandards apply under subsection (b), if after such consultation the \nSecretary determines that such changes are appropriate.\n (e) Report.--The Secretary shall submit reports periodically to the \nSenate Committee on Commerce, Science, and Technology, the Senate \nCommittee on Energy and Natural Resources, and the House of \nRepresentatives Committee on Energy and Commerce with respect to the \ndevelopment and promulgation of standards for lamps and lamp-related \ntechnology, such as switches, dimmers, ballast, and non-general service \nlighting, that includes the Secretary's findings and recommendations \nwith respect to such standards.\n\nSEC. 3. RESEARCH AND DEVELOPMENT PROGRAM.\n\n (a) In General.--The Secretary of Energy may carry out a lighting \ntechnology research and development program--\n (1) to support the research, development, demonstration, \n and commercial application of lamps and related technologies \n sold, offered for sale, or otherwise made available in the \n United States; and\n (2) to assist manufacturers of general service lamps in the \n manufacturing of general service lamps that, at a minimum, \n achieve the lumens per watt ratings described in section 2(a).\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $10,000,000 for each of fiscal \nyears 2008 through 2013.\n (c) Sunset.--The program under this section shall terminate on \nSeptember 30, 2015.\n\nSEC. 4. CONSUMER EDUCATION PROGRAM.\n\n (a) In General.--The Secretary of Energy, in consultation with the \nCommissioner of the Federal Trade Commission, shall carry out a \ncomprehensive national program to educate consumers about the benefits \nof using light bulbs that have improved efficiency ratings.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $1,000,000 for each of fiscal \nyears 2008 through 2014.\n\nSEC. 5. REPORT ON MERCURY USE AND RELEASE.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Energy, in cooperation with the Administrator of the \nEnvironmental Protection Agency, shall submit to Congress a report \ndescribing recommendations relating to the means by which the Federal \nGovernment may reduce or prevent the release of mercury during the \nmanufacture, transportation, storage, or disposal of light bulbs.\n\nSEC. 6. REPORT ON LAMP LABELING.\n\n Not later than 1 year after the date of enactment of this Act, the \nCommissioner of the Federal Trade Commission, in cooperation with the \nAdministrator of the Environmental Protection Agency and the Secretary \nof Energy, shall submit to Congress a report describing current lamp \nlabeling practices by lamp manufacturers and recommendations for a \nnational labeling standard.","summary":"Bright Idea Act of 2007 - Directs the Secretary of Energy to establish technical standards for general service lamps that provide levels of illumination equivalent to those provided by lamps generally available in 2007, but with a lumens per watt rating of at least: (1) 30 by calendar 2013. And (2) 45 by calendar 2018. Authorizes the Secretary to: (1) carry out a lighting technology research and development program regarding lamps and related technologies made available in the United States. And (2) assist manufacturers in the manufacturing of general service lamps that achieve the lumens per watt ratings prescribed by this Act. Instructs the Secretary to: (1) implement a national program consumer education program about the benefits of using light bulbs with improved efficiency ratings. And (2) report to Congress recommendations regarding the means by which the federal government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs. Directs the Commissioner sic of the Federal Trade Commission (FTC) to report to Congress regarding current lamp labeling practices by lamp manufacturers, with recommendations for a national labeling standard.","title":"A bill to direct the Secretary of Energy to develop standards for general service lamps that will operate more efficiently and assist in reducing costs to consumers, business concerns, government entities, and other users, to require that general service lamps and related products manufactured or sold in interstate commerce after 2013 meet those standards, and for other purposes.","text_len":5660,"sum_len":1224} {"bill_id":"105_hr234","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Family and Medical \nLeave Enhancement Act''.\n (b) Reference.--Whenever in sections 2, 3, and 5 an amendment or \nrepeal is expressed in terms of an amendment to, or repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of the Family and Medical Leave \nAct of 1993.\n\nSEC. 2. ELIGIBLE EMPLOYEE.\n\n Section 101(2)(B)(ii) (29 U.S.C. 2611(2)(B)(ii)) is amended by \nstriking ``50'' each place it occurs and inserting ``25''.\n\nSEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT.\n\n (a) Leave Requirement.--Section 102(a) (29 U.S.C. 2612(a)) is \namended by adding at the end the following:\n ``(3) Entitlement to additional leave for parental \n involvement.--\n ``(A) In general.--Subject to section 103(f), in \n addition to leave available under paragraph (1), an \n eligible employee shall be entitled to a total of 4 \n hours of leave during any 30-day period, and a total of \n 24 hours of leave during any 12-month period to \n participate in or attend an activity that--\n ``(i) is sponsored by a school or community \n organization; and\n ``(ii) relates to a program of the school \n or organization that is attended by a son or \n daughter of the employee, including a foster \n child of the employee.\n ``(B) Definitions.--As used in subparagraph (A):\n ``(i) School.--The term `school' means an \n elementary school or secondary school (as such \n terms are defined in section 14101 of the \n Elementary and Secondary Education Act of 1965 \n (20 U.S.C. 8801)), a Head Start program \n assisted under the Head Start Act (42 U.S.C. \n 9831 et seq.), and a child care facility \n licensed under State law.''.\n ``(ii) Community organization.--The term \n `community organization' means a private \n nonprofit organization that is representative \n of a community or a significant segment of a \n community and provides activities for \n individuals described in subparagraph (A) or \n (B) of section 101(12), such as a scouting or \n sports organization.''.\n (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended \nby inserting after the second sentence the following: ``Leave under \nsubsection (a)(3)(A) may be taken intermittently or on a reduced leave \nschedule.''.\n (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C. \n2612(d)(2)(A)) is amended by inserting before the period the following: \n``, or for leave provided under subsection (a)(3)(A) for any part of \nthe 24-hour period of such leave under such subsection''.\n (d) Notice.--Section 102(e)(1) (29 U.S.C. 2612(e)(1)) is amended by \nadding at the end the following: ``In any case in which an employee \nrequests leave under subsection (a)(3)(A), the employee shall provide \nthe employer with not less than 7 days' notice, before the date the \nleave is to begin, of the employee's intention to take leave under such \nsubsection.''.\n (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by \nadding at the end the following:\n ``(f) Certification for Parental Involvement Leave.--An employer \nmay require that a request for leave under section 102(a)(3)(A) be \nsupported by a certification issued at such time and in such manner as \nthe Secretary may by regulation prescribe.''.\n\nSEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.\n\n (a) Leave Requirement.--Section 6382(a) of title 5, United States \nCode, is amended by adding at the end the following:\n ``(3)(A) Subject to section 6383(f), in addition to leave available \nunder paragraph (1), an employee shall be entitled to a total of 4 \nhours of leave during any 30-day period, and a total of 24 hours of \nleave during any 12-month period to participate in or attend an \nactivity that--\n ``(i) is sponsored by a school or community organization; \n and\n ``(ii) relates to a program of the school or organization \n that is attended by a son or daughter of the employee, \n including a foster child of the employee.\n ``(B) As used in this paragraph:\n ``(i) The term `school' means an elementary school or \n secondary school (as such terms are defined in section 14101 of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801)), a Head Start program assisted under the Head Start Act \n (42 U.S.C. 9831 et seq.), and a child care facility licensed \n under State law.''.\n ``(ii) The term `community organization' means a private \n nonprofit organization that is representative of a community or \n a significant segment of a community and provides activities \n for individuals described in subparagraph (A) or (B) of section \n 6381(6), such as a scouting or sports organization.''.\n (b) Schedule.--Section 6382(b)(1) of such title is amended by \ninserting after the second sentence the following: ``Leave under \nsubsection (a)(3)(A) may be taken intermittently or on a reduced leave \nschedule.''.\n (c) Substitution of Paid Leave.--Section 6382(d) of such title is \namended by inserting before ``, except'' the following: ``, or for \nleave provided under subsection (a)(3)(A) any of the employee's accrued \nor accumulated annual leave under subchapter I for any part of the 24-\nhour period of such leave under such subsection''.\n (d) Notice.--Section 6382(e)(1) of such title is amended by adding \nat the end the following: ``In any case in which an employee requests \nleave under subsection (a)(3)(A), the employee shall provide the \nemploying agency with not less than 7 days' notice, before the date the \nleave is to begin, of the employee's intention to take leave under such \nsubsection.''.\n (e) Certification.--Section 6383 of such title is amended by adding \nat the end the following:\n ``(f) An employing agency may require that a request for leave \nunder section 6382(a)(3)(A) be supported by a certification issued at \nsuch time and in such manner as the Office of Personnel Management may \nby regulation prescribe.''.\n\nSEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT.\n\n Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at \nthe end the following:\n ``(E) To meet routine family medical needs, \n including transportation of children for medical and \n dental appointments for annual checkups and \n vaccinations.\n ``(F) To meet the routine medical care needs of \n elderly individuals who are related to the eligible \n employee, including visits to nursing homes and group \n homes.''.","summary":"Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations. And (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.","title":"Family and Medical Leave Enhancement Act","text_len":7332,"sum_len":941} {"bill_id":"108_hr2696","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Southwest Forest Health and Wildfire \nPrevention Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there is an increasing threat of wildfire to millions of \n acres of forest land and rangeland throughout the United States;\n (2) forest land and rangeland are degraded as a direct \n consequence of land management practices, including practices to \n control and prevent wildfires and the failure to harvest \n subdominant trees from overstocked stands that disrupt the \n occurrence of frequent low-intensity fires that have periodically \n removed flammable undergrowth;\n (3) at least 39,000,000 acres of land of the National Forest \n System in the interior West are at high risk of wildfire;\n (4) an average of 95 percent of the expenditures by the Forest \n Service for wildfire suppression during fiscal years 1990 through \n 1994 were made to suppress wildfires in the interior West;\n (5) the number, size, and severity of wildfires in the interior \n West are increasing;\n (6) of the timberland in National Forests in the States of \n Arizona and New Mexico, 59 percent of such land in Arizona, and 56 \n percent of such land in New Mexico, has an average diameter of 9 to \n 12 inches diameter at breast height;\n (7) the population of the interior West grew twice as fast as \n the national average during the 1990s;\n (8) catastrophic wildfires--\n (A) endanger homes and communities;\n (B) damage and destroy watersheds and soils; and\n (C) pose a serious threat to the habitat of threatened and \n endangered species;\n (9) a 1994 assessment of forest health in the interior West \n estimated that only a 15- to 30-year window of opportunity exists \n for effective management intervention before damage from \n uncontrollable wildfire becomes widespread, with 8 years having \n already elapsed since the assessment;\n (10) healthy forest and woodland ecosystems--\n (A) reduce the risk of wildfire to forests and communities;\n (B) improve wildlife habitat and biodiversity;\n (C) increase tree, grass, forb, and shrub productivity;\n (D) enhance watershed values;\n (E) improve the environment; and\n (F) provide a basis in some areas for economically and \n environmentally sustainable uses;\n (11) sustaining the long-term ecological and economic health of \n interior West forests and woodland, and their associated human \n communities requires preventing severe wildfires before the \n wildfires occur and permitting natural, low-intensity ground fires;\n (12) more natural fire regimes cannot be accomplished without \n the reduction of excess fuels and thinning of subdominant trees \n (which fuels and trees may be of commercial value);\n (13) ecologically based forest and woodland ecosystem \n restoration on a landscape scale will--\n (A) improve long-term community protection;\n (B) minimize the need for wildfire suppression;\n (C) improve resource values;\n (D) improve the ecological integrity and resilience of \n these systems;\n (E) reduce rehabilitation costs;\n (F) reduce loss of critical habitat; and\n (G) protect forests for future generations;\n (14) although landscape scale restoration is needed to \n effectively reverse degradation, scientific understanding of \n landscape scale treatments is limited;\n (15) rigorous, objective, understandable, and applied \n scientific information is needed for--\n (A) the design, implementation, monitoring, and adaptation \n of landscape scale restoration treatments and improvement of \n wildfire management;\n (B) the environmental review process; and\n (C) affected entities that collaborate in the development \n and implementation of wildfire treatment.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to enhance the capacity to develop, transfer, apply, \n monitor, and regularly update practical science-based forest \n restoration treatments that will reduce the risk of severe \n wildfires, and improve the health of dry forest and woodland \n ecosystems in the interior West;\n (2) to synthesize and adapt scientific findings from \n conventional research programs to the implementation of forest and \n woodland restoration on a landscape scale;\n (3) to facilitate the transfer of interdisciplinary knowledge \n required to understand the socioeconomic and environmental impacts \n of wildfire on ecosystems and landscapes;\n (4) to require the Institutes established under this Act to \n collaborate with Federal agencies--\n (A) to use ecological restoration treatments to reverse \n declining forest health and reduce the risk of severe wildfires \n across the forest landscape; and\n (B) to design, implement, monitor, and regularly revise \n representative wildfire treatments based on the use of adaptive \n ecosystem management;\n (5) to assist land managers in--\n (A) treating acres with restoration-based applications; and\n (B) using new management technologies (including the \n transfer of understandable information, assistance with \n environmental review, and field and classroom training and \n collaboration) to accomplish the goals identified in--\n (i) the National Fire Plan;\n (ii) the report entitled ``Protecting People and \n Sustaining Resources in Fire-Adapted Ecosystems-A Cohesive \n Strategy'' (65 Fed. Reg. 67480); and\n (iii) the report entitled ``10-Year Comprehensive \n Strategy: A Collaborative Approach for Reducing Wildland \n Fire Risks to Communities and the Environment'' of the \n Western Governors' Association;\n (6) to provide technical assistance to collaborative efforts by \n affected entities to develop, implement, and monitor adaptive \n ecosystem management restoration treatments that are ecologically \n sound, economically viable, and socially responsible; and\n (7) to assist Federal and non-Federal land managers in \n providing information to the public on the role of fire and fire \n management in dry forest and woodland ecosystems in the interior \n West.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Adaptive ecosystem management.--\n (A) Definition.--The term ``adaptive ecosystem management'' \n means a natural resource management process under which \n planning, implementation, monitoring, research, evaluation, and \n incorporation of new knowledge are combined into a management \n approach that--\n (i) is based on scientific findings and the needs of \n society;\n (ii) treats management actions as experiments;\n (iii) acknowledges the complexity of these systems and \n scientific uncertainty; and\n (iv) uses the resulting new knowledge to modify future \n management methods and policy.\n (B) Clarification.--This paragraph shall not define the \n term ``adaptive ecosystem management'' for the purposes of the \n Forest and Rangeland Renewable Resources Planning Act of 1974 \n (16 U.S.C. 1600 et seq.).\n (2) Affected entities.--The term ``affected entities'' \n includes--\n (A) land managers;\n (B) stakeholders;\n (C) concerned citizens; and\n (D) the States of the interior West, including political \n subdivisions of the States.\n (3) Dry forest and woodland ecosystem.--The term ``dry forest \n and woodland ecosystem'' means an ecosystem that is dominated by \n ponderosa pines and associated dry forest and woodland types.\n (4) Institute.--The term ``Institute'' means an Institute \n established under section 5(a).\n (5) Interior west.--The term ``interior West'' means the States \n of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah.\n (6) Land manager.--\n (A) In general.--The term ``land manager'' means a person \n or entity that practices or guides natural resource management.\n (B) Inclusions.--The term ``land manager'' includes a \n Federal, State, local, or tribal land management agency.\n (7) Restoration.--The term ``restoration'' means a process \n undertaken to move an ecosystem or habitat toward--\n (A) a sustainable structure of the ecosystem or habitat; or\n (B) a condition that supports a natural complement of \n species, natural function, or ecological process (such as a \n low-intensity fire).\n (8) Secretary.--The term ``Secretary'' means the Secretary of \n Agriculture, acting through the Chief of the Forest Service.\n (9) Secretaries.--The term ``Secretaries'' means--\n (A) the Secretary of Agriculture, acting through the Chief \n of the Forest Service; and\n (B) the Secretary of the Interior.\n (10) Stakeholder.--The term ``stakeholder'' means any person \n interested in or affected by management of forest or woodland \n ecosystems.\n (11) Subdominant trees.--Are trees that occur underneath the \n canopy or extend into the canopy but are smaller and less vigorous \n than dominant trees.\n (12) Overstocked stands.--Where the number of trees per acre \n exceeds the natural carrying capacity of the site.\n (13) Resilience.--The ability of a system to absorb disturbance \n without being pushed into a different, possibly less desirable \n stable state.\n\nSEC. 5. ESTABLISHMENT OF INSTITUTES.\n\n (a) In General.--The Secretary, in consultation with the Secretary \nof the Interior, shall--\n (1) not later than 180 days after the date of enactment of this \n Act, establish Institutes to promote the use of adaptive ecosystem \n management to reduce the risk of wildfires, and restore the health \n of forest and woodland ecosystems, in the interior West; and\n (2) provide assistance to the Institutes to promote the use of \n collaborative processes and adaptive ecosystem management in \n accordance with paragraph (1).\n (b) Location.--\n (1) Existing institutes.--The Secretary may designate an \n institute in existence on the date of enactment of this Act to \n serve as an Institute established under this Act.\n (2) States.--Of the Institutes established under this Act, the \n Secretary shall establish 1 Institute in each of--\n (A) the State of Arizona, to be located at Northern Arizona \n University;\n (B) the State of New Mexico, to be located at New Mexico \n Highlands University, while engaging the full resources of the \n consortium of universities represented in the Institute of \n Natural Resource Analysis and Management (INRAM); and\n (C) the State of Colorado.\n (c) Duties.--Each Institute shall--\n (1) develop, conduct research on, transfer, promote, and \n monitor restoration-based hazardous fuel reduction treatments to \n reduce the risk of severe wildfires and improve the health of dry \n forest and woodland ecosystems in the interior West;\n (2) synthesize and adapt scientific findings from conventional \n research to implement restoration-based hazardous fuel reduction \n treatments on a landscape scale using an adaptive ecosystem \n management framework;\n (3) translate for and transfer to affected entities any \n scientific and interdisciplinary knowledge about restoration-based \n hazardous fuel reduction treatments;\n (4) assist affected entities with the design of adaptive \n management approaches (including monitoring) for the implementation \n of restoration-based hazardous fuel reduction treatments; and\n (5) provide peer-reviewed annual reports.\n (d) Qualifications.--Each Institute shall--\n (1) develop and demonstrate capabilities in the natural, \n physical, social, and policy sciences; and\n (2) explicitly integrate those disciplines in the performance \n of the duties listed in subsection (c).\n (e) Cooperation.--Each Institute may cooperate with--\n (1) researchers and cooperative extension programs at colleges, \n community colleges, and universities in the States of Arizona, New \n Mexico, and Colorado that have a demonstrated capability to conduct \n research described in subsection (c); and\n (2) other organizations and entities in the interior West (such \n as the Western Governors' Association).\n (f) Annual Work Plans.--As a condition of the receipt of funds made \navailable under this Act, for each fiscal year, each Institute shall \ndevelop in consultation with the Secretary, for review by the \nSecretary, in consultation with the Secretary of the Interior, an \nannual work plan that includes assurances, satisfactory to the \nSecretaries, that the proposed work of the Institute will serve the \ninformational needs of affected entities.\n (g) Establishment of Additional Institutes.--If after 2 years after \nthe date of the enactment of this Act, the Secretary finds that the \nInstitute model established at the locations named in subsection (b)(2) \nwould be constructive for other interior West States, the Secretary may \nestablish 1 institute in each of those States.\n\nSEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES.\n\n In carrying out this Act, the Secretary, in consultation with the \nSecretary of the Interior--\n (1) to the extent that funds are appropriated for the purpose, \n shall provide financial and technical assistance to the Institutes \n to carry out the duties of the Institutes under section 5;\n (2) shall encourage Federal agencies to use, on a cooperative \n basis, information and expertise provided by the Institutes;\n (3) shall encourage cooperation and coordination between \n Federal programs relating to--\n (A) ecological restoration;\n (B) wildfire risk reduction; and\n (C) wildfire management technologies;\n (4) notwithstanding chapter 63 of title 31, United States Code, \n may--\n (A) enter into contracts, cooperative agreements, and \n interagency personnel agreements to carry out this Act; and\n (B) carry out other transactions under this Act;\n (5) may accept funds from other Federal agencies to supplement \n or fully fund grants made, and contracts entered into, by the \n Secretaries;\n (6) may support a program of internships for qualified \n individuals at the undergraduate and graduate levels to carry out \n the educational and training objectives of this Act;\n (7) shall encourage professional education and public \n information activities relating to the purposes of this Act; and\n (8) may promulgate such regulations as the Secretaries \n determine are necessary to carry out this Act.\n\nSEC. 7. MONITORING AND EVALUATION.\n\n (a) In General.--Not later than 5 years after the date of enactment \nof this Act, and every 5 years thereafter, the Secretary, in \nconsultation with the Secretary of the Interior, shall complete and \nsubmit to the Committee on Resources and the Committee on Agriculture \nof the House of Representatives and to the Committee on Energy and \nNatural Resources of the Senate a detailed evaluation of the programs \nand activities of each Institute--\n (1) to ensure, to the maximum extent practicable, that the \n research, communication tools, and information transfer activities \n of each Institute are sufficient to achieve the purposes of this \n Act, including--\n (A) implementing active adaptive ecosystem management \n practices at the landscape level;\n (B) reducing unnecessary planning costs;\n (C) avoiding duplicative and conflicting efforts;\n (D) increasing public acceptance of active adaptive \n ecosystem management practices; and\n (E) achieving general satisfaction on the part of affected \n entities;\n (2) to determine the extent to which each Institute has \n implemented its duties under section 5(c); and\n (3) to determine whether continued provision of Federal \n assistance to each Institute is warranted.\n (b) Termination of Assistance.--If, as a result of an evaluation \nunder subsection (a), the Secretary, in consultation with the Secretary \nof the Interior, determines that an Institute does not qualify for \nfurther Federal assistance under this Act, the Institute shall receive \nno further Federal assistance under this Act until such time as the \nqualifications of the Institute are reestablished to the satisfaction \nof the Secretaries.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $15,000,000 for each fiscal year.\n (b) Limitation.--No funds made available under subsection (a) shall \nbe used to pay the costs of constructing any facilities.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Southwest Forest Health and Wildfire Prevention Act of 2004 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to: (1) establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems in the interior West. And (2) assist the Institutes in promoting the use of collaborative processes and adaptive ecosystems management. Requires, initially, the establishment of three Institutes, with: (1) one in Arizona, at Northern Arizona University. (2) one in New Mexico, at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management. And (3) one in Colorado. Defines the term adaptive ecosystem management to mean a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that: (1) is based on scientific findings and the needs of society, (2) treats management actions as experiments, (3) acknowledges the complexity of these systems and scientific uncertainty. And (4) uses the resulting new knowledge to modify future management methods and policy. Prohibits the definition of such term for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974. Requires each Institute to: (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West. (2) synthesize and adapt scientific findings from conventional research to implement such fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework. (3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about such fuel reduction treatments. (4) assist affected entities with the design of adaptive management approaches for the implementation of such fuel reduction treatments. And (5) provide peer-reviewed annual reports. Requires each Institute to: (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences, and explicitly integrate those disciplines in the performance of such duties. And (2) develop an annual work plan for review by the Secretary. Authorizes the Secretary to establish one institute in each of the other interior West States, if after two years, the Secretary finds that the Institute model would be constructive for those States. Provides for cooperation between the Institutes and Federal programs. Encourages cooperation and coordination between Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies. Requires the Secretary to evaluate and report to specified congressional committees every five years on the programs and activities of each Institute. Authorizes appropriations.","title":"To establish Institutes to demonstrate and promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West.","text_len":17724,"sum_len":3097} {"bill_id":"105_hr2380","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Gambling Prohibition Act of \n1997''.\n\nSEC. 2. DEFINITIONS.\n\n Section 1081 of title 18, United States Code, is amended--\n (1) in the matter immediately following the colon, by \n designating the first 5 undesignated paragraphs as paragraphs \n (1) through (5), respectively, and moving the indentation of \n each paragraph 2 ems to the right;\n (2) in paragraph (5), as so designated--\n (A) by striking ``wire communication'' and \n inserting ``communication'';\n (B) by striking ``transmission of writings'' and \n inserting ``transmission or receipt of data, \n writings''; and\n (C) by striking ``or other like'' and all that \n follows before the period and inserting ``radio, \n electromagnetic, photo-optical, photoelectric, or other \n similar facility''; and\n (3) by adding at the end the following:\n ``(6) Bets or wagers.--The term `bets or wagers'--\n ``(A) means the staking or risking by any person of \n something of value (other than in a de minimis amount, \n such as postage, filling out a form or survey, or \n visits to a place where no charge is made for such \n visits) upon the outcome of a contest of chance or a \n future contingent event which contest or event is \n predominantly subject to pure chance, upon an agreement \n or understanding that the person or another person will \n receive something of greater value than the amount \n staked or risked in the event of a certain outcome;\n ``(B) includes--\n ``(i) the purchase of a chance or \n opportunity to win a lottery or other prize if \n the opportunity to win is subject to pure \n chance and the purchase requires a \n consideration that is not in a de minimis \n amount as described in subparagraph (A) and\n ``(ii) information that is intended by the \n sender to be used by a person engaged in the \n business of betting or wagering to accept or \n place a bet or wager; and\n ``(C) does not include--\n ``(i) a bona fide business transaction \n governed by the securities laws (as that term \n is defined in section 3(a)(47) of the \n Securities Exchange Act of 1934 (15 U.S.C. \n 78c(a)(47))) for the purchase or sale at a \n future date of securities (as that term is \n defined in section 3(a)(10) of the Securities \nExchange Act of 1934 (15 U.S.C. 78c(a)(10)));\n ``(ii) a contract of indemnity or \n guarantee; or\n ``(iii) a contract for life, health, or \n accident insurance.\n ``(7) Information assisting in the placing of bets or \n wagers.--The term `information assisting in the placing of bets \n or wagers means information that is sent by a person engaged in \n the business of betting or wagering that is necessary in order \n for the recipient to place a bet or wager by means of a \n communication facility being used in interstate or foreign \n commerce.''.\n\nSEC. 3. TRANSMISSION OF WAGERING INFORMATION; PENALTIES.\n\n (a) In General.--Section 1084 of title 18, United States Code, is \namended by striking subsections (a) through (c) and inserting the \nfollowing:\n ``(a) In General.--\n ``(1) Persons engaged in the business of betting or \n wagering.--Whoever, being engaged in the business of betting or \n wagering knowingly uses a communication facility for the \n transmission or receipt in interstate or foreign commerce of \n bets or wagers, information assisting in the placing of bets or \n wagers, or a communication that entitles the transmitter or \n receiver to the opportunity to receive money or credit as a \n result of bets or wagers made using a communication facility in \n interstate or foreign commerce, shall be fined under this title \n or imprisoned not more than 4 years, or both.\n ``(2) Other persons.--Whoever (other than a person \n described in paragraph (1)) knowingly uses a communication \n facility for the transmission or receipt in interstate or \n foreign commerce of bets or wagers, information assisting in \n the placing of bets or wagers, or a communication that entitles \n the transmitter or receiver to the opportunity to receive money \n or credit as a result of bets or wagers, shall be fined under \n this title or imprisoned not more than 6 months, or both.\n ``(b) Exceptions.--\n ``(1) News reporting; legal bets and wagers.--Nothing in \n this section shall be construed to prohibit the transmission or \n receipt in interstate or foreign commerce of any information--\n ``(A) for use in the news reporting of any \n activity, event, or contest upon which bets or wagers \n are based;\n ``(B) assisting in the placing of bets or wagers, \n if betting or wagering on such activity, event, or \n contest--\n ``(i) is not illegal in the State or \n foreign country in which the transmission \n originates; and\n ``(ii) is not illegal in each State and \n each foreign country in which the sender \n intends the transmission to be received for the \n purposes of betting or wagering; or\n ``(C) advertising, promotion, or other \n communication by, or authorized by, anyone licensed to \n operate a gambling business in a State in which such \n business is lawful and in which the recipient of the \n information must be physically present at the licensed \n business establishment in order to place a bet or wager \n or engage in a contest which is conducted at such \n establishment.\n ``(2) State law.--Nothing in this section shall be \n construed to preempt any State law.''.\n (b) Duties of Common Carriers and Interactive Computer Service \nProviders.--Subsection (d) of section 1084 of title 18, United States \nCode, is amended--\n (1) by striking ``(d) When'' and inserting the following:\n ``(c) Duties of Common Carriers and Interactive Computer Service \nProviders.--\n ``(1) In general.--If'';\n (2) by inserting ``or interactive computer service \n provider'' after ``common carrier'' each place that term \n appears;\n (3) by striking ``Nothing'' and inserting the following:\n ``(3) Judicial action.--Nothing''; and\n (4) by inserting after paragraph (1), as amended by \n subparagraph (1), the following:\n ``(2) Injunctive relief.--Any State or local law \n enforcement agency acting within its jurisdiction, may, \n following the issuance of a notice under paragraph (1), in a \n civil action, obtain an injunction or other appropriate relief \n preventing the use of such facility for the purpose of \n transmitting or receiving gambling information in interstate or \n foreign commerce in violation of State or local law.''.\n (c) Stylistic Amendment.--Section 1084(e) of title 18, United \nStates Code, is amended by inserting ``.--Definition''.\n\nSEC. 4. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that the Federal Government should \nhave extraterritorial jurisdiction over the transmission to or receipt \nfrom the United States of--\n (1) bets or wagers (as that term is defined in section 1081 \n of title 18, United States Code);\n (2) information assisting in the placing of bets or wagers; \n and\n (3) any communication that entitles the transmitter or \n recipient to the opportunity to receive money or credit as a \n result of bets or wagers.\n\nSEC. 5. REPORT.\n\n Not later than one year after the date of enactment of this Act, \nthe Attorney General shall submit a report to Congress that includes--\n (1) an analysis of the problems, if any, associated with \n enforcing section 1084 of title 18, United States Code, as \n amended by this Act; and\n (2) recommendations for the best use of the resources of \n the Department of Justice to enforce that section.","summary":"Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions. Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers. Expresses the sense of the Congress that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers. Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations.","title":"Internet Gambling Prohibition Act of 1997","text_len":9197,"sum_len":1348} {"bill_id":"112_hr1180","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Start-up Savings \nAccounts Act of 2011''.\n\nSEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.\n\n (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new section:\n\n``SEC. 7529. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.\n\n ``(a) In General.--An individual or an eligible small business may \nenter into an agreement with the Secretary to establish a small \nbusiness start-up savings account.\n ``(b) Small Business Start-Up Savings Account.--For purposes of \nthis section, the term `small business start-up savings account' means \na trust created or organized in the United States for the benefit of \nthe account beneficiary, but only if the written governing instrument \ncreating the trust meets the following requirements:\n ``(1) Except as provided in subsection (d)(3) in the case \n of a rollover contribution, no contribution will be accepted \n unless it is in cash, and contributions will not be accepted \n for the taxable year on behalf of any account beneficiary in \n excess of the amount in effect for such taxable year under \n subsection (d)(2).\n ``(2) The trustee is a bank (as defined in section 408(n)) \n or such other person who demonstrates to the satisfaction of \n the Secretary that the manner in which such other person will \n administer the trust will be consistent with the requirements \n of this section.\n ``(3) No part of the trust funds will be invested in life \n insurance contracts.\n ``(4) The interest of an individual in the balance of his \n account is nonforfeitable.\n ``(5) The assets of the trust will not be commingled with \n other property except in a common trust fund or common \n investment fund.\n ``(c) Eligible Small Business.--For purposes of this section, the \nterm `eligible small business' means, with respect to any taxable year, \nany person engaged in a trade or business if the average number of \nemployees employed by such person on business days during the taxable \nyear was 500 or fewer.\n ``(d) Treatment of Contributions.--\n ``(1) In general.--There shall be allowed as a deduction \n for the taxable year an amount equal to so much of the account \n beneficiary's contributions for the taxable year to all small \n business start-up savings accounts maintained for the benefit \n of such beneficiary as do not exceed the contribution \n limitations in effect for the taxable year under paragraph (2).\n ``(2) Contribution limitation.--\n ``(A) In general.--The amount allowable as a \n deduction under paragraph (1) with respect to all small \n business start-up savings accounts maintained for the \n benefit of any person shall not exceed the lesser of--\n ``(i) $10,000, or\n ``(ii) $150,000, reduced by the aggregate \n contributions by such person for all taxable \n years with respect to all small business start-\n up savings accounts of the taxpayer.\n ``(B) Cost of living adjustment.--\n ``(i) In general.--In the case of a taxable \n year beginning after 2011, the $10,000 amount \n in subparagraph (A) shall be increased by an \n amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost-of-living \n adjustment determined under section \n 1(f)(3) for the calendar year in which \n the taxable year begins, determined by \n substituting `calendar year 2010' for \n `calendar year 1992' in subparagraph \n (B) thereof.\n ``(ii) Rounding.--If any amount as adjusted \n under clause (i) is not a multiple of $500, \n such amount shall be rounded to the next lowest \n multiple of $500.\n ``(3) Rollovers from retirement plans not allowed.--Under \n regulations prescribed by the Secretary, a person may make a \n rollover contribution to a small business start-up savings \n account only in the case of a rollover from another small \n business start-up savings account.\n ``(4) Treated as deduction for individuals and \n corporations.--For purposes of chapter 1, the deduction allowed \n under paragraph (1) shall be treated as a deduction specified \n in part VI of subchapter B of chapter 1 (relating to itemized \n deductions for individuals and corporations).\n ``(e) Treatment of Distributions.--\n ``(1) Tax treatment.--\n ``(A) Exclusion of qualified distributions.--Any \n qualified distribution from a small business start-up \n savings account shall not be includible in gross \n income.\n ``(B) Inclusion of other distributions.--Any \n distribution from a small business start-up savings \n account which is not a qualified distribution shall be \n included in gross income.\n ``(2) Qualified distribution.--For purposes of this \n subsection, the term `qualified distribution' means, with \n respect to any taxable year, any payment or distribution from a \n small business start-up savings account--\n ``(A) to the extent the amount of such payment or \n distribution does not exceed the sum of--\n ``(i) the aggregate amounts paid or \n incurred by the taxpayer for such taxable year \n with respect to the taxpayer's trade or \n business for the purchase of equipment or \n facilities, marketing, training, incorporation, \n and accounting fees, and\n ``(ii) the aggregate capital contributions \n of the taxpayer with respect to an eligible \n small business for the taxable year (but only \n to the extent such amounts are used by such \n small business for purposes described in clause \n (i)), and\n ``(B) which, in the case of a payment or \n distribution subsequent to the first payment or \n distribution from such account (or any predecessor to \n such account)--\n ``(i) is made not later than the close of \n the 5th taxable year beginning after the date \n of such first payment or distribution, and\n ``(ii) is made with respect to the same \n eligible small business with respect to which \n such first payment or distribution was made.\n ``(3) Treatment after death of account beneficiary.--\n ``(A) In general.--If, by reason of the death of \n the account beneficiary, any person acquires the \n account beneficiary's interest in a small business \n start-up savings account--\n ``(i) such account shall cease to be a \n small business start-up savings account as of \n the date of death, and\n ``(ii) an amount equal to the fair market \n value of the assets in such account on such \n date shall be includible--\n ``(I) in the case of a person who \n is not the estate of such beneficiary, \n in such person's gross income for the \n taxable year which includes such date, \n or\n ``(II) in the case of a person who \n is the estate of such beneficiary, in \n such beneficiary's gross income for the \n last taxable year of such beneficiary.\n ``(B) Special rules.--\n ``(i) Reduction of inclusion for predeath \n expenses.--The amount includible in gross \n income under subparagraph (A) shall be reduced \n by the amounts described in paragraph (2) which \n were incurred by the decedent before the date \n of the decedent's death and paid by such person \n within 1 year after such date.\n ``(ii) Deduction for estate taxes.--An \n appropriate deduction shall be allowed under \n section 691(c) to any person (other than the \n decedent) with respect to amounts included in \n gross income under subparagraph (A)(ii)(I) by \n such person.\n ``(4) Treatment for failure to be treated as eligible small \n business.--If for any taxable year a taxpayer which holds a \n small business start-up savings account as an eligible small \n business ceases to be an eligible small business--\n ``(A) such account shall cease to be a small \n business start-up savings account, and\n ``(B) the balance of such account shall be treated \n as paid out for such taxable year in a distribution \n which is not a qualified distribution.\n ``(f) Special Rules.--\n ``(1) Denial of double benefit.--Any deduction or credit \n otherwise allowed for the taxable year with respect to amounts \n described in subsection (e)(2)(A) shall be reduced by an amount \n equal to the qualified distributions attributable to such \n amounts. The adjusted basis of any property placed in service \n for the taxable year shall be reduced by the amount of any \n qualified distributions attributable to such property. For \n purposes of this paragraph, qualified distributions shall first \n be treated as attributable to amounts described in subsection \n (e)(2)(A), then to property placed in service for the taxable \n year.\n ``(2) Aggregation rule.--For purposes of this section, all \n persons treated as a single employer under subsection (a) or \n (b) of section 52, or subsection (m) or (o) of section 414, \n shall be treated as one person.''.\n (b) Excise Tax on Excess Contributions and Nonqualified \nDistributions.--Subtitle D of the Internal Revenue Code of 1986 is \namended by adding at the end the following new chapter:\n\n ``CHAPTER 50--SMALL BUSINESS START-UP SAVINGS ACCOUNTS\n\n``Sec. 5000C. Tax on excess contributions to small business start-up \n savings accounts.\n``Sec. 5000D. Tax on nonqualified distributions from small business \n start-up savings accounts.\n\n``SEC. 5000C. TAX ON EXCESS CONTRIBUTIONS TO SMALL BUSINESS START-UP \n SAVINGS ACCOUNTS.\n\n ``(a) In General.--In the case of a small business start-up savings \naccount (within the meaning of section 7529) there is imposed for each \ntaxable year a tax in an amount equal to 6 percent of the amount of the \nexcess contributions to such taxpayer's account (determined as of the \nclose of the taxable year).\n ``(b) Limitation.--The amount of tax imposed by subsection (a) \nshall not exceed 6 percent of the value of the account (determined as \nof the close of the taxable year).\n ``(c) Excess Contributions.--For purposes of this section, in the \ncase of contributions to all small business start-up savings accounts \nmaintained for the benefit of a person, the term `excess contributions' \nmeans the sum of--\n ``(1) the excess (if any) of--\n ``(A) the amount contributed to such accounts for \n the taxable year, over\n ``(B) the amount allowable as a contribution under \n section 7529(d)(2)(A) for such taxable year, and\n ``(2) the amount determined under this subsection for the \n preceding taxable year, reduced by the sum of--\n ``(A) the distributions out of the accounts for the \n taxable year, and\n ``(B) the excess (if any) of--\n ``(i) the maximum amount allowable as a \n contribution under section 7529(d)(2)(A) for \n such taxable year, over\n ``(ii) the amount contributed to such \n accounts for such taxable year.\n\n``SEC. 5000D. TAX ON NONQUALIFIED DISTRIBUTIONS FROM SMALL BUSINESS \n START-UP SAVINGS ACCOUNTS.\n\n ``(a) In General.--If for any taxable year an amount is paid or \ndistributed out of a taxpayer's small business start-up savings \naccount, there is imposed for such taxable year a tax in an amount \nequal to 10 percent of the portion of such amount which is includible \nin the gross income of the taxpayer.\n ``(b) Exception for Disability or Death.--Subsection (a) shall not \napply if the payment or distribution is made after the account \nbeneficiary becomes disabled within the meaning of section 72(m)(7) \n(but only if such beneficiary's account was created before becoming so \ndisabled) or dies.\n\n``SEC. 5000E. CROSS REFERENCE.\n\n ``For prohibited transactions, see section 4975.''.\n (c) Prohibited Transactions.--\n (1) In general.--Paragraph (1) of section 4975(e) of such \n Code is amended by striking ``or'' at the end of subparagraph \n (F), by striking the period at the end of subparagraph and \n inserting ``, or'', and by adding at the end the following new \n subparagraph:\n ``(H) a small business start-up savings account \n (within the meaning of section 7529).''.\n (2) Special rule for ceasing to be a small business start-\n up savings account.--Section 4975(d) of such Code (relating to \n tax on prohibited transactions) is amended by adding at the end \n the following new paragraph:\n ``(7) Special rule for small business start-up savings \n account.--An individual for whose benefit a small business \n start-up savings account (within the meaning of section 7529) \n is established shall be exempt from the tax imposed by this \n section with respect to any transaction concerning such account \n (which would otherwise be taxable under this section) if, with \n respect to such transaction, the account ceases to be a small \n business start-up savings account by reason of the application \n of paragraph (3) or (4) of section 7529(e) to such account.''.\n (d) Deduction Allowed Whether or Not Individual Itemizes.--\nSubsection (a) of section 62 of such Code is amended by adding at the \nend the following new paragraph:\n ``(22) Contributions to small business start-up savings \n accounts.--The deduction allowed by section 7529(d)(1)(A).''.\n (e) Conforming Amendments.--\n (1) The table of chapters for subtitle D such Code is \n amended by adding at the end the following new item:\n\n ``Chapter 50. Small Business Start-Up Savings Accounts''.\n\n (2) The table of sections for chapter 77 of such Code is \n amended by inserting after the item relating to section 7528 \n the following new item:\n\n``Sec. 7529. Small Business Start-Up Savings Accounts.''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2010.","summary":"Small Business Start-up Savings Accounts Act of 2011 - Amends the Internal Revenue Code to allow businesses with 500 or fewer employees to establish small business start-up savings accounts for the payment of certain business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Requires all distributions from such accounts for payment of business expenses to be completed within five years after the first account distribution. Allows a tax deduction for contributions to a start-up savings account, limited to the lesser of: (1) $10,000, or (2) $150,000 reduced by the aggregate account contributions for all taxable years. Excludes distributions from such accounts from gross income for income tax purposes. Imposes an excise tax on excess contributions to and for nonqualified distributions from such accounts.","title":"To amend the Internal Revenue Code of 1986 to establish small business start-up savings accounts.","text_len":16547,"sum_len":880} {"bill_id":"108_hr1955","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fairness for America's Servicemen \nand Women in Higher Education Act of 2003''.\n\nSEC. 2. REFUND POLICY.\n\n Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1091b(b)(2)) is amended by adding at the end the following:\n ``(D) Students on active duty during a war or \n national emergency.--Notwithstanding subparagraphs (A), \n (B), and (C), a student who withdraws from an \n institution of higher education to serve on active duty \n during a war or national emergency shall not be \n required to repay any grant assistance that is \n otherwise required to be repayed under this section.''.\n\nSEC. 3. DEFERMENT DURING ACTIVE DUTY.\n\n (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--\n (1) in clause (ii), by striking ``or'' after the semicolon;\n (2) in clause (iii), by inserting ``or'' after the \n semicolon; and\n (3) by inserting after clause (iii) the following:\n ``(iv) during which the borrower--\n ``(I) is a member of a regular \n component on active duty during a war \n or during a national emergency declared \n by the President or Congress, and \n receives compensation described in \n section 112(a) of the Internal Revenue \n Code of 1986;\n ``(II) is on active duty under \n section 688, 12301(a), 12301(d), \n 12301(g), 12302, 12304, 12306, 12307, \n or 12406, or chapter 15 of title 10, \n United States Code, or any other \n provision of law, during a war or \n during a national emergency declared by \n the President or Congress, regardless \n of the location at which such active \n duty service is performed; or\n ``(III) in the case of a member of \n the National Guard, is on full-time \n National Guard duty (as defined in \n section 101(d)(5) of title 10, United \n States Code) under a call to active \n service authorized by the President or \n the Secretary of Defense for a period \n of more than 30 consecutive days under \n section 12402 of title 10, United \n States Code, or section 502(f) of title \n 32, United States Code, for purposes of \n responding to a national emergency \n declared by the President and supported \n by Federal funds.''.\n (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20 \nU.S.C. 1087e(f)(2)) is amended--\n (1) by striking the period at the end of subparagraph (C) \n and inserting ``; and''; and\n (2) by adding at the end the following new subparagraph:\n ``(D) during which the borrower--\n ``(i) is a member of a regular component on \n active duty during a war or during a national \n emergency declared by the President or \n Congress, and receives compensation described \n in section 112(a) of the Internal Revenue Code \n of 1986;\n ``(ii) is on active duty under section 688, \n 12301(a), 12301(d), 12301(g), 12302, 12304, \n 12306, 12307, or 12406, or chapter 15 of title \n 10, United States Code, or any other provision \n of law, during a war or during a national \n emergency declared by the President or \n Congress, regardless of the location at which \n such active duty service is performed; or\n ``(iii) in the case of a member of the \n National Guard, is on full-time National Guard \n duty (as defined in section 101(d)(5) of title \n 10, United States Code) under a call to active \n service authorized by the President or the \n Secretary of Defense for a period of more than \n 30 consecutive days under section 12402 of \n title 10, United States Code, or section 502(f) \n of title 32, United States Code, for purposes \n of responding to a national emergency declared \n by the President and supported by Federal \n funds.''.\n (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended--\n (1) in subclause (II), by striking ``or'' after the \n semicolon;\n (2) in subclause (III), by striking ``or (II)'' and \n inserting ``, (II) or (III)'';\n (3) by redesignating subclause (III) (as so amended) as \n subclause (IV); and\n (4) by inserting after subclause (II) the following:\n ``(III) by the Secretary, in the case of a \n consolidation loan of a student who is on an active \n duty deferment under section 428(b)(1)(M)(iv); or''.\n (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the \nend the following:\n ``(C) Notwithstanding subparagraph (A), interest on loans \n made under this section for which payments of principal are \n deferred because the student is on an active duty deferment \n under section 428(b)(1)(M)(iv) shall be paid by the \n Secretary.''.\n (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20 \nU.S.C. 1087e(f)) is amended by adding at the end the following:\n ``(5) Interest during active duty deferments.--\n Notwithstanding paragraph (1)(B), interest on loans under this \n part for which payments of principal are deferred because the \n student is on an active duty deferment under paragraph (2)(D) \n shall be paid by the Secretary.''.\n (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education \nAct of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--\n (1) in clause (iii), by striking ``or'' after the \n semicolon;\n (2) in clause (iv), by inserting ``or'' after the \n semicolon; and\n (3) by inserting after clause (iv) the following:\n ``(v) during which the borrower--\n ``(I) is a member of a regular \n component on active duty during a war \n or during a national emergency declared \n by the President or Congress, and \n receives compensation described in \n section 112(a) of the Internal Revenue \n Code of 1986;\n ``(II) is on active duty under \n section 688, 12301(a), 12301(d), \n 12301(g), 12302, 12304, 12306, 12307, \n or 12406, or chapter 15 of title 10, \n United States Code, or any other \n provision of law, during a war or \n during a national emergency declared by \n the President or Congress, regardless \n of the location at which such active \n duty service is performed; or\n ``(III) in the case of a member of \n the National Guard, is on full-time \n National Guard duty (as defined in \n section 101(d)(5) of title 10, United \n States Code) under a call to active \n service authorized by the President or \n the Secretary of Defense for a period \n of more than 30 consecutive days under \n section 12402 of title 10, United \n States Code, or section 502(f) of title \n 32, United States Code, for purposes of \n responding to a national emergency \n declared by the President and supported \n by Federal funds.''.\n (g) Effective Date.--The amendments made by this section shall \napply with respect to loans for which the first disbursement is made on \nor after July 1, 1993, to an individual who is a new borrower (within \nthe meaning of section 103 of the Higher Education Act of 1965 (20 \nU.S.C. 1003)) on or after such date.","summary":"Fairness for America's Servicemen and Women in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise title IV student loan and grant assistance repayment provisions with respect to individuals who serve on active duty during a war or national emergency. Exempts students who withdraw from higher education institutions to serve on active duty during a war or national emergency from requirements to repay certain title IV grant assistance. Defers repayments of principal, and directs the Secretary of Education to make interest payments, on specified types of student loans during a war or national emergency when a borrower is: (1) a member of a regular component on active duty, and receives specified compensation. (2) on active duty, regardless of the location at which such active duty service is performed. Or (3) on full-time National Guard duty under a call to active service for a period of more than 30 consecutive days to respond to a national emergency.","title":"To amend the Higher Education Act of 1965 to allow soldiers to serve their country without being disadvantaged financially by Federal student aid programs.","text_len":9866,"sum_len":998} {"bill_id":"115_hr5938","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Serving Veterans Act of \n2018''.\n\nSEC. 2. RECRUITMENT DATABASE.\n\n (a) Establishment.--Section 208 of the VA Choice and Quality \nEmployment Act (Public Law 115-46; 38 U.S.C. 701 note) is amended as \nfollows:\n (1) In subsection (a)--\n (A) in the matter proceeding paragraph (1), by \n striking ``a single database'' and inserting ``and \n maintain a single searchable database (to be known as \n the `Departments of Defense and Veterans Affairs \n Recruitment Database')'';\n (B) in paragraph (1), by striking ``; and'' and \n inserting a semicolon;\n (C) in paragraph (2), by striking the period at the \n end and inserting ``; and''; and\n (D) by adding after paragraph (2) the following new \n paragraph:\n ``(3) with respect to each vacant position under paragraphs \n (1) and (2)--\n ``(A) the military occupational specialty or skill \n that corresponds to the position, as determined by the \n Secretary, in consultation with the Secretary of \n Defense; and\n ``(B) each qualified member of the Armed Forces who \n may be recruited to fill the position before such \n qualified member of the Armed Forces has been \n discharged and released from active duty.''.\n (2) By redesignating subsections (b), (c), and (d) as \n subsections (f), (g), and (h), respectively.\n (3) By inserting after subsection (a) the following new \n subsections:\n ``(b) Additional Information.--Subject to subsection (c), the \ndatabase established under subsection (a) shall include, with respect \nto each qualified member of the Armed Forces, the following \ninformation:\n ``(1) The name and contact information of the qualified \n member of the Armed Forces.\n ``(2) The date on which the qualified member of the Armed \n Forces is expected to be discharged and released from active \n duty.\n ``(3) Each military occupational specialty currently or \n previously assigned to the qualified member of the Armed \n Forces.\n ``(c) Availability.--Information in the database shall be available \nto offices, officials, and employees of the Department of Veterans \nAffairs to the extent the Secretary of Veterans Affairs determines \nappropriate.\n ``(d) Expedited Hiring Procedures.--The Secretary shall hire \nqualified members of the Armed Forces who apply for vacant positions \nlisted in the database established under subsection (a) without regard \nto the provisions of subchapter I of chapter 33 of title 5, United \nStates Code.\n ``(e) Relocation Bonus.--The Secretary may authorize a relocation \nbonus, in an amount determined appropriate by the Secretary and subject \nto the same limitations as in the case of the authority provided under \nsection 5753 of title 5, to any qualified member of the Armed Forces \nwho has accepted a position listed in the database established under \nsubsection (a).''.\n (4) In subsection (g)(1), as redesignated in paragraph (2), \n by striking ``subsection (b)'' and inserting ``subsection \n (g)''.\n (5) In subsection (h), as redesignated in paragraph (2), by \n striking ``of this Act'' and inserting ``of the Veterans \n Serving Veterans Act of 2018, and annually thereafter''.\n (6) By adding after subsection (h), as redesignated in \n paragraph (2), the following new subsection:\n ``(i) Qualified Member of the Armed Forces Defined.--In this \nsection, the term `qualified member of the Armed Forces' means a member \nof the Armed Forces--\n ``(1) described in section 1142(a) of title 10;\n ``(2) who elects to be listed in the database established \n under subsection (a); and\n ``(3) who has been determined by the Secretary, in \n consultation with the Secretary of Defense, to have a military \n occupational speciality that corresponds to a vacant position \n described in subsection (a).''.\n (b) Implementation Plan.--Not later than 180 days after the date of \nthe enactment of this Act, the Secretary of Veterans Affairs shall \nsubmit to the Committees on Veterans' Affairs of the House of \nRepresentatives and the Senate a plan to implement, including a \ntimeline, section 208 of the VA Choice and Quality Employment Act \n(Public Law 115-46; 38 U.S.C. 701 note), as amended by this section.\n\nSEC. 3. INTERMEDIATE CARE TECHNICIAN TRAINING PROGRAM.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall \nimplement a program to train and certify covered veterans to work as \nintermediate care technicians in the Department of Veterans Affairs.\n (b) Locations.--\n (1) Establishment.--The Secretary shall establish centers \n at medical facilities of the Department selected by the \n Secretary for the purposes of carrying out the program under \n subsection (a).\n (2) Selection of medical facilities.--In selecting a \n medical facility of the Department under this subsection to \n serve as a center, the Secretary shall consider--\n (A) the experience and success of the facility in \n training intermediate care technicians; and\n (B) the availability of resources of the facility \n to train intermediate care technicians.\n (c) Covered Veteran Defined.--In this section, the term ``covered \nveteran'' means a veteran whom the Secretary determines served as a \nbasic health care technician while serving in the Armed Forces.\n\nSEC. 4. NO AUTHORIZATION OF APPROPRIATIONS.\n\n No additional funds are authorized to be appropriated to carry out \nsection 208 of the VA Choice and Quality Employment Act (Public Law \n115-46; 38 U.S.C. 701 note), as amended by section 2 of this Act, or to \ncarry out section 3 of this Act. Such sections shall be carried out \nusing amounts otherwise authorized to be appropriated for such purpose.\n\nSEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.\n\n No additional funds are authorized to be appropriated to carry out \nthe requirements of this Act and the amendments made by this Act. Such \nrequirements shall be carried out using amounts otherwise authorized to \nbe appropriated.\n\n Passed the House of Representatives July 24, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Veterans Serving Veterans Act of 2018 This bill amends the VA Choice and Quality Employment Act to name the Department of Veterans Affairs (VA) recruiting database the Departments of Defense and Veterans Affairs Recruitment Database and require that it includes for each vacant position: the military occupational specialty or skill corresponding to the VA position, and each qualified US Armed Forces active-duty member who may be recruited to fill the position. The database shall include the following for each qualified member of the Armed Forces: name, contact information, expected discharge date, and military occupational specialty. The VA shall implement direct hiring and appointment procedures for vacant database positions and may authorize relocation bonuses. The VA shall train and certify veterans who served as basic health care technicians in the Armed Forces to work as VA intermediate care technicians.","title":"Veterans Serving Veterans Act of 2018","text_len":6801,"sum_len":921} {"bill_id":"109_s457","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Purchase Card Waste Elimination Act \nof 2006''.\n\nSEC. 2. REQUIREMENT FOR GUIDANCE.\n\n (a) Office of Management and Budget Policy Guidance.--Not later \nthan 180 days after the date of the enactment of this Act, the Director \nof the Office of Management and Budget shall issue guidelines to assist \nthe heads of executive agencies in improving the management of the use \nof the Governmentwide commercial purchase card for making \nmicropurchases. The Director shall include guidelines on the following \nmatters:\n (1) Analysis of purchase card expenditures to identify \n opportunities for achieving savings through micropurchases made \n in economical volumes.\n (2) Negotiation of discount agreements with major vendors \n accepting the purchase card.\n (3) Establishment of communication programs to ensure that \n purchase card holders receive information pertaining to the \n availability of discounts, including programs for the training \n of purchase card holders on the availability of discounts.\n (4) Assessment of cardholder purchasing practices, \n including use of discount agreements.\n (5) Collection and dissemination of best practices and \n successful strategies for achieving savings in micropurchases.\n (6) Analysis of purchase card expenditures to identify \n opportunities for achieving and accurately measuring fair \n participation of small business concerns in micro-purchases \n consistent with the national policy on small business \n participation in Federal procurements set forth in sections \n 2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and \n 644(g)), and dissemination of best practices for participation \n of small business concerns in micro-purchases.\n (b) General Services Administration.--The Administrator of General \nServices shall--\n (1) continue efforts to improve reporting by financial \n institutions that issue the Governmentwide commercial purchase \n card so that the General Services Administration has the data \n needed to identify opportunities for achieving savings; and\n (2) actively pursue point-of-sale discounts with major \n vendors accepting the purchase card so that any Federal \n Government purchaser using the purchase card can benefit from \n such point-of-sale discounts.\n (c) Agency Reporting Requirement.--The senior procurement executive \nfor each executive agency shall, as directed by the Director of the \nOffice of Management and Budget, submit to the Director periodic \nreports on the actions taken in such executive agency pursuant to the \nguidelines issued under subsection (a).\n (d) Congressional Oversight.--Not later than December 31 of the \nyear following the year in which this Act is enacted, and December 31 \nof each of the ensuing three years, the Director of the Office of \nManagement and Budget shall submit to the Committee on Homeland \nSecurity and Governmental Affairs of the Senate and the Committee on \nGovernment Reform of the House of Representatives a report summarizing \nthe progress made during the fiscal year ending in the year in which \nsuch report is due--\n (1) in improving the management of the use of the \n Governmentwide commercial purchase card for making \n micropurchases; and\n (2) in achieving savings in micropurchases made with such \n card, expressed in terms of average savings achieved by each \n executive agency in the use of discount agreements identified \n in subsection (a) and the total savings achieved \n Governmentwide.\n (e) Definitions.--In this section:\n (1) The term ``executive agency'' has the meaning given \n such term in section 4 of the Office of Federal Procurement \n Policy Act (41 U.S.C. 403).\n (2) The term ``micropurchase'' means a purchase in an \n amount not in excess of the micropurchase threshold, as defined \n in section 32 of such Act (41 U.S.C. 428).\n\nSEC. 3. PAYMENTS TO FEDERAL CONTRACTORS WITH FEDERAL TAX DEBT.\n\n The General Services Administration, in conjunction with the \nInternal Revenue Service and the Financial Management Service, shall \ndevelop procedures to subject purchase card payments to Federal \ncontractors to the Federal Payment Levy program.\n\nSEC. 4. REPORTING OF AIR TRAVEL BY FEDERAL GOVERNMENT EMPLOYEES.\n\n (a) Annual Reports Required.--The Administrator of the General \nServices shall submit annually to the Committee on Homeland Security \nand Governmental Affairs of the Senate and the Committee on Government \nReform of the House of Representatives a report on all first class and \nbusiness class travel by employees of each executive agency undertaken \nat the expense of the Federal Government.\n (b) Content.--The reports submitted pursuant to subsection (a) \nshall include, at a minimum, with respect to each travel by first class \nor business class--\n (1) the names of each traveler;\n (2) the date of travel;\n (3) the points of origination and destination;\n (4) the cost of the first class or business class travel; \n and\n (5) the cost difference between such travel and travel by \n coach class.\n (c) Executive Agency Defined.--In this section, the term \n``executive agency'' has the meaning given such term in section 4 of \nthe Office of Federal Procurement Policy Act (41 U.S.C. 403).\n\n Passed the Senate June 6, 2006.\n\n Attest:\n\n Secretary.\n109th CONGRESS\n\n 2d Session\n\n S. 457\n\n_______________________________________________________________________\n\n AN ACT\n\nTo require the Director of the Office of Management and Budget to issue \n guidance for, and provide oversight of, the management of \nmicropurchases made with Governmentwide commercial purchase cards, and \n for other purposes.","summary":"Purchase Card Waste Elimination Act of 2006 - Requires the Director of the Office of Management and Budget (OMB) to issue guidelines to assist executive agencies in improving the management of the use of the governmentwide commercial purchase card for making micropurchases. Requires such guidelines to cover an analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring: (1) fair participation of small business concerns in micro-purchases, consistent with the national policy on small business participation in federal procurements set forth in the Small Business Act. And (2) dissemination of best practices for participation of small business concerns in micro-purchases. Requires the Administrator of General Services (GSA) to continue efforts to improve reporting by financial institutions that issue such a card so that GSA has the data needed to: (1) identify opportunities for achieving savings. And (2) actively pursue point-of-sale discounts with major vendors accepting it so that any federal government purchaser using it can benefit from such discounts. Requires the senior procurement executive for each executive agency, as directed by OMB, to report periodically to OMB on the actions taken in the agency pursuant to the guidelines. Requires OMB to report annually to specified congressional committees on the progress made in: (1) improving management of the use of the purchase card. And (2) achieving certain savings in micropurchases made with it. Requires GSA, in conjunction with the Internal Revenue Service (IRS) and the Financial Management Service, to develop procedures to subject to the Federal Payment Levy program any purchase card payments to federal contractors. Requires GSA to report annually to specified congressional committees on all first class and business class travel by executive agency employees undertaken at federal expense.","title":"A bill to require the Director of the Office of Management and Budget to issue guidance for, and provide oversight of, the management of micropurchases made with Governmentwide commercial purchase cards, and for other purposes.","text_len":6225,"sum_len":1916} {"bill_id":"114_s2947","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Food Date Labeling Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) As of the date of enactment of this Act, date labeling \n practices on food packaging cause confusion with ``sell-by'', \n ``best-by'', ``use-by'', and ``best before'' dates, leading up \n to 90 percent of individuals in the United States to \n occasionally throw out still-fresh food.\n (2) Confusion over the meaning of date labels is estimated \n to account for 20 percent of consumer waste of safe, edible \n food, leading to approximately $29,000,000,000 of wasted \n consumer spending each year.\n (3) Consumer education and standardized date labeling are \n the top 2 most cost-effective strategies for reducing food \n waste, by economic value per ton diverted.\n (4) Wasted food costs consumers and industry money, \n squanders important natural resources that are used to grow, \n process, distribute, and store the food supply of the United \n States, and represents a missed opportunity to feed the \n millions of food insecure households in the United States that \n are struggling to access healthy, affordable food.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administering secretaries.--The term ``administering \n Secretaries'' means--\n (A) with respect to products described in paragraph \n (4)(A), the Secretary of Agriculture; and\n (B) with respect to products described in paragraph \n (4)(B), the Secretary of Health and Human Services.\n (2) Food labeler.--The term ``food labeler'' means the \n producer, manufacturer, distributor, or retailer that places a \n date label on food packaging of a product.\n (3) Quality date.--The term ``quality date'' means a date \n voluntarily printed on food packaging that is intended to \n communicate to consumers the date after which the quality of \n the product may begin to deteriorate, but may still be \n acceptable for consumption.\n (4) Ready-to-eat product.--The term ``ready-to-eat \n product'' means--\n (A) with respect to a product under the \n jurisdiction of the Secretary of Agriculture, a product \n that--\n (i) is in a form that is edible without \n additional preparation to achieve food safety \n and may receive additional preparation for \n palatability or aesthetic, epicurean, \n gastronomic, or culinary purposes; and\n (ii) is--\n (I) a poultry product, as defined \n in section 4 of the Poultry Products \n Inspection Act (21 U.S.C. 453);\n (II) a meat food product, as \n defined in section 1 of the Federal \n Meat Inspection Act (21 U.S.C. 601); or\n (III) an egg product, as defined in \n section 4 of the Egg Products \n Inspection Act (21 U.S.C. 1033); and\n (B) with respect to a food (as defined in section \n 201 of the Federal Food, Drug, and Cosmetic Act (21 \n U.S.C. 321)) under the jurisdiction of the Secretary of \n Health and Human Services--\n (i) a food that is normally eaten in its \n raw state; or\n (ii) any other food, including a processed \n food, for which it is reasonably foreseeable \n that the food will be eaten without further \n processing that would significantly minimize \n biological hazards.\n (5) Safety date.--The term ``safety date'' means a date \n printed on food packaging of a ready-to-eat product, which \n signifies the end of the estimated period of shelf life under \n any stated storage conditions, after which the product may pose \n a health safety risk.\n\nSEC. 4. QUALITY DATES AND SAFETY DATES.\n\n (a) Quality Dates.--\n (1) In general.--If a food labeler includes a quality date \n on food packaging, the label shall use the uniform quality date \n label phrase under paragraph (2).\n (2) Uniform phrase.--The uniform quality date label phrase \n under this paragraph shall be ``best if used by'', unless and \n until the administering Secretaries, acting jointly, specify \n through rulemaking another uniform phrase to be used for \n purposes of complying with paragraph (1).\n (3) Option of the labeler.--The decision to include a \n quality date on food packaging shall be at the discretion of \n the food labeler.\n (b) Safety Dates.--\n (1) In general.--The label of a ready-to-eat product shall \n include a safety date that is immediately preceded by the \n uniform safety date label phrase under paragraph (2) if the \n ready-to-eat product--\n (A) meets the criteria described in paragraph \n (3)(A) and is not exempt under paragraph (3)(B)(ii); or\n (B) is listed in accordance with paragraph \n (3)(B)(i).\n (2) Uniform phrase.--The uniform safety date label phrase \n under this paragraph shall be `expires on', unless and until \n the administering Secretaries jointly specify through \n rulemaking another uniform phrase to be used for purposes of \n complying with paragraph (1).\n (3) High-risk ready-to-eat products.--\n (A) In general.--The administering Secretaries, \n acting jointly, shall describe criteria that determine \n what ready-to-eat products may have a high level of \n risk associated with consumption after a certain date, \n including those that may be high or very high risk for \n Listeria monocytogenes or other contaminants or \n pathogens causing foodborne illness.\n (B) Additional foods; exempt foods.--The \n administering Secretaries may, with respect to the \n products under the jurisdiction of the administering \n Secretaries, respectively--\n (i) list additional ready-to-eat products \n that are high risk, but do not meet the \n criteria described in subparagraph (A); or\n (ii) exempt specific ready-to-eat products \n that meet the criteria described in \n subparagraph (A), but do not actually pose a \n high level of risk associated with consumption \n after a certain date.\n (C) Review and updates.--Not less than once every 4 \n years, the administering Secretaries, acting jointly, \n shall review and, as the administering Secretaries \n determine appropriate, shall update--\n (i) the criteria described in subparagraph \n (A); and\n (ii) the list and exemptions described in \n subparagraph (B).\n (c) Quality Date and Safety Date Labeling.--\n (1) In general.--The quality date and safety date, as \n applicable, and immediately adjacent uniform quality date label \n phrase or safety date label phrase shall be--\n (A) in single easy-to-read type style using upper \n and lower case letters in the standard form;\n (B) in a type size no smaller than 8 point; and\n (C) located in a conspicuous place on the package \n of the food.\n (2) Date format.--Each quality date and safety date shall \n be stated in terms of day and month and, as appropriate, year.\n (d) Guidance.--The Commissioner of Food and Drugs and the Secretary \nof Agriculture shall establish guidance for food labelers on how to \ndetermine quality dates and safety dates for food products.\n (e) Sale or Donation After Quality Date.--No one shall prohibit the \nsale, donation, or use of any product after the quality date for the \nproduct has passed.\n (f) Education.--Not later than 1 year after the date of enactment \nof this Act, the administering Secretaries, acting jointly, shall \nprovide consumer education and outreach on the meaning of quality date \nand safety date food labels.\n (g) Rule of Construction; Preemption.--\n (1) Rule of construction.--Nothing in this section shall be \n construed to prohibit any State or political subdivision of a \n State from establishing or continuing in effect any requirement \n that prohibits the sale or donation of foods based on passage \n of the safety date.\n (2) Preemption.--No State or political subdivision of a \n State may establish or continue in effect any requirement \n that--\n (A) relates to the inclusion in food labeling of a \n quality date or a safety date that is different from or \n in addition to, or that is otherwise not identical \n with, the requirements under this section; or\n (B) prohibits the sale or donation of foods based \n on passage of the quality date.\n (3) Enforcement.--The administering Secretaries, acting \n jointly and in coordination with the Federal Trade Commission, \n shall ensure that the uniform quality date label phrase and \n uniform safety date label phrase are standardized across all \n food products.\n (4) Savings.--Nothing in this Act, nor any amendment made \n by this Act, nor any standard or requirement imposed pursuant \n to this Act shall be construed to preempt, displace, or \n supplant any State or Federal common law rights or any State or \n Federal statute creating a remedy for civil relief, including \n those for civil damage, or a penalty for criminal conduct.\n (h) Time Temperature Indicator Labels.--Nothing in this section \nshall be construed to prohibit or restrict the use of time-temperature \nindicator labels or similar technology that is consistent with the \nrequirements of this Act.\n (i) Delayed Applicability.--This section shall apply only with \nrespect to food products that are labeled on or after a date that is 2 \nyears after the date of enactment of this Act.\n\nSEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN \n FOOD LABELING.\n\n (a) FDA Violations.--Section 403 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 343) is amended by adding at the end the \nfollowing:\n ``(z) if its labeling is in violation of section 4 of the Food Date \nLabeling Act of 2016 (relating to quality dates and safety dates).''.\n (b) Poultry Products.--Section 4(h) of the Poultry Products \nInspection Act (21 U.S.C. 453(h)) is amended--\n (1) in paragraph (11), by striking ``or'' at the end;\n (2) in paragraph (12), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(13) if it does not bear a label in accordance with \n section 4 of the Food Date Labeling Act of 2016.''.\n (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act \n(21 U.S.C. 601(n)) is amended--\n (1) in paragraph (11), by striking ``or'' at the end;\n (2) in paragraph (12), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(13) if it does not bear a label in accordance with \n section 4 of the Food Date Labeling Act of 2016.''.\n (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act \n(21 U.S.C. 1036(b)) is amended in the first sentence by adding before \nthe period at the end ``or if it does not bear a label in accordance \nwith section 4 of the Food Date Labeling Act of 2016''.\n\nSEC. 6. REPORT TO CONGRESS.\n\n Not later than 5 years after the date of enactment of this Act, the \nadministering Secretaries, acting jointly, shall report to the \nappropriate committees of Congress on the progress in the reduction of \nfood waste that can be attributed to the standardization of food date \nlabeling and consumer education required by this Act and the amendments \nmade by this Act.","summary":"Food Date Labeling Act of 2016 This bill establishes requirements that: (1) address food waste that occurs when people throw out fresh food because of their confusion over the meaning of expiration dates on food labels and whether or not the food is still safe to eat, and (2) standardize quality date and safety date food labels. Producers, manufacturers, distributors, or retailers that place a date label on food packaging of a product must use the phrases quot, best if used byquot, to indicate food quality and the phrase quot, expires onquot. To warn of food that may be unsafe to eat after a specified date. While labelers may voluntarily choose to include a quality date on packaging, they must include a safety date on ready-to-eat products. The Food and Drug Administration and the Department of Agriculture (USDA) must establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one may prohibit the sale, donation, or use of a product after the quality date for the product has passed. USDA and the Department of Health and Human Services must educate consumers on the meaning of quality date and safety date food labels.","title":"Food Date Labeling Act of 2016","text_len":13097,"sum_len":1183} {"bill_id":"107_s3010","text":"SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER \n SECURITIES.\n\n (a) In General.--Section 105 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1025) in amended by adding at the end \nof the following new subsection:\n ``(e) Notice of High Concentration of Plan Assets In Employer \nSecurities.--\n ``(1) In general.--In the case of an individual account \n plan to which this subsection applies, if the percentage of \n assets in the individual account that consists of employer \n securities and employer real property exceeds 50 percent of the \n total account, the plan administrator shall include with the \n account statement a notice that the account may be overinvested \n in employer securities and employer real property. Any \n determination under this paragraph shall be made as of the most \n recent valuation date under the plan.\n ``(2) Exclusion of assets held through pooled investment \n vehicles.--Employer securities and employer real property held \n through an investment option of the plan which is not designed \n to invest primarily in employer securities or employer real \n property shall not be taken under paragraph (1) is determining \n the percentage of assets that consist of employer securities \n and employer real property.\n ``(3) Application.--\n ``(A) In general.--This subsection shall apply to \n any individual account plan which--\n ``(i) holds employer securities which are \n readily tradable on an established securities \n market, and\n ``(ii) permits a participant or beneficiary \n to exercise control over assets in the \n individual's account.\n ``(B) Exception for esops.--This subsection shall \n not apply to an employee stock ownership plan (as \n defined in section 4795(e)(7)) of the Internal Revenue \n Code of 1986) if the plan has no contributions which \n are subject to section 401 (k) or (m) of such Code.\n ``(4) Employer securities and real property.--For purposes \n of this subsection, the terms `employer securities' and \n `employer real property' have the meanings given such terms by \n paragraphs (1) and (2) of section 407(d), respectively.''\n (b) Penalty.--Section 502 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1132) is amended--\n (1) in subsection (a)(6), by striking ``(6), or (7)'' and \n inserting ``(6), (7), or (8)'',\n (2) by redesignating paragraph (8) of subsection (c) as \n paragraph (9), and\n (3) by inserting after paragraph (7) the following new \n paragraph:\n ``(8) The Secretary may assess a civil penalty against a \n plan administrator of up to $100 a day from the date of the \n plan administrator's failure or refusal to provide notice to \n participants and beneficiaries in accordance with section \n 105(e). For purposes of this paragraph, each violation with \n respect to any single participant or beneficiary shall be \n treated as a separate violation.''\n (c) Effective Date.--The amendments made by this section shall \napply to plan years beginning after December 31, 2002.\n\nSEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES.\n\n (a) In General.--Subsection (m) of section 132 of the Internal \nRevenue Code of 1986 (defining qualified retirement services) is \namended by redesignating paragraphs (2) and (3) as paragraphs (5) and \n(6), respectively, and by inserting after paragraph (1) the following:\n ``(2) Limitations.--\n ``(A) Dollar limitation.--The aggregate amount \n which may be excluded with respect to qualified \n retirement planning services provided to any individual \n during a taxable year shall not exceed $1,500.\n ``(B) Adjusted gross income.--No amount may be \n excluded with respect to qualified retirement planning \n services provided during a taxable year if the modified \n adjusted gross income of the taxpayer for such taxable \n year exceeds $100,000 ($200,000 in the case of married \n individuals filing a joint return). For purposes of \n this subparagraph, the term `modified adjusted gross \n income' means adjusted gross income, determined without \n regard to this section and sections 911, 931, and 933.\n ``(3) Cash reimbursements.--For purposes of this subsection \n the term `qualified retirement planning services' includes a \n cash reimbursement by an employer to an employee for a benefit \n described in paragraph (1).\n ``(4) No constructive receipt.--No amount shall be included \n in the gross income of any employee solely because the employee \n may choose between any qualified retirement planning services \n provided by a qualified investment advisor and compensation \n which would otherwise be includible in the gross income of such \n employee. The preceding sentence shall apply to highly \n compensated employees only if the choice described in such \n sentence is available on substantially the same terms to each \n member of the group of employees normally provided education \n and information regarding the employer's qualified employer \n plan.''\n (b) Conforming Amendments.--\n (1) Section 403(b)(3)(B) of such Code is amended by \n inserting ``132(m)(4),'' after ``132(f)(4),''.\n (2) Section 414(s)(2) of such Code is amended by inserting \n ``132(m)(4),'' after ``132(f)(4),''.\n (3) Section 415(c)(3)(D)(ii) of such Code is amended by \n inserting ``132(m)(4),'' after ``132(f)(4),''.\n (c) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2002.","summary":"Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401 which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account. Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles. And (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC). Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 . Provides that no amount shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.","title":"A bill to provide information and advice to pension plan participants to assist them in making decisions regarding the investment of their pension plan assets, and for other purposes.","text_len":6312,"sum_len":1764} {"bill_id":"107_hr3323","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Administrative Simplification \nCompliance Act''.\n\nSEC. 2. EXTENSION OF DEADLINE FOR COVERED ENTITIES SUBMITTING \n COMPLIANCE PLANS.\n\n (a) In General.--\n (1) Extension.--Subject to paragraph (2), notwithstanding \n section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d-\n 4(b)(1)(A)) and section 162.900 of title 45, Code of Federal \n Regulations, a health care provider, health plan (other than a \n small health plan), or a health care clearinghouse shall not be \n considered to be in noncompliance with the applicable requirements \n of subparts I through R of part 162 of title 45, Code of Federal \n Regulations, before October 16, 2003.\n (2) Condition.--Paragraph (1) shall apply to a person described \n in such paragraph only if, before October 16, 2002, the person \n submits to the Secretary of Health and Human Services a plan of how \n the person will come into compliance with the requirements \n described in such paragraph not later than October 16, 2003. Such \n plan shall be a summary of the following:\n (A) An analysis reflecting the extent to which, and the \n reasons why, the person is not in compliance.\n (B) A budget, schedule, work plan, and implementation \n strategy for achieving compliance.\n (C) Whether the person plans to use or might use a \n contractor or other vendor to assist the person in achieving \n compliance.\n (D) A timeframe for testing that begins not later than \n April 16, 2003.\n (3) Electronic submission.--Plans described in paragraph (2) \n may be submitted electronically.\n (4) Model form.--Not later than March 31, 2002, the Secretary \n of Health and Human Services shall promulgate a model form that \n persons may use in drafting a plan described in paragraph (2). The \n promulgation of such form shall be made without regard to chapter \n 35 of title 44, United States Code (commonly known as the \n ``Paperwork Reduction Act'').\n (5) Analysis of plans; reports on solutions.--\n (A) Analysis of plans.--\n (i) Furnishing of plans.--Subject to subparagraph (D), \n the Secretary of Health and Human Services shall furnish \n the National Committee on Vital and Health Statistics with \n a sample of the plans submitted under paragraph (2) for \n analysis by such Committee.\n (ii) Analysis.--The National Committee on Vital and \n Health Statistics shall analyze the sample of the plans \n furnished under clause (i).\n (B) Reports on solutions.--The National Committee on Vital \n and Health Statistics shall regularly publish, and widely \n disseminate to the public, reports containing effective \n solutions to compliance problems identified in the plans \n analyzed under subparagraph (A). Such reports shall not relate \n specifically to any one plan but shall be written for the \n purpose of assisting the maximum number of persons to come into \n compliance by addressing the most common or challenging \n problems encountered by persons submitting such plans.\n (C) Consultation.--In carrying out this paragraph, the \n National Committee on Vital and Health Statistics shall consult \n with each organization--\n (i) described in section 1172(c)(3)(B) of the Social \n Security Act (42 U.S.C. 1320d-1(c)(3)(B)); or\n (ii) designated by the Secretary of Health and Human \n Services under section 162.910(a) of title 45, Code of \n Federal Regulations.\n (D) Protection of confidential information.--\n (i) In general.--The Secretary of Health and Human \n Services shall ensure that any material provided under \n subparagraph (A) to the National Committee on Vital and \n Health Statistics or any organization described in \n subparagraph (C) is redacted so as to prevent the \n disclosure of any--\n\n (I) trade secrets;\n (II) commercial or financial information that is \n privileged or confidential; and\n (III) other information the disclosure of which \n would constitute a clearly unwarranted invasion of \n personal privacy.\n\n (ii) Construction.--Nothing in clause (i) shall be \n construed to affect the application of section 552 of title \n 5, United States Code (commonly known as the ``Freedom of \n Information Act''), including the exceptions from \n disclosure provided under subsection (b) of such section.\n (6) Enforcement through exclusion from participation in \n medicare.--\n (A) In general.--In the case of a person described in \n paragraph (1) who fails to submit a plan in accordance with \n paragraph (2), and who is not in compliance with the applicable \n requirements of subparts I through R of part 162 of title 45, \n Code of Federal Regulations, on or after October 16, 2002, the \n person may be excluded at the discretion of the Secretary of \n Health and Human Services from participation (including under \n part C or as a contractor under sections 1816, 1842, and 1893) \n in title XVIII of the Social Security Act (42 U.S.C. 1395 et \n seq.).\n (B) Procedure.--The provisions of section 1128A of the \n Social Security Act (42 U.S.C. 1320a-7a) (other than the first \n and second sentences of subsection (a) and subsection (b)) \n shall apply to an exclusion under this paragraph in the same \n manner as such provisions apply with respect to an exclusion or \n proceeding under section 1128A(a) of such Act.\n (C) Construction.--The availability of an exclusion under \n this paragraph shall not be construed to affect the imposition \n of penalties under section 1176 of the Social Security Act (42 \n U.S.C. 1320d-5).\n (D) Nonapplicability to complying persons.--The exclusion \n under subparagraph (A) shall not apply to a person who--\n (i) submits a plan in accordance with paragraph (2); or\n (ii) who is in compliance with the applicable \n requirements of subparts I through R of part 162 of title \n 45, Code of Federal Regulations, on or before October 16, \n 2002.\n (b) Special Rules.--\n (1) Rules of construction.--Nothing in this section shall be \n construed--\n (A) as modifying the October 16, 2003, deadline for a small \n health plan to comply with the requirements of subparts I \n through R of part 162 of title 45, Code of Federal Regulations; \n or\n (B) as modifying--\n (i) the April 14, 2003, deadline for a health care \n provider, a health plan (other than a small health plan), \n or a health care clearinghouse to comply with the \n requirements of subpart E of part 164 of title 45, Code of \n Federal Regulations; or\n (ii) the April 14, 2004, deadline for a small health \n plan to comply with the requirements of such subpart.\n (2) Applicability of privacy standards before compliance \n deadline for information transaction standards.--\n (A) In general.--Notwithstanding any other provision of \n law, during the period that begins on April 14, 2003, and ends \n on October 16, 2003, a health care provider or, subject to \n subparagraph (B), a health care clearinghouse, that transmits \n any health information in electronic form in connection with a \n transaction described in subparagraph (C) shall comply with the \n requirements of subpart E of part 164 of title 45, Code of \n Federal Regulations, without regard to whether the transmission \n meets the standards required by part 162 of such title.\n (B) Application to health care clearinghouses.--For \n purposes of this paragraph, during the period described in \n subparagraph (A), an entity that processes or facilitates the \n processing of information in connection with a transaction \n described in subparagraph (C) and that otherwise would be \n treated as a health care clearinghouse shall be treated as a \n health care clearinghouse without regard to whether the \n processing or facilitation produces (or is required to produce) \n standard data elements or a standard transaction as required by \n part 162 of title 45, Code of Federal Regulations.\n (C) Transactions described.--The transactions described in \n this subparagraph are the following:\n (i) A health care claims or equivalent encounter \n information transaction.\n (ii) A health care payment and remittance advice \n transaction.\n (iii) A coordination of benefits transaction.\n (iv) A health care claim status transaction.\n (v) An enrollment and disenrollment in a health plan \n transaction.\n (vi) An eligibility for a health plan transaction.\n (vii) A health plan premium payments transaction.\n (viii) A referral certification and authorization \n transaction.\n (c) Definitions.--In this section--\n (1) the terms ``health care provider'', ``health plan'', and \n ``health care clearinghouse'' have the meaning given those terms in \n section 1171 of the Social Security Act (42 U.S.C. 1320d) and \n section 160.103 of title 45, Code of Federal Regulations;\n (2) the terms ``small health plan'' and ``transaction'' have \n the meaning given those terms in section 160.103 of title 45, Code \n of Federal Regulations; and\n (3) the terms ``health care claims or equivalent encounter \n information transaction'', ``health care payment and remittance \n advice transaction'', ``coordination of benefits transaction'', \n ``health care claim status transaction'', ``enrollment and \n disenrollment in a health plan transaction'', ``eligibility for a \n health plan transaction'', ``health plan premium payments \n transaction'', and ``referral certification and authorization \n transaction'' have the meanings given those terms in sections \n 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, \n 162.1701, and 162.1301 of title 45, Code of Federal Regulations, \n respectively.\n\nSEC. 3. REQUIRING ELECTRONIC SUBMISSION OF MEDICARE CLAIMS.\n\n (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. \n1395y) is amended--\n (1) in subsection (a)--\n (A) by striking ``or'' at the end of paragraph (20);\n (B) by striking the period at the end of paragraph (21) and \n inserting ``; or''; and\n (C) by inserting after paragraph (21) the following new \n paragraph:\n ``(22) subject to subsection (h), for which a claim is \n submitted other than in an electronic form specified by the \n Secretary.''; and\n (2) by inserting after subsection (g) the following new \n subsection:\n ``(h)(1) The Secretary--\n ``(A) shall waive the application of subsection (a)(22) in \n cases in which--\n ``(i) there is no method available for the submission of \n claims in an electronic form; or\n ``(ii) the entity submitting the claim is a small provider \n of services or supplier; and\n ``(B) may waive the application of such subsection in such \n unusual cases as the Secretary finds appropriate.\n ``(2) For purposes of this subsection, the term `small provider of \nservices or supplier' means--\n ``(A) a provider of services with fewer than 25 full-time \n equivalent employees; or\n ``(B) a physician, practitioner, facility, or supplier (other \n than provider of services) with fewer than 10 full-time equivalent \n employees.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to claims submitted on or after October 16, 2003.\n\nSEC. 4. CLARIFICATION WITH RESPECT TO APPLICABILITY OF ADMINISTRATIVE \n SIMPLIFICATION REQUIREMENTS TO MEDICARE+CHOICE \n ORGANIZATIONS.\n\n Section 1171(5)(D) of the Social Security Act (42 U.S.C. \n1320d(5)(D)) is amended by striking ``Part A or part B'' and inserting \n``Parts A, B, or C''.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF \n REGULATIONS.\n\n (a) In General.--Subject to subsection (b), and in addition to any \nother amounts that may be authorized to be appropriated, there are \nauthorized to be appropriated a total of $44,200,000, for--\n (1) technical assistance, education and outreach, and \n enforcement activities related to subparts I through R of part 162 \n of title 45, Code of Federal Regulations; and\n (2) adopting the standards required to be adopted under section \n 1173 of the Social Security Act (42 U.S.C. 1320d-2).\n (b) Reductions.--\n (1) Model form 14 days late.--If the Secretary fails to \n promulgate the model form described in section 1(a)(4) by the date \n that is 14 days after the deadline described in such section, the \n amount referred to in subsection (a) shall be reduced by 25 \n percent.\n (2) Model form 30 days late.--If the Secretary fails to \n promulgate the model form described in section 1(a)(4) by the date \n that is 30 days after the deadline described in such section, the \n amount referred to in subsection (a) shall be reduced by 50 \n percent.\n (3) Model form 45 days late.--If the Secretary fails to \n promulgate the model form described in section 1(a)(4) by the date \n that is 45 days after the deadline described in such section, the \n amount referred to in subsection (a) shall be reduced by 75 \n percent.\n (4) Model form 60 days late.--If the Secretary fails to \n promulgate the model form described in section 1(a)(4) by the date \n that is 60 days after the deadline described in such section, the \n amount referred to in subsection (a) shall be reduced by 100 \n percent.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Administrative Simplification Compliance Act - Extends by one year the deadlines for compliance by health care providers, health plans other than small health plans, and health care clearinghouses with the standards for electronic health care transactions and code sets adopted under part C of title XI of the Social Security Act (SSA) by the Secretary of Health and Human Services only if, before the current deadline, such entity submits to the Secretary a plan for compliance with such standards. Directs the Secretary to furnish the National Committee on Vital and Health Statistics with a sample of such plans for analysis for reports containing effective solutions to compliance problems identified in the plans. Provides for exclusion from participation in Medicare for noncompliance. Amends SSA title XVIII to require the electronic submission of Medicare claims except in certain circumstances. Amends SSA title XI part C to include the MedicareChoice program as a health plan . Authorizes appropriations.","title":"To ensure that covered entities comply with the standards for electronic health care transactions and code sets adopted under part C of title XI of the Social Security Act, and for other purposes.","text_len":14800,"sum_len":1014} {"bill_id":"106_hr4382","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Air Force Work Force Renewal Act''.\n\nSEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES \n AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF \n THE AIR FORCE.\n\n (a) Separation Pay.--Section 5597(b) of title 5, United States \nCode, is amended by adding at the end the following: ``Under such \nprogram separation pay may also be offered for the purpose of \nmaintaining continuity of skills among employees of the Department of \nthe Air Force and adapting the skills of the workforce of such \nDepartment to emerging technologies critical to the needs and goals of \nsuch Department.''.\n (b) Retirement Under Civil Service Retirement System.--Section 8336 \nof such title is amended by adding at the end the following new \nsubsection:\n ``(o)(1) An employee of the Department of the Air Force who is \nseparated from the service voluntarily as a result of a determination \ndescribed in paragraph (2) after completing 25 years of service or \nafter becoming 50 years of age and completing 20 years of service is \nentitled to an annuity.\n ``(2) A determination under this paragraph is a determination by \nthe Secretary of the Air Force that the separation described in \nparagraph (1) is necessary for the purpose of maintaining continuity of \nskills among employees of the Department of the Air Force and adapting \nthe skills of the workforce of the Department to emerging technologies \ncritical to the needs and goals of the Department.''.\n (c) Retirement Under Federal Employees' Retirement System.--Section \n8414 of such title is amended by adding at the end the following new \nsubsection:\n ``(d)(1) An employee of the Department of the Air Force who is \nseparated from the service voluntarily as a result of a determination \ndescribed in paragraph (2) after completing 25 years of service or \nafter becoming 50 years of age and completing 20 years of service is \nentitled to an annuity.\n ``(2) A determination under this paragraph is a determination by \nthe Secretary of the Air Force that the separation described in \nparagraph (1) is necessary for the purpose of maintaining continuity of \nskills among employees of the Department of the Air Force and adapting \nthe skills of the workforce of the Department to emerging technologies \ncritical to the needs and goals of the Department.''.\n (d) Limitation of Applicability.--The authority to provide \nseparation pay and retirement benefits under the amendments made by \nthis section--\n (1) may be exercised with respect to not more than 1000 \n civilian employees of the Department of the Air Force during \n each calendar year; and\n (2) shall expire on the date that is five years after the \n date of the enactment of this Act.\n\nSEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR \n TECHNICAL PERSONNEL.\n\n (a) Program Authorized.--During the 5-year period beginning on the \ndate of the enactment of this Act, the Secretary of the Air Force may \ncarry out a program of experimental use of the special personnel \nmanagement authority provided in subsection (b) in order to facilitate \nrecruitment of civilian personnel to perform the following:\n (1) Research and exploratory or advanced development.\n (2) Acquisition of major weapons systems, excluding \n sustainment activities.\n (b) Special Personnel Management Authority.--(1) Under the program, \nthe Secretary may--\n (A) appoint eminent scientists and engineers from outside \n the civil service and uniformed services (as such terms are \n defined in section 2101 of title 5, United States Code) to not \n more than 62 positions in the Department of the Air Force \n without regard to the provisions of such title governing the \n appointment of employees in the civil service, except that the \n Secretary shall--\n (i) provide for consideration of veterans' \n preference eligibility as described in section 2108 of \n such title; and\n (ii) follow merit system principles, as established \n in chapter 23 of such title;\n (B) prescribe the rates of basic pay for positions to which \n employees are appointed under subparagraph (A) at rates not in \n excess of the rate payable for positions at level I of the \n Executive Schedule under section 5312 of such title; and\n (C) make payments to any employee appointed under \n subparagraph (A) in addition to basic pay within the limitation \n applicable to the employee under subsection (d)(1).\n (2) Of the 62 positions described in paragraph (1)--\n (A) 50 of such positions shall be allocated to \n organizations performing research and exploratory or advanced \n development; and\n (B) 12 of such positions shall be allocated to \n organizations whose primary mission is the development and \n acquisition of major weapons systems, excluding sustainment \n activities.\n (c) Limitation on Term of Appointment.--(1) Except as provided in \nparagraph (2), the service of an employee under an appointment under \nsubsection (b)(1) may not exceed 4 years.\n (2) The Secretary may, in the case of a particular employee, extend \nthe period to which service is limited under paragraph (1) by not more \nthan 2 years if the Secretary determines that such action in necessary \nto promote the efficiency of the Department of the Air Force.\n (d) Limitations on Additional Payments.--(1) The total amount of \nadditional payments paid to an employee under subsection (b)(1)(C) for \nany 12-month period may not exceed the lesser of the following amounts:\n (A) $25,000.\n (B) The amount equal to 25 percent of the employee's annual \n rate of basic pay.\n (2) An employee appointed under subsection (b)(1) is not eligible \nfor a bonus, monetary award, or other monetary incentive for service \nother than payments authorized under subsection (b)(1)(C).\n (e) Period of Program.--(1) The program authorized under this \nsection shall terminate at the end of the 5-year period referred to in \nsubsection (a).\n (2) After the termination of the program--\n (A) no appointment may be made under subsection (b)(1);\n (B) a rate of basic pay prescribed under subsection \n (b)(1)(B) may not take effect for a position; and\n (C) no period of service may be extended under subsection \n (c).\n (f) Savings Provisions.--In the case of an employee who, on the day \nbefore the termination of the program, is serving in a position \npursuant to an appointment under subsection (b)(1)--\n (1) the termination of the program shall not terminate the \n employee's employment in that position before the expiration of \n the lesser of--\n (A) the period for which the employee was \n appointed; or\n (B) the period to which the employee's service is \n limited under subsection (c), including any extension \n made under paragraph (2) of that subsection before the \n termination of the program; and\n (2) the rate of basic pay prescribed for the position under \n subsection (b)(1)(B) may not be reduced for so long (within the \n period applicable to the employee under paragraph (1)) as the \n employee continues to serve in the position without a break in \n service.\n (g) Annual Report.--(1) Not later than October 15 of each of years \n2001 through 2006, the Secretary shall submit a report on the program \nto the Committees on Armed Services of the Senate and the House of \nRepresentatives.\n (2) The annual report shall contain, for the period covered by the \nreport, the following:\n (A) A detailed discussion of the exercise of authority \n under this section.\n (B) The sources from which individuals appointed under \n subsection (b)(1) were recruited.\n (C) The methodology used for identifying and selecting such \n individuals.\n (D) Any additional information that the Secretary considers \n helpful for assessing the utility of the authority under this \n section.\n\nSEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM.\n\n (a) Program Authorized.--During the 5-year period beginning on the \ndate of the enactment of this Act, the Secretary of the Air Force may \ncarry out a program of experimental use of the authority provided in \nsubsections (b), (c), and (d) in order to facilitate recruitment of \ncivilian personnel to carry out the following:\n (1) Research and exploratory or advanced development.\n (2) Acquisition of major weapons systems, excluding \n sustainment activities.\n (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313, \n3317(a), and 3318(a) of title 5, United States Code, the Secretary may \nprovide that applicants for positions in the Department of the Air \nForce be evaluated according to a quality category rating system based \non relative degrees of merit, rather than according to numerical \nratings.\n (2) Under the system described in paragraph (1), each applicant who \nmeets the minimum qualification requirements shall be assigned to the \nappropriate category based on an evaluation of the quality of the \napplicant's knowledge, skills, and abilities relative to successful \nperformance in the position to be filled.\n (3) Within each such quality category, applicants who are eligible \nfor veterans' preference under section 2108 of such title shall have \npriority over applicants who are not eligible for such preference.\n (4)(A) Each applicant, other than applicants for scientific and \nprofessional positions at the GS-9 level or above, or the equivalent, \nwho meets the minimum qualifications requirements and who is eligible \nfor veterans' preference under section 2108(3)(C) of such title and who \nhas a compensable service-connected disability of 10 percent or more \nshall have the highest priority in the quality category.\n (B) Applicants for scientific or professional positions at the GS-9 \nlevel or above, or the equivalent, shall be listed within their \ncategory grouping, except that applicants who are eligible for \nveterans' preference under such section 2108 shall have priority over \napplicants who are not eligible for preference. Among preference \neligibles, preference shall be given without regard to the type of \npreference.\n (5) Under the system described in paragraph (1), an appointing \nofficial may select any qualified applicant within the highest \ncategory, except that such an official may not pass over a preference \neligible for an individual who is not a preference eligible in the same \ncategory unless the requirements of section 3312(b) or 3318(b) of title \n5, United States Code, are satisfied. If fewer than 3 applicants have \nbeen assigned to the highest category, an appointing official may \nselect any qualified applicant in the next lower category or \ncategories, if necessary to provide a pool of at least 3 qualified \napplicants. An appointing official may not pass over a preference \neligible applicant to select a nonpreference eligible applicant in a \nlower category.\n (c) Shortage and Critical Need Hiring Authority.--(1) \nNotwithstanding section 3304(b) of title 5, United States Code, the \nSecretary of the Air Force may appoint individuals into the competitive \nservice to fill civilian positions in the Department of the Air Force \nwithout competition, provided public notice has been given and the \npositions meet one of the following criteria:\n (A) There is a severe shortage of qualified candidates for \n the position.\n (B) There is a need for expedited hiring for the position.\n (C) The position is unique and has special qualifications.\n (D) The position has a historically high turnover rate.\n (2) The Secretary may appoint individuals with exceptional academic \nqualifications or special experience to positions described in \nparagraph (1). Individuals who qualify on the basis of education must \npossess a cumulative grade point average of 3.5 or higher on a 4.0 \nscale (or the equivalent grade point average on a different scale).\n (3) Applicants who are eligible for veterans' preference under \nsection 2108 of title 5, United States Code, shall have priority over \napplicants who are not eligible for such preference. Among preference \neligibles, a preference eligible applicant under subparagraphs (C) \nthrough (G) of section 2108(3) of such title shall have priority over \nan applicant who is eligible for preference under subparagraphs (A) or \n(B) of such section. An appointing official may not pass over a \npreference eligible applicant to select a nonpreference eligible \napplicant unless the requirements of section 3312(b) or 3318(b) of such \ntitle are satisfied.","summary":"Entitles employees who are voluntarily separated for the above reasons after completing 25 years of service or after becoming 50 years of age and completing 20 years of service to an annuity under either the Civil Service Retirement System or the Federal Employees' Retirement System. Limits the provision of such pay and annuity benefits to not more than 1000 employees in a calendar year. Terminates such authority five years after the enactment of this Act. Authorizes the Secretary of the Air Force, during the five-year period beginning on the enactment of this Act, to carry out a program of experimental use of special personnel management authority to appoint scientists and engineers from outside the civil service to perform: (1) research and exploratory or advanced development. And (2) acquisition of major weapons systems. Limits the number of such appointments to 62, with 50 appointed for the research and development positions and 12 for the acquisition positions. Limits the appointment term to four years, with an authorized two-year extension when necessary to promote Air Force efficiency. Limits the total amount to be paid to employees for any 12-month period as payments in addition to basic pay . Requires an annual program report from the Secretary to the congressional defense committees during 2001 through 2006. Authorizes the Secretary, during the same period, to carry out a program of experimental hiring for the above positions, using an employee rating system based on relative degrees of merit rather than numerical ratings. Gives priority to candidates with a service- connected disability rating of ten percent or more. Authorizes the Secretary to appoint individuals to fill civilian Air Force positions without competition, provided that public notice has been given and: (1) there is a severe shortage of qualified candidates, (2) there is a need for expediting such hiring, (3) the position is unique and has special qualifications. Or (4) the position has a historically high turnover rate. Authorizes the Secretary to appoint to such positions individuals with exceptional academic qualifications or special experience. Gives priority to applicants who are eligible for the veterans' preference.","title":"Air Force Work Force Renewal Act","text_len":13172,"sum_len":2237} {"bill_id":"111_hr4170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Any TARP Extension Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) On October 7, 2008, Congress established the Troubled \n Assets Relief Program (TARP) as part of the Emergency Economic \n Stabilization Act (Public Law 110-343; 122 Stat. 3765) and \n allocated $700,000,000,000 for the purchase of toxic assets \n from banks with the goal of restoring liquidity to the \n financial sector and restarting the flow of credit in our \n markets.\n (2) The Secretary of the Treasury, without consultation \n with the Congress, changed the purpose of Troubled Assets \n Relief Program and began injecting capital into financial \n institutions through a program called the Capital Purchase \n Program (CPP) rather than purchasing toxic assets.\n (3) Lending by financial institutions was not noticeably \n increased with the implementation of the Capital Purchase \n Program and the expenditure of $250,000,000,000 of the funds \n under the Troubled Assets Relief Program, despite the goal of \n the program.\n (4) The recipients of amounts under the Capital Purchase \n Program are now faced with additional restrictions related to \n accepting those funds.\n (5) A number of community banks and large financial \n institutions have expressed their desire to return their \n Capital Purchase Program funds to the Secretary of the Treasury \n and the Secretary has begun the process of accepting receipt of \n such funds.\n (6) The Secretary of the Treasury should not unilaterally \n determine how these returned funds are spent in the future and \n the Congress should play a role in any determination of future \n spending of funds returned through the Troubled Assets Relief \n Program.\n\nSEC. 3. REPEAL OF TARP EXTENSION AUTHORITY.\n\n Section 120 of the Emergency Economic Stabilization Act of 2008 (12 \nU.S.C. 5230) is amended--\n (1) by striking ``(a) Termination.--''; and\n (2) by striking subsection (b).\n\nSEC. 4. DEBT REDUCTION.\n\n Subsection (d) of section 106 of the Emergency Economic \nStabilization Act of 2008 (12 U.S.C. 5216(d)) is amended to read as \nfollows:\n ``(d) Debt Reduction.--\n ``(1) In general.--The Secretary of the Treasury shall \n deposit in Public Debt Reduction Payment Account--\n ``(A) all remaining funds available under this \n title not later than 30 days after the date of \n enactment of this section;\n ``(B) any amounts received by the Secretary for \n repayment of financial assistance, for payment of any \n interest on the receipt of such financial assistance by \n an entity that has received financial assistance under \n this title or any program enacted by the Secretary \n under the authorities granted to the Secretary under \n this title, including the Capital Purchase Program; and\n ``(C) revenues of, and proceeds from the sale of \n troubled assets purchased under this title, or from the \n sale, exercise, or surrender of warrants or senior debt \n instruments acquired under section 113.\n ``(2) Public debt reduction payment account.--The term \n `Public Debt Reduction Payment Account' means the account \n established under section 3114 of title 31, United States \n Code.''.\n\nSEC. 5. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n (a) In General.--Subchapter I of chapter 31 of title 31, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3114. Public Debt Reduction Payment Account\n ``(a) Account Established.--There is hereby established in the \nTreasury of the United States an account to be known as the Public Debt \nReduction Payment Account (hereinafter in this section referred to as \nthe `Account').\n ``(b) Use of Account.--The Secretary of the Treasury shall use \namounts in the Account to pay at maturity, or to redeem or buy before \nmaturity, any obligation of the Government held by the public and \nincluded in the public debt. Any obligation which is paid, redeemed, or \nbought with amounts from the account shall be canceled and retired and \nmay not be reissued. Amounts deposited in the account are appropriated \nand may only be expended to carry out this section.\n ``(c) Deposits.--There shall be deposited in the Account any \namounts which are received by the Secretary of the Treasury pursuant to \nsection 137 of the Emergency Economic Stabilization Act of 2008. The \nfunds deposited to this account shall remain available until expended.\n ``(d) Implementation.--The Secretary of the Treasury and the \nDirector of the Office of Management and Budget shall each take such \nactions as may be necessary to promptly carry out this section in \naccordance with sound debt management policies.\n ``(e) Coordination With Debt Management.--Reducing the debt \npursuant to this section shall not interfere with the debt management \npolicies or goals of the Secretary of the Treasury.''.\n (b) Clerical Amendment.--The table of contents for chapter 31 of \ntitle 31, United States Code, is amended by inserting after the item \nrelating to section 3113 the following new item:\n\n``3114. Public Debt Reduction Payment Account.''.\n\nSEC. 6. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.\n\n Section 3101(b) of title 31, United States Code, is amended by \ninserting ``minus the aggregate amounts deposited into the Public Debt \nReduction Payment Account pursuant to section 3114(c)'' before ``, \noutstanding at one time''.\n\nSEC. 7. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n Notwithstanding any other provision of law, the receipts and \ndisbursements of the Public Debt Reduction Payment Account established \nby section 3114 of title 31, United States Code, shall not be counted \nas new budget authority, outlays, receipts, or deficit or surplus for \npurposes of--\n (1) the budget of the United States Government as submitted \n by the President;\n (2) the congressional budget; or\n (3) the Balanced Budget and Emergency Deficit Control Act \n of 1985.\n\nSEC. 8. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET \n PRONOUNCEMENTS.\n\n (a) In General.--Any official statement issued by the Office of \nManagement and Budget, the Congressional Budget Office, or any other \nagency or instrumentality of the Federal Government of surplus or \ndeficit totals of the budget of the United States Government as \nsubmitted by the President or of the surplus or deficit totals of the \ncongressional budget, and any description of, or reference to, such \ntotals in any official publication or material issued by either of such \nOffices or any other such agency or instrumentality, shall exclude the \noutlays and receipts of the Public Debt Reduction Payment Account \nestablished by section 3114 of title 31, United States Code.\n (b) Separate Public Debt Reduction Payment Account Budget \nDocuments.--The excluded outlays and receipts of the Public Debt \nReduction Payment Account established by section 3114 of title 31, \nUnited States Code, shall be submitted in separate budget documents.","summary":"Stop Any TARP Extension Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to: (1) terminate on December 31, 2009 , the authority of the Secretary of the Treasury to implement the Troubled Asset Relief Program (TARP). And (2) repeal the Secretary's authority to extend the TARP program through October 3, 2010, upon submission of a written certification to Congress. Revises the requirement that revenues of and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP, be paid into the general fund of the Treasury for reduction of the public debt. Establishes the Public Debt Reduction Payment Account. Directs the Secretary to deposit into the Account the following: (1) all remaining EESA funds. (2) amounts received for repayment of financial assistance, as well as payment of interest by a recipient of such assistance under TARP or any related program, including the Capital Purchase Program. And (3) revenues and proceeds from the sale of troubled assets that were purchased under EESA, or from the sale, exercise, or surrender of warrants or senior debt instruments, as under current law. Instructs the Secretary to: (1) use amounts in the Account to pay at maturity any obligation of the government held by the public and included in the public debt. And (2) deposit into the Account specified funds received by the Secretary pursuant to EESA. Lowers the statutory limit on the public debt by the aggregate amounts deposited into the Public Debt Reduction Payment Account. Prohibits the receipts and disbursements of the Account from being counted as new budget authority, outlays, receipts, or deficit or surplus for presidential or congressional budget purposes, and requires their exclusion from any official budget statements.","title":"To amend the Emergency Economic Stabilization Act of 2008 to strike the authority of the Secretary of the Treasury to extend the Troubled Asset Relief Program after 2009, and for other purposes.","text_len":7572,"sum_len":1873} {"bill_id":"108_hr5034","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Randy Barrett Act''.\n\nSEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON \n DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.\n\n (a) Disability Insurance Benefits.--Section 223(a) of the Social \nSecurity Act (42 U.S.C. 423(a)) is amended by adding at the end the \nfollowing new paragraph:\n ``(3)(A) In the case of any individual who is terminally ill and is \nnot entitled to disability insurance benefits under this section for \nany month solely by reason of the waiting period under clause (i) in \nthe first sentence of paragraph (1), the Commissioner of Social \nSecurity shall waive the application of the waiting period, and, \nnotwithstanding clauses (i) and (ii) of the first sentence of paragraph \n(1), such individual shall be entitled to disability insurance benefits \nfor each month, beginning with the first month during all of which such \nindividual is under a disability and in which such individual would \nbecome so entitled to such insurance benefits under such sentence but \nfor such waiting period, and ending as provided in paragraph (1).\n ``(B) For purposes of subparagraph (A), an individual is considered \nto be `terminally ill' if the individual has a medical prognosis, \ncertified by a physician, that the individual's life expectancy is 12 \nmonths or less.''.\n (b) Widow's Insurance Benefits Based on Disability.--Section \n202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the \nend the following new subparagraph:\n ``(C)(i) In the case of any individual who is terminally ill and is \nnot entitled to widow's insurance benefits under this section for any \nmonth solely by reason of the waiting period under paragraph (1)(F)(i), \nthe Commissioner of Social Security shall waive the application of the \nwaiting period, and, notwithstanding clauses (i) and (ii) of paragraph \n(1)(F), such individual shall be entitled to widow's insurance benefits \nfor each month, beginning with the first month during all of which she \nis under a disability and in which she would become so entitled to such \ninsurance benefits under paragraph (1) but for such waiting period, and \nending as provided in paragraph (1).\n ``(ii) For purposes of this subparagraph, an individual is \nconsidered to be `terminally ill' if the individual has a medical \nprognosis, certified by a physician, that the individual's life \nexpectancy is 12 months or less.''.\n (c) Widower's Insurance Benefits Based on Disability.--Section \n202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the \nend the following new subparagraph:\n ``(C)(i) In the case of any individual who is terminally ill and is \nnot entitled to widower's insurance benefits under this section for any \nmonth solely by reason of the waiting period under paragraph (1)(F)(i), \nthe Commissioner of Social Security shall waive the application of the \nwaiting period, and, notwithstanding clauses (i) and (ii) of paragraph \n(1)(F), such individual shall be entitled to widower's insurance \nbenefits for each month, beginning with the first month during all of \nwhich he is under a disability and in which he would become so entitled \nto such insurance benefits under paragraph (1) but for such waiting \nperiod, and ending as provided in paragraph (1).\n ``(ii) For purposes of this subparagraph, an individual is \nconsidered to be `terminally ill' if the individual has a medical \nprognosis, certified by a physician, that the individual's life \nexpectancy is 12 months or less.''.\n (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of \nsuch Act (42 U.S.C. 416(i)(2)(A)) is amended--\n (1) by inserting ``(i)'' after ``(2)(A)'';\n (2) by inserting ``(I)'' after ``but only if'';\n (3) by inserting ``(II)'' after ``duration or''; and\n (4) by adding at the end the following new clause:\n ``(ii) In any case in which an individual is terminally ill and a \nmonth is not included within a period of disability of such individual \nsolely by reason of the 5-month duration requirement under clause \n(i)(I), the Commissioner of Social Security shall waive the application \nof such requirement, and, notwithstanding clause (i)(I), such month \nshall be included in a period of disability. For purposes of this \nsubparagraph, an individual is considered to be `terminally ill' if the \nindividual has a medical prognosis, certified by a physician, that the \nindividual's life expectancy is 12 months or less.''.\n\nSEC. 3. EFFECTIVE DATES.\n\n The amendments made by subsection (a) of section 2 of this Act \nshall apply only with respect to benefits under section 223 of the \nSocial Security Act, or under section 202 of such Act on the basis of \nthe wages and self-employment income of an individual entitled to \nbenefits under such section 223, for months beginning after the date of \nthe enactment of this Act. The amendments made by subsections (b) and \n(c) of section 2 of this Act shall apply only with respect to benefits \nbased on disability under subsection (e) or (f) of section 202 of the \nSocial Security Act for months after the date of the enactment of this \nAct. The amendments made by subsection (d) of section 2 of this Act \nshall apply only with respect to applications for disability \ndeterminations filed under title II of the Social Security Act after \nthe date of the enactment of this Act.","summary":"Randy Barrett Act - Amends title II (OASDI) of the Social Security Act to require the Commissioner of Social Security to waive the five-month waiting period for entitlement to benefits based on disability in the case of any individual who is terminally ill and is not entitled to disability insurance benefits under OASDI for any month solely by reason of such waiting period.","title":"To amend title II of the Social Security Act to require waiver of the 5-month waiting period for entitlement to benefits based on disability in the case of a terminally ill beneficiary.","text_len":5452,"sum_len":376} {"bill_id":"109_s1723","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Working Waterfront Preservation Act \nof 2005''.\n\nSEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.\n\n The Magnuson-Stevens Fishery Conservation and Management Act (16 \nU.S.C. 1801 et seq.) is amended by adding at the end the following new \ntitle:\n\n ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS\n\n``SEC. 501. DEFINITIONS.\n\n ``In this title:\n ``(1) Coastal state.--The term `Coastal State' has the \n meaning given the term `coastal state' in section 304 of the \n Coastal Zone Management Act of 1972 (16 U.S.C. 1453).\n ``(2) Coastal waters.--The term `coastal waters' has the \n meaning given that term in section 304 of the Coastal Zone \n Management Act of 1971 (16 U.S.C. 1453).\n ``(3) Eligible entity.--The term `eligible entity' means--\n ``(A) the government of a Coastal State;\n ``(B) a unit of local government within a Coastal \n State; or\n ``(C) a nonprofit organization or a fishing \n cooperative that the Secretary determines is \n appropriate to receive a grant under section 502.\n ``(4) Eligible project.--The term `eligible project' \n means--\n ``(A) a project to acquire real property or an \n interest in real property located in a Coastal State \n for the purpose of providing access to persons engaged \n in the commercial fishing industry or the aquaculture \n industry to coastal waters in working waterfront areas; \n or\n ``(B) a project to make improvements to real \n property located in a Coastal State and owned by an \n eligible entity, including the construction or repair \n of wharfs or related facilities, to provide access to \n persons engaged in the commercial fishing industry or \n the aquaculture industry to coastal waters in working \n waterfront areas.\n ``(5) Fishing cooperative.--The term `fishing cooperative' \n means a fishing or fish marketing association organized in a \n coastal state for the purpose of a promoting, fostering, and \n encouraging fishing or marketing of fish and fishery products \n through cooperation of its members and for the benefit of their \n members as producers of such products.\n ``(6) Nonprofit organization.--The term `nonprofit \n organization' means an organization that is--\n ``(A) described in section 501(c) of the Internal \n Revenue Code of 1986; and\n ``(B) exempt from taxation under section 501(a) of \n the Internal Revenue Code of 1986.\n ``(7) State fisheries official.--The term `State fisheries \n official' means the principal State official with marine \n fishery management responsibility and expertise in a coastal \n State, who is designated as such by the Governor of the State, \n so long as the official continues to hold such position, or the \n designee of such official.\n ``(8) Working waterfront areas.--The term `working \n waterfront areas' means land that is used for or that supports \n commercial fishing or the aquaculture industry.\n\n``SEC. 502. GRANT PROGRAM.\n\n ``(a) In General.--The Secretary is authorized to award a grant to \nan eligible entity for the purpose of carrying out an eligible project.\n ``(b) Considerations.--In awarding a grant for an eligible project \nunder this section, the Secretary shall consider--\n ``(1) the need for the eligible project based on the \n assessment of need submitted under subsection (c)(2)(A);\n ``(2) the economic significance of the eligible project to \n the commercial fishing industry or the aquaculture industry in \n the immediate vicinity and in the Coastal State in which the \n eligible project is located;\n ``(3) the degree of community support for the eligible \n project;\n ``(4) the level of threat of that the property proposed to \n be acquired or improved with such grant will be converted to \n uses incompatible with commercial fishing or the aquaculture \n industry;\n ``(5) the utility of the eligible project for commercial \n fishing or the aquaculture industry, with respect to the \n natural characteristics and developed infrastructure of the \n property proposed to be acquired;\n ``(6) whether a business plan or a harbor plan exists for \n the area in which the project will be located and whether the \n eligible project is consistent with such plan;\n ``(7) for an eligible project described in section \n 501(4)(A), the availability of alternative real property or an \n alternative interest in real property that would ensure that \n persons engaged in the commercial fishing industry or the \n aquaculture industry have access to coastal waters in working \n waterfront areas; and\n ``(8) whether a land use plan exists for the area in which \n the project will be located and whether the project is \n consistent with such plan.\n ``(c) Application and Review.--\n ``(1) In general.--An eligible entity that seeks a grant \n under this section shall submit to the appropriate State \n fisheries official, at such time and in such manner as the \n Secretary shall prescribe, an application for the grant.\n ``(2) Assessment of need.--An application for a grant may \n be considered by the Secretary if the appropriate State \n fisheries official--\n ``(A) prepares an assessment of the need for the \n proposed eligible project, taking into account--\n ``(i) the needs of the commercial fishing \n industry or the aquaculture industry in the \n State;\n ``(ii) the needs of other industries and \n other parties in the area in which the project \n will be located;\n ``(iii) whether alternative sites exist for \n the proposed project; and\n ``(iv) the social and cultural value of the \n industries to the affected community and State; \n and\n ``(B) submits to the Secretary--\n ``(i) the application submitted under \n paragraph (1); and\n ``(ii) the assessment of need prepared \n under subparagraph (A).\n ``(d) Cost Sharing.--\n ``(1) In general.--The amount of a grant awarded under this \n section to carry out an eligible project may not exceed 75 \n percent of the total cost of the eligible project.\n ``(2) Assurances.--As a condition of receipt of a grant \n under this section, an eligible entity shall provide to the \n Secretary such assurances as the Secretary determines are \n sufficient to demonstrate that the share of the cost of each \n eligible project that is not funded by the grant awarded under \n this section has been secured.\n ``(3) Form.--The share of the cost of carrying out an \n eligible project that is not funded by a grant awarded under \n this section may be provided in cash or in kind (including a \n donation of land).\n ``(e) Use of Grant Funds for Eligible Projects.--\n ``(1) Purchases.--\n ``(A) In general.--Except as provided in \n subparagraph (B), grants awarded under this section may \n be used to purchase privately-owned real property or \n interests in privately-owned real property, including \n easements, only from willing sellers at fair market \n value.\n ``(B) Sales at less than fair market value.--A \n grant awarded under this section may be used to acquire \n privately-owned real property or an interest in \n privately-owned real property at less than fair market \n value only if the owner certifies to the Secretary that \n the sale is being entered into willingly and without \n coercion.\n ``(C) No exercise of eminent domain.--No Federal, \n State, or local agency may exercise the power of \n eminent domain to secure title to any real property or \n facilities in connection with a project carried out \n under this title.\n ``(2) Title.--Title to real property or an interest in real \n property acquired with a grant awarded under this section may \n be held, as determined appropriate by the Secretary in \n consultation with the appropriate Coastal State, by--\n ``(A) the Coastal State;\n ``(B) a unit of local government of the Coastal \n State;\n ``(C) a nonprofit organization; or\n ``(D) a fishing cooperative.\n ``(f) Continued Access to Coastal Waters.--\n ``(1) Requirement for agreement.--The Secretary shall enter \n into an agreement with an eligible entity that receives a grant \n under this section. Such agreement shall require the eligible \n entity to provide the Secretary the assurances that the \n Secretary determines are appropriate to ensure that the \n eligible project is not converted to a use that is inconsistent \n with the purposes for which the grant was awarded.\n ``(2) Reversionary interest.--\n ``(A) In general.--If the Governor of a Coastal \n State makes a determination described in subparagraph \n (B), all right, title, and interest in and to the \n property shall, except as provided in subparagraph (C), \n revert, at the option of the Governor, to the Coastal \n State, and the State shall have the right of immediate \n entry onto the property. Any determination of the \n Governor under this paragraph shall be made on the \n record after an opportunity for a hearing.\n ``(B) Determination.--The determination referred to \n in subparagraph (A) is a determination that--\n ``(i) the unit of local government or \n nonprofit organization is unable or unwilling \n to enforce the terms of the easement; or\n ``(ii) the easement has been modified in a \n manner that is inconsistent with the purposes \n for which the grant was awarded.\n ``(C) Conveyance to another unit of local \n government or nonprofit organization.--If the Governor \n of a Coastal State makes a determination under \n subparagraph (B), the State may convey or authorize the \n unit of local government or nonprofit organization to \n convey the easement to another unit of local government \n or nonprofit organization.\n ``(g) Approval or Disapproval.--\n ``(1) In general.--Subject to paragraph (2), as soon as \n practicable after the date on which the Secretary receives an \n application under subsection (c)(2)(B), the Secretary shall--\n ``(A) review the application; and\n ``(B)(i) award a grant to the applicant; or\n ``(ii) disapprove the application and provide the \n applicant a statement that describes the reasons why \n the application was disapproved, including a deadline \n by which the applicant may resubmit the application.\n ``(h) Administrative Costs.--A Coastal State, on approval of the \nSecretary and subject to any regulations promulgated by the Secretary, \nmay use up to 10 percent of the amounts made available under this \nsection to pay the administrative costs of the Coastal State relating \nto the program.\n ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal \nRevenue Code of 1986, gross income shall not include 50 percent of the \ngain from the sale or exchange of private land or interests in private \nland in purchases described in subsection (e)(1).\n\n``SEC. 503. ANNUAL REPORT.\n\n ``The Secretary shall submit to Congress an annual report that \ndescribes the eligible projects carried out using grants awarded under \nthis title.''.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATION.\n\n There are authorized to be appropriated to the Secretary of \nCommerce $50,000,000 for each of the fiscal years 2005 and 2007 to \ncarry out the provisions of title V of the Magnuson-Stevens Fishery \nConservation and Management Act, as added by section 2.","summary":"Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas. Or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.","title":"A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a grant program to ensure waterfront access for commercial fisherman, and for other purposes.","text_len":13438,"sum_len":631} {"bill_id":"113_hr329","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Background Checks Act \nof 2013''.\n\nSEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA AVAILABLE TO THE \n NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.\n\n (a) Increased Mandatory Penalties.--Section 104(b) of the NICS \nImprovement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by \nstriking paragraph (3) and inserting after paragraph (2) the following \nnew paragraphs:\n ``(3) Increased mandatory reductions.--Notwithstanding \n paragraphs (1) and (2), after the expiration of the period \n referred to in section 107(b), the Attorney General shall \n withhold 10 percent of the amount that would otherwise be \n allocated to a State under section 505 of title I of the \n Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n 3755), if--\n ``(A) the State fails to comply with section 107; \n or\n ``(B) the State provides less than 90 percent of \n the records required to be provided under sections 102 \n and 103.\n ``(4) Waivers by attorney general.--The Attorney General \n may--\n ``(A) waive the applicability of paragraph (2) to a \n State if the State provides substantial evidence, as \n determined by the Attorney General, that the State is \n making a reasonable effort to comply with the \n requirements of sections 102 and 103, including an \n inability to comply due to court order or other legal \n restriction;\n ``(B) waive the applicability of paragraph (3) to a \n State for one year if the State provides substantial \n evidence, as determined by the Attorney General, that \n the State is making a reasonable effort to comply with \n the requirements of sections 102, 103, and 107, \n including an inability to comply due to court order, \n conflicts between section 107 and the constitution of \n the State, or other legal restriction; and\n ``(C) waive the applicability of paragraph (3), in \n part, to a State for which the waiver period under \n subparagraph (B) has expired, for additional one-year \n periods, if--\n ``(i) the State provides substantial \n evidence, as determined by the Attorney \n General, that the State is making a reasonable \n effort to comply with the requirements of \n sections 102, 103, and 107, including an \n inability to comply due to court order, \n conflicts between section 107 and the \n constitution of the State, or other legal \n restriction; and\n ``(ii) the Attorney General withholds 5 \n percent of the amount that would otherwise be \n allocated to a State under section 505 of title \n I of the Omnibus Crime Control and Safe Streets \n Act of 1968 (42 U.S.C. 3755) for each such one-\n year period.''.\n (b) State Laws Requiring Provision of Records.--Title I of the NICS \nImprovement Amendments Act of 2007 (18 U.S.C. 922 note) is further \namended by inserting after section 106 the following new section:\n\n``SEC. 107. STATE LAWS REQUIRING PROVISION OF RECORDS.\n\n ``(a) In General.--For each fiscal year after the expiration of the \nperiod specified in subsection (b), the State shall have in effect \nthroughout the State laws and policies that--\n ``(1) require the State to provide to the Attorney General \n not less than 90 percent of the records required to be provided \n under sections 102 and 103; and\n ``(2) require the State to provide such records to the \n Attorney General in the same manner, or in a manner \n substantially similar to, the manner in which such records are \n required to be provided by the State under such sections.\n ``(b) Compliance Period.--Each State shall have not more than 2 \nyears from the date of enactment of the Strengthening Background Checks \nAct of 2013 in which to fully implement this section.''.\n (c) Authorization and Appropriation for Implementation Assistance \nto States.--\n (1) Authorization of appropriations.--Section 103(e) of the \n NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is \n amended--\n (A) in paragraph (1), by striking ``$125,000,000 \n for fiscal year 2012'' and all that follows and \n inserting ``and $125,000,000 for each of fiscal years \n 2012 through 2015.''; and\n (B) in paragraph (2), by striking ``fiscal years \n 2011, 2012, and 2013'' and inserting ``each of fiscal \n years 2011 through 2015''.\n (2) Appropriation.--\n (A) In general.--There are hereby appropriated for \n the first fiscal year beginning after the date of \n enactment of this Act, out of funds in the Treasury not \n otherwise appropriated, $125,000,000 to carry out the \n grant program authorized under section 103 of the NICS \n Improvement Amendments Act of 2007 (18 U.S.C. 922 \n note).\n (B) Offset.--Of the unobligated balances available \n under the Department of Justice Assets Forfeiture Fund, \n $125,000,000 are permanently cancelled.","summary":"Strengthening Background Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 to require each state, for each fiscal year after a two-year period after this Act's enactment, to have in effect laws and policies that require it to: (1) provide to the Attorney General not less than 90 of the records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm that are required to be provided under such Act for the National Instant Criminal Background Check System. And (2) provide such records to the Attorney General in the same manner, or in a manner substantially similar to, that in which such records are required to be provided by the state under such Act. Directs the Attorney General to withhold 10 of the Edward Byrne Memorial Justice Assistance Grant funds that would otherwise be allocated to the state if the state fails to comply with such requirements. Authorizes the Attorney General to waive such withholding for a state: (1) for one year if the state provides substantial evidence that it is making a reasonable effort to comply. And (2) for additional one-year periods if the state provides substantial evidence that it is making a reasonable effort to comply and if the Attorney General withholds 5 of the amount that would otherwise be allocated to a state for each one-year period. Authorizes appropriations for FY2012-FY2015 for grants under such Act to states and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations. Appropriates such authorized amount for the first fiscal year beginning after enactment of this Act and cancels a corresponding amount of the unobligated balances available under the Department of Justice Assets Forfeiture Fund.","title":"Strengthening Background Checks Act of 2013","text_len":5906,"sum_len":1812} {"bill_id":"115_s224","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Interstate Abortion \nNotification Act''.\n\nSEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS \n RELATING TO ABORTION.\n\n Part I of title 18, United States Code, is amended by inserting \nafter chapter 117 the following:\n\n ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN \n LAWS RELATING TO ABORTION\n\n``Sec.\n``2431. Transportation of minors in circumvention of certain laws \n relating to abortion.\n``2432. Transportation of minors in circumvention of certain laws \n relating to abortion and incest.\n``Sec. 2431. Transportation of minors in circumvention of certain laws \n relating to abortion\n ``(a) Offense.--\n ``(1) Generally.--Except as provided in subsection (b), \n whoever knowingly transports a minor across a State line, with \n the intent that the minor obtain an abortion, and thereby in \n fact abridges the right of a parent of the minor under a law \n requiring parental involvement in a minor's abortion decision, \n in force in the State in which the minor resides, shall be \n fined under this title or imprisoned not more than 1 year, or \n both.\n ``(2) Definition.--For the purposes of this subsection, an \n abridgement of the right of a parent of a minor occurs if an \n abortion is performed or induced on the minor, in a State other \n than the State in which the minor resides or in a foreign \n country, without the parental consent or notification, or the \n judicial authorization, that would have been required under a \n law requiring parental involvement in a minor's abortion \n decision had the abortion been performed in the State in which \n the minor resides.\n ``(b) Exceptions.--\n ``(1) Life-endangering conditions.--The prohibition under \n subsection (a) shall not apply if the abortion is necessary to \n save the life of the minor because her life is endangered by a \n physical disorder, physical injury, or physical illness, \n including a life endangering physical condition caused by or \n arising from the pregnancy itself.\n ``(2) Minors and parents.--A minor transported in violation \n of this section, and any parent of that minor, may not be \n prosecuted or sued for a violation of this section, a \n conspiracy to violate this section, or an offense under section \n 2 or 3 of this title based on a violation of this section.\n ``(c) Affirmative Defense.--It is an affirmative defense to a \nprosecution for an offense, or to a civil action, based on a violation \nof this section that the defendant--\n ``(1) reasonably believed, based on information the \n defendant obtained directly from a parent of the minor, that \n before the minor obtained the abortion, the parental consent or \n notification took place that would have been required under the \n law requiring parental involvement in a minor's abortion \n decision, had the abortion been performed in the State in which \n the minor resides; or\n ``(2) was presented with documentation showing with a \n reasonable degree of certainty that a court in the minor's \n State of residence waived any parental notification required by \n the laws of that State, or otherwise authorized that the minor \n be allowed to procure an abortion.\n ``(d) Civil Action.--Any parent who suffers harm from a violation \nof subsection (a) may obtain appropriate relief in a civil action \nunless the parent has committed an act of incest with the minor \ndescribed in subsection (a).\n ``(e) Definitions.--For the purposes of this section--\n ``(1) the term `abortion' means the use or prescription of \n any instrument, medicine, drug, or other substance or device to \n intentionally--\n ``(A) kill the unborn child of a woman known to be \n pregnant; or\n ``(B) prematurely terminate the pregnancy of a \n woman known to be pregnant, with an intention other \n than to--\n ``(i) increase the probability of a live \n birth or of preserving the life or health of \n the child after live birth; or\n ``(ii) remove a dead unborn child;\n ``(2) the term `law requiring parental involvement in a \n minor's abortion decision' means a law--\n ``(A) requiring, before an abortion is performed on \n a minor, either--\n ``(i) the notification to, or consent of, a \n parent of that minor; or\n ``(ii) proceedings in a State court; and\n ``(B) that does not provide as an alternative to \n the requirements described in subparagraph (A) \n notification to or consent of any person or entity not \n described in that subparagraph;\n ``(3) the term `minor' means an individual who is not older \n than the maximum age requiring parental notification or \n consent, or proceedings in a State court, under a law requiring \n parental involvement in a minor's abortion decision;\n ``(4) the term `parent' means--\n ``(A) a parent or guardian;\n ``(B) a legal custodian; or\n ``(C) an individual standing in loco parentis--\n ``(i) who has care and control of the \n minor;\n ``(ii) with whom the minor regularly \n resides; and\n ``(iii) who is designated by the law \n requiring parental involvement in the minor's \n abortion decision as an individual to whom \n notification, or from whom consent, is \n required; and\n ``(5) the term `State' includes--\n ``(A) the District of Columbia;\n ``(B) any commonwealth, possession, or other \n territory of the United States; and\n ``(C) any Indian tribe or reservation.\n``Sec. 2432. Transportation of minors in circumvention of certain laws \n relating to abortion and incest\n ``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has \ncommitted an act of incest with a minor and knowingly transports the \nminor across a State line with the intent that the minor obtain an \nabortion, shall be fined under this title or imprisoned not more than 1 \nyear, or both.\n ``(b) Definitions.--For the purposes of this section, the terms \n`abortion', `minor', and `State' have the meanings given those terms in \nsection 2435.''.\n\nSEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.\n\n Part I of title 18, United States Code, is amended by inserting \nafter chapter 117A (as added by section 2) the following:\n\n ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION\n\n``Sec.\n``2435. Child interstate abortion notification.\n``Sec. 2435. Child interstate abortion notification\n ``(a) Offense.--\n ``(1) Generally.--A physician who knowingly performs or \n induces an abortion on a minor in violation of the requirements \n of this section shall be fined under this title or imprisoned \n not more than 1 year, or both.\n ``(2) Parental notification.--\n ``(A) Actual notice.--A physician who performs or \n induces an abortion on a minor who is a resident of a \n State other than the State in which the abortion is \n performed or induced shall provide, or cause his or her \n agent to provide, not less than 24 hours actual notice \n to a parent of the minor before performing or inducing \n the abortion.\n ``(B) Constructive notice.--If actual notice to a \n parent under subparagraph (A) is not accomplished after \n a reasonable effort has been made, not less than 24 \n hours constructive notice shall be given to a parent of \n the minor before the abortion is performed or induced.\n ``(b) Exceptions.--The notification requirement under subsection \n(a)(2) shall not apply if--\n ``(1) the abortion is performed or induced in a State that \n has in force a law requiring parental involvement in a minor's \n abortion decision and the physician complies with the \n requirements of that law;\n ``(2) the physician is presented with documentation showing \n with a reasonable degree of certainty that a court in the \n minor's State of residence has waived any parental notification \n required by the laws of that State, or has otherwise authorized \n that the minor be allowed to procure an abortion;\n ``(3) the minor declares in a signed written statement that \n she is the victim of sexual abuse, neglect, or physical abuse \n by a parent, and, before an abortion is performed on the minor, \n the physician notifies the authorities specified to receive \n reports of child abuse or neglect by the law of the State in \n which the minor resides of the known or suspected abuse or \n neglect;\n ``(4) the abortion is necessary to save the life of the \n minor because her life was endangered by a physical disorder, \n physical injury, or physical illness, including a life \n endangering physical condition caused by or arising from the \n pregnancy itself, except that an exception under this paragraph \n shall not apply unless the attending physician or an agent of \n such physician, not later than 24 hours after completion of the \n abortion, notifies a parent of the minor in writing that an \n abortion was performed on the minor and of the circumstances \n that warranted invocation of this paragraph; or\n ``(5) the minor is physically accompanied by a person who \n presents the physician or his or her agent with documentation \n showing with a reasonable degree of certainty that he or she is \n in fact the parent of that minor.\n ``(c) Civil Action.--Any parent who suffers harm from a violation \nof subsection (a) may obtain appropriate relief in a civil action \nunless the parent has committed an act of incest with the minor \ndescribed in subsection (a).\n ``(d) Definitions.--For the purposes of this section--\n ``(1) the term `abortion' means the use or prescription of \n any instrument, medicine, drug, or other substance or device to \n intentionally--\n ``(A) kill the unborn child of a woman known to be \n pregnant; or\n ``(B) prematurely terminate the pregnancy of a \n woman known to be pregnant, with an intention other \n than to--\n ``(i) increase the probability of a live \n birth or of preserving the life or health of \n the child after live birth; or\n ``(ii) remove a dead unborn child;\n ``(2) the term `actual notice' means the giving of written \n notice directly, in person, by the physician or any agent of \n the physician;\n ``(3) the term `constructive notice' means notice that is \n given by certified mail, return receipt requested, restricted \n delivery to the last known address of the person being \n notified, with delivery deemed to have occurred 48 hours \n following noon on the next day subsequent to mailing on which \n regular mail delivery takes place, excluding days on which mail \n is not delivered;\n ``(4) the term `law requiring parental involvement in a \n minor's abortion decision' means a law--\n ``(A) requiring, before an abortion is performed on \n a minor, either--\n ``(i) the notification to, or consent of, a \n parent of that minor; or\n ``(ii) proceedings in a State court; and\n ``(B) that does not provide as an alternative to \n the requirements described in subparagraph (A) \n notification to or consent of any person or entity not \n described in that subparagraph;\n ``(5) the term `minor' means an individual who--\n ``(A) has not attained the age of 18 years; and\n ``(B) is not emancipated under the law of the State \n in which the minor resides;\n ``(6) the term `parent' means--\n ``(A) a parent or guardian;\n ``(B) a legal custodian; or\n ``(C) an individual standing in loco parentis--\n ``(i) who has care and control of the \n minor; and\n ``(ii) with whom the minor regularly \n resides,\n as determined by State law;\n ``(7) the term `physician' means--\n ``(A) a doctor of medicine legally authorized to \n practice medicine by the State in which the doctor \n practices medicine; or\n ``(B) any other person legally empowered under \n State law to perform an abortion; and\n ``(8) the term `State' includes--\n ``(A) the District of Columbia;\n ``(B) any commonwealth, possession, or other \n territory of the United States; and\n ``(C) any Indian tribe or reservation.''.\n\nSEC. 4. CLERICAL AMENDMENT.\n\n The table of chapters at the beginning of part I of title 18, \nUnited States Code, is amended by inserting after the item relating to \nchapter 117 the following new items:\n\n``117A. Transportation of minors in circumvention of certain 2431 \n laws relating to abortion.\n``117B. Child interstate abortion notification.............. 2435''.\n\nSEC. 5. SEVERABILITY AND EFFECTIVE DATE.\n\n (a) Severability.--The provisions of this Act shall be severable. \nIf any provision of this Act, or any application thereof, is found \nunconstitutional, that finding shall not affect any provision or \napplication of the Act not so adjudicated.\n (b) Effective Date.--This Act and the amendments made by this Act \nshall take effect 45 days after the date of enactment of this Act.","summary":"Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties8212. A fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties8212, a fine, up to one year in prison, or both.","title":"Child Interstate Abortion Notification Act","text_len":15064,"sum_len":1119} {"bill_id":"113_s1224","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Justice Tax Fairness Act of \n2013''.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF \n CERTAIN UNLAWFUL DISCRIMINATION.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by inserting before section 140 the \nfollowing new section:\n\n``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL \n DISCRIMINATION.\n\n ``(a) In General.--\n ``(1) Exclusion.--Gross income does not include amounts \n received by a claimant (whether by judgment or settlement and \n whether as lump sums or periodic payments) on account of a \n claim of unlawful discrimination.\n ``(2) Amounts covered.--For purposes of paragraph (1), the \n term `amounts' does not include--\n ``(A) backpay or frontpay, as defined in section \n 1302(b), or\n ``(B) punitive damages.\n ``(b) Unlawful Discrimination Defined.--For purposes of this \nsection, the term `unlawful discrimination' has the meaning given such \nterm by section 62(e).''.\n (b) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by inserting before the item relating to section 140 the \nfollowing new item:\n\n``Sec. 139E. Amounts received on account of certain unlawful \n discrimination.''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts received in taxable years beginning after December 31, \n2012.\n\nSEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND \n FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL \n EMPLOYMENT DISCRIMINATION.\n\n (a) In General.--Part I of subchapter Q of chapter 1 of the \nInternal Revenue Code of 1986 (relating to income averaging) is amended \nby adding at the end the following new section:\n\n``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF \n CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.\n\n ``(a) General Rule.--If employment discrimination backpay or \nfrontpay is received by a taxpayer during a taxable year, the tax \nimposed by this chapter for such taxable year shall not exceed the sum \nof--\n ``(1) the tax which would be so imposed if--\n ``(A) no amount of such backpay or frontpay were \n included in gross income for such year, and\n ``(B) no deduction were allowed for such year for \n expenses (otherwise allowable as a deduction to the \n taxpayer for such year) in connection with making or \n prosecuting any claim of unlawful employment \n discrimination by or on behalf of the taxpayer, plus\n ``(2) the product of--\n ``(A) the number of years in the backpay period and \n frontpay period, and\n ``(B) the amount by which the tax determined under \n paragraph (1) would increase if the amount on which \n such tax is determined were increased by the average \n annual net backpay and frontpay amount.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Employment discrimination backpay or frontpay.--The \n term `employment discrimination backpay or frontpay' means \n backpay or frontpay receivable (whether as lump sums or \n periodic payments) on account of a claim of unlawful employment \n discrimination.\n ``(2) Unlawful employment discrimination.--The term \n `unlawful employment discrimination' has the meaning provided \n the term `unlawful discrimination' in section 62(e).\n ``(3) Backpay and frontpay.--The terms `backpay' and \n `frontpay' mean amounts--\n ``(A) which are includible in gross income in the \n taxable year as compensation which is attributable--\n ``(i) in the case of backpay, to services \n performed, or that would have been performed \n but for a claimed violation of law, as an \n employee, former employee, or prospective \n employee before such taxable year for the \n taxpayer's employer, former employer, or \n prospective employer, and\n ``(ii) in the case of frontpay, to \n employment that would have been performed but \n for a claimed violation of law, in a taxable \n year or taxable years following the taxable \n year, and\n ``(B) which are received on account of a judgment \n or settlement resulting from a claim for a violation of \n law.\n ``(4) Backpay period.--The term `backpay period' means the \n period during which services are performed (or would have been \n performed) to which backpay is attributable. If such period is \n not equal to a whole number of taxable years, such period shall \n be increased to the next highest number of whole taxable years.\n ``(5) Frontpay period.--The term `frontpay period' means \n the period of foregone employment to which frontpay is \n attributable. If such period is not equal to a whole number of \n taxable years, such period shall be increased to the next \n highest number of whole taxable years.\n ``(6) Average annual net backpay and frontpay amount.--The \n term `average annual net backpay and frontpay amount' means the \n amount equal to--\n ``(A) the excess of--\n ``(i) employment discrimination backpay and \n frontpay, over\n ``(ii) the amount of deductions that would \n have been allowable but for subsection \n (a)(1)(B), divided by\n ``(B) the number of years in the backpay period and \n frontpay period.''.\n (b) Clerical Amendment.--The table of sections for part I of \nsubchapter Q of chapter 1 of the Internal Revenue Code of 1986 is \namended by inserting after section 1301 the following new item:\n\n``Sec. 1302. Income from backpay and frontpay received on account of \n certain unlawful employment \n discrimination.''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts received in taxable years beginning after December 31, \n2012.\n\nSEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT \n OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO \n INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.\n\n (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 \n(defining regular tax) is amended by redesignating paragraph (3) as \nparagraph (4) and by inserting after paragraph (2) the following:\n ``(3) Coordination with income averaging for amounts \n received on account of employment discrimination.--Solely for \n purposes of this section, section 1302 (relating to averaging \n of income from backpay or frontpay received on account of \n certain unlawful employment discrimination) shall not apply in \n computing the regular tax.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2012.","summary":"Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received on account of a claim of unlawful discrimination. (2) income averaging for backpay and frontpay amounts received from such claims, and (3)nbsp, an exemption from thenbsp. Alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.","title":"Civil Justice Tax Fairness Act of 2013","text_len":7817,"sum_len":455} {"bill_id":"106_s2907","text":"SECTION 1. EQUAL ACCESS TO JUSTICE REFORM.\n\n (a) Short Title.--This Act may be cited as the ``Equal Access to \nJustice Reform Amendments of 2000''.\n (b) Award of Costs and Fees.--\n (1) Administrative proceedings.--Section 504(a)(2) of title \n 5, United States Code, is amended by inserting after ``(2)'' \n the following: ``At any time after the commencement of an \n adversary adjudication covered by this section, the \n adjudicative officer may ask a party to declare whether such \n party intends to seek an award of fees and expenses against the \n agency should such party prevail.''.\n (2) Judicial proceedings.--Section 2412(d)(1)(B) of title \n 28, United States Code, is amended by inserting after ``(B)'' \n the following: ``At any time after the commencement of an \n adversary adjudication covered by this section, the court may \n ask a party to declare whether such party intends to seek an \n award of fees and expenses against the agency should such party \n prevail.''.\n (c) Payment From Agency Appropriations.--\n (1) Administrative proceedings.--Section 504(d) of title 5, \n United States Code, is amended by adding at the end the \n following: ``Fees and expenses awarded under this subsection \n may not be paid from the claims and judgments account of the \n Treasury from funds appropriated pursuant to section 1304 of \n title 31.''.\n (2) Judicial proceedings.--Section 2412(d)(4) of title 28, \n United States Code, is amended by adding at the end the \n following: ``Fees and expenses awarded under this subsection \n may not be paid from the claims and judgments account of the \n Treasury from funds appropriated pursuant to section 1304 of \n title 31.''.\n (d) Taxpayers' Recovery of Costs, Fees, and Expenses.--\n (1) Administrative proceedings.--Section 504 of title 5, \n United States Code, is amended by striking subsection (f).\n (2) Judicial proceedings.--Section 2412 of title 28, United \n States Code, is amended by striking subsection (e).\n (e) Offers of Settlement.--\n (1) Administrative proceedings.--Section 504 of title 5, \n United States Code (as amended by subsection (d) of this \n section), is amended by adding at the end the following:\n ``(f)(1) At any time after the filing of an application for fees \nand other expenses under this section, an agency from which a fee award \nis sought may serve upon the applicant an offer of settlement of the \nclaims made in the application. If within 10 days after service of the \noffer the applicant serves written notice that the offer is accepted, \neither party may then file the offer and notice of acceptance together \nwith proof of service thereof.\n ``(2) An offer not accepted shall be deemed withdrawn. The fact \nthat an offer is made but not accepted shall not preclude a subsequent \noffer. If any award of fees and expenses for the merits of the \nproceeding finally obtained by the applicant is not more favorable than \nthe offer, the applicant shall not be entitled to receive an award for \nattorneys' fees or other expenses incurred in relation to the \napplication for fees and expenses after the date of the offer.''.\n (2) Judicial proceedings.--Section 2412 of title 28, United \n States Code (as amended by subsection (d) of this section), is \n amended by inserting after subsection (d) the following:\n ``(e)(1) At any time after the filing of an application for fees \nand other expenses under this section, an agency of the United States \nfrom which a fee award is sought may serve upon the applicant an offer \nof settlement of the claims made in the application. If within 10 days \nafter service of the offer the applicant serves written notice that the \noffer is accepted, either party may then file the offer and notice of \nacceptance together with proof of service thereof.\n ``(2) An offer not accepted shall be deemed withdrawn. The fact \nthat an offer is made but not accepted shall not preclude a subsequent \noffer. If any award of fees and expenses for the merits of the \nproceeding finally obtained by the applicant is not more favorable than \nthe offer, the applicant shall not be entitled to receive an award for \nattorneys' fees or other expenses incurred in relation to the \napplication for fees and expenses after the date of the offer.''.\n (f) Elimination of Substantial Justification Standard.--\n (1) Administrative proceedings.--Section 504 of title 5, \n United States Code, is amended--\n (A) in subsection (a)(1), by striking all beginning \n with ``, unless the adjudicative officer'' through \n ``expenses are sought''; and\n (B) in subsection (a)(2), by striking ``The party \n shall also allege that the position of the agency was \n not substantially justified.''.\n (2) Judicial proceedings.--Section 2412(d) of title 28, \n United States Code, is amended--\n (A) in paragraph (1)(A), by striking ``, unless the \n court finds that the position of the United States was \n substantially justified or that special circumstances \n make an award unjust'';\n (B) in paragraph (1)(B), by striking ``The party \n shall also allege that the position of the United \n States was not substantially justified. Whether or not \n the position of the United States was substantially \n justified shall be determined on the basis of the \n record (including the record with respect to the action \n or failure to act by the agency upon which the civil \n action is based) which is made in the civil action for \n which fees and other expenses are sought.''; and\n (C) in paragraph (3), by striking ``, unless the \n court finds that during such adversary adjudication the \n position of the United States was substantially \n justified, or that special circumstances make an award \n unjust''.\n (g) Reports to Congress.--\n (1) Administrative proceedings.--Not later than 180 days \n after the date of the enactment of this Act, the Administrative \n Conference of the United States shall submit a report to \n Congress--\n (A) providing an analysis of the variations in the \n frequency of fee awards paid by specific Federal \n agencies under the provisions of section 504 of title \n 5, United States Code; and\n (B) including recommendations for extending the \n application of such sections to other Federal agencies \n and administrative proceedings.\n (2) Judicial proceedings.--Not later than 180 days after \n the date of the enactment of this Act, the Department of \n Justice shall submit a report to Congress--\n (A) providing an analysis of the variations in the \n frequency of fee awards paid by specific Federal \n districts under the provisions of section 2412 of title \n 28, United States Code; and\n (B) including recommendations for extending the \n application of such sections to other Federal judicial \n proceedings.\n (h) Effective Date.--The provisions of this Act and the amendments \nmade by this Act shall take effect 30 days after the date of the \nenactment of this Act and shall apply only to an administrative \ncomplaint filed with a Federal agency or a civil action filed in a \nUnited States court on or after such date.","summary":"Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made, (2) an offer not accepted shall be deemed withdrawn. And (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.","title":"Equal Access to Justice Reform Amendments of 2000","text_len":8012,"sum_len":1061} {"bill_id":"112_s1712","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transparency in Judgment Payments \nAct of 2011''.\n\nSEC. 2. DISCLOSURE OF PAYMENTS.\n\n Section 1304 of title 31, United States Code, is amended by adding \nat the end the following:\n ``(d)(1) Not later than 30 days after the payment of a final \njudgment, award, or compromise settlement under this section, the \nSecretary of the Treasury shall publish electronically (including on a \ndedicated, publicly accessible Web site), in a manner consistent with \napplicable Federal privacy law--\n ``(A) the agency responsible for the payment;\n ``(B) a citation to the provision of law under which the \n claim was made;\n ``(C) the amount to be paid;\n ``(D) the amount of any interest to be paid;\n ``(E) the amount of any attorney fees to be paid; and\n ``(F) for any case filed in a court--\n ``(i) the case number for the case that resulted in \n the judgment, award, or settlement; and\n ``(ii) the court in which the case was filed.\n ``(2) The information published under paragraph (1) shall contain \nseparate sections for claims filed in court and administrative claims.\n ``(3)(A) The Secretary of the Treasury shall submit to the \nCommittee on the Judiciary and the Committee on Homeland Security and \nGovernmental Affairs of the Senate and the Committee on the Judiciary \nand the Committee on Oversight and Government Reform of the House of \nRepresentatives a quarterly report that contains--\n ``(i) any information published under paragraph (1) during \n the preceding quarter; and\n ``(ii) a confidential appendix that includes, for each case \n or claim described in clause (i), the identity of the \n plaintiff, counsel for the plaintiff, and the defendant.\n ``(B) A report under subparagraph (A) shall be exempt from \ndisclosure under section 552 of title 5. For purposes of section 552 of \ntitle 5, this paragraph shall be considered a statute described in \nsubsection (b)(3)(B) of such section 552.''.\n\nSEC. 3. LITIGATION MANAGEMENT.\n\n (a) In General.--Chapter 6 of title 5, United States Code, is \namended by adding at the end the following:\n``Sec. 613. Litigation management\n ``(a) Each agency, in consultation with the Attorney General of the \nUnited States and consistent with applicable Federal privacy law, shall \nsubmit to the Committee on Homeland Security and Governmental Affairs \nof the Senate and the Committee on Oversight and Government Reform of \nthe House of Representatives an annual report describing--\n ``(1) any civil action filed or pending against the agency \n or any employee of the agency; and\n ``(2) any settlements entered by or final judgments entered \n against the agency or any employee of the agency.\n ``(b) The report required under subsection (a) shall include--\n ``(1) a summary of--\n ``(A) the number of civil actions filed, pending, \n or settled;\n ``(B) the number of civil actions for which more \n than 36 months have passed since the date the action \n was filed;\n ``(C) the number of claims--\n ``(i) made under a statute or regulation; \n and\n ``(ii) alleging a violation of a statute or \n regulation;\n ``(D) the number of judgments entered for and \n against the agency;\n ``(E) the number of settlements or consent decrees \n involving the agency;\n ``(F) the number of judgments entered under seal;\n ``(G) the number of settlements or consent decrees \n involving a confidentiality agreement or order;\n ``(H) the total amount of all judgments, \n settlements, and attorney fees paid by or on behalf of \n the agency; and\n ``(I) the total number of agency rulemakings or \n other actions commenced due to a judgment or \n settlement;\n ``(2) for each filed or pending civil action, a summary of \n the action that--\n ``(A) describes--\n ``(i) the nature of the action;\n ``(ii) the cause of action asserted, \n including specific statutory references;\n ``(iii) the nature and amount of relief \n requested;\n ``(iv) whether the plaintiff is a party to \n any other litigation against the agency;\n ``(v) whether a claim for attorney fees has \n been made, and if so, the statutory basis for \n the claim;\n ``(vi) the date the action was filed; and\n ``(vii) whether more than 36 months have \n passed since the date the action was filed; and\n ``(B) identifies--\n ``(i) the court, the presiding judge, and \n the case number; and\n ``(ii) the plaintiff and counsel for the \n plaintiff; and\n ``(3) for each settlement or final judgment, except a \n settlement or final judgment described in paragraph (4), a \n summary of the civil action that includes--\n ``(A) the nature of the civil action;\n ``(B) the amount of the payment or other relief \n granted or agreed;\n ``(C) the amount of attorneys fees paid; and\n ``(D) the nature of any rulemaking or other agency \n action commenced due to the settlement or judgment; and\n ``(4) for each settlement or final judgment involving a \n judgment under seal or a confidentiality agreement or order--\n ``(A) the parties to the settlement or final \n judgment; and\n ``(B) each cause of action alleged in the \n complaint.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 6 of title 5, United States Code, is amended by adding at the \nend the following:\n\n``613. Litigation management.''.","summary":"Transparency in Judgment Payments Act of 2011 - Requires the Secretary of the Treasury, not later than 30 days after the payment of a final judgment, award, or compromise settlement involving a federal agency, to publish electronically: (1) the agency responsible for the payment. (2) a citation to the law under which the claim was made. (3) the amount to be paid, including any interest and attorney fees. And (4) the court in which such claim was filed and the court case number. Requires each federal agency to submit annual reports to Congress describing: (1) any civil action filed or pending against such agency or an agency employee, and (2) any settlements entered by, or final judgments entered against, such agency or an agency employee.","title":"A bill to increase transparency in the payment of judgments and settlements by agencies, and for other purposes.","text_len":6581,"sum_len":748} {"bill_id":"109_hr799","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Checking Account Fairness \nAct''.\n\nSEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED.\n\n (a) In General.--Section 603(d) of the Expedited Funds Availability \nAct (12 U.S.C. 4002(d)) is amended by adding at the end the following \nnew paragraph:\n ``(3) Coordination with check clearing for the 21st century \n act.--\n ``(A) In general.--The Board shall prescribe \n regulations under paragraph (1)--\n ``(i) to reduce the time periods under \n subsections (a), (b), or (e), in accordance \n with the requirements of paragraph (1), to take \n into account the time within which any \n receiving institution can reasonably expect to \n learn of the nonpayment of most items for each \n category of checks under the Checking Clearing \n for the 21st Century Act or the regulations \n implementing such Act; and\n ``(ii) to eliminate distinctions between \n the schedules established under subsections \n (a), (b), or (e) if the Board finds that such \n distinctions no longer have any significance \n for any category of checks under the Checking \n Clearing for the 21st Century Act or the \n regulations implementing such Act.\n ``(B) Paragraph (2) adjustments.--The Board shall, \n by regulation, eliminate the extension provided under \n paragraph (2) for deposits of any category of checks if \n the Board finds that the extension has no substantial \n usefulness under the Checking Clearing for the 21st \n Century Act or the regulations implementing such \n Act.''.\n (b) Regulations.--The Board shall prescribe the regulations \nrequired under the amendment made by subsection (a) in final form \nbefore the end of the 6-month period beginning on the date of the \nenactment of this Act.\n\nSEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS.\n\n (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the \nExpedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended--\n (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or \n is deposited at a proprietary ATM'' before the semicolon at the \n end of each such subparagraph; and\n (2) in subparagraph (E), by inserting ``, or a check \n deposited at a proprietary ATM,'' after ``deposited in a branch \n of a depository institution''.\n (b) Limitation on Certain Fees During Check Hold Period.--Section \n607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended \nby adding at the end the following new subsection:\n ``(f) Limitation on Certain Fees During Check Hold Period.--If a \nreceiving depository institution has received a provisional or final \nsettlement with respect to a check deposited in an account at the \ndepository institution and such depository institution has not yet made \nthe proceeds of the deposit available to the accountholder, the \nreceiving depository institution may not assess any fee for an \noverdraft, or any fee associated with the payment of an overdraft, that \nwould not have occurred if such funds so deposited were available.''.\n (c) Credits Required to Be Posted Before Debits.--Section 607 of \nthe Expedited Funds Availability Act (12 U.S.C. 4006) is amended by \ninserting after subsection (f) (as added by subsection (b) of this \nsection) the following new subsection:\n ``(g) Order of Posting.--In the process of posting credits and \ndebits against a checking account used primarily for personal, family, \nor household purposes after the close of any business day, the \nreceiving depository institution shall credit all deposits to the \naccount before debiting any check drawn on the account and presented to \nthe depository institution for payment.''.\n (d) Saturdays May Be Treated as Business Days.--Section 602(3) of \nthe Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by \nadding at the end the following new sentence: ``For purposes of this \ntitle, however, Saturday shall be treated as a business day in the \ncalculation of any period within which funds deposited in an account at \na receiving depository institution are required be made available under \nthis title, if with respect to checks received by the depository \ninstitution for which it is the originating institution, the depository \ninstitution debits accounts on Saturdays for such checks.''.\n (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section \n603(b)(2) of the Expedited Funds Availability Act (12 U.S.C. \n4002(b)(2)) is amended by striking ``not more than 4 business days \nshall intervene between'' and inserting ``funds shall be made available \non the 2nd business day after''.\n (f) Adjustment for Inflation for Large Check Limitation.--\n (1) In general.--Section 604(a)(3) of the Expedited Funds \n Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking \n ``$5,000'' each place such term appears and inserting \n ``$7,500''.\n (2) Clerical amendment.--The paragraph heading for section \n 604(a)(3) of the Expedited Funds Availability Act is amended by \n striking ``$5,000'' and inserting ``$7,500''.\n (g) Adjustment for Small Deposit Availability.--\n (1) In general.--Section 603(a)(2)(D) of of the Expedited \n Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by \n striking ``$100'' and inserting ``$500''.\n (2) Technical and conforming amendment.--The heading for \n subparagraph (C) of section 603(b)(3) of the Expedited Funds \n Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by \n striking ``$100 availability'' and inserting ``Coordination \n with other amount available''.\n (h) Fees for Services not Requested.--Section 607 of the Expedited \nFunds Availability Act (12 U.S.C. 4006) is amended by inserting after \nsubsection (g) (as added by subsection (c) of this section) the \nfollowing new subsection:\n ``(h) Fees for Services not Requested.--No depository institution \nmay impose any fee for paying any check drawn on an account in spite of \na lack of sufficient funds in the account to pay such check or any \nsimilar activity (commonly referred to as `bounce protection') unless \nthe accountholder has affirmatively requested such service.''.\n (i) Clarification of Preemption.--Section 608 of the Expedited \nFunds Availability Act (12 U.S.C. 4007) is amended--\n (1) in subsection (b)--\n (A) by inserting ``or (c)'' after ``subsection \n (a)''; and\n (B) by inserting ``, but only to the extent of any \n such inconsistency'' before the period at the end; and\n (2) by adding at the end the following new subsection:\n ``(c) Clarification of Inconsistency.--A State law shall not be \nconstrued as inconsistent with this title, or any regulation prescribed \nunder this title, if the protection such law affords the consumer by \nsuch law is greater than the protection afforded by this title. For \npurposes of determining congressional intent with respect to \npreemption, the purpose of this title shall be construed to be the \nestablishment of a minimum basis of protection for the consumer and not \nthe creation of a uniform national rule.''.\n\nSEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE \n PROVIDED WITHOUT COST UPON REQUEST.\n\n Section 7(b) of the Checking for the 21st Century Act (12 U.S.C. \n5006(b)) is amended by adding at the end the following new paragraph:\n ``(3) Fees for substitute checks.--If any bank that holds \n the account of a consumer imposes any fee for producing a copy \n of a substitute check for such consumer with respect to such \n account, the expedited recredit process established under this \n section shall be available for all charges initiated by check \n against any such account regardless of whether a substitute \n check was involved or was provided to the consumer.''.","summary":"Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or its implementing regulations. And (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations. Extends the next business day availability requirement to funds deposited at a proprietary ATM. Sets a limit upon certain overdraft fees imposed during a check hold period. Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment. Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received. Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks. Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds unless the accountholder has requested check protection service. Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges initiated by check against the account regardless of whether a substitute check was involved or provided to the consumer.","title":"To amend the Expedited Funds Availability Act to redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits, and for other purposes.","text_len":8512,"sum_len":1889} {"bill_id":"114_hr475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``GI Bill Processing Improvement Act \nof 2015''.\n\nSEC. 2. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS \n ADMINISTRATION OF THE DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) Processing of Certain Educational Assistance Claims.--The \nSecretary of Veterans Affairs shall, to the maximum extent possible, \nmake such changes and improvements to the information technology system \nof the Veterans Benefits Administration of the Department of Veterans \nAffairs to ensure that--\n (1) to the maximum extent possible, all original and \n supplemental claims for educational assistance under chapter 33 \n of title 38, United States Code, are adjudicated \n electronically; and\n (2) rules-based processing is used to make decisions with \n respect to such claims with little human intervention.\n (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto Congress a report on the changes made pursuant to the requirements \nof subsection (a).\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary of Veterans Affairs $30,000,000 to carry \nout this section during fiscal years 2015 and 2016.\n\nSEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC \n INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL-\n VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-\n 9\/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE \n TUITION RATE FOR VETERANS.\n\n (a) Extension of Effective Date.--Section 702(b) of the Veterans \nAccess, Choice, and Accountability Act of 2014 (Public Law 113-146) is \namended by striking ``July 1, 2015'' and inserting ``July 1, 2016''.\n (b) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United \nStates Code, is amended by striking ``or 3319'' and all that follows \nand inserting ``of this title or to whom educational assistance is \ntransferred under section 3319 of this title''.\n\nSEC. 4. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9\/\n 11 EDUCATIONAL ASSISTANCE PROGRAM.\n\n (a) In General.--Subchapter III of chapter 33 is amended by adding \nat the end the following new section:\n``Sec. 3326. Election to receive educational assistance\n ``(a) Individuals Eligible To Elect Participation in Post-9\/11 \nEducational Assistance.--An individual may elect to receive educational \nassistance under this chapter if such individual--\n ``(1) as of August 1, 2009--\n ``(A) is entitled to basic educational assistance \n under chapter 30 of the title and has used, but retains \n unused, entitlement under that chapter;\n ``(B) is entitled to educational assistance under \n chapter 107, 1606, or 1607 of title 10 and has used, \n but retains unused, entitlement under the applicable \n chapter;\n ``(C) is entitled to basic educational assistance \n under chapter 30 of this title but has not used any \n entitlement under that chapter;\n ``(D) is entitled to educational assistance under \n chapter 107, 1606, or 1607 of title 10 but has not used \n any entitlement under such chapter;\n ``(E) is a member of the Armed Forces who is \n eligible for receipt of basic educational assistance \n under chapter 30 this title and is making contributions \n toward such assistance under section 3011(b) or 3012(c) \n of this title; or\n ``(F) is a member of the Armed Forces who is not \n entitled to basic educational assistance under chapter \n 30 of this title by reason of an election under section \n 3011(c)(1) or 3012(d)(1) of this title; and\n ``(2) as of the date of the individual's election under \n this paragraph, meets the requirements for entitlement to \n educational assistance under this chapter.\n ``(b) Cessation of Contributions Toward GI Bill.--Effective as of \nthe first month beginning on or after the date of an election under \nsubsection (a) of an individual described by paragraph (1)(E) of that \nsubsection, the obligation of the individual to make contributions \nunder section 3011(b) or 3012(c) of this title, as applicable, shall \ncease, and the requirements of such section shall be deemed to be no \nlonger applicable to the individual.\n ``(c) Revocation of Remaining Transferred Entitlement.--\n ``(1) Election to revoke.--If, on the date an individual \n described in paragraph (1)(A) or (1)(C) of subsection (a) makes \n an election under that subsection, a transfer of the \n entitlement of the individual to basic educational assistance \n under section 3020 of this title is in effect and a number of \n months of the entitlement so transferred remain unutilized, the \n individual may elect to revoke all or a portion of the \n entitlement so transferred that remains unutilized.\n ``(2) Availability of revoked entitlement.--Any entitlement \n revoked by an individual under this paragraph shall no longer \n be available to the dependent to whom transferred, but shall be \n available to the individual instead for educational assistance \n under chapter 33 of this title in accordance with the \n provisions of this section.\n ``(3) Availability of unrevoked entitlement.--Any \n entitlement described in paragraph (1) that is not revoked by \n an individual in accordance with that paragraph shall remain \n available to the dependent or dependents concerned in \n accordance with the current transfer of such entitlement under \n section 3020 of this title.\n ``(d) Post-9\/11 Educational Assistance.--\n ``(1) In general.--Subject to paragraph (2) and except as \n provided in subsection (e), an individual making an election \n under subsection (a) shall be entitled to educational \n assistance under this chapter in accordance with the provisions \n of this chapter, instead of basic educational assistance under \n chapter 30 this title, or educational assistance under chapter \n 107, 1606, or 1607 of title 10, as applicable.\n ``(2) Limitation on entitlement for certain individuals.--\n In the case of an individual making an election under \n subsection (a) who is described by paragraph (1)(A) of that \n subsection, the number of months of entitlement of the \n individual to educational assistance under this chapter 33 \n shall be the number of months equal to--\n ``(A) the number of months of unused entitlement of \n the individual under chapter 30 of this title, as of \n the date of the election, plus\n ``(B) the number of months, if any, of entitlement \n revoked by the individual under subsection (c)(1).\n ``(e) Continuing Entitlement to Educational Assistance Not \nAvailable Under 9\/11 Assistance Program.--\n ``(1) In general.--In the event educational assistance to \n which an individual making an election under subsection (a) \n would be entitled under chapter 30 of this title, or chapter \n 107, 1606, or 1607 of title 10, as applicable, is not \n authorized to be available to the individual under the \n provisions of this chapter the individual shall remain entitled \n to such educational assistance in accordance with the \n provisions of the applicable chapter.\n ``(2) Charge for use of entitlement.--The utilization by an \n individual of entitlement under paragraph (1) shall be \n chargeable against the entitlement of the individual to \n educational assistance under this chapter at the rate of one \n month of entitlement under this chapter for each month of \n entitlement utilized by the individual under paragraph (1) (as \n determined as if such entitlement were utilized under the \n provisions of chapter 30 of this title, or chapter 107, 1606, \n or 1607 of title 10, as applicable).\n ``(f) Additional Post-9\/11 Assistance for Members Having Made \nContributions Toward GI Bill.--\n ``(1) Additional assistance.--In the case of an individual \n making an election under subsection (a) who is described by \n subparagraph (A), (C), or (E) of paragraph (1) of that \n subsection, the amount of educational assistance payable to the \n individual under this chapter 33 as a monthly stipend payable \n under paragraph (1)(B) of section 3313(c) of this title, or \n under paragraphs (2) through (7) of that section (as \n applicable), shall be the amount otherwise payable as a monthly \n stipend under the applicable paragraph increased by the amount \n equal to--\n ``(A) the total amount of contributions toward \n basic educational assistance made by the individual \n under section 3011(b) or 3012(c) of this title, as of \n the date of the election, multiplied by\n ``(B) the fraction--\n ``(i) the numerator of which is--\n ``(I) the number of months of \n entitlement to basic educational \n assistance under chapter 30 of this \n title remaining to the individual at \n the time of the election; plus\n ``(II) the number of months, if \n any, of entitlement under such chapter \n 30 revoked by the individual under \n subsection (c)(1); and\n ``(ii) the denominator of which is 36 \n months.\n ``(2) Months of remaining entitlement for certain \n individuals.--In the case of an individual covered by paragraph \n (1) who is described by subsection (a)(1)(E), the number of \n months of entitlement to basic educational assistance remaining \n to the individual for purposes of paragraph (1)(B)(i)(II) shall \n be 36 months.\n ``(3) Timing of payment.--The amount payable with respect \n to an individual under paragraph (1) shall be paid to the \n individual together with the last payment of the monthly \n stipend payable to the individual under paragraph (1)(B) of \n section 3313(c) of this title, or under subsections (b) through \n (g) of that section (as applicable), before the exhaustion of \n the individual's entitlement to educational assistance under \n this chapter.\n ``(g) Continuing Entitlement to Additional Assistance for Critical \nSkills or Speciality and Additional Service.--An individual making an \nelection under subsection (a)(1) who, at the time of the election, is \nentitled to increased educational assistance under section 3015(d) of \nthis title, or section 16131(i) of title 10, or supplemental \neducational assistance under subchapter III of chapter 30 of this \ntitle, shall remain entitled to such increased educational assistance \nor supplemental educational assistance in the utilization of \nentitlement to educational assistance under this chapter, in an amount \nequal to the quarter, semester, or term, as applicable, equivalent of \nthe monthly amount of such increased educational assistance or \nsupplemental educational assistance payable with respect to the \nindividual at the time of the election.\n ``(h) Alternative Election by Secretary.--\n ``(1) In general.--In the case of an individual who, on or \n after January 1, 2016, submits to the Secretary an election \n under this section that the Secretary determines is clearly \n against the interests of the individual, the Secretary may make \n an alternative election on behalf of the individual that the \n Secretary determines is in the best interests of the \n individual.\n ``(2) Notice.--If the Secretary makes an election on behalf \n of an individual under this subsection, the Secretary shall \n notify the individual by not later than seven days after making \n such election and shall provide the individual with a 30-day \n period, beginning on the date of the individual's receipt of \n such notice, during which the individual may modify or revoke \n the election made by the Secretary on the individual's behalf. \n The Secretary shall include, as part of such notice, a clear \n statement of why the alternative election made by the Secretary \n is in the best interests of the individual as compared to the \n election submitted by the individual. The Secretary shall \n provide the notice required under this paragraph by electronic \n means whenever possible.\n ``(i) Irrevocability of Elections.--An election under subsection \n(a) or (c)(1) is irrevocable.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``3326. Election to receive educational assistance.''.\n (c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-\n9\/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; \n38 U.S.C. 3301 note) is hereby repealed.\n\nSEC. 5. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN GROUPS, \n DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS.\n\n (a) In General.--Section 3684(a) of title 38, United States Code, \nis amended--\n (1) in paragraph (1), by inserting ``32, 33,'' after \n ``31,''; and\n (2) by adding at the end the following new paragraph:\n ``(4) For purposes of this subsection, the term `educational \ninstitution' may include a group, district, or consortium of separately \naccredited educational institutions located in the same State that are \norganized in a manner that facilitates the centralized reporting of the \nenrollments in such group, district, or consortium of institutions.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply with respect to reports submitted on or after the date of the \nenactment of this Act.\n\nSEC. 6. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO \n EDUCATIONAL ASSISTANCE.\n\n (a) In General.--Subchapter II of chapter 36 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3699. Provision of certain information to educational \n institutions\n ``For each veteran or other individual pursuing a course of \neducation that has been approved under this chapter using educational \nassistance to which the veteran or other individual is entitled under \nchapter 30, 32, 33, or 35 of this title, the Secretary shall make \navailable to the educational institution offering the course \ninformation about the amount of such educational assistance to which \nthe veteran or other individual is entitled. Such information shall be \nprovided to such educational institution through an Internet website \nand shall be regularly updated to reflect any amounts used by the \nveteran or other individual.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n3698 the following new item:\n\n``3699. Provision of certain information to educational \n institutions.''.","summary":"GI Bill Processing Improvement Act of 2015 Directs the Secretary of Veterans Affairs (VA) to alter the information technology system of the Veterans Benefits Administration to ensure that: (1) all claims for post-911 educational assistance are electronically adjudicated, to the maximum extent possible. And (2) rule-based processing is used to decide such claims with little human intervention. Changes from July 1, 2015, to July 1, 2016, the effective date of the requirement that the Secretary disapprove, for purposes of the All-Volunteer Force and the Post-911 Educational Assistance programs, courses of education provided by a public educational institution of higher education that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veterans' state of residence. Allows individuals to elect to convert their educational assistance to the post-911 veterans' educational assistance program if, as of August 1, 2009, they meet specified conditions with respect to their entitlements and elections under the all-volunteer force educational assistance program or certain other educational programs for professional military, selected reserve, or reserve component members. Conditions such post-911 program eligibility on the individual meeting the requirements for the post-911 program as of the date of election. Sets forth transitional rules with respect to the transfer or revocation of entitlements from a previous assistance program after an election to convert to the post-911 program. Requires certain assistance to remain available to individuals under their previous program if it is not available under the post-911 program. Authorizes the Secretary, if an individual submits an election that the Secretary determines is against the interests of the individual, to make an alternative election on the individual's behalf. Allows such individual, during a specified period, to modify or revoke the Secretary's alternative selection. Requires individuals and educational institutions participating in the post-Vietnam era and post-911 veterans' educational assistance programs, in addition to those participating in the VA's other educational assistance programs, to report to the Secretary such enrollment and any updates on interruption or termination of the education . Defines quot, educational institutionquot. To permit the inclusion of groups, districts, or consortiums of separately accredited educational institutions in the same state that are organized in a manner facilitating the centralized reporting of enrollments. Directs the Secretary to make available to educational institutions, through an Internet website, information on the amount of educational assistance to which their students are entitled under the all-volunteer force, post-Vietnam era, post-911, and survivors' and dependents' educational assistance programs.","title":"GI Bill Processing Improvement Act of 2015","text_len":16067,"sum_len":2915} {"bill_id":"114_s3525","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Strengthening \nAmerican Transportation Security Act of 2016''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings; sense of Congress.\nSec. 3. Definitions.\nSec. 4. Conversion of screening personnel.\nSec. 5. Transition rules.\nSec. 6. Consultation requirement.\nSec. 7. No right to strike.\nSec. 8. Regulations.\nSec. 9. Delegations to Administrator.\nSec. 10. Authorization of appropriations.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) On September 11, 2001, 19 terrorists, who underwent \n airport security screening prior to boarding domestic flights, \n were able to commandeer 4 airplanes and use those airplanes to \n perpetrate the most deadly terrorist attack ever to be executed \n on United States soil.\n (2) In the aftermath of those attacks, Congress passed the \n Aviation and Transportation Security Act (Public Law 107-71), \n which was signed into law by President George W. Bush on \n November 19, 2001--\n (A) to enhance the level of security screening \n throughout our aviation system; and\n (B) to transfer responsibility for such screening \n from the private sector to the newly established \n Transportation Security Administration (referred to in \n this section as ``TSA'').\n (3) By establishing TSA, Congress and the American public \n recognized that the highest level of screener performance was \n directly linked to employment and training standards, pay and \n benefits, and the creation of an experienced, committed \n screening workforce.\n (4) Section 111(d) of the Aviation and Transportation \n Security Act (49 U.S.C. 44935 note) authorizes the Under \n Secretary of Transportation for Security to ``employ, appoint, \n discipline, terminate, and fix the compensation, terms, and \n conditions of employment of Federal service for such a number \n of individuals as the Under Secretary determines to be \n necessary to carry out the screening functions of the Under \n Secretary under section 44901 of title 49, United States \n Code''. The functions of the TSA were transferred to the \n Department of Homeland Security by section 403 of the Homeland \n Security Act of 2002 (6 U.S.C. 203).\n (5) TSA has interpreted the authorization set forth in \n paragraph (4) as applying to the majority of the Transportation \n Security Officer workforce performing screening functions, \n while all other Transportation Security Administration \n employees, including managers, are subject to title 5, United \n States Code, as incorporated in title 49 of such Code.\n (6) In November 2006, the International Labor Organization \n ruled that the Bush Administration violated international labor \n law when it prohibited Transportation Security Officers from \n engaging in collective bargaining.\n (7) After the Federal Labor Relations Board approved a \n petition for the election of an exclusive representative, on \n February 4, 2011, TSA Administrator John Pistole issued a \n binding determination stating that ``it is critical that every \n TSA employee feels that he or she has a voice and feels safe \n raising issues and concerns of all kinds. This is important not \n just for morale; engagement of every employee is critically \n important for security.''.\n (8) This determination was superseded by a second \n determination issued on December 29, 2014, which changed the \n previous guideline for collective bargaining and resulting in \n limitations in the subjects that can be bargained, issues in \n dispute that may be raised to an independent, third-party \n neutral decisionmaker (such as an arbitrator or the Merit \n Systems Protection Board), and barriers to union representation \n of the Transportation Security Officer workforce.\n (9) The 2011 and 2014 determinations both cited TSA's \n authority under section 111(d) of the Aviation and \n Transportation Security Act (49 U.S.C. 44935 note) to create a \n personnel system that denies the Transportation Security \n Officer workforce the rights under title 5, United States Code, \n that are provided to most other Federal workers, including--\n (A) the right to appeal adverse personnel decisions \n to the Merit Systems Protection Board;\n (B) fair pay under the General Services wage \n system, 2011;\n (C) fair pay and raises under the General Services \n wage system, including overtime guidelines, access to \n earned leave;\n (D) the application of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 201 et seq.);\n (E) fair performance appraisals under chapter 73 of \n title 5, United States Code; and\n (F) direct protections against employment \n discrimination set forth in title 7, United States \n Code.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1) the personnel system utilized by the Transportation \n Security Administration pursuant to section 111(d) of the \n Aviation and Transportation Security Act (49 U.S.C. 44935 note) \n provides insufficient workplace protections for the \n Transportation Security Officer workforce, who are the \n frontline personnel who secure our Nation's aviation system; \n and\n (2) such personnel should be entitled to the protections \n under title 5, United States Code.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n official within the Department of Homeland Security who is \n responsible for overseeing and implementing transportation \n security pursuant to the Aviation and Transportation Security \n Act, whether designated as the Assistant Secretary of Homeland \n Security (Transportation Security Administration), the \n Administrator of the Transportation Security Administration, \n the Undersecretary of Transportation for Security, or \n otherwise.\n (2) Agency.--The term ``agency'' means an Executive agency, \n as defined by section 105 of title 5, United States Code.\n (3) Conversion date.--The term ``conversion date'' means \n the date as of which paragraphs (1) through (3) of section 3(b) \n take effect.\n (4) Covered employee.--The term ``covered employee'' means \n an employee who holds a covered position.\n (5) Covered position.--The term ``covered position'' \n means--\n (A) a position within the Transportation Security \n Administration; and\n (B) any position within the Department of Homeland \n Security, not described in subparagraph (A), the duties \n and responsibilities of which involve providing \n transportation security in furtherance of the purposes \n of the Aviation and Transportation Security Act (Public \n Law 107-71), as determined by the Secretary.\n (6) Employee.--The term ``employee'' has the meaning given \n such term by section 2105 of title 5, United States Code.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Homeland Security.\n (8) TSA personnel management system.--The term ``TSA \n personnel management system'' means any personnel management \n system established or modified under--\n (A) section 111(d) of the Aviation and \n Transportation Security Act (49 U.S.C. 44935 note); or\n (B) section 114(n) of title 49, United States Code.\n\nSEC. 4. CONVERSION OF SCREENING PERSONNEL.\n\n (a) Termination of Certain Personnel Authorities.--\n (1) TSA personal management system.--Section 114 of title \n 49, United States Code, is amended by striking subsection (n).\n (2) Termination of flexibility in employment of screener \n personnel.--Section 111 of the Aviation and Transportation \n Security Act (49 U.S.C. 44935 note) is amended by striking \n subsection (d).\n (3) Human resources management system.--\n (A) In general.--Section 9701 of title 5, United \n States Code, is amended--\n (i) by redesignating subsection (h) as \n subsection (i); and\n (ii) by inserting after subsection (g) the \n following:\n ``(h) Limitation.--The human resources management system authorized \nunder this section shall not apply to covered employees or covered \npositions (as such terms are defined in section 3 of the Strengthening \nAmerican Transportation Security Act of 2016).''.\n (B) Effective date.--The amendments made by \n subparagraph (A) shall take effect on the date set \n forth in subsection (b).\n (b) Covered Employees and Positions Made Subject to Same Personnel \nManagement System as Applies to Civil Service Employees Generally.--On \nthe earlier of a date determined by the Secretary or 60 days after the \ndate of the enactment of this Act--\n (1) all TSA personnel management personnel policies, \n directives, letters, and guidelines, including the \n Determinations of February 2011 and December 2014 shall cease \n to be effective;\n (2) any human resources management system established or \n adjusted under section 9701 of title 5, United States Code, \n shall cease to be effective with respect to covered employees \n and covered positions; and\n (3) covered employees and covered positions shall become \n subject to the applicable labor provisions under title 49, \n United States Code.\n\nSEC. 5. TRANSITION RULES.\n\n (a) Nonreduction in Rate of Pay.--Any conversion of an employee \nfrom a TSA personnel management system to the provisions of law \nreferred to in section 4(b)(3) shall be effected, under pay conversion \nrules prescribed by the Secretary, without any reduction in the rate of \nbasic pay payable to such employee.\n (b) Preservation of Other Rights.--The Secretary shall take any \nnecessary actions to ensure, for any covered employee as of the \nconversion date, that--\n (1) all service performed by such covered employee before \n the conversion date is credited in the determination of such \n employee's length of service for purposes of applying the \n provisions of law governing leave, pay, group life and health \n insurance, severance pay, tenure, and status, which are made \n applicable to such employee under section 4(b)(3);\n (2) all annual leave, sick leave, or other paid leave \n accrued, accumulated, or otherwise available to the covered \n employee immediately before the conversion date remains \n available to the employee, until used, while the employee \n remains continuously employed by the Department of Homeland \n Security; and\n (3) the Government share of any premiums or other periodic \n charges under the provisions of law governing group health \n insurance remains at the level in effect immediately before the \n conversion date while the employee remains continuously \n employed by the Department of Homeland Security.\n\nSEC. 6. CONSULTATION REQUIREMENT.\n\n (a) Exclusive Representative.--The labor organization certified by \nthe Federal Labor Relations Authority on June 29, 2011, or successor \norganization shall be deemed the exclusive representative of full- and \npart-time nonsupervisory personnel carrying out screening functions \nunder section 44901 of title 49, United States Code under chapter 71 of \ntitle 5, United States Code, with full rights under such chapter 71.\n (b) Consultation Rights.--Not later than 14 days after the date of \nthe enactment of this Act, the Secretary shall--\n (1) consult with the exclusive representative for employees \n under chapter 71 of title 5, United States Code, on the \n formulation of plans and deadlines to carry out the conversion \n of covered employees and covered positions under this Act; and\n (2) provide final written plans to the exclusive \n representative on how the Secretary intends to carry out the \n conversion of covered employees and covered positions under \n this Act, including with respect to--\n (A) the proposed conversion date; and\n (B) measures to ensure compliance with section 5.\n (c) Required Agency Response.--If any views or recommendations are \npresented under subsection (b)(2) by the exclusive representative, the \nSecretary shall consider the views or recommendations before taking \nfinal action on any matter with respect to which the views or \nrecommendations are presented and provide the exclusive representative \na written statement of the reasons for the final actions to be taken.\n (d) Sunset Provision.--The provisions of this section shall cease \nto be effective as of the conversion date.\n\nSEC. 7. NO RIGHT TO STRIKE.\n\n Nothing in this Act may be construed--\n (1) to repeal or otherwise affect--\n (A) section 1918 of title 18, United States Code \n (relating to disloyalty and asserting the right to \n strike against the Government); or\n (B) section 7311 of title 5, United States Code \n (relating to loyalty and striking); or\n (2) to otherwise authorize any activity which is not \n permitted under either provision of law cited in paragraph (1).\n\nSEC. 8. REGULATIONS.\n\n The Secretary may prescribe any regulations that may be necessary \nto carry out this Act.\n\nSEC. 9. DELEGATIONS TO ADMINISTRATOR.\n\n The Secretary may, with respect to any authority or function vested \nin the Secretary under any of the preceding provisions of this Act, \ndelegate any such authority or function to the Administrator of the \nTransportation Security Administration under such terms, conditions, \nand limitations, including the power of redelegation, as the Secretary \nconsiders appropriate.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","summary":"Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees. Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees. And (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees. The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.","title":"Strengthening American Transportation Security Act of 2016","text_len":15197,"sum_len":1465} {"bill_id":"111_hr1356","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeownership Vesting Plan Act of \n2009''.\n\nSEC. 2. HOMEOWNERSHIP VESTING PLAN.\n\n Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is \namended--\n (1) by redesignating section 257, as added by section \n 2124(a) of the Housing and Economic Relief Act of 2008 (12 \n U.S.C. 1715z-24), as section 258; and\n (2) by adding after section 258, as so redesignated, the \n following new section:\n\n``SEC. 259. HOMEOWNERSHIP VESTING PLAN.\n\n ``(a) Authority.--The Secretary shall, subject only to the absence \nof requests for insurance under this section and the availability of \namounts pursuant to subsection (i)--\n ``(1) make commitments to insure and insure any mortgage \n covering a 1- to 4-family residence that is made for the \n purpose of paying or prepaying outstanding obligations under an \n existing mortgage or mortgages on the residence if the mortgage \n being insured under this section meets the requirements of this \n section; and\n ``(2) in connection with the insurance of such mortgages--\n ``(A) make payments under subsection (c) to \n servicers of eligible mortgages refinanced by such \n insured mortgages;\n ``(B) make payments under (b)(4) for the \n extinguishment of subordinate liens on the properties \n subject to eligible mortgages refinance by such insured \n mortgages; and\n ``(C) make loans under subsection (d) to mortgagors \n under such insured mortgages.\n ``(b) Eligible Mortgages.--To be eligible for insurance under this \nsection, a mortgage shall comply with all of the following \nrequirements:\n ``(1) Owner-occupied sole residence.--The residence \n securing the mortgage insured under this section shall be \n occupied by the mortgagor as the principal residence of the \n mortgagor and the mortgagor shall provide a certification to \n the originator of the insured mortgage that such residence \n securing the mortgage is the only residence in which the \n mortgagor has any present ownership interest.\n ``(2) Principal obligation amount.--The principal \n obligation amount of the mortgage to be insured under this \n section shall be equal to 97.5 percent of the current appraised \n value of the residence securing the mortgage.\n ``(3) Required waiver of prepayment penalties and fees.--\n All penalties for prepayment or refinancing of the existing \n senior mortgage, and all fees and penalties related to default \n or delinquency on the existing senior mortgage, shall be waived \n or forgiven.\n ``(4) Extinguishment of subordinate liens.--\n ``(A) Required agreement.--All holders of existing \n mortgages on the property to which the eligible \n mortgage relates shall agree to accept the proceeds of \n the insured loan, and any payment pursuant to \n subparagraph (B), as payment in full of all \n indebtedness under the existing mortgage, and all \n encumbrances related to such existing mortgage shall be \n removed. The Secretary may take such actions, in \n accordance with the standards established pursuant to \n subparagraph (B), as may be necessary and appropriate \n to facilitate coordination and agreement between the \n holders of the existing senior mortgage and any \n existing subordinate mortgages, taking into \n consideration the subordinate lien status of such \n subordinate mortgages.\n ``(B) Payment.--The Secretary shall provide for the \n payment to the holder of any existing subordinate \n mortgage of an amount equal to 5 cents for each dollar \n of the outstanding principal balance of, and accrued \n interest on, the outstanding mortgage.\n ``(5) Interest rate and term of mortgage.--The mortgage to \n be insured under this section shall--\n ``(A) bear interest at a single rate that is fixed \n for the entire term of the mortgage; and\n ``(B) have a maturity of 30 years from the date of \n the beginning of amortization of such mortgage.\n ``(6) Underwriting standards.--The mortgage insured under \n this section shall comply with the underwriting standards \n applicable under the FHA Secure Program (established by \n mortgagee letter 2007-11, issued September 5, 2007), as such \n Program is in effect as of February 1, 2009.\n ``(7) Priority of lien for non-vested loan principal.--The \n mortgage to be insured under this section shall provide that \n the Secretary's lien pursuant to subsection (d)(4) on the \n residence that is subject to the mortgage shall have superior \n priority to the lien under the insured mortgage.\n ``(8) Requirements for existing senior mortgage being \n refinanced.--\n ``(A) Origination date.--The existing senior \n mortgage shall have been originated during the period \n beginning on January 1, 2003, and ending upon December \n 31, 2007.\n ``(B) Principal obligation.--The existing senior \n mortgage shall have had an original principal \n obligation in an amount that did not exceed the maximum \n dollar amount limitation in effect on February 1, 2009, \n under section 203(b)(2) of the National Housing Act (12 \n U.S.C. 1709(b)(2)) for a residence of the applicable \n size for the area in which the residence is located.\n ``(C) Debt-to-income ratio upon origination.--As of \n the time of the origination of the existing senior \n mortgage, the mortgagor shall have had a ratio of \n mortgage debt to income, taking into consideration all \n existing mortgages of that mortgagor at such time, \n exceeding 30 percent.\n ``(D) Loan-to-value ratio.--The existing senior \n mortgage shall, upon origination, have involved a \n principal obligation (including such initial service \n charges, appraisal, inspection, and other fees as the \n Secretary shall approve) in an amount not exceeding 90 \n percent of the appraised value of the property at such \n time.\n ``(c) Payment to Servicer of Existing Mortgage.--For each mortgage \ninsured under this section, the Secretary shall make a payment in the \namount of $1,000 to the servicer of the existing senior mortgage \nrefinanced by such insured mortgage.\n ``(d) Nonamortizing No-Interest Loan.--\n ``(1) In general.--In connection with each mortgage insured \n under this section, the Secretary shall make a loan under this \n subsection to the mortgagor, the proceeds of which shall be \n paid by the Secretary directly to the holder of the existing \n senior mortgage being refinanced by the mortgage insured under \n this section. Such loan shall be in an amount equal to the \n difference between--\n ``(A) the amount of the outstanding principal \n obligation under the existing senior mortgage \n refinanced by such insured mortgage as of the time of \n the origination of such insured mortgage; and\n ``(B) the amount of the original principal \n obligation of the insured mortgage.\n ``(2) Terms.--A loan under this section--\n ``(A) shall not bear interest; and\n ``(B) shall not require the borrower to make \n payments of principal, except as provided in paragraph \n (3).\n ``(3) Repayment.--A loan under this section shall require \n repayment of principal only if the borrower defaults with \n respect to the borrower's obligations under the insured \n mortgage in connection with which such loan is made during the \n 5-year period that begins on the date that such mortgage is \n insured, as follows:\n ``(A) Year 1.--If any such default occurs during \n the period that begins on the date that such mortgage \n is insured and ends 1 year after such date of \n insurance, the Secretary shall be entitled to repayment \n of 100 percent of the principal amount of the loan.\n ``(B) Year 2.--If any such default occurs during \n the period that begins 1 year after such date of \n insurance and ends 2 years after such date of \n insurance, the Secretary shall be entitled to 80 \n percent of such principal amount.\n ``(C) Year 3.--If any such default occurs during \n the period that begins 2 years after such date of \n insurance and ends 3 years after such date of \n insurance, the Secretary shall be entitled to 60 \n percent of such principal amount.\n ``(D) Year 4.--If any such default occurs during \n the period that begins 3 years after such date of \n insurance and ends 4 years after such date of \n insurance, the Secretary shall be entitled to 40 \n percent of such principal amount.\n ``(E) Year 5.--If any such default occurs during \n the period that begins 4 years after such date of \n insurance and ends 5 years after such date of \n insurance, the Secretary shall be entitled to 20 \n percent of such principal amount.\n ``(F) After year 5.--If any such default occurs \n after the expiration of the 5-year period that begins \n on such date of insurance, the Secretary shall not be \n entitled to repayment of any portion of such principal \n amount.\n ``(4) Lien.--Repayment of the portion of the principal \n amount of a loan made under this subsection that is required \n under paragraph (3) shall be secured by a lien on the residence \n that is subject to the mortgage insured under this section in \n connection with which such loan was made, that is held by the \n Secretary, and which shall have priority over all other liens \n on such residence.\n ``(e) Premiums.--Notwithstanding any other provision of this Act:\n ``(1) In general.--For each eligible mortgage insured under \n this section, the Secretary shall establish and collect an \n annual premium in an amount equal to not less than 0.55 percent \n of the amount of the remaining insured principal balance of the \n mortgage and not more than 0.75 percent of such remaining \n insured principal balance, as determined according to a \n schedule established by the Secretary that assigns such annual \n premiums based upon the credit risk of the mortgage.\n ``(2) Reduction or termination during mortgage term.--\n Notwithstanding paragraph (1), the Secretary may provide that \n the annual premiums charged for eligible mortgages insured \n under this section are reduced over the term of the mortgage or \n that the collection of such premiums is discontinued at some \n time during the term of the mortgage, in a manner that is \n consistent with policies for such reduction or discontinuation \n of annual premiums charged for mortgages in accordance with \n section 203(c).\n ``(f) Sunset.--The Secretary may not enter into any new commitment \nto insure any refinanced eligible mortgage, or newly insure any \nrefinanced eligible mortgage, pursuant to this section after the \nexpiration of the 3-year period beginning upon the date of the \nenactment of this Act.\n ``(g) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n ``(1) Eligible mortgage.--The term `eligible mortgage' \n means a mortgage that meets the requirement under subsection \n (b) for insurance under this section.\n ``(2) Existing mortgage.--The term `existing mortgage' \n means, with respect to a mortgage insured or to be insured \n under this section, a mortgage on the same residence that is to \n be subject to such mortgage insured under this section that is \n to be extinguished pursuant to such insured mortgage.\n ``(3) Existing senior mortgage.--The term `existing senior \n mortgage' means, with respect to a mortgage insured or to be \n insured under this section, the existing mortgage that has \n superior priority.\n ``(4) Existing subordinate mortgage.--The term `existing \n subordinate mortgage' means, with respect to a mortgage insured \n or to be insured under this section, an existing mortgage that \n has subordinate priority to the existing senior mortgage.\n ``(h) Authorization of Appropriations.--There is authorized to be \nappropriated for fiscal years 2009 through 2012--\n ``(1) $2,000,000,000 for payments under subsection (c) to \n servicers of eligible mortgages refinanced by such insured \n mortgages;\n ``(2) $1,500,000,000 for payments under (b)(4) for the \n extinguishment of subordinate liens on the properties subject \n to eligible mortgages refinanced by such insured mortgages; and\n ``(3) $90,000,000,000 for the costs (as such term is \n defined in section 502 of the Federal Credit Reform Act of 1974 \n (2 U.S.C. 661a)) of loans under subsection (d) to mortgagors \n under such insured mortgages.''.\n\nSEC. 3. SERVICER SAFE HARBOR.\n\n (a) Safe Harbor.--\n (1) Loan modifications and workout plans.--Notwithstanding \n any other provision of law, and notwithstanding any investment \n contract between a servicer and a securitization vehicle or \n investor, a servicer that acts consistent with the duty set \n forth in section 129A(a) of Truth in Lending Act (15 U.S.C. \n 1639a) shall not be liable for entering into a loan \n modification or workout plan with respect to any such mortgage \n that meets all of the criteria set forth in paragraph (2)(B) \n to--\n (A) any person, based on that person's ownership of \n a residential mortgage loan or any interest in a pool \n of residential mortgage loans or in securities that \n distribute payments out of the principal, interest and \n other payments in loans on the pool;\n (B) any person who is obligated pursuant to a \n derivatives instrument to make payments determined in \n reference to any loan or any interest referred to in \n subparagraph (A); or\n (C) any person that insures any loan or any \n interest referred to in subparagraph (A) under any law \n or regulation of the United States or any law or \n regulation of any State or political subdivision of any \n State.\n (2) Ability to modify mortgages.--\n (A) Ability.--Notwithstanding any other provision \n of law, and notwithstanding any investment contract \n between a servicer and a securitization vehicle or \n investor, a servicer--\n (i) shall not be limited in the ability to \n modify mortgages, the number of mortgages that \n can be modified, the frequency of loan \n modifications, or the range of permissible \n modifications; and\n (ii) shall not be obligated to repurchase \n loans from or otherwise make payments to the \n securitization vehicle on account of a \n modification, workout, or other loss mitigation \n plan for a residential mortgage or a class of \n residential mortgages that constitute a part or \n all of the mortgages in the securitization \n vehicle,\n if any mortgage so modified meets all of the criteria \n set forth in subparagraph (B).\n (B) Criteria.--The criteria under this subparagraph \n with respect to a mortgage are as follows:\n (i) Default on the payment of such mortgage \n has occurred or is reasonably foreseeable.\n (ii) The property securing such mortgage is \n occupied by the mortgagor of such mortgage.\n (iii) The servicer reasonably and in good \n faith believes that the anticipated recovery on \n the principal outstanding obligation of the \n mortgage under the particular modification or \n workout plan or other loss mitigation action \n will exceed, on a net present value basis, the \n anticipated recovery on the principal \n outstanding obligation of the mortgage to be \n realized through foreclosure.\n (3) Applicability.--This subsection shall apply only with \n respect to modifications, workouts, and other loss mitigation \n plans initiated before January 1, 2012.\n (b) Reporting.--Each servicer that engages in loan modifications or \nworkout plans subject to the safe harbor in subsection (a) shall report \nto the Secretary on a regular basis regarding the extent, scope and \nresults of the servicer's modification activities. The Secretary shall \nprescribe regulations specifying the form, content, and timing of such \nreports.\n (c) Definition of Securitization Vehicles.--For purposes of this \nsection, the term ``securitization vehicle'' means a trust, \ncorporation, partnership, limited liability entity, special purpose \nentity, or other structure that--\n (1) is the issuer, or is created by the issuer, of mortgage \n pass-through certificates, participation certificates, \n mortgage-backed securities, or other similar securities backed \n by a pool of assets that includes residential mortgage loans; \n and\n (2) holds such mortgages.","summary":"Home Ownership Vesting Plan Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to: (1) insure any mortgage covering a one- to four-family principal and sole residence that is made for the purpose of paying or prepaying outstanding obligations (refinancing) under an existing mortgage or mortgages meeting specified requirements. (2) pay $1,000 to the servicer of the existing senior mortgage refinanced by each mortgage insured under this Act. And (3) make a nonamortizing no-interest loan to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced. Sets forth a schedule for repayment of principal only if the borrower defaults. Shields a servicer from liability for entering into a loan modification or workout plan with respect to any such mortgage if the servicer acts consistent with the fiduciary duty of servicers of pooled residential mortgages under the Truth in Lending Act.","title":"To reduce foreclosures of residential mortgages.","text_len":19336,"sum_len":1026} {"bill_id":"112_hr2589","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Antiboycott Act''.\n\nSEC. 2. ANTIBOYCOTT PROVISIONS.\n\n (a) Findings.--The Congress finds that--\n (1) the Arab League boycott of Israel, and the secondary \n boycott of United States firms that have commercial ties with \n Israel, are an impediment to investment, trade, economic \n development, and peace in the Middle East and North Africa;\n (2) it is in the common interest of the people of Israel \n and the Arab states that the Arab League boycott be terminated, \n that the Central Office for the Boycott of Israel be closed, \n and that Arab League states normalize relations with their \n neighbor Israel; and\n (3) the President, the Secretary of State, and the \n Secretary of Commerce should continue to vigorously oppose the \n Arab League boycott of Israel and use the authorities enacted \n into law by Congress to take concrete steps to seek an end to \n the Arab League boycott.\n (b) Policy.--It is the policy of the United States--\n (1) to oppose restrictive trade practices or boycotts \n fostered or imposed by foreign countries against other \n countries friendly to the United States or against any United \n States person;\n (2) to encourage and, in specified cases, require United \n States persons engaged in the export of goods or technology or \n other information to refuse to take actions, including \n furnishing information or entering into or implementing \n agreements, which have the effect of furthering or supporting \n the restrictive trade practices or boycotts fostered or imposed \n by any foreign country against a country friendly to the United \n States or against any United States person; and\n (3) to foster international cooperation and the development \n of international rules and institutions to assure reasonable \n access to world supplies.\n (c) Prohibitions and Exceptions.--\n (1) Prohibitions.--In order to carry out the purposes set \n forth in subsection (b), the Secretary of Commerce (in this Act \n referred to as the ``Secretary'') shall issue regulations \n prohibiting any United States person, with respect to that \n person's activities in the interstate or foreign commerce of \n the United States, from taking or knowingly agreeing to take \n any of the following actions with intent to comply with, \n further, or support any boycott fostered or imposed by a \n foreign country against a country that is friendly to the \n United States and is not itself the object of any form of \n boycott pursuant to United States law or regulation:\n (A) Refusing, or requiring any other person to \n refuse, to do business with or in the boycotted \n country, with any business concern organized under the \n laws of the boycotted country, with any national or \n resident of the boycotted country, or with any other \n person, pursuant to an agreement with, or requirement \n of, or a request from or on behalf of the boycotting \n country. The mere absence of a business relationship \n with or in the boycotted country with any business \n concern organized under the laws of the boycotted \n country, with any national or resident of the boycotted \n country, or with any other person, does not indicate \n the existence of the intent required to establish a \n violation of regulations issued to carry out this \n subparagraph.\n (B) Refusing, or requiring any other person to \n refuse, to employ or otherwise discriminate against any \n United States person on the basis of the race, \n religion, sex, or national origin of that person or of \n any owner, officer, director, or employee of such \n person.\n (C) Furnishing information with respect to the \n race, religion, sex, or national origin of any United \n States person or of any owner, officer, director, or \n employee of such person.\n (D) Furnishing information about whether any person \n has, has had, or proposes to have any business \n relationship (including a relationship by way of sale, \n purchase, legal or commercial representation, shipping \n or other transport, insurance, investment, or supply) \n with or in the boycotted country, with any business \n concern organized under the laws of the boycotted \n country, with any national or resident of the boycotted \n country, or with any other person which is known or \n believed to be restricted from having any business \n relationship with or in the boycotting country. Nothing \n in this subparagraph shall prohibit the furnishing of \n normal business information in a commercial context as \n defined by the Secretary.\n (E) Furnishing information about whether any person \n is a member of, has made a contribution to, or is \n otherwise associated with or involved in the activities \n of any charitable or fraternal organization that \n supports the boycotted country.\n (F) Paying, honoring, confirming, or otherwise \n implementing a letter of credit that contains any \n condition or requirement the compliance with which is \n prohibited by regulations issued pursuant to this \n paragraph, and no United States person shall, as a \n result of the application of this paragraph, be \n obligated to pay or otherwise honor or implement such \n letter of credit.\n (2) Exceptions.--Regulations issued pursuant to paragraph \n (1) may provide exceptions for--\n (A) compliance, or agreement to comply, with \n requirements--\n (i) prohibiting the import of items from \n the boycotted country or items produced or \n provided, by any business concern organized \n under the laws of the boycotted country or by \n nationals or residents of the boycotted \n country; or\n (ii) prohibiting the shipment of items to \n the boycotting country on a carrier of the \n boycotted country or by a route other than that \n prescribed by the boycotting country or the \n recipient of the shipment;\n (B) compliance, or agreement to comply, with import \n and shipping document requirements with respect to the \n country of origin, the name of the carrier and route of \n shipment, the name of the supplier of the shipment, or \n the name of the provider of other services, except \n that, for purposes of applying any exception under this \n subparagraph, no information knowingly furnished or \n conveyed in response to such requirements may be stated \n in negative, blacklisting, or similar exclusionary \n terms, other than with respect to carriers or route of \n shipment as may be permitted by such regulations in \n order to comply with precautionary requirements \n protecting against war risks and confiscation;\n (C) compliance, or agreement to comply, in the \n normal course of business with the unilateral and \n specific selection by a boycotting country, or a \n national or resident thereof, of carriers, insurers, \n suppliers of services to be performed within the \n boycotting country, or specific items which, in the \n normal course of business, are identifiable by source \n when imported into the boycotting country;\n (D) compliance, or agreement to comply, with export \n requirements of the boycotting country relating to \n shipment or transshipment of exports to the boycotted \n country, to any business concern of or organized under \n the laws of the boycotted country, or to any national \n or resident of the boycotted country;\n (E) compliance by an individual, or agreement by an \n individual to comply, with the immigration or passport \n requirements of any country with respect to such \n individual or any member of such individual's family or \n with requests for information regarding requirements of \n employment of such individual within the boycotting \n country; and\n (F) compliance by a United States person resident \n in a foreign country, or agreement by such a person to \n comply, with the laws of the country with respect to \n the person's activities exclusively therein, and such \n regulations may contain exceptions for such resident \n complying with the laws or regulations of the foreign \n country governing imports into such country of \n trademarked, trade-named, or similarly specifically \n identifiable products, or components of products for \n such person's own use, including the performance of \n contractual services within that country.\n (3) Limitation on exceptions.--Regulations issued pursuant \n to paragraphs (2)(C) and (2)(F) shall not provide exceptions \n from paragraphs (1)(B) and (1)(C).\n (4) Antitrust and civil rights laws not affected.--Nothing \n in this subsection may be construed to supersede or limit the \n operation of the antitrust or civil rights laws of the United \n States.\n (5) Evasion.--This section applies to any transaction or \n activity undertaken by or through a United States person or any \n other person with intent to evade the provisions of this \n section or the regulations issued pursuant to this subsection. \n The regulations issued pursuant to this section shall expressly \n provide that the exceptions set forth in paragraph (2) do not \n permit activities or agreements (expressed or implied by a \n course of conduct, including a pattern of responses) otherwise \n prohibited, which are not within the intent of such exceptions.\n (d) Reports.--\n (1) In general.--Regulations issued under this section \n shall require that any United States person receiving a request \n to furnish information, enter into or implement an agreement, \n or take any other action referred to in subsection (c) shall \n report that request to the Secretary, together with any other \n information concerning the request that the Secretary \n determines appropriate. The person shall also submit to the \n Secretary a statement regarding whether the person intends to \n comply, and whether the person has complied, with the request.\n (2) Public availability of reports.--Any report filed \n pursuant to this subsection shall be made available promptly \n for public inspection and copying, except that information \n regarding the quantity, description, and value of any item to \n which such report relates may be kept confidential if the \n Secretary determines that disclosure of that information would \n place the United States person involved at a competitive \n disadvantage.\n (3) Summaries to secretary of state.--The Secretary shall \n periodically transmit summaries of the information contained in \n the reports filed pursuant to this subsection to the Secretary \n of State for such action as the Secretary of State, in \n consultation with the Secretary, considers appropriate to carry \n out the purposes set forth in subsection (b).\n (e) Preemption.--The provisions of this section and the regulations \nissued under this section shall preempt any law, rule, or regulation \nthat--\n (1) is a law, rule, or regulation of any of the several \n States or the District of Columbia, or any of the territories \n or possessions of the United States, or of any governmental \n subdivision thereof; and\n (2) pertains to participation in, compliance with, \n implementation of, or the furnishing of information regarding \n restrictive trade practices or boycotts fostered or imposed by \n foreign countries against other countries.\n (f) Penalties.--\n (1) Unlawful acts.--It shall be unlawful for a person to \n violate, attempt to violate, conspire to violate, or cause a \n violation of this section or of any regulation or order issued \n under this section.\n (2) Criminal penalty.--A person who, with knowledge or \n intent, commits, attempts to commit, or conspires to commit, or \n aids or abets in the commission of, an unlawful act described \n in subsection (c) shall, upon conviction, be fined not more \n than $1,000,000, or, if a natural person, be imprisoned for not \n more than 20 years, or both.\n (3) Civil penalties.--\n (A) Authority.--The President may impose the \n following civil penalties on a person for each \n violation by that person of this section or any \n regulation or order issued under this section, for each \n violation:\n (i) A fine of not more than $250,000.\n (ii) A prohibition on the person's ability \n to export any goods, technology, or services, \n whether or not a license has been issued \n previously to authorize such an export.\n (B) Procedures.--Any civil penalty under this \n subsection may be imposed only after notice and \n opportunity for an agency hearing on the record in \n accordance with sections 554 through 557 of title 5, \n United States Code, and shall be subject to judicial \n review in accordance with chapter 7 of such title.\n (C) Standards for levels of civil penalty.--The \n President may by regulation provide standards for \n establishing levels of civil penalty under this \n paragraph based upon the seriousness of the violation, \n the culpability of the violator, and the violator's \n record of cooperation with the Government in disclosing \n the violation.\n (g) Annual Report.--Not later than 180 days after the date of the \nenactment of this Act and annually thereafter, the President shall \nreport to the Congress on the implementation and enforcement of this \nsection and on additional steps taken by the United States to bring \nabout the termination of the Arab League boycott of Israel and to \nencourage Arab League states to normalize their relations with Israel.\n (h) Definition.--In this section, the term ``United States \nperson''--\n (1) means--\n (A) any United States resident or national;\n (B) any domestic concern (including any permanent \n domestic establishment of any foreign concern); and\n (C) any foreign subsidiary or affiliate (including \n any permanent foreign establishment) of any domestic \n concern that is controlled in fact by such domestic \n concern, as determined under regulations of the \n President; but\n (2) does not include an individual resident outside the \n United States who is employed by a person other than a person \n described in paragraph (1).","summary":"Antiboycott Act - States that: (1) the Arab League boycott of Israel and the secondary boycott of US firms that have commercial ties with Israel are an impediment to economic development and peace in the Middle East and North Africa. And (2) the President, the Secretary of State, and the Secretary of Commerce should seek an end to the Arab League boycott of Israel. Directs the Secretary of Commerce to issue regulations prohibiting, with specified exceptions, any US person from taking specified actions that support any boycott imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation. Sets forth criminal and civil penalties for violations of such regulations.","title":"To prohibit certain activities in support of the Arab League boycott of Israel, and for other purposes.","text_len":16870,"sum_len":789} {"bill_id":"106_hr4366","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Capitol Fire \nProtection Act of 2000''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) although progress has been made in recent years, the \n Capitol, House and Senate Office Buildings, and Library of \n Congress still do not provide staff and visitors with the fire \n safety and protection they deserve;\n (2) the Architect of the Capitol must place great emphasis \n on the need to ensure that these and other properties \n administered by the Architect, and individuals who visit or \n work in these properties, enjoy the maximum protection that \n modern technology and human diligence can provide against fire \n and related threats to life and property; and\n (3) properties and structures of the United States Capitol \n Complex are of historical and architectural significance and \n are an essential public and national resource, and it is \n essential that they be preserved and rehabilitated in such a \n manner as to retain their historical and architectural \n significance.\n (b) Purpose.--It is the purpose of this Act to establish the \nposition of the Director of Fire Safety and Protection to assist the \nArchitect of the Capitol in meeting the Architect's responsibilities \nfor fire safety and protection so that the properties of the United \nStates Capitol Complex will be protected from fire and serve as a safe \nenvironment for those who work or visit there.\n\nSEC. 3. ESTABLISHMENT OF POSITION OF DIRECTOR OF FIRE SAFETY AND \n PROTECTION.\n\n (a) Establishment.--There is hereby established in the Office of \nthe Architect of the Capitol the position of Director of Fire Safety \nand Protection.\n (b) Appointment; Compensation.--\n (1) Appointment.--The Director of Fire Safety and \n Protection shall be appointed by the Architect of the Capitol \n from among individuals with the knowledge, skills, and \n abilities necessary to carry out the duties described in this \n Act.\n (2) Compensation.--The Architect of the Capitol shall fix \n the rate of basic pay and benefits for the Director of Fire \n Safety and Protection at such rate as the Architect considers \n appropriate, except that such rate may not be less than the \n rate of pay and benefits for the Director of Engineering under \n the Architect of the Capitol.\n (c) Duties.--\n (1) In general.--Working under the direction and control of \n the Architect of the Capitol and reporting directly to the \n Architect, the Director of Fire Safety and Protection shall--\n (A) be responsible for all fire safety and \n protection activities of the Architect of the Capitol;\n (B) ensure that Architect properties meet the \n applicable codes and standards established by the \n National Fire Protection Association, except that the \n Architect may modify the application of such codes to \n the properties to take into account the historic and \n architecturally significant features of such properties \n so long as a reasonable degree of safety and protection \n is maintained; and\n (C) carry out the duties specified in paragraph \n (2).\n (2) Duties specified.--The duties specified in this \n paragraph are as follows:\n (A) The routine periodic testing and maintenance of \n all fire alarm, fire suppression, and fire protection \n systems in all Architect properties.\n (B) The conduct of comprehensive inspections and \n risk assessments on a regular basis (but not less \n frequently than once each year) of all Architect \nproperties to identify conditions which constitute fire hazards and to \ndevelop plans for the prompt abatement of such conditions, in \naccordance with the requirements specified in paragraph (1)(B).\n (C) The development and implementation of programs \n to train employees of the Architect of the Capitol and \n others in the proper use and maintenance of fire alarm, \n fire suppression, and fire protection systems and in \n the proper use and storage of hazardous chemicals and \n materials.\n (D) The identification of structural changes and \n repairs which may be necessary to assure maximum fire \n protection and safety in Architect properties, and the \n development of comprehensive plans to carry out such \n changes.\n (E) The preparation of semi-annual reports on the \n efforts made by the Director to carry out the duties \n required under this subsection.\n (F) Consultation with experts in fire safety and \n protection regarding the modification of codes and \n standards carried out pursuant to paragraph (1)(B) and \n such other matters relating to the Director's duties as \n the Director considers appropriate.\n (G) Such other steps as may be reasonably necessary \n to protect Architect properties from fire and provide a \n safe environment for employees and visitors.\n\nSEC. 4. RESPONSIBILITIES OF ARCHITECT.\n\n (a) In General.--The Architect of the Capitol shall provide the \nDirector of Fire Safety and Protection with such staff and other \nresources as the Director may reasonably require to carry out duties \nunder this Act, except that the Architect of the Capitol shall assign \nnot fewer than 12 full-time-equivalent employees to the Director for \ncarrying out such duties.\n (b) Budget Request.--Beginning with fiscal year 2002, the Architect \nof the Capitol shall include in the budget request for the Architect \nfor a fiscal year a separate statement of the total amount to be used \nto carry out the duties of the Director of Fire Safety and Protection \nin the fiscal year.\n (c) Submission of Reports.--The Architect shall submit to the \nCommittees on Appropriations of the House of Representatives and \nSenate, the Committee on House Administration of the House of \nRepresentatives, the Committee on Transportation and Infrastructure of \nthe House of Representatives, and the Committee on Rules and \nAdministration of the Senate the semi-annual reports prepared by the \nDirector of Fire Safety and Protection under section 3(c)(2)(E).\n\nSEC. 5. ARCHITECT PROPERTIES DEFINED.\n\n In this Act, the term ``Architect properties'' means any properties \nunder the jurisdiction of the Architect of the Capitol, including the \nCapitol, House and Senate Office Buildings, the Library of Congress, \nthe United States Botanic Garden, and the Capitol Power Plant.","summary":"Directs the Architect of the Capitol to assign at least 12 full-time employees to the Director.","title":"United States Capitol Fire Protection Act of 2000","text_len":7156,"sum_len":95} {"bill_id":"105_s2081","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Defense Science and \nTechnology Investment Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n The Congress of the United States finds the following:\n (1) To provide for the national security of the United \n States in the 21st century, the U.S. military must be able to \n dominate the full range of military operations, from \n humanitarian assistance to full-scale conflict. The keys to \n achieving this ``Full Spectrum Dominance,'' as described in the \n Department of Defense's ``Joint Vision 2010,'' are \n technological innovation and information superiority.\n (2) The global spread of advanced technology is \n transforming the military threats faced by the United States \n and will challenge our ability to achieve Full Spectrum \n Dominance. Some of the major technological challenges our \n military face include information warfare; proliferating \n weapons of mass destruction; inexpensive, precise, cruise \n missiles; and increasingly difficult operations in urban \n environments.\n (3) The United States is now in a relatively secure \n interlude in its international relations, but the future \n security environment is very uncertain. Thus, now is the time \n to focus our Defense investments on the research and \n experimentation needed to meet new and undefined threats and \n achieve Full Spectrum Dominance.\n (4) The Department of Defense has been the preeminent \n Federal agency supporting research in engineering, mathematics, \n and computer science, and a key supporter of research in the \n physical and environmental sciences. These disciplines remain \n critical to achieving information superiority and maintaining \n technological innovation in our military. The Department of \n Energy has played a critical role in supporting the research \n needed to limit the spread of weapons of mass destruction. No \n other organizations, public or private, can be expected to \n substitute for the role of the Department of Defense and \n Department of Energy in these research areas.\n (5) However, the current budget plan for the Defense \n Science and Technology Program is essentially flat in real \n terms through fiscal year 2003. The planned budget for \n nonproliferation science and technology activities at the \n Department of Energy will decline.\n (6) These budget plans are not consistent with the vision \n of Full Spectrum Dominance, the threats or uncertainties on the \n horizon, or the opportunity presented by the current state of \n international relations. The planned level of investment could \n pose a serious threat to our national security in the next 15 \n years, given the usual time it takes from the start of Defense \n research to achieving new military capabilities.\n (7) Consequently, the Congress must act to establish a \n long-term vision for the Defense Science and Technology \n Program's funding if the United States is to encourage the \n research and experimentation needed to seize the current \n opportunity and begin transforming our military to meet the new \n threats and achieve Full Spectrum Dominance early in the next \n century.\n (8) The Congress must also act to establish a robust long-\n term vision and funding plan in support of nonproliferation \n science and technology activities at the Department of Energy.\n\nSEC. 3. PURPOSE AND FUNDING REQUIREMENTS.\n\n (a) Purpose.--The purpose of this Act is to create a ten-year \nbudget plan to support the disciplines, research, and concept of \noperations experimentation that will transform our military and reduce \nthe threat from weapons of mass destruction early in the next century.\n (b) Funding Requirements.--\n (1) Defense science and technology program budget.--For \n each year from fiscal year 2000 until fiscal year 2008, it \n shall be an objective of the Secretary of Defense to increase \n the Defense Science and Technology Program budget by no less \n than 2.0 percent over inflation greater than the previous \n fiscal year's budget request.\n (2) Nonproliferation science and technology activities \n budget.--For each year from fiscal year 2000 until fiscal year \n 2008, it shall be an objective of the Secretary of Energy to \n increase the budget for nonproliferation science and technology \n activities by no less than 2.0 percent a year over inflation \n greater than the previous fiscal year's budget request.\n\nSEC. 4. GUIDELINES FOR THE DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.\n\n (a) Synergistic Management of Research and Development.--The \nSecretary of Defense may allocate a combination of funds from \nDepartment of Defense 6.1, 6.2, or 6.3 accounts in supporting any \nindividual project or program of the Defense Science and Technology \nProgram.\n (b) Relationship of the Defense Science and Technology Program to \nCommercial Research and Technology.--\n (1) In supporting projects within the Defense Science and \n Technology Program, the Secretary of Defense shall attempt to \n leverage commercial research, technology, products, and \n processes for the benefit of the Department of Defense to the \n maximum extent practicable.\n (2) Funds made available to the Defense Science and \n Technology Program must only be used to benefit the Department \n of Defense, which includes--\n (A) the development of defense unique technology;\n (B) the development of military useful, commercial \n viable technology; or\n (C) the adaption of commercial technology, \n products, or processes for military purposes.\n (c) Relationship of Defense Science and Technology Program to \nUniversity Research.--The following shall be key objectives of the \nDefense Science and Technology Program--\n (1) the sustainment of research capabilities in scientific \n and engineering disciplines critical to the Department of \n Defense;\n (2) the education and training of the next generation of \n scientists and engineers in disciplines relevant to future \n Defense systems, particularly through the conduct of basic \n research; and\n (3) the continued support of the Defense Experimental \n Program to Stimulate Competitive Research and research programs \n at Historically Black Colleges and Universities and Minority \n Institutions.\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act--\n (1) Defense science and technology program.--The term \n ``Defense Science and Technology Program'' means work funded in \n Department of Defense accounts 6.1, 6.2, or 6.3; and\n (2) Nonproliferation science and technology activities.--\n The term ``nonproliferation science and technology activities'' \n means work related to preventing and countering the \n proliferation of weapons of mass destruction that is funded by \n the Department of Energy under the following programs and \n projects of the Department's Office of Nonproliferation and \n National Security and Office of Defense Programs;\n (A) the Verification and Control Technology program \n within the Office of Nonproliferation and National \n Security;\n (B) projects under the ``Technology and Systems \n Development'' element of the Nuclear Safeguards and \n Security program within the Office of Nonproliferation \n and National Security;\n (C) projects relating to a national capability to \n assess the credibility of radiological and extortion \n threats, or to combat nuclear materials trafficking or \n terrorism, under the Emergency Management program \n within the Office of Nonproliferation and National \n Security;\n (D) projects relating to developing or integrating \n new technology to respond to emergencies and threats \n involving the presence, or possible presence, of \n weapons of mass destruction; radiological emergencies; \n and related terrorist threats, under the Office of \n Defense Programs; and\n (E) program direction costs for the programs and \n projects funded under subparagraphs (A) through (D).","summary":"National Defense Science and Technology Investment Act of 1998 - States that, for each year from FY 2000 until 2008, it shall be an objective of the Secretary of: (1) Defense to increase the Defense Science and Technology Program (DSTP) budget by not less than two percent over inflation over the year before. And (2) Energy to increase the budget for nonproliferation science and technology activities by not less than two percent over inflation over the year before. Authorizes the Secretary of Defense to expend funds from Department of Defense (DOD) 6.1, 6.2, or 6.3 accounts in supporting any individual DSTP project or program. Directs the Secretary to attempt to leverage commercial research, technology, products, and processes for the benefit of DOD. Allows funds made available to the DSTP to be used only to benefit DOD. Includes as key DSTP objectives: (1) the sustainment of research capabilities in scientific and engineering disciplines critical to DOD. (2) the education and training of the next generation of scientists and engineers in disciplines relevant to future defense systems. And (3) the continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at historically black colleges and universities and minority institutions.","title":"National Defense Science and Technology Investment Act of 1998","text_len":8938,"sum_len":1298} {"bill_id":"108_s1074","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Burial Benefits \nEnhancement Act of 2003''.\n\nSEC. 2. MODIFICATION OF ELIGIBILITY OF STATES FOR BURIAL PLOT \n ALLOWANCE.\n\n (a) In General.--Section 2303(b) of title 38, United States Code, \nis amended--\n (1) in the matter preceding paragraph (1), by striking ``a \n burial allowance under such section 2302, or under such \n subsection, who was discharged from the active military, naval, \n or air service for a disability incurred or aggravated in line \n of duty, or who is a veteran of any war'' and inserting \n ``burial in a national cemetery under section 2402 of this \n title''; and\n (2) in paragraph (2), by striking ``(other than a veteran \n whose eligibility for benefits under this subsection is based \n on being a veteran of any war)'' and inserting ``is eligible \n for a burial allowance under section 2302 of this title or \n under subsection (a) of this section, or was discharged from \n the active military, naval, or air service for a disability \n incurred or aggravated in line of duty, and such veteran''.\n (b) Applicability.--The amendments made by subsection (a) shall \napply with respect to the burial of persons dying on or after the date \nof the enactment of this Act.\n\nSEC. 3. LEASE OF UNUTILIZED OR UNDERUTILIZED PROPERTY OR FACILITIES OF \n NATIONAL CEMETERY ADMINISTRATION.\n\n (a) In General.--Chapter 24 of title 38, United States Code, is \namended by inserting after section 2406 the following new section:\n``Sec. 2406A. Lease of unutilized or underutilized land or facilities\n ``(a) Subject to the provisions of this section, the Secretary may \nlease to such lessee, and upon such terms and conditions as the \nSecretary considers will be in the public interest, any unutilized or \nunderutilized land or facilities of the United States that are part of \nthe National Cemetery Administration as the Secretary considers \nappropriate.\n ``(b) The term of any lease of land or facilities under subsection \n(a) may not exceed three years.\n ``(c)(1) A lease under subsection (a) to any public or nonprofit \norganization may be made without regard to the provisions of section \n3709 of the Revised Statutes (41 U.S.C. 5).\n ``(2) Notwithstanding section 1302 of title 40 or any other \nprovision of law, a lease under subsection (a) to any public or \nnonprofit organization may provide for the maintenance, protection, or \nrestoration by the lessee of the land or facilities covered by the \nlease as a part or all of the consideration for the lease.\n ``(3) Before entering into a lease of land or facilities under \nsubsection (a) to a public or nonprofit organization, the Secretary \nshall publish in a newspaper of general circulation in the community in \nwhich such land or facilities are located appropriate public notice of \nthe intention of the Secretary to enter into the lease.\n ``(d) Notwithstanding any other provision of law, proceeds from the \nlease of land or facilities under subsection (a) shall be deposited in \nthe National Cemetery Administration account. Amounts so deposited \nshall be merged with amounts in such account, and shall be available \nfor the same purposes, and subject to the same conditions and \nlimitations, as the amounts with which merged.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nthat chapter is amended by inserting after the item relating to section \n2406 the following new item:\n\n``2406A. Lease of unutilized or underutilized land or facilities.''.\n\nSEC. 4. ESTABLISHMENT OF NATIONAL CEMETERIES FOR GEOGRAPHICALLY \n UNDERSERVED POPULATIONS OF VETERANS.\n\n (a) In General.--Chapter 24 of title 38, United States Code, is \namended by adding at the end the following new section:\n``Sec. 2412. Establishment of national cemeteries: geographically \n underserved populations of veterans\n ``(a) Except as provided in subsection (c), the Secretary shall \nestablish a national cemetery in each geographic area identified by the \nSecretary under subsection (b) in order to ensure that the veterans who \nreside in such geographic area reside not more than 50 miles from an \nopen national cemetery.\n ``(b) The Secretary shall identify each geographic area in the \nUnited States in which--\n ``(1) the number of veterans who reside more than 50 miles \n from an open national cemetery or State cemetery for veterans \n exceeds 170,000 veterans; or\n ``(2) the number of veterans who reside more than 50 miles \n from an open national cemetery or State cemetery for veterans, \n when combined with the number of veterans who reside within 50 \n miles of a State cemetery for veterans but are ineligible for \n burial in such State cemetery due to residency requirements, \n exceeds 170,000 veterans.\n ``(c) If the Secretary determines that the expansion of one or more \nnational cemeteries in a geographic area identified under subsection \n(b) is adequate and appropriate to meet the needs of veterans and their \nfamilies in such geographic area, the Secretary shall expand such \nnational cemetery or cemeteries in lieu of meeting the requirement for \nsuch geographic area under subsection (a).\n ``(d) A national cemetery established under this section shall be \ntreated as a national cemetery of the National Cemetery Administration \nunder this chapter.\n ``(e) In this section, the term `open', with respect to a national \ncemetery or State cemetery for veterans, means that the national \ncemetery or State cemetery for veterans has the capacity for each of \nthe following:\n ``(1) First interment, in-ground casket burials.\n ``(2) Burial or inurnment of cremated remains.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nthat chapter is amended by adding at the end the following new item:\n\n``2412. Establishment of national cemeteries: geographically \n underserved populations of veterans.''.","summary":"Veterans' Burial Benefits Enhancement Act of 2003 - Revises eligibility requirements concerning the veterans' burial plot allowance paid by the Secretary of Veterans Affairs to a State cemetery. Authorizes the Secretary to lease any unutilized or underutilized land or facilities of the United States that are part of the National Cemetery Administration (Administration) for up to three years. Requires: (1) the lessee to maintain, protect, or restore such land or facilities. And (2) lease proceeds to be deposited into the Administration account. Directs the Secretary to establish a national cemetery in each geographic area in which more than 170,000 veterans reside more than 50 miles from an open (unfilled) national or State veterans' cemetery. Allows the Secretary to expand a current (filled) national cemetery in such an area in lieu of such requirement.","title":"A bill to amend title 38, United States Code, to enhance burial benefits for veterans, and for other purposes.","text_len":6174,"sum_len":865} {"bill_id":"104_hr4030","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``New Jersey Marine Ecosystem \nProtection Act of 1996''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to preserve and restore the fisheries \nand other marine wildlife of the New York Bight by closing the Mud Dump \nSite and ending the practice of disposal of contaminated dredged \nmaterial within that area.\n\nSEC. 3. CLOSURE OF MUD DUMP SITE.\n\n (a) Termination of Dumping.--On and after September 1, 1997, no \nperson shall transport any dredged material for the purpose of dumping \nit into ocean waters at the Mud Dump Site, other than for purposes of \nremediation in accordance with subsection (c).\n (b) Conditions for Dumping Before Termination.--\n (1) Category i and category ii dredged material only.--\n After the date of the enactment of this Act, no person shall \n transport any dredged material for the purpose of dumping it \n into ocean waters at the Mud Dump Site, other than Category I \n dredged material or Category II dredged material.\n (2) Conditions for category ii dredged material.--After the \n date of the enactment of this Act, no person shall transport \n any Category II dredged material for the purpose of dumping it \n into ocean waters at the Mud Dump Site, unless the applicant \n for a permit for the transport under title I of the Marine \n Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. \n 1411 et seq.) has certified, and the Secretary of the Army has \n published a finding of, the following:\n (A) The affected States or ports were requested to \n provide alternative sites for disposal of the material \n and failed to provide a reasonable alternative site.\n (B) Dumping of the material (including necessary \n capping material) at the Mud Dump Site will not \n increase the elevation of the ocean bottom at the Mud \n Dump Site--\n (i) such that the depth of the ocean at \n that site is less than 65 feet below the \n surface of the ocean; and\n (ii) above an elevation designed, based on \n scientific evidence, to contain the material \n within the lateral limits of the Mud Dump Site.\n (c) Site Remediation.--\n (1) Plan.--The Administrator of the Environmental \n Protection Agency, in cooperation with the Secretary of \n Commerce and the Secretary of the Army, shall develop a \n remediation and restoration plan in accordance with applicable \n laws and regulations for the Mud Dump Site and surrounding \n areas.\n (2) Designation of site.--The Administrator of the \n Environmental Protection Agency shall designate the Mud Dump \n Site and surrounding areas that have historically been used for \n disposal of contaminated material as the Historic Area \n Remediation Site under part 228 of title 40, Code of Federal \n Regulations, effective September 1, 1997.\n (3) Management of site.--The Historic Area Remediation \n Site--\n (A) shall be managed to reduce impacts at that site \n to acceptable levels in accordance with part 228.11(c) \n of title 40, Code of Federal Regulations; and\n (B) shall be remediated with uncontaminated dredged \n material that--\n (i) meets standards for Category I dredged \n material; and\n (ii) will not cause significant undesirable \n effects, including such effects through \n bioaccumulation.\n (d) Modification of Environmental Assessment.--The Secretary of the \nArmy and the Administrator of the Environmental Protection Agency shall \nmodify environmental assessment activities at the Mud Dump Site as \nappropriate to reflect the provisions of this Act.\n\nSEC. 4. TERMINATION OF OTHER OCEAN DUMPING OF DREDGED MATERIAL OFF OF \n COAST OF NEW JERSEY.\n\n (a) In General.--On and after September 1, 1997, no person shall \ntransport any dredged material for the purpose of dumping it into ocean \nwaters in the New York Bight Apex outside of the Historic Area \nRemediation Site designated under section 3(c), or into waters of the \nNew York-New Jersey Harbor.\n (b) Prohibition on Designation of Sites and Issuance of Permits.--\nThe Administrator of the Environmental Protection Agency may not \ndesignate any new site for ocean dumping of dredged material within the \nNew York Bight Apex, and the Secretary of the Army may not issue any \npermit for transportation of dredged material for the purpose of \ndumping it in the New York Bight Apex, except in accordance with this \nAct.\n\nSEC. 5. VIOLATIONS.\n\n Any violation of section 3 (a) or (b) or section 4(a) shall be \ntreated as a violation of title I of the Marine Protection, Research, \nand Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.).\n\nSEC. 6. DISPOSAL ALTERNATIVES.\n\n (a) In General.--The Secretary of the Army, in cooperation with the \nAdministrator of the Environmental Protection Agency, the Secretary of \nTransportation, State and local governments, and environmental and port \ninterests, may establish, operate, and maintain a confined dredged \nmaterial disposal facility or facilities within the confines of the \nPort of New York and New Jersey. Costs associated with implementation \nof this section shall be paid by non-Federal interests in substantially \nthe same manner as costs are required to be paid by non-Federal \ninterests under section 101 of the Water Resources Development Act of \n1986 (33 U.S.C. 2211).\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $260,000,000.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Terms defined in marine protection, research, and \n sanctuaries act of 1972.--Any term used in this Act that is \n defined in section 3 of the Marine Protection, Research, and \n Sanctuaries Act of 1972 (33 U.S.C. 1402) has the meaning given \n the term in that section.\n (2) Category i and category ii dredged material.--Each of \n the terms ``Category I dredged material'' and ``Category II \n dredged material'', respectively, means such material as \n determined under the 1992 United States Army Corps of Engineers \n New York District and the Environmental Protection Agency \n Region II Guidance for Performing Tests on Dredged Material \n Proposed for Ocean Disposal.\n (3) Mud dump site.--The term ``Mud Dump Site'' means the \n area designated by the Administrator of the Environmental \n Protection Agency under part 228.115(d)(6) of title 40, Code of \n Federal Regulations, as the New York Bight Dredged Material \n Disposal Site (Mud Dump) in the New York Bight Apex, North \n Atlantic Ocean for the disposal of dredged material generated \n in the Port of New York and New Jersey and nearby harbors.\n (4) New york bight apex.--The term ``New York Bight Apex'' \n means the ocean waters of the Atlantic Ocean westward of 73 \n degrees 30 minutes west longitude and northward of 40 degrees \n 10 minutes north latitude.","summary":"New Jersey Marine Ecosystem Protection Act of 1996 - Prohibits the transport of dredged material for the purpose of dumping it into ocean waters at the New York Bight Dredged Material Disposal Site , other than for remediation pursuant to this Act, on and after September 1, 1997. Prohibits, after the date of this Act's enactment, the transport of: (1) dredged material for such purpose, other than Category I or II dredged material. And (2) Category II dredged material for such purpose unless the applicant for a transport permit has certified, and the Secretary of the Army has published a finding, that the affected States or ports were requested to provide alternate disposal sites and failed to provide a reasonable alternative site, and that dumping at the Mud Dump Site will not increase the elevation of the ocean bottom at such Site beyond a certain point. Directs: (1) the Administrator of the Environmental Protection Agency to develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas and to designate such Site and areas that have been used for disposal of contaminated material as the Historic Area Remediation Site. And (2) the Secretary and Administrator to modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. Prohibits the transport of dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside the Historic Area Remediation Site, or into waters of the New York-New Jersey Harbor on and after September 1, 1997. Prohibits the Administrator from designating any new site for ocean dumping of dredged material within the Apex, and the Secretary from issuing any permit for transportation of dredged material for the purpose of dumping it in the Apex, except in accordance with this Act. Prescribes penalties for violations of this Act. Directs the Secretary to establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Authorizes appropriations.","title":"New Jersey Marine Ecosystem Protection Act of 1996","text_len":7559,"sum_len":2144} {"bill_id":"111_hr5617","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Energy Conservation Act of \n2010''.\n\nSEC. 2. HOME ENERGY CONSERVATION BONDS.\n\n (a) In General.--Subpart I of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 54G. HOME ENERGY CONSERVATION BONDS.\n\n ``(a) Home Energy Conservation Bond.--For purposes of this \nsubchapter, the term `home energy conservation bond' means any bond \nissued as part of an issue if--\n ``(1) 100 percent of the available project proceeds of such \n issue are to be used to make qualified residential energy \n efficiency assistance grants and loans,\n ``(2) not less than 20 percent of the available project \n proceeds of such issue are to be used to make qualified low-\n income residential energy efficiency assistance grants and \n loans,\n ``(3) not less than 10 percent of the available project \n proceeds of such issue are to be used to make qualified very \n low-income residential energy efficiency assistance grants,\n ``(4) repayments of principal and applicable interest on \n financing provided by the issue are used not later than the \n close of the 3-month period beginning on the date the \n prepayment (or complete repayment) is received to redeem bonds \n which are part of the issue or to make qualified residential \n energy efficiency assistance grants and loans,\n ``(5) the bond is issued by a State or local government, \n and\n ``(6) the issuer designates such bond for purposes of this \n section.\n ``(b) Limitation on Amount of Bonds Designated.--The maximum \naggregate face amount of bonds which may be designated under subsection \n(a) by any issuer shall not exceed the limitation amount allocated \nunder subsection (d) to such issuer.\n ``(c) National Limitation on Amount of Bonds Designated.--There is \na national home energy conservation bond limitation of $2,400,000,000.\n ``(d) Allocations.--\n ``(1) In general.--The limitation under subsection (c) \n shall be allocated by the Secretary among the States in \n proportion to the population of the States.\n ``(2) Allocations to largest local governments.--\n ``(A) In general.--In the case of any State in \n which there is a large local government, each such \n local government shall be allocated a portion of such \n State's allocation which bears the same ratio to the \n State's allocation (determined without regard to this \n subparagraph) as the population of such large local \n government bears to the population of such State.\n ``(B) Allocation of unused limitation to state.--\n The amount allocated under this subsection to a large \n local government may be reallocated by such local \n government to the State in which such local government \n is located.\n ``(C) Large local government.--For purposes of this \n section, the term `large local government' means any \n municipality or county if such municipality or county \n has a population of 500,000 or more.\n ``(e) Qualified Residential Energy Efficiency Assistance Grants and \nLoans.--For purposes of this section--\n ``(1) In general.--Qualified residential energy efficiency \n assistance grants and loans are any grant or low-interest loan, \n as the case may be, to acquire (including reasonable \n installation and testing costs) any of the following:\n ``(A) Any property which meets (at a minimum) the \n requirements of the Energy Star program and which is to \n be installed in a dwelling unit.\n ``(B) Any property not described in subparagraph \n (A) which meets (at a minimum) the requirements of the \n Water Sense program and which is to be installed in a \n dwelling unit.\n ``(C) Any improvements to a dwelling unit which are \n made pursuant to a plan which--\n ``(i) is developed by a Residential Energy \n Services Network (RESNET), Building Performance \n Institute (BPI), or equivalent, energy \n efficiency expert, and\n ``(ii) is certified by such energy \n efficiency expert (based on testing done before \n and after such improvements) as resulting in at \n least a 20 percent reduction in total household \n energy consumption related to heating, cooling, \n lighting, and appliances.\n For purposes of this subparagraph, improvements to a \n dwelling unit for basic health and safety may be taken \n into account to the extent that such improvements do \n not exceed 10 percent of the value of the grant or loan \n and are required under State or local law as a \n condition of making the other improvement described in \n this subparagraph.\n ``(2) Dollar limitations.--\n ``(A) Dwelling unit improvements.--\n ``(i) In general.--Such term shall not \n include any grant or loan for improvements \n described in paragraph (1)(C) with respect to \n any dwelling unit to the extent that such grant \n or loan (when added to all other grants or \n loans for such improvements) exceeds $5,000.\n ``(ii) Increased limitation for certain \n principal residences.--In the case of a \n dwelling unit which is used as a principal \n residence (within the meaning of section 121) \n by the recipient of the grant or loan referred \n to in clause (i)--\n ``(I) clause (i) shall be applied \n by substituting `$12,000' for `$5,000' \n if such grant or loan would satisfy the \n requirements of paragraph (1)(C) if \n such paragraph were applied by \n substituting `40 percent' for `20 \n percent', and\n ``(II) in any case to which \n subclause (I) does not apply, clause \n (i) shall be applied by substituting \n `$8,000' for `$5,000' if such grant or \n loan would satisfy the requirements of \n paragraph (1)(C) if such paragraph were \n applied by substituting `30 percent' \n for `20 percent'.\n ``(iii) Increased limitation for cash \n positive loans.--In the case of a dwelling unit \n which is used as a principal residence (within \n the meaning of section 121) by the recipient of \n a loan with respect to which the reduced energy \n costs which result from the improvements \n described in paragraph (1)(C) exceed the \n payments required under the terms of the loan--\n ``(I) clause (i) shall be applied \n by substituting `$12,000' for `$5,000', \n and\n ``(II) clause (ii) shall not apply.\n ``(B) Reduction in water consumption.--Such term \n shall not include any grant or loan for property \n described in paragraph (1)(B) with respect to any \n dwelling unit to the extent that such grant or loan \n (when added to all other grants or loans for such \n property) exceeds $500.\n ``(3) Low-interest loan.--The term `low interest loan' \n means any loan which charges interest at a rate which does not \n exceed the applicable Federal rate in effect under section \n 1288(b)(1) determined as of the issuance of the loan.\n ``(4) Exclusion of certain property.--The following \n property shall not be taken into account for purposes of \n paragraph (1):\n ``(A) Any equipment used in connection with a \n swimming pool, hot tub, or similar property.\n ``(B) Any television.\n ``(C) Any device for converting digital signal to \n analog.\n ``(D) Any DVD player.\n ``(E) Any video cassette recorder (VCR).\n ``(F) Any audio equipment.\n ``(G) Any cordless phone.\n ``(H) Any other item of property where there is \n substantial recreational use.\n ``(f) Qualified Low-Income Residential Efficiency Assistance Grants \nand Loans.--\n ``(1) In general.--Qualified low-income residential energy \n efficiency assistance grants and loans are any qualified \n residential energy efficiency assistance grant or loan, as the \n case may be, with respect to a dwelling unit which is occupied \n (at the time of the grant or loan) by individuals whose income \n is 100 percent or less of area median gross income. Rules \n similar to the rules of section 142(d)(2)(B) shall apply for \n purposes of this paragraph.\n ``(2) Restriction to grants and very low interest loans.--\n Such term shall not include any loan unless the rate of \n interest on such loan does not exceed the excess of--\n ``(A) the applicable Federal rate in effect under \n section 1288(b)(1) determined as of the issuance of the \n loan, over\n ``(B) 100 basis points.\n ``(g) Qualified Very Low-Income Residential Efficiency Assistance \nGrants.--For purposes of this section, qualified very low-income \nresidential energy efficiency assistance grants are any qualified low-\nincome residential energy efficiency assistance grant with respect to a \ndwelling unit which is occupied (at the time of the grant) by \nindividuals whose income is 50 percent or less of area median gross \nincome. Rules similar to the rules of section 142(d)(2)(B) shall apply \nfor purposes of this paragraph.\n ``(h) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Applicable interest.--The term `applicable interest' \n means, with respect to any loan, so much of any interest on \n such loan which exceeds 1 percentage point.\n ``(2) Special rule relating to arbitrage.--An issue shall \n not be treated as failing to meet the requirements of section \n 54A(d)(4)(A) by reason of any investment of available project \n proceeds in qualified residential energy efficiency assistance \n loans.\n ``(3) Exclusion of administrative expenses.--The amount \n treated as used to make any grant or loan described in this \n section shall not exceed the amount of such grant or loan.\n ``(4) Population.--The population of any State or local \n government shall be determined as provided in section 146(j) \n for the calendar year which includes the date of the enactment \n of this section.\n ``(5) Reporting.--\n ``(A) Reports by issuers.--Issuers of home energy \n conservation bonds shall, not later than 6 months after \n the expenditure period (as defined in section 54A) and \n annually thereafter until the last such bond is \n redeemed, submit reports to the Secretary regarding \n such bonds, including information regarding--\n ``(i) the number and monetary value of \n loans and grants provided and the purposes for \n which provided,\n ``(ii) the number of dwelling units the \n energy efficiency of which improved as result \n of such loans and grants,\n ``(iii) the types of property described in \n subparagraphs (A) and (B) of subsection (e)(1) \n installed as a result of such loans and grants \n and the projected energy savings with respect \n to such property, and\n ``(iv) the projected energy savings as a \n result of such loans and grants for \n improvements described in subsection (e)(1)(C).\n ``(B) Report to congress.--Not later than 12 months \n after receipt of the first report under subparagraph \n (A) and annually thereafter until the last such report \n is required to be submitted, the Secretary, in \n consultation with the Secretary of Energy and the \n Administrator of the Environmental Protection Agency, \n shall submit a report to Congress regarding the bond \n program under this section, including information \n regarding--\n ``(i) the aggregate of each category of \n information described in subparagraph (A) \n (including any independent assessment of \n projected energy savings), and\n ``(ii) an estimate of the amount of \n greenhouse gas emissions reduced as a result of \n such bond program.''.\n (b) Treatment as a Specified Tax Credit Bond for Purposes of Direct \nPayment Provisions.--Subparagraph (A) of section 6431(f)(3) of such \nCode is amended by striking ``or'' at the end of clause (iii), by \nstriking ``and'' at the end of clause (iv) and inserting ``or'', and by \nadding at the end the following new clause:\n ``(v) a home energy conservation bond (as \n defined in section 54G), and''.\n (c) Conforming Amendments.--\n (1) Paragraph (1) of section 54A(d) of such Code is amended \n by striking ``or'' at the end of subparagraph (D), by inserting \n ``or'' at the end of subparagraph (E), and by inserting after \n subparagraph (E) the following new subparagraph:\n ``(F) a home energy conservation bond,''.\n (2) Subparagraph (C) of section 54A(d)(2) of such Code is \n amended by striking ``and'' at the end of clause (iv), by \n striking the period at the end of clause (v) and inserting ``, \n and'', and by adding at the end the following new clause:\n ``(vi) in the case of a home energy \n conservation bond, a purpose specified in \n section 54G(a)(1).''.\n (3) The table of sections for subpart I of part IV of \n subchapter A of chapter 1 of such Code is amended by adding at \n the end the following new item:\n\n``Sec. 54G. Home energy conservation bonds.''.\n (d) Effective Date.--The amendments made by this section shall \napply to obligations issued after the date of the enactment of this \nAct.","summary":"Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population. Defines qualified residential energy efficiency assistance grants and loans as any grant or loan to acquire: (1) any property which meets the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit. And (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20 reduction in total household energy consumption related to heating, cooling, lighting, and appliances. Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use.","title":"To amend the Internal Revenue Code of 1986 to provide for home energy conservation bonds.","text_len":16148,"sum_len":1464} {"bill_id":"112_s3535","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nonprofit Energy Efficiency Act''.\n\nSEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Applicant.--The term ``applicant'' means a nonprofit \n organization that applies for a grant under this section.\n (2) Energy-efficiency improvement.--\n (A) In general.--The term ``energy-efficiency \n improvement'' means an installed measure (including a \n product, equipment, system, service, or practice) that \n results in a reduction in demand by a nonprofit \n organization for energy or fuel supplied from outside \n the nonprofit building.\n (B) Inclusions.--The term ``energy-efficiency \n improvement'' includes an installed measure described \n in subparagraph (A) involving--\n (i) repairing, replacing, or installing--\n (I) a roof, electrical wiring, \n plumbing, sewage, or lighting system, \n or component of a roof, electrical \n wiring, or system;\n (II) a window;\n (III) a door, including a security \n door; or\n (IV) a heating, ventilation, or air \n conditioning system or component of the \n system (including insulation);\n (ii) a renewable energy generation or \n heating system, including a solar, \n photovoltaic, wind, geothermal, or biomass \n (including wood pellet) system or component of \n the system; and\n (iii) any other measure taken to modernize, \n renovate, or repair a nonprofit building to \n make the nonprofit building more energy \n efficient.\n (3) Nonprofit building.--\n (A) In general.--The term ``nonprofit building'' \n means a building operated and owned by a nonprofit \n organization.\n (B) Inclusions.--The term ``nonprofit building'' \n includes a building described in subparagraph (A) that \n is--\n (i) a hospital;\n (ii) a youth center;\n (iii) a school;\n (iv) a social-welfare program facility;\n (v) a house of worship; and\n (vi) any other nonresidential and \n noncommercial structure.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (b) Establishment.--Not later than 1 year after the date of \nenactment of this section, the Secretary shall establish a pilot \nprogram to award grants for the purpose of retrofitting nonprofit \nbuildings with energy-efficiency improvements.\n (c) Grants.--\n (1) In general.--The Secretary may award grants under the \n program established under subsection (b).\n (2) Application.--The Secretary may award a grant under \n this section if an applicant submits to the Secretary an \n application at such time, in such form, and containing such \n information as the Secretary may prescribe.\n (3) Criteria for grant.--In determining whether to award a \n grant under this section, the Secretary shall apply \n performance-based criteria, which shall give priority to \n applications based on--\n (A) the cost-effectiveness of the energy-efficiency \n improvement; and\n (B) an effective plan for evaluation, measurement, \n and verification of energy savings.\n (4) Limitation on individual grant amount.--Each grant \n awarded under this section shall not exceed--\n (A) an amount equal to 50 percent of the energy-\n efficiency improvement; and\n (B) $200,000.\n (5) Cost sharing.--\n (A) In general.--A grant awarded under this section \n shall be subject to a minimum non-Federal cost-sharing \n requirement of 50 percent.\n (B) In-kind contributions.--The non-Federal share \n may be provided in the form of in-kind contributions of \n materials or services.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2013 through 2016, to remain available until expended.\n\nSEC. 3. OFFSET.\n\n Section 399A(i) of the Energy Policy and Conservation Act (42 \nU.S.C. 6371h-1(i)) is amended--\n (1) in paragraph (1), by striking ``2013'' and inserting \n ``2012 and $200,000,000 for each of fiscal years 2013 through \n 2016''; and\n (2) in paragraph (2), by striking ``2013'' and inserting \n ``2016''.","summary":"Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement. And (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50 of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2013-FY2016 and makes offsetting reductions in authorizations for energy sustainability and efficiency grants under the Energy Policy and Conservation Act.","title":"A bill to direct the Secretary of Energy to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements.","text_len":5365,"sum_len":873} {"bill_id":"113_hr2273","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Great Lakes Navigation System \nSustainability Act of 2013''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act the term--\n (1) ``Great Lakes'' and ``Great Lakes Navigational System'' \n means--\n (A)(i) Lake Superior;\n (ii) Lake Huron;\n (iii) Lake Michigan;\n (iv) Lake Erie; and\n (v) Lake Ontario;\n (B) all connecting waters between the lakes \n referred to in subparagraph (A) used for commercial and \n recreational navigation;\n (C) any navigation features in the lakes referred \n to in subparagraph (A) or waters described in \n subparagraph (B) that are a Federal operation or \n maintenance responsibility; and\n (D) areas of the Saint Lawrence River that are \n operated or maintained by the Government for commercial \n navigation.\n (2) ``eligible operations and maintenance'' has the same \n meaning as that term is defined in section 214 of the Water \n Resources Development Act of 1986 (33 U.S.C. 2241);\n (3) ``Secretary'' means the Secretary of the Army.\n\nSEC. 3. GREAT LAKES NAVIGATION SYSTEM.\n\n (a) Management of Great Lakes Navigation System.--To sustain the \nmost effective and efficient operation and maintenance of the Great \nLakes Navigation System, the Secretary, acting through the Chief of \nEngineers, shall manage and allocate funding for all of the \nindividually authorized commercial and recreational navigation projects \nin the Great Lakes Navigation System as components of a single, \ncomprehensive system, recognizing the interdependence of the projects.\n (b) Cargo Measurements.--Cargo measurements for the purpose of \nprioritizing annual operations and maintenance budget resources for the \nGreat Lakes Navigation System, and for any of the component projects of \nthe System, shall aggregate the tonnage of all components of the \nSystem.\n\nSEC. 4. GREAT LAKES SYSTEM SUSTAINABILITY.\n\n (a) In General.--The Secretary, acting through the Chief of \nEngineers, shall establish a program to fund eligible operations and \nmaintenance projects of the Great Lakes Navigation System with the \nobjective of maintaining such projects to their authorized depths and \nwidths.\n (b) Consultation.--The Secretary shall consult with the \nCongressional delegations from States that border the Great Lakes in \ndeveloping annual priorities for the apportionment of funding \nauthorized to be appropriated pursuant to this section.\n (c) Authorization of Appropriations.--For each of fiscal years 2014 \nthrough 2023, there is authorized to be appropriated from the Harbor \nMaintenance Trust Fund established by section 9505 of the Internal \nRevenue Code $200,000,000 to fund eligible operations and maintenance \nof the Great Lakes Navigation System. Funds appropriated pursuant to \nthis section may remain available until expended.\n (d) Cost Share.--\n (1) In general.--Of the amounts made available pursuant to \n subsection (c), the Secretary, acting through the Chief of \n Engineers, shall give a higher priority to projects described \n in paragraph (2) than to projects described in paragraph (3).\n (2) Certain harbors providing a cost share.--\n (A) Not subject to harbor maintenance fee.--A Great \n Lakes Navigation System project that is not subject to \n the harbor maintenance fee under section 24.24 of title \n 19, Code of Federal Regulations (or successor \n regulations) and for which the non-Federal sponsor \n provides a cost share of 50 percent of the costs of \n eligible operations and maintenance expenses, is \n eligible for Federal operations and maintenance funds \n made available pursuant to subsection (c).\n (B) Subject to harbor maintenance trust fund but no \n cargo.--A Great Lakes Navigation System project that is \n subject to the harbor maintenance fee under section \n 24.24 of title 19, Code of Federal Regulations (or \n successor regulations), has not had commercial cargo \n loaded or unloaded from its harbor during the previous \n 2 fiscal years, and for which the non-Federal sponsor \n provides a cost share of 50 percent of the costs of \n eligible operations and maintenance expenses is \n eligible for Federal operations and maintenance funds \n made available pursuant to subsection (c).\n (3) Certain harbors with no cost share.--A Great Lakes \n Navigation System project that otherwise meets the description \n in subparagraphs (A) or (B) of paragraph (2), and for which the \n non-Federal sponsor of the project does not provide a cost \n share of 50 percent of the costs of eligible operations and \n maintenance expenses, is eligible to receive Federal operations \n and maintenance funds made available pursuant to subsection (c) \n after projects under such subparagraphs are funded.","summary":"Great Lakes Navigation System Sustainability Act of 2013 - Directs the Secretary of the Army, acting through the Chief of Engineers, to manage and allocate funding for all commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single system, recognizing the interdependence of the projects. Directs the Secretary, acting through the Chief of Engineers, to: (1) establish a program to fund eligible operations and maintenenace projects of the System to their authorized depths and widths, and (2) give higher priority to projects at certain harbors in which a 50 non-federal share of costs of eligible operations and maintenance expenses is provided.","title":"Great Lakes Navigation System Sustainability Act of 2013","text_len":5392,"sum_len":698} {"bill_id":"112_s3385","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Authorized Rural Water Projects \nCompletion Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Fund.--The term ``Fund'' means the Reclamation Rural \n Water Construction Fund established by section 3(a).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. RECLAMATION RURAL WATER CONSTRUCTION FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a fund, to be known as the ``Reclamation Rural Water \nConstruction Fund'', consisting of--\n (1) such amounts as are deposited in the Fund under \n subsection (b); and\n (2) any interest earned on investment of amounts in the \n Fund under subsection (d).\n (b) Deposits to Fund.--\n (1) In general.--For each of fiscal years 2013 through \n 2029, the Secretary of the Treasury shall deposit in the Fund \n $80,000,000 of the revenues that would otherwise be deposited \n for the fiscal year in the reclamation fund established by the \n first section of the Act of June 17, 1902 (32 Stat. 388, \n chapter 1093).\n (2) Availability of amounts.--Amounts deposited in the Fund \n under paragraph (1) shall--\n (A) be made available in accordance with this \n section, without further appropriation; and\n (B) be in addition to amounts appropriated for such \n purposes under any other provision of law.\n (3) Limitation.--Notwithstanding paragraphs (1) and (2), no \n amounts may be deposited in, or made available from, the Fund \n under those paragraphs if the transfer or availability of the \n amounts would increase the deficit.\n (c) Expenditures From Fund.--\n (1) In general.--\n (A) Expenditures.--Subject to subparagraph (B), for \n each of fiscal years 2013 through 2034, the Secretary \n may expend from the Fund not more than the sum of--\n (i) $80,000,000; and\n (ii) the amount of interest accrued in the \n Fund for the fiscal year in which the \n expenditures are made.\n (B) Additional expenditures.--Notwithstanding \n subparagraph (A), the Secretary may expend more than \n $80,000,000 for any fiscal year listed in subparagraph \n (A) if such amounts are available in the Fund due to \n expenditures not reaching $80,000,000 in 1 or more \n prior fiscal years.\n (2) Use.--\n (A) In general.--Subject to subparagraph (B), the \n Secretary may use amounts from the Fund to complete \n construction of rural water projects--\n (i) authorized to be carried out by the \n Secretary on or before the date of enactment of \n this Act; or\n (ii) for which--\n (I) pursuant to section 106(e) of \n Rural Water Supply Act of 2006 (43 \n U.S.C. 2405(e)), the Secretary has \n completed a feasibility report by \n September 30, 2012, that recommends the \n construction of a rural water project; \n and\n (II) an Act of Congress after the \n date of enactment of this Act has \n authorized the construction of the \n project.\n (B) Limitation.--The Secretary may not use amounts \n from the Fund to pay for any operation and maintenance \n costs of an authorized rural water project.\n (3) Conditions.--The Secretary shall not expend any amounts \n from the Fund until the date on which the Secretary develops--\n (A) programmatic goals to carry out this section \n that--\n (i) would enable the completion of \n construction of the authorized rural water \n projects as expeditiously as possible; and\n (ii) reflect--\n (I) the goals and priorities \n identified in the laws authorizing the \n authorized rural water projects; and\n (II) the goals of the Reclamation \n Rural Water Supply Act of 2006 (43 \n U.S.C. 2401 et seq.); and\n (B) funding prioritization criteria to serve as a \n formula for distributing funds under this section that \n take into account--\n (i) an evaluation of the urgent and \n compelling need for potable water supplies in \n the affected rural and tribal communities;\n (ii) the status of the current stages of \n completion of the authorized rural water \n project;\n (iii) the financial needs of the affected \n rural and tribal communities;\n (iv) the potential economic benefits of the \n expenditures on job creation and general \n economic development in the affected rural and \n tribal communities;\n (v) the ability of the authorized rural \n water project to address regional and watershed \n level water supply needs;\n (vi) the ability of the authorized rural \n water project--\n (I) to minimize water and energy \n consumption; and\n (II) to encourage the development \n of renewable energy resources, such as \n wind, solar, and hydropower elements;\n (vii) the need for the authorized rural \n water project to address--\n (I) the needs of Indian tribes and \n members of Indian tribes; and\n (II) other community needs or \n interests; and\n (viii) such other factors as the Secretary \n determines to be appropriate to prioritize the \n use of available funds.\n (d) Investments of Amounts.--\n (1) In general.--The Secretary shall invest such portion of \n the Fund as is not, in the judgment of the Secretary, required \n to meet current withdrawals.\n (2) Credits to fund.--The interest on, and the proceeds \n from the sale or redemption of, any obligations held in the \n Fund shall be credited to, and form a part of, the Fund.\n (e) Transfers of Amounts.--\n (1) In general.--The amounts required to be transferred to \n the Fund under this section shall be transferred at least \n monthly from the general fund of the Treasury to the Fund on \n the basis of estimates made by the Secretary of the Treasury.\n (2) Adjustments.--Proper adjustment shall be made in \n amounts subsequently transferred to the extent prior estimates \n were in excess of or less than the amounts required to be \n transferred.\n (f) Termination.--On September 30, 2034--\n (1) the Fund shall terminate; and\n (2) the unexpended and unobligated balance of the Fund \n shall be transferred to the reclamation fund established by the \n first section of the Act of June 17, 1902 (32 Stat. 388, \n chapter 1093).","summary":"Authorized Rural Water Projects Completion Act - Establishes in the Treasury a Reclamation Rural Water Construction Fund, into which the Secretary of the Treasury shall deposit for each of FY2013-FY2029 a specified amount of revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. Authorizes the Secretary to use amounts from the Fund to complete construction of rural water projects: (1) that were authorized to be carried out on or before this Act's enactment, or (2) for which the Secretary completed a feasibility report by September 30, 2012, that recommends construction and for which an Act of Congress enacted after this Act's enactment has authorized construction. Prohibits the Secretary from using amounts from the Fund to pay for project operation and maintenance costs. Prohibits the Secretary from expending amounts from the Fund until the date on which the Secretary develops: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as possible and that reflect the goals and priorities identified in the laws authorizing the projects and the goals of the Reclamation Rural Water Supply Act. And (2) funding prioritization criteria that takes into account specified information, including an evaluation of the need for potable water supplies in the affected rural and tribal communities, the completion status of a project, and the financial needs of the affected communities. Terminates the Fund on September 30, 2034.","title":"A bill to authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes.","text_len":8352,"sum_len":1561} {"bill_id":"106_s3233","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Mental Health Modernization \nAct of 2000''.\n\nSEC. 2. FINDINGS.\n\n The Senate finds the following:\n (1) Older people have the highest rate of suicide of any \n population in the United States, and the suicide rate of that \n population increases with age, with individuals 65 and older \n accounting for 20 percent of all suicide deaths in the United \n States, while comprising only 13 percent of the population of \n the United States.\n (2) Disability due to mental illness in individuals over 65 \n years old will become a major public health problem in the near \n future because of demographic changes. In particular, dementia, \n depression, schizophrenia, among other conditions, will all \n present special problems for this age group.\n (3) Major depression is strikingly prevalent among older \n people, with between 8 and 20 percent of older people in \n community studies and up to 37 percent of those seen in primary \n care settings experiencing symptoms of depression.\n (4) Almost 20 percent of the population of individuals age \n 55 and older, experience specific mental disorders that are not \n part of normal aging.\n (5) Unrecognized and untreated depression, Alzheimer's \n disease, anxiety, late-life schizophrenia, and other mental \n conditions can be severely impairing and may even be fatal.\n (6) Substance abuse, particularly the abuse of alcohol and \n prescription drugs, among adults 65 and older is one of the \n fastest growing health problems in the United States, with 17 \n percent of this age group suffering from addiction or substance \n abuse. While addiction often goes undetected and untreated \n among older adults, aging and disability makes the body more \n vulnerable to the effects of alcohol and drugs, further \n exacerbating other age-related health problems. Medicare \n coverage for addiction treatment of the elderly needs to \n recognize these special vulnerabilities.\n (7) The disabled are another population receiving \n inadequate mental health care through medicare. According to \n the Health Care Financing Administration, medicare is the \n primary health care coverage for the 5,000,000 non-elderly, \n disabled people on Social Security Disability Insurance. Up to \n 40 percent of these individuals have a diagnosis of mental \n illness, and also face severe discrimination in mental health \n coverage.\n\nSEC. 3. DECREASE IN MEDICARE BENEFICIARY COPAYMENT FOR OUTPATIENT \n MENTAL HEALTH SERVICES.\n\n (a) In General.--Section 1833(c) of the Social Security Act (42 \nU.S.C. 1395l(c)) is repealed.\n (b) Conforming Amendment.--Section 1866(a)(2)(A) of such Act (42 \nU.S.C. 1395cc(a)(2)(A)) is amended by striking the second sentence.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to items and services furnished on or after the date of \nenactment of this Act.\n\nSEC. 4. INTENSIVE RESIDENTIAL SERVICES.\n\n (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)) is \namended--\n (1) in paragraph (4), by striking ``and'' at the end;\n (2) in paragraph (5), by striking the period at the end of \n and inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(5) intensive residential services (as defined in section \n 1861(uu)) furnished to an individual for up to 120 days during \n any calendar year.''.\n (b) Intensive Residential Services Defined.--Section 1861 of the \nSocial Security Act (42 U.S.C. 1395x) is amended by adding at the end \nthe following new subsection:\n\n ``Intensive Residential Services\n\n ``(uu)(1) Subject to paragraphs (2) and (3), the term `intensive \nresidential services' means inpatient services provided in any of the \nfollowing facilities:\n ``(A) Residential detoxification centers.\n ``(B) Crisis residential programs or mental illness \n residential treatment programs.\n ``(C) Therapeutic family or group treatment homes.\n ``(D) Residential centers for substance abuse treatment.\n ``(2) No service may be treated as an intensive residential service \nunless the facility at which the service is provided--\n ``(A) is legally authorized to provide such service under \n the law of the State (or under a State regulatory mechanism \n provided by State law) in which the facility is located or is \n certified to provide such service by an appropriate \n accreditation entity approved by the State in consultation with \n the Secretary; and\n ``(B) meets such other requirements as the Secretary may \n impose to assure the quality of the intensive residential \n services provided.\n ``(3) No service may be treated as an intensive residential service \nunder paragraph (1) unless the service is furnished in accordance with \nstandards established by the Secretary for the management of such \nservices.''.\n (c) Reduction in Days of Coverage for Inpatient Services.--Section \n1812(b)(3) of the Social Security Act (42 U.S.C. 1395d(b)(3)) is \namended by striking the period at the end and inserting the following: \n``, reduced by a number of days determined by the Secretary so that the \nactuarial value of providing such number of days of services under this \nparagraph to the individual is equal to the actuarial value of the days \nof inpatient residential services furnished to the individual under \nsubsection (a)(5) during the year after such services have been \nfurnished to the individual for 120 days during the year (rounded to \nthe nearest day).''.\n (d) Amount of Payment.--Section 1814 of the Social Security Act (42 \nU.S.C. 1395f) is amended--\n (1) in subsection (b), in the matter preceding paragraph \n (1), by inserting ``other than a provider of intensive \n residential services,'' after ``hospice care,''; and\n (2) by adding at the end the following new subsection:\n\n ``Payment for Intensive Residential Services\n\n ``(m)(1) Except as provided in paragraphs (2) and (3), the amount \nof payment under this part for intensive residential services under \nsection 1812(a)(5) shall be equal to the lesser of--\n ``(A) the reasonable cost of such services, as determined \n under section 1861(v), or\n ``(B) the customary charges with respect to such services,\nless the amount a provider may charge as described in clause (ii) of \nsection 1866(a)(2)(A).\n ``(2) If intensive residential services are furnished by a public \nprovider of services or by another provider which demonstrates to the \nsatisfaction of the Secretary that a significant portion of its \npatients are low-income (and requests that payment be made under this \nclause), free of charge or at nominal charges to the public, the \nSecretary shall determine the amount of payment for such services in \naccordance with subsection (b)(2).\n ``(3) If (and for so long as) the conditions described in \nsubsection (b)(3) are met, the Secretary shall determine the amount of \npayment for intensive residential services under the reimbursement \nsystem described in such subsection.''.\n\nSEC. 5. STUDY OF COVERAGE CRITERIA FOR ALZHEIMER'S DISEASE AND RELATED \n MENTAL ILLNESSES.\n\n (a) Study.--\n (1) In general.--The Secretary of Health and Human Services \n (in this section referred to as the ``Secretary'') shall \n conduct a study to determine whether the criteria for coverage \n of any therapy service (including occupational therapy services \n and physical therapy services) or any outpatient mental health \n care service under the medicare program under title XVIII of \n the Social Security Act unduly restricts the access of any \n medicare beneficiary who has been diagnosed with Alzheimer's \n disease or a related mental illness to such a service because \n the coverage criteria requires the medicare beneficiary to \n display continuing clinical improvement to continue to receive \n the service.\n (2) Determination of new coverage criteria.--If the \n Secretary determines that the coverage criteria described in \n paragraph (1) unduly restricts the access of any medicare \n beneficiary to the services described in such paragraph, the \n Secretary shall identify alternative coverage criteria that \n would permit a medicare beneficiary who has been diagnosed with \nAlzheimer's disease or a related mental illness to receive coverage for \nhealth care services under the medicare program that are designed to \ncontrol symptoms, maintain functional capabilities, reduce or deter \ndeterioration, and prevent or reduce hospitalization of the \nbeneficiary.\n (b) Report.--Not later than 1 year after the date of enactment of \nthis Act, the Secretary shall submit to the committees of jurisdiction \nof Congress a report on the study conducted under subsection (a) \ntogether with such recommendations for legislative and administrative \naction as the Secretary determines appropriate.\n\nSEC. 6. MENTAL HEALTH COUNSELING SERVICES.\n\n (a) Adding Mental Health Counselor Services to the Definition of \nMedical and Other Health Services.--Section 1861(s)(2) of the Social \nSecurity Act (42 U.S.C. 1395(s)(2)) is amended--\n (1) in subparagraph (S), by striking ``and'' at the end;\n (2) in subparagraph (T)(ii), by adding ``and'' at the end; \n and\n (3) by adding at the end the following new subparagraph:\n ``(U) mental health counselor services (as defined \n in subsection (vv));''.\n (b) Mental Health Counselor; Mental Health Counselor Services \nDefined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as \namended by section 4, is amended by adding at the end the following new \nsubsection:\n\n ``Mental Health Counselor; Mental Health Counselor Services\n\n ``(vv)(1) The term `mental health counselor' means an individual \nwho--\n ``(A) possesses a master's or doctor's degree in counseling \n or a related field;\n ``(B) after obtaining such a degree has performed at least \n 2 years of supervised mental health counselor practice; and\n ``(C)(i) is licensed or certified as a mental health \n counselor or professional counselor by the State in which the \n services are performed; or\n ``(ii) in the case of an individual in a State that does \n not provide for licensure or certification--\n ``(I) has completed at least 2 years or 3,000 hours \n of post-master's degree supervised mental health \n counselor practice under the supervision of a master's \n or doctor's level mental health provider in an \n appropriate setting (as determined by the Secretary); \n and\n ``(II) meet such other criteria as the Secretary \n establishes.\n ``(2) The term `mental health counselor services' means services \nperformed by a mental health counselor (as defined in paragraph (1)) \nfor the diagnosis and treatment of mental illnesses which the mental \nhealth counselor is legally authorized to perform under State law (or \nthe State regulatory mechanism provided by the State law) of the State \nin which such services as performed as would otherwise be covered if \nfurnished by a physician or as incident to a physician's professional \nservice.''.\n (c) Payment.--Section 1833(a)(1) of the Social Security Act (42 \nU.S.C. 1395l(a)(1)) is amended--\n (1) by striking ``and'' before ``(S)''; and\n (2) by inserting before the semicolon at the end the \n following: ``, and (T) with respect to mental health counselor \n services under section 1861(s)(2)(U), the amounts paid shall be \n 80 percent of (i) the actual charge for the services or (ii) 75 \n percent of the amount determined for payment of a psychologist \n under clause (L)''.\n\nSEC. 7. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER \n THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT \n SYSTEM AND CONSOLIDATED PAYMENT.\n\n (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security \nAct (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical \nsocial worker services,'' after ``qualified psychologist services,''.\n (b) Conforming Amendment.--Section 1861(hh)(2) of such Act (42 \nU.S.C. 1395x(hh)(2)) is amended by striking ``and other than services \nfurnished to an inpatient of a skilled nursing facility which the \nfacility is required to provide as a requirement for participation''.\n (c) Effective Date.--The amendments made by this section apply as \nif included in the enactment of section 4432(a) of the Balanced Budget \nAct of 1997.","summary":"Amends Medicare part A to provide for coverage of intensive residential services. Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for Medicare coverage of any therapy service or any outpatient mental health care service unduly restricts the access to such a service of any Medicare beneficiary diagnosed with Alzheimer's disease or a related mental illness because the coverage criteria requires the beneficiary to display continuing clinical improvement to continue to receive the service. Amends Medicare to: (1) cover mental health counselor services. And (2) exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.","title":"Medicare Mental Health Modernization Act of 2000","text_len":13325,"sum_len":747} {"bill_id":"109_hr170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Filipino Veterans Fairness Act''.\n\nSEC. 2. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY \n PENSION.\n\n (a) Eligibility.--Section 107 of title 38, United States Code, is \namended--\n (1) in subsection (a)--\n (A) in paragraph (3) of the first sentence, by \n inserting ``15,'' before ``23,''; and\n (B) in the second sentence, by striking \n ``subsection (c) or (d)'' and inserting ``subsections \n (c), (d), and (e)'' ; and\n (2) in subsection (b)--\n (A) in paragraph (2) of the first sentence, by \n inserting ``15,'' before ``23,''; and\n (B) in the second sentence, by striking \n ``subsection (c) or (d)'' and inserting ``subsections \n (c), (d), and (e)''.\n (b) Rate of Payment.--That section is further amended by adding at \nthe end the following new subsection:\n ``(e) In the case of benefits under chapter 15 of this title paid \nby reason of service described in subsection (a) or (b)--\n ``(1) if the benefits are paid to an individual residing in \n the United States who is a citizen of, or an alien lawfully \n admitted for permanent residence in, the United States, the \n second sentence of the applicable subsection shall not apply; \n and\n ``(2) if the benefits are paid to an individual residing in \n the Republic of the Philippines, the benefits shall be paid \n (notwithstanding any other provision of law) at the rate of \n $100 per month.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act and shall apply to \nbenefits for months beginning on or after that date.\n\nSEC. 3. ELIGIBILITY FOR VOCATIONAL REHABILITATION.\n\n (a) Eligibility.--Section 107 of title 38, United States Code, as \namended by this Act, is further amended--\n (1) in subsection (a)--\n (A) in paragraph (3) of the first sentence--\n (i) by striking ``and'' before ``24''; and\n (ii) by inserting ``, and chapter 31'' \n before ``of this title'';\n (B) in the second sentence, by striking ``and (e)'' \n and inserting ``(e), and (f)''; and\n (2) in subsection (b)--\n (A) in paragraph (2) of the first sentence--\n (i) by striking ``and'' before ``24''; and\n (ii) by inserting ``, and chapter 31'' \n before ``of this title'';\n (B) in the second sentence, by striking ``and (e)'' \n and inserting ``(e), and (f)''.\n (b) Rate of Payment.--That section is further amended by adding at \nthe end the following new subsection:\n ``(f) In the case of benefits under chapter 31 of this title paid \nby reason of service described in subsection (a) or (b), if the \nbenefits are paid to an individual residing in the United States who is \na citizen of, or an alien lawfully admitted for permanent residence in, \nthe United States, the second sentence of the applicable subsection \nshall not apply.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act and shall apply to \nbenefits for months beginning on or after that date.\n\nSEC. 4. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE \n PHILIPPINES.\n\n (a) In General.--Subchapter IV of chapter 17 of title 38, United \nStates Code, is amended--\n (1) by redesignating section 1735 as section 1736; and\n (2) by inserting after section 1734 the following new \n section 1735:\n``Sec. 1735. Outpatient care and services for World War II veterans \n residing in the Philippines\n ``(a) Outpatient Health Care.--The Secretary shall furnish care and \nservices to veterans of World War II, Commonwealth Army veterans, and \nnew Philippine Scouts for the treatment of the service-connected \ndisabilities and nonservice-connected disabilities of such veterans and \nscouts residing in the Republic of the Philippines on an outpatient \nbasis at the Manila VA Outpatient Clinic.\n ``(b) Limitations.--(1) The amount expended by the Secretary for \nthe purpose of subsection (a) in any fiscal year may not exceed \n$500,000.\n ``(2) The authority of the Secretary to furnish care and services \nunder subsection (a) is effective in any fiscal year only to the extent \nthat appropriations are available for that purpose.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by striking the item relating to \nsection 1735 and inserting the following new items:\n\n``1735. Outpatient care and services for World War II veterans residing \n in the Philippines.\n``1736. Definitions.''.\n\nSEC. 5. ELIGIBILITY FOR HOUSING LOANS.\n\n Section 3701(b) of title 38, United States Code, is amended by \nadding at the end the following new paragraph:\n ``(6) The term `veteran' also includes an individual who is \n a Commonwealth Army veteran (as defined in subsection (a) of \n section 3566 of this title), or a new Philippine Scout (as \n defined in subsection (b) of such section) who resides in the \n United States.''.\n\nSEC. 6. EDUCATIONAL BENEFITS FOR SPOUSES AND DEPENDENTS.\n\n (a) Inclusion of Spouses.--Section 3565(a) of title 38, United \nStates Code, is amended to read as follows:\n ``(a) The term `eligible person' as used in section 3501(a)(1) of \nthis title includes the spouse, surviving spouse, and child of a \nCommonwealth Army veteran or a `New' Philippine Scouts in the same \nmanner as a spouse, surviving spouse, and child of a person who meets \nthe requirements of service-connected disability or death under such \nsection, based on service as defined in section 3566 of this title.''.\n (b) Increase in Rates Payable for Dependents Residing in the United \nStates.--Section 3565(b) of such title is amended--\n (1) by striking ``children'' in the matter preceding \n paragraph (1) and inserting ``a spouse, surviving spouse, or \n child'';\n (2) by redesignating paragraph (2) as paragraph (3);\n (3) in paragraph (1) by striking ``, and'' and inserting \n ``in the case of a spouse, surviving spouse, or child residing \n in the Philippines,''; and\n (4) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) notwithstanding section 3532(d) of this title, \n educational assistance allowances authorized by section 3532 of \n this title and the special training allowance authorized by \n section 3542 of this title shall be paid at the rate of $1.00 \n for each dollar in the case of a spouse, surviving spouse, or \n child residing in the United States, and''.\n\nSEC. 7. ELIGIBILITY FOR BENEFITS FOR JOB COUNSELING, TRAINING, AND \n PLACEMENT.\n\n (a) Veterans.--Section 4101(4) of title 38, United States Code, is \namended by inserting before the period the following: ``, and includes \na Commonwealth Army veteran (as defined in subsection (a) of section \n3566 of this title), or a new Philippine Scout (as defined in \nsubsection (b) of such section)''.\n (b) Dependents.--Section 4104(5) of such title is amended--\n (1) by striking ``or'' at the end of subparagraph (B);\n (2) by striking the period at the end of subparagraph (C) \n and inserting ``, or'' and\n (3) by adding at the end the following new subparagraph:\n ``(D) the spouse or child of a Commonwealth Army \n veteran (as defined in subsection (a) of section 3566 \n of this title), or a new Philippine Scout (as defined \n in subsection (b) of such section).''.\n\nSEC. 8. REPRESENTATION ON ADVISORY COMMITTEE ON MINORITY VETERANS.\n\n Section 544(a)(2) of title 38, United States Code, is amended by \nadding at the end the following new subparagraph:\n ``(D) The Secretary shall ensure that at least one member of the \nCommittee each year is a Commonwealth Army veteran (as defined in \nsubsection (a) of section 3566 of this title), or a new Philippine \nScout (as defined in subsection (b) of such section).''.","summary":"Filipino Veterans Fairness Act - Makes former members of the Philippine Commonwealth Army or new Philippine Scouts who served with US Armed Forces during World War II and became US citizens or lawfully resided in the United States eligible for: (1) payment of compensation for service-connected disability. (2) vocational rehabilitation as well as job counseling, training, and placement. And (3) veterans' housing loans made or guaranteed by the Department of Veterans Affairs. Directs the Secretary of Veterans Affairs to furnish outpatient health care at the Manila Outpatient Clinic in the Republic of the Philippines for such veterans residing in the Philippines. Makes spouses of such veterans eligible for veterans' educational assistance. Makes the rate of assistance for such spouses and children residing in the United States equal to the rate for the dependents of US veterans. Makes such spouses and dependents eligible for job counseling, training, and placement benefits. Requires the Secretary to ensure that at least one member of the Advisory Committee on Minority Veterans is a Commonwealth Army veteran or new Philippine Scout.","title":"To amend title 38, United States Code, to improve benefits for Filipino veterans of World War II, and for other purposes.","text_len":8578,"sum_len":1146} {"bill_id":"114_hr3042","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Tobacco Sales to Youth Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Tobacco products cause numerous serious diseases, \n including cancer, heart disease, and respiratory disease, and \n they contain nicotine, a highly addictive substance.\n (2) According to the Surgeon General of the United States, \n adolescents are particularly vulnerable to the adverse effects \n of nicotine, and adolescent exposure to nicotine may have \n lasting adverse consequences for brain development.\n (3) Youth use of electronic cigarettes and hookah (water \n pipe) has risen according to the National Youth Tobacco Survey \n released by the Centers for Disease Control and Prevention, and \n the Food and Drug Administration, in April 2015.\n (4) Current use of electronic cigarettes among high school \n students tripled from 4.5 percent in 2013 to 13.4 percent in \n 2014 (compared to 1.5 percent in 2011); approximately 2,000,000 \n high school students currently use these products.\n (5) Current use of electronic cigarettes among middle \n school students tripled from 1.1 percent in 2013 to 3.9 percent \n in 2014; approximately 450,000 middle school students currently \n use these products.\n (6) Current use of hookah among high school students \n increased from 4.1 percent in 2011 to 9.4 percent in 2014.\n (7) Current use of cigars among high school students was \n 8.2 percent in 2014 (1,200,000 students). Current use of cigars \n among high school boys was 10.8 percent, about the same rate at \n which they smoke cigarettes (10.6 percent).\n (8) The sale of electronic cigarettes, cigars, hookah, and \n other tobacco products over the Internet, and through mail, \n fax, or phone orders, makes it cheaper and easier for children \n to obtain these products.\n (9) Electronic cigarettes are being marketed in ways that \n appeal to youth, in the form of advertising using images that \n appeal to youth, advertisements on television and the Internet, \n and sponsorships of events popular with youth, such as concerts \n and sporting events.\n (10) According to a study published in March 2015 in the \n Journal of the American Medical Association Pediatrics, 93.7 \n percent of youth participating in a study of Internet \n electronic cigarette sales successfully purchased electronic \n cigarettes because the Web sites lacked adequate age-\n verification methods.\n\nSEC. 3. AMENDMENTS.\n\n Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly \nreferred to as the ``Jenkins Act''), is amended--\n (1) in paragraph (2)--\n (A) in subparagraph (A)--\n (i) in clause (i) by striking ``and'' at \n the end,\n (ii) in clause (ii) by striking the period \n at the end and inserting ``; and'', and\n (iii) by adding at the end the following:\n ``(iii) includes electronic cigarettes.'', \n and\n (B) in subparagraph (B)--\n (i) in the heading by striking \n ``Exception'' and inserting ``Inclusions'',\n (ii) by striking ``does not include'' and \n inserting ``includes'', and\n (iii) by inserting ``and pipe tobacco (as \n defined in section 5702 of the Internal Revenue \n Code of 1986)'' before the period at the end, \n and\n (2) by inserting after paragraph (6) the following:\n ``(6A) Electronic cigarette.--The term `electronic \n cigarette' means any electronic device that delivers nicotine, \n flavor, or other substance via an aerosolized solution \n (including an electronic cigarette, cigar, pipe, or hookah) to \n the user inhaling from the device (including any component, \n liquid, part, or accessory of such a device whether or not sold \n separately) but excludes product that--\n ``(A) is approved by the Food and Drug \n Administration for sale as a tobacco cessation product \n or for another therapeutic purpose; and\n ``(B) is marketed and sold solely for a purpose \n approved as described in subparagraph (A).''.\n\nSEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS.\n\n (a) In General.--Nothing in this Act or the amendments made by this \nAct shall be construed to amend, modify, or otherwise affect--\n (1) any agreements, compacts, or other intergovernmental \n arrangements between any State or local government and any \n government of an Indian tribe (as that term is defined in \n section 4(e) of the Indian Self-Determination and Education \n Assistance Act (25 U.S.C. 450b(e))) relating to the collection \n of taxes on cigarettes or smokeless tobacco sold in Indian \n country;\n (2) any State laws that authorize or otherwise pertain to \n any such intergovernmental arrangements or create special rules \n or procedures for the collection of State, local, or tribal \n taxes on cigarettes or smokeless tobacco sold in Indian \n country;\n (3) any limitations under Federal or State law, including \n Federal common law and treaties, on State, local, and tribal \n tax and regulatory authority with respect to the sale, use, or \n distribution of cigarettes and smokeless tobacco by or to \n Indian tribes, tribal members, tribal enterprises, or in Indian \n country;\n (4) any Federal law, including Federal common law and \n treaties, regarding State jurisdiction, or lack thereof, over \n any tribe, tribal members, tribal enterprises, tribal \n reservations, or other lands held by the United States in trust \n for one or more Indian tribes; or\n (5) any State or local government authority to bring \n enforcement actions against persons located in Indian country.\n (b) Coordination of Law Enforcement.--Nothing in this Act or the \namendments made by this Act shall be construed to inhibit or otherwise \naffect any coordinated law enforcement effort by one or more States or \nother jurisdictions, including Indian tribes, through interstate \ncompact or otherwise, that--\n (1) provides for the administration of tobacco product laws \n or laws pertaining to interstate sales or other sales of \n tobacco products;\n (2) provides for the seizure of tobacco products or other \n property related to a violation of such laws; or\n (3) establishes cooperative programs for the administration \n of such laws.\n (c) Treatment of State and Local Governments.--Nothing in this Act \nor the amendments made by this Act shall be construed to authorize, \ndeputize, or commission States or local governments as \ninstrumentalities of the United States.\n (d) Enforcement Within Indian Country.--Nothing in this Act or the \namendments made by this Act shall prohibit, limit, or restrict \nenforcement by the Attorney General of the United States of this Act or \nan amendment made by this Act within Indian country.\n (e) Ambiguity.--Any ambiguity between the language of this section \nor its application and any other provision of this Act shall be \nresolved in favor of this section.\n (f) Definitions.--In this section--\n (1) the term ``Indian country'' has the meaning given that \n term in section 1 of the Act of October 19, 1949 (15 U.S.C. \n 375; commonly referred to as the ``Jenkins Act''), as amended \n by this Act; and\n (2) the term ``tribal enterprise'' means any business \n enterprise, regardless of whether incorporated or \n unincorporated under Federal or tribal law, of an Indian tribe \n or group of Indian tribes.\n\nSEC. 5. SEVERABILITY.\n\n If any provision of this Act, or any amendment made by this Act, or \nthe application thereof to any person or circumstance, is held invalid, \nthe remainder of the Act and the application of the Act to any other \nperson or circumstance shall not be affected thereby.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect 90 \ndays after the date of the enactment of this Act.","summary":"Stop Tobacco Sales to Youth Act of 2015 Amends the Jenkins Act to include within the definition of quot, cigarettequot, electronic cigarettes, cigars, and pipe tobacco. Defines quot, electronic cigarettequot. To mean any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution to the user inhaling from the device, excluding any product that: (1) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (2) is marketed and sold solely for such a therapeutic purpose. Makes specified exceptions with respect to Indian tribes and tribal matters.","title":"Stop Tobacco Sales to Youth Act of 2015","text_len":8838,"sum_len":656} {"bill_id":"112_s3694","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Building Code Incentive Act of \n2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) mitigation planning is the foundation for saving lives, \n protecting residential and commercial properties, and \n developing disaster resistant communities;\n (2) recent studies of the performance of building \n structures during disasters have demonstrated that the adoption \n and active enforcement of State building codes have greatly \n reduced residential and commercial property damage and personal \n injury resulting from major disasters;\n (3) modern building codes govern all aspects of \n construction and are designed to ensure that single-family \n residential dwellings and commercial structures are protected \n from natural disasters;\n (4) the people of the United States rely on active \n enforcement of modern building codes for assurance that minimum \n standards for reducing personal injuries and property damages \n have been met in the buildings they live in, work in, and visit \n everyday;\n (5) active enforcement of building codes plays an \n increasingly important role in public safety and loss \n prevention of residential and commercial property;\n (6) active enforcement of building codes based on \n nationally recognized models reduces the need for public \n disaster aid, creates sustainable communities, promotes a level \n and consistent playing field for design professionals, \n suppliers, and builders, and can contribute to the durability \n of residential and commercial structures;\n (7) under the Robert T. Stafford Disaster Relief and \n Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal \n Emergency Management Agency provides Federal assistance to \n States for mitigation efforts;\n (8) it is beneficial and appropriate to expand Federal \n mitigation assistance to encourage States to take a \n comprehensive and integrated approach to disaster loss \n reduction; and\n (9) it is beneficial to the Federal Government and \n appropriate that Federal mitigation assistance be used to \n encourage the adoption and active enforcement of State building \n codes as a disaster mitigation strategy under the auspices of a \n comprehensive disaster loss reduction plan.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are to--\n (1) substantially mitigate the occurrence of loss to \n residential and commercial property, reduce and minimize damage \n when losses to residential and commercial property occur, \n improve the quality and value of residential and commercial \n property, and reduce the need for public disaster aid;\n (2) provide incentives for the adoption and active \n enforcement of State building codes;\n (3) encourage States to continue their key responsibility \n to coordinate all State and local activities relating to hazard \n evaluation and mitigation, as specified in section 201.3(c) of \n title 44, Code of Federal Regulations, through the adoption and \n active enforcement of State building codes; and\n (4) encourage States to require that local governments use \n a current version of a nationally applicable model building \n code that address natural hazards as a basis for design and \n construction of State-sponsored mitigation projects described \n in section 201.5(b)(4)(iv) of title 44, Code of Federal \n Regulations.\n\nSEC. 4. ADDITIONAL MITIGATION ASSISTANCE.\n\n (a) In General.--Section 404 of the Robert T. Stafford Disaster \nRelief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by \nadding at the end the following:\n ``(d) Additional Mitigation Assistance.--\n ``(1) In general.--If, at the time of a declaration of a \n major disaster, the affected State has in effect and is \n actively enforcing throughout the State a State building code \n that satisfies the conditions in paragraph (2), the President \n may increase the maximum total of contributions under this \n section for the major disaster, as specified in subsection (a) \n and section 322(e), by an amount equal to 4 percent of the \n estimated aggregate amount of grants to be made (less any \n associated administrative costs) under this Act with respect to \n the major disaster.\n ``(2) Submission.--To be eligible for an increased Federal \n share under paragraph (1), a State shall certify to the \n President that the State has a building code that--\n ``(A) is consistent with the most recent version of \n a nationally recognized model building code;\n ``(B) has been adopted by the State within 6 years \n of the most recent version of the nationally recognized \n model building code; and\n ``(C) uses the nationally recognized model building \n code as a minimum standard.\n ``(3) Approval.--The President shall approve the additional \n assistance under this section, if the President determines that \n the certification of the State provided under paragraph (2) is \n sufficient and is submitted not later than 90 days after the \n date of a declared disaster.\n ``(4) Periodic updates.--The President, acting through the \n Administrator, shall set appropriate standards, by regulation, \n for the periodic update, resubmittal, and approval of a State \n building code approved by the President in accordance with \n paragraph (3) that are consistent with similar requirements \n related to mitigation planning under section 322.\n ``(5) Definitions.--In this subsection, the following \n definitions apply:\n ``(A) Actively enforcing.--The term `actively \n enforcing' means effective jurisdictional execution of \n all phases of a State building code in the process of \n examination and approval of construction plans, \n specifications, and technical data and the inspection \n of new construction or renovation.\n ``(B) Nationally recognized model building code.--\n The term `nationally recognized model building code' \n means a building code for residential and commercial \n construction and construction materials that--\n ``(i) has been developed and published by a \n code organization in an open consensus type \n forum with input from national experts; and\n ``(ii) is based on national structural \n design standards that establish minimum \n acceptable criteria for the design, \n construction, and maintenance of residential \n and commercial buildings for the purpose of \n protecting the health, safety, and general \n welfare of the building's users against natural \n disasters.\n ``(C) State building code.--The term `State \n building code' means requirements and associated \n standards for residential and commercial construction \n and construction materials that are implemented on a \n statewide basis by ordinance, resolution, law, housing \n or building code, or zoning ordinance. At a minimum, \n such requirements and associated standards shall \n apply--\n ``(i) to construction-related activities of \n residential building contractors applicable to \n single-family and 2-family residential \n structures; and\n ``(ii) to construction-related activities \n of engineers, architects, designers, and \n commercial building contractors applicable to \n the structural safety, design, and construction \n of commercial, industrial, and multifamily \n structures.\n ``(6) Regulations.--Not later than 180 days after the date \n of enactment of this subsection, the President, acting through \n the Administrator of the Federal Emergency Management Agency, \n shall issue such regulations as may be necessary to carry out \n this subsection.''.\n (b) Applicability.--Section 404(d) of the Robert T. Stafford \nDisaster Relief and Emergency Assistance Act, as added by this section, \nshall apply to major disasters declared on or after October 24, 2012. \nMajor disasters declared during the period beginning on October 24, \n2012 and ending on the date of enactment of this Act, shall have 90 \ndays from date of enactment of this Act to submit the certification \nrequired under 404(d)(2) of the Robert T. Stafford Disaster Relief and \nEmergency Assistance Act, as added by this Act.","summary":"Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4 of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.","title":"A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, and for other purposes.","text_len":9528,"sum_len":1465} {"bill_id":"115_s1237","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Farmer Bankruptcy \nClarification Act of 2017''.\n\nSEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS \n ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER \n 12 BANKRUPTCIES.\n\n (a) In General.--Subchapter II of chapter 12 of title 11, United \nStates Code, is amended by adding at the end the following:\n``Sec. 1232. Claim by a governmental unit based on the disposition of \n property used in a farming operation\n ``(a) Any unsecured claim of a governmental unit against the debtor \nor the estate that arises before the filing of the petition, or that \narises after the filing of the petition and before the debtor's \ndischarge under section 1228, as a result of the sale, transfer, \nexchange, or other disposition of any property used in the debtor's \nfarming operation--\n ``(1) shall be treated as an unsecured claim arising before \n the date on which the petition is filed;\n ``(2) shall not be entitled to priority under section 507;\n ``(3) shall be provided for under a plan; and\n ``(4) shall be discharged in accordance with section 1228.\n ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and \n1229(b)(1) to a claim described in subsection (a) of this section, the \namount that would be paid on such claim if the estate of the debtor \nwere liquidated in a case under chapter 7 of this title shall be the \namount that would be paid by the estate in a chapter 7 case if the \nclaim were an unsecured claim arising before the date on which the \npetition was filed and were not entitled to priority under section 507.\n ``(c) For purposes of applying sections 523(a), 1228(a)(2), and \n1228(c)(2) to a claim described in subsection (a) of this section, the \nclaim shall not be treated as a claim of a kind specified in section \n523(a)(1).\n ``(d)(1) A governmental unit may file a proof of claim for a claim \ndescribed in subsection (a) that arises after the date on which the \npetition is filed.\n ``(2) If a debtor files a tax return after the filing of the \npetition for a period in which a claim described in subsection (a) \narises, and the claim relates to the tax return, the debtor shall serve \nnotice of the claim on the governmental unit charged with the \nresponsibility for the collection of the tax at the address and in the \nmanner designated in section 505(b)(1). Notice under this paragraph \nshall state that the debtor has filed a petition under this chapter, \nstate the name and location of the court in which the case under this \nchapter is pending, state the amount of the claim, and include a copy \nof the filed tax return and documentation supporting the calculation of \nthe claim.\n ``(3) If notice of a claim has been served on the governmental unit \nin accordance with paragraph (2), the governmental unit may file a \nproof of claim not later than 180 days after the date on which such \nnotice was served. If the governmental unit has not filed a timely \nproof of the claim, the debtor or trustee may file proof of the claim \nthat is consistent with the notice served under paragraph (2). If a \nproof of claim is filed by the debtor or trustee under this paragraph, \nthe governmental unit may not amend the proof of claim.\n ``(4) A claim filed under this subsection shall be determined and \nshall be allowed under subsection (a), (b), or (c) of section 502, or \ndisallowed under subsection (d) or (e) of section 502, in the same \nmanner as if the claim had arisen immediately before the date of the \nfiling of the petition.''.\n (b) Technical and Conforming Amendments.--\n (1) In general.--Subchapter II of chapter 12 of title 11, \n United States Code, is amended--\n (A) in section 1222(a)--\n (i) in paragraph (2), by striking \n ``unless--'' and all that follows through ``the \n holder'' and inserting ``unless the holder'';\n (ii) in paragraph (3), by striking ``and'' \n at the end;\n (iii) in paragraph (4), by striking the \n period at the end and inserting ``; and''; and\n (iv) by adding at the end the following:\n ``(5) subject to section 1232, provide for the treatment of \n any claim by a governmental unit of a kind described in section \n 1232(a).'';\n (B) in section 1228--\n (i) in subsection (a)--\n (I) in the matter preceding \n paragraph (1)--\n (aa) by inserting a comma \n after ``all debts provided for \n by the plan''; and\n (bb) by inserting a comma \n after ``allowed under section \n 503 of this title''; and\n (II) in paragraph (2), by striking \n ``the kind'' and all that follows and \n inserting ``a kind specified in section \n 523(a) of this title, except as \n provided in section 1232(c).''; and\n (ii) in subsection (c)(2), by inserting ``, \n except as provided in section 1232(c)'' before \n the period at the end; and\n (C) in section 1229(a)--\n (i) in paragraph (2), by striking ``or'' at \n the end;\n (ii) in paragraph (3), by striking the \n period at the end and inserting ``; or''; and\n (iii) by adding at the end the following:\n ``(4) provide for the payment of a claim described in \n section 1232(a) that arose after the date on which the petition \n was filed.''.\n (2) Table of sections.--The table of sections for \n subchapter II of chapter 12 of title 11, United States Code, is \n amended by adding at the end the following:\n\n``1232. Claim by a governmental unit based on the disposition of \n property used in a farming operation.''.\n (c) Effective Date.--The amendments made by this section shall \napply to any bankruptcy case that--\n (1) is pending on the date of enactment of this Act and \n relating to which an order of discharge under section 1228 of \n title 11, United States Code, has not been entered; or\n (2) commences on or after the date of enactment of this \n Act.","summary":"Family Farmer Bankruptcy Clarification Act of 2017 This bill amends the federal bankruptcy code to include an unsecured claim by a governmental unit resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.","title":"Family Farmer Bankruptcy Clarification Act of 2017","text_len":6952,"sum_len":533} {"bill_id":"108_hr1632","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Reform Act of 2003''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a national commission to be known as the \n``Government Reform Commission''.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) The term ``Commission'' means the Government Reform \n Commission.\n (2) The term ``documents'' means books, records, papers, \n accounts, transcripts, transcriptions, and reports, in whatever \n form or medium they may be preserved.\n (3) The term ``executive agency'' has the meaning given the \n term in section 105 of title 5, United States Code.\n (4) The term ``member'' means a member of the Commission.\n\nSEC. 4. MEMBERSHIP.\n\n (a) Numbers, Appointment, and Qualifications.--The Commission shall \nbe composed of 12 members, appointed by the President, from among \npersons who possess--\n (1) a degree or an advanced degree in the field of business \n management or public administration; or\n (2) a significant background in business supervision, \n management, and administration.\n (b) Consultation.--Of the members appointed under subsection (a)--\n (1) one member shall be appointed following consultation \n with the Speaker of the House of Representatives;\n (2) one member shall be appointed following consultation \n with the minority leader of the House of Representatives;\n (3) one member shall be appointed following consultation \n with the President pro Tempore of the Senate; and\n (4) one member shall be appointed following consultation \n with the minority leader of the Senate.\n (c) Additional Requirements.--The members shall also satisfy the \nfollowing additional requirements:\n (1) Each member shall be a United States citizen and shall \n reside in the United States.\n (2) Not more than four members shall be from the same \n political party, excluding those members appointed following \n consultation required under subsection (b).\n (3) A member may not currently hold or have held within the \n preceeding five years any paid position with any local or State \n government or executive agency.\n (4) A member may not be a party to an ongoing and \n continuing contract with any local or State government or \n executive agency, or be an employee of an entity that is a \n party to such a contract.\n (5) A member may not be a lobbyist, as defined by either \n State or Federal law at the time of the appointment of the \n member.\n (d) Operation.--\n (1) Appointment.--Members shall be appointed not later than \n 30 days from the date of enactment of this Act.\n (2) Chairperson.--The President shall designate one member \n to serve as chairperson of the Commission.\n (3) Terms.--Each member shall be appointed for a term of \n two years and may be reappointed for a second term of two \n years. No member shall serve more than four years on the \n Commission.\n (4) Quorum.--Six members shall constitute a quorum for the \n purpose of conducting a session of the Commission, but a lesser \n number may conduct hearings.\n (5) Compensation.--Members shall serve without pay, but \n members shall receive travel expenses, including per diem in \n lieu of subsistence, in accordance with applicable provisions \n under subchapter I of chapter 57 of title 5, United States \n Code.\n (6) Professional staff.--The Commission may employ, \n pursuant to laws and regulations governing the civil service, \n an executive secretary and any clerical, professional, and \n technical assistants as may be necessary.\n (7) Mandatory resignation.--In the event that a member \n accepts a position as an officer or employee of any local or \n State government or executive agency, the member shall resign \n from the Commission within 30 days from the date the member \n accepts such position.\n (8) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made. The \n appointment of the replacement member shall be made not later \n than 30 days after the date on which the vacancy occurs.\n\nSEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS.\n\n (a) Review of Executive Agencies.--\n (1) In general.--The Commission shall--\n (A) examine the current configuration of executive \n agencies and investigate their duties and \n responsibilities; and\n (B) review the operational jurisdictions of \n executive agencies to determine whether areas of \n overlap exist and whether the mission of any agency has \n become obsolete.\n (2) Process.--As part of the review under paragraph (1), \n the Commission shall identify and address--\n (A) opportunities for increasing efficiency and \n reducing costs in executive agencies as a result of \n executive action or legislation;\n (B) areas within executive agencies where \n managerial accountability can be enhanced and \n administrative control can be improved;\n (C) any Federal programs that have accomplished \n their original objectives and should be terminated;\n (D) any Federal services that could be provided at \n lower cost by the private sector;\n (E) budget process reforms that could yield \n savings, increase accountability and efficiency, and \n enhance public confidence in the budget process; and\n (F) areas for further study based on likelihood for \n potential savings.\n (b) Review of Prior Reform Efforts.--\n (1) In general.--The Commission shall review existing \n Government Accounting Office, Congressional Budget Office, and \n Inspector General reports, together with any other existing \n governmental and nongovernmental recommendations, including \n recommendations offered by the President's Private Sector \n Survey on Cost Control, for reducing waste in executive \n agencies.\n (2) Reports.--Based on the review under paragraph (1), the \n Commission shall periodically submit to the President and \n Congress reports which shall include the following:\n (A) A list of such recommendations to reduce waste \n in executive agencies that the Commission determines \n are most significant.\n (B) The estimated cost savings of the \n recommendations.\n (C) A determination of whether the recommendations \n can be implemented by executive order or whether they \n instead require legislative action.\n (c) Proposed Reorganization Plan.--\n (1) In general.--Upon completion of the reviews required \n under subsections (a) and (b), but not later than July 15, \n 2004, the Commission shall submit to the President and Congress \n a proposed reorganization plan for executive agencies. The \n proposed reorganization plan shall provide for the realignment \n or closure of executive agencies to reduce duplication of \n services and increase productivity.\n (2) Visitation.--The Commission may not recommend an \n executive agency for realignment or closure unless at least one \n member has visited the executive agency prior to January 1, \n 2004, as part of the review conducted under subsection (a).\n (3) Transmittal.--The Commission shall transmit a copy of \n the proposed reorganization plan to the Director of the Office \n of Management and Budget, who shall prepare and issue a public \n report that details the predicted savings in Federal \n expenditures that would result from implementing the \n reorganization plan.\n (d) Hearings and Sessions.--\n (1) In general.--The Commission shall meet in session at \n least once per month at the call of the chairperson. \n Additionally, as part of its review process, the Commission \n shall conduct three public hearings across the United States. \n The final hearing shall be held in Washington, D.C., not later \n than March 1, 2004.\n (2) Additional powers.--The Commission may--\n (A) meet at additional times and places that it may \n consider appropriate;\n (B) issue subpoenas to compel the attendance of \n witnesses and the production of documents;\n (C) administer oaths; and\n (D) contract, as it considers appropriate, for the \n provision of services, facilities, studies, and reports \n that will assist the Commission in carrying out its \n duties, responsibilities, and powers.\n\nSEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN.\n\n (a) Presidential Consideration.--No later than August 1, 2004, the \nPresident shall act on the proposed reorganization plan submitted by \nthe Commission, either by approving the plan without alteration or \namendment, or by returning the plan to the Commission for review. If \nthe President returns the plan to the Commission, the President shall \ninclude such proposed revisions to the plan as the President considers \nappropriate.\n (b) Review and Revision.--If the proposed reorganization plan is \nreturned to the Commission for revision, the Commission shall have 30 \ndays in which to review the Presidential recommendations submitted \nunder subsection (a) and to revise the plan. The Commission may, at its \ndiscretion, incorporate any recommendations proposed by the President \nto the plan.\n (c) Resubmission.--At the conclusion of the 30-day period, the \nCommission shall resubmit the reorganization plan to the President and \nCongress and retransmit a copy of such plan to the Director of the \nOffice of Management and Budget. The Director shall prepare and issue a \nrevised public report that details the predicted savings in federal \nexpenditures that would result from implementing the revised \nreorganization.\n (d) Effect of Rejection.--If the President rejects the resubmitted \nreorganization plan, such rejection shall conclude the reorganization \nprocess for the year under this Act. The Commission may, following \nreconsideration and at least one public hearing, resubmit a revised \nreorganization plan in the following year.\n\nSEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN.\n\n (a) Submission to Congress.--If the President approves the proposed \nreorganization plan submitted by the Commission, the President shall \nsubmit the reorganization plan, free of alterations or amendments, to \nCongress.\n (b) Effective Date.--\n (1) Congressional consideration.--The reorganization plan \n submitted under subsection (a) shall be deemed to be a \n reorganization plan submitted under chapter 9 of title 5, \n United States Code, except that the reorganization plan shall \n take effect on the first day following 60 calendar days of \n continuous session of Congress, beginning on the date on which \n the plan is submitted, or a later date as may be provided by \n the plan, unless Congress enacts a joint resolution rejecting \n the reorganization plan.\n (2) Suspension of section.--This Act shall be valid for all \n intents and purposes notwithstanding section 905(b) of title 5, \n United States Code.\n (c) Reorganization.--Unless the reorganization plan is rejected as \nprovided in subsection (b), those executive agencies recommended for \nrealignment or closure in the reorganization plan shall be realigned or \nclosed beginning as soon as practicable after the effective date of the \nreorganization plan, and completed within three years after the \neffective date.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate at the end of the 30-day period \nbeginning on the effective date of the reorganization plan or the date \na joint resolution rejecting the reorganization plan is enacted.\n\nSEC. 9. FUNDING AND SUPPORT.\n\n The Commission shall be funded, staffed, and equipped without cost \nto the Federal Government. To accomplish this objective, the Secretary \nof Commerce shall engage in a joint project with a nonprofit \norganization in accordance with the first section of Public Law 91-412 \n(15 U.S.C. 1525).","summary":"Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities. (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete. (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies. (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity. And (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan. Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan.","title":"To create a national commission, modeled after the successful Defense Base Closure and Realignment Commission, to establish a timely, independent, and fair process for realigning or closing outdated, ineffective, or inefficient executive agencies.","text_len":13021,"sum_len":1262} {"bill_id":"110_hr4194","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Underage Drinking Prevention Act of \n2007''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) While underage drinking has been on the decline for \n more than 20 years, the consumption of beverage alcohol by \n underage youth is an ongoing national concern. According to the \n Substance Abuse and Mental Health Services Administration, 10.8 \n million Americans between the ages of 12 to 20 for whom alcohol \n is illegal report current alcohol use, approximately 28 percent \n of that age group.\n (2) Data from the National Academy of Sciences\/Institute of \n Medicine, the Federal Trade Commission, the Century Council and \n the American Medical Association show that most youth who drink \n obtain alcohol primarily through noncommercial sources, such as \n family and friends.\n (3) According to research conducted by Teenage Research \n Unlimited (TRU) for the Century Council, 10-18 year olds say \n parents and school teachers should begin discussing the dangers \n and consequences of underage drinking with children by age 11.\n (4) The role of parents in reducing underage drinking, \n particularly among middle-school aged children, is critical. \n Numerous studies confirm the crucial role parents play in \n shaping the behavior and decisionmaking skills of their \n children. For example, a study reported in Health Education and \n Behavior, February 2001, suggests that parental involvement is \n associated with a 67 percent less likelihood of drinking.\n (5) The Surgeon General's 2007 Call to Action to Prevent \n and Reduce Underage Drinking recognizes that significant social \n transitions, such as moving from elementary school to middle \n school or from middle school to high school may increase the \n likelihood that adolescents will use alcohol, in part because \n they increase adolescent stress levels. Additionally, evidence \n shows that youth who spend more time engaged in volunteering, \n sports, music, academics and leadership are less likely to \n engage in risky behaviors, such as alcohol use.\n (6) According to a 2004 study published in the Journal of \n Adolescent Health, ``Adults' Approval and Adolescents' Alcohol \n Use,'' one in five teens reported drinking alcohol that was \n provided by a parent or a friend's parent at a party. \n Additionally, researchers found that such provision of alcohol \n significantly increased the likelihood of regular and binge \n drinking.\n (7) A 2003 report submitted to Congress by the National \n Academy of Sciences Institute of Medicine recommended that \n underage drinking cannot be successfully addressed by focusing \n on youth alone. Two out of three teens (aged 13 to 18) said it \n is easy to get alcohol from their homes without their parents \n knowing it. Thirty-three percent of teens responded that it is \n easy to obtain alcohol from their own parents (knowingly); this \n increases to 40 percent when it is from a friend's parent.\n (8) The Surgeon General's 2007 Call to Action to Prevent \n and Reduce Underage Drinking supports holding adults \n accountable for underage drinking at house parties, even when \n those adults are not at home.\n (9) In nearly 20 States, legislatures are considering bills \n to increase penalties for adults who provide alcohol to people \n under the age of 21. Those penalties include higher fines, \n driver's license suspensions and even jail.\n (10) The Surgeon General's 2007 Call to Action to Prevent \n and Reduce Underage Drinking includes the need for complete and \n timely information on patterns and trends in youth alcohol \n consumption in order to develop and evaluate prevention \n strategies. Additionally, reports from the General Accounting \n Office and the Department of Health and Human Services \n demonstrate the need for better data collection and effective \n evaluation of on-going programs.\n\nSEC. 3. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that:\n (1) Understanding which programs are effective in reducing \n underage drinking will maximize scarce Federal resources and \n help the nation confront underage drinking in a more effective \n and cost-efficient manner and enable local communities to \n implement the most effective tactics to reduce underage \n drinking.\n (2) Evaluation is necessary. Therefore the Substance Abuse \n and Mental Health Services Administration should explore ways \n to expand and improve evaluation efforts while preserving and \n continuing current programs and funding in the interest of \n achieving maximum effectiveness.\n (3) The Substance Abuse and Mental Health Services \n Administration should continue to improve evaluation efforts \n and national outcome measures (NOMS) reporting in the Substance \n Abuse Prevention and Treatment Block Grant and other grant \n programs, when appropriate.\n (4) Federal agencies should strive to evaluate all \n federally funded underage drinking programs and modify programs \n as needed to reach maximum effectiveness in reducing underage \n drinking.\n\nSEC. 4. ENFORCEMENT AND PUBLIC EDUCATION GRANTS TO REDUCE SOCIAL \n SOURCES OF UNDERAGE DRINKING.\n\n (a) Purposes.--The purposes of this section are to--\n (1) increase enforcement of underage drinking that occurs \n at house parties across the nation and instances of adults \n providing alcohol to people under age 21;\n (2) inform the public of the legal consequences of \n providing alcohol to people under the minimum drinking age of \n 21;\n (3) educate the public that the majority of people who \n drink underage are obtaining their alcohol from social sources \n such as family and friends; and\n (4) enhance, not supplant, effective local community \n initiatives for enforcing underage drinking laws.\n (b) Authorization of Program.--\n (1) In general.--The Director of the Office of Juvenile \n Justice and Delinquency Programs (in this section referred to \n as the ``Director'') shall award grants to States and units of \n local government to implement and evaluate enforcement and \n public education programs aimed at reducing the provision of \n alcohol by social sources to underage drinkers as part of the \n Enforcing Underage Drinking Laws Program.\n (2) Supplement, not supplant.--Funds provided under this \n section shall be used to supplement and not supplant funds \n expended for existing programs related to the prevention of \n underage drinking and the enforcement of underage drinking \n laws.\n (c) Eligibility.--To be eligible to receive a grant under \nsubsection (a), a State or unit of local government, or a consortia of \nStates or such units, shall prepare and submit to the Director an \napplication at such time, in such manner, and containing such \ninformation as the Director may require, which shall include--\n (1) a description of the activities to be carried out under \n the grant; and\n (2) an assurance that the applicant will submit to the \n Director an annual report concerning the effectiveness of the \n programs and activities carried out under the grant.\n (d) Uses of Funds.--Each State or unit of local government that \nreceives a grant under this section shall use the grant funds to carry \nout the activities described in the application submitted by such State \nor unit under subsection (c).\n (e) Administrative Expenses.--Not more than 6 percent of a grant \nawarded under this section may be expended for administrative expenses.\n (f) Definition.--In this section, the term ``social source'' means \na noncommercial individual (including family members, friends or other \nindividuals) who intentionally provide or serve alcohol to underage \ndrinkers or knowingly allow underage drinking to occur on property they \nown, lease or otherwise control (recognizing that State laws do provide \nexceptions for some individuals under certain circumstances).\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $10,000,000 for each of the \nfiscal years 2008 and 2009, and such sums as may be necessary for each \nsubsequent fiscal year.\n\nSEC. 5. IMPROVED DATA COLLECTION AND REPORTING.\n\n (a) In General.--The Secretary of Health and Human Services, in his \nrole as Chair of the Interagency Coordinating Committee on the \nPrevention of Underage Drinking authorized in section 519B(c) of the \nPublic Health Service Act (42 U.S.C. 290bb-25b(c)), shall work with \nmembers of such Committee to improve Federal collection of data related \nto underage drinking by ensuring that federally funded surveys related \nto underage drinking collect and report data in a consistent manner to \naccurately reflect underage drinking that allows users of such data \nto--\n (1) compare the results of surveys conducted and reports \n issued by various entities; and\n (2) isolate such data with respect to the demographic \n category of individuals who are under the age of 21.\n (b) Establishment of Federal Data Collection Improvement \nCommittee.--\n (1) In general.--The Secretary of Health and Human \n Services, in his role as Chair of the Interagency Coordinating \n Committee on the Prevention of Underage Drinking, shall \n establish a Federal data improvement committee with \n representatives from each member of the Interagency \n Coordinating Committee.\n (2) Committee tasks.--In working to improve Federal data \n collection on underage drinking, the Federal data improvement \n committee under paragraph (1) shall undertake the following \n efforts in addition to any other tasks requested by the \n Secretary:\n (A) The committee shall review ways to preserve \n trend data while simultaneously increasing the \n consistency of data collection.\n (B) The Committee shall review all Federal data \n collected on underage drinking and ensure that all data \n collected allows for the demographic breakdown of data \n related to individuals who are under the age of 21.\n (C) The Committee shall review State data that is \n made available from research conducted or supported by \n States, that is gathered in whole or in part with the \n use of Federal funds to ensure timely reporting and \n publishing of State data on underage drinking.\n (D) The Committee shall consult with the Substance \n Abuse and Mental Health Services Administration to \n ensure continuation and expansion of work between State \n Epidemiological Work Groups and statewide advisory \n committees for the Strategic Prevention Framework State \n Incentive Grants in improving data collection on \n underage drinking.\n (E) The Committee shall establish short-term and \n long-term goals with respect to improving Federal data \n collection not later than one year after the date of \n the enactment of this Act.\n (F) The Committee shall consult with States, public \n and private entities (including institutions of higher \n education), public health and consumer organizations, \n the beverage alcohol industry, and other users of \n Federal data on underage drinking with respect to the \n use of such Federal data and recommendations for \n improvements to the collection and reporting of such \n Federal data.\n\nSEC. 6. GRANTS TO INCREASE PARENTAL INVOLVEMENT IN SCHOOL-BASED EFFORTS \n TO PREVENT UNDERAGE DRINKING.\n\n (a) Authorization of Program.--\n (1) In general.--The Secretary of Education shall award \n grants on a competitive basis to local educational agencies to \n develop and implement innovative and effective programs to \n increase parental awareness and involvement in reducing \n underage drinking in elementary and secondary schools.\n (2) Supplement, not supplant.--Funds provided under this \n section shall be used to supplement and not supplant funds \n expended for the Safe and Drug-Free Schools and Communities \n Act.\n (b) Eligibility.--To be eligible to receive a grant under \nsubsection (a), a local educational agency shall prepare and submit to \nthe Secretary an application at such time, in such manner, and \ncontaining such information as the Secretary may require. Such \napplication shall include--\n (1) a description of the activities to be carried out under \n the grant;\n (2) an assurance that such activities will meet the \n principles of effectiveness described in section 4115 of the \n Safe and Drug-Free Schools and Communities Act (20 U.S.C. \n 7115); and\n (3) an assurance that the applicant will evaluate its \n program and submit a report to the Secretary concerning the \n effectiveness of the programs and activities carried out under \n the grant.\n (c) Highlight Existing Effective Programs.--The Secretary shall \nidentify existing, effective, national programs that increase \ninteraction between parents and children to prevent underage drinking, \nand shall disseminate information on those programs to local \neducational agencies as model programs for replication at the local \nlevel.\n (d) Administrative Expenses.--Not more than 6 percent of a grant \nawarded under this section may be expended for administrative expenses.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $5,000,000 for each of the \nfiscal years 2008 and 2009, and such sums as may be necessary for each \nsubsequent fiscal year.","summary":"Underage Drinking Prevention Act of 2007 - Expresses the sense of Congress that: (1) understanding which programs are effective in reducing underage drinking will maximize scarce federal resources and help confront underage drinking in a more effective, cost-efficient manner. (2) the Substance Abuse and Mental Health Services Administration should explore ways to expand and improve evaluation efforts. And (3) federal agencies should strive to evaluate all federally funded underage drinking programs and modify programs as needed to reach maximum effectiveness. Requires the Director of the Office of Juvenile Justice and Delinquency Programs to award grants to states and local governments to implement and evaluate enforcement and public education programs aimed at reducing the provision of alcohol by social sources to underage drinkers as part of the Enforcing Underage Drinking Laws Program. Directs the Secretary of Health and Human Services, as Chair of the Interagency Coordinating Committee on the Prevention of Underage Drinking, to: (1) work with members of that Committee to improve federal data collection by ensuring that federally funded surveys related to underage drinking collect and report data in a consistent manner. And (2) establish a federal data improvement committee. Requires the Secretary of Education to: (1) award grants on a competitive basis to local educational agencies to develop and implement innovative and effective programs to increase parental awareness and involvement in reducing underage drinking in elementary and secondary schools. And (2) identify existing, effective, national programs that increase parent-child interaction to prevent underage drinking and disseminate that information to such agencies for replication at the local level.","title":"To establish a grant to increase enforcement of laws to prohibit underage drinking through social sources, to improve reporting of Federal underage drinking data, to establish grants to increase parental involvement in school-based efforts to reduce underage drinking, and for other purposes.","text_len":14795,"sum_len":1791} {"bill_id":"112_s3462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Criminal Antitrust Anti-Retaliation \nAct''.\n\nSEC. 2. AMENDMENT TO ACPERA.\n\n The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 \n(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after \nsection 215 the following:\n\n``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.\n\n ``(a) Whistleblower Protections for Employees, Contractors, \nSubcontractors, and Agents.--\n ``(1) In general.--No person, or any officer, employee, \n contractor, subcontractor or agent of such person, may \n discharge, demote, suspend, threaten, harass, or in any other \n manner discriminate against a whistleblower in the terms and \n conditions of employment because--\n ``(A) the whistleblower provided or caused to be \n provided to the person or the Federal Government \n information relating to--\n ``(i) any violation of, or any act or \n omission the whistleblower reasonably believes \n to be a violation of the antitrust laws; or\n ``(ii) any violation of, or any act or \n omission the whistleblower reasonably believes \n to be a violation of another criminal law \n committed in conjunction with a potential \n violation of the antitrust laws or in \n conjunction with an investigation by the \n Department of Justice of a potential violation \n of the antitrust laws; or\n ``(B) the whistleblower filed, caused to be filed, \n testified, participated in, or otherwise assisted an \n investigation or a proceeding filed or about to be \n filed (with any knowledge of the employer) relating \n to--\n ``(i) any violation of, or any act or \n omission the whistleblower reasonably believes \n to be a violation of the antitrust laws; or\n ``(ii) any violation of, or any act or \n omission the whistleblower reasonably believes \n to be a violation of another criminal law \n committed in conjunction with a potential \n violation of the antitrust laws or in \n conjunction with an investigation by the \n Department of Justice of a potential violation \n of the antitrust laws.\n ``(2) Limitation on protections.--Paragraph (1) shall not \n apply to any whistleblower if--\n ``(A) the whistleblower planned and initiated a \n violation or attempted violation of the antitrust laws;\n ``(B) the whistleblower planned and initiated a \n violation or attempted violation of another criminal \n law in conjunction with a violation or attempted \n violation of the antitrust laws; or\n ``(C) the whistleblower planned and initiated an \n obstruction or attempted obstruction of an \n investigation by the Department of Justice of a \n violation of the antitrust laws.\n ``(3) Definitions.--In the section:\n ``(A) Person.--The term `person' has the same \n meaning as in subsection (a) of the first section of \n the Clayton Act (15 U.S.C. 12(a)).\n ``(B) Antitrust laws.--The term `antitrust laws' \n means section 1 or 3 of the Sherman Act (15 U.S.C. 1, \n 3) or similar State law.\n ``(C) Whistleblower.--The term `whistleblower' \n means an employee, contractor, subcontractor, or agent \n protected from discrimination under paragraph (1).\n ``(b) Enforcement Action.--\n ``(1) In general.--A whistleblower who alleges discharge or \n other discrimination by any person in violation of subsection \n (a) may seek relief under subsection (c) by--\n ``(A) filing a complaint with the Secretary of \n Labor; or\n ``(B) if the Secretary has not issued a final \n decision within 180 days of the filing of the complaint \n and there is no showing that such delay is due to the \n bad faith of the claimant, bringing an action at law or \n equity for de novo review in the appropriate district \n court of the United States, which shall have \n jurisdiction over such an action without regard to the \n amount in controversy.\n ``(2) Procedure.--\n ``(A) In general.--A complaint filed with the \n Secretary of Labor under paragraph (1)(A) shall be \n governed under the rules and procedures set forth in \n section 42121(b) of title 49, United States Code.\n ``(B) Exception.--Notification made under section \n 42121(b)(1) of title 49, United States Code, shall be \n made to the person named in the complaint and to the \n employer.\n ``(C) Burdens of proof.--A complaint filed with the \n Secretary of Labor under paragraph (1) shall be \n governed by the legal burdens of proof set forth in \n section 42121(b) of title 49, United States Code.\n ``(D) Statute of limitations.--A complaint under \n paragraph (1)(A) shall be filed with the Secretary of \n Labor not later than 180 days after the date on which \n the violation occurs.\n ``(E) Civil actions to enforce.--If a person fails \n to comply with an order or preliminary order issued by \n the Secretary of Labor pursuant to the procedures in \n section 42121(b), the Secretary of Labor or the person \n on whose behalf the order was issued may bring a civil \n action to enforce the order in the district court of \n the United States for the judicial district in which \n the violation occurred.\n ``(c) Remedies.--\n ``(1) In general.--A whistleblower prevailing in any action \n under subsection (b)(1) shall be entitled to all relief \n necessary to make the whistleblower whole.\n ``(2) Compensatory damages.--Relief for any action under \n paragraph (1) shall include--\n ``(A) reinstatement with the same seniority status \n that the whistleblower would have had, but for the \n discrimination;\n ``(B) the amount of back pay, with interest; and\n ``(C) compensation for any special damages \n sustained as a result of the discrimination including \n litigation costs, expert witness fees, and reasonable \n attorney's fees.\n ``(d) Rights Retained by Whistleblowers.--Nothing in this section \nshall be deemed to diminish the rights, privileges, or remedies of any \nwhistleblower under any Federal or State law, or under any collective \nbargaining agreement.''.","summary":"Criminal Antitrust Anti-Retaliation Act - Prohibits discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law. Or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation. Allows a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor. Or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity. Entitles a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.","title":"A bill to provide anti-retaliation protections for antitrust whistleblowers.","text_len":7581,"sum_len":893} {"bill_id":"108_hr5306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``New War on Cancer Act''.\n\nSEC. 2. NONPATENT MARKET EXCLUSIVITY FOR CANCER DRUGS.\n\n Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n351 et seq.) is amended by adding at the end the following subchapter:\n\n ``Subchapter G--Cancer Drugs\n\n``SEC. 575. RECOMMENDATIONS FOR INVESTIGATIONS OF CANCER DRUGS.\n\n ``(a) Request for Recommendations.--The sponsor of a drug intended \nfor use for cancer (referred to in this subchapter as a `cancer drug') \nmay request the Secretary to provide written recommendations for the \nnonclinical and clinical investigations which must be conducted with \nthe drug before--\n ``(1) it may be approved for use for cancer under section \n 505; or\n ``(2) if the drug is a biological product, it may be \n licensed for use for cancer under section 351 of the Public \n Health Service Act.\n ``(b) Recommendations.--If the Secretary has reason to believe that \na drug for which a request is made under subsection (a) is a cancer \ndrug, the Secretary shall provide the person making the request written \nrecommendations for the nonclinical and clinical investigations which \nthe Secretary believes, on the basis of information available to the \nSecretary at the time of the request, would be necessary for--\n ``(1) approval of such drug for use for cancer under \n section 505; or\n ``(2) licensing of such drug for use for cancer under \n section 351 of the Public Health Service Act.\n ``(c) Regulations.--The Secretary shall by regulation promulgate \nprocedures for the implementation of subsections (a) and (b).\n\n``SEC. 576. DESIGNATION OF CANCER DRUGS.\n\n ``(a) Request for Designation.--The sponsor of a drug may request \nthe Secretary to designate the drug as a cancer drug. A request for \ndesignation of a drug shall be made before the submission of an \napplication under section 505(b) for the drug, or the submission of an \napplication for licensing of the drug under section 351 of the Public \nHealth Service Act. Such a request shall contain the consent of the \napplicant to notice being given by the Secretary under subsection (c) \nrespecting the designation of the drug.\n ``(b) Designation.--In the case of a drug for which a request is \nsubmitted under subsection (a), the Secretary shall designate the drug \nas a cancer drug if the Secretary finds that the drug is being or will \nbe investigated for use for cancer.\n ``(c) Conditions.--A designation of a drug under subsection (b) \nshall be subject to the condition that--\n ``(1) after an application is approved for the drug under \n section 505(b) or a license is issued for the drug under \n section 351 of the Public Health Service Act, the manufacturer \n of the drug will notify the Secretary of any discontinuance of \n the production of the drug at least one year before \n discontinuance; and\n ``(2) before an application is approved for the drug under \n section 505(b) or a license is issued for the drug under \n section 351 of the Public Health Service Act, the sponsor of \n the drug will notify the Secretary of any decision to \n discontinue active pursuit of approval of an application under \n section 505(b) or approval of a license under section 351 of \n the Public Health Service Act.\n ``(d) Public Availability of Notice.--Notice respecting the \ndesignation of a drug under subsection (b) shall be made available to \nthe public.\n ``(e) Regulations.--The Secretary shall by regulation promulgate \nprocedures for the implementation of subsections (a) and (b).\n\n``SEC. 577. MARKET PROTECTION FOR CANCER DRUGS.\n\n ``(a) In General.--Except as provided in subsection (b), if the \nSecretary approves an application filed pursuant to section 505 for a \ndrug designated under section 576 as a cancer drug, or if the Secretary \nissues a license under section 351 of the Public Health Service Act for \nsuch a drug, the Secretary may not approve another application under \nsection 505 or issue another license under section 351 of the Public \nHealth Service Act for such drug for a person who is not the holder of \nsuch approved application or of such license until the expiration of \nseven years from the date of the approval of the approved application \nor the issuance of the license. Section 505(c)(2) does not apply to the \nrefusal to approve an application under the preceding sentence.\n ``(b) Exception.--If an application filed pursuant to section 505 \nis approved for a drug designated under section 576 as a cancer drug or \nif a license is issued under section 351 of the Public Health Service \nAct for such a drug, the Secretary may, during the seven-year period \nbeginning on the date of the application approval or of the issuance of \nthe license, approve another application under section 505 or issue a \nlicense under section 351 of the Public Health Service Act for such \ndrug for cancer for a person who is not the holder of such approved \napplication or of such license if--\n ``(1) the Secretary finds, after providing the holder \n notice and opportunity for the submission of views, that in \n such period the holder of the approved application or of the \n license cannot assure the availability of sufficient quantities \n of the drug to meet the needs of persons with the cancer \n involved; or\n ``(2) such holder provides the Secretary in writing the \n consent of such holder for the approval of other applications \n or the issuance of other licenses before the expiration of such \n seven-year period.\n\n``SEC. 578. OPEN PROTOCOLS FOR INVESTIGATIONS OF CANCER DRUGS.\n\n ``If a drug is designated under section 576 as a cancer drug and if \nnotice of a claimed exemption under section 505(i) or regulations \nissued thereunder is filed for such drug, the Secretary shall encourage \nthe sponsor of such drug to design protocols for the drug which include \npersons with the cancer involved who need the drug to treat the cancer \nand who cannot be satisfactorily treated by available alternative \ndrugs.''.\n\nSEC. 3. ABBREVIATED APPLICATIONS FOR NEW DRUGS; NONPATENT MARKET \n EXCLUSIVITY FOR CANCER DRUGS.\n\n Section 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic \nAct (21 U.S.C. 355(j)(5)(F)(ii)) is amended--\n (1) by striking ``(ii)'' and inserting ``(ii)(I)''; and\n (2) by adding at the end the following subclause:\n ``(II) With respect to an application under subsection (b) for a \ndrug referred to in subclause (I), in any case in which the drug is for \nuse for cancer, the reference in such subclause to five years is deemed \nto be ten years, the reference to four years is deemed to be eight \nyears, the reference to forty-eight months is deemed to be ninety-six \nmonths, and the reference to seven and one-half years is deemed to be \ntwelve and one-half years.''.\n\nSEC. 4. EXTENSION OF PATENT TERM ON CANCER DRUGS.\n\n Section 156(c) of title 35, United States Code, is amended by \nadding at the end the following flush sentence:\n``Paragraphs (2) and (3) shall not apply in the case of a drug approved \nfor use for cancer.''.","summary":"New War on Cancer Act - Allows the sponsor of a drug intended for use for cancer to request the Secretary of Health and Human Services to: (1) provide written recommendations for investigations which must be conducted before approval of a drug or before licensure of a biological product for use for cancer. And (2) designate such drug as a cancer drug before the submission of a request for approval or licensing. Requires the Secretary to designate such drug as a cancer drug if the drug is being or will be investigated for use for cancer. Prohibits the Secretary from approving another application or issuing another license for a designated cancer drug for a person who is not the holder of the approved application or license until the expiration of seven years, with certain exceptions. Requires the Secretary to encourage the sponsor of a designated cancer drug approved for investigational use to design protocols for the drug that include persons with the cancer involved who cannot be satisfactorily treated by alternative drugs. Extends the time during which an application for approval of drug with the same active ingredient as an approved cancer drug may not be approved. Excludes approved cancer drugs from time limits imposed on the maximum length of a patent.","title":"To amend the Federal Food, Drug, and Cosmetic Act with respect to market exclusivity for cancer drugs, and to amend title 35, United States Code, to provide for the extension of the patent term on such drugs equal to the regulatory review period for such drugs.","text_len":7360,"sum_len":1277} {"bill_id":"106_hr1030","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improved Consumer Access to Travel \nInformation Act''.\n\nSEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE \n IN THE AIRLINE INDUSTRY.\n\n (a) Findings.--The Congress finds the following:\n (1) The continued success of a deregulated airline system \n requires that consumers have full access to complete \n information concerning airline fares, routes, and other \n services.\n (2) The means of distributing information about the \n products and services of the airline industry are changing; \n during the past four years, airlines have begun selling a \n larger percentage of their products and services directly to \n consumers, and Internet businesses are now offering services \n that allow consumers to compare prices for these products and \n services.\n (3) Airline policies with respect to travel agencies, who \n historically have sold a majority of the airline industry's \n products and services, threaten the ability of consumers to \n gather the information necessary to evaluate market prices, \n routes, and services.\n (4) Further reductions in the number of travel agents and \n greater marketplace reliance on direct airline sales may result \n in a marketplace in which consumers lack sufficient information \n and are thereby forced to pay higher prices.\n (b) Establishment.--There is established a commission to be known \nas the ``National Commission to Ensure Consumer Information and Choice \nin the Airline Industry'' (hereinafter in this section referred to as \nthe ``Commission'').\n (c) Duties.--\n (1) Study.--The Commission shall undertake a study of--\n (A) consumer access to information about the \n products and services of the airline industry;\n (B) the effect on the marketplace of the emergence \n of new means of distributing such products and \n services;\n (C) the effect on consumers of the declining \n financial condition of travel agents in the United \n States; and\n (D) the impediments imposed by the airline industry \n on distributors of the industry's products and \n services, including travel agents and Internet-based \n distributors.\n (2) Policy recommendations.--Based on the results of the \n study described in paragraph (1), the Commission shall \n recommend to the President and Congress policies necessary--\n (A) to ensure full consumer access to complete \n information concerning airline fares, routes, and other \n services;\n (B) to ensure that the means of distributing the \n products and services of the airline industry, and of \n disseminating information about such products and \n services, is adequate to ensure that competitive \n information is available in the marketplace;\n (C) to ensure that distributors of the products and \n services of the airline industry have adequate relief \n from illegal, anticompetitive practices that occur in \n the marketplace; and\n (D) to foster healthy competition in the airline \n industry and the entry of new entrants.\n (d) Specific Matters To Be Addressed.--In carrying out the study \nauthorized under subsection (c)(1), the Commission shall specifically \naddress the following:\n (1) Consumer access to information.--With respect to \n consumer access to information regarding the services and \n products offered by the airline industry:\n (A) The state of such access.\n (B) The effect in the next 5 years of the making of \n alliances in the airline industry.\n (C) Whether and to what degree the trends regarding \n such access will produce benefits to consumers.\n (2) Means of distribution.--With respect to the means of \n distributing the products and services of the airline industry:\n (A) The state of such means of distribution.\n (B) The roles played by travel agencies and \n Internet-based providers of travel information and \n services in distributing such products and services.\n (C) Whether the policies of the United States \n promote the access of consumers to multiple means of \n distribution.\n (3) Airline reservation systems.--With respect to airline \n reservation systems:\n (A) The rules, regulations, policies, and practices \n of the industry governing such systems.\n (B) How trends in such systems will affect \n consumers, including--\n (i) the effect on consumer access to flight \n reservation information; and\n (ii) the effect on consumers of the use by \n the airline industry of penalties and \n promotions to convince distributors to use such \n systems, and the degree of consumer awareness \n of such penalties and promotions.\n (4) Legal impediments to distributors seeking relief for \n anticompetitive actions.--The policies of the United States \n with respect to the legal impediments to distributors seeking \n relief for anticompetitive actions, including--\n (A) Federal preemption of civil actions against \n airlines; and\n (B) the role of the Department of Transportation in \n enforcing rules against anticompetitive practices.\n (e) Membership.--\n (1) Appointment.--The Commission shall be composed of 15 \n voting members and 11 nonvoting members as follows:\n (A) 5 voting members and 1 nonvoting member \n appointed by the President.\n (B) 3 voting members and 3 nonvoting members \n appointed by the Speaker of the House of \n Representatives.\n (C) 2 voting members and 2 nonvoting members \n appointed by the minority leader of the House of \n Representatives.\n (D) 3 voting members and 3 nonvoting members \n appointed by the majority leader of the Senate.\n (E) 2 voting members and 2 nonvoting members \n appointed by the minority leader of the Senate\n (2) Qualifications.--Voting members appointed pursuant to \n paragraph (1) shall be appointed from among individuals who are \n experts in economics, service product distribution, or \n transportation, or any related discipline, and who can \n represent consumers, passengers, shippers, travel agents, \n airlines, or general aviation.\n (3) Terms.--Members shall be appointed for the life of the \n Commission.\n (4) Vacancies.--A vacancy in the Commission shall be filled \n in the manner in which the original appointment was made.\n (5) Travel expenses.--Members shall serve without pay but \n shall receive travel expenses, including per diem in lieu of \n subsistence, in accordance with subchapter I of chapter 57 of \n title 5, United States Code.\n (6) Chairman.--The President, in consultation with the \n Speaker of the House of Representatives and the majority leader \n of the Senate, shall designate the Chairman of the Commission \n from among its voting members.\n (f) Commission Panels.--The Chairman shall establish such panels \nconsisting of voting members of the Commission as the Chairman \ndetermines appropriate to carry out the functions of the Commission.\n (g) Staff.--The Commission may appoint and fix the pay of such \npersonnel as it considers appropriate.\n (h) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any department or agency of the United States may detail, on a \nreimbursable basis, any of the personnel of that department or agency \nto the Commission to assist it in carrying out its duties under this \nsection.\n (i) Other Staff and Support.--Upon the request of the Commission, \nor a panel of the Commission, the Secretary of Transportation shall \nprovide the Commission or panel with professional and administrative \nstaff and other support, on a reimbursable basis, to assist the \nCommission or panel in carrying out its responsibilities.\n (j) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information (other \nthan information required by any statute of the United States to be \nkept confidential by such department or agency) necessary for the \nCommission to carry out its duties under this section. Upon request of \nthe Commission, the head of that department or agency shall furnish \nsuch nonconfidential information to the Commission.\n (k) Report.--Not later than 6 months after the date on which \ninitial appointments of members to the Commission are completed, the \nCommission shall transmit to the President and Congress a report on the \nactivities of the Commission, including recommendations made by the \nCommission under subsection (c)(2).\n (l) Termination.--The Commission shall terminate on the 30th day \nfollowing the date of transmittal of the report under subsection (k). \nAll records and papers of the Commission shall thereupon be delivered \nby the Administrator of General Services for deposit in the National \nArchives.\n (m) Applicability of the Federal Advisory Committee Act.--The \nFederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the \nCommission.","summary":"Improved Consumer Access to Travel Information Act - Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Sets forth the Commission's duties, including to: (1) study consumer access to airline industry information on products and services, the effect on consumers of the declining financial condition of travel agents in the United States, and the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. And (2) recommend, based on the study results, to the President and Congress policies necessary to ensure full consumer access to complete information concerning airline fares, routes, and other services, that the means of distributing the products and services of the airline industry is adequate to ensure that competitive information is available in the marketplace, and that distributors of such products and services have adequate relief from illegal, anticompetitive practices that occur in the marketplace. Requires the Commission to report to the President and Congress on the Commission's activities, including any recommendations made by it.","title":"Improved Consumer Access to Travel Information Act","text_len":10246,"sum_len":1207} {"bill_id":"110_s115","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Oil Subsidy \nElimination for New Strategies on Energy Act'' or the ``Oil SENSE \nAct''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nTITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF \n 2005\n\nSec. 101. Termination of certain provisions of the Energy Policy Act of \n 2005.\n TITLE II--SUSPENSION OF ROYALTY RELIEF\n\nSec. 201. Suspension of royalty relief.\nSec. 202. Renegotiation of existing leases.\n TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES\n\nSec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of \n 2005 for oil and gas.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) record highs in oil and natural gas prices have \n resulted in record profits for oil and natural gas producers \n and refiners;\n (2) oil prices are projected to remain high for the \n foreseeable future;\n (3) the Department of the Interior estimates that as much \n as $66,000,000,000 worth of oil and natural gas taken from the \n deep waters of the Gulf of Mexico over the next 5 years will be \n exempt from Government royalty payments, which could amount to \n the Government losing an estimated $7,000,000,000 to \n $9,500,000,000 based on anticipated production and current \n price projections for oil and gas, according to an analysis in \n the 5-year budget plan of the Department of the Interior;\n (4) the chief executive officers of the top 5 oil companies \n stated at a November 9, 2005, joint hearing of the Committee on \n Energy and Natural Resource of the Senate and the Committee on \n Environment and Public Works of the Senate that their companies \n did not need the Federal tax incentives provided in the Energy \n Policy Act of 2005 (42 U.S.C. 15801 et seq.);\n (5) the Statement of Administration Policy of June 14, \n 2005, on the energy bill that would become the Energy Policy \n Act of 2005 states, ``The President believes that additional \n taxpayer subsidies for oil-and-gas exploration are unwarranted \n in today's price environment, and urges the Senate to eliminate \n the Federal oil-and-gas subsidies and other exploration \n incentives contained in the bill.''; and\n (6) incentives for the energy industry should be focused on \n the development of renewable energy resources in the United \n States that will also promote, jobs, investment, innovation, \n and economic development in rural, agriculture-dependent areas.\n\nTITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF \n 2005\n\nSEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF \n 2005.\n\n (a) In General.--The following provisions of the Energy Policy Act \nof 2005 are repealed as of the date of enactment of this Act:\n (1) Section 343 (42 U.S.C. 15903) (relating to marginal \n property production incentives).\n (2) Section 344 (42 U.S.C. 15904) (relating to incentives \n for natural gas production from deep wells in the shallow \n waters of the Gulf of Mexico).\n (3) Section 345 (42 U.S.C. 15905) (relating to royalty \n relief for deep water production).\n (4) Section 346 (Public Law 109-58; 119 Stat. 794) \n (relating to Alaska offshore royalty suspension).\n (5) Section 357 (42 U.S.C. 15912) (relating to \n comprehensive inventory of OCS oil and natural gas resources).\n (6) Section 362 (42 U.S.C. 15921) (relating to management \n of Federal oil and gas leasing programs).\n (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) \n (relating to ultra-deepwater and unconventional natural gas and \n other petroleum resources).\n (b) Termination of Alaska Offshore Royalty Suspension.--\n (1) In general.--Section 8(a)(3)(B) of the Outer \n Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is \n amended by striking ``and in the Planning Areas offshore \n Alaska''.\n (2) Effective date.--The amendment made by this subsection \n shall take effect as of the date of enactment of this Act.\n\n TITLE II--SUSPENSION OF ROYALTY RELIEF\n\nSEC. 201. SUSPENSION OF ROYALTY RELIEF.\n\n (a) In General.--Subject to subsection (c), the Secretary of the \nInterior (referred to in this title as the ``Secretary'') shall suspend \nthe application of any provision of Federal law under which a person \nwould otherwise be provided relief from a requirement to pay a royalty \nfor the production of oil or natural gas from Federal land (including \nsubmerged land) occurring after the date of enactment of this Act \nduring any period in which--\n (1) for the production of oil, the average price of crude \n oil in the United States during the 4-week period immediately \n preceding the suspension is greater than $34.71 per barrel; and\n (2) for the production of natural gas, the average wellhead \n price of natural gas in the United States during the 4-week \n period immediately preceding the suspension is greater than \n $4.34 per 1,000 cubic feet.\n (b) Determination of Average Prices.--For purposes of subsection \n(a), the Secretary shall determine average prices, taking into \nconsideration the most recent data reported by the Energy Information \nAdministration.\n (c) Required Adjustment.--For fiscal year 2008 and each subsequent \nfiscal year, each dollar amount specified in subsection (a) shall be \nadjusted to reflect changes for the 1-year period ending the preceding \nNovember 30 in the Consumer Price Index for All Urban Consumers \npublished by the Bureau of Labor Statistics of the Department of Labor.\n\nSEC. 202. RENEGOTIATION OF EXISTING LEASES.\n\n (a) Requirement.--The Secretary shall renegotiate each lease \nauthorizing production of oil or natural gas on Federal land (including \nsubmerged land) issued by the Secretary before the date of enactment of \nthis Act as the Secretary determines to be necessary to modify the \nterms of the lease to ensure that a suspension of a requirement to pay \nroyalties under the lease does not apply to production described in \nsection 201(a).\n (b) Failure to Renegotiate and Modify.--Beginning on the date that \nis 1 year after the date of enactment of this Act, a lessee under a \nlease described in subsection (a) shall not be eligible--\n (1) to enter into a new lease described in that subsection; \n or\n (2) to obtain by sale or other transfer any lease issued \n before that date, unless the lessee--\n (A) renegotiates the lease; and\n (B) enters into an agreement with the Secretary to \n modify the terms of the lease in accordance with \n subsection (a).\n\n TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES\n\nSEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 \n PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY.\n\n (a) Repeal of Election to Expense Certain Refineries.--\n (1) In general.--Subparagraph (B) of section 179C(c)(1) of \n the Internal Revenue Code of 1986 (relating to qualified \n refinery property) is amended by striking ``January 1, 2012'' \n and inserting ``the date of the enactment of the Oil Subsidy \n Elimination for New Strategies on Energy Act''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to property placed in service after the date of the \n enactment of this Act.\n (b) Repeal of Treatment of Natural Gas Distribution Lines as 15-\nYear Property.--\n (1) In general.--Clause (viii) of section 168(e)(3)(E) of \n such Code (relating to 15-year property) is amended by striking \n ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination \n for New Strategies on Energy Act''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to property placed in service after the date of the \n enactment of this Act.\n (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year \nProperty.--\n (1) In general.--Clause (iv) of section 168(e)(3)(C) of \n such Code (relating to 7-year property) is amended by inserting \n ``and which is placed in service before the date of the \n enactment of the Oil Subsidy Elimination for New Strategies on \n Energy Act'' after ``April 11, 2005,''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to property placed in service after the date of the \n enactment of this Act.\n (d) Repeal of New Rule for Determining Small Refiner Exception to \nOil Depletion Deduction.--\n (1) In general.--Paragraph (4) of section 613A(d) of such \n Code (relating to certain refiners excluded) is amended to read \n as follows:\n ``(4) Certain refiners excluded.--If the taxpayer or a \n related person engages in the refining of crude oil, subsection \n (c) shall not apply to such taxpayer if on any day during the \n taxable year the refinery runs of the taxpayer and such person \n exceed 50,000 barrels.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to taxable years beginning after the date of the \n enactment of this Act.\n (e) Repeal of Amortization of Geological and Geophysical \nExpenditures.--\n (1) In general.--Section 167 of such Code (relating to \n depreciation) is amended by striking subsection (h) and \n redesignating subsection (i) as subsection (h).\n (2) Conforming amendment.--Section 263A(c)(3) of such Code \n is amended by striking ``167(h),''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to amounts paid or incurred after the date of the \n enactment of this Act.","summary":"Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells. (2) incentives for natural gas production in the Gulf of Mexico, (3) royalty relief for deep water production, (4) Alaska offshore royalty suspension. (5) the inventory of Outer Continental Shelf oil and natural gas resources, (6) management of federal oil and gas leasing programs. And (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels. And (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries. (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines. And (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.","title":"A bill to suspend royalty relief, to repeal certain provisions of the Energy Policy Act of 2005, and to amend the Internal Revenue Code of 1986 to repeal certain tax incentives for the oil and gas industry.","text_len":10461,"sum_len":1341} {"bill_id":"106_s1570","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``SCHIP Improvement Act of 1999''.\n\nSEC. 2. LIMITED WAIVER OF CONFIDENTIALITY REQUIREMENT.\n\n Section 9(b)(2)(C)(iii) of the National School Lunch Act (42 U.S.C. \n1758(b)(2)(C)(iii)) is amended--\n (1) in subclause (II), by striking ``and'' at the end;\n (2) in subclause (III), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(IV) a person directly connected with the administration \n of a State plan under title XIX of the Social Security Act (42 \n U.S.C. 1396 et seq.) or a State child health plan under title \n XXI of that Act (42 U.S.C. 1397aa et seq.) for the purpose of \n identifying children eligible for benefits under, and enrolling \n children in, any such plan, except that this subclause shall \n apply with respect to the agency from which the information \n would be obtained only if the State and the agency so elect.''.\n\nSEC. 3. DEMONSTRATION PROJECT.\n\n (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42 \nU.S.C. 1786) is amended by adding at the end the following:\n ``(q) Demonstration Project Relating to Use of WIC Funds for \nIdentification and Enrollment of Children in Certain Health Programs.--\n ``(1) In general.--The Secretary shall establish a \n demonstration project in not more than 40 local agencies in not \n fewer than 2 States under which costs of nutrition services and \n administration (as defined in subsection (b)(4)) shall include \n the costs of identification of children eligible for benefits \n under, and enrollment of children in--\n ``(A) a State plan under title XIX of the Social \n Security Act (42 U.S.C. 1396 et seq.); and\n ``(B) a State child health plan under title XXI of \n that Act (42 U.S.C. 1397aa et seq.).\n ``(2) Report on evaluation of costs.--Not later than 18 \n months after the date of enactment of this subsection, the \n Comptroller General of the United States shall submit to \n Congress a report evaluating the costs associated with \n implementation of the demonstration project, including an \n evaluation of the Federal and State costs per child enrolled in \n a State plan described in paragraph (1).\n ``(3) Termination of authority.--The authority provided by \n this subsection terminates September 30, 2003.''.\n (b) Technical Amendments.--Section 17 of the Child Nutrition Act of \n1966 (42 U.S.C. 1786)--\n (1) in subsection (b)(4), by striking ``(4)'' and all that \n follows through ``means'' and inserting ``(4) `Costs of \n nutrition services and administration' or `nutrition services \n and administration' means''; and\n (2) in subsection (h)(1)(A), by striking ``costs incurred \n by State and local agencies for nutrition services and \n administration'' and inserting ``costs of nutrition services \n and administration incurred by State and local agencies''.\n\nSEC. 3. GRANTS FOR IDENTIFICATION AND ENROLLMENT EFFORTS.\n\n Section 12 of the National School Lunch Act (42 U.S.C. 1760) is \namended by adding at the end the following:\n ``(p) Grants for Identification and Enrollment Efforts.--\n ``(1) In general.--The Secretary shall make grants to \n States to carry out State plans to involve eligible entities \n described in paragraph (2) in the identification of children \n eligible for benefits under, and enrollment of children in--\n ``(A) a State plan under title XIX of the Social \n Security Act (42 U.S.C. 1396 et seq.); and\n ``(B) a State child health plan under title XXI of \n the Social Security Act (42 U.S.C. 1397aa et seq.).\n ``(2) Eligible entities.--An eligible entity referred to in \n paragraph (1) is--\n ``(A) a school or school food authority \n participating in the school lunch program under this \n Act;\n ``(B) an institution participating in the child and \n adult care food program under section 17;\n ``(C) a local agency participating in the special \n supplemental nutrition program for women, infants, and \n children under section 17 of the Child Nutrition Act of \n 1966 (42 U.S.C. 1786); or\n ``(D) any other nongovernmental social service \n provider.\n ``(3) Use of funds for wic demonstration project.--The \n authorized uses of grant funds under this subsection shall \n include carrying out the demonstration project under section \n 17(q) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(q)).\n ``(4) Funding.--Out of any moneys in the Treasury not \n otherwise appropriated, the Secretary of the Treasury shall \n provide to the Secretary to carry out this subsection \n $6,000,000 for each of fiscal years 2000 through 2003. The \n Secretary shall be entitled to receive the funds and shall \n accept the funds, without further Act of appropriation.''.","summary":"Amends NSLA to provide a limited waiver of a confidentiality requirement, for persons directly connected with the administration of a State plan for Medicaid or SCHIP, for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan. Makes such waiver applicable with respect to the agency from which the information would be obtained only if the State and the agency so elect. Amends CNA provisions for the special supplemental nutrition program for women, infants, and children to direct the Secretary of Agriculture to establish a demonstration project, in not more than 40 local agencies in not fewer than two States, under which costs of nutrition services and administration shall include the costs of identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Directs the Comptroller General to evaluate for Congress the costs associated with implementing such project, including Federal and State costs per child enrolled in such State plans. (Section 3(sic)) Amends NSLA to direct the Secretary to make grants to States to carry out State plans to involve eligible entities in the identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Provides that the following are eligible entities: (1) a school or school food authority participating in the school lunch program under NSLA. (2) an institution participating in the child and adult care food program under NSLA. (3) a local agency participating in the WIC program under CNA. Or (4) any other nongovernmental social service provider. Includes the WIC demonstration project established under this Act among authorized uses of such grant funds. Directs the Secretary of the Treasury to provide a specified amount of funds to the Secretary for each of FY 2000 through 2003. Entitles and directs the Secretary to accept such funds, without further Act of appropriation.","title":"SCHIP Improvement Act of 1999","text_len":5406,"sum_len":2003} {"bill_id":"110_s3598","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug Trafficking Vessel Interdiction \nAct of 2008''.\n\n TITLE I--CRIMINAL PROHIBITION\n\nSEC. 101. FINDINGS AND DECLARATIONS.\n\n Congress finds and declares that operating or embarking in a \nsubmersible vessel or semi-submersible vessel without nationality and \non an international voyage is a serious international problem, \nfacilitates transnational crime, including drug trafficking, and \nterrorism, and presents a specific threat to the safety of maritime \nnavigation and the security of the United States.\n\nSEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n WITHOUT NATIONALITY.\n\n (a) In General.--Chapter 111 of title 18, United States Code, is \namended by adding at the end the following new section:\n\n``\u00062285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n WITHOUT NATIONALITY.\n\n ``(a) Offense.--Whoever knowingly operates, or attempts or \nconspires to operate, by any means, or embarks in any submersible \nvessel or semi-submersible vessel that is without nationality and that \nis navigating or has navigated into, through, or from waters beyond the \nouter limit of the territorial sea of a single country or a lateral \nlimit of that country's territorial sea with an adjacent country, with \nthe intent to evade detection, shall be fined under this title, \nimprisoned not more than 15 years, or both.\n ``(b) Evidence of Intent To Evade Detection.--For purposes of \nsubsection (a), the presence of any of the indicia described in \nparagraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), \nof section 70507(b) of title 46 may be considered, in the totality of \nthe circumstances, to be prima facie evidence of intent to evade \ndetection.\n ``(c) Extraterritorial Jurisdiction.--There is extraterritorial \nFederal jurisdiction over an offense under this section, including an \nattempt or conspiracy to commit such an offense.\n ``(d) Claim of Nationality or Registry.--A claim of nationality or \nregistry under this section includes only--\n ``(1) possession on board the vessel and production of \n documents evidencing the vessel's nationality as provided in \n article 5 of the 1958 Convention on the High Seas;\n ``(2) flying its nation's ensign or flag; or\n ``(3) a verbal claim of nationality or registry by the master \n or individual in charge of the vessel.\n ``(e) Affirmative Defenses.--\n ``(1) In general.--It is an affirmative defense to a \n prosecution for a violation of subsection (a), which the defendant \n has the burden to prove by a preponderance of the evidence, that \n the submersible vessel or semi-submersible vessel involved was, at \n the time of the offense--\n ``(A) a vessel of the United States or lawfully registered \n in a foreign nation as claimed by the master or individual in \n charge of the vessel when requested to make a claim by an \n officer of the United States authorized to enforce applicable \n provisions of United States law;\n ``(B) classed by and designed in accordance with the rules \n of a classification society;\n ``(C) lawfully operated in government-regulated or licensed \n activity, including commerce, research, or exploration; or\n ``(D) equipped with and using an operable automatic \n identification system, vessel monitoring system, or long range \n identification and tracking system.\n ``(2) Production of documents.--The affirmative defenses \n provided by this subsection are proved conclusively by the \n production of--\n ``(A) government documents evidencing the vessel's \n nationality at the time of the offense, as provided in article \n 5 of the 1958 Convention on the High Seas;\n ``(B) a certificate of classification issued by the \n vessel's classification society upon completion of relevant \n classification surveys and valid at the time of the offense; or\n ``(C) government documents evidencing licensure, \n regulation, or registration for commerce, research, or \n exploration.\n ``(f) Federal Activities Excepted.--Nothing in this section applies \nto lawfully authorized activities carried out by or at the direction of \nthe United States Government.\n ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 \nof title 46 apply to offenses under this section in the same manner as \nthey apply to offenses under section 70503 of such title.\n ``(h) Definitions.--In this section, the terms `submersible \nvessel', `semi-submersible vessel', `vessel of the United States', and \n`vessel without nationality' have the meaning given those terms in \nsection 70502 of title 46.''.\n (b) Clerical Amendment.--The chapter analysis for chapter 111 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 2284 the following:\n\n``2285. Operation of submersible vessel or semi-submersible vessel \n without nationality''.\n\nSEC. 103. SENTENCING GUIDELINES.\n\n (a) In General.--Pursuant to its authority under section 994(p) of \ntitle 28, United States Code, and in accordance with this section, the \nUnited States Sentencing Commission shall promulgate sentencing \nguidelines (including policy statements) or amend existing sentencing \nguidelines (including policy statements) to provide adequate penalties \nfor persons convicted of knowingly operating by any means or embarking \nin any submersible vessel or semi-submersible vessel in violation of \nsection 2285 of title 18, United States Code.\n (b) Requirements.--In carrying out this section, the United States \nSentencing Commission shall--\n (1) ensure that the sentencing guidelines and policy statements \n reflect the serious nature of the offense described in section 2285 \n of title 18, United States Code, and the need for deterrence to \n prevent such offenses;\n (2) account for any aggravating or mitigating circumstances \n that might justify exceptions, including--\n (A) the use of a submersible vessel or semi-submersible \n vessel described in section 2285 of title 18, United States \n Code, to facilitate other felonies;\n (B) the repeated use of a submersible vessel or semi-\n submersible vessel described in section 2285 of title 18, \n United States Code, to facilitate other felonies, including \n whether such use is part of an ongoing criminal organization or \n enterprise;\n (C) whether the use of such a vessel involves a pattern of \n continued and flagrant violations of section 2285 of title 18, \n United States Code;\n (D) whether the persons operating or embarking in a \n submersible vessel or semi-submersible vessel willfully caused, \n attempted to cause, or permitted the destruction or damage of \n such vessel or failed to heave to when directed by law \n enforcement officers; and\n (E) circumstances for which the sentencing guidelines (and \n policy statements) provide sentencing enhancements;\n (3) ensure reasonable consistency with other relevant \n directives, other sentencing guidelines and policy statements, and \n statutory provisions;\n (4) make any necessary and conforming changes to the sentencing \n guidelines and policy statements; and\n (5) ensure that the sentencing guidelines and policy statements \n adequately meet the purposes of sentencing set forth in section \n 3553(a)(2) of title 18, United States Code.\n\n TITLE II--CIVIL PROHIBITION\n\nSEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n WITHOUT NATIONALITY.\n\n (a) Finding and declaration.--Section 70501 of title 46, United \nStates Code, is amended--\n (1) by inserting ``(1)'' after ``that''; and\n (2) by striking ``States.'' and inserting ``States and (2) \n operating or embarking in a submersible vessel or semi-submersible \n vessel without nationality and on an international voyage is a \n serious international problem, facilitates transnational crime, \n including drug trafficking, and terrorism, and presents a specific \n threat to the safety of maritime navigation and the security of the \n United States.''.\n\nSEC. 202. OPERATION PROHIBITED.\n\n (a) In General.--Chapter 705 of title 46, United States Code, is \namended by adding at the end thereof the following:\n\n``\u000670508. Operation of submersible vessel or semi-submersible vessel \n without nationality\n\n ``(a) In General.--An individual may not operate by any means or \nembark in any submersible vessel or semi-submersible vessel that is \nwithout nationality and that is navigating or has navigated into, \nthrough, or from waters beyond the outer limit of the territorial sea \nof a single country or a lateral limit of that country's territorial \nsea with an adjacent country, with the intent to evade detection.\n ``(b) Evidence of Intent To Evade Detection.--In any civil \nenforcement proceeding for a violation of subsection (a), the presence \nof any of the indicia described in paragraph (1)(A), (E), (F), or (G), \nor in paragraph (4), (5), or (6), of section 70507(b) may be \nconsidered, in the totality of the circumstances, to be prima facie \nevidence of intent to evade detection.\n ``(c) Defenses.--\n ``(1) In general.--It is a defense in any civil enforcement \n proceeding for a violation of subsection (a) that the submersible \n vessel or semi-submersible vessel involved was, at the time of the \n violation--\n ``(A) a vessel of the United States or lawfully registered \n in a foreign nation as claimed by the master or individual in \n charge of the vessel when requested to make a claim by an \n officer of the United States authorized to enforce applicable \n provisions of United States law;\n ``(B) classed by and designed in accordance with the rules \n of a classification society;\n ``(C) lawfully operated in government-regulated or licensed \n activity, including commerce, research, or exploration; or\n ``(D) equipped with and using an operable automatic \n identification system, vessel monitoring system, or long range \n identification and tracking system.\n ``(2) Production of documents.--The defenses provided by this \n subsection are proved conclusively by the production of--\n ``(A) government documents evidencing the vessel's \n nationality at the time of the offense, as provided in article \n 5 of the 1958 Convention on the High Seas;\n ``(B) a certificate of classification issued by the \n vessel's classification society upon completion of relevant \n classification surveys and valid at the time of the offense; or\n ``(C) government documents evidencing licensure, \n regulation, or registration for research or exploration.\n ``(d) Civil Penalty.--A person violating this section shall be \nliable to the United States for a civil penalty of not more than \n$1,000,000.''\n (b) Conforming Amendments.--\n (1) The chapter analysis for chapter 705 of title 46, United \n States Code, is amended by inserting after the item relating to \n section 70507 the following:\n\n``70508. Operation of submersible vessel or semi-submersible vessel \n without nationality''.\n (2) Section 70504(b) of title 46, United States Code, is \n amended by inserting ``or 70508'' after ``70503''.\n (3) Section 70505 of title 46, United States Code, is amended \n by striking ``this title'' and inserting ``this title, or against \n whom a civil enforcement proceeding is brought under section \n 70508,''.\n\nSEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.\n\n Section 70502 of title 46, United States Code, is amended by adding \nat the end thereof the following:\n ``(f) Semi-submersible Vessel; Submersible Vessel.--In this \nchapter:\n ``(1) Semi-submersible vessel.--The term `semi-submersible \n vessel' means any watercraft constructed or adapted to be capable \n of operating with most of its hull and bulk under the surface of \n the water, including both manned and unmanned watercraft.\n ``(2) Submersible vessel.--The term `submersible vessel' means \n a vessel that is capable of operating completely below the surface \n of the water, including both manned and unmanned watercraft.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Drug Trafficking Vessel Interdiction Act of 2008 - Title I: Criminal Prohibition - Amends the federal criminal code to impose a fine andor prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in the 1958 Convention on the High Seas, (2) flying its nation's ensign or flag. Or (3) a verbal claim of nationality or registry by the person in charge of the vessel. Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation. (2) classed by and designated in accordance with the rules of a classification society, (3) lawfully operated in a government regulated or licensed activity. Or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense. Directs the US Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act. Title II: Civil Prohibition - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act. Defines a semi-submersible vessel as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a submersible vessel as a manned or unmanned vessel capable of operating completely below the surface of the water.","title":"A bill to amend titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality.","text_len":12931,"sum_len":2223} {"bill_id":"104_hr923","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Franked Mail Savings Act''.\n\nSEC. 2. OFFICIAL MASS MAILING ALLOWANCE.\n\n Section 311(f) of the Legislative Branch Appropriations Act, 1991 \n(2 U.S.C. 59e(f)) is amended to read as follows:\n ``(f)(1) There is established in the House of Representatives an \nOfficial Mass Mailing Allowance for Members of the House of \nRepresentatives.\n ``(2) The Official Mass Mailing Allowance of a Member of the House \nof Representatives--\n ``(A) shall be available only for postage for any mass \n mailing sent by such Member as franked mail;\n ``(B) shall be the sole source of funding for any such \n postage; and\n ``(C) shall be available, in a session of Congress (subject \n to paragraph (5)(A)(ii)), in an amount not to exceed the total \n amount allocated to the Official Mail Allowance of such Member \n in such session.\n ``(3) No amount may be transferred to or from the Official Mass \nMailing Allowance of a Member of the House of Representatives \n(including as described in the parenthetical matter in subsection \n(a)(2)(A)), except as provided in subsection (e)(3)(B).\n ``(4) For purposes of subsection (b), the Official Mass Mailing \nAllowance of (and any mass mailing sent by) a Member of the House of \nRepresentatives shall be treated separately from the Official Mail \nAllowance of (and any other official mail sent by) such Member.\n ``(5) Otherwise applicable provisions of law relating to mass \nmailings sent by a Member of (or Member-elect to) the House of \nRepresentatives shall continue to govern such mass mailings--\n ``(A) except that--\n ``(i) for purposes of carrying out those other \n provisions of law, the term `mass mailing' shall have \n the meaning given it under paragraph (8); and\n ``(ii) a mass mailing may not be sent if it would \n be postmarked during any session that begins in an \n even-numbered calendar year (excluding any mail sent \n after the Tuesday next after the 1st Monday in November \n of such year, and any mass mailing described in section \n 3210(a)(6)(B) of title 39, United States Code); and\n ``(B) except as otherwise provided in this subsection.\n ``(6) A Member of the House of Representatives shall--\n ``(A) before making any mass mailing, submit a sample of \n the mail matter involved to the House Commission on \n Congressional Mailing Standards for an advisory opinion as to \n whether such proposed mailing is in compliance with applicable \n provisions of law, rule, or regulation;\n ``(B) before making any mailing of substantially identical \n mail which totals 250 pieces or less (but more than 50), and \n which in every other respect meets the definition of a mass \n mailing, submit a sample of the mail matter involved to such \n Commission; and\n ``(C) before making any mailing of substantially identical \n mail, in the nature of a town meeting notice, which totals more \n than 50 pieces, and which in every other respect (aside from \n such nature and number) meets the definition of a mass mailing, \n submit a sample of the mail matter involved to such Commission.\n ``(7)(A) The regulations prescribed in connection with subsection \n(a)(3) shall be amended to require, in addition to the information \notherwise required to be included in the quarterly report referred to \ntherein, a statement of--\n ``(i) costs charged against the Official Mass Mailing \n Allowance of each Member; and\n ``(ii) the number of pieces of mail in any mass mailing \n sent by a Member.\n ``(B) The House Commission on Congressional Mailing Standards shall \nby regulation establish procedures under which there shall be made \navailable to the public for review and copying any matter submitted to \nthe Commission under paragraph (6). Any copying under the preceding \nsentence shall be at the expense of the person who requests the \ncopying.\n ``(8) For the purpose of this subsection--\n ``(A) the term `mass mailing' means, with respect to a \n session of Congress, any mailing of newsletters or other pieces \n of mail with substantially identical content (whether such mail \n is deposited singly or in bulk, or at the same time or \n different times), totaling more than 250 pieces in that \n session, except that such term does not include any mailing--\n ``(i) of matter in direct response to a \n communication from a person to whom the matter is \n mailed;\n ``(ii) from a Member of Congress to other Members \n of Congress, or to Federal, State, or local government \n officials;\n ``(iii) of a news release to the communications \n media; or\n ``(iv) described in clause (iv) or (v) of section \n 6(b)(1)(B) of the Legislative Branch Appropriations \n Act, 1995 (39 U.S.C. 3210 note), subject to the same \n restriction as specified in such clause (iv) with \n respect to a Member of the Senate;\n ``(B) the term `franked mail' has the meaning given such \n term by section 3201(4) of title 39, United States Code; and\n ``(C) the term `town meeting notice' means (including for \n purposes of subparagraph (A)(iv)) any mailing which--\n ``(i) relates solely to a notice of the time and \n place at which a Member of the House of Representatives \n or 1 or more members of the Member's staff will be \n available to meet constituents regarding legislative \n issues or problems with Federal programs;\n ``(ii) appears on a mailing 5\\1\/2\\\" x 8\" or \n smaller;\n ``(iii) includes not more than 3 references to the \n Member (excluding any reference appearing as the frank, \n consisting of the signature and name at the end of the \n mailing, or otherwise specified in regulations of the \n House Commission on Congressional Mailing Standards); \n and\n ``(iv) does not include any picture, sketch, or \n other likeness of the Member.''.\n\nSEC. 3. PROVISIONS RELATING TO MEMBERS' OFFICIAL MAIL ALLOWANCE.\n\n (a) Reduction in Maximum Allocation.--Section 311(e)(2)(B)(i) of \nthe Legislative Branch Appropriations Act, 1991 (2 U.S.C. \n59e(e)(2)(B)(i)) is amended by striking ``3'' and inserting ``0.5''.\n (b) Limitation on Transfers.--Paragraph (3) of section 311(e) of \nsuch Act is amended to read as follows:\n ``(3)(A) Except as provided in subparagraph (B), no amount may be \ntransferred to or from the Official Mail Allowance of a Member of the \nHouse of Representatives.\n ``(B) A Member of the House of Representatives may transfer amounts \nfrom the Official Mass Mailing Allowance of the Member to the Official \nMail Allowance of the Member.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect as of the first \nday of the first regular session of Congress beginning after the date \nof the enactment of this Act.","summary":"Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail, (2) the sole source of funding for any such postage. And (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect subject to certain conditions. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance . Prohibits the transfer of any amount to or from the Official Mail Allowance of a Member.","title":"Franked Mail Savings Act","text_len":7545,"sum_len":1068} {"bill_id":"109_s3744","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Abraham Lincoln Study Abroad Act of \n2006''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) According to President George W. Bush, ``America's \n leadership and national security rest on our commitment to \n educate and prepare our youth for active engagement in the \n international community.''.\n (2) According to former President William J. Clinton, \n ``Today, the defense of United States interests, the effective \n management of global issues, and even an understanding of our \n Nation's diversity require ever-greater contact with, and \n understanding of, people and cultures beyond our borders.''.\n (3) Congress created the Commission on the Abraham Lincoln \n Study Abroad Fellowship Program in section 104(a) of Division H \n of the Consolidated Appropriations Act, 2004 (Public Law 108-\n 199). Pursuant to its mandate, the Commission has submitted to \n Congress and the President a report of its recommendations for \n greatly expanding the opportunity for students at institutions \n of higher education in the United States to study abroad, with \n special emphasis on studying in developing nations and \n nontraditional study abroad destinations.\n (4) Studies consistently show that United States students \n score below their counterparts in other advanced countries on \n indicators of international knowledge. This lack of global \n literacy is a national liability in an age of global trade and \n business, global interdependence, and global terror.\n (5) By numbers ranging from 77 to more than 90 percent, \n Americans believe that it is important for their children to \n learn other languages, study abroad, attend a college where \n they can interact with international students, learn about \n other countries and cultures, and generally be prepared for the \n global age, according to a December 2005 national survey \n conducted by Lake Research Partners and the Tarrance Group.\n (6) In today's world, it is more important than ever for \n the United States to be a responsible, constructive leader that \n other countries are willing to follow. Such leadership cannot \n be sustained without an informed citizenry with much more \n knowledge and awareness of the world than most Americans tend \n to possess.\n (7) Study abroad has proven to be a very effective means of \n imparting international and foreign-language competency to \n students.\n (8) In the 2003-2004 academic year, an estimated 16,910,000 \n students were enrolled in United States postsecondary \n institutions, yet only 191,321, representing approximately 1 \n percent of those students, studied abroad for academic credit, \n according to the National Center for Education Statistics and \n the Institute of International Education, respectively.\n (9) Less than 10 percent of the students who graduate from \n United States institutions of higher education with bachelors \n degrees have studied abroad.\n (10) Far more study abroad must take place in the \n developing countries. Ninety-five percent of the world's \n population growth is anticipated to occur outside of Europe in \n the future. Yet in the academic year 2003-2004, 61 percent of \n United States students studying abroad studied in Europe, and \n 46 percent studied in the 4 countries of the United Kingdom, \n Italy, Spain, and France, according to the Institute of \n International Education.\n (11) Study abroad helps to build mutual understanding among \n nations and serves to promote national leadership in the United \n States, international effectiveness, and economic \n competitiveness by helping to create a globally literate \n citizenry.\n (12) The Senate designated 2006 as the Year of Study \n Abroad, raising awareness of the importance of study abroad.\n (13) To complement such worthwhile Federal programs as the \n Benjamin A. Gilman International Scholarship Program and the \n National Security Education Program, a broad-based \n undergraduate study abroad program is needed that will \n democratize study abroad and make opportunities of study abroad \n accessible to all undergraduate students, regardless of their \n field of study, ethnicity, socio-economic status, or gender.\n (14) A majority of barriers to study abroad are due to \n institutional policies at the campus level, according to a \n report of the Strategic Task Force on Education Abroad issued \n by NAFSA: Association of International Educators.\n (15) To make study abroad an integral part of undergraduate \n students' education, regardless of field of study, ethnicity, \n socio-economic status, or gender, institutions of higher \n education should address institutional barriers that stand in \n the way of study abroad.\n (16) According to the Institute of International Education, \n the percentages of African-American, Asian-American, and \n Hispanic-American students among individuals studying abroad \n are extremely low and underrepresentative of the numbers of \n those students in the general student population.\n (17) The majority of students who study abroad are students \n in the social sciences, humanities, and foreign languages, \n while students who major in engineering, mathematics, computer \n science, or education are underrepresented in study abroad \n programs. Within the total enrolled United States undergraduate \n population, approximately 10.7 percent of United States \n students majoring in business have studied abroad, 8 percent of \n United States students majoring in engineering have studied \n abroad, and 5.9 percent of United States students majoring in \n education have studied abroad.\n (18) Recognizing that the international scope of scientific \n research in United States institutions of higher education and \n government facilities is often conducted by foreign-born \n scientists, the effectiveness of their work will be greatly \n enhanced by United States researchers who have similarly spent \n time studying abroad.\n (b) Purpose.--It is the purpose of this Act--\n (1) to encourage not less than 1,000,000 undergraduate \n students in United States institutions of higher education to \n study abroad for academic credit within 10 years of the date of \n enactment of this Act; and\n (2) to establish an Abraham Lincoln Study Abroad Program \n that--\n (A) reflects the demographics of the United States \n undergraduate population, including undergraduate \n students in technical and scientific fields of study;\n (B) ensures an increasing portion of study abroad \n takes place in nontraditional study abroad \n destinations, with a substantial portion of such \n increases taking place in developing countries; and\n (C) is accessible by students at diverse types of \n institutions of higher education, including 2-year \n institutions, minority-serving institutions, and \n institutions that serve nontraditional students.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (2) Minority-serving institution.--The term ``minority-\n serving institution'' means--\n (A) a part B institution, as defined in section 322 \n of the Higher Education Act of 1965 (20 U.S.C. 1061);\n (B) a Hispanic-serving institution, as defined in \n section 502(a) of such Act (20 U.S.C. 1101a(a)); or\n (C) another school that traditionally serves a \n racial or ethnic minority, as determined by the \n Secretary after consultation with the Secretary of \n Education.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of State.\n\nSEC. 4. ABRAHAM LINCOLN STUDY ABROAD PROGRAM.\n\n (a) In General.--The Secretary is authorized to establish and carry \nout an Abraham Lincoln Study Abroad Program to facilitate the \nparticipation of undergraduate students in study abroad for academic \ncredit. The program shall consist of the following:\n (1) Fellowships for undergraduate students.--\n (A) Fellowships.--From amounts made available under \n section 5(1), the Secretary shall award fellowships to \n undergraduate students to enable the students to study \n abroad for academic credit.\n (B) Designation.--Fellowships awarded under this \n paragraph shall be known as ``Lincoln Fellowships''.\n (2) Grants to institutions of higher education.--\n (A) In general.--From amounts made available under \n section 5(2), the Secretary shall award grants to \n institutions of higher education--\n (i) to enable the institutions of higher \n education to award fellowships to undergraduate \n students to enable the students to study abroad \n for academic credit; and\n (ii) for the reform of academic programs \n and institutional policies that inhibit \n participation by students in study abroad.\n (B) Designation.--Grants awarded under this \n paragraph shall be known as ``Lincoln Institutional \n Leverage Grants''.\n (C) Limitation.--Each institution of higher \n education that receives a grant under this paragraph \n shall use not less than 85 percent of the grant funds \n to award fellowships to students under subparagraph \n (A)(i).\n (b) Fellowship Award Rules.--The Secretary shall ensure that--\n (1) fellowships awarded under subsections (a)(1)(A) and \n (a)(2)(A)(i) reflect the demographics of the United States \n undergraduate population; and\n (2) there is an annual increase in the number or percentage \n of fellowships awarded under subsections (a)(1)(A) and \n (a)(2)(A)(i) for study abroad taking place in nontraditional \n study abroad destinations, with a substantial portion of such \n increase taking place in developing countries.\n (c) Program Development and Implementation.--The Secretary shall, \nto the extent practicable, consult with nonprofit and private \norganizations with experience in programs involving study abroad for \nacademic credit, in establishing and carrying out the Abraham Lincoln \nStudy Abroad Program.\n (d) Coordination With Other Federal Study Abroad Activities.--The \nSecretary may integrate the activities assisted under this section with \nother undergraduate study abroad activities supported by the Department \nof State, the Department of Education, and the Department of Defense.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act such \nsums as may be necessary for fiscal year 2008 and for each of the 4 \nsucceeding fiscal years, of which--\n (1) 25 percent of such sums shall be available to carry out \n section 4(a)(1) for each fiscal year; and\n (2) 75 percent of such sums shall be available to carry out \n section 4(a)(2) for each fiscal year.","summary":"Abraham Lincoln Study Abroad Act of 2006 - Authorizes the Secretary of State to establish an Abraham Lincoln Study Abroad Program to facilitate undergraduate study abroad for academic credit. States that the Program shall consist of: (1) undergraduate fellowships, and (2) grants to institutions of higher education .","title":"A bill to establish the Abraham Lincoln Study Abroad Program.","text_len":12402,"sum_len":317} {"bill_id":"103_hr4482","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Launch Services Corporation Act of \n1994''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Corporation'' means the Launch Services \n Corporation created under section 4 of this Act; and\n (2) the terms ``launch'', ``launch property'', ``launch \n services'', ``launch site'', and ``launch vehicle'' have the \n meaning given such terms under section 4 of the Commercial \n Space Launch Act (49 U.S.C. App. 2603), except that the \n provisions of this Act shall not apply to activities relating \n to suborbital trajectories.\n\nSEC. 3. FEDERAL RESPONSIBILITIES.\n\n (a) President.--The President shall--\n (1) coordinate the activities of Federal agencies with \n space launch responsibilities, so as to ensure that there is \n full and effective compliance at all times with this Act;\n (2) ensure that timely treaties, trade agreements, and \n other appropriate arrangements are made, and appropriate \n regulations are issued, to enable foreign customers to obtain \n launch services from the Corporation and to otherwise \n participate in the launch services system established pursuant \n to this Act; and\n (3) after consultation with appropriate Federal agencies, \n issue a statement of the technical requirements of the Federal \n Government for the system referred to in paragraph (2).\n (b) Research and Development.--The National Aeronautics and Space \nAdministration and the Department of Defense shall cooperate with the \nCorporation on research and development related to the purposes of the \nCorporation.\n (c) Federal Agencies in General.--The Federal Government shall--\n (1) procure, to the maximum extent feasible, needed launch \n services from the Corporation;\n (2) pay fair market value for services provided to the \n Federal Government by the Corporation;\n (3) extend to the Corporation first priority for access to \n launch property and launch sites in a mutually agreeable \n manner;\n (4) furnish range safety for launches from Government-owned \n facilities; and\n (5) to the extent feasible, furnish other services to the \n Corporation as may be required in connection with the \n establishment and operation of the Corporation.\n\nSEC. 4. LAUNCH SERVICES CORPORATION.\n\n (a) Creation.--There is authorized to be created a Launch Services \nCorporation, a for-profit corporation which shall not be an agency or \nestablishment of the United States Government and which shall be \nincorporated under the laws of a State of the United States.\n (b) Purposes.--(1) The purposes of the Corporation shall be--\n (A) to broaden and speed the economic use of space;\n (B) to enhance the economic competitiveness of the United \n States launch services industry and all industrial, commercial, \n and financial businesses related thereto;\n (C) to enhance national security;\n (D) to serve the launch needs of--\n (i) the Federal Government;\n (ii) private sector customers in the United States; \n and\n (iii) appropriate foreign customers; and\n (E) to remain a viable and competitive corporation.\n (2) It shall not be a purpose of the Corporation to construct \nlaunch vehicles.\n (c) Process of Organization.--The President shall, as expeditiously \nas possible, appoint incorporators, by and with the advice and consent \nof the Senate, who shall serve as the initial board of directors of the \nCorporation until the first annual meeting of stockholders or until \ntheir successors are elected and appointed under subsection (d) and \nqualified. Such incorporators shall arrange for an initial stock \noffering and shall take whatever other actions are necessary to \nestablish the Corporation, including the filing of articles of \nincorporation, subject to the approval of the President.\n (d) Directors and Officers.--\n (1) Directors.--The Corporation shall have a board of \n directors consisting of 15 individuals who are citizens of the \n United States, of whom one shall be elected annually by the \n board to serve as chairman. Three members of the board shall be \n appointed by the President, by and with the advice and consent \n of the Senate, for terms of three years or until their \n successors have been appointed and qualified, except that one \n of the members first appointed under this sentence shall be \n appointed to a term of one year, and one of such members shall \n be appointed to a term of two years. Any member appointed to \n fill a vacancy shall be appointed only for the unexpired term \n of the director being replaced. The remaining 12 members of the \n board shall be elected annually by the stockholders.\n (2) Officers.--The Corporation shall have such officers as \n may be named and appointed by the board, at rates of \n compensation fixed by the board, and serving at the pleasure of \n the board. No individual other than a citizen of the United \n States may be an officer of the Corporation. No officer of the \n Corporation shall receive any salary from any source other than \n the Corporation while employed by the Corporation.\n (e) Financing.--\n (1) Stock.--The Corporation may issue and have outstanding, \n in such amounts as it shall determine, shares of capital stock, \n without par value, which shall carry voting rights and be \n eligible for dividends. The stock shall be sold in a manner to \n encourage the widest distribution to the public. No company, \n including any company controlling, controlled by, or under \n common control with such company, may hold more than 15 percent \n of the capital stock of the Corporation.\n (2) Additional instruments.--The Corporation may issue, in \n addition to the stock authorized by paragraph (1), nonvoting \n securities, bonds, debentures, and other certificates of \n indebtedness.\n (f) Powers.--In order to achieve its purposes, the Corporation \nmay--\n (1) plan, initiate, own, manage, and operate itself, or in \n conjunction with other business entities, a commercial launch \n services system;\n (2) furnish, for hire, launch services to public and \n private entities of the United States and, except as otherwise \n prohibited by law, to foreign customers;\n (3) own and operate launch property, launch sites, and one \n or more types of launch vehicle, provide or contract for range \n safety operations at those launch sites, and provide or \n contract for any other such services as may be required to \n carry out its purposes; and\n (4) conduct appropriate research and development.\n (g) Recoupment.--Not later than 180 days after the date of \nenactment of this Act, the President shall establish procedures for the \nrepayment by the Corporation to the Federal Government of an amount \nequal to the amount of Federal funding that has been provided to the \nCorporation.\n\nSEC. 5. FOREIGN BUSINESS NEGOTIATIONS.\n\n Whenever the Corporation shall enter into business negotiations \nwith respect to launch property, operations, or services authorized by \nthis Act with any international or foreign entity, it shall notify the \nDepartment of State of the negotiations, and the Department of State \nshall advise the Corporation of relevant foreign policy considerations. \nThroughout such negotiations the Corporation shall keep the Department \nof State informed with respect to such considerations. The Corporation \nmay request the Department of State to assist in the negotiations, and \nthat Department shall render such assistance as may be appropriate.\n\nSEC. 6. REPORTS TO THE CONGRESS.\n\n (a) President's Report.--The President shall transmit to the \nCongress in January of each year a report which shall include a \ncomprehensive description of the activities and accomplishments of the \nFederal Government and the Corporation during the preceding calendar \nyear under this Act, together with an evaluation of such activities and \naccomplishments in terms of the purposes of the Corporation and any \nrecommendations for additional legislative or other action which the \nPresident may consider necessary for such purposes.\n (b) Corporation's Report.--The Corporation shall transmit to the \nPresident and Congress, annually and at such other times as it \nconsiders appropriate, a comprehensive and detailed report of its \noperations, activities, and accomplishments under this Act.\n\nSEC. 7. SUNSET.\n\n No Federal funding shall be provided to the Corporation after \nDecember 31, 2000, except as payment for services provided to the \nFederal Government by the Corporation.","summary":"Launch Services Corporation Act of 1994 - Authorizes the creation of a non-Federal, for profit Launch Services Corporation to provide space launch services to the Federal Government and other domestic and foreign customers. Ends Federal funding for the Corporation after the year 2000.","title":"Launch Services Corporation Act of 1994","text_len":9178,"sum_len":285} {"bill_id":"114_s684","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Homeless Veterans Prevention Act of \n2015''.\n\nSEC. 2. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE \n THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS.\n\n Section 2012(a)(2) of title 38, United States Code, is amended--\n (1) by redesignating subparagraphs (B) through (D) as \n subparagraphs (C) through (E), respectively;\n (2) in subparagraph (C), as redesignated, by striking ``in \n subparagraph (D)'' and inserting ``in subparagraph (E)'';\n (3) in subparagraph (D), as redesignated, by striking \n ``under subparagraph (B)'' and inserting ``under subparagraph \n (C)'';\n (4) in subparagraph (E), as redesignated, by striking ``in \n subparagraphs (B) and (C)'' and inserting ``in subparagraphs \n (C) and (D)''; and\n (5) in subparagraph (A)--\n (A) by striking ``The rate'' and inserting ``Except \n as otherwise provided in subparagraph (B), the rate''; \n and\n (B) by striking ``under subparagraph (B)'' and all \n that follows through the end and inserting the \n following: ``under subparagraph (C).\n ``(B)(i) Except as provided in clause (ii), in no case may the rate \ndetermined under this paragraph exceed the rate authorized for State \nhomes for domiciliary care under subsection (a)(1)(A) of section 1741 \nof this title, as the Secretary may increase from time to time under \nsubsection (c) of that section.\n ``(ii) In the case of services furnished to a homeless veteran who \nis placed in housing that will become permanent housing for the veteran \nupon termination of the furnishing of such services to such veteran, \nthe maximum rate of per diem authorized under this section is 150 \npercent of the rate described in clause (i).''.\n\nSEC. 3. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO \n DEPENDENTS OF CERTAIN HOMELESS VETERANS.\n\n Subsection (a) of section 2012 of title 38, United States Code, is \namended by adding at the end the following new paragraph:\n ``(4) Services for which a recipient of a grant under section 2011 \nof this title (or an entity described in paragraph (1)) may receive per \ndiem payments under this subsection may include furnishing care for a \ndependent of a homeless veteran who is under the care of such homeless \nveteran while such homeless veteran receives services from the grant \nrecipient (or entity).''.\n\nSEC. 4. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL \n SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF \n HOMELESSNESS.\n\n (a) In General.--Chapter 20 of title 38, United States Code, is \namended by inserting after section 2022 the following new section:\n``Sec. 2022A. Partnerships with public and private entities to provide \n legal services to homeless veterans and veterans at risk \n of homelessness\n ``(a) Partnerships Authorized.--Subject to the availability of \nfunds for that purpose, the Secretary may enter into partnerships with \npublic or private entities to fund a portion of the general legal \nservices specified in subsection (c) that are provided by such entities \nto homeless veterans and veterans at risk of homelessness.\n ``(b) Locations.--The Secretary shall ensure that, to the extent \npracticable, partnerships under this section are made with entities \nequitably distributed across the geographic regions of the United \nStates, including rural communities and tribal lands.\n ``(c) Legal Services.--Legal services specified in this subsection \ninclude legal services provided by public or private entities that \naddress the needs of homeless veterans and veterans at risk of \nhomelessness as follows:\n ``(1) Legal services related to housing, including eviction \n defense and representation in landlord-tenant cases.\n ``(2) Legal services related to family law, including \n assistance in court proceedings for child support, divorce, and \n estate planning.\n ``(3) Legal services related to income support, including \n assistance in obtaining public benefits.\n ``(4) Legal services related to criminal defense, including \n defense in matters symptomatic of homelessness, such as \n outstanding warrants, fines, and driver's license revocation, \n to reduce recidivism and facilitate the overcoming of reentry \n obstacles in employment or housing.\n ``(d) Consultation.--In developing and carrying out partnerships \nunder this section, the Secretary shall, to the extent practicable, \nconsult with public and private entities--\n ``(1) for assistance in identifying and contacting \n organizations described in subsection (c); and\n ``(2) to coordinate appropriate outreach relationships with \n such organizations.\n ``(e) Reports.--The Secretary may require entities that have \nentered into partnerships under this section to submit to the Secretary \nperiodic reports on legal services provided to homeless veterans and \nveterans at risk of homelessness pursuant to such partnerships.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 20 of such title is amended by adding after the item relating \nto section 2022 the following new item:\n\n``2022A. Partnerships with public and private entities to provide legal \n services to homeless veterans and veterans \n at risk of homelessness.''.\n\nSEC. 5. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO \n PROVIDE DENTAL CARE TO HOMELESS VETERANS.\n\n Subsection (b) of section 2062 of title 38, United States Code, is \namended to read as follows:\n ``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran \nwho--\n ``(A) is enrolled for care under section 1705(a) of this \n title; and\n ``(B) for a period of 60 consecutive days, is receiving--\n ``(i) assistance under section 8(o) of the United \n States Housing Act of 1937 (42 U.S.C. 1437f(o)); or\n ``(ii) care (directly or by contract) in any of the \n following settings:\n ``(I) A domiciliary under section 1710 of \n this title.\n ``(II) A therapeutic residence under \n section 2032 of this title.\n ``(III) Community residential care \n coordinated by the Secretary under section 1730 \n of this title.\n ``(IV) A setting for which the Secretary \n provides funds for a grant and per diem \n provider.\n ``(2) For purposes of paragraph (1), in determining whether a \nveteran has received assistance or care for a period of 60 consecutive \ndays, the Secretary may disregard breaks in the continuity of \nassistance or care for which the veteran is not responsible.''.\n\nSEC. 6. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL \n AND COUNSELING SERVICES FOR VETERANS AT RISK FOR \n HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN \n INSTITUTIONS.\n\n Section 2023 of title 38, United States Code, is amended--\n (1) by striking subsection (d); and\n (2) by redesignating subsection (e) as subsection (d).\n\nSEC. 7. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE \n SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN \n PERMANENT HOUSING.\n\n (a) In General.--Paragraph (1) of section 2044(e) of title 38, \nUnited States Code, is amended by adding at the end the following new \nsubparagraph (F):\n ``(F) $500,000,000 for fiscal year 2016.''.\n (b) Training Entities for Provision of Supportive Services.--\nParagraph (3) of such section is amended by inserting ``and 2015'' \nafter ``through 2012''.\n\nSEC. 8. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS \n COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS.\n\n (a) In General.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall assess \nand measure the capacity of programs for which entities receive grants \nunder section 2011 of title 38, United States Code, or per diem \npayments under section 2012 or 2061 of such title.\n (b) Assessment at National and Local Levels.--In assessing and \nmeasuring under subsection (a), the Secretary shall develop and use \ntools to examine the capacity of programs described in such subsection \nat both the national and local level in order to assess the following:\n (1) Whether sufficient capacity exists to meet the needs of \n homeless veterans in each geographic area.\n (2) Whether existing capacity meets the needs of the \n subpopulations of homeless veterans located in each geographic \n area.\n (3) The amount of capacity that recipients of grants under \n sections 2011 and 2061 and per diem payments under section 2012 \n of such title have to provide services for which the recipients \n are eligible to receive per diem under section \n 2012(a)(2)(B)(ii) of title 38, United States Code, as added by \n section 3(5)(B).\n (c) Use of Information.--The Secretary shall use the information \ncollected under this section as follows:\n (1) To set specific goals to ensure that programs described \n in subsection (a) are effectively serving the needs of homeless \n veterans.\n (2) To assess whether programs described in subsection (a) \n are meeting goals set under paragraph (1).\n (3) To inform funding allocations for programs described in \n subsection (a).\n (4) To improve the referral of homeless veterans to \n programs described in subsection (a).\n (d) Report.--Not later than 180 days after the date on which the \nassessment required by subsection (b) is completed, the Secretary shall \nsubmit to the Committee on Veterans' Affairs of the Senate and the \nCommittee on Veterans' Affairs of the House of Representatives a report \non such assessment and such recommendations for legislative and \nadministrative action as the Secretary may have to improve the programs \nand per diem payments described in subsection (a).\n\nSEC. 9. REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF \n VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS.\n\n (a) In General.--Not later than 270 days after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall complete a study of programs of the Department of Veterans \nAffairs that provide assistance to homeless veterans.\n (b) Elements.--The study required by subsection (a) shall include \nthe following:\n (1) An assessment of whether programs described in \n subsection (a) are meeting the needs of veterans who are \n eligible for assistance provided by such programs.\n (2) A review of recent efforts of the Secretary of Veterans \n Affairs to improve the privacy, safety, and security of female \n veterans receiving assistance from such programs.\n\nSEC. 10. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO \n HOMELESS VETERANS.\n\n (a) In General.--Section 2065 of title 38, United States Code, is \nhereby repealed.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 20 of such title is amended by striking the item relating to \nsection 2065.","summary":"Homeless Veterans Prevention Act of 2015 Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150 of the per diem rate authorized for veterans receiving domiciliary care in state homes. Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Authorizes the the Department of Veterans Affairs (VA) to enter into partnerships with public or private entities to provide legal services to homeless veterans and veterans at risk of homelessness. Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937. Repeals the September 30, 2013, sunset on the authority of the VA and the Department of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Extends supportive services assistance for very low-income veteran families in permanent housing. Directs the VA to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Requires a VA report on activities under such programs. Requires a Comptroller General study of VA assistance to homeless veterans. Repeals the requirement for annual VA reports on assistance to homeless veterans.","title":"Homeless Veterans Prevention Act of 2015","text_len":11860,"sum_len":1709} {"bill_id":"103_s1629","text":"-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.\n\n -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-L-u-p-u-s \n-R-e-s-e-a-r-c-h -A-m-e-n-d-m-e-n-t-s -o-f -1-9-9-3-'-'-.\n\n-S-E-C-. -2-. -F-I-N-D-I-N-G-S-.\n\n -T-h-e -C-o-n-g-r-e-s-s -f-i-n-d-s -t-h-a-t---\n -(-1-) -l-u-p-u-s -i-s -a -s-e-r-i-o-u-s-, -c-o-m-p-l-e-x-, \n -i-n-f-l-a-m-m-a-t-o-r-y-, -a-u-t-o-i-m-m-u-n-e -d-i-s-e-a-s-e \n -o-f -p-a-r-t-i-c-u-l-a-r -c-o-n-c-e-r-n -t-o -w-o-m-e-n-;\n -(-2-) -l-u-p-u-s -a-f-f-e-c-t-s -w-o-m-e-n -9 -t-i-m-e-s \n -m-o-r-e -o-f-t-e-n -t-h-a-n -m-e-n-;\n -(-3-) -t-h-e-r-e -a-r-e -3 -m-a-i-n -t-y-p-e-s -o-f \n -l-u-p-u-s-: -s-y-s-t-e-m-i-c -l-u-p-u-s-, -a -s-e-r-i-o-u-s \n -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t -a-f-f-e-c-t-s \n -m-a-n-y -p-a-r-t-s -o-f -t-h-e -b-o-d-y-; -d-i-s-c-o-i-d \n -l-u-p-u-s-, -a -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t \n -a-f-f-e-c-t-s -m-a-i-n-l-y -t-h-e -s-k-i-n-; -a-n-d -d-r-u-g--\n -i-n-d-u-c-e-d -l-u-p-u-s -c-a-u-s-e-d -b-y -c-e-r-t-a-i-n \n -m-e-d-i-c-a-t-i-o-n-s-;\n -(-4-) -l-u-p-u-s -c-a-n -b-e -f-a-t-a-l -i-f -n-o-t \n -d-e-t-e-c-t-e-d -a-n-d -t-r-e-a-t-e-d -e-a-r-l-y-;\n -(-5-) -t-h-e -d-i-s-e-a-s-e -c-a-n \n -s-i-m-u-l-t-a-n-e-o-u-s-l-y -a-f-f-e-c-t -v-a-r-i-o-u-s \n -a-r-e-a-s -o-f -t-h-e -b-o-d-y-, -s-u-c-h -a-s -t-h-e \n -s-k-i-n-, -j-o-i-n-t-s-, -k-i-d-n-e-y-s-, -a-n-d -b-r-a-i-n-, \n -a-n-d -c-a-n -b-e -d-i-f-f-i-c-u-l-t -t-o -d-i-a-g-n-o-s-e \n -b-e-c-a-u-s-e -t-h-e -s-y-m-p-t-o-m-s -o-f -l-u-p-u-s -a-r-e \n -s-i-m-i-l-a-r -t-o -t-h-o-s-e -o-f -m-a-n-y -o-t-h-e-r \n -d-i-s-e-a-s-e-s-;\n -(-6-) -l-u-p-u-s -d-i-s-p-r-o-p-o-r-t-i-o-n-a-t-e-l-y \n -a-f-f-e-c-t-s -A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -w-o-m-e-n-, \n -a-s -t-h-e -p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e \n -a-m-o-n-g -s-u-c-h -w-o-m-e-n -i-s -3 -t-i-m-e-s -t-h-e \n -p-r-e-v-a-l-e-n-c-e -a-m-o-n-g -w-h-i-t-e -w-o-m-e-n-, -a-n-d \n -a-n -e-s-t-i-m-a-t-e-d -1 -i-n -2-5-0 -A-f-r-i-c-a-n--\n -A-m-e-r-i-c-a-n -w-o-m-e-n -b-e-t-w-e-e-n -t-h-e -a-g-e-s -o-f \n -1-5 -a-n-d -6-5 -d-e-v-e-l-o-p-s -t-h-e -d-i-s-e-a-s-e-;\n -(-7-) -i-t -h-a-s -b-e-e-n -e-s-t-i-m-a-t-e-d -t-h-a-t \n -o-v-e-r -5-0-0-,-0-0-0 -A-m-e-r-i-c-a-n-s -h-a-v-e -b-e-e-n \n -d-i-a-g-n-o-s-e-d -w-i-t-h -t-h-e -d-i-s-e-a-s-e-, -a-n-d \n -t-h-a-t -m-a-n-y -m-o-r-e -h-a-v-e -u-n-d-i-a-g-n-o-s-e-d \n -c-a-s-e-s-;\n -(-8-) -c-u-r-r-e-n-t -t-r-e-a-t-m-e-n-t-s -f-o-r -t-h-e \n -d-i-s-e-a-s-e -c-a-n -b-e -e-f-f-e-c-t-i-v-e-, -b-u-t -m-a-y \n -l-e-a-d -t-o -d-a-m-a-g-i-n-g -s-i-d-e -e-f-f-e-c-t-s-; -a-n-d\n -(-9-) -m-a-n-y -v-i-c-t-i-m-s -o-f -t-h-e -d-i-s-e-a-s-e \n -s-u-f-f-e-r -d-e-b-i-l-i-t-a-t-i-n-g -p-a-i-n -a-n-d \n -f-a-t-i-g-u-e-, -m-a-k-i-n-g -i-t -d-i-f-f-i-c-u-l-t -t-o \n -m-a-i-n-t-a-i-n -e-m-p-l-o-y-m-e-n-t -a-n-d -l-e-a-d \n -n-o-r-m-a-l -l-i-v-e-s-.\n\n-S-E-C-. -3-. -E-X-P-A-N-S-I-O-N -A-N-D -I-N-T-E-N-S-I-F-I-C-A-T-I-O-N \n -O-F -A-C-T-I-V-I-T-I-E-S -R-E-G-A-R-D-I-N-G -L-U-P-U-S-.\n\n -S-u-b-p-a-r-t -4 -o-f -p-a-r-t -C -o-f -t-i-t-l-e -I-V -o-f -t-h-e \n-P-u-b-l-i-c -H-e-a-l-t-h -S-e-r-v-i-c-e -A-c-t -(-4-2 -U-.-S-.-C-. \n-2-8-5-d -e-t -s-e-q-.-) -i-s -a-m-e-n-d-e-d -b-y -i-n-s-e-r-t-i-n-g \n-a-f-t-e-r -s-e-c-t-i-o-n -4-4-1 -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w \n-s-e-c-t-i-o-n-:\n\n -`-`-l-u-p-u-s\n\n -`-`-S-e-c-. -4-4-1-A-. -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e \n-D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -e-x-p-a-n-d \n-a-n-d -i-n-t-e-n-s-i-f-y -r-e-s-e-a-r-c-h -a-n-d -r-e-l-a-t-e-d \n-a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -I-n-s-t-i-t-u-t-e -w-i-t-h \n-r-e-s-p-e-c-t -t-o -l-u-p-u-s-.\n -`-`-(-b-) -C-o-o-r-d-i-n-a-t-i-o-n -W-i-t-h -O-t-h-e-r \n-I-n-s-t-i-t-u-t-e-s-.----T-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e \n-I-n-s-t-i-t-u-t-e -s-h-a-l-l -c-o-o-r-d-i-n-a-t-e -t-h-e \n-a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -D-i-r-e-c-t-o-r -u-n-d-e-r \n-s-u-b-s-e-c-t-i-o-n -(-a-) -w-i-t-h -s-i-m-i-l-a-r \n-a-c-t-i-v-i-t-i-e-s -c-o-n-d-u-c-t-e-d -b-y -t-h-e -o-t-h-e-r \n-n-a-t-i-o-n-a-l -r-e-s-e-a-r-c-h -i-n-s-t-i-t-u-t-e-s -a-n-d \n-a-g-e-n-c-i-e-s -o-f -t-h-e -N-a-t-i-o-n-a-l -I-n-s-t-i-t-u-t-e-s -o-f \n-H-e-a-l-t-h -t-o -t-h-e -e-x-t-e-n-t -t-h-a-t -s-u-c-h \n-I-n-s-t-i-t-u-t-e-s -a-n-d -a-g-e-n-c-i-e-s -h-a-v-e \n-r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -t-h-a-t -a-r-e -r-e-l-a-t-e-d -t-o \n-l-u-p-u-s-.\n -`-`-(-c-) -P-r-o-g-r-a-m-s -f-o-r -L-u-p-u-s-.----I-n \n-c-a-r-r-y-i-n-g -o-u-t -s-u-b-s-e-c-t-i-o-n -(-a-)-, -t-h-e \n-D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l \n-c-o-n-d-u-c-t -o-r -s-u-p-p-o-r-t -r-e-s-e-a-r-c-h -t-o -e-x-p-a-n-d \n-t-h-e -u-n-d-e-r-s-t-a-n-d-i-n-g -o-f -t-h-e -c-a-u-s-e-s -o-f-, \n-a-n-d -t-o -f-i-n-d -a -c-u-r-e -f-o-r-, -l-u-p-u-s-. \n-A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n \n-s-h-a-l-l -i-n-c-l-u-d-e -r-e-s-e-a-r-c-h -t-o -d-e-t-e-r-m-i-n-e \n-t-h-e -r-e-a-s-o-n-s -u-n-d-e-r-l-y-i-n-g -t-h-e -e-l-e-v-a-t-e-d \n-p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e -a-m-o-n-g \n-A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -a-n-d -o-t-h-e-r -w-o-m-e-n-. \n-A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n \n-s-h-a-l-l -p-r-o-v-i-d-e -f-o-r -a-n -e-x-p-a-n-s-i-o-n -a-n-d \n-i-n-t-e-n-s-i-f-i-c-a-t-i-o-n -o-f -t-h-e -c-o-n-d-u-c-t -a-n-d \n-s-u-p-p-o-r-t -o-f---\n -`-`-(-1-) -b-a-s-i-c -r-e-s-e-a-r-c-h -c-o-n-c-e-r-n-i-n-g \n -t-h-e -e-t-i-o-l-o-g-y -a-n-d -c-a-u-s-e-s -o-f -l-u-p-u-s-;\n -`-`-(-2-) -e-p-i-d-e-m-i-o-l-o-g-i-c-a-l -s-t-u-d-i-e-s \n -t-o -a-d-d-r-e-s-s -t-h-e -f-r-e-q-u-e-n-c-y -a-n-d \n -n-a-t-u-r-a-l -h-i-s-t-o-r-y -o-f -t-h-e -d-i-s-e-a-s-e -a-n-d \n -t-h-e -d-i-f-f-e-r-e-n-c-e-s -a-m-o-n-g -t-h-e -s-e-x-e-s \n -a-n-d -a-m-o-n-g -r-a-c-i-a-l -a-n-d -e-t-h-n-i-c -g-r-o-u-p-s \n -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e -d-i-s-e-a-s-e-;\n -`-`-(-3-) -t-h-e -d-e-v-e-l-o-p-m-e-n-t -o-f \n -i-m-p-r-o-v-e-d -s-c-r-e-e-n-i-n-g -t-e-c-h-n-i-q-u-e-s-;\n -`-`-(-4-) -c-l-i-n-i-c-a-l -r-e-s-e-a-r-c-h -f-o-r -t-h-e \n -d-e-v-e-l-o-p-m-e-n-t -a-n-d -e-v-a-l-u-a-t-i-o-n -o-f -n-e-w \n -t-r-e-a-t-m-e-n-t-s-, -i-n-c-l-u-d-i-n-g -n-e-w \n -b-i-o-l-o-g-i-c-a-l -a-g-e-n-t-s-; -a-n-d\n -`-`-(-5-) -i-n-f-o-r-m-a-t-i-o-n -a-n-d -e-d-u-c-a-t-i-o-n \n -p-r-o-g-r-a-m-s -f-o-r -h-e-a-l-t-h -c-a-r-e \n -p-r-o-f-e-s-s-i-o-n-a-l-s -a-n-d -t-h-e -p-u-b-l-i-c-.\n -`-`-(-d-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f \n-A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----F-o-r -t-h-e -p-u-r-p-o-s-e -o-f \n-c-a-r-r-y-i-n-g -o-u-t -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e-r-e -a-r-e \n-a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d \n-$-2-0-,-0-0-0-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-, -a-n-d \n-s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -e-a-c-h \n-o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4 -t-h-r-o-u-g-h -1-9-9-6-. \n-T-h-e -a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s \n-e-s-t-a-b-l-i-s-h-e-d -i-n -t-h-e -p-r-e-c-e-d-i-n-g -s-e-n-t-e-n-c-e \n-i-s -i-n -a-d-d-i-t-i-o-n -t-o -a-n-y -o-t-h-e-r \n-a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s -t-h-a-t \n-i-s -a-v-a-i-l-a-b-l-e -f-o-r -s-u-c-h -p-u-r-p-o-s-e-.-'-'-.\n\nSECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lupus Research Amendments of 1994''.\n\nSEC. 2. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING LUPUS.\n\n Subpart 4 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285d et seq.) is amended by inserting after section 441 the \nfollowing new section:\n\n ``lupus\n\n ``Sec. 441A. (a) In General.--The Director of the Institute shall \nconduct lupus research and related activities.\n ``(b) Coordination With Other Institutes.--The Director of the \nInstitute shall coordinate the activities of the Director under \nsubsection (a) with similar activities conducted by the other national \nresearch institutes and agencies of the National Institutes of Health \nto the extent that such Institutes and agencies have responsibilities \nthat are related to lupus.\n ``(c) Programs for Lupus.--In carrying out subsection (a), the \nDirector of the Institute shall conduct or support research to expand \nthe understanding of the causes of, and to find a cure for, lupus. \nActivities under such subsection shall provide for the conduct and \nsupport of--\n ``(1) research to determine the reasons for the elevated \n prevalence of the disease in women, including African American \n women;\n ``(2) basic research concerning the etiology and causes of \n lupus;\n ``(3) epidemiological studies to address the frequency and \n natural history of the disease and the differences among the \n sexes and among racial and ethnic groups with respect to the \n disease;\n ``(4) the development of improved diagnostic techniques;\n ``(5) clinical research for the development and evaluation \n of new treatments, including new biological agents;\n ``(6) information and education programs for health care \n professionals and the public; and\n ``(7) other relevant activities.''.","summary":"Lupus Research Amendments of 1994 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to conduct lupus research and related activities. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health. And (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women.","title":"Lupus Research Amendments of 1994","text_len":9359,"sum_len":650} {"bill_id":"107_hr4803","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Right of Passage Community Service \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) The teenage years are a pivotal time of life, when \n young people are making choices that will effect them for the \n rest of their lives.\n (2) How young people spend their time during their teenage \n years may set them on a course of active citizenship and \n engaged learning, or down a path of risky behavior with the \n likelihood of failure.\n (3) Research suggests that when young people see that they \n are able to improve the lives of others they feel that they are \n able to control and improve their own lives.\n (4) If properly trained, organized, and supervised, \n teenagers are a resource that can make a significant \n contribution to their communities.\n (5) Opportunities for volunteer service during the teenage \n years could become a right of passage for future generations.\n (6) The National Academy of Sciences Report on Youth \n Development concluded that ``the future well-being of the \n country depends on raising generations of skilled, competent, \n and responsible adults''.\n (b) Purpose.--It is the purpose of this Act to--\n (1) create a national network of service programs for \n middle school students to serve in their communities after \n school and during the summer;\n (2) provide students with opportunities to serve in their \n communities and participate in other programs such as workshops \n in leadership development, public speaking, conflict \n resolution, team-building, and other character-building \n programs;\n (3) provide young people an experience that reinforces \n their connection to the community, enriches their education, \n and strengthens their personal and civic values; and\n (4) instill an ethic of service in young people which will \n stay with them throughout their lives.\n\nSEC. 3. RIGHT OF PASSAGE COMMUNITY SERVICE PROGRAM.\n\n (a) Establishment.--Section 122(a) of the National and Community \nService Act of 1990 (42 U.S.C. 12572(a)) is amended--\n (1) by redesignating paragraph (15) as paragraph (16); and\n (2) by inserting after paragraph (14) the following:\n ``(15) A community-based Right of Passage after school and \n summer service corps program that offers young people--\n ``(A) the opportunity to perform service in their \n communities;\n ``(B) the opportunity to participate in activities \n that would provide training in leadership development, \n public speaking, conflict resolution, team building, \n and other critical skills;\n ``(C) service-learning curricula linked to academic \n goals; and\n ``(D) the opportunity to work with older AmeriCorps \n members who can organize service projects and act as \n mentors.''.\n (b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is \namended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by inserting after subsection (b) the following:\n ``(c) Special Rules for Right of Passage Program.--An individual \nshall be considered to be a participant in a Right of Passage \ncommunity-based after school or summer service corps program described \nin section 122(a)(15) (42 U.S.C. 12591) that is carried out with \nassistance provided under section 121(a) (42 U.S.C. 12571) if the \nindividual--\n ``(1) satisfies the requirements of paragraphs (1), (2), \n and (6) of subsection (a); and\n ``(2) is between the ages of 12 and 16, inclusive at the \n time the individual begins the term of service.''.\n (c) Terms of Service.--Section 139(b) of such Act (42 U.S.C. \n12593(b)) is amended by adding at the end the following:\n ``(4) Special rule for right of passage program.--An \n individual participating in a Right of Passage community-based \n after school or summer service corps program described in \n section 122(a)(15) shall agree to participate in the program \n for not less than 160 hours during a period of not less than 2 \n months and not more than 1 year.''.\n (d) National Service Educational Award.--\n (1) Special rule for right of passage program.--Section 141 \n of such Act (42 U.S.C. 12595) is amended by adding at the end \n the following:\n ``(c) Special Rule for Right of Passage Program.--An individual \nparticipating in a Right of Passage community-based after school or \nsummer service corps program described in section 122(a)(15), upon \ncompletion of the required 160 hours of service shall receive an \neducation award of $500.''.\n (2) Eligible individuals.--Section 146 is amended--\n (A) in subsection (a)(2) by striking ``or a program \n described in section 122(a)(9);'' and inserting ``, a \n program described in section 122(a)(9), or a program \n described in section 122(a)(15);''; and\n (B) in subsection (d)(2)--\n (i) in subparagraph (A), by striking \n ``or'';\n (ii) in subparagraph (B), by striking \n ``period.'' and inserting ``period; or''; and\n (iii) by adding at the end the following:\n ``(C) participated in a program described in \n section 12572(a)(15).''.\n\nSEC. 4. REPORT.\n\n Not later than 3 years after the date of enactment of this Act, the \nCorporation shall transmit to the Congress a report and evaluation of \nthe program authorized by this Act.","summary":"Right of Passage Community Service Act - Amends the National and Community Service Act of 1990 to add to the list of national service programs eligible for Federal assistance a community-based Right of Passage after school and summer service corps program. Establishes qualifications for participating students, including that they be between ages 12 and 16 at the time they begin serving. Specifies skills such as leadership and conflict resolution that the program will help students develop. Requires participants to spend at least 160 hours in the program during a period of between two months and one year. Rewards participants upon service completion with a national service education award of $500.","title":"To amend the National and Community Service Act of 1990 to create the Right of Passage Community Service Program.","text_len":6069,"sum_len":705} {"bill_id":"106_hr4644","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Credit Reporting Act Amendments \nof 2000''.\n\nSEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER.\n\n Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is \namended--\n (1) by redesignating subsections (c) and (d) as subsections \n (d) and (e), respectively; and\n (2) by inserting after subsection (b) the following new \n subsection:\n ``(c) Free Credit Report Annually Upon Request of Consumer.--Upon \nthe request of any consumer, each consumer reporting agency shall make \nall disclosures pursuant to section 609 without charge to such consumer \nat least once each calendar year.''.\n (b) Technical and Conforming Amendment.--Section 612(a)(1) of the \nFair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by \nstriking ``(c), and (d)'' and inserting ``(c), (d), and (e)''.\n\nSEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE.\n\n Section 609(c)(9)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. \n1681(c)(1)(B)) is amended by inserting ``and information sufficient to \nallow the consumer to contact the agency, or request a consumer report \nrelating to the consumer from the agency, through the Internet or the \nWorld Wide Web'' before the period at the end.\n\nSEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES.\n\n Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. \n1681g(a)(1)) is amended to read as follows:\n ``(1) All information in the consumer's file at the time of \n the request, including any information concerning credit scores \n or any other risk scores or predictors relating to the \n consumer, together with--\n ``(A) a clear and concise summary of how the scores \n and predictors are derived;\n ``(B) the factors taken into account in deriving a \n score or predictor;\n ``(C) how such factors are applied to the consumer;\n ``(D) the relative weight given to each factor; and\n ``(E) the manner and extent to which such factors \n raise or lower the score or predictor.''\n\nSEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN \n CIRCUMSTANCES.\n\n Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. \n1681c(a)) is amended by adding at the end the following new paragraph:\n ``(6) Notwithstanding paragraph (4), any account placed for \n collection or charged to profit and loss in which the amount \n placed to collection or charged to profit and loss did not \n exceed $100 and which antedates the report by more than 3 \n years, if--\n ``(A) the consumer to whom the report relates \n completed a credit and financial management class \n during such 3-year period; and\n ``(B) the consumer has not previously had an \n account excluded from paragraph (4) by virtue of this \n paragraph.''.\n\nSEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE, \n INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION.\n\n (A) Review and Monitoring Required.--The Board of Governors of the \nFederal Reserve System and the Federal Trade Commission shall each \nreview and monitor the extent to which, and the manner in which, \nconsumer reporting agencies and furnishers of consumer information to \nconsumer reporting agencies are complying with the procedures, time \nlines, and requirements under the Fair Credit Reporting Act for the \nprompt investigation of the disputed accuracy of any consumer \ninformation and the prompt correction or deletion, in accordance with \nsuch Act, of any inaccurate or incomplete information or information \nthat cannot be verified.\n (b) Report Required.--Before the end of the 6-month period \nbeginning on the date of the enactment of this Act, the Board of \nGovernors of the Federal Reserve System and the Federal Trade \nCommission shall each submit a progress report to the Congress on the \nresults of the review required under subsection (a).\n (c) Recommendations.--The report under subsection (b) shall include \nsuch recommendations as the Board and the Commission determine to be \nappropriate for legislative or administrative action to ensure that--\n (1) consumer disputes with consumer reporting agencies over \n the accuracy or completeness of information in a consumer's \n file are promptly and fully investigated and any incorrect, \n incomplete, or unverifiable information is immediately \n corrected or deleted;\n (2) furnishers of information to consumer reporting \n agencies maintain full and prompt compliance with the duties \n and responsibilities established under section 623 of the Fair \n Credit Reporting Act; and\n (3) consumer reporting agencies establish and maintain \n appropriate internal controls and management review procedures \n for maintaining full and continuous compliance with the \n procedures, time lines, and requirements under the Fair Credit \n Reporting Act for the prompt investigation of the disputed \n accuracy of any consumer information and the prompt correction \n or deletion, in accordance with such Act, of any inaccurate or \n incomplete information or information that cannot be verified.\n (d) Definitions.--For purposes of this section, the terms \n``consumer'', ``consumer report'', and ``consumer reporting agency'' \nhave the same meaning as in the Fair Credit Reporting Act.\n\nSEC. 7. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect at the end of the \n90-day period beginning on the date of the enactment of this Act.","summary":"Prohibits the inclusion of certain small debts in a consumer report under specified circumstances. Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified, and (2) present a progress report to Congress.","title":"Fair Credit Reporting Act Amendments of 2000","text_len":5864,"sum_len":548} {"bill_id":"106_hr5035","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Immigration \nServices Consumer Protection Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Criminal penalty for immigration consultants not meeting \n requirements.\nSec. 4. Exception for attorneys, representatives of recognized \n organizations, and others; recognition and \n accreditation of representatives.\nSec. 5. Education through community outreach programs.\nSec. 6. Non-preemption of more protective State laws.\nSec. 7. Confidentiality of information.\nSec. 8. Effective date.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Attorney.--The term ``attorney'' means a person \n licensed and authorized to practice law in the area in which \n the person is acting as an immigration consultant.\n (2) Compensation.--The term ``compensation'' means money, \n property, promise of payment, or anything of value, provided \n directly or indirectly.\n (3) Immigration consultant.--The term ``immigration \n consultant'' means any person that provides assistance or \n advice on an immigration matter, including--\n (A) completing a form provided by a Federal or \n State agency;\n (B) translating a person's answer to questions \n asked on such a form;\n (C) securing for a person supporting documents \n (such as birth and marriage certificates) which may be \n necessary to complete those forms;\n (D) submitting completed forms, on a client's \n behalf and at the client's request, to the Immigration \n and Naturalization Service;\n (E) making referrals to attorneys to represent the \n client in the matter; or\n (F) preparing or arranging for the preparation of \n photograph or fingerprint in connection with the \n matter.\n (4) Immigration matter.--the term ``immigration matter'' \n means any proceeding, filing, or action affecting the \n immigration or citizenship status of any person which arises \n under any immigration or naturalization law, Executive order, \n or Presidential proclamation, or action of the Immigration and \n Naturalization Service, the Department of State, or the \n Department of Labor.\n\nSEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING \n REQUIREMENTS.\n\n (a) In General.--Except as provided in section 4, any person who \nacts as an immigration consultant with respect to an immigration matter \nfor any client for compensation and who knowingly fails to meet a \nrequirement of subsection (b) shall be fined under title 18, United \nStates Code, imprisoned not more than 5 years, or both.\n (b) Requirements.--The requirements of this subsection for a person \nacting as an immigration consultant in an immigration matter for a \nclient are as follows:\n (1) Consultant license required.--The person shall have a \n license as an immigration consultant issued by the Immigration \n and Naturalization Service after the person has made an \n application that meets such requirements as the Attorney \n General may impose.\n (2) Written contract.--The person shall not act as an \n immigration consultant in the immigration matter on behalf of \n the client unless the person has entered into a written \n agreement with the client that meets the following \n requirements:\n (A) The agreement includes a description of--\n (i) the services to be performed by the \n person under the agreement, and\n (ii) the amounts to be paid by the client.\n (B) The agreement includes a statement, printed on \n the face of the contract in boldface type no smaller \n than 10 point, that the person is not an attorney and \n may not perform legal services.\n (C) The agreement includes a conspicuous statement \n (in both English and the other principal language of \n the client, if it is not English) that the client has \n the right to rescind the agreement within 72 hours of \n the time it is executed.\n (D) The agreement shall not include--\n (i) any guarantee or promise with respect \n to the disposition of the Immigration and \n Naturalization Service and the Attorney General \n on the matter; or\n (ii) any statement that the person can or \n will obtain special favors from or has special \n influence with the Service or the Attorney \n General on the matter.\n (3) Office notice.--The person shall conspicuously display \n in any office in which the person meets with clients a notice, \n not smaller than 12 inches by 20 inches and in boldface print \nno smaller one inch in height, that includes the following information:\n (A) A copy of the license issued under paragraph \n (1), including the full name, address, and license \n number of the person.\n (B) A statement that the person is not an attorney.\n (4) Notice of change of address.--The person shall notify \n the Immigration and Naturalization Service within 30 days of \n any change of name, address, or telephone number.\n (5) Delivery of documents.--The person shall deliver to the \n client a copy of each document or form completed on the \n client's behalf.\n (6) Returning documents to client.--The person shall, upon \n request of the client, return to the client any original \n documents of the client in the possession of the person that \n were delivered to the person in order to provide services for \n the client.\n\nSEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED \n ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION \n OF REPRESENTATIVES.\n\n (a) In General.--Section 3(a) shall not apply to the following:\n (1) Attorneys.--An attorney.\n (2) Law students and law graduates not yet admitted to the \n bar.--A law student who is enrolled in an accredited law \n school, or a law graduate who is not yet admitted to the bar, \n where the following conditions are satisfied:\n (A) Request.--The student or graduate is appearing \n at the request of the person entitled to \n representation.\n (B) Statement of law student.--In the case of a law \n student, the student has filed a statement that the \n student is participating, under the direct supervision \n of a faculty member or an attorney, in a legal aid \n program or clinic conducted by a law school or non-\n profit organization, and that the student is appearing \n without direct or indirect remuneration from person \n represented.\n (C) Statement of law graduate.--In the case of a \n law graduate, the graduate has filed a statement that \n the graduate is appearing under the supervision of a \n licensed attorney or accredited representative and that \n the graduate is appearing without direct or indirect \n remuneration from the person represented.\n (D) Official permission.--The law student's or law \n graduate's appearance is permitted by the official or \n officials before whom the student or graduate wishes to \n appear. The official or officials may require that a \n law student be accompanied by the supervising faculty \n member or attorney.\n (3) Accredited representatives of recognized \n organizations.--An individual who is an accredited \n representative of an organization that is recognized under \n subsection (b).\n (4) Accredited officials.--An accredited official, in the \n United States, of the government to which an alien owes \n allegiance, if the official appears solely in an official \n capacity and with the alien's consent.\n (5) Grandfather.--A person, other than a representative of \n an organization described in subsection (b), who on December \n 23, 1952, was authorized to practice before the Board of \n Immigration Appeals and the Immigration and Naturalization \n Service.\n (b) Recognition of Qualified Organizations; Accreditation of \nRepresentatives.--\n (1) In general.--The Attorney General shall establish a \n process--\n (A) for the recognition of nonprofit religious, \n charitable, social service, or similar organization \n established in the United States; and\n (B) for the accreditation of representatives of a \n recognized organization to provide immigration \n services, including practicing before the Immigration \n and Naturalization Service and the Board of Immigration \n Appeals, on behalf of the organization.\n (2) Qualifications.--\n (A) Recognition.--An organization shall not be \n recognized under paragraph (1)(A) unless the \n organization establishes to the satisfaction of the \n Attorney General that it has at its disposal adequate \n knowledge, information and experience.\n (B) Accreditation of representatives.--A \n representative may not be accredited under paragraph \n(1)(B) unless the representative--\n (i) is of good moral character; and\n (ii) has sufficient experience and \n knowledge of immigration and naturalization law \n and procedure to adequately represent clients \n of the organization in immigration matters.\n (3) Application process.--The Attorney General shall \n establish an application process for the recognition of \n organizations and accreditation of representatives of such \n organizations under this subsection. As a condition for \n continuing the recognition of an organization or accreditation \n of a representative, the Attorney General may require the \n periodic submission of such application or information as the \n Attorney General may specify.\n (4) Withdrawal of recognition or accreditation.--The \n Attorney General may withdraw recognition of any organization \n or accreditation of a representative if the organization or \n representative has failed to maintain the qualifications to be \n so recognized or accredited, under a process specified by the \n Attorney General.\n (5) Use of current standards.--To the extent practicable, \n the Attorney General shall carry out this subsection in a \n manner consistent with the recognition and accreditation \n process provided by the Board of Immigration Appeals under \n section 292.2 of title 8, Code of Federal Regulations, as in \n effect as of the date of the enactment of this Act.\n (c) Construction.--Nothing in section 3 shall be construed as \napplying to a person who does not receive direct or indirect \ncompensation for provision of services.\n\nSEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS.\n\n The Attorney General is authorized to provide grants to States in \norder to provide community outreach programs through State and local \ngovernment agencies to educate individuals who use immigration \nconsultants regarding the requirements of this Act.\n\nSEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS.\n\n The provisions of this Act supersede State laws only to the extent \nthe State laws prevent the application of section 3. States may impose \nrequirements that are in addition to the requirements established under \nthis Act.\n\nSEC. 7. CONFIDENTIALITY OF INFORMATION.\n\n (a) In General.--Except as provided in this section, neither the \nAttorney General, nor any other official or employee of the Department \nof Justice, or bureau or agency thereof, may use the information \nfurnished by any person (including an alien who is not lawfully present \nin the United States) specifically in relation to a violation of this \nAct for any purpose other than to carry out this Act (including \nprosecutions under section 3). If such information is furnished by an \nalien who is not lawfully present in the United States, such \ninformation shall not be used for the purpose of identifying and \nremoving the person from the United States or imposing other sanctions \nagainst the person, except if the information furnished is false or \nfraudulent.\n (b) Construction.--Nothing in this section shall be construed to \nlimit the use, or release, for immigration enforcement purposes or law \nenforcement purposes of information contained in files or records of \nthe Immigration and Naturalization Service, other than information \nfurnished under subsection (a) that is not available from any other \nsource.\n (c) Crime.--Whoever knowingly uses information in violation of this \nsection shall be fined not more than $10,000.\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act applies to actions taken as an immigration consultant on \nand after such date (not later than 2 years after the date of the \nenactment of this Act) as the Attorney General shall specify in \nregulations.","summary":"Authorizes the Attorney General to provide State grants to educate persons respecting the requirements of this Act. Provides for confidentiality of information provided under this Act, and fines for knowing violation of such confidentiality.","title":"Immigration Services Consumer Protection Act of 2000","text_len":14397,"sum_len":241} {"bill_id":"104_s1696","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Professional Sports Antitrust \nClarification Act of 1996''.\n\nSEC. 2. ACTIONS AUTHORIZED.\n\n (a) In General.--Notwithstanding any provision of the antitrust \nlaws, and subject to section 3 and subsection (b) of this section, a \nprofessional sports league or its member franchises may establish and \nenforce rules and procedures for the purpose of deciding whether a \nmember franchise may change its home territory.\n (b) Construction.--Nothing in this section shall be construed to \nexempt from the antitrust laws any conduct which would be unlawful \nunder any antitrust law if engaged in by a single entity.\n\nSEC. 3. REQUIREMENTS FOR ANTITRUST PROTECTION.\n\n (a) In General.--This Act applies to a professional sports league \nand its member franchises if such league--\n (1) establishes applicable rules and procedures to govern \n whether a member franchise may change its home territory that \n are available upon request to any interested party;\n (2) affords due process, including 180 days notice and an \n opportunity to be heard, to interested parties prior to \n deciding whether a member franchise may change its home \n territory; and\n (3) promotes comparable economic opportunities by sharing \n revenue among member franchises to account for disparities in \n revenue received or costs saved due to direct or indirect \n public benefits and subsidies, including publicly financed \n facilities, rent abatement, special tax treatment, favorable \n arrangements for parking, concessions, and other amenities, and \n other public benefits not generally available to businesses as \n a whole within the jurisdiction.\n (b) Rules and Procedures.--Rules and procedures established under \nsubsection (a)(1) shall require consideration of various factors to \nprotect the public interest, including--\n (1) the extent to which fan support for a member franchise \n has been demonstrated through attendance, ticket sales, and \n television ratings, during the period in which the member \n franchise played in its home territory;\n (2) the extent to which the member franchise has, directly \n or indirectly, received public financial support through \n publicly financed facilities, rent abatement, special tax \n treatment, favorable arrangements for parking, concessions, and \n other amenities, and any other public benefits not generally \n available to businesses as a whole within the jurisdiction, and \n the extent to which such support continues;\n (3) the effect that relocation would have on contracts, \n agreements, and understandings between the member franchise and \n public and private parties;\n (4) the extent of any net operating losses experienced by \n the member franchise in recent years and the extent to which \nthe member franchise bears responsibility for such losses; and\n (5) any bona fide offer to purchase the member franchise at \n fair market value, if such offer includes the continued \n location of such member franchise in its home territory.\n\nSEC. 4. JUDICIAL REVIEW.\n\n (a) Standard of Review.--The standard of judicial review shall be \nde novo in any action challenging the establishment and enforcement of \nrules and procedures for deciding whether a member franchise may change \nits home territory, except that the reviewing court shall give \ndeference to actions of the professional sports league regarding \ncompliance with paragraphs (1) and (3) of section 3(a).\n (b) Declaratory Actions.--A professional sports league or any \ninterested party may seek a declaratory judgment with respect to \nwhether paragraphs (1) and (3) of section 3(a) are adequately satisfied \nby the professional sports league for this Act to apply.\n (c) Limitation on Monetary Damages.--A judicial finding that a \nprofessional sports league did not comply with any provision of section \n3 shall result only in further proceedings by the professional sports \nleague and shall not result in liability under the antitrust laws or \nmonetary damages, if--\n (1) the professional sports league implemented a revenue \n sharing plan in a good faith attempt to comply with section \n 3(a)(3) prior to the specific dispute in issue; or\n (2) a prior declaratory judgment held that the revenue \n sharing plan of the professional sports league complied with \n section 3(a)(3).\n (d) Venue.--In any action challenging the establishment and \nenforcement of rules and procedures to decide whether a member \nfranchise may change its home territory, venue shall be proper only in \nthe United States District Court for the District of Columbia, except \nthat--\n (1) venue shall be proper only in the United States \n District Court for the Southern District of New York if the \n existing or proposed home territory of a member franchise is \n located within 100 miles of the United States District Court \n for the District of Columbia; and\n (2) venue shall be proper only in the United States \n District Court for the Northern District of Illinois if--\n (A) the existing home territory of a member \n franchise is located within 100 miles of the United \n States District Court for the District of Columbia or \n the Southern District of New York; and\n (B) the proposed home territory of the member \n franchise is located within 100 miles of the United \n States District Court for the District of Columbia or \n the Southern District of New York.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``antitrust laws''--\n (A) has the same meaning as in subsection (a) of \n the first section of the Clayton Act (15 U.S.C. 12(a)), \n except that such term includes section 5 of the Federal \n Trade Commission Act (15 U.S.C. 45) to the extent that \n such section relates to unfair methods of competition; \n and\n (B) includes any State law comparable to the laws \n referred to in subparagraph (A);\n (2) the terms ``professional sports team'', ``team'', \n ``member franchise'', and ``franchise'' mean any team of \n professional athletes that is a member of a professional sports \n league;\n (3) the terms ``professional sports league'' and ``league'' \n mean--\n (A) an association of 2 or more professional sports \n teams that governs the conduct of its members and \n regulates the contests and exhibitions in which such \n teams regularly engage;\n (B) whose decisions relating to franchise \n relocation would otherwise be subject to the antitrust \n laws; and\n (C) that has combined franchise revenues of more \n than $10,000,000 per year;\n (4) the term ``interested party'' means the member \n franchise at issue, local and State government officials, \n owners and operators of playing facilities, concessionaires, \n and others whose business relations would be directly and \n significantly affected by the franchise relocation at issue, \n and representatives of organized civic and fan groups; and\n (5) the term ``playing facility'' means the stadium, arena, \n or other venue in which professional sports teams regularly \n conduct their contests and exhibitions.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act applies to any action occurring on or after the date of \nenactment of this Act.","summary":"Professional Sports Antitrust Clarification Act of 1996 - Permits a professional sports league or its member franchises to establish and enforce rules and procedures for deciding whether a member franchise may change its home territory, notwithstanding the antitrust laws. Specifies requirements for antitrust protection, including that the league promote comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue or savings due to public benefits and subsidies. Requires such franchise relocation rules and procedures to provide for consideration of various factors to protect the public interest, including: (1) fan support, (2) the extent of public financial support received, (3) the effect on existing contracts, (4) the extent of any net operating losses. And (5) any bona fide offer to purchase the franchise and keep it in its home territory. Provides for judicial review in actions challenging establishment or enforcement of such rules and procedures.","title":"Professional Sports Antitrust Clarification Act of 1996","text_len":8038,"sum_len":1018} {"bill_id":"113_hr2318","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Facility Accountability Act \nof 2013''.\n\nSEC. 2. FEDERAL FACILITIES.\n\n (a) Application to Federal Government.--Section 120(a) of the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of \nAct''.\n (b) Application of Requirements to Federal Facilities.--Section \n120(a)(2) of the Comprehensive Environmental Response, Compensation, \nand Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended--\n (1) by striking ``preliminary assessments'' and inserting \n ``response actions'';\n (2) by inserting ``or'' after ``National Contingency \n Plan,'';\n (3) by striking ``, or applicable to remedial actions at \n such facilities''; and\n (4) by inserting ``or have been'' before ``owned or \n operated''.\n (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive \nEnvironmental Response, Compensation, and Liability Act of 1980 (42 \nU.S.C. 9620(a)(4)) is amended to read as follows:\n ``(4) Applicability of laws.--\n ``(A) In general.--Each department, agency, and \n instrumentality of the United States shall be subject \n to, and comply with, at facilities that are or have \n been owned or operated by any such department, agency, \n or instrumentality, State substantive and procedural \n requirements regarding response relating to hazardous \n substances or pollutants or contaminants, including \n State hazardous waste requirements, in the same manner \n and to the same extent as any nongovernmental entity.\n ``(B) Compliance.--\n ``(i) In general.--The United States hereby \n expressly waives any immunity otherwise \n applicable to the United States with respect to \n any State substantive or procedural requirement \n referred to in subparagraph (A).\n ``(ii) Injunctive relief.--Neither the \n United States, nor any agent, employee, nor \n officer thereof, shall be immune or exempt from \n any process or sanction of any State or Federal \n Court with respect to the enforcement of any \n injunctive relief under subparagraph (C)(ii).\n ``(iii) Civil penalties.--No agent, \n employee, or officer of the United States shall \n be personally liable for any civil penalty \n under any State substantive or procedural \n requirement referred to in subparagraph (A), or \n this Act, with respect to any act or omission \n within the scope of the official duties of the \n agent, employee, or officer.\n ``(C) Substantive and procedural requirements.--The \n State substantive and procedural requirements referred \n to in subparagraph (A) include--\n ``(i) administrative orders;\n ``(ii) injunctive relief;\n ``(iii) civil and administrative penalties \n and fines, regardless of whether such penalties \n or fines are punitive or coercive in nature or \n are imposed for isolated, intermittent, or \n continuing violations;\n ``(iv) reasonable service charges or \n oversight costs; and\n ``(v) laws or regulations requiring the \n imposition and maintenance of engineering or \n land use controls.\n ``(D) Reasonable service charges or oversight \n costs.--The reasonable service charges or oversight \n costs referred to in subparagraph (C) include fees or \n charges assessed in connection with--\n ``(i) the processing, issuance, renewal, or \n modification of permits;\n ``(ii) the review of plans, reports, \n studies, and other documents;\n ``(iii) attorney's fees;\n ``(iv) inspection and monitoring of \n facilities or vessels; and\n ``(v) any other nondiscriminatory charges \n that are assessed in connection with a State \n requirement regarding response relating to \n hazardous substances or pollutants or \n contaminants.''.\n\nSEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS.\n\n Section 115 of the Comprehensive Environmental Response, \nCompensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by \nadding at the end the following new sentence: ``If the President \ndelegates or assigns any duties or powers under this section to a \ndepartment, agency, or instrumentality of the United States other than \nthe Administrator, the Administrator may review, as the Administrator \ndetermines necessary or upon request of any State, actions taken, or \nregulations promulgated, pursuant to such delegation or assignment, for \npurposes of ensuring consistency with the guidelines, rules, \nregulations, or criteria established by the Administrator under this \ntitle.''.\n ","summary":"Federal Facility Accountability Act of 2013 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.","title":"Federal Facility Accountability Act of 2013","text_len":5850,"sum_len":1787} {"bill_id":"112_s508","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chimney Rock National Monument \nEstablishment Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) National monument.--The term ``national monument'' \n means the Chimney Rock National Monument established by section \n 3(a).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (3) State.--The term ``State'' means the State of Colorado.\n\nSEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.\n\n (a) Establishment.--There is established in the State the Chimney \nRock National Monument--\n (1) to preserve, protect, and restore the archeological, \n cultural, historic, geologic, hydrologic, natural, educational, \n and scenic resources of Chimney Rock and adjacent land; and\n (2) to provide for public interpretation and recreation \n consistent with the protection of the resources described in \n paragraph (1).\n (b) Boundaries.--\n (1) In general.--The national monument shall consist of \n approximately 4,726 acres of land and interests in land, as \n generally depicted on the map entitled ``Boundary Map, Chimney \n Rock National Monument'' and dated January 5, 2010.\n (2) Minor adjustments.--The Secretary may make minor \n adjustments to the boundary of the national monument to reflect \n the inclusion of significant archeological resources discovered \n after the date of enactment of this Act on adjacent National \n Forest System land.\n (3) Availability of map.--The map described in paragraph \n (1) shall be on file and available for public inspection in the \n appropriate offices of the Forest Service.\n\nSEC. 4. ADMINISTRATION.\n\n (a) In General.--The Secretary shall--\n (1) administer the national monument--\n (A) in furtherance of the purposes for which the \n national monument was established; and\n (B) in accordance with--\n (i) this Act; and\n (ii) any laws generally applicable to the \n National Forest System; and\n (2) allow only such uses of the national monument that the \n Secretary determines would further the purposes described in \n section 3(a).\n (b) Tribal Uses.--\n (1) In general.--The Secretary shall administer the \n national monument in accordance with--\n (A) the Native American Graves Protection and \n Repatriation Act (25 U.S.C. 3001 et seq.); and\n (B) the policy described in Public Law 95-341 \n (commonly known as the ``American Indian Religious \n Freedom Act'') (42 U.S.C. 1996).\n (2) Traditional uses.--Subject to any terms and conditions \n the Secretary determines to be necessary and in accordance with \n applicable law, the Secretary shall allow for the continued use \n of the national monument by members of Indian tribes--\n (A) for traditional ceremonies; and\n (B) as a source of traditional plants and other \n materials.\n (c) Vegetation Management.--The Secretary may carry out vegetation \nmanagement treatments within the national monument, except that the \nharvesting of timber shall only be used if the Secretary determines \nthat the harvesting is necessary for--\n (1) ecosystem restoration in furtherance of section 3(a); \n or\n (2) the control of fire, insects, or diseases.\n (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles \nand mountain bikes in the national monument shall be limited to the \nroads and trails identified by the Secretary as appropriate for the use \nof motor vehicles and mountain bikes.\n (e) Grazing.--The Secretary shall permit grazing within the \nnational monument, where established before the date of enactment of \nthis Act--\n (1) subject to all applicable laws (including regulations); \n and\n (2) consistent with the purposes described in section 3(a).\n (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes \nthe Secretary from renewing or authorizing the upgrading of a utility \nright-of-way in existence as of the date of enactment of this Act \nthrough the national monument--\n (1) in accordance with--\n (A) the National Environmental Policy Act of 1969 \n (42 U.S.C. 4321 et seq.); and\n (B) any other applicable law; and\n (2) subject to such terms and conditions as the Secretary \n determines to be appropriate.\n (g) Education and Interpretive Center.--The Secretary may develop \nand construct an education and interpretive center to interpret the \nscientific and cultural resources of the national monument for the \npublic.\n (h) Designation of Manager.--\n (1) In general.--As soon as practicable after the \n management plan is developed under section 5(a), the Secretary \n shall designate an individual as manager of the national \n monument.\n (2) Other duties.--The manager designated under paragraph \n (1) shall not be precluded from fulfilling other \n responsibilities within the San Juan National Forest.\n\nSEC. 5. MANAGEMENT PLAN.\n\n (a) In General.--Not later than 3 years after the date of enactment \nof this Act, the Secretary, in consultation with Indian tribes with a \ncultural or historic tie to Chimney Rock, shall develop a management \nplan for the national monument.\n (b) Public Comment.--In developing the management plan, the \nSecretary shall provide an opportunity for public comment by--\n (1) State and local governments;\n (2) tribal governments; and\n (3) any other interested organizations and individuals.\n\nSEC. 6. LAND ACQUISITION.\n\n The Secretary may acquire land and any interest in land within or \nadjacent to the boundary of the national monument by--\n (1) purchase from willing sellers with donated or \n appropriated funds;\n (2) donation; or\n (3) exchange.\n\nSEC. 7. WITHDRAWAL.\n\n (a) In General.--Subject to valid existing rights, all Federal land \nwithin the national monument (including any land or interest in land \nacquired after the date of enactment of this Act) is withdrawn from--\n (1) entry, appropriation, or disposal under the public land \n laws;\n (2) location, entry, and patent under the mining laws; and\n (3) subject to subsection (b), operation of the mineral \n leasing, mineral materials, and geothermal leasing laws.\n (b) Limitation.--Notwithstanding subsection (a)(3), the Federal \nland is not withdrawn for the purposes of issuance of gas pipeline \nrights-of-way within easements in existence as of the date of enactment \nof this Act.\n\nSEC. 8. EFFECT.\n\n (a) Water Rights.--\n (1) In general.--Nothing in this Act affects any valid \n water rights, including water rights held by the United States.\n (2) Reserved water right.--The designation of the national \n monument does not create a Federal reserved water right.\n (b) Tribal Rights.--Nothing in this Act affects--\n (1) the rights of any Indian tribe on Indian land;\n (2) any individually held trust land or Indian allotment; \n or\n (3) any treaty rights providing for nonexclusive access to \n or within the national monument by members of Indian tribes for \n traditional and cultural purposes.\n (c) Fish and Wildlife.--Nothing in this Act affects the \njurisdiction of the State with respect to the management of fish and \nwildlife on public land in the State.\n (d) Adjacent Uses.--Nothing in this Act--\n (1) creates a protective perimeter or buffer zone around \n the national monument; or\n (2) affects private property outside of the boundary of the \n national monument.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act.","summary":"Chimney Rock National Monument Establishment Act - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land. Permits only such uses of the Monument that would further the purposes specified above. Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to carry out vegetation management treatments within the Monument, with the exception of timber harvesting which shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases. Authorizes the construction of an education and interpretive center to interpret the Monument's scientific and cultural resources for the public. Requires the Secretary to develop a management plan for the Monument.","title":"A bill to establish the Chimney Rock National Monument in the State of Colorado.","text_len":8333,"sum_len":1265} {"bill_id":"114_hr2451","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Buy America Update Act''.\n\nSEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT.\n\n (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code, \nis amended--\n (1) by redesignating paragraph (3) as paragraph (4);\n (2) in paragraph (2) by striking ``or''; and\n (3) by inserting after paragraph (2) the following:\n ``(3) that when procuring rolling stock under this \n chapter--\n ``(A) the cost of components and subcomponents \n produced in the United States is more than 60 percent \n of the cost of all components of the rolling stock; and\n ``(B) final assembly of the rolling stock has \n occurred in the United States; or''.\n (b) Rule Reevaluation.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Transportation shall review the \nregulations found in section 635.410 of title 23, Code of Federal \nRegulations, or any similar successor regulations, to determine whether \nmanufactured products other than those containing steel and iron should \nbe considered for the purposes of domestic content preferences.\n\nSEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION.\n\n (a) Auditing and Certification Modernization.--\n (1) Not later than 6 months after the date of enactment of \n this Act, the Secretary of Transportation shall--\n (A) initiate a rulemaking to develop audit \n procedures for the agency to review offeror and \n recipient compliance with domestic content provisions; \n and\n (B) issue guidance on best practices for pre-award \n and post-delivery audits by recipients under section \n 5323(m) of title 49, United States Code.\n (2) In developing the guidance required under paragraph \n (1)(B), the Secretary shall consider best practices for--\n (A) proper and sufficient documentation requests \n from bidders by recipients under section 5323(m) of \n such title to support certification of compliance;\n (B) proper and sufficient documentation requests \n from bidders by recipients under section 5323(m) of \n such title to support pre-award and post-delivery \n audits;\n (C) determining the timing and requirements for \n post-delivery audit; and\n (D) verifying the origin of supplier components and \n subcomponents.\n (b) Component Guidance.--Not later than 6 months after the date of \nenactment of this Act, the Secretary shall initiate a rulemaking to \nfurther develop standards under section 5323(j) of title 49, United \nStates Code, for measuring the percentage value of a component relative \nto the entire procurement.\n\nSEC. 4. RAIL BUY AMERICA MODERNIZATION.\n\n Section 24305(f) of title 49, United States Code, is amended by \nadding at the end the following:\n ``(5) Before seeking a waiver request under paragraph (4), Amtrak \nshall contract with the National Institute of Standards and Technology \nto conduct a supplier scouting process for domestic suppliers that can \nprovide the compliant products for which a waiver will be sought. Upon \nconclusion of the supplier scouting process for a particular component, \nmaterial, or subcomponent, Amtrak shall submit to the Secretary a \nscouting report along with the waiver request. The Secretary shall \nconsider the results of the supplier scouting before making a decision \non Amtrak's waiver. If the Secretary decides to grant the waiver, the \nSecretary shall publish in the Federal Register a summary of the \nScouting report and the reasons for the Secretary's decision.''.\n\nSEC. 5. FAA BUY AMERICA MODERNIZATION.\n\n Section 50101 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(d) Supplier Scouting.--Before issuing a waiver under subsection \n(b), the Secretary shall--\n ``(1) consult with the National Institute of Standards and \n Technology; and\n ``(2) begin a supplier scouting process for domestic \n suppliers that can provide for those compliant products for \n which a waiver will be sought.\n ``(e) Publication Required.--Upon conclusion of the supplier \nscouting process required under subsection (d)(2) for a particular \ncomponent, material, or subcomponent, the Secretary make the results of \nthe supplier scouting available to the public.''.\n\nSEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED \n WITH PASSENGER FACILITY CHARGES.\n\n (a) In General.--Section 50101(a) of title 49, United States Code, \nis amended by inserting ``, and may approve a project under section \n40117,'' before ``only if steel''.\n (b) Applicability.--The amendment made by subsection (b) shall \napply to an application submitted pursuant to section 40177(c) of title \n49, United States Code, after the date of enactment of this Act.","summary":"Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60 of the cost of all components of the rolling stock. And final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States.","title":"Buy America Update Act","text_len":5172,"sum_len":1414} {"bill_id":"107_s374","text":"SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS.\n\n (a) Authority To Operate.--Under such regulations as the Secretary \nof Defense may prescribe, the Chief of the National Guard Bureau may \nestablish and operate not more than five schools (to be known generally \nas ``National Guard counterdrug schools'') for the provision by the \nNational Guard of training in drug interdiction and counter-drug \nactivities, and drug demand reduction activities, to the personnel of \nthe following:\n (1) Federal agencies.\n (2) State and local law enforcement agencies.\n (3) Community-based organizations engaged in such \n activities.\n (4) Other non-Federal governmental and private entities and \n organizations engaged in such activities.\n (b) Counterdrug Schools Specified.--The National Guard counterdrug \nschools operated under the authority in subsection (a) are as follows:\n (1) The National Interagency Civil-Military Institute \n (NICI), San Luis Obispo, California.\n (2) The Multi-Jurisdictional Counterdrug Task Force \n Training (MCTFT), St. Petersburg, Florida.\n (3) The Midwest Counterdrug Training Center (MCTC), to be \n established in Johnston, Iowa.\n (4) The Regional Counterdrug Training Academy (RCTA), \n Meridian, Mississippi.\n (5) The Northeast Regional Counterdrug Training Center \n (NCTC), Fort Indiantown Gap, Pennsylvania.\n (c) Use of National Guard Personnel.--(1) To the extent provided \nfor in the State drug interdiction and counter-drug activities plan of \na State in which a National Guard counterdrug school is located, \npersonnel of the National Guard of that State who are ordered to \nperform full-time National Guard duty authorized under section 112(b) \nof that title 32, United States Code, may provide training referred to \nin subsection (a) at that school.\n (2) In this subsection, the term ``State drug interdiction and \ncounter-drug activities plan'', in the case of a State, means the \ncurrent plan submitted by the Governor of the State to the Secretary of \nDefense under section 112 of title 32, United States Code.\n (d) Annual Reports on Activities.--(1) Not later than February 1, \n2002, and annually thereafter, the Secretary of Defense shall submit to \nCongress a report on the activities of the National Guard counterdrug \nschools.\n (2) Each report under paragraph (1) shall set forth the following:\n (A) The amount made available for each National Guard \n counterdrug school during the fiscal year ending in the year \n preceding the year in which such report is submitted.\n (B) A description of the activities of each National Guard \n counterdrug school during the year preceding the year in which \n such report is submitted.\n (3) The report under paragraph (1) in 2002 shall set forth, in \naddition to the matters described in paragraph (2), a description of \nthe activities relating to the establishment of the Midwest Counterdrug \nTraining Center in Johnston, Iowa.\n (e) Authorization of Appropriations.--(1) There is hereby \nauthorized to be appropriated for the Department of Defense for the \nNational Guard for fiscal year 2002, $25,000,000 for purposes of the \nNational Guard counterdrug schools in that fiscal year.\n (2) The amount authorized to be appropriated by paragraph (1) is in \naddition to any other amount authorized to be appropriated for the \nDepartment of Defense for the National Guard for fiscal year 2002.\n (f) Availability of Funds.--(1) Of the amount authorized to be \nappropriated by subsection (e)(1)--\n (A) $4,000,000 shall be available for the National \n Interagency Civil-Military Institute, San Luis Obispo, \n California;\n (B) $8,000,000 shall be available for the Multi-\n Jurisdictional Counterdrug Task Force Training, St. Petersburg, \n Florida;\n (C) $3,000,000 shall be available for the Midwest \n Counterdrug Training Center, Johnston, Iowa;\n (D) $5,000,000 shall be available for the Regional \n Counterdrug Training Academy, Meridian, Mississippi; and\n (E) $5,000,000 shall be available for the Northeast \n Regional Counterdrug Training Center, Fort Indiantown Gap, \n Pennsylvania.\n (2) Amounts available under paragraph (1) shall remain available \nuntil expended.\n (g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The \nbudget of the President that is submitted to Congress under section \n1105 of title 31, United States Code, for any fiscal year after fiscal \nyear 2002 shall set forth as a separate budget item the amount \nrequested for such fiscal year for the National Guard counterdrug \nschools.\n (2) It is the sense of Congress that--\n (A) the amount authorized to appropriated for the National \n Guard counterdrug schools for any fiscal year after fiscal year \n 2002 should not be less than the amount authorized to be \n appropriated for those schools for fiscal year 2002 by \n subsection (e)(1), in constant fiscal year 2002 dollars; and\n (B) the amount made available to each National Guard \n counterdrug school for any fiscal year after fiscal year 2002 \n should not be less than the amount made available for such \n school for fiscal year 2002 by subsection (f)(1), in constant \n fiscal year 2002 dollars, except that the amount made available \n for the Midwest Counterdrug Training School should not be less \n than $5,000,000, in constant fiscal year 2002 dollars.","summary":"Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California, (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida. (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa, (4) the Regional Counterdrug Training Academy, Meridian, Mississippi. And (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania.","title":"A bill to authorize the operation by the National Guard of counterdrug schools, and for other purposes.","text_len":5689,"sum_len":855} {"bill_id":"109_hr4305","text":"SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY \n ZONE PROPERTY.\n\n (a) In General.--Section 179 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(e) Increase in Limitation for Gulf Opportunity Zone Property.--\n ``(1) In general.--For purposes of this section--\n ``(A) the dollar amount in effect under subsection \n (b)(1) for the taxable year shall be increased by the \n lesser of--\n ``(i) $100,000, or\n ``(ii) the cost of qualified section 179 \n Gulf Opportunity Zone property placed in \n service during the taxable year, and\n ``(B) the the dollar amount in effect under \n subsection (b)(2) for the taxable year shall be \n increased by the lesser of--\n ``(i) $600,000, or\n ``(ii) the cost of qualified section 179 \n Gulf Opportunity Zone property placed in \n service during the taxable year.\n ``(2) Qualified section 179 gulf opportunity zone \n property.--For purposes of this subsection, the term `qualified \n section 179 Gulf Opportunity Zone property' means section 179 \n property which is qualified Gulf Opportunity Zone property.\n ``(3) Qualified gulf opportunity zone property.-- For \n purposes of this subsection--\n ``(A) In general.--The term `qualified Gulf \n Opportunity Zone property' means property--\n ``(i) which is described in section \n 168(k)(2)(A)(i),\n ``(ii) substantially all of the use of \n which is in the Gulf Opportunity Zone and is in \n the active conduct of a trade or business by \n the taxpayer in such Zone,\n ``(iii) the original use of which in the \n Gulf Opportunity Zone commences with the \n taxpayer on or after August 28, 2005,\n ``(iv) which is acquired by the taxpayer by \n purchase (as defined in subsection (d)) on or \n after August 28, 2005, but only if no written \n binding contract for the acquisition was in \n effect before August 28, 2005, and\n ``(v) which is placed in service by the \n taxpayer on or before December 31, 2007.\n ``(B) Exceptions.--\n ``(i) Alternative depreciation property.--\n Such term shall not include any property \n described in section 168(k)(2)(D)(i).\n ``(ii) Tax-exempt bond-financed property.--\n Such term shall not include any property any \n portion of which is financed with the proceeds \n of any obligation the interest on which is \n exempt from tax under section 103.\n ``(iii) Election out.--If a taxpayer makes \n an election under this clause with respect to \n any class of property for any taxable year, \n this subsection shall not apply to all property \n in such class placed in service during such \n taxable year.\n ``(4) Gulf opportunity zone; hurricane katrina disaster \n area.--For purposes of this subsection--\n ``(A) Gulf opportunity zone.--The term `Gulf \n Opportunity Zone' means that portion of the Hurricane \n Katrina disaster area determined by the President to \n warrant individual or individual and public assistance \n from the Federal Government under the Robert T. \n Stafford Disaster Relief and Emergency Assistance Act \n by reason of Hurricane Katrina.\n ``(B) Hurricane katrina disaster area.--The term \n `Hurricane Katrina disaster area' means an area with \n respect to which a major disaster has been declared by \n the President before September 14, 2005, under section \n 401 of such Act by reason of Hurricane Katrina.\n ``(5) Coordination with empowerment zones and renewal \n communities.--For purposes of sections 1397A and 1400J, \n qualified section 179 Gulf Opportunity Zone property shall not \n be treated as qualified zone property or qualified renewal \n property, unless the taxpayer elects not to take such qualified \n section 179 Gulf Opportunity Zone property into account for \n purposes of this subsection.\n ``(6) Recapture.--For purposes of this subsection, rules \n similar to the rules under subsection (d)(10) shall apply with \n respect to any qualified section 179 Gulf Opportunity Zone \n property which ceases to be qualified section 179 Gulf \n Opportunity Zone property.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to property placed in service after August 28, 2005.","summary":"Amends the Internal Revenue to increase the expensing allowance for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area.","title":"To amend the Internal Revenue Code of 1986 to provide increased expensing for section 179 property in the Gulf Opportunity Zone.","text_len":5538,"sum_len":168} {"bill_id":"108_hr3495","text":"SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST \n DISADVANTAGED COMMUNITIES.\n\n Section 629 of the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act (42 U.S.C. 5197h) is amended to read as follows:\n\n``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST \n DISADVANTAGED COMMUNITIES.\n\n ``(a) In General.--The Director shall establish an emergency \npreparedness demonstration program to research and promote the capacity \nof disadvantaged communities to carry out programs to provide data, \ninformation, and awareness education by providing grants to or \nexecuting contracts or cooperative agreements with eligible nonprofit \norganizations to establish and conduct such programs.\n ``(b) Activities Supported.--An eligible nonprofit organization may \nuse a grant, contract, or cooperative agreement awarded under this \nsection--\n ``(1) to conduct research into the status of emergency \n preparedness and disaster response awareness in households of \n disadvantaged individuals located in urban and rural \n communities, particularly in those States and regions most \n impacted by natural and manmade disasters and emergencies; and\n ``(2) to develop and promote awareness of emergency \n preparedness education programs within disadvantaged \n communities, including development and preparation of \n culturally competent educational and awareness materials that \n can be used to disseminate information to organizations and \n institutions serving disadvantaged individuals.\n ``(c) Eligible Organizations.--An organization shall be eligible to \nbe awarded a grant, contract, or cooperative agreement under this \nsection with respect to a program if the organization is a nonprofit \norganization that is described in section 501(c)(3) of the Internal \nRevenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under \nsection 501(a) of such Code, whose primary mission is to provide \nservices to disadvantaged communities, and that can demonstrate a \npartnership with a disadvantaged business enterprise, including \nenterprises located in a HUBZone, with respect to the program.\n ``(d) Use of Funds.--A recipient of a grant, contract, or \ncooperative agreement awarded under this section may only use the \nproceeds of the grant, contract, or agreement to--\n ``(1) acquire expert professional services necessary to \n conduct research in disadvantaged communities, including \n African American and Hispanic communities;\n ``(2) develop and prepare informational materials to \n promote awareness among disadvantaged communities about \n emergency preparedness and how to protect their households and \n communities in advance of disasters;\n ``(3) establish consortia with national organizations \n serving disadvantaged individuals, institutions of higher \n education serving disadvantaged individuals, and faith-based \n institutions to disseminate information about emergency \n preparedness to disadvantaged communities; and\n ``(4) implement a joint project with an institution serving \n disadvantaged individuals, including a part B institution (as \n defined in section 322(2) of the Higher Education Act of 1965 \n (20 U.S.C. 1061(2))), an institution described in subparagraph \n (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C. \n 1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving \n institution (as defined in section 502(a)(5) of that Act (20 \n U.S.C. 1101a(a)(5))).\n ``(e) Application and Review Procedure.--To be eligible to receive \na grant, contract, or cooperative agreement under this section, an \norganization must submit an application to the Director at such time, \nin such manner, and accompanied by such information as the Director may \nreasonably require. The Director shall establish a procedure by which \nto accept such applications.\n ``(f) Definitions.--In this section, the following definitions \napply:\n ``(1) Disadvantaged business enterprise.--The term \n `disadvantaged business enterprise' means a business enterprise \n owned and controlled by disadvantaged individuals.\n ``(2) Disadvantaged community.--The term `disadvantaged \n community' means a community predominately populated by \n disadvantaged individuals.\n ``(3) Disadvantaged individual.--The term `disadvantaged \n individual' means a socially or economically disadvantaged \n individual as defined by section 8(a) of the Small Business Act \n (15 U.S.C. 637(a)).\n ``(4) HUBZone.--The term `HUBZone' has the meaning given \n such term in section 3(p) of the Small Business Act (15 U.S.C. \n 632(p)).\n ``(g) Authorization of Appropriation.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal years 2004 through 2007. Such sums shall remain available \nuntil expended.''.","summary":"Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from minority communities to disadvantaged communities. Defines disadvantaged communities as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities.","title":"To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify eligibility requirements under an emergency preparedness demonstration program to assist disadvantaged communities.","text_len":5149,"sum_len":683} {"bill_id":"106_hr5544","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pain Relief Promotion Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) in the first decade of the new millennium there should \n be a new emphasis on pain management and palliative care;\n (2) the use of certain narcotics and other drugs or \n substances with a potential for abuse is strictly regulated \n under the Controlled Substances Act;\n (3) the dispensing and distribution of certain controlled \n substances by properly registered practitioners for legitimate \n medical purposes are permitted under the Controlled Substances \n Act and implementing regulations;\n (4) the dispensing or distribution of certain controlled \n substances for the purpose of relieving pain and discomfort \n even if it increases the risk of death is a legitimate medical \n purpose and is permissible under the Controlled Substances Act;\n (5) inadequate treatment of pain, especially for chronic \n diseases and conditions, irreversible diseases such as cancer, \n and end-of-life care, is a serious public health problem \n affecting hundreds of thousands of patients every year; \n physicians should not hesitate to dispense or distribute \n controlled substances when medically indicated for these \n conditions; and\n (6) for the reasons set forth in section 101 of the \n Controlled Substances Act (21 U.S.C. 801), the dispensing and \n distribution of controlled substances for any purpose affect \n interstate commerce.\n\n TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE\n\nSEC. 101. ACTIVITIES OF AGENCY FOR HEALTH CARE RESEARCH AND QUALITY.\n\n Part A of title IX of the Public Health Service Act (42 U.S.C. 299 \net seq.) is amended by adding at the end the following:\n\n``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH \n AND QUALITY.\n\n ``(a) In General.--Subject to subsections (e) and (f) of section \n902, the Director shall carry out a program to accomplish the \nfollowing:\n ``(1) Promote and advance scientific understanding of pain \n management and palliative care.\n ``(2) Collect and disseminate protocols and evidence-based \n practices regarding pain management and palliative care, with \n priority given to pain management for terminally ill patients, \n and make such information available to public and private \n health care programs and providers, health professions schools, \n and hospices, and to the general public.\n ``(b) Definition.--In this section, the term `pain management and \npalliative care' means--\n ``(1) the active, total care of patients whose disease or \n medical condition is not responsive to curative treatment or \n whose prognosis is limited due to progressive, far-advanced \n disease; and\n ``(2) the evaluation, diagnosis, treatment, and management \n of primary and secondary pain, whether acute, chronic, \n persistent, intractable, or associated with the end of life;\nthe purpose of which is to diagnose and alleviate pain and other \ndistressing signs and symptoms and to enhance the quality of life, not \nto hasten or postpone death.''.\n\nSEC. 102. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.\n\n (a) In General.--Part D of title VII of the Public Health Service \nAct (42 U.S.C. 294 et seq.) is amended--\n (1) by redesignating sections 754 through 757 as sections \n 755 through 758, respectively; and\n (2) by inserting after section 753 the following:\n\n``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN MANAGEMENT AND \n PALLIATIVE CARE.\n\n ``(a) In General.--The Secretary, in consultation with the Director \nof the Agency for Healthcare Research and Quality, may award grants, \ncooperative agreements, and contracts to health professions schools, \nhospices, and other public and private entities for the development and \nimplementation of programs to provide education and training to health \ncare professionals in pain management and palliative care.\n ``(b) Priority.--In making awards under subsection (a), the \nSecretary shall give priority to awards for the implementation of \nprograms under such subsection.\n ``(c) Certain Topics.--An award may be made under subsection (a) \nonly if the applicant for the award agrees that the program to be \ncarried out with the award will include information and education on--\n ``(1) means for diagnosing and alleviating pain and other \n distressing signs and symptoms of patients, especially \n terminally ill patients, including the medically appropriate \n use of controlled substances;\n ``(2) applicable laws on controlled substances, including \n laws permitting health care professionals to dispense or \n administer controlled substances as needed to relieve pain even \n in cases where such efforts may unintentionally increase the \n risk of death; and\n ``(3) recent findings, developments, and improvements in \n the provision of pain management and palliative care.\n ``(d) Program Sites.--Education and training under subsection (a) \nmay be provided at or through health professions schools, residency \ntraining programs and other graduate programs in the health \nprofessions, entities that provide continuing medical education, \nhospices, and such other programs or sites as the Secretary determines \nto be appropriate.\n ``(e) Evaluation of Programs.--The Secretary shall (directly or \nthrough grants or contracts) provide for the evaluation of programs \nimplemented under subsection (a) in order to determine the effect of \nsuch programs on knowledge and practice regarding pain management and \npalliative care.\n ``(f) Peer Review Groups.--In carrying out section 799(f) with \nrespect to this section, the Secretary shall ensure that the membership \nof each peer review group involved includes individuals with expertise \nand experience in pain management and palliative care for the \npopulation of patients whose needs are to be served by the program.\n ``(g) Definition.--In this section, the term `pain management and \npalliative care' means--\n ``(1) the active, total care of patients whose disease or \n medical condition is not responsive to curative treatment or \n whose prognosis is limited due to progressive, far-advanced \n disease; and\n ``(2) the evaluation, diagnosis, treatment, and management \n of primary and secondary pain, whether acute, chronic, \n persistent, intractable, or associated with the end of life;\nthe purpose of which is to diagnose and alleviate pain and other \ndistressing signs and symptoms and to enhance the quality of life, not \nto hasten or postpone death.''.\n (b) Authorization of Appropriations; Allocation.--\n (1) In general.--Section 758 of the Public Health Service \n Act (as redesignated by subsection (a)(1) of this section) is \n amended, in subsection (b)(1)(C), by striking ``sections 753, \n 754, and 755'' and inserting ``sections 753, 754, 755, and \n 756''.\n (2) Amount.--With respect to section 758 of the Public \n Health Service Act (as redesignated by subsection (a)(1) of \n this section), the dollar amount specified in subsection \n (b)(1)(C) of such section is deemed to be increased by \n $5,000,000.\n\nSEC. 103. EFFECTIVE DATE.\n\n The amendments made by this title shall take effect on the date of \nenactment of this Act.\n\n TITLE II--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED \n SUBSTANCES ACT\n\nSEC. 201. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF \n CONTROLLED SUBSTANCES.\n\n (a) In General.--Section 303 of the Controlled Substances Act (21 \nU.S.C. 823) is amended by adding at the end the following:\n ``(i)(1) For purposes of this Act and any regulations to implement \nthis Act, alleviating pain or discomfort in the usual course of \nprofessional practice is a legitimate medical purpose for the \ndispensing, distributing, or administering of a controlled substance \nthat is consistent with public health and safety, even if the use of \nsuch a substance may increase the risk of death. Nothing in this \nsection authorizes intentionally dispensing, distributing, or \nadministering a controlled substance for the purpose of causing death \nor assisting another person in causing death.\n ``(2)(A) Notwithstanding any other provision of this Act, in \ndetermining whether a registration is consistent with the public \ninterest under this Act, the Attorney General shall give no force and \neffect to State law authorizing or permitting assisted suicide or \neuthanasia.\n ``(B) Paragraph (2) applies only to conduct occurring after the \ndate of enactment of this subsection.\n ``(3) Nothing in this subsection shall be construed to alter the \nroles of the Federal and State governments in regulating the practice \nof medicine. Regardless of whether the Attorney General determines \npursuant to this section that the registration of a practitioner is \ninconsistent with the public interest, it remains solely within the \ndiscretion of State authorities to determine whether action should be \ntaken with respect to the State professional license of the \npractitioner or State prescribing privileges.\n ``(4) Nothing in the Pain Relief Promotion Act of 2000 (including \nthe amendments made by such Act) shall be construed--\n ``(A) to modify the Federal requirements that a controlled \n substance be dispensed only for a legitimate medical purpose \n pursuant to paragraph (1); or\n ``(B) to provide the Attorney General with the authority to \n issue national standards for pain management and palliative \n care clinical practice, research, or quality;\nexcept that the Attorney General may take such other actions as may be \nnecessary to enforce this Act.''.\n (b) Pain Relief.--Section 304(c) of the Controlled Substances Act \n(21 U.S.C. 824(c)) is amended--\n (1) by striking ``(c) Before'' and inserting the following:\n ``(c) Procedures.--\n ``(1) Order to show cause.--Before''; and\n (2) by adding at the end the following:\n ``(2) Burden of proof.--At any proceeding under paragraph \n (1), where the order to show cause is based on the alleged \n intentions of the applicant or registrant to cause or assist in \n causing death, and the practitioner claims a defense under \n paragraph (1) of section 303(i), the Attorney General shall \n have the burden of proving, by clear and convincing evidence, \n that the practitioner's intent was to dispense, distribute, or \n administer a controlled substance for the purpose of causing \n death or assisting another person in causing death. In meeting \n such burden, it shall not be sufficient to prove that the \n applicant or registrant knew that the use of controlled \n substance may increase the risk of death.''.\n\nSEC. 202. EDUCATION AND TRAINING PROGRAMS.\n\n Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a)) \nis amended--\n (1) by striking ``and'' at the end of paragraph (5);\n (2) by striking the period at the end of paragraph (6) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(7) educational and training programs for Federal, State, \n and local personnel, incorporating recommendations, subject to \n the provisions of subsections (e) and (f) of section 902 of the \n Public Health Service Act, by the Secretary of Health and Human \n Services, on the means by which investigation and enforcement \n actions by law enforcement personnel may better accommodate the \n necessary and legitimate use of controlled substances in pain \n management and palliative care.\nNothing in this subsection shall be construed to alter the roles of the \nFederal and State governments in regulating the practice of \nmedicine.''.\n\nSEC. 203. FUNDING AUTHORITY.\n\n Notwithstanding any other provision of law, the operation of the \ndiversion control fee account program of the Drug Enforcement \nAdministration shall be construed to include carrying out section \n303(i) of the Controlled Substances Act (21 U.S.C. 823(i)), as added by \nthis Act, and subsections (a)(4) and (c)(2) of section 304 of the \nControlled Substances Act (21 U.S.C. 824), as amended by this Act.\n\nSEC. 204. EFFECTIVE DATE.\n\n The amendments made by this title shall take effect on the date of \nenactment of this Act.","summary":"Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts for development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. Defines pain management and palliative care as certain types of actions, the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death. Adds the provisions of this paragraph to the list of provisions for which the Secretary is required to make a specified amount available and increases the amount specified. Title II: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to declare that, for that Act and any implementing regulations, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if it may increase the risk of death. Prohibits the Attorney General, in determining whether a registration is consistent with the public interest, from giving any force and effect to State law authorizing or permitting assisted suicide or euthanasia, notwithstanding any other provision of the Act, and with regard to conduct after enactment of this Act. Gives the Attorney General, in an action to deny, revoke, or suspend a registration based on alleged intentions to cause or assist in causing death, the burden of proving, by clear and convincing evidence, that the intent was to cause death or assist another person in causing death. Declares that the burden is not met by proving that the applicant or registrant knew that the use of the controlled substance may increase the risk of death. Authorizes the Attorney General to carry out education and training programs for Federal, State, and local personnel on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. Requires, notwithstanding any other provision of law, construing the operation of the diversion control fee account program of the Drug Enforcement Administration to include carrying out the provisions of this title .","title":"Pain Relief Promotion Act of 2000","text_len":12970,"sum_len":2440} {"bill_id":"107_s196","text":"SECTION 1. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. ENERGY CONSERVATION EXPENDITURES.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this subtitle \nfor the taxable year an amount equal to the energy conservation \nexpenditures made by the taxpayer during such year.\n ``(b) Maximum Credit.--The amount of the credit allowed under \nsubsection (a) with respect to each dwelling unit for the taxable year \nshall not exceed $2,000.\n ``(c) Energy Conservation Expenditures.--For purposes of this \nsection--\n ``(1) In general.--The term `energy conservation \n expenditures' means expenditures made by the taxpayer for \n qualified energy property--\n ``(A) which is certified to equal or exceed energy \n conservation standards for such property or for the \n installation of such property as prescribed by the \n Secretary, in consultation with the Secretary of \n Energy, and\n ``(B) which is installed on or in connection with a \n dwelling unit--\n ``(i) which is located in the United \n States, and\n ``(ii) which is used by the taxpayer as a \n residence.\n Such term includes expenditures for labor costs properly \n allocable to the onsite preparation, assembly, or installation \n of the property.\n ``(2) Qualified energy property.--\n ``(A) In general.--The term `qualified energy \n property' means--\n ``(i) swimming pool and hot tub covers,\n ``(ii) ceiling insulation,\n ``(iii) weatherstripping,\n ``(iv) water heater insulation blankets,\n ``(v) low-flow showerheads,\n ``(vi) caulking in ceilings,\n ``(vii) insulation of plenums and ducts,\n ``(viii) installation of storm windows with \n a U-value of 0.45 or less,\n ``(ix) thermal doors and windows,\n ``(x) duty cyclers,\n ``(xi) clock thermostats,\n ``(xii) evaporative coolers,\n ``(xiii) whole house fans,\n ``(xiv) external shading devices,\n ``(xv) thermal energy storage devices with \n central control systems,\n ``(xvi) controls and automatic switching \n devices between natural and electric lighting, \n or\n ``(xvii) any other property that the \n Secretary of Energy determines to be an \n effective device for the conservation of \n energy.\n ``(d) Certification.--\n ``(1) Products.--A certification with respect to a \n qualified energy property shall be made by the manufacturer of \n such property.\n ``(2) Installation.--A certification with respect to the \n installation of a qualified energy property shall be made by \n the person who sold or installed the property.\n ``(3) Form of certifications.--Certifications referred to \n in this subsection shall be in such form as the Secretary shall \n prescribe, and, except in the case of a certification by a \n representative of a local building regulatory authority, shall \n include the taxpayer identification number of the person making \n the certification.\n ``(e) Special Rules.--For purposes of this section--\n ``(1) Dollar amounts in case of joint occupancy.--In the \n case of any dwelling unit which if jointly occupied and used \n during any calendar year as a residence by 2 or more \n individuals the following shall apply:\n ``(A) The amount of the credit allowable under \n subsection (a) by reason of expenditures (as the case \n may be) made during such calendar year by any of such \n individuals with respect to such dwelling unit shall be \n determined by treating all of such individuals as 1 \n taxpayer whose taxable year is such calendar year.\n ``(B) There shall be allowable with respect to such \n expenditures to each of such individuals, a credit \n under subsection (a) for the taxable year in which such \n calendar year ends in an amount which bears the same \n ratio to the amount determined under subparagraph (A) \n as the amount of such expenditures made by such \n individual during such calendar year bears to the \n aggregate of such expenditures made by all of such \n individuals during such calendar year.\n ``(2) Tenant-stockholder in cooperative housing \n corporation.--In the case of an individual who is a tenant-\n stockholder (as defined in section 216) in a cooperative \n housing corporation (as defined in such section), such \n individual shall be treated as having made his tenant-\n stockholder's proportionate share (as defined in section \n 216(b)(3)) of any expenditures of such corporation.\n ``(3) Condominiums.--\n ``(A) In general.--In the case of an individual who \n is a member of a condominium management association \n with respect to a condominium which he owns, such \n individual shall be treated as having made his \n proportionate share of any expenditures of such \n association.\n ``(B) Condominium management association.--For \n purposes of this paragraph, the term `condominium \n management association' means an organization which \n meets the requirements of paragraph (1) of section \n 528(c) (other than subparagraph (E) thereof) with \n respect to a condominium project substantially all of \n the units of which are used as residences.\n ``(4) Joint ownership of energy items.--\n ``(A) In general.--Any expenditure otherwise \n qualifying as a energy conservation expenditure shall \n not be treated as failing to so qualify merely because \n such expenditure was made with respect to 2 or more \n dwelling units.\n ``(B) Limits applied separately.--In the case of \n any expenditure described in subparagraph (A), the \n amount of the credit allowable under subsection (a) \n shall (subject to paragraph (1)) be computed separately \n with respect to the amount of the expenditure made for \n each dwelling unit.\n ``(5) Allocation in certain cases.--If less than 80 percent \n of the use of an item is for nonbusiness residential purposes, \n only that portion of the expenditures for such item which is \n properly allocable to use for nonbusiness residential purposes \n shall be taken into account.\n ``(6) When expenditure made; amount of expenditure.--\n ``(A) In general.--Except as provided in \n subparagraph (B), an expenditure with respect to an \n item shall be treated as made when the original \n installation of the item is completed.\n ``(B) Expenditures part of building construction.--\n In the case of an expenditure in connection with the \n construction or reconstruction of a structure, such \n expenditure shall be treated as made when the original \n use of the constructed or reconstructed structure by \n the taxpayer begins.\n ``(C) Amount.--The amount of any expenditure shall \n be the cost thereof.\n ``(7) Other applicable rules.--Rules similar to the rules \n of paragraphs (4) and (5) of section 48(a) shall apply for \n purposes of this section.\n ``(f) Basis Adjustments.--For purposes of this subtitle, if a \ncredit is allowed under this section for any expenditure with respect \nto any property, the increase in the basis of such property which would \n(but for this subsection) result from such expenditure shall be reduced \nby the amount of the credit so allowed.\n ``(g) Denial of Double Benefit.--No deduction or other credit shall \nbe allowed under this chapter for any expenditure for which credit is \nallowed under this section.\n ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to \nhave this section not apply for any taxable year.\n ``(i) Application of Section.--This section shall apply to \nexpenditures with respect to property placed in service after December \n31, 2000.''.\n (b) Conforming Amendments.--\n (1) Section 1324(b)(2) of title 31, United States Code, is \n amended by striking ``or'' before ``enacted'' and by inserting \n before the period at the end ``, or from section 35 of such \n Code''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by striking the item relating to section 35 and \n inserting the following new items:\n\n ``Sec. 35. Energy conservation \n expenditures.\n ``Sec. 36. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after December 31, 2000.\n\nSEC. 2. FINANCIAL ASSISTANCE TO RETROFIT SCHOOLS TO INCREASE ENERGY \n EFFICIENCY AND CONSERVATION.\n\n (a) In General.--The Secretary of Energy shall establish a program \nto be known as the ``Elementary and Secondary School Energy Efficiency \nand Conservation Program''.\n (b) Grants.-- In carrying out this section, the Secretary shall \nprovide grants to local educational agencies to retrofit elementary and \nsecondary schools to increase energy efficiency and conservation.\n (c) Eligibility.--To be eligible to receive a grant under this \nsection, a local educational agency shall submit to the Secretary an \napplication at such time, in such manner, and containing such \ninformation as the Secretary may require.\n (d) Use of Funds.--Amounts provided to a local educational agency \nunder a grant under this section shall be used to pay the costs of--\n (1)(A) energy-efficient heating, ventilation, and air \n conditioning; and\n (B) other equipment that would increase the energy \n efficiency of a school; and\n (2) insulation and other materials and equipment that would \n decrease the amount of energy required to operate a school.\n (e) Priority.--In awarding grants under this section, the Secretary \nshall give priority to projects to retrofit elementary and secondary \nschools in low-income school districts.\n (f) Cost Sharing.--\n (1) In general.--Except as provided in paragraph (2), the \n Federal share of the cost of a project funded with a grant \n under this section shall be not more than 50 percent.\n (2) Financial hardship.--In a case of financial hardship, \n the Secretary may provide a grant in an amount exceeding 50 \n percent of the cost of the project.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $20,000,000 for each of fiscal \nyears 2002 through 2006.\n\nSEC. 3. ELECTRIC UTILITY DISCLOSURE OF PEAK HOUR AND NONPEAK HOUR \n ELECTRIC ENERGY USE BY CONSUMERS.\n\n Each electric utility that sells electric energy at retail shall--\n (1) disclose in each billing statement--\n (A) the amount of electric energy used by the \n consumer during peak hours (as defined by the electric \n utility) and nonpeak hours during the billing period; \n and\n (B) the rate charged during peak hours and nonpeak \n hours during the billing period; and\n (2) from time to time provide consumers information \n concerning ways of reducing electric energy consumption during \n peak hours.","summary":"Amends the Internal Revenue Code to allow an annual residential energy credit of up to $2,000 for qualifying conservation expenditures. Directs the Secretary of Energy to establish the Elementary and Secondary School Energy Efficiency and Conservation Program to provide grants to local educational agencies to retrofit schools for increased energy conservation. Requires electric utility company billing statements to provide peak and nonpeak hour energy use and rate information.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a refundable personal credit for energy conservation expenditures, and for other purposes.","text_len":13150,"sum_len":481} {"bill_id":"115_hr84","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Knife Owners' Protection Act of \n2017''.\n\nSEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.\n\n (a) In General.--Notwithstanding any provision of any law or any \nrule or regulation of the United States, or of a State or any political \nsubdivision of a State, any person who is not otherwise prohibited by \nFederal law from possessing, transporting, shipping, or receiving a \nknife or knives shall be entitled to transport a knife or knives from \nany place where such person may lawfully possess, carry or transport \nsuch a knife or knives to any other place where such person may \nlawfully possess, carry or transport such a knife or knives if--\n (1) in the case of transportation by motor vehicle, the \n knife or knives are not directly accessible from the passenger \n compartment of such transporting vehicle, or, in the case of a \n motor vehicle without a compartment separate from the passenger \n compartment, the knife or knives shall be contained in a locked \n container, glove compartment, or console; or\n (2) in the case of transportation by other means (including \n any conveyance over land, on or through water, or through the \n air), the knife or knives are contained in a locked container.\n (b) Emergency Knives.--Any knife or tool designed for enabling \nescape in an emergency incorporating a blunt tipped safety blade, a \nguarded blade, or both, for cutting safety belts may be carried in the \npassenger compartment and need not be secured in a locked container, \nglove compartment, or console. This subsection shall not apply to the \ntransport of any such knife or tool in the passenger cabin of aircraft \nwhose passengers are subject to airport screening procedures of the \nTransportation Security Administration.\n (c) No Arrest or Detention.--A person who is transporting a knife \nor knives in compliance with this section may not be arrested or \notherwise detained for violation of any law or any rule or regulation \nof a State or any political subdivision of a State related to the \npossession, transportation, or carrying of knives, unless there is \nprobable cause to believe that the person is not in compliance with at \nleast one of the requirements of subsection (a).\n (d) Claim or Defense.--A person may assert this section as a claim \nor defense in any action or proceeding, civil or criminal. When a \nperson asserts this section as a claim or defense in a criminal \nproceeding, the State or political subdivision shall bear the burden of \nproving, beyond a reasonable doubt, that the person was not in \ncompliance with subsection (a).\n (e) Right of Action.--Any person who, under color of any statute, \nordinance, regulation, custom, or usage, of any State or political \nsubdivision of a State, subjects, or causes to be subjected, any person \nto the deprivation of the rights, privileges, or immunities set forth \nin this section, shall be liable to the person so deprived in an action \nat law, suit in equity, or other proper proceeding for redress. When a \nperson asserts this section as a claim or defense, the court shall \naward the prevailing party (including any party who receives a \nfavorable resolution through a decision by a court, settlement of a \nclaim, withdrawal of criminal charges, or change of a statute or \nregulation), other than a State or any political subdivision of a State \nor its employees or representatives, a reasonable attorneys' fee.\n (f) Definition.--As used in this section, the term ``transport'' \nincludes staying in temporary lodging overnight, common carrier \nmisrouting or delays, stops for food, fuel, vehicle maintenance, \nemergencies, medical treatment, and all other activity related to the \nperson's overall journey. The term shall not include any transportation \nof a knife or knives with the intent to commit any offense punishable \nby imprisonment for a term exceeding one year involving the use or \nthreatened use of force against another, or with knowledge, or \nreasonable cause to believe, that such an offense is to be committed in \nthe course of, or arising from, such journey. Within any form of \ntemporary lodging, a knife or knives may be accessible.\n (g) Rule of Construction.--Nothing in this section shall be \nconstrued in any way to limit any right to possess, carry, or transport \na knife or knives under applicable State law.\n\nSEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.\n\n (a) Repeals.--\n (1) Chapter 29 of title 15, United States Code, is \n repealed.\n (2) Subsections (g) and (i) of section 1716, title 18, \n United States Code, are repealed.\n (b) Conforming Amendments.--\n (1) The table of chapters at the beginning of title 15, \n United States Code, is amended by striking the item relating to \n chapter 29, and inserting in lieu thereof, ``[Chapter 29. \n Repealed]''.\n (2) Section 1716 of title 18, United States Code, is \n amended by redesignating--\n (A) subsection (h) as subsection (g);\n (B) subsection (j) as subsection (h); and\n (C) subsection (k) as subsection (i).\n (c) Effective Date.--The repeals made by subsection (a)--\n (1) shall take effect on the date of enactment of this Act; \n and\n (2) do not apply with respect to any indictment, \n convictions, sentencing, appeals, civil or criminal fines or \n penalties obtained, forfeitures obtained, terms of imprisonment \n or any other enforcement actions or proceedings occurring or \n commenced, on or before the date of enactment of this Act.","summary":"Knife Owners' Protection Act of 2017 This bill permits an individual to transport a knife between two places where knife possession, carry, or transport is legal. A knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts. This bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding. This bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife. Finally, it amends the federal criminal code to eliminate two provisions8212. One that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives.","title":"Knife Owners\u2019 Protection Act of 2017","text_len":5769,"sum_len":1076} {"bill_id":"106_s178","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Center for Social Work \nResearch Act''.\n\nSEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.\n\n (a) In General.--Section 401(b)(2) of the Public Health Service Act \n(42 U.S.C. 281(b)(2)) is amended by adding at the end the following:\n ``(F) The National Center for Social Work Research.''.\n (b) Establishment.--Part E of title IV of the Public Health Service \nAct (42 U.S.C. 287 et seq.) is amended by adding at the end the \nfollowing:\n\n ``Subpart 5--National Center for Social Work Research\n\n``SEC. 485G. PURPOSE OF CENTER.\n\n ``The general purpose of the National Center for Social Work \nResearch (referred to in this subpart as the `Center') is the conduct \nand support of, and dissemination of information with respect to basic, \nclinical, and services social work research, training, and other \nprograms in patient care, including child and family care.\n\n``SEC. 485H. SPECIFIC AUTHORITIES.\n\n ``(a) In General.--To carry out the purpose described in section \n485G, the Director of the Center may provide research training and \ninstruction and establish, in the Center and in other nonprofit \ninstitutions, research traineeships and fellowships in the study and \ninvestigation of the prevention of disease, health promotion, and the \nsocial work care of persons with and families of individuals with acute \nand chronic illnesses, including child abuse and neglect and child and \nfamily care.\n ``(b) Stipends and Allowances.--The Director of the Center may \nprovide individuals receiving training and instruction or traineeships \nor fellowships under subsection (a) with such stipends and allowances \n(including amounts for travel and subsistence and dependency \nallowances) as the Director determines necessary.\n ``(c) Grants.--The Director of the Center may make grants to \nnonprofit institutions to provide training and instruction and \ntraineeships and fellowships under subsection (a).\n\n``SEC. 485I. ADVISORY COUNCIL.\n\n ``(a) Duties.--\n ``(1) In general.--The Secretary shall establish an \n advisory council for the Center that shall advise, assist, \n consult with, and make recommendations to the Secretary and the \n Director of the Center on matters related to the activities \n carried out by and through the Center and the policies with \n respect to such activities.\n ``(2) Gifts.--The advisory council for the Center may \n recommend to the Secretary the acceptance, in accordance with \n section 231, of conditional gifts for study, investigations, \n and research and for the acquisition of grounds or \n construction, equipment, or maintenance of facilities for the \n Center.\n ``(3) Other duties and functions.--The advisory council for \n the Center--\n ``(A)(i) may make recommendations to the Director \n of the Center with respect to research to be conducted \n by the Center;\n ``(ii) may review applications for grants and \n cooperative agreements for research or training and \n recommend for approval applications for projects that \n demonstrate the probability of making valuable \n contributions to human knowledge; and\n ``(iii) may review any grant, contract, or \n cooperative agreement proposed to be made or entered \n into by the Center;\n ``(B) may collect, by correspondence or by personal \n investigation, information relating to studies that are \n being carried out in the United States or any other \n country as to the diseases, disorders, or other aspects \n of human health with respect to which the Center is \n concerned and, with the approval of the Director of the \n Center, make such information available through \n appropriate publications for the benefit of public and \n private health entities and health professions \n personnel and scientists and for the information of the \n general public; and\n ``(C) may appoint subcommittees and convene \n workshops and conferences.\n ``(b) Membership.--\n ``(1) In general.--The advisory council shall be composed \n of the ex officio members described in paragraph (2) and not \n more than 18 individuals to be appointed by the Secretary under \n paragraph (3).\n ``(2) Ex officio members.--The ex officio members of the \n advisory council shall include--\n ``(A) the Secretary, the Director of NIH, the \n Director of the Center, the Chief Social Work Officer \n of the Veterans' Administration, the Assistant \n Secretary of Defense for Health Affairs, the Associate \n Director of Prevention Research at the National \n Institute of Mental Health, and the Director of the \n Division of Epidemiology and Services Research (or the \n designees of such officers); and\n ``(B) such additional officers or employees of the \n United States as the Secretary determines necessary for \n the advisory council to effectively carry out its \n functions.\n ``(3) Appointed members.--The Secretary shall appoint not \n to exceed 18 individuals to the advisory council, of which--\n ``(A) not more than two-thirds of such individual \n shall be appointed from among the leading \n representatives of the health and scientific \n disciplines (including public health and the behavioral \n or social sciences) relevant to the activities of the \n Center, and at least 7 such individuals shall be \n professional social workers who are recognized experts \n in the area of clinical practice, education, or \n research; and\n ``(B) not more than one-third of such individuals \n shall be appointed from the general public and shall \n include leaders in fields of public policy, law, health \n policy, economics, and management.\n The Secretary shall make appointments to the advisory council \n in such a manner as to ensure that the terms of the members do \n not all expire in the same year.\n ``(4) Compensation.--Members of the advisory council who \n are officers or employees of the United States shall not \n receive any compensation for service on the advisory council. \n The remaining members shall receive, for each day (including \n travel time) they are engaged in the performance of the \n functions of the advisory council, compensation at rates not to \n exceed the daily equivalent of the annual rate in effect for an \n individual at grade GS-18 of the General Schedule.\n ``(c) Terms.--\n ``(1) In general.--The term of office of an individual \n appointed to the advisory council under subsection (b)(3) shall \n be 4 years, except that any individual appointed to fill a \n vacancy on the advisory council shall serve for the remainder \n of the unexpired term. A member may serve after the expiration \n of the member's term until a successor has been appointed.\n ``(2) Reappointments.--A member of the advisory council who \n has been appointed under subsection (b)(3) for a term of 4 \n years may not be reappointed to the advisory council prior to \n the expiration of the 2-year period beginning on the date on \n which the prior term expired.\n ``(3) Vacancy.--If a vacancy occurs on the advisory council \n among the members under subsection (b)(3), the Secretary shall \n make an appointment to fill that vacancy not later than 90 days \n after the date on which the vacancy occurs.\n ``(d) Chairperson.--The chairperson of the advisory council shall \nbe selected by the Secretary from among the members appointed under \nsubsection (b)(3), except that the Secretary may select the Director of \nthe Center to be the chairperson of the advisory council. The term of \noffice of the chairperson shall be 2 years.\n ``(e) Meetings.--The advisory council shall meet at the call of the \nchairperson or upon the request of the Director of the Center, but not \nless than 3 times each fiscal year. The location of the meetings of the \nadvisory council shall be subject to the approval of the Director of \nthe Center.\n ``(f) Administrative Provisions.--The Director of the Center shall \ndesignate a member of the staff of the Center to serve as the executive \nsecretary of the advisory council. The Director of the Center shall \nmake available to the advisory council such staff, information, and \nother assistance as the council may require to carry out its functions. \nThe Director of the Center shall provide orientation and training for \nnew members of the advisory council to provide such members with such \ninformation and training as may be appropriate for their effective \nparticipation in the functions of the advisory council.\n ``(g) Comments and Recommendations.--The advisory council may \nprepare, for inclusion in the biennial report under section 485J--\n ``(1) comments with respect to the activities of the \n advisory council in the fiscal years for which the report is \n prepared;\n ``(2) comments on the progress of the Center in meeting its \n objectives; and\n ``(3) recommendations with respect to the future direction \n and program and policy emphasis of the center.\nThe advisory council may prepare such additional reports as it may \ndetermine appropriate.\n\n``SEC. 485J. BIENNIAL REPORT.\n\n ``The Director of the Center, after consultation with the advisory \ncouncil for the Center, shall prepare for inclusion in the biennial \nreport under section 403, a biennial report that shall consist of a \ndescription of the activities of the Center and program policies of the \nDirector of the Center in the fiscal years for which the report is \nprepared. The Director of the Center may prepare such additional \nreports as the Director determines appropriate. The Director of the \nCenter shall provide the advisory council of the Center an opportunity \nfor the submission of the written comments described in section \n485I(g).''.","summary":"National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research.","title":"National Center for Social Work Research Act","text_len":10802,"sum_len":142} {"bill_id":"109_s3739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consortium on the Impact of \nTechnology in Aging Health Services Act of 2006''.\n\nSEC. 2. ESTABLISHMENT OF CONSORTIUM.\n\n (a) Establishment.--There is established a Consortium to be known \nas the ``Consortium on the Impact of Technology in Aging Health \nServices'' (referred to in this Act as the ``Consortium'').\n (b) Purpose.--The purpose of the Consortium is to evaluate the \npotential of new technologies to help the United States prepare for the \nunprecedented demographic changes that will occur during the next 10 \nyears in the Nation's healthcare system.\n (c) Membership.--\n (1) Composition.--The Consortium shall be composed of 17 \n members, of whom--\n (A) 1 member shall be appointed by the President \n and designated by the President as Chairperson of the \n Consortium;\n (B) 4 members shall be appointed by the Majority \n Leader of the Senate;\n (C) 4 members shall be appointed by the Minority \n Leader of the Senate;\n (D) 4 members shall be appointed by the Speaker of \n the House of Representatives; and\n (E) 4 members shall be appointed by the Minority \n Leader of the House of Representatives.\n (2) Qualifications.--\n (A) In general.--Appointments to the Consortium \n shall be made from individuals who are senior-level \n executives from the Federal Government or the private-\n sector who have demonstrated experience as--\n (i) providers of senior, geriatric, and \n other assistive services, including housing, \n nursing care, home-and-community based \n services, and assisted living and caregiver \n organizations;\n (ii) technology developers or producers of \n products for aged individuals;\n (iii) Federal, State, or academic \n researchers that focus on aging issues;\n (iv) physicians and other health care \n providers;\n (v) insurers and other payer organizations; \n and\n (vi) representatives of the pharmaceutical \n industry.\n (B) Inclusion of seniors and individuals with \n disabilities.--At least 2 appointees shall be--\n (i) age 65 or older; or\n (ii) an individual with a disability.\n (3) Date of appointments.--The appointment of a member of \n the Consortium shall be made not later than 30 days after the \n date of enactment of this Act.\n (d) Term; Vacancies.--\n (1) Term.--A member shall be appointed for the life of the \n Consortium.\n (2) Vacancies.--A vacancy on the Consortium--\n (A) shall not affect the powers of the Consortium; \n and\n (B) shall be filled, not later than 30 days after \n the Consortium is given notice of the vacancy, in the \n same manner as the original appointment was made.\n (e) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Consortium have been appointed, the Consortium \nshall hold the initial meeting of the Consortium.\n (f) Meetings.--The Consortium shall meet at the call of the \nChairperson.\n (g) Quorum.--A majority of the members of the Consortium shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n\nSEC. 3. DUTIES.\n\n (a) Study.--\n (1) In general.--The Consortium shall conduct a study of \n all matters relating to the potential use of new technology to \n assist older adults and their caregivers throughout the aging \n process.\n (2) Matters to be studied.--The matters to be studied by \n the Consortium shall include--\n (A) methods for identifying technology that can be \n adapted to meet the needs of seniors, individuals with \n disabilities, and the caregivers of such seniors and \n individuals across all aging services settings;\n (B) methods for fostering scientific innovation \n with respect to aging services technology within the \n business and academic communities;\n (C) identifying barriers to innovation in aging \n services technology and devising strategies for \n removing such barriers;\n (D) developments in aging services technology in \n other countries that may be applied in the United \n States;\n (E) methods for ensuring that businesses in the \n United States have a leadership role in the rapidly \n expanding global market of aging services technology; \n and\n (F) identifying barriers to the adoption of aging \n services technology by health care providers and \n consumers and devising strategies to removing such \n barriers.\n (b) Recommendations.--The Consortium shall develop recommendations \nwith respect to the following:\n (1) Identification of developments in current aging \n services technologies that may result in increased efficiency \n and cost savings to the healthcare system.\n (2) Opportunities for ongoing research and development by \n the public and private sectors to accelerate the development \n and adoption of aging services technology in order to--\n (A) promote the independence of seniors and \n individuals with disabilities;\n (B) facilitate early disease detection;\n (C) delay the physical, cognitive, social, and \n emotional decline resulting from disease and the aging \n process;\n (D) support wellness activities and preventive \n behaviors;\n (E) promote greater support to community- and \n facility-based caregivers;\n (F) develop systems that improve the quality and \n efficiency of facility-based care, such as pharmacy \n distribution programs and secure electronic clinical \n records;\n (G) enhance the utilization of technology by \n caregivers to reduce the burden of paperwork ;\n (H) minimize caregiver burnout; and\n (I) reduce medication errors and improve overall \n compliance.\n (3) Identification of methods to ensure that necessary \n technology infrastructure is in place to deliver aging services \n to rural and urban areas.\n (4) Whether to establish--\n (A) a permanent Federal interagency task force that \n will facilitate the development and distribution of \n aging services technology; and\n (B) a National Resource Center that would stimulate \n research, oversee demonstration projects, and provide \n training and technical assistance to Federal, State, \n and private sector organizations and entities that \n provide aging services.\n (5) Assignment of responsibilities for aging services with \n respect to jurisdiction, funding, and reporting relationships.\n (c) Report.--Not later than 24 months after the date of enactment \nof this Act, the Consortium shall submit to the President and the \nappropriate committees of Congress a report that contains the \nrecommendations of the Consortium with respect to the following:\n (1) Development of national policy.--The development of a \n national policy to address issues with respect to technology \n and assistive health services for seniors, including the \n appropriate roles and responsibilities for the Federal \n Government, State and local governments, and the private \n sector.\n (2) Legislative and program changes.--The specific \n legislative and regulatory changes with respect to Federal laws \n and programs that would support and encourage the private \n sector to develop and make widely available consumer-empowered \n technology solutions.\n (3) Establishment of national resource center.--The \n establishment of a National Resource Center on Aging Services \n Technologies to offer training and assistance to the Federal \n Government, State and local governments, and the private sector \n in the application of technology in pilots and trials with \n respect to assistive health services for seniors.\n\nSEC. 4. POWERS.\n\n (a) Hearings.--The Consortium may hold such hearings, meet and act \nat such times and places, take such testimony, and receive such \nevidence as the Consortium considers advisable to carry out this Act.\n (b) Information From Federal Agencies.--\n (1) In general.--The Consortium may secure directly from a \n Federal agency such information as the Consortium considers \n necessary to carry out this Act.\n (2) Provision of information.--Except as otherwise provided \n by law, on request of the Chairperson of the Consortium, the \n head of the agency shall provide the information to the \n Consortium.\n (c) Postal Services.--The Consortium may use the United States \nmails in the same manner and under the same conditions as other \nagencies of the Federal Government.\n (d) Contract Authority.--The Consortium may contract with and \ncompensate government and private agencies or persons for services, \nwithout regard to section 3709 of the Revised Statutes (41 U.S.C. 5).\n (e) Powers of Members and Agents.--Any member or agent of the \nConsortium may, if authorized by the Consortium, take any action which \nthe Consortium is authorized to take by this section.\n (f) Gifts.--The Consortium may accept, use, and dispose of gifts or \ndonations of services or property.\n (g) Printing.--For purposes of costs relating to printing and \nbinding, including the costs of personnel detailed from the Government \nPrinting Office, the Consortium shall be deemed to be a committee of \nCongress.\n\nSEC. 5. CONSORTIUM PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Members of the Consortium shall \nreceive no additional pay, allowances, or benefits by reason of their \nservice on the Consortium.\n (b) Travel Expenses.--A member of the Consortium shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for an employee of an agency under subchapter I of chapter \n57 of title 5, United States Code, while away from the home or regular \nplace of business of the member in the performance of the duties of the \nConsortium.\n (c) Staff.--\n (1) In general.--The Chairperson of the Consortium may, \n without regard to the civil service laws (including \n regulations), appoint and terminate an executive director and \n such other additional personnel as are necessary to enable the \n Consortium to perform the duties of the Consortium.\n (2) Compensation.--\n (A) Executive director.--The executive director \n shall be paid the rate of basic pay for level V of the \n Executive Schedule under section 5316 of title 5, \n United States Code.\n (B) Other staff.--The staff shall be appointed \n subject to the provisions of title 5, United States \n Code, government appointments in the competitive \n service, and shall be paid in accordance with the \n provisions of chapter 51 and subchapter III of chapter \n 53 of that title relating to classification and General \n Schedule pay rates.\n (d) Detail of Federal Government Employees.--\n (1) In general.--An employee of the Federal Government may \n be detailed to the Consortium without reimbursement.\n (2) Civil service status.--The detail of the employee shall \n be without interruption or loss of civil service status or \n privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Consortium may procure temporary and intermittent \nservices in accordance with section 3109(b) of title 5, United States \nCode, at rates for individuals that do not exceed the daily equivalent \nof the maximum annual rate of basic pay payable for the General \nSchedule.\n (f) Physical Facilities.--The Administrator of the General Services \nAdministration shall locate suitable office space for the operation of \nthe Consortium. The facilities shall serve as the headquarters of the \nConsortium and shall include all necessary equipment and incidentals \nrequired for the proper functioning of the Consortium.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to carry out this Act \n$1,500,000, for the period of fiscal years 2007 through 2010, to remain \navailable until expended.\n\nSEC. 7. TERMINATION OF CONSORTIUM.\n\n The Consortium shall terminate 180 days after the date on which the \nConsortium submits the report required under section 3(c).","summary":"Consortium on the Impact of Technology in Aging Health Services Act of 2006 - Establishes the Consortium on the Impact of Technology in Aging Health Services. Requires the Consortium to conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers, including: (1) methods for identifying technology that may be adapted to meet their needs. (2) methods for fostering scientific innovation in aging services technology within the business and academic communities. (3) barriers to innovation in and the adoption of technology and strategies for removing such barriers, (4) developments in such technology in other countries. And (5) methods for ensuring that US businesses have a leadership role in the global market of such technology. Requires the Consortium to develop recommendations concerning: (1) developments in current technologies that may result in increased efficiency and cost savings to the healthcare system. (2) opportunities for research and development to accelerate the development and adoption of aging services technology. (3) methods to ensure that technology infrastructure is in place to deliver services. And (4) establishment of a federal interagency task force to facilitate the development and distribution of such technology and a National Resource Center to stimulate research, oversee demonstration projects, and provide training and assistance to entities that provide such services. Requires the Consortium to report recommendations regarding development of a national policy to address issues concerning technology and assistive health services for seniors, changes to federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions, and establishment of a National Resource Center on Aging Services Technologies.","title":"A bill to establish a Consortium on the Impact of Technology in Aging Health Services.","text_len":13902,"sum_len":1897} {"bill_id":"104_s2174","text":"SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS.\n\n Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and \nNationality Act is amended--\n (1) by redesignating paragraph (2) as paragraph (3); and\n (2) by inserting after paragraph (1) the following:\n ``(2) In considering an employer's petition for admission \n of H-2A aliens, the Attorney General shall consider the \n certification decision of the Secretary of Labor and shall \n consider any countervailing evidence submitted by the employer \n with respect to the nonavailability of United States workers \n and the employer's compliance with the requirements of this \n section, and may consult with the Secretary of Agriculture.''.\n\nSEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION.\n\n Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and \nNationality Act is amended to read as follows:\n ``(4) Determination by the secretary.--The Secretary \n determines that the employer has not filed a job offer for the \n position to be filled by the alien with the appropriate local \n office of the State employment security agency having \n jurisdiction over the area of intended employment, or with the \n State office of such an agency if the alien will be employed in \n an area within the jurisdiction of more than one local office \n of such an agency, which meets the criteria of paragraph (5).\n ``(5) Required terms and conditions of employment.--The \n Secretary determines that the employer's job offer does not \n meet one or more of the following criteria:\n ``(A) Required rate of pay.--The employer has \n offered to pay H-2A aliens and all other workers in the \n occupation in the area of intended employment an \n adverse effect wage rate of not less than the median \n rate of pay for similarly employed workers in the area \n of intended employment.\n ``(B) Provision of housing.--\n ``(i) In general.--The employer has offered \n to provide housing to H-2A aliens and those \n workers not reasonably able to return to their \n residence within the same day, without charge \n to the worker. The employer may, at the \n employer's option, provide housing meeting \n applicable Federal standards for temporary \n labor camps, or provide rental or public \n accommodation type housing which meets \n applicable local or state standards for such \n housing.\n ``(ii) Housing allowance as alternative.--\n In lieu of offering the housing required in \n clause (i), the employer may provide a \n reasonable housing allowance to workers not \n reasonably able to return to their place of \n residence within the same day, but only if the \n Secretary determines that housing is reasonably \n available within the approximate area of \n employment. An employer who offers a housing \n allowance pursuant to this subparagraph shall \n not be deemed to be a housing provider under \n section 203 of the Migrant and Seasonal \n Agricultural Worker Protection Act (29 U.S.C. \n 1823) merely by virtue of providing such \n housing allowance.\n ``(iii) Special housing standards for short \n duration employment.-- The Secretary shall \n promulgate special regulations permitting the \n provision of short-term temporary housing for \n workers employed in occupations in which \n employment is expected to last 40 days or less.\n ``(iv) Transitional period for provision of \n special housing standards in other \n employment.--For a period of five years after \n the date of enactment of this section, the \n Secretary shall approve the provision of \n housing meeting the standards described in \nclause (iii) in occupations expected to last longer than 40 days in \nareas where available housing meeting the criteria described in \nsubparagraph (i) is found to be insufficient.\n ``(v) Preemption of state and local \n standards.--The standards described in clauses \n (ii) and (iii) shall preempt any State and \n local standards governing the provision of \n temporary housing to agricultural workers.\n ``(C) Reimbursement of transportation costs.--The \n employer has offered to reimburse H-2A aliens and \n workers recruited from beyond normal commuting distance \n the most economical common carrier transportation \n charge and reasonable subsistence from the place from \n which the worker comes to work for the employer, (but \n not more than the most economical common carrier \n transportation charge from the worker's normal place of \n residence) if the worker completes 50 percent of the \n anticipated period of employment. If the worker \n recruited from beyond normal commuting distance \n completes the period of employment, the employer will \n provide or pay for the worker's transportation and \n reasonable subsistence to the worker's next place of \n employment, or to the worker's normal place of \n residence, whichever is less.\n ``(D) Guarantee of employment.--The employer has \n offered to guarantee the worker employment for at least \n three-fourths of the workdays of the employer's actual \n period of employment in the occupation. Workers who \n abandon their employment or are terminated for cause \n shall forfeit this guarantee.\n ``(6) Preference for united states workers.--The employer \n has not assured on the application that the employer will \n provide employment to all qualified United States workers who \n apply to the employer and assure that they will be available at \n the time and place needed until the time the employer's foreign \n workers depart for the employer's place of employment (but not \n sooner than 5 days before the date workers are needed), and \n will give preference in employment to United States workers who \n are immediately available to fill job opportunities that become \n available after the date work in the occupation begins.''.\n\nSEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR \n CERTIFICATIONS.\n\n Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and \nNationality Act is amended to read as follows:\n ``(c) Special Rules Applicable to the Issuance of Labor \nCertifications.--The following rules shall apply to the issuance of \nlabor certifications by the Secretary under this section:\n ``(1) Deadline for filing applications.--The Secretary may \n not require that the application be filed more than 40 days \n before the first date the employer requires the labor or \n services of the H-2A worker.\n ``(2) Notice within seven days of deficiencies.--\n ``(A) The employer shall be notified in writing \n within seven calendar days of the date of filing, if \n the application does not meet the criteria described in \n subsection (b) for approval.\n ``(B) If the application does not meet such \n criteria, the notice shall specify the specific \n deficiencies of the application and the Secretary shall \n provide an opportunity for the prompt resubmission of a \n modified application.\n ``(3) Issuance of certification.--\n ``(A) The Secretary shall provide to the employer, \n not later than 20 days before the date such labor or \n services are first required to be performed, the \n certification described in subsection (a)(1)--\n ``(i) with respect to paragraph (a)(1)(A) \n if the employer's application meets the \n criteria described in subsection (b), or a \n statement of the specific reasons why such \n certification cannot be made, and\n ``(ii) with respect to subsection \n (a)(1)(B), to the extent that the employer does \n not actually have, or has not been provided \n with the names, addresses and Social Security \n numbers of workers referred to the employer who \n are able, willing and qualified and have \n indicated they will be available at the time \n and place needed to perform such labor or \n services on the terms and conditions of the job \n offer approved by the Secretary. For each \n worker referred, the Secretary shall also \n provide the employer with information \n sufficient to permit the employer to \ncontact the referred worker for the purpose of reconfirming the \nworker's availability for work at the time and place needed.\n ``(B) If, at the time the Secretary determines that \n the employer's job offer meets the criteria described \n in subsection (b) there are already unfilled job \n opportunities in the occupation and area of intended \n employment for which the employer is seeking workers, \n the Secretary shall provide the certification at the \n same time the Secretary approves the employer's job \n offer.''.\n\nSEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS.\n\n Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality \nAct is amended to read as follows:\n ``(e) Expedited Appeals of Certain Determinations.--The Secretary \nshall provide by regulation for an expedited procedure for the review \nof the nonapproval of an employer's job offer pursuant to subsection \n(c)(2) and of the denial of certification in whole or in part pursuant \nto subsection (c)(3) or, at the applicant's request, a de novo \nadministrative hearing respecting the nonapproval or denial.''.\n\nSEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS.\n\n Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) \nis amended--\n (1) by redesignating subsections (f) through (i) as \n subsections (g) through (j), respectively; and\n (2) by adding the following after subsection (e):\n ``(f) Procedures for the Consideration of H-2A Petitions.--The \nfollowing procedures shall apply to the consideration of petitions by \nthe Attorney General under this section:\n ``(1) Expedited processing of petitions.--The Attorney \n General shall provide an expedited procedure for the \n adjudication of petitions filed under this section, and the \n notification of visa-issuing consulates where aliens seeking \n admission under this section will apply for visas and\/or ports \n of entry where aliens will seek admission under this section \n within 15 calendar days from the date such petition is filed by \n the employer.\n ``(2) Expedited amendments to petitions.--The Attorney \n General shall provide an expedited procedure for the amendment \n of petitions to increase the number of workers on or after five \n days before the employers date of need for the labor or \n services involved in the petition to replace referred workers \n whose continued availability for work at the time and place \n needed under the terms of the approved job offer can not be \n confirmed and to replace referred workers who fail to report \n for work on the date of need and replace referred workers who \n abandon their employment or are terminated for cause, and for \n which replacement workers are not immediately available \n pursuant to subsection (b)(6).''.\n\nSEC. 6. LIMITATION ON EMPLOYER LIABILITY.\n\n Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and \nNationality Act is amended--\n (1) by redesignating paragraph (2) as paragraph (2)(A); and\n (2) by inserting after paragraph (2)(A) the following:\n ``(B) No employer shall be subject to any liability or \n punishment on the basis of an employment action or practice by \n such employer that conforms with the terms and conditions of a \n job offer approved by the Secretary pursuant to this section, \n unless and until the employer has been notified that such \n certification has been amended or invalidated by a final order \n of the Secretary or of a court of competent jurisdiction.''.\n\nSEC. 7. LIMITATION ON JUDICIAL REMEDIES.\n\n Section 218(h) of the Immigration and Nationality Act (8 U.S.C. \n1188(h)) is amended by adding at the end thereof the following:\n ``(3) No court of the United States shall have jurisdiction \n to issue any restraining order or temporary or permanent \n injunction preventing or delaying the issuance by the Secretary \n of a certification pursuant to this section, or the approval by \n the Attorney General of a petition to import an alien as an H-\n 2A worker, or the actual importation of any such alien as an H-\n 2A worker following such approval by the Attorney General.''.","summary":"Amends the Immigration and Nationality Act to revise the temporary agricultural worker program with respect to: (1) H-2A petition considerations and approvals, (2) labor certification denial, (3) reduction in deadline filing, (4) expedited appeal of certain decisions, and (5) limitations on employer liability and judicial remedies.","title":"A bill to amend the Immigration and Nationality Act with respect to the admission of temporary H-2A workers.","text_len":14663,"sum_len":333} {"bill_id":"114_hr4461","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Employee Rights Act''.\n\nSEC. 2. LABOR ORGANIZATION DUES.\n\n (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United \nStates Code, is amended by striking section 7115 and inserting the \nfollowing:\n``Sec. 7115. Labor organization dues\n ``(a) Dues Not Deductible From Pay.--\n ``(1) In general.--An agency may not deduct any amount from \n the pay of an employee for the dues of a labor organization.\n ``(2) Restriction.--Appropriated funds may not be used to \n pay an employee who makes deductions described in paragraph \n (1).\n ``(3) Definition.--For purposes of this subsection, the \n term `agency' means--\n ``(A) an Executive agency (as defined in section \n 105), the United States Postal Service, and the Postal \n Regulatory Commission;\n ``(B) an office, agency, or other establishment in \n the legislative branch;\n ``(C) an office, agency, or other establishment in \n the judicial branch; and\n ``(D) the government of the District of Columbia.\n ``(b) Prohibition on Use of Dues for Political Purposes.--\n ``(1) In general.--Employee dues collected by a labor \n organization pursuant to this chapter may not be used for any \n purpose not directly related to the organization's collective \n bargaining activities on behalf of the employee under this \n chapter unless, after a notice period of not less than 35 days, \n the employee authorizes such use in writing.\n ``(2) Expiration.--An authorization under paragraph (1) \n shall--\n ``(A) expire not later than 1 year after the date \n on which such authorization is signed by the employee; \n and\n ``(B) not provide for an automatic renewal of any \n authorization under this subsection.''.\n (b) Postal Service Amendment.--Section 1205 of title 39, United \nStates Code, is amended to read as follows:\n``Sec. 1205. Prohibition on use of dues for political purposes\n ``(a) Employee dues collected by a labor organization pursuant to \nthis chapter may not be used for any purpose not directly related to \nthe organization's collective bargaining activities on behalf of the \nemployee under this chapter unless, after a notice period of not less \nthan 35 days, the employee authorizes such use in writing.\n ``(b) An authorization under subsection (a) shall--\n ``(1) expire not later than 1 year after the date on which \n such authorization is signed by the employee; and\n ``(2) not provide for an automatic renewal of any \n authorization under this subsection.''.\n (c) Clerical Amendments.--\n (1) Title 5.--The table of sections at the beginning of \n chapter 71 of title 5, United States Code, is amended by \n striking the item relating to section 7115 and inserting the \n following:\n\n``7115. Labor organization dues.''.\n (2) Title 39.--The table of sections at the beginning of \n chapter 12 of title 39, United States Code, is amended by \n striking the item relating to section 1205 and inserting the \n following:\n\n``1205. Prohibition on use of dues for political purposes.''.\n (d) Effective Dates; Transition Provisions.--\n (1) Effective date.--The amendments made by this section \n shall take effect on the date of enactment of this section.\n (2) Transition provisions.--\n (A) Current deductions for dues of an exclusive \n representative.--Nothing in this section shall, in the \n case of an assignment received before the date of \n enactment of this section under subsection (a) of \n section 7115 of title 5, United States Code (as then in \n effect), cause the termination of such assignment \n before--\n (i) the date on which such assignment is \n revoked, in accordance with the last sentence \n of such subsection (a) (as last in effect \n before such date of enactment); or\n (ii) if earlier, the date determined under \n paragraph (1) or (2) of subsection (b) of such \n section 7115 (as last in effect before such \n date of enactment).\n (B) Current deductions for dues of other labor \n organizations.--Nothing in this section shall, in the \n case of a voluntary allotment made before the date of \n enactment of this section under subsection (c) of \n section 7115 of title 5, United States Code (as then in \n effect), cause the termination of such allotment before \n the date on which the underlying agreement (under \n authority of which such allotment is being made) ceases \n to have effect, whether by reason of section \n 7115(c)(2)(B) of such title 5 (as last in effect before \n such date of enactment) or otherwise.\n (C) Current deductions for dues of a labor \n organization from postal service employees.--Nothing in \n this section shall, in the case of a written assignment \n received before the date of enactment of this section \n under section 1205 of title 39, United States Code (as \n then in effect), cause the termination of such \n assignment before the date on which such assignment--\n (i) is revoked in accordance with such \n section (as last in effect before such date of \n enactment); or\n (ii) otherwise expires.\n (3) Nonrenewability.--\n (A) In general.--An agreement between an agency and \n a labor organization, entered into before the date of \n enactment of this section under subsection (a) or (c) \n of section 7115 of such title 5 (as then in effect), \n shall not, to the extent that it relates to deductions \n for the payment of dues of such labor organization, be \n subject to renewal or extension.\n (B) Postal service.--A written assignment received \n by the United States Postal Service under section 1205 \n of title 39, United States Code (as then in effect) or \n an agreement between the United States Postal Service \n and any organization of employees in effect pursuant to \n 1205(b) of such title (as then in effect), shall not, \n to the extent that it relates to deductions for the \n payment of dues of such organization, be subject to \n renewal or extension.\n (4) Definitions.--For purposes of this subsection, the \n terms ``agency'', ``exclusive representative'', and ``labor \n organization'' have the respective meanings given such terms in \n section 7103 of title 5, United States Code.\n\nSEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.\n\n (a) In General.--Section 7111 of title 5, United States Code, is \namended--\n (1) in subsection (a), by striking ``who cast valid ballots \n in the election'';\n (2) in subsection (b)(1)(A), by striking ``30 percent'' and \n inserting ``more than 50 percent''; and\n (3) in subsection (f)(4), by striking ``voting'' and insert \n ``in the appropriate unit''.\n (b) Postal Service Amendments.--Section 1203 of title 39, United \nStates Code, is amended--\n (1) in subsection (c)(1), by striking ``a substantial \n number of employees'' and inserting ``a majority of employees \n in a unit''; and\n (2) in subsection (d), by striking ``30 percent'' and \n inserting ``more than 50 percent''.\n (c) Application.--The amendments made by subsections (a) and (b) \nshall apply to any applicable election or petition filed after the date \nof enactment of this Act.\n\nSEC. 4. USE OF PERSONAL INFORMATION.\n\n (a) In General.--Section 7111 of title 5, United States Code, is \namended by adding at the end the following:\n ``(h) During any organizing activity conducted under this chapter, \nan employee may elect, in writing, to withhold the employee's personal \ninformation from a labor organization.''.\n (b) Postal Service Amendment.--Section 1203 of title 39, United \nStates Code, is further amended by adding at the end the following:\n ``(f) During any organizing activity conducted under this chapter, \nan employee may elect, in writing, to withhold the employee's personal \ninformation from a labor organization.''.\n\nSEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.\n\n (a) In General.--Section 7111(d) of title 5, United States Code, is \namended by adding at the end after the period the following: ``Any \nelection under this chapter shall be a secret paper ballot election.''.\n (b) Postal Service Amendment.--Section 1204(a) of title 39, United \nStates Code, is amended by adding at the end after the period the \nfollowing: ``Any election under this chapter shall be a secret paper \nballot election.''.","summary":"Federal Employee Rights Act This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the US Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization. The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization. The bill requires a vote of more than 50 of all employees to approve union representation and extends this requirement to postal service employees. An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity. The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots.","title":"Federal Employee Rights Act","text_len":9686,"sum_len":1048} {"bill_id":"114_hr3214","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Icebreaker Fund Act of \n2015''.\n\nSEC. 2. NATIONAL ICEBREAKER FUND.\n\n (a) Establishment of Fund.--Chapter 15 of title 14, United States \nCode, is amended--\n (1) by redesignating subchapter III as subchapter IV;\n (2) by redesignating section 581 as section 591; and\n (3) by inserting after chapter II the following:\n\n ``SUBCHAPTER III--ICEBREAKERS\n\n``Sec. 581. National Icebreaker Fund\n ``(a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the `National Icebreaker Fund'.\n ``(b) Use.--\n ``(1) Authorized purposes.--Amounts in the Fund shall be \n available for obligation and expenditure by the Secretary only \n for the following purposes:\n ``(A) Construction, alteration, and renovation of \n icebreakers for the Coast Guard, including design work \n related to construction, alteration, and renovation.\n ``(B) Lease or charter of icebreakers for the Coast \n Guard.\n ``(2) Authorization required.--Amounts in the Fund may be \n obligated or expended only in amounts authorized by law.\n ``(c) Deposits.--There shall be deposited in the Fund the \nfollowing:\n ``(1) All funds appropriated to the department in which the \n Coast Guard is operating for--\n ``(A) construction, alteration, and renovation of \n icebreakers, including design work related to \n construction, alteration, and renovation; or\n ``(B) lease or charter of icebreakers.\n ``(2) All receipts from the disposition of icebreakers by \n the Federal Government.\n ``(3) Unobligated funds that are transferred to the Fund \n under subsection (d).\n ``(4) Contributions of money, and proceeds of other \n contributions, accepted under subsection (e).\n ``(5) All funds appropriated to the Department of Defense \n or any other Federal agency for--\n ``(A) construction, alteration, and renovation of \n icebreakers, including design work related to \n construction, alteration, and renovation; or\n ``(B) lease or charter of icebreakers.\n ``(d) Transfers.--At the end of any fiscal year, the Secretary may \ntransfer to the Fund any unobligated funds remaining from funds under \nthe administrative control of the Secretary.\n ``(e) Acceptance of Support.--\n ``(1) In general.--The Secretary may accept from any \n person, foreign government, or international organization any \n contribution of money, personal property, or assistance in-kind \n for support of icebreaking in the polar regions.\n ``(2) Use.--Any contribution accepted under paragraph (1) \n may be retained and used by the Secretary of the department in \n which the Coast Guard is operating or disposed of in accordance \n with procedures prescribed by the Secretary, subject to the \n limitations in subsection (f) and paragraph (3) of this \n subsection.\n ``(f) Limitations on Use of Funds.--\n ``(1) Foreign vessels.--Amounts in the Fund may not be used \n to lease, charter, construct, alter, renovate, or in any other \n way acquire any vessel built in a shipyard located in a foreign \n country, unless specifically authorized by law.\n ``(2) Construction, alteration, and renovation in united \n states; vessel design requirements.--Amounts in the Fund may \n not be used to construct, alter, or renovate a vessel in any \n shipyard other than a shipyard in the United States.\n ``(3) Purpose of expenditures.--The Secretary may--\n ``(A) expend from the Fund amounts deposited under \n paragraphs (1), (2), and (3) of subsection (c), only \n for the lease, charter, construction, alteration, or \n renovation of icebreakers capable of search and rescue, \n saving of life at sea, maritime safety and security, \n drug and migrant interdiction, fisheries law \n enforcement, and environmental response in the Arctic; \n and\n ``(B) expend from the Fund the amounts deposited \n under paragraphs (4) and (5) of subsection (c), for--\n ``(i) activities described in subparagraph \n (A); or\n ``(ii) additional capabilities that are--\n ``(I) necessary to carry out \n national defense missions; or\n ``(II) for missions related to \n research and resupply in the Antarctic.\n ``(g) Expiration of Appropriated Funds After 10 Years.--No part of \nan appropriation that is deposited in the Fund under subsection (c)(1) \nshall remain available for obligation more than 10 years after the end \nof fiscal year for which appropriated, except to the extent \nspecifically provided by law.\n ``(h) Budget Requests.--Budget requests submitted to Congress for \nthe Fund shall separately identify--\n ``(1) the amount requested for programs, projects, and \n activities for construction, alteration, and renovation of \n icebreakers; and\n ``(2) the amount requested for programs, projects, and \n activities for lease or charter of icebreakers;\n ``(i) Definitions.--In this section:\n ``(1) The term `Fund' means the National Icebreaker Fund \n established by subsection (a).\n ``(2) The term `icebreaker' means an icebreaker capable of \n operations in polar regions.''.\n (b) Clerical Amendment.--The analysis for such chapter is amended \nby striking the items relating to subchapter III and inserting the \nfollowing:\n\n ``subchapter iii. icebreakers\n\n``Sec. 581. National Icebreaker Fund\n ``subchapter iv. definitions\n\n``Sec. 591. Definitions.''.\n\nSEC. 3. INTERNATIONAL AGREEMENT.\n\n The Secretary of the department in which the Coast Guard is \noperating, in consultation with the Secretary of State and the Director \nof the National Science Foundation, shall enter into an agreement with \nnations that operate facilities in Antarctica to establish a mechanism \nto provide icebreaking services necessary to supply those facilities by \nconstructing, leasing or chartering, renovating, operating, or \nmaintaining an icebreaker capable of performing such services.","summary":"National Icebreaker Fund Act of 2015 This bill establishes the National Icebreaker Fund, which shall be available for obligation and expenditure only for construction, alteration, renovation, and the lease or charter of icebreakers for the Coast Guard. There shall be deposited into the Fund: (1) all funds appropriated to any federal agency for construction, alteration, renovation, or the lease or charter of icebreakers. And (2) all receipts from the disposition of icebreakers by the federal government. Amounts in the Fund may not be used to: (1) lease, charter, construct, alter, renovate, or otherwise acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law. Or (2) construct, alter, or renovate a vessel in any shipyard other than a US shipyard. Amounts in the Fund may be expended for: (1) the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic. And (2) additional capabilities that are necessary to carry out national defense missions or for missions related to research and resupply in the Antarctic. The Secretary of the department in which the Coast Guard is operating shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker.","title":"National Icebreaker Fund Act of 2015","text_len":6816,"sum_len":1602} {"bill_id":"114_s2119","text":"OF IRAN'S PAST MILITARY DIMENSIONS OF \n IRAN'S NUCLEAR PROGRAM.\n\n Not later than 30 calendar days after the IAEA submits its final \nassessment on the resolution on all past and present outstanding issues \nrelated to Iran's nuclear program to the Board of Governors, the \nPresident shall submit to the appropriate congressional committees and \nleadership a detailed report on the IAEA's report to the Board of \nGovernors, and shall provide to the appropriate congressional \ncommittees and leadership a briefing, in a classified setting as \nnecessary, on how outstanding issues were resolved by the IAEA.\n\nSEC. 13. STATEMENT OF POLICY ON EFFECTIVE RE-IMPOSITION OF SANCTIONS.\n\n (a) Finding.--There is a wide range of national and multilateral \ntools, including the re-imposition of sanctions, available to the \nUnited States and United States partners, including European allies, \nshould Iran fail to meet its JCPOA commitments.\n (b) Statements of Policy.--\n (1) The United States is prepared to enforce any violation \n of the JCPOA.\n (2) The United States should continue to ensure that a \n range of national and multilateral tools remain available to \n respond to non-performance by Iran of its JCPOA commitments.\n (3) The United States will continue to leverage the \n commitments of its European allies to join in re-imposing \n sanctions in a calibrated manner as appropriate in the event \n Iran violates the JCPOA incrementally.\n\nSEC. 14. UNITED STATES COORDINATOR FOR THE JOINT COMPREHENSIVE PLAN OF \n ACTION.\n\n (a) Designation.--The President shall designate within the \nDepartment of State a special coordinator for implementation of and \ncompliance with the Joint Comprehensive Plan of Action regarding the \nIran's nuclear program (in this section referred to as the \n``Coordinator'').\n (b) Status.--The role of the Coordinator should be filled by an \nofficial of the Department of State appointed by and serving at the \npleasure of the President.\n (c) Duties.--The Coordinator shall carry out the following duties:\n (1) Coordinate all activities related to implementation of \n the Joint Comprehensive Plan of Action, including--\n (A) activities of the United States Government \n necessary for implementation of the Joint Comprehensive \n Plan of Action;\n (B) activities of the United States Government to \n monitor all elements of the implementation of the JCPOA \n by Iran and track all incidences of noncompliance with \n the JCPOA; and\n (C) with the Secretary of Energy, activities of the \n United States Government with respect to the JCPOA that \n involve the International Atomic Energy Agency and \n other nongovernmental or multilateral organizations, as \n appropriate.\n (2) Coordinate with the Department of the Treasury and \n other agencies as appropriate--\n (A) to ensure the continued comprehensive \n investigation and designation of persons providing \n support for, or otherwise facilitating, the ability of \n the Government of Iran--\n (i) to acquire, develop, or engage in the \n proliferation of ballistic missiles or cruise \n missiles;\n (ii) to support, directly or indirectly, \n acts of international terrorism; or\n (iii) to commit human rights abuses; and\n (B) to assess and report on the use by the \n Government of Iran of funds made available through \n sanctions relief.\n (d) Consultations.--The Coordinator shall consult with Congress, \ndomestic and international nongovernmental organizations, and \nmultilateral organizations and institutions as the Coordinator \nconsiders appropriate to fulfill the purposes of this section.\n\nSEC. 15. UNIFIED POLICY ON ARMS AND BALLISTIC AND CRUISE MISSILE SALES \n TO IRAN.\n\n It is the sense of Congress that Iran should continue to be \nprohibited from undertaking any activity related to ballistic or cruise \nmissiles capable of delivering nuclear weapons, including launches \nusing ballistic or cruise missile technology, and United Nations member \nstates should take all necessary measures to prevent the transfer of \ntechnology or technical assistance to Iran related to such activities.\n\nSEC. 16. INTERNATIONAL ATOMIC ENERGY AGENCY.\n\n (a) Sense of Congress.--It is the sense of Congress that the \nInternational Atomic Energy Agency (IAEA) must have sufficient funding, \nmanpower, and authority to undertake its verification responsibilities \nrelated to the JCPOA or any other related agreement, and the President \nshould engage with international partners to ensure that the IAEA \nreceives the full additional $10,600,000 per year necessary to fulfill \nits verification responsibilities under the JCPOA or any other related \nagreement.\n (b) Report.--Not later than January 10, 2016, and every 180 days \nthereafter, the President shall submit to the appropriate congressional \ncommittees a report outlining efforts with international partners to \nachieve the goal in subsection (a) and identifying impediments to \nachieving the goal.\n (c) Authorization.--There are authorized to be appropriated for \nfiscal years 2016 through 2026 such sums as may be necessary to meet \nthe United States annual funding commitments to the IAEA as well as the \nUnited States portion of additional funds needed for the IAEA to \nfulfill its verification responsibilities under the JCPOA or any other \nrelated agreement.\n\nSEC. 17. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Relations, the \n Committee on Banking, Housing, and Urban Affairs, and \n the Select Committee on Intelligence of the Senate; and\n (B) the Committee on Foreign Affairs, the Committee \n on Financial Services, and the Permanent Select \n Committee on Intelligence of the House of \n Representatives.\n (2) Appropriate congressional committees and leadership.--\n The term ``appropriate congressional committees and \n leadership'' means the appropriate congressional committees, \n the Majority and Minority Leaders of the Senate, and the \n Speaker, Majority Leader, and Minority Leader of the House of \n Representatives.\n (3) Joint comprehensive plan of action.--The term ``Joint \n Comprehensive Plan of Action'' means the Joint Comprehensive \n Plan of Action signed at Vienna on July 14, 2015, by Iran and \n by France, Germany, the Russian Federation, the People's \n Republic of China, the United Kingdom, and the United States, \n and all implementing materials and agreements related to the \n Joint Comprehensive Plan of Action.\n (4) Intelligence community.--The term ``intelligence \n community'' means the intelligence community specified in or \n designated under section 3(4) of the National Security Act of \n 1947 (50 U.S.C. 3003(4)).","summary":"Iran Policy Oversight Act of 2015 This bill directs the Department of State, the Department of Defense, the Department of the Treasury, and the Director of National Intelligence to submit to Congress every two years a joint 10-year strategy to counter Iranian activities in the Middle East, North Africa, and beyond. The President is authorized to: take appropriate measures to enhance Israel's qualitative military edge, deter Iranian conventional and nuclear threats, and counter non-peaceful Iranian nuclear activities. Provide any additional foreign military financing to Israel in FY2018-FY2028 to address Iranian threats. And accelerate co-development and support Israeli development of missile defense systems, and to engage in discussions to bolster Israel's conventional deterrent and deepen intelligence cooperation. The President shall provide assistance to ensure Israel's qualitative military edge and deter Iranian conventional and nuclear threats. It is the sense of Congress that Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic or cruise missile proliferation, terrorism, and human rights abuses, and to ensure effective re-imposition of sanctions in the event of Iran's violation or breach of the Joint Comprehensive Plan of Action (JCPOA). US property sanctions shall be continued against Iranian personsentities engaged in the proliferation of weapons of mass destruction, including missile proliferation, terrorism, or human rights abuses, until the President makes public a notification that justifies lifting sanctions. The President shall report to Congress every 180 days regarding specified uses of funds by Iran received as part of sanctions relief under the JCPOA. If the President determines that Iran has directed or conducted an act of terrorism against the United States or that Iran has substantially increased its operational or financial support for a terrorist organization that threatens US interests or allies, there shall be an expedited procedure for congressional approval of new sanctions against Iran. The Atomic Energy Act of 1954 is amended to require the President to report to Congress every 180 days regarding Iranian research and development and breakout times. The President shall designate within the State Department a special coordinator for implementation of and compliance with the JCPOA regarding the Iran's nuclear program. It is the sense of Congress that: Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons. And the International Atomic Energy Agency must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement.","title":"Iran Policy Oversight Act of 2015","text_len":7568,"sum_len":2867} {"bill_id":"106_hr1851","text":"SECTION 1. SHORT TITLE; REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Hazard Reporting \nProtection Act of 1999''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made in a section or \nother provision of the Occupational Safety and Health Act of 1970 (29 \nU.S.C. 651 et seq.)\n\nSEC. 2. EMPLOYEE ACTIONS.\n\n Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the \nend the following: ``including reporting any injury, illness or unsafe \ncondition.''\n\nSEC. 3. PROHIBITION OF DISCRIMINATION.\n\n Section 11(c) (29 U.S.C. 660(c)) is amended by striking out \nparagraph (2) and inserting in lieu thereof the following:\n ``(2) No person shall discharge or in any manner \n discriminate against an employee for refusing to perform the \n employee's duties when the employee has a reasonable \n apprehension that performing such duties would result in \n serious injury or serious impairment of health to the employee \n or other employees. The circumstances causing the employee's \n apprehension of serious injury must be of such a nature that a \n reasonable person would conclude that there is a danger of \n serious injury or serious impairment of health. In order to \n qualify for protection, where possible, the employee must have \n communicated to his employer the danger perceived.''.\n\nSEC. 4. PROCEDURE.\n\n Section 11(c) (29 U.S.C. 660(c)) is amended by striking out \nparagraph (3) and inserting in lieu thereof the following:\n ``(3) Any employee who believes that he has been \n discharged, disciplined, or otherwise discriminate against in \n violation of paragraph (1) or (2) may, within 180 days after \n such alleged violation occurs, file (or have filed by any \n person on the employee's behalf) a complaint with the Secretary \n alleging such discharge, discipline, or discrimination. Upon \n receipt of such a complaint, the Secretary shall notify the \n person named in the complaint of the filing of the complaint.\n ``(4)(A) Within 90 days of receipt of a complaint filed \n under paragraph (3), the Secretary shall conduct an \n investigation and determine whether there is reasonable cause \n to believe that the complaint has merit and notify the \ncomplainant and the person alleged to have committed the violation of \nparagraph (1) or (2) of the Secretary's findings. Where the Secretary \nhas concluded that there is reasonable cause to believe that a \nviolation has occurred, the Secretary's findings shall be accompanied \nby a preliminary order providing the relief prescribed by paragraph \n(D).\n ``Thereafter,\n ``(i) the person alleged to have committed the \n violation or the complainant may, within 30 days, file \n objections to the findings or preliminary order, or \n both, and request a hearing on the record, except that \n the filing of such objections shall not operate to stay \n any reinstatement remedy contained in the preliminary \n order.\n ``(ii) Where a hearing is not timely requested, the \n preliminary order shall be deemed a final order which \n is not subject to judicial review.\n ``(B) If the Secretary has not issued findings under \n paragraph (4)(A) within 90 days, and the employee or \n representative of the employee files a request for a hearing \n with the Secretary, the Secretary shall afford an opportunity \n for a hearing on the record.\n ``(C) When requested, a hearing shall be conducted by an \n administrative law judge of the Department of Labor and a \n recommended decision and order issued expeditiously. The legal \n burdens of proof that prevail under section 1221 of title 5, \n United States Code, shall govern adjudication of violations \n under this subsection. The Secretary shall issue a final order \n within 120 days of the issuance of the recommended decision. In \n the interim, such proceedings may be terminated at any time on \n the basis of a settlement agreement entered into by the \n Secretary, the complainant, and the person alleged to have \n committed the violation.\n ``(D) If, in response to a complaint filed under paragraph \n (3), the Secretary determines that a violation of paragraphs \n (1) or (2) has occurred, the Secretary may order--\n ``(i) the person who committed such violation to \n correct the violation,\n ``(ii) such person to reinstate the complainant to \n the complainant's former position together with the \n compensation (including back pay), terms, conditions, \n and privileges of the position,\n ``(iii) compensatory damages, and\n ``(iv) exemplary damages.\n Upon issuance of such an order, the Secretary may assess \n against the person against whom the order is issued a sum equal \n to the aggregate amount of all costs and expenses (including \nattorney's fees and expert witness fees) reasonably incurred, as \ndetermined by the Secretary, by the complainant for, or in connection \nwith, the bringing of the complaint upon which the order was issued, \nincluding costs and expenses incurred upon review before a court of \nappeals.\n ``(E) In conducting an investigation or adjudication under \n this paragraph, the provisions of section 8(b) of this act \n shall apply.\n ``(5)(A) Any person adversely affected or aggrieved by a \n final order issued under paragraph (4)(C) may obtain review of \n the order before the United States court of appeals for the \n circuit in which the violation, with respect to which the order \n was issued, occurred, or the circuit in which such person \n resided on the date of such violation. The petition for review \n must be filed within 60 days from the issuance of the \n Secretary's order. Such review shall be in accordance with the \n provisions of chapter 7 of title 5, United States Code. An \n order of the Secretary subject to review under this subsection \n is not subject to judicial review in a criminal or other civil \n proceeding. The commencement proceedings under this subsection \n shall not, unless ordered by the court, operate as a stay of \n the order of the Secretary.\n ``(B) Whenever a person has failed to comply with a final \n order or an order of reinstatement issued under paragraph (4), \n the Secretary or the person on behalf of whom the order was \n issued may file a civil action in the United States district \n court for the district in which the violation was found to \n occur in order to enforce such order. In actions brought under \n this subparagraph, the district court shall have jurisdiction \n to grant additional appropriate relief in light of the \n noncompliance.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act shall take effect ninety days after the date of enactment \nof this Act.","summary":"Hazard Reporting Protection Act of 1999 - Amends the Occupational Safety and Health Act of 1970 to revise and expand protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. Includes reporting any injury, illness or unsafe condition among those employee actions in exercise of their rights under the Act for which employers are prohibited from discharging or otherwise discriminating against them. Prohibits discharging or discriminating against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. Allows discrimination complaints to be filed by other persons on behalf of employees, or directly by employees. Extends from 30 to 180 days the deadline for filing a complaint after an alleged violation. Requires a preliminary order providing relief to accompany any findings of the Secretary of Labor that there is reasonable cause to believe that a violation has occurred. Authorizes the Secretary to order various types of preliminary and final relief, including correction of violations, reinstatement, compensatory and exemplary damages, and payment of legal costs. Sets forth administrative and judicial review procedures.","title":"Hazard Reporting Protection Act of 1999","text_len":7513,"sum_len":1358} {"bill_id":"111_s1096","text":"SECTION 1. ENERGYGRANT COMPETITIVE EDUCATION PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy, acting through the Director appointed under \n subsection (c).\n (3) State.--The term ``State'' means--\n (A) a State;\n (B) the District of Columbia;\n (C) the Commonwealth of Puerto Rico; and\n (D) any other territory or possession of the United \n States.\n (b) Establishment.--The Secretary shall establish and carry out a \nprogram to awards grants, on a competitive basis, to each consortium of \ninstitutions of higher education operating in each of the regions \nestablished under subsection (d) to conduct research, extension, and \neducation programs relating to the energy needs of the regions.\n (c) Director.--The Secretary shall appoint a Director to carry out \nthe program established under this section.\n (d) Grants.--\n (1) In general.--The Secretary shall use amounts made \n available under this section to award grants, on a competitive \n basis, to each consortium of institutions of higher education \n located in each of at least 6 regions established by the \n Secretary that, collectively, cover all States.\n (2) Manner of distribution.--\n (A) In general.--Except as provided in subparagraph \n (B), in making grants for a fiscal year under this \n section, the Secretary shall award grants to each \n consortium of institutions of higher education in equal \n amounts for each region of not less than $50,000,000 \n for each region.\n (B) Territories and possessions.--The Secretary may \n adjust the amount of grants awarded to a consortium of \n institutions of higher education in a region under this \n section if the region contains territories or \n possessions of the United States.\n (3) Plans.--As a condition of an initial grant under this \n section, a consortium of institutions of higher education in a \n region shall submit to the Secretary for approval a plan that--\n (A) addresses the energy needs for the region; and\n (B) describes the manner in which the proposed \n activities of the consortium will address those needs.\n (4) Failure to comply with requirements.--If the Secretary \n finds on the basis of a review of the annual report required \n under subsection (g) or on the basis of an audit of a \n consortium of institutions of higher education conducted by the \n Secretary that the consortium has not complied with the \n requirements of this section, the consortium shall be \n ineligible to receive further grants under this section for \n such period of time as may be prescribed by the Secretary.\n (e) Use of Funds.--\n (1) Competitive grants.--\n (A) In general.--A consortium of institutions of \n higher education in a region that is awarded a grant \n under this section shall use the grant to conduct \n research, extension, and education programs relating to \n the energy needs of the region, including--\n (i) the promotion of low-carbon clean and \n green energy and related jobs that are \n applicable to the region;\n (ii) the development of low-carbon green \n fuels to reduce dependency on oil;\n (iii) the development of energy storage and \n energy management innovations for intermittent \n renewable technologies; and\n (iv) the accelerated deployment of \n efficient-energy technologies in new and \n existing buildings and in manufacturing \n facilities.\n (B) Administration.--\n (i) In general.--Subject to clauses (ii) \n through (vi), the Secretary shall make grants \n under this paragraph in accordance with section \n 989 of the Energy Policy Act of 2005 (42 U.S.C. \n 16353).\n (ii) Priority.--A consortium of \n institutions of higher education in a region \n shall give a higher priority to programs that \n are consistent with the plan approved by the \n Secretary for the region under subsection \n (d)(3).\n (iii) Term.--A grant awarded to a \n consortium of institutions of higher education \n under this section shall have a term that does \n not exceed 5 years.\n (iv) Cost-sharing requirement.--As a \n condition of receiving a grant under this \n paragraph, the Secretary shall require the \n recipient of the grant to share costs relating \n to the program that is the subject of the grant \n in accordance with section 988 of the Energy \n Policy Act of 2005 (42 U.S.C. 16352).\n (v) Buildings and facilities.--Funds made \n available for grants under this section shall \n not be used for the construction of a new \n building or facility or the acquisition, \n expansion, remodeling, or alteration of an \n existing building or facility (including site \n grading and improvement and architect fees).\n (vi) Limitation on indirect costs.--A \n consortium of institutions of higher education \n may not recover the indirect costs of using \n grants under subparagraph (A) in excess of the \n limits established under paragraph (2).\n (C) Federally funded research and development \n centers.--\n (i) In general.--A federally funded \n research and development center may be a member \n of a consortium of institutions of higher \n education that receives a grant under this \n section.\n (ii) Scope.--The Secretary shall ensure \n that the scope of work performed by a single \n federally funded research and development \n center in the consortium is not more \n significant than the scope of work performed by \n any of the other academic institutions of \n higher education in the consortium.\n (2) Administrative expenses.--A consortium of institutions \n of higher education may use up to 15 percent of the funds \n described in subsection (d) to pay administrative and indirect \n expenses incurred in carrying out paragraph (1), unless \n otherwise approved by the Secretary.\n (f) Grant Information Analysis Center.--A consortium of \ninstitutions of higher education in a region shall maintain an Energy \nAnalysis Center at 1 or more of the institutions of higher education to \nprovide the institutions of higher education in the region with \nanalysis and data management support.\n (g) Annual Reports.--Not later than 90 days after the end of each \nfiscal year, a consortium of institutions of higher education receiving \na grant under this section shall submit to the Secretary a report that \ndescribes the policies, priorities, and operations of the program \ncarried out by the consortium of institutions of higher education under \nthis section during the fiscal year.\n (h) Administration.--Not later than 180 days after the date of \nenactment of this Act, the Secretary shall establish such criteria and \nprocedures as are necessary to carry out this section.\n (i) Coordination.--The Secretary shall coordinate with the \nSecretary of Agriculture and the Secretary of Commerce each activity \ncarried out under the program under this section--\n (1) to avoid duplication of efforts; and\n (2) to ensure that the program supplements and does not \n supplant--\n (A) the Sun Grant program established under section \n 7526 of the Food, Conservation, and Energy Act of 2008 \n (7 U.S.C. 8114); and\n (B) the national Sea Grant college program carried \n out by the Administrator of the National Oceanic and \n Atmospheric Administration.\n (j) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out--\n (1) this section $300,000,000 for each of fiscal years 2010 \n through 2014; and\n (2) the activities of the Department of Energy (including \n biomass and bioenergy feedstock assessment research) under the \n Sun Grant program established under section 7526 of the Food, \n Conservation, and Energy Act of 2008 (7 U.S.C. 8114) \n $15,000,000 for each of fiscal years 2010 through 2014.","summary":"Directs the Secretary of Energy to award competitive matching grants to consortia of institutions of higher education (IHEs) located in at least six regions covering all the states to conduct research, extension, and education programs relating to the energy needs of such regions. Includes among such needs: (1) the promotion of low-carbon clean and green energy and related jobs. (2) the development of low-carbon green fuels to reduce dependency on oil. (3) the development of energy storage and energy management innovations for intermittent renewable technologies. And (4) the accelerated deployment of efficient-energy technologies in buildings and manufacturing facilities. Allows federally funded research and development centers to be members of such consortia. Requires each grantee to maintain an Energy Analysis Center to provide the IHEs in the region with analysis and data management support. Authorizes appropriations for this Act's grant program and the Department of Energy's Sun Grant program, which supports research involving bioenergy and biofuels production.","title":"A bill to require the Secretary of Energy to establish an EnergyGrant Competitive Education Program to competitively award grants to consortia of institutions of higher education in regions to conduct research, extension, and education programs relating to the energy needs of the region.","text_len":10056,"sum_len":1081} {"bill_id":"107_s1584","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Integrity of the United States \nCourts Act of 2001''.\n\nSEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.\n\n (a) In General.--Subtitle A of title IV of the North American Free \nTrade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended \nby inserting after section 404 the following new section:\n\n``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.\n\n ``(a) Basis for Review in Court of International Trade.--\n ``(1) In general.--If, within 30 days after publication in \n the Federal Register of notice that a binational panel has \n issued a determination following a review under article 1904 of \n a decision of a competent investigating authority in the United \n States, a party or person within the meaning of paragraph 5 of \n article 1904 alleges that--\n ``(A)(i) the determination of the panel was based \n on a misinterpretation of United States law;\n ``(ii) a member of a panel was guilty of a gross \n misconduct, bias, or a serious conflict of interest, or \n otherwise materially violated the rules of conduct,\n ``(iii) the panel seriously departed from a \n fundamental rule of procedure, or\n ``(iv) the panel manifestly exceeded its powers, \n authority, or jurisdiction set out in article 1904, as \n in failing to apply the appropriate standard of review, \n and\n ``(B) any of the actions described in subparagraph \n (A) has materially affected the panel's decision and \n threatens the integrity of the binational panel review \n process,\n then such party or person may file an appeal with the United \n States Court of International Trade, seeking review of the \n binational panel determination, pursuant to section 516A of the \n Tariff Act of 1930.\n ``(2) Review in court of international trade where \n binational panel does not act.--If a request for a panel review \n has been made under article 1904 and a panel is not convened \n within 315 days of the request, the Party requesting the panel \n review or person within the meaning of paragraph 5 of article \n 1904 may file an appeal of the antidumping or countervailing \n duty determination with respect to which the request was filed \n with the United States Court of International Trade.\n ``(b) Decisions of the Court.--\n ``(1) In general.--In any appeal filed under subsection \n (a)(1) for review of a binational panel determination, the \n Court of International Trade shall, after examining the legal \n and factual analysis underlying the findings and conclusions of \n the panel's decision, determine whether any of the actions \n described in subsection (a)(1)(A) has been established. If the \n court finds that any of those actions has been established, the \n court shall vacate the original panel decision and enter \n judgment accordingly. If the actions are not established, the \n court shall affirm the original binational panel decision. \n Decisions of the Court of International Trade under this \n section shall be binding on the parties with respect to the \n matters between the parties that were before the panel.\n ``(2) Decisions where panel not convened.--In the case of \n an appeal filed under subsection (a)(2) for review of a \n determination of a competent investigating authority, the Court \n of International Trade shall, after examining the legal and \n factual analysis underlying the findings and conclusions of the \n investigating authority's determination, determine whether the \n determination was made in accordance with article 1904. If the \n court finds that the determination was not in accordance with \n article 1904 or is not supported by the legal and factual \n analysis, the court shall vacate the investigating authority's \n determination and enter judgment accordingly. If the court \n finds that the determination was in accordance with article \n 1904 and is supported by the legal and factual analysis, the \n court shall affirm the investigating authority's determination. \n Decisions of the Court of International Trade under this \n section shall be binding on the parties with respect to the \n matters between the parties that would have been before a panel \n had the panel been convened.\n ``(c) Exclusive Jurisdiction.--If a party or person within the \nmeaning of paragraph 5 of article 1904 timely files a notice of appeal \nto the Court of International Trade pursuant to this section, then \njurisdiction exclusively resides with the United States Court of \nInternational Trade, and such determinations are not subject to review \nby an extraordinary challenge committee under paragraph 13 of article \n1904.\n ``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to \nall goods from NAFTA countries which were subject to an antidumping \nduty or countervailing duty determination of a competent investigating \nauthority in the United States.''.\n (b) Conforming Amendment.--The table of contents of the North \nAmerican Free Trade Implementation Act is amended by inserting after \nthe item relating to section 404 the following:\n\n``Sec. 404A. Review of binational panel determinations.''.\n\nSEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.\n\n Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is \namended--\n (1) in subsection (a)(2)--\n (A) in subparagraph (A)(i)(I), by striking ``or \n (viii)'' and inserting ``(viii), (ix), or (x)''; and\n (B) in subparagraph (B), by adding at the end the \n following:\n ``(ix) A final determination of a \n binational panel convened pursuant to article \n 1904 of the NAFTA.\n ``(x) A final determination of an \n investigating authority described in section \n 404A(a)(2) of the North American Free Trade \n Agreement Implementation Act.'';\n (2) in subsection (a)(5), in the matter preceding \n subparagraph (A), by inserting ``(other than a determination \n described in subsection (g)(3)(A)(vii))'' after ``apply''; and\n (3) in subsection (g)(3)(A)--\n (A) in clause (v), by striking ``or'' at the end;\n (B) in clause (vi), by striking the period and \n inserting ``, or''; and\n (C) by adding at the end the following:\n ``(vii) a determination of which either a \n party or person within the meaning of paragraph \n 5 of article 1904 of the NAFTA has requested \n review pursuant to section 404A of the North \n American Free Trade Agreement Implementation \n Act.''.\n\nSEC. 4. APPLICATION TO CANADA AND MEXICO.\n\n Pursuant to article 1902 of the North American Free Trade Agreement \nand section 408 of the North American Free Trade Agreement \nImplementation Act, the amendments made by this Act shall apply with \nrespect to goods from Canada and Mexico.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply to any final \ndetermination of a binational panel convened pursuant to article 1904 \nof the North American Free Trade Agreement or to a final determination \nof a competent investigating authority with respect to which section \n404A(a)(2) of the North American Free Trade Agreement Implementation \nAct applies, notice of which is published in the Federal Register on or \nafter the date of enactment of this Act.","summary":"Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the US Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of US law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process. Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the US Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days. Amends the Tariff Act of 1930 to grant the US Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority. Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico.","title":"A bill to provide for review in the Court of International Trade of certain determinations of binational panels under the North American Free Trade Agreement.","text_len":8179,"sum_len":1293} {"bill_id":"105_hr1224","text":"SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF \n INTERNAL REVENUE.\n\n (a) President To Nominate New Commissioner From Individuals \nRecommended by Selection Commission.--Subsection (a) of section 7802 of \nthe Internal Revenue Code of 1986 (relating to Commissioner of Internal \nRevenue; Assistant Commissioners; Taxpayer Advocate) is amended by \ninserting ``from individuals recommended by the Selection Commission \nunder subsection (e)'' after ``appointed by the President''.\n (b) Selection Commission.--Section 7802 of such Code is amended by \nadding at the end the following new subsection:\n ``(e) Selection of Commissioner of Internal Revenue.--\n ``(1) In general.--When a vacancy occurs (or is expected to \n occur within 150 days) in the office of Commissioner of \n Revenue, a Selection Commission is established to recommend \n individuals to the President for appointment to the vacant \n office.\n ``(2) Selection commission.--The Selection Commission shall \n be composed of 5 individuals (from among individuals having \n contacts with the Internal Revenue Service in a professional \n capacity) appointed by the following organizations as follows:\n ``(A) A representative from the American Institute \n of Certified Public Accountants who is a certified \n public accountant.\n ``(B) A representative from the American Bar \n Association who is a member of the Tax Division.\n ``(C) A scientist from the National Academy of \n Scientists.\n ``(D) An engineer from the Institute for Electronic \n and Electrical Engineers.\n ``(E) An economist from the American Economics \n Association.\n A vacancy in the Selection Commission shall be filled not later \n than 14 days after the date of the creation of the vacancy in \n the manner in which the original appointment was made.\n ``(3) Minimum number of recommended individuals.--A \n Selection Commission shall recommend at least 3 individuals. \n The President may request the Selection Commission to recommend \n additional individuals.\n ``(4) Deadline for recommendations.--Except for additional \n recommendations requested by the President under paragraph (3), \n the Selection Commission shall make its recommendations for \n Commissioner of Internal Revenue not later than 60 days after \n the date such Commission is established.\n ``(5) Administrative provisions.--\n ``(A) Chairperson.--The Chairperson of the \n Selection Commission shall be elected by the members. \n If not so elected within the 10-day period beginning on \n the date the Selection Commission first meets, the \n Chairperson shall be appointed by the President.\n ``(B) Rates of pay.--Members of the Selection \n Commission shall be paid at a rate equal to the daily \n equivalent of the minimum annual rate of basic pay \n payable for level IV of the Executive Schedule (level \n III in the case of the Chairman of the Selection \n Commission) for each day (including travel time) during \n which they are engaged in the actual performance of \n duties vested in the Selection Commission.\n ``(C) Travel expenses.--Each member of the \n Selection Commission shall receive travel expenses, \n including per diem in lieu of subsistence, in \n accordance with sections 5702 and 5703 of title 5, \n United States Code.\n ``(D) Staff.--The Selection Commission shall \n appoint a Director who shall be paid at the rate of \n basic pay payable for level IV of the Executive \n Schedule. With the approval of the Selection \n Commission, the Director may appoint and fix the pay of \n not more than 2 additional employees who shall be paid \n at a rate not to exceed the rate of basic pay payable \n for level IV of the Executive Schedule.\n ``(E) Applicability of certain civil service \n laws.--The Director and staff of the Selection \n Commission may be appointed without regard to the \n provisions of title 5, United States Code, governing \n appointments in the competitive service, and may be \n paid without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of that title relating to \n classification and General Schedule pay rates.\n ``(F) Meetings.--The meetings of the Selection \n Commission shall be in executive session.\n ``(G) Mails.--The Selection Commission may use the \n United States mails in the same manner and under the \n same conditions as other Federal agencies.\n ``(6) Termination.--The Selection Commission shall \n terminate at the close of the 7th day after the date on which \n an individual recommended by the Commission is sworn in as \n Commissioner of Internal Revenue.''\n (c) Term of Commissioner of Internal Revenue.--Subsection (a) of \nsection 7802 of such Code is amended by adding at the end the following \nnew sentence: ``The term of the Commissioner of Internal Revenue is 6 \nyears.''\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act but the amendment made \nby subsection (c) shall not apply to the individual holding the office \nof Commissioner of Internal Revenue on such date.","summary":"Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established by this Act, and (2) serve a six-year term.","title":"To amend the Internal Revenue Code of 1986 to provide that the Commissioner of Internal Revenue shall be nominated from individuals recommended by a selection panel and to provide a 6-year term for such Commissioner.","text_len":6037,"sum_len":226} {"bill_id":"105_s361","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rhinoceros and Tiger Conservation \nAct of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the populations of all but 1 species of rhinoceros, and \n the tiger, have significantly declined in recent years and \n continue to decline;\n (2) these species of rhinoceros and tiger are listed as \n endangered species under the Endangered Species Act of 1973 (16 \n U.S.C. 1531 et seq.) and listed on Appendix I of the Convention \n on International Trade in Endangered Species of Wild Fauna and \n Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) \n (referred to in this Act as ``CITES'');\n (3) the Parties to CITES have adopted several resolutions--\n (A) relating to the conservation of tigers (Conf. \n 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging \n Parties to CITES to implement legislation to reduce \n illegal trade in parts and products of the species; and\n (B) relating to trade in readily recognizable parts \n and products of the species (Conf. 9.6), and trade in \n traditional medicines (Conf. 10.19), recommending that \n Parties ensure that their legislation controls trade in \n those parts and derivatives, and in medicines \n purporting to contain them;\n (4) a primary cause of the decline in the populations of \n tiger and most rhinoceros species is the poaching of the \n species for use of their parts and products in traditional \n medicines;\n (5) there are insufficient legal mechanisms enabling the \n United States Fish and Wildlife Service to interdict products \n that are labeled or advertised as containing substances derived \n from rhinoceros or tiger species and prosecute the \n merchandisers for sale or display of those products; and\n (6) legislation is required to ensure that--\n (A) products containing, or labeled or advertised \n as containing, rhinoceros parts or tiger parts are \n prohibited from importation into, or exportation from, \n the United States; and\n (B) efforts are made to educate persons regarding \n alternatives for traditional medicine products, the \n illegality of products containing, or labeled or \n advertised as containing, rhinoceros parts and tiger \n parts, and the need to conserve rhinoceros and tiger \n species generally.\n\nSEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.\n\n Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 \nU.S.C. 5302) is amended by adding at the end the following:\n ``(3) To prohibit the sale, importation, and exportation of \n products intended for human consumption or application \n containing, or labeled or advertised as containing, any \n substance derived from any species of rhinoceros or tiger.''.\n\nSEC. 4. DEFINITION OF PERSON.\n\n Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 \nU.S.C. 5303) is amended--\n (1) in paragraph (4), by striking ``and'' at the end;\n (2) in paragraph (5), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(6) `person' means--\n ``(A) an individual, corporation, partnership, \n trust, association, or other private entity;\n ``(B) an officer, employee, agent, department, or \n instrumentality of--\n ``(i) the Federal Government;\n ``(ii) any State, municipality, or \n political subdivision of a State; or\n ``(iii) any foreign government;\n ``(C) a State, municipality, or political \n subdivision of a State; or\n ``(D) any other entity subject to the jurisdiction \n of the United States.''.\n\nSEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS \n LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.\n\n The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 \net seq.) is amended--\n (1) by redesignating section 7 as section 9; and\n (2) by inserting after section 6 the following:\n\n``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS \n LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.\n\n ``(a) Prohibition.--A person shall not sell, import, or export, or \nattempt to sell, import, or export, any product, item, or substance \nintended for human consumption or application containing, or labeled or \nadvertised as containing, any substance derived from any species of \nrhinoceros or tiger.\n ``(b) Penalties.--\n ``(1) Criminal penalty.--A person engaged in business as an \n importer, exporter, or distributor that knowingly violates \n subsection (a) shall be fined under title 18, United States \n Code, imprisoned not more than 6 months, or both.\n ``(2) Civil penalties.--\n ``(A) In general.--A person that knowingly violates \n subsection (a), and a person engaged in business as an \n importer, exporter, or distributor that violates \n subsection (a), may be assessed a civil penalty by the \n Secretary of not more than $12,000 for each violation.\n ``(B) Manner of assessment and collection.--A civil \n penalty under this paragraph shall be assessed, and may \n be collected, in the manner in which a civil penalty \n under the Endangered Species Act of 1973 may be \n assessed and collected under section 11(a) of that Act \n (16 U.S.C. 1540(a)).\n ``(c) Products, Items, and Substances.--Any product, item, or \nsubstance sold, imported, or exported, or attempted to be sold, \nimported, or exported, in violation of this section or any regulation \nissued under this section shall be subject to seizure and forfeiture to \nthe United States.\n ``(d) Regulations.--After consultation with the Secretary of the \nTreasury, the Secretary of Health and Human Services, and the United \nStates Trade Representative, the Secretary shall issue such regulations \nas are appropriate to carry out this section.\n ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, \nand the Secretary of the department in which the Coast Guard is \noperating shall enforce this section in the manner in which the \nSecretaries carry out enforcement activities under section 11(e) of the \nEndangered Species Act of 1973 (16 U.S.C. 1540(e)).\n ``(f) Use of Penalty Amounts.--Amounts received as penalties, \nfines, or forfeiture of property under this section shall be used in \naccordance with section 6(d) of the Lacey Act Amendments of 1981 (16 \nU.S.C. 3375(d)).''.\n\nSEC. 6. EDUCATIONAL OUTREACH PROGRAM.\n\n The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 \net seq.) (as amended by section 5) is amended by inserting after \nsection 7 the following:\n\n``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.\n\n ``(a) In General.--Not later than 180 days after the date of \nenactment of this section, the Secretary shall develop and implement an \neducational outreach program in the United States for the conservation \nof rhinoceros and tiger species.\n ``(b) Guidelines.--The Secretary shall publish in the Federal \nRegister guidelines for the program.\n ``(c) Contents.--Under the program, the Secretary shall publish and \ndisseminate information regarding--\n ``(1) laws protecting rhinoceros and tiger species, in \n particular laws prohibiting trade in products containing, or \n labeled or advertised as containing, their parts;\n ``(2) use of traditional medicines that contain parts or \n products of rhinoceros and tiger species, health risks \n associated with their use, and available alternatives to the \n medicines; and\n ``(3) the status of rhinoceros and tiger species and the \n reasons for protecting the species.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 \nU.S.C. 5306) (as redesignated by section 5(1)) is amended by striking \n``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through \n2002''.\n\n Passed the Senate October 8 (legislative day, October 2), \n 1998.\n\n Attest:\n\n Secretary.\n105th CONGRESS\n\n 2d Session\n\n S. 361\n\n_______________________________________________________________________\n\n AN ACT\n\nTo amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit \n the sale, importation, and exportation of products intended for human \n consumption or application containing, or labeled or advertised as \n containing, any substance derived from any species of rhinoceros or \ntiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of \n 1994, and for other purposes.","summary":"Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002.","title":"Rhinoceros and Tiger Conservation Act of 1998","text_len":9542,"sum_len":587} {"bill_id":"107_hr3993","text":"SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE \n AND LOCAL POLITICAL ORGANIZATIONS.\n\n (a) Notification.--Paragraph (5) of section 527(i) of the Internal \nRevenue Code of 1986 (relating to organizations must notify Secretary \nthat they are section 527 organizations) is amended by striking ``or'' \nat the end of subparagraph (A), by striking the period at the end of \nsubparagraph (B) and inserting ``, or'', and by adding at the end the \nfollowing:\n ``(C) which is a political committee of a State or \n local candidate, or a local committee of a political \n party, as defined by State law.''.\n (b) Exemption for Certain State and Local Political Committees From \nReporting Requirements.--\n (1) In general.--Paragraph (5) of section 527(j) of such \n Code (relating to required disclosures of expenditures and \n contributions) is amended by redesignating subparagraphs (C), \n (D), and (E) as subparagraphs (D), (E), and (F), respectively, \n and by inserting after subparagraph (B) the following new \n subparagraph:\n ``(C) to any organization which is an exempt State \n or local political organization,''.\n (2) Exempt state or local political organization.--\n Subsection (e) of section 527 of such Code (relating to other \n definitions) is amended by adding at the end the following new \n paragraph:\n ``(5) Exempt state or local political organization.--\n ``(A) In general.--The term `exempt State or local \n political organization' means a political \n organization--\n ``(i) which does not engage in any exempt \n function other than to influence or to attempt \n to influence the selection, nomination, \n election, or appointment of any individual to \n any State or local public office or office in a \n State or local political organization,\n ``(ii) which is subject to State or local \n requirements to submit reports containing \n information--\n ``(I) regarding individual \n expenditures from and contributions to \n such organization, and\n ``(II) regarding the person who \n makes such contributions or receives \n such expenditures,\n which is substantially similar to the \n information which would otherwise be required \n to be reported under this section, and\n ``(iii) with respect to which the reports \n referred to in clause (ii) are made public by \n the agency with which such reports are filed \n and are publicly available for inspection in a \n manner similar to that required by section \n 6104(d)(1).\n ``(B) Participation of federal candidate or office \n holder.--The term `exempt State or local political \n organization' shall not include any organization \n otherwise described in subparagraph (A) if a candidate \n for nomination or election to Federal elective office \n or an individual who holds such office--\n ``(i) controls or materially participates \n in the direction of the organization, or\n ``(ii) directs, in whole or in part, \n expenditures or fundraising activities of the \n organization.''.\n (c) Annual Return Requirements.--\n (1) Income tax returns required only where political \n organization taxable income.--Paragraph (6) of section 6012(a) \n of such Code (relating to general rule of persons required to \n make returns of income) is amended by striking ``or which has \n gross receipts of $25,000 or more for the taxable year (other \n than an organization to which section 527 applies solely by \n reason of subsection (f)(1) of such section)''.\n (2) Information returns.--Subsection (g) of section 6033 of \n such Code (relating to returns required by political \n organizations) is amended to read as follows:\n ``(g) Returns Required by Political Organizations.--\n ``(1) In general.--Every political organization (within the \n meaning of section 527(e)(1)), and every fund treated under \n section 527(g) as if it constituted a political organization, \n which has gross receipts of $25,000 or more for the taxable \n year shall file a return--\n ``(A) containing the information required, and \n complying with the other requirements, under subsection \n (a)(1) for organizations exempt from taxation under \n section 501(a), and\n ``(B) containing such other information as the \n Secretary deems necessary to carry out the provisions \n of this subsection.\n ``(2) Exceptions from filing.--\n ``(A) Mandatory exceptions.--Paragraph (1) shall \n not apply to an organization--\n ``(i) which is an exempt State or local \n political organization (as defined in section \n 527(e)(5)),\n ``(ii) which is a State or local committee \n of a political party, or political committee of \n a State or local candidate, as defined by State \n law,\n ``(iii) which is a caucus or association of \n State or local elected officials,\n ``(iv) which is a national association of \n State or local officials,\n ``(v) which is an authorized committee (as \n defined in section 301(6) of the Federal \n Election Campaign Act of 1971) of a candidate \n for Federal office,\n ``(vi) which is a national committee (as \n defined in section 301(14) of the Federal \n Election Campaign Act of 1971) of a political \n party, or\n ``(vii) to which section 527 applies for \n the taxable year solely by reason of subsection \n (f)(1) of such section.\n ``(B) Discretionary exception.--The Secretary may \n relieve any organization required under paragraph (1) \n to file an information return from filing such a return \n where he determines that such filing is not necessary \n to the efficient administration of the internal revenue \n laws.''.\n (d) Waiver of Penalties.--Section 527 of such Code is amended by \nadding at the end the following:\n ``(k) Authority To Waive.--The Secretary may waive all or any \nportion of the--\n ``(1) tax assessed on an organization by reason of the \n failure of the organization to give notice under subsection \n (i), or\n ``(2) penalty imposed under subsection (j) for a failure to \n file a report,\non a showing that such failure was due to reasonable cause and not due \nto willful neglect.''.\n (e) Effective Date.--The amendments made by this section shall take \neffect as if included in the amendments made by Public Law 106-230.\n\nSEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.\n\n (a) In General.--The Secretary of the Treasury, in consultation \nwith the Federal Election Commission, shall publicize information on--\n (1) the effect of the amendments made by this Act, and\n (2) the interaction of requirements to file a notification \n or report under section 527 of the Internal Revenue Code of \n 1986 and reports under the Federal Election Campaign Act of \n 1971.\n (b) Information.--Information provided under subsection (a) shall \nbe included in any appropriate form, instruction, notice, or other \nguidance issued to the public by the Secretary of the Treasury or the \nFederal Election Commission regarding reporting requirements of \npolitical organizations (as defined in section 527 of the Internal \nRevenue Code of 1986) or reporting requirements under the Federal \nElection Campaign Act of 1971.\n\nSEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE \n PROVISIONS.\n\n (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section \n527(i) of the Internal Revenue Code of 1986 (relating to failure to \nnotify) is amended by adding at the end the following new sentence: \n``For purposes of the preceding sentence, the term `exempt function \nincome' means any amount described in a subparagraph of subsection \n(c)(3), whether or not segregated for use for an exempt function.''.\n (b) Procedures for Assessment and Collection of Penalty.--Paragraph \n(1) of section 527(j) of such Code (relating to required disclosure of \nexpenditures and contributions) is amended by adding at the end the \nfollowing new sentence: ``For purposes of subtitle F, the penalty \nimposed by this paragraph shall be assessed and collected in the same \nmanner as penalties imposed by section 6652(c).''.\n (c) Application of Fraud Penalty.--Section 7207 of such Code \n(relating to fraudulent returns, statements, and other documents) is \namended by striking ``pursuant to subsection (b) of section 6047 or \npursuant to subsection (d) of section 6104'' and inserting ``pursuant \nto section 6047(b), section 6104(d), or subsection (i) or (j) of \nsection 527''.\n (d) Duplicate Electronic and Written Filings Not Required.--\n (1) Subparagraph (A) of section 527(i)(1) of such Code is \n amended by striking ``, electronically and in writing,''.\n (2) Subsection (i) of section 527 of such Code is amended \n by adding at the end the following new paragraph:\n ``(7) Electronic filing.--The Secretary shall develop \n procedures for submission in electronic form of notices \n required to be filed under this subsection and reports required \n to be filed under subsection (j).''.\n (e) Effective Dates.--\n (1) Subsections (a) and (b).--The amendments made by \n subsections (a) and (b) shall apply to failures occurring on or \n after the date of the enactment of this Act.\n (2) Subsections (c) and (d).--The amendments made by \n subsections (c) and (d) shall take effect as if included in the \n amendments made by Public Law 106-230.","summary":"Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements. (2) exempt certain State and local political organizations from specified reporting requirements. (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns. (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury, (5) authorize the Secretary to waive certain related penalties, and (6) amend related penalty provisions.","title":"To amend section 527 of the Internal Revenue Code of 1986 to eliminate reporting and return requirements for State and local candidate committees and to avoid duplicate reporting of campaign-related information.","text_len":11276,"sum_len":964} {"bill_id":"110_hr1118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug Trafficking Elimination Act of \n2007''.\n\n TITLE I--CRIMINAL ENHANCEMENTS\n\nSEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, \n DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO \n MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF \n HEROIN, MARIHUANA, AND METHAMPHETAMINE.\n\n Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. \n841(b)(1)) is amended by adding at the end the following new \nsubparagraph:\n ``(E) In the case of a violation of subsection (a) of this section \ninvolving--\n ``(i) more than 10 kilograms of a mixture or substance \n containing a detectable amount of heroin;\n ``(ii) more than 10,000 kilograms of a mixture or substance \n containing a detectable amount of marihuana, or more than \n 10,000 marihuana plants regardless of weight; or\n ``(iii) more than 500 grams of methamphetamine, its salts, \n isomers, and salts of its isomers or more than 1.5 kilograms of \n a mixture or substance containing a detectable amount of \n methamphetamine, its salts, isomers, or salts of its isomers,\nsuch person shall be subject to the same penalties as applicable under \nsubparagraph (A) of this paragraph, except that such person shall be \nsentenced to a term of imprisonment which may not be less than 20 \nyears.''.\n\nSEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND \n EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND \n METHAMPHETAMINE.\n\n Section 1010(b) of the Controlled Substances Import and Export Act \n(21 U.S.C. 960(b)) is amended by adding at the end the following new \nparagraph:\n ``(5) In the case of a violation of subsection (a) of this section \ninvolving--\n ``(A) more than 10 kilograms of a mixture or substance \n containing a detectable amount of heroin;\n ``(B) more than 10,000 kilograms of a mixture or substance \n containing a detectable amount of marihuana; or\n ``(C) more than 500 grams of methamphetamine, its salts, \n isomers, and salts of its isomers or more than 1.5 kilograms of \n a mixture or substance containing a detectable amount of \n methamphetamine, its salts, isomers, or salts of its isomers,\nthe person committing such violation shall be subject to the same \npenalties as applicable under paragraph (1) of this subsection, except \nthat such person shall be sentenced to a term of imprisonment which may \nnot be less than 20 years.''.\n\nSEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.\n\n Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. \n841(b)(5)) is amended to read as follows:\n ``(5) Manufacture or Cultivation on Federal Property.--Any person \nwho violates subsection (a) of this section by manufacturing or \ncultivating a controlled substance on Federal property shall be \nimprisoned for a term of not more than 10 years, which shall be imposed \nconsecutively and in addition to the penalty imposed under paragraph \n(1).''.\n\nSEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND.\n\n Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. \n841(b)(6)) is amended to read as follows:\n ``(6) Use of Hazardous Substances.--Any person who violates \nsubsection (a) and knowingly uses a poison, chemical, or other \nhazardous substance on Federal land, and by such use--\n ``(A) creates a serious hazard to humans, wildlife, or \n domestic animals;\n ``(B) degrades or harms the environment or natural \n resources; or\n ``(C) pollutes an aquifer, spring, stream, river, or body \n of water,\nshall be imprisoned for a term of not more than 5 years, which shall be \nimposed consecutively and in addition to the penalty imposed under \nparagraphs (1) and (5).''.\n\nSEC. 105. LISTED CHEMICALS.\n\n Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) \nis amended by striking ``20 years'' and ``10 years'' and inserting ``30 \nyears'' and ``20 years'', respectively.\n\nSEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, \n AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS.\n\n (a) Murder and Other Violent Crimes Committed During and in \nRelation to a Drug Trafficking Crime.--Part D of the Controlled \nSubstances Act (21 U.S.C. 841 et seq.) is amended by adding at the end \nthe following new section:\n\n``murder and other violent crimes committed during and in relation to a \n drug trafficking crime\n\n ``Sec. 424. (a) In General.--Whoever commits, or conspires, or \nattempts to commit, a crime of violence during and in relation to a \ndrug trafficking crime, shall, unless the death penalty is otherwise \nimposed, in addition and consecutive to the punishment provided for the \ndrug trafficking crime and in addition to being subject to a fine under \ntitle 18, United States Code--\n ``(1) if the crime of violence results in the death of any \n person, be sentenced to death or life in prison;\n ``(2) if the crime of violence is kidnapping, aggravated \n sexual abuse, or maiming, be imprisoned for life or any term of \n years not less than 30;\n ``(3) if the crime of violence is assault resulting in \n serious bodily injury, be imprisoned for life or any term of \n years not less than 20; and\n ``(4) in any other case, be imprisoned for life or for any \n term of years not less than 10.\n ``(b) Venue.--A prosecution for a violation of this section may be \nbrought in--\n ``(1) the judicial district in which the murder or other \n crime of violence occurred; or\n ``(2) any judicial district in which the drug trafficking \n crime may be prosecuted.\n ``(c) Definitions.--As used in this section--\n ``(1) the term `aggravated sexual abuse' means an offense \n that, if committed in the special maritime and territorial \n jurisdiction would be an offense under section 2241(a) of title \n 18, United States Code;\n ``(2) the term `crime of violence' has the meaning given \n that term in section 16 of title 18, United States Code;\n ``(3) the term `drug trafficking crime' has the meaning \n given that term in section 924(c)(2) of title 18, United States \n Code; and\n ``(4) the term `serious bodily injury' has the meaning \n given that term in section 1365 of title 18, United States \n Code.''.\n (b) Dangerous Drug Trafficking Organizations.--Part D of such Act \nis further amended by adding after section 424, as added by subsection \n(a) of this section, the following new section:\n\n ``dangerous drug trafficking organizations\n\n ``Sec. 425. (a) In General.--Any person who knowingly engages in a \ndangerous drug trafficking organization, as defined in subsection (b), \nshall be imprisoned for not less than 20 years nor more than life, \nfined in accordance with the provisions of title 18, United States \nCode, or both.\n ``(b) Dangerous Drug Trafficking Organization Defined.--For \npurposes of this section, the term `dangerous drug trafficking \norganization' means a formal or informal group, organization, or \nassociation of 5 or more individuals--\n ``(1) that has as one of its purposes the commission of one \n or more drug trafficking crimes (as defined in section \n 924(c)(2) of title 18, United States Code);\n ``(2) one or more of the members of which commit or have \n committed, in furtherance of such purpose--\n ``(A) more than one violation of this part the \n punishment of which is a felony; and\n ``(B) 2 or more violations, in 2 or more separate \n criminal episodes, of section 424; and\n ``(3) the activities of which involve at least 50 times the \n quantity of a substance described in section 401(b)(1)(B).\n ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an \noffense under this section committed outside the United States if the \nindividual committing the offense is a citizen of the United States or \nan alien lawfully admitted to the United States for permanent residence \n(as defined in section 101(a)(20) of the Immigration and Nationality \nAct (8 U.S.C. 1101(a)(20)).''.\n (c) Clerical Amendment.--The table of contents for the \nComprehensive Drug Abuse Prevention and Control Act of 1970 is amended \nby inserting after the item relating to section 423 the following:\n\n``Sec. 424. Murder and other violent crimes committed during and in \n relation to a drug trafficking crime.\n``Sec. 425. Dangerous drug trafficking organizations.''.\n\n TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS\n\nSEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS.\n\n (a) In General.--Section 418 of the Controlled Substances Act (21 \nU.S.C. 859) is amended to read as follows:\n\n ``distribution to persons under age 21 and pregnant persons\n\n ``Sec. 418. (a) Distribution to Persons Under 21.--Except as \nprovided in subsection (b), any person at least 18 years of age who \nviolates section 401(a)(1) by distributing a controlled substance to a \nperson under 21 years of age shall be sentenced to a term of \nimprisonment of not less than 3 years nor more than 10 years in \naddition and consecutive to any punishment under section 401(b). The \nmandatory minimum sentencing provisions of this subsection shall not \napply to offenses involving 5 grams or less of marihuana.\n ``(b) Distribution to Pregnant Persons.--Except as authorized by \nthis title, any person who knowingly provides or distributes any \ncontrolled substance to a pregnant individual in violation of any \nprovision of this title shall be sentenced to a term of imprisonment of \nnot less than 3 years nor more than 10 years in addition and \nconsecutive to any punishment under section 401(b).\n ``(c) Second or Subsequent Offenses.--Any person at least 18 years \nof age who violates subsections (a) or (b) after a prior conviction \nunder section 401(a) has become final shall be sentenced to a term of \nimprisonment of not less than 5 years nor more than 20 years in \naddition and consecutive to any punishment under section 401(b). \nPenalties for third and subsequent convictions shall be governed by \nsection 401(b)(1)(A).''.\n (b) Clerical Amendment.--The item relating to section 418 in the \ntable of contents for the Comprehensive Drug Abuse Prevention and \nControl Act of 1970 is amended to read as follows:\n\n``Sec. 418. Distribution to persons under age 21 and pregnant \n persons.''.\n\nSEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS.\n\n Section 419 of the Controlled Substances Act (21 U.S.C. 860) is \namended to read as follows:\n\n ``distribution in or near schools\n\n ``Sec. 419. (a) In General.--Except as provided by subsection (b), \nwhoever violates section 401(a)(1) or section 416 by distributing, \npossessing with intent to distribute, or manufacturing a controlled \nsubstance in or on, or within one thousand feet of, the real property \ncomprising a public or private elementary, vocational, or secondary \nschool or a public or private college, junior college, or university, \nor a playground, or housing facility owned by a public housing \nauthority, or within 100 feet of a public or private youth center, \npublic swimming pool, or video arcade facility, shall be sentenced to a \nterm of imprisonment of not less than 3 years nor more than 10 years in \naddition and consecutive to any punishment under section 401(b). The \nmandatory minimum sentencing provisions of this subsection shall not \napply to offenses involving 5 grams or less of marihuana.\n ``(b) Second or Subsequent Offenses.--Whoever violates subsection \n(a) after a prior conviction under section 401(a) has become final \nshall be sentenced to a term of imprisonment of not less than 5 years \nnor more than 20 years in addition and consecutive to any punishment \nunder section 401(b). Penalties for third and subsequent convictions \nshall be governed by section 401(b)(1)(A).\n ``(c) Definitions.--As used in this section--\n ``(1) the term `playground' means any outdoor facility \n (including any parking lot appurtenant thereto) intended for \n recreation, open to the public, and with any portion thereof \n containing three or more separate apparatus intended for the \n recreation of children including, but not limited to, sliding \n boards, swingsets, and teeterboards;\n ``(2) the term `youth center' means any recreational \n facility and\/or gymnasium (including any parking lot \n appurtenant thereto), intended primarily for use by persons \n under 18 years of age, which regularly provides athletic, \n civic, or cultural activities.\n ``(3) the term `video arcade facility' means any facility, \n legally accessible to children, intended primarily for the use \n of pinball and video machines for amusement containing a \n minimum of ten machines that are either pinball or video \n machines; and\n ``(4) the term `swimming pool' includes any parking lot \n appurtenant thereto.''.\n\nSEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG \n OPERATIONS.\n\n Section 420 of the Controlled Substances Act (21 U.S.C. 861) is \namended to read as follows:\n\n``employment or use of persons under 18 years of age in drug operations\n\n ``Sec. 420. (a) Any person at least 18 years of age who \nknowingly--\n ``(1) employs, hires, uses, persuades, induces, entices, or \n coerces, a person under 18 years of age to violate any \n provision of this title or title III;\n ``(2) employs, hires, uses, persuades, induces, entices, or \n coerces a person under 18 years of age to assist in avoiding \n detection or apprehension, for any such violation, by any \n Federal, State, or local law enforcement official; or\n ``(3) receives a controlled substance from a person under \n 18 years of age, other than an immediate family member, in \n violation of this title or title III\nshall be sentenced to a term of imprisonment of not less than 3 years \nnor more than 10 years in addition and consecutive to any punishment \nunder section 401(b).\n ``(b) Whoever violates subsection (a) after a prior conviction \nunder section 401(a) has become final shall be sentenced to a term of \nimprisonment of not less than 5 years nor more than 20 years in \naddition and consecutive to any punishment under section 401(b). \nPenalties for third and subsequent convictions shall be governed by \nsection 401(b)(1)(A).''.\n\nSEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT \n OF CHILDREN.\n\n Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) \nis amended by inserting (1) before ``Any person'' and by adding the \nfollowing new paragraph:\n ``(2) Any person who violates subsection (a) knowing that \n the manufacture, distribution, storage, or use of any \n controlled substance involves a person under the age of 18 \n shall be sentenced to a term of imprisonment of not less than 5 \n years nor more than 20 years.''.\n\nSEC. 205. MODIFICATION OF SAFETY VALVE PROVISION.\n\n Section 3553(f) of title 18, United States Code, is amended--\n (1) in paragraph (4), by inserting ``and was not engaged in \n a dangerous drug trafficking organization (as defined in \n section 425 of the Controlled Substances Act)'' after ``section \n 408 of the Controlled Substances Act'';\n (2) by striking ``and'' at the end of paragraph (4);\n (3) by redesignating paragraph (5) as paragraph (6); and\n (4) by inserting after paragraph (4) the following:\n ``(5) no part of the offense or relevant conduct involved \n manufacturing, possessing with intent to distribute, or \n distributing any controlled substance in or near the presence \n of a child or conduct constituting an offense under section \n 418, 419, or 420 of the Controlled Substances Act (21 U.S.C. \n 859, 860, or 861); and''.\n\n TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY\n\nSEC. 301. NATIONAL ENFORCEMENT STRATEGY.\n\n (a) Development of Strategy.--The Attorney General, in consultation \nwith the Secretary of Homeland Security, shall develop a National Drug \nTrafficking Enforcement Strategy.\n (b) Report.--Not later than February 1 of each year, the Attorney \nGeneral shall submit to the Committees on the Judiciary of the Senate \nand the House of Representatives a report containing the following:\n (1) A description of the drug enforcement activities of the \n Federal Bureau of Investigations, the Drug Enforcement Agency, \n the Department of Homeland Security, and other Federal law \n enforcement agencies, including international and domestic \n enforcement strategies and coordination efforts among all law \n enforcement agencies.\n (2) A description of the allocation of the resources of the \n entities listed in paragraph (1) for the investigation and \n prosecution of alleged violations of the Controlled Substances \n Act (21 U.S.C. 801 et seq.), including violations involving \n significant drug trafficking organizations.\n (3) A description of measures being taken to give priority \n in the allocation of such resources described in paragraph (2) \n to alleged violations involving--\n (A) persons who have imported into the United \n States substantial quantities of controlled substances; \n and\n (B) persons involved in violations that have \n endangered children.","summary":"Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine, (2) importing or exporting such drugs, (3) manufacturing or cultivating a controlled substance on federal property. (4) using hazardous substances on federal land in connection with illegal drug activities. (5) possessing a listed chemical with intent to manufacture a controlled substance. (6) committing a crime of violence during and in relation to a drug trafficking crime, (7) engaging in a dangerous drug trafficking organization. (8) distributing controlled substances to persons under age 21 or to a pregnant person, (9) distributing controlled substances in or near schools. And (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.","title":"To amend the Controlled Substances Act to enhance criminal penalties for drug trafficking offenses relating to distribution of heroin, marijuana, and methamphetamine and distribution to and use of children, and for other purposes.","text_len":18230,"sum_len":1080} {"bill_id":"112_s784","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing a Government Shutdown \nAct''.\n\nSEC. 2. AMENDMENT TO TITLE 31.\n\n (a) In General.--Chapter 13 of title 31, United States Code, is \namended by inserting after section 1310 the following new section:\n``Sec. 1311. Continuing appropriations\n ``(a)(1) If any regular appropriation bill for a fiscal year (or, \nif applicable, for each fiscal year in a biennium) does not become law \nbefore the beginning of such fiscal year or a joint resolution making \ncontinuing appropriations is not in effect, there are appropriated, out \nof any money in the Treasury not otherwise appropriated, and out of \napplicable corporate or other revenues, receipts, and funds, excluding \nany budget authority designated as an emergency or temporary funding \nfor projects or activities that are not part of ongoing operations, to \nsuch sums as may be necessary to continue any project or activity for \nwhich funds were provided in the preceding fiscal year--\n ``(A) in the corresponding regular appropriation Act for \n such preceding fiscal year; or\n ``(B) if the corresponding regular appropriation bill for \n such preceding fiscal year did not become law, then in a joint \n resolution making continuing appropriations for such preceding \n fiscal year.\n ``(2) Appropriations and funds made available, and authority \ngranted, for a project or activity for any fiscal year pursuant to this \nsection shall be at a rate of operations not in excess of the lower \nof--\n ``(A) the rate of operations provided for in the regular \n appropriation Act providing for such project or activity for \n the preceding fiscal year; or\n ``(B) in the absence of such an Act, the rate of operations \n provided for such project or activity pursuant to a joint \n resolution making continuing appropriations for such preceding \n fiscal year.\n ``(3) Appropriations and funds made available, and authority \ngranted, for any fiscal year pursuant to this section for a project or \nactivity shall be available for the period beginning with the first day \nof a lapse in appropriations and ending with the earlier of--\n ``(A) the date on which the applicable regular \n appropriation bill for such fiscal year becomes law (whether or \n not such law provides for such project or activity) or a \n continuing resolution making appropriations becomes law, as the \n case may be; or\n ``(B) the last day of such fiscal year.\n ``(4) This section shall not provide funding for a new fiscal year \nto continue any project or activity which is funded under the \nprovisions of this section at the end of the preceding fiscal year \nuntil the enactment of a regular appropriation Act or joint resolution \nmaking continuing appropriations for such project or activity during \nsuch new fiscal year.\n ``(b) An appropriation or funds made available, or authority \ngranted, for a project or activity for any fiscal year pursuant to this \nsection shall be subject to the terms and conditions imposed with \nrespect to the appropriation made or funds made available for the \npreceding fiscal year, or authority granted for such project or \nactivity under current law.\n ``(c) Appropriations and funds made available, and authority \ngranted, for any project or activity for any fiscal year pursuant to \nthis section shall cover all obligations or expenditures incurred for \nsuch project or activity during the portion of such fiscal year for \nwhich this section applies to such project or activity.\n ``(d) Expenditures made for a project or activity for any fiscal \nyear pursuant to this section shall be charged to the applicable \nappropriation, fund, or authorization whenever a regular appropriation \nbill or a joint resolution making continuing appropriations until the \nend of a fiscal year providing for such project or activity for such \nperiod becomes law.\n ``(e) This section shall not apply to a project or activity during \na fiscal year if any other provision of law (other than an \nauthorization of appropriations)--\n ``(1) makes an appropriation, makes funds available, or \n grants authority for such project or activity to continue for \n such period; or\n ``(2) specifically provides that no appropriation shall be \n made, no funds shall be made available, or no authority shall \n be granted for such project or activity to continue for such \n period.\n ``(f) For purposes of this section, the term `regular appropriation \nbill' means any annual appropriation bill making appropriations, \notherwise making funds available, or granting authority, for any of the \nfollowing categories of projects and activities:\n ``(1) Agriculture, rural development, Food and Drug \n Administration, and related agencies programs.\n ``(2) The Department of Defense.\n ``(3) Energy and water development, and related agencies.\n ``(4) State, foreign operations, and related programs.\n ``(5) The Department of Homeland Security.\n ``(6) The Department of the Interior, Environmental \n Protection Agency, and related agencies.\n ``(7) The Departments of Labor, Health and Human Services, \n and Education, and related agencies.\n ``(8) Military construction, veterans affairs, and related \n agencies.\n ``(9) Science, the Departments of State, Justice, and \n Commerce, and related agencies.\n ``(10) The Departments of Transportation, Housing and Urban \n Development, and related agencies.\n ``(11) The Legislative Branch.\n ``(12) Financial services and general Government.''.\n (b) Clerical Amendment.--The analysis of chapter 13 of title 31, \nUnited States Code, is amended by inserting after the item relating to \nsection 1310 the following new item:\n\n``1311. Continuing appropriations.''.\n (c) Effective Date.--The amendment made by this section shall apply \nto fiscal years beginning fiscal year 2011.","summary":"Preventing a Government Shutdown Act - Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law or a joint resolution making continuing appropriations is not in effect.","title":"A bill to prevent the shutdown of the Federal Government.","text_len":6195,"sum_len":230} {"bill_id":"112_s136","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ban Poisonous Additives Act of \n2011''.\n\nSEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.\n\n (a) Ban on Use of Bisphenol A in Food and Beverage Containers for \nChildren.--\n (1) Baby food; unfilled baby bottles and cups.--Section 402 \n of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is \n amended by adding at the end the following:\n ``(j)(1) If it is a food intended for children 3 years of age or \nyounger, the container of which (including the lining of such \ncontainer) is composed, in whole or in part, of bisphenol A.\n ``(2) If it is a baby bottle or cup that is composed, in whole or \nin part, of bisphenol A.''.\n (2) Definition.--Section 201 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 321) is amended by adding at the end \n the following:\n ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the \nterm `baby bottle or cup' means a bottle or cup that--\n ``(1) is intended to aid in the feeding or providing of \n drink to children 3 years of age or younger; and\n ``(2) does not contain a food when such bottle or cup is \n sold or distributed at retail.''.\n (3) Effective dates.--\n (A) Baby food.--Section 402(j)(1) of the Federal \n Food, Drug, and Cosmetic Act, as added by paragraph \n (1), shall take effect 1 year after the date of \n enactment of this Act.\n (B) Unfilled baby bottles and cups.--Section \n 402(j)(2) of the Federal Food, Drug, and Cosmetic Act, \n as added by paragraph (1), shall take effect 180 days \n after the date of enactment of this Act.\n (b) Ban on Use of Bisphenol A in Infant Formula Containers.--\n (1) In general.--Section 412(a) of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 350a(a)) is amended--\n (A) in paragraph (2), by striking ``, or'' and \n inserting ``,'';\n (B) in paragraph (3), by striking the period at the \n end and inserting ``, or''; and\n (C) by adding at the end the following:\n ``(4) the container of such infant formula (including the \n lining of such container and, in the case of infant formula \n powder, excluding packaging on the outside of the container \n that does not come into contact with the infant formula powder) \n is composed, in whole or in part, of bisphenol A.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall take effect 18 months after the date of enactment of this \n Act.\n (c) Regulation of Other Containers Composed of Bisphenol A.--\n (1) Safety assessment of products composed of bpa.--Not \n later than December 1, 2012, the Secretary of Health and Human \n Services (referred to in this Act as the ``Secretary'') shall \n issue a revised safety assessment for food containers composed, \n in whole or in part, of bisphenol A, taking into consideration \n different types of such food containers and the use of such \n food containers with respect to different foods, as \n appropriate.\n (2) Safety standard.--Through the safety assessment \n described in paragraph (1), and taking into consideration the \n requirements of section 409 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, \n Code of Federal Regulations, the Secretary shall determine \n whether there is a reasonable certainty that no harm will \n result from aggregate exposure to bisphenol A through food \n containers or other items composed, in whole or in part, of \n bisphenol A, taking into consideration potential adverse \n effects from low dose exposure, and the effects of exposure on \n vulnerable populations, including pregnant women, infants, \n children, the elderly, and populations with high exposure to \n bisphenol A.\n (3) Application of safety standard to alternatives.--The \n Secretary shall use the safety standard described under \n paragraph (2) to evaluate the proposed uses of alternatives to \n bisphenol A.\n (d) Savings Provision.--Nothing in this section shall affect the \nright of a State, political subdivision of a State, or Indian Tribe to \nadopt or enforce any regulation, requirement, liability, or standard of \nperformance that is more stringent than a regulation, requirement, \nliability, or standard of performance under this section or that--\n (1) applies to a product category not described in this \n section; or\n (2) requires the provision of a warning of risk, illness, \n or injury associated with the use of food containers composed, \n in whole or in part, of bisphenol A.\n (e) Definition.--For purposes of this section, the term \n``container'' includes the lining of a container.","summary":"Ban Poisonous Additives Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated: (1) food intended for children three years of age or younger if the container is composed of bisphenol A (BPA). (2) a baby bottle or cup that is intended for use by children three years of age or younger, that does not contain a food when such bottle or cup is sold or distributed at retail, and that is composed of BPA. And (3) infant formula if the container is composed of BPA. Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of BPA, taking into consideration different types of such containers and the use of such containers with respect to different foods. And (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA.","title":"A bill to establish requirements with respect to bisphenol A.","text_len":5159,"sum_len":1156} {"bill_id":"103_hr5135","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Employee Benefit Plan Security and \nProtection Act of 1994''.\n\nSEC. 2. CLARIFICATION OF SCOPE OF FIDUCIARY DUTIES UNDER ERISA.\n\n (a) In General.--Section 404(a) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the \nend the following new paragraphs:\n ``(3)(A) In any case in which a fiduciary, in the course of \nmanaging a plan or exercising authority or control respecting \nmanagement or disposition of its assets, has an occasion to choose \nbetween any two alternative investments of plan assets, if the \nfiduciary in making such choice takes into account other factors in \naddition to the rate of return, the riskiness of the investment, and \nother direct economic factors, the fiduciary shall not be considered to \nbe discharging the fiduciary's duties with respect to the plan in \naccordance with paragraph (1) and section 403(c)(1) unless--\n ``(i) the fiduciary has determined in advance that both \n alternatives are economically equally advantageous to the \n participants and beneficiaries under the plan, and\n ``(ii) such other factors are taken into account solely to \n the extent that they would be in the economic interest of \n participants and beneficiaries of the plan.\n ``(B)(i) A fiduciary with respect to a plan shall not be considered \nto be discharging the fiduciary's duties with respect to the plan in \naccordance with paragraph (1) and section 403(c)(1) if the fiduciary, \nin making investment decisions with respect to plan assets, takes into \naccount external benefits.\n ``(ii) A fiduciary shall not be treated as failing to discharge the \nfiduciary's duties with respect to the plan in accordance with \nparagraph (1) or section 403(c)(1) solely because such investment \nyields external benefits.\n ``(iii) For purposes of this subparagraph, the term `external \nbenefit' means, in connection with any investment of plan assets, a \nbenefit to individuals other than participants or beneficiaries under \nthe plan.\n ``(4)(A) Neither the Secretary nor any other agency or \ninstrumentality of the Government of the United States may--\n ``(i) establish or maintain, or cause to be established or \n maintained, by means of subsidy or otherwise, any list of \n investments or classes of investments purporting to satisfy the \n requirements of paragraph (1) or section 403(c)(1), or\n ``(ii) in any manner pledge, guarantee, ensure, or \n otherwise represent that any particular investment or class of \n investments will yield a sufficiently high rate of return at a \n sufficiently low level of risk to satisfy the requirements of \n paragraph (1) or section 403(c)(1).\n ``(B) None of the funds authorized or appropriated to carry out \nthis Act or any other provision of law may be used--\n ``(i) by the Secretary or any other agency or \n instrumentality of the United States, or\n ``(ii) by any other institution or entity established, \n chartered, or subsidized by the United States,\nto subsidize, or to otherwise increase the rate of return on, any \nparticular investment or class of investments for the purpose of \ncausing the requirements of paragraph (1) or section 403(c)(1) to be \nmet with respect to such investment or class of investments.\n ``(5) Nothing in this title shall be construed to permit any matter \nunrelated to the economic interests of participants and beneficiaries \nunder employee benefit plans to be taken into account in determining \nwhether a fiduciary has discharged such fiduciary's duties with respect \nto a plan in accordance with paragraph (1) and section 403(c)(1).''.\n\nSEC. 3. CLARIFICATION OF SCOPE OF EXCLUSIVE BENEFIT RULE UNDER THE \n INTERNAL REVENUE CODE.\n\n (a) In General.--Section 401(a) of the Internal Revenue Code of \n1986 (requirements for qualification of pension, profit-sharing, and \nstock bonus plans) is amended by inserting after paragraph (31) the \nfollowing new paragraph:\n ``(32) Additional rules relating to exclusive benefit \n rule.--\n ``(A) In general.--The requirements of paragraph \n (2) shall not be treated as satisfied with respect to a \n plan, in any case in which a fiduciary, in the course \n of managing a plan or exercising authority or control \n respecting management or disposition of its assets, has \n an occasion to choose between any two alternative \n investments of plan assets, if the fiduciary in making \n such choice takes into account other factors in \n addition to the rate of return, the riskiness of the \n investment, and other direct economic factors, unless--\n ``(i) the fiduciary has determined in \n advance that both alternatives are economically \n equally advantageous to the employees and their \n beneficiaries under the plan, and\n ``(ii) such other factors are taken into \n account solely to the extent that they would be \n in the economic interest of the employees and \n their beneficiaries of the plan.\n ``(B) Disregard of external benefits.--\n ``(i) In general.--The requirements of \n paragraph (2) shall not be treated as satisfied \n with respect to a plan in any case in which a \n fiduciary with respect to the plan, in making \n investment decisions with respect to plan \n assets, takes into account external benefits.\n ``(ii) External benefits permissible.--The \n requirements of paragraph (2) shall not be \n treated as not satisfied solely because such \n investment yields external benefits.\n ``(iii) External benefit.--For purposes of \n this subparagraph, the term `external benefit' \n means, in connection with any investment of \n plan assets, a benefit to individuals other \n than the employees or their beneficiaries under \n the plan.\n ``(C) Noninterference with fiduciary \n responsibilities.--\n ``(i) Prohibition against lists and other \n referrals.--Neither the Secretary nor any other \n agency or instrumentality of the Government of \n the United States may--\n ``(I) establish or maintain, or \n cause to be established or maintained, \n by means of subsidy or otherwise, any \n list of investments or classes of \n investments purporting to satisfy the \n requirements of subparagraph (A), or\n ``(II) in any manner pledge, \n guarantee, ensure, or otherwise \n represent that any particular \n investment or class of investments will \n yield a sufficiently high rate of \n return at a sufficiently low level of \n risk to satisfy the requirements of \n subparagraph (A).\n ``(ii) Prohibition against subsidies.--None \n of the funds authorized or appropriated to \n carry out this title or any other provision of \n law may be used--\n ``(I) by the Secretary or any other \n agency or instrumentality of the United \n States, or\n ``(II) by any other institution or \n entity established, chartered, or \n subsidized by the United States,\n to subsidize, or to otherwise increase the rate \n of return on, any particular investment or \n class of investments for the purpose of causing \n the requirements of subparagraph (A) to be met \n with respect to such investment or class of \n investments.\n ``(D) Irrelevance of matters other than economic \n interests of employees and their beneficiaries.--\n Nothing in this paragraph or paragraph (2) shall be \n construed to permit any matter unrelated to the \n economic interests of the employees and their \n beneficiaries to be taken into account in determining \n whether the requirements of paragraph (2) have been \n satisfied.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to acts or \nfailures to act occurring on or after the date of the enactment of this \nAct.","summary":"Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments.","title":"Employee Benefit Plan Security and Protection Act of 1994","text_len":9630,"sum_len":317} {"bill_id":"106_s393","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Openness Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) it is often burdensome, difficult, and time-consuming \n for citizens to obtain timely access to public records of the \n United States Congress;\n (2) congressional documents that are placed in the \n Congressional Record are made available to the public \n electronically by the Superintendent of Documents under the \n direction of the Public Printer;\n (3) other congressional documents are also made available \n electronically on websites maintained by Members of Congress \n and committees of the Senate and the House of Representatives;\n (4) a wide range of public records of the Congress remain \n inaccessible to the public;\n (5) the public should have easy and timely access, \n including electronic access, to public records of the Congress;\n (6) the Congress should use new technologies to enhance \n public access to public records of the Congress; and\n (7) an informed electorate is the most precious asset of \n any democracy.\n (b) Purpose.--The purposes of this Act are--\n (1) to foster democracy by ensuring public access to public \n records of the Congress;\n (2) to improve public access to public records of the \n Congress; and\n (3) to enhance the electronic public access, including \n access via the Internet, to public records of the Congress.\n\nSEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION.\n\n (a) Availability of Information.--\n (1) In general.--The Director of the Congressional Research \n Service shall make available through a centralized electronic \n database, for purposes of access and retrieval by the public \n under section 5 of this Act, all information described in \n paragraph (2) that is available through the Congressional \n Research Service website.\n (2) Information to be made available.--The information to \n be made available under paragraph (1) is:\n (A) Congressional Research Service Issue Briefs.\n (B) Congressional Research Service Reports that are \n available to Members of Congress through the \n Congressional Research Service website.\n (C) Congressional Research Service Authorization of \n Appropriations Products and Appropriations Products.\n (b) Limitations.--\n (1) Confidential information.--Subsection (a) does not \n apply to--\n (A) any information that is confidential, as \n determined by--\n (i) the Director; or\n (ii) the head of a Federal department or \n agency that provided the information to the \n Congressional Research Service; or\n (B) any documents that are the product of an \n individual, office, or Committee research request \n (other than a document described in section 3(a)(2)).\n (2) Redaction and revision.--In carrying out this section, \n the Director of the Congressional Research Service may--\n (A) remove from the information required to be made \n available under subsection (a) the name and phone \n number of, and any other information regarding, an \n employee of the Congressional Research Service;\n (B) remove from the information required to be made \n available under subsection (a) any material for which \n the Director determines that making it available under \n subsection (a) may infringe the copyright of a work \n protected under title 17, United States Code; and\n (C) make any changes in the information required to \n be made available under subsection (a) that the \n Director determines necessary to ensure that the \n information is accurate and current.\n (c) Time.--The Director of the Congressional Research Service shall \nmake available all information required under this section no earlier \nthan 30 days and no later than 40 days after the date on which the \ninformation is first made available to Members of Congress through the \nCongressional Research Service web site.\n (d) Manner.--The Director of the Congressional Research Service \nshall make information required to be made available under this section \nin a manner that--\n (1) is practical and reasonable; and\n (2) does not permit the submission of comments from the \n public.\n\nSEC. 4. PUBLIC RECORDS OF THE CONGRESS.\n\n (a) Senate.--The Secretary of the Senate, through the Office of \nPublic Records and in accordance with such standards as the Secretary \nmay prescribe, shall make available on the Internet for purposes of \naccess and retrieval by the public:\n (1) Lobbyist disclosure reports.--Lobbyist disclosure \n reports required by the Lobbying Disclosure Act of 1995 (2 \n U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, and \n holidays excepted) after they are received.\n (2) Gift rule disclosure reports.--Senate gift rule \n disclosure reports required under paragraph 2 and paragraph \n 4(b) of rule XXXV of the Standing Rules of the Senate within 5 \n days (Saturdays, Sundays, and holidays excepted) after they are \n received.\n (b) Directory.--The Superintendent of Documents, under the \ndirection of the Public Printer in the Government Printing Office, \nshall include information about the documents made available on the \nInternet under this section in the electronic directory of Federal \nelectronic information required by section 4101(a)(1) of title 44, \nUnited States Code.\n\nSEC. 5. METHOD OF ACCESS.\n\n (a) In General.--The information required to be made available to \nthe public on the Internet under this Act shall be made available as \nfollows:\n (1) CRS information.--Public access to information made \n available under section 3 shall be provided through the \n websites maintained by members and committees of the Senate. \n The Director of the Congressional Research Service shall work \n with the Sergeant-at-Arms of the Senate to carry out this \n paragraph.\n (2) Public records.--Public access to information made \n available under section 4 by the Secretary of the Senate's \n Office of Public Records shall be provided through the United \n States Senate website.\n (b) Editorial Responsibility for CRS Reports Online.--The Director \nof the Congressional Research Service is responsible for maintaining \nand updating the information made available on the Internet under \nsection 3, and shall have sole discretion to edit that information \nunder this Act.\n (c) Further Approval Not Required.--Notwithstanding any other \nprovision of law to the contrary, the Director of the Congressional \nResearch Service shall make the information required to be made \navailable under section 3 of this Act without the prior approval of the \nSenate Committee on Rules and Administration, the Committee on House \nOversight of the House of Representatives, or the Joint Committee on \nPrinting.\n\nSEC. 6. CONGRESSIONAL COMMITTEE MATERIALS.\n\n It is the sense of the Senate that each standing and special \ncommittee of the Senate and each Joint Committee of the Congress, in \naccordance with such rules as the committee may adopt, should provide \naccess via the Internet to publicly-available committee information, \ndocuments, and proceedings, including bills, reports, and transcripts \nof committee meetings that are open to the public.","summary":"Congressional Openness Act - Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via a centralized electronic database all information available through the CRS web site that is not confidential nor the product of an individual, office, or committee research request, including all CRS issue briefs, reports, and authorization or appropriations products. Requires the information to be made accessible between 30 and 40 days after it is first available to Members of Congress through the CRS web site. Directs the Secretary of the Senate, through the Office of Public Records, to make the following information available on the Internet for purposes of access and retrieval by the public: (1) lobbyist disclosure reports, within 90 days after they are received. And (2) gift rule disclosure reports, within five days after they are received. Requires the Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, to include information about such available documents in the electronic directory of Federal electronic information. Requires public access to: (1) the CRS information through the websites maintained by members and committees of the Senate. And (2) the lobbyist and gift rule disclosure reports through the US Senate website. Makes the CRS Director responsible for maintaining, updating, and editing the information made available on the Internet under this Act. Allows the Director to make such information available without the prior approval of specified congressional committees. Expresses the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress should provide access via the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public.","title":"Congressional Openness Act","text_len":8061,"sum_len":1926} {"bill_id":"112_s484","text":"SECTION 1. PURPOSE.\n\n It is the purpose of this Act to ensure that Federal funding is \nprovided to support and sustain the longstanding Federal mandate \nrequiring Fort Lewis College in the State of Colorado to waive tuition \ncharges for each Indian student it admits to an undergraduate program, \nincluding the waiver of tuition charges for Indian students who are not \nresidents of the State of Colorado.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Fort Lewis College in the State of Colorado is a \n signature school for Indian students from throughout the Nation \n and graduates more Indian students than any other baccalaureate \n institution of higher education;\n (2) in 2009, Fort Lewis College awarded 95 degrees in \n science, technology, engineering, and mathematics to Indian \n students, representing 13.5 percent of degrees awarded by \n baccalaureate institutions of higher education to Indian \n students, more degrees than any other comparable baccalaureate \n institution in the Nation;\n (3) as of the 2010-11 academic year, Fort Lewis College \n provides federally mandated tuition-free education to \n approximately 786 Indian students from 124 different Indian \n tribes and 34 different States, representing approximately 20 \n percent of the overall student population at this non-tribal \n institution of higher education that serves Indian students;\n (4) the Federal mandate to provide tuition-free education \n to Indian students was first placed upon the State of Colorado \n under section 5 of the Act of April 4, 1910 (36 Stat. 273, \n chapter 140), as a condition of the transfer of the land, \n buildings, and fixtures comprising Fort Lewis School, which had \n been federally operated;\n (5) the amount of funds expended by the State of Colorado \n to meet the waiver of tuition obligations under section 5 of \n the Act of April 4, 1910 (36 Stat. 273, chapter 140), for all \n Indian students, both out-of-State and in-State, far exceeds \n the value of the land, buildings, and fixtures that the State \n of Colorado holds for the benefit of Fort Lewis College;\n (6) the State of Colorado has expended more than \n $110,000,000 in the past 25 years to meet the costs of the \n tuition waivers for Indian students at Fort Lewis College from \n 44 different States; and\n (7) the federally mandated tuition waiver program for \n Indian students at Fort Lewis College is at risk of being \n reduced by the severe budget constraints of the State of \n Colorado, thereby jeopardizing the education of many talented \n Indian students from around the Nation, in present and future \n classes.\n\nSEC. 3. STATE RELIEF FROM FEDERAL MANDATE.\n\n (a) Amount of Payment.--\n (1) In general.--Subject to paragraph (2), for fiscal year \n 2011 and each succeeding fiscal year, the Secretary of \n Education shall pay to Fort Lewis College in the State of \n Colorado an amount equal to the charges for tuition for all \n Indian students who are not residents of the State of Colorado \n and who are enrolled in Fort Lewis College for the academic \n year ending before the beginning of such fiscal year.\n (2) Limitation.--The amount paid to Fort Lewis College for \n each fiscal year under paragraph (1) may not exceed the amount \n equal to the charges for tuition for all Indian students who \n were not residents of the State of Colorado and who were \n enrolled in Fort Lewis College for academic year 2010-2011.\n (b) Treatment of Payment.--Any amounts received under this section \nshall be treated as a reimbursement from the State of Colorado to Fort \nLewis College for complying with the requirement of section 5 of the \nAct of April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian \nstudents free of charge of tuition.\n (c) Rule of Construction.--Nothing in this Act shall be construed \nto relieve the State of Colorado from reimbursing, for purposes of \ncomplying with the requirements of section 5 of the Act of April 4, \n1910 (36 Stat. 273, chapter 140), Fort Lewis College for each academic \nyear--\n (1) with respect to Indian students who are not residents \n of the State of Colorado and who are enrolled in Fort Lewis \n College, any amount of charges for tuition for such students \n that exceeds the amount received under this section for such \n academic year; and\n (2) with respect to Indian students who are residents of \n the State of Colorado and who are enrolled in Fort Lewis \n College, an amount equal to the charges for tuition for such \n students for such academic year.\n (d) Definition.--In this section, the term ``Indian students'' \nrefers to the term ``Indian pupils'' in section 5 of the Act of April \n4, 1910 (36 Stat. 269, chapter 140).\n (e) Funding.--There are authorized to be appropriated, and there \nare appropriated (in addition to any other amounts appropriated to \ncarry out this section and out of any money in the Treasury not \notherwise appropriated), such sums as may be necessary to carry out \nthis section.","summary":"Requires the Secretary of Education, beginning in FY2011, to pay to Fort Lewis College in Colorado an amount equal to the charges for tuition for enrolled Indian students who are not Colorado residents. Limits the amount paid to Fort Lewis College per fiscal year to an amount equal to the charges for tuition for Indian students who were non-Colorado residents and were enrolled for the academic year 2010-2011. Treats amounts received under this Act as a reimbursement from Colorado to Fort Lewis College for complying with federal law requiring the admission of Indian students at the College free of charge of tuition. Prohibits anything in this Act from being construed as relieving Colorado from reimbursing Fort Lewis College for each academic year: (1) with respect to enrolled Indian students who are not Colorado residents, any amount of the charges for their tuition which exceeds the amount received under this Act. And (2) with respect to enrolled Indian students who are Colorado residents, an amount equal to the charges for their tuition.","title":"A bill to direct the Secretary of Education to pay to Fort Lewis College in the State of Colorado an amount equal to the tuition charges for Indian students who are not residents of the State of Colorado.","text_len":5407,"sum_len":1054} {"bill_id":"114_s3145","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clarence Gideon Full Access to \nJustice Act'' or the ``Gideon Act''.\n\nSEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY.\n\n (a) In General.--Chapter 201 of title 18, United States Code, is \namended by inserting after section 3006A the following:\n``Sec. 3006B. Defender Office for Supreme Court Advocacy\n ``(a) Definitions.--In this section--\n ``(1) the term `Board' means the Board of Directors \n established under subsection (d) for the Office;\n ``(2) the term `consult' includes, with respect to covered \n cases--\n ``(A) giving advice;\n ``(B) drafting or editing briefs;\n ``(C) providing assistance with moot courts; and\n ``(D) organizing or coordinating the drafting, \n editing, and filing of amicus curiae briefs;\n ``(3) the term `covered case' means a noncapital case \n involving an issue of Federal criminal statutory or \n constitutional law;\n ``(4) the term `Director' means the Director of the Office \n selected in accordance with subsection (e); and\n ``(5) the term `Office' means the Defender Office for \n Supreme Court Advocacy established under subsection (b).\n ``(b) Establishment; Purposes.--There is established in the \nDistrict of Columbia a private nonmembership nonprofit corporation, \nwhich shall be known as the Defender Office for Supreme Court Advocacy, \nfor the purpose of--\n ``(1) advocating on behalf of individuals in covered cases \n before--\n ``(A) the Supreme Court of the United States; and\n ``(B) when resources permit, the highest court of a \n State; and\n ``(2) providing assistance to attorneys advocating on \n behalf of individuals in covered cases described in paragraph \n (1).\n ``(c) Principal Office.--The Office shall maintain its principal \noffice in the District of Columbia.\n ``(d) Board of Directors.--\n ``(1) In general.--The Office shall have a Board of \n Directors consisting of 18 voting members--\n ``(A) 6 of whom shall be Federal Public Defenders \n or Executive Directors of Community Defender \n Organizations described in section 3006A, elected by \n the Federal Public Defenders and the Executive \n Directors of Community Defender Organizations in each \n district;\n ``(B) 6 of whom shall be attorneys from a panel \n described in section 3006A(b), elected by the panel \n attorney district representatives; and\n ``(C) 6 of whom shall be State or local public \n defenders from geographically diverse States, who shall \n be elected by the individuals elected under \n subparagraphs (A) and (B) not later than 6 months after \n the date of the first meeting of the Board.\n ``(2) Staggered terms.--\n ``(A) In general.--A member of the Board shall \n serve a term of 4 years, except that the first members \n elected to the Board under subparagraph (A) or (B) of \n paragraph (1) shall be divided into Class A and Class \n B.\n ``(B) Classes.--Class A and Class B shall each \n consist of--\n ``(i) 3 members elected under paragraph \n (1)(A); and\n ``(ii) 3 members elected under paragraph \n (1)(B).\n ``(C) Terms.--\n ``(i) Initial terms.--For the initial \n members of the Board--\n ``(I) members of Class A shall \n serve a term of 2 years;\n ``(II) members of Class B shall \n serve a term of 4 years; and\n ``(III) members elected under \n paragraph (1)(C) shall serve a term of \n 4 years.\n ``(ii) Subsequent terms.--All subsequent \n terms shall be for a term of 4 years.\n ``(D) Membership of each class.--The membership of \n each class shall be determined by the members of the \n Board at the first meeting of the Board of Directors.\n ``(E) Vacancies.--Interim elections may be held to \n fill any vacancies.\n ``(3) Bylaws.--The Board shall establish bylaws to govern \n the operations of the Office.\n ``(e) Director.--\n ``(1) In general.--The Board of Directors shall appoint a \n Director for the Office.\n ``(2) Requirement.--The Director appointed under paragraph \n (1) shall not be a member of the Board of Directors.\n ``(f) General Requirements for Director.--The Director shall be \nlearned and experienced in the law applicable to Federal criminal \nappellate practice.\n ``(g) Functions of the Office.--\n ``(1) Grants of petitions for writs of certiorari in the \n supreme court of the united states.--\n ``(A) In general.--On the granting of a petition \n for a writ of certiorari by the Supreme Court of the \n United States in a covered case, the Office shall--\n ``(i) consult with any counsel in a covered \n case in which the defendant was previously \n represented by counsel appointed under section \n 3006A; and\n ``(ii) when resources permit, be available \n to consult with counsel in any other covered \n case.\n ``(B) Arguing case.--In any covered case, an \n attorney described in clause (i) or (ii) of \n subparagraph (A) may--\n ``(i) advocate on behalf of an individual \n before the Supreme Court of the United States; \n or\n ``(ii) permit the Office to advocate on \n behalf of an individual before the Supreme \n Court of the United States.\n ``(2) Filing of amicus curiae briefs.--The Office may file \n an amicus curiae brief--\n ``(A) in any covered case in the Supreme Court of \n the United States; and\n ``(B) when resources permit, in a covered case in \n the highest courts of States.\n ``(3) Call for the views of the office; leave to \n participate in oral argument.--In any covered case--\n ``(A) upon request by the Supreme Court of the \n United States--\n ``(i) the Office may provide the views of \n the Office on the covered case; and\n ``(ii) an employee of the Office may \n participate in oral argument as amicus curiae; \n and\n ``(B) upon request by the highest court of a State, \n and when resources permit--\n ``(i) the Office may provide the views of \n the Office on the covered case; and\n ``(ii) an employee of the Office may \n participate in oral argument as amicus curiae.\n ``(4) Monitoring court decisions and filing petitions for \n certiorari.--The Office may--\n ``(A) monitor issues in covered cases--\n ``(i) on which the courts of appeals of the \n United States are divided; or\n ``(ii) that involve significant Federal \n criminal statutory or constitutional issues; \n and\n ``(B) draft, edit, and file a petition for \n certiorari in the Supreme Court of the United States on \n behalf of an individual seeking review by the Supreme \n Court of the United States of a covered case.\n ``(5) Training.--The Office may provide training to carry \n out the purpose and functions of the Office.\n ``(6) Other functions.--In addition to the functions \n described in paragraphs (1) through (5), the Director may \n allocate any funds made available to the Office for any other \n function that the Director determines is necessary to carry out \n the purposes of the Office, including, when resources permit, \n advocacy in a covered case before the highest court of a State.\n ``(h) Employees.--The Director, subject to general policies \nestablished by the Office, has the authority to appoint and remove such \nemployees of the Office as the Director determines necessary to carry \nout the purposes of the Office.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 201 of title 18, United States Code, is amended by inserting \nafter the item relating to section 3006A the following:\n\n``3006B. Defender Office for Supreme Court Advocacy.''.","summary":"Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals.","title":"Gideon Act","text_len":9632,"sum_len":566} {"bill_id":"112_s1832","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Marketplace Fairness Act''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that States should have the ability to \nenforce their existing sales and use tax laws and to treat similar \nsales transactions equally, without regard to the manner in which the \nsale is transacted, and the right to collect--or decide not to \ncollect--taxes that are already owed under State law.\n\nSEC. 3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.\n\n (a) Streamlined Sales and Use Tax Agreement.--Each Member State \nunder the Streamlined Sales and Use Tax Agreement is authorized to \nrequire all sellers not qualifying for a small seller exception to \ncollect and remit sales and use taxes with respect to remote sales \nsourced to that Member State pursuant to the provisions of the \nStreamlined Sales and Use Tax Agreement. Such authority shall commence \nbeginning no earlier than the first day of the calendar quarter that is \nat least 90 days after the date of the enactment of this Act.\n (b) Alternative.--\n (1) In general.--A State that is not a Member State under \n the Streamlined Sales and Use Tax Agreement is authorized to \n require all sellers not qualifying for the small seller \n exception to collect and remit sales and use taxes with respect \n to remote sales sourced to that State, but only if the State \n adopts and implements minimum simplification requirements. Such \n authority shall commence beginning no earlier than the first \n day of the calendar quarter that is at least 6 months after the \n date that the State enacts legislation to implement each of the \n following minimum simplification requirements:\n (A) Provide--\n (i) a single State-level agency to \n administer all sales and use tax laws, \n including the collection and administration of \n all State and applicable locality sales and use \n taxes for all sales sourced to the State made \n by remote sellers,\n (ii) a single audit for all State and local \n taxing jurisdictions within that State, and\n (iii) a single sales and use tax return to \n be used by remote sellers and single and \n consolidated providers and to be filed with the \n State-level agency.\n (B) Provide a uniform sales and use tax base among \n the State and the local taxing jurisdictions within the \n State.\n (C) Require remote sellers and single and \n consolidated providers to collect sales and use taxes \n pursuant to the applicable destination rate, which is \n the sum of the applicable State rate and any applicable \n rate for the local jurisdiction into which the sale is \n made.\n (D) Provide--\n (i) adequate software and services to \n remote sellers and single and consolidated \n providers that identifies the applicable \n destination rate, including the State and local \n sales tax rate (if any), to be applied on sales \n sourced to the State, and\n (ii) certification procedures for both \n single providers and consolidated providers to \n make software and services available to remote \n sellers, and hold such providers harmless for \n any errors or omissions as a result of relying \n on information provided by the State.\n (E) Hold remote sellers using a single or \n consolidated provider harmless for any errors and \n omissions by that provider.\n (F) Relieve remote sellers from liability to the \n State or locality for collection of the incorrect \n amount of sales or use tax, including any penalties or \n interest, if collection of the improper amount is the \n result of relying on information provided by the State.\n (G) Provide remote sellers and single and \n consolidated providers with 30 days notice of a rate \n change by any locality in the State.\n (2) Treatment of local rate changes.--For purposes of this \n subsection, local rate changes may only be effective on the \n first day of a calendar quarter. Failure to provide notice \n under paragraph (1)(G) shall require the State and locality to \n hold the remote seller or single or consolidated provider \n harmless for collecting tax at the immediately preceding \n effective rate during the 30-day period. Each State must \n provide updated rate information as part of the software and \n services required by paragraph (1)(D).\n (c) Small Seller Exception.--A State shall be authorized to require \na remote seller, or a single or consolidated provider acting on behalf \nof a remote seller, to collect sales or use tax under this Act if the \nremote seller has gross annual receipts in total remote sales in the \nUnited States in the preceding calendar year exceeding $500,000. For \npurposes of determining whether the threshold in this subsection is \nmet, the sales of all persons related within the meaning of subsections \n(b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue \nCode of 1986 shall be aggregated.\n\nSEC. 4. TERMINATION OF AUTHORITY.\n\n The authority granted by this Act shall terminate on the date that \nthe highest court of competent jurisdiction makes a final determination \nthat the State no longer meets the requirements of this Act, and the \ndetermination of such court is no longer subject to appeal.\n\nSEC. 5. LIMITATIONS.\n\n (a) In General.--Nothing in this Act shall be construed as--\n (1) subjecting a seller or any other person to franchise, \n income, occupation, or any other type of taxes, other than \n sales and use taxes,\n (2) affecting the application of such taxes, or\n (3) enlarging or reducing State authority to impose such \n taxes.\n (b) No Effect on Nexus.--No obligation imposed by virtue of the \nauthority granted by this Act shall be considered in determining \nwhether a seller or any other person has a nexus with any State for any \ntax purpose other than sales and use taxes.\n (c) Licensing and Regulatory Requirements.--Other than the \nlimitation set forth in subsection (a), and section 3, nothing in this \nAct shall be construed as permitting or prohibiting a State from--\n (1) licensing or regulating any person,\n (2) requiring any person to qualify to transact intrastate \n business,\n (3) subjecting any person to State taxes not related to the \n sale of goods or services, or\n (4) exercising authority over matters of interstate \n commerce.\n (d) No New Taxes.--Nothing in this Act shall be construed as \nencouraging a State to impose sales and use taxes on any goods or \nservices not subject to taxation prior to the date of the enactment of \nthis Act.\n (e) Intrastate Sales.--The provisions of this Act shall only apply \nto remote sales and shall not apply to intrastate sales or intrastate \nsourcing rules. States granted authority under section 3(a) shall \ncomply with the intrastate provisions of the Streamlined Sales and Use \nTax Agreement.\n\nSEC. 6. DEFINITIONS AND SPECIAL RULES.\n\n In this Act:\n (1) Consolidated provider.--The term ``consolidated \n provider'' means any person certified by a State who has the \n rights and responsibilities for sales and use tax \n administration, collection, remittance, and audits for \n transactions serviced or processed for the sale of goods or \n services made by remote sellers on an aggregated basis.\n (2) Locality; local.--The terms ``locality'' and ``local'' \n refer to any political subdivision of a State.\n (3) Member state.--The term ``Member State''--\n (A) means a Member State as that term is used under \n the Streamlined Sales and Use Tax Agreement as in \n effect on the date of the enactment of this Act, and\n (B) does not include any associate member under the \n Streamlined Sales and Use Tax Agreement.\n (4) Person.--The term ``person'' means an individual, \n trust, estate, fiduciary, partnership, corporation, limited \n liability company, or other legal entity, and a State or local \n government.\n (5) Remote sale.--The term ``remote sale'' means a sale of \n goods or services attributed to a State with respect to which a \n seller does not have adequate physical presence to establish \n nexus under Quill Corp. v. North Dakota, 504 U.S. 298 (1992).\n (6) Remote seller.--The term ``remote seller'' means a \n person that makes remote sales.\n (7) Single provider.--The term ``single provider'' means \n any person certified by a State who has the rights and \n responsibilities for sales and use tax administration, \n collection, remittance, and audits for transactions serviced or \n processed for the sale of goods or services made by remote \n sellers.\n (8) Sourced.--For purposes of a State granted authority \n under section 3(b), the location to which a remote sale is \n sourced refers to the location where the item sold is received \n by the purchaser, based on the location indicated by \n instructions for delivery that the purchaser furnishes to the \n seller. When no delivery location is specified, the remote sale \n is sourced to the customer's address that is either known to \n the seller or, if not known, obtained by the seller during the \n consummation of the transaction, including the address of the \n customer's payment instrument if no other address is available. \n If an address is unknown and a billing address cannot be \n obtained, the remote sale is sourced to the address of the \n seller from which the remote sale was made. A State granted \n authority under section 3(a) shall comply with the sourcing \n provisions of the Streamlined Sales and Use Tax Agreement.\n (9) State.--The term ``State'' means each of the several \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, Guam, American Samoa, the United States Virgin Islands, \n the Commonwealth of the Northern Mariana Islands, and any other \n territory or possession of the United States.\n (10) Streamlined sales and use tax agreement.--The term \n ``Streamlined Sales and Use Tax Agreement'' means the multi-\n State agreement with that title adopted on November 12, 2002, \n as in effect on the date of the enactment of this Act and as \n further amended from time to time.\n\nSEC. 7. SEVERABILITY.\n\n If any provision of this Act or the application of such provision \nto any person or circumstance is held to be unconstitutional, the \nremainder of this Act and the application of the provisions of such to \nany person or circumstance shall not be affected thereby.","summary":"Marketplace Fairness Act - Expresses the sense of Congress that states should be able to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and to collect, or decide not to collect, taxes that are owed under state law. Authorizes each member state under the Streamlined Sales and Use Tax Agreement to require all sellers not qualifying for a small-seller exception to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement. Defines remote sale as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus with the state. Allows a state that is not a member state under the Agreement to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to such state if the state adopts and implements certain minimum simplification requirements, including: (1) providing a single state agency to administer all sales and use taxes, (2) establishing a uniform sales and use tax base, (3) relieving remote sellers from liability to the state or a locality for collection of the incorrect amount of sales or use tax based on information provided by the state, and (4) providing remote sellers 30 days' notice of a tax rate change by any locality in the state.","title":"A bill to restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes.","text_len":11856,"sum_len":1421} {"bill_id":"112_hr3471","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping Individuals Return to \nEmployment Act'' or the ``HIRE Act''.\n\nSEC. 2. COMMUNITY EMPLOYMENT GRANTS.\n\n (a) Grants Authorized.--The Secretary of Labor is authorized to \naward competitive grants for the hiring of unemployed individuals to \nperform work to benefit communities, under terms and conditions set \nforth in this section.\n (b) Eligible Entities.--Grants under this section may be awarded to \nany of the following entities in the areas described in subsection (c):\n (1) Units of local government.\n (2) Workforce investment boards, established pursuant to \n section 117 of the Workforce Investment Act of 1998 (29 U.S.C. \n 2832).\n (3) Non-profit organizations described in section 501(c)(3) \n of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).\n (c) Targeted Communities.--Grants under this section may be awarded \nto eligible entities located in or primarily serving in one of the \nfollowing areas, if the unemployment rate in such area is higher than 7 \npercent during the 3-month period preceding the award of the grant:\n (1) A renewal community with respect to which a designation \n was in effect under section 1400E(a) of the Internal Revenue \n Code of 1986 (26 U.S.C. 1400E(a)) on December 31, 2009.\n (2) An empowerment zone designated under section 1391 of \n such Code.\n (3) A historically underutilized business zone designated \n under section 3(p)(1) of the Small Business Act (15 U.S.C. \n 632(p)(1)).\n (d) Individuals Eligible for Employment.--Grants awarded under this \nsection shall be used to hire unemployed individuals residing in the \nareas described in subsection (c), including individuals age 16 and \nolder, with priority going to individuals who have been unemployed for \nmore than a year.\n (e) Limitations.--\n (1) Union consultation.--No individual whose employment is \n funded under a grant authorized under this Act may work for an \n employer at which a collective bargaining agreement is in \n effect covering the same or similar work, unless--\n (A) the consent of the labor organization at such \n employer is obtained; and\n (B) negotiations have taken place between such \n labor organization and the employer as to the terms and \n conditions of such employment.\n (2) Nondisplacement.--An individual whose employment is \n funded under this Act may not displace other employees whose \n employment is not funded under this Act. A grant recipient \n under this Act may not hire an employee or employees with funds \n under this Act for any employment which the grant recipient \n would otherwise hire an employee who has been furloughed.\n (f) Effect on Unemployment Compensation.--The amount of any \nunemployment compensation payable to an individual employed under a \ngrant established by this Act is a pro rata portion of the unemployment \ncompensation which would otherwise be payable to the employee if such \nemployee were totally unemployed.\n (g) Consultation Requirement.--An eligible entity that receives a \ngrant under this Act shall consult with community leaders, including \nsmall business owners, labor organizations, and local residents to \nassess the needs of the community to determine the qualifying \nactivities for which individuals will be hired.\n (h) Qualifying Activities.--Individuals hired using grant funds \nawarded under this section shall be employed for a minimum of 20 hours \nper week only in activities that benefit the community in the areas \ndescribed in subsection (c), including activities such as public works, \nbeautification, historic restoration, tutoring, and adult education. In \naddition, where an eligible entity determines appropriate, a portion of \nthe grant funds may be used to ensure the safety of employees hired \nunder the grant and provide necessary job training.\n (i) Federal Share.--Funds awarded under this section shall \nsupplement, not supplant, funds of the eligible entity that are used \nfor such purposes.\n (j) Application.--Eligible entities seeking a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch form, and containing such information and assurances as the \nSecretary may require.\n (k) Required Deadline for Hiring.--An eligible entity receiving a \ngrant under this section shall--\n (1) determine the number of individuals that may be hired \n for a 3-year period using both grant funds and local funds \n available for such purpose; and\n (2) hire such individuals within 60 days after receiving a \n grant.\n (l) Regulations.--The Secretary of Labor may promulgate regulations \nnecessary to implement the grant program authorized by this Act, \nincluding any necessary regulations necessary to apply wage and labor \nprotections to individuals employed under a grant.\n (m) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary of Labor such sums as may be necessary to \ncarry out this section.","summary":"Helping Individuals Return to Employment Act or HIRE Act - Authorizes the Secretary of Labor to award competitive grants to eligible entities to hire unemployed individuals age 16 and older to perform a minimum of 20 hours per week of work to benefit certain communities, including activities such as public works, beautification, historic restoration, tutoring, and adult education. Restricts such grants to eligible entities located in or primarily serving in a community designated either as a renewal community, an empowerment zone, or a historically underutilized business zone (HUBZone), if the unemployment rate in the area is higher than 7 during the 3-month period preceding award of the grant. Requires that priority in the award of grants be given to individuals who have been unemployed for more than a year. Prescribes certain grant limitations.","title":"To authorize the Secretary of Labor to award grants for the employment of individuals in targeted communities to perform work for the benefit of such communities.","text_len":5292,"sum_len":858} {"bill_id":"110_hr6237","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Tax Relief for Long-Term Care Act of \n2008''.\n\nSEC. 2. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS \n WITH LONG-TERM CARE NEEDS.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25D the \nfollowing new section:\n\n``SEC. 25E. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR \n TAXPAYERS WITH LONG-TERM CARE NEEDS.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--There shall be allowed as a credit \n against the tax imposed by this chapter for the taxable year an \n amount equal to the sum of--\n ``(A) eligible long-term care premiums (as defined \n in section 213(d)(10)) paid during the taxable year for \n coverage for the taxpayer and the taxpayer's spouse and \n dependents under a qualified long-term care insurance \n contract (as defined in section 7702B(b)); and\n ``(B) the long-term care amount multiplied by the \n number of applicable individuals with respect to whom \n the taxpayer is an eligible caregiver for the taxable \n year.\n ``(2) Long-term care amount.--For purposes of paragraph \n (1), the long-term care amount shall be determined in \n accordance with the following table:\n\n``For taxable years The long-term\n beginning in calender year-- care amount is--\n 2009............................................... $1,000 \n 2010............................................... $1,500 \n 2011............................................... $2,000 \n 2012............................................... $2,500 \n 2013 or thereafter................................. $3,000.\n ``(b) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The amount of the credit allowable under \n subsection (a) shall be reduced (but not below zero) by $100 \n for each $1,000 (or fraction thereof) by which the taxpayer's \n modified adjusted gross income exceeds the threshold amount. \n For purposes of the preceding sentence, the term `modified \n adjusted gross income' means adjusted gross income increased by \n any amount excluded from gross income under section 911, 931, \n or 933.\n ``(2) Threshold amount.--For purposes of paragraph (1), the \n term `threshold amount' means--\n ``(A) $150,000 in the case of a joint return, and\n ``(B) $75,000 in any other case.\n ``(3) Coordination.--For purposes of this section, the \n reduction under paragraph (1) shall be treated as first being a \n reduction in the long-term care amount to the extent thereof.\n ``(4) Indexing.--In the case of any taxable year beginning \n in a calendar year after 2009, each dollar amount contained in \n paragraph (2) shall be increased by an amount equal to the \n product of--\n ``(A) such dollar amount, and\n ``(B) the medical care cost adjustment determined \n under section 213(d)(10)(B)(ii) for the calendar year \n in which the taxable year begins, determined by \n substituting `August 2008' for `August 1996' in \n subclause (II) thereof.\n If any increase determined under the preceding sentence is not \n a multiple of $50, such increase shall be rounded to the next \n lowest multiple of $50.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Applicable individual.--\n ``(A) In general.--The term `applicable individual' \n means, with respect to any taxable year, any individual \n who has been certified, before the due date for filing \n the return of tax for the taxable year (without \n extensions), by a physician (as defined in section \n 1861(r)(1) of the Social Security Act) as being an \n individual with long-term care needs described in \n subparagraph (B) for a period--\n ``(i) which is at least 180 consecutive \n days, and\n ``(ii) a portion of which occurs within the \n taxable year.\n Notwithstanding the preceding sentence, a certification \n shall not be treated as valid unless it is made within \n the 39\\1\/2\\ month period ending on such due date (or \n such other period as the Secretary prescribes).\n ``(B) Individuals with long-term care needs.--An \n individual is described in this subparagraph if the \n individual meets any of the following requirements:\n ``(i) The individual is at least 6 years of \n age and--\n ``(I) is unable to perform (without \n substantial assistance from another \n individual) at least 3 activities of \n daily living (as defined in section \n 7702B(c)(2)(B)) due to a loss of \n functional capacity, or\n ``(II) requires substantial \n supervision to protect such individual \n from threats to health and safety due \n to severe cognitive impairment and is \n unable to preform, without reminding or \n cuing assistance, at least 1 activity \n of daily living (as so defined) or to \n the extent provided in regulations \n prescribed by the Secretary (in \n consultation with the Secretary of \n Health and Human Services), is unable \n to engage in age appropriate \n activities.\n ``(ii) The individual is at least 2 but not \n 6 years of age and is unable due to a loss of \n functional capacity to perform (without \n substantial assistance from another individual) \n at least 2 of the following activities: eating, \n transferring, or mobility.\n ``(iii) The individual is under 2 years of \n age and requires specific durable medical \n equipment by reason of a severe health \n condition or requires a skilled practitioner \n trained to address the individual's condition \n to be available if the individual's parents or \n guardians are absent.\n ``(2) Eligible caregiver.--\n ``(A) In general.--A taxpayer shall be treated as \n an eligible caregiver for any taxable year with respect \n to the following individuals:\n ``(i) The taxpayer.\n ``(ii) The taxpayer's spouse.\n ``(iii) An individual with respect to whom \n the taxpayer is allowed a deduction under \n section 151(c) for the taxable year.\n ``(iv) An individual who would be described \n in clause (iii) for the taxable year if the \n requirements of subparagraph (B) are met with \n respect to the individual in lieu of the \n support test under subsection (c)(1)(D) or \n (d)(1)(C) of section 152.\n ``(B) Residency test.--The requirements of this \n subparagraph are met if an individual has as his \n principal place of abode the home of the taxpayer and--\n ``(i) in the case of an individual who is \n an ancestor or descendant of the taxpayer or \n the taxpayer's spouse, is a member of the \n taxpayer's household for over half the taxable \n year, or\n ``(ii) in the case of any other individual, \n is a member of the taxpayer's household for the \n entire taxable year.\n ``(C) Special rules where more than 1 eligible \n caregiver.--\n ``(i) In general.--If more than 1 \n individual is an eligible caregiver with \n respect to the same applicable individual for \n taxable years ending with or within the same \n calendar year, a taxpayer shall be treated as \n the eligible caregiver if each such individual \n (other than the taxpayer) files a written \n declaration (in such form and manner as the \n Secretary may prescribe) that such individual \n will not claim such applicable individual for \n the credit under this section.\n ``(ii) No agreement.--If each individual \n required under clause (i) to file a written \n declaration under clause (i) does not do so, \n the individual with the highest adjusted gross \n income shall be treated as the eligible \n caregiver.\n ``(iii) Married individuals filing \n separately.--In the case of married individuals \n filing separately, the determination under this \n subparagraph as to whether the husband or wife \n is the eligible caregiver shall be made under \n the rules of clause (ii) (whether or not one of \n them has filed a written declaration under \n clause (i)).\n ``(d) Identification Requirement.--No credit shall be allowed under \nthis section to a taxpayer with respect to any applicable individual \nunless the taxpayer includes the name and taxpayer identification \nnumber of such individual, and the identification number of the \nphysician certifying such individual, on the return of tax for the \ntaxable year.\n ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case \nof a taxable year closed by reason of the death of the taxpayer, no \ncredit shall be allowable under this section in the case of a taxable \nyear covering a period of less than 12 months.\n ``(f) Coordination With Other Deductions.--Any amount paid by a \ntaxpayer for any qualified long-term care insurance contract to which \nsubsection (a) applies shall not be taken into account in computing the \namount allowable to the taxpayer as a deduction under section 162(l) or \n213(a).''.\n (b) Conforming Amendments.--\n (1) Section 6213(g)(2) of such Code is amended by striking \n ``and'' at the end of subparagraph (L), by striking the period \n at the end of subparagraph (M) and inserting ``, and'', and by \n inserting after subparagraph (M) the following new \n subparagraph:\n ``(N) an omission of a correct TIN or physician \n identification required under section 25E(d) (relating \n to credit for taxpayers with long-term care needs) to \n be included on a return.''.\n (2) The table of sections for subpart A of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 25D the following new item:\n\n``Sec. 25E. Credit for long-term care insurance premiums and for \n taxpayers with long-term care needs.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.","summary":"Tax Relief for Long-Term Care Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for long-term care insurance premiums and for care provided by a caregiver to a family member or dependent with long-term care needs who resides with such caregiver. Phases in a maximum credit amount of $3,000 between 2009 and 2013. Reduces such credit amount for a taxpayer whose adjusted gross income exceeds $75,000 .","title":"To amend the Internal Revenue Code of 1986 to provide for a credit for long-term care insurance premiums and for taxpayers with long-term care needs.","text_len":12778,"sum_len":419} {"bill_id":"115_hr2184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cyber Scholarship Opportunities Act \nof 2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) A well-trained workforce is essential to meeting the \n Nation's growing cybersecurity needs.\n (2) A 2015 report by the National Academy of Public \n Administration found that the United States faces a severe \n shortage of properly trained and equipped cybersecurity \n professionals.\n (3) A 2015 study of the information security workforce \n found that the information security workforce shortfall is \n widening.\n (4) The National Science Foundation's CyberCorps: \n Scholarship-for-Service program is a successful effort to \n support capacity building in institutions of higher education \n and scholarships for students to pursue cybersecurity careers.\n\nSEC. 3. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.\n\n Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. \n7442) is amended--\n (1) in subsection (a), by adding at the end the following: \n ``Scholarship recipients shall include eligible students who \n are pursuing an associate's degree in a cybersecurity field \n without the intent of transferring to a bachelor's degree \n program and either have a bachelor's degree already or are \n veterans of the Armed Forces.'';\n (2) in subsection (d), by adding at the end the following: \n ``In the case of a scholarship recipient who is pursuing a \n doctoral or master's degree, such agreement may include (if \n determined on a case-by-case basis by the Director of the \n National Science Foundation to be appropriate and to further \n the goals of the scholarship-for-service program) an agreement \n for the recipient to work at an institution of higher education \n or for a local educational agency teaching cybersecurity skills \n for a period equal to the length of the scholarship following \n receipt of such degree.'';\n (3) in subsection (f)--\n (A) by striking paragraph (3) and inserting the \n following:\n ``(3) have demonstrated a high level of competency in \n relevant knowledge, skills, and abilities, as described in the \n national cybersecurity awareness and education program under \n section 401;''; and\n (B) by striking paragraph (4) and inserting the \n following:\n ``(4) be a student in an eligible degree program at a \n qualified institution of higher education, as determined by the \n Director of the National Science Foundation, who is--\n ``(A) a full-time student; or\n ``(B) a student who is enrolled for study leading \n to a degree on a less than full-time basis but not less \n than half-time basis; and'';\n (4) by striking subsection (m) and inserting the following:\n ``(m) Evaluation and Report.--\n ``(1) In general.--The Director of the National Science \n Foundation shall evaluate and make public, in a manner that \n protects the personally identifiable information of scholarship \n recipients, information on the success of recruiting \n individuals for scholarships under this section and on hiring \n and retaining those individuals in the public sector workforce, \n including on--\n ``(A) placement rates;\n ``(B) where students are placed;\n ``(C) student salary ranges for students not \n released from obligations under this section;\n ``(D) how long after graduation they are placed;\n ``(E) how long they stay in the positions they \n enter upon graduation;\n ``(F) how many students are released from \n obligations;\n ``(G) what (if any) remedial training needs are \n required; and\n ``(H) the number of determinations permitting \n scholarship recipients to fulfill their obligations at \n an institution of higher education or local educational \n agency pursuant to subsection (d) or in a critical \n infrastructure position pursuant to subsection (p)(1), \n and the reason for each such determination.\n ``(2) Regular reports.--The Director of the National \n Science Foundation shall submit to Congress a report containing \n the information described in paragraph (1) not later than 180 \n days after the date of enactment of the Cyber Scholarship \n Opportunities Act of 2017 and not less than once every 2 years \n thereafter.''; and\n (5) by adding at the end the following:\n ``(n) Resources.--The Director of the National Science Foundation \nshall work with the Director of the Office of Personnel Management to \nestablish an online resource center for the CyberCorps community that \nconsolidates or eliminates other relevant websites, if possible. Such \nonline resource center shall--\n ``(1) present up-to-date, accurate information about \n existing scholarship programs and job opportunities;\n ``(2) present a modernized view of cybersecurity careers;\n ``(3) improve user friendliness; and\n ``(4) allow prospective job applicants to search positions \n by State, salary, and title.\n ``(o) Cybersecurity at Kindergarten Through Grade 12 Level.--The \nDirector of the National Science Foundation, in coordination with other \nFederal agencies as necessary, shall carry out a program to grow and \nimprove cybersecurity education at the kindergarten through grade 12 \nlevel that--\n ``(1) increases interest in cybersecurity careers;\n ``(2) helps students practice correct and safe online \n behavior and understand the foundational principles of \n cybersecurity; and\n ``(3) improves teaching methods for delivering \n cybersecurity content for kindergarten through grade 12 \n computer science curricula.\n ``(p) Critical Infrastructure Protection.--Due to the need for \nskilled cybersecurity professionals to protect the Nation's critical \ninfrastructure, the Director of the National Science Foundation may--\n ``(1) grant exceptions to students for fulfilling post-\n award employment obligations under this section (on a case-by-\n case basis and in coordination with other Federal agencies) who \n agree to work in a critical infrastructure mission at a Federal \n Government corporation or a State, local, or tribal government-\n affiliated asset, system, or network that is considered to be \n part of a critical infrastructure sector as described in \n Presidential Policy Directive-21, issued February 12, 2013 \n (related to critical infrastructure security and resilience), \n or any successor; and\n ``(2) develop a pilot program to enhance critical \n infrastructure protection training for students pursuing \n careers in cybersecurity.\n ``(q) Studies.--The Director of the National Science Foundation, in \ncoordination with the Director of the Office of Personnel Management, \nshall assess--\n ``(1) the potential benefits and feasibility of granting \n scholarship awards under this section to students who do not \n possess a bachelor's degree to pursue an associate's degree or \n an industry-recognized credential in a cybersecurity field; and\n ``(2) how scholarship recipients with an agreement to work \n at an institution of higher education or local educational \n agency are supporting the cyber workforce pipeline.''.","summary":"Cyber Scholarship Opportunities Act of 2017 This bill amends the Cybersecurity Enhancement Act of 2014 to require the federal cyber scholarship-for-service program that the National Science Foundation (NSF) coordinates with the Department of Homeland Security to include scholarship recipients who are students pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and who either have a bachelor's degree already or are veterans of the Armed Forces. The post-award employment obligations of scholarship recipients pursuing a doctoral or master's degree may include work at an institution of higher education or for a local educational agency teaching cybersecurity skills. Scholarship eligibility factors are revised to include: (1) an individual's skills and abilities under the National Institute of Standards and Technology's national cybersecurity awareness and education program, and (2) students pursuing a degree on a less than full-time but not less than half-time basis. The NSF must work with the Office of Personnel Management to consolidate information about cyber scholarships programs and job opportunities into a single online resource center. The NSF may carry out a program to improve cybersecurity education at the K-12 level. The NSF may: (1) grant exceptions from the post-award employment obligations to students who agree to work in a critical infrastructure mission at a federal government corporation or a state, local, or tribal government-affiliated component of a critical infrastructure sector. Or (2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity.","title":"Cyber Scholarship Opportunities Act of 2017","text_len":8042,"sum_len":1724} {"bill_id":"107_hr942","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Individual Income \nTax Rate Reduction Act of 2001''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n (c) Section 15 Not To Apply.--No amendment made by this Act shall \nbe treated as a change in a rate of tax for purposes of section 15 of \nsuch Code.\n\nSEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES.\n\n (a) Rates for 2001.--Section 1 (relating to tax imposed) is amended \nby striking subsections (a) through (e) and inserting the following:\n ``(a) Married Individuals Filing Joint Returns and Surviving \nSpouses.--There is hereby imposed on the taxable income of every \nmarried individual (as defined in section 7703) who makes a single \nreturn jointly with his spouse under section 6013, and every surviving \nspouse (as defined in section 2(a)), a tax determined in accordance \nwith the following table:\n\n``If taxable income is: The tax is:\n Not over $45,200...............\n 12% of taxable income.\n Over $45,200 but not over \n $109,250.\n $5,424, plus 25% of the excess \n over $45,200\n Over $109,250 but not over \n $166,500.\n $21,436.50, plus 28% of the \n excess over $109,250\n Over $166,500 but not over \n $297,350.\n $37,466.50, plus 35.5% of the \n excess over $166,500\n Over $297,350..................\n $83,918.25, plus 38.2% of the \n excess over $297,350\n ``(b) Heads of Households.--There is hereby imposed on the taxable \nincome of every head of a household (as defined in section 2(b)) a tax \ndetermined in accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $36,250...............\n 12% of taxable income.\n Over $36,250 but not over \n $93,650.\n $4,350, plus 25% of the excess \n over $36,250\n Over $93,650 but not over \n $151,650.\n $18,700, plus 28% of the excess \n over $93,650\n Over $151,650 but not over \n $297,350.\n $34,940, plus 35.5% of the \n excess over $151,650\n Over $297,350..................\n $86,663.50, plus 38.2% of the \n excess over $297,350\n ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads \nof Households).--There is hereby imposed on the taxable income of every \nindividual (other than a surviving spouse as defined in section 2(a) or \nthe head of a household as defined in section 2(b)) who is not a \nmarried individual (as defined in section 7703) a tax determined in \naccordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $27,050...............\n 12% of taxable income.\n Over $27,050 but not over \n $65,550.\n $3,246, plus 25% of the excess \n over $27,050\n Over $65,550 but not over \n $136,750.\n $12,871, plus 28% of the excess \n over $65,550\n Over $136,750 but not over \n $297,350.\n $32,807, plus 35.5% of the \n excess over $136,750\n Over $297,350..................\n $89,820, plus 38.2% of the \n excess over $297,350\n ``(d) Married Individuals Filing Separate Returns.--There is hereby \nimposed on the taxable income of every married individual (as defined \nin section 7703) who does not make a single return jointly with his \nspouse under section 6013, a tax determined in accordance with the \nfollowing table:\n\n``If taxable income is: The tax is:\n Not over $22,600...............\n 12% of taxable income.\n Over $22,600 but not over \n $54,625.\n $2,712, plus 25% of the excess \n over $22,600\n Over $54,625 but not over \n $83,250.\n $10,718.25, plus 28% of the \n excess over $54,625\n Over $83,250 but not over \n $148,675.\n $18,733.25, plus 35.5% of the \n excess over $83,250\n Over $148,675..................\n $41,959.12, plus 38.2% of the \n excess over $148,675\n ``(e) Estates and Trusts.--There is hereby imposed on the taxable \nincome of every estate, and every trust, taxable under this subsection \na tax determined in accordance with the following table:\n\n``If taxable income is: The tax is:\n Not over $1,800................\n 12% of taxable income.\n Over $1,800 but not over $4,250\n $216, plus 25% of the excess \n over $1,800\n Over $4,250 but not over $6,500\n $828.50, plus 28% of the excess \n over $4,250\n Over $6,500 but not over $8,900\n $1,458.50, plus 35.5% of the \n excess over $6,500\n Over $8,900....................\n $2,310.50, plus 38.2% of the \n excess over $8,900''\n (b) Rate Reductions After 2001.--Section 1 is amended by adding at \nthe end the following new subsection:\n ``(i) Rate Reductions After 2001.--\n ``(1) In general.--In the case of taxable years beginning \n in a calendar year after 2001, the corresponding percentage \n specified for such calendar year in the following table shall \nbe substituted for the otherwise applicable tax rate.\n\n\n------------------------------------------------------------------------\n The corresponding\n percentages shall be\nIn the case of taxable years beginning during substituted for the\n calendar year: following percentages:\n -------------------------\n 35.5% 38.2%\n------------------------------------------------------------------------\n2002.......................................... 35.0% 37.0%\n2003.......................................... 34.5% 35.8%\n2004.......................................... 34.0% 34.6%\n2005.......................................... 33.5% 33.5%\n2006 and thereafter........................... 33.0% 33.0%\n------------------------------------------------------------------------\n\n ``(2) Adjustment of tables.--The Secretary shall adjust the \n tables prescribed under subsection (f) to carry out the \n reductions under this subsection.''\n (c) Inflation Adjustment To Apply After 2001.--Subsection (f) of \nsection 1 is amended--\n (1) by striking ``1993'' in paragraph (1) and inserting \n ``2001'', and\n (2) by striking ``1992'' in paragraph (3)(B) and inserting \n ``2000''.\n (d) Conforming Amendments.--\n (1) The following provisions are each amended by striking \n ``1992'' and inserting ``2000'' each place it appears:\n (A) Section 32(j)(1)(B).\n (B) Section 41(e)(5)(C).\n (C) Section 42(h)(3)(H)(i)(II).\n (D) Section 59(j)(2)(B).\n (E) Section 63(c)(4)(B).\n (F) Section 68(b)(2)(B).\n (G) Section 132(f)(6)(A)(ii).\n (H) Section 135(b)(2)(B)(ii).\n (I) Section 146(d)(2)(B).\n (J) Section 151(d)(4).\n (K) Section 220(g)(2).\n (L) Section 221(g)(1)(B).\n (M) Section 512(d)(2)(B).\n (N) Section 513(h)(2)(C)(ii).\n (O) Section 685(c)(3)(B).\n (P) Section 877(a)(2).\n (Q) Section 911(b)(2)(D)(ii)(II).\n (R) Section 2032A(a)(3)(B).\n (S) Section 2503(b)(2)(B).\n (T) Section 2631(c)(2).\n (U) Section 4001(e)(1)(B).\n (V) Section 4261(e)(4)(A)(ii).\n (W) Section 6039F(d).\n (X) Section 6323(i)(4)(B).\n (Y) Section 6334(g)(1)(B).\n (Z) Section 6601(j)(3)(B).\n (AA) Section 7430(c)(1).\n (2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each \n amended by striking ``begins,'' and all that follows through \n ``thereof''.\n (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by \n striking ``1987'' and inserting ``2000''.\n (e) Additional Conforming Amendments.--\n (1) Subparagraph (B) of section 1(g)(7) is amended--\n (A) by striking ``15 percent'' in clause (ii)(II) \n and inserting ``the first bracket percentage'', and\n (B) by adding at the end the following flush \n sentence:\n ``For purposes of clause (ii), the first bracket \n percentage is the percentage applicable to the lowest \n income bracket in the table under subsection (c).''\n (2) Section 1(h) is amended--\n (A) by striking ``28 percent'' both places it \n appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and \n inserting ``25 percent'', and\n (B) by striking paragraph (13).\n (3) Section 15 is amended by adding at the end the \n following new subsection:\n ``(f) Rate Reductions Enacted by Individual Income Tax Rate \nReduction Act of 2001.--This section shall not apply to any change in \nrates under subsection (i) of section 1 (relating to rate reductions \nafter 2000).''\n (4) Section 531 is amended by striking ``equal to'' and all \n that follows and inserting ``equal to the product of the \n highest rate of tax under section 1(c) and the accumulated \n taxable income.''.\n (5) Section 541 of such Code is amended by striking ``equal \n to'' and all that follows and inserting ``equal to the product \n of the highest rate of tax under section 1(c) and the \n undistributed personal holding company income.''.\n (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, \n 28, or 31 percent'' and inserting ``7 percent, any percentage \n applicable to any of the 3 lowest income brackets in the table \n under section 1(c),''.\n (7) Section 3402(p)(2) is amended by striking ``equal to 15 \n percent of such payment'' and inserting ``equal to the product \n of the lowest rate of tax under section 1(c) and such \n payment''.\n (8) Section 3402(q)(1) is amended by striking ``equal to 28 \n percent of such payment'' and inserting ``equal to the product \nof the third to the lowest rate of tax under section 1(c) and such \npayment''.\n (9) Section 3402(r)(3) is amended by striking ``31 \n percent'' and inserting ``the third to the lowest rate of tax \n under section 1(c)''.\n (10) Section 3406(a)(1) is amended by striking ``equal to \n 31 percent of such payment'' and inserting ``equal to the \n product of the third to the lowest rate of tax under section \n 1(c) and such payment''.\n (11) Section 13273 of the Revenue Reconciliation Act of \n 1993 is amended by striking ``28 percent'' and inserting ``the \n third to the lowest rate of tax under section 1(c) of the \n Internal Revenue Code of 1986''.\n (f) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 2000.\n (2) Amendments to withholding provisions.--The amendments \n made by paragraphs (6), (7), (8), (9), (10), and (11) of \n subsection (e) shall apply to amounts paid after the date of \n the enactment of this Act.\n\nSEC. 3. INCREASE IN STANDARD DEDUCTION.\n\n (a) In General.--Paragraph (2) of section 63(c) (relating to \nstandard deduction) is amended to read as follows:\n ``(2) Basic standard deduction.--For purposes of paragraph \n (1), the basic standard deduction is--\n ``(A) twice the dollar amount in effect under \n subparagraph (C) for the taxable year in the case of--\n ``(i) a joint return, or\n ``(ii) a surviving spouse (as defined in \n section 2(a)),\n ``(B) $8,500 in the case of a head of household (as \n defined in section 2(b)), or\n ``(C) $6,000 in any other case.''\n (c) Technical Amendments.--\n (1) Paragraph (4) of section 63(c) is amended to read as \n follows:\n ``(4) Adjustments for inflation.--\n ``(A) In general.--In the case of any taxable year \n beginning in a calendar year after 1988, each dollar \n amount contained in paragraph (2) or (5) or subsection \n (f) shall be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins.\n The preceding sentence shall not apply to the amount \n referred to in paragraph (2)(A).\n ``(B) Base period adjustments.--In determining the \n adjustment under subparagraph (A), section 1(f)(3) \n shall be applied by substituting for `calendar year \n 1992' in subparagraph (B) thereof--\n ``(i) `calendar year 1987' in the case of \n the dollar amount contained in paragraph (5)(A) \n or subsection (f),\n ``(ii) `calendar year 1997' in the case of \n the dollar amount contained in paragraph \n (5)(B)'', and\n ``(iii) `calendar year 2000' in the case of \n the dollar amounts contained in paragraph \n (2).''\n (2) Subparagraph (B) of section 1(f)(6) is amended by \n striking ``subsection (c)(4) of section 63 (as it applies to \n subsections (c)(5)(A) and (f) of such section)'' and inserting \n ``section 63(c)(4)''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.","summary":"Individual Income Tax Rate Reduction Act of 2001 - Amends the Internal Revenue Code to establish new, lower tax rates for individuals. Increases the standard deduction and provides that such deduction on a joint return shall be twice the amount of a single return.","title":"To amend the Internal Revenue Code of 1986 to reduce individual income tax rates and increase the standard deduction.","text_len":16363,"sum_len":264} {"bill_id":"108_hr3339","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Defense Energy Savings Act \nof 2003''.\n\nSEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS.\n\n (a) Contracts Authorized.--The Secretary of Defense may enter into \nan energy savings performance contract under this section for the sole \npurpose of achieving energy savings and benefits ancillary to that \npurpose. The Secretary may incur obligations under the contract to \nfinance energy conservation measures so long as guaranteed savings \nexceed the debt service requirements.\n (b) Terms and Conditions.--\n (1) Contract period.--Notwithstanding any other provision \n of law, an energy savings performance contract may be for a \n period of up to 25 years beginning on the date on which the \n first payment is made by the Secretary pursuant to the \n contract. The contract need not include funding of cancellation \n charges (if any) before cancellation, if--\n (A) the contract was awarded in a competitive \n manner, using procedures and methods established under \n this section;\n (B) the Secretary determines that funds are \n available and adequate for payment of the costs of the \n contract for the first fiscal year;\n (C) the contract is governed by part 17.1 of the \n Federal Acquisition Regulation; and\n (D) if the contract contains a clause setting forth \n a cancellation ceiling in excess $10,000,000, the \n Secretary provides notice to Congress of the proposed \n contract and the proposed cancellation ceiling at least \n 30 days before the award of the contract.\n (2) Costs and savings.--An energy savings performance \n contract shall require the contractor to incur the costs of \n implementing energy savings measures, including at least the \n cost (if any) incurred in making energy audits, acquiring and \n installing equipment, and training personnel, in exchange for a \n share of any energy savings directly resulting from \n implementation of such measures during the term of the \n contract.\n (3) Other terms and conditions.--An energy savings \n performance contract shall require an annual energy audit and \n specify the terms and conditions of any Government payments and \n performance guarantees. Any such performance guarantee shall \n provide that either the Government or the contractor is \n responsible for maintenance and repair services for any energy \n related equipment, including computer software systems.\n (c) Limitation on Annual Contract Payments.--Aggregate annual \npayments by the Secretary to a contractor for energy, operations, and \nmaintenance under an energy savings performance contract may not exceed \nthe amount that the Department of Defense would have paid for energy, \noperations, and maintenance in the absence of the contract (as \nestimated through the procedures developed pursuant to this section) \nduring term of the contract. The contract shall provide for a guarantee \nof savings to the Department, and shall establish payment schedules \nreflecting such guarantee, taking into account any capital costs under \nthe contract.\n (d) Rulemaking.--Not later than 90 days after the date of the \nenactment of this section, the Secretary, with the concurrence of the \nFederal Acquisition Regulatory Council, shall issue final rules to \nestablish the procedures and methods for use by the Department of \nDefense to select, monitor, and terminate energy savings performance \ncontracts in accordance with laws governing Federal procurement that \nwill achieve the intent of this section in a cost-effective manner. In \ndeveloping such procedures and methods, the Secretary, with the \nconcurrence of the Federal Acquisition Regulatory Council, shall \ndetermine which existing regulations are inconsistent with the intent \nof this section and shall formulate substitute regulations consistent \nwith laws governing Federal procurement.\n (e) Implementation Procedures and Methods.--The procedures and \nmethods established by rule under subsection (d) shall--\n (1) provide for the calculation of energy savings based on \n sound engineering and financial practices;\n (2) allow the Secretary to request statements of \n qualifications, which shall, at a minimum, include prior \n experience and capabilities of contractors to perform the \n proposed types of energy savings services and financial and \n performance information, from firms engaged in providing energy \n savings services;\n (3) allow the Secretary to presume that a contractor meets \n the requirements of paragraph (2) if the contractor either--\n (A) has carried out contracts with a value of at \n least $1,000,000,000 with the Federal Government over \n the previous 10 years; or\n (B) is listed by a Federal agency pursuant to \n section 801(b)(2) of the National Energy Policy Act (42 \n U.S.C. 8287(b)(2));\n (4) allow the Secretary to, from the statements received, \n designate and prepare a list, with an update at least annually, \n of those firms that are qualified to provide energy savings \n services;\n (5) allow the Secretary to select firms from such list to \n conduct discussions concerning a particular proposed energy \n savings project, including requesting a technical and price \n proposal from such selected firms for such project;\n (6) allow the Secretary to select from such firms the most \n qualified firm to provide energy savings services based on \n technical and price proposals and any other relevant \n information\n (7) allow the Secretary to permit receipt of unsolicited \n proposals for energy savings performance contracting services \n from a firm that the Department of Defense has determined is \n qualified to provide such services under the procedures \n established pursuant to subsection (d) and require facility \n managers to place a notice in the Commerce Business Daily \n announcing they have received such a proposal and invite other \n similarly qualified firms to submit competing proposals;\n (8) allow the Secretary to enter into an energy savings \n performance contract with a firm qualified under paragraph (7), \n consistent with the procedures and methods established pursuant \n to subsection (d); and\n (9) allow a firm not designated as qualified to provide \n energy savings services under paragraph (4) to request a review \n of such decision to be conducted in accordance with procedures, \n substantially equivalent to procedures established under \n section 759(f) of title 40, United States Code, to be developed \n by the board of contract appeals of the General Services \n Administration.\n (f) Transition Rule for Energy Savings Performance Contracts Under \nNational Energy Conservation Policy Act.--In the case of an energy \nsavings performance contract entered into by the Secretary or the \nSecretary of Energy pursuant to the authority granted by section 801 of \nthe National Energy Conservation Policy Act (42 U.S.C. 8287), the \nSecretary may maintain the contract under this section, making whatever \ncontract modifications as the Secretary determines are necessary to \nconform to the provisions of this subsection.\n (g) Pilot Program for Nonbuilding Applications.--\n (1) In general.--The Secretary may carry out a pilot \n program to enter into up to 10 energy savings performance \n contracts for the purpose of achieving energy savings, \n secondary savings, and benefits incidental to those purposes, \n in nonbuilding applications.\n (2) Selection.--The Secretary shall select the contract \n projects to demonstrate the applicability and benefits of \n energy savings performance contracting to a range of non-\n building applications.\n (3) Report.--Not later than three years after the date of \n the enactment of this Act, the Secretary shall submit to \n Congress a report on the progress and results of the pilot \n program. The report shall include a description of projects \n undertaken; the energy and cost savings, secondary savings and \n other benefits that resulted from such projects; and \n recommendations on whether the pilot program should be \n extended, expanded, or authorized.\n (h) Definitions.--In this section:\n (1) Energy savings.--The term ``energy savings'' means a \n reduction in the cost of energy, from a base cost established \n through a methodology set forth in the energy savings \n performance contract, utilized in an existing federally owned \n building or buildings or other federally owned facilities as a \n result of--\n (A) the lease or purchase of operating equipment, \n improvements, altered operation and maintenance, \n increased capacity or payload, or technical services; \n or\n (B) the increased efficient use of existing energy \n sources by cogeneration or heat recovery, excluding any \n cogeneration process for other than a federally owned \n building or buildings or other federally owned \n facilities.\n (2) Energy savings performance contract.--The term ``energy \n savings performance contract'' means a contract that provides \n for the performance of services for the design, acquisition, \n installation, testing, operation, and, where appropriate, \n maintenance and repair of an identified energy conservation \n measure or series of measures at one or more locations. Such \n contracts--\n (A) may provide for appropriate software licensing \n agreements; and\n (B) shall, with respect to an agency facility that \n is a public building, as defined in section 13(l) of \n the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be \n in compliance with the prospectus requirements and \n procedures of section 7 of the Public Buildings \n Accountability Act of 1959 (40 U.S.C. 606).\n (3) Nonbuilding application.--The term ``nonbuilding \n application'' means--\n (A) any class of vehicles, devices, or equipment \n that is transportable under its own power by land, sea, \n or air that consumes energy from any fuel source for \n the purpose of such transportability, or to maintain a \n controlled environment within such vehicle, device, or \n equipment; or\n (B) any Federally owned equipment used to generate \n electricity or transport water.\n (4) Secondary savings.--The term ``secondary savings'' \n means additional energy or cost savings that are a direct \n consequence of the energy savings that result from the energy \n efficiency improvements that were financed and implemented \n pursuant to the energy savings performance contract. Such \n secondary savings may include energy and cost savings that \n result from a reduction in the need for fuel delivery and \n logistical support, personnel cost savings and environmental \n benefits. In the case of electric generation equipment, \n secondary savings may include the benefits of increased \n efficiency in the production of electricity, including revenue \n received by the Federal Government from the sale of electricity \n so produced.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Defense.","summary":"National Defense Energy Savings Act of 2003 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract for the sole purpose of achieving ancillary energy savings and benefits. And (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. Directs the Secretary to issue final rules establishing implementation procedures and methods that meet specified requirements. Authorizes the Secretary to implement a pilot program to enter into up to ten energy savings performance contracts in nonbuilding applications.","title":"To expand upon the Department of Defense Energy Efficiency Program required by section 317 of the National Defense Authorization Act of 2002 by authorizing the Secretary of Defense to enter into energy savings performance contracts, and for other purposes.","text_len":12351,"sum_len":637} {"bill_id":"107_hr871","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alternative Minimum Tax Repeal Act \nof 2001''.\n\nSEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.\n\n (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nflush sentence:\n``For purposes of this title, the tentative minimum tax on any taxpayer \nother than a corporation for any taxable year beginning after December \n31, 2010, shall be zero.''.\n (b) Reduction of Tax on Individuals Prior to Repeal.--\n (1) Immediate increase in exemption amounts.--Paragraph (1) \n of section 55(d) of such Code is amended--\n (A) by striking ``$45,000'' and inserting \n ``$52,000'',\n (B) by striking ``$33,750'' and inserting \n ``$38,000'', and\n (C) by striking ``$22,500'' and inserting ``\\1\/2\\ \n the amount applicable under subparagraph (A)''.\n (2) Additional increases in exemption amounts; repeal of \n phase-out of exemption amounts.--Paragraph (3) of section 55(d) \n of such Code is amended to read as follows:\n ``(3) Increases in exemption amounts for taxpayers other \n than corporations.--\n ``(A) In general.--The exemption amounts under \n paragraph (1) for taxable years beginning in any \n calendar year after 2001 shall be determined by \n increasing the dollar amounts contained in \n subparagraphs (A) and (B) of paragraph (1) by the \n applicable percentage for such calendar year of such \n dollar amounts.\n ``(B) Applicable percentage.--For purposes of \n subparagraph (A), the applicable percentage shall be \n determined in accordance with the following table:\n\n ``For calendar year--\n The applicable\n \n percentage is--\n 2002................................... 10 \n 2003................................... 20 \n 2004................................... 30 \n 2005................................... 40 \n 2006................................... 50 \n 2007................................... 60 \n 2008................................... 70 \n 2009................................... 80 \n 2010................................... 90.\n ``(C) Rounding.--If any amount, as increased under \n subparagraph (A) is not a multiple of $5, such amount \n shall be increased to the nearest multiple of $5.''\n (c) Nonrefundable Personal Credits Fully Allowed Against Regular \nTax Liability.--\n (1) In general.--Subsection (a) of section 26 of such Code \n (relating to limitation based on amount of tax) is amended to \n read as follows:\n ``(a) Limitation Based on Amount of Tax.--The aggregate amount of \ncredits allowed by this subpart for the taxable year shall not exceed \nthe sum of--\n ``(1) the taxpayer's regular tax liability for the taxable \n year reduced by the foreign tax credit allowable under section \n 27(a), and\n ``(2) the tax imposed by section 55(a) for the taxable \n year.''\n (2) Repeal of reduction of refundable tax credits.--\n (A) Subsection (d) of section 24 of such Code is \n amended by striking paragraph (2) and redesignating \n paragraph (3) as paragraph (2).\n (B) Section 32 of such Code is amended by striking \n subsection (h).\n (3) Conforming amendment.--Section 904 of such Code is \n amended by striking subsection (h).\n (d) Limitation on Use of Credit for Prior Year Minimum Tax \nLiability.--Subsection (c) of section 53 of such Code is amended to \nread as follows:\n ``(c) Limitation.--\n ``(1) In general.--Except as otherwise provided in this \n subsection, the credit allowable under subsection (a) for any \n taxable year shall not exceed the excess (if any) of--\n ``(A) the regular tax liability of the taxpayer for \n such taxable year reduced by the sum of the credits \n allowable under subparts A, B, D, E, and F of this \n part, over\n ``(B) the tentative minimum tax for the taxable \n year.\n ``(2) Taxable years beginning after 2010.--In the case of \n any taxable year beginning after 2010, the credit allowable \n under subsection (a) to a taxpayer other than a corporation for \n any taxable year shall not exceed 90 percent of the excess (if \n any) of--\n ``(A) regular tax liability of the taxpayer for \n such taxable year, over\n ``(B) the sum of the credits allowable under \n subparts A, B, D, E, and F of this part.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.","summary":"Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero. And (2) provide for reductions in such tax until such time.","title":"To amend the Internal Revenue Code of 1986 to phaseout the alternative minimum tax on individuals.","text_len":5487,"sum_len":336} {"bill_id":"111_hr1362","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Neurological Diseases \nSurveillance System Act of 2010''.\n\nSEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-5 SURVEILLANCE OF NEUROLOGICAL DISEASES.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall--\n ``(1) enhance and expand infrastructure and activities to \n track the epidemiology of neurological diseases, including \n multiple sclerosis and Parkinson's disease; and\n ``(2) incorporate information obtained through such \n activities into a statistically-sound, scientifically-credible, \n integrated surveillance system, to be known as the National \n Neurological Diseases Surveillance System.\n ``(b) Research.--The Secretary shall ensure that the National \nNeurological Diseases Surveillance System is designed in a manner that \nfacilitates further research on neurological diseases.\n ``(c) Content.--In carrying out subsection (a), the Secretary--\n ``(1) shall provide for the collection and storage of \n information on the incidence and prevalence of neurological \n diseases in the United States;\n ``(2) to the extent practicable, shall provide for the \n collection and storage of other available information on \n neurological diseases, such as information concerning--\n ``(A) demographics and other information associated \n or possibly associated with neurological diseases, such \n as age, race, ethnicity, sex, geographic location, and \n family history;\n ``(B) risk factors associated or possibly \n associated with neurological diseases, including \n genetic and environmental risk factors; and\n ``(C) diagnosis and progression markers;\n ``(3) may provide for the collection and storage of \n information relevant to analysis on neurological diseases, such \n as information concerning--\n ``(A) the epidemiology of the diseases;\n ``(B) the natural history of the diseases;\n ``(C) the prevention of the diseases;\n ``(D) the detection, management, and treatment \n approaches for the diseases; and\n ``(E) the development of outcomes measures; and\n ``(4) may address issues identified during the consultation \n process under subsection (d).\n ``(d) Consultation.--In carrying out this section, the Secretary \nshall consult with individuals with appropriate expertise, including--\n ``(1) epidemiologists with experience in disease \n surveillance or registries;\n ``(2) representatives of national voluntary health \n associations that--\n ``(A) focus on neurological diseases, including \n multiple sclerosis and Parkinson's disease; and\n ``(B) have demonstrated experience in research, \n care, or patient services;\n ``(3) health information technology experts or other \n information management specialists;\n ``(4) clinicians with expertise in neurological diseases; \n and\n ``(5) research scientists with experience conducting \n translational research or utilizing surveillance systems for \n scientific research purposes.\n ``(e) Grants.--The Secretary may award grants to, or enter into \ncontracts or cooperative agreements with, public or private nonprofit \nentities to carry out activities under this section.\n ``(f) Coordination With Other Federal Agencies.--Subject to \nsubsection (h), the Secretary shall make information and analysis in \nthe National Neurological Diseases Surveillance System available, as \nappropriate, to Federal departments and agencies, such as the National \nInstitutes of Health, the Food and Drug Administration, the Centers for \nMedicare & Medicaid Services, the Agency for Healthcare Research and \nQuality, the Department of Veterans Affairs, and the Department of \nDefense.\n ``(g) Public Access.--Subject to subsection (h), the Secretary \nshall make information and analysis in the National Neurological \nDiseases Surveillance System available, as appropriate, to the public, \nincluding researchers.\n ``(h) Privacy.--The Secretary shall ensure that privacy and \nsecurity protections applicable to the National Neurological Diseases \nSurveillance System are at least as stringent as the privacy and \nsecurity protections under HIPAA privacy and security law (as defined \nin section 3009(a)(2)).\n ``(i) Report.--Not later than 4 years after the date of the \nenactment of this section, the Secretary shall submit a report to the \nCongress concerning the implementation of this section. Such report \nshall include information on--\n ``(1) the development and maintenance of the National \n Neurological Diseases Surveillance System;\n ``(2) the type of information collected and stored in the \n System;\n ``(3) the use and availability of such information, \n including guidelines for such use; and\n ``(4) the use and coordination of databases that collect or \n maintain information on neurological diseases.\n ``(j) Definition.--In this section, the term `national voluntary \nhealth association' means a national nonprofit organization with \nchapters, other affiliated organizations, or networks in States \nthroughout the United States.\n ``(k) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated $5,000,000 for each of fiscal \nyears 2012 through 2016.''.\n\n Passed the House of Representatives September 28, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"National Neurological Diseases Surveillance System Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease. And (2) incorporate information obtained through such activities into a National Neurological Diseases Surveillance System. Requires the Secretary to ensure that the System is designed in a manner that facilitates further research on neurological diseases. Requires the Secretary to provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States and other information on neurological diseases, such as demographics information, risk factors, or diagnosis and progression markers. Authorizes the Secretary to: (1) provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning the epidemiology, natural history, prevention, detection, management, and treatment of the diseases and the development of outcomes measures. And (2) address issues identified through consultations with individuals with appropriate expertise. Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Secretary to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers. And (2) ensure that privacy and security protections applicable to the System are at least as stringent as the health privacy and security protections under current federal law. Sets forth reporting requirements. Authorizes appropriations for FY2012-FY2016.","title":"To amend the Public Health Service Act to provide for the establishment of permanent national surveillance systems for multiple sclerosis, Parkinson's disease, and other neurological diseases and disorders.","text_len":6207,"sum_len":1950} {"bill_id":"112_s1875","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Commission on \nInternational Religious Freedom Reform and Reauthorization Act of \n2011''.\n\nSEC. 2. ESTABLISHMENT AND COMPOSITION.\n\n (a) Terms.--Section 201(c) of the International Religious Freedom \nAct of 1998 (22 U.S.C. 6431(c)) is amended--\n (1) in paragraph (1), by striking the last sentence and \n inserting the following: ``An individual is not eligible to \n serve more than two consecutive terms as a member of the \n Commission. Each member serving on the Commission on the date \n of enactment of the United States Commission on International \n Religious Freedom Reform and Reauthorization Act of 2011 may be \n reappointed to not more than one additional consecutive \n term.'';\n (2) in paragraph (2)--\n (A) in subparagraph (A), by striking ``May 15, \n 2003, through May 14, 2005'' and inserting ``May 15, \n 2012, through May 14, 2014''; and\n (B) in subparagraph (E), by striking ``May 15, \n 2003, and shall end on May 14, 2004'' and inserting \n ``May 15, 2012, and shall end on May 14, 2013''; and\n (3) by adding at the end the following new paragraph:\n ``(3) Ineligibility for reappointment.--If a member of the \n Commission attends, by being physically present or by \n conference call, less than 75 percent of the meetings of the \n Commission during one of that member's terms on the Commission, \n the member shall not be eligible for reappointment to the \n Commission.''.\n (b) Election of Chair.--Section 201(d) of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by \ninserting at the end the following: ``No member of the Commission is \neligible to be elected as Chair of the Commission for a second, \nconsecutive term.''.\n (c) Applicability.--A member of the United States Commission on \nInternational Religious Freedom who is serving on the Commission on the \ndate of enactment of this Act shall continue to serve on the Commission \nuntil the expiration of the current term of the member under the terms \nand conditions for membership on the Commission as in effect on the day \nbefore the date of the enactment of this Act.\n\nSEC. 3. APPLICATION OF ANTIDISCRIMINATION LAWS.\n\n Section 204 of the International Religious Freedom Act of 1998 (22 \nU.S.C. 6432b) is amended by inserting after subsection (f) the \nfollowing new subsection:\n ``(g) Application of Antidiscrimination Laws.--For purposes of \nproviding remedies and procedures to address alleged violations of \nrights and protections that pertain to employment discrimination, \nfamily and medical leave, fair labor standards, employee polygraph \nprotection, worker adjustment and retraining, veterans' employment and \nreemployment, intimidation or reprisal, protections under the Americans \nwith Disabilities Act of 1990, occupational safety and health, labor-\nmanagement relations, and rights and protections that apply to \nemployees whose pay is disbursed by the Secretary of the Senate or the \nChief Administrative Officer of the House of Representatives, all \nemployees of the Commission shall be treated as employees whose pay is \ndisbursed by the Secretary of the Senate or the Chief Administrative \nOfficer of the House of Representatives and the Commission shall be \ntreated as an employing office of the Senate or the House of \nRepresentatives.''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 207(a) of the International Religious Freedom Act of 1998 \n(22 U.S.C. 6435(a)) is amended by striking ``for the fiscal year 2003'' \nand inserting ``for each of the fiscal years 2012 and 2013''.\n\nSEC. 5. STANDARDS OF CONDUCT AND DISCLOSURE.\n\n Section 208 of the International Religious Freedom Act of 1998 (22 \nU.S.C. 6435a) is amended--\n (1) in subsection (c)(1), by striking ``$100,000'' and \n inserting ``$250,000''; and\n (2) in subsection (e), by striking ``International \n Relations'' and inserting ``Foreign Affairs''.\n\nSEC. 6. TERMINATION.\n\n Section 209 of the International Religious Freedom Act of 1998 (22 \nU.S.C. 6436) is amended by striking ``September 30, 2011'' and \ninserting ``September 30, 2013''.\n\nSEC. 7. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS \n FREEDOM.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to the appropriate congressional committees a report on \nthe implementation of this Act and the amendments made by this Act.\n (b) Consultation.--The Comptroller General shall consult with the \nappropriate congressional committees and nongovernmental organizations \nfor purposes of preparing the report.\n (c) Matters To Be Included.--The report shall include the \nfollowing:\n (1) A review of the effectiveness of all United States \n Government programs to promote international religious freedom, \n including their goals and objectives.\n (2) An assessment of the roles and functions of the Office \n on International Religious Freedom established in section \n 101(a) of the International Religious Freedom Act of 1998 (22 \n U.S.C. 6411(a)) and the relationship of the Office to other \n offices in the Department of State.\n (3) A review of the role of the Ambassador at Large for \n International Religious Freedom appointed under section 101(b) \n of the International Religious Freedom Act of 1998 (22 U.S.C. \n 6411(b)) and the placement of such position within the \n Department of State.\n (4) A review and assessment of the goals and objectives of \n the United States Commission on International Religious Freedom \n established under section 201(a) of the International Religious \n Freedom Act of 1998 (22 U.S.C. 6431(a)).\n (5) A comparative analysis of the structure of the United \n States Commission on International Religious Freedom as an \n independent non-partisan entity in relation to other United \n States advisory commissions, whether or not such commissions \n are under the direct authority of Congress.\n (6) A review of the relationship between the Ambassador at \n Large for International Religious Freedom and the United States \n Commission on International Religious Freedom, and possible \n reforms that would improve the ability of both to reach their \n goals and objectives.\n (d) Definition.--In this section, the term ``appropriate \ncongressional committees'' has the meaning given the term in section 3 \nof the International Religious Freedom Act of 1998 (22 U.S.C. 6402).","summary":"United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 - Amends the International Religious Freedom Act of 1998 to prohibit: (1) an individual from serving more than two consecutive terms as a member of the US Commission on International Religious Freedom, (2) each member serving on the date of enactment of this Act from being reappointed to more than one additional consecutive term, (3) a member attending less than 75 of the meetings during one of such member's terms from being eligible for reappointment, and (4) a member from being eligible to be elected as Chair of the Commission for a second, consecutive term. Establishes staggered office terms by modifying certain terms of office conditions for members appointed to serve from May 15, 2012, through May 14, 2014. Requires, for purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to various specified antidiscrimination laws, that all employees of the Commission be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and that the Commission be treated as an employing office of the Senate or House. Increases to $250,000 the maximum amount the Commission may expend in any fiscal year to procure temporary or intermittent services contracts for the conduct of certain activities necessary to Commission functions. Extends the Commission's termination date to September 30, 2013.","title":"A bill to reauthorize the International Religious Freedom Act of 1998.","text_len":6930,"sum_len":1540} {"bill_id":"115_hr3382","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Youth Opioid Use Treatment Help Act \nof 2017'' or the ``YOUTH Act''.\n\nSEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR \n CHILDREN, ADOLESCENTS, AND YOUNG ADULTS.\n\n Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is \namended--\n (1) in the section heading, by striking ``children and \n adolescents'' and inserting ``children, adolescents, and young \n adults'';\n (2) in subsection (a)(2), by striking ``children, \n including'' and inserting ``children, adolescents, and young \n adults, including''; and\n (3) by striking ``children and adolescents'' each place it \n appears and inserting ``children, adolescents, and young \n adults''.\n\nSEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND \n YOUNG ADULTS DEMONSTRATION PROGRAM.\n\n (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Agency for Healthcare Research and Quality \n(in this section referred to as the ``Director''), shall award grants \nto eligible entities to establish demonstration programs to--\n (1) expand access to medication-assisted treatment for \n opioid use disorders among adolescents and young adults;\n (2) identify and test solutions for overcoming barriers to \n implementation of medication-assisted treatment for adolescents \n and young adults; or\n (3) create and distribute resources on medication-assisted \n treatment training and implementation for providers of health \n care to children, adolescents, and young adults.\n (b) Eligible Entities.--To be eligible to receive a grant under \nsubsection (a), an entity shall--\n (1) be a State, political subdivision of a State, Indian \n tribe, or tribal organization, professional family medicine \n provider organization, professional pediatric provider \n organization or other organization representing providers of \n health care to children, adolescents, and young adults, \n professional addiction medicine provider organization, \n hospital, an institution of higher education, or other \n appropriate public or nonprofit institution; and\n (2) certify that it is in compliance with all applicable \n registration and licensing requirements.\n (c) Application.--To seek a grant under this section, an entity \nshall submit to the Director an application at such time, in such \nmanner, and containing such information as the Director may require.\n (d) Duration.--An eligible entity may receive funds under this \nsection to carry out a demonstration program described in this section \nfor a period of not greater than 3 years. After the first year for \nwhich funding is provided to an eligible entity for a demonstration \nprogram, funding may be provided under this section for a subsequent \nyear for such program only upon review of such program by the Director \nand approval by the Director of such subsequent year of funding.\n (e) Reports.--\n (1) By grant recipients.--Each eligible entity awarded a \n grant under this section for a demonstration program shall \n submit to the Director progress reports on such demonstration \n program at such times, in such manner, and containing such \n information as the Director may require.\n (2) By director.--Not later than one year after the date on \n which all demonstration programs funded under this section have \n been completed, the Director shall submit to the Committee on \n Health, Education, Labor, and Pensions of the Senate, and the \n Committee on Energy and Commerce of the House of \n Representatives a report that--\n (A) describes the availability of medication-\n assisted treatment for adolescents and young adults \n with opioid use disorders in the United States, \n including barriers to such treatment;\n (B) describes the specific demonstration programs \n carried out pursuant to this section;\n (C) evaluates the effectiveness of such programs;\n (D) evaluates any unintended consequences of such \n programs; and\n (E) provides recommendations for ensuring that \n medication-assisted treatment is accessible to \n adolescents and young adults with opioid use disorders.\n (f) Definitions.--In this section:\n (1) The phrase ``adolescents and young adults'' means \n individuals who have attained 10 years of age and not yet \n attained 26 years of age.\n (2) The term ``medication-assisted treatment'' means the \n combination of pharmacological treatments approved by the Food \n and Drug Administration, and counseling and behavioral \n therapies, for the treatment of substance use disorders.\n (3) The term ``opioid use disorder'' means a problematic \n pattern of opioid use leading to clinically significant \n impairment or distress occurring within a 12-month period.\n (4) The term ``pediatric health care provider'' means a \n provider of health care to individuals who have attained 10 \n years of age and not yet attained 26 years of age.\n (5) The term ``professional family medicine provider \n organization'' means a national organization whose members \n consist primarily of family medicine providers.\n (6) The term ``professional pediatric provider \n organization'' means a national organization whose members \n consist primarily of pediatric health care providers.\n (g) Authorization of Appropriations.--There is authorized to be \nappropriated $5,000,000 to carry out this section.","summary":"Youth Opioid Use Treatment Help Act of 2017 or the YOUTH Act This bill amends the Public Health Service Act to expand the grant program for substance abuse treatment services for children and adolescents to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute resources on medication-assisted treatment training and implementation for health care providers of children, adolescents, and young adults. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible.","title":"Youth Opioid Use Treatment Help Act of 2017","text_len":6017,"sum_len":829} {"bill_id":"103_s263","text":"SECTION 1. DEDUCTION FOR STUDENT LOAN PAYMENTS BY MEDICAL PROFESSIONALS \n PRACTICING IN RURAL AREAS.\n\n (a) Interest on Student Loans Not Treated as Personal Interest.--\nSection 163(h)(2) of the Internal Revenue Code of 1986 (defining \npersonal interest) is amended by striking ``and'' at the end of \nsubparagraph (D), by striking the period at the end of subparagraph (E) \nand inserting ``, and'', and by adding at the end thereof the following \nnew subparagraph:\n ``(F) any qualified medical education interest (within the \n meaning of subsection (k)).''.\n (b) Qualified Medical Education Interest Defined.--Section 163 of \nthe Internal Revenue Code of 1986 (relating to interest expenses) is \namended by redesignating subsection (k) as subsection (l) and by \ninserting after subsection (j) the following new subsection:\n ``(k) Qualified Medical Education Interest of Medical Professionals \nPracticing in Rural Areas.--\n ``(1) In general.--For purposes of subsection (h)(2)(F), \n the term `qualified medical education interest' means an amount \n which bears the same ratio to the interest paid on qualified \n educational loans during the taxable year by an individual \n performing services under a qualified rural medical practice \n agreement as--\n ``(A) the number of months during the taxable year \n during which such services were performed, bears to\n ``(B) the number of months in the taxable year.\n ``(2) Dollar limitation.--The aggregate amount which may be \n treated as qualified medical education interest for any taxable \n year with respect to any individual shall not exceed $5,000.\n ``(3) Qualified rural medical practice agreement.--For \n purposes of this subsection--\n ``(A) In general.--The term `qualified rural \n medical practice agreement' means a written agreement \n between an individual and an applicable rural community \n under which the individual agrees--\n ``(i) in the case of a medical doctor, upon \n completion of the individual's residency (or \n internship if no residency is required), or\n ``(ii) in the case of a registered nurse, \n nurse practitioner, or physician's assistant, \n upon completion of the education to which the \n qualified education loan relates,\n to perform full-time services as such a medical \n professional in the applicable rural community for a \n period of 24 consecutive months. An individual and an \n applicable rural community may elect to have the \n agreement apply for 36 consecutive months rather than \n 24 months.\n ``(B) Special rule for computing periods.--An \n individual shall be treated as meeting the 24 or 36 \n consecutive month requirement under subparagraph (A) \n if, during each 12-consecutive month period within \n either such period, the individual performs full-time \n services as a medical doctor, registered nurse, nurse \n practitioner, or physician's assistant, whichever \n applies, in the applicable rural community during 9 of \n the months in such 12-consecutive month period. For \n purposes of this subsection, an individual meeting the \n requirements of the preceding sentence shall be treated \n as performing services during the entire 12-month \n period.\n ``(C) Applicable rural community.--The term \n `applicable rural community' means--\n ``(i) any political subdivision of a State \n which--\n ``(I) has a population of 5,000 or \n less, and\n ``(II) has a per capita income of \n $15,000 or less, or\n ``(ii) an Indian reservation which has a \n per capita income of $15,000 or less.\n ``(4) Qualified educational loan.--The term `qualified \n educational loan' means any indebtedness to pay qualified \n tuition and related expenses (within the meaning of section \n 117(b)) and reasonable living expenses--\n ``(A) which are paid or incurred--\n ``(i) as a candidate for a degree as a \n medical doctor at an educational institution \n described in section 170(b)(1)(A)(ii), or\n ``(ii) in connection with courses of \n instruction at such an institution necessary \n for certification as a registered nurse, nurse \n practitioner, or physician's assistant, and\n ``(B) which are paid or incurred within a \n reasonable time before or after such indebtedness is \n incurred.\n ``(5) Recapture.--If an individual fails to carry out a \n qualified rural medical practice agreement during any taxable \n year, then--\n ``(A) no deduction with respect to such agreement \n shall be allowable by reason of subsection (h)(2)(F) \n for such taxable year and any subsequent taxable year, \n and\n ``(B) there shall be included in gross income for \n such taxable year the aggregate amount of the \n deductions allowable under this section (by reason of \n subsection (h)(2)(F)) for all preceding taxable years.\n ``(6) Definitions.--For purposes of this subsection, the \n terms `registered nurse', `nurse practitioner', and \n `physician's assistant' have the meaning given such terms by \n section 1861 of the Social Security Act.''.\n (b) Deduction Allowed in Computing Adjusted Gross Income.--Section \n62(a) of the Internal Revenue Code of 1986 is amended by inserting \nafter paragraph (14) the following new paragraph:\n ``(15) Interest on student loans of rural health \n professionals.--The deduction allowable by reason of section \n 163(h)(2)(F) (relating to student loan payments of medical \n professionals practicing in rural areas).''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1992.","summary":"Amends the Internal Revenue Code to allow an itemized deduction for personal interest paid on an education loan by a health care professional performing services in a rural community or on certain Indian reservations for at least 24 consecutive months under a written agreement. Limits such deduction to $5,000. Allows the computation of such deduction in determining adjusted gross income.","title":"A bill to amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid by a health care professional as interest on student loans if the professional agrees to practice medicine for at least 2 years in a rural community.","text_len":6867,"sum_len":390} {"bill_id":"104_hr3819","text":"That the Act of \nDecember 18, 1967 (16 U.S.C. 19e-19n), entitled ``An Act to establish \nthe National Park Foundation'', is amended--\n (1) in section 1--\n (A) by striking ``therein'' and inserting in lieu \n thereof ``therein, and to develop and implement means \n of securing funds from the private sector, to enhance \n funding for the National Park System without \n supplanting appropriated funds otherwise available for \n the National Park System,''; and\n (B) by striking ``to accept and administer such \n gifts'';\n (2) in section 3--\n (A) by inserting ``(a)'' after ``Sec. 3.''; and\n (B) by inserting at the end:\n ``(b)(1) In furtherance of the purposes of this Act, the Foundation \nshall have exclusive authority to license or authorize persons to use \nsuch trademarks, tradenames, signs, symbols, emblems, insignia, logos, \nlikenesses or slogans that are or may be in the future adopted and \nowned by the Foundation, and for which the Foundation has filed an \napplication or applications with the U.S. Patent and Trademark Office, \nfor the purposes of representing, promoting or advertising for \ncommercial purposes or pecuniary gain that an individual, company, or \nparticular good or service is an official sponsor or official supporter \nof the National Park System or National Park Service.\n ``(2) The authority provided in paragraph (1) shall be subject to \nthe following conditions:\n ``(A) The criteria and guidelines for the competitive \n issuance and the maintenance of a license or authorization, and \n the issuance of each license or authorization, shall be subject \n to the prior written approval of the Secretary as being \n appropriate to the image of the National Park System and \n consistent with the management policies and practices of the \n National Park Service, and such approval authority may not be \n delegated.\n ``(B) Neither the Secretary of the Interior, the \n Foundation, nor any other person may authorize an individual, \n company, or particular good or service to represent, promote, \n or advertise, and no person may represent or imply, for \n commercial purposes or for pecuniary gain that it is an \n official sponsor or official supporter of any individual unit \n of the National Park System.\n ``(C) The advertisements and promotional activities \n undertaken by a licensee or authorized person shall be \n appropriate to the image of the National Park System and \n consistent with the management policies and practices of the \n National Park Service.\n ``(D) Neither the Secretary of the Interior, the \n Foundation, nor any other person may authorize an individual, \n company, or particular good or service to represent that it is \n endorsed by the National Park Service.\n ``(E) Nothing in this Act shall in any way restrict or \n preclude the Statue of Liberty--Ellis Island Foundation, Inc. \n (the `Statue of Liberty Foundation'), so long as its activities \n are authorized by a Memorandum of Agreement with the Secretary \n of the Interior, from raising donations for the restoration of \n the Statue of Liberty and Ellis Island by, among other things, \n offering to any third parties exclusive rights to any \n trademark, tradename, sign, symbol, insignia, emblem, logo, \n likeness, or slogan owned by the Statue of Liberty Foundation.\n ``(F) Activities of the Foundation undertaken pursuant to \n this Act, including the licensing or authorizing of official \n sponsors and official supporters of the National Park System or \n National Park Service by the Foundation, shall not preclude \n charitable organizations or cooperating associations from \n conducting fundraising activities or selling merchandise to \n generate support for a unit or units of the National Park \n System or the National Park Service, so long as such activities \n do not convey a right to be considered as an official sponsor \n or official supporter of such unit or units as prohibited by \n subparagraph (B) or of the National Park System or National \n Park Service.\n ``(c) No license or authorization referred to in subsection (b) \nshall grant any person any right or authority to market, advertise, \ndisplay, sell, or promote, any goods, products or services in any unit \nof the National Park System or in any related facility operated outside \nthe boundaries of any unit, or to advertise or promote that it is an \nofficial sponsor or official supporter within the meaning of subsection \n(b) in any such unit or related facility: Provided, That the Secretary \nof the Interior may authorize limited recognition of official sponsors \nor official supporters within the meaning of subsection (b) in units of \nthe National Park System or any related facility operated outside the \nboundaries of any unit but only under such appropriate policies and \nprocedures which ensure that status as an official sponsor or official \nsupporter within the meaning of subsection (b) shall not be \ncommercially exploited in any manner within any such unit or related \nfacility.'';\n (3) in section 4--\n (A) by inserting ``and section 8(b)'' between \n ``transfer'' and the comma;\n (B) by inserting ``license,'' between ``lease,'' \n and ``invest''; and\n (C) by striking ``any business, nor shall the \n Foundation'' and inserting in lieu thereof ``business \n for pecuniary profit or gain, except for the purposes \n set forth in this Act; operate any commercial \n establishment or enterprise within any unit of the \n National Park System; engage in any lobbying activities \n as defined in section 3(7) of the Lobbying Disclosure \n Act of 1995 (2 U.S.C. 1602(7)) concerning the \n management of the National Park System; or'';\n (4) in section 8--\n (A) by inserting ``(a)'' after ``Sec. 8.''; and\n (B) by inserting at the end:\n ``(b) All of the income in the Foundation, net of reasonable \noperating expenses, any contributions to local government pursuant to \nsubsection (a), and reserves determined necessary or appropriate by the \nBoard, shall be provided to or for the benefit of the National Park \nService: Provided, That all such net income derived from the licenses \nand authorizations referred to in section 3(b) shall be expended in \naccordance with policies and priorities of the National Park Service on \nprograms, projects, or activities that benefit the National Park System \nor National Park Service as identified by the Secretary in consultation \nwith the Foundation.'';\n (5) in section 10--\n (A) by inserting ``(a)'' after ``Sec. 10.''; and\n (B) by inserting at the end:\n ``(b) Within 30 days of the execution of each license or \nauthorization referred to in section 3(b), the Foundation shall \ntransmit a copy thereof to the Committee on Resources of the United \nStates House of Representatives and the Committee on Energy and Natural \nResources of the United States Senate.\n ``(c) No later than 5 years after the date of enactment of this \nsubsection, the Secretary of the Interior shall submit to the Committee \non Resources of the House of Representatives and the Committee on \nEnergy and Natural Resources of the United States Senate a report \nassessing the cost, effectiveness, and effects of the licensing and \nauthorization program established pursuant to section 3(b). The report \nshall include, but not be limited to, assessments of the effect of such \nprogram on--\n ``(1) visitation levels in the National Park System;\n ``(2) the image of the National Park System;\n ``(3) achievement of the needs and priorities of the \n National Park Service;\n ``(4) appropriations for the National Park System; and\n ``(5) the costs of the Foundation and the Secretary of the \n Interior to administer the program.''; and\n (6) at the end, by inserting:\n ``Sec. 11. Whoever, without the authorization of the Foundation, \nuses for purposes of trade, to induce the sale of any good or service, \nto promote any commercial activity, or for other commercial purpose the \nname of the Foundation or any trademark, tradename, sign, symbol, \nemblem, insignia, logo, likeness, or slogan referred to in section \n3(b)(1), or any facsimile or simulation thereof tending to cause \nconfusion, to cause mistake, to deceive, or to suggest falsely that an \nindividual, company, or particular good or service is an official \nsponsor or official supporter of the National Park System or National \nPark Service, shall be subject to suit in a civil action by the \nFoundation for the remedies provided in the Act of July 5, 1946, 60 \nStat. 427 (15 U.S.C. 501 et seq.).\n ``Sec. 12. Section 1 of Public Law 88-504 (36 U.S.C. 1101), as \namended, is further amended by adding at the end `(78) The National \nPark Foundation'.''.","summary":"Revises the purpose of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds. And (2) exclude accepting and administering private gifts on behalf of the National Park Service. Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the US Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service. Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior. Authorizes the Foundation to license property. Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain, (2) operating any commercial establishment or enterprise within NPS units. Or (3) engaging in any lobbying activities concerning NPS management. Requires: (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit. And (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation. Sets forth congressional reporting requirements. Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes. Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations.","title":"To amend the Act establishing the National Park Foundation.","text_len":9531,"sum_len":2495} {"bill_id":"103_s492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bodie Protection Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the historic Bodie gold mining district in the State of \n California is the site of the largest and best preserved \n authentic ghost town in the western United States;\n (2) the Bodie Bowl area contains important natural, \n historical, and aesthetic resources;\n (3) Bodie was designated a National Historical Landmark in \n 1961 and a California State Historic Park in 1962, is listed on \n the National Register of Historic Places, and is included in \n the Federal Historic American Buildings Survey;\n (4) nearly 200,000 persons visit Bodie each year, providing \n the local economy with important annual tourism revenues;\n (5) the town of Bodie is threatened by proposals to explore \n and extract minerals: mining in the Bodie Bowl area may have \n adverse physical and aesthetic impacts on Bodie's historical \n integrity, cultural values, and ghost town character as well as \n on its recreational values and the area's flora and fauna;\n (6) the California State Legislature, on September 4, 1990, \n requested the President and the Congress to direct the \n Secretary of the Interior to protect the ghost town character, \n ambience, historic buildings, and scenic attributes of the town \n of Bodie and nearby areas;\n (7) the California State Legislature also requested the \n Secretary, if necessary to protect the Bodie Bowl area, to \n withdraw the Federal lands within the area from all forms of \n mineral entry and patent;\n (8) the National Park Service listed Bodie as a priority \n one endangered National Historic Landmark in its fiscal year \n 1990 and 1991 report to Congress entitled ``Threatened and \n Damaged National Historic Landmarks'' and recommended \n protection of the Bodie area; and\n (9) it is necessary and appropriate to provide that all \n Federal lands within the Bodie Bowl area are not subject to \n location, entry, and patent under the mining laws of the United \n States, subject to valid existing rights, and to direct the \n Secretary to consult with the Governor of the State of \n California before approving any mining activity plan within the \n Bodie Bowl.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Bodie Bowl'' means the Federal lands and \n interests in lands within the area generally depicted on the \n map referred to in section 4(a).\n (2) The term ``mining'' means any activity involving \n mineral prospecting, exploration, extraction, milling, \n beneficiation, processing, and reclamation.\n (3) The term ``Secretary'' means the Secretary of the \n Interior.\n\nSEC. 4. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL LAWS.\n\n (a) Restriction.--Subject to valid existing rights, after the date \nof enactment of this Act Federal lands and interests in lands within \nthe area generally depicted on the map entitled ``Bodie Bowl'' and \ndated June 12, 1992, shall not be--\n (1) open to the location of mining and mill site claims \n under the general mining laws of the United States;\n (2) subject to any lease under the Mineral Leasing Act (30 \n U.S.C. 181 and following) or the Geothermal Steam Act of 1970 \n (30 U.S.C. 100 and following), for lands within the Bodie Bowl; \n and\n (3) available for disposal of mineral materials under the \n Act of July 31, 1947, commonly known as the Materials Act of \n 1947 (30 U.S.C. 601 and following).\nSuch map shall be on file and available for public inspection in the \nOffice of the Secretary, and appropriate offices of the Bureau of Land \nManagement and the National Park Service. As soon as practicable after \nthe date of enactment of this Act, the Secretary shall publish a legal \ndescription of the Bodie Bowl area in the Federal Register.\n (b) Valid Existing Rights.--As used in this subsection, the term \n``valid existing rights'' in reference to the general mining laws means \nthat a mining claim located on lands within the Bodie Bowl was properly \nlocated and maintained under the general mining laws prior to the date \nof enactment of this Act, was supported by a discovery of a valuable \nmineral deposit within the meaning of the general mining laws on the \ndate of enactment of this Act, and that such claim continues to be \nvalid.\n (c) Validity Review.--The Secretary shall undertake an expedited \nprogram to determine the validity of all unpatented mining claims \nlocated within the Bodie Bowl. The expedited program shall include an \nexamination of all unpatented mining claims, including those for which \na patent application has not been filed. If a claim is determined to be \ninvalid, the Secretary shall promptly declare the claim to be null and \nvoid, except that the Secretary shall not challenge the validity of any \nclaim located within the Bodie Bowl for the failure to do assessment \nwork for any period after the date of enactment of this Act. The \nSecretary shall make a determination with respect to the validity of \neach claim referred to under this subsection within 2 years after the \ndate of enactment of this Act.\n (d) Limitation on Patent Issuance.--\n (1) Mining claims.--(A) After March 8, 1992, no patent \n shall be issued by the United States for any mining claim \n located under the general mining laws within the Bodie Bowl \n unless the Secretary determines that, for the claim concerned--\n (i) a patent application was filed with the \n Secretary on or before such date; and\n (ii) all requirements established under sections \n 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and \n 30) for vein or lode claims and sections 2329, 2330, \n 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, \n 36, 37) for placer claims were fully complied with by \n that date.\n (B) If the Secretary makes the determinations referred to \n in subparagraph (A) for any mining claim, the holder of the \n claim shall be entitled to the issuance of a patent in the same \n manner and degree to which such claim holder would have been \n entitled to prior to the enactment of this Act, unless and \n until such determinations are withdrawn or invalidated by the \n Secretary or by a court of the United States.\n (2) Mill site claims.--(A) After March 8, 1992, no patent \n shall be issued by the United States for any mill site claim \n located under the general mining laws within the Bodie Bowl \n unless the Secretary determines that, for the claim concerned--\n (i) a patent application was filed with the \n Secretary on or before March 8, 1992; and\n (ii) all requirements applicable to such patent \n application were fully complied with by that date.\n (B) If the Secretary makes the determinations referred to \n in subparagraph (A) for any mill site claim, the holder of the \n claim shall be entitled to the issuance of a patent in the same \n manner and degree to which such claim holder would have been \n entitled to prior to the enactment of this Act, unless and \n until such determinations are withdrawn or invalidated by the \n Secretary or by a court of the United States.\n\nSEC. 5. MINERAL ACTIVITIES.\n\n (a) In General.--Mineral exploration, mining, beneficiation, and \nprocessing activities on unpatented mining claims within the Bodie Bowl \nshall be subject to such regulations prescribed by the Secretary, in \nconsultation with the Governor of the State of California, as the \nSecretary deems necessary to ensure that such mineral activities are \nconducted--\n (1) in accordance with the rules and regulations \n promulgated under Public Law 94-429 (16 U.S.C. 1901 et seq.) as \n they relate to plan of operations, reclamation requirements, \n and bonding; and\n (2) in a manner that does not cause any adverse effect on \n the historic, cultural, recreational and natural resource \n values of the Bodie Bowl area.\n (b) Restoration of Effects of Mining Exploration.--As soon as \npossible after the date of enactment of this Act, visible evidence or \nother effects of mining exploration activity within the Bodie Bowl \nconducted on or after September 1, 1988, shall be reclaimed by the \noperator in accordance with regulations prescribed pursuant to \nsubsection (a).\n (c) Annual Expenditures; Filing.--The requirements for annual \nexpenditures on unpatented mining claims imposed by Revised Statute \n2324 (30 U.S.C. 28) shall not apply to any such claim located within \nthe Bodie Bowl. In lieu of filing the affidavit of assessment work \nreferred to under section 314(a)(1) of the Federal Land Policy and \nManagement Act of 1976 (43 U.S.C. 1744(a)(1)), the holder of any \nunpatented mining or mill site claim located within the Bodie Bowl \nshall only be required to file the notice of intention to hold the \nmining claim referred to in such section 314(a)(1).\n (d) Regulations.--The Secretary shall promulgate the regulations \nreferred to in this section within 90 days after the date of enactment \nof this Act. For the purposes of this Act, the Bureau of Land \nManagement shall promulgate and administer the rules and regulations \nreferred to in section 5(a).\n\nSEC. 6. STUDY.\n\n Beginning as soon as possible after the date of enactment of this \nAct, the Secretary of the Interior, through the Director of the \nNational Park Service, shall review possible actions to preserve the \nscenic character, historical integrity, cultural and recreational \nvalues, flora and fauna, and ghost town characteristics of lands and \nstructures within the Bodie Bowl. No later than 3 years after the date \nof such enactment, the Secretary shall submit to the Committee on \nInterior and Insular Affairs of the United States House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe United States Senate a report that discusses the results of such \nreview and makes recommendations as to which steps (including but not \nlimited to acquisition of lands or valid mining claims) should be \nundertaken in order to achieve these objectives.","summary":"Bodie Protection Act of 1993 - Prohibits the Bodie Bowl (California) from being available for any mineral mining, leasing, or disposal activities, except under valid existing claims. Directs the Secretary of the Interior to undertake an expedited validity review of all unpatented mining claims located within the Bodie Bowl. Prescribes limitations for the issuance of patents for mining and mill site claims on such lands. Subjects mineral exploration, mining, beneficiation, and processing on unpatented mining claims within the Bodie Bowl to regulations prescribed to ensure that such activities do not adversely affect historic, cultural, recreational, and natural resource values of the Bodie Bowl. Mandates reclamation of the effects of mining exploration by mining operators. Exempts the holder of any unpatented mining or mill site claim within the Bodie Bowl from specified statutory expenditure and filing requirements. Declares that, in lieu of filing a certain affidavit of assessment work, such holder shall only be required to file a specified notice of intention to hold certain mining claims. Directs the Secretary to: (1) review possible actions to preserve specified characteristics of the Bodie Bowl. And (2) report to certain congressional committees recommendations to achieve such preservation.","title":"Bodie Protection Act of 1993","text_len":10786,"sum_len":1316} {"bill_id":"103_hr811","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Counsel Reauthorization \nAct of 1993''.\n\nSEC. 2. FIVE-YEAR REAUTHORIZATION.\n\n Section 599 of title 28, United States Code, is amended by striking \n``1987'' and inserting ``1993''.\n\nSEC. 3. ADDED CONTROLS.\n\n (a) Cost Controls and Administrative Support.--Section 594 of title \n28, United States Code, is amended by adding at the end the following \nnew subsection:\n ``(l) Cost Controls and Administrative Support.--\n ``(1) Cost controls.--\n ``(A) In general.--An independent counsel shall--\n ``(i) conduct all activities with due \n regard for expense;\n ``(ii) authorize only reasonable and lawful \n expenditures; and\n ``(iii) promptly, upon taking office, \n assign to a specific employee the duty of \n certifying that expenditures of the independent \n counsel are reasonable and made in accordance \n with law.\n ``(B) Department of justice policies.--An \n independent counsel shall comply with the established \n policies of the Department of Justice respecting \n expenditures of funds, except to the extent that \n compliance would be inconsistent with the purposes of \n this chapter.\n ``(2) Administrative support.--The Director of the \n Administrative Office of the United States Courts shall provide \n administrative support and guidance to each independent \n counsel. No officer or employee of the Administrative Office of \n the United States Courts shall disclose information related to \n an independent counsel's expenditures, personnel, or \n administrative acts or arrangements without the authorization \n of the independent counsel.\n ``(3) Office space.--The Administrator of General Services, \n in consultation with the Director of the Administrative Office \n of the United States Courts, shall promptly provide appropriate \n office space for each independent counsel. Such office space \n shall be within a Federal building unless the Administrator of \n General Services determines that other arrangements would cost \n less.''.\n (b) Independent Counsel Per Diem Expenses.-- Section 594(b) of \ntitle 28, United States Code, is amended--\n (1) by striking ``An independent counsel'' and inserting\n ``(1) In general.--An independent counsel''; and\n (2) by adding at the end the following new paragraphs:\n ``(2) Travel expenses.--Except as provided in paragraph \n (3), an independent counsel and persons appointed under \n subsection (c) shall be entitled to the payment of travel \n expenses as provided by subchapter 1 of chapter 57 of title 5, \n including travel or transportation expenses in accordance with \n section 5703 of title 5.\n ``(3) Travel to primary office.--An independent counsel and \n any person appointed under subsection (c) shall not be entitled \n to the payment of travel and subsistence expenses under \n subchapter 1 of chapter 57 of title 5 with respect to duties \n performed in the city in which the primary office of that \n independent counsel or person is located after 1 year of \n service by that independent counsel or person (as the case may \n be) under this chapter unless the employee assigned duties \n under subsection (l)(1)(A)(iii) certifies that the payment is \n in the public interest to carry out the purposes of this \n chapter. Any such certification shall be effective for 6 \n months, but may be renewed for additional periods of 6-months \n each if, for each such renewal, the employee assigned duties \n under subsection (l)(1)(A)(iii) makes a recertification with \n respect to the public interest described in the preceding \n sentence. In making any certification or recertification under \n this paragraph with respect to travel and subsistence expenses \n of an independent counsel or person appointed under subsection \n (c), such employee shall consider, among other relevant \n factors--\n ``(A) the cost to the Government of reimbursing \n such travel and subsistence expenses;\n ``(B) the period of time for which the independent \n counsel anticipates that the activities of the \n independent counsel or person, as the case may be, will \n continue;\n ``(C) the personal and financial burdens on the \n independent counsel or person, as the case may be, of \n relocating so that such travel and subsistence expenses \n would not be incurred; and\n ``(D) the burdens associated with appointing a new \n independent counsel, or appointing another person under \n subsection (c), to replace the individual involved who \n is unable or unwilling to so relocate.\n An employee making a certification or recertification under \n this paragraph shall be liable for an invalid certification or \n recertification to the same extent as a certifying official \n certifying a voucher is liable under section 3528 of title \n 31.''.\n (c) Independent Counsel Employee Pay Comparability.--Section 594(c) \nof title 28, United States Code, is amended by striking the last \nsentence and inserting the following: ``Such employees shall be \ncompensated at levels not to exceed those payable for comparable \npositions in the Office of United States Attorney for the District of \nColumbia under sections 548 and 550, but in no event shall any such \nemployee be compensated at a rate greater than the rate of basic pay \npayable for level IV of the Executive Schedule under section 5315 of \ntitle 5.''.\n (d) Ethics Enforcement.--Section 594(j) of title 28, United States \nCode, is amended by adding at the end the following new paragraph:\n ``(5) Enforcement.--The Attorney General and the Director \n of the Office of Government Ethics have authority to enforce \n compliance with this subsection.''.\n (e) Compliance With Policies of the Department of Justice.--Section \n594(f) of title 28, United States Code, is amended by striking ``shall, \nexcept where not possible, comply'' and inserting ``shall, except to \nthe extent that to do so would be inconsistent with the purposes of \nthis chapter, comply''.\n (f) Publication of Reports.--Section 594(h) of title 28, United \nStates Code, is amended--\n (1) by adding at the end the following new paragraph:\n ``(3) Publication of reports.--At the request of an \n independent counsel, the Public Printer shall cause to be \n printed any report previously released to the public under \n paragraph (2). The independent counsel shall certify the number \n of copies necessary for the public, and the Public Printer \n shall place the cost of the required number to the debit of \n such independent counsel. Additional copies shall be made \n available to the public through the Superintendent of Documents \n sales program under section 1702 of title 44 and the depository \n library program under section 1903 of such title.''; and\n (2) in the first sentence of paragraph (2), by striking \n ``appropriate'' the second place it appears and inserting ``in \n the public interest, consistent with maximizing public \n disclosure, ensuring a full explanation of independent counsel \n activities and decisionmaking, and facilitating the release of \n information and materials which the independent counsel has \n determined should be disclosed''.\n (g) Annual Reports to Congress.--Section 595(a)(2) of title 28, \nUnited States Code, is amended by striking ``such statements'' and all \nthat follows through ``appropriate'' and inserting ``annually a report \non the activities of the independent counsel, including a description \nof the progress of any investigation or prosecution conducted by the \nindependent counsel. Such report may omit any matter that in the \njudgment of the independent counsel should be kept confidential, but \nshall provide information adequate to justify the expenditures that the \noffice of the independent counsel has made''.\n (h) Periodic Reappointment of Independent Counsel.--Section \n596(b)(2) of title 28, United States Code, is amended by adding at the \nend the following new sentence: ``If the Attorney General has not made \na request under this paragraph, the division of the court shall \ndetermine on its own motion whether termination is appropriate under \nthis paragraph not later than 3 years after the appointment of an \nindependent counsel and at the end of each succeeding 3-year period.''.\n (i) Audits by the Comptroller General.--Section 596(c) of title 28, \nUnited States Code, is amended to read as follows:\n ``(c) Audits.--By December 31 of each year, an independent counsel \nshall prepare a statement of expenditures for the fiscal year that \nended on the immediately preceding September 30. An independent counsel \nwhose office is terminated prior to the end of the fiscal year shall \nprepare a statement of expenditures by the date that is 90 days after \nthe date on which the office is terminated. The Comptroller General \nshall audit each such statement and shall, not later than March 31 of \nthe year following the submission of any such statement, report the \nresults of each audit to the Committee on the Judiciary and the \nCommittee on Government Operations of the House of Representatives and \nto the Committee on Governmental Affairs and the Committee on the \nJudiciary of the Senate.''.\n\nSEC. 4. MEMBERS OF CONGRESS.\n\n Section 591(c) of title 28, United States Code, is amended--\n (1) by indenting paragraphs (1) and (2) two ems to the \n right and by redesignating such paragraphs as subparagraphs (A) \n and (B), respectively;\n (2) by striking ``The Attorney'' and all that follows \n through ``if--'' and inserting the following:\n ``(1) In general.--The Attorney General may conduct a \n preliminary investigation in accordance with section 592 if--\n ''; and\n (3) by adding at the end the following new paragraph:\n ``(2) Members of congress.--When the Attorney General \n determines that it would be in the public interest, the \n Attorney General may conduct a preliminary investigation in \n accordance with section 592 if the Attorney General receives \n information sufficient to constitute grounds to investigate \n whether a Member of Congress may have violated any Federal \n criminal law other than a violation classified as a Class B or \n C misdemeanor or an infraction.''.\n\nSEC. 5. GROUNDS FOR REMOVAL.\n\n Section 596(a)(1) of title 28, United States Code, is amended by \nstriking ``physical disability, mental incapacity'' and inserting \n``physical or mental disability (consistent with prohibitions on \ndiscrimination otherwise imposed by law)''.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall become effective on the date \nof the enactment of this Act.","summary":"Independent Counsel Reauthorization Act of 1994 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Requires an independent counsel to: (1) conduct all activities with due regard for expense, authorize only reasonable and lawful expenditures, and assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law. And (2) comply with the established policies of the Department of Justice (DOJ) regarding expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of the Act. Directs: (1) the Director of the Administrative Office of the United States Courts to provide administrative support and guidance to each independent counsel. And (2) the Administrator of General Services to provide office space for each independent counsel. Sets forth provisions regarding: (1) independent counsel per diem expenses, (2) independent counsel employee pay comparability, (3) ethics enforcement, (4) compliance with DOJ policies, (5) publication of reports, (6) annual reports to the Congress, (7) periodic reappointment of independent counsel. And (8) audits by the Comptroller General. Authorizes the Attorney General to conduct a preliminary investigation upon the receipt of information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law, other than a violation classified as a Class B or C misdemeanor or an infraction, when the Attorney General determines that it would be in the public interest. Includes as grounds for removal of an independent counsel physical or mental disability consistent with prohibitions on discrimination otherwise imposed by law . Requires an independent counsel to comply with guidelines and procedures used by DOJ in the handling and use of classified materials.","title":"Independent Counsel Reauthorization Act of 1994","text_len":11720,"sum_len":1933} {"bill_id":"106_s364","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Investment \nImprovement Act of 1999''.\n\nSEC. 2. SBIC PROGRAM.\n\n (a) In General.--Section 308(i)(2) of the Small Business Investment \nAct of 1958 (15 U.S.C. 687(i)(2)) is amended by adding at the end the \nfollowing: ``In this paragraph, the term `interest' includes only the \nmaximum mandatory sum, expressed in dollars or as a percentage rate, \nthat is payable with respect to the business loan amount received by \nthe small business concern, and does not include the value, if any, of \ncontingent obligations, including warrants, royalty, or conversion \nrights, granting the small business investment company an ownership \ninterest in the equity or increased future revenue of the small \nbusiness concern receiving the business loan.''.\n (b) Funding Levels.--Section 20 of the Small Business Act (15 \nU.S.C. 631 note) is amended--\n (1) in subsection (d)(1)(C)(i), by striking \n ``$800,000,000'' and inserting ``$1,200,000,000''; and\n (2) in subsection (e)(1)(C)(i), by striking \n ``$900,000,000'' and inserting ``$1,500,000,000''.\n (c) Definitions.--\n (1) Small business concern.--Section 103(5) of the Small \n Business Investment Act of 1958 (15 U.S.C. 662(5)) is amended--\n (A) by redesignating subparagraphs (A) through (C) \n as clauses (i) through (iii), and indenting \n appropriately;\n (B) in clause (iii), as redesignated, by adding \n ``and'' at the end;\n (C) by striking ``purposes of this Act, an \n investment'' and inserting the following: ``purposes of \n this Act--\n ``(A) an investment''; and\n (D) by adding at the end the following:\n ``(B) in determining whether a business concern \n satisfies net income standards established pursuant to \n section 3(a)(2) of the Small Business Act, if the \n business concern is not required by law to pay Federal \n income taxes at the enterprise level, but is required \n to pass income through to the shareholders, partners, \n beneficiaries, or other equitable owners of the \n business concern, the net income of the business \n concern shall be determined by allowing a deduction in \n an amount equal to the sum of--\n ``(i) if the business concern is not \n required by law to pay State (and local, if \n any) income taxes at the enterprise level, the \n net income (determined without regard to this \n subparagraph), multiplied by the marginal State \n income tax rate (or by the combined State and \n local income tax rates, as applicable) that \n would have applied if the business concern were \n a corporation; and\n ``(ii) the net income (so determined) less \n any deduction for State (and local) income \n taxes calculated under clause (i), multiplied \n by the marginal Federal income tax rate that \n would have applied if the business concern were \n a corporation;''.\n (2) Smaller enterprise.--Section 103(12)(A)(ii) of the \n Small Business Investment Act of 1958 (15 U.S.C. \n 662(12)(A)(ii)) is amended by inserting before the semicolon at \n the end the following: ``except that, for purposes of this \n clause, if the business concern is not required by law to pay \n Federal income taxes at the enterprise level, but is required \n to pass income through to the shareholders, partners, \n beneficiaries, or other equitable owners of the business \n concern, the net income of the business concern shall be \n determined by allowing a deduction in an amount equal to the \n sum of--\n ``(I) if the business concern is \n not required by law to pay State (and \n local, if any) income taxes at the \n enterprise level, the net income \n (determined without regard to this \n clause), multiplied by the marginal \n State income tax rate (or by the \n combined State and local income tax \n rates, as applicable) that would have \n applied if the business concern were a \n corporation; and\n ``(II) the net income (so \n determined) less any deduction for \n State (and local) income taxes \n calculated under subclause (I), \n multiplied by the marginal Federal \n income tax rate that would have applied \n if the business concern were a \n corporation''.\n (d) Technical Corrections.--\n (1) Repeal.--Section 303(g) of the Small Business \n Investment Act of 1958 (15 U.S.C. 683(g)) is amended by \n striking paragraph (13).\n (2) Issuance of guarantees and trust certificates.--Section \n 320 of the Small Business Investment Act of 1958 (15 U.S.C. \n 687m) is amended by striking ``6'' and inserting ``12''.\n (3) Elimination of table of contents.--Section 101 of the \n Small Business Investment Act of 1958 (15 U.S.C. 661 note) is \n amended to read as follows:\n\n``SEC. 101. SHORT TITLE.\n\n ``This Act may be cited as the `Small Business Investment Act of \n1958'.''.\n \n\n\n\n\n\n ","summary":"Small Business Investment Improvement Act of 1999 - Amends the Small Business Investment Act of 1958 to: (1) define interest for purposes of small business loans granted under the Small Business Investment Company (SBIC) program. And (2) increase the FY 1999 and 2000 funding levels for such program. Provides for the determination of an eligible small business or smaller enterprise that is not required to pay Federal income tax at the corporate level but that is required to pass income through to its shareholders or partners by using a specified formula to compute its after-tax income. Requires the Small Business Administration to issue SBIC guarantees and trust certificates at periodic intervals of not less than every 12 months.","title":"Small Business Investment Improvement Act of 1999","text_len":6794,"sum_len":738} {"bill_id":"111_s3880","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Officer Daniel Faulkner Children of \nFallen Heroes Scholarship Act of 2010''.\n\nSEC. 2. CALCULATION OF ELIGIBILITY.\n\n Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. \n1087mm(b)) is amended--\n (1) in paragraph (2)--\n (A) in the matter preceding subparagraph (A), by \n inserting ``(in the case of a student who meets the \n requirement of subparagraph (B)(i)), or academic year \n 2011-2012 (in the case of a student who meets the \n requirement of subparagraph (B)(ii)),'' after \n ``academic year 2009-2010''; and\n (B) by amending subparagraph (B) to read as \n follows:\n ``(B) whose parent or guardian was--\n ``(i) a member of the Armed Forces of the \n United States and died as a result of \n performing military service in Iraq or \n Afghanistan after September 11, 2001; or\n ``(ii) actively serving as a public safety \n officer and died in the line of duty while \n performing as a public safety officer; and'';\n (2) in paragraph (3)--\n (A) by striking ``Notwithstanding'' and inserting \n the following:\n ``(A) Armed forces.--Notwithstanding'';\n (B) by striking ``paragraph (2)'' and inserting \n ``subparagraphs (A), (B)(i), and (C) of paragraph \n (2)''; and\n (C) by adding at the end the following:\n ``(B) Public safety officers.--Notwithstanding any \n other provision of law, unless the Secretary \n establishes an alternate method to adjust the expected \n family contribution, for each student who meets the \n requirements of subparagraphs (A), (B)(ii), and (C) of \n paragraph (2), a financial aid administrator shall--\n ``(i) verify with the student that the \n student is eligible for the adjustment;\n ``(ii) adjust the expected family \n contribution in accordance with this \n subsection; and\n ``(iii) notify the Secretary of the \n adjustment and the student's eligibility for \n the adjustment.''; and\n (3) by adding at the end the following:\n ``(4) Treatment of pell amount.--Notwithstanding section \n 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 \n (42 U.S.C. 3796d-1), in the case of a student who receives an \n increased Federal Pell Grant amount under this section, the \n total amount of such Federal Pell Grant, including the increase \n under this subsection, shall not be considered in calculating \n that student's educational assistance benefits under the Public \n Safety Officers' Benefits program under subpart 2 of part L of \n title I of such Act.\n ``(5) Definitions.--For purposes of this subsection:\n ``(A) Firefighter.--The term `firefighter' means an \n individual who is trained in the suppression of fire or \n hazardous materials response and has the legal \n authority to engage in these duties.\n ``(B) Law enforcement officer.--The term `law \n enforcement officer' means an individual who--\n ``(i) is authorized by law to engage in or \n supervise the prevention, detection, \n investigation, or prosecution of, or the \n incarceration of any person for, any violation \n of law; and\n ``(ii) has statutory powers of arrest or \n apprehension.\n ``(C) Member of a rescue squad or ambulance crew.--\n The term `member of a rescue squad or ambulance crew' \n means an individual who is an officially recognized or \n designated public employee member of a rescue squad or \n ambulance crew.\n ``(D) Federal or public agency.--The term `Federal \n or public agency' means--\n ``(i) the United States, any State of the \n United States, the District of Columbia, the \n Commonwealth of Puerto Rico, the Virgin Islands \n of the United States, Guam, American Samoa, the \n Commonwealth of the Northern Mariana Islands, \n the Freely Associated States, or any territory \n or possession of the United States;\n ``(ii) any unit of local government, \n department, agency, or instrumentality of any \n of the entities described in clause (i); or\n ``(iii) the Amtrak Police department or \n Federal Reserve Police department.\n ``(E) Public safety officer.--The term `public \n safety officer' means an individual serving a Federal \n or public agency in an official capacity, with or \n without compensation, as a law enforcement officer, as \n a firefighter, or as a member of a rescue squad or \n ambulance crew.''.\n\nSEC. 3. CALCULATION OF PELL GRANT AMOUNT.\n\n Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1070a(b)(2)) is amended--\n (1) in subparagraph (A), in the matter preceding clause \n (i), by striking ``The Amount'' and inserting ``Subject to \n subparagraph (C), the amount''; and\n (2) by adding at the end the following new subparagraph:\n ``(C) In the case of a student who meets the \n requirements of subparagraphs (A), (B)(ii), and (C) of \n section 473(b)(2)--\n ``(i) clause (ii) of subparagraph (A) of \n this paragraph shall be applied by substituting \n `from the amounts appropriated in the last \n enacted appropriation Act applicable to that \n award year, an amount equal to the amount of \n the increase calculated under paragraph (8)(B) \n for that year' for `the amount of the increase \n calculated under paragraph (8)(B) for that \n year'; and\n ``(ii) such student--\n ``(I) shall be provided an amount \n under clause (i) of this subparagraph \n only to the extent that funds are \n specifically provided in advance in an \n appropriation Act to such students for \n that award year; and\n ``(II) shall not be eligible for \n the amounts made available pursuant to \n clauses (i) through (iii) of paragraph \n (8)(A).''.\n\nSEC. 4. BUDGETARY EFFECTS.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Senate Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\nSEC. 5. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect on \nJuly 1, 2011.","summary":"Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death. Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted , and of adjusting it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution. Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program. Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year.","title":"A bill to increase Federal Pell Grants for the children of fallen public safety officers, and for other purposes.","text_len":8222,"sum_len":1369} {"bill_id":"111_s2217","text":"SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF TOP-OF-\n THE-STOVE STAINLESS STEEL COOKING WARE FROM THE REPUBLIC \n OF KOREA ENTERED BETWEEN JANUARY 1, 1999 AND JANUARY 22, \n 2003.\n\n (a) In General.--Notwithstanding section 514 of the Tariff Act of \n1930 (19 U.S.C. 1514) or any other provision of law and subject to the \nprovisions of subsection (b), the U.S. Customs and Border Protection \nshall, not later than 90 days after the receipt of the request \ndescribed in subsection (b), liquidate or reliquidate each entry \ndescribed in subsection (d) at the new rate of duty described in that \nsubsection, to the extent the former rate of duty described in that \nsubsection was applied to such merchandise on the date of entry.\n (b) Requests.--Liquidation or reliquidation may be made under \nsubsection (a) with respect to an entry described in subsection (d) \nonly if a request therefore is filed with the U.S. Customs and Border \nProtection not later than 90 days after the date of the enactment of \nthis Act.\n (c) Payment of Amounts Owed.--Any amounts owed by the United States \npursuant to the liquidation or reliquidation of any entry under \nsubsection (a) shall be paid not later than 90 days after the date of \nsuch liquidation or reliquidation.\n (d) Entries Described.--The entries referred to in subsection (a) \nare as follows:\n (1) Entry year 1999.--The following entries shall, to the \n extent an antidumping rate of duty of 8.10 percent or 7.39 \n percent was formerly applied, be reliquidated at an antidumping \n rate of duty of 1.67 percent:\n\n\nEntry number........................... Entry date\n 336 2596739-5........................ 2\/4\/1999\n 336 2596857-5........................ 2\/9\/1999\n 336 2596897-1........................ 2\/9\/1999\n 336 2596977-1........................ 2\/11\/1999\n 336 2597059-7........................ 2\/11\/1999\n 336 2597136-3........................ 2\/17\/1999\n 336 2597190-0........................ 2\/17\/1999\n 336 2597293-2........................ 3\/1\/1999\n 336 2597320-3........................ 3\/1\/1999\n 336 2597368-2........................ 3\/9\/1999\n 336 2597491-2........................ 3\/18\/1999\n 336 2597536-4........................ 3\/18\/1999\n 336 2597601-6........................ 3\/18\/1999\n 336 2597793-1........................ 3\/19\/1999\n 336 2597808-7........................ 3\/25\/1999\n 336 2597636-2........................ 3\/25\/1999\n 336 2597671-9........................ 3\/31\/1999\n 336 2597901-0........................ 3\/31\/1999\n 336 2597966-3........................ 4\/7\/1999\n 336 2598053-9........................ 4\/7\/1999\n 336 2598123-0........................ 4\/14\/1999\n 336 2598124-8........................ 4\/23\/1999\n 336 2598238-6........................ 4\/23\/1999\n 336 2598511-6........................ 5\/3\/1999\n 336 2598510-8........................ 5\/4\/1999\n 336 2598268-3........................ 5\/11\/1999\n 336 2598269-1........................ 5\/11\/1999\n 336 2598600-7........................ 5\/12\/1999\n 336 2598601-5........................ 5\/12\/1999\n 336 2598739-3........................ 5\/18\/1999\n 336 2598740-1........................ 5\/18\/1999\n 336 2598755-9........................ 5\/25\/1999\n 336 2598756-7........................ 5\/25\/1999\n 336 2598969-6........................ 6\/4\/1999\n 336 2598970-4........................ 6\/4\/1999\n 336 2599136-1........................ 6\/4\/1999\n 336 2599137-9........................ 6\/4\/1999\n 336 2599179-1........................ 6\/11\/1999\n 336 2599725-1........................ 6\/21\/1999\n 336 2599726-9........................ 6\/21\/1999\n 336 2599484-5........................ 6\/30\/1999\n 336 2599485-2........................ 6\/30\/1999\n 336 2599651-9........................ 7\/6\/1999\n 336 2599652-7........................ 7\/6\/1999\n 336 2599787-1........................ 7\/14\/1999\n 336 2599788-9........................ 7\/14\/1999\n 336 2599916-6........................ 7\/19\/1999\n 336 2600049-3........................ 7\/30\/1999\n 336 2600050-1........................ 7\/30\/1999\n 336 2600201-0........................ 8\/5\/1999\n 336 2600202-8........................ 8\/5\/1999\n 336 2600361-2........................ 8\/12\/1999\n 336 2600362-0........................ 8\/12\/1999\n 336 2600484-2........................ 8\/18\/1999\n 336 2600525-2........................ 8\/18\/1999\n 336 2600663-1........................ 8\/31\/1999\n 336 2600664-9........................ 8\/31\/1999\n 336 2600787-8........................ 9\/3\/1999\n 336 2600788-6........................ 9\/3\/1999\n 336 2600996-5........................ 9\/23\/1999\n 336 2600997-3........................ 9\/23\/1999\n 336 2601187-0........................ 9\/29\/1999\n 336 2601188-8........................ 9\/29\/1999\n 336 2601189-6........................ 10\/1\/1999\n 336 2601190-4........................ 10\/1\/1999\n 336 2601431-2........................ 10\/5\/1999\n 336 2601432-0........................ 10\/5\/1999\n 336 2601519-4........................ 10\/8\/1999\n 336 2601520-2........................ 10\/8\/1999\n 336 2601529-3........................ 10\/12\/1999\n 336 2601530-1........................ 10\/12\/1999\n 336 2601655-6........................ 10\/19\/1999\n 336 2601656-4........................ 10\/19\/1999\n 336 2601797-6........................ 10\/22\/1999\n 336 2601798-4........................ 10\/22\/1999\n 336 2601800-8........................ 11\/3\/1999\n 336 2601799-2........................ 11\/4\/1999\n 336 2601950-1........................ 11\/10\/1999\n 336 2601951-9........................ 11\/10\/1999\n 336 2602201-8........................ 11\/16\/1999\n 336 2602202-6........................ 11\/16\/1999\n 336 2602319-8........................ 11\/22\/1999\n 336 2602320-6........................ 11\/22\/1999\n 336 2602404-8........................ 12\/1\/1999\n 336 2602405-5........................ 12\/1\/1999\n 336 2602633-2........................ 12\/6\/1999\n 336 2602632-4........................ 12\/8\/1999\n 336 2602772-8........................ 12\/15\/1999\n 336 2602773-6........................ 12\/15\/1999\n 336 2602845-2........................ 12\/22\/1999\n 336 2602846-0........................ 12\/22\/1999\n 336 2602979-9........................ 12\/29\/1999\n 336 2602980-7........................ 12\/29\/1999\n \n\n (2) Entry year 2000.--The following entries shall, to the \n extent an antidumping rate of 7.39 percent was formerly \n applied, be reliquidated at an antidumping rate of duty of 1.26 \n percent:\n\n\nEntry number Entry date\n 336 2603169-6........................ 1\/3\/2000\n 336 2607879-6........................ 1\/15\/2000\n 739 6029431-9........................ 1\/31\/2000\n 739 6029704-9........................ 2\/8\/2000\n 739 6029699-1........................ 2\/10\/2000\n 739 6029930-0........................ 2\/16\/2000\n 008 0635322-3........................ 2\/21\/2000\n 739 6030272-4........................ 2\/24\/2000\n 336 2604255-2........................ 3\/3\/2000\n 739 6030562-8........................ 3\/7\/2000\n 739 6030738-4........................ 3\/8\/2000\n 336 2604432-7........................ 3\/10\/2000\n 739 6031041-2........................ 3\/15\/2000\n 739 6031221-0........................ 3\/21\/2000\n 739 6031220-2........................ 3\/21\/2000\n 739 6031198-0........................ 3\/22\/2000\n 336 2604516-7........................ 3\/27\/2000\n 008 0635935-2........................ 3\/28\/2000\n 739 6031554-4........................ 3\/29\/2000\n 739 6031329-1........................ 3\/30\/2000\n 739 6031484-4........................ 4\/3\/2000\n 336 2604723-9........................ 4\/6\/2000\n 336 2604895-5........................ 4\/11\/2000\n 336 2605088-6........................ 4\/14\/2000\n 739 6032412-4........................ 4\/23\/2000\n 008 0636281-0........................ 4\/23\/2000\n 739 6031967-8........................ 4\/24\/2000\n 739 6032414-0........................ 4\/24\/2000\n 739 6032703-6........................ 5\/2\/2000\n 739 6032745-7........................ 5\/2\/2000\n 336 2605234-6........................ 5\/5\/2000\n 739 6032999-0........................ 5\/9\/2000\n 739 6033467-7........................ 5\/23\/2000\n 739 6033484-2........................ 5\/23\/2000\n 336 2605320-3........................ 6\/15\/2000\n 336 2605636-2........................ 6\/16\/2000\n 739 6034538-4........................ 6\/16\/2000\n 336 2605656-0........................ 6\/19\/2000\n 336 2605691-7........................ 6\/20\/2000\n 336 2606008-3........................ 7\/6\/2000\n 336 2606173-5........................ 7\/10\/2000\n 739 6035525-0........................ 7\/13\/2000\n 739 6035507-8........................ 7\/13\/2000\n 336 2606449-9........................ 7\/19\/2000\n 739 6035801-5........................ 7\/20\/2000\n 739 6035707-4........................ 7\/20\/2000\n 336 2606538-9........................ 7\/26\/2000\n 336 2606646-0........................ 8\/3\/2000\n 739 6036406-2........................ 8\/3\/2000\n 739 6036408-8........................ 8\/3\/2000\n 739 6036384-1........................ 8\/4\/2000\n 336 2606921-7........................ 8\/9\/2000\n 336 2607439-9........................ 8\/17\/2000\n 336 2607447-2........................ 8\/18\/2000\n 336 2607838-2........................ 8\/22\/2000\n 739 6037536-5........................ 9\/12\/2000\n 739 6038089-4........................ 9\/19\/2000\n 739 6038497-9........................ 10\/2\/2000\n 739 6038899-6........................ 10\/11\/2000\n 739 6039461-4........................ 10\/25\/2000\n 739 6039311-1........................ 10\/30\/2000\n 336 2608716-9........................ 11\/3\/2000\n 336 2608719-3........................ 11\/3\/2000\n 739 6039841-7........................ 11\/7\/2000\n 739 6039718-7........................ 11\/7\/2000\n 336 2609709-3........................ 11\/8\/2000\n 336 2608722-7........................ 11\/8\/2000\n 336 9412013-2........................ 11\/10\/2000\n 336 2609529-5........................ 11\/16\/2000\n 739 6040100-5........................ 11\/16\/2000\n 336 9412016-5........................ 11\/17\/2000\n 336 9412019-9........................ 11\/21\/2000\n 739 6040227-6........................ 11\/25\/2000\n 739 6039607-2........................ 11\/28\/2000\n 336 9412334-2........................ 11\/30\/2000\n 336 9412337-5........................ 11\/30\/2000\n 739 6040875-2........................ 12\/9\/2000\n 739 6040981-8........................ 12\/12\/2000\n 336 9412631-1........................ 12\/13\/2000\n 739 6041062-6........................ 12\/17\/2000\n 336 9412634-5........................ 12\/19\/2000\n 739 6041145-9........................ 12\/20\/2000\n 336 9412637-8........................ 12\/21\/2000\n 336 9412899-4........................ 12\/26\/2000\n 336 9412965-3........................ 12\/28\/2000\n 739 6041516-1........................ 12\/30\/2000\n \n\n (3) Entry year 2001.--The following entries shall, to the \n extent an antidumping rate of duty of 7.39 percent or 1.67 \n percent was formerly applied, be reliquidated at an antidumping \n rate of duty of 0.90 percent:\n\n\nEntry number........................... Entry date\n 739 6041721-7........................ 1\/3\/2001\n 336 9412562-8........................ 1\/5\/2001\n 336 9413082-6........................ 1\/5\/2001\n 008 0641141-9........................ 1\/5\/2001\n 008 0641202-9........................ 1\/11\/2001\n 336 9413358-0........................ 1\/12\/2001\n 336 2608124-6........................ 1\/15\/2001\n 336 9413361-4........................ 1\/15\/2001\n 336 9412279-9........................ 1\/16\/2001\n 739 6042228-2........................ 1\/18\/2001\n 739 6042223-3........................ 1\/18\/2001\n 336 9413426-5........................ 1\/19\/2001\n 336 9413444-8........................ 1\/19\/2001\n 739 6042405-6........................ 1\/23\/2001\n 336 9413518-9........................ 1\/25\/2001\n 739 6042480-9........................ 1\/26\/2001\n 336 9413814-2........................ 2\/5\/2001\n 739 6042833-9........................ 2\/5\/2001\n 739 6042954-3........................ 2\/7\/2001\n 336 9413894-4........................ 2\/8\/2001\n 739 6042931-1........................ 2\/10\/2001\n 336 9414162-5........................ 2\/23\/2001\n 739 6043410-5........................ 2\/24\/2001\n 336 9414223-5........................ 3\/7\/2001\n 739 6043950-0........................ 3\/7\/2001\n 336 9414325-8........................ 3\/20\/2001\n 336 9414331-6........................ 3\/28\/2001\n 336 9414333-2........................ 3\/29\/2001\n 336 9415452-9........................ 4\/2\/2001\n 336 9415449-5........................ 4\/4\/2001\n 336 9415454-5........................ 4\/25\/2001\n 336 9415456-0........................ 4\/25\/2001\n 739 6047935-7........................ 6\/12\/2001\n 739 6047856-5........................ 6\/14\/2001\n 739 6047934-0........................ 6\/14\/2001\n 739 6048091-8........................ 6\/21\/2001\n 336 9567582-9........................ 6\/25\/2001\n 336 9415457-8........................ 7\/6\/2001\n 739 6048879-6........................ 7\/9\/2001\n 739 6048948-9........................ 7\/10\/2001\n 336 9568422-7........................ 7\/13\/2001\n 739 6049096-6........................ 7\/16\/2001\n 336 9568425-0........................ 7\/19\/2001\n 739 6049296-2........................ 7\/20\/2001\n 739 6049301-0........................ 7\/20\/2001\n 739 6049300-2........................ 7\/20\/2001\n 739 6049299-6........................ 7\/21\/2001\n 739 6049553-6........................ 7\/25\/2001\n 336 9568427-6........................ 8\/1\/2001\n 739 6049985-0........................ 8\/8\/2001\n 739 6050161-4........................ 8\/14\/2001\n 739 6050233-1........................ 8\/14\/2001\n 336 9568429-2........................ 8\/16\/2001\n 336 9568431-8........................ 8\/27\/2001\n 739 6050759-5........................ 8\/29\/2001\n 739 6050761-1........................ 8\/29\/2001\n 739 6050762-9........................ 8\/29\/2001\n 739 6050789-2........................ 8\/29\/2001\n 336 9568435-9........................ 9\/5\/2001\n 220 1012341-6........................ 9\/19\/2001\n 220 1012344-0........................ 9\/19\/2001\n 220 1012345-7........................ 9\/19\/2001\n 336 9568433-4........................ 9\/20\/2001\n 336 9568437-5........................ 9\/21\/2001\n 336 9568439-1........................ 9\/21\/2001\n 739 6051534-1........................ 9\/21\/2001\n 739 6051498-9........................ 9\/24\/2001\n 336 9568441-7........................ 10\/1\/2001\n 336 9568443-3........................ 10\/2\/2001\n 739 6052003-6........................ 10\/5\/2001\n 336 9568445-8........................ 10\/8\/2001\n 336 9568449-0........................ 10\/11\/2001\n 739 6052333-7........................ 10\/11\/2001\n 336 9568447-4........................ 10\/17\/2001\n 739 6052539-9........................ 10\/17\/2001\n 739 6052581-1........................ 10\/18\/2001\n 739 6052580-3........................ 10\/19\/2001\n 739 6052582-9........................ 10\/19\/2001\n 739 6052588-6........................ 10\/20\/2001\n 336 9568451-6........................ 11\/5\/2001\n 739 6053140-5........................ 11\/7\/2001\n 336 9568453-2........................ 11\/12\/2001\n 739 6053218-9........................ 11\/12\/2001\n 739 6053346-8........................ 11\/12\/2001\n 739 6053347-6........................ 11\/12\/2001\n 336 9568455-7........................ 11\/14\/2001\n 739 6053420-1........................ 11\/14\/2001\n 336 9568457-3........................ 11\/23\/2001\n 336 9568459-9........................ 11\/30\/2001\n 336 9568464-9........................ 12\/5\/2001\n 739 6054285-7........................ 12\/7\/2001\n 739 6054242-8........................ 12\/11\/2001\n 739 6054279-0........................ 12\/11\/2001\n 739 6054290-7........................ 12\/11\/2001\n 336 9573250-5........................ 12\/17\/2001\n 739 6054492-9........................ 12\/18\/2001\n 739 6054501-7........................ 12\/18\/2001\n 336 9573252-1........................ 12\/26\/2001\n \n\n (4) Entry year 2002.--The following entries shall, to the \n extent an antidumping rate of duty of 1.67 percent or 1.26 \n percent was formerly applied, be reliquidated at an antidumping \n rate of duty of 0.90 percent:\n\n\nEntry number........................... Entry date\n 739 6055104-9........................ 1\/2\/2002\n 336 9573254-7........................ 1\/3\/2002\n 336 2605850-9........................ 1\/7\/2002\n 336 9903585-5........................ 1\/9\/2002\n 336 9573496-4........................ 1\/11\/2002\n 739 6055356-5........................ 1\/11\/2002\n 739 6055488-6........................ 1\/14\/2002\n 336 9903640-8........................ 1\/15\/2002\n 739 6055586-7........................ 1\/15\/2002\n 336 9903642-4........................ 1\/18\/2002\n 336 9573258-8........................ 1\/18\/2002\n 739 6055963-8........................ 1\/25\/2002\n 739 6055954-7........................ 1\/29\/2002\n 739 6056226-9........................ 2\/6\/2002\n 739 6056338-2........................ 2\/6\/2002\n 739 6056433-1........................ 2\/12\/2002\n 739 6056623-7........................ 2\/19\/2002\n 739 6056968-6........................ 2\/28\/2002\n 739 6056967-8........................ 3\/2\/2002\n 739 6057410-8........................ 3\/12\/2002\n 739 6057409-0........................ 3\/15\/2002\n 739 6057973-5........................ 3\/29\/2002\n 739 6058682-1........................ 4\/18\/2002\n 739 6058950-2........................ 4\/27\/2002\n 739 6058971-8........................ 4\/27\/2002\n JG6 8804702-0........................ 5\/9\/2002\n 739 6059602-8........................ 5\/15\/2002\n 739 6059573-1........................ 5\/15\/2002\n 739 6059603-6........................ 5\/15\/2002\n JG6 8804788-9........................ 5\/16\/2002\n JG6 8804733-5........................ 5\/16\/2002\n 739 6059792-7........................ 5\/22\/2002\n JG6 8804897-8........................ 5\/25\/2002\n JG6 8805011-5........................ 5\/30\/2002\n JG6 8804965-3........................ 6\/3\/2002\n JG6 8804917-4........................ 6\/3\/2002\n 739 6060475-6........................ 6\/10\/2002\n 739 6060821-1........................ 6\/14\/2002\n 739 6060772-6........................ 6\/18\/2002\n 739 6061068-8........................ 6\/22\/2002\n 739 6061103-3........................ 6\/23\/2002\n 739 6061069-6........................ 6\/23\/2002\n 739 6061895-4........................ 7\/10\/2002\n 739 6061776-6........................ 7\/12\/2002\n 739 6062689-0........................ 7\/28\/2002\n 739 6063735-0........................ 8\/20\/2002\n 739 6063709-5........................ 8\/20\/2002\n 739 6063710-3........................ 8\/20\/2002\n 739 6064286-3........................ 9\/3\/2002\n 739 6065264-9........................ 9\/22\/2002\n 739 6065240-9........................ 9\/22\/2002\n 739 6065872-9........................ 10\/6\/2002\n \n\n (5) Entry year 2003.--The following entries shall, to the \n extent an antidumping rate of duty of 1.26 percent was formerly \n applied, be reliquidated at an antidumping rate of duty of 0.90 \n percent:\n\n\nEntry number........................... Entry date\n 739 6069860-0........................ 1\/5\/2003\n 739 6070029-9........................ 1\/12\/2003\n 739 6070500-9........................ 1\/22\/2003\n 739 6070760-9........................ 1\/26\/2003\n 739 6070759-1........................ 1\/26\/2003\n 739 6070914-2........................ 1\/29\/2003","summary":"Directs US Customs and Border Protection to liquidate or reliquidate certain entries of top-of-the-stove stainless steel cooking ware from the Republic of Korea.","title":"A bill to provide for the liquidation or reliquidation of certain entries relating to top-of-the-stove stainless steel cooking ware from the Republic of Korea entered between January 1, 1999 and January 22, 2003.","text_len":19974,"sum_len":161} {"bill_id":"106_hr2348","text":"SECTION 1. PURPOSE.\n\n The purpose of this Act is to authorize and provide funding for the \nBureau of Reclamation to continue the implementation of the endangered \nfish recovery implementation programs for the Upper Colorado and San \nJuan River Basins in order to accomplish the objectives of these \nprograms within a currently established time schedule.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``Recovery Implementation Programs'' means the \n intergovernmental programs established pursuant to the 1988 \n Cooperative Agreement to implement the Recovery Implementation \n Program for the Endangered Fish Species in the Upper Colorado River \n dated September 29, 1987, and the 1992 Cooperative Agreement to \n implement the San Juan River Recovery Implementation Program dated \n October 21, 1992, and as they may be amended by the parties \n thereto.\n (2) The term ``Secretary'' means the Secretary of the Interior.\n (3) The term ``Upper Division States'' means the States of \n Colorado, New Mexico, Utah, and Wyoming.\n (4) The term ``Colorado River Storage Project'' or ``storage \n project'' means those dams, reservoirs, power plants, and other \n appurtenant project facilities and features authorized by and \n constructed in accordance with the Colorado River Storage Project \n Act (43 U.S.C. 620 et seq.).\n (5) The term ``capital projects'' means planning, design, \n permitting or other compliance, pre-construction activities, \n construction, construction management, and replacement of \n facilities, and the acquisition of interests in land or water, as \n necessary to carry out the Recovery Implementation Programs.\n (6) The term ``facilities'' includes facilities for the genetic \n conservation or propagation of the endangered fishes, those for the \n restoration of floodplain habitat or fish passage, those for \n control or supply of instream flows, and those for the removal or \n translocation of nonnative fishes.\n (7) The term ``interests in land and water'' includes, but is \n not limited to, long-term leases and easements, and long-term \n enforcement, or other agreements protecting instream flows.\n (8) The term ``base funding'' means funding for operation and \n maintenance of capital projects, implementation of recovery actions \n other than capital projects, monitoring and research to evaluate \n the need for or effectiveness of any recovery action, and program \n management, as necessary to carry out the Recovery Implementation \n Programs. Base funding also includes annual funding provided under \n the terms of the 1988 Cooperative Agreement and the 1992 \n Cooperative Agreement.\n (9) The term ``recovery actions other than capital projects'' \n includes short-term leases and agreements for interests in land, \n water, and facilities; the reintroduction or augmentation of \n endangered fish stocks; and the removal, translocation, or other \n control of nonnative fishes.\n (10) The term ``depletion charge'' means a one-time \n contribution in dollars per acre-foot to be paid to the United \n States Fish and Wildlife Service based on the average annual new \n depletion by each project.\n\nSEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.\n\n (a) Authorization of Appropriations for Federal Participation in \nCapital Projects.--(1) There is hereby authorized to be appropriated to \nthe Secretary, $46,000,000 to undertake capital projects to carry out \nthe purposes of this Act. Such funds shall be considered a \nnonreimbursable Federal expenditure.\n (2) The authority of the Secretary, acting through the Bureau of \nReclamation, under this or any other provision of law to implement \ncapital projects for the Recovery Implementation Program for Endangered \nFish Species in the Upper Colorado River Basin shall expire in fiscal \nyear 2005 unless reauthorized by an Act of Congress.\n (3) The authority of the Secretary to implement the capital \nprojects for the San Juan River Basin Recovery Implementation Program \nshall expire in fiscal year 2007 unless reauthorized by an Act of \nCongress.\n (b) Cost of Capital Projects.--The total costs of the capital \nprojects undertaken for the Recovery Implementation Programs receiving \nassistance under this Act shall not exceed $100,000,000 of which--\n (1) costs shall not exceed $82,000,000 for the Recovery \n Implementation Program for Endangered Fish Species in the Upper \n Colorado River Basin through fiscal year 2005; and\n (2) costs shall not exceed $18,000,000 for the San Juan River \n Recovery Implementation Program through fiscal year 2007.\nThe amounts set forth in this subsection shall be adjusted by the \nSecretary for inflation in each fiscal year beginning after the \nenactment of this Act.\n (c) Non-Federal Contributions to Capital Projects.--(1) The \nSecretary, acting through the Bureau of Reclamation, may accept \ncontributed funds from the Upper Division States, or political \nsubdivisions or organizations with the Upper Division States, pursuant \nto agreements that provide for the contributions to be used for capital \nprojects costs. Such non-Federal contributions shall not exceed \n$17,000,000.\n (2) In addition to the contribution described in paragraph (1), the \nSecretary of Energy, acting through the Western Area Power \nAdministration, and the Secretary of the Interior, acting through the \nBureau of Reclamation, may utilize power revenues collected pursuant to \nthe Colorado River Storage Project Act to carry out the purposes of \nthis subsection. Such funds shall be treated as reimbursable costs \nassigned to power for repayment under section 5 of the Colorado River \nStorage Project Act. This additional contribution shall not exceed \n$17,000,000. Such funds shall be considered a non-Federal contribution \nfor the purposes of this Act. The funding authorized by this paragraph \nover any 2-fiscal-year period shall be made available in amounts equal \nto the contributions for the same 2-fiscal-year period made by the \nUpper Division States pursuant to paragraph (1).\n (3) The additional funding provided pursuant to paragraph (2) may \nbe provided through loans from the Colorado Water Conservation Board \nConstruction Fund (37-60-121 C.R.S.) to the Western Area Power \nAdministration in lieu of funds which would otherwise be collected from \npower revenues and used for storage project repayments. The Western \nArea Power Administration is authorized to repay such loan or loans \nfrom power revenues collected beginning in fiscal year 2012, subject to \nan agreement between the Colorado Water Conservation Board, the Western \nArea Power Administration, and the Bureau of Reclamation. The agreement \nand any future loan contracts that may be entered into by the Colorado \nWater Conservation Board, the Western Area Power Administration, and \nthe Bureau of Reclamation shall be negotiated in consultation with Salt \nLake City Area Integrated Projects Firm Power Contractors. The \nagreement and loan contracts shall include provisions designed to \nminimize impacts on electrical power rates and shall ensure that loan \nrepayment to the Colorado Water Conservation Board, including principal \nand interest, is completed no later than September 30, 2057. The \nWestern Area Power Administration is authorized to include in power \nrates such sums as are necessary to carry out this paragraph and \nparagraph (2).\n (4) All contributions made pursuant to this subsection shall be in \naddition to the cost of replacement power purchased due to modifying \nthe operation of the Colorado River Storage Project and the capital \ncost of water from Wolford Mountain Reservoir in Colorado. Such costs \nshall be considered as non-Federal contributions, not to exceed \n$20,000,000.\n (d) Base Funding.--(1) Beginning in the first fiscal year \ncommencing after the date of the enactment of this Act, the Secretary \nmay utilize power revenues collected pursuant to the Colorado River \nStorage Project Act for the annual base funding contributions to the \nRecovery Implementation Programs by the Bureau of Reclamation. Such \nfunding shall be treated as nonreimbursable and as having been repaid \nand returned to the general fund of the Treasury as costs assigned to \npower for repayment under section 5 of the Colorado River Storage \nProject Act.\n (2) For the Recovery Implementation Program for the Endangered Fish \nSpecies in the Upper Colorado River Basin, the contributions to base \nfunding referred to in paragraph (1) shall not exceed $4,000,000 per \nyear. For the San Juan River Recovery Implementation Program, such \ncontributions shall not exceed $2,000,000 per year. The Secretary shall \nadjust such amounts for inflation in fiscal years commencing after the \nenactment of this Act. The utilization of power revenues for annual \nbase funding shall cease after the fiscal year 2011, unless \nreauthorized by Congress; except that power revenues may continue to be \nutilized to fund the operation and maintenance of capital projects and \nmonitoring. No later than the end of fiscal year 2008, the Secretary \nshall submit a report on the utilization of power revenues for base \nfunding to the appropriate Committees of the United States Senate and \nthe House of Representatives. The Secretary shall also make a \nrecommendation in such report regarding the need for continued base \nfunding after fiscal year 2011 that may be required to fulfill the \ngoals of the Recovery Implementation Programs. Nothing in this Act \nshall otherwise modify or amend existing agreements among participants \nregarding base funding and depletion charges for the Recovery \nImplementation Programs.\n (3) The Western Area Power Administration and the Bureau of \nReclamation shall maintain sufficient revenues in the Colorado River \nBasin Fund to meet their obligation to provide base funding in \naccordance with paragraph (2). If the Western Area Power Administration \nand the Bureau of Reclamation determine that the funds in the Colorado \nRiver Basin Fund will not be sufficient to meet the obligations of \nsection 5(c)(1) of the Colorado River Storage Project Act for a 3-year \nperiod, the Western Area Power Administration and the Bureau of \nReclamation shall request appropriations to meet base funding \nobligations.\n (e) Authority To Retain Appropriated Funds.--At the end of each \nfiscal year any unexpended appropriated funds for capital projects \nunder this Act shall be retained for use in future fiscal years. \nUnexpended funds under this Act that are carried over shall continue to \nbe used to implement the capital projects needed for the Recovery \nImplementation Programs.\n (f) Additional Authority.--The Secretary may enter into agreements \nand contracts with Federal and non-Federal entities, acquire and \ntransfer interests in land, water, and facilities, and accept or give \ngrants in order to carry out the purposes of this Act.\n (g) Indian Trust Assets.--The Congress finds that much of the \npotential water development in the San Juan River Basin and in the \nDuchesne River Basin (a subbasin of the Green River in the Upper \nColorado River Basin) is for the benefit of Indian tribes and most of \nthe federally designated critical habitat for the endangered fish \nspecies in the San Juan River Basin is on Indian trust lands, and 2\\1\/\n2\\ miles of critical habitat on the Duchesne River is on Indian Trust \nLand. Nothing in this Act shall be construed to restrict the Secretary, \nacting through the Bureau of Reclamation and the Bureau of Indian \nAffairs, from funding activities or capital projects in accordance with \nthe Federal Government's Indian trust responsibility.\n (h) Termination of Authority.--All authorities provided by this \nsection for the respective Recovery Implementation Program shall \nterminate upon expiration of the current time period for the respective \nCooperative Agreement referenced in section 2(1) unless, at least 1 \nyear prior to such expiration, the time period for the respective \nCooperative Agreement is extended to conform with this Act.\n\nSEC. 4. EFFECT ON RECLAMATION LAW.\n\n Specifically with regard to the acreage limitation provisions of \nFederal reclamation law, any action taken pursuant to or in furtherance \nof this title will not--\n (1) be considered in determining whether a district as defined \n in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C. \n 390bb) has discharged its obligation to repay the construction cost \n of project facilities used to make irrigation water available for \n delivery to land in the district;\n (2) serve as the basis for reinstating acreage limitation \n provisions in a district that has completed payment of its \n construction obligations; or\n (3) serve as the basis for increasing the construction \n repayment obligation of the district and thereby extending the \n period during which the acreage limitation provisions will apply.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Authorizes: (1) the Secretary to accept up to $17 million in contributed funds from Colorado, New Mexico, Utah, and Wyoming , or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs. (2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects up to $17 million in power revenues collected pursuant to the Colorado River Storage Project Act. And (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues for base funding. Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. Terminates all authorities for the respective Program upon the expiration of the current time period for the respective Cooperative Agreement unless, at least one year prior to expiration, the time period for such Agreement is extended. Provides that no action taken pursuant to this Act shall: (1) be considered in determining whether a district has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district. (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligations. Or (3) serve as the basis for increasing the construction repayment obligation of the district and thereby extending the period during which the acreage limitation provisions will apply.","title":"To authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins.","text_len":13330,"sum_len":1921} {"bill_id":"113_hr4084","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Gardening and Nutrition \nAct of 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) A community garden improves the quality of life, \n encourages self-reliance, produces highly nutritious food, \n reduces family food budgets, and creates opportunities for \n recreation, social interaction, exercise, education, and \n economic development for people participating in the garden.\n (2) The creation of community gardens has been an effective \n approach to cleaning up and maintaining abandoned vacant lots.\n (3) Many community gardens donate fresh fruits and \n vegetables to local food pantries, cooperatives, and homeless \n members of the community, and provide for a source of fresh \n fruits and vegetables for participants of the gardens.\n (4) An August 2013 report by the Union of Concerned \n Scientists entitled ``The $11 Trillion Reward'' concluded that \n if Americans were to eat 2.5 cups of vegetables and 2 cups of \n fruit daily, as recommended by Federal dietary guidelines, \n nearly 130,000 deaths could be prevented and $17 billion could \n be saved in medical costs.\n (5) The Department of Health and Human Services recommends \n eating more dark green vegetables, legumes, and fruits; and \n eating fewer refined grains, less fat, and fewer calories.\n (6) A 2010 review of the Nutritional Implications of \n Farmers' Markets and Community Gardens published by the Journal \n of the American Dietetic Association found that community \n gardens promote healthy behaviors.\n (7) A 2011 pilot study entitled ``LA Sprouts'' published by \n the Journal of the American Dietetic Association found that \n teaching gardening and nutrition improved the dietary intakes \n of children and reduced childhood obesity.\n\nSEC. 3. COMMUNITY GARDEN PILOT PROGRAM.\n\n (a) Purpose.--Section 103(a) of the Domestic Volunteer Service Act \nof 1973 (42 U.S.C. 4953(a)) is amended--\n (1) in paragraph (12) by striking ``and'' at the end;\n (2) in paragraph (13) by striking the period and inserting \n ``; and''; and\n (3) by adding at the end the following:\n ``(14) in establishing initiatives that address the health \n and nutrition of individuals in low-income and underserved \n communities, including by--\n ``(A) creating new community gardens and supporting \n and expanding existing community gardens;\n ``(B) recruiting local community members to \n actively engage in community gardens and gardening \n projects;\n ``(C) transforming vacant places into community \n garden plots;\n ``(D) increasing access for community members to \n healthy foods and local foods while also encouraging \n community members to stay active;\n ``(E) expanding anti-poverty efforts by teaching \n basic nutrition and self-reliance through community \n gardening programs; and\n ``(F) developing initiatives that increase access \n to healthy, locally grown foods for the community at \n large.''.\n (b) Establishment.--Part A of title I of such Act (42 U.S.C. 4951 \net seq.) is amended by adding at the end the following:\n\n``SEC. 110. COMMUNITY GARDEN PILOT PROGRAM.\n\n ``(a) The Director shall establish a Community Garden Pilot Program \nfor the purpose of carrying out the work described under section \n103(a)(14). In conducting the Program, the Director shall carry out no \nless than 40 projects.\n ``(b) In carrying out the Program established under subsection (a), \nthe Director shall give priority to--\n ``(1) volunteers with experience in health, nutrition, and \n gardening;\n ``(2) projects located in varied geographic regions; and\n ``(3) selecting a balance of urban and rural projects.''.\n (c) Authorization.--Section 501(a) of such Act (42 U.S.C. 5081(a)) \nis amended by--\n (1) redesignating paragraph (3) as paragraph (4); and\n (2) inserting after paragraph (2) the following:\n ``(3) Community garden pilot program.--There are authorized \n to be appropriated to carry out section 110 of part A of title \n I $4,000,000 for fiscal year 2014 and such sums shall remain \n available until expended.''.\n (d) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act (42 U.S.C. 4950) is amended by adding after the item relating \nto section 109 the following new item:\n\n``Sec. 110. Community Garden Pilot Program.''.\n\nSEC. 4. REPORT.\n\n Not later than 90 days after the completion of the Community Garden \nPilot Program established under section 110(a) of the Domestic \nVolunteer Service Act of 1973 (42 U.S.C. 4951(a)), the Assistant \nDirector appointed pursuant to section 194(d)(1)(A) of the National and \nCommunity Service Act of 1990 (42 U.S.C. 12651e(d)(1)(A)), shall submit \nto Congress a report containing--\n (1) a description of the projects and volunteer placements \n under the Program;\n (2) results and analysis of completed projects under the \n Program; and\n (3) any recommendations for continuation of the Program.","summary":"Community Gardening and Nutrition Act of 2014 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the Corporation for National and Community Service to establish a Community Garden Pilot Program under the Volunteers in Service to America (VISTA) program. Requires the Program to address the health and nutrition of individuals in low-income and underserved communities through activities that include: creating new community gardens and supporting and expanding existing community gardens. Recruiting local community members to actively engage in community gardens and gardening projects, transforming vacant places into community garden plots. Increasing community members' access to healthy foods and local foods while also encouraging them to stay active. Expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening. And developing initiatives that increase the community's access to healthy, locally grown foods. Requires the Director to carry out at least 40 projects under the Program. Requires the Director to give priority to: (1) volunteers with experience in health, nutrition, and gardening, (2) projects located in varied geographic regions, and (3) selecting a balance of urban and rural projects.","title":"Community Gardening and Nutrition Act of 2014","text_len":5589,"sum_len":1282} {"bill_id":"114_s2773","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gender Advancement in Pay Act'' or \nthe ``GAP Act''.\n\nSEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION.\n\n Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n206(d)) is amended--\n (1) in paragraph (1)--\n (A) in clause (iii), by striking ``or'' at the end;\n (B) by redesignating clause (iv) as clause (vi);\n (C) by inserting before clause (vi), as \n redesignated by subparagraph (B) of this paragraph, the \n following: ``(iv) a differential based on expertise; \n (v) a shift differential; or''; and\n (D) in clause (vi), as redesignated by subparagraph \n (B) of this paragraph, by striking ``any other factor \n other than sex'' and inserting ``a business-related \n factor other than sex, including but not limited to \n education, training, or experience'';\n (2) by redesignating paragraph (4) as paragraph (5); and\n (3) by inserting after paragraph (3) the following:\n ``(4) If a charge is filed by or on behalf of an employee for a \nviolation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \net seq.), and an action is brought by or on behalf of the employee for \na violation of this subsection, with respect to the same practice, or \nif an action is brought before the Equal Employment Opportunity \nCommission by or on behalf of the employee for a violation of this \nsubsection, the statute of limitations for the action involved under \nsection 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be \ntolled until the earlier of--\n ``(A) the date on which the Equal Employment Opportunity \n Commission or the Attorney General brings an action or provides \n notification to the employee with respect to the charge under \n section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C. \n 2000e-5(f)(1)); or\n ``(B) the date that is 270 days after the date on which \n such charge is filed.''.\n\nSEC. 3. NONRETALIATION PROVISION.\n\n Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) \nis amended--\n (1) in subsection (a)(3), by striking ``employee has \n filed'' and all that follows and inserting ``employee--\n ``(A) has made a charge or filed any complaint or \n instituted or caused to be instituted any \n investigation, proceeding, hearing, or action under or \n related to this Act, including an investigation \n conducted by the employer, or has testified or is \n planning to testify or has assisted or participated in \n any manner in any such investigation, proceeding, \n hearing, or action, or has served or is planning to \n serve on an industry committee; or\n ``(B) has inquired about, discussed, or disclosed \n the wages of the employee or another employee, or has \n declined to discuss or disclose the wages of the \n employee;''; and\n (2) by adding at the end the following:\n ``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in \nwhich an employee who has access to the wage information of other \nemployees as a part of such employee's essential job functions \ndiscloses the wages of any of such other employees to an individual who \ndoes not otherwise have access to such information, unless such \ndisclosure is in response to a charge or complaint or in furtherance of \nan investigation, proceeding, hearing, or action under or related to \nsection 6(d), including an investigation conducted by the employer.\n ``(2) Any employer who requires an employee to sign a contract or \nwaiver that would prohibit the employee from disclosing information \nabout the employee's wages shall be considered to have committed an \nunlawful act under subsection (a)(3)(B).\n ``(3) Nothing in this subsection shall be construed to limit the \nrights of an employee provided under any other provision of law.''.\n\nSEC. 4. CIVIL PENALTY.\n\n Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n216(e)) is amended--\n (1) in paragraph (2)--\n (A) by striking ``(2)'' and inserting ``(2)(A)''; \n and\n (B) by adding at the end the following:\n ``(B)(i) Any person who willfully violates section 6(d) shall be \nsubject to--\n ``(I) a civil penalty in an amount described in clause (ii) \n for each employee affected (less the amount of any penalty the \n person has paid under State law for the wage differential \n involved); and\n ``(II) any penalty that may apply under subparagraph (A).\n ``(ii) The amount referred to in clause (i)(I) shall be--\n ``(I) for an employer with not more than 100 employees, the \n lesser of the amount of the liquidated damages available under \n subsection (b) or (c), or $2,500;\n ``(II) for an employer with not less than 101 and not more \n than 200 employees, the lesser of the amount of the liquidated \n damages available under subsection (b) or (c), or $5,000;\n ``(III) for an employer with not less than 201 and not more \n than 500 employees, the lesser of the amount of the liquidated \n damages available under subsection (b) or (c), or $10,000; and\n ``(IV) for an employer with not less than 501 employees, \n the lesser of the amount of the liquidated damages available \n under subsection (b) or (c), or $15,000.'';\n (2) in paragraph (3), in the first sentence, by striking \n ``this subsection'' and inserting ``this subsection (other than \n paragraph (2)(B)); and\n (3) in paragraph (5)--\n (A) in the first sentence, by striking ``violations \n of section 12'' and inserting ``violations of section \n 6(d) or section 12''; and\n (B) by inserting after the first sentence the \n following: ``Civil penalties collected for violations \n of section 6(d) shall be deposited in the account \n created under section 5(d) of the GAP Act.''.\n\nSEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY.\n\n (a) Joint Study.--Using funds from the account created under \nsubsection (d), the Secretary of Labor, together with the Secretary of \nEducation, shall conduct a multistate study, through a grant to a \nnonprofit research institution, that includes strategies to increase \nthe participation of women in--\n (1) high-wage, high-demand occupations; and\n (2) industries in which women are underrepresented.\n (b) Comptroller General Study.--Using funds from the account \ncreated under subsection (d), the Comptroller General of the United \nStates shall conduct a multistate study to develop strategies described \nin subsection (a).\n (c) Reports.--Not later than 2 years after the date of enactment of \nthis Act--\n (1) the Secretary of Labor and the Secretary of Education \n shall submit to Congress a report containing--\n (A) a statement of the findings and conclusions of \n the study under subsection (a); and\n (B) any recommendations the Secretary of Labor and \n the Secretary of Education consider appropriate based \n on their conclusions;\n (2) the Comptroller General shall submit to Congress a \n report containing--\n (A) a statement of the findings and conclusions of \n the study under subsection (b); and\n (B) any recommendations the Comptroller General \n considers appropriate based on its conclusions; and\n (3) the Secretary of Labor, the Secretary of Education, and \n the Comptroller General shall make available to the public the \n reports described in this subsection.\n (d) Accounts.--\n (1) In general.--The Secretary of Labor shall create an \n account to manage the funds required to conduct the studies \n under subsections (a) and (b) and to complete the reports under \n subsection (c). The account shall contain the civil penalties \n collected under section 16(e)(2) of the Fair Labor Standards \n Act of 1938 (29 U.S.C. 216(e)(2)).\n (2) Withdrawal of funds.--The Secretary of Labor is \n authorized to withdraw funds from the account created under \n subsection (d) to carry out the joint study under subsection \n (a).\n (3) Transfer of funds.--At the request of the Comptroller \n General, the Secretary of Labor shall transfer to the \n Comptroller General the funds required to carry out the study \n under subsection (b).\n\nSEC. 6. SMALL BUSINESS ASSISTANCE.\n\n (a) Effective Date.--This Act and the amendments made by this Act \nshall take effect on the date that is 6 months after the date of \nenactment of this Act.\n (b) Technical Assistance Materials.--The Secretary of Labor and the \nEqual Employment Opportunity Commission shall jointly develop technical \nassistance materials to assist small businesses in complying with the \nrequirements of this Act and the amendments made by this Act.\n (c) Small Businesses.--A small business shall be exempt from the \nprovisions of this Act, and the amendments made by this Act, to the \nsame extent that such business is exempt from the requirements of the \nFair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of \nsection 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).\n\nSEC. 7. RULE OF CONSTRUCTION.\n\n Nothing in this Act, or in any amendment made by this Act, shall \naffect the obligation of employers and employees to fully comply with \nall applicable immigration laws, including any penalties, fines, or \nother sanctions.","summary":"Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies.","title":"GAP Act","text_len":10184,"sum_len":1760} {"bill_id":"113_hr5758","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Institution Customer \nProtection Act of 2014''.\n\nSEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND \n ORDERS.\n\n (a) Termination Requests or Orders Must Be Material.--\n (1) In general.--An appropriate Federal banking agency may \n not suggest, request, or order a depository institution to \n terminate a specific customer account or to otherwise restrict \n or discourage a depository institution from entering into or \n maintaining a banking relationship with a specific customer \n unless--\n (A) the agency has a material reason for such \n suggestion, request, or order; and\n (B) such reason is not based solely on reputation \n risk.\n (2) Treatment of national security threats.--If an \n appropriate Federal banking agency believes a specific customer \n poses a threat to national security, including any belief that \n such customer is involved in terrorist financing, such belief \n shall satisfy the materiality requirement under paragraph \n (1)(A).\n (3) Rulemaking.--Not later than the end of the 60-day \n period beginning on the date of the enactment of this Act, the \n appropriate Federal banking agencies shall, jointly, issue \n regulations defining the term ``reputation risk'' for purposes \n of this section.\n (b) Notice Requirement.--\n (1) In general.--If an appropriate Federal banking agency \n suggests, requests, or orders a depository institution to \n terminate a specific customer account, the agency shall--\n (A) provide such suggestion, request, or order to \n the institution in writing; and\n (B) accompany such suggestion, request, or order \n with a justification for why such termination is \n needed, including any specific laws or regulations the \n agency believes are being violated by the customer, if \n any.\n (2) Justification requirement.--A justification described \n under paragraph (1)(B) may not be based solely on the \n reputation risk to the depository institution.\n (c) Customer Notice.--\n (1) Notice not required.--Nothing in this section shall be \n construed as requiring a depository institution or an \n appropriate Federal banking agency to inform a customer of the \n justification for the customer's account termination described \n under subsection (b).\n (2) Notice prohibited in cases of national security.--If an \n appropriate Federal banking agency suggests, requests, or \n orders a depository institution to terminate a specific \n customer account based on a belief that the customer poses a \n threat to national security, neither the depository institution \n nor the appropriate Federal banking agency may inform the \n customer of the justification for the customer's account \n termination.\n (d) Reporting Requirement.--Each appropriate Federal banking agency \nshall issue an annual report to the Congress stating--\n (1) the aggregate number of specific customer accounts that \n the agency suggested, requested, or ordered a depository \n institution to terminate during the previous year; and\n (2) the legal authority under which the agency made such \n suggestions, requests, and orders.\n (e) Definitions.--For purposes of this section:\n (1) Appropriate federal banking agency.--The term \n ``appropriate Federal banking agency'' means--\n (A) the appropriate Federal banking agency, as \n defined under section 3 of the Federal Deposit \n Insurance Act (12 U.S.C. 1813); and\n (B) the National Credit Union Administration, in \n the case of an insured credit union.\n (2) Depository institution.--The term ``depository \n institution'' means--\n (A) a depository institution, as defined under \n section 3 of the Federal Deposit Insurance Act (12 \n U.S.C. 1813); and\n (B) an insured credit union.\n\nSEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND \n ENFORCEMENT ACT OF 1989.\n\n Section 951 of the Financial Institutions Reform, Recovery, and \nEnforcement Act of 1989 (12 U.S.C. 1833a) is amended--\n (1) in subsection (c)(2), by striking ``affecting'' and \n inserting ``by or against''; and\n (2) in subsection (g)--\n (A) in the header, by striking ``Subpoenas'' and \n inserting ``Investigations''; and\n (B) by amending paragraph (1)(C) to read as \n follows:\n ``(C) summon witnesses and require the production \n of any books, papers, correspondence, memoranda, or \n other records which the Attorney General deems relevant \n or material to the inquiry, if the Attorney General--\n ``(i) requests a court order from a court \n of competent jurisdiction for such actions and \n offers specific and articulable facts showing \n that there are reasonable grounds to believe \n that the information or testimony sought is \n relevant and material for conducting an \n investigation under this section; or\n ``(ii) either personally or through \n delegation no lower than the Deputy Attorney \n General, issues and signs a subpoena for such \n actions and has reasonable grounds to believe \n that the information or testimony sought is \n relevant for conducting an investigation under \n this section.''.","summary":"Financial Institution Customer Protection Act of 2014 - Prohibits a federal banking agency from suggesting, requesting, or ordering a depository institution to terminate a specific customer account, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk. Prescribes requirements for notice from the federal banking agency to the depository institution about such a customer account restriction or termination. But states that notice to the customer is not required. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations.","title":"Financial Institution Customer Protection Act of 2014","text_len":6241,"sum_len":997} {"bill_id":"114_hr2335","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Tampering of Prescription Pills \nAct of 2015''.\n\nSEC. 2. ABUSE-DETERRENT TECHNOLOGY.\n\n (a) Definition.--Section 201 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 321) is amended by adding at the end the \nfollowing:\n ``(ss) The term `abuse-deterrent drug' means a drug that--\n ``(1) contains as an active moiety a controlled substance \n that has been classified as opium, an opiate, or a derivative \n thereof, as such terms are defined or used in section 102 of \n the Controlled Substances Act;\n ``(2) has been formulated for oral administration; and\n ``(3)(A) exhibits physicochemical properties (demonstrated \n by in vitro, in vivo, or other testing, or some combination \n thereof, as determined appropriate by the Secretary) that make \n product manipulation significantly more difficult or \n ineffective in altering the characteristics of the drug for \n purposes of misuse or abuse when compared to drugs without such \n properties; or\n ``(B) contains one or more additional active or inactive \n ingredients that are intended to deter abuse through potential \n pharmacological effects, the effectiveness of which has been \n demonstrated by at least one adequate and well-controlled \n investigation.''.\n (b) Required Information in Application for Approval of Brand Name \nDrugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 355(b)) is amended by adding at the end the following:\n ``(7) Abuse-deterrent drugs.--If an application submitted \n under this subsection is potentially subject to refusal under \n subsection (d)(7), the application shall include such \n information as the Secretary determines necessary to \n demonstrate that the application is not subject to such \n refusal.''.\n (c) Approval of New Brand Name Drugs.--Section 505(d) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended--\n (1) by inserting ``(7)(A) such drug has been formulated for \n oral administration; (B) such drug contains as an active moiety \n a controlled substance that has been classified as opium, an \n opiate, or a derivative thereof, as such terms are defined or \n used in section 102 of the Controlled Substances Act; (C) such \n drug is not an abuse-deterrent drug; and (D) the Secretary has \n previously approved pursuant to an application submitted under \n subsection (b) or (j) a drug that (i) contains the same active \n moiety; (ii) is an abuse-deterrent drug, and (iii) has not been \n discontinued from marketing; or'' after ``(6) the application \n failed to contain the patent information prescribed by \n subsection (b); or'';\n (2) by striking ``(7) based on fair'' and inserting ``(8) \n based on fair'';\n (3) by striking ``clauses (1) through (6)'' and inserting \n ``paragraphs (1) through (7)''; and\n (4) by inserting ``The Secretary may issue an order \n approving an application, even if paragraph (7) applies, upon a \n finding that paragraphs (1) through (6) and paragraph (8) do \n not apply and that such approval is necessary either to prevent \n or alleviate a drug shortage or to otherwise address a \n significant unmet public health need.'' before ``As used in \n this subsection and subsection (e)''.\n (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(j)) is amended--\n (1) in paragraph (2)--\n (A) subparagraph (A)--\n (i) in clause (vii), by striking ``and'' at \n the end;\n (ii) in clause (viii), by striking the \n period at the end and inserting ``; and'';\n (iii) by inserting after clause (viii) the \n following:\n ``(ix) if the listed drug is an abuse-deterrent \n drug due to its physicochemical properties, information \n from comparative in vitro, in vivo, or other testing, \n or some combination thereof, as appropriate based on \n the type of data submitted for the listed drug, that \n demonstrates the new drug resists manipulation or the \n effect of manipulation to a degree at least comparable \n to the listed drug.''; and\n (iv) in the continuation text at the end of \n the subparagraph, by striking ``clauses (i) \n through (viii)'' and inserting ``clauses (i) \n through (ix)'';\n (B) in subparagraph (C)--\n (i) in clause (i), by striking ``or'' at \n the end;\n (ii) in clause (ii), by striking the period \n at the end and inserting ``; or''; and\n (iii) by adding at the end the following:\n ``(iii) that the listed drug is an abuse-deterrent \n drug and one or more of the new drug's active moieties \n differ in any material respect (in amount or otherwise) \n from those of the listed drug.'';\n (2) in paragraph (5), by adding at the end the following:\n ``(G) If a drug has been approved pursuant to an \n application submitted under paragraph (2), and thereafter the \n listed drug referred to in the application becomes an abuse-\n deterrent drug, the drug so approved shall not be considered to \n be bioequivalent to, or to have the same therapeutic effect as, \n the listed drug (as described in paragraph (2)(A)(iv)) unless \n and until the drug so approved has been found by the Secretary \n to meet the requirements of paragraph (2)(A)(ix).''; and\n (3) in paragraph (6)--\n (A) by striking ``(6) If a drug'' and inserting \n ``(6)(A) If a drug'';\n (B) by striking ``(A) for the'' and inserting ``(i) \n for the'';\n (C) by striking ``(B) if the'' and inserting ``(ii) \n if the''; and\n (D) by adding at the end the following:\n ``(B) For purposes of this paragraph and paragraph (7)(C), \n a withdrawal or suspension of a drug formulated for oral \n administration shall be considered to have been for safety or \n effectiveness reasons if--\n ``(i) the approval of a listed drug, which is not \n an abuse-deterrent drug, is withdrawn or suspended, or \n a listed drug, which is not an abuse-deterrent drug, is \n withdrawn from sale; and\n ``(ii) the Secretary has previously approved \n pursuant to an application under subsection (b) a drug \n that--\n ``(I) is in the same dosage form;\n ``(II) contains the same controlled \n substance as an active moiety;\n ``(III) is an abuse-deterrent drug; and\n ``(IV) has not been discontinued from \n marketing.''.\n (e) Withdrawal of Previously Approved Brand Name and Generic \nDrugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 355(e)) is amended--\n (1) by inserting ``or (6)(A) the drug contains as an active \n moiety a controlled substance that has been classified as \n opium, an opiate, or a derivative thereof, as such terms are \n defined or used in section 102 of the Controlled Substances \n Act; (B) the drug is formulated for oral administration; (C) \n the drug is not an abuse-deterrent drug; and (D) the Secretary \n has previously approved pursuant to an application submitted \n under subsection (b) or (j) a drug that contains the same \n active moiety, is an abuse-deterrent drug, and has not been \n discontinued from marketing'' before ``: Provided,''; and\n (2) by adding at the end the following: ``The Secretary may \n waive the application of paragraph (6) of the first sentence of \n this subsection in the case of a drug intended for use in a \n special needs population. In withdrawing (under paragraph (6) \n of the first sentence of this subsection) the approval of an \n application with respect to any drug, the Secretary shall, on a \n case-by-case basis, delay the effective date of such withdrawal \n for a period deemed sufficient by the Secretary to give the \n sponsor an opportunity to obtain approval under this section \n for a formulation of the drug meeting the criteria described in \n paragraph (2) of the definition of a''abuse-deterrent drug`` in \n section 201(ss).''.\n (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the \nfollowing:\n ``(D) Beginning 60 days after the date of the enactment of \n the Stop Tampering of Prescription Pills Act of 2015, the \n Secretary shall--\n ``(i) include in the list under subparagraph (A) a \n list of each drug or category of drugs which the \n Secretary has found to be abuse-deterrent drugs; and\n ``(ii) update the list under subparagraph (A)--\n ``(I) to remove from the list of abuse-\n deterrent drugs any drug the Secretary later \n determines is not an abuse-deterrent drug; and\n ``(II) as required by subparagraph (C) to \n reflect the application of paragraph (6)(B) to \n drugs that are withdrawn or suspended.''.","summary":"Stop Tampering of Prescription Pills Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to deny approval to a new oral opioid that does not have properties that make the drug significantly more difficult to abuse if an abuse-deterrent drug containing the same opioid is available. The FDA may approve an opioid drug that is not abuse-deterrent if approval is necessary to prevent or alleviate a drug shortage or to address a significant unmet public health need. To be approved by the FDA, a generic version of an abuse-deterrent brand name drug must be at least comparably abuse-deterrent and its active components must not differ in any material respect from the brand name drug. An approved generic drug is not bioequivalent to, and does not have the same therapeutic effect as, a brand name drug that becomes abuse-deterrent unless the generic drug is at least comparably abuse-deterrent. Approval of a generic oral opioid is withdrawn if the brand name drug is not abuse-deterrent and not available and there is an approved abuse-deterrent drug available that contains the same opioid in the same dose. Approval of an oral opioid is withdrawn if the drug is not abuse-deterrent and there is an approved abuse-deterrent drug available that contains the same opioid. Withdrawal of approval may be waived by the FDA for a drug intended for a special needs population. The FDA must delay withdrawal to give the drug sponsor an opportunity to obtain approval for an abuse-deterrent formulation of the drug.","title":"Stop Tampering of Prescription Pills Act of 2015","text_len":10286,"sum_len":1575} {"bill_id":"105_hr1450","text":"entitled ``Joint Resolution to approve the \n`Covenant To Establish a Commonwealth of the Northern Mariana Islands \nin Political Union with the United States of America', and for other \npurposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is \namended--\n (1) by adding at the end the following new section:\n\n``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.\n\n ``(a) In General.--No textile fiber product shall have a stamp, \ntag, label, or other means of identification or substitute therefore on \nor affixed to the product stating `Made in the USA' or otherwise \nstating or implying that the product was made or assembled in the \nUnited States unless--\n ``(1) each individual providing direct labor in production \n of such textile fiber product was paid a wage equal to or \n greater than the wage set by section 8; and\n ``(2) the product was manufactured in compliance with all \n Federal laws relating to labor rights and working conditions, \n including, but not limited to, the National Labor Relations \nAct, the Occupational Safety and Health Act of 1970, and the Fair Labor \nStandards Act of 1938.\n ``(b) A textile fiber product which does not comply with subsection \n(a) shall be deemed to be misbranded for purposes of the Textile Fiber \nProducts Identification Act (15 U.S.C. 70 et seq.).\n ``(c) Definition.--For purposes of this section the term `direct \nlabor' includes any work provided to prepare, assemble, process, \npackage, or transport a textile fiber product, but does not include \nsupervisory, management, security, or administrative work.'';\n (2) by adding, after the new section added by paragraph \n (1), the following new section:\n\n``SEC. 8. MINIMUM WAGE.\n\n ``The minimum wage provisions of the Fair Labor Standards Act of \n1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the \nNorthern Mariana Islands, except that--\n ``(1) through December 31, 1997, the minimum wage applicable to the \nCommonwealth of the Northern Mariana Islands shall be $3.55 per hour;\n ``(2) on January 1, 1998, and on July 1 and January 1 of each year \nthereafter, the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands shall be $0.50 per hour more than the minimum \nwage that was applicable to the Commonwealth of the Northern Mariana \nIslands for the preceding six-month period until the minimum wage \napplicable to the Commonwealth of the Northern Mariana Islands is equal \nto the minimum wage rate set forth in section 6(a)(1) of the Fair Labor \nStandards Act of 1938; and\n ``(3) after the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands is equal to the minimum wage rate set forth in \nsection 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to \nparagraph (2), the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands shall increase as necessary to remain equal to \nthe minimum wage rate set forth in section 6(a)(1) of the Fair Labor \nStandards Act of 1938.''; and\n (3) by adding, after the new sections added by paragraphs \n (1) and (2), the following new section:\n\n``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS.\n\n ``Section 506(a) of the foregoing Covenant shall be construed and \napplied as if it included at the end the following subsection:\n ```(e)(1) For purposes of entry into the Northern Mariana Islands \nby any individual (but not for purposes of entry by an individual into \nthe United States from the Northern Mariana Islands), the Immigration \nand Nationality Act shall apply as if the Northern Mariana Islands were \na State (as defined in section 101(a)(36) of the Immigration and \nNationality Act). The Attorney General, acting through the Commissioner \nof Immigration and Naturalization, shall enforce the preceding \nsentence.\n ```(2) Notwithstanding paragraph (1), with respect to an individual \nseeking entry into the Northern Mariana Islands for purposes of \nemployment in the textile, hotel, tourist, or construction industry \n(including employment as a contractor), the Federal statutes and \nregulations governing admission to Guam of individuals described in \nsection 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act \nshall apply. Such statutes and regulations shall be so applied by \nsubstituting the term ``United States citizen, national, or resident \nworkers'' for the term ``United States resident workers'', and by \nsubstituting the term ``the Northern Mariana Islands'' for the term \n``Guam'' each place it appears.\n ```(3) When deploying personnel to enforce the provisions of this \nsection, the Attorney General shall coordinate with, and act in \nconjunction with, State and local law enforcement agencies to ensure \nthat such deployment does not degrade or compromise the law enforcement \ncapabilities and functions currently performed by immigration \nofficers.'.''.\n\nSEC. 4. REPORT.\n\n (a) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of the Interior shall include the results of \nthe study required by subsection (b) in the annual report transmitted \nto Congress which is entitled ``Federal-CNMI Initiative on Labor, \nImmigration, and Law Enforcement''.\n (b) Study.--A study shall be conducted of the extent of human \nrights violations and labor rights violations in the Commonwealth of \nthe Northern Mariana Islands, including the use of forced or indentured \nlabor, and any efforts being taken by the government of the United \nStates or the Commonwealth of the Northern Mariana Island to address or \nprohibit such violations.\n (c) Consultation Regarding Study.--Appropriate local government \nofficials, law enforcement agencies, and non-governmental organizations \nactive in instituting and protecting human and labor rights may be \nconsulted when preparing and conducting the study required by \nsubsection (b).\n\nSEC. 5. EFFECT ON OTHER LAW.\n\n The provisions of paragraph (1) of section 3 shall be in addition \nto, but shall not otherwise modify, the requirements of the Textile \nFiber Products Identification Act (15 U.S.C. 70 et seq.).\n\nSEC. 6. EFFECTIVE DATES.\n\n (a) Labeling of Textile Fiber Products; Immigration of Workers.--\nThe amendment made by paragraph (1) of section 3 and the provision of \nthe amendment made by paragraph (3) of section 3 which is designated as \n``(e)(2)'' shall take effect on the date of the enactment of this Act.\n (b) Minimum Wage.--The amendment made by paragraph (2) of section 3 \nshall take effect 30 days after the date of the enactment of this Act.\n (c) Immigration.--Except as provided in subsection (a), the \namendment made by paragraph (3) of section 3 shall apply to individuals \nentering the Northern Mariana Islands after the expiration of the 6-\nmonth period beginning with the date of the enactment of this Act.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated such sums as may be \nnecessary to carry out the provisions of this Act.","summary":"Insular Fair Wage and Human Rights Act of 1997 - Amends Federal law to prohibit the affixation of the Made in the USA label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount. And (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. Applies to the Northern Mariana Islands: (1) the Immigration and Nationality Act. And (2) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938. Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, which shall be included in the Secretary of the Interior's annual Federal-CNMI Initiative on Labor Immigration, and Law Enforcement report to the Congress. Authorizes appropriations.","title":"Insular Fair Wage and Human Rights Act of 1997","text_len":7063,"sum_len":1208} {"bill_id":"103_hr941","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Soil and Water Protection Act of \n1992''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) farmers, ranchers, and foresters have a sound \n understanding of protecting the Nation's rich natural \n resources;\n (2) soil and water damage and contamination have occurred \n and may occur in the future;\n (3) energy shortages have occurred and may occur in the \n future;\n (4) farmers, ranchers, and foresters are energy driven \n enterprises in conjunction with substantial soil and water \n usage;\n (5) farmers, ranchers and foresters can substantially make \n more efficient energy expenditures using energy saving \n management techniques;\n (6) practices such as fertility management, conservation \n tillage, and integrated pest management will provide future \n generations the enjoyment of improved environmental conditions \n such as better ground and surface water quality and soil \n fertility;\n (7) saving and conserving energy will benefit the public \n land; and\n (8) Federal agricultural policies and programs influence \n sound energy conservation and environmental objectives.\n\nSEC. 3. FEDERAL ENERGY CONSERVATION PROGRAM.\n\n (a) Establishment.--The Secretary of Agriculture, acting through \nthe Soil Conservation Service, shall establish a Federal energy \nconservation program.\n (b) Criteria.--The Federal energy conservation program shall target \nand promote more efficient energy use in, and the conservation of \nenergy with respect to, tillage practices, chemical and fertilizer \nmanagement, irrigation management, livestock facility management, \nhorticulture, and wood utilization. The Secretary shall provide grants \nand technical and educational assistance for projects in eligible \nStates including (but not limited to) projects for--\n (1) demonstrating the advantages of conservation tillage \n practices that promote energy efficiency and conservation;\n (2) training, pest scouting, and soil sampling in order to \n promote education concerning prescription application of animal \n manures, fertilizers, lime, soil conditioners and pesticide \n usage;\n (3) improving the efficient use of irrigation systems to \n reduce energy consumption;\n (4) managing livestock facilities for energy conservation;\n (5) managing horticultural facilities for energy \n conservation; and\n (6) improving efficiency in utilization of wood, including \n milling of forest products and the use of wood for production \n of energy.\n\nSEC. 4. FEDERAL GRANTS.\n\n (a) In General.--The Secretary, through the Soil Conservation \nService, shall make grants to individuals or institutions that present \nto the Secretary an application and a plan for the energy conservation \nproject--\n (1) which was developed in consultation with an individual \n recognized by the Secretary to have expertise in energy \n conservation; and\n (2) that is within an eligible State which has an energy \n conservation program.\n (b) Advice From State Agriculture Energy Conservation Review \nPanel.--In making grants under this section, the Secretary shall take \ninto consideration the advice received from the State agriculture \nenergy conservation review panel pursuant to section 6(c)(2).\n (c) Limitations.--(1) Except as provided in paragraph (2), the \nFederal grant under this section for a project may not exceed $5,000.\n (2) In the case of a project in which a school, hospital, or other \nsimilar institution that is improving its energy efficiency by \nconverting its heating system to a wood burning system, the Federal \ngrant may not exceed $150,000.\n (3) Funds made available under this Act may not be used to pay for \nlabor costs associated with a project.\n (4) Grants for a project may not be made until after receipts have \nbeen provided to the Secretary for the actual cost incurred for the \nproject.\n\nSEC. 5. ALLOCATION AMONG ELIGIBLE STATES.\n\n The Secretary shall allocate funds made available to carry out this \nAct for a fiscal year to each State which is eligible for assistance. \nThe allocation among States shall be equitable, based on the following:\n (1) The number and size of farms.\n (2) The potential for energy conservation.\n (3) The number and size of forest industries.\n The Secretary may allocate up to 25 percent of the funds allocated \nto any State with substantial forest industry to forest energy \nconservation projects.\n\nSEC. 6. STATE PARTICIPATION AND ASSISTANCE.\n\n (a) Eligible State.--The Secretary may provide assistance under \nthis Act in a fiscal year for projects in a State which, before the \nbeginning of that fiscal year--\n (1) submits to the Secretary a plan describing in detail \n how the State will cooperate with the United States in carrying \n out this Act, including providing for--\n (A) encouragement to persons to participate in the \n energy conservation program;\n (B) criteria to be used for recommending projects \n to be funded by the program; and\n (C) individuals with expertise in energy efficiency \n to advise program participants on energy conservation \n matters; and\n (2) has established an agriculture energy conservation \n review panel in accordance with subsection (c).\n (b) Cost Share.--The State may offer assistance and services in \ncooperation with the Secretary to enhance energy conservation efforts \nunder this Act.\n (c) State Agriculture Energy Conservation Review Panel.--(1) An \neligible State, together with the United States, shall establish an \nenergy conservation review panel comprised of 6 members as follows:\n (A) The head of the State agricultural agency, or his \n designee.\n (B) The State forester or equivalent State official, or his \n designee.\n (C) The president of that State's Association of \n Conservation Districts, or his designee.\n (D) The State conservationist of the Soil Conservation \n Service for that State, or his designee.\n (E) The Cooperative Research Service Director for that \n State, or his designee.\n (F) The Cooperative Extension Director for the State, or \n his designee.\n (2) The State agriculture energy conservation review panel shall \nadvise and recommend to the Secretary those projects that meet the \nrequirements of this Act. In providing such advice and recommendations, \nthe panel shall review and evaluate each project using the criteria \nreferred to in subsection (a)(1)(B).\n\nSEC. 7. DEMONSTRATIONS, EDUCATION, AND TECHNICAL ASSISTANCE.\n\n (a) Agricultural Experiment Stations.--The Secretary shall \nestablish and maintain demonstrations of energy-saving and energy \nefficient practices at agricultural experiment stations that can be \nimplemented by agriculture procedures and the public.\n (b) Extension Service.--The Secretary, through the Extension \nService, shall disseminate informational and educational materials and \nconduct demonstrations and training sessions.\n (c) Technical and Material Assistance.--In carrying out the Federal \nenergy conservation program, the Secretary, acting through the Soil \nConservation Service, shall provide such technical and material \nassistance to participants as the Secretary determines appropriate.\n\nSEC. 8. REPORT.\n\n Not later than March 31, 1994 and annually thereafter, the \nSecretary shall submit a report to the Congress describing the results \nof the Federal energy conservation program. In particular, the report \nshall include--\n (1) the number and identification of States participating \n in the program;\n (2) a description of the projects for which grants were \n made pursuant to the program;\n (3) the energy efficiency practices performed and the \n estimated amount of conservation energy use as a result of the \n program; and\n (4) the number of States expected to participate in the \n program the next fiscal year.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated $150,000,000 for each of the \nfiscal years 1994 through 1996 to carry out this Act.","summary":"Soil and Water Protection Act of 1992 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation grant program.","title":"Soil and Water Protection Act of 1992","text_len":8649,"sum_len":174} {"bill_id":"109_hr743","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Holocaust \nAccountability in Insurance Measure''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) between 1933 and 1945, the Nazi regime and its \n collaborators conducted systematic, bureaucratic, and State-\n sponsored persecution and murder of approximately six million \n Jews--the genocidal act known as the Holocaust;\n (2) before and during World War II, millions of European \n Jews had purchased, in good faith, life insurance policies with \n certain European insurance companies because these policies \n were a popular form of savings and investment that provided a \n means of safeguarding a family's assets, assisting in \n retirement planning, providing for a dowry, or saving for the \n education of children;\n (3) after the Nazis came to power in Germany, they \n systematically confiscated the insurance assets, including the \n cash value of life insurance policies, of Jews and other \n designated enemies of the Nazi regime;\n (4) after the conclusion of World War II, European insurers \n often rejected insurance claims of Holocaust victims and heirs \n who lacked required documentation, such as death certificates;\n (5) during the 50 years since the end of the war, only a \n small percentage of Holocaust victims and their families have \n been successful in collecting on their policies;\n (6) in 1998, the International Commission on Holocaust Era \n Insurance Claims (ICHEIC) was established by U.S. State \n insurance regulators, European insurers, and certain \n nongovernmental organizations to act as a facilitator between \n insurers and beneficiaries to help expedite payouts on \n contested insurance policies;\n (7) to date ICHEIC has received over 90,000 claims and has \n only made 2,281 settlement offers, which amounts to less than a \n 3% success rate;\n (8) these insurance payments should be expedited to the \n victims of the most heinous crime of the 20th century to ensure \n that they do not become victims a second time;\n (9) States should be allowed to collect Holocaust-era \n insurance information from foreign-based insurance companies \n that want to do business in the State; and\n (10) Holocaust victims and their families should be able to \n recover claims on Holocaust era insurance policies in Federal \n court when they deem it necessary to seek redress through the \n judicial system.\n\nSEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS FOR CONDUCTING \n INSURANCE BUSINESS.\n\n (a) In General.--A State may establish requirements on insurers as \na condition of doing insurance business in that State, to the extent \nsuch requirements are consistent with the due process guarantees of the \nConstitution of the United States, as follows:\n (1) Information requirements.--The State may require that \n an insurer provide to the State the following information \n regarding Holocaust era insurance policies:\n (A) Whether the insurer, or any affiliate or \n predecessor company, sold any such policies.\n (B) The number of such policies sold by the \n insurer, and any affiliates and predecessor companies, \n and the number the insurer and its affiliates currently \n have in their possession.\n (C) The identity of the holder and beneficiary of \n each such policy sold or held and current status of \n each such policy.\n (D) The city of origin, domicile, and address for \n each policyholder listed.\n (E) If an insurer has no such policies to report \n because records are no longer in the possession of the \n insurer or its affiliates, a statement explaining the \n reasons for the lack of possession of such records.\n (F) Any other information regarding such policies \n as the State considers appropriate.\n (2) Requirements regarding payment of policies.--A State \n may require that an insurer certify that, with respect to any \n Holocaust era insurance policies sold or at any time held by \n the insurer--\n (A) the proceeds of the policy were paid;\n (B) the beneficiaries of the policy or heirs or \n such beneficiaries could not, after diligent search, be \n located, and the proceeds were distributed to Holocaust \n survivors or charities;\n (C) a court of law has certified a plan for the \n distribution of the proceeds; or\n (D) the proceeds have not been distributed.\n (b) Holocaust Era Insurance Policies.--For purposes of this \nsection, the term ``Holocaust era insurance policy'' means a policy for \ninsurance coverage that--\n (1) was in force at any time during the 26-year period \n beginning with 1920 and ending with 1945; and\n (2) has a policy beneficiary, policyholder, or insured life \n that is a listed Holocaust victim.\n\nSEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS.\n\n (a) Federal Cause of Action.--\n (1) In general.--There shall exist a Federal cause of \n action for any covered claim.\n (2) Statute of limitations.--Any action brought under \n paragraph (1) shall be filed not later than 10 years after the \n date of the enactment of this Act.\n (b) Subject Matter Jurisdiction.--The district courts shall have \noriginal jurisdiction of any civil action on a covered claim (whether \nbrought under subsection (a) or otherwise).\n (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4 \nof the Federal Rules of Civil Procedure to the contrary, in a civil \naction on a covered claim (whether brought under subsection (a) or \notherwise) commenced in a district where the defendant is not a \nresident--\n (1) the court may exercise jurisdiction over such defendant \n on any basis not inconsistent with the Constitution of the \n United States; and\n (2) service of process, summons, and subpoena may be made \n on such defendant in any manner not inconsistent with the \n Constitution of the United States.\n (d) Definitions.--For purposes of this section:\n (1) Covered claim.--The term ``covered claim'' means a \n claim against a covered foreign insurance company that arises \n out of the insurance coverage involved in an original request.\n (2) Original request.--The term ``original request'' means \n a request that--\n (A) seeks payment of any claim on insurance \n coverage that--\n (i) was provided by a covered foreign \n insurance company;\n (ii) had as the policyholder, insured, or \n beneficiary a listed Holocaust victim; and\n (iii) was in effect during any portion of \n the 13-year period beginning with 1933 and \n ending with 1945; and\n (B) was made by a listed Holocaust victim, or the \n heirs or beneficiaries of such victim, to the covered \n foreign insurance company or the International \n Commission on Holocaust Era Insurance Claims.\n (3) Covered foreign insurance company.--The term ``covered \n foreign insurance company'' means each of the following \n companies, and its affiliates and predecessor companies:\n (A) Assicurazioni Generali S.p.A.\n (B) Union Des Assurances de Paris.\n (C) Victoria Lebenversicherungs AG.\n (D) Winterthur Lebensversicherungs Gesellschaft.\n (E) Allianz Lebensversicherungs AG.\n (F) Wiener Allianz Versicherungs AG.\n (G) Riunione Adriatica di Sicurta.\n (H) Vereinte Lebensversicherungs AG.\n (I) Basler Lebens-Versicherungs Gesellschaft.\n (J) Deutscher Ring Lebensversicherungs AG.\n (K) Nordstern Lebensversicherungs AG.\n (L) Gerling Konzern Lebensversicherungs AG.\n (M) Manheimer Lebensversicherung AG.\n (N) Der Anker.\n (O) Allgemeine Versicherungs AG.\n (P) Zuerich Lebensversicherungs Gesellschaft.\n (Q) Any other foreign insurance company that the \n States or the Attorney General of the United States \n determines was in a position to have financial dealings \n with any individual who was a victim of the Holocaust.\n\nSEC. 5. LISTED HOLOCAUST VICTIMS.\n\n For purposes of this Act, the term ``listed Holocaust victim'' \nmeans the following individuals:\n (1) List of survivors.--Any individual whose name is on the \n list of Jewish Holocaust Survivors maintained by the United \n States Holocaust Memorial Museum in Washington, D.C.\n (2) List of deceased.--Any individual whose name is on the \n list of individuals who died in the Holocaust maintained by the \n Yad Veshem of Jerusalem in its Hall of Names.\n (3) Other lists.--Any individual whose name is on--\n (A) any list of Holocaust victims that is \n designated as appropriate for use under this Act by the \n chief executive officer of a State or a State insurance \n commissioner or other principal insurance regulatory \n authority of a State; or\n (B) any similar list, such as a list of the \n International Red Cross, the League of Red Cross \n Societies, the Supreme Headquarters of the Allied \n Expeditionary Forces, or other regularly accessed \n source of information regarding Holocaust victims.","summary":"Comprehensive Holocaust Accountability in Insurance Measure - Authorizes the States to establish information requirements on insurers as a condition of doing insurance business in the host State. Permits a State to require that an insurer provide specified information regarding Holocaust era insurance policies, including policies sold or held. Permits a State to require that an insurer certify that: (1) proceeds of the policy were paid. (2) the beneficiaries of the policy or heirs could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities. (3) a court of law has certified a plan for the distribution of the proceeds. Or (4) the proceeds have not been distributed. Establishes a Federal cause of action for any covered claim brought under this Act against one of several specified foreign insurance companies that arises out of the insurance coverage involved in an original request for payment made by a listed Holocaust victim or the heirs of beneficiaries of such victim. Requires an action brought under this Act to be filed not later than ten years after its enactment. Lists covered foreign insurance companies.","title":"To clarify the authority of States to establish conditions for insurers to conduct the business of insurance within a State based on provision of information regarding Holocaust era insurance policies of the insurer and to establish a Federal cause of action for claims for payment of such insurance policies, and for other purposes.","text_len":10497,"sum_len":1180} {"bill_id":"110_hr5848","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preparing Teachers for Digital Age \nLearners Act of 2008''.\n\nSEC. 2. TEACHER PREPARATION.\n\n Part B of title II of the Higher Education Act of 1965 (20 U.S.C. \n1041 et seq.) is amended to read as follows:\n\n ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS\n\n``SEC. 221. DEFINITIONS.\n\n ``For purposes of this part:\n ``(1) Arts and sciences.--The term `arts and sciences' \n means--\n ``(A) when referring to an organizational unit of \n an institution of higher education, any academic unit \n that offers 1 or more academic majors in disciplines or \n content areas corresponding to the academic subject \n matter areas in which teachers provide instruction; and\n ``(B) when referring to a specific academic subject \n area, the disciplines or content areas in which \n academic majors are offered by the arts and sciences \n organizational unit.\n ``(2) High-need school.--The term `high-need school' means \n a public elementary school or public secondary school that--\n ``(A) is among the highest 25 percent of schools \n served by the local educational agency that serves the \n school, in terms of the percentage of students from \n families with incomes below the poverty line; or\n ``(B) is designated with a school locale code of \n Rural: Fringe, Rural: Distant, or Rural: Remote, as \n determined by the Secretary.\n ``(3) Poverty line.--The term `poverty line' means the \n poverty line (as defined in section 673(2) of the Community \n Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a \n family of the size involved.\n ``(4) Professional development.--The term `professional \n development' has the meaning given the term in section 9101 of \n the Elementary and Secondary Education Act of 1965.\n\n``SEC. 222. PROGRAM AUTHORIZED.\n\n ``(a) Program Authority.--The Secretary is authorized to award \ngrants to, or enter into contracts or cooperative agreements with, \neligible consortia to pay the Federal share of the costs of projects \nto--\n ``(1) graduate teacher candidates who are prepared to use \n modern information, communication, and learning tools to--\n ``(A) improve student learning, assessment, and \n learning management; and\n ``(B) help students develop skills to succeed in \n higher education and enter the workforce; and\n ``(2) strengthen and develop partnerships among the \n stakeholders in teacher preparation to transform teacher \n education and ensure technology rich learning environments \n throughout a teacher candidate's pre-service education, \n including clinical experiences.\n ``(b) Amount and Duration.--A grant, contract, or cooperative \nagreement under this part--\n ``(1) shall be for not more than $2,000,000;\n ``(2) shall be for a 3-year period; and\n ``(3) may be renewed for one additional year.\n ``(c) Non-Federal Share Requirement.--The Federal share of the cost \nof any project funded under this part shall not exceed 75 percent. The \nnon-Federal share of the cost of such project may be provided in cash \nor in kind, fairly evaluated, including services.\n ``(d) Definition of Eligible Consortium.--In this part, the term \n`eligible consortium' means a consortium of members that includes the \nfollowing:\n ``(1) At least one institution of higher education that \n awards baccalaureate or masters degrees and prepares teachers \n for initial entry into teaching.\n ``(2) At least one State educational agency or local \n educational agency.\n ``(3) A department, school, or college of education at an \n institution of higher education.\n ``(4) A department, school, or college of arts and sciences \n at an institution of higher education.\n ``(5) At least one entity with the capacity to contribute \n to the technology-related reform of teacher preparation \n programs, which may be a professional association, foundation, \n museum, library, for-profit business, public or private \n nonprofit organization, community-based organization, or other \n entity.\n\n``SEC. 223. USES OF FUNDS.\n\n ``(a) In General.--An eligible consortium that receives a grant or \nenters into a contract or cooperative agreement under this part shall \nuse funds made available under this part to carry out a project that--\n ``(1) develops long-term partnerships among members of the \n consortium that are focused on effective teaching with modern \n digital tools and content that substantially connect pre-\n service preparation of teacher candidates with high-needs \n schools; or\n ``(2) transforms the way departments, schools, and colleges \n of education teach classroom technology integration, including \n the principles of universal design, to teacher candidates.\n ``(b) Uses of Funds for Partnership Grants.--In carrying out a \nproject under subsection (a)(1), an eligible consortium shall--\n ``(1) provide teacher candidates, early in their \n preparation, with field experiences in educational settings \n with technology;\n ``(2) build the skills of teacher candidates to support \n technology-rich instruction, assessment and learning management \n in content areas, technology literacy, an understanding of the \n principles of universal design, and the development of other \n skills for success in higher education and for entering the \n workforce;\n ``(3) provide professional development in the use of \n technology for teachers, administrators, and content \n specialists who participate in field placement;\n ``(4) provide professional development of technology \n pedagogical skills for faculty of departments, schools, and \n colleges of education and arts and sciences;\n ``(5) implement strategies for the mentoring of teacher \n candidates with respect to technology implementation by members \n of the consortium;\n ``(6) evaluate teacher candidates during the first years of \n teaching to fully assess outcomes of the project;\n ``(7) build collaborative learning communities for \n technology integration within the consortium to sustain \n meaningful applications of technology in the classroom during \n teacher preparation and early career practice; and\n ``(8) evaluate the effectiveness of the project.\n ``(c) Uses of Funds for Transformation Grants.--In carrying out a \nproject under subsection (a)(2), an eligible consortium shall--\n ``(1) redesign curriculum to require collaboration between \n the department, school, or college of education faculty and the \n department, school, or college of arts and sciences faculty who \n teach content or methods courses for training teacher \n candidates;\n ``(2) collaborate between the department, school, or \n college of education faculty and the department, school, or \n college of arts and science faculty and academic content \n specialists at the local educational agency to educate pre-\n service teachers who can integrate technology and pedagogical \n skills in content areas;\n ``(3) collaborate between the department, school, or \n college of education faculty and the department, school, or \n college of arts and sciences faculty who teach courses to pre-\n service teachers to--\n ``(A) develop and implement a plan for pre-service \n teachers and continuing educators that demonstrates \n effective instructional strategies and application of \n such strategies in the use of digital tools to \n transform the teaching and learning process; and\n ``(B) better reach underrepresented pre-service \n teacher populations with programs that connect such \n pre-service teacher populations with applications of \n technology;\n ``(4) collaborate among faculty and students to create and \n disseminate case studies of technology applications in \n classroom settings with a goal of improving student achievement \n in high-need schools;\n ``(5) provide additional technology resources for pre-\n service teachers to plan and implement technology applications \n in classroom settings that provide evidence of student \n learning; and\n ``(6) bring together expertise from departments, schools, \n or colleges of education, arts and science faculty, and \n academic content specialists at the local educational agency to \n share and disseminate technology applications in the classroom \n through teacher preparation and into early career practice.\n\n``SEC. 224. APPLICATION REQUIREMENTS.\n\n ``To be eligible to receive a grant or enter into a contract or \ncooperative agreement under this part, an eligible consortium shall \nsubmit an application to the Secretary at such time, in such manner, \nand containing such information as the Secretary may require. Such \napplication shall include the following:\n ``(1) A description of the project to be carried out with \n the grant, including how the project will--\n ``(A) develop a long-term partnership focused on \n effective teaching with modern digital tools and \n content that substantially connects pre-service \n preparation of teacher candidates with high-need \n schools; or\n ``(B) transform the way departments, schools, and \n colleges of education teach classroom technology \n integration, including the principles of universal \n design, to teacher candidates.\n ``(2) A demonstration of--\n ``(A) the commitment, including the financial \n commitment, of each of the members of the consortium \n for the proposed project; and\n ``(B) the support of the leadership of each \n organization that is a member of the consortium for the \n proposed project.\n ``(3) A description of how each member of the consortium \n will participate in the project.\n ``(4) A description of how the State or local educational \n agency will incorporate the project into the agency's \n technology plan, if such a plan already exists.\n ``(5) A description of how the project will be continued \n after Federal funds are no longer available under this part for \n the project.\n ``(6) A description of how the project will incorporate--\n ``(A) State teacher technology standards; and\n ``(B) State student technology standards.\n ``(7) A plan for the evaluation of the project, which shall \n include benchmarks to monitor progress toward specific project \n objectives.\n\n``SEC. 225. EVALUATION.\n\n ``Not less than 10 percent of the funds awarded to an eligible \nconsortium to carry out a project under this part shall be used to \nevaluate the effectiveness of such project.\n\n``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated $100,000,000 to carry out \nthis part for fiscal year 2009 and such sums as may be necessary for \neach of the 2 succeeding fiscal years.''.","summary":"Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools. Or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.","title":"To amend the Higher Education Act of 1965 to authorize a program to prepare teachers for digital age learners.","text_len":12123,"sum_len":930} {"bill_id":"113_hr3918","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Regional Innovation and \nEntrepreneurship Enhancement Act of 2014''.\n\nSEC. 2. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.\n\n Section 25 of the Stevenson-Wydler Technology Innovation Act of \n1980 (15 U.S.C. 3720) is amended to read as follows:\n\n``SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.\n\n ``(a) In General.--The Secretary shall establish an Office of \nInnovation and Entrepreneurship with a Director and full-time staff to \nfoster innovation and the commercialization of new technologies, \nproducts, processes, and services with the goal of promoting \nproductivity and economic growth in the United States.\n ``(b) Duties.--The Office of Innovation and Entrepreneurship shall \nbe responsible for--\n ``(1) developing policies to accelerate innovation and \n advance the commercialization of research and development, \n including federally funded research and development;\n ``(2) identifying existing barriers to innovation and \n commercialization, including access to capital and other \n resources, and ways to overcome those barriers, particularly in \n States participating in the Experimental Program to Stimulate \n Competitive Research;\n ``(3) providing access to relevant data, research, and \n technical assistance on innovation and commercialization, \n including best practices for university-based incubators and \n accelerators;\n ``(4) overseeing the implementation of the loan guarantee \n programs and the Regional Innovation Program established under \n sections 26 and 27, respectively;\n ``(5) developing, within 180 days after the date of \n enactment of the Regional Innovation and Entrepreneurship \n Enhancement Act of 2014, and updating at least every 5 years, a \n strategic plan to guide the activities of the Office of \n Innovation and Entrepreneurship that shall--\n ``(A) specify and prioritize near-term and long-\n term goals, objectives, and policies to accelerate \n innovation and advance the commercialization of \n research and development, including federally funded \n research and development, set forth the anticipated \n time for achieving the objectives, and identify metrics \n for use in assessing progress toward such objectives;\n ``(B) describe how the Department of Commerce is \n working in conjunction with other Federal agencies to \n foster innovation and commercialization across the \n United States; and\n ``(C) provide a summary of the activities, \n including the development of metrics to evaluate \n regional innovation strategies undertaken through the \n Regional Innovation Research and Information Program \n established under section 27(c);\n ``(6) strengthening collaboration on and coordination of \n policies relating to innovation and commercialization, \n including those focused on the needs of small businesses and \n rural communities, within the Department of Commerce, between \n the Department of Commerce and other Federal agencies, and \n between the Department of Commerce and appropriate State \n government agencies and institutions, as appropriate; and\n ``(7) any other duties as determined by the Secretary.\n ``(c) Advisory Committee.--\n ``(1) Establishment.--The Secretary shall establish or \n designate an advisory committee, which shall meet at least \n twice each fiscal year, to provide advice to the Secretary on \n carrying out the duties and responsibilities of the Office of \n Innovation and Entrepreneurship.\n ``(2) Report to congress.--The advisory committee shall \n prepare a report, to be submitted to the Committee on Science, \n Space, and Technology of the House of Representatives and the \n Committee on Commerce, Science, and Transportation of the \n Senate every 3 years. The first report shall be submitted not \n later than 1 year after the date of enactment of the Regional \n Innovation and Entrepreneurship Enhancement Act of 2014 and \n shall include--\n ``(A) an assessment of the strategic plan developed \n under subsection (b)(5) and the progress made in \n implementing the plan and the duties of the Office of \n Innovation and Entrepreneurship;\n ``(B) an assessment of how the Office of Innovation \n and Entrepreneurship is working with other Federal \n agencies to meet the goals and duties of the office; \n and\n ``(C) any recommendations for how the Office of \n Innovation and Entrepreneurship could be improved.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary $5,000,000 for each of fiscal years 2014 \nthrough 2018 to carry out this section.''.\n\nSEC. 3. REGIONAL INNOVATION PROGRAM.\n\n Section 27 of the Stevenson-Wydler Technology Innovation Act of \n1980 (15 U.S.C. 3722) is amended to read as follows:\n\n``SEC. 27. REGIONAL INNOVATION PROGRAM.\n\n ``(a) Establishment.--The Secretary shall establish a regional \ninnovation program to encourage and support the development of regional \ninnovation strategies, including regional innovation clusters.\n ``(b) Cluster Grants.--\n ``(1) In general.--As part of the program established under \n subsection (a), the Secretary may award grants on a competitive \n basis to eligible recipients for activities relating to the \n formation and development of regional innovation clusters.\n ``(2) Permissible activities.--Grants awarded under this \n subsection may be used for activities determined appropriate by \n the Secretary, including the following:\n ``(A) Feasibility studies.\n ``(B) Planning activities.\n ``(C) Technical assistance.\n ``(D) Developing or strengthening communication and \n collaboration between and among participants of a \n regional innovation cluster.\n ``(E) Attracting additional participants to a \n regional innovation cluster.\n ``(F) Facilitating market development of products \n and services developed by a regional innovation \n cluster, including through demonstration, deployment, \n technology transfer, and commercialization activities.\n ``(G) Developing relationships between a regional \n innovation cluster and entities or clusters in other \n regions.\n ``(H) Interacting with the public and State and \n local governments to meet the goals of the cluster.\n ``(3) Eligible recipient defined.--In this subsection, the \n term `eligible recipient' means--\n ``(A) a State;\n ``(B) an Indian tribe;\n ``(C) a city or other political subdivision of a \n State;\n ``(D) an entity that--\n ``(i) is a nonprofit organization, an \n institution of higher education, a public-\n private partnership, a science or research \n park, a Federal laboratory, or an economic \n development organization or similar entity; and\n ``(ii) has an application that is supported \n by a State or a political subdivision of a \n State; or\n ``(E) a consortium of any of the entities described \n in subparagraphs (A) through (D).\n ``(4) Application.--\n ``(A) In general.--An eligible recipient shall \n submit an application to the Secretary at such time, in \n such manner, and containing such information and \n assurances as the Secretary may require.\n ``(B) Components.--The application shall include, \n at a minimum, a description of the regional innovation \n cluster supported by the proposed activity, including a \n description of--\n ``(i) whether the regional innovation \n cluster is supported by the private sector, \n State and local governments, and other relevant \n stakeholders;\n ``(ii) how the existing participants in the \n regional innovation cluster will encourage and \n solicit participation by all types of entities \n that might benefit from participation, \n including newly formed entities and those rival \n existing participants;\n ``(iii) the extent to which the regional \n innovation cluster is likely to stimulate \n innovation and have a positive impact on \n regional economic growth and development;\n ``(iv) whether the participants in the \n regional innovation cluster have access to, or \n contribute to, a well-trained workforce;\n ``(v) whether the participants in the \n regional innovation cluster are capable of \n attracting additional funds from non-Federal \n sources; and\n ``(vi) the likelihood that the participants \n in the regional innovation cluster will be able \n to sustain activities once grant funds under \n this subsection have been expended.\n ``(C) Special consideration.--The Secretary shall \n give special consideration to applications from regions \n that contain communities negatively impacted by trade.\n ``(5) Special consideration.--The Secretary shall give \n special consideration to an eligible recipient who agrees to \n collaborate with local workforce investment area boards.\n ``(6) Cost share.--The Secretary may not provide more than \n 50 percent of the total cost of any activity funded under this \n subsection.\n ``(7) Outreach to rural communities.--The Secretary shall \n conduct outreach to public and private sector entities in rural \n communities to encourage those entities to participate in \n regional innovation cluster activities under this subsection.\n ``(8) Funding.--The Secretary may accept funds from other \n Federal agencies to support grants and activities under this \n subsection.\n ``(c) Regional Innovation Research and Information Program.--\n ``(1) In general.--As part of the program established under \n subsection (a), the Secretary shall establish a regional \n innovation research and information program--\n ``(A) to gather, analyze, and disseminate \n information on best practices for regional innovation \n strategies (including regional innovation clusters), \n including information relating to how innovation, \n productivity, and economic development can be maximized \n through such strategies;\n ``(B) to provide technical assistance, including \n through the development of technical assistance guides, \n for the development and implementation of regional \n innovation strategies (including regional innovation \n clusters);\n ``(C) to support the development of relevant \n metrics and measurement standards to evaluate regional \n innovation strategies (including regional innovation \n clusters), including the extent to which such \n strategies stimulate innovation, productivity, and \n economic development; and\n ``(D) to collect and make available data on \n regional innovation cluster activity in the United \n States, including data on--\n ``(i) the size, specialization, and \n competitiveness of regional innovation \n clusters;\n ``(ii) the regional domestic product \n contribution, total jobs and earnings by key \n occupations, establishment size, nature of \n specialization, patents, Federal research and \n development spending, and other relevant \n information for regional innovation clusters; \n and\n ``(iii) supply chain product and service \n flows within and between regional innovation \n clusters.\n ``(2) Research grants.--The Secretary may award research \n grants on a competitive basis to support and further the goals \n of the program established under this subsection.\n ``(3) Dissemination of information.--Data and analysis \n compiled by the Secretary under the program established in this \n subsection shall be made available to other Federal agencies, \n State and local governments, and nonprofit and for-profit \n entities.\n ``(4) Regional innovation grant program.--The Secretary \n shall incorporate data and analysis relating to any grant under \n subsection (b) into the program established under this \n subsection.\n ``(d) Interagency Coordination.--\n ``(1) In general.--To the maximum extent practicable, the \n Secretary shall ensure that the activities carried out under \n this section are coordinated with, and do not duplicate the \n efforts of, other programs at the Department of Commerce or \n other Federal agencies.\n ``(2) Collaboration.--\n ``(A) In general.--The Secretary shall explore and \n pursue collaboration with other Federal agencies, \n including through multiagency funding opportunities, on \n regional innovation strategies.\n ``(B) Small businesses.--The Secretary shall ensure \n that such collaboration with Federal agencies \n prioritizes the needs and challenges of small \n businesses.\n ``(e) Evaluation.--\n ``(1) In general.--Not later than 3 years after the date of \n enactment of the America COMPETES Reauthorization Act of 2010, \n the Secretary shall enter into a contract with an independent \n entity, such as the National Academy of Sciences, to conduct an \n evaluation of the program established under subsection (a).\n ``(2) Requirements.--The evaluation shall include--\n ``(A) whether the program is achieving its goals;\n ``(B) any recommendations for how the program may \n be improved; and\n ``(C) a recommendation as to whether the program \n should be continued or terminated.\n ``(f) Definitions.--In this section:\n ``(1) Regional innovation cluster.--The term `regional \n innovation cluster' means a geographically bounded network of \n similar, synergistic, or complementary entities that--\n ``(A) are engaged in or with a particular industry \n sector;\n ``(B) have active channels for business \n transactions and communication;\n ``(C) share specialized infrastructure, labor \n markets, and services; and\n ``(D) leverage the region's unique competitive \n strengths to stimulate innovation and create jobs.\n ``(2) State.--The term `State' means one of the several \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, the Virgin Islands, Guam, American Samoa, the \n Commonwealth of the Northern Mariana Islands, or any other \n territory or possession of the United States.\n ``(g) Authorization of Appropriations.--There are authorized to be \nappropriated $100,000,000 for each of fiscal years 2014 through 2018 to \ncarry out this section.''.","summary":"Regional Innovation and Entrepreneurship Enhancement Act of 2014 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) expand the duties and reporting requirements of the Office of Innovation and Entrepreneurship, including by requiring the development of a strategic plan to guide the activities of the Office, (2) authorize appropriations for such Office for FY2014-FY2018. And (3) modify the Regional Innovation Program established by such Act to eliminate provisions relating to science and research parks and require outreach to public and private sector entities in rural communities to encourage participation in Program activities.","title":"Regional Innovation and Entrepreneurship Enhancement Act of 2014","text_len":17195,"sum_len":657} {"bill_id":"115_s513","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Frank and Jeanne Moore Wild \nSteelhead Special Management Area Designation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Frank Moore has committed his life to family, friends, \n his country, and fly fishing;\n (2) Frank Moore is a World War II veteran who stormed the \n beaches of Normandy along with 150,000 troops during the D-Day \n Allied invasion and was awarded the Chevalier of the French \n Legion of Honor for his bravery;\n (3) Frank Moore returned home after the war, started a \n family, and pursued his passion of fishing on the winding \n rivers in Oregon;\n (4) as the proprietor of the Steamboat Inn along the North \n Umpqua River in Oregon for nearly 20 years, Frank Moore, along \n with his wife Jeanne, shared his love of fishing, the flowing \n river, and the great outdoors, with visitors from all over the \n United States and the world;\n (5) Frank Moore has spent most of his life fishing the vast \n rivers of Oregon, during which time he has contributed \n significantly to efforts to conserve fish habitats and protect \n river health, including serving on the State of Oregon Fish and \n Wildlife Commission;\n (6) Frank Moore has been recognized for his conservation \n work with the National Wildlife Federation Conservationist of \n the Year award, the Wild Steelhead Coalition Conservation \n Award, and his 2010 induction into the Fresh Water Fishing Hall \n of Fame; and\n (7) in honor of the many accomplishments of Frank Moore, \n both on and off the river, approximately 99,653 acres of Forest \n Service land in the State of Oregon should be designated as the \n ``Frank and Jeanne Moore Wild Steelhead Special Management \n Area''.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Map.--The term ``Map'' means the map entitled ``Frank \n Moore Wild Steelhead Special Management Area Designation Act'' \n and dated June 23, 2016.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture, acting through the Chief of the Forest Service.\n (3) Special management area.--The term ``Special Management \n Area'' means the Frank and Jeanne Moore Wild Steelhead Special \n Management Area designated by section 4(a).\n (4) State.--The term ``State'' means the State of Oregon.\n\nSEC. 4. FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, \n OREGON.\n\n (a) Designation.--The approximately 99,653 acres of Forest Service \nland in the State, as generally depicted on the Map, is designated as \nthe ``Frank and Jeanne Moore Wild Steelhead Special Management Area''.\n (b) Map; Legal Description.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary shall prepare a map and \n legal description of the Special Management Area.\n (2) Force of law.--The map and legal description prepared \n under paragraph (1) shall have the same force and effect as if \n included in this Act, except that the Secretary may correct \n clerical and typographical errors in the map and legal \n description.\n (3) Availability.--The map and legal description prepared \n under paragraph (1) shall be on file and available for public \n inspection in the appropriate offices of the Forest Service.\n (c) Administration.--Subject to valid existing rights, the Special \nManagement Area shall be administered by the Secretary--\n (1) in accordance with all laws (including regulations) \n applicable to the National Forest System; and\n (2) in a manner that--\n (A) conserves and enhances the natural character, \n scientific use, and the botanical, recreational, \n ecological, fish and wildlife, scenic, drinking water, \n and cultural values of the Special Management Area;\n (B) maintains and seeks to enhance the wild \n salmonid habitat of the Special Management Area;\n (C) maintains or enhances the watershed as a \n thermal refuge for wild salmonids; and\n (D) preserves opportunities for recreation, \n including primitive recreation.\n (d) Fish and Wildlife.--Nothing in this section affects the \njurisdiction or responsibilities of the State with respect to fish and \nwildlife in the State.\n (e) Adjacent Management.--Nothing in this section--\n (1) creates any protective perimeter or buffer zone around \n the Special Management Area; or\n (2) modifies the applicable travel management plan for the \n Special Management Area.\n (f) Wildfire Management.--Nothing in this section prohibits the \nSecretary, in cooperation with other Federal, State, and local \nagencies, as appropriate, from conducting wildland fire operations in \nthe Special Management Area, consistent with the purposes of this Act, \nincluding the use of aircraft, machinery, mechanized equipment, fire \nbreaks, backfires, and retardant.\n (g) Vegetation Management.--Nothing in this section prohibits the \nSecretary from conducting vegetation management projects within the \nSpecial Management Area in a manner consistent with--\n (1) the purposes described in subsection (c); and\n (2) the applicable forest plan.\n (h) Protection of Tribal Rights.--Nothing in this section \ndiminishes any treaty rights of an Indian tribe.\n (i) Withdrawal.--Subject to valid existing rights, the Federal land \nwithin the boundaries of the Special Management Area river segments \ndesignated by subsection (a) is withdrawn from all forms of--\n (1) entry, appropriation, or disposal under the public land \n laws;\n (2) location, entry, and patent under the mining laws; and\n (3) disposition under all laws relating to mineral and \n geothermal leasing or mineral materials.\n ","summary":"Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act This bill designates approximately 99,653 acres of Forest Service land in Oregon as the quot, Frank and Jeanne Moore Wild Steelhead Special Management Area. quot. The special management area shall be administered by the Forest Service to: conserve and enhance the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the special management area. Maintain and seek to enhance the wild salmonid habitat of the special management area. Maintain or enhance the watershed as a thermal refuge for wild salmonids. And preserve opportunities for recreation, including primitive recreation. The bill withdraws the federal land within the boundaries of the special management area's river segments from: entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws. And disposition under all laws relating to mineral and geothermal leasing or mineral materials.","title":"Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act","text_len":6856,"sum_len":1073} {"bill_id":"107_hr1573","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Protection and Tax \nRelief Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Working people are subject to social security taxes as \n well as income taxes, and for over 90 percent of the population \n the combined tax on earned income is higher than the income tax \n rates of 15 percent and 28 percent that apply to unearned \n income.\n (2) There is no logical reason why social security taxes \n should be imposed only on earnings and not on unearned income \n (such as dividends, interest, rent income, and capital gains).\n\nSEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.\n\n (a) In General.--Subchapter A of chapter 1 of the Internal Revenue \nCode of 1986 (relating to determination of tax liability) is amended by \nadding at the end the following new part:\n\n ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME\n\n ``Sec. 59B. Social security tax on \n certain unearned income.\n\n``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.\n\n ``(a) Imposition of Tax.--In the case of an individual, there is \nhereby imposed (in addition to any other tax imposed by this subtitle) \nfor each taxable year a tax equal to 12 percent of such individual's \nsocial security taxable income for such taxable year.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Social security taxable income.--The term `social \n security taxable income' means adjusted gross income reduced by \n the greater of--\n ``(A) the sum of--\n ``(i) the standard deduction applicable to \n the taxpayer (or which would be applicable if \n the taxpayer did not elect to itemize \n deductions for the taxable year), and\n ``(ii) the deduction for personal \n exemptions under section 151 (determined \n without regard to subsection (d)(3) thereof), \n or\n ``(B) the aggregate exempt income of the taxpayer \n for the taxable year.\n ``(2) Exempt income.--The term `exempt income' means the \n following amounts to the extent included in gross income:\n ``(A) Amounts received as a pension or annuity from \n a qualified plan (as defined in section 4980(c)(1)).\n ``(B) Amounts received as a social security benefit \n (as defined in section 86(d)).\n ``(C) Amounts received as earned income (within the \n meaning of section 911(d)).\n ``(c) Credits Not Allowed, Etc.--The tax imposed by this section \nshall not be treated as a tax imposed by this chapter for purposes of \ndetermining--\n ``(1) the amount of any credit allowable under this \n chapter, or\n ``(2) the amount of the minimum tax imposed by section \n 55.''.\n (b) Clerical Amendment.--The table of parts for subchapter A of \nchapter 1 of such Code is amended by adding at the end the following \nnew item:\n\n ``Part VIII. Social security tax on \n certain unearned income.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n (d) Transfers to Trust Funds.--\n (1) In general.--There are hereby appropriated to the payor \n funds amounts equivalent to the tax imposed by section 59B of \n such Code (as added by this section). The Secretary of the \n Treasury shall make appropriate allocations of revenue received \n in the general fund of the Treasury to each payor fund.\n (2) Transfers.--The amounts appropriated by paragraph (1) \n to any payor fund shall be transferred from time to time (but \n not less frequently than quarterly) from the general fund of \n the Treasury on the basis of estimates made by the Secretary of \n the Treasury of the amounts referred to in such paragraph. Any \n such quarterly payment shall be made on the first day of such \n quarter and shall take into account revenue estimated to be \n received during such quarter. Proper adjustments shall be made \n in amounts subsequently transferred to the extent prior \n estimates were in excess of or less than the amounts required \n to be transferred.\n (3) Definitions.--For purposes of this subsection--\n (A) Payor fund.--The term ``payor fund'' means any \n trust fund or account from which payments of social \n security benefits are made.\n (B) Social security benefits.--The term ``social \n security benefits'' has the meaning given such term by \n section 86(d) of the Internal Revenue Code of 1986.\n\nSEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES.\n\n (a) Decrease in Rate of OASDI Tax on Employees.--The table in \nsection 3101(a) of the Internal Revenue Code of 1986 is amended by \nstriking the last item and inserting the following:\n\n ``1990 or any year before 2002................ 6.2 percent \n ``2002 or thereafter.......................... 4.95 percent.'' \n\n (b) Decrease in Rate of OASDI Tax on Employers.--The table in \nsection 3111(a) of such Code is amended by striking the last item and \ninserting the following:\n\n ``1990 or any year before 2002................ 6.2 percent \n ``2002 or thereafter.......................... 4.95 percent.'' \n\n (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The \ntable in section 1401(a) of such Code is amended by striking the last \nitem and inserting the following:\n \n\n``December 31, 1989................. January 1, 2002........ 12.4\n``December 31, 2001................. ....................... 9.9.''","summary":"Social Security Protection and Tax Relief Act of 2001 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's social security taxable income. Defines such income as adjusted gross income reduced by the greater of: (1) the sum of the standard deduction applicable to the taxpayer and the deduction for personal exemptions. Or (2) the aggregate exempt income of the taxpayer for the taxable year. Defines such exempt income as amounts received as a pension or annuity, social security benefits, and earned income. Decreases the old age, survivors, and disability income tax rates.","title":"To amend the Internal Revenue Code of 1986 to provide more revenue for the Social Security system by imposing a tax on certain unearned income and to provide tax relief for more than 80,000,000 individuals and families who pay more in Social Security taxes than income taxes by reducing the rate of the old age, survivors, and disability insurance Social Security payroll tax.","text_len":6170,"sum_len":603} {"bill_id":"109_hr5265","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Hazard Assessment and \nMitigation Program Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The earthquake and resulting tsunami of December 26, \n 2004, resulted in the deaths of over 230,000 people in \n Southeast Asia.\n (2) The geological fault line along which the December 26th \n tsunami occurred is mirrored by a fault line that runs along \n the whole of the west coast of the United States.\n (3) Scientists predict that there is a 10 to 15 percent \n chance of a major seismic event along this fault line, the \n Cascadia Subduction Zone, occurring in the next 50 years.\n (4) Such an event would probably include both a large-scale \n earthquake and a tsunami, causing incredible damage to both \n infrastructure and emergency response services.\n (5) Numerous false alarms in the past year have \n demonstrated that many coastal communities are not prepared if \n such a geological event takes place.\n\nSEC. 3. PURPOSE AND GOALS.\n\n (a) Purpose.--The purpose of the Community Hazard Assessment and \nMitigation Program (CHAMP) is to award one-year grants directly to \nemergency management departments to build and maintain infrastructure \nto warn people of an approaching tsunami and to address post-tsunami \nneeds.\n (b) Goals.--The primary goal of this Act is to provide assistance \nto meet the needs of emergency management departments regarding tsunami \nhazard preparedness, mitigation, and response. In part, the program \nseeks to support departments that lack the tools and resources \nnecessary to protect the health and safety of the public and emergency \nresponse personnel with respect to a tsunami and its aftermath. In \naddition, any improvement in warning systems for the coastal \ncommunities will improve all hazard capabilities.\n\nSEC. 4. GRANT PROGRAM.\n\n (a) Grant Authorization.--The Secretary of Homeland Security, \nacting through the Director of the Federal Emergency Management \nAdministration, may provide grants in accordance with this Act to \ncertain areas to prepare for a tsunami.\n (b) Priority.--The Director shall give priority to areas in which \nthe likelihood of a tsunami striking in the next 50 years is 10 percent \nor greater.\n (c) Competitive Awards.--In addition to the priority given pursuant \nto subsection (b), the Director shall award a grant under this Act to \nemergency management departments on a competitive basis considering \nfinancial need, benefit to the community and a demonstrated ability to \ncooperate with other providers of emergency services.\n\nSEC. 5. USE OF FUNDS.\n\n An emergency management department that receives a grant under this \nAct may use grant funds--\n (1) to establish or improve warning systems, including the \n purchase of--\n (A) sirens;\n (B) individual weather radios;\n (C) public safety agency communications gear; and\n (D) reverse 911 systems;\n (2) to purchase public safety agency rescue equipment;\n (3) to reinforce buildings and facilities in maintaining \n continuity of critical services, including--\n (A) police stations;\n (B) fire stations;\n (C) emergency management facilities;\n (D) hospitals;\n (E) shelters; and\n (F) endangered sewer sanitation systems;\n (4) post-tsunami shelters and supplies; and\n (5) to develop outreach programs to educate both residents \n and tourists of different types of tsunami (near shore and far \n field) and how to react to each type.\n\nSEC. 6. MATCHING FUNDS.\n\n (a) Population of More Than 50,000.--To be eligible to receive a \ngrant under this Act, an emergency management department serving an \narea with a population over 50,000 shall provide, with non-Federal \nfunds, 20 percent of the total cost of a project established with a \ngrant provided under this Act.\n (b) Population Between 20,001 and 50,000.--To be eligible to \nreceive a grant under this Act, an emergency management department \nserving an area with a population between 20,001 and 50,000 shall \nprovide, with non-Federal funds, 10 percent of the total cost of a \nproject established with a grant provided under this Act.\n (c) Population Under 20,000.--To be eligible to receive a grant \nunder this Act, an emergency management department serving an area with \na population under 20,000 shall provide, with non-Federal funds, 5 \npercent of the total cost of a project established with a grant \nprovided under this Act.\n (d) In-Kind Contributions.--In determining the non-Federal share of \nthe total costs of a project, the Secretary shall consider in-kind \ncontributions of an emergency management department, not to exceed 50 \npercent of the amount that the department contributes in non-Federal \nfunds.\n\nSEC. 7. EVALUATION AND REPORT.\n\n (a) Evaluation.--Not later than 180 days after grants are awarded \nunder this Act, the Director shall determine if emergency management \ndepartments that received a grant under this section meet the standards \nfor certification by the National Oceanic and Atmospheric \nAdministration as being tsunami ready and evaluate the effectiveness \nand tsunami readiness of programs established pursuant to this Act.\n (b) Report.--Not later than 90 days after the evaluation is \ncompleted under subsection (a), the Director shall report such findings \nto the appropriate Committees of Congress.\n\nSEC. 8. DEFINITIONS.\n\n (a) Director.--The term ``Director'' means the Director of the \nFederal Emergency Management Administration.\n (b) Emergency Management Department.--The term ``emergency \nmanagement department'' means an agency or organization that is part \nof, or has a formally recognized arrangement with, a State, territory, \nlocal, or tribal authority (city, county, parish, fire district, \ntownship, town, or other governing body) and is responsible for \nplanning, preparing, and providing for the prevention, mitigation, and \nmanagement of emergencies or disasters that present a threat to the \nlives and property of the citizens and visitors of the community.\n (c) State.--The term ``State'' means each of the 50 States and the \nDistrict of Columbia, the Commonwealth of the Northern Mariana Islands, \nthe United States Virgin Islands, Guam, American Samoa, and Puerto \nRico.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated \n$100,000,000 for each of fiscal years 2007 through 2012 to the \nSecretary of the Department of Homeland Security to carry out the \nactivities of this Community hazard Assessment and Mitigation Program.\n (b) Reservation.--From the amount made available to carry out this \nAct, the Director may reserve 5 percent for administrative costs.\n (c) Availability.--Such funds shall remain available until \nexpended.","summary":"Community Hazard Assessment and Mitigation Program Act - Authorizes the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Administration (FEMA), to provide grants to certain areas to prepare for a tsunami. Requires the Director to: (1) give priority to areas in which the likelihood of a tsunami striking in the next 50 years is 10 or greater. And (2) award grants to state, territory, local, or tribal emergency management departments on a competitive basis considering financial need, benefit to the community, and a demonstrated ability to cooperate with other emergency services providers. Authorizes the use of grant funds to: (1) establish or improve warning systems, (2) purchase public safety agency rescue equipment. (3) reinforce buildings and facilities in maintaining continuity of critical services, (4) provide post-tsunami shelters and supplies. And (5) develop outreach programs to educate residents and tourists about different types of tsunamis and how to react to each type. Sets forth matching fund requirements, based on population. Requires the Director to: (1) determine if grant recipients meet National Oceanic and Atmospheric Administration (NOAA) certification standards. And (2) evaluate the effectiveness and tsunami readiness of programs established pursuant to his Act.","title":"To provide grants to certain areas to prepare for a tsunami.","text_len":7131,"sum_len":1346} {"bill_id":"115_hr4561","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Security Assessment Feasibility for \nEquipment Testing and Evaluation of Capabilities for our Homeland Act'' \nor the ``SAFE TECH Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administration.--The term ``Administration'' means the \n Transportation Security Administration.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of the Transportation Security Administration.\n\nSEC. 3. THIRD PARTY TESTING OF SECURITY SCREENING TECHNOLOGY.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Administrator, in consultation with the \nUnder Secretary for Science and Technology of the Department of \nHomeland Security, shall develop a program to enable a vendor of \ntransportation security screening technology to obtain testing, \nincluding as an alternative to the Administration's testing process \nunder paragraph (9) of section 114(f) of title 49, United States Code, \nby an appropriate third party, as determined by the Administrator, in \nconsultation with the Under Secretary, of such technology before \nprocurement or development of such technology.\n (b) Detection Testing.--\n (1) In general.--The third party testing program authorized \n under subsection (a) shall include detection testing to \n evaluate the performance of a security screening technology \n relating to the probability of detection, the probability of \n false alarm, and other indicators that such technology is able \n to meet the Administration's mission needs for detection of--\n (A) explosives; and\n (B) prohibited items.\n (2) Coordination with final processes.--To the extent \n practicable, and without compromising the integrity of the \n Administration's testing process under paragraph (9) of section \n 114(f) of title 49, United States Code, or the Department of \n Homeland Security's oversight of such testing process, or \n increasing costs to the Administration, the Administrator shall \n coordinate the third party detection testing under paragraph \n (1) with any associated subsequent final Department of Homeland \n Security testing.\n (3) International partnerships.--To the extent practicable \n and permissible under law, and in accordance with national \n security interests of the United States, the Administrator \n shall--\n (A) share with appropriate international partners \n detection testing information and standards; and\n (B) coordinate with such appropriate international \n partners to align such testing information and \n standards to maximize the capability to detect \n explosives and other threats.\n (c) Alternative Testing Factors.--Third party testing under \nsubsection (a) may include as an alternative, at the discretion of the \nAdministrator, the testing at the TSA Systems Integration Facility of \nthe Administration, including testing for--\n (1) health and safety factors;\n (2) operator interface;\n (3) human factors;\n (4) environmental factors;\n (5) throughput;\n (6) reliability, maintainability, and availability factors; \n and\n (7) interoperability.\n (d) Testing Framework.--The Administrator, in consultation with the \nUnder Secretary for Science and Technology of the Department of \nHomeland Security, shall--\n (1) establish a framework for the third party testing under \n this section to determine if the security screening technology \n that is the subject of such testing satisfies the \n Administration's requirements before such technology may enter \n or re-enter, as applicable, operational testing at an airport \n or other transportation facility; and\n (2) use phased implementation to allow the Administration \n and the third party concerned to establish best practices.\n (e) Prioritization of Third Party Testing.--The Administrator may \nprioritize, when appropriate, the field testing of security screening \ntechnology and equipment by third parties.\n (f) Eligible Entities.--\n (1) United states ownership.--An entity providing third \n party testing under the program developed pursuant to \n subsection (a) shall be owned and controlled by a citizen of \n the United States.\n (2) Waiver.--The Administrator may waive the requirement \n specified in paragraph (1) with respect to an entity that is a \n United States subsidiary of a parent company that has \n implemented a foreign ownership, control, or influence \n mitigation plan that has been approved by the Defense Security \n Service of the Department of Defense prior to seeking to engage \n in third party testing. The Administrator has complete \n discretion to reject any proposal from a company to provide \n testing under subsection (a) that requires a waiver under this \n paragraph.\n (3) Conflicts of interest.--The Administrator shall ensure, \n to the extent possible, that an entity providing third party \n testing under this section does not have a contractual, \n business, or other pecuniary interest (exclusive of any such \n testing) in--\n (A) the security screening technology subject to \n such testing; or the\n (B) vendor of such technology.\n\nSEC. 4. RECIPROCAL RECOGNITION OF SECURITY STANDARDS.\n\n (a) In General.--The Administrator, in coordination with the \nEuropean Civil Aviation Conference, shall continue development of a \nvalidation process for the reciprocal recognition of security \nvalidation processes for recognition of security screening technologies \nor certification authorities for deployment.\n (b) Requirement.--The validation process under subsection (a) shall \nensure that the certification process of each participating \ninternational security partner or recognized certification authority \ncomplies with Administration standards.\n\nSEC. 5. GAO REVIEW.\n\n Not later than 2 years after the date of the enactment of this Act, \nthe Comptroller General of the United States shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Commerce, Science, and Transportation of the Senate a \nstudy on the third party testing program developed under this Act. Such \nstudy shall include a review of the following:\n (1) Any efficiencies or gains in effectiveness achieved in \n the Administration's operations as a result of such program.\n (2) The degree to which the Administration conducts timely \n and regular oversight of entities engaged in such testing.\n (3) The effect of such program on the following:\n (A) The introduction of innovative detection \n technologies into security screening operations.\n (B) The availability of testing for technologies \n developed by small to medium sized businesses.\n (C) Any vulnerabilities associated with such \n program including with respect to the following:\n (i) National security.\n (ii) Conflicts of interest between entities \n carrying out such testing and entities with \n such technologies to be tested.\n (iii) Waste, fraud, and abuse.\n\n Passed the House of Representatives January 9, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act or the SAFE TECH Act This bill directs the Transportation Security Administration (TSA) to develop a program allowing a vendor to obtain performance testing of transportation security screening technology through a third party as an alternative to the TSA's regular testing process. The TSA must develop a process for reciprocal recognition of security standards in coordination with the European Civil Aviation Conference. The Government Accountability Office must report on the third-party testing program established by this bill.","title":"Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act","text_len":8025,"sum_len":639} {"bill_id":"109_hr2184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nursing School Capacity Act of \n2005''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Researchers in the field of public health have \n identified the need for a national study to identify \n constraints encountered by schools of nursing in graduating the \n number of nurses sufficient to meet the health care needs of \n the United States.\n (2) The shortage of qualified registered nurses has \n adversely affected the health care system of the United States.\n (3) Individual States have had varying degrees of success \n with programs designed to increase the recruitment and \n retention of nurses.\n (4) Schools of nursing have been unable to provide a \n sufficient number of qualified graduates to meet the workforce \n needs.\n (5) Many nurses are approaching the age of retirement, and \n the problem worsens each year.\n (6) In 2004, an estimated 125,000 applications from \n qualified applicants were rejected by schools of nursing, due \n to a shortage of faculty and a lack of capacity for additional \n students.\n\nSEC. 3. STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO SCHOOLS OF \n NURSING.\n\n (a) In General.--The Secretary of Health and Human Services shall \nrequest the Institute of Medicine of the National Academy of Sciences \nto enter into an agreement under which the Institute conducts a study \nfor the purpose of--\n (1) identifying constraints encountered by schools of \n nursing in admitting and graduating the number of registered \n nurses necessary to ensure patient safety and meet the need for \n quality assurance in the provision of health care; and\n (2) developing recommendations to alleviate the constraints \n on a short-term and long-term basis.\n (b) Certain Components.--The Secretary shall ensure that the \nagreement under subsection (a) provides that the study under such \nsubsection will include information on the following:\n (1) The trends in applications for attendance at schools of \n nursing that are relevant to the purpose described in such \n subsection, including trends regarding applicants who are \n accepted for enrollment and applicants who are not accepted, \n particularly qualified applicants who are not accepted.\n (2) The number and demographic characteristics of entry-\n level and graduate students currently enrolled in schools of \n nursing, the retention rates at the schools, and the number of \n recent graduates from the schools, as compared to previous \n years and to the projected need for registered nurses based on \n two-year, five-year, and ten-year projections.\n (3) The number and demographic characteristics of nurses \n who pursue graduate education in nursing and non-nursing \n programs but do not pursue faculty positions in schools of \n nursing, the reasons therefor, including any regulatory \n barriers to choosing to pursue such positions, and the effect \n of such decisions on the ability of the schools to obtain \n adequate numbers of faculty members.\n (4) The extent to which entry-level graduates of the \n schools are satisfied with their educational preparation, \n including their participation in nurse externships, \n internships, and residency programs, and to which they are able \n to effectively transition into the nursing workforce.\n (5) The satisfaction of nurse managers and administrators \n with respect to the preparation and performance levels of \n entry-level graduates from the schools after one-year, three-\n year, and five-years of practice, respectively.\n (6) The extent to which the current salary, benefit \n structures, and characteristics of the workplace, including the \n number of nurses who are presently serving in faculty \n positions, influence the career path of nurses who have pursued \n graduate education.\n (7) The extent to which the use of innovative technologies \n for didactic and clinical nursing education might provide for \n an increase in the ability of schools of nursing to train \n qualified nurses.\n (c) Recommendations.--Recommendations under subsection (a)(2) may \ninclude recommendations for legislative or administrative changes at \nthe Federal or State level, and measures that can be taken in the \nprivate sector--\n (1) to facilitate the recruitment of students into the \n nursing profession;\n (2) to facilitate the retention of nurses in the workplace; \n and\n (3) to improve the resources and ability of the education \n and health care systems to prepare a sufficient number of \n qualified registered nurses.\n (d) Methodology of Study.--\n (1) Scope.--The Secretary shall ensure that the agreement \n under subsection (a) provides that the study under such \n subsection will consider the perspectives of nurses and \n physicians in each of the various types of inpatient, \n outpatient, and residential facilities in the health care \n delivery system; faculty and administrators of schools of \n nursing; providers of health plans or health insurance; and \n consumers.\n (2) Consultation with relevant organization.--The Secretary \n shall ensure that the agreement under subsection (a) provides \n that relevant agencies and organizations with expertise on the \n nursing shortage will be consulted with respect to the study \n under such subsection, including but not limited to the \n following:\n (A) The Agency for Healthcare Research and Quality.\n (B) The American Academy of Nursing.\n (C) The American Association of Colleges of \n Nursing.\n (D) The American Nurses Association.\n (E) The American Organization of Nurse Executives.\n (F) The National Institute of Nursing Research.\n (G) The National League for Nursing.\n (H) The National Organization for Associate Degree \n Nursing.\n (I) The National Student Nurses Association.\n (e) Report.--The Secretary shall ensure that the agreement under \nsubsection (a) provides that not later than 18 months after the date of \nthe enactment of this Act, a report providing the findings and \nrecommendations made in the study under such subsection will be \nsubmitted to the Secretary, the Committee on Energy and Commerce of the \nHouse of Representatives, and the Committee on Health, Labor, \nEducation, and Pensions of the Senate.\n (f) Other Organization.--If the Institute declines to conduct the \nstudy under subsection (a), the Secretary may enter into an agreement \nwith another appropriate private entity to conduct the study.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Institute'' means the Institute of Medicine \n of the National Academy of Sciences.\n (2)(A) The term ``school of nursing'' means a collegiate, \n associate degree, or diploma school of nursing in a State.\n (B) The terms ``collegiate school of nursing'', ``associate \n degree school of nursing'', and ``diploma school of nursing'' \n have the meanings given to such terms in section 801 of the \n Public Health Service Act.\n (3) The term ``Secretary'' means the Secretary of Health \n and Human Services.","summary":"Nursing School Capacity Act of 2005 - Requires the Secretary of Health and Human Services to request that the Institute of Medicine of the National Academy of Sciences (NAS) conduct a study to: (1) identify constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care. And (2) develop recommendations to alleviate the constraints on a short-term and long-term basis. Directs the Secretary to provide that the study consider the perspectives of: (1) nurses and physicians in inpatient, outpatient, and residential facilities, (2) faculty and administrators of nursing schools, (3) providers of health plans or health insurance, and (4) consumers.","title":"To provide for a study by the Institute of Medicine of the National Academy of Sciences to identify constraints encountered by schools of nursing in admitting and graduating the number of nurses sufficient to meet the health care needs of the United States, and for other purposes.","text_len":8027,"sum_len":797} {"bill_id":"114_hr5437","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Drug-Free Indian Health Service Act \nof 2016''.\n\nSEC. 2. MANDATORY RANDOM DRUG TESTING OF CERTAIN EMPLOYEES OF INDIAN \n HEALTH SERVICE.\n\n (a) Regulations.--\n (1) In general.--Not later than 90 days after the date of \n the enactment of this Act, the Secretary shall promulgate such \n regulations as are necessary to implement a mandatory random \n drug testing program for covered employees of the Indian Health \n Service. Except as otherwise provided for in this section, the \n Secretary shall promulgate such regulations in accordance with \n the--\n (A) guidelines promulgated on November 25, 2008, \n titled ``Mandatory Guidelines for Federal Workplace \n Drug Testing'' (73 Fed. Reg. 71858); and\n (B) regulations promulgated under section 264(c) of \n the Health Insurance Portability and Accountability Act \n of 1996 (42 U.S.C. 1320d-2 note).\n (2) Testing of certain drugs.--In carrying out the program \n required under paragraph (1), the Secretary shall ensure that \n each covered employee is tested not less than once per year for \n each of the following drugs:\n (A) Marijuana.\n (B) Cocaine.\n (C) Opiates.\n (D) Amphetamines.\n (E) Methamphetamine.\n (F) Phencyclidine.\n (b) Notice of Mandatory Random Drug Testing Program.--Not less than \n90 days before implementing the program required under subsection (a), \nthe Secretary shall provide written notice to all covered employees \nthat--\n (1) a mandatory random drug testing program will be \n implemented; and\n (2) covered employees will have the opportunity, and \n reasonable time, to submit medical documentation of lawful use \n of a drug listed under subsection (a)(2).\n (c) Notification of Selection.--The Secretary shall--\n (1) notify a covered employee selected for random drug \n testing under this section on the same day, but prior to, such \n testing; and\n (2) include in the notification an assurance that the \n covered employee was selected randomly and is under no \n suspicion of illegal drug use.\n (d) Deferral of Testing.--A covered employee selected for random \ndrug testing under this section may obtain a deferral of testing if the \ncovered employee is--\n (1) in a leave status; or\n (2) in official travel status away from the test site or \n will embark on official travel that was scheduled prior to the \n notification of selection under subsection (c).\n (e) Finding of Illegal Drug Use and Disciplinary Consequences.--\n (1) Finding of illegal drug use.--The Secretary may \n determine that a covered employee has engaged in illegal drug \n use based on any of the following:\n (A) A verified positive test result from a specimen \n submitted by the covered employee.\n (B) Direct observation by a higher-level \n supervisor, including observed illegal drug use and the \n unlawful possession of a drug listed under subsection \n (a)(2).\n (C) Evidence obtained from an arrest or criminal \n conviction of the covered employee.\n (D) The voluntary admission of the covered \n employee.\n (2) Mandatory administrative action.--\n (A) In general.--If a covered employee is found to \n have engaged in illegal drug use under paragraph (1), \n the Secretary shall--\n (i) prohibit the covered employee from \n performing any activity related to providing \n health care or administrative services to \n patients; and\n (ii) refer such employee to the Employee \n Assistance Program of the Department of Health \n and Human Services.\n (B) Return to duty.--At the discretion of the \n Secretary, a covered employee may return to performing \n activities related to providing health care or \n administrative services to patients after obtaining \n counseling or rehabilitation through the Employee \n Assistance Program.\n (3) Adverse actions.--\n (A) In general.--Subject to subsection (g), in \n addition to carrying out the required actions under \n paragraph (2), the Secretary may initiate an adverse \n action, including removal, against a covered employee \n who is found to have engaged in illegal drug use under \n paragraph (1).\n (B) Voluntary admission exception.--The Secretary \n may not initiate an adverse action under subparagraph \n (A) against a covered employee who--\n (i) voluntarily admits to illegal drug use;\n (ii) ceases such illegal drug use; and\n (iii) obtains counseling or rehabilitation \n through the Employee Assistance Program.\n (f) Refusal To Submit to Random Drug Testing and Disciplinary \nConsequences.--If a covered employee refuses to submit to random drug \ntesting under this section when so required, the Secretary--\n (1) shall prohibit the covered employee from performing any \n activity related to providing health care or administrative \n services to patients; and\n (2) subject to subsection (g), may initiate an adverse \n action, including removal, against such employee.\n (g) Due Process.--In carrying out an adverse action under this \nsection against a covered employee, the Secretary shall provide the \ncovered employee with notice and an opportunity to respond.\n (h) Appeals.--A covered employee subject to an administrative or \nadverse action under this section may appeal such action to the Merit \nSystems Protection Board under section 7701 of title 5, United States \nCode.\n (i) No Additional Funds.--No additional funds are authorized to be \nappropriated for the purpose of carrying out this section. This section \nshall be carried out using amounts otherwise available for such \npurpose.\n (j) Definitions.--For purposes of this section:\n (1) Covered employee.--The term ``covered employee''--\n (A) means an individual who--\n (i) is employed in a part-time or full-time \n position at a health care facility of the \n Indian Health Service (excluding tribal \n contract or compact health centers and urban \n Indian health centers); and\n (ii) provides health care or administrative \n services to patients at such health care \n facility; and\n (B) does not include officers of the Commissioned \n Corps of the United States Public Health Service.\n (2) Employee assistance program.--The term ``Employee \n Assistance Program'' means the Employee Assistance Program of \n the Department of Health and Human Services.\n (3) Illegal drug use.--The term ``illegal drug use'' means \n the unlawful use of a drug listed under subsection (a)(2) by a \n covered employee.\n (4) Random drug testing.--The term ``random drug testing'' \n means drug testing that is imposed on a covered employee \n without individualized suspicion that such employee is \n engaging, or has engaged, in illegal drug use.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services, acting through the Director of \n the Indian Health Service.\n (6) Specimen.--The term ``specimen'' means urine collected \n from a covered employee for the purpose of random drug testing \n under this section.","summary":"Drug-Free Indian Health Service Act of 2016 This bill requires the Department of Health and Human Services (HHS) to implement mandatory random drug testing for Indian Health Service (IHS) employees who provide health care or administrative services to patients at IHS health care facilities. Officers of the Commissioned Corps of the Public Health Service are exempt from this drug testing. Each employee must be tested at least once per year for specified drugs. HHS must notify employees of the implementation of this drug testing. Employees selected for drug testing must be notified of their selection on the same day as the testing. Employees found to have engaged in illegal drug use, through testing, direct observation, evidence from a conviction, or voluntary admission, are prohibited from providing services to patients and referred to the HHS Employee Assistance Program (EAP). At the discretion of HHS, an employee may return to duty after obtaining counseling or rehabilitation through the EAP. HHS may initiate an adverse action, including removal, against an employee engaged in illegal drug use unless the employee voluntarily admits to illegal drug use, ceases such activity, and obtains counseling or rehabilitation through the EAP. Employees who refuse to submit to drug testing are prohibited from providing services to patients and are subject to adverse action.","title":"Drug-Free Indian Health Service Act of 2016","text_len":8478,"sum_len":1384} {"bill_id":"113_s2209","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Syrian War Crimes Accountability Act \nof 2014''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) On February 22, 2014, the United Nations Security \n Council unanimously adopted Resolution 2139 recognizing the \n escalating level of violence in Syria.\n (2) Credible sources estimate the death of more than \n 140,000 people in Syria, including 10,000 children.\n (3) On February 27, 2014, the Department of State issued \n its 2013 Human Rights Report on Syria, which described \n President Bashar al Assad's use of ``indiscriminate and deadly \n force'' in the conflict, including the August 21, 2013, use of \n ``sarin gas and artillery to target East Ghouta and Moadamiya \n al-Sham, suburbs of Damascus, which killed over 1,000 people.''\n (4) The United Nations Independent International Commission \n of Inquiry on the Syrian Arab Republic reports that pro-\n government forces have conducted attacks on Syrian civilian \n populations, and have utilized murder, torture, assault, and \n rape as war tactics. Anti-government groups have also committed \n murder and torture, engaged in hostage-taking, attacked \n protected objects, and shelled civilian neighborhoods.\n (5) Internationally accepted rules of war require actors to \n distinguish between civilians and combatants and that all \n parties adhere to the principle of medical neutrality whereby \n both sides ensure unhindered access to medical care.\n\nSEC. 3. SENSE OF CONGRESS.\n\n Congress--\n (1) strongly condemns the ongoing violence, use of chemical \n weapons, targeting of civilian populations with barrel, \n incendiary and cluster bombs, and SCUD missiles, and systematic \n gross human rights violations carried out by Government of \n Syria and pro-government forces under the direction of \n President Bashar al-Assad, as well as abuses committed by \n violent extremist groups and other combatants involved in the \n civil war in Syria;\n (2) expresses its support for the people of Syria seeking \n democratic change;\n (3) urges all parties to the conflict to immediately halt \n indiscriminate attacks on civilians;\n (4) calls on the President to support efforts in Syria and \n on the part of the international community to ensure \n accountability for war crimes and crimes against humanity \n committed during the conflict; and\n (5) calls for a United Nations Security Council \n investigation into gross violations of human rights and war \n crimes committed during the Syrian conflict.\n\nSEC. 4. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST \n HUMANITY IN SYRIA.\n\n (a) In General.--Not later than 90 days after the date of the \nenactment of this Act, and again not later than 180 days after the \ncessation of violence in Syria, the Secretary of State shall submit to \nthe appropriate congressional committees a report on war crimes and \ncrimes against humanity in Syria.\n (b) Elements.--The report required under paragraph (1) shall \ninclude the following elements:\n (1) A description of violations of internationally \n recognized human rights and crimes against humanity perpetrated \n during the civil war in Syria, including--\n (A) an account of the war crimes and crimes against \n humanity committed by the regime of President Bashar \n al-Assad;\n (B) an account of the war crimes and crimes against \n humanity committed by violent extremist groups and \n other combatants in the conflict; and\n (C) a description of the conventional and \n unconventional weapons used for such crimes and, where \n possible, the origins of the weapons.\n (2) A description of efforts by the Department of State and \n the United States Agency for International Development to \n ensure accountability for violations of internationally \n recognized human rights and crimes against humanity perpetrated \n against the people of Syria by the regime of President Bashar \n al-Assad, violent extremist groups, and other combatants \n involved in the conflict, including--\n (A) a description of initiatives that the United \n States Government has undertaken to train investigators \n in Syria on how to document, investigate, and develop \n findings of war crimes, including the number of United \n States Government or contract personnel currently \n designated to work full-time on these issues and an \n identification of the authorities and appropriations \n being used to support training efforts;\n (B) a description of the strategy and \n implementation efforts to ensure accountability for \n crimes committed during the Syrian conflict, including \n efforts to promote the establishment of an ad hoc \n tribunal to prosecute the perpetrators of war crimes \n committed during the civil war in Syria; and\n (C) an assessment of the impact of those \n initiatives.\n (c) Appropriate Congressional Committee Defined.--In this section, \nthe term ``appropriate congressional committees'' means--\n (1) the Committee on Foreign Relations of the Senate; and\n (2) the Committee on Foreign Affairs of the House of \n Representatives.","summary":"Syrian War Crimes Accountability Act of 2014 - States that Congress: (1) condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria, (2) supports the people of Syria seeking democratic change. (3) urges all parties to the conflict to halt attacks on civilians. (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict. And (5) calls for a United Nations (U. N.) Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. Direct the Secretary of State to report to Congress regarding war crimes and crimes against humanity in Syria.","title":"Syrian War Crimes Accountability Act of 2014","text_len":5886,"sum_len":1029} {"bill_id":"112_hr627","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Energy Loss Prevention Act''.\n\nSEC. 2. ENERGY AUDIT REQUIREMENT FOR SINGLE-FAMILY AND MULTIFAMILY \n HOUSING PURCHASED USING A FEDERALLY RELATED HOUSING LOAN.\n\n (a) Requirements.--Except as provided in subsection (d) and section \n3, a seller of single-family or multifamily housing that will be \npurchased with the assistance of a federally related housing loan may \nnot sell such housing, unless--\n (1) not less than 5 years before the time of sale of the \n housing, an energy audit meeting the requirements of subsection \n (b) is conducted with respect to such housing;\n (2) the seller provides the purchaser a copy of the results \n of the energy audit referred to in paragraph (1); and\n (3) the results of the energy audit referred to in \n paragraph (1) are submitted to the Secretary of Housing and \n Urban Development.\n (b) Energy Audit.--An energy audit meets the requirements under \nthis subsection only if--\n (1) the audit is conducted by a home energy auditor or \n equivalent, as determined by the Secretary;\n (2) the results of the audit are recorded using energy \n audit and disclosure forms prescribed by regulation by the \n Secretary for single-family or multifamily housing, as \n applicable; and\n (3) the results of the audit include--\n (A) a standardized ratings score, based on a \n scoring system approved by the Secretary, in \n consultation with the Secretary of Energy, that allows \n the energy efficiency of the housing to be compared to \n the energy efficiency of similar housing, as determined \n by the Secretary; and\n (B) a prioritized list, based on cost-effectiveness \n and energy savings, of potential energy efficiency \n improvements for the housing.\n (c) Notice.--A person who accepts applications for federally \nrelated housing loans shall provide to each applicant for such a loan, \nat the time of such application, written notice of the following:\n (1) The requirements under subsection (a).\n (2) The exception under subsection (d) and exemption under \n section 3.\n (3) That the Department of Housing and Urban Development \n maintains, on an Internet website, a database containing copies \n of the results of energy audits conducted pursuant to this Act.\n (4) That the applicant for the loan may obtain, from the \n Department of Housing and Urban Development, copies of any \n energy audits with respect to the housing for which the loan \n application is made that have been submitted to such \n Department.\n (d) Exception for New Energy Efficient Housing.--The requirements \nunder this section shall not apply with respect to the seller of \nsingle-family housing or multifamily housing that will be purchased \nwith the assistance of a federally related housing loan if such \nhousing--\n (1) was constructed not more than 5 years before the time \n of sale involving such loan; and\n (2) is--\n (A) Energy Star qualified;\n (B) certified under the Leadership in Energy and \n Environmental Design (LEED) Green Building Rating \n System of the United States Green Building Council; or\n (C) certified under an equivalent certification \n system approved by the Secretary, in consultation with \n the Secretary of Energy.\n (e) Accessibility of Energy Audit Results.--\n (1) Local housing offices.--The Secretary shall coordinate \n with appropriate local recorders of deeds (or other similar \n local offices responsible for maintaining records of \n residential real property interests and transactions) to \n maintain copies of the results of energy audits conducted \n pursuant to this Act on-file in conjunction with the deeds to \n such housing.\n (2) HUD database.--The Secretary shall establish and \n maintain a database containing copies of the results of energy \n audits conducted pursuant to this Act and ensure such database \n is accessible to the public on an Internet website.\n\nSEC. 3. EXEMPTION.\n\n The Secretary may grant a seller an exemption from any requirement \nof this Act if the Secretary determines that such requirement would, \ndue to circumstances unique to the single-family housing or multifamily \nhousing that will be purchased with the assistance of a federally \nrelated housing loan and not based on a condition caused by actions of \nthe seller, cause undue hardship for the seller. An exemption granted \nunder this section shall be limited to the minimum change necessary to \navoid undue hardship.\n\nSEC. 4. CIVIL PENALTIES.\n\n In the case of any sale of single-family or multifamily housing \ninvolving a federally related housing loan in violation of section 2 of \nthis Act, the Secretary shall assess a civil money penalty against the \nseller in an amount not to exceed 20 percent of the sale price of such \nhousing for which such loan is made.\n\nSEC. 5. HOME ENERGY LOSS PREVENTION FUND AND FEE.\n\n (a) Fee.--The Secretary shall assess persons that make federally \nrelated housing loans a fee for each such loan made, in an amount to be \ndetermined by the Secretary, but not more than necessary to pay costs \nincurred in carrying out the responsibilities of the Department of \nHousing and Urban Development under this Act. The Secretary shall \ncollect and deposit such fees in the Home Energy Loss Prevention Fund \nestablished under subsection (b)(1) for use in accordance with this \nsection.\n (b) Fund.--\n (1) Establishment.--There is established in the Treasury of \n the United States a fund to be known as the ``Home Energy Loss \n Prevention Fund'', consisting of--\n (A) amounts collected as fees assessed under \n subsection (a); and\n (B) any interest earned on investment of amounts in \n the Home Energy Loss Prevention Fund credited to the \n Fund under paragraph (2)(B).\n (2) Investment of amounts.--\n (A) In general.--The Secretary of the Treasury \n shall invest such portion of the Home Energy Loss \n Prevention Fund as is not, in the judgment of the \n Secretary of the Treasury, required to meet current \n withdrawals. Investments may be made only in interest-\n bearing obligations of the United States.\n (B) Credits to fund.--The interest on, and the \n proceeds from the sale or redemption of, any \n obligations held in the Home Energy Loss Prevention \n Fund shall be credited to the Fund.\n (3) Use of amounts in the fund.--To the extent provided in \n advance in appropriations Acts, amounts in the Home Energy Loss \n Prevention Fund shall be made available to the Secretary \n without fiscal year limitation to carry out the \n responsibilities of the Department of Housing and Urban \n Development under this Act.\n\nSEC. 6. REGULATIONS AND EFFECTIVE DATE.\n\n (a) Regulations.--Not later than one year after the date of \nenactment of this Act, the Secretary shall promulgate regulations to \ncarry out this Act.\n (b) Effective Date.--The requirements under this Act shall take \neffect 6 months after the date regulations are promulgated pursuant to \nsubsection (a).\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Energy audit.--The term ``energy audit'' has the \n meaning given such term in section 391(13) of the Energy Policy \n and Conservation Act (42 U.S.C. 6371(13)).\n (2) Federally related housing loan.--The term ``federally \n related housing loan'' means the following loans:\n (A) Single-family housing loans.--A federally \n related mortgage loan, as such term is defined in \n paragraph (1) of section 3 of the Real Estate \n Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)).\n (B) Multifamily housing loans.--A loan that is \n described in paragraph (1) of section 3 of the Real \n Estate Settlement Procedures Act of 1974 (12 U.S.C. \n 2602(1)), except that for purposes of subparagraph (A) \n of such paragraph (1) shall be applied--\n (i) by substituting ``(including \n condominium and cooperative projects)'' for \n ``(including individual units of condominiums \n and cooperatives)''; and\n (ii) by substituting ``5 or more families'' \n for ``from one to four families''.\n (3) Home energy auditor.--The term ``home energy auditor'' \n means a person who is certified by an agency approved by the \n Secretary, in consultation with the Secretary of Energy, to \n conduct energy audits for single-family housing or multifamily \n housing, as applicable.\n (4) Multifamily housing.--The term ``multifamily housing'' \n means any residential structure consisting of 5 or more \n dwelling units.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (6) Single-family housing.--The term ``single-family \n housing'' means any residential structure consisting of 1 to 4 \n dwelling units.\n (7) Time of sale.--The term ``time of sale'' means, with \n respect to any single-family or multifamily housing for which a \n federally related housing loan is made, the date of the \n recording of a deed transferring legal title to real property \n to implement the sale of property that involved such loan.","summary":"Home Energy Loss Prevention Act - Prohibits a seller of housing that will be purchased with the assistance of a federally related housing loan from selling such housing, unless: (1) no less than five years before the sale of such housing, an energy audit is conducted. (2) the seller provides the purchaser a copy of audit results. And (3) such results are submitted to the Secretary of Housing and Urban Development (HUD). Requires such audits to be conducted by a home energy auditor or equivalent. Requires such audit results to be recorded using energy audit and disclosure forms prescribed by the Secretary and to include: (1) a standardized ratings score that allows the housing's energy efficiency to be compared to the energy efficiency of similar housing. And (2) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements. Establishes notice requirements for persons who accept such loans. Exempts from such requirements the seller of housing that: (1) was constructed no more than five years before the time of sale. And (2) is Energy Star qualified or certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or an equivalent certification system approved by the Secretary. Requires the Secretary to maintain an online, publicly accessible database containing copies of audit results. Authorizes the Secretary to grant a seller an exemption from any requirement of this Act that would cause the seller undue hardship due to circumstances unique to the housing and not based on a condition caused by the seller's actions. Requires the Secretary to assess persons that make federally related housing loans a fee for each such loan made and to deposit such fees in the Home Energy Loss Prevention Fund , which shall be available to the Secretary to carry out HUD's responsibilities under this Act.","title":"To require energy audits to be conducted for any single-family and multifamily housing purchased using federally related housing loans, and for other purposes.","text_len":10277,"sum_len":1948} {"bill_id":"109_hr6263","text":"SECTION 1. REAUTHORIZATION AND UPDATING AMENDMENTS.\n\n The Delaware and Lehigh National Heritage Corridor Act of 1988 \n(Public Law 100-692) is updated as follows:\n (1) In section 2, by adding at the end the following:\n ``(6) The Corridor contained the only historic system of \n the Industrial Revolution that integrated anthracite mining and \n resource extraction, canals and railroads, commerce and heavy \n industry, and a remarkable number of the historic elements of \n the system are intact.''.\n (2) In section 4, by striking ``Environmental Resources'' \n and inserting ``Conservation and Natural Resources''.\n (3) In section 8--\n (A) in subsection (b), by inserting ``and review \n and approval by the Secretary of the strategic plan'' \n after ``in section 10(a)'';\n (B) by inserting ``and the strategic plan'' after \n ``goals of the Plan'';\n (C) by amending the text of subsection (b)(1) to \n read as follows: ``assisting the Commonwealth, \n political subdivisions and non-profit agencies in \n preserving the historic transportation system of Canals \n and overland railroads and the maintenance of the \n system as a trail significant to nation;'';\n (D) in subsection (b)(2), by striking \n ``governments'' and inserting ``agencies'';\n (E) in subsection (b)(3), by striking ``in the \n Corridor'' and inserting ``and heighten the \n understanding of the Corridor's nationally important \n stories''; and\n (F) by adding at the end the following:\n ``(c) Stategic Plan.--The Corporation shall develop a Strategic \nPlan that takes in account the findings and recommendations of the \nstudy titled `Connecting Stories, Landscapes and People: Exploring the \nDelaware and Lehigh National Heritage Corridor Partnership' conducted \nby the National Park Service Conservation Study Institute. The \nstrategic plan shall complement the management plan for the Corridor by \nguiding future investment, strengthening and serving the partnership \nnetwork, positioning the Corridor to take advantage of opportunities, \nand prioritizing actions.''.\n (4) In section 9, by adding at the end the following:\n ``(c) Corporation as Local Management Entity.--Upon the date of the \nenactment of this subsection, the local management entity for the \ncorridor shall be the Corporation.\n ``(d) Implementation of Management Plan.--The Corporation will \nassume the duties of the Commission for the implementation of the \nmanagement action plan.\n ``(e) Use of Funds.--The Corporation may use Federal funds made \navailable under this Act--\n ``(1) to make grants to and enter into cooperative \n agreements with the Commonwealth, political subdivisions, \n nonprofit organizations, and individuals;\n ``(2) to hire, train, and compensate staff;\n ``(3) to enter into contracts for goods and services; and\n ``(4) to obtain money from any source under any program or \n law requiring the recipient of such money to make a \n contribution in order to receive such money.''.\n (5) In section 10--\n (A) in subsection (c), by striking ``shall assist \n the Commission'' and inserting ``shall, upon the \n Corporation's request, assist'';\n (B) in subsection (d), by striking ``Commission'' \n each place it appears and inserting ``Corporation''; \n and\n (C) by adding at the end the following:\n ``(e) Transition MOU.--The Secretary shall enter into a memorandum \nof understanding with the Corporation to assure appropriate transition \nof the local management to the Corporation and coordination with the \nCorporation regarding the implementation of the management action plan.\n ``(f) Special Resource Studies.--\n ``(1) Sites and features.--The Secretary shall conduct a \n special resource study of sites and associated landscape \n features within the boundaries of the Corridor that contribute \n to the understanding of the Corridor's national significance. \n To provide appropriate context regarding the contribution of \n anthracite mining, industries, transportation and commerce to \n the nation's growth and industrial development, the special \n resource study shall review the resources of the greater \n anthracite region of Pennsylvania covered by other designated \n national heritage areas.\n ``(2) Potential designation.--\n ``(A) Authorization.--Not later than 3 years after \n the date on which funds are made available to carry out \n this subsection, the Secretary, in coordination with \n the Corporation, shall complete the special resource \n study to evaluate the possibility of--\n ``(i) designating one or more site or \n landscape feature as a unit of the National \n Park System; and\n ``(ii) coordinating and complementing \n actions by the Corporation, Commonwealth, \n political subdivisions and non-profit agencies, \n in the preservation and interpretation of \n significant resources within the Corridor and \n greater anthracite region.\n ``(B) Study.--Not later than 30 days after the date \n on which the special resource study is completed, the \n Secretary shall submit to the Committee on Resources of \n the House of Representatives and the Committee on \n Energy and Natural Resources of the Senate a report \n that describes the findings, conclusions, and \n recommendations of the study.''.\n (6) In section 12--\n (A) by striking ``Commission'' each place it \n appears and inserting ``Corporation''; and\n (B) by striking ``2007'' and inserting ``2019''.\n (7) In section 13, by striking ``Commission'' and inserting \n ``Corporation''.\n (8) In section 14--\n (A) in paragraph (5), by striking ``and'' at the \n end;\n (B) in paragraph (6), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(7) the term `Corporation' means the Delaware and Lehigh \n National Heritage Corridor, Incorporated, an organization \n described under section 501(c)(3) of the Internal Revenue Code \n of 1986 and exempt from taxation.''.","summary":"Amends the Delaware and Lehigh National Heritage Corridor Act of 1988 to revise the appropriate steps the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission is required to take in implementing its Cultural Heritage and Corridor Management Plan for the Delaware and Lehigh Navigation Canal National Heritage Corridor. Requires the Delaware and Lehigh National Heritage Corridor, Incorporated to develop a Strategic Plan for the Corridor that takes into account the findings and recommendations of a specified study conducted by the National Park Service Conservation Study Institute. Requires the plan to compliment the Corridor's management plan. Makes the Corporation the management entity for the Corridor, assuming the Commission's duties in implementing the management action plan. Authorizes the Corporation to use federal funds to make grants to and enter into cooperative agreements with Pennsylvania, local governments, nonprofit corporations, and individuals. Requires the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the Corridor, including resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas, that contribute to the understanding of the Corridor's national siginificance. Requires the Secretary, in coordination with the Corporation, to evaluate and report to specified congressional committees on the possibility of: (1) designating one or more sites or landscape features as a unit of the National Park System. And (2) coordinating and complementing actions by the Corporation, Pennsylvania, local governments, and nonprofit agencies in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. Extends the Corporation, in place of the Commission, through November 18, 2019.","title":"To reauthorize the Delaware and Lehigh National Heritage Corridor Act of 1988, and for other purposes.","text_len":7114,"sum_len":1891} {"bill_id":"110_s2039","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strategic Deterrent Sustainment Act \nof 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The strategic forces of the United States remain a \n cornerstone of United States national security.\n (2) The 2001 Nuclear Posture Review states that it is the \n current policy of the United States that intercontinental \n ballistic missiles (ICBMs), submarine-launched ballistic \n missiles, and long-range nuclear-armed bombers play a critical \n role in the defense capabilities of the United States, its \n allies, and friends.\n (3) The dispersed and alert Minuteman III intercontinental \n ballistic missile system provides the most responsive, \n stabilizing, and cost-effective strategic force.\n (4) Section 139 of the John Warner National Defense \n Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 \n Stat. 2114) requires the Secretary of the Air Force to \n modernize Minuteman III intercontinental ballistic missiles in \n the United States inventory so as to maintain a sufficient \n supply of launch test assets and spares to sustain the deployed \n force of such missiles through 2030.\n (5) The modernization program for the Minuteman III \n intercontinental ballistic missile is nearing completion. Once \n that program is complete, there will be no program to sustain \n the capability of the United States industrial base to \n modernize or replace the intercontinental ballistic missiles \n that constitute the sole land-based strategic deterrent system \n of the United States.\n (6) As an example, motor production for the Minuteman III \n Propulsion Replacement Program (PRP) is currently scheduled to \n end in fiscal year 2009. Once the PRP program ends, the \n capacity of the United States industrial base to respond to \n matters arising from the aging and obsolescence of Minuteman \n III intercontinental ballistic missiles will be extremely \n diminished, decades-worth of critical program knowledge may be \n lost, and the current design of the Minuteman III \n intercontinental ballistic missile is likely to no longer be \n reproducible.\n\nSEC. 3. REPORT ON CAPABILITIES FOR SUSTAINMENT OF THE MINUTEMAN III \n INTERCONTINENTAL BALLISTIC MISSILE.\n\n (a) Report Required.--Not later than March 1, 2008, the Secretary \nof Defense shall submit to the congressional defense committees a \nreport on the capability of the United States industrial base to \nachieve each of the following:\n (1) To maintain, modernize, and sustain the Minuteman III \n intercontinental ballistic missile (ICBM) system until at least \n 2030.\n (2) To replace the Minuteman III intercontinental ballistic \n missile with a follow-on land-based strategic deterrent system \n after 2030.\n (b) Elements.--The report required by paragraph (1) shall include \nthe following:\n (1) A description of any current plans for extending the \n Minuteman III intercontinental ballistic missile system after \n the period from 2020 to 2030, including plans for testing \n sufficient to account for any aging and obsolescence found in \n the Minuteman III intercontinental ballistic missile during the \n remaining life of the system, and an assessment of the risks \n associated with such plans after the shutdown of associated \n production lines.\n (2) A description of any current plans to maintain the \n Minuteman III intercontinental ballistic missile system after \n 2030, including an assessment of any risks associated with such \n plans after the shutdown of associated production lines.\n (3) An explanation why the Minuteman III intercontinental \n ballistic missile system, the only United States land-based \n strategic deterrent system, is no longer considered to be of \n the highest national defense urgency, as indicated by inclusion \n of the system on the so-called ``DX-Rated Program List'' while \n the sea-based strategic deterrent system, the Trident II D5 \n missile system, is still on the so-called ``DX-list''.\n (4) An analysis of existing commonalities between the \n service life extension program for the Trident II D5 missile \n system and any equivalent planned service life extension \n program for the Minuteman III intercontinental ballistic \n missile system, including an analysis of the impact on \n materials, the supplier base, production facilities, and the \n production workforce of extending all or part of the service \n life extension program for the Trident II D5 missile system to \n a service life extension program for the Minuteman III \n intercontinental ballistic missile system.\n (5) An assessment of the adequacy of current and \n anticipated programs, such as missile defense, space launch, \n and prompt global strike programs, to support the industrial \n base for the Minuteman III intercontinental ballistic missile \n system, including an analysis of the impact on materials, the \n supplier base, production facilities, and the production \n workforce of extending all or part of any such program to the \n program for the Minuteman III intercontinental ballistic \n missile system.\n (c) Comptroller General Review.--Not later than 60 days after \nsubmittal under subsection (a) of the report required by that \nsubsection, the Comptroller General of the United States shall submit \nto the congressional defense committees a report setting forth the \nComptroller General's assessment of the matters contained in the report \nunder subsection (a), including an assessment of the consistency of the \nbudget of the President for fiscal year 2009, as submitted to Congress \npursuant to section 1105 of title 31, United States Code, with the \nmatters contained in the report under subsection (a).\n (d) Congressional Defense Committees Defined.--In this section, the \nterm ``congressional defense committees'' means--\n (1) the Committee on Armed Services and the Committee on \n Appropriations of the Senate; and\n (2) the Committee on Armed Services and the Committee on \n Appropriations of the House of Representatives.","summary":"Strategic Deterrent Sustainment Act of 2007 - Directs the Secretary of Defense to report to the congressional defense committees respecting the capability of the US industrial base to: (1) maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030. And (2) replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030.","title":"A bill to require an assessment of the plans for the modernization and sustainment of the land-based, Minuteman III intercontinental ballistic missile strategic deterrent force, and for other purposes.","text_len":6648,"sum_len":445} {"bill_id":"112_hr755","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Investing in Our \nFuture Act of 2011''.\n (b) Findings.--Congress finds the following:\n (1) While Wall Street continues to reap massive profits, \n the 2008 global economic crisis they helped cause has \n destabilized economies and impacted the budgets of the United \n States and impoverished nations, compromising the ability of \n governments to address pressing needs.\n (2) The scope of the financial crisis distorted our \n national deficit. The Congressional Budget Office estimates \n that Federal deficit spending is now at a record $1.5 trillion.\n (3) Millions of people around the world have been pushed \n into poverty because of the global financial crisis, through no \n fault of their own.\n (4) The impacts of climate change, disease, and ill health \n undermine the economies of developing nations and their ability \n to contribute to a secure, stable world.\n (5) Predictable, adequate, sustainable, long-term, public \n funding to address global health and climate change in \n developing countries at the scale needed does not currently \n exist but it is urgently needed.\n (6) Cutting vital domestic programs such as education, \n health care, and nutrition assistance to reduce the national \n debt will have a harmful impact on the long-term prosperity of \n the country. Alternative revenue generating mechanisms must be \n considered to reduce the national debt and meet international \n development and climate needs.\n (7) The financial institutions that caused the financial \n crisis should play a significant role in providing funds that \n will help developing countries mitigate and adapt to climate \n change, fight global HIV\/AIDS, improve maternal and child \n health in impoverished nations, and reduce the national \n deficit.\n (8) Currency speculation by financial institutions has \n destabilizing impacts on the real economy and can contribute to \n financial crises.\n (9) In 2008, $4 trillion in daily currency transactions \n were undertaken, nearly 80 percent of which by a few major \n banks, without taxation.\n (10) A tax on the currency market would be paid by these \n same banks that caused the financial crisis and would generate \n funds to help reduce our deficit.\n (11) A small levy on currency would curb some speculative \n transactions, bringing greater stability into the currency \n market.\n (12) Collection of a small tax would not disrupt legitimate \n trading in the currency trading markets and would have no \n significant impact on individual travelers or United States \n corporations doing business.\n (13) The Secretary of State, Secretary of the Treasury, and \n the nations in the Organization for Economic Cooperation and \n Development should work together to implement a broader \n currency transaction tax to reduce the Federal deficit and fund \n global health, poverty, and climate change initiatives.\n\nSEC. 2. EXCISE TAX ON CURRENCY TRANSACTIONS.\n\n (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is \namended by inserting after subchapter B the following new subchapter:\n\n ``Subchapter C--Currency Transactions\n\n``Sec. 4475. Currency transactions.\n\n``SEC. 4475. CURRENCY TRANSACTIONS.\n\n ``(a) In General.--There is hereby imposed a tax on each currency \ntransaction made by, or on behalf of, a United States person.\n ``(b) Exception for Low-Value Transactions.--\n ``(1) In general.--Subsection (a) shall not apply to any \n currency transaction made by, or on behalf of, a United States \n person, if the aggregate value of the currencies acquired by \n such person in all such transactions made during the calendar \n year does not exceed $10,000.\n ``(2) Coordination with withholding rules.--Subsection \n (e)(2) shall not apply to any currency transaction unless the \n value of the currency acquired by the United States person in \n such transaction exceeds $10,000. The preceding sentence shall \n not apply if the person who facilitates such currency \n transaction knows, or has reason to know, that the exception \n provided by paragraph (1) does not apply to such transaction.\n ``(c) Amount of Tax.--\n ``(1) In general.--The amount of the tax imposed under \n subsection (a) with respect to any currency transaction shall \n be equal to 0.005 percent of the value of the currency acquired \n in the transaction.\n ``(2) Special rule for currency derivatives.--In the case \n of any currency derivative, the value of the currency acquired \n in the transaction shall be treated for purposes of this \n section as being equal to--\n ``(A) in the case of a forward contract, the value \n of the currency purchased or sold forward,\n ``(B) in the case of a notional principal contract, \n the value of the notional principal amount of the \n contract,\n ``(C) in the case of an option, the value of the \n currency that would be acquired in the event the option \n were exercised, and\n ``(D) in the case of any other currency derivative, \n the value as determined by the Secretary.\n ``(3) Valuation of currency.--For purposes of this section, \n the valuation of any currency shall be determined in the \n taxpayer's functional currency (within the meaning of section \n 985) at the spot rate on the date of the transaction.\n ``(d) Currency Transaction.--For purposes of this section--\n ``(1) In general.--The term `currency transaction' means--\n ``(A) the exchange of any currency for another \n currency, and\n ``(B) entering into any currency derivative.\n ``(2) Currency derivative.--The term `currency derivative' \n means--\n ``(A) any currency notional principal contract, and\n ``(B) any option, forward contract, short position, \n hedge, or similar financial instrument with respect to \n any currency or currency notional principal contract.\n ``(e) Liability for Tax; Withholding.--\n ``(1) Liability for tax.--The tax imposed under subsection \n (a) with respect to any currency transaction shall be paid by \n the United States person referred to in subsection (a). Such \n person shall be allowed a credit against such tax in the amount \n withheld as tax under paragraph (2) with respect to such \n transaction.\n ``(2) Withholding by currency transaction facilitators.--\n ``(A) In general.--Except as provided in \n subparagraph (B), each United States person which \n facilitates a currency transaction by, or on behalf of, \n a United States person shall deduct and withhold from \n the amount involved in such transaction a tax equal to \n the amount of the tax imposed under section 4475 with \n respect to such transaction.\n ``(B) Amounts withheld only once.--The Secretary \n shall prescribe regulations or other guidance to ensure \n that only one United States person deducts and \n withholds the amount described in subparagraph (A) with \n respect to each currency transaction. Such regulations \n or other guidance shall (subject to such exceptions as \n the Secretary may prescribe) require--\n ``(i) in the case of a currency transaction \n which is confirmed and matched by a United \n States person, that such person so deduct and \n withhold such amount, and\n ``(ii) in the case of a currency \n transaction not described in clause (i) which \n is settled by a United States person, that such \n person so deduct and withhold such amount.\n ``(3) Coordination with other sections.--For purposes of so \n much of subtitle F (other than section 7205) as relates to \n chapter 24, amounts which are subject to withholding under \n paragraph (2) shall be treated as if they were wages paid by an \n employer to an employee (and amounts deducted and withheld \n under paragraph (2) shall be treated as if deducted and \n withheld under section 3402).\n ``(f) Application to Expanded Affiliated Groups.--\n ``(1) In general.--For purposes of this section, all \n members of the same expanded affiliated group shall be treated \n as one person for purposes of this section.\n ``(2) Expanded affiliated group.--For purposes of this \n subsection, the term `expanded affiliated group' means an \n affiliated group as defined in section 1504(a), determined--\n ``(A) by substituting `more than 50 percent' for \n `at least 80 percent' each place it appears, and\n ``(B) without regard to paragraphs (2) and (3) of \n section 1504(b).\n A partnership or any other entity (other than a corporation) \n shall be treated as a member of an expanded affiliated group if \n such entity is controlled (within the meaning of section \n 954(d)(3)) by members of such group (including any entity \n treated as a member of such group by reason of this \n sentence).''.\n (b) Clerical Amendment.--The table of subchapters for chapter 36 of \nsuch Code is amended by inserting after the item relating to subchapter \nB the following new item:\n\n ``subchapter c. currency transactions''.\n\n (c) Effective Date.--The amendments made by this section shall \napply to transactions after December 31, 2011.\n\nSEC. 3. FUNDING FOR CHILD CARE.\n\n (a) Child Care Assistance Trust Fund.--\n (1) In general.--There is established in the Treasury of \n the United States a trust fund to be known as the ``Child Care \n Assistance Trust Fund'', consisting of such amounts as may be \n appropriated or credited to the Child Care Assistance Trust \n Fund as provided in this section.\n (2) Transfer to trust fund of amounts equivalent to certain \n taxes.--There are hereby appropriated to the Child Care \n Assistance Trust Fund, out of any money in the Treasury not \n otherwise appropriated, amounts equivalent to 10 percent of the \n taxes received in the Treasury under section 4475 of the \n Internal Revenue Code of 1986.\n (3) Expenditures from trust fund.--Amounts in the Child \n Care Assistance Trust Fund shall be available, as provided by \n appropriation Acts, for making expenditures to carry out \n subsection (b).\n (4) Management of trust fund.--For purposes of subchapter B \n of chapter 98 of the Internal Revenue Code of 1986, the \n provisions of this subsection shall be treated as provisions of \n subchapter A of such chapter.\n (b) Child Care Assistance Grants.--\n (1) In general.--Any appropriation under subsection (a)(3) \n from the Child Care Assistance Trust Fund shall be allocated \n among the States as an increase in the amount determined under \n section 418(a)(1) of the Social Security Act in the same \n proportion as the amount determined under such section with \n respect to such State (determined without regard to this \n subsection) bears to the aggregate amounts so determined with \n respect to all of the States.\n (2) Funding to be additional.--It is the sense of the \n Congress that amounts made available under this subsection \n shall be in addition to (and shall not be a replacement for) \n other funding for child care assistance.\n\nSEC. 4. MULTILATERAL GLOBAL HEALTH PROGRAMS.\n\n (a) Multilateral Global Health Trust Fund.--\n (1) In general.--There is established in the Treasury of \n the United States a trust fund to be known as the \n ``Multilateral Global Health Trust Fund'', consisting of such \n amounts as may be appropriated or credited to the Multilateral \n Global Health Trust Fund as provided in this section.\n (2) Transfer to trust fund of amounts equivalent to certain \n taxes.--There are hereby appropriated to the Multilateral \n Global Health Trust Fund, out of any money in the Treasury not \n otherwise appropriated, amounts equivalent to 25 percent of the \n taxes received in the Treasury under section 4475 of the \n Internal Revenue Code of 1986.\n (3) Expenditures from trust fund.--Amounts in the \n Multilateral Global Health Trust Fund shall be available, as \n provided by appropriation Acts, for making expenditures to \n carry out subsection (b).\n (4) Management of trust fund.--For purposes of subchapter B \n of chapter 98 of the Internal Revenue Code of 1986, the \n provisions of this subsection shall be treated as provisions of \n subchapter A of such chapter.\n (b) Multilateral Global Health Grant Program.--\n (1) In general.--The Secretary of State shall make grants \n to assist developing countries in addressing HIV\/AIDS, \n tuberculosis, malaria, maternal mortality, family planning, \n neglected diseases, and other health issues affecting \n developing countries.\n (2) Eligibility for grants.--Grants under paragraph (1) may \n be made to--\n (A) the Global Fund to Fight AIDS, Tuberculosis and \n Malaria to provide grants described in paragraph (1), \n and\n (B) other multilateral health funding mechanisms \n which the Secretary certifies--\n (i) provide a significant majority of their \n total funding to programs in the form of \n grants,\n (ii) include independent and external \n technical review of programs in the awarding of \n funding,\n (iii) include governance structures that \n involve donor governments, implementing \n governments, civil society, and affected \n communities as equal decisionmakers,\n (iv) provide funding based on plans \n developed by implementing countries through \n country-level processes that include equal and \n meaningful involvement of civil society and \n impacted communities,\n (v) require measures of performance of all \n projects and formal mechanisms that condition \n continued financing on successful performance \n and outcomes, and\n (vi) include mechanisms for strict \n financial accountability and provides \n transparency of all decisions, evaluations, and \n finances through publically accessible \n documents.\n (3) Funding to be additional.--It is the sense of the \n Congress that grants made under this subsection shall be in \n addition to (and shall not be a replacement for) other funding \n for global health initiatives in developing countries.\n\nSEC. 5. GLOBAL CLIMATE CHANGE ADAPTATION AND MITIGATION.\n\n (a) Global Climate Change Adaptation and Mitigation Trust Fund.--\n (1) In general.--There is established in the Treasury of \n the United States a trust fund to be known as the ``Global \n Climate Change Adaptation and Mitigation Trust Fund'', \n consisting of such amounts as may be appropriated or credited \n to the Global Climate Change Adaptation and Mitigation Trust \n Fund as provided in this section.\n (2) Transfer to trust fund of amounts equivalent to certain \n taxes.--There are hereby appropriated to the Global Climate \n Change Adaptation and Mitigation Trust Fund, out of any money \n in the Treasury not otherwise appropriated, amounts equivalent \n to 25 percent of the taxes received in the Treasury under \n section 4475 of the Internal Revenue Code of 1986.\n (3) Expenditures from trust fund.--Amounts in the Global \n Climate Change Adaptation and Mitigation Trust Fund shall be \n available, as provided by appropriation Acts, for making \n expenditures to carry out subsection (b).\n (4) Management of trust fund.--For purposes of subchapter B \n of chapter 98 of the Internal Revenue Code of 1986, the \n provisions of this subsection shall be treated as provisions of \n subchapter A of such chapter.\n (b) Global Climate Change Adaptation and Mitigation Program.--\n (1) In general.--Any appropriation under subsection (a)(3) \n from the Global Climate Change Adaptation and Mitigation Trust \n Fund shall be made for contributions to the Green Climate Fund, \n and the Adaptation Fund, established pursuant to the United \n Nations Framework Convention on Climate Change (UNFCCC).\n (2) Funding to be additional.--It is the sense of the \n Congress that contributions made under this subsection shall be \n in addition to (and shall not be a replacement for) other \n funding for global climate change adaptation and mitigation \n initiatives in developing countries.\n\nSEC. 6. DEFICIT REDUCTION.\n\n The amount of taxes received in the Treasury under section 4475 of \nthe Internal Revenue Code of 1986 (reduced by amounts appropriated \nunder sections 3, 4, and 5) shall be used for deficit reduction, except \nthat in the case of a fiscal year for which there is no Federal budget \ndeficit, such amount shall be used to reduce the Federal debt (in such \nmanner as the Secretary of the Treasury considers appropriate).","summary":"Investing in Our Future Act of 2011- Amends the Internal Revenue Code to impose an excise tax on currency transactions exceeding $10,000 equal to 0.005 of the value of the currency acquired in the transaction . Establishes in the Treasury: (1) the Child Care Assistance Trust Fund, which shall be funded with 10 of the revenues from the currency transactions tax and which shall be used to provide increased allocations to states for child care assistance. (2) the Multilateral Global Health Trust Fund, which shall be funded with 25 of the revenues from such tax and from which the Secretary of State shall make grants to assist developing countries in addressing HIVAIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues. And (3) the Global Climate Change Adaptation and Mitigation Trust Fund, which shall be funded with 25 of the revenues from such tax and which shall be used for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change. Requires remaining tax revenues to be used for federal budget deficit reduction or reduction of the federal debt.","title":"To amend the Internal Revenue Code of 1986 to impose an excise tax on currency transactions.","text_len":18999,"sum_len":1201} {"bill_id":"113_s716","text":"SECTION 1. MODIFICATIONS OF ONLINE ACCESS TO CERTAIN FINANCIAL \nDISCLOSURE STATEMENTS AND RELATED FORMS.\n (a) Public, Online Disclosure of Financial Disclosure Forms.--\n (1) In general.--Except with respect to financial disclosure \n forms filed by officers and employees referred to in paragraph (2), \n section 8(a) and section 11(a) of the STOCK Act (5 U.S.C. App. 105 \n note) shall not be effective.\n (2) Exempted officers and employees.--The officer and employees \n referred to in paragraph (1) are the following:\n (A) The President.\n (B) The Vice President.\n (C) Any Member of Congress.\n (D) Any candidate for Congress.\n (E) Any officer occupying a position listed in section 5312 \n or section 5313 of title 5, United States Code, having been \n nominated by the President and confirmed by the Senate to that \n position.\n (3) Conforming amendment.--Section 1 of the Act entitled ``An \n Act to change the effective date for the internet publication of \n certain information to prevent harm to the national security or \n endangering the military officers and civilian employees to whom \n the publication requirement applies, and for other purposes'' is \n repealed.\n (b) Electronic Filing and Online Availability.--\n (1) For members of congress and candidates.--Section 8(b) of \n the STOCK Act (5 U.S.C. App. 105 note) is amended--\n (A) in the heading, by striking ``, Officers of the House \n and Senate, and Congressional Staff'';\n (B) in paragraph (1)--\n (i) by striking ``18 months after the date of enactment \n of this Act'' and inserting ``January 1, 2014'';\n (ii) by amending subparagraph (B) to read as follows:\n ``(B) public access to--\n ``(i) financial disclosure reports filed by Members of \n Congress and candidates for Congress,\n ``(ii) reports filed by Members of Congress and \n candidates for Congress of a transaction disclosure \n required by section 103(l) of the Ethics in Government Act \n of 1978, and\n ``(iii) notices of extensions, amendments, and blind \n trusts, with respect to financial disclosure reports \n described in clauses (i) and (ii),\n pursuant to title I of the Ethics in Government Act of 1978 (5 \n U.S.C. App. 101 et seq.), through databases that are maintained \n on the official websites of the House of Representatives and \n the Senate.'';\n (C) in paragraph (2)--\n (i) by striking the first two sentences; and\n (ii) in the last sentence, by striking ``under this \n section'' and inserting ``under paragraph (1)(B)'';\n (D) in paragraph (3), by striking ``under this subsection'' \n and inserting ``under paragraph (1)(B)'';\n (E) in paragraph (4), by inserting ``be able to'' after \n ``shall''; and\n (F) in paragraph (5), by striking ``under this subsection'' \n and inserting ``under paragraph (1)(B)''.\n (2) For executive branch officials.--Section 11(b) of the STOCK \n Act (5 U.S.C. App. 105 note) is amended--\n (A) in the heading, by striking ``Employees'' and inserting \n ``Officials'' ;\n (B) in paragraph (1)--\n (i) by striking ``18 months after the date of enactment \n of this Act'' and inserting ``January 1, 2014'';\n (ii) by amending subparagraph (B) to read as follows:\n ``(B) public access to--\n ``(i) financial disclosure reports filed by the \n President, the Vice President, and any officer occupying a \n position listed in section 5312 or section 5313 of title 5, \n United States Code, having been nominated by the President \n and confirmed by the Senate to that position,\n ``(ii) reports filed by any individual described in \n clause (i) of a transaction disclosure required by section \n 103(l) of the Ethics in Government Act of 1978, and\n ``(iii) notices of extensions, amendments, and blind \n trusts, with respect to financial disclosure reports \n described in clauses (i) and (ii),\n pursuant to title I of the Ethics in Government Act of 1978 (5 \n U.S.C. App. 101 et seq.), through databases that are maintained \n on the official website of the Office of Government Ethics.'';\n (C) in paragraph (2)--\n (i) by striking the first two sentences; and\n (ii) in the last sentence, by striking ``under this \n section'' and inserting ``under paragraph (1)(B)'';\n (D) in paragraph (3), by striking ``under this subsection'' \n and inserting ``under paragraph (1)(B)'';\n (E) in paragraph (4), by inserting ``be able to'' after \n ``shall''; and\n (F) in paragraph (5), by striking ``under this subsection'' \n and inserting ``under paragraph (1)(B)''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends the Stop Trading on Congressional Knowledge Act of 2012 with respect to mandatory public, on-line reporting of financial disclosure statements by congressional staff and executive branch officers and employees. Applies mandatory public, on-line reporting of financial disclosure statements only to Members of Congress, congressional candidates, the President, the Vice President, and executive branch officers at levels I and II of the Executive Schedule who require nomination by the President and confirmation by the Senate. Extends until January 1, 2014, the deadline for: the Secretary, the Sergeant at Arms, and the Clerk to develop systems to enable the electronic filing of financial disclosure reports as well as their on-line public availability. The Director of the Office of Government Ethics to develop such systems for financial disclosure forms filed by covered executive branch officials. Repeals: (1) the prohibition against requiring a login to search or sort the data contained in the publicly available financial disclosure systems, and (2) the requirement that a login protocol with the name of the user be utilized by a person downloading data contained in the reports.","title":"A bill to modify the requirements under the STOCK Act regarding online access to certain financial disclosure statements and related forms.","text_len":5423,"sum_len":1197} {"bill_id":"108_s1197","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Consumer Assurance of Radiologic \nExcellence Act of 2003''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) More than 300,000,000 medical imaging examinations and \n radiation therapy treatments are administered annually in the \n United States.\n (2) Seven out of every 10 Americans undergo a medical \n imaging examination or radiation therapy treatment every year \n in the United States.\n (3) The administration of medical imaging examinations and \n radiation therapy treatments and the effect on individuals of \n such procedures have a substantial and direct effect upon \n public health and safety and upon interstate commerce.\n (4) It is in the interest of public health and safety to \n minimize unnecessary or inappropriate exposure to radiation due \n to the performance of medical imaging and radiation therapy \n procedures by personnel lacking appropriate education and \n credentials.\n (5) It is in the interest of public health and safety to \n have a continuing supply of adequately educated persons and \n appropriate accreditation and certification programs \n administered by State governments.\n (6) Persons who perform or plan medical imaging or \n radiation therapy, including those employed at Federal \n facilities or reimbursed by Federal health programs, should be \n required to demonstrate competence by reason of education, \n training, and experience.\n (7) The protection of public health and safety from \n unnecessary or inappropriate medical imaging and radiation \n therapy procedures and the assurance of efficacious procedures \n are the responsibilities of both the State and the Federal \n Governments.\n (8) Facilities that conduct medical imaging or radiation \n therapy engage in and affect interstate commerce. Patients \n travel regularly across State lines to receive medical imaging \n services or radiation therapy. Facilities that conduct medical \n imaging or radiation therapy engage technicians, physicians, \n and other staff in an interstate market, and purchase medical \n and other supplies in an interstate market.\n (9) In 1981, Congress enacted the Consumer-Patient \n Radiation Health and Safety Act of 1981 (Public Law 97-35) \n which established minimum Federal standards for the \n accreditation of education programs for persons who perform or \n plan medical imaging examinations and radiation therapy \n treatments and for the certification of such persons. The Act \n also provided the States with a model State law for the \n licensing of such persons.\n (10) Twenty-two years after the enactment of the Consumer-\n Patient Radiation Health and Safety Act of 1981--\n (A) 13 States do not require licensure of any kind \n for persons who perform or plan medical imaging \n examinations and radiation therapy treatments;\n (B) 37 States license, regulate, or register \n radiographers;\n (C) 28 States license radiation therapists;\n (D) 22 States license nuclear medicine \n technologists;\n (E) 8 States license or require board certification \n of medical physicists; and\n (F) no States regulate or license medical \n dosimetrists.\n (b) Purposes.--The purposes of this Act are--\n (1) to ensure the accreditation of education programs for, \n and the licensure or certification of, persons who perform, \n plan, evaluate, or verify patient dose for medical imaging \n examinations and radiation therapy treatments; and\n (2) to ensure the safety and accuracy of medical imaging \n examinations and radiation therapy treatments.\n\nSEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.\n\n Part F of title III of the Public Health Service Act (42 U.S.C. 262 \net seq.) is amended by adding at the end the following:\n\n ``Subpart 4--Medical Imaging and Radiation Therapy\n\n``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.\n\n ``(a) In General.--The Secretary shall establish standards to \nassure the safety and accuracy of medical imaging or radiation therapy. \nSuch standards shall include licensure or certification, accreditation, \nand other requirements determined by the Secretary to be appropriate.\n ``(b) Exemptions.--The standards established under subsection (a) \nshall not apply to physicians (as defined in section 1861(r) of the \nSocial Security Act (42 U.S.C. 1395x(r))), nurse practitioners and \nphysician assistants (as defined in section 1861(aa)(5) of the Social \nSecurity Act (42 U.S.C. 1395x(aa)(5))).\n ``(c) Requirements.--Under the standards established under \nsubsection (a), the Secretary shall ensure that individuals prior to \nperforming or planning such imaging or therapy--\n ``(1) have successfully completed a national examination \n approved by the Secretary under subsection (d) for individuals \n who perform or plan medical imaging or radiation therapy; and\n ``(2) meet such other requirements relating to medical \n imaging or radiation therapy as the Secretary may prescribe.\n ``(d) Approved Bodies.--\n ``(1) In general.--The Secretary shall certify private \n nonprofit organizations or State agencies as approved bodies \n with respect to the accreditation of educational programs or \n the administration of examinations to individuals for purposes \n of subsection (c)(1) if such organizations or agencies meet the \n standards established by the Secretary under paragraph (2) and \n provide the assurances required under paragraph (3).\n ``(2) Standards.--The Secretary shall establish minimum \n standards for the certification of approved bodies under \n paragraph (1) (including standards for recordkeeping, the \n approval of curricula and instructors, the charging of \n reasonable fees for accreditation or for undertaking \n examinations), and other additional standards as the Secretary \n may require.\n ``(3) Assurances.--To be certified as an approved body \n under paragraph (1), an organization or agency shall provide \n the Secretary satisfactory assurances that the body will--\n ``(A) comply with the standards described in \n paragraph (2);\n ``(B) notify the Secretary in a timely manner \n before the approved body changes the standards of the \n body; and\n ``(C) provide such other information as the \n Secretary may require.\n ``(4) Withdrawal of approval.--\n ``(A) In general.--The Secretary may withdraw the \n certification of an approved body if the Secretary \n determines the body does not meet the standards under \n paragraph (2).\n ``(B) Effect of withdrawal.--If the Secretary \n withdraws the certification of an approved body under \n subparagraph (A), the accreditation of an individual or \n the completion of an examination administered by such \n body shall continue in effect until the expiration of a \n reasonable period, as determined by the Secretary, for \n such individual to obtain another accreditation or to \n complete another examination.\n ``(e) Existing State Standards.--Standards for the licensure or \ncertification of personnel, accreditation of educational programs, or \nadministration of examinations, established by a State prior to the \neffective date of the standards promulgated under this section, shall \nbe deemed to be in compliance with the requirements of this section \nunless the Secretary determines that such State standards do not meet \nthe minimum standards prescribed by the Secretary or are inconsistent \nwith the purposes of this section.\n ``(f) Evaluation and Report.--The Secretary shall periodically \nevaluate the performance of each approved body under subsection (d) at \nan interval determined appropriate by the Secretary. The results of \nsuch evaluations shall be included as part of the report submitted to \nthe Committee on Health, Education, Labor, and Pensions of the Senate \nand the Committee on Energy and Commerce of the House of \nRepresentatives in accordance with 354(e)(6)(B).\n ``(g) Delivery of and Payment for Services.--Not later than 18 \nmonths after the date of enactment of this section, the Secretary shall \npromulgate regulations to ensure that all programs that involve the \nperformance of or payment for medical imaging or radiation therapy, \nthat are under the authority of the Secretary, are performed in \naccordance with the standards established under this section.\n ``(h) Alternative Standards for Rural Areas.--The Secretary shall \ndetermine whether the standards developed under subsection (a) must be \nmet in their entirety with respect to payment for medical imaging or \nradiation therapy that is performed in a geographic area that is \ndetermined by the Medicare Geographic Classification Review Board to be \na `rural area'. If the Secretary determines that alternative standards \nfor such rural areas are appropriate to assure access to quality \nmedical imaging, the Secretary is authorized to develop such \nalternative standards. Alternative standards developed under this \nsubsection shall apply in rural areas to the same extent and in the \nsame manner as standards developed under subsection (a) apply in other \nareas.\n ``(i) Regulations.--Not later than 18 months after the date of \nenactment of this section, the Secretary shall promulgate such \nregulations as may be necessary to implement this section.\n ``(j) Definitions.--In this section:\n ``(1) Approved body.--The term `approved body' means a \n nonprofit organization or State agency that has been certified \n by the Secretary under subsection (d)(1) to accredit or \n administer examinations to individuals who perform or plan \n medical imaging or radiation therapy.\n ``(2) Medical imaging.--The term `medical imaging' means \n any procedure or article, excluding medical ultrasound \n procedures, intended for use in the diagnosis or treatment of \n disease or other medical or chiropractic conditions in humans, \n including diagnostic X-rays, nuclear medicine, and magnetic \n resonance procedures.\n ``(3) Perform.--The term `perform', with respect to medical \n imaging or radiation therapy, means--\n ``(A) the act of directly exposing a patient to \n radiation via ionizing or radio frequency radiation or \n to a magnetic field for purposes of medical imaging or \n for purposes of radiation therapy; and\n ``(B) the act of positioning a patient to receive \n such an exposure.\n ``(4) Plan.--The term `plan' with respect to medical \n imaging or radiation therapy, means the act of preparing for \n the performance of such a procedure to a patient by evaluating \n site-specific information, based on measurement and \n verification of radiation dose distribution, computer analysis, \n or direct measurement of dose, in order to customize the \n procedure for the patient.\n ``(5) Radiation therapy.--The term `radiation therapy', \n means any procedure or article intended for use in the cure, \n mitigation, treatment, or prevention of disease in humans that \n achieves its intended purpose through the emission of \n radiation.''.","summary":"Consumer Assurance of Radiologic Excellence Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of medical imaging or radiation therapy. States that such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary. Exempts the standards from applying to physicians, nurse practitioners, and physician assistants. Requires individuals prior to performing or preparing such imaging or therapy to have successfully completed a national exam approved by the Secretary. Directs the Secretary to certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations if such organizations or agencies meet certain standards and give certain assurances. Allows the Secretary to withdraw approval from an approved body. Permits the Secretary to develop alternative standards for rural areas if such action is needed to assure access to quality medical imaging.","title":"A bill to amend the Public Health Service Act to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments.","text_len":12266,"sum_len":1121} {"bill_id":"108_hr1414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Rule of Law and \nAntiterrorism Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) It is in the national security interest of the United \n States to support efforts to restore the rule of law in post-\n conflict and failed countries in order to prevent such \n countries from becoming safe havens for terrorist organizations \n and organized crime networks that threaten the security of \n United States interests, citizens, and its allies.\n (2) The responsibility of a civilian police force within a \n United Nations international peace operation is to help \n establish and maintain the rule of law and provide for the \n security necessary for post-conflict reconstruction to take \n place.\n (3) The restoration of the rule of law, despite its \n importance, remains a significant weakness of current United \n Nations international peace operations.\n\nSEC. 3. SUPPORT FOR THE CREATION OF A PROFESSIONAL UN CIVILIAN POLICE \n CORPS (UNCPC).\n\n (a) Findings.--Congress finds the following:\n (1) The creation of a professional United Nations civilian \n police corps (UNCPC) would--\n (A) greatly reduce the current need for combat \n soldiers to engage in civilian policing activities;\n (B) allow combat soldiers who are deployed to be \n withdrawn earlier from a post-conflict situation \n without compromising security;\n (C) allow the United Nations to more rapidly and \n effectively take responsibility for maintaining a \n secure environment that allows aid providers to move \n forward with relief, development, and democracy-\n building tasks;\n (D) permit the United Nations to recruit civilian \n police personnel with the appropriate levels of \n expertise and training in police procedures and United \n Nations international peace operations, as determined \n by international standards to be established by the \n United Nations member states through negotiations; and\n (E) institute a system of accountability for \n civilian police in United Nations international peace \n operations, augmenting present civil disciplinary \n procedures with a standard code of conduct and an \n enforcement mechanism implemented in collaboration with \n United Nations member states.\n (2) The right of the United States to exercise its veto \n within the United Nations Security Council ensures that no \n action taken by the United Nations would be detrimental to the \n interests of the United States.\n (b) Negotiations to Establish a UN Civilian Police Corps.--The \nPresident shall--\n (1) direct the United States Permanent Representative to \n the United Nations to use the voice, vote, and influence of the \n United States to establish negotiations with the United Nations \n and United Nations member states to establish a professional \n United Nations civilian police corps (UNCPC);\n (2) direct the Secretary of State to request that the \n United Nations Secretariat prepare a report concerning the \n establishment of a professional United Nations civilian police \n corps; and\n (3) direct the Secretary of State to work with the United \n Nations Secretariat and other United Nations member states to \n establish standards and training programs for international \n civilian police.\n (c) Sense of Congress.--It is the sense of Congress that a \nprofessional United Nations civilian police corps established in \naccordance with subsection (b)--\n (1) should be composed of the appropriate number of law \n enforcement professionals recruited and employed by the United \n Nations who are appropriately trained and equipped for civilian \n policing functions in United Nations international peace \n operations and available for rapid deployment to such \n international peace operations as needed;\n (2) should be able to deploy not later than 15 days after \n the date on which a deployment is authorized pursuant to a \n United Nations Security Council resolution;\n (3) should be managed by the United Nations Civilian Police \n Division, established in October 2000 and mandated to plan and \n support the work of United Nations civilian police officers in \n United Nations peacekeeping operations; and\n (4) should be given the appropriate resources to do its job \n properly, including funding, equipment, training, logistical \n support, and staffing, including support personnel as well as \n corrections and judicial law enforcement professionals.\n\nSEC. 4. REPORT ON STATUS OF NEGOTIATIONS.\n\n Not later than 6 months after the date of the enactment of this \nAct, and annually thereafter, the President shall transmit to the \nCommittee on International Relations of the House of Representatives \nand the Committee on Foreign Relations of the Senate a report that \ncontains a detailed description of the progress of negotiations to \nestablish a professional United Nations civilian police corps in \naccordance with section 3(b).\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Rule of law.--The term ``rule of law'' means the \n ability of a country, through institutions and other means, to \n ensure the security and well being of its citizens through the \n enforcement of public laws.\n (2) United nations international peace operation.--The term \n ``United Nations international peace operation'' means a field \n operation conducted by the United Nations, or under the \n authority of the United Nations Security Council, for the \n purpose of implementing a peace agreement, the mandate of which \n may include establishing a secure post-conflict environment and \n restoring the rule of law, to enable reconstruction and \n development efforts to be established and carried out.","summary":"International Rule of Law and Antiterrorism Act of 2003 - Requires the President to direct: (1) the US Permanent Representative to the United Nations (UN) to use the US vote to establish negotiations with the UN to establish a professional UN civilian police corps (UNCPC). (2) the Secretary of State (Secretary) to request that the UN Secretariat prepare a report concerning the UNCPC's establishment. And (3) the Secretary to work with the UN Secretariat and other UN member states to establish standards and training programs for international civilian police. Expresses the sense of Congress that the UNCPC should: (1) be composed of enforcement professionals who are appropriately trained and equipped for civilian policing functions in UN international peace operations and available for rapid deployment to such operations as needed. (2) be able to deploy not later than 15 days after deployment is authorized pursuant to a UN Security Council resolution, (3) be managed by the UN Civilian Police Division. And (4) be given the appropriate resources to properly do its job. Requires the President to report annually to specified congressional committees on the progress to establish a UNCPC.","title":"To facilitate the establishment of a United Nations civilian police corps for international peace operations to maintain the rule of law and promote peace and stability in post-conflict situations.","text_len":6492,"sum_len":1198} {"bill_id":"112_s1154","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Honoring Promises to Service-\nDisabled Veterans Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Federal agencies have an obligation to comply with the \n Veterans Entrepreneurship and Small Business Development Act of \n 1999 (Public Law 106-50; 113 Stat. 233), and the amendments \n made by that Act, which established a Government-wide goal that \n not less than 3 percent of the total value of all prime \n contracts and subcontracts be awarded to small business \n concerns owned and controlled by service-disabled veterans each \n fiscal year (referred to in this section as the ``Government-\n wide goal for service-disabled veterans'').\n (2) Progress in meeting the Government-wide goal for \n service-disabled veterans has been unacceptably slow.\n (3) Prime contractors doing business with the United States \n Government have an obligation to do their part to meet the \n Government-wide goal for service-disabled veterans.\n (4) The public has a right to know whether the Executive \n departments (as defined in section 101 of title 5, United \n States Code) and prime contractors are meeting the Government-\n wide goal for service-disabled veterans.\n\nSEC. 3. TRANSPARENCY IN CONTRACTING GOALS FOR SMALL BUSINESS CONCERNS \n OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.\n\n Section 15 of the Small Business Act (15 U.S.C. 644) is amended by \nadding at the end the following:\n ``(s) Transparency in Contracting Goals for Small Business Concerns \nOwned and Controlled by Service-Disabled Veterans.--\n ``(1) Definitions.--In this subsection--\n ``(A) the term `covered contractor' means a \n contractor that is required to submit a subcontracting \n plan under section 8(d) to an Executive department; and\n ``(B) the term `Executive department' has the \n meaning given that term in section 101 of title 5, \n United States Code.\n ``(2) Reports to administrator.--Three months after the \n date of enactment of this subsection, and quarterly thereafter, \n the head of each Executive department shall submit to the \n Administrator a report that contains--\n ``(A) the percentage of the total value of all \n prime contracts awarded by the Executive department to \n small business concerns owned and controlled by \n service-disabled veterans during the 3-month period \n ending on the date of the report;\n ``(B) the name of each covered contractor to which \n the Executive department awards a contract;\n ``(C) for each contract awarded to a covered \n contractor by the Executive department--\n ``(i) the percentage goal negotiated under \n section 8(d)(6)(A) for the utilization as \n subcontractors of small business concerns owned \n and controlled by service-disabled veterans; \n and\n ``(ii) if the contract is completed during \n the 3-month period ending on the date of the \n report, the percentage of the total value of \n subcontracts entered into by the covered \n contractor awarded to small business concerns \n owned and controlled by service-disabled \n veterans;\n ``(D) the weighted average percentage goal \n negotiated by each covered contractor under section \n 8(d)(6)(A) for the utilization as subcontractors of \n small business concerns owned and controlled by \n service-disabled veterans for all contracts awarded by \n the Executive department to the covered contractor; and\n ``(E) for all contracts awarded to covered \n contractors by the Executive department that are \n completed during the 3-month period ending on the date \n of the report, the percentage of the total value of all \n subcontracts awarded by covered contractors that were \n awarded to small business concerns owned and controlled \n by service-disabled veterans.\n ``(3) Rankings.--For the first full fiscal year following \n the date of enactment of this subsection, and each fiscal year \n thereafter, the Administrator shall rank--\n ``(A) the Executive departments, based on--\n ``(i) the percentage of the total value of \n prime contracts awarded by the Executive \n departments to small business concerns owned \n and controlled by service-disabled veterans; \n and\n ``(ii) the percentage of the total value of \n subcontracts awarded by covered contractors \n that are awarded contracts by the Executive \n departments to small business concerns owned \n and controlled by service-disabled veterans; \n and\n ``(B) covered contractors, based on the percentage \n of the total value of subcontracts awarded by the \n covered contractors to small business concerns owned \n and controlled by service-disabled veterans.\n ``(4) Publication.--\n ``(A) Website.--Except as provided in subparagraph \n (B), the Administrator shall publish on a website \n accessible to the public a user-friendly, \n electronically searchable report containing--\n ``(i) the information submitted to the \n Administrator under paragraph (2); and\n ``(ii) the rankings made by the \n Administrator under paragraph (3).\n ``(B) Exception for national security.--If the head \n of an Executive department determines that publication \n of information contained in a report submitted under \n paragraph (2) would be detrimental to national \n security, the Administrator shall not publish the \n information on the website described in subparagraph \n (A).\n ``(C) Updating.--The Administrator shall update the \n contents of the website described in subparagraph (A) \n not less frequently than quarterly.\n ``(5) Reports to congress.--\n ``(A) Annual report.--The Administrator shall \n submit to Congress an annual report on the progress of \n each Executive department toward meeting the \n Government-wide goals for contracting and \n subcontracting established under subsection (g).\n ``(B) Contents.--Each report under this paragraph \n shall include--\n ``(i) a statement of whether the website \n described in paragraph (4) contains the latest \n data reported to the Administrator by the \n Executive departments; and\n ``(ii) a recommendation of a prime \n contractor that should be recognized by \n Congress for outstanding progress in \n contracting with small business concerns owned \n and controlled by service-disabled veterans.\n ``(6) Rule of construction.--Nothing in this subsection may \n be construed to affect any other reporting requirement under \n Federal law.''.","summary":"Honoring Promises to Service-Disabled Veterans Act of 2011 - Amends the Small Business Act to direct the head of each executive department to submit a quarterly report to the Administrator of the Small Business Administration (SBA) containing the percentage of the total value of all prime contracts awarded by the executive department during the preceding three-month period to small business concerns owned and controlled by service-disabled veterans, including, along with other specified percentages, for contracts awarded to certain contractors required to submit a subcontracting plan, the negotiated percentage goal for utilization of such subcontractors and the total value of subcontracts entered into by the contractor awarded to service-disabled veteran small business concerns. Requires the Administrator to: (1) annually rank the executive departments and contractors concerned based on specified contracting and subcontracting percentages. (2) publish and update at least quarterly, on a publicly accessible website, subject to exceptions for information detrimental to national security, such information reported by the executive departments and the Administrator's annual rankings. And (3) submit to Congress an annual report on the progress of each executive department toward meeting the government-wide goal for service-disabled veterans established in the Veterans Entrepreneurship and Small Business Development Act of 1999.","title":"A bill to require transparency for Executive departments in meeting the Government-wide goals for contracting with small business concerns owned and controlled by service-disabled veterans, and for other purposes.","text_len":8264,"sum_len":1446} {"bill_id":"106_hr4519","text":"TITLE I--BAYLEE'S LAW\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as ``Baylee's Law''.\n\nSEC. 102. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.\n\n The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended \nby adding at the end the following:\n\n``SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.\n\n ``(a) Written Notice to Parents or Guardians.--\n ``(1) Initial notification.--Before the enrollment of any \n child in a childcare facility located in a public building \n under the control of the Administrator, the Administrator shall \n provide to the parents or guardians of the child a written \n notification containing--\n ``(A) an identification of the current tenants in \n the public building; and\n ``(B) the designation of the level of security of \n the public building.\n ``(2) Notification of new tenants.--After providing a \n written notification to the parents or guardians of a child \n under paragraph (1), the Administrator shall provide to the \n parents or guardians a written notification if any new Federal \n tenant is scheduled to take occupancy in the public building.\n ``(b) Notification of Serious Threats to Safety or Security.--As \nsoon as practicable after being informed of a serious threat, as \ndetermined by the Administrator, that could affect the safety and \nsecurity of children enrolled in a childcare facility in a public \nbuilding under the control of the Administrator, the Administrator \nshall provide notice of the threat to the parents or guardians of each \nchild in the facility.\n ``(c) Report to Congress.--\n ``(1) In general.--Not later than 1 year after the date of \n the enactment of this section, the Administrator shall transmit \n to Congress a comprehensive report on childcare facilities in \n public buildings under the control of the Administrator.\n ``(2) Contents.--The report to be transmitted under \n paragraph (1) shall include--\n ``(A) an identification and description of each \n childcare facility located in a public building under \n the control of the Administrator; and\n ``(B) an assessment of the level of safety and \n security of children enrolled in the childcare facility \n and recommendations on methods for enhancing that \n safety and security.\n ``(3) Windows and interior furnishings.--In conducting an \n assessment of a childcare facility under paragraph (2)(B), the \n Administrator shall examine the windows and interior \n furnishings of the facility to determine whether adequate \n protective measures have been implemented to protect children \n in the facility against the dangers associated with windows and \n interior furnishings in the event of a natural disaster or \n terrorist attack, including the deadly effect of flying \n glass.''.\n\n TITLE II--FEDERAL PROTECTIVE SERVICE REFORM\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Federal Protective Service Reform \nAct of 2000''.\n\nSEC. 202. DESIGNATION OF POLICE OFFICERS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--\n (1) in section 1 by striking the section heading and \n inserting the following:\n\n``SECTION 1. POLICE OFFICERS.'';\n\n (2) in sections 1 and 3 by striking ``special policemen'' \n each place it appears and inserting ``police officers'';\n (3) in section 1(a) by striking ``uniformed guards'' and \n inserting ``certain employees''; and\n (4) in section 1(b) by striking ``Special policemen'' and \n inserting the following:\n ``(1) In general.--Police officers''.\n\nSEC. 203. POWERS.\n\n Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is \nfurther amended--\n (1) by adding at the end the following:\n ``(2) Additional powers.--Subject to paragraph (3), a \n police officer appointed under this section is authorized while \n on duty--\n ``(A) to carry firearms in any State, the District \n of Columbia, the Commonwealth of Puerto Rico, or any \n territory or possession of the United States;\n ``(B) to petition Federal courts for arrest and \n search warrants and to execute such warrants;\n ``(C) to arrest an individual without a warrant if \n the individual commits a crime in the officer's \n presence or if the officer has probable cause to \n believe that the individual has committed a crime or is \n committing a crime; and\n ``(D) to conduct investigations, on and off the \n property in question, of offenses that have been or may \n be committed against property under the charge and \n control of the Administrator or against persons on such \n property.\n ``(3) Approval of regulations by attorney general.--The \n additional powers granted to police officers under paragraph \n (2) shall become effective only after the Commissioner of the \n Federal Protective Service issues regulations implementing \n paragraph (2) and the Attorney General of the United States \n approves such regulations.\n ``(4) Authority outside federal property.--The \n Administrator may enter into agreements with State and local \n governments to obtain authority for police officers appointed \n under this section to exercise, concurrently with State and \n local law enforcement authorities, the powers granted to such \n officers under this section in areas adjacent to property owned \n or occupied by the United States and under the charge and \n control of the Administrator.''; and\n (2) by moving the left margin of paragraph (1) (as \n designated by section 202(4) of this Act) so as to \n appropriately align with paragraphs (2), (3), and (4) (as added \n by paragraph (1) of this subsection).\n\nSEC. 204. PENALTIES.\n\n Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is \namended to read as follows:\n ``(a) In General.--Except as provided in subsection (b), whoever \nviolates any rule or regulation promulgated pursuant to section 2 shall \nbe fined or imprisoned, or both, in an amount not to exceed the maximum \namount provided for a Class C misdemeanor under sections 3571 and 3581 \nof title 18, United States Code.''.\n\nSEC. 205. SPECIAL AGENTS.\n\n Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--\n (1) by striking ``nonuniformed special policemen'' each \n place it appears and inserting ``special agents'';\n (2) by striking ``special policeman'' and inserting \n ``special agent''; and\n (3) by adding at the end the following: ``Any such special \n agent while on duty shall have the same authority outside \n Federal property as police officers have under section \n 1(b)(4).''.\n\nSEC. 206. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.\n\n (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is \namended by adding at the end the following:\n\n``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.\n\n ``(a) In General.--The Administrator of General Services shall \nestablish the Federal Protective Service as a separate operating \nservice of the General Services Administration.\n ``(b) Appointment of Commissioner.--\n ``(1) In general.--The Federal Protective Service shall be \n headed by a Commissioner who shall be appointed by and report \n directly to the Administrator.\n ``(2) Qualifications.--The Commissioner shall be appointed \n from among individuals who have at least 5 years of \n professional law enforcement experience in a command or \n supervisory position.\n ``(c) Duties of the Commissioner.--The Commissioner shall--\n ``(1) assist the Administrator in carrying out the duties \n of the Administrator under this Act;\n ``(2) except as otherwise provided by law, serve as the law \n enforcement officer and security official of the United States \n with respect to the protection of Federal officers and \n employees in buildings and areas that are owned or occupied by \n the United States and under the charge and control of the \n Administrator (other than buildings and areas that are secured \n by the United States Secret Service);\n ``(3) render necessary assistance, as determined by the \n Administrator, to other Federal, State, and local law \n enforcement agencies upon request; and\n ``(4) coordinate the activities of the Commissioner with \n the activities of the Commissioner of the Public Buildings \n Service.\nNothing in this subsection may be construed to supersede or otherwise \naffect the duties and responsibilities of the United States Secret \nService under sections 1752 and 3056 of title 18, United States Code.\n ``(d) Appointment of Regional Directors and Assistant \nCommissioners.--\n ``(1) In general.--The Commissioner may appoint regional \n directors and assistant commissioners of the Federal Protective \n Service.\n ``(2) Qualifications.--The Commissioner shall select \n individuals for appointments under paragraph (1) from among \n individuals who have at least 5 years of direct law enforcement \n experience, including at least 2 years in a supervisory \n position.''.\n (b) Pay Level of Commissioner.--Section 5316 of title 5, United \nStates Code, is amended by inserting after the paragraph relating to \nthe Commissioner of the Public Buildings Service the following:\n ``Commissioner, Federal Protective Service, General \n Services Administration.''.\n\nSEC. 207. PAY AND BENEFITS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 7. PAY AND BENEFITS.\n\n ``(a) Survey.--The Director of the Office of Personnel Management \nshall conduct a survey of the pay and benefits of all Federal police \nforces to determine whether there are disparities between the pay and \nbenefit of such forces that are not commensurate with differences in \nduties or working conditions.\n ``(b) Report.--Not later than 12 months after the date of the \nenactment of this section, the Director shall transmit to Congress a \nreport containing the results of the survey conducted under subsection \n(a), together with the Director's findings and recommendations.''.\n\nSEC. 208. NUMBER OF POLICE OFFICERS.\n\n (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is \nfurther amended by adding at the end the following:\n\n``SEC. 8. NUMBER OF POLICE OFFICERS.\n\n ``After the 1-year period beginning on the date of the enactment of \nthis section, there shall be at least 730 full-time equivalent police \nofficers in the Federal Protective Service. This number shall not be \nreduced unless specifically authorized by law.''.\n\nSEC. 209. EMPLOYMENT STANDARDS AND TRAINING.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.\n\n ``The Commissioner of the Federal Protective Service shall \nprescribe minimum standards of suitability for employment to be applied \nin the contracting of security personnel for buildings and areas that \nare owned or occupied by the United States and under the control and \ncharge of the Administrator of General Services.''.\n\nSEC. 210. AUTHORIZATION OF APPROPRIATIONS.\n\n The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by \nadding at the end the following:\n\n``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated from the Federal Buildings \nFund established by section 210(f) of the Federal Property and \nAdministrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may \nbe necessary to carry out this Act.''.\n\n Passed the House of Representatives September 26, 2000.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Requires the Administrator, after being informed of a serious threat that could affect the safety and security of children enrolled in such a childcare facility, to provide notice of the threat to the parents or guardians of each child in the facility. Requires the Administrator to transmit to Congress a comprehensive report on such childcare facilities which includes: (1) an identification and description of each facility. And (2) an assessment of the level of safety and security of children enrolled in the facility and recommendations for enhancing that safety and security. Requires that the Administrator, in conducting such an assessment, examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass. Title II: Federal Protective Service Reform - Federal Protective Service Reform Act of 2000 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. Empowers such police officers while on duty (effective only after the Commissioner of the Federal Protective Service to: (1) carry firearms. (2) petition Federal courts for and execute arrest and search warrants, (3) make arrests without a warrant. And (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator. Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. Empowers special agents with the same authority outside Federal property as police officers have. Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator. And (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator. (2) serve as the US law enforcement officer and security official with respect to the protection of Federal officers and employees in such property , except as otherwise prohibited by law. (3) render assistance to other Federal, State, and local law enforcement agencies upon request. And (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. Requires the Director of the Office of Personnel Management to: (1) conduct a survey of the pay and benefits of all Federal police forces to determine whether there are any disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions. And (2) transmit to Congress a report containing the results of such survey, together with the Director's findings and recommendations. Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property. Authorizes appropriations from the Federal Buildings Fund.","title":"Baylee's Law","text_len":12674,"sum_len":3783} {"bill_id":"110_s2343","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Real Estate Transparency Act of \n2007''.\n\nSEC. 2. GREATER TRANSPARENCY OF SETTLEMENT FEES.\n\n (a) In General.--Section 4 of the Real Estate Settlement Procedures \nAct of 1974 (12 U.S.C. 2603) is amended--\n (1) in subsection (a), in the first sentence, by striking \n ``The Secretary,'' and inserting ``Provision of Settlement \n Statement.--The Secretary,'';\n (2) in subsection (b)--\n (A) in the first sentence--\n (i) by striking ``The form'' and inserting \n ``Advance Inspection of Settlement Statement.--\n The form''; and\n (ii) by striking ``, except'' and all that \n follows through ``available at such time''; and\n (B) in the second sentence--\n (i) by striking ``Upon the request of the \n borrower to inspect the form prescribed under \n this section during the'' and inserting ``At \n least 1'';\n (ii) by striking ``shall permit the'' and \n inserting ``shall provide a completed, written \n copy of the settlement statement to the''; and\n (iii) by striking ``to inspect those'' and \n all that follows through ``preceding day''; and\n (3) by adding at the end the following:\n ``(c) Agreement for Originator Fees.--\n ``(1) Notice of fees.--Not later than 3 days after a person \n applies for a federally related mortgage loan, the mortgage \n originator of such loan shall provide to that person a written \n agreement itemizing all of the fees that person may be charged \n by the mortgage originator, including any origination fees, \n underwriting fees, broker fees, and any other fees to be \n charged at or before the settlement of such loan to be paid to \n the mortgage originator. Bona fide discount points payable by \n such person to reduce the interest rate of such loan need not \n be included on any originator fees agreement under this \n paragraph.\n ``(2) Method of payment.--\n ``(A) In general.--Each originator fee agreement \n under paragraph (1) shall set out the following 3 \n methods for the payment of the fees described in any \n such agreement:\n ``(i) Payment in cash before or at \n settlement.\n ``(ii) Adding such fees into the total loan \n amount to be borrowed.\n ``(iii) Increasing the interest rate of the \n loan.\n ``(B) Borrower's choice of payment method.--Each \n applicant for a federally related mortgage loan, in \n determining how to pay any of the fees described in an \n originator fees agreement under paragraph (1), shall \n choose one of the payment methods described under \n subparagraph (A), except that the applicant may choose \n to combine the payment methods described under clauses \n (i) and (ii) of subparagraph (A).\n ``(C) Required explanation.--\n ``(i) Written.--Each originator fee \n agreement under paragraph (1) shall include a \n written explanation of each of the payment \n options listed in subparagraph (A), along with \n a clear and concise illustration of the effect \n of each option on the amount borrowed, the \n interest rate, the payments required on the \n loan, and any other loan terms which might be \n affected by such option.\n ``(ii) Oral.--Each mortgage originator of a \n federally related mortgage loan shall explain \n to each applicant for such a loan each of the \n payment options listed in subparagraph (A) \n before accepting any payment from that person.\n ``(D) Required signature.--Before any applicant for \n a federally related mortgage loan is obligated to pay \n any of the fees described in the originator fees \n agreement under paragraph (1), the person shall have--\n ``(i) agreed to and signed the originator \n fees agreement described under paragraph (1); \n and\n ``(ii) exercised the option for determining \n the method of payment for such fees.\n ``(d) Early Settlement Statement.--\n ``(1) In general.--Not later than 3 days after a person \n applies for a federally related mortgage loan, the mortgage \n originator of such loan shall provide to that person a written \n early settlement statement of all of the settlement costs to be \n charged to that person at or before settlement. The early \n settlement statement shall be in the same or a similar form as \n the statement of settlement costs provided to the person \n pursuant to subsection (a).\n ``(2) Required inclusions.--Each early settlement statement \n under this subsection shall include an itemization of the \n following:\n ``(A) All fees agreed to by the applicant of a \n federally related mortgage loan pursuant to the \n originator fees agreement described under subsection \n (c)(1).\n ``(B) All fees to be charged to that applicant by \n independent third parties, including government \n agencies at or before settlement of the loan, plus all \n escrows reserves which may be required of that person.\n ``(e) Borrower Liability for Fees.--No borrower shall be liable for \nany fees which are not disclosed on an early settlement statement, \nexcept that the borrower is liable for such fees if--\n ``(1) the total amount charged for fees imposed by \n independent third parties is--\n ``(A) not more than 10 percent greater than that \n stated in the early settlement statement; or\n ``(B) greater than that allowed under subparagraph \n (A) because bona fide and reasonable expenses were \n incurred by such third parties for unanticipated \n inspection, appraisal, survey, or flood certification \n of the home which was the subject of such loan;\n ``(2) the mortgage originator provides a reasonable \n explanation of the circumstances surrounding the settlement of \n the loan of the borrower which were different than anticipated \n by the mortgage originator when the statement was provided; and\n ``(3) the mortgage originator does not engage in a pattern \n or practice of providing early settlement statements which \n disclose individual fees of independent third parties in \n different amounts than actually charged at settlement.\n ``(f) Liability for Failure To Comply.--\n ``(1) In general.--Whoever fails to comply with any \n provision of this section shall be liable to the borrower for \n an amount equal to the sum of--\n ``(A) any actual damages to the borrower as a \n result of the failure; and\n ``(B) $5,000 for each such instance of \n noncompliance.\n ``(2) Court costs.--In addition to any amount under \n paragraph (1), in the case of any successful action brought by \n a borrower under this subsection, such borrower shall be \n reimbursed for the costs of the action, together with any \n attorneys fees incurred in connection with such action as the \n court may determine to be reasonable under the circumstances.\n ``(g) Definition.--As used in this section, the term `mortgage \noriginator'--\n ``(1) means any person who, for direct or indirect \n compensation or gain, or in the expectation of direct or \n indirect compensation or gain--\n ``(A) takes a residential mortgage loan \n application; or\n ``(B) assists a consumer in obtaining or applying \n to obtain a residential mortgage loan; and\n ``(2) includes any person who makes loans directly or \n brokers loans for others.''.\n (b) Conforming Amendment.--Section 5(c) of the Real Estate \nSettlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is hereby \nrepealed.","summary":"Real Estate Transparency Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to modify requirements governing settlement statements. Requires the originator of a federally related mortgage loan to provide, within three days of a loan application, a written agreement to the applicant itemizing all of the fees the originator may charge at or before loan settlement, including origination, underwriting, and broker fees. Excludes from such requirement bona fide discount points payable by the borrower to reduce the loan's interest rate. Requires an originator fee agreement to set out the following fee payment methods: (1) paying in cash before or at settlement. (2) adding such fees into the total loan amount to be borrowed. And (3) increasing the loan's interest rate. Requires: (1) written and oral explanations of a borrower's payment options. And (2) a borrower's signature attesting agreement with originator fees and with the chosen method of payment. Requires the originator to provide the applicant with a written early settlement statement of all settlement costs to be charged at or before settlement. Shields borrowers from liability for any such fees not disclosed on an early settlement statement, except in certain circumstances. Establishes originator liability to a borrower for non-compliance with this Act, including reimbursement of the borrower for court costs. Repeals the requirement that special information booklets prepared by the Secretary of Housing and Urban Development (HUD) for borrowers contain a good faith estimate of the amount or range of expected settlement charges.","title":"A bill to amend the Real Estate Settlement Procedures Act to require mortgage originators to make their fees more transparent.","text_len":9160,"sum_len":1625} {"bill_id":"105_hr3679","text":"SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR UNITED STATES CUSTOMS \n SERVICE AND IMMIGRATION AND NATURALIZATION SERVICE.\n\n (a) In General.--\n (1) Customs service.--In order to enhance border \n investigative resources on the Southwest border, enhance \n investigative resources for anticorruption efforts, intensify \n efforts against drug smuggling and money-laundering \n organizations, process cargo, reduce commercial and passenger \n traffic waiting times, and open all primary lanes during peak \n hours at certain ports on the Southwest and Northern borders, \n in addition to any other amount appropriated, there are \n authorized to be appropriated for salaries, expenses, and \n equipment for the United States Customs Service for purposes of \n carrying out this section--\n (A) $161,248,584 for fiscal year 1999;\n (B) $185,751,328 for fiscal year 2000; and\n (C) such sums as may be necessary in each fiscal \n year thereafter.\n (2) INS.--In order to enhance enforcement and inspection \n resources on the Southwest land border of the United States, \n enhance investigative resources for anticorruption efforts and \n efforts against drug smuggling and money-laundering \n organizations, process cargo, reduce commercial and passenger \n traffic waiting times, and open all primary lanes during peak \n hours at major land border ports of entry on the Southwest and \n Northern land borders of the United States, in addition to any \n other amounts appropriated, there are authorized to be \n appropriated for salaries, expenses, and equipment for the \n Immigration and Naturalization Service for purposes of carrying \n out this section--\n (A) $113,604,000 for fiscal year 1999;\n (B) $121,064,000 for fiscal year 2000; and\n (C) such sums as may be necessary in each fiscal \n year thereafter.\n (b) Fiscal Year 1999.--\n (1) Customs service.--Of the amounts authorized to be \n appropriated under subsection (a)(1)(A) for fiscal year 1999 \n for the United States Customs Service, $48,404,000 shall be \n available until expended for acquisition and other expenses \n associated with implementation and full deployment of narcotics \n enforcement and cargo processing technology along the Southwest \n border, including--\n (A) $6,000,000 for 8 Vehicle and Container \n Inspection Systems (VACIS);\n (B) $11,000,000 for 5 mobile truck x-rays with \n transmission and backscatter imaging;\n (C) $12,000,000 for the upgrade of 8 fixed-site \n truck x-rays from the present energy level of 450,000 \n electron volts to 1,000,000 electron volts (1-MeV);\n (D) $7,200,000 for 8 1-MeV pallet x-rays;\n (E) $1,000,000 for 200 portable contraband \n detectors (busters) to be distributed among ports where \n the current allocations are inadequate;\n (F) $600,000 for 50 contraband detection kits to be \n distributed among all Southwest border ports based on \n traffic volume;\n (G) $500,000 for 25 ultrasonic container inspection \n units to be distributed among all ports receiving \n liquid-filled cargo and to ports with a hazardous \n material inspection facility;\n (H) $2,450,000 for 7 automated targeting systems;\n (I) $360,000 for 30 rapid tire deflator systems to \n be distributed to those ports where port runners are a \n threat;\n (J) $480,000 for 20 Portable Treasury Enforcement \n Communications System (TECS) terminals to be moved \n among ports as needed;\n (K) $1,000,000 for 20 remote watch surveillance \n camera systems at ports where there are suspicious \n activities at loading docks, vehicle queues, secondary \n inspection lanes, or areas where visual surveillance or \n observation is obscured;\n (L) $1,254,000 for 57 weigh-in-motion sensors to be \n distributed among the ports with the greatest volume of \n outbound traffic;\n (M) $180,000 for 36 AM radio ``Welcome to the \n United States'' stations, with 1 station to be located \n at each border crossing;\n (N) $1,040,000 for 260 inbound vehicle counters to \n be installed at every inbound vehicle lane;\n (O) $950,000 for 38 spotter camera systems to \n counter the surveillance of Customs inspection \n activities by persons outside the boundaries of ports \n where such surveillance activities are occurring;\n (P) $390,000 for 60 inbound commercial truck \n transponders to be distributed to all ports of entry;\n (Q) $1,600,000 for 40 narcotics vapor and particle \n detectors to be distributed to each border crossing; \n and\n (R) $400,000 for license plate reader automatic \n targeting software to be installed at each port to \n target inbound vehicles.\n (2) INS.--Of the amounts authorized to be appropriated \n under subsection (a)(2)(A) for fiscal year 1999 for the \n Immigration and Naturalization Service, $15,090,000 shall be \n available until expended for acquisition and other expenses \n associated with implementation and full deployment of narcotics \n enforcement and cargo processing technology along the Southwest \n land border of the United States, including--\n (A) $11,000,000 for 5 mobile truck x-rays with \n transmission and backscatter imaging to be distributed \n to border patrol checkpoints;\n (B) $200,000 for 10 ultrasonic container inspection \n units to be distributed to border patrol checkpoints;\n (C) $240,000 for 10 Portable Treasury Enforcement \n Communications System (TECS) terminals to be \n distributed to border patrol checkpoints;\n (D) $1,000,000 for 20 remote watch surveillance \n camera systems to be distributed to border patrol \n checkpoints;\n (E) $175,000 for 35 AM radio ``Welcome to the \n United States'' stations, with 1 station to be located \n at each permanent border patrol checkpoint;\n (F) $875,000 for 35 spotter camera systems, with 1 \n system to be located at each permanent border patrol \n checkpoint; and\n (G) $1,600,000 for 40 narcotics vapor and particle \n detectors to be distributed to border patrol \n checkpoints.\n (c) Fiscal Year 2000 and Thereafter.--\n (1) Customs service.--Of the amounts authorized to be \n appropriated under subparagraphs (B) and (C) of subsection \n (a)(1) for the United States Customs Service for fiscal year \n 2000 and each fiscal year thereafter, $4,840,400 shall be for \n the maintenance and support of the equipment and training of \n personnel to maintain and support the equipment described in \n subsection (b)(1), based on an estimate of 10 percent of the \n cost of such equipment.\n (2) INS.--Of the amounts authorized to be appropriated \n under subparagraphs (B) and (C) of subsection (a)(2) for the \n Immigration and Naturalization Service for fiscal year 2000 and \n each fiscal year thereafter, $1,509,000 shall be for the \n maintenance and support of the equipment and training of \n personnel to maintain and support the equipment described in \n subsection (b)(2), based on an estimate of 10 percent of the \n cost of such equipment.\n (d) New Technologies; Use of Funds.--\n (1) In general.--The Commissioner of Customs may use the \n amounts authorized to be appropriated for equipment under this \n section for equipment other than the equipment specified in \n subsection (b)(1) if such other equipment--\n (A)(i) is technologically superior to the equipment \n specified in subsection (b)(1); and\n (ii) will achieve at least the same results at a \n cost that is the same or less than the equipment \n specified in subsection (b)(1); or\n (B) can be obtained at a lower cost than the \n equipment authorized in subparagraphs (A) through (R) \n of such subsection.\n (2) Transfer of funds.--Notwithstanding any other provision \n of this section, the Commissioner of Customs may reallocate an \n amount not to exceed 10 percent of the amount specified in any \n of subparagraphs (A) through (R) of subsection (b)(1) for \n equipment specified in any other of such subparagraphs (A) \n through (R).\n (3) INS.--With respect to the amounts and equipment \n specified in subsection (b)(2), the Attorney General shall have \n the same authority as is granted the Commissioner of Customs by \n paragraphs (1) and (2) with respect to the amounts and \n equipment specified in subsection (b)(1).\n (e) Peak Hours and Investigative Resource Enhancement.--\n (1) Customs service.--Of the amounts authorized to be \n appropriated under subsection (a)(1) for fiscal years 1999 and \n 2000, $112,844,584 in fiscal year 1999 and $180,910,928 for \n fiscal year 2000 shall be for--\n (A) a net increase of 535 inspectors and 60 special \n agents for the Southwest border and 375 inspectors for \n the Northern border, in order to open all primary lanes \n on the Southwest and Northern borders during peak hours \n and enhance investigative resources;\n (B) a net increase of 285 inspectors and canine \n enforcement officers to be distributed at large cargo \n facilities as needed to process and screen cargo \n (including rail cargo) and reduce commercial waiting \n times on the Southwest border;\n (C) a net increase of 360 special agents, 40 \n intelligence analysts, and additional resources to be \n distributed among offices that have jurisdiction over \n major metropolitan drug or narcotics distribution and \n transportation centers for intensification of efforts \n against drug smuggling and money-laundering \n organizations;\n (D) a net increase of 50 positions and additional \n resources to the Office of Internal Affairs to enhance \n investigative resources for anticorruption efforts; and\n (E) the costs incurred as a result of the increase \n in personnel hired pursuant to this section.\n (2) INS.--Of the amounts authorized to be appropriated \n under subsection (a)(2) for fiscal years 1999 and 2000, \n $98,514,000 in fiscal year 1999 and $119,555,000 for fiscal \n year 2000 shall be for--\n (A) a net increase of 535 inspectors for the \n Southwest land border and 375 inspectors for the \n Northern land border, in order to open all primary \n lanes on the Southwest and Northern borders during peak \n hours and enhance investigative resources;\n (B) a net increase of 100 inspectors and canine \n enforcement officers for border patrol checkpoints;\n (C) 100 canine enforcement vehicles to be used by \n the Border Patrol for inspection and enforcement, and \n to reduce waiting times, at the Southwest land border \n of the United States;\n (D) a net increase of 40 intelligence analysts and \n additional resources to be distributed among border \n patrol sectors that have jurisdiction over major \n metropolitan drug or narcotics distribution and \n transportation centers for intensification of efforts \n against drug smuggling and money-laundering \n organizations;\n (E) a net increase of 50 positions and additional \n resources to the Office of the Inspector General of the \n Department of Justice to enhance investigative \n resources for anticorruption efforts; and\n (F) the costs incurred as a result of the increase \n in personnel hired pursuant to this section.","summary":"Authorizes additional appropriations for personnel and equipment for the United States Customs Service and the Immigration and Naturalization Service.","title":"To authorize additional appropriations for personnel and technology for the United States Customs Service and the Immigration and Naturalization Service, which have joint responsibility at ports of entry, in order to increase inspection and enforcement at ports of entry and to expedite and facilitate the flow of legal commercial and passenger traffic at United States borders and interior checkpoints.","text_len":13500,"sum_len":150} {"bill_id":"105_hr2822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Swan Creek Black River Confederated \nOjibwa Tribes of Michigan Act''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Tribe'' means the Swan Creek and Black River \n Confederated Ojibwa Tribes of Michigan;\n (2) the term ``member'' means an individual who is eligible \n for enrollment in the Tribe pursuant to section 4; and\n (3) the term ``Secretary'' means the Secretary of the \n Interior.\n\nSEC. 3. FINDINGS.\n\n The Congress finds the following:\n (1) The Tribe is the descendant of, and political successor \n to, the signatories of the 1785 Treaty of McIntosh (7 Stat. \n 16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 \n Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the \n Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); \n the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 \n Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of \n 1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 \n Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit \n (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657).\n (2) The aboriginal lands of the Tribe comprise the area \n which is now known as Monroe, Shiawassee, Lenawee, Wayne, \n Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, \n Washtenaw, Genesee, and Tuscola Counties in southeastern lower \n Michigan. The boundaries of the Tribe's aboriginal lands extend \n from Monroe County in the Southeast, to Sanilac County in the \n North, to Genesee County in the West.\n (3) The cession treaties, from the 1807 Treaty of Detroit \n through the 1836 Treaty of Washington, legitimated seizure of \n tribal lands by settlers, forced the Tribe to relinquish most \n of its rich aboriginal lands in southeastern Michigan, \n relegating the Tribe to small tracts of land in Macomb, Wayne, \n Washtenaw, and St. Clair counties in Michigan, and its members \n to small annuity payments by the United States.\n (4) The 1836 Treaty of Washington compelled the Tribe to \n relinquish the small tracts of land granted in the 1807 Treaty \n of Detroit, purportedly in exchange for future annuity payments \n and an equivalent amount of land in Kansas. The 1807 treaty did \n not require the Tribe to relocate to the lands in Kansas and \n only 51 members actually did so. According to the 1845 United \n States Richmond census documents, the majority of the Tribe \n migrated north to Lapeer County, Michigan or remained in the \n counties of Macomb, Wayne, Washtenaw, and St. Clair.\n (5) Pursuant to the 1855 Treaty of Detroit, members of the \n Tribe were requested to relocate from their homes in Lapeer, \n Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to \n non-aboriginal lands further north in Isabella County, \n Michigan, where tribal members were entitled to individual land \n allotments. Many members remained in Lapeer, Macomb, Wayne, \n Washtenaw, and St. Clair counties. For the administrative \n convenience of the Federal Government, the 1855 Treaty of \n Detroit also relocated the Saginaw Band of Chippewa Indians, \n including some Potowatomis and Ottawas to the newly-established \n reservation lands in Isabella County. Article 6 of that treaty \n also provided that the organization of the Tribe and of the \n Saginaw Band of Chippewa Indians was dissolved, ``except so far \n as may be necessary for the purpose of carrying into effect'' \n the provisions of the treaty.\n (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly \n grouped different bands of Ottawa and Chippewa Indians for \n administrative convenience. Article 5 of that treaty provided \n for dissolution of the organization of these bands except so \n far as may be necessary for the purpose of carrying into effect \nthe provisions of that treaty. Subsequent judicial interpretation of \nthat article determined that its intent was to dissolve the Federal \nGovernment's fictional coupling of these tribes, not to destroy their \nindependent sovereign existence. Public Law 103-324 confirmed this \ninterpretation by reaffirming the Federal recognition of the Little \nRiver Band of Ottawa Indians as a tribe separate and distinct from the \nChippewa Indians.\n (7) The Treaty of 1864 confirmed continued Federal \n acknowledgement of the Tribe by specifically naming the Swan \n Creek and Black River Chippewas in that treaty's preamble.\n (8) Over time and without justification, the Federal \n Government unilaterally withdrew from the Federal relationship \n established with the Tribe through the aforementioned treaties. \n The Tribe brought suit against the Federal Government for \n amounts past due under the treaties. In 1910 and 1924, the \n Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. \n 137, respectively) to enable the Tribe and the Saginaw Band of \n Chippewa to file their respective claims against the United \n States. These claims, filed in 1927, were later incorporated \n into Indian Claims Commission Dockets 57, 59, and 13-E, and \n United Claims Court Docket 13-F.\n (9) Beginning in 1935, the Tribe petitioned for \n reorganization and assistance pursuant to the Act of June 18, \n 1934 (25 U.S.C. 461 et seq., commonly referred to as the \n ``Indian Reorganization Act''). Due to misinterpretation of \n Article 6 of the 1855 Treaty of Detroit, the Commissioner of \n Indian Affairs concluded that the Tribe could not organize \n separately from the Saginaw Band of Chippewa Indians. Due to \n the lack of funding available for tribal land acquisition, the \n Swan Creek Black River Ojibwa Bands were unable to purchase \n their own reservation lands.\n (10) In 1939, agents of the Federal Government made an \n administrative decision not to provide services or extend the \n benefits of the Indian Reorganization Act to any additional \n Indian tribes located in Michigan's lower peninsula, as \n recognized by the 1807 Treaty of Detroit (7 Stat. 105), the \n 1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty \n of Washington (7 Stat. 491), and the May 9, 1836 Treaty of \n Washington (7 Stat. 503).\n (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. \n 674) to distribute judgment funds awarded in settlement of the \n claims brought by the Tribe and the Saginaw Band in Dockets 57, \n 59, 13-E, and 13-F in a nondiscriminatory manner to the \n claimants and their descendants. This Act, like the \n jurisdictional Acts of 1910 and 1924, contained no clear and \n unambiguous intent to terminate the Federal relationship with \n the Tribe. To the contrary, these Acts acknowledged that the \n Tribe possessed collective sovereign rights in tribal lands and \n funds, a primary criterion for Federal recognition.\n (12) Despite administrative denials of requests by the \n Tribe to organize its own federally recognized tribal \n government, the Tribe continued to carry out its governmental \n functions through various formal and informal political and \n social structures, including a Tribal Council. Between 1937 and \n 1991, the Tribe conducted many of its government functions \n through associations organized by Swan Creek members, including \n the Saginaw Rural and Urban Indian Association. In 1991, the \n Tribe chartered a State-sanctioned, non-profit tribal \n government and agreed to seek Federal recognition of its \n confederation of Swan Creek and Black River Ojibwa Bands as a \n distinct tribe.\n (13) Other tribes in Michigan, whose members are \n descendants of the signatories to one or more of the treaties \n listed in paragraph (1) have been recognized by the Federal \n Government as distinct Indian tribes, including the Pokagon \n Band of Potawatomi Indians, the Huron Potawatomi Band of \n Indians, the Grand Traverse Band of Ottawa and Chippewa \n Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay \n Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of \n Michigan, and the Little Traverse Bay Bands of Odawa Indians.\n (14) The Tribe has at least 300 eligible members who \n continue to reside close to what was recognized in the 1807 \n Treaty of Detroit as their ancestral homelands in southeastern \n lower Michigan.\n (15) The United States Government, the government of the \n State of Michigan, and local governments have had continuous \n dealings with the recognized political leaders of the Tribe \n since 1785.\n (16) In light of the treaty relations between the Tribe and \n the United States, the Tribe's recognition as a tribe in Acts \n of Congress, and Federal recognition of the Tribe's rights in \n tribal lands and funds, it is appropriate for Congress to \n reaffirm and clarify the Federal relationship of the Tribe in \n the same manner as Congress has reaffirmed Federal recognition \n of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, \nthe Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands \nof Odawa Indians, and the Little River Band of Ottawa Indians.\n\nSEC. 4. FEDERAL RECOGNITION.\n\n (a) Federal Recognition.--Federal recognition of the Swan Creek \nBlack River Confederated Ojibwa Tribes of Michigan Indians is hereby \naffirmed. All laws and regulations of the United States of general \napplication to Indians or nations, tribes, or bands of Indians, \nincluding the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly \nreferred to as the ``Indian Reorganization Act''), which are not \ninconsistent with any specific provision of this Act shall be \napplicable to the Tribe and its members.\n (b) Federal Services and Benefits.--\n (1) In general.--The Tribe and its members shall be \n eligible, on and after the date of the enactment of this Act, \n for all future services and benefits furnished to federally \n recognized Indian tribes without regard to the existence of a \n reservation for the Tribe or the location of the residence of \n any member on or near any Indian reservation.\n (2) Service area.--For purposes of the delivery of Federal \n services to enrolled members of the Tribe, the Tribe's service \n area shall be deemed to be the area comprised of Monroe, \n Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, \n Sanilac, Washtenaw, Genesee, and Tuscola Counties in \n southeastern lower Michigan. Such services shall be provided \n notwithstanding the establishment of a reservation for the \n Tribe after the date of enactment of this Act. Services may be \n provided to members outside the named service area unless \n prohibited by law or regulation.\n\nSEC. 5. REAFFIRMATION OF RIGHTS.\n\n (a) In General.--All rights and privileges of the Tribe, and the \nmembers thereof, which may have been abrogated or diminished before the \ndate of enactment of this Act are hereby reaffirmed.\n (b) Existing Rights of Tribe.--Nothing in this Act shall be \nconstrued to diminish any right or privilege of the Tribe, or the \nmembers thereof, that existed prior to the date of enactment of this \nAct. Except as otherwise specifically provided in any other provision \nof this Act, nothing in this Act shall be construed as altering or \naffecting any legal or equitable claim the Tribe might have to enforce \nany right or privilege reserved by or granted to the Tribe which was \nwrongfully denied to or taken from the Tribe prior to the enactment of \nthis Act.\n\nSEC. 6. TRIBAL LANDS.\n\n The Tribe's tribal lands shall consist of all real property, now or \nhereafter held by, or in trust for, the Tribe. The Secretary shall \nacquire real property for the benefit of the Tribe. Any such property \nshall be taken by the Secretary in the name of the United States in \ntrust for the benefit of the Tribe and shall become part of the Tribe's \nreservation. All lands restored to the Tribe pursuant to this section, \nwhether now or hereafter held, shall be within those lands previously \nceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105).\n\nSEC. 7. MEMBERSHIP.\n\n Not later than 18 months after the date of the enactment of this \nAct, the Tribe shall submit to the Secretary membership rolls \nconsisting of all individuals eligible for membership in the Tribe. The \nqualifications for inclusion on the membership rolls of the Tribe shall \nbe determined by the membership clause in the governing documents of \nthe Tribe in consultation with the Secretary. Upon completion of the \nrolls, the Secretary shall immediately publish notice of such in the \nFederal Register. The Tribe shall ensure that such rolls are maintained \nand kept current.\n\nSEC. 8. CONSTITUTION AND GOVERNING BODY.\n\n (a) Constitution.--\n (1) Adoption.--Not later than 24 months after the date of \n the enactment of this Act, the Secretary shall conduct, by \n secret ballot and in accordance with the provisions of section \n 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to \n adopt a constitution and bylaws for the Tribe.\n (2) Interim governing documents.--Until such time as a new \n constitution is adopted under paragraph (1), the governing \n documents in effect on the date of enactment of this Act shall \n be the interim governing documents for the Tribe.\n (b) Officials.--\n (1) Election.--Not later than 6 months after the Tribe \n adopts a constitution and bylaws pursuant to subsection (a), \n the Secretary shall conduct elections by secret ballot for the \n purpose of electing officials for the Tribe as provided in the \n constitution. The election shall be conducted according to the \n procedures described in subsection (a) except to the extent \n that such procedures conflict with the constitution of the \n Tribe.\n (2) Interim government.--Until such time as the Tribe \n elects new officials pursuant to paragraph (1), the governing \n body of the Tribe shall be the governing body in place on the \n date of the enactment of this Act, or any new governing body \n selected under the election procedures specified in the interim \n governing documents of the Tribe.\n\nSEC. 9. JURISDICTION.\n\n The Tribe shall have jurisdiction to the full extent allowed by law \nover all lands taken into trust for the benefit of the Tribe by the \nSecretary. The Tribe shall exercise jurisdiction over all its members \nwho reside within its service area, as specified in section 4(b)(2) in \nmatters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. \n1901 et seq.) as if the members were residing upon a reservation as \ndefined in that Act.","summary":"Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.","title":"Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act","text_len":15648,"sum_len":448} {"bill_id":"107_hr394","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reserve Employer Tax Credit Act of \n2001''.\n\nSEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, the reserve force \nparticipation credit determined under this section is an amount equal \nto the sum of--\n ``(1) the employment credit with respect to all qualified \n employees of the taxpayer, plus\n ``(2) the self-employment credit of a qualified self-\n employed taxpayer.\n ``(b) Employment Credit.--For purposes of this section--\n ``(1) In general.--The employment credit with respect to a \n qualified employee of the taxpayer for any taxable year is \n equal to 50 percent of the amount of qualified compensation \n that would have been paid to the employee with respect to all \n periods during which the employee participates in qualified \n reserve duty to the exclusion of normal employment duties, \n including time spent in a travel status had the employee not \n been participating in qualified reserve duty. The employment \n credit, with respect to all qualified employees, is equal to \n the sum of the employment credits for each qualified employee \n under this subsection.\n ``(2) Qualified compensation.--When used with respect to \n the compensation paid or that would have been paid to a \n qualified employee for any period during which the employee \n participates in qualified reserve duty, the term `qualified \n compensation' means compensation--\n ``(A) which is normally contingent on the \n employee's presence for work and which would be \n deductible from the taxpayer's gross income under \n section 162(a)(1) if the employee were present and \n receiving such compensation, and\n ``(B) which is not characterized by the taxpayer as \n vacation or holiday pay, or as sick leave or pay, or as \n any other form of pay for a nonspecific leave of \n absence, and with respect to which the number of days \n the employee participates in qualified reserve duty \n does not result in any reduction in the amount of \n vacation time, sick leave, or other nonspecific leave \n previously credited to or earned by the employee.\n ``(3) Qualified employee.--The term `qualified employee' \n means a person who--\n ``(A) has been an employee of the taxpayer for the \n 21-day period immediately preceding the period during \n which the employee participates in qualified reserve \n duty, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States as \n defined in sections 10142 and 10101 of title 10, United \n States Code.\n ``(c) Self-Employment Credit.--\n ``(1) In general.--The self-employment credit of a \n qualified self-employed taxpayer for any taxable year is equal \n to 50 percent of the excess, if any, of--\n ``(A) the self-employed taxpayer's average daily \n self-employment income for the taxable year over\n ``(B) the average daily military pay and allowances \n received by the taxpayer during the taxable year, while \n participating in qualified reserve duty to the \n exclusion of the taxpayer's normal self-employment \n duties for the number of days the taxpayer participates \n in qualified reserve duty during the taxable year, \n including time spent in a travel status.\n ``(2) Average daily self-employment income and average \n daily military pay and allowances.--As used with respect to a \n self-employed taxpayer--\n ``(A) the term `average daily self-employment \n income' means the self-employment income (as defined in \n section 1402) of the taxpayer for the taxable year \n divided by the difference between--\n ``(i) 365, and\n ``(ii) the number of days the taxpayer \n participates in qualified reserve duty during \n the taxable year, including time spent in a \n travel status, and\n ``(B) the term `average daily military pay and \n allowances' means--\n ``(i) the amount paid to the taxpayer \n during the taxable year as military pay and \n allowances on account of the taxpayer's \n participation in qualified reserve duty, \n divided by\n ``(ii) the total number of days the \n taxpayer participates in qualified reserve \n duty, including time spent in travel status.\n ``(3) Qualified self-employed taxpayer.--The term \n `qualified self-employed taxpayer' means a taxpayer who--\n ``(A) has net earnings from self-employment (as \n defined in section 1402) for the taxable year, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States.\n ``(d) Credit In Addition to Deduction.--The employment credit \nprovided in this section is in addition to any deduction otherwise \nallowable with respect to compensation actually paid to a qualified \nemployee during any period the employee participates in qualified \nreserve duty to the exclusion of normal employment duties.\n ``(e) Limitations.--\n ``(1) Maximum credit.--\n ``(A) In general.--The credit allowed by subsection \n (a) for the taxable year--\n ``(i) shall not exceed $7,500 in the \n aggregate, and\n ``(ii) shall not exceed $2,000 with respect \n to each qualified employee.\n ``(B) Controlled groups.--For purposes of applying \n the limitations in subparagraph (A)--\n ``(i) all members of a controlled group \n shall be treated as one taxpayer, and\n ``(ii) such limitations shall be allocated \n among the members of such group in such manner \n as the Secretary may prescribe.\n For purposes of this subparagraph, all persons treated \n as a single employer under subsection (a) or (b) of \n section 52 or subsection (m) or (o) of section 414 \n shall be treated as members of a controlled group.\n ``(2) Disallowance for failure to comply with employment or \n reemployment rights of members of the reserve components of the \n armed forces of the united states.--No credit shall be allowed \n under subsection (a) to a taxpayer for--\n ``(A) any taxable year in which the taxpayer is \n under a final order, judgment, or other process issued \n or required by a district court of the United States \n under section 4323 of title 38 of the United States \n Code with respect to a violation of chapter 43 of such \n title, and\n ``(B) the two succeeding taxable years.\n ``(3) Disallowance with respect to persons ordered to \n active duty for training.--No credit shall be allowed under \n subsection (a) to a taxpayer with respect to any period for \n which the person on whose behalf the credit would otherwise be \n allowable is called or ordered to active duty for any of the \n following types of duty:\n ``(A) active duty for training under any provision \n of title 10, United States Code,\n ``(B) training at encampments, maneuvers, outdoor \n target practice, or other exercises under chapter 5 of \n title 32, United States Code, or\n ``(C) full-time National Guard duty, as defined in \n section 101(d)(5) of title 10, United States Code.\n ``(f) General Definitions and Special Rules.--\n ``(1) Military pay and allowances.--The term `military pay' \n means pay as that term is defined in section 101(21) of title \n 37, United States Code, and the term `allowances' means the \n allowances payable to a member of the Armed Forces of the \n United States under chapter 7 of that title.\n ``(2) Qualified reserve duty.--The term `qualified reserve \n duty' includes only active duty performed, as designated in the \n reservist's military orders, in support of a contingency \n operation as defined in section 101(a)(13) of title 10, United \n States Code.\n ``(3) Normal employment and self-employment duties.--A \n person shall be deemed to be participating in qualified reserve \n duty to the exclusion of normal employment or self-employment \n duties if the person does not engage in or undertake any \n substantial activity related to the person's normal employment \n or self-employment duties while participating in qualified \n reserve duty unless in an authorized leave status or other \n authorized absence from military duties. If a person engages in \n or undertakes any substantial activity related to the person's \n normal employment or self-employment duties at any time while \n participating in a period of qualified reserve duty, unless \n during a period of authorized leave or other authorized absence \n from military duties, the person shall be deemed to have \n engaged in or undertaken such activity for the entire period of \nqualified reserve duty.\n ``(4) Certain rules to apply.--Rules similar to the rules \n of subsections (c), (d), and (e) of section 52 shall apply for \n purposes of this section.''\n (b) Conforming Amendment.--Section 38(b) of the Internal Revenue \nCode of 1986 (relating to general business credit) is amended--\n (1) by striking ``plus'' at the end of paragraph (12),\n (2) by striking the period at the end of paragraph (13) and \n inserting ``, plus'', and\n (3) by adding at the end the following new paragraph:\n ``(14) the reserve force participation credit determined \n under section 45E(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45D the \nfollowing new item:\n\n ``Sec. 45E. Reserve force participation \n credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the calendar year which includes \nthe date of the enactment of this Act.\n\nSEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF \n THE RESERVE COMPONENTS OF THE ARMED FORCES.\n\n (a) In General.--Paragraph (2) of section 62(a) of the Internal \nRevenue Code of 1986 (defining adjusted gross income) is amended by \nadding at the end the following new subparagraph:\n ``(D) Certain expenses of members of reserve \n components of the armed forces of the united states.--\n The deductions allowed by part VI (section 161 and \n following) which consist of--\n ``(i) expenses of travel, meals, and \n lodging while away from home, and\n ``(ii) expenses of transportation,\n paid or incurred by the taxpayer in connection with the \n performance of services by such taxpayer as a member of \n a Reserve component of the Armed Forces (as defined in \n section 10101 of title 10, United States Code).''.\n (b) Two Percent Floor on Itemized Deductions Not To Apply.--\nSubsection (b) of section 67 of such Code is amended by striking \n``and'' at the end of paragraph (11), by striking the period at the end \nof paragraph (12) and inserting ``, and'', and by adding at the end the \nfollowing new paragraph:\n ``(13) the deductions under part VI (section 161 and \n following) for expenses paid or incurred by the taxpayer in \n connection with the performance of services by such taxpayer as \n a member of a Reserve component of the Armed Forces (as defined \n in section 10101 of title 10, United States Code).''.\n (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, \nEtc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such \nCode is amended by striking ``or'' at the end of subparagraph (D), by \nstriking the period at the end of subparagraph (E) and inserting ``, \nor'', and by inserting after subparagraph (E) the following new \nsubparagraph:\n ``(F) any expense in connection with the \n performance of services by the taxpayer as a member of \n a Reserve component of the Armed Forces (as defined in \n section 10101 of title 10, United States Code).''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the calendar year which includes \nthe date of the enactment of this Act.","summary":"Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty, (2) a comparable credit for participating self-employed individuals. And (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces.","title":"To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserves, to allow a comparable credit for participating self-employed individuals, and to restore the pre-1986 status of deductions incurred in connection with services performed as a member of a Reserve component of the Armed Forces.","text_len":14299,"sum_len":459} {"bill_id":"107_s1541","text":"SECTION 1. SHORT TITLE.\n\n This title may be cited as the ``Temporary Emergency Unemployment \nCompensation Act of 2001''.\n\nSEC. 2. FEDERAL-STATE AGREEMENTS.\n\n (a) In General.--Any State which desires to do so may enter into \nand participate in an agreement under this title with the Secretary of \nLabor (in this title referred to as the ``Secretary''). Any State which \nis a party to an agreement under this title may, upon providing 30 days \nwritten notice to the Secretary, terminate such agreement.\n (b) Provisions of Agreement.--Any agreement under subsection (a) \nshall provide that the State agency of the State will make payments of \ntemporary emergency unemployment compensation to individuals who--\n (1) have exhausted all rights to regular compensation under \n the State law;\n (2) have no rights to compensation (including both regular \n compensation and extended compensation) with respect to a week \n under such law or any other State unemployment compensation law \n or to compensation under any other Federal law (and are not \n paid or entitled to be paid any additional compensation under \n any State or Federal law); and\n (3) are not receiving compensation with respect to such \n week under the unemployment compensation law of Canada.\n (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an \nindividual shall be deemed to have exhausted such individual's rights \nto regular compensation under a State law when--\n (1) no payments of regular compensation can be made under \n such law because such individual has received all regular \n compensation available to such individual based on employment \n or wages during such individual's base period; or\n (2) such individual's rights to such compensation have been \n terminated by reason of the expiration of the benefit year with \n respect to which such rights existed.\n (d) Weekly Benefit Amount.--For purposes of any agreement under \nthis title--\n (1) the amount of temporary emergency unemployment \n compensation which shall be payable to any individual for any \n week of total unemployment shall be equal to the amount of the \n regular compensation (including dependents' allowances) payable \n to such individual during such individual's benefit year under \n the State law for a week of total unemployment;\n (2) the terms and conditions of the State law which apply \n to claims for regular compensation and to the payment thereof \n shall apply to claims for temporary emergency unemployment \n compensation and the payment thereof, except where inconsistent \n with the provisions of this title or with the regulations or \n operating instructions of the Secretary promulgated to carry \n out this title; and\n (3) the maximum amount of temporary emergency unemployment \n compensation payable to any individual for whom a temporary \n emergency unemployment compensation account is established \n under section 3 shall not exceed the amount established in such \n account for such individual.\n (e) Election by States.--Notwithstanding any other provision of \nFederal law (and if State law permits), the Governor of a State is \nauthorized and may elect to trigger off an extended compensation period \nin order to provide payment of temporary emergency unemployment \ncompensation to individuals who have exhausted their rights to regular \ncompensation under State law.\n\nSEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.\n\n (a) In General.--Any agreement under this title shall provide that \nthe State will establish, for each eligible individual who files an \napplication for temporary emergency unemployment compensation, a \ntemporary emergency unemployment compensation account with respect to \nsuch individual's benefit year.\n (b) Amount in Account.--\n (1) In general.--The amount established in an account under \n subsection (a) shall be equal to 13 times the individual's \n average weekly benefit amount for the benefit year.\n (2) Reduction for extended benefits.--The amount in an \n account under paragraph (1) shall be reduced (but not below \n zero) by the aggregate amount of extended compensation (if any) \n received by such individual relating to the same benefit year \n under the Federal-State Extended Unemployment Compensation Act \n of 1970 (26 U.S.C. 3304 note).\n (3) Weekly benefit amount.--For purposes of this \n subsection, an individual's weekly benefit amount for any week \n is the amount of regular compensation (including dependents' \n allowances) under the State law payable to such individual for \n such week for total unemployment.\n\nSEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF \n TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION.\n\n (a) General Rule.--There shall be paid to each State that has \nentered into an agreement under this title an amount equal to 100 \npercent of the temporary emergency unemployment compensation paid to \nindividuals by the State pursuant to such agreement.\n (b) Treatment of Reimbursable Compensation.--No payment shall be \nmade to any State under this section in respect of any compensation to \nthe extent the State is entitled to reimbursement in respect of such \ncompensation under the provisions of any Federal law other than this \ntitle or chapter 85 of title 5, United States Code. A State shall not \nbe entitled to any reimbursement under such chapter 85 in respect of \nany compensation to the extent the State is entitled to reimbursement \nunder this title in respect of such compensation.\n (c) Determination of Amount.--Sums payable to any State by reason \nof such State having an agreement under this title shall be payable, \neither in advance or by way of reimbursement (as may be determined by \nthe Secretary), in such amounts as the Secretary estimates the State \nwill be entitled to receive under this title for each calendar month, \nreduced or increased, as the case may be, by any amount by which the \nSecretary finds that the Secretary's estimates for any prior calendar \nmonth were greater or less than the amounts which should have been paid \nto the State. Such estimates may be made on the basis of such \nstatistical, sampling, or other method as may be agreed upon by the \nSecretary and the State agency of the State involved.\n\nSEC. 5. FINANCING PROVISIONS.\n\n (a) In General.--Funds in the extended unemployment compensation \naccount (as established by section 905(a) of the Social Security Act \n(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by \nsection 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the \nmaking of payments to States having agreements entered into under this \ntitle.\n (b) Certification.--The Secretary shall from time to time certify \nto the Secretary of the Treasury for payment to each State the sums \npayable to such State under this title. The Secretary of the Treasury, \nprior to audit or settlement by the General Accounting Office, shall \nmake payments to the State in accordance with such certification, by \ntransfers from the extended unemployment compensation account (as so \nestablished) to the account of such State in the Unemployment Trust \nFund (as so established).\n (c) Assistance to States.--There are appropriated, without fiscal \nyear limitation, such funds as may be necessary for purposes of \nassisting States (as provided in title III of the Social Security Act \n(42 U.S.C. 501 et seq.) in meeting the costs of administration of \nagreements under this title.\n (d) Authorization of Appropriations for Certain Payments.--There \nare appropriated from the general fund of the Treasury, without fiscal \nyear limitation, to the extended unemployment compensation account (as \nso established) of the Unemployment Trust Fund (as so established) such \nsums as the Secretary estimates to be necessary to make the payments \nunder this section in respect of--\n (1) compensation payable under chapter 85 of title 5, \n United States Code; and\n (2) compensation payable on the basis of services to which \n section 3309(a)(1) of the Internal Revenue Code of 1986 \n applies.\nAmounts appropriated pursuant to the preceding sentence shall not be \nrequired to be repaid.\n\nSEC. 6. FRAUD AND OVERPAYMENTS.\n\n (a) In General.--If an individual knowingly has made, or caused to \nbe made by another, a false statement or representation of a material \nfact, or knowingly has failed, or caused another to fail, to disclose a \nmaterial fact, and as a result of such false statement or \nrepresentation or of such nondisclosure such individual has received an \namount of temporary emergency unemployment compensation under this \ntitle to which he was not entitled, such individual--\n (1) shall be ineligible for further temporary emergency \n unemployment compensation under this title in accordance with \n the provisions of the applicable State unemployment \n compensation law relating to fraud in connection with a claim \n for unemployment compensation; and\n (2) shall be subject to prosecution under section 1001 of \n title 18, United States Code.\n (b) Repayment.--In the case of individuals who have received \namounts of temporary emergency unemployment compensation under this \ntitle to which they were not entitled, the State shall require such \nindividuals to repay the amounts of such emergency unemployment \ncompensation to the State agency, except that the State agency may \nwaive such repayment if it determines that--\n (1) the payment of such emergency unemployment compensation \n was without fault on the part of any such individual; and\n (2) such repayment would be contrary to equity and good \n conscience.\n (c) Recovery by State Agency.--\n (1) In general.--The State agency may recover the amount to \n be repaid, or any part thereof, by deductions from any \n temporary emergency unemployment compensation payable to such \n individual under this title or from any unemployment \n compensation payable to such individual under any Federal \n unemployment compensation law administered by the State agency \n or under any other Federal law administered by the State agency \n which provides for the payment of any assistance or allowance \n with respect to any week of unemployment, during the 3-year \n period after the date such individuals received the payment of \n the temporary emergency unemployment compensation to which they \n were not entitled, except that no single deduction may exceed \n 50 percent of the weekly benefit amount from which such \n deduction is made.\n (2) Opportunity for hearing.--No repayment shall be \n required, and no deduction shall be made, until a determination \n has been made, notice thereof and an opportunity for a fair \n hearing has been given to the individual, and the determination \n has become final.\n (d) Review.--Any determination by a State agency under this section \nshall be subject to review in the same manner and to the same extent as \ndeterminations under the State unemployment compensation law, and only \nin that manner and to that extent.\n\nSEC. 7. DEFINITIONS.\n\n In this title, the terms ``compensation'', ``regular \ncompensation'', ``extended compensation'', ``additional compensation'', \n``benefit year'', ``base period'', ``State'', ``State agency'', ``State \nlaw'', and ``week'' have the respective meanings given such terms under \nsection 205 of the Federal-State Extended Unemployment Compensation Act \nof 1970 (26 U.S.C. 3304 note).\n\nSEC. 8. APPLICABILITY.\n\n An agreement entered into under this Act shall apply to weeks of \nunemployment--\n (1) beginning no earlier than the first day of the first \n week beginning after the date on which such agreement is \n entered into; and\n (2) ending before the date that is 18 months after the date \n of enactment of this Act.\n\nSEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS \n OF ADVANCES TO STATE UNEMPLOYMENT FUNDS.\n\n With respect to advances made to a State under section 1201 of the \nSocial Security Act (42 U.S.C. 1321) during the period beginning on the \ndate of enactment of this Act and ending on the date that is 18 months \nafter such date of enactment, the rate of interest paid by a State on \nsuch an advance shall be determined under section 1202(b)(4) of the \nsuch Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10 \npercent'' in the matter preceding subparagraph (A).","summary":"Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC). Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation . Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year. Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into. And (2) ending before the date that is 18 months after enactment of this Act. Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds.","title":"A bill to provide for a program of temporary enhanced unemployment benefits.","text_len":13030,"sum_len":925} {"bill_id":"107_hr5211","text":"SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS \n ON PEER-TO-PEER NETWORKS.\n\n (a) In General.--Chapter 5 of title 17, United States Code, is \namended by adding at the end the following new section:\n``Sec. 514. Remedies for infringement: use of technologies to prevent \n infringement of copyrighted works on peer-to-peer \n computer networks\n ``(a) In General.--Notwithstanding any State or Federal statute or \nother law, and subject to the limitations set forth in subsections (b) \nand (c), a copyright owner shall not be liable in any criminal or civil \naction for disabling, interfering with, blocking, diverting, or \notherwise impairing the unauthorized distribution, display, \nperformance, or reproduction of his or her copyrighted work on a \npublicly accessible peer-to-peer file trading network, if such \nimpairment does not, without authorization, alter, delete, or otherwise \nimpair the integrity of any computer file or data residing on the \ncomputer of a file trader.\n ``(b) Exceptions.--Subsection (a) shall not apply to a copyright \nowner in a case in which--\n ``(1) in the course of taking an action permitted by \n subsection (a), the copyright owner--\n ``(A) impairs the availability within a publicly \n accessible peer-to-peer file trading network of a \n computer file or data that does not contain a work, or \n portion thereof, in which the copyright owner has an \n exclusive right granted under section 106, except as \n may be reasonably necessary to impair the distribution, \n display, performance, or reproduction of such a work, \n or portion thereof, in violation of any of the \n exclusive rights of the copyright owner under section \n 106;\n ``(B) causes economic loss to any person other than \n affected file traders; or\n ``(C) causes economic loss of more than $50.00 per \n impairment to the property of the affected file trader, \n other than economic loss involving computer files or \n data made available through a publicly accessible peer-\n to-peer file trading network that contain works in \n which the owner has an exclusive right granted under \n section 106; or\n ``(2) the copyright owner fails to comply with the \n requirements of subsection (c).\n ``(c) Notification Requirement.--(1) A copyright owner shall not be \nliable under subsection (a) for an act to which subsection (a) applies \nonly if--\n ``(A) the copyright owner has notified the Department of \n Justice, in such manner as the Attorney General shall specify, \n of the specific technologies the copyright owner intends to use \n to impair the unauthorized distribution, display, performance, \n or reproduction of the owner's copyrighted works over a \n publicly accessible peer-to-peer file trading network; and\n ``(B) the notification under paragraph (1) was made at \n least 7 days before the copyright owner engaged in the act.\n ``(2) At the request of an affected file trader or the assignee of \nan Internet Protocol address used by an affected file trader, a \ncopyright owner shall provide notice to the affected file trader or \nassignee (as the case may be) of--\n ``(A) the reason for impairing trading in the computer file \n or data containing the copyrighted work of the copyright owner;\n ``(B) the name and address of the copyright owner; and\n ``(C) the right of the affected file trader to bring an \n action described in subsection (d).\n ``(3) The notification by a copyright owner under paragraph (1) \nshall not be construed for any purpose as an admission of an unlawful \nact.\n ``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to \nthe authority provided by subsection (a), a copyright owner knowingly \nand intentionally impairs the distribution, display, performance, or \nreproduction of a particular computer file or data, and has no \nreasonable basis to believe that such distribution, display, \nperformance, or reproduction constitutes an infringement of copyright, \nand an affected file trader suffers economic loss in excess of $250 as \na result of the act by the copyright owner, the affected file trader \nmay seek compensation for such economic loss in accordance with the \nfollowing:\n ``(A) The affected file trader may file a claim for such \n compensation with the Attorney General not later than 1 year \n after the date on which the claim accrues. The Attorney General \n shall, not later than 10 days after the claim is filed, serve \n notice of the claim on the copyright owner against whom the \n claim is brought, and shall investigate the claim. The claim \n shall be in writing under oath or affirmation and shall contain \n such information and be in such form as the Attorney General \n requires. The claim shall not be made public by the Attorney \nGeneral.\n ``(B) If the Attorney General determines after such \n investigation that there is not reasonable cause to believe \n that the facts alleged in the claim are true, the Attorney \n General shall dismiss the claim and promptly notify the \n affected file trader and the copyright owner against whom the \n claim is brought of the Attorney General's action.\n ``(C) If the Attorney General determines after such \n investigation that there is reasonable cause to believe that \n the facts alleged in the claim are true, the Attorney General \n shall promptly notify the affected file trader and the \n copyright owner of the Attorney General's determination.\n ``(D) The Attorney General shall make the determination on \n reasonable cause as promptly as possible, but in no case later \n than 120 days after the date on which the claim is filed.\n ``(E) The affected file trader may seek compensation for \n the economic loss that is the subject of the claim, plus \n reasonable attorney's fees, in the appropriate United States \n district court by filing an action in such court--\n ``(i) not later than 60 days after being notified \n of the Attorney General's determination under \n subparagraph (C); or\n ``(ii) if the Attorney General has not made a \n determination on the claim within the 120-day period \n specified in subparagraph (D), not later than 60 days \n after the end of that 120-day period.\n ``(2) The cause of action established by this subsection shall only \nbe available as a remedy against impairing actions that would not be \nlawful but for subsection (a).\n ``(e) Suits by United States.--The Attorney General of the United \nStates may seek injunctive relief in the appropriate United States \ndistrict court to prevent a copyright owner from engaging in impairing \nactivities that would not be lawful but for subsection (a) if that \nowner has engaged in a pattern or practice of impairing the \ndistribution, display, performance, or reproduction of computer files \nor data without a reasonable basis to believe that infringement of \ncopyright has occurred.\n ``(f) Construction With Other Statutes.--(1) Nothing in this \nsection shall be construed as limiting the authority of a copyright \nowner to take any otherwise lawful action to enforce any of the \nexclusive rights granted by section 106.\n ``(2) Nothing in this section shall limit any remedies available to \na person under section 1030 of title 18, or under any other State or \nFederal statute or any other law, against a copyright owner who fails \nto qualify for the protections afforded under subsection (a).\n ``(3) Actions taken by a copyright owner pursuant to subsection (a) \nshall not be considered by a court for any other purpose under this \ntitle, including in determining whether a particular use of a work is \ninfringing.\n ``(g) Nondisclosure of Information.--Information contained in any \nnotification under subsection (c)(1)(A) may not be made available to \nthe public under section 552 of title 5.\n ``(h) Definitions.--In this section--\n ``(1) the term `economic loss' means monetary costs only;\n ``(2) `peer-to-peer file trading network' means two or more \n computers which are connected by computer software that--\n ``(A) is primarily designed to--\n ``(i) enable the connected computers to \n transmit files or data to other connected \n computers;\n ``(ii) enable the connected computers to \n request the transmission of files or data from \n other connected computers; and\n ``(iii) enable the designation of files or \n data on the connected computers as available \n for transmission; and\n ``(B) does not permanently route all file or data \n inquiries or searches through a designated, central \n computer located in the United States;\n ``(3) a peer-to-peer file trading network is `publicly \n accessible' if--\n ``(A) participation in the network is substantially \n open to the public; and\n ``(B) the network enables the transmission of \n computer files or data over the Internet or any other \n public network of computers;\n ``(4) the term `file trader' means an individual who is \n utilizing a publicly accessible, peer-to-peer file trading \n network to transmit, make available for transmission, or \n download computer files or data, or the owner of a computer \n that is connected to a publicly accessible, peer-to-peer file \n trading network and is engaged in the transmission of computer \n files or data through the peer-to-peer file trading network;\n ``(5) the term `distribution', in the case of a computer \n connected to a peer-to-peer file trading network, includes the \n placement of a computer file or data in an area of a computer \n that is accessible to other computers connected to the peer-to-\n peer file trading network; and\n ``(6) the term `copyright owner' means a legal or \n beneficial owner of an exclusive right under section 106 and \n any party authorized to act on the owner's behalf.''.\n (b) Conforming Amendment.--The table of sections for chapter 5 of \ntitle 17, United States Code, is amended by adding at the end the \nfollowing new item:\n\n``514. Remedies for infringement: use of technologies to prevent \n infringement of copyrighted works on peer-\n to-peer computer networks.''.","summary":"Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader. Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright. (2) causes economic loss to any person other than affected file traders. Or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader. Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader. Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances.","title":"To amend title 17, United States Code, to limit the liability of copyright owners for protecting their works on peer-to-peer networks.","text_len":11320,"sum_len":1559} {"bill_id":"105_s919","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Bipartisan Commission on \nCampaign Finance Reform Act of 1997''.\n\nSEC. 2. ESTABLISHMENT AND DUTIES OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the ``Independent Bipartisan Commission on Campaign Finance Reform'' \n(referred to in this Act as the ``Commission'').\n (b) Duties.--The duties of the Commission are to study the law \nrelating to elections for Federal office and to report and recommend \nlegislation to reform that law.\n\nSEC. 3. MEMBERSHIP OF COMMISSION.\n\n (a) Composition.--\n (1) Number.--The Commission shall be composed of 12 members \n appointed by the President not later than the date that is 15 \n days after the date of enactment of this Act.\n (2) Requirements.--The members shall be appointed from \n among individuals who--\n (A) are not incumbent Members of Congress; and\n (B) are specially qualified to serve on the \n Commission by reason of education, training, or \n experience.\n (b) Appointment.--\n (1) In general.--Members shall be appointed as follows:\n (A) 3 members (one of whom is a political \n independent (as defined in paragraph (3))) shall be \n appointed from among a list of nominees submitted by \n the Speaker of the House of Representatives.\n (B) 3 members (one of whom is a political \n independent) shall be appointed from among a list of \n nominees submitted by the Majority Leader of the \n Senate.\n (C) 3 members (one of whom is a political \n independent) shall be appointed from among a list of \n nominees submitted by the Minority Leader of the House \n of Representatives.\n (D) 3 members (one of whom is a political \n independent) shall be appointed from among a list of \n nominees submitted by the Minority Leader of the \n Senate.\n (2) Failure to submit list of nominees.--If an official \n described in subparagraph (A), (B), (C), or (D) of paragraph \n (1) fails to submit a list of nominees to the President during \n the 15-day period that begins on the date of enactment of this \n Act--\n (A) the applicable subparagraph shall no longer \n apply; and\n (B) the President shall appoint 3 members (one of \n whom is a political independent) who meet the \n requirements described in subsection (a) and such other \n criteria as the President may determine to apply.\n (3) Political independent.--In this subsection, the term \n ``political independent'' means an individual who at no time on \n or after January 1, 1992--\n (A) has held elective office as a member of the \n Democratic or Republican party;\n (B) has received any compensation from the \n Democratic or Republican party or from a Democratic or \n Republican party officeholder or candidate; or\n (C) has provided substantial volunteer services or \n made any substantial contribution to the Democratic or \n Republican party or to a Democratic or Republican party \n officeholder or candidate.\n (c) Chairperson.--At the time of the appointment, the President \nshall designate 1 member of the Commission as the chairperson of the \nCommission.\n (d) Period of Appointment.--A member of the Commission shall be \nappointed for the life of the Commission.\n (e) Vacancy.--A vacancy in the Commission shall be filled in the \nmanner in which the original appointment was made.\n (f) Political Affiliation.--Not more than 4 members of the \nCommission may be of the same political party (as defined in section \n301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)).\n\nSEC. 4. POWERS OF COMMISSION.\n\n (a) Hearings.--\n (1) In general.--The Commission may, for the purpose of \n carrying out this Act, hold hearings, sit and act at such times \n and places, take such testimony, and receive such evidence as \n the Commission considers appropriate.\n (2) Open meetings.--In carrying out the preceding \n paragraph, the Commission shall ensure that a substantial \n number of its meetings are open meetings, with significant \n opportunities for testimony from members of the general public.\n (b) Quorum.--7 members of the Commission shall constitute a quorum, \nbut a lesser number may hold hearings.\n (c) Voting.--The approval of at least 9 members of the Commission \nis required when approving all or a portion of the recommended \nlegislation.\n (d) Power of Member.--A member of the Commission may, if authorized \nby the Commission, take an action that the Commission is authorized to \ntake under this section.\n\nSEC. 5. ADMINISTRATIVE PROVISIONS.\n\n (a) Pay and Travel Expenses of Members.--\n (1) Pay rate.--Each member of the Commission shall be paid \n at a rate equal to the daily equivalent of the annual rate of \n basic pay prescribed for level IV of the Executive Schedule \n under section 5315 of title 5, United States Code, for each day \n (including travel time) during which the member is engaged in \n the actual performance of duties vested in the Commission.\n (2) Travel expenses.--Members of the Commission shall \n receive travel expenses, including per diem in lieu of \n subsistence, in accordance with sections 5702 and 5703 of title \n 5, United States Code.\n (b) Staff Director.--The Commission shall, without regard to \nsection 5311(b) of title 5, United States Code, appoint a staff \ndirector, who shall be paid at the rate of basic pay payable for level \nIV of the Executive Schedule under section 5315 of title 5, United \nStates Code.\n (c) Staff of Commission; Services.--\n (1) In general.--With the approval of the Commission, the \n staff director of the Commission may appoint additional \n personnel, without regard to the provisions of title 5, United \n States Code, governing appointments in the competitive service, \n and may fix the pay of additional personnel, without regard to \n the provisions of chapter 51 and subchapter III of chapter 53 \n of that title relating to classification and General Schedule \n pay rates.\n (2) Maximum rate of pay.--An an individual appointed under \n paragraph (1) may not receive pay in excess of the maximum \n annual rate of basic pay payable for grade GS-15 of the General \n Schedule under section 5332 of title 5, United States Code.\n (3) Experts and consultants.--The Commission may procure by \n contract the temporary or intermittent services of experts or \n consultants pursuant to section 3109 of title 5, United States \n Code.\n\nSEC. 6. REPORT AND RECOMMENDED LEGISLATION.\n\n (a) Report.--Not later than July 1, 1998, or the date that is 240 \ndays after the date on which the last of the members of the Commission \nis appointed under section 3 (whichever occurs earlier), the Commission \nshall submit to the President, the Speaker and Minority Leader of the \nHouse of Representatives, and the Majority and Minority Leaders of the \nSenate a report of the activities of the Commission.\n (b) Recommendations; Draft of Legislation.--The report under \nsubsection (a) shall include--\n (1) any recommendations for changes in the law (including \n regulations) relating to elections for Federal office \n (including any changes in the rules of the Senate or the House \n of Representatives) to which 9 or more members of the \n Commission agree; and\n (2) at least 1 bill (including technical and conforming \n provisions) approved by the members of the Commission to \n implement the recommendations.\n (c) Goals of Recommendations and Legislation.--In making \nrecommendations and preparing legislation under this section, the \nCommission shall consider the following primary goals:\n (1) Encouraging fair and open Federal elections that \n provide voters with meaningful information about candidates and \n issues.\n (2) Eliminating the disproportionate influence of special \n interest financing of Federal elections.\n (3) Creating a more equitable electoral system for \n challenger and incumbent candidates.\n\nSEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION.\n\n (a) In General.--Each bill submitted under section 6(b) shall--\n (1) not later than 3 days after the Commission submits the \n bill under section 6(a), be introduced (by request) in the \n House of Representatives by the Majority Leader of the House \n and shall be introduced (by request) in the Senate by the \n Majority Leader of the Senate; and\n (2) be given expedited consideration under the same \n provisions and in the same way, subject to subsection (b), as a \n joint resolution under section 2908 of the Defense Base Closure \n and Realignment Act of 1990 (10 U.S.C. 2678 note).\n (b) Special Rules.--For purposes of applying subsection (a) with \nrespect to such provisions, the following rules shall apply:\n (1) Section 2908(a) of the Defense Base Closure and \n Realignment Act of 1990 (10 U.S.C. 2678 note) shall not apply.\n (2) Any reference to the resolution described in subsection \n (a) shall be deemed to be a reference to the bill submitted \n under section 6(b) of this Act.\n (3) Any reference to the Committee on National Security of \n the House of Representatives shall be deemed to be a reference \n to the Committee on House Oversight of the House of \n Representatives and any reference to the Committee on Armed \n Services of the Senate shall be deemed to be a reference to the \n Committee on Rules and Administration of the Senate.\n (4) Any reference to the date on which the President \n transmits a report shall be deemed to be a reference to the \n date on which the recommendation of the Commission is submitted \n under section 6(b).\n (5) Notwithstanding section 2908(d)(2) of the Act--\n (A) debate on the bill in the House of \n Representatives, and on all debatable motions and \n appeals in connection with the bill, shall be limited \n to not more than 10 hours, divided equally between \n those favoring and those opposing the bill;\n (B) debate on the bill in the Senate, and on all \n debatable motions and appeals in connection with the \n bill, shall be limited to not more than 10 hours, \n divided equally between those favoring and those \n opposing the bill; and\n (C) debate in the Senate on any single debatable \n motion and appeal in connection with the bill shall be \n limited to not more than 1 hour, divided equally \n between the proponent of the motion and the manager of \n the bill, except that if the manager of the bill is in \n favor of the motion or appeal, the time in opposition \n to the motion or appeal shall be controlled by the \n Minority Leader or the Leader's designee, and the \n Majority and Minority Leader may each allot additional \n time from time under such Leader's control to any \n Senator during the consideration of any debatable \n motion or appeal.\n\nSEC. 8. TERMINATION.\n\n The Commission shall cease to exist on the date that is 90 days \nafter the date of the submission of its report under section 6.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Commission such sums \nas are necessary to carry out its duties under this Act.","summary":"Independent Bipartisan Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Bipartisan Commission on Campaign Finance Reform to study the law relating to elections for Federal office and to report and recommend legislation to reform that law. Provides for expedited congressional consideration of legislation submitted under this Act. Terminates the Commission 90 days after submission of its report. Authorizes appropriations.","title":"Independent Bipartisan Commission on Campaign Finance Reform Act of 1997","text_len":12517,"sum_len":454} {"bill_id":"104_s1130","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Financial Management \nImprovement Act of 1996''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) Much effort has been devoted to strengthening Federal \n internal accounting controls in the past. Although progress has \n been made in recent years, Federal accounting standards have \n not been uniformly implemented in financial management systems \n for agencies.\n (2) Federal financial management continues to be seriously \n deficient, and Federal financial management and fiscal \n practices have failed to--\n (A) identify costs fully;\n (B) reflect the total liabilities of congressional \n actions; and\n (C) accurately report the financial condition of \n the Federal Government.\n (3) Current Federal accounting practices do not accurately \n report financial results of the Federal Government or the full \n costs of programs and activities. The continued use of these \n practices undermines the Government's ability to provide \n credible and reliable financial data and encourages already \n widespread Government waste, and will not assist in achieving a \n balanced budget.\n (4) Waste and inefficiency in the Federal Government \n undermine the confidence of the American people in the \n Government and reduce the Federal Government's ability to \n address vital public needs adequately.\n (5) To rebuild the accountability and credibility of the \n Federal Government, and restore public confidence in the \n Federal Government, agencies must incorporate accounting \n standards and reporting objectives established for the Federal \n Government into their financial management systems so that all \n the assets and liabilities, revenues, and expenditures or \n expenses, and the full costs of programs and activities of the \n Federal Government can be consistently and accurately recorded, \n monitored, and uniformly reported throughout the Federal \n Government.\n (6) Since its establishment in October 1990, the Federal \n Accounting Standards Advisory Board (hereinafter referred to as \n the ``FASAB'') has made substantial progress toward developing \n and recommending a comprehensive set of accounting concepts and \n standards for the Federal Government. When the accounting \n concepts and standards developed by FASAB are incorporated into \n Federal financial management systems, agencies will be able to \n provide cost and financial information that will assist the \n Congress and financial managers to evaluate the cost and \n performance of Federal programs and activities, and will \n therefore provide important information that has been lacking, \n but is needed for improved decisionmaking by financial managers \n and the Congress.\n (7) The development of financial management systems with \n the capacity to support these standards and concepts will, over \n the long term, improve Federal financial management.\n (b) Purposes.--The purposes of this Act are to--\n (1) provide for consistency of accounting by an agency from \n one fiscal year to the next, and uniform accounting standards \n throughout the Federal Government;\n (2) require Federal financial management systems to support \n full disclosure of Federal financial data, including the full \n costs of Federal programs and activities, to the citizens, the \n Congress, the President, and agency management, so that \n programs and activities can be considered based on their full \n costs and merits;\n (3) increase the accountability and credibility of Federal \n financial management;\n (4) improve performance, productivity and efficiency of \n Federal Government financial management;\n (5) establish financial management systems to support \n controlling the cost of Federal Government;\n (6) build upon and complement the Chief Financial Officers \n Act of 1990 (Public Law 101-576; 104 Stat. 2838), the \n Government Performance and Results Act of 1993 (Public Law 103-\n 62; 107 Stat. 285), and the Government Management Reform Act of \n 1994 (Public Law 103-356; 108 Stat. 3410); and\n (7) increase the capability of agencies to monitor \n execution of the budget by more readily permitting reports that \n compare spending of resources to results of activities.\n\nSEC. 3. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS.\n\n (a) In General.--Each agency shall implement and maintain financial \nmanagement systems that comply with Federal financial management \nsystems requirements, applicable Federal accounting standards, and the \nUnited States Government Standard General Ledger at the transaction \nlevel.\n (b) Priority.--Each agency shall give priority in funding and \nprovide sufficient resources to implement this Act.\n (c) Audit Compliance Finding.--\n (1) In general.--Each audit required by section 3521(e) of \n title 31, United States Code, shall report whether the agency \n financial management systems comply with the requirements of \n subsection (a).\n (2) Content of reports.--When the person performing the \n audit required by section 3521(e) of title 31, United States \n Code, reports that the agency financial management systems do \n not comply with the requirements of subsection (a), the person \n performing the audit shall include in the report on the audit--\n (A) the name and position of any officer or employee \n responsible for the financial management systems that have been \n found not to comply with the requirements of subsection (a);\n (B) all facts pertaining to the failure to comply with the \n requirements of subsection (a), including--\n (i) the nature and extent of the noncompliance;\n (ii) the primary reason or cause of the \n noncompliance;\n (iii) any official responsible for the \n noncompliance; and\n (iv) any relevant comments from any responsible \n officer or employee; and\n (C) a statement with respect to the recommended remedial \n actions and the timeframes to implement such actions.\n (d) Compliance Determination.--\n (1) In general.--No later than the date described under \n paragraph (2), the Director, acting through the Controller of \n the Office of Federal Financial Management, shall determine \n whether the financial management systems of an agency comply \n with the requirements of subsection (a). Such determination \n shall be based on--\n (A) a review of the report on the applicable \n agency-wide audited financial statement;\n (B) the agency comments on such report; and\n (C) any other information the Director considers \n relevant and appropriate.\n (2) Date of determination.--The determination under \n paragraph (1) shall be made no later than 90 days after the \n earlier of--\n (A) the date of the receipt of an agency-wide \n audited financial statement; or\n (B) the last day of the fiscal year following the \n year covered by such statement.\n (e) Compliance Implementation.--\n (1) In general.--If the Director determines that the \n financial management systems of an agency do not comply with \n the requirements of subsection (a), the head of the agency, in \n consultation with the Director, shall establish a remediation \n plan that shall include the resources, remedies, and \n intermediate target dates necessary to bring the agency's \n financial management systems into compliance.\n (2) Time period for compliance.--A remediation plan shall \n bring the agency's financial management systems into compliance \n no later than 2 years after the date on which the Director \n makes a determination under paragraph (1), unless the agency, \n with concurrence of the Director--\n (A) determines that the agency's financial \n management systems are so deficient as to preclude \n compliance with the requirements of subsection (a) \n within 2 years;\n (B) specifies the most feasible date for bringing \n the agency's financial management systems into \n compliance with the requirements of subsection (a); and\n (C) designates an official of the agency who shall \n be responsible for bringing the agency's financial \n management systems into compliance with the \n requirements of subsection (a) by the date specified \n under subparagraph (B).\n (3) Transfer of funds for certain improvements.--For an \n agency that has established a remediation plan under paragraph \n (2), the head of the agency, to the extent provided in an \n appropriation and with the concurrence of the Director, may \n transfer not to exceed 2 percent of available agency \n appropriations to be merged with and to be available for the \n same period of time as the appropriation or fund to which \n transferred, for priority financial management system \n improvements. Such authority shall be used only for priority \n financial management system improvements as identified by the \n head of the agency, with the concurrence of the Director, and \n in no case for an item for which Congress has denied funds. The \n head of the agency shall notify Congress 30 days before such a \n transfer is made pursuant to such authority.\n (4) Report if noncompliance within time period.--If an \n agency fails to bring its financial management systems into \n compliance within the time period specified under paragraph \n (2), the Director shall submit a report of such failure to the \n Committees on Governmental Affairs and Appropriations of the \n Senate and the Committees on Government Reform and Oversight \n and Appropriations of the House of Representatives. The report \n shall include--\n (A) the name and position of any officer or \n employee responsible for the financial management \n systems that have been found not to comply with the \n requirements of subsection (a);\n (B) the facts pertaining to the failure to comply \n with the requirements of subsection (a), including the \n nature and extent of the noncompliance, the primary \n reason or cause for the failure to comply, and any \n extenuating circumstances;\n (C) a statement of the remedial actions needed; and\n (D) a statement of any administrative action to be \n taken with respect to any responsible officer or \n employee.\n (f) Personal Responsibility.--Any financial officer or program \nmanager who knowingly and willfully commits, permits, or authorizes \nmaterial deviation from the requirements of subsection (a) may be \nsubject to administrative disciplinary action, suspension from duty, or \nremoval from office.\n\nSEC. 4. APPLICATION TO CONGRESS AND THE JUDICIAL BRANCH.\n\n (a) In General.--The Federal financial management requirements of \nthis Act may be adopted by--\n (1) the Senate by resolution as an exercise of the \n rulemaking power of the Senate;\n (2) the House of Representatives by resolution as an \n exercise of the rulemaking power of the House of \n Representatives; or\n (3) the Judicial Conference of the United States by \n regulation for the judicial branch.\n (b) Study and Report.--No later than October 1, 1997--\n (1) the Secretary of the Senate and the Clerk of the House \n of Representatives shall jointly conduct a study and submit a \n report to Congress on how the offices and committees of the \n Senate and the House of Representatives, and all offices and \n agencies of the legislative branch may achieve compliance with \n financial management and accounting standards in a manner \n comparable to the requirements of this Act; and\n (2) the Chief Justice of the United States shall conduct a \n study and submit a report to Congress on how the judiciary may \n achieve compliance with financial management and accounting \n standards in a manner comparable to the requirements of this \n Act.\n\nSEC. 5. REPORTING REQUIREMENTS.\n\n (a) Reports by Director.--No later than March 31 of each year, the \nDirector shall submit a report to the Congress regarding implementation \nof this Act. The Director may include the report in the financial \nmanagement status report and the 5-year financial management plan \nsubmitted under section 3512(a)(1) of title 31, United States Code.\n (b) Reports by the Comptroller General.--No later than October 1, \n1997, and October 1, of each year thereafter, the Comptroller General \nof the United States shall report to the appropriate committees of the \nCongress concerning--\n (1) compliance with the requirements of section 3(a) of \n this Act, including whether the financial statements of the \n Federal Government have been prepared in accordance with \n applicable accounting standards; and\n (2) the adequacy of uniform accounting standards for the \n Federal Government.\n\nSEC. 6. CONFORMING AMENDMENTS.\n\n (a) Audits by Agencies.--Section 3521(f)(1) of title 31, United \nStates Code, is amended in the first sentence by inserting ``and the \nController of the Office of Federal Financial Management'' before the \nperiod.\n (b) Financial Management Status Report.--Section 3512(a)(2) of \ntitle 31, United States Code, is amended by--\n (1) in subparagraph (D) by striking ``and'' after the \n semicolon;\n (2) by redesignating subparagraph (E) as subparagraph (F); \n and\n (3) by inserting after subparagraph (D) the following:\n ``(E) a listing of agencies whose financial \n management systems do not comply substantially with the \n requirements of the Federal Financial Management \n Improvement Act of 1996, the period of time that such \n agencies have not been in compliance, and a summary \n statement of the efforts underway to remedy the \n noncompliance; and''.\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act:\n (1) Agency.--The term ``agency'' means a department or \n agency of the United States Government as defined in section \n 901(b) of title 31, United States Code.\n (2) Director.--The term ``Director'' means the Director of \n the Office of Management and Budget.\n (3) Federal accounting standards.--The term ``Federal \n accounting standards'' means applicable accounting principles, \n standards, and requirements consistent with section \n 902(a)(3)(A) of title 31, United States Code, and includes \n concept statements with respect to the objectives of Federal \n financial reporting.\n (4) Financial management systems.--The term ``financial \n management systems'' includes the financial systems and the \n financial portions of mixed systems necessary to support \n financial management, including automated and manual processes, \n procedures, controls, data, hardware, software, and support \n personnel dedicated to the operation and maintenance of system \n functions.\n (5) Financial system.--The term ``financial system'' \n includes an information system, comprised of one or more \n applications, that is used for--\n (A) collecting, processing, maintaining, \n transmitting, or reporting data about financial events;\n (B) supporting financial planning or budgeting \n activities;\n (C) accumulating and reporting costs information; \n or\n (D) supporting the preparation of financial \n statements.\n (6) Mixed system.--The term ``mixed system'' means an \n information system that supports both financial and \n nonfinancial functions of the Federal Government or components \n thereof.\n\nSEC. 8. EFFECTIVE DATE.\n\n This Act shall take effect on October 1, 1996.\n\n Passed the Senate August 2, 1996.\n\n Attest:\n\n KELLY D. JOHNSTON,\n\n Secretary.","summary":"Federal Financial Management Improvement Act of 1996 - Requires each Federal agency to: (1) implement and maintain financial management systems that comply with Federal requirements, Federal accounting standards, and the US Government Standard General Ledger at the transaction level. And (2) give priority in funding and provide sufficient resources to implement this Act. Requires: (1) audit reporting of whether an agency's financial management systems comply with requirements. (2) compliance determination by the Director of the Office of Management and Budget (OMB), acting through the Controller of the Office of Federal Financial Management. And (3) if there is noncompliance with the standards, a remediation plan. Sets forth a limitation on the time period for bringing the agency's financial management systems into compliance. Allows the transfer of up to two percent of agency funds for priority financial management system improvements for an agency with a remediation plan. Requires a report by the Director of OMB if an agency fails to bring its financial management systems into compliance within the specified time period. Directs the: (1) Secretary of the Senate and the Clerk of the House, jointly, to study and submit a report to the Congress on how the Congress and the legislative branch may achieve compliance. And (2) Chief Justice of the United States to study and submit a report to the Congress on how the judiciary may achieve such compliance. Sets forth: (1) reporting requirements, (2) conforming amendments, (3) definitions, and (4) the effective date.","title":"Federal Financial Management Improvement Act of 1996","text_len":17634,"sum_len":1584} {"bill_id":"112_hr5334","text":"SECTION 1. BREAKTHROUGH THERAPIES.\n\n (a) In General.--Section 506 (21 U.S.C. 356) is amended--\n (1) by redesignating subsection (d) as subsection (f);\n (2) by redesignating subsections (a) through (c) as \n subsections (b) through (d), respectively;\n (3) by inserting before subsection (b), as so redesignated, \n the following:\n ``(a) Designation of a Drug as a Breakthrough Therapy.--\n ``(1) In general.--The Secretary shall, at the request of \n the sponsor of a drug, expedite the development and review of \n such drug if the drug is intended, alone or in combination with \n 1 or more other drugs, to treat a serious or life-threatening \n disease or condition and preliminary clinical evidence \n indicates that the drug may demonstrate substantial improvement \n over existing therapies on 1 or more clinically significant \n endpoints, such as substantial treatment effects observed early \n in clinical development. (In this section, such a drug is \n referred to as a `breakthrough therapy'.)\n ``(2) Request for designation.--The sponsor of a drug may \n request the Secretary to designate the drug as a breakthrough \n therapy. A request for the designation may be made concurrently \n with, or at any time after, the submission of an application \n for the investigation of the drug under section 505(i) or \n section 351(a)(3) of the Public Health Service Act.\n ``(3) Designation.--\n ``(A) In general.--Not later than 60 calendar days \n after the receipt of a request under paragraph (2), the \n Secretary shall determine whether the drug that is the \n subject of the request meets the criteria described in \n paragraph (1). If the Secretary finds that the drug \n meets the criteria, the Secretary shall designate the \n drug as a breakthrough therapy and shall take such \n actions as are appropriate to expedite the development \n and review of the application for approval of such \n drug.\n ``(B) Actions.--The actions to expedite the \n development and review of an application under \n subparagraph (A) may include, as appropriate--\n ``(i) holding meetings with the sponsor and \n the review team throughout the development of \n the drug;\n ``(ii) providing timely advice to, and \n interactive communication with, the sponsor \n regarding the development of the drug to ensure \n that the development program to gather the non-\n clinical and clinical data necessary for \n approval is as efficient as practicable;\n ``(iii) involving senior managers and \n experienced review staff, as appropriate, in a \n collaborative, cross-disciplinary review;\n ``(iv) assigning a cross-disciplinary \n project lead for the Food and Drug \n Administration review team to facilitate an \n efficient review of the development program and \n to serve as a scientific liaison between the \n review team and the sponsor; and\n ``(v) taking steps to ensure that the \n design of the clinical trials is as efficient \n as practicable, when scientifically \n appropriate, such as by minimizing the number \n of patients exposed to a potentially less \n efficacious treatment.'';\n (4) in subsection (f)(1), as so redesignated, by striking \n ``applicable to accelerated approval'' and inserting \n ``applicable to breakthrough therapies, accelerated approval, \n and''; and\n (5) by adding at the end the following:\n ``(g) Report.--Beginning in fiscal year 2013, the Secretary shall \nannually prepare and submit to the Committee on Health, Education, \nLabor, and Pensions of the Senate and the Committee on Energy and \nCommerce of the House of Representatives, and make publicly available, \nwith respect to this section for the previous fiscal year--\n ``(1) the number of drugs for which a sponsor requested \n designation as a breakthrough therapy; and\n ``(2) the number of products designated as a breakthrough \n therapy.''.\n (b) Guidance; Amended Regulations.--\n (1) In general.--\n (A) Guidance.--Not later than 18 months after the \n date of enactment of this Act, the Secretary of Health \n and Human Services (referred to in this section as the \n ``Secretary'') shall issue draft guidance on \n implementing the requirements with respect to \n breakthrough therapies, as set forth in section 506(a) \n of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 356(a)), as amended by this section. The Secretary \n shall issue final guidance not later than 1 year after \n the close of the comment period for the draft guidance.\n (B) Amended regulations.--\n (i) In general.--If the Secretary \n determines that it is necessary to amend the \n regulations under title 21, Code of Federal \n Regulations in order to implement the \n amendments made by this section to section \n 506(a) of the Federal Food, Drug, and Cosmetic \n Act, the Secretary shall amend such regulations \n not later than 2 years after the date of \n enactment of this Act.\n (ii) Procedure.--In amending regulations \n under clause (i), the Secretary shall--\n (I) issue a notice of proposed \n rulemaking that includes the proposed \n regulation;\n (II) provide a period of not less \n than 60 days for comments on the \n proposed regulation; and\n (III) publish the final regulation \n not less than 30 days before the \n effective date of the regulation.\n (iii) Restrictions.--Notwithstanding any \n other provision of law, the Secretary shall \n promulgate regulations implementing the \n amendments made by this section only as \n described in clause (ii).\n (2) Requirements.--Guidance issued under this section \n shall--\n (A) specify the process and criteria by which the \n Secretary makes a designation under section 506(a)(3) \n of the Federal Food, Drug, and Cosmetic Act; and\n (B) specify the actions the Secretary shall take to \n expedite the development and review of a breakthrough \n therapy pursuant to such designation under such section \n 506(a)(3), including updating good review management \n practices to reflect breakthrough therapies.\n (c) Independent Review.--Not later than 3 years after the date of \nenactment of this Act, the Comptroller General of the United States, in \nconsultation with appropriate experts, shall assess the manner by which \nthe Food and Drug Administration has applied the processes described in \nsection 506(a) of the Federal Food, Drug, and Cosmetic Act, as amended \nby this section, and the impact of such processes on the development \nand timely availability of innovative treatments for patients affected \nby serious or life-threatening conditions. Such assessment shall be \nmade publicly available upon completion.\n (d) Conforming Amendments.--Section 506B(e) (21 U.S.C. 356b) is \namended by striking ``section 506(b)(2)(A)'' each place such term \nappears and inserting ``section 506(c)(2)(A)''.","summary":"Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a drug, to expedite the drug's development and review if: (1) it is intended, either alone or in combination, to treat a serious life-threatening disease or condition. And (2) preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on one or more clinically significant endpoints. Authorizes the drug's sponsor to request the Secretary to designate the drug as a breakthrough therapy. Requires the Secretary, within 60 days of such request, to determine whether the drug meets such criteria and, if so, make such designation, followed by appropriate actions to expedite its development and review for approval. Requires an annual report from the Secretary to Congress on drugs for which breakthrough designations were requested and approved. Directs the Secretary to issue guidance on implementing requirements with respect to breakthrough therapies and to amend promulgated regulations. Requires the Comptroller General to assess the manner by which the Food and Drug Administration (FDA) has applied the processes established by this Act and their impact on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions.","title":"To amend chapter V of the Federal Food, Drug, and Cosmetic Act to expedite the development and review of breakthrough therapies.","text_len":8693,"sum_len":1392} {"bill_id":"113_hr1724","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kids First Research Act of 2013''.\n\nSEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION \n CAMPAIGNS.\n\n (a) Termination of Designation of Income Tax Payments.--Section \n6096 of the Internal Revenue Code of 1986 is amended by adding at the \nend the following new subsection:\n ``(d) Termination.--This section shall not apply to taxable years \nending on or after the date of the enactment of this subsection.''.\n (b) Termination of Fund and Account.--\n (1) Termination of presidential election campaign fund.--\n (A) In general.--Chapter 95 of such Code is amended \n by adding at the end the following new section:\n\n``SEC. 9014. TERMINATION.\n\n ``The provisions of this chapter shall not apply with respect to \nany presidential election (or any presidential nominating convention) \nafter the date of the enactment of this section, or to any candidate in \nsuch an election.''.\n (B) Conversion of fund to 10-year pediatric \n research initiative fund.--Section 9006 of such Code is \n amended by adding at the end the following new \n subsection:\n ``(d) Conversion to 10-Year Pediatric Research Initiative Fund.--\n ``(1) Conversion.--Effective on the date of the enactment \n of the Kids First Research Act of 2013--\n ``(A) the special fund established under this \n section shall be known and designated as the `10-Year \n Pediatric Research Initiative Fund'; and\n ``(B) all amounts in the fund as of such date shall \n be available only for the purpose provided in section \n 402A(a)(2) of the Public Health Service Act, and only \n to the extent and in such amounts as are provided in \n advance in appropriation Acts.\n ``(2) Termination.--Any amounts in the fund that remain \n unobligated on October 1, 2024, shall be deposited into the \n general fund of the Treasury.''.\n (2) Termination of account.--Chapter 96 of such Code is \n amended by adding at the end the following new section:\n\n``SEC. 9043. TERMINATION.\n\n ``The provisions of this chapter shall not apply to any candidate \nwith respect to any presidential election after the date of the \nenactment of this section.''.\n (c) Clerical Amendments.--\n (1) The table of sections for chapter 95 of such Code is \n amended by adding at the end the following new item:\n\n``Sec. 9014. Termination.''.\n (2) The table of sections for chapter 96 of such Code is \n amended by adding at the end the following new item:\n\n``Sec. 9043. Termination.''.\n\nSEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.\n\n (a) Allocation of NIH Funds in Common Fund for Pediatric \nResearch.--Paragraph (7) of section 402(b) of the Public Health Service \nAct (42 U.S.C. 282(b)) is amended to read as follows:\n ``(7)(A) shall, through the Division of Program \n Coordination, Planning, and Strategic Initiatives--\n ``(i) identify research that represents important \n areas of emerging scientific opportunities, rising \n public health challenges, or knowledge gaps that \n deserve special emphasis and would benefit from \n conducting or supporting additional research that \n involves collaboration between 2 or more national \n research institutes or national centers, or would \n otherwise benefit from strategic coordination and \n planning;\n ``(ii) include information on such research in \n reports under section 403; and\n ``(iii) in the case of such research supported with \n funds referred to in subparagraph (B)--\n ``(I) require as appropriate that proposals \n include milestones and goals for the research;\n ``(II) require that the proposals include \n timeframes for funding of the research; and\n ``(III) ensure appropriate consideration of \n proposals for which the principal investigator \n is an individual who has not previously served \n as the principal investigator of research \n conducted or supported by the National \n Institutes of Health;\n ``(B)(i) may, with respect to funds reserved under section \n 402A(c)(1) for the Common Fund, allocate such funds to the \n national research institutes and national centers for \n conducting and supporting research that is identified under \n subparagraph (A); and\n ``(ii) shall, with respect to funds appropriated to the \n Common Fund under section 402A(a)(2), allocate such funds to \n the national research institutes and national centers for \n making grants for pediatric research that is identified under \n subparagraph (A); and\n ``(C) may assign additional functions to the Division in \n support of responsibilities identified in subparagraph (A), as \n determined appropriate by the Director;''.\n (b) Funding for 10-Year Pediatric Research Initiative.--Section \n402A of the Public Health Service Act (42 U.S.C. 282a) is amended--\n (1) in subsection (a)--\n (A) by redesignating paragraphs (1) through (3) as \n subparagraphs (A) through (C), respectively, and moving \n the indentation of each such subparagraph 2 ems to the \n right;\n (B) by striking ``For purposes of carrying out this \n title'' and inserting the following:\n ``(1) This title.--For purposes of carrying out this \n title''; and\n (C) by adding at the end the following:\n ``(2) Funding for 10-year pediatric research initiative \n through common fund.--For carrying out section \n 402(b)(7)(B)(ii), there is authorized to be appropriated, out \n of funds in the 10-Year Pediatric Research Initiative Fund \n established by section 9006 of the Internal Revenue Code of \n 1986, and in addition to amounts otherwise made available under \n paragraph (1) of this subsection and reserved under subsection \n (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal \n years 2014 through 2023.''; and\n (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by \n striking ``subsection (a)'' each place it appears and inserting \n ``subsection (a)(1)''.\n (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds \nappropriated under section 402A(a)(2) of the Public Health Service Act, \nas added by subsection (b)--\n (1) shall be used to supplement, not supplant, the funds \n otherwise allocated by the National Institutes of Health for \n pediatric research; and\n (2) notwithstanding any transfer authority in any \n appropriation Act, shall not be used for any purpose other than \n making grants as described in section 402(b)(7)(B)(ii) of the \n Public Health Service Act, as added by subsection (a).\n\nSEC. 4. PROHIBITION AGAINST NIH RESEARCH ON HEALTH ECONOMICS.\n\n Section 402A of the Public Health Service Act (42 U.S.C. 282a) is \namended by adding at the end the following:\n ``(f) Health Economics Research.--\n ``(1) Ongoing research.--Before continuing any health \n economics research grant, project, or activity that is ongoing \n as of the date of the enactment of this subsection, the \n Director of NIH shall submit to the Congress a report that \n outlines the justification for such ongoing grant, project, or \n activity, including the reason for giving priority to such \n ongoing grant, project, or activity over research on pediatric \n diseases and disorders, such as autism, cancer, and other \n pediatric genetic disorders without cures.\n ``(2) New research.--The Director of NIH may not initiate \n any health economics research grant, project, or activity \n until--\n ``(A) the Director has submitted the report \n described in paragraph (1); and\n ``(B) a Federal law has been enacted authorizing \n the National Institutes of Health to use funding \n specifically for health economics research.''.","summary":"Kids First Research Act of 2013 - Amends the Internal Revenue Code to terminate: (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. Redesignates the Presidential Election Campaign Fund as the 10-Year Pediatric Research Initiative Fund. Makes amounts in the Fund available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Requires deposit into the Treasury general fund of any amounts in the Pediatric Research Initiative Fund that remain unobligated on October 1, 2024. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $13 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than making grants for pediatric research described in this Act. Requires the Director of NIH, before continuing any health economics research grant, project, or activity, to report to Congress on the justification for such research, including the reason for giving it priority over research on pediatric diseases and disorders. Prohibits the Director from initiating any health economics research grant, project, or activity until the Director has submitted the report outlining the justification and a federal law has been enacted authorizing NIH to use funding specifically for health economics research.","title":"Kids First Research Act of 2013","text_len":8813,"sum_len":2379} {"bill_id":"111_hr1319","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Informed P2P User Act''.\n\nSEC. 2. CONDUCT PROHIBITED.\n\n (a) Notice and Consent Required for File-sharing Software.--\n (1) Notice and consent required prior to installation.--It \n is unlawful for any covered entity to install on a protected \n computer or offer or make available for installation or \n download on a protected computer a covered file-sharing program \n unless such program--\n (A) immediately prior to the installation or \n downloading of such program--\n (i) provides clear and conspicuous notice \n that such program allows files on the protected \n computer to be made available for searching by \n and copying to one or more other computers; and\n (ii) obtains the informed consent to the \n installation of such program from an owner or \n authorized user of the protected computer; and\n (B) immediately prior to initial activation of a \n file-sharing function of such program--\n (i) provides clear and conspicuous notice \n of which files on the protected computer are to \n be made available for searching by and copying \n to another computer; and\n (ii) obtains the informed consent from an \n owner or authorized user of the protected \n computer for such files to be made available \n for searching and copying to another computer.\n (2) Non-application to pre-installed software.--Nothing in \n paragraph (1)(A) shall apply to the installation of a covered \n file-sharing program on a computer prior to the first sale of \n such computer to an end user, provided that notice is provided \n to the end user who first purchases the computer that such a \n program has been installed on the computer.\n (3) Non-application to software upgrades.--Once the notice \n and consent requirements of paragraphs (1)(A) and (1)(B) have \n been satisfied with respect to the installation or initial \n activation of a covered file-sharing program on a protected \n computer after the effective date of this Act, the notice and \n consent requirements of paragraphs (1)(A) and (1)(B) do not \n apply to the installation or initial activation of software \n modifications or upgrades to a covered file-sharing program \n installed on that protected computer at the time of the \n software modifications or upgrades so long as those software \n modifications or upgrades do not--\n (A) make files on the protected computer available \n for searching by and copying to one or more other \n computers that were not already made available by the \n covered file-sharing program for searching by and \n copying to one or more other computers; or\n (B) add to the types or locations of files that can \n be made available by the covered file-sharing program \n for searching by and copying to one or more other \n computers.\n (b) Preventing the Disabling or Removal of Certain Software.--It is \nunlawful for any covered entity--\n (1) to prevent the reasonable efforts of an owner or \n authorized user of a protected computer from blocking the \n installation of a covered file-sharing program or file-sharing \n function thereof; or\n (2) to prevent an owner or authorized user of a protected \n computer from having a reasonable means to either--\n (A) disable from the protected computer any covered \n file-sharing program; or\n (B) remove from the protected computer any covered \n file-sharing program that the covered entity caused to \n be installed on that computer or induced another \n individual to install.\n\nSEC. 3. ENFORCEMENT.\n\n (a) Unfair and Deceptive Acts and Practices.--A violation of \nsection 2 shall be treated as a violation of a rule defining an unfair \nor deceptive act or practice prescribed under section 18(a)(1)(B) of \nthe Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Federal Trade Commission Enforcement.--The Federal Trade \nCommission shall enforce this Act in the same manner, by the same \nmeans, and with the same jurisdiction as though all applicable terms \nand provisions of the Federal Trade Commission Act were incorporated \ninto and made a part of this Act.\n (c) Preservation of Federal and State Authority.--Nothing in this \nAct shall be construed to limit or supersede any other Federal or State \nlaw.\n\nSEC. 4. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``commercial entity'' means an entity engaged \n in acts or practices in or affecting commerce, as such term is \n defined in section 4 of the Federal Trade Commission Act (15 \n U.S.C. 44);\n (2) the term ``covered entity'' means--\n (A) a commercial entity that develops a covered \n file-sharing program; and\n (B) a commercial entity that disseminates or \n distributes a covered file-sharing program and is owned \n or operated by the commercial entity that developed the \n covered file-sharing program;\n (3) the term ``protected computer'' has the meaning given \n such term in section 1030(e)(2) of title 18, United States \n Code; and\n (4) the term ``covered file-sharing program''--\n (A) means a program, application, or software that \n is commercially marketed or distributed to the public \n and that enables--\n (i) a file or files on the protected \n computer on which such program is installed to \n be designated as available for searching by and \n copying to one or more other computers owned by \n another person;\n (ii) the searching of files on the \n protected computer on which such program is \n installed and the copying of any such file to a \n computer owned by another person--\n (I) at the initiative of such other \n computer and without requiring any \n action by an owner or authorized user \n of the protected computer on which such \n program is installed; and\n (II) without requiring an owner or \n authorized user of the protected \n computer on which such program is \n installed to have selected or \n designated a computer owned by another \n person as the recipient of any such \n file; and\n (iii) the protected computer on which such \n program is installed to search files on one or \n more other computers owned by another person \n using the same or a compatible program, \n application, or software, and to copy files \n from the other computer to such protected \n computer; and\n (B) does not include a program, application, or \n software designed primarily to--\n (i) operate as a server that is accessible \n over the Internet using the Internet Domain \n Name system;\n (ii) transmit or receive email messages, \n instant messaging, real-time audio or video \n communications, or real-time voice \n communications; or\n (iii) provide network or computer security, \n network management, hosting and backup \n services, maintenance, diagnostics, technical \n support or repair, or to detect or prevent \n fraudulent activities; and\n (5) the term ``initial activation of a file-sharing \n function'' means--\n (A) the first time the file sharing function of a \n covered file-sharing program is activated on a \n protected computer; and\n (B) does not include subsequent uses of the program \n on that protected computer.\n\nSEC. 5. RULEMAKING.\n\n The Federal Trade Commission may promulgate regulations under \nsection 553 of title 5, United States Code to accomplish the purposes \nof this Act. In promulgating rules under this Act, the Federal Trade \nCommission shall not require the deployment or use of any specific \nproducts or technologies.\n\nSEC. 6. NONAPPLICATION TO GOVERNMENT.\n\n The prohibition in section 2 of this Act shall not apply to the \nFederal Government or any instrumentality of the Federal Government, \nnor to any State government or government of a subdivision of a State.\n\n Passed the House of Representatives December 8, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Informed P2P User Act - Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner. And (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent. Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met. And (2) pre-installed software. Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program. Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. Defines protected computer to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects US interstate or foreign commerce. Makes this Act inapplicable to the federal or any state government or subdivision.","title":"To prevent the inadvertent disclosure of information on a computer through the use of certain \"peer-to-peer\" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer.","text_len":10054,"sum_len":1719} {"bill_id":"107_s1838","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pension Protection and \nDiversification Act of 2001''.\n\nSEC. 2. 20-PERCENT LIMITATION ON EMPLOYER STOCK AND REAL PROPERTY HELD \n BY PARTICIPANT IN CERTAIN INDIVIDUAL ACCOUNT PLANS.\n\n (a) In General.--Section 407 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1107) is amended by adding at the end \nthe following:\n ``(g) Diversification Requirements Applicable to Certain Individual \nAccount Plans.--\n ``(1) In general.--An applicable individual account plan \n shall not be treated as an eligible individual account plan (as \n defined in subsection (d)(3)) unless the plan meets--\n ``(A) the acquisition and holding requirements of \n paragraph (2), and\n ``(B) the divestment requirement of paragraph (3).\n ``(2) Acquisition and holding requirements.--A plan meets \n the requirements of this paragraph only if--\n ``(A) the plan may not acquire qualifying employer \n securities or qualifying employer real property to the \n extent that, immediately after the acquisition, the \n fair market value of all qualifying employer securities \n and qualifying employer real property allocated (or to \n be allocated) to any participant or beneficiary would \n exceed 20 percent of the fair market value of all \n assets allocated (or to be allocated) to such \n participant or beneficiary under the plan, and\n ``(B) as of the last day of any calendar quarter, \n the fair market value of all qualifying employer \n securities and qualifying employer real property \n allocated (or to be allocated) to any participant or \n beneficiary does not exceed 20 percent of the fair \n market value of all assets allocated (or to be \n allocated) to such participant or beneficiary.\n ``(3) Opportunity for employee to divest employer \n securities.--A plan meets the requirements of this paragraph if \n each employee who has a nonforfeitable right to 100 percent of \n the employee's accrued benefit derived from employer \n contributions may, at any time after the 90th day following the \n allocation of any qualifying employer securities or qualifying \n employer real property to the employee under the plan, direct \n the plan to divest the employee's account of such securities or \n property and reinvest an equivalent amount in other assets.\n ``(4) Divestiture.--\n ``(A) In general.--The Secretary shall prescribe \n regulations under which--\n ``(i) a plan is given a reasonable period \n of time to divest itself of qualifying employer \n securities and qualifying employer real \n property in order to meet the requirements of \n this subsection, and\n ``(ii) in the case of a plan in which a \n participant or beneficiary exercises control \n over assets in an account, the participant is \n given reasonable notice of the requirement, and \n a reasonable period of time, to make such \n divestiture.\n ``(B) Waiver in de minimis cases.--The Secretary \n may by regulations waive the application of paragraph \n (2)(B) in cases where the failure with respect to any \n participant or beneficiary is de minimis and due solely \n to market fluctuation.\n ``(5) Definitions and special rules.--For purposes of this \n subsection--\n ``(A) Applicable individual account plan.--The term \n `applicable individual account plan' means an \n individual account plan other than an employee stock \n ownership plan as defined in section 4975(e)(7) of the \n Internal Revenue Code of 1986.\n ``(B) Aggregation.--All applicable individual \n account plans (other than multiemployer plans) \n maintained by the same employer shall be treated as a \n single plan.\n ``(6) Transition rules.--\n ``(A) In general.--If, as of December 31, 2002, the \n fair market value of qualifying employer securities and \n qualifying employer real property allocated (or to be \n allocated) under any plan to any one participant or \n beneficiary exceeds 20 percent of the fair market value \n of all assets so allocated (or to be allocated), the \n plan shall be treated as meeting the requirements of \n paragraph (2)(B). This subparagraph shall cease to \n apply if any such securities or property are allocated \n after December 31, 2002, to the participant or \n beneficiary without the requirements of paragraph \n (2)(A) or subparagraph (B) being met.\n ``(B) Contractual requirements.--If qualifying \n employer securities or qualifying employer real \n property are acquired after December 31, 2002, pursuant \n to a contract in effect on the date of enactment of \n this subsection and at all times thereafter, the fair \n market value of such securities or property as of \n December 31, 2002, shall be taken into account under \n subparagraph (A).''\n (b) Conforming Amendment.--Section 407(b)(1) of such Act (29 U.S.C. \n1107(b)(1)) is amended by striking ``Subsection (a)'' and inserting \n``Subject to subsection (g), subsection (a)''.\n\nSEC. 3. IMPROVEMENTS IN ABILITY OF EMPLOYEES TO DIVERSIFY ASSETS IN \n ESOPS.\n\n (a) In General.--Subparagraph (B)(iii) of section 401(a)(28) of the \nInternal Revenue Code of 1986 (relating to additional requirements for \nemployee stock ownerships plans) is amended--\n (1) by striking ``10 years'' and inserting ``5 years'', and\n (2) by striking ``age 55'' and inserting ``age 35''.\n (b) Trustee-to-Trustee Transfer Required.--Clause (ii) of section \n401(a)(28)(B) of such Code is amended by adding at the end the \nfollowing new flush sentence:\n ``In the case of a qualified participant who \n has not attained the age of 55 on or before the \n date of any distribution described in subclause \n (I), a plan shall be treated as meeting the \n requirements of subclause (I) only if such \n distribution is made in the form of a direct \n trustee-to-trustee transfer to an eligible \n retirement plan (as defined in paragraph \n (31)(D)) specified by the participant.''\n\nSEC. 4. REDUCTION IN DEDUCTION FOR EMPLOYER MATCHING CONTRIBUTIONS TO \n DEFINED CONTRIBUTION PLANS MADE IN EMPLOYER SECURITIES.\n\n Section 404(a) of the Internal Revenue Code of 1986 (relating to \ndeduction for contributions of an employer to an employee trust, etc.) \nis amended by adding at the end the following:\n ``(12) Limitations on deductions for employer matching \n contributions made in employer securities.--In the case of an \n employer matching contribution of employer securities (as \n defined in section 409(l)) to a defined contribution plan other \n than an employee stock ownership plan (as defined in section \n 4975(e)(7)), the amount of the deduction allowed shall be equal \n to 50 percent of the amount allowable without regard to this \n paragraph.''\n\nSEC. 5. EFFECTIVE DATES.\n\n (a) In General.--The amendments made by this Act shall apply to \nyears beginning after December 31, 2002.\n (b) Collective Bargaining Agreements.--In the case of a plan \nmaintained pursuant to one or more collective bargaining agreements \nbetween employee representatives and one or more employers ratified by \nthe date of the enactment of this Act, the amendments made by this Act \nshall not apply with respect to employees covered by any such agreement \nfor plan years beginning before the earlier of--\n (1) the later of--\n (A) the date on which the last of such collective \n bargaining agreements terminates (determined without \n regard to any extension thereof on or after such date \n of enactment), or\n (B) January 1, 2003, or\n (2) January 1, 2005.","summary":"Pension Protection and Diversification Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) limit to 20 percent the portion of funds which may be invested in the employer's stock and real property by an employee's individual account plans under section 401(k) of the Internal Revenue Code. And (2) allow an employee to direct the plan to divest the employee's account of such employer securities or property and to reinvest an equal amount in other assets, at any time after 90 days following allocation of employer securities or real property to the employee's individual account plan. Exempts employee stock ownership plans (ESOPS) from these new ERISA provisions. Amends Internal Revenue Code to: (1) allow employees to diversify assets in ESOPS after five years, and after they've reached age 35. And (2) reduce by 50 percent the allowable deduction for employer matching contributions to defined contribution plans made in employer securities.","title":"A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that individual account plans protect workers by limiting the amount of employer stock each worker may hold and encouraging diversification of investment of plan assets, and for other purposes.","text_len":9065,"sum_len":984} {"bill_id":"113_hr5149","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Smart Water Management Conservation \nand Efficiency Act of 2014''.\n\nSEC. 2. SMART WATER MANAGEMENT PILOT PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Eligible entity.--The term ``eligible entity'' means--\n (A) a utility;\n (B) a municipality;\n (C) a water district; and\n (D) any other authority that provides drinking \n water, wastewater treatment, or water reuse services.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (3) Smart water management pilot program.--The term ``smart \n water management pilot program'' or ``pilot program'' means the \n pilot program established under subsection (b).\n (b) Smart Water Management Pilot Program.--\n (1) In general.--The Secretary shall establish and carry \n out a smart water management pilot program in accordance with \n this section.\n (2) Purpose.--The purpose of the smart water management \n pilot program is to award grants to eligible entities to \n demonstrate and deploy novel and innovative technology-based \n solutions that will--\n (A) increase the energy and water efficiency of \n drinking water, wastewater treatment, and water reuse \n systems;\n (B) improve drinking water, water reuse, and \n wastewater treatment systems to help communities across \n the United States make significant progress in \n conserving water, saving energy, and reducing costs; \n and\n (C) support the implementation of innovative \n processes and the installation of advanced automated \n systems that provide real-time data on energy and \n water.\n (3) Project selection.--\n (A) In general.--The Secretary shall make \n competitive, merit-reviewed grants under the pilot \n program to not less than 3, but not more than 5, \n eligible entities.\n (B) Selection criteria.--In selecting an eligible \n entity to receive a grant under the pilot program, the \n Secretary shall consider--\n (i) energy and cost savings;\n (ii) the novelty of the technology to be \n used;\n (iii) the degree to which the project \n integrates next-generation sensors, software, \n analytics, and management tools;\n (iv) the anticipated cost-effectiveness of \n the pilot project in terms of energy efficiency \n savings, water savings or reuse, and \n infrastructure costs averted;\n (v) whether the technology can be deployed \n in a variety of geographic regions and the \n degree to which the technology can be \n implemented on a smaller or larger scale; and\n (vi) whether the project will be completed \n in 5 years or less.\n (C) Applications.--\n (i) In general.--Subject to clause (ii), an \n eligible entity seeking a grant under the pilot \n program shall submit to the Secretary an \n application at such time, in such manner, and \n containing such information as the Secretary \n determines to be necessary.\n (ii) Contents.--An application under clause \n (i) shall, at a minimum, include--\n (I) a description of the project;\n (II) a description of the \n technology to be used in the project;\n (III) the anticipated results, \n including energy and water savings, of \n the project;\n (IV) a comprehensive budget for the \n project;\n (V) the names of the project lead \n organization and any partners;\n (VI) the number of users to be \n served by the project; and\n (VII) any other information that \n the Secretary determines to be \n necessary to complete the review and \n selection of a grant recipient.\n (4) Administration.--\n (A) In general.--Not later than 300 days after the \n date of enactment of this Act, the Secretary shall \n select grant recipients under this section.\n (B) Evaluations.--The Secretary shall annually \n carry out an evaluation of each project for which a \n grant is provided under this section that--\n (i) evaluates the progress and impact of \n the project; and\n (ii) assesses the degree to which the \n project is meeting the goals of the pilot \n program.\n (C) Technical assistance.--On the request of a \n grant recipient, the Secretary shall provide technical \n assistance.\n (D) Best practices.--The Secretary shall make \n available to the public--\n (i) a copy of each evaluation carried out \n under subparagraph (B); and\n (ii) a description of any best practices \n identified by the Secretary as a result of \n those evaluations.\n (E) Report to congress.--The Secretary shall submit \n to Congress a report containing the results of each \n evaluation carried out under subparagraph (B).\n (c) Funding.--\n (1) In general.--The Secretary shall use not less than \n $7,500,000 of amounts made available to the Secretary to carry \n out this section.\n (2) Prioritization.--In funding activities under this \n section, the Secretary shall prioritize funding in the \n following manner:\n (A) Any unobligated amounts made available to the \n Secretary to carry out the activities of the Energy \n Efficiency and Renewable Energy Office.\n (B) Any unobligated amounts (other than those \n described in subparagraph (A)) made available to the \n Secretary.","summary":"Smart Water Management Conservation and Efficiency Act of 2014 - Directs the Secretary of Energy (DOE) to establish and carry out a smart water management pilot program to award grants to three to five eligible entities to demonstrate and deploy novel and innovative technology-based solutions that will: (1) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems. (2) improve such systems to help communities make significant progress in conserving water, saving energy, and reducing costs. And (3) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. Directs the Secretary, in selecting grant recipient, to consider: energy and cost savings, the novelty of the technology to be used. The degree to which the project integrates next-generation sensors, software, analytics, and management tools. The anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted. Whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale. And whether the project will be completed in five years or less. Requires the Secretary to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public.","title":"Smart Water Management Conservation and Efficiency Act of 2014","text_len":7228,"sum_len":1474} {"bill_id":"105_hr4129","text":"SECTION 1. TRANSFER OF ADMINISTRATIVE JURISDICTION.\n\n (a) Transfer From BLM to Department of Energy.--\n (1) In general.--Administrative jurisdiction over the \n following parcels of land in the State of Washington, \n comprising approximately 49,280 acres, is transferred from the \n Secretary of the Interior, acting through the Director of the \n Bureau of Land Management, to the Secretary of Energy:\n (A) Sections 6 and 8, the portion of the NE\\1\/4\\ of \n 18 north of the north right-of-way for Horn Rapids \n Road, T10N, R28E, Willamette Meridian.\n (B) Section 6, the portion of S\\1\/2\\ of 12 north of \n the north right-of-way of Horn Rapids Road, the portion \n of 2 north of the north right-of-way of Route 240, \n NE\\1\/2\\ of 8, N\\1\/2\\ and W\\1\/2\\, SW\\1\/4\\ and the \n portion of the NE\\1\/4\\, SE\\1\/4\\ of 4, north of the \n Yakima River, T10N, R27E, Willamette Meridian.\n (C) NW\\1\/4\\ of 2, T11N, R24E, Willamette Meridian.\n (D) NE\\1\/4\\ of the NE\\1\/4\\ of 4, NE\\1\/4\\ and the \n N\\1\/2\\ of the NW\\1\/4\\ of 2, NW\\1\/4\\ and W\\1\/2\\ of the \n NE\\1\/4\\ of 6, T11N, R26E, Willamette Meridian.\n (E) Sections 2, 4, 6, 8, 10, 12, 14, and 24, T11N, \n R26E, Willamette Meridian.\n (F) Sections 2, 8, 10, 12, 14, 18, 22, 24, 26, 28, \n 30, 32, 34, and the NE\\1\/4\\ and SE\\1\/4\\ of 4, SW\\1\/4\\ \n of 6, NW\\1\/4\\, SW\\1\/4\\ and SE\\1\/4\\ of 20, T11N, R27E, \n Willamette Meridian.\n (G) Sections 4, 6, 8, 10, 18, 20, 28, 30, and 32, \n NW\\1\/4\\ and SW\\1\/4\\ of 22 and all land lying west of \n the Columbia River in 2, T11N, R28E, Willamette \n Meridian.\n (H) Sections 14, 24, and 26, T12N, R24E, Willamette \n Meridian.\n (I) Sections 6, 8, 10, 18, 22, 24, and 30, NW\\1\/4\\, \n NE\\1\/4\\ and SE\\1\/4\\ of 4, W\\1\/2\\, and the E\\1\/2\\ of the \n NE\\1\/4\\ and the NE\\1\/4\\ of the SE\\1\/4\\ of 20, N\\1\/2\\ of \n the NW\\1\/4\\ and N\\1\/2\\ of the NE\\1\/4\\ and SW\\1\/4\\ of \n the SE\\1\/4\\ and SE\\1\/4\\ of the SW\\1\/4\\ of 26, NE\\1\/4\\ \n of the NE\\1\/4\\ of 32, S\\1\/2\\ of the NW\\1\/4\\ and S\\1\/2\\ \n of the NE\\1\/4\\ and S\\1\/2\\ of 34, T12N, R25E, Willamette \n Meridian.\n (J) Sections 20, 22, 24, 26, 28, 30, 32, and 34, \n T12N, R26E, Willamette Meridian.\n (K) Sections 14, 18, 20, 22, 24, 26, 28, 30, 32, \n and 34, NE\\1\/4\\ and S\\1\/2\\ of the SE\\1\/4\\ of 4, S\\1\/2\\ \n and NW\\1\/4\\ of the SW\\1\/4\\ of 6, SW\\1\/4\\, and the NW\\1\/\n 4\\, SW\\1\/4\\, SE\\1\/4\\ of the SE\\1\/4\\ and SW\\1\/4\\ of the \n NW\\1\/4\\ of 8, T12N, R27E, Willamette Meridian.\n (L) Section 30, S\\1\/2\\ and NW\\1\/4\\ of 32, S\\1\/2\\ of \n 34, T12N, R28E, Willamette Meridian.\n (M) S\\1\/2\\ of the NW\\1\/4\\ and SW\\1\/4\\ of 14, N\\1\/2\\ \n of the NE\\1\/4\\ of 24, SW\\1\/4\\ of the SE\\1\/4\\ of 22, \n T13N, R24E, Willamette Meridian.\n (N) Sections 24, 28, S\\1\/2\\ of the SE\\1\/4\\ and \n SW\\1\/4\\ of 18, NW\\1\/4\\ of the SE\\1\/4\\ of 20, S\\1\/2\\ of \n 32, T13N, R25E, Willamette Meridian.\n (2) Withdrawal and use.--The land described in paragraph \n (1) is withdrawn from all forms of appropriation under the \n public land laws, including the mining and mineral leasing \n laws, and reserved for the use of the Hanford project of the \n Department of Energy.\n (3) Authorities.--\n (A) In general.--The Secretary of Energy shall \n exercise all of the authorities with respect to the \n land described in paragraph (1) under the Atomic Energy \n Act of 1954 (42 U.S.C. 2011 et seq.) and the Atomic \n Energy Community Act of 1955 (42 U.S.C. 2301 et seq.).\n (B) Disposal.--Any disposal of land described in \n paragraph (1) under the Atomic Energy Act of 1954 (42 \n U.S.C. 2011 et seq.) or the Atomic Energy Community Act \n of 1955 (42 U.S.C. 2301 et seq.) shall be subject to \n valid existing rights of third parties.\n (C) Effect.--This paragraph does not add to, \n modify, or eliminate any authority of the Secretary of \n Energy to dispose of property under the Atomic Energy \n Act of 1954 (42 U.S.C. 2011 et seq.) or the Atomic \n Energy Community Act of 1955 (42 U.S.C. 2301 et seq.).\n (b) Transfer From Department of Energy to BLM.--\n (1) In general.--Administrative jurisdiction over the \n following parcels of land in the State of Washington, \n comprising approximately 48,640 acres, is transferred from the \n Secretary of Energy to the Secretary of the Interior, acting \n through the Director of the Bureau of Land Management:\n (A) Sections 13, 24, 25, 34-36, NE\\1\/4\\ and SE\\1\/4\\ \n of 11, NE\\1\/4\\ and SE\\1\/4\\ of 14, NE\\1\/4\\ and SE\\1\/4\\ \n of 23, NE\\1\/4\\ and SE\\1\/4\\ of 26, SW\\1\/4\\ and SE\\1\/4\\ \n of 33, except NW\\1\/4\\ of section 12, T14N, R26E, \n Willamette Meridian.\n (B) Sections 7, 17-20, 28-34, T14N, R27E, \n Willamette Meridian.\n (C) Sections 1-4, 9-13, 15-17, 20-24, SE\\1\/4\\ of 5, \n NE\\1\/4\\, SE\\1\/4\\ and SW\\1\/4\\ of 8, NE\\1\/4\\ and NW\\1\/4\\ \n of 27, NE\\1\/4\\ and NW\\1\/4\\ of 26, NW\\1\/4\\, NE\\1\/4\\ and \n SE\\1\/4\\ of 25, NW\\1\/4\\ and SW\\1\/4\\ of the NW\\1\/4\\ of \n 14, NW\\1\/4\\ and NE\\1\/4\\ of the SW\\1\/4\\ of 14, NW\\1\/4\\ \n and NE\\1\/4\\ of the SE\\1\/4\\ of 14, SW\\1\/4\\ and SE\\1\/4\\ \n of the NE\\1\/4\\ of 14, T13N, R26E, Willamette Meridian.\n (D) Sections 3-10, 14-17, 19-30, 35, 36, NE\\1\/4\\ \n and NW\\1\/4\\ of 31, NE\\1\/4\\ and NW\\1\/4\\ of 32, NE\\1\/4\\ \n and NW\\1\/4\\ of 33, NW\\1\/4\\, NE\\1\/4\\ and SE\\1\/4\\ of 34, \n NE\\1\/4\\ and SE\\1\/4\\ of NW\\1\/4\\ NE\\1\/4\\ and SE\\1\/4\\ \n SW\\1\/4\\ of 18, T13N, R27E, Willamette Meridian.\n (E) Sections 30-32, T13N, R28E, Willamette \n Meridian.\n (F) Section 1, NW\\1\/4\\ and NE\\1\/4\\ of 2, NE\\1\/4\\ of \n 12, NW\\1\/4\\ and SW\\1\/4\\ of the SE\\1\/4\\ of 12, NE\\1\/4\\ \n and SE\\1\/4\\ of 13, T12N, R27E, Willamette Meridian.\n (G) Sections 4, 5, 7, 9, 10, 15-17, 19, 21, 23, 27, \n 29, NE\\1\/4\\ and SE\\1\/4\\ of 6, NE\\1\/4\\ and NW\\1\/4\\ of 8, \n NE\\1\/4\\ and NW\\1\/4\\ of 33, NE\\1\/4\\ and NW\\1\/4\\ of 35, \n T12N, R28E, Willamette Meridian.\n (2) Status.--The land described in paragraph (1)--\n (A) shall be treated as public land (within the \n meaning of section 103 of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1702)) and shall be \n subject to all of the laws (including regulations) \n applicable to the public land; and\n (B) is withdrawn from all forms of appropriation \n under the public land laws, including the mining and \n mineral leasing laws, and reserved for the use of the \n Secretary of Energy in connection with the Hanford \n operations of the Department of Energy until the \n withdrawal and reservation are revoked by order of the \n Secretary of the Interior with the concurrence of the \n Secretary of Energy.","summary":"Transfers administrative jurisdiction over specified lands in the State of Washington from: (1) the Secretary of the Interior, acting through the Bureau of Land Management, to the Secretary of Energy. And (2) the Secretary of Energy to the Secretary of the Interior, acting through the Bureau of Land Management. Withdraws such lands from all forms of appropriation under the public land laws, including the mining and mineral leasing law. Sets forth: (1) reservations of such lands in connection with the Hanford project of the Department of Energy. And (2) authorities and disposal requirements under the Atomic Energy Act of 1954 with respect to the lands transferred to the Secretary of Energy.","title":"To transfer administrative jurisdiction over certain parcels of land in the State of Washington from the Secretary of the Interior to the Secretary of Energy and to transfer administrative jurisdiction over certain parcels of land in the State of Washington from the Secretary of Energy to the Secretary of the Interior.","text_len":8041,"sum_len":698} {"bill_id":"105_hr1749","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Managed Care Plan Accountability Act \nof 1997''.\n\nSEC. 2. IMPROVEMENTS IN ERISA ENFORCEMENT WITH RESPECT TO MANAGED CARE \n GROUP HEALTH PLANS.\n\n (a) Additional Remedies for Cost-Driven Violations of Plan Terms.--\n (1) In general.--Section 502(c) of the Employee Retirement \n Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended--\n (A) by redesignating paragraph (6) as paragraph \n (7); and\n (B) by inserting after paragraph (5) the following \n new paragraph:\n ``(6)(A) In any case in which a group health plan, or a health \ninsurance issuer offering health insurance coverage in connection with \nsuch plan, provides benefits under such plan under managed care, and \nsuch plan or issuer fails to provide any such benefit in accordance \nwith the terms of the plan or such coverage, insofar as such failure \noccurs pursuant to a clinically or medically inappropriate decision or \ndetermination resulting from--\n ``(i) the application of any cost containment technique,\n ``(ii) any utilization review directed at cost containment, \n or\n ``(iii) any other medical care delivery policy decision \n which restricts the ability of providers of medical care from \n utilizing their full discretion for treatment of patients,\neach specified defendant shall be jointly and severally liable to any \nparticipant or beneficiary aggrieved by such failure for actual damages \n(including compensatory and consequential damages) proximately caused \nby such failure, and may, in the court's discretion, be liable to such \nparticipant or beneficiary for punitive damages.\n ``(B) For purposes of this paragraph--\n ``(i) a group health plan, or a health insurance issuer \n offering health insurance coverage in connection with the plan, \n provides benefits under `managed care' if the plan or the \n issuer--\n ``(I) provides or arranges for the provision of the \n benefits to participants and beneficiaries primarily \n through participating providers of medical care, or\n ``(II) provides financial incentives (such as \n variable copayments and deductibles) to induce \n participants and beneficiaries to obtain the benefits \n primarily through participating providers of medical \n care,\n or both.\n ``(ii) The term `specified defendant' means, in connection \n with any failure to provide any benefit, a person who is--\n ``(I) the plan sponsor, or\n ``(II) a health insurance issuer offering health \n insurance coverage in connection with the plan,\n insofar as an act or failure to act of such person constitutes \n or contributes to the failure to so provide such benefit.\n ``(iii) The term `participating' means, with respect to a \n provider of medical care in relation to a group health plan or \n health insurance coverage offered in connection with a group \n health plan, a provider that furnishes the items and services \n comprising medical care to participants and beneficiaries under \n the plan under an agreement with the plan or with a health \n insurance issuer offering the coverage.\n ``(iv) The provisions of section 733 apply in the same \n manner and to the same extent as they apply for purposes of \n part 7.\n ``(C) Remedies under this paragraph are in addition to remedies \notherwise provided under this section.''.\n (2) Concurrent jurisdiction.--Section 502(e)(1) of such Act \n (29 U.S.C. 1132(e)(1)) is amended--\n (A) in the first sentence, by inserting ``and \n except for actions under subsection (a)(1)(A) of this \n section for the relief provided in subsection (c)(6) of \n this section,'' after ``this section,''; and\n (B) in the last sentence, by inserting ``and under \n subsection (a)(1)(A) of this section for the relief \n provided in subsection (c)(6) of this section'' after \n ``this section''.\n (b) Indemnification for Liability of Providers Bound by Plan \nRestrictions on Medical Communications.--Section 502 of such Act (29 \nU.S.C. 1132) is amended further by adding at the end the following new \nsubsection:\n ``(n)(1) In any case in which a group health plan, or a health \ninsurance issuer offering health insurance coverage in connection with \nsuch plan, provides benefits under such plan under managed care, the \nplan shall provide for full indemnification of any participating \nprovider of medical care for any liability incurred by such provider \nfor any failure to provide any such benefit in accordance with the \nterms of the plan or such coverage, if such failure is the direct \nresult of a plan restriction on medical communications under the plan.\n ``(2) For purposes of this subsection--\n ``(A) the term `plan restriction on medical communications' \n under a group health plan means a provision of the plan, or of \n any health insurance coverage offered in connection with the \n plan, which prohibits, restricts, or interferes with any \n medical communication as part of--\n ``(i) a written contract or agreement with a \n participating provider of medical care,\n ``(ii) a written statement to a participating \n provider of medical care, or\n ``(iii) an oral communication to a participating \n provider of medical care.\n ``(B) The term `medical communication'--\n ``(i) means any communication made by the provider \n of medical care--\n ``(I) regarding the mental or physical \n health care needs or treatment of a patient and \n the provisions, terms, or requirements of the \n group health plan or health insurance coverage \n or another plan or coverage relating to such \n needs or treatment, and\n ``(II) between the provider and a current, \n former, or prospective patient (or the guardian \n or legal representative of a patient), between \n the provider and any employee or representative \n of the plan or issuer, or between the provider \n and any employee or representative of any State \n or Federal authority with responsibility for \n the licensing or oversight with respect to the \n plan or issuer; and\n ``(ii) includes communications concerning--\n ``(I) any tests, consultations, and \n treatment options,\n ``(II) any risks or benefits associated \n with such tests, consultations, and options,\n ``(III) variation among any providers of \n medical care and any institutions providing \n such services in experience, quality, or \n outcomes,\n ``(IV) the basis or standard for the \n decision of a managed care group health plan, \n or a health insurance issuer offering health \n insurance coverage in connection with such a \n plan, to authorize or deny particular benefits \n consisting of medical care,\n ``(V) the process used by the plan or \n issuer to determine whether to authorize or \n deny particular benefits consisting of medical \n care, and\n ``(VI) any financial incentives or \n disincentives provided by the plan or issuer to \n a provider of medical care that are based on \n service utilization.\n ``(C) For purposes of this paragraph, the provisions of \n subsection (c)(6)(B) apply in the same manner and to the same \n extent as they apply for purposes of subsection (c)(6), and the \n provisions of section 733 apply in the same manner and to the \n same extent as they apply for purposes of part 7.''.\n\nSEC. 3. EXCISE TAX FOR COST-DRIVEN VIOLATIONS OF PLAN TERMS.\n\n (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subchapter:\n\n ``Subchapter B--Failure To Provide Health Benefits Due to Improper \n Cost-Driven Delivery Policy Decisions\n\n ``Sec. 9811. Failure to provide health \n benefits due to improper cost-\n driven delivery policy \n decisions.\n\n``SEC. 9811. FAILURE TO PROVIDE HEALTH BENEFITS DUE TO IMPROPER COST-\n DRIVEN DELIVERY POLICY DECISIONS.\n\n ``(a) General Rule.--In the case of a group health coverage to \nwhich this section applies, there is a failure to meet the requirements \nof this chapter if--\n ``(1) the provider of such coverage fails to provide any \n benefit in accordance with the terms of the coverage, and\n ``(2) such failure occurs pursuant to a clinically or \n medically inappropriate decision or determination resulting \n from the application of--\n ``(A) any cost containment technique,\n ``(B) any utilization review directed at cost \n containment, or\n ``(C) any other medical care delivery policy \n decision which restricts the ability of providers of \n medical care from utilizing their full discretion for \n treatment of patients.\n ``(b) Health Coverage Providers to Which Section Applies.--This \nsection shall apply to any group health coverage which is provided \nunder managed care.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Group health coverage.--The term `group health \n coverage' means--\n ``(A) coverage under any group health plan, and\n ``(B) health insurance coverage provided by a \n health insurance issuer.\n ``(2) Managed care.--Group health coverage is provided \n under managed care if--\n ``(A) such coverage is provided primarily through \n participating providers of medical care, or\n ``(B) the provider of such coverage provides \n financial incentives (such as variable copayments and \n deductibles) to induce participants and beneficiaries \n to obtain the benefits primarily through participating \n providers of medical care,\n or both.\n ``(3) Provider.--The term `provider' means--\n ``(A) the group health plan in the case of coverage \n described in paragraph (2)(A), and\n ``(B) the health insurance issuer in the case of \n coverage described in paragraph (2)(B).\n ``(4) Other definitions.--The terms `group health plan', \n `health insurance coverage', and `health insurance issuer' have \n the respective meanings given such terms by section 9805.''.\n (b) Conforming Amendments.--\n (1) Subtitle K of such Code is amended by striking all that \n precedes section 9801 and inserting the following:\n\n ``Subtitle K--Group Health Plan Requirements\n\n ``Chapter 100. Group health plan \n requirements.\n\n ``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS\n\n ``Subchapter A. Requirements relating to \n portability, access, and \n renewability.\n ``Subchapter B. Failure to provide health \n benefits due to improper cost-\n driven delivery policy \n decisions.''\n (2) The table of subtitles for such Code is amended by \n striking the item relating to subtitle K and inserting the \n following new item:\n\n ``Subtitle K. Group health plan \n requirements.''\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to plan \nyears beginning after on or after January 1, 1998.","summary":"Managed Care Plan Accountability Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code (IRC) with respect to accountability for violations of requirements for managed care group health plans, especially failure to provide health benefits due to improper cost-driven delivery policy decisions. Imposes joint and several liability for actual damages, and, in the court's discretion, for punitive damages, on a group health plan, or a plan health insurance issuer, for failure to provide a benefit in accordance with plan terms, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from application of any cost containment technique, related utilization review, or any other medical care delivery policy decision which restricts the ability of medical care providers to use their full discretion for treatment of patients. Provides for an action for damages in either a State or Federal court. Requires managed care group health plans to provide for full indemnification of medical care providers bound by plan restrictions for any liability incurred for such a failure if it is the direct result of a plan restriction on medical communications. Amends the IRC to establish an excise tax for such cost-driven violations of plan terms.","title":"Managed Care Plan Accountability Act of 1997","text_len":13281,"sum_len":1346} {"bill_id":"106_hr3274","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Patients' Formulary Rights Act of \n1999''.\n\nSEC. 2. PATIENT PROTECTIONS AGAINST ABUSE OF FORMULARIES FOR \n PRESCRIPTION DRUGS.\n\n (a) Group Health Plans.--\n (1) Public health service act amendments.--(A) Subpart 2 of \n part A of title XXVII of the Public Health Service Act is \n amended by adding at the end the following new section:\n\n``SEC. 2707. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC \n SUBSTITUTION.\n\n ``(a) Requirements on Use of Formularies.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, \n shall not use a formulary unless the plan or issuer--\n ``(A) notifies participants, beneficiaries, and \n enrollees, prior to initial enrollment or coverage, and \n makes available at any time to health care \n professionals who prescribe prescription drugs under \n the plan or coverage of the information described in \n paragraph (2);\n ``(B) notifies participants, beneficiaries, \n enrollees, and health care providers who prescribe \n covered prescription drugs under the plan or coverage \n on a routine and annual basis of any changes in \n (including deletions from) the formulary; and\n ``(C) in the case of a participant, beneficiary, or \n enrollee who is provided coverage for a prescription \n drug at the time the drug is removed from the \n formulary, to permit the participant, beneficiary, or \n enrollee to continue to have the drug prescribed for \n treatment of the same condition for which it was \n previously prescribed.\n ``(2) Information to be disclosed.--The information \n described in this paragraph is as follows (with respect to \n prescription drug coverage under a group health plan or health \n insurance coverage):\n ``(A) Extent of therapeutic substitution.--What \n constitutes the practice or therapeutic substitution \n that may be effected under the plan or coverage.\n ``(B) Formulary.--A complete list of all the \n prescription drugs included in the formulary and any \n changes in the formulary and how decisions to include \n drugs in the formulary are made.\n ``(C) Access to nonformulary drugs.--The fact that \n a patient can have a prescription filled as written \n (rather than subject to therapeutic substitution) if \n the prescribing health care professional uses a \n `dispense as written' or similar endorsement.\n ``(D) Payment for nonformulary drugs.--Whether or \n not the plan or coverage will cover or pay for \n prescription drugs not included in the formulary and, \n if it will, the extent of such coverage or payment.\n ``(E) Cost-sharing.--The copayments and other cost-\n sharing that is applicable under the plan or coverage \n for prescription drugs included on the formulary and \n for those not included on the formulary.\n ``(F) Limits on payments.--Limitations on the \n dollar amount the plan or coverage will cover for \n outpatient prescription drugs, including any such \n limits on a per year, per lifetime, or per diagnosis \n basis.\n ``(3) Formulary defined.--For purposes of this subsection, \n the term `formulary' includes any method under which a plan or \n issuer limits the particular drugs (among those that may be \n legally prescribed for treatment) for which coverage is made \n available under the plan or health insurance coverage offered \n by the issuer.\n ``(b) Notice of Requirement.--A group health plan under this part \nshall comply with the notice requirement under section 714(b) of the \nEmployee Retirement Income Security Act of 1974 with respect to the \nrequirements of this section as if such section applied to such plan.\n ``(c) Formulary Defined.--For purposes of this section, the term \n`formulary' includes any method under which a plan or issuer limits the \nparticular drugs (among those that may be legally prescribed for \ntreatment) for which coverage is made available under the plan or \nhealth insurance coverage offered by the issuer.''.\n (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is \n amended by striking ``section 2704'' and inserting ``sections \n 2704 and 2707''.\n (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle \n B of title I of the Employee Retirement Income Security Act of \n 1974 is amended by adding at the end the following new section:\n\n``SEC. 714. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC \n SUBSTITUTION.\n\n ``(a) Requirements on Use of Formularies.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, \n shall not use a formulary unless the plan or issuer--\n ``(A) notifies participants, beneficiaries, and \n enrollees, prior to initial enrollment or coverage, and \n makes available at any time to health care \n professionals who prescribe prescription drugs under \n the plan or coverage of the information described in \n paragraph (2);\n ``(B) notifies participants, beneficiaries, \n enrollees, and health care providers who prescribe \n covered prescription drugs under the plan or coverage \n on a routine and annual basis of any changes in \n (including deletions from) the formulary; and\n ``(C) in the case of a participant, beneficiary, or \n enrollee who is provided coverage for a prescription \n drug at the time the drug is removed from the \n formulary, to permit the participant, beneficiary, or \n enrollee to continue to have the drug prescribed for \n treatment of the same condition for which it was \n previously prescribed.\n ``(2) Information.--The information described in this \n paragraph is as follows (with respect to prescription drug \n coverage under a group health plan or health insurance \n coverage):\n ``(A) Extent of therapeutic substitution.--What \n constitutes the practice or therapeutic substitution \n that may be effected under the plan or coverage.\n ``(B) Formulary.--A complete list of all the \n prescription drugs included in the formulary and any \n changes in the formulary and how decisions to include \n drugs in the formulary are made.\n ``(C) Access to nonformulary drugs.--The fact that \n a patient can have a prescription filled as written \n (rather than subject to therapeutic substitution) if \n the prescribing health care professional uses a \n `dispense as written' or similar endorsement.\n ``(D) Payment for nonformulary drugs.--Whether or \n not the plan or coverage will cover or pay for \n prescription drugs not included in the formulary and, \n if it will, the extent of such coverage or payment.\n ``(E) Cost-sharing.--The copayments and other cost-\n sharing that is applicable under the plan or coverage \n for prescription drugs included on the formulary and \n for those not included on the formulary.\n ``(F) Limits on payments.--Limitations on the \n dollar amount the plan or coverage will cover for \n outpatient prescription drugs, including such any such \n limits on a per year, per lifetime, or per diagnosis \n basis.\n ``(b) Notice Under Group Health Plan.--The imposition of the \nrequirement of this section shall be treated as a material modification \nin the terms of the plan described in section 102(a)(1), for purposes \nof assuring notice of such requirements under the plan; except that the \nsummary description required to be provided under the last sentence of \nsection 104(b)(1) with respect to such modification shall be provided \nby not later than 60 days after the first day of the first plan year in \nwhich such requirement apply.\n ``(c) Formulary Defined.--For purposes of this section, the term \n`formulary' includes any method under which a plan or issuer limits the \nparticular drugs (among those that may be legally prescribed for \ntreatment) for which coverage is made available under the plan or \nhealth insurance coverage offered by the issuer.''.\n (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is \n amended by striking ``section 711'' and inserting ``sections \n 711 and 714''.\n (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is \n amended by striking ``section 711'' and inserting ``sections \n 711 and 714''.\n (D) The table of contents in section 1 of such Act is \n amended by inserting after the item relating to section 713 the \n following new item:\n\n``Sec. 714. Standards relating to use of formularies and therapeutic \n substitution.''.\n (3) Internal revenue code amendments.--\n (A) In general.--Subchapter B of chapter 100 of the \n Internal Revenue Code of 1986 is amended--\n (i) in the table of sections, by inserting \n after the item relating to section 9812 the \n following new item:\n\n ``Sec. 9813. Standards relating to use of \n formularies and therapeutic \n substitution.''; and\n (ii) by inserting after section 9812 the \n following:\n\n``SEC. 9813. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC \n SUBSTITUTION.\n\n ``(a) Requirements on Use of Formularies.--\n ``(1) In general.--A group health plan shall not use a \n formulary unless the plan or issuer--\n ``(A) notifies participants and beneficiaries, \n prior to initial enrollment or coverage, and makes \n available at any time to health care professionals who \n prescribe prescription drugs under the plan of the \n information described in paragraph (2);\n ``(B) notifies participants, beneficiaries, and \n health care providers who prescribe covered \n prescription drugs under the plan on a routine and \n annual basis of any changes in (including deletions \n from) the formulary; and\n ``(C) in the case of a participant or beneficiary \n who is provided coverage for a prescription drug at the \n time the drug is removed from the formulary, to permit \n the participant or beneficiary to continue to have the \n drug prescribed for treatment of the same condition for \n which it was previously prescribed.\n ``(2) Information.--The information described in this \n paragraph is as follows (with respect to prescription drug \ncoverage under a group health plan):\n ``(A) Extent of therapeutic substitution.--What \n constitutes the practice or therapeutic substitution \n that may be effected under the plan.\n ``(B) Formulary.--A complete list of all the \n prescription drugs included in the formulary and any \n changes in the formulary and how decisions to include \n drugs in the formulary are made.\n ``(C) Access to nonformulary drugs.--The fact that \n a patient can have a prescription filled as written \n (rather than subject to therapeutic substitution) if \n the prescribing health care professional uses a \n `dispense as written' or similar endorsement.\n ``(D) Payment for nonformulary drugs.--Whether or \n not the plan will cover or pay for prescription drugs \n not included in the formulary and, if it will, the \n extent of such coverage or payment.\n ``(E) Cost-sharing.--The copayments and other cost-\n sharing that is applicable under the plan for \n prescription drugs included on the formulary and for \n those not included on the formulary.\n ``(F) Limits on payments.--Limitations on the \n dollar amount the plan will cover for outpatient \n prescription drugs, including such any such limits on a \n per year, per lifetime, or per diagnosis basis.\n ``(b) Formulary Defined.--For purposes of this section, the term \n`formulary' includes any method under which a plan or issuer limits the \nparticular drugs (among those that may be legally prescribed for \ntreatment) for which coverage is made available under the plan.''\n (B) Conforming amendment.--Section 4980D(d)(1) of \n such Code is amended by striking ``section 9811'' and \n inserting ``sections 9811 and 9813''.\n (b) Individual Health Insurance.--(1) Part B of title XXVII of the \nPublic Health Service Act is amended by inserting after section 2752 \nthe following new section:\n\n``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE.\n\n ``(a) In General.--The provisions of section 2707(a) shall apply to \nhealth insurance coverage offered by a health insurance issuer in the \nindividual market in the same manner as they apply to health insurance \ncoverage offered by a health insurance issuer in connection with a \ngroup health plan in the small or large group market.\n ``(b) Notice.--A health insurance issuer under this part shall \ncomply with the notice requirement under section 714(b) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nreferred to in subsection (a) as if such section applied to such issuer \nand such issuer were a group health plan.''.\n (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is \namended by striking ``section 2751'' and inserting ``sections 2751 and \n2753''.\n (c) Medicare+Choice Plans.--Section 1852 of the Social Security Act \n(42 U.S.C. 1395w-22) is amended by adding at the end the following new \nsubsection:\n ``(l) Formulary Requirements.--\n ``(1) In general.--A Medicare+Choice organization shall \n comply with the requirements of section 2707 of the Public \n Health Service Act with respect to a Medicare+Choice plan it \n offers in the same manner as such requirements apply to health \n insurance coverage offered in connection with a group health \n plan.\n ``(2) Construction.--Nothing in paragraph (1) shall be \n construed as superseding other requirements of this part, \n except to the extent the Secretary specifically finds that such \n other requirements are less stringent, and do not duplicate, \n the requirements referred to in such paragraph.''.\n (d) Effective Dates.--\n (1) Group health plans and group health insurance \n coverage.--Subject to paragraph (4), the amendments made by \n subsection (a) apply with respect to group health plans for \n plan years beginning on or after January 1, 2001.\n (2) Individual health insurance coverage.--The amendments \n made by subsection (b) apply with respect to health insurance \n coverage offered, sold, issued, renewed, in effect, or operated \n in the individual market on or after such date.\n (3) Medicare+choice plans.--The amendments made by \n subsection (b) apply with respect to Medicare+Choice plans \n offered on or after such date.\n (4) Collective bargaining exception.--In the case of a \n group health plan maintained pursuant to 1 or more collective \n bargaining agreements between employee representatives and 1 or \n more employers ratified before the date of enactment of this \n Act, the amendments made subsection (a) shall not apply to plan \n years beginning before the later of--\n (A) the date on which the last collective \n bargaining agreements relating to the plan terminates \n (determined without regard to any extension thereof \n agreed to after the date of enactment of this Act), or\n (B) January 1, 2001.\n For purposes of subparagraph (A), any plan amendment made \n pursuant to a collective bargaining agreement relating to the \n plan which amends the plan solely to conform to any requirement \n added by subsection (a) shall not be treated as a termination \n of such collective bargaining agreement.\n (e) Coordination of Administration.--The Secretary of Labor, the \nSecretary of the Treasury, and the Secretary of Health and Human \nServices shall ensure, through the execution of an interagency \nmemorandum of understanding among such Secretaries, that--\n (1) regulations, rulings, and interpretations issued by \n such Secretaries relating to the same matter over which two or \n more such Secretaries have responsibility under the provisions \n of this Act (and the amendments made thereby) are administered \n so as to have the same effect at all times; and\n (2) coordination of policies relating to enforcing the same \n requirements through such Secretaries in order to have a \n coordinated enforcement strategy that avoids duplication of \n enforcement efforts and assigns priorities in enforcement.","summary":"Includes within required formulary information: (1) the extent of therapeutic substitution. (2) a complete list of all drugs included in the formulary, (3) information on access to nonformulary drugs. (4) whether or not, and to what extent, coverage will exist for nonformulary drugs, (5) copayments or other cost-sharing for formulary drugs. And (6) limits on coverage payments for outpatient formulary and nonformulary drugs. Amends title XVIII (Medicare) of the Social Security Act to require its authorized health insurance issuers and any MedicareChoice organization to comply with such notification requirements in the same manner that such requirements apply to health insurance coverage or issuers in connection with a group plan. Requires the coordination of notification and formulary requirements through an interagency memorandum of understanding among the Secretaries of Labor, the Treasury, and Health and Human Services.","title":"Patients' Formulary Rights Act of 1999","text_len":18800,"sum_len":935} {"bill_id":"112_s1424","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Off-Reservation Land Acquisition \nGuidance Act''.\n\nSEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE.\n\n (a) Definition of Off-Reservation Land.--In this Act, the term \n``off-reservation land'' means land that is--\n (1) located outside of, and noncontiguous to, the \n reservation of an Indian tribe;\n (2) likely to qualify for, result in, or be associated with \n the development of an Indian gaming facility; and\n (3) located beyond a reasonable commuting distance from the \n reservation of that Indian tribe.\n (b) Procedure.--Before determining whether to take off-reservation \nland into trust for the benefit of an Indian tribe under section 5 of \nthe Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the \n``Indian Reorganization Act''), the Secretary shall evaluate--\n (1) the anticipated benefits to the Indian tribe associated \n with taking the off-reservation land into trust; and\n (2) any concerns raised by applicable State and local \n governments relating to the acquisition of the off-reservation \n land.\n (c) Evaluation.--\n (1) Benefit to tribe.--In evaluating the anticipated \n benefits to the Indian tribe of taking a parcel of off-\n reservation land into trust, the Secretary shall prepare a \n report that includes an assessment of--\n (A) the impacts of taking the applicable off-\n reservation land into trust on the on-reservation \n unemployment rate;\n (B) the impacts of taking the applicable off-\n reservation land into trust on reservation life and \n tribal membership if the members, dependents, and \n descendants of the Indian tribe relocate to the off-\n reservation land or adjacent communities;\n (C) the specific on-reservation benefits of taking \n the off-reservation land into trust, including an \n assessment of whether on-reservation jobs will be \n created and, if so, the quantity of jobs expected to be \n created; and\n (D) whether the tribal government can efficiently \n exercise the governmental and regulatory \n responsibilities of the tribal government if a gaming \n facility is constructed on the off-reservation land.\n (2) State and local concerns.--In evaluating any concerns \n raised by applicable State and local governments relating to \n taking a parcel of off-reservation land into trust, the \n Secretary shall prepare a report that includes an assessment \n of--\n (A) whether the transfer of jurisdiction to the \n Indian tribe over the parcel is likely to disrupt \n established local governmental operations;\n (B) potential impacts on real property taxes and \n special assessments on adjacent land and property, \n including any impact on State and local governments \n resulting from the exemption of the parcel from the \n taxation;\n (C) whether the Indian tribe has submitted \n intergovernmental agreements necessary to address State \n and local government concerns, including agreements \n regarding law enforcement jurisdiction on the parcel;\n (D) the compatibility of the anticipated use of the \n land with the zoning and land use requirements of the \n applicable State and local governments;\n (E) traffic, noise, and other negative effects on \n development associated with, or generated by, the \n anticipated use of the land, including any impact on \n local water resources and water and wastewater \n infrastructure; and\n (F) any potential incompatible use between the \n anticipated use of the land and adjacent or contiguous \n land zoned or used for--\n (i) national parks;\n (ii) national monuments;\n (iii) conservation areas;\n (iv) national fish and wildlife refuges;\n (v) daycare centers;\n (vi) schools;\n (vii) churches; or\n (viii) residential developments.\n (d) Submission From Indian Tribe.--The Indian tribe requesting off-\nreservation land to be taken into trust under section 5 of the Act of \nJune 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian \nReorganization Act'') shall disclose and submit to the Secretary--\n (1) any plan, contract, agreement, or other information \n relating to the use, or intended use, of the off-reservation \n land by the Indian tribe, along with written documentation of \n the plan, contract, or agreement;\n (2) a request for a written opinion from the Office of \n Indian Gaming that the off-reservation land is eligible for \n gaming; and\n (3) any other information the Secretary requires in \n determining whether to take the off-reservation land into trust \n for the benefit of the Indian tribe.\n (e) Applicability.--The Secretary shall not take the applicable \noff-reservation land into trust under section 5 of the Act of June 18, \n1934 (25 U.S.C. 45) (commonly known as the ``Indian Reorganization \nAct''), unless the Secretary determines that--\n (1) the Indian tribe has adequately addressed the concerns \n identified in the written assessments under subsection (c)(2);\n (2) the Indian tribe has provided the information required \n under subsection (d); and\n (3) the proposed use of the land by the Indian tribe is \n compatible with State and local requirements for planning and \n zoning and public health and safety.\n\nSEC. 3. STAY OF DECISIONMAKING.\n\n (a) In General.--Unless explicitly required by an Act of Congress, \nthe Secretary shall not approve any application for taking off-\nreservation land into trust that is pending on the date of enactment of \nthis Act until the date on which the Secretary promulgates regulations \nto carry out this Act.\n (b) Future Effect.--All applications for taking off-reservation \nland into trust that are pending on the date of enactment of this Act \nshall be subject to the provisions of the regulations described in \nsubsection (a).","summary":"Off-Reservation Land Acquisition Guidance Act - Directs the Secretary of the Interior to consider anticipated tribal benefits and applicable state and local government concerns before taking off-reservation land into trust for Indian tribes. Defines off-reservation land as land that is beyond a reasonable commuting distance from the applicable tribe's reservation and likely to be used for gaming. Requires an Indian tribe requesting that such land be taken into trust for the tribe to disclose and submit to the Secretary: (1) any plan, contract, agreement, or other information relating to the use, or intended use, of such land by the tribe. (2) a request for a written opinion from the Office of Indian Gaming that the land is eligible for gaming. And (3) any other information the Secretary requires in rendering a decision. Requires a tribe's proposed use of the land to be compatible with state and local planning and zoning, and public health and safety requirements. Directs the Secretary to promulgate regulations to carry out this Act before approving any application to take off-reservation land into trust for Indian tribes.","title":"A bill to clarify the responsibilities of the Secretary of the Interior in making a determination whether to take off-reservation land into trust for gaming purposes.","text_len":6816,"sum_len":1139} {"bill_id":"111_hr6522","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``End Tax Uncertainty Act of 2010''.\n\nSEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT.\n\n (a) Economic Growth and Tax Relief Reconciliation Act of 2001.--\nTitle IX of the Economic Growth and Tax Relief Reconciliation Act of \n2001 is hereby repealed.\n (b) Income Tax Rates on Dividends and Net Capital Gain.--Section \n303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is \nhereby repealed.\n (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 3. ESTATE AND GIFT TAX PERMANENTLY REPEALED.\n\n Effective for estates of decedents dying, gifts made, or generation \nskipping transfers, after December 31, 2010, subtitle B of the Internal \nRevenue Code of 1986 is repealed.\n\nSEC. 4. PERMANENT INDIVIDUAL AMT RELIEF.\n\n (a) Modification of Alternative Minimum Tax Exemption Amount.--\n (1) In general.--Paragraph (1) of section 55(d) of the \n Internal Revenue Code of 1986 (relating to exemption amount) is \n amended to read as follows:\n ``(1) Exemption amount for taxpayers other than \n corporations.--In the case of a taxpayer other than a \n corporation, the term `exemption amount' means--\n ``(A) the dollar amount for taxable years beginning \n in the calendar year as specified in the table \n contained in paragraph (4)(A) in the case of--\n ``(i) a joint return, or\n ``(ii) a surviving spouse,\n ``(B) the dollar amount for taxable years beginning \n in the calendar year as specified in the table \n contained in paragraph (4)(B) in the case of an \n individual who--\n ``(i) is not a married individual, and\n ``(ii) is not a surviving spouse,\n ``(C) 50 percent of the dollar amount applicable \n under paragraph (1)(A) in the case of a married \n individual who files a separate return, and\n ``(D) $22,500 in the case of an estate or trust.\n For purposes of this paragraph, the term `surviving spouse' has \n the meaning given to such term by section 2(a), and marital \n status shall be determined under section 7703.''.\n (2) Specified exemption amounts.--Section 55(d) of such \n Code is amended by adding at the end the following new \n paragraph:\n ``(4) Specified exemption amounts.--\n ``(A) Taxpayers described in paragraph (1)(A).--For \n purposes of paragraph (1))(A)--\n\n\n------------------------------------------------------------------------\n The\n ``For taxable years beginning in-- exemption\n amount is:\n------------------------------------------------------------------------\n2010....................................................... $72,450\n2011....................................................... $74,450\n2012....................................................... $78,250\n2013....................................................... $81,450\n2014....................................................... $85,050\n2015....................................................... $88,650\n2016....................................................... $92,650\n2017....................................................... $96,550\n2018....................................................... $100,950\n2019....................................................... $105,150\n2020....................................................... $109,950.\n------------------------------------------------------------------------\n\n ``(B) Taxpayers described in paragraph (1)(B).--For \n purposes of paragraph (1))(B)--\n\n\n------------------------------------------------------------------------\n The\n ``For taxable years beginning in-- exemption\n amount is:\n------------------------------------------------------------------------\n2010....................................................... $47,450\n2011....................................................... $48,450\n2012....................................................... $50,350\n2013....................................................... $51,950\n2014....................................................... $53,750\n2015....................................................... $55,550\n2016....................................................... $57,550\n2017....................................................... $59,500\n2018....................................................... $61,700\n2019....................................................... $63,800\n2020....................................................... $66,200.''.\n------------------------------------------------------------------------\n\n (b) Alternative Minimum Tax Relief for Nonrefundable Credits.--\n (1) In general.--Subsection (a) of section 26 of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(a) Limitation Based on Amount of Tax.--The aggregate amount of \ncredits allowed by this subpart for the taxable year shall not exceed \nthe sum of--\n ``(1) the taxpayer's regular tax liability for the taxable \n year reduced by the foreign tax credit allowable under section \n 27(a), and\n ``(2) the tax imposed by section 55(a) for the taxable \n year.''.\n (2) Conforming amendments.--\n (A) Adoption credit.--\n (i) Section 23(b) of such Code, as in \n effect on December 31, 2009, is amended by \n striking paragraph (4).\n (ii) Section 23(c) of such Code, as in \n effect on December 31, 2009, is amended by \n striking paragraphs (1) and (2) and inserting \n the following:\n ``(1) In general.--If the credit allowable under subsection \n (a) for any taxable year exceeds the limitation imposed by \n section 26(a) for such taxable year reduced by the sum of the \n credits allowable under this subpart (other than this section \n and sections 25D and 1400C), such excess shall be carried to \n the succeeding taxable year and added to the credit allowable \n under subsection (a) for such taxable year.''.\n (iii) Section 23(c) of such Code, as in \n effect on December 31, 2009 amended by \n redesignating paragraph (3) as paragraph (2).\n (B) Child tax credit.--\n (i) Section 24(b) of such Code is amended \n by striking paragraph (3).\n (ii) Section 24(d)(1) of such Code is \n amended--\n (I) by striking ``section 26(a)(2) \n or subsection (b)(3), as the case may \n be,'' each place it appears in \n subparagraphs (A) and (B) and inserting \n ``section 26(a)'', and\n (II) by striking ``section 26(a)(2) \n or subsection (b)(3), as the case may \n be'' in the second last sentence and \n inserting ``section 26(a)''.\n (C) Credit for interest on certain home \n mortgages.--Section 25(e)(1)(C) of such Code is amended \n to read as follows:\n ``(C) Applicable tax limit.--For purposes of this \n paragraph, the term `applicable tax limit' means the \n limitation imposed by section 26(a) for the taxable \n year reduced by the sum of the credits allowable under \n this subpart (other than this section and sections 23, \n 25D, and 1400C).''.\n (D) Savers' credit.--Section 25B of such Code is \n amended by striking subsection (g).\n (E) Residential energy efficient property.--Section \n 25D(c) of such Code is amended to read as follows:\n ``(c) Carryforward of Unused Credit.--If the credit allowable under \nsubsection (a) exceeds the limitation imposed by section 26(a) for such \ntaxable year reduced by the sum of the credits allowable under this \nsubpart (other than this section), such excess shall be carried to the \nsucceeding taxable year and added to the credit allowable under \nsubsection (a) for such succeeding taxable year.''.\n (F) Certain plug-in electric vehicles.--Section \n 30(c)(2) of such Code is amended to read as follows:\n ``(2) Personal credit.--For purposes of this title, the \n credit allowed under subsection (a) for any taxable year \n (determined after application of paragraph (1)) shall be \n treated as a credit allowable under subpart A for such taxable \n year.''.\n (G) Alternative motor vehicle credit.--Section \n 30B(g)(2) of such Code is amended to read as follows:\n ``(2) Personal credit.--For purposes of this title, the \n credit allowed under subsection (a) for any taxable year \n (determined after application of paragraph (1)) shall be \n treated as a credit allowable under subpart A for such taxable \n year.''.\n (H) New qualified plug-in electric vehicle \n credit.--Section 30D(c)(2) of such Code is amended to \n read as follows:\n ``(2) Personal credit.--For purposes of this title, the \n credit allowed under subsection (a) for any taxable year \n (determined after application of paragraph (1)) shall be \n treated as a credit allowable under subpart A for such taxable \n year.''.\n (I) Cross references.--Section 55(c)(3) of such \n Code is amended by striking ``26(a), 30C(d)(2),'' and \n inserting ``30C(d)(2)''.\n (J) Foreign tax credit.--Section 904 of such Code \n is amended by striking subsection (i) and by \n redesignating subsections (j) , (k), and (l) as \n subsections (i), (j), and (k), respectively.\n (K) First-time home buyer credit for the district \n of columbia.--Section 1400C(d) of such Code is amended \n to read as follows:\n ``(d) Carryforward of Unused Credit.--If the credit allowable under \nsubsection (a) exceeds the limitation imposed by section 26(a) for such \ntaxable year reduced by the sum of the credits allowable under subpart \nA of part IV of subchapter A (other than this section and section 25D), \nsuch excess shall be carried to the succeeding taxable year and added \nto the credit allowable under subsection (a) for such taxable year.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2009.\n\nSEC. 5. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT.\n\n (a) In General.--Paragraph (1) of section 11(b) of the Internal \nRevenue Code of 1986 is amended by striking ``but does not exceed \n$75,000'' and all that follows and inserting a period.\n (b) Personal Service Corporations.--Paragraph (2) of section 11(b) \nof such Code is amended by striking ``35 percent'' and inserting ``25 \npercent''.\n (c) Conforming Amendments.--\n (1) Subsection (a) of section 1201 of such Code is amended \n by striking ``35 percent'' each place it appears and inserting \n ``25 percent''.\n (2) Paragraphs (1) and (2) of section 1445(e) of such Code \n are each amended by striking ``35 percent'' and inserting ``25 \n percent''.\n (d) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2010.","summary":"End Tax Uncertainty Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001. (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income. And (3) the repeal, after December 31, 2010, of the estate, gift, and generation-skipping transfer tax. Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers. (2) allow a permanent offset against the AMT for certain nonrefundable tax credits. And (3) reduce to 25 the maximum income tax rate for corporations, including personal service corporations.","title":"To prevent pending tax increases and to permanently repeal estate and gift taxes, and for other purposes.","text_len":12646,"sum_len":752} {"bill_id":"115_hr2863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Land and National Park Deferred \nMaintenance Act'' or the ``LAND Act''.\n\nSEC. 2. LAND AND WATER CONSERVATION FUND.\n\n (a) Reauthorization.--Section 200302 of title 54, United States \nCode, is amended--\n (1) in subsection (b), in the matter preceding paragraph \n (1), by striking ``September 30, 2018,'' and inserting \n ``September 30, 2024''; and\n (2) in paragraph (1) of subsection (c), by striking \n ``September 30, 2018'', and inserting ``September 30, 2024''.\n (b) Funding.--Section 200303 of title 54, United States Code, is \namended to read as follows:\n``Sec. 200303. Funding\n ``(a) Funding for Fiscal Years 2018 Through 2024.--From amounts \ncovered into the fund under section 200302 of this chapter--\n ``(1) $450,000,000 in each fiscal year shall be available \n for expenditure to carry out the purposes of this Act, without \n further appropriation or fiscal year limitation, to carry out \n the purposes of the Fund (including accounts and programs made \n available from the Fund under the Consolidated Appropriations \n Act, 2017 (Public Law 115-31)); and\n ``(2) the remainder of amounts covered into the fund shall \n be available subject to appropriations, which may be made \n without fiscal year limitation.\n ``(b) Uses.--Amounts made available for obligation or expenditure \nfrom the fund may be obligated or expended only as provided in this \nchapter.''.\n (c) Allocation and Uses of Funds.--Section 200304 of title 54, \nUnited States Code, is amended--\n (1) by striking ``There'' and inserting ``(a) In General.--\n There''; and\n (2) by striking the second sentence and inserting the \n following:\n ``(b) Allocation.--Of amounts appropriated or expended from the \nFund--\n ``(1) $180,000,000 shall be used for Federal purposes under \n section 200306;\n ``(2) $220,000,000 shall be used--\n ``(A) to provide financial assistance to States \n under section 200305;\n ``(B) for the Forest Legacy Program established \n under section 7 of the Cooperative Forestry Assistance \n Act of 1978 (16 U.S.C. 2103c);\n ``(C) for the American Battlefield Protection \n Program established under chapter 3081; and\n ``(D) for cooperative endangered species grants \n authorized under section 6 of the Endangered Species \n Act of 1973 (16 U.S.C. 1535); and\n ``(3) remaining appropriations or expenditures shall be \n used for activities described under paragraphs (1) and (2).\n ``(c) Priorities.--The President shall, as part of the President's \nannual budget submission to Congress, submit to Congress detailed \naccount, program, and project allocations for funds made available \nunder paragraph (b)(1). Acts of appropriation may provide alternate \nallocations for such amounts.\n ``(d) Prohibition on Use of Eminent Domain.--No funds made \navailable to a State under this Act may be used for the acquisition of \nland, water, or an interest in land or water by eminent domain.''.\n (d) Recreation Access.--Section 200306 of title 54, United States \nCode, is amended by adding at the end the following:\n ``(c) Public Access.--Not less than 1.5 percent of amounts \nappropriated or expended under this chapter in each fiscal year shall \nbe made available for the fiscal year for projects that secure \nrecreational public access to existing Federal public land for hunting, \nfishing, and other recreational purposes.''.\n (e) Conforming Amendments.--In title 54, United States Code--\n (1) in section 200302, paragraph (3) of subsection (c) is \n amended by inserting ``or otherwise expended'' after \n ``Congress'';\n (2) in section 200304--\n (A) the first sentence is amended by inserting ``or \n expenditures'' after ``appropriations''; and\n (B) the second sentence is amended by inserting \n ``or expenditures'' after ``appropriations'';\n (3) in section 200305--\n (A) the matter preceding paragraph (1) of \n subsection (b) is amended by inserting ``or otherwise \n provided'' after ``appropriated'';\n (B) paragraph (1) of subsection (b) is amended by \n inserting ``expenditures'' after ``appropriations''; \n and\n (C) paragraph (2) of subsection (b) is amended by \n inserting ``expenditure'' after ``appropriation''; and\n (4) in section 200306--\n (A) paragraph (1) is amended by inserting ``or \n expended'' after ``appropriated'';\n (B) in paragraph (2), subparagraph (B)(ii) is \n amended by inserting ``or expended'' after \n ``appropriated'';\n (C) paragraph (4) is amended by inserting ``or \n expenditures'' after ``appropriations'' each time it \n appears; and\n (D) subsection (b) is amended by inserting ``or \n expenditures'' after ``Appropriations'' each time it \n appears.\n (f) Clerical Amendment.--The table of sections for chapter 2003 of \ntitle 54, United States Code, is amended by striking the item relating \nto section 200303 and inserting the following:\n\n``200303. Funding.''.\n\nSEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION \n CONSERVATION FUND.\n\n (a) In General.--There is hereby established in the Treasury a \nspecial account to be known as the ``National Park Service and Related \nAgencies Maintenance and Revitalization Conservation Fund''.\n (b) Availability of Funds.--For each of fiscal years 2018 through \n2024, $450,000,000 shall be available for expenditure to carry out the \npurposes of this Act, without further appropriation or fiscal year \nlimitation, to carry out the purposes of the Fund. Amounts from the \nFund shall not be used for the acquisition of land or interests in \nland.\n (c) Deposits.--At the beginning of each applicable fiscal year, \nthere shall be deposited in the Fund $450,000,000 from mineral revenues \ndue and payable to the United States that are not otherwise credited, \ncovered, or deposited under Federal law.\n (d) Department of the Interior.--Of funds made available under \nsubsection (b) each fiscal year, the Secretary of the Interior shall \nuse the following amounts for high priority deferred maintenance needs \nthat support critical infrastructure and visitor services:\n (1) $25,000,000 for Federal land under the administrative \n jurisdiction of the United States Fish and Wildlife Service.\n (2) $25,000,000 for Federal land under the administrative \n jurisdiction of the Bureau of Land Management.\n (3) $375,000,000 for Federal land under the administrative \n jurisdiction of the National Park Service.\n (e) Department of Agriculture.--Of funds made available under \nsubsection (b) each fiscal year, the Secretary of Agriculture shall use \n$25,000,000 for Federal land under the administrative jurisdiction of \nthe Forest Service for high priority deferred maintenance needs that \nsupport critical infrastructure and visitor services.\n\nSEC. 4. OFFSET.\n\n It is the sense of Congress that the costs of carrying out this Act \nshould be offset.","summary":"Land and National Park Deferred Maintenance Act or the LAND Act This bill extends the Land and Water Conservation Fund (LWCF) through FY2024. From the amounts deposited into the LWCF, $450 million shall be available in each fiscal year for expenditure to carry out the purposes of the Act establishing the LWCF and the purposes of the LWCF. Remaining amounts in the LWCF shall be available subject to appropriations. The bill specifies the use of amounts for federal purposes for certain land and water acquisitions and financial assistance to states for LWCF purposes and outdoor recreation, the Forest Legacy Program, cooperative endangered species grants, and the American Battlefield Protection Program. The President must submit to Congress, as part of the annual budget submission, the account, program, and project allocations for funds that are made available from the LWCF for federal purposes. The bill prohibits the use of any funding made available to a state under this bill from being used for the acquisition of lands, waters, or interests in lands or waters by eminent domain. At least 1.5 of appropriated or expended LWCF funds must be available for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes. The bill establishes a National Park Service and Related Agencies Maintenance and Revitalization Conservation Fund in the Treasury for the deposit through FY2024 of $450 million from mineral revenues that are not otherwise credited, covered, or deposited under federal law. Of amounts made available from this fund, the Department of the Interior shall use specified amounts for high priority deferred maintenance needs that support critical infrastructure and visitor services. The Department of Agriculture shall use a specified amount for federal lands administered by the Forest Service for such high priority deferred maintenance needs.","title":"Land and National Park Deferred Maintenance Act","text_len":7664,"sum_len":1943} {"bill_id":"109_s3956","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Crime Victims with Disabilities Act \nof 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Adults with disabilities experience violence or abuse \n at least twice as often as people without disabilities.\n (2) Women with disabilities are more likely to be \n victimized, to experience more severe and prolonged violence, \n and to suffer more serious and chronic effects from that \n violence, than women without such disabilities.\n (3) An estimated 5,000,000 crimes are committed against \n individuals with developmental disabilities annually.\n (4) Over 70 percent of crimes committed against individuals \n with developmental disabilities are not reported.\n\nSEC. 3. PURPOSE.\n\n (a) In General.--The purpose of this Act is to increase the \nawareness, investigation, prosecution, and prevention of crimes against \nindividuals with a disability, including developmental disabilities, \nand improve services to those who are victimized, by facilitating \ncollaboration among the criminal justice system and a range of agencies \nand other organizations that provide services to individuals with \ndisabilities.\n (b) Need for Collaboration.--Collaboration among the criminal \njustice system and agencies and other organizations that provide \nservices to individuals with disabilities is needed to--\n (1) protect individuals with disabilities by ensuring that \n crimes are reported, and that reported crimes are actively \n investigated by both law enforcement agencies and agencies and \n other organizations that provide services to individuals with \n disabilities;\n (2) provide prosecutors with adequate training to ensure \n that crimes against individuals with disabilities are \n appropriately and effectively addressed in court; and\n (3) promote communication among criminal justice agencies, \n and agencies and other organizations that provide services to \n individuals with disabilities, including Victim Assistance \n Organizations, to ensure that the needs of crime victims with \n disabilities are met.\n\nSEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES \n COLLABORATION PROGRAM.\n\n The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. \n3711 et seq.) is amended by adding at the end the following:\n\n ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH \n DISABILITIES\n\n``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM \n GRANTS.\n\n ``(a) Definitions.--In this section:\n ``(1) Applicant.--The term `applicant' means a State, unit \n of local government, Indian tribe, or tribal organization that \n applies for a grant under this section.\n ``(2) Collaboration program.--The term `collaboration \n program' means a program to ensure coordination between or \n among a criminal justice agency, an adult protective services \n agency, a victim assistance organization, and an agency or \n other organization that provides services to individuals with \n disabilities, including but not limited to individuals with \n developmental disabilities, to address crimes committed against \n individuals with disabilities and to provide services to \n individuals with disabilities who are victims of crimes.\n ``(3) Criminal justice agency.--The term `criminal justice \n agency' means an agency of a State, unit of local government, \n Indian tribe, or tribal organization that is responsible for \n detection, investigation, arrest, enforcement, adjudication, or \n incarceration relating to the violation of the criminal laws of \n that State, unit of local government, Indian tribe, or tribal \n organization, or an agency contracted to provide such services.\n ``(4) Adult protective services agency.--The term `adult \n protective services agency' means an agency that provides adult \n protective services to adults with disabilities, including--\n ``(A) receiving reports of abuse, neglect, or \n exploitation;\n ``(B) investigating the reports described in \n subparagraph (A);\n ``(C) case planning, monitoring, evaluation, and \n other casework and services; and\n ``(D) providing, arranging for, or facilitating the \n provision of medical, social service, economic, legal, \n housing, law enforcement, or other protective, \n emergency, or support services for adults with \n disabilities.\n ``(5) Day program.--The term `day program' means a \n government or privately funded program that provides care, \n supervision, social opportunities, or jobs to individuals with \n disabilities.\n ``(6) Implementation grant.--The term `implementation \n grant' means a grant under subsection (e).\n ``(7) Individuals with disabilities.--The term `individuals \n with disabilities' means individuals--\n ``(A) 18 years of age or older; and\n ``(B) whose ability to provide for their own \n health, safety, or welfare is compromised because of--\n ``(i) a developmental, cognitive, physical, \n or other disability; or\n ``(ii) a lack of sufficient understanding \n or capacity to make or communicate responsible \n decisions concerning their person or affairs.\n ``(8) Planning grant.--The term `planning grant' means a \n grant under subsection (f).\n ``(9) Secretary.--The term `Secretary' means the Secretary \n of Health and Human Services.\n ``(10) Unit of local government.--The term `unit of local \n government' means any city, county, township, town, borough, \n parish, village, or other general purpose political subdivision \n of a State.\n ``(b) Authorization.--In consultation with the Secretary, the \nAttorney General may make grants to applicants to prepare a \ncomprehensive plan for or to implement a collaboration program that \nprovides for--\n ``(1) the investigation and remediation of instances of \n abuse of or crimes committed against individuals with \n disabilities; or\n ``(2) the provision of services to individuals with \n disabilities who are the victims of a crime or abuse.\n ``(c) Use of Funds.--A grant under this section shall be used for a \ncollaborative program that--\n ``(1) receives reports of abuse of individuals with \n disabilities or crimes committed against such individuals;\n ``(2) investigates and evaluates reports of abuse of or \n crimes committed against individuals with disabilities;\n ``(3) visits the homes or other locations of abuse, and, if \n applicable, the day programs of individuals with disabilities \n who have been victims of abuse or a crime for purposes of, \n among other things, assessing the scene of the abuse and \n evaluating the condition and needs of the victim;\n ``(4) identifies the individuals responsible for the abuse \n of or crimes committed against individuals with disabilities;\n ``(5) remedies issues identified during an investigation \n described in paragraph (2);\n ``(6) prosecutes the perpetrator, where appropriate, of any \n crime identified during an investigation described in paragraph \n (2); and\n ``(7) provides services to and enforces statutory rights of \n individuals with disabilities who are the victims of a crime.\n ``(d) Applications.--\n ``(1) In general.--To receive a planning grant or an \n implementation grant, an applicant shall submit an application \n to the Attorney General at such time, in such manner, and \n containing such information as the Attorney General, in \n consultation with the Secretary, may reasonably require, in \n addition to the information required by subsection (e)(1) or \n (f)(1), respectively.\n ``(2) Combined planning and implementation grant \n application.--\n ``(A) In general.--The Attorney General, in \n consultation with the Secretary, shall develop a \n procedure allowing an applicant to submit a single \n application requesting both a planning grant and an \n implementation grant.\n ``(B) Conditional grant.--The award of an \n implementation grant to an applicant submitting an \n application under subparagraph (A) shall be conditioned \n on successful completion of the activities funded under \n the planning grant, if applicable.\n ``(e) Planning Grants.--\n ``(1) Applications.--An application for a planning grant \n shall include, at a minimum--\n ``(A) a budget;\n ``(B) a budget justification;\n ``(C) a description of the outcome measures that \n will be used to measure the effectiveness of the \n program;\n ``(D) a schedule for completing the activities \n proposed in the application; and\n ``(E) a description of the personnel necessary to \n complete activities proposed in the application.\n ``(2) Period of grant.--A planning grant shall be made for \n a period of 1 year, beginning on the first day of the month in \n which the planning grant is made.\n ``(3) Amount.--The amount of planning grant shall not \n exceed $50,000, except that the Attorney General may, for good \n cause, approve a grant in a higher amount.\n ``(4) Limit on number.--The Attorney General, in \n consultation with the Secretary, shall not make more than 1 \n such planning grant to any State, unit of local government, \n Indian tribe, or tribal organization.\n ``(f) Implementation Grants.--\n ``(1) Implementation grant applications.--An application \n for an implementation grant shall include the following:\n ``(A) Collaboration.--An application for an \n implementation grant shall--\n ``(i) identify not fewer than 1 criminal \n justice enforcement agency or adult protective \n services organization and not fewer than 1 \n agency, crime victim assistance program, or \n other organization that provides services to \n individuals with disabilities that will \n participate in the collaborative program; and\n ``(ii) describe the responsibilities of \n each participating agency or organization, \n including how each agency or organization will \n use grant funds to facilitate improved \n responses to reports of abuse and crimes \n committed against individuals with \n disabilities.\n ``(B) Guidelines.--An application for an \n implementation grant shall describe the guidelines that \n will be developed for personnel of a criminal justice \n agency, adult protective services organization, crime \n victim assistance program, and agencies or other \n organizations responsible for services provided to \n individuals with disabilities to carry out the goals of \n the collaborative program.\n ``(C) Financial.--An application for an \n implementation grant shall--\n ``(i) explain why the applicant is unable \n to fund the collaboration program adequately \n without Federal funds;\n ``(ii) specify how the Federal funds \n provided will be used to supplement, and not \n supplant, the funding that would otherwise be \n available from the State, unit of local \n government, Indian tribe, or tribal \n organization; and\n ``(iii) outline plans for obtaining \n necessary support and continuing the proposed \n collaboration program following the conclusion \n of the grant under this section.\n ``(D) Outcomes.--An application for an \n implementation grant shall--\n ``(i) identify the methodology and outcome \n measures, as required by the Attorney General, \n in consultation with the Secretary, for \n evaluating the effectiveness of the \n collaboration program, which may include--\n ``(I) the number and type of \n agencies participating in the \n collaboration;\n ``(II) any trends in the number and \n type of cases referred for \n multidisciplinary case review;\n ``(III) any trends in the \n timeliness of law enforcement review of \n reported cases of violence against \n individuals with a disability; and\n ``(IV) the number of persons \n receiving training by type of agency;\n ``(ii) describe the mechanisms of any \n existing system to capture data necessary to \n evaluate the effectiveness of the collaboration \n program, consistent with the methodology and \n outcome measures described in clause (i) and \n including, where possible, data regarding--\n ``(I) the number of cases referred \n by the adult protective services \n agency, or other relevant agency, to \n law enforcement for review;\n ``(II) the number of charges filed \n and percentage of cases with charges \n filed as a result of such referrals; \n and\n ``(III) the period of time between \n reports of violence against individuals \n with disabilities and law enforcement \n review; and\n ``(iii) include an agreement from any \n participating or affected agency or \n organization to provide the data described in \n clause (ii).\n ``(E) Form of data.--The Attorney General, in \n consultation with the Secretary, shall promulgate and \n supply a common electronic reporting form or other \n standardized mechanism for reporting of data required \n under this section.\n ``(F) Collaboration set aside.--Not less than 5 \n percent and not more than 10 percent of the funds \n provided under an implementation grant shall be set \n aside to procure technical assistance from any \n recognized State model program or from a recognized \n national organization, as determined by the Attorney \n General (in consultation with the Secretary), including \n the National District Attorneys Association and the \n National Adult Protective Services Association.\n ``(G) Other programs.--An applicant for an \n implementation grant shall describe the relationship of \n the collaboration program to any other program of a \n criminal justice agency or other agencies or \n organizations providing services to individuals with \n disabilities of the State, unit of local government, \n Indian tribe, or tribal organization applying for an \n implementation grant.\n ``(2) Period of grant.--\n ``(A) In general.--An implementation grant shall be \n made for a period of 2 years, beginning on the first \n day of the month in which the implementation grant is \n made.\n ``(B) Renewal.--An implementation grant may be \n renewed for 1 additional period of 2 years, if the \n applicant submits to the Attorney General and the \n Secretary a detailed explanation of why additional \n funds are necessary.\n ``(3) Amount.--An implementation grant shall not exceed \n $300,000.\n ``(g) Evaluation of Program Efficacy.--\n ``(1) Establishment.--The Attorney General, in consultation \n with the Secretary, shall establish a national center to \n evaluate the overall effectiveness of the collaboration \n programs funded under this section.\n ``(2) Responsibilities.--The national center established \n under paragraph (1) shall--\n ``(A) analyze information and data supplied by \n grantees under this section; and\n ``(B) submit an annual report to the Attorney \n General and the Secretary that evaluates the number and \n rate of change of reporting, investigation, and \n prosecution of charges of a crime or abuse against \n individuals with disabilities.\n ``(3) Authorization.--The Attorney General may use not more \n than $500,000 of amounts made available under subsection (h) to \n carry out this subsection.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Department of Justice to carry out this section--\n ``(1) $10,000,000 for fiscal year 2007; and\n ``(2) such sums as are necessary for each of fiscal years \n 2008 through 2013.''.","summary":"Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, andor other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs.","title":"A bill to create a grant program for collaboration programs that ensure coordination among criminal justice agencies, adult protective service agencies, victim assistance programs, and other agencies or organizations providing services to individuals with disabilities in the investigation and response to abuse of or crimes committed against such individuals.","text_len":19263,"sum_len":683} {"bill_id":"108_hr2674","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Librarian Education and Development \nAct of 2003''.\n\nSEC. 2. LOAN FORGIVENESS FOR LIBRARIANS.\n\n (a) FFEL Loans.--\n (1) Amendment.--Section 428J(b) of the Higher Education Act \n of 1965 (20 U.S.C 1078-10(b)) is amended by striking paragraph \n (1) and inserting the following:\n ``(1)(A) has been employed--\n ``(i) as a full-time teacher for 5 consecutive \n complete school years in a school that qualifies under \n section 465(a)(2)(A) for loan cancellation for Perkins \n loan recipients who teach in such a school; or\n ``(ii) as a full-time librarian for 5 consecutive \n complete school years in--\n ``(I) a public library that serves a \n geographic area within which the public schools \n have a combined average of 30 percent or more \n of their total student enrollments composed of \n children counted under section 1113(a)(5) of \n the Elementary and Secondary Education Act of \n 1965; or\n ``(II) a school that qualifies under \n section 465(a)(2)(A) for loan cancellation for \n Perkins loan recipients who teach in such a \n school; and\n ``(B)(i) if employed as a secondary school teacher, is \n teaching a subject area that is relevant to the borrower's \n academic major as certified by the chief administrative officer \n of the public or nonprofit private secondary school in which \n the borrower is employed; and\n ``(ii) if employed as an elementary school teacher, has \n demonstrated, as certified by the chief administrative officer \n of the public or nonprofit private elementary school in which \n the borrower is employed, knowledge and teaching skills in \n reading, writing, mathematics, and other areas of the \n elementary school curriculum; and''.\n (2) Conforming amendments.--Section 428J of the Higher \n Education Act of 1965 (20 U.S.C. 1078-10) is amended--\n (A) in subsection (f), by striking ``subsection \n (b)'' and inserting ``subsection (b)(1)(A)(i)''; and\n (B) in subsection (g)(1)(A), by striking \n ``subsection (b)(1)(A)'' and inserting ``subsection \n (b)(1)(A)(i)''.\n (b) Direct Student Loan Forgiveness.--\n (1) Amendment.--Section 460(b)(1) of the Higher Education \n Act of 1965 (20 U.S.C 1087j) is amended by striking \n subparagraph (A) and inserting the following:\n ``(A)(i) has been employed--\n ``(I) as a full-time teacher for 5 \n consecutive complete school years in a school \n that qualifies under section 465(a)(2)(A) for \n loan cancellation for Perkins loan recipients \n who teach in such a school; or\n ``(II) as a full-time librarian for 5 \n consecutive complete school years in--\n ``(aa) a public library that serves \n a geographic area within which the \n public schools have a combined average \n of 30 percent or more of their total \n student enrollments composed of \n children counted under section \n 1113(a)(5) of the Elementary and \n Secondary Education Act of 1965; or\n ``(bb) a school that qualifies \n under section 465(a)(2)(A) for loan \n cancellation for Perkins loan \n recipients who teach in such a school; \n and\n ``(ii)(I) if employed as a secondary school \n teacher, is teaching a subject area that is relevant to \n the borrower's academic major as certified by the chief \n administrative officer of the public or nonprofit \n private secondary school in which the borrower is \n employed; and\n ``(II) if employed as an elementary school teacher, \n has demonstrated, as certified by the chief \n administrative officer of the public or nonprofit \n private elementary school in which the borrower is \n employed, knowledge and teaching skills in reading, \n writing, mathematics, and other areas of the elementary \n school curriculum; and''.\n (2) Conforming amendments.--Section 460 of the Higher \n Education Act of 1965 (20 U.S.C. 1087j) is amended--\n (A) in subsection (f), by striking ``subsection \n (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and\n (B) in subsection (g)(1)(A), by striking \n ``subsection (b)(1)(A)'' and inserting ``subsection \n (b)(1)(A)(i)(I)''.\n (c) Perkins Loans.--Section 465(a) of the Higher Education Act of \n1965 (20 U.S.C. 1087ee(a)) is amended--\n (1) in paragraph (2)--\n (A) by striking ``section 111(c)'' in subparagraph \n (A) and inserting ``section 1113(a)(5)'';\n (B) by striking ``or'' at the end of subparagraph \n (H);\n (C) by striking the period at the end of \n subparagraph (I) and inserting ``; or''; and\n (D) by inserting after subparagraph (I) the \n following new subparagraph:\n ``(J) as a full-time librarian in--\n ``(i) a public library that serves a geographic \n area within which the public schools have a combined \n average of 30 percent or more of their total student \n enrollments composed of children counted under section \n 1113(a)(5) of the Elementary and Secondary Education \n Act of 1965; or\n ``(ii) an elementary or secondary school which is \n in the school district of a local educational agency \n which is eligible in such year for assistance pursuant \n to title I of the Elementary and Secondary Education \n Act of 1965, and which for the purpose of this \n paragraph and for that year has been determined by the \n Secretary (pursuant to regulations and after \n consultation with the State educational agency of the \n State in which the school is located) to be a school in \n which the enrollment of children counted under section \n 1113(a)(5) of the Elementary and Secondary Education \n Act of 1965 exceeds 30 percent of the total enrollment \n of that school.''; and\n (2) in paragraph (3)(A)(i), by striking out ``(H), or (I)'' \n and inserting ``(H), (I), or (J)''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by section 1 shall apply with respect to any \nyear of service that is completed after the date of enactment of this \nAct.","summary":"Librarian Education and Development Act of 2003 - Amends the Higher Education Act of 1965 to provide for certain types of student loan forgiveness for librarians in low-income areas where public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted as disadvantaged under title I of the Elementary and Secondary Education Act of 1965.","title":"To amend the Higher Education Act of 1965 to provide for student loan forgiveness to encourage individuals to become and remain librarians in low income areas.","text_len":7683,"sum_len":398} {"bill_id":"104_s1200","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom and Human Rights for the \nEnclaved People of Cyprus Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The respect for fundamental freedom and human rights, \n especially in those countries that are allies of the United \n States, is a cornerstone of United States foreign policy.\n (2) Among the purposes of United States foreign assistance \n is to promote human rights.\n (3) United States foreign assistance should be utilized to \n end the imposition of restrictions on the freedoms and human \n rights of the enclaved people of Cyprus.\n (4) Among the restrictions of freedom and human rights to \n which the enclaved people of Cyprus are subjected are the \n following:\n (A) Restrictions on the freedom to worship, \n including restrictions on times and places for such \n worship.\n (B) Restrictions on communication with individuals \n living outside the area of the enclaved, including a \n requirement that an individual from among those in \n control be present during any such communication.\n (C) Prohibition on the possession of telephones in \n homes.\n (D) A requirement that an enclaved individual \n receive permission from an individual from among those \n in control before leaving the enclaved area.\n (E) Censorship of mail sent to and from the \n enclaved area.\n (F) A requirement that enclaved males aged 18 to 50 \n report once a week to those in control.\n (G) Restrictions on the provision of educational \n services, including--\n (i) lack of replacement elementary school \n teachers and lack of educational facilities \n beyond elementary school;\n (ii) a requirement that an enclaved \n individual who chooses to leave home for \n education beyond elementary school may return \n home not more than three times a year; and\n (iii) a requirement that enclaved males 16 \n years of age or older and enclaved females 18 \n years of age or older who choose to leave home \n for education beyond elementary school may not \n return home at all.\n (H) Violation of property rights, including \n confiscation of property without compensation.\n (I) Lack of compensation for work performed.\n (J) Harassment, beating, rape, and murder without \n adequate protection or investigation.\n\nSEC. 3. UNITED STATES EFFORTS TO ALLEVIATE AND ELIMINATE THE \n RESTRICTIONS ON THE ENCLAVED PEOPLE IN CYPRUS.\n\n (a) In General.--The President shall take steps--\n (1) to inform the United Nations, foreign governments, and \n the appropriate departments and agencies of the United States \n Government of the restrictions on the enclaved people of \n Cyprus,\n (2) to enlist the United Nations and foreign governments in \n efforts to end restrictions on the freedom and human rights of \n the enclaved people of Cyprus, and\n (3) to establish United States Government programs of \n assistance to the enclaved people of Cyprus, consistent with \n subsection (b), and to undertake efforts for the alleviation \n and elimination of restrictions on the enclaved.\n (b) Establishment of Assistance Programs.--\n (1) In general.--The President--\n (A) shall, to the extent practicable, use funds \n allocated for a fiscal year to the government or ethnic \n community participating directly or indirectly in \n imposition of restrictions on the freedom and human \n rights of the enclaved people of Cyprus to assist such \n people, or\n (B) in the absence of such funds, shall establish a \n foreign assistance program for the enclaved people of \n Cyprus.\n (2) Use of funds.--Assistance for the enclaved people of \n Cyprus under paragraph (1) shall include--\n (A) programs to eliminate specific aspects of the \n restrictions of freedom and human rights on the \n enclaved people of Cyprus; and\n (B) programs to return ancestral homes and lands to \n the enclaved people, including United States citizens, \n who have been forcibly expelled, or those individuals \n who have fled the enclaved areas or other areas of \n Cyprus in fear of severe restrictions of freedom, human \n rights abuses, or violation of property rights.\n (c) Notification of Opposition to Restrictions of Freedom and Human \nRights Abuses.--The President--\n (1) shall notify in writing each fiscal year the head of \n government of any foreign country that is participating, \n directly or indirectly, in the restrictions on freedom and \n human rights of the enclaved people of Cyprus of the opposition \n by the United States to that government's participation in such \n restrictions; and\n (2) shall urge the head of such government to cease \n participation in such restrictions and to work to eliminate \n such restrictions.\n (d) Monitoring and Reporting Requirements.--The Secretary of State \nshall include a report on the enclaved people of Cyprus as part of the \nannual Department of State's Country Reports on Human Rights Practices.\n\nSEC. 4. UNITED NATIONS EFFORTS TO RESOLVE THE RESTRICTIONS ON THE \n ENCLAVED PEOPLE IN CYPRUS.\n\n The President shall direct the United States representative to the \nUnited Nations--\n (1) to urge the United Nations High Commissioner for \n Refugees to address and solve the plight of those enclaved on \n Cyprus; and\n (2) to call upon the United Nations Human Rights \n Commissioner to investigate the plight of the enclaved on \n Cyprus and to implement appropriate and effective corrective \n action.","summary":"Freedom and Human Rights for the Enclaved People of Cyprus Act - Directs the President to establish US efforts to: (1) inform the United Nations, foreign governments, and appropriate Federal departments and agencies of the freedom and human rights restrictions on the enclaved people of Cyprus. (2) enlist the United Nations and foreign governments in efforts to end such restrictions. (3) establish US Government programs of assistance to the people of Cyprus and efforts for the elimination of the restrictions. And (4) use funds allocated to the government or ethnic community participating in the imposition of such restrictions on the promotion of freedom and human rights for the people of Cyprus, or in the absence of such funds, establish a foreign assistance program for them. Requires the President to direct the US representative to the United Nations to: (1) urge the U. N. High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus. And (2) call upon the U. N. Human Rights Commissioner to investigate their plight and implement appropriate corrective action.","title":"Freedom and Human Rights for the Enclaved People of Cyprus Act","text_len":6665,"sum_len":1104} {"bill_id":"108_hr2969","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Employee Ownership \nBank Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Over the past 2 years, the United States has lost more \n than 2,000,000 decent-paying manufacturing jobs.\n (2) With 14,731,000 total manufacturing jobs, the United \n States now has the lowest number of factory jobs since October, \n 1958.\n (3) According to Forrester Research, ``Over the next 15 \n years, 3,300,000 United States service industry jobs and \n $136,000,000,000 in wages will move offshore to countries like \n India, Russia, China and the Philippines. The IT industry will \n lead the initial overseas exodus.''.\n (4) At the end of 2002, the United States had a record-\n breaking trade deficit of $435,200,000,000, including a \n $103,100,000,000 trade deficit with China.\n (5) Preserving and increasing decent-paying jobs must be a \n top priority of the United States Congress.\n (6) Providing loan guarantees, direct loans, and technical \n assistance to employees to buy their own companies will \n preserve and increase employment in the United States.\n (7) Just like the United States Export-Import Bank was \n created in 1934 during the midst of the Great Depression as a \n way to increase United States jobs through exports, the time \n has come to establish the United States Employee Ownership Bank \n within the Department of the Treasury to preserve and expand \n jobs in the United States.\n\nSEC. 3. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN \n THE DEPARTMENT OF THE TREASURY.\n\n (a) Establishment Required.--Before the end of the 30-day period \nbeginning on the date of the enactment of this Act, the Secretary of \nthe Treasury (hereinafter in this Act referred to as the ``Secretary'') \nshall establish the United States Employee Ownership Bank (hereinafter \nreferred to as the ``Bank'') to foster increased employee ownership and \ngreater employee participation in company decision-making throughout \nthe United States.\n (b) Duties of Bank.--The Secretary shall establish such Bank to \nprovide the following:\n (1) Loans subordinated to the interests of all other \n creditors, loan guarantees, and technical assistance, on such \n terms and subject to such conditions as the Secretary \n determines to be appropriate, to employees to purchase a \n business through an employee stock ownership plan or eligible \n worker-owned cooperative that are at least 51 percent employee \n owned.\n (2) Grants to States and nonprofit and cooperative \n organizations with experience in developing employee-owned \n businesses and worker-owned cooperatives to provide education \n and outreach to inform people about the possibilities and \n benefits of employee ownership of companies, gain sharing, and \n participation in company decision-making, including some \n financial education.\n (3) Grants to States and nonprofit and cooperative \n organizations with experience in developing employee-owned \n businesses and worker-owned cooperatives to provide technical \n assistance to assist employee efforts to become business \n owners.\n (4) Grants to States and nonprofit and cooperative \n organizations with experience in developing employee-owned \n businesses and worker-owned cooperatives to provide \n participation training to teach employees and employers methods \n of employee participation in company decision-making.\n (5) Grants to States and nonprofit and cooperative \n organizations with experience in developing employee-owned \n businesses and worker-owned cooperatives to conduct objective \n third party pre-feasibility and feasibility studies to \ndetermine if employees who would like to start-up employee stock \nownership plans or worker cooperatives would be able to make a profit.\n (c) Preconditions.--Before the Bank makes any subordinated loan or \nloan guarantee under subsection (b)(1), the employees shall submit to \nthe Bank the following:\n (1) A business plan that shows that--\n (A) at least 51 percent of all interests in the \n employee stock ownership plan or eligible worker-owned \n cooperative is owned or controlled by employees;\n (B) the Board of Directors of the employee stock \n ownership plan or eligible worker-owned cooperative is \n elected by all of the employees; and\n (C) all employees receive basic information about \n company progress and have the opportunity to \n participate in day-to-day operations.\n (2) A feasibility study from an objective third party with \n a positive determination that the employee stock ownership plan \n or eligible worker owned cooperative will be profitable enough \n to pay back any loan, subordinated loan or loan guarantee that \n was made possible through the United States Employee Ownership \n Bank.\n (d) Insurance of Subordinated Loans and Loan Guarantees.--\n (1) In general.--The Bank shall, with respect to any \n subordinated loan or loan guarantee provided under this Act, \n insure such loan or loan guarantee against the nonrepayment of \n the outstanding balance of the loan.\n (2) Annual premiums.--The Bank shall fix the annual premium \n for the insurance of each subordinated loan or loan guarantee \n under this subsection to be paid by the borrower in such manner \n and in such amount as the Secretary determines to be \n appropriate.\n (3) Premiums and guarantee fees available to cover \n losses.--The premiums collected by the Bank from insurance \n issued under this subsection and the fees collected by the Bank \n for loan guarantees issued under subsection (b) shall be \n deposited in a fund in the Treasury and shall be available to \n the Bank to cover any losses incurred by the Bank in connection \n with any such loan or loan guarantee.\n (e) Technical Assistance in the Discretion of the Secretary.--In \nthe case of activities under subsection (b)(3), the Secretary may \nrequire the Bank to take the following actions:\n (1) Provide for the targeting of key groups such as \n retiring business owners, unions, managers, trade associations, \n and community organizations.\n (2) Encourage cooperation in organizing workshops and \n conferences.\n (3) Provide for the preparation and distribution of \n materials concerning employee ownership and participation.\n (f) Participation Training in the Discretion of the Secretary.--In \nthe case of activities under subsection (b)(4), the Secretary may \nrequire the Bank to take the following actions:\n (1) Provide for courses on employee participation.\n (2) Provide for the development and fostering of networks \n of employee owned companies to spread the use of successful \n participation techniques.\n\nSEC. 4. REGULATIONS TO ENSURE THE SAFETY AND SOUNDNESS OF THE UNITED \n STATES EMPLOYEE OWNERSHIP BANK.\n\n Before the end of the 30-day period beginning the date of the \nenactment of this Act, the Secretary of the Treasury shall prescribe \nregulations to ensure the safety and soundness of the United States \nEmployee Ownership Bank.\n\nSEC. 5. REGULATIONS TO ENSURE THE UNITED STATES EMPLOYEE OWNERSHIP BANK \n WILL NOT COMPETE WITH COMMERCIAL FINANCIAL INSTITUTIONS.\n\n Before the end of the 30-day period beginning the date of the \nenactment of this Act, the Secretary of the Treasury shall prescribe \nregulations to ensure that the United States Employee Ownership Bank \nwill not compete with commercial financial institutions.\n\nSEC. 6. COMMUNITY REINVESTMENT CREDIT.\n\n Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. \n2903) is amended by adding at the end the following new subsection:\n ``(d) Establishment of ESOPs and EWOCs.--In assessing and taking \ninto account, under subsection (a), the record of a financial \ninstitution, the appropriate Federal financial supervisory agency may \nconsider as a factor capital investments, loans, loan participation, \ntechnical assistance, financial advice, grants, and other ventures \nundertaken by the institution to support or enable manufacturing \nemployees to establish employee stock ownership plans or eligible \nworker owned cooperatives that are at least 51 percent employee-owned \nplans or cooperatives.''.\n\nSEC. 7. ORGANIZATION OF BANK.\n\n (a) Management.--There shall be at the head of the Bank, a Director \nof the United States Employee Ownership Bank (hereinafter in this Act \nreferred to as the ``Director''), who shall be appointed by and serve \nat the pleasure of the Secretary.\n (b) Staff.--The Director may select, appoint, employ, and fix the \ncompensation of such employees as shall be necessary to carry out the \nfunctions of the Bank.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of the \nTreasury $100,000,000 for each of fiscal years 2004, 2005, 2006, 2007, \nand 2008 to carry out the purposes of this Act.","summary":"United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank in order to foster increased employee ownership and participation in company decision-making throughout the United States. Lists among the Bank's duties providing loans to enable employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative that is at least 51 percent employee-owned. States that such loans are subordinated to the interests of all other creditors, loan guarantees, and technical assistance programs. Amends the Community Reinvestment Act of 1977 to provide that in assessing and taking into account the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable manufacturing employees to establish employee stock ownership plans or eligible worker owned cooperatives that are at least 51 percent employee-owned plans or cooperatives.","title":"To provide for the establishment of the United States Employee Ownership Bank, and for other purposes.","text_len":9650,"sum_len":1158} {"bill_id":"106_s2184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ninth Circuit Court of Appeals \nReorganization Act of 2000''.\n\nSEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.\n\n Section 41 of title 28, United States Code, is amended--\n (1) in the matter before the table, by striking \n ``thirteen'' and inserting ``fourteen''; and\n (2) in the table--\n (A) by striking the item relating to the ninth \n circuit and inserting the following:\n\n ``Ninth........................\n Arizona, California, Nevada.'';\n and\n (B) by inserting between the last 2 items the \n following:\n\n ``Twelfth......................\n Alaska, Guam, Hawaii, Idaho, \n Montana, Northern \n Mariana Islands, \n Oregon, Washington.''.\n\nSEC. 3. NUMBER OF CIRCUIT JUDGES.\n\n The table in section 44(a) of title 28, United States Code, is \namended--\n (1) by striking the item relating to the ninth circuit and \n inserting the following:\n\n``Ninth..................................................... 20'';\n and\n (2) by inserting between the last 2 items the following:\n\n``Twelfth................................................... 8''.\n\nSEC. 4. PLACES OF CIRCUIT COURT.\n\n The table in section 48(a) of title 28, United States Code, is \namended--\n (1) by striking the item relating to the ninth circuit and \n inserting the following:\n\n ``Ninth........................\n San Francisco, Los Angeles.'';\n and\n (2) by inserting between the last 2 items at the end the \n following:\n\n ``Twelfth......................\n Portland, Seattle.''.\n\nSEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.\n\n Each circuit judge in regular active service of the former ninth \ncircuit whose official station on the day before the effective date of \nthis Act--\n (1) is in Arizona, California, or Nevada is assigned as a \n circuit judge of the new ninth circuit; and\n (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern \n Mariana Islands, Oregon, or Washington is assigned as a circuit \n judge of the twelfth circuit.\n\nSEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.\n\n Each judge who is a senior judge of the former ninth circuit on the \nday before the effective date of this Act may elect to be assigned to \nthe new ninth circuit or to the twelfth circuit and shall notify the \nDirector of the Administrative Office of the United States Courts of \nsuch election.\n\nSEC. 7. SENIORITY OF JUDGES.\n\n The seniority of each judge--\n (1) who is assigned under section 5 of this Act; or\n (2) who elects to be assigned under section 6 of this Act;\nshall run from the date of commission of such judge as a judge of the \nformer ninth circuit.\n\nSEC. 8. APPLICATION TO CASES.\n\n The provisions of the following paragraphs of this section apply to \nany case in which, on the day before the effective date of this Act, an \nappeal or other proceeding has been filed with the former ninth \ncircuit:\n (1) If the matter has been submitted for decision, further \n proceedings in respect of the matter shall be had in the same \n manner and with the same effect as if this Act had not been \n enacted.\n (2) If the matter has not been submitted for decision, the \n appeal or proceeding, together with the original papers, \n printed records, and record entries duly certified, shall, by \n appropriate orders, be transferred to the court to which the \n matter would have been submitted had this Act been in full \n force and effect at the time such appeal was taken or other \n proceeding commenced, and further proceedings in respect of the \n case shall be had in the same manner and with the same effect \n as if the appeal or other proceeding had been filed in such \n court.\n (3) A petition for rehearing or a petition for rehearing en \n banc in a matter decided before the effective date of this Act, \n or submitted before the effective date of this Act and decided \n on or after the effective date as provided in paragraph (1), \n shall be treated in the same manner and with the same effect as \n though this Act had not been enacted. If a petition for \n rehearing en banc is granted, the matter shall be reheard by a \n court comprised as though this Act had not been enacted.\n\nSEC. 9. DEFINITIONS.\n\n In this Act, the term--\n (1) ``former ninth circuit'' means the ninth judicial \n circuit of the United States as in existence on the day before \n the effective date of this Act;\n (2) ``new ninth circuit'' means the ninth judicial circuit \n of the United States established by the amendment made by \n section 2(2); and\n (3) ``twelfth circuit'' means the twelfth judicial circuit \n of the United States established by the amendment made by \n section 2(3).\n\nSEC. 10. ADMINISTRATION.\n\n The court of appeals for the ninth circuit as constituted on the \nday before the effective date of this Act may take such administrative \naction as may be required to carry out this Act and the amendments made \nby this Act. Such court shall cease to exist for administrative \npurposes on July 1, 2002.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall become effective \non October 1, 2000.\n \n\n\n\n\n\n ","summary":"Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment.","title":"Ninth Circuit Court of Appeals Reorganization Act of 2000","text_len":6482,"sum_len":172} {"bill_id":"108_hr2719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Air Line Pension Act of 2003''.\n\nSEC. 2. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN PLANS.\n\n (a) Funding Rules for Certain Plans.--\n (1) In general.--Notwithstanding any provision of the \n Internal Revenue Code of 1986 or the Employee Retirement Income \n Security Act of 1974 to the contrary, the provisions of \n subsections (b), (c), and (d) shall apply for any plan year \n beginning after December 27, 2002, in the case of a defined \n benefit plan--\n (A) that is established and maintained by a \n commercial passenger air carrier; and\n (B) that has a funded percentage of less than 80 \n percent as of January 1, 2003.\n (2) Funded percentage.--For purposes of this section, the \n term ``funded percentage'' means the quotient (expressed as a \n percentage) derived by dividing--\n (A) the market value of plan assets as of January \n 1, 2003 (excluding receivable contributions), by\n (B) the current liability of the plan as of January \n 1, 2003.\n (3) Interest rate.--In determining current liability for \n purposes of paragraph (2), the assumed interest rate shall be \n 6.65 percent.\n (4) Estimation of current liability.--If the valuation date \n for the plan is not January 1, 2003, the current liability as \n of January 1, 2003, shall be estimated based on generally \n accepted actuarial principles and practices.\n (b) Moratorium on Deficit Reduction Contribution.--\n (1) In general.--In applying section 412(l)(9)(A) of such \n Code and section 302(d)(9)(A) of such Act with respect to a \n plan described in subsection (a)(1), the funded current \n liability percentage of the plan shall be treated as not less \n than 90 percent for plan years beginning after December 27, \n 2002 and before December 27, 2007.\n (2) Termination of moratorium in certain cases.--If the \n funded current liability percentage of the plan, without \n application of paragraph (1), is 90 percent or greater during \n any plan year beginning after December 27, 2002 and before \n December 27, 2007, paragraph (1) shall cease to apply to the \n plan for plan years beginning with or after such plan year.\n (3) Extension of amortization periods.--For plan years for \n which paragraph (1) applies in the case of the plan, net \n experience gains and net experience losses shall be amortized \n under sections 412(b)(2)(B)(iv) and 412(b)(3)(B)(ii) of such \n Code (respectively) and sections 302(b)(2)(B)(iv) and \n 302(b)(3)(B)(ii) of such Act (respectively), over a period of \n 15 plan years.\n (4) Option to combine or to offset amortization bases.--For \n the first plan year for which paragraph (1) applies with \n respect to the plan, amounts required to be amortized under \n paragraphs (2) and (3) of section 412(b) of such Code and \n paragraphs (2) and (3) of section 302(b) of such Act may be \n combined into one amount under such sections, and may be offset \n against other amounts required to be amortized under such \n sections, with the resulting amount in either case to be \n amortized over a period of 15 plan years.\n (c) Amortization of 2008 Unfunded Current Liability.--\n (1) In general.--In such form and manner as the Secretary \n of the Treasury may prescribe, the sponsor of a plan described \n in subsection (a)(1) may make a one-time, irrevocable election \n with the Secretary of the Treasury to amortize the unfunded \n current liability for the first plan year beginning after \n December 27, 2007, on an interest-only basis for the first 5 \n plan years (beginning with such first plan year) and thereafter \n in equal annual installments over a period of 15 plan years \n (beginning with the first plan year after December 27, 2012).\n (2) Determination of 2008 unfunded current liability in \n calculating deficit reduction contribution after moratorium \n ends.--If the plan sponsor makes an election under paragraph \n (1) with respect to the plan, the unfunded current liability of \n the plan for the first plan year after December 27, 2007, shall \n be calculated as follows:\n (A) such unfunded current liability shall equal the \n unfunded current liability as of the first day of such \n first plan year, and\n (B) such unfunded current liability shall be \n calculated using the actuarial value of assets as of \n the first day of such first plan year.\n (3) Use of 2008 unfunded current liability in calculating \n deficit reduction after moratorium ends.--If the plan sponsor \n makes an election under paragraph (1) with respect to the plan, \n the plan's unfunded old liability, for purposes of section \n 412(l) of such Code and section 302(l) of such Act, shall be \n deemed equal to the unfunded current liability calculated under \n paragraph (2) for the first plan year after December 27, 2007, \n and the plan's unfunded old liability amount for any plan year, \n for purposes of section 412(l) of such Code and section 302(l) \n of such Act, shall be the amount necessary to amortize the \n unfunded old liability under the plan as described in paragraph \n (1).\n (4) Cessation of modifications.--If the funded current \n liability percentage of the plan, determined without regard to \n this section, is 90 percent or greater for any plan year after \n December 27, 2002, this subsection shall cease to apply to the \n plan for plan years beginning with or after such plan year.\n (d) Recognition of Waiver in Deficit Reduction Contribution.--For \nany plan described in subsection (a)(1), the amount referred to in \nclause (ii) of section 412(l)(8)(A) of such Code and section \n302(d)(8)(A) of such Act shall be deemed to be an amount equal to the \nsum of--\n (1) the value of the plan's assets determined under section \n 412(c)(2) of such Code and section 302(c)(2) of such Act, and\n (2) the unamortized portion of any waived funding \n deficiency.\n\nSEC. 3. RESTORATION OF CERTAIN PLANS TERMINATING IN 2003.\n\n (a) In General.--Notwithstanding any provision of the Internal \nRevenue Code of 1986 or the Employee Retirement Income Security Act of \n1974, the provisions of subsection (b) shall apply to any defined \nbenefit plan--\n (1) that is maintained by a commercial passenger air \n carrier,\n (2) that is maintained for the benefit of such carrier's \n employees pursuant to a collective bargaining agreement, and\n (3) that terminated during the calendar year 2003.\n (b) Restoration of Plan.--Not later than December 31, 2003, the \nPension Benefit Guaranty Corporation shall restore any plan described \nin paragraph (1) to the plan's pre-termination status and the control \nof the plan's assets and liabilities shall be transferred to the \nemployer, unless the collective bargaining agreement provides that the \nplan should not be restored.\n (c) Exclusion of Expected Increase in Current Liability.--In \napplying section 412(l)(1)(A)(i) of such Code and section \n302(d)(1)(A)(i) of such Act with respect to a plan restored under \nsubsection (b), any expected increase in current liability due to \nbenefits accruing during each plan year as described in section \n412(1)(2)(C) of such Code and section 302(d)(2)(C) of such Act shall be \nexcluded.\n (d) Amortization of Unfunded Amounts Under Restoration Payment \nSchedule.--\n (1) 2004 unfunded accrued liability.--\n (A) In general.--In the case of a plan restored \n under subsection (b)--\n (i) the initial post-restoration valuation \n date for a plan described in subsection (a) \n shall be January 1, 2004,\n (ii) the initial restoration amortization \n base for a plan described in subsection (a) \n shall be an amount equal to the excess of--\n (I) the accrued benefit liabilities \n returned by the Corporation, over\n (II) the market value of plan \n assets returned by the Corporation, and\n (iii) the initial restoration amortization \n base shall be amortized in level annual \n installments over a period of 30 years after \n the initial post-restoration valuation date, \n and the funding standard account of the plan \n under section 412 of such Code and section 302 \n of such Act shall be charged with such \n installments.\n (B) Other special funding rules remain \n applicable.--At the election of the plan sponsor, the \n provisions of subsections (b), (c), and (d) of section \n 2 shall apply with respect to the plan.\n (2) Rules of special application.--In applying the 30-year \n amortization described in paragraph (1)(A)--\n (A) the assumed interest rate shall be the \n valuation interest rate used to determine the accrued \n liability under section 412(c) of such Code and section \n 302(c) of such Act,\n (B) the actuarial value of assets as of the initial \n post-restoration valuation date shall be reset to the \n market value of assets with a 5-year phase-in of \n unexpected investment gains or losses on a prospective \n basis, and\n (C) for plans using the frozen initial liability \n (FIL) funding method in accordance with section 412(c) \n of such Code and section 302(c) of such Act, the \n initial unfunded liability used to determine normal \n cost shall be reset to the initial restoration \n amortization base.\n (e) Quarterly Contributions.--The requirements of section 412(m) of \nsuch Code and section 302(e) of such Act shall not apply to a plan \nrestored under subsection (b) until the plan year beginning on the \ninitial post-restoration valuation date. The required annual payment \nfor that year shall be the lesser of--\n (1) the amount determined under section 412(m)(4)(B)(i) of \n such Code and section 302(e)(4)(B)(i) of such Act, or\n (2) 100 percent of the amount required to be contributed \n under the plan for the plan year beginning January 1, 2003 and \n ending on the date of plan termination.\n (f) Resetting of Funding Standard Account Balances.--In the case of \na plan restored under subsection (b), any accumulated funding \ndeficiency or credit balance in the funding standard account under \nsection 412 of such Code or section 302 of such Act shall be set equal \nto zero as of the initial post-restoration valuation date.\n\nSEC. 4. PBGC LIABILITY LIMITED.\n\n In the case of any plan--\n (1) which is described in section 2(a)(1), and which \n terminates at a time when section 2(b)(1) applies to the plan, \n or at a time when the unfunded current liability of the plan \n for the first plan year after December 27, 2007, is being \n amortized on an interest-only basis under section 2(c), or\n (2) which is described in section 3(a), which is restored \n pursuant to section 3(b), and which subsequently terminates \n with a date of plan termination prior to the end of the fifth \n plan year beginning after December 27, 2007,\nsection 4022 of the Employee Retirement Income Security Act of 1974 \nshall be applied as if the plan had been amended to provide that \nparticipants would receive no credit for benefit accrual purposes under \nthe plan for service on and after the first day of the plan year \nbeginning after the date of the enactment of this Act.\n\nSEC. 5. EFFECTIVE DATE.\n\n The provisions of this Act shall apply to plan years beginning \nafter December 27, 2002.","summary":"Air Line Pension Act of 2003 - Sets forth special funding requirements for certain pension plans maintained by commercial passenger air carriers (plans), notwithstanding any contrary provisions of the Internal Revenue Code or of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for such plans, if they have a funded percentage of less than 80 percent as of January 1, 2003, the following: (1) modifications of funding rules, including funded percentage, assumed interest rate for determining current liability, and estimation of current liability. (2) a moratorium on the deficit reduction contribution, under specified conditions, (3) a one-time amortization of 2008 unfunded current liability. And (4) recognition of a waiver in the deficit reduction contribution. Provides for such plans, if they are maintained for benefit of the carrier's employees pursuant to a collective bargaining agreement and if they terminated during calendar year 2003, the following: (1) restoration by the Pension Benefit Guaranty Corporation (PBGC) to the plan's pre-termination status and transfer of control of plan assets and liabilities to the employer, unless the collective bargaining agreement provides that the plan should not be restored. (2) exclusion of any expected increase in current liability due to benefits accruing during each plan year, (3) amortization of unfunded amounts under the restoration payment schedule. (4) inapplicability of certain contribution requirements to a restored plan until a plan year beginning on the initial post-restoration valuation date, with modified required annual payments. And (5) resetting of funding standard account balances. Limits PBGC liability with respect to certain plans under this Act.","title":"To provide special funding requirements for certain pension plans maintained by commercial passenger air carriers.","text_len":12845,"sum_len":1752} {"bill_id":"114_hr4077","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Established Provider Act \nof 2015''.\n\nSEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM.\n\n Title XVIII of the Social Security Act is amended by inserting \nafter section 1893 of such Act (42 U.S.C. 1395ddd) the following new \nsection:\n\n``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM.\n\n ``(a) In General.--The Secretary shall develop and implement a \nsystem (in this section referred to as the `Medicare Established \nProvider System') to designate providers of services and suppliers who \nrepresent a low risk for submitting fraudulent claims for payment under \nthis title as established providers for purposes of applying the \nprotections described in subsection (c). Under such system--\n ``(1) the Secretary shall establish a process, in \n accordance with subsection (c), under which--\n ``(A) providers of services and suppliers may apply \n for designation as established providers;\n ``(B) such providers and suppliers who qualify, in \n accordance with subsection (b), as established \n providers are so designated (including through the use \n of entities trained by an Internet training course of \n the Centers for Medicare & Medicaid Services or through \n training provided by other specified organizations); \n and\n ``(C) such providers and suppliers who no longer \n qualify as established providers lose such designation; \n and\n ``(2) the Secretary shall establish an electronic system \n for the submission of documentation by providers of services, \n suppliers, or third parties, with respect to a claim for \n payment under this title that is under review, for each level \n of review applicable to such claim.\n ``(b) Qualifying as Established Providers.--Under such system, to \nqualify as an established provider for a period with respect to a \nreporting period (as specified by the Secretary), a provider of \nservices or supplier shall demonstrate, as specified by the Secretary, \nthat--\n ``(1) with respect to the reporting period beginning after \n the date of the enactment of this section, at least 90 percent \n of claims for payment under this title for items and services \n furnished by such provider or supplier for which any review was \n conducted under section 1869 were determined to be eligible for \n payment or partial payment under this title; and\n ``(2) of all claims for payment under this title for items \n and services furnished by such provider or supplier for which \n an initial determination was made that payment may not be made \n under this title, at least 90 percent were appealed by such \n provider or supplier.\n ``(c) Designation Process.--The process under subsection (a)(1)--\n ``(1) shall allow a provider of services or supplier \n designated as an established provider under this section to \n demonstrate that the provider or supplier maintains compliance \n with the qualification requirements under subsection (b) based \n on annual updates on the status of claims for payment under \n this title for items and services furnished by such provider or \n supplier with respect to each level of review, including the \n number of such claims within each such level of review for \n which a determination was made that payment should be made, \n should be partially made, or should not be made under this \n title;\n ``(2) shall provide a method through which it may be \n determined whether or not the qualifying requirements under \n subsection (b) have been satisfied and maintained by a provider \n of services or supplier with respect to a period;\n ``(3) provide for the identification of established \n providers within appropriate systems of the Centers of Medicare \n & Medicaid Services; and\n ``(4) provide for a global track record of compliance by \n providers of services and suppliers with the qualifying \n requirements under subsection (b), including by identifying \n such providers and suppliers by the management company provider \n number rather than by each individual provider, supplier, or \n facility, for purposes of efficiency.\n ``(d) Protections for Established Providers.--Notwithstanding any \nother provision of law, in the case of a provider of services or \nsupplier designated as an established provider under this section with \nrespect to a period the following protections shall apply:\n ``(1) With respect to a claim submitted during such period \n for payment under this title for items or services furnished by \n such provider or supplier, which is subject to review for \n whether or not payment should be made under such title and with \n respect to which an additional documentation request has been \n issued, payment under this title for such claim may not be \n withheld unless a final determination has been made that such \n payment should not be made.\n ``(2) In the case that a final determination has been made \n that payment under this title should not have been made with \n respect to a claim described in paragraph (1), repayment of \n such payment shall be made electronically by the provider not \n later than 45 days after notification of such decision. In \n applying the previous sentence, if the Secretary determines \n that repayment within such 45-day period would result in a \n significant hardship to the provider involved, the Secretary \n may, on a case-by-case basis, extend the 45-day period \n described in such sentence by such number of days as the \n Secretary determines appropriate in accordance with a specified \n repayment plan.\n ``(3) The Secretary shall provide for a method to apply \n section 1869 with respect to an initial determination of any \n claim submitted during such period for payment under this title \n for items and services furnished by such provider or supplier, \n without the application of paragraph (3) of section 1869(a) \n (relating to redeterminations).''.","summary":"Medicare Established Provider Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop a system for designating providers that represent a low risk of submitting fraudulent Medicare claims as established providers for purposes of applying for special treatment in the claim review process. To qualify as an established provider, a provider must demonstrate that, within a specified timeframe: (1) at least 90 of Medicare claims submitted by the provider were determined to be eligible for full or partial payment, and (2) the provider appealed at least 90 of all Medicare claimsnbsp. That were not initially determined to be eligible for payment. HHS may withhold payment for a Medicare claim made by an established providernbsp, only if anbsp. Final determination has been made that the claim is ineligible for payment. If such a final determination is made, the provider shall repay such payment electronically and within a specified timeframe.","title":"Medicare Established Provider Act of 2015","text_len":6540,"sum_len":1039} {"bill_id":"105_s1769","text":"That the following sums \nare appropriated, out of any money in the Treasury not otherwise \nappropriated, for the International Monetary Fund for the fiscal year \nending September 30, 1998, and for other purposes, namely:\n\n MULTILATERAL ECONOMIC ASSISTANCE\n\n funds appropriated to the president\n\n loans to international monetary fund\n\n new arrangements to borrow\n\n For loans to the International Monetary Fund (Fund) under the New \nArrangements to Borrow, the dollar equivalent of 2,462,000,000 Special \nDrawing Rights, to remain available until expended; in addition, up to \nthe dollar equivalent of 4,250,000,000 Special Drawing Rights \npreviously appropriated by the Act of November 30, 1983 (Public Law 98-\n181), and the Act of October 23, 1962 (Public Law 87-872), for the \nGeneral Arrangements to Borrow, may also be used for the New \nArrangements to Borrow.\n\n united states quota\n\n For an increase in the United States quota in the International \nMonetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing \nRights, to remain available until expended.\n\n GENERAL PROVISIONS\n\n Section 101. Conditions for the Use of Quota Resources.--(a) None \nof the funds appropriated in this Act under the heading ``United States \nQuota, International Monetary Fund'' may be obligated, transferred or \nmade available to the International Monetary Fund until 30 days after \nthe Secretary of the Treasury certifies that the Board of Executive \nDirectors of the Fund have agreed by resolution that stand-by \nagreements or other arrangements regarding the use of Fund resources \nshall include provisions requiring the borrower--\n (1) to comply with the terms of all international trade \n obligations and agreements of which the borrower is a \n signatory;\n (2) to eliminate the practice or policy of government \n directed lending or provision of subsidies to favored \n industries, enterprises, parties, or institutions; and\n (3) to guarantee non-discriminatory treatment in debt \n resolution proceedings between domestic and foreign creditors, \n and for debtors and other concerned persons.\n (b) Subsequent to the certification provided in subsection (a), in \nconjunction with the annual submission of the President's budget, the \nSecretary of the Treasury shall report to the appropriate committees on \nthe implementation and enforcement of the provisions in subsection (a).\n Sec. 102. Transparency and Oversight.--(a) Not later than 30 days \nafter enactment of this Act, the Secretary of the Treasury shall \ncertify to the appropriate committees that the Board of Executive \nDirectors of the International Monetary Fund Board has agreed to \nprovide timely access by the Comptroller General to information and \ndocuments relating to the Fund's operations, program and policy reviews \nand decisions regarding stand-by agreements and other uses of the \nFund's resources.\n (b) The Secretary of the Treasury shall direct, and the U.S. \nExecutive Director to the International Monetary Fund shall agree to--\n (1) provide any documents or information available to the \n Director that are requested by the Comptroller General;\n (2) request from the Fund any documents or material \n requested by the Comptroller General; and\n (3) use all necessary means to ensure all possible access \n by the Comptroller General to the staff and operations of the \n Fund for the purposes of conducting financial and program \n audits.\n (c) The Secretary of the Treasury, in consultation with the \nComptroller General and the U.S. Executive Director of the Fund, shall \ndevelop and implement a plan to obtain timely public access to \ninformation and documents relating to the Fund's operations, programs \nand policy reviews and decisions regarding stand-by agreements and \nother uses of the Fund's resources.\n (d) No later than July 1, 1998 and, not later than March 1 of each \nyear thereafter, the Secretary of the Treasury shall submit a report to \nthe appropriate committees on the status of timely publication of \nLetters of Intent and Article IV consultation documents and the \navailability of information referred to in (c).\n Sec. 103. Advisory Commission.--(a) The President shall establish \nan International Financial Institution Advisory Commission (hereafter \n``Commission'').\n (b) The Commission shall include at least five former United States \nSecretaries of the Treasury.\n (c) Within 180 days, the Commission shall report to the appropriate \ncommittees on the future role and responsibilities, if any, of the \nInternational Monetary Fund and the merit, costs and related \nimplications of consolidation of the organization, management, and \nactivities of the International Monetary Fund, the International Bank \nfor Reconstruction and Development and the World Trade Organization.\n Sec. 104. Bretton Woods Conference.--Not later than 180 days after \nthe Commission reports to the appropriate committees, the President \nshall call for a conference of representatives of the governments of \nthe member countries of the International Monetary Fund, the \nInternational Bank for Reconstruction and Development and the World \nTrade Organization to consider the structure, management and activities \nof the institutions, their possible merger and their capacity to \ncontribute to exchange rate stability and economic growth and to \nrespond effectively to financial crises.\n Sec. 105. Reports.--(a) Following the extension of a stand-by \nagreement or other uses of the resources by the International Monetary \nFund, the Secretary of the Treasury, in consultation with the U.S. \nExecutive Director of the Fund, shall submit a report to the \nappropriate committees providing the following information--\n (1) the borrower's rules and regulations dealing with \n capitalization ratios, reserves, deposit insurance system and \n initiatives to improve transparency of information on the \n financial institutions and banks which may benefit from the use \n of the Fund's resources;\n (2) the burden shared by private sector investors and \n creditors, including commercial banks in the Group of Seven \n Nations, in the losses which have prompted the use of the \n Fund's resources;\n (3) the Fund's strategy, plan and timetable for completing \n the borrower's pay back of the Fund's resources including a \n date by which the borrower will be free from all international \n institutional debt obligation; and\n (4) the status of efforts to upgrade the borrower's \n national standards to meet the Basle Committee's Core \n Principles for Effective Banking Supervision.\n (b) Following the extension of a stand-by agreement or other use of \nthe Fund's resources, the Secretary of the Treasury shall report to the \nappropriate committees in conjunction with the annual submission of the \nPresident's budget, an account of the direct and indirect institutional \nrecipients of such resources: Provided, That this account shall include \nthe institutions or banks indirectly supported by the Fund through \nresources made available by the borrower's Central Bank.\n (c) Not later than 30 days after the enactment of this Act, the \nSecretary shall submit a report to the appropriate committees of \nCongress providing the information requested in paragraphs (a) and (b) \nfor the countries of South Korea, Indonesia, Thailand and the \nPhilippines.\n Sec. 106. Certifications.--(a) The Secretary of the Treasury shall \ncertify to the appropriate committees that the following conditions \nhave been met--\n (1) No International Monetary Fund resources have resulted, \n directly or indirectly, in support of the Korean semiconductor, \n steel, automobile, or textile and apparel industries in any \n form;\n (2) Neither the Korean government, nor the Fund has \n guaranteed or underwritten the private loans of Korean \n semiconductor, steel, automobile, or textile and apparel \n manufacturers; and\n (3) Officials from the Fund and the Department of the \n Treasury have monitored the implementation of the Corporate \n Governance provisions contained in Republic of Korea's \n stabilization program of December 4, 1997, and all of the \n conditions have either been met, or the Korean government has \n committed itself to fulfill all of these conditions according \n to an explicit timetable for completion; which timetable has \n been provided to and approved by the Fund and the Department of \n the Treasury.\n (b) Such certifications shall be made 14 days prior to the \ndisbursement of any Fund resources to the borrower.\n (c) The Secretary of the Treasury shall instruct the United States \nExecutive Director of the International Monetary Fund to use the voice \nand vote of the Executive Director to oppose disbursement of further \nfunds if such certification is not given.\n (d) Such certifications shall continue to be made on an annual \nbasis as long as Fund contributions continue to be outstanding to the \nborrower country.\n Sec. 107. Definitions.--For the purposes of this Act, ``appropriate \ncommittees'' includes the Appropriations Committee, the Committee on \nForeign Relations and the Committee on Banking, Housing and Urban \nAffairs of the Senate and the Committee on Appropriations and the \nCommittee on Banking and Financial Services in the House of \nRepresentatives.\n This Act may be cited as the ``1998 Supplemental Appropriations Act \nfor the International Monetary Fund''.\n ","summary":"Supplemental Appropriations Act for the International Monetary Fund - Makes supplemental appropriations to the International Monetary Fund (IMF) for FY 1998 for: (1) loans to the IMF under the New Arrangements to Borrow. And (2) an increase in the US IMF quota of Special Drawing Rights. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. Prohibits funds appropriated for the US IMF quota from being obligated, transferred, or made available to the IMF until 30 days after the Secretary of the Treasury certifies, to the appropriate congressional committees, that the IMF Board of Executive Directors have agreed by resolution that stand-by agreements or other arrangements regarding the use of IMF resources shall include provisions requiring a borrower to: (1) comply with the terms of all of its international trade obligations and agreements. (2) eliminate the practice of government directed lending or provision of subsidies to favored industries, enterprises, parties, or institutions. And (3) guarantee non-discriminatory treatment in debt resolution proceedings between domestic and foreign creditors, and for debtors and other concerned persons. Directs the Secretary to certify to the appropriate congressional committees that the IMF Board has agreed to provide timely access (transparency) by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand-by agreements and other uses of its resources. Requires the Secretary to direct, and the IMF US Executive Director to agree, to provide access by the Comptroller General to IMF documents, information, and operations. Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the implications of consolidating the activities of the IMF, the International Bank for Reconstruction and Development , and the World Trade Organization (WTO). Directs the President to call for a Bretton Woods Conference of representatives of the governments of the member countries of the IMF, the World Bank, and the WTO to consider the structure and activities of such institutions, their possible merger, and their capacity to contribute to exchange rate stability and economic growth, and to respond effectively to financial crises. Requires the Secretary of the Treasury, following extension of a stand-by agreement or other uses of resources by the IMF, to report to the appropriate congressional committees specified information about: (1) borrower's rules and regulations. (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of IMF resources. (3) IMF strategy, plan and timetable for completing the borrower's pay back of IMF resources. And (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. Directs the Secretary, before the release of IMF funds to a borrower country, to certify to the appropriate congressional committees that certain conditions have been met, including: (1) no IMF resources have resulted, directly or indirectly, in support of the Korean semiconductor, steel, automobile, or textile and apparel industries. (2) neither the Korean Government nor the IMF has guaranteed or underwritten the private loans of such Korean industries. And (3) IMF and Department of the Treasury officials have monitored the implementation of the Corporate Governance provisions of the Republic of Korea's stabilization program of December 4, 1997, and all of the conditions have either been met, or the Korean Government has committed itself to fulfill these conditions according to an approved timetable for completion.","title":"1998 Supplemental Appropriations Act for the International Monetary Fund","text_len":10537,"sum_len":3985} {"bill_id":"113_hr3733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade and Environment Enforcement \nAct'' or ``Green 301 Act''.\n\nSEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS.\n\n Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. \n2411(d)(3)(B)) is amended--\n (1) in clause (ii), by striking ``or'' at the end;\n (2) in clause (iii)(V), by striking the period at the end \n and inserting ``, or''; and\n (3) by adding at the end the following new clause:\n ``(iv) constitutes a persistent pattern of \n conduct that--\n ``(I) fails to effectively enforce \n the environmental laws of a foreign \n country;\n ``(II) waives or otherwise \n derogates from the environmental laws \n of a foreign country or weakens the \n protections afforded by such laws;\n ``(III) fails to provide for \n judicial or administrative proceedings \n giving access to remedies for \n violations of the environmental laws of \n a foreign country;\n ``(IV) fails to provide appropriate \n and effective sanctions or remedies for \n violations of the environmental laws of \n a foreign country; or\n ``(V) fails to effectively enforce \n environmental commitments in agreements \n to which a foreign country and the \n United States are a party.''.\n\nSEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT \n NEGATIVELY AFFECT THE ENVIRONMENT.\n\n (a) In General.--Chapter 1 of title III of the Trade Act of 1974 \n(19 U.S.C. 2411 et seq.) is amended by adding at the end the following:\n\n``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT \n NEGATIVELY AFFECT THE ENVIRONMENT.\n\n ``(a) Identification.--\n ``(1) In general.--The Trade Representative shall identify \n those foreign country trade practices that cause negative \n environmental impacts on the protection of human, animal, or \n plant life or health, or the conservation of exhaustible \n natural resources in the United States, the foreign country, a \n third country, or internationally.\n ``(2) Factors.--In identifying foreign country trade \n practices under paragraph (1), the Trade Representative shall \n take into account all relevant factors, including--\n ``(A) the strength of the connection between trade \n and the negative environmental impact;\n ``(B) the significance of the negative \n environmental impact on the protection of human, animal \n or plant life or health, or the conservation of \n exhaustible natural resources; and\n ``(C) the costs and benefits of mitigating the \n negative environmental impact through the remedies \n described in this section.\n ``(3) Consultation.--In identifying foreign country trade \n practices under paragraph (1), the Trade Representative shall \n provide the opportunity for input by and consultation with \n interested persons, including private or nongovernmental \n organizations working towards environmental protection or \n conservation, domestic industrial users of any goods that may \n be affected by this section, and appropriate Federal \n departments and agencies.\n ``(b) Report.--\n ``(1) In general.--Not later than 270 days after the date \n of submission of a report under section 181(b) of this Act, and \n every 2 years thereafter, the Trade Representative shall submit \n to the Committee on Ways and Means of the House of \n Representatives and the Committee on Finance of the Senate and \n publish in the Federal Register a report on the foreign country \n trade practices identified under subsection (a).\n ``(2) Matters to be included.--The Trade Representative may \n include in the report, if appropriate--\n ``(A) a description of other foreign country trade \n practices that may in the future warrant inclusion in \n the report as foreign country trade practices that \n negatively affect the environment; and\n ``(B) a statement regarding other foreign country \n trade practices that negatively affect the environment \n that have not been identified because they are subject \n to other provisions of United States trade law, \n existing bilateral trade agreements, or trade \n negotiations, and progress is being made toward the \n mitigation, reduction, or elimination of the negative \n environmental impacts of such foreign country trade \n practices.''.\n (b) Clerical Amendment.--The table of contents for the Trade Act of \n1974 is amended by inserting after the item relating to section 310 the \nfollowing new item:\n\n``Sec. 311. Identification of foreign country trade practices that \n negatively affect the environment.''.","summary":"Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the US Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively. Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally.","title":"Green 301 Act","text_len":5762,"sum_len":498} {"bill_id":"104_hr2225","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Choice in Welfare Tax Credit Act of \n1995''.\nSEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE \n CHARITIES PROVIDING ASSISTANCE TO THE POOR.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 22 the \nfollowing new section:\n\n``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this chapter for the \ntaxable year an amount equal to the qualified charitable contributions \nwhich are paid by the taxpayer during the taxable year.\n ``(b) Limitation.--The credit allowed by subsection (a) for the \ntaxable year shall not exceed $100 ($200 in the case of a joint \nreturn).\n ``(c) Qualified Charitable Contribution.--For purposes of this \nsection, the term `qualified charitable contribution' means any \ncharitable contribution (as defined in section 170(c)) made in cash to \na qualified charity but only if the amount of each such contribution, \nand the recipient thereof, are identified on the return for the taxable \nyear during which such contribution is made.\n ``(d) Qualified Charity.--\n ``(1) In general.--For purposes of this section, the term \n `qualified charity' means, with respect to the taxpayer, any \n organization described in section 501(c)(3) and exempt from tax \n under section 501(a)--\n ``(A) which is certified by the Secretary as \n meeting the requirements of paragraphs (2) and (3),\n ``(B) which is organized under the laws of the \n United States or of any State in which the organization \n is qualified to operate, and\n ``(C) which is required, or elects to be treated as \n being required, to file returns under section 6033.\n ``(2) Charity must primarily assist the poor.--An \n organization meets the requirements of this paragraph only if \n the predominant activity of such organization is the provision \n of services to individuals whose annual incomes generally do \n not exceed 150 percent of the official poverty line (as defined \n by the Office of Management and Budget).\n ``(3) Minimum expenditure requirement.--\n ``(A) In general.--An organization meets the \n requirements of this paragraph only if the Secretary \n reasonably expects that the annual exempt purpose \n expenditures of such organization will not be less than \n 70 percent of the annual aggregate expenditures of such \n organization.\n ``(B) Exempt purpose expenditure.--For purposes of \n subparagraph (A)--\n ``(i) In general.--The term `exempt purpose \n expenditure' means any expenditure to carry out \n the activity referred to in paragraph (2).\n ``(ii) Exceptions.--Such term shall not \n include--\n ``(I) any administrative expense,\n ``(II) any expense for the purpose \n of influencing legislation (as defined \n in section 4911(d)),\n ``(III) any expense primarily for \n the purpose of fundraising, and\n ``(IV) any expense for litigation \n on behalf of any individual referred to \n in paragraph (2).\n ``(e) Time When Contributions Deemed Made.--For purposes of this \nsection, at the election of the taxpayer, a contribution which is made \nnot later than the time prescribed by law for filing the return for the \ntaxable year (not including extensions thereof) shall be treated as \nmade on the last day of such taxable year.\n ``(f) Coordination With Deduction for Charitable Contributions.--\n ``(1) Credit in lieu of deduction.--The credit provided by \n subsection (a) for any qualified charitable contribution shall \n be in lieu of any deduction otherwise allowable under this \n chapter for such contribution.\n ``(2) Election to have section not apply.--A taxpayer may \n elect for any taxable year to have this section not apply.''\n (b) Qualified Charities Required To Provide Copies of Annual \nReturn.--Subsection (e) of section 6104 of such Code (relating to \npublic inspection of certain annual returns and applications for \nexemption) is amended by adding at the end the following new paragraph:\n ``(3) Charities receiving creditable contributions required \n to provide copies of annual return.--\n ``(A) In general.--Every qualified charity (as \n defined in section 23(d)) shall, upon request of an \n individual made at an office where such organization's \n annual return filed under section 6033 is required \n under paragraph (1) to be available for inspection, \n provide a copy of such return to such individual \n without charge other than a reasonable fee for any \n reproduction and mailing costs. If the request is made \n in person, such copies shall be provided immediately \n and, if made other than in person, shall be provided \n within 30 days.\n ``(B) Period of availability.--Subparagraph (A) \n shall apply only during the 3-year period beginning on \n the filing date (as defined in paragraph (1)(D) of the \n return requested).''\n (c) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 22 the following new item:\n\n ``Sec. 23. Credit for certain charitable \n contributions.''\n (d) Effective Date.--The amendments made by this section shall \napply to contributions made after the 90th day after the date of the \nenactment of this Act in taxable years ending after such date.","summary":"Choice in Welfare Tax Credit Act of 1995 - Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 of the value of certain charitable contributions to any tax-exempt, US organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return. And (2) such charities provide copies of their annual return to such individuals upon request.","title":"Choice in Welfare Tax Credit Act of 1995","text_len":6587,"sum_len":499} {"bill_id":"106_s1220","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Methamphetamine Use Response \nAct of 1999''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The term ``Administrator'' means the Administrator of \n the Drug Enforcement Administration.\n (2) The term ``Committees'' means the Committees on \n Appropriations and the Committees on the Judiciary of the House \n of Representatives and the Senate.\n (3) The term ``midsize city'' means a city with a \n population under 250,000 and over 20,000.\n (4) The term ``rural area'' means a county or parish with a \n population under 50,000.\n (5) The term ``small city'' means a city with a population \n under 20,000.\n\nSEC. 3. REPORT ON METHAMPHETAMINE CONSUMPTION IN RURAL AREAS, SMALL \n CITIES, AND MIDSIZE CITIES.\n\n (a) In General.--The Secretary of Health and Human Services shall \nsubmit to the Committees annually a report on the problems caused by \nmethamphetamine consumption in rural areas, small cities, and midsize \ncities.\n (b) Concerns Addressed.--Each report submitted under this section \nshall include an analysis of--\n (1) the manner in which methamphetamine consumption in \n rural areas differs from methamphetamine consumption in areas \n with larger populations, and the means by which to accurately \n measure those differences;\n (2) the incidence of methamphetamine abuse in rural areas \n and the treatment resources available to deal with \n methamphetamine addiction in those areas;\n (3) any relationship between methamphetamine consumption in \n rural areas and a lack of substance abuse treatment in those \n areas; and\n (4) any relationship between geographic differences in the \n availability of substance abuse treatment and the geographic \n distribution of the methamphetamine abuse problem in the United \n States.\n\nSEC. 4. CLEANUP OF METHAMPHETAMINE LABORATORIES AND PRODUCTION \n MATERIALS.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated for the Drug Enforcement Administration for each fiscal \nyear after fiscal year 1999, $20,000,000 in order to carry out the \nactivities described in subsection (b).\n (b) Availability of Amounts.--\n (1) In general.--Amounts appropriated pursuant to the \n authorization of appropriations in subsection (a) shall be \n available to the Drug Enforcement Administration for activities \n to alleviate the growing financial burden on rural communities, \n small cities, midsize cities, and other communities resulting \n from the cleanup of clandestine laboratories and other drug-\n related hazardous waste.\n (2) Specific activities.--The activities covered by \n paragraph (1) shall include the following:\n (A) The cleanup of clandestine laboratories and \n other drug-related hazardous waste across the United \n States, whether initiated by the Drug Enforcement \n Administration or by State or local entities.\n (B) The improvement of current contract-related \n response times for cleanup of such laboratories and \n waste through the provision of additional contract \n personnel, equipment, and facilities.\n (c) Supplement Not Supplant.--The amounts authorized to be \nappropriated by subsection (a) for the Drug Enforcement Administration \nfor a fiscal year are in addition to any other amounts authorized to be \nappropriated for the Administration for the fiscal year for the \nactivities described in subsection (b).\n\nSEC. 5. INVESTIGATIVE ASSISTANCE RELATING TO METHAMPHETAMINE FOR STATE \n AND LOCAL LAW ENFORCEMENT.\n\n (a) Findings.--Congress makes the following findings:\n (1) Because of the strong connection between \n methamphetamine trafficking and Mexican drug trafficking \n organizations, many local law enforcement agencies are \n confronted with methamphetamine trafficking suspects who speak \n Spanish.\n (2) Most local law enforcement agencies lack the foreign \n language and specialized investigative skills necessary to \n communicate with and monitor suspected drug traffickers, \n thereby limiting their ability to respond effectively to \n methamphetamine trafficking.\n (3) Informants, witnesses, communications intercepts, and \n other investigative tools are of limited use if an investigator \n cannot understand the language employed.\n (4) The timely provision of select Drug Enforcement \n Administration Special Agents with Spanish language capability \n and specialized clandestine laboratory training could greatly \n assist in the efforts of State and local law enforcement \n against methamphetamine traffickers and their operations.\n (b) Investigative Assistance.--\n (1) In general.--The Administrator shall establish within \n the Drug Enforcement Administration a select cadre of Special \n Agents with Spanish language capabilities who shall work with \n State and local law enforcement agencies across the United \n States on matters relating to the combating of methamphetamine-\n related drug trafficking.\n (2) Composition of cadre.--The cadre established under \n paragraph (1) shall consist of 20 Special Agents with the \n requisite Spanish language skills.\n (3) Allocation.--The Administrator shall determine the \n allocation of the Special Agents in the cadre referred to in \n paragraph (1) through ongoing assessments of the national \n methamphetamine threat.\n (4) Authorization of appropriations.--There is authorized \n to be appropriated for the Drug Enforcement Administration for \n fiscal year 2000, $4,700,000 of which--\n (A) $3,000,000 shall be available for purposes of \n establishing the cadre required by paragraph (1), \n including the hiring and training of agents to fill the \n cadre; and\n (B) $1,700,000 shall be available to cover the \n permanent change of stations (PCS) costs associated \n with the transfer of senior agents selected to staff \n the cadre.\n\nSEC. 6. ADDITIONAL TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND \n STATE AND LOCAL LAW ENFORCEMENT PERSONNEL.\n\n (a) Findings.--Congress makes the following findings:\n (1) The spread of methamphetamine abuse and production \n across the United States has forced law enforcement agencies to \n address challenges that exceed the many years of experience of \n the personnel within such agencies.\n (2) Unlike cocaine or heroin, methamphetamine can be \n produced easily from readily available everyday products using \n recipes readily available on the Internet.\n (3) The chemicals involved in methamphetamine production \n can be caustic or explosive if handled improperly.\n (4) In order to meet the demand for training and \n certification of local law enforcement personnel to meet the \n challenges posed by methamphetamine production and abuse, it is \n necessary to expand the training capabilities of the Drug \n Enforcement Administration.\n (5) Most of the costs associated with the training of State \n and local law enforcement personnel are cost relating to air \n travel.\n (6) Because the Drug Enforcement Administration already \n provides training for State and local law enforcement \n personnel, the establishment of regional training centers in \n the Administration will both reduce travel costs associated \n with the training of such personnel and enhance the training \n provided.\n (7) Such regional training centers will permit enhanced \n training of State and local law enforcement personnel at \n reduced cost over the long term.\n (b) Regional Satellite Training Centers.--\n (1) Requirement.--The Administrator shall establish within \n the Drug Enforcement Administration four regional satellite \n training centers for purposes of providing clandestine \n laboratory training to Federal, State, and local law \n enforcement personnel. The Administrator shall establish the \n training centers at appropriate locations throughout the United \n States.\n (2) Personnel.--The Administrator shall assign to the \n centers established under paragraph (1) 12 Special Agents, 4 \n Drug Prevention Specialists, and 8 Support personnel, as \n appropriate.\n (3) Activities of drug prevention specialists.--The Drug \n Prevention Specialists assigned to the centers under paragraph \n (2) shall work with communities that have been previously \n assisted by the Mobile Enforcement and Regional Enforcement \n Teams of the Drug Enforcement Administration in order to assist \n such communities in the development of drug prevention programs \n and coalitions and provide a solid foundation for the long-term \n elimination of drug trafficking, abuse, and violence in such \n communities.\n (4) Authorization of appropriations.--There is authorized \n to be appropriated for the Drug Enforcement Administration for \n fiscal year 2000, $30,000,000 for purposes of establishing the \n regional centers required by paragraph (1), including the \n assignment of personnel to such centers under paragraph (2), \n and for training-related support for such centers.\n (c) Specialized Clandestine Laboratory Training.--\n (1) Specialized clandestine laboratory training.--In \n addition to any other clandestine laboratory training programs \n currently administered by the Drug Enforcement Administration, \n the Administrator shall establish the following:\n (A) Advanced Clandestine Laboratory Investigations \n schools for State and local law enforcement personnel.\n (B) Additional Basic Clandestine Laboratory \n Certification Schools for both Drug Enforcement \n Administration personnel and State and local law \n enforcement personnel.\n (C) A program, to be known as the ``Train the \n Trainer'' program, in accordance with paragraph (2).\n (2) Train the trainer program.--The purpose of Train the \n Trainer program shall be to provide State and local law \n enforcement personnel with the skills necessary to provide \n clandestine laboratory recertification and awareness training \n to other law enforcement personnel within their jurisdictions.\n (3) Authorization of appropriations.--\n (A) Authorization.--There is authorized to be \n appropriated for the Drug Enforcement Administration \n for each fiscal year after fiscal year 1999, the \n following:\n (i) $750,000 for Advanced Clandestine \n Laboratory Investigation Schools required under \n paragraph (1)(A).\n (ii) $2,000,000 for the additional Basic \n Clandestine Laboratory Certification Schools \n required under paragraph (1)(B).\n (iii) $1,000,000 for the awareness \n materials required for the Train the Trainer \n program required under paragraph (1)(C).\n (2) Supplement not supplant.--The amounts authorized to be \n appropriated by subparagraph (A) are in addition to any other \n amounts authorized to be appropriated for the Drug Enforcement \n Agency for the activities referred to in paragraph (1).\n\nSEC. 7. ANNUAL STRATEGY ON METHAMPHETAMINE PRODUCTION AND ABUSE.\n\n (a) Requirement.--Not later than 6 months after the date of the \nenactment of this Act and annually thereafter, the Attorney General \nshall submit to the Committees a report containing a detailed strategy \nto combat the problem of methamphetamine production and abuse in the \nUnited States.\n (b) Initial Report.--The first report submitted under this section \nshall include the following:\n (1) An assessment of the progress made in achieving the \n goals first outlined in the April 1996 document entitled \n ``National Methamphetamine Strategy'', including a description \n of any successes and failures in achieving such goals.\n (2) A description of the progress made in controlling \n methamphetamine in light of the goals established by the \n Performance Measures of Effectiveness established by the \n National Drug Control Strategy.\n (3) Any recommendations for legislative action that the \n Attorney General considers necessary to implement the strategy \n under subsection (a).\n (c) Subsequent Reports.--Each report submitted under this section \nafter the first such report shall include the following:\n (1) An evaluation by the Attorney General of the progress \n made in implementing the strategy.\n (2) A description of the successes and failures associated \n with implementing the strategy contained in the report.\n (3) Any recommendations for legislative action that the \n Attorney General considers appropriate to facilitate the \n continuing implementation of the strategy.\n\nSEC. 8. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA.\n\n (a) In General.--Part D of the Controlled Substances Act (title II \nof Public Law 91-513; 21 U.S.C. 841 et seq.) is amended by adding at \nthe end the following:\n\n ``anhydrous ammonia\n\n ``Sec. 423 (a) It is unlawful for any person--\n ``(1) to steal anhydrous ammonia; or\n ``(2) to transport stolen anhydrous ammonia across State \n lines.\n ``(b) Any person who violates subsection (a) shall be imprisoned or \nfined, or both, in accordance with section 403(d) as if such violation \nwere a violation of a provision of section 403.''.\n (b) Clerical Amendment.--The table of contents for that Act is \namended by inserting after the item relating to section 421 the \nfollowing new items:\n\n``Sec. 422. Drug paraphernalia.\n``Sec. 423. Anhydrous ammonia.''.\n (c) Assistance for Certain Research.--\n (1) Agreement.--The Administrator shall seek to enter into \n an agreement with Iowa State University in order to permit the \n University to continue and expand its current research into the \n development of inert agents that, when added to anhydrous \n ammonia, eliminate the usefulness of anhydrous ammonia as an \n ingredient in the production of methamphetamine.\n (2) Reimbursable provision of funds.--The agreement under \n paragraph (1) may provide for the provision to Iowa State \n University, on a reimbursable basis, of $500,000 for purposes \n the activities specified in that paragraph.\n (3) Authorization of appropriations.--There is hereby \n authorized to be appropriated for the Drug Enforcement Agency \n for fiscal year 2000, $500,000 for purposes of carrying out the \n agreement under this subsection.","summary":"Rural Methamphetamine Use Response Act of 1999 - Directs the Secretary of Health and Human Services to submit to specified congressional committees an annual report on the problems caused by methamphetamine consumption in rural areas, small cities, and mid-size cities. Authorizes appropriations for the Drug Enforcement Administration (DEA) for each fiscal year after FY 1999. Makes sums appropriated available to the DEA for activities to alleviate the growing financial burden on rural communities, small cities, mid-size cities, and other communities resulting from the cleanup of clandestine laboratories and other drug related hazardous waste. Requires the Administrator of the DEA to establish within the DEA a select cadre of special agents with Spanish language capabilities who show work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine related drug trafficking. Authorizes appropriations. Directs the Administrator to establish within the DEA four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel, to establish such centers at appropriate locations throughout the United States, and to assign to such centers 12 special agents, four drug prevention specialists, and eight support personnel, as appropriate. Requires the drug prevention specialists to work with communities that have been previously assisted by the DEA's Mobile Enforcement and Regional Enforcement Teams to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. Authorizes appropriations. Requires the Administrator to establish: (1) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel. (2) Additional Basic Clandestine Laboratory Certification schools for both DEA and State and local law enforcement personnel. And (3) a Train the Trainer program to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory re-certification and awareness training to other law enforcement personnel within their jurisdictions. Authorizes appropriations. Directs the Attorney General to submit to the Committees annually a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. Amends of the Controlled Substances Act to prohibit the theft and transportation across State lines of stolen anhydrous ammonia. Directs the Administrator to seek to enter into an agreement with Iowa State University to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. Allows such agreement to provide for the provision to such University, on a reimbursable basis, of $500,000. Authorizes appropriations for the DEA for FY 2000.","title":"Rural Methamphetamine Use Response Act of 1999","text_len":15914,"sum_len":3163} {"bill_id":"111_s835","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Open Fuel Standard Act of 2009'' or \nthe ``OFS Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) The status of oil as a strategic commodity, which \n derives from its domination of the transportation sector, \n presents a clear and present danger to the United States;\n (2) in a prior era, when salt was a strategic commodity, \n salt mines conferred national power and wars were fought over \n the control of such mines;\n (3) technology, in the form of electricity and \n refrigeration, decisively ended salt's monopoly of meat \n preservation and greatly reduced its strategic importance;\n (4) fuel competition and consumer choice would similarly \n serve to end oil's monopoly in the transportation sector and \n strip oil of its strategic status;\n (5) the current closed fuel market has allowed a cartel of \n petroleum exporting countries to inflate fuel prices, \n effectively imposing a harmful tax on the economy of the United \n States;\n (6) much of the inflated petroleum revenues the oil cartel \n earns at the expense of the people of the United States are \n used for purposes antithetical to the interests of the United \n States and its allies;\n (7) alcohol fuels, including ethanol and methanol, could \n potentially provide significant supplies of additional fuels \n that could be produced in the United States and in many other \n countries in the Western Hemisphere that are friendly to the \n United States;\n (8) alcohol fuels can only play a major role in securing \n the energy independence of the United States if a substantial \n portion of vehicles in the United States are capable of \n operating on such fuels;\n (9) it is not in the best interest of United States \n consumers or the United States Government to be constrained to \n depend solely upon petroleum resources for vehicle fuels if \n alcohol fuels are potentially available;\n (10) existing technology, in the form of flexible fuel \n vehicles, allows internal combustion engine cars and trucks to \n be produced at little or no additional cost, which are capable \n of operating on conventional gasoline, alcohol fuels, or any \n combination of such fuels, as availability or cost advantage \n dictates, providing a platform on which fuels can compete;\n (11) the necessary distribution system for such alcohol \n fuels will not be developed in the United States until a \n substantial fraction of the vehicles in the United States are \n capable of operating on such fuels;\n (12) the establishment of such a vehicle fleet and \n distribution system would provide a large market that would \n mobilize private resources to substantially advance the \n technology and expand the production of alcohol fuels in the \n United States and abroad;\n (13) the United States has an urgent national security \n interest to develop alcohol fuels technology, production, and \n distribution systems as rapidly as possible;\n (14) new cars sold in the United States that are equipped \n with an internal combustion engine should allow for fuel \n competition by being flexible fuel vehicles, and new diesel \n cars should be capable of operating on biodiesel; and\n (15) such an open fuel standard would help to protect the \n United States economy from high and volatile oil prices and \n from the threats caused by global instability, terrorism, and \n natural disaster.\n\nSEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION.\n\n Chapter 329 of title 49, United States Code, is amended by adding \nat the end the following:\n\n``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION.\n\n ``(a) Definitions.--In this section:\n ``(1) E85.--The term `E85' means a fuel mixture containing \n 85 percent ethanol and 15 percent gasoline by volume.\n ``(2) Flexible fuel automobile.--The term `flexible fuel \n automobile' means an automobile that has been warranted by its \n manufacturer to operate on gasoline, E85, and M85.\n ``(3) Fuel choice-enabling automobile.--The term `fuel \n choice-enabling automobile' means--\n ``(A) a flexible fuel automobile; or\n ``(B) an automobile that has been warranted by its \n manufacturer to operate on biodiesel.\n ``(4) Light-duty automobile.--The term `light-duty \n automobile' means--\n ``(A) a passenger automobile; or\n ``(B) a non-passenger automobile.\n ``(5) Light-duty automobile manufacturer's annual covered \n inventory.--The term `light-duty automobile manufacturer's \n annual covered inventory' means the number of light-duty \n automobiles powered by an internal combustion engine that a \n manufacturer, during a given calendar year, manufactures in the \n United States or imports from outside of the United States for \n sale in the United States.\n ``(6) M85.--The term `M85' means a fuel mixture containing \n 85 percent methanol and 15 percent gasoline by volume.\n ``(b) Open Fuel Standard for Transportation.--\n ``(1) In general.--Except as provided in paragraph (2), \n each light-duty automobile manufacturer's annual covered \n inventory shall be comprised of--\n ``(A) not less than 50 percent fuel choice-enabling \n automobiles in 2012, 2013, and 2014; and\n ``(B) not less than 80 percent fuel choice-enabling \n automobiles in 2015, and in each subsequent year.\n ``(2) Temporary exemption from requirements.--\n ``(A) Application.--A manufacturer may request an \n exemption from the requirement described in paragraph \n (1) by submitting an application to the Secretary, at \n such time, in such manner, and containing such \n information as the Secretary may require by regulation. \n Each such application shall specify the models, lines, \n and types of automobiles affected.\n ``(B) Evaluation.--After evaluating an application \n received from a manufacturer, the Secretary may at any \n time, under such terms and conditions, and to such \n extent as the Secretary considers appropriate, \n temporarily exempt, or renew the exemption of, a light-\n duty automobile from the requirement described in \n paragraph (1) if the Secretary determines that \n unavoidable events that are not under the control of \n the manufacturer prevent the manufacturer of such \n automobile from meeting its required production volume \n of fuel choice-enabling automobiles, including--\n ``(i) a disruption in the supply of any \n component required for compliance with the \n regulations;\n ``(ii) a disruption in the use and \n installation by the manufacturer of such \n component; or\n ``(iii) the failure for plug-in hybrid \n electric automobiles to meet State air quality \n requirements as a result of the requirement \n described in paragraph (1).\n ``(C) Consolidation.--The Secretary may consolidate \n applications received from multiple manufactures under \n subparagraph (A) if they are of a similar nature.\n ``(D) Conditions.--Any exemption granted under \n subparagraph (B) shall be conditioned upon the \n manufacturer's commitment to recall the exempted \n automobiles for installation of the omitted components \n within a reasonable time proposed by the manufacturer \n and approved by the Secretary after such components \n become available in sufficient quantities to satisfy \n both anticipated production and recall volume \n requirements.\n ``(E) Notice.--The Secretary shall publish in the \n Federal Register--\n ``(i) notice of each application received \n from a manufacturer;\n ``(ii) notice of each decision to grant or \n deny a temporary exemption; and\n ``(iii) the reasons for granting or denying \n such exemptions.\n ``(c) Limited Liability Protection for Renewable Fuel and Ethanol \nManufacture, Use, or Distribution.--\n ``(1) In general.--Notwithstanding any other provision of \n Federal or State law, any fuel containing ethanol or a \n renewable fuel (as defined in section 211(o)(1) of the Clean \n Air Act) that is used or intended to be used to operate an \n internal combustion engine shall not be deemed to be a \n defective product or subject to a failure to warn due to such \n ethanol or renewable fuel content unless such fuel violates a \n control or prohibition imposed by the Administrator under \n section 211 of the Clean Air Act (42 U.S.C. 7545).\n ``(2) Savings provision.--Nothing in this subsection may be \n construed to affect the liability of any person other than \n liability based upon a claim of defective product and failure \n to warn described in paragraph (1).\n ``(d) Rulemaking.--Not later than 1 year after the date of the \nenactment of this section, the Secretary of Transportation shall \npromulgate regulations to carry out this section.''.","summary":"Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50 fuel choice-enabling automobiles in years 2012-2014. And (2) 80 fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines fuel choice-enabling automobile as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85. Or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Extends limited liability protection to the use of fuel containing ethanol or renewable fuel in the operation of internal combustion engines by declaring that such fuel shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content, unless it violates a control or prohibition imposed under the Clean Air Act.","title":"A bill to require automobile manufacturers to ensure that not less than 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel.","text_len":10337,"sum_len":952} {"bill_id":"106_hr1132","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Mammogram \nAvailability Act of 1999''.\n (b) Findings.--Congress finds the following:\n (1) Breast cancer is the single leading cause of death for \n women between the ages of 40 and 49 in the United States\n (2) An expert panel convened by the National Institutes of \n Health recommended on January 23, 1997, that all women between \n the ages of 40 and 49 should choose for themselves, following \n consultation with their health care provider, whether to \n undergo screening mammography.\n (3) The same panel unanimously recommended that for women \n between the ages of 40 and 49 who choose to have a screening \n mammogram, costs of the mammograms should be reimbursed by \n third-party payers or covered by health maintenance \n organizations.\n\nSEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH \n PLANS.\n\n (a) Public Health Service Act Amendments.--\n (1) Subpart 2 of part A of title XXVII of the Public Health \n Service Act is amended by adding at the end the following new \n section:\n\n``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.\n\n ``(a) Requirements for Coverage of Annual Screening Mammography.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for diagnostic mammography for any woman who \n is 40 years of age or older shall provide coverage for annual \n screening mammography for such a woman under terms and \n conditions that are not less favorable than the terms and \n conditions for coverage of diagnostic mammography.\n ``(2) Diagnostic and screening mammography defined.--For \n purposes of this section--\n ``(A) The term `diagnostic mammography' means a \n radiologic procedure that is medically necessary for \n the purpose of diagnosing breast cancer and includes a \n physician's interpretation of the results of the \n procedure.\n ``(B) The term `screening mammography' means a \n radiologic procedure provided to a woman for the \n purpose of early detection of breast cancer and \n includes a physician's interpretation of the results of \n the procedure.\n ``(b) Prohibitions.--A group health plan, and a health insurance \nissuer offering group health insurance coverage in connection with a \ngroup health plan, may not--\n ``(1) deny coverage for annual screening mammography on the \n basis that the coverage is not medically necessary or on the \n basis that the screening mammography is not pursuant to a \n referral, consent, or recommendation by any health care \n provider;\n ``(2) deny to a woman eligibility, or continued \n eligibility, to enroll or to renew coverage under the terms of \n the plan, solely for the purpose of avoiding the requirements \n of this section;\n ``(3) provide monetary payments or rebates to women to \n encourage such women to accept less than the minimum \n protections available under this section;\n ``(4) penalize or otherwise reduce or limit the \n reimbursement of an attending provider because such provider \n provided care to an individual participant or beneficiary in \n accordance with this section; or\n ``(5) provide incentives (monetary or otherwise) to an \n attending provider to induce such provider to provide care to \nan individual participant or beneficiary in a manner inconsistent with \nthis section.\n ``(c) Rules of Construction.--\n ``(1) Nothing in this section shall be construed to require \n a woman who is a participant or beneficiary to undergo annual \n screening mammography.\n ``(2) This section shall not apply with respect to any \n group health plan, or any group health insurance coverage \n offered by a health insurance issuer, which does not provide \n benefits for diagnostic mammography.\n ``(3) Nothing in this section shall be construed as \n preventing a group health plan or issuer from imposing \n deductibles, coinsurance, or other cost-sharing in relation to \n benefits for screening mammography under the plan (or under \n health insurance coverage offered in connection with a group \n health plan), except that such coinsurance or other cost-\n sharing for any portion may not be greater than such \n coinsurance or cost-sharing that is otherwise applicable with \n respect to benefits for diagnostic mammography.\n ``(4) Women between the ages of 40 and 49 should (but are \n not required to) consult with appropriate health care \n practitioners before undergoing screening mammography, but \n nothing in this section shall be construed as requiring the \n approval of such a practitioner before undergoing an annual \n screening mammography.\n ``(d) Notice.--A group health plan under this part shall comply \nwith the notice requirement under section 714(d) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nof this section as if such section applied to such plan.\n ``(e) Level and Type of Reimbursements.--Nothing in this section \nshall be construed to prevent a group health plan or a health insurance \nissuer offering group health insurance coverage from negotiating the \nlevel and type of reimbursement with a provider for care provided in \naccordance with this section.\n ``(f) Preemption; Exception for Health Insurance Coverage in \nCertain States.--\n ``(1) In general.--The requirements of this section shall \n not apply with respect to health insurance coverage if there is \n a State law (as defined in section 2723(d)(1)) for a State that \n regulates such coverage, that requires coverage to be provided \n for annual screening mammography for women who are 40 years of \n age or older and that provides at least the protections \n described in subsection (b).\n ``(2) Construction.--Section 2723(a)(1) shall not be \n construed as superseding a State law described in paragraph \n (1).''.\n (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is \n amended by striking ``section 2704'' and inserting ``sections \n 2704 and 2707''.\n (b) ERISA Amendments.--\n (1) Subpart B of part 7 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974 is amended by \n adding at the end the following new section:\n\n``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.\n\n ``(a) Requirements for Coverage of Annual Screening Mammography.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for diagnostic mammography for any woman who \n is 40 years of age or older shall provide coverage for annual \n screening mammography for such a woman under terms and \n conditions that are not less favorable than the terms and \n conditions for coverage of diagnostic mammography.\n ``(2) Diagnostic and screening mammography defined.--For \n purposes of this section--\n ``(A) The term `diagnostic mammography' means a \n radiologic procedure that is medically necessary for \n the purpose of diagnosing breast cancer and includes a \n physician's interpretation of the results of the \n procedure.\n ``(B) The term `screening mammography' means a \n radiologic procedure provided to a woman for the \n purpose of early detection of breast cancer and \n includes a physician's interpretation of the results of \n the procedure.\n ``(b) Prohibitions.--A group health plan, and a health insurance \nissuer offering group health insurance coverage in connection with a \ngroup health plan, may not--\n ``(1) deny coverage described in subsection (a)(1) on the \n basis that the coverage is not medically necessary or on the \n basis that the screening mammography is not pursuant to a \n referral, consent, or recommendation by any health care \n provider;\n ``(2) deny to a woman eligibility, or continued \n eligibility, to enroll or to renew coverage under the terms of \n the plan, solely for the purpose of avoiding the requirements \n of this section;\n ``(3) provide monetary payments or rebates to women to \n encourage such women to accept less than the minimum \n protections available under this section;\n ``(4) penalize or otherwise reduce or limit the \n reimbursement of an attending provider because such provider \n provided care to an individual participant or beneficiary in \n accordance with this section; or\n ``(5) provide incentives (monetary or otherwise) to an \n attending provider to induce such provider to provide care to \n an individual participant or beneficiary in a manner \n inconsistent with this section.\n ``(c) Rules of Construction.--\n ``(1) Nothing in this section shall be construed to require \n a woman who is a participant or beneficiary to undergo annual \n screening mammography.\n ``(2) This section shall not apply with respect to any \n group health plan, or any group health insurance coverage \n offered by a health insurance issuer, which does not provide \n benefits for diagnostic mammography.\n ``(3) Nothing in this section shall be construed as \n preventing a group health plan or issuer from imposing \n deductibles, coinsurance, or other cost-sharing in relation to \n benefits for screening mammography under the plan (or under \n health insurance coverage offered in connection with a group \n health plan), except that such coinsurance or other cost-\n sharing for any portion may not be greater than such \n coinsurance or cost-sharing that is otherwise applicable with \n respect to benefits for diagnostic mammography.\n ``(4) Women between the ages of 40 and 49 should (but are \n not required to) consult with appropriate health care \n practitioners before undergoing screening mammography, but \n nothing in this section shall be construed as requiring the \n approval of such a practitioner before undergoing an annual \n screening mammography.\n ``(d) Notice Under Group Health Plan.--The imposition of the \nrequirements of this section shall be treated as a material \nmodification in the terms of the plan described in section 102(a)(1), \nfor purposes of assuring notice of such requirements under the plan; \nexcept that the summary description required to be provided under the \nlast sentence of section 104(b)(1) with respect to such modification \nshall be provided by not later than 60 days after the first day of the \nfirst plan year in which such requirements apply.\n ``(e) Level and Type of Reimbursements.--Nothing in this section \nshall be construed to prevent a group health plan or a health insurance \nissuer offering group health insurance coverage from negotiating the \nlevel and type of reimbursement with a provider for care provided in \naccordance with this section.\n ``(f) Preemption; Exception for Health Insurance Coverage in \nCertain States.--\n ``(1) In general.--The requirements of this section shall \n not apply with respect to health insurance coverage if there is \n a State law (as defined in section 731(d)(1)) for a State that \n regulates such coverage, that requires coverage to be provided \n for annual screening mammography for women who are 40 years of \n age or older, and that provides at least the protections \n described in subsection (b).\n ``(2) Construction.--Section 731(a)(1) shall not be \n construed as superseding a State law described in paragraph \n (1).''.\n (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is \n amended by striking ``section 711'' and inserting ``sections \n 711 and 714''.\n (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is \n amended by striking ``section 711'' and inserting ``sections \n 711 and 714''.\n (4) The table of contents in section 1 of such Act is \n amended by inserting after the item relating to section 713 the \n following new item:\n\n``Sec. 714. Standards relating to benefits for screening \n mammography.''.\n (c) Effective Dates.--(1) Subject to paragraph (2), the amendments \nmade by this section shall apply with respect to group health plans \n(and health insurance coverage offered in connection with group health \nplans) for plan years beginning on or after January 1, 1999.\n (2) In the case of a group health plan maintained pursuant to 1 or \nmore collective bargaining agreements between employee representatives \nand 1 or more employers ratified before the date of enactment of this \nAct, the amendments made by this section shall not apply to plan years \nbeginning before the later of--\n (A) the date on which the last collective bargaining \n agreements relating to the plan terminates (determined without \n regard to any extension thereof agreed to after the date of \n enactment of this Act), or\n (B) January 1, 1999.\nFor purposes of subparagraph (A), any plan amendment made pursuant to a \ncollective bargaining agreement relating to the plan which amends the \nplan solely to conform to any requirement added by this section shall \nnot be treated as a termination of such collective bargaining \nagreement.\n\nSEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL \n HEALTH COVERAGE.\n\n (a) In General.--Part B of title XXVII of the Public Health Service \nAct is amended by inserting after section 2751 the following new \nsection:\n\n``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.\n\n ``(a) In General.--The provisions of section 2706 (other than \nsubsections (d) and (f)) shall apply to health insurance coverage \noffered by a health insurance issuer in the individual market in the \nsame manner as it applies to health insurance coverage offered by a \nhealth insurance issuer in connection with a group health plan in the \nsmall or large group market.\n ``(b) Notice.--A health insurance issuer under this part shall \ncomply with the notice requirement under section 714(d) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nreferred to in subsection (a) as if such section applied to such issuer \nand such issuer were a group health plan.\n ``(c) Preemption; Exception for Health Insurance Coverage in \nCertain States.--\n ``(1) In general.--The requirements of this section shall \n not apply with respect to health insurance coverage if there is \n a State law (as defined in section 2723(d)(1)) for a State that \n regulates such coverage, that requires coverage in the \n individual health insurance market to be provided for annual \n screening mammography for women who are 40 years of age or \n older and that provides at least the protections described in \n section 2706(b) (as applied under subsection (a)).\n ``(2) Construction.--Section 2762(a) shall not be construed \n as superseding a State law described in paragraph (1).''.\n (b) Conforming Amendment.--Section 2763(b)(2) of such Act (42 \nU.S.C. 300gg-63(b)(2)) is amended by striking ``section 2751'' and \ninserting ``sections 2751 and 2753''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to health insurance coverage offered, sold, issued, \nor renewed in the individual market on or after such January 1, 1999.","summary":"Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.","title":"Mammogram Availability Act of 1999","text_len":16556,"sum_len":647} {"bill_id":"107_s610","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Police Gun Buyback Assistance Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Buford Furrow, a white supremacist, used a Glock pistol \n decommissioned and sold by a law enforcement agency in the \n State of Washington, to shoot children at a Jewish community \n center in Los Angeles and kill a postal worker.\n (2) Twelve firearms were recently stolen during shipment \n from the Miami-Dade Police Department to Chicago, Illinois. \n Four of these firearms have been traced to crimes in Chicago, \n Illinois, including a shooting near a playground.\n (3) In the past 9 years, decommissioned firearms once used \n by law enforcement agencies have been involved in more than \n 3,000 crimes, including 293 homicides, 301 assaults, and 279 \n drug-related crimes.\n (4) Many State and local law enforcement departments also \n engage in the practice of reselling firearms that were involved \n in the commission of a crime and confiscated. Often these \n firearms are assault weapons that were in circulation prior to \n the restrictions imposed by the Violent Crime Control and Law \n Enforcement Act of 1994.\n (5) Law enforcement departments in the States of New York \n and Georgia, the City of Chicago, and other localities have \n adopted the practice of destroying decommissioned firearms.\n (b) Purpose.--The purpose of this Act is to reduce the number of \nfirearms on the streets by assisting State and local law enforcement \nagencies in eliminating the practice of transferring decommissioned \nfirearms to any person.\n\n SEC. 3. PROGRAM AUTHORIZED.\n\n (a) Grants.--The Attorney General may make grants to States or \nunits of local government--\n (1) to assist States and units of local government in \n purchasing new firearms without transferring decommissioned \n firearms to any person; and\n (2) to destroy decommissioned firearms.\n (b) Eligibility.--\n (1) In general.--Except as provided in paragraph (2), to be \n eligible to receive a grant under this Act, a State or unit of \n local government shall certify that it has in effect a law or \n official policy that--\n (A) eliminates the practice of transferring any \n decommissioned firearm to any person; and\n (B) provides for the destruction of a \n decommissioned firearm.\n (2) Exception.--A State or unit of local government may \n transfer a decommissioned firearm to a law enforcement agency.\n (c) Use of Funds.--A State or unit of local government that \nreceives a grant under this Act shall only use that grant to purchase \nnew firearms.\n\n SEC. 4. APPLICATIONS.\n\n (a) State Applications.--To request a grant under this Act, the \nchief executive of a State shall submit an application, signed by the \nAttorney General of the State requesting the grant, to the Attorney \nGeneral in such form and containing such information as the Attorney \nGeneral may reasonably require.\n (b) Local Applications.--To request a grant under this Act, the \nchief executive of a unit of local government shall submit an \napplication, signed by the chief law enforcement officer in the unit of \nlocal government requesting the grant, to the Attorney General in such \nform and containing such information as the Attorney General may \nreasonably require.\n\nSEC. 5. REGULATIONS.\n\n Not later than 90 days after the date of enactment of this Act, the \nAttorney General shall promulgate regulations to implement this Act, \nwhich shall specify the information that must be included and the \nrequirements that the States and units of local government must meet in \nsubmitting applications for grants under this Act.\n\nSEC. 6. REPORTING.\n\n (a) In General.--A State or unit of local government shall report \nto the Attorney General not later than 2 years after funds are received \nunder this Act, regarding the implementation of this Act.\n (b) Budget Assurances.--The report required under subsection (a) \nshall include budget assurances that any future purchase of a firearm \nby a law enforcement agency will be possible without transferring a \ndecommissioned firearm.\n\nSEC. 7. DEFINITION.\n\n In this Act:\n (1) Decommissioned firearm.--The term ``decommissioned \n firearm'' means a firearm--\n (A) that is no longer in service or use by a law \n enforcement agency; or\n (B) that was involved in the commission of a crime \n and was confiscated and is no longer needed for \n evidentiary purposes.\n (2) Firearm.--The term ``firearm'' has the same meaning \n given that term in section 921(a)(3) of title 18, United States \n Code.\n (3) Person.--The term ``person'' has the same meaning \n given that term in section 1 of title 1, United States Code.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$10,000,000 for each of the fiscal years 2001 through 2005.","summary":"Police Gun Buyback Assistance Act - Authorizes the Attorney General to make grants to assist eligible States or units of local government in: (1) purchasing new firearms without transferring decommissioned firearms to any person, and (2) destroying decommissioned firearms.","title":"A bill to provide grants to law enforcement agencies to purchase firearms needed to perform law enforcement duties.","text_len":5319,"sum_len":273} {"bill_id":"107_s1656","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Benefits Administration \nImprovement Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Veterans Benefits Administration of the Department \n of Veterans Affairs is responsible for the timely and accurate \n processing of claims for veterans compensation and pension.\n (2) The accuracy of claims processing within the Veterans \n Benefits Administration has been a subject of concern to \n veterans, Congress, and the Department of Veterans Affairs.\n (3) While the Veterans Benefits Administration has reported \n in the past a 95 percent accuracy rate in processing claims, a \n new accuracy measurement system known as the Systematic \n Technical Accuracy Review found that, in 1998 and again in \n 2000, initial reviews of veterans claims were accurate only 64 \n percent of the time.\n (4) The Veterans Benefits Administration could lose up to \n 30 percent of its workforce to retirement by 2003, making \n adequate training for claims adjudicators even more necessary \n to ensure veterans claims are processed efficiently.\n (5) The Veterans Benefits Administration needs to take more \n aggressive steps to ensure that veterans claims are processed \n in an accurate and timely fashion so as to avoid unnecessary \n delays in providing veterans with compensation and pension \n benefits.\n (6) In 2001 the expected appeals processing time for a \n claim from notice of disagreement to final decision is 621 \n days.\n (7) As of September 2001, the Veterans Benefits \n Administration backlog of pending work was 533,029 claims.\n\nSEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS.\n\n (a) Plan Required.--Not later than 90 days after the date of \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto the Committees on Veterans' Affairs of the Senate and the House of \nRepresentatives, the Majority Leader of the Senate, and the Speaker of \nthe House of Representatives a comprehensive plan for the improvement \nof the processing of claims for veterans compensation and pension.\n (b) Elements.--The plan under subsection (a) shall include the \nfollowing:\n (1) Mechanisms for the improvement of training of claims \n adjudicators and for the enhancement of employee accountability \n standards in order to ensure that initial reviews of claims are \n accurate and that unnecessary appeals of benefit decisions and \n delays in benefit payments are avoided.\n (2) Mechanisms for strengthening the ability of the \n Veterans Benefits Administration to identify recurring errors \n in claims adjudications by improving data collection and \n management relating to--\n (A) the human body and impairments common in \n disability and pension claims; and\n (B) recurring deficiencies in medical evidence and \n examinations.\n (3) Mechanisms for implementing a system for reviewing \n claims processing accuracy that meets the internal control \n standard of the Federal Government on separation of duties and \n the program performance audit standard of the Federal \n Government on organizational independence.\n (4) Mechanisms for evaluating the impact of the Training \n and Performance Support System on the accuracy and consistency \n of claims processing.\n (5) Quantifiable goals for each of the mechanisms developed \n under paragraphs (1) through (4).\n (c) Consultation.--In developing the plan under subsection (a), the \nSecretary shall consult with and obtain the views of veterans \norganizations, county veteran service associations, and other \ninterested parties.\n (d) Implementation.--The Secretary shall implement the plan under \nsubsection (a) commencing 60 days after the date of the submittal of \nthe plan under that subsection.\n (e) Modification.--(1) The Secretary may modify the plan submitted \nunder subsection (a).\n (2) Any modification under paragraph (1) shall not take effect \nuntil 30 days after the date on which the Secretary submits to the \nCommittees on Veterans' Affairs of the Senate and the House of \nRepresentatives, the Majority Leader of the Senate, and the Speaker of \nthe House of Representatives a notice regarding such modification.\n (f) Reports.--Not later than January 1, 2003, and every six months \nthereafter, the Secretary shall submit to the Committees on Veterans' \nAffairs of the Senate and the House of Representatives, the Majority \nLeader of the Senate, and the Speaker of the House of Representatives a \nreport assessing implementation of the plan under subsection (a) during \nthe preceding 6 months, including an assessment of whether the goals \nset forth under subsection (b)(5) are being achieved.\n (g) Funding.--The Secretary shall carry out the plan under this \nsection in any fiscal year using amounts appropriated or otherwise made \navailable for the Veterans Benefits Administration for that fiscal \nyear.","summary":"Veterans Benefits Administration Improvement Act of 2001 - Directs the Secretary of Veterans Affairs to submit to the congressional veterans' committees, the Senate Majority Leader, and the Speaker of the House a comprehensive plan for the improvement of the processing of claims for veterans' compensation and pension. Requires such plan to include the training of claims adjudicators and the enhancement of accountability standards to improve the timeliness and accuracy of such claims processing. Allows for plan modifications, but requires prior notification to the entities followed by a 30-day waiting period. Provides plan funding.","title":"A bill to provide for the improvement of the processing of claims for veterans compensation and pension, and for other purposes.","text_len":5312,"sum_len":638} {"bill_id":"115_hr2285","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``School-Based Respiratory Health \nManagement Act''.\n\nSEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED \n SCHOOL PERSONNEL TO ADMINISTER RESCUE MEDICATIONS FOR \n ALLERGIES AND REVERSIBLE LOWER AIRWAY DISORDERS.\n\n Section 399L(d) of the Public Health Service Act (42 U.S.C. \n280g(d)) is amended--\n (1) in paragraph (1)--\n (A) by amending subparagraph (F) to read as \n follows:\n ``(F) School personnel administration of rescue \n medications for allergies and reversible lower airway \n disorders.--In determining the preference (if any) to \n be given to a State under this subsection, the \n Secretary shall give additional preference to a State \n that provides to the Secretary the certification \n described in subparagraph (G) and that requires that \n each public elementary school and secondary school in \n the State--\n ``(i) has in place a plan for having on the \n premises of the school during all operating \n hours of the school a school nurse or one or \n more other individuals who are trained \n personnel of the school; and\n ``(ii) has in place under the direction of \n a school nurse a comprehensive school-based \n allergies and reversible lower airway disorders \n management program that includes--\n ``(I) a method to identify all \n students of such school with a \n diagnosis of allergies and reversible \n lower airway disorders;\n ``(II) an individual student \n allergies and reversible lower airway \n disorders action plan for each student \n of such school with a diagnosis of \n allergies and reversible lower airway \n disorders;\n ``(III) allergies and reversible \n lower airway disorders education for \n school staff who are directly \n responsible for students who have been \n identified as having allergies or \n reversible lower airway disorders, such \n as education regarding basics, \n management, trigger management, and \n comprehensive emergency responses with \n respect to allergies and reversible \n lower airway disorders;\n ``(IV) rescue medications for \n allergies or reversible lower airway \n disorders and emergency policies that \n are specific to the school;\n ``(V) efforts to reduce the \n presence of environmental triggers of \n allergies and reversible lower airway \n disorders; and\n ``(VI) a system to support students \n with a diagnosis of allergies or \n reversible lower airway disorders \n through coordination with family \n members of such students, primary care \n providers of such students, and others \n as necessary.''; and\n (B) in subparagraph (G), by inserting ``or rescue \n medication for allergies or reversible lower airway \n disorders to a student reasonably believed to have a \n diagnosis of allergies or reversible lower airway \n disorders,'' after ``to a student reasonably believed \n to be having an anaphylactic reaction''; and\n (2) in paragraph (3)--\n (A) in subparagraph (C)--\n (i) by striking ``The term'' and inserting \n ``(i) The term''; and\n (ii) by adding at the end the following new \n clause:\n ``(ii) The term `rescue medications for allergies \n and reversible lower airway disorders' includes at \n least short-acting bronchodilators.''; and\n (B) in subparagraph (E)--\n (i) in the matter preceding clause (i), by \n inserting ``, such as the school nurse'' after \n ``individual'';\n (ii) in clause (i)--\n (I) by inserting ``school nurse \n or'' before ``principal''; and\n (II) by inserting ``and rescue \n medications for allergies and \n reversible lower airway disorders'' \n before ``on a voluntary basis'';\n (iii) in clause (ii), by inserting ``and \n rescue medications for allergies and reversible \n lower airway disorders'' before the semicolon; \n and\n (iv) in clause (iii), by inserting ``and \n rescue medications for allergies and reversible \n lower airway disorders'' before ``meets \n appropriate medical standards''.","summary":"School-Based Respiratory Health Management Act This bill amends the Public Health Service Act to revise the conditions under which the Department of Health and Human Services, in making asthma-related grants, gives preference to a state. A preference is given to states that require elementary and secondary schools to have: (1) on the premises during operating hours at least one individual trained in the administration of rescue medications for allergies and reversible lower airway disorders, and (2) an allergies and reversible lower airway disorders management program. Currently, this preference is given to states that require schools to have on the premises an individual trained in the administration of epinephrine to a student having a severe allergic reaction. To be eligible for this preference, a state must have civil liability protections for trained individuals who administer rescue medications for allergies and reversible lower airway disorders.","title":"School-Based Respiratory Health Management Act","text_len":6188,"sum_len":966} {"bill_id":"113_hr3756","text":"SECTION 1. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE \n ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE \n ACT OF 1978.\n\n (a) Definitions.--In this section:\n (1) FISA court.--The term ``FISA Court'' means a court \n established under section 103 of the Foreign Intelligence \n Surveillance Act of 1978 (50 U.S.C. 1803).\n (2) Intelligence community.--The term ``intelligence \n community'' has the meaning given that term in section 3(4) of \n the National Security Act of 1947 (50 U.S.C. 3003(4)).\n (b) Requirement To Disclose.--\n (1) In general.--If a FISA Court issues a decision that \n determines that surveillance activities conducted by the \n Government of the United States have violated the laws or \n Constitution of the United States, the Attorney General shall \n publicly disclose the decision in a manner consistent with the \n protection of the national security of the United States.\n (2) Disclosure described.--For each disclosure required by \n paragraph (1), the Attorney General shall make available to the \n public documents sufficient to identify with particularity the \n statutory or constitutional provision that was determined to \n have been violated.\n (3) Documents described.--The Attorney General shall \n satisfy the disclosure requirements in paragraph (2) by--\n (A) releasing a FISA Court decision in its entirety \n or as redacted; or\n (B) releasing a summary of a FISA Court decision.\n (4) Extensive disclosure.--The Attorney General shall \n release as much information regarding the facts and analysis \n contained in a decision described in paragraph (1) or documents \n described in paragraph (3) as is consistent with legitimate \n national security concerns.\n (5) Timing of disclosure.--A decision that is required to \n be disclosed under paragraph (1) shall be disclosed not later \n than 60 days after the decision is issued.\n (c) Director of National Intelligence Disclosures to Congress and \nthe Public.--\n (1) Requirement for disclosures to congress.--Not later \n than 90 days after the date of the enactment of this Act, the \n Director of National Intelligence shall provide to Congress, in \n writing, the following information:\n (A) Whether the National Security Agency or any \n other element of the intelligence community has ever \n collected the cell-site location information of a large \n number of United States persons with no known \n connection to suspicious activity, or made plans to \n collect such information.\n (B) A description of the type and amount of \n evidence the Director of National Intelligence believes \n is required to permit the collection of cell-site \n location information of United States persons for \n intelligence purposes.\n (C) Whether the National Security Agency or any \n other element of the intelligence community has ever \n conducted a warrantless search of a collection of \n communications collected under section 702 of the \n Foreign Intelligence Surveillance Act of 1978 (50 \n U.S.C. 1881a) in an effort to find the communications \n of a particular United States person (other than a \n corporation).\n (D) If the National Security Agency or any other \n element of the intelligence community has conducted a \n search described in subparagraph (C), the number of \n such searches that have been conducted or an estimate \n of such number if it is not possible to provide a \n precise count.\n (E) A specific description of when the United \n States Government first began relying on authorities \n under the Foreign Intelligence Surveillance Act of 1978 \n (50 U.S.C. 1801 et seq.) to justify the collection of \n records pertaining to large numbers of United States \n persons with no known connection to suspicious \n activity.\n (F) Whether representations made to the Supreme \n Court of the United States by the Department of Justice \n in the case of Clapper v. Amnesty International USA \n accurately described the use of authorities under the \n Foreign Intelligence Surveillance Act of 1978 by the \n United States Government, and if any representations \n were inaccurate, which representations were inaccurate \n and how such representations have been corrected.\n (G) A listing of FISA Court opinions that \n identified violations of the law, the Constitution, or \n FISA Court orders with regard to collection carried out \n pursuant to section 402, 501, or 702 of the Foreign \n Intelligence Surveillance Act of 1978 (50 U.S.C. 1842, \n 1861, and 1881a) and a description of the violations \n identified by a FISA Court.\n (2) Form of disclosures.--\n (A) Disclosures to the public.--The written \n submission required by paragraph (1) shall be made \n available to the public not later than 15 days after \n the date it is submitted to Congress.\n (B) Redactions.--If the Director of National \n Intelligence believes that public disclosure of \n information in the written submission required by \n paragraph (1) could cause significant harm to national \n security, the Director may redact such information from \n the version made available to the public.\n (C) Submission to congress.--If the Director \n redacts information under subparagraph (B), not later \n than 30 days after the date the written submission \n required by paragraph (1) is made available to the \n public under subparagraph (A), the Director shall \n submit to the Select Committee on Intelligence of the \n Senate and the Permanent Select Committee on \n Intelligence of the House of Representatives a \n statement explaining the specific harm to national \n security that the disclosure of such information could \n cause.\n (d) Assessment of Economic Impact of Surveillance Activities.--\n (1) Requirement for assessment.--The Comptroller General of \n the United States, in consultation with the United States \n International Trade Commission, shall conduct an assessment of \n the economic impact of bulk collection programs conducted under \n title IV and title V of the Foreign Intelligence Surveillance \n Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA \n PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of \n surveillance programs conducted under section 702 of the \n Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. \n 1881a), in light of the fact that such programs are now public.\n (2) Evaluation.--The assessment required by paragraph (1) \n shall include an evaluation of the impact of these disclosures \n on United States communication service providers' ability to \n compete in foreign markets.\n (3) Submission to congress.--Not later than 270 days after \n the date of the enactment of this Act, the Comptroller General \n shall submit to Congress the findings of the assessment \n required by paragraph (1).","summary":"Requires the Attorney General to publicly disclose, in anbsp, manner consistent with national security,nbsp. Any decision of a court established by the Foreign Intelligence Surveillance Act of 1978 (FISA) that surveillance activities conducted by the US government have violated a particular US law or constitutional provision. Requires the Director of National Intelligence (DNI) to provide information on surveillance activities to Congress, including information regarding: (1) whether the National Security Agency (NSA) or any other element of the intelligence community has ever collected, or made plans to collect, the cell-site location information of a large number of US persons with no known connection to suspicious activity. (2) the type and amount of evidence the DNI believes is required to permit the collectionnbsp, of cell-site information for intelligence purposes. (3) whether NSA or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications in an effort to find the communications of a particular US person and, if so, the number of such searches or an estimate of such number. (4) when the US government first began relying on authorities under FISA to justify the collection of records with no known connection to suspicious activity. (5) whether representations made to the US Supreme Court by the Department of Justice (DOJ) in the case of Clapper v. Amnesty International USA accurately described the use of authorities under FISA by the government, which of such representations, if any, were inaccurate, and how such representations have been corrected. And (6) FISA court opinions that identified violations of the law, the Constitution, or FISA court orders relating to the collection of information under FISA. Directs the Comptroller General (GAO), in consultation with the US International Trade Commission, to conduct an assessment of the economic impact, including the impact on the ability of US communication service providers to compete in foreign markets, of bulk collection and surveillance programs conducted under FISA, and to report to Congress on such assessment.","title":"To provide for the public disclosure of information regarding surveillance activities under the Foreign Intelligence Surveillance Act of 1978.","text_len":8213,"sum_len":2170} {"bill_id":"111_hr3620","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hiring Heroes Tax Incentive Act of \n2009''.\n\nSEC. 2. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY RESERVE \n AND NATIONAL GUARD AND VETERANS RECENTLY SEPARATED FROM \n THE ARMED FORCES.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by inserting after section 45Q the following new \nsection:\n\n``SEC. 45R. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY \n RESERVE AND NATIONAL GUARD AND VETERANS RECENTLY \n SEPARATED FROM THE ARMED FORCES.\n\n ``(a) Allowance of Credit.--For purposes of section 38, the amount \nof the military employment credit determined under this section with \nrespect to any employer for any taxable year is 15 percent of the \nqualified wages paid or incurred during the calendar year which ends \nwith or within such taxable year.\n ``(b) Qualified Wages.--\n ``(1) In general.--For purposes of this section, the term \n `qualified wages' means any wages paid or incurred by an \n employer for services performed by a qualified employee.\n ``(2) Only first $10,000 of wages per year taken into \n account.--With respect to each employee, the amount of \n qualified wages which may be taken into account for a calendar \n year shall not exceed $10,000.\n ``(3) Coordination with other credits.--The $10,000 amount \n in paragraph (2) shall be reduced for any calendar year by the \n amount of wages paid or incurred during such year which are \n taken into account in determining the credit under section \n 45A(a), 45P(a), 51(a), 1396(a), 1400P(b), or 1400R.\n ``(c) Qualified Employee.--For purposes of this section--\n ``(1) Qualified employee.--The term `qualified employee' \n means, with respect to any period, any employee of an employer \n if during such period--\n ``(A) substantially all of the services performed \n by such employee for such employer are performed in a \n trade or business of the employer, and\n ``(B) such employee is--\n ``(i) a Ready Reserve-National Guard \n employee, or\n ``(ii) a recently-separated veteran.\n ``(2) Certain individuals not eligible.--The term \n `qualified employee' shall not include any individual described \n in a subparagraph of section 1396(d)(2) (relating to certain \n individuals not eligible to be qualified zone employees).\n ``(3) Ready reserve-national guard employee.--The term \n `Ready Reserve-National Guard employee' means an employee who \n is a member of the Ready Reserve (as defined in section 10142 \n of title 10, United States Code) or the National Guard (as \n defined in section 101(c)(1) of such title 10).\n ``(4) Recently-separated veteran.--The term `recently-\n separated veteran' means an individual who served on active \n duty (other than active duty for training) in the Armed Forces \n of the United States and was discharged or released therefrom \n under honorable conditions within the 5-year period ending on \n the date of the performance of services.\n ``(d) Other Definitions and Special Rules.--\n ``(1) Wages.--For purposes of this section, the term \n `wages' has the meaning given to such term by section 1397(a).\n ``(2) Controlled groups, etc.--Rules similar to the rules \n of subsections (b) and (c) of section 1397 shall apply for \n purposes of this section.\n ``(e) Termination.--The term `wages' shall not include any amount \npaid or incurred to an individual who begins work for the employer \nafter December 31, 2012.''.\n (b) Denial of Double Benefit.--Subsection (a) of section 280C of \nsuch Code (relating to denial of deduction for certain expenses for \nwhich credits are allowable) is amended by inserting ``45R,'' after \n``45P(a),''.\n (c) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (34), by striking the period at the end of paragraph (35) \nand inserting ``, plus'', and by inserting after paragraph (35) the \nfollowing new paragraph:\n ``(36) the military employment credit determined under \n section 45R(a).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45R. Credit for employers who employ members of the Ready \n Reserve and National Guard and veterans \n recently separated from the Armed \n Forces.''.\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Hiring Heroes Tax Incentive Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for up to 15 of the first $10,000 of wages paid to a Ready Reserve-National Guard employee or a recently-separated veteran . Terminates such credit after 2012.","title":"To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for employing members of the Ready Reserve and National Guard and veterans recently separated from the Armed Forces.","text_len":5165,"sum_len":266} {"bill_id":"106_hr4453","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United Nations Rapid Deployment \nPolice and Security Force Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) United States Presidential Decision Directive 71 calls \n for a stronger United States response to maintaining order in \n societies recovering from conflict. It aims to improve \n coordination of United States efforts and to enhance the \n ability of other countries, the United Nations, and regional \n organizations to plan, mount, and sustain operations in support \n of the rule of law.\n (2) In a press briefing on February 24, 2000, Secretary of \n State Madeleine Albright stated the following: ``The recent \n slowness in deploying desperately needed civilian police to \n Kosovo provides only the latest evidence that present \n international capabilities are not adequate. And the ongoing \n deployment of CIVPOL teams to East Timor and Sierra Leone show \n that the need will not soon diminish. In response, we must \n recognize that old models of peacekeeping don't always meet \n current challenges. Peace operations today often require skills \n that are neither strictly military nor strictly police but, \n rather, a combination of the two. The international community \n needs to identify and train units that are able to control \n crowds, deter vigilante actions, prevent looting and disarm \n civilian agitators while, at the same time, winning the trust \n of the communities in which they are deployed.''.\n (3) In his April 2000 report, ``We the Peoples, The Role of \n the United Nations in the 21st Century'', United Nations \n Secretary General Kofi Annan states that only member nations of \n the United Nations can fix the ``structural weakness of United \n Nations peace operations . . . Our system for launching \n operations has sometimes been compared to a volunteer fire \n department, but that description is too generous. Every time \n there is a fire, we must first find fire engines and the funds \n to run them before we can start dousing any flames. The present \n system relies almost entirely on last minute, ad hoc \n arrangements that guarantee delay, with respect to the \n provision of civilian personnel even more so than military. \n Although we have understandings for military standby \n arrangements with Member States, the availability of the \n designated forces is unpredictable and very few are in a state \n of high readiness. Resource constraints preclude us even from \n being able to deploy a mission headquarters rapidly.''.\n (4) The December 1999 United Nations ``Report on the \n Independent Inquiry into the Actions of the United Nations \n During the 1994 Genocide in Rwanda'' indicates that in April \n 1994, the United Nations Security Council failed to deploy \n 5,500 United Nations peacekeepers to Rwanda within two weeks of \n the initial violence, thereby allowing the conflict to \n escalate. The 6-month estimated cost of the deployment would \n have been $115,000,000. Instead, the genocide consumed 800,000 \n lives along with $2,000,000,000 in humanitarian aid.\n (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb \n troops forced the retreat of Dutch United Nations peacekeepers \n who were part of the United Nations Mission in Bosnia and \n Herzegovina (UNMIBH) from a ``safe haven'', resulting in the \n massacre of 7,000 Bosnian civilians and expulsion of 40,000 \n Bosnian civilians.\n (6) The United Nations peacekeeping budget estimate for the \n United Nations Mission in Bosnia and Herzegovina from July 1, \n 1997, to June 30, 1998, was $165,600,000, while the North \n Atlantic Treaty Organization (NATO)-sponsored intervention in \n the Serbian province of Kosovo cost $37,000,000 per day.\n (7) In July 1999, 4,700 civilian police officers were \n requested to be deployed to the Serbian province of Kosovo but, \n as of April 17, 2000, the United Nations has deployed only \n 2,901 of the requested police officers, resulting in the \n breakdown of law and order and the escalation of unrest in \n Kosovo.\n (8) In May 2000, Revolutionary United Front rebels in \n Sierra Leone, in violation of the ceasefire and peace accords, \n captured and held prisoner approximately 500 United Nations \n Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons, \n equipment, and vehicles of the peacekeepers were also seized. \n The UNAMSIL force had been deployed too slowly and was \n undertrained and understaffed, consisting of only 8,700 \n peacekeepers of the 11,000 peacekeepers requested by the United \n Nations Security Council.\n (9) On February 24, 2000, the United Nations Security \n Council approved a United States-sponsored proposal to send \n 5,537 troops on an observer mission to the Democratic Republic \n of the Congo (to be known as the United Nations Organization \n Mission in the Democratic Republic of the Congo (MONUC)), a \n Republic \\1\/3\\ the size of the United States, to monitor the \n implementation of the Lusaka accords. However, it will take at \n least three months to deploy the required forces. On April 25, \n 2000, South African Foreign Minister Dlamini-Zuma urged rapid \ndeployment of the troops and stated ``[i]f deployment is very slow [the \naccords] can fall apart . . . The troops should have been deployed a \nlong time ago.''.\n (10) The United States has the power in the United Nations \n Security Council to veto decisions that are not within the \n national interests of the United States.\n\nSEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND \n SECURITY FORCE.\n\n (a) Establishment.--The President shall direct the United States \nrepresentative to the United Nations to use the voice, vote, and \ninfluence of the United States to urge the United Nations--\n (1) to establish a United Nations Rapid Deployment Police \n and Security Force that is rapidly deployable, under the \n authority of the United Nations Security Council, and trained \n to standardized objectives;\n (2) to recruit personnel to serve in this Force; and\n (3) to provide equitable and reliable funding for the \n United Nations Rapid Deployment Police and Security Force.\n (b) Mission Statement.--The United Nations Rapid Deployment Police \nand Security Force should have a mission statement that provides for \nthe following:\n (1) The United Nations Rapid Deployment Police and Security \n Force will engage in operations when--\n (A) the United Nations Security Council determines \n that an imminent threat to the peace requires a \n preventive deployment of forces and the Security \n Council deems it as an appropriate response;\n (B) the United Nations Security Council determines \n ongoing gross violations of human rights or breaches of \n the peace require rapid intervention by the \n international community and the Security Council deems \n it as an appropriate response;\n (C) peace has been restored to a region but the \n rule of law has not yet been reestablished and when \n national civilian police or United Nations member \n nations personnel are not available and the Security \n Council deems it as an appropriate response; or\n (D) the United Nations Rapid Deployment Police and \n Security Force can utilize its personnel to help train \n the military and civilian police of member nations of \n the United Nations to better participate in \n international peace operations.\n (2) The United Nations Rapid Deployment Police and Security \n Force will consist of not more than 6000 personnel who are--\n (A) placed under the authority of the United \n Nations Security Council;\n (B) under the direction of the Secretary General of \n the United Nations;\n (C) deployed only by United Nations Security \n Council resolution;\n (D) volunteers from United Nations member nations \n employed directly by the United Nations;\n (E) trained as a single unit, appropriately \n equipped, expressly for international peace operations \n including civilian policing; and\n (F) rapidly deployable.\n (3) The United Nations Rapid Deployment Police and Security \n Force will be organized as a sub-department within the United \n Nations Department of Peacekeeping Operations or under the \n control of the United Nations's Military Staff Committee and \n will contain personnel trained as military staff officers and \n civilian police officers to be deployed immediately to a \n potential conflict area.\n (4) The deployment of the United Nations Rapid Deployment \n Police and Security Force will be limited to a maximum of 6 \n months, at which time the Police and Security Force would be \n replaced by personnel supplied by United Nations member \n nations.\n (5) The basing and infrastructure service of the United \n Nations Rapid Deployment Police and Security Force will be \n leased from existing member nations' institutions.\n\nSEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY \n FORCE.\n\n Not later than 1 year after the date of enactment of this Act, the \nPresident shall prepare and transmit to the Congress a report on the \nprogress of negotiations with the United Nations and its member nations \nregarding the creation of a United Nations Rapid Deployment Police and \nSecurity Force described in section 3.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) The term ``international peace operations'' means--\n (A) any such operation carried out under chapter VI \n or chapter VII of the Charter of the United Nations; \n and\n (B) any such United Nations operation that includes \n civilian policing.\n (2) The term ``rapidly deployable'' refers to the capacity \n to deploy military or civilian personnel to a region undergoing \n conflict within 15 days of the enactment of a United Nations \n Security Council resolution authorizing a deployment.","summary":"Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention. (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution. (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee, (4) limits Force deployment to a maximum of six months. And (5) requires its basing and infrastructure service to be leased from existing member nations' institutions.","title":"United Nations Rapid Deployment Police and Security Force Act of 2000","text_len":11194,"sum_len":830} {"bill_id":"111_hr2863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Worker-Executive Parity Act of \n2009''.\n\nSEC. 2. TREATMENT FOR COVERED DEFERRED EXECUTIVE COMPENSATION \n ARRANGEMENTS WHICH IS COMPARABLE TO CERTAIN FUNDING-BASED \n LIMITS ON BENEFITS AND BENEFIT ACCRUALS IMPOSED ON \n DEFINED BENEFIT PENSION PLANS.\n\n (a) In General.--Section 206(g) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1056(g)) is amended--\n (1) by redesignating paragraphs (9) and (10) as paragraphs \n (10) and (11), respectively; and\n (2) by inserting after paragraph (8) the following new \n paragraph:\n ``(9) Comparable treatment for covered deferred executive \n compensation arrangements.--\n ``(A) In general.--In any case in which a \n limitation applies under paragraph (2), (3), or (4) for \n any plan year in the case of a defined benefit plan \n which is a single-employer plan--\n ``(i) no amount of deferred compensation \n may accrue to a disqualified individual during \n such plan year under the terms of any covered \n deferred executive compensation arrangement \n maintained by the plan sponsor (irrespective of \n whether the accrual in deferred compensation is \n expressed in the form of a promise, a \n guarantee, or any other representation), and\n ``(ii) in the case of such an arrangement \n established during or after the 1-year period \n preceding such plan year (or any amendment to \n such an arrangement if such amendment is \n adopted during or after such 1-year period), no \n distribution of accrued deferred compensation \n may be made under such arrangement (or such \n amendment) to a disqualified individual during \n such plan year.\n ``(B) Covered deferred executive compensation \n arrangement defined.--\n ``(i) In general.--For purposes of this \n paragraph, the term `covered deferred executive \n compensation arrangement' means any arrangement \n providing for the deferral of compensation of a \n disqualified individual, whether or not--\n ``(I) compensation of the \n disqualified individual which is \n deferred under such arrangement is \n subject to substantial risk of \n forfeiture,\n ``(II) the disqualified \n individual's rights to the compensation \n deferred under the arrangement are no \n greater than the rights of a general \n creditor of the plan sponsor,\n ``(III) all amounts set aside \n (directly or indirectly) for purposes \n of paying the deferred compensation \n (including income), and all income \n attributable to such amounts, remain \n (until made available to the \n disqualified individual or other \n beneficiary) solely the property of the \n plan sponsor (without being restricted \n to the provision of benefits under the \n arrangement),\n ``(IV) the amounts referred to in \n subclause (III) are available to \n satisfy the claims of the plan \n sponsor's general creditors at all \n times (not merely after bankruptcy or \n insolvency), and\n ``(V) some or all of the \n compensation of the disqualified \n individual which is deferred under such \n arrangement is guaranteed by an \n insurance company, insurance service, \n or other similar organization.\n ``(ii) Exception for qualified \n arrangements.--Such term shall not include a \n arrangement that is--\n ``(I) described in section \n 219(g)(5)(A) of the Internal Revenue \n Code of 1986, or\n ``(II) an eligible deferred \n compensation plan (as defined in \n section 457(b) of such Code) of an \n eligible employer described in section \n 457(e)(1)(A) of such Code.\n ``(C) Disqualified individual defined.--For \n purposes of this paragraph, the term `disqualified \n individual' means a director or executive officer of \n the plan sponsor.''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to plan years beginning on or after the date of the \nenactment of this Act.","summary":"Worker-Executive Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), in instances where a single-employer defined benefit pension plan is subject to certain funding-based limits on benefits and benefit accruals under the Pension Protection Act of 2006, to prohibit: (1) the accrual of deferred compensation to a disqualified individual pursuant to a covered deferred executive compensation arrangement during a plan year. And (2) the distribution of accrued deferred compensation to such individual during a plan year when such arrangements are established during or after the one-year period preceding the plan year.","title":"To amend title I of the Employee Retirement Income Security Act of 1974 to provide for treatment of certain deferred executive compensation arrangements which is comparable to certain funding-based limits on benefits and benefit accruals imposed on defined benefit pension plans under the Pension Protection Act of 2006.","text_len":5919,"sum_len":654} {"bill_id":"111_hr2115","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Men and Families Health Care Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Risks to the health and well-being of the Nation's men \n (and our families) are on the rise due to a lack of education, \n awareness, and pursuit of preventative screening and care--\n (A) men are leading in 9 out of the top 10 causes \n of death;\n (B) 1 in 2 men versus 1 in 3 women in their \n lifetime will be diagnosed with cancer;\n (C) the life expectancy gap between men and women \n has increased from one year in 1920 to 5.2 years in \n 2005; and\n (D) studies show that women are 100 percent more \n likely than men to visit a doctor, have regular \n physician check-ups, and obtain preventive screening \n tests for serious diseases.\n (2) While this health crisis is of particular concern to \n men, it is also a concern for women regarding their fathers, \n husbands, sons, and brothers.\n (3) According to the Census Bureau, by the time men and \n women reach age 65, the ratio of men to women reduces to 85 to \n 100. The growing disparity in this statistic suggests that \n among other factors, the declining health of men increases the \n risk of women entering retirement age as widows.\n (4) According to the Administration on Aging, more than \n half of elderly widows now living in poverty were not poor \n before the death of their husbands.\n (5) Men's health is a concern to Federal and State \n governments which absorb the enormous costs of premature death \n and disability, including the costs of caring for dependents \n left behind.\n (6) Educating men, their families, and health care \n providers about the importance of early detection of male \n health issues (i.e. cardiovascular, mental, prostate health, \n cancer (lung, prostate, skin, colorectal, testicular, and \n more), HIV\/AIDS, osteoporosis, and other pertinent health \n issues) can result in reducing rates of mortality for male-\n specific diseases, as well as improve the health of the \n Nation's men and its overall economic well-being.\n (7) Of concern is the physical, mental, and emotional well-\n being of our military men (and women) returning from war zones \n and our veterans. We must pay attention to their needs and the \n needs of their families.\n (8) Recent scientific studies have shown that regular \n medical exams, preventive screenings, regular exercise, and \n healthy eating habits can help save lives.\n (9) Appropriate use of tests such as prostate-specific \n antigen (PSA) exams and blood pressure, blood sugar, lipid \n panel, and colorectal screenings in conjunction with clinical \n exams or self-testing, can result in the early detection of \n many problems and in increased survival rates.\n (10) Men's health is a concern for employers who pay the \n costs of medical care and lose productive employees.\n (11) Prostate cancer is the most frequently diagnosed \n cancer in the United States among men, accounting for 25 \n percent of all cancer cases--\n (A) over 185,000 men will be newly diagnosed with \n prostate cancer this year alone, and almost 29,000 will \n die;\n (B) costs associated with prostate cancer detection \n and treatments exceed $8 billion annually and represent \n 8 percent of cancer and 0.4 percent of all health-\n related expenditures in the United States;\n (C) prostate cancer rates increase sharply with \n age, and more than \\2\/3\\ of such cases are diagnosed in \n men age 65 and older;\n (D) \\2\/3\\ of annual prostate cancer expenditures in \n the United States are paid for by Medicare; and\n (E) the incidence of prostate cancer and the \n resulting mortality rate in African-American men is \n twice that of all other men.\n (12) It is estimated that in 2008, approximately 115,000 \n men were diagnosed with lung cancer, and almost 91,000 of the \n Nation's men died from lung cancer.\n (13) It is estimated that in 2008, approximately 54,000 men \n were diagnosed with colorectal cancer, and over 24,000 of the \n Nation's men died from colorectal cancer.\n (14) Men make up over half of the diabetes patients aged 20 \n and over in the United States (10.9 million men total) and \n nearly \\1\/3\\ of them do not know it--\n (A) whereas approximately 21,000,000 Americans are \n living with diabetes, men are 30 percent more likely to \n die from the disease;\n (B) 54 million American people have pre-diabetes \n and 1.5 million new cases of diabetes were diagnosed in \n 2005; and\n (C) people with diagnosed diabetes have medical \n expenditures that are 2 to 3 times higher than patients \n without diabetes and the estimated cost of diabetes in \n 2007 was $174,000,000, including $116,000,000 in excess \n medical expenditures and $58,000,000 in reduced \n national productivity.\n (15) Over 8,000 men, ages 15 to 40, will be diagnosed this \n year with testicular cancer, and 380 of these men will die of \n this disease in 2008. A common reason for delay in treatment of \n this disease is a delay in seeking medical attention after \n discovering a testicular mass.\n (16) Men over the past decade have shown poorer health \n outcomes than women across all racial and ethnic groups as well \n as socioeconomic status.\n (17) Establishing an Office of Men's Health is needed to \n investigate these findings and take further actions to promote \n awareness of men's health needs.\n\nSEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH.\n\n Title XVII of the Public Health Service Act (42 U.S.C. 300u et \nseq.) is amended by adding at the end the following:\n\n``SEC. 1711. OFFICE OF MEN'S HEALTH.\n\n ``(a) In General.--The Secretary shall establish within the \nDepartment of Health and Human Services an office to be known as the \nOffice of Men's Health. The Secretary shall appoint a director as head \nof the office.\n ``(b) Activities.--The Secretary, acting through the Director of \nthe Office of Men's Health, shall--\n ``(1) conduct, support, coordinate, and promote programs \n and activities to improve the state of men's health in the \n United States, including by working with the Department of \n Veterans Affairs, the Department of Defense, and the Federal \n Employee Health Benefits Plan; and\n ``(2) provide for consultation among offices and agencies \n of the Department of Health and Human Services for the purposes \n of--\n ``(A) coordinating public awareness, education, and \n screening programs and activities relating to men's \n health;\n ``(B) coordinating programs and activities under \n title XVIII of the Social Security Act relating to \n men's health, including prostate cancer, diabetes, \n colorectal cancer, cholesterol, and mental health \n screening programs;\n ``(C) coordinating public awareness programs and \n activities, including prostate cancer, diabetes, \n colorectal cancer, cholesterol, and mental health \n screening programs, for men identified at being at \n increased risk of these diseases;\n ``(D) coordinating prostate-specific antigen (PSA), \n diabetes, cholesterol, and colorectal cancer screening \n programs and activities relating to men's prostate \n health, cardiovascular health, and mental health in \n order to conduct a comparative effectiveness review; \n and\n ``(E) establishing a clinical registries database \n to assess and measure quality improvement of programs \n and activities relating to men's health.\n ``(c) Report.--Not later than 2 years after the date of the \nenactment of this section, the Secretary, acting through the Director \nof the Office of Men's Health, shall submit to the Congress a report \ndescribing the activities of such Office, including findings by the \nDirector regarding men's health.''.","summary":"Men and Families Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health. Requires the Secretary, acting through the Director of the Office, to: (1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States. And (2) provide for consultation among HHS agencies and offices to coordinate men's health programs and activities and establish a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health.","title":"To amend the Public Health Service Act to establish an Office of Men's Health.","text_len":9142,"sum_len":685} {"bill_id":"115_hr1119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Satisfying Energy Needs and Saving \nthe Environment Act'' or the ``SENSE Act''.\n\nSEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS.\n\n (a) Definitions.--In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Boiler operating day.--The term ``boiler operating \n day'' has the meaning given such term in section 63.10042 of \n title 40, Code of Federal Regulations, or any successor \n regulation.\n (3) Coal refuse.--The term ``coal refuse'' means any \n byproduct of coal mining, physical coal cleaning, or coal \n preparation operation that contains coal, matrix material, \n clay, and other organic and inorganic material.\n (4) Coal refuse electric utility steam generating unit.--\n The term ``coal refuse electric utility steam generating unit'' \n means an electric utility steam generating unit that--\n (A) is in operation as of the date of enactment of \n this Act;\n (B) uses fluidized bed combustion technology to \n convert coal refuse into energy; and\n (C) uses coal refuse as at least 75 percent of the \n annual fuel consumed, by heat input, of the unit.\n (5) Coal refuse-fired facility.--The term ``coal refuse-\n fired facility'' means all coal refuse electric utility steam \n generating units that are--\n (A) located on one or more contiguous or adjacent \n properties;\n (B) specified within the same Major Group (2-digit \n code), as described in the Standard Industrial \n Classification Manual (1987); and\n (C) under common control of the same person (or \n persons under common control).\n (6) Electric utility steam generating unit.--The term \n ``electric utility steam generating unit'' means an electric \n utility steam generating unit, as such term is defined in \n section 63.10042 of title 40, Code of Federal Regulations, or \n any successor regulation.\n (b) Emission Limitations To Address Hydrogen Chloride and Sulfur \nDioxide as Hazardous Air Pollutants.--\n (1) Applicability.--For purposes of regulating emissions of \n hydrogen chloride or sulfur dioxide from a coal refuse electric \n utility steam generating unit under section 112 of the Clean \n Air Act (42 U.S.C. 7412), the Administrator--\n (A) shall authorize the operator of such unit to \n elect that such unit comply with either--\n (i) an emissions standard for emissions of \n hydrogen chloride that meets the requirements \n of paragraph (2); or\n (ii) an emission standard for emissions of \n sulfur dioxide that meets the requirements of \n paragraph (2); and\n (B) may not require that such unit comply with both \n an emission standard for emissions of hydrogen chloride \n and an emission standard for emissions of sulfur \n dioxide.\n (2) Rules for emission limitations.--\n (A) In general.--The Administrator shall require an \n operator of a coal refuse electric utility steam \n generating unit to comply, at the election of the \n operator, with no more than one of the following \n emission standards:\n (i) An emission standard for emissions of \n hydrogen chloride from such unit that is no \n more stringent than an emission rate of 0.002 \n pounds per million British thermal units of \n heat input.\n (ii) An emission standard for emissions of \n hydrogen chloride from such unit that is no \n more stringent than an emission rate of 0.02 \n pounds per megawatt-hour.\n (iii) An emission standard for emissions of \n sulfur dioxide from such unit that is no more \n stringent than an emission rate of 0.20 pounds \n per million British thermal units of heat \n input.\n (iv) An emission standard for emissions of \n sulfur dioxide from such unit that is no more \n stringent than an emission rate of 1.5 pounds \n per megawatt-hour.\n (v) An emission standard for emissions of \n sulfur dioxide from such unit that is no more \n stringent than capture and control of 93 \n percent of sulfur dioxide across the generating \n unit or group of generating units, as \n determined by comparing--\n (I) the expected sulfur dioxide \n generated from combustion of fuels \n emissions calculated based upon as-\n fired fuel samples, to\n (II) the actual sulfur dioxide \n emissions as measured by a sulfur \n dioxide continuous emission monitoring \n system.\n (B) Measurement.--An emission standard described in \n subparagraph (A) shall be measured as a 30 boiler \n operating day rolling average per coal refuse electric \n utility steam generating unit or group of coal refuse \n electric utility steam generating units located at a \n single coal refuse-fired facility.\n\n Passed the House of Representatives March 8, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on January 12, 2018. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act This bill eases emission limits for hazardous air pollutants from electric utility steam generating units that convert coal refuse into energy. The Environmental Protection Agency must allow utilities to select a standard for either hydrogen chloride or sulfur dioxide with which to comply from a list of specified standards.","title":"Satisfying Energy Needs and Saving the Environment Act","text_len":6438,"sum_len":487} {"bill_id":"104_s348","text":"SECTION 1. CONGRESSIONAL REVIEW OF RULES.\n\n (a) Short Title.--This Act may be cited as the ``Regulatory \nOversight Act of 1995''.\n (b) In General.--Chapter 5 of title 5, United States Code, is \namended by inserting after section 553 the following new section:\n``Sec. 553a. Congressional review of rules\n ``(a) For purposes of this section the term `significant rule' \nmeans any rule that may have an annual effect on the economy of \n$100,000,000 or more or adversely affect in a material way the economy, \na sector of the economy, productivity, competition, jobs, the \nenvironment, public health or safety, or State, local, or tribal \ngovernments or communities.\n ``(b)(1) Before a rule takes effect as a final rule, the agency \npromulgating such rule shall submit to the Congress a report \ncontaining--\n ``(A) a copy of the rule;\n ``(B) a concise general statement relating to the rule;\n ``(C) the proposed effective date of the rule; and\n ``(D) a complete copy of the cost benefit analysis of the \n rule, if any.\n ``(2) A significant rule relating to a report submitted under \nparagraph (1) shall take effect as a final rule, the latest of--\n ``(A) the later of the date occurring 45 days after the \n date on which--\n ``(i) the Congress receives the report submitted \n under paragraph (1); or\n ``(ii) the rule is published in the Federal \n Register;\n ``(B) if the Congress passes a joint resolution of \n disapproval described under subsection (h) relating to the \n rule, and the President signs a veto of such resolution, the \n earlier date--\n ``(i) on which either House of Congress votes and \n fails to override the veto of the President; or\n ``(ii) occurring 30 session days after the date on \n which the Congress received the veto and objections of \n the President; or\n ``(C) the date the rule would have otherwise taken effect, \n if not for this section (unless a joint resolution of \n disapproval under subsection (h) is enacted).\n ``(3) Except for a significant rule, a rule shall take effect as \notherwise provided by law after submission to Congress under paragraph \n(1).\n ``(c) A rule shall not take effect as a final rule, if the Congress \npasses a joint resolution of disapproval described under subsection \n(h).\n ``(d)(1) Notwithstanding any other provision of this section \n(except subject to paragraph (3)), a rule that would not take effect by \nreason of this section may take effect, if the President makes a \ndetermination under paragraph (2) and submits written notice of such \ndetermination to the Congress.\n ``(2) Paragraph (1) applies to a determination made by the \nPresident by Executive order that the rule should take effect because \nsuch rule is--\n ``(A) necessary because of an imminent threat to health or \n safety or other emergency;\n ``(B) necessary for the enforcement of criminal laws; or\n ``(C) necessary for national security.\n ``(3) An exercise by the President of the authority under this \nsubsection shall have no effect on the procedures under subsection (h) \nor the effect of a joint resolution of disapproval under this section.\n ``(4) This subsection and an Executive order issued by the \nPresident under this subsection shall not be subject to judicial review \nby a court of the United States.\n ``(e)(1) The provisions of subsection (h) shall apply to any rule \nthat is published in the Federal Register (as a rule that shall take \neffect as a final rule) during the period beginning on the date \noccurring 60 days before the date the Congress adjourns sine die \nthrough the date on which the succeeding Congress first convenes.\n ``(2) For purposes of subsection (h), a rule described under \nparagraph (1) shall be treated as though such rule were published in \nthe Federal Register (as a rule that shall take effect as a final rule) \non the date the succeeding Congress first convenes.\n ``(3) During the period beginning on the date the Congress adjourns \nsine die through the date on which the succeeding Congress first \nconvenes, a rule described under paragraph (1) shall take effect as a \nfinal rule as otherwise provided by law.\n ``(f) Any rule that takes effect and later is made of no force or \neffect by the enactment of a joint resolution under subsection (h) \nshall be treated as though such rule had never taken effect.\n ``(g) If the Congress does not enact a joint resolution of \ndisapproval under subsection (h), no court or agency may infer any \nintent of the Congress from any action or inaction of the Congress with \nregard to such rule, related statute, or joint resolution of \ndisapproval.\n ``(h)(1) For purposes of this subsection, the term `joint \nresolution' means only a joint resolution introduced after the date on \nwhich the report referred to in subsection (b) is received by Congress \nthe matter after the resolving clause of which is as follows: `That \nCongress disapproves the rule submitted by the ________ relating to \n________, and such rule shall have no force or effect. (The blank \nspaces being appropriately filled in.)'.\n ``(2)(A) A resolution described in paragraph (1) shall be referred \nto the committees in each House of Congress with jurisdiction. Such a \nresolution may not be reported before the eighth day after its \nsubmission or publication date.\n ``(B) For purposes of this subsection the term `submission or \npublication date' means the later of the date on which--\n ``(i) the Congress receives the report submitted under \n subsection (b)(1); or\n ``(ii) the rule is published in the Federal Register.\n ``(3) If the committee to which is referred a resolution described \nin paragraph (1) has not reported such resolution (or an identical \nresolution) at the end of 20 calendar days after the submission or \npublication date defined under paragraph (2)(B), such committee may be \ndischarged by the Majority Leader of the Senate or the Majority Leader \nof the House of Representatives, as the case may be, from further \nconsideration of such resolution and such resolution shall be placed on \nthe appropriate calendar of the House involved.\n ``(4)(A) When the committee to which a resolution is referred has \nreported, or when a committee is discharged (under paragraph (3)) from \nfurther consideration of, a resolution described in paragraph (1), it \nis at any time thereafter in order (even though a previous motion to \nthe same effect has been disagreed to) for any Member of the respective \nHouse to move to proceed to the consideration of the resolution, and \nall points of order against the resolution (and against consideration \nof the resolution) are waived. The motion is highly privileged in the \nHouse of Representatives and is privileged in the Senate and is not \ndebatable. The motion is not subject to amendment, or to a motion to \npostpone, or to a motion to proceed to the consideration of other \nbusiness. A motion to reconsider the vote by which the motion is agreed \nto or disagreed to shall not be in order. If a motion to proceed to the \nconsideration of the resolution is agreed to, the resolution shall \nremain the unfinished business of the respective House until disposed \nof.\n ``(B) Debate on the resolution, and on all debatable motions and \nappeals in connection therewith, shall be limited to not more than 10 \nhours, which shall be divided equally between those favoring and those \nopposing the resolution. A motion further to limit debate is in order \nand not debatable. An amendment to, or a motion to postpone, or a \nmotion to proceed to the consideration of other business, or a motion \nto recommit the resolution is not in order. A motion to reconsider the \nvote by which the resolution is agreed to or disagreed to is not in \norder.\n ``(C) Immediately following the conclusion of the debate on a \nresolution described in paragraph (1), and a single quorum call at the \nconclusion of the debate if requested in accordance with the rules of \nthe appropriate House, the vote on final passage of the resolution \nshall occur.\n ``(D) Appeals from the decisions of the Chair relating to the \napplication of the rules of the Senate or the House of Representatives, \nas the case may be, to the procedure relating to a resolution described \nin paragraph (1) shall be decided without debate.\n ``(5) If, before the passage by one House of a resolution of that \nHouse described in paragraph (1), that House receives from the other \nHouse a resolution described in paragraph (1), then the following \nprocedures shall apply:\n ``(A) The resolution of the other House shall not be \n referred to a committee.\n ``(B) With respect to a resolution described in paragraph \n (1) of the House receiving the resolution--\n ``(i) the procedure in that House shall be the same \n as if no resolution had been received from the other \n House; but\n ``(ii) the vote on final passage shall be on the \n resolution of the other House.\n ``(6) This subsection is enacted by Congress--\n ``(A) as an exercise of the rulemaking power of the Senate \n and House of Representatives, respectively, and as such it is \n deemed a part of the rules of each House, respectively, but \n applicable only with respect to the procedure to be followed in \n that House in the case of a resolution described in paragraph \n (1), and it supersedes other rules only to the extent that it \n is inconsistent with such rules; and\n ``(B) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.''.\n (c) Technical and Conforming Amendment.--The table of sections for \nchapter 5 of title 5, United States Code, is amended by inserting after \nthe item relating to section 553 the following:\n\n``553a. Congressional review of rules.''.\n (d) Effective Date.--This Act shall take effect on the date of the \nenactment of this Act and shall apply to any significant rule that \ntakes effect as a final rule on or after such effective date.","summary":"Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval . Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.","title":"Regulatory Oversight Act of 1995","text_len":10627,"sum_len":707} {"bill_id":"114_hr2306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Obamacare Marriage Penalty \nElimination Act''.\n\nSEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX \n CREDIT.\n\n (a) In General.--Section 36B(d) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new paragraph:\n ``(4) Elimination of marriage penalty.--In the case of a \n joint return--\n ``(A) Credit determined separately with respect to \n each spouse.--The credit allowed under this section \n shall be sum of the two credits determined under this \n section separately with respect to each spouse (as \n provided under this subparagraph).\n ``(B) Treatment of income of spouses.--\n ``(i) In general.--Except as provided in \n clause (ii), each spouse shall take into \n account the income of such spouse for purposes \n of this section.\n ``(ii) Income split not to result in \n ineligibility for credit for either spouse.--\n If--\n ``(I) the poverty line with respect \n to a spouse (determined after \n application of this paragraph but \n without regard to this clause) exceeds \n the income taken into account by such \n spouse for purposes of this section (as \n so determined), and\n ``(II) the income taken into \n account by the other spouse for \n purposes of this section (as so \n determined) exceeds the sum of the \n poverty line with respect to such other \n spouse (as so determined) plus the \n excess described in subclause (I),\n the excess described in subclause (I) shall be \n taken into account as income of the spouse \n referred to in subclause (I) and not as income \n of the spouse referred to in subclause (II).\n ``(C) Treatment of dependents.--\n ``(i) In general.--Except as provided in \n clause (ii), dependents of the taxpayer shall \n be allocated between the two spouses at the \n election of the taxpayer. For purposes of \n determining the family size involved and \n household income with respect to each spouse, \n only such spouse and the dependents allocated \n to such spouse under this subparagraph shall be \n taken into account\n ``(ii) Limitation on taxpayer allocation.--\n The number of dependents allocated to a spouse \n under clause (i) cannot exceed the number of \n dependents allocated to the other spouse by \n more than 1 dependent.\n ``(D) Treatment of premiums.--To the extent that \n the amount of any monthly premium is determined \n separately with respect to either spouse or any \n dependent of the taxpayer, such premium shall be taken \n into account by such spouse or the spouse to which such \n dependent is allocated under subparagraph (C). In the \n case of any monthly premium which is not so separately \n determined, such premium may be allocated between the \n two spouses at the election of the taxpayer.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after the date of the enactment of this Act.\n\nSEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH \n INSURANCE PREMIUM TAX CREDIT.\n\n (a) Amendments to the Internal Revenue Code of 1986.--\n (1) In general.--Section 36B(c)(1)(A) of the Internal \n Revenue Code of 1986 is amended by striking ``400 percent'' and \n inserting ``the applicable percentage''.\n (2) Applicable percentage.--Section 36B(c)(1) of such Code \n is amended by redesignating subparagraphs (B), (C), and (D) as \n subparagraphs (C), (D), and (E), respectively, and by inserting \n after subparagraph (A) the following new subparagraph:\n ``(B) Applicable percentage.--The term `applicable \n percentage' means such percentage as the Secretary, \n after consultation with the Secretary of Health and \n Human Services, determines will result in a combination \n of increased Federal revenues and reduced Federal \n outlays which is equal to the combination of reduced \n Federal revenues and increased Federal outlays as a \n result of the amendments made by section 2 of the \n Obamacare Marriage Penalty Elimination Act.''.\n (3) Conforming amendments.--\n (A) Section 36B(b)(3)(A)(i) of such Code is amended \n by inserting ``and subsection (c)(1)(A)'' after \n ``Except as provided in clause (ii)''.\n (B) Section 36B(f)(2)(B)(i) of such Code is amended \n by striking ``400 percent'' and inserting ``the \n applicable percentage (as defined in subsection \n (c)(1)(B))''.\n (4) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2015.\n (b) Amendments to the Patient Protection and Affordable Care Act.--\n (1) In general.--Section 1402(b)(2) of the Patient \n Protection and Affordable Care Act is amended by striking ``400 \n percent'' and inserting ``the applicable percentage (as defined \n in section 36B(c)(1)(B) of the Internal Revenue Code of \n 1986)''.\n (2) Conforming amendments.--\n (A) Section 1402(c)(1)(A) of such Act is amended by \n striking ``The reduction'' and inserting ``Except as \n provided in subsection (b)(2), the reduction''.\n (B) Section 1402(c)(1)(B)(i) of such Act is amended \n by striking ``The Secretary'' and inserting ``Except as \n provided in subsection (b)(2), the Secretary''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to months beginning after December 31, 2015.","summary":"Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thusnbsp, preventing the tax effect known as the marriage penalty. And (2) replace the 400 poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.","title":"Obamacare Marriage Penalty Elimination Act","text_len":7046,"sum_len":581} {"bill_id":"109_hr6027","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Volunteer Emergency Services \nRecruitment and Retention Act of 2006''.\n\nSEC. 2. ELECTIVE TREATMENT OF LENGTH OF SERVICE AWARD PROGRAMS AS \n ELIGIBLE DEFERRED COMPENSATION PLANS.\n\n (a) In General.--Section 457(e) of the Internal Revenue Code of \n1986 (relating to other definitions and special rules) is amended by \nadding at the end the following new paragraph:\n ``(19) Special rules applicable to length of service award \n plans.--\n ``(A) In general.--The term `eligible deferred \n compensation plan' shall include, at the election of \n its sponsor, any length of service award plan. Any such \n election shall be irrevocable. In the case of a length \n of service award plan whose sponsor has elected to have \n such plan treated as an eligible deferred compensation \n plan, such plan shall be administered in a manner \n consistent with the requirements of this section and \n such sponsor shall be treated as an eligible employer \n described in paragraph (1)(A).\n ``(B) Length of service award plan.--For purposes \n of this paragraph--\n ``(i) In general.--The term `length of \n service award plan' means any plan paying \n solely length of service awards to bona fide \n volunteers (or their beneficiaries) on account \n of qualified services performed by such \n volunteers.\n ``(ii) Bona fide volunteer.--An individual \n shall be treated as a bona fide volunteer if \n the only compensation received by such \n individual for performing qualified services is \n in the form of--\n ``(I) reimbursement for (or a \n reasonable allowance for) reasonable \n expenses incurred in the performance of \n such services, or\n ``(II) reasonable benefits \n (including length of service awards), \n and fees for such services, customarily \n paid by eligible employers in \n connection with the performance of such \n services by volunteers.\n ``(iii) Qualified services.--The term \n `qualified services' means fire fighting and \n prevention services, emergency medical \n services, ambulance services, and emergency \n rescue services.\n ``(C) Maximum deferral amount.--In the case of a \n length of service award plan whose sponsor has elected \n to have such plan treated as an eligible deferred \n compensation plan, subsection (b)(2) shall be applied \n by striking `the lesser of--' and all that follows and \n inserting `the applicable dollar amount,'.\n ``(D) Distribution requirements.--In the case of a \n length of service award plan whose sponsor has elected \n to have such plan treated as an eligible deferred \n compensation plan, subsection (d)(1)(A)(ii) shall be \n applied by deeming a severance from employment to have \n occurred at the later of--\n ``(i) the payment date under the terms of \n the plan, or\n ``(ii) the date on which the plan \n participant ceases to perform qualified \n services.\n ``(E) Limitation on accruals.--\n ``(i) In general.--In the case of a length \n of service award plan that is a defined benefit \n plan (as defined in section 414(j)) whose \n sponsor has not elected to have such plan \n treated as an eligible deferred compensation \n plan, such plan shall be treated as not \n providing for the deferral of compensation if \n the aggregate amount of length of service \n awards accruing with respect to any year of \n service for any bona fide volunteer does not \n exceed $5,000. In the case of a length of \n service award plan described in the preceding \n sentence that is a defined benefit plan (as \n defined in section 414(j)), the limitation on \n the annual deferral shall apply to the \n actuarial present value of the aggregate amount \n of length of service awards accruing with \n respect to any year of service. Such actuarial \n present value shall be calculated using \n reasonable actuarial assumptions and methods \n assuming payment shall be made under the most \n valuable form of payment of the length of \n service award under the program with payment \n commencing at the later of the earliest age at \n which unreduced benefits are payable under the \n program or the participant's current age.\n ``(ii) Cost-of-living adjustment.--In the \n case of taxable years beginning after December \n 31, 2007, the Secretary shall adjust the $5,000 \n amount under clause (i) at the same time and in \n the same manner as under section 415(d), except \n that the base period shall be the calendar \n quarter beginning July 1, 2006, and any \n increase under this paragraph that is not a \n multiple of $500 shall be rounded to the next \n lowest multiple of $500.''.\n (b) Conforming Amendments.--\n (1) Section 457(e)(11) of the Internal Revenue Code of 1986 \n is amended to read as follows:\n ``(11) Certain plans excluded.--Any bona fide vacation \n leave, sick leave, compensatory time, severance pay, disability \n pay, or death benefit plan shall be treated as not providing \n for the deferral of compensation.''.\n (2) Section 3121(a)(5)(I) is amended by striking ``section \n 457(e)(11)(A)(ii)'' and inserting ``section 457(e)(19)''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2006.\n\nSEC. 3. EXEMPTION OF LENGTH OF SERVICE AWARD PROGRAMS FROM THE EMPLOYEE \n RETIREMENT INCOME SECURITY ACT OF 1974.\n\n The Secretary of Labor shall issue guidance clarifying that a \nlength of service award program described in section 457(e)(19) of the \nInternal Revenue Code of 1986 is not an employee pension benefit plan \nunder section 3(2) of the Employee Retirement Income Security Act of \n1974 (29 U.S.C. 1002(2)).","summary":"Volunteer Emergency Services Recruitment and Retention Act of 2006 - Amends the Internal Revenue Code to allow sponsors of certain deferred compensation plans to elect to include length of service award plans for bona fide volunteers providing fire fighting and prevention services, emergency medical services, and emergency rescue services. Directs the Secretary of Labor to issue regulations exempting a length of service award program from treatment as an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA).","title":"To amend the Internal Revenue Code of 1986 to provide recruitment and retention incentives for volunteer emergency service workers.","text_len":7699,"sum_len":555} {"bill_id":"105_hr2184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Private Security Officer Quality \nAssurance Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) employment of private security officers in the United \n States is growing rapidly;\n (2) private security officers function as an adjunct to \n public law enforcement by helping to reduce and prevent crime;\n (3) the private security industry provides numerous \n opportunities for entry-level job applicants, including \n individuals suffering from unemployment due to economic \n conditions or dislocations;\n (4) such private security officers protect individuals, \n tangible and intangible property and proprietary information \n and provide protection to such diverse operations as banks, \n hospitals, chemical companies, oil and gas refineries, \n airports, communication facilities and operations, office \n complexes, schools, residential properties, apartment \n complexes, gated communities and many others;\n (5) sworn law enforcement officers provide significant \n services to the citizens of the United States in its public \n areas, and are only supplemented by private security officers \n who provide prevention and reporting services in support of, \n but not in place of, regular sworn police;\n (6) given the growth of large private shopping malls, and \n the consequent reduction in the number of public shopping \n streets, the American public is more likely to have contact \n with private security personnel in the course of a day than \n with sworn law enforcement officers;\n (7) the trend in the Nation toward growth in such security \n services has accelerated rapidly as the per capita number of \n public sector law enforcement officers has decreased;\n (8) such growth serves important public policy goals in \n making available more public sector law enforcement officers to \n combat serious and violent crimes;\n (9) regardless of the differences in their duties, skill, \n and responsibilities, the public has difficulty in discerning \n the difference between sworn law enforcement officers and \n private security personnel;\n (10) the American public demands the employment of \n qualified, well-trained private security personnel as an \n adjunct, but not a replacement for sworn law enforcement \n officers; and\n (11) private security officers and applicants for private \n security officer positions should be screened as thoroughly as \n possible, particularly since many private security officers \n bear weapons.\n\nSEC. 3. BACKGROUND CHECKS.\n\n (a) In General.--(1) At the request of an employer of private \nsecurity officers, an association of employers of private security \nofficers, designated for the purpose of this section by the Attorney \nGeneral, must submit to the Attorney General fingerprints or other \nmethods of positive identification of an employee of such employer for \npurposes of a background check.\n (2) An employer may seek authorization from its employees to submit \ntheir fingerprints for purposes of a background check.\n (3) Upon receipt of fingerprints from an association designated \nunder this section, the Attorney General shall search the records of \nthe Interstate Information Index of the National Crime Information \nCenter and the Identification Division of the Federal Bureau of \nInvestigation, and shall provide any identification and criminal \nhistory records corresponding to the fingerprints to the requesting \nassociation within 30 business days.\n (4) The Attorney General shall, to the maximum extent possible, \nencourage the use of the best technology available in compiling \ncriminal history information and in responding to requests under this \nsection.\n (5) An association designated under this section shall submit \nemployee fingerprints to the Attorney General for identification and \nappropriate processing within one business day of receiving them. Such \nan association shall also transfer a copy of the identification and \ncriminal history records that it receives from the Attorney General to \nthe requesting employer within one business day of receiving them.\n (6) An association designated under this section shall provide a \ncopy to the appropriate licensing authorities or regulatory agencies in \nthe States of the requests it makes on behalf of employers for \nidentification and criminal history records. The association shall also \nprovide a copy of the information it transfers to employers to such \nStates.\n (b) Regulations.--The Attorney General may prescribe such \nregulations as may be necessary to carry out this section, including \nmeasures relating to the security, confidentiality, accuracy, use, and \ndissemination of information and audits and recordkeeping and the \nimposition of fees necessary for the recovery of costs.\n (c) Report.--The Attorney General shall report to the Senate and \nHouse Committees on the Judiciary 2 years after the date of enactment \nof this bill on the number of inquiries made by the association of \nemployers under this section and their disposition.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n Subsection (d) of section 534 of title 28, United States Code, is \namended by adding the following paragraph:\n ``(3) an association of employers of private security \n officers designated by the Attorney General for purposes of \n conducting background checks on employees or prospective \n employees.''.\n\nSEC. 5. CRIMINAL PENALTY.\n\n Whoever knowingly and intentionally uses any information obtained \npursuant to section 3 other than for the purpose of determining the \nsuitability of an individual for employment as a private security \nofficer shall be fined not more than $50,000 or imprisoned for not more \nthan two years, or both.\n\nSEC. 6. EMPLOYER LIABILITY.\n\n Where an employer of private security officers reasonably relies \nfor employment determinations upon criminal history information \nprovided by the Attorney General, such employer shall not be liable in \nany action for damages based on such employment determinations.\n\nSEC. 7. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``Attorney General'' includes any person or \n entity designated by the Attorney General, including the \n Federal Bureau of Investigation;\n (2) the term ``employee'' includes an applicant for \n employment;\n (3) the term ``employer'' means any person that--\n (A) provides, as an independent contractor, for \n consideration, the services of one or more private \n security officers (possibly including oneself); and\n (B) is licensed by one or more States as a provider \n of private security services, or is certified as such \n by the chief law enforcement officer of one or more \n States;\n (4) the term ``fingerprint'' includes any other method of \n positive identification approved by the Attorney General;\n (5) the term ``private security officer''--\n (A) means an individual who performs security \n services, full or part time, for consideration as an \n independent contractor or an employee, whether armed or \n unarmed and in uniform or plain clothes whose primary \n duty is to perform security services, but\n (B) does not include--\n (i) sworn police officers who have law \n enforcement powers in the State,\n (ii) attorneys, accountants, and other \n professionals who are otherwise licensed in the \n State,\n (iii) employees whose duties are primarily \n internal audit or credit functions,\n (iv) persons whose duties may incidentally \n include the reporting or apprehension of \n shoplifters or trespassers,\n (v) an individual on active duty in the \n military service,\n (vi) employees of electronic security \n system companies acting as technicians or \n monitors,\n (vii) employees whose duties primarily \n involve the secure movement of prisoners, or\n (viii) employees of armored vehicle \n companies;\n (6) the term ``security services'' means the performance of \n one or more of the following:\n (A) the observation or reporting of intrusion, \n larceny, vandalism, fire or trespass;\n (B) the deterrence of theft or misappropriation of \n any goods, money, or other item of value;\n (C) the observation or reporting of any unlawful \n activity;\n (D) the protection of individuals or property, \n including proprietary information, from harm or \n misappropriation;\n (E) the control of access to premises being \n protected;\n (F) the maintenance of order and safety at \n athletic, entertainment, or other public activities; \n and\n (G) the provision of canine services for protecting \n premises or for the detection of any unlawful device or \n substance; and\n (7) the term ``State'' means any of the several States, the \n District of Columbia, the Commonwealth of Puerto Rico, the \n United States Virgin Islands, American Samoa, Guam, and the \n Commonwealth of the Northern Mariana Islands.\n\nSEC. 8. USER FEES.\n\n Notwithstanding any other provision of law, the Attorney General \nmay collect a user fee for a request, under any applicable law, for an \nindividual's criminal history information.\n\nSEC. 9. EFFECTIVE DATE.\n\n The effective date of this Act shall be July 1, 1999.","summary":"Private Security Officer Quality Assurance Act of 1997 - Directs the Attorney General (AG) to designate an association of employers of private security officers, which must submit to the AG, at the request of an employer of officers, fingerprints or other methods of positive identification for background checks of such officers. Allows an employer to seek authorization from its employees for a background check. Directs the AG, upon receipt of fingerprints from an association, to: (1) search records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation. And (2) provide any corresponding identification and criminal history records to the requesting association. Authorizes the AG to prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Directs the AG to report to specified congressional committees two years after enactment of this Act on the number of inquiries made by the association of employers and their disposition. Establishes criminal penalties for misuse of such background check information. Provides that employers shall not be held liable in any action for damages based on employment determinations that rely on such criminal history information from the AG. Authorizes the AG to collect a user fee for a request, under any applicable law, for an individual's criminal history information.","title":"Private Security Officer Quality Assurance Act of 1997","text_len":10521,"sum_len":1487} {"bill_id":"103_hr4642","text":"-S-E-C-T-I-O-N -1-. -R-E-S-T-O-R-A-T-I-O-N -O-F -W-A-S-H-I-N-G-T-O-N \n -S-Q-U-A-R-E-.\n\n -(-a-) -R-e-s-t-o-r-a-t-i-o-n-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f \n-t-h-e -I-n-t-e-r-i-o-r -(-a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e \n-D-i-r-e-c-t-o-r -o-f -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e-) \n-i-s -a-u-t-h-o-r-i-z-e-d -t-o -p-r-o-v-i-d-e -a -g-r-a-n-t -t-o -t-h-e \n-C-i-t-y -o-f -P-h-i-l-a-d-e-l-p-h-i-a -t-o -u-n-d-e-r-t-a-k-e -t-h-e \n-r-e-s-t-o-r-a-t-i-o-n -o-f -t-h-e -a-r-e-a -k-n-o-w-n -a-s \n-W-a-s-h-i-n-g-t-o-n -S-q-u-a-r-e-, -a-s -d-e-p-i-c-t-e-d -o-n -t-h-e \n-m-a-p -n-u-m-b-e-r-e-d -, -a-n-d -d-a-t-e-d -. -S-u-c-h \n-g-r-a-n-t -m-a-y -n-o-t -b-e -u-s-e-d -t-o -f-u-n-d -m-o-r-e -t-h-a-n \n-6-6-.-6 -p-e-r-c-e-n-t -o-f -t-h-e -c-o-s-t-s -o-f -s-u-c-h \n-r-e-s-t-o-r-a-t-i-o-n-. -T-h-e -g-r-a-n-t -s-h-a-l-l -b-e \n-c-o-n-d-i-t-i-o-n-e-d -o-n -t-h-e -c-o-n-d-u-c-t -o-f -s-u-c-h \n-r-e-s-t-o-r-a-t-i-o-n -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-c-h \n-s-t-a-n-d-a-r-d-s -a-s -m-a-y -b-e -e-s-t-a-b-l-i-s-h-e-d -b-y -t-h-e \n-S-e-c-r-e-t-a-r-y -i-n -o-r-d-e-r -t-o -f-a-c-i-l-i-t-a-t-e -t-h-e \n-i-n-c-l-u-s-i-o-n -o-f -t-h-e -s-q-u-a-r-e -i-n \n-I-n-d-e-p-e-n-d-e-n-c-e -N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c-a-l -P-a-r-k \n-p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -2 -o-f -t-h-i-s -A-c-t-.\n -(-b-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f \n-A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----T-h-e-r-e -i-s -a-u-t-h-o-r-i-z-e-d \n-t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f \n-t-h-i-s -s-e-c-t-i-o-n -n-o-t -m-o-r-e -t-h-a-n -$-2-,-6-0-0-,-0-0-0 \n-f-o-r -t-h-e -f-i-s-c-a-l -y-e-a-r -1-9-9-5-.\n\n-S-E-C-. -2-. -I-N-C-L-U-S-I-O-N -W-I-T-H-I-N -I-N-D-E-P-E-N-D-E-N-C-E \n -N-A-T-I-O-N-A-L -H-I-S-T-O-R-I-C-A-L -P-A-R-K-.\n\n -U-p-o-n -c-o-m-p-l-e-t-i-o-n -o-f -t-h-e -r-e-s-t-o-r-a-t-i-o-n-, \n-p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -1-, -o-f -W-a-s-h-i-n-g-t-o-n \n-S-q-u-a-r-e -(-a-s -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p \n-r-e-f-e-r-r-e-d -t-o -i-n -s-e-c-t-i-o-n -1-)-, -t-h-e \n-S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -i-s \n-a-u-t-h-o-r-i-z-e-d -t-o -e-n-t-e-r -i-n-t-o -a -l-e-a-s-e \n-a-g-r-e-e-m-e-n-t -w-i-t-h -t-h-e -c-i-t-y -o-f \n-P-h-i-l-a-d-e-l-p-h-i-a -f-o-r -t-h-e -l-e-a-s-e -o-f -s-u-c-h \n-a-r-e-a -t-o -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e-, -a-n-d \n-t-h-e -S-e-c-r-e-t-a-r-y -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-o-d-i-f-y \n-t-h-e -b-o-u-n-d-a-r-i-e-s -o-f -I-n-d-e-p-e-n-d-e-n-c-e \n-N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c-a-l -P-a-r-k -t-o -i-n-c-l-u-d-e \n-s-u-c-h -a-r-e-a -w-i-t-h-i-n -s-u-c-h -b-o-u-n-d-a-r-i-e-s-, -a-n-d \n-t-o -p-r-o-v-i-d-e -f-o-r -t-h-e -a-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f \n-s-u-c-h -a-r-e-a -a-s -p-a-r-t -o-f -s-u-c-h -P-a-r-k-.\n\nSECTION 1. RESTORATION OF WASHINGTON SQUARE.\n\n (a) Restoration.--The Secretary of the Interior (acting through the \nDirector of the National Park Service) is authorized to provide a grant \nto the City of Philadelphia to undertake the restoration of the area \nknown as Washington Square, as depicted on the map numbered 391-80,016 \nand dated September 1994. Such grant may not be used to fund more than \n66.6 percent of the costs of such restoration. The grant shall be \nconditioned on the conduct of such restoration in accordance with such \nstandards as may be established by the Secretary in order to facilitate \nthe inclusion of the square in Independence National Historical Park \npursuant to section 2 of this Act. Such standards shall provide for the \nuse of the most cost-efficient design and materials that are both \nconsistent with the historical values of the square and suitable for \ninclusion in Independence National Historical Park. The grant shall \nalso be conditioned upon the entrance by the city into a memorandum of \nunderstanding with the Secretary with respect to the long-term lease \nand administration of the square.\n (b) Offset of Funding.--Any Federal funds, other than those \nauthorized to be appropriated under this Act, that are appropriated for \nthe purpose of restoring Washington Square (as depicted on the map \nreferred to in subsection (a)) shall be used to offset any funds made \navailable to the National Park Service pursuant to this Act.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated for the purposes of this section not more than $2,600,000 \nfor the fiscal year 1995.\n\nSEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK.\n\n Upon completion of the restoration, pursuant to section 1, of \nWashington Square (as depicted on the map referred to in section 1), \nthe Secretary of the Interior is authorized to enter into a lease \nagreement with the city of Philadelphia for the lease of such area to \nthe National Park Service for an amount not to exceed $1 per year, and \nto acquire such area or an interest in the area by donation, and the \nSecretary is authorized to modify the boundaries of Independence \nNational Historical Park to include such area within such boundaries, \nand to provide for the administration of such area as part of such \nPark.\n\nSEC. 3. ROLE OF CITY OF PHILADELPHIA.\n\n In accordance with the terms set forth in the Memorandum of \nUnderstanding signed by the Department of the Interior, the city of \nPhiladelphia, and the Fairmount Park Commission and dated November 25, \n1991, and as a condition of receiving the grant referred to in section \n1(a), the city of Philadelphia shall provide, without cost to the \nFederal Government, services for Washington Square (as depicted on the \nmap referred to in section 1) with respect to electricity, natural gas, \nwater and sewer, curbside garbage collection of bagged trash or receipt \nof hauled trash at a city collection point, and police services \ncomparable to those provided in the surrounding community.","summary":"Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year. (2) acquire such Square or an interest in it by donation, (3) modify the Park's boundaries to include the Square. And (4) provide for the administration of the Square as part of the Park. Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.","title":"To provide for the restoration of Washington Square in Philadelphia and for its inclusion within Independence National Historical Park, and for other purposes.","text_len":5768,"sum_len":1740} {"bill_id":"105_hr1054","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Tax Freedom Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) As a massive global network spanning not only State but \n international borders, the Internet is inherently a matter of \n interstate and foreign commerce within the jurisdiction of the \n United States Congress under Article I, Section 8 of the United \n States Constitution.\n (2) Even within the United States, the Internet does not \n respect State lines and operates independently of State \n boundaries. Addresses on the Internet are designed to be \n geographically indifferent. Internet transmissions are \n insensitive to physical distance and can have multiple \n geographical addresses.\n (3) Because transmissions over the Internet are made \n through packet-switching, it is impossible to determine with \n any degree of certainty the precise geographic route or \n endpoints of specific Internet transmissions, and infeasible to \n separate intrastate from interstate, and domestic from foreign, \n Internet transmissions.\n (4) Inconsistent and unadministrable taxes imposed on \n Internet activity by State and local governments threaten not \n only to subject consumers, businesses, and other users engaged \n in interstate and foreign commerce to multiple, confusing, and \n burdensome taxation, but also to restrict the growth and \n continued technological maturation of the Internet itself, and \n to call into question the continued viability of this dynamic \n medium.\n (5) Because the tax laws and regulations of so many \n jurisdictions were established before the Internet or \n interactive computer services, their application to this new \n medium in unintended and unpredictable ways threatens every \n Internet user, access provider, vendor, and interactive \n computer service provider.\n (6) The electronic marketplace of services, products, and \n ideas available through the Internet or interactive computer \n services can be especially beneficial to senior citizens, the \n physically challenged, citizens in rural areas, and small \n businesses. It also offers a variety of uses and benefits for \n educational institutions and charitable organizations.\n (7) Consumers, businesses, and others engaging in \n interstate and foreign commerce through the Internet or \n interactive computer services could become subject to more than \n 30,000 separate taxing jurisdictions in the United States \n alone.\n (8) The consistent and coherent national policy regarding \n taxation of Internet activity that is needed to avoid burdening \n this evolving form of interstate and foreign commerce can best \n be achieved by the United States exercising its authority under \n Article I, Section 8, Clause 3 of the United States \n Constitution.\n\nSEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE \n COMPUTER SERVICES.\n\n (a) Moratorium.--Except as otherwise provided in this section, no \nState or local government (including any political subdivision) may \nimpose, assess, or attempt to collect any tax or fee directly or \nindirectly on--\n (1) the Internet or interactive computer services; or\n (2) the use of the Internet or interactive computer \n services.\n (b) Preservation of State and Local Taxing Authority.--Subsection \n(a)--\n (1) does not apply to taxes imposed on and measured by net \n income derived from the Internet or interactive computer \n services;\n (2) does not apply to fairly apportioned business license \n taxes applied to businesses that have a business location in \n the taxing jurisdiction, and\n (3) does not affect the authority of a State, or political \n subdivision thereof, to impose a sales or use tax on sales or \n other transactions effected by use of the Internet or \n interactive computer services if--\n (A) the tax is the same as the tax imposed and \n collected by that State, or political subdivision \n thereof, on sales or interstate transactions effected \n by mail order, telephone, or other remote means within \n its taxing jurisdiction; and\n (B) the obligation to collect the tax from sales or \n other transactions effected by use of the Internet or \n interactive computer services is imposed on the same \n person or entity as in the case of sales or \n transactions effected by mail order, telephone, or \n other remote means.\n\nSEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS.\n\n (a) Consultative Group.--The Secretaries of the Treasury, Commerce, \nor State, in consultation with appropriate committees of the Congress, \nconsumer and business groups, States and political subdivisions \nthereof, and other appropriate groups, shall--\n (1) undertake an examination of United States domestic and \n international taxation of the Internet and interactive computer \n services, as well as commerce conducted thereon; and\n (2) jointly submit appropriate policy recommendations \n concerning United States domestic and foreign policies toward \n taxation of the Internet and interactive computer services, if \n any, to the President within 18 months after the date of \n enactment of this Act.\n (b) President.--Not later than 2 years after the date of enactment \nof this Act, the President shall transmit to the appropriate committees \nof Congress policy recommendations on the taxation of sales and other \ntransactions effected on the Internet or through interactive computer \nservices.\n (c) Recommendations to Be Consistent With Telecommunications Act \nof 1996 Policy Statement.--The Secretaries and the President shall take \ncare to ensure that any such policy recommendations are fully \nconsistent with the policy set forth in paragraphs (1) and (2) of \nsection 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)).\n\nSEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL \n COMMUNICATIONS COMMISSION.\n\n (a) Prohibition on Commission Regulation of Computer Services.--\nSection 230 of the Communications Act of 1934 (47 U.S.C. 230) is \namended--\n (1) by redesignating subsections (d) and (e) as subsections \n (e) and (f), respectively; and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d) Prohibition on Commission Regulation of Computer Services.--\nThe Commission shall have no authority or jurisdiction under this Act, \nnor shall any State commission have any authority or jurisdiction, to \nregulate the prices or charges paid by subscribers for interactive \ncomputer services, or information services transmitted through the \nInternet, except for the requirement in section 254(h) that such \nservices be provided at affordable rates to rural health care \nproviders, schools, and libraries.''.\n (b) Conforming Amendment.--Section 223(h)(2) of the Communications \nAct of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)'' \nand inserting ``230(f)(2)''.\n\nSEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE \n BARRIERS, AND OTHER RESTRICTIONS.\n\n It is the sense of the Congress that the President should seek \nbilateral and multilateral agreements through the World Trade \nOrganization, the Organization for Economic Cooperation and \nDevelopment, the Asia Pacific Economic Cooperation Council, or other \nappropriate international fora to establish activity on the Internet \nand interactive computer services is free from tariff and taxation.\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act--\n (1) Internet; interactive computer service.--The terms \n ``Internet'' and ``interactive computer service'' have the \n meaning given such terms by paragraphs (1) and (2), \n respectively, of section 230(e) of the Communications Act of \n 1934 (47 U.S.C. 230(e)).\n (2) Tax.--The term ``tax'' includes any tax, license, or \n fee that is imposed by any governmental entity and the \n imposition on the seller of an obligation to collect and remit \n a tax imposed on the buyer.","summary":"Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of US and international taxation of the Internet and ICs, as well as commerce conducted thereon. And (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.","title":"Internet Tax Freedom Act","text_len":8713,"sum_len":1536} {"bill_id":"115_s392","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``400 Years of African-American \nHistory Commission Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Commemoration.--The term ``commemoration'' means the \n commemoration of the 400th anniversary of the arrival of \n Africans in the English colonies, at Point Comfort, Virginia, \n in 1619.\n (2) Commission.--The term ``Commission'' means the 400 \n Years of African-American History Commission established by \n section 3(a).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. ESTABLISHMENT.\n\n (a) In General.--There is established a commission, to be known as \nthe ``400 Years of African-American History Commission''.\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 15 \n members, of whom--\n (A) 3 members shall be appointed by the Secretary, \n after considering the recommendations of Governors of \n States, including the Governor of Virginia;\n (B) 6 members shall be appointed by the Secretary, \n after considering the recommendations of civil rights \n organizations and historical organizations;\n (C) 1 member shall be an employee of the National \n Park Service having experience relating to the \n historical and cultural resources related to the \n commemoration, to be appointed by the Secretary;\n (D) 2 members shall be appointed by the Secretary, \n after considering the recommendations of the Secretary \n of the Smithsonian Institution; and\n (E) 3 members shall be individuals who have an \n interest in, support for, and expertise appropriate to \n the commemoration, to be appointed by the Secretary, \n after considering the recommendations of Members of \n Congress.\n (2) Time of appointment.--Each appointment of an initial \n member of the Commission shall be made before the expiration of \n the 120-day period beginning on the date of enactment of this \n Act.\n (3) Term; vacancies.--\n (A) Term.--A member of the Commission shall be \n appointed for the life of the Commission.\n (B) Vacancies.--\n (i) In general.--A vacancy on the \n Commission shall be filled in the same manner \n in which the original appointment was made.\n (ii) Partial term.--A member appointed to \n fill a vacancy on the Commission shall serve \n for the remainder of the term for which the \n predecessor of the member was appointed.\n (C) Continuation of membership.--If a member of the \n Commission was appointed to the Commission as an \n employee of the National Park Service, and ceases to be \n an employee of the National Park Service, that member \n may continue to serve on the Commission for not longer \n than the 30-day period beginning on the date on which \n that member ceases to be an employee of the National \n Park Service.\n (c) Duties.--The Commission shall--\n (1) plan, develop, and carry out programs and activities \n throughout the United States--\n (A) appropriate for the commemoration;\n (B) to recognize and highlight the resilience and \n contributions of African-Americans since 1619;\n (C) to acknowledge the impact that slavery and laws \n that enforced racial discrimination had on the United \n States; and\n (D) to educate the public about--\n (i) the arrival of Africans in the United \n States; and\n (ii) the contributions of African-Americans \n to the United States;\n (2) encourage civic, patriotic, historical, educational, \n artistic, religious, economic, and other organizations \n throughout the United States to organize and participate in \n anniversary activities to expand understanding and appreciation \n of--\n (A) the significance of the arrival of Africans in \n the United States; and\n (B) the contributions of African-Americans to the \n United States;\n (3) provide technical assistance to States, localities, and \n nonprofit organizations to further the commemoration;\n (4) coordinate and facilitate for the public scholarly \n research on, publication about, and interpretation of--\n (A) the arrival of Africans in the United States; \n and\n (B) the contributions of African-Americans to the \n United States;\n (5) ensure that the commemoration provides a lasting legacy \n and long-term public benefit by assisting in the development of \n appropriate programs; and\n (6) help ensure that the observances of the commemoration \n are inclusive and appropriately recognize the experiences and \n heritage of all individuals present at the arrival of Africans \n in the United States.\n\nSEC. 4. COMMISSION MEETINGS.\n\n (a) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Commission have been appointed, the Commission \nshall hold the initial meeting of the Commission.\n (b) Meetings.--The Commission shall meet--\n (1) at least 3 times each year; or\n (2) at the call of the Chairperson or the majority of the \n members of the Commission.\n (c) Quorum.--A majority of the voting members shall constitute a \nquorum, but a lesser number may hold meetings.\n (d) Chairperson and Vice Chairperson.--\n (1) Election.--The Commission shall elect the Chairperson \n and the Vice Chairperson of the Commission on an annual basis.\n (2) Absence of the chairperson.--The Vice Chairperson shall \n serve as the Chairperson in the absence of the Chairperson.\n (e) Voting.--The Commission shall act only on an affirmative vote \nof a majority of the members of the Commission.\n\nSEC. 5. COMMISSION POWERS.\n\n (a) Gifts.--The Commission may solicit, accept, use, and dispose of \ngifts, bequests, or devises of money or other property for aiding or \nfacilitating the work of the Commission.\n (b) Appointment of Advisory Committees.--The Commission may appoint \nsuch advisory committees as the Commission determines to be necessary \nto carry out this Act.\n (c) Authorization of Action.--The Commission may authorize any \nmember or employee of the Commission to take any action that the \nCommission is authorized to take under this Act.\n (d) Procurement.--\n (1) In general.--The Commission may procure supplies, \n services, and property, and make or enter into contracts, \n leases, or other legal agreements, to carry out this Act \n (except that a contract, lease, or other legal agreement made \n or entered into by the Commission shall not extend beyond the \n date of termination of the Commission).\n (2) Limitation.--The Commission may not purchase real \n property.\n (e) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \nagencies of the Federal Government.\n (f) Grants and Technical Assistance.--The Commission may--\n (1) provide grants in amounts not to exceed $20,000 per \n grant to communities and nonprofit organizations for use in \n developing programs to assist in the commemoration;\n (2) provide grants to research and scholarly organizations \n to research, publish, or distribute information relating to the \n arrival of Africans in the United States; and\n (3) provide technical assistance to States, localities, and \n nonprofit organizations to further the commemoration.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--\n (1) In general.--Except as provided in paragraph (2), a \n member of the Commission shall serve without compensation.\n (2) Federal employees.--A member of the Commission who is \n an officer or employee of the Federal Government shall serve \n without compensation other than the compensation received for \n the services of the member as an officer or employee of the \n Federal Government.\n (b) Travel Expenses.--A member of the Commission shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for an employee of an agency under subchapter I of chapter \n57 of title 5, United States Code, while away from the home or regular \nplace of business of the member in the performance of the duties of the \nCommission.\n (c) Director and Staff.--\n (1) In general.--The Chairperson of the Commission may, \n without regard to the civil service laws (including \n regulations), nominate an executive director to enable the \n Commission to perform the duties of the Commission.\n (2) Confirmation of executive director.--The employment of \n an executive director shall be subject to confirmation by the \n Commission.\n (d) Compensation.--\n (1) In general.--Except as provided in paragraph (2), the \n Commission may fix the compensation of the executive director \n and other personnel without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of title 5, United States \n Code, relating to classification of positions and General \n Schedule pay rates.\n (2) Maximum rate of pay.--The rate of pay for the executive \n director and other personnel shall not exceed the rate payable \n for level V of the Executive Schedule under section 5316 of \n title 5, United States Code.\n (e) Detail of Government Employees.--\n (1) Federal employees.--\n (A) Detail.--At the request of the Commission, the \n head of any Federal agency may detail, on a \n reimbursable or nonreimbursable basis, any of the \n personnel of the agency to the Commission to assist the \n Commission in carrying out the duties of the Commission \n under this Act.\n (B) Civil service status.--The detail of an \n employee under subparagraph (A) shall be without \n interruption or loss of civil service status or \n privilege.\n (2) State employees.--The Commission may--\n (A) accept the services of personnel detailed from \n the State; and\n (B) reimburse the State for services of detailed \n personnel.\n (f) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices in accordance with section 3109(b) of title 5, United States \nCode, at rates for individuals that do not exceed the daily equivalent \nof the annual rate of basic pay prescribed for level V of the Executive \nSchedule under section 5316 of such title.\n (g) Volunteer and Uncompensated Services.--Notwithstanding section \n1342 of title 31, United States Code, the Commission may accept and use \nsuch voluntary and uncompensated services as the Commission determines \nto be necessary.\n (h) Support Services.--\n (1) In general.--The Secretary shall provide to the \n Commission, on a reimbursable basis, such administrative \n support services as the Commission may request.\n (2) Reimbursement.--Any reimbursement under this paragraph \n shall be credited to the appropriation, fund, or account used \n for paying the amounts reimbursed.\n (i) No Effect on Authority.--Nothing in this section supersedes the \nauthority of the National Park Service with respect to the \ncommemoration.\n\nSEC. 7. PLANS; REPORTS.\n\n (a) Strategic Plan.--The Commission shall prepare a strategic plan \nfor the activities of the Commission carried out under this Act.\n (b) Final Report.--Not later than July 1, 2020, the Commission \nshall complete and submit to Congress a final report that contains--\n (1) a summary of the activities of the Commission;\n (2) a final accounting of funds received and expended by \n the Commission; and\n (3) the findings and recommendations of the Commission.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to the \nCommission such sums as are necessary to carry out this Act.\n (b) Availability.--Amounts made available under subsection (a) \nshall remain available until July 1, 2020.\n\nSEC. 9. TERMINATION OF COMMISSION.\n\n (a) Date of Termination.--The Commission shall terminate on July 1, \n2020.\n (b) Transfer of Documents and Materials.--Before the date of \ntermination specified in subsection (a), the Commission shall transfer \nall documents and materials of the Commission to the National Archives \nor another appropriate Federal entity.\n ","summary":"Years of African-American History Commission Act This bill establishes the 400 Years of African-American History Commission to develop and carry out activities throughout the United States to commemorate the 400th anniversary of the arrival of Africans in the English colonies at Point Comfort, Virginia, in 1619. The commission must: plan programs to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States. Encourage civic, patriotic, historical, educational, artistic, religious, and economic organizations to organize and participate in anniversary activities, assist states, localities, and nonprofit organizations to further the commemoration. And coordinate for the public scholarly research on the arrival of Africans in the United States and their contributions to this country. The commission may provide: (1) grants to communities and nonprofit organizations for the development of programs. (2) grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States. And (3) technical assistance to states, localities, and nonprofit organizations to further the commemoration. The commission must prepare a strategic plan and submit a final report to Congress that contains a summary of its activities, an accounting of its received and expended funds, and its recommendations. The commission shall terminate on July 1, 2020.","title":"400 Years of African-American History Commission Act","text_len":14380,"sum_len":1468} {"bill_id":"105_s2289","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Grand Jury Reform Act of 1998''.\n\nSEC. 2. GRAND JURIES.\n\n (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure \nis amended--\n (1) in subdivision (a), by adding at the end the following:\n ``(3) Instruction on rights, responsibilities, and \n duties.--Upon impaneling a grand jury, the court shall instruct \n and charge the grand jury on the rights, responsibilities, and \n duties of the grand jury under this rule, including--\n ``(A) the duty to inquire into criminal offenses \n that are alleged to have been committed within the \n jurisdiction;\n ``(B) the right to call and interrogate witnesses;\n ``(C) the right to request production of a book, \n paper, document, or other object, including exculpatory \n evidence;\n ``(D) the necessity of finding credible evidence of \n each material element of the crime charged before \n returning a true bill;\n ``(E) the right to request that the attorney for \n the government draft indictments for charges other than \n those originally requested by that attorney;\n ``(F) the obligation of secrecy under subdivision \n (e)(2); and\n ``(G) such other rights, responsibilities, and \n duties as the court determines to be appropriate.'';\n (2) in subdivision (d), by inserting ``and counsel for that \n witness (as provided in subdivision (i))'' after ``under \n examination'';\n (3) in subdivision (e)(2), by adding at the end the \n following: ``The court shall have the authority to investigate \n any violation of this paragraph, including the authority to \n appoint counsel to investigate and report to the court \n regarding any such violation.''; and\n (4) by adding at the end the following:\n ``(h) Notice to Witnesses.--Upon service of any subpoena requiring \nany witness to testify or produce information at any proceeding before \na grand jury impaneled before a district court, the witness shall be \ngiven adequate and reasonable notice of--\n ``(1) his or her right to counsel, as provided in \n subdivision (i);\n ``(2) his or her privilege against self-incrimination;\n ``(3) the subject matter of the grand jury investigation;\n ``(4) whether his or her own conduct is under investigation \n by the grand jury;\n ``(5) the criminal statute, the violation of which is under \n consideration by the grand jury, if such statute is known at \n the time of issuance of the subpoena;\n ``(6) his or her rights regarding immunity; and\n ``(7) any other rights and privileges which the court deems \n necessary or appropriate.\n ``(i) Counsel for Grand Jury Witnesses.--\n ``(1) In general.--\n ``(A) Right of assistance.--Each witness subpoenaed \n to appear and testify before a grand jury in a district \n court, or to produce books, papers, documents, or other \n objects before that grand jury, shall be allowed the \n assistance of counsel during such time as the witness \n is questioned in the grand jury room.\n ``(B) Retention or appointment.--Counsel for a \n witness described in subparagraph (A)--\n ``(i) may be retained by the witness; or\n ``(ii) in the case of a witness who is \n determined by the court to be financially \n unable to obtain counsel, shall be appointed as \n provided in section 3006A of title 18, United \n States Code.\n ``(2) Powers and duties of counsel.--A counsel retained by \n or appointed for a witness under paragraph (1)--\n ``(A) shall be allowed to be present in the grand \n jury room only during the questioning of the witness \n and only to advise the witness; and\n ``(B) shall not be permitted to address any grand \n juror, or otherwise participate in the proceedings \n before the grand jury.\n ``(3) Powers of the court.--\n ``(A) In general.--If the court determines that \n counsel retained by or appointed for a witness under \n this subdivision has violated paragraph (2), or that \n such action is necessary to ensure that the activities \n of the grand jury are not unduly delayed or impeded, \n the court may remove the counsel and either appoint new \n counsel or order the witness to obtain new counsel.\n ``(B) No effect on other sanctions.--Nothing in \n this paragraph shall be construed to affect the \n contempt powers of the court or the power of the court \n to impose other appropriate sanctions.\n ``(j) Exculpatory Evidence.--An attorney for the government shall \ndisclose to the grand jury any substantial evidence of which that \nattorney has knowledge that directly negates the guilt of the accused. \nFailure to disclose such evidence may be the basis for a motion to \ndismiss the indictment, if the court determines that the evidence might \nreasonably be expected to lead the grand jury not to indict.\n ``(k) Availability of Grand Jury Transcripts and Other \nStatements.--\n ``(1) In general.--Subject to paragraph (2), not later than \n 10 days before trial (unless the court shall for good cause \n determine otherwise), and after the return of an indictment or \n the filing of any information, a defendant shall, upon request, \n and as the court determines to be reasonable, be entitled to \n examine and duplicate a transcript or electronic recording of--\n ``(A) the grand jury testimony of all witnesses to \n be called at trial;\n ``(B) all statements relating to the defendant's \n case made to the grand jury by the court, the attorney \n for the government, or a special attorney;\n ``(C) all grand jury testimony or evidence which in \n any manner could be considered exculpatory; and\n ``(D) all other grand jury testimony or evidence \n that is determined by the court to be material to the \n defense.\n ``(2) Exception.--The court may refuse to allow a defendant \n to examine and duplicate a transcript or electronic recording \n of any testimony, statement, or evidence described in paragraph \n (1), if the court determines that such examination or \n duplication would endanger any witness.''.\n (b) Conforming Amendments.--Section 3500(e) of title 18, United \nStates Code, is amended--\n (1) in paragraph (1), by adding ``or'' at the end;\n (2) in paragraph (2), by striking ``, or'' and inserting a \n period; and\n (3) by striking paragraph (3).","summary":"Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury. Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of: (1) the right to counsel, (2) privilege against self-incrimination, (3) the subject matter of the investigation, (4) whether the juror's conduct is under investigation. (5) the criminal statute the violation of which is under consideration. And (6) rights regarding immunity. Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room. Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements.","title":"Grand Jury Reform Act of 1998","text_len":7483,"sum_len":1422} {"bill_id":"106_hr4427","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Banking Equal Treatment Act of \n2000''.\n\nSEC. 2. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.\n\n (a) In General.--Section 19(b) of the Federal Reserve Act (12 \nU.S.C. 461(b)) is amended by adding at the end the following new \nparagraph:\n ``(12) Earnings on reserves.--\n ``(A) In general.--Balances maintained at a Federal \n reserve bank by or on behalf of a qualified depository \n institution may receive earnings to be paid by the \n Federal reserve bank at least once each calendar \n quarter at a rate or rates not to exceed the general \n level of short-term interest rates.\n ``(B) Regulations relating to payments and \n distribution.--The Board may prescribe regulations \n concerning--\n ``(i) the payment of earnings in accordance \n with this paragraph;\n ``(ii) the distribution of such earnings to \n the depository institutions which maintain \n balances at such banks or on whose behalf such \n balances are maintained; and\n ``(iii) the responsibilities of depository \n institutions, Federal home loan banks, and the \n National Credit Union Administration Central \n Liquidity Facility with respect to the \n crediting and distribution of earnings \n attributable to balances maintained, in \n accordance with subsection (c)(1)(B), in a \n Federal reserve bank by any such entity on \n behalf of depository institutions.\n ``(C) Qualified depository institution defined.--\n The term `qualified depository institution' means--\n ``(i) any depository institution that--\n ``(I) is an insured depository \n institution (as defined in section 3(c) \n of the Federal Deposit Insurance Act) \n or an insured credit union (as defined \n in section 101(7) of the Federal Credit \n Union Act); and\n ``(II) meets the requirements for \n affordable transaction accounts in \n section 4 of the Banking Equal \n Treatment Act of 2000; and\n ``(ii) any depository institution that is \n neither an insured depository institution (as \n so defined) or an insured credit union (as so \n defined).''.\n (b) Authorization for Pass Through Reserves for Member Banks.--\nSection 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) \nis amended by striking ``which is not a member bank''.\n (c) Technical and Conforming Amendments.--Section 19 of the Federal \nReserve Act (12 U.S.C. 461) is amended--\n (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking \n subparagraph (C) and redesignating subparagraphs (D) and (E) as \n subparagraphs (C) and (D), respectively; and\n (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by \n striking ``subsection (b)(4)(C)'' and inserting ``subsection \n (b)''.\n\nSEC. 3. TRANSFER OF FEDERAL RESERVE SURPLUSES.\n\n Section 7(b) of the Federal Reserve Act (12 U.S.C. 290) is amended \nby adding at the end the following new paragraph:\n ``(4) Additional transfers for fiscal years 2001 through \n 2005.--\n ``(A) In general.--In addition to the amounts \n required to be transferred from the surplus funds of \n the Federal reserve banks pursuant to paragraph (1), \n the Federal reserve banks shall transfer from such \n surplus funds to the Board of Governors of the Federal \n Reserve System for transfer to the Secretary of the \n Treasury for deposit in the general fund of the \n Treasury, such sums as are necessary to equal the net \n cost of section 19(b)(12), as estimated by the Office \n of Management and Budget in each of the fiscal years \n 2001 through 2005.\n ``(B) Allocation by federal reserve board.--Of the \n total amount required to be paid by the Federal reserve \n banks under subparagraph (A) for fiscal years 2001 \n through 2005, the Board of Governors of the Federal \n Reserve System shall determine the amount each such \n bank shall pay in such fiscal year.\n ``(C) Replenishment of surplus fund prohibited.--No \n Federal reserve bank may replenish such bank's surplus \n fund by the amount of any transfer by such bank under \n subparagraph (A) during the fiscal year for which such \n transfer is made.''.\n\nSEC. 4. AFFORDABLE BANKING SERVICES.\n\n (a) In General.--Except as otherwise provided in this section, each \ninsured depository institution shall make available to consumers a \nconsumer transaction account, to be known as an ``affordable \ntransaction account'', with the following features to be prescribed \njointly by the Federal banking agencies, by regulation:\n (1) Initial deposit.--The maximum amount which an insured \n depository institution may require as an initial deposit, if \n any.\n (2) Minimum balance.--The maximum amount an insured \n depository institution may require as a minimum balance, if \n any, to maintain such account.\n (3) Minimum number of free withdrawals.--A minimum of 8 \n withdrawal transactions, including withdrawals by negotiable or \n transferable instruments for the purpose of making payments to \n third parties and electronic fund transfers, during any \n periodic cycle at no additional charge to the account holder.\n (4) Maximum monthly service charge.--The maximum amount an \n insured depository institution may charge per periodic cycle \n for the use of such account.\n (b) Fees for Withdrawal Transactions in Excess of Minimum Number of \nFree Withdrawals.--\n (1) In general.--Subject to paragraph (2), in the case of \n any affordable transaction account--\n (A) an insured depository institution may impose a \n reasonable per-transaction charge for any withdrawal \n transaction described in subsection (a)(3) other than a \n transaction required under such subsection to be \n provided free; or\n (B) the depository institution may impose the fees \n and charges normally applied to other consumer \n transaction accounts available at that depository \n institution.\n (2) Limitations.--\n (A) Periodic cycle fee adjustment.--The amount of \n any charge per periodic cycle imposed by an insured \n depository institution on any affordable transaction \n account pursuant to paragraph(1)(B) shall be reduced by \n the charge imposed under subsection (a)(4).\n (B) Maximum amount.--At no time shall the total \n amount of fees and charges imposed by an insured \n depository institution on any affordable transaction \n account exceed the total amount of fees and charges \n that is normally applied to other consumer transaction \n accounts available at the depository institution.\n (c) Conditions for Opening any Affordable Transaction Account.--An \ninsured depository institution may require as a condition for opening \nor maintaining any affordable transaction account that--\n (1) the holder of the account be a resident of the State in \n which the account is opened or maintained; and\n (2) the deposits to the account of recurring payments such \n as Social Security, wage, or pension payments be made by direct \n deposit if that form of deposit is available to both the \n consumer and the depository institution.\n (d) Other Terms and Conditions.--\n (1) In general.--Except as provided in this section and any \n regulations prescribed under this section, any affordable \n transaction account may be offered by an insured depository \n institution subject to the same rules, conditions, and terms \n normally applicable to other consumer transaction accounts \n offered by the depository institution.\n (2) Prohibition on discrimination against affordable \n transaction account holders in providing other services.--The \n amount of any fee or charge imposed on a holder of any \n affordable transaction account by an insured depository \n institution for specific services provided to such account \n holder which are not directly related to the maintenance of \n such account may not exceed the fee or charge imposed by the \n depository institution for providing the same services in \n connection with other consumer transaction accounts offered by \n the depository institution.\n (e) Affordable Transaction Accounts Not Required for Individuals \nWho Maintain Other Transaction Accounts.--An insured depository \ninstitution shall not be required to permit any person to open or \nmaintain an affordable transaction account pursuant to this section if \nsuch person maintains another consumer transaction account either at \nthat depository institution or any other insured depository \ninstitution.\n (f) Alternative Arrangements.--In lieu of the affordable \ntransaction account required by this section, an insured depository \ninstitution may make available an alternative form of account or other \nbanking services if the appropriate Federal banking agency determines \nthat such alternative form of account or services are at least as \nadvantageous to consumers as the affordable transaction account.\n (g) Disclosure Requirements.--.\n (1) Posted notices.--If an insured depository institution \n posts in the public area of any office of the institution a \n notice of the availability of other consumer transaction \n accounts, the depository institution shall also post equally \n conspicuous notice in such public area and in the same manner \nthe availability of its affordable transaction accounts.\n (2) Printed material.--If an insured depository institution \n makes available in the public area of any office of the \n institution printed material describing the terms of its other \n consumer transaction accounts, the depository institution shall \n also make comparable descriptive printed material concerning \n the affordable transaction accounts available in the same such \n area and in the same manner.\n (h) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Consumer transaction account.--For purposes of this \n section, the term ``consumer transaction account'' means a \n demand deposit account, negotiable order of withdrawal account, \n share draft account, or any similar transaction account used \n primarily for personal, family or household purposes.\n (2) Depository institution.--The term ``depository \n institution'' has the same meaning as in section 19(b)(1)(A) of \n the Federal Reserve Act.\n (3) Federal banking agency.--The term ``Federal banking \n agency''--\n (A) has the same meaning as in section 3(z) of the \n Federal Deposit Insurance Act; and\n (B) includes the National Credit Union \n Administration Board.\n (4) Insured depository institution.--The term ``insured \n depository institution''--\n (A) has the same meaning as in section 3(c)(2) of \n the Federal Deposit Insurance Act; and\n (B) includes an insured credit union (as defined in \n section 101(7) of the Federal Credit Union Act.\n (i) Compliance With More Stringent State Law.--If a depository \ninstitution operates in a State the laws of which, including \nregulations, require a depository institution operating in such State \nto meet requirements for affordable transaction accounts which are more \nadvantageous to the consumer than the requirements of this section or \nthe regulations prescribed under this section, such depository \ninstitution may not be treated as a qualified depository institution \nfor purposes of section 19(b)(12) of the Federal Reserve Act, unless \nsuch depository institution meets the requirements of this section and \nthe requirements of such State law.\n (j) Rule of Construction.--No provision of this section, title LXII \nof the Revised Statutes of the United States, the Home Owners' Loan \nAct, the Bank Enterprise Act of 1991, or any other Federal law may be \nconstrued as preempting, or providing any basis for the Comptroller of \nthe Currency or the Director of the Office of Thrift Supervision to \nconclude that Federal law in any way preempts, the law of any State \nwhich requires depository institution operating in that State to \nprovide affordable transaction accounts, including the Omnibus Consumer \nProtection and Banking Deregulation Act of 1994 of the State of New \nYork and the New Jersey Consumer Checking Account Act (as in effect on \nthe the date of the enactment of this Act).","summary":"Requires the Federal reserve banks to transfer specified surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury for FY 2001 through 2005. Prohibits replenishment of the surplus fund during the fiscal year for which such transfer is made. Mandates that each insured depository institution make available to consumers a consumer transaction account to be known as an affordable transaction account. Sets forth operational parameters to be prescribed by the Board.","title":"Banking Equal Treatment Act of 2000","text_len":14244,"sum_len":527} {"bill_id":"108_s1820","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Continuity of Congress Act of \n2003''.\n\nSEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CONGRESS FOLLOWING A \n CATASTROPHIC INCIDENT.\n\n (a) House of Representatives.--\n (1) In general.--In the event that one-fourth of the \n members of the House of Representatives are killed or \n incapacitated, the legislature of each State may enact such \n laws declaring who shall serve in the place of such members as \n the State determines necessary.\n (2) Options.--Any law enacted under paragraph (1) by the \n legislature of a State may provide for--\n (A) special elections in cases of vacancy;\n (B) appointment by the governor or legislature of \n the State, which in cases of vacancy shall be \n accompanied by a subsequent special election;\n (C) appointment pursuant to a list of successors \n created by the incumbent member of the House of \n Representatives, which in cases of vacancy shall be \n accompanied by a subsequent special election; or\n (D) such other procedures as the legislature of the \n State determines appropriate, which in cases of vacancy \n shall be accompanied by a subsequent special election.\n (3) Incapacity.--A member that has been incapacitated may \n reclaim his or her office at any time after such member \n determines that he or she is no longer incapacitated.\n (4) Vacancy.--In the case of vacancy under paragraph (1), \n the executive authority of the relevant State shall issue writs \n of election, which shall be held not later than 120 days after \n any such vacancy occurs. A general election occurring within \n such 120 day period shall be deemed to satisfy the requirements \n of this section.\n (5) Determination.--One-fourth of the members of the House \n of Representatives shall be considered to have been killed or \n incapacitated if--\n (A) the Speaker of the House (or that person's \n designee) makes a joint declaration with the leader of \n the minority party in the House (or that person's \n designee) that one-fourth of such members have been \n killed or incapacitated; or\n (B) if--\n (i) the governors of the several States \n individually certify that one or more of the \n members representing their respective States \n have been killed or incapacitated; and\n (ii) the President certifies, based upon \n the certifications made under clause (i), that, \n in the aggregate, one-fourth of the members of \n the House of Representatives have been killed \n or incapacitated.\n (b) Senate.--\n (1) In general.--In the event that one-fourth of the \n members of the Senate are killed or incapacitated, the \n legislature of each State may enact such laws declaring who \n shall serve in the place of incapacitated members as the State \n determines necessary.\n (2) Options.--Any law enacted under paragraph (1) by the \n legislature of a State may provide for--\n (A) appointment by the governor or legislature of \n the State;\n (B) appointment pursuant to a list of successors \n created by the incumbent member of the Senate; or\n (C) such other procedures as the legislature of the \n State determines appropriate.\n (3) Incapacity.--A member that has been incapacitated may \n reclaim his or her office at any time after such member \n determines that he or she is no longer incapacitated.\n (4) Determination.--One-fourth of the members of the Senate \n shall be considered to have been killed or incapacitated if--\n (A) the Majority Leader of the Senate (or that \n person's designee) makes a joint declaration with the \n Minority Leader of the Senate (or that person's \n designee) that one-fourth of such members have been \n killed or incapacitated; or\n (B) if--\n (i) the governors of the several States \n individually certify that one or more of the \n members representing their respective States \n have been killed or incapacitated; and\n (ii) the President certifies, based upon \n the certifications made under clause (i), that, \n in the aggregate, one-fourth of the members of \n the Senate have been killed or incapacitated.\n\nSEC. 3. LIMITATION.\n\n Nothing in this Act shall limit the authority of any State under \nthe Constitution of the United States to fill a vacancy in the House of \nRepresentatives or the Senate.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act shall take effect upon the date of ratification of the \nrelated amendment to the Constitution of the United States authorizing \nthis Act.","summary":"Continuity of Congress Act of 2003 - Authorizes the legislature of each State to enact laws declaring who shall serve in the place of members of the House of Representatives andor the Senate in the event that one-fourth of either or both Houses of Congress are killed or incapacitated.","title":"A bill to authorize the States to implement such mechanisms as are necessary to endure the continuity of Congress in the event that one-fourth of the members of either the House of Representatives or the Senate are killed or incapacitated.","text_len":5527,"sum_len":285} {"bill_id":"105_hr3311","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Expanding \nInternational Education for All Act''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nHigher Education Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE \n PROGRAMS.\n\n (a) Incentives for Program Creation.--Section 604(a) (20 U.S.C. \n1124(a)) is amended to read as follows:\n ``(a) Incentives for the Creation of Undergraduate International \nStudies and Foreign Language Programs.--\n ``(1) Authority.--The Secretary is authorized to make \n grants to baccalaureate degree granting institutions, community \n and junior colleges of higher education, or consortia of such \n institutions (which may include graduate schools as part of a \n consortia that serves undergraduates), to pay the Federal share \n of the cost of planning and establishing a foreign language \n program, an international studies program, or a business and \n international education program at the undergraduate level.\n ``(2) Use of funds.--Funds appropriated for the purpose of \n carrying out this part may be used in conjunction with \n institutional resources and private sector funds, as required \n by paragraph (3), for--\n ``(A) planning for the development and expansion of \n undergraduate programs in international studies;\n ``(B) teaching, research, curriculum planning and \n development, and other related activities;\n ``(C) training of faculty members in foreign \n countries;\n ``(D) acquisition of research and instructional \n materials;\n ``(E) establishing and maintaining a network with \n other institutions of higher education and resource \n centers focused on strengthening foreign language study \n and international studies programs;\n ``(F) expansion of existing and development of new \n opportunities for learning foreign languages, including \n the less commonly taught languages;\n ``(G) international education programs designed to \n develop or enhance linkages between 2- to 4-year \n institutions of higher education, or baccalaureate and \n postbaccalaureate programs or institutions;\n ``(H) the development or expansion of undergraduate \n study abroad in which study abroad opportunities are \n not otherwise available or which serve students for \n whom such opportunities are not otherwise available and \n which provide courses that are closely related to on-\n campus foreign language and international studies \n curricula;\n ``(I) in-service and faculty development activities \n designed to strengthen instruction and research \n capacity of the institution;\n ``(J) faculty travel in foreign areas, regions, and \n countries; and\n ``(K) the integration of new study abroad \n opportunities for undergraduate students into curricula \n of specific degree programs.\n ``(3) Non-federal share.--The non-Federal share of the cost \n of the programs assisted under this subsection may be provided \n in cash in an amount equal to one-third of the total requested \n grant amount, or may be provided as an in-cash or in-kind \n contribution equal in value to one-half of the total requested \n grant amount. Such contribution may be composed of both \n institutional and noninstitutional funds, including State and \nprivate sector corporation or foundation contributions.\n ``(4) Grant conditions.--Grants under this subsection shall \n be made on such conditions as the Secretary determines are \n necessary to carry out the objectives of this part. The \n conditions shall include--\n ``(A) evidence that the institution of higher \n education, or consortium of such institutions, has \n conducted extensive planning prior to submitting its \n application for a grant under this subsection \n concerning the steps taken by each institution with \n respect to planning for the establishment of a foreign \n language, international studies program or \n international business program, and with respect to the \n design of its program in accordance with paragraph (2);\n ``(B) assurance that the faculty and staff of all \n relevant departments and programs within the \n institution are involved in ongoing collaboration with \n regard to achieving the stated objectives of the \n application, including business and management, related \n foreign language, international studies, international \n affairs careers, and other professional schools or \n departments as appropriate;\n ``(C) assurance that students at the applicant \n institution, and all consortium institutions, as \n appropriate, will have access to the programs of and \n derive benefits from the planned program as it is \n developed; and\n ``(D) assurance that each institution of higher \n education will use the Federal assistance provided \n under this subsection to supplement and not supplant \n institutional funds and activities provided by the \n institution prior to the receipt of Federal funds.''.\n (b) Support for International Education.--Section 609 (20 U.S.C. \n1126) is amended by striking subsection (c) and inserting the \nfollowing:\n ``(c) Support for Undergraduate Education.--Notwithstanding any \nother provision of this title, the Secretary is authorized in each \nfiscal year to reserve for section 604 not more than 10 percent of the \ntotal amount appropriated for this title in that fiscal year.''.\n (c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is \namended to read as follows:\n\n``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN \n INFORMATION ACCESS.\n\n ``(a) Authority.--The Secretary is authorized to make grants to \ninstitutions of higher education, public or nonprofit private library \ninstitutions, or consortia of such institutions, to develop innovative \ntechniques or programs using new electronic technologies to collect, \norganize, preserve, and widely disseminate information on world regions \nand countries other than the United States that address the Nation's \nteaching and research needs in international education and foreign \nlanguages.\n ``(b) Authorized Activities.--Grants under this section may be used \nto--\n ``(1) facilitate access to preserve foreign information \n resources in print or electronic forms;\n ``(2) develop new means of immediate, full text document \n delivery for information and scholarships from abroad;\n ``(3) develop new means of shared electronic access to \n international data;\n ``(4) support collaborative projects of indexing, \n cataloging, and other means of bibliographic access for \n scholars to important research materials published or \n distributed outside the United States;\n ``(5) develop methods for the wide dissemination of \n resources written in non-Roman language alphabets;\n ``(6) assist teachers of less commonly taught languages in \n acquiring, via electronic and other means, materials suitable \n for classroom use; and\n ``(7) promote collaborative technology-based projects in \n foreign languages, area and international studies among grant \n recipients under this title.\n ``(c) Application.--Each institution or consortium desiring a grant \nunder this section shall submit an application to the Secretary at such \ntime, in such matter, and accompanied by such information and \nassurances as the Secretary may reasonably require.\n ``(d) Match Required.--The Federal share of the total cost of \ncarrying out a program supported by a grant under this section shall \nnot be more than 66\\2\/3\\ percent. The non-Federal share of such a cost \nmay be provided in either in-kind or in cash, and may include \ncontributions from private sector corporations or foundations.''.\n\nSEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT.\n\n (a) Non-Federal Share and Source of Funds.--Section 621(e) is \namended--\n (1) by striking ``one-fourth'' and inserting ``one-half''; \n and\n (2) by adding at the end the following new sentence: ``The \n non-Federal contribution must be made by private sector \n contributions.''.\n (b) Institutional Development.--Part C of title VI is amended--\n (1) by redesignating sections 622 through 627 as sections \n 623 through 628, respectively; and\n (2) by inserting after section 621 the following new \n section:\n\n``SEC. 622. INSTITUTIONAL DEVELOPMENT.\n\n ``(a) In General.--The Institute shall make grants, from amounts \navailable to it in each fiscal year, to Historically Black Colleges and \nUniversities, Hispanic-serving institutions, Tribally Controlled Indian \nCommunity Colleges, and minority institutions, to enable such colleges, \nuniversities, and institutions to strengthen international affairs \nprograms.\n ``(b) Application.--No grant may be made by the Institute unless an \napplication is made by the college, university, or institution at such \ntime, in such manner, and accompanied by such information as the \nInstitute may require.\n ``(c) Definitions.--As used in this section:\n ``(1) Historically black colleges and universities.--The \n term `Historically Black Colleges and Universities' has the \n meaning given the term `part B institution' by section 322(2) \n of this Act.\n ``(2) Hispanic-serving institution.--The term `Hispanic-\n serving institution' has the same meaning given the term by \n section 316(b)(1) of this Act.\n ``(3) Tribally controlled indian community college.--The \n term `Tribally Controlled Indian Community College' has the \n same meaning given that term by the Tribally Controlled \n Community College Assistance Act of 1978.\n ``(4) Minority institution.--The term `minority \n institution' has the same meaning given that term in section \n 101(14) of this Act.''.\n\nSEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM.\n\n (a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by \nsection 3(b) of this Act) is amended by striking ``one-half'' and \ninserting ``one-third''.\n (b) Summer Abroad.--Section 623 (as redesignated) is amended by \nadding at the end the following new subsection:\n ``(d) Summer Abroad Program.--The Institute is authorized to carry \nout, by grant or contract, a summer abroad program. The summer abroad \nprogram shall be open to the eligible students described in subsections \n(a) and (b) of this section. An institution of higher education \ndesiring to participate in the summer abroad program shall enter into a \nmemorandum of understanding with the Institute, containing provisions \nwhich are consistent with subsection (c) of this section.''.\n (c) Technical Amendment.--The heading of section 623 (as so \nredesignated) is amended by inserting before the period in the heading: \n``and summer abroad program''.\n\nSEC. 5. POSTBACCALAUREATE INTERNSHIPS.\n\n Section 625 (as redesignated by section 3(b) of this Act) is \namended--\n (1) by inserting before the first sentence the following \n new subsection heading: ``(a) In General.--''; and\n (2) by adding at the end the following new subsection:\n ``(b) Washington Internship Program.--The Institute shall enter \ninto agreements with institutions of higher education described in the \nfirst sentence of subsection (a) to conduct internships in Washington, \nDistrict of Columbia, for students who have completed study for the \nbaccalaureate degree. The Internship program authorized by this \nsubsection shall--\n ``(1) be designated to assist the students to prepare for a \n Master's degree program;\n ``(2) be carried out with the assistance of the Woodrow \n Wilson Fellowship Program;\n ``(3) contain work experience for the students designated \n to contribute to the objectives set forth in paragraph (1); and\n ``(4) contain such other elements as the Institute \n determines will carry out the objectives of this subsection.''.\n\nSEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL \n AFFAIRS.\n\n Part C of title VI is further amended--\n (1) by redesignating section 628 (as redesignated by \n section 3(b) of this Act) as section 629; and\n (2) by inserting after section 627 the following new \n section:\n\n``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL \n AFFAIRS.\n\n ``(a) Establishment.--There is established in the executive branch \nof the Federal Government an Interagency Committee on Minority Careers \nin International Affairs composed of 7 members. The members are--\n ``(1) the Under Secretary for International Affairs and \n Commodity Programs of the Department of Agriculture, appointed \n by the Secretary of Agriculture;\n ``(2) the Assistant Secretary and Director General, the \n Commercial Service of the Department of Commerce, appointed by \n the Secretary of Commerce;\n ``(3) the Under Secretary of Defense for Personnel and \n Readiness of the Department of Defense, appointed by the \n Secretary of Defense;\n ``(4) the Assistant Secretary for Postsecondary Education \n in the Department of Education, appointed by the Secretary of \n Education;\n ``(5) the Director General of the Foreign Service of the \n Department of State, appointed by the Secretary of State;\n ``(6) the General Counsel of the Agency for International \n Development, appointed by the Administrator; and\n ``(7) the Associate Director for Educational and Cultural \n Affairs of the United States Information Agency, appointed by \n the Director.\n ``(b) Functions.--The Interagency Committee established by this \nsection shall--\n ``(1) advise the Secretary and the Institute with respect \n to programs authorized by this part; and\n ``(2) promote policies in each department and agency \n participating on the committee that are designed to carry out \n the objectives of this part.''.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n The text of section 629 (as redesignated by section 6 of this Act) \nis amended to read as follows:\n ``There is authorized to be appropriated $5,000,000, for fiscal \nyear 1999, and such sums as may be necessary for the fiscal years 2000, \n2001, 2002, and 2003 to carry out this part.''.","summary":"Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI . Revises part A with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program, (2) an international studies program. Or (3) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials. (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs. (3) development of new opportunities for learning foreign languages, including the less commonly taught languages. (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions. (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution. And (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions. Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. Revises part C with respect to the non-Federal share and source of funds for minority foreign service professional development. Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions. Revises the Institute's share of the cost of the junior year program. Authorizes the Institute to carry out a summer abroad program. Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D. C. with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program. Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs. And (2) promote policies in furtherance of part C objectives in each participating department and agency. Extends through FY 2003 the authorization of appropriations for part C.","title":"Expanding International Education for All Act","text_len":15921,"sum_len":2920} {"bill_id":"112_hr6253","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ports-to-Forts Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Seaports serve vital national interests by supporting \n the mobilization and deployment of United States troops, \n facilitating the flow of trade, and creating jobs.\n (2) The Commercial Strategic Seaport Grant Program is \n designed to facilitate the movement of military forces securely \n through United States seaports with minimal disruptions to \n commerce.\n (3) The exponential growth of commercial cargo over the \n past 20 years has generated concern over the potential for \n conflict between military and commercial needs and about the \n future adequacy of the commercial strategic seaport \n infrastructure to meet national security requirements.\n (4) The existing infrastructure at seaports may not be \n readily available when required by the Department of Defense.\n\nSEC. 3. COMMERCIAL STRATEGIC SEAPORT GRANT PROGRAM.\n\n (a) In General.--The Maritime Administrator, subject to the \navailability of appropriations, may make a grant to a State or port \nauthority to assist that State or port authority to conduct repair or \nconstruction activities relating to a commercial strategic seaport.\n (b) Application.--\n (1) In general.--To be eligible for a grant under this \n section, a State or port authority shall submit to the \n Administrator, by not later than 1 year after publication of \n notice under paragraph (2), an application in such form and \n containing such information as the Administrator may require. \n The application shall include, at a minimum, a certification \n that any grant funds received by the State or port authority \n shall be used only as provided under subsection (c).\n (2) Notice.--Not later than 180 days after the date of \n enactment of this Act, the Administrator shall, in the Federal \n Register, publish notice that applications are being accepted \n for grants under subsection (a).\n (3) Application acceptability.--If the Administrator \n determines that an application received under paragraph (1) is \n incomplete or unacceptable, the Administrator shall--\n (A) reject the application; and\n (B) advise the State or port authority that \n submitted the application of the reasons for the \n rejection.\n (4) Reapplication.--If the Administrator rejects a State's \n or port authority's application under paragraph (1), that State \n or port authority may submit an additional application under \n that paragraph not later than the end of the 1-year application \n period established under that paragraph.\n (c) Use of Funds.--\n (1) State.--A State that receives a grant under subsection \n (a) may only use funds from such grant for direct or indirect \n costs of repair or construction activities relating to--\n (A) a commercial strategic seaport; or\n (B) bridges, roads, rail systems, and other \n infrastructure in the vicinity of such seaport.\n (2) Port authority.--A port authority that receives a grant \n under subsection (a) may only use funds from such grant for \n direct or indirect costs of repair or construction activities \n relating to infrastructure that is part of the commercial \n strategic seaport.\n (d) Reporting Requirement.--Not later than 1 year after the date on \nwhich a State or port authority receives a grant under subsection (a), \nand annually thereafter until all repair or construction activities to \nbe carried out under the grant are completed, the State or port \nauthority shall submit a report to the Administrator that includes--\n (1) a description of the progress made with respect to such \n activities; and\n (2) a detailed list of all expenses related to such \n activities.\n (e) Authorization of Use of Department of Defense Appropriations.--\nSuch sums as are necessary to carry out this section may be used by the \nMaritime Administrator from any amounts otherwise appropriated for the \nDepartment of Defense after the date of the enactment of this Act.\n (f) Definitions.--In this section:\n (1) Commercial strategic seaport.--The term ``commercial \n strategic seaport'' means a port (including bridges, roads, \n rail systems, and other infrastructure that is part of the \n port) that the Secretary of Defense has determined to be vital \n to the readiness and cargo throughput capacity of the \n Department of Defense.\n (2) Port authority.--The term ``port authority'' means a \n local port authority with jurisdiction over a commercial \n strategic seaport.\n (3) State.--The term ``State'' means each of the several \n States of the United States and Guam.","summary":"Ports-to-Forts Act of 2012 - Directs the Administrator of the Maritime Administration to make grants to states or port authorities to cover the direct or indirect costs for repair or construction of: (1) commercial strategic seaports. Or (2) bridges, roads, rail systems, and other infrastructure near such seaports.","title":"To authorize the Maritime Administrator to make grants to States or port authorities to cover the cost of repair and construction activities relating to certain commercial strategic seaports, and for other purposes.","text_len":5161,"sum_len":316} {"bill_id":"103_hr3677","text":"SECTION 1. EXTENSION OF AUTHORITY TO MAYOR OF THE DISTRICT OF COLUMBIA.\n\n (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled \n``An Act to provide for the organization of the militia of the District \nof Columbia, and for other purposes'', approved March 1, 1889 (sec. 39-\n109, D.C. Code), is amended by striking out ``President of the United \nStates'' and inserting in lieu thereof ``Mayor of the District of \nColumbia''.\n (b) Reserve Corps.--Section 72 of such Act (sec. 39-107, D.C. Code) \nis amended by striking out ``President of the United States'' and \ninserting in lieu thereof ``Mayor of the District of Columbia''.\n (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such \nAct (sec. 39-301(a), D.C. Code) is amended--\n (A) by striking out ``President of the United States'' and \n inserting in lieu thereof ``Mayor of the District of \n Columbia''; and\n (B) by striking out ``President.'' and inserting in lieu \n thereof ``Mayor.''.\n (2) Section 9 of such Act (sec. 39-304, D.C. Code) is amended by \nstriking out ``President'' and inserting in lieu thereof ``Mayor of the \nDistrict of Columbia''.\n (3) Section 13 of such Act (sec. 39-305, D.C. Code) is amended by \nstriking out ``President of the United States'' and inserting in lieu \nthereof ``Mayor of the District of Columbia''.\n (4) Section 19 of such Act (sec. 39-311, D.C. Code) is amended--\n (A) in subsection (a), by striking out ``to the Secretary \n of the Army'' and all that follows through ``which board'' and \n inserting in lieu thereof ``to a board of examination appointed \n by the Commanding General, which''; and\n (B) in subsection (b), by striking ``the Secretary of the \n Army'' and all that follows through the period and inserting in \n lieu thereof ``the Mayor of the District of Columbia, together \n with any recommendations of the Commanding General.''.\n (5) Section 20 of such Act (sec. 39-312, D.C. Code) is amended--\n (A) by striking out ``President of the United States'' each \n place it appears and inserting in lieu thereof ``Mayor of the \n District of Columbia''; and\n (B) by striking out ``the President may retire'' and \n inserting in lieu thereof ``the Mayor may retire''.\n (d) Call for Duty.--(1) Section 45 of such Act (sec. 39-603, D.C. \nCode) is amended by striking out ``, or for the United States Marshal'' \nand all that follows through ``shall thereupon order'' and inserting in \nlieu thereof ``to order''.\n (2) Section 46 of such Act (sec. 39-604, D.C. Code) is amended by \nstriking out ``the President'' and inserting in lieu thereof ``the \nMayor of the District of Columbia''.\n (e) General Courts Martial.--Section 51 of such Act (sec. 39-803, \nD.C. Code) is amended by striking out ``the President of the United \nStates'' and inserting in lieu thereof ``the Mayor of the District of \nColumbia''.\n\nSEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.\n\n (a) Consent for Active Duty or Relocation.--(1) Section 672 of \ntitle 10, United States Code, is amended--\n (A) in subsection (b), by striking out ``commanding general \n of the District of Columbia National Guard'' in the second \n sentence and inserting in lieu thereof ``Mayor of the District \n of Columbia''; and\n (B) in subsection (d), by striking out ``governor or other \n appropriate authority of the State or Territory, Puerto Rico, \n or the District of Columbia'' and inserting in lieu thereof \n ``Governor of the State, Territory, or Puerto Rico or the Mayor \n of the District of Columbia''.\n (2) Section 2238 of such title is amended by striking out ``, in \nthe case of the District of Columbia, the commanding general of the \nNational Guard of the District of Columbia'' and inserting in lieu \nthereof ``the Mayor of the District of Columbia, as the case may be''.\n (3) Section 3500 of such title is amended by striking out ``, in \nthe District of Columbia, through the commanding general of the \nNational Guard of the District of Columbia'' in the second sentence and \ninserting in lieu thereof ``the Mayor of the District of Columbia, as \nthe case may be''.\n (4) Section 4301(c) of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' and inserting in lieu \nthereof ``Governor of the State, Territory, or Puerto Rico or the Mayor \nof the District of Columbia''.\n (5) Section 8500 of such title is amended by striking out ``, in \nthe District of Columbia, through the commanding general of the \nNational Guard of the District of Columbia'' in the second sentence and \ninserting in lieu thereof ``the Mayor of the District of Columbia, as \nthe case may be''.\n (6) Section 9301(c) of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' and inserting in lieu \nthereof ``Governor of the State, Territory, or Puerto Rico or the Mayor \nof the District of Columbia''.\n (b) Consent for Personnel Actions.--(1) Section 269(g) of such \ntitle is amended by striking out ``governor or other appropriate \nauthority of the State or Territory, Puerto Rico, or the District of \nColumbia'' and inserting in lieu thereof ``Governor of the State, \nTerritory, or Puerto Rico or the Mayor of the District of Columbia''.\n (2) Section 270(c) of such title is amended by striking out \n``commanding general of the District of Columbia National Guard'' in \nthe first sentence and inserting in lieu thereof ``Mayor of the \nDistrict of Columbia''.\n (3) Section 3259 of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' in the first sentence and \ninserting in lieu thereof ``Governor of the State, Territory, or Puerto \nRico or the Mayor of the District of Columbia''.\n (4) Section 3352(a) of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' in the first sentence and \ninserting in lieu thereof ``Governor of the State, Territory, or Puerto \nRico or the Mayor of the District of Columbia''.\n (5) Section 3364 of such title is amended--\n (A) in subsection (g), by striking out ``governor or other \n appropriate authority of the State, Territory or Puerto Rico, \n or the commanding general of the District of Columbia National \n Guard'' and inserting in lieu thereof ``Governor of the State, \n Territory, or Puerto Rico or the Mayor of the District of \n Columbia''; and\n (B) in subsection (j), by striking out ``governor or other \n appropriate authority of the State, Territory or Puerto Rico, \n or the commanding general of the District of Columbia National \n Guard'' and inserting in lieu thereof ``Governor of the State, \n Territory, or Puerto Rico or the Mayor of the District of \n Columbia''.\n (6) Section 3370(d) of such title is amended by striking out \n``governor or other appropriate authority of the State, Territory, or \nPuerto Rico, or the commanding general of the District of Columbia \nNational Guard'' in the fourth sentence and inserting in lieu thereof \n``Governor of the State, Territory, or Puerto Rico or the Mayor of the \nDistrict of Columbia''.\n (7) Section 8259 of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' in the first sentence and \ninserting in lieu thereof ``Governor of the State, Territory, or Puerto \nRico or the Mayor of the District of Columbia''.\n (8) Section 8352(a) of such title is amended by striking out \n``governor or other appropriate authority of the State or Territory, \nPuerto Rico, or the District of Columbia'' and inserting in lieu \nthereof ``Governor of the State, Territory, or Puerto Rico or the Mayor \nof the District of Columbia''.\n\nSEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.\n\n (a) Maintenance of Other Troops.--Section 109(c) of title 32, \nUnited States Code, is amended by striking out ``(or commanding general \nin the case of the District of Columbia)''.\n (b) Drug Interdiction and Counter-drug Activities.--Section \n112(f)(2) of such title is amended by striking out ``the Commanding \nGeneral of the National Guard of the District of Columbia'' and \ninserting in lieu thereof ``the Mayor of the District of Columbia''.\n (c) Appointment of Adjutant General.--Section 314 of such title is \namended--\n (1) by striking out subsection (b);\n (2) by redesignating subsections (c) and (d) as subsections \n (b) and (c), respectively; and\n (3) in subsection (b) (as so redesignated)--\n (A) by inserting ``, at the request of the Mayor of \n the District of Columbia,''; and\n (B) by striking out ``recommended for that detail \n by the commanding general of the District of Columbia \n National Guard''.\n (d) Personnel Matters.--(1) Section 327(a) of such title is amended \nby striking out ``the commanding general of the National Guard of the \nDistrict of Columbia'' and inserting in lieu thereof ``the Mayor of the \nDistrict of Columbia, as the case may be''.\n (2) Section 331 of such title is amended by striking out ``its \ncommanding general'' and inserting in lieu thereof ``the Mayor of the \nDistrict of Columbia''.\n (3) Section 505 of such title is amended by striking out \n``commanding general of the National Guard of the District of \nColumbia'' in the first sentence and inserting in lieu thereof ``Mayor \nof the District of Columbia''.\n (e) Issuance of Supplies.--Section 702(a) of such title is amended \nby striking out ``commanding general of the National Guard of the \nDistrict of Columbia'' and inserting in lieu thereof ``Mayor of the \nDistrict of Columbia''.\n (f) Appointment of Fiscal Officer.--Section 708(a) of such title is \namended by striking out ``commanding general of the National Guard of \nthe District of Columbia'' and inserting in lieu thereof ``Mayor of the \nDistrict of Columbia''.\n\nSEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL GUARD CIVILIAN YOUTH \n OPPORTUNITIES PILOT PROGRAM.\n\n Section 1091 of the National Defense Authorization Act for Fiscal \nYear 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended--\n (1) in subsection (d), by striking out ``commanding general \n of the District of Columbia National Guard'' and inserting in \n lieu thereof ``Mayor of the District of Columbia'';\n (2) in subsection (g)(3), by striking out ``commanding \n general of the District of Columbia National Guard'' and \n inserting in lieu thereof ``Mayor of the District of \n Columbia'';\n (3) in subsection (j)(1)--\n (A) by striking out ``, in the case of the District \n of Columbia, the commanding general of the District of \n Columbia National Guard'' and inserting in lieu thereof \n ``the Mayor of the District of Columbia''; and\n (B) by striking out ``or the commanding general'' \n and inserting in lieu thereof ``or the Mayor of the \n District of Columbia'';\n (4) in subsection (j)(2), by striking out ``the commanding \n general of the District of Columbia National Guard'' and \n inserting in lieu thereof ``the Mayor of the District of \n Columbia''; and\n (5) in subsection (k)(2), by striking out ``the commanding \n general of the District of Columbia National Guard'' and \n inserting in lieu thereof ``the Mayor of the District of \n Columbia''.\n\nSEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA SELF-\n GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT.\n\n Section 602(b) of the District of Columbia Self-Government and \nGovernmental Reorganization Act (D.C. Code section 1-233(b)) is amended \nby striking out ``the National Guard of the District of Columbia,''.","summary":"Amends the District of Columbia code to make the Mayor of the District of Columbia the Commander-in-Chief of the militia of the District with jurisdiction over: (1) the reserve corps, (2) the appointment of commissioned officers, (3) the call for duty, and (4) general courts-martial.","title":"To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governor of a State exercises with respect to the National Guard of that State.","text_len":12444,"sum_len":284} {"bill_id":"112_hr6654","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Counterfeit Merchandise \nPrevention Act''.\n\nSEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.\n\n Section 1905 of title 18, United States Code, is amended--\n (1) by striking ``Whoever'' and inserting ``(a) In \n General.--Whoever''; and\n (2) by adding at the end the following:\n ``(b) Provision of Information Relating to Merchandise Presented to \nCustoms.--It shall not be a violation of this section for an officer or \nemployee of U.S. Customs and Border Protection, at the time that \nmerchandise is presented for examination and thereafter, to provide to \nthe owner of a copyright or a registered mark, or to any person who may \nbe injured by a violation of section 1201 of title 17--\n ``(1) any information appearing on the merchandise, \n including its retail packaging,\n ``(2) a sample of the merchandise and its retail packaging, \n or\n ``(3) digital images of the merchandise and its retail \n packaging,\nas it was presented to U.S. Customs and Border Protection, without \nredaction, whether imported into or exported from the United States, or \nattempted to be exported from the United States, for purposes of \ndetermining whether the merchandise or its retail packaging infringes \nthe copyright, bears or consists of a counterfeit mark of the \nregistered mark, or is in violation of section 1201 of title 17, as the \ncase may be.\n ``(c) Provision of Information Relating to Seized Merchandise.--It \nshall not be a violation of this section for an officer or employee of \nU.S. Customs and Border Protection, after seizing merchandise pursuant \nto a determination that the merchandise is in violation of section 1201 \nof title 17, to provide, to persons injured by the violation, \ninformation with respect to the merchandise, including, but not limited \nto, the following:\n ``(1) The date of importation.\n ``(2) The port of entry.\n ``(3) The description of the merchandise from the entry.\n ``(4) The quantity involved.\n ``(5) The country of origin of the merchandise.\n ``(6) The name and address of the foreign manufacturer.\n ``(7) The name and address of the exporter.\n ``(8) The name and address of the importer.\n ``(9) Photographic or digital images of the merchandise.\n ``(d) Definitions.--As used in this section--\n ``(1) the term `registered mark' has the meaning given that \n term in section 45 of the Lanham Act (15 U.S.C. 1127);\n ``(2) the term `Lanham Act' has the meaning given that term \n in section 2320(e) of this title;\n ``(3) the term `counterfeit mark' has the meaning given \n that term in section 2320(e) of this title; and\n ``(4) the term `without redaction' means, with respect to \n merchandise, without removing, revising, or otherwise obscuring \n any information, codes, marks, numbers, or any other markings \n that appear on the merchandise or its retail packaging.\n ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply \nonly with respect to tangible goods presented to U.S. Customs and \nBorder Protection for importation into, or exportation from, the United \nStates.''.\n\nSEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING \n INFRINGING MARKS.\n\n (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is \namended--\n (1) in the first sentence, by striking ``Except as'' and \n inserting ``(a) In General.--Except as'';\n (2) by striking ``of the Treasury'' each place it appears \n and inserting ``of Homeland Security''; and\n (3) by adding at the end the following:\n ``(b) Detention of Critical Merchandise.--With respect to critical \nmerchandise that bears a registered trademark recorded under subsection \n(a), if U.S. Customs and Border Protection detains the merchandise \nbecause the merchandise is suspected of bearing a counterfeit mark, \nthen, upon such detention, the Secretary--\n ``(1) shall provide to the owner of the registered \n trademark any information on the critical merchandise and its \n packaging and labels, including, without redaction, photographs \n or digital images of the critical merchandise, packaging, and \n labels; and\n ``(2) may, at any time, subject to any applicable bonding \n and return requirements, provide to the owner of the registered \n trademark samples of the critical merchandise, without \n redaction.\n ``(c) Definitions.--In this section:\n ``(1) Critical merchandise.--\n ``(A) In general.--The term `critical merchandise' \n includes--\n ``(i) aircraft engines, appliances, \n propellers, and spare parts;\n ``(ii) children's sleepwear;\n ``(iii) cosmetics;\n ``(iv) devices;\n ``(v) drugs;\n ``(vi) food;\n ``(vii) motor vehicle equipment;\n ``(viii) pesticide chemicals;\n ``(ix) semiconductors;\n ``(x) tobacco products;\n ``(xi) any item on the United States \n Munitions List established under section 38(a) \n of the Arms Export Control Act (22 U.S.C. \n 2778(a)); and\n ``(xii) any other article of manufacture \n that the Secretary determines could, if \n permitted entry into the United States in \n violation of the laws of the United States pose \n a danger to the health, safety, or welfare of \n consumers, or to the national security of the \n United States.\n ``(B) Other definitions.--For purposes of \n subparagraph (A)--\n ``(i) the terms `aircraft engine', \n `appliance', `propeller', and `spare part' have \n the meanings given those terms in section \n 40102(a) of title 49, United States Code;\n ``(ii) the term `children's sleepwear' has \n the meaning given that term in sections 1615.1 \n and 1616.2 of title 16, Code of Federal \n Regulations, or successor regulations;\n ``(iii) the terms `cosmetic', `device', \n `drug', `food', `pesticide chemical', and \n `tobacco product' have the meanings given those \n terms in section 201 of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 321);\n ``(iv) the term `motor vehicle equipment' \n has the meaning given that term in section \n 30102(a) of title 49, United States Code; and\n ``(v) the term `semiconductor' means \n `semiconductor chip product' as defined in \n section 901 of title 17.\n ``(2) Secretary.--The term `Secretary' means the Secretary \n of Homeland Security.\n ``(3) Without redaction.--The term `without redaction' \n means, with respect to merchandise, without removing, revising, \n or otherwise obscuring any information, codes, marks, numbers, \n or any other markings that appear on the merchandise or its \n retail packaging.\n ``(d) Rule of Construction.--This section applies only with respect \nto tangible goods presented to U.S. Customs and Border Protection for \nimportation into the United States.''.\n (b) Definition.--In this section, the term ``Lanham Act'' means the \nAct entitled ``An Act to provide for the registration and protection of \ntrademarks used in commerce, to carry out the provisions of certain \ninternational conventions, and for other purposes'', approved July 5, \n1946 (15 U.S.C. 1051 et seq.).\n (c) Effective Date.--The amendments made by this section shall take \neffect upon the expiration of the 60-day period beginning on the date \nof the enactment of this Act.","summary":"Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of US Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems. Or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines critical merchandise to include: (1) aircraft engines, appliances, propellers, and spare parts. (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products. (3) items on the US Munitions List established under specified provisions of the Arms Export Control Act. And (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the US laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.","title":"To provide for the exchange of information related to trade enforcement, and for other purposes.","text_len":8605,"sum_len":3099} {"bill_id":"107_hr377","text":"SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES AND \n RENEWAL COMMUNITY BUSINESSES.\n\n (a) Empowerment Zones.--Part III of subchapter U of chapter 1 of \nthe Internal Revenue Code of 1986 (relating to additional incentives \nfor empowerment zones) is amended--\n (1) by redesignating subpart D as subpart E,\n (2) by redesignating sections 1397C, 1397D, 1397E, and \n 1397F as sections 1397D, 1397E, 1397F, and 1397G, respectively, \n and\n (3) by inserting after subpart C the following new subpart:\n\n ``Subpart D--Incentives for Clean-Fuel Vehicles\n\n ``Sec. 1397C. Incentives for clean-fuel \n vehicles.\n\n``SEC. 1397C. INCENTIVES FOR CLEAN-FUEL VEHICLES.\n\n ``(a) Zone Clean Fuels Credit.--For purposes of section 38, in the \ncase of an eligible enterprise zone business, the amount of the zone \nclean fuels credit determined under this section for the taxable year \nis the sum of--\n ``(1) the zone clean-fuel property credit, and\n ``(2) the zone clean-burning fuel use credit.\n ``(b) Zone Clean-Fuel Property Credit.--\n ``(1) In general.--The zone clean-fuel property credit is \n the cost of--\n ``(A) qualified clean-fuel vehicle property, plus\n ``(B) qualified clean-fuel vehicle refueling \n property.\n The credit under this section with respect to any property \n shall be allowed for the taxable year in which such property is \n placed in service by the eligible enterprise zone business.\n ``(2) Limitations.--\n ``(A) Qualified clean-fuel vehicle property.--The \n cost which may be taken into account under paragraph \n (1)(A) with respect to any motor vehicle shall not \n exceed--\n ``(i) $2,000 in the case of a motor vehicle \n not described in clause (ii) or (iii),\n ``(ii) $5,000 in the case of any truck or \n van with a gross vehicle weight rating greater \n than 10,000 pounds but not greater than 26,000 \n pounds, or\n ``(iii) $50,000 in the case of--\n ``(I) a truck or van with a gross \n vehicle weight rating greater than \n 26,000 pounds, or\n ``(II) any bus which has a seating \n capacity of at least 20 adults (not \n including the driver).\n ``(B) Qualified clean-fuel vehicle refueling \n property.--\n ``(i) In general.--The aggregate cost which \n may be taken into account under paragraph \n (1)(B) with respect to qualified clean-fuel \n vehicle refueling property placed in service by \n the eligible enterprise zone business during \n the taxable year at a location shall not exceed \n the lesser of--\n ``(I) $100,000, or\n ``(II) the cost of such property \n reduced by the amount described in \n clause (ii).\n ``(ii) Reduction for amounts previously \n taken into account.--For purposes of clause \n (i)(II), the amount described in this clause is \n the sum of--\n ``(I) the aggregate amount taken \n into account under paragraph (1)(B) for \n all preceding taxable years, and\n ``(II) the aggregate amount taken \n into account under section \n 179A(a)(1)(B) by the taxpayer (or any \n related person or predecessor) with \n respect to property placed in service \n at such location for all preceding \n taxable years.\n ``(iii) Special rules.--For purposes of \n this subparagraph, the provisions of \n subparagraphs (B) and (C) of section 179A(b)(2) \n shall apply.\n ``(c) Zone Clean-Burning Fuel Use Credit.--The zone clean-burning \nfuel use credit is the amount equal to 50 cents for each gasoline \ngallon equivalent of clean-burning fuel used by an eligible enterprise \nzone business during the taxable year to propel qualified clean-fuel \nvehicle property.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Eligible enterprise zone business.--The term \n `eligible enterprise zone business' means--\n ``(A) an enterprise zone business (as defined in \n section 1397D) located within an area that is an \n empowerment zone or enterprise community and that is \n within a nonattainment area (within the meaning of \n section 171 of the Clean Air Act (42 U.S.C. 7501)), and\n ``(B) a trade or business located outside of an \n empowerment zone or enterprise community, but only with \n respect to qualified clean-fuel vehicle property used \n substantially within an area that is an empowerment \n zone or enterprise community and that is within a \n nonattainment area (within the meaning of section 171 \n of the Clean Air Act (42 U.S.C. 7501)).\n For purposes of this paragraph, section 1397D shall be applied \n by substituting `empowerment zone or enterprise community' for \n `empowerment zone' each place it appears.\n ``(2) Clean-burning fuel.--The term `clean-burning fuel' \n has the meaning given to such term by section 179A, except that \n such term includes compressed natural gas.\n ``(3) Qualified clean-fuel vehicle property.--The term \n `qualified clean-fuel vehicle property' has the meaning given \n to such term by section 179A(c) without regard to paragraph (3) \n thereof, except that such term does not include property that \n is a motor vehicle propelled by a fuel that is not a clean-\n burning fuel.\n ``(4) Qualified clean-fuel vehicle refueling property.--The \n term `qualified clean-fuel vehicle refueling property' has the \n meaning given to such term by section 179A(d).\n ``(5) Gasoline gallon equivalent.--The term `gasoline \n gallon equivalent' means, with respect to any clean burning \n fuel, the amount (determined by the Secretary) of such fuel \n having a Btu content of 114,000.\n ``(e) Denial of Double Benefit.--No credit shall be allowed under \nsubsection (a) for any expense for which a deduction or credit is \nallowed under any other provision of this chapter.''.\n (b) Renewal Communities.--Part III of subchapter X of chapter 1 of \nthe Internal Revenue Code of 1986 (relating to additional incentives \nfor renewal communities) is amended by adding at the end the following \nnew section:\n\n``SEC. 1400K. RENEWAL COMMUNITY CLEAN FUELS CREDIT.\n\n ``(a) In General.--For purposes of section 1397C--\n ``(1) a renewal community shall be treated as an \n empowerment zone,\n ``(2) a renewal community business shall be treated as an \n enterprise zone business, and\n ``(3) qualified renewal property shall be treated as \n qualified zone property.''.\n (c) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of such Code (relating to current year business credit) is \namended by striking ``plus'' at the end of paragraph (11), by striking \nthe period at the end of paragraph (12) and inserting ``, plus'', and \nby adding at the end thereof the following new paragraph:\n ``(13) the zone clean fuels credit determined under section \n 1397C.''.\n (d) Denial of Double Benefit.--Section 280C of such Code (relating \nto certain expenses for which credits are allowable) is amended by \nadding at the end thereof the following new subsection:\n ``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for \nthat portion of expenses for clean-burning fuel otherwise allowable as \na deduction for the taxable year which is equal to the amount of the \ncredit determined for such taxable year under section 1397C.''.\n (e) Credit Allowed Against Regular and Minimum Tax.--\n (1) In general.--Subsection (c) of section 38 of such Code \n (relating to limitation based on amount of tax) is amended by \n redesignating paragraph (3) as paragraph (4) and by inserting \nafter paragraph (2) the following new paragraph:\n ``(3) Special rules for zone clean fuels credit.--\n ``(A) In general.--In the case of the zone clean \n fuels credit--\n ``(i) this section and section 39 shall be \n applied separately with respect to the credit, \n and\n ``(ii) in applying paragraph (1) to the \n credit--\n ``(I) subparagraph (A) thereof \n shall not apply, and\n ``(II) the limitation under \n paragraph (1) (as modified by subclause \n (I)) shall be reduced by the credit \n allowed under subsection (a) for the \n taxable year (other than the zone clean \n fuels credit).\n ``(B) Zone clean fuels credit.--For purposes of \n this subsection, the term `zone clean fuels credit' \n means the credit allowable under subsection (a) by \n reason of section 1397B.''.\n (2) Conforming amendment.--Subclause (II) of section \n 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the \n zone clean fuels credit'' after ``employment credit''.\n (f) Limitation on Carryback.--Subsection (d) of section 39 of such \nCode is amended by adding at the end the following new paragraph:\n ``(9) No carryback of zone clean fuels credit before \n effective date.--No portion of the unused business credit for \n any taxable year which is attributable to the credit determined \n under section 1397C may be carried back to any taxable year \n ending before the date of the enactment of section 1397C.''.\n (g) Deduction for Certain Unused Business Credits.--Subsection (c) \nof section 196 of such Code is amended by striking ``and'' at the end \nof paragraph (7), by striking the period at the end of paragraph (8) \nand inserting ``, and'', and by adding after paragraph (8) the \nfollowing new paragraph:\n ``(9) the empowerment zone clean fuels credit determined \n under section 1397C.''.\n (h) Conforming Amendments.--\n (1) Paragraph (2) of section 1394(b) of such Code is \n amended--\n (A) by striking ``section 1397D'' and inserting \n ``section 1397E'', and\n (B) by striking ``section 1397D(a)(2)'' and \n inserting ``section 1397E(a)(2)''.\n (2) Paragraph (3) of section 1394(b) of such Code is \n amended--\n (A) by striking ``section 1397C'' each place it \n appears and inserting ``section 1397D'', and\n (B) by striking ``section 1397C(d)'' and inserting \n ``section 1397D(d)''.\n (3) Paragraph (3) of section 1394(f) of such Code is \n amended by striking ``sections 1397C and 1397D'' both places it \n appears and inserting ``sections 1397D and 1397E''.\n (4) Section 1397B(b)(1)(A)(ii) of such Code is amended by \n striking ``section 1397C'' and inserting ``section 1397D''.\n (5) Sections 1400(e), 1400B(c), and 1400G of such Code are \n each amended by striking ``section 1397C'' each place it \n appears and inserting ``section 1397D''.\n (6) Section 1400J(b) of such Code is amended by striking \n ``section 1397D'' each place it appears and inserting ``section \n 1397E''.\n (7) Section 45D(d) of such Code is amended--\n (A) in paragraph (2)(A)(v) by striking ``section \n 1397C(e)'' and inserting ``section 1397D(e)'', and\n (B) in paragraph (3) by striking ``section \n 1397C(d)'' and inserting ``section 1397D(d)''.\n (8) Section 1202(a)(2) of such Code is amended by striking \n ``section 1397C(b)'' and inserting ``section 1397D(b)''.\n (9) The table of subparts for part III of subchapter U of \n chapter 1 of such Code is amended by striking the last item and \n inserting the following new items:\n\n ``Subpart D. Incentives for Clean-Fuel \n Vehicles.\n ``Subpart E. General provisions.''.\n (10) The table of sections for subpart E of such part III \n is amended to read as follows:\n\n ``Sec. 1397E. Enterprise zone business \n defined.\n ``Sec. 1397E. Qualified zone property \n defined.''.\n (11) The table of sections for part III of subchapter X of \n chapter 1 of such Code is amended by adding at the end the \n following new item:\n\n ``Sec. 1400K. Renewal community clean \n fuels credit.''.\n (i) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2000.","summary":"Amends the Internal Revenue Code to establish credits for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.","title":"To amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.","text_len":14523,"sum_len":177} {"bill_id":"115_hr1957","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Schools Improvement Act of \n2017''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Bullying and harassment foster a climate of fear and \n disrespect that can seriously impair the physical and \n psychological health of its victims and create conditions that \n negatively affect learning, thereby undermining the ability of \n students to achieve their full potential.\n (2) Bullying and harassment contribute to high dropout \n rates, increased absenteeism, and academic underachievement.\n (3) Bullying and harassment include a range of behaviors \n that negatively impact a student's ability to learn and \n participate in educational opportunities and activities that \n schools offer. Such behaviors can include hitting or punching, \n name-calling, intimidation through gestures or social \n exclusion, and sending insulting or offensive messages through \n electronic communications, such as Internet sites, e-mail, \n instant messaging, mobile phones and messaging, telephone, or \n any other means.\n (4) Schools with enumerated anti-bullying and harassment \n policies have an increased level of reporting and teacher \n intervention in incidents of bullying and harassment, thereby \n reducing the overall frequency and number of such incidents.\n (5) Students have been particularly singled out for \n bullying and harassment on the basis of their actual or \n perceived race, color, national origin, sex, disability status, \n sexual orientation, gender identity, or religion, among other \n categories.\n (6) Some young people experience a form of bullying called \n relational aggression or psychological bullying, which harms \n individuals by damaging, threatening, or manipulating their \n relationships with their peers, or by injuring their feelings \n of social acceptance.\n (7) Interventions to address bullying and harassment \n conduct to create a positive and safe school climate, combined \n with evidence-based discipline policies and practices, such as \n Positive Behavior Interventions and Supports (PBIS) and \n restorative practices, can minimize suspensions, expulsions, \n and other exclusionary discipline policies to ensure that \n students are not ``pushed-out'' or diverted to the juvenile \n justice system.\n (8) According to one poll, 85 percent of Americans strongly \n support or somewhat support a Federal law to require schools to \n enforce specific rules to prevent bullying.\n (9) Students, parents, educators, and policymakers have \n come together to call for leadership and action to address the \n national crisis of bullying and harassment.\n\nSEC. 3. SAFE SCHOOLS IMPROVEMENT.\n\n (a) In General.--Title IV of the Elementary and Secondary Education \nAct of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end \nthe following:\n\n ``PART G--SAFE SCHOOLS IMPROVEMENT\n\n``SEC. 4701. PURPOSE.\n\n ``The purpose of this part is to address the problem of bullying \nand harassment conduct of students in public elementary schools and \nsecondary schools.\n\n``SEC. 4702. ANTI-BULLYING POLICIES.\n\n ``(a) Bullying.--In this part, the term `bullying' includes cyber-\nbullying through electronic communications.\n ``(b) Policies.--A State that receives a grant under this title \nshall require all local educational agencies in the State to carry out \nthe following:\n ``(1) Establish policies that prevent and prohibit conduct, \n including bullying and harassment, that is sufficiently severe, \n persistent, or pervasive--\n ``(A) to limit a student's ability to participate \n in, or benefit from, a program or activity of a public \n school or local educational agency; or\n ``(B) to create a hostile or abusive educational \n environment, adversely affecting a student's education, \n at a program or activity of a public school or local \n educational agency, including acts of verbal, \n nonverbal, or physical aggression or intimidation.\n ``(2) The policies required under paragraph (1) shall \n include a prohibition of bullying or harassment conduct based \n on--\n ``(A) a student's actual or perceived race, color, \n national origin, sex, disability, sexual orientation, \n gender identity, or religion;\n ``(B) the actual or perceived race, color, national \n origin, sex, disability, sexual orientation, gender \n identity, or religion of a person with whom a student \n associates or has associated; or\n ``(C) any other distinguishing characteristics that \n may be defined by the State or local educational \n agency, including being homeless or the child or ward \n of a member of the Armed Forces.\n ``(3) Provide--\n ``(A) annual notice to students, parents, and \n educational professionals describing the full range of \n prohibited conduct contained in such local educational \n agency's discipline policies; and\n ``(B) grievance procedures for students or parents \n to register complaints regarding the prohibited conduct \n contained in such local educational agency's discipline \n policies, including--\n ``(i) the name of the local educational \n agency officials who are designated as \n responsible for receiving such complaints; and\n ``(ii) timelines that the local educational \n agency will establish in the resolution of such \n complaints.\n ``(4) Collect annual incidence and frequency of incidents \n data about the conduct prohibited by the policies described in \n paragraph (1) at the school building level that are accurate \n and complete and publicly report such data at the school level \n and local educational agency level. The local educational \n agency shall ensure that victims or persons responsible for \n such conduct are not identifiable.\n ``(5) Encourage positive and preventative approaches to \n school discipline that minimize students' removal from \n instruction and ensure that students, including students \n described in paragraph (2), are not subject to disproportionate \n punishment.\n\n``SEC. 4703. STATE REPORTS.\n\n ``The chief executive officer of a State that receives a grant \nunder this title, in cooperation with the State educational agency, \nshall submit a biennial report to the Secretary--\n ``(1) on the information reported by local educational \n agencies in the State pursuant to section 4702(b)(4); and\n ``(2) describing the State's plans for supporting local \n educational agency efforts to address the conduct prohibited by \n the policies described in section 4702(b)(1).\n\n``SEC. 4704. EVALUATION.\n\n ``(a) Biennial Evaluation.--The Secretary shall conduct an \nindependent biennial evaluation of programs and policies to combat \nbullying and harassment in elementary schools and secondary schools, \nincluding implementation of the requirements described in section 4702, \nincluding whether such requirements have appreciably reduced the level \nof the prohibited conduct and have conducted effective parent \ninvolvement and training programs.\n ``(b) Data Collection.--The Commissioner for Education Statistics \nshall collect data from States, that are subject to independent review, \nto determine the incidence and frequency of conduct prohibited by the \npolicies described in section 4702.\n ``(c) Biennial Report.--Not later than January 1, 2019, and every 2 \nyears thereafter, the Secretary shall submit to the President and \nCongress a report on the findings of the evaluation conducted under \nsubsection (a) together with the data collected under subsection (b) \nand data submitted by the States under section 4703.\n\n``SEC. 4705. EFFECT ON OTHER LAWS.\n\n ``(a) Federal and State Nondiscrimination Laws.--Nothing in this \npart shall be construed to invalidate or limit rights, remedies, \nprocedures, or legal standards available to victims of discrimination \nunder any other Federal law or law of a State or political subdivision \nof a State, including title VI of the Civil Rights Act of 1964 (42 \nU.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 \nU.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of \n1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of \n1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part \nare in addition to those imposed by title VI of the Civil Rights Act of \n1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of \n1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of \n1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 \n(42 U.S.C. 12101 et seq.).\n ``(b) Free Speech and Expression Laws.--Nothing in this part shall \nbe construed to alter legal standards regarding, or affect the rights \n(including remedies and procedures) available to individuals under, \nother Federal laws that establish protections for freedom of speech or \nexpression.\n\n``SEC. 4706. RULE OF CONSTRUCTION.\n\n ``Nothing in this part shall be construed to prohibit a State or \nlocal entity from enacting any law with respect to the prevention of \nbullying or harassment of students that is not inconsistent with this \npart.''.\n (b) Table of Contents.--The table of contents in section 2 of the \nElementary and Secondary Education Act of 1965 is amended by inserting \nafter the item relating to section 4304 the following:\n\n ``Part G--Safe Schools Improvement\n\n``Sec. 4701. Purpose.\n``Sec. 4702. Anti-bullying policies.\n``Sec. 4703. State reports.\n``Sec. 4704. Evaluation.\n``Sec. 4705. Effect on other laws.\n``Sec. 4706. Rule of construction.''.","summary":"Safe Schools Improvement Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs. Or (2) create a hostile or abusive educational environment that adversely affectsnbsp. Students' education. LEAs shall also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies. (2) students and parents with grievance procedures that target such conduct. And (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Departmentnbsp. Of Education must conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics shall collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.","title":"Safe Schools Improvement Act of 2017","text_len":10564,"sum_len":1215} {"bill_id":"115_s725","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Transnational Criminal Organization \nIllicit Spotter Prevention and Elimination Act''.\n\nSEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.\n\n (a) Enhanced Penalties.--\n (1) In general.--Chapter 9 of title II of the Immigration \n and Nationality Act (8 U.S.C. 1351 et seq.) is amended by \n adding at the end the following:\n\n``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS \n CONTROLS.\n\n ``(a) Illicit Spotting.--Any person who knowingly transmits, by any \nmeans, to another person the location, movement, or activities of any \nFederal, State, local, or tribal law enforcement agency with the intent \nto further a Federal crime relating to United States immigration, \ncustoms, controlled substances, agriculture, monetary instruments, or \nother border controls shall be fined under title 18, United States \nCode, imprisoned not more than 10 years, or both.\n ``(b) Destruction of United States Border Controls.--Any person who \nknowingly and without lawful authorization destroys, alters, or damages \nany fence, barrier, sensor, camera, or other physical or electronic \ndevice deployed by the Federal Government to control the border or a \nport of entry or otherwise seeks to construct, excavate, or make any \nstructure intended to defeat, circumvent, or evade any such fence, \nbarrier, sensor camera, or other physical or electronic device deployed \nby the Federal Government to control the border or a port of entry--\n ``(1) shall be fined under title 18, United States Code, \n imprisoned not more than 10 years, or both; and\n ``(2) if, at the time of the offense, the person uses or \n carries a firearm or who, in furtherance of any such crime, \n possesses a firearm, that person shall be fined under such \n title 18, imprisoned not more than 20 years, or both.\n ``(c) Conspiracy and Attempt.--Any person who attempts or conspires \nto violate subsection (a) or (b) shall be punished in the same manner \nas a person who completes a violation of such subsection.''.\n (2) Clerical amendment.--The table of contents in the first \n section of the Immigration and Nationality Act is amended by \n inserting after the item relating to section 294 the following:\n\n``Sec. 295. Unlawfully hindering immigration, border, and customs \n controls.''.\n (b) Prohibiting Carrying or Use of a Firearm During and in Relation \nto an Alien Smuggling Crime.--Section 924(c) of title 18, United States \nCode, is amended--\n (1) by striking ``For purposes of this subsection,'' each \n place such phrase appears;\n (2) in paragraph (1)--\n (A) in subparagraph (A), by inserting ``, alien \n smuggling crime,'' after ``crime of violence'' each \n place that term appears; and\n (B) in subparagraph (D)(ii), by inserting ``, alien \n smuggling crime,'' after ``crime of violence'';\n (3) in paragraph (3), by redesignating subparagraphs (A) \n and (B) as clauses (i) and (ii), respectively, and adjusting \n the margin accordingly;\n (4) by redesignating paragraphs (2), (3), and (4) as \n subparagraphs (D), (C), and (B), respectively, and adjusting \n the margin accordingly;\n (5) by transferring subparagraph (B), as redesignated, to \n appear before subparagraph (C), as redesignated;\n (6) by transferring subparagraph (D), as redesignated, to \n appear after subparagraph (C), as redesignated;\n (7) by redesignating paragraph (5) as paragraph (2) and \n transferring the redesignated paragraph to appear after \n paragraph (1);\n (8) by inserting after paragraph (2), as redesignated and \n transferred, the following:\n ``(3) As used in this subsection--\n ``(A) the term `alien smuggling crime' means any felony \n punishable under section 274(a), 277, or 278 of the Immigration \n and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and\n (9) in paragraph (3), as redesignated--\n (A) in subparagraph (B), as redesignated, by \n striking the period at the end and inserting a \n semicolon; and\n (B) in subparagraph (C)(ii), as redesignated, by \n striking the period at the end and inserting ``; and''.\n (c) Conforming Amendments.--\n (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11, \n United States Code, is amended by striking ``section \n 924(c)(2)'' and inserting ``section 924(c)(3)(D)'';\n (2) Criminal code.--Title 18, United States Code, is \n amended--\n (A) in section 844(o)--\n (i) by striking ``section 924(c)(3)'' and \n inserting ``section 924(c)(3)(C)''; and\n (ii) by striking ``section 924(c)(2)'' and \n inserting ``section 924(c)(3)(D)'';\n (B) in section 1028(b)(3)(B), by striking ``section \n 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and\n (C) in section 4042(b)(3)--\n (i) in subparagraph (A), by striking \n ``section 924(c)(2)'' and inserting ``section \n 924(c)(3)(D)''; and\n (ii) in subparagraph (B), by striking \n ``section 924(c)(3)'' and inserting ``section \n 924(c)(3)(C)''.\n (3) Prisons.--Section 3(1) of the Interstate Transportation \n of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is \n amended by striking ``section 924(c)(3)'' and inserting \n ``section 924(c)(3)(C)''.\n (d) Statute of Limitations.--Section 3298 of title 18, United \nStates Code, is amended--\n (1) by inserting ``or 295'' after ``274(a)''; and\n (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after \n ``Immigration and Nationality Act''.","summary":"Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to US immigration. (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry. Or (3) carrying or using a firearm in an alien smuggling crime.","title":"Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act","text_len":6257,"sum_len":529} {"bill_id":"105_hr1362","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Medicare Reimbursement \nDemonstration Act of 1997''.\n\nSEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT.\n\n (a) Authority.--\n (1) In general.--The Secretary of Veterans Affairs and the \n Secretary of Health and Human Services shall jointly carry out \n a demonstration project under which the Secretary of Health and \n Human Services provides the Department of Veterans Affairs with \n reimbursement, determined in accordance with section 3, from \n the medicare program for health care services provided to \n targeted medicare-eligible veterans in or through facilities of \n the Department of Veterans Affairs selected under subsection \n (b).\n (2) Duration.--The Secretaries shall conduct the \n demonstration project during the three-year period beginning on \n January 1, 1998.\n (3) Waiver of certain medicare requirements.--To the extent \n necessary to carry out the demonstration project, the Secretary \n of Health and Human Services may waive any requirement of part \n B of title XI of the Social Security Act, title XVIII of that \n Act, or a related provision of law.\n (b) Selection of Participating Facilities.--\n (1) Designation of service areas covered.--The Secretary of \n Veterans Affairs shall designate up to three geographic service \n areas from which facilities are selected to participate in the \n demonstration project.\n (2) Facility selection.--\n (A) In general.--The Secretary, in consultation \n with the Secretary of Health and Human Services, shall \n establish a plan for the selection of facilities under \n the jurisdiction of the Secretary and located within a \n geographic service area designated under paragraph (1) \n to participate in the project.\n (B) General criteria.--The selection plan shall \n favor selection of those facilities that are suited to \n serve targeted medicare-eligible individuals because--\n (i) there is a high potential demand by \n targeted medicare-eligible veterans for their \n services;\n (ii) they have sufficient capability in \n billing and accounting to participate;\n (iii) they have favorable indicators of \n quality of care, including patient \n satisfaction; and\n (iv) they meet other relevant factors \n identified in the plan.\n (C) Facility near closed base.--There shall be at \n least one facility selected that is in the same \n catchment area as a military medical facility which was \n closed pursuant to either of the following laws:\n (i) The Defense Base Closure and \n Realignment Act of 1990 (part A of title XXIX \n of Public Law 101-510; 10 U.S.C. 2687 note).\n (ii) Title II of the Defense Authorization \n Amendments and Base Closure and Realignment Act \n (Public Law 100-526; 10 U.S.C. 2687 note).\n (c) Voluntary Participation.--Participation of targeted medicare-\neligible veterans in the demonstration project shall be voluntary, \nsubject to the capacity of participating facilities and the funding \nlimitations specified in section 3.\n (d) Cost Sharing.--The Secretary shall establish cost-sharing \nrequirements for veterans participating in the demonstration project. \nThose requirements shall be the same as the requirements that apply to \ntargeted medicare-eligible patients at nongovernmental facilities.\n (e) Crediting of Payments.--Payments received by the Secretary \nunder the demonstration project shall be credited to the applicable \nDepartment of Veterans Affairs medical appropriation.\n\nSEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS.\n\n (a) Payments Based on 95 Percent of Regular Medicare Payment \nRates.--\n (1) In general.--Subject to the succeeding provisions of \n this section, the Secretary of Health and Human Services shall \n reimburse the Secretary of Veterans Affairs for services \n provided under the demonstration project at a rate equal to 95 \n percent of the amounts that otherwise would be payable under \n the medicare program on a non-capitated basis for such services \n if the facility were not a Federal facility, were participating \n in the program, and imposed charges for such services. In cases \n in which a payment amount may not otherwise be readily \n computed, the Secretaries shall establish rules for computing \n equivalent or comparable payment amounts.\n (2) Periodic payments from medicare trust funds.--Payments \n under this section shall be made--\n (A) on a periodic basis consistent with the \n periodicity of payments under the medicare program; and\n (B) in appropriate part, as determined by the \n Secretary of Health and Human Services, from the \n Federal Hospital Insurance Trust Fund and the Federal \n Supplementary Medical Insurance Trust Fund.\n (3) Annual limit on medicare payments.--The amount paid to \n the Department of Veterans Affairs under this section for any \n year for the demonstration project may not exceed $50,000,000.\n (b) Reduction in Payment for Failure to Maintain VA Effort.--\n (1) In general.--In order to avoid shifting onto the \n medicare program the costs of the Department of Veterans \n Affairs for hospital care and medical services for targeted \n medicare-eligible veterans, the payment amounts under this \n section for the project for a year shall be reduced by the \n amount (if any) by which--\n (A) the amount of the actual VA medical \n expenditures for targeted veterans (as defined in \n paragraph (3)) for the fiscal year ending in such year, \n is less than\n (B) the amount of the maintenance of effort level \n for such fiscal year, as determined under paragraph \n (2).\n (2) Maintenance of effort levels.--The maintenance of \n effort level for any fiscal year is the amount equal to the \n maintenance of effort level for the preceding fiscal year or, \n in the case of fiscal year 1998, the amount of VA medical \n expenditures for targeted veterans (as defined in paragraph \n (3)) for fiscal year 1997--\n (A) increased or decreased by the same percentage \n as the percentage by which the amount of the medical \n care appropriation for the Department of Veterans \n Affairs for that fiscal year exceeds (or is less than, \n respectively) the amount of such appropriation for the \n preceding fiscal year; and\n (B) decreased by the amount of the decrease (if \n any) in VA medical expenditures for targeted veterans \n for that fiscal year (relative to the preceding fiscal \n year) that, as estimated by the Secretaries, results \n from--\n (i) a rate of increase in the level of \n medical care appropriations for the Department \n of Veterans Affairs described in subparagraph \n (A) that is less than the general rate of \n increase in health care costs; and\n (ii) the reduction in priority in delivery \n of services to targeted medicare-eligible \n veterans attributable to the amendments made by \n title I of the Veterans' Health Care \n Eligibility Reform Act of 1996 (Public Law 104-\n 262; 110 Stat. 3177) and to implementation of \n the plan developed pursuant to section 429 of \n Public Law 104-204 (110 Stat. 2929).\n (3) VA medical expenditures for targeted veterans \n defined.--For purposes of this subsection, the term ``VA \n medical expenditures for targeted veterans'' means, with \n respect to a fiscal year, the amount expended by the Department \n of Veterans Affairs during the fiscal year for providing \n hospital care and medical services under chapter 17 of title \n 38, United States Code to targeted medicare-eligible veterans. \n Such amount does not include--\n (A) expenditures for the conduct of medical \n examinations to adjudicate claims under such title, or\n (B) expenditures attributable to services for which \n reimbursement is made under the demonstration project.\n (c) Assuring No Increase in Cost to Medicare Program.--\n (1) Monitoring impact on costs to medicare program.--\n (A) In general.--The Secretaries, in consultation \n with the Comptroller General, shall closely monitor the \n expenditures made under the medicare program for \n targeted medicare-eligible veterans during the period \n of the demonstration project compared to the \n expenditures that would have been made for such \n veterans during that period if the demonstration \n project had not been conducted.\n (B) Auditing by the comptroller general.--Not later \n than December 31 of each year during which the \n demonstration project is conducted, the Comptroller \n General shall determine and submit to the Secretaries \n and the appropriate committees of Congress a report on \n the extent, if any, to which the costs of the Secretary \n of Health and Human Services under the medicare program \n increased during the preceding fiscal year as a result \n of the demonstration project.\n (2) Required response in case of increase in costs.--\n (A) In general.--If the Secretaries find, based on \n paragraph (1), that the expenditures under the medicare \n program increased (or are expected to increase) during \n a fiscal year because of the demonstration project, the \n Secretaries shall take such steps as may be needed--\n (i) to recoup for the medicare program the \n amount of such increase in expenditures; and\n (ii) to prevent any such increase in the \n future.\n (B) Steps.--Such steps--\n (i) under subparagraph (A)(i) shall include \n payment of the amount of such increased \n expenditures by the Secretary from the current \n medical care appropriation of the Department of \n Veterans Affairs to the trust funds under the \n medicare trust program; and\n (ii) under subparagraph (A)(ii) shall \n include suspending or terminating the \n demonstration project (in whole or in part) or \n substitution of a lower percentage for 95 \n percent under subsection (a)(1).\n\nSEC. 4. EVALUATION AND REPORTS.\n\n (a) Annual Report by Independent Entity.--\n (1) In general.--The Secretaries shall arrange for an \n independent entity with expertise in the evaluation of health \n services to conduct an ongoing evaluation of the demonstration \n project.\n (2) Annual reports.--The entity shall submit a report on \n the project jointly to the Secretaries and to the appropriate \n committees of the Congress not later than March 1 following \n each year during which the project is conducted.\n (3) Assessment.--Each such report shall include the results \n of the evaluation under subsection (a), including an assessment \n of each of the following:\n (A) The cost to the Department of Veterans Affairs \n of providing care to veterans under the project.\n (B) Compliance of participating facilities with \n applicable measures of quality of care, compared to \n such compliance for other medicare-participating \n facilities.\n (C) A comparison of the costs of facilities' \n participation in the program with the reimbursements \n provided for services of such facilities.\n (D) Any savings or costs to the medicare programs \n from the project.\n (E) Any change in access to care or quality of care \n for targeted medicare-eligible veterans participating \n in the project.\n (F) Any effect of the project on the access to care \n of veterans who did not participate in the project and \n of targeted medicare-eligible veterans.\n (b) Report on Extension and Expansion of Demonstration Project.--\nNot later than six months after the date of the submission of the final \nreport under subsection (a), the Secretaries shall submit to the \nCongress a report containing their recommendation as to--\n (1) whether to extend the demonstration project or make it \n permanent;\n (2) whether to expand the project to cover additional sites \n and areas and to increase the maximum amount of reimbursement \n under the project in any year; and\n (3) whether the terms and conditions of the project should \n be continued (or modified) if the project is extended or \n expanded.\n (c) Recommendation Concerning New Demonstration Project for Payment \nto Managed Health-Care Plans.--Not later than March 1, 1999, the \nSecretaries shall submit to the appropriate committees of the Congress \na report on the feasibility and advisability of establishing a new \ndemonstration project to reimburse the Secretary of Veterans Affairs \nunder section 1876(a) of the Social Security Act for health care \nservices furnished to targeted medicare-eligible veterans enrolled in \nmanaged health-care plans established by the Secretary.\n\nSEC. 5. DEFINITIONS.\n\n For the purpose of this Act:\n (1) Demonstration project; project.--The terms \n ``demonstration project'' and ``project'' mean the \n demonstration project carried out under section 2(a).\n (2) Geographic service area.--The term ``geographic service \n area'' means a field component of the Veterans Health \n Administration that--\n (A) is based on a geographic area which encompasses \n a population of veteran beneficiaries and is defined on \n the basis of natural patient referral patterns; and\n (B) provides health care through strategic \n alliances among Department of Veterans Affairs medical \n centers, clinics, and other sites.\n (3) Medicare program.--The term ``medicare program'' means \n the programs of health benefits provided under title XVIII of \n the Social Security Act (42 U.S.C. 1395 et seq.).\n (4) Secretary; secretaries.--Unless otherwise provided, the \n term ``Secretary'' means the Secretary of Veterans Affairs and \n the term ``Secretaries'' means the Secretary of Veterans \n Affairs and the Secretary of Health and Human Services acting \n jointly.\n (5) Targeted medicare-eligible veteran.--The term \n ``targeted medicare-eligible veteran'' means an individual--\n (A) who is a veteran (as defined in section 101(2) \n of title 38, United States Code) described in section \n 1710(a)(3) of title 38, United States Code;\n (B) who is entitled to hospital insurance benefits \n under part A of the medicare program and enrolled in \n the supplementary medical insurance program under part \n B of the medicare program; and\n (C) whose annual income is an amount between the \n applicable income threshold under section 1722(b) of \n title 38, United States Code, and the amount equal to \n three times the amount of such applicable income \n threshold.","summary":"Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities. And (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees. And (2) a report from the Secretaries to the Congress on possible project extension and expansion.","title":"Veterans Medicare Reimbursement Demonstration Act of 1997","text_len":17363,"sum_len":3063} {"bill_id":"110_hr608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Digital Television Consumer \nEducation Act of 2007''.\n\nSEC. 2. CONSUMER EDUCATION.\n\n (a) Consumer Education Requirements.--Section 330 of the \nCommunications Act of 1934 (47 U.S.C. 330) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d) Consumer Education Requirements Regarding Analog Receivers.--\n ``(1) Requirements for retailers.--Not later than 45 days \n after the date of enactment of the Digital Television Consumer \n Education Act of 2007--\n ``(A) any retail distributor that displays for sale \n or rent any analog-only television sets shall place \n conspicuously in the vicinity of such television sets a \n sign containing, in clear and conspicuous print, the \n consumer alert described in paragraph (2); and\n ``(B) any retail distributor that offers for sale \n or rent such television sets via direct mail, catalog, \n or electronic means shall prominently display in the \n vicinity of all advertisements or descriptions of such \n television sets, in clear and conspicuous print, the \n consumer alert described in paragraph (2).\n ``(2) Digital television transition information.--The \n consumer alert required by this paragraph shall read as \n follows:\n ```consumer alert\n ```This TV has only an analog broadcast tuner and \n will require a converter box after February 17, 2009, \n to receive over-the-air broadcasts with an antenna \n because of the Nation's transition to digital \n broadcasting. The TV should continue to work as before \n with cable and satellite TV services, gaming consoles, \n VCRs, DVD players, and similar products. For more \n information, call the Federal Communications Commission \n at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the \n Commission's digital television website at: \n www.dtv.gov.'.\n ``(3) MVPD outreach.--During the period beginning May 1, \n 2007, and ending February 17, 2009, each multichannel video \n programming distributor (as such term is defined in section 602 \n of this Act) shall include a notice in any monthly or other \n periodic bill that informs consumers of--\n ``(A) the digital television transition; and\n ``(B) the options consumers have after the \n transition to continue to receive broadcast \n programming, including over the air or through a \n multichannel video programming distribution service.\n ``(4) Broadcaster outreach.--During the period beginning on \n May 1, 2007, and ending November 3, 2008, each full-power \n commercial television broadcast licensee or permittee shall \n file, at least once every 90 days, either individually or \n jointly (such as through an association), a report with the \n Commission indicating the steps each such licensee or permittee \n has taken during the preceding 90 days, and any steps such \n licensee or permittee plans to take in the 90 days following \n the report, to inform consumers of the information described in \n subparagraphs (A) and (B) of paragraph (3). Each such report \n shall indicate for each such licensee or permittee the time, \n frequency, and content of any public service announcements \n relating to the digital television transition that it has \n aired, or that it has not aired any.\n ``(5) Penalty.--In addition to any other civil or criminal \n penalty provided by law, the Commission may issue civil \n forfeitures for violations of the requirements of this \n subsection in an amount equal to not more than 3 times the \n amount of the forfeiture penalty established by section \n 503(b)(2)(A).\n ``(6) Sunset.--The requirements of this subsection shall \n cease to apply on December 1, 2009.\n ``(7) Definition.--For the purposes of this subsection, the \n term `analog-only television set' means any apparatus that--\n ``(A) is designed to receive broadcast television \n signals;\n ``(B) has an integrated display screen or is sold \n in a bundle with a display screen; and\n ``(C) is not capable of receiving broadcast signals \n in the digital television service.''.\n (b) Commission Outreach.--\n (1) In general.--Not later than 30 days after the date of \n enactment of this Act, the Federal Communications Commission \n shall establish and maintain a digital television transition \n public outreach program. The Commission may seek the assistance \n of private entities, such as broadcasters, manufacturers, \n retailers, multichannel video programming distributors, and \n consumer groups in administering the program. The digital \n television transition public outreach program shall educate \n consumers about--\n (A) the digital television transition;\n (B) the options consumers have after the transition \n to continue to receive broadcast programming, including \n over the air or through a multichannel video \n programming distribution service; and\n (C) the converter-box program under section 3005 of \n the Digital Television Transition and Public Safety Act \n of 2005 (47 U.S.C. 309 note).\n (2) Website.--The Commission shall maintain and publicize a \n website, or an easily accessible page on its website, \n containing the digital television transition public outreach \n information required under paragraph (1), as well as any links \n to other websites the Commission determines to be appropriate.\n (3) DTV working group on consumer outreach and \n assistance.--\n (A) In general.--Not later than 30 days after the \n date of enactment of this Act, the Federal \n Communications Commission shall establish an advisory \n committee, to be known as the DTV Working Group, to \n consult with State and local governments, providers of \n low-income assistance programs, educational \n institutions, community groups, and the National \n Telecommunications and Information Administration to \n promote consumer outreach and assistance regarding the \n digital television transition and the converter-box \n program under section 3005 of the Digital Television \n Transition and Public Safety Act of 2005 (47 U.S.C. 309 \n note).\n (B) Membership.--The Federal Communications \n Commission shall invite to participate in the DTV \n Working Group representatives of groups involved with \n the transition to digital television, including the \n Commission, the National Telecommunications and \n Information Administration, other relevant Federal \n agencies, commercial and noncommercial television \n broadcasters, multichannel video programming \n distributors, consumer electronics manufacturers and \n manufacturers of peripheral devices, broadcast antenna \n and tuner manufacturers, retail providers of consumer \n electronics equipment, consumer groups, and public \n interest groups (including the American Association of \n Retired Persons and the Seniors Coalition). Members of \n the DTV Working Group shall serve without compensation \n and shall not be considered Federal employees by reason \n of their service on the advisory committee.\n (C) Purposes.--The purposes of the DTV Working \n Group are--\n (i) to provide ongoing advice to the \n Federal Communications Commission in creating \n and implementing the public outreach program \n under this subsection;\n (ii) to advise the Commission about the \n procedures of the public outreach program \n including, at a minimum, recommended procedures \n for public service announcements by \n broadcasters, toll-free information hotlines, \n and retail displays or notices; and\n (iii) to provide to the Commission regular \n DTV Progress Reports that reflect ongoing and \n planned efforts by the private sector, both \n nationally and in individual television \n broadcast markets, to inform consumers about \n the digital television transition.\n (c) Converter-Box Energy Standards.--Section 3005 of the Digital \nTelevision Transition and Public Safety Act of 2005 (47 U.S.C. 309 \nnote) is amended by adding at the end the following new subsection:\n ``(e) Converter-Box Energy Standards.--\n ``(1) Energy standards.--Not later than 90 days after the \n date of enactment of the Digital Television Consumer Education \n Act of 2007, the Assistant Secretary of Commerce for \n Communications and Information shall establish energy \n consumption standards applicable to digital-to-analog converter \n boxes (as defined in subsection (d)) in order for such boxes to \n qualify for purchase with coupons made available under this \n section.\n ``(2) Inapplicability.--Notwithstanding any other provision \n of law, the standards described in paragraph (1) shall be the \n exclusive energy consumption standards for converter boxes \n manufactured or imported for use in the United States on and \n after the effective date established by the Assistant Secretary \n and until January 1, 2010.''.\n\nSEC. 3. PROGRESS REPORTS.\n\n (a) During the period beginning on June 1, 2007, and ending on \nDecember 1, 2008, the Federal Communications Commission shall submit a \nreport, not less than once every 180 days, to the Committee on Energy \nand Commerce of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate. Such reports shall \ninclude information regarding--\n (1) the status of the Commission's international \n coordination efforts with Canada and Mexico of the digital \n television service table of allotments; and\n (2) the Commission's consumer education efforts, as well as \n the consumer education efforts of broadcasters, multichannel \n video programming distributors, consumer electronics \n manufacturers, retailers, and consumer groups.\n (b) During the period beginning on April 1, 2008, and ending on \nOctober 1, 2009, the Assistant Secretary of the National \nTelecommunications and Information Administration shall submit a \nreport, not less than once every 90 days, to the Committee on Energy \nand Commerce of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate summarizing the \nprogress of coupon distribution and redemption under Section 3005 of \nthe Digital Television Transition and Public Safety Act of 2005 (47 \nU.S.C. 309 note), including--\n (1) the number of coupons distributed and redeemed;\n (2) the amount of time it takes for coupons to be \n distributed and redeemed; and\n (3) the cost of the coupons and administrative costs, to \n date.","summary":"Digital Television Consumer Education Act of 2007 - Amends the Communications Act of 1934 to require through December 1, 2009: (1) retail distributors that sell or rent televisions with analog receivers, including distributors that sell by direct mail or electronic means, to prominently display a specified consumer alert respecting digital television transition information. (2) multichannel video programming distributors to include specified transition information in consumer bills. And (3) full-power commercial television broadcast licensees or permittees to report at least quarterly to the Federal Communications Commission (FCC) respecting transition education efforts to consumers. Authorizes the FCC to issue civil forfeitures for violations of such requirements. Requires the FCC to establish: (1) a digital television public outreach program, including FCC website information. And (2) the DTV Working Group to consult with state and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach regarding such transition and the converter-box program. Amends the Digital Television Transition and Public Safety Act of 2005 to require the Assistant Secretary of Commerce for Communications and Information to establish energy consumption standards applicable to digital-to-analog converter boxes in order for such boxes to qualify for certain coupon purchases. States that such standards shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010.","title":"To further inform consumers about the transition to digital television.","text_len":12440,"sum_len":1767} {"bill_id":"103_hr3975","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Defense Overseas \nEducators Act''.\n\nSEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED \n TEACHERS.\n\n (a) Definitions.--For the purpose of this section--\n (1) the term ``agency'' means an Executive agency (as \n defined by section 105 of title 5, United States Code), \n excluding the General Accounting Office;\n (2) the term ``DoDDS teacher'' means a teacher within the \n meaning of section 2(2) of the Defense Department Overseas \n Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)); \n and\n (3) the term ``displaced employee'' means--\n (A) a DoDDS teacher who has been given specific \n notice that such individual is to be separated due to a \n reduction in force; and\n (B) any individual who has been involuntarily \n separated from service as a DoDDS teacher due to a \n reduction in force.\n (b) Consideration for Vacant Positions.--In accordance with \nregulations which the Office of Personnel Management shall prescribe \n(consistent with otherwise applicable provisions of law), an agency \nshall, in filling a vacant position for which a qualified displaced \nemployee has applied in timely fashion, give full consideration to the \napplication of the displaced employee before selecting any candidate \nfrom outside the agency for the position.\n (c) Limitation.--A displaced employee shall remain entitled to the \nconsideration described in subsection (b) until the end of the 12-month \nperiod beginning on--\n (1) the date such employee receives the specific notice \n described in subsection (a)(3)(A); or\n (2) if the employee is involuntarily separated (as \n described in subsection (a)(3)(B)), the effective date of the \n separation.\n (d) Applicability.--\n (1) In general.--This section shall apply to any individual \n who--\n (A) becomes a displaced employee during the 12-\n month period ending on the day before the date of \n enactment of this Act; or\n (B) becomes a displaced employee on or after the \n date of enactment of this Act and before October 1, \n 1997.\n (2) Rule for applying the 12-month limitation to current \n displaced employees.--For the purpose of any displaced employee \n described in paragraph (1)(A), the 12-month period under \n subsection (c) shall be considered to begin on the date of \n enactment of this Act, rather than the date which would \n otherwise be required by subsection (c).\n (3) Positions to which this section shall not apply.--\n Nothing in this section shall be considered to apply with \n respect to any position--\n (A) which has been filled as of the date of \n enactment of this Act; or\n (B) which has been excepted from the competitive \n service because of its confidential, policy-\n determining, policy-making or policy-advocating \n character.\n\nSEC. 3. TEACHER RECRUITMENT.\n\n (a) Amendment Relating to Benefits for Teachers Recruited Abroad.--\n (1) In general.--Section 5 of the Defense Department \n Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. \n 903) is amended by redesignating subsection (d) as subsection \n (e), and by inserting after subsection (c) the following:\n ``(d)(1) Each individual recruited outside the United States for \nservice in a teaching position shall, after such individual completes 1 \nfull school year of service in a teaching position, be entitled to the \nsame benefits as an individual recruited in the United States, to the \nextent that such benefits are based on service in a teaching position.\n ``(2)(A) Paragraph (1) shall not apply in the case of any \nindividual who is the spouse of, and residing in the same household as, \na member of a uniformed service who is eligible (as such a member) for \nbenefits comparable to those described in section 7 or 8 of this Act.\n ``(B) An individual shall not be considered to have ceased to \nreside in the same household as a member if due to a reassignment of \nsuch member for 90 days or less.''.\n (2) Service to be considered.--In administering the \n amendment made by paragraph (1), service performed before, on, \n or after the date of enactment of this Act shall be considered.\n (b) Amendment Relating to the Definition of a ``Teaching \nPosition''.--Paragraph (1) of section 2 of the Defense Department \nOverseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is \namended by striking the period at the end of subparagraph (B)(iii) and \ninserting a comma, and by adding at the end of such paragraph the \nfollowing:\n ``including those cases in which such duties and \n responsibilities are performed--\n ``(I) in a substitute capacity;\n ``(II) as a summer school teacher;\n ``(III) as an instructor for the Junior Reserve \n Officers' Training Corps;\n ``(IV) as a paraprofessional or teacher aide;\n ``(V) for a definite term, not to exceed 1 school \n year, in the excepted service; or\n ``(VI) for an indefinite term in the excepted \n service.''.\n\nSEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION.\n\n (a) Compensation; Leave Transfers.--The Defense Department Overseas \nTeachers Pay and Personnel Practices Act (20 U.S.C. 901 and following) \nis amended--\n (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and\n (2) in section 6 by adding at the end the following:\n ``(h) The Director of Dependents' Education, in consultation with \nthe Director of the Office of Personnel Management, shall establish for \nteachers--\n ``(1) a voluntary leave transfer program similar to the one \n under subchapter III of chapter 63 of title 5, United States \n Code; and\n ``(2) a voluntary leave bank program similar to the one \n under subchapter IV of chapter 63 of title 5, United States \n Code.''.\n (b) Recertification.--Paragraph (5) of section 1413 of the Defense \nDependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read \nas follows:\n ``(5) provide for a recertification program for \n professional personnel employed in the system to obtain not \n more than 6 semester-hours of graduate or undergraduate \n coursework in any discipline or subject area taught by schools \n of the defense dependents' education system, and''.\n (c) Applicability.--The amendments made by subsection (a)(1)--\n (1) shall apply with respect to compensation for service \n performed in fiscal years beginning more than 90 days after the \n date of enactment of this Act; and\n (2) shall be deemed not to have been enacted for purposes \n of determining compensation for service performed before the \n first fiscal year to which such amendments apply under \n paragraph (1).\n\nSEC. 5. CONTINUED HEALTH BENEFITS.\n\n (a) In General.--Section 8905a(d) of title 5, United States Code, \nis amended--\n (1) in paragraph (1)(A) by striking ``Except as provided in \n paragraph (4),'' and inserting ``Except as provided in \n paragraph (4) or (5),'';\n (2) in paragraph (2) by striking ``in accordance with \n paragraph (1) or (4),'' and inserting ``in accordance with \n paragraph (1), (4), or (5),''; and\n (3) by adding at the end the following:\n ``(5)(A) For the purpose of this paragraph, the term `teaching \nposition' has the meaning given such term under section 2(1) of the \nDefense Department Overseas Teachers Pay and Personnel Practices Act.\n ``(B) If the basis for continued coverage under this section is an \ninvoluntary separation from a teaching position due to a reduction in \nforce--\n ``(i) the individual shall be liable for not more than the \n employee contributions referred to in paragraph (1)(A)(i); and\n ``(ii) the agency which last employed the individual shall \n pay the remaining portion of the amount required under \n paragraph (1)(A).\n ``(C) This paragraph shall apply with respect to any individual \nwhose continued coverage is based on a separation occurring on or after \nthe date of enactment of this paragraph and before--\n ``(i) October 1, 1997; or\n ``(ii) February 1, 1998, if specific notice of such \n separation was given to such individual before October 1, \n 1997.''.\n (b) Source of Payments.--Any amount which becomes payable by an \nagency as a result of the enactment of subsection (a) shall be paid out \nof funds or appropriations available for salaries and expenses of such \nagency.","summary":"Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents . Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.","title":"Department of Defense Overseas Educators Act","text_len":9225,"sum_len":931} {"bill_id":"108_hr1510","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voter Outreach and Turnout Expansion \nAct of 2003''.\n\n TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS\n\nSEC. 101. SAME-DAY VOTER REGISTRATION.\n\n (a) In General.--Section 303 of the Help America Vote Act of 2002 \n(42 U.S.C. 15483) is amended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following new \n subsection:\n ``(d) Permitting Voter Registration on Date of Election.--\n ``(1) In general.--At each polling place in a State at \n which ballots are cast in an election for Federal office, an \n individual may register to vote on the date of the election, \n and may cast a vote at the polling place in the election, if \n the individual--\n ``(A) completes an application for voter \n registration in accordance with the requirements of \n this Act and other applicable law; and\n ``(B) executes a written affirmation before an \n election official at the polling place stating that the \n individual is eligible to register to vote in the \n jurisdiction in which the individual desires to vote \n and has not already voted in the election.\n ``(2) Transmittal of completed applications to state \n election official.--An appropriate official at a polling place \n shall transmit any voter registration application accepted \n under this subsection to the appropriate State election \n official at the time the official at the polling place \n transmits the ballots cast at the polling place to the \n official.\n ``(3) Notice to individuals filing voter registration \n applications after deadline.--If an individual's application \n for voter registration prior to the date of an election is \n received by the appropriate election official after the \n deadline for receipt of applications with respect to the \n election under State law, the official shall transmit a notice \n to the individual stating that the application was received \n after the deadline and that the individual may register to vote \n at the polling place on the date of the election in accordance \n with this subsection.\n ``(4) Requirements under national voter registration act of \n 1993.--In carrying out this subsection, a polling place in a \n State shall meet the requirements applicable to a voter \n registration agency designated by the State under section \n 7(a)(2) of the National Voter Registration Act of 1993 (42 \n U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and \n (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg-\n 5(a)(6)(B)) shall not apply with respect to any of the voter \n registration forms distributed by the polling place pursuant to \n this subsection.''.\n (b) Inclusion in Voting Information Requirements.--Section \n302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended--\n (1) in subparagraph (E), by inserting ``and the right to \n register to vote at the polling place on the date of an \n election and vote in that election'' after ``provisional \n ballot'';\n (2) by redesignating subparagraphs (E) and (F) as \n subparagraphs (F) and (G); and\n (3) by inserting after subparagraph (D) the following new \n subparagraph:\n ``(E) instructions for individuals registering to \n vote at the polling place under section 303(d);''.\n (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. \n15483(e)), as redesignated by subsection (a), is amended by adding at \nthe end the following new paragraph:\n ``(3) Requirement for voter registration on date of \n election.--Each State and jurisdiction shall be required to \n comply with the requirements of subsection (d) on and after \n January 1, 2004.''.\n\nSEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION; \n PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY \n REASON.\n\n (a) In General.--The Help America Vote Act of 2002 is amended--\n (1) by redesignating sections 304 and 305 as sections 305 \n and 306; and\n (2) by inserting after section 303 the following new \n section:\n\n``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING.\n\n ``(a) Requiring Jurisdictions To Establish Early Voting Sites.--\n ``(1) In general.--Each jurisdiction in a State which \n administers an election for Federal office shall designate \n early voting sites within the jurisdiction to serve as polling \n places for the election prior to the date of the election, and \n shall permit any individual who is registered to vote in the \n election and eligible to cast a ballot at any polling place \n within the jurisdiction to cast the ballot at the site.\n ``(2) Treatment of ballots cast at sites.--After a ballot \n is cast for an election at an early voting site under this \n subsection, the ballot shall be held and tabulated by the \n jurisdiction in the same manner as an absentee ballot cast for \n the election.\n ``(3) Period of operation.--The jurisdiction shall operate \n the early voting sites designated under this subsection for an \n election during such period as it considers appropriate, except \n that--\n ``(A) the period may not begin later than the 22nd \n day before the date of the election or the date on \n which the ballots for the election are available to be \n cast (whichever occurs later); and\n ``(B) at least 2 of the days during the period \n shall be weekend days.\n ``(4) Conditions for designation and distribution of \n sites.--The number of early voting sites of a jurisdiction and \n the location of such sites within the jurisdiction shall be \n determined by the jurisdiction, subject to the following \n conditions:\n ``(A) To the greatest extent practicable, the \n jurisdiction shall designate sites which are also \n designated as voter registration agencies under section \n 7 the National Voter Registration Act of 1993 (42 \n U.S.C. 1973gg-5).\n ``(B) The aggregate number of voting systems used \n in all such sites in the jurisdiction may not be less \n than 25 percent of the total number of voting systems \n which will be used in all polling places in the \n jurisdiction on the date of the election.\n ``(C) At least one of the sites selected, and the \n voting system used at such site, shall be accessible \n for individuals with disabilities (including the blind \n and visually impaired).\n ``(D) The geographic distribution of the sites \n shall reflect the geographic distribution of the voting \n age population of the jurisdiction.\n ``(E) In establishing sites, the jurisdiction shall \n comply with the applicable requirements of the Voting \n Rights Act of 1965 (42 U.S.C. 1973 et seq.).\n ``(b) Permitting Voters To Obtain Absentee Ballots for Any \nReason.--No State election official may require an individual who \nrequests an absentee ballot for an election to provide a reason for the \nrequest, or to otherwise provide any proof of the individual's need for \nan absentee ballot, as a condition of obtaining the ballot.''.\n (b) Conforming Amendments.--\n (1) Deadline for adoption of voluntary guidance by election \n assistance commission.--Section 311(b) of such Act (42 U.S.C. \n 15501(b)) is amended--\n (A) by striking ``and'' at the end of paragraph \n (2);\n (B) by striking the period at the end of paragraph \n (3) and inserting ``; and''; and\n (C) by adding at the end the following new \n paragraph:\n ``(4) in the case of recommendations with respect to \n section 304, January 1, 2004.''.\n (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) \n is amended by striking ``and 303'' and inserting ``303, and \n 304''.\n (c) Clerical Amendment.--The table of sections for subtitle A of \ntitle III of such Act is amended--\n (1) by redesignating the items relating to sections 304 and \n 305 as items relating to sections 305 and 306; and\n (2) by inserting after the item relating to section 303 the \n following new item:\n\n ``Sec. 304. Promoting early and absentee voting.''.\n\nSEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO \n COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION \n APPLICATIONS.\n\n Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 \nU.S.C. 15483(b)(4)(B)) is amended to read as follows:\n ``(B) Incomplete forms.--If an applicant for voter \n registration with respect to an election fails to \n answer any of the questions included on the mail voter \n registration form pursuant to subparagraph (A), or \n otherwise fails to provide any information required to \n be provided on the form, the registrar shall--\n ``(i) notify the applicant of the failure \n and of the opportunity for the applicant to \n register to vote at the polling place on the \n date of the election in accordance with \n subsection (d); and\n ``(ii) if the form was received by the \n registrar within the deadline under State law \n for the receipt of voter registration \n applications with respect to the election, \n provide the applicant with an opportunity to \n complete the form in a timely manner to allow \n for the completion of the registration form \n prior to the election.''.\n\nSEC. 104. ADDITIONAL FUNDING.\n\n Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. \n15407(a)) is amended--\n (1) in paragraph (1), by striking ``$1,400,000,000'' and \n inserting ``$1,405,000,000'';\n (2) in paragraph (2), by striking ``$1,000,000,000'' and \n inserting ``$1,005,000,000''; and\n (3) in paragraph (3), by striking ``$600,000,000'' and \n inserting ``$605,000,000''.\n\nSEC. 105. EFFECTIVE DATE.\n\n The amendments made by this title shall take effect as if included \nin the enactment of the Help America Vote Act of 2002.\n\n TITLE II--REMOVING OTHER BARRIERS TO VOTING\n\nSEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR \n PURPOSES OF FEDERAL EMPLOYMENT.\n\n (a) Sense of Congress.--It is the sense of Congress that--\n (1) many Americans do not vote on Election Day because of \n conflicting work schedules;\n (2) Federal, State, and local governments should share the \n responsibility for increasing voter turnout on Election Day;\n (3) States should establish Election Day as a legal public \n holiday in each year and should provide full paid leave for \n State government employees on Election Day; and\n (4) the treatment of Election Day in the same manner as \n Veterans Day for purposes of laws relating to Federal \n employment will lead to increased voter turnout and will \n increase the availability of poll workers and suitable polling \n places.\n (b) Treatment of Election Day in Same Manner as Veterans Day for \nPurposes of Federal Employment.--For purposes of any law relating to \nFederal employment, the Tuesday next after the first Monday in November \nin 2004 and each even-numbered year thereafter shall be treated in the \nsame manner as November 11.\n\nSEC. 202. VOTING LEAVE.\n\n (a) In General.--Each employee of an employer may take up to 2 \nhours of leave (or up to 3 hours of leave, in the case of an employee \nwhose workplace is further than 25 miles from the polling place at \nwhich the employee is eligible to cast a ballot under State law) in \norder to vote on any workday on which an election for Federal office is \nheld.\n (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other \nprovision of law, leave granted under this subsection may be unpaid \nleave or paid leave.\n (c) Duties of Employee.--An employee taking leave under this \nsubsection shall make a reasonable effort to schedule the leave so as \nnot to disrupt unduly the operations of the employer, shall provide \nsuch notice prior to taking leave as is practicable, and shall make a \nreasonable effort to vote.\n (d) No Loss of Benefits.--The taking of leave under this subsection \nshall not result in the loss of any employment benefit accrued prior to \nthe date on which the leave commenced.\n (e) Prohibited Acts.--\n (1) Exercise of rights.--It shall be unlawful for any \n employer to interfere with, restrain, or deny the taking of or \n the attempt to take any leave provided under this subsection.\n (2) Discrimination.--It shall be unlawful for any employer \n to discharge or in any other manner discriminate against any \n individual for--\n (A) opposing any practice made unlawful by this \n subsection;\n (B) filing any charge, or instituting or causing to \n be instituted any proceeding, under or related to this \n subsection;\n (C) giving or preparing to give any information in \n connection with any inquiry or proceeding relating to \n any leave provided under this subsection; or\n (D) testifying or preparing to testify in any \n inquiry or proceeding relating to any leave provided \n under this subsection.\n (f) Investigative Authority.--The Secretary of Labor shall have \ninvestigative authority with respect to the provisions of this \nsubsection in the same manner and under the same terms and conditions \nas the investigative authority provided under section 106 of the Family \nand Medical Leave Act of 1993, and the requirements of section 106 of \nsuch Act shall apply to employers under this subsection in the same \nmanner as such requirements apply to employers under section 106 of \nsuch Act.\n (g) Enforcement.--The provisions of section 107 of the Family and \nMedical Leave Act of 1993 shall apply with respect to the enforcement \nof the requirements of this subsection in the same manner and under the \nsame terms and conditions as such provisions apply with respect to the \nenforcement of the requirements of title I of such Act.\n (h) Employer Defined.--In this section, the term ``employer'' means \nany person engaged in commerce or in any industry or activity affecting \ncommerce who employs 25 or more employees during a calendar year, and \nincludes any person who acts, directly or indirectly, in the interest \nof an employer to any of the employees of such employer and any \nsuccessor in interest of an employer. In the previous sentence, the \nterms ``commerce'' and ``industry or activity affecting commerce'' have \nthe meaning given such terms in section 101(1) of the Family and \nMedical Leave Act of 1993.\n (i) Nondiscrimination.--The implementation and enforcement of this \nsection shall be in compliance with the Voting Rights Act of 1965.\n (j) Effective Date.--This section shall apply with respect to \nelections occurring after January 2004.\n\nSEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS \n AND VOTING MATERIALS.\n\n It is the sense of Congress that the distribution of sample \nballots, information on voting, and other voter education materials \nwill help to prevent errors by voters at the polls and to reduce the \nrates of spoiled ballots, and Congress encourages States and other \njurisdictions which administer elections to distribute these materials \nto registered voters prior to elections.","summary":"Voter Outreach and Turnout Expansion Act of 2003 - Amends the Help America Vote Act of 2002 to: (1) permit an individual to register to vote on the date of the election at each polling place in a State at which ballots are cast in an election for Federal office. And (2) require each jurisdiction in a State which administers an election for Federal office to designate early voting sites to serve as polling places for the election prior to the election date, and to permit any registered voter to cast a ballot at the site. Expresses the sense of Congress that: (1) many Americans do not vote on Election Day because of conflicting work schedules. (2) Federal, State, and local governments should share the responsibility for increasing voter turnout. (3) States should establish Election Day as a legal public holiday and provide full paid leave for State government employees. And (4) the treatment of Election Day in the same manner as Veterans Day for purposes of law relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places. Sets out requirements for employee voting leave. Expresses the sense of Congress encouraging State and other jurisdictions to distribute sample ballots, information on voting, and other voter education materials as an aid to preventing errors by voters at the polls and reducing the rates of spoiled ballots.","title":"To amend the Help America Vote Act of 2002 to require States to permit individuals to register to vote at polling places on the date of an election, to cast ballots at designated polling places prior to the date of an election, and to obtain absentee ballots for an election for any reason, and for other purposes.","text_len":16847,"sum_len":1430} {"bill_id":"111_s1124","text":"SECTION 1. VESSEL SIZE LIMITS FOR FISHERY ENDORSEMENTS.\n\n (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title \n46, United States Code, is amended--\n (1) in subparagraph (A)--\n (A) in clause (i), by adding ``and'' at the end;\n (B) in clause (ii) by striking ``and'' at the end; \n and\n (C) by striking clause (iii);\n (2) in subparagraph (B), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(C) the vessel is either a rebuilt vessel or a \n replacement vessel under section 208(g) of the American \n Fisheries Act (title II of division C of Public Law \n 105-277; 112 Stat. 2681-627) and is eligible for a \n fishery endorsement under this section.''.\n (b) Conforming Amendments.--\n (1) Vessel rebuilding and replacement.--Subsection (g) of \n section 208 of the American Fisheries Act (title II of division \n C of Public Law 105-277; 112 Stat. 2681-627) is amended to read \n as follows:\n ``(g) Vessel Rebuilding and Replacement.--\n ``(1) In general.--\n ``(A) Rebuild or replace.--Notwithstanding any \n limitation to the contrary on replacing, rebuilding, or \n lengthening vessels or transferring permits or licenses \n to a replacement vessel contained in sections 679.2 and \n 679.4 of title 50, Code of Federal Regulations, as in \n effect on the date of enactment of this subsection and \n except as provided in paragraph (4), the owner of a \n vessel eligible under subsection (a), (b), (c), (d), or \n (e) (other than paragraph (21)), in order to improve \n vessel safety and operational efficiencies (including \n fuel efficiency), may rebuild or replace that vessel \n (including fuel efficiency) with a vessel documented \n with a fishery endorsement under section 12113 of title \n 46, United States Code.\n ``(B) Same requirements.--The rebuilt or \n replacement vessel shall be eligible in the same manner \n and subject to the same restrictions and limitations \n under such subsection as the vessel being rebuilt or \n replaced.\n ``(C) Transfer of permits and licenses.--Each \n fishing permit and license held by the owner of a \n vessel or vessels to be rebuilt or replaced under \n subparagraph (A) shall be transferred to the rebuilt or \n replacement vessel.\n ``(2) Recommendations of north pacific council.--The North \n Pacific Council may recommend for approval by the Secretary \n such conservation and management measures, including size \n limits and measures to control fishing capacity, in accordance \n with the Magnuson-Stevens Act as it considers necessary to \n ensure that this subsection does not diminish the effectiveness \n of fishery management plans of the Bering Sea and Aleutian \n Islands Management Area or the Gulf of Alaska.\n ``(3) Special rule for replacement of certain vessels.--\n ``(A) In general.--Notwithstanding the requirements \n of subsections (b)(2), (c)(1), and (c)(2) of section \n 12113 of title 46, United States Code, a vessel that is \n eligible under subsection (a), (b), (c), (d), or (e) \n (other than paragraph (21)) and that qualifies to be \n documented with a fishery endorsement pursuant to \n section 203(g) or 213(g) may be replaced with a \n replacement vessel under paragraph (1) if the vessel \n that is replaced is validly documented with a fishery \n endorsement pursuant to section 203(g) or 213(g) before \n the replacement vessel is documented with a fishery \n endorsement under section 12113 of title 46, United \n States Code.\n ``(B) Applicability.--A replacement vessel under \n subparagraph (A) and its owner and mortgagee are \n subject to the same limitations under section 203(g) or \n 213(g) that are applicable to the vessel that has been \n replaced and its owner and mortgagee.\n ``(4) Special rules for certain catcher vessels.--\n ``(A) In general.--A replacement for a covered \n vessel described in subparagraph (B) is prohibited from \n harvesting fish in any fishery (except for the Pacific \n whiting fishery) managed under the authority of any \n regional fishery management council (other than the \n North Pacific Council) established under section 302(a) \n of the Magnuson-Stevens Act.\n ``(B) Covered vessels.--A covered vessel referred \n to in subparagraph (A) is--\n ``(i) a vessel eligible under subsection \n (a), (b), or (c) that is replaced under \n paragraph (1); or\n ``(ii) a vessel eligible under subsection \n (a), (b), or (c) that is rebuilt to increase \n its registered length, gross tonnage, or shaft \n horsepower.\n ``(5) Limitation on fishery endorsements.--Any vessel that \n is replaced under this subsection shall thereafter not be \n eligible for a fishery endorsement under section 12113 of title \n 46, United States Code, unless that vessel is also a \n replacement vessel described in paragraph (1).\n ``(6) Gulf of alaska limitation.--Notwithstanding paragraph \n (1), the Secretary shall prohibit from participation in the \n groundfish fisheries of the Gulf of Alaska any vessel that is \n rebuilt or replaced under this subsection and that exceeds the \n maximum length overall specified on the license that authorizes \n fishing for groundfish pursuant to the license limitation \n program under part 679 of title 50, Code of Federal \n Regulations, as in effect on the date of enactment of this \n subsection.\n ``(7) Authority of pacific council.--Nothing in this \n section shall be construed to diminish or otherwise affect the \n authority of the Pacific Council to recommend to the Secretary \n conservation and management measures to protect fisheries under \n its jurisdiction (including the Pacific whiting fishery) and \n participants in such fisheries from adverse impacts caused by \n this Act.''.\n (2) Exemption of certain vessels.--Section 203(g) of the \n American Fisheries Act (title II of division C of Public Law \n 105-277; 112 Stat. 2681-620) is amended--\n (A) by inserting ``and'' after ``(United States \n official number 651041)'';\n (B) by striking ``, NORTHERN TRAVELER (United \n States official number 635986), and NORTHERN VOYAGER \n (United States official number 637398) (or a \n replacement vessel for the NORTHERN VOYAGER that \n complies with paragraphs (2), (5), and (6) of section \n 208(g) of this Act)''; and\n (C) by striking ``, in the case of the NORTHERN'' \n and all that follows through ``PHOENIX,''.\n (3) Fishery cooperative exit provisions.--Section 210(b) of \n the American Fisheries Act (title II of division C of Public \n Law 105-277; 112 Stat. 2681-629) is amended--\n (A) by moving the matter beginning with ``the \n Secretary shall'' in paragraph (1) 2 ems to the right; \n and\n (B) by adding at the end the following:\n ``(7) Fishery cooperative exit provisions.--\n ``(A) Fishing allowance determination.--For \n purposes of determining the aggregate percentage of \n directed fishing allowances under paragraph (1), when a \n catcher vessel is removed from the directed pollock \n fishery, the fishery allowance for pollock for the \n vessel being removed--\n ``(i) shall be based on the catch history \n determination for the vessel made pursuant to \n section 679.62 of title 50, Code of Federal \n Regulations, as in effect on the date of \n enactment of this paragraph; and\n ``(ii) shall be assigned, for all purposes \n under this title, in the manner specified by \n the owner of the vessel being removed to any \n other catcher vessel or among other catcher \n vessels participating in the fishery \n cooperative if such vessel or vessels remain in \n the fishery cooperative for at least one year \n after the date on which the vessel being \n removed leaves the directed pollock fishery.\n ``(B) Eligibility for fishery endorsement.--Except \n as provided in subparagraph (C), a vessel that is \n removed pursuant to this paragraph shall be permanently \n ineligible for a fishery endorsement, and any claim \n (including relating to catch history) associated with \n such vessel that could qualify any owner of such vessel \n for any permit to participate in any fishery within the \n exclusive economic zone of the United States shall be \n extinguished, unless such removed vessel is thereafter \n designated to replace a vessel to be removed pursuant \n to this paragraph.\n ``(C) Limitations on statutory construction.--\n Nothing in this paragraph shall be construed--\n ``(i) to make the vessels AJ (United States \n official number 905625), DONA MARTITA (United \n States official number 651751), NORDIC EXPLORER \n (United States official number 678234), and \n PROVIDIAN (United States official number \n 1062183) ineligible for a fishery endorsement \n or any permit necessary to participate in any \n fishery under the authority of the New England \n Fishery Management Council or the Mid-Atlantic \n Fishery Management Council established, \n respectively, under subparagraphs (A) and (B) \n of section 302(a)(1) of the Magnuson-Stevens \n Act; or\n ``(ii) to allow the vessels referred to in \n clause (i) to participate in any fishery under \n the authority of the Councils referred to in \n clause (i) in any manner that is not consistent \n with the fishery management plan for the \n fishery developed by the Councils under section \n 303 of the Magnuson-Stevens Act.''.","summary":"Revises provisions concerning fishery endorsements for specified vessels that are either over 165 feet, more than 750 or 1,900 gross measured tons, or with more than 3,000 shaft power and that have a certificate of documentation issued for a fishery endorsement effective after September 25, 1997, and not placed under foreign registry after October 21, 1998, to also require for eligibility purposes that the vessel be either a rebuilt or replacement vessel under specified provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act and be otherwise eligible. Sets forth rules under such provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act concerning: (1) recommendations of the North Pacific Council for the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska, (2) certain catcher vessels, (3) limitations on fishery endorsements. And (4) Gulf of Alaska groundfish fisheries limitations. Amends the American Fisheries Act with respect to: (1) the exemption of specified vessels. And (2) fishery allowances and the removal of a catcher vessel from the directed pollock fishery.","title":"A bill to amend title 46, United States Code, to modify the vessels eligible for a fishery endorsement, and for other purposes.","text_len":11939,"sum_len":1261} {"bill_id":"115_hr2663","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Home Health Documentation and \nProgram Improvement Act of 2017''.\n\nSEC. 2. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE ELIGIBILITY \n FOR HOME HEALTH SERVICES.\n\n (a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C. \n1395f(a)) is amended by inserting before ``For purposes of paragraph \n(2)(C),'' the following new sentence: ``For purposes of documentation \nfor physician certification and recertification made under paragraph \n(2) on or after January 1, 2018, and made with respect to home health \nservices furnished by a home health agency, in addition to using \ndocumentation in the medical record of the physician who so certifies \nor the medical record of the acute or post-acute care facility (in the \ncase that home health services were furnished to an individual who was \ndirectly admitted to the home health agency from such a facility), the \nSecretary shall use documentation in the medical record of the home \nhealth agency as supporting material, as appropriate to the case \ninvolved.''.\n (b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C. \n1395n(a)) is amended by inserting before ``For purposes of paragraph \n(2)(A),'' the following new sentence: ``For purposes of documentation \nfor physician certification and recertification made under paragraph \n(2) on or after January 1, 2018, and made with respect to home health \nservices furnished by a home health agency, in addition to using \ndocumentation in the medical record of the physician who so certifies \nor the medical record of the acute or post-acute care facility (in the \ncase that home health services were furnished to an individual who was \ndirectly admitted to the home health agency from such a facility), the \nSecretary shall use documentation in the medical record of the home \nhealth agency as supporting material, as appropriate to the case \ninvolved.''.\n\nSEC. 3. VOLUNTARY SETTLEMENT OF HOME HEALTH CLAIMS.\n\n (a) Settlement Process for Home Health Claims.--\n (1) In general.--Not later than one year after the date of \n enactment of this Act, the Secretary of Health and Human \n Services shall establish a settlement process under which a \n home health agency entitled to an eligible administrative \n appeal has the option to enter into a settlement with the \n Secretary that is reached in a manner consistent with the \n succeeding paragraphs of this subsection.\n (2) Process and consideration of home health claims.--A \n settlement under paragraph (1) with a home health agency that \n is with respect to an eligible administrative appeal may only \n be reached in accordance with the following process:\n (A) A settlement under such paragraph with the home \n health agency shall be with respect to all claims by \n such agency, subject to paragraph (4), that, as of the \n date of such settlement, are under an eligible \n administrative appeal.\n (B) For the duration of the settlement process with \n such agency, an eligible administrative appeal that is \n with respect to any such claim by such agency shall be \n suspended.\n (C) Under the settlement process, the Secretary \n shall determine an aggregate amount to be paid to the \n home health agency with respect to all claims by such \n agency that are under an eligible administrative appeal \n in the following manner:\n (i) The Secretary shall, for purposes of \n applying clause (ii) with respect to all \n settlements under paragraph (1), select a \n percentage. In selecting such percentage, the \n Secretary shall consider the percentage used \n under the Centers for Medicare & Medicaid \n Services hospital appeals settlement that began \n on October 31, 2014.\n (ii) The Secretary shall, with respect to \n each denied claim for such agency that is under \n an eligible administrative appeal, calculate an \n amount (referred to in this subparagraph as an \n ``individual claim amount'') by multiplying the \n net payable amount for such claim by the \n percentage selected under clause (i).\n (iii) Such aggregate amount with respect to \n such agency shall be determined by calculating \n the total sum of all the individual claim \n amounts calculated under clause (ii) with \n respect to such agency.\n (3) Effect of process.--\n (A) Effect of settlement.--\n (i) Further appeal.--As part of any \n settlement under paragraph (1) between a home \n health agency and the Secretary, such home \n health agency shall be required to forego the \n right to an administrative appeal under section \n 1869 of the Social Security Act (42 U.S.C. \n 1395ff) or section 1878 of such Act (42 U.S.C. \n 1395oo) (including any redetermination, \n reconsideration, hearing, or review) with \n respect to any claims for home health services \n that are subject to the settlement.\n (ii) Judicial review.--There shall be no \n administrative or judicial review under such \n section 1869 or otherwise of a settlement under \n paragraph (1) and the claims covered by the \n settlement.\n (B) Effect of no settlement.--In the event that the \n process described in paragraph (2) does not, with \n respect to a home health agency, result in a settlement \n under paragraph (1) with such agency, any appeal under \n such section 1869 that is with respect to a claim by \n such agency that was suspended pursuant to paragraph \n (2)(B) shall resume under such section.\n (4) Coordination with law enforcement.--The Secretary of \n Health and Human Services shall establish a process under which \n individuals in the Department of Health and Human Services \n responsible for executing a settlement under paragraph (1) may, \n in order to avoid the inadvertent settlement of cases that \n involve fraud or other criminal activity, coordinate with \n appropriate law enforcement agencies.\n (b) No Entitlement to Settlement Process.--Nothing in this section \nshall be construed as creating an entitlement to enter into a \nsettlement process established pursuant to subsection (a).\n (c) Eligible Administrative Appeal Defined.--For purposes of this \nsection, the term ``eligible administrative appeal'' means an appeal \nunder section 1869 of the Social Security Act (42 U.S.C. 1395ff) \n(including any redetermination, reconsideration, hearing, or review)--\n (1) that is with respect to one or more claims that--\n (A) are for home health services that--\n (i) were furnished on or after January 1, \n 2011, and before January 1, 2015; and\n (ii) were reasonable and necessary under \n section 1862(a)(1)(A) of such Act (42 U.S.C. \n 1395y(a)(1)(A)); and\n (B) were timely filed consistent with section \n 1814(a)(1) of such Act (42 U.S.C. 1395f(a)(1)) or \n sections 1835(a)(1) and 1842(b)(3) of such Act (42 \n U.S.C. 1395n(a)(1), 1395u(b)(3)); and\n (2) either--\n (A) was timely filed consistent with section 1869 \n of such Act (42 U.S.C. 1395ff) and is pending; or\n (B) for which the applicable time frame to file an \n appeal has not expired.\n (d) Conforming Amendment.--Section 1869 of the Social Security Act \n(42 U.S.C. 1395ff) is amended by adding at the end the following new \nsubsection:\n ``(j) Application With Respect to Certain Home Health Claims.--For \nthe application of the provisions of this section with respect to \ncertain claims for home health services that were furnished on or after \nJanuary 1, 2011, and before January 1, 2015, see section 3 of the Home \nHealth Documentation and Program Improvement Act of 2017.''.","summary":"Home Health Documentation and Program Improvement Act of 2017 This bill requiresnbsp, the Centers for Medicare amp, Medicaid Services (CMS)nbsp, to usenbsp, an individual's medical recordnbsp. From a home-health agency, as appropriate, to support certification of such individual's Medicare eligibility fornbsp. Home-health services. The bill requires the CMS to establish a process for home-health agencies that are entitled to an administrative appeal after being denied eligibility for Medicare reimbursement to, instead, enter into a settlement with the CMS.","title":"Home Health Documentation and Program Improvement Act of 2017","text_len":9063,"sum_len":562} {"bill_id":"113_hr4407","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wood Stove Regulatory Relief Act of \n2014''.\n\nSEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL \n HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW \n RESIDENTIAL MASONRY HEATERS.\n\n (a) Prohibition.--During the period specified in subsection (c), \nthe Administrator may not finalize, issue, implement, or enforce any \nrule described in subsection (b) unless such rule meets the \nrequirements described in subsection (d).\n (b) Rules.--Subsection (a) applies with respect to--\n (1) the proposed rule entitled ``Standards of Performance \n for New Residential Wood Heaters, New Residential Hydronic \n Heaters and Forced-Air Furnaces, and New Residential Masonry \n Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or \n any successor or substantially similar rule; and\n (2) any other rule under section 111 of the Clean Air Act \n (42 U.S.C. 7411) that is applicable to any new source that is a \n residential wood heater, a residential hydronic heater, a \n forced-air furnace, or a residential masonry heater.\n (c) Applicability.--This Act applies during the 8-year period \nbeginning on the date of enactment of this Act.\n (d) Requirements.--\n (1) Numeric emission limits.--During the period specified \n in subsection (c), in finalizing or issuing any rule described \n in subsection (b), the Administrator may not establish a \n particulate matter emissions limit--\n (A) for adjustable rate wood heaters or pellet \n heaters\/stoves that were, on or before the effective \n date of the rule, certified as being in compliance with \n any applicable standard of performance for particulate \n matter, that is less than 4.5 grams of particulate \n matter per hour;\n (B) for all other adjustable rate wood heaters, \n single burn rate wood heaters, or pellet heaters\/\n stoves, that is less than 4.5 grams of particulate \n matter per hour;\n (C) for any residential hydronic heater, that is \n less than 0.32 pound per million British thermal unit \n heat output as measured under ASTM E2618-13 ``Standard \n Test Method for Measurement of Particulate Emissions \n and Heating Efficiency of Solid Fuel-Fired Hydronic \n Heating Appliances'' using either cordwood or cribs; or\n (D) for any forced-air furnace, that is less than \n 0.93 pound per million British thermal unit heat \n output.\n (2) Transition period.--During the period specified in \n subsection (c), in finalizing or issuing any rule described in \n subsection (b), the Administrator shall--\n (A) with respect to a residential wood heater that \n was certified on or before the effective date of the \n rule by the Administrator as in compliance with any \n applicable emissions limit in effect prior to the date \n of enactment of this Act--\n (i) provide that such certification shall \n remain valid until the date that is five years \n after such heater was certified; and\n (ii) permit any such heater to be \n manufactured and sold at retail until the date \n that is five years after such heater was \n certified;\n (B) with respect to a forced-air furnace--\n (i) except as provided in clause (ii)--\n (I) that is manufactured on or \n before the effective date of such rule, \n permit such forced-air furnace to be \n sold at retail for a period of at least \n one year after such effective date; or\n (II) that is manufactured after the \n effective date of such rule, not \n require such forced-air furnace to meet \n any applicable particulate matter \n emissions limit set forth in such rule \n until the date that is at least one \n year after such effective date; or\n (ii) that was tested under Canadian \n Standards Administration B415.1-10 test \n protocol on or before the effective date of the \n rule and met a particulate matter emissions \n limit of 0.93 pound per million British thermal \n unit heat output, permit such forced-air \n furnace to be manufactured and sold at retail \n for a period of five years after such effective \n date; and\n (C) with respect to a hydronic heater that--\n (i) is a qualified model, deem such \n hydronic heater to be certified as in \n compliance with any otherwise applicable \n emissions limit under such rule for the \n duration of the period it would be considered a \n qualified model, but in no case for a period of \n less than 3 years beginning on the effective \n date of such rule; or\n (ii) is not a qualified model and that is \n manufactured on or before the effective date of \n such rule, permit such hydronic heater to be \n sold at retail for a period of at least one \n year after such effective date.\n (3) Certification procedures.--\n (A) Independent accredited third party testing and \n certification.--During the period specified in \n subsection (c), in finalizing or issuing any rule \n described in subsection (b), the Administrator shall \n provide that certifications of compliance with any \n applicable emissions limit under such rule be issued by \n independent third party laboratories accredited as \n certification bodies under ISO\/IEC 17065, based on \n testing performed by the certification body or another \n laboratory accredited under ISO\/IEC 17025 to perform \n certification testing.\n (B) Limited role of epa.--During the period \n specified in subsection (c), in finalizing or issuing \n any rule described in subsection (b), the Administrator \n shall provide that the Environmental Protection \n Agency's role in any certification or auditing process \n provided in such rule shall be limited to conducting \n selective audits of the testing, certification, and \n quality assurance\/quality control functions performed \n by certification bodies or test laboratories that are \n accredited by the ISO.\n (e) Definitions.--In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) ISO.--The term ``ISO'' means the International \n Organization for Standardization.\n (3) ISO\/IEC 17025.--The term ``ISO\/IEC 17025'' means the \n International Organization for Standardization\/International \n Electrotechnical Commission standard number 17025.\n (4) ISO\/IEC 17065.--The term ``ISO\/IEC 17065'' means the \n International Organization for Standardization\/International \n Electrotechnical Commission standard number 17065.\n (5) New source.--The term ``new source'' has the meaning \n given such term in section 111(a)(2) of the Clean Air Act (42 \n U.S.C. 7411(a)(2)).\n (6) Standard of performance.--The term ``standard of \n performance'' has the meaning given such term in section \n 111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)).\n (7) Qualified model.--The term ``qualified model'' means, \n with respect to a hydronic heater, a model that had been shown \n to meet performance levels established by the Administrator \n under a voluntary partnership program in effect prior to the \n date of enactment of this Act.","summary":"Wood Stove Regulatory Relief Act of 2014 - Prohibits the Administrator of the Environmental Protection Agency (EPA), for an eight-year period, from finalizing, issuing, implementing, or enforcing rules under the Clean Air Act applicable to any new source of air pollutants that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater unless the rules comply with this Act. Prohibits the Administrator from setting particulate matter emission limits below a specified threshold for adjustable rate wood heaters, single burn rate wood heaters, pellet heatersstoves, residential hydronic heaters, and forced-air furnaces. Phases in requirements for complying with emission limits. Sets forth provisions requiring third-party testing of compliance with emission limits.","title":"Wood Stove Regulatory Relief Act of 2014","text_len":9032,"sum_len":824} {"bill_id":"105_s2533","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hydroelectric Licensing Process \nImprovement Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) hydroelectric power is an irreplaceable source of \n clean, economic, renewable energy with the unique capability of \n supporting reliable electric service while maintaining \n environmental quality;\n (2) hydroelectric power is the leading renewable energy \n resource of the United States;\n (3) hydroelectric power projects provide multiple benefits \n to the United States, including recreation, irrigation, flood \n control, water supply, and fish and wildlife benefits;\n (4) in the next 15 years, the bulk of all non-Federal \n hydroelectric power capacity in the United States is due to be \n relicensed by the Federal Energy Regulatory Commission; and\n (5) the process of licensing hydroelectric projects by the \n Commission--\n (A) has become inefficient, because Federal \n agencies that participate in the process are not \n required to submit their mandatory and recommended \n conditions to the license by a time certain; and\n (B) does not produce optimal decisions, because the \n agencies are not required to consider a broad range of \n factors in determining those conditions.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to improve the hydroelectric licensing \nprocess by--\n (1) authorizing the Federal Energy Regulatory Commission to \n impose deadlines by which Federal agencies must submit proposed \n mandatory and recommended conditions to a license;\n (2) requiring the agencies to consider a broad range of \n factors in determining those conditions and to document the \n consideration of those factors; and\n (3) making other improvements to the licensing process.\n\nSEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO \n LICENSES.\n\n (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et \nseq.) is amended by adding at the end the following:\n\n``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS \n TO LICENSES.\n\n ``(a) Definitions.--In this section:\n ``(1) Condition.--The term `condition' means--\n ``(A) a condition to a license for a project on a \n Federal reservation determined by a consulting agency \n for the purpose of the first proviso of section 4(e); \n and\n ``(B) a prescription relating to the construction, \n maintenance, or operation of a fishway determined by a \n consulting agency for the purpose of the first sentence \n of section 18.\n ``(2) Consulting agency.--The term `consulting agency' \n means--\n ``(A) in relation to a condition described in \n paragraph (1)(A), the Federal agency with \n administrative jurisdiction over the reservation; and\n ``(B) in relation to a condition described in \n paragraph (1)(B), the Secretary of the Interior or the \n Secretary of Commerce, as appropriate.\n ``(b) Factors To Be Considered.--\n ``(1) In general.--In determining a condition, a consulting \n agency shall take into consideration--\n ``(A) the impacts of the condition on--\n ``(i) economic and power values;\n ``(ii) electric generation capacity and \n system reliability;\n ``(iii) air quality; and\n ``(iv) drinking, flood control, irrigation, \n navigation, or recreation water supply; and\n ``(B) compatibility with other conditions to be \n included in the license, including mandatory conditions \n of other agencies, when available.\n ``(2) Documentation.--\n ``(A) In general.--In the course of the \n consideration of factors under paragraph (1) and before \n any review under subsection (e), a consulting agency \n shall create written documentation detailing, among \n other pertinent matters, all proposals made, comments \n received, facts considered, and analyses made regarding \n each of those factors sufficient to demonstrate that \n each of the factors was given full consideration in \n determining the condition to be submitted to the \n Commission.\n ``(B) Submission to the commission.--A consulting \n agency shall include the documentation under \n subparagraph (A) in its submission of a condition to \n the Commission.\n ``(c) Scientific Review.--\n ``(1) In general.--Each condition determined by a \n consulting agency shall be subjected to appropriately \n substantiated scientific review.\n ``(2) Data.--For the purpose of paragraph (1), a condition \n shall be considered to have been subjected to appropriately \n substantiated scientific review if the review--\n ``(A) was based on current empirical data or field-\n tested data; and\n ``(B) was subjected to peer review.\n ``(d) Relationship to Impacts on Federal Reservation.--In the case \nof a condition for the purpose of the first proviso of section 4(e), \neach condition determined by a consulting agency shall be directly and \nreasonably related to the impacts of the project within the Federal \nreservation.\n ``(e) Administrative Review.--\n ``(1) Opportunity for review.--Before submitting to the \n Commission a proposed condition, and before a license applicant \n files a license application with the Commission, a consulting \n agency shall provide a license applicant an opportunity to \n obtain expedited review before an administrative law judge or \n other independent reviewing body of--\n ``(A) the reasonableness of the condition in light \n of the effect that implementation of the condition will \n have on the energy and economic values of a project; \n and\n ``(B) compliance by the consulting agency with the \n requirements of this section, including the requirement \n to consider the factors described in subsection (b)(1).\n ``(2) Completion of review.--\n ``(A) In general.--A review under paragraph (1) \n shall be completed not more than 180 days after the \n license applicant notifies the consulting agency of the \n request for review.\n ``(B) Failure to make timely completion of \n review.--If a consulting agency does not provide a \n license applicant a timely opportunity to review a \n proposed condition, the Commission may treat a \n condition submitted by the consulting agency as a \n recommendation is treated under section 10(j).\n ``(3) Remand.--If the administrative law judge or reviewing \n body finds that a proposed condition is unreasonable or that \n the consulting agency failed to comply with any of the \n requirements of this section, the administrative law judge or \n reviewing body shall--\n ``(A) render a decision that--\n ``(i) explains the reasons for a finding \n that the condition is unreasonable and may make \n recommendations that the administrative law \n judge or reviewing body may have for the \n formulation of a condition that would not be \n found unreasonable; or\n ``(ii) explains the reasons for a finding \n that a requirement was not met and may describe \n any action that the consulting agency should \n take to meet the requirement; and\n ``(B) remand the matter to the consulting agency \n for further action.\n ``(4) Submission to the commission.--Following \n administrative review under this subsection, a consulting \n agency shall--\n ``(A) take such action as the consulting agency \n determines to be appropriate to formulate a condition \n that is not unreasonable or to comply with the \n requirements of this section; and\n ``(B) include with its submission to the Commission \n of a proposed condition--\n ``(i) the record on administrative review; \n and\n ``(ii) documentation of any action taken \n following administrative review.\n ``(f) Deadline for Submission of Conditions.--\n ``(1) In general.--After an applicant files with the \n Commission an application for a license, the Commission may set \n a date by which a consulting agency shall file with the \n Commission a recommended or established condition.\n ``(2) Limitation.--Except as provided in paragraph (3), the \n date for submission shall be not greater than 1 year after the \n date on which the Commission gives the consulting agency notice \n that a license application is ready for environmental review.\n ``(3) Default.--If a consulting agency does not file a \n recommended or established condition to a license by the date \n set under paragraph (1)--\n ``(A) the consulting agency shall not thereafter \n have authority to recommend or establish a condition to \n the license; and\n ``(B) the Commission may, but shall not be required \n to, recommend or establish an appropriate condition to \n the license that--\n ``(i) furthers the interest sought to be \n protected by the provision of law that \n authorizes the consulting agency to propose or \n establish a condition to the license; and\n ``(ii) conforms to the requirements of this \n Act.\n ``(4) Extension.--The Commission may make 1 extension, of \n not more than 30 days, of a deadline set under paragraph (1).\n ``(g) Economic Analysis By the Commission.--The Commission shall \nconduct an economic analysis of each condition submitted by a \nconsulting agency to determine whether the condition would render the \nproject uneconomic.\n ``(h) Commission Determination on Effect of Conditions.--When \nrequested by a license applicant in a request for rehearing, the \nCommission shall make a written determination on whether a condition \nsubmitted by a consulting agency is--\n ``(1) in the public interest, as measured by the impact of \n the condition on the factors described in subsection (b)(1);\n ``(2) reasonable;\n ``(3) supported by substantial evidence; and\n ``(4) consistent with this Act and other terms and \n conditions to be included in the license.''.\n (b) Conforming and Technical Amendments.--\n (1) Section 4.--Section 4(e) of the Federal Power Act (16 \n U.S.C. 797(e)) is amended in the first proviso of the first \n sentence by inserting after ``conditions'' the following: ``, \n determined in accordance with section 32,''.\n (2) Section 18.--Section 18 of the Federal Power Act (16 \n U.S.C. 811) is amended in the first sentence by striking \n ``prescribed by the Secretary of Commerce'' and inserting \n ``prescribed, in accordance with section 32, by the Secretary \n of the Interior or the Secretary of Commerce, as appropriate''.\n\nSEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.\n\n Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as \namended by section 3) is amended by adding at the end the following:\n\n``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS.\n\n ``(a) Lead Agency Responsibility.--The Commission, as the lead \nagency for environmental reviews under the National Environmental \nPolicy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under \nthis part, shall conduct a single consolidated environmental review for \neach such project.\n ``(b) Deadlines.--\n ``(1) In general.--The Commission shall set a deadline for \n the submission of comments by Federal, State, and local \n government agencies in connection with the preparation of any \n environmental impact statement or environmental assessment \n required for a project.\n ``(2) Considerations.--In setting a deadline under \n paragraph (1), the Commission shall take into consideration--\n ``(A) the need of the license applicant for a \n prompt and reasonable decision;\n ``(B) the resources of interested Federal, State, \n and local government agencies; and\n ``(C) applicable statutory requirements.''.\n\nSEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.\n\n (a) In General.--Not later than 18 months after the date of \nenactment of this Act, the Federal Energy Regulatory Commission shall \nsubmit to the Committee on Energy and Natural Resources of the Senate \nand the Committee on Commerce of the House of Representatives a study \nof the feasibility of establishing a separate licensing procedure for \nsmall hydroelectric projects.\n (b) Definition of Small Hydroelectric Project.--The Commission may \nby regulation define the term ``small hydroelectric project'' for the \npurpose of subsection (a), except that the term shall include at a \nminimum a hydroelectric project that has a generating capacity of 5 \nmegawatts or less.","summary":"Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply. Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data. Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic. (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews. And (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.","title":"Hydroelectric Licensing Process Improvement Act of 1998","text_len":14564,"sum_len":1856} {"bill_id":"105_hr1302","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n (a) Short Title.--This Act may be cited as the ``Fair Pay Act of \n1997''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Fair Labor Standards Act of 1938.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Wage differentials exist between equivalent jobs \n segregated by sex, race, and national origin in Government \n employment and in industries engaged in commerce or in the \n production of goods for commerce:\n (2) The existence of such wage differentials--\n (A) depresses wages and living standards for \n employees necessary for their health and efficiency;\n (B) prevents the maximum utilization of the \n available labor resources;\n (C) tends to cause labor disputes, thereby \n burdening, affecting, and obstructing commerce;\n (D) burdens commerce and the free flow of goods in \n commerce; and\n (E) constitutes an unfair method of competition.\n (3) Discrimination in hiring and promotion has played a \n role in maintaining a segregated work force.\n (4) Many women and people of color work in occupations \n dominated by individuals of their same sex, race, and national \n origin.\n (5)(A) A General Accounting Office analysis of wages in the \n civil service of the State of Washington found that in 1985 of \n the 44 jobs studied that paid less than the average of all \n equivalent jobs, approximately 39 percent were female-dominated \n and approximately 16 percent were male dominated.\n (B) A study of wages in Minnesota using 1990 Decennial \n Census data found that 75 percent of the wage differential \n between white and non-white workers was unexplained and may be \n a result of discrimination.\n (6) Section 6(d) of the Fair Labor Standards Act of 1938 \n prohibits discrimination in compensation for ``equal work'' on \n the basis of sex.\n (7) Title VII of the Civil Rights Act of 1964 prohibits \n discrimination in compensation because of race, color, \n religion, national origin, and sex. The United States Supreme \n Court, in its decision in County of Washington v. Gunther, 452 \n U.S. 161 (1981), held that title VII's prohibition against \n discrimination in compensation also applies to jobs which do \n not constitute ``equal work'' as defined in section 6(d) of the \n Fair Labor Standards Act of 1938. Decisions of lower courts, \n however, have demonstrated that further clarification of \n existing legislation is necessary in order effectively to carry \n out the intent of Congress to implement the Supreme Court's \n holding in its Gunther decision.\n (8) Artificial barriers to the elimination of \n discrimination in compensation based upon sex, race, and \n national origin continue to exist more than 3 decades after the \n passage of section 6(d) of the Fair Labor Standards Act of 1938 \n and the Civil Rights Act of 1964. Elimination of such barriers \n would have positive effects, including--\n (A) providing a solution to problems in the economy \n created by discriminating wage differentials;\n (B) substantially reducing the number of working \n women and people of color earning low wages, thereby \n reducing the dependence on public assistance; and\n (C) promoting stable families by enabling working \n family members to earn a fair rate of pay.\n\nSEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.\n\n (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at \nthe end the following:\n ``(g)(1)(A) No employer having employees subject to any provisions \nof this section shall discriminate between its employees on the basis \nof sex, race, or national origin by paying wages to employees or groups \nof employees at a rate less than the rate at which the employer pays \nwages to employees or groups of employees of the opposite sex or \ndifferent race or national origin for work in equivalent jobs, except \nwhere such payment is made pursuant to a seniority system, a merit \nsystem, or a system which measures earnings by quantity or quality of \nproduction.\n ``(B) An employer who is paying a wage rate differential in \nviolation of subparagraph (A) shall not, in order to comply with the \nprovisions of such subparagraph, reduce the wage rate of any employee.\n ``(2) No labor organization or its agents representing employees of \nan employer having employees subject to any provision of this section \nshall cause or attempt to cause such an employer to discriminate \nagainst an employee in violation of paragraph (1)(A).\n ``(3) For purposes of administration and enforcement of this \nsubsection, any amounts owing to any employee which have been withheld \nin violation of paragraph (1)(A) shall be deemed to be unpaid minimum \nwages or unpaid overtime compensation under this section or section 7.\n ``(4) As used in this subsection:\n ``(A) The term `labor organization' means any organization \n of any kind, or any agency or employee representation committee \n or plan, in which employees participate and which exists for \n the purpose, in whole or in part, of dealing with employers \n concerning grievances, labor disputes, wages, rates of pay, \n hours of employment, or conditions of work.\n ``(B) The term `equivalent jobs' means jobs that may be \n dissimilar, but whose requirements are equivalent, when viewed \n as a composite of skills, effort, responsibility, and working \n conditions.''.\n (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is \namended in the matter before paragraph (1) by striking ``section 6(d)'' \nand inserting ``sections 6(d) and 6(g)''.\n\nSEC. 4. PROHIBITED ACTS.\n\n Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period \nat the end of paragraph (5) and inserting a semicolon and by adding \nafter paragraph (5) the following:\n ``(6) to discriminate against any individual because such \n individual has opposed any act or practice made unlawful by \n section 6(g) or because such individual made a charge, \n testified, assisted, or participated in any manner in an \n investigation, proceeding, or hearing under section 6(g); or\n ``(7) to discharge or in any other manner discriminate \n against, coerce, intimidate, threaten, or interfere with any \n employee or any other person because the employee inquired \n about, disclosed, compared, or otherwise discussed the \n employee's wages or the wages of any other employee, or because \n the employee exercised, enjoyed, aided, or encouraged any other \n person to exercise or enjoy any right granted or protected by \n section 6(g).''.\n\nSEC. 5. REMEDIES.\n\n Section 16 (29 U.S.C. 216) is amended--\n (1) by adding at the end the following:\n ``(f) In any action brought under this section for violation of \nsection 6(g), the court shall, in addition to any other remedies \nawarded to the prevailing plaintiff or plaintiffs, allow expert fees as \npart of the costs. Any such action may be maintained as a class action \nas provided by the Federal Rules of Civil Procedure.'';\n (2) in subsection (b), by striking ``section 15(a)(3)'' \n each place it occurs and inserting ``paragraphs (3), (6), and \n (7) of section 15(a)''; and\n (3) in the fourth sentence of subsection (b), by striking \n ``No employees'' and inserting ``Except with respect to class \n actions brought under subsection (f), no employees''.\n\nSEC. 6. RECORDS.\n\n Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' \nafter ``(c)'' and by adding at the end the following:\n ``(2)(A) Every employer subject to section 6(g) shall preserve \nrecords which document and support the method, system, calculations, \nand other bases used by the employer in establishing, adjusting, and \ndetermining the wages paid to the employees of the employer. Every \nemployer subject to section 6(g) shall preserve such records for such \nperiods of time and shall make such reports therefrom to the Equal \nEmployment Opportunity Commission as shall be prescribed by the Equal \nEmployment Opportunity Commission by regulation or order as necessary \nor appropriate for the enforcement of the provisions of section 6(g) or \nany regulations promulgated thereunder.\n ``(B) Every employer subject to section 6(g) shall file annually \nwith the Equal Employment Opportunity Commission a report signed by its \npresident, treasurer, or corresponding principal officer containing \ninformation in such detail as may be necessary accurately to disclose \nthe wage or salary rates paid to each classification, position, job \ntitle, or other wage or salary group of employees employed by the \nemployer, as well as the sex, race, and national origin of employees at \neach wage or salary level in each classification, position, job title, \nor other wage or salary group. The report shall not contain the name of \nany individual employee.\n ``(C) In order to carry out the purposes of this Act, the contents \nof the reports filed with the Equal Employment Opportunity Commission \npursuant to subparagraph (B) shall be public information, and the Equal \nEmployment Opportunity Commission may publish any information and data \nwhich it obtains pursuant to the provisions of subparagraph (B). The \nEqual Employment Opportunity Commission may use the information and \ndata for statistical and research purposes, and compile and publish \nsuch studies, analyses, reports, and surveys based thereon as it may \ndeem appropriate.\n ``(D) In order to carry out the purposes of this Act the Equal \nEmployment Opportunity Commission shall by regulation make reasonable \nprovision for the inspection and examination by any person of the \ninformation and data contained in any report filed with it pursuant to \nsubparagraph (B).\n ``(E) The Equal Employment Opportunity Commission shall by \nregulation provide for the furnishing of copies of reports filed with \nit pursuant to subparagraph (B) to any person upon payment of a charge \nbased upon the cost of the service.\n ``(F) The Equal Employment Opportunity Commission shall issue rules \nand regulations prescribing the form and content of reports required to \nbe filed under subparagraph (B) and such other reasonable rules and \nregulations as it may find necessary to prevent the circumvention or \nevasion of such reporting requirements. In exercising its authority \nunder subparagraph (B), the Equal Employment Opportunity Commission may \nprescribe by general rule simplified reports for employers for whom it \nfinds that by virtue of their size a detailed report would be unduly \nburdensome.''.\n\nSEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT \n TO CONGRESS.\n\n Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the \nfollowing:\n ``(4) The Equal Employment Opportunity Commission shall undertake \nstudies and provide information and technical assistance to employers, \nlabor organizations, and the general public concerning effective means \navailable to implement the provisions of section 6(g) prohibiting wage \ndiscrimination between employees performing work in equivalent jobs on \nthe basis of sex, race, or national origin. Such studies, information, \nand technical assistance shall be based upon and include reference to \nthe declared policy of such section to eliminate such discrimination. \nIn order to achieve the purposes of such section, the Equal Employment \nOpportunity Commission shall further carry on a continuing program of \nresearch, education, and technical assistance including--\n ``(A) undertaking and promoting research with the intent of \n developing means to expeditiously correct the conditions \n leading to section 6(g);\n ``(B) publishing and otherwise making available to \n employers, labor organizations, professional associations, \n educational institutions, the various media of communication, \n and the general public the findings of studies and other \n materials for promoting compliance with section 6(g);\n ``(C) sponsoring and assisting State and community \n informational and educational programs; and\n ``(D) providing technical assistance to employers, labor \n organizations, professional associations and other interested \n persons on means of achieving and maintaining compliance with \n the provisions of section 6(g).\n ``(5) The report submitted annually by the Equal Employment \nOpportunity Commission to Congress pursuant to paragraph (1) shall \ninclude a separate evaluation and appraisal regarding the \nimplementation of section 6(g).''.\n\nSEC. 8. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect upon the \nexpiration of one year from the date of its enactment.","summary":"Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC). And (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act. (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. And (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.","title":"Fair Pay Act of 1997","text_len":13583,"sum_len":1439} {"bill_id":"104_s1617","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Agency Anti-Lobbying Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) Federal agency employees have used appropriated funds \n to foster public support and opposition to legislation pending \n before the Congress;\n (2) there are conflicting interpretations of the existing \n anti-lobbying restrictions; and\n (3) the use of appropriated funds derived from tax revenues \n paid to the Treasury by all Americans to preferentially support \n or oppose pending legislation is inappropriate and improper.\n (b) Purpose.--The purpose of this Act is to establish a civil \nprohibition on the expenditure of appropriated funds by Federal \nagencies for lobbying purposes and to make clear that such funds may \nnot be used in any manner or in any amount, however small, to organize \nefforts to affect the outcome of congressional action by appealing \ndirectly or indirectly for public support.\n\nSEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY \n FEDERAL AGENCIES.\n\n (a) In General.--Subchapter III of chapter 13 of title 31, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 1354. Prohibition on lobbying by Federal agencies\n ``(a) Prohibition.--Except as provided in subsection (b), until or \nunless such activity has been specifically authorized by an Act of \nCongress and notwithstanding any other provision of law, no funds made \navailable to any Federal agency by appropriation shall be used by such \nagency for any activity (including the preparation, publication, \ndistribution, or use of any kit, pamphlet, booklet, public \npresentation, news release, radio, television, or film presentation, \nvideo, or other written or oral statement) that is intended to promote \npublic support or opposition to any legislative proposal (including the \nconfirmation of the nomination of a public official or the ratification \nof a treaty) on which congressional action is not complete.\n ``(b) Exceptions.--\n ``(1) President and vice president.--Subsection (a) shall \n not apply to the President or Vice President.\n ``(2) Congressional communications.--Subsection (a) shall \n not be construed to prevent any officer or employee of a \n Federal agency from--\n ``(A) communicating directly to a Member of \n Congress (or to any staff of a Member or committee of \n Congress) a request for legislation or appropriations \n that such officer or employee deems necessary for the \n efficient conduct of the public business; or\n ``(B) responding to a request for information or \n technical assistance made by a Member of Congress (or \n by any staff of a Member or committee of Congress).\n ``(3) Public communications on views of president.--\n Subsection (a) shall not be construed to prevent any Federal \n agency official whose appointment is confirmed by the Senate, \n any official in the Executive Office of the President directly \n appointed by the President or Vice President, or the head of \n any Federal agency described in subsection (d)(2), from \n communicating with the American public, through radio, \n television, or other public communication media, on the views \n of the President for or against any pending legislative \n proposal. The preceding sentence shall not permit any such \n official to delegate to another person the authority to make \n communications subject to the exemption provided by such \n sentence.\n ``(c) Comptroller General.--\n ``(1) Assistance of inspector general.--In exercising the \n authority provided in section 712, as applied to this section, \n the Comptroller General may obtain, without reimbursement from \n the Comptroller General, the assistance of the Inspector \n General within whose Federal agency activity prohibited by \n subsection (a) of this section is under review.\n ``(2) Evaluation.--One year after the date of the enactment \n of this section, the Comptroller General shall report to the \n Committee on Government Reform and Oversight of the House of \n Representatives and the Committee on Governmental Affairs of \n the Senate on the implementation of this section.\n ``(3) Annual report.--The Comptroller General shall, in the \n annual report under section 719(a), include summaries of \n investigations undertaken by the Comptroller General with \n respect to subsection (a).\n ``(d) Definition.--For purposes of this section, the term `Federal \nagency' means--\n ``(1) any executive agency, within the meaning of section \n 105 of title 5; and\n ``(2) any private corporation created by a law of the \n United States for which the Congress appropriates funds.''.\n (b) Conforming Amendment.--The table of sections for chapter 13 of \ntitle 31, United States Code, is amended by inserting after the item \nrelating to section 1353 the following new item:\n\n``1354. Prohibition on lobbying by Federal agencies.''.\n (c) Applicability.--The amendments made by this section shall apply \nto the use of funds after the date of the enactment of this Act, \nincluding funds appropriated or received on or before such date.","summary":"Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President, (2) Vice-President, (3) specified congressional communications. And (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.","title":"Federal Agency Anti-Lobbying Act","text_len":5606,"sum_len":671} {"bill_id":"113_hr5288","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Care Corps Act of 2014''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Corps.--The term ``Corps'' means the National Care \n Corps established under section 3 of this Act.\n (2) Director.--The term ``Director'' means the Director of \n the Corps appointed under section 3(b)(1) of this Act.\n (3) Local care corps program.--The term ``local Care Corps \n program'' means a program funded with a grant awarded under \n section 10(b) of this Act that hosts Corps members and arranges \n for them to provide approved services to individuals in need.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.\n\n (a) In General.--There is established in the Department of Health \nand Human Services a program to be known as the ``National Care Corps'' \nthrough which Corps members provide approved services to individuals in \nneed via participation in local Care Corps programs.\n (b) Staff.--\n (1) Appointment of director.--The Secretary, acting through \n the Administrator for Community Living, shall appoint a \n Director of the Corps.\n (2) Duties of director.--The Director shall--\n (A) design, develop, and administer Corps programs;\n (B) manage the daily operations of the Corps; and\n (C) report to the Administrator for Community \n Living.\n (3) Authority to employ staff.--The Director may employ \n such staff as is necessary to carry out this Act.\n\nSEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS.\n\n (a) In General.--\n (1) Selection.--The Director shall select eligible \n individuals for membership in the Corps.\n (2) Nondiscrimination.--In selecting Corps members, the \n Director shall comply with all applicable provisions of State \n and Federal laws and regulations pertaining to \n nondiscrimination and equal employment opportunity.\n (b) Eligible Individuals.--To be eligible for membership in the \nCorps, an individual shall--\n (1) be at least 18 years of age on or before December 31 of \n the calendar year in which the individual begins participation \n in the Corps;\n (2) agree to participate in the Corps for a period of not \n more than 24 months;\n (3) submit an application to the Director at such time, in \n such manner, and containing such information as the Director \n may require;\n (4) pass a criminal background check as described in \n subsection (c); and\n (5) agree to comply with such terms and conditions as the \n Director may require.\n (c) Criminal Background Check.--\n (1) In general.--Before selecting any individual for \n membership in the Corps, the Director shall request a criminal \n background check of such individual.\n (2) Membership prohibitions.--An individual shall be \n ineligible to be a Corps member if--\n (A) such individual refuses to consent to the \n criminal background check; or\n (B) the criminal background check does not \n demonstrate to the Director's satisfaction that such \n individual is fit for Corps service.\n\nSEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS.\n\n (a) In General.--The Director shall provide for members of the \nCorps to receive allowances, health insurance, and post-service \neducational awards authorized by this section.\n (b) Allowances.--The Director shall provide each Corps member with \nsuch living, travel, and leave allowances, and such housing \ntransportation, supplies, equipment, and subsistence as the Director \nmay determine to be necessary for the member's maintenance and to \nensure the member's health and capacity to serve effectively.\n (c) Health Insurance.--\n (1) In general.--The Director shall provide for each Corps \n member to receive health insurance coverage.\n (2) Minimum essential coverage.--The health insurance \n coverage described paragraph (1) shall meet the requirements of \n section 5000A(f) of the Internal Revenue Code of 1986.\n (d) Post-Service Educational Award.--\n (1) In general.--The Director shall establish an \n educational award for Corps members.\n (2) Amounts.--\n (A) Amount for full-time service.--In the case of a \n Corps member who completes a 12-month term of full-time \n service as determined by the Director, such member \n shall receive an educational award having a value equal \n to the maximum amount of a Federal Pell Grant under \n section 401 of the Higher Education Act of 1965 (20 \n U.S.C. 1070a) that a student eligible for such grant \n may receive in the aggregate (without regard to whether \n the funds are provided through discretionary or \n mandatory appropriations) for the award year. A Corps \n member may receive up to 2 such awards.\n (B) Amount for other periods of service.--In the \n case of a Corps member who completes less than a 12-\n month term of full-time service as determined by the \n Director, such member may receive a portion of the \n educational award described in subparagraph (A) that \n corresponds to the quantity of service actually \n completed by the member.\n (3) Uses of award.--An educational award shall be used to \n pay--\n (A) costs of attendance at an institution of higher \n education; or\n (B) government or commercial loans received by an \n individual for costs of attendance at an institution of \n higher education.\n (4) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n (A) Cost of attendance.--The term ``cost of \n attendance'' has the meaning given such term by section \n 472 of the Higher Education Act of 1965 (20 U.S.C. \n 1087ll).\n (B) Institution of higher education.--The term \n ``institution of higher education'' has the meaning \n given such term by section 101(a) of the Higher \n Education Act of 1965 (20 U.S.C. 1001(a)).\n (e) Regulations.--The Director shall issue any regulations that the \nDirector determines to be necessary to carry out this section.\n\nSEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH \n DISABILITIES.\n\n (a) Assignment of Corps Members.--\n (1) In general.--The Director shall assign each Corps \n member to participate in a local Care Corps program.\n (2) Priority of assignment.--In assigning Corps members to \n local Care Corps programs, the Director shall assign not less \n than 20 percent of members to programs that serve geographic \n areas in which the Director determines there is a shortage of \n approved services available to individuals in need, with \n consideration given to low-income and minority populations.\n (b) Services Provided by Corps Members.--\n (1) In general.--Corps members may only provide approved \n services to individuals in need through participation in local \n Care Corps programs.\n (2) Approved services.--Approved services are services \n provided directly to individuals in need in home-based settings \n that--\n (A) result in person-to-person, supportive \n relationships with each individual served;\n (B) support the achievement and maintenance of the \n highest level of independent living for each individual \n in need;\n (C) are meaningful to the Corps member; and\n (D) are supported by appropriate orientation, \n training, and supervision.\n (3) Prohibited services.--In performing duties as a Corps \n member, no member shall provide--\n (A) professional medical services;\n (B) administrative support services to a local \n Corps program;\n (C) care in an institutional setting;\n (D) care prohibited under State law; or\n (E) any other services determined by the director \n to be inconsistent with the purposes of the Corps.\n (4) Guidance regarding scope of services.--The Director may \n issue guidance describing the scope of services that may be \n provided by Corps members. In issuing such guidance, the \n Director shall provide for a public notice and comment period \n of not less than 30 days before issuing the guidance in final \n form.\n (c) Individual in Need.--The term ``individual in need'' means an \nindividual who--\n (1) is at least 65 years of age or has a disability as \n defined in section 3 of the Americans With Disabilities Act of \n 1990 (42 U.S.C. 12102);\n (2) has difficulty with self-care; and\n (3) meets such other criteria as the Director determines to \n be appropriate.\n\nSEC. 7. TRAINING AND STANDARDS OF CONDUCT.\n\n (a) Pre-Assignment Training Program.--The Director shall develop a \ntraining program that provides Corps members with instruction in the \nskills necessary to carry out an assignment in a local Care Corps \nprogram. Such training program shall include--\n (1) at least 20 hours of instruction for each Corps member; \n and\n (2) any other requirements the Director determines to be \n appropriate.\n (b) Standards of Conduct.--The Director shall establish and enforce \nstandards to promote proper conduct and discipline within the Corps.\n\nSEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW.\n\n (a) In General.--Except as otherwise provided in this section, \nmembers of the Corps shall not, by reason of their status as members, \nbe treated as Federal employees or be subject to the provisions of law \nrelating to Federal employment.\n (b) Work-Related Injuries.--\n (1) In general.--For purposes of subchapter I of chapter 81 \n of title 5, United States Code, relating to the compensation of \n Federal employees for work injuries, members of the Corps shall \n be treated as employees of the United States within the meaning \n of the term ``employee'', as defined in section 8101 of such \n title.\n (2) Special rule.--In the application of the provisions of \n subchapter I of chapter 81 of title 5, United States Code, to a \n member of the Corps, the member shall not be treated to be in \n the performance of duty while absent from the member's assigned \n post of duty unless the absence is authorized in accordance \n with procedures prescribed by the Director.\n (c) Tort Claims Procedure.--A member of the Corps shall be treated \nas an employee of the United States for purposes of chapter 171 of \ntitle 28, United States Code, relating to tort claims liability and \nprocedure.\n\nSEC. 9. REPORTING REQUIREMENTS.\n\n The Secretary of Health and Human Services, acting through the \nAdministrator for Community Living, shall transmit to Congress at least \nonce in each fiscal year a report on the Corps. At minimum, such report \nshall include--\n (1) a description of the population served by the Corps \n during the preceding fiscal year;\n (2) an evaluation of Corps operations; and\n (3) recommendations, if any, for improving Corps \n operations.\n\nSEC. 10. LOCAL CARE CORPS PROGRAMS.\n\n (a) Functions of Local Care Corps Programs.--Local Care Corps \nprograms shall--\n (1) conduct in-person orientation and training for Corps \n members;\n (2) develop and monitor member assignments, which shall \n include selecting the individuals in need to be served by Corps \n members, matching members to assignments, and supervising \n members;\n (3) maintain records and prepare reports as required by the \n Director; and\n (4) carry out any other activities determined to be \n appropriate by the Director.\n (b) Grants for Local Care Corps Programs.--The Director may award \ngrants to qualified entities for the operation of local Care Corps \nprograms.\n (1) Qualified entity.--The term ``qualified entity'' means \n a public or private nonprofit entity that is--\n (A) part of an aging network, as defined by section \n 102(5) of the Older Americans Act of 1965 (42 U.S.C. \n 3002(5));\n (B) a time-banking or volunteer organizing agency;\n (C) a State, county, or local government; or\n (D) any other entity determined to be appropriate \n by the Director.\n (2) Application process.--To be eligible for a grant under \n this subsection, a qualified entity shall--\n (A) submit an application to the Director at such \n time, in such manner, and containing such information \n as the Director may require; and\n (B) abide by such terms and conditions as the \n Director determines to be appropriate.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated \n$350,000,000 for each of the fiscal years beginning after the date of \nthe enactment of this Act.\n (b) Continued Availability of Funds.--Amounts authorized to be \nappropriated under subsection (a) for a fiscal year are authorized to \nremain available for that fiscal year and the subsequent fiscal year.","summary":"National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care.","title":"National Care Corps Act of 2014","text_len":14416,"sum_len":279} {"bill_id":"113_s1549","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop the Sale of Murderabilia Act of \n2013''.\n\nSEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE \n AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES.\n\n (a) In General.--Chapter 87 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1794. Restrictions on the mailing and delivery privileges of \n State and Federal prisoners for commercial purposes\n ``(a) In General.--Except as provided in subsection (d), an inmate \nof a prison convicted of a crime of violence who knowingly deposits for \nmailing or delivery, or knowingly causes to be delivered by mail, any \nproperty, article, or object, with intent that the property, article, \nor object be placed in interstate or foreign commerce, shall be fined \nunder this title and imprisoned not less than 6 months and not more \nthan 10 years. Any term of imprisonment imposed under this subsection \nshall run consecutive to any other term of imprisonment.\n ``(b) Period of Limitations.--An indictment for any offense \npunishable under this section may be found at any time without \nlimitation.\n ``(c) Guidelines.--The Director of the Bureau of Prisons and the \nhead of the department of corrections, or other similar agency, for any \nState may promulgate uniform guidelines to restrict the privileges of \nany inmate of a prison that violates this section.\n ``(d) Exception.--An inmate of a prison may mail or deliver or \ncause to be delivered by mail title to real property, title to motor \nvehicles, or a security if--\n ``(1) the mailing or delivery is to satisfy debt that is--\n ``(A) imposed by law or a court order, including--\n ``(i) support obligations;\n ``(ii) property taxes;\n ``(iii) income taxes;\n ``(iv) back taxes;\n ``(v) a legal judgment, fine, or \n restitution;\n ``(vi) fees to cover the cost of \n incarceration, including fees for health care \n while incarcerated imposed under section 4048; \n and\n ``(vii) other financial obligations \n mandated by law or a court order; or\n ``(B) incurred through a contract for--\n ``(i) legal services;\n ``(ii) a mortgage on the primary residence \n of the immediate family of the inmate;\n ``(iii) the education or medical care of \n the inmate or a member of the immediate family \n of the inmate; or\n ``(iv) life, health, home, or car \n insurance; or\n ``(2) the consent of the inmate is required by law to \n transfer title for real property, a motor vehicle, or security, \n where a person who is not incarcerated in a prison is the owner \n or a co-owner of that real property, motor vehicle, or \n security.\n ``(e) Definitions.--In this section--\n ``(1) the term `prison'--\n ``(A) means a Federal or State correctional, \n detention, or penal facility or any prison, \n institution, or facility in which persons are held in \n custody by direction of, or pursuant to a contract or \n agreement with, the Attorney General of the United \n States or a State; and\n ``(B) does not include a halfway house or location \n where an individual is under home confinement;\n ``(2) the term `security' means--\n ``(A) a note, stock certificate, treasury stock \n certificate, bond, treasury bond, debenture, \n certificate of deposit, interest coupon, bill, check, \n draft, warrant, debit instrument (as that term is \n defined in section 916(c) of the Electronic Fund \n Transfer Act (15 U.S.C. 1693n(c))), money order, \n traveler's check, letter of credit, warehouse receipt, \n negotiable bill of lading, evidence of indebtedness, \n certificate of interest in or participation in a \n profit-sharing agreement, collateral-trust certificate, \n pre-reorganization certificate of subscription, \n transferable share, investment contract, or voting \n trust certificate;\n ``(B) a certificate of interest in, certificate of \n participation in, certificate for, receipt for, or \n warrant or option or other right to subscribe to or \n purchase any item described in subparagraph (A); or\n ``(C) a blank form of any item described in \n subparagraph (A) or (B); and\n ``(3) the terms `State' and `support obligation' have the \n meanings given those terms in section 228.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 87 of title 18, United States Code, is amended by adding at the \nend the following:\n\n``1794. Restrictions on the mailing and delivery privileges of State \n and Federal prisoners for commercial \n purposes.''.\n\nSEC. 3. CRIMINAL FORFEITURE.\n\n Section 982(a) of title 18, United States Code, is amended by \nadding at the end the following:\n ``(9) The court, in sentencing a defendant convicted of an offense \nunder section 1794, or of a conspiracy to commit such an offense, shall \norder that the defendant forfeit to the United States any real or \npersonal property--\n ``(A) used or intended to be used to commit, facilitate, or \n promote the commission of such offense; and\n ``(B) constituting, derived from, or traceable to the gross \n proceeds that the defendant obtained directly or indirectly as \n a result of the offense.''.\n\nSEC. 4. CIVIL FORFEITURE.\n\n Any property subject to forfeiture under section 982(a)(9) of title \n18, United States Code, as added by this Act, may be forfeited to the \nUnited States in a civil action in accordance with the procedures set \nforth in chapter 46 of title 18, United States Code.\n\nSEC. 5. CIVIL REMEDIES.\n\n (a) In General.--Any person aggrieved by reason of conduct \nprohibited under section 1794 of title 18, United States Code, as added \nby this Act, may bring a civil action in an appropriate United States \ndistrict court for the relief described in subsection (b).\n (b) Relief.--In any civil action brought under subsection (a), the \ncourt may award appropriate relief, including--\n (1) temporary, preliminary, or permanent injunctive relief;\n (2) compensatory and punitive damages; and\n (3) the costs of the civil action and reasonable fees for \n attorneys and expert witnesses.","summary":"Stop the Sale of Murderabilia Act of 2013 - Amends the federal criminal code to prohibit a federal or state prison inmate convicted of a crime of violence from knowingly placing in the mail or causing to be delivered in interstate or foreign commerce any property, article, or object. Sets forth exceptions for a mailing or delivery of title to real property, title to motor vehicles, or a security to satisfy debt that is: (1) imposed by law or a court order. Or (2) incurred through a contract for legal services, a mortgage on the primary residence of the immediate family of the inmate, the education or medical care of the inmate or a member of the immediate family of the inmate, or life, health, home, or car insurance. Provides for civil and criminal forfeiture of real or personal property used to commit such a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by prisoners using the mail in violation of this Act.","title":"Stop the Sale of Murderabilia Act of 2013","text_len":7199,"sum_len":1017} {"bill_id":"110_s363","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hope Offered through Principled, \nEthically-Sound Stem Cell Research Act'' or the ``HOPE Act''.\n\nSEC. 2. PURPOSES.\n\n It is the purpose of this Act to--\n (1) intensify research that may result in improved \n understanding of or treatments for diseases and other adverse \n health conditions; and\n (2) promote the derivation of pluripotent stem cell lines \n without the creation of human embryos for research purposes or \n discarding, destroying, or knowingly harming a human embryo.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Altered nuclear transfer.--The term ``altered nuclear \n transfer'' means a method for obtaining pluripotent stem cells \n using a modified form of somatic cell nuclear transfer to \n produce a biological artifact.\n (2) Biological artifact.--The term ``biological artifact'' \n means an artificially created non-embryonic cellular system, \n engineered to lack the essential elements of embryogenesis but \n still capable of some cell division and growth.\n (3) Direct reprogramming of adult cells.--The term ``direct \n reprogramming of adult cells'' means a procedure whereby \n differentiated, somatic cells are restored to a more \n undifferentiated, multipotent condition. Such process is also \n known as ``dedifferentiation''.\n (4) Embryo adoption.--The term ``embryo adoption'' means \n the occurrence of a woman receiving into her uterus a human \n embryo or embryos to which neither she nor her partner has \n contributed a gamete for the purpose of child bearing.\n (5) Embryonic stem cells.--The term ``embryonic stem \n cells'' means primitive cells derived from the inner cell mass \n of the human embryo or embryos, that have the potential to \n become a wide variety of specialized cell types.\n (6) Human embryo or embryos.--The term ``human embryo or \n embryos'' includes any organism, not protected as a human \n subject under part 46 of title 45, Code of Federal Regulations, \n as of the date of enactment of this section, that is derived by \n fertilization, parthenogenesis, cloning, or any other means \n from one or more human gametes or human diploid cells.\n (7) In vitro fertilization.--The term ``in vitro \n fertilization'' means the union of an egg and sperm, where the \n event takes place outside the body and in an artificial \n environment.\n (8) Oocyte.--The term ``oocyte'' means an unfertilized \n human egg cell.\n (9) Organismically dead embryo.--The term ``organismically \n dead embryo'' means the irreversible loss of the capacity of \n continued and integrated cellular division, growth and \n differentiation.\n (10) Pluripotent cell.--The term ``pluipotent cell'' means \n a cell that can produce all the cell types of the developing \n body. Embryonic stem cells, as well as the inner cell mass \n cells of the blastocyst, are pluripotent cells.\n (11) Pluripotent stem cells.--The term ``pluripotent stem \n cells'' means precursor cells that are capable both of \n perpetuating themselves as stem cells and of producing all or \n almost all the cell types of the developing body, and that have \n functional capacity (stable pluripotency) as an embryonic stem \n cell, though not necessarily the same origin.\n (12) Review board.--The term ``Review Board'' means the \n National Stem Cell Review Board established under section 5.\n (13) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (14) Stem cell line.--The term ``stem cell line'' means \n stem cells which have been cultured under in vitro conditions \n that allow proliferation without differentiation from months to \n years.\n\nSEC. 4. PROVISION OF FEDERAL FUNDING.\n\n (a) Basic and Applied Research.--\n (1) In general.--The Secretary shall conduct and support \n basic and applied research to develop techniques for the \n isolation, derivation, production, or testing of pluripotent \n stem cells that have the flexibility of embryonic stem cells \n (whether or not they have an embryonic source), and may result \n in improved understanding of or treatments for diseases and \n other adverse health conditions, provided that such isolation, \n derivation, production, or testing will not involve--\n (A) the creation of a human embryo or embryos for \n research purposes; or\n (B) the destruction or discarding of a human embryo \n or embryos, or knowingly subjecting a human embryo or \n embryos to risk of injury or death greater than that \n allowed for research on fetuses in utero under section \n 498(b) of this Act and section 46.204(b) of title 45, \n Code of Federal Regulations.\n (2) Inclusions.--Research under paragraph (1) may include--\n (A) Methods that use--\n (i) cells derived from altered nuclear \n transfer; or\n (ii) cells derived from organismically dead \n embryos; and\n (B) the investigation of evidence for pluripotent \n potential in adult stem cells from various sources; or\n (C) the direct reprogramming of adult cells, the \n derivation of stem cells from human germ cells, and \n other methods that do not harm or destroy a human \n embryo or embryos and that are certified by the Review \n Board.\n (b) Limitations.--If any research described in subsection (a) is \ndetermined by the Secretary to create an embryo or embryos for research \npurposes, or harm or destroy a human embryo or embryos, such research \nshall immediately be terminated until such determination is reviewed \nand resolved to the satisfaction of the Review Board.\n (c) Guidelines.--Not later than 90 days after the date of the \nenactment of this section, the Secretary, after consultation with the \nDirector, shall issue final guidelines that--\n (1) provide guidance concerning the next steps required for \n additional research, which shall include a determination of the \n extent to which specific techniques may require additional \n basic or animal research to ensure that any research involving \n human cells using these techniques would clearly be consistent \n with subsection (a);\n (2) prioritize research with the greatest potential for \n near-term clinical benefit; and\n (3) consistent with subsection (a), take into account \n techniques outlined by the President's Council on Bioethics and \n any other appropriate techniques and research.\n (d) Reporting Requirements.--Not later than January 1 of each year, \nthe Secretary shall prepare and submit to the appropriate committees of \nthe Congress a report describing the activities carried out under this \nsection during the fiscal year, including a description of the research \nconducted under this section.\n (e) Rule of Construction.--Nothing in this section shall be \nconstrued as altering the policy in effect on the date of enactment of \nthis section regarding the eligibility of stem cell lines for funding \nby the National Institutes of Health.\n\nSEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD.\n\n (a) In General.--There shall be established within the Department \nof Health and Human Services a board to be known as the ``National Stem \nCell Research Review Board'' which shall be responsible for--\n (1) monitoring research to ensure that it is in compliance \n with the principles of this Act;\n (2) prioritizing research with the greatest potential for \n near term benefits;\n (3) ensuring fair consideration of both embryonic stem cell \n and adult stem cell research for funding; and\n (4) completing their duties under this section in a timely \n matter to promote rather than hinder appropriate research.\n (b) Composition.--\n (1) In general.--The Review Board shall be composed of 11 \n individuals, to be appointed by the Secretary.\n (2) Requirements.--The members appointed under paragraph \n (1) shall include--\n (A) scientists or physicians with relevant \n expertise (including areas of assisted reproduction, \n developmental biology, and clinical medicine), \n including scientists that are not directly engaged in \n the research considered by the Board;\n (B) ethicists or professionals from other \n disciplines with a specialized ability to interpret the \n moral justifications and implications of the research \n considered by the Board;\n (C) members or advisors familiar with relevant \n national legal statutes governing the research \n considered by the Board; and\n (D) community members, unaffiliated with the \n institutions involved through employment or other \n remunerative relationships, who are objective and \n reasonably familiar with the views and needs of \n research subjects, patients and patient communities who \n could be benefitted or harmed by stem cell research, \n and community standards.\n (3) Terms of office.--\n (A) In general.--The term of office of a member of \n a the Review Board appointed under paragraph (1) shall \n be 4 years, except that any member appointed to fill a \n vacancy for an unexpired term shall serve for the \n remainder of such term. The Secretary shall ensure that \n appointments are made to the Board in such a manner as \n to ensure that the terms of the members not all expire \n in the same year and that not all members' terms concur \n with the 4-year Presidential term. A member of the \n Board may serve after the expiration of such member's \n term until a successor has been appointed and taken \n office.\n (B) Time for appointment.--If a vacancy occurs \n among the members of the Review Board, the Secretary \n shall ensure that an appointment to fill such vacancy \n occurs within 90 days from the date the vacancy occurs.\n (c) Limitation.--The Review Board shall not be responsible for \ndispersing funds. The Board shall ensure that funds which are to be \nprovided by the Federal Government are being used appropriately and \nunder the provisions of this Act.\n (d) Additional Administrative Provisions.--\n (1) Compensation.--Members of the Review Board who are \n officers or employees of the United States shall not receive \n any compensation for service on the Board. The remaining \n members of the Board shall receive, for each day (including \n travel time) they are engaged in the performance of the \n functions of the advisory council, compensation at rates not to \n exceed the daily equivalent to the annual rate in effect for \n grade GS-15 of the General Schedule.\n (2) Executive secretary and staff.--The Review Board may \n appoint an individual to serve as the Executive Secretary of \n the Board. The Secretary shall make available to the Board such \n staff, information, and other assistance as it may require to \n carry out its functions.\n\nSEC. 6. INFORMED CONSENT PROVISIONS.\n\n (a) Purpose.--It is the purpose of this section to ensure that \nindividuals are empowered to make voluntary and informed decisions \nregarding the use of human embryo or embryos created using their \nbiological materials or their oocytes.\n (b) Timing of Consent.--Consent from an individual for the donation \nof materials for research described in this Act shall be obtained from \nsuch individual, in writing, at the time of the proposed transfer of \nthe donated materials from the storage site to the research team.\n (c) Provision of Information to Donors.--At the time that the \nconsent described in subsection (b) is given, the donor shall be \ninformed, verbally and in writing, that the donor retains the right to \nwithdraw such consent until such time as the donated materials involved \nare actually utilized in research.\n\nSEC. 7. PRIVACY.\n\n Provisions protecting individually identifiable information under \nthe regulations promulgated under section 264(c) of the Health \nInsurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 \nnote) shall apply to donors under this Act.\n\nSEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN \n OVUMS, OR EMBRYONIC STEM CELL LINES.\n\n (a) No Valuable Consideration.--Section 301 of the National Organ \nTransplant Act (42 U.S.C. 274e) is amended--\n (1) in subsection (a), by inserting ``, human ovum, human \n blastocyst, human embryo, or stem cell derived from a human \n embryo'' after ``any human organ''; and\n (2) in subsection (c)(2)--\n (A) by striking ``human organ'' each place the term \n appears and inserting ``human organ, human ovum, human \n blastocyst, human embryo, or stem cell derived from a \n human embryo''; and\n (B) by inserting ``, ovum, blastocyst, embryo, or \n stem cell'' after ``the organ''.\n (b) No Profits From Therapies That Destroy Human Embryos.--Part H \nof title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is \namended by adding at the end the following:\n\n``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS.\n\n ``(a) Ensuring Access to Affordable Treatments.--\n ``(1) In general.--It shall be unlawful for any person to \n knowingly receive any valuable consideration for any therapy \n that--\n ``(A) affects interstate commerce or is funded, in \n full or in part, by Federal assistance; and\n ``(B) utilizes cells from a human embryo, if the \n process of deriving such cells destroyed the embryo.\n ``(2) Definition of valuable consideration.--In this \n subsection, the term `valuable consideration' does not include \n the reasonable production and administrative costs associated \n with developing a therapy described in paragraph (1).''.\n\nSEC. 9. FUNDING FOR STEM CELL RESEARCH.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act, $5,000,000,000 for the period beginning with fiscal year \n2008 and ending with fiscal year 2017.\n (b) Distribution of Funds.--\n (1) In general.--Not less than 90 percent of the amount \n appropriated in each fiscal year under subsection (a) shall be \n allocated by the Secretary for the research and administrative \n costs described in this Act.\n (2) Remainder.--Not more than 10 percent of the amount \n appropriated in each fiscal year under subsection (a) shall be \n allocated by the Secretary for--\n (A) the Federal promotion of human embryo or \n embryos adoption from in vitro fertilization clinics;\n (B) research towards prevention and medical \n treatment of genetic conditions consistent with this \n Act that do not involve harming or destroying human \n embryos in order to promote the health of the \n population; and\n (C) research to advance the understanding of \n clinical techniques to minimize the creation of human \n embryo or embryos that remain unimplanted after \n clinical in vitro fertilization treatments.","summary":"Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes, (2) the destruction or discarding of a human embryo. Or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero. Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act. (2) prioritize research with the greatest potential for near term benefits. And (3) ensure fair consideration of both embryonic and adult stem cell research for funding. Sets forth consent requirements for the donation of materials for research. Applies federal provisions protecting individually identifiable health information to donors. Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration. Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance. And (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.","title":"A bill to provide increased Federal funding for stem cell research, to expand the number of embryonic stem cell lines available for Federally funded research, to provide ethical guidelines for stem cell research, to derive human pluripotent stem cell lines using techniques that do not create an embryo or embryos for research or knowingly harm human embryo or embryos, and for other purposes.","text_len":16602,"sum_len":1684} {"bill_id":"107_hr4634","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Capital Area Physician \nEmergency Assistance Act''.\n\nSEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING \n PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.\n\n (a) Declaration by President.--If the President declares that a \npublic health emergency is in effect in the National Capital Area, then \nduring the period in which the emergency is in effect, any physician \nwho holds a valid medical license issued by an Area State government--\n (1) may provide, in any part of such Area, health services \n to victims of the emergency to the same extent as the physician \n is authorized to provide health services within the \n jurisdiction of the Area State government that issued the \n license, notwithstanding the law of the other Area State \n governments; and\n (2) is not liable for any harm caused by any act or \n omission of the physician in providing, in any part of such \n Area, health services to victims of the emergency, \n notwithstanding the law of any of the Area State governments, \n unless the harm is caused by willful or criminal misconduct, \n gross negligence, reckless misconduct, or a conscious, flagrant \n indifference to the rights or safety of others.\n (b) Declaration by Chief Executive Official of Area State \nGovernment.--\n (1) Maryland.--For any period during which a public health \n emergency is in effect in an Area portion of the State of \n Maryland, pursuant to a qualifying declaration by the Governor \n of Maryland, subsection (a) applies to health services provided \n within such Area portion by a physician who holds a valid \n medical license issued by an Area State government to the same \n extent and in the same manner as such subsection would apply \n within the entire National Capital Area if the President were \n to declare a public health emergency for the National Capital \n Area under such subsection.\n (2) Virginia.--For any period during which a public health \n emergency is in effect in an Area portion of the State of \n Virginia, pursuant to a qualifying declaration by the Governor \n of Virginia, subsection (a) applies to health services provided \n within such Area portion by a physician who holds a valid \n medical license issued by an Area State government to the same \n extent and in the same manner as such subsection would apply \n within the entire National Capital Area if the President were \n to declare a public health emergency for the National Capital \n Area under such subsection.\n (3) District of columbia.--For any period during which a \n public health emergency is in effect in the District of \n Columbia, pursuant to a qualifying declaration by the Mayor of \n such District, subsection (a) applies to health services \n provided within the District by a physician who holds a valid \n medical license issued by an Area State government to the same \n extent and in the same manner as such subsection would apply \n within the entire National Capital Area if the President were \n to declare a public health emergency for the National Capital \n Area under such subsection.\n (4) Qualifying declaration.--\n (A) In general.--A declaration by the Governor of \n Maryland, the Governor of Virginia, or the Mayor of the \n District of Columbia, as the case may be, that a public \n health emergency is in effect is, for purposes of this \n subsection, a qualifying declaration if--\n (i) before officially declaring such \n emergency, such chief executive official \n notifies the Secretary of Health and \nHuman Services of the intent to officially declare the emergency; and\n (ii) the Secretary does not, within 12 \n hours after such official provides the notice, \n inform the official that the Secretary has \n disapproved the declaration on the basis that \n the Secretary has determined that the \n declaration is not necessary to protect the \n public health.\n (B) Delegation of functions of secretary.--The \n Secretary of Health and Human Services may, temporarily \n or otherwise, delegate the functions of the Secretary \n under subparagraph (A) to the Assistant Secretary for \n Health or any of the heads of the agencies of the \n Public Health Service.\n (5) Relationship between declarations.--With respect to the \n public health emergency involved, a declaration by the \n President under subsection (a), including the period in which \n the emergency is declared to be in effect, supersedes any \n declaration under this subsection by the Governor of Maryland, \n the Governor of Virginia, or the Mayor of the District of \n Columbia.\n\nSEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF \n CREDENTIALS OF PHYSICIAN VOLUNTEERS.\n\n (a) In General.--The Secretary of Health and Human Services shall, \ndirectly or through an award of a grant, contract, or cooperative \nagreement, establish and maintain a system for verifying the \ncredentials, licenses, and hospital privileges of individuals who, \nduring a public health emergency in the National Capital Area or \nportion thereof as declared under section 2, volunteer to serve in such \nArea as physicians (referred to in this section as the ``verification \nsystem''). In carrying out the preceding sentence, the Secretary shall \nprovide for an electronic database for the verification system.\n (b) Certain Criteria.--The Secretary shall establish criteria \nregarding the verification system under subsection (a), including \nprovisions regarding the promptness and efficiency of the system in \ncollecting, storing, updating, and disseminating information on the \ncredentials, licenses, accreditations, and hospital privileges of \nvolunteers described in subsection (a).\n (c) Advance Registration of Volunteers.--In order to facilitate the \navailability of physicians during a public health emergency in the \nNational Capital Area, the Secretary shall provide for the advance \nregistration with the system of physicians who are willing to serve as \nvolunteers described in subsection (a), and may carry out activities to \nencourage physicians to register with the system.\n (d) Other Assistance.--The Secretary may make grants and provide \ntechnical assistance to Area State governments and other public or \nnonprofit private entities for activities relating to the verification \nsystem developed under subsection (a).\n (e) Rule of Construction.--This section may not be construed as \nauthorizing the Secretary to issue requirements regarding the provision \nby the Area State governments of credentials, licenses, accreditations, \nor hospital privileges.\n (f) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $2,000,000 \nfor fiscal year 2003, and such sums as may be necessary for each of the \nfiscal years 2004 through 2007.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act:\n (1) The term ``Area portion'' means the portion of the \n State of Maryland or the State of Virginia, as the case may be, \n that is within the National Capital Area.\n (2) The term ``Area State governments'' means the \n governments of the States of Maryland and Virginia and the \n government of the District of Columbia.\n (3) The term ``National Capital Area'' means--\n (A) the District of Columbia;\n (B) the counties of Montgomery and Prince George's \n in the State of Maryland;\n (C) the cities of Alexandria, Fairfax, Falls \n Church, and Manassas in the State of Virginia, and the \n counties of Arlington, Fairfax, Loudon, and Prince \n William in such State; and\n (D) such additional jurisdictions in the State of \n Maryland or Virginia as the President may designate in \n a declaration under subsection (a) that a public health \n emergency is in effect.\n (4) The term ``Secretary'' means the Secretary of Health \n and Human Services.","summary":"National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area. Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service. Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.","title":"To establish certain legal waivers for physicians who provide assistance in the National Capital Area during any period in which a public health emergency is in effect in such Area.","text_len":8883,"sum_len":832} {"bill_id":"115_hr4956","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Keeping Salvadoran Families Together \nAct''.\n\nSEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR \n GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.\n\n (a) In General.--Title II of the Immigration and Nationality Act (8 \nU.S.C. 1101 et seq.) is amended by inserting after section 244 the \nfollowing:\n\n``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR \n GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.\n\n ``(a) In General.--The status of any alien described in subsection \n(c) shall be adjusted by the Secretary of Homeland Security to that of \nan alien lawfully admitted for permanent residence, if the alien--\n ``(1) applies for such adjustment within 3 years after the \n date of the enactment of this section;\n ``(2) is determined to be admissible to the United States \n for permanent residence; and\n ``(3) meets the criteria established under subsection (c).\n ``(b) Certain Grounds for Inadmissability Inapplicable.--\n ``(1) In general.--For purposes of determining \n admissibility under subsection (a)(2), the grounds for \n inadmissibility specified in paragraphs (4), (5), (6)(A), and \n (7)(A) of section 212(a) of the Immigration and Nationality Act \n shall not apply.\n ``(2) Additional waiver for individual aliens.--The \n Secretary may waive any other provision of section 212(a) in \n the case of an individual alien for humanitarian purposes, to \n assure family unity, or when it is otherwise in the public \n interest.\n ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be \neligible for adjustment of status if the alien--\n ``(1) is a national of El Salvador who was granted \n temporary protected status, or was otherwise eligible for \n temporary protected status, on or before the date of the \n enactment of this section; and\n ``(2) has been continuously physically present in the \n United States for a period of not less than 3 years before the \n date of the enactment of this section.\n ``(d) Waiver Authorized.--Notwithstanding any provision of this \nAct, an alien who fails to meet the continuous physical presence \nrequirement under paragraph (2) of subsection (c) shall be considered \neligible for status adjustment as provided in this section if the \nAttorney General or the Secretary determines that the removal of the \nalien from the United States would result in extreme hardship to the \nalien, their spouse, their children, their parents, or their domestic \npartner.\n ``(e) Effect of Application on Certain Orders.--An alien present in \nthe United States who has been ordered removed or has been granted \nvoluntary departure from the United States may, notwithstanding such \norder, apply for adjustment of status under this section. Such alien \nshall not be required to file a separate motion to reopen, reconsider, \nor vacate the order of removal. If the Secretary approves the \napplication, the Secretary shall cancel the order of removal. If the \nSecretary renders a final administrative decision to deny the \napplication, the order of removal shall be effective and enforceable to \nthe same extent as if the application had not been made.\n ``(f) Work Authorization.--The Secretary shall authorize an alien \nwho has applied for adjustment of status under this section to engage \nin employment in the United States during the pendency of such \napplication and shall provide the alien with an appropriate document \nsignifying authorization of employment.\n ``(g) Adjustment of Status for Certain Family Members.--\n ``(1) In general.--The status of an alien shall be adjusted \n by the Secretary to that of an alien lawfully admitted for \n permanent residence if the alien--\n ``(A) is the spouse, parent, or unmarried son or \n daughter of an alien whose status is adjusted under \n this section;\n ``(B) applies for adjustment under this section \n within 3 years after the date of the enactment of this \n section; and\n ``(C) is determined to be admissible to the United \n States for permanent residence.\n ``(2) Certain grounds for inadmissibility inapplicable.--\n For purposes of determining admissibility under subsection \n (g)(1)(C), the grounds for inadmissibility specified in \n paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall \n not apply.\n ``(h) Availability of Administrative Review.--The Secretary shall \nprovide to aliens applying for adjustment of status under this section \nthe same right to, and procedures for, administrative review as are \nprovided to--\n ``(1) applicants for adjustment of status under section \n 245; and\n ``(2) aliens subject to removal proceedings under section \n 240.\n ``(i) No Offset in Number of Visas Available.--The granting of \nadjustment of status under this section shall not reduce the number of \nimmigrant visas authorized to be issued under any provision of this \nAct.\n ``(j) Treatment of Brief, Casual, and Innocent Departures and \nCertain Other Absences.--An alien who has failed to maintain the 3-year \ncontinuous physical presence requirement under subsection (c) because \nof brief, casual, and innocent departures or, emergency travel, or \nextenuating circumstances outside of the control of the alien, shall \nnot be considered to have failed to maintain continuous physical \npresence in the United States.\n ``(k) Definition.--In this section, the term `domestic partner' \nmeans an adult of at least 18 years of age in a committed relationship \nwith an alien applying for adjustment of status under this section. A \ncommitted relationship is one in which the employee and the domestic \npartner of the employee are each other's sole domestic partner (and are \nnot married to or domestic partners with anyone else) and share \nresponsibility for a significant measure of each other's common welfare \nand financial obligations. This includes any relationship between two \nindividuals of the same or opposite sex that is granted legal \nrecognition by a State or by the District of Columbia as a marriage or \nanalogous relationship (including a civil union).''.\n (b) Clerical Amendment.--The table of contents of the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting \nafter the item relating to section 244 the following:\n\n``Sec. 244A. Adjustment of status for certain nationals of El Salvador \n granted or eligible for temporary protected \n status.''.\n\nSEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS \n TO CANCELLATION OF REMOVAL.\n\n Section 244(e) of the Immigration and Nationality Act (8 U.S.C. \n1254a(e)) is amended--\n (1) by striking ``With respect to an alien'' and inserting \n the following:\n ``(1) In general.--With respect to an alien''; and\n (2) by adding at the end the following:\n ``(2) Waiver for certain temporary protected status \n holders.--The provisions in subsection (e) shall not apply to \n an alien who is eligible for adjustment of status pursuant to \n section 244A.''.\n\nSEC. 4. ELIGIBILITY FOR NATURALIZATION.\n\n (a) In General.--Notwithstanding sections 319(b), 328, and 329 of \nthe Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), \nan alien whose status is adjusted under section 244A of the Immigration \nand Nationality Act, as added by section 2 of this Act, to that of an \nalien lawfully admitted for permanent residence may apply for \nnaturalization under chapter 2 of title III of the Immigration and \nNationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after \nsuch adjustment of status.\n (b) Language Requirement Waiver.--Section 312(b)(2) of the \nImmigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--\n (1) in the matter preceding subparagraph (A), by striking \n ``334, either--'' and inserting ``334--'';\n (2) in subparagraph (A), by striking ``, or'' at the end \n and inserting a semicolon;\n (3) in subparagraph (B), by striking the period at the end \n and inserting ``; or''; and\n (4) by adding at the end the following:\n ``(C) is an alien who received adjustment of status \n under section 244A.''.","summary":"Keeping Salvadoran Families Together Act This bill amends the Immigration and Nationality Act to permit an alien who is a national of El Salvador in temporary protected status (TPS) to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS status, and has been continuously physically present in the United States for at least three years. The bill: waives certain grounds of inadmissibility. Authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner. Authorizes an alien who has applied for status adjustment to work. And authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years.","title":"Keeping Salvadoran Families Together Act","text_len":8744,"sum_len":1092} {"bill_id":"106_s2523","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Promoting Access \nto Medicare Midwifery Services Act of 2000''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Medicare payment for certified midwife services.\nSec. 3. Increased medicare payments for certified nurse-midwife \n services and certified midwife services.\nSec. 4. Clarification of hospital conditions of participation with \n respect to certified nurse-midwives and \n certified midwives.\nSec. 5. Medicare payment for freestanding birth center services.\nSec. 6. Clarification of billing rights of certified nurse-midwives and \n certified midwives.\nSec. 7. Clarification regarding payments for certified nurse-midwife \n services and certified midwife services \n furnished in teaching hospitals.\nSec. 8. Interim and final regulations.\n\nSEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES.\n\n (a) Certified Midwife and Certified Midwife Services Defined.--\nSection 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is \namended--\n (1) in paragraph (1)--\n (A) by striking ``(as defined in paragraph (2))'' \n and inserting ``(as defined in subparagraph (B))''; and\n (B) by inserting ``(A)'' after ``(1)'';\n (2) by redesignating paragraph (2) as subparagraph (B); and\n (3) by adding at the end the following new paragraph:\n ``(2)(A) The term `certified midwife services' means such services \nfurnished by a certified midwife (as defined in subparagraph (B)) and \nsuch services and supplies furnished as an incident to the certified \nmidwife's service which the certified midwife is legally authorized to \nperform under State law (or the State regulatory mechanism provided by \nState law) as would otherwise be payable under this title if furnished \nby a physician or as an incident to a physician's service.\n ``(B) The term `certified midwife' means an individual--\n ``(i) with a bachelor's degree from an accredited \n educational institution who has completed a program of study \n and clinical experience meeting guidelines established by the \n Secretary of Education; or\n ``(ii) who has been certified in nurse-midwifery or \n midwifery by an organization recognized by the Secretary of \n Education.''.\n (b) Certified Midwife Benefit.--\n (1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the \n Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended \n by inserting ``, certified midwife services'' after ``certified \n nurse-midwife services''.\n (2) Payment of benefits.--Section 1833(a)(1)(K) of the \n Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by \n inserting ``and certified midwife services'' after ``certified \n nurse-midwife services''.\n (c) Conforming Amendments.--\n (1) Use of carriers for administration of benefits.--\n Section 1842(b)(18)(C)(iii) of the Social Security Act (42 \n U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as \n defined in section 1861(gg)(2))'' and inserting ``or a \n certified midwife (as defined in paragraph (1)(B) and (2)(B), \n respectively, of section 1861(gg))''.\n (2) Health care professional defined.--Section \n 1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w-\n 22(j)(3)(D)) is amended by striking ``and certified nurse-\n midwife'' and inserting ``certified nurse-midwife, and \n certified midwife''.\n (3) Inpatient hospital services.--Section 1861(b)(4) of the \n Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by \n inserting ``, certified midwife services,'' after ``certified \n nurse-midwife services''.\n (4) Medical and other health services.--Section \n 1861(s)(2)(L) of the Social Security Act (42 U.S.C. \n 1395x(s)(2)(L)) is amended by inserting ``and certified midwife \n services'' before the semicolon at the end.\n (5) Rural health clinic services and federally qualified \n health clinic services.--Section 1861(aa) of the Social \n Security Act (42 U.S.C. 1395x(aa)) is amended--\n (A) in paragraph (2)(J), by striking ``, or a \n certified nurse-midwife (as defined in subsection \n (gg))'' and inserting ``, a certified nurse-midwife (as \n defined in subsection (gg)(1)(B)), or a certified \n midwife (as defined in subsection (gg)(2)(B))''; and\n (B) in paragraph (7)(A), by striking ``or certified \n nurse midwife'' and inserting ``, certified nurse-\n midwife, or certified midwife''.\n (6) Certified nurse-midwife services.--The heading of \n section 1861(gg) of the Social Security Act (42 U.S.C. \n 1395x(gg)) is amended by adding at the end the following:\n\n ``; Certified Midwife Services''.\n\n (7) Exclusions from coverage and medicare as secondary \n payer.--Section 1862(a)(14) of the Social Security Act (42 \n U.S.C. 1395y(a)(14)) is amended by inserting ``, certified \n midwife services'' after ``certified nurse-midwife services''.\n (8) Agreements with providers of services.--Section \n 1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by \n inserting ``, certified midwife services'' after ``certified \n nurse-midwife services''.\n (9) Exclusion from payment to skilled nursing facilities \n for routine service costs.--Section 1888(e)(2)(A)(ii) of the \n Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended \n by inserting ``, certified midwife services'' after ``certified \n nurse-midwife services''.\n (10) Medicaid definitions.--Section 1905 of the Social \n Security Act (42 U.S.C. 1396d) is amended--\n (A) in subsection (a)(17)--\n (i) by striking ``a nurse-midwife (as \n defined in section 1861(gg)) which the nurse-\n midwife is'' and inserting ``a certified nurse-\n midwife or a certified midwife (as defined in \n paragraphs (1)(B) and (2)(B), respectively, of \n section 1861(gg)) which the certified nurse-\n midwife or certified midwife, as the case may \n be, is''; and\n (ii) by striking ``whether or not the \n nurse-midwife'' and inserting ``whether or not \n the certified nurse-midwife or certified \n midwife, as the case may be,''; and\n (B) in subsection (t)(2)(B)(ii), by striking ``(as \n defined in section 1861(gg))'' and inserting ``or a \n certified midwife (as defined in paragraphs (1)(B) and \n (2)(B), respectively, of section 1861(gg)(2)(B))''.\n (11) Medicaid managed care.--Section 1932(b)(3)(C) of the \n Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by \n striking ``and certified nurse-midwife'' and inserting \n ``certified nurse-midwife, and certified midwife''.\n (d) Effective Date.--The amendments made by this section shall \napply to payment for certified nurse-midwife services and certified \nmidwife services furnished on or after the date of enactment of this \nAct.\n\nSEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE \n SERVICES AND CERTIFIED MIDWIFE SERVICES.\n\n (a) Amount of Payment.--Section 1833(a)(1)(K) of the Social \nSecurity Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65 \npercent of the prevailing charge that would be allowed for the same \nservice performed by a physician, or, for services furnished on or \nafter January 1, 1992, 65 percent'' and inserting ``95 percent''.\n (b) Effective Date.--The amendments made by subsection (a) shall \napply to certified nurse-midwife services and certified midwife \nservices furnished on or after the date of enactment of this Act.\n\nSEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH \n RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED \n MIDWIVES.\n\n (a) Payment to Hospital for Patients Under Care of Certified Nurse-\nMidwife or Certified Midwife.--Section 1861(e)(4) of the Social \nSecurity Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows:\n ``(4) has a requirement that every patient with respect to \n whom payment may be made under this title must be under the \n care of a physician, except that--\n ``(A) a patient receiving qualified psychologist \n services (as defined in subsection (B)) may be under \n the care of a clinical psychologist with respect to \n such services to the extent permitted under State law; \n and\n ``(B) a patient receiving certified nurse-midwife \n services or certified midwife services (as defined in \n paragraphs (1)(B) and (2)(B), respectively, of \n subsection (gg)) may be under the care of a certified \n nurse-midwife or certified midwife, as the case may be, \n with respect to such services to the extent permitted \nunder State law;''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of enactment of this Act.\n\nSEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES.\n\n (a) Freestanding Birth Center Services and Freestanding Birth \nCenter Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C. \n1395x(gg)) (as amended by section 2(a)) is amended by adding at the end \nthe following new paragraph:\n ``(3)(A) The term `freestanding birth center services' means items \nand services furnished by a freestanding birth center (as defined in \nsubparagraph (B)) as would otherwise be covered if furnished by a \nhospital.\n ``(B)(i) The term `freestanding birth center' means a facility or \ninstitution--\n ``(I) in which births are planned to occur (outside the \n mother's place of residence);\n ``(II) in which comprehensive health care services are \n furnished; and\n ``(III) which has been approved by the Secretary or \n accredited by an organization recognized by the Secretary for \n purposes of accrediting freestanding birth centers.\n ``(ii) Such term does not include--\n ``(I) a rural health clinic, critical access hospital, or a \n sole community hospital; or\n ``(II) a facility or institution that is a hospital or an \n ambulatory surgical center, unless with respect to ambulatory \n surgical centers, the State law or regulation that regulates \n such centers also regulates freestanding birth centers in the \n State.''.\n (b) Freestanding Birth Center Benefit.--\n (1) Scope of benefits.--Section 1832(a)(2) of the Social \n Security Act (42 U.S.C. 1395l(a)(2)) is amended--\n (A) in subparagraph (I), by striking ``and'' at the \n end;\n (B) in subparagraph (J), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(K) freestanding birth center services performed \n in a freestanding birth center if the center has an \n agreement in effect with the Secretary by which the \n center agrees to accept the amount of payment \n determined under section 1833(u) as full payment for \n such services, and to accept assignment described in \n section 1842(b)(3)(B)(ii) with respect to payment for \n all such services furnished by the center to \n individuals enrolled under this part.''.\n (2) Payment of benefits.--Section 1833 of the Social \n Security Act (42 U.S.C. 1395l) is amended by adding at the end \n the following new subsection:\n ``(u) Payment for Freestanding Birth Center Services.--The \nSecretary shall establish by regulation the amount of payment to be \nmade for facility services furnished in connection with freestanding \nbirth center services and furnished to an individual in a freestanding \nbirth center under this title.''.\n (c) Conforming Amendments.--\n (1) Medical and other health services.--Section \n 1861(s)(2)(L) of the Social Security Act (42 U.S.C. \n 1395x(s)(2)(L)) is amended--\n (A) by adding ``and'' at the end;\n (B) by inserting ``(i)'' after ``(L)''; and\n (C) by adding at the end the following new clause:\n ``(ii) freestanding birth center services;''.\n (2) Certified nurse-midwife services; certified midwife \n services.--The heading of section 1861(gg) of the Social \n Security Act (42 U.S.C. 1395x(gg)) (as amended by section \n 2(c)(6)) is amended by adding at the end the following:\n\n ``; Freestanding Birth Center Services''.\n\n (d) Effective Date.--The amendments made by this section shall \napply to freestanding birth center services furnished on or after the \ndate of enactment of this Act.\n\nSEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND \n CERTIFIED MIDWIVES.\n\n (a) Use of Carriers for Administration of Benefits.--The first \nsentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. \n1395u(b)(6)) is amended--\n (1) by striking ``and'' before ``(F)''; and\n (2) by inserting before the period at the end the \n following: ``, and (G) in the case of certified nurse-midwife \n services or certified midwife services described in section \n 1861(s)(2)(L), payment may be made in accordance with \n subparagraph (A), except that payment may also be made to such \n individual or entity (or to the agent of such individual or \n entity) as the certified nurse-midwife or certified midwife, as \n the case may be, may designate under an agreement between the \n certified nurse-midwife or certified midwife, as the case may \n be, and such individual or entity (or the agent of such \n individual or entity)''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to payment for certified nurse-midwife services and certified \nmidwife services furnished on or after the date of enactment of this \nAct.\n\nSEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE \n SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN \n TEACHING HOSPITALS.\n\n (a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social \nSecurity Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--\n (1) by inserting ``(I)'' after ``(iii)''; and\n (2) by adding at the end the following new subclause:\n ``(II) in the case of certified nurse-\n midwife services or certified midwife services \n furnished in a hospital which has a teaching \n program described in clause (i)(II), such \n services may be furnished as provided under \nsections 1842(b)(7)(E) and 1861(b)(8);''.\n (b) Clarification Regarding Payments Under Part B for Such Services \nFurnished in Teaching Hospitals.--\n (1) In general.--Section 1842(b)(7) of the Social Security \n Act (42 U.S.C. 1395u(b)(7)) is amended--\n (A) in subparagraph (A), in the matter preceding \n clause (i), by inserting ``or, for purposes of \n subparagraph (E), the conditions described in section \n 1861(b)(8),'' after ``section 1861(b)(7),'';\n (B) in subparagraph (C), by inserting ``or, for \n purposes of subparagraph (E), the conditions described \n in section 1861(b)(8),'' after ``section 1861(b)(7),''; \n and\n (C) by adding at the end the following new \n subparagraph:\n ``(E) In the case of certified nurse-midwife services or certified \nmidwife services furnished to a patient in a hospital with a teaching \nprogram approved as specified in section 1861(b)(6) but which does not \nmeet the conditions described in section 1861(b)(8), the provisions of \nsubparagraphs (A) through (C) shall apply with respect to a certified \nnurse-midwife or a certified midwife, as the case may be, under this \nsubparagraph as such provisions apply to a physician under such \nsubparagraphs.''.\n (2) Regulations.--Not later than 6 months after the date of \n enactment of this Act, the Secretary shall promulgate \n regulations to carry out the amendments made by paragraph (1).\n (c) Inpatient Hospital Services.--Section 1861(b) of the Social \nSecurity Act (42 U.S.C. 1395x(b)) is amended--\n (1) in paragraph (6)--\n (A) by inserting ``(A)'' after ``(6)''; and\n (B) by adding at the end the following new \n subparagraph:\n ``(B) in the case of services in a hospital or osteopathic \n hospital, an intern or resident-in-training in the field of \n obstetrics and gynecology taught or supervised by a certified \n nurse-midwife or certified midwife (as defined in paragraphs \n (1)(B) and (2)(B), respectively, of subsection (gg)) to the \n extent permitted under State law and as may be authorized by \n the hospital;'';\n (2) in paragraph (7), by striking the period at the end and \n inserting ``; or''; and\n (3) by adding at the end the following new paragraph:\n ``(8) a certified nurse-midwife or a certified midwife \n where the hospital has a teaching program approved as specified \n in paragraph (6), if--\n ``(A) the hospital elects to receive any payment \n due under this title for reasonable costs of such \n services; and\n ``(B) all certified nurse-midwives and certified \n midwives in such hospital agree not to bill charges for \n professional services rendered in such hospital to \n individuals covered under the insurance program \n established by this title.''.\n\nSEC. 8. INTERIM AND FINAL REGULATIONS.\n\n Except with respect to the amendments made by section 7(b), in \norder to carry out the amendments made by this Act in a timely manner, \nthe Secretary of Health and Human Services may first promulgate \nregulations that take effect on an interim basis after notice and \npending opportunity for public comment by not later than 1 year after \nthe date of enactment of this Act.","summary":"Increases Medicare payments for certified nurse-midwife and certified midwife services. Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives, (2) billing rights of such practitioners. And (3) payments for the services of such practitioners furnished in teaching hospitals.","title":"Promoting Access to Medicare Midwifery Services Act of 2000","text_len":19520,"sum_len":351} {"bill_id":"107_s577","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Managed Care Integrity Act of \n2001''.\n\nSEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED \n CARE ENTITIES.\n\n (a) Application to Managed Care Entities.--\n (1) In general.--Notwithstanding any other provision of \n law, each health benefits plan offered by a managed care entity \n shall ensure that, with respect to a contract year, the \n actuarial value of the aggregate benefits provided under the \n plan during such year to enrollees is not less than 85 percent \n of the aggregate amount of payments received from, or on behalf \n of, such enrollees for such year.\n (2) Waiver of requirements.--\n (A) In general.--The Secretary of Health and Human \n Services may waive the requirement of paragraph (1) for \n a 12-month period with respect to a managed care entity \n if the Secretary determines, based on the \n recommendations of the agency responsible for licensing \n such entity (or the health care plans of such entity) \n in a State, that--\n (i) the solvency of the entity is in \n jeopardy; or\n (ii) compliance with the requirement would \n cause the entity to fail to meet the solvency \n requirements required for licensure in the \n State.\n (B) Renewals.--The Secretary of Health and Human \n Services may renew a waiver under subparagraph (A), \n except that the no waiver may be granted for a period \n in excess of 24 months in any 36-month period.\n (3) Administrative costs.--\n (A) Limitation.--For purposes of this subsection, \n the costs associated with the management and operation \n of a managed care plan (including the costs of \n compensation and personnel fringe benefits, interest \n expenses, costs of occupancy of a facility, and \n marketing costs) shall not be included in determining \n the actuarial value of the aggregate benefits provided \n under the plan.\n (B) Regulations.--The Secretary of Health and Human \n Services shall promulgate regulations to define ``costs \n associated with the management and operation of a \n manages care plan'' for purposes of subparagraph (A).\n (4) Definition.--For purposes of this subsection, the term \n ``managed care entity'' shall include--\n (A) managed care entities providing health care \n coverage for individuals under a group health plan or \n individual health insurance coverage;\n (B) medicaid managed care organizations as defined \n in section 1903(m)(1)(A) of the Social Security Act (42 \n U.S.C. 1396b(m)(1)(A));\n (C) managed care entities that provide health care \n coverage for individuals under the Federal Employees \n Health Benefits Program under chapter 89 of title 5, \n United States Code; and\n (D) managed care entities that provide health care \n coverage for members of the armed forces and their \n families under chapter 55 of title 10, United States \n Code.\n (5) Effective date.--Paragraph (1) shall apply to contract \n years beginning on or after January 1, 2002.\n (6) Enforcement.--The Secretary of Health and Human \n Services shall develop formal investigation and compliance \n procedures with respect to complaints received by the Secretary \n concerning the failure of a health benefits plan to comply with \n the provisions of this subsection. Under such procedures--\n (A) the Secretary shall provide the plan with the \n reasonable opportunity to develop and implement a \n corrective action plan to correct the deficiencies that \n were the basis of the complaint received by the \n Secretary; and\n (B) the Secretary shall provide the plan with \n reasonable notice and opportunity for a hearing \n (including the right to appeal an initial decision) \n prior to applying the sanctions described in subsection \n (c).\n (b) Medicare+Choice Organizations.--\n (1) In general.--Section 1852 of the Social Security Act \n (42 U.S.C. 1395w-22) is amended by adding at the end the \n following new subsection:\n ``(l) Requirement Relating to the Provision of Benefits.--\n ``(1) In general.--Each Medicare+Choice plan offered by a \n Medicare+Choice organization shall ensure that, with respect to \n a contract year, the actuarial value of the aggregate benefits \n provided under the plan during such year to Medicare+Choice \n eligible individuals enrolled in the plan is not less than 85 \n percent of the aggregate amount of payments received from, or \n on behalf of, such individuals for such year.\n ``(2) Waiver of requirement.--\n ``(A) In general.--The Secretary may waive the \n requirement under paragraph (1) for a 12-month period \nwith respect to a Medicare+Choice plan offered by a Medicare+Choice \norganization, if the Secretary determines, based, except for an \norganization with a waiver under section 1855(a)(2), on the \nrecommendations of the agency responsible for licensing such plan in a \nState, that--\n ``(i) the solvency of the Medicare+Choice \n organization is in jeopardy; or\n ``(ii) compliance with the requirement \n would cause the Medicare+Choice organization to \n fail to meet the solvency requirements required \n for licensure in the State or under this part.\n ``(B) Renewals.--The Secretary may renew a waiver \n under subparagraph (A), except that no waiver may be \n granted for a period in excess of 24 months in any 36-\n month period.\n ``(3) Administrative costs.--\n ``(A) Limitation.--For purposes of this subsection, \n the costs associated with the management and operation \n of a Medicare+Choice plan (including the costs of \n compensation and personnel fringe benefits, interest \n expenses, costs of occupancy of a facility, and \n marketing costs) shall not be included in determining \n the actuarial value of the aggregate benefits provided \n under the plan.\n ``(B) Regulations.--The Secretary shall promulgate \n regulations to define `costs associated with the \n management and operation of a manages care plan' for \n purposes of subparagraph (A).\n ``(4) Enforcement.--The Secretary may terminate a contract \n with a Medicare+Choice organization under section 1857 in \n accordance with formal investigation and compliance procedures \n established by the Secretary under which--\n ``(A) the Secretary provides the organization with \n the reasonable opportunity to develop and implement a \n corrective action plan to correct the deficiencies that \n were the basis of the Secretary's determination under \n this paragraph; and\n ``(B) the Secretary provides the organization with \n reasonable notice and opportunity for hearing \n (including the right to appeal an initial decision) \n before terminating the contract.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to contract years beginning on or after January 1, \n 2002.\n (c) Sanctions.--\n (1) In general.--If the Secretary of Health and Human \n Services determines that a health benefits plan or a \n Medicare+Choice organization fails substantially to comply with \n the provision of this Act or section 1852(l) of the Social \n Security Act the Secretary may provide, in addition to any \n other remedies authorized by law, for any of the remedies \n described in paragraph (2).\n (2) Remedies.--The remedies described in this paragraph \n are--\n (A) civil money penalties of not more than $25,000 \n for each determination under paragraph (1) or, with \n respect to such a determination involving \n misrepresentation or falsifying information, of not \n more than $100,000 for each such determination; and\n (B) with respect to Medicare+Choice organizations--\n (i) suspension of enrollment of individuals \n under part C of title XVIII of the Social \n Security Act after the date the Secretary \n notifies the organization of a determination \n under paragraph (1) and until the Secretary is \n satisfied that the basis for such determination \n has been corrected and is not likely to recur; \n or\n (ii) suspension of payment to the \n organization under such part for individuals \n enrolled after the date the Secretary notifies \n the organization of a determination under \n paragraph (1) and until the Secretary is \n satisfied that the basis for such determination \n has been corrected and is not likely to recur.","summary":"Managed Care Integrity Act of 2001 - Requires health benefits plans offered by managed care entities to ensure that the actuarial value of the aggregate plan benefits is at least 85 percent of the aggregate amount of payments received from, or on behalf of, plan enrollees. Waives such requirement for a limited period if an entity's solvency is in jeopardy or compliance would cause the entity's failure to meet State solvency requirements. Includes Medicaid managed care organizations and managed care entities providing health care coverage for Federal employees and members of the armed forces within the definition of managed care entity. Requires the Secretary of Health and Human Services to develop related investigation and compliance procedures. Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of this Act to MedicareChoice organizations. Sets forth noncompliance remedies.","title":"A bill to limit the administrative expenses and profits of managed care entities to not more than 15 percent of premium revenues.","text_len":10367,"sum_len":918} {"bill_id":"106_s918","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Reservists Small Business \nRelief Act of 1999''.\n\nSEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS.\n\n Section 7 of the Small Business Act (15 U.S.C. 636) is amended by \nadding at the end the following:\n ``(n) Repayment Deferred for Active Duty Reservists.--\n ``(1) Definitions.--In this subsection:\n ``(A) Eligible reservist.--The term `eligible \n reservist' means a member of a reserve component of the \n Armed Forces ordered to active duty during a period of \n military conflict.\n ``(B) Essential employee.--The term `essential \n employee' means an individual who is employed by a \n small business concern and whose managerial or \n technical expertise is critical to the successful day-\n to-day operations of that small business concern.\n ``(C) Period of military conflict.--The term \n `period of military conflict' means--\n ``(i) a period of war declared by Congress;\n ``(ii) a period of national emergency \n declared by Congress or by the President; or\n ``(iii) a period of a contingency \n operation, as defined in section 101(a) of \n title 10, United States Code.\n ``(D) Qualified borrower.--The term `qualified \n borrower' means--\n ``(i) an individual who is an eligible \n reservist and who received a direct loan under \n subsection (a) or (b) before being ordered to \n active duty; or\n ``(ii) a small business concern that \n received a direct loan under subsection (a) or \n (b) before an eligible reservist, who is an \n essential employee, was ordered to active duty.\n ``(2) Deferral of direct loans.--\n ``(A) In general.--The Administration shall, upon \n written request, defer repayment of principal and \n interest due on a direct loan made under subsection (a) \n or (b), if such loan was incurred by a qualified \n borrower.\n ``(B) Period of deferral.--The period of deferral \n for repayment under this paragraph shall begin on the \n date on which the eligible reservist is ordered to \n active duty and shall terminate on the date that is 180 \n days after the date such eligible reservist is \n discharged or released from active duty.\n ``(C) Interest rate reduction during deferral.--\n Notwithstanding any other provision of law, during the \n period of deferral described in subparagraph (B), the \n Administration may, in its discretion, reduce the \n interest rate on any loan qualifying for a deferral \n under this paragraph.\n ``(3) Deferral of loan guarantees and other financings.--\n The Administration shall--\n ``(A) encourage intermediaries participating in the \n program under subsection (m) to defer repayment of a \n loan made with proceeds made available under that \n subsection, if such loan was incurred by a small \n business concern that is eligible to apply for \n assistance under subsection (b)(3); and\n ``(B) not later than 30 days after the date of \n enactment of this subsection, establish guidelines to--\n ``(i) encourage lenders and other \n intermediaries to defer repayment of, or \n provide other relief relating to, loan \n guarantees under subsection (a) and financings \n under section 504 of the Small Business \n Investment Act of 1958 that were incurred by \n small business concerns that are eligible to \n apply for assistance under subsection (b)(3), \n and loan guarantees provided under subsection \n (m) if the intermediary provides relief to a \n small business concern under this paragraph; \n and\n ``(ii) implement a program to provide for \n the deferral of repayment or other relief to \n any intermediary providing relief to a small \n business borrower under this paragraph.''.\n\nSEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL \n BUSINESSES.\n\n Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is \namended by inserting after the undesignated paragraph that begins with \n``Provided, That no loan'', the following:\n ``(3)(A) In this paragraph--\n ``(i) the term `essential employee' means an \n individual who is employed by a small business concern \n and whose managerial or technical expertise is critical \n to the successful day-to-day operations of that small \n business concern;\n ``(ii) the term `period of military conflict' has \n the meaning given the term in subsection (n)(1); and\n ``(iii) the term `substantial economic injury' \n means an economic harm to a business concern that \n results in the inability of the business concern--\n ``(I) to meet its obligations as they \n mature;\n ``(II) to pay its ordinary and necessary \n operating expenses; or\n ``(III) to market, produce, or provide a \n product or service ordinarily marketed, \n produced, or provided by the business concern.\n ``(B) The Administration may make such disaster loans \n (either directly or in cooperation with banks or other lending \n institutions through agreements to participate on an immediate \n or deferred basis) to assist a small business concern that has \n suffered or that is likely to suffer substantial economic \n injury as the result of an essential employee of such small \n business concern being ordered to active military duty during a \n period of military conflict.\n ``(C) A small business concern described in subparagraph \n (B) shall be eligible to apply for assistance under this \n paragraph during the period beginning on the date on which the \n essential employee is ordered to active duty and ending on the \n date that is 90 days after the date on which such essential \n employee is discharged or released from active duty.\n ``(D) Any loan or guarantee extended pursuant to this \n paragraph shall be made at the same interest rate as economic \n injury loans under paragraph (2).\n ``(E) No loan may be made under this paragraph, either \n directly or in cooperation with banks or other lending \n institutions through agreements to participate on an immediate \n or deferred basis, if the total amount outstanding and \n committed to the borrower under this subsection would exceed \n $1,500,000, unless such applicant constitutes a major source of \n employment in its surrounding area, as determined by the \n Administration, in which case the Administration, in its \n discretion, may waive the $1,500,000 limitation.\n ``(F) For purposes of assistance under this paragraph, no \n declaration of a disaster area shall be required.''.\n\nSEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR MILITARY \n RESERVISTS' SMALL BUSINESSES.\n\n (a) In General.--Section 8 of the Small Business Act (15 U.S.C. \n637) is amended by adding at the end the following:\n ``(l) Management Assistance for Small Businesses Affected by \nMilitary Operations.--The Administration shall utilize, as appropriate, \nits entrepreneurial development and management assistance programs, \nincluding programs involving State or private sector partners, to \nprovide business counseling and training to any small business concern \nadversely affected by the deployment of units of the Armed Forces of \nthe United States in support of a period of military conflict (as \ndefined in section 7(n)(1)).''.\n (b) Enhanced Publicity During Operation Allied Force.--For the \nduration of Operation Allied Force and for 120 days thereafter, the \nAdministration shall enhance its publicity of the availability of \nassistance provided pursuant to the amendments made by this Act, \nincluding information regarding the appropriate local office at which \naffected small businesses may seek such assistance.\n\nSEC. 5. GUIDELINES.\n\n Not later than 30 days after the date of enactment of this Act, the \nAdministrator of the Small Business Administration shall issue such \nguidelines as the Administrator determines to be necessary to carry out \nthis Act and the amendments made by this Act.\n\nSEC. 6. EFFECTIVE DATES.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this Act shall take effect on the date of the \nenactment of this Act.\n (b) Disaster Loans.--The amendments made by section 3 shall apply \nto economic injury suffered or likely to be suffered as the result of a \nperiod of military conflict occurring or ending on or after March 24, \n1999.\n\n Passed the Senate July 27, 1999.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty. And (2) is an essential employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the essential employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 90 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of US armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance.","title":"Military Reservists Small Business Relief Act of 1999","text_len":10236,"sum_len":1717} {"bill_id":"115_hr2329","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nation Building Here at Home Act of \n2017''.\n\nSEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM.\n\n (a) Establishment.--Not later than 270 days after the date of \nenactment of this Act, the Secretary of Transportation shall establish \na transformational infrastructure competitive grant program.\n (b) Grant Authority.--In carrying out the program established under \nsubsection (a), the Secretary may make a grant, on a competitive basis, \nto any of the following:\n (1) A State government.\n (2) A local government.\n (3) A transit agency.\n (4) A port authority.\n (c) Eligible Projects.--\n (1) In general.--A grant made under subsection (b) may be \n used for any of the following, if the Secretary determines that \n the project will significantly impact a metropolitan area, a \n region, or all of the United States:\n (A) A highway or bridge project eligible under \n title 23, United States Code, including interstate \n rehabilitation, improvements to the rural collector \n road system, the reconstruction of overpasses and \n interchanges, bridge replacements, bridge painting, \n seismic retrofit projects for bridges, and road \n realignments.\n (B) A public transportation project eligible under \n chapter 53 of title 49, United States Code, including \n investment in a project participating in the New Starts \n or Small Starts programs that will expedite the \n completion of that project and its entry into revenue \n service.\n (C) A passenger or freight rail transportation \n project.\n (D) A port infrastructure investment, including a \n project that connects ports to other modes of \n transportation and improves the efficiency of freight \n movement.\n (E) An aviation infrastructure project.\n (F) A water infrastructure project.\n (2) Coordination.--With respect to a project described in \n paragraph (1)(F), the Secretary shall coordinate any grant for \n such a project with the Administrator of the Environmental \n Protection Agency and the Secretary of the Army (acting through \n the Chief of Engineers).\n (d) Applications and Criteria for Grant Awards.--\n (1) Applications.--To be eligible for a grant made under \n subsection (b), an entity described in paragraph (1), (2), (3), \n or (4) of that subsection shall submit to the Secretary an \n application in such form, at such time, and containing such \n information as the Secretary determines appropriate.\n (2) Criteria for grant awards.--Not later than 90 days \n after the date of enactment of this Act, the Secretary shall \n issue regulations specifying the criteria that the Secretary \n will use to make grants on a competitive basis under subsection \n (b).\n (3) Financial commitments.--The criteria specified by the \n Secretary under paragraph (2) shall include criteria for the \n consideration of--\n (A) whether there are financial commitments in \n place with respect to a proposed project;\n (B) the degree of certainty with respect to such \n financial commitments; and\n (C) whether such financial commitments are from \n non-Federal sources.\n (e) Federal Share.--The Federal share of the cost of a project \nassisted with a grant made under subsection (b) may not exceed 100 \npercent of that cost.\n (f) Considerations.--In making grants under subsection (b), the \nSecretary shall ensure, to the extent practicable, that the grants--\n (1) are distributed geographically in an equitable manner;\n (2) address the needs of both urban and rural areas \n appropriately;\n (3) promote the training and employment of veterans, \n including by having applicable contractors provide to veterans \n a preference during the hiring and referral of laborers;\n (4) are utilized in a manner that ensures an appropriate \n percentage of grant amounts are expended through small business \n concerns owned and controlled by socially and economically \n disadvantaged individuals (as determined by the Secretary); and\n (5) promote the utilization of participants in a registered \n apprenticeship program, including by providing a preference to \n proposed projects that incorporate such utilization.\n (g) Applicability of Title 40.--Each project conducted using funds \nprovided with a grant made under subsection (b) shall comply with the \nrequirements of subchapter IV of chapter 31 of title 40, United States \nCode.\n (h) Buy America.--\n (1) In general.--None of the funds made available for a \n project under this Act may be used for the project unless all \n of the iron, steel, and manufactured goods used in the project \n are produced in the United States.\n (2) Exceptions.--Paragraph (1) shall not apply in any case \n or category of cases in which the Secretary finds that--\n (A) applying paragraph (1) would be inconsistent \n with the public interest;\n (B) iron, steel, or the relevant manufactured goods \n are not produced in the United States in sufficient and \n reasonably available quantities or to a satisfactory \n quality; or\n (C) inclusion of iron, steel, and manufactured \n goods produced in the United States will increase the \n cost of the overall project by more than 25 percent.\n (3) Justifications.--If the Secretary determines that it is \n necessary to waive the application of paragraph (1) based on a \n finding under paragraph (2), the Secretary shall publish in the \n Federal Register a detailed justification for the waiver.\n (4) International agreements.--This subsection shall be \n applied in a manner consistent with United States obligations \n under international agreements.\n (i) Transparency and Accountability.--In carrying out the program \nestablished under subsection (a), the Secretary shall--\n (1) take actions to ensure that grants made under \n subsection (b) are utilized as expeditiously and efficiently as \n possible;\n (2) make available to the public, on an appropriate Web \n site of the Department of Transportation, information on each \n grant made under subsection (b); and\n (3) submit to Congress, not later than 1 year after the \n first grant is made under subsection (b), and annually \n thereafter, information on grants made under subsection (b), \n including the progress made on projects funded by such grants.\n (j) Environmental Streamlining.--The Secretary shall coordinate, to \nthe maximum extent practicable, with relevant Federal departments and \nagencies to ensure that environmental reviews are conducted in a manner \nthat facilitates the accelerated delivery of projects for which a grant \nis made under this section.\n (k) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n the Secretary to make grants under the program established \n under subsection (a) $1,263,000,000,000, in the aggregate, for \n fiscal years 2018 through 2022.\n (2) Eligible project use.--From the amounts made available \n under paragraph (1), the Secretary shall use--\n (A) 85 percent of the amounts to make grants for \n projects described in subparagraph (A), (B), or (C) of \n subsection (c)(1);\n (B) 2 percent of the amounts to make grants for \n projects described in subparagraph (D) of subsection \n (c)(1);\n (C) 4 percent of the amounts to make grants for \n projects described in subparagraph (E) of subsection \n (c)(1); and\n (D) 9 percent of the amounts to make grants for \n projects described in subparagraph (F) of subsection \n (c)(1).\n\nSEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE.\n\n (a) Establishment.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of the Treasury, in consultation \nwith the Secretary of Transportation, shall establish a Nation Building \nHere at Home Financing Initiative in accordance with this section.\n (b) Authority To Issue Bonds.--In carrying out the initiative \nestablished under subsection (a), the Secretary of the Treasury may \nissue bonds. The aggregate face amount of bonds issued under this \nsubsection may not exceed $300,000,000,000.\n (c) Characteristics of Bonds.--Bonds issued under subsection (b) \nshall be issued in such amounts, bear such rates of interest, and be \nsubject to such terms and conditions as the Secretary of the Treasury \nmay prescribe.\n (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make \navailable to the Secretary of Transportation the proceeds resulting \nfrom bonds issued under subsection (b). The Secretary of Transportation \nmay use such proceeds only to carry out the program established under \nsection 2(a) of this Act.\n\nSEC. 4. REPORT.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Transportation shall submit to Congress a \ncomprehensive report describing the transportation needs of the United \nStates for each of the following:\n (1) The 20-year period beginning on the date of enactment \n of this Act.\n (2) The 30-year period beginning after the period described \n in paragraph (1).\n (3) The 50-year period beginning after the period described \n in paragraph (2).","summary":"Nation Building Here at Home Act of 2017 This bill directs the Department of Transportation (DOT) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects that will significantly impact a metropolitan area, a region, or all of the United States. The federal share of project costs is 100. The iron, steel, and manufactured goods used in projects funded under this bill must have been produced in the United States, except in specified circumstances. DOT shall coordinate with relevant federal departments and agencies to ensure that environmental reviews are made in a manner that accelerates delivery of such projects. The Department of the Treasury shall establish a Nation Building Here at Home Financing Initiative.","title":"Nation Building Here at Home Act of 2017","text_len":10373,"sum_len":865} {"bill_id":"110_hr3909","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Airlift Requirements \nAct''.\n\nSEC. 2. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT FORCE.\n\n (a) Study Required.--\n (1) In general.--The Secretary of Defense shall conduct a \n study on various alternatives for the size and mix of assets \n for the Air Force intertheater airlift force, with a particular \n focus on current and planned capabilities and costs of the C-5 \n aircraft and C-17 aircraft fleets.\n (2) Conduct of study.--\n (A) Use of ffrdc.--The Secretary shall select to \n conduct the study required by subsection (a) a \n federally funded research and development center \n (FFRDC) that has experience and expertise in conducting \n studies similar to the study required by subsection \n (a).\n (B) Development of study methodology.--Not later \n than 90 days after the date of enactment of this Act, \n the federally funded research and development center \n selected for the conduct of the study shall--\n (i) develop the methodology for the study; \n and\n (ii) submit the methodology to the \n Comptroller General of the United States for \n review.\n (C) Comptroller general review.--Not later than 30 \n days after receipt of the methodology under \n subparagraph (B), the Comptroller General shall--\n (i) review the methodology for purposes of \n identifying any flaws or weaknesses in the \n methodology; and\n (ii) submit to the federally funded \n research and development center a report that--\n (I) sets forth any flaws or \n weaknesses in the methodology \n identified by the Comptroller General \n in the review; and\n (II) makes any recommendations the \n Comptroller General considers advisable \n for improvements to the methodology.\n (D) Modification of methodology.--Not later than 30 \n days after receipt of the report under subparagraph \n (C), the federally funded research and development \n center shall--\n (i) modify the methodology in order to \n address flaws or weaknesses identified by the \n Comptroller General in the report and to \n improve the methodology in accordance with the \n recommendations, if any, made by the \n Comptroller General; and\n (ii) submit to the congressional defense \n committees a report that--\n (I) describes the modifications of \n the methodology made by the federally \n funded research and development center; \n and\n (II) if the federally funded \n research and development center does \n not improve the methodology in \n accordance with any particular \n recommendation of the Comptroller \n General, sets forth a description and \n explanation of the reasons for such \n action.\n (3) Utilization of other studies.--The study shall build \n upon the results of the recent Mobility Capabilities Studies of \n the Department of Defense, the on-going Intratheater Airlift \n Fleet Mix Analysis, and other appropriate studies and analyses. \n The study should also include any results reached on the \n modified C-5A aircraft configured as part of the Reliability \n Enhancement and Re-engining Program (RERP) configuration, as \n specified in section 132 of the National Defense Authorization \n Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411).\n (b) Elements.--The study under subsection (a) shall address the \nfollowing:\n (1) The state of the current intertheater airlift fleet of \n the Air Force, including the extent to which the increased use \n of heavy airlift aircraft in Operation Iraqi Freedom, Operation \n Enduring Freedom, and other ongoing operations is affecting the \n aging of the aircraft of that fleet.\n (2) The adequacy of the current intertheater airlift force, \n including whether or not the current target number of 301 \n airframes for the Air Force heavy lift aircraft fleet will be \n sufficient to support future expeditionary combat and non-\n combat missions as well as domestic and training mission \n demands consistent with the requirements of the National \n Military Strategy.\n (3) The optimal mix of C-5 aircraft and C-17 aircraft for \n the intertheater airlift fleet of the Air Force, and any \n appropriate mix of C-5 aircraft and C-17 aircraft for \n intratheater airlift missions, including an assessment of the \n following:\n (A) The cost advantages and disadvantages of \n modernizing the C-5 aircraft fleet when compared with \n procuring new C-17 aircraft, which assessment shall be \n performed in concert with the Cost Analysis Improvement \n Group and be based on program life cycle cost estimates \n for the respective aircraft.\n (B) The military capability of the C-5 aircraft and \n the C-17 aircraft, including number of lifetime flight \n hours, cargo and passenger carrying capabilities, and \n mission capable rates for such airframes. In the case \n of assumptions for the C-5 aircraft, and any \n assumptions made for the mission capable rates of the \n C-17 aircraft, sensitivity analyses shall also be \n conducted to test assumptions. The military capability \n study for the C-5 aircraft shall also include an \n assessment of the mission capable rates after each of \n the following:\n (i) Successful completion of the Avionics \n Modernization Program (AMP) and the Reliability \n Enhancement and Re-engining Program (RERP).\n (ii) Partially successful completion of the \n Avionics Modernization Program and the \n Reliability Enhancement and Re-engining \n Program, with partially successful completion \n of either such program being considered the \n point at which the continued execution of such \n program is no longer supported by cost-benefit \n analysis.\n (C) The tactical capabilities of strategic airlift \n aircraft, the potential increase in use of strategic \n airlift aircraft for tactical missions, and the value \n of such capabilities to tactical operations.\n (D) The value of having more than one type of \n aircraft in the strategic airlift fleet, and the \n potential need to pursue a replacement aircraft for the \n C-5 aircraft that is larger than the C-17 aircraft.\n (4) The means by which the Air Force was able to restart \n the production line for the C-5 aircraft after having closed \n the line for several years, and the actions to be taken to \n ensure the production line for the C-17 aircraft could be \n restarted if necessary, including--\n (A) an analysis of the costs of closing and re-\n opening the production line for the C-5 aircraft; and\n (B) an assessment of the costs of closing and re-\n opening the production line for the C-17 aircraft on a \n similar basis.\n (5) The financial effects of retiring, upgrading and \n maintaining, or continuing current operations of the C-5A \n aircraft fleet on procurement decisions relating to the C-17 \n aircraft.\n (6) The impact that increasing the role and use of \n strategic airlift aircraft in intratheater operations will have \n on the current target number for strategic airlift aircraft of \n 301 airframes, including an analysis of the following:\n (A) The appropriateness of using C-5 aircraft and \n C-17 aircraft for intratheater missions, as well as the \n efficacy of these aircraft to perform current and \n projected future intratheater missions.\n (B) The interplay of existing doctrinal \n intratheater airlift aircraft (such as the C-130 \n aircraft and the future Joint Cargo Aircraft (JCA)) \n with an increasing role for C-5 aircraft and C-17 \n aircraft in intratheater missions.\n (C) The most appropriate and likely missions for C-\n 5 aircraft and C-17 aircraft in intratheater operations \n and the potential for increased requirements in these \n mission areas.\n (D) Any intratheater mission sets best performed by \n strategic airlift aircraft as opposed to traditional \n intratheater airlift aircraft.\n (E) Any requirements for increased production or \n longevity of C-5 aircraft and C-17 aircraft, or for a \n new strategic airlift aircraft, in light of the matters \n analyzed under this paragraph.\n (7) Taking into consideration all applicable factors, \n whether or not the replacement of C-5 aircraft with C-17 \n aircraft on a one-for-one basis will result in the retention of \n a comparable strategic airlift capability.\n (c) Construction.--Nothing in this section shall be construed to \nexclude from the study under subsection (a) consideration of airlift \nassets other than the C-5 aircraft or C-17 aircraft that do or may \nprovide intratheater and intertheater airlift, including the potential \nthat such current or future assets may reduce requirements for C-5 \naircraft or C-17 aircraft.\n (d) Collaboration With Transcom.--The federally funded research and \ndevelopment center selected under subsection (a) shall conduct the \nstudy required by that subsection and make the report required by \nsubsection (e) in concert with the United States Transportation \nCommand.\n (e) Report by FFRDC.--\n (1) In general.--Not later than February 4, 2009, the \n federally funded research and development center selected under \n subsection (a) shall submit to the Secretary of Defense, the \n congressional defense committees, and the Comptroller General \n of the United States a report on the study required by \n subsection (a).\n (2) Review by gao.--Not later than 90 days after receipt of \n the report under paragraph (1), the Comptroller General shall \n submit to the congressional defense committee a report on the \n study conducted under subsection (a) and the report under \n paragraph (1). The report under this subsection shall include \n an analysis of the study under subsection (a) and the report \n under paragraph (1), including an assessment by the Comptroller \n General of the strengths and weaknesses of the study and \n report.\n (f) Report by Secretary of Defense.--\n (1) In general.--Not later than _____, 2009, the Secretary \n of Defense shall submit to the Committee on Armed Services of \n the Senate and the Committee on Armed Services of the House of \n Representatives a report on the study required by subsection \n (a).\n (2) Elements.--The report shall include a comprehensive \n discussion of the findings of the study, including a particular \n focus on the following:\n (A) A description of lift requirements and \n operating profiles for intertheater airlift aircraft \n required to meet the National Military Strategy, \n including assumptions regarding:\n (i) Current and future military combat and \n support missions.\n (ii) The planned force structure growth of \n the Army and the Marine Corps.\n (iii) Potential changes in lift \n requirements, including the deployment of the \n Future Combat Systems by the Army.\n (iv) New capability in strategic airlift to \n be provided by the KC(X) aircraft and the \n expected utilization of such capability, \n including its use in intratheater lift.\n (v) The utilization of the heavy lift \n aircraft in intratheater combat missions.\n (vi) The availability and application of \n Civil Reserve Air Fleet assets in future \n military scenarios.\n (vii) Air mobility requirements associated \n with the Global Rebasing Initiative of the \n Department of Defense.\n (viii) Air mobility requirements in support \n of peacekeeping and humanitarian missions \n around the globe.\n (ix) Potential changes in lift requirements \n based on equipment procured for Iraq and \n Afghanistan.\n (B) A description of the assumptions utilized in \n the study regarding aircraft performances and loading \n factors.\n (C) A comprehensive statement of the data and \n assumptions utilized in making program life cycle cost \n estimates.\n (D) A comparison of cost and risk associated with \n optimal mix airlift fleet versus program of record \n airlift fleet.\n (3) Form.--The report shall be submitted in unclassified \n form, but may include a classified annex.","summary":"United States Airlift Requirements Act - Directs the Secretary of Defense to study alternatives for the asset size and mix for the Air Force intertheater airlift force, focusing on current and planned capabilities and costs of the C-5 and C-17 fleets. Requires that the study be conducted through a federally funded research and development center (FFRDC) in concert with the United States Transportation Command.","title":"To require a report on the size and mixture of the Air Force intertheater airlift force.","text_len":15382,"sum_len":413} {"bill_id":"112_s1388","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Middle East and North Africa \nTransition and Development Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The European Bank for Reconstruction and Development \n was created to support the transition of command economies to \n market economies following the collapse of communist regimes in \n 1989.\n (2) The Bank is the only international financial \n institution that--\n (A) has a transition mandate;\n (B) includes political aspects to its mandate; and\n (C) seeks to assist only those countries that are \n committed to, and are applying, the principles of \n multiparty democracy, pluralism, and development of \n market economics in accordance with Article 1 of the \n Agreement Establishing the European Bank for \n Reconstruction and Development.\n (3) Egypt, which is a current shareholder of the Bank, has \n requested that the Bank consider Egypt's candidacy for becoming \n a country of activity. Consideration for including Egypt in the \n Bank's geographic mandate has been accelerated at the request \n of Egypt's interim government.\n (4) Other countries from the Middle East and North Africa, \n including Tunisia, have requested that the Bank consider their \n potential to become countries of activity.\n (5) The Bank estimates that approximately $4,000,000,000 \n per year could be provided for financial investment in new \n countries of activity in North Africa from the Bank's existing \n financial resources, without the need to call on its \n shareholders for additional capital.\n (6) The functions of the Bank are consistent with the \n critical and rising economic needs of Egypt and the Middle East \n and North Africa.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Agreement establishing the european bank for \n reconstruction and development.--The term ``Agreement \n Establishing the European Bank for Reconstruction and \n Development'' means the Agreement establishing the European \n Bank for Reconstruction and Development, done at Paris May 29, \n 1990, and entered into force March 28, 1991.\n (2) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate; and\n (B) the Committee on Financial Services and the \n Committee on Appropriations of the House of \n Representatives.\n (3) Bank.--The term ``Bank'' means the European Bank for \n Reconstruction and Development.\n (4) Country of activity.--The term ``country of activity'' \n means a country in which the Bank provides its resources for \n loans or other assistance, including through the use of special \n funds.\n (5) International financial institution.--The term \n ``international financial institution'' has the meaning given \n that term in section 1701(c)(2) of the International Financial \n Institutions Act (22 U.S.C. 262r(c)(2)).\n (6) Multilateral development bank.--The term ``multilateral \n development bank'' has the meaning given that term in section \n 1701(c)(4) of the International Financial Institutions Act (22 \n U.S.C. 262r(c)(4)).\n\nSEC. 4. UNITED STATES POLICY WITH RESPECT TO COUNTRIES LOCATED IN THE \n MIDDLE EAST AND NORTH AFRICA.\n\n (a) Policy Declaration.--It is the policy of the United States--\n (1) to support a successful and sustainable transition to \n democracy in the Middle East and North Africa, including Egypt \n and Tunisia, that reflects the legitimate aspirations of the \n people in that region for greater political freedom and \n economic opportunity; and\n (2) to increase economic prosperity in that region through \n financial investment and technical assistance and by utilizing \n the resources of appropriate multilateral development banks.\n (b) Promotion of United States Policy.--The Secretary of the \nTreasury should instruct the United States Executive Director of the \nEuropean Bank for Reconstruction and Development to use the voice and \nvote of the United States to promote the policies described in \nsubsection (a).\n\nSEC. 5. NEGOTIATING OBJECTIVES WITH RESPECT TO AN AGREEMENT TO EXPAND \n THE MANDATE OF THE EUROPEAN BANK FOR RECONSTRUCTION AND \n DEVELOPMENT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND \n NORTH AFRICA.\n\n (a) In General.--The negotiating objectives of the United States \nwith respect to an agreement described in subsection (b) should be to \nseek--\n (1) criteria that are consistent with the criteria \n described in section 6(b) for the approval of loans or other \n assistance by the Bank for countries that become countries of \n activity as a result of the implementation of the agreement; \n and\n (2) the establishment by the Bank of a credible mechanism \n to ensure that countries of activity that are not committed to \n the fundamental principles of multiparty democracy, pluralism, \n and market economics do not continue to benefit from the \n resources of the Bank.\n (b) Agreement Described.--An agreement described in this subsection \nis an agreement to expand the use of the resources of the Bank for \ncountries located in the Middle East or North Africa, including through \nan amendment to the Agreement Establishing the European Bank for \nReconstruction and Development.\n\nSEC. 6. SUPPORT FOR LOANS AND OTHER ASSISTANCE PROVIDED BY THE BANK TO \n COUNTRIES OF ACTIVITY THAT MEET CERTAIN CRITERIA.\n\n (a) In General.--The Secretary of the Treasury should instruct the \nUnited States Executive Director of the Bank to use the voice and vote \nof the United States to oppose the approval of a loan or other \nassistance from the Bank to a country of activity in the Middle East or \nNorth Africa if the country does not meet the criteria described in \nsubsection (b).\n (b) Criteria Described.--A country of activity meets the criteria \ndescribed in this subsection if the government of the country--\n (1) requests the Bank to conduct activities in the country;\n (2) meets, or is demonstrably committed to meeting, the \n criteria set forth in Article 1 of the Agreement Establishing \n the European Bank for Reconstruction and Development, including \n a commitment to ``the principles of multiparty democracy, \n pluralism and market economics'';\n (3) demonstrates a commitment to free, fair, and inclusive \n elections that meet international standards;\n (4) has a public commitment to universally recognized human \n rights and freedoms, including freedom of religion, \n association, assembly, and expression, and demonstrates a \n commitment to respect those rights and freedoms in practice; \n and\n (5) implements, or is demonstrably committed to \n implementing, economic reforms that advance private sector \n growth, improve the investment climate, increase transparency, \n especially transparency in public finances, and foster job \n creation.\n (c) Consultations With Congress With Respect to New Countries of \nActivity.--Not later than 10 days before a vote of the Board of \nDirectors or the Board of Governors of the Bank to approve a country \nlocated in the Middle East or in North Africa as a new country of \nactivity, the Secretary of the Treasury shall--\n (1) notify the appropriate congressional committees of the \n vote; and\n (2) consult with those committees and describe to those \n committees how that country meets the criteria established by \n the Bank for being a country of activity.\n (d) Annual Report.--Not later than one year after the date of the \nenactment of this Act, and annually thereafter until the fifth year \nafter such date of enactment, the Secretary of the Treasury shall \nsubmit to the appropriate congressional committees a report that \nincludes the following:\n (1) A description of the activities of the Bank in each \n country of activity that is located in the Middle East or in \n North Africa.\n (2) The assessment of the Bank with respect to the ongoing \n eligibility of each such country to receive assistance from the \n Bank.\n (3) A description of how the activities carried out by the \n Bank in each such country during the preceding year served to \n promote the functions of the Bank, as described in Article 2 of \n the Agreement Establishing the European Bank for Reconstruction \n and Development.\n (4) An assessment of--\n (A) the extent to which the activities of the Bank \n are complementary to the activities of other \n international financial institutions operating in the \n Middle East and North Africa; and\n (B) the extent of cooperation between the Bank and \n those other international financial institutions.\n (5) A list of any countries being considered to be new \n countries of activity.\n\nSEC. 7. SUPPORT FOR CLEAR STANDARDS FOR GRADUATION OF COUNTRIES OF \n ACTIVITY.\n\n The Secretary of the Treasury should instruct the United States \nExecutive Director of the Bank to use the voice and vote of the United \nStates to seek the adoption by the Bank of clear standards for the \nsuccessful graduation of countries of activity if those countries have \nsubstantially achieved the transition objectives of the Bank.\n\nSEC. 8. AUTHORIZATION FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND \n DEVELOPMENT.\n\n (a) Findings.--Congress makes the following findings:\n (1) The request by the European Bank for Reconstruction and \n Development for subscription of capital is for callable shares \n only. Historically, callable shares, while requiring an \n authorization of funds, do not require an appropriation.\n (2) The International Programs Justification for \n Appropriations and Fiscal Year 2012 Budget Request of the \n Department of the Treasury for the European Bank for \n Reconstruction and Development is $0, stating that ``[t]his \n callable capital does not require appropriated funds''.\n (b) Authorization.--The European Bank for Reconstruction and \nDevelopment Act (section 562(c) of Public Law 101-531; 22 U.S.C. 290l \net seq.) is amended by adding at the end the following:\n ``(12) Capital increase.--\n ``(A) Subscription authorized.--\n ``(i) In general.--The United States \n Governor of the Bank may subscribe on behalf of \n the United States to not more than 90,044 \n additional callable shares of capital stock of \n the Bank, in accordance with Resolution 128, as \n adopted by the Board of Governors of the Bank \n at the annual meeting in Zagreb, Croatia, on \n May 14, 2010.\n ``(ii) Condition.--Any subscription by the \n United States to additional capital stock of \n the Bank shall be effective only to such extent \n and in such amounts as are provided for in \n advance by appropriations Acts.\n ``(B) Authorization of appropriations.--In order to \n pay for the increase in the United States subscription \n to capital stock of the Bank authorized under \n subparagraph (A), there are authorized to be \n appropriated $1,252,331,952, without fiscal year \n limitation, for payment by the Secretary of the \n Treasury.''.\n\nSEC. 9. STATUS OF COUNTRIES AS CANDIDATE COUNTRIES UNDER THE MILLENNIUM \n CHALLENGE ACT OF 2003.\n\n Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. \n7705) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by amending the paragraph heading to \n read as follows:\n ``(1) In general.--'';\n (ii) in the matter preceding subparagraph \n (A), by striking ``fiscal year 2004'' and \n inserting ``any fiscal year'';\n (iii) by amending subparagraph (A) to read \n as follows:\n ``(A) the country--\n ``(i) has a per capita income that is not \n greater than the World Bank's lower middle \n income country threshold for such fiscal year; \n and\n ``(ii) is among the 75 lowest per capita \n income countries, as identified by the World \n Bank; and''; and\n (iv) in subparagraph (B), by striking \n ``subject to paragraph (3)'' and inserting \n ``subject to paragraph (2)'';\n (B) by striking paragraph (2); and\n (C) by redesignating paragraph (3) as paragraph \n (2);\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) in the matter preceding subparagraph \n (A), by striking ``for fiscal year 2006 or a \n subsequent fiscal year'' and inserting ``for \n any fiscal year''; and\n (ii) by striking subparagraphs (A) and (B) \n and inserting the following:\n ``(A) has a per capita income that is not greater \n than the World Bank's lower middle income country \n threshold for such fiscal year;\n ``(B) is not among the 75 lowest per capita income \n countries as identified by the World Bank; and\n ``(C) meets the requirements under subsection \n (a)(1)(B).''; and\n (B) in paragraph (2)--\n (i) by striking ``for fiscal year 2006 or \n any subsequent fiscal year'' and inserting \n ``for any fiscal year''; and\n (ii) by striking ``for fiscal year 2006 or \n the subsequent fiscal year, as the case may \n be'' and inserting ``for such fiscal year'';\n (3) by redesignating subsection (c) as subsection (d); and\n (4) by inserting after subsection (b) the following:\n ``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012, \na country the per capita income of which changes during a fiscal year \nso that the country no longer meets the requirements for being a \ncandidate country under subsection (a)(1) or (b)(1) shall, \nnotwithstanding that change in per capita income, continue to be \neligible to be a candidate country under subsection (a)(1) or (b)(1) \n(as the case may be) during that fiscal year and the 3 fiscal years \nthereafter to the same extent and in the same manner as if the per \ncapita income of the country had not changed.''.","summary":"Middle East and North Africa Transition and Development Act - States that it is US policy to: (1) support a democratic transition in the Middle East and North Africa, including Egypt and Tunisia. And (2) increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks. States that US negotiating objectives to expand the European Bank for Reconstruction and Development's (Bank) resources for countries in the Middle East or North Africa should be to seek: (1) specified lending criteria for loans or other Bank assistance for countries of activity , and (2) establishment of a Bank mechanism to ensure that countries of activity not committed to multiparty democracy and market economics do not benefit from Bank resources. Urges the Secretary of the Treasury to use US influence to: (1) oppose the approval of a loan or other Bank assistance to a country of activity in the Middle East or North Africa that does not meet specified criteria, and (2) seek the Bank's adoption of clear standards for the graduation of countries of activity that have substantially achieved required transition objectives. Amends the European Bank for Reconstruction and Development Act to authorize the US Governor of the Bank to subscribe to additional shares of Bank stock. Authorizes appropriations for such purpose. Amends the Millennium Challenge Act of 2003 to: (1) revise candidate country criteria, and (2) permit a country that no longer meets the requirements for being a candidate country because of per capita income changes in a fiscal year to maintain such candidate status during such fiscal year and the next three fiscal years.","title":"A bill to support private sector development, employment growth, rule of law, democratic reform, and accountable government in qualified transition countries in the Middle East and North Africa through the authorization of the participation by the United States in the general capital increase of the European Bank for Reconstruction and Development, and for other purposes.","text_len":16131,"sum_len":1737} {"bill_id":"106_hr2718","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Brownfields Remediation Waste Act''.\n\nSEC. 2. REMEDIATION WASTE MANAGEMENT.\n\n (a) In General.--Section 3004 of the Solid Waste Disposal Act is \namended by adding the following new subsection at the end thereof:\n ``(z) Remediation Waste Management.--\n ``(1) Definition.--As used in this subsection, the term \n `remediation waste' means all solid and hazardous wastes, and \n all media (including groundwater, surface water, soils, and \n sediments) and debris that contain listed hazardous wastes or \n that themselves exhibit a hazardous characteristic and are \n managed for implementing cleanup.\n ``(2) Coverage of subsection.--Nothing in this subsection \n shall apply to any solid waste that is not regulated under \n other provisions of this subtitle.\n ``(3) Alternative requirements.--As provided in this \n subsection the Administrator may provide alternative \n requirements for management of remediation waste in lieu of \n restrictions under this section or subsections (a) through (e) \n of section 3005 where appropriate. Such alternative \n requirements shall be protective of human health and the \n environment and shall, to the extent feasible, remove \n disincentives to remediation, streamline regulation, and \n achieve greater flexibility for State remediation programs. The \n Administrator may not use the authority of this paragraph to \n remove or diminish any existing waiver, variance, or exemption \n from otherwise applicable restrictions on the management of \n remediation waste.\n ``(4) EPA rules.--The rules promulgated by the \n Administrator on November 30, 1998 (63 FR 65874) and on \n February 16, 1993 (58 FR 8658), as modified on November 30, \n 1998, shall be deemed to satisfy the requirements of paragraph \n (3) of this subsection and shall remain in effect unless the \n Administrator takes action under this subsection to modify such \n rules. The Administrator shall not publish any proposal to \n modify the rules referred to in this paragraph before \n submitting a Report to Congress identifying problems associated \n with the implementation of such rules. Any such report shall be \n prepared in consultation with State Governors and after notice \n and opportunity for public comment on a draft report.\n ``(5) Land disposal.--Notwithstanding any other provision \n of this subtitle or any rules adopted pursuant to this \n subtitle, placement of remediation waste in temporary units, \n staging piles, or corrective action management units designated \n under Federal or State authorities shall not be deemed to be \n engaging in land disposal (as defined in section 3004(k)) and \n shall not be subject to requirements under section 3004(d), \n (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7).\n ``(6) Additional flexibility and clarification.--\n Notwithstanding the rules referred to in paragraph (4), and \n where appropriate and protective of human health and the \n environment--\n ``(A) temporary units and staging piles may also be \n designated at another location owned or operated by a \n person engaged in remediation at the first location to \n facilitate consolidated management of wastes;\n ``(B) corrective action management units at one remediation \n waste management site may be designated to receive remediation \n waste from another remediation waste management site; and\n ``(C) a staging pile may be designated and allow for mixing \n or blending for the primary purposes of consolidation or \n enhancement of subsequent waste management.\n ``(7) Authorization for remediation waste management \n activities.--\n ``(A) Authorization mechanisms.--Notwithstanding \n any other provision of this subtitle, remediation waste \n management units or activities may be authorized \n through permits, interim status, orders, or other \n authorization available under this subtitle, subject to \n the applicable requirements of this subtitle. Where \n other provisions of Federal or State law waive the \n requirement for permits or interim status, remediation \n waste management activities or units are authorized \n under this paragraph.\n ``(B) Effect of authorization.--No authorization, \n application for authorization, or activity authorized \n under this paragraph for remediation waste management \n shall itself subject a person to the requirements of \n section 3004(u), 3004(v) or section 3008(h).''.\n (b) Alternative State Remediation Waste Programs.--Section 3006 of \nthe Solid Waste Disposal Act is amended by adding the following at the \nend thereof:\n ``(i) Alternative State Remediation Waste Programs.--\n ``(1) State submission.--\n ``(A) Submission.--(i) At any time after the \n enactment of this subsection, a State or State agency \n may administer and enforce a program for management of \n remediation waste pursuant to a program authorized \nunder subsection (b) or (c) or under a program authorized under this \nsubsection.\n ``(ii) A State or State agency may submit to the \n Administrator a demonstration, supported by such \n documentation as the State considers to be appropriate, \n that the State has an effective State program for the \n management of remediation wastes under this subsection \n which includes each of the following:\n ``(I) Statutory and regulatory authority to \n control the management of remediation wastes \n from generation to disposal in a manner that \n protects human health and the environment.\n ``(II) Resources in place to administer and \n enforce those authorities.\n ``(III) Procedures to ensure public notice \n and opportunity for comment as appropriate.\n ``(B) Determination of approval.--\n ``(i) In general.--Not later than 12 months \n after the date on which a State submits to the \n Administrator a demonstration under \n subparagraph (A), after public notice and \n opportunity for comment, the Administrator \n shall issue to the State and publish in the \n Federal Register a determination that--\n ``(I) the demonstration meets all \n of the criteria in subparagraph (A), \n and the State program is finally \n authorized under this subsection; or\n ``(II) the demonstration fails to \n meet one or more of the criteria stated \n in subparagraph (A), stating with \n particularity the elements of the State \n program that are considered to be \n deficient.\n ``(ii) Untimely review.--If the \n Administrator does not issue a determination \n under clause (i) within 18 months after the \n date on which a State submits to the \n Administrator a demonstration under \n subparagraph (A), the demonstration shall be \n considered to meet all of the criteria stated \n in subparagraph (A), and the State program \n shall be treated as finally authorized under \n this subsection.\n ``(2) Effect of authorization of state program.--Upon \n authorization of a State remediation waste management program \n under this subsection, such State may to carry out such program \n in lieu of the Federal program under this subtitle in such \n State unless such authorization is withdrawn as provided in \n subsection (e).''.","summary":"Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines remediation waste as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management. (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site. And (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.","title":"Brownfields Remediation Waste Act","text_len":8871,"sum_len":2425} {"bill_id":"103_hr940","text":"SECTION 1. SHORT TITLE\n\n This Act may be cited as the ``Immunization Now Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds, with respect to immunizations against vaccine-\npreventable diseases, the following:\n (1) Childhood illnesses that can be prevented by timely \n application of commonly available vaccinations, through a \n program of Federal and local cooperation, are rising at an \n alarming rate.\n (2) The incidence of measles increased 336 percent in 1989, \n increasing to eighteen thousand one hundred ninety three cases \n from three thousand three hundred ninety six in 1988.\n (3) The cost of appropriate immunizations is minimal. One \n estimate places that cost at $130 per child.\n (4) The typical price per dose of a measles, mumps, rubella \n vaccine is approximately $24 to the practitioner and the \n average cost of hospitalization for a child with measles is \n approximately $5,000-$6,000.\n (5) A child who was not immunized from measles died in a \n California hospital after $800,000 was spent in an effort to \n treat the child's measles complications.\n (6) In November 1990 the measles rate for the year had \n already surpassed the rates of other full years since 1978 and \n deaths from measles are the highest since 1971. Measles caused \n more than sixty deaths in 1990, the largest annual number of \n reported cases due to measles in almost two decades.\n (7) Fifty four percent of measles cases occur among \n vaccine-eligible infants and preschool children who have not \n been vaccinated.\n (8) One-third to one-half of children up to age two who \n live in poor, inner-city areas are not properly immunized.\n (9) Preschool children in other Western, industrialized \n nations have significantly higher immunization rates than \n United States children of the same age group.\n (10) There are seven to nine million uninsured children in \n the United States.\n (11) While programs to immunize school-aged children have \n been very successful, preschoolers as a group now make up 47 \n percent of measles cases, up from 25 percent in 1988.\n (12) Computerized systems of tracking immunization status \n and utilization from birth have been operationalized in several \n countries, including Great Britain and the Netherlands. Such \n systems can aid in surveillance of immunization status, \n provision of reminders to parents when vaccines are due, and \n monitoring the distribution of vaccines through public and \n private providers.\n\nSEC. 3. ESTABLISHMENT OF ENTITLEMENT PROGRAM REGARDING IMMUNIZATION OF \n INFANTS AGAINST VACCINE-PREVENTABLE DISEASES.\n\n (a) In General.--Each infant in the United States--\n (1) who has not reached the infant's second birthday,\n (2) who is a citizen or national of the United States, an \n alien lawfully admitted for permanent residence, or other alien \n permanently in the United States under color of law, and\n (3) who is not entitled under a health insurance policy or \n other health benefit plan to receive (or have any payment made \n for the expenses of) any immunization specified under section \n 7, is entitled to receive without charge, in accordance with \n this Act, immunizations against vaccine-preventable diseases.\n (b) Implementation Through System of Vouchers.--The entitlement \nestablished in subsection (a) shall be implemented through the use of \nvouchers issued under section 5. Such vouchers represent the obligation \nof the Federal Government to pay, subject to section 6, the costs of \nproviding the immunizations specified under section 7 for the infants \nfor whom the vouchers are issued.\n\nSEC. 4. OBLIGATION TO PROVIDE IMMUNIZATIONS.\n\n (a) In General.--Any licensed health care professional or provider \nwho or which is authorized by law to provide immunizations specified \nunder section 7 and who or which is engaged in the public or private \npractice of pediatrics or family medicine shall provide the \nimmunizations specified under section 7 that are appropriate for the \nage of the infant involved if a voucher issued under section 5 for the \ninfant is presented to the professional or provider.\n (b) Applicability.--The requirement established in subsection (a) \nshall apply to a professional or provider without regard to whether the \nprofessional or provider provides health services as a participant in \nthe program established in title XVIII of the Social Security Act or \nthe program established in title XIX of such Act, and without regard to \nwhether the professional or provider otherwise receives Federal \npayments or Federal financial assistance for any purpose.\n\nSEC. 5. ISSUANCE OF VOUCHERS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nprovide for the issuance of vouchers for purposes of section 3(b). Each \nsuch voucher shall--\n (1) bear a seal for purposes of indicating that the voucher \n has been issued for purposes of the entitlement established in \n section 3(a);\n (2) contain the name of the infant for whom the voucher is \n issued and the name and address of not less than one parent of \n the infant;\n (3) in summary form state the principal legal rights and \n obligations arising with respect to the voucher; and\n (4) contain a simple explanation of what immunizations are \n needed and why.\n (b) Eligibility.--A voucher shall not be issued under this section \nwith respect to an infant unless the infant is described in section \n3(a) and an application for the voucher has been made and signed by a \nparent of the infant.\n (c) Application for Issuance.--\n (1) Hospitals.--The Secretary shall provide for a process \n by which a hospital, in which an infant eligible for a voucher \n is born, issues the voucher to the parent of the infant at the \n time of birth if the hospital determines, based on information \n supplied by the parent, that the infant is described in section \n 3(a). Under the process, the hospital shall complete the \n application for the voucher on behalf of the infant, obtain the \n signature of a parent as to the accuracy of the information \n supplied, and forward the application to the Secretary.\n (2) Community health centers.--The Secretary shall provide \n for a process by which a community health center issues a \n voucher to the parent of an infant if--\n (A) based upon information supplied by the parent \n to the center, the center determines that the infant is \n described in section 3(a) and a voucher has not been \n previously issued with respect to the infant, and\n (B) the infant is a patient at the center.\n Under the process, the center shall complete the application \n for the voucher on behalf of the infant, obtain the signature \n of a parent as to the accuracy of the information supplied, and \n forward the application to the Secretary.\n (3) Secretary.--In cases not described in paragraph (1) or \n (2), the Secretary shall provide for direct issuance of a \n voucher to a parent of an infant described in section 3(a) upon \n application by the parent.\n\nSEC. 6. REIMBURSEMENT FOR PROVISION OF IMMUNIZATIONS.\n\n (a) In General.--In the case of a professional or provider \nproviding immunizations pursuant to the presentation of vouchers issued \nunder section 5, the Secretary shall make a single payment to the \nprofessional or provider each quarter of the fiscal year as \nreimbursement for the costs of immunizations provided in the preceding \nquarter if--\n (1) the professional or provider submits to the Secretary \n the vouchers involved;\n (2) the Secretary determines that the vouchers were \n obtained, and the immunizations involved were provided, in \n accordance with this Act; and\n (3) the vouchers are submitted to the Secretary in \n accordance with such procedures and meet such requirements as \n the Secretary determines to be necessary to carry out paragraph \n (2).\n (b) Amount of Reimbursement.--The Secretary shall establish amounts \nof reimbursement that will be provided for types of immunizations \nspecified under section 7. Each such reimbursement shall include \nreimbursement both for the vaccine and for the professional service of \nproviding the immunization.\n\nSEC. 7. SPECIFICATION OF IMMUNIZATIONS.\n\n The immunizations specified in this section are such immunizations \nas may be established by the Secretary based on the recommendations of \nthe Advisory Committee on Immunization Practice of the Centers for \nDisease \nControl.\n\nSEC. 8. GENERAL PROVISIONS.\n\n (a) Provision of Information Regarding Program.--The Secretary \nshall carry out activities--\n (1) to inform the public of the entitlement established in \n section 3(a), including the manner in which an application \n under section 5(c) may be obtained; and\n (2) to inform professionals and providers of their legal \n rights and obligations regarding vouchers issued under section \n 5.\n (b) Regulations.--The Secretary shall by regulation issue criteria \nfor carrying out sections 3 through 7. For purposes of the preceding \nsentence, the final rule shall be issued not later than ninety days \nafter the date of the enactment of this Act.\n (c) Applicability.--The entitlement established in section 3(a) \nshall apply upon the expiration of the forty-five day period beginning \non the date on which the final rule referred to in subsection (b) is \nrequired under such subsection to be issued.\n (d) Definitions.--For purposes of this Act:\n (1) The term ``Secretary'' means the Secretary of Health \n and Human Services.\n (2) The term ``parent'' means any parent, step-parent, \n grandparent, or duly appointed guardian.\n (3) The term ``United States'' includes Puerto Rico, Guam, \n the Virgin Islands, American Samoa, and the Northern Mariana \n Islands.\n (e) Authorization of Appropriations.--For the purpose of carrying \nout this Act, there are authorized to be appropriated such sums as may \nbe necessary for fiscal year 1994 and each subsequent fiscal year.\n\nSEC. 9. NATIONAL IMMUNIZATION REGISTRY SYSTEM.\n\n (a) In General.--The Secretary, acting through the Director of the \nCenters for Disease Control, shall establish a national immunization \nregistry system (in this section referred to as the ``registry''). The \npurpose of the system is to provide for national surveillance of \nchildhood immunization status through age six.\n (b) 2-Year Research and Demonstration Phase.--\n (1) In general.--The Secretary shall make grants to public \n and nonprofit private entities to conduct research and \n demonstration projects aimed at identifying mechanisms and \n structures to develop the registry, including--\n (A) projects to test methods for collecting birth \n certificate and immunization information in a large \n central data system;\n (B) projects to evaluate the capacity of public \n health agencies to provide birth certificate and \n immunization information in a cost-effective and \n efficient manner;\n (C) projects to assess techniques for tracking \n children in mobile populations across geographic areas;\n (D) projects to explore the feasibility of a \n registry which requires the participation by private \n providers of immunization services; and\n (E) projects to demonstrate the efficient use of \n registry information in providing immunization status.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated to carry out this subsection $7,000,000 in \n fiscal year 1994 and $12,000,000 in fiscal year 1995.\n (c) Enhancement of Information Systems.--\n (1) In general.--The Secretary, based on projects conducted \n under subsection (b), shall expand the registry to cover the \n entire Nation. In doing this, the Secretary shall--\n (A) develop the capacity to link and process all \n birth certificate records through a central registry;\n (B) enhance State and local technical capacity to \n provide information through use of resources (such as \n new computer hardware and software or technical \n assistance);\n (C) promote participation by private providers who \n administer childhood vaccines; and\n (D) develop mechanisms to collect information on \n all doses of vaccine administered to preschool age \n children in both the public and private sectors.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated to carry out this subsection $50,000,000 in \n fiscal year 1996.\n (d) Full Implementation.--\n (1) In general.--Beginning with fiscal year 1997, the \n Secretary shall provide for full implementation of the \n registry. In implementing such registry, the Secretary shall \n provide that--\n (A) all infants born in the United States are \n registered through birth certificate information that \n relates to immunization tracking and vaccine \n administration;\n (B) information on doses of vaccines administered \n to all children under six years of age is collected;\n (C) appropriate notices are provided to parents \n regarding overdue vaccinations; and\n (D) appropriate records are provided to parents for \n their children entering schools or day care programs.\n The Secretary shall include information on the operation of the \n registry with annual reports submitted to Congress on the \n operation of the vaccine system provided under the other \n provisions of this Act.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated to carry out this subsection $50,000,000 in \n each fiscal year, beginning with fiscal year 1997.","summary":"Immunization Now Act of 1993 - Entitles each infant in the United States under two years old who does not have other health insurance and who meets other requirements to receive immunizations without charge. Requires any licensed health care professional to provide immunizations in exchange for vouchers issued through hospitals or community health centers or on direct application by the parent, with quarterly reimbursements to health care providers in amounts set by the Secretary of Health and Human Services. Directs the Secretary to carry out activities to inform the public and health care providers regarding the program. Authorizes appropriations. Establishes a national immunization registry system to provide for national surveillance of childhood immunization status through age six. Mandates grants for research and demonstration projects to identify mechanisms and structures to develop the registry. Requires certain measures to expand the registry from the projects to cover the entire Nation. Requires full implementation of the registry by 1997. Authorizes appropriations.","title":"Immunization Now Act of 1993","text_len":15007,"sum_len":1091} {"bill_id":"104_hr3757","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Medications for the Elderly \nAct''.\n\nSEC. 2. MEDICARE COVERAGE OF PHARMACEUTICAL CARE SERVICES.\n\n (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 \nU.S.C. 1395x(s)(2)) is amended--\n (1) by striking ``and'' at the end of subparagraph (N); and\n (2) by inserting after subparagraph (O) the following new \n subparagraph:\n ``(P) covered pharmaceutical care services (as defined in \n subsection (oo));''.\n (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) \nis amended by adding at the end the following new subsection:\n\n ``Covered Pharmaceutical Care Services\n\n ``(oo)(1) The term `covered pharmaceutical care services' means \npharmaceutical care services described in paragraph (2) which are \nfurnished by a pharmacist who is legally authorized to furnish such \nservices under State law (or the State regulatory mechanism provided by \nState law) of the State in which the services are furnished.\n ``(2) The pharmaceutical care services described in this paragraph \nare as follows:\n ``(A) Services covered under subsection (s)(10) (relating \n to certain vaccines and their administration).\n ``(B) Consultation with a physician which results in the \n physician taking any of the following actions with respect to \n an outpatient prescription drug furnished to an individual \n enrolled under part B (without regard to whether or not payment \n is made for the drug under such part):\n ``(i) A change in the individual's drug regimen to \n avoid an adverse interaction with another drug or \n medical condition.\n ``(ii) A change in the dosage or form of an \n outpatient prescription drug taken by the individual.\n ``(iii) The elimination of a drug from the \n individual's drug regimen.\n ``(iv) The initiation of a drug therapy for a \n medical condition.\n ``(C) Consultation with an individual enrolled under part B \n which results in improved compliance by the individual with an \n outpatient prescription drug regimen with respect to any drug \n identified by the Secretary pursuant to paragraph (3), if the \n pharmacist maintains documentation (in accordance with such \n requirements as the Secretary may impose) that the improvement \n in compliance is considered necessary by the prescriber of the \n drug or under peer-reviewed medical literature.\n ``(3)(A) With respect to the consultations described in paragraph \n(2)(C), the Secretary shall, not later than one year after the date of \nthe enactment of this subsection, identify and publish a list of \noutpatient prescription drugs (without regard to whether payment is \nmade for such drug under part B) which are used in the treatment of the \nfollowing conditions prevalent in the elderly:\n ``(i) Asthma and chronic obstructive pulmonary disease.\n ``(ii) Congestive heart failure.\n ``(iii) Depression.\n ``(iv) Hyperlipidemia.\n ``(v) Non-insulin-dependent diabetes.\n ``(vi) Prevention of stroke (including antihypertensive and \n anticoagulant therapy).\n ``(vii) Simultaneous use of 4 or more drugs.\n ``(B) Beginning 5 years after the date of the enactment of this \nsubsection, the Secretary may periodically update such list of drugs to \nreflect changes in medical and pharmaceutical practice, the development \nof new drugs, and other factors the Secretary considers appropriate.''.\n (c) Payment.--\n (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C. \n 1395l(a)(1)) is amended--\n (A) by striking ``and (P)'' and inserting ``(P)''; \n and\n (B) by striking the semicolon at the end and \n inserting the following: ``, and (Q) with respect to \n covered pharmaceutical care services (as defined in \n section 1861(oo)), the amounts paid shall be the \n amounts described in section 1834(k)(1);''.\n (2) Establishment of fee schedule.--Section 1834 of such \n Act (42 U.S.C. 1395m) is amended by adding at the end the \n following new subsection:\n ``(k) Fee Schedules for Pharmaceutical Care Services.--\n ``(1) Development.--The Secretary shall develop--\n ``(A) a relative value scale to serve as the basis \n for the payment of covered pharmaceutical care services \n (as defined in section 1861(oo)) under this part; and\n ``(B) using such scale and appropriate conversion \n factors, fee schedules (on a regional, statewide, \n locality, or carrier service area basis) for payment \n for covered pharmaceutical care services under this \n part, to be implemented for such services furnished \n during years beginning after the expiration of the 3-\n year period which begins on the date of the enactment \n of this subsection.\n ``(2) Considerations.--In developing the relative value \n scale and fee schedules under paragraph (1), the Secretary \n shall take into account--\n ``(A) differences in the time required to perform \n types of covered pharmaceutical care services;\n ``(B) differences in the level of risk associated \n with the use of particular outpatient prescription \n drugs or groups of drugs; and\n ``(C) differences in the health status of \n individuals to whom covered pharmaceutical care \n services are provided.\n ``(3) Payments prior to implementation of fee schedule.--In \n the case of covered pharmaceutical care services described in \n subparagraph (B) or (C) of section 1861(oo)(2) which are \n furnished prior to the implementation of the fee schedule under \n paragraph (1)(B), the amount of payment made under this part \n shall be equal to 80 percent of the amount which would be paid \n for the service under the fee schedule applicable under section \n 1848 if the service were furnished by a physician.''.\n (3) Report to congress.--Not later than 3 years after the \n date of the enactment of this Act, the Secretary of Health and \n Human Services shall submit a report to Congress on the \n relative value scale and fee schedules developed pursuant to \n section 1834(k)(1) of the Social Security Act (as added by \n paragraph (2)) for covered pharmaceutical services under part B \n of the Medicare program.\n (d) Effective Date.--The amendments made by this section shall \napply to services furnished on or after January 1, 1997.","summary":"Safe Medications for the Elderly Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare part B coverage of certain pharmaceutical care services. And (2) direct the Secretary of Health and Human Services to develop a relative value scale and fee schedules for the payment of such services.","title":"Safe Medications for the Elderly Act","text_len":7128,"sum_len":325} {"bill_id":"115_hr1221","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Fund for Israeli-\nPalestinian Peace Authorization Act of 2017''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Peaceful co-existence in the Middle East between \n Israelis and Palestinians, and between Muslims, Christians, \n Jews, and those of all backgrounds is in the interests of the \n United States, Israel, the Palestinian people, and the world.\n (2) While the United States and its international allies \n continue to support diplomatic and political negotiations \n between the representatives of the parties to the conflict as \n well as others, in the long run such efforts require broad \n popular support among people in order to succeed. In order to \n achieve lasting peace in the region, the people who live there \n must, over time, sustain any potential high-level agreements.\n (3) Through many independent individual and nongovernmental \n activities, tens of thousands of people of different \n backgrounds are already working together to build better \n relations between people, through people-to-people coexistence \n and trust-building measures, activities, and other cooperative \n efforts.\n (4) By working cooperatively on shared goals and addressing \n mutual understanding, participants in such activities, \n including youth, can come to reject violence and understand the \n promise of peaceful coexistence.\n (5) Through support for people-to-people exchanges in the \n region and joint economic initiatives, millions of ordinary \n citizens affected by this conflict can assist in building \n support for lasting peace.\n (6) Working together, the United States, countries around \n the world, and the private sector can, and often seek to \n support opportunities that, help sustain support for peace with \n the establishment and funding of an independent International \n Fund for Israeli-Palestinian Peace (referred to in this Act as \n the ``International Fund''), to promote and support contact, \n cooperation, dialogue, shared community building, peaceful \n coexistence, joint economic development, and reconciliation \n between Israelis and Palestinians.\n (7) United States and international support for grassroots \n people-to-people efforts can help serve as an antidote to false \n propaganda by terrorist groups and the growing issue of \n incitement.\n (8) The International Fund shall serve as a coordinating \n entity offering expertise and support, adhering to best \n practices for governance, transparency, assessment and \n accountability. The International Fund will be an ongoing \n presence and catalyst for rejecting violence and building broad \n public support for sustaining peace in the region. The \n International Fund is not intended to be a political forum, but \n a grant-making body to facilitate enduring people-to-people \n relationships and sustained joint economic development.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To urge the President to make every effort, in \n conjunction with the Government of Israel, the Palestinian \n Authority, regional governments, and the international \n community to establish a non-political, mutually acceptable \n International Fund to promote and support contact, cooperation, \n dialogue, shared community building, peaceful coexistence, \n joint economic development, and reconciliation between Israelis \n and Palestinians.\n (2) To provide for United States contributions to consist \n of amounts made available to carry out chapter 4 of part II of \n the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. \n (relating to the Economic Support Fund)) for payment to the \n International Fund to carry out the activities described in \n paragraph (1), in addition to overhead costs of the \n establishment of said fund and the function of its oversight \n board.\n\nSEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN \n PEACE.\n\n Congress urges the President to make every effort, in conjunction \nwith the Government of Israel, the Palestinian Authority, and the \ninternational community, to establish an International Fund for \nIsraeli-Palestinian Peace governed by a board of the constituent \nparties to carry out the purposes described in section 2(b).\n\nSEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR \n ISRAELI-PALESTINIAN PEACE.\n\n (a) In General.--Of the amounts made available for each of fiscal \nyears 2017 through 2021 to carry out chapter 4 of part II of the \nForeign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the \nEconomic Support Fund)), $50,000,000 is authorized to be appropriated \nfor United States contributions to the International Fund following the \ncommittee of jurisdictions agreement to the structure of the fund and \nits board.\n (b) Additional Authorities.--Amounts authorized to be appropriated \npursuant to subsection (a)--\n (1) are in addition to amounts otherwise authorized to be \n appropriated for such purposes; and\n (2) are authorized to remain available until expended.\n\nSEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND \n FOR ISRAELI-PALESTINIAN PEACE.\n\n (a) Support and Promotion of Purposes.--United States contributions \nto the International Fund provided for in section 4 may be used only to \nsupport and promote the purposes described in section 2(b).\n (b) Additional Restrictions.--The restrictions described in section \n531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall \napply to United States contributions to the International Fund provided \nfor in section 4 to the same extent and in the same manner as such \nrestrictions apply to amounts made available to carry out chapter 4 of \npart II of the Foreign Assistance Act of 1961. The United States \ncontributions shall be managed and dispersed through existing USAID \nmechanisms.\n (c) United States Representation on Board of International Fund.--\nThe United States shall provide two representatives from different \npolitical parties to the Board of the International Fund. The function \nof the board is to provide recommendations for programmatic support and \ndirection on promoting contact, cooperation, dialogue, shared community \nbuilding, peaceful coexistence, joint economic development, and \nreconciliation between Israelis and Palestinians. The board should \noversee and contain an expertise in program integrity, monitoring and \nevaluation and assessment.\n\nSEC. 6. ANNUAL REPORT.\n\n (a) In General.--At the end of each fiscal year in which the United \nStates Government makes any contribution to the International Fund in \naccordance with this Act, the President shall transmit to Congress a \nwritten report on the extent to which the International Fund and United \nStates contributions to the International Fund have contributed to \npromoting and supporting contact, cooperation, dialogue, shared \ncommunity building, peaceful coexistence, joint economic development, \nand reconciliation between Israelis and Palestinians.\n (b) Matters To Be Included.--The reports required under subsection \n(a) shall also include the following:\n (1) Information on contributions pledged to, contributions \n (including donations from the private sector) received by, and \n projects funded by the International Fund, and the mechanisms \n established for transparency and accountability in the grant-\n making process.\n (2) A description of the International Fund's operations, \n activities, budget, receipts, and expenditures for the \n preceding 12-month period, including an audited report of the \n International Fund's finances, including statements of \n financial position, operations, and cash flows, in accordance \n with the United States generally accepted government auditing \n standards as prescribed by the Comptroller General.\n (3) Insights gleaned from what drives the efficacy of \n people-to-people relationships in addition to a description of \n potential strategies for getting to sustainability for civic \n institutions that the fund creates or supports including novel \n financing mechanisms.","summary":"International Fund for Israeli-Palestinian Peace Authorization Act of 2017 This bill urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The bill authorizes appropriations for US contributions to the fund following the committee of jurisdictions' agreement to the structure of the fund and its board.","title":"International Fund for Israeli-Palestinian Peace Authorization Act of 2017","text_len":8781,"sum_len":647} {"bill_id":"114_hr2668","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Care Corps Act of 2015''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Corps.--The term ``Corps'' means the National Care \n Corps established under section 3 of this Act.\n (2) Director.--The term ``Director'' means the Director of \n the Corps appointed under section 3(b)(1) of this Act.\n (3) Local care corps program.--The term ``local Care Corps \n program'' means a program funded with a grant awarded under \n section 10(b) of this Act that hosts Corps volunteers and \n arranges for them to provide approved services to individuals \n in need.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.\n\n (a) In General.--There is established in the Department of Health \nand Human Services a program to be known as the ``National Care Corps'' \nthrough which Corps volunteers provide approved services to individuals \nin need via participation in local Care Corps programs.\n (b) Staff.--\n (1) Appointment of director.--The Secretary, acting through \n the Administrator of the Administration for Community Living, \n shall appoint a Director of the Corps.\n (2) Duties of director.--The Director shall--\n (A) design, develop, and administer Corps programs;\n (B) manage the daily operations of the Corps; and\n (C) report to the Administrator of the \n Administration for Community Living.\n (3) Authority to employ staff.--The Director may employ \n such staff as is necessary to carry out this Act.\n\nSEC. 4. SELECTION AND ELIGIBILITY OF VOLUNTEERS.\n\n (a) In General.--\n (1) Selection.--The Director shall select eligible \n individuals as Corps volunteers.\n (2) Nondiscrimination.--In selecting Corps volunteers, the \n Director shall comply with all applicable provisions of State \n and Federal laws and regulations pertaining to \n nondiscrimination and equal employment opportunity.\n (b) Eligible Individuals.--To be eligible to serve as a volunteer \nin the Corps, an individual shall--\n (1) be at least 18 years of age on or before December 31 of \n the calendar year in which the individual begins participation \n in the Corps;\n (2) agree to participate in the Corps for a period of not \n more than 24 months, consisting of not more than 2 terms of up \n to 12 months;\n (3) submit an application to the Director at such time, in \n such manner, and containing such information as the Director \n may require;\n (4) pass a criminal background check as described in \n subsection (c); and\n (5) agree to comply with such terms and conditions as the \n Director may require.\n (c) Criminal Background Check.--\n (1) In general.--Before selecting any individual to serve \n as a volunteer in the Corps, the Director shall request a \n criminal background check of such individual on a nationwide \n basis.\n (2) Volunteer prohibitions.--An individual shall be \n ineligible to be a Corps volunteer if--\n (A) such individual refuses to consent to the \n criminal background check; or\n (B) the criminal background check does not \n demonstrate to the Director's satisfaction that such \n individual is fit for Corps service.\n\nSEC. 5. AUTHORIZED BENEFITS FOR CORPS VOLUNTEERS.\n\n (a) In General.--The Director shall provide for Corps volunteers to \nreceive allowances, health insurance, and post-service educational \nawards authorized by this section.\n (b) Allowances.--The Director shall provide each Corps volunteer \nwith such living, travel, and leave allowances, and such housing, \ntransportation, supplies, equipment, and subsistence as the Director \ndetermines to be necessary for the volunteer's maintenance and to \nensure the volunteer's health and capacity to serve effectively.\n (c) Health Insurance.--\n (1) In general.--The Director shall provide for each Corps \n volunteer to receive health insurance coverage.\n (2) Minimum essential coverage.--The health insurance \n coverage described paragraph (1) shall meet the requirements of \n section 5000A(f) of the Internal Revenue Code of 1986.\n (d) Post-Service Educational Award.--\n (1) In general.--The Director shall establish an \n educational award for Corps volunteers.\n (2) Amounts.--\n (A) Number of awards.--A Corps volunteer may \n receive up to 2 educational awards under this \n subsection, one for each term of service as a \n volunteer.\n (B) Amount for full term of service.--In the case \n of a Corps volunteer who completes a term of full-time \n service in the Corps for a period of 12 months, as \n determined by the Director, such volunteer shall \n receive an educational award having a value equal to \n the maximum amount of a Federal Pell Grant under \n section 401 of the Higher Education Act of 1965 (20 \n U.S.C. 1070a) that a student eligible for such grant \n may receive in the aggregate (without regard to whether \n the funds are provided through discretionary or \n mandatory appropriations) for the award year.\n (C) Incentive to pursue a degree in a health care \n profession.--In the case of a Corps volunteer who \n commits to using his or her educational award (or \n awards, if applicable) under this subsection for \n completion of a degree, a certificate, or training in a \n health care profession, the value of such awards shall \n be twice the value that would otherwise be applicable \n under subparagraph (B).\n (D) Amount for other periods of service.--\n (i) In the case of a Corps volunteer who \n completes less than a 12-month term of full-\n time service in the Corps, as determined by the \n Director, such volunteer may receive a portion \n of the educational award described in \n subparagraph (B) or (C) (as applicable) that \n corresponds to the quantity of service actually \n completed by the volunteer.\n (ii) In the case of a Corps volunteer who \n completes more than 12 months of full-time \n service in the Corps, and less than 24 months \n of such service, as determined by the Director, \n such volunteer may receive, for the portion of \n service exceeding 12 months, a portion of the \n educational award described in subparagraph (B) \n or (C) (as applicable) that corresponds to the \n quantity of service actually completed by the \n volunteer.\n (3) Uses of award.--An educational award shall be used to \n pay--\n (A) costs of attendance at an institution of higher \n education; or\n (B) government or commercial loans received by an \n individual for the cost of attendance at an institution \n of higher education.\n (4) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n (A) Cost of attendance.--The term ``cost of \n attendance'' has the meaning given such term by section \n 472 of the Higher Education Act of 1965 (20 U.S.C. \n 1087ll).\n (B) Institution of higher education.--The term \n ``institution of higher education'' has the meaning \n given such term under subsection (a) or (b) of section \n 101 of the Higher Education Act of 1965 (20 U.S.C. \n 1001).\n (e) Federal Hiring Preference.--In the case of a Corps volunteer \nwho completes at least one term of full-time service in the Corps for a \ntotal period of 12 months or more, as determined by the Director, such \nvolunteer shall be eligible for appointment in the competitive service \nin the same manner as Peace Corps volunteers as prescribed in Executive \nOrder Number 11103 (April 10, 1963).\n (f) Regulations.--The Director shall issue any regulations that the \nDirector determines to be necessary to carry out this section.\n\nSEC. 6. ASSIGNMENT OF CORPS VOLUNTEERS TO SENIORS AND INDIVIDUALS WITH \n DISABILITIES.\n\n (a) Assignment of Corps Volunteers.--\n (1) In general.--The Director shall assign each Corps \n volunteer to participate in a local Care Corps program.\n (2) Priority of assignment.--In assigning Corps volunteers \n to local Care Corps programs, the Director shall--\n (A) take into consideration the population and \n geographic preferences of the volunteers; and\n (B) assign not less than 20 percent of volunteers \n to programs that serve geographic areas in which the \n Director determines there is a shortage of approved \n services available to individuals in need, with \n consideration given to low-income and minority \n populations.\n (b) Services Provided by Corps Volunteers.--\n (1) In general.--The Director shall assign Corps volunteers \n only for providing approved services to individuals in need \n through participation in local Care Corps programs.\n (2) Approved services.--Approved services are services \n provided directly to individuals in need in home-based or \n community-based settings that--\n (A) result in person-to-person, supportive \n relationships with each individual served;\n (B) support the achievement and maintenance of the \n highest level of independent living for each individual \n in need;\n (C) are supported by appropriate orientation, \n training, and supervision; and\n (D) are provided in support of, or in coordination \n with, a caregiver, if applicable.\n (3) Prohibited services.--In performing duties as a Corps \n volunteer, no volunteer shall provide--\n (A) professional medical services;\n (B) administrative support services to a local \n Corps program;\n (C) care in an institutional setting;\n (D) care prohibited under State law; or\n (E) any other services determined by the director \n to be inconsistent with the purposes of the Corps.\n (4) Guidance regarding scope of services.--The Director \n shall issue guidance describing the scope of services that may \n be provided by Corps volunteers. In issuing such guidance, the \n Director shall provide for a public notice and comment period \n of not less than 60 days before issuing the guidance in final \n form.\n (c) Individual In Need.--The term ``individual in need'' means an \nindividual who--\n (1) is at least 65 years of age or has a disability as \n defined in section 3 of the Americans With Disabilities Act of \n 1990 (42 U.S.C. 12102);\n (2) has difficultly with self-care or living independently; \n and\n (3) meets such other criteria as the Director determines to \n be appropriate.\n\nSEC. 7. TRAINING AND STANDARDS OF CONDUCT.\n\n (a) Pre-Assignment Training Program.--The Director shall develop a \ntraining program that provides Corps volunteers with instruction in the \nskills necessary to carry out an assignment in a local Care Corps \nprogram. Such training program shall include--\n (1) at least 40 hours of instruction for each Corps \n volunteer for each term (of 12 months or less) to be served in \n the Corps by the volunteer;\n (2) additional training for volunteers whose assignment \n requires further instruction; and\n (3) any other requirements the Director determines to be \n appropriate.\n (b) Standards of Conduct.--The Director shall establish and enforce \nstandards to promote proper conduct and discipline within the Corps.\n\nSEC. 8. STATUS OF CORPS VOLUNTEERS UNDER FEDERAL LAW.\n\n (a) In General.--Except as otherwise provided in this section, \nCorps volunteers shall not, by reason of their status as volunteers, be \ntreated as Federal employees or be subject to the provisions of law \nrelating to Federal employment.\n (b) Work-Related Injuries.--\n (1) In general.--For purposes of subchapter I of chapter 81 \n of title 5, United States Code, relating to the compensation of \n Federal employees for work injuries, Corps volunteers shall be \n treated as employees of the United States within the meaning of \n the term ``employee'', as defined in section 8101 of such \n title.\n (2) Special rule.--In the application of the provisions of \n subchapter I of chapter 81 of title 5, United States Code, to a \n Corps volunteer, the volunteer shall not be treated to be in \n the performance of duty while absent from the volunteer's \n assigned post of duty unless the absence is authorized in \n accordance with procedures prescribed by the Director.\n (c) Tort Claims Procedure.--A Corps volunteer shall be treated an \nemployee of the United States for purposes of chapter 171 of title 28, \nUnited States Code, relating to tort claims liability and procedure.\n\nSEC. 9. REPORTING REQUIREMENTS.\n\n The Secretary of Health and Human Services, acting through the \nAdministrator of the Administration for Community Living, shall \ntransmit to Congress at least once in each fiscal year a report on the \nCorps. At minimum, such report shall include--\n (1) a description of the population served by the Corps \n during the preceding fiscal year, including--\n (A) an estimate of the number of individuals served \n in each State, disaggregated by race, ethnicity, and \n socioeconomic status; and\n (B) identification of the type of settings in which \n the services were provided;\n (2) an evaluation of Corps operations; and\n (3) recommendations, if any, for improving Corps \n operations.\n\nSEC. 10. LOCAL CARE CORPS PROGRAMS.\n\n (a) Functions of Local Care Corps Programs.--Local Care Corps \nprograms shall--\n (1) conduct in-person orientation and training for Corps \n volunteers;\n (2) develop and monitor volunteer assignments, which shall \n include selecting the individuals in need to be served by Corps \n volunteers, matching volunteers to assignments, and supervising \n volunteers;\n (3) maintain records and prepare reports as required by the \n Director; and\n (4) carry out any other activities determined to be \n appropriate by the Director.\n (b) Grants for Local Care Corps Programs.--The Director may award \ngrants to qualified entities for the operation of local Care Corps \nprograms.\n (1) Qualified entity.--The term ``qualified entity'' means \n a public or private nonprofit entity that is--\n (A) part of an aging network, as defined by section \n 102(5) of the Older Americans Act of 1965 (42 U.S.C. \n 3002(5));\n (B) a time-banking or volunteer organizing agency;\n (C) a State, county, or local government; or\n (D) any other entity determined to be appropriate \n by the Director.\n (2) Application process.--To be eligible for a grant under \n this subsection, a qualified entity shall--\n (A) submit an application to the Director at such \n time, in such manner, and containing such information \n as the Director may require; and\n (B) abide by such terms and conditions as the \n Director determines to be appropriate.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated \n$350,000,000 for each of the fiscal years beginning after the date of \nthe enactment of this Act.\n (b) Continued Availability of Funds.--Amounts authorized to be \nappropriated under subsection (a) for a fiscal year are authorized to \nremain available for that fiscal year and the subsequent fiscal year.","summary":"National Care Corps Act of 2015 Establishes in the Department of Health and Human Services the National Care Corps through which Corps volunteers provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care or living independently.","title":"National Care Corps Act of 2015","text_len":17532,"sum_len":298} {"bill_id":"115_hr1224","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NIST Cybersecurity Framework, \nAssessment, and Auditing Act of 2017''.\n\nSEC. 2. NIST MISSION TO ADDRESS CYBERSECURITY THREATS.\n\n Section 20(a)(1) of the National Institute of Standards and \nTechnology Act (15 U.S.C. 278g-3(a)(1)) is amended by inserting ``, \nemphasizing the principle that expanding cybersecurity threats require \nengineering security from the beginning of an information system's life \ncycle, building more trustworthy and secure components and systems from \nthe start, and applying well-defined security design principles \nthroughout'' before the semicolon.\n\nSEC. 3. IMPLEMENTATION OF CYBERSECURITY FRAMEWORK.\n\n The National Institute of Standards and Technology Act (15 U.S.C. \n271 et seq.) is amended by inserting after section 20 the following:\n\n``SEC. 20A. FRAMEWORK FOR IMPROVING CRITICAL INFRASTRUCTURE \n CYBERSECURITY.\n\n ``(a) Implementation by Federal Agencies.--The Institute shall \npromote the implementation by Federal agencies of the Framework for \nImproving Critical Infrastructure Cybersecurity (in this section and \nsection 20B referred to as the `Framework') by providing to the Office \nof Management and Budget, the Office of Science and Technology Policy, \nand all other Federal agencies, not later than 6 months after the date \nof enactment of the NIST Cybersecurity Framework, Assessment, and \nAuditing Act of 2017, guidance that Federal agencies may use to \nincorporate the Framework into their information security risk \nmanagement efforts, including practices related to compliance with \nchapter 35 of title 44, United States Code, and any other applicable \nFederal law.\n ``(b) Guidance.--The guidance required under subsection (a) shall--\n ``(1) describe how the Framework aligns with or augments \n existing agency practices related to compliance with chapter 35 \n of title 44, United States Code, and any other applicable \n Federal law;\n ``(2) identify any areas of conflict or overlap between the \n Framework and existing cybersecurity requirements, including \n gap areas where additional policies, standards, guidelines, or \n programs may be needed to encourage Federal agencies to use the \n Framework and improve the ability of Federal agencies to manage \n cybersecurity risk;\n ``(3) include a template for Federal agencies on how to use \n the Framework, and recommend procedures for streamlining and \n harmonizing existing and future cybersecurity-related \n requirements, in support of the goal of using the Framework to \n supplant Federal agency practices in compliance with chapter 35 \n of title 44, United States Code;\n ``(4) recommend other procedures for compliance with \n cybersecurity reporting, oversight, and policy review and \n creation requirements under such chapter 35 and any other \n applicable Federal law; and\n ``(5) be updated, as the Institute considers necessary, to \n reflect what the Institute learns from ongoing research, the \n audits conducted pursuant to section 20B(c), the information \n compiled by the Federal working group established pursuant to \n subsection (c), and the annual reports published pursuant to \n subsection (d).\n ``(c) Federal Working Group.--Not later than 3 months after the \ndate of enactment of the NIST Cybersecurity Framework, Assessment, and \nAuditing Act of 2017, the Institute shall establish and chair a working \ngroup (in this section referred to as the `Federal working group'), \nincluding representatives of the Office of Management and Budget, the \nOffice of Science and Technology Policy, and other appropriate Federal \nagencies, which shall--\n ``(1) not later than 6 months after the date of enactment \n of the NIST Cybersecurity Framework, Assessment, and Auditing \n Act of 2017, develop outcome-based and quantifiable metrics to \n help Federal agencies in their analysis and assessment of the \n effectiveness of the Framework in protecting their information \n and information systems;\n ``(2) update such metrics as the Federal working group \n considers necessary;\n ``(3) compile information from Federal agencies on their \n use of the Framework and the results of the analysis and \n assessment described in paragraph (1); and\n ``(4) assist the Office of Management and Budget and the \n Office of Science and Technology Policy in publishing the \n annual report required under subsection (d).\n ``(d) Report.--The Office of Management and Budget and the Office \nof Science and Technology Policy shall develop and make publicly \navailable an annual report on agency adoption rates and the \neffectiveness of the Framework. In preparing such report, the Offices \nshall use the information compiled by the Federal working group \npursuant to subsection (c)(3).\n\n``SEC. 20B. CYBERSECURITY AUDITS.\n\n ``(a) Initial Assessment.--\n ``(1) Requirement.--Not later than 6 months after the date \n of enactment of the NIST Cybersecurity Framework, Assessment, \n and Auditing Act of 2017, the Institute shall complete an \n initial assessment of the cybersecurity preparedness of the \n agencies described in paragraph (2). Such assessment shall be \n based on information security standards developed under section \n 20, and may also be informed by work done or reports published \n by other Federal agencies or officials.\n ``(2) Agencies.--The agencies referred to in paragraph (1) \n are the agencies referred to in section 901(b) of title 31, \n United States Code, and any other agency that has reported a \n major incident (as defined in the Office of Management and \n Budget Memorandum--16--03, published on October 30, 2015, or \n any successor document).\n ``(3) National security systems.--The requirement under \n paragraph (1) shall not apply to national security systems (as \n defined in section 3552(b) of title 44, United States Code).\n ``(b) Audit Plan.--Not later than 6 months after the date of \nenactment of this Act, the Institute shall prepare a needs-based plan \nfor carrying out the audits of agencies as required under subsection \n(c). Such plan shall include a description of staffing plans, workforce \ncapabilities, methods for conducting such audits, coordination with \nagencies to support such audits, expected timeframes for the completion \nof audits, and other information the Institute considers relevant. The \nplan shall be transmitted by the Institute to the congressional \nentities described in subsection (c)(4)(F).\n ``(c) Audits.--\n ``(1) Requirement.--Not later than 6 months after the date \n of enactment of the NIST Cybersecurity Framework, Assessment, \n and Auditing Act of 2017, the Institute shall initiate an \n individual cybersecurity audit of each agency described in \n subsection (a)(2), to assess the extent to which the agency is \n meeting the information security standards developed under \n section 20.\n ``(2) Relation to framework.--Audits conducted under this \n subsection shall--\n ``(A) to the extent applicable and available, be \n informed by the report on agency adoption rates and the \n effectiveness of the Framework described in section \n 20A(d); and\n ``(B) if the agency is required by law or executive \n order to adopt the Framework, be based on the guidance \n described in section 20A(b) and metrics developed under \n section 20A(c)(1).\n ``(3) Schedule.--The Institute shall establish a schedule \n for completion of audits under this subsection to ensure that--\n ``(A) audits of agencies whose information security \n risk is high, based on the assessment conducted under \n subsection (a), are completed not later than 1 year \n after the date of enactment of the NIST Cybersecurity \n Framework, Assessment, and Auditing Act of 2017, and \n are audited annually thereafter; and\n ``(B) audits of all other agencies described in \n subsection (a)(2) are completed not later than 2 years \n after the date of enactment of the NIST Cybersecurity \n Framework, Assessment, and Auditing Act of 2017, and \n are audited biennially thereafter.\n ``(4) Report.--A report of each audit conducted under this \n subsection shall be transmitted by the Institute to--\n ``(A) the Office of Management and Budget;\n ``(B) the Office of Science and Technology Policy;\n ``(C) the Government Accountability Office;\n ``(D) the agency being audited;\n ``(E) the Inspector General of such agency, if \n there is one; and\n ``(F) Congress, including the Committee on Science, \n Space, and Technology of the House of Representatives \n and the Committee on Commerce, Science, and \n Transportation of the Senate.''.\n ","summary":"NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems. NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall: describe how the Framework aligns or augments existing agency practices. Identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements. Include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements. Recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review. And be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports. NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems. The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework. NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to whichnbsp, each agencynbsp. Meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information. NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.","title":"NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017","text_len":9598,"sum_len":2497} {"bill_id":"105_s709","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Private Property Rights Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) the ownership of private property plays an important \n role in the economic and social well-being of the Nation;\n (2) the protection of private property from a taking by the \n Government without just compensation is an integral protection \n for private citizens incorporated into the United States \n Constitution by the fifth amendment and made applicable to the \n States by the fourteenth amendment;\n (3) Federal agency actions that restrict the use of private \n property and result in a significant diminution in value of \n such property constitute a taking of that property and should \n be properly compensated;\n (4) Federal agencies should consider the impact of agency \n actions, including regulations, on the use and ownership of \n private property; and\n (5) owners of private property that is taken by a Federal \n agency action should be permitted to seek relief in Federal \n district court.\n\nSEC. 3. STATEMENT OF POLICY.\n\n The policy of the Federal Government is to protect the health, \nsafety, and general welfare of the public in a manner that, to the \nextent practicable, avoids takings of private property.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``agency'' means a department, agency, \n independent agency, or instrumentality of the United States, \n including any military department, Government corporation, \n Government-controlled corporation, or other establishment in \n the executive branch of the United States Government;\n (2) the term ``agency action'' means any action, inaction, \n or decision taken by an agency and includes such an action, \n inaction, or decision taken by, or pursuant to--\n (A) a statute, rule, regulation, order, guideline, \n or policy; or\n (B) the issuance, denial, or suspension of any \n permit, license, or authorization;\n (3) the term ``owner'' means the person with title, \n possession, or other property rights in property affected by \n any taking of such property; and\n (4) the term ``taking of private property'' means any \n action whereby private property is taken in such a way as to \n require compensation under the fifth amendment to the United \n States Constitution.\n\nSEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS.\n\n (a) In General.--To the fullest extent possible--\n (1) the policies, regulations, and public laws of the \n United States shall be interpreted and administered in \n accordance with the policies under this Act; and\n (2) subject to subsection (b), each agency shall complete a \n private property taking impact analysis before taking any \n agency action (including the promulgation of a regulation) \n which is likely to result in a taking of private property.\n (b) Nonapplication.--Subsection (a)(2) shall not apply to--\n (1) an action in which the power of eminent domain is \n formally exercised;\n (2) an action taken--\n (A) with respect to property held in trust by the \n United States; or\n (B) in preparation for, or in connection with, \n treaty negotiations with foreign nations;\n (3) a law enforcement action, including seizure, for a \n violation of law, of property for forfeiture or as evidence in \n a criminal proceeding;\n (4) a communication between an agency and a State or local \n land-use planning agency concerning a planned or proposed State \n or local activity that regulates private property, regardless \n of whether the communication is initiated by an agency or is \nundertaken in response to an invitation by the State or local \nauthority;\n (5) the placement of a military facility or a military \n activity involving the use of solely Federal property;\n (6) any military or foreign affairs function (including a \n procurement function under a military or foreign affairs \n function), but not including the civil works program of the \n Army Corps of Engineers; and\n (7) any case in which there is an immediate threat to \n health or safety that constitutes an emergency requiring \n immediate response or the issuance of a regulation under \n section 553(b)(B) of title 5, United States Code, if the taking \n impact analysis is completed after the emergency action is \n carried out or the regulation is published.\n (c) Content of Analysis.--A private property taking impact analysis \nshall be a written statement that includes--\n (1) the specific purpose of the agency action;\n (2) an assessment of the likelihood that a taking of \n private property will occur under such agency action;\n (3) an evaluation of whether such agency action is likely \n to require compensation to private property owners;\n (4) alternatives to the agency action that would--\n (A) achieve the intended purposes of the agency \n action; and\n (B) lessen the likelihood that a taking of private \n property will occur; and\n (5) an estimate of the potential liability of the Federal \n Government if the Government is required to compensate a \n private property owner as a result of the agency action.\n (d) Submission to OMB.--Each agency shall provide the analysis \nrequired under this section as part of any submission otherwise \nrequired to be made to the Office of Management and Budget relating to \nan agency action.\n (e) Public Availability of Analysis.--An agency shall--\n (1) make each private property taking impact analysis \n available to the public; and\n (2) to the greatest extent practicable, transmit a copy of \n such analysis to the owner and any other person with a property \n right or interest in the affected property.\n\nSEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY.\n\n Before taking any final agency action, the agency shall fully \nconsider alternatives described in section 5(c)(4) and shall, to the \nmaximum extent practicable, alter the action to avoid or minimize the \ntaking of private property.\n\nSEC. 7. CIVIL ACTION.\n\n (a) Standing.--If an agency action results in the taking of private \nproperty, the owner of such property may obtain appropriate relief in a \ncivil action against the agency that has caused the taking to occur.\n (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title \n28, United States Code--\n (1) a civil action against the agency may be brought in \n either the United States District Court in which the property \n at issue is located or in the United States Court of Federal \n Claims, regardless of the amount in controversy; and\n (2) if property is located in more than 1 judicial \n district, the claim for relief may be brought in any district \n in which any part of the property is located.\n\nSEC. 8. GUIDANCE AND REPORTING REQUIREMENTS.\n\n (a) Guidance.--The Attorney General shall provide legal guidance in \na timely manner, in response to a request by an agency, to assist the \nagency in complying with this Act.\n (b) Reports.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act and at the end of each 1-year period \n thereafter, each agency shall submit a report to the Director \n of the Office of Management and Budget and the Attorney General \n that identifies--\n (A) each agency action that has resulted in the \n preparation of a taking impact analysis;\n (B) the filing of a taking claim; and\n (C) any award of compensation pursuant to the just \n compensation clause of the fifth amendment to the \n Constitution.\n (2) Publication of reports.--The Director of the Office of \n Management and Budget and the Attorney General shall publish in \n the Federal Register, on an annual basis, a compilation of the \n reports of all agencies made under this paragraph.\n\nSEC. 9. PRESUMPTIONS IN PROCEEDINGS.\n\n For the purpose of any agency action or administrative or judicial \nproceeding, there shall be a rebuttable presumption that the costs, \nvalues, and estimates in any private property takings impact analysis \nshall be outdated and inaccurate, if--\n (1) such analysis was completed 5 years or more before the \n date of such action or proceeding; and\n (2) such costs, values, or estimates have not been modified \n within the 5-year period preceding the date of such action or \n proceeding.\n\nSEC. 10. RULES OF CONSTRUCTION.\n\n Nothing in this Act shall be construed to--\n (1) limit any right or remedy, constitute a condition \n precedent or a requirement to exhaust administrative remedies, \n or bar any claim of any person relating to such person's \n property under any other law, including claims made under this \n Act, section 1346 or 1402 of title 28, United States Code, or \n chapter 91 of title 28, United States Code; or\n (2) constitute a conclusive determination of--\n (A) the value of any property for purposes of an \n appraisal for the acquisition of property, or for the \n determination of damages; or\n (B) any other material issue.\n\nSEC. 11. EFFECTIVE DATE.\n\n This Act shall take effect 120 days after the date of enactment of \nthis Act.","summary":"Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. Directs each Federal agency to complete a private property taking impact analysis before taking any agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised. (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations, (3) law enforcement actions. (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property, (5) military activities or military or foreign affairs functions. And (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the US District Court in which the property at issue is located or in the US Court of Federal Claims (currently), regardless of the amount in controversy. And (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.","title":"Private Property Rights Act of 1997","text_len":10164,"sum_len":2909} {"bill_id":"108_hr2433","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care for Veterans of Project \n112\/Project SHAD Act of 2003''.\n\nSEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN \n CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL \n WARFARE TESTING.\n\n Section 1710(e) of title 38, United States Code, is amended--\n (1) in paragraph (1), by adding at the end the following \n new subparagraph:\n ``(E) Subject to paragraphs (2) and (3), a veteran who participated \nin a test conducted by the Department of Defense Deseret Test Center as \npart of a program for chemical and biological warfare testing from 1962 \nthrough 1973 (including the program designated as `Project Shipboard \nHazard and Defense (SHAD)' and related land-based tests) is eligible \nfor hospital care, medical services, and nursing home care under \nsubsection (a)(2)(F) for any illness, notwithstanding that there is \ninsufficient medical evidence to conclude that such illness is \nattributable to such testing.''.\n (2) in paragraph (2)(B), by striking out ``paragraph (1)(C) \n or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of \n paragraph (1)''; and\n (3) in paragraph (3)--\n (A) by striking ``and'' at the end of subparagraph \n (B);\n (B) by striking the period at the end of \n subparagraph (C) and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(D) in the case of care for a veteran described in \n paragraph (1)(E), after December 31, 2005.''.\n\nSEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE \n PROFESSIONALS.\n\n (a) Promotion Standards for Health Care Personnel.--Subsection (c) \nof 7403 of title 38, United States Code, is amended by striking \n``Promotions'' and inserting ``Consistent with subsection (a) of \nsection 7422 of this title, and notwithstanding subsection (b) of that \nsection, promotions''.\n (b) Promotions for Nurses Who Do Not Have Baccalaureate Degrees.--\nSuch section is further amended by adding at the end the following new \nsubsection:\n ``(h) In a case in which a registered nurse has accomplished the \nperformance elements required for promotion to the next grade, the lack \nof a baccalaureate degree in nursing shall not be a bar to promotion to \nthat grade, and in such a case the registered nurse shall not be denied \na promotion on that basis.''.\n\nSEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH \n CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION.\n\n (a) In General.--Section 7454(b) of title 38, United States Code, \nis amended by adding at the end the following new paragraph:\n ``(3) Employees appointed under section 7408 of this title shall be \nentitled to additional pay on the same basis as provided for nurses in \nsection 7453(c) of this title.''.\n (b) Applicability.--The amendment made by subsection (a) shall \napply with respect to pay periods beginning on or after the date of the \nenactment of this Act.\n\nSEC. 5. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER \n ADDITIONAL EMPLOYMENT LAWS.\n\n (a) Coverage.--Paragraph (5) of section 7802 of title 38, United \nStates Code, is amended by inserting before the semicolon a period and \nthe following: ``An employee appointed under this section may be \nconsidered for appointment to a Department position in the competitive \nservice in the same manner that a Department employee in the \ncompetitive service is considered for transfer to such position. An \nemployee of the Service who is appointed to a Department position in \nthe competitive service under the authority of the preceding sentence \nmay count toward the time-in-service requirement for a career \nappointment in such position any previous period of employment in the \nService''.\n (b) Technical Amendments.--Such section is further amended--\n (1) by striking the semicolon at the end of each of \n paragraphs (1) through (10) and inserting a period;\n (2) by striking ``The Secretary '' and all that follows \n through ``(1) establish,'' and inserting ``(a) Locations for \n Canteens.--The Secretary shall establish,'';\n (3) by redesignating paragraphs (2) through (11) as \n subsections (b) through (k), respectively, and by realigning \n those subsections (as so redesignated) so as to be flush to the \n left margin;\n (4) in subsection (b) (as so redesignated), by inserting \n ``Warehouses and Storage Depots.--The Secretary shall'' before \n ``establish'';\n (5) in subsection (c) (as so redesignated), by inserting \n ``Space, Buildings, and Structures.--The Secretary shall'' \n before ``furnish'';\n (6) in subsection (d) (as so redesignated), by inserting \n ``Equipment, Services, and Utilities.--The Secretary shall'' \n before ``transfer'';\n (7) in subsection (e) (as so redesignated and as amended by \n subsection (a)), by inserting ``Personnel.--The Secretary \n shall'' before ``employ'';\n (8) in subsection (f) (as so redesignated), by inserting \n ``Contracts and Agreements.--The Secretary shall'' before \n ``make all'';\n (9) in subsection (g) (as so redesignated), by inserting \n ``Prices.--The Secretary shall'' before ``fix the'';\n (10) in subsection (h) (as so redesignated), by inserting \n ``Gifts and Donations.--The Secretary may'' before ``accept'';\n (11) in subsection (i) (as so redesignated), by inserting \n ``Rules and Regulations.--The Secretary shall'' before ``make \n such'';\n (12) in subsection (j) (as so redesignated), by inserting \n ``Delegation.--The Secretary may'' before ``delegate such''; \n and\n (13) in subsection (k) (as so redesignated), by inserting \n ``Authority To Cash Checks, Etc.--The Secretary may'' before \n ``authorize''.\n\n Passed the House of Representatives September 10, 2003.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Health Care for Veterans of Project 112Project SHAD Act of 2003 - Makes a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as Project Shipboard Hazard and Defense eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing. Terminates such eligibility after December 31, 2005. Prohibits the lack of a baccalaureate degree in nursing from being a bar to, or resulting in the denial of, a promotion to the next higher grade for a Veterans Health Administration (VHA) registered nurse who has accomplished required performance elements. Authorizes additional pay for Saturday VHA nursing duty. Allows: (1) employees of the Veterans' Canteen Service (Service) to be considered for appointment to a Department position in the competitive service in the same manner that Department employees in the competitive service are considered for transfer to Service positions. And (2) former Service employees to count their previous period of employment toward the time-in-service requirement of a Department position in the competitive service.","title":"To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide veterans who participated in certain Department of Defense chemical and biological warfare testing with health care for their illness without requirement for proof of service-connection.","text_len":6404,"sum_len":1389} {"bill_id":"111_hr4322","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Foundation on Physical \nFitness and Sports Establishment Act''.\n\nSEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.\n\n (a) Establishment.--There is established the National Foundation on \nPhysical Fitness and Sports (hereinafter in this Act referred to as the \n``Foundation''). The Foundation is a charitable and nonprofit \ncorporation and is not an agency or establishment of the United States.\n (b) Purposes.--The purposes of the Foundation are--\n (1) in conjunction with the President's Council on Physical \n Fitness and Sports, to develop a list and description of \n programs, events and other activities which would further the \n goals outlined in Executive Order 12345 and with respect to \n which combined private and governmental efforts would be \n beneficial; and\n (2) to encourage and promote the participation by private \n organizations in the activities referred to in subsection \n (b)(1) and to encourage and promote private gifts of money and \n other property to support those activities.\n (c) Disposition of Money and Property.--At least annually the \nFoundation shall transfer, after the deduction of the administrative \nexpenses of the Foundation, the balance of any contributions received \nfor the activities referred to in subsection (b), to the United States \nPublic Health Service Gift Fund pursuant to section 2701 of the Public \nHealth Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the \nprovisions of that section and consistent with the purposes for which \nthe funds were donated.\n\nSEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.\n\n (a) Establishment and Membership.--The Foundation shall have a \ngoverning Board of Directors (hereinafter referred to in this Act as \nthe ``Board''), which shall consist of 11 members each of whom shall be \na United States citizen and--\n (1) 4 of whom must be knowledgeable or experienced in one \n or more fields directly connected with physical fitness, \n sports, or the relationship between health status and physical \n exercise; and\n (2) 7 of whom must be leaders in the private sector with a \n strong interest in physical fitness, sports, or the \n relationship between health status and physical exercise.\nThe membership of the Board, to the extent practicable, shall represent \ndiverse professional specialties relating to the achievement of \nphysical fitness through regular participation in programs of exercise, \nsports, and similar activities. The Assistant Secretary for Health, the \nExecutive Director of the President's Council on Physical Fitness and \nSports, the Director for the National Center for Chronic Disease \nPrevention and Health Promotion, the Director of the National Heart, \nLung, and Blood Institute, and the Director for the Centers for Disease \nControl and Prevention shall be ex officio, nonvoting members of the \nBoard. Appointment to the Board or its staff shall not constitute \nemployment by, or the holding of an office of, the United States for \nthe purposes of any Federal employment or other law.\n (b) Appointments.--Within 90 days from the date of enactment of \nthis Act, the members of the Board will be appointed. Three members of \nthe Board will be appointed by the Secretary (hereinafter referred to \nin this Act as the ``Secretary''), 2 by the majority leader of the \nSenate, 1 by the minority leader of the Senate, 1 by the President Pro \nTempore of the Senate, 2 by the Speaker of the House of \nRepresentatives, 1 by the majority leader of the House of \nRepresentatives, 1 by the minority leader of the House of \nRepresentatives.\n (c) Terms.--The members of the Board shall serve for a term of 6 \nyears. A vacancy on the Board shall be filled within 60 days of the \nvacancy in the same manner in which the original appointment was made \nand shall be for the balance of the term of the individual who was \nreplaced. No individual may serve more than 2 consecutive terms as a \nmember.\n (d) Chairman.--The Chairman shall be elected by the Board from its \nmembers for a 2-year term and will not be limited in terms or service.\n (e) Quorum.--A majority of the current membership of the Board \nshall constitute a quorum for the transaction of business.\n (f) Meetings.--The Board shall meet at the call of the Chairman at \nleast once a year. If a member misses 3 consecutive regularly scheduled \nmeetings, that member may be removed from the Board and the vacancy \nfilled in accordance with subsection (c).\n (g) Reimbursement of Expenses.--Members of the Board shall serve \nwithout pay, but may be reimbursed for the actual and necessary \ntraveling and subsistence expenses incurred by them in the performance \nof the duties of the Foundation, subject to the same limitations on \nreimbursement that are imposed upon employees of Federal agencies.\n (h) Limitations.--The following limitations apply with respect to \nthe appointment of officers and employees of the Foundation:\n (1) Officers and employees may not be appointed until the \n Foundation has sufficient funds to pay them for their service. \n No individual so appointed may receive pay in excess of the \n annual rate of basic pay in effect for Executive Level V in the \n Federal service.\n (2) The first officer or employee appointed by the Board \n shall be the Secretary of the Board who shall serve, at the \n direction of the Board, as its chief operating officer and \n shall be knowledgeable and experienced in matters relating to \n physical fitness and sports.\n (3) No Public Health Service employee nor the spouse or \n dependent relative of such an employee may serve as an officer \n or member of the Board of Directors or as an employee of the \n Foundation.\n (4) Any individual who is an officer, employee, or member \n of the Board of the Foundation may not (in accordance with the \n policies developed under subsection (i)) personally or \n substantially participate in the consideration or determination \n by the Foundation of any matter that would directly or \n predictably affect any financial interest of the individual or \n a relative (as such term is defined in section 109(16) of the \n Ethics in Government Act, 1978) of the individual, of any \n business organization, or other entity, or of which the \n individual is an officer or employee, is negotiating for \n employment, or in which the individual has any other financial \n interest.\n (i) General Powers.--The Board may complete the organization of the \nFoundation by--\n (1) appointing officers and employees;\n (2) adopting a constitution and bylaws consistent with the \n purposes of the Foundation and the provision of this Act; and\n (3) undertaking such other acts as may be necessary to \n carry out the provisions of this Act.\nIn establishing bylaws under this subsection, the Board shall provide \nfor policies with regard to financial conflicts of interest and ethical \nstandards for the acceptance, solicitation and disposition of donations \nand grants to the Foundation.\n\nSEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.\n\n (a) In General.--The Foundation--\n (1) shall have perpetual succession;\n (2) may conduct business throughout the several States, \n territories, and possessions of the United States;\n (3) shall have its principal offices in or near the \n District of Columbia; and\n (4) shall at all times maintain a designated agent \n authorized to accept service of process for the Foundation.\nThe serving of notice to, or service of process upon, the agent \nrequired under paragraph (4), or mailed to the business address of such \nagent, shall be deemed as service upon or notice to the Foundation.\n (b) Seal.--The Foundation shall have an official seal selected by \nthe Board which shall be judicially noticed.\n (c) Powers.--To carry out its purposes under section 2, and subject \nto the specific provisions thereof, the Foundation shall have the usual \npowers of a corporation acting as a trustee in the District of \nColumbia, including the power--\n (1) except as otherwise provided herein, to accept, \n receive, solicit, hold, administer and use any gift, devise, or \n bequest, either absolutely or in trust, of real or personal \n property or any income therefrom or other interest therein;\n (2) to acquire by purchase or exchange any real or personal \n property or interest therein;\n (3) unless otherwise required by the instrument of \n transfer, to sell, donate, lease, invest, reinvest, retain or \n otherwise dispose of any property or income therefrom;\n (4) to sue and be sued, and complain and defend itself in \n any court of competent jurisdiction, except for gross \n negligence;\n (5) to enter into contracts or other arrangements with \n public agencies and private organizations and persons and to \n make such payments as may be necessary to carry out its \n functions; and\n (6) to do any and all acts necessary and proper to carry \n out the purposes of the Foundation.\nFor purposes of this Act, an interest in real property shall be treated \nas including easements or other rights for preservation, conservation, \nprotection, or enhancement by and for the public of natural, scenic, \nhistoric, scientific, educational inspirational or recreational \nresources. A gift, devise, or bequest may be accepted by the Foundation \neven though it is encumbered, restricted, or subject to beneficial \ninterests of private persons if any current or future interest therein \nis for the benefit of the Foundation.\n\nSEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.\n\n (a) Protection.--Without the consent of the Foundation in \nconjunction with the President's Council on Physical Fitness and \nSports, any person who uses for the purpose of trade, uses to induce \nthe sale of any goods or services, or uses to promote any theatrical \nexhibition, athletic performance or competition--\n (1) the official seal of the President's Council on \n Physical Fitness and Sports consisting of the eagle holding an \n olive branch and arrows with shield breast encircled by name \n ``President's Council on Physical Fitness and Sports'' and \n consisting, depending upon placement, of diagonal stripes;\n (2) the official seal of the Foundation; or\n (3) any trademark, trade name, sign, symbol, or insignia \n falsely representing association with or authorization by the \n President's Council on Physical Fitness and Sports or the \n Foundation;\nshall be subject in a civil action by the Foundation for the remedies \nprovided in the Act of July 9, 1946 (60 Stat. 427; popularly known as \nthe Trademark Act of 1946).\n (b) Uses.--The Foundation, in conjunction with the President's \nCouncil on Physical Fitness and Sports, may authorize contributors and \nsuppliers of goods or services to use the trade name or the President's \nCouncil on Physical Fitness and Sports and the Foundation as well as \nany trademark, seal, symbol, insignia, or emblem of the President's \nCouncil on Physical Fitness and Sports or the Foundation in advertising \nthat the contributors, goods, or services when donated, supplied, or \nfurnished to or for the use of, or approved, selected, or used by the \nPresident's Council on Physical Fitness and Sports or the Foundation.\n\nSEC. 6. VOLUNTEER STATUS.\n\n The Foundation may accept, without regard to the civil service \nclassification laws, rules, or regulations, the services of volunteers \nin the performance of the functions authorized herein, in the manner \nprovided for under section 7(c) of the Fish and Wildlife Act of 1956 \n(16 U.S.C. 742f(c)).\n\nSEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL \n FOR EQUITABLE RELIEF.\n\n (a) Audits.--For purposes of the Act entitled ``An Act for audit of \naccounts of private corporations established under Federal law'', \napproved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103) the \nFoundation shall be treated as a private corporation under Federal law. \nThe Inspector General of the Department of Health and Human Services \nand the Comptroller General of the United States shall have access to \nthe financial and other records of the Foundation, upon reasonable \nnotice.\n (b) Report.--The Foundation shall, as soon as practicable after the \nend of each fiscal year, transmit to the Secretary of Health and Human \nServices and to Congress a report of its proceedings and activities \nduring such year, including a full and complete statement of its \nreceipts, expenditures, and investments.\n (c) Relief With Respect to Certain Foundation Acts or Failure To \nAct.--If the Foundation--\n (1) engages in, or threatens to engage in, any act, \n practice or policy that is inconsistent with its purposes set \n forth in section 2(b); or\n (2) refuses, fails, or neglects to discharge its \n obligations under this Act, or threaten to do so;\nthe Attorney General of the United States may petition in the United \nStates District Court for the District of Columbia for such equitable \nrelief as may be necessary or appropriate.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n For fiscal year 2011, there are authorized to be appropriated such \nsums as may be necessary, to be made available to the Foundation for \norganizational costs.","summary":"National Foundation on Physical Fitness and Sports Establishment Act - Establishes the National Foundation on Physical Fitness and Sports as a charitable, nonprofit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. Subjects any person who uses the Council's or Foundation's official seal or any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition without the Foundation's consent to a civil action for remedies provided in the Trademark Act of 1946. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions.","title":"To establish a National Foundation on Physical Fitness and Sports to carry out activities to support and supplement the mission of the President's Council on Physical Fitness and Sports.","text_len":13906,"sum_len":999} {"bill_id":"114_hr1492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Care Access and Refundability \nExpansion Act'' or as the ``Child CARE Act''.\n\nSEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES.\n\n (a) Credit Made Refundable.--\n (1) In general.--The Internal Revenue Code of 1986 is \n amended by redesignating section 21 as section 36C and by \n moving such section after section 36B.\n (2) Credit not allowed for services provided outside the \n united states.--Section 36C(b)(2)(A) of such Code, as \n redesignated by this section, is amended by adding at the end \n the following: ``Such term shall not include any amount paid \n for services provided outside the United States.''.\n (3) Conforming amendments.--\n (A) Section 23(f)(1) of such Code is amended by \n striking ``section 21(e)'' and inserting ``section \n 36C(e)''.\n (B) Section 35(g)(6) of such Code is amended by \n striking ``section 21(e)'' and inserting ``section \n 36C(e)''.\n (C) Section 36C(a)(1) of such Code, as redesignated \n by this section, is amended by striking ``this \n chapter'' and inserting ``this subtitle''.\n (D) Section 129(a)(2)(C) of such Code is amended by \n striking ``section 21(e)'' and inserting ``section \n 36C(e)''.\n (E) Section 129(b)(2) of such Code is amended by \n striking ``section 21(d)(2)'' and inserting ``section \n 36C(d)(2)''.\n (F) Section 129(e)(1) of such Code is amended by \n striking ``section 21(b)(2)'' and inserting ``section \n 36C(b)(2)''.\n (G) Section 213(e) of such Code is amended by \n striking ``section 21'' and inserting ``section 36C''.\n (H) Section 6211(b)(4)(A) of such Code is amended \n by inserting ``36C,'' after ``36B,''.\n (I) Section 6213(g)(2)(H) of such Code is amended \n by striking ``section 21'' and inserting ``section \n 36C''.\n (J) Section 6213(g)(2)(L) of such Code is amended \n by striking ``section 21, 24, 32, or 6428'' and \n inserting ``section 24, 32, 36C, or 6428''.\n (K) Paragraph (2) of section 1324(b) of title 31, \n United States Code, is amended by inserting ``36C,'' \n after ``36B,''.\n (L) The table of sections for subpart A of part IV \n of subchapter A of chapter 1 of the Internal Revenue \n Code of 1986 is amended by striking the item relating \n to section 21.\n (M) The table of sections for subpart C of part IV \n of subchapter A of chapter 1 of such Code is amended by \n inserting after the item relating to section 36B the \n following new item:\n\n``Sec. 36C. Expenses for household and dependent care services \n necessary for gainful employment.''.\n (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as \nredesignated by this section, is amended--\n (1) by striking ``$3,000'' in paragraph (1) and inserting \n ``$8,000'', and\n (2) by striking ``$6,000'' in paragraph (2) and inserting \n ``twice the dollar amount in effect under paragraph (1)''.\n (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section \n36C(a)(2) of such Code, as redesignated by this section, is amended by \nstriking ``35 percent'' and all that follows and inserting ``50 \npercent.''.\n (d) Income Limitation.--Section 36C(a) of such Code, as \nredesignated by this section, is amended by adding at the end the \nfollowing new paragraph:\n ``(3) Income limitation.--No credit shall be allowed under \n paragraph (1) with respect to any taxpayer for any taxable year \n if the taxpayer's adjusted gross income for such taxable year \n exceeds $200,000.''.\n (e) Inflation Adjustment of Dollar and Income Limitations.--Section \n36C(e) of such Code, as redesignated by this section, is amended by \nadding at the end the following new paragraph:\n ``(11) Inflation adjustment.--\n ``(A) In general.--In the case of any taxable year \n beginning in a calendar year after 2015, the $8,000 \n amount in subsection (c)(1) and the $200,000 amount in \n subsection (a)(3) shall each be increased by an amount \n equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 2014' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--Any increase determined under \n subparagraph (A) shall be rounded to the nearest \n multiple of $100.''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2014.\n\nSEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT.\n\n ``(a) In General.--For the purposes of section 38, the child care \ncenter education credit determined under this section for the taxable \nyear is an amount equal to 50 percent of so much of the child care \neducational expenses paid or incurred by the taxpayer with respect to \nthe operation of a qualified child care center during the taxable year.\n ``(b) Limitation.--The child care educational expenses taken into \naccount under subsection (a) with respect to any eligible employee of \nthe taxpayer for any taxable year shall not exceed $1,000.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Child care educational expenses.--\n ``(A) In general.--The term `child care educational \n expenses' means, with respect to any eligible employee, \n expenses paid or incurred by the taxpayer to an \n eligible educational institution (as defined in section \n 25A(f)(2)) for classes related to early childhood \n education or development or child care certification.\n ``(B) Eligible employee.--The term `eligible \n employee' means any employee of the taxpayer whose \n primary job function is providing care to children in a \n qualified child care center.\n ``(2) Qualified child care center.--The term `qualified \n child care center' means any dependent care center (as defined \n in section 36C(b)(2)(D)) located in the United States which \n meets the requirements of section 36C(b)(2)(C)(i).\n ``(d) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter for the portion of the expenses otherwise allowable \nas a deduction that are taken into account in determining the credit \nunder this section for the taxable year.''.\n (b) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code is amended by striking ``plus'' at the end \nof paragraph (35), by striking the period at the end of paragraph (36) \nand inserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(37) the child care center education credit determined \n under section 45S(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 45S. Child care center education credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to expenses paid or incurred after the date of the enactment of \nthis Act, in taxable years ending after such date.","summary":"Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such creditnbsp. For services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year. And (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50 of the child care educational expenses, up to a maximum of $1,000 in any taxable year,nbsp. Paid with respect to the operation of a qualified child care center.","title":"Child CARE Act","text_len":8443,"sum_len":918} {"bill_id":"114_s797","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Railroad \nInfrastructure Financing Improvement Act''.\n (b) References to the Railroad Revitalization and Regulatory Reform \nAct of 1976.--Except as otherwise expressly provided, wherever in this \nAct an amendment or repeal is expressed in terms of an amendment to, or \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of the Railroad \nRevitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et \nseq.).\n\nSEC. 2. DEFINITIONS.\n\n Section 501 (45 U.S.C. 821) is amended--\n (1) by redesignating paragraph (8) as paragraph (10);\n (2) by redesignating paragraphs (6) and (7) as paragraphs \n (7) and (8), respectively;\n (3) by inserting after paragraph (5) the following:\n ``(6) The term `investment-grade rating' means a rating of \n BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a \n rating agency.'';\n (4) by inserting after paragraph (8), as redesignated, the \n following:\n ``(9) The term `master credit agreement' means an agreement \n to make 1 or more direct loans or loan guarantees at future \n dates for a program of related projects secured by a common \n security pledge on terms acceptable to the Secretary.''; and\n (5) by adding at the end the following:\n ``(11) The term `project obligation' means as note, bond, \n debenture, or other debt obligation issued by a borrower in \n connection with the financing of a project, other than a direct \n loan or loan guarantee under this title.\n ``(12) The term `railroad' has the meaning given the term \n `railroad carrier' in section 20102 of title 49, United States \n Code.\n ``(13) The term `rating agency' means a credit rating \n agency registered with the Securities and Exchange Commission \n as a nationally recognized statistical rating organization (as \n defined in section 3(a) of the Securities Exchange Act of 1934 \n (15 U.S.C. 78c(a))).\n ``(14) The term `substantial completion' means--\n ``(A) the opening of a project to passenger or \n freight traffic; or\n ``(B) a comparable event, as determined by the \n Secretary and specified in the direct loan.''.\n\nSEC. 3. ELIGIBLE APPLICANTS.\n\n Section 502(a) (45 U.S.C. 822(a)) is amended--\n (1) in paragraph (5), by striking ``one railroad; and'' and \n inserting ``1 of the entities described in paragraph (1), (2), \n (3), (4), or (6);'';\n (2) by amending paragraph (6) to read as follows:\n ``(6) solely for the purpose of constructing a rail \n connection between a plant or facility and a rail carrier, \n limited option freight shippers that own or operate a plant or \n other facility; and''; and\n (3) by adding at the end the following:\n ``(7) any obligor, as designated by an entity otherwise \n eligible to receive a direct loan or loan guarantee under this \n section, including a special purpose entity receiving user fees \n or other payments or revenues from dedicated sources for debt \n service and maintenance of the equipment or facilities to be \n acquired or improved; and\n ``(8) solely for a project described in subsection \n (b)(1)(D), a public-private partnership, private entity, or \n consortium that specializes in real estate development.''.\n\nSEC. 4. ELIGIBLE PURPOSES.\n\n Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--\n (1) in subparagraph (A), by inserting ``, and including \n costs related to these activities and excluding operating \n expenses'' after ``shops'';\n (2) in subparagraph (B), by striking ``subparagraph (A); \n or'' and inserting ``subparagraph (A) or (C);'';\n (3) in subparagraph (C), by striking the period at the end \n and inserting ``; or''; and\n (4) by adding at the end the following:\n ``(D) finance economic development, including \n commercial and residential development, and related \n infrastructure and activities, that--\n ``(i) incorporates private investment;\n ``(ii) is physically or functionally \n related to a passenger rail station or \n multimodal station; and\n ``(iii) is likely to increase ridership at \n that station.''.\n\nSEC. 5. PROGRAM ADMINISTRATION.\n\n (a) Application Processing Procedures.--Section 502(i) (45 U.S.C. \n822(i)) is amended to read as follows:\n ``(i) Application Processing Procedures.--\n ``(1) Application status notices.--Not later than 30 days \n after the date that the Secretary receives an application under \n this section, the Secretary shall provide the applicant written \n notice as to whether the application is complete or incomplete.\n ``(2) Incomplete applications.--If the Secretary determines \n that an application is incomplete, the Secretary shall--\n ``(A) provide the applicant with a description of \n all of the specific information or material that is \n needed to complete the application; and\n ``(B) allow the applicant to resubmit the \n information and material described under subparagraph \n (A) to complete the application without prejudice.\n ``(3) Application approvals and disapprovals.--Not later \n than 60 days after the date the Secretary notifies an applicant \n that an application is complete under paragraph (1), the \n Secretary shall provide the applicant written notice as to \n whether the Secretary has approved or disapproved the \n application.\n ``(4) Expedited processing.--The Secretary shall implement \n procedures and measures to economize the time and cost involved \n in obtaining an approval or a disapproval of credit assistance \n under this title.''.\n (b) Administration of Direct Loans and Loan Guarantees.--Section \n503 (45 U.S.C. 823) is amended--\n (1) in subsection (a), by striking the period at the end \n and inserting ``, including a program guide and standard term \n sheet, application deadlines, and specific timetables.'';\n (2) by redesignating subsections (c) through (l) as \n subsections (d) through (m), respectively;\n (3) by striking ``(b) Assignment of Loan Guarantees.--'' \n and inserting ``(c) Assignment of Loan Guarantees.--'';\n (4) in subsection (d), as redesignated--\n (A) in paragraph (1), by striking ``; and'' and \n inserting a semicolon;\n (B) in paragraph (2), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(3) the modification cost has been covered under section \n 502(f).''; and\n (5) by amending subsection (l), as redesignated, to read as \n follows:\n ``(l) Charges.--\n ``(1) Purposes.--The Secretary may collect from each \n applicant a reasonable charge for--\n ``(A) the cost of evaluating the application, \n amendments, modifications, and waivers, including \n appraisal of the value of the equipment or facilities \n for which the direct loan or loan guarantee is sought, \n and for making necessary determinations and findings;\n ``(B) the cost of award management and project \n management oversight;\n ``(C) the cost of services from expert firms, \n including counsel, in the field of railroad, municipal, \n and project finance, to assist in the underwriting, \n auditing, servicing, and exercise of rights with \n respect to direct loans and loan guarantees; and\n ``(D) the cost of all other expenses incurred as a \n result of a breach of any term or condition or any \n event of default on a direct loan or loan guarantee.\n ``(2) Standards.--The Secretary shall prescribe standards \n for applying a charge under this subsection to ensure that it \n does not prevent an applicant from having adequate access to \n direct loans and loan guarantees under this title.\n ``(3) Safety and operations account.--Amounts collected \n under this subsection shall be credited directly to the Safety \n and Operations account of the Federal Railroad Administration, \n and shall remain available until expended to pay for the costs \n described in this subsection.''.\n\nSEC. 6. LOAN TERMS AND REPAYMENT.\n\n (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C. \n822(g)(1)) is amended by striking ``35 years from the date of its \nexecution'' and inserting ``the lesser of 50 years or 90 percent of the \nestimated useful life of the rail equipment or facilities to be \nacquired, rehabilitated, improved, developed, or established''.\n (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is \namended--\n (1) in paragraph (1), by striking ``the sixth anniversary \n date of the original loan disbursement'' and inserting ``5 \n years after the date of substantial completion''; and\n (2) by adding at the end the following:\n ``(3) Deferred payments.--\n ``(A) In general.--If at any time after the date of \n substantial completion the project is unable to \n generate sufficient revenues to pay the scheduled loan \n repayments of principal and interest on the direct \n loan, the Secretary, subject to subparagraph (B), may \n allow the obligor to add unpaid principal and interest \n to the outstanding balance of the direct loan.\n ``(B) Interest.--A payment deferred under \n subparagraph (A) shall--\n ``(i) continue to accrue interest under \n paragraph (2) until the loan is fully repaid; \n and\n ``(ii) be scheduled to be amortized over \n the remaining term of the loan.\n ``(4) Prepayments.--\n ``(A) Use of excess revenues.--Any excess revenues \n that remain after satisfying scheduled debt service \n requirements on the project obligations and direct loan \n and all deposit requirements under the terms of any \n trust agreement, bond resolution, or similar agreement \n securing project obligations may be applied annually to \n prepay the direct loan without penalty.\n ``(B) Use of proceeds of refinancing.--The direct \n loan may be prepaid at any time without penalty from \n the proceeds of refinancing from non-Federal funding \n sources.''.\n\nSEC. 7. CREDIT RISK PREMIUMS.\n\n Section 502(f) (45 U.S.C. 822(f)) is amended--\n (1) in paragraph (1), by amending the first sentence to \n read as follows: ``In lieu of or in combination with \n appropriations of budget authority to cover the costs of direct \n loans and loan guarantees as required under section 504(b)(1) \n of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), \n including the cost of a modification thereof, the Secretary may \n accept on behalf of an applicant for assistance under this \n section a commitment from a non-Federal source, including a \n State or local government or agency thereof, to fund in whole \n or in part credit risk premiums and modification costs with \n respect to the loan that is the subject of the application or \n modification.'';\n (2) in paragraph (2)--\n (A) in subparagraph (D), by adding ``and'' after \n the semicolon;\n (B) by striking subparagraph (E); and\n (C) by redesignating subparagraph (F) as \n subparagraph (E);\n (3) by striking paragraph (4);\n (4) by redesignating paragraph (3) as paragraph (4);\n (5) by inserting after paragraph (2) the following:\n ``(3) Creditworthiness.--An applicant may propose and the \n Secretary may accept as a basis for determining the amount of \n the credit risk premium under paragraph (2) any of the \n following in lieu of the value of any tangible asset as \n collateral under paragraph (2)(A):\n ``(A) A rate covenant, if applicable.\n ``(B) Adequate coverage requirements to ensure \n repayment, on a non-recourse basis, from cash flows \n generated by the project or any other dedicated revenue \n source, including--\n ``(i) tolls;\n ``(ii) user fees; or\n ``(iii) payments owing to the obligor under \n a public-private partnership.\n ``(C) An investment-grade rating on debt senior to \n the direct loan or loan guarantee.\n ``(D) A rating on the direct loan or loan \n guarantee, as applicable.'';\n (6) in paragraph (4), as redesignated, by striking \n ``amounts'' and inserting ``amounts (and in the case of a \n modification, before the modification is executed), to the \n extent appropriations are not available to the Secretary to \n meet the costs of direct loans and loan guarantees, including \n costs of modifications thereof''; and\n (7) by adding at the end the following:\n ``(5) Use of other federal funds.--Notwithstanding any \n other provision of law, an applicant may use other Federal \n funds to pay part or all of a credit risk premium under this \n subsection.''.\n\nSEC. 8. MASTER CREDIT AGREEMENTS.\n\n Section 502 (45 U.S.C. 822) is amended by adding at the end the \nfollowing:\n ``(k) Master Credit Agreements.--\n ``(1) In general.--Subject to section 502(d) and paragraph \n (2) of this subsection, the Secretary may enter into a master \n credit agreement if--\n ``(A) the common security pledge receives an \n investment-grade rating from a rating agency prior to \n the Secretary entering into the master credit \n agreement; and\n ``(B) all of the conditions for the provision of \n direct loans or loan guarantees, as applicable, under \n this title are satisfied.\n ``(2) Conditions.--Each master credit agreement shall--\n ``(A) establish the maximum amount and general \n terms and conditions of each applicable direct loan or \n loan guarantee;\n ``(B) identify 1 or more dedicated non-Federal \n revenue sources that will secure the repayment of each \n applicable direct loan or loan guarantee;\n ``(C) provide for the obligation of funds for the \n direct loans or loan guarantees after all requirements \n have been met for the projects subject to the master \n credit agreement; and\n ``(D) unless otherwise extended by the Secretary, \n require that each applicable direct loan and loan \n guarantee results in a financial close and obligation \n of assistance, or release of the master credit \n agreement, not later than 3 years after the date of \n entry by the Secretary into the agreement.\n ``(l) Non-Federal Share.--The proceeds of a direct loan under this \ntitle may be used for any non-Federal share of project costs required \nunder chapter 244 of title 49, United States Code, if the loan is \nrepayable from non-Federal funds.''.\n\nSEC. 9. MISCELLANEOUS PROVISIONS.\n\n (a) Priority Projects.--Section 502(c)(5) (45 U.S.C. 822(c)(5)) is \namended by inserting ``or chapter 227 of title 49'' after ``section 135 \nof title 23''.\n (b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is \namended--\n (1) in paragraph (2), by inserting ``, if applicable'' \n after ``project''; and\n (2) by adding at the end the following:\n ``(4) For a project described in subsection (b)(1)(D), the \n Secretary shall require the applicant to pay, in addition to \n the interest required under subsection (e), a fee or payment in \n an amount determined appropriate by the Secretary to provide an \n equitable share of revenue to support capital or operating \n costs of routes serving the passenger rail station or \n multimodal station where the development is located.''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated for each of fiscal years \n2015 through 2020 $100,000,000, to remain available until expended, for \nthe cost of direct loans and loan guarantees under sections 502 through \n504 of the Railroad Revitalization and Regulatory Reform Act of 1976 \n(45 U.S.C. 801 et seq.).\n\nSEC. 11. SAVINGS PROVISION.\n\n This Act, and the amendments made by this Act, shall not affect any \ndirect loan (or direct loan obligation) or an outstanding loan \nguarantee (or loan guarantee commitment) that was in effect prior to \nthe date of enactment of this Act. Any such transaction entered into \nbefore the date of enactment of this Act shall be administered until \ncompletion under its terms as if this Act were not enacted.","summary":"Railroad Infrastructure Financing Improvement Act This bill amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Department of Transportation (DOT) to make direct loans and loan guarantees to: joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity). And any obligor, as designated by such an entity, including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved. Direct loans and loan guarantees may also be solely for a public-private partnership, private entity, a consortium that specializes in real estate development, or an economic development project physically or functionally related to a passenger rail station or multimodal station. DOT shall notify direct loan or loan guarantee applicants if their applications are incomplete, and within another 60 days approve or disapprove a resubmitted application. Charges may be collected for certain costs additional to the evaluation of applications. The current formula cap on such a charge is repealed. The term for repayment of a direct loan or loan guarantee may extend from a maximum of 35 years to a maximum of the lesser of 50 years or 90 of the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established. DOT may allow an obligor to add unpaid principal and interest to the outstanding balance if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on a direct loan. Prepayments without penalty are also allowed. Authority for cohorts of loans is repealed. A direct loan or loan guarantee applicant may propose, and DOT may accept as collateral, as a basis for determining the amount of a credit risk premium any of the following in lieu of the value of any tangible asset: a rate covenant. Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source. An investment-grade rating on debt senior to the direct loan or loan guarantee. Or a rating on the direct loan or loan guarantee. DOT may enter into a master credit agreement if: the common security pledge receives an investment-grade rating from a rating agency before entry into the master credit agreement. And all specified conditions for the provision of direct loans or loan guarantees, as applicable, are satisfied. DOT must require the applicant for an economic development project to pay, in addition to interest, a fee to provide an equitable share of revenue to support capital or operating costs of routes serving the passenger rail station or multimodal station where the development is located.","title":"Railroad Infrastructure Financing Improvement Act","text_len":18462,"sum_len":3004} {"bill_id":"114_hr2797","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Disciplinary Fairness Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Too many juveniles are introduced to the formal \n criminal justice system for minor behavioral infractions at \n school.\n (2) Common behavioral infractions at school often result in \n suspension, expulsion, or incarceration of the juvenile \n students involved.\n (3) Zero-tolerance school discipline policies increase the \n number of incarcerated juveniles.\n (4) Research shows that juveniles who are incarcerated are \n significantly less likely to complete secondary school, \n experience less human capital development and diminished \n earnings potential, and are more likely to recidivate and be \n incarcerated as adults.\n\nSEC. 3. SCHOOL DISCIPLINE POLICY.\n\n The Juvenile Justice and Delinquency Prevention Act of 1974 (42 \nU.S.C. 5601 et seq.) is amended by inserting after title V the \nfollowing new title:\n\n ``TITLE VI--SCHOOL DISCIPLINE POLICY\n\n``SEC. 601. ESTABLISHMENT OF OFFICE.\n\n ``(a) In General.--There is hereby established within the Office of \nJuvenile Justice and Delinquency Prevention an Office of School and \nDiscipline Policy (referred to in this title as the `Office'), headed \nby a Director appointed by the Administrator of the Office of Juvenile \nJustice and Delinquency Prevention.\n ``(b) Purpose.--The purpose of the Office shall be to reduce the \nnumber of juveniles who are incarcerated and develop a criminal record \nbased on activity that occurs while the juvenile is at school.\n\n``SEC. 602. DUTIES.\n\n ``The Office shall--\n ``(1) collect and publish data, in collaboration with the \n Office for Civil Rights of the Department of Education, \n relating to the arrest and incarceration of juvenile students \n for violations of school rules or policies;\n ``(2) work with States, units of local government, local \n educational agencies, and non-governmental organizations in \n order to expand the use of alternatives to detention and \n incarceration programming in schools in order to reduce the \n number of juvenile students who are arrested and incarcerated \n for violating school rules or policies; and\n ``(3) collect and publish data, in collaboration with the \n Office of Justice Programs, relating to the relationship \n between the presence of a school resource officer at a school \n and the rate of juvenile students who are arrested and \n incarcerated for violations of school rules or policies.\n\n``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM.\n\n ``(a) Grants Authorized.--The Director may make grants to States, \nunits of local government, and local educational agencies in order to \nfurther the purpose described in section 601(b).\n ``(b) Application.--A State, unit of local government, or local \neducational agency seeking a grant under this section shall submit an \napplication to the Director at such time, in such manner, and \ncontaining such information as the Director may reasonably require.\n ``(c) Preference.--The Director shall give preference in awarding \ngrants to an applicant that demonstrates that it has, at the time of \nsubmitting an application, begun to take steps to further the purpose \ndescribed in section 601(b).\n ``(d) Uses of Funds.--A State, unit of local government or local \neducational agency that receives a grant under this section shall use \nsuch funds for programs that reduce the rate of juvenile students who \nare arrested and incarcerated for violations of school rules or \npolicies, and any other activity that the Director determines will \nfurther the purpose described in section 601(b).\n\n``SEC. 604. DEFINITIONS.\n\n ``In this title:\n ``(1) The term `school' means an elementary school or a \n secondary school as such terms are defined in section 9101 of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7801).\n ``(2) The term `school resource officer' has the meaning \n given such term in section 1709 of the Omnibus Crime Control \n and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8).\n ``(3) The term `local educational agency' has the meaning \n given such term in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801).\n ``(4) The term `juvenile student' means a juvenile who is \n enrolled in school.\n\n``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated such sums as may be \nnecessary for fiscal years 2014 and 2015 to carry out this title.''.\n\nSEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS.\n\n Section 1702(c) of the Omnibus Crime Control and Safe Streets Act \nof 1968 is amended--\n (1) in paragraph (10), by striking ``and'' at the end;\n (2) in paragraph (11), by striking the period at the end \n and inserting ``; and''; and\n (3) by inserting after paragraph (11), the following new \n paragraph:\n ``(12) in the case of an applicant that is a State or unit \n of local government, provide assurances that--\n ``(A) the administration of juvenile justice in the \n applicant's jurisdiction is consistent with any \n requirements of the United States Constitution and the \n 4th, 5th, and 14th amendments to the Constitution, \n including assurances that--\n ``(i) before a juvenile is arrested, the \n arresting law enforcement officer must have \n probable cause specific to that juvenile; and\n ``(ii) juveniles who are arrested must \n receive adequate procedural due process, \n including--\n ``(I) adequate and timely notice to \n the juvenile and the juvenile's \n guardian regarding any court \n proceedings related to the incident for \n which the juvenile was arrested;\n ``(II) representation by an \n attorney in any court proceeding as a \n result of which the juvenile could face \n incarceration;\n ``(III) protections against self-\n incrimination; and\n ``(IV) an opportunity to cross-\n examine any witness testifying against \n the juvenile; and\n ``(B) any contract governing the terms of probation \n for a juvenile shall not contain any clauses that--\n ``(i) the juvenile cannot understand; and\n ``(ii) in the case of a juvenile student \n (as such term is defined in section 604 of the \n Juvenile Justice and Delinquency Prevention Act \n of 1974), could result in incarceration for \n violations of school rules or policies.''.\n\nSEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS \n RELATING TO JUVENILE JUSTICE.\n\n Section 210401 of the Violent Crime Control and Law Enforcement Act \nof 1994 (42 U.S.C. 14141) is amended by adding at the end the \nfollowing:\n ``(c) Access to Certain Records Relating to Juvenile Justice.--The \nAttorney General may issue subpoenas requiring the production of any \ndocuments relating to any matter which the Attorney General is \nauthorized to investigate under subsection (a).''.\n\nSEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM.\n\n (a) Program Authorized.--From the amounts appropriated to carry out \nthis section, the Secretary of Education (acting through the Office of \nCivil Rights of the Department of Education) shall make grants to \neligible entities to fund training for school personnel in elementary \nschools and secondary schools on de-escalation techniques to teach the \npersonnel procedures and tactics to mitigate delinquent student \nbehavior which may avoid a referral to law enforcement officials.\n (b) Application.--To receive a grant under this section, an \neligible entity shall submit an application to the Secretary of \nEducation at such time, in such manner, and containing such information \nas the Secretary may require, including information that demonstrates \nthat the eligible entity--\n (1) is fully compliant with all applicable Federal school \n discipline data reporting requirements, including, if \n applicable, the reporting requirements of section 618 of the \n Individuals with Disabilities Education Act of 1965 (20 U.S.C. \n 1418(a)); and\n (2) has provided complete information to all applicable \n data surveys of Department of Education, including the Office \n for Civil Rights.\n (c) Limitation.--An elementary school or secondary school may only \nreceive assistance under this section during a grant period from 1 \neligible entity receiving a grant under this section during the grant \nperiod.\n (d) Definitions.--For purposes of this section:\n (1) Eligible entity.--The term ``eligible entity'' means a \n State, unit of general local government, or juvenile justice \n agency.\n (2) General esea terms.--The terms ``elementary schools'', \n ``secondary schools'', and ``State'' have the meanings given \n the terms in section 9101 of the Elementary and Secondary \n Education Act of 1965 (20 U.S.C. 7801).\n (3) School personnel.--The term ``school personnel'' has \n the meaning given the term in section 4151 of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. 7161).\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for fiscal years 2014 and \n2015 to carry out this section.","summary":"Student Disciplinary Fairness Act of 2015 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy within the Department of Justice (DOJ). The Office must collect and publish data on the arrests or incarceration of juvenile students for violations of school rules or policies. It must also collaborate with states and local governments to expand alternatives to juvenile detention and incarceration. The legislation amends the Omnibus Crime Control and Streets Act of 1968 to require state or local governments that apply for public safety and community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. The Office of Civil Rights of the Department of Education must make grants to states, local governments, and juvenile justice agencies to train elementary and secondary school teachers and administrators on de-escalation techniques to mitigate delinquent student behavior.","title":"Student Disciplinary Fairness Act of 2015","text_len":10443,"sum_len":1403} {"bill_id":"107_hr5694","text":"SECTION 1. SHORT TITLE AND DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``National Renewable \nEnergy Lands Act of 2002''.\n (b) Definitions.--For purposes of this Act:\n (1) The term ``renewable energy'' means electric energy \n generated by solar, wind, or geothermal power.\n (2) The term ``candidate sites'' means sites identified \n under section 4 as candidates for the siting of renewable \n energy production facilities.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) The expedited development and deployment of energy \n efficiency and renewable energy technologies and resources in \n the United States will both increase our energy independence \n and contribute to ensuring our energy security.\n (2) Renewable energy facilities produce cleaner energy and \n have much less impact on the environment than conventional \n energy facilities and fuels in terms of air pollution, acid \n rain, and greenhouse gases.\n (3) The United States has abundant solar, wind, and \n geothermal resources on Federal lands providing, a tremendous \n potential for the development and deployment of renewable \n energy power.\n (4) The use of solar, wind, and geothermal technologies and \n resources can be enhanced through the use of integrated \n hydroelectric storage systems.\n (5) The development and deployment of renewable energy \n technologies and resources on Federal lands can be done in an \n expedited fashion consistent with the requirements of the \n Federal Land Management Policy Act of 1976 and the National \n Environmental Policy Act of 1969.\n\nSEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACILITY CANDIDATE SITES.\n\n The Secretary of the Interior, acting through the Bureau of \nReclamation and the Bureau of Land Management, and in consultation with \nthe Federal Power Marketing Administrations and other appropriate \nFederal agencies, shall evaluate all Federal hydroelectric facilities \non Federal lands and, within 1 year after the enactment of this Act, \nidentify facilities that are candidates for interconnection with \npotential renewable energy generation facilities. Evaluation criteria \nto identify candidate facilities shall include--\n (1) proximity of the hydroelectric facilities to Federal \n lands suitable for renewable energy projects;\n (2) existing transmission capacity infrastructure in \n proximity to the hydroelectric facilities;\n (3) the need for, and value of, enhanced peaking power \n production capability in conjunction with the hydroelectric \n facilities;\n (4) the value of increased Department of the Interior \n ability to address varied multiple-use concerns, such as water \n resource management, recreational and wildlife uses, deriving \n from the additional margins of generation potentially provided \n by collocated renewable energy production facilities; and\n (5) other criteria to be determined.\n\nSEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY PRODUCTION CANDIDATE \n SITES.\n\n The Secretary of the Interior, acting through the Bureau of \nReclamation and the Bureau of Land Management, and in consultation with \nthe Federal Power Marketing Administrations and other appropriate \nFederal agencies, shall, within 1 year after the enactment of this Act, \nevaluate and identify potential renewable energy production sites on \nFederal lands. Evaluation criteria to identify candidate sites shall \ninclude each of the following:\n (1) Proximity to (A) hydroelectric facilities that are \n identified under section 3 as candidates for interconnection \n with potential renewable energy generation facilities, or (B) \n support infrastructure, including roadways, transmission lines, \n and other facilities.\n (2) Topography appropriate for solar, wind, or geothermal \n generation systems.\n (3) The absence of cultural or historic resources.\n (4) The impact of facilities on wildlife including the \n likelihood of interference with federally listed threatened or \n endangered species and their habitats.\n (5) The absence of any other potential impediments to the \n development of electric energy generation and transmission \n facilities.\nUpon completion of the evaluation, the Secretary shall publish a list \nof the sites that the Secretary finds to be qualified for the location \nof renewable energy facilities. Such list shall be made available for \npublic comment for a period of at least 90 days.\n\nSEC. 5. ENGINEERING FEASIBILITY ANALYSIS.\n\n The Secretary of the Interior, acting through the Bureau of \nReclamation and the Bureau of Land Management, and in consultation with \nother appropriate Federal agencies, shall complete an engineering \nfeasibility analysis for sites that are identified under section 4 as \ncandidate sites setting forth each of the following:\n (1) The capability and cost estimates of additional hydro-\n related transmission equipment additions (if any) based on pro \n forma power production increases in 1-percent increments up to \n a total of 10 percent of the subject hydrofacilities current \n production capacity.\n (2) An analysis of the potential financial benefits of \n coordinated operation of the potential renewable energy \n facilities located at the candidate sites with hydroelectric \n facilities on Federal lands.\n (3) An analysis of the potential environmental benefits to \n affected aquatic ecosystems arising from improved flexibility \n in hydrofacility water management attributable to collocated \n renewable energy systems.\n\nSEC. 6. LEASING.\n\n (a) In General.--Upon the completion of the engineering feasibility \nanalysis under section 5 of this Act, the Secretary of the Interior, \nacting through the Director of the Bureau of Land Management, shall \nexpeditiously make the most promising of the candidate sites identified \nunder section 4 available for long-term lease pursuant to a competitive \nbidding process to qualified renewable energy development firms. In \nidentifying the candidate areas to be made available for leasing under \nthis section, the Secretary shall locate such areas and determine the \nsize of such areas in such manner as will (1) minimize the need for \nadditional rights of way for transmission and for transportation, and \n(2) provide such lands to enable the lessee to expand the size of any \ninitial facility to be constructed on the lease lands.\n (b) Advertising.--The Director of the Bureau of Land Management \nshall publicly advertise the terms and conditions of potential long-\nterm lease agreements for the candidate sites.\n (c) Request for Proposals.--The Director of the Bureau of Land \nManagement shall prepare a request for proposals to develop the \ncandidate sites identified under section 4.\n (d) Issuance of Leases.--The leases issued under this section shall \nbe for a period of not less than 30 years.\n (e) Commencement of Construction and Operation.--As a condition of \nany lease under this section, the Director of the Bureau of Land \nManagement shall require lessees to commence construction of a \nrenewable energy production facility within 24 months of the signing of \nthe lease and be fully capable of producing electric energy for sale \nwithin 36 months of the signing of the lease for the public lands site.\n\nSEC. 7. GAO REPORT.\n\n The Comptroller General of the United States shall undertake an \ninvestigation of, and prepare and submit to the Congress a report on, \nthe existing impediments to the construction of renewable energy \nprojects on Federal lands and the measures, including legislative \nmeasures, necessary to expedite the development of such projects.\n\nSEC. 8. CONTRACT EXPIRATION.\n\n Upon expiration and renegotiation of any contract for the sale of \nelectric energy generated by a Federal hydroelectric facility on \nFederal land, the interconnection of potential renewable energy sources \nto such facility shall be evaluated and implemented in accordance with \nthe evaluation criteria as defined in section 3 of this Act.","summary":"National Renewable Energy Lands Act of 2002 - Instructs the Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, to: (1) evaluate all Federal hydroelectric facilities on Federal lands and identify candidates for interconnection with potential renewable energy generation facilities. (2) evaluate and identify renewable energy production candidate sites on Federal lands, (3) complete an engineering feasibility analysis for such sites. And (4) expeditiously make the most promising of the candidate sites available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms. Requires the Comptroller General to investigate and report to Congress on the existing impediments to construction of renewable energy projects on Federal lands and the measures necessary to expedite project development.","title":"To allow for the augmentation of electric power production at hydroelectric facilities located on certain Federal lands by making other Federal lands available for renewable energy production, and for other purposes.","text_len":8465,"sum_len":896} {"bill_id":"104_s607","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Superfund Recycling Equity Act of \n1995''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to promote the reuse and recycling of scrap material, \n in furtherance of the goals of waste minimization and natural \n resource conservation, while protecting human health and the \n environment;\n (2) to level the playing field between the use of virgin \n materials and recycled materials; and\n (3) to remove the disincentives and impediments to \n recycling created by potential liability under the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9601 et seq.).\n\nSEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING \n TRANSACTIONS.\n\n Title I of the Comprehensive Environmental Response, Compensation, \nand Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding \nat the end the following:\n\n``SEC. 127. RECYCLING TRANSACTIONS.\n\n ``(a) Definitions.--In this section:\n ``(1) Consuming facility.--The term `consuming facility' \n means a facility where recyclable material is handled, \n processed, reclaimed, or otherwise managed by a person other \n than a person who arranges for the recycling of the recyclable \n material.\n ``(2) Recyclable material.--\n ``(A) In general.--Subject to subparagraph (B), the \n term `recyclable material' means scrap paper, scrap \n plastic, scrap glass, scrap textiles, scrap rubber \n (other than whole tires), scrap metal, or spent lead-\n acid, spent nickel-cadmium, or other spent batteries, \n as well as minor quantities of material incident to or \n adhering to the scrap or spent material as a result of \n the normal and customary use of the material prior to \n the material becoming scrap or spent material.\n ``(B) PCBs.--The term `recyclable material' does \n not include a material that contains polychlorinated \n biphenyls in excess of--\n ``(i) 50 parts per million; or\n ``(ii) any standard promulgated under \n Federal law after the date of enactment of this \n section.\n ``(3) Scrap metal.--The term `scrap metal' means 1 or more \n bits or pieces of metal parts (such as a bar, turning, rod, \n sheet, or wire), or 1 or more metal pieces that may be combined \n together with bolts or soldering (such as a radiator, scrap \n automobile, or railroad box car), that, when worn or \n superfluous, can be recycled, except for--\n ``(A) a material that the Administrator excludes \n from the definition of scrap metal by regulation; and\n ``(B) a steel shipping container with a capacity of \n not less than 30 and not more than 3,000 liters, \n whether intact or not, that has any hazardous substance \n (but not metal bits or pieces) contained in or adhering \n to the container.\n ``(b) Limitation on Liability.--\n ``(1) In general.--Subject to subsection (c), a person who \n arranges for the recycling of recyclable material shall not be \n liable under paragraph (3) or (4) of section 107(a).\n ``(2) Transactions deemed to be recycling of a recyclable \n material.--For purposes of this section, a transaction \n involving a recyclable material is considered to be arranging \n for recycling of recyclable material if the person arranging \n for the transaction can demonstrate, by a preponderance of the \n evidence, that, at the time of the transaction--\n ``(A) the recyclable material met a commercial \n specification grade;\n ``(B) a market existed for the recyclable material;\n ``(C) a substantial portion of the recyclable \n material was made available for use as a feedstock for \n the manufacture of a new salable product;\n ``(D) the recyclable material could have been a \n replacement or substitute for a virgin raw material, or \n the product to be made from the recyclable material \n could have been a replacement or substitute for a \n product made, in whole or in part, from a virgin raw \n material;\n ``(E) in the case of a transaction occurring not \n later than 90 days after the date of enactment of this \n section, the person exercises reasonable care to \n determine that the consuming facility was in compliance \n with any substantive (and not procedural or \n administrative) provision of Federal, State, or local \n environmental law or regulation, and any compliance \n order or decree issued pursuant to the law or \n regulation, applicable to the handling, processing, \n reclamation, storage, or other management activity \n associated with the recyclable material;\n ``(F) in the case of a transaction involving scrap \n metal--\n ``(i) in the case of a transaction \n occurring after the effective date of the \n issuance of a regulation or standard regarding \n the storage, transport, management, or other \n activity associated with the recycling of scrap \n metal that the Administrator promulgates under \n the Solid Waste Disposal Act (42 U.S.C. 6901 et \n seq.) subsequent to the date of enactment of \n this section, the person acted in compliance \n with the regulation or standard; and\n ``(ii) the person did not melt the scrap \n metal prior to the transaction; and\n ``(G) in the case of a transaction involving a \n battery--\n ``(i) the person did not recover the \n valuable components of the battery;\n ``(ii) in the case of a transaction \n involving a lead-acid battery, the person acted \n in compliance with any applicable Federal \n environmental regulation or standard regarding \n the storage, transport, management, or other \n activity associated with the recycling of a \n spent lead-acid battery;\n ``(iii) in the case of a transaction \n involving a nickel-cadmium battery--\n ``(I) a Federal environmental \n regulation or standard is in effect \n regarding the storage, transport, \n management, or other activity \n associated with the recycling of a \n spent nickel-cadmium battery; and\n ``(II) the person acted in \n compliance with the regulation or \n standard; and\n ``(iv) with respect to a transaction \n involving a spent battery other than a lead-\n acid or nickel-cadmium battery--\n ``(I) a Federal environmental \n regulation or standard is in effect \n regarding the storage, transport, \n management, or other activity \n associated with the recycling of the \n spent battery; and\n ``(II) the person acted in \n compliance with the regulation or \n standard.\n ``(3) Sweating.--For purposes of paragraph (2)(F)(ii), \n melting of scrap metal does not include the thermal separation \n of 2 or more materials due to differences in the melting points \n of the materials.\n ``(4) Processing of battery by third person.--For purposes \n of paragraph (2)(G)(i), a person who, by contract, arranges or \n pays for processing of a battery by an unrelated third person, \n and receives from the third person materials reclaimed from the \n battery, shall be considered not to have recovered the valuable \n components of the battery.\n ``(5) Reasonable care.--For purposes of paragraph (2)(E), \n reasonable care shall be determined using criteria that \n include--\n ``(A) the price paid to or received by the person \n in the recycling transaction;\n ``(B) the ability of the person to detect the \n nature of the operations of the consuming facility \n concerning the handling, processing, reclamation, or \n other management activities associated with the \n recyclable material; and\n ``(C) the result of any inquiry made to an \n appropriate Federal, State, or local environmental \n agency regarding the past and current compliance of the \n consuming facility with substantive (and not procedural \n or administrative) provisions of Federal, State, and \n local environmental laws and regulations, and any \n compliance order or decree issued pursuant to the laws \nand regulations, applicable to the handling, processing, reclamation, \nstorage, or other management activity associated with the recyclable \nmaterial.\n ``(c) Exclusion From Limitation on Liability.--\n ``(1) In general.--Subsection (b) shall not apply if the \n person arranging for recycling of a recyclable material--\n ``(A) had an objectively reasonable basis to \n believe at the time of the recycling transaction that--\n ``(i) the recyclable material would not be \n recycled;\n ``(ii) the recyclable material would be \n burned as fuel, or for energy recovery or \n incineration; or\n ``(iii) in the case of a transaction \n occurring not later than 90 days after the date \n of the enactment of this section, the consuming \n facility acting not in compliance with a \n substantive (and not a procedural or \n administrative) provision of any Federal, \n State, or local environmental law or \n regulation, or a compliance order or decree \n issued pursuant to the law or regulation, \n applicable to the handling, processing, \n reclamation, or other management activity \n associated with the recyclable material;\n ``(B) added a hazardous substance to the recyclable \n material for purposes other than processing for \n recycling; or\n ``(C) failed to exercise reasonable care with \n respect to the management or handling of the recyclable \n material.\n ``(2) Reasonable basis for belief.--For purposes of \n paragraph (1)(A), an objectively reasonable basis for belief \n shall be determined using criteria that include--\n ``(A) the size of any business owned by the person;\n ``(B) the customary industry practices for any \n business owned by the person;\n ``(C) the price paid to or received by the person \n in the recycling transaction;\n ``(D) the ability of the person to detect the \n nature of the operations of the consuming facility \n concerning the handling, processing, reclamation, or \n other management activities associated with the \n recyclable material.\n ``(c) Permit Requirement.--For the purposes of this section, a \nrequirement to obtain a permit applicable to the handling, processing, \nreclamation, or other management activity associated with a recyclable \nmaterial shall be considered to be a substantive provision.\n ``(d) Regulations.--The Administrator may issue regulations to \ncarry out this section.\n ``(e) Liability for Attorney Fees for Certain Actions.--Any person \nwho commences an action for contribution against a person who is \nalleged to be liable under this Act but is found not to be liable as a \nresult of this section shall be liable to the person defending the \naction for all reasonable costs of defending the action, including all \nreasonable attorney and expert witness fees.\n ``(f) Effect on Pending or Concluded Actions.--This section shall \nnot affect a judicial or administrative action concluded prior to the \ndate of enactment of this section, or a pending judicial action \ninitiated by the United States prior to the date of enactment of this \nsection.\n ``(g) Effect on Other Liability.--Nothing in this section affects \nthe liability of a person under paragraph (1) or (2) of section 107(a).\n ``(h) Relationship to Liability Under Other Laws.--Nothing in this \nsection affects--\n ``(1) liability under any other Federal, State, or local \n law, or regulation promulgated pursuant to the law, including \n any requirement promulgated by the Administrator under the \n Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or\n ``(2) the ability of the Administrator to promulgate a \n regulation under any other law, including the Solid Waste \n Disposal Act.''.","summary":"Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of recyclable material any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber , or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material. (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product. (3) the material could have been a replacement for a virgin raw material. (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations. (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction. And (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations. (2) added hazardous substances to the material for purposes other than processing for recycling. Or (3) failed to exercise reasonable care with respect to the management of the material.","title":"Superfund Recycling Equity Act of 1995","text_len":14633,"sum_len":2460} {"bill_id":"105_hr1633","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Education Tax Credit \nAct''.\n\nSEC. 2. CREDIT FOR EDUCATION EXPENSES.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. EDUCATION EXPENSES.\n\n ``(a) General Rule.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this subtitle for the \ntaxable year, the amount of the qualified education expenses paid by \nthe taxpayer during the taxable year for the education of the taxpayer, \nthe taxpayer's spouse, or any individual with respect to whom the \ntaxpayer is allowed a deduction under section 151(c).\n ``(b) Limitation.--\n ``(1) Amount per individual.--The amount allowed as a \n credit under subsection (a) for any taxable year with respect \n to the qualified education expenses of any 1 individual shall \n not exceed $450.\n ``(2) Proration of credit where more than one taxpayer pays \n expenses.--If the qualified education expenses of an individual \n are paid by more than one taxpayer during any calendar year, \n the dollar limitation under paragraph (1) shall be allocated \n among such taxpayers in proportion to their respective shares \n of the qualified education expenses of such individual paid \n during such calendar year by all such taxpayers.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified education expenses.--\n ``(A) In general.--The term `qualified education \n expenses' means amounts paid for--\n ``(i) tuition and fees required for the \n enrollment or attendance of a student at an \n eligible educational institution, and\n ``(ii) fees, books, supplies, and equipment \n required for courses of instruction at an \n eligible educational institution.\n ``(B) Meals and lodging expenses not included.--\n Such term does not include any amount paid, directly or \n indirectly, for meals, lodging, or similar personal, \n living, or family expenses. In the event an amount paid \n for tuition or fees includes an amount for meals, \n lodging, or similar expenses which is not separately \n stated, the portion of such amount which is \n attributable to meals, lodging, or similar expenses \n shall be determined under regulations prescribed by the \n Secretary.\n ``(C) Special rule for home schooling.--In the case \n of education furnished in the home (as a substitute for \n public education) which meets the requirements of State \n law relating to compulsory school attendance, the term \n `qualified education expenses' means amounts paid for \n books, computer software, and other supplies used in \n furnishing such education.\n ``(2) Eligible educational institution.--The term `eligible \n educational institution' means--\n ``(A) an institution of higher education,\n ``(B) a vocational school,\n ``(C) a secondary school, or\n ``(D) an elementary school.\n ``(3) Institution of higher education.--The term \n `institution of higher education' means the institutions \n described in section 1201(a) or 481(a) of the Higher Education \n Act of 1965.\n ``(4) Vocational school.--The term `vocational school' \n means an area vocational education school as defined in section \n 521(3) of the Carl D. Perkins Vocational Education Act.\n ``(5) Elementary and secondary schools.--The terms \n `elementary school' and `secondary school' have the respective \n meanings given such terms by section 14101 of the Elementary \n and Secondary Education Act of 1965.\n ``(d) Special Rules.--\n ``(1) Adjustment for certain scholarships and veterans' \n benefits.--The amounts otherwise taken into account under \n subsection (a) as qualified education expenses of any \n individual during any period shall be reduced (before the \n application of subsection (b)) by the sum of the amounts \n referred to in section 135(d)(1) which are received with \n respect to such individual for the taxable year.\n ``(2) Eligible courses.--Except as provided in subsection \n (c)(1)(C), amounts paid for qualified education expenses of any \n individual shall be taken into account under subsection (a) \n only to the extent such expenses--\n ``(A) are attributable to courses of instruction \n offered by an elementary or secondary school, or\n ``(B) are attributable to courses of instruction \n for which credit is allowed toward a baccalaureate or \n graduate degree by an institution of higher education \n or toward a certificate of required course work at a \n vocational school.\n ``(3) Individual must be at least half-time student.--\n Except as provided in subsection (c)(1)(C), no credit shall be \n allowed under subsection (a) for amounts paid during the \n taxable year for qualified education expenses with respect to \n any individual unless that individual, during any 4 calendar \n months during the calendar year in which the taxable year of \n the taxpayer begins, is at least a half-time student at an \n eligible education institution.\n ``(4) Spouse.--No credit shall be allowed under subsection \n (a) for amounts paid during the taxable year for qualified \n education expenses for the spouse of the taxpayer unless--\n ``(A) the taxpayer is entitled to an exemption for \n his spouse under section 151(b) for the taxable year, \n or\n ``(B) the taxpayer files a joint return with his \n spouse for the taxable year.\n ``(e) Disallowance of Expenses as Deduction.--No deduction shall be \nallowed under section 162 (relating to trade or business expenses) for \nany qualified education expense which (after the application of \nsubsection (b)) is taken into account in determining the amount of any \ncredit allowed under subsection (a). The preceding sentence shall not \napply to the qualified education expenses of any taxpayer who, under \nregulations prescribed by the Secretary, elects not to apply the \nprovisions of this section with respect to such expenses for the \ntaxable year.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the provisions of this section.''\n (b) Technical Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``or \n from section 35 of such Code''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the last item and inserting the following new items:\n\n ``Sec. 35. Education expenses.\n ``Sec. 36. Overpayments of tax.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish an annual tax credit for qualified educational expenses paid by a taxpayer for the taxpayer, a spouse, or a dependent. Provides for: (1) credit proration in cases of shared expenses, (2) inclusion of certain home schooling expenses. And (3) adjustments for certain scholarships and veterans' benefits. Defines eligible educational institution as an institution of higher education, or a vocational, secondary, or elementary school.","title":"Children's Education Tax Credit Act","text_len":7914,"sum_len":515} {"bill_id":"108_s2156","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community College Teacher \nPreparation Enhancement Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Well qualified teachers and paraprofessionals are \n critical to the success of the Nation's students.\n (2) In order to meet the changing demands of their jobs and \n the Federal requirements under the No Child Left Behind Act of \n 2001 (Public Law 107-110), teachers and prospective teachers \n must have access to high-quality teacher training.\n (3) The 1,200 community colleges across the United States \n play an important role in training teachers, offering \n professional development, and continuing education.\n (4) Community colleges enroll more than 6,000,000 credit \n students or 44 percent of all undergraduates in the United \n States.\n (5) At least 25 percent of undergraduates receiving a \n teaching degree began their postsecondary education at a \n community college.\n (6) Due to teacher attrition, teacher retirement, and a \n growing student population, the Nation will require an \n additional 2,400,000 teachers over the next decade.\n (7) If left unchanged, the production rate of teachers is \n 200,000 short of meeting the expected future demand.\n (8) In subjects such as mathematics, science, special \n education, and bilingual education, the Nation risks a severe \n teacher shortfall.\n (9) Community colleges offer accessibility and a link to \n education opportunities present at 4-year institutions of \n higher education.\n (10) There is no systematic infrastructure or resources in \n place to advance more students from community colleges to 4-\n year institutions of higher education and into the teaching \n profession.\n (11) Many 4-year institutions of higher education and \n community colleges have engaged in collaborative agreements for \n teacher training.\n (12) To meet the Nation's needs for highly qualified \n teachers, it is appropriate that the community college role in \n teacher training be enhanced and that cooperation between \n community colleges and 4-year institutions of higher education \n be increased.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are to--\n (1) foster collaboration between 4-year institutions of \n higher education and community colleges to enhance teacher \n preparation as required under the No Child Left Behind Act of \n 2001 (Public Law 107-110);\n (2) enhance the opportunity for community college students \n in teacher training programs to complete a baccalaureate degree \n in kindergarten through grade 12 education;\n (3) promote the development of best practices for \n coordinating teacher training between community colleges and 4-\n year institutions of higher education; and\n (4) expand community college teaching infrastructure to \n provide, among other things, professional development as called \n for under the No Child Left Behind Act of 2001 (Public Law 107-\n 110) to existing teachers.\n\nSEC. 4. TEACHER TRAINING ENHANCEMENT.\n\n Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et \nseq.) is amended by adding at the end the following:\n\n ``PART C--TEACHER TRAINING ENHANCEMENT\n\n``SEC. 231. DEFINITIONS.\n\n ``In this part:\n ``(1) 4-year institution of higher education.--The term `4-\n year institution of higher education' means an institution of \n higher education, as defined in section 101(a), whose highest \n undergraduate degree offered is predominantly the baccalaureate \n degree.\n ``(2) Community college.--The term `community college' has \n the meaning given the term `junior or community college' in \n section 312(f).\n ``(3) Eligible entity.--\n ``(A) In general.--The term `eligible entity' \n means--\n ``(i) a statewide governing or coordinating \n board with jurisdiction over community colleges \n and 4-year institutions of higher education;\n ``(ii) a partnership between a statewide \n governing or coordinating board with \n jurisdiction over community colleges and a \n statewide governing or coordinating board with \n jurisdiction over 4-year institutions of higher \n education;\n ``(iii) a partnership between 1 or more \n community colleges and 1 or more 4-year \n institutions of higher education; or\n ``(iv) a community college offering a \n teacher preparation program that provides all, \n or a significant portion of, teacher training, \n postbaccalaureate certification, and \n professional development.\n ``(B) Inclusions.--The term `eligible entity' under \n clauses (i) and (ii) of subparagraph (A) may include \n other institutions with responsibility for teacher \n preparation or teacher standards.\n ``(4) Highly qualified.--The term `highly qualified' has \n the meaning given the term in section 9101 of the Elementary \n and Secondary Education Act of 1965.\n ``(5) Professional development.--The term `professional \n development' has the meaning given the term in section 9101 of \n the Elementary and Secondary Education Act of 1965.\n\n``SEC. 232. GRANT PROGRAM.\n\n ``The Secretary is authorized to award grants to eligible entities \nto enable such entities to pay the Federal share of the costs of \ncarrying out teacher training or preparation programs.\n\n``SEC. 233. APPLICATION.\n\n ``An eligible entity that desires to receive a grant under this \npart shall submit to the Secretary an application at such time, in such \nmanner, and containing such information or assurances as the Secretary \nmay require.\n\n``SEC. 234. AWARDING OF GRANTS.\n\n ``(a) Priority.--In awarding grants under this part, the Secretary \nshall give priority to eligible entities that propose any of the \nfollowing:\n ``(1) Grant funds will be used to provide for teacher \n preparation in geographic areas with shortages of highly \n qualified teachers.\n ``(2) Grant funds will be used to prepare teachers in \n kindergarten through grade 12 subject content areas that have a \n shortage of highly qualified teachers.\n ``(3) Grant funds will be used to carry out innovative \n programs to address teacher training or teacher preparation.\n ``(4) Grant funds will be used to conduct outreach into \n secondary schools.\n ``(5) Grant funds will be used to carry out a plan to \n disseminate information.\n ``(b) Geographic Diversity.--The Secretary shall ensure that grants \nare awarded in a geographically diverse manner.\n ``(c) Duration.--Grants awarded under this part shall be for 5 \nyears in duration.\n\n``SEC. 235. USES OF FUNDS.\n\n ``(a) Mandatory Use.--An eligible entity that receives a grant \nunder this section shall use the grant funds to carry out not less than \n1 of the following:\n ``(1) Enhancing the collaboration of teacher training \n between community colleges and 4-year institutions of higher \n education.\n ``(2) The development of programs that provide \n opportunities for community college students to complete a \n baccalaureate degree in kindergarten through grade 12 \n education.\n ``(3) The establishment of partnerships in teacher training \n between community colleges and 4-year institutions of higher \n education.\n ``(4) The establishment of programs at community colleges \n that prepare students to enter teacher preparation programs at \n 4-year institutions of higher education.\n ``(5) Developing programs to provide pathways for secondary \n school students to pursue careers in teaching.\n ``(6) Establishing postbaccalaureate teacher certification \n programs.\n ``(b) Permissive Use of Funds.--An eligible entity that receives a \ngrant under this section may use the grant funds to carry out any of \nthe following:\n ``(1) The creation of kindergarten through grade 12 teacher \n education programs and teacher aid programs to meet \n requirements under the Elementary and Secondary Education Act \n of 1965.\n ``(2) The coordination of teacher and paraprofessional \n curricula for use at community colleges and 4-year institutions \n of higher education.\n ``(3) The establishment of curricula and programs for \n professional development for teachers.\n\n``SEC. 236. REPORT AND EVALUATION.\n\n ``(a) Annual Report.--An eligible entity that receives a grant \nunder this section shall submit an annual report to the Secretary on--\n ``(1) the progress made toward the goals of the grant;\n ``(2) the activities supported by the grant;\n ``(3) the number of students served;\n ``(4) when applicable, the ability to place students \n graduating from schools supported by a grant under this part; \n and\n ``(5) when applicable, the number of students graduating \n from schools supported by a grant under this part who meet the \n requirements for highly qualified teachers under the Elementary \n and Secondary Education Act of 1965.\n ``(b) Evaluation.--The Secretary shall review and evaluate the \nreports submitted under subsection (a).\n\n``SEC. 237. MATCHING REQUIREMENT.\n\n ``(a) In General.--The Federal share of the costs of carrying out a \nteacher training or preparation program shall be--\n ``(1) 65 percent for the first year of the grant;\n ``(2) 60 percent for the second year of the grant;\n ``(3) 55 percent for the third year of the grant;\n ``(4) 50 percent for the fourth year of the grant; and\n ``(5) 45 percent for the fifth year of the grant.\n ``(b) In Cash or In-Kind.--The non-Federal share of the costs of \ncarrying out a teacher training or preparation program may be provided \nin cash or in the form of in-kind contributions.\n\n``SEC. 238. REPORT BY THE SECRETARY.\n\n ``The Secretary shall review and submit an annual report to \nCongress on the activities supported under this part and the impact of \nthis part with respect to--\n ``(1) producing highly qualified teachers and teachers \n aids;\n ``(2) helping address teacher shortages, particularly in \n rural and urban areas; and\n ``(3) enhancing the diversity of the Nation's teaching \n force.\n\n``SEC. 239. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this part \n$25,000,000 for fiscal year 2005 and such sums as may be necessary for \neach of the 5 succeeding fiscal years.''.","summary":"Community College Teacher Preparation Enhancement Act of 2004 - Amends the Higher Education Act of 1965 to establish a teacher training enhancement program. Authorizes the Secretary of Education to award matching grants to eligible entities for teacher training or preparation. Includes among eligible entities: (1) statewide boards with jurisdiction over community colleges and four-year institutions of higher education (IHEs). (2) partnerships between statewide boards with jurisdiction over community colleges and statewide boards with jurisdiction over four-year IHEs, (3) partnerships between community colleges and four-year IHEs. Or (4) community colleges offering teacher preparation programs that provide all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. Gives priority to proposals for using grants for: (1) teacher preparation in geographic areas with shortages of highly qualified teachers. (2) preparing teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers, (3) innovative programs to address teacher training or teacher preparation, (4) outreach into secondary schools. Or (5) plans to disseminate information. Requires grantees to use grant funds for at least one of specified mandatory uses. Sets forth permissive uses of grants.","title":"A bill to amend title II of the Higher Education Act of 1965 to enhance teacher training programs, and for other purposes.","text_len":11566,"sum_len":1372} {"bill_id":"113_s1049","text":"SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS.\n\n (a) In General.--The Secretary shall develop and implement a \nprocess to expedite access to Federal lands under the administrative \njurisdiction of the Secretary for eligible organizations and eligible \nindividuals to request access to Federal lands to conduct good \nSamaritan search-and-recovery missions. The process developed and \nimplemented pursuant to this subsection shall include provisions that \nclarify that--\n (1) an eligible organization or eligible individual granted \n access under this section shall be acting for private purposes \n and shall not be considered a Federal volunteer;\n (2) an eligible organization or eligible individual \n conducting a good Samaritan search-and-recovery mission under \n this section shall not be considered a volunteer under section \n 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i);\n (3) the Federal Torts Claim Act shall not apply to an \n eligible organization or eligible individual carrying out a \n privately requested good Samaritan search-and-recovery mission \n under this section; and\n (4) the Federal Employee Compensation Act shall not apply \n to an eligible organization or eligible individual conducting \n good Samaritan search-and-recovery mission under this section \n and such activities shall not constitute civilian employment.\n (b) Release of the Federal Government From Liability.--The \nSecretary shall not require an eligible organization or an eligible \nindividual to have liability insurance as a condition of accessing \nFederal lands under this section if the eligible organization or \neligible individual--\n (1) acknowledges and consents, in writing, to the \n provisions listed in paragraphs (1) through (4) of subsection \n (a); and\n (2) signs a waiver releasing the Federal Government from \n all liability related to the access granted under this section.\n (c) Approval and Denial of Requests.--\n (1) In general.--The Secretary shall notify an eligible \n organization and eligible individual of the approval or denial \n of a request by that eligible organization and eligible \n individual to carry out a good Samaritan search-and-recovery \n mission under this section not more than 48 hours after the \n request is made.\n (2) Denials.--If the Secretary denies a request from an \n eligible organization or eligible individual to carry out a \n good Samaritan search-and-recovery mission under this section, \n the Secretary shall notify the eligible organization or \n eligible individual of--\n (A) the reason for the denial request; and\n (B) any actions that eligible organization or \n eligible individual can take to meet the requirements \n for the request to be approved.\n (d) Partnerships.--The Secretary shall develop search-and-recovery \nfocused partnerships with search-and-recovery organizations to--\n (1) coordinate good Samaritan search-and-recovery missions \n on Federal lands under the administrative jurisdiction of the \n Secretary; and\n (2) expedite and accelerate good Samaritan search-and-\n recovery mission efforts for missing individuals on Federal \n lands under the administrative jurisdiction of the Secretary.\n (e) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary shall submit a joint report to \nCongress describing--\n (1) plans to develop partnerships described in subsection \n (c)(1); and\n (2) efforts being taken to expedite and accelerate good \n Samaritan search-and-recovery mission efforts for missing \n individuals on Federal lands under the administrative \n jurisdiction of the Secretary pursuant to subsection (b)(2).\n (f) Definitions.--For the purposes of this section, the following \ndefinitions apply:\n (1) Eligible organization and eligible individual.--The \n terms ``eligible organization'' and ``eligible individual'' \n means an organization or individual, respectively, that--\n (A) is acting in a not-for-profit capacity; and\n (B) is certificated in training that meets or \n exceeds standards established by the American Society \n for Testing and Materials.\n (2) Good samaritan search-and-recovery mission.--The term \n ``good Samaritan search-and-recovery mission'' means a search \n for one or more missing individuals believed to be deceased at \n the time that the search is initiated.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior or the Secretary of Agriculture, as \n appropriate.","summary":"Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands.","title":"A bill to direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes.","text_len":5014,"sum_len":687} {"bill_id":"103_hr2376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Little Traverse Bay Bands of Odawa \nIndians and the Little River Band of Ottawa Indians Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Little Traverse Bay Bands of Odawa Indians and the \n Little River Band of Ottawa Indians are descendants of, and \n political successors to, signatories of the 1836 Treaty of \n Washington and the 1855 Treaty of Detroit.\n (2) The Grand Traverse Band of Ottawa and Chippewa Indians, \n the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay \n Mills Band of Chippewa Indians, whose members are also \n descendants of the signatories to the 1836 Treaty of Washington \n and the 1855 Treaty of Detroit, have been recognized by the \n Federal Government as distinct Indian tribes.\n (3) The Little Traverse Bay Bands of Odawa Indians consists \n of at least 1,000 eligible members who continue to reside close \n to their ancestral homeland as recognized in the Little \n Traverse Reservation in the 1836 Treaty of Washington and 1855 \n Treaty of Detroit, which area is now known as Emmet and \n Charlevoix Counties, Michigan.\n (4) The Little River Band of Ottawa Indians consists of at \n least 500 eligible members who continue to reside close to \n their ancestral homeland as recognized in the Manistee \n Reservation in the 1836 Treaty of Washington and reservation in \n the 1855 Treaty of Detroit, which area is now known as Manistee \n and Mason Counties, Michigan.\n (5) The Bands filed for reorganization of their existing \n tribal governments in 1935 under the Act of June 18, 1934 (25 \n U.S.C. et seq.; commonly referred to as the ``Indian \n Reorganization Act''). Federal agents who visited the Bands, \n including Commissioner of Indian Affairs, John Collier, \n attested to the continued social and political existence of the \n Bands and concluded that the Bands were eligible for \n reorganization. Due to a lack of Federal appropriations to \n implement the provisions of such Act, the Bands were denied the \n opportunity to reorganize.\n (6) In spite of such denial, the Bands continued their \n political and social existence with viable tribal governments. \n The Bands, along with other Michigan Odawa\/Ottawa groups, \n including the tribes described in paragraph (2), formed the \n Northern Michigan Ottawa Association in 1948. The Association \n subsequently pursued a successful land claim with the Indian \n Claims Commission.\n (7) Between 1948 and 1975, the Bands carried out many of \n their governmental functions through the Northern Michigan \n Ottawa Association, while retaining individual Band control \n over local decisions.\n (8) In 1975, the Northern Michigan Ottawa Association \n petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et \n seq.; commonly referred to as the ``Indian Reorganization \n Act''), to form a government on behalf of the Bands. Again in \n spite of the Bands' eligibility, the Bureau of Indian Affairs \n failed to act on their request.\n (9) The United States Government, the government of the \n State of Michigan, and local governments have had continuous \n dealings with the recognized political leaders of the Bands \n from 1836 to the present.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Bands'' means the Little Traverse Bay Bands \n of Odawa Indians and the Little River Band of Ottawa Indians;\n (2) the term ``member'' means those individuals enrolled in \n the Bands pursuant to section 7; and\n (3) the term ``Secretary'' means the Secretary of the \n Interior.\n\nSEC. 4. FEDERAL RECOGNITION.\n\n (a) Federal Recognition.--Federal recognition of the Little \nTraverse Bay Bands of Odawa Indians and the Little River Band of Ottawa \nIndians is hereby reaffirmed. All laws and regulations of the United \nStates of general application to Indians or nations, tribes, or bands \nof Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; \ncommonly referred to as the ``Indian Reorganization Act''), which are \nnot inconsistent with any specific provision of this Act shall be \napplicable to the Bands and their members.\n (b) Federal Services and Benefits.--\n (1) In general.--The Bands and their members shall be \n eligible for all services and benefits provided by the Federal \n Government to Indians because of their status as federally \n recognized Indians, and notwithstanding any other provision of \n law, such services and benefits shall be provided after the \n date of the enactment of this Act to the Bands and their \n members without regard to the existence of a reservation or the \n location of the residence of any member on or near any Indian \n reservation.\n (2) Service areas.--\n (A) Little traverse bay bands.--For purposes of the \n delivery of Federal services to the enrolled members of \n the Little Traverse Bay Bands of Odawa Indians, the \n area of the State of Michigan within 70 miles of the \n boundaries of the reservations for the Little Traverse \n Bay Bands as set out in Article I, paragraphs `third' \n and `fourth' of the Treaty of 1855, 11 Stat. 621, shall \n be deemed to be within or near a reservation, \n notwithstanding the establishment of a reservation for \n the tribe after the date of the enactment of this Act. \n Services may be provided to members outside the named \n service area unless prohibited by law or program \n regulations.\n (B) Little river band.--For purposes of the \n delivery of Federal services to enrolled members of the \n Little River Band of Ottawa Indians, the Counties of \n Manistee, Mason, Wexford and Lake, in the State of \n Michigan, shall be deemed to be within or near a \n reservation, notwithstanding the establishment of a \n reservation for the tribe after the date of the \n enactment of this Act. Services may be provided to \n members outside the named Counties unless prohibited by \n law or program regulations.\n\nSEC. 5. REAFFIRMATION OF RIGHTS.\n\n (a) In General.--All rights and privileges of the Bands, and their \nmembers thereof, which may have been abrogated or diminished before the \ndate of the enactment of this Act are hereby reaffirmed.\n (b) Existing Rights of Tribe.--Nothing in this Act shall be \nconstrued to diminish any right or privilege of the Bands, or of their \nmembers, that existed prior to the date of enactment of this Act. \nExcept as otherwise specifically provided in any other provision of \nthis Act, nothing in this Act shall be construed as altering or \naffecting any legal or equitable claim the Bands might have to enforce \nany right or privilege reserved by or granted to the Bands which were \nwrongfully denied to or taken from the Bands prior to the enactment of \nthis Act.\n\nSEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.\n\n (a) Little Traverse Bay Bands.--The Secretary shall acquire real \nproperty in Emmet and Charlevoix Counties for the benefit of the Little \nTraversee Bay Bands. The Secretary shall also accept any real property \nlocated in those Counties for the benefit of the Little Traverse Bay \nBands if conveyed or otherwise transferred to the Secretary, if at the \ntime of such acceptance, there are no adverse legal claims on such \nproperty including outstanding liens, mortgages or taxes owed.\n (b) Little River Band.--The Secretary shall acquire real property \nin Manistee and Mason Counties for the benefit of the Little River \nBand. The Secretary shall also accept any real property located in \nthose Counties for the benefit of the Little River Band if conveyed or \notherwise transferred to the Secretary, if at the time of such \nacceptance, there are no adverse legal claims on such property \nincluding outstanding liens, mortgages or taxes owed.\n (c) Additional Lands.--The Secretary may accept any additional \nacreage in each of the Bands' service area specified by section 4(b) of \nthis Act pursuant to his authority under the Act of June 18, 1934 (25 \nU.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization \nAct'').\n (d) Reservation.--Subject to the conditions imposed by this \nsection, the land acquired by or transferred to the Secretary under or \npursuant to this section shall be taken in the name of the United \nStates in trust for the Bands and shall be a part of the respective \nBands' reservation.\n\nSEC. 7. MEMBERSHIP.\n\n Not later than 18 months after the date of the enactment of this \nAct, the Bands shall submit to the Secretary membership rolls \nconsisting of all individuals currently enrolled for membership in such \nBands. The qualifications for inclusion on the membership rolls of the \nBands shall be determined by the membership clauses in such Bands' \nrespective governing documents, in consultation with the Secretary. \nUpon completion of the rolls, the Secretary shall immediately publish \nnotice of such in the Federal Register. The Bands shall ensure that \nsuch rolls are maintained and kept current.\n\nSEC. 8. CONSTITUTION AND GOVERNING BODY.\n\n (a) Constitution.--\n (1) Adoption.--Not later than 24 months after the date of \n the enactment of this Act, the Secretary shall conduct, by \n secret ballot, elections for the purposes of adopting new \n constitutions for the Bands. The elections shall be held \n according to the procedures applicable to elections under \n section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly \n referred to as the ``Indian Reorganization Act'').\n (2) Interim governing documents.--Until such time as new \n constitutions are adopted under paragraph (1), the governing \n documents in effect on the date of the enactment of this Act \n shall be the interim governing documents for the Bands.\n (b) Officials.--\n (1) Election.--Not later than 6 months after the Bands \n adopt constitutions and bylaws pursuant to subsection (a), the \n Bands shall conduct elections by secret ballot for the purpose \n of electing officials for the Bands as provided in the Bands' \n respective governing constitutions. The elections shall be \n conducted according to the procedures described in the Bands' \n constitutions and bylaws.\n (2) Interim governments.--Until such time as the Bands \n elect new officials pursuant to paragraph (1), the Bands' \n governing bodies shall be those governing bodies in place on \n the date of the enactment of this Act, or any new governing \n bodies selected under the election procedures specified in the \n respective interim governing documents of the Bands.","summary":"Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.","title":"Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act","text_len":11461,"sum_len":541} {"bill_id":"111_s170","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coastal and Estuarine Land \nProtection Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Coastal and estuarine areas provide important nursery \n habitat for two-thirds of the United States commercial fish and \n shellfish, provide nesting and foraging habitat for coastal \n birds, harbor significant natural plant communities, and serve \n to facilitate coastal flood control and pollutant filtration.\n (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 \n et seq.) recognizes the national importance of these areas and \n their ecological vulnerability to anthropogenic activities by \n establishing a comprehensive Federal and State partnership for \n protecting natural reserves and managing growth in these areas.\n (3) The National Estuarine Research Reserve system \n established under that Act relies on the protection of pristine \n designated areas for long-term protection and for the conduct \n of education and research critical to the protection and \n conservation of coastal and estuarine resources.\n (4) Intense development pressures within the coastal \n watershed are driving the need to provide coastal managers with \n a wider range of tools to protect and conserve important \n coastal and estuarine areas.\n (5) Protection of undeveloped coastal lands through the \n acquisition of interests in property from a willing seller are \n a cost-effective means of providing these areas with permanent \n protection from development.\n (6) Permanent protection of lands in the coastal zone is a \n necessary component of any program to maintain and enhance \n coastal and estuarine areas for the benefit of the United \n States, including protection of water quality, access to public \n beachfront, conserving wildlife habitat, and sustaining sport \n and commercial fisheries.\n (7) Federal, State, and nongovernmental organization pilot \n land acquisition projects have already substantially \n contributed to the long-term health and viability of coastal \n and estuarine systems.\n (8) Enhanced protection of estuarine and coastal areas can \n be attained through watershed-based acquisition strategies \n coordinated through Federal, State, regional, and local \n efforts.\n (9) Conserving coastal and estuarine lands can support the \n traditional economic and natural resource bases of communities \n in the coastal watershed, including well-managed forests that \n demonstrate outstanding ecological, recreational, historical, \n and aesthetic attributes.\n\nSEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.\n\n (a) In General.--\n (1) Establishment.--The Secretary of Commerce shall \n establish a Coastal and Estuarine Land Protection Program \n (hereinafter referred to as the ``program''), in cooperation \n with appropriate State, regional, and other units of Government \n for the purposes of protecting the environmental integrity of \n important coastal and estuarine areas, including wetlands and \n forests, that have significant conservation, recreation, \n ecological, historical, aesthetic, or watershed protection \n values, and that are threatened by conversion from their \n natural, undeveloped, or recreational state to other uses.\n (2) Administration.--The program shall be administered by \n the National Ocean Service of the National Oceanic and \n Atmospheric Administration through the head of the Office of \n Ocean and Coastal Resource Management.\n (b) Property Acquisition Grants.--The Secretary shall make grants \nunder the program to coastal States with approved coastal zone \nmanagement plans or National Estuarine Research Reserve units for the \npurpose of acquiring property or interests in property described in \nsubsection (a) that will further the goals of--\n (1) a Coastal Zone Management Plan or Program approved \n under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 \n et seq.);\n (2) a National Estuarine Research Reserve management plan; \n or\n (3) a regional or State watershed protection plan involving \n coastal States with approved coastal zone management plans.\n (c) Grant Process.--The Secretary shall allocate grants authorized \nunder subsection (b) to coastal States or National Estuarine Research \nReserves through a competitive grant process in accordance with the \nfollowing requirements:\n (1) The Secretary shall consult with the State's coastal \n zone management program, any National Estuarine Research \n Reserve in that State, and the lead agency designated by the \n Governor for coordinating the implementation of this Act (if \n different from the coastal zone management program).\n (2) Each participating State, after consultation with \n nongovernmental and local governmental entities, shall identify \n priority conservation needs within the State, the values to be \n protected by inclusion of lands in the program, and the threats \n to those values that should be avoided.\n (3) Each participating State shall evaluate how the \n acquisition of property or easements might impact working \n waterfront needs.\n (4) The applicant shall identify the values to be protected \n by inclusion of the lands in the program, management activities \n that are planned and the manner in which they may affect the \n values identified, and any other information from the landowner \n relevant to administration and management of the land.\n (5) Awards shall be based on demonstrated need for \n protection and ability to successfully leverage funds among \n participating entities, including Federal programs, regional \n organizations, State and other governmental units, landowners, \n corporations, or private organizations.\n (6) The governor of the State, or the lead agency \n designated by the governor for coordinating the implementation \n of this Act, shall determine that the application is consistent \n with the State's or territory's approved coastal zone plan, \n program, and policies prior to submittal to the Secretary.\n (7) Priority shall be given to lands described in \n subsection (a) that can be effectively managed and protected \n and that have significant ecological or watershed protection \n value.\n (8) In developing guidelines under this section, the \n Secretary shall consult with other Federal agencies and non-\n governmental entities with expertise in land acquisition and \n conservation procedures.\n (9) Eligible States or National Estuarine Research Reserves \n may allocate grants to local governments or agencies eligible \n for assistance under section 306A(e) of the Coastal Zone \n Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire \n lands in cooperation with nongovernmental entities and Federal \n agencies.\n (10) The Secretary shall develop measures that will ensure \n that property or interests in property acquired in whole or in \n part through the use of funds under the program are acquired \n only from willing sellers.\n (11) The Secretary shall develop performance measures that \n the Secretary shall use to evaluate and report on the program's \n effectiveness in accomplishing its purposes, and shall submit \n such evaluations to Congress not less often than once every 3 \n years.\n (d) Matching Requirements.--\n (1) In general.--The Secretary may not make a grant of \n Federal funds under the program unless such Federal funds are \n matched by non-Federal funds in accordance with this \n subsection.\n (2) Maximum federal share.--\n (A) 75 percent federal funds.--Subject to \n subparagraph (B), not more than 75 percent of the \n funding for any project funded with a grant made under \n the program shall be derived from Federal sources.\n (B) Waiver of requirement.--The Secretary may grant \n a waiver of the limitation in subparagraph (A) for \n underserved communities, communities that have an \n inability to draw on other sources of funding because \n of the small population or low income of the community, \n or for other reasons the Secretary deems appropriate.\n (3) Other federal funds.--If a grant awarded under the \n program represents only a portion of the total cost of a \n project, funding from other Federal sources may be applied to \n the cost of the project. Each portion shall be subject to match \n requirements under the applicable provision of law.\n (4) Source of matching cost share.--For purposes of \n paragraph (2)(A), the non-Federal cost share for a project may \n be determined by taking into account the following:\n (A) The value of land or a conservation easement \n may be used as non-Federal match if the lands are \n identified in project plans and acquired within 3 years \n prior to the submission of the project application or \n after the submission of a project application until the \n project grant is closed (not to exceed 3 years). The \n appraised value of the land at the time of project \n closing will be considered the non-Federal cost share. \n The value of land that is held by a nongovernmental \n organization may be used for such purpose if it is held \n in perpetuity by a qualified conservation organization, \n as determined by the Secretary.\n (B) Costs associated with land acquisition, land \n management planning, remediation, restoration, and \n enhancement may be used as non-Federal match if the \n activities are identified in the plan and expenses are \n incurred within the period of the grant award, or, for \n lands described in (A), within the same time limits \n described therein. These costs may include either cash \n or in-kind contributions.\n (e) Reservation of Funds for National Estuarine Research Reserve \nSites.--No less than 15 percent of funds made available under the \nprogram shall be available for acquisitions benefitting National \nEstuarine Research Reserves.\n (f) Limit on Administrative Costs.--No more than 5 percent of the \nfunds made available to the Secretary under this section shall be used \nby the Secretary for planning or administration of the program. The \nSecretary shall provide a report to Congress with an account of all \nexpenditures under this section for fiscal year 2009 and not less often \nthan once every 3 years thereafter.\n (g) Title and Management of Acquired Property.--If any property is \nacquired in whole or in part with funds made available through a grant \nunder the program, the grant recipient shall provide such assurances as \nthe Secretary may require that--\n (1) the title to the property will be held by the grant \n recipient or another appropriate public agency designated by \n the recipient in perpetuity;\n (2) the property will be managed in a manner that is \n consistent with the purposes for which the land entered into \n the program and shall not convert such property to other uses; \n and\n (3) if the property or interest in land is sold, exchanged, \n or divested, funds equal to the correct value will be returned \n to the Secretary in accordance with applicable Federal law for \n re-distribution in the grant process.\n (h) Definitions.--In this section:\n (1) Coastal state.--The term ``coastal State'' has the \n meaning given that term by section 304(4) of the Coastal Zone \n Management Act of 1972 (16 U.S.C. 1453(4)).\n (2) Conservation easement.--The term ``conservation \n easement'' includes an easement or restriction, recorded deed, \n or a reserve interest deed where the grantee acquires all \n rights, title, and interest in a property, that do not conflict \n with the goals of this Act except those rights, title, and \n interests that may run with the land that are expressly \n reserved by a grantor and are agreed to at the time of \n purchase.\n (3) Interest in property.--The term ``interest in \n property'' includes a conservation easement.\n (4) Other terms.--Any term used in this section that is \n defined in section 304 of the Coastal Zone Management Act of \n 1972 (16 U.S.C. 1453) has the meaning given that term in that \n section.\n (i) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary such sums as may be necessary to carry \nout this Act for fiscal years 2009 through 2013.","summary":"Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, or a regional or state watershed protection plan. Prohibits any more than 75 of the funding for any project funded with a grant made under the program from being derived from federal sources. Reserves 15 of program funds for acquisitions benefitting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient or another public agency designated by the recipient in perpetuity. (2) property will be managed consistent with the purpose of the Program. And (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested.","title":"A bill to authorize the acquisition of interests in undeveloped coastal areas in order better to ensure their protection from development and for other purposes.","text_len":13721,"sum_len":1446} {"bill_id":"112_s940","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax \nLoopholes Act''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Sense of Senate on high gas prices.\n TITLE I--CLOSE BIG OIL TAX LOOPHOLES\n\nSec. 101. Modifications of foreign tax credit rules applicable to major \n integrated oil companies which are dual \n capacity taxpayers.\nSec. 102. Limitation on section 199 deduction attributable to oil, \n natural gas, or primary products thereof.\nSec. 103. Limitation on deduction for intangible drilling and \n development costs.\nSec. 104. Limitation on percentage depletion allowance for oil and gas \n wells.\nSec. 105. Limitation on deduction for tertiary injectants.\n TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS\n\nSec. 201. Repeal of outer Continental Shelf deep water and deep gas \n royalty relief.\n TITLE III--MISCELLANEOUS\n\nSec. 301. Deficit reduction.\nSec. 302. Budgetary effects.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) gas prices have risen significantly largely in response \n to unrest in north Africa and the Middle East, unrest that \n speculators are capitalizing on to increase oil futures prices \n and make huge profits;\n (2) high gas prices are hurting the quality of life of \n people of the United States, cutting into savings, and \n jeopardizing jobs and the economic recovery of the United \n States;\n (3) implementation of the regulatory reforms enacted by \n Congress in the Dodd-Frank Wall Street Reform and Consumer \n Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent \n energy market manipulation and control excessive speculation \n has been delayed and has been threatened with funding \n reductions in the House of Representatives;\n (4) the United States is producing more oil than any time \n in the last 13 years and companies hold abundant inventories of \n oil, but the United States is still importing more than \n 11,000,000 barrels of oil per day and the Energy Information \n Administration projects that full production in all onshore and \n offshore areas would reduce gas prices by only 3 cents per \n gallon by 2030;\n (5) domestic refining capacity now exceeds United States \n demand for refined petroleum products, resulting in increased \n idle refinery capacity;\n (6) oil companies are sitting idly on approximately \n 60,000,000 acres of leased Federal lands and waters containing \n more than 11,000,000,000 barrels of oil and 59,000,000,000,000 \n cubic feet of natural gas;\n (7) the United States possesses less than 2 percent of the \n proven oil reserves of the world, yet consumes an unsustainable \n 25 percent of the oil production of the world;\n (8) the economy of the United States suffers huge net \n losses in jobs and productivity from the growing annual trade \n deficit in energy, due mainly to the outflow of \n $250,000,000,000 or more to pay for foreign oil;\n (9) world oil prices have risen steadily since the slow \n beginning of the global economic recovery and, absent major \n efficiency or conservation improvements or deployment of \n alternative fuels, those oil prices are projected to remain \n well above $100 per barrel or higher as world demand grows as \n China, India and other countries industrialize;\n (10) the oil production policies of cartel of the \n Organization of the Petroleum Exporting Countries (OPEC) are a \n large determinant of the world price of oil, so the economy of \n the United States will be affected by decisions of OPEC as long \n as the United States depends on oil for a significant portion \n of the energy consumption of the United States;\n (11) the major oil companies have accumulated more than \n $1,000,000,000,000 in net profits over the last 10 years and \n collected more than $40,000,000,000 in tax breaks during the \n same period, but have invested negligible amounts of those \n funds into research and development of the production of clean \n and renewable fuels made in the United States, leaving \n consumers with few if any choices at the pump; and\n (12) in the Energy Independence and Security Act of 2007 \n (42 U.S.C. 17001 et seq.), Congress increased fuel economy \n standards for the first time in 30 years and established \n ambitious requirements for domestic biofuels, actions that have \n reduced oil consumption and reduced upward pressure on gas \n prices.\n\nSEC. 3. SENSE OF SENATE ON HIGH GAS PRICES.\n\n It is the sense of the Senate that--\n (1) the President and Administration should be commended \n for recognizing the severity of high gas prices and for taking \n appropriate actions to help reduce gas prices, including \n actions--\n (A) to move forward with expeditious and \n responsible domestic production in the Gulf of Mexico \n and elsewhere;\n (B) to form a Task Force led by the Department of \n Justice to investigate and eliminate oil and gas price \n gouging and market manipulation;\n (C) to establish a national oil savings goal to cut \n imports by 33 percent by 2025;\n (D) to call for 1,000,000 electric vehicles to be \n on the road by 2015;\n (E) to harmonize corporate average fuel standards \n under section 32902 of title 49, United States Code, \n (CAFE) and carbon pollution standards to achieve \n 1,800,000,000 barrels in oil savings from new vehicles \n built before 2017, and working with stakeholders to \n increase those savings from future year vehicles;\n (F) to establish the National Clean Fleets \n Partnership and Green Fleet Initiative to reduce diesel \n and gasoline use in fleets by incorporating electric \n vehicles, alternative fuels like natural gas, and \n efficiency measures; and\n (G) to clarify and expand the use of E-15 fuel for \n new motor vehicles;\n (2) Congress should take additional actions to complement \n the efforts of the President, including enacting provisions--\n (A) to encourage diligent and responsible \n development of domestic oil and gas resources onshore \n and off-shore;\n (B) to eliminate subsidies for major oil and gas \n companies and use the savings to promote research, \n development, and deployment of affordable alternative \n fuels and vehicles;\n (C) to give consumers more choices at the pump and \n incentives for buying vehicles that displace petroleum \n consumption; and\n (D) to direct and fund the Commodity Futures \n Trading Commission and the Federal Trade Commission to \n rapidly implement the energy consumer protection \n requirements of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act (Public Law 111-203; 124 Stat. \n 1376);\n (3) the Organization of the Petroleum Exporting Countries \n (OPEC) should contribute to the stabilization of world oil \n markets and prices and reduce the burden of high gasoline \n prices borne by the consumers in the United States by using \n existing idle oil production capacity to compensate for any \n supply shortages experienced in member countries; and\n (4) the economic, environmental, and national security of \n the United States depend on a sustained effort to drastically \n reduce and eventually eliminate the dependency of the United \n States on oil.\n\n TITLE I--CLOSE BIG OIL TAX LOOPHOLES\n\nSEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR \n INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY \n TAXPAYERS.\n\n (a) In General.--Section 901 of the Internal Revenue Code of 1986 \nis amended by redesignating subsection (n) as subsection (o) and by \ninserting after subsection (m) the following new subsection:\n ``(n) Special Rules Relating to Major Integrated Oil Companies \nWhich Are Dual Capacity Taxpayers.--\n ``(1) General rule.--Notwithstanding any other provision of \n this chapter, any amount paid or accrued by a dual capacity \n taxpayer which is a major integrated oil company (as defined in \n section 167(h)(5)(B)) to a foreign country or possession of the \n United States for any period shall not be considered a tax--\n ``(A) if, for such period, the foreign country or \n possession does not impose a generally applicable \n income tax, or\n ``(B) to the extent such amount exceeds the amount \n (determined in accordance with regulations) which--\n ``(i) is paid by such dual capacity \n taxpayer pursuant to the generally applicable \n income tax imposed by the country or \n possession, or\n ``(ii) would be paid if the generally \n applicable income tax imposed by the country or \n possession were applicable to such dual \n capacity taxpayer.\n Nothing in this paragraph shall be construed to imply the \n proper treatment of any such amount not in excess of the amount \n determined under subparagraph (B).\n ``(2) Dual capacity taxpayer.--For purposes of this \n subsection, the term `dual capacity taxpayer' means, with \n respect to any foreign country or possession of the United \n States, a person who--\n ``(A) is subject to a levy of such country or \n possession, and\n ``(B) receives (or will receive) directly or \n indirectly a specific economic benefit (as determined \n in accordance with regulations) from such country or \n possession.\n ``(3) Generally applicable income tax.--For purposes of \n this subsection--\n ``(A) In general.--The term `generally applicable \n income tax' means an income tax (or a series of income \n taxes) which is generally imposed under the laws of a \n foreign country or possession on income derived from \n the conduct of a trade or business within such country \n or possession.\n ``(B) Exceptions.--Such term shall not include a \n tax unless it has substantial application, by its terms \n and in practice, to--\n ``(i) persons who are not dual capacity \n taxpayers, and\n ``(ii) persons who are citizens or \n residents of the foreign country or \n possession.''.\n (b) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply to taxes paid or accrued in taxable years beginning after \n the date of the enactment of this Act.\n (2) Contrary treaty obligations upheld.--The amendments \n made by this section shall not apply to the extent contrary to \n any treaty obligation of the United States.\n\nSEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, \n NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.\n\n (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new subparagraph:\n ``(E) Special rule for certain oil and gas \n income.--In the case of any taxpayer who is a major \n integrated oil company (as defined in section \n 167(h)(5)(B)) for the taxable year, the term `domestic \n production gross receipts' shall not include gross \n receipts from the production, transportation, or \n distribution of oil, natural gas, or any primary \n product (within the meaning of subsection (d)(9)) \n thereof.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND \n DEVELOPMENT COSTS.\n\n (a) In General.--Section 263(c) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new sentence: ``This \nsubsection shall not apply to amounts paid or incurred by a taxpayer in \nany taxable year in which such taxpayer is a major integrated oil \ncompany (as defined in section 167(h)(5)(B)).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred in taxable years beginning after December \n31, 2011.\n\nSEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS \n WELLS.\n\n (a) In General.--Section 613A of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(f) Application With Respect to Major Integrated Oil Companies.--\nIn the case of any taxable year in which the taxpayer is a major \nintegrated oil company (as defined in section 167(h)(5)(B)), the \nallowance for percentage depletion shall be zero.''.\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.\n\n (a) In General.--Section 193 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(d) Application With Respect to Major Integrated Oil Companies.--\nThis section shall not apply to amounts paid or incurred by a taxpayer \nin any taxable year in which such taxpayer is a major integrated oil \ncompany (as defined in section 167(h)(5)(B)).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred in taxable years beginning after December \n31, 2011.\n\n TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS\n\nSEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS \n ROYALTY RELIEF.\n\n (a) In General.--Sections 344 and 345 of the Energy Policy Act of \n2005 (42 U.S.C. 15904, 15905) are repealed.\n (b) Administration.--The Secretary of the Interior shall not be \nrequired to provide for royalty relief in the lease sale terms \nbeginning with the first lease sale held on or after the date of \nenactment of this Act for which a final notice of sale has not been \npublished.\n\n TITLE III--MISCELLANEOUS\n\nSEC. 301. DEFICIT REDUCTION.\n\n The net amount of any savings realized as a result of the enactment \nof this Act and the amendments made by this Act (after any expenditures \nauthorized by this Act and the amendments made by this Act) shall be \ndeposited in the Treasury and used for Federal budget deficit reduction \nor, if there is no Federal budget deficit, for reducing the Federal \ndebt in such manner as the Secretary of the Treasury considers \nappropriate.\n\nSEC. 302. BUDGETARY EFFECTS.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go-Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Senate Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n ","summary":"Close Big Oil Tax Loopholes Act - Expresses the sense of the Senate that: (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices. (2) Congress should take additional actions to complement the efforts of the President. (3) the Organization of Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices by using existing idle oil production capacity to compensate for any supply shortages. And (4) US economic, environmental, and national security depend on a sustained effort to reduce and eventually eliminate the dependence of the United States on oil. Amends the Internal Revenue Code to deny to oil companies with gross receipts in excess of $1 billion in a taxable year and an average daily worldwide production of crude oil of at least 500,000 barrels a year: (1) a foreign tax credit if such company is a dual capacity taxpayer, as defined by this Act. (2) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof, (3) the tax deduction for intangible drilling and development costs, (4) the percentage depletion allowance for oil and gas wells. And (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to grant royalty relief for natural gas production from deep wells and deep water oil and gas production in the Outer Continental Shelf. Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the public debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.","title":"A bill to reduce the Federal budget deficit by closing big oil tax loopholes, and for other purposes.","text_len":17218,"sum_len":1840} {"bill_id":"115_hr3429","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Repatriate Our Patriots Act''.\n\nSEC. 2. DEFINITION.\n\n In this Act, the term ``special veteran'' means an individual who \nis an alien and is described in section 101(2) of title 38, United \nStates Code, except the term--\n (1) only includes individuals who were discharged or \n released from the Armed Forces under honorable conditions;\n (2) does not include individuals who have been convicted of \n voluntary manslaughter, murder, rape, sexual abuse of a minor, \n or any offense under chapter 113B of title 18, United States \n Code (relating to terrorism); and\n (3) does not include individuals who have been determined \n to be a child abuser or a pedophile.\n\nSEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL.\n\n Notwithstanding any other provision of law, including section 237 \nof the Immigration and Nationality Act (8 U.S.C. 1227), a special \nveteran shall not be removed from the United States.\n\nSEC. 4. NATURALIZATION FOR SPECIAL VETERANS.\n\n (a) In General.--Notwithstanding any other provision of law, a \nspecial veteran shall be naturalized as a citizen of the United States \nupon the filing of the appropriate application, paying the appropriate \nfees, and, except as provided in subsection (b), taking and subscribing \nbefore an officer of the Department of Homeland Security within the \nUnited States to the oath of allegiance required by section 337 of the \nImmigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland \nSecurity shall take steps to ensure that the period in which an \napplication for naturalization under this section is pending does not \nexceed 90 days. The Secretary shall furnish each special veteran \nnaturalized under this section with a certificate of citizenship.\n (b) Special Veterans Abroad.--In the case of a special veteran \nresiding abroad, the application for naturalization may be filed from \nabroad, and the oath of allegiance described in subsection (a) may be \nsubscribed to abroad at United States embassies, consulates, and, as \npracticable, United States military installations overseas pursuant to \nthe procedures available under section 1701(d) of the National Defense \nAuthorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for \nnaturalization proceedings overseas for members of the Armed Forces and \ntheir spouses and children.\n (c) Waiver.--Consistent with section 337(a) of the Immigration and \nNationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security \nmay waive the taking of the oath of allegiance described in subsection \n(a) by a special veteran if, in the opinion of the Secretary, the \nspecial veteran is unable to understand, or to communicate an \nunderstanding of, its meaning because of a physical or developmental \ndisability or mental impairment.\n\nSEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED \n REMOVED.\n\n In the case of a special veteran in removal proceedings on the date \nof the enactment of this Act, the Secretary of Homeland Security shall \ncancel the removal of the special veteran. In the case of a special \nveteran who was ordered removed before the date of the enactment of \nthis Act, the Attorney General shall rescind any outstanding order of \nremoval, and any finding that the special veteran is subject to removal \nor is inadmissible. In the case of a special veteran physically present \nin the United States whose status as an alien lawfully admitted for \npermanent residence was rescinded before the date of the enactment of \nthis Act, the Secretary of Homeland Security shall allow the veteran to \nadjust status to that of an alien lawfully admitted for permanent \nresidence without regard to any numerical limitation in the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.).\n\nSEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Secretary shall establish a program and application procedure \nto permit special veterans removed from the United States before the \ndate of the enactment of this Act to enter the United States as an \nalien lawfully admitted for permanent residence without regard to any \nnumerical limitation in the Immigration and Nationality Act (8 U.S.C. \n1101 et seq.).\n\nSEC. 7. ACCESS TO MILITARY BENEFITS.\n\n A special veteran who has been naturalized or has obtained the \nstatus of an alien lawfully admitted for permanent residence pursuant \nto this Act shall be eligible for all military and veterans benefits \nfor which the special veteran would have been eligible if the special \nveteran had never been ordered removed, been removed, or voluntarily \ndeparted, from the United States.\n\nSEC. 8. IDENTIFICATION OF SPECIAL VETERANS.\n\n (a) Identification.--The Secretary of Homeland Security shall \nidentify immigration cases involving special veterans by--\n (1) inquiring of every alien processed prior to initiating \n removal proceedings whether the alien is a special veteran; and\n (2) keeping records of special veterans who have been \n detained under the immigration laws, had removal proceedings \n against them initiated before the date of the enactment of this \n Act, or been removed before such date.\n (b) Record Annotation.--When the Secretary has identified a case \nunder subsection (a), the Secretary shall annotate all immigration and \nnaturalization records of the Department of Homeland Security relating \nto the special veteran involved so as to reflect that identification \nand afford an opportunity to track the outcomes for the veteran. Such \nannotation shall include--\n (1) the veteran's branch of military service;\n (2) whether or not the veteran served during a period of \n military hostilities described in section 329 of the \n Immigration and Nationality Act (8 U.S.C. 1440); and\n (3) the veteran's immigration status at the time of \n enlistment.","summary":"Repatriate Our Patriots Act This bill prohibits a special veteran from being removed from the United States. A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable, (2) includes only an honorably discharged or released individual. And (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile. DHS: (1) shall process naturalization applications for special veterans within 90 days. And (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at US embassies, consulates, and military installations. DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status. The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible. DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident. A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise. DHS shall identify and maintain records of immigration cases involving special veterans.","title":"Repatriate Our Patriots Act","text_len":6094,"sum_len":1643} {"bill_id":"106_hr3521","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Accountability for \nRegulatory Information Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) many Federal regulations have improved the quality of \n life of the American public, however, uncontrolled increases in \n regulatory costs and lost opportunities for better regulation \n should not be continued;\n (2) the legislative branch has a responsibility to ensure \n that laws passed by Congress are properly implemented by the \n executive branch;\n (3) in order for the legislative branch to fulfill its \n responsibilities to ensure that laws passed by Congress are \n implemented in an efficient, effective, and fair manner, the \n Congress requires accurate and reliable information on which to \n base decisions; and\n (4) the legal effect of many Federal agency guidance \n documents and other Federal agency statements that are not \n published in the Code of Federal Regulations is often not clear \n to the affected public.\n\nSEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE.\n\n (a) In General.--Section 801(a)(2) of title 5, United States Code, \nis amended by striking subparagraph (B) and inserting the following:\n ``(B)(i) After an agency publishes a regulatory action, a committee \nof either House of Congress with legislative or oversight jurisdiction \nrelating to the action may request the Comptroller General to review \nthe action under clause (ii).\n ``(ii) Of requests made under clause (i), the Comptroller General \nshall provide a report on each regulatory action selected under clause \n(iv) to the committee which requested the report (and the committee of \njurisdiction in the other House of Congress)--\n ``(I) except as provided in subclause (II), by not later \n than 180 calendar days after the committee request is received; \n or\n ``(II) in the case of a request for review of a notice of \n proposed rule making or an interim final rule making, by not \n later than the end of the 60-calendar-day period beginning on \n the date the committee request is received, or the end of the \n period for submission of comment regarding the rule making, \n whichever is later.\nThe report shall include an independent analysis of the regulatory \naction by the Comptroller General using any relevant data or analyses \navailable to or generated by the General Accounting Office.\n ``(iii) The independent analysis of the regulatory action by the \nComptroller General under clause (ii) shall include--\n ``(I) an analysis by the Comptroller General of the \n potential benefits of the regulatory action, including any \n beneficial effects that cannot be quantified in monetary terms \n and the identification of those likely to receive the benefits;\n ``(II) an analysis by the Comptroller General of the \n potential costs of the regulatory action, including any adverse \n effects that cannot be quantified in monetary terms and the \n identification of those likely to bear the costs;\n ``(III) an analysis by the Comptroller General of any \n alternative regulatory approaches that could achieve the same \n goal in a more cost-effective manner or that could provide \n greater net benefits, and, if applicable, a brief explanation \n of any statutory reasons why such alternatives could not be \n adopted;\n ``(IV) an analysis of the extent to which the regulatory \n action would affect State or local governments; and\n ``(V) a summary of how the results of the Comptroller \n General's analysis differ, if at all, from the results of the \n analyses of the agency in promulgating the regulatory action.\n ``(iv) In consultation with the Majority and Minority Leaders of \nthe Senate and the Speaker and Minority Leader of the House of \nRepresentatives, the Comptroller General shall develop procedures for \ndetermining the priority and number of those requests for review under \nclause (i) that will be reported under clause (ii). The procedures \nshall give the highest priority to requests regarding a notice of \nproposed rule making for a major rule, and to requests regarding an \ninterim final rule making for a major rule.\n ``(C) Federal agencies shall cooperate with the Comptroller General \nby promptly providing the Comptroller General with such records and \ninformation as the Comptroller General determines necessary to carry \nout this section.''.\n (b) Definitions.--Section 804 of title 5, United States Code, is \namended--\n (1) by redesignating paragraphs (2) and (3) as paragraphs \n (3) and (5), respectively;\n (2) by inserting after paragraph (1) the following:\n ``(2) The term `independent analysis' means a substantive \n review of the agency's underlying assessments and assumptions \n used in developing the regulatory action and any additional \n analysis the Comptroller General determines to be necessary.''; \n and\n (3) by inserting after paragraph (3) (as redesignated by \n paragraph (1) of this subsection) the following:\n ``(4) The term `regulatory action' means--\n ``(A) notice of proposed rule making;\n ``(B) final rule making, including interim final \n rule making; or\n ``(C) a rule.''.\n\nSEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS.\n\n (a) In General.--Chapter 8 of title 5, United States Code, is \namended by inserting after section 803 the following:\n``Sec. 803a. Notice of nonbinding effect of agency guidance\n ``The head of an agency shall include on the first page of each \nstatement published by the agency that is not a rule a notice that the \nstatement has no general applicability or future effect (or both), as \napplicable, and is not binding on the public.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 8 of title 5, United States Code, is amended by inserting after \nthe item relating to section 803 the following:\n\n``803a. Notice of nonbinding effect of agency guidance.''.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the General Accounting \nOffice to carry out chapter 8 of title 5, United States Code, \n$5,200,000 for each of fiscal years 2000 through 2003.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 180 \ndays after the date of enactment of this Act.","summary":"Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations.","title":"Congressional Accountability for Regulatory Information Act of 2000","text_len":6781,"sum_len":271} {"bill_id":"104_hr3983","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Anti-Fraudulent Intercountry \nAdoption Practices Act of 1996''.\n\nSEC. 2. CRIMINAL PROVISIONS.\n\n (a) In General.--Title 18 of the United States Code is amended by \nredesignating chapter 2 as chapter 2B and inserting before such chapter \nthe following:\n\n ``CHAPTER 2A--ADOPTION SERVICES\n\n``Sec.\n``21. False pretenses in connection with the offering of adoption \n services.\n``22. Placing a child for adoption for compensation.\n``23. Definitions.\n``24. Effect on State law and regulation.\n\n ``CHAPTER 2A--ADOPTION SERVICES\n\n``Sec. 21. False pretenses in connection with the offering of adoption \n services\n ``(a) It shall be unlawful for any person, offering to perform any \nact or render any service in connection with the placement of a child \nfor adoption, to knowingly and willfully falsify, conceal, or cover up \nby any trick, scheme, or device a material fact, or make any false, \nfictitious, or fraudulent statements or representations, or make or use \nany false writing or document knowing the same to contain any false, \nfictitious, or fraudulent statement or entry, in connection with the \nperformance of such act or the rendition of such service or the offer \nto do so.\n ``(b) The material facts, documents, and representations referred \nto in subsection (a) include--\n ``(1) information about the political or legal conditions \n and circumstances prevalent and anticipated in any country in \n which the legal proceedings of the adoption are to take place \n and which may affect the adoption process, including, but not \n limited to, information regarding how such conditions and \n circumstances may affect the time period in which the adoption \n process is to be completed; and\n ``(2) information released by the United States Department \n of State in the form of travel notices and other advisories \n regarding the adoption process in any country in which the \n legal proceedings of the adoption are to take place.\n ``(c) Any person who violates this section shall be imprisoned not \nmore than 5 years, fined not more than $10,000, or both.\n``Sec. 22. Placing a child for adoption for compensation\n ``(a) It shall be unlawful for any person to knowingly and \nwillfully solicit or receive money or any thing of value, or the \npromise thereof, for placing or arranging for the placement of any \nchild for adoption under circumstances that would require or result in \nsuch child being transported in interstate or foreign commerce.\n ``(b) Any person who violates this section shall be imprisoned not \nmore than 5 years, fined not more than $10,000, or both.\n ``(c) This section shall not apply to any person who--\n ``(1) solicits or receives money or any thing of value as \n the bona fide agent of a child care or adoption agency, public \n or private, which is authorized or licensed by a State to place \n children for adoption, in exchange for services rendered by the \n agency;\n ``(2) solicits or receives reasonable services rendered in \n connection with the consultation regarding, and the preparation \n and execution of documents necessary to accomplish, the legal \n placement of a child for adoption; or\n ``(3) solicits or receives reasonable fees solely in \n connection with the consultation regarding, and the rendition \n of, professional medical services related to the prenatal care \n of a woman or the delivery, examination, or treatment of a \n child for adoption.\n``Sec. 23. Definitions\n ``As used in this chapter:\n ``(1) The term `child' has the meaning given such term in \n section 101(b)(1)(F) of the Immigration and Nationality Act.\n ``(2) The term `State' includes the District of Columbia, \n the Commonwealth of Puerto Rico, the Commonwealth of the \n Northern Mariana Islands, the United States Virgin Islands, \n Guam, American Samoa, and the Trust Territory of the Pacific \n Islands.\n``Sec. 24. Effect on State law and regulation\n ``Nothing in this chapter shall be construed to limit or otherwise \naffect the applicability or validity of any State law or regulation \nthat may govern the placement of children in a home for adoption.''.\n (b) Clerical Amendment.--The table of chapters for part I of title \n18, United States Code, is amended by striking the item relating to \nchapter 2 and inserting the following:\n\n``2A. Adoption practices.................................... 21 \n``2B. Aircraft and motor vehicles........................... 31.''.\n\nSEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR \n VICTIMS OF FRAUDULENT ADOPTION PRACTICES.\n\n (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is \nthe sense of the Congress that--\n (1) any person who, having accepted money or anything of \n value in connection with an offer of, or performance of, any \n service or act relating to the placement of a child for \n adoption, has committed a violation of the provisions of \n chapter 2A of title 18, United States Code, should be liable \n for damages to any individual who has paid money or anything of \n value for the performance of such service or act;\n (2) the district courts of the United States should have \n jurisdiction to hear such cases regardless of the amount in \n controversy, and the plaintiff in such actions should be \n entitled to recover any money or thing of value (or the \n monetary equivalent thereof) which was provided to the \n defendant in exchange for the offer or promise to perform the \n act or service in question, in addition to punitive damages, \n costs of suit, and attorney's fees, where appropriate; and\n (3) the court may further impose such other penalties that \n may be provided for by State or Federal law.\n (b) Defrauding Birth Mother; Civil Remedies.--It is further the \nsense of the Congress that--\n (1) any person who, having agreed to pay the expenses of a \n pregnant woman in return for the giving up of the child for \n adoption, commits an act of fraud in either stating the \n agreement or in performing it, should, if such woman traveled \n in interstate or foreign commerce because of the agreement, be \n liable to such woman for damages incurred as a result of the \n failure to perform any act or service covered by such \n agreement;\n (2) the district courts of the United States should have \n jurisdiction to hear such cases regardless of the amount in \n controversy, and the plaintiff in such actions should be \n entitled to recover such consequential and punitive damages, \n plus costs of suit and attorney's fees, as may be appropriate; \n and\n (3) the court may further impose such other penalties that \n may be provided for by State or Federal law.","summary":"Anti-Fraudulent Intercountry Adoption Practices Act of 1996 - Prohibits any person offering to perform any act or render any service in connection with the placement of a child for adoption from knowingly falsifying or concealing a material fact or from making or using any false document. Defines material facts, documents, and representations to include: (1) information about the political or legal conditions and circumstances in any country in which the legal proceedings of the adoption are to take place that may affect the adoption process. And (2) information released by the US Department of State in the form of travel notices and other advisories regarding the adoption process in any such country. Sets penalties for violations. Prohibits knowingly soliciting or receiving money or anything of value for placing any child for adoption under circumstances that require such child to be transported in interstate or foreign commerce, with exceptions. Sets penalties for violations. Expresses the sense of the Congress that there should be civil remedies for victims of fraudulent adoption practices.","title":"Anti-Fraudulent Intercountry Adoption Practices Act of 1996","text_len":7260,"sum_len":1110} {"bill_id":"110_hr6504","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coordinate to Educate Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress makes the following findings:\n (1) Growing numbers of children live in an environment of \n social and economic conditions that greatly increase their risk \n of academic failure when they become students.\n (2) Many academically at-risk students suffer the effects \n of inadequate nutrition and health care, lack of child care, \n overcrowded and unsafe living conditions and homelessness, \n family and gang violence, substance abuse, sexual abuse and \n child abuse, involuntary migration and limited English \n proficiency that often create severe barriers to learning the \n knowledge and skills needed to become literate, independent and \n productive citizens.\n (3) Almost half of all children and youths live in a single \n parent family for some period of their lives, while many others \n live in families with two full-time working parents, greatly \n reducing parental involvement in their education.\n (4) Services for at-risk students are often fragmented, \n inconvenient, expensive, overregulated, ineffective and \n duplicative, and focused on only a single narrow problem \n without meeting the needs of the child and the family.\n (5) School personnel, parents, and support service \n providers often lack knowledge of, and access to, available \n services for at-risk students and their families in the \n community, are constrained by bureaucratic obstacles from \n providing the services most needed, and have few resources or \n incentives to coordinate services and make them accessible.\n (6) Service providers, such as teachers, social workers, \n health care and child care providers, juvenile justice workers \n and others, are often trained in separate institutions, \n practice in separate agencies, and pursue separate professional \n activities that provide little support for coordination and \n integration of services.\n (7) Coordination and integration of services for at-risk \n students emphasizing prevention and early intervention offer a \n greater opportunity to break the cycle that leads to academic \n failure, leaving school, low-skill levels, unemployment and low \n income.\n (8) Coordination of services is cost effective for schools \n and support agencies because it reduces duplication, improves \n quality of services, and substitutes prevention for expensive \n crisis interventions, while ensuring that students are ready to \n learn when they are in the classroom.\n (b) Purposes.--It is the purpose of this Act to establish a program \nof grants to local education agencies to improve students' educational \nperformances by--\n (1) removing barriers to their learning;\n (2) coordinating and enhancing the effectiveness of support \n services;\n (3) making support services available, affordable, and \n convenient for those who need them;\n (4) replicating and disseminating successful high quality \n coordinated service programs;\n (5) increasing parental involvement in education;\n (6) improving the capacity of school and support service \n personnel to collaborate;\n (7) integrating services, regulations, data bases, \n eligibility procedures and funding sources whenever possible; \n and\n (8) focusing school and community resources on prevention \n and early intervention strategies to address student needs and \n to ensure that students are ready to learn when they are in the \n classroom.\n\nSEC. 3. GRANT AUTHORIZATION.\n\n The Secretary of Education is authorized to make development and \nimplementation grants to local education agencies to develop and \nimplement coordinated service programs.\n\nSEC. 4. DEVELOPMENT GRANTS.\n\n (a) Eligibility.--To be eligible to receive a grant under this \nsection, a local educational agency shall--\n (1) plan to collaborate with health and social service \n agencies to develop a program of school-linked integrated \n service for children and families on or near a school site; or\n (2) offer some coordinated services, but be able to \n demonstrate a need for the expansion of services.\n (b) Duration.--Grants under this section may be for up to 3 years \nduration, subject to providing the Secretary with annual evidence of \nsatisfactory progress towards the achievement of a plan for a self-\nsufficient coordinated service program.\n (c) Applications.--A local educational agency that wishes to \nreceive a grant under this section shall submit an application which \nidentifies--\n (1) the need for coordinated services among all or some of \n the students of a local educational agency;\n (2) the proposed membership of a collaborative which will \n be formed to achieve broad-based coordinated services, \n including representatives from the appropriate levels of all \n sectors and services necessary to achieve broad-based \n coordinated services, including representatives of children and \n families;\n (3) the objectives of the collaboration; and\n (4) performance measurements.\n (d) Use of Funds.--Grants awarded under this section shall be used \nto--\n (1) plan and hold regular meetings of the collaborative;\n (2) identify barriers to learning experienced by students \n in the local educational agency that stem from factors external \n to the public school system, including poor health, physical \n and sexual abuse, poor nutrition, inadequate housing, lack of \n appropriate childcare and lack of appropriate preschool and \n before and after school care;\n (3) assess the availability of currently existing social \n service programs which could help to alleviate these barriers;\n (4) assess the availability of local, State and private \n funds, the redirection of existing funds and the use of in-kind \n services;\n (5) assess the feasibility of a sliding scale fee for \n services that will be delivered; and\n (6) develop an interagency service delivery plan that \n identifies--\n (A) the priorities of the service providers and the \n community;\n (B) the availability and use of adequate staff and \n physical resources;\n (C) a plan to coordinate Federal, State and local \n regulations, eligibility requirements and application \n procedures;\n (D) how coordinated services will be delivered, \n including a case management system; and\n (E) a plan to become self-sufficient, without using \n funds authorized under this Act, not later than 2 years \n after implementation.\n\nSEC. 5. IMPLEMENTATION GRANTS.\n\n (a) Eligibility.--A local educational agency that desires to \nreceive a grant under this section shall have an interagency service \ndelivery plan that has been approved by the Secretary of Education.\n (b) Duration.--Grants under this section may not exceed a 2-year \nperiod.\n (c) Applications.--To be eligible to receive a grant under this \nsection, a local educational agency shall submit an application which--\n (1) identifies barriers to learning experienced by students \n in the local educational agency that stem from factors external \n to the public school system, including poor health, evidence of \n physical or sexual abuse, poor nutrition, inadequate housing, \n lack of appropriate childcare and lack of appropriate preschool \n and before and after school care;\n (2) identifies existing social service programs;\n (3) identifies the participants in the delivery of \n coordinated services, including community and parent \n involvement;\n (4) includes an interagency service delivery plan which \n includes the priorities of the service providers and the \n community;\n (5) includes an interagency agreement signed by key parties \n within the collaborative, partnership schools and agencies that \n detail what will be done, by whom and when;\n (6) makes assurances that Federal funds will be used for \n not more than 50 percent of the costs of this project after the \n first year, with a commitment of matching funds from other \n agencies or private sources, including the redirection of \n existing funds and the use of in-kind services which will fully \n support the project after the second year;\n (7) identifies how the coordinated service program will be \n staffed, including the case of a coordinator and including a \n plan for interagency staff training and development;\n (8) identifies where the coordinated service program will \n be located;\n (9) identifies how Federal, State, and local regulations, \n eligibility requirements and application procedures have been \n coordinated;\n (10) utilizes a case management system; and\n (11) sets sliding scale service fees, if feasible.\n (d) Use of Funds.--Grants awarded under this section may be used--\n (1) to locate and obtain commitments from funding sources \n other than the Federal Government when this grant ends;\n (2) to improve interagency communications and information-\n sharing, including developing telecommunications networks, \n software development, data base integration and management, and \n other applications of technology that improve coordination of \n service;\n (3) to support colocation of interagency service delivery \n programs in schools or other sites close to schools, including \n rental or lease payments, open and lock-up fees or maintenance \n and security costs necessary for the delivery of services to \n students;\n (4) for staff development, including in-service and cross-\n agency training, for the interagency service delivery team, \n including school staff;\n (5) to research and tabulate figures which demonstrate the \n success of a coordinated services program, including improved \n outcome for children and families in terms of taxpayers dollars \n saved; and\n (6) to support dissemination and replication of successful \n programs to other areas within a local educational agency.\n\nSEC. 6. TARGET POPULATIONS.\n\n (a) Eligible Schools, Grades, and Areas.--An eligible local \neducational agency may select a school or program area for coordinated \nservices if the project design is of adequate size, scope, and quality \nto achieve projected outcomes.\n (b) Eligible Students.--Programs and services shall be made \navailable to all children and families in the area to be served and \nshall, when appropriate, be paid on a sliding scale.\n\nSEC. 7. SPECIAL CONSIDERATION.\n\n In making awards under this Act, the Secretary shall give special \nconsideration to--\n (1) the geographic distribution of awards, including urban, \n suburban, and rural districts;\n (2) districts with concentrated pockets of educationally \n at-risk students;\n (3) local educational agencies with high proportions of \n educationally at-risk students; and\n (4) areas with a large number of single parent or two-\n parent, working families.\n\nSEC. 8. AUTHORIZATION.\n\n There are authorized to be appropriated to carry out the provisions \nof this Act for fiscal year 2009, $300,000,000 of which $200,000,000 \nshall be allocated for development grants and $100,000,000 shall be \nallocated for implementation grants, and such sums as may be necessary \nfor each of the fiscal years 2010 through 2015.","summary":"Coordinate to Educate Act - Authorizes the Secretary of Education to award: (1) grants of up to three years to local educational agencies (LEAs) to collaborate with health and social service agencies to develop school-linked coordinated service programs for children and families on or near school sites. And (2) grants of up to two years to LEAs to implement such programs pursuant to interagency service delivery plans that have been approved by the Secretary. Requires program services to be available to all children and families in the service area and, where appropriate, paid for on a sliding scale. Directs the Secretary, in awarding grants, to give special consideration to areas with high proportions of educationally at-risk students and areas that have a large number of single parent or two-parent, working families.","title":"To authorize grants to local educational agencies to develop and implement coordinated services programs.","text_len":12428,"sum_len":829} {"bill_id":"104_s1379","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Debt Collection Practices \nAmendments Act of 1995''.\n\nSEC. 2. DEFINITIONS.\n\n Section 803(6)(C) of the Fair Debt Collection Practices Act (15 \nU.S.C. 1692a(6)(C)) is amended by inserting ``owed to the Federal \nGovernment or to any State'' after ``collect any debt''.\n\nSEC. 3. ACQUISITION OF LOCATION INFORMATION.\n\n Section 804(6) of the Fair Debt Collection Practices Act (15 U.S.C. \n1692b(6)) is amended by inserting before the period at the end the \nfollowing: ``, except that the debt collector may communicate with \npersons other than the attorney for the purpose of acquiring location \ninformation or information relating to the income, assets, or credit of \nthe consumer if the attorney refuses to provide such information to the \ndebt collector''.\n\nSEC. 4. VALIDATION OF DEBTS.\n\n (a) Destination of Validation Notice.--Section 809(a) of the Fair \nDebt Collection Practices Act (15 U.S.C. 1692g(a)) is amended in the \nmatter preceding paragraph (1) by striking ``send the consumer'' and \ninserting ``send to the last known address of the consumer (or to any \nlocation at which the debt collector has a reasonable belief that the \nconsumer is residing)''.\n (b) Form of Validation Notice.--Section 809(a)(3) of the Fair Debt \nCollection Practices Act (15 U.S.C. 1692g(a)(3)) is amended--\n (1) by inserting ``appearing in type at least as large as \n 12-point type'' after ``a statement'';\n (2) by striking ``disputes'' and inserting ``notifies the \n debt collector in writing that''; and\n (3) by striking ``thereof,'' and inserting ``thereof is \n disputed,''.\n\nSEC. 5. LEGAL ACTIONS BY DEBT COLLECTORS.\n\n Section 811(a)(2) of the Fair Debt Collection Practices Act (15 \nU.S.C. 1692i(a)(2)) is amended--\n (1) in subparagraph (A), by inserting ``or in which the \n obligation was incurred'' before the semicolon; and\n (2) in subparagraph (B), by inserting ``or is employed'' \n after ``consumer resides''.\n\nSEC. 6. CIVIL LIABILITY.\n\n (a) Limitations on Damages.--Section 813(a) of the Fair Debt \nCollection Practices Act (15 U.S.C. 1692k(a)) is amended to read as \nfollows:\n ``(a) Limitations on Damages.--\n ``(1) In general.--Except as otherwise provided in this \n section, a debt collector who fails to comply with any \n provision of this title with respect to any person shall be \n liable to such person as follows:\n ``(A) Individual actions.--In the case of an action \n arising under this title other than an action described \n in subparagraph (B), in an amount equal to any actual \n damages sustained by the person as a result of such \n failure.\n ``(B) Class actions.--In the case of an action \n arising under this title that is brought or maintained \n as a class action pursuant to the Federal Rules of \n Civil Procedure or as otherwise provided by law \n (hereafter in this section referred to as a `class \n action'), in an amount equal to the sum of--\n ``(i) the amount for each named plaintiff \n as is recoverable under subparagraph (A); and\n ``(ii) such amount as the court may allow \n for all other class members, without regard to \n a minimum individual recovery, not to exceed \n the total amount for such class members as is \n recoverable under subparagraph (A).\n ``(C) Costs and attorney's fees.--In the case of \n any successful action to enforce the liability \n specified in subparagraph (A) or (B), the costs of the \n action, together with reasonable attorney's fees as \n determined by the court, in an amount not to exceed the \n amount awarded in such action under subparagraph (A) or \n (B), as applicable.\n ``(2) Class action limitation.--The total amount recovered \n under paragraph (1)(B) in any class action or series of class \n actions arising out of the same failure to comply by the same \n debt collector shall not exceed the lesser of--\n ``(A) $500,000; or\n ``(B) 1 percent of the net financial worth of the \n debt collector.\n ``(3) Actions brought in bad faith.--On a finding by the \n court that an action arising under this title was brought in \n violation of Rule 11(b) of the Federal Rules of Civil \n Procedure, the court may award to the defendant the costs of \n the action, together with reasonable attorney's fees, as \n determined by the court.\n ``(4) Offer of judgment.--Notwithstanding any other \n provision of law, in any action arising under this title, for \n purposes of any application of Rule 68 of the Federal Rules of \n Civil Procedure--\n ``(A) costs shall include reasonable attorney's \n fees; and\n ``(B) following any offer made to a plaintiff or to \n the plaintiff class that is not accepted in accordance \n with such Rule, the plaintiff or plaintiff class, as \n applicable, shall not be entitled to recover attorney's \n fees as otherwise provided in this title if the amount \n of the final judgment awarded to the plaintiff or to \n the plaintiff class, as applicable, is less than or \n equal to the offer.''.\n (b) Factors for Consideration.--Section 813(b) of the Fair Debt \nCollection Practices Act (15 U.S.C. 1692k(b)) is amended to read as \nfollows:\n ``(b) Factors for Consideration.--In determining the liability of a \ndebt collector under subsection (a) in any action arising under this \ntitle, the court shall consider, among other relevant factors--\n ``(1) the frequency and persistence of noncompliance by the \n debt collector;\n ``(2) the nature of such noncompliance; and\n ``(3) the extent to which the noncompliance of the debt \n collector is intentional.''.\n (c) Modification of Bona Fide Error Defense.--Section 813(c) of the \nFair Debt Collection Practices Act (15 U.S.C. 1692k(c)) is amended--\n (1) by striking ``violation was not'' and inserting the \n following: ``violation--\n ``(1) was not'';\n (2) by striking the period at the end and inserting ``; \n or''; and\n (3) by adding at the end the following new paragraph:\n ``(2) resulted from the use of written communication in a \n form approved by any Federal or State agency responsible for \n the regulation of debt collectors.''.\n (d) Reasonable Person Standard.--Section 813 of the Fair Debt \nCollection Practices Act (15 U.S.C. 1692k) is amended by adding at the \nend the following new subsection:\n ``(f) Reasonable Person Standard.--In making a determination under \nthis section as to whether or not a debt collector has failed to comply \nwith any provision of this title with respect to any person, the court \nshall consider the effect of the actions or omissions of the debt \ncollector on a reasonable person.''.\n\nSEC. 7. RELATION TO STATE LAWS.\n\n Section 816 of the Fair Debt Collection Practices Act (15 U.S.C. \n1692n) is amended to read as follows:\n\n``SEC. 816. RELATION TO STATE LAWS.\n\n ``(a) In General.--This title supersedes any provision of the law \nof any State that creates a private right of action relating to any \noperation, practice, or activity of a debt collector.\n ``(b) No Remedy Under This Title for State Law Violations.--This \ntitle shall not be construed to provide a remedy for any violation of \nthe law of any State with respect to debt collection practices.\n ``(c) No Liability Under This Title for State Law Violations.--This \ntitle shall not be construed to establish any liability or penalty for \na violation of the law of any State unless the conduct which \nconstitutes a violation of the law of such State also constitutes a \nviolation of any requirement of this title or any regulation \npromulgated pursuant to this title.''.","summary":"Fair Debt Collection Practices Amendments Act of 1995 - Amends the Fair Debt Collection Practices Act to limit the exclusion from its purview of debt collection activities by a Federal or State official to collection of debts owed to the Federal or a State government, respectively. Permits a debt collector to acquire income, assets, or credit information from a person other than the debtor's attorney if the attorney refuses to provide such information. Revises procedural guidelines for: (1) debt validation, (2) legal actions by debt collectors. And (3) limitations on damages, including repeal of the allowance of up to $1,000 in additional damages. Provides that this Act: (1) supersedes any State law creating a private right of action against a debt collector. (2) does not provide a remedy for any violation of State law regarding debt collection practices. And (3) does not establish any liability or penalty for violation of State law unless such violation also constitutes a violation under this Act.","title":"Fair Debt Collection Practices Amendments Act of 1995","text_len":8506,"sum_len":1013} {"bill_id":"110_hr3505","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securities Law Technical Corrections \nAct of 2007''.\n\nSEC. 2. TECHNICAL CORRECTIONS.\n\n (a) Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C. \n77a et seq.) is amended--\n (1) in section 3(a)(4) (15 U.S.C. 77c(a)(4)), by striking \n ``individual;'' and inserting ``individual,'';\n (2) in section 18(b)(1)(C) (15 U.S.C. 77r(b)(1)(C)), by \n striking ``is a security'' and inserting ``a security'';\n (3) in section 18(c)(2)(B)(i) (15 U.S.C. 77r(c)(2)(B)(i)), \n by striking ``State, or'' and inserting ``State or'';\n (4) in section 19(d)(6)(A) (15 U.S.C. 77s(d)(6)(A)), by \n striking ``in paragraph (1) of (3)'' and inserting ``in \n paragraph (1) or (3)''; and\n (5) in section 27A(c)(1)(B)(ii) (15 U.S.C. 77z-\n 2(c)(1)(B)(ii)), by striking ``business entity;'' and inserting \n ``business entity,''.\n (b) Securities Exchange Act of 1934.--The Securities Exchange Act \nof 1934 (15 U.S.C. 78 et seq.) is amended--\n (1) in section 2(1)(a) (15 U.S.C. 78b(1)(a)), by striking \n ``affected'' and inserting ``effected'';\n (2) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by \n striking ``section 3(a)(12) of the Securities Exchange Act of \n 1934'' and inserting ``section 3(a)(12) of this Act'';\n (3) in section 3(g) (15 U.S.C. 78c(g)), by striking \n ``company, account person, or entity'' and inserting ``company, \n account, person, or entity'';\n (4) in section 10A(i)(1)(B)(i) (15 U.S.C. 78j-\n 1(i)(1)(B)(i)), by striking ``nonaudit'' and inserting ``non-\n audit'';\n (5) in section 13(b)(1) (15 U.S.C. 78m(b)(1)), by striking \n ``earning statement'' and inserting ``earnings statement'';\n (6) in section 15(b)(1) (15 U.S.C. 78o(b)(1))--\n (A) by striking the sentence beginning ``The order \n granting'' and ending ``from such membership.'' in \n subparagraph (B); and\n (B) inserting such sentence in the matter following \n such subparagraph after ``are satisfied.'';\n (7) in section 15 (15 U.S.C. 78o), redesignate subsection \n (i), as added by section 303(f) of the Commodity Futures \n Modernization Act of 2000 (114 Stat. 2763A-455), as subsection \n (j);\n (8) in section 15C(a)(2) (15 U.S.C. 78o-5(a)(2))--\n (A) by redesignating clauses (i) and (ii) as \n subparagraphs (A) and (B), respectively;\n (B) by striking the sentence beginning ``The order \n granting'' and ending ``from such membership.'' in such \n redesignated subparagraph (B); and\n (C) inserting such sentence in the matter following \n such redesignated subparagraph after ``are \n satisfied.'';\n (9) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by \n striking ``section 206(b)'' and inserting ``section 206B'';\n (10) in section 17(b)(1)(B) (15 U.S.C. 78q(b)(1)(B)), by \n striking ``15A(k) gives'' and inserting ``15A(k), give''; and\n (11) in section 21C(c)(2) (15 U.S.C. 78u-3(c)(2)), by \n striking ``paragraph (1) subsection'' and inserting ``Paragraph \n (1)''.\n (c) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 \n(15 U.S.C. 77aaa et seq.) is amended--\n (1) in section 304(b) (15 U.S.C. 77ddd(b)), by striking \n ``section 2 of such Act'' and inserting ``section 2(a) of such \n Act'';\n (2) in section 313(a)(4) (15 U.S.C. 77mmm(a)(4)) by \n striking ``subsection 311'' and inserting ``section 311(b)''; \n and\n (3) in section 317(a)(1) (15 U.S.C. 77qqq(a)(1)), by \n striking ``(1),'' and inserting ``(1)''.\n (d) Investment Company Act of 1940.--The Investment Company Act of \n1940 (15 U.S.C. 80a-1 et seq.) is amended--\n (1) in section 2(a)(19) (15 U.S.C. 80a-2(a)(19)) by \n striking ``clause (vi)'' both places it appears in the last two \n sentences and inserting ``clause (vii)'';\n (2) in section 9(b)(4)(B) (15 U.S.C. 80a-9(b)(4)(B)), by \n inserting ``or'' after the semicolon at the end;\n (3) in section 12(d)(1)(J) (15 U.S.C. 80a-12(d)(1)(J)), by \n striking ``any provision of this subsection'' and inserting \n ``any provision of this paragraph'';\n (4) in section 13(a)(3) (15 U.S.C. 80a-13(a)(3)), by \n inserting ``or'' after the semicolon at the end;\n (5) in section 17(f)(4) (15 U.S.C. 80a-17(f)(4)), by \n striking ``No such member'' and inserting ``No member of a \n national securities exchange'';\n (6) in section 17(f)(6) (15 U.S.C. 80a-17(f)(6)), by \n striking ``company may serve'' and inserting ``company, may \n serve''; and\n (7) in section 61(a)(3)(B)(iii) (15 U.S.C. 80a-\n 60(a)(3)(B)(iii))--\n (A) by striking ``paragraph (1) of section 205'' \n and inserting ``section 205(a)(1)''; and\n (B) by striking ``clause (A) or (B) of that \n section'' and inserting ``section 205(b)(1) or (2)''.\n (e) Investment Advisers Act of 1940.--The Investment Advisers Act \nof 1940 (15 U.S.C. 80b-1 et seq.) is amended--\n (1) in each of the following sections, by striking \n ``principal business office'' or ``principal place of \n business'' (whichever and wherever it appears) and inserting \n ``principal office and place of business'': sections \n 203(c)(1)(A), 203(k)(4)(B), 213(a), 222(b), and 222(c) (15 \n U.S.C. 80b-3(c)(1)(A), 80b-3(k)(4)(B), 80b-13(a), 80b-18a(b), \n and 80b-18a(c)); and\n (2) in section 206(3) (15 U.S.C. 80b-6(3)), by inserting \n ``or'' after the semicolon at the end.\n\nSEC. 3. CONFORMING AMENDMENTS FOR THE REPEAL OF THE PUBLIC UTILITIES \n HOLDING COMPANY ACT OF 1935.\n\n (a) Securities Exchange Act of 1934.--The Securities Exchange Act \nof 1934 (15 U.S.C. 78 et seq.) is amended--\n (1) in section 3(a)(47) (15 U.S.C. 78c(a)(47)), by striking \n ``the Public Utility Holding Company Act of 1935 (15 U.S.C. 79a \n et seq.),''; and\n (2) in section 12(k) (15 U.S.C. 78l(k)), by amending \n paragraph (7) to read as follows: \n ``(7) Definition.--For purposes of this subsection, the \n term `emergency' means--\n ``(A) a major market disturbance characterized by \n or constituting--\n ``(i) sudden and excessive fluctuations of \n securities prices generally, or a substantial \n threat thereof, that threaten fair and orderly \n markets; or\n ``(ii) a substantial disruption of the safe \n or efficient operation of the national system \n for clearance and settlement of transactions in \n securities, or a substantial threat thereof; or\n ``(B) a major disturbance that substantially \n disrupts, or threatens to substantially disrupt--\n ``(i) the functioning of securities \n markets, investment companies, or any other \n significant portion or segment of the \n securities markets; or\n ``(ii) the transmission or processing of \n securities transactions.''.\n (3) in section 21(h)(2) (15 U.S.C. 78u(h)(2)), by striking \n ``section 18(c) of the Public Utility Holding Company Act of \n 1935,''.\n (b) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 \n(15 U.S.C. 77aaa et seq.) is amended--\n (1) in section 303 (15 U.S.C. 77ccc), by amending paragraph \n (17) to read as follows:\n ``(17) The terms `Securities Act of 1933' and `Securities \n Exchange Act of 1934' shall be deemed to refer, respectively, \n to such Acts, as amended, whether amended prior to or after the \n enactment of this title.'';\n (2) in section 308 (15 U.S.C. 77hhh), by striking \n ``Securities Act of 1933, the Securities Exchange Act of 1934, \n or the Public Utility Holding Company Act of 1935'' each place \n it appears and inserting ``Securities Act of 1933 or the \n Securities Exchange Act of 1934'';\n (3) in section 310 (15 U.S.C. 77jjj), by striking \n subsection (c) (including the preceding heading);\n (4) in section 311 (15 U.S.C. 77kkk) by striking subsection \n (c);\n (5) in section 323(b) (15 U.S.C. 77www(b)), by striking \n ``Securities Act of 1933, or the Securities Exchange Act of \n 1934, or the Public Utility Holding Company Act of 1935'' and \n inserting ``Securities Act of 1933 or the Securities Exchange \n Act of 1934''; and\n (6) in section 326 (15 U.S.C. 77zzz), by striking \n ``Securities Act of 1933, or the Securities Exchange Act of \n 1934, or the Public Utility Holding Company Act of 1935,'' and \n inserting ``Securities Act of 1933 or the Securities Exchange \n Act of 1934''.\n (c) Investment Company Act of 1940.--The Investment Company Act of \n1940 (15 U.S.C. 80a-1 et seq.) is amended--\n (1) in section 2(a)(44) (15 U.S.C. 80a-2(a)(44)), by \n striking ```Public Utility Holding Company Act of 1935','';\n (2) in section 3(c) (15 U.S.C. 80a-3(c)), by amending \n paragraph (8) to read as follows:\n ``(8) [Repealed]'';\n (3) in section 38(b) (15 U.S.C. 80a-37(b)), by striking \n ``the Public Utility Holding Company Act of 1935,''; and\n (4) in section 50 (15 U.S.C. 80a-49), by striking ``the \n Public Utility Holding Company Act of 1935,''.\n (d) Investment Advisers Act of 1940.--Section 202(a)(21) of the \nInvestment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(21)) is amended by \nstriking ```Public Utility Holding Company Act of 1935',''.\n\n Passed the House of Representatives December 6, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Securities Law Technical Corrections Act of 2007 - Makes technical corrections to the following Acts: (1) the Securities Act of 1933, (2) the Securities Exchange Act of 1934, (3) the Trust Indenture Act of 1939, (4) the Investment Company Act of 1940. And (5) the Investment Advisers Act of 1940. Amends the following statutes to make conforming amendments for the repeal of the Public Utility Holding Company Act of 1935: (1) the Securities Exchange Act of 1934, (2) the Trust Indenture Act of 1939, (3) the Investment Company Act of 1940, and (4) the Investment Advisers Act of 1940.","title":"To make various technical and clerical amendments to the Federal securities laws.","text_len":10639,"sum_len":585} {"bill_id":"107_s1532","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Extended Unemployment \nCompensation Act of 2001''.\n\nSEC. 2. FEDERAL-STATE AGREEMENTS.\n\n (a) In General.--Any State which desires to do so may enter into \nand participate in an agreement under this Act with the Secretary of \nLabor (hereafter in this Act referred to as the ``Secretary''). Any \nstate which is a party to an agreement under this Act may, upon \nproviding 30 days written notice to the Secretary, terminate such \nagreement.\n (b) Provisions of Agreement.--Any agreement under subsection (a) \nshall provide that the State agency of the State will make payments of \nemergency extended unemployment compensation--\n (1) to individuals who--\n (A) have exhausted all rights to regular \n compensation under the State law,\n (B) have no rights to compensation (including both \n regular compensation and extended compensation) with \n respect to a week under such law or any other State \n unemployment compensation law or to compensation under \n any other Federal law (and are not paid or entitled to \n be paid any additional compensation under any State or \n Federal law).\n (C) are not receiving compensation with respect to \n such week under the unemployment compensation law of \n Canada, and\n (D) were separated from employment, as defined \n under the State law, on or after September 11, 2001,\n (2) for any week of unemployment which begins in the \n individual's period of eligibility (as defined in section 7(2) \n of this Act), and\n (3) when such State meets the definition of qualified State \n in section 7(3) of this Act and as provided under section 3(c) \n of this Act.\n (c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A) \nan individual shall be deemed to have exhausted such individual's \nrights to regular compensation under a State law when--\n (1) no payment of regular compensation can be made under \n such law because such individual has received all regular \n compensation available to such individual based on employment \n or wages during such individual's base period, or\n (2) such individual's rights to such compensation have been \n terminated by reason of the expiration of the benefit year with \n respect to such rights existed.\n (d) Weekly Benefit Amount.--For purposes of any agreement under \nthis Act--\n (1) the amount of emergency extended unemployment \n compensation which shall be payable to any individual for any \n week of total unemployment shall be equal to the amount of the \n regular compensation (including dependents' allowances) payable \n to such individual during such individual's benefit year under \n the State law for a week of total unemployment,\n (2) the terms and conditions of the State law which apply \n to claims for extended compensation and to the payment thereof \n shall apply to claims for emergency extended unemployment \n compensation and to the payment thereof, except--\n (A) that those provisions of State law implementing \n the requirements of paragraphs (3) through (5) of \n section 202(a) and subsection (c) of section 202 of the \n Federal-State Extended Unemployment Compensation Act of \n 1970 shall not apply, and\n (B) any provisions of State law otherwise \n inconsistent with the provisions of this Act, or with \n the regulations or operating instructions of the \n Secretary promulgated to carry out this Act shall not \n apply, and\n (3) the maximum amount of emergency extended unemployment \n compensation payable to any individual for whom an account is \n established under section 3 shall not exceed the amount \n established in such account for such individual.\n (e) Election.--Notwithstanding any other provision of Federal law \n(and if State law permits), the Governor of a State that is in an \nextended benefit period may provide for the payment of emergency \nextended unemployment compensation in lieu of extended compensation to \nindividuals who were separated from employment on or after September \n11, 2001, and who otherwise meet the requirements of subsection (b)(1). \nSuch an election shall not require a State to trigger off an extended \nbenefit period.\n\nSEC. 3. EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.\n\n (a) In General.--Any agreement under this Act shall provide that a \nqualified State will establish, for each eligible individual who files \nan application for emergency extended unemployment compensation, an \nemergency extended unemployment compensation account with respect to \nsuch individual's benefit year.\n (b) Amount in Account.--\n (1) In general.--The amount established in an account under \n subsection (a) shall be equal to the lesser of--\n (A) 100 percent of the total amount of regular \n compensation (including dependent's allowances) payable \n to the individual with respect to the benefit year (as \n determined under the State law) on the basis of which \n the individual most recently received regular \n compensation, or\n (B) 13 times the individual's average weekly \n benefit amount for the benefit year.\n (2) Reduction for extended benefits.--The amount in an \n account under subparagraph (1) shall be reduced (but not below \n zero) by the aggregate amount of extended compensation (if any) \n received by such individual relating to the same benefit year \n under the Federal-State Extended Unemployment Compensation Act \n of 1970.\n (c) Effective Date.--No State shall be considered a qualified State \nunder section 7(3) and no emergency extended unemployment compensation \nshall be payable to any individual under this Act for any week--\n (1) beginning before the latest of--\n (A) the first week following the date of enactment \n of this Act,\n (B) the first week following the week in which an \n agreement under this Act is entered into, or\n (C) the first week following the week in which the \n State meets the definition of ``qualified state'' in \n section 7(3) of this Act, and\n (2) beginning 78 weeks after the first week following the \n date of enactment of this Act.\n\nSEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF \n EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION.\n\n (a) General Rule.--There shall be paid to each State which has \nentered into an agreement under this Act an amount equal to 100 percent \nof the emergency extended unemployment compensation paid to individuals \nby the State pursuant to such agreement.\n (b) Treatment of Reimbursable Compensation.--No payment shall be \nmade to any State under this section in respect of any compensation to \nthe extent the State is entitled to reimbursement in respect of such \ncompensation under the provisions of any Federal law other than this \nAct or chapter 85 of title 5, United States Code. A State shall not be \nentitled to any reimbursement under such chapter 85 in respect of any \ncompensation to the extent the State is entitled to reimbursement under \nthis Act in respect of such compensation.\n (c) Determination of Amount.--Sums payable to any State by reason \nof such State having an agreement under this Act shall be payable, \neither in advance or by way of reimbursement (as may be determined by \nthe Secretary), in such amounts as the Secretary estimates the State \nwill be entitled to receive under this Act for each calendar month, \nreduced or increased, as the case may be, by any amount by which the \nSecretary finds that the Secretary's estimates for any prior calendar \nmonths were greater or less than the amounts which should have been \npaid to the State. Such estimates may be made on the basis of such \nstatistical, sampling, or other method as may be agreed upon by the \nSecretary and the State agency of the State involved.\n\nSEC. 5. FINANCING PROVISIONS.\n\n (a) In General.--Funds in the extended unemployment compensation \naccounts (as established by section 905 of the Social Security Act) of \nthe Unemployment Trust Fund shall be used for the making of payments to \nStates having agreements entered into under this Act.\n (b) Certification.--The Secretary shall from time to time certify \nto the Secretary of the Treasury for payment to each State the sums \npayable to such State under this Act. The Secretary of the Treasury \nprior to audit or settlement by the General Accounting Office, shall \nmake payments to the State in accordance with such certification, by \ntransfers from the extended unemployment compensation account (as \nestablished by section 905 of the Social Security Act) to the account \nof such State in the Unemployment Trust Fund.\n (c) Assistance to the States.--There are hereby authorized to be \nappropriated out of the employment security administration account (as \nestablished by section 901 of the Social Security Act), without fiscal \nyear limitation, such funds as may be necessary for purposes of \nassisting States (as provided in title III of the Social Security Act) \nin meeting the costs of administration of agreements under this Act.\n (d) Authorization of Appropriations for Certain Payments.--There \nare hereby authorized to be appropriated from the general fund of the \nTreasury, without fiscal year limitation, to the extended unemployment \ncompensation account (as established by section 905 of the Social \nSecurity Act) such sums as may be necessary for to make payments under \nthis section in respect of--\n (1) compensation payable under chapter 85 of title 5, \n United States Code, and\n (2) compensation payable on the basis of services to which \n section 3309(a)(1) of the Internal Revenue Code of 1986 \n applies.\nAmounts appropriated pursuant to the preceding sentences shall not be \nrequired to be repaid.\n\nSEC. 6. FRAUD AND OVERPAYMENTS.\n\n (a) In General.--If an individual knowingly has made, or caused to \nbe made by another, a false statement or representation of a material \nfact, or knowingly has failed, or caused another to fail, to disclose a \nmaterial fact, and as a result of such false statement or \nrepresentation or of such nondisclosure such individual has received an \namount of emergency extended unemployment compensation under this Act \nto which he was not entitled, such individual shall be ineligible for \nfurther emergency extended unemployment compensation under this Act in \naccordance with the provisions of the applicable State unemployment \ncompensation law relating to fraud in connection with a claim for \nunemployment compensation.\n (b) Repayment.--In the case of individuals who have received \namounts of emergency extended employment compensation under this Act to \nwhich they were not entitled, the State shall require such individuals \nto repay the amounts of such emergency extended unemployment \ncompensation to the State agency, except that the State agency may \nwaive such repayment if it determines that--\n (1) the payment of such emergency extended unemployment \n benefits was without fault on the part of any such individual, \n and\n (2) such repayment would be contrary to equity and good \n conscience.\n (c) Recovery by State Agency.--\n (1) In general.--The State agency may recover the amount to \n be repaid, or any part thereof, by deductions from any \n emergency extended unemployment compensation payable to such \n individual under this Act or from any unemployment compensation \n payable to such individual under any Federal unemployment \n compensation law administered by the State agency or under any \n other Federal law administered by the State agency which \n provides for the payment of any assistance or allowance with \n respect to any week of unemployment during the three year \n period after the date such individuals received the payment of \n emergency extended unemployment benefits to which they were not \n entitled.\n (2) Opportunity for Hearing.--No repayment shall be \n required, and no deduction shall be made, until a determination \n has been made, notice thereof and an opportunity for a fair \n hearing has been given to the individual, and the determination \n has become final.\n (d) Review.--Any determination by a State agency under this section \nshall be subject to review in the same manner and to the same extent as \ndetermination under the State unemployment compensation law, and only \nin that manner and to that extent.\n\nSEC. 7. DEFINITIONS.\n\n (a) In General.--The terms ``compensation'', ``regular \ncompensation'', ``extended compensation'', ``additional compensation'', \n``benefit year'', ``base period'', ``State'', ``State agency'', ``State \nlaw'', and ``week'' have the respective meanings given such terms under \nsection 205 of the Federal-State Extended Unemployment Compensation Act \nof 1970.\n (b) Period of Eligibility.--An individual's period of eligibility \nconsists of any week for which the State against which the individual \nfiles a claim is a qualified state as provided in section 3(c) of this \nAct and paragraph (c) of this section.\n (c) Qualified State.--\n (1) The term ``qualified state'' means a State--\n (A) within which, not later than October 1, 2001, a \n major disaster or an emergency was declared by the \n President, pursuant to sections 401 or 501, \n respectively, of the Robert T. Stafford Disaster Relief \n and Emergency Assistance Act (42 U.S.C. 5170 and 5191), \n due to a terrorist attack on the United States on \n September 11, 2001, or\n (B) in which the Secretary determines that the \n average rate of total unemployment (seasonally \n adjusted) for the period consisting of the most recent \n 3 months for which data for all States are published is \n at least 30 percent higher than the average rate of \n total unemployment (seasonally adjusted) in such State \n for the three month period ending August 31, 2001.\n (2)(A) Except as provided in clause (B), a State shall \n cease to be a qualified State under subparagraph (1)(B) \n beginning the third week after the week in which the Secretary \n determines that such State's average rate of total unemployment \n (seasonally adjusted) is no longer at least 30 percent higher \n than the average rate of total unemployment (seasonally \n adjusted) in such State for the three month period ending \n August 31, 2001.\n (B) A State that is determined to meet the requirements of \n subparagraph (1)(B) shall remain a qualified State for the \n purposes of this Act for a period of not less than thirteen \n consecutive weeks following such determination, provided that \n no emergency extended unemployment benefits shall be payable \n after the date specified in section 3(c)(2).\n (3) Any rate determined by the Secretary under this \n paragraph shall be rounded to the nearest one-tenth of 1 \n percent.\n\nSEC. 8. NATIONAL EMERGENCY GRANT ASSISTANCE FOR WORKERS.\n\n (a) Eligibility for Grants.--Section 173(a) of the Workforce \nInvestment Act of 1998 (29 U.S.C. 2918(a)) is amended--\n (1) in paragraph (2), by striking ``and'',\n (2) in paragraph (3) by striking the period and inserting \n ``; and'', and\n (3) by adding the following new paragraph after paragraph \n (3):\n ``(4) from funds appropriated under section 174(c), to a \n State to provide employment and training assistance and the \n assistance described in subsection (f) to dislocated workers \n affected by a plant closure, mass layoff, or multiple layoffs \n if the Governor certifies in the application for assistance \n that the attacks of September 11, 2001, contributed importantly \n to such plant closures, mass layoffs, and multiple layoffs.''.\n (b) Use of Funds for COBRA Continuation Coverage Payments.--Section \n173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended \nby adding the following subsection after subsection (e):\n ``(f) COBRA Continuation Coverage Payment Requirements.--\n ``(1) In general.--Funds made available to a State under \n paragraph (4) of subsection (a) may be used by the State to \n assist a participant in the program under such paragraph by \n paying up to 75 percent of the participant's and any \n dependents' contribution for COBRA continuation coverage of the \n participant and dependents for a period not to exceed 10 \n months.\n ``(2) Definition.--For purposes of paragraph (1), the term \n `COBRA continuation coverage' means coverage under a group \n health plan provided by an employer pursuant to title XXII of \n the Public Health Service Act, section 4980B of the Internal \n Revenue Code of 1986, part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974, or section \n 8905a of title 5, United States Code.''.\n (c) Authorization of Appropriations.--Section 174 of the Workforce \nInvestment Act of 1998 (29 U.S.C. 2919) is amended by adding the \nfollowing subsection after subsection (b):\n ``(c) National Emergency Grants Relating to September 11 Attacks.--\nThere are authorized to be appropriated to carry out subsection (a)(4) \nof section 173 $3,000,000,000 for fiscal year 2002. Funds appropriated \nunder this subsection shall be available for obligation for a period \nbeginning with the date of enactment of such appropriations and ending \n18 months thereafter.''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this section.","summary":"Emergency Extended Unemployment Compensation Act of 2001 - Provides for a program of emergency extended unemployment compensation (EEUC). Sets forth EEUC program requirements for Federal-State agreements, formulae for determining amounts in individual EEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation . Reduces an individual EEUC account by the aggregate amount of any extended compensation for the same benefit year. Makes EEUC agreements applicable to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into. And (2) ending before the date that is 18 months after enactment of this Act. Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.","title":"A bill to provide for the payment of emergency extended unemployment compensation.","text_len":18830,"sum_len":1257} {"bill_id":"115_hr2454","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Department of Homeland Security Data \nFramework Act of 2018''.\nSEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.\n (a) In General.--\n (1) Development.--The Secretary of Homeland Security shall \n develop a data framework to integrate existing Department of \n Homeland Security datasets and systems, as appropriate, for access \n by authorized personnel in a manner consistent with relevant legal \n authorities and privacy, civil rights, and civil liberties policies \n and protections.\n (2) Requirements.--In developing the framework required under \n paragraph (1), the Secretary of Homeland Security shall ensure, in \n accordance with all applicable statutory and regulatory \n requirements, the following information is included:\n (A) All information acquired, held, or obtained by an \n office or component of the Department of Homeland Security that \n falls within the scope of the information sharing environment, \n including homeland security information, terrorism information, \n weapons of mass destruction information, and national \n intelligence.\n (B) Any information or intelligence relevant to priority \n mission needs and capability requirements of the homeland \n security enterprise, as determined appropriate by the \n Secretary.\n (b) Data Framework Access.--\n (1) In general.--The Secretary of Homeland Security shall \n ensure that the data framework required under this section is \n accessible to employees of the Department of Homeland Security who \n the Secretary determines--\n (A) have an appropriate security clearance;\n (B) are assigned to perform a function that requires access \n to information in such framework; and\n (C) are trained in applicable standards for safeguarding \n and using such information.\n (2) Guidance.--The Secretary of Homeland Security shall--\n (A) issue guidance for Department of Homeland Security \n employees authorized to access and contribute to the data \n framework pursuant to paragraph (1); and\n (B) ensure that such guidance enforces a duty to share \n between offices and components of the Department when accessing \n or contributing to such framework for mission needs.\n (3) Efficiency.--The Secretary of Homeland Security shall \n promulgate data standards and instruct components of the Department \n of Homeland Security to make available information through the data \n framework required under this section in a machine-readable \n standard format, to the greatest extent practicable.\n (c) Exclusion of Information.--The Secretary of Homeland Security \nmay exclude information from the data framework required under this \nsection if the Secretary determines inclusion of such information may--\n (1) jeopardize the protection of sources, methods, or \n activities;\n (2) compromise a criminal or national security investigation;\n (3) be inconsistent with other Federal laws or regulations; or\n (4) be duplicative or not serve an operational purpose if \n included in such framework.\n (d) Safeguards.--The Secretary of Homeland Security shall \nincorporate into the data framework required under this section systems \ncapabilities for auditing and ensuring the security of information \nincluded in such framework. Such capabilities shall include the \nfollowing:\n (1) Mechanisms for identifying insider threats.\n (2) Mechanisms for identifying security risks.\n (3) Safeguards for privacy, civil rights, and civil liberties.\n (e) Deadline for Implementation.--Not later than 2 years after the \ndate of enactment of this Act, the Secretary of Homeland Security shall \nensure the data framework required under this section has the ability \nto include appropriate information in existence within the Department \nof Homeland Security to meet the critical mission operations of the \nDepartment of Homeland Security.\n (f) Notice to Congress.--\n (1) Status updates.--The Secretary of Homeland Security shall \n submit to the appropriate congressional committees regular updates \n on the status of the data framework until the framework is fully \n operational.\n (2) Operational notification.--Not later than 60 days after the \n date on which the data framework required under this section is \n fully operational, the Secretary of Homeland Security shall provide \n notice to the appropriate congressional committees that the data \n framework is fully operational.\n (3) Value added.--The Secretary of Homeland Security shall \n annually brief Congress on component use of the data framework \n required under this section to support operations that disrupt \n terrorist activities and incidents in the homeland.\n (g) Definitions.--In this section:\n (1) Appropriate congressional committee; homeland.--The terms \n ``appropriate congressional committee'' and ``homeland'' have the \n meaning given those terms in section 2 of the Homeland Security Act \n of 2002 (6 U.S.C. 101).\n (2) Homeland security information.--The term ``homeland \n security information'' has the meaning given such term in section \n 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).\n (3) National intelligence.--The term ``national intelligence'' \n has the meaning given such term in section 3(5) of the National \n Security Act of 1947 (50 U.S.C. 3003(5)).\n (4) Terrorism information.--The term ``terrorism information'' \n has the meaning given such term in section 1016 of the Intelligence \n Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Department of Homeland Security Data Framework Act of 2017 This bill directs the Department of Homeland Security (DHS) to: (1) develop a data framework to integrate existing DHS datasets and systems for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections. (2) ensure that all information of a DHS office or component that falls within the scope of the information sharing environment, and any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, is included. And (3) ensure that the framework is accessible to DHS employees who have an appropriate security clearance, who are assigned to perform a function that requires access, and who are trained in applicable standards for safeguarding and using such information. DHS shall: (1) issue guidance for DHS employees authorized to access and contribute to the framework that enforces a duty to share between DHS offices and components for mission needs. And (2) promulgate data standards and instruct DHS components to make available information through the framework in a machine-readable format. DHS may exclude information that could: jeopardize the protection of sources, methods, or activities, compromise a criminal or national security investigation, be inconsistent with the other federal laws or regulations. Or be duplicative or not serve an operational purpose. DHS shall incorporate into such framework systems capabilities for auditing and ensuring the security of information. Such capabilities shall include: (1) mechanisms for identifying insider threats and security risks. And (2) safeguards for privacy, civil rights, and civil liberties. DHS shall ensure that, by two years after this bill's enactment, the framework has the ability to include appropriate information in existence within the department to meet its critical mission operations.","title":"Department of Homeland Security Data Framework Act of 2017","text_len":6075,"sum_len":1993} {"bill_id":"111_hr6132","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Veterans Benefits \nand Economic Welfare Improvement Act of 2010''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Military transition program.\nSec. 3. Waiver of claim development period for claims under laws \n administered by Secretary of Veterans \n Affairs.\nSec. 4. Tolling of timing of review for appeals of final decisions of \n Board of Veterans' Appeals.\nSec. 5. Exclusion of certain amounts from determination of annual \n income with respect to pensions for \n veterans and surviving spouses and children \n of veterans.\nSec. 6. Extension of authority of Secretary of Veterans Affairs to \n obtain certain income information from \n other agencies.\nSec. 7. VetStar Award program.\nSec. 8. Increase in amount of pension for Medal of Honor recipients.\nSec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010.\n\nSEC. 2. MILITARY TRANSITION PROGRAM.\n\n (a) In General.--Chapter 41 of title 38, United States Code, is \namended by inserting after section 4114 the following new section:\n``Sec. 4115. Military transition program\n ``(a) Establishment; Eligibility.--(1) Subject to the availability \nof appropriations for such purpose, the Secretary of Veterans Affairs \nand the Assistant Secretary of Labor for Veterans' Employment and \nTraining shall jointly carry out a program of training to provide \neligible veterans with skills relevant to the job market.\n ``(2) For purposes of this section, the term `eligible veteran' \nmeans any veteran whom the Secretary of Veterans Affairs determines--\n ``(A) is not otherwise eligible for education or training \n services under this title;\n ``(B) has not acquired a marketable skill since being \n separated or released from service in the Armed Forces;\n ``(C) was discharged under honorable conditions; and\n ``(D)(i) has been unemployed for at least 90 days during \n the 180-day period preceding the date of application for the \n program established under this section; or\n ``(ii) during such 180-day period received a maximum hourly \n rate of pay of not more than 150 percent of the Federal minimum \n wage.\n ``(b) Apprenticeship or On-the-Job Training Program.--The program \nestablished under this section shall provide for payments to employers \nwho provide for eligible veterans a program of apprenticeship or on-\nthe-job training if--\n ``(1) such program is approved as provided in paragraph (1) \n or (2) of section 3687(a) of this title;\n ``(2) the rate of pay for veterans participating in the \n program is not less than the rate of pay for nonveterans in \n similar jobs; and\n ``(3) the Assistant Secretary of Labor for Veterans' \n Employment and Training reasonably expects that--\n ``(A) the veteran will be qualified for employment \n in that field upon completion of training; and\n ``(B) the employer providing the program will \n continue to employ the veteran at the completion of \n training.\n ``(c) Payments to Employers.--(1) Subject to the availability of \nappropriations for such purpose, the Assistant Secretary of Labor for \nVeterans' Employment and Training shall enter into contracts with \nemployers to provide programs of apprenticeship or on-the-job training \nthat meet the requirements of this section. Each such contract shall \nprovide for the payment of the amounts described in paragraph (2) to \nemployers whose programs meet such requirements.\n ``(2) The amount paid under this section with respect to any \neligible veteran for any period shall be 50 percent of the wages paid \nby the employer to such veteran for such period. Wages shall be \ncalculated on an hourly basis.\n ``(3)(A) Except as provided in subparagraph (B)--\n ``(i) the amount paid under this section with respect to a \n veteran participating in the program established under this \n section may not exceed $20,000 in the aggregate or $1,666.67 \n per month; and\n ``(ii) such payments may only be made during the first 12 \n months of such veteran's participation in the program.\n ``(B) In the case of a veteran participating in the program on a \nless than full-time basis, the Assistant Secretary of Labor for \nVeterans' Employment and Training may extend the number of months of \npayments under subparagraph (A) and proportionally adjust the amount of \nsuch payments, but the aggregate amount paid with respect to such \nveteran may not exceed $20,000 and the maximum number of months of such \npayments may not exceed 24 months.\n ``(4) Payments under this section shall be made on a quarterly \nbasis.\n ``(5) Each employer providing a program of apprenticeship or on-\nthe-job training pursuant to this section shall submit to the Assistant \nSecretary of Labor for Veterans' Employment and Training on a quarterly \nbasis a report certifying the wages paid to eligible veterans under \nsuch program (which shall be certified by the veteran as being correct) \nand containing such other information as the Assistant Secretary may \nspecify. Such report shall be submitted in the form and manner required \nby the Assistant Secretary.\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $10,000,000 for each fiscal year \nfor which the program is carried out.\n ``(e) Reporting.--The Secretary of Veterans Affairs, in \ncoordination with the Assistant Secretary of Labor for Veterans' \nEmployment and Training, shall include a description of activities \ncarried out under this section in the annual report prepared submitted \nunder section 529 of this title.\n ``(f) Termination.--The authority to carry out a program under this \nsection shall terminate on September 30, 2016.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n4114 the following new item:\n\n``4115. Military transition program.''.\n (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 \nof such title is amended by striking ``and 3687'' and inserting ``3687, \nand 4115''.\n (2) Subsections (a)(1) and (c) of section 3241 of such title are \neach amended by striking ``section 3687'' and inserting ``sections 3687 \nand 4115''.\n (3) Subsection (d)(1) of section 3672 of such title is amended by \nstriking ``and 3687'' and inserting ``3687, and 4115''.\n (4) Paragraph (3) of section 4102A(b) of such title is amended by \nstriking ``section 3687'' and inserting ``section 3687 or 4115''.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date that is one year after the date of the enactment of \nthis Act.\n\nSEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS \n ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.\n\n (a) In General.--Section 5101 of title 38, United States Code, is \namended by adding at the end the following new subsection:\n ``(d)(1) If a claimant submits to the Secretary a claim that the \nSecretary determines is a fully developed claim, the Secretary shall \nprovide--\n ``(A) the claimant with the opportunity to waive any claim \n development period otherwise made available by the Secretary \n with respect to such claim; and\n ``(B) expeditious treatment to such claim.\n ``(2) If a person submits to the Secretary any written notification \nsufficient to inform the Secretary that the person plans to submit a \nfully developed claim and, not later than one year after submitting \nsuch notification submits to the Secretary a claim that the Secretary \ndetermines is a fully developed claim, the Secretary shall provide \nexpeditious treatment to the claim.\n ``(3) If the Secretary determines that a claim submitted by a \nclaimant as a fully developed claim is not fully developed, the \nSecretary shall provide such claimant with the notice described in \nsection 5103(a) within 30 days after the Secretary makes such \ndetermination.\n ``(4) For purposes of this section:\n ``(A) The term `fully developed claim' means a claim--\n ``(i) for which the claimant--\n ``(I) received assistance from a veterans \n service officer, a State or county veterans \n service organization, an agent, or an attorney; \n or\n ``(II) submits, together with the claim, an \n appropriate indication that the claimant does \n not intend to submit any additional information \n or evidence in support of the claim and does \n not require additional assistance with respect \n to the claim; and\n ``(ii) for which the claimant or the claimant's \n representative, if any, each signs, dates, and submits \n a certification in writing stating that, as of such \n date, no additional information or evidence is \n available or needs to be submitted in order for the \n claim to be adjudicated.\n ``(B) The term `expeditious treatment' means, with respect \n to a claim for benefits under the laws administered by the \n Secretary, treatment of such claim so that the claim is fully \n processed and adjudicated within 90 days after the Secretary \n receives an application for such claim.''.\n (b) Appeals Form Availability.--Subsection (b) of section 5104 of \nsuch title is amended--\n (1) by striking ``and (2)'' and inserting ``(2)''; and\n (2) by inserting before the period at the end the \n following: ``, and (3) any form or application required by the \n Secretary to appeal such decision''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to claims submitted on or after the date of the \nenactment of this Act.\n\nSEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF \n BOARD OF VETERANS' APPEALS.\n\n (a) In General.--Section 7266(a) of title 38, United States Code, \nis amended--\n (1) by striking ``In order'' and inserting ``(1) Except as \n provided in paragraph (2), in order''; and\n (2) by adding at the end the following new paragraph:\n ``(2)(A) The 120-day period described in paragraph (1) shall be \nextended upon a showing of good cause for such time as justice may \nrequire.\n ``(B) For purposes of this paragraph, it shall be considered good \ncause if a person was unable to file a notice of appeal within the 120-\nday period because of the person's service-connected disability.''.\n (b) Applicability.--\n (1) In general.--Paragraph (2) of section 7266(a) of such \n title, as added by subsection (a), shall apply to a notice of \n appeal filed with respect to a final decision of the Board of \n Veterans' Appeals that was issued on or after July 24, 2008.\n (2) Reinstatement.--Any petition for review filed with the \n Court of Appeals for Veterans Claims that was dismissed by such \n Court on or after July 24, 2008, as untimely, shall, upon the \n filing of a petition by an adversely affected person filed not \n later than six months after the date of the enactment of this \n Act, be reinstated upon a showing that the petitioner had good \n cause for filing the petition on the date it was filed.\n\nSEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL \n INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND \n SURVIVING SPOUSES AND CHILDREN OF VETERANS.\n\n (a) Certain Amounts Paid for Reimbursements and for Pain and \nSuffering.--Paragraph (5) of section 1503(a) of title 38, United States \nCode, is amended to read as follows:\n ``(5) payments regarding--\n ``(A) reimbursements of any kind (including \n insurance settlement payments) for--\n ``(i) expenses related to the repayment, \n replacement, or repair of equipment, vehicles, \n items, money, or property resulting from--\n ``(I) any accident (as defined in \n regulations which the Secretary shall \n prescribe), but the amount excluded \n under this subclause shall not exceed \n the greater of the fair market value or \n reasonable replacement value of the \n equipment or vehicle involved at the \n time immediately preceding the \n accident;\n ``(II) any theft or loss (as \n defined in regulations which the \n Secretary shall prescribe), but the \n amount excluded under this subclause \n shall not exceed the greater of the \n fair market value or reasonable \n replacement value of the item or the \n amount of the money (including legal \n tender of the United States or of a \n foreign country) involved at the time \n immediately preceding the theft or \n loss; or\n ``(III) any casualty loss (as \n defined in regulations which the \n Secretary shall prescribe), but the \n amount excluded under this subclause \n shall not exceed the greater of the \n fair market value or reasonable \n replacement value of the property \n involved at the time immediately \n preceding the casualty loss; and\n ``(ii) medical expenses resulting from any \n accident, theft, loss, or casualty loss (as \n defined in regulations which the Secretary \n shall prescribe), but the amount excluded under \n this clause shall not exceed the costs of \n medical care provided to the victim of the \n accident, theft, loss, or casualty loss; and\n ``(B) pain and suffering (including insurance \n settlement payments and general damages awarded by a \n court) related to an accident, theft, loss, or casualty \n loss, but the amount excluded under this subparagraph \n shall not exceed an amount determined by the Secretary \n on a case-by-case basis;''.\n (b) Certain Amounts Paid by States and Municipalities as Veterans \nBenefits.--Section 1503(a) of title 38, United States Code, is \namended--\n (1) by striking ``and'' at the end of paragraph (10);\n (2) by redesignating paragraph (11) as paragraph (12); and\n (3) by inserting after paragraph (10) the following new \n paragraph (11):\n ``(11) payment of a monetary amount of up to $5,000 to a \n veteran from a State or municipality that is paid as a \n veterans' benefit due to injury or disease; and''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply with respect to determinations of income for calendar years \nbeginning after October 1, 2011.\n\nSEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO \n OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES.\n\n Section 5317 of title 38, United States Code, is amended by \nstriking ``September 30, 2011'' and inserting ``September 30, 2015''.\n\nSEC. 7. VETSTAR AWARD PROGRAM.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall \nestablish an award program, to be known as the ``VetStar Award \nProgram'', to annually recognize businesses for their contributions to \nveterans' employment.\n (b) Administration.--The Secretary shall establish a process for \nthe administration of the award program, including criteria for--\n (1) categories and sectors of businesses eligible for \n recognition each year; and\n (2) objective measures to be used in selecting businesses \n to receive the award.\n (c) Veteran Defined.--In this section, the term ``veteran'' has the \nmeaning given that term in section 101(2) of title 38, United States \nCode.\n\nSEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS.\n\n Section 1562(a) of title 38, United States Code, is amended by \nstriking ``$1,000'' and inserting ``$2,000''.\n\nSEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, \n\n\n \n\nprovided that such statement has been submitted prior to the vote on \npassage.\n\n Passed the House of Representatives September 28, 2010.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Veterans Benefits and Economic Welfare Improvement Act of 2010 - Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA. (2) has not acquired a marketable skill since being separated or released from military service, (3) was discharged under honorable conditions. And (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150 of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016. Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision. Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses. And (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients. Requires the budgetary effects of this Act to be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, provided such statement has been submitted prior to the vote on passage.","title":"To amend title 38, United States Code, to establish a transition program for new veterans, to improve the disability claim system, and for other purposes.","text_len":18382,"sum_len":2752} {"bill_id":"109_hr2102","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coastal Restoration Tax Credit Act \nof 2005''.\n\nSEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING \n COASTAL LANDS.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING \n COASTAL LANDS.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to the qualified expenditures of the taxpayer for the taxable \nyear.\n ``(b) Limitations.--\n ``(1) Maximum credit.--The credit allowed under subsection \n (a) for a taxable year shall not exceed $2,000,000.\n ``(2) Limitation based on amount of tax.--The credit \n allowed under subsection (a) for the taxable year shall not \n exceed the excess of--\n ``(A) the sum of the regular tax liability (as \n defined in section 26(b)) plus the tax imposed by \n section 55, over\n ``(B) the sum of the credits allowable under \n subpart A and sections 27 and 30A for the taxable year.\n ``(c) Qualified Expenditures.--For purposes of this section--\n ``(1) In general.--The term `qualified expenditures' means \n amounts paid or incurred by the taxpayer for an approved \n project.\n ``(2) Approved project.--The term `approved project' means \n any project approved by the Natural Resources Conservation \n Service to restore or protect coastal lands located in the \n United States.\n ``(d) Carryovers Allowed.--\n ``(1) In general.--If the credit amount allowable under \n subsection (a) for a taxable year exceeds the amount of the \n limitation under subsection (c) for such taxable year (referred \n to as the `unused credit year' in this paragraph), such excess \n shall be allowed as a credit carryforward for each of the \n taxable years following the unused credit year or as a credit \n carryback for each of the taxable years preceeding the unused \n credit year.\n ``(2) Rules.--For purposes of paragraph (1), rules similar \n to the rules of section 39 shall apply, except that--\n ``(A) subsection (a)(1) shall be applied--\n ``(i) by substituting `3 taxable years' for \n `1 taxable years' in subparagraph (A) thereof, \n and\n ``(ii) by substituting `5 taxable years' \n for `20 taxable years' in subparagraph (B) \n thereof, and\n ``(B) subsection (a)(2) shall be applied--\n ``(i) by substituting `8 taxable years' for \n `21 taxable years' in subparagraph (A) thereof, \n and\n ``(ii) by substituting `7 taxable years' \n for `20 taxable years' in subparagraph (B).\n ``(e) Special Rules.--\n ``(1) Basis reduction.--The basis of any property for which \n a credit is allowable under subsection (a) shall be reduced by \n the amount of such credit (determined without regard to \n subsection (b)(2)).\n ``(2) No double benefit.--The amount of any deduction or \n credit allowable under this chapter (other than the credit \n allowable under subsection (a)), shall be reduced by the amount \n of credit allowed under subsection (a) (determined without \n regard to subsection (b)(2)) for the taxable year.\n ``(3) Reduction for assistance.--The amount taken into \n account under subsection (a) with respect to any project shall \n be reduced by the amount of any Federal, State, or local grant \n or other assistance received by the taxpayer during such \n taxable year or any prior taxable year which was used to make \n qualified expenditures and which was not included in the gross \n income of such taxpayer.''.\n (b) Basis Adjustment.--Section 1016(a) of such Code is amended by \nstriking ``and'' at the end of paragraph (30), by striking the period \nat the end of paragraph (31) and inserting ``, and'', and by adding at \nthe end the following new paragraph:\n ``(32) to the extent provided in section 30B(e)(1).''.\n (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 30A the following new \nitem:\n\n``Sec. 30B. Credit for expenses incurred in restoring and protecting \n coastal lands.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2004.","summary":"Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States.","title":"To amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in restoring and protecting coastal lands.","text_len":5063,"sum_len":252} {"bill_id":"108_s1952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mexican Agricultural Trade \nCompliance Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Section 301 of the Trade Act of 1974 provides that, if \n the United States Trade Representative determines that the \n rights of the United States under any trade agreement are being \n denied, the Trade Representative shall take action to enforce \n such rights.\n (2) The Statement of Administrative Action accompanying the \n Uruguay Round Agreements Act provided that the United States \n Trade Representative would base any section 301 determination \n as to whether there has been a violation or denial of United \n States rights under the Uruguay Round Agreements on panel or \n Appellate Body findings adopted by the Dispute Settlement Body \n of the World Trade Organization.\n (3) In a panel report adopted by the Dispute Settlement \n Body on January 27, 2000, the Dispute Settlement Body \n determined that section 301 of the Trade Act of 1974 is not \n inconsistent with United States obligations under the Uruguay \n Round Agreements, particularly in light of the decision of the \n United States to use section 301 only after exhausting its \n rights under the Dispute Settlement Understanding.\n (4) On January 28, 2000, a panel of the World Trade \n Organization determined that Mexico's antidumping order on high \n fructose corn syrup imported from the United States violated \n Mexico's commitments under the Uruguay Round Agreements.\n (5) On February 24, 2000, the Dispute Settlement Body \n adopted the report of the panel.\n (6) On April 10, 2000, the United States and Mexico agreed \n to a September 22, 2000, deadline for Mexico to come into \n compliance with the panel report as adopted by the Dispute \n Settlement Body.\n (7) On September 20, 2000, just 2 days prior to the date \n Mexico had agreed to come into compliance with the panel \n report, Mexico issued a revised antidumping threat \n determination in an obvious attempt to evade its commitment to \n come into compliance with the panel report adopted by the \n Dispute Settlement Body.\n (8) On June 22, 2001, a panel, convened pursuant to Article \n 21.5 of the Dispute Settlement Understanding, found that \n Mexico's revised antidumping threat determination failed to \n bring Mexico into compliance with its commitments under the \n World Trade Organization.\n (9) On October 22, 2001, the Appellate Body affirmed the \n ruling of the Article 21.5 panel and recommended that Mexico \n come into compliance with its obligations under the World Trade \n Organization.\n (10) On November 21, 2001, the Dispute Settlement Body \n adopted the Appellate Body ruling that affirmed the findings of \n the Article 21.5 panel.\n (11) On January 1, 2002, in a transparent attempt to evade \n the determinations of the Dispute Settlement Body regarding \n Mexico's antidumping order on high fructose corn syrup, and in \n an affront to the rules-based system of the World Trade \n Organization, Mexico imposed a de facto discriminatory 20 \n percent tax on soft drinks containing high fructose corn syrup, \n the intent and effect of which is to continue Mexico's \n antidumping order on United States high fructose corn syrup by \n other means by restricting access to the Mexican market.\n (12) On April 20, 2002, with its discriminatory tax on soft \n drinks containing high fructose corn syrup now in place, and in \n a continuous event with the imposition of this tax, Mexico \n lifted its antidumping order on high fructose corn syrup. \n Importantly, Mexico lifted its antidumping order only after \n ensuring that imports of United States high fructose corn syrup \n would not enter the Mexican market due to the imposition of the \n tax on soft drinks. Mexico's lifting of its antidumping order \n enabled it to make the disingenuous claim that it had come into \n compliance with the findings adopted by the Dispute Settlement \n Body regarding Mexico's antidumping order.\n (13) The imposition of the tax on soft drinks and the \n lifting of the antidumping order by Mexico are related aspects \n of a unified effort by Mexico to deny the rights of the United \n States with respect to the trade of high fructose corn syrup.\n (14) The effects of the import restrictions of Mexico's \n antidumping order continue with even more egregious results \n through the imposition of a 20 percent tax on high fructose \n corn syrup. Imports of high fructose corn syrup from the United \n States dropped from 110,893 metric tons in 2001 (the year prior \n to the lifting of the antidumping order) to 4,868 metric tons \n in 2002 (the first year of the tax).\n (15) The United States has exhausted proceedings under the \n Dispute Settlement Understanding, and the Dispute Settlement \n Body has on more than 1 occasion adopted findings adverse to \n Mexico.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Appellate body.--The term ``Appellate Body'' means the \n Appellate Body established under Article 17.1 of the Dispute \nSettlement Understanding.\n (2) Dispute settlement body.--The term ``Dispute Settlement \n Body'' has the meaning given that term in section 121(5) of the \n Uruguay Round Agreements Act (19 U.S.C. 3531(5)).\n (3) Dispute settlement panel; panel.--The terms ``dispute \n settlement panel'' and ``panel'' mean a panel established \n pursuant to Article 6 of the Dispute Settlement Understanding.\n (4) Dispute settlement understanding.--The term ``Dispute \n Settlement Understanding'' means the Understanding on Rules and \n Procedures Governing the Settlement of Disputes referred to in \n section 101(d)(16) of the Uruguay Round Agreements Act (19 \n U.S.C. 3511(d)(16)).\n (5) GATT 1994.--The term ``GATT 1994'' has the meaning \n given such term in section 2(1)(B) of the Uruguay Round \n Agreements Act (19 U.S.C. 3501(1)(B).\n (6) Uruguay round agreements.--The term ``Uruguay Round \n Agreements'' has the meaning given such term in section 2(7) of \n the Uruguay Round Agreements Act (19 U.S.C. 3501(7).\n (7) World trade organization.--The term ``World Trade \n Organization'' means the organization established pursuant to \n the WTO Agreement.\n (8) WTO agreement.--The term ``WTO Agreement'' means the \n Agreement Establishing The World Trade Organization entered \n into on April 15, 1994.\n\nSEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND \n AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO \n HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO.\n\n (a) Determination.--Congress determines that--\n (1) the rights of the United States under the Uruguay Round \n Agreements are being denied by Mexico in connection with the \n imposition by Mexico of a 20 percent tax on soft drinks \n containing high fructose corn syrup, an extension by other \n means of Mexico's unjustified antidumping order on high \n fructose corn syrup from the United States;\n (2) the United States has exhausted proceedings under the \n Dispute Settlement Understanding;\n (3) Mexico's imposition of a tax on high fructose corn \n syrup, an extension by other means of its unjustified \n antidumping order on high fructose corn syrup from the United \n States--\n (A) constitutes an act, policy, or practice by \n Mexico that is unjustifiable and burdens or restricts \n United States commerce for purposes of section \n 304(a)(1) of the Trade Act of 1974 (19 U.S.C. \n 2414(a)(1)); and\n (B) denies rights to which the United States is \n entitled under existing trade agreements with Mexico \n for purposes of such section 304; and\n (4) unless, a certification described in subsection (b) is \n submitted, the United States Trade Representative shall take \n appropriate action under subsection (c).\n (b) Certification.--The certification described in this subsection \nmeans a certification from the United States Trade Representative \nsubmitted to Congress not later than 30 days after the date of \nenactment of this Act that states that Mexico has eliminated its tax on \nsoft drinks containing high fructose corn syrup and is taking \nsatisfactory measures to preserve the rights of the United States under \nall applicable trade agreements with respect to high fructose corn \nsyrup.\n (c) Action To Be Taken by USTR.--If a certification is not made \nunder subsection (b), the United States Trade Representative, not later \nthan 60 days after the date of enactment of this Act and after \nconsultation with the Committee on Finance of the Senate and the \nCommittee on Ways and Means of the House of Representatives, shall, \npursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19 \nU.S.C. 2411(c)(1) (A) and (B))--\n (1) suspend, withdraw, or prevent the application of, \n benefits of trade agreement concessions to carry out a trade \n agreement with Mexico; or\n (2) impose duties or other import restrictions on the goods \n of Mexico, including agricultural products imported from \n Mexico, and notwithstanding any other provision of law, fees or \n restrictions on the services of, Mexico for such time as the \n Trade Representative determines appropriate.","summary":"Mexican Agricultural Trade Compliance Act - Determines that US rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the US Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all US trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico. Or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico.","title":"A bill to direct the United States Trade Representative to enforce United States rights, under certain trade agreements with respect to Mexico, pursuant to title III of the Trade Act of 1974.","text_len":10220,"sum_len":873} {"bill_id":"111_hr6467","text":"SECTION 1. SHORT TITLE; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Middle Class Tax \nRelief Act of 2010''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n (c) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; etc.\n TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT\n\nSec. 101. Middle class tax relief made permanent.\nSec. 102. Certain provisions not applicable to high income individuals.\nSec. 103. Related amendments.\n TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS\n\nSec. 201. Increased limitations on expensing by small businesses of \n certain depreciable assets.\n TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF\n\nSec. 301. Extension of alternative minimum tax relief for nonrefundable \n personal credits.\nSec. 302. Extension of increased alternative minimum tax exemption \n amount.\n TITLE IV--BUDGETARY PROVISION\n\nSec. 401. PAYGO compliance.\n\n TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT\n\nSEC. 101. MIDDLE CLASS TAX RELIEF MADE PERMANENT.\n\n (a) In General.--Section 901 of the Economic Growth and Tax Relief \nReconciliation Act of 2001 shall not apply to the following provisions \nof such Act (and to the amendments made by such provisions):\n (1) Title I (relating to individual income tax rate \n reductions).\n (2) Title II (relating to tax benefits related to \n children).\n (3) Title III (relating to marriage penalty relief).\n (4) Title IV (relating to affordable education provisions).\n (b) Reduced Rates on Capital Gains and Dividends.--The Jobs and \nGrowth Tax Relief Reconciliation Act of 2003 is amended by striking \nsection 303.\n\nSEC. 102. CERTAIN PROVISIONS NOT APPLICABLE TO HIGH INCOME INDIVIDUALS.\n\n (a) Individual Income Tax Rates.--Subsection (i) of section 1 is \namended by striking paragraph (2), by redesignating paragraph (3) as \nparagraph (4), and by inserting after paragraph (1) the following new \nparagraphs:\n ``(2) 25- and 28-Percent rate brackets.--The tables under \n subsections (a), (b), (c), (d), and (e) shall be applied--\n ``(A) by substituting `25%' for `28%' each place it \n appears (before the application of subparagraph (B)), \n and\n ``(B) by substituting `28%' for `31%' each place it \n appears.\n ``(3) 33-Percent rate bracket.--\n ``(A) In general.--In the case of taxable years \n beginning after December 31, 2010--\n ``(i) the rate of tax under subsections \n (a), (b), (c), and (d) on a taxpayer's taxable \n income in the fourth rate bracket shall be 33 \n percent to the extent such income does not \n exceed an amount equal to the excess of--\n ``(I) the applicable amount, over\n ``(II) the dollar amount at which \n such bracket begins, and\n ``(ii) the 36 percent rate of tax under \n such subsections shall apply only to the \n taxpayer's taxable income in such bracket in \n excess of the amount to which clause (i) \n applies.\n ``(B) Applicable amount.--For purposes of this \n paragraph, the term `applicable amount' means the \n excess of--\n ``(i) the applicable threshold, over\n ``(ii) the sum of the following amounts in \n effect for the taxable year:\n ``(I) the basic standard deduction \n (within the meaning of section \n 63(c)(2)), and\n ``(II) the exemption amount (within \n the meaning of section 151(d)(1)) (or, \n in the case of subsection (a), 2 such \n exemption amounts).\n ``(C) Applicable threshold.--For purposes of this \n paragraph, the term `applicable threshold' means--\n ``(i) $250,000 in the case of subsection \n (a),\n ``(ii) $200,000 in the case of subsections \n (b) and (c), and\n ``(iii) \\1\/2\\ the amount applicable under \n clause (i) (after adjustment, if any, under \n subparagraph (E)) in the case of subsection \n (d).\n ``(D) Fourth rate bracket.--For purposes of this \n paragraph, the term `fourth rate bracket' means the \n bracket which would (determined without regard to this \n paragraph) be the 36-percent rate bracket.\n ``(E) Inflation adjustment.--For purposes of this \n paragraph, a rule similar to the rule of paragraph \n (1)(C) shall apply with respect to taxable years \n beginning in calendar years after 2010, applied by \n substituting `2008' for `1992' in subsection \n (f)(3)(B).''.\n (b) Phaseout of Personal Exemptions and Itemized Deductions.--\n (1) Overall limitation on itemized deductions.--Section 68 \n is amended--\n (A) by striking ``the applicable amount'' the first \n place it appears in subsection (a) and inserting ``the \n applicable threshold in effect under section 1(i)(3)'',\n (B) by striking ``the applicable amount'' in \n subsection (a)(1) and inserting ``such applicable \n threshold'',\n (C) by striking subsection (b) and redesignating \n subsections (c), (d), and (e) as subsections (b), (c), \n and (d), respectively, and\n (D) by striking subsections (f) and (g).\n (2) Phaseout of deductions for personal exemptions.--\n (A) In general.--Paragraph (3) of section 151(d) is \n amended--\n (i) by striking ``the threshold amount'' in \n subparagraphs (A) and (B) and inserting ``the \n applicable threshold in effect under section \n 1(i)(3)'',\n (ii) by striking subparagraph (C) and \n redesignating subparagraph (D) as subparagraph \n (C), and\n (iii) by striking subparagraphs (E) and \n (F).\n (B) Conforming amendment.--Paragraph (4) of section \n 151(d) is amended--\n (i) by striking subparagraph (B),\n (ii) by redesignating clauses (i) and (ii) \n of subparagraph (A) as subparagraphs (A) and \n (B), respectively, and by indenting such \n subparagraphs (as so redesignated) accordingly, \n and\n (iii) by striking all that precedes ``in a \n calendar year after 1989,'' and inserting the \n following:\n ``(4) Inflation adjustment.--In the case of any taxable \n year beginning''.\n (c) Reduced Rate on Capital Gains and Dividends.--\n (1) In general.--Paragraph (1) of section (1)(h) is amended \n by striking subparagraph (C), by redesignating subparagraphs \n (D) and (E) as subparagraphs (E) and (F) and by inserting after \n subparagraph (B) the following new subparagraphs:\n ``(C) 15 percent of the lesser of--\n ``(i) so much of the adjusted net capital \n gain (or, if less, taxable income) as exceeds \n the amount on which a tax is determined under \n subparagraph (B), or\n ``(ii) the excess (if any) of--\n ``(I) the amount of taxable income \n which would (without regard to this \n subsection) be taxed at a rate below 36 \n percent, over\n ``(II) the sum of the amounts on \n which tax is determined under \n subparagraphs (A) and (B),\n ``(D) 20 percent of the adjusted net capital gain \n (or, if less, taxable income) in excess of the sum of \n the amounts on which tax is determined under \n subparagraphs (B) and (C),''.\n (2) Dividends.--Subparagraph (A) of section 1(h)(11) is \n amended by striking ``qualified dividend income'' and inserting \n ``so much of the qualified dividend income as does not exceed \n the excess (if any) of--\n ``(i) the amount of taxable income which \n would (without regard to this subsection) be \n taxed at a rate below 36 percent, over\n ``(ii) taxable income reduced by qualified \n dividend income.''.\n (3) Minimum tax.--Section 55 is amended by adding at the \n end the following new subsection:\n ``(f) Application of Maximum Rate of Tax on Net Capital Gain of \nNoncorporate Taxpayers.--In the case of taxable years beginning after \nDecember 31, 2010, the amount determined under subparagraph (C) of \nsubsection (b)(3) shall be the sum of--\n ``(1) 15 percent of the lesser of--\n ``(A) so much of the adjusted net capital gain (or, \n if less, taxable excess) as exceeds the amount on which \n tax is determined under subparagraph (B) of subsection \n (b)(3), or\n ``(B) the excess described in section \n 1(h)(1)(C)(ii), plus\n ``(2) 20 percent of the adjusted net capital gain (or, if \n less, taxable excess) in excess of the sum of the amounts on \n which tax is determined under subsection (b)(3)(B) and \n paragraph (1).''.\n (4) Conforming amendments.--\n (A) The following provisions are amended by \n striking ``15 percent'' and inserting ``20 percent'':\n (i) Section 1445(e)(1).\n (ii) The second sentence of section \n 7518(g)(6)(A).\n (iii) Section 53511(f)(2) of title 46, \n United States Code.\n (B) Sections 531 and 541 are each amended by \n striking ``15 percent of'' and inserting ``the product \n of the highest rate of tax under section 1(c) and''.\n (C) Section 1445(e)(6) is amended by striking ``15 \n percent (20 percent in the case of taxable years \n beginning after December 31, 2010)'' and inserting ``20 \n percent''.\n (d) Effective Dates.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to taxable years \n beginning after December 31, 2010.\n (2) Withholding.--The amendments made by subparagraphs \n (A)(i) and (C) of subsection (c)(4) shall apply to amounts paid \n on or after January 1, 2011.\n\nSEC. 103. RELATED AMENDMENTS.\n\n (a) Application of Increase in Refundable Portion of Child Tax \nCredit.--\n (1) In general.--Subsection (d) of section 24 is amended--\n (A) by striking ``$10,000'' in paragraph (1)(B)(i) \n and inserting ``$3,000'', and\n (B) by striking paragraphs (3) and (4).\n (2) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2010.\n (b) Application of Increase in Earned Income Tax Credit.--\n (1) In general.--Subparagraph (B) of section 32(b)(2) is \n amended to read as follows:\n ``(B) Joint returns.--\n ``(i) In general.--In the case of a joint \n return filed by an eligible individual and such \n individual's spouse, the phaseout amount \n determined under subparagraph (A) shall be \n increased by $5,000.\n ``(ii) Inflation adjustment.--In the case \n of any taxable year beginning after 2010, the \n $5,000 amount in clause (i) shall be increased \n by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the cost of living \n adjustment determined under section \n 1(f)(3) for the calendar year in which \n the taxable year begins determined by \n substituting `calendar year 2008' for \n `calendar year 1992' in subparagraph \n (B) thereof.\n Subparagraph (A) of subsection (j)(2) shall \n apply after taking into account any increase \n under the preceding sentence.''.\n (2) Conforming amendment.--Subsection (b) of section 32 is \n amended by striking paragraph (3).\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2010.\n (c) Application to Adoption Credit and Adoption Assistance \nPrograms.--Subsection (c) of section 10909 of the Patient Protection \nand Affordable Care Act is amended to read as follows:\n ``(c) The amendments made by this section shall not apply to \ntaxable years beginning after December 31, 2011.''.\n\n TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS\n\nSEC. 201. INCREASED LIMITATIONS ON EXPENSING BY SMALL BUSINESSES OF \n CERTAIN DEPRECIABLE ASSETS.\n\n (a) Dollar Limitation.--Subparagraph (C) of section 179(b)(1) is \namended by striking ``$25,000'' and inserting ``$125,000''.\n (b) Threshold at Which Phaseout Begins.--Subparagraph (C) of \nsection 179(b)(2) is amended by striking ``$200,000'' and inserting \n``$500,000''.\n (c) Inflation Adjustment.--Subsection (b) of section 179 is amended \nby adding at the end the following new paragraph:\n ``(6) Inflation adjustments.--\n ``(A) In general.--In the case of any taxable \n beginning in a calendar year after 2011, the $125,000 \n and $500,000 amounts in paragraphs (1)(C) and (2)(C) \n shall each be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins \n determined by substituting `calendar year 2006' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--\n ``(i) Dollar limitation.--If the amount in \n paragraph (1) as increased under subparagraph \n (A) is not a multiple of $1,000, such amount \n shall be rounded to the nearest multiple of \n $1,000.\n ``(ii) Phaseout amount.--If the amount in \n paragraph (2) as increased under subparagraph \n (A) is not a multiple of $10,000, such amount \n shall be rounded to the nearest multiple of \n $10,000.''.\n (d) Authority To Revoke Election Made Permanent.--Paragraph (2) of \nsection 179(c) is amended by striking ``and before 2012''.\n (e) Treatment of Certain Computer Software as Section 179 Property \nMade Permanent.--Clause (ii) of section 179(d)(1)(A) is amended by \nstriking ``and before 2012''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\n TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF\n\nSEC. 301. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE \n PERSONAL CREDITS.\n\n (a) In General.--Paragraph (2) of section 26(a) is amended--\n (1) by striking ``2000, 2001, 2002, 2003, 2004, 2005, 2006, \n 2007, 2008, or 2009'' and inserting ``the period beginning with \n calendar year 2000 and ending with calendar year 2011'', and\n (2) by striking ``2009'' in the heading thereof and \n inserting ``2011''.\n (b) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2009.\n\nSEC. 302. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION \n AMOUNT.\n\n (a) In General.--Paragraph (1) of section 55(d) is amended--\n (1) by striking ``($70,950 in the case of taxable years \n beginning in 2009)'' in subparagraph (A) and inserting \n ``($72,450 in the case of taxable years beginning in 2010 or \n 2011)'', and\n (2) by striking ``($46,700 in the case of taxable years \n beginning in 2009)'' in subparagraph (B) and inserting \n ``($47,450 in the case of taxable years beginning in 2010 or \n 2011)''.\n (b) Nonapplication of EGTRRA Sunset.--Section 901 of the Economic \nGrowth and Tax Relief Reconciliation Act of 2001 shall not apply to the \namendments made by section 701 of such Act.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2009.\n\n TITLE IV--BUDGETARY PROVISION\n\nSEC. 401. PAYGO COMPLIANCE.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.","summary":"Middle Class Tax Relief Act of 2010 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2010 (EGTRRA) inapplicable to provisions of that Act relating to individual income tax rate reductions, tax benefits related to children and adoption, marriage penalty relief, and education. Repeals the terminating date of the Jobs Growth Tax Relief Reconciliation Act of 2003 that applies to reductions in the tax rate for capital gains and dividend income, subject to the income thresholds set forth by this Act. Amends the Internal Revenue Code to: (1) establish permanent reductions in income tax rates for individual taxpayers whose adjusted gross income is $200,000 or less. (2) allow a permanent exemption from limitations on itemized tax deductions and personal exemptions for individual taxpayers whose adjusted gross income is $200,000 or less. (3) allow a 15 tax rate on capital gains and dividend income for individual taxpayers whose adjusted gross income is $200,000 or less. (4) allow a permanent increase in the refundable portion of the child tax credit. (5) make permanent the increased earned income tax credit and the modifications to such credit enacted by EGTRRA. (6) make permanent the increased ($125,000) expensing allowance for depreciable business and investment property. And (7) extend through 2011 the increased alternative minimum tax (AMT) exemption amounts and the offset against the AMT for certain nonrefundable personal tax credits. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.","title":"To amend the Internal Revenue Code of 1986 to provide middle class tax relief, and for other purposes.","text_len":19455,"sum_len":1608} {"bill_id":"103_hr4180","text":"TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION\n\nSEC. 101. SHORT TITLE.\n\n This title may be cited as the ``Federally Recognized Indian Tribe \nList Act of 1994''.\n\nSEC. 102. DEFINITIONS.\n\n For the purposes of this title:\n (1) The term ``Secretary'' means the Secretary of the Interior.\n (2) The term ``Indian tribe'' means any Indian or Alaska Native \n tribe, band, nation, pueblo, village or community that the \n Secretary of the Interior acknowledges to exist as an Indian tribe.\n (3) The term ``list'' means the list of recognized tribes \n published by the Secretary pursuant to section 104 of this title.\n\nSEC. 103. FINDINGS.\n\n The Congress finds that--\n (1) the Constitution, as interpreted by Federal case law, \n invests Congress with plenary authority over Indian Affairs;\n (2) ancillary to that authority, the United States has a trust \n responsibility to recognized Indian tribes, maintains a government-\n to-government relationship with those tribes, and recognizes the \n sovereignty of those tribes;\n (3) Indian tribes presently may be recognized by Act of \n Congress; by the administrative procedures set forth in part 83 of \n the Code of Federal Regulations denominated ``Procedures for \n Establishing that an American Indian Group Exists as an Indian \n Tribe;'' or by a decision of a United States court;\n (4) a tribe which has been recognized in one of these manners \n may not be terminated except by an Act of Congress;\n (5) Congress has expressly repudiated the policy of terminating \n recognized Indian tribes, and has actively sought to restore \n recognition to tribes that previously have been terminated;\n (6) the Secretary of the Interior is charged with the \n responsibility of keeping a list of all federally recognized \n tribes;\n (7) the list published by the Secretary should be accurate, \n regularly updated, and regularly published, since it is used by the \n various departments and agencies of the United States to determine \n the eligibility of certain groups to receive services from the \n United States; and\n (8) the list of federally recognized tribes which the Secretary \n publishes should reflect all of the federally recognized Indian \n tribes in the United States which are eligible for the special \n programs and services provided by the United States to Indians \n because of their status as Indians.\n\nSEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.\n\n (a) Publication of the List.--The Secretary shall publish in the \nFederal Register a list of all Indian tribes which the Secretary \nrecognizes to be eligible for the special programs and services \nprovided by the United States to Indians because of their status as \nIndians.\n (b) Frequency of Publication.--The list shall be published within \n60 days of enactment of this Act, and annually on or before every \nJanuary 30 thereafter.\n\n TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF \n ALASKA\n\nSEC. 201. SHORT TITLE.\n\n This title may be cited as the ``Tlingit and Haida Status \nClarification Act''.\n\nSEC. 202. FINDINGS.\n\n The Congress finds and declares that--\n (1) the United States has acknowledged the Central Council of \n Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of \n June 19, 1935 (49 Stat. 388, as amended, commonly referred to as \n the ``Jurisdiction Act''), as a federally recognized Indian tribe;\n (2) on October 21, 1993, the Secretary of the Interior \n published a list of federally recognized Indian tribes pursuant to \n part 83 of title 25 of the Code of Federal Regulations which \n omitted the Central Council of Tlingit and Haida Indian Tribes of \n Alaska;\n (3) the Secretary does not have the authority to terminate the \n federally recognized status of an Indian tribe as determined by \n Congress;\n (4) the Secretary may not administratively diminish the \n privileges and immunities of federally recognized Indian tribes \n without the consent of Congress; and\n (5) the Central Council of Tlingit and Haida Indian Tribes of \n Alaska continues to be a federally recognized Indian tribe.\n\nSEC. 203. REAFFIRMATION OF TRIBAL STATUS.\n\n The Congress reaffirms and acknowledges that the Central Council of \nTlingit and Haida Indian Tribes of Alaska is a federally recognized \nIndian tribe.\n\nSEC. 204. DISCLAIMER.\n\n (a) In General.--Nothing in this title shall be interpreted to \ndiminish or interfere with the government-to-government relationship \nbetween the United States and other federally recognized Alaska Native \ntribes, nor to vest any power, authority, or jurisdiction in the \nCentral Council of Tlingit and Haida Indian Tribes of Alaska over other \nfederally recognized Alaska Native tribes.\n (b) Constitution of Central Council of the Tlingit and Haida Indian \nTribes of Alaska.--Nothing in this title shall be construed as \ncodifying the Constitution of the Central Council of the Tlingit and \nHaida Indian Tribes of Alaska into Federal law.\n\nSEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.\n\n Other federally recognized tribes in Southeast Alaska shall have \nprecedence over the Central Council of Tlingit and Haida Indian Tribes \nof Alaska in the award of a Federal compact, contract or grant to the \nextent that their service population overlaps with that of the Central \nCouncil of Tlingit and Haida Indian tribes of Alaska. In no event shall \ndually enrolled members result in duplication of Federal service \nfunding.\n\n TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA\n\nSEC. 301. SHORT TITLE.\n\n This title may be cited as the ``Paskenta Band Restoration Act''.\n\nSEC. 302. DEFINITIONS.\n\n For purposes of this title:\n (1) The term ``Tribe'' means the Paskenta Band of Nomlaki \n Indians of the Paskenta Rancheria of California.\n (2) The term ``Secretary'' means the Secretary of the Interior.\n (3) The term ``Interim Council'' means the governing body of \n the Tribe specified in section 307.\n (4) The term ``member'' means an individual who meets the \n membership criteria under section 306(b).\n (5) The term ``State'' means the State of California.\n (6) The term ``reservation'' means those lands acquired and \n held in trust by the Secretary for the benefit of the Tribe \n pursuant to section 305.\n (7) The term ``service area'' means the counties of Tehama and \n Glenn, in the State of California.\n SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND \n PRIVILEGES.\n (a) Federal Recognition.--Federal recognition is hereby extended to \nthe Tribe. Except as otherwise provided in this title, all laws and \nregulations of general application to Indians and nations, tribes, or \nbands of Indians that are not inconsistent with any specific provision \nof this title shall be applicable to the Tribe and its members.\n (b) Restoration of Rights and Privileges.--Except as provided in \nsubsection (d), all rights and privileges of the Tribe and its members \nunder any Federal treaty, Executive order, agreement, or statute, or \nunder any other authority which were diminished or lost under the Act \nof August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby \nrestored and the provisions of such Act shall be inapplicable to the \nTribe and its members after the date of enactment of this Act.\n (c) Federal Services and Benefits.--Without regard to the existence \nof a reservation, the Tribe and its members shall be eligible, on and \nafter the date of enactment of this Act, for all Federal services and \nbenefits furnished to federally recognized Indian tribes or their \nmembers. In the case of Federal services available to members of \nfederally recognized Indian tribes residing on a reservation, members \nof the Tribe residing in the Tribe's service area shall be deemed to be \nresiding on a reservation.\n (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this \ntitle shall expand, reduce, or affect in any manner any hunting, \nfishing, trapping, gathering, or water right of the Tribe and its \nmembers.\n (e) Indian Reorganization Act Applicability.--The Act of June 18, \n1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its \nmembers.\n (f) Certain Rights Not Altered.--Except as specifically provided in \nthis title, nothing in this title shall alter any property right or \nobligation, any contractual right or obligation, or any obligation for \ntaxes levied.\n\nSEC. 304. ECONOMIC DEVELOPMENT.\n\n (a) Plan for Economic Development.--The Secretary shall--\n (1) enter into negotiations with the governing body of the \n Tribe with respect to establishing a plan for economic development \n for the Tribe;\n (2) in accordance with this section and not later than two \n years after the adoption of a tribal constitution as provided in \n section 308, develop such a plan; and\n (3) upon the approval of such plan by the governing body of the \n Tribe, submit such plan to the Congress.\n (b) Restrictions.--Any proposed transfer of real property contained \nin the plan developed by the Secretary under subsection (a) shall be \nconsistent with the requirements of section 305.\n\nSEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.\n\n (a) Lands To Be Taken in Trust.--The Secretary shall accept any \nreal property located in Tehama County, California, for the benefit of \nthe Tribe if conveyed or otherwise transferred to the Secretary if, at \nthe time of such conveyance or transfer, there are no adverse legal \nclaims to such property, including outstanding liens, mortgages, or \ntaxes owned. The Secretary may accept any additional acreage in the \nTribe's service area pursuant to the authority of the Secretary under \nthe Act of June 18, 1934 (25 U.S.C. 461 et seq.).\n (b) Lands To Be Part of the Reservation.--Subject to the conditions \nimposed by this section, any real property conveyed or transferred \nunder this section shall be taken in the name of the United States in \ntrust for the Tribe and shall be part of the Tribe's reservation.\n\nSEC. 306. MEMBERSHIP ROLLS.\n\n (a) Compilation of Tribal Membership Roll.--Within one year after \nthe date of the enactment of this Act, the Secretary shall, after \nconsultation with the Tribe, compile a membership roll of the Tribe.\n (b) Criteria for Membership.--(1) Until a tribal constitution is \nadopted pursuant to section 308, an individual shall be placed on the \nmembership roll if such individual is living, is not an enrolled member \nof another federally recognized Indian tribe, is of Nomlaki Indian \nancestry, and if--\n (A) such individual's name was listed on the Paskenta Indian \n Rancheria distribution roll compiled on February 26, 1959, by the \n Bureau of Indian Affairs and approved by the Secretary of the \n Interior on July 7, 1959, pursuant to Public Law 85-671;\n (B) such individual was not listed on the Paskenta Indian \n Rancheria distribution list, but met the requirements that had to \n be met to be listed on the Paskenta Indian Rancheria list;\n (C) such individual is identified as an Indian from Paskenta in \n any of the official or unofficial rolls of Indians prepared by the \n Bureau of Indian Affairs; or\n (D) such individual is a lineal descendant of an individual, \n living or dead, identified in subparagraph (A), (B), or (C).\n (2) After adoption of a tribal constitution pursuant to section \n308, such tribal constitution shall govern membership in the Tribe.\n (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose \nof subsection (b), the Secretary shall accept any available evidence \nestablishing Paskenta Indian ancestry. The Secretary shall accept as \nconclusive evidence of Paskenta Indian ancestry, information contained \nin the census of the Indians in and near Paskenta, prepared by Special \nIndian Agent John J. Terrell, in any other roll or census of Paskenta \nIndians prepared by the Bureau of Indian Affairs, and in the Paskenta \nIndian Rancheria distribution list, compiled by the Bureau of Indian \nAffairs on February 26, 1959.\n\nSEC. 307. INTERIM GOVERNMENT.\n\n Until a new tribal constitution and bylaws are adopted and become \neffective under section 308, the Tribe's governing body shall be an \nInterim Council. The initial membership of the Interim Council shall \nconsist of the members of the Tribal Council of the Tribe on the date \nof the enactment of this Act, and the Interim Council shall continue to \noperate in the manner prescribed for the Tribal Council under the \ntribal constitution adopted December 18, 1993. Any new members filling \nvacancies on the Interim Council shall meet the membership criteria set \nforth in section 306(b) and be elected in the same manner as are Tribal \nCouncil members under the tribal constitution adopted December 18, \n1993.\n\nSEC. 308. TRIBAL CONSTITUTION.\n\n (a) Election; Time and Procedure.--Upon the completion of the \ntribal membership roll under section 306(a) and upon the written \nrequest of the Interim Council, the Secretary shall conduct, by secret \nballot, an election for the purpose of adopting a constitution and \nbylaws for the Tribe. The election shall be held according to section \n16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee \nballoting shall be permitted regardless of voter residence.\n (b) Election of Tribal Officials; Procedures.--Not later than 120 \ndays after the Tribe adopts a constitution and bylaws under subsection \n(a), the Secretary shall conduct an election by secret ballot for the \npurpose of electing tribal officials as provided in such tribal \nconstitution. Such election shall be conducted according to the \nprocedures specified in subsection (a) except to the extent that such \nprocedures conflict with the tribal constitution.\n\nSEC. 309. GENERAL PROVISION.\n\n The Secretary may promulgate such regulations as may be necessary \nto carry out the provisions of this title.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"TABLE OF CONTENTS: Title I: Withdrawal of Acknowledgement of Recognition Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska Title III: Paskenta Band of Nomlaki Indians of California Title I: Withdrawal of Acknowledgement of Recognition - Federally Recognized Indian Tribe List Act of 1994 - Requires the Secretary of the Interior to publish an annual list of federally recognized Indian tribes. Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska - Tlingit and Haida Status Clarification Act - States that the Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. Title III: Paskenta Band of Nomlaki Indians of California - Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.","title":"An Act to clarify the status of the Tlingit and Haida, and for other purposes.","text_len":14426,"sum_len":930} {"bill_id":"113_hr3521","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs Major \nMedical Facility Lease Authorization Act of 2013''.\n\nSEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.\n\n The Secretary of Veterans Affairs may carry out the following major \nmedical facility leases at the locations specified, and in an amount \nfor each lease not to exceed the amount shown for such location (not \nincluding any estimated cancellation costs):\n (1) For a clinical research and pharmacy coordinating \n center, Albuquerque, New Mexico, an amount not to exceed \n $9,560,000.\n (2) For a community-based outpatient clinic, Brick, New \n Jersey, an amount not to exceed $7,280,000.\n (3) For a new primary care and dental clinic annex, \n Charleston, South Carolina, an amount not to exceed $7,070,250.\n (4) For the Cobb County community-based Outpatient Clinic, \n Cobb County, Georgia, an amount not to exceed $6,409,000.\n (5) For the Leeward Outpatient Healthcare Access Center, \n Honolulu, Hawaii, including a co-located clinic with the \n Department of Defense and the co-location of the Honolulu \n Regional Office of the Veterans Benefits Administration and the \n Kapolei Vet Center of the Department of Veterans Affairs, an \n amount not to exceed $15,887,370.\n (6) For a community-based outpatient clinic, Johnson \n County, Kansas, an amount not to exceed $2,263,000.\n (7) For a replacement community-based outpatient clinic, \n Lafayette, Louisiana, an amount not to exceed $2,996,000.\n (8) For a community-based outpatient clinic, Lake Charles, \n Louisiana, an amount not to exceed $2,626,000.\n (9) For outpatient clinic consolidation, New Port Richey, \n Florida, an amount not to exceed $11,927,000.\n (10) For an outpatient clinic, Ponce, Puerto Rico, an \n amount not to exceed $11,535,000.\n (11) For lease consolidation, San Antonio, Texas, an amount \n not to exceed $19,426,000.\n (12) For a community-based outpatient clinic, San Diego, \n California, an amount not to exceed $11,946,100.\n (13) For an outpatient clinic, Tyler, Texas, an amount not \n to exceed $4,327,000.\n (14) For the Errera Community Care Center, West Haven, \n Connecticut, an amount not to exceed $4,883,000.\n (15) For the Worcester community-based Outpatient Clinic, \n Worcester, Massachusetts, an amount not to exceed $4,855,000.\n (16) For the expansion of a community-based outpatient \n clinic, Cape Girardeau, Missouri, an amount not to exceed \n $4,232,060.\n (17) For a multispecialty clinic, Chattanooga, Tennessee, \n an amount not to exceed $7,069,000.\n (18) For the expansion of a community-based outpatient \n clinic, Chico, California, an amount not to exceed $4,534,000.\n (19) For a community-based outpatient clinic, Chula Vista, \n California, an amount not to exceed $3,714,000.\n (20) For a new research lease, Hines, Illinois, an amount \n not to exceed $22,032,000.\n (21) For a replacement research lease, Houston, Texas, an \n amount not to exceed $6,142,000.\n (22) For a community-based outpatient clinic, Lincoln, \n Nebraska, an amount not to exceed $7,178,400.\n (23) For a community-based outpatient clinic, Lubbock, \n Texas, an amount not to exceed $8,554,000.\n (24) For a community-based outpatient clinic consolidation, \n Myrtle Beach, South Carolina, an amount not to exceed \n $8,022,000.\n (25) For a community-based outpatient clinic, Phoenix, \n Arizona, an amount not to exceed $20,757,000.\n (26) For the expansion of a community-based outpatient \n clinic, Redding, California, an amount not to exceed \n $8,154,000.\n (27) For the expansion of a community-based outpatient \n clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200.\n\nSEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR \n MEDICAL FACILITIES LEASES.\n\n (a) Findings.--Congress finds the following:\n (1) Title 31, United States Code, requires the Department \n of Veterans Affairs to record the full cost of its contractual \n obligation against funds available at the time a contract is \n executed.\n (2) Office of Management and Budget Circular A-11 provides \n guidance to agencies in meeting the statutory requirements \n under title 31, United States Code, with respect to leases.\n (3) For operating leases, Office of Management and Budget \n Circular A-11 requires the Department of Veterans Affairs to \n record up-front budget authority in an ``amount equal to total \n payments under the full term of the lease or [an] amount \n sufficient to cover first year lease payments plus cancellation \n costs''.\n (b) Requirement for Obligation of Full Cost.--Subject to the \navailability of appropriations provided in advance, in exercising the \nauthority of the Secretary of Veterans Affairs to enter into leases \nprovided in this Act, the Secretary shall record, pursuant to section \n1501 of title 31, United States Code, as the full cost of the \ncontractual obligation at the time a contract is executed either--\n (1) an amount equal to total payments under the full term \n of the lease; or\n (2) if the lease specifies payments to be made in the event \n the lease is terminated before its full term, an amount \n sufficient to cover the first year lease payments plus the \n specified cancellation costs.\n (c) Transparency.--\n (1) Compliance.--Subsection (b) of section 8104 of title \n 38, United States Code, is amended by adding at the end the \n following new paragraph:\n ``(7) In the case of a prospectus proposing funding for a \n major medical facility lease, a detailed analysis of how the \n lease is expected to comply with Office of Management and \n Budget Circular A-11 and section 1341 of title 31 (commonly \n referred to as the `Anti-Deficiency Act'). Any such analysis \n shall include--\n ``(A) an analysis of the classification of the \n lease as a `lease-purchase', `capital lease', or \n `operating lease' as those terms are defined in Office \n of Management and Budget Circular A-11;\n ``(B) an analysis of the obligation of budgetary \n resources associated with the lease; and\n ``(C) an analysis of the methodology used in \n determining the asset cost, fair market value, and \n cancellation costs of the lease.''.\n (2) Submittal to congress.--Such section 8104 is further \n amended by adding at the end the following new subsection:\n ``(h)(1) Not less than 30 days before entering into a major medical \nfacility lease, the Secretary shall submit to the Committees on \nVeterans' Affairs of the Senate and the House of Representatives--\n ``(A) notice of the Secretary's intention to enter into the \n lease;\n ``(B) a copy of the proposed lease;\n ``(C) a description and analysis of any differences between \n the prospectus submitted pursuant to subsection (b) and the \n proposed lease; and\n ``(D) a scoring analysis demonstrating that the proposed \n lease fully complies with Office of Management and Budget \n Circular A-11.\n ``(2) Each committee described in paragraph (1) shall ensure that \nany information submitted to the committee under such paragraph is \ntreated by the committee with the same level of confidentiality as is \nrequired by law of the Secretary and subject to the same statutory \npenalties for unauthorized disclosure or use as the Secretary.\n ``(3) Not more than 30 days after entering into a major medical \nfacility lease, the Secretary shall submit to each committee described \nin paragraph (1) a report on any material differences between the lease \nthat was entered into and the proposed lease described under such \nparagraph, including how the lease that was entered into changes the \npreviously submitted scoring analysis described in subparagraph (D) of \nsuch paragraph.''.\n (d) Rule of Construction.--Nothing in this section, or the \namendments made by this section, shall be construed to in any way \nrelieve the Department of Veterans Affairs from any statutory or \nregulatory obligations or requirements existing prior to the enactment \nof this section and such amendments.\n\nSEC. 4. BUDGETARY EFFECTS OF THIS ACT.\n\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Committee on the Budget of the House of \nRepresentatives, as long as such statement has been submitted prior to \nthe vote on passage of this Act.\n\n Passed the House of Representatives December 10, 2013.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term. Or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease, (2) the obligation of budgetary resources associated with the lease. And (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease. (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease. And (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered.","title":"Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013","text_len":9672,"sum_len":1930} {"bill_id":"104_s1378","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Anti-Corruption Act of 1995''.\n\nSEC. 2. PUBLIC CORRUPTION.\n\n (a) Offenses.--Chapter 11 of title 18, United States Code, is \namended by adding at the end the following new section:\n``Sec. 226. Public corruption\n ``(a) State and Local Government.--\n ``(1) Honest services.--Whoever, in a circumstance \n described in paragraph (3), deprives or defrauds, or endeavors \n to deprive or to defraud, by any scheme or artifice, the \n inhabitants of a State or political subdivision of a State of \n the honest services of an official or employee of the State or \n political subdivision shall be fined under this title, \n imprisoned not more than 10 years, or both.\n ``(2) Fair and impartial elections.--Whoever, in a \n circumstance described in paragraph (3), deprives or defrauds, \n or endeavors to deprive or to defraud, by any scheme or \n artifice, the inhabitants of a State or political subdivision \n of a State of a fair and impartially conducted election process \n in any primary, run-off, special, or general election through \n one or more of the following means, or otherwise--\n ``(A) through the procurement, casting, or \n tabulation of ballots that are materially false, \n fictitious, or fraudulent or that are invalid, under \n the laws of the State in which the election is held;\n ``(B) through paying or offering to pay any person \n for voting;\n ``(C) through the procurement or submission of \n voter registrations that contain false material \n information, or omit material information;\n ``(D) through the filing of any report required to \n be filed under Federal or State law regarding an \n election campaign that contains false material \n information or omits material information; or\n ``(E) through engaging in intimidating, \n threatening, or deceptive conduct, with the intent to \n prevent or unlawfully discourage any person from voting \n for the candidate of that person's choice, registering \n to vote, or campaigning for or against a candidate,\n shall be fined under this title, imprisoned not more than 10 \n years, or both.\n ``(3) Circumstances in which offense occurs.--The \n circumstances referred to in paragraphs (1) and (2) are that--\n ``(A) for the purpose of executing or concealing a \n scheme or artifice described in paragraph (1) or (2) or \n attempting to do so, a person--\n ``(i) places in any post office or \n authorized depository for mail matter, any \n matter or thing to be sent or delivered by the \n Postal Service, deposits or causes to be \n deposited any matter or thing to be sent or \n delivered by any private or commercial \n interstate carrier, or takes or receives \n therefrom any such matter or thing, or \n knowingly causes to be delivered by mail or \n such carrier according to the direction \n thereon, or at the place at which it is \n directed to be delivered by the person to whom \n it is addressed, any such matter or thing;\n ``(ii) transmits or causes to be \n transmitted by means of wire, radio, or \n television communication in interstate or \n foreign commerce any writings, signs, signals, \n pictures, or sounds;\n ``(iii) transports or causes to be \n transported any person or thing, or induces any \n person to travel in or to be transported in, \n interstate or foreign commerce; or\n ``(iv) uses or causes the use of any \n facility in interstate or foreign commerce;\n ``(B) the scheme or artifice affects or constitutes \n an attempt to affect in any manner or degree, or would \n if executed or concealed affect, interstate or foreign \n commerce;\n ``(C) in the case of an offense described in \n paragraph (1), the honest services of the official or \n employee relate to a governmental office of a State or \n political subdivision of a State which receives funds \n derived from an Act of Congress in an amount not less \n than $10,000 during the 12-month period immediately \n preceding or following the date of the offense; or\n ``(D) in the case of an offense described in \n paragraph (2), an objective of the scheme or artifice \n is to secure the election of an official who, if \n elected, would have any authority over the \n administration of funds derived from an Act of Congress \n totaling $10,000 or more during the 12-month period \n immediately preceding or following the election or date \n of the offense.\n ``(b) Federal Government.--Whoever deprives or defrauds, or \nendeavors to deprive or to defraud, by any scheme or artifice, the \ninhabitants of the United States of the honest services of a public \nofficial or a person who has been selected to be a public official \nshall be fined under this title, imprisoned not more than 10 years, or \nboth.\n ``(c) Offense by an Official Against an Employee or Official.--\n ``(1) Criminal offense.--Whoever, being an official, public \n official, or person who has been selected to be a public \n official, directly or indirectly discharges, demotes, suspends, \n threatens, harasses, or in any manner discriminates against an \n employee or official of the United States or of a State or \n political subdivision of a State, or endeavors to do so, in \n order to carry out or to conceal a scheme or artifice described \n in subsection (a) or (b), shall be fined under this title, \n imprisoned not more than 5 years, or both.\n ``(2) Civil action.--(A) Any employee or official of a \n State or political subdivision of a State who is discharged, \n demoted, suspended, threatened, harassed, or in any manner \n discriminated against because of lawful acts done by the \n employee or official as a result of a violation of this section \n or because of actions by the employee on behalf of himself or \n herself or others in furtherance of prosecution under this \n section (including investigation for, initiation of, testimony \n for, or assistance in such a prosecution) may bring a civil \n action in any court of competent jurisdiction and obtain all \n relief necessary to make the employee or official whole, \n including--\n ``(i) reinstatement with the same seniority status \n that the employee or official would have had but for \n the violation;\n ``(ii) the amount of backpay;\n ``(iii) a penalty of two times the amount of \n backpay;\n ``(iv) interest on the actual amount of backpay; \n and\n ``(v) compensation for any special damages \n sustained as a result of the violation, including \n reasonable litigation costs and reasonable attorney's \n fees.\n ``(B) To obtain recovery under subsection (c)(2)(A) (iii) \n or (v) against a State or political subdivision, the employee \n or individual bringing the action shall establish by a \n preponderance of evidence that any violation of this section \n was--\n ``(i) the result of widespread violations within \n the State or political subdivision; or\n ``(ii) the result of conduct authorized by a senior \n official within the State or political subdivision.\n ``(C) In cases in which a State or political subdivision is \n sued and found liable for recovery under subsection (c)(2)(A) \n (iii) or (v), the State or political subdivision may bring an \n action for contribution for such recovery from any employee or \n official whose action led to the recovery under subsection \n (c)(2)(A) (iii) or (v).\n ``(D) An employee or official shall not be afforded relief \n under subparagraph (A) if the employee or official participated \n in the violation of this section with respect to which relief \n is sought.\n ``(E)(i) A civil action or proceeding authorized by this \n paragraph shall be stayed by a court upon certification of an \n attorney for the Government that prosecution of the action or \n proceeding may adversely affect the interests of the Government \n in a pending criminal investigation or proceeding.\n ``(ii) The attorney for the Government shall promptly \n notify the court when a stay may be lifted without such adverse \n effects.\n ``(d) Definitions.--As used in this section--\n ``(1) the term `official' includes--\n ``(A) any person employed by, exercising any \n authority derived from, or holding any position in the \n government of a State or any subdivision of the \n executive, legislative, judicial, or other branch of \n government thereof, including a department, independent \n establishment, commission, administration, authority, \n board, and bureau, and a corporation or other legal \n entity established and subject to control by a \n government or governments for the execution of a \n governmental or intergovernmental program;\n ``(B) any person acting or pretending to act under \n color of official authority; and\n ``(C) any person who has been nominated, appointed, \n or selected to be an official or who has been \n officially informed that he or she will be so \n nominated, appointed, or selected;\n ``(2) the term `person acting or pretending to act under \n color of official authority' includes a person who represents \n that he or she controls, is an agent of, or otherwise acts on \n behalf of an official, public official, and person who has been \n selected to be a public official;\n ``(3) the terms `public official' and `person who has been \n selected to be a public official' have the meanings stated in \n section 201 and include any person acting or pretending to act \n under color of official authority; and\n ``(4) the term `State' means a State of the United States, \n the District of Columbia, Puerto Rico, and any other \n commonwealth, territory, or possession of the United States.''.\n (b) Technical Amendments.--(1) The chapter analysis for chapter 11 \nof title 18, United States Code, is amended by adding at the end the \nfollowing new item:\n\n ``226. Public corruption.''.\n (2) Section 1961(1) of title 18, United States Code, is amended by \ninserting ``section 226 (relating to public corruption),'' after \n``section 224 (relating to sports bribery),''.\n (3) Section 2516(1)(c) of title 18, United States Code, is amended \nby inserting ``section 226 (relating to public corruption),'' after \n``section 224 (bribery in sporting contests),''.\n\nSEC. 3. INTERSTATE COMMERCE.\n\n (a) In General.--Section 1343 of title 18, United States Code, is \namended--\n (1) by inserting ``, or uses or causes the use of any \n facility in interstate or foreign commerce,'' after ``sounds''; \n and\n (2) by inserting ``or attempting to do so'' after ``for the \n purpose of executing such scheme or artifice''.\n (b) Technical Amendments.--(1) The heading of section 1343 of title \n18, United States Code, is amended to read as follows:\n``Sec. 1343. Fraud by use of facility of interstate commerce''.\n (2) The chapter analysis for chapter 63 of title 18, United States \nCode, is amended by amending the item relating to section 1343 to read \nas follows:\n\n``1343. Fraud by use of facility in interstate commerce.''.\n\nSEC. 4. NARCOTICS-RELATED PUBLIC CORRUPTION.\n\n (a) Offenses.--Chapter 11 of title 18, United States Code, is \namended by inserting after section 219 the following new section:\n``Sec. 220. Narcotics and public corruption\n ``(a) Offense by Public Official.--A public official who, in a \ncircumstance described in subsection (c), directly or indirectly, \ncorruptly demands, seeks, receives, accepts, or agrees to receive or \naccept anything of value personally or for any other person in return \nfor--\n ``(1) being influenced in the performance or nonperformance \n of any official act; or\n ``(2) being influenced to commit or to aid in committing, \n or to collude in, or to allow or make opportunity for the \n commission of any offense against the United States or any \n State, shall be guilty of a class B felony.\n ``(b) Offense by Person Other Than a Public Official.--A person \nwho, in a circumstance described in subsection (c), directly or \nindirectly, corruptly gives, offers, or promises anything of value to \nany public official, or offers or promises any public official to give \nanything of value to any other person, with intent--\n ``(1) to influence any official act;\n ``(2) to influence the public to commit or aid in \n committing, or to collude in, or to allow or make opportunity \n for the commission of any offense against the United States or \n any State; or\n ``(3) to influence the public official to do or to omit to \n do any act in violation of the official's lawful duty, shall be \n guilty of a class B felony.\n ``(c) Circumstances in Which Offense Occurs.--The circumstances \nreferred to in subsections (a) and (b) are that the offense involves, \nis part of, or is intended to further or to conceal the illegal \npossession, importation, manufacture, transportation, or distribution \nof any controlled substance or controlled substance analogue.\n ``(d) Definitions.--As used in this section--\n ``(1) the terms `controlled substance' and `controlled \n substance analogue' have the meanings stated in section 102 of \n the Controlled Substances Act (21 U.S.C. 802);\n ``(2) the term `official act' means any decision, action, \n or conduct regarding any question, matter, proceeding, cause, \n suit, investigation, or prosecution which may at any time be \n pending, or which may be brought before any public official, in \n such official's official capacity, or in such official's place \n of trust or profit; and\n ``(3) the term `public official' means--\n ``(A) an officer or employee or person acting for \n or on behalf of the United States, or any department, \n agency, or branch of Government thereof in any official \n function, under or by authority of any such department, \n agency, or branch of Government;\n ``(B) a juror;\n ``(C) an officer or employee or person acting for \n or on behalf of the government of any State, \n commonwealth, territory, or possession of the United \n States (including the District of Columbia), or any \n political subdivision thereof, in any official \n function, under or by the authority of any such State, \n commonwealth, territory, possession, or political \n subdivision; and\n ``(D) any person who has been nominated or \n appointed to a position described in subparagraph (A), \n (B), or (C), or has been officially informed that he or \n she will be so nominated or appointed.''.\n (b) Technical Amendments.--(1) Section 1961(1) of title 18, United \nStates Code, is amended by inserting ``section 220 (relating to \nnarcotics and public corruption),'' after ``Section 201 (relating to \nbribery),''.\n (2) Section 2516(1)(c) of title 18, United States Code, is amended \nby inserting ``section 220 (relating to narcotics and public \ncorruption),'' after ``section 201 (bribery of public officials and \nwitnesses),''.\n (3) The chapter analysis for chapter 11 of title 18, United States \nCode, is amended by inserting after the item for section 219 the \nfollowing new item:\n\n``220. Narcotics and public corruption.''.","summary":"Anti-Corruption Act of 1995 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision (State) of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Specifies that: (1) to obtain recovery against a State, the employee or individual bringing the action shall establish by a preponderance of evidence that any such violation was the result of widespread violations, or conduct authorized by a senior official, within the State. And (2) in cases in which a State is sued and found liable for recovery, the State may bring an action for contribution for such recovery from any employee or official whose action led to the recovery. Amends mail fraud provisions to prohibit using, or causing the use, of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Sets forth prohibitions regarding narcotics-related public corruption.","title":"Anti-Corruption Act of 1995","text_len":17557,"sum_len":1581} {"bill_id":"107_hr3045","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Displaced Aircraft Manufacturers \nWorkers Relief Act of 2001''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Affected area.--The term ``affected area'' means an \n area that the Secretary determines has a substantial number of \n eligible employees.\n (2) COBRA continuation coverage.--The term ``COBRA \n continuation coverage'' means coverage under a group health \n plan provided by an employer pursuant to title XXII of the \n Public Health Service Act, section 4980B of the Internal \n Revenue Code of 1986, part 6 of subtitle B of title I of the \n Employee Retirement Income Security Act of 1974, or section \n 8905a of title 5, United States Code.\n (3) Eligible employee.--The term ``eligible employee'' \n means an individual who has become totally or partially \n separated, or is threatened to become totally or partially \n separated, from employment with an aircraft manufacturer as a \n consequence of--\n (A) reductions in production as a result of a \n terrorist action or security measure, as determined by \n the Secretary; or\n (B) a closure of an airport in the United States as \n a result of a terrorist action or security measure, as \n determined by the Secretary.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (5) Terrorist action or security measure.--The term \n ``terrorist action or security measure'' means a terrorist \n attack on the United States on September 11, 2001, or a \n security measure taken in response to the attack.\n (6) Other terms.--The terms defined in section 247 of the \n Trade Act of 1974 shall apply in this Act.\n\nSEC. 3. PETITIONS AND DETERMINATIONS.\n\n (a) Petitions.--A petition for a certification of eligibility to \napply for adjustment assistance under this Act may be filed with the \nSecretary by a group of workers or by their certified or recognized \nunion or other duly authorized representative. The Secretary shall \ncomply with the notice and hearing requirements of section 221 of the \nTrade Act of 1974 with respect to the petition.\n (b) Certification.--The Secretary shall certify a group of workers \nas eligible to apply for adjustment assistance under this Act if the \nSecretary determines that a significant number or proportion of the \nworkers in such workers' firm or an appropriate subdivision of the firm \nare eligible employees.\n (c) Determinations.--As soon as possible after the date on which a \npetition is filed under subsection (a), but in any event not later than \n60 days after that date, the Secretary shall determine whether the \npetitioning group meets the requirements of subsection (b) and shall \nissue a certification of eligibility to apply for adjustment assistance \nunder this Act covering workers in any group that meets such \nrequirements. The Secretary shall issue and terminate such \ncertifications in accordance with section 223 of the Trade Act of 1974.\n (d) Information.--The Secretary shall provide the information, \nassistance, and notice described in section 225 of the Trade Act of \n1974 with respect to certifications made under subsection (b), and \nagreements entered into and benefits available under this Act.\n\nSEC. 4. PROGRAM BENEFITS.\n\n (a) Determinations.--The Secretary shall determine, with respect to \nan eligible employee covered by a certification issued by the Secretary \nunder section 3, whether--\n (1) the employee is unlikely to return to the industry \n involved;\n (2) the employee is likely to return to that industry, but \n unlikely to return to the employee's previous occupation in the \n industry; or\n (3) the employee is likely to return to that occupation.\n (b) Different Industry or Occupation.--If the Secretary determines \nthat an eligible employee described in subsection (a) meets the \nrequirements of paragraph (1) or (2) of subsection (a) and engages in \nappropriate job search activities, and that the employee and any \ntraining approved by the Secretary for the employee meet the \nrequirements of paragraphs (1) and (3) of section 236(a) of the Trade \nAct of 1974, the employee shall be provided, in the same manner and to \nthe same extent as an employee covered under a certification under \nsubchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or \nmore of the following:\n (1) Employment services described in section 235 of the \n Trade Act of 1974 (including, in the case of an eligible \n employee in an affected area, employment services provided \n through programs developed and conducted through partnerships \n between public agencies, employers, and labor organizations).\n (2) Training that consists of--\n (A) training (including supplemental assistance) \n described in section 236 of the Trade Act of 1974, \n notwithstanding the provisions of section 236(a)(2) of \n such Act;\n (B) training for a position requiring different \n technical skill than the original position; or\n (C) in the case of an eligible employee in an \n affected area, training provided through programs \n developed and conducted through partnerships between \n public agencies, employers, and labor organizations.\n (3) Readjustment allowances described in sections 231 \n through 234 of the Trade Act of 1974, except that--\n (A) an eligible employee is not required to enroll \n in training to receive such an allowance;\n (B) the reference in section 233(a)(1) of the Trade \n Act of 1974 to ``52'' shall be considered to be a \n reference to ``78''; and\n (C) no employee shall receive additional weeks of \n assistance under section 233(a)(3) of such Act.\n (4) Job search allowances described in section 237 of the \n Trade Act of 1974.\n (c) Same Industry and Occupation.--If the Secretary determines that \nan eligible employee described in subsection (a) meets the requirements \nof subsection (a)(3), the employee shall be provided, in the same \nmanner and to the same extent as an employee covered under a \ncertification under subchapter A of chapter 2 of title II of the Trade \nAct of 1974, 1 or more of the following:\n (1) Employment services described in section 235 of the \n Trade Act of 1974 (including, in the case of an eligible \n employee in an affected area, employment services provided \n through programs developed and conducted through partnerships \n between public agencies, employers, and labor organizations).\n (2) Readjustment allowances described in sections 231 \n through 234 of the Trade Act of 1974, except that--\n (A) an eligible employee is not required to enroll \n in training to receive such an allowance;\n (B) the reference in section 233(a)(1) of the Trade \n Act of 1974 to ``52'' shall be considered to be a \n reference to ``78''; and\n (C) no employee shall receive additional weeks of \n assistance under section 233(a)(3) of such Act.\n (d) Employees Not Eligible for Unemployment Insurance.--An eligible \nemployee who is totally separated from employment in a State who does \nnot meet the requirements of paragraphs (2) through (4) of section \n231(a) of the Trade Act of 1974 shall be provided only an allowance, \nfor a period of 26 weeks, in the amount of the average weekly benefit \nreceived by an individual in the State under the State unemployment \ninsurance program during the most recent 52-week period for which data \nare available.\n (e) COBRA Continuation Coverage.--In the case of an individual who \nis eligible for benefits under subsection (b) or (c), the Secretary \nshall provide for payment of premiums for COBRA continuation coverage \nwith respect to such individual. Such payment may be made through \nappropriate direct payment arrangements with the group health plan or \nhealth insurance issuer involved. The Secretary may require \ndocumentation of election of benefits or proof of premium payment.\n (f) Optional Temporary Medicaid Coverage for Uninsured Eligible \nEmployees.--\n (1) In general.--Notwithstanding any other provision of \n law, a State may elect to provide, under its medicaid program \n under title XIX of the Social Security Act, medical assistance \n in the case of an individual who is eligible for benefits under \n subsection (b) or (c), who is not eligible for COBRA \n continuation coverage, and who is uninsured. For purposes of \n this subsection, an individual is considered to be uninsured if \n the individual is not covered under a group health plan, health \ninsurance coverage, or under such program or a program under title \nXVIII or XXI of such Act.\n (2) Limitation to 18 months of coverage.--Assistance under \n this subsection shall end with respect to an individual on the \n earlier of--\n (A) the date the individual is no longer uninsured; \n or\n (B) 18 months after the date the individual is \n first determined to be eligible for medical assistance \n under this subsection.\n (3) Special rules.--In the case of medical assistance \n provided under this subsection--\n (A) the Federal medical assistance percentage under \n section 1905(b) of the Social Security Act shall be 100 \n percent;\n (B) a State may elect to disregard any income, \n asset, or resource limitation imposed under the State \n medicaid plan or under title XIX of such Act;\n (C) such medical assistance shall not be provided \n for periods before the date the individual is \n determined eligible for such assistance;\n (D) a State may elect to make eligible for such \n assistance a dependent spouse or children of an \n individual eligible for medical assistance under \n paragraph (1), if such spouse or children are \n uninsured; and\n (E) individuals eligible for medical assistance \n under this subsection shall be deemed to be described \n in the list of individuals described in the matter \n preceding paragraph (1) of section 1905(a) of such Act.\n\nSEC. 5. ADMINISTRATION.\n\n The provisions of subchapter C of chapter 2 of title II of the \nTrade Act of 1974 shall apply to the administration of the program \nunder this Act in the same manner and to the same extent as such \nprovisions apply to the administration of the program under subchapters \nA and B of chapter 2 of title II of the Trade Act of 1974, except \nthat--\n (1) the agreement between the Secretary and the States \n described in section 239 of the Trade Act of 1974 shall specify \n the procedures that will be used to carry out the certification \n process under section 3, the procedures for providing relevant \n data by the Secretary to assist the States in making \n preliminary findings under section 3, and the adjustment \n assistance described in section 4;\n (2) the provisions of such subchapter C relating to \n training shall not be applicable under this Act; and\n (3) the provisions of such subchapter shall apply to COBRA \n continuation coverage under section 4(e) to the extent \n specified by the Secretary.\n\nSEC. 6. REGULATIONS.\n\n The Secretary--\n (1) may issue interim regulations to carry out this Act, \n notwithstanding chapters 5 and 7 of title 5, United States \n Code; and\n (2) shall issue final regulations to carry out this Act in \n accordance with such chapters.\n\nSEC. 7. APPLICATION AND CONSTRUCTION.\n\n (a) Application.--For purposes of applying provisions of chapter 2 \nof title II of the Trade Act of 1974 under this Act, references in such \nchapter--\n (1) to a worker shall be considered to be references to an \n eligible employee;\n (2) to a benefit shall be considered to be references to \n the corresponding benefit provided under this subsection to an \n eligible employee; and\n (3) to a provision of chapter 2 of title II of the Trade \n Act of 1974 shall be considered to be references to the \n corresponding provision of this Act.\n (b) Construction.--\n (1) No impact on trade adjustment assistance.--Nothing in \n this Act shall be construed to modify or affect title II of the \n Trade Act of 1974.\n (2) No impact on existing agreements and benefits.--Nothing \n in this Act shall be construed to diminish the obligation of an \n employer to comply with any collective bargaining agreement or \n any employment benefit program or plan.","summary":"Displaced Aircraft Manufacturers Workers Relief Act of 2001 - Authorizes certain groups of workers who have become totally or partially separated from employment with an aircraft manufacturer as a result of reductions in production or closure of an airport due to a terrorist action or security measures to petition the Secretary of Labor for a certification of eligibility to apply for adjustment assistance . Provides certain benefits to eligible workers meeting certain eligibility requirements. Provides eligible workers who do not meet certain requirements for State unemployment compensation with a limited readjustment allowance under this Act. Provides for payment of premiums for COBRA health care continuation coverage of eligible workers. Authorizes a State to elect to provide medical assistance under its Medicaid program under title XIX of the Social Security Act for eligible workers who are not eligible for COBRA health care continuation coverage, and who are uninsured.","title":"To provide assistance to employees who suffer loss of employment in the aircraft manufacturing industry as a result of the terrorist attacks of September 11, 2001.","text_len":13597,"sum_len":987} {"bill_id":"104_hr2285","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Theodore Roosevelt \nCommemorative Coin Act''.\n (b) Findings.--The Congress makes the following findings:\n (1) Theodore Roosevelt, the 26th President of the United \n States, inspired and led the people of the United States toward \n the goal of natural resource conservation.\n (2) The protection and conservation of the Nation's natural \n heritage requires the acquisition by the United States of \n habitat and rights to the use of habitat.\n (3) Allowing those persons who benefit from and support \n conservation efforts to participate in the funding of those \n efforts is desirable and achievable through the sale of \n collectors' commemorative coins.\n\nSEC. 2. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (hereafter in \nthis Act referred to as the ``Secretary) shall mint and issue the \nfollowing coins:\n (1) $5 gold coins.--5 dollar coins, which shall--\n (A) weigh 8.359 grams;\n (B) have a diameter of 0.850 inches; and\n (C) contain 90 percent gold and 10 percent alloy.\n (2) $1 silver coins.--1 dollar coins, which shall--\n (A) weigh 26.73 grams;\n (B) have a diameter of 1.500 inches; and\n (C) contain 90 percent silver and 10 percent \n copper.\n (3) Half dollar clad coins.--Half dollar coins which \n shall--\n (A) weigh 11.34 grams;\n (B) have a diameter of 1.205 inches; and\n (C) be minted to the specifications for half dollar \n coins contained in section 5112(b) of title 31, United \n States Code.\n (b) Amounts of coins.--\n (1) Gold coins.--The Secretary shall issue coins under \n subsection (a)(1) with the dates and in the amounts as follows:\n\n \n\n \n Year Amount \n \n 1997........................... Not more than 500,000. \n 1998........................... Not more than 500,000. \n \n\n (2) Silver coins.--The Secretary shall issue coins under \n subsection (a)(2) with the dates and in the amounts as follows:\n\n \n\n \n Year Amount \n \n 1997........................... Not more than 1,000,000. \n 1998........................... Not more than 1,000,000. \n \n\n (3) Clad coins.--The Secretary shall issue coins under \n subsection (a)(3) with the dates and in the amounts as follows:\n\n \n\n \n Year Amount \n \n 1997........................... Not more than 1,000,000. \n 1998........................... Not more than 1,250,000. \n \n\n (c) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (d) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 3. SOURCES OF BULLION.\n\n (a) Gold.--The Secretary shall obtain gold for minting coins under \nthis Act pursuant to the authority of the Secretary under other \nprovisions of law.\n (b) Silver.--The Secretary shall obtain silver for minting coins \nunder this Act only from stockpiles established under the Strategic and \nCritical Materials Stock Piling Act.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) Obverse.--The obverse side of the coins minted under \n this Act shall bear the likeness of Theodore Roosevelt.\n (2) Reverse.--The reverse side of the coin shall be \n emblematic of the Nation's natural resources.\n (3) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of the date of the coin as \n specified in section 2(b); and\n (C) inscriptions of the words ``Liberty'', ``In God \n We Trust'', ``United States of America'', and ``E \n Pluribus Unum''.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts; and\n (2) reviewed by the Citizens Commemorative Coin Advisory \n Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular combination of denomination and \nquality of the coins minted under this Act.\n (c) Commencement of Issuance.--The Secretary may issue coins minted \nunder this Act beginning January 1, 1997.\n (d) Termination of Minting Authority.--No coins may be minted under \nthis Act after December 31, 1998.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in subsection (d) with respect \n to such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n (d) Surcharges.--All sales shall include a surcharge of--\n (1) $35 per coin for the $5 coin;\n (2) $7 per coin for the $1 coin; and\n (3) $2 per coin for the half dollar coin.\n\nSEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods and services necessary for carrying out the \nprovisions of this Act.\n (b) Equal Employment Opportunity.--Subsection (a) shall not relieve \nany person entering into a contract under the authority of this Act \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 8. DISTRIBUTION OF SURCHARGES.\n\n (a) Administration of Endangered Species Act of 1973.--All \nsurcharges received by the Secretary from the sale of coins issued \nunder this Act shall, to the extent and in amounts provided in advance \nin appropriation Acts, be promptly made available by the Secretary to \nthe Secretary of the Interior for use by such Secretary in connection \nwith the administration of the Endangered Species Act of 1973.\n (b) Excess Amounts.--If, after the sale of all coins minted under \nthis Act, the amount of surcharges received by the Secretary from the \nsale of coins issued under this Act exceeds the amount of such \nsurcharges which have been appropriated to the Secretary of the \nInterior in accordance with subsection (a), such excess amount shall be \ndeposited in the general fund of the Treasury.\n\nSEC. 9. FINANCIAL ASSURANCES.\n\n (a) No Net Cost to the Government.--The Secretary shall take such \nactions as may be necessary to ensure that minting and issuing coins \nunder this Act will not result in any net cost to the United States \nGovernment.\n (b) Payment for Coins.--A coin shall not be issued under this Act \nunless the Secretary has received--\n (1) full payment for the coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution whose deposits are \n insured by the Federal Deposit Insurance Corporation or the \n National Credit Union Administration Board.","summary":"Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources. Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973.","title":"Theodore Roosevelt Commemorative Coin Act","text_len":9144,"sum_len":483} {"bill_id":"112_hr3457","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cleaning Product Right to Know Act \nof 2011''.\n\nSEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.\n\n (a) Labeling Requirement.--Beginning 1 year after the date of \nenactment of this Act, a cleaning product manufactured for sale, \noffered for sale, distributed in commerce, or imported to the United \nStates after such date shall bear a label on the product's container or \npackaging with a complete and accurate list of all the product's \ningredients, including the individual ingredients in dyes, fragrances, \nand preservatives. Ingredients shall be listed in accordance with the \nfollowing:\n (1) Each ingredient shall be listed by the name assigned to \n it by the International Nomenclature of Cosmetic Ingredients. \n If there is no such name, by the name assigned to it by the \n International Union of Pure and Applied Chemistry. If there is \n no such name, the ingredient may be listed by its common \n chemical name.\n (2) Ingredients shall be listed in descending order of \n predominance in the product by weight, other than ingredients \n that constitute less than 1 percent of the product, which may \n be listed at the end in any order.\n (b) Exemptions.--\n (1) Exemption for undetectable ingredients.--The Commission \n may exempt from the labeling requirement an ingredient that is \n present in a cleaning product at such low levels that detection \n of the ingredient in the product is not technologically \n feasible.\n (2) Exemption for ingredients constituting trade secrets.--\n (A) In general.--An ingredient may be exempt from \n the labeling requirements of this section if the \n manufacturer demonstrates to the Commission that such \n ingredient is a trade secret, as determined by the \n Commission under subparagraph (D), based on a claim \n submitted by the manufacturer under subparagraph (B). \n An exemption for an ingredient under this paragraph \n shall be for a period of 5 years, after which the \n manufacturer may again submit a claim for an additional \n 5-year exemption.\n (B) Claims of trade secrecy.--A manufacturer making \n a claim that an ingredient is a trade secret shall file \n such claim with the Commission. Such claim shall \n contain--\n (i) the identity of the person making the \n claim;\n (ii) a brief description of the information \n for which trade secret protection is being \n claimed;\n (iii) the period of time for which trade \n secret protection is claimed and a \n justification for the period selected;\n (iv) the extent to which the information is \n known by employees or others involved with the \n facility or business, and whether or not those \n individuals with knowledge are bound by non-\n disclosure agreements;\n (v) the extent to which the information is \n known outside of the facility or business of \n the person, and whether or not individuals with \n such knowledge are bound by non-disclosure \n agreements;\n (vi) the measures taken to restrict access \n to and safeguard the information, and whether \n or not the person plans to continue utilizing \n such measures;\n (vii) copies of, or references to, any \n pertinent confidentiality determinations \n previously made by any public agencies;\n (viii) the estimated dollar value of the \n claimed information to the person's facility or \n business, and to that person's competitors;\n (ix) the amount of effort or money expended \n by the person's facility or business in \n developing the information;\n (x) the ease or difficulty with which the \n information could be properly acquired, \n duplicated or reverse-engineered by others;\n (xi) a description of the nature and extent \n of substantial harm that would be caused if the \n information were made public, including an \n explanation of the causal relationship between \n disclosure and the harmful effects claimed;\n (xii) the signature of the person's general \n counsel or other executive with knowledge of \n the preparation of the substantiating \n information certifying under penalty of \n perjury, based upon the knowledge and belief of \n the signatory, that--\n (I) the substantiating information \n is true, accurate, and complete;\n (II) the information for which \n trade secret protection is claimed is \n not otherwise publicly available; and\n (III) there is a reasonable basis \n to assert trade secret protection for \n the information so claimed; and\n (xiii) the name, mailing address, telephone \n number and email address of the individual to \n be contacted if any additional information is \n needed by the Commission to make a \n determination.\n (C) Limitation.--No ingredient may be claimed as a \n trade secret if such ingredient--\n (i) is publicly know to be in the product;\n (ii) can be discovered through a standard \n process of reverse engineering;\n (iii) is a hazardous substance within the \n meaning of section 2(f) of the Federal \n Hazardous Substances Act (15 U.S.C. 1261(f)); \n or\n (iv) is a substance--\n (I) meeting the criteria for \n category 1 or category 2 for any of the \n toxicity endpoints established by the \n Globally Harmonized System for the \n Classification and Labeling of \n Hazardous Substances that causes an \n adverse effect that has been \n demonstrated in humans or other exposed \n organisms; or\n (II) for which the weight of \n evidence (such as demonstration of an \n adverse effect, laboratory studies, or \n data for a chemical from the same \n chemical class that exhibits that \n adverse effect) demonstrates the \n potential for an adverse effect in \n humans or other exposed organisms, \n including actual or potential effects \n of exposure to the chemical substance \n or mixture on mortality, morbidity, \n including carcinogenesis, reproduction, \n growth and development, the immune \n system, the endocrine system, the brain \n or nervous system, other organ systems, \n or any other biological functions in \n humans or nonhuman organisms.\n (D) CPSC determination.--As promptly as practicable \n after receiving the information submitted by a \n manufacturer, the Commission shall make a determination \n on the basis of such information as to whether the \n ingredient is a legitimate trade secret and shall \n notify the manufacturer of its determination.\n (c) Treatment Under the FHSA.--A cleaning product that is not in \nconformity with the labeling requirements of subsection (a) and not \nexempt from such requirements pursuant to subsection (b) shall be \ntreated as a substance defined in section 2(p) of the Federal Hazardous \nSubstances Act (15 U.S.C. 1261(p)) for purposes of such Act.\n (d) No Effect on Existing Labeling Requirements.--Nothing in this \nAct shall be interpreted as having any effect on any labeling \nrequirements in effect before the date of enactment of this Act as \ndescribed in section 2(p) of the Federal Hazardous Substances Act (15 \nU.S.C. 1261(p)).\n (e) Rulemaking Authority.--The Commission may issue such \nregulations it determines necessary to provide for the effective \nenforcement of this Act, and shall consult with the Administrator of \nthe Environmental Protection Agency as necessary.\n\nSEC. 3. PUBLIC RIGHT TO KNOW PETITION.\n\n (a) Petition.--Any person may submit a petition to the Commission \nalleging that a cleaning product available in interstate commerce does \nnot satisfy the labeling requirements of this Act.\n (b) Action by the Commission.--The Commission shall notify a \npetitioner of the receipt of a petition within 30 days after receipt of \nsuch petition. The Commission shall investigate the claims made by the \npetition and make a determination as to the validity of such claims \nwithin 180 days after acknowledging the receipt of such petition. If \nthe Commission sustains the claim or claims made by the petition, the \nCommission shall initiate the proper enforcement actions required by \nlaw.\n (c) Regulations.--The Commission may issue such regulations as it \ndetermines necessary to require that petitions include a reasonable \nevidentiary basis for the claims made therein.\n\nSEC. 4. REQUIRED INTERNET DISCLOSURE.\n\n (a) Manufacturer Disclosure.--Each manufacturer of a cleaning \nproduct shall make available in a clear and conspicuous location on the \nwebsite of such manufacturer, if the manufacturer maintains a website, \na complete list of each of the manufacturer's cleaning products' \ningredients not later than 6 months after the date of enactment of this \nAct.\n (b) Content and Requirements of Disclosure.--The disclosure \nrequired by subsection (a) shall--\n (1) name and list the product's ingredients in the manner \n prescribed in section 3;\n (2) be reviewed every 120 days and revised as necessary to \n reflect changes to cleaning products;\n (3) include the appropriate Chemical Abstract Services \n number for each ingredient;\n (4) identify any potential adverse health effect of each \n ingredient in the cleaning product and use the appropriate \n signal word or hazard descriptor as prescribed in section 2(p) \n of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); \n and\n (5) be sortable by product, ingredient, adverse health \n effect, and other categories as determined by the Commission.\n (c) Commission Disclosure.--Promptly after the date set forth in \nsubsection (a), the Commission shall provide on the website of the \nCommission a web page that aggregates the information made available by \nmanufacturers under such subsection and that allows users to compare \nproducts made by different manufacturers. Such web page shall be \nreviewed every 6 months and revised as necessary to reflect changes to \ncleaning products.\n (d) Language Accessibility.--The disclosures required to be made on \na website or web page subject to this section shall be available in \nEnglish, Spanish, and any other language the Commission determines \nnecessary to ensure that users of a cleaning product in the United \nStates are informed as to the complete list of the product's \ningredients and potential adverse health effects.\n\nSEC. 5. ENHANCED PENALTIES.\n\n Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. \n1264(c)(1)) is amended by striking ``$15,000,000'' and inserting \n``$30,000,000''.\n\nSEC. 6. REPORTING.\n\n Not later than 2 years after the date of enactment of this Act and \nevery 2 years thereafter, the Commission shall prepare a report on \ncompliance with the labeling requirement of this Act and the \nenforcement activities of the Commission, and shall transmit such \nreport to Congress and make it publicly available on the Internet.\n\nSEC. 7. PREEMPTION.\n\n Nothing in this Act affects the right of a State or political \nsubdivision of a State to adopt or enforce any regulation, requirement, \nor standard of performance that is different from, or in addition to, a \nregulation, requirement, liability, or standard of performance \nestablished pursuant to this Act unless compliance with both this Act \nand the State or political subdivision of a State regulation, \nrequirement, or standard of performance is impossible, in which case \nthe applicable provision of this Act shall control.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Adverse health effect.--The term ``adverse health \n effect'' means a chemical or biochemical change, anatomic \n change, or functional impairment, or a known precursor to such \n a change or impairment, that--\n (A) has the potential to impair the performance of \n an anatomic structure of a vital system of an organism \n or progeny of an organism;\n (B) causes irreversible change in the homeostasis \n of an organism;\n (C) increases the susceptibility of an organism or \n progeny of an organism to other chemical or biological \n stressors or reduces the ability of an organism or \n progeny of an organism to respond to additional health \n or environmental challenges; or\n (D) affects, alters, or harms the environment such \n that the health of humans or other organisms is \n directly or indirectly threatened.\n (2) Air care product.--The term ``air care product'' means \n a chemically formulated consumer product designed to clean and \n freshen air or to deodorize and neutralize unwanted odors in \n the indoor air, including solid gels, air freshener spray, an \n outlet or battery operated air freshener, a hanging car air \n freshener, and a potpourri product.\n (3) Automotive product.--The term ``automotive product'' \n means a chemically formulated consumer product designed to \n maintain the appearance of a motor vehicle, but does not \n include automotive paint or a paint repair product.\n (4) Cleaning product.--The term ``cleaning product'' means \n any product used primarily for commercial, domestic, or \n institutional cleaning purposes, including an air care product, \n automotive product, disinfectant (except as provided in \n subparagraph (B)), and polish or floor maintenance product. \n Such term shall not include--\n (A) any drug or cosmetics, including a personal \n care items such as toothpaste, shampoo, and hand soap; \n or\n (B) a product labeled, advertised, marketed, and \n distributed for use only as a pesticide, as defined by \n section 2(u) of the Federal Insecticide, Fungicide and \n Rodenticide Act (7 U.S.C. 136(u)), including a \n disinfectant intended for use solely on critical or \n semi-critical devices as described by such section.\n (5) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission.\n (6) Ingredient.--The term ``ingredient'' means a chemical \n in a cleaning product, including--\n (A) a chemical that provides a technical or \n functional effect;\n (B) a chemical that has no technical or functional \n effect but is present by reason of having been \n incorporated into the cleaning product as an ingredient \n of another chemical;\n (C) a processing aid that is present by reason of \n having been added to a cleaning product during the \n processing of such cleaning product;\n (D) any substance that is present by reason of \n having been added to a cleaning product during \n processing for its technical or functional effect;\n (E) any contaminant that may leach from container \n materials or form via reactions over the shelf life of \n a cleaning product and that may be present at levels \n where detection is technologically feasible;\n (F) with respect to a fragrance or preservative, \n each individual component part of the fragrance or \n preservative by its individual name; and\n (G) any individual component of a petroleum-\n derived, animal-derived, or other ingredient that the \n Commission determines be considered an ingredient.\n (7) Polish or floor maintenance product.--The term ``polish \n or floor maintenance product'' means a chemically formulated \n consumer product designed to polish, protect, or maintain \n furniture, floors, metal, leather, or other surfaces, including \n polish, wax, and restorer.","summary":"Cleaning Product Right to Know Act of 2011 - Requires a cleaning product manufactured or offered for sale, distributed in commerce, or imported into the United States to bear a label listing each of its ingredients: (1) by the name assigned by the International Nomenclature of Cosmetic Ingredients or, if there is no such name, by the name assigned by the International Union of Pure and Applied Chemistry or, if there is none, by its common chemical name. And (2) in descending order of predominance by weight, except that ingredients that constitute less than 1 of the product can be listed at the end in any order. Allows the Consumer Product Safety Commission (CPSC) to exempt from such labeling requirement: (1) an ingredient that is present in a product at such low levels that detection is not technologically feasible, or (2) for five-year periods, an ingredient that a manufacturer demonstrates to be a trade secret. Sets forth required disclosures for, and limitations to, a manufacturer's claim that an ingredient is a trade secret. Requires a product that is not in conformity with the labeling requirements and not exempt to be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act (FHSA). Increases penalties for violations of FHSA. Authorizes any person to petition the CPSC to investigate claims that a product does not satisfy the labeling requirements. Requires: (1) each cleaning product manufacturer to make available on its website a complete list of ingredients for each product, including any potential adverse health effect of each ingredient. And (2) CPSC to provide on its website aggregated information that allows users to compare products made by different manufacturers.","title":"To require ingredient labeling of certain consumer cleaning products, and for other purposes.","text_len":18771,"sum_len":1734} {"bill_id":"109_hr4065","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Temporary Worker Registration and \nVisa Act of 2005''.\n\nSEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED \n WORKER REGISTRANTS.\n\n (a) In General.--The Immigration and Nationality Act is amended by \ninserting after section 245A (8 U.S.C. 1255a) the following new \nsection:\n\n``SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED \n WORKER REGISTRANTS.\n\n ``(a) Registration Process for Certain Undocumented Workers.--\n ``(1) In general.--The Secretary of Homeland Security shall \n register under this subsection an alien if the alien \n demonstrates to the satisfaction of the Secretary that the \n alien meets the following requirements:\n ``(A) Application.--\n ``(i) In general.--The alien applies for \n such registration in a form and manner \n specified by the Secretary during the \n registration period under clause (ii).\n ``(ii) Registration period.--The \n registration period under this clause shall be \n a 12-month period beginning on a date (not \n later than 180 days after the enactment of this \n section) designated by the Secretary.\n ``(B) Continuous unlawful presence.--\n ``(i) In general.--The alien has been \n continuously unlawfully present in the United \n States from January 1, 2005, through the date \n the application under subparagraph (A) is \n filed.\n ``(ii) Unlawful presence not known.--The \n alien's unlawful presence in the United States \n is not known to officials of the Bureau of \n Immigration and Customs Enforcement of the \n Department of Homeland Security (as evidenced \n by documentary records) at any time prior to \n the alien's application for registration under \n this subsection.\n ``(iii) Treatment of brief, casual, and \n innocent absences.--An alien shall not be \n considered to have failed to have maintained \n continuous physical presence in the United \n States for purposes of clause (i) by virtue of \n brief, casual, and innocent absences from the \n United States or a brief, temporary trip abroad \n required by emergency or extenuating \n circumstances outside the control of the alien\n ``(iv) No authorization of admission.--\n Nothing in this section shall be construed as \n authorizing an alien to apply for admission to, \n or to be admitted to, the United States in \n order to register under this subsection.\n ``(C) Nonimmigrants.--\n ``(i) In general.--In the case of an alien \n who entered the United States as a nonimmigrant \n before the date specified in subparagraph \n (B)(i), the alien's period of authorized stay \n as a nonimmigrant expired through the passage \n of time before such date.\n ``(ii) Exchange visitors.--If the alien was \n at any time a nonimmigrant exchange alien (as \n described in section 101(a)(15)(J)), the alien \n was not subject to the two-year foreign \n residence requirement of section 212(e) or has \n fulfilled that requirement or received a waiver \n thereof.\n ``(D) Admissible as temporary worker.--The alien--\n ``(i) is admissible to the United States as \n an immigrant, except as otherwise provided \n under paragraph (3), and is not inadmissible \n under paragraph (2) or (3) of section 212(a) or \n deportable under paragraph (2)(A)(iii) or (4) \n of section 237(a);\n ``(ii) has not been convicted of any felony \n or of three or more misdemeanors committed in \n the United States; and\n ``(iii) has not assisted in the persecution \n of any person or persons on account of race, \n religion, nationality, membership in a \n particular social group, or political opinion.\n ``(E) Biometric identifiers.--The alien provides \n the Secretary with such biometric identifiers as the \n Secretary may require for the issuance of a visa, in \n accordance with section 303(b)(1) of the Enhanced \n Border Security and Visa Entry Reform Act of 2002 (8 \n U.S.C. 1732(b)(1)).\n ``(F) Registration fee.--The alien has paid such \n registration fee as the Secretary shall specify.\n ``(G) Abandonment of other applications for \n relief.--The alien has withdrawn or has otherwise \n abandoned or terminated any other application for \n relief from removal under any law, which may have been \n pending prior to the submission of the application \n under subparagraph (A), and the alien has permanently \n relinquished the opportunity subsequently to submit any \n other such application for relief.\n ``(H) Employment in the united states.--\n ``(i) In general.--Except as provided in \n clause (ii), the alien was employed on a full-\n time basis in the United States since the date \n specified in subparagraph (B)(i).\n ``(ii) Exception for spouses and minor \n children of registrants.--Clause (i) shall not \n apply in the case of an alien who is the spouse \n or minor child of an alien who is registered \n (or in the process of registering) under this \n subsection.\n ``(2) Benefits of registration.--\n ``(A) Work authorization.--\n ``(i) In general.--The Secretary shall \n authorize an alien who is registered under this \n subsection to engage in employment in the \n United States during the term of the alien's \n registration and shall provide the alien with \n an `employment authorized' endorsement or other \n appropriate document signifying authorization \n of employment.\n ``(ii) Granting upon prima facie showing of \n eligibility.--In the case of an alien who \n applies for registration under this subsection \n and who establishes a prima facie case of \n eligibility to be so registered, the Secretary \n shall provide such alien with the employment \n authorization described in clause (i) during \n the pendency of such application.\n ``(3) Waiver of certain grounds for removal.--\n ``(A) In general.--Except as provided in this \n paragraph, the provisions of subparagraphs (A) and (B) \n of subsection (d)(2) of section 245A shall apply to \n determinations of eligibility for registration under \n this subsection in the same manner as they apply to \n determinations of admissibility for purposes of such \n section.\n ``(B) Modification of reference.--In applying \n subparagraph (A), any reference in section \n 245A(d)(2)(A) to section 212(a)(7)(A) is deemed a \n reference to section 212(a)(7)(B).\n ``(C) Inapplicability of certain grounds for \n subsequent removal.--For purposes of obtaining the \n benefits described in this subsection, and for purposes \n of any other determination under the immigration laws \n of the United States, any ground for removal or denial \n of admission (including grounds under sections \n 212(a)(6)(A) and 212(a)(9)(B)) applicable to an alien \n registered under this subsection shall be disregarded \n if the ground is reflected in the records of the \n Department of Homeland Security or the Department of \n State on the date on which the alien first applied for \n such registration and if such ground is waived under \n this paragraph.\n ``(4) Termination of registration.--\n ``(A) Expiration.--Except as provided in \n subparagraph (B), the period of registration of an \n alien under this section shall expire at the end of the \n 6-month period beginning on the date of the approval of \n such registration.\n ``(B) Termination of registration.--The Secretary \n of Homeland Security shall provide for the termination \n of registration of an alien under this subsection--\n ``(i) if it appears to the Secretary that \n the alien was in fact not eligible for such \n registration; or\n ``(ii) if the alien commits an act that \n makes the alien inadmissible to the United \n States as a nonimmigrant under section \n 101(a)(15)(W).\n ``(b) Provision of Temporary Worker Visa.--\n ``(1) In general.--The Secretary of Homeland Security shall \n approve the issuance of a visa to an alien as a nonimmigrant \n described in section 101(a)(15)(W) if the alien--\n ``(A) is registered under subsection (a); and\n ``(B) makes application for such visa at an \n appropriate consular office outside the United States \n in the alien's country of nationality or, in the case \n of an alien having no nationality, in the alien's \n country of last habitual residence outside the United \n States, not later than 6 months after the date of \n approval of such registration.\n ``(2) Period of authorized admission.--\n ``(A) In general.--Subject to subparagraph (B), the \n initial period of authorized admission as a \n nonimmigrant described in section 101(a)(15)(W) shall \n be 3 years.\n ``(B) Employment required to maintain status.--\n ``(i) In general.--An alien's admission as \n a nonimmigrant under section 101(a)(15)(W), \n other than as the spouse or child of such a \n nonimmigrant, is conditioned upon continuous \n employment in the United States.\n ``(ii) Short breaks in employment permitted \n with notice.-- An alien does not violate clause \n (i) if--\n ``(I) the break in employment does \n not exceed 30 days (or such longer \n period as the Secretary may provide \n based on extraordinary circumstances); \n and\n ``(II) the Secretary is provided \n notice in a timely manner of the break \n in employment and of the resumption of \n employment.\n ``(C) Extension.--\n ``(i) In general.--The period of authorized \n admission as a nonimmigrant under section \n 101(a)(15)(W) may be extended by the Secretary \n in 3-year increments. The Secretary may not \n authorize such extension for an alien if the \n alien violated subparagraph (B) for the \n previous period of authorized admission.\n ``(ii) Extension fee.-- The Secretary shall \n impose a fee on applicants for an extension \n under clause (i).\n ``(D) Termination of nonimmigrant status.--The \n Secretary of Homeland Security shall provide for the \n termination of nonimmigrant status granted an alien \n under this subsection if it appears to the Secretary \n that the alien was in fact not eligible for \n registration under subsection (a).\n ``(c) Application of Certain Provisions.--\n ``(1) Confidentiality and false statement.--The provisions \n of paragraphs (5) and (6) of subsection (c) of section 245A \n shall apply to applications for registration under subsection \n (a) in the same manner as they applied to applications for \n adjustment under section 245A.\n ``(2) Temporary stay of deportation.--The provisions of \n subsection (e)(1) of section 245A shall apply to aliens with \n respect to the application period and registration under \n subsection (a) in the same manner as they applied to the \n application period and applications for adjustment under \n subsection (a) of such section.\n ``(d) Construction.--\n ``(1) Limited follow-to-join authority for family \n members.--Nothing in this section shall be construed as \n authorizing, in the case of an alien registered under \n subsection (a)--\n ``(A) the registration of any family member of such \n alien unless such family member meets the requirements \n for such registration; or\n ``(B) the issuance of a nonimmigrant visa under \n section 101(a)(15)(W) to such family member unless such \n family member qualifies for such a visa.\n ``(2) Change in nonimmigrant classification; adjustment of \n status.--Nothing in this section shall be construed as \n prohibiting the change of nonimmigrant classification, or \n adjustment to lawful permanent resident status, of an alien who \n\n is a nonimmigrant described in section 101(a)(15)(W).''.\n (b) New Nonimmigrant Visa Category.--Section 101(a)(15) of such Act \n(8 U.S.C. 1101(a)(15)) is amended--\n (1) in subparagraph (U), by striking ``or'' at the end;\n (2) in subparagraph (V), by striking the period at the end \n and inserting ``; or''; and\n (3) by adding at the end the following new subparagraph:\n ``(W) an alien who is coming temporarily to the United \n States to be employed in accordance with subsection (b) of \n section 245B, and the spouse and minor children of such alien \n if accompanying or following to join the alien and qualified \n under paragraph (1) of such subsection to be provided \n nonimmigrant status under this subparagraph.''.\n (c) Clerical Amendment.--The table of contents for such Act is \namended by inserting after the item relating to section 245A the \nfollowing:\n\n``Sec. 245B. Issuance of temporary worker visa for certain undocumented \n worker registrants.''.","summary":"Temporary Worker Registration and Visa Act of 2005 - Amends the Immigration and Nationality Act to provide for issuance of a temporary worker visa (W-visa) for qualifying aliens who have been continuously unlawfully present and working full-time in the United States from January 1, 2005 through the application date provided for under this Act. Conditions such admission on the alien worker's continuous employment. Limits family member follow-to-join admissions to situations where the family member meets registration or W-visa requirements.","title":"To amend the Immigration and Nationality Act to provide certain undocumented workers with temporary work visas.","text_len":16735,"sum_len":544} {"bill_id":"115_s2931","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Milestones to Measure \nProgress in Ending the Opioid Epidemic Act of 2018''.\n\nSEC. 2. NATIONAL MILESTONES TO MEASURE SUCCESS IN CURTAILING THE OPIOID \n EPIDEMIC.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of Health and Human Services \n(referred to in this Act as the ``Secretary''), in consultation with \nthe Administrator of the Drug Enforcement Administration and the \nDirector of the Office of National Drug Control Policy, shall develop \nnational indicators to measure success in curtailing the opioid \nepidemic, with the goal of significantly reversing the toll of opioid \nmisuse and opioid-related morbidity and mortality in the United States \nwithin 5 years of such date of enactment (referred to in this section \nas the ``national milestones'').\n (b) National Milestones To End the Opioid Epidemic.--The national \nmilestones under subsection (a) shall include the following:\n (1) The establishment of not fewer than 10 indicators or \n metrics to accurately and expediently measure progress in \n meeting the goal described in subsection (a)(1), which shall \n include--\n (A) a reduction in fatal and non-fatal opioid \n overdoses;\n (B) a reduction in emergency room visits related to \n opioid misuse and abuse;\n (C) an increase in public and provider education, \n including a focus on reducing stigma associated with \n opioid use disorder;\n (D) an increase in the number of individuals in \n sustained recovery from opioid use disorder;\n (E) a reduction in the number of co-infections \n associated with injection drug use, such as HIV, viral \n hepatitis, and endocarditis, and an expanded capacity \n to reduce initial infections and enhance access to \n treatment;\n (F) an increase in the number of providers \n prescribing medically assisted treatment for opioid use \n disorder in different settings, including primary care, \n community health centers, jails, and prisons;\n (G) an increase in the number of harm reduction \n organizations, including syringe services programs and \n naloxone distribution programs;\n (H) an increase in the number of individuals \n admitted to opioid use disorder treatment; and\n (I) additional indicators or metrics, such as \n metrics pertaining to specific populations, including \n women and children, American Indians and Alaskan \n Natives, individuals living in rural and non-urban \n areas, and justice-involved populations, that would \n further clarify the progress made in addressing the \n opioid misuse and abuse epidemic, as the Secretary \n determines appropriate.\n (2) A reasonable goal, such as a percentage decrease or \n other specified metric, that signifies progress in meeting the \n goal described in subsection (a), and annual targets to help \n achieve that goal.\n (c) Extension of Period.--If the Secretary determines that the goal \ndescribed in subsection (a) will not be achieved with respect to any \nindicator or metric established under subsection (b)(2) within 5 years \nof the date of enactment of this Act, the Secretary may extend the \ntimeline for meeting such goal with respect to that indicator or \nmetric. The Secretary shall include with any such extension a rationale \nfor why additional time is needed and a description of changes the \nSecretary will make in order to achieve such goal with respect to the \nindicator or metric.\n (d) Reports.--During the 5-year period described in subsection (a) \nor such extended period as the Secretary may determine under subsection \n(c), the Secretary shall--\n (1) submit to Congress annual reports on the national \n milestones; and\n (2) make each such report publicly available.\n (e) Annual Status Update.--Beginning one year after submission of \nthe report under subsection (d) and for each year thereafter that a \nreport is required under such subsection, the Secretary shall provide \nan update to Congress on the progress of Federal agencies in achieving \nthe goals detailed in the national milestones. Each such update shall \ninclude--\n (1) the total Federal investment in programs addressing the \n opioid epidemic and the amount invested in each program, both \n by fiscal year and, for programs created after fiscal year \n 2015, the total spent since the program's creation;\n (2) an evaluation of the most and least effective Federal \n programs intended to respond to the opioid crisis;\n (3) the progress made in the first year or since the \n previous report, as applicable, in meeting each indicator or \n metric in the national milestones; and\n (4) the Secretary's proposal for meeting each specified \n indicator or metric in the proceeding year.","summary":"National Milestones to Measure Progress in Ending the Opioid Epidemic Act of 2018 This bill requires the Department of Health and Human Services (HHS) to develop national milestones to measure progress in reducing the opioid epidemic over a five-year period based on certain metrics, such as opioid-related overdoses, emergency room visits, and treatment admissions. HHS must submit annual reports and status updates, including evaluations of federal programs that are intended to address the opioid epidemic.","title":"National Milestones to Measure Progress in Ending the Opioid Epidemic Act of 2018","text_len":5392,"sum_len":509} {"bill_id":"115_hr1819","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Coal Cleanup Taxpayer Protection \nAct''.\n\nSEC. 2. SURFACE COAL MINING BONDING.\n\n Section 509 of the Surface Mining Control and Reclamation Act of \n1977 (30 U.S.C. 1259) is amended--\n (1) by striking subsection (c) and inserting the following:\n ``(c) Alternative Bonding System.--The Secretary may approve as \npart of a State or Federal program an alternative system that will--\n ``(1) achieve the objectives and purposes of the bonding \n program pursuant to this section; and\n ``(2) result in no greater risk of financial liability to \n the Federal Government or a State government than the bonding \n program under this section.''; and\n (2) by adding at the end the following:\n ``(f) Self-Bonding.--\n ``(1) Federal programs.--\n ``(A) In general.--Effective on the date of \n enactment of this subsection, the Secretary--\n ``(i) may not accept the bond of the \n applicant itself (referred to in this \n subsection as a `self-bond'); but\n ``(ii) may accept a separate surety or \n collateral bond, consistent with the terms \n under subsection (b).\n ``(B) Existing self-bonds.--For coal mining \n operations covered by a self-bond accepted by the \n Secretary prior to the date of enactment of this \n subsection, the permittee shall replace the self-bond \n with another form of bond acceptable to the Secretary \n under this section by not later than the earlier of--\n ``(i) the date of renewal of the permit \n under section 506(d); and\n ``(ii) the date of any major permit \n modification under section 506.\n ``(2) State programs.--\n ``(A) In general.--Not later than 90 days after the \n date of enactment of this subsection, the Secretary \n shall notify all State regulatory authorities that \n allow applicants to self-bond that the approved \n regulatory programs of the State regulatory authority \n must be amended--\n ``(i) to remove the authority for \n applicants to self-bond; and\n ``(ii) to require coal mining operations \n covered by a self-bond accepted by the State \n regulatory authority prior to the date of \n enactment of this subsection to replace the \n self-bond with another form of bond acceptable \n under this section by not later than the \n earlier of--\n ``(I) the date of renewal of the \n permit under section 506(d); and\n ``(II) the date of any major permit \n modification under section 506.\n ``(g) Bonds Issued by Surety.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this subsection, the Secretary shall issue rules \n establishing limitations on surety bonds accepted under this \n section to minimize the risk of financial liability to the \n Federal Government or a State government, including rules \n regarding--\n ``(A) the maximum quantity of corporate surety \n bonds issued by any 1 corporate surety as a percentage \n of the total quantity of coal mine reclamation bonds in \n any 1 State;\n ``(B) the minimum percentage of surety bonds \n unrelated to activities regulated pursuant to this Act \n required to reinsure corporate surety bonds;\n ``(C) the minimum collateralization required for \n corporate surety bonds; and\n ``(D) the minimum amount of cash assets required to \n be held by a corporate surety as a percentage of coal \n mine reclamation bonds issued by the corporate surety.\n ``(2) Existing corporate bonds.--Corporate surety bonds in \n existence on the date of enactment of this subsection must be \n modified or replaced as necessary by not later than 1 year \n after the date on which the rule is issued under paragraph (1).\n ``(h) Collateral Requirements.--Real property posted as collateral \nfor a bond may not include--\n ``(1) coal;\n ``(2) a coal mine;\n ``(3) land that includes a coal mine;\n ``(4) land that is located above a coal mine;\n ``(5) a coal processing facility;\n ``(6) a coal waste disposal site;\n ``(7) coal mining equipment unlikely to retain salvage or \n resale value; or\n ``(8) any other property determined by the Secretary.\n ``(i) Executive Compensation.--The Secretary may require the \ninclusion of executive compensation, including salaries and bonuses of \nofficers and executives, of an applicant under this section, and any \naffiliated company, as collateral for a bond under this section.''.","summary":"Coal Cleanup Taxpayer Protection Act This bill amends the Surface Mining Control and Reclamation Act to prohibit the Office of Surface Mining and Reclamation Enforcement (OSMRE)and state regulatory authoritiesfrom accepting new self-bonds for coal reclamation. Additionally, any existing self-bonds or corporate bondsutilized for coal reclamationmust be converted to surety or collateral bonds. The OSMRE may approve state or federal alternative coal miningbond programs thatresult in no greater risk of financial liability to the federalgovernment than a surety or collateral bond program. The bill also requires the OSMRE to issue rules establishing limitations on surety bondsto minimize the financial liability to the federal or stategovernment.","title":"Coal Cleanup Taxpayer Protection Act","text_len":5523,"sum_len":749} {"bill_id":"107_s2231","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Survivors' and Dependents' \nEducational Assistance Adjustment Act of 2002''.\n\nSEC. 2. INCREMENTAL INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' \n EDUCATIONAL ASSISTANCE.\n\n (a) Survivors' and Dependents' Educational Assistance.--Section \n3532 of title 38, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (1), by striking ``at the monthly \n rate of'' and all that follows and inserting ``at the \n monthly rate of--\n ``(A) for months occurring during fiscal year 2003, $900 \n for full-time, $676 for three-quarter-time, or $450 for half-\n time pursuit; and\n ``(B) for months occurring during a subsequent fiscal year, \n $985 for full-time, $740 for three-quarter-time, or $492 for \n half-time pursuit.''; and\n (B) in paragraph (2), by striking ``at the rate \n of'' and all that follows and inserting ``at the rate \n of the lesser of--\n ``(A) the established charges for tuition and fees that the \n educational institution involved requires similarly \n circumstanced nonveterans enrolled in the same program to pay; \n or\n ``(B)(i) for months occurring during fiscal year 2003, $900 \n per month for a full-time course; or (ii) for months occurring \n during a subsequent fiscal year, $985 per month for a full-time \n course.'';\n (2) in subsection (b), by striking ``at the rate of'' and \n all that follows and inserting ``at the rate of--\n ``(1) for months occurring during fiscal year 2003, $900 \n per month; and\n ``(2) for months occurring during a subsequent fiscal year, \n $985 per month.''; and\n (3) in subsection (c)(2), by striking ``shall be'' and all \n that follows and inserting ``shall be--\n ``(A) for months occurring during fiscal year 2003, $727 \n for full-time, $545 for three-quarter-time, or $364 for half-\n time pursuit; and\n ``(B) for months occurring during a subsequent fiscal year, \n $795 for full-time, $596 for three-quarter-time, or $398 for \n half-time pursuit.''.\n (b) Correspondence Courses.--Section 3534(b) of that title is \namended by striking ``for each $670'' and all that follows and \ninserting ``for each amount which is paid to the spouse as an \neducational assistance allowance for such course as follows:\n ``(1) For amounts paid during fiscal year 2003, $900.\n ``(2) For amounts paid during a subsequent fiscal year, \n $985.''.\n (c) Special Restorative Training.--Section 3542(a) of that title is \namended--\n (1) by inserting ``(1)'' after ``(a)'';\n (2) by designating the second sentence as paragraph (2) and \n indenting such paragraph, as so designated, two ems from the \n left margin;\n (3) in paragraph (1), as so designated, by striking ``the \n basic rate of $670 per month.'' and inserting ``the basic rate \n of--\n ``(A) for months occurring during fiscal year 2003, $900 \n per month; and\n ``(B) for months occurring during a subsequent fiscal year, \n $985 per month.''; and\n (4) in paragraph (2), as so designated--\n (A) by striking ``$184 per calendar month'' and \n inserting ``$282 per calendar month for months \n occurring during fiscal year 2003, or $307 per calendar \n months for months occurring during a subsequent fiscal \n year''; and\n (B) by striking ``$184 a month'' and inserting \n ``$282 a month for months occurring during fiscal year \n 2003, or $307 a month for months occurring during a \n subsequent fiscal year''.\n (d) Apprenticeship Training.--Section 3687(b)(2) of that title is \namended by striking ``shall be $488 for the first six months'' and all \nthat follows and inserting ``shall be--\n ``(A) $655 for the first six months, $490 for the second \n six months, $325 for the third six months, and $164 for the \n fourth and any succeeding six-month period of training, if such \n six-month period of training begins during fiscal year 2003; \n and\n ``(B) $717 for the first six months, $536 for the second \n six months, $356 for the third six months, and $179 for the \n fourth and any succeeding six-month period of training, if such \n six-month period of training begins during a subsequent fiscal \n year.''.\n (e) Effective Date.--(1) The amendments made by this section shall \ntake effect as of October 1, 2003, and shall apply with respect to \neducational assistance allowances payable under chapter 35 and section \n3687(b)(2) of title 38, United States Code, for months beginning on or \nafter that date.\n (2) No adjustment in rates of monthly training allowances shall be \nmade under section 3687(d) of title 38, United States Code, for fiscal \nyears 2003 and 2004.\n\nSEC. 3. MODIFICATION OF DURATION OF EDUCATIONAL ASSISTANCE.\n\n Section 3511(a)(1) of title 38, United States Code, is amended by \nstriking ``45 months'' and all that follows and inserting ``45 months, \nor 36 months in the case of a person who first files a claim for \neducational assistance under this chapter after the date of the \nenactment of the Survivors' and Dependents' Educational Assistance \nAdjustment Act of 2002, or to the equivalent thereof in part-time \ntraining.''.\n\nSEC. 4. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE \n APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES.\n\n (a) Increase in Amount.--Section 3674(a)(4) of title 38, United \nStates Code, is amended in the first sentence by striking ``may not \nexceed $13,000,000'' and all that follows through the end and inserting \n``may not exceed $18,000,000.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on October 1, 2002.","summary":"Survivors' and Dependents' Educational Assistance Adjustment Act of 2002 - Provides incremental increases in the rates of educational assistance provided to veterans' survivors and dependents, including for full- and part-time courses, correspondence courses, special restorative training, and apprenticeship training. Entitles an eligible person who first files a claim for such assistance after enactment of this Act to assistance for up to 36 months. Increases the annual aggregate amount available to State educational approving agencies for the reimbursement of administrative expenses.","title":"A bill to amend title 38, United States Code, to provide an incremental increase in amounts of educational assistance for survivors and dependents of veterans, and for other purposes.","text_len":6206,"sum_len":591} {"bill_id":"112_s1575","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy-Efficient Cool Roof Jobs \nAct''.\n\nSEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS.\n\n (a) 20-Year Recovery Period.--\n (1) In general.--Subparagraph (F) of section 168(e)(3) of \n the Internal Revenue Code of 1986 (relating to classification \n of certain property) is amended to read as follows:\n ``(F) 20-year property.--The term `20-year \n property' means--\n ``(i) initial clearing and grading land \n improvements with respect to any electric \n utility transmission and distribution plant, \n and\n ``(ii) any qualified energy-efficient cool \n roof replacement property.''.\n (2) Qualified energy-efficient cool roof replacement \n property.--Section 168(e) of such Code is amended by adding at \n the end the following new paragraph:\n ``(9) Qualified energy-efficient cool roof replacement \n property.--\n ``(A) In general.--The term `qualified energy-\n efficient cool roof replacement property' means any \n roof system--\n ``(i) which is placed in service--\n ``(I) above conditioned or semi-\n heated space on an eligible commercial \n building, and\n ``(II) during the period beginning \n on the date of the enactment of this \n paragraph and ending on December 31, \n 2013,\n ``(ii) which has a slope equal to or less \n than 2:12,\n ``(iii) which replaces an existing roof \n system, and\n ``(iv) which includes--\n ``(I) insulation which meets or \n exceeds the minimum prescriptive \n requirements in tables A-1 to A-9 in \n the Normative Appendix A of ASHRAE \n Standard 189.1-2009, and\n ``(II) in the case of an eligible \n commercial building located in a \n climate zone other than climate zone 6, \n 7, or 8 (as specified in ASHRAE \n Standard 90.1-2010), a primary roof \n covering which has a cool roof surface.\n ``(B) Cool roof surface.--The term `cool roof \n surface' means a roof the exterior surface of which --\n ``(i) has a 3-year-aged solar reflectance \n of at least 0.55 and a 3-year-aged thermal \n emittance of at least 0.75, as determined in \n accordance with the Cool Roof Rating Council \n CRRC-1 Product Rating Program, or\n ``(ii) has a 3-year-aged solar reflectance \n index (SRI) of at least 64, as determined in \n accordance with ASTM Standard E1980, \n determined--\n ``(I) using a medium-wind-speed \n convection coefficient of 12 W\/m2.K, \n and\n ``(II) using the values for 3-year-\n aged solar reflectance and 3-year-aged \n thermal emittance determined in \n accordance with the Cool Roof Rating \n Council CRRC-1 Product Rating Program.\n ``(C) Roof system.--The term `roof system' means a \n system of roof components, including roof insulation \n and a membrane or primary roof covering, but not \n including the roof deck, designed to weather-proof and \n improve the thermal resistance of a building.\n ``(D) Eligible commercial building.--The term \n `eligible commercial building' means any building--\n ``(i) which is within the scope of ASHRAE \n Standard 90.1-2010,\n ``(ii) which is located in the United \n States,\n ``(iii) with respect to which depreciation \n (or amortization in lieu of depreciation) is \n allowable, and\n ``(iv) which was placed in service prior to \n December 31, 2009.\n ``(E) ASHRAE.--The term `ASHRAE' means the American \n Society of Heating, Refrigerating and Air-Conditioning \n Engineers.''.\n (b) Requirement To Use Straight Line Method.--Paragraph (3) of \nsection 168(b) of such Code is amended by adding at the end the \nfollowing new subparagraph:\n ``(J) Any qualified energy-efficient cool roof \n replacement property.''.\n (c) Alternative System.--The table contained in section \n168(g)(3)(B) of such Code is amended by striking the last item and \ninserting the following new items:\n\n ``(F)(i)........................................... 25 \n (F)(ii)........................................... 27.5''.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.","summary":"Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines qualified energy-efficient cool roof replacement property as any roof system that: (1) is placed in service above conditioned or semi-heated space on an eligible commercial building during the period between the enactment of this Act and December 31, 2013, (2) has a slope equal to or less than 2:12, (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface.","title":"A bill to amend the Internal Revenue Code of 1986 to modify the depreciation recovery period for energy-efficient cool roof systems.","text_len":5938,"sum_len":652} {"bill_id":"108_hr851","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Accountability Study Act''.\n\nSEC. 2. TRADE IMPACT COMMISSION.\n\n (a) Establishment.--There is established the ``Trade Impact Review \nCommission'' (in this Act referred to as the ``Commission'').\n (b) Duties.--The Commission shall--\n (1) determine--\n (A) the extent to which exports of goods of the \n United States to NAFTA countries, and imports of goods \n of NAFTA countries into the United States, have \n increased or decreased since January 1, 1994; and\n (B) the number of jobs in the United States that \n have been created as a result of increased exports of \n goods of the United States to NAFTA countries, and the \n number of jobs in the United States that have been lost \n as a result of increased imports of goods of NAFTA \n countries into the United States, since January 1, \n 1994; and\n (2) determine--\n (A) the extent to which exports of goods of the \n United States to the People's Republic of China, and \n imports of goods of the People's Republic of China into \n the United States, have increased or decreased since \n December 11, 2001; and\n (B) the number of jobs in the United States that \n have been created as a result of increased exports of \n goods of the United States to the People's Republic of \n China, and the number of jobs in the United States that \n have been lost as a result of increased imports of \n goods of the People's Republic of China into the Untied \n States, since December 11, 2001; and\n (3) submit to the appropriate committees of the Congress, \n the Secretary of Commerce, the Secretary of Labor, and the \n United States Trade Representative, the findings of the \n Commission under paragraphs (1) and (2), as well as any \n recommendations the Commission has for strengthening the United \n States labor force in light of such findings.\n (c) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of 5 members appointed as follows:\n (A) 1 member appointed by the President.\n (B) 1 member appointed by the Speaker of the House \n of Representatives.\n (C) 1 member appointed by the minority leader of \n the House of Representatives.\n (D) 1 member appointed by the majority leader of \n the Senate.\n (E) 1 member appointed by the minority leader of \n the Senate.\n (2) Persons eligible.--\n (A) In general.--The members of the Commission \n shall be individuals who have knowledge or expertise, \n whether by experience or training, in matters to be \n studied by the Commission. The members may be from the \n public or private sector, and may include employees of \n the Federal Government or of State or local \n governments, members of academia, nonprofit \n organizations, or industry, or other interested \n individuals.\n (B) Diversity.--It is the intent of the Congress \n that persons appointed to the Commission under \n paragraph (1) be persons who represent diverse economic \n and professional backgrounds from different regions of \n the United States.\n (3) Consultation and appointment.--\n (A) In general.--The President, Speaker of the \n House of Representatives, minority leader of the House \n of Representatives, majority leader of the Senate, and \n minority leader of the Senate shall consult among \n themselves before appointing the members of the \n Commission in order to achieve, to the maximum extent \n practicable, fair and equitable representation of \n various points of view with respect to the matters to \n be studied by the Commission.\n (B) Completion of appointments; vacancies.--The \n President, Speaker of the House of Representatives, \n minority leader of the House of Representatives, \n majority leader of the Senate, and minority leader of \n the Senate shall conduct the consultation under \n subparagraph (A) and make their respective appointments \n not later than 60 days after the date of the enactment \n of this Act.\n (4) Terms and vacancies.--Each member of the Commission \n shall be appointed for the life of the Commission. A vacancy in \n the membership of the Commission shall not affect the powers of \n the Commission and shall be filled, not later than 30 days \n after the vacancy occurs, in the same manner as the original \n appointment was made.\n (5) Chair and vice chair.--The Commission shall select a \n Chair and Vice Chair from among its members.\n (d) Meetings.--\n (1) Initial meeting.--Not later than 30 days after the date \n on which all members of the Commission have been appointed, the \n Commission shall hold its first meeting.\n (2) Subsequent meetings.--After the initial meeting, the \n Commission shall meet at the call of the Chair.\n (e) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum for the transaction of business, but a lesser \nnumber of members may hold hearings.\n (f) Compensation.--\n (1) Rate.--Except as provided in paragraph (2), members of \n the Commission shall each be paid the daily equivalent of the \n annual rate of pay payable for level IV of the Executive \n Schedule under section 5315 of title 5, United States Code, for \n each day (including travel time) during which they are engaged \n in the actual performance of duties vested in the Commission.\n (2) Prohibition of compensation of federal employees.--A \n member of the Commission who is a full-time officer or employee \n of the United States or a Member of Congress may not receive \n additional pay, allowances, or benefits by reason of his or her \n service on the Commission.\n (g) Travel Expenses.--Each member of the Commission shall receive \ntravel expenses, including per diem in lieu of subsistence, in \naccordance with applicable provisions under subchapter I of chapter 57 \nof title 5, United States Code.\n (h) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n (i) Staff of Federal Agencies.--Upon the request of the Commission, \nthe head of any Federal department or agency may detail, on a \nreimbursable basis, any of the personnel of that department or agency \nto the Commission to assist it in carrying out its duties under this \nsection.\n (j) Powers.--\n (1) Hearings and sessions.--The Commission may, for the \n purpose of carrying out this section, hold hearings, sit and \n act at times and places, take testimony, and receive evidence \n as the Commission considers appropriate.\n (2) Powers of members and agents.--Any member or agent of \n the Commission may, if authorized by the Commission, take any \n action which the Commission is authorized to take by this \n section.\n (3) Obtaining official data.--The Commission may secure \n directly from any department or agency of the United States \n information necessary to enable it to carry out this section. \n Upon request of the Chair or Vice Chair of the Commission, the \n head of that department or agency shall furnish that \n information to the Commission.\n (4) Mails.--The Commission may use the United States mails \n in the same manner and under the same conditions as other \n departments and agencies of the United States.\n (5) Administrative support services.--Upon the request of \n the Commission, the Administrator of General Services shall \n provide to the Commission, on a reimbursable basis, the \n administrative support services necessary for the Commission to \n carry out its responsibilities under this section.\n (k) Report.--The Commission shall transmit a report containing its \nfindings and recommendations under subsection (b)(3) not later than 180 \ndays after the first meeting of the Commission under subsection (d)(1).\n (l) Termination.--The Commission shall terminate 30 days after \nsubmitting its report under subsection (k).\n (m) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 3. FUTURE NEGOTIATIONS.\n\n In preparing for and engaging in negotiations for trade agreements, \nthe President shall ensure that the findings and recommendations of the \nTrade Impact Commission established in section 2 are included in \ndeveloping trade policy with respect to such negotiations.\n\nSEC. 4. PRESIDENTIAL CERTIFICATIONS.\n\n The President shall submit to the Congress, not later than May 31 \nof each year, a report that certifies whether or not--\n (1) each NAFTA country is meeting commitments made in the \n North American Agreement on Environmental Cooperation and in \n the North American Agreement on Labor Cooperation; and\n (2) the People's Republic of China is meeting its \n obligations with respect to protection of the environment and \n worker rights by reason of its accession to the World Trade \n Organization, including commitments made to the United States.\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act:\n (1) NAFTA.--The term ``NAFTA'' means the North American \n Free Trade Agreement entered into by the United States, Canada, \n and Mexico on December 17, 1992.\n (2) NAFTA country.--The term ``NAFTA country'' has the \n meaning given that term in section 2(4) of the North American \n Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).\n (3) North american agreement on environmental \n cooperation.--The term ``North American Agreement on \n Environmental Cooperation'' has the meaning given that term in \n section 532(b)(2) of the North American Free Trade Agreement \n Implementation Act (19 U.S.C. 3472(b)(2)).\n (4) North american agreement on labor cooperation.--The \n term ``North American Agreement on Labor Cooperation'' has the \n meaning given that term in section 531(b)(2) of the North \n American Free Trade Agreement Implementation Act (19 U.S.C. \n 3471(b)(2)).","summary":"Trade Accountability Study Act - Establishes the Trade Impact Review Commission to determine: (1) the extent to which exports of US goods to North American Free Trade Agreement (NAFTA) countries, and imports into the United States of goods from NAFTA countries, have increased or decreased since January 1, 1994. (2) the number of jobs in the United States that have resulted from increased exports of US goods to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports into the United States of goods from NAFTA countries, since January 1, 1994. (3) the extent to which exports of US goods to the People's Republic of China, and imports into the United States of Chinese goods, have increased or decreased, since December 11, 2001. And (4) the number of jobs in the United States that have resulted from increased exports of US goods to China, and the number of jobs in the United States lost as a result of increased imports into the United States of goods from China, since December 11, 2001. Directs the President to certify annually to Congress whether or not: (1) each NAFTA country is meeting its commitments with respect to the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation. And (2) China is meeting its obligations with respect to the protection of the environment and worker rights because of its accession to the World Trade Organization, including commitments made to the United States.","title":"To assess the impact of the North American Free Trade Agreement and the entry of the People's Republic of China into the World Trade Organization on American jobs, the environment, and worker rights.","text_len":11322,"sum_len":1518} {"bill_id":"111_hr3827","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Every Child Deserves a Family Act''.\n\nSEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) There is a shortage of qualified individuals willing to \n adopt or foster a child in the child welfare system. As a \n result, thousands of foster children lack a permanent and safe \n home.\n (2) In order to open more homes to foster children, child \n welfare agencies should work to eliminate sexual orientation, \n gender identification, and marital status discrimination and \n bias in adoption and foster care recruitment, selection, and \n placement procedures.\n (3) Of the estimated 500,000 children in the United States \n foster care system, over 129,000 cannot return to their \n original families and are legally free for adoption.\n (A) Fifty-one thousand children were adopted in \n 2007, while 25,000 youth ``aged out'' of the foster \n care system.\n (B) Research shows that youth who ``age out'' of \n the foster care system are at a high risk for poverty, \n homelessness, incarceration, and early parenthood.\n (C) Increasing adoption rates, in addition to \n establishing permanency and decreasing risk factors for \n foster youth, can yield annual national cost savings \n between $3,300,000,000 and $6,300,000,000.\n (4) As of 2007, gay, lesbian, and bisexual parents were \n raising 4 percent of all adopted children and fostering for 3 \n percent of all foster children. A report from the Evan B. \n Donaldson Institute found that an additional 2,000,000 gay, \n lesbian, and bisexual individuals are interested in adoption.\n (5) According to the Urban Institute, same-sex couples \n raising adopted children tend to be older, more educated, and \n have more economic resources than other adoptive parents. \n Studies confirm that children with same-sex parents have the \n same advantages and same expectations for health, social and \n psychological adjustment, and development as children whose \n parents are heterosexual.\n (6) An Evan B. Donaldson Adoption Institute study found \n that one-third of child welfare agencies in the United States \n currently reject gay, lesbian, and bisexual applicants, citing \n a conflict with the religious beliefs associated with the \n agency, State law prohibiting placement with gay, lesbian, or \n bisexual parents, or a policy of placing children with married-\n heterosexual only couples.\n (A) The practice of prohibiting applicants from \n becoming foster parents or adopting children solely on \n the basis of sexual orientation or marital status has \n resulted in reducing the number of qualified adoptive \n and foster parents overall and denying gay, lesbian, \n bisexual, and unmarried relatives the opportunity to \n become foster parents for their own kin, including \n grandchildren, or to adopt their own kin, including \n grandchildren, from foster care.\n (B) Over 14,000 children are currently in \n placements with gay, lesbian, and bisexual adoptive and \n foster parents. If other States followed the minority \n of States and discriminated against qualified \n individuals because of their sexual orientation or \n marital status, foster care expenditures would increase \n between $87,000,000 and $130,000,000 per year in order \n to pay for additional institutional and group care, as \n well as to recruit and train new foster and adoptive \n parents.\n (7) Some States allow 1 member of a same-sex couple to \n adopt, but do not recognize both members of the couple as the \n child's legal parents. Recognition of joint and second-parent \n adoption provides children with the same rights and security \n that children of heterosexual parents enjoy. These protections \n include access to both parents' health benefits; survivor's, \n Social Security, and child support entitlements; legal grounds \n for either parent to provide consent for medical care, \n education, and other important decisions; as well as the \n establishment of permanency for both parents and child.\n (8) Professional organizations in the fields of medicine, \n law, and child welfare have taken official positions in support \n of the ability of qualified gay, lesbian, bisexual, and \n unmarried couples to foster and adopt, as supported by \n scientific research showing sexual orientation as a \n nondeterminative factor in parental success.\n (b) Purposes.--The purposes of this Act are to decrease the length \nof time that children wait for permanency with a loving family and to \npromote the best interests of children in the child welfare system by \npreventing discrimination in adoption and foster care placements based \non sexual orientation, gender identification, or marital status.\n\nSEC. 3. EVERY CHILD DESERVES A FAMILY.\n\n (a) Activities.--\n (1) Prohibition.--An entity that receives Federal \n assistance and is involved in adoption or foster care \n placements may not--\n (A) categorically deny to any person the \n opportunity to become an adoptive or a foster parent \n solely on the basis of the sexual orientation, gender \n identification, or marital status of the person;\n (B) delay or deny the placement of a child for \n adoption or into foster care, or otherwise discriminate \n in making a placement decision, solely on the basis of \n the sexual orientation, gender identification, or \n marital status of any prospective adoptive or foster \n parent; or\n (C) deny or limit the parental rights of an \n adoptive parent based on the adoptive parent's sexual \n orientation, gender identification, or marital status.\n (2) Definition.--In this subsection, the term ``placement \n decision'' means the decision to place, or to delay or deny the \n placement of, a child in a foster care or an adoptive home, and \n includes the decision of the agency or entity involved to seek \n the termination of birth parent rights or otherwise make a \n child legally available for adoptive placement.\n (b) Equitable Relief.--Any individual who is aggrieved by an action \nin violation of subsection (a) may bring an action seeking relief in a \nUnited States district court of appropriate jurisdiction.\n (c) Federal Guidance.--Not later than 6 months after the date of \nthe enactment of this Act, the Secretary of Health and Human Services \nshall publish guidance to concerned entities with respect to compliance \nwith this section.\n (d) Deadline for Compliance.--\n (1) In general.--Except as provided in paragraph (2), an \n entity that receives Federal assistance and is involved with \n adoption or foster care placements shall comply with this \n section not later than 6 months after publication of the \n guidance referred to in subsection (c), or 1 year after the \n date of the enactment of this Act, whichever occurs first.\n (2) Authority to extend deadline.--If a State demonstrates \n to the satisfaction of the Secretary of Health and Human \n Services that it is necessary to amend State statutory law in \n order to change a particular practice that is inconsistent with \n this section, the Secretary may extend the compliance date for \n the State a reasonable number of days after the close of the \n first State legislative session beginning after the date the \n guidance referred to in subsection (c) is published.\n (3) Authority to withhold funds.--If a State fails to \n comply with this section, the Secretary may withhold payment to \n the State of amounts otherwise payable to the State under part \n B or E of title IV of the Social Security Act, to the extent \n the Secretary deems the withholding necessary to induce the \n State into compliance with this section.\n (e) GAO Study.--\n (1) In general.--Within 5 years after the date of the \n enactment of this Act, the Comptroller General of the United \n States shall conduct a study to determine whether the States \n have substantially complied with this Act, including \n specifically whether the States have--\n (A) eliminated policies, practices, or statutes \n that deny to any otherwise qualified person the \n opportunity to become an adoptive or foster parent \n solely on the basis of the sexual orientation, gender \n identification, or marital status of the person;\n (B) removed all program, policy, or statutory \n barriers that delay or deny the placement of a child \n for adoption or into foster care, or otherwise \n discriminate in making a placement decision, solely on \n the basis of the sexual orientation, gender \n identification, or marital status of any qualified, \n prospective adoptive or foster parent; and\n (C) eliminated all policies, practices, or statutes \n that deny or limit the parental rights of an adoptive \n parent based on the adoptive parent's sexual \n orientation, gender identification, or marital status.\n (2) Report to the congress.--Within 1 year after completing \n the study required by paragraph (1), the Comptroller General \n shall submit to the Congress a written report that contains the \n results of the study.","summary":"Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or martial status. Requires a General Accounting Office study and report to Congress on whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria.","title":"To prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identification, or marital status of any prospective adoptive or foster parent.","text_len":10492,"sum_len":532} {"bill_id":"109_s3800","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Assistance to Counterfeiters \nAct''.\n\nSEC. 2. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR \n SERVICES THAT CONTAIN COUNTERFEIT MARKS.\n\n (a) Amendments.--Chapter 1 of part III of the Foreign Assistance \nAct of 1961 (22 U.S.C. 2351 et seq.) is amended--\n (1) by redesignating the second section 620G (as added by \n section 149 of Public Law 104-164 (110 Stat. 1436)) as section \n 620J; and\n (2) by adding at the end the following new section:\n\n``SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS \n OR SERVICES THAT CONTAIN COUNTERFEIT MARKS.\n\n ``(a) Requirement for Certification.--\n ``(1) In general.--Subject to paragraph (2), assistance may \n not be provided to a person seeking United States assistance \n for a fiscal year until such person submits to the President a \n certification described in subsection (c) for that fiscal year.\n ``(2) Exception for foreign governments.--The certification \n requirement set out in paragraph (1) shall not be applied to \n assistance provided under this Act or any other Act directly to \n the government of a foreign country or an entity of such \n government or to an international organization that is an \n association of representatives of national governments, \n including the United Nations.\n ``(b) Definitions.--In this section:\n ``(1) Counterfeit mark.--The term `counterfeit mark' has \n the meaning given that term in section 2320 of title 18, United \n States Code.\n ``(2) Person seeking united states assistance.--The term \n `person seeking United States assistance' means a person, \n including an international or domestic organization that is not \n an association of national governments, that--\n ``(A) is seeking assistance under this Act or any \n other Act directly from the United States; or\n ``(B) subsequently receives such assistance \n pursuant to a contract, grant, cooperative agreement, \n or other agreement.\n ``(3) Traffic.--The term `traffic' has the meaning given \n that term in section 2320 of title 18, United States Code.\n ``(c) Certification.--\n ``(1) In general.--A certification described in this \n subsection is a certification made by a person seeking United \n States assistance that--\n ``(A) such assistance will not be used to \n intentionally traffic in goods or services that contain \n counterfeit marks;\n ``(B) such assistance will not be used by any \n person that has had an administrative or judicial \n determination issued against the person for \n infringement, counterfeiting, or piracy of intellectual \n property in the United States or a foreign country;\n ``(C) any material or product, including a material \n or product in electronic form, that was developed, in \n whole or in part, using such assistance will not be \n imported into the United States--\n ``(i) in violation of section 2320 of title \n 18, United States Code; or\n ``(ii) in violation of section 526(a) of \n the Tariff Act of 1930 (19 U.S.C. 1526(a)); and\n ``(D) if such assistance will be used for a \n contract, grant, cooperative agreement, or other \n agreement that includes use of any intellectual \n property, provides evidence of the right to use the \n intellectual property, including a written license \n agreement for the use, the date of the first commercial \n use of the intellectual property, and any registration \n for the use with an appropriate government.\n ``(2) Requirements for submission of certification.--A \n certification described in paragraph (1) shall be submitted to \n the President by a person seeking United States assistance \n prior to the provision of any assistance under this Act or any \n other Act and at the beginning of each subsequent fiscal year \n for which such person will receive the assistance.\n ``(d) Suspension and Termination of Assistance.--The President \nshall suspend or terminate the provision of assistance under this Act \nor any other Act, in whole or in part, to a person seeking United \nStates assistance if the President determines that such person has used \nthe assistance to carry out an activity in violation of a certification \nmade under subsection (c).\n ``(e) National Security Waiver.--The President may waive a \nprovision of this section if the President--\n ``(1) determines that such a waiver is necessary to the \n national security interests of the United States; and\n ``(2) promptly submits to Congress a notification of the \n waiver and of the reasons for the waiver.''.\n (b) Effective Date.--The certification requirements under section \n620K of the Foreign Assistance Act of 1961, as added by subsection (a) \nof this section, apply with respect to the provision of assistance by \nthe President for a fiscal year after fiscal year 2006.","summary":"Stop Assistance to Counterfeiters Act - Amends the Foreign Assistance Act of 1961 to require US foreign assistance recipients to certify that such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property. Exempts from such requirement direct assistance to a foreign government or to an international organization that is an association of representatives of national governments, including the United Nations. Directs the President to suspend or terminate assistance to a recipient who is in violation of this Act. Authorizes a national security waiver.","title":"A bill to amend the Foreign Assistance Act of 1961 to require recipients of United States foreign assistance to certify that the assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property, and for other purposes.","text_len":5594,"sum_len":678} {"bill_id":"112_hr2033","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Psoriasis and Psoriatic Arthritis \nResearch, Cure, and Care Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Psoriasis and psoriatic arthritis are autoimmune, \n chronic, inflammatory, painful, and disabling diseases that \n require lifelong timely and appropriate medical intervention \n and care and have no cure.\n (2) Current studies indicate that the prevalence of \n psoriasis in the United States ranges between two and three \n percent, affecting approximately 7.5 million men, women, and \n children of all ages, approximately 17,000 individuals in each \n congressional district, and has an adverse impact on the \n quality of life for virtually all affected.\n (3) Psoriasis often is overlooked or dismissed because it \n is not typically a direct cause of death. Psoriasis is commonly \n and incorrectly considered by insurers, employers, \n policymakers, and the public as a mere annoyance--a superficial \n problem, mistakenly thought to be contagious, due to poor \n hygiene, or both. As such, treatment for psoriasis is often \n incorrectly categorized as ``cosmetic'' and not ``medically \n necessary''.\n (4) Psoriasis is connected with an elevated risk for other \n serious, chronic, and life-threatening comorbid conditions, \n including cardiovascular disease, diabetes, stroke, and cancer. \n A higher prevalence of stroke, atherosclerosis, chronic \n obstructive pulmonary disease (COPD), Crohn's disease, \n lymphoma, metabolic syndrome, and liver disease are also found \n in people with psoriasis as compared to the general population. \n Up to 30 percent of people with psoriasis also develop \n potentially disabling psoriatic arthritis.\n (5) The National Institute of Mental Health (NIMH) funded a \n study that found that psoriasis may cause as much physical and \n mental disability as other major chronic diseases, including \n cancer, arthritis, hypertension, heart disease, diabetes, and \n depression.\n (6) Psoriasis is associated with elevated rates of \n depression, anxiety, and suicidality (suicidal thoughts, \n suicide attempts, and completed suicides). Individuals with \n psoriasis are twice as likely to have thoughts of suicide as \n people without psoriasis or with other chronic conditions.\n (7) The risk of premature death is 50 percent higher for \n people with severe psoriasis. This translates to people with \n severe psoriasis dying four years earlier, on average, than \n people without psoriasis.\n (8) The economic consequences of psoriasis, both for \n individuals and the health care system, are significant. Total \n direct and indirect health care costs of psoriasis are \n calculated at $11,250,000,000 with work loss accounting for 40 \n percent of the cost burden. People with psoriasis have \n significantly higher health care resource utilization and costs \n than the general population. Additionally, psoriasis patients \n with comorbidities are more likely to experience urgent care, \n have greater rates of hospitalization, more frequent outpatient \n visits, and incur greater costs than psoriasis patients without \n comorbidities.\n (9) Early diagnosis and treatment of psoriatic arthritis \n may help prevent irreversible joint damage.\n (10) Treating psoriasis and psoriatic arthritis presents a \n challenge for patients and their health care providers. A wide \n range of treatment options is available; however, adverse side \n effects and success varies from patient to patient. The same \n treatments do not work for every patient and a treatment that \n may have been effective for a period of time can stop working.\n (11) Despite a number of recent breakthroughs that have led \n to some new treatments, too many people with psoriasis and \n psoriatic arthritis still cannot live normal lives. For many of \n these individuals, existing treatments are not effective or \n appropriate or may not be accessible due to cost and insurance \n barriers.\n (12) Psoriasis and psoriatic arthritis constitute a \n significant national health issue that deserves a comprehensive \n and coordinated response by States and the Federal Government \n with involvement of the health care provider, patient, and \n public health communities.\n\nSEC. 3. NATIONAL PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION.\n\n (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nis authorized to undertake psoriasis and psoriatic arthritis data \ncollection efforts, including incorporating questions into public \nhealth surveys, questionnaires, and other databases in existence as of \nthe date of the enactment of this Act to collect information, with \nrespect to psoriasis and psoriatic arthritis, regarding--\n (1) the prevalence of psoriasis and psoriatic arthritis in \n the United States;\n (2) the age of onset;\n (3) health-related quality of life;\n (4) health care utilization;\n (5) burden of such disease (such as with respect to \n employment);\n (6) direct and indirect costs;\n (7) health disparities, including with respect to age, \n gender, race, and ethnicity; and\n (8) comorbidities and the natural history of such disease.\nSuch data collection efforts may include the consideration and \ndevelopment of a patient registry, which would include individuals of \nall ages.\n (b) Authorization of Appropriations.--To carry out subsection (a), \nthere are authorized to be appropriated $1,500,000 for each of fiscal \nyears 2012 through 2017.\n\nSEC. 4. SENSE OF CONGRESS FOR COLLABORATIVE INTERDISCIPLINARY RESEARCH \n ON PSORIASIS AND PSORIATIC ARTHRITIS AND COMORBID \n CONDITIONS.\n\n It is the sense of the Congress that--\n (1) the psoriasis research community has made significant \n strides in proving the seriousness of psoriasis as an \n autoimmune disease and in advancing the identification of \n commonalities between psoriasis and other diseases;\n (2) the nonprofit and private sector psoriasis research \n communities are to be commended for planning a \n multidisciplinary scientific meeting in 2012 to discuss future \n directions of psoriasis and comorbid research, identify \n initiatives necessary to fill any gaps, leverage public and \n private investments in psoriasis research, and facilitate \n progress in interdisciplinary research related to psoriasis and \n its comorbid conditions;\n (3) the National Institutes of Health is encouraged to \n continue to work with the organizations and private sector \n stakeholders who convene the multidisciplinary scientific \n meeting to discuss future directions of psoriasis and comorbid \n research;\n (4) the nonprofit and private sector meeting conveners \n should disseminate to the public, Congress, and other relevant \n public and private policymaking and research entities a report \n that includes findings from the scientific meeting and \n suggestions regarding next steps, including recommendations \n from the National Institutes of Health and other relevant \n Federal agencies; and\n (5) utilizing the information produced by the scientific \n meeting regarding future directions of psoriasis and comorbid \n research, the Secretary of Health and Human Services, acting \n through the Director of the National Institutes of Health, and \n in conjunction with the National Institute for Arthritis, \n Musculoskeletal, and Skin Diseases and other institutes and \n centers of the National Institutes of Health, is encouraged to \n explore the development of a virtual Center of Excellence for \n Collaborative Discovery in Psoriasis and Comorbid Research or \n some other mechanism through which public and private sector \n findings regarding psoriasis and its comorbid conditions can be \n regularly shared and leveraged.","summary":"Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2011 - Authorizes the Director of the Centers for Disease Control and Prevention (CDC) to undertake psoriasis and psoriatic arthritis data collection efforts to collect information regarding: (1) the prevalence of psoriasis and psoriatic arthritis in the United States, (2) the age of onset, (3) health-related quality of life, (4) health care utilization, (5) the burden of such disease, (6) direct and indirect costs. (7) health disparities, including with respect to age, gender, race, and ethnicity. And (8) comorbidities and the natural history of such disease. Allows such data collection efforts to include: (1) incorporating questions into public health surveys, questionnaires, and other databases in existence as of the date of the enactment of this Act. And (2) the consideration and development of a patient registry. Encourages the Director of the National Institutes of Health to explore the development of a virtual Center of Excellence for Collaborative Discovery in Psoriasis and Comorbid Research or some other mechanism through which public and private sector findings regarding psoriasis and its comorbid conditions can be regularly shared and leveraged.","title":"To authorize and support psoriasis and psoriatic arthritis data collection, to express the sense of the Congress to encourage and leverage public and private investment in psoriasis research with a particular focus on interdisciplinary collaborative research on the relationship between psoriasis and its comorbid conditions, and for other purposes.","text_len":8687,"sum_len":1240} {"bill_id":"103_hr1706","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Assault Weapons Prohibition Act of \n1993''.\n\nSEC. 2. PROHIBITION AGAINST POSSESSION OR TRANSFER OF ASSAULT WEAPONS.\n\n Section 922 of title 18, United States Code, is amended by adding \nat the end the following:\n ``(s)(1) Except as provided in paragraph (2), it shall be unlawful \nfor any person--\n ``(A) to transfer an assault weapon; or\n ``(B) to possess an assault weapon after the 90-day period \n that begins with the effective date of this subsection.\n ``(2)(A)(i) Paragraph (1) shall not apply to a transfer to or by, \nor a possession by or under the authority of, the United States or any \ndepartment or agency thereof, or any State or a department, agency, or \npolitical subdivision thereof.\n ``(B) Paragraph (1) shall not apply to the otherwise lawful \npossession of an assault weapon by a person who--\n ``(i) has lawfully possessed the weapon since before the \n effective date of this subsection; and\n ``(ii) has submitted to the Secretary, in such form and in \n such manner as the Secretary shall prescribe by regulation--\n ``(I) the name (and any former name), address, date \n of birth, and any driver's license number of the \n person; and\n ``(II) the serial number of the weapon.\n ``(3) Within 90 days after the date of the enactment of this \nsubsection, the Secretary shall prescribe such regulations as are \nnecessary to carry out this subsection.''.\n\nSEC. 3. DEFINITION OF ASSAULT WEAPON.\n\n Section 921(a) of title 18, United States Code, is amended by \nadding at the end the following:\n ``(29) The term `assault weapon' means--\n ``(A)(i) Norinco, Mitchell, and Poly Technologies Avtomat \n Kalashnikovs (all models);\n ``(ii) Action Arms Israeli Military Industries UZI and \n Galil;\n ``(iii) Beretta AR-70 (SC-70);\n ``(iv) Colt AR-15 and CAR-15;\n ``(v) Fabrique Nationale FN\/FAL, FN\/LAR, and FNC;\n ``(vi) MAC 10 and 11;\n ``(vii) Steyr AUG;\n ``(viii) INTRATEC TEC-9;\n ``(ix) Street Sweeper and Striker 12;\n ``(x) Auto Ordnance 27A1 Thompson, 27A5 Thompson, M1 \n Thompson;\n ``(xi) Springfield BM59, SAR48, and G3SA;\n ``(xii) All Ruger Mini-14 models with folding stocks; and\n ``(xiii) Armscorp FAL;\n ``(B) any firearm which is functionally equivalent to any \n firearm specified in subparagraph (A);\n ``(C) a firearm having threads, lugs, or other \n characteristics which are designed to facilitate the direct \n attachment of a silencer, bayonet, grenade launcher, flash \n suppressor, or folding stock to the firearm;\n ``(D) any part or combination of parts designed to \n facilitate the attachment of a silencer, bayonet, grenade \n launcher, flash suppressor, or folding stock to a firearm;\n ``(E) a detachable magazine, drum, belt, feed strip, or \n similar device which has a capacity of, or can be readily \n restored or converted to accept, 10 or more rounds of \n ammunition; and\n ``(F) any combination of parts--\n ``(i) designed and intended solely and exclusively \n for assembling--\n ``(I) a firearm specified in subparagraph \n (A), or described in subparagraph (B) or (C); \n or\n ``(II) a device described in subparagraph \n (E); and\n ``(ii) from which a firearm or device referred to \n in clause (i) could be assembled if such parts were \n possessed or controlled by 1 person.''.\n\nSEC. 4. AUTHORITY TO RECOMMEND MODIFICATIONS TO THE DEFINITION OF \n ASSAULT WEAPON.\n\n The Secretary of the Treasury, in consultation with the Attorney \nGeneral, may recommend to the Congress that the definition of an \nassault weapon in section 921(a)(29) of title 18, United States Code, \nbe modified--\n (1) to include firearms not covered by the definition which \n should be so covered; and\n (2) to exclude firearms covered by the definition which \n should not be so covered.\n\nSEC. 5. ENHANCED PENALTIES.\n\n Section 924(c)(1) of title 18, United States Code, is amended--\n (1) by inserting ``and if the firearm is an assault weapon, \n to imprisonment for 15 years,'' after ``ten years,''; and\n (2) by inserting ``and if the firearm is an assault weapon, \n to imprisonment for 30 years,'' after ``twenty years,''.\n\nSEC. 6. STUDY BY ATTORNEY GENERAL.\n\n (a) In General.--The Attorney General of the United States shall--\n (1) investigate and study the effect of this Act and the \n amendments made by this Act on violent and drug-related crime; \n and\n (2) evaluate the recreational and other noncriminal uses of \n assault weapons (as defined in section 921(a)(29) of title 18, \n United States Code).\n (b) Report.--Not later than 30 months after the date of the \nenactment of this Act, the Attorney General shall prepare and submit to \nthe Committee on the Judiciary of the House of Representatives and the \nCommittee on the Judiciary of the Senate a report on the matters \ndescribed in subsection (a).\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall become effective \n90 days after the date of the enactment of this Act.","summary":"Assault Weapons Prohibition Act of 1993 - Amends the Federal criminal code to prohibit the transfer or possession of an assault weapon, with exceptions. Authorizes the Secretary of the Treasury to recommend to the Congress that the definition of an assault weapon be modified. Provides enhanced penalties for the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime. Directs the Attorney General to: (1) investigate and study the effect of this Act on violent and drug-related crime. And (2) evaluate the recreational and other noncriminal uses of assault weapons.","title":"Assault Weapons Prohibition Act of 1993","text_len":5694,"sum_len":610} {"bill_id":"113_s2740","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Connect with Veterans Act of 2014''.\n\nSEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS.\n\n (a) Program Required.--\n (1) In general.--The Secretary of Veterans Affairs, in \n coordination with the Secretary of Defense, shall establish a \n program to facilitate outreach to veterans by covered entities.\n (2) Covered entities.--For purposes of this section, a \n covered entity is any of the following:\n (A) The Department of Veterans Affairs.\n (B) The agency or department of a State that is the \n primary agency or department of the State for the \n administration of benefits and services for veterans in \n the State.\n (C) A political subdivision of a State.\n (D) An Indian tribe (as defined in section 4 of the \n Indian Self-Determination and Education Assistance Act \n (25 U.S.C. 450b)).\n (3) National directory.--To carry out the program required \n by paragraph (1), the Secretary shall--\n (A) establish a national directory of veterans as \n described in subsection (b); and\n (B) share information in the directory in \n accordance with subsection (c).\n (b) National Directory.--\n (1) In general.--The Secretary of Veterans Affairs shall \n establish the national directory required by subsection (a)(3) \n using information received from the Secretary of Defense under \n subsection (d)(4).\n (2) Updates.--The Secretary of Veterans Affairs shall \n ensure that the national directory includes a mechanism by \n which a participating individual can update the information in \n the national directory that pertains to the participating \n individual.\n (3) Disenrollment.--The Secretary shall establish a \n mechanism by which a participating individual can indicate to \n the Secretary that the individual would no longer like to \n receive information from participating entities under the \n program.\n (4) Reenrollment.--The Secretary shall establish a \n mechanism for the inclusion of information in the national \n directory of individuals who were previously participating \n individuals but who had made an indication under paragraph (3) \n and subsequently indicate that they would like to receive \n information from participating entities under the program.\n (5) Privacy and security.--The Secretary shall take such \n actions as the Secretary considers appropriate to protect--\n (A) the privacy of individuals participating in the \n program; and\n (B) the security of the information stored in the \n national directory.\n (6) Ebenefits.--The Secretary of Veterans Affairs may use \n the system and architecture of the eBenefits Internet website \n of the Department of Veterans Affairs to support and operate \n the national directory as the Secretary considers appropriate.\n (c) Outreach.--\n (1) Sharing of directory information.--\n (A) In general.--Except as provided in paragraph \n (2), in order to connect participating individuals with \n information about the programs they could be eligible \n for or services, support, and information they may be \n interested in receiving, the Secretary of Veterans \n Affairs may share, under the program established under \n subsection (a)(1), information in the national \n directory concerning such individuals with entities \n applicable to participating individuals.\n (B) Entities applicable to participating \n individuals.--For purposes of this subsection, an \n entity that is applicable to a participating individual \n is a covered entity from whom a participating \n individual has expressed interest in receiving \n information under the program.\n (C) Updated information.--In a case in which a \n participating individual updates the information \n pertaining to the participating individual under \n subsection (b)(2), the Secretary shall transmit such \n information to each entity applicable to the \n participating individual.\n (D) Notification of disenrollment.--In a case in \n which a participating individual indicates to the \n Secretary under subsection (b)(3) that the individual \n would no longer like to receive information from \n participating entities under the program, the Secretary \n shall inform each entity applicable to the \n participating individual that the individual would no \n longer like to receive information from the entity \n under the program.\n (2) Limitations.--\n (A) Limitations on the secretary.--\n (i) Information shared.--Under the program, \n the Secretary of Veterans Affairs may only \n share from the national directory the \n following:\n (I) The name of a participating \n individual.\n (II) The e-mail address of a \n participating individual.\n (III) The postal address of a \n participating individual.\n (IV) The phone number of a \n participating individual.\n (ii) Prohibition on sale of information.--\n The Secretary may not sell any information \n collected under this section.\n (iii) Entities.--The Secretary may not \n share any information collected under the \n program with any entity that is not a \n participating entity.\n (B) Limitations on participating entities.--\n (i) Sharing with third-party and for-profit \n entities.--As a condition of participation in \n the program, a participating entity shall agree \n not to share any information the participating \n entity receives under the program with any \n third-party or for-profit entities.\n (ii) Purchases of products or services.--As \n a condition of participation in the program, a \n participating entity shall agree not to include \n in any information sent by the participating \n entity to a participating individual a \n requirement that the participating individual \n or the family of the participating individual \n purchase a product or service.\n (iii) Political communication.--As a \n condition of participation in the program, a \n participating entity shall agree not to use any \n information received under the program for any \n political communication.\n (3) Disenrollment by participating entities.--The Secretary \n shall establish a mechanism by which a participating entity may \n indicate to the Secretary that the participating entity would \n no longer like to receive information about participating \n individuals from the national directory.\n (4) Sense of congress.--\n (A) Consolidation of requests.--It is the sense of \n Congress that covered entities described in subsection \n (a)(2)(C) who are located in the same region should \n work together in a manner such that only one of them \n requests receipt of information under the program.\n (B) Collaboration.--It is the sense of Congress \n that covered entities described in subsection (a)(2)(C) \n should work with third parties, such as veterans \n service organizations, military community groups, and \n other entities with an interest in assisting veterans, \n to develop the information the covered entities send to \n participating individuals under the program.\n (5) Publicity.--The Secretary shall develop a plan to \n publicize the program and inform covered entities of the \n benefits of participating in the program.\n (d) Collection of Contact Information.--\n (1) In general.--To each member of the Armed Forces \n separating from service in the Armed Forces, the Secretary of \n Defense shall provide a form for the collection of information \n to be included in the national directory established under \n subsection (a).\n (2) Form.--\n (A) Development.--The Secretary of Defense shall, \n in consultation with the Secretary of Veterans Affairs, \n develop the form provided under paragraph (1).\n (B) Elements.--The form developed under \n subparagraph (A) shall allow a member of the Armed \n Forces who is in the process of separating from service \n in the Armed Forces to indicate the following:\n (i) Where the member intends to reside \n after separation.\n (ii) How the individual can best be \n contacted, such as a telephone number, an e-\n mail address, or a postal address.\n (iii) For which types of benefits and \n services the member would like to receive \n communication and outreach, such as health \n care, education, employment, and housing.\n (iv) From which of the following the member \n would like to receive the communication and \n outreach specified under clause (iii):\n (I) The Department of Veterans \n Affairs.\n (II) The agency or department of \n the State in which the member intends \n to reside after separation that is the \n primary agency or department of the \n State for the administration of \n benefits and services for veterans in \n the State.\n (III) A political subdivision of a \n State.\n (C) Notice.--The form developed under subparagraph \n (A) shall include notice of the following:\n (i) Information provided to agencies and \n departments described in subparagraph \n (B)(iv)(III) will only be provided as \n authorized and upon request by such agencies \n and departments.\n (ii) Political subdivisions of States that \n receive information under the program \n established under subsection (a) may--\n (I) share such information with \n such nonprofit organizations as the \n political subdivisions consider \n appropriate; and\n (II) work with such organizations \n to provide the veterans with relevant \n information about benefits and services \n offered by such organizations.\n (iii) Information provided on the form \n developed under subparagraph (A) will never be \n sold, provided to a for-profit entity, or used \n to send any sort of political communication.\n (D) Manner.--The Secretary of Defense shall ensure \n that the form provided under paragraph (1) is not \n primarily electronic in nature.\n (3) Voluntary participation.--The Secretary of Defense \n shall ensure that completion of the form provided under \n paragraph (1) is voluntary and submittal of such form to the \n Secretary by a member of the Armed Forces shall be considered \n an indication to the Secretary that the member would like to \n receive information from participating entities under the \n program.\n (4) Transmittal of information to secretary of veterans \n affairs.--Not later than 30 days after the date on which a \n member of the Armed Forces who submitted information to the \n Secretary of Defense under this subsection separates from \n service in the Armed Forces, the Secretary of Defense shall \n transmit such information to the Secretary of Veterans Affairs.\n (5) Privacy and security.--The Secretary of Defense shall \n take such actions as the Secretary considers appropriate to \n protect--\n (A) the privacy of individuals who submit \n information under this subsection; and\n (B) the security of such information--\n (i) while it is in the possession of the \n Secretary; and\n (ii) while it is in transit to the \n Secretary of Veterans Affairs.\n (6) Integration with transition assistance program.--The \n Secretary of Defense and the Secretary of Labor shall jointly \n take such actions as the secretaries consider appropriate to \n integrate the collection of information under this subsection \n into the Transition Assistance Program.\n (e) Report.--\n (1) In general.--Not later than 180 days after the date of \n the enactment of this Act, the Secretary of Veterans Affairs \n and the Secretary of Defense shall jointly submit to the \n appropriate committees of Congress a report on the program \n established under subsection (a)(1).\n (2) Contents.--The report submitted under paragraph (1) \n shall include an examination and assessment of the following:\n (A) The signup process and the effectiveness of the \n forms developed and provided under subsection (d).\n (B) The ways in which contact information is \n transferred from the Secretary of Defense to the \n Secretary of Veterans Affairs under the program and the \n plans of the secretaries to overcome challenges \n encountered by the secretaries in transferring such \n information.\n (C) The number of covered entities described in \n subsection (a)(2)(C) participating in the program and \n any challenges they report in receiving the contact \n information from the Secretary of Veterans Affairs \n under the program.\n (D) The effectiveness of efforts of the Secretary \n of Veterans Affairs and the Secretary of Defense to \n protect the personal information of participating \n individuals.\n (E) The effectiveness of efforts of covered \n entities described in subsection (a)(2)(C) to protect \n the personal information of participating individuals.\n (F) Whether additional limitations on the use of \n information collected under the program are necessary \n to protect participating individuals from unwanted \n contact, or contact that is inconsistent with the \n program.\n (G) Whether participating individuals are \n benefitting by participating in the program and whether \n changing the program would improve such benefits.\n (H) The overall participation in the program, \n utilization of the program, and how such participation \n and utilization could be improved.\n (I) Such other matters as the secretaries consider \n appropriate.\n (3) Appropriate committees of congress defined.--In this \n subsection, the term ``appropriate committees of Congress'' \n means the following:\n (A) The Committee on Veterans' Affairs, the \n Committee on Armed Services, and the Subcommittee on \n Military Construction, Veterans Affairs, and Related \n Agencies of the Committee on Appropriations of the \n Senate.\n (B) The Committee on Veterans' Affairs, the \n Committee on Armed Services, and the Subcommittee on \n Military Construction, Veterans Affairs and Related \n Agencies of the Committee on Appropriations of the \n House of Representatives.\n (f) Definitions.--In this section:\n (1) Participating entity.--The term ``participating \n entity'' means a covered entity that has indicated to the \n Secretary of Veterans Affairs that the covered entity would \n like to receive information about participating individuals \n from the national directory and has made no subsequent \n indication that the covered entity would like to stop receiving \n such information.\n (2) Participating individual.--The term ``participating \n individual'' means an individual with respect to whom \n information is stored in the national directory and who has \n indicated to the Secretary of Veterans Affairs or the Secretary \n of Defense that the individual would like to receive \n information from participating entities under the program and \n has made no subsequent indication that the individual would \n like to stop receiving such information.","summary":"Connect with Veterans Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) establish a program to facilitate outreach to veterans by the Department of Veterans Affairs (VA), the primary agencies of states for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes. And (2) publicize such program and the benefits to such entities of participating. Requires the Secretary, to carry out such program, to: (1) establish a national directory of veterans, and (2) share information in the directory with any such entities from whom a participating individual has expressed interest in receiving information. Prohibits: (1) the Secretary from selling information collected under this Act, (2) the Secretary or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Secretary of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) protect the privacy of individuals who submit information and the security of information. Directs the Secretaries of Defense and Labor to jointly take appropriate steps to integrate the collection of information under this Act into the Transition Assistance Program.","title":"Connect with Veterans Act of 2014","text_len":19274,"sum_len":1551} {"bill_id":"105_s2355","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Truancy Prevention and Juvenile \nCrime Reduction Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Truancy is the first sign of trouble--the first \n indicator that a young person is giving up and losing his or \n her way.\n (2) Many students who become truant eventually drop out of \n school, and high school drop outs are two and a half times more \n likely to be on welfare than high school graduates; twice as \n likely to be unemployed, or if employed, earn lower salaries.\n (3) Truancy is the top-ranking characteristic of \n criminals--more common than such factors as coming from single-\n parent families and being abused as children.\n (4) High rates of truancy are linked to high daytime \n burglary rates and high vandalism.\n (5) As much as 44 percent of violent juvenile crime takes \n place during school hours.\n (6) As many as 75 percent of children ages 13-16 who are \n arrested and prosecuted for crimes are truants.\n (7) Some cities report as many as 70 percent of daily \n student absences are unexcused, and the total number of \n absences in a single city can reach 4,000 per day.\n (8) Society pays a significant social and economic cost due \n to truancy: only 34 percent of inmates have completed high \n school education; 17 percent of youth under age 18 entering \n adult prisons have not completed grade school (8th grade or \n less), 25 percent completed 10th grade, and 2 percent completed \n high school.\n (9) Truants and later high school drop outs cost the Nation \n $240 billion in lost earnings and foregone taxes over their \n lifetimes, and the cost of crime control is staggering.\n (10) In many instances, parents are unaware a child is \n truant.\n (11) Effective truancy prevention, early intervention, and \n accountability programs can improve school attendance and \n reduce daytime crime rates.\n (12) There is a lack of targeted funding for effective \n truancy prevention programs in current law.\n\nSEC. 3. GRANTS.\n\n (a) Definitions.--In this section:\n (1) Eligible partnership.--The term ``eligible \n partnership'' means a partnership between 1 or more qualified \n units of local government and 1 or more local educational \n agencies.\n (2) Local educational agency.--The term ``local educational \n agency'' has the meaning given the term in section 14101 of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 8801).\n (3) Qualified unit of local government.--The term \n ``qualified unit of local government'' means a unit of local \n government that has in effect, as of the date on which the \n eligible partnership submits an application for a grant under \n this section, a statute or regulation that meets the \n requirements of paragraphs (12), (13), (14), and (15) of \n section 223(a) of the Juvenile Justice and Delinquency and \n Prevention Act of 1974 (42 U.S.C. 5633(a)).\n (4) Unit of local government.--The term ``unit of local \n government'' means any city, county, township, town, borough, \n parish, village, or other general purpose political subdivision \n of a State, or any Indian tribe.\n (b) Grant Authority.--The Attorney General, in consultation with \nthe Secretary of Education, shall make grants in accordance with this \nsection on a competitive basis to eligible partnerships to reduce \ntruancy and the incidence of daytime juvenile crime.\n (c) Maximum Amount; Allocation; Renewal.--\n (1) Maximum amount.--The total amount awarded to an \n eligible partnership under this section in any fiscal year \n shall not exceed $100,000.\n (2) Allocation.--Not less than 25 percent of each grant \n awarded to an eligible partnership under this section shall be \n allocated for use by the local educational agency or agencies \nparticipating in the partnership.\n (3) Renewal.--A grant awarded under this section for a \n fiscal year may be renewed for an additional period of not more \n than 2 fiscal years.\n (d) Use of Funds.--\n (1) In general.--Grant amounts made available under this \n section may be used by an eligible partnership to \n comprehensively address truancy through the use of--\n (A) parental involvement in prevention activities, \n including meaningful incentives for parental \n responsibility;\n (B) sanctions, including community service and \n drivers' license suspension for students who are \n habitually truant;\n (C) parental accountability, including fines, \n teacher-aid duty, community service;\n (D) in-school truancy prevention programs, \n including alternative education and in-school \n suspension;\n (E) involvement of the local law enforcement, \n social services, judicial, business, and religious \n communities, and nonprofit organizations;\n (F) technology, including automated telephone \n notice to parents and computerized attendance system; \n or\n (G) elimination of 40-day count and other \n unintended incentives to allow students to be truant \n after a certain time of school year.\n (2) Model programs.--In carrying out this section, the \n Attorney General may give priority to funding programs that \n attempt to replicate 1 or more of the following model programs:\n (A) The Truancy Intervention Project of the Fulton \n County, Georgia, Juvenile Court.\n (B) The TABS (Truancy Abatement and Burglary \n Suppression) program of Milwaukee, Wisconsin.\n (C) The Roswell Daytime Curfew Program of Roswell, \n New Mexico.\n (D) The Stop, Cite and Return Program of Rohnert \n Park, California.\n (E) The Stay in School Program of New Haven, \n Connecticut.\n (F) The Atlantic County Project Helping Hand of \n Atlantic County, New Jersey.\n (G) The THRIVE (Truancy Habits Reduced Increasing \n Valuable Education) initiative of Oklahoma City, \n Oklahoma.\n (H) The Norfolk, Virginia project using computer \n software and data collection.\n (I) The Community Service Early Intervention \n Program of Marion, Ohio.\n (J) The Truancy Reduction Program of Bakersfield, \n California.\n (K) The Grade Court program of Farmington, New \n Mexico.\n (L) Any other model program that the Attorney \n General determines to be appropriate.\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $25,000,000 for each of fiscal \nyears 1999, 2000, and 2001.","summary":"Truancy Prevention and Juvenile Crime Reduction Act of 1998 - Directs the Attorney General to make grants to eligible partnerships of local governmental units and local educational agencies to reduce truancy and the incidence of daytime juvenile crime. Sets forth provisions regarding maximum grant awards, allocation of such awards, and grant renewal. Authorizes the use of grant amounts to comprehensively address truancy through: (1) parental involvement in prevention activities, (2) sanctions, (3) parental accountability, (4) in-school truancy prevention programs. (5) involvement of local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations, (6) technology. Or (7) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year. Authorizes the Attorney General to give priority to funding programs that attempt to replicate specified model programs. Authorizes appropriations.","title":"Truancy Prevention and Juvenile Crime Reduction Act of 1998","text_len":7566,"sum_len":1004} {"bill_id":"109_hr3139","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hospital Price Reporting and \nDisclosure Act of 2005''.\n\nSEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.\n\n Part B of title II of the Public Health Service Act (42 U.S.C. 238 \net seq.) is amended by adding at the end the following new section:\n\n ``data reporting by hospitals and ambulatory surgical centers and \n public posting\n\n ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than \n80 days after the end of each semiannual period beginning January 1 or \nJuly 1 (beginning more than one year after the date of the enactment of \nthis section), a hospital and an ambulatory surgical center shall \nreport to the Secretary the following data:\n ``(1) In the case of a hospital--\n ``(A) the frequency with which the hospital \n performed each service selected under subparagraph (A) \n or (B) of subsection (c)(1) in an inpatient or \n outpatient setting, respectively, during such period;\n ``(B) the frequency with which the hospital \n administered a drug selected under subparagraph (D) of \n such subsection in an inpatient setting during such \n period; and\n ``(C) if the service was so performed or the drug \n was so administered during such period--\n ``(i) the total number of times the service \n was so performed or the drug was so \n administered during such period; and\n ``(ii) the average and the median charge by \n the hospital for such service or drug during \n such period; and\n ``(2) In the case of an ambulatory surgical center--\n ``(A) the frequency with which the center performed \n each service selected under subparagraph (C) of \n subsection (c)(1) during such period; and\n ``(B) if the service was so performed during such \n period--\n ``(i) the total number of times the service \n was so performed during such period; and\n ``(ii) the average and the median charge by \n the center for such service during such period.\n ``(b) Public Availability of Data.--\n ``(1) Public posting of data.--The Secretary shall promptly \n post, on the official public Internet site of the Department of \n Health and Human Services, the data reported under subsection \n (a). Such data shall be set forth in a manner that promotes \n charge comparison among hospitals and ambulatory surgical \n centers.\n ``(2) Notice of availability.--A hospital and an ambulatory \n surgical center shall prominently post at each admission site \n of the hospital or center a notice of the availability of the \n data reported under subsection (a) on the official public \n Internet site under paragraph (1).\n ``(c) Selection of Services and Drugs.--For purposes of this \nsection:\n ``(1) Initial selection.--Based on national data, the \n Secretary shall select the following:\n ``(A) The 25 most frequently performed services in \n a hospital inpatient setting.\n ``(B) The 25 most frequently performed services in \n a hospital outpatient setting.\n ``(C) The 25 most frequently performed services in \n an ambulatory surgical center setting.\n ``(D) The 50 most frequently administered drugs in \n a hospital inpatient setting.\n ``(2) Updating selection.--The Secretary shall periodically \n update the services and drugs selected under paragraph (1).\n ``(d) Civil Money Penalty.--The Secretary may impose a civil money \npenalty of not more than $10,000 for each knowing violation of \nsubsection (a) or (b)(2) by a hospital or an ambulatory surgical \ncenter. The provisions of subsection (i)(2) of section 351A shall apply \nwith respect to civil money penalties under this subsection in the same \nmanner as such provisions apply to civil money penalties under \nsubsection (i)(1) of such section.\n ``(e) Administrative Provisions.--\n ``(1) In general.--The Secretary shall prescribe such \n regulations and issue such guidelines as may be required to \n carry out this section.\n ``(2) Classification of services.--The regulations and \n guidelines under paragraph (1) shall include rules on the \n classification of different services and the assignment of \n items and procedures to those services.\n ``(3) Rules.--The regulations and guidelines under \n paragraph (1) shall include rules regarding reporting of \n inpatient diagnostic related groups (DRGs), outpatient \n procedures and tests and classification of drugs. \n Classification of drugs may include unit, strength, and dosage \n information for reporting.\n ``(4) Computation of average and median charges.--\n ``(A) In general.--The regulations and guidelines \n under paragraph (1) shall include a methodology for \n computing an average and median charge for a service or \n drug, in accordance with subparagraph (B).\n ``(B) Methodology.--The methodology prescribed by \n the Secretary under subparagraph (A) shall ensure that \n an average and median charge for a service reflects the \n amount charged before any adjustment based on a \n negotiated rate with a third party.\n ``(5) Form of report and notice.--The regulations and \n guidelines under paragraph (1) shall specify the electronic \n form and manner by which a hospital or an ambulatory surgical \n center shall report data under subsection (a) and the form for \n posting of notices under subsection (b)(2).\n ``(f) Rules of Construction.--\n ``(1) Non-preemption of state laws.--Nothing in this \n section shall be construed as preempting or otherwise affecting \n any provision of State law relating to the disclosure of \n charges or other information for a hospital or an ambulatory \n surgical center.\n ``(2) Charges.--Nothing in this section shall be construed \n to regulate or set hospital or ambulatory surgical center \n charges.\n ``(g) Definitions.--In this section:\n ``(1) Hospital and ambulatory surgical center.--The terms \n `hospital' and `ambulatory surgical center' have the meaning \n given such terms by the Secretary.\n ``(2) Drug.--For purposes of this section, the term `drug' \n includes a biological and a non-prescription drug, such as an \n ointment.''.","summary":"Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital or center for such services or drugs. And (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals and centers. And (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered. Allows the Secretary to impose a civil monetary penalty for violations of this Act.","title":"To amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital and ambulatory surgical center services and drugs.","text_len":7133,"sum_len":788} {"bill_id":"112_s689","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Security Act of 2011''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Council.--The term ``Council'' means the National \n Energy Security Council established by section 4.\n (3) National energy security program.--The term ``national \n energy security program'' means the national energy security \n program established by section 3.\n (4) National oil independence goal.--The term ``national \n oil independence goal'' means the national oil independence \n goal established under section 3(c).\n (5) National oil independence plan.--The term ``national \n oil independence plan'' means the national oil independence \n plan established under section 3(d).\n\nSEC. 3. NATIONAL ENERGY SECURITY PROGRAM.\n\n (a) Establishment.--There is established in the Executive Office of \nthe President the national energy security program.\n (b) Mission.--The mission of the national energy security program \nshall be to coordinate the activities and policies of the Federal \nGovernment to ensure, to the maximum extent practicable, that the \nUnited States meets--\n (1) goals for reducing oil dependence, oil imports, and oil \n consumption; and\n (2) other energy policy goals, including goals for--\n (A) enhancing the competitiveness of the United \n States in clean energy technology;\n (B) strengthening clean energy technology \n manufacturing in the United States;\n (C) reducing greenhouse gas emissions; and\n (D) reducing hazardous pollutants.\n (c) National Oil Independence Goal.--\n (1) In general.--Subject to paragraph (2), it is the goal \n of the United States to reduce oil consumption by the quantity \n that is equal to or greater than the quantity of oil imported \n by the United States from outside of North America by calendar \n year 2030 (as compared to the rate of oil consumption projected \n for calendar year 2030 as of the date of enactment of this \n Act).\n (2) Adjustments.--The President, in consultation with the \n Council--\n (A) may adjust the numeric goal for calendar year \n 2030 established under paragraph (1);\n (B) shall ensure that any new goal established \n under subparagraph (A) represents the maximum \n practicable oil savings achievable, taking into account \n other benefits of reducing oil consumption (including \n economic, security, and environmental benefits) and \n costs or other economic effects; and\n (C) if any new goal established under subparagraph \n (A) is lower than the goal established under paragraph \n (1), shall establish an additional goal for reducing \n oil consumption in the United Sates by a quantity that \n is equal to or greater than the quantity of oil \n imported by the United States from outside of North \n America on the fastest timeline practicable, taking \n into account other benefits of reducing oil consumption \n (including economic, security, and environmental \n benefits) and costs or other economic effects.\n (d) National Oil Independence Plan.--\n (1) In general.--The President, in coordination with the \n Council and the Director of the Office of Management and \n Budget, shall--\n (A) develop a national oil independence plan that \n describes programs and activities that will be \n implemented to meet or exceed the national oil \n independence goal and other goals established pursuant \n to subsection (c);\n (B) submit the national oil independence plan to \n Congress not later than 180 days after the date of \n enactment of this Act; and\n (C) submit an updated national oil independence \n plan to Congress every 2 years thereafter.\n (2) Review of federal policies, programs, and \n authorities.--Not later than 120 days after the date of \n enactment of this Act, the President, in coordination with the \n Council and the Director of the Office of Management and \n Budget, shall review existing programs and authorities of the \n Federal Government and other applicable policies (including tax \n policies) to determine--\n (A)(i) which programs, authorities, or policies \n could be used to accelerate reductions in oil \n dependence; and\n (ii) any means by which the programs, authorities, \n or policies--\n (I) could be used to maximize reductions in \n oil dependence; or\n (II) would require modification in order to \n be used to maximize reductions in oil \n dependence; and\n (B)(i) which programs, authorities, or policies \n have the effect of increasing oil consumption and oil \n dependence or otherwise create barriers to reducing oil \n consumption and oil dependence; and\n (ii) the manner by which the programs, authorities, \n or policies--\n (I) have the effect of encouraging oil \n consumption or oil dependence or otherwise \n create barriers to reducing oil consumption and \n oil dependence; and\n (II) could be modified or eliminated to \n help meet the goal of reducing oil consumption \n and oil dependence.\n (3) Contents.--At a minimum, the national oil independence \n plan shall--\n (A) describe the results and conclusions of the \n review conducted under paragraph (2);\n (B) as appropriate, include--\n (i) the use of programs, authorities, or \n policies described in paragraph (2)(A); and\n (ii) if existing authority allows, \n proposals to modify or eliminate programs, \n authorities, or policies described in paragraph \n (2)(B);\n (C) include recommendations to Congress for \n legislation that would further--\n (i) promote reductions in oil consumption \n and oil dependence;\n (ii) reduce barriers to reducing oil \n consumption and oil dependence; and\n (iii) help meet the energy policy goals of \n the United States;\n (D) include a timetable for achieving the national \n oil independence goal, including interim targets on not \n less than a biennial basis;\n (E) a plan for coordinating actions across the \n Federal Government to ensure, to the maximum extent \n practicable, that the national oil independence goal is \n met; and\n (F) a timeline for issuing rules, Executive orders, \n or other policy instruments that will implement the \n recommendations contained the national oil independence \n plan.\n (e) Annual Requests to Congress.--When submitting annual budget \nrequests to Congress, the President shall include--\n (1)(A) requests for sufficient funding for such programs \n the President considers appropriate to implement the national \n oil independence plan; and\n (B) if the amount of funding is not sufficient to meet the \n national oil independence goal, a description of the amount of \n funding that would be necessary to meet the goal;\n (2)(A) requests for such additional authorities or changes \n to existing laws or authorities as the President considers \n appropriate in order to implement the national oil independence \n plan; and\n (B) if the amount of funding is not sufficient to meet the \n national oil independence goal, a description of such \n additional authority or changes to existing laws or authorities \n as would be necessary to meet the goal; and\n (3) a report on the oil consumption and imports of the \n United States relative to the national oil independence goal \n and the interim targets and timelines established in the \n national oil independence plan.\n\nSEC. 4. NATIONAL ENERGY SECURITY COUNCIL.\n\n (a) Establishment.--There is established in the Executive Office of \nthe President a National Energy Security Council.\n (b) Mission.--The mission of the Council shall be to assist and \nadvise the President in--\n (1) establishing the national oil independence goal in \n numeric terms of barrels per day of oil consumption, based on \n the most recent consumption estimates by the Energy Information \n Administration;\n (2) meeting the national oil independence goal;\n (3) developing the national oil independence plan and the \n requests described in section 3(e);\n (4) coordinating the policies, programs, and activities of \n the national energy security program in order to implement the \n national oil independence plan and meet the national oil \n independence goal; and\n (5) ensuring that policy decisions and programs are \n consistent with the energy policy goals of the United States.\n (c) Membership.--The membership of the Council shall consist of--\n (1) the Secretary of Energy;\n (2) the Assistant to the President for National Security \n Affairs;\n (3) the Secretary of Transportation;\n (4) the Administrator;\n (5) the Secretary of the Treasury;\n (6) the Director of the National Economic Council;\n (7) the Secretary of Agriculture;\n (8) the Chair of the Council on Environmental Quality;\n (9) the Secretary of State; and\n (10) the Director of the Office of Science and Technology \n Policy.\n (d) Chair.--The President shall act as Chair of the Council.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as are necessary.","summary":"Energy Security Act of 2011 - Establishes in the Executive Office of the President the national energy security program to coordinate federal government activities and policies to ensure that the United States meets goals for reducing oil dependence, oil imports, and oil consumption as well as other energy policy goals. Declares it is the goal of the United States to reduce oil consumption by 2030 by an amount equal to or greater than the quantity of oil imported from outside of North America. Directs the President, in coordination with the National Energy Security Council and the Director of the Office of Management and Budget (OMB), to develop a national oil independence plan, which shall be updated biennially. Directs the President to review existing federal programs and authorities to determine: (1) which of them could be used to accelerate reductions in oil dependence, and (2) the means to maximize such reductions. Establishes in the Executive Office of the President the National Energy Security Council.","title":"A bill to promote the oil independence of the United States, and for other purposes.","text_len":11149,"sum_len":1024} {"bill_id":"113_hr2495","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Super Computing Leadership \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n Section 2 of the Department of Energy High-End Computing \nRevitalization Act of 2004 (15 U.S.C. 5541) is amended by striking \nparagraphs (1) through (5) and inserting the following:\n ``(1) Co-design.--The term `co-design' means the joint \n development of application algorithms, models, and codes with \n computer technology architectures and operating systems to \n maximize effective use of high-end computing systems.\n ``(2) Department.--The term `Department' means the \n Department of Energy.\n ``(3) Exascale.--The term `exascale' means computing system \n performance at or near 10 to the 18th power floating point \n operations per second.\n ``(4) High-end computing system.--The term `high-end \n computing system' means a computing system with performance \n that substantially exceeds that of systems that are commonly \n available for advanced scientific and engineering applications.\n ``(5) Institution of higher education.--The term \n `institution of higher education' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n ``(6) Leadership system.--The term `leadership system' \n means a high-end computing system that is among the most \n advanced in the world in terms of performance in solving \n scientific and engineering problems.\n ``(7) National laboratory.--The term `National Laboratory' \n means any one of the seventeen laboratories owned by the \n Department.\n ``(8) Secretary.--The term `Secretary' means the Secretary \n of Energy.\n ``(9) Software technology.--The term `software technology' \n includes optimal algorithms, programming environments, tools, \n languages, and operating systems for high-end computing \n systems.''.\n\nSEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND \n DEVELOPMENT PROGRAM.\n\n Section 3 of the Department of Energy High-End Computing \nRevitalization Act of 2004 (15 U.S.C. 5542) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1), by striking ``program'' and \n inserting ``coordinated program across the \n Department'';\n (B) by striking ``and'' at the end of paragraph \n (1);\n (C) by striking the period at the end of paragraph \n (2) and inserting ``; and''; and\n (D) by adding at the end the following new \n paragraph:\n ``(3) partner with universities, National Laboratories, and \n industry to ensure the broadest possible application of the \n technology developed in this program to other challenges in \n science, engineering, medicine, and industry.'';\n (2) in subsection (b)(2), by striking ``vector'' and all \n that follows through ``architectures'' and inserting ``computer \n technologies that show promise of substantial reductions in \n power requirements and substantial gains in parallelism of \n multicore processors, concurrency, memory and storage, \n bandwidth, and reliability''; and\n (3) by striking subsection (d) and inserting the following:\n ``(d) Exascale Computing Program.--\n ``(1) In general.--The Secretary shall conduct a \n coordinated research program to develop exascale computing \n systems to advance the missions of the Department.\n ``(2) Execution.--The Secretary shall, through competitive \n merit review, establish two or more National Laboratory-\n industry-university partnerships to conduct integrated \n research, development, and engineering of multiple exascale \n architectures, and--\n ``(A) conduct mission-related co-design activities \n in developing such exascale platforms;\n ``(B) develop those advancements in hardware and \n software technology required to fully realize the \n potential of an exascale production system in \n addressing Department target applications and solving \n scientific problems involving predictive modeling and \n simulation and large-scale data analytics and \n management; and\n ``(C) explore the use of exascale computing \n technologies to advance a broad range of science and \n engineering.\n ``(3) Administration.--In carrying out this program, the \n Secretary shall--\n ``(A) provide, on a competitive, merit-reviewed \n basis, access for researchers in United States \n industry, institutions of higher education, National \n Laboratories, and other Federal agencies to these \n exascale systems, as appropriate; and\n ``(B) conduct outreach programs to increase the \n readiness for the use of such platforms by domestic \n industries, including manufacturers.\n ``(4) Reports.--\n ``(A) Integrated strategy and program management \n plan.--The Secretary shall submit to Congress, not \n later than 90 days after the date of enactment of the \n American Super Computing Leadership Act, a report \n outlining an integrated strategy and program management \n plan, including target dates for prototypical and \n production exascale platforms, interim milestones to \n reaching these targets, functional requirements, roles \n and responsibilities of National Laboratories and \n industry, acquisition strategy, and estimated resources \n required, to achieve this exascale system capability. \n The report shall include the Secretary's plan for \n Departmental organization to manage and execute the \n Exascale Computing Program, including definition of the \n roles and responsibilities within the Department to \n ensure an integrated program across the Department. The \n report shall also include a plan for ensuring balance \n and prioritizing across ASCR subprograms in a flat or \n slow-growth budget environment.\n ``(B) Status reports.--At the time of the budget \n submission of the Department for each fiscal year, the \n Secretary shall submit a report to Congress that \n describes the status of milestones and costs in \n achieving the objectives of the exascale computing \n program.\n ``(C) Exascale merit report.--At least 18 months \n prior to the initiation of construction or installation \n of any exascale-class computing facility, the Secretary \n shall transmit a plan to the Congress detailing--\n ``(i) the proposed facility's cost \n projections and capabilities to significantly \n accelerate the development of new energy \n technologies;\n ``(ii) technical risks and challenges that \n must be overcome to achieve successful \n completion and operation of the facility; and\n ``(iii) an independent assessment of the \n scientific and technological advances expected \n from such a facility relative to those expected \n from a comparable investment in expanded \n research and applications at terascale-class \n and petascale-class computing facilities, \n including an evaluation of where investments \n should be made in the system software and \n algorithms to enable these advances.''.\n\n Passed the House of Representatives September 8, 2014.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"American Super Computing Leadership Act - Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing , and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE. (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry. And (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines quot, co-designquot. As the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies. (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility. And (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.","title":"American Super Computing Leadership Act","text_len":8662,"sum_len":3077} {"bill_id":"103_hr4484","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``FHA Improvement Act of 1994''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds that--\n (1) the single family housing mortgage insurance program of \n the Department of Housing and Urban Development is a \n significant factor in promoting first-time and affordable \n homeownership in the United States;\n (2) use of mortgage financing under the program has \n decreased in recent years, due in part to increasing complexity \n of mortgage origination and servicing under the program;\n (3) simplifying and streamlining the loan criteria and loan \n approval process under the program would have a positive effect \n on use of the program without increasing risk to the Mutual \n Mortgage Insurance Fund; and\n (4) flexible lending products can be developed without \n increasing risk to the Mutual Mortgage Insurance Fund.\n\nSEC. 3. LOAN FLOOR.\n\n Subparagraph (A) of the first sentence of section 203(b)(2) of the \nNational Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking \nthe matter following clause (ii) and inserting the following:\n ``except that the applicable dollar amount limitation \n in effect under this subparagraph (A) for any area may \n not be less than the greater of--\n ``(I) the dollar amount limitation in \n effect under this section for the area on the \n date of enactment of the FHA Improvement Act of \n 1994; or\n ``(II) the applicable average area purchase \n price determined under section 143(e)(2) of the \n Internal Revenue Code of 1986, as adjusted by \n the Secretary to reflect a single amount using \n purchase prices for residences that have been \n previously occupied, and for residences that \n have not been so occupied, which amount shall \n be adjusted by the Secretary annually on the \n basis of the Constant Quality Housing Price \n Index;''.\n\nSEC. 4. CALCULATION OF DOWNPAYMENT.\n\n Section 203(b)(2) of the National Housing Act (12 U.S.C. \n1709(b)(2)) is amended--\n (1) by striking subparagraph (B) and inserting the \n following new subparagraph:\n ``(B) except as otherwise provided in this \n paragraph (2), not in excess of--\n ``(i) 98.75 percent of the appraised value \n of the property, in the case of a mortgage with \n an appraised value equal to or less than \n $50,000, or\n ``(ii) 97.5 percent of the appraised value \n of the property, in the case of a mortgage with \n an appraised value in excess of $50,000,\n plus the amount of the mortgage insurance premium paid \n at the time the mortgage is insured.'';\n (2) by striking the 2d sentence of the matter following \n subparagraph (B); and\n (3) in penultimate undesignated paragraph--\n (A) in the 2d sentence, by striking ``the preceding \n sentence'' and inserting ``this subsection''; and\n (B) by striking the first sentence.\n\nSEC. 5. ISSUANCE OF INSURANCE BY MORTGAGEES.\n\n Section 215 of the National Housing Act (12 U.S.C. 1715f) is \namended--\n (1) by inserting ``(a) Mortgages Without Insured Permanent \n Financing.--'' after ``Sec. 215''; and\n (2) by adding at the end the following new subsection:\n ``(b) Issuance of Insurance Certificates by Mortgagee.--Not later \nthan the expiration of the 180-day period beginning on the date of the \nenactment of this Act, the Secretary shall implement a system for \ninsuring mortgages under this title involving properties upon which are \nlocated 1- to 4-family dwelling units that provides that any mortgagee \nthat is authorized by the Secretary to process mortgages as direct \nendorsement mortgages may endorse a mortgage for insurance, execute a \nfirm commitment for insurance binding upon the Secretary, and issue a \ncertificate of mortgage insurance under this title, without review and \napproval by the Secretary of the specific mortgage.''.\n\nSEC. 6. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION.\n\n (a) In General.--Section 203(b)(2) of the National Housing Act (12 \nU.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B) \n(as amended by section 3 of this Act)--\n (1) in the 1st undesignated paragraph, by striking \n ``Notwithstanding any other provision of this section,'' and \n all that follows through ``beginning of construction.''; and\n (2) by striking the 2d undesignated paragraph (relating to \n mortgage insurance amounts for residences having solar energy \n systems)\n (b) Repeal of Authority to Expend Amounts From Insurance Fund to \nCorrect Substantial Defects.--Section 518 of the National Housing Act \n(12 U.S.C. 1735b) is hereby repealed.\n\nSEC. 7. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR \n DOWNPAYMENTS.\n\n (a) In General.--Section 203(b)(9) of the National Housing Act (12 \nU.S.C. 1709(b)(9)) is amended by inserting before the period at the end \nthe following: ``: Provided further, That for purposes of this \nparagraph, the Secretary shall consider as cash or its equivalent any \namounts borrowed from a family member (as such term is defined in \nsection 201), subject only to the requirements that, in any case in \nwhich the repayment of such borrowed amounts is secured by a lien \nagainst the property, such lien shall be subordinate to the mortgage \nand the sum of the principal obligation of the mortgage and the \nobligation secured by such lien may not exceed 100 percent of the \nappraised value of the property plus any initial service charges, \nappraisal, inspection, and other fees in connection with the \nmortgage''.\n (b) Definition of Family Member.--Section 201 of the National \nHousing Act (12 U.S.C. 1707) is amended by adding at the end the \nfollowing new subsections:\n ``(e) The term `family member' means, with respect to a mortgagor \nunder such section, a child, parent, or grandparent of the mortgagor \n(or the mortgagor's spouse). In determining whether any of the \nrelationships referred to in the preceding sentence exist, a legally \nadopted son or daughter of an individual (and a child who is a member \nof an individual's household, if placed with such individual by an \nauthorized placement agency for legal adoption by such individual), and \na foster child of an individual, shall be treated as a child of such \nindividual by blood.\n ``(f) The term `child' means, with respect to a mortgagor under \nsuch section, a son, stepson, daughter, or stepdaughter of such \nmortgagor.''.\n\nSEC. 8. APPROVAL OF CONDOMINIUM PROJECTS.\n\n Section 234 of the National Housing Act (12 U.S.C. 1715y) is \namended by striking subsection (k) and inserting the following new \nsubsection:\n ``(k) Approval of Projects.--\n ``(1) In general.--A mortgage covering a multifamily \n project or a condominium unit in a multifamily project shall be \n eligible for mortgage insurance under this section \n notwithstanding any other provision of this section relating to \n requirements for multifamily projects if the project has been \n approved by a government-sponsored housing enterprise and--\n ``(A) in the case of a mortgage covering any \n condominium unit in the project, the mortgage otherwise \n complies with the requirements under this section \n regarding eligibility of mortgages for mortgage \n insurance provided under subsection (c); and\n ``(B) in the case of a blanket mortgage covering \n the multifamily project, the mortgage otherwise \n complies with the requirements under this section \n regarding eligibility of mortgages for mortgage \n insurance provided under subsection (d).\n ``(2) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n ``(A) The term `approved by a government-sponsored \n housing enterprise' means, with respect to a \n multifamily housing project having a condominium \n ownership structure, that a government-sponsored \n housing enterprise has determined that any mortgage \n covering the project or any condominium property in the \n project may be purchased by the enterprise if such \n mortgage is otherwise determined by the enterprise to \n meet the standards and requirements of the enterprise \n relating to mortgages.\n ``(B) The term `condominium unit' means, with \n respect to a multifamily property, a 1-family dwelling \n unit in the project and an undivided interest in the \n common areas and facilities that serve the project.\n ``(C) The term `government-sponsored housing \n enterprise' means--\n ``(i) the Federal National Mortgage \n Association; and\n ``(ii) the Federal Home Loan Mortgage \n Corporation.''.\n\nSEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES.\n\n Title II of the National Housing Act (12 U.S.C. 1701 et seq.) is \namended by adding at the end the following new section:\n\n ``2-step single family mortgages\n\n ``Sec. 256. (a) Authority.--After making the finding required under \nsubsection (d), the Secretary may insure under any provision of this \ntitle a mortgage involving property upon which there is located a \ndwelling designed principally for occupancy by 1 to 4 families, where \nthe mortgage provides that the effective rate of interest charged is--\n ``(1) fixed for the duration of a specified period that \n consists of not less than the first 5 years of the mortgage \n term;\n ``(2) adjusted by the mortgagee upon the expiration of the \n specified period referred to in paragraph (1) for the mortgage; \n and\n ``(3) for the term of the mortgage remaining after such \n adjustment--\n ``(A) fixed at the adjusted rate established \n pursuant to paragraph (2); or\n ``(B) periodically adjusted by the mortgagee.\n ``(b) Redetermination of Rate.--For each mortgage insured pursuant \nto this section, the adjustment of the effective rate of interest \npursuant to subsection (a)(2) may be accomplished through adjustments \nin the monthly payment amount, the outstanding principal balance, or \nthe mortgage term, or a combination of such factors, except that in no \ncase may any extension of a mortgage term result in a total term in \nexcess of 40 years. The adjustment in the effective rate of interest \nshall correspond to a specified national interest rate index that is \napproved in regulations issued by the Secretary and information on \nwhich is readily accessible to the mortgagors from generally available \npublished sources.\n ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage \ninsured pursuant to this section for which the effective rate of \ninterest charged pursuant to subsection (a)(3) is periodically adjusted \nunder subparagraph (B) of such subsection, such adjustments in the \ninterest rate--\n ``(1) may be accomplished through adjustments in the \n monthly payment amount, the outstanding principal balance, or \n the mortgage term, or a combination of such factors, except \n that in no case may any extension of a mortgage term result in \n a total term in excess of 40 years;\n ``(2) shall correspond to a specified national interest \n rate index that is approved in regulations issued the Secretary \n and information on which is readily accessible to the \n mortgagors from generally available published sources;\n ``(3) shall be made on an annual basis;\n ``(4) shall be limited, with respect to any single interest \n rate increase, to no more than 1 percent on the outstanding \n loan balance; and\n ``(5) be limited to a maximum increase of 5 percentage \n points above the initial contract interest rate over the term \n of the mortgage.\n ``(d) Conditions on Insuring Authority.--The Secretary may insure \nmortgages pursuant to this section only after determining that the risk \nposed by such insurance to the financial safety and soundness of the \ninsurance fund of which the mortgage insurance is an obligation does \nnot exceed such risk posed by insurance of mortgages of equivalent \nterms having fixed interest rates over such terms.\n ``(e) Description of Features.--The Secretary shall issue \nregulations requiring that the mortgagee make available to the \nmortgagor, at the time of loan application, a written explanation of \nthe features of the 2-step mortgage insured pursuant to this section.\n ``(f) Limitation of Total Number of Mortgages Insured.--The \naggregate number of mortgages and loans insured pursuant to this \nsection in any fiscal year may not exceed 10 percent of the aggregate \nnumber of mortgages and loans insured by the Secretary under this title \nduring the preceding fiscal year.''.\n\nSEC. 10. STUDY REGARDING MORTGAGE INSURANCE PREMIUMS AND MORTGAGE \n AMOUNT LIMITATIONS.\n\n The Secretary of Housing and Urban Development shall conduct a \nstudy to determine--\n (1) various methods of decreasing the amounts of the up-\n front and annual premiums charged for mortgage insurance under \n the single family home mortgage insurance program under title \n II of the National Housing Act; and\n (2) the effects of such various methods on the financial \n safety and soundness of the Mutual Mortgage Insurance Fund.\nNot later than the expiration of the 18-month period beginning on the \ndate of the enactment of this Act, the Secretary shall submit a report \nto the Congress containing the findings of the study under this section \nand any recommendations of the Secretary resulting from such findings.","summary":"FHA Improvement Act of 1994 - Amends the National Housing Act to revise the single family mortgage insurance program. Directs the Secretary of Housing and Urban Development to study mortgage insurance premiums and mortgage amount limitations.","title":"FHA Improvement Act of 1994","text_len":14864,"sum_len":242} {"bill_id":"113_s2401","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Increasing Medical Oversight in the \nDepartment of Veterans Affairs Act of 2014''.\n\nSEC. 2. OFFICE OF THE MEDICAL INSPECTOR.\n\n (a) Establishment.--Subchapter I of chapter 73 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 7310. Office of the Medical Inspector\n ``(a) In General.--There is established in the Department within \nthe Office of the Under Secretary for Health an office to be known as \nthe `Office of the Medical Inspector' (in this section referred to as \nthe `Office').\n ``(b) Head.--(1) The Medical Inspector shall be the head of the \nOffice.\n ``(2) The Medical Inspector shall be appointed by the Secretary \nfrom among individuals qualified to perform the duties of the position.\n ``(3) The Medical Inspector shall report directly to the Under \nSecretary for Health.\n ``(c) Functions.--The functions of the Office shall include the \nfollowing:\n ``(1) To review the quality of health care provided to \n veterans--\n ``(A) by the Department generally; and\n ``(B) by the Department through contracts with non-\n Department health care providers.\n ``(2) To review offices of the Veterans Health \n Administration that have an impact on the quality of health \n care provided to veterans by the Department and the performance \n of the Department in providing such care.\n ``(3) To review offices and facilities of the Veterans \n Health Administration to ensure that policies and procedures of \n the Department and the Veterans Health Administration are \n applied consistently at all such offices and facilities.\n ``(4) To investigate any systemic issues, as determined by \n the Medical Inspector, that arise within the Veterans Health \n Administration, including the following:\n ``(A) Improper issuance of credentials and \n privileges to health care providers.\n ``(B) Impediments to the access of veterans to \n health care from the Department.\n ``(C) Wait times for appointments by veterans at \n medical facilities of the Department in excess of wait-\n time goals established by the Department.\n ``(D) Intentional falsification by employees of the \n Department of information or data with respect to wait \n times for such appointments.\n ``(5) To establish temporary investigative teams to carry \n out reviews or investigations described in paragraphs (1), (2), \n (3), and (4) in response to specific incidents or inquiries, \n including the following:\n ``(A) Investigations of complaints by a veteran, a \n family member of a veteran, or another individual that \n may require a visit to a facility or facilities of the \n Department.\n ``(B) Assessments to examine potential systemic \n issues within the Veterans Health Administration that \n may require the conduct of surveys, the collection of \n data, and the analysis of databases of the Department.\n ``(6) To recommend policies to promote economy and \n efficiency in the administration of, and to prevent and detect \n criminal activity, waste, abuse, and mismanagement in, programs \n and operations of the Veterans Health Administration.\n ``(7) To carry out any other tasks required of the Office \n by the Secretary or the Under Secretary for Health before, on, \n or after the date of the enactment of this section.\n ``(d) Reports.--(1) Not later than 30 days after the date of the \nenactment of this section, and periodically thereafter, the Medical \nInspector shall submit to the Secretary, the Under Secretary for \nHealth, and Congress reports on any problems or deficiencies \nencountered in programs and operations of the Veterans Health \nAdministration, including any recommendations for corrective actions.\n ``(2) Each report required by paragraph (1) shall be made available \nto the public on an Internet website of the Department.\n ``(3) Any other report prepared by the Medical Inspector in \ncarrying out the functions of the Office under this section shall be--\n ``(A) submitted to Congress; and\n ``(B) made available to the public on an Internet website \n of the Department.\n ``(e) Privacy Matters.--Any medical or other personal information \nobtained by the Office shall be protected from disclosure or misuse in \naccordance with the laws on privacy applicable to such information.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 73 of such title is amended by inserting after the item \nrelating to section 7309 the following new item:\n\n``7310. Office of the Medical Inspector.''.\n (c) Conforming Amendments.--Section 7306(a) of such title is \namended by--\n (1) redesignating paragraph (10) as paragraph (11); and\n (2) inserting after paragraph (9) the following new \n paragraph (10):\n ``(10) The Medical Inspector, who shall be the head of the \n Office of the Medical Inspector under section 7310 of this \n title.''.\n (d) Continuation in Office.--The individual serving as the Medical \nInspector of the Department of Veterans Affairs on the day before the \ndate of the enactment of this Act may serve as the Medical Inspector of \nthe Department of Veterans Affairs after that date until the date on \nwhich the Secretary of Veterans Affairs appoints an individual to be \nthe Medical Inspector pursuant to section 7310(b)(2) of title 38, \nUnited States Code, as added by subsection (a).","summary":"Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 - Establishes the Office of the Medical Inspector of the Department of Veterans Affairs (VA) within the Office of the Under Secretary for Health. Includes among the functions of the Office to: review the quality of health care provided to veterans by the VA generally and by the VA through contracts with non-VA health care providers. Review offices of the Veterans Health Administration (VHA) that have an impact on the quality of health care provided to veterans by the VA and the performance of the VA in providing such care. Review VHA offices and facilities to ensure that VA and VHA policies and procedures are applied consistently. Investigate any systemic issues that arise within VHA, including improper issuance of credentials and privileges to health care providers, impediments to access to VA health care, wait times for appointments at VA medical facilities in excess of VA goals, and intentional falsification by VA employees of information regarding wait times. Establish temporary investigative teams to carry out reviews in response to specific incidents or inquiries, including veterans' complaints and potential systemic issues within VHA that may require the conduct of surveys, the collection of data, and the analysis of VA databases. Recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, VHA programs and operations. And report on problems or deficiencies encountered in VHA programs and operations and recommend corrective actions.","title":"Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014","text_len":5962,"sum_len":1641} {"bill_id":"105_hr2539","text":"TITLE I--PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN \n CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES\n\nSEC. 101. PROHIBITION ON USE OF FUNDS.\n\n (a) Prohibition.--Notwithstanding any other provision of law, for \nfiscal years after fiscal year 1997, no funds appropriated or otherwise \nmade available for the Department of State, the United States \nInformation Agency, and the United States Agency for International \nDevelopment may be used for the purpose of providing travel expenses \nand per diem for the participation of nationals of the People's \nRepublic of China described in paragraphs (1) and (2) in conferences, \nexchanges, programs, and activities:\n (1) The head or political secretary of any of the following \n Chinese Government-created or approved organizations:\n (A) The Chinese Buddhist Association.\n (B) The Chinese Catholic Patriotic Association.\n (C) The National Congress of Catholic \n Representatives.\n (D) The Chinese Catholic Bishops' Conference.\n (E) The Chinese Protestant ``Three Self'' Patriotic \n Movement.\n (F) The China Christian Council.\n (G) The Chinese Taoist Association.\n (H) The Chinese Islamic Association.\n (2) Any military or civilian official or employee of the \n Government of the People's Republic of China who is directly \n involved in any of the following policies or practices or who \n was responsible for the supervision of persons directly \n involved in such policies or practices:\n (A) Formulating, drafting, or implementing \n repressive religious policies.\n (B) Imprisoning, detaining, or harassing \n individuals on religious grounds.\n (C) Promoting or participating in policies or \n practices which hinder religious activities or the free \n expression of religious beliefs.\n (b) Certification.--\n (1) Each Federal agency subject to the prohibition of \n subsection (a) shall certify in writing to the appropriate \n congressional committees no later than 120 days after the date \n of enactment of this Act, and every 90 days thereafter, that it \n did not pay, either directly or through a contractor or \n grantee, for travel expenses or per diem of any national of the \n People's Republic of China described in subsection (a).\n (2) Each certification under paragraph (1) shall be \n supported by the following information:\n (A) The name of each employee of any agency of the \n Government of the People's Republic of China whose \n travel expenses or per diem were paid by funds of the \n reporting agency of the United States Government.\n (B) The procedures employed by the reporting agency \n of the United States Government to ascertain whether \n each individual under subparagraph (A) did or did not \n participate in activities described in subsection \n (a)(2).\n (C) The reporting agency's basis for concluding \n that each individual under subparagraph (A) did not \n participate in such activities.\n (c) Definition of Appropriate Congressional Committees.--For \npurposes of this section the term ``appropriate congressional \ncommittees'' means the Committee on Foreign Relations of the Senate and \nthe Committee on International Relations of the House of \nRepresentatives.\n\nSEC. 102. SUNSET PROVISION.\n\n Section 101 shall cease to have effect 4 years after the date of \nthe enactment of this Act.\n\n TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR \n RADIO FREE ASIA AND VOICE OF AMERICA\n\nSEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING.\n\n (a) Authorization of Appropriations for International Broadcasting \nto China.--In addition to such sums as are otherwise authorized to be \nappropriated for ``International Broadcasting Activities'' for fiscal \nyears 1998 and 1999, there are authorized to be appropriated for \n``International Broadcasting Activities'' $46,900,000 for fiscal year \n1998 and $31,200,000 for fiscal year 1999, which shall be available \nonly for broadcasting to China.\n (b) Limitations.--\n (1) Radio free asia.--\n (A) Of the funds authorized to be appropriated \n under subsection (a) $26,900,000 is authorized to be \n appropriated for fiscal year 1998 and $21,200,000 is \n authorized to be appropriated for fiscal year 1999 for \n Radio Free Asia.\n (B) Of the funds under subparagraph (A), $1,200,000 \n is authorized to be appropriated for each such fiscal \n year for additional personnel to staff Cantonese \n language broadcasting.\n (C) Of the funds under subparagraph (A) authorized \n to be appropriated for fiscal year 1998, $900,000 is \n authorized to be appropriated for additional advanced \n editing equipment.\n (2) 1998.--\n (A) Of the funds under subsection (a) authorized to \n be appropriated for fiscal year 1998, $11,800,000 is \n authorized to be appropriated for capital expenditures \n for the purchase and construction of transmission \n facilities.\n (B) Of the funds under subsection (a) authorized to \n be appropriated for fiscal year 1998, $3,000,000 is \n authorized to be appropriated to facilitate the timely \n augmentation of transmitters at Tinian, Commonwealth of \n Northern Marianas.\n (c) Allocation.--Of the amounts authorized to be appropriated under \nsubsection (a), the Director of the United States Information Agency \nand the Board of Broadcasting Governors shall seek to ensure that the \namounts made available for broadcasting to nations whose people do not \nfully enjoy freedom of expression do not decline in proportion to the \namounts made available for broadcasting to other nations.\n\nSEC. 202. REPORTING REQUIREMENT.\n\n Not later than 90 days after the date of enactment of this Act, in \nconsultation with the Board of Broadcasting Governors, the President \nshall prepare and transmit to Congress a report on a plan to achieve \ncontinuous broadcasting of Radio Free Asia and Voice of America to the \nPeople's Republic of China in multiple major dialects and languages.\n\nSEC. 203. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR MIGRATION \n AND REFUGEE ASSISTANCE.\n\n Notwithstanding any other provision of law, such amounts as are \nauthorized to be appropriated for ``Migration and Refugee Assistance'' \nfor fiscal year 1998 shall be reduced by $21,900,000 and for fiscal \nyear 1999 shall be reduced by $6,200,000.\n\n TITLE III--MISCELLANEOUS PROVISIONS\n\nSEC. 301. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL PERSONNEL AT \n DIPLOMATIC POSTS TO MONITOR HUMAN RIGHTS IN THE PEOPLE'S \n REPUBLIC OF CHINA.\n\n There are authorized to be appropriated to support personnel to \nmonitor political repression in the People's Republic of China in the \nUnited States Embassy in Beijing, as well as the American consulates in \nGuangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, $2,200,000 for \nfiscal year 1998 and $2,200,000 for fiscal year 1999.\n\nSEC. 302. CONGRESSIONAL STATEMENT OF POLICY.\n\n It is the sense of the Congress that the President should make \nfreedom of religion one of the major objectives of United States \nforeign policy with respect to China. As part of this policy, the \nDepartment of State should raise in every relevant bilateral and \nmultilateral forum the issue of individuals imprisoned, detained, \nconfined, or otherwise harassed by the Chinese Government on religious \ngrounds. In its communications with the Chinese Government, the \nDepartment of State should provide specific names of individuals of \nconcern and request a complete and timely response from the Chinese \nGovernment regarding the individuals' whereabouts and condition, the \ncharges against them, and sentence imposed. The goal of these official \ncommunications should be the expeditious release of all religious \nprisoners in China and the end of the Chinese Government's policy and \npractice of harassing and repressing religious believers.","summary":"TABLE OF CONTENTS: Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America Title III: Miscellaneous Provisions Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities - Prohibits certain US agencies from funding the travel and per diem expenses of certain nationals of the People's Republic of China for participation in conferences, exchanges, programs, and activities. Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America - Authorizes appropriations for International Broadcasting Activities for FY 1998 and 1999 in addition to sums previously authorized. Details allocation of such additional appropriations for Radio Free Asia. Instructs the Director of the United States Information Agency and the Board of Broadcasting Governors to seek to ensure that funds made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to amounts made available for broadcasting to other nations. Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America in multiple major dialects and languages to the People's Republic of China. Reduces authorization of appropriations for FY 1998 and 1999 for Migration and Refugee Assistance. Title III: Miscellaneous Provisions - Authorizes appropriations for FY 1998 and 1999 to support personnel in the United States Embassy in Beijing as well as in selected American consulates to monitor political repression in the People's Republic of China. Expresses the sense of the Congress that: (1) the President should make freedom of religion one of the major objectives of US foreign policy with respect to China. (2) the Department of State should raise the issue of individuals imprisoned or otherwise harassed by the Chinese Government on religious grounds and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and the sentence imposed. And (3) the goal of official communications should be the expeditious release of all religious prisoners in China and the end of religious harassment and repression.","title":"To prohibit the use of United States funds to provide for the participation of certain Chinese officials in international conferences, exchanges, programs, and activities, and for other purposes.","text_len":8812,"sum_len":2492} {"bill_id":"115_s1092","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Interstate Transport Act of 2018''.\n\nSEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.\n\n (a) Definition.--In this Act, the term ``transport''--\n (1) includes staying in temporary lodging overnight, common \n carrier misrouting or delays, stops for food, fuel, vehicle \n maintenance, emergencies, or medical treatment, and any other \n activity related to the journey of a person; and\n (2) does not include transport of a knife with the intent \n to commit an offense punishable by imprisonment for a term \n exceeding 1 year involving the use or threatened use of force \n against another person, or with knowledge, or reasonable cause \n to believe, that such an offense is to be committed in the \n course of, or arising from, the journey.\n (b) Transport of Knives.--\n (1) In general.--Notwithstanding any other provision of any \n law or any rule or regulation of a State or any political \n subdivision thereof, a person who is not otherwise prohibited \n by any Federal law from possessing, transporting, shipping, or \n receiving a knife shall be entitled to transport a knife for \n any lawful purpose from any place where the person may lawfully \n possess, carry, or transport the knife to any other place where \n the person may lawfully possess, carry, or transport the knife \n if--\n (A) in the case of transport by motor vehicle, the \n knife--\n (i) is not directly accessible from the \n passenger compartment of the motor vehicle; or\n (ii) in the case of a motor vehicle without \n a compartment separate from the passenger \n compartment, is contained in a locked container \n other than the glove compartment or console; \n and\n (B) in the case of transport by means other than a \n motor vehicle, including any transport over land or on \n or through water, the knife is contained in a locked \n container.\n (2) Limitation.--This subsection shall not apply to the \n transport of a knife or tool in the cabin of a passenger \n aircraft subject to the rules and regulations of the \n Transportation Security Administration.\n (c) Emergency Knives.--\n (1) In general.--A person--\n (A) may carry in the passenger compartment of a \n mode of transportation a knife or tool--\n (i) the blades of which consist only of a \n blunt tipped safety blade, a guarded blade, or \n both; and\n (ii) that is specifically designed for \n enabling escape in an emergency by cutting \n safety belts; and\n (B) shall not be required to secure a knife or tool \n described in subparagraph (A) in a locked container.\n (2) Limitation.--This subsection shall not apply to the \n transport of a knife or tool in the cabin of a passenger \n aircraft subject to the rules and regulations of the \n Transportation Security Administration.\n (d) No Arrest.--A person who is transporting a knife in compliance \nwith this section may not be arrested for violation of any law, rule, \nor regulation of a State or political subdivision of a State related to \nthe possession, transport, or carrying of a knife, unless there is \nprobable cause to believe that the person is not in compliance with \nsubsection (b).\n (e) Costs.--If a person who asserts this section as a claim or \ndefense in a civil or criminal action or proceeding is a prevailing \nparty on the claim or defense, the court shall award costs and \nreasonable attorney's fees incurred by the person.\n (f) Expungement.--If a person who asserts this section as a claim \nor defense in a criminal proceeding is a prevailing party on the claim \nor defense, the court shall enter an order that directs that there be \nexpunged from all official records all references to--\n (1) the arrest of the person for the offense as to which \n the claim or defense was asserted;\n (2) the institution of any criminal proceedings against the \n person relating to such offense; and\n (3) the results of the proceedings, if any.\n (g) Rule of Construction.--Nothing in this section shall be \nconstrued to limit any right to possess, carry, or transport a knife \nunder applicable State law.\n\n Passed the Senate December 11, 2018.\n\n Attest:\n\n Secretary.\n115th CONGRESS\n\n 2d Session\n\n S. 1092\n\n_______________________________________________________________________\n\n AN ACT\n\n To protect the right of law-abiding citizens to transport knives \n interstate, notwithstanding a patchwork of local and State \n prohibitions.","summary":"Interstate Transport Act of 2017 This bill permits an individual to transport a knife for any lawful purpose between two places where it is legal to possess and carry such knife. The individual must comply with specified requirements. The bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to comply with specified requirements. An individual may assert compliance with this bill's requirements as a claim or defense in any civil or criminal action or proceeding.","title":"Interstate Transport Act of 2017","text_len":5301,"sum_len":554} {"bill_id":"103_s228","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Bicycle Helmet Safety Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) 90 million Americans ride bicycles and 20 million ride \n a bicycle more than once a week;\n (2) between 1984 and 1988, 2,985 bicyclists in the United \n States died from head injuries and 905,752 suffered head \n injuries that were treated in hospital emergency rooms;\n (3) 41 percent of bicycle-related head injury deaths and 76 \n percent of bicycle-related head injuries occurred among \n American children under age 15;\n (4) deaths and injuries from bicycle accidents cost society \n $7.6 billion annually; and a child suffering from a head \n injury, on average, will cost society $4.5 million over the \n child's lifetime;\n (5) universal use of bicycle helmets in the United States \n would have prevented 2,600 deaths from head injuries and \n 757,000 injuries; and\n (6) only 5 percent of children in the Nation who ride \n bicycles wear helmets.\n\nSEC. 3. ESTABLISHMENT OF PROGRAM.\n\n The Administrator of the National Highway Traffic Safety \nAdministration may, in accordance with section 4, make grants to \nStates, State political subdivisions, and nonprofit organizations for \nprograms that require or encourage individuals under the age of 16 to \nwear approved bicycle helmets. In making those grants, the \nAdministrator shall allow grantees to use wide discretion in designing \nprograms that effectively promote increased bicycle helmet use.\n\nSEC. 4. PURPOSES FOR GRANTS.\n\n A grant made under section 3 may be used by a grantee to--\n (1) enforce a law that requires individuals under the age \n of 16 to wear approved bicycle helmets on their heads while \n riding on bicycles;\n (2) assist individuals under the age of 16 to acquire \n approved bicycle helmets;\n (3) develop and administer a program to educate individuals \n under the age of 16 and their families on the importance of \n wearing such helmets in order to improve bicycle safety; or\n (4) carry out any combination of the activities described \n in paragraphs (1), (2), and (3).\n\nSEC. 5. STANDARDS.\n\n (a) In General.--Bicycle helmets manufactured 9 months or more \nafter the date of the enactment of this Act shall conform to--\n (1) any interim standard described under subsection (b), \n pending the establishment of a final standard pursuant to \n subsection (c); and\n (2) the final standard, once it has been established under \n subsection (c).\n (b) Interim Standards.--The interim standards are as follows:\n (1) The American National Standards Institute standard \n designated as ``Z90.4-1984''.\n (2) The Snell Memorial Foundation standard designated as \n ``B-90''.\n (3) Any other standard that the Consumer Product Safety \n Commission determines is appropriate.\n (c) Final Standard.--Not later than 60 days after the date of the \nenactment of this Act, the Consumer Product Safety Commission shall \nbegin a proceeding under section 553 of title 5, United States Code, \nto--\n (1) review the requirements of the interim standards set \n forth in subsection (a) and establish a final standard based on \n such requirements;\n (2) include in the final standard a provision to protect \n against the risk of helmets coming off the heads of bicycle \n riders;\n (3) include in the final standard provisions that address \n the risk of injury to children; and\n (4) include additional provisions as appropriate.\nSections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and \n2058) shall not apply to the proceeding under this subsection and \nsection 11 of such Act (15 U.S.C. 2060) shall not apply with respect to \nany standard issued under such proceeding. The final standard shall \ntake effect 1 year from the date it is issued.\n (d) Failure To Meet Standards.--\n (1) Failure to meet interim standard.--Until the final \n standard takes effect, a bicycle helmet that does not conform \n to an interim standard as required under subsection (a)(1) \n shall be considered in violation of a consumer product safety \n standard promulgated under the Consumer Product Safety Act.\n (2) Status of final standard.--The final standard developed \n under subsection (c) shall be considered a consumer product \n safety standard promulgated under the Consumer Product Safety \n Act.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n For the National Highway Traffic Safety Administration to carry out \nthe grant program authorized by this Act, there are authorized to be \nappropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal \nyear 1995, and $4,000,000 for fiscal year 1996.\n\nSEC. 7. DEFINITION.\n\n In this Act, the term ``approved bicycle helmet'' means a bicycle \nhelmet that meets--\n (1) any interim standard described in section 5(b), pending \n establishment of a final standard under section 5(c); and\n (2) the final standard, once it is established under \n section 5(c).","summary":"Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets, (2) assist such individuals to acquire such helmets. And (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations.","title":"Children's Bicycle Helmet Safety Act of 1993","text_len":5422,"sum_len":1269} {"bill_id":"110_hr849","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop the Misuse of ITINs Act of \n2007''.\n\nSEC. 2. NOTIFICATION OF EMPLOYMENT STATUS OF INDIVIDUALS NOT AUTHORIZED \n TO WORK IN THE UNITED STATES.\n\n (a) In General.--Subsection (i) of section 6103 of the Internal \nRevenue Code of 1986 (relating to confidentiality and disclosure of \nreturns and return information) is amended by adding at the end the \nfollowing new paragraph:\n ``(9) Disclosure to secretary of homeland security of \n employment information of employees not authorized to be \n employed in united states.--\n ``(A) In general.--If--\n ``(i) the Secretary receives a return from \n any person or entity (hereafter in this \n paragraph referred to as the `employer') \n showing wages (as defined in section 3121(a)) \n paid to any employee, and\n ``(ii) the TIN of such employee, as shown \n on such return, indicates that such employee is \n not authorized to be employed in the United \n States,\n the Secretary shall provide electronically to the \n Secretary of Homeland Security the following \n information as shown on such return: the name, address, \n and TIN of such employee and the name, address, and \n employer identification number of the employer.\n ``(B) Notice to employer and employee.--Whenever \n the Secretary sends a notice under subparagraph (A) \n with respect to any employer and employee, the \n Secretary also shall notify the employer and the \n employee in writing that such employee is not \n authorized to be employed in the United States and that \n the employee's employment with the employer should be \n terminated not later than the 30th day after the date \n of the notice. Such notice shall also describe--\n ``(i) the employer's obligations under this \n paragraph,\n ``(ii) the employee's right under this \n paragraph to contest the determination that the \n employee is not authorized to be employed in \n the United States, and\n ``(iii) the procedure under this paragraph \n for contesting such determination.\n ``(C) Employee's right to contest.--\n ``(i) Notice to employee.--If any employer \n receives such a notice from the Secretary with \n respect to an employee, the employer shall, \n within 3 business days after the date the \n employer received such notice, provide a copy \n of such notice to the employee.\n ``(ii) Right to contest.--An employee may \n contest the accuracy of such notice during the \n 30-day period beginning on the date that the \n employer provided the notice under clause (i) \n to the employee.\n ``(iii) Contest procedure.--If, during such \n 30-day period, the employee provides the \n employer with information substantiating such \n employee's claimed authorization to be employed \n in the United States, the employer shall, in \n such form and manner as the Secretary shall \n prescribe, provide to the Secretary--\n ``(I) the employee's name, address, \n and taxpayer identification number,\n ``(II) the employer's name, \n address, telephone number, and employer \n identification number, and\n ``(III) the information provided by \n the employee to the employer \n substantiating such employee's \n authorization to be employed in the \n United States.\n ``(D) Verification from department of homeland \n security.--\n ``(i) Transmittal of inquiry.--Within 3 \n business days after receiving the information \n described in subparagraph (C)(iii), the \n Secretary shall provide such information \n electronically to the Secretary of Homeland \n Security.\n ``(ii) Response.--Within 7 business days \n after receiving such information, the Secretary \n of Homeland Security shall electronically \n notify the Secretary, and shall notify the \n employer and employee in writing, as to whether \n the employee is authorized to be employed in \n the United States.\n ``(E) Suspension of obligation to terminate \n employment until response received.--\n ``(i) In general.--Except as provided in \n clause (ii), if the employee meets the \n requirement of subparagraph (C)(iii), the \n employer's obligation to terminate the \n employment of such employee shall be suspended \n until the employer receives the notice \n described in subparagraph (D)(ii).\n ``(ii) Timely response not received.--If \n the employer does not receive such notice \n before the 30th day after the close such 30-day \n period, the employer shall so notify the \n Secretary.\n ``(F) Rebuttable presumption of violation of the \n immigration and nationality act.--\n ``(i) In general.--A rebuttable presumption \n is created that the employer has violated \n section 274A(a)(1)(A) of the Immigration and \n Nationality Act if--\n ``(I) the employer employs an \n individual with respect to whom a \n notice is received under subparagraph \n (B) after the 30 days described in such \n subparagraph,\n ``(II) the employer fails to notify \n the Secretary as required by \n subparagraph (E)(ii) and employs such \n individual, or\n ``(III) the employer refers the \n individual for employment after \n receiving a notice under subparagraph \n (B) with respect to such individual.\n ``(ii) Exceptions.--\n ``(I) Suspension period.--Clause \n (i)(I) shall not apply during the \n suspension period described in \n subparagraph (E)(i)\n ``(II) Notice from secretary of \n homeland security.--Clause (i) shall \n cease to apply with respect to an \n individual after the date that the \n employer is notified by the Secretary \n of Homeland Security that such \n individual is authorized to be employed \n in the United States.\n ``(G) Refunds denied.--No refund of any tax imposed \n by this title shall be made to any individual for any \n taxable year during any portion of which such \n individual is employed in the United States without \n being authorized to be so employed.\n ``(H) Special rules.--\n ``(i) Protection from liability.--No \n employer shall be civilly or criminally liable \n under any law for any action taken in good \n faith reliance on information provided by the \n Secretary or the Secretary of Homeland Security \n with respect to any individual's eligibility to \n be employed in the United States.\n ``(ii) Timely mailing treated as timely \n notice.--Rules similar to the rules of section \n 7502 shall apply for purposes of this section.\n ``(iii) Last known address of employee.--\n Any notice required to be provided to an \n employee under this section shall be sufficient \n if mailed to the employee at the last known \n address of the employee.''.\n (b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such \nCode is amended by striking ``(5) or (7)'' each place it appears and \ninserting ``(5), (7), or (9)''.\n (c) Effective Date.--The amendments made by this section shall \napply to returns received more than 180 days after the date of the \nenactment of this Act.","summary":"Stop the Misuse of ITINs Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) notify the Secretary of Homeland Security of any employer tax return which shows wages paid to an employee who is not authorized to be employed in the United States. And (2) provide a written notice to the employer and employee involved that such employment is illegal and must be terminated within 30 days after the date of said notice. Allows any employee who receives a notice to contest such notice and provide documentation substantiating such employee's claimed authorization to work in the United States.","title":"To amend the Internal Revenue Code of 1986 to require the Secretary of the Treasury to notify the Secretary of Homeland Security of employer returns showing the employment of individuals not authorized to be employed in the United States and to notify the employers that they must terminate the employment of those employees, to provide an opportunity for those employees to contest the information, and for other purposes.","text_len":10221,"sum_len":632} {"bill_id":"115_hr2728","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cleaning Product Labeling Act of \n2017''.\n\nSEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.\n\n (a) Labeling Requirement.--Beginning on the date that is 1 year \nafter the date on which the Commission issues regulations under \nsubsection (d), a cleaning product manufactured for sale, offered for \nsale, distributed in commerce, or imported to the United States after \nsuch date shall bear a label on the product's container or packaging \nwith, and the manufacturer of the product shall include on the Internet \nwebsite of the manufacturer (if the manufacturer maintains an Internet \nwebsite), a complete and accurate list of all the product's \ningredients, including the individual ingredients in dyes, fragrances, \nand preservatives. Ingredients shall be listed in accordance with the \nfollowing:\n (1) Ingredients shall be listed in descending order of \n predominance in the product by weight, other than ingredients \n that constitute less than 1 percent of the product, which may \n be listed at the end in any order.\n (2) The list of ingredients on the Internet website of the \n product shall--\n (A) include the CAS Registry Number of each \n ingredient;\n (B) include an explanation of each ingredient's \n purpose for being in the cleaning product; and\n (C) be available in English, Spanish, and any other \n language the Commission or Administration determines \n necessary to ensure that users of the product in the \n United States are informed as to the complete list of \n the product's ingredients and their function.\n (b) Treatment of Nonconforming Products.--\n (1) Consumer products.--A cleaning product under the \n jurisdiction of the Commission that is not in conformity with \n the labeling requirements of subsection (a), including a \n product the manufacturer of which is not in compliance with the \n Internet website listing requirement with respect to such \n product, shall be treated as a substance defined in section \n 2(p) of the Federal Hazardous Substances Act (15 U.S.C. \n 1261(p)) for purposes of such Act.\n (2) Other cleaning products.--A cleaning product under the \n jurisdiction of the Occupational Safety and Health \n Administration that is not in conformity with the labeling \n requirements of subsection (a), including a product the \n manufacturer of which is not in compliance with the Internet \n website listing requirement with respect to such product, shall \n be treated as a product in violation of a rule promulgated \n under section 6 of the Occupational Safety and Health Act of \n 1970 (29 U.S.C. 655).\n (c) No Effect on Existing Labeling Requirements.--Nothing in this \nAct shall be interpreted as having any effect on any labeling \nrequirements in effect before the date of enactment of this Act as \ndescribed in section 2(p) of the Federal Hazardous Substances Act (15 \nU.S.C. 1261(p)), section 3 of the Poison Prevention Packaging Act of \n1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the \nOccupational Safety and Health Administration.\n (d) Rulemaking Authority of the Consumer Product Safety \nCommission.--Not later than 1 year after the date of the enactment of \nthis Act, in consultation with the Administrator of the Environmental \nProtection Agency as necessary, the Commission shall issue regulations \nfor cleaning products under the jurisdiction of the Commission--\n (1) to ensure a standardized method of listing ingredients \n in an accessible, uniform, and legible manner on both the label \n and Internet website of a product as required by subsection \n (a); and\n (2) to provide for the effective enforcement of this Act.\n (e) Rulemaking Authority of the Occupational Safety and Health \nAdministration.--Not later than 1 year after the date of the enactment \nof this Act, in consultation with the Administrator of the \nEnvironmental Protection Agency as necessary, the Secretary of Labor \nshall issue regulations, including occupational safety or health \nstandards, for cleaning products under the jurisdiction of the \nAdministration--\n (1) to ensure a standardized method of listing ingredients \n in an accessible, uniform, and legible manner on both the label \n and website of a product as required by subsection (a); and\n (2) to provide for the effective enforcement of this Act.\n (f) Preservation of Existing Agency Jurisdiction.--Nothing in this \nAct shall be construed as having any effect on which cleaning products \nfall within the jurisdiction of the Commission or the Occupational \nSafety and Health Administration.\n\nSEC. 3. PUBLIC RIGHT TO KNOW PETITION.\n\n (a) Petition.--Any person may submit a petition to the agency of \njurisdiction alleging that a cleaning product available in interstate \ncommerce does not satisfy the labeling requirements of this Act, \nincluding a product the manufacturer of which is not in compliance with \nthe requirement to list the product's ingredients on its Internet \nwebsite.\n (b) Action by the Agency of Jurisdiction.--The agency of \njurisdiction shall notify a petitioner of the receipt of a petition \nwithin 30 days after receipt of such petition. The agency shall \ninvestigate the claims made by the petition and make a determination as \nto the validity of such claims within 180 days after acknowledging the \nreceipt of such petition. If the agency sustains the claim or claims \nmade by the petition, the agency shall initiate the proper enforcement \nactions required by law.\n (c) Regulations.--The agency of jurisdiction may issue such \nregulations as it determines necessary to require that petitions \ninclude a reasonable evidentiary basis for the claims made therein.\n\nSEC. 4. RELATIONSHIP TO STATE LAWS.\n\n Nothing in this Act affects the right of a State or political \nsubdivision of a State to adopt or enforce any regulation, requirement, \nor standard of performance that is different from, or in addition to, a \nregulation, requirement, liability, or standard of performance \nestablished pursuant to this Act unless compliance with both this Act \nand the State or political subdivision of a State regulation, \nrequirement, or standard of performance is impossible, in which case \nthe applicable provision of this Act shall control.\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Agency of jurisdiction.--The term ``agency of \n jurisdiction'' means the Occupational Safety and Health \n Administration with respect to cleaning products and matters \n under the jurisdiction of the Administration and the Commission \n with respect to cleaning products and matters under the \n jurisdiction of the Commission.\n (2) Air care product.--The term ``air care product'' means \n a mixture of one or more chemicals the purpose of which is to \n clean and freshen air or to deodorize and neutralize unwanted \n odors in the indoor air, including solid gels, air freshener \n spray, an outlet or battery operated air freshener, a hanging \n car air freshener, and a potpourri product.\n (3) Automotive product.--The term ``automotive product'' \n means a chemically formulated consumer product designed to \n maintain the appearance of a motor vehicle, but does not \n include automotive paint or a paint repair product.\n (4) Cleaning product.--The term ``cleaning product'' means \n any chemically formulated product used primarily for \n commercial, domestic, or institutional cleaning purposes, \n including an air care product, automotive product, disinfectant \n (except as provided in subparagraph (B)), and polish or floor \n maintenance product. Such term shall not include--\n (A) any drug or cosmetic, including personal care \n items such as toothpaste, shampoo, and hand soap; or\n (B) a product labeled, advertised, marketed, and \n distributed for use only as a pesticide, as defined by \n section 2(u) of the Federal Insecticide, Fungicide, and \n Rodenticide Act (7 U.S.C. 136(u)), including a \n disinfectant intended for use solely on critical or \n semi-critical devices as described by such section.\n (5) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission.\n (6) Ingredient.--The term ``ingredient'' means a chemical \n intentionally incorporated in a cleaning product, including--\n (A) a chemical intentionally added to the product \n that provides a technical or functional effect;\n (B) the intentional breakdown product of a chemical \n that has an effect on the cleaning product;\n (C) with respect to a fragrance or preservative, \n each individual component part of the fragrance or \n preservative; and\n (D) any individual component of an ingredient or of \n an incidental ingredient that the Commission determines \n should be considered an ingredient.\n (7) Incidental ingredient.--The term ``incidental \n ingredient'' means a chemical in a cleaning product, \n including--\n (A) any substance that is present by reason of \n having been added to a cleaning product during \n processing for its technical or functional effect;\n (B) a chemical that has no technical or functional \n effect but is present by reason of having been \n incorporated into the cleaning product as a component \n of an ingredient of another chemical; and\n (C) any contaminant that may form via reactions \n over the shelf life of a cleaning product and that may \n be present at levels where detection is technologically \n feasible.\n (8) Polish or floor maintenance product.--The term ``polish \n or floor maintenance product'' means a chemically formulated \n consumer product designed to polish, protect, or maintain \n furniture, floors, metal, leather, or other surfaces, including \n polish, wax, and restorer.\n (9) Secretary of labor.--The term ``Secretary of Labor'' \n means the Secretary of Labor, acting through the Assistant \n Secretary of Labor for Occupational Safety and Health.","summary":"Cleaning Product Labeling Act of 2017 This bill requires chemically formulated cleaning products to bear a label with, and requires manufacturers to include on their Internet websites, a list of all of the product's ingredients in descending order of predominance by weight, except that ingredients that constitute less than 1 of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as: (1) a misbranded hazardous substance under the Federal Hazardous Substances Act if it is under the jurisdiction of the Consumer Product Safety Commission (CPSC), or (2) a violation of rules under the Occupational Safety and Health Act of 1970 if it is under the jurisdiction of the Occupational Safety and Health Administration (OSHA). The CPSC and OSHA must issue regulations to enforce this bill. A person may petition the CPSC or OSHA to investigate claims that a product does not satisfy these requirements.","title":"Cleaning Product Labeling Act of 2017","text_len":10942,"sum_len":1132} {"bill_id":"110_s2320","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Comprehensive Immunosuppressive Drug \nCoverage for Kidney Transplant Patients Act of 2007''.\n\nSEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS \n UNDER THE MEDICARE PROGRAM FOR KIDNEY TRANSPLANT \n RECIPIENTS.\n\n (a) Continued Entitlement to Immunosuppressive Drugs.--\n (1) Kidney transplant recipients.--Section 226A(b)(2) of \n the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by \n inserting ``(except for coverage of immunosuppressive drugs \n under section 1861(s)(2)(J))'' after ``shall end''.\n (2) Application.--Section 1836 of the Social Security Act \n (42 U.S.C. 1395o) is amended--\n (A) by striking ``Every individual who'' and \n inserting ``(a) In General.--Every individual who''; \n and\n (B) by adding at the end the following new \n subsection:\n ``(b) Special Rules Applicable to Individuals Only Eligible for \nCoverage of Immunosuppressive Drugs.--\n ``(1) In general.--In the case of an individual whose \n eligibility for benefits under this title has ended except for \n the coverage of immunosuppressive drugs by reason of section \n 226A(b)(2), the following rules shall apply:\n ``(A) The individual shall be deemed to be enrolled \n under this part for purposes of receiving coverage of \n such drugs.\n ``(B) The individual shall be responsible for the \n full amount of the premium under section 1839 in order \n to receive such coverage.\n ``(C) The provision of such drugs shall be subject \n to the application of--\n ``(i) the deductible under section 1833(b); \n and\n ``(ii) the coinsurance amount applicable \n for such drugs (as determined under this part).\n ``(D) If the individual is an inpatient of a \n hospital or other entity, the individual is entitled to \n receive coverage of such drugs under this part.\n ``(2) Establishment of procedures in order to implement \n coverage.--The Secretary shall establish procedures for--\n ``(A) identifying beneficiaries that are entitled \n to coverage of immunosuppressive drugs by reason of \n section 226A(b)(2); and\n ``(B) distinguishing such beneficiaries from \n beneficiaries that are enrolled under this part for the \n complete package of benefits under this part.''.\n (3) Technical amendment.--Subsection (c) of section 226A of \n the Social Security Act (42 U.S.C. 426-1), as added by section \n 201(a)(3)(D)(ii) of the Social Security Independence and \n Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. \n 1497), is redesignated as subsection (d).\n (b) Extension of Secondary Payer Requirements for ESRD \nBeneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 \nU.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following \nnew sentence: ``With regard to immunosuppressive drugs furnished on or \nafter the date of enactment of the Comprehensive Immunosuppressive Drug \nCoverage for Kidney Transplant Patients Act of 2007, this subparagraph \nshall be applied without regard to any time limitation.''.\n (c) Effective Date.--The amendments made by this section shall \napply to drugs furnished on or after the date of enactment of this Act.\n\nSEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS \n FOR KIDNEY TRANSPLANT RECIPIENTS.\n\n (a) Application to Certain Health Insurance Coverage.--\n (1) In general.--Subpart 2 of part A of title XXVII of the \n Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is \n amended by adding at the end the following:\n\n``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT \n RECIPIENTS.\n\n ``A group health plan (and a health insurance issuer offering \nhealth insurance coverage in connection with a group health plan) shall \nprovide coverage of immunosuppressive drugs in connection with a kidney \ntransplant that is at least as comprehensive as the coverage provided \nby such plan or issuer on the day before the date of enactment of the \nComprehensive Immunosuppressive Drug Coverage for Kidney Transplant \nPatients Act of 2007, and such requirement shall be deemed to be \nincorporated into this section.''.\n (2) Conforming amendment.--Section 2721(b)(2)(A) of the \n Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is \n amended by inserting ``(other than section 2707)'' after \n ``requirements of such subparts''.\n (b) Application to Group Health Plans and Group Health Insurance \nCoverage Under the Employee Retirement Income Security Act of 1974.--\n (1) In general.--Subpart B of part 7 of subtitle B of title \n I of the Employee Retirement Income Security Act of 1974 (29 \n U.S.C. 1185 et seq.) is amended by adding at the end the \n following new section:\n\n``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT \n RECIPIENTS.\n\n ``A group health plan (and a health insurance issuer offering \nhealth insurance coverage in connection with a group health plan) shall \nprovide coverage of immunosuppressive drugs in connection with a kidney \ntransplant that is at least as comprehensive as the coverage provided \nby such plan or issuer on the day before the date of enactment of the \nComprehensive Immunosuppressive Drug Coverage for Kidney Transplant \nPatients Act of 2007, and such requirement shall be deemed to be \nincorporated into this section.''.\n (2) Conforming amendments.--\n (A) Section 732(a) of the Employee Retirement \n Income Security Act of 1974 (29 U.S.C. 1191(a)) is \n amended by striking ``section 711'' and inserting \n ``sections 711 and 714''.\n (B) The table of contents in section 1 of the \n Employee Retirement Income Security Act of 1974 is \n amended by inserting after the item relating to section \n 713 the following new item:\n\n``Sec. 714. Coverage of immunosuppressive drugs.''.\n (c) Application to Group Health Plans Under the Internal Revenue \nCode of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code \nof 1986 is amended--\n (1) in the table of sections, by inserting after the item \n relating to section 9812 the following new item:\n\n``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant \n recipients.'';\n and\n (2) by inserting after section 9812 the following:\n\n``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT \n RECIPIENTS.\n\n ``A group health plan shall provide coverage of immunosuppressive \ndrugs in connection with a kidney transplant that is at least as \ncomprehensive as the coverage provided by such plan on the day before \nthe date of enactment of the Comprehensive Immunosuppressive Drug \nCoverage for Kidney Transplant Patients Act of 2007, and such \nrequirement shall be deemed to be incorporated into this section.''.\n (d) Effective Date.--The amendments made by this section shall \napply to plan years beginning on or after January 1, 2008.","summary":"Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007 - Amends SSA title II (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare. And (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B. Makes him or her responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.","title":"A bill to amend title XVIII of the Social Security Act to provide continued entitlement to coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare Program that have received a kidney transplant and whose entitlement to coverage would otherwise expire, and for other purposes.","text_len":7710,"sum_len":1034} {"bill_id":"109_hr5078","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Environmental \nProtection Act''.\n\nSEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT \n OF ENVIRONMENTAL PROTECTION.\n\n (a) Redesignation.--The Environmental Protection Agency is \nredesignated as the Department of Environmental Protection (hereinafter \nin this Act referred to as the ``Department''), and shall be an \nexecutive department in the executive branch of the Government.\n (b) Secretary of Environmental Protection.--(1) There shall be at \nthe head of the Department a Secretary of Environmental Protection \n(hereinafter in this Act referred to as the ``Secretary'') who shall be \nappointed by the President, by and with the advice and consent of the \nSenate, except as provided in paragraph (2).\n (2) If so designated by the President, the individual who has been \nnominated and confirmed and is serving as the Administrator of the \nEnvironmental Protection Agency on the date of enactment of this Act \nshall become the Secretary of Environmental Protection, without \nreconfirmation by the Senate.\n (c) Transfer of Function, Powers, and Duties.--The functions, \npowers, and duties of each officer and employee of the Environmental \nProtection Agency are transferred to and vested in the corresponding \nofficer or employee of the Department.\n (d) Delegation of Authority.--The Secretary may, consistent with \nother laws--\n (1) delegate any functions, powers, or duties, including \n the promulgation of regulations, to such officers and employees \n of the Department as the Secretary may designate; and\n (2) authorize such successive redelegations of such \n functions, powers, or duties within the Department as the \n Secretary considers necessary or appropriate.\n\nSEC. 3. REFERENCES.\n\n Any reference in any other Federal law, Executive order, rule, \nregulation, reorganization plan, or delegation of authority, or in any \ndocument--\n (1) to the Environmental Protection Agency is deemed to \n refer to the Department of Environmental Protection;\n (2) to the Administrator of the Environmental Protection \n Agency is deemed to refer to the Secretary of Environmental \n Protection; and\n (3) to a subordinate official of the Environmental \n Protection Agency is deemed to refer to the corresponding \n official of the Department of Environmental Protection.\n\nSEC. 4. SAVINGS PROVISIONS.\n\n (a) Continuing Effect of Legal Documents.--All orders, \ndeterminations, rules, regulations, permits, grants, contracts, \ncertificates, licenses, privileges, agreements, registrations, and \nother administrative actions--\n (1) which have been issued, made, granted or allowed to \n become effective by the President, the Administrator or other \n authorized official of the Environmental Protection Agency, or \n by a court of competent jurisdiction, which relate to functions \n of the Administrator or any other officer or agent of the \n Environmental Protection Agency actions; and\n (2) which are in effect on the date of the enactment of \n this Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, the Secretary, or other authorized official, by a court \nof competent jurisdiction, or by operation of law.\n (b) Proceedings not Affected.--(1) This Act shall not affect any \nproceeding, proposed rule, or application for any license, permit, \ncertificate, registration, or financial assistance pending before the \nEnvironmental Protection Agency on the date of the enactment of this \nAct, and the effect of any such proceeding, proposed rule, or \napplication shall continue. Orders shall be issued, and final \ndeterminations shall be made, in any such proceeding, proposed rule, or \napplication, appeals shall be taken therefrom, and payments shall be \nmade pursuant to such orders, as if this Act had not been enacted, and \norders issued with respect to any such proceeding, proposed rule, or \napplication shall continue in effect until modified, terminated, \nsuperseded, or revoked by a duly authorized official, by a court of \ncompetent jurisdiction, or by operation of law.\n (2) Nothing in this subsection prohibits the discontinuance or \nmodification of any such proceeding, proposed rule, or application \nunder the same terms and conditions and to the same extent that such \nproceeding, proposed rule, or application could have been discontinued \nor modified if this Act had not been enacted.\n (c) Suits not Affected.--The provisions of this Act shall not \naffect suits commenced before the date of enactment of this Act, and in \nall such suits, proceedings shall be had, appeals taken, and judgments \nrendered in the same manner and with the same effect as if this Act had \nnot been enacted.\n (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced before the date of enactment of this Act by or against the \nEnvironmental Protection Agency, or by or against any individual in the \nofficial capacity of such individual as an officer of the Environmental \nProtection Agency, shall abate by reason of the enactment of this Act.\n (e) Property and Resources.--The contracts, liabilities, records, \nproperty, and other assets and interests of the Environmental \nProtection Agency shall, after the date of enactment of this Act, be \nconsidered to be the contracts, liabilities, records, property, and \nother assets and interests of the Department of Environmental \nProtection.\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n After consultation with the appropriate committees of Congress, the \nSecretary shall prepare and submit to Congress proposed legislation \ncontaining necessary and appropriate technical and conforming \namendments to the laws of the United States, to reflect the changes \nmade by this Act. Such proposed legislation shall be submitted not \nlater than one year after the date of enactment of this Act.","summary":"Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as an executive department, the Department of Environmental Protection, to be headed by a Secretary of Environmental Protection who shall be appointed by the President.","title":"To elevate the Environmental Protection Agency to Cabinet-level status and redesignate such agency as the Department of Environmental Protection.","text_len":6155,"sum_len":262} {"bill_id":"108_hr3447","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Investment and Economic \nDevelopment Fund for the Americas Act of 2003''.\n\nSEC. 2. FINDINGS; STATEMENT OF POLICY.\n\n (a) Findings.--Congress finds the following:\n (1) The historic economic, political, cultural, and \n geographic relationships among the countries of the Western \n Hemisphere are unique and of continuing special significance to \n the United States.\n (2) The interests of the countries of the Western \n Hemisphere are more interrelated today than ever before. \n Consequently, sound economic, social, and democratic progress \n in each of the countries continues to benefit other countries, \n and lack of it in any country may have serious repercussions in \n others.\n (3) Following the historic Summits of the Americas--the \n 1994 Summit in Miami, the 1998 Summit in Santiago, Chile, and \n the 2001 Summit in Quebec City, Canada--the heads of state of \n the countries of the Western Hemisphere accepted the formidable \n challenge of economic and social integration in and between \n their respective countries.\n (4) To make progress toward economic and social \n integration, there is a compelling need to focus on the social \n development of the people of the Americas which, in turn, will \n promote the economic and political development of the region.\n (5) Investment in social development in the Americas, \n including investment in human and social capital, specifically \n in education, health, housing, and labor markets with the goal \n of combating social exclusion and social ills, will consolidate \n political democracy and the rule of law and promote regional \n economic integration and trade in the region.\n (6) The challenge of achieving economic integration between \n one of the world's most developed economies and some of the \n poorest and most vulnerable countries requires a special effort \n to promote social equality, develop skills, and modernize the \n infrastructure in poorer countries that will enable the people \n of these countries to maximize the amount of benefits accrued \n from economic integration.\n (7) The particular challenge facing social and economic \n development in Latin America is the historic and persistent \n highly unequal distribution of wealth. Latin America suffers \n from the most unequal distribution of wealth in the world with \n huge inequities in the distribution of assets including \n education, land, and credit.\n (8) Latin America also confronts the challenge of an \n increasing number of poor people. As of today, approximately \n one-third of the population lives in poverty and increasing \n numbers live in extreme poverty. Poverty exists in all Latin \n American countries but 70 percent of the region's poor live in \n the five largest middle-income countries.\n (9) Marginalized groups, including indigenous populations, \n people of African descent, women, people with disabilities, and \n rural populations, are socially excluded and suffer from \n poverty, stigma, and discrimination.\n (10) Democratic values are dominant throughout the \n Americas, and nearly all governments in the region have come to \n power through democratic elections.\n (11) Nonetheless, existing democratic governments and their \n constituent institutions remain fragile and face critical \n challenges including effective democratic civilian authority \n over these institutions, including the military, the \n consolidation or establishment of independent judicial \n institutions and the rule of law, and the elimination of \n corruption.\n (12) The prosperity, security, and well-being of the United \n States is linked directly to peace, prosperity, and democracy \n in the Americas. The entire region benefits by reducing \n poverty, strengthening the middle class, and promoting the rule \n of law which will also increase markets for United States goods \n and create a better environment for regional investment by \n United States businesses.\n (13) Section 101 of the Foreign Assistance Act of 1961 (22 \n U.S.C. 2151) establishes as a principal objective of United \n States foreign assistance the ``encouragement and sustained \n support of the people of developing countries in their efforts \n to acquire the knowledge and resources essential to development \n and to build the economic, political, and social institutions \n which will improve the quality of their lives''.\n (14) It is in the national interests of the United States \n to assist developing countries in the Western Hemisphere as \n they implement the economic and political policies which are \n necessary to achieve equitable economic growth.\n (15) The Summit of the Americas has directly charged the \n multilateral institutions of the Americas, including the \n Organization of American States (OAS), the Inter-American \n Development Bank (IADB), and the new Inter-American Agency for \n Cooperation and Development with mobilizing private-public \n sector partnerships among industry and civil society to help \n achieve equitable development objectives.\n (16) By supporting the purposes and objectives of \n development and applying such purposes and objectives to the \n Americas, a Social Investment and Economic Development Fund for \n the Americas can advance the national interests of the United \n States and can directly improve the lives of the poor and \n marginalized groups, encourage broad-based economic growth \n while protecting the environment, build human capital and \n knowledge, support meaningful participation in democracy, and \n promote peace and justice in the Americas.\n (b) Statement of Policy.--It is, therefore, the policy of the \nUnited States--\n (1) to promote market-based principles, economic \n integration, social development, and trade in and between \n countries of the Americas by--\n (A) nurturing public-private partnerships and \n microenterprise development;\n (B) improving the quality of life and investing in \n human capital, specifically targeting education, health \n and disease prevention, and housing;\n (C) strengthening the rule of law through improved \n efficiency and transparency in government services; and\n (D) reducing poverty and eliminating the exclusion \n of marginalized populations, including people of \n African descent, indigenous groups, women, and people \n with disabilities; and\n (2) to establish an investment fund for the Western \n Hemisphere to advance the national interests of the United \n States, directly improve the lives of the poor and \n marginalized, encourage broad-based economic growth while \n protecting the environment, build human capital and knowledge, \n support meaningful participation in democratic institutions and \n processes, and promote peace and justice in the Americas.\n\nSEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.\n\n Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et \nseq.) is amended by adding at the end the following:\n\n ``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE \n AMERICAS\n\n``SEC. 499H. AUTHORIZATION OF ASSISTANCE.\n\n ``(a) In General.--The President, acting through the Administrator \nof the United States Agency for International Development, shall \nprovide assistance to reduce poverty and foster increased economic \nopportunity in the countries of the Western Hemisphere by--\n ``(1) nurturing public-private partnerships and \n microenterprise development;\n ``(2) improving the quality of life and investing in human \n capital, specifically targeting education, health and disease \n prevention, and housing;\n ``(3) strengthening the rule of law through improved \n efficiency and transparency in government services; and\n ``(4) reducing poverty and eliminating the exclusion of \n marginalized populations, including people of African descent, \n indigenous groups, women, and people with disabilities.\n ``(b) Terms and Conditions.--Assistance under this chapter may be \nprovided on such other terms and conditions as the President may \ndetermine.\n\n``SEC. 499I. TECHNICAL REVIEW COMMITTEE.\n\n ``(a) In General.--There is established within the United States \nAgency for International Development a technical review committee.\n ``(b) Membership.--The President, by and with the advice and \nconsent of the Senate, shall appoint to serve on the technical review \ncommittee--\n ``(1) individuals with technical expertise with respect to \n the development of Latin America and the Caribbean; and\n ``(2) citizens of the United States with technical \n expertise with respect to development projects and business \n experience.\nTechnical expertise shall be the sole criterion in making appointments \nto the technical review committee.\n ``(c) Duties.--The technical review committee shall review all \nprojects proposed for funding using assistance provided under section \n499H(a), and make recommendations to the President with respect to the \nguidelines to be used in evaluating project proposals and the \nsuitability of the proposed projects for funding.\n ``(d) Conflicts of Interest.--A member of the technical review \ncommittee shall not be permitted to review an application submitted by \nan organization with which the member has been or is affiliated.\n\n``SEC. 499J. REPORT.\n\n ``The President shall prepare and transmit to the Committee on \nInternational Relations of the House of Representatives, the Committee \non Foreign Relations of the Senate, and other appropriate congressional \ncommittees an annual report on the specific programs, projects, and \nactivities carried out under this chapter during the preceding year, \nincluding an evaluation of the results of such programs, projects, and \nactivities.\n\n``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There are authorized to be appropriated to carry \nout this chapter $250,000,000 for each of the fiscal years 2005 through \n2009.\n ``(b) Additional Authorities.--Amounts appropriated pursuant to \nsubsection (a)--\n ``(1) may be referred to as the `United States Social \n Investment and Economic Development Fund for the Americas';\n ``(2) are authorized to remain available until expended; \n and\n ``(3) are in addition to amounts otherwise available for \n such purposes.\n ``(c) Funding Limitation.--Not more than 7 percent of the amounts \nappropriated pursuant to subsection (a) for a fiscal year may be used \nfor administrative expenses.''.\n\nSEC. 4. AMENDMENT TO THE INTER-AMERICAN DEVELOPMENT BANK ACT.\n\n The Inter-American Development Bank Act (22 U.S.C. 283--283z-10) is \namended by adding at the end the following:\n\n``SEC. 39. SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE \n AMERICAS.\n\n ``(a) In General.--The Secretary of the Treasury shall instruct the \nUnited States Executive Director at the Bank to use the voice, vote, \nand influence of the United States to urge the Bank to establish an \naccount to be known as the `Social Investment and Economic Development \nFund for the Americas' (in this section referred to as the `Fund'), \nwhich is to be operated and administered by the Board of Executive \nDirectors of the Bank consistent with subsection (b). The United States \nGovernor of the Bank may vote for a resolution transmitted by the Board \nof Executive Directors which provides for the establishment of such an \naccount, and the operation and administration of the account consistent \nwith subsection (b).\n ``(b) Governing Rules.--\n ``(1) Use of funds.--The Fund shall be used to provide \n assistance to reduce poverty and foster increased economic \n opportunity in the countries of the Western Hemisphere by--\n ``(A) nurturing public-private partnerships and \n microenterprise development;\n ``(B) improving the quality of life and investing \n in human capital, specifically targeting education, \n health and disease prevention, and housing;\n ``(C) strengthening the rule of law through \n improved efficiency and transparency in government \n services; and\n ``(D) reducing poverty and eliminating the \n exclusion of marginalized populations, including people \n of African descent, indigenous groups, women, and \n people with disabilities.\n ``(2) Application for funding through a competitive \n process.--Any interested person or organization may submit an \n application for funding by the Fund.\n ``(3) Technical review committee.--\n ``(A) In general.--The Fund shall have a technical \n review committee.\n ``(B) Membership.--The Board of Executive Directors \n of the Bank shall appoint to serve on the technical \n review committee--\n ``(i) individuals with technical expertise \n with respect to the development of Latin \n America and the Caribbean; and\n ``(ii) citizens of the United States with \n technical expertise with respect to development \n projects and business experience.\n Technical expertise shall be the sole criterion (other \n than citizenship pursuant to clause (ii)) in making \n appointments to the technical review committee.\n ``(C) Duties.--The technical review committee shall \n review all projects proposed for funding by the Fund, \n and make recommendations to the Board of Executive \n Directors of the Bank with respect to the guidelines to \n be used in evaluating project proposals and the \n suitability of the proposed projects for funding.\n ``(D) Conflicts of interest.--A member of the \n technical review committee shall not be permitted to \n review an application submitted by an organization with \n which the member has been or is affiliated.\n ``(4) Review of proposed projects.--Not more frequently \n than annually, the Board of Executive Directors of the Bank \n shall review and make decisions on applications for projects to \n be funded by the Fund, in accordance with procedures which \n provide for transparency. The Board of Executive Directors \n shall provide advance notice to all interested parties of any \n date on which such a review will be conducted.\n ``(c) Contribution Authority.--To the extent and in the amounts \nprovided in advance in appropriations Acts, the United States Governor \nof the Bank may contribute to the Fund $1,250,000,000.\n ``(d) Limitations on Authorization of Appropriations.--\n ``(1) In general.--For the contribution authorized by \n subsection (c), there are authorized to be appropriated for \n payment to the Secretary of the Treasury $250,000,000 for each \n fiscal year beginning with the fiscal year in which the \n resolution described in subsection (a) is adopted.\n ``(2) Additional authorities.--Amounts appropriated \n pursuant to paragraph (1)--\n ``(A) are authorized to remain available until \n expended; and\n ``(B) are in addition to amounts otherwise \n available for such purposes.\n ``(3) Funding limitation.--Not more than 7 percent of the \n amounts appropriated pursuant to paragraph (1) for a fiscal \n year may be used for administrative expenses.''.\n\nSEC. 5. SENSE OF CONGRESS.\n\n It is the sense of Congress that the countries of the Western \nHemisphere should collectively provide assistance equal to the amount \nof United States bilateral assistance provided under chapter 13 of part \nI of the Foreign Assistance Act of 1961 (as added by section 3(a) of \nthis Act) and multilateral assistance provided by the Social Investment \nand Economic Development Fund for the Americas under section 39 of the \nInter-American Development Bank Act (as added by section 4 of this Act) \nfor the same purpose for which such assistance was provided.","summary":"Social Investment and Economic Development Fund for the Americas Act of 2003 - Sets forth the policy of the United States to: (1) promote market-based principles, economic integration, social development, and trade in and between countries of the Americas. And (2) establish an investment fund for the Western Hemisphere to advance the national interests of the United States, improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas. Amends the Foreign Assistance Act of 1961 to require the President to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by: (1) nurturing public-private partnerships and microenterprise development. (2) improving the quality of life and investing in human capital. (3) strengthening the rule of law through improved efficiency and transparency in government services. And (4) reducing poverty and eliminating the exclusion of marginalized populations. Establishes a technical review committee to review the projects proposed for assistance and to make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. Amends the Inter-American Development Bank Act to require the Secretary of the Treasury to instruct the US Executive Director at the Bank to urge the Bank to establish an account to be operated and administered consistent with the above guidelines. Establishes a technical review committee in the same manner as discussed above. Expresses the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of US bilateral and multilateral assistance provided.","title":"To authorize the establishment of a Social Investment and Economic Development Fund for the Americas to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere, and for other purposes.","text_len":17451,"sum_len":1961} {"bill_id":"103_s264","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technology for the Classroom Act of \n1993''.\n\nSEC. 2. PURPOSE.\n\n It is the purpose of this Act to establish a program to develop and \nexpand the use of high quality curriculum-based learning resources \nusing state-of-the-art technologies and techniques which are or can be \ndesigned to increase the achievement levels of students in subject \nareas including mathematics, science, geography, history and language \narts.\n\nSEC. 3. ACHIEVEMENT GRANTS.\n\n (a) Competitive Grants.--\n (1) In general.--The Secretary shall award grants, on a \n competitive basis, to eligible consortia to enable such \n eligible consortia to develop instructional programs or \n technology-based systems for complete courses or units of study \n for a specific subject and grade level, if such programs or \n systems are commercially unavailable in the local area served \n by such eligible consortia.\n (2) Eligible consortium.--For the purpose of this section \n the term ``eligible consortium'' means a consortium consisting \n of--\n (A) State or local educational agencies in \n partnership with businesses; and\n (B) institutions of higher education or other \n public or private nonprofit organizations.\n (b) Priority.--In awarding grants under this section, the Secretary \nshall give priority to applications describing programs or systems that \nare developed--\n (1) so that the program or system may be adapted and \n applied nationally; and\n (2) to raise the achievement levels of students, \n particularly disadvantaged students who are not realizing their \n potential.\n (c) Duration and Amount.--Each grant made under this section shall \nbe awarded for a period not to exceed 3 years and in an amount not to \nexceed $3,000,000.\n (d) Matching Requirement.--The Secretary may not make a grant to an \neligible consortium under subsection (a) unless the eligible consortium \nagrees that, with respect to the costs to be incurred by the eligible \nconsortium in carrying out the program or system for which the grant \nwas awarded, the eligible consortium will make available (from private \nsources) non-Federal contributions in an amount not less than 25 \npercent of the Federal funds provided under the grant.\n (e) Application.--\n (1) In general.--Each consortium desiring a grant under \n this section shall submit an application to the Secretary at \n such time, in such manner, and accompanied by such information \n as the Secretary may prescribe.\n (2) Contents.--Each application submitted pursuant to \n paragraph (1) shall include--\n (A) a description of how the program or system \n shall improve the achievement levels of students;\n (B) a description of how teachers associated with \n the program or system will be trained to integrate \n technology into the classroom; and\n (C) an assurance that the program or system shall \n effectively serve a large number or percentage of \n economically disadvantaged students.\n (f) Criteria for Awarding Grants.--In awarding a grant under this \nsection to develop a program or system, the Secretary shall consider \nthe appropriateness and quality of the following elements of the \nprogram or system:\n (1) Identification of specific learning objectives and \n strategies of the proposed course or unit of study, that take \n into consideration the national education standards for various \n disciplines as such standards are developed.\n (2) Incorporation in creative ways of a variety of \n technology-based learning resources such as computer software, \n databases, films, transparencies, video and audio discs, \n telecommunications (including educational radio and \n television), and print materials.\n (3) Design that allows tailoring of the program or system \n to meet individual needs of students, particularly students at \n greatest risk of not reaching their educational potential.\n (4) Flexibility of use by teachers or local schools.\n (5) Methods for updating or revising information and \n material.\n (6) Programs or materials to train and guide teachers.\n (7) Coordination with teacher training programs.\n (8) Explanatory materials for students and parents.\n (9) Field testing and evaluation in terms of stated \n learning objectives.\n (10) Plans for pricing technology-based materials that are \n affordable for public schools and agencies.\n (11) Plans for distribution that ensure access for the \n poorest schools and school districts.\n (12) Demonstration of cost-effectiveness in relation to \n existing programs and to achieving stated learning objectives.\n\nSEC. 4. GRANTS TO STATES TO IMPROVE ACCESS TO TECHNOLOGY.\n\n (a) Grants Authorized.--\n (1) In general.--The Secretary is authorized to award \n grants to States to enable States to carry out the activities \n described in the plan submitted pursuant to subsection (c).\n (2) Amount of grant.--(A) Except as provided in \n subparagraph (B), the Secretary shall award grants under this \n section to each State having a plan approved under subsection \n (c) in an amount which bears the same relationship to the \n amount reserved to carry out this section under section 9 as \n the amount such State received under chapter 1 of title I of \n the Elementary and Secondary Education Act of 1965 bears to the \n amount received under such chapter by all States.\n (B) No State shall receive a grant pursuant to subparagraph \n (A) in an amount which is less than $100,000.\n (b) Use of Grant.--Grants awarded under this section shall be used \nto--\n (1) identify schools or school districts which have a large \n number of educationally disadvantaged students and limited \n access to technology-based learning resources; and\n (2) develop jointly, with local education agencies or \n individual schools, strategies to improve the accessibility and \n use of technology-based learning resources, including specific \n plans for--\n (A) training of teachers and school personnel;\n (B) acquisition of hardware or software, if such \n acquisition presents a major barrier for accessibility \n to participation in the activities assisted under this \n section; and\n (C) partnership arrangements with businesses, \n institutions of higher education, or other public or \n private nonprofit organizations.\n (c) Plan.--\n (1) In general.--Each State desiring a grant under this \n section shall submit to the Secretary a plan at such time, in \n such manner and accompanied by such information as the \n Secretary may reasonably require.\n (2) Contents.--Each plan submitted pursuant to paragraph \n (1) shall--\n (A) describe the activities and services for which \n assistance is sought;\n (B) indicate how such State shall identify schools \n in need of the assistance provided under this section;\n (C) include a strategy for providing such \n assistance; and\n (D) contain assurances that such grant funds shall \n be focused on schools with a large percentage of \n educationally disadvantaged students.\n\nSEC. 5. FEDERAL INTERAGENCY COORDINATION.\n\n The Secretary shall coordinate and share information regarding \ncurriculum-based educational technology programs assisted under this \nAct with other Federal agencies which administer programs that support \nthe development of such programs, including the National Science \nFoundation, the Department of Defense, the Office of Technology \nAssessment, the Department of Energy, and the Department of \nAgriculture.\n\nSEC. 6. CONSUMER REPORT.\n\n The Secretary shall collect information about products developed \npursuant to provisions of this Act and the evaluation of such products, \nand shall disseminate such information in regular reports to State and \nlocal educational agencies, and other organizations or individuals as \nthe Secretary determines to be appropriate.\n\nSEC. 7. ROYALTIES.\n\n Notwithstanding any other provision of law, any royalties paid to \nany State or local educational agency as a result of assistance \nprovided under this Act shall be used by such agency for further \ndevelopment of curriculum-based learning resources authorized by this \nAct.\n\nSEC. 8. DEFINITIONS.\n\n As used in this Act--\n (1) the terms ``institution of higher education'' and \n ``local educational agency'' have the same meanings given such \n terms by subsections (a) and (g), respectively, of section 1201 \n of the Higher Education Act of 1965 (20 U.S.C. 1141); and\n (2) the term ``Secretary'', unless otherwise specified, \n means the Secretary of Education.\n\nSEC. 9. AUTHORIZATION OF FUNDS.\n\n For the purpose of carrying out this Act, there are authorized to \nbe appropriated $90,000,000 for the fiscal year 1994 and such sums as \nmay be necessary for each of the 4 succeeding fiscal years, of which--\n (1) 50 percent of such funds shall be available in each \n such fiscal year to award grants pursuant to section 3; and\n (2) 50 percent of such funds shall be available in each \n such fiscal year to award grants pursuant to section 4.","summary":"Technology for the Classroom Act of 1993 - Directs the Secretary of Education to award competitive grants to eligible consortia to develop instructional programs and technology-based systems for complete courses or units of study for a specific subject and grade level, if these are commercially unavailable locally. Requires that an eligible consortium consist of: (1) State or local educational agencies in partnership with businesses. And (2) institutions of higher education or other public or private nonprofit organizations. Requires priority to be given to applications describing programs that are developed: (1) so that the program may be adapted and applied nationally. And (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. Authorizes the Secretary to award grants to: (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources. And (2) develop jointly, with local educational agencies or individual schools, strategies to improve accessibility and use of technology-based learning resources, including specific plans for teacher and school personnel training, hardware or software acquisition , and partnership arrangements with businesses, institutions of higher education, and other public or private nonprofit organizations. Sets forth State plan requirements. Directs the Secretary to: (1) coordinate and share information regarding these curriculum-based educational technology programs with other Federal agencies. And (2) collect and disseminate information about such developed products and their evaluation. Requires that any royalties paid to any State or local educational agency as a result of assistance provided under this Act be used for further development of curriculum-based learning resources authorized by this Act. Authorizes appropriations.","title":"Technology for the Classroom Act of 1993","text_len":10083,"sum_len":1953} {"bill_id":"113_hr5460","text":"SECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Medicare Ambulance \nAccess, Fraud Prevention, and Reform Act of 2014''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title.\nSec. 2. Reform to the Medicare ambulance fee schedule.\nSec. 3. Prior authorization for ambulance transports of ESRD \n beneficiaries.\nSec. 4. Requiring ambulance providers to submit cost and other \n information.\n\nSEC. 2. REFORM TO THE MEDICARE AMBULANCE FEE SCHEDULE.\n\n (a) In General.--Section 1834(l) of the Social Security Act (42 \nU.S.C. 1395m(l)) is amended by adding the following new paragraphs:\n ``(16) Increase in conversion factor for ground ambulance \n services.--In the case of ground ambulance services furnished \n on or after April 1, 2015, for purposes of determining the fee \n schedule amount for such services under this subsection, the \n conversion factor otherwise applicable to such services shall \n be increased by--\n ``(A) with respect to ground ambulance services for \n which the transportation originates in a qualified \n rural area, as identified using the methodology \n described in paragraph (12)(B)(iii), 25.6 percent;\n ``(B) with respect to ground ambulance services not \n described in subparagraph (A) and for which the \n transportation originates in a rural area described \n under paragraph (9) or in a rural census tract \n described in such paragraph, 3 percent; and\n ``(C) with respect to ground ambulance services not \n described in subparagraph (A) or (B), 2 percent.\n ``(17) Increase in mileage rate for ground ambulance \n services.--In the case of ground ambulance services furnished \n on or after April 1, 2015, for purposes of determining the fee \n schedule amount for such services under this subsection, the \n payment rate for mileage otherwise applicable to such services \n shall be increased by--\n ``(A) with respect to ground ambulance services for \n which the transportation originates in a qualified \n rural area, as identified using the methodology \n described in paragraph (12)(B)(iii), 3 percent;\n ``(B) with respect to ground ambulance services for \n which the transportation originates in a rural area \n described under paragraph (9) or in a rural census \n tract described in such paragraph, 3 percent; and\n ``(C) with respect to ground ambulance services not \n described in subparagraph (A) or (B), 2 percent.''.\n (b) Study and Report.--\n (1) Study.--The Secretary of Health and Human Services \n shall conduct a study on how the conversion factor applicable \n to ground ambulance services under the ambulance fee schedule \n under section 1834(l) of the Social Security Act (42 U.S.C. \n 1395m(l)), as adjusted under paragraph (16) of such section (as \n added by subsection (a)), should be modified, if at all, to \n take into account the cost of providing services in urban, \n rural, and super-rural areas. In determining such costs, the \n Secretary shall use the data collected through the data \n collection system under paragraph (18) of such section, as \n added by section 4.\n (2) Report.--Not later than January 1, 2019, the Secretary \n of Health and Human Services shall submit to Congress a report \n on the study conducted under paragraph (1), together with \n recommendations for such legislation and administrative action \n as the Secretary determines appropriate.\n\nSEC. 3. PRIOR AUTHORIZATION FOR AMBULANCE TRANSPORTS OF ESRD \n BENEFICIARIES.\n\n (a) In General.--Section 1834(l) of the Social Security Act (42 \nU.S.C. 1395m(l)), as amended by section 2, is amended by adding at the \nend the following new paragraph:\n ``(18) Prior authorization of coverage for ambulance \n transports of esrd beneficiaries.--\n ``(A) Process.--\n ``(i) In general.--For applicable ESRD \n ambulance services furnished on or after \n January 1, 2016, by an ambulance provider, the \n Secretary shall establish and implement a \n process under which the Secretary shall \n determine, in advance of furnishing such a \n service to an individual, whether payment for \n such service may not be made because such \n service is not covered or because of the \n application of section 1862(a)(1).\n ``(ii) Denial of payment.--Subject to \n subparagraph (B)(ii)(II), no payment shall be \n made under this part for the service unless the \n Secretary determines pursuant to such process \n that the service meets the applicable \n requirements for coverage.\n ``(B) Elements of process.--The process described \n in subparagraph (A) shall include the following \n elements:\n ``(i) In order to obtain a prior \n authorization, the ambulance provider shall \n submit--\n ``(I) a valid physician \n certification statement (PCS) for non-\n emergency ambulance transport; and\n ``(II) any other documentation \n determined appropriate by the \n Secretary.\n ``(ii)(I) The Secretary shall respond to a \n prior authorization request within 7 business \n days of receiving the request.\n ``(II) If the Secretary does not make a \n prior authorization determination within 7 \n business days of the date of the Secretary's \n receipt of medical documentation needed to make \n such determination, subparagraph (A)(ii) shall \n not apply.\n ``(iii) In making the determination under \n subparagraph (A) with respect to a service and \n individual, the Secretary shall evaluate the \n medical necessity of the service by \n determining--\n ``(I) whether the individual is \n unable to get up from bed without \n assistance, unable to ambulate, and \n unable to sit in a chair or wheelchair;\n ``(II) whether the individual has a \n medical condition that, regardless of \n bed confinement, is such that transport \n by ambulance is medically necessary; or\n ``(III) whether the individual \n meets other criteria as determined \n appropriate by the Secretary.\n ``(iv) If the prior authorization request \n is approved, such request shall be retroactive \n to the date on which such request was received.\n ``(v) An approved prior authorization shall \n be valid for a 60-day period. The Secretary may \n provide for an extension of such period if the \n Secretary determines such an extension is \n appropriate.\n ``(vi) An approved prior authorization \n shall be deemed to constitute medical necessity \n but shall not eliminate the documentation \n requirements necessary to support a claim for \n the transport.\n ``(vii) Other elements determined \n appropriate by the Secretary.\n ``(C) Reliance upon contractors.--The Secretary may \n rely upon contractors to implement the requirements of \n this paragraph. The contractor's compensation shall be \n limited to a demonstration that it has reduced the \n number of non-emergency basic life support services \n involving individuals with end-stage renal disease for \n renal dialysis services (as described in section \n 1881(b)(14)(B)) furnished other than on an emergency \n basis.\n ``(D) Applicable esrd ambulance services.--In this \n paragraph, the term `applicable ESRD ambulance \n services' means ambulance services consisting of non-\n emergency basic life support services involving \n transport of an individual with end-stage renal disease \n for renal dialysis services (as described in section \n 1881(b)(14)(B)) furnished other than on an emergency \n basis.\n ``(E) Ambulance provider.--In this paragraph, the \n term `ambulance provider' means a provider of services \n (as defined in section 1861(u)) or other entity that \n furnishes ambulance services under this title.\n ``(F) Implementation.--\n ``(i) In general.--Subject to clause (ii), \n the Secretary may carry out this paragraph \n through program instruction or otherwise.\n ``(ii) Sufficient notice to prepare.--Not \n later than June 30, 2015, the Secretary shall \n make the aspects of the process under this \n paragraph available to the public.''.\n (b) Conforming Amendments.--Section 1834(l) of the Social Security \nAct (42 U.S.C. 1395m(l)) is amended--\n (1) in paragraph (1), by striking ``a supplier or provider \n or under arrangement with a provider'' and inserting ``an \n ambulance provider (as defined in paragraph (18)(E)) or under \n arrangement with an ambulance provider'';\n (2) in paragraph (8), in the matter following subparagraph \n (B), by striking ``provider or supplier of ambulance services'' \n and inserting ``ambulance provider (as defined in paragraph \n (18)(E))'';\n (3) in paragraph (9), in the heading, by inserting \n ``ambulance'' after ``rural'';\n (4) in paragraph (12), in the heading, by inserting \n ``ambulance'' after ``rural''; and\n (5) in each of subparagraphs (B)(ii) and (D)(ii) of \n paragraph (14), by striking ``entity'' and inserting \n ``ambulance provider (as defined in paragraph (18)(E))''.\n\nSEC. 4. REQUIRING AMBULANCE PROVIDERS TO SUBMIT COST AND OTHER \n INFORMATION.\n\n Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as \namended by section 3, is amended by adding at the end the following new \nparagraph:\n ``(19) Submission of cost and other information.--\n ``(A) Development of data collection system.--The \n Secretary shall develop a data collection system (which \n may include use of a cost survey and standardized \n definitions) for providers and suppliers of ambulance \n services to collect cost, revenue, utilization, and \n other information determined appropriate by the \n Secretary. Such system shall be designed to submit \n information--\n ``(i) needed to evaluate the \n appropriateness of payment rates under this \n subsection;\n ``(ii) on the utilization of capital \n equipment and ambulance capacity; and\n ``(iii) on different types of ambulance \n services furnished in different geographic \n locations, including rural areas and low \n population density areas described in paragraph \n (12).\n ``(B) Specification of data collection system.--\n ``(i) In general.--Not later than July 1, \n 2015, the Secretary shall--\n ``(I) specify the data collection \n system under subparagraph (A) and the \n time period during which such data is \n required to be submitted; and\n ``(II) identify the providers and \n suppliers of ambulance services who \n would be required to submit the \n information under such data collection \n system.\n ``(ii) Respondents.--Subject to \n subparagraph (D)(ii), the Secretary shall \n determine an appropriate sample of providers \n and suppliers of ambulance services to submit \n information under the data collection system \n for each period for which reporting of data is \n required.\n ``(C) Penalty for failure to report cost and other \n information.--Beginning on July 1, 2016, a 5-percent \n reduction to payments under this part shall be made for \n a 1-year prospective period specified by the Secretary \n to a provider or supplier of ambulance services who--\n ``(i) is identified under subparagraph \n (B)(i)(II) as being required to submit the \n information under the data collection system; \n and\n ``(ii) does not submit such information \n during the period specified under subparagraph \n (B)(i)(I).\n ``(D) Ongoing data collection.--\n ``(i) Revision of data collection system.--\n The Secretary may, as determined appropriate, \n periodically revise the data collection system.\n ``(ii) Subsequent data collection.--In \n order to continue to evaluate the \n appropriateness of payment rates under this \n subsection, the Secretary shall, for years \n after 2016 (but not less often than once every \n 3 years), require providers and suppliers of \n ambulance services to submit information for a \n period the Secretary determines appropriate. \n The penalty described in subparagraph (C) shall \n apply to such subsequent data collection \n periods.\n ``(E) Consultation.--The Secretary shall consult \n with stakeholders in carrying out the development of \n the system and collection of information under this \n paragraph, including the activities described in \n subparagraphs (A) and (D). Such consultation shall \n include the use of requests for information and other \n mechanisms determined appropriate by the Secretary.\n ``(F) Administration.--Chapter 35 of title 44, \n United States Code, shall not apply to the collection \n of information required under this subsection.\n ``(G) Limitations on review.--There shall be no \n administrative or judicial review under section 1869, \n section 1878, or otherwise of the data collection \n system or identification of respondents under this \n paragraph.\n ``(H) Funding for implementation.--For purposes of \n carrying out subparagraph (A), the Secretary shall \n provide for the transfer, from the Federal \n Supplementary Medical Insurance Trust Fund under \n section 1841, of $1,000,000 to the Centers for Medicare \n & Medicaid Services Program Management Account for \n fiscal year 2015. Amounts transferred under this \n subparagraph shall remain available until expended.''.","summary":"Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014 - Amends part B of title XVIII (Medicare) of the Social Security Act with respect to the ambulance fee schedule to: (1) increase the conversion factor for ground ambulance services in the formula for determining the appropriate fee, and (2) increase the mileage rate for such services. Directs the Secretary of Health and Human Services (HHS) to study how the conversion factor should be modified, if at all, to take into account the cost of providing ambulance services in urban, rural, and super-rural areas. Directs the Secretary to establish a process to determine, in advance of furnishing end stage renal disease (ESRD) ambulance services, whether payment for them may not be made because they are not covered or because they are excluded from coverage. Prohibits any payment unless the Secretary determines, pursuant to this process, that the service meets coverage requirements. Directs the Secretary to develop a data collection system for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other appropriate information.","title":"Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014","text_len":17629,"sum_len":1136} {"bill_id":"113_hr259","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.\n\n (a) Short Title.--This Act may be cited as the ``Energy Freedom and \nEconomic Prosperity Act''.\n (b) Reference to 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n (c) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents; etc.\n TITLE I--REPEAL OF ENERGY TAX SUBSIDIES\n\nSec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative \n fuel mixtures.\nSec. 102. Early termination of credit for qualified fuel cell motor \n vehicles.\nSec. 103. Early termination of new qualified plug-in electric drive \n motor vehicles.\nSec. 104. Repeal of alternative fuel vehicle refueling property credit.\nSec. 105. Repeal of credit for alcohol used as fuel.\nSec. 106. Repeal of credit for biodiesel and renewable diesel used as \n fuel.\nSec. 107. Repeal of enhanced oil recovery credit.\nSec. 108. Termination of credit for electricity produced from certain \n renewable resources.\nSec. 109. Repeal of credit for producing oil and gas from marginal \n wells.\nSec. 110. Termination of credit for production from advanced nuclear \n power facilities.\nSec. 111. Repeal of credit for carbon dioxide sequestration.\nSec. 112. Termination of energy credit.\nSec. 113. Repeal of qualifying advanced coal project.\nSec. 114. Repeal of qualifying gasification project credit.\n TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE\n\nSec. 201. Corporate income tax rate reduced.\n\n TITLE I--REPEAL OF ENERGY TAX SUBSIDIES\n\nSEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE \n FUEL MIXTURES.\n\n (a) In General.--Section 6426 is repealed.\n (b) Conforming Amendments.--\n (1) Paragraph (1) of section 4101(a) is amended by striking \n ``or alcohol (as defined in section 6426(b)(4)(A)''.\n (2) Paragraph (2) of section 4104(a) is amended by striking \n ``6426, or 6427(e)''.\n (3) Section 6427 is amended by striking subsection (e).\n (4) Subparagraph (E) of section 7704(d)(1) is amended--\n (A) by inserting ``(as in effect on the day before \n the date of the enactment of the Energy Freedom and \n Economic Prosperity Act)'' after ``of section 6426'', \n and\n (B) by inserting ``(as so in effect)'' after \n ``section 6426(b)(4)(A)''.\n (5) Paragraph (1) of section 9503(b) is amended by striking \n the second sentence.\n (c) Clerical Amendment.--The table of sections for subchapter B of \nchapter 65 is amended by striking the item relating to section 6426.\n (d) Effective.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply with respect to \n fuel sold and used after the date of the enactment of this Act.\n (2) Liquefied hydrogen.--In the case of any alternative \n fuel or alternative fuel mixture (as defined in subsection \n (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code \n of 1986 as in effect before its repeal by this Act) involving \n liquefied hydrogen, the amendments made by this section shall \n apply with respect to fuel sold and used after September 30, \n 2014.\n\nSEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR \n VEHICLES.\n\n (a) In General.--Section 30B is repealed.\n (b) Conforming Amendments.--\n (1) Subparagraph (A) of section 24(b)(3) is amended by \n striking ``, 30B''.\n (2) Paragraph (2) of section 25B(g) is amended by striking \n ``, 30B,''.\n (3) Subsection (b) of section 38 is amended by striking \n paragraph (25).\n (4) Subsection (a) of section 1016 is amended by striking \n paragraph (35) and by redesignating paragraphs (36) and (37) as \n paragraphs (35) and (36), respectively.\n (5) Subsection (m) of section 6501 is amended by striking \n ``, 30B(h)(9)''.\n (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 30B.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\nSEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE \n MOTOR VEHICLES.\n\n (a) In General.--Section 30D is repealed.\n (b) Effective Date.--The amendment made by this section shall apply \nto vehicles placed in service after the date of the enactment of this \nAct.\n\nSEC. 104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.\n\n (a) In General.--Section 30C is repealed.\n (b) Conforming Amendments.--\n (1) Subsection (b) of section 38 is amended by striking \n paragraph (26).\n (2) Paragraph (3) of section 55(c) is amended by striking \n ``, 30C(d)(2),''.\n (3) Subsection (a) of section 1016, as amended by section \n 102 of this Act, is amended by striking paragraph (35) and by \n redesignating paragraph (36) as paragraph (35).\n (4) Subsection (m) of section 6501 is amended by striking \n ``, 30C(e)(5)''.\n (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 30C.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.\n\n (a) In General.--Section 40 is repealed.\n (b) Conforming Amendments.--\n (1) Subsection (b) of section 38 is amended by striking \n paragraph (3).\n (2) Subsection (c) of section 196 is amended by striking \n paragraph (3) and by redesignating paragraphs (4) through (14) \n as paragraphs (3) through (13), respectively.\n (3) Paragraph (1) of section 4101(a) is amended by striking \n ``, and every person producing cellulosic biofuel (as defined \n in section 40(b)(6)(E))''.\n (4) Paragraph (1) of section 4104(a) is amended by striking \n ``, 40''.\n (c) Effective Date.--The amendments made by this section shall \napply to fuel sold or used after the date of the enactment of this Act.\n\nSEC. 106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS \n FUEL.\n\n (a) In General.--Section 40A is repealed.\n (b) Conforming Amendment.--\n (1) Subsection (b) of section 38 is amended by striking \n paragraph (17).\n (2) Section 87 is repealed.\n (3) Subsection (c) of section 196, as amended by section \n 105 of this Act, is amended by striking paragraph (11) and by \n redesignating paragraphs (11), (12), and (13) as paragraphs \n (10), (11), and (12), respectively.\n (4) Paragraph (1) of section 4101(a) is amended by striking \n ``, every person producing or importing biodiesel (as defined \n in section 40A(d)(1)''.\n (5) Paragraph (1) of section 4104(a) is amended by striking \n ``, and 40A''.\n (6) Subparagraph (E) of section 7704(d)(1) is amended by \n inserting ``(as so in effect)'' after ``section 40A(d)(1)''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 40A.\n (d) Effective Date.--The amendments made by this section shall \napply to fuel produced, and sold or used, after the date of the \nenactment of this Act.\n\nSEC. 107. REPEAL OF ENHANCED OIL RECOVERY CREDIT.\n\n (a) In General.--Section 43 is repealed.\n (b) Conforming Amendments.--\n (1) Subsection (b) of section 38 is amended by striking \n paragraph (6).\n (2) Paragraph (4) of section 45Q(d) is amended by inserting \n ``(as in effect on the day before the date of the enactment of \n the Energy Freedom and Economic Prosperity Act)'' after \n ``section 43(c)(2)''.\n (3) Subsection (c) of section 196, as amended by sections \n 105 and 106 of this Act, is amended by striking paragraph (5) \n and by redesignating paragraphs (6) through (12) as paragraphs \n (5) through (11), respectively.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 43.\n (d) Effective Date.--The amendments made by this section shall \napply to costs paid or incurred after December 31, 2014.\n\nSEC. 108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN \n RENEWABLE RESOURCES.\n\n (a) Wind.--Subsection (d) of section 45 is amended by striking \n``January 1, 2014'' in paragraph (1) and inserting ``the date of the \nenactment of the Energy Freedom and Economic Prosperity Act''.\n (b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended \nby striking ``8-year period'' each place it appears and inserting ``7-\nyear period''.\n (c) Effective Date.--\n (1) Wind.--The amendment made by subsection (a) shall apply \n to property placed in service after the date of the enactment \n of this Act.\n (2) Indian coal.--The amendments made by subsection (b) \n shall apply to coal produced after December 31, 2012.\n (3) Other qualified energy resources.--For termination of \n other qualified energy resources for property placed in service \n after December 31, 2013, see section 45 of the Internal Revenue \n Code of 1986.\n\nSEC. 109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL \n WELLS.\n\n (a) In General.--Section 45I is repealed.\n (b) Conforming Amendment.--Subsection (b) of section 38 is amended \nby striking paragraph (19).\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 45I.\n (d) Effective Date.--The amendments made by this section shall \napply to production in taxable years beginning after December 31, 2014.\n\nSEC. 110. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR \n POWER FACILITIES.\n\n (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended \nby striking ``January 1, 2021'' and inserting ``January 1, 2015''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\nSEC. 111. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.\n\n (a) In General.--Section 45Q is repealed.\n (b) Effective Date.--The amendment made by this section shall apply \nto carbon dioxide captured after December 31, 2014.\n\nSEC. 112. TERMINATION OF ENERGY CREDIT.\n\n (a) In General.--Section 48 is amended--\n (1) by striking ``January 1, 2017'' each place it appears \n and inserting ``January 1, 2015'', and\n (2) by striking ``December 31, 2016'' each place it appears \n and inserting ``December 31, 2014''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\nSEC. 113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.\n\n (a) In General.--Section 48A is repealed.\n (b) Conforming Amendment.--Section 46 is amended by striking \nparagraph (3) and by redesignating paragraphs (4), (5), and (6) as \nparagraphs (3), (4), and (5), respectively.\n (c) Clerical Amendment.--The table of sections for subpart E of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 48A.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\nSEC. 114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.\n\n (a) In General.--Section 48B is repealed.\n (b) Conforming Amendment.--Section 46, as amended by this Act, is \namended by striking paragraph (3) and by redesignating paragraphs (4) \nand (5) as paragraphs (3) and (4), respectively.\n (c) Clerical Amendment.--The table of sections for subpart E of \npart IV of subchapter A of chapter 1 is amended by striking the item \nrelating to section 48B.\n (d) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.\n\n TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE\n\nSEC. 201. CORPORATE INCOME TAX RATE REDUCED.\n\n (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of the Treasury shall prescribe a \nrate of tax in lieu of the rates under paragraphs (1) and (2) of \nsection 11(b), section 1201(a), and paragraphs (1), (2), and (6) of \nsection 1445(e) to such a flat rate as the Secretary estimates would \nresult in--\n (1) a decrease in revenue to the Treasury for taxable years \n beginning during the 10-year period beginning on the date of \n the enactment of this Act, equal to\n (2) the increase in revenue for such taxable years by \n reason of the amendments made by title I of this Act.\n (b) Effective Date.--The rate prescribed by the Secretary under \nsubsection (a) shall apply to taxable years beginning more than 1 year \nafter the date of the enactment of this Act.","summary":"Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures. (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles, (3) the alternative fuel vehicle refueling property tax credit. (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel. (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells. (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities, (7) the tax credit for carbon dioxide sequestration, (8) the energy tax credit. And (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act.","title":"Energy Freedom and Economic Prosperity Act","text_len":13958,"sum_len":1096} {"bill_id":"113_hr2428","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthen And Fortify Existing \nBridges Act of 2013'' or the ``SAFE Bridges Act of 2013''.\n\nSEC. 2. ASSISTANCE TO STATES TO REHABILITATE OR REPLACE CERTAIN \n BRIDGES.\n\n (a) Establishment.--Not later than 30 days after the date of \nenactment of this Act, the Secretary of Transportation shall establish \na program to assist States to rehabilitate or replace eligible bridges.\n (b) Apportionment of Funds.--\n (1) In general.--Amounts made available to carry out the \n program established under subsection (a) for a fiscal year \n shall be apportioned to each State according to the ratio \n that--\n (A) the total cost to rehabilitate or replace \n structurally deficient and functionally obsolete \n bridges in that State; bears to\n (B) the total cost to rehabilitate or replace \n structurally deficient and functionally obsolete \n bridges in all States.\n (2) Calculation of total cost.--\n (A) Categories of bridges.--The Secretary shall \n place each structurally deficient or functionally \n obsolete bridge into one of the following categories:\n (i) Federal-aid highway bridges eligible \n for rehabilitation.\n (ii) Federal-aid highway bridges eligible \n for replacement.\n (iii) Bridges not on Federal-aid highways \n eligible for rehabilitation.\n (iv) Bridges not on Federal-aid highways \n eligible for replacement.\n (B) Calculation.--For purposes of the calculation \n required under paragraph (1), the Secretary shall \n multiply the deck area of structurally deficient and \n functionally obsolete bridges in each category \n described in subparagraph (A) by the respective unit \n price on a State-by-State basis, as determined by the \n Secretary, to determine the total cost to rehabilitate \n or replace bridges in each State.\n (C) Data used in making determinations.--The \n Secretary shall make determinations under this \n subsection based on the latest available data, which \n shall be updated not less than annually.\n (D) Use of existing inventories.--To the extent \n practicable, the Secretary shall make determinations \n under this subsection using inventories prepared under \n section 144 of title 23, United States Code.\n (c) Use of Funds.--Funds apportioned to a State under the program \nestablished under subsection (a) shall--\n (1) be used by that State for the rehabilitation and \n replacement of eligible bridges;\n (2) except as otherwise specified in this section, be \n administered as if apportioned under chapter 1 of title 23, \n United States Code, except that such funds shall not be \n transferable;\n (3) be subject to the requirements described in section \n 1101(b) of MAP-21 in the same manner as amounts made available \n for programs under divisions A and B of that Act; and\n (4) not be subject to any limitation on obligations for \n Federal-aid highways or highway safety construction programs \n set forth in any Act.\n (d) Condition at Project Completion.--A bridge that is \nrehabilitated or replaced under the program established under \nsubsection (a) may not be structurally deficient, functionally \nobsolete, or fracture critical upon the completion of such \nrehabilitation or replacement.\n (e) Federal Share.--The Federal share of the cost of a project \ncarried out with funds apportioned to a State under the program \nestablished under subsection (a) shall be 100 percent.\n (f) Reapportionment of Unobligated Funds.--Any funds apportioned to \na State under the program established under subsection (a) and not \nobligated by that State at the end of the third fiscal year beginning \nafter the fiscal year during which the funds were apportioned shall be \nwithdrawn from that State and reapportioned by the Secretary to States \nthat have not had funds withdrawn under this subsection in accordance \nwith the formula specified in subsection (b).\n (g) Nonsubstitution.--In carrying out the program established under \nsubsection (a), the Secretary shall ensure that funding made available \nto a State under the program supplements, and does not supplant--\n (1) other Federal funding made available for the \n rehabilitation or replacement of eligible bridges; and\n (2) the planned obligations of that State with respect to \n eligible bridges.\n (h) Report.--Not later than 1 year after the date of enactment of \nthis Act, and each year thereafter if States obligated funds \napportioned under the program established under subsection (a) during \nthat year, the Secretary shall submit to the Committee on \nTransportation and Infrastructure of the House of Representatives and \nthe Committee on Environment and Public Works of the Senate a report \nthat describes the amounts obligated by each State for projects under \nsuch program.\n (i) Definitions.--In this section, the following definitions apply:\n (1) Bridge.--The term ``bridge'' means a bridge on a public \n road, without regard to whether the bridge is on a Federal-aid \n highway.\n (2) Eligible bridge.--The term ``eligible bridge'' means a \n bridge that is structurally deficient, functionally obsolete, \n or fracture critical.\n (3) Federal-aid highway.--The term ``Federal-aid highway'' \n has the meaning given that term in section 101(a) of title 23, \n United States Code.\n (4) Fracture critical.--The term ``fracture critical'' \n means, with respect to a bridge, a bridge with a steel member \n in tension, or with a tension element, the failure of which \n would likely cause a portion of the bridge or the entire bridge \n to collapse.\n (5) Functionally obsolete.--The term ``functionally \n obsolete'' means, with respect to a bridge, a bridge that, as \n determined by the Secretary, no longer meets current design \n standards for the traffic demands on the bridge.\n (6) Public road.--The term ``public road'' has the meaning \n given that term in section 101(a) of title 23, United States \n Code.\n (7) Rehabilitation.--The term ``rehabilitation'' means, \n with respect to a bridge, the carrying out of major work \n necessary, as determined by the Secretary--\n (A) to restore the structural integrity of the \n bridge; or\n (B) to correct a major safety defect of the bridge.\n (8) Replacement.--The term ``replacement'' means, with \n respect to a bridge, the construction of a new facility that, \n as determined by the Secretary, is in the same general traffic \n corridor as the replaced bridge.\n (9) State.--The term ``State'' means any of the 50 States \n and the District of Columbia.\n (10) Structurally deficient.--The term ``structurally \n deficient'' means, with respect to a bridge, a bridge that, as \n determined by the Secretary--\n (A) has significant load-carrying elements that are \n in poor or worse condition due to deterioration, \n damage, or both;\n (B) has a load capacity that is significantly below \n current truckloads and that requires replacement; or\n (C) has a waterway opening causing frequent \n flooding of the bridge deck and approaches resulting in \n significant traffic interruptions.\n (j) Authorization of Appropriations.--There is authorized to be \nappropriated to the Secretary to carry out this section $2,750,000,000 \nfor each of fiscal years 2013 and 2014. Such sums shall remain \navailable until expended.","summary":"Strengthen And Fortify Existing Bridges Act of 2013 or SAFE Bridges Act of 2013 - Directs the Secretary of Transportation (DOT) to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient, functionally obsolete, or fracture critical. Requires states to use apportioned program funds for projects to rehabilitate and replace such bridges. Sets the federal share of project costs at 100.","title":"SAFE Bridges Act of 2013","text_len":8443,"sum_len":435} {"bill_id":"110_s1437","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Civil Rights Act of 1964 \nCommemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) on December 1, 1955, Rosa Parks' brave act of defiance, \n refusing to give up her seat to a white person on a segregated \n bus in Montgomery, Alabama, galvanized the modern civil rights \n movement and led to the desegregation of the South;\n (2) on February 1, 1960, 4 college students, Joseph McNeil, \n Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to \n be served at a lunch counter in Greensboro, North Carolina, and \n lunch counter sit-ins began to occur throughout the South to \n challenge segregation in places of public accommodation;\n (3) on May 4, 1961, the Freedom Rides into the South began \n to test new court orders barring segregation in interstate \n transportation, and riders were jailed and beaten by mobs in \n several places, including Birmingham and Montgomery, Alabama;\n (4) Dr. Martin Luther King, Jr., was the leading civil \n rights advocate of the time, spearheading the civil rights \n movement in the United States during the 1950s and 1960s with \n the goal of nonviolent social change and full civil rights for \n African Americans;\n (5) on August 28, 1963, Dr. Martin Luther King, Jr., led \n over 250,000 civil rights supporters in the March on Washington \n and delivered his famous ``I Have A Dream'' speech to raise \n awareness and support for civil rights legislation;\n (6) Mrs. Coretta Scott King, a leading participant in the \n American civil rights movement, was side-by-side with her \n husband, Dr. Martin Luther King, Jr., during many civil rights \n marches, organized Freedom Concerts to draw attention to the \n Movement, and worked in her own right to create an America in \n which all people have equal rights;\n (7) the mass movement sparked by Rosa Parks and led by Dr. \n Martin Luther King, Jr., among others, called upon the Congress \n and Presidents John F. Kennedy and Lyndon B. Johnson to pass \n civil rights legislation which culminated in the enactment of \n the Civil Rights Act of 1964;\n (8) the Civil Rights Act of 1964 greatly expanded civil \n rights protections, outlawing racial discrimination and \n segregation in public places and places of public \n accommodation, in federally funded programs and employment and \n encouraging desegregation in public schools, and has served as \n a model for subsequent anti-discrimination laws;\n (9) we are an eminently better Nation because of Rosa \n Parks, Dr. Martin Luther King, Jr., and all those men and women \n who have confronted, and continue to confront, injustice and \n inequality wherever they see it;\n (10) equality in education was one of the cornerstones of \n the civil rights movement;\n (11) on September 10, 1961, Dr. Martin Luther King, Jr., \n wrote that African American ``students are coming to understand \n that education and learning have become tools for shaping the \n future and not devices of privilege for an exclusive few'';\n (12) over its long and distinguished history, the United \n Negro College Fund has provided scholarships and operating \n funds to its member colleges that have enabled more than \n 300,000 young African Americans to earn college degrees and \n become successful members of society;\n (13) those graduates include Dr. Martin Luther King, Jr., \n as well as leaders in the fields of education, science, \n medicine, law, entertainment, literature, the military, and \n politics who have made major contributions to the civil rights \n movement and the creation of a more equitable society;\n (14) Congress has an obligation to lead America's continued \n struggle to fight discrimination and ensure equal rights for \n all; and\n (15) the year 2014 will mark the semicentennial of the \n passage of the Civil Rights Act of 1964.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n (a) Denominations.--The Secretary of the Treasury (in this Act \nreferred to as the ``Secretary'') shall mint and issue not more than \n350,000 $1 coins, each of which shall--\n (1) weigh 26.73 grams;\n (2) have a diameter of 1.500 inches; and\n (3) contain 90 percent silver and 10 percent copper.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5136 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--The design of the coins minted under this \nAct shall be emblematic of the enactment of the Civil Rights Act of \n1964 and its contribution to civil rights in America.\n (b) Designation and Inscriptions.--On each coin minted under this \nAct there shall be--\n (1) a designation of the value of the coin;\n (2) an inscription of the year ``2014''; and\n (3) inscriptions of the words ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus Unum''.\n (c) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts; and\n (2) reviewed by the Citizens Coinage Advisory Committee \n established under section 5135 of title 31, United States Code.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Commencement of Issuance.--The Secretary may issue coins minted \nunder this Act beginning January 1, 2014, except that the Secretary may \ninitiate sales of such coins, without issuance, before such date.\n (c) Termination of Minting Authority.--No coins shall be minted \nunder this Act after December 31, 2014.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--Notwithstanding any other provision of law, the \ncoins issued under this Act shall be sold by the Secretary at a price \nequal to the sum of the face value of the coins, the surcharge required \nunder section 7(a) for the coins, and the cost of designing and issuing \nsuch coins (including labor, materials, dies, use of machinery, \noverhead expenses, and marketing).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders at a Discount.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Sale prices with respect to prepaid orders \n under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n (a) Surcharge Required.--All sales shall include a surcharge of $10 \nper coin.\n (b) Distribution.--Subject to section 5134(f) of title 31, United \nStates Code, all surcharges which are received by the Secretary from \nthe sale of coins issued under this Act shall be promptly paid by the \nSecretary to the United Negro College Fund (UNCF) to carry out the \npurposes of the Fund, including providing scholarships and internships \nfor minority students and operating funds and technology enhancement \nservices for 39 member historically black colleges and universities.\n (c) Audits.--The United Negro College Fund shall be subject to the \naudit requirements of section 5134(f)(2) of title 31, United States \nCode, with regard to the amounts received by the Fund under subsection \n(b).","summary":"Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund.","title":"A bill to require the Secretary of the Treasury to mint coins in commemoration of the semicentennial of the enactment of the Civil Rights Act of 1964.","text_len":8037,"sum_len":381} {"bill_id":"103_s1785","text":"SECTION 1. AMENDMENT OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT.\n\n (a) Section 922 of Title 18, United States Code.--Section 922 of \ntitle 18, United States Code, as added by the Brady Handgun Violence \nPrevention Act, is amended--\n (1) in subsection (s)(1) by striking ``ending on the day \n before the date that is 60 months after such date of \n enactment,'' and inserting ``ending either on the day before \n the date that is 48 months after such date of enactment, unless \n the Attorney General extends the date by 12 additional months, \n or on the day that the Attorney General notifies the licensees \n under section 103(e)(1) of the Brady Handgun Violence \n Prevention Act, whichever occurs earlier,''; and\n (2) by amending subsection (t) to read as follows:\n ``(t)(1) Beginning on the date that is 30 days after the Attorney \nGeneral notifies licensees under section 103(e)(1) of the Brady Handgun \nViolence Prevention Act that the national instant criminal background \ncheck system is established, and upon notification by the Attorney \nGeneral to licensees that the system is operational and capable of \nsupplying information immediately (during which 30-day period \nsubsection (s) shall remain in effect), a licensed importer, licensed \nmanufacturer, or licensed dealer shall not transfer a firearm to any \nother person who is not licensed under this chapter, unless--\n ``(A) before the completion of the transfer, the licensee \n contacts the national instant criminal background check system \n established under section 103 of that Act;\n ``(B)(i) the system provides the licensee with a unique \n identification number; or\n ``(ii) 3 business days (meaning a day on which State \n offices are open) have elapsed since the licensee contacted the \n system, and the system has not notified the licensee that the \n receipt of a firearm by such other person would violate \n subsection (g) or (n) of this section or State law; and\n ``(C) the transferor has verified the identity of the \n transferee by examining a valid identification document (as \n defined in section 1028(d)(1) of this title) of the transferee \n containing a photograph of the transferee.\n ``(2) If receipt of a firearm would not violate section 922 (g) or \n(n) or State law, the system shall immediately\n ``(A) assign a unique identification number to the \n transfer;\n ``(B) provide the licensee with the number; and\n ``(C) destroy all records of the system with respect to the \n call (other than the identifying number and the date the number \n was assigned) and all records of the system relating to the \n person or the transfer.\n ``(3) Paragraph (1) shall not apply to a firearm transfer between a \nlicensee and another person if--\n ``(A)(i) such other person has presented to the licensee a \n permit that--\n ``(I) allows such other person to possess, acquire, \n or carry a firearm; and\n ``(II) was issued not more than 5 years earlier by \n the State in which the transfer is to take place; and\n ``(ii) the law of the State provides that such a permit is \n to be issued only after an authorized government official has \n verified that the information available to such official does \n not indicate that possession of a firearm by such other person \n would be in violation of law;\n ``(B) the Secretary has approved the transfer under section \n 5812 of the Internal Revenue Code of 1986; or\n ``(C) on application of the transferor, the Secretary has \n certified that compliance with paragraph (1)(A) is \n impracticable because--\n ``(i) the ratio of the number of law enforcement \n officers of the State in which the transfer is to occur \n to the number of square miles of land area of the State \n does not exceed 0.0025;\n ``(ii) the business premises of the licensee at \n which the transfer is to occur are extremely remote in \n relation to the chief law enforcement officer (as \n defined in subsection (s)(8)); and\n ``(iii) there is an absence of telecommunications \n facilities in the geographical area in which the \n business premises are located.\n ``(4) If the national instant criminal background check system \nnotifies the licensee that the information available to the system does \nnot demonstrate that the receipt of a firearm by such other person \nwould violate subsection (g) or (n) or State law, and the licensee \ntransfers a firearm to such other person, the licensee shall include in \nthe record of the transfer the unique identification number provided by \nthe system with respect to the transfer.\n ``(5) If the licensee knowingly transfers a firearm to such other \nperson and knowingly fails to comply with paragraph (1) of this \nsubsection with respect to the transfer and, at the time such other \nperson most recently proposed the transfer, the national instant \ncriminal background check system was operating and information was \navailable to the system demonstrating that receipt of a firearm by such \nother person would violate subsection (g) or (n) of this section or \nState law, the Secretary may, after notice and opportunity for a \nhearing, suspend for not more than 6 months or revoke any license \nissued to the licensee under section 923, and may impose on the \nlicensee a civil fine of not more than $5,000.\n ``(6) Neither a local government nor an employee of the Federal \nGovernment or of any State or local government, responsible for \nproviding information to the national instant criminal background check \nsystem shall be liable in an action at law for damages--\n ``(A) for failure to prevent the sale or transfer of a \n firearm to a person whose receipt or possession of the firearm \n is unlawful under this section; or\n ``(B) for preventing such a sale or transfer to a person \n who may lawfully receive or possess a firearm.''.\n (b) National Instant Criminal Background Check System.--Section 103 \nof the Brady Handgun Violence Prevention Act is amended to read as \nfollows:\n\n``SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.\n\n ``(a) Determination of Timetables.--Not later than 6 months after \nthe date of enactment of this Act, the Attorney General shall--\n ``(1) determine the type of computer hardware and software \n that will be used to operate the national instant criminal \n background check system and the means by which State criminal \n records systems and the telephone or electric device of \n licensees that will communicate with the national system;\n ``(2) investigate the criminal records system of each State \n and determine for each State a timetable by which the State \n should be able to provide criminal records on an on-line \n capacity basis to the national system; and\n ``(3) notify each State of the determinations made pursuant \n to paragraphs (1) and (2).\n ``(b) Establishment of System.--\n ``(1) Determinations.--Not later than the date that is 24 \n months after the date of enactment of this Act, the Attorney \n General shall--\n ``(A) determine whether--\n ``(i) the equipment used to link State \n criminal history records systems to the \n national criminal history records system and \n the equipment necessary to operate the national \n instant criminal background check system are \n operational; and\n ``(ii) any group of States that--\n ``(I) have at least 80 percent of \n the population of the United States; \n and\n ``(II) have reported during a 12-\n month period at least 80 percent of the \n number of crimes of violence reported \n by all of the States during that \n period,\n have achieved and maintained at an average of \n at least 60 percent currency of felony case \n dispositions in computerized criminal history \n files for all cases in which there has been an \n event or activity within the last 5 years; and\n ``(B) if such determinations are made in the \n affirmative, certify that the national system is \n established.\n ``(2) Establishment.--The Attorney General shall establish \n a national instant criminal background check system that any \n licensee may contact, by telephone and by other electronic \n means in addition to the telephone, for information, to be \n supplied immediately, on whether receipt of a firearm by a \n prospective transferee would violate section 922 of title 18, \n United States Code, or State law.\n ``(c) Expedited Action by the Attorney General.--The Attorney \nGeneral shall expedite--\n ``(1) the upgrading and indexing of State criminal history \n records in the Federal criminal records system maintained by \n the Federal Bureau of Investigation;\n ``(2) the development of hardware and software systems to \n link State criminal history check systems into the national \n instant criminal background check system established by the \n Attorney General pursuant to this section; and\n ``(3) the current revitalization initiatives by the Federal \n Bureau of Investigation for technologically advanced \n fingerprint and criminal records identification.\n ``(d) Notification of Licensees.--\n ``(1) System established.--On establishment of the system \n under this section, the Attorney General shall notify each \n licensee and the chief law enforcement officer of each State of \n the existence and purpose of the system and the means to be \n used to contact the system.\n ``(2) Compliance with timetable.--At any time at which the \n Attorney General determines that a State is in compliance with \n the timetable set for that State under section (a), the \n Attorney General shall notify each licensee in the State and \n the chief law enforcement officer of the State of the \n determination.\n ``(e) Administrative Provisions.--\n ``(1) Authority to obtain official information.--\n Notwithstanding any other law, the Attorney General may secure \n directly from any department or agency of the United States \n such information on persons for whom receipt of a firearm would \n violate subsection (g) or (n) of section 922 of title 18, \n United States Code, or State law as is necessary to enable the \n system to operate in accordance with this section. On request \n of the Attorney General, the head of such department or agency \n shall furnish such information to the system.\n ``(2) Other authority.--The Attorney General shall develop \n such computer software, design and obtain such \n telecommunications and computer hardware, and employ such \n personnel, as are necessary to establish and operate the system \n in accordance with this section.\n ``(f) Written Reasons Provided on Request.--If the national instant \ncriminal background check system determines that an individual is \nineligible to receive a firearm and the individual requests the system \nto provide the reasons for the determination, the system shall provide \nsuch reasons to the individual, in writing, within 5 business days \nafter the date of the request.\n ``(g) Correction of Erroneous System Information.--A prospective \ntransferee may submit to the Attorney General information that to \ncorrect, clarify, or supplement records of the system with respect to \nthe prospective transferee. After receipt of such information, the \nAttorney General shall immediately consider the information, \ninvestigate the matter further, and correct all erroneous Federal \nrecords relating to the prospective transferee and give notice of the \nerror to any Federal department or agency or any State that was the \nsource of such erroneous records.\n ``(h) Regulations.--After 90 days' notice to the public and an \nopportunity for hearing by interested parties, the Attorney General \nshall prescribe regulations to ensure the privacy and security of the \ninformation of the system established under this section.\n ``(i) Prohibition Relating To Establishment of Registration Systems \nWith Respect to Firearms.--No department, agency, officer, or employee \nof the United States may--\n ``(1) require that any record or portion thereof generated \n by the system established under this section be recorded at or \n transferred to a facility owned, managed, or controlled by the \n United States or any State or political subdivision thereof; or\n ``(2) use the system established under this section to \n establish any system for the registration of firearms, firearm \n owners, or firearm transactions or dispositions, except with \n respect to persons, prohibited by section 922 (g) or (n) of \n title 18, United States Code, or State law from receiving a \n firearm.\n ``(j) Definitions.--As used in this section:\n (1) Licensee.--The term ``licensee'' means a licensed \n importer (as defined in section 921(a)(9) of title 18, United \n States Code), a licensed manufacturer (as defined in section \n 921(a)(10) of that title), or a licensed dealer (as defined in \n section 921(a)(11) of that title).\n ``(2) Other terms.--The terms ``firearm'', ``handgun'', \n ``licensed importer'', ``licensed manufacturer'', and \n ``licensed dealer'' have the meanings stated in section 921(a) \n of title 18, United States Code, as amended by subsection \n (a)(2).\n ``(k) Authorization of Appropriations.--There are authorized to be \nappropriated, which may be appropriated from the Violent Crime \nReduction Trust Fund established by section 1115 of title 31, United \nStates Code, such sums as are necessary to enable the Attorney General \nto carry out this section.''.\n (c) Notification of Adjudications of Persons as Mental Defectives \nand Commitments to Mental Institutions.--Section 503(a) of title I of \nthe Omnibus Safe Streets and Crime Control Act of 1968 (42 U.S.C. \n3753(a)) is amended by adding at the end the following new paragraph:\n ``(12) A certification that the State has established a \n plan under which the State will provide to the Department of \n Justice, without fee--\n ``(A) within 30 days after the date on which any \n person in the State is adjudicated as a mental \n defective or committed to a mental institution, notice \n of the adjudication or commitment; and\n ``(B) within 30 days after the date on which the \n Department of Justice requests it, a copy of the \n certified record of the adjudication or commitment.''.","summary":"Amends the Brady Handgun Violence Prevention Act to: (1) shorten to 48 months the period that a five-day waiting period and background check are to be imposed pending establishment of a national instant criminal background check system (system) for handgun transfers. And (2) provide that system check requirements shall not apply until notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately. Makes the latter provision inapplicable to a firearm transfer between a licensee and another person who has presented a firearm permit meeting certain conditions. Directs the Attorney General to: (1) establish the system within 24 months after the enactment of such Act. And (2) notify each licensee in, and the chief law enforcement officer of, a State at any time of a determination that the State is in compliance with the timetable set for that State. Authorizes a prospective transferee to submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. Requires the Attorney General to immediately consider the information, to investigate further, and to correct erroneous information and give notice of the error to any Federal department or agency or any State that was the source of such records. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include among State application requirements for drug control and system improvement grants a certification that the State has established a plan under which the State will provide the Department of Justice with notification of adjudications of persons as mental defectives and of commitments to mental institutions.","title":"A bill to amend the Brady Handgun Violence Prevention Act to establish standards for determining whether the national instant criminal background check system is operational and to amend section 503(a) of title I of the Omnibus Safe Streets and Crime Control Act of 1968 to require a State to certify that the State has established a plan under which the State will provide to the Department of Justice notice of the adjudication of any person as a mental defective or the commitment of any person to a mental institution.","text_len":15971,"sum_len":1735} {"bill_id":"113_s1554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hunt Unrestricted on National \nTreasures Act'' or the ``HUNT Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal public land management agency.--The term \n ``Federal public land management agency'' means any of the \n National Park Service, the United States Fish and Wildlife \n Service, the Forest Service, and the Bureau of Land Management.\n (2) Travel management plan.--The term ``travel management \n plan'' means a plan for the management of travel--\n (A) with respect to land under the jurisdiction of \n the National Park Service, on park roads and designated \n routes under section 4.10 of title 36, Code of Federal \n Regulations (or successor regulations);\n (B) with respect to land under the jurisdiction of \n the United States Fish and Wildlife Service, on the \n land under a comprehensive conservation plan prepared \n under section 4(e) of the National Wildlife Refuge \n System Administration Act of 1966 (16 U.S.C. 668dd(e));\n (C) with respect to land under the jurisdiction of \n the Forest Service, on National Forest System land \n under part 212 of title 36, Code of Federal Regulations \n (or successor regulations); and\n (D) with respect to land under the jurisdiction of \n the Bureau of Land Management, under a resource \n management plan developed under the Federal Land Policy \n and Management Act of 1976 (43 U.S.C. 1701 et seq.).\n\nSEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND.\n\n (a) Report.--Not later than 180 days after the date of enactment of \nthis Act, and annually thereafter, each head of a Federal public land \nmanagement agency shall make available to the public on the website of \nthe Federal public land management agency a report that includes--\n (1) a list of the location and acreage of land more than \n 640 acres in size under the jurisdiction of the Federal public \n land management agency on which the public is allowed, under \n Federal or State law, to hunt, fish, or use the land for other \n recreational purposes--\n (A) to which there is no public access or egress; \n or\n (B) to which public access or egress to the legal \n boundaries of the land is significantly restricted (as \n determined by the head of the Federal public land \n management agency);\n (2) with respect to land described in paragraph (1), a list \n of the locations and acreage on the land that the head of the \n Federal public land management agency determines have \n significant potential for use for hunting, fishing, and other \n recreational purposes; and\n (3) with respect to land described in paragraph (2), a plan \n developed by the Federal public land management agency that--\n (A) identifies how public access and egress could \n reasonably be provided to the legal boundaries of the \n land in a manner that minimizes the impact on wildlife \n habitat and water quality;\n (B) specifies the actions recommended to secure the \n access and egress, including acquiring an easement, \n right-of-way, or fee title from a willing owner of any \n land that abuts the land or the need to coordinate with \n State land management agencies or other Federal or \n State governmental entities to allow for such access \n and egress; and\n (C) is consistent with the travel management plan \n in effect on the land.\n (b) List of Public Access Routes for Certain Land.--Not later than \n1 year after the date of enactment of this Act, each head of a Federal \npublic land management agency shall make available to the public on the \nwebsite of the Federal public land management agency, and thereafter \nrevise as the head of the Federal public land management agency \ndetermines appropriate, a list of roads or trails that provide the \nprimary public access and egress to the legal boundaries of contiguous \nparcels of land equal to more than 640 acres in size under the \njurisdiction of the Federal public land management agency on which the \npublic is allowed, under Federal or State law, to hunt, fish, or use \nthe land for other recreational purposes.\n (c) Means of Public Access and Egress Included.--In considering \npublic access and egress under subsections (a) and (b), the head of the \napplicable Federal public land management agency shall consider public \naccess and egress to the legal boundaries of the land described in \nthose subsections, including access and egress--\n (1) by motorized or non-motorized vehicles; and\n (2) on foot or horseback.\n (d) Effect.--\n (1) In general.--This Act shall have no effect on whether a \n particular recreational use shall be allowed on the land \n described in paragraphs (1) and (2) of subsection (a).\n (2) Effect of allowable uses on agency consideration.--In \n preparing the plan under subsection (a)(3), the head of the \n applicable Federal public land management agency shall only \n consider recreational uses that are allowed on the land at the \n time that the plan is prepared.\n\nSEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL \n PURPOSES.\n\n Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 \n(16 U.S.C. 460l-9) is amended by adding at the end the following:\n ``Recreational public access to federal land.--In an amount \n not less than 1.5 percent of such moneys, for projects that \n secure public access to Federal land for hunting, fishing, and \n other recreational purposes through easements, rights-of-way, \n or fee title acquisitions from willing sellers.''.","summary":"Hunt Unrestricted on National Treasures Act or HUNT Act - Requires each head of a federal public land management agency , to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted. (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes. And (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.","title":"HUNT Act","text_len":6305,"sum_len":1565} {"bill_id":"111_s3025","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Columbia River Restoration Act of \n2010''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Columbia River is the largest river in the Pacific \n Northwest and the fourth largest river in the United States by \n volume. The river is 1,243 miles long, and its drainage basin \n includes 259,000 square miles, extending into 7 States and \n British Columbia, Canada, and including all or part of 5 \n national parks, the Columbia River Gorge National Scenic Area, \n and the Hells Canyon National Recreation Area.\n (2) The Columbia River Basin and its tributaries provide \n significant ecological and economic benefits to the Pacific \n Northwest and the entire United States. Traditionally, the \n Columbia River Basin and its tributaries were the largest \n salmon producing river system in the world, with annual returns \n peaking at as many as 30 million fish. The Columbia River \n drainage basin includes more than 6 million acres of irrigated \n agricultural land, and its 14 hydroelectric dams, combined with \n additional dams on its tributaries, produce more hydroelectric \n power than any other North American river.\n (3) The Lower Columbia River Estuary stretches 146 miles \n from the Bonneville Dam to the mouth of the Pacific Ocean, and \n much of this area is degraded. Polychlorinated biphenyls (PCBs) \n in salmon tissue and polycyclic aromatic hydrocarbons (PAHs) in \n salmon prey exceed estimated thresholds for delayed mortality, \n increased disease susceptibility, and reduced growth. Legacy \n contaminants (DDT and PCBs) banned in the 1970s are still \n detected in river water, sediments, and juvenile Chinook \n salmon. Several pesticides have been detected, including \n atrazine and simazine, which can affect salmon behavior or act \n as hormone disruptors. Emerging contaminants, such as hormone \n disruptors from pharmaceutical and personal care products, have \n been found in river water and juvenile male salmon. These \n contaminants may impair salmon growth, health, and \n reproduction.\n (4) The Middle and Upper Columbia River Basin includes \n 1,050 miles of the mainstem Columbia River upstream of the \n Bonneville Dam, including the 1,040 miles of its largest \n tributary, the Snake River, and all of the tributaries to both \n rivers. The Environmental Protection Agency's (EPA's) Columbia \n River Basin Fish Contaminant Survey detected the presence of 92 \n priority pollutants, including PCBs, dioxins, furans, arsenic, \n mercury, and DDE (a breakdown product of DDT), in fish that are \n consumed by the Confederated Tribes of the Warm Springs, the \n Confederated Tribes and Bands of the Yakama Nation, the \n Confederated Tribes of the Umatilla Indian Reservation, and the \n Nez Perce Tribe, as well as by other people consuming fish \n throughout the Columbia River Basin. A fish consumption survey \n by the Columbia River Intertribal Fish Commission showed that \n tribal members were eating 6 to 11 times more fish than EPA's \n estimated national average. The nuclear and toxic contamination \n at the Hanford Nuclear Reservation presents an ongoing risk of \n contamination in the Middle Columbia Basin. Sampling of \n sediments by the EPA in 2004 documented widespread presence of \n toxic flame retardants known as polyrominated diphenyl ethers.\n (5) Contamination of the Middle and Upper Columbia River \n Basin has a direct impact on water quality and habitat quality \n in the Lower Columbia River Estuary. Investments in habitat \n restoration and toxics reduction in the Middle and Upper \n Columbia River Basin can have significant benefits for fish and \n wildlife throughout the entire basin.\n (6) Together with the Governors of Oregon and Washington, \n the EPA created the Lower Columbia River Estuary Partnership \n (Estuary Partnership) in 1995 to provide regional coordination \n to focus on the lower river, to advance the science of the \n ecosystem, and to deliver environmental results. The Estuary \n Partnership was formed within the National Estuary Program and \n provides a structure for organization and collaboration to \n implement Federal priorities. The Estuary Partnership includes \n all key Federal agencies as part of its management and \n governing structure, including the EPA, the United States \n Geological Survey (USGS), the National Oceanic and Atmospheric \n Administration (NOAA), the Army Corps of Engineers, the Forest \n Service, and tribal, State, and local governments.\n (7) The Columbia River Basin was designated by the EPA as \n an ``Estuary of National Significance'' in 1995 and a ``Large \n Aquatic Ecosystem'' in 2006.\n (8) The Estuary Partnership has developed an unparalleled \n 2-State, public and private partnership, including \n unprecedented collaborative efforts among key Federal partners, \n including the EPA, the NOAA, the USGS, and the Army Corps of \n Engineers to advance Federal goals, and the Estuary Partnership \n and its partners have gathered scientific information and \n compiled data, and have made significant gains in habitat \n protection and environmental education.\n (9) Despite these advances, further degradation exists and \n contaminants persist in the Columbia River Basin and are \n impairing the health of fish, wildlife, and humans. Degraded \n conditions in the river exacerbate the challenges already faced \n by the 13 species of salmon and steelhead in the Columbia River \n Basin listed as threatened or endangered under the Endangered \n Species Act of 1973.\n (10) The ``Estuary Partnership Comprehensive Conservation \n and Management Plan'' (1999), the ``Northwest Power and \n Conservation Council Lower Columbia Province Plan'' (2004, \n amended 2008), the draft ``NOAA Columbia River Estuary Recovery \n Module for Salmon and Steelhead'' (2010), the States of Oregon, \n Idaho, and Washington Recovery Plans, the ``Biological Opinion \n for the Federal Columbia River Power System (FCRPS)'' (2000, \n 2004, 2008), and the ``EPA Columbia Basin State of the River \n Report for Toxics'' (2009) consistently identify habitat loss \n and toxic contamination as threats to fish and wildlife.\n\nSEC. 3. COLUMBIA RIVER.\n\n Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 \net seq.) is amended by adding at the end the following:\n\n``SEC. 123. COLUMBIA RIVER.\n\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Action plan.--The term `Action Plan' means the \n `Columbia River Basin Toxics Reduction Action Plan' developed \n by the Environmental Protection Agency and the Columbia River \n Toxics Reduction Working Group in 2010, including any \n amendments thereto.\n ``(2) Comprehensive plan.--The term `Comprehensive Plan' \n means the `Estuary Partnership Comprehensive Conservation and \n Management Plan' adopted by the Environmental Protection Agency \n and the Governors of Oregon and Washington on October 20, 1999, \n under section 320, including any amendments thereto.\n ``(3) Estuary partnership.--The term `Estuary Partnership' \n means the Lower Columbia River Estuary Partnership, an entity \n created by the States of Oregon and Washington and the \n Environmental Protection Agency under section 320.\n ``(4) Lower columbia river and estuary.--The term `Lower \n Columbia River and Estuary' means the region consisting of the \n lower 146 miles of the Columbia River Basin from the Bonneville \n Dam to the Pacific Ocean.\n ``(5) Middle and upper columbia river basin.--The term \n `Middle and Upper Columbia River Basin' means the region \n consisting of the United States portion of the Columbia River \n Basin above Bonneville Dam, including the Snake River (and its \n tributaries) and other tributaries of the Columbia River.\n ``(6) Team leader.--The term `Team Leader' means the Team \n Leader appointed under subsection (b).\n ``(b) Program Team.--\n ``(1) Establishment.--The Administrator shall establish in \n the Environmental Protection Agency a Columbia River Program \n Team. The Team shall be located within the Oregon Operations \n Office for Region 10 of the Environmental Protection Agency.\n ``(2) Appointment of team leader.--The Administrator shall \n appoint a Team Leader, who, by reason of management experience \n and technical expertise relating to the Columbia River Basin, \n shall be highly qualified to support the development and \n implementation of projects, programs, and studies necessary to \n implement the Action Plan.\n ``(3) Delegation of authority; staffing.--The Administrator \n shall delegate to the Team Leader such authority and provide \n such additional staff as may be necessary to carry out this \n section.\n ``(c) Duties.--\n ``(1) In general.--In carrying out this section, the \n Administrator, acting through the Team Leader, shall--\n ``(A) assist and support the implementation of the \n Action Plan and the Comprehensive Plan;\n ``(B) coordinate the implementation of the Action \n Plan and the Comprehensive Plan, and the development of \n any updates to those plans, with programs and projects \n in the Middle and Upper Columbia River Basin;\n ``(C) make such other updates to the Action Plan \n and the Comprehensive Plan as the Administrator, in \n consultation with appropriate Federal agencies, the \n States of Oregon, Washington, and Idaho, tribal \n governments, local governments, and other public and \n private interests in the Columbia River Basin, \n considers appropriate;\n ``(D) provide funding and make grants for \n implementation of the Action Plan and the Comprehensive \n Plan and projects, programs, and studies consistent \n with the priorities of the Action Plan and the \n Comprehensive Plan;\n ``(E) promote innovative methodologies and \n technologies that are cost effective and consistent \n with the identified goals and objectives of the Action \n Plan and the Comprehensive Plan and the permitting \n processes of the Environmental Protection Agency;\n ``(F) coordinate the major functions of the Federal \n Government related to the implementation of the Action \n Plan and the Comprehensive Plan, including projects, \n programs, and studies for--\n ``(i) water quality improvements;\n ``(ii) toxics reduction and monitoring;\n ``(iii) wetland, riverine, and estuary \n restoration and protection;\n ``(iv) nearshore and endangered species \n recovery; and\n ``(v) stewardship and environmental \n education;\n ``(G) coordinate the research and planning projects \n authorized under this section with Federal agencies, \n State agencies, tribal governments, universities, and \n the Estuary Partnership, including conducting or \n commissioning studies considered necessary for \n strengthened implementation of the Action Plan and the \n Comprehensive Plan;\n ``(H) track progress toward meeting the identified \n goals and objectives of the Action Plan and the \n Comprehensive Plan by--\n ``(i) implementing and supporting a \n project, program, and monitoring system \n consistent with performance-based ecosystem \n standards and management; and\n ``(ii) coordinating, managing, and \n reporting environmental data related to the \n Action Plan and the Comprehensive Plan in a \n manner consistent with methodologies utilized \n by the Estuary Partnership, including making \n such data and reports on such data available to \n the public, including on the Internet, in a \n timely fashion; and\n ``(I) collect and make available to the public, \n including on the Internet, publications and other forms \n of information relating to the environmental quality of \n the Lower Columbia River and Estuary.\n ``(2) Implementation methods.--The Administrator, acting \n through the Team Leader, may enter into interagency agreements, \n make intergovernmental personnel appointments, provide funding, \n make grants, and utilize other available methods in carrying \n out the duties under this subsection.\n ``(d) Report.--Not later than one year after the date of enactment \nof this section, and biennially thereafter, the Administrator shall \nsubmit to Congress a report that--\n ``(1) summarizes the progress made in implementing the \n Action Plan and the Comprehensive Plan and the progress made \n toward achieving the identified goals and objectives described \n in such plans;\n ``(2) summarizes any modifications to the Action Plan and \n the Comprehensive Plan made in the period immediately preceding \n the report;\n ``(3) incorporates specific recommendations concerning the \n implementation of the Action Plan and the Comprehensive Plan; \n and\n ``(4) summarizes the roles and progress of each Federal \n agency that has jurisdiction in the Columbia River Basin toward \n meeting the identified goals and objectives of the Action Plan \n and the Comprehensive Plan.\n ``(e) Implementation of Action Plan and Comprehensive Plan.--\n ``(1) In general.--The Administrator, acting through the \n Team Leader and in consultation with the Estuary Partnership, \n shall carry out projects, programs, and studies to implement \n the Action Plan and the Comprehensive Plan.\n ``(2) Priority projects, programs, and studies.--The \n Administrator may give special emphasis to projects, programs, \n and studies that are identified as priorities by the Estuary \n Partnership in the Action Plan and the Comprehensive Plan.\n ``(3) Grants.--\n ``(A) In general.--The Administrator, acting \n through the Team Leader, is authorized to make grants \n for projects, programs, and studies to implement the \n Action Plan and the Comprehensive Plan.\n ``(B) Allocations.--In making grants using funds \n appropriated to carry out this paragraph for a fiscal \n year, the Administrator, acting through the Team \n Leader, shall use--\n ``(i) not less than 40 percent of the funds \n to make a comprehensive grant to the Estuary \n Partnership to manage implementation of the \n Comprehensive Plan;\n ``(ii) not less than 50 percent of the \n funds to make grants, as allocated by the Team \n Leader, for projects, programs and studies \n prioritized in the Action Plan throughout the \n Columbia River Basin, and for other coordinated \n projects, programs, and studies in the Middle \n and Upper Columbia River Basin; and\n ``(iii) not more than 5 percent of the \n funds for project management, administration, \n and reporting.\n ``(4) Federal share.--The Federal share of the costs for \n which a grant is made under this section shall be 75 percent, \n except that the Administrator may increase the Federal share in \n such circumstances as the Administrator determines appropriate.\n ``(f) Annual Budget Plan.--The President, as part of the \nPresident's annual budget submission to Congress under section 1105(a) \nof title 31, United States Code, shall submit information regarding \neach Federal agency involved in protection and restoration of the \nColumbia River Basin, including--\n ``(1) an interagency crosscut budget that displays for each \n Federal agency--\n ``(A) the amounts obligated in the preceding fiscal \n year for protection and restoration projects, programs, \n and studies relating to the Columbia River Basin;\n ``(B) the estimated budget for the current fiscal \n year for protection and restoration projects, programs, \n and studies relating to the Columbia River Basin; and\n ``(C) the proposed budget for protection and \n restoration projects, programs, and studies relating to \n the Columbia River Basin; and\n ``(2) a description and assessment of the Federal role in \n the development and implementation of the Action Plan and the \n Comprehensive Plan and the specific role of each Federal agency \n involved in protection and restoration of the Columbia River \n Basin, including specific projects, programs, and studies \n conducted or planned to achieve the identified goals and \n objectives of the Action Plan and the Comprehensive Plan.\n ``(g) Authorization of Appropriations.--There is authorized to be \nappropriated to the Administrator to carry out this section $40,000,000 \nfor each of fiscal years 2011 through 2016. Such sums shall remain \navailable until expended.''.","summary":"Columbia River Restoration Act of 2010 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish within EPA a Columbia River Program Team, located within the Oregon Operations Office for EPA's Region 10. And (2) appoint a Team Leader who shall be highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the Columbia River Basin Toxics Reduction Action Plan developed by EPA and the Columbia River Toxics Reduction Working Group in 2010. Directs the Administrator, acting through the Team Leader, to: (1) assist and support the implementation of the Action Plan and the Estuary Partnership Comprehensive Conservation and Management Plan adopted by EPA and the Governors of Oregon and Washington on October 20, 1999. (2) coordinate the implementation of, and the development of any updates to, those Plans, with programs and projects in the Middle and Upper Columbia River Basin, (3) make other appropriate updates. (4) provide funding and make grants for implementation consistent with Plan priorities. (5) promote innovative methodologies and technologies that are cost effective and consistent with Plan goals and objectives and EPA's permitting processes. (6) coordinate the major functions of the federal government related to Plan implementation, (7) coordinate authorized research and planning projects, (8) track progress toward meeting Plan goals and objectives. And (9) collect and make available to the public information regarding the environmental quality of the Lower Columbia River and Estuary. Requires the Administrator, through the Team Leader, to carry out projects, programs, and studies to implement the Plans. Authorizes the Administrator to give special emphasis to those projects, programs, and studies identified as priorities by the Estuary Partnership in the Plans. Authorizes the Administrator, through the Team Leader, to make grants to implement the Plans. Sets forth requirements regarding grant allocations and the federal share of costs. Directs the President, as part of his annual budget submission to Congress, to submit information regarding each federal agency involved in protection and restoration of the Columbia River Basin.","title":"A bill to amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect and restore the water quality of the Columbia River Basin, and for other purposes.","text_len":19104,"sum_len":2311} {"bill_id":"115_s2610","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Overdoses While in \nEmergency Departments Act of 2018''.\n\nSEC. 2. PROGRAM TO SUPPORT EMERGENCY DEPARTMENT DISCHARGE AND CARE \n COORDINATION FOR DRUG OVERDOSE PATIENTS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nestablish a program (referred to in this Act as the ``Program'') to \ndevelop protocols for discharging patients who have presented with a \ndrug overdose and enhance the integration and coordination of care and \ntreatment options for individuals with substance use disorder after \ndischarge.\n (b) Grant Establishment and Participation.--\n (1) In general.--In carrying out the Program, the Secretary \n shall award grants on a competitive basis to not more than 20 \n eligible health care sites described in paragraph (2).\n (2) Eligible health care sites.--To be eligible for a grant \n under this section, a health care site shall--\n (A) submit an application to the Secretary at such \n time, in such manner, and containing such information \n as specified by the Secretary;\n (B) have an emergency department;\n (C)(i) have a licensed health care professional on \n site who has a waiver under section 303(g) of the \n Controlled Substances Act (21 U.S.C. 823(g)) to \n administer medication-assisted treatment; or\n (ii) have a demonstrable plan to hire a full-time \n licensed health care professional who has a waiver \n described in clause (i) to administer such treatment on \n site;\n (D) have in place an agreement with a sufficient \n number and range of entities certified under applicable \n State and Federal law, such as pursuant to registration \n or a waiver under section 303(g) of the Controlled \n Substances Act (21 U.S.C. 823(g)) or certification as \n described in section 8.2 of title 42 of the Code of \n Federal Regulations, to provide treatment for substance \n use disorder such that, in combination, the resulting \n network of entities with an agreement with the hospital \n cumulatively are capable of providing services for all \n evidence-based services for the treatment of substance \n use disorder, as medically appropriate for the \n individual involved, including--\n (i) medication-assisted treatment;\n (ii) withdrawal and detoxification services \n that include patient evaluation, stabilization, \n and readiness for, and entry into, treatment; \n and\n (iii) counseling;\n (E) deploy on-site recovery coaches to help connect \n patients with treatment and recovery support programs; \n and\n (F) include the provision of overdose reversal \n medication in discharge protocols for opioid overdose \n patients.\n (3) Preference.--In awarding grants under this section, the \n Secretary shall give preference to eligible health care sites \n that meet either or both of the following criteria:\n (A) The site is a critical access hospital (as \n defined in section 1861(mm)(1) of the Social Security \n Act (42 U.S.C. 1395x(mm)(1))), a low volume hospital \n (as defined in section 1886(d)(12)(C)(i) of such Act \n (42 U.S.C. 1395ww(d)(12)(C)(i))), or a sole community \n hospital (as defined in section 1886(d)(5)(D)(iii) of \n such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))).\n (B) The site is located in a geographic area with \n an overdose rate higher than the national average, \n based on the most recent data of the Centers for \n Disease Control and Prevention.\n (4) Medication-assisted treatment defined.--For purposes of \n this section, the term ``medication-assisted treatment'' means \n the use of medication approved by the Food and Drug \n Administration in combination with behavioral health services \n to provide an individualized approach to the treatment of \n substance use disorders, including opioid use disorder.\n (c) Period of Grant.--A grant awarded to an eligible health care \nsite under this section shall be for a period of at least 2 years.\n (d) Grant Uses.--\n (1) Required uses.--A grant awarded under this section to \n an eligible health care site shall be used for both of the \n following purposes:\n (A) To establish policies and procedures that \n address the provision of overdose reversal medication, \n the administration of medication-assisted treatment to \n a non-fatal overdose patient in the emergency \n department, and the subsequent referral to evidence-\n based treatment upon discharge for patients who have \n experienced a non-fatal drug overdose.\n (B) To develop best practices for treating non-\n fatal drug overdoses, including with respect to care \n coordination and integrated care models for long-term \n treatment and recovery options for individuals who have \n experienced a non-fatal drug overdose.\n (2) Additional permissible uses.--A grant awarded under \n this section to an eligible health care site may be used for \n any of the following purposes:\n (A) To hire emergency department recovery coaches, \n counselors, therapists, social workers, or other \n licensed medical professionals specializing in the \n treatment of substance use disorder.\n (B) To establish integrated models of care for \n individuals who have experienced a non-fatal drug \n overdose which may include patient assessment, \n followup, and transportation to treatment facilities.\n (C) To provide for options for increasing the \n availability and access of medication-assisted \n treatment and other evidence-based treatment for \n individuals with substance use disorders.\n (e) Reporting Requirements.--\n (1) Reports by grantees.--Each eligible health care site \n awarded a grant under this section shall submit to the \n Secretary an annual report for each year for which the site has \n received such grant that includes information on--\n (A) the number of individuals treated at the site \n for non-fatal overdoses in the emergency department;\n (B) the number of individuals administered \n medication-assisted treatment at the site in the \n emergency department;\n (C) the number of individuals referred by the site \n to other treatment facilities after a non-fatal \n overdose, the types of such other facilities, and the \n number of such individuals admitted to such other \n facilities pursuant to such referrals;\n (D) the frequency and number of patient \n readmissions for non-fatal overdoses and substance \n abuse disorder;\n (E) how the grant funding was used; and\n (F) the effectiveness of, and any other relevant \n additional data regarding, having an onsite health care \n professional to administer and begin medication-\n assisted treatment for substance use disorders.\n (2) Report by secretary.--Not less than one year after the \n conclusion of the Program, the Secretary shall submit to \n Congress a report that includes--\n (A) findings of the Program;\n (B) overall patient outcomes under the Program, \n such as with respect to hospital readmission;\n (C) what percentage of patients treated by a site \n receiving a grant under this section were readmitted to \n a hospital for non-fatal or fatal overdose; and\n (D) a compilation of voluntary guidelines and best \n practices from the reports submitted under paragraph \n (1).\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this Act $50,000,000 for the period of fiscal \nyears 2019 through 2023.","summary":"Preventing Overdoses While in Emergency Departments Act of 2018 This bill requires the Department of Health and Human Services to establish a grant program to: (1) develop protocols for discharging patients who are treated for a drug overdose, and (2) enhance the integration and coordination of postdischarge care and treatment options for individuals with a substance use disorder.","title":"Preventing Overdoses While in Emergency Departments Act of 2018","text_len":9090,"sum_len":383} {"bill_id":"104_hr503","text":"SECTION. 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Telecommunications \nEconomic Opportunity Act of 1995''.\n (b) Findings.--The Congress finds the following:\n (1) It is in the public interest for business enterprises \n owned by minorities and women to participate in procurement \n contracts of all providers of telecommunications services.\n (2) The opportunity for full participation in our free \n enterprise system by business enterprises that are owned by \n minorities and women is essential if this Nation is to attain \n social and economic equality for those businesses and improve \n the functioning of the national economy.\n (3) It is in this Nation's interest to expeditiously \n improve the economically disadvantaged position of business \n enterprises that are owned by minorities and women.\n (4) The position of these businesses can be improved \n through the development by the providers of telecommunications \n services of substantial long-range and annual goals, which are \n supported by training and technical assistance, for the \n purchase, to the maximum practicable extent, of technology, \n equipment, supplies, services, material and construction from \n minority business enterprises.\n (5) Procurement policies which include participation of \n business enterprises that are owned by minorities and women \n also benefit the communication industry and its consumers by \n encouraging the expansion of the numbers of suppliers for \n procurement, thereby encouraging competition among suppliers \n and promoting economic efficiency in the process.\n\nSEC. 2. PURPOSE.\n\n The purposes of this Act are--\n (1) to encourage and foster greater economic opportunity \n for business enterprises that are owned by minorities and \n women;\n (2) to promote competition among suppliers to providers of \n telecommunications services and their affiliates to enhance \n economic efficiency in the procurement of telephone corporation \n contracts and contracts of their State commission-regulated \n subsidiaries and affiliates;\n (3) to clarify and expand a program for the procurement by \n State and federally-regulated telephone companies of \n technology, equipment, supplies, services, materials and \n construction work from business enterprises that are owned by \n minorities and women; and\n (4) to ensure that a fair proportion of the total \n purchases, contracts, and subcontracts for supplies, \n commodities, technology, property, and services offered by the \n providers of telecommunications services and their affiliates \n are awarded to minority and women business enterprises.\n\nSEC. 3. ANNUAL PLAN SUBMISSION.\n\n (a) Annual Plans Required.--\n (1) In general.--The Commission shall require each provider \n of telecommunications services to submit annually a detailed \n and verifiable plan for increasing its procurement from \n business enterprises that are owned by minorities or women in \n all categories of procurement in which minorities are under \n represented.\n (2) Contents of plans.--The annual plans required by \n paragraph (1) shall include (but not be limited to) short- and \n long-term progressive goals and timetables, technical \n assistance, and training and shall, in addition to goals for \n direct contracting opportunities, include methods for \n encouraging both prime contractors and grantees to engage \n business enterprises that are owned by minorities and women in \n subcontracts in all categories in which minorities are under \n represented.\n (3) Implementation report.--Each provider of \n telecommunications services shall furnish an annual report to \n the Commission regarding the implementation of programs \n established pursuant to this Act in such form as the Commission \n shall require, and at such time as the Commission shall \n annually designate.\n (4) Report to congress.--The Commission shall provide an \n annual report to Congress, beginning in January 1996, on the \n progress of activities undertaken by each provider of \n telecommunications services regarding the implementation of \n activities pursuant to this Act to develop business enterprises \n that are owned by minorities or women. The report shall \n evaluate the accomplishments under this Act and shall recommend \n a program for enhancing the policy declared in this Act, \n together with such recommendations for legislation as it deems \n necessary or desirable to further that policy.\n (b) Regulations and Criteria for Determining Eligibility of \nMinority Business Enterprises for Procurement Contracts.--\n (1) In general.--The Commission shall establish regulations \n for implementing programs pursuant to this Act that will govern \n providers of telecommunications services and their affiliates.\n (2) Verifying criteria.--The Commission shall develop and \n publish regulations setting forth criteria for verifying and \ndetermining the eligibility of business enterprises that are owned by \nminorities or women for procurement contracts.\n (3) Outreach.--The Commission's regulations shall require \n each provider of telecommunications services and its affiliates \n to develop and to implement an outreach program to inform and \n recruit business enterprises that are owned by minorities or \n women to apply for procurement contracts under this Act.\n (4) Enforcement.--The Commission shall establish and \n promulgate such regulations necessary to enforce the provisions \n of this Act.\n (c) Waiver Authority.--The requirements of this section may be \nwaived, in whole or in part, by the Commission with respect to a \nparticular contract or subcontract in accordance with guidelines set \nforth in regulations which the Commission shall prescribe when it \ndetermines that the application of such regulations prove to result in \nundue hardship or unreasonable expense to a provider of \ntelecommunications services.\n\nSEC. 4. SANCTIONS AND REMEDIES.\n\n (a) False Representation of Businesses; Sanctions.--\n (1) In general.--Any person or corporation, through its \n directors, officers, or agent, which falsely represents the \n business as a business enterprise that is owned by minorities \n or women in the procurement or attempt to procure contracts \n from telephone operating companies and their affiliates \n pursuant to this article, shall be punished by a fine of not \n more than $5,000, or by imprisonment for a period not to exceed \n 5 years of its directors, officers, or agents responsible for \n the false statements, or by both fine and imprisonment.\n (2) Holding companies.--Any provider of telecommunications \n services which falsely represents its annual report to the \n Commission or its implementation of its programs pursuant to \n this section shall be subject to a fine of $100,000 and be \n subject to a penalty of up to 5 years restriction from \n participation in lines of business activities provided for in \n this Act.\n (b) Independent Cause of Action, Remedies, and Attorney Fees.--\n (1) Discrimination prohibited.--No otherwise qualified \n business enterprise that is owned by minorities or women shall \n solely, by reason of its racial, ethnic, or gender composition \n be excluded from the participation in, be denied the benefits \n of, or be subjected to discrimination in procuring contracts \n from telephone utilities.\n (2) Civil actions authorized.--Whenever a qualified \n business enterprise that is owned by minorities or women has \n reasonable cause to believe that a provider of \n telecommunications services or its affiliate is engaged in a \n pattern or practice of resistance to the full compliance of any \n provision of this Act, the business enterprise may bring a \n civil action in the appropriate district court of the United \n States against the provider of telecommunications services or \n its affiliate requesting such monetary or injunctive relief, or \n both, as deemed necessary to ensure the full benefits of this \n Act.\n (3) Attorneys' fees and costs.--In any action or proceeding \n to enforce or charge of a violation of a provision of this Act, \n the court, in its discretion, may allow the prevailing party \n reasonable attorneys' fees and costs.\n\nSEC. 5. DEFINITIONS.\n\n For the purpose of this Act, the following definitions apply:\n (1) The term ``business enterprise owned by minorities or \n women'' means--\n (A) a business enterprise that is at least 51 \n percent owned by a person or persons who are minority \n persons or women; or\n (B) in the case of any publicly owned business, at \n least 51 percent of the stock of which is owned by one \n or more persons who are minority persons or women, and \n whose management and daily business operations are \n controlled by one or more of those persons.\n (2) The term ``minority person'' means persons who are \n Black Americans, Hispanic Americans, Native Americans, Asian \n Americans, and Pacific Americans.\n (3) The term ``control'' means exercising the power to make \n financial and policy decisions.\n (4) The term ``operate'' means the active involvement in \n the day-to-day management of the business and not merely being \n officers or directors.\n (5) The term ``Commission'' means the Federal \n Communications Commission.\n (6) The term ``telecommunications service'' means the \n offering, on a common carrier basis, of telecommunications \n facilities, or of telecommunications by means of such \n facilities. Such term does not include an information service.","summary":"Telecommunications Economic Opportunity Act of 1995 - Directs the Federal Communications Commission (FCC) to require each provider of telecommunications services (provider) to submit annually a detailed and verifiable plan for increasing its procurement from businesses that are owned by minorities and women in all categories of procurement in which minorities are underrepresented. Requires each provider to report annually to the FCC regarding implementation of programs established under this Act. Directs the FCC to report annually to the Congress on the progress of activities undertaken by each provider. Directs the FCC to establish regulations for: (1) implementing programs under this Act. And (2) verifying and determining the eligibility of businesses owned by minorities and women. Requires each provider and its affiliates to develop and implement an outreach program to inform and recruit eligible businesses to apply for procurement contracts under this Act. Allows for the waiver of such requirements when their application to a provider results in undue hardship or unreasonable expense. Provides sanctions and remedies in the case of: (1) a business that falsely represents itself as a business owned by minorities or women. Or (2) a provider which makes false representations in its annual report to the FCC or in its implementation of programs under this Act. Prohibits discrimination against eligible businesses attempting to procure contracts from telephone utilities. Authorizes civil actions by eligible businesses to enforce the provisions of this Act.","title":"Telecommunications Economic Opportunity Act of 1995","text_len":10614,"sum_len":1578} {"bill_id":"111_hr2478","text":"16, 110th Congress, agreed \n to in the Senate March 1, 2007, and House Concurrent Resolution \n 80, 110th Congress, agreed to in the House of Representatives \n June 18, 2007.\n\nSEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DISARMING THE LORD'S \n RESISTANCE ARMY.\n\n (a) Requirement for Strategy.--Not later than 180 days after the \ndate of the enactment of this Act, the President shall develop and \nsubmit to the appropriate committees of Congress a regional strategy to \nguide United States support for multilateral efforts to protect \ncivilians from attacks by the Lord's Resistance Army, to eliminate the \nthreat to civilians and regional stability posed by the Lord's \nResistance Army, and to enforce the rule of law and ensure full \nhumanitarian access in LRA-affected areas.\n (b) Content of Strategy.--The strategy should include the \nfollowing:\n (1) A viable plan to protect civilians from attacks by the \n Lord's Resistance Army and eliminate the threat posed by the \n Lord's Resistance Army, while building institutions in the \n affected areas that can help to maintain the rule of law and \n prevent conflict in the long term.\n (2) An interagency framework to plan, coordinate, and \n execute all diplomatic economic, intelligence, and military \n elements of United States policy across the region regarding \n the Lord's Resistance Army.\n (3) A description of the type and form of diplomatic \n engagement to work with regional mechanisms, including the \n Tripartite Plus Commission and the Great Lakes Pact, and to \n coordinate the implementation of United States policy toward \n the Lord's Resistance Army across the region.\n (4) A description of how this engagement will fit within \n the context of broader efforts and policy objectives in the \n Great Lakes Region.\n (5) A framework to evaluate the progress and effectiveness \n of the United States strategy toward eliminating the threat \n posed by the Lord's Resistance Army.\n (c) Form.--The strategy under this section shall be submitted in \nunclassified form, but may include a classified annex.\n\nSEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY \n THE LORD'S RESISTANCE ARMY.\n\n (a) Authority.--In accordance with section 491 of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration \nand Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is \nauthorized to provide assistance to respond to the humanitarian needs \nof populations in northeastern Congo, southern Sudan, and Central \nAfrican Republic affected by the activity of the Lord's Resistance \nArmy.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated $10,000,000 for fiscal year 2010 to carry out this \nsection.\n\nSEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.\n\n (a) Authority.--It is the sense of Congress that the President \nshould support efforts by the people of northern Uganda and the \nGovernment of Uganda--\n (1) to assist internally displaced people in transition and \n returnees to secure durable solutions by spurring economic \n revitalization, supporting livelihoods, helping to alleviate \n poverty, and advancing access to basic services at return \n sites, specifically clean water, health care, and schools;\n (2) to enhance the accountability and administrative \n competency of local governance institutions and public agencies \n in northern Uganda with regard to budget management, provision \n of public goods and services, and related oversight functions;\n (3) to strengthen the operational capacity of the civilian \n police in northern Uganda to enhance public safety, prevent \n crime, and deal sensitively with gender-based violence, while \n strengthening accountability measures to prevent corruption and \n abuses;\n (4) to rebuild and improve the capacity of the justice \n system in northern Uganda, including the courts and penal \n systems, with particular sensitivity to the needs and rights of \n women and children;\n (5) to establish mechanisms for the disarmament, \n demobilization, and reintegration of former combatants, \n including vocational education and employment opportunities; \n and\n (6) to promote programs to address psychosocial trauma, \n particularly post-traumatic stress disorder.\n (b) Future Year Funding.--It is the sense of Congress that the \nSecretary of State and Administrator of the United States Agency for \nInternational Development should work with the appropriate committees \nof Congress to increase assistance in future fiscal years to support \nactivities described in this section if the Government of Uganda \ndemonstrates a commitment to transparent and accountable reconstruction \nin war-affected areas of northern and eastern Uganda, specifically by--\n (1) finalizing the establishment of mechanisms within the \n Office of the Prime Minister to sufficiently manage and \n coordinate the programs under the framework of the Peace \n Recovery and Development Plan for Northern Uganda (PRDP);\n (2) increasing oversight activities and reporting to ensure \n funds under the Peace Recovery and Development Plan for \n Northern Uganda framework are used efficiently and with minimal \n waste; and\n (3) committing substantial funds of its own, above and \n beyond standard budget allocations to local governments, to the \n task of implementing the Peace Recovery and Development Plan \n for Northern Uganda such that communities affected by the war \n can recover.\n (c) Coordination With Other Donor Nations.--The United States \nshould work with other donor nations, on a bilateral and multilateral \nbasis, to increase contributions for recovery efforts in northern \nUganda and strengthen accountability mechanisms to ensure the \ntransparent and timely use of those funds.\n (d) Termination of Assistance.--It is the sense of Congress that \nthe Secretary of State should withhold bilateral assistance to the \nRepublic of Uganda for the purposes described under this section if the \nSecretary determines that the Government of Uganda is not committed to \ntransparent and accountable reconstruction and reconciliation in the \nwar-affected areas of northern and eastern Uganda.\n\nSEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN \n NORTHERN UGANDA.\n\n (a) Sense of Congress.--It is the sense of Congress that the \nPresident should support efforts by the people of northern Uganda and \nthe Government of Uganda to advance efforts to promote transitional \njustice and reconciliation on both local and national levels, including \nto implement the following mechanisms outlined in the Annexure to the \nAgreement on Accountability and Reconciliation between the Government \nof Uganda and the Lord's Resistance Army\/Movement, signed at Juba \nFebruary 19, 2008, namely--\n (1) a body to investigate the history of the conflict, \n inquire into human rights violations committed during the \n conflict by all sides, promote truth-telling in communities, \n and encourage the preservation of the memory of events and \n victims of the conflict through memorials, archives, \n commemorations, and other forms of preservation;\n (2) a special division of the High Court of Uganda to try \n individuals alleged to have committed serious crimes during the \n conflict, and a special unit to carry out investigations and \n prosecutions in support of trials;\n (3) a system for making reparations to victims of the \n conflict; and\n (4) a review and strategy for supporting transitional \n justice mechanisms in affected areas to promote reconciliation \n and encourage individuals to take personal responsibility for \n their conduct during the war.\n (b) Authorization of Appropriations.--There is authorized to be \nappropriated $10,000,000 for each of fiscal years 2010 through 2012 to \ncarry out this section.\n\nSEC. 8. REPORT.\n\n (a) Report Required.--Not later than 1 year after the submission of \nthe strategy required under section 4, the Secretary of State shall \nprepare and submit to the appropriate committees of Congress a report \non the progress made toward the implementation of the strategy required \nunder section 4 and a description and evaluation of the assistance \nprovided under this Act toward the policy objectives described in \nsection 3.\n (b) Contents.--The report required under section (a) shall \ninclude--\n (1) a description and evaluation of actions taken toward \n the implementation of the strategy required under section 4;\n (2) a description of assistance provided under section 5 \n and section 6;\n (3) an evaluation of bilateral assistance provided to the \n Republic of Uganda and associated programs in light of stated \n policy objectives;\n (4) a description of the status of the Peace Recovery and \n Development Plan for Northern Uganda and the progress of the \n Government of Uganda to take the steps outlined in section \n 6(b); and\n (5) a description of amounts of assistance committed, and \n amounts provided, to northern Uganda during the reporting \n period by the Government of Uganda, each donor country, and all \n relevant organizations.\n\nSEC. 9. DEFINITIONS.\n\n In this Act:\n (1) Appropriate committees of congress.--The term \n ``appropriate committees of Congress'' means the Committee on \n Appropriations and the Committee on Foreign Relations of the \n Senate and the Committee on Appropriations and the Committee on \n International Relations of the House of Representatives.\n (2) Great lakes region.--The term ``Great Lakes Region'' \n means the region comprising Burundi, Democratic Republic of \n Congo, Rwanda, southern Sudan, and Uganda.\n (3) LRA-affected areas.--The term ``LRA-affected areas'' \n means the territory affected by the activity of the Lord's \n Resistance Army in the past and as of the date of the enactment \n of this Act, comprising all or parts of northern Uganda, \n southern Sudan, northeastern Democratic Republic of Congo, and \n southeastern Central African Republic.","summary":"Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide US support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA. And (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police.","title":"To support stabilization and lasting peace in northern Uganda and areas affected by the Lord's Resistance Army through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord's Resistance Army and to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes.","text_len":10799,"sum_len":1502} {"bill_id":"114_hr2104","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Cures Act''.\n\nSEC. 2. CAP ADJUSTMENT.\n\n (a) In General.--Section 251(b)(2) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--\n (1) by redesignating subparagraph (D) as subparagraph (E); \n and\n (2) by inserting after subparagraph (C), the following:\n ``(D) Biomedical research.--\n ``(i) National institutes of health.--If a \n bill or joint resolution making appropriations \n for a fiscal year is enacted that specifies \n amounts for the National Institutes of Health \n at the Department of Health and Human Services, \n then the adjustments for that fiscal year shall \n be the amount of additional new budget \n authority provided in that Act for such \n programs for that fiscal year, but shall not \n exceed--\n ``(I) for fiscal year 2016, \n $1,741,000,000 in additional new budget \n authority;\n ``(II) for fiscal year 2017, \n $3,422,000,000 in additional new budget \n authority;\n ``(III) for fiscal year 2018, \n $5,167,000,000 in additional new budget \n authority;\n ``(IV) for fiscal year 2019, \n $7,085,000,000 in additional new budget \n authority;\n ``(V) for fiscal year 2020, \n $9,149,000,000 in additional new budget \n authority; and\n ``(VI) for fiscal year 2021, \n $11,435,000,000 in additional new \n budget authority.\n ``(ii) Centers for disease control and \n prevention.--If a bill or joint resolution \n making appropriations for a fiscal year is \n enacted that specifies amounts for the Centers \n for Disease Control and Prevention at the \n Department of Health and Human Services, then \n the adjustments for that fiscal year shall be \n the amount of additional new budget authority \n provided in that Act for such programs for that \n fiscal year, but shall not exceed--\n ``(I) for fiscal year 2016, \n $716,000,000 in additional new budget \n authority;\n ``(II) for fiscal year 2017, \n $1,287,000,000 in additional new budget \n authority;\n ``(III) for fiscal year 2018, \n $1,503,000,000 in additional new budget \n authority;\n ``(IV) for fiscal year 2019, \n $1,980,000,000 in additional new budget \n authority;\n ``(V) for fiscal year 2020, \n $2,298,000,000 in additional new budget \n authority; and\n ``(VI) for fiscal year 2021, \n $2,884,000,000 in additional new budget \n authority.\n ``(iii) Department of defense health \n program.--If a bill or joint resolution making \n appropriations for a fiscal year is enacted \n that specifies amounts for the Department of \n Defense health program, then the adjustments \n for that fiscal year shall be the amount of \n additional new budget authority provided in \n that Act for such programs for that fiscal \n year, but shall not exceed--\n ``(I) for fiscal year 2016, \n $57,402,000 in additional new budget \n authority;\n ``(II) for fiscal year 2017, \n $139,213,000 in additional new budget \n authority;\n ``(III) for fiscal year 2018, \n $226,460,000 in additional new budget \n authority;\n ``(IV) for fiscal year 2019, \n $322,742,000 in additional new budget \n authority;\n ``(V) for fiscal year 2020, \n $425,700,000 in additional new budget \n authority; and\n ``(VI) for fiscal year 2021, \n $540,000,000 in additional new budget \n authority.\n ``(iv) Medical and prosthetics research \n program of the department of veterans \n affairs.--If a bill or joint resolution making \n appropriations for a fiscal year is enacted \n that specifies amounts for the medical and \n prosthetics research program of the Department \n of Veterans Affairs, then the adjustments for \n that fiscal year shall be the amount of \n additional new budget authority provided in \n that Act for such programs for that fiscal \n year, but shall not exceed--\n ``(I) for fiscal year 2016, \n $25,201,000 in additional new budget \n authority;\n ``(II) for fiscal year 2017, \n $52,945,000 in additional new budget \n authority;\n ``(III) for fiscal year 2018, \n $80,866,000 in additional new budget \n authority;\n ``(IV) for fiscal year 2019, \n $112,189,000 in additional new budget \n authority;\n ``(V) for fiscal year 2020, \n $146,157,000 in additional new budget \n authority; and\n ``(VI) for fiscal year 2021, \n $184,027,000 in additional new budget \n authority.\n ``(v) Definitions.--As used in this \n subparagraph:\n ``(I) Additional new budget \n authority.--The term `additional new \n budget authority' means--\n ``(aa) with respect to the \n National Institutes of Health, \n the amount provided for a \n fiscal year, in excess of the \n amount provided in fiscal year \n 2015, in an appropriation Act \n and specified to support the \n National Institutes of Health;\n ``(bb) with respect to the \n Centers for Disease Control and \n Prevention, the amount provided \n for a fiscal year, in excess of \n the amount provided in fiscal \n year 2015, in an appropriation \n Act and specified to support \n the Centers for Disease Control \n and Prevention;\n ``(cc) with respect to the \n Department of Defense health \n program, the amount provided \n for a fiscal year, in excess of \n the amount provided in fiscal \n year 2015, in an appropriation \n Act and specified to support \n the Department of Defense \n health program; and\n ``(dd) with respect to the \n medical and prosthetics \n research program of the \n Department of Veterans Affairs, \n the amount provided for a \n fiscal year, in excess of the \n amount provided in fiscal year \n 2015, in an appropriation Act \n and specified to support the \n medical and prosthetics \n research program of the \n Department of Veterans Affairs.\n ``(II) Centers for disease control \n and prevention.--The term `Centers for \n Disease Control and Prevention' means \n the appropriations accounts that \n support the various institutes, \n offices, and centers that make up the \n Centers for Disease Control and \n Prevention.\n ``(III) Department of defense \n health program.--The term `Department \n of Defense health program' means the \n appropriations accounts that support \n the various institutes, offices, and \n centers that make up the Department of \n Defense health program.\n ``(IV) Medical and prosthetics \n research program of the department of \n veterans affairs.--The term `medical \n and prosthetics research program of the \n Department of Veterans Affairs' means \n the appropriations accounts that \n support the various institutes, \n offices, and centers that make up the \n medical and prosthetics research \n program of the Department of Veterans \n Affairs.\n ``(V) National institutes of \n health.--The term `National Institutes \n of Health' means the appropriations \n accounts that support the various \n institutes, offices, and centers that \n make up the National Institutes of \n Health.''.\n (b) Funding.--There are hereby authorized to be appropriated--\n (1) for the National Institutes of Health, the amounts \n provided for under clause (i) of such section 251(b)(2)(D) in \n each of fiscal years 2016 through 2021, and such sums as may be \n necessary for each subsequent fiscal year;\n (2) for the Secretary of Health and Human Services, acting \n through the Centers for Disease Control and Prevention, the \n amounts provided for under clause (ii) of such section \n 251(b)(2)(D) in each of fiscal years 2016 through 2021, and \n such sums as may be necessary for each subsequent fiscal year;\n (3) for the Department of Defense health program, the \n amounts provided for under clause (iii) of such section \n 251(b)(2)(D) in each of fiscal years 2016 through 2021, and \n such sums as may be necessary for each subsequent fiscal year; \n and\n (4) for the Medical and prosthetics research program of the \n Department of Veterans Affairs, the amounts provided for under \n clause (iv) of such section 251(b)(2)(D) in each of fiscal \n years 2016 through 2021, and such sums as may be necessary for \n each subsequent fiscal year.\n (c) Minimum Continued Funding Requirement.--Amounts appropriated \nfor each of the programs and agencies described in section 251(b)(2)(D) \nof the Balanced Budget and Emergency Deficit Control Act of 1985 (as \nadded by subsection (a)) for each of fiscal years 2016 through 2021, \nand each subsequent fiscal year, shall not be less than the amounts \nappropriated for such programs and agencies for fiscal year 2015.\n (d) Exemption of Certain Appropriations From Sequestration.--\n (1) In general.--Section 255(g)(1)(A) of the Balanced \n Budget and Emergency Deficit Control Act (2 U.S.C. \n 905(g)(1)(A)) is amended by inserting after ``Advances to the \n Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' \n the following:\n ``Appropriations under the American Cures \n Act.''.\n (2) Applicability.--The amendment made by this section \n shall apply to any sequestration order issued under the \n Balanced Budget and Emergency Deficit Control Act of 1985 (2 \n U.S.C. 900 et seq.) on or after the date of enactment of this \n Act.","summary":"American Cures Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform biomedical research. Adjustments are required for the National Institutes of Health, the Centers for Diseases Control and Prevention, the Department of Defense health program, and the Department of Veterans Affairs medical and prosthetics research program. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.","title":"American Cures Act","text_len":15080,"sum_len":929} {"bill_id":"104_hr1379","text":"SECTION 1. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) the Secretary of Agriculture (referred to in this Act \n as the ``Secretary'') administers the 191,000,000-acre National \n Forest System for multiple uses in accordance with Federal law;\n (2) where suitable, one of the recognized multiple uses for \n National Forest System land is grazing by livestock;\n (3) the Secretary authorizes grazing through the issuance \n of term grazing permits that have terms of not to exceed 10 \n years and that include terms and conditions necessary for the \n proper administration of National Forest System land and \n resources;\n (4) as of the date of enactment of this Act, the Secretary \n has issued approximately 9,000 term grazing permits authorizing \n grazing on approximately 90,000,000 acres of National Forest \n System land;\n (5) of the approximately 9,000 term grazing permits issued \n by the Secretary, approximately one-half have expired or will \n expire by the end of 1996;\n (6) if the holder of an expiring term grazing permit has \n complied with the terms and conditions of the permit and \n remains eligible and qualified, that individual is considered \n to be a preferred applicant for a new term grazing permit in \n the event that the Secretary determines that grazing remains an \n appropriate use of the affected National Forest System land;\n (7) in addition to the approximately 9,000 term grazing \n permits issued by the Secretary, it is estimated that as many \n as 1,600 term grazing permits may be waived by permit holders \n to the Secretary in favor of a purchaser of the permit holder's \n permitted livestock or base property by the end of 1996;\n (8) to issue new term grazing permits, the Secretary must \n comply with the National Environmental Policy Act of 1969 (42 \n U.S.C. 4321 et seq.) and other laws;\n (9) for a large percentage of the grazing permits that will \n expire or be waived to the Secretary by the end of 1996, the \n Secretary has devised a strategy that will result in compliance \n with the National Environmental Policy Act of 1969 and other \n applicable laws (including regulations) in a timely and \n efficient manner and enable the Secretary to issue new term \n grazing permits, where appropriate;\n (10) for a small percentage to the grazing permits that \n will expire or be waived to the Secretary by the end of 1996, \n the strategy will not provide for the timely issuance of new \n term grazing permits; and\n (11) in cases in which ranching operations involve the use \n of a term grazing permit issued by the Secretary, it is \n essential for new term grazing permits to be issued in a timely \n manner for financial and other reasons.\n (b) Purpose.--The purpose of this Act is to ensure that graving \ncontinues without interruption on National Forest System land in a \nmanner that provides long-term protection of the environment and \nimprovement of National Forest System rangeland resources while also \nproviding short-term certainty to holders of expiring term grazing \npermits and purchasers of a permit holder's permitted livestock or base \nproperty.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Expiring term grazing permit.--The term ``expiring term \n grazing permit'' means a term grazing permit--\n (A) that expires in 1995 or 1996; or\n (B) that expired in 1994 and was not replaced with \n a new term grazing permit solely because the analysis \n required by the National Environmental Policy Act of \n 1969 (42 U.S.C. 4321 et seq.) and other applicable laws \n has not been completed.\n (2) Final agency action.--The term ``final agency action'' \n means agency action with respect to which all available \n administrative remedies have been exhausted.\n (3) Term grazing permit.--The term ``term grazing permit'' \n means a term'' grazing permit'' or grazing agreement issued by \n the Secretary under section 402 of the Federal Land Policy and \n Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act \n entitled ``An Act to facilitate and simplify the work of the \n Forest Service, and for other purposes'', approved April 24, \n 1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C. \n 580l), or other law.\n\nSEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS.\n\n (a) In General.--Notwithstanding any other law, the Secretary shall \nissue a new term grazing permit without regard to whether the analysis \nrequired by the National Environmental Policy Act of 1969 (42 U.S.C. \n4321 et seq.) and other applicable laws has been completed, or final \nagency action respecting the analysis has been taken--\n (1) to the holder of an expiring term grazing permit; or\n (2) to the purchaser of a term grazing permit holder's \n permitted livestock or base property if--\n (A) between January 1, 1995, and December 1, 1996, \n the holder has waived the term grazing permit to the \n Secretary pursuant to section 222.3(c)(1)(iv) of title \n 36, Code of Federal Regulations; and\n (B) the purchaser of the term grazing permit \n holder's permitted livestock or base property is \n eligible and qualified to hold a term grazing permit.\n (b) Terms and Conditions.--Except as provided in subsection (c)--\n (1) a new term grazing permit under subsection (a)(1) shall \n contain the same terms and conditions as the expired term \n grazing permit; and\n (2) a new term grazing permit under subsection (a)(2) shall \n contain the same terms and conditions as the waived permit.\n (c) Duration.--\n (1) In general.--A new term grazing permit under subsection \n (a) shall expire on the earlier of--\n (A) the date that is 3 years after the date on \n which it is issued; or\n (B) the date on which final agency action is taken \n with respect to the analysis required by the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et \n seq.) and other applicable laws.\n (2) Final action in less than 3 years.--If final agency \n action is taken with respect to the analysis required by the \n National Environmental Policy Act of 1969 (42 U.S.C. 4321 et \n seq.) and other applicable laws before the date that is 3 years \n after the date on which a new term grazing permit is issued \n under subsection (a), the Secretary shall--\n (A) cancel the new term grazing permit; and\n (B) if appropriate, issue a term grazing permit for \n a term not to exceed 10 years under terms and \n conditions as are necessary for the proper \n administration of National Forest System rangeland \n resources.\n (d) Date of Issuance.--\n (1) Expiration on or before date of enactment.--In the case \n of an expiring term grazing permit that has expired on or \n before the date of enactment of this Act, the Secretary shall \n issue a new term grazing permit under subsection (a)(1) not \n later than 15 days after the date of enactment of this Act.\n (2) Expiration after date of enactment.--In the case of an \n expiring term grazing permit that expires after the date of \n enactment of this Act, the Secretary shall issue a new term \n grazing permit under subsection (a)(1) on expiration of the \n expiring term grazing permit.\n (3) Waived permits.--In the case of a term grazing permit \n waived to the Secretary pursuant to section 222.3(c)(1)(iv) of \n title 36, Code of Federal Regulations, between January 1, 1995, \n and December 31, 1996, the Secretary shall issue a new term \n grazing permit under subsection (a)(2) not later than 60 days \n after the date on which the holder waives a term grazing permit \n to the Secretary.\n\nSEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.\n\n The issuance of a new term grazing permit under section 3(a) shall \nnot be subject to administrative appeal or judicial review.\n\nSEC. 5. REPEAL.\n\n This Act is repealed effective as of January 1, 2001.","summary":"Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits.","title":"To require the Secretary of Agriculture to issue new term permits for grazing on National Forest System lands, to replace previously issued term grazing permits that have expired, soon will expire, or are waived to the Secretary, and for other purposes.","text_len":8843,"sum_len":162} {"bill_id":"110_s2577","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gun Show Background Check Act of \n2008''.\n\nSEC. 2. GUN SHOW BACKGROUND CHECK.\n\n (a) Findings.--Congress finds that--\n (1) approximately 5,200 traditional gun shows are held \n annually across the United States, attracting thousands of \n attendees per show and hundreds of Federal firearms licensees \n and nonlicensed firearms sellers;\n (2) traditional gun shows, as well as flea markets and \n other organized events, at which a large number of firearms are \n offered for sale by Federal firearms licensees and nonlicensed \n firearms sellers, form a significant part of the national \n firearms market;\n (3) firearms and ammunition that are exhibited or offered \n for sale or exchange at gun shows, flea markets, and other \n organized events move easily in and substantially affect \n interstate commerce;\n (4) in fact, even before a firearm is exhibited or offered \n for sale or exchange at a gun show, flea market, or other \n organized event, the gun, its component parts, ammunition, and \n the raw materials from which it is manufactured have moved in \n interstate commerce;\n (5) gun shows, flea markets, and other organized events at \n which firearms are exhibited or offered for sale or exchange, \n provide a convenient and centralized commercial location at \n which firearms may be bought and sold anonymously, often \n without background checks and without records that enable gun \n tracing;\n (6) at gun shows, flea markets, and other organized events \n at which guns are exhibited or offered for sale or exchange, \n criminals and other prohibited persons obtain guns without \n background checks and frequently use guns that cannot be traced \n to later commit crimes;\n (7) since the enactment of the Brady Handgun Violence \n Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993, \n nearly 70,000,000 background checks have been performed by \n Federal firearms licensees, denying guns to 1,360,000 illegal \n buyers;\n (8) many persons who buy and sell firearms at gun shows, \n flea markets, and other organized events cross State lines to \n attend these events and engage in the interstate transportation \n of firearms obtained at these events;\n (9) gun violence is a pervasive, national problem that is \n exacerbated by the availability of guns at gun shows, flea \n markets, and other organized events;\n (10) firearms associated with gun shows have been \n transferred illegally to residents of another State by Federal \n firearms licensees and nonlicensed firearms sellers, and have \n been involved in subsequent crimes including drug offenses, \n crimes of violence, property crimes, and illegal possession of \n firearms by felons and other prohibited persons; and\n (11) Congress has the power, under the interstate commerce \n clause and other provisions of the Constitution of the United \n States, to ensure, by enactment of this Act, that criminals and \n other prohibited persons do not obtain firearms at gun shows, \n flea markets, and other organized events.\n (b) Definitions.--Section 921(a) of title 18, United States Code, \nis amended by adding at the end the following:\n ``(36) Gun show.--The term `gun show' means any event--\n ``(A) at which 50 or more firearms are offered or \n exhibited for sale, transfer, or exchange, if 1 or more \n of the firearms has been shipped or transported in, or \n otherwise affects, interstate or foreign commerce; and\n ``(B) at which--\n ``(i) not fewer than 20 percent of the \n exhibitors are firearm exhibitors;\n ``(ii) there are not fewer than 10 firearm \n exhibitors; or\n ``(iii) 50 or more firearms are offered for \n sale, transfer, or exchange.\n ``(37) Gun show promoter.--The term `gun show promoter' \n means any person who organizes, plans, promotes, or operates a \n gun show.\n ``(38) Gun show vendor.--The term `gun show vendor' means \n any person who exhibits, sells, offers for sale, transfers, or \n exchanges 1 or more firearms at a gun show, regardless of \n whether or not the person arranges with the gun show promoter \n for a fixed location from which to exhibit, sell, offer for \n sale, transfer, or exchange 1 or more firearms.''.\n (c) Regulation of Firearms Transfers at Gun Shows.--\n (1) In general.--Chapter 44 of title 18, United States \n Code, is amended by adding at the end the following:\n``Sec. 932. Regulation of firearms transfers at gun shows\n ``(a) Registration of Gun Show Promoters.--It shall be unlawful for \nany person to organize, plan, promote, or operate a gun show unless \nthat person--\n ``(1) registers with the Attorney General in accordance \n with regulations promulgated by the Attorney General; and\n ``(2) pays a registration fee, in an amount determined by \n the Attorney General.\n ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful \nfor any person to organize, plan, promote, or operate a gun show unless \nthat person--\n ``(1) before commencement of the gun show, verifies the \n identity of each gun show vendor participating in the gun show \n by examining a valid identification document (as defined in \n section 1028(d)(3)) of the vendor containing a photograph of \n the vendor;\n ``(2) before commencement of the gun show, requires each \n gun show vendor to sign--\n ``(A) a ledger with identifying information \n concerning the vendor; and\n ``(B) a notice advising the vendor of the \n obligations of the vendor under this chapter;\n ``(3) notifies each person who attends the gun show of the \n requirements of this chapter, in accordance with such \n regulations as the Attorney General shall prescribe; and\n ``(4) maintains a copy of the records described in \n paragraphs (1) and (2) at the permanent place of business of \n the gun show promoter for such period of time and in such form \n as the Attorney General shall require by regulation.\n ``(c) Responsibilities of Transferors Other Than Licensees.--\n ``(1) In general.--If any part of a firearm transaction \n takes place at a gun show, it shall be unlawful for any person \n who is not licensed under this chapter to transfer a firearm to \n another person who is not licensed under this chapter, unless \n the firearm is transferred through a licensed importer, \n licensed manufacturer, or licensed dealer in accordance with \n subsection (e).\n ``(2) Criminal background checks.--A person who is subject \n to the requirement of paragraph (1)--\n ``(A) shall not transfer the firearm to the \n transferee until the licensed importer, licensed \n manufacturer, or licensed dealer through which the \n transfer is made under subsection (e) makes the \n notification described in subsection (e)(3)(A); and\n ``(B) notwithstanding subparagraph (A), shall not \n transfer the firearm to the transferee if the licensed \n importer, licensed manufacturer, or licensed dealer \n through which the transfer is made under subsection (e) \n makes the notification described in subsection \n (e)(3)(B).\n ``(3) Absence of recordkeeping requirements.--Nothing in \n this section shall permit or authorize the Attorney General to \n impose recordkeeping requirements on any nonlicensed vendor.\n ``(d) Responsibilities of Transferees Other Than Licensees.--\n ``(1) In general.--If any part of a firearm transaction \n takes place at a gun show, it shall be unlawful for any person \n who is not licensed under this chapter to receive a firearm \n from another person who is not licensed under this chapter, \n unless the firearm is transferred through a licensed importer, \n licensed manufacturer, or licensed dealer in accordance with \n subsection (e).\n ``(2) Criminal background checks.--A person who is subject \n to the requirement of paragraph (1)--\n ``(A) shall not receive the firearm from the \n transferor until the licensed importer, licensed \n manufacturer, or licensed dealer through which the \n transfer is made under subsection (e) makes the \n notification described in subsection (e)(3)(A); and\n ``(B) notwithstanding subparagraph (A), shall not \n receive the firearm from the transferor if the licensed \n importer, licensed manufacturer, or licensed dealer \n through which the transfer is made under subsection (e) \n makes the notification described in subsection \n (e)(3)(B).\n ``(e) Responsibilities of Licensees.--A licensed importer, licensed \nmanufacturer, or licensed dealer who agrees to assist a person who is \nnot licensed under this chapter in carrying out the responsibilities of \nthat person under subsection (c) or (d) with respect to the transfer of \na firearm shall--\n ``(1) enter such information about the firearm as the \n Attorney General may require by regulation into a separate \n bound record;\n ``(2) record the transfer on a form specified by the \n Attorney General;\n ``(3) comply with section 922(t) as if transferring the \n firearm from the inventory of the licensed importer, licensed \n manufacturer, or licensed dealer to the designated transferee \n (although a licensed importer, licensed manufacturer, or \n licensed dealer complying with this subsection shall not be \n required to comply again with the requirements of section \n 922(t) in delivering the firearm to the nonlicensed \n transferor), and notify the nonlicensed transferor and the \n nonlicensed transferee--\n ``(A) of such compliance; and\n ``(B) if the transfer is subject to the \n requirements of section 922(t)(1), of any receipt by \n the licensed importer, licensed manufacturer, or \n licensed dealer of a notification from the national \n instant criminal background check system that the \n transfer would violate section 922 or would violate \n State law;\n ``(4) not later than 10 days after the date on which the \n transfer occurs, submit to the Attorney General a report of the \n transfer, which report--\n ``(A) shall be on a form specified by the Attorney \n General by regulation; and\n ``(B) shall not include the name of or other \n identifying information relating to any person involved \n in the transfer who is not licensed under this chapter;\n ``(5) if the licensed importer, licensed manufacturer, or \n licensed dealer assists a person other than a licensee in \n transferring, at 1 time or during any 5 consecutive business \n days, 2 or more pistols or revolvers, or any combination of \n pistols and revolvers totaling 2 or more, to the same \n nonlicensed person, in addition to the reports required under \n paragraph (4), prepare a report of the multiple transfers, \n which report shall be--\n ``(A) prepared on a form specified by the Attorney \n General; and\n ``(B) not later than the close of business on the \n date on which the transfer occurs, forwarded to--\n ``(i) the office specified on the form \n described in subparagraph (A); and\n ``(ii) the appropriate State law \n enforcement agency of the jurisdiction in which \n the transfer occurs; and\n ``(6) retain a record of the transfer as part of the \n permanent business records of the licensed importer, licensed \n manufacturer, or licensed dealer.\n ``(f) Records of Licensee Transfers.--If any part of a firearm \ntransaction takes place at a gun show, each licensed importer, licensed \nmanufacturer, and licensed dealer who transfers 1 or more firearms to a \nperson who is not licensed under this chapter shall, not later than 10 \ndays after the date on which the transfer occurs, submit to the \nAttorney General a report of the transfer, which report--\n ``(1) shall be in a form specified by the Attorney General \n by regulation;\n ``(2) shall not include the name of or other identifying \n information relating to the transferee; and\n ``(3) shall not duplicate information provided in any \n report required under subsection (e)(4).\n ``(g) Firearm Transaction Defined.--In this section, the term \n`firearm transaction'--\n ``(1) includes the offer for sale, sale, transfer, or \n exchange of a firearm; and\n ``(2) does not include the mere exhibition of a firearm.''.\n (2) Penalties.--Section 924(a) of title 18, United States \n Code, is amended by adding at the end the following:\n ``(8)(A) Whoever knowingly violates section 932(a) shall be \n fined under this title, imprisoned not more than 5 years, or \n both.\n ``(B) Whoever knowingly violates subsection (b) or (c) of \n section 932, shall be--\n ``(i) fined under this title, imprisoned not more \n than 2 years, or both; and\n ``(ii) in the case of a second or subsequent \n conviction, fined under this title, imprisoned not more \n than 5 years, or both.\n ``(C) Whoever willfully violates section 932(d), shall be--\n ``(i) fined under this title, imprisoned not more \n than 2 years, or both; and\n ``(ii) in the case of a second or subsequent \n conviction, fined under this title, imprisoned not more \n than 5 years, or both.\n ``(D) Whoever knowingly violates subsection (e) or (f) of \n section 932 shall be fined under this title, imprisoned not \n more than 5 years, or both.\n ``(E) In addition to any other penalties imposed under this \n paragraph, the Attorney General may, with respect to any person \n who knowingly violates any provision of section 932--\n ``(i) if the person is registered pursuant to \n section 932(a), after notice and opportunity for a \n hearing, suspend for not more than 6 months or revoke \n the registration of that person under section 932(a); \n and\n ``(ii) impose a civil fine in an amount equal to \n not more than $10,000.''.\n (3) Technical and conforming amendments.--Chapter 44 of \n title 18, United States Code, is amended--\n (A) in the chapter analysis, by adding at the end \n the following:\n\n``Sec. 932. Regulation of firearms transfers at gun shows.'';\n and\n (B) in the first sentence of section 923(j), by \n striking ``a gun show or event'' and inserting ``an \n event''.\n (d) Inspection Authority.--Section 923(g)(1) is amended by adding \nat the end the following:\n ``(E) Notwithstanding subparagraph (B), the \n Attorney General may enter during business hours the \n place of business of any gun show promoter and any \n place where a gun show is held for the purposes of \n examining the records required by sections 923 and 932 \n and the inventory of licensees conducting business at \n the gun show. Such entry and examination shall be \n conducted for the purposes of determining compliance \n with this chapter by gun show promoters and licensees \n conducting business at the gun show and shall not \n require a showing of reasonable cause or a warrant.''.\n (e) Increased Penalties for Serious Recordkeeping Violations by \nLicensees.--Section 924(a)(3) of title 18, United States Code, is \namended to read as follows:\n ``(3)(A) Except as provided in subparagraph (B), any \n licensed dealer, licensed importer, licensed manufacturer, or \n licensed collector who knowingly makes any false statement or \n representation with respect to the information required by this \n chapter to be kept in the records of a person licensed under \n this chapter, or violates section 922(m) shall be fined under \n this title, imprisoned not more than 1 year, or both.\n ``(B) If the violation described in subparagraph (A) is in \n relation to an offense--\n ``(i) under paragraph (1) or (3) of section 922(b), \n such person shall be fined under this title, imprisoned \n not more than 5 years, or both; or\n ``(ii) under subsection (a)(6) or (d) of section \n 922, such person shall be fined under this title, \n imprisoned not more than 10 years, or both.''.\n (f) Increased Penalties for Violations of Criminal Background Check \nRequirements.--\n (1) Penalties.--Section 924(a) of title 18, United States \n Code, is amended--\n (A) in paragraph (5), by striking ``subsection (s) \n or (t) of section 922'' and inserting ``section \n 922(s)''; and\n (B) by adding at the end the following:\n ``(9) Whoever knowingly violates section 922(t) shall be \n fined under this title, imprisoned not more than 5 years, or \n both.''.\n (2) Elimination of certain elements of offense.--Section \n 922(t)(5) of title 18, United States Code, is amended by \n striking ``and, at the time'' and all that follows through \n ``State law''.\n (g) Effective Date.--This Act and the amendments made by this \nsection shall take effect 180 days after the date of enactment of this \nAct.","summary":"Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors. Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations. Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act. Increases penalties for: (1) serious record-keeping violations by licensees, and (2) violations of criminal background check requirements.","title":"A bill to establish background check procedures for gun shows.","text_len":19277,"sum_len":1026} {"bill_id":"104_s425","text":"SECTION 1. MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL CENTERS.\n\n (a) In General.--Subchapter II of chapter 73 of title 38, United \nStates Code, is amended by adding at the end the following:\n``Sec. 7319. Mental illness research, education, and clinical centers\n ``(a) The purpose of this section is to improve the provision of \nhealth-care services and related counseling services to eligible \nveterans suffering from mental illness, especially mental illness \nrelated to service-related conditions, through research (including \nresearch on improving mental health service facilities of the \nDepartment and on improving the delivery of mental health services by \nthe Department), education and training of personnel, and the \ndevelopment of improved models and systems for the furnishing of mental \nhealth services by the Department.\n ``(b)(1) In order to carry out the purpose of this section, the \nSecretary, upon the recommendation of the Under Secretary for Health \nand pursuant to the provisions of this subsection, shall--\n ``(A) designate not more than five health-care facilities \n of the Department as the locations for a center of research on \n mental health services, on the use by the Department of \n specific models for furnishing such services, on education and \n training, and on the development and implementation of \n innovative clinical activities and systems of care with respect \n to the delivery of such services by the Department; and\n ``(B) subject to the appropriation of funds for such \n purpose, establish and operate such centers at such locations \n in accordance with this section.\n ``(2) The Secretary shall designate at least one facility under \nparagraph (1) not later than January 1, 1996.\n ``(3) The Secretary shall, upon the recommendation of the Under \nSecretary for Health, ensure that the facilities designated for centers \nunder paragraph (1) are located in various geographic regions.\n ``(4) The Secretary may not designate any health-care facility as a \nlocation for a center under paragraph (1) unless--\n ``(A) the peer review panel established under paragraph (5) \n has determined under that paragraph that the proposal submitted \n by such facility as a location for a new center under this \n subsection is among those proposals which have met the highest \n competitive standards of scientific and clinical merit; and\n ``(B) the Secretary, upon the recommendation of the Under \n Secretary for Health, determines that the facility has \n developed (or may reasonably be anticipated to develop)--\n ``(i) an arrangement with an accredited medical \n school which provides education and training in \n psychiatry and with which the facility is affiliated \n under which arrangement residents receive education and \n training in psychiatry through regular rotation through \n the facility so as to provide such residents with \n training in the diagnosis and treatment of mental \n illness;\n ``(ii) an arrangement with an accredited graduate \n school of psychology under which arrangement students \n receive education and training in clinical, counseling, \n or professional psychology through regular rotation \n through the facility so as to provide such students \n with training in the diagnosis and treatment of mental \n illness;\n ``(iii) an arrangement under which nursing, social \n work, or allied health personnel receive training and \n education in mental health care through regular \n rotation through the facility;\n ``(iv) the ability to attract scientists who have \n demonstrated creativity and achievement in research--\n ``(I) into the evaluation of innovative \n approaches to the design of mental health \n services; or\n ``(II) into the causes, prevention, and \n treatment of mental illness;\n ``(v) a policymaking advisory committee composed of \n appropriate mental health-care and research personnel \n of the facility and of the affiliated school or schools \n to advise the directors of the facility and the center \n on policy matters pertaining to the activities of the \n center during the period of the operation of the \n center; and\n ``(vi) the capability to evaluate effectively the \n activities of the center, including activities relating \n to the evaluation of specific efforts to improve the \n quality and effectiveness of mental health services \n provided by the Department at or through individual \n facilities.\n ``(5)(A) In order to provide advice to assist the Under Secretary \nfor Health and the Secretary to carry out their responsibilities under \nthis section, the official within the Central Office of the Veterans \nHealth Administration responsible for mental health and behavioral \nsciences matters shall establish a panel to assess the scientific and \nclinical merit of proposals that are submitted to the Secretary for the \nestablishment of new centers under this subsection.\n ``(B) The membership of the panel shall consist of experts in the \nfields of mental health research, education and training, and clinical \ncare. Members of the panel shall serve as consultants to the Department \nfor a period of no longer than six months.\n ``(C) The panel shall review each proposal submitted to the panel \nby the official referred to in subparagraph (A) and shall submit its \nviews on the relative scientific and clinical merit of each such \nproposal to that official.\n ``(D) The panel shall not be subject to the Federal Advisory \nCommittee Act (5 U.S.C. App.).\n ``(c) Clinical and scientific investigation activities at each \ncenter may compete for the award of funding from amounts appropriated \nfor the Department of Veterans Affairs medical and prosthetics research \naccount and shall receive priority in the award of funding from such \naccount insofar as funds are awarded to projects and activities \nrelating to mental illness.\n ``(d) The Under Secretary for Health shall ensure that at least \nthree centers designated under subsection (b)(1)(A) emphasize research \ninto means of improving the quality of care for veterans suffering from \nmental illness through the development of community-based alternatives \nto institutional treatment for such illness.\n ``(e) The Under Secretary for Health shall ensure that useful \ninformation produced by the research, education and training, and \nclinical activities of the centers established under subsection (b)(1) \nis disseminated throughout the Veterans Health Administration through \npublications and through programs of continuing medical and related \neducation provided through regional medical education centers under \nsubchapter VI of chapter 74 of this title and through other means.\n ``(f) The official within the Central Office of the Veterans Health \nAdministration responsible for mental health and behavioral sciences \nmatters shall be responsible for supervising the operation of the \ncenters established pursuant to subsection (b)(1).\n ``(g)(1) There are authorized to be appropriated for the Department \nof Veterans Affairs for the basic support of the research and education \nand training activities of the centers established pursuant to \nsubsection (b)(1) the following:\n ``(A) $3,125,000 for fiscal year 1996.\n ``(B) $6,250,000 for each of fiscal years 1997 through \n 1999.\n ``(2) In addition to the funds available under the authorization of \nappropriations in paragraph (1), the Under Secretary for Health shall \nallocate to such centers from other funds appropriated generally for \nthe Department of Veterans Affairs medical care account and the \nDepartment of Veterans Affairs medical and prosthetics research account \nsuch amounts as the Under Secretary for Health determines appropriate \nin order to carry out the purposes of this section.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 73 of such title is amended by adding at the end of the matter \nrelating to subchapter II the following:\n\n``7319. Mental illness research, education, and clinical centers.''.\n (c) Reports.--Not later than February 1 of each of 1997, 1998, and \n1999, the Secretary of Veterans Affairs shall submit to the Committees \non Veterans' Affairs of the Senate and House of Representatives a \nreport on the status and activities during the previous fiscal year of \nthe mental illness, research, education, and clinical centers \nestablished pursuant to section 7319 of title 38, United States Code \n(as added by subsection (a)). Each such report shall contain the \nfollowing:\n (1) A description of--\n (A) the activities carried out at each center and \n the funding provided for such activities;\n (B) the advances made at each center in research, \n education and training, and clinical activities \n relating to mental illness in veterans; and\n (C) the actions taken by the Under Secretary for \n Health pursuant to subsection (d) of such section (as \n so added) to disseminate useful information derived \n from such activities throughout the Veterans Health \n Administration.\n (2) The Secretary's evaluations of the effectiveness of the \n centers in fulfilling the purposes of the centers.","summary":"Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental health services research, education and training, and the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department, (2) subject to appropriations, establish and operate such centers, (3) designate one such center by January 1, 1996. And (4) ensure that such centers are located in various geographic regions. Requires the official within the Central Office of the Veterans Health Administration (VHA) responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment. Requires the Under Secretary for Health of the Department to ensure that useful information produced by activities at the centers is disseminated throughout the VHA. Authorizes appropriations. Requires reports.","title":"A bill to amend title 38, United States Code, to require the establishment in the Department of Veterans Affairs of mental illness research, education, and clinical centers, and for other purposes.","text_len":10107,"sum_len":1277} {"bill_id":"108_hr192","text":"SECTION 1. AMENDMENTS TO THE MICROENTERPRISE FOR SELF-RELIANCE ACT OF \n 2000.\n\n (a) Purposes.--Section 103 of the Microenterprise for Self-Reliance \nAct of 2000 (Public Law 106-309) is amended--\n (1) in paragraph (3), by striking ``microentrepreneurs'' and \n inserting ``microenterprise households'';\n (2) in paragraph (4), by striking ``and'' at the end;\n (3) in paragraph (5)--\n (A) by striking ``microfinance policy'' and inserting \n ``microenterprise policy'';\n (B) by striking ``the poorest of the poor'' and inserting \n ``the very poor''; and\n (C) by striking the period at the end and inserting ``; \n and''; and\n (4) by adding at the end the following:\n ``(6) to ensure that in the implementation of this title at \n least 50 percent of all microenterprise assistance under this \n title, and the amendments made under this title, shall be targeted \n to the very poor.''.\n (b) Definitions.--Section 104 of such Act is amended--\n (1) in paragraph (2), by striking ``for microentrepreneurs'' \n and inserting ``to microentrepreneurs and their households''; and\n (2) by adding at the end the following:\n ``(5) Very poor.--The term `very poor' means individuals--\n ``(A) living in the bottom 50 percent below the poverty \n line established by the national government of the country in \n which those individuals live; or\n ``(B) living on the equivalent of less than $1 per day.''.\n\nSEC. 2. AMENDMENTS TO THE MICRO- AND SMALL ENTERPRISE DEVELOPMENT \n CREDITS PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961.\n\n (a) Findings and Policy.--Section 108(a)(2) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2151f(a)(2)) is amended by striking \n``the development of the enterprises of the poor'' and inserting ``the \naccess to financial services and the development of microenterprises''.\n (b) Program.--Section 108(b) of such Act (22 U.S.C. 2151f(b)) is \namended to read as follows:\n ``(b) Program.--To carry out the policy set forth in subsection \n(a), the President is authorized to provide assistance to increase the \navailability of financial services to microenterprise households \nlacking full access to credit, including through--\n ``(1) loans and guarantees to microfinance institutions for the \n purpose of expanding the availability of savings and credit to poor \n and low-income households;\n ``(2) training programs for microfinance institutions in order \n to enable them to better meet the financial services needs of their \n clients; and\n ``(3) training programs for clients in order to enable them to \n make better use of credit, increase their financial literacy, and \n to better manage their enterprises to improve their quality of \n life.''.\n (c) Eligibility Criteria.--Section 108(c) of such Act (22 U.S.C. \n2151f(c)) is amended--\n (1) in the first sentence of the matter preceding paragraph \n (1)--\n (A) by striking ``credit institutions'' and inserting \n ``microfinance institutions''; and\n (B) by striking ``micro- and small enterprises'' and \n inserting ``microenterprise households''; and\n (2) in paragraphs (1) and (2), by striking ``credit'' each \n place it appears and inserting ``financial services''.\n (d) Additional Requirement.--Section 108(d) of such Act (22 U.S.C. \n2151f(d)) is amended by striking ``micro- and small enterprise \nprograms'' and inserting ``programs for microenterprise households''.\n (e) Availability of Funds.--Section 108(f)(1) of such Act (22 \nU.S.C. 2151f(f)(1)) is amended by striking ``for each of fiscal years \n2001 and 2002'' and inserting ``for each of fiscal years 2001 through \n2004''.\n (f) Conforming Amendment.--Section 108 of such Act (22 U.S.C. \n2151f) is amended in the heading to read as follows:\n\n``SEC. 108. MICROENTERPRISE DEVELOPMENT CREDITS.''.\n\nSEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE \n PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961.\n\n (a) Findings and Policy.--Section 131(a) of the Foreign Assistance \nAct of 1961 (22 U.S.C. 2152a(a)) is amended to read as follows:\n ``(a) Findings and Policy.--Congress finds and declares that--\n ``(1) access to financial services and the development of \n microenterprise are vital factors in the stable growth of \n developing countries and in the development of free, open, and \n equitable international economic systems;\n ``(2) it is therefore in the best interest of the United States \n to facilitate access to financial services and assist the \n development of microenterprise in developing countries;\n ``(3) access to financial services and the development of \n microenterprises can be supported by programs providing credit, \n savings, training, technical assistance, business development \n services, and other financial and non-financial services; and\n ``(4) given the relatively high percentage of populations \n living in rural areas of developing countries, and the combined \n high incidence of poverty in rural areas and growing income \n inequality between rural and urban markets, microenterprise \n programs should target both rural and urban poor.''.\n (b) Authorization.--Section 131(b) of such Act (22 U.S.C. 2152a(b)) \nis amended--\n (1) in paragraph (3)(A)(i), by striking ``entrepreneurs'' and \n inserting ``clients''; and\n (2) in paragraph (4)(D)--\n (A) in clause (i), by striking ``very small loans'' and \n inserting ``financial services to poor entrepreneurs''; and\n (B) in clause (ii), by striking ``microfinance'' and \n inserting ``microenterprise''.\n (c) Monitoring System.--Section 131(c) of such Act (22 U.S.C. \n2152a(c)) is amended by striking paragraph (4) and inserting the \nfollowing:\n ``(4) adopts the widespread use of proven and effective poverty \n assessment tools to successfully identify the very poor and ensure \n that they receive needed microenterprise loans, savings, and \n assistance.''.\n (d) Development and Application of Poverty Measurement Methods.--\nSection 131 of such Act (22 U.S.C. 2152a) is amended--\n (1) by redesignating subsections (d) and (e) as subsections (e) \n and (f), respectively; and\n (2) by inserting after subsection (c) the following:\n ``(d) Development and Certification of Poverty Measurement Methods; \nApplication of Methods.--\n ``(1) Development and certification.--(A) The Administrator of \n the United States Agency for International Development, in \n consultation with microenterprise institutions and other \n appropriate organizations, shall develop no fewer than two low-cost \n methods for partner institutions to use to assess the poverty \n levels of their current or prospective clients. The United States \n Agency for International Development shall develop poverty \n indicators that correlate with the circumstances of the very poor.\n ``(B) The Administrator shall field-test the methods developed \n under subparagraph (A). As part of the testing, institutions and \n programs may use the methods on a voluntary basis to demonstrate \n their ability to reach the very poor.\n ``(C) Not later than October 1, 2004, the Administrator shall, \n from among the low-cost poverty measurement methods developed under \n subparagraph (A), certify no fewer than two such methods as \n approved methods for measuring the poverty levels of current or \n prospective clients of microenterprise institutions for purposes of \n assistance under this section.\n ``(2) Application.--The Administrator shall require that, with \n reasonable exceptions, all organizations applying for \n microenterprise assistance under this Act use one of the certified \n methods, beginning no later than October 1, 2005, to determine and \n report the poverty levels of current or prospective clients.''.\n (e) Level of Assistance.--Section 131(e) of such Act, as \nredesignated by subsection (d), is amended by inserting ``and \n$175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year \n2004'' after ``fiscal years 2001 and 2002''.\n (f) Definitions.--Section 131(f) of such Act, as redesignated by \nsubsection (d), is amended by adding at the end the following:\n ``(5) Very poor.--The term `very poor' means those \n individuals--\n ``(A) living in the bottom 50 percent below the poverty \n line established by the national government of the country in \n which those individuals live; or\n ``(B) living on less than the equivalent of $1 per day.''.\n\nSEC. 4. REPORT TO CONGRESS.\n\n (a) In General.--Not later than September 30, 2005, the \nAdministrator of the United States Agency for International Development \nshall submit to Congress a report that documents the process of \ndeveloping and applying poverty assessment procedures with its \npartners.\n (b) Reports for Fiscal Year 2006 and Beyond.--Beginning with fiscal \nyear 2006, the Administrator of the United States Agency for \nInternational Development shall annually submit to Congress on a timely \nbasis a report that addresses the United States Agency for \nInternational Development's compliance with the Microenterprise for \nSelf-Reliance Act of 2000 by documenting--\n (1) the percentage of its resources that were allocated to the \n very poor (as defined in paragraph (5) of section 131(f) of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) based on \n the data collected from its partners using the certified methods; \n and\n (2) the absolute number of the very poor reached.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends the Microenterprise for Self-Reliance Act of 2000 to make as one of its purposes that in implementation of this Act at least 50 percent of all microenterprise assistance be targeted to the very poor, that is, those persons living either in the bottom 50 percent below the poverty line or on less than the equivalent of one dollar per day. Amends the Foreign Assistance Act of 1961 to revise congressional findings and policy with respect to the micro- and small enterprise development credits program to declare that it is in the best interests of the United States to assist the access to financial services and the development of microenterprises in developing countries, and to engage the US private sector in such process. Authorizes the President to provide assistance to increase the availability of financial services to microenterprise households lacking full access to credit, including through: (1) loans and guarantees to microfinance institutions for the purpose of expanding the availability of savings and credit to poor and low-income households. (2) training programs to enable microfinance institutions to better meet the financial services needs of their clients. And (3) training programs to enable clients to make better use of credit, increase their financial literacy, and to better manage their enterprises. Revises program eligibility criteria to require the Administrator of the agency primarily responsible for administering such program to establish criteria for determining which microfinance institutions are eligible to carry out program activities with respect to microenterprise households assisted under this Act. Limits the use of such assistance to support programs for microenterprise households. Authorizes appropriations through FY 2004. Revises congressional findings and policy with respect to the microenterprise development grant assistance program to declare that: (1) access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries, and therefore it is in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries. (2) access to such services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial and non-financial services. And (3) microenterprise programs should target both rural and urban poor given the high percentage of population living, and incidence of poverty, in such areas. Urges the President to continue support for central mechanisms and missions that, among other things, support the development of nonprofit global microfinance networks, including credit union systems, that are able to deliver financial services to poor entrepreneurs through a significant grassroots infrastructure based on market principles, and act as wholesale intermediaries providing a range of services to microenterprise retail institutions. Declares that, in order to maximize the sustainable development impact of microenterprise development grant assistance, the Administrator of the agency primarily responsible for administering such assistance shall establish a monitoring system that, among other things, adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive needed microenterprise loans, savings, and assistance. Requires the Administrator of the US Agency for International Development (AID) to develop and certify no fewer than two low-cost methods for partner institutions to use to assess the poverty levels of their current or prospective clients for purposes of the provision of microenterprise development grant assistance. Directs the Administrator to require all organizations applying for microenterprise assistance under this Act to use one of the certified methods to determine and report the poverty levels of such clients and to demonstrate their ability to reach the very poor. Authorizes appropriations through FY 2004. Directs the Administrator to submit to Congress a report that documents the process of developing and applying poverty assessment procedures with its partners. Directs the Administrator to submit annually to Congress a report that addresses AID's compliance with the Microenterprise for Self-Reliance Act of 2000 by documenting: (1) the percentage of its resources that were allocated to the very poor based on data collected from its partners using the certified methods, and (2) the absolute number of the very poor reached.","title":"To amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance programs under those Acts, and for other purposes.","text_len":10101,"sum_len":4690} {"bill_id":"111_s3474","text":"SECTION 1. SHORT TITLE AND PURPOSES.\n\n (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary \nSpending Act of 2010''.\n (b) Purpose.--The purpose of this Act is to create an optional \nfast-track procedure the President may use when submitting rescission \nrequests, which would lead to an up-or-down vote by Congress on the \nPresident's package of rescissions, without amendment.\n\nSEC. 2. RESCISSIONS OF FUNDING.\n\n The Impoundment Control Act of 1974 is amended by striking part C \nand inserting the following:\n\n ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS\n\n``SEC. 1021. APPLICABILITY AND DISCLAIMER.\n\n ``The rules, procedures, requirements, and definitions in this part \napply only to executive and legislative actions explicitly taken under \nthis part. They do not apply to actions taken under part B or to other \nexecutive and legislative actions not taken under this part.\n\n``SEC. 1022. DEFINITIONS.\n\n ``In this part:\n ``(1) The terms `appropriations Act', `budget authority', \n and `new budget authority' have the same meanings as in section \n 3 of the Congressional Budget Act of 1974.\n ``(2) The terms `account', `current year', `CBO', and `OMB' \n have the same meanings as in section 250 of the Balanced Budget \n and Emergency Deficit Control Act of 1985 as in effect on \n September 30, 2002.\n ``(3) The term `days of session' shall be calculated by \n excluding weekends and national holidays. Any day during which \n a chamber of Congress is not in session shall not be counted as \n a day of session of that chamber. Any day during which neither \n chamber is in session shall not be counted as a day of session \n of Congress.\n ``(4) The term `entitlement law' means the statutory \n mandate or requirement of the United States to incur a \n financial obligation unless that obligation is explicitly \n conditioned on the appropriation in subsequent legislation of \n sufficient funds for that purpose, and the Supplemental \n Nutrition Assistance Program.\n ``(5) The term `funding' refers to new budget authority and \n obligation limits except to the extent that the funding is \n provided for entitlement law.\n ``(6) The term `rescind' means to eliminate or reduce the \n amount of enacted funding.\n ``(7) The terms `withhold' and `withholding' apply to any \n executive action or inaction that precludes the obligation of \n funding at a time when it would otherwise have been available \n to an agency for obligation. The terms do not include \n administrative or preparatory actions undertaken prior to \n obligation in the normal course of implementing budget laws.\n\n``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.\n\n ``(a) Timing.--If the President proposes that Congress rescind \nfunding under the procedures in this part, OMB shall transmit a message \nto Congress containing the information specified in section 1024, and \nthe message transmitting the proposal shall be sent to Congress not \nlater than 45 calendar days after the date of enactment of the funding.\n ``(b) Packaging and Transmittal of Requested Rescissions.--Except \nas provided in subsection (c), for each piece of legislation that \nprovides funding, the President shall request at most 1 package of \nrescissions and the rescissions in that package shall apply only to \nfunding contained in that legislation. OMB shall deliver each message \nrequesting a package of rescissions to the Secretary of the Senate if \nthe Senate is not in session and to the Clerk of the House of \nRepresentatives if the House is not in session. OMB shall make a copy \nof the transmittal message publicly available, and shall publish in the \nFederal Register a notice of the message and information on how it can \nbe obtained.\n ``(c) Special Packaging Rules.--After enactment of--\n ``(1) a joint resolution making continuing appropriations;\n ``(2) a supplemental appropriations bill; or\n ``(3) an omnibus appropriations bill;\ncovering some or all of the activities customarily funded in more than \n1 regular appropriations bill, the President may propose as many as 2 \npackages rescinding funding contained in that legislation, each within \nthe 45-day period specified in subsection (a). OMB shall not include \nthe same rescission in both packages, and, if the President requests \nthe rescission of more than one discrete amount of funding under the \njurisdiction of a single subcommittee, OMB shall include each of those \ndiscrete amounts in the same package.\n\n``SEC. 1024. REQUESTS TO RESCIND FUNDING.\n\n ``For each request to rescind funding under this part, the \ntransmittal message shall--\n ``(1) specify--\n ``(A) the dollar amount to be rescinded;\n ``(B) the agency, bureau, and account from which \n the rescission shall occur;\n ``(C) the program, project, or activity within the \n account (if applicable) from which the rescission shall \n occur;\n ``(D) the amount of funding, if any, that would \n remain for the account, program, project, or activity \n if the rescission request is enacted; and\n ``(E) the reasons the President requests the \n rescission;\n ``(2) designate each separate rescission request by number; \n and\n ``(3) include proposed legislative language to accomplish \n the requested rescissions which may not include--\n ``(A) any changes in existing law, other than the \n rescission of funding; or\n ``(B) any supplemental appropriations, transfers, \n or reprogrammings.\n\n``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.\n\n ``(a) Presidential Authority To Withhold Funding.--Notwithstanding \nany other provision of law and if the President proposes a rescission \nof funding under this part, OMB may, subject to the time limits \nprovided in subsection (c), temporarily withhold that funding from \nobligation.\n ``(b) Expedited Procedures Available Only Once Per Bill.--The \nPresident may not invoke the procedures of this part, or the authority \nto withhold funding granted by subsection (a), on more than 1 occasion \nfor any Act providing funding.\n ``(c) Time Limits.--OMB shall make available for obligation any \nfunding withheld under subsection (a) on the earliest of--\n ``(1) the day on which the President determines that the \n continued withholding or reduction no longer advances the \n purpose of legislative consideration of the rescission request;\n ``(2) starting from the day on which OMB transmitted a \n message to Congress requesting the rescission of funding, 25 \n calendar days in which the House of Representatives has been in \n session or 25 calendar days in which the Senate has been in \n session, whichever occurs second; or\n ``(3) the last day after which the obligation of the \n funding in question can no longer be fully accomplished in a \n prudent manner before its expiration.\n ``(d) Deficit Reduction.--\n ``(1) In general.--Funds that are rescinded under this part \n shall be dedicated only to reducing the deficit or increasing \n the surplus.\n ``(2) Adjustment of levels in the concurrent resolution on \n the budget.--Not later than 5 days after the date of enactment \n of an approval bill as provided under this part, the chairs of \n the Committees on the Budget of the Senate and the House of \n Representatives shall revise allocations and aggregates and \n other appropriate levels under the appropriate concurrent \n resolution on the budget to reflect the repeal or cancellation, \n and the applicable committees shall report revised \n suballocations pursuant to section 302(b), as appropriate.\n\n``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.\n\n ``(a) Preparation of Legislation To Consider a Package of Expedited \nRescission Requests.--\n ``(1) In general.--If the House of Representatives receives \n a package of expedited rescission requests, the Clerk shall \n prepare a House bill that only rescinds the amounts requested \n which shall read as follows:\n ```There are enacted the rescissions numbered [insert \n number or numbers] as set forth in the Presidential message of \n [insert date] transmitted under part C of the Impoundment \n Control Act of 1974 as amended.'\n ``(2) Exclusion procedure.--The Clerk shall include in the \n bill each numbered rescission request listed in the \n Presidential package in question, except that the Clerk shall \n omit a numbered rescission request if the Chairman of the \n Committee on the Budget of the House, after consulting with the \n Chairman of the Committee on the Budget of the Senate, CBO, \n GAO, and the House and Senate committees that have jurisdiction \n over the funding, determines that the numbered rescission does \n not refer to funding or includes matter not permitted under a \n request to rescind funding.\n ``(b) Introduction and Referral of Legislation To Enact a Package \nof Expedited Rescissions.--The majority leader or the minority leader \nof the House or Representatives, or a designee, shall (by request) \nintroduce each bill prepared under subsection (a) not later than 4 days \nof session of the House after its transmittal, or, if no such bill is \nintroduced within that period, any member of the House may introduce \nthe required bill in the required form on the fifth or sixth day of \nsession of the House after its transmittal. If such an expedited \nrescission bill is introduced in accordance with the preceding \nsentence, it shall be referred to the House committee of jurisdiction. \nA copy of the introduced House bill shall be transmitted to the \nSecretary of the Senate, who shall provide it to the Senate committee \nof jurisdiction.\n ``(c) House Report and Consideration of Legislation To Enact a \nPackage of Expedited Rescissions.--The House committee of jurisdiction \nshall report without amendment the bill referred to it under subsection \n(b) not more than 5 days of session of the House after the referral. \nThe committee may order the bill reported favorably, unfavorably, or \nwithout recommendation. If the committee has not reported the bill by \nthe end of the 5-day period, the committee shall be automatically \ndischarged from further consideration of the bill and it shall be \nplaced on the appropriate calendar.\n ``(d) House Motion To Proceed.--\n ``(1) In general.--After a bill to enact an expedited \n rescission package has been reported or the committee of \n jurisdiction has been discharged under subsection (c), it shall \n be in order to move to proceed to consider the bill in the \n House. A Member who wishes to move to proceed to consideration \n of the bill shall announce that fact, and the motion to proceed \n shall be in order only during a time designated by the Speaker \n within the legislative schedule for the next calendar day of \n legislative session or the one immediately following it.\n ``(2) Failure to set time.--If the Speaker does not \n designate a time under paragraph (1), 3 or more calendar days \n of legislative session after the bill has been reported or \n discharged, it shall be in order for any Member to move to \n proceed to consider the bill.\n ``(3) Procedure.--A motion to proceed under this subsection \n shall not be in order after the House has disposed of a prior \n motion to proceed with respect to that package of expedited \n rescissions. The previous question shall be considered as \n ordered on the motion to proceed, without intervening motion. A \n motion to reconsider the vote by which the motion to proceed \n has been disposed of shall not be in order.\n ``(4) Removal from calendar.--If 5 calendar days of \n legislative session have passed since the bill was reported or \n discharged under this subsection and no Member has made a \n motion to proceed, the bill shall be removed from the calendar.\n ``(e) House Consideration.--\n ``(1) Considered as read.--A bill consisting of a package \n of rescissions under this part shall be considered as read.\n ``(2) Points of order.--All points of order against the \n bill are waived, except that a point of order may be made that \n 1 or more numbered rescissions included in the bill would enact \n language containing matter not requested by the President or \n not permitted under this part as part of that package. If the \n Presiding Officer sustains such a point of order, the numbered \n rescission or rescissions that would enact such language are \n deemed to be automatically stripped from the bill and \n consideration proceeds on the bill as modified.\n ``(3) Previous question.--The previous question shall be \n considered as ordered on the bill to its passage without \n intervening motion, except that 4 hours of debate equally \n divided and controlled by a proponent and an opponent are \n allowed, as well as 1 motion to further limit debate on the \n bill.\n ``(4) Motion to reconsider.--A motion to reconsider the \n vote on passage of the bill shall not be in order.\n ``(f) Senate Consideration.--\n ``(1) Referral.--If the House of Representatives approves a \n House bill enacting a package of rescissions, that bill as \n passed by the House shall be sent to the Senate and referred to \n the Senate committee of jurisdiction.\n ``(2) Committee action.--The committee of jurisdiction \n shall report without amendment the bill referred to it under \n this subsection not later than 3 days of session of the Senate \n after the referral. The committee may order the bill reported \n favorably, unfavorably, or without recommendation.\n ``(3) Discharge.--If the committee has not reported the \n bill by the end of the 3-day period, the committee shall be \n automatically discharged from further consideration of the bill \n and it shall be placed on the appropriate calendar.\n ``(4) Motion to proceed.--On the following day and for 3 \n subsequent calendar days in which the Senate is in session, it \n shall be in order for any Senator to move to proceed to \n consider the bill in the Senate. Upon such a motion being made, \n it shall be deemed to have been agreed to and the motion to \n reconsider shall be deemed to have been laid on the table.\n ``(5) Debate.--Debate on the bill in the Senate under this \n subsection, and all debatable motions and appeals in connection \n therewith, shall not exceed 10 hours, equally divided and \n controlled in the usual form. Debate in the Senate on any \n debatable motion or appeal in connection with such a bill shall \n be limited to not more than 1 hour, to be equally divided and \n controlled in the usual form. A motion to further limit debate \n on such a bill is not debatable.\n ``(6) Motions not in order.--A motion to amend such a bill \n or strike a provision from it is not in order. A motion to \n recommit such a bill is not in order.\n ``(g) Senate Point of Order.--It shall not be in order under this \npart for the Senate to consider a bill approved by the House enacting a \npackage of rescissions under this part if any numbered rescission in \nthe bill would enact matter not requested by the President or not \npermitted under this Act as part of that package. If a point of order \nunder this subsection is sustained, the bill may not be considered \nunder this part.''.\n\nSEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Table of Contents.--Section 1(b) of the Congressional Budget \nand Impoundment Control Act of 1974 is amended by striking the matter \nfor part C of title X and inserting the following:\n\n ``PART C--Expedited Consideration of Proposed Rescissions\n\n``Sec. 1021. Applicability and disclaimer.\n``Sec. 1022. Definitions.\n``Sec. 1023. Timing and packaging of rescission requests.\n``Sec. 1024. Requests to rescind funding.\n``Sec. 1025. Grants of and limitations on presidential authority.\n``Sec. 1026. Congressional consideration of rescission requests.''.\n (b) Temporary Withholding.--Section 1013(c) of the Impoundment \nControl Act of 1974 is amended by striking ``section 1012'' and \ninserting ``section 1012 or section 1025''.\n (c) Rulemaking.--\n (1) 904(a).--Section 904(a) of the Congressional Budget Act \n of 1974 is amended by striking ``and 1017'' and inserting \n ``1017, and 1026''.\n (2) 904(d)(1).--Section 904(d)(1) of the Congressional \n Budget Act of 1974 is amended by striking ``1017'' and \n inserting ``1017 or 1026''.\n\nSEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.\n\n (a) In General.--Part A of the Impoundment Control Act of 1974 is \namended by inserting at the end the following:\n\n``SEC. 1002. SEVERABILITY.\n\n ``If the judicial branch of the United States finally determines \nthat 1 or more of the provisions of parts B or C violate the \nConstitution of the United States, the remaining provisions of those \nparts shall continue in effect.''.\n (b) Table of Contents.--Section 1(b) of the Congressional Budget \nand Impoundment Control Act of 1974 is amended by inserting at the end \nof the matter for part A of title X the following:\n\n``Sec. 1002. Severability.''.\n\nSEC. 5. EXPIRATION.\n\n Part C of the Impoundment Control Act of 1974 (as amended by this \nAct) shall expire on December 31, 2014.","summary":"Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions.","title":"A bill to provide an optional fast-track procedure the President may use when submitting rescission requests, and for other purposes.","text_len":18425,"sum_len":810} {"bill_id":"103_hr4565","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Travel Cost Reduction \nAct''.\n\nSEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES.\n\n (a) In General.--Chapter 57 of title 5, United States Code, is \namended by inserting after section 5709 the following new section:\n``Sec. 5710. Business accounts for air travel\n ``(a) The General Services Administration or any agency entering \ninto a contract with an air carrier for travel on official business--\n ``(1) subject to the provisions of paragraph (2), shall \n include as a term of such contract that such air carrier \n shall--\n ``(A) establish a separate air travel business \n account for any employee, designated by the head of the \n agency employing such employee, for travel on official \n business by such employee on such air carrier;\n ``(B) deposit any award or bonus by such air \n carrier awarded to such employee for travel on official \n business into the employee's air travel business \n account; and\n ``(C) apply any such award or bonus from such \n employee's air travel business account to any travel on \n official business by such employee on such air carrier \n except that such awards or bonuses shall not be used \n for seating upgrades; and\n ``(2) may include as a term of such contract, as an \n alternative to the term required under paragraph (1), that such \n air carrier shall--\n ``(A) establish an air travel business account for \n any office or administrative unit of an agency, as \n designated by the head of such agency, for travel on \n official business by employees of such office or \n administrative unit on such air carrier;\n ``(B) deposit any award or bonus by such air \n carrier awarded to any employee of such office or \n administrative unit for travel on official business \n into the air travel business account of such office or \n administrative unit; and\n ``(C) apply any such award or bonus from the air \n travel business account of such office or \n administrative unit to any travel on official business \n by any employee of such office or administrative unit \n except that such awards or bonuses shall not be used \n for seating upgrades.\n ``(b) All air travel business accounts established under this \nsection shall be separate from any personal account of an employee. Any \naward or bonus from an air travel business account may be used only for \ntravel on official business except that such awards shall not be used \nfor seating upgrades.\n ``(c) To the greatest extent practicable, the General Services \nAdministration shall include the term described under subsection (a)(2) \nin a contract to maximize travel costs savings.\n ``(d) The General Services Administration shall promulgate \nregulations to carry out the provisions of this section. Such \nregulations shall include a requirement that, to the greatest extent \npracticable to maximize travel costs savings, employees shall--\n ``(1) travel on official business with air carriers \n awarding awards and bonuses for official business travel, \n regardless of whether such travel is on an air carrier under a \n contract described under this section; and\n ``(2)(A) participate in any program of such air carrier \n awarding awards and bonuses; and\n ``(B) use such awards and bonuses for only official \n business travel except that such awards shall not be used for \n seating upgrades.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 57 of title 5, United States Code, is amended by inserting \nafter the item relating to section 5709 the following new item:\n\n``5710. Business accounts for air travel.''.\n\nSEC. 3. APPLICATION TO THE CONGRESS.\n\n (a) In General.--No later than 180 days after the date of the \nenactment of this Act, the Committee on Rules and Administration of the \nSenate and the Committee on Administration of the House of \nRepresentatives shall promulgate regulations relating to Members of \nCongress and any employee whose pay is disbursed by the Secretary of \nthe Senate or the Clerk of the House of Representatives, respectively, \nthat--\n (1) require any Member of the Senate, officer of the \n Senate, Member of the House of Representatives, or officer of \n the House of Representatives who enters into a contract with an \n air carrier for travel on official business by a Member or \n employee--\n (A) subject to the provisions of subparagraph (B), \n shall include as a term of such contract that such air \n carrier shall--\n (i) establish a separate air travel \n business account for any Member or employee, \n designated by the applicable Member or \n employing committee or office of such employee, \n for travel on official business by such Member \n or employee on such air carrier;\n (ii) deposit any award or bonus by such air \n carrier awarded to such Member or employee for \n travel on official business into the Member's \n or employee's air travel business account; and\n (iii) apply any such award or bonus from \n such Member's or employee's air travel business \n account to any travel on official business by \n such Member or employee on such air carrier \n except that such awards or bonuses shall not be \n used for seating upgrades; and\n (B) may include as a term of such contract, as an \n alternative to the term required under subparagraph \n (A), that such air carrier shall--\n (i) establish an air travel business \n account for any committee or office as \n designated by the applicable Member, committee, \n or office, for travel on official business by \n Members or employees of such committee or \n office on such air carrier;\n (ii) deposit any award or bonus by such air \n carrier awarded to any Member or employee of \n such committee or office for travel on official \n business into the air travel business account \n of such committee or office; and\n (iii) apply any such award or bonus from \n the air travel business account of such \n committee or office to any travel on official \n business by any Member or employee of such \n committee or office except that such awards or \n bonuses shall not be used for seating upgrades; \n and\n (2) to the greatest extent practicable to maximize travel \n costs savings, require committees and offices (including \n Members' offices)--\n (A) to enter into contracts with air carriers \n awarding awards and bonuses for official business \n travel; and\n (B) to require Members and employees to--\n (i) travel on official business with air \n carriers awarding awards and bonuses for \n official business travel, regardless of whether \n such travel is on an air carrier under a \n contract described under this section; and\n (ii)(I) participate in any program of such \n air carrier awarding awards and bonuses; and\n (II) use such awards and bonuses for only \n official business travel except that such \n awards or bonuses shall not be used for seating \n upgrades.\n (b) Separate Business Accounts.--All air travel business accounts \nestablished under this section shall be separate from any personal \naccount of a Member or employee. Any award or bonus from an air travel \nbusiness account may be used only for travel on official business \nexcept that such awards or bonuses shall not be used for seating \nupgrades.\n (c) Committee and Office Accounts.--To the greatest extent \npracticable, any Member of Congress or officer of the Congress entering \ninto a contract as provided under this section shall include the term \ndescribed under subsection (a)(1)(B) to maximize costs savings.","summary":"Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business. And (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier.","title":"Government Travel Cost Reduction Act","text_len":9348,"sum_len":443} {"bill_id":"103_s1132","text":"SECTION 1. SHORT TITLE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Fair Trade in \nMotor Vehicle Parts Act of 1993''.\n (b) Definitions.--For purposes of this Act--\n (1) Motor vehicle and motor vehicle parts.--\n (A) The term ``motor vehicle'' means any article of \n a kind described in heading 8703 or 8704 of the \n Harmonized Tariff Schedule of the United States.\n (B) The term ``motor vehicle parts'' means articles \n of a kind described in the following provisions of the \n Harmonized Tariff Schedule of the United States if \n suitable for use in the manufacture or repair of motor \n vehicles:\n (i) Subheadings 8407.31.00 through \n 8407.34.20 (relating to spark-ignition \n reciprocating or rotary internal combustion \n piston engines).\n (ii) Subheading 8408.20 (relating to the \n compression-ignition internal combustion \n engines).\n (iii) Subheading 8409 (relating to parts \n suitable for use solely or principally with \n engines described in clauses (i) and (ii)).\n (iv) Subheading 8483 (relating to \n transmission shafts and related parts).\n (v) Subheadings 8706.00.10 and 8706.00.15 \n (relating to chassis fitted with engines).\n (vi) Heading 8707 (relating to motor \n vehicle bodies).\n (vii) Heading 8708 (relating to bumpers, \n brakes and servo brakes, gear boxes, drive \n axles, nondriving axles, road wheels, \n suspension shock absorbers, radiators, mufflers \n and exhaust pipes, clutches, steering wheels, \n steering columns, steering boxes, and other \n parts and accessories of motor vehicles).\n The Secretary shall by regulation include as motor \n vehicle parts such other articles (described by \n classification under such Harmonized Tariff Schedule) \n that the Secretary considers appropriate to carry out \n this Act.\n (2) United states motor vehicle parts manufacturer.--The \n term ``United States motor vehicle parts manufacturer'' means a \n manufacturer of motor vehicle parts that--\n (A) has one or more motor vehicle parts \n manufacturing facilities located within the United \n States, and\n (B)(i) is not owned or controlled by a natural \n person who is a citizen of a deficit foreign country; \n and\n (ii) is not owned or controlled by a corporation or \n other legal entity, wherever located, which is owned or \n controlled by--\n (I) natural persons who are citizens of a \n deficit foreign country, or\n (II) another corporation or other legal \n entity that is owned or controlled by natural \n persons who are citizens of a deficit foreign \n country.\n (3) United states motor vehicle parts.--The term ``United \n States motor vehicle parts'' means motor vehicle parts produced \n by United States motor vehicle parts manufacturers in the \n United States.\n (4) Deficit foreign country.--The term ``deficit foreign \n country'' means any country with which the United States \n merchandise trade balance with respect to motor vehicle parts \n was in deficit in an amount of $5,000,000,000 or more for each \n of the 3 most recent calendar years for which data are \n available.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (6) Trade representative.--The term ``Trade \n Representative'' means the United States Trade Representative.\n\n TITLE I--TRADE REMEDY ACTIONS\n\nSEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF \n UNITED STATES-MADE MOTOR VEHICLE PARTS.\n\n (a) In General.--On the 45th day after the date of the enactment of \nthis Act, any act, policy, or practice of a deficit foreign country \nthat adversely affects the access to such country's market of motor \nvehicle parts produced by United States motor vehicle parts \nmanufacturers (including, but not limited to, any act, policy, or \npractice utilized in such country's motor vehicle distribution system) \nshall, for purposes of title III of the Trade Act of 1974, be \nconsidered as an act, policy, or practice of a foreign country that is \nunjustifiable and burdens or restricts United States commerce. The \nTrade Representative shall immediately proceed to determine, in \naccordance with section 304(a)(1)(B) of such Act, what action to take \nunder section 301(a) of such Act to obtain the elimination of such act, \npolicy, or practice.\n (b) Negotiation Agenda.--If the Trade Representative decides to \ntake action referred to in section 301(c)(1)(C) of the Trade Act of \n1974 with respect to an act, policy, or practice referred to in \nsubsection (a), the agenda for negotiations shall include--\n (1) guarantees for sales in the deficit foreign country's \n market of motor vehicle parts produced in the United States by \n United States motor vehicle parts manufacturers in an aggregate \n amount equal to the percentage of such market that would be \n held by motor vehicle parts produced by United States motor \n vehicle parts manufacturers if the unfair act, policy, or \n practice did not exist;\n (2) the elimination or modification of the aspects of the \n deficit foreign country's motor vehicle distribution system \n (and any other act, policy, or practice) that act as a barrier \n to the access to the foreign country's market of motor vehicle \n parts produced in the United States by United States motor \n vehicle parts manufacturers; and\n (3) the establishment of procedures for the exchange of \n information between the appropriate agencies of the United \n States and the deficit foreign country's government that will \n permit an accurate assessment of bilateral trade in motor \n vehicle parts, particularly with respect to the purchase of \n motor vehicle parts produced in the United States by United \n States motor vehicle parts manufacturers for use by foreign \n sources in the foreign country's market.\n (c) Additional Estimates and Consequential Effect.--\n (1) Estimate.--If the Trade Representative decides to take \n action under section 301(c)(1)(C) of the Trade Act of 1974, the \n Trade Representative shall promptly estimate, on the basis of \n the best information available--\n (A) the percentage share of the deficit foreign \n country's market for motor vehicle parts that is \n currently accounted for by motor vehicle parts produced \n in the United States by United States motor vehicle \n parts manufacturers;\n (B) the percentage share of the deficit foreign \n country's market for motor vehicle parts which would be \n accounted for by United States motor vehicle parts if \n an act, policy, or practice referred to in subsection \n (a) did not exist; and\n (C) the dollar value of the difference between the \n percentage shares estimated under subparagraphs (A) and \n (B).\n (2) Subsequent action.--If the negotiations referred to in \n subsection (b) are unsuccessful, any action subsequently taken \n under section 301 of the Trade Act of 1974 in response to the \n deficit foreign country's acts, policies, or practices shall be \n substantially equivalent to the dollar value estimated under \n paragraph (1)(C).\n\nSEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF \n DEFICIT FOREIGN COUNTRIES.\n\n Not later than 60 days after the date of the enactment of this Act, \nthe Secretary shall commence an investigation under section 732(a) of \nthe Tariff Act of 1930 to determine if imports of motor vehicle parts \ninto the United States that are products of any deficit foreign \ncountry, or sales (or the likelihood of sales) of such parts for \nimportation into the United States, constitute grounds for the \nimposition of antidumping duties under section 731 of such Act.\n\n TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT\n\nSEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT.\n\n (a) In General.--Section 2125 of the Fair Trade in Auto Parts Act \nof 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993'' \nand inserting ``December 31, 1998''.\n (b) Functions of Secretary of Commerce.--Section 2123(b) of the \nFair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) is amended by \nstriking ``and'' at the end of paragraph (6), by striking the period at \nthe end of paragraph (7) and inserting ``; and'', and by adding at the \nend the following new paragraph:\n ``(8) coordinate--\n ``(A) United States policy regarding auto parts and \n the market for auto parts; and\n ``(B) the sharing of data and market information \n among the relevant departments and agencies of the \n United States Government, including the Department of \n the Treasury, the Department of Justice, the Department \n of Commerce, and the Office of the United States Trade \n Representative.''.\n (c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act \nof 1988 (15 U.S.C. 4701 note) is amended--\n (1) by striking ``For purposes of'' and inserting ``(a) \n Japanese Markets.--For purposes of'';\n (2) by adding at the end the following new subsection:\n ``(b) Other Definitions.--For purposes of this part:\n ``(1) The term `auto parts and accessories' has the meaning \n given the term `motor vehicle parts' in section 1(b)(1)(B) of \n the Fair Trade in Motor Vehicle Parts Act of 1993.\n ``(2) The term `United States auto parts manufacturer' \n means a manufacturer of auto parts that--\n ``(A) has one or more auto parts manufacturing \n facilities located within the United States, and\n ``(B)(i) is not owned or controlled by a natural \n person who is a citizen of Japan; and\n ``(ii) is not owned or controlled by a corporation \n or other legal entity, wherever located, which is owned \n or controlled by--\n ``(I) natural persons who are citizens of \n Japan, or\n ``(II) another corporation or other legal \n entity that is owned or controlled by natural \n persons who are citizens of Japan.\n ``(3) The terms `United States-made auto parts and \n accessories' and `United States-made auto parts' have the \n meaning given the term `United States motor vehicle parts' in \n section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of \n 1993.''; and\n (3) by striking ``definition'' in the heading and inserting \n ``definitions''.","summary":"TABLE OF CONTENTS: Title I: Trade Remedy Actions Title II: Extension and Modification of Fair Trade in Auto Parts Act Fair Trade in Motor Vehicle Parts Act of 1993 - Title I: Trade Remedy Actions - Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of US motor vehicle parts shall, for purposes of 301 action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts US commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice. Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of US motor vehicle parts. (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to US motor vehicle parts. And (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by US motor vehicle parts. Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales of such imports, constitute grounds for the imposition of antidumping duties. Title II: Extension and Modification of Fair Trade in Auto Parts Act - Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) US policy regarding auto parts and the market for auto parts by the Japanese. And (2) the sharing of data and market information among US agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR.","title":"Fair Trade in Motor Vehicle Parts Act of 1993","text_len":12145,"sum_len":2078} {"bill_id":"103_hr3294","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Frontline Medical Education Act''.\n\nSEC. 2. INCLUDING SERVICES OF INTERNS AND RESIDENTS AT ANY FEDERALLY-\n QUALIFIED HEALTH CENTER UNDER ANY PROGRAM PAID FOR BY A \n HOSPITAL IN DETERMINING MEDICARE PAYMENTS FOR GRADUATE \n MEDICAL EDUCATION.\n\n (a) Payment for Direct Costs of Graduate Medical Education.--\nSection 1886(h)(4)(E) of the Social Security Act (42 U.S.C. \n1395ww(h)(4)(E)) is amended by striking ``setting.'' and inserting the \nfollowing: ``setting (or, in the case of activities performed at an \nFederally-qualified health center described in section 1861(aa)(4), if \nthe hospital incurs any of the costs for the training program at such \ncenter and reimburses the center for any of the costs of the program \nthat the center incurs).''.\n (b) Payment for Indirect Costs of Graduate Medical Education.--\nSection 1886(d)(5)(B)(iv) of such Act (42 U.S.C. 1395ww(d)(5)(B)(iv)), \nas amended by section 13506 of the Omnibus Budget Reconciliation Act of \n1993, is amended--\n (1) by striking ``entity receiving a grant'' and all that \n follows through ``control of the hospital'' and inserting \n ``Federally-qualified health center described in section \n 1861(aa)(4)'';\n (2) by striking ``all, or substantially all, of the costs'' \n and inserting ``any of the costs''; and\n (3) by striking ``residents)'' and inserting ``residents \n and reimburses the center for any of the costs of the program \n that the center incurs)''.\n (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to services furnished during cost reporting periods \nbeginning on or after October 1, 1994.\n\nSEC. 3. MEDICARE PAYMENT FOR DIRECT MEDICAL EDUCATION COSTS OF \n FEDERALLY-QUALIFIED HEALTH CENTERS.\n\n (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. \n1395 et seq.) is amended by inserting after section 1889 the following \nnew section:\n\n ``graduate medical education payments for federally-qualified health \n centers\n\n ``Sec. 1890. (a) In General.--Notwithstanding any other provision \nof this title, in the case of any Federally-qualified health center \nthat participates in an approved medical residency training program, in \naddition to any other payments that may be made to the center under \nthis title, the Secretary shall provide for payment to the center for \ndirect graduate medical education costs in accordance with subsection \n(b).\n ``(b) Determination of Amount of Payment.--\n ``(1) In general.--Subject to paragraph (4), the amount of \n payment made to a Federally-qualified health center under this \n section for direct medical education for a fiscal year is equal \n to the product of--\n ``(A) the aggregate approved amount (as defined in \n paragraph (2)) for the year; and\n ``(B) the center's medicare patient load (as \n defined in subsection (d)(2)) for the year.\n ``(2) Aggregate approved amount.--In paragraph (1), the \n term `aggregate approved amount' means, for a fiscal year, the \n product of--\n ``(A) the approved FTE resident amount (determined \n under paragraph (3)) for the year; and\n ``(B) the weighted average number of full-time \n equivalent residents (as determined by the Secretary in \n a manner similar to the manner used to determine the \n number of such residents under section 1886(h)(4)) \n providing services for the center under the approved \n medical residency training program in which the center \n participates during the year.\n ``(3) Determination of approved fte resident amount.--\n ``(A) In general.--For each approved medical \n residency training program, the Secretary shall \n determine an approved FTE resident amount for each \n fiscal year (beginning with fiscal year 1995) equal to \n 250 percent of the national average salary for the year \n (as defined in subparagraph (B)(ii)).\n ``(B) Determination of national average salary.--\n ``(i) Determination of base amount.--The \n Secretary shall determine a base salary amount \n equal to the Secretary's estimate (using the \n most recent available audited cost reports) of \n the national average salary, including fringe \n benefits, for a full-time-equivalent resident \n in an approved medical residency training \n program during fiscal year 1990, increased (in \n a compounded manner) by the sum of the \n estimated percentage changes in the consumer \n price index during the 12-month periods between \n the midpoint of fiscal year 1990 and the \n midpoint of fiscal year 1994.\n ``(ii) National average salary defined.--In \n this paragraph, the `national average salary' \n for a fiscal year is equal to--\n ``(I) for fiscal year 1995, the \n base amount determined under clause (i) \n updated through the midpoint of the \n year by projecting the estimated \n percentage change in the consumer price \n index during the 12-month period ending \n at that midpoint (with appropriate \n adjustments to reflect previous under- \n or over-estimations under this \n subparagraph in the projected \n percentage change in the consumer price \n index); and\n ``(II) for a subsequent fiscal \n year, the amount determined under this \n clause for the previous fiscal year \n updated through the midpoint of the \n year by projecting the estimated \n percentage change in the consumer price \n index during the 12-month period ending \n at that midpoint (with appropriate \n adjustments to reflect previous under- \n or over-estimations under this \n subparagraph in the projected \n percentage change in the consumer price \n index).\n ``(4) Offset for reimbursement received directly through \n hospitals.--The amount of payment made to a Federally-qualified \n health center under this subsection with respect to costs \n incurred by the center shall be reduced by the amount of any \n payment received by the center from a hospital under section \n 1886(d)(5)(B)(iv) or section 1886(h)(4)(E) as reimbursement for \n such costs.\n ``(c) Allocation of Payments Among Trust Funds.--In providing for \npayments under this section, the Secretary shall provide for an \nallocation of such payments between part A and part B (and the trust \nfunds established under the respective parts) as reasonably reflects \nthe proportion of direct graduate medical costs of Federally-qualified \nhealth centers associated with the provision of services under each \nrespective part.\n ``(d) Definitions.--In this section:\n ``(1) The terms `approved medical residency training \n program', `consumer price index', `direct graduate medical \n education costs', and `resident' have the meaning given such \n terms under section 1886(h)(5).\n ``(2) The term `Federally-qualified health center' has the \n meaning given such term under section 1861(aa)(4).\n ``(3) The term `medicare patient load' means, with respect \n to a Federally-qualified health center for a year, the fraction \n of the center's services during the year which are attributable \n to individuals entitled to benefits under this title (based on \n such measure of services as the Secretary determines to be \n appropriate for purposes of this section).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to services furnished during cost reporting periods beginning on \nor after October 1, 1994.\n\nSEC. 4. REPEAL OF APPLICATION OF PRODUCTIVITY SCREENS FOR CENTERS \n RECEIVING PAYMENTS FOR MEDICAL EDUCATION.\n\n Section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)) \nis amended by adding at the end the following new paragraph:\n ``(8)(A) In the case of a Federally-qualified health center \nreceiving any medical education payment described in subparagraph (B) \nduring a cost reporting period, the Secretary shall waive the \napplication of any screening guideline used to determine the \nproductivity of practitioners providing services at the center for \npurposes of paragraph (3) or (4).\n ``(B) A medical education payment described in this subparagraph is \na payment made to a Federally-qualified health center--\n ``(i) by a hospital as reimbursement to the center for \n medical education costs, as described in section \n 1886(d)(5)(B)(iv) or section 1886(h)(4)(E); or\n ``(ii) by the Secretary under section 1890.''.","summary":"Frontline Medical Education Act - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) services of interns and residents at federally-qualified health centers and Medicare payments for graduate medical education. (2) Medicare payment for direct graduate medical education costs of such centers. And (3) waiver of the application of productivity screens for such centers receiving medical education payments.","title":"Frontline Medical Education Act","text_len":10058,"sum_len":432} {"bill_id":"110_hr2460","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Energy Price Protection \nAct''.\n\nSEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING.\n\n It shall be unlawful for any supplier to increase the price at \nwhich that supplier sells, or offers to sell, crude oil, gasoline, or \npetroleum distillates in an area covered by a Presidential proclamation \nissued under section 4(a)(1) by an unconscionable amount during the \nperiod beginning on the date the proclamation is issued and ending on \nthe date specified in the proclamation.\n\nSEC. 3. JUSTIFIABLE PRICE INCREASES.\n\n (a) In General.--The prohibition in section 2 does not apply to the \nextent that the increase in the price of the crude oil, gasoline, or \npetroleum distillate is substantially attributable to--\n (1) an increase in the wholesale cost of crude oil, \n gasoline, or petroleum distillates to a supplier;\n (2) an increase in the replacement costs for crude oil, \n gasoline, or petroleum distillate sold;\n (3) an increase in operational costs; or\n (4) local, regional, national, or international market \n conditions.\n (b) Other Mitigating Factors.--In determining whether a violation \nof section 2 has occurred, there also shall be taken into account, \namong other factors, the price that would reasonably equate supply and \ndemand in a competitive and freely functioning market and whether the \nprice at which the crude oil, gasoline, or petroleum distillate was \nsold reasonably reflects other additional costs or risks, not within \nthe control of the seller, that were paid or incurred by the seller.\n\nSEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS.\n\n (a) Presidential Emergency Proclamations.--The President may issue \nan emergency proclamation when an abnormal market disruption has \noccurred or is reasonably expected to occur.\n (b) Scope and Duration.--\n (1) In general.--The emergency proclamation or order shall \n specify with particularity--\n (A) the period for which the proclamation or order \n applies;\n (B) the event, circumstance, or condition that is \n the reason such a proclamation or order is determined \n to be necessary; and\n (C) the geographic area or region to which it \n applies.\n (2) Limitations.--An emergency proclamation or an order \n under subsection (a)--\n (A) may not apply for a period of more than 30 \n consecutive days (renewable for a consecutive period of \n not more than 30 days); and\n (B) may apply to a period of not more than 7 days \n preceding the occurrence of an event, circumstance, or \n condition that is the reason such a proclamation or \n order is necessary.\n\nSEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.\n\n (a) Unfair or Deceptive Act or Practice.--Section 2 of this Act \nshall be treated as a violation of a rule defining an unfair or \ndeceptive act or practice prescribed under section 18(a)(1)(B) of the \nFederal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Actions by the Commission.--The Commission shall prevent any \nsupplier from violating this Act in the same manner, by the same means, \nand with the same jurisdiction, powers, and duties as though all \napplicable terms and provisions of the Federal Trade Commission Act (15 \nU.S.C. 41 et seq.) were incorporated into and made a part of this Act. \nAny entity that violates any provision of this Act is subject to the \npenalties and entitled to the privileges and immunities provided in the \nFederal Trade Commission Act in the same manner, by the same means, and \nwith the same jurisdiction, power, and duties as though all applicable \nterms and provisions of the Federal Trade Commission Act were \nincorporated into and made a part of this Act.\n (c) Regulations.--Not later than 180 days after the date of \nenactment of this Act, the Federal Trade Commission shall prescribe \nsuch regulations as may be necessary or appropriate to implement this \nAct.\n\nSEC. 6. PENALTIES.\n\n (a) Civil Penalty.--\n (1) In general.--In addition to any penalty applicable \n under the Federal Trade Commission Act any supplier who \n violates this Act is punishable by a civil penalty of--\n (A) not more than $500,000, in the case of an \n independent small business marketer of gasoline (within \n the meaning of section 324(c) of the Clean Air Act (42 \n U.S.C. 7625(c)); and\n (B) not more than $5,000,000 in the case of any \n other supplier.\n (2) Method of assessment.--The penalty provided by \n paragraph (1) shall be assessed in the same manner as civil \n penalties imposed under section 5 of the Federal Trade \n Commission Act (15 U.S.C. 45).\n (3) Multiple offenses; mitigating factors.--In assessing \n the penalty provided by subsection (a)--\n (A) the Commission shall take into consideration \n the seriousness of the violation and the efforts of the \n supplier committing the violation to remedy the harm \n caused by the violation in a timely manner; and\n (B) each determination that the price at which \n crude oil, gasoline, or other petroleum distillate has \n been sold or offered for sale in an area and during a \n period covered by a proclamation or order issued under \n section 4 was increased by an unconscionable amount \n shall be treated as a single violation.\n (b) Criminal Penalty.--\n (1) In general.--In addition to any penalty applicable \n under the Federal Trade Commission Act, the violation of this \n Act is punishable by a fine of not more than $1,000,000, \n imprisonment for not more than 2 years, or both.\n (2) Enforcement.--The criminal penalty provided by \n paragraph (1) may be imposed only pursuant to a criminal action \n brought by the Attorney General or other officer of the \n Department of Justice.\n\nSEC. 7. LOW INCOME ENERGY ASSISTANCE.\n\n Amounts collected in fines and penalties under section 6 of this \nAct shall be deposited in a separate fund in the treasury to be known \nas the Consumer Relief Trust Fund. To the extent provided for in \nadvance in appropriations Acts fund shall be used to provide assistance \nunder the Low Income Home Energy Assistance Program administered by the \nSecretary of Health and Human Services.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Abnormal market disruption.--The term ``abnormal market \n disruption'' means there is a reasonable likelihood that, in \n the absence of a proclamation under section 4(a), there will be \n an increase in the average price of crude oil, gasoline, or \n petroleum distillates as a result of a change in the market, \n whether actual or imminently threatened, resulting from extreme \n weather, a natural disaster, strike, civil disorder, war, \n military action, a national or local emergency, or other \n similar cause, that adversely affects the availability or \n delivery of crude oil, gasoline, or petroleum distillates.\n (2) Supplier.--The term ``supplier'' means any person \n engaged in the trade or business of selling, reselling, at \n retail or wholesale, or distributing crude oil, gasoline, or \n petroleum distillates.\n (3) Replacement costs.--The term ``replacement costs'' \n means, with respect to a supplier to whom sections 2 and 3 \n apply, costs to that supplier determined by referencing \n either--\n (A) the actual or reasonably anticipated \n replacement cost as evidenced by bills of sale, \n invoices, or other appropriate documentation; or\n (B) the cost for crude oil, gasoline, or other \n petroleum distillates in the relevant market at the \n time of the sale or offer for sale that is the subject \n of a violation of section 2, plus actual storage, \n transportation, and delivery costs.\n (4) Unconscionable amount.--The term ``unconscionable \n amount'' means, with respect to any supplier to whom section 2 \n applies, a significant increase in the price at which crude \n oil, gasoline, or petroleum distillates are sold or offered for \n sale by that supplier that increases the price, for the same \n grade of crude oil, gasoline, or petroleum distillate, to an \n amount that--\n (A) substantially exceeds the average price at \n which crude oil, gasoline, or petroleum distillates \n were sold or offered for sale by that supplier during \n the 30-day period immediately preceding the sale or \n offer;\n (B) substantially exceeds the average price at \n which crude oil, gasoline, or petroleum distillates \n were sold or offered for sale by that person's \n competitors in the area and during the period for which \n the emergency proclamation applies; and\n (C) cannot be justified by taking into account the \n factors described in section 3.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall take effect on the date on which a final rule issued \nby the Federal Trade Commission under section 5(c) is published in the \nFederal Register.","summary":"Federal Energy Price Protection Act - Prohibits a supplier from increasing the price for crude oil, gasoline, or petroleum distillates by an unconscionable amount in an area during the period covered by a Presidential proclamation that an abnormal market disruption has occurred. States that such prohibition does not apply to the extent that the price increase is substantially attributable to: (1) an increase in the wholesale cost of crude oil, gasoline, or petroleum distillates to a supplier. (2) an increase in the replacement costs for crude oil, gasoline, or petroleum distillate sold, (3) an increase in operational costs. Or (4) local, regional, national, or international market conditions. States that a violation of this Act shall: (1) be treated as a violation of a rule defining an unfair or deceptive act or practice of the Federal Trade Commission Act. And (2) be subject to civil and criminal penalties. States that fines and penalties collected under this Act shall be deposited in the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services.","title":"To protect the welfare of consumers by prohibiting price gouging by merchants with respect to gasoline and other fuels during certain abnormal market disruptions.","text_len":9879,"sum_len":1174} {"bill_id":"114_hr3213","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fixed Asset Relief Act of 2015''.\n\nSEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT.\n\n (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of \n1986 is amended by striking ``50 percent'' and inserting ``100 \npercent''.\n (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code \nof 1986 is amended to read as follows:\n ``(2) Qualified property.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified property' \n means property--\n ``(i)(I) to which this section applies \n which has a recovery period of 20 years or \n less,\n ``(II) which is computer software (as \n defined in section 167(f)(1)(B)) for which a \n deduction is allowable under section 167(a) \n without regard to this subsection,\n ``(III) which is water utility property, or\n ``(IV) which is qualified leasehold \n improvement property, and\n ``(ii) the original use of which commences \n with the taxpayer.\n ``(B) Exception for alternative depreciation \n property.--The term `qualified property' shall not \n include any property to which the alternative \n depreciation system under subsection (g) applies, \n determined--\n ``(i) without regard to paragraph (7) of \n subsection (g) (relating to election to have \n system apply), and\n ``(ii) after application of section 280F(b) \n (relating to listed property with limited \n business use).\n ``(C) Special rules.--\n ``(i) Sale-leasebacks.--For purposes of \n clause (ii) and subparagraph (A)(ii), if \n property is--\n ``(I) originally placed in service \n by a person, and\n ``(II) sold and leased back by such \n person within 3 months after the date \n such property was originally placed in \n service,\n such property shall be treated as originally \n placed in service not earlier than the date on \n which such property is used under the leaseback \n referred to in subclause (II).\n ``(ii) Syndication.--For purposes of \n subparagraph (A)(ii), if--\n ``(I) property is originally placed \n in service by the lessor of such \n property,\n ``(II) such property is sold by \n such lessor or any subsequent purchaser \n within 3 months after the date such \n property was originally placed in \n service (or, in the case of multiple \n units of property subject to the same \n lease, within 3 months after the date \n the final unit is placed in service, so \n long as the period between the time the \n first unit is placed in service and the \n time the last unit is placed in service \n does not exceed 12 months), and\n ``(III) the user of such property \n after the last sale during such 3-month \n period remains the same as when such \n property was originally placed in \n service,\n such property shall be treated as originally \n placed in service not earlier than the date of \n such last sale.\n ``(D) Coordination with section 280f.--For purposes \n of section 280F--\n ``(i) Automobiles.--In the case of a \n passenger automobile (as defined in section \n 280F(d)(5)) which is qualified property, the \n Secretary shall increase the limitation under \n section 280F(a)(1)(A)(i) by $8,000.\n ``(ii) Listed property.--The deduction \n allowable under paragraph (1) shall be taken \n into account in computing any recapture amount \n under section 280F(b)(2).\n ``(iii) Inflation adjustment.--In the case \n of any taxable year beginning in a calendar \n year after 2015, the $8,000 amount in clause \n (i) shall be increased by an amount equal to--\n ``(I) such dollar amount, \n multiplied by\n ``(II) the automobile price \n inflation adjustment determined under \n section 280F(d)(7)(B)(i) for the \n calendar year in which such taxable \n year begins by substituting `2014' for \n `1987' in subclause (II) thereof.\n If any increase under the preceding sentence is \n not a multiple of $100, such increase shall be \n rounded to the nearest multiple of $100.\n ``(E) Deduction allowed in computing minimum tax.--\n For purposes of determining alternative minimum taxable \n income under section 55, the deduction under section \n 167 for qualified property shall be determined without \n regard to any adjustment under section 56.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2014.","summary":"Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance from 50 to 100 of the adjusted basis of qualifying business property and to make such increased allowance permanent.","title":"Fixed Asset Relief Act of 2015","text_len":6703,"sum_len":240} {"bill_id":"112_s908","text":"SECTION 1. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE \n STATE OF OREGON.\n\n Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. \n711e) is amended by adding at the end the following:\n ``(f) Treatment of Certain Property.--\n ``(1) In general.--The Secretary may accept title to any \n additional number of acres of real property located within the \n boundaries of the original 1855 Siletz Coast Reservation \n established by Executive Order dated November 9, 1855, \n comprised of land within the political boundaries of Benton, \n Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the \n State of Oregon, if that real property is conveyed or otherwise \n transferred to the United States by or on behalf of the tribe.\n ``(2) Treatment as part of reservation.--Subject to \n paragraph (3), all real property that is taken into trust under \n paragraph (1) shall--\n ``(A) be considered and evaluated as an on-\n reservation acquisition under part 151.10 of title 25, \n Code of Federal Regulations (or successor regulations); \n and\n ``(B) become part of the reservation of the tribe.\n ``(3) Approval of county governments.--\n ``(A) Definition of county.--In this paragraph, the \n term `County' means the following counties in the State \n of Oregon:\n ``(i) Benton County.\n ``(ii) Douglas County.\n ``(iii) Lane County.\n ``(iv) Lincoln County.\n ``(v) Tillamook County.\n ``(vi) Yamhill County.\n ``(B) Notification to secretary.--\n ``(i) Opt-in.--\n ``(I) In general.--Subject to \n clause (iii), any real property taken \n into trust under this subsection shall \n be considered and evaluated as an on-\n reservation acquisition under part \n 151.10 of title 25, Code of Federal \n Regulations (or successor regulations), \n if the Board of County Commissioners or \n other appropriate County executive of \n the County in which the real property \n is located submits to the Secretary \n written approval of that consideration \n and evaluation in the form of a \n resolution or other appropriate \n governing document.\n ``(II) Action by secretary.--If a \n Board of County Commissioners or other \n appropriate County executive submits \n written approval to the Secretary under \n subclause (I), the Secretary shall \n consider and evaluate in accordance \n with subclause (I) any real property \n taken into trust in that County under \n this subsection by not later than 30 \n days after the date on which the \n Secretary receives the written \n approval.\n ``(ii) Other acquisitions.--If a Board of \n County Commissioners or other appropriate \n County executive does not submit written \n approval to the Secretary under subclause (I), \n any real property taken into trust in that \n County under this subsection shall be \n considered and evaluated under the appropriate \n provisions of part 151 of title 25, Code of \n Federal Regulations (or successor regulations), \n as determined by the Secretary.\n ``(iii) Opt-out.--\n ``(I) In general.--A Board of \n County Commissioners or other \n appropriate County executive that \n submits written approval to the \n Secretary under clause (i)(I) may \n revoke that approval by submitting to \n the Secretary written documentation of \n the revocation in the form of a \n resolution or other appropriate \n governing document for--\n ``(aa) any real property \n taken into trust in that County \n under this subsection; or\n ``(bb) a specific \n transaction in which real \n property is taken into trust in \n that County under this \n subsection.\n ``(II) No retroactivity.--Any \n revocation submitted under subclause \n (I) shall apply only to real property \n that is taken into trust on or after \n the date on which the Secretary \n receives the revocation.\n ``(III) Action by secretary.--\n ``(aa) In general.--If a \n Board of County Commissioners \n or other appropriate County \n executive submits a revocation \n to the Secretary under \n subclause (I)(aa), the \n Secretary shall consider and \n evaluate any real property \n taken into trust in that County \n under the appropriate \n provisions of part 151 of title \n 25, Code of Federal Regulations \n (or successor regulations), as \n determined by the Secretary, by \n not later than 30 days after \n the date on which the Secretary \n receives the revocation.\n ``(bb) Specific \n transactions.--If a Board of \n County Commissioners or other \n appropriate County executive \n submits a revocation to the \n Secretary under subclause \n (I)(bb), the Secretary shall \n consider and evaluate that \n specific transaction in which \n real property is taken into \n trust in that County under this \n subsection under the \n appropriate provisions of part \n 151 of title 25, Code of \n Federal Regulations (or \n successor regulations), as \n determined by the Secretary, \n beginning on the date on which \n the Secretary receives the \n revocation.\n ``(4) Prohibition on gaming.--Any real property taken into \n trust under paragraph (1) shall not be eligible, or used, for \n any gaming activity carried out under the Indian Gaming \n Regulatory Act (25 U.S.C.A. 2701 et seq.).''.","summary":"Amends the Siletz Tribe Indian Restoration Act to authorize the Secretary of the Interior to take into trust for the Siletz Tribe additional lands that lie within the original 1855 Siletz Coast Reservation and are located in Benton, Douglas, Lane, Lincoln, Tillamook, or Yamhill County in Oregon. Requires such land to be considered and evaluated as an on-reservation acquisition and become part of the Tribe's reservation if the county in which the land is located submits a written approval of such evaluation and consideration to the Secretary. Prohibits gaming on lands taken into trust pursuant to this Act.","title":"A bill to provide for the addition of certain real property to the reservation of the Siletz Tribe in the State of Oregon.","text_len":8929,"sum_len":612} {"bill_id":"107_hr335","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Advisory Commission on Tax \nReform and Simplification Act of 2001''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to establish a commission to study and \nreport back to Congress recommendations on simplifying, reforming, or \nreplacing the Internal Revenue Code of 1986.\n\nSEC. 3. FINDINGS.\n\n The Congress finds the following:\n (1) The Internal Revenue Code of 1986 is overly complex, \n imposes significant burdens on individuals, businesses, and the \n economy, is extremely difficult for the Internal Revenue \n Service to administer, and is in need of fundamental reform and \n simplification.\n (2) Many of the problems encountered by taxpayers in \n dealing with the Internal Revenue Service--especially those \n arising from misunderstandings of the Code--could be eliminated \n or alleviated by fundamental reform and simplification.\n (3) The Internal Revenue Service faces continual difficulty \n in administering an overly lengthy, complex, and confusing tax \n code.\n (4) Taxpayers and tax experts have repeatedly called for a \n simplification of the current tax code.\n (5) The complexity of the current code places a significant \n burden on individual filers, including extensive record \n keeping, time requirements to prepare returns, gaining an \n understanding of the exemptions for which they may qualify, and \n other burdens. This has forced the majority of taxpayers to \n turn to tax professionals to prepare their tax returns.\n (6) Congress is continually modifying and correcting the \n Code, leading to annual uncertainty and only adding to the \n patchwork of complexity and confusion.\n (7) The Federal Government's present fiscal outlook for \n continuing and sustained budget surpluses provides a unique \n opportunity for the Congress to consider measures for \n fundamental reform and simplification of the tax laws.\n (8) Recent efforts to simplify or reform the tax laws have \n not been successful due in part to the difficulty of developing \n broad-based, nonpartisan support for proposals to make such \n changes.\n\nSEC. 4. ESTABLISHMENT OF A NATIONAL COMMISSION ON TAX REFORM AND \n SIMPLIFICATION.\n\n (a) In General.--To carry out the purposes of this Act, there is \nestablished within the legislative branch a National Advisory \nCommission on Tax Reform and Simplification (in this Act referred to as \nthe ``Commission''), comprised of 15 members. The membership of the \nCommission shall be as follows:\n (1) 3 members appointed by the President, 2 from the \n executive branch of the Government and 1 from private life.\n (2) 4 members appointed by the majority leader of the \n Senate, 1 from Members of the Senate and 3 from private life.\n (3) 2 members appointed by the minority leader of the \n Senate, 1 from Members of the Senate and 1 from private life.\n (4) 4 members appointed by the Speaker of the House of \n Representatives, 1 from Members of the House of Representatives \n and 3 from private life.\n (5) 2 members appointed by the minority leader of the House \n of Representatives, 1 from Members of the House of \n Representatives and 1 from private life.\n (b) Sense of Congress.--It is the sense of Congress that the \nPresident and congressional leadership should draw from a number of \nimportant areas of expertise in composing the Commission, including tax \nexperts familiar with corporate tax issues, international tax issues, \nsmall business tax issues, and family and individual tax issues.\n (c) Appointments.--Appointments to the Commission shall be made not \nlater than 45 days after the date of the enactment of this Act.\n\nSEC. 5. RULES OF THE COMMISSION.\n\n (a) Quorum.--Nine members of the Commission shall constitute a \nquorum for conducting the business of the Commission.\n (b) Initial Meeting.--If, after 60 days from the date of the \nenactment of this Act, 5 or more members of the Commission have been \nappointed, members who have been appointed may meet and select the \nChair (or Co-chairs) who thereafter shall have the authority to begin \nthe operations of the Commission, including the hiring of staff.\n (c) Rules.--The Commission may adopt such other rules as it \nconsiders appropriate.\n (d) Vacancies.--Any vacancy in the Commission shall not affect its \npowers, but shall be filled in the same manner in which the original \nappointment was made. Any meeting of the Commission or any subcommittee \nthereof may be held in executive session to the extent that the Chair \n(Co-Chairs, if elected) or a majority of the members of the Commission \nor subcommittee determine appropriate.\n (e) Continuation of Membership.--Any individual who appointed a \nmember to the Commission by virtue of holding a position described in \nsection 4 ceases to hold such position before the report of the \nCommission is submitted, that member may continue as a member for not \nlonger than the 30-day period beginning on the date that such \nindividual ceases to hold such position.\n\nSEC. 6. DUTIES OF THE COMMISSION.\n\n (a) In General.--The duties of the Commission shall include--\n (1) to conduct, for a period of not to exceed 18 months \n from the date of its first meeting, the review described in \n subsection (b); and\n (2) to submit to the Congress a report of the results of \n such review, including recommendations for fundamental reform \n and simplification of the Internal Revenue Code of 1986, as \n described in section 10.\n (b) Review and Issuing Proposals.--The Commission shall review and, \nwhen applicable, issue proposals on--\n (1) the present structure and provisions of the Internal \n Revenue Code of 1986, especially with respect to--\n (A) its impact on the economy (including the impact \n on savings, capital formation, capital investment, and \n international trade);\n (B) its impact on families and the workforce \n (including issues relating to distribution of tax \n burden and impact on small businesses);\n (C) the predictability of the tax code from year to \n year;\n (D) the compliance cost to taxpayers and \n businesses; and\n (E) the ability of the Internal Revenue Service to \n administer such provisions;\n (2) whether tax systems imposed under the laws of other \n countries could provide more efficient, simple, and fair \n methods of funding the revenue requirements of the Government;\n (3) whether the income tax should be replaced with a tax \n imposed in a different manner or on a different base; and\n (4) whether the Internal Revenue Code of 1986 can be \n simplified, absent wholesale restructuring or replacement \n thereof.\n\nSEC. 7. POWERS OF THE COMMISSION.\n\n (a) In General.--The Commission or, on the authorization of the \nCommission, any subcommittee or member thereof, may, for the purpose of \ncarrying out the provisions of this Act, hold such hearings and sit and \nact at such times and places, take such testimony, receive such \nevidence, and administer such oaths, as the Commission or such \ndesignated subcommittee or designated member may deem advisable.\n (b) Contracting.--The Commission may, to such extent and in such \namounts as are provided in appropriation Acts, enter into contracts to \nenable the Commission to discharge its duties under this Act.\n (c) Assistance From Federal Agencies and Offices.--\n (1) Information.--The Commission is authorized to secure \n directly from any executive department, bureau, agency, board, \n commission, office, independent establishment, or \n instrumentality of the Government, as well as from any \n committee or other office of the legislative branch, such \n information, suggestions, estimates, and statistics as it \n requires for the purposes of its review and report. Each such \n department, bureau, agency, board, commission, office, \n establishment, instrumentality, or committee shall, to the \n extent not prohibited by law, furnish such information, \n suggestions, estimates, and statistics directly to the \n Commission, upon request made by the Chair (Co-chairs, if \n elected).\n (2) Treasury department.--The Secretary of the Treasury is \n authorized on a nonreimbursable basis to provide the Commission \n with administrative services, funds, facilities, staff, and \n other support services for the performance of the Commission's \n functions.\n (3) General services administration.--The Administrator of \n General Services shall provide to the Commission on a \n nonreimbursable basis such administrative support services as \n the Commission may request.\n (4) Joint committee on taxation.--The staff of the Joint \n Committee on Taxation is authorized on a nonreimbursable basis \n to provide the Commission with such legal, economic, or policy \n analysis, including revenue estimates, as the Commission may \n request.\n (5) Other assistance.--In addition to the assistance set \n forth in paragraphs (1), (2), (3), and (4), departments and \n agencies of the United States are authorized to provide to the \n Commission such services, funds, facilities, staff, and other \n support services as they may deem advisable and as may be \nauthorized by law.\n (6) Postal services.--The Commission may use the United \n States mails in the same manner and under the same conditions \n as departments and agencies of the United States.\n (7) Gifts.--The Commission may accept, use, and dispose of \n gifts or donations of services or property in carrying out its \n duties under this Act.\n\nSEC. 8. STAFF OF THE COMMISSION.\n\n (a) In General.--The Chair (Co-Chairs, if elected), in accordance \nwith rules agreed upon by the Commission, may appoint and fix the \ncompensation of a staff director and such other personnel as may be \nnecessary to enable the Commission to carry out its functions without \nregard to the provisions of title 5, United States Code, governing \nappointments in the competitive service, and without regard to the \nprovisions of chapter 51 and subchapter III or chapter 53 of such title \nrelating to classification and General Schedule pay rates, except that \nno rate of pay fixed under this subsection may exceed the equivalent of \nthat payable to a person occupying a position at level V of the \nExecutive Schedule under section 5316 of title 5, United States Code. \nAny Federal Government employee may be detailed to the Commission \nwithout reimbursement from the Commission, and such detailee shall \nretain the rights, status, and privileges of his or her regular \nemployment without interruption.\n (b) Consultant Services.--The Commission is authorized to procure \nthe services of experts and consultants in accordance with section 3109 \nof title 5, United States Code, but at rates not to exceed the daily \nrate paid a person occupying a position at level IV of the Executive \nSchedule under section 5315 of title 5, United States Code.\n\nSEC. 9. COMPENSATION AND TRAVEL EXPENSES.\n\n (a) Compensation.--\n (1) In general.--Except as provided in paragraph (2), each \n member of the Commission may be compensated at not to exceed \n the daily equivalent of the annual rate of basic pay in effect \n for a position at level IV of the Executive Schedule under \n section 5315 of title 5, United States Code, for each day \n during which that member is engaged in the actual performance \n of the duties of the Commission.\n (2) Exception.--Members of the Commission who are officers \n or employees of the United States or Members of Congress shall \n receive no additional pay on account of their service on the \n Commission.\n (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the Commission, members \nof the Commission shall be allowed travel expenses, including per diem \nin lieu of subsistence, in the same manner as persons employed \nintermittently in the Government service are allowed expenses under \nsection 5703(b) of title 5, United States Code.\n\nSEC. 10. REPORT OF THE COMMISSION; TERMINATION.\n\n (a) Report.--Not later than 18 months after the date of the first \nmeeting of the Commission, the Commission shall submit a report to the \nCommittee on Ways and Means of the House of Representatives and the \nCommittee on Finance of the Senate. The report of the Commission shall \ndescribe the results of its review under section 6(b), shall make such \nrecommendations for fundamental reform and simplification of the \nInternal Revenue Code of 1986 as the Commission considers appropriate, \nand shall describe the expected impact of such recommendations on the \neconomy and progressivity and general administrability of the tax laws.\n (b) Termination.--\n (1) In general.--The Commission, and all the authorities of \n this Act, shall terminate on the date which is 90 days after \n the date on which the report is required to be submitted under \n subsection (a).\n (2) Concluding activities.--The Commission may use the 90-\n day period referred to in paragraph (1) for the purposes of \n concluding its activities, including providing testimony to \n committees of Congress concerning its report and disseminating \n that report.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for the activities of the \nCommission. Until such time as funds are specifically appropriated for \nsuch activities, $2,000,000 shall be available from fiscal year 2001 \nfunds appropriated to the Department of the Treasury, ``Departmental \nOffices'' account, for the activities of the Commission, to remain \navailable until expended.","summary":"National Advisory Commission on Tax Reform and Simplification Act of 2001 - Establishes within the legislative branch a National Advisory Commission on Tax Reform and Simplification which shall review and, when applicable, issue proposals on: (1) the present structure and provisions of the Internal Revenue Code. (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government. (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base. And (4) whether the Internal Revenue Code can be simplified, absent wholesale restructuring or replacement. Authorizes appropriations for the Commission. Terminates the Commission after the submission of a report.","title":"To provide for the establishment of a commission to review and make recommendations to Congress on the reform and simplification of the Internal Revenue Code of 1986.","text_len":14629,"sum_len":814} {"bill_id":"103_hr2064","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Defense Reinvestment and High-Tech \nJob Creation Act of 1993''.\n\nSEC. 2. DEFENSE CONVERSION CREDIT.\n\n (a) General Rule.--Section 46 of the Internal Revenue Code of 1986 \n(relating to amount of investment credit) is amended--\n (1) by striking ``and'' at the end of paragraph (2),\n (2) by striking the period at the end of paragraph (3) and \n inserting ``, and'', and\n (3) by adding at the end thereof the following new \n paragraph:\n ``(4) the defense conversion credit.''\n (b) Defense Conversion Credit.--Section 48 of such Code is amended \nby adding at the end thereof the following new subsection:\n ``(c) Defense Conversion Credit.--\n ``(1) In general.--For purposes of section 46, the defense \n conversion credit for any taxable year is the sum of--\n ``(A) the defense conversion employment credit for \n the taxable year, and\n ``(B) the defense conversion investment credit for \n the taxable year.\n ``(2) Defense conversion employment credit.--\n ``(A) In general.--The defense conversion \n employment credit for any taxable year is 10 percent of \n the qualified wages paid or incurred by a qualified \n employer during such year.\n ``(B) Qualified wages.--For purposes of this \n subsection--\n ``(i) In general.--The term `qualified \n wages' means the wages (as defined in clause \n (ii)) paid or incurred by the qualified \n employer during the taxable year to, and \n amounts paid or incurred by the qualified \n employer to third parties for retraining \n expenses with respect to, qualified conversion \n employees during the period commencing on July \n 31, 1993, and ending on December 31, 1995 (`the \n qualified period').\n ``(ii) Wages defined.--Except as provided \n in subparagraph (C)(ii), the term `wages' has \n the meaning given to such term by subsection \n (b) of section 3306 (determined without regard \n to any dollar limitation contained in such \n section), but the amount of wages during any \n taxable year which may be taken into account \n with respect to any individual shall not exceed \n 25 percent of the wages (determined without \n regard to this subsection) paid to such \n individual during such taxable year or portion \n thereof included within the qualified period.\n ``(iii) Retraining expenses.--The term \n `retraining expenses' includes all amounts paid \n or incurred with respect to educational or \n training programs in which a qualified \n conversion employee participates to learn or \n improve skills necessary or useful to such \n employee's employment in the qualified \n employer's nondefense-related business.\n ``(C) Qualified conversion employees.--\n ``(i) In general.--For purposes of this \n subsection, the term `qualified conversion \n employees' means an employee of a qualified \n employer who had been employed by the qualified \n employer or another employer in a defense-\n related business and who is employed by the \n qualified employer in a nondefense-related \n business during the taxable year.\n ``(ii) Proration in case of dual \n employment.--If a qualified conversion employee \n is employed by the qualified employer in both a \n defense-related business and a nondefense-\n related business during the taxable year, only \n the portion of the employee's wages properly \n allocable to employment in the nondefense-\n related business shall be treated as `wages' \n for purposes of subparagraph (B)(ii).\n ``(D) Qualified employer.--For purposes of this \n paragraph, a qualified employer is an employer which is \n engaged in a qualified business (as defined in \n paragraph (3)(D)).\n ``(3) Defense conversion investment credit.--\n ``(A) In general.--The defense conversion \n investment credit for any taxable year is the \n applicable percentage of the qualified conversion \n investment by a qualified business during the taxable \n year.\n ``(B) Applicable percentage.--For purposes of this \n paragraph--\n ``(i) In general.--The applicable \n percentage shall be 7 percent for all taxable \n years ending after December 31, 1992, and on or \n before December 31, 1994, and shall be 5 \n percent for all taxable years ending after \n December 31, 1994, and on or before December \n 31, 1999.\n ``(ii) Incremental employment incentive \n percentage.--The applicable percentage shall be \n 10 percent for any taxable year ending after \n December 31, 1992, and on or before December \n 31, 1994, and shall be 8 percent for any \n taxable year ending after December 31, 1994, \n and on or before December 31, 1999, if in such \n year the number of employees of the qualified \n business increases 4 percent or more over the \n average number of employees of the qualified \n business during the 3 preceding years (the \n `qualifying increase').\n ``(iii) Recapture in case of decreased \n employment.--If a qualified business claims the \n benefit of the incremental employment incentive \n percentage under clause (ii), and its average \n employment during any of the 3 years following \n the year in which the benefit of the increased \n percentage was claimed falls below the \n qualifying increase level (a `disqualifying \n decrease'), the qualified business shall \n increase its tax liability for the year during \n which the disqualifying decrease occurred by \n the difference between the credit to which it \n would have been entitled under clause (i) and \n the credit claimed under clause (ii).\n ``(C) Qualified conversion investment.--For \n purposes of this paragraph--\n ``(i) In general.--The term `qualified \n conversion investment' means the costs paid or \n incurred by a qualified business during the \n taxable year for the purpose of acquiring, \n constructing, creating, or developing any \n tangible or intangible assets, in connection \n with the conduct of the qualified business' \n nondefense-related business, except that such \n term shall not include direct production costs \n of any property held by the qualified business \n for sale to customers in the ordinary course of \n its trade or business.\n ``(ii) Intangible assets.--The term \n `intangible assets' includes all `intangible \n property' as defined in section 936(h)(3)(B) \n (other than literary, musical or artistic \n compositions) and specifically includes \n processes and products, models, and prototypes.\n ``(D) Qualified business.--For purposes of this \n subsection and pursuant to regulations to be prescribed \n by the Secretary--\n ``(i) In general.--The term `qualified \n business' means any corporation, partnership, \n or sole proprietorship or separate unit thereof \n in existence on January 1, 1993, which derived \n a substantial portion of its gross receipts or \n incurred a substantial portion of its gross \n costs during the 5 years preceding January 1, \n 1993, from 1 or more defense-related \n businesses, and which derives a significant \n portion of its gross receipts from (or incurs a \n significant amount of costs in acquiring or \n developing) 1 or more nondefense-related \n businesses during the taxable year.\n ``(ii) Defense-related business.--A \n `defense-related business' is an activity in \n connection with the development or production \n (pursuant to a contract or subcontract) of any \n property designed, modified, or equipped for \n military purposes (including NASA).\n ``(iii) Nondefense-related business.--A \n `nondefense-related business' is any activity \n in connection with the development or \n production of any property not designed, \n modified, or equipped for military purposes \n which uses a significant portion of assets and \n employees which had been employed in a defense-\n related business.''\n (c) Accelerated Depreciation of Excess Defense Conversion \nProperty.--\n (1) Subsection (b)(3) of section 168 of such Code is \n amended by adding at the end thereof the following new \n subparagraph:\n ``(F) Property described in subsection \n (e)(3)(B)(vii).''\n (2) Subsection (e)(3)(B) of section 168 of such Code is \n amended by striking ``and'' at the end of clause (v), by \n striking the period at the end of clause (vi) and inserting ``, \n and'', and by adding at the end thereof the following new \n clause:\n ``(vii) any qualifying excess defense \n conversion property.''\n (3) Subsection (i) of section 168 of such Code is amended \n by adding at the end thereof the following new paragraph:\n ``(14) Qualifying excess defense conversion property.--\n ``(A) The term `qualifying excess defense \n conversion property' means, with respect to property \n owned or leased by the taxpayer and otherwise subject \n to depreciation under this section and which is `excess \n defense conversion property' (as defined in \n subparagraph (B)), the basis of property (or the \n portion thereof) constituting excess defense conversion \n property owned by the taxpayer or the total discounted \n cost of lease obligations during the remaining term of \n the lease applicable to excess conversion property \n leased by the taxpayer.\n ``(B) The term `excess defense conversion property' \n means property that--\n ``(i) has been used by the taxpayer in a \n defense-related business (as defined in section \n 48(c)(3)(D)); and\n ``(ii) is not being used in the taxable \n year, and is not reasonably expected to be used \n in the foreseeable future, in a defense-related \n business.\n ``(C) Any deductions claimed by a taxpayer with \n respect to property reported on its return as \n qualifying excess defense conversion property and which \n is later determined as not constituting excess defense \n conversion property shall be recaptured at the rate of \n 150 percent of the deductions so claimed.\n ``(D) For purposes of this section, the amount of \n the property's basis constituting qualifying excess \n defense conversion property shall be considered to be \n placed in service on the first day of the taxable year \n in which the property is determined to constitute \n qualifying excess defense conversion property.''\n (d) Effective Date.--The amendments made by this section shall take \neffect on July 31, 1993.","summary":"Defense Reinvestment and High-Tech Job Creation Act of 1993 - Amends the Internal Revenue Code to allow a tax credit for defense conversion equal to the defense conversion employment credit and the defense conversion investment credit . Makes qualified excess defense conversion property eligible for the straight-line depreciation method and classifies it as five-year depreciable property.","title":"Defense Reinvestment and High-Tech Job Creation Act of 1993","text_len":14163,"sum_len":391} {"bill_id":"105_s1141","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Biodiesel Energy \nDevelopment Act of 1997''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--ALTERNATIVE FUELS--GENERAL\n\nSec. 101. Definitions.\nSec. 102. Amendments to the Energy Policy and Conservation Act.\nSec. 103. Minimum Federal fleet requirement.\n TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS\n\nSec. 201. State and local incentives programs.\nSec. 202. Alternative fuel bus program.\nSec. 203. Alternative fuel use in nonroad vehicles, engines, and marine \n vessels.\n TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE \n FUELS, AND ALTERNATIVE FUELED VEHICLES\n\nSec. 301. Mandate for alternative fuel providers.\nSec. 302. Replacement fuel supply and demand program.\nSec. 303. Modification of goals; additional rulemaking authority.\nSec. 304. Fleet requirement program.\nSec. 305. Credits.\nSec. 306. Secretary's recommendation to Congress.\n\n TITLE I--ALTERNATIVE FUELS--GENERAL\n\nSEC. 101. DEFINITIONS.\n\n Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is \namended--\n (1) in paragraph (2), by striking ``derived from biological \n materials'' and inserting ``derived from domestically produced \n renewable biological materials (including biodiesel) at \n mixtures not less than 20 percent by volume'';\n (2) in paragraph (8), by striking subparagraph (B) and \n inserting the following:\n ``(B) a motor vehicle (other than an automobile) or \n marine vessel that is capable of operating on \n alternative fuel, gasoline, or diesel fuel, or an \n approved blend of alternative fuel and petroleum-based \n fuel.'';\n (3) by redesignating paragraphs (11) through (14) as \n paragraphs (12), (14), (15), and (16), respectively;\n (4) by inserting after paragraph (10) the following:\n ``(11) the term `heavy duty motor vehicle' means a motor \n vehicle or marine vessel that is greater than 8,500 pounds \n gross vehicle weight rating;'';\n (5) by inserting after paragraph (12) (as redesignated by \n paragraph (3)) the following:\n ``(13) the term `marine vessel' means a motorized \n watercraft or other artificial contrivance used as a means of \n transportation primarily on the navigable waters of the United \n States;'';\n (6) in paragraph (15) (as redesignated by paragraph (3)), \n by striking ``biological materials'' and inserting \n ``domestically produced renewable biological materials \n (including biodiesel)''.\n\nSEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT.\n\n Section 400AA of the Energy Policy and Conservation Act (42 U.S.C. \n6374) is amended--\n (1) in the second sentence of subsection (a)(3)(B), by \n striking ``vehicles converted to use alternative fuels may be \n acquired if, after conversion,'' and inserting ``existing fleet \n vehicles may be converted to use alternative fuels at the time \n of a major vehicle overhaul or rebuild, or vehicles that have \n been converted to use alternative fuels may be acquired, if''; \n and\n (2) in subsection (g)--\n (A) in paragraph (2), by striking ``derived from \n biological materials'' and inserting ``derived from \n domestically produced renewable biological materials \n (including biodiesel) at mixtures not less than 20 \n percent by volume'';\n (B) in paragraph (5), by striking subparagraph (B) \n and inserting the following:\n ``(B) a motor vehicle (other than an automobile) or \n marine vessel that is capable of operating on \n alternative fuel, gasoline, or diesel fuel, or an \n approved blend of alternative fuel and petroleum-based \n fuel; and''; and\n (C) in paragraph (6), by inserting ``or marine \n vessel'' [Same questions as above.] after ``a \n vehicle''.\n\nSEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT.\n\n Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is \namended--\n (1) by redesignating subsections (c) through (f) as \n subsections (d) through (g), respectively; and\n (2) by inserting after subsection (b) the following:\n ``(c) Heavy Duty and Dual-Fueled Vehicle Compliance Credits.--\n ``(1) In general.--For purposes of meeting the requirements \n of this section, the Secretary, in consultation with the \n Administrator of General Services, if appropriate, shall permit \n a Federal fleet to acquire 1 heavy duty alternative fueled \n vehicle in place of 2 light duty alternative fueled vehicles.\n ``(2) Additional credits.--For purposes of this section, \n the Secretary, in consultation with the Administrator of \n General Services, if appropriate, shall permit a Federal fleet \n to take an additional credit for the purchase and documented \n use of alternative fuel used in a dual-fueled vehicle, \n comparable conventionally-fueled motor vehicle, or marine \n vessel.\n ``(3) Accounting.--\n ``(A) In general.--In allowing a credit for the \n purchase of a dual-fueled vehicle or alternative fuel, \n the Secretary may request a Federal agency to provide \n an accounting of the purchase.\n ``(B) Guidelines.--The Secretary shall include any \n request made under subparagraph (A) in the guidelines \n required under section 308.\n ``(4) Fuel and vehicle neutrality.--The Secretary shall \n carry out this subsection in a manner that is, to the maximum \n extent practicable, neutral with respect to the type of fuel \n and vehicle used.''.\n\n TITLE II--ALTERNATIVE\n\n FUELS--NON-FEDERAL PROGRAMS\n\nSEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS.\n\n (a) Establishment of Program.--Section 409(a) of the Energy Policy \nAct of 1992 (42 U.S.C. 13235(a)) is amended--\n (1) in paragraph (2)(A), by striking ``alternative fueled \n vehicles'' and inserting ``light and heavy duty alternative \n fueled vehicles and increasing the use of alternative fuels''; \n and\n (2) in paragraph (3)--\n (A) in subparagraph (B), by inserting after \n ``introduction of'' the following: ``converted or \n acquired light and heavy duty'';\n (B) in subparagraph (E), by inserting after ``of \n sales of'' the following: ``, incentives toward use of, \n and reporting requirements relating to''; and\n (C) in subparagraph (G)--\n (i) by redesignating clauses (i) through \n (iii) as clauses (ii) through (iv), \n respectively; and\n (ii) by inserting after ``cost of--'' the \n following:\n ``(i) alternative fuels;''.\n (b) Federal Assistance to States.--Section 409(b) of the Energy \nPolicy Act of 1992 (42 U.S.C. 13235(b)) is amended--\n (1) in paragraph (1)--\n (A) in subparagraph (B), by striking ``and'' at the \n end;\n (B) in subparagraph (C), by striking the period at \n the end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(D) grants of Federal financial assistance for the \n incremental purchase cost of alternative fuels.'';\n (2) in paragraph (2)(B), by inserting after ``be \n introduced'' the following: ``and the volume of alternative \n fuel likely to be consumed''; and\n (3) in paragraph (3)--\n (A) by inserting ``alternative fuels and'' after \n ``in procuring''; and\n (B) by inserting ``fuels and'' after ``of such''.\n (c) General Provisions.--Section 409(c)(2)(A) of the Energy Policy \nAct of 1992 (42 U.S.C. 13235(c)(2)(A)) is amended by inserting after \n``alternative fueled vehicles in use'' the following: ``and volume of \nalternative fuel consumed''.\n\nSEC. 202. ALTERNATIVE FUEL BUS PROGRAM.\n\n Section 410(c) of the Energy Policy Act of 1992 (42 U.S.C. \n13236(c)) is amended in the second sentence by striking ``and the \nconversion of school buses to dedicated vehicles'' and inserting ``the \nincremental cost of alternative fuels used in flexible fueled school \nbuses, and the conversion of school buses to alternative fueled \nvehicles''.\n\nSEC. 203. ALTERNATIVE FUEL USE IN NONROAD VEHICLES, ENGINES, AND MARINE \n VESSELS.\n\n Section 412 of the Energy Policy Act of 1992 (42 U.S.C. 13238) is \namended--\n (1) in the section heading, by striking ``and engines'' and \n inserting ``, engines, and marine vessels'';\n (2) by striking ``vehicles and engines'' each place it \n appears in subsections (a) and (b) and inserting ``vehicles, \n engines, and marine vessels'';\n (3) in subsection (a)--\n (A) in the subsection heading, by striking \n ``Nonroad Vehicles and Engines'' and inserting ``In \n General'';\n (B) in paragraph (1)--\n (i) in the first sentence, by striking ``a \n study'' and inserting ``studies''; and\n (ii) in the second sentence--\n (I) by striking ``study'' and \n inserting ``studies''; and\n (II) by striking ``2 years'' and \n inserting ``2, 6, and 10 years'';\n (C) in paragraph (2)--\n (i) by striking ``study'' each place it \n appears and inserting ``studies''; and\n (ii) in the second sentence, by inserting \n ``or marine vessels'' after ``such vehicles''; \n and\n (D) in paragraph (3)--\n (i) by striking ``report'' and inserting \n ``reports''; and\n (ii) by striking ``may'' and inserting \n ``shall''; and\n (4) in subsection (b)--\n (A) in the subsection heading, by striking ``and \n Engines'' and inserting ``, Engines, and Marine \n Vessels''; and\n (B) by striking ``rail transportation, vehicles \n used at airports, vehicles or engines used for marine \n purposes, and other vehicles or engines'' and inserting \n ``rail and waterway transportation, vehicles used at \n airports and seaports, vehicles or engines used for \n marine purposes, marine vessels, and other vehicles, \n engines, or marine vessels''.\n\n TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE \n FUELS, AND ALTERNATIVE FUELED VEHICLES\n\nSEC. 301. MANDATE FOR ALTERNATIVE FUEL PROVIDERS.\n\n Section 501 of the Energy Policy Act of 1992 (42 U.S.C. 13251) is \namended--\n (1) in subsection (a)(1), by inserting ``or heavy'' after \n ``new light''; and\n (2) in subsection (b)--\n (A) in paragraph (1), by striking ``and'' at the \n end;\n (B) in paragraph (2), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(3) allow the conversion of an existing fleet vehicle \n into a dual-fueled alternative fueled vehicle at the time of a \n major overhaul or rebuild of the vehicle, if the original \n equipment manufacturer's warranty continues to apply to the \n vehicle, pursuant to an agreement between the original \n equipment manufacturer and the person performing the \n conversion.''.\n\nSEC. 302. REPLACEMENT FUEL SUPPLY AND DEMAND PROGRAM.\n\n Section 502 of the Energy Policy Act of 1992 (42 U.S.C. 13252) is \namended--\n (1) in the first sentence of subsection (a), by inserting \n ``and heavy'' after ``in light''; and\n (2) in the first sentence of subsection (b), by inserting \n after ``October 1, 1993,'' the following: ``and every 5 years \n thereafter through October 1, 2008,''.\n\nSEC. 303. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY.\n\n Section 504 of the Energy Policy Act of 1992 (42 U.S.C. 13254) is \namended--\n (1) in the first sentence of subsection (a), by striking \n ``and periodically thereafter'' and inserting ``consistent with \n the reporting requirements of section 502(b)''; and\n (2) in subsection (c), by inserting after the first \n sentence the following: ``Any additional regulation issued by \n the Secretary shall be, to the maximum extent practicable, \n neutral with respect to the type of fuel and vehicle used.''.\n\nSEC. 304. FLEET REQUIREMENT PROGRAM.\n\n (a) Fleet Program Purchase Goals.--Section 507(a)(1) of the Energy \nPolicy Act of 1992 (42 U.S.C. 13257(a)(1)) is amended by inserting \n``acquired as, or converted into,'' after ``shall be''.\n (b) Fleet Requirement Program.--Section 507(g) of the Energy Policy \nAct of 1992 (42 U.S.C. 13257(g)) is amended--\n (1) in paragraph (1), by inserting ``acquired as, or \n converted into,'' after ``shall be'';\n (2) by redesignating paragraph (4) as paragraph (5); and\n (3) by inserting after paragraph (3) the following:\n ``(4) Substitutions.--The Secretary shall, by rule, permit \n fleets covered under this section to substitute the acquisition \n or conversion of 1 heavy duty alternative fueled vehicle for 2 \n light duty vehicle acquisitions to meet the requirements of \n this subsection.''.\n (c) Conversions.--Section 507(j) of the Energy Policy Act of 1992 \n(42 U.S.C. 13257(j)) is amended--\n (1) by striking ``Nothing in'' and inserting the following:\n ``(1) In general.--Subject to paragraph (2), nothing in''; \n and\n (2) by adding at the end the following:\n ``(2) Conversion into alternative fueled vehicles.--\n ``(A) In general.--A fleet owner shall be permitted \n to convert an existing fleet vehicle into an \n alternative fueled vehicle, and purchase the \n alternative fuel for the converted vehicle, for the \n purpose of compliance with this title or an amendment \n made by this title, if the original equipment \n manufacturer's warranty continues to apply to the \n vehicle, pursuant to an agreement between the original \n equipment manufacturer and the person performing the \n conversion.\n ``(B) Credits.--A fleet owner shall be allowed a \n credit for the conversion of an existing fleet vehicle \n and the purchase of alternative fuel for the \n vehicle.''.\n (d) Mandatory State Fleet Programs.--Section 507(o) of the Energy \nPolicy Act of 1992 (42 U.S.C. 13257(o)) is amended--\n (1) in paragraph (1)--\n (A) by inserting ``or heavy'' after ``new light''; \n and\n (B) by inserting ``or converted'' after \n ``acquired''; and\n (2) in the first sentence of paragraph (2)(A)--\n (A) by striking ``this Act'' and inserting ``the \n Biodiesel Energy Development Act of 1997''; and\n (B) by inserting after ``of light'' the following: \n ``or heavy duty alternative fueled''.\n\nSEC. 305. CREDITS.\n\n (a) In General.--Section 508(a) of the Energy Policy Act of 1992 \n(42 U.S.C. 13258(a)) is amended--\n (1) by striking ``The Secretary'' and inserting the \n following:\n ``(1) Additional alternative fueled vehicles.--The \n Secretary''; and\n (2) by adding at the end the following:\n ``(2) Alternative fuel.--The Secretary shall allocate a \n credit to a fleet or covered person that acquires a volume of \n alternative fuel equal to the estimated need for 1 year for any \n dual-fueled vehicle acquired or converted by the fleet or \n covered person as required under this title.''.\n (b) Allocation.--Section 508(b) of the Energy Policy Act of 1992 \n(42 U.S.C. 13258(b)) is amended--\n (1) by striking ``In allocating credits under subsection \n (a),'' and inserting the following:\n ``(1) Additional alternative fueled vehicles.--In \n allocating credits under subsection (a)(1),''; and\n (2) by adding at the end the following:\n ``(2) Dual-fueled vehicles; alternative fuel.--In \n allocating credits under subsection (a)(2), the Secretary shall \n allocate 2 credits to a fleet or covered person for acquiring \n or converting a dual-fueled vehicle and acquiring a volume of \n alternative fuel equal to the estimated need for 1 year for any \n dual-fueled vehicle if the dual-fueled vehicle acquired is in \n excess of the number that the fleet or covered person is \n required to acquire or is acquired before the date that the \n fleet or covered person is required to acquire the number under \n this title.''.\n\nSEC. 306. SECRETARY'S RECOMMENDATION TO CONGRESS.\n\n Section 509(a) of the Energy Policy Act of 1992 (42 U.S.C. \n13259(a)) is amended--\n (1) in paragraph (1), by inserting before the semicolon at \n the end the following: ``and exempting replacement fuels from \n taxes levied on non-replacement fuels''; and\n (2) in paragraph (2)--\n (A) by inserting ``and converters'' after \n ``suppliers''; and\n (B) by inserting before the semicolon the \n following: ``, including the conversion and warranty of \n motor vehicles into alternative fueled vehicles''.","summary":"TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles. And (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels. And (2) review every five years a development plan and production goals for replacement fuel supply and demand. Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.","title":"Biodiesel Energy Development Act of 1997","text_len":18977,"sum_len":4308} {"bill_id":"111_s1832","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Access to Capital Act \nof 2009''.\n\nSEC. 2. SECTION 7(A) BUSINESS LOANS.\n\n Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is \namended--\n (1) in paragraph (2)(A)--\n (A) in clause (i), by striking ``75 percent'' and \n inserting ``90 percent''; and\n (B) in clause (ii), by striking ``85 percent'' and \n inserting ``90 percent''; and\n (2) in paragraph (3)(A), by striking ``$1,500,000 (or if \n the gross loan amount would exceed $2,000,000'' and inserting \n ``$4,500,000 (or if the gross loan amount would exceed \n $5,000,000''.\n\nSEC. 3. LOW INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS \n LOAN PROGRAM.\n\n Section 502(7) of the Small Business Investment Act of 1958 (15 \nU.S.C. 696(7)) is amended by adding at the end the following:\n ``(C) Refinancing not involving expansions.--\n ``(i) In general.--A project that does not \n involve the expansion of a small business \n concern may include the refinancing of existing \n indebtedness if--\n ``(I) the amount of the financing \n is not more than 80 percent of the \n value of the collateral for the \n financing;\n ``(II) the small business concern \n has been in operation for all of the 2-\n year period ending on the date of the \n financing;\n ``(III) the existing indebtedness \n was not incurred during the 2-year \n period ending on the date of the \n financing;\n ``(IV) the existing indebtedness is \n not subject to a guarantee by any \n Federal agency; and\n ``(V) for a loan for which the \n Administrator determines there will be \n an additional cost for making a loan \n that includes the refinancing of the \n existing indebtedness, the borrower \n agrees to pay a fee in an amount equal \n to the anticipated additional cost.\n ``(ii) No job creation goals.--A financing \n may be approved under this subparagraph \n regardless of whether the project meets the job \n creation goals under subsection (d) or (e) of \n section 501.''.\n\nSEC. 4. MICROLOANS.\n\n (a) Marketing, Management, and Technical Assistance Grants.--\nSection 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is \namended--\n (1) in subparagraph (A)--\n (A) in the first sentence, by striking ``and \n subject to subparagraph (B)''; and\n (B) in the second sentence--\n (i) by striking ``each intermediary meeting \n the requirements of subparagraph (B)'' and \n inserting ``an intermediary''; and\n (ii) by striking ``25 percent'' and \n inserting ``50 percent'';\n (2) by striking subparagraph (B); and\n (3) by striking subparagraph (C)(iii).\n (b) Microloan Amounts.--Section 7(m) of the Small Business Act (15 \nU.S.C. 636(m)) is amended--\n (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and \n inserting ``$50,000'';\n (2) in paragraph (3)(E), by striking ``$35,000'' each place \n it appears and inserting ``$50,000''; and\n (3) in paragraph (11)(B), by striking ``$35,000'' and \n inserting ``$50,000''.\n\nSEC. 5. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.\n\n Section 502(2)(A) of the Small Business Investment Act of 1958 (15 \nU.S.C. 696(2)(A)) is amended--\n (1) in clause (i), by striking ``$1,500,000'' and inserting \n ``$5,000,000'';\n (2) in clause (ii), by striking ``$2,000,000'' and \n inserting ``$5,000,000''; and\n (3) in clause (iii), by striking ``$4,000,000'' and \n inserting ``$5,500,000''.\n\nSEC. 6. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS.\n\n Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. \n689d) is amended by adding at the end the following:\n ``(e) Investment Limitations.--\n ``(1) Definition.--In this subsection, the term `covered \n New Markets Venture Capital company' means a New Markets \n Venture Capital company--\n ``(A) granted final approval by the Administrator \n under section 354(e) on or after March 1, 2002; and\n ``(B) that has obtained a financing from the \n Administrator.\n ``(2) Limitation.--Except to the extent approved by the \n Administrator, a covered New Markets Venture Capital company \n may not acquire or issue commitments for securities under this \n title for any single enterprise in an aggregate amount equal to \n more than 10 percent of the sum of--\n ``(A) the regulatory capital of the covered New \n Markets Venture Capital company; and\n ``(B) the total amount of leverage projected in the \n participation agreement of the covered New Markets \n Venture Capital.''.\n\nSEC. 7. EXTRAMURAL RESEARCH AND DEVELOPMENT BUDGET OF THE NATIONAL \n INSTITUTES OF HEALTH.\n\n Title VIII of division A of the American Recovery and Reinvestment \nAct of 2009 (Public Law 111-5; 123 Stat. 176) is amended in the matter \nunder the heading ``office of the director'' under the heading \n``National Institutes of Health'' under the heading ``DEPARTMENT OF \nHEALTH AND HUMAN SERVICES'', by inserting after ``638(n)(1):'' the \nfollowing: ``Provided further, That not later than September 30, 2010, \nof the amount appropriated under this heading, $150,000,000 shall be \nobligated to be expended with the programs of the National Institutes \nof Health described in the previous proviso:''.\n\nSEC. 8. BUSINESS STABILIZATION PROGRAM.\n\n Section 506(c) of division A of the American Recovery and \nReinvestment Act of 2009 (Public Law 111-5; 123 Stat. 157) is amended \nby striking ``but shall not include'' and all that follows through \n``enactment of this Act''.\n\nSEC. 9. PROSPECTIVE REPEALS.\n\n (a) Amendments.--\n (1) Section 7(a) business loans.--Section 7(a) of the Small \n Business Act (15 U.S.C. 636(a)) is amended--\n (A) in paragraph (2)(A)--\n (i) in clause (i), by striking ``90 \n percent'' and inserting ``75 percent''; and\n (ii) in clause (ii), by striking ``90 \n percent'' and inserting ``85 percent''; and\n (B) in paragraph (3)(A), by striking ``$4,500,000'' \n and inserting ``$3,750,000''.\n (2) Low interest refinancing under the local development \n business loan program.--Section 502(7) of the Small Business \n Investment Act of 1958 (15 U.S.C. 696(7)) is amended by \n striking subparagraph (C).\n (b) Effective Date.--The amendments made by this section shall take \neffect on October 1, 2010.","summary":"Small Business Access to Capital Act of 2009 - Amends the Small Business Act to increase maximum loan amounts under the following Small Business Administration (SBA) programs: (1) the section 7(a) loan program, (2) the Microloan program. And (3) the section 504 program. Amends provisions of the Small Business Investment Act of 1958 relating to the local development business loan program to allow a small business borrower under such program to refinance a previous business debt, under specified conditions. Applies single-business investment limits to SBA-recognized new markets venture capital companies. Amends the American Recovery and Reinvestment Act of 2009 to earmark certain Department of Health and Human Services (HHS) funds for specified programs of the National Institutes of Health. Repeals as of October 1, 2010: (1) the increase in section 7(a) loan amounts. And (2) the business debt refinancing authority under the local development business loan program.","title":"A bill to increase loan limits for small business concerns, provide for low interest refinancing for small business concerns, and for other purposes.","text_len":7890,"sum_len":976} {"bill_id":"108_hr2818","text":"SECTION 1. FINDINGS.\n\n The Congress finds as follows:\n (1) Raul Julia made his Broadway debut just a few weeks \n after arriving in New York City in 1964 in Calderon's ``Life is \n a Dream''.\n (2) Raul Julia, after only 3 years of living in New York \n City, was instrumental in opening doors for nontraditional \n parts for Hispanic actors by taking the role of Demetrius in \n Shakespeare's ``Titus Andronicus'' at the New York Shakespeare \n Festival and Cradeau in Sartre's ``No Exit''.\n (3) Raul Julia was the busiest Hispanic Shakespearean actor \n in New York and the first to establish a decades-long \n association with Joseph Papp and the New York Shakespeare \n Festival.\n (4) Raul Julia began an impressive and productive 28-year \n association with Joseph Papp and the New York Shakespeare \n Festival as Macduff in the Festival's Mobile Unit, Spanish \n language production of MacBeth.\n (5) Raul Julia became the first Puerto Rican actor to \n conquer Broadway stages by having his work be nominated for 4 \n different Tony Awards in 10 years: ``Two Gentlemen of Verona'', \n ``Where's Charley?'', ``Threepenny Opera'', and ``Nine''.\n (6) Raul Julia provided a role model for millions of \n children in his role as ``Rafael, the Fix-It Man'' in Sesame \n Street.\n (7) Raul Julia was a dedicated leader in the fight against \n the rising rates of teen violence and cosponsored scriptwriting \n competitions for high school students as a way to encourage \n teenagers to express their emotions through art rather than \n through violence.\n (8) Raul Julia's dedication to help Hispanic-American film \n and television writers develop their work led him to co-found \n the Latino Playwrights Reading Workshops.\n (9) Raul Julia was instrumental in the formation of the now \n legendary Puerto Rico Traveling Theater, an off-Broadway \n nonprofit Puerto Rican theater that to this day continues to \n promote and showcase bilingual plays, new Hispanic playwrights \n and Spanish-speaking actors while bringing theater to those who \n cannot ordinarily afford it.\n (10) Raul Julia was a leader in the entertainment industry, \n particularly as a tireless mentor and role model to emerging \n Latino actors.\n (11) Raul Julia was a dedicated activist and humanitarian \n who in his lifetime became a major supporter and spokesperson \n for the Hunger Project, a nonprofit organization committed to \n the eradication of world hunger.\n (12) Raul Julia was tireless in his commitment to the \n Puerto Rican film industry and to the making of Spanish \n language films and continued to participate in small, \n independent, Spanish-language films even after having become a \n Hollywood star.\n (13) Raul Julia was an extremely successful stage, film and \n television actor who never abandoned his Puerto Rican heritage, \n never changed his name and never gave up his accent, thereby \n becoming an enduring role model for hundreds of Latino actors.\n (14) Raul Julia received the Hispanic Heritage Award \n recognizing his many career achievements for the Latino \n community, including his involvement in ``La Familia'', a New \n York City outreach program for Latino families in need, the \n Puerto Rican traveling theater, the Museo del Barrio, and the \n New York Shakespeare Festival.\n (15) Raul Julia received the National Board of Review Best \n Actor prize for his interpretation of the political prisoner \n Valentin in the award-winning landmark film ``The Kiss of the \n Spider Woman'', an award he shared with his co-star William \n Hurt.\n (16) Raul Julia posthumously received the prestigious Emmy \n Award, Cable Ace Award, Golden Globe Award, and the SAG Award, \n given by his fellow actors for his most famous roles including \n Chico Mendes in ``The Burning Season''.\n (17) Raul Julia was proud of his Puerto Rican heritage and \n his life and work reflected his strong commitment to his \n culture and the people of Puerto Rico.\n (18) Raul Julia was given a state funeral in Puerto Rico \n and since that time there have been many awards and honors \n created in his name: a scholarship at Julliard, a scholarship \n given to a promising young actor for the purpose of studying \n and performing Shakespeare at the Joseph Papp Public Theater, \n the Raul Julia Award for Excellence given annually by the \n National Endowment for the Hispanic Arts in Washington, DC, El \n Teatro Raul Julia in San Juan Puerto Rico, and the Raul Julia \n Global Citizen Award, an annual award being given this year for \n the first time by the Puerto Rican Family Institute based in \n New York City.\n (19) Raul Julia was recognized by the office of the Mayor \n of the city of New York with the creation of Raul Julia Day \n which was celebrated and commemorated in conjunction with \n Puerto Rican Heritage and Culture Month on November 21, 1994.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--The Speaker of the House of \nRepresentatives and the President Pro Tempore of the Senate shall make \nappropriate arrangements for the presentation, on behalf of the \nCongress, of a gold medal of appropriate design, to the family of the \nlate Raul Julia, in recognition of his dedication to ending world \nhunger and his great contributions to the Latino community and to the \nperforming arts.\n (b) Design and Striking.--For purposes of the presentation referred \nto in subsection (a), the Secretary of the Treasury (referred to in \nthis Act as the ``Secretary'') shall strike a gold medal with suitable \nemblems, devices, and inscriptions to be determined by the Secretary.\n (c) Gifts and Donations.--The Secretary may accept, use, and \ndisburse gifts or donations of property or money to carry out this \nsection.\n\nSEC. 3. DUPLICATE MEDALS.\n\n The Secretary may strike and sell duplicates in bronze of the gold \nmedal struck pursuant to section 2 under such regulations as the \nSecretary may prescribe, at a price sufficient to cover the cost \nthereof, including labor, materials, dies, use of machinery, and \noverhead expenses, and the cost of the gold medal.\n\nSEC. 4. STATUS OF MEDALS.\n\n (a) National Medals.--The medals struck pursuant to this Act are \nnational medals for purposes of chapter 51 of title 31, United States \nCode.\n (b) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all medals struck under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.\n\n (a) Authority To Use Fund Amounts.--There is authorized to be \ncharged against the United States Mint Public Enterprise Fund such \namounts as may be necessary to pay for the costs of the medals struck \npursuant to this Act.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals authorized under section 3 shall be deposited into the \nUnited States Mint Public Enterprise Fund.\n\nSEC. 6. TRANSFER OF ANY NET INCOME TO THE NEW YORK PUBLIC THEATER AND \n THE NEW YORK SHAKESPEARE FESTIVAL.\n\n If the sum of any gifts and donations received by the Secretary \nunder section 2(c) and any proceeds from the sale of duplicate medals \npursuant to section 3 exceeds the total amount of the costs incurred by \nthe Secretary in carrying out this Act, the Secretary shall transfer, \nfrom the United States Mint Public Enterprise Fund, an amount equal \nto--\n (1) 1\/2 of such excess amount to the New York Public \n Theater; and\n (2) 1\/2 of such excess amount to the New York Shakespeare \n Festival.","summary":"Directs: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his great contributions to the Latino community and the performing arts. And (2) the Secretary of the Treasury to transfer half of the amount by which the sum of any gifts and donations received and any proceeds from the sale of duplicate medals exceeds the costs incurred in carrying out this Act to the New York Public Theater and half to the New York Shakespeare Festival.","title":"To award a congressional gold medal to the family of the late Raul Julia.","text_len":8176,"sum_len":635} {"bill_id":"111_s1146","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sex Offender Registration Tips \nProgram Act of 2009'' or the ``SORT Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Parents for Megan's Law, Inc., a nonprofit corporation \n described in section 501(c)(3) of the Internal Revenue Code of \n 1986 and headquartered in New York, has since 1998 educated and \n supported the community, law enforcement, criminal justice, and \n government agencies on issues related to sex offender \n registration, notification, responsible use of information, \n sexual abuse and abduction prevention, Internet Safety, and \n crime victim support.\n (2) Parents for Megan's Law, Inc., established and operates \n the National Megan's Law Helpline, a free confidential \n telephone helpline that provides information, support, and \n criminal justice referrals, nationally and internationally, on \n sex offender management issues. Parents for Megan's Law, Inc. \n is a certified rape crisis center and provides support and \n assistance to child and adult victims of sexual abuse and all \n victims of violent crime. Research suggests that sexual assault \n victims who receive counseling support are more likely to \n report their attack to the police and participate in the \n prosecution of the offender.\n (3) The National Megan's Law Helpline has generated over \n 70,000 requests for assistance, information, or follow-up \n contacts on sex offender management, crime victim support, and \n prevention education issues. Helpline requests utilize the \n Helpline's resources and often entail coordination with outside \n resources, follow-up calls, or actual referrals to any or all \n of the following: law enforcement and other criminal justice \n agencies, state and local crime victims assistance agencies and \n organizations, social service and human service providers, and \n other service provider organizations.\n (4) The Internet website of Parents for Megan's Law, Inc., \n serves as a clearinghouse and national resource for information \n related to sex offender registration, notification, sexual \n abuse and abduction prevention, and crime victims' support and \n referrals. Such Internet website is also utilized by the public \n to anonymously report Internet child pornography and child sex \n tourism and as a resource for Internet Safety education. \n Reports are forwarded to local law enforcement for appropriate \n follow-up.\n (5)(A) With limited resources, the National Megan's Law \n Helpline has provided the public with a resource for \n confidentially reporting registered sex offenders failing to \n comply with registration requirements, supervision, or \n employment restrictions or who are in positions of trust where \n potential child victims can be accessed. Confidential tips are \n triaged, crime victim support is provided, and referrals are \n made to the appropriate criminal justice agency for follow-up \n action.\n (B) In fact, because of anonymous tips to the Helpline, \n actions have been taken to mitigate potentially dangerous \n situations, including--\n (i) sending a registered sex offender back to \n prison after he was identified as residing in a \n registered child day care center where he could access \n potential child victims;\n (ii) preventing a convicted former middle school \n teacher required to register as a sex offender and give \n up his teacher's license, from gaining employment as an \n in home children's tutor for a reputable tutoring \n company where he could gain unsupervised access to \n potential child victims;\n (iii) having a registered sex offender who targeted \n a child, and subsequently was barred from using the \n Internet to develop online relationships, removed from \n an Internet Dating service where he attempted to \n develop a relationship with whom he believed was a \n single woman with children;\n (iv) sending a registered sex offender, who was on \n parole for a weapons charge and restricted from \n entering school grounds, back to prison for entering \n school grounds and drug possession;\n (v) identifying and reporting a registered sex \n offender, convicted of sexually victimizing a 4-year-\n old boy while baby-sitting, who had absconded and \n failed to register; and\n (vi) identifying, locating and reporting registered \n sex offenders in violation of conditions of probation, \n parole, local employment or other restriction laws.\n (6) A national Sex Offender Registration Compliance survey \n conducted by Parents for Megan's Law, Inc., in 2003, indicated \n that, 24 percent of (or over 100,000) registered sex offenders \n were not complying with sex offender registration laws. Sex \n offender registry information provides parents and community \n members an opportunity to protect themselves, their children, \n and their communities from sexual victimization, but that \n information, in order to be of value, requires labor intensive \n follow-up intervention and proactive maintenance to be kept \n current.\n (7) Access to the National Criminal Information databases \n is necessary for Parents for Megan's Law, Inc., to effectively \n evaluate the veracity of tips received, proactively research \n noncompliant registrants or registrants engaged in criminal \n activities and provide law enforcement with viable accurate \n information for follow-up action.\n (8) The Sex Offender Registration Tips (SORT) Program will \n reduce sexual victimization and increase sex offender \n registration compliance through community tips and proactive \n maintenance.\n (9) Authorizing federal funds for the SORT Program will \n reduce criminal sexual victimization by--\n (A) supporting crime victims seeking assistance;\n (B) supporting sex offender registration, \n notification, and sexual abuse and abduction prevention \n education and Internet Safety inquiries; and\n (C) providing the public two interactive \n confidential resources, the Helpline and Internet \n website, for the public to provide information--\n (i) about registered sex offenders who are \n believed to be out of compliance with \n registration requirements, supervision, or \n employment restrictions and who are in \n positions of trust where potential child \n victims can be accessed; or\n (ii) concerning sex offender activities \n that indicate a heightened risk of re-\n offending.\n (10)(A) The SORT program will serve as a powerful national \n tool supporting communities and crime victims while assisting \n and advancing the mission of Federal, state, and local law \n enforcement in combating sexual victimization.\n (B) The SORT program and the National Megan's Law Helpline \n is unique in the following ways:\n (i) It provides up to date sexual abuse prevention \n information, deters vigilantism, and reinforces \n responsible use of information.\n (ii) It provides victims who come forth with needed \n information with an infrastructure of advocacy, \n enforcement, and therapeutic support.\n (iii) It maximizes law enforcement's already \n strained resources by screening anonymous tips promptly \n and effectively through the use of trained \n investigators with access to public, private and law \n enforcement databases.\n\nSEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS \n PROGRAM.\n\n (a) In General.--Subject to the availability of the funds \nauthorized to be appropriated under subsection (d), the Attorney \nGeneral shall provide grants and access to information and resources to \nthe not-for-profit community and victim's rights organization, Parents \nfor Megan's Law, Inc., to implement the Sex Offender Registration Tips \nProgram described in subsection (b).\n (b) Sex Offender Registration Tips Program Described.--For purposes \nof subsection (a), the Sex Offender Registration Tips Program is a \nprogram to reduce sexual victimization and support victims of violent \ncrime by--\n (1) providing up-to-date and accurate sex offender registry \n information to Federal, State, and local law enforcement \n entities through the National Megan's Law Helpline staffed by \n Parents for Megan's Law, Inc., and the Internet website of such \n organization;\n (2) enabling the analysis and coordination of community \n tips relating to sex offenders who fail to register in the sex \n offender registry maintained by the jurisdiction involved or \n who engage in activities in violation of conditions of their \n probation or parole or other criminal activities;\n (3) using existing Internet sex offender registries, public \n information, and the National Criminal Information databases to \n compare and contrast information and proactively identify high-\n risk registrants who are out of compliance, in violation of \n conditions of supervision, and identify the location of wanted \n registrants in order to ascertain the need for follow-up action \n by law enforcement;\n (4) providing crime victims support, information, and \n referrals; and\n (5) supporting community members with up-to-date sex \n offender registration, notification, and sexual abuse and \n abduction prevention and Internet Safety information.\n (c) Access.--Notwithstanding any other provision of law, the \nAttorney General shall ensure access by Parents for Megan's Law, Inc., \nto the National Crime Information Center databases operated by the \nFederal Bureau of Investigation pursuant to section 534 of title 28, \nUnited States Code, to the extent that such access is only for purposes \nwithin the scope of the organization's duties and responsibilities to \nassist or support law enforcement agencies in administration of \ncriminal justice functions.\n (d) Authorization of Appropriations.--There is authorized to be \nappropriated $1,000,000 for grants under subsection (a) for each of the \nfiscal years 2010 through 2014.","summary":"Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc. to implement the Sex Offender Registration Tips Program. And (2) ensure access by Parents for Megan's Law, Inc. to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI).","title":"A bill to direct the Attorney General to provide grants and access to information and resources for the implementation of the Sex Offender Registration Tips and Crime Victims Center Programs.","text_len":11437,"sum_len":419} {"bill_id":"107_hr2179","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Renewable Energy Act for Credit on \nTaxes''.\n\nSEC. 2. REFUNDABLE CREDIT FOR RENEWABLE ENERGY PROPERTY.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. RENEWABLE ENERGY PROPERTY.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to 35 percent of the expenditures \nfor renewable energy property made by the taxpayer during the taxable \nyear.\n ``(b) Limitation.--\n ``(1) Maximum credit.--The credit allowed under subsection \n (a) shall not exceed the lesser of--\n ``(A) $6,000 ($50,000 in the case of renewable \n energy property used for nonresidential business \n purposes) for each system of renewable energy property, \n or\n ``(B) $4.50 per watt of rated system electricity \n output or equivalent.\n ``(2) Location of structure.--No expenditure may be taken \n into account under this section unless such expenditure is made \n by the taxpayer for property installed on or in connection with \n a structure which is located in the United States.\n ``(3) Rating system electricity output.--For purposes of \n paragraph (1)(B), the rated system electricity output or \n equivalent for--\n ``(A) solar water heating property shall be the \n output determined by the Secretary on the basis of \n evidence acceptable to the Secretary which is submitted \n by manufacturers of such property and which includes \n information relating to one year of reliable operation \n of such property,\n ``(B) photovoltaic property shall be the output \n certified by a nationally recognized testing laboratory \n as meeting the requirements of the Underwriters \n Laboratory Standard 1703,\n ``(C) wind energy property shall be the output--\n ``(i) certified as meeting the requirements \n of a small wind turbine-specific safety or \n performance standard adopted by a national or \n international standards setting body, including \n International Electric Code 61400-2, or\n ``(ii) determined by the Secretary on the \n basis of evidence acceptable to the Secretary \n which is submitted by manufacturers of such \n property and which includes information \n relating to one year of reliable operation of \n such property at a site with average annual \n wind speeds of at least 12 miles per hour, and\n ``(D) fuel cell property shall be the output \n certified as meeting the requirements specified by the \n American Gas Association in document entitled `AGA \n Requirements for Fuel Cell Power Plants', No. 8-90.\n The Secretary shall determine who makes the certifications for \n purposes of subparagraphs (C)(i) and (D).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Renewable energy property.--The term `renewable \n energy property' means property which is--\n ``(A) qualified solar water heating property,\n ``(B) qualified photovoltaic property,\n ``(C) qualified wind energy property, or\n ``(D) qualified fuel cell property.\n ``(2) Qualified solar water heating property.--The term \n `qualified solar water heating property' means property that \n uses solar energy to heat water for use in a structure with \n respect to which a majority of the energy is derived from the \n sun.\n ``(3) Qualified photovoltaic property.--The term `qualified \n photovoltaic property' means property that uses solar energy to \n generate electricity for use in a structure.\n ``(4) Solar panels.--No expenditure relating to a solar \n panel or other property installed as a roof (or portion \n thereof) shall fail to be treated as property described in \n paragraph (2) or (3) solely because it constitutes a structural \n component of the structure on which it is installed.\n ``(5) Qualified wind energy property.--The term `qualified \n wind energy property' means property which uses wind energy to \n generate electricity for use in a structure.\n ``(6) Qualified fuel cell property.--The term `qualified \n fuel cell property' means property which uses an \n electrochemical process to generate electricity for use in a \n structure.\n ``(7) Labor costs.--Expenditures for labor costs properly \n allocable to the onsite preparation, assembly, or original \n installation of the property described in paragraph (2), (3), \n (5), or (6) and for piping or wiring to interconnect such \n property to the dwelling unit shall be taken into account for \n purposes of this section.\n ``(d) Special Rules.--For purposes of this section--\n ``(1) Dollar amounts in case of joint occupancy.--In the \n case of any structure which is jointly occupied and used during \n any calendar year by 2 or more persons the following shall \n apply:\n ``(A) The amount of the credit allowable under \n subsection (a) by reason of expenditures (as the case \n may be) made during such calendar year by any of such \n persons with respect to such structure shall be \n determined by treating all of such persons as 1 \n taxpayer whose taxable year is such calendar year.\n ``(B) There shall be allowable with respect to such \n expenditures to each of such person, a credit under \n subsection (a) for the taxable year in which such \n calendar year ends in an amount which bears the same \n ratio to the amount determined under subparagraph (A) \n as the amount of such expenditures made by such person \n during such calendar year bears to the aggregate of \n such expenditures made by all of such persons during \n such calendar year.\n ``(2) Tenant-stockholder in cooperative housing \n corporation.--In the case of an individual who is a tenant-\n stockholder (as defined in section 216) in a cooperative \n housing corporation (as defined in such section), such \n individual shall be treated as having made his tenant-\n stockholder's proportionate share (as defined in section \n 216(b)(3)) of any expenditures of such corporation.\n ``(3) Condominiums.--\n ``(A) In general.--In the case of an individual who \n is a member of a condominium management association \n with respect to a condominium which he owns, such \n individual shall be treated as having made his \n proportionate share of any expenditures of such \n association.\n ``(B) Condominium management association.--For \n purposes of this paragraph, the term `condominium \n management association' means an organization which \n meets the requirements of paragraph (1) of section \n 528(c) (other than subparagraph (E) thereof) with \n respect to a condominium project substantially all of \n the units of which are used as residences.\n ``(4) Joint ownership of items of renewable energy \n property.--\n ``(A) In general.--Any expenditure otherwise \n qualifying as an expenditure described in paragraph \n (2), (3), (5), or (6) of subsection (c) shall not be \n treated as failing to so qualify merely because such \n expenditure was made with respect to 2 or more \n structures.\n ``(B) Limits applied separately.--In the case of \n any expenditure described in subparagraph (A), the \n amount of the credit allowable under subsection (a) \n shall (subject to paragraph (1)) be computed separately \n with respect to the amount of the expenditure made for \n each structure.\n ``(5) Allocation in certain cases.--If 80 percent or more \n of the use of an item is for residential purposes, then the \n item shall be treated as used only for residential purposes.\n ``(6) When expenditure made; amount of expenditure.--\n ``(A) In general.--Except as provided in \n subparagraph (B), an expenditure with respect to an \n item shall be treated as made when the original \n installation of the item is completed.\n ``(B) Expenditures part of building construction.--\n In the case of an expenditure in connection with the \n construction or reconstruction of a structure, such \n expenditure shall be treated as made when the original \n use of the constructed or reconstructed structure by \n the taxpayer begins.\n ``(C) Amount.--The amount of any expenditure shall \n be the cost thereof.\n ``(7) Reduction of credit for grants, tax-exempt bonds, and \n subsidized energy financing.--The rules of section 29(b)(3) \n shall apply for purposes of this section.\n ``(8) Denial of double benefit.--No credit shall be allowed \n under subsection (a) for any expense for which a deduction or \n credit is allowed under any other provision of this chapter.\n ``(e) Basis Adjustments.--For purposes of this subtitle, if a \ncredit is allowed under this section for any expenditure with respect \nto any property, the increase in the basis of such property which would \n(but for this subsection) result from such expenditure shall be reduced \nby the amount of the credit so allowed.\n ``(f) Termination.--The credit allowed under this section shall not \napply to taxable years beginning after December 31, 2006.''.\n (b) Conforming and Technical Amendments.--\n (1) Subsection (a) of section 1016 of such Code is amended \n by striking ``and'' at the end of paragraph (26), by striking \n the period at the end of paragraph (27) and inserting ``; \n and'', and by adding at the end the following new paragraph:\n ``(28) to the extent provided in section 35(e), in the case \n of amounts with respect to which a credit has been allowed \n under section 35.''\n (2) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``or from section 35 of \n such Code'' before the period at the end.\n (3) The table of sections for such subpart C is amended by \n striking the item relating to section 35 and inserting the \n following new items:\n\n ``Sec. 35. Renewable energy property.\n ``Sec. 36. Overpayment of taxes.''\n\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after December 31, 2001.","summary":"Renewable Energy Act for Credit on Taxes - Amends the Internal Revenue Code to allow a refundable limited credit through tax year 2006 for expenditures for qualifying renewable energy property installed on or in connection with a US-sited residential or nonresidential structure.","title":"To amend the Internal Revenue Code of 1986 to allow a refundable credit for expenditures for renewable energy property.","text_len":12075,"sum_len":279} {"bill_id":"114_hr5581","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Contributions Legally Interdicted \nfrom Noncitizens To Our Nonprofits Act of 2016'' or as the ``CLINTON \nAct of 2016''.\n\nSEC. 2. CERTAIN CHARITABLE ORGANIZATIONS PROHIBITED FOR ACCEPTING \n CONTRIBUTIONS FROM PERSONS CONNECTED TO FOREIGN \n GOVERNMENTS.\n\n (a) In General.--Section 501 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(s) Prohibition on Acceptance of Contributions From Persons \nConnected to Foreign Governments by 501(c)(3) Organizations Established \nby Certain Federal Officials.--\n ``(1) Termination of tax-exempt status.--A Federal official \n organization shall not be treated as described in subsection \n (c)(3) with respect to any period after the date on which such \n organization knowingly or willingly accepts or solicits any \n contribution from any person connected to a foreign government. \n If a Federal official organization accepts a contribution from \n any person and learns that such person is connected to a \n foreign government after such acceptance, such organization \n shall not be treated for purposes of this subsection as \n knowingly or willingly accepting such contribution from such \n person if such contribution is returned to such person not \n later than the date which is 30 days after the date on which \n the organization so learns the status of such person.\n ``(2) Forfeiture of prohibited contributions.--There is \n hereby imposed a tax on any Federal official organization which \n knowingly or willingly accepts any contribution from any person \n connected to any foreign government in an amount equal to the \n amount of such contribution.\n ``(3) Federal official organization.--For purposes of this \n subsection, the term `Federal official organization' means any \n organization described in subsection (c)(3) (or which would be \n so described without regard to paragraph (1)) if one or more \n Federal officials established, control, or actively participate \n in the management of, such organization. For purposes of the \n preceding sentence, service in a merely honorary capacity shall \n note be treated as control or active participation in \n management.\n ``(4) Federal official.--For purposes of this subsection, \n the term `Federal official' means any individual who--\n ``(A) at any time prior the date of the \n contribution referred to in paragraph (1) or (2), is \n serving or has served as President or Vice-President, \n or\n ``(B) at any time during the 20-year period ending \n on the date of the contribution referred to in \n paragraph (1) or (2), holds or has held any of the \n following positions in the Federal government:\n ``(i) Any Member of Congress (including any \n Delegate and Resident Commissioner).\n ``(ii) Any officer or employee appointed by \n the President, Vice-President, or any agency \n head and subject to confirmation by the Senate.\n ``(iii) Any of the following positions \n which are held at the pleasure of the \n President:\n ``(I) Assistant to the President.\n ``(II) Chief of staff.\n ``(III) National security advisor.\n ``(IV) Deputy chief of staff.\n ``(iv) Any Federal judge, without regard to \n the article of the Constitution pursuant to \n which appointed.\n ``(5) Persons connected to foreign government.--For \n purposes of this subsection, the term `person connected to a \n foreign government' means the following:\n ``(A) Any department, agency, or instrumentality of \n a foreign government.\n ``(B) Any public international organization (as \n defined in section 104 of the Foreign Corrupt Practices \n Act of 1977 (15 U.S.C. 78dd-2)).\n ``(C) Any officer or employee of any entity \n described in subparagraph (A) or (B).\n ``(D) Any individual who was described in \n subparagraph (C) at any time during the 20-year period \n ending on the date on which the contribution from such \n individual is accepted or solicited.\n ``(E) Any person acting in an official capacity for \n or on behalf of any entity described in subparagraph \n (A) or (B).\n ``(F) Any person belonging to a ruling or royal \n family by virtue of sanguinity or marriage.\n ``(G) Any person related within four degrees of \n consanguinity to a person described in subparagraph (E) \n or (F).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto contributions made after the date of the enactment of this Act in \ntaxable years ending after such date.","summary":"Contributions Legally Interdicted from Noncitizens To Our Nonprofits Act of 2016 or the CLINTON Act of 2016 This bill amends the Internal Revenue Code to prohibit a federal official organization from being treated as a tax-exempt organization under section 501(c)(3) for any period after the date on which the organization knowingly or willingly accepts or solicits any contribution from any person connected to a foreign government. A tax-exempt organization is a quot, federal official organizationquot. If one or more current or former specified federal officials established, control, or actively participate in the management of the organization. If the organization accepts a contribution from any person and learns that that the person is connected to a foreign government after the acceptance, it will not be treated as knowingly or willingly accepting the contribution if the contribution is returned within 30 days of learning of the status of the person. The bill imposes a tax on any federal official organization that knowingly or willingly accepts any contribution from any person connected to any foreign government in an amount equal to the amount of the contribution.","title":"CLINTON Act of 2016","text_len":5551,"sum_len":1184} {"bill_id":"109_hr3545","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Uzbekistan Freedom Promotion Act of \n2005''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Department of State's 2004 Country Reports on Human \n Rights Practices for Uzbekistan states the following:\n (A) ``Uzbekistan is an authoritarian state with \n limited civil rights . . . President Islam Karimov and \n the centralized executive branch that serves him \n dominated political life and exercised nearly complete \n control over the other branches . . . The Government is \n highly centralized and is ruled by President Karimov \n and the executive branch through sweeping decree \n powers, primary authority for drafting legislation, and \n control of government appointments, most of the \n economy, and the security forces.''.\n (B) ``On December 26, [2004,] elections were held \n for seats in the lower chamber of the Supreme Assembly \n (Oliy Majlis) that fell significantly short of \n international standards for democratic elections . . . \n Citizens could not exercise the right to change their \n government peacefully . . . The law makes it extremely \n difficult for opposition parties to organize, nominate \n candidates, and campaign.''.\n (C) ``Police and, to a lesser extent, NSS [National \n Security Service] forces tortured, beat, and harassed \n persons . . . Members of the security forces \n responsible for documented abuses were rarely punished \n . . . Police, prison officials, and the NSS allegedly \n used suffocation, electric shock, rape, and other \n sexual abuse; however, beating was the most commonly \n reported method of torture.''.\n (D) ``The number of persons in prison for political \n or religious reasons--primarily persons the Government \n believed were associated with extremist Islamist \n political groups, but also members of the secular \n opposition and human rights activists--was estimated to \n be between 5,000 and 5,500.''.\n (E) ``The Government severely restricted freedom of \n speech and the press, and an atmosphere of repression \n stifled public criticism of the Government.''.\n (F) ``The Government continued to deny registration \n to several independent domestic human rights groups and \n increased pressure on unregistered groups . . . The \n Government denied the registration applications of two \n opposition political parties. The Government harassed \n and abused members of domestic human rights groups.''.\n (G) ``The Government restricted freedom of religion \n and harassed individuals suspected of belonging to \n extremist groups; several hundred were arrested. The \n Government limited the activities of minority \n religions.''.\n (H) ``The public generally did not have access to \n Government information, and information normally \n considered in the public domain, such as prosecutions \n for corruption or official malfeasance, were seldom \n reported.''.\n (2) On May 13, 2005, security forces of the Government of \n Uzbekistan conducted a brutal and indiscriminate assault on \n thousands of demonstrators and onlookers in the city of \n Andijan, which resulted in hundreds of deaths and many more \n injuries.\n (3) The Office for Democratic Institutions and Human Rights \n of the Organization for Security and Cooperation in Europe \n (OSCE) stated in its ``Preliminary Findings on the Events in \n Andijan, Uzbekistan, 13 May 2005'' that many of the protestors \n ``spoke about social and economic problems (lack of \n transparency, corruption in the government, unfair trials, \n abuse by police, unemployment, taxation, etc) . . . this also \n attracted others to the square''.\n (4) The Government of Uzbekistan has imprisoned dozens of \n individuals who participated in peaceful demonstrations and \n continues to engage in widespread arrests in the aftermath of \n the May 13, 2005, assault.\n (5) The Government of Uzbekistan has consistently denied \n that a massacre in Andijan took place, expelled local and \n foreign journalists from the region, and has refused to open \n the area to a full and independent investigation into the \n violence.\n (6) Following the massacre in Andijan, hundreds of Uzbek \n citizens fled to neighboring Kyrgyzstan, which faces pressure \n from the Uzbek Government to quickly return them, despite well-\n grounded concerns that they may be arrested and tortured upon \n their return, and where, although protected as refugees under \n international law, they have been targeted by Uzbek authorities \n for illegal repatriation and face continued threat from Uzbek \n security services operating in southern Kyrgyzstan.\n (7) In June 2005, the United States, the European Union \n (EU), the North Atlantic Treaty Organization (NATO), the United \n Nations High Commissioner for Human Rights, and the \n Organization for Security and Cooperation in Europe called for \n a credible independent international inquiry into the recent \n violence in Andijan and urged the Government of Uzbekistan to \n prosecute those responsible for civilian deaths.\n (8) A July 12, 2005, report by the United Nations High \n Commissioner for Human Rights states that ``consistent, \n credible eyewitness testimony strongly suggests that grave \n human rights violations, mostly of the right to life, were \n committed by Uzbek military and security forces . . . It is not \n excluded--judging from the accounts of the eyewitnesses \n interviewed--that the incidents amounted to a mass killing . . \n .'' in Andijan and reiterates a call for an independent \n international probe.\n (9) In July 2004, after a Department of State review of \n democratization in Uzbekistan, former Secretary of State Colin \n Powell determined that the Government of Uzbekistan was not \n fulfilling the terms of a 2002 Strategic Partnership Framework \n agreement that mandated ``substantial and continuing progress'' \n on democratization, and accordingly, he did not certify \n Uzbekistan as eligible to receive certain United States \n assistance.\n (10) By continuing to suppress human rights and to deny \n citizens peaceful, democratic means of expressing their \n convictions, the Government of Uzbekistan risks fueling popular \n support for violent and extremist movements.\n (11) President George W. Bush, in his second Inaugural \n Address, stated that the United States ``will persistently \n clarify the choice before every ruler and every nation: The \n moral choice between oppression, which is always wrong, and \n freedom, which is eternally right. America will not pretend \n that jailed dissidents prefer their chains, or that women \n welcome humiliation and servitude, or that any human being \n aspires to live at the mercy of bullies. We will encourage \n reform in other governments by making clear that success in our \n relations will require the decent treatment of their own \n people.''.\n (12) Congress has repeatedly expressed its desire to see \n deeper reform in Uzbekistan and has conditioned certain United \n States assistance to the Government of Uzbekistan on its \n progress in meeting human rights and democracy commitments made \n to the United States.\n (13) After expressions of concern by representatives of the \n Administration and Congress about the massacre at Andijan, the \n Government of Uzbekistan has restricted the use of the airbase \n at Karshi-Khanabad by United States military forces.\n (14) On July 5, 2005, the Government of Uzbekistan joined \n the Governments of the Russian Federation, the People's \n Republic of China, Kyrgyzstan, Kazakhstan, and Tajikistan in \n calling on countries involved in Coalition operations in \n Afghanistan to set a deadline for ending their use of airfields \n and other military presence in Central Asia.\n (15) On July 7, 2005, the Government of Uzbekistan \n indicated that it was reconsidering the use by the United \n States of the Karshi-Khanabad airbase.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress the actions of the Government of \nUzbekistan in general and in the case of the Andijan massacre \nspecifically--\n (1) are reprehensible, totalitarian, and unbecoming of an \n ally of the United States;\n (2) are counterproductive to the United States goals of \n promoting freedom and democracy; and\n (3) justify an end to United States assistance for, and an \n increase in restrictions on, the Government of Uzbekistan until \n it accelerates democratic reforms and fulfills its human rights \n obligations.\n\nSEC. 4. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN.\n\n (a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act \nof 1961 (22 U.S.C. 2353 et seq.) is amended--\n (1) by redesignating the second section 620G (as added by \n section 149 of Public Law 104-164 (110 Stat. 1436)) as section \n 620J; and\n (2) by adding at the end the following new section:\n\n``SEC. 620K. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN.\n\n ``(a) Limitation.--Notwithstanding any other provision of law, \nassistance under this Act or any other provision of law, other than \nassistance under the provisions of law described in subsection (b), may \nbe provided to the Government of the Republic of Uzbekistan for a \nfiscal year only if the President transmits to the appropriate \ncongressional committees a certification described in subsection (c) \nfor the fiscal year.\n ``(b) Provisions of Law Excluded.--The provisions of law described \nin this subsection are the following:\n ``(1) Title IV of chapter 2 of part I of this Act (relating \n to insurance, reinsurance, guarantees or other assistance \n provided by the Overseas Private Investment Corporation).\n ``(2) Section 661 of this Act (relating to assistance \n provided by the Trade and Development Agency).\n ``(3) Title V of the FREEDOM Support Act, sections 1424 and \n 1501(b) of the National Defense Authorization Act for Fiscal \n Year 1997, and any other provision of law that authorizes the \n provision of non-proliferation assistance to foreign countries.\n ``(4) Any provision of law that authorizes activities of \n the United States and Foreign Commercial Service.\n ``(5) The Export-Import Bank Act of 1945.\n ``(6) Any provision of law that authorizes the provision of \n humanitarian assistance.\n ``(c) Certification.--A certification described in this subsection \nis a certification that contains a determination of the President \nthat--\n ``(1) the Government of Uzbekistan has permitted and is \n fully cooperating with and supporting an independent \n international inquiry into the violence in Andijan, Uzbekistan, \n has ceased pressuring the Government of Kyrgyzstan to return \n the refugees who fled after the massacre, and is prosecuting \n those individuals responsible for civilian deaths or injuries \n in the violence; and\n ``(2) the Government of Uzbekistan has accelerated \n democratic reforms and fulfilled its human rights obligations \n by--\n ``(A) releasing from prison all individuals jailed \n for peaceful political activism or the nonviolent \n expression of their political or religious beliefs;\n ``(B) fully investigating any credible allegations \n of torture and prosecuting those individuals \n responsible;\n ``(C) permitting the free and unfettered \n functioning of independent media outlets, independent \n political parties, and nongovernmental organizations, \n whether officially registered or not;\n ``(D) permitting the free exercise of religious \n beliefs and ceasing the persecution of members of \n religious groups and denominations not registered with \n the Government of Uzbekistan;\n ``(E) holding internationally-observed, free, \n transparent, competitive, and fair elections; and\n ``(F) making publicly available documentation of \n its revenues and expenditures and prosecuting those \n individuals engaged in official corruption.\n ``(d) Definition.--In this section, the term `appropriate \ncongressional committees' means--\n ``(1) the Committee on International Relations and the \n Committee on Appropriations of the House of Representatives; \n and\n ``(2) the Committee on Foreign Relations and the Committee \n on Appropriations of the Senate.''.\n (b) Effective Date.--The limitation on assistance to the Government \nof Uzbekistan under section 620K of the Foreign Assistance Act of 1961, \nas added by subsection (a), applies with respect to assistance for the \nGovernment of Uzbekistan for fiscal year 2006 and subsequent fiscal \nyears.\n\nSEC. 5. RESTRICTION ON VISAS.\n\n A visa may not be issued to any official of the Government of \nUzbekistan who is credibly alleged to have ordered, acquiesced to, or \nparticipated in human rights abuses or corruption unless the Secretary \nof State certifies to the appropriate congressional committees that the \nissuance of the visa is in the national security interests of the \nUnited States.\n\nSEC. 6. FREEZING OF ASSETS.\n\n (a) In General.--The President shall seek to identify and freeze \nthe financial assets and other economic resources in the United States \nof any official of the Government of Uzbekistan, and their family \nmembers, who is credibly alleged to have ordered, acquiesced to, or \nparticipated in human rights abuses, including the massacre in Andijan.\n (b) Lifting of Restrictions.--The President shall, on a case-by-\ncase basis, lift the freezing of financial assets or other economic \nresources of any official or individual under this section if the \nPresident certifies to the appropriate congressional committees that \nthe official or individual has been properly investigated and cleared \nof any wrongdoing and that the Government of the United States is \nconfident that the investigation was properly conducted, transparent, \nand free of political influence.\n\nSEC. 7. MUNITIONS EXPORT LICENSES.\n\n The President shall prohibit the export to Uzbekistan of any item, \nincluding the issuance of a license for the export of any item under \nsection 38 of the Arms Export Control Act (22 U.S.C. 2778), on the \nUnited States Munitions List or Commerce Control List or any dual use \nitem under the Export Administration Regulations unless the President \ncertifies to the appropriate congressional committees and the \nCommittees on Armed Services of the House of Representatives and the \nSenate that the Government of Uzbekistan meets the requirements of \nparagraphs (1) and (2) of section 620K(c) of the Foreign Assistance Act \nof 1961, as added by section 4 of this Act.\n\nSEC. 8. EMERGENCY REFUGEE ADMISSION.\n\n The President shall expedite admission to the United States of any \nnational of Uzbekistan who is under threat of severe penalty as a \nresult of participating in pro-democracy activities, including those \ncitizens of Uzbekistan who have fled to Kyrgyzstan, and should \nencourage other governments to accept Uzbek refugees for resettlement.\n\nSEC. 9. PLAN TO MOVE UNITED STATES MILITARY OPERATIONS.\n\n Not later than 60 days after the date of the enactment of this Act, \nthe President shall transmit to the appropriate congressional \ncommittees and the Committees on Armed Services of the House of \nRepresentatives and the Senate a plan to move all existing United \nStates military operations in Uzbekistan to facilities outside that \ncountry.\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Committee on International Relations and \n the Committee on Appropriations of the House of \n Representatives; and\n (B) the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate.\n (2) Commerce control list.--The term ``Commerce Control \n List'' means the list maintained under part 774 of title 15, \n Code of Federal Regulations.\n (3) Dual use.--The term ``dual use'' means, with respect to \n goods or technology, those goods or technology that are \n specifically designed or developed for civil purposes but which \n also may be used or deployed in a military or proliferation \n mode. Such term does not include purely commercial items.\n (4) Export administration regulation.--The term ``Export \n Administration Regulations'' means those regulations contained \n in sections 730 through 774 of title 15, Code of Federal \n Regulations (or successor regulations).\n (5) Item.--The term ``item'' means any good or technology, \n defense article or defense service subject to the export \n jurisdiction of the United States under law or regulation.\n (6) United states munitions list.--The term ``United States \n Munitions List'' means the list referred to in section 38(a)(1) \n of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).","summary":"Uzbekistan Freedom Promotion Act of 2005 - Amends the Foreign Assistance Act of 1961 to prohibit assistance, with specified exceptions, to the government of Uzbekistan unless the President certifies to the appropriate congressional committees that the government of Uzbekistan: (1) is cooperating with an independent international inquiry into the Andijan violence, has ceased pressuring the government of Kyrgyzstan to return the refugees who fled the massacre, and is prosecuting responsible individuals. And (2) has accelerated democratic reforms and fulfilled its human rights obligations. Prohibits visa issuance to any official of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses or corruption unless the Secretary of State certifies to the appropriate congressional committees that the visa issuance is in US national security interests. Directs the President to: (1) freeze the financial assets and other economic resources in the United States of any official of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses, including the massacre in Andijan.. (2) prohibit munitions or dual use exports to Uzbekistan unless the President certifies that the government of Uzbekistan has met the requirements of the first paragraph above. (3) expedite US admission of any Uzbekistan national who is under threat of severe penalty as a result of participating in pro-democracy activities, including Uzbekistan citizens who have fled to Kyrgyzstan. And (4) transmit to the appropriate congressional committees a plan to move all US military operations from Uzbekistan.","title":"To limit assistance to the Government of Uzbekistan, and for other purposes.","text_len":18894,"sum_len":1712} {"bill_id":"114_s1739","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Truck Safety Act''.\n\nSEC. 2. MINIMUM AMOUNTS.\n\n (a) Transporting Property.--\n (1) In general.--Section 31139(b) of title 49, United \n States Code, is amended--\n (A) in paragraph (2), by striking ``$750,000'' and \n inserting ``$1,500,000''; and\n (B) by adding at the end the following:\n ``(3) The minimum level of financial responsibility under \n paragraph (2) shall be adjusted annually by the Secretary to \n reflect changes in the Consumer Price Index--All Urban \n Consumers.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall take effect 1 year after the date of enactment of this \n Act.\n (b) Rulemaking.--The Secretary of Transportation, by regulation, \nshall increase any minimum level of financial responsibility required \nunder section 31138 or section 31139 if, after an opportunity for \nnotice and comment, the Secretary determines that the current amount is \ninsufficient to satisfy liability amounts covering the claims described \nin section 31138 or section 31139, as applicable.\n\nSEC. 3. COLLISION AVOIDANCE TECHNOLOGIES.\n\n (a) In General.--Not later than 24 months after the date of \nenactment of this Act, the Secretary of Transportation shall initiate a \nrulemaking to establish a Federal motor vehicle safety standard \nrequiring a motor vehicle with a gross vehicle weight rating greater \nthan 26,000 pounds be equipped with crash avoidance and mitigation \nsystems, such as forward collision warning systems, forward collision \nautomatic braking systems, and lane departure warning systems.\n (b) Performance and Standards.--The regulations prescribed under \nsubsection (a) shall establish performance requirements and standards \nto prevent collisions with moving vehicles and stopped vehicles.\n (c) Effective Date.--The Secretary shall issue a final rule not \nlater than 2 years after the date of enactment of this Act, and the \nregulations prescribed by the Secretary under this section shall take \neffect 2 years after the date of publication of the final rule.\n\nSEC. 4. SPEED LIMITING DEVICES.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall finalize regulations to require a \nmotor vehicle with a gross vehicle weight rating greater than 26,000 \npounds to be equipped with an electronic control module requiring the \nspeed to be set at no more than 70 miles per hour by the manufacturer.\n\nSEC. 5. HIGH-RISK CARRIER COMPLIANCE REVIEWS.\n\n (a) High-Risk Carrier Compliance Reviews.--Section 31104(b) of \ntitle 49, United States Code, is amended by adding at the end the \nfollowing: ``From the funds authorized by this subsection, the \nSecretary shall ensure that a review is completed on each motor carrier \nthat demonstrates through performance data that it poses the highest \nsafety risk. At a minimum, a review shall be conducted whenever a motor \ncarrier is among the highest risk carriers for 2 consecutive months.''.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary of Transportation shall transmit to Congress a \nreport on the actions the Secretary has taken to comply with the review \nrequirement under section 31104(b) of title 49, United States Code, as \namended, including the number of high-risk motor carriers identified \nand the high-risk motor carriers reviewed.\n (c) Conforming Amendment.--Section 4138 of the Safe, Accountable, \nFlexible, Efficient Transportation Equity Act: A Legacy for Users (49 \nU.S.C. 31144 note) is repealed.\n\nSEC. 6. DRIVER COMPENSATION.\n\n (a) In General.--Chapter 311 of title 49, United States Code, is \namended by inserting after section 31139 the following:\n``Sec. 31140. Driver compensation\n ``(a) In General.--The Secretary of Transportation by regulation \nshall require that a motor carrier--\n ``(1) track the on-duty (not driving) time of an employee \n whose base compensation is calculated in a manner other than an \n hourly wage and who is required to keep a record of duty status \n under the hours of service regulations prescribed by the \n Secretary; and\n ``(2) separately compensate the employee for any on-duty \n (not driving) time period at an hourly rate not less than the \n Federal minimum wage rate under section 6 of the Fair Labor \n Standards Act of 1938 (29 U.S.C. 206).\n ``(b) Limitation.--This section shall not apply to an employee \nwhose employment is governed by a collective bargaining agreement, \nnegotiated by employee representatives certified as bona fide by the \nNational Labor Relations Board, if the agreement governs, and \ncompensates the employee for all hours of on-duty (not driving) time.\n ``(c) Rule of Construction.--Nothing in this section or regulations \nadopted under this section shall affect an employer's obligations under \nthe Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). \nCompensation of employees under this section and regulations \npromulgated under this section shall be in addition to other \ncompensation calculated for purposes of determining compliance with the \nFair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).''.\n (b) Conforming Amendment.--The table of contents of chapter 311 of \ntitle 49, United States Code, is amended by inserting after the item \nrelating to section 31139 the following:\n\n``31140. Driver compensation.''.\n\nSEC. 7. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.\n\n (a) Effects of Excessive Commuting.--The Administrator of the \nFederal Motor Carrier Safety Administration shall conduct a study of \nthe effects of excessive commuting on safety and commercial motor \nvehicle driver fatigue.\n (b) Study.--In conducting the study, the Administrator shall \nconsider--\n (1) the prevalence of excessive driver commuting in the \n commercial motor vehicle industry, including the number and \n percentage of drivers who commute;\n (2) the distances traveled, time zones crossed, time spent \n commuting, and methods of transportation used;\n (3) research on the impact of excessive commuting on safety \n and commercial motor vehicle driver fatigue;\n (4) the commuting practices of commercial motor vehicle \n drivers and policies of motor carriers;\n (5) the Federal Motor Carrier Safety Administration \n regulations, policies, and guidance regarding excessive driver \n commuting; and\n (6) any other matters the Administrator considers \n appropriate.\n (c) Report.--Not later than 18 months after the date of enactment \nof this Act, the Administrator shall submit to Congress a report \ncontaining its findings under the study and any recommendations for \nregulatory or administrative action concerning excessive driver \ncommuting.","summary":"Truck Safety Act This bill increases from $750,000 to $1.5 million the minimum level of financial responsibility required to satisfy liability covering public liability, property damage, and environmental restoration for the transportation of property by a commercial motor carrier in the United States or to a place outside the United States. The Department of Transportation (DOT) must increase, by regulation, the minimum level of financial responsibility for transporting property or passengers if the current amount is insufficient to satisfy liability claims. DOT shall initiate a rulemaking to establish a federal motor vehicle safety standard requiring a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds to be equipped with crash avoidance and mitigation systems. DOT shall finalize regulations to require such a motor vehicle also to be equipped with an electronic control module requiring the speed to be set by the manufacturer at a maximum 70 m. p. h. DOT must ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk, especially whenever it is among the highest risk carriers for two consecutive months. DOT shall require, with respect to driver compensation, that a motor carrier: track the on-duty time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations. And separately compensate the employee for any on-duty time period at an hourly rate not less than the federal minimum wage rate under the Fair Labor Standards Act of 1938. This compensation requirement, however, shall not apply where employment is governed by a collective bargaining agreement, negotiated by bona fide employee representatives, if the agreement governs, and compensates the employee for, all hours of on-duty time. The Federal Motor Carrier Safety Administration shall study the effects of excessive commuting on safety and commercial motor vehicle driver fatigue.","title":"Truck Safety Act","text_len":7028,"sum_len":2090} {"bill_id":"105_hr2889","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Commission for the New \nNational Goal: The Advancement of Global Health Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) During the 20th century the United States led the world \n in defeating totalitarianism and communism.\n (2) The United States also led the world in spreading and \n establishing democracy in every region.\n (3) The end of global conflict and the end of the Cold War, \n now guaranteed by the power and leadership of the United \n States, allow the Nation to establish new goals for the 21st \n century.\n (4) The United States, the world leader in the research, \n development, and production of technologies, medicines, and \n methodologies utilized to prevent and cure disease, has the \n human and natural resources to dedicate itself to the new \n national goal of the global eradication of disease.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the ``National \nCommission for the New National Goal: The Advancement of Global \nHealth'' (in this Act referred to as the ``Commission'').\n\nSEC. 4. DUTIES OF COMMISSION.\n\n The Commission shall recommend to the Congress a national strategy \nfor coordinating governmental, academic, and public and private health \ncare entities for the purpose of the global eradication of disease.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Membership of the Commission.--The Commission shall consist of \nindividuals who are of recognized standing and distinction and who \npossess the demonstrated capacity to discharge the duties imposed on \nthe Commission, and shall include representatives of the public, \nprivate, and academic areas whose capacity is based on a special \nknowledge or expertise in medical research or related areas.\n (b) Number and Appointment.--The Commission shall be composed of 13 \nmembers appointed as follows:\n (1) The Secretary of Health and Human Services (or the \n Secretary's delegate).\n (2) The Chairman of the Federal Trade Commission.\n (3) 3 Members of the Senate appointed jointly by the \n President of the Senate and the President pro tempore. Not more \n than 2 members appointed under this paragraph may be of the \n same political party.\n (4) 3 Members of the House of Representatives appointed by \n the Speaker of the House of Representatives. Not more than 2 \n members appointed under this paragraph may be of the same \n political party.\n (5) 2 individuals appointed by the President, by and with \n the advice and consent of the Senate, from among individuals \n who are not officers or employees of any government and who are \n specially qualified to serve on the Commission by virtue of \n their education, training, or experience.\n (6) 3 individuals appointed by the President from among \n individuals who will represent the views of recipients of \n health services. Not more than 1 member appointed under this \n paragraph may be an officer or employee of the Federal \n Government.\n (c) Continuation of Membership.--If a member was appointed to the \nCommission as a Member of Congress and the member ceases to be a Member \nof Congress, that member may continue as a member for not longer than \nthe 30-day period beginning on the date that member ceases to be a \nMember of Congress.\n (d) Terms.--Each member shall be appointed for the life of the \nCommission.\n (e) Basic Pay.--Members shall serve without pay.\n (f) Quorum.--7 members of the Commission shall constitute a quorum \nbut a lesser number may hold hearings.\n (g) Chairperson; Vice Chairperson.--The Chairperson and Vice \nChairperson of the Commission shall be designated by the President at \nthe time of the appointment.\n (h) Meetings.--The Commission shall meet monthly or at the call of \na majority of its members.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson or Vice Chairperson of the Commission, the head of that \ndepartment or agency shall furnish that information to the Commission.\n (d) Gifts, Bequests, and Devises.--The Commission may accept, use, \nand dispose of gifts, bequests, or devises of services or property, \nboth real and personal, for the purpose of aiding or facilitating the \nwork of the Commission. Gifts, bequests, or devises of money and \nproceeds from sales of other property received as gifts, bequests, or \ndevises shall be deposited in the Treasury and shall be available for \ndisbursement upon order of the Chairperson or Commission. For purposes \nof Federal income, estate, and gift taxes, property accepted under this \nsubsection shall be considered as a gift, bequest, or devise to the \nUnited States.\n (e) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (f) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n (g) Contract Authority.--The Commission may contract with and \ncompensate government and private agencies or persons for \nadministrative and other services, without regard to section 3709 of \nthe Revised Statutes (41 U.S.C. 5).\n\nSEC. 7. REPORTS.\n\n (a) Interim Reports.--The Commission may submit to the President \nand the Congress interim reports as the Commission considers \nappropriate.\n (b) Final Report.--The Commission shall transmit a final report to \nthe President and the Congress not later than 12 months after the date \nof enactment of this Act. The final report shall contain a detailed \nstatement of the findings and conclusions of the Commission, together \nwith its recommendations for legislative, administrative, or other \nactions, as the Commission considers appropriate.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate 30 days after submitting its final \nreport pursuant to section 7.\n\nSEC. 9. EFFECTIVE DATE.\n\n This Act shall take effect 60 days after the date of its enactment.\n\nSEC. 10. BUDGET ACT COMPLIANCE.\n\n Any spending authority (as defined in subparagraphs (A) and (C) of \nsection 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. \n651(c)(2) (A) and (C))) authorized by this Act shall be effective only \nto such extent and in such amounts as are provided in appropriation \nActs.","summary":"National Commission for the New National Goal: The Advancement of Global Health Act - Establishes the National Commission for the New National Goal: The Advancement of Global Health to report to the President and the Congress concerning a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. Terminates the Commission 30 days after the submission of its final report.","title":"National Commission for the New National Goal: The Advancement of Global Health Act","text_len":7319,"sum_len":471} {"bill_id":"114_hr3539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reinvigorating Antibiotic and \nDiagnostic Innovation Act of 2015''.\n\nSEC. 2. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE \n PRODUCTS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE \n PRODUCTS.\n\n ``(a) General Rule.--For purposes of section 38, the qualified \ninfectious disease product credit determined under this section for the \ntaxable year is an amount equal to 50 percent of the qualified clinical \ntesting expenses for the taxable year.\n ``(b) Qualified Clinical Testing Expenses.--For purposes of this \nsection--\n ``(1) Qualified clinical testing expenses.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the term `qualified clinical testing \n expenses' means the amounts which are paid or incurred \n by the taxpayer during the taxable year which would be \n described in subsection (b) of section 41 if such \n subsection were applied with the modifications set \n forth in subparagraph (B).\n ``(B) Modifications.--For purposes of subparagraph \n (A), subsection (b) of section 41 shall be applied--\n ``(i) by substituting `clinical testing' \n for `qualified research' each place it appears \n in paragraphs (2) and (3) of such subsection, \n and\n ``(ii) by substituting `100 percent' for \n `65 percent' in paragraph (3)(A) of such \n subsection.\n ``(C) Exclusion for amounts funded by grants, \n etc.--The term `qualified clinical testing expenses' \n shall not include any amount to the extent such amount \n is funded by any grant, contract, or otherwise by \n another person (or any governmental entity).\n ``(D) Special rule.--For purposes of this \n paragraph, section 41 shall be deemed to remain in \n effect for periods after enactment of this section.\n ``(2) Clinical testing.--\n ``(A) In general.--The term `clinical testing' \n means any human clinical testing--\n ``(i) which is carried out under an \n exemption for a drug being tested as an \n antibiotic or antifungal drug under section \n 505(i) of the Federal Food, Drug, and Cosmetic \n Act (or regulations issued under such section),\n ``(ii) which occurs before the date on \n which an application with respect to such drug \n is approved under section 505(b) of such Act \n or, if the drug is a biological product, before \n the date on which a license for such drug is \n issued under section 351 of the Public Health \n Service Act, and\n ``(iii) which is conducted by or on behalf \n of the taxpayer to whom exemption under section \n 505(i) of such Act is granted.\n ``(B) Testing must be related to use as qualified \n infectious disease product.--Human clinical testing \n shall be taken into account under subparagraph (A) only \n to the extent such testing is related to the use of the \n drug as a qualified infectious disease product.\n ``(c) Coordination With Credit for Increasing Research \nExpenditures.--\n ``(1) In general.--Except as provided in paragraph (2), any \n qualified clinical testing expenses for a taxable year to which \n an election under this section applies shall not be taken into \n account for purposes of determining the credit allowable under \n section 41 for such taxable year.\n ``(2) Expenses included in determining base period research \n expenses.--Any qualified clinical testing expenses for any \n taxable year which are qualified research expenses (within the \n meaning of section 41(b)) shall be taken into account in \n determining base period research expenses for purposes of \n applying section 41 to subsequent taxable years.\n ``(d) Definitions and Special Rules.--\n ``(1) Qualified infectious disease product.--For purposes \n of this section, the term `qualified infectious disease \n product' means any drug or biological product for human use \n that--\n ``(A) is intended to treat a serious or life-\n threatening infection, including those caused by--\n ``(i) an antibacterial or antifungal \n resistant pathogen (including novel or emerging \n infectious pathogens), or\n ``(ii) qualifying pathogens listed by the \n Secretary of Health and Human Services under \n section 505E(f) of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 351 et seq.), and\n ``(B) is intended to treat an infection for which \n there is an unmet medical need as defined by the \n Secretary of Health and Human Services.\n ``(2) Special limitation on foreign testing.--\n ``(A) In general.--No credit shall be allowed under \n this section with respect to any clinical testing \n conducted outside the United States unless--\n ``(i) such testing is conducted outside the \n United States because there is an insufficient \n testing population in the United States, and\n ``(ii) such testing is conducted by a \n United States person or by any other person who \n is not related to the taxpayer to whom \n exemption under section 505(i) of the Federal \n Food, Drug, and Cosmetic Act is granted.\n ``(B) Insufficient testing population.--For \n purposes of this section, the testing population in the \n United States is insufficient if there are not within \n the United States the number of available and \n appropriate human subjects needed to produce reliable \n and timely data from the clinical investigation.\n ``(3) Certain rules made applicable.--Rules similar to the \n rules of paragraphs (1) and (2) of section 41(f) shall apply \n for purposes of this section.\n ``(4) Election.--This section shall apply to any taxpayer \n for any taxable year only if such taxpayer elects (at such time \n and in such manner as the Secretary may by regulations \n prescribe) to have this section apply for such taxable year.\n ``(e) Transferability.--\n ``(1) In general.--Any taxpayer holding a credit under this \n section may transfer for valuable consideration unused but \n otherwise allowable credit for use by a qualified \n pharmaceutical research taxpayer. A taxpayer that transfers any \n amount of credit under this section shall file a notification \n of such transfer to the Secretary in accordance with procedures \n and forms prescribed by the Secretary.\n ``(2) Use of transferred credit.--Any qualified \n pharmaceutical research taxpayer that receives credit that has \n been transferred shall use such credit for the taxable year in \n which the transfer occurred. Any unused amounts of such credit \n may be carried back or forward to other taxable years in \n accordance with section 39.\n ``(3) Definition of qualified pharmaceutical research \n taxpayer.--For purposes of this section, the term `qualified \n pharmaceutical research taxpayer' means any domestic \n corporation the primary mission of which is pharmaceutical \n research or development.''.\n (b) Made Part of Business Credit.--Section 38(b) of such Code is \namended by striking ``plus'' at the end of paragraph (35), by striking \nthe period at the end of paragraph (36) and inserting ``, plus'', and \nby adding at the end the following new paragraph:\n ``(37) the qualified infectious disease product credit \n determined under section 45S(a).''.\n (c) Clerical Amendments.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``45S. Clinical testing expenses for qualified infectious disease \n products.''.\n (d) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred after the date of the enactment of this \nAct.\n\nSEC. 3. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES \n DIAGNOSTIC TESTS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986, as amended by section 2, is \namended by adding at the end the following new section:\n\n``SEC. 45T. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES \n DIAGNOSTIC TESTS.\n\n ``(a) General Rule.--For purposes of section 38, the credit \ndetermined under this section for the taxable year is an amount equal \nto 50 percent of the qualified clinical testing expenses for the \ntaxable year.\n ``(b) Qualified Clinical Testing Expenses.--For purposes of this \nsection--\n ``(1) Qualified clinical testing expenses.--\n ``(A) In general.--Except as otherwise provided in \n this paragraph, the term `qualified clinical testing \n expenses' means the amounts which are paid or incurred \n by the taxpayer during the taxable year which would be \n described in subsection (b) of section 41 if such \n subsection were applied with the modifications set \n forth in subparagraph (B).\n ``(B) Modifications.--For purposes of subparagraph \n (A), subsection (b) of section 41 shall be applied--\n ``(i) by substituting `clinical testing' \n for `qualified research' each place it appears \n in paragraphs (2) and (3) of such subsection, \n and\n ``(ii) by substituting `100 percent' for \n `65 percent' in paragraph (3)(A) of such \n subsection.\n ``(C) Exclusion for amounts funded by grants, \n etc.--The term `qualified clinical testing expenses' \n shall not include any amount to the extent such amount \n is funded by any grant, contract, or otherwise by \n another person (or any governmental entity).\n ``(D) Special rule.--For purposes of this \n paragraph, section 41 shall be deemed to remain in \n effect for periods after enactment of this section.\n ``(2) Clinical testing.--\n ``(A) In general.--The term `clinical testing' \n means any human clinical testing--\n ``(i) which is carried out under an \n exemption for a device being tested under \n section 520(g) of the Federal Food, Drug, and \n Cosmetic Act (or regulations issued under such \n section),\n ``(ii) which is related only to such use as \n a qualified rapid infectious diseases \n diagnostic test,\n ``(iii) which occurs before the date on \n which an application with respect to such \n device receives premarket approval, if \n required, under section 515 of such Act, or \n receives clearance, if required, under section \n 510(k) of such Act, and\n ``(iv) which is conducted by or on behalf \n of the taxpayer to whom the exemption under \n section 520(g) of such Act was granted.\n ``(c) Coordination With Credit for Increasing Research \nExpenditures.--\n ``(1) In general.--Except as provided in paragraph (2), any \n qualified clinical testing expenses for a taxable year to which \n an election under this section applies shall not be taken into \n account for purposes of determining the credit allowable under \n section 41 for such taxable year.\n ``(2) Expenses included in determining base period research \n expenses.--Any qualified clinical testing expenses for any \n taxable year which are qualified research expenses (within the \n meaning of section 41(b)) shall be taken into account in \n determining base period research expenses for purposes of \n applying section 41 to subsequent taxable years.\n ``(d) Definitions and Special Rules.--\n ``(1) Qualified rapid infectious diseases diagnostic \n test.--For purposes of this section, the term `qualified rapid \n infectious diseases diagnostic test' means an in-vitro \n diagnostic (IVD) device that provides results in less than four \n hours and that is used to identify or detect the presence, \n concentration, or characteristics of a serious or life-\n threatening infection, including those caused by (1) an \n antibacterial or antifungal resistant pathogen, including novel \n or emerging infectious pathogens or (2) qualifying pathogens \n listed by the Secretary of Health and Human Services under \n Chapter V (21 U.S.C. 351 et seq.) section 505E(f).\n ``(2) Special limitation on foreign testing.--\n ``(A) In general.--No credit shall be allowed under \n this section with respect to any clinical testing \n conducted outside the United States unless--\n ``(i) such testing is conducted outside the \n United States because there is an insufficient \n testing population in the United States, and\n ``(ii) such testing is conducted by a \n United States person or by any other person who \n is not related to the taxpayer to whom the \n exemption under section 520(g) of Federal Food, \n Drug, and Cosmetic Act was granted.\n ``(B) Insufficient testing population.--For \n purposes of this section, the testing population in the \n United States is insufficient if there are not within \n the United States the number of available and \n appropriate human subjects needed to produce reliable \n and timely data from the clinical investigation.\n ``(3) Certain rules made applicable.--Rules similar to the \n rules of paragraphs (1) and (2) of section 41(f) shall apply \n for purposes of this section.\n ``(4) Election.--This section shall apply to any taxpayer \n for any taxable year only if such taxpayer elects (at such time \n and in such manner as the Secretary may by regulations \n prescribe) to have this section apply for such taxable year.\n ``(e) Transferability.--\n ``(1) In general.--Any taxpayer holding a credit under this \n section may transfer for valuable consideration unused but \n otherwise allowable credit for use by a qualified diagnostics \n research taxpayer. A taxpayer that transfers any amount of \n credit under this section shall file a notification of such \n transfer to the Secretary in accordance with procedures and \n forms prescribed by the Secretary.\n ``(2) Use of transferred credit.--Any qualified diagnostics \n research taxpayer that receives credit that has been \n transferred shall use such credit for the taxable year in which \n the transfer occurred. Any unused amounts of such credit may be \n carried back or forward to other taxable years in accordance \n with section 39.\n ``(3) Definition of qualified diagnostics research \n taxpayer.--For purposes of this section, the term `qualified \n diagnostics research taxpayer' means any domestic corporation \n that derives--\n ``(A) any gross income from research or development \n on diagnostic tests used to identify or detect the \n presence, concentration or characteristics of a serious \n or life-threatening infectious disease or pathogen; or\n ``(B) any gross income from research or development \n on qualified infectious disease products within the \n meaning given to such term in section 505E(g) of the \n Federal, Food, Drug, and Cosmetic Act; or\n ``(C) more than 50 percent of its gross income from \n activities related to health care.''.\n (b) Made Part of Business Credit.--Section 38(b) of such Code, as \namended by section 2, is amended by striking ``plus'' at the end of \nparagraph (36), by striking the period at the end of paragraph (37) and \ninserting ``, plus'', and by adding at the end the following new \nparagraph:\n ``(38) the credit determined under section 45T(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code, as amended by \nsection 2, is amended by adding at the end the following new item:\n\n``Sec. 45T. Clinical testing expenses for rapid infectious diseases \n diagnostic tests.''.\n (d) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred after the date of the enactment of this \nAct.","summary":"Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015 This bill amends the Internal Revenue Code to allow tax credits for 50 of the clinical testing expenses for: (1) infectious disease products that are intended to treat a serious or life-threatening infection, including one caused by an antibacterial or antifungal resistant pathogen or a qualifying pathogen listed by the Department of Health and Human Services as having the potential to pose a serious threat to public health. And (2) in-vitro diagnostic devices that identify in less than four hours the presence, concentration, or characteristics of a serious or life-threatening infection.","title":"Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015","text_len":18893,"sum_len":658} {"bill_id":"108_hr4136","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Education Tax Credit Simplification Act \nof 2004''.\n\nSEC. 2. HOPE AND LIFETIME LEARNING CREDITS COMBINED.\n\n (a) In General.--So much of section 25A of the Internal Revenue \nCode of 1986 (relating to Hope and Lifetime Learning Credits) as \nprecedes subsection (d) is amended to read as follows:\n\n``SEC. 25A. EDUCATION CREDIT.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year the amount equal to 50 percent of so much of the \nqualified expenses paid by the taxpayer during the taxable year (for \neducation furnished to an individual during any academic period \nbeginning in such taxable year) as does not exceed $3,000 for such \ntaxable year with respect to such individual.\n ``(b) Qualified Expenses.--For purposes of subsection (a), the term \n`qualified expenses' means the sum of--\n ``(1) qualified higher education expenses, and\n ``(2) the expenses described in subsection (d)(1) with \n respect to any course of instruction at an eligible educational \n institution to acquire or improve job skills of the \n individual.''.\n (b) Conforming Amendments to Credit.--\n (1) Section 25A of such Code is amended--\n (A) by striking subsection (h), and\n (B) by redesignating subsections (d), (e), (f), \n (g), and (i) as subsections (c), (d), (e), (f), and \n (g), respectively.\n (2) Subsection (f)(2) of section 25A of such Code, as so \n redesignated, is amended by striking ``(before the application \n of subsections (b), (c), and (d))''.\n (c) Other Conforming and Clerical Amendments.--\n (1) The following provisions of such Code are each amended \n by striking ``section 25A(g)(2)'' and inserting ``section \n 25A(f)(2)'':\n (A) Section 72(t)(7)(B).\n (B) Section 221(d)(2)(B).\n (C) Section 222(d)(1) (as amended by section 132 of \n this Act).\n (D) Section 529(c)(3)(B)(v)(I).\n (E) Section 530(b)(2)(A).\n (F) Section 530(d)(2)(C)(i)(I).\n (G) Section 530(d)(4)(B)(iii).\n (2) Section 221(d) of such Code is amended--\n (A) in paragraph (2) by striking ``section \n 25A(f)(2)'' and inserting ``section 25A(e)(2)'', and\n (B) by amending paragraph (3) to read as follows:\n ``(3) Eligible student.--The term `eligible student' means, \n with respect to any academic period, a student who--\n ``(A) meets the requirements of section 484(a)(1) \n of the Higher Education Act of 1965 (20 U.S.C. \n 1091(a)(1)), as in effect on the date of the enactment \n of this section, and\n ``(B) is carrying at least \\1\/2\\ the normal full-\n time work load for the course of study the student is \n pursuing.''.\n (3) Section 529(e)(3)(B)(i) of such Code is amended by \n striking ``section 25A(b)(3)'' and inserting ``section \n 221(d)(3)''.\n (4) The heading of section 529(c)(3)(B)(v) of such Code is \n amended to read as follows: ``Coordination with education \n credit.--''.\n (5) The heading of section 530(d)(2)(C) of such Code is \n amended to read as follows: ``Coordination with education \n credit and qualified tuition programs.--''.\n (6) Section 6050S(e) of such Code is amended by striking \n ``subsection (g)(2)'' and inserting ``subsection (f)(2)''.\n (7) Section 6213(g)(2)(J) of such Code is amended by \n striking ``section 25A(g)(1)'' and inserting ``section \n 25A(f)(1)''.\n (8) The item relating to section 25A in the table of \n sections for subpart A of part IV of subchapter A of chapter 1 \n of such Code is amended to read as follows:\n\n``Sec. 25A. Education Credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2003.\n\nSEC. 3. UNIFORM DEFINITION OF QUALIFYING HIGHER EDUCATION EXPENSES.\n\n (a) In General.--Paragraph (3) of section 529(e) of such Code \n(relating to other definitions and special rules) is amended to read as \nfollows:\n ``(3) Qualified higher education expenses.--\n ``(A) In general.--The term `qualified higher \n education expenses' means--\n ``(i) tuition, fees, books, supplies, and \n equipment required for the enrollment or \n attendance of a designated beneficiary at an \n eligible educational institution; and\n ``(ii) expenses for special needs services \n in the case of a special needs beneficiary \n which are incurred in connection with such \n enrollment or attendance.\n ``(B) Room and board included for students who are \n at least half-time.--\n ``(i) In general.--In the case of an \n individual who is an eligible student for any \n academic period, such term shall also include \n reasonable costs for such period (as determined \n under the qualified tuition program) incurred \n by the designated beneficiary for room and \n board while attending such institution. For \n purposes of subsection (b)(7), a designated \n beneficiary shall be treated as meeting the \n requirements of this clause.\n ``(ii) Limitation.--The amount treated as \n qualified higher education expenses by reason \n of clause (i) shall not exceed--\n ``(I) the allowance (applicable to \n the student) for room and board \n included in the cost of attendance (as \n defined in section 472 of the Higher \n Education Act of 1965 (20 U.S.C. \n 1087ll), as in effect on the date of \n the enactment of the Economic Growth \n and Tax Relief Reconciliation Act of \n 2001) as determined by the eligible \n educational institution for such \n period, or\n ``(II) if greater, the actual \n invoice amount the student residing in \n housing owned or operated by the \n eligible educational institution is \n charged by such institution for room \n and board costs for such period.\n ``(iii) Eligible student.--For purposes of \n this subparagraph, the term `eligible student' \n means, with respect to any academic period, a \n student who--\n ``(I) meets the requirements of \n section 484(a)(1) of the Higher \n Education Act of 1965 (20 U.S.C. \n 1091(a)(1)), as in effect on the date \n of the enactment of this section, and\n ``(II) is carrying at least \\1\/2\\ \n the normal full-time work load for the \n course of study the student is \n pursuing.\n ``(C) Exceptions.--\n ``(i) Exception for education involving \n sports, etc.--Such term does not include \n expenses with respect to any course or other \n education involving sports, games, or hobbies, \n unless such course or other education is part \n of the individual's degree program.\n ``(ii) Exception for nonacademic fees.--\n Such term does not include student activity \n fees, athletic fees, insurance expenses, or \n other expenses unrelated to an individual's \n academic course of instruction.''.\n (b) Conforming Amendments.--\n (1) Section 25A and 6050S of such Code are each amended by \n striking ``qualified tuition and related expenses'' each place \n it appears and inserting ``qualified higher education \n expenses''.\n (2) Section 25A(e)(1) of such Code (as amended by this Act) \n is amended to read as follows:\n ``(1) Qualified higher education expenses.--The term \n `qualified higher education expenses' means the qualified \n higher education expenses (as defined by section 529(e)(3) \n without regard to subparagraph (B) thereof) required for the \n enrollment or attendance of--\n ``(A) the taxpayer,\n ``(B) the taxpayer's spouse, or\n ``(C) any dependent of the taxpayer with respect to \n whom the taxpayer is allowed a deduction under section \n 151,\n at an eligible educational institution for courses of \n instruction of such individual at such institution.''.\n (3) Section 135(c)(2) of such Code is amended--\n (A) by striking ``tuition and fees'' and inserting \n ``the qualified higher education expenses (as defined \n by section 529(e)(3) without regard to subparagraph (B) \n thereof)'', and\n (B) by striking subparagraph (B) and redesignating \n subparagraph (C) as subparagraph (B).\n (4) Section 221(d)(2) of such Code is amended by striking \n ``the cost of attendance (as defined in section 472 of the \n Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on \n the day before the date of the enactment of this Act)'' and \n inserting ``the qualified higher education expenses (as defined \n by section 529(e)(3) without regard to subparagraph (B) \n thereof) incurred for attendance''.\n (5)(A) Section 222 of such Code is amended by striking \n ``qualified tuition and related expenses'' each place it \n appears and inserting ``qualified higher education expenses''.\n (B) Section 222(d)(1) of such Code is amended to read as \n follows:\n ``(1) Qualified higher education expenses.--The term \n `qualified higher education expenses' has the meaning given \n such term by section 529(e)(3) (without regard to subparagraph \n (B) thereof). Such expenses shall be reduced in the same manner \n as under section 25A(f)(2).''.\n (C) Section 222(d) of such Code is amended by redesignating \n paragraph (6) as paragraph (7) and by inserting after paragraph \n (5) the following new paragraph:\n ``(6) Room and board included for students who are full-\n time.--No amount shall be taken into account under this section \n for an expense described in section 529(e)(3)(B) (relating to \n room and board included for students who are at least half-\n time) unless such individual is an eligible student (as defined \n in section 25A(b)(3), determined by substituting `the normal \n full-time work load' in lieu of `\\1\/2\\ the normal full-time \n work load' in subparagraph (B) thereof.''.\n (D) The heading for section 222 of such Code is amended by \n striking ``TUITION AND RELATED'' and inserting ``HIGHER \n EDUCATION''.\n (E) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by amending the item relating \n to section 222 to read as follows:\n\n``Sec. 222. Qualified higher education expenses.''.\n (6)(A) Section 6724(d) of such Code is amended--\n (i) in paragraph (1)(B)(x) by striking ``qualified \n tuition and related expenses'' and inserting \n ``qualified higher education expenses'', and\n (ii) in paragraph (2)(Z) by striking ``qualified \n tuition and related expenses'' and inserting \n ``qualified higher education expenses''.\n (c) Effective Date.--The amendments made by this section shall \napply to amounts paid in taxable years beginning after December 31, \n2003, for education furnished in periods beginning after such date.","summary":"Education Tax Credit Simplification Act of 2004 - Amends the Internal Revenue Code to revise the Hope and Lifetime Learning Tax Credits. Combines both credits into an Education Credit that allows certain students a tax credit of 50 percent of their qualified higher education expenses and educational expenses to acquire or improve job skills, up to $3,000 per year. Eliminates the annual cost of living adjustments to the allowable credit amount.","title":"To amend the Internal Revenue Code of 1986 to combine the Hope and Lifetime Learning credits and to provide a uniform definition of qualifying higher education expenses.","text_len":13327,"sum_len":447} {"bill_id":"105_hr458","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Campaign Truth and Fairness Act of \n1997''.\n\nSEC. 2. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE.\n\n (a) Soft Money of Committees of Political Parties.--Title III of \nthe Federal Election Campaign Act of 1971 is amended by adding at the \nend the following new section:\n\n ``soft money of political party committees\n\n ``Sec. 323. (a) Limitations on National Committee.--(1) A national \ncommittee of a political party and the congressional campaign \ncommittees of a political party may not solicit or accept contributions \nor transfers not subject to the limitations, prohibitions, and \nreporting requirements of this Act.\n ``(2) Paragraph (1) shall not apply to contributions--\n ``(A) that--\n ``(i) are to be transferred to a State committee of \n a political party and are used solely for activities \n described in clauses (xi) through (xvii) of paragraph \n (9)(B) of section 301; or\n ``(ii) are described in section 301(8)(B)(viii); \n and\n ``(B) with respect to which contributors have been notified \n that the funds will be used solely for the purposes described \n in subparagraph (A).\n ``(b) Activities Subject to This Act.--Any amount solicited, \nreceived, expended, or disbursed directly or indirectly by a national, \nState, district, or local committee of a political party with respect \nto any of the following activities shall be subject to the limitations, \nprohibitions, and reporting requirements of this Act:\n ``(1)(A) Any get-out-the-vote activity conducted during a \n calendar year in which an election for the office of President \n is held.\n ``(B) Any other get-out-the-vote activity unless subsection \n (c)(2) applies to the activity.\n ``(2) Any generic campaign activity.\n ``(3) Any activity that identifies or promotes a Federal \n candidate, regardless of whether--\n ``(A) a State or local candidate is also identified \n or promoted; or\n ``(B) any portion of the funds disbursed \n constitutes a contribution or expenditure under this \n Act.\n ``(4) Voter registration.\n ``(5) Development and maintenance of voter files during an \n even-numbered calendar year.\n ``(6) Any other activity that--\n ``(A) significantly affects a Federal election, or\n ``(B) is not otherwise described in section \n 301(9)(B)(xvii).\nAny amount spent to raise funds that are used, in whole or in part, in \nconnection with activities described in the preceding paragraphs shall \nbe subject to the limitations, prohibitions, and reporting requirements \nof this Act.\n ``(c) Get-Out-The-Vote Activities By State, District, and Local \nCommittees of Political Parties.--(1) Except as provided in paragraph \n(2), any get-out-the-vote activity for a State or local candidate, or \nfor a ballot measure, which is conducted by a State, district, or local \ncommittee of a political party shall be subject to the limitations, \nprohibitions, and reporting requirements of this Act.\n ``(2) Paragraph (1) shall not apply to any activity which the State \ncommittee of a political party certifies to the Commission is an \nactivity which--\n ``(A) is conducted during a calendar year other than a \n calendar year in which an election for the office of President \n is held,\n ``(B) is exclusively on behalf of (and specifically \n identifies only) one or more State or local candidates or \n ballot measures, and\n ``(C) does not include any effort or means used to identify \n or turn out those identified to be supporters of any Federal \n candidate (including any activity that is undertaken in \n coordination with, or on behalf of, a candidate for Federal \n office).\n ``(d) State Party Grassroots Funds.--(1) A State committee of a \npolitical party may make disbursements and expenditures from its State \nParty Grassroots Fund only for--\n ``(A) any generic campaign activity;\n ``(B) payments described in clauses (v), (x), and (xii) of \n paragraph (8)(B) and clauses (iv), (viii), and (ix) of \n paragraph (9)(B) of section 301;\n ``(C) subject to the limitations of section 315(d), \n payments described in clause (xii) of paragraph (8)(B), and \n clause (ix) of paragraph (9)(B), of section 301 on behalf of \n candidates other than for President and Vice President;\n ``(D) voter registration; and\n ``(E) development and maintenance of voter files during an \n even-numbered calendar year.\n ``(2) Notwithstanding section 315(a)(4), no funds may be \ntransferred by a State committee of a political party from its State \nParty Grassroots Fund to any other State Party Grassroots Fund or to \nany other political committee, except a transfer may be made to a \ndistrict or local committee of the same political party in the same \nState if such district or local committee--\n ``(A) has established a separate segregated fund for the \n purposes described in paragraph (1); and\n ``(B) uses the transferred funds solely for those purposes.\n ``(e) Amounts Received by Grassroots Fund From State and Local \nCandidate Committees.--(1) Any amount received by a State Party \nGrassroots Fund from a State or local candidate committee for \nexpenditures described in subsection (b) that are for the benefit of \nthat candidate shall be treated as meeting the requirements of \nsubsection (b) if--\n ``(A) such amount is derived from funds which meet the \n requirements of this Act with respect to any limitation or \n prohibition as to source or dollar amount specified in section \n 315(a) (1)(A) and (2)(A); and\n ``(B) the State or local candidate committee--\n ``(i) maintains, in the account from which payment \n is made, records of the sources and amounts of funds \n for purposes of determining whether such requirements \n are met; and\n ``(ii) certifies that such requirements were met.\n ``(2) For purposes of paragraph (1)(A), in determining whether the \nfunds transferred meet the requirements of this Act described in such \nparagraph--\n ``(A) a State or local candidate committee's cash on hand \n shall be treated as consisting of the funds most recently \n received by the committee, and\n ``(B) the committee must be able to demonstrate that its \n cash on hand contains sufficient funds meeting such \n requirements as are necessary to cover the transferred funds.\n ``(3) Notwithstanding paragraph (1), any State Party Grassroots \nFund receiving any transfer described in paragraph (1) from a State or \nlocal candidate committee shall be required to meet the reporting \nrequirements of this Act, and shall submit to the Commission all \ncertifications received, with respect to receipt of the transfer from \nsuch candidate committee.\n ``(4) For purposes of this subsection, a State or local candidate \ncommittee is a committee established, financed, maintained, or \ncontrolled by a candidate for other than Federal office.\n ``(f) Related Entities.--The provisions of this Act shall apply to \nany entity that is established, financed, or maintained by a national \ncommittee or State committee of a political party in the same manner as \nthey apply to the national or State committee.''\n (b) Contributions and Expenditures.--\n (1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C. \n 431(8)(B)) is amended--\n (A) by striking ``and'' at the end of clause \n (xiii);\n (B) by striking clause (xiv); and\n (C) by adding at the end the following new clauses:\n ``(xiv) any amount contributed to a \n candidate for other than Federal office;\n ``(xv) any amount received or expended to \n pay the costs of a State or local political \n convention;\n ``(xvi) any payment for campaign activities \n that are exclusively on behalf of (and \n specifically identify only) State or local \n candidates and do not identify any Federal \n candidate, and that are not activities \n described in section 323(b) (without regard to \n paragraph (6)(B)) or section 323(c)(1);\n ``(xvii) any payment for administrative \n expenses of a State or local committee of a \n political party, including expenses for--\n ``(I) overhead, including party \n meetings;\n ``(II) staff (other than \n individuals devoting a significant \n amount of their time to elections for \n Federal office and individuals engaged \nin conducting get-out-the-vote activities for a Federal election); and\n ``(III) conducting party elections \n or caucuses;\n ``(xviii) any payment for research \n pertaining solely to State and local candidates \n and issues;\n ``(xix) any payment for development and \n maintenance of voter files other than during \n the 1-year period ending on the date during an \n even-numbered calendar year on which regularly \n scheduled general elections for Federal office \n occur; and\n ``(xx) any payment for any other activity \n which is solely for the purpose of influencing, \n and which solely affects, an election for non-\n Federal office and which is not an activity \n described in section 323(b) (without regard to \n paragraph (6)(B)) or section 323(c)(1).''.\n (2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C. \n 431(9)(B)) is amended--\n (A) by striking ``and'' at the end of clause (ix);\n (B) by striking the period at the end of clause (x) \n and inserting a semicolon; and\n (C) by adding at the end the following new clauses:\n ``(xi) any amount contributed to a \n candidate for other than Federal office;\n ``(xii) any amount received or expended to \n pay the costs of a State or local political \n convention;\n ``(xiii) any payment for campaign \n activities that are exclusively on behalf of \n (and specifically identify only) State or local \n candidates and do not identify any Federal \n candidate, and that are not activities \n described in section 323(b) (without regard to \n paragraph (6)(B)) or section 323(c)(1);\n ``(xiv) any payment for administrative \n expenses of a State or local committee of a \n political party, including expenses for--\n ``(I) overhead, including party \n meetings;\n ``(II) staff (other than \n individuals devoting a significant \n amount of their time to elections for \n Federal office and individuals engaged \n in conducting get-out-the-vote \n activities for a Federal election); and\n ``(III) conducting party elections \n or caucuses;\n ``(xv) any payment for research pertaining \n solely to State and local candidates and \n issues;\n ``(xvi) any payment for development and \n maintenance of voter files other than during \n the 1-year period ending on the date during an \n even-numbered calendar year on which regularly \n scheduled general elections for Federal office \n occur; and\n ``(xvii) any payment for any other activity \n which is solely for the purpose of influencing, \n and which solely affects, an election for non-\n Federal office and which is not an activity \n described in section 323(b) (without regard to \n paragraph (6)(B)) or section 323(c)(1).''.\n\nSEC. 3. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE \n CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO \n OTHER PERSONS.\n\n (a) Persons Generally.--Section 315(a)(1)(A) of the Federal \nElection Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by \nstriking out ``$1,000'' and inserting in lieu thereof ``$2,500''.\n (b) Multicandidate Political Committees.--Section 315(a)(2)(A) of \nthe Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is \namended by striking out ``$5,000'' and inserting in lieu thereof \n``$2,500''.\n\nSEC. 4. LIMITATION ON PERSONAL CONTRIBUTIONS BY CANDIDATES IN HOUSE OF \n REPRESENTATIVES ELECTIONS.\n\n Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n441a) is amended by adding at the end the following new subsection:\n ``(i) A candidate for the office of Representative in, or Delegate \nor Resident Commissioner to, the Congress may not make contributions of \nmore than $100,000 to the campaign of the candidate with respect to an \nelection cycle. As used in this subsection, the term `election cycle' \nmeans, with respect to a candidate, the period beginning on the day \nafter the date of the most recent general election for the office \ninvolved and ending on the date of the next general election for such \noffice.''.","summary":"Campaign Truth and Fairness Act of 1997 - Amends the Federal Election Campaign Act of 1971 to prohibit a national committee or a congressional campaign committee of a political party from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act . Specifies exceptions and inclusions, including get-out-the-vote activities. Specifies permitted State Party Grassroots Fund expenditures. Sets forth specified contribution and expenditure exclusions. Increases individual contribution limits to a candidate and his or her political committee, and decreases similar multicandidate political committee limits, to $2,500. Limits personal contributions by a candidate for the House of Representatives to $100,000 per campaign cycle.","title":"Campaign Truth and Fairness Act of 1997","text_len":15049,"sum_len":803} {"bill_id":"104_hr2152","text":"of Approval.--A joint resolution described in \nthis paragraph means only a joint resolution which is introduced within \nthe 10-day period beginning on the date on which the Commission submits \nrecommendations under section 102(c) and--\n (1) which does not have a preamble;\n (2) the matter after the resolving clause of which is as \n follows: ``That Congress approves the recommendations of the \n Independent Commission on Medicare concerning methods to \n control outlays under the medicare program for fiscal year \n ________, as submitted by the Commission on ______________.'', \n the first blank space being filled in with the appropriate \n fiscal year and the second\n blank space being filled in with the appropriate date; and\n (3) the title of which is as follows: ``Joint resolution \n approving recommendations of the Independent Commission on \n Medicare concerning methods to control outlays under the \n medicare program for fiscal year ________, as submitted by the \n Commission on ______________.'', the first blank space being \n filled in with the appropriate fiscal year and the second blank \n space being filled in with the appropriate date.\n (c) Procedures for Consideration of Resolution of Approval.--\nSubject to subsection (d), the provisions of section 2908 (other than \nsubsection (a)) of the Defense Base Closure and Realignment Act of 1990 \nshall apply to the consideration of a joint resolution described in \nsubsection (b) in the same manner as such provisions apply to a joint \nresolution described in section 2908(a) of such Act.\n (d) Special Rules.--For purposes of applying subsection (c) with \nrespect to such provisions--\n (1) any reference to the Committee on Armed Services of the \n House of Representatives shall be deemed a reference to an \n appropriate committee of the House of Representatives \n (specified by the Speaker of the House of Representatives at \n the time of submission of recommendations under subsection (c)) \n and any reference to the Committee on Armed Services of the \n Senate shall be deemed a reference to an appropriate committee \n of the Senate (specified by the majority leader of the Senate \n at the time of submission of recommendations by the Commission \n under section 102(c)); and\n (2) any reference to the date on which the President \n transmits a report shall be deemed a reference to the date on \n which the Commission submits recommendations under section \n 102(c).\n\nSEC. 104. NO TERMINATION OF COMMISSION.\n\n Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. \nApp.; relating to the termination of advisory committees) shall not \napply to the Commission.\n\n TITLE II--CONTROLLING OUTLAYS UNDER MEDICARE PROGRAM\n\nSEC. 201. ESTABLISHMENT OF ANNUAL LIMITS ON OUTLAYS.\n\n Not later than April 15 of each year (beginning with 1996), \nCongress shall in the concurrent resolution on the budget for the \nfiscal year beginning on the following October 1 establish a limit on \ntotal outlays to be made under the medicare program for the fiscal \nyear.\n\nSEC. 202. ENFORCEMENT OF LIMITS THROUGH SEQUESTRATION.\n\n (a) In General.--Part C of the Balanced Budget and Emergency \nDeficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by \ninserting after section 252 the following new section:\n\n``SEC. 252A. SEQUESTRATION WITH RESPECT TO MEDICARE.\n\n ``(a) Sequestration.--If, with respect to a fiscal year (beginning \nwith fiscal year 1997), Congress has not enacted a joint resolution \nunder section 103(b) of the Commission to Save Medicare Act of 1995 \nbefore the first day of the fiscal year, there shall be a sequestration \nto eliminate any budgetary excess in the medicare program as described \nin subsection (b).\n ``(b) Eliminating a Budgetary Excess.--\n ``(1) In general.--Outlays under the medicare program shall \n be reduced during a fiscal year as provided by paragraph (2), \n as necessary to eliminate any amount by which estimated outlays \n under the program in the year exceed the limit for such outlays \n established for the year by Congress pursuant to section 201 of \n the Commission to Save Medicare Act of 1995.\n ``(2) Reductions described.--In carrying out paragraph (1), \n the President shall--\n ``(A) reduce payments made under the medicare \n program by a uniform percentage sufficient to reduce 50 \n percent of the amount described in paragraph (1); and\n ``(B) increase premiums, deductibles, copayments, \n and coinsurance required to be paid under the program \n by a uniform percentage sufficient to reduce 50 percent \n of the amount described in paragraph (1).\n ``(c) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) \nand (7) of section 251(a) shall apply to sequestration of amounts under \nthis section in the same manner as those paragraphs apply to \ndiscretionary appropriations and sequestrations under that section.\n ``(d) Coordination With Other Sequestration.--\n ``(1) In general.--Reductions under subsection (b) for a \n fiscal year shall supersede any reduction otherwise made under \n section 252 or 253.\n ``(2) Reports.--On the dates specified in section 254(a), \n OMB and CBO shall issue preview, update, and final reports on \n medicare sequestration under this section. Such reports shall \n specify--\n ``(A) the estimated amount described in subsection \n (b)(1) for the fiscal year;\n ``(B) the estimated uniform percentage described in \n subsection (b)(2)(A) of the fiscal year; and\n ``(C) the estimated uniform percentage described in \n subsection (b)(2)(B) of the fiscal year.\n ``(3) Rules for application of reductions.--The provisions \n of section 256(d) shall apply to reductions under this \n section.''.\n (b) Clerical Amendment.--The table of contents for part C of the \nBalanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 \net seq.) is amended by inserting after the item relating to section 252 \nthe following:\n\n ``Sec. 252A. Sequestration with respect to medicare.''.","summary":"TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1995 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits. And (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. Provides procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Provides that Congress, not later than April 15 of each year, shall, in the concurrent resolution on the budget for the following fiscal year, establish a limit on total outlays to be made under the Medicare program for the fiscal year involved. Provides for the enforcement of such limits through sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 .","title":"Commission to Save Medicare Act of 1995","text_len":6547,"sum_len":1301} {"bill_id":"113_s2764","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``American Livestock Protection and \nRanching Opportunity Act of 2014''.\n\nSEC. 2. SENSE OF CONGRESS REGARDING COUNTRY OF ORIGIN LABELING.\n\n It is the sense of Congress that--\n (1) the overwhelming majority of consumers in the United \n States want to know where animals used to produce the meat \n eaten by the consumers is born, raised, and slaughtered;\n (2) country-of-origin labeling provides information that \n consumers in the United States have a right to know; and\n (3) country-of-origin labeling facilitates supply chain \n information critical for food safety.\n\nSEC. 3. PROHIBITION ON IMPORTATION OF FRESH MEAT AND MEAT PRODUCTS FROM \n COUNTRIES WITH FOOT-AND-MOUTH DISEASE.\n\n Section 10404 of the Animal Health Protection Act (7 U.S.C. 8303) \nis amended by adding at the end the following:\n ``(d) Prohibition on Importation of Fresh Meat and Meat Products \nFrom Countries With Foot-and-Mouth Disease.--Notwithstanding any other \nprovision of law, until the date on which the Secretary of Agriculture \ncertifies to Congress that a country is free of foot-and-mouth disease \nwithout vaccination, the Secretary may not--\n ``(1) allow the importation of fresh meat or meat products \n from that country; or\n ``(2) initiate, administer, finalize, or enforce any \n rulemaking allowing for the new importation of any fresh meat \n or meat product from that country.''.\n\nSEC. 4. BRUCELLOSIS RESEARCH AND COMPENSATION.\n\n (a) Livestock Disease Initiative.--Title IV of the Agricultural \nResearch, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et \nseq.) is amended by inserting after the title heading the following:\n\n``SEC. 401. LIVESTOCK DISEASE INITIATIVE.\n\n ``(a) In General.--There is established in the Department a \nlivestock disease initiative under which the Secretary shall provide to \neligible entities competitive grants for research and development \ndescribed in subsection (d).\n ``(b) Eligible Entities.--To be eligible to receive a grant under \nthis section, an entity shall be--\n ``(1) a Federal agency;\n ``(2) a National Laboratory;\n ``(3) an institution of higher education;\n ``(4) a research institution; or\n ``(5) a State agricultural experiment station.\n ``(c) Priority.--In awarding grants under this section, the \nSecretary shall give priority to research and development relating to \nbovine brucellosis, bovine tuberculosis, and other zoonotic diseases in \nlivestock that are covered by a high-priority research and extension \ninitiative authorized under section 1672 of the Food, Agriculture, \nConservation, and Trade Act of 1990 (7 U.S.C. 5925).\n ``(d) Use of Grants.--An entity that receives a grant under this \nsection shall use the grant to conduct research and development \nrelating to surveillance methods, vaccines, vaccination delivery \nsystems, or diagnostic tests for diseases in domestic livestock that \npresent a potential concern to public health and safety, as determined \nby the Secretary.\n ``(e) Matching Funds.--\n ``(1) In general.--In awarding grants under this section, \n the Secretary may give priority to proposals from eligible \n entities that provide matching funds for the grants in a manner \n as determined by the Secretary, but shall not require eligible \n entities to have matching funds as a requirement of being \n awarded a grant.\n ``(2) Exemption.--The matching funds requirement under \n section 1492 of the National Agricultural Research, Extension, \n and Teaching Policy Act of 1977 (7 U.S.C. 3371) shall not apply \n in the case of a grant awarded under this section.\n ``(f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $5,000,000 for each of fiscal \nyears 2015 through 2018.''.\n (b) Assistance for Losses Due to Brucellosis.--Section 1501(c) of \nthe Agricultural Act of 2014 (7 U.S.C. 9081(c)) is amended--\n (1) in paragraph (1)(A), by inserting ``or brucellosis'' \n after ``fire condition'' both places it appears;\n (2) in paragraph (2)--\n (A) in subparagraph (A), by striking ``or'' at the \n end;\n (B) in subparagraph (B), by striking the period at \n the end and inserting ``; or''; and\n (C) by adding at the end the following:\n ``(C) brucellosis, as described in paragraph \n (6).''; and\n (3) by adding at the end the following:\n ``(6) Assistance for losses due to brucellosis.--\n ``(A) In general.--An eligible livestock producer \n may receive assistance under this paragraph only if the \n grazing losses occur due to quarantine of livestock \n under section 10407 of the Farm Security and Rural \n Investment Act of 2002 (7 U.S.C. 8306) due to \n brucellosis infection in the Greater Yellowstone \n Designated Surveillance Area, as determined by the \n Secretary.\n ``(B) Payment rate.--The payment rate for \n assistance under this paragraph shall be equal to 60 \n percent of the monthly feed cost (as determined under \n paragraph (3)(C)) for the total number of livestock of \n the eligible livestock producer subject to \n quarantine.''.\n\nSEC. 5. LIVESTOCK INDEMNITY PAYMENTS.\n\n Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) \nis amended by striking paragraph (2) and inserting the following:\n ``(2) Payment rates.--Indemnity payments to an eligible \n producer on a farm under paragraph (1) shall be made at a rate \n of 75 percent of the higher of, as determined by the \n Secretary--\n ``(A) the market value of the applicable livestock \n on the earliest day that information is available to \n the Secretary; or\n ``(B) the applicable nationwide price of the \n applicable livestock for the previous calendar year.''.\n\nSEC. 6. LIVESTOCK FORAGE DISASTER PROGRAM.\n\n Section 1501(c)(3)(C) of the Agricultural Act of 2014 (7 U.S.C. \n9081(c)(3)(C)) is amended by adding at the end the following:\n ``(iv) High-value forage.--The Secretary \n may provide for a price adjustment in the \n monthly feed cost in the case of high-value \n forage, as determined by the Secretary.''.","summary":"American Livestock Protection and Ranching Opportunity Act of 2014 - Expresses the sense of Congress that: the majority of consumers in the United States want to know where animals used to produce the meat eaten are born, raised, and slaughtered. Country-of-origin labeling provides information that consumers have a right to know. And country-of-origin labeling facilitates supply chain information critical for food safety. Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture (USDA) from allowing or advancing regulations that allow the importation of fresh meat and meat products from a country until the Secretary certifies to Congress that a country is free of foot-and-mouth disease without vaccination. Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a USDA livestock disease initiative to provide competitive grants for research and development related to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety. Makes federal agencies, national laboratories, institutions of higher education, research institutions, and state agricultural experiment stations eligible for grants. Amends the Agricultural Act of 2014 to provide eligible livestock producers with assistance for losses due to brucellosis and to alter the payment rates USDA uses to provide agricultural disaster assistance under the Livestock Indemnity Program and the Livestock Forage Disaster Program.","title":"American Livestock Protection and Ranching Opportunity Act of 2014","text_len":6850,"sum_len":1570} {"bill_id":"109_hr4795","text":"SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS.\n\n (a) Due Process.--Paragraph (6) of section 496(a) of the Higher \nEducation Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as \nfollows:\n ``(6) such agency or association shall apply procedures \n throughout the accrediting process, including evaluation, \n interim sanction, and withdrawal or termination of \n accreditation proceedings, that comply with due process, \n including the right to--\n ``(A) adequate specification of the agency's \n accrediting requirements;\n ``(B) written notice of deficiencies at the \n institution of higher education or program being \n examined and a reasonable time period, expressly set \n forth in the notice, to correct the deficiencies;\n ``(C) advance notice of and an opportunity for a \n hearing by any such institution before the agency's \n decision making body prior to the agency's final \n consideration of imposition of an adverse action;\n ``(D) appeal any adverse action by the agency \n against any such institution to an independent and \n impartial arbitration panel appointed jointly by the \n agency and the institution and conducted at the \n location of the institution;\n ``(E) appeal, at a minimum, the adequacy of the \n evidence supporting the adverse action decision, the \n adequacy of the agency's compliance with its own \n policies and procedures, and the extent to which the \n decision of the agency was tainted by bias or prejudice \n of any agent or official of the agency;\n ``(F) representation by counsel for any such \n institution;\n ``(G) an arbitration panel decision that may affirm \n or reverse, but not modify, the decision appealed by \n the institution; and\n ``(H) an allocation of the costs of the appeal that \n requires the agency and institution to each bear its \n own attorney, witness, and other costs of presentation \n of its case at the arbitration hearing and shifts the \n cost of the arbitration panel and any court reporter to \n the losing party;\n except that the Secretary may issue regulations to further \n define due process requirements as needed to protect accredited \n institutions, but may not by regulation reduce due process \n requirements available to accredited institutions, whether the \n due process is required under this paragraph or another \n provision of law or regulation;''.\n (b) Additional Criteria.--Section 496(a) is amended--\n (1) by striking ``and'' at the end of paragraph (7);\n (2) by striking the period at the end of paragraph (8) and \n inserting a semicolon; and\n (3) by adding at the end the following new paragraphs:\n ``(9) if an agency or association conducts an assessment of \n an institution's governing board--\n ``(A) such assessment shall consistently apply the \n accreditation standard, to the greatest extent \n possible, to any State-appointed receiver, special \n trustee, or similar interim governing authority, until \n such time as governing authority is returned to the \n regular governing board; and\n ``(B) such agency or association shall not \n terminate accreditation solely on the ground that the \n institution is under interim management of a State-\n appointed receiver, special trustee, or similar \n governing authority unless the agency or association \n determines that there are other deficiencies at the \n institution that provide grounds for termination, and \n that, after providing due process required by this \n section, the interim governing authority has not \n corrected such deficiencies within a reasonable period \n of time; and\n ``(10) such agency or association, and any officer or \n subdivision of such agency or association that makes \n accreditation recommendations to its decision-making board, \n shall conduct meetings open to public observation and comment \n and shall, at least 7 days before the time of any such meeting, \n post and distribute its meeting agenda electronically and \n otherwise to the public, and, for purposes of this paragraph--\n ``(A) the term `meetings' includes all meetings, \n hearings, appeals, deliberations, and votes on \n accreditation matters regarding any educational \n institution or on accrediting standards, policies, or \n procedures; and\n ``(B) the Secretary shall issue regulations to \n implement this paragraph.''.\n (c) Recognition of State Accrediting Agencies.--Section \n496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or \nbefore October 1, 1991''.","summary":"Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions. Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies. (2) advance notice of any adverse action and an opportunity for a hearing. And (3) a right to appeal an adverse action to an independent and impartial arbitration panel. Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership. And (2) allow public access to meetings involving accreditation recommendations. Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process.","title":"To amend the Higher Education Act of 1965 to require accrediting agencies and associations to comply with due process throughout the accreditation process, and for other purposes.","text_len":5496,"sum_len":880} {"bill_id":"104_s1975","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Precision Agriculture Research, \nEducation, and Information Dissemination Act of 1996''.\n\nSEC. 2. EMPHASIS ON COMPETITIVE GRANTS TO PROMOTE PRECISION \n AGRICULTURE.\n\n (a) Promotion of Precision Agriculture.--Subsection (k) of the \nCompetitive, Special, and Facilities Research Grant Act (section 2 of \nPublic Law 89-106; 7 U.S.C. 450i) is amended to read as follows:\n ``(k) Emphasis on Precision Agriculture.--\n ``(1) Definitions.--In this subsection:\n ``(A) Advisory board.--The term `advisory board' \n means the National Agricultural Research, Extension, \n Education, and Economics Advisory Board established \n under section 1408 of the National Agricultural \n Research, Extension, and Teaching Policy Act of 1977 (7 \n U.S.C. 3123).\n ``(B) Agricultural inputs.--The term `agricultural \n inputs' includes all farm management, agronomic, and \n field-applied agricultural production inputs, such as \n machinery, labor, time, fuel, irrigation water, \n commercial nutrients, livestock waste, crop protection \n chemicals, agronomic data and information, application \n and management services, seed, and other inputs used in \n agricultural production.\n ``(C) Precision agriculture.--The term `precision \n agriculture' means an integrated information- and \n production-based farming system that is designed to \n increase long-term site-specific and whole-farm \n production efficiencies, productivity, and \n profitability while minimizing unintended impacts on \n wildlife and the environment by--\n ``(i) combining agricultural sciences, \n agricultural inputs and practices, agronomic \n production databases, and precision agriculture \n technologies to efficiently manage agronomic \n systems;\n ``(ii) gathering on-farm information \n pertaining to the variation and interaction of \n site-specific spatial and temporal factors \n affecting crop production;\n ``(iii) integrating the information with \n appropriate data derived from remote sensing \n and other precision agriculture technologies in \n a timely manner in order to facilitate on-farm \n decisionmaking; and\n ``(iv) using the information to prescribe \n and deliver site-specific application of \n agricultural inputs and management practices in \n agricultural production systems.\n ``(D) Precision agriculture technologies.--The term \n `precision agriculture technologies' includes--\n ``(i) instrumentation and techniques \n ranging from sophisticated sensors and software \n systems to manual sampling and data collection \n tools that measure, record, and manage spatial \n and temporal data;\n ``(ii) technologies for searching out and \n assembling information necessary for sound \n agricultural production decisionmaking;\n ``(iii) open systems technologies for data \n networking and processing that produce valued \n systems for farm management decisionmaking, \n including high bandwidth networks, distributed \n processing, spatial databasing, object \n technology, global positioning systems, data \n modeling, high performance image processing, \n high resolution satellite imagery, digital \n orthophotgrammetry simulation, geographic \n information systems, computer aided design, and \n digital cartography; and\n ``(iv) machines that deliver information \n based management practices, including global \n positioning satellites, digital field mapping, \n on-the-go yield monitoring, automated pest \n scouting, and site-specific agricultural input \n application to accomplish the objectives of \n precision agriculture.\n ``(E) Systems research.--The term `systems \n research' means an integrated, coordinated, and \n iterative investigative process that considers the \n multiple interacting components and aspects of \n precision agriculture systems, including synthesis of \n new knowledge regarding the physical-chemical-\n biological processes and complex interactions with \n cropping and natural resource systems, precision \n agriculture technologies development and \n implementation, data and information collection and \n interpretation, production scale planning, production-\n scale implementation, and farm production efficiencies, \n productivity, and profitability.\n ``(2) Emphasis on research, education, and information \n dissemination grants.--The Secretary of Agriculture, in \n collaboration with the advisory board, shall ensure that \n research, education, and information dissemination grants made \n under subsection (b) are, where appropriate, consistent with \n the development and promotion of precision agriculture. \n Research, education, and information dissemination projects \n supported by the grants and designed to develop and demonstrate \n precision agriculture shall address 1 or more of the following:\n ``(A) The study and promotion of components of \n precision agriculture technologies using a systems \n research approach designed to increase long-term site-\n specific and whole-farm production efficiencies, \n productivity, and profitability.\n ``(B) The improvement in the understanding of \n agronomic systems, including soil, water, land cover, \n and meteorological variability.\n ``(C) The development, demonstration, and \n dissemination of information regarding precision \n agriculture technologies and systems into an integrated \n program.\n ``(D) The promotion of systems research and \n education projects focusing on the integration of the \n multiple aspects of precision agriculture, including \n development, production-scale implementation, and farm \n production efficiencies, productivity, and \n profitability.\n ``(E) The education of agricultural producers and \n consumers regarding the benefits of precision \n agriculture as it relates to increased long-term farm \n production efficiencies, productivity, and \n profitability, as well as the maintenance of the \n environment and improvements in international trade.\n ``(F) The provision of training and educational \n programs for State cooperative extension services \n agents, agricultural producers, agricultural input \n machinery, product, and service providers, and \n certified crop advisers and other professionals \n involved in the agricultural production and transfer of \n integrated precision agriculture technology.\n ``(3) Priorities for research, education, and information \n dissemination grants.--In making grants to eligible entities \n under subsection (b) regarding precision agriculture, the \n Secretary, in collaboration with the advisory board, shall give \n priority to research, education, and information dissemination \n projects that are designed to accomplish the following:\n ``(A) The use of precision agriculture technologies \n and a systems research approach to increase long-term \n site-specific and whole-farm production efficiencies, \n productivity, and profitability.\n ``(B) The integration of research, education, and \n information dissemination components in a practical and \n readily available manner so that the findings of the \n project will be made readily usable by farmers.\n ``(C) The promotion of the efficient use of \n agricultural inputs, rather than the uniform reduction \n in the use of agricultural inputs.\n ``(D) The maximization of the involvement and \n cooperation of precision agriculture producers, \n certified crop advisers, State cooperative extension \n services agents, and agricultural input machinery, \n product, and service providers in precision agriculture \n systems research projects involving on-farm research, \n education, and information dissemination of precision \n agriculture.\n ``(E) The cooperation among farms that are managed \n using precision agriculture farm production practices, \n nonprofit organizations, agribusinesses, agricultural \n input machinery, product, and service providers, land-\n grant colleges and universities, the State cooperative \n extension services, and Government agencies (including \n national laboratories).\n ``(F) The benefits of precision agriculture in \n relationship to global food production, reducing world \n hunger, world population trends, and efforts to \n maintain and enhance the environment.\n ``(G) The diversity of United States agricultural \n production, including production on family owned and \n operated farms, large acreage farms, small acreage \n farms, and mixed crop, specialty crop, commodity crop, \n and livestock operations.\n ``(H) The maximization of collaboration with \n multiple agencies and other partners that includes \n leveraging of funds and resources.\n ``(4) Education and information dissemination.--\n ``(A) Reservation of funds for projects.--Of the \n funds allocated for competitive research grants under \n subsection (b) related to precision agriculture, the \n Secretary shall reserve a portion of the funds for \n education and information dissemination projects \n regarding precision agriculture.\n ``(B) Compliance with priorities for information \n dissemination.--In the dissemination of information \n derived from research projects regarding precision \n agriculture that are supported by grants made under \n subsection (b), the Secretary shall ensure that both \n employees of the Department of Agriculture and grant \n recipients comply with the priorities specified in \n paragraph (3).\n ``(5) Precision agriculture partnerships.--\n ``(A) Establishment.--For the purposes of this \n section, the Secretary, in collaboration with the \n advisory board, shall encourage the establishment of \n appropriate multistate and national partnerships or \n consortia between--\n ``(i) land-grant colleges and universities, \n State Agricultural Experiment Stations, State \n cooperative extension services, other colleges \n and universities with demonstrable expertise \n regarding precision agriculture, agencies of \n the Department of Agriculture, national \n laboratories, agribusinesses, agricultural \n equipment and input manufacturers and \n retailers, certified crop advisers, commodity \n organizations, other Federal or State \n government entities and agencies, and non-\n agricultural industries and nonprofit \n organizations with demonstrable expertise \n regarding precision agriculture; and\n ``(ii) the persons and entities described \n in clause (i) and agricultural producers and \n other land managers.\n ``(B) Partnership between national laboratories and \n department of agriculture.--The partnerships \n established pursuant to this paragraph shall include \n the partnership entered into (before the date of the \n enactment of this paragraph) by the Secretary of \n Energy, on behalf of the national laboratories, and the \n Secretary of Agriculture to promote cooperation and \n coordination between the national laboratories and \n agencies of the Department of Agriculture in the areas \n of systems research, technology research and \n development, and the transfer, utilization, and \nprivate-sector commercialization of technology.\n ``(C) Role of partnerships.--Partnerships described \n in subparagraphs (A) and (B) shall be eligible grantees \n for conducting systems research (including on-farm \n research) regarding precision agriculture and precision \n agriculture technologies.\n ``(6) Special aspects of research grants.--As part of a \n research project regarding precision agriculture that is funded \n under subsection (b), the grant recipient shall agree, to the \n extent practicable, to--\n ``(A) study precision agriculture production \n systems that are located in areas that possess diverse \n crop, soil, climate, and physical characteristics;\n ``(B) study farms that are or have been managed \n using precision agriculture farm production practices \n that rely on the efficient use of agricultural inputs \n and precision agriculture technologies to increase farm \n production efficiency, productivity, and profitability;\n ``(C) conduct demonstration projects on farms that \n will be managed using precision agriculture;\n ``(D) take advantage of the experience and \n expertise of agricultural producers through their \n direct participation and leadership in projects;\n ``(E) utilize advanced access and communications \n technologies to transfer practical, reliable, and \n timely information to agricultural producers concerning \n precision agriculture practices, technologies, and \n systems; and\n ``(F) promote partnerships among producers, \n nonprofit organizations, agribusinesses, agricultural \n input machinery, product, and service providers, \n colleges and universities, the State cooperative \n extension services, and Government agencies (including \n national laboratories).''.\n (b) Reporting Requirements.--Subsection (l) of the Competitive, \nSpecial, and Facilities Research Grant Act (section 2 of Public Law 89-\n106; 7 U.S.C. 450i) is amended to read as follows:\n ``(l) Reporting Requirements of Grant Recipients.--In addition to \nthe recordkeeping responsibilities of recipients of assistance under \nthis section, as prescribed by the Secretary under subsection (f), the \nSecretary shall prescribe regulations to require grant recipients to \nsubmit to the Secretary periodic reports regarding the research, \neducation, and information dissemination activities supported with the \nassistance so as to enhance the usefulness of the monitoring and \nevaluation system developed by the Secretary under section 1413A(b) of \nthe National Agricultural Research, Extension, and Teaching Policy Act \nof 1977 (7 U.S.C. 3129(b)).''.\n (c) Entities Eligible for Grants.--Subsection (b)(1) of the \nCompetitive, Special, and Facilities Research Grant Act (section 2 of \nPublic Law 89-106; 7 U.S.C. 450i) is amended--\n (1) by inserting after ``Federal agencies'' the following: \n ``(including laboratories as defined in section 12(d) of the \n Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. \n 3710a(d)))''; and\n (2) by inserting after ``corporations'' the following: \n ``(including agricultural input machinery, product, and service \n providers)''.\n (d) Precision Agriculture Research, Extension, and Education, Under \nFund for Rural America.--Section 793(c)(2)(A) of the Federal \nAgriculture Improvement and Reform Act of 1996 (Public Law 104-127; 7 \nU.S.C. 2204f(c)(2)(A)) is amended--\n (1) by striking ``and'' at the end of clause (vii);\n (2) by striking the period at the end of clause (viii) and \n inserting ``; and''; and\n (3) by inserting after clause (viii) the following:\n ``(ix) develop and promote precision \n agriculture and precision agriculture \n technologies using a systems research approach, \n as the terms are defined in subsection (k)(1) \n of the Competitive, Special, and Facilities \n Research Grant Act (section 2 of Public Law 89-\n 106; 7 U.S.C. 450i).''.\n (e) Technical Amendment.--Subsection (b)(9)(A) of the Competitive, \nSpecial, and Facilities Research Grant Act (section 2 of Public Law 89-\n106; 7 U.S.C. 450i) is amended by striking ``subsection (j)'' and \ninserting ``subsection (k)''.","summary":"Precision Agriculture Research, Education, and Information Dissemination Act of 1996 - Amends the Competitive, Special, and Facilities Research Grant Act to emphasize competitive grants that promote precision agriculture research projects and to promote dissemination of such projects' results. Provides for the establishment of multistate and national agriculture partnerships, including existing partnerships between national laboratories and the Department of Agriculture. Amends the Federal Agriculture Improvement and Reform Act of 1996 to include precision agriculture within the research categories of the Fund for Rural America.","title":"Precision Agriculture Research, Education, and Information Dissemination Act of 1996","text_len":19326,"sum_len":636} {"bill_id":"103_s1637","text":"SECTION 1. SHORT TITLE.\n\n This Act may be referred to as the ``Department of the Interior \nReform and Savings Act of 1993''.\n\n TITLE I--IMPROVE THE FEDERAL HELIUM PROGRAM\n\nSEC. 101. AMENDMENTS TO HELIUM ACT AMENDMENTS OF 1960.\n\n (a) Section 4 of the Helium Act Amendments of 1960 (74 Stat. 920, \n50 U.S.C. 167b) is amended to insert after ``lands acquired, leased, or \nreserved;'' the following: ``reduce costs and increase operational \nefficiencies, especially in operations that do not produce revenue; \nestablish and adjust fees charged private industry for storage, \ntransmission, and withdrawal of privately-owned helium from Government \nstorage facilities to compensate fully for all costs incurred;''.\n (b) Section 6 of the Helium Act Amendments of 1960 (74 Stat. 921, \n50 U.S.C. 167d) is amended--\n (1) by amending subsection (b) to read:\n ``(b) The Secretary is authorized to sell helium for Federal, \nmedical, scientific, and commercial uses in such quantities and under \nsuch terms and conditions as the Secretary determines. Sales shall be \nmade in quantities and a manner to avoid undue disruption of the usual \nmarkets of producers, processors, and consumers of helium and to \nprotect the United States against avoidable loss.''; and\n (2) by amending subsection (c) to read:\n ``(c) Sales of helium by the Secretary shall be at prices, as \nestablished by the Secretary, that are adequate to cover all costs \nincurred in carrying out the provisions of this Act. Helium shall be \nsold at prices comparable to helium sold by private industry. An annual \nreview of price comparability shall be made and adjustments shall be \nmade accordingly.''.\n\nSEC. 102. LONG-TERM COMPREHENSIVE PLAN.\n\n The Secretary of the Interior shall prepare and develop a long-\nterm, comprehensive plan to (1) cancel the outstanding debt owed to the \nTreasury by the Department of the Interior related to the Federal \nhelium program; and (2) improve Federal helium program operations over \na multi-year period. The plan should analyze various options to \naccomplish (1) and (2) above, with emphasis on ways to minimize adverse \nimpacts on Federal employment, Federal helium purchasers, and U.S. \nprivate sector helium markets. The plan, with the Secretary's preferred \noptions, shall be presented to the President within 4 months of \nenactment of this Act. The President may adopt the plan, in whole or in \npart, and is authorized to cancel the out-standing debt upon a finding \nthat such debt cancellation is in the national interest.\n\n TITLE II--IMPROVE MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION\n\nSEC. 201. IMPROVEMENT OF MINERALS MANAGEMENT SERVICE ROYALTY \n COLLECTION.\n\n (a) The Secretary of the Interior shall, by fiscal year 1995, \ndirect the Minerals Management Service, Royalty Management Program, to \ndevelop and implement (1) an automated business information system to \nprovide to its auditors a lease history that includes reference, \nroyalty, production, financial, compliance history, pricing and \nvaluation, and other information; (2) the optimum methods to identify \nand resolve anomalies and to verify that royalties are paid correctly; \n(3) a more efficient and cost-effective royalty collection process by \ninstituting new compliance and enforcement measures, including \nassessments and penalties for erroneous reporting and underreporting; \nand (4) such other actions as may be necessary to reduce royalty \nunderpayment and increase revenue to the U.S. Treasury by an estimated \ntotal of $28 million by fiscal year 1999.\n (b) The Federal Oil and Gas Royalty Management Act of 1982 (Public \nLaw No. 97-451), (30 U.S.C. 1701 et seq.) is amended by adding a new \nsubsection 111(h) as follows:\n\n ``penalty assessment for substantial\n\n underreporting of royalty''\n\n ``Sec. 111. (h)(1) If there is any underreporting of royalty owned \non production from any lease issued or administered by the Secretary \nfor the production of oil, gas, coal, any other mineral, or geothermal \nsteam, from any Federal or Indian lands or the Outer Continental Shelf, \nfor any production month, by any person who is responsible for paying \nroyalty, the Secretary may assess a penalty of 10 percent of the amount \nof that underreporting.\n ``(2) If there is a substantial underreporting of royalty owed on \nproduction from any lease issued or administered by the Secretary for \nthe production of oil, gas, coal, any other mineral, or geothermal \nsteam, from any Federal or Indian lands or the Outer Continental Shelf, \nfor any production month, by any person who is responsible for paying \nroyalty, the Secretary may access a penalty of 20 percent of the amount \nof that substantial underreporting.\n ``(3) For purposes of this section, the term `undereporting' means \nthe difference between the royalty on the value of the production which \nshould have been reported and the royalty on the value of the \nproduction which was reported, if the value of the production which \nshould have been reported is greater than the value of the production \nwhich was reported. An underreporting constitutes a `substantial \nunderreporting' if such difference exceeds 10 percent of the royalty on \nthe value of the production which should have been reported.\n ``(4) The Secretary shall not impose the assessment provided in \nparagraphs (1) or (2) if the person corrects the underreporting before \nthe date the person receives notice from the Secretary that an \nunderreporting may have occurred, or before 90 days after the date of \nenactment of this section, whichever is later.\n ``(5) The Secretary shall waive any portion of an assessment \nprovided in paragraphs (1) or (2) attributable to that portion of the \nunderreporting for which the person demonstrates that--\n ``(i) the person had written authorization from the \n Secretary to report royalty on the value of the production on \n the basis on which it was reported, or\n ``(ii) the person had substantial authority for reporting \n royalty on the value of the production on the basis on which it \n was reported, or\n ``(iii) the person previously had notified the Secretary, \n in such manner as the Secretary may by rule prescribe, of \n relevant reasons or facts affecting the royalty treatment of \n specific production which led to the underreporting, or\n ``(iv) the person meets any other exception which the \n Secretary may, by rule, establish.\n ``(6) All penalties collected under this subsection shall be \ndeposited to the same accounts in the Treasury or paid to the same \nrecipients in the same manner as the royalty with respect to which such \npenalty is paid.''.\n\n TITLE III--PHASE OUT THE MINERAL INSTITUTE PROGRAM\n\nSEC. 301. PHASE OUT OF MINERAL INSTITUTE PROGRAM.\n\n The Secretary of the Interior, beginning in fiscal year 1995, shall \ntake action to phase out the Mining and Mineral Resources Research \nInstitute Act of 1984, Public Law 98-409, as amended (98 Stat. 1536 \nthrough 1541 and 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through \n1230). There are hereby authorized to be appropriated under the Act the \nfollowing amounts: fiscal year 1995--$6.5 million; fiscal year 1996--$5 \nmillion; fiscal year 1997--$3 million; and fiscal year 1998--$1.5 \nmillion. No further appropriations for this Act are authorized after \nSeptember 30, 1998.","summary":"TABLE OF CONTENTS: Title I: Improve the Federal Helium Program Title II: Improve Minerals Management Service Royalty Collection Title III: Phase Out the Mineral Institute Program Department of the Interior Reform and Savings Act of 1993 - Title I: Improve the Federal Helium Program - Amends the Helium Act Amendments of 1960 to authorize the Secretary of the Interior to: (1) reduce costs and increase operational efficiencies. And (2) set fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Federal storage facilities to compensate fully for all costs incurred. Directs the Secretary to: (1) make helium sales in a manner that avoids undue disruption of the usual helium market and protects the United States against avoidable loss. (2) sell helium at prices comparable to those set by private industry. And (3) develop a long-term comprehensive plan to cancel the outstanding debt owed to the Treasury related to the Federal helium program, and to improve Federal helium program operations. Title II: Improve Minerals Management Service Royalty Collection - Requires the Secretary to direct the Minerals Management Service, Royalty Management Program, to develop and implement: (1) an automated business information system to provide its auditors a lease history. (2) optimum methods to identify and resolve anomalies and to verify royalty payments, (3) new royalty compliance and enforcement measures. And (4) other actions necessary to reduce royalty underpayment and increase revenues by a specified amount. Amends the Federal Oil and Gas Royalty Management Act of 1982 to authorize the Secretary to assess a penalty of ten percent of the amount of underreported royalty, and 20 percent of the amount of substantially underreported royalty. Title III: Phase Out the Mineral Institute Program - Directs the Secretary to phase out the Mining and Mineral Resources Research Institute Act of 1984 by the end of FY 1998.","title":"Department of the Interior Reform and Savings Act of 1993","text_len":7523,"sum_len":1972} {"bill_id":"105_s1888","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Fairness and Interstate \nResponsibility Act'' or ``Net FAIR Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) By exercising its authority under article I, section 8, \n clause 3 of the United States Constitution, Congress may best \n achieve a consistent and coherent national policy regarding \n regulation and taxation of Internet activity and the \n concomitant uniformity, simplicity, and fairness that is needed \n to avoid burdening this evolving form of interstate and foreign \n commerce.\n (2) Because the Federal Government and State and local \n governments will have numerous reasons to interact over the \n Internet with the individuals and companies that use it, a \n lexicon of terms relating to the Internet and its use is vital.\n (3) A limited number of States have already adopted by law \n or regulation various forms of taxes that apply to commercial \n activity that are unique to the Internet or to providers of \n Internet services.\n (4) There are approximately 30,000 separate taxing \n jurisdictions in the United States, thus presenting the \n potential for an enormous variety of taxes and tax rates on \n Internet activity.\n (5) The unique character of the Internet transcends \n physical and political boundaries and permits commercial and \n intellectual communications to move from city to city, State to \n State, and nation to nation without any set path in a manner \n that is virtually unparalleled in history.\n (6) The Internet is a global network that offers the \n potential for entrepreneurial individuals and small businesses \n throughout the United States to reach customers and markets \n throughout the world with their products and services.\n (7) The United States must create an example for the rest \n of the world by preventing discriminatory taxation on Internet \n activities so that the United States can persuade our trading \n partners to resist the temptation to tax such activities and \n thereby limit the potential growth of such activities.\n (8) The innovation and creativity that has helped computer \n technology evolve into the present-day Internet has thrived in \n a tax-free environment and should be granted protection from \n local, State, and Federal taxation in order to permit this new \n medium to reach its fullest potential.\n (9) The President should seek bilateral and multilateral \n agreements through the World Trade Organization, the \n Organization for Economic Cooperation and Development, the Asia \n Pacific Economic Cooperation Council, and other appropriate \n international organizations and fora to establish that \n commercial transactions using the Internet are free from tariff \n and discriminatory taxation.\n\nSEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET AND INTERNET-\n RELATED COMPUTER SERVICES.\n\n (a) Moratorium.--Except as otherwise provided in this section, no \nState or political subdivision thereof may impose, assess, or attempt \nto collect a tax directly or indirectly on--\n (1) the Internet or Internet-related services; or\n (2) the use of the Internet or Internet-related services.\n (b) Preservation of State and Local Taxing Authority.--Subsection \n(a)--\n (1) does not apply to taxes imposed on or measured by net \n income derived from the Internet or Internet-related services \n if such taxes are applied uniformly to all businesses;\n (2) does not apply to fairly apportioned business license \n taxes applied to businesses having a business location in the \n taxing jurisdiction if such taxes are applied uniformly to all \n businesses;\n (3) does not affect the authority of a State or political \n subdivision to impose a sales or use tax on sales or other \ntransactions effected by use of the Internet or Internet-related \nservices if--\n (A) the tax is the same as the tax generally \n imposed and collected by that State or political \n subdivision thereof on sales or transactions effected \n by mail order, telephone, or other remote means within \n its taxing jurisdiction; and\n (B) the obligation to collect the tax from sales or \n other transactions effected by use of the Internet or \n Internet-related services is imposed on the same person \n or entity as in the case of sales or transactions \n affected by mail order, telephone, or other remote \n means; and\n (4) does not apply to taxes on real or personal property \n used in connection with the providing of Internet or Internet-\n related services if such taxes are applied to all businesses \n using real or personal property in connection with their \n businesses.\n (c) Termination.--The moratorium set forth under subsection (a) \nshall terminate on December 31, 2001.\n\nSEC. 4. COMMISSION ON INTERNET TAXATION AND REGULATION.\n\n (a) Establishment.--\n (1) In general.--There is established a commission to be \n known as the Commission on Internet Taxation and Regulation \n (hereafter in this section referred to as the ``Commission'').\n (2) Membership.--The Commission shall be composed of 15 \n members of whom--\n (A) one shall be the Secretary of Commerce;\n (B) one shall be the Secretary of State;\n (C) one shall be the Secretary of the Treasury; and\n (D) twelve shall be appointed by the President \n without regard to political affiliation, of whom--\n (i) three shall be the chief executive \n officer of a State (including at least one who \n is the chief executive officer of a State that \n does not impose a sales tax);\n (ii) three shall be the chief executive \n officer of a political subdivision of a State \n (including at least one who is the chief \n executive officer of a political subdivision \n that does not impose a sales tax);\n (iii) three shall be individuals employed \n by or affiliated with companies engaged in \n computer manufacturing activities, software \n activities, or activities relating to the \n Internet or the provision of Internet-related \n services; and\n (iv) three shall be individuals employed by \n or affiliated with companies engaged in \n electronic commerce (including at least one who \n is employed by or affiliated with a company \n engaged in mail order commerce).\n (3) Period of appointment; vacancies.--Members shall be \n appointed for the life of the Commission. Any vacancy in the \n Commission shall not affect its powers, but shall be filled in \n the same manner as the original appointment.\n (4) Chairman and vice chairman.--The Commission shall \n select a Chairman and Vice Chairman from among its members.\n (5) Meetings.--The Commission shall meet at the call of the \n Chairman.\n (6) Quorum.--A majority of the members of the Commission \n shall constitute a quorum, but a lesser number of members may \n hold hearings.\n (b) Duties.--\n (1) In general.--The Commission shall have as its duties \n the following:\n (A) To conduct a thorough study of taxation and \n regulation of the Internet and Internet-related \n services under State and local law and identify any \n inconsistencies in such taxation or regulation.\n (B) To consider the effect of current Federal \n statutes and regulations on the Internet and Internet-\n related services and recommend appropriate \n modifications of such statutes and regulations.\n (C) To propose model legislation (a so-called \n ``Uniform Internet Commercial Code'') relating to \n commercial transactions on the Internet and to \n Internet-related services in order to facilitate \n uniform treatment of such transactions and such \n services under Federal law and State law.\n (2) Model legislation.--The model legislation under \n paragraph (1)(C) shall--\n (A) provide terminology applicable to commercial \n transactions on the Internet and to Internet-related \n services;\n (B) define the transactions, services, and other \n activities covered by the legislation; and\n (C) establish regulatory structures and mechanisms \n applicable to such transactions, services, and other \n activities.\n (3) Adoption of positions.--The Commission may not adopt a \n position with respect to a matter under this subsection unless \n the position is approved by at least 10 members of the \n Commission.\n (c) Report.--Not later than December 31, 2000, the Commission shall \nsubmit to Congress and the President a report on its activities under \nthis section. The report shall--\n (1) set forth the findings of the Commission under \n subsection (b)(1)(A);\n (2) set forth any findings of the Commission under \n subsection (b)(1)(B), including any recommendations relating to \n such findings;\n (3) set forth the model legislation proposed under \n subsection (b)(1)(C); and\n (4) include any additional findings and recommendations \n that the Commission considers appropriate.\n (d) Powers of Commission.--\n (1) Hearings.--The Commission may hold such hearings, sit \n and act at such times and places, take such testimony, and \n receive such evidence as the Commission considers advisable to \n carry out the purposes of this section.\n (2) Information from federal agencies.--The Commission may \n secure directly from any Federal department or agency such \n information as the Commission considers necessary to carry out \n the provisions of this section. Upon request of the Chairman of \n the Commission, the head of such department or agency shall \n furnish such information to the Commission.\n (3) Postal services.--The Commission may use the United \n States mails in the same manner and under the same conditions \n as other departments and agencies of the Federal Government.\n (4) Gifts.--The Commission may accept, use, and dispose of \n gifts or donations of services or property.\n (e) Commission Personnel Matters.--\n (1) Compensation of members.--Each member of the Commission \n who is not an officer or employee of the Federal Government \n shall be compensated at a rate equal to the daily equivalent of \n the annual rate of basic pay prescribed for level IV of the \n Executive Schedule under section 5315 of title 5, United States \n Code, for each day (including travel time) during which such \n member is engaged in the performance of the duties of the \n Commission. All members of the Commission who are officers or \n employees of the United States shall serve without compensation \n in addition to that received for their services as officers or \n employees of the United States.\n (2) Travel expenses.--The members of the Commission shall \n be allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in the performance of services for the Commission.\n (3) Staff.--\n (A) In general.--The Chairman of the Commission \n may, without regard to the civil service laws and \n regulations, appoint and terminate an executive \n director and such other additional personnel as may be \n necessary to enable the Commission to perform its \n duties. The employment of an executive director shall \n be subject to confirmation by the Commission.\n (B) Compensation.--The Chairman of the Commission \n may fix the compensation of the executive director and \n other personnel without regard to the provisions of \n chapter 51 and subchapter III of chapter 53 of title 5, \n United States Code, relating to classification of \n positions and General Schedule pay rates, except that \n the rate of pay for the executive director and other \n personnel may not exceed the rate payable for level V \n of the Executive Schedule under section 5316 of such \n title.\n (4) Detail of government employees.--Any Federal Government \n employee may be detailed to the Commission without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status or privilege.\n (5) Procurement of temporary and intermittent services.--\n The Chairman of the Commission may procure temporary and \n intermittent services under section 3109(b) of title 5, United \n States Code, at rates for individuals which do not exceed the \n daily equivalent of the annual rate of basic pay prescribed for \n level V of the Executive Schedule under section 5316 of such \n title.\n (f) Termination.--The Commission shall terminate 90 days after the \ndate on which the Commission submits its report under subsection (c).\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Internet.--The term ``Internet'' means the computer \n facilities and telecommunications facilities, and related \n equipment and software, comprising the interconnected world-\n wide network of computer networks that employ the Transmission \n Control Protocol\/Internet Protocol, or any predecessor or \n successor protocol, to transmit information by wire or radio.\n (2) Internet-related services.--The term ``Internet-related \n services'' includes the following:\n (A) Internet access services, including the \n storage, processing, and transmission of information \n that enables an individual to make use of the resources \n found via the Internet.\n (B) Online services, including the information, \n information processing, electronic commerce, and other \n services available to an individual as part of a \n package of services that are combined with Internet \n access service and offered to the user for a single \n price.\n (3) Tax.--The term ``tax'' includes any tax, license, or \n fee that is imposed by any governmental entity, and includes \n the imposition on the seller of an obligation to collect and \n remit a tax imposed on the buyer.","summary":"Internet Fairness and Interstate Responsibility Act or Net FAIR Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax on the Internet or Internet-related services or on their use. Preserves State and local taxing authority with respect to income, license, and sales or use taxes. Terminates such prohibition on December 31, 2001. Establishes the Commission on Internet Taxation and Regulation to: (1) study the taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies. (2) recommend appropriate modification to current Federal and State statutes concerning such services. (3) propose model legislation relating to commercial transactions on the Internet in order to facilitate their uniform treatment under Federal and State law, and (4) report to the Congress and the President.","title":"Net FAIR Act","text_len":16191,"sum_len":913} {"bill_id":"107_hr5466","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restoring Investor Confidence Act of \n2002''.\n\nSEC. 2. 55-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN \n CORPORATIONS.\n\n (a) In General.--Section 1202 of the Internal Revenue Code of 1986 \nis amended to read as follows:\n\n``SEC. 1202. CAPITAL GAINS DEDUCTION.\n\n ``(a) General Rule.--If for any taxable year a taxpayer other than \na corporation has a net capital gain, 55 percent of such gain shall be \na deduction from gross income.\n ``(b) Estates and Trusts.--In the case of an estate or trust, the \ndeduction shall be computed by excluding the portion (if any) of the \ngains for the taxable year from sales or exchanges of capital assets \nwhich, under sections 652 and 662 (relating to inclusions of amounts in \ngross income of beneficiaries of trusts), is includible by the income \nbeneficiaries as gain derived from the sale or exchange of capital \nassets.\n ``(c) Coordination With Treatment of Capital Gain Under Limitation \non Investment Interest.--For purposes of this section, the net capital \ngain for any taxable year shall be reduced (but not below zero) by the \namount which the taxpayer takes into account as investment income under \nsection 163(d)(4)(B)(iii).\n ``(d) Transitional Rule.--\n ``(1) In general.--In the case of a taxable year which \n includes January 1 of the year following the date of enactment \n of this section--\n ``(A) the amount taken into account as the net \n capital gain under subsection (a) shall not exceed the \n net capital gain determined by only taking into account \n gains and losses properly taken into account for the \n portion of the taxable year on or after such January 1, \n and\n ``(B) the amount of the net capital gain taken into \n account in applying section 1(h) for such year shall be \n reduced by the amount taken into account under \n subparagraph (A) for such year.\n ``(2) Special rules for pass-thru entities.--\n ``(A) In general.--In applying paragraph (1) with \n respect to any pass-thru entity, the determination of \n when gains and losses are properly taken into account \n shall be made at the entity level.\n ``(B) Pass-thru entity defined.--For purposes of \n subparagraph (A), the term `pass-thru entity' means--\n ``(i) a regulated investment company,\n ``(ii) a real estate investment trust,\n ``(iii) an S corporation,\n ``(iv) a partnership,\n ``(v) an estate or trust, and\n ``(vi) a common trust fund.''.\n (b) Deduction Allowable in Computing Adjusted Gross Income.--\nSection 62(a) of such Code (defining adjusted gross income) is amended \nby inserting after paragraph (17) the following new paragraph:\n ``(18) Long-term capital gains.--The deduction allowed by \n section 1202.''.\n (c) Conforming Amendments.--\n (1) Section 1 of such Code is amended by striking \n subsection (h).\n (2) Section 170(e)(1) of such Code is amended by striking \n ``the amount of gain'' in the material following subparagraph \n (B)(ii) and inserting ``45 percent (50 percent in the case of a \n corporation) of the amount of gain''.\n (3) Section 172(d)(2)(B) of such Code is amended to read as \n follows:\n ``(B) the deduction under section 1202 shall not be \n allowed.''.\n (4) The last sentence of section 453A(c)(3) of such Code is \n amended by striking all that follows ``long-term capital \n gain,'' and inserting ``the maximum rate on net capital gain \n under section 1201 or the deduction under section 1202 \n (whichever is appropriate) shall be taken into account.''.\n (5) Section 642(c)(4) of such Code is amended to read as \n follows:\n ``(4) Adjustments.--To the extent that the amount otherwise \n allowable as a deduction under this subsection consists of gain \n from the sale or exchange of capital assets held for more than \n 1 year, proper adjustment shall be made for any deduction \n allowable to the estate or trust under section 1202 (relating \n to capital gains deduction). In the case of a trust, the \n deduction allowed by this subsection shall be subject to \n section 681 (relating to unrelated business income).''.\n (6) The last sentence of section 643(a)(3) of such Code is \n amended to read as follows: ``The deduction under section 1202 \n (relating to capital gains deduction) shall not be taken into \n account.''.\n (7) Section 643(a)(6)(C) of such Code is amended by \n inserting ``(i)'' before ``there shall'' and by inserting \n before the period ``, and (ii) the deduction under section 1202 \n (relating to capital gains deduction) shall not be taken into \n account''.\n (8)(A) Section 904(b)(2) of such Code is amended by \n striking subparagraph (A), by redesignating subparagraph (B) as \n subparagraph (A), and by inserting after subparagraph (A) (as \n so redesignated) the following:\n ``(B) Other taxpayers.--In the case of a taxpayer \n other than a corporation, taxable income from sources \n outside the United States shall include gain from the \n sale or exchange of capital assets only to the extent \n of foreign source capital gain net income.''.\n (B) Section 904(b)(2)(A) of such Code, as so redesignated, \n is amended--\n (i) by striking all that precedes clause (i) and \n inserting the following:\n ``(A) Corporations.--In the case of a corporation--\n '', and\n (ii) in clause (i), by striking ``in lieu of \n applying subparagraph (A),''.\n (C) Section 904(b)(3) of such Code is amended by striking \n subparagraphs (D) and (E) and inserting the following:\n ``(D) Rate differential portion.--The rate \n differential portion of foreign source net capital \n gain, net capital gain, or the excess of net capital \n gain from sources within the United States over net \n capital gain, as the case may be, is the same \n proportion of such amount as the excess of the highest \n rate of tax specified in section 11(b) over the \n alternative rate of tax under section 1201(a) bears to \n the highest rate of tax specified in section 11(b).''.\n (D) Section 593(b)(2)(D)(v) of such Code is amended--\n (i) by striking ``if there is a capital gain rate \n differential (as defined in section 904(b)(3)(D)) for \n the taxable year,'', and\n (ii) by striking ``section 904(b)(3)(E)'' and \n inserting ``section 904(b)(3)(D)''.\n (9) Section 1044(d) of such Code is amended by striking the \n last sentence.\n (10)(A) Section 1211(b)(2) of such Code is amended to read \n as follows:\n ``(2) the sum of--\n ``(A) the excess of the net short-term capital loss \n over the net long-term capital gain, and\n ``(B) one-half of the excess of the net long-term \n capital loss over the net short-term capital gain.''.\n (B) So much of section 1212(b)(2) of such Code as precedes \n subparagraph (B) thereof is amended to read as follows:\n ``(2) Special rules.--\n ``(A) Adjustments.--\n ``(i) For purposes of determining the \n excess referred to in paragraph (1)(A), there \n shall be treated as short-term capital gain in \n the taxable year an amount equal to the lesser \n of--\n ``(I) the amount allowed for the \n taxable year under paragraph (1) or (2) \n of section 1211(b), or\n ``(II) the adjusted taxable income \n for such taxable year.\n ``(ii) For purposes of determining the \n excess referred to in paragraph (1)(B), there \n shall be treated as short-term capital gain in \n the taxable year an amount equal to the sum \n of--\n ``(I) the amount allowed for the \n taxable year under paragraph (1) or (2) \n of section 1211(b) or the adjusted \n taxable income for such taxable year, \n whichever is the least, plus\n ``(II) the excess of the amount \n described in subclause (I) over the net \n short-term capital loss (determined) \n without regard to this subsection) for \n such year.''.\n (C) Section 1212(b) of such Code is amended by adding at \n the end of the following:\n ``(3) Transitional rule.--In the case of any amount which, \n under this subsection and section 1211(b) (as in effect for \n taxable year beginning before January 1, 2003), is treated as a \n capital loss in the first taxable year beginning after December \n 31, 2002, paragraph (2) and section 1211(b) (as so in effect) \n shall apply (and paragraph (2) and section 1211(b) as in effect \n for taxable years beginning after December 31, 2002, shall not \n apply) to the extent such amount exceeds the total of any \n capital gain net income (determined without regard to this \n subsection) for taxable years beginning after December 31, \n 2002.''.\n (11) Section 1402(i)(1) of such Code is amended by \n inserting``, and the deduction provided by section 1202 shall \n not apply'' before the period at the end thereof.\n (12) Section 1445(e) of such Code is amended--\n (A) in paragraph (1), by striking ``35 percent (or, \n to the extent provided in regulations, 20 percent)'' \n and inserting ``17.5 percent (or, to the extent \n provided in regulation, 15.6 percent)'', and\n (B) in paragraph (2), by striking ``35 percent'' \n and inserting ``17.5 percent''.\n (13)(A) The second sentence of section 7518(g)(6)(A) of \n such Code is amended--\n (i) by striking ``during a taxable year to which \n section 1(h) or 1201(a) applies'', and\n (ii) by striking ``20 percent (34 percent'' and \n inserting ``10 percent (15.3 percent''.\n (B) The second sentence of section 607(h)(6)(A) of the \n Merchant Marine Act, 1936 is amended--\n (i) by striking ``during a taxable year to which \n section 1(h) or 1201(a) of such Code applies'', and\n (ii) by striking ``20 percent (34 percent'' and \n inserting ``10 percent (15.3 percent''.\n (14) The item relating to section 1202 in the table of \n sections for part I of subchapter P of chapter 1 of such Code \n is amended to read as follows:\n\n ``Sec. 1202. Capital gains deduction.''.\n (d) Effective Dates.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments, made by this section apply to \n taxable years ending after December 31 of the year which \n includes the date of enactment of this Act.\n (2) Repeal of section 1(h).--The amendment made by \n subsection (c)(1) applies to taxable years beginning on or \n after January 1 of the year following the date of enactment of \n this Act.\n (3) Contributions.--The amendment made by subsection (c)(2) \n applies to contributions on or after January 1 of the year \n following the date of enactment of this Act.\n (4) Use of long-term losses.--The amendments made by \n subsection (c)(10) apply to taxable years beginning on or after \n January 1 of the second year following the date of enactment of \n this Act.\n (5) Withholding.--The amendments made by subsection (c)(12) \n apply only to amounts paid on or after January 1 of the year \n following the date of enactment of this Act.\n\nSEC. 3. 55-PERCENT EXCLUSION OF DIVIDEND INCOME FROM TAX.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to amounts specifically \nexcluded from gross income) is amended by inserting after section 115 \nthe following new section:\n\n``SEC. 116. 55-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS.\n\n ``(a) Exclusion From Gross Income.--Gross income does not include \n55 percent of the amounts received during the taxable year by an \nindividual as dividends from domestic corporations.\n ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply \nto any dividend from a corporation which, for the taxable year of the \ncorporation in which the distribution is made, or for the next \npreceding taxable year of the corporation, is a corporation exempt from \ntax under section 501 (relating to certain charitable, etc., \norganization) or section 521 (relating to farmers' cooperative \nassociations).\n ``(c) Special Rules.--For purposes of this section--\n ``(1) Exclusion not to apply to capital gain dividends from \n regulated investment companies and real estate investment \n trusts.--\n\n ``For treatment of capital gain \ndividends, see sections 854(a) and 857(c).\n ``(2) Certain nonresident aliens ineligible for \n exclusion.--In the case of a nonresident alien individual, \n subsection (a) shall apply only--\n ``(A) in determining the tax imposed for the \n taxable year pursuant to section 871(b)(1) and only in \n respect of dividends which are effectively connected \n with the conduct of a trade or business within the \n United States, or\n ``(B) in determining the tax imposed for the \n taxable year pursuant to section 877(b).\n ``(3) Dividends from employee stock ownership plans.--\n Subsection (a) shall not apply to any dividend described in \n section 404(k).''\n (b) Conforming Amendments.--\n (1)(A) Subparagraph (A) of section 135(c)(4) of such Code \n is amended by inserting ``116,'' before ``137''.\n (B) Subsection (d) of section 135 of such Code is amended \n by redesignating paragraph (4) as paragraph (5) and by \n inserting after paragraph (3) the following new paragraph:\n ``(4) Coordination with section 116.--This section shall be \n applied before section 116.''\n (2) Subsection (c) of section 584 of such Code is amended \n by adding at the end thereof the following new flush sentence:\n``The proportionate share of each participant in the amount of \ndividends received by the common trust fund and to which section 116 \napplies shall be considered for purposes of such section as having been \nreceived by such participant.''\n (3) Subsection (a) of section 643 of such Code is amended \n by redesignating paragraph (7) as paragraph (8) and by \n inserting after paragraph (6) the following new paragraph:\n ``(7) Dividends.--There shall be included the amount of any \n dividends excluded from gross income pursuant to section 116.''\n (4) Section 854(a) of such Code is amended by inserting \n ``section 116 (relating to partial exclusion of dividends \n received by individuals) and'' after ``For purposes of''.\n (5) Section 857(c) of such Code is amended to read as \n follows:\n ``(c) Restrictions Applicable to Dividends Received From Real \nEstate Investment Trusts.--\n ``(1) Treatment for section 116.--For purposes of section \n 116 (relating to partial exclusion of dividends received by \n individuals), a capital gain dividend (as defined in subsection \n (b)(3)(C)) received from a real estate investment trust which \n meets the requirements of this part shall not be considered as \n a dividend.\n ``(2) Treatment for section 243.--For purposes of section \n 243 (relating to deductions for dividends received by \n corporations), a dividend received from a real estate \n investment trust which meets the requirements of this part \n shall not be considered as a dividend.''\n (6) The table of sections for part III of subchapter B of \n chapter 1 of such Code is amended by inserting after the item \n relating to section 115 the following new item:\n\n ``Sec. 116. 55-percent exclusion of \n dividends received by \n individuals.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after December 31 of the year which \nincludes the date of enactment of this Act.","summary":"Restoring Investor Confidence Act of 2002 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 55 percent of such gain shall be a deduction from gross income. Excludes from individual gross income 55 percent of dividends received from a domestic corporation.","title":"To amend the Internal Revenue Code of 1986 to simplify and reduce the capital gain rates for all taxpayers and to exclude from gross income 55 percent of the dividends received by individuals, and for other purposes.","text_len":18200,"sum_len":450} {"bill_id":"107_s1754","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Patent and Trademark Office \nAuthorization Act of 2002''.\n\nSEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK \n OFFICE.\n\n (a) In General.--There are authorized to be appropriated to the \nUnited States Patent and Trademark Office for salaries and necessary \nexpenses for each of the fiscal years 2003 through 2008 an amount equal \nto the fees estimated by the Secretary of Commerce to be collected in \neach such fiscal year, respectively, under--\n (1) title 35, United States Code; and\n (2) the Act entitled ``An Act to provide for the \n registration and protection of trademarks used in commerce, to \n carry out the provisions of certain international conventions, \n and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 \n et seq.) (commonly referred to as the Trademark Act of 1946).\n (b) Estimates.--Not later than February 15, of each fiscal year, \nthe Undersecretary of Commerce for Intellectual Property and the \nDirector of the Patent and Trademark Office (in this Act referred to as \nthe Director) shall submit an estimate of all fees referred to under \nsubsection (a) to be collected in the next fiscal year to the chairman \nand ranking member of--\n (1) the Committees on Appropriations and Judiciary of the \n Senate; and\n (2) the Committees on Appropriations and Judiciary of the \n House of Representatives.\n\nSEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK \n APPLICATIONS.\n\n (a) Electronic Filing and Processing.--Not later than December 1, \n2004, the Director shall complete the development of an electronic \nsystem for the filing and processing of patent and trademark \napplications, that--\n (1) is user friendly; and\n (2) includes the necessary infrastructure to--\n (A) allow examiners and applicants to send all \n communications electronically; and\n (B) allow the Office to process, maintain, and \n search electronically the contents and history of each \n application.\n (b) Authorization of Appropriations.--Of amounts authorized under \nsection 2, there are authorized to be appropriated to carry out \nsubsection (a) of this section not more than $50,000,000 for each of \nfiscal years 2003 and 2004. Amounts made available under this \nsubsection shall remain available until expended.\n\nSEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN.\n\n In each of the 5 calendar years following the date of enactment of \nthis Act, the Secretary of Commerce shall submit a report to the \nCommittees on the Judiciary of the Senate and the House of \nRepresentatives on--\n (1) the progress made in implementing the 21st Century \n Strategic Plan issued on June 3, 2002; and\n (2) any amendments made to the plan.\n\nSEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN \n REEXAMINATION PROCEEDINGS.\n\n (a) In General.--Sections 303(a) and 312(a) of title 35, United \nStates Code, are each amended by adding at the end the following: ``The \nexistence of a substantial new question of patentability is not \nprecluded by the fact that a patent or printed publication was \npreviously cited by or to the Office or considered by the Office.''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to any determination of the Director of the United \nStates Patent and Trademark Office that is made under section 303(a) or \n312(a) of title 35, United States Code, on or after the date of the \nenactment of this Act.\n\nSEC. 6. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS.\n\n (a) Appeals by Third-Party Requester in Proceedings.--Section \n315(b) of title 35, United States Code, is amended to read as follows:\n ``(b) Third-Party Requester.--A third-party requester--\n ``(1) may appeal under the provisions of section 134, and \n may appeal under the provisions of sections 141 through 144, \n with respect to any final decision favorable to the \n patentability of any original or proposed amended or new claim \n of the patent; and\n ``(2) may, subject to subsection (c), be a party to any \n appeal taken by the patent owner under the provisions of \n section 134 or sections 141 through 144.''.\n (b) Appeal to Board of Patent Appeals and Interferences.--Section \n134(c) of title 35, United States Code, is amended by striking the last \nsentence.\n (c) Appeal to Court of Appeals for the Federal Circuit.--Section \n141 of title 35, United States Code, is amended in the third sentence \nby inserting ``, or a third-party requester in an inter partes \nreexamination proceeding, who is'' after ``patent owner''.\n (d) Effective Date.--The amendments made by this section apply with \nrespect to any reexamination proceeding commenced on or after the date \nof the enactment of this Act.\n\n Passed the Senate June 26, 2002.\n\n Attest:\n\n Secretary.\n107th CONGRESS\n\n 2d Session\n\n S. 1754\n\n_______________________________________________________________________\n\n AN ACT\n\nTo authorize appropriations for the United States Patent and Trademark \n Office for fiscal years 2003 through 2008, and for other purposes.","summary":"Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the US Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year. Requires the Under Secretary of Commerce for Intellectual Property and the Director of the Office (Director), by February 15 of each fiscal year, to report an estimate of all fees to be collected in the next fiscal year to the chairman and ranking member of specified congressional committees. Requires the Director, by December 1, 2004, to complete the development of an electronic system for the filing and processing of patent and trademark applications that: (1) is user friendly. And (2) includes the necessary infrastructure to allow examiners and applicants to send all communications electronically, and the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system. Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it. Amends Federal patent law to provide that previous citation by or to, or consideration by the Office of, a patent or printed publication does not preclude the existence of a substantial new question of patentability in patent reexamination proceedings. Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the US Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent. Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences. Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the US Court of Appeals for the Federal Circuit.","title":"A bill to authorize appropriations for the United States Patent and Trademark Office for fiscal years 2003 through 2008, and for other purposes.","text_len":5529,"sum_len":2318} {"bill_id":"112_s3500","text":"SECTION 1. DEFINITIONS.\n\n Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is \namended--\n (1) by redesignating--\n (A) paragraphs (1) through (4) as paragraphs (2) \n through (5), respectively;\n (B) paragraphs (5) through (10) as paragraphs (7) \n through (12), respectively; and\n (C) paragraphs (12) through (21) as paragraphs (13) \n through (22), respectively;\n (2) by adding before paragraph (2) (as so redesignated) the \n following:\n ``(1) Affected parties.--The term `affected party' means \n any person, including a business entity, or any State, tribal \n government, or local subdivision the rights of which may be \n affected by a determination made under section 4(a) in a suit \n brought under section 11(g)(1)(C).''; and\n (3) by adding after paragraph (5) (as so redesignated) the \n following:\n ``(6) Covered settlement.--The term `covered settlement' \n means a consent decree or a settlement agreement in an action \n brought under section 11(g)(1)(C).''.\n\nSEC. 2. INTERVENTION; APPROVAL OF COVERED SETTLEMENT.\n\n Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. \n1540) is amended--\n (1) in paragraph (3), by adding at the end the following:\n ``(C) Publishing complaint; intervention.--\n ``(i) Publishing complaint.--\n ``(I) In general.--Not later than \n 30 days after the date on which the \n plaintiff serves the defendant with the \n complaint in an action brought under \n paragraph (1)(C) in accordance with \n Rule 4 of the Federal Rules of Civil \n Procedure, the Secretary of the \n Interior shall publish the complaint in \n a readily accessible manner, including \n electronically.\n ``(II) Failure to meet deadline.--\n The failure of the Secretary to meet \n the 30-day deadline described in \n subclause (I) shall not be the basis \n for an action under paragraph (1)(C).\n ``(ii) Intervention.--\n ``(I) In general.--After the end of \n the 30-day period described in clause \n (i), each affected party shall be given \n a reasonable opportunity to move to \n intervene in the action described in \n clause (i), until the end of which a \n party may not file a motion for a \n consent decree or to dismiss the case \n pursuant to a settlement agreement.\n ``(II) Rebuttable presumption.--In \n considering a motion to intervene by \n any affected party, the court shall \n presume, subject to rebuttal, that the \n interests of that party would not be \n represented adequately by the parties \n to the action described in clause (i).\n ``(III) Referral to alternative \n dispute resolution.--\n ``(aa) In general.--If the \n court grants a motion to \n intervene in the action, the \n court shall refer the action to \n facilitate settlement \n discussions to--\n\n ``(AA) the \n mediation program of \n the court; or\n\n ``(BB) a magistrate \n judge.\n\n ``(bb) Parties included in \n settlement discussions.--The \n settlement discussions \n described in item (aa) shall \n include each--\n\n ``(AA) plaintiff;\n\n ``(BB) defendant \n agency; and\n\n ``(CC) \n intervenor.'';\n\n (2) by striking paragraph (4) and inserting the following:\n ``(4) Litigation costs.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the court, in issuing any final order \n in any suit brought under paragraph (1), may award \n costs of litigation (including reasonable attorney and \n expert witness fees) to any party, whenever the court \n determines such award is appropriate.\n ``(B) Covered settlement.--\n ``(i) Consent decrees.--The court shall not \n award costs of litigation in any proposed \n covered settlement that is a consent decree.\n ``(ii) Other covered settlements.--\n ``(I) In general.--For a proposed \n covered settlement other than a consent \n decree, the court shall ensure that the \n covered settlement does not include \n payment to any plaintiff for the costs \n of litigation.\n ``(II) Motions.--The court shall \n not grant any motion, including a \n motion to dismiss, based on the \n proposed covered settlement described \n in subclause (I) if the covered \n settlement includes payment to any \n plaintiff for the costs of \n litigation.''; and\n (3) by adding at the end the following:\n ``(6) Approval of covered settlement.--\n ``(A) Definition of species.--In this paragraph, \n the term `species' means a species that is the subject \n of an action brought under paragraph (1)(C).\n ``(B) In general.--\n ``(i) Consent decrees.--The court shall not \n approve a proposed covered settlement that is a \n consent decree unless each State and county in \n which the Secretary of the Interior believes a \n species occurs approves the covered settlement.\n ``(ii) Other covered settlements.--\n ``(I) In general.--For a proposed \n covered settlement other than a consent \n decree, the court shall ensure that the \n covered settlement is approved by each \n State and county in which the Secretary \n of the Interior believes a species \n occurs.\n ``(II) Motions.--The court shall \n not grant any motion, including a \n motion to dismiss, based on the \n proposed covered settlement described \n in subclause (I) unless the covered \n settlement is approved by each State \n and county in which the Secretary of \n the Interior believes a species occurs.\n ``(C) Notice.--\n ``(i) In general.--The Secretary of the \n Interior shall provide each State and county in \n which the Secretary of the Interior believes a \n species occurs notice of a proposed covered \n settlement.\n ``(ii) Determination of relevant states and \n counties.--The defendant in a covered \n settlement shall consult with each State \n described in clause (i) to determine each \n county in which the Secretary of the Interior \n believes a species occurs.\n ``(D) Failure to respond.--The court may approve a \n covered settlement or grant a motion described in \n subparagraph (B)(ii)(II) if, not later than 45 days \n after the date on which a State or county is notified \n under subparagraph (C)--\n ``(i)(I) a State or county fails to \n respond; and\n ``(II) of the States or counties that \n respond, each State or county approves the \n covered settlement; or\n ``(ii) all of the States and counties fail \n to respond.\n ``(E) Proof of approval.--The defendant in a \n covered settlement shall prove any State or county \n approval described in this paragraph in a form--\n ``(i) acceptable to the State or county, as \n applicable; and\n ``(ii) signed by the State or county \n official authorized to approve the covered \n settlement.''.","summary":"Amends the Endangered Species Act of 1973 to require the Secretary of the Interior, within 30 days after being served with a complaint in an action alleging a failure to perform an act or duty related to an endangered species or threatened species determination, to publish the complaint. Prohibits the failure of the Secretary to meet such deadline from being the basis for such an action. Sets forth requirements concerning the intervention in such actions by affected parties and referral to a mediation program. Authorizes the court, in issuing any final order in such an action, to award litigation costs to any party. Prohibits the court from: (1) awarding litigation costs in any proposed covered settlement, (2) granting a motion that is based on a proposed covered settlement or other consent decree that includes payment for litigation costs, (3) approving a proposed covered settlement unless each state and county in which the Secretary believes a species occurs approves it, or (4) granting a motion that is based on a proposed covered settlement unless such settlement is approved by each such state and county. Requires the courts to ensure that such a settlement is approved by each such state and county. Requires the Secretary to provide notice of a proposed covered settlement to each such state and county. Authorizes a court to approve such a settlement or grant such a motion if, within 45 days of notification, a: (1) state or county fails to respond, and (2) each state or county that responds approves the covered settlement, or (3) all of the states and counties fail to respond.","title":"A bill to amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements.","text_len":10733,"sum_len":1605} {"bill_id":"110_hr5678","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Neighborhood Rescue and \nStabilization Act of 2008''.\n\nSEC. 2. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND \n FORECLOSED HOMES.\n\n (a) Direct Appropriations.--There is authorized to be appropriated \nfor fiscal year 2008, $10,000,000,000, to remain available until \nexpended, for assistance to States, qualified metropolitan cities, and \nunits of general local government for the redevelopment of abandoned \nand foreclosed homes.\n (b) Allocation of Appropriated Amounts.--\n (1) Allocation by hud for states.--Any amounts appropriated \n or otherwise made available pursuant to this section shall be \n allocated by the Secretary of Housing and Urban Development \n among the States, and provided to the States, in amounts \n determined according to the funding formula established \n pursuant to paragraph (2).\n (2) Formula for allocation among states.--\n (A) Establishment.--Not later than 60 days after \n the date of the enactment of this Act, the Secretary \n shall establish a funding formula under this paragraph.\n (B) Criteria.--The funding formula under this \n paragraph shall provide that, of the aggregate amount \n appropriated or otherwise made available pursuant to \n this section, the amount allocated for each State shall \n be the amount that bears the same ratio to such \n aggregate amount as the number of foreclosures on \n mortgages for homes occurring in such State during the \n most recently completed two calendar quarters for which \n such information is available, as determined by the \n Secretary, bears to the aggregate number of such \n foreclosures occurring in all States during such \n calendar quarters, as such amount is adjusted to \n account for differences in the States in--\n (i) the number and percentage of homes in a \n State that are financed by a subprime mortgage \n related loan;\n (ii) the number and percentage of homes in \n a State in default or delinquency; and\n (iii) the median home price in a State.\n (3) Distribution.--Amounts appropriated or otherwise made \n available under this section shall be distributed to the States \n according to the funding formula required under paragraph (2) \n not later than 30 days after the establishment of such formula.\n (4) Allocation by states for qualified metropolitan \n cities.--\n (A) Requirement to allocate.--Of any amounts \n allocated pursuant to this subsection for a State, such \n State shall allocate for each qualified metropolitan \n city located in such State an amount, as determined \n according to the funding formula established pursuant \n to subparagraph (B).\n (B) Formula for allocation among states.--\n (i) Establishment.--Not later than 60 days \n after the date of the enactment of this Act, \n the Secretary shall establish a funding formula \n under this subparagraph.\n (ii) Criteria.--The funding formula under \n this subparagraph shall provide that, of the \n aggregate amount allocated pursuant to this \n subsection for a State, the amount allocated \n for a qualified metropolitan city located in \n the State shall be the amount that bears the \n same ratio to such aggregate amount as the \n number of foreclosures on mortgages for homes \n occurring in such qualified metropolitan city \n during the most recently completed two calendar \n quarters for which such information is \n available, as determined by the Secretary, \n bears to the aggregate number of such \n foreclosures occurring in such State during \n such calendar quarters, as such amount is \n adjusted to account for differences between the \n qualified metropolitan city in and State in--\n (I) the percentage of homes that \n are financed by a subprime mortgage \n related loan;\n (II) the percentage of homes in \n default or delinquency; and\n (III) the median home price.\n (5) Other amounts.--Any amounts allocated for a State that \n are not allocated for a qualified metropolitan city pursuant to \n paragraph (4) may be used for any units of general local \n government in the State.\n (c) Use of Funds.--\n (1) In general.--Any State, qualified metropolitan city, or \n unit of general local government that receives amounts pursuant \n to this section shall, not later than 18 months after the \n receipt of such amounts, use such amounts to redevelop \n abandoned and foreclosed homes.\n (2) Priority.--Any State, qualified metropolitan city, or \n unit of general local government that receives amounts pursuant \n to this section shall in distributing such amounts give \n priority emphasis and consideration to those metropolitan \n areas, metropolitan cities, urban areas, rural areas, low- and \n moderate-income areas, and other areas with the greatest need, \n including those--\n (A) with the greatest percentage of home \n foreclosures;\n (B) with the highest percentage of homes financed \n by a subprime mortgage related loan; or\n (C) identified by the State, qualified metropolitan \n city, or unit of general local government as likely to \n face a significant rise in the rate of home \n foreclosures.\n (3) Eligible uses.--\n (A) In general.--Amounts made available under this \n section may be used only as follows:\n (i) Financial assistance through \n institutions and organizations.--To make \n grants, loans, and other financing mechanisms \n to community development financial institutions \n (as such term is defined under section 103(5) \n of the Community Development Banking and \n Financial Institutions Act of 1994 (12 U.S.C. \n 4702(5))), national intermediaries, and \n nonprofit housing or community development \n organizations and others to purchase and \n rehabilitate homes that have been abandoned or \n foreclosed upon, in order to sell, rent, or \n redevelop such homes.\n (ii) Financing mechanisms for \n redevelopment.--To establish financing \n mechanisms for redevelopment of foreclosed upon \n homes, including such mechanisms as soft-\n seconds, loan loss reserves, and shared-equity \n loans for low- and moderate-income homebuyers.\n (iii) Purchase and rehabilitation for sale \n or rental.--To purchase and rehabilitate homes \n that have been abandoned or foreclosed upon, in \n order to sell, rent, or redevelop such homes.\n (iv) Land banks.--To establish land banks \n for homes that have been foreclosed upon.\n (v) Demolition.--To demolish blighted \n structures.\n (vi) Project-based rental assistance.--To \n provide rental assistance for low- and \n moderate-income persons (as such term is \n defined in section 102 of the Housing and \n Community Development Act of 1974 (42 U.S.C. \n 5302)) that is attached to single family and \n multifamily residences.\n (vii) Project operating reserves.--To \n provide grants for use to cover the loss of \n rental assistance or in conjunction with a \n project loan that is attached to single family \n and multifamily residences.\n (viii) Project operating subsidies.--To \n fund project operating accounts used to cover \n net operating income shortfalls for single and \n multifamily residences. Eligible operating \n costs shall include costs of management, taxes, \n handling, insurance, and other related costs.\n (ix) CDBG-eligible activities.--To carry \n out any activities that, under section 105 of \n the Housing and Community Development Act of \n 1974 (42 U.S.C. 5305), are eligible to be \n carried out with amounts provided under title I \n of such Act.\n (B) Limitation.--Any funds used under this section \n for the purchase of an abandoned or foreclosed upon \n home shall be at a cost equal to or less than the \n appraised value of the home based on the most up-to-\n date appraisal, as such appraisal is defined by the \n Secretary.\n (d) Rule of Construction.--Amounts appropriated or otherwise made \navailable to States, qualified metropolitan cities, and units of \ngeneral local government under this section shall be treated as though \nsuch funds were community development block grant funds under title I \nof the Housing and Community Development Act of 1974.\n (e) Waiver Authority.--\n (1) In general.--In administering any amounts appropriated \n or otherwise made available under this section, the Secretary \n may waive, or specify alternative requirements for, any \n provision of any statute or regulation that the Secretary \n administers (but not including the requirements of this \n section) in connection with the obligation by the Secretary or \n the use by the recipient of such funds (except for requirements \n related to fair housing, nondiscrimination, labor standards, \n and the environment), in order to expedite or facilitate the \n use of such funds.\n (2) Low and moderate income requirement.--Notwithstanding \n the authority of the Secretary under paragraph (1)--\n (A) all of the funds appropriated or otherwise made \n available under this section shall be used with respect \n to persons whose incomes do not exceed 120 percent of \n area median income; and\n (B) not less than 25 percent of the funds made \n available under this section to any State, qualified \n metropolitan city, or unit of general local government \n shall be used with respect to persons whose incomes do \n not exceed 30 percent of the area median income.\n (f) Definitions.--For purposes of this Act, the following \ndefinitions shall apply:\n (1) Qualified metropolitan city.--The term ``qualified \n metropolitan city'' means a metropolitan city, as such term is \n defined in section 102 of the Housing and Community Development \n Act of 1974 (42 U.S.C. 5302), that has a population of not less \n than 200,000, as determined by the 2000 decennial census.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Housing and Urban Development.\n (3) State; unit of general local government.--The terms \n ``State'' and ``unit of general local government'' have the \n meanings given such terms in section 102 of the Housing and \n Community Development Act of 1974 (42 U.S.C. 5302).\n (g) Emergency Designation.--The amounts appropriated under this \ntitle are designated as an emergency requirement and necessary to meet \nemergency needs pursuant to section 204 of S . Con. Res. 21 (110th \nCongress), the concurrent resolution on the budget for fiscal year \n2008.","summary":"Neighborhood Rescue and Stabilization Act of 2008 - Authorizes for FY2008 appropriations for assistance to states and local governmental units for the redevelopment of abandoned and foreclosed homes. Requires the Secretary of Housing and Urban Development (HUD) to allocate the funds among the states according to a funding formula reflecting the ratio that home mortgage foreclosures occurring in a state bears to the aggregate number of such foreclosures occurring in all states. Requires states to allocate funds to qualified metropolitan cities according to a similar formula. Requires states and local governmental units to give priority to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those: (1) with the greatest percentage of home foreclosures. (2) with the highest percentage of homes financed by a subprime mortgage related loan. Or (3) identified as likely to face a significant rise in the rate of home foreclosures. Cites eligible uses and redevelopment financing mechanisms. Sets forth low- and moderate-income requirements for the use of all funds made available under this Act.","title":"To provide economic stimulus through emergency community development block grant assistance for the redevelopment of abandoned and foreclosed homes.","text_len":13383,"sum_len":1203} {"bill_id":"110_hr1511","text":"SECTION 1. RELIEF WITH RESPECT TO RENT AND MORTGAGE PAYMENTS FOR \n RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.\n\n (a) Rent and Mortgage Relief.--Title III of the Servicemembers \nCivil Relief Act (50 U.S.C. App. 531 et seq.) is amended by adding at \nthe end the following new section:\n\n``SEC. 309. RENT AND MORTGAGE RELIEF.\n\n ``(a) Rent.--A member of a reserve component who is ordered to \nreport for military service for a period of more than 90 days and who \non the date of such order is a lessee of real property that is occupied \nby the member or dependents of the member as the primary residence of \nthe member or dependents shall not be required to pay rent under that \nlease for any period of such military service during which the member \nis assigned to duty at a location sufficiently distant from such \nproperty that the member is unable to reside at such property.\n ``(b) Mortgages.--\n ``(1) In general.--A member of a reserve component who is \n ordered to report for military service for a period of more \n than 90 days and who on the date of such order resides at real \n property that is occupied by the member or dependents of the \n member as the primary residence of the member or dependents, is \n owned by the member, and is secured by a mortgage shall be not \n be required during the period of such military service to make \n any payment of principal or interest on the mortgage. Any \n payment not paid by reason of the preceding sentence shall be \n deferred and shall be appended, on a month-for-month basis, to \n the end of the term of the mortgage, in the same amount as \n originally due.\n ``(2) Mortgage.--In this subsection, the term `mortgage' \n includes a trust deed or other security in the nature of a \n mortgage.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by inserting after the item relating to section 308 \nthe following new item:\n\n``Sec. 309. Rent and mortgage relief.''.\n (c) Effective Date.--Section 309 of the Servicemembers Civil Relief \nAct, as added by subsection (a), shall apply with respect to \nobligations to make lease payments or mortgage payments that become due \non or after the date of the enactment of this Act.\n\nSEC. 2. REFUNDABLE TAX CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF \n FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and by inserting \nafter section 35 the following new section:\n\n``SEC. 36. CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE \n COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.\n\n ``(a) General Rule.--In the case of a lessor, there shall be \nallowed as a credit against the tax imposed by this chapter for the \ntaxable year an amount equal to the reserve component rent relief \ncredit.\n ``(b) Limitation Based on Previous Rent.--For purposes of this \nsection--\n ``(1) In general.--In the case of a property which was \n rented for the entire preceding taxable year, the amount taken \n into account under this section as rent not received with \n respect to such property shall not exceed the amount for which \n such property was rented for the preceding taxable year.\n ``(2) Property rented for less than full year.--In the case \n of a property which was rented for less than the entire \n preceding taxable year, the amount taken into account under \n this section as rent not received with respect to such property \n shall not exceed the amount for which such property was rented \n for the preceding taxable year, annualized under such methods \n as the Secretary may prescribe by regulation.\n ``(3) Property not rented during preceding year.--This \n subsection shall not apply in the case of a property which was \n not rented during the preceding taxable year.\n ``(c) Reserve Component Rent Relief Credit.--For purposes of \nsubsection (a), the reserve component rent relief credit for a taxable \nyear is the aggregate amount of rent not received on leases held by the \ntaxpayer by reason of section 309(a) of the Servicemembers Civil Relief \nAct.\n ``(d) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter with respect to amounts taken into account in \ndetermining the credit allowed under this section.\n ``(e) Regulations.--The Secretary shall issue such regulations as \nmay be necessary or appropriate to carry out this section.''.\n (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title \n31, United States Code, is amended by inserting ``or from section 36 of \nsuch Code'' before the period at the end.\n (c) Clerical Amendment.--The table of sections for subpart C of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by redesignating the item relating to section 36 as an \nitem relating to section 37 and by inserting after the item relating to \nsection 35 the following new item:\n\n``Sec. 36. Credit for lessors with respect to rent relief for reserve \n components members ordered to active \n duty.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Amends the Servicemembers Civil Relief Act to allow a military reservist who is ordered to active duty for a period of more than 90 days: (1) an exemption during the period of active duty from payment of rent on a primary residence occupied by such member or dependents. And (2) a deferral of mortgage payments on a principal residence. Amends the Internal Revenue Code to allow lessors of military reservists granted an exemption from rent payments under this Act a refundable tax credit for the exempted lease amounts.","title":"To amend the Servicemembers Civil Relief Act to provide relief with respect to rent and mortgage payments for members of the reserve components who are called to active duty and to amend the Internal Revenue Code of 1986 to allow a refundable credit to lessors for payments foregone by reason of such relief.","text_len":5620,"sum_len":520} {"bill_id":"115_hr6140","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Advanced Nuclear Fuel Availability \nAct''.\n\nSEC. 2. PROGRAM.\n\n (a) Establishment.--The Secretary shall establish and carry out, \nthrough the Office of Nuclear Energy, a program to support the \navailability of HA-LEU for domestic commercial use.\n (b) Program Elements.--In carrying out the program under subsection \n(a), the Secretary--\n (1) may provide financial assistance to assist commercial \n entities to design and license transportation packages for HA-\n LEU, including canisters for metal, gas, and other HA-LEU \n compositions;\n (2) shall, to the extent practicable--\n (A) by January 1, 2021, have commercial entities \n submit such transportation package designs to the \n Commission for certification by the Commission under \n part 71 of title 10, Code of Federal Regulations; and\n (B) encourage the Commission to have such \n transportation package designs so certified by the \n Commission by January 1, 2023;\n (3) not later than January 1, 2020, shall submit to \n Congress a report on the Department's uranium inventory that \n may be available to be processed to HA-LEU for purposes of such \n program, which may not include any uranium allocated by the \n Secretary for use in support of the atomic energy defense \n activities of the National Nuclear Security Administration;\n (4) not later than 1 year after the date of enactment of \n this Act, and biennially thereafter through September 30, 2025, \n shall conduct a survey of stakeholders to estimate the quantity \n of HA-LEU necessary for domestic commercial use for each of the \n 5 subsequent years;\n (5) shall assess options available for the Secretary to \n acquire HA-LEU for such program, including an assessment, for \n each such option, of the cost and amount of time required;\n (6) shall establish a consortium, which may include \n entities involved in any stage of the nuclear fuel cycle, to \n partner with the Department to support the availability of HA-\n LEU for domestic commercial use, including by--\n (A) providing information to the Secretary for \n purposes of surveys conducted under paragraph (4); and\n (B) purchasing HA-LEU made available to members of \n the consortium by the Secretary under the program;\n (7) shall, prior to acquiring HA-LEU under paragraph (8), \n in coordination with the consortium established pursuant to \n paragraph (6), develop a schedule for cost recovery of HA-LEU \n made available to members of the consortium pursuant to \n paragraph (8);\n (8) may, beginning not later than 3 years after the \n establishment of a consortium under paragraph (6), acquire HA-\n LEU, in order, to the extent practicable, to make such HA-LEU \n available to members of the consortium beginning not later than \n January 1, 2025, in amounts that are consistent, to the extent \n practicable, with the quantities estimated under the surveys \n conducted under paragraph (4); and\n (9) shall develop, in consultation with the Commission, \n criticality benchmark data to assist the Commission in--\n (A) the licensing and regulation of category II \n spent nuclear material fuel fabrication and enrichment \n facilities under part 70 of title 10, Code of Federal \n Regulations; and\n (B) certification of transportation packages under \n part 71 of title 10, Code of Federal Regulations.\n (c) Applicability of USEC Privatization Act.--The requirements of \nsubparagraphs (A) and (C) of section 3112(d)(2) of the USEC \nPrivatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a sale or \ntransfer of HA-LEU by the Secretary to a member of the consortium under \nthis section.\n (d) Funding.--\n (1) Transportation package design.--\n (A) Cost share.--The Secretary shall ensure that \n not less than 20 percent of the costs of design and \n license activities carried out pursuant to subsection \n (b)(1) are paid by a non-Federal entity.\n (B) Authorization of appropriations.--There are \n authorized to be appropriated to carry out subsection \n (b)(1)--\n (i) $1,500,000 for fiscal year 2019;\n (ii) $1,500,000 for fiscal year 2020; and\n (iii) $1,500,000 for fiscal year 2021.\n (2) DOE acquisition of ha-leu.--The Secretary may not make \n commitments under this section (including cooperative \n agreements (used in accordance with section 6305 of title 31, \n United States Code), purchase agreements, guarantees, leases, \n service contracts, or any other type of commitment) for the \n purchase or other acquisition of HA-LEU unless funds are \n specifically provided for such purposes in advance in \n subsequent appropriations Acts, and only to the extent that the \n full extent of anticipated costs stemming from such commitments \n is recorded as an obligation up front and in full at the time \n it is made.\n (3) Other costs.--Except as otherwise provided in this \n subsection, in carrying out this section, the Secretary shall \n use amounts otherwise authorized to be appropriated to the \n Secretary.\n (e) Sunset.--The authority of the Secretary to carry out the \nprogram under this section shall expire on September 30, 2033.\n\nSEC. 3. REPORT TO CONGRESS.\n\n Not later than 12 months after the date of enactment of this Act, \nthe Commission shall submit to Congress a report that includes--\n (1) identification of updates to regulations, \n certifications, and other regulatory policies that the \n Commission determines are necessary in order for HA-LEU to be \n commercially available, including--\n (A) guidance for material control and \n accountability of category II special nuclear material;\n (B) certifications relating to transportation \n packaging for HA-LEU; and\n (C) licensing of enrichment, conversion, and fuel \n fabrication facilities for HA-LEU, and associated \n physical security plans for such facilities;\n (2) a description of such updates; and\n (3) a timeline to complete such updates.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Commission.--The term ``Commission'' means the Nuclear \n Regulatory Commission.\n (2) Department.--The term ``Department'' means Department \n of Energy.\n (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-\n enriched uranium.\n (4) High-assay low-enriched uranium.--The term ``high-assay \n low-enriched uranium'' means uranium having an assay greater \n than 5.0 percent and less than 20.0 percent enrichment of the \n uranium-235 isotope.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\n Passed the House of Representatives December 11, 2018.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development.","title":"Advanced Nuclear Fuel Availability Act","text_len":7788,"sum_len":244} {"bill_id":"105_s1453","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Commission on Fairness in \nthe Workplace Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) there is an increasing trend toward the use of part-\n time workers;\n (2) part-time jobs often have no or limited health or \n pension benefits and few labor protections;\n (3) there is a trend toward the creation of more part-time \n jobs than full-time jobs;\n (4) questions have been raised regarding the impact of \n part-time employment on wage levels, benefits, earning \n potential, and productivity; and\n (5) a Federal commission should be established to conduct a \n thorough study of all matters relating to the impact of part-\n time employment on wage levels, benefits, earning potential, \n and productivity and to study the practice of providing \n different wage and benefit levels to part-time and full-time \n workers.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the National Commission on Fairness in the Workplace (hereafter \nreferred to in this Act as the ``Commission'').\n (b) Membership.--The Commission shall be composed of 9 members of \nwhom--\n (1) 3 shall be appointed by the President;\n (2) 3 shall be appointed by the President pro tempore of \n the Senate, upon the recommendation of the Majority and \n Minority Leaders of the Senate; and\n (3) 3 shall be appointed by the Speaker of the House of \n Representatives, in consultation with the Minority Leader of \n the House of Representatives.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Commission have been appointed, the Commission \nshall hold its first meeting as directed by the President.\n (e) Meetings.--After the initial meeting, the Commission shall meet \nat the call of the Chairperson.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum for the transaction of business, but a lesser \nnumber of members may hold hearings.\n (g) Chairperson and Vice Chairperson.--The Commission shall select \na Chairperson and Vice Chairperson from among its members.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n (a) Study.--\n (1) In general.--The Commission shall conduct a \n comprehensive study of the impact of part-time employment in \n the United States.\n (2) Matters to be studied.--The matters to be studied by \n the Commission under paragraph (1) shall include--\n (A) a review of the trend toward creation of more \n part-time than full-time jobs;\n (B) an assessment of the relationship between part-\n time work and wage levels, benefits, earning potential, \n and productivity; and\n (C) a review of the practice of providing different \n wage and benefit levels to part-time and full-time \n workers.\n (b) Report.--No later than 12 months after the Commission holds its \nfirst meeting, the Commission shall submit a report on the study to the \nPresident and Congress. The report shall contain a detailed statement \nof the findings and conclusions of the Commission, together with its \nrecommendations for such legislation and administrative actions as it \nconsiders appropriate.\n\nSEC. 5. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out its duties \nof this Act.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon request of the Chairperson of the Committee, the head of such \ndepartment or agency shall furnish such information to the Commission.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Each member of the Commission who is \nnot otherwise an officer or employee of the Federal Government shall be \ncompensated at a rate equal to the daily equivalent of the annual rate \nof basic pay prescribed for a position at level IV of the Executive \nSchedule under section 5315 of title 5, United States Code, for each \nday (including travel time) during which such member is engaged in the \nperformance of the duties of the Commission. Each member of the \nCommission who is otherwise an officer or employee of the United States \nshall serve without compensation in addition to that received for \nservices as an officer or employee of the United States.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of service for the \nCommission.\n (c) Staff.--\n (1) In general.--The Chairperson of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment and \n termination of an executive director shall be subject to \n confirmation by a majority of the members of the Commission.\n (2) Compensation.--The executive director shall be \n compensated at a rate not to exceed the rate payable for a \n position at level V of the Executive Schedule under section \n 5316 of title 5, United States Code. The Chairperson may fix \n the compensation of other personnel without regard to the \n provisions of chapter 51 and subchapter III of chapter 53 of \n title 5, United States Code, relating to classification of \n positions and General Schedule pay rates, except that the rate \n of pay for such personnel may not exceed the rate payable for a \n position at level V of the Executive Schedule under section \n 5316 of such title.\n (3) Detail of government employees.--Any Federal Government \n employee, with the approval of the head of the appropriate \n Federal agency, may be detailed to the Commission without \n reimbursement, and such detail shall be without interruption or \n loss of civil service status, benefits, or privilege.\n (d) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals not to exceed the daily equivalent of the annual rate \nof basic pay prescribed for a position at level V of the Executive \nSchedule under section 5316 of such title.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Commission such sums \nas may be necessary to carry out the purposes of this Act. Any sums \nappropriated shall remain available, without fiscal year limitation, \nuntil expended.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate 30 days after submission of its \nreport under section 4(b).","summary":"National Commission on Fairness in the Workplace Act - Establishes the National Commission on Fairness in the Workplace, which shall conduct a comprehensive study of the impact of part-time employment in the United States, including: (1) a review of the trend toward creation of more part-time than full-time jobs. (2) an assessment of the relationship between part-time work and wage levels, benefits, earning potential, and productivity. And (3) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. Authorizes appropriations.","title":"National Commission on Fairness in the Workplace Act","text_len":7781,"sum_len":582} {"bill_id":"109_hr1530","text":"SECTION 1. FINDINGS.\n\n The Congress finds that:\n (1) The United States must increase its supply of energy to \n ensure a continuing prosperous economy and high standard of \n life.\n (2) We currently rely heavily on imports of energy supplies \n from foreign nations and utilize large quantities of carbon \n fuels for electricity generation.\n (3) Hydropower is a domestic energy source which currently \n produces 92,000 megawatts of electricity per year, a figure \n representing 10 percent of the generation capacity in the \n United States.\n (4) The Energy Information Agency estimates that, of the \n 75,000 dams in the United States, only 2,400 or three percent \n of these dams currently produce electricity.\n (5) The Energy Information Agency further estimates that \n there are approximately 21,300 megawatts of undeveloped \n capacity at existing dams.\n (6) New technology allows this energy to be utilized with \n little or no environmental effect by adding new turbines to \n existing dams and improving the efficiency of existing \n turbines.\n (7) Hydropower produces electricity without producing \n hazardous waste or air pollutants.\n (8) The 92,000 megawatts of electricity currently generated \n by hydropower avoid the annual emission of 4.75 million tons of \n sulfur dioxide and 2 million tons of nitrous oxide by \n eliminating the need to burn 345 million tons of coal.\n (9) Hydropower is a renewable energy source which, because \n of the natural hydrologic cycle, will continue to be available \n in perpetuity.\n\nSEC. 2. CONSTITUTIONAL AUTHORITY.\n\n The Constitutional authority on which this Act rests is the power \nof Congress to make all laws which shall be necessary and proper as \nenumerated in article I, section 8 of the United States Constitution.\n\nSEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.\n\n (a) Incentive Payments.--For electric energy generated and sold by \na qualified hydroelectric facility during the incentive period, the \nSecretary of Energy (referred to in this section as the ``Secretary'') \nshall make, subject to the availability of appropriations, incentive \npayments to the owner or operator of such facility. The amount of such \npayment made to any such owner or operator shall be as determined under \nsubsection (e) of this section. Payments under this section may only be \nmade upon receipt by the Secretary of an incentive payment application \nwhich establishes that the applicant is eligible to receive such \npayment and which satisfies such other requirements as the Secretary \ndeems necessary. Such application shall be in such form, and shall be \nsubmitted at such time, as the Secretary shall establish.\n (b) Definitions.--For purposes of this section:\n (1) Qualified hydroelectric facility.--The term ``qualified \n hydroelectric facility'' means a turbine or other generating \n device owned or solely operated by a non-Federal entity which \n generates hydroelectric energy for sale and which is added to \n an existing dam or conduit.\n (2) Existing dam or conduit.--The term ``existing dam or \n conduit'' means any dam or conduit the construction of which \n was completed before the date of the enactment of this section \n and which does not require any construction or enlargement of \n impoundment or diversion structures (other than repair or \n reconstruction) in connection with the installation of a \n turbine or other generating device.\n (3) Conduit.--The term ``conduit'' has the same meaning as \n when used in section 30(a)(2) of the Federal Power Act.\nThe terms defined in this subsection shall apply without regard to the \nhydroelectric kilowatt capacity of the facility concerned, without \nregard to whether the facility uses a dam owned by a governmental or \nnongovernmental entity, and without regard to whether the facility \nbegins operation on or after the date of the enactment of this section.\n (c) Eligibility Window.--Payments may be made under this section \nonly for electric energy generated from a qualified hydroelectric \nfacility which begins operation during the period of 10 fiscal years \nbeginning with the first full fiscal year occurring after the date of \nenactment of this Act.\n (d) Incentive Period.--A qualified hydroelectric facility may \nreceive payments under this section for a period of 10 fiscal years \n(referred to in this section as the ``incentive period''). Such period \nshall begin with the fiscal year in which electric energy generated \nfrom the facility is first eligible for such payments.\n (e) Amount of Payment.--\n (1) In general.--Payments made by the Secretary under this \n section to the owner or operator of a qualified hydroelectric \n facility shall be based on the number of kilowatt hours of \n hydroelectric energy generated by the facility during the \n incentive period. For any such facility, the amount of such \n payment shall be 1.5 cents per kilowatt hour (adjusted as \n provided in paragraph (2)), subject to the availability of \n appropriations under subsection (g), except that no facility \n may receive more than $1,000,000 in one calendar year.\n (2) Adjustments.--The amount of the payment made to any \n person under this section as provided in paragraph (1) shall be \n adjusted for inflation for each fiscal year beginning after \n calendar year 2005 in the same manner as provided in the \n provisions of section 29(d)(2)(B) of the Internal Revenue Code \n of 1986, except that in applying such provisions the calendar \n year 2005 shall be substituted for calendar year 1979.\n (f) Sunset.--No payment may be made under this section to any \nqualified hydroelectric facility after the expiration of the period of \n20 fiscal years beginning with the first full fiscal year occurring \nafter the date of enactment of this Act, and no payment may be made \nunder this section to any such facility after a payment has been made \nwith respect to such facility for a period of 10 fiscal years.\n (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out the purposes of this section \n$50,000,000 for each of the fiscal years 2006 through 2015.\n\nSEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.\n\n (a) Incentive Payments.--The Secretary of Energy shall make \nincentive payments to the owners or operators of hydroelectric \nfacilities at existing dams to be used to make capital improvements in \nthe facilities that are directly related to improving the efficiency of \nsuch facilities by at least 3 percent.\n (b) Limitations.--Incentive payments under this section shall not \nexceed 10 percent of the costs of the capital improvement concerned and \nnot more than one payment may be made with respect to improvements at a \nsingle facility. No payment in excess of $1,000,000 may be made with \nrespect to improvements at a single facility.\n (c) Authorization.--There is authorized to be appropriated to carry \nout this section not more than $50,000,000 in each fiscal year after \nthe fiscal year 2005.\n\nSEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.\n\n Section 408(a)(6) of the Public Utility Regulatory Policies Act of \n1978 is amended by striking ``April 20, 1977'' and inserting ``March 4, \n2005''.\n\nSEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL \n FACILITIES.\n\n (a) In General.--The Secretary of Energy, in consultation with the \nSecretary of the Interior and Secretary of the Army, shall conduct \nstudies of the cost-effective opportunities to increase hydropower \ngeneration at existing federally-owned or operated water regulation, \nstorage, and conveyance facilities. Such studies shall be completed \nwithin two years after the date of enactment of this Act and \ntransmitted to the Committee on Commerce of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate. An individual study shall be prepared for each of the \nNation's principal river basins. Each such study shall identify and \ndescribe with specificity the following matters:\n (1) Opportunities to improve the efficiency of hydropower \n generation at such facilities through, but not limited to, \n mechanical, structural, or operational changes.\n (2) Opportunities to improve the efficiency of the use of \n water supplied or regulated by Federal projects where such \n improvement could, in the absence of legal or administrative \n constraints, make additional water supplies available for \n hydropower generation or reduce project energy use.\n (3) Opportunities to create additional hydropower \n generating capacity at existing facilities through, but not \n limited to, the construction of additional generating \n facilities, the uprating of generators and turbines, and the \n construction of pumped storage facilities.\n (4) Preliminary assessment of the costs and the economic \n and environmental consequences of such measures.\n (b) Previous Studies.--If studies of the type required by \nsubsection (a) have been prepared by any agency of the United States \nand published within the five years prior to the date of enactment of \nthis Act, the Secretary of Energy may choose not to perform new studies \nand incorporate the information in such studies into the studies \nrequired by subsection (a).\n (c) Authorization.--There is authorized to be appropriated such \nsums as may be necessary to carry out the purposes of this section.\n\nSEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM.\n\n Section 1212 of the Energy Policy Act of 1992 is amended in \nsubsection (b) by inserting after ``and which'' the following ``is a \nsmall hydroelectric power project (as defined in section 408(a)(1) of \nthe Public Utility Regulatory Policies Act of 1978) or which''.","summary":"Directs the Secretary of Energy to make incentive payments during a specified incentive period to the owner or operator of: (1) a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. And (2) hydroelectric facilities at existing dams for capital improvements that are directly related to improving their efficiency by at least three percent. Describes payment limitations.","title":"To encourage the development of hydroelectric projects, and for other purposes.","text_len":10262,"sum_len":498} {"bill_id":"105_s444","text":"SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES.\n\n (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 \n(relating to environmental taxes) is amended by adding at the end the \nfollowing:\n\n ``Subchapter E--Tax on Tires\n\n ``Sec. 4691. Imposition of tax.\n\n``SEC. 4691. IMPOSITION OF TAX.\n\n ``(a) General Rule.--There is imposed a tax on the manufacture or \nimportation of tires of any type, including solid and pneumatic tires.\n ``(b) Amount of Tax.--The amount of the tax imposed by subsection \n(a) shall be 50 cents per tire.\n ``(c) Liability for Tax.--The tax imposed by subsection (a) shall \nbe paid by the manufacturer or importer of the tire not later than 30 \ndays after the end of each calendar quarter for each tire manufactured \nor imported during such quarter.\n ``(d) Tires on Imported Articles.--For purposes of subsection (a), \nif an article imported into the United States is equipped with tires, \nthe importer of the article shall be treated as the importer of the \ntires with which such article is equipped.\n ``(e) Effective Date.--The tax imposed by this section shall apply \nto tires manufactured or imported after December 31, 1997, and before \nJanuary 1, 2003.''.\n (b) Conforming Amendment.--The table of subchapters for chapter 38 \nof such Code is amended by adding after the item relating to subchapter \nD the following:\n\n ``Subchapter E. Tax on tires.''.\n\nSEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST \n FUND.\n\n (a) In General.--Subchapter A of chapter 98 of the Internal Revenue \nCode of 1986 (relating to the establishment of trust funds) is amended \nby adding after section 9511 the following:\n\n``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the ``Waste Tire \nRecycling, Abatement, and Disposal Trust Fund'' consisting of such \namounts as may be appropriated or credited to such Trust Fund as \nprovided in this section or section 9602(b).\n ``(b) Transfers to Trust Fund.--There are appropriated to the Waste \nTire Recycling, Abatement, and Disposal Trust Fund amounts equivalent \nto--\n ``(1) taxes received in the Treasury under section 4691 \n (relating to an assessment on motor vehicle tires); and\n ``(2) amounts received in the Treasury and collected under \n section 4011 of the Solid Waste Disposal Act.\n ``(c) Expenditures.--Amounts in the Waste Tire Recycling, \nAbatement, and Disposal Trust Fund shall be available, as provided in \nappropriation Acts, only for the purpose of making expenditures to \ncarry out the purposes of section 4011 of the Solid Waste Disposal Act.\n ``(d) Authority to Borrow.--\n ``(1) In general.--There are authorized to be appropriated \n to the Waste Tire Recycling, Abatement, and Disposal Trust \n Fund, as repayable advances, such sums as may be necessary to \n carry out the purposes of section 4011(k) of the Solid Waste \n Disposal Act.\n ``(2) Limitation on aggregate advances.--The maximum \n aggregate amount of repayable advances to the Waste Tire \n Recycling, Abatement, and Disposal Trust Fund which is \n outstanding at any one time shall not exceed an amount equal to \n the amount which the Secretary estimates will be equal to the \n sum of the amounts received from the tax imposed by section \n 4691 during any 2-year period.\n ``(3) Repayment of advances.--\n ``(A) In general.--Advances made to the Waste Tire \n Recycling, Abatement, and Disposal Trust Fund shall be \n repaid, and interest on such advances shall be paid, to \n the general fund of the Treasury when the Secretary \n determines that moneys are available for such purposes \n in the Waste Tire Recycling, Abatement, and Disposal \n Trust Fund.\n ``(B) Date for termination of advances.--No advance \n shall be paid to the Trust Fund after December 31, 2001 \n and all advances to the Trust Fund shall be repaid on \n or before such date.\n ``(C) Interest rate on advances.--Interest on \n advances made to the Trust Fund shall be at a rate \n determined by the Secretary to be equal to the current \n market yield on outstanding marketable obligations of \n the United States with remaining periods to maturity \n comparable to the anticipated period during which the \n advance will be outstanding, and shall be compounded \n annually.''.\n (b) Conforming Amendment.--The table of sections for \n subchapter A of chapter 98 of such Code is amended by adding \n after the item relating to section 9511 the following:\n\n ``Sec. 9511. Waste Tire Recycling, \n Abatement, and Disposal Trust \n Fund.''.","summary":"Amends the Internal Revenue Code (IRC) to impose a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. Establishes the Waste Tire Recycling, Abatement, and Disposal Trust Fund. Appropriates to the Fund the taxes received under IRC provisions relating to an assessment on motor vehicle tires and amounts received under specified provisions of the Solid Waste Disposal Act. Makes Fund amounts available , and authorizes appropriations, for State and Federal waste tire recycling, abatement, and disposal activities and related research.","title":"A bill to amend the Internal Revenue Code to impose a tax on the manufacture and importation of tires, and for other purposes.","text_len":5298,"sum_len":579} {"bill_id":"107_hr4879","text":"SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.\n\n (a) Short Title.--This Act may be cited as the ``Veterans' \nEmployment, Business Opportunity, and Training Act of 2002''.\n (b) References.--Except as otherwise expressly provided, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of title \n38, United States Code.\n\n TITLE I--EMPLOYMENT SERVICES\n\nSEC. 101. DEFINITIONS.\n\n As used in this title:\n (1) The term ``veteran'' has the same meaning as ``eligible \n veteran'' as defined in section 4211(4) of title 38, United \n States Code.\n (2) The term ``eligible person'' means--\n (A) the spouse of any person who died of a service-\n connected disability;\n (B) the spouse of any member of the Armed Forces \n serving on active duty who, at the time of application \n for assistance under this Act, is listed, pursuant to \n section 556 of title 37, United States Code, and \n regulations issued thereunder, by the Secretary \n concerned in one or more of the following categories \n and has been so listed for a total of more than ninety \n days--\n (i) missing in action,\n (ii) captured in line of duty by a hostile \n force, or\n (iii) forcibly detained or interned in line \n of duty by a foreign government or power; or\n (C) the spouse of any person who has a total \n disability permanent in nature resulting from a \n service-connected disability or the spouse of a veteran \n who died while a disability so evaluated was in \n existence.\n (3) The term ``State'' means each of the several States of \n the United States, the District of Columbia, and the \n Commonwealth of Puerto Rico, and may include, to the extent \n determined necessary by the Secretary of Veterans Affairs and \n feasible for all purposes of this title, Guam, American Samoa, \n the Virgin Islands, the Commonwealth of the Northern Marianas \n Islands, and the Trust Territory of the Pacific Islands.\n (4) The term ``servicemember'' has the same meaning as an \n individual who is a member of the Armed Forces as defined in \n section 101(10) of title 38, United States Code, and who is \n being separated from the Armed Forces within the time periods \n specified in section 1142(a)(3) of title 10, United States \n Code.\n\nSEC. 102. PURPOSE.\n\n In furtherance of the Nation's responsibility toward alleviating \nunemployment and underemployment among veterans, there shall be \nestablished a national performance-based job-search assistance program \nthat--\n (1) will provide high-quality, job-search service to \n veterans, servicemembers, and other eligible persons, focused \n on assisting such individuals in obtaining and maintaining \n employment, as well as reducing the duration of individual's \n unemployment;\n (2) will assist employers in locating and hiring qualified \n veterans, servicemembers, and other eligible persons; and\n (3) will be accessible to veterans, servicemembers, and \n other eligible persons.\nThe Department of Veterans Affairs would continue to aggressively use \nweb-based technology to provide better service to veterans around the \nworld.\n\nSEC. 103. ESTABLISHMENT OF NEW COMPETITIVE GRANTS PROGRAM.\n\n (a) Establishment of New Program.--Notwithstanding any other \nprovision of law, the Secretary of Veterans Affairs shall establish a \ncompetitive grants program to be referred to as the ``Veterans' \nEmployment, Business Opportunity and Training Program'' (``VEBOT'') \nthrough which State Governors or other entities, as may be appropriate, \nwould receive grants for the purpose of providing employment services \nto veterans, servicemembers, and other eligible persons within each \nState. The purpose of such program shall be to assist veterans, \nservicemembers, and other eligible persons in obtaining employment by \nproviding for access to optimal employment opportunities.\n (b) Implementation of New Program.--The Secretary of Veterans \nAffairs shall prescribe such regulations as the Secretary considers \nappropriate to implement the VEBOT program required to be established \nunder this section. Such regulations shall address matters relating to \nthe development and implementation of the program, including--\n (1) the determination of eligibility criteria for affected \n veterans, servicemembers, or other eligible persons, for \n employment services and other related services that shall be \n provided;\n (2) the nature and type of services to be provided;\n (3) the most appropriate and efficient means to provide \n such services;\n (4) the most appropriate means to monitor and assess the \n performance of entities providing employment services;\n (5) the manner in which the Department of Veterans Affairs \n will cooperate with State employment agencies to ensure that \n veterans continue to have access to the full range of workforce \nservices available through existing State and local one-stop \nemployment-service delivery systems;\n (6) the manner in which the Department of Veterans Affairs \n will coordinate with the Department of Labor to ensure that \n veterans continue to receive priority or other special \n consideration in the provision of employment services through \n existing State and local one-stop employment-service delivery \n systems, as required by law or regulation; and\n (7) the entity or organization within the Department of \n Veterans Affairs that will administer the program. In \n developing the regulations, the Secretary shall take into \n consideration the recommendations of the task force required to \n be established under subsection (c) of this section and shall \n consult with the Secretary of Defense with respect to \n eligibility criteria affecting servicemembers.\n (c) Task Force To Be Established; Consultation With Designated \nParties.--The Secretary of Veterans Affairs shall establish a task \nforce comprised of at least eleven (but not more than fifteen) members \nwhich shall, not later than 180 days from the date of its \nestablishment, make recommendations to the Secretary regarding the \nmatters described in subsection (b) of this section. The task force \nshall include representatives of veterans service organizations, \nrepresentatives of employers in private industry or employer \norganizations, and representatives of State Governors. The Secretary of \nLabor, the Secretary of Defense, and the Secretary of Transportation \nshall be ex officio members of the task force.\n (d) Grants, Program To Be Competitive; Grants To Include \nPerformance Requirements.--The Secretary of Veterans Affairs shall \nensure that all services under the VEBOT program are provided through \ngrants awarded either directly or indirectly on a competitive basis and \nthat such grants include appropriate performance requirements with \nclear outcome measures. States or other entities may join in consortia \nto provide services to veterans.\n (e) Performance Measurement.--\n (1) Each Governor of a State or other entity receiving \n funds under a grant authorized by this section shall achieve \n the performance requirements as agreed in the established \n provisions for such grant. If unanticipated circumstances \n arising in a State would adversely affect a grantee's ability \n to meet its performance requirements, the grantee may request \n that the Secretary adjust the agreed-to levels of performance. \n If a grantee fails to meet the agreed-to levels of performance, \n the Secretary of Veterans Affairs may provide to the grantee \n assistance in such form as the Secretary may consider \n appropriate, including training, technical assistance, staff \n development, and activities replicating those used by other \n successful grants and projects with demonstrated effectiveness. \n In the event of continued non-performance, the Secretary may, \n pursuant to such regulations as the Secretary may prescribe, \n remove the funds from a grantee and directly or indirectly \n solicit through a competition a new grantee and service \n provider.\n (2) Consistent with State law, the Secretary of Veterans \n Affairs and States and other entities identified to deliver \n services under the VEBOT program may utilize wage record \ninformation for program performance measurement as prescribed by the \nSecretary of Veterans Affairs. The Secretary of Labor shall provide \nassistance to the Secretary of Veterans Affairs in gaining access to \nwage information for this purpose.\n (f) Cost Principles.--\n (1)(A) Each Governor of a State or other entity receiving \n funds under this section shall comply with the applicable \n uniform-cost principles included in the appropriate circulars \n or directives of the Office of Management and Budget for the \n type of entity receiving the funds, as well as regulations \n prescribed by the Secretary of Veterans Affairs. Each grantee \n shall establish such fiscal controls and fund accounting \n procedures as may be necessary to assure the proper disbursal \n of, and accounting for, Federal funds allocated to any provider \n receiving funds under this section and shall maintain \n appropriate records in accordance with generally accepted \n accounting principles applicable in each State. Each grantee \n shall comply with the appropriate uniform administrative \n requirements for grants, contracts and agreements applicable \n for the type of entity receiving funds, as promulgated in \n circulars or directives of the Office of Management and Budget.\n (B) If a grantee determines that a service provider acting \n under a contract or sub-grant is not in compliance with the \n requirements of this Act, the grantee shall take corrective \n action either to secure the service provider's prompt \n compliance or to remove the funds from the service provider for \n failure to so comply. If the grantee fails to take such \n corrective action, the Secretary may, pursuant to such \n regulations as the Secretary may prescribe, remove funds from \n the grantee and directly or indirectly solicit through a \n competition a new grantee and service provider.\n (2) Unless approved by the Secretary of Veterans Affairs, \n not more than 15 percent of the funds available under this \n section to each State Governor or other entity may be expended \n by a service provider and State Governor for costs of \n administration. The Secretary shall prescribe regulations \n governing the expenditure of funds for costs of administration \n under this paragraph.\n (g) Pilot Projects Authorized.--In connection with the development \nand implementation of the VEBOT program, the Secretary of Veterans \nAffairs, during each fiscal year, may reserve up to 25 percent of the \ntotal available funding for grants to finance national-level primary \nservices and to create pilot programs and demonstration projects to \nestablish the effectiveness and viability of specific proposed \ninnovative program designs and service delivery systems.\n\nSEC. 104. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF CERTAIN \n EMPLOYMENT SERVICES TO SECRETARY OF VETERANS AFFAIRS.\n\n Notwithstanding any other provision of law, during the period \nbeginning on October 1, 2002, and ending on the later of September 30, \n2003, or the date upon which regulations prescribed by the Secretary of \nVeterans Affairs under section 103(b) of this title become effective, \nresponsibilities assigned to the Secretary of Labor under sections 4101 \nthrough 4102A (other than responsibilities assigned under section 4102A \nregarding the purposes of chapters 42 and 43 of title 38, United States \nCode), sections 4103 through 4108, and section 4110 of title 38, United \nStates Code, shall be assumed by the Secretary of Veterans Affairs, and \nthe function of the Assistant Secretary of Labor for Veterans' \nEmployment and Training in the Department of Labor, as well as such \npersonnel of the Department of Labor as may be deemed necessary to \ncarry out such function, shall be transferred from the Department of \nLabor to the Department of Veterans Affairs. During that period, the \nSecretary of Veterans Affairs shall coordinate activities with the \nSecretary of Labor to facilitate the transfer of functions associated \nwith the administration of employment services provided under chapter \n41 of title 38, United States Code, that are conducted by disabled \nveterans' outreach programs specialists and local veterans' employment \nrepresentatives.\n\nSEC. 105. REPEAL OR AMENDMENT OF EXISTING AUTHORITIES.\n\n (a) Repeal of Authorities.--Effective on the later of September 30, \n2003, or the date upon which regulations prescribed by the Secretary of \nVeterans Affairs under section 103(b) of this Act become effective, the \nfollowing sections are repealed: 4100 through 4104A, 4105(b), 4106 \nthrough 4109, and 4110A.\n (b) Conforming Amendment to Chapter 43 Provision.--Section 4321 is \namended by striking out ``(through the Veterans' Employment and \nTraining Service)''.\n (c) Advisory Committee.--Section 4110 is amended)--\n (1) in subsection (a)(1), by striking out ``Department of \n Labor'' and by inserting in lieu thereof ``Department of \n Veterans Affairs'';\n (2) in subsection (a)(2), by inserting ``Department of \n Veterans Affairs and the'' before ``Department of Labor'';\n (3) in subsection (b), by striking out ``Secretary of \n Labor'' and inserting in lieu thereof ``Secretary of Veterans \n Affairs'';\n (4) in subsection (c), by striking out ``Labor'' each place \n it appears and inserting in lieu thereof ``Veterans Affairs'';\n (5) in subsection (d)--\n (A) by striking out ``Secretary of Veterans \n Affairs'' each place it appears and inserting in lieu \n thereof ``Secretary of Labor'';\n (B) by striking out in paragraph (6) ``The \n Assistant Secretary of Labor for Veterans Employment \n and Training'' and inserting in lieu thereof ``The \n official designated by the Secretary of Veterans \n Affairs to administer the Veterans' Employment, \n Business Opportunity and Training Program'';\n (C) by striking out in paragraph (11) ``The \n Director of the United States Employment Service.'' and \n inserting in lieu thereof ``A representative of State \n Governors.''; and\n (D) by striking out in paragraph (12) ``Secretary \n of Labor'' and inserting in lieu thereof ``Secretary of \n Veterans Affairs'';\n (6) in subsection (e)--\n (A) by striking out ``Secretary of Labor'' each \n place it appears and inserting in lieu thereof \n ``Secretary of Veterans Affairs''; and\n (B) by striking out in paragraph (4) ``through the \n Veterans Employment and Training Service'';\n (7) in subsection (f)--\n (A) by striking out ``Secretary of Labor'' each \n place it appears and inserting in lieu thereof \n ``Secretary of Veterans Affairs''; and\n (B) by striking out ``Department of Labor'' and \n inserting in lieu thereof ``Department of Veterans \n Affairs''; and\n (8) in subsection (g), by striking out ``Secretary of \n Labor'' and inserting in lieu thereof ``Secretary of Veterans \n Affairs''.\n\n TITLE II--TRANSITION ASSISTANCE\n\nSEC. 201. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF TRANSITION \n ASSISTANCE PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS.\n\n Notwithstanding any other provision of law--\n (1) references to the ``Secretary of Labor'' in section \n 1144 of title 10, United States Code, shall be deemed to be \n references to the Secretary of Veterans Affairs;\n (2) references to the ``Secretary of Veterans Affairs'' in \n section 1144 of title 10, United States Code, shall be deemed \n to be references to the Secretary of Labor; and\n (3) section 1144(d) of title 10, United States Code, is \n amended by striking out paragraph (1) and inserting in lieu \n thereof the following:\n ``(1) provide, as the case may be, for the use of personnel \n of grant recipients under section 103(b) of the Veterans' \n Employment, Business Opportunity, and Training Act of 2002 or \n such other personnel as the Secretary of Veterans Affairs may \n determine to be appropriate, to the extent that the Secretary \n determines that such use will not significantly interfere with \n the provision of services or other benefits to eligible \n veterans and other eligible recipients of services or benefits \n under programs administered by the Secretary.''.\n\n TITLE III--HOMELESS VETERANS' REINTEGRATION PROGRAMS\n\nSEC. 301. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF HOMELESS \n VETERANS' REINTEGRATION PROGRAM TO THE SECRETARY OF \n VETERANS AFFAIRS.\n\n Section 2021 is amended--\n (1) by striking out ``Secretary of Labor'' each place it \n appears and inserting in lieu thereof ``Secretary of Veterans \n Affairs''; and\n (2) by striking out subsection (c) and redesignating \n subsection (d) as subsection (c).\n\n TITLE IV--EFFECTIVE DATE\n\nSEC. 401. EFFECTIVE DATE.\n\n Except where provided otherwise, the provisions of this Act shall \nbecome effective on October 1, 2002.","summary":"Veterans' Employment, Business Opportunity, and Training Act of 2002 - Directs the Secretary of Veterans Affairs to establish the Veterans' Employment, Business Opportunity and Training Program through which State governors or other entities receive grants for providing employment services to veterans, servicemembers, and the spouses of certain veterans. Requires the Secretary to ensure that all services under the program are provided through grants awarded on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. Requires each governor or entity receiving grant funds to: (1) achieve the performance requirements. And (2) comply with applicable uniform-cost principles and regulations prescribed by the Secretary. Transfers from the Secretary of Labor to the Secretary of Veterans Affairs responsibility for the administration of: (1) certain employment services for veterans. (2) a program of furnishing counseling and employment and training assistance to members of the armed forces who are being separated from active duty and their spouses, and (3) the homeless veterans' reintegration program.","title":"To amend title 38, United States Code, to transfer from the Secretary of Labor to the Secretary of Veterans Affairs certain responsibilities relating to the provision of employment and other services to veterans and other eligible persons; to require the establishment of a new competitive grants program through which employment services shall be provided to veterans, servicemembers, and other eligible persons, and for other purposes.","text_len":18902,"sum_len":1166} {"bill_id":"107_hr3705","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sound Science Saves Species Act of \n2002''.\n\nSEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Endangered Species Act \nof 1973 (16 U.S.C. 1531 et seq.).\n\nSEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES \n ACT OF 1973.\n\n (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) \nis amended by adding at the end the following:\n ``(E) A petition referred to in subparagraph (A) shall contain each \nof the following:\n ``(i) Clear and convincing evidence of each of the \n following:\n ``(I) The known and historic ranges of the species.\n ``(II) The most recent population estimates and \n trends.\n ``(III) The reason that the petitioned action is \n warranted, including known or perceived threats to the \n species.\n ``(IV) The population of the species is declining \n or has declined from historic population levels and \n beyond normal population fluctuations for the species.\n ``(V) Any other information that the petitioner \n considers appropriate.\n ``(ii) A bibliography of scientific literature on the \n species in support of the petition.\n ``(iii) A description of all available data on the \n historical and current range, population, and distribution of \n the species, an explanation of the methodology used to collect \n the data, and an identification of the location where the data \n can be reviewed.''.\n (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is \namended by striking ``(3)(A)'' and inserting the following:\n ``(3)(A)(i) Within 30 days after receiving a petition from an \ninterested person under section 553(e) of title 5, United States Code, \nto add a species to, or to remove a species from, either list published \nunder subsection (c), the Secretary shall--\n ``(I) publish in the Federal Register a notice indicating \n receipt of such petition and inviting interested persons to \n submit any relevant scientific information regarding the status \n of the species concerned;\n ``(II) promptly publish the petition on the Internet \n website of the United States Fish and Wildlife Service;\n ``(III) provide notice of such receipt to each private \n owner of land or water on or in which the species may exist by \n publication of such notice in an appropriate newspaper of \n general circulation, except that such notice shall be provided \n directly to each such owner if the number of such owners is 100 \n or less; and\n ``(IV) notify the Governor of each State that could be \n affected by the petition.\n ``(ii)''.\n (c) Independent Review of Petitions and Findings Regarding \nPetitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at \nthe end the following:\n ``(9)(A)(i) After the Secretary makes a finding under paragraph \n(3)(A) the Secretary shall appoint and convene an independent review \nboard to conduct an independent scientific review of the data included \nin the petition.\n ``(ii) Within 60 days after the date the Secretary convenes the \nindependent review board, the board shall provide to the Secretary its \nfindings regarding the following:\n ``(I) The sufficiency of all relevant scientific \n information and assumptions in the petition relating to the \n taxonomy, population models, and supportive biological and \n ecological information regarding the species that is the \n subject of the petition.\n ``(II) Whether the methodology and analysis supporting the \n petition meet the standards of the academic and scientific \n community.\n ``(III) Whether the petition is supported by clear and \n convincing evidence\/provides clear and convincing evidence that \n the petitioned action may be warranted? see section 4(b)(3)(B) \n of ESA.\n ``(IV) Whether the review board concurs in the finding of \n the Secretary under paragraph (3)(A).\n ``(B)(i) If, within 30 days after the Secretary publishes a finding \nunder paragraph (3)(B)(ii) or (iii), any person submits to the \nSecretary in writing a request for an independent scientific review of \nthe data upon which such finding is based, the Secretary shall appoint \nand convene an independent review board to conduct such review.\n ``(ii) Within 90 days after the date the Secretary convenes the \nindependent review board, the board shall provide to the Secretary its \nfindings regarding the following:\n ``(I) The sufficiency of all relevant scientific \n information and assumptions that are the basis for the finding \n relating to the taxonomy, population models, and supportive \n biological and ecological information regarding the species \n that is the subject of the finding.\n ``(II) Whether the methodology and analysis supporting the \n finding meet the standards of the academic and scientific \n community.\n ``(III) Whether the finding is supported by clear and \n convincing evidence.\n ``(IV) Whether the review board concurs in the finding of \n the Secretary under paragraph (3)(B)(ii) or (iii), as \n applicable.\n ``(C) The Secretary shall--\n ``(i) publish in the Federal Register each finding by an \n independent review board under subparagraph (A) or (B);\n ``(ii) post each such finding on the Internet website of \n the United States Fish and Wildlife Service; and\n ``(iii) otherwise make each such finding available to the \n public.\n ``(D) If an independent review board finds under subparagraph (A) \nor (B) that it does not concur in the finding of the Secretary, the \nSecretary shall--\n ``(i) revoke the finding of the Secretary; or\n ``(ii) publish in the Federal Register an explanation of \n why the finding of the review board is incorrect, with clear \n and convincing evidence supporting such explanation.\n ``(E) The Secretary shall--\n ``(i) maintain a list of individuals who are available to \n participate on independent review boards under this paragraph;\n ``(ii) seek nominations of individuals to participate on \n such boards (upon appointment by the Secretary), through the \n Federal Register, scientific and commercial journals, and the \n National Academy of Sciences and other such institutions; and\n ``(iii) update such list every two years.\n ``(F)(i) An independent review board under subparagraph (A) shall \nbe composed of 3 members, of which--\n ``(I) 2 shall be appointed by the Secretary from the list \n under subparagraph (E); and\n ``(II) 1 shall be appointed by the Secretary from among \n qualified individuals nominated by the Governor of a State in \n which the species concerned is located.\n ``(ii) An independent review board under subparagraph (B) shall be \ncomposed of 5 members, of which--\n ``(I) 3 shall be appointed by the Secretary from the list \n under subparagraph (E); and\n ``(II) 2 shall be appointed by the Secretary from among \n qualified individuals nominated by the Governor of a State in \n which the species concerned is located.\n ``(iii) If any individual declines appointment to an independent \nreview board under this paragraph, the Secretary shall appoint another \nindividual in the same manner.\n ``(iv) The selection of the members, and activities, of independent \nreview boards under this paragraph is not subject to the Federal \nAdvisory Committee Act (5 U.S.C. App.).\n ``(v) The identities of the members of independent review boards \nunder this paragraph shall not be made public.\n ``(vi) The Secretary shall provide compensation to an individual \nfor service as a member of an independent review board under this \nparagraph, at a rate equal to not to exceed the daily equivalent of the \nmaximum annual rate of basic pay for grade GS-12 of the General \nSchedule for each day (including travel time) during which the \nindividual is engaged in the actual performance of duties as a member \nof such board.\n ``(vii) In this subparagraph, the term `qualified individual' means \nan individual with expertise in the biological sciences--\n ``(I) who is by virtue of advanced education, training, or \n avocational, academic, commercial, research, or other \n experience competent to review the adequacy of any scientific \n methodology supporting a finding by the Secretary and the \n validity of any conclusions drawn from data used to support the \n finding;\n ``(II) who is not a participant in any petition or proposed \n or final determination before the Secretary;\n ``(III) who is not, and has not been, employed by or under \n contract to the Secretary or the State in which is located the \n species that is the subject of an independent scientific review \n in which the individual participates, for work related to the \n finding or species under consideration in such review; and\n ``(V) who has no direct financial interest, and is not \n employed by any person with a direct financial interest, in the \n finding under consideration in such review.\n ``(G) The Secretary shall publish, with any final regulation \nimplementing an action with respect to which an independent scientific \nreview board is required under this paragraph to be convened, a summary \nof the report of the independent review board, noting points of \ndisagreement between the reviewers, if any, and the response of the \nSecretary to the report.\n ``(H) The report of each independent scientific review board \nrequired under this paragraph shall be included in the official record \nof any regulation with respect to which the board is convened and shall \nbe available for public review 30 days before the close of the period \nfor comment on the regulation.''.\n (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 \nU.S.C. 1536(b)) is amended by adding at the end the following:\n ``(5)(A)(i) Within 30 days after the date on which the Secretary \nissues a statement under paragraph (3) that a proposed action is likely \nto jeopardize the continued existence of a species included in a list \nunder section 4(c), any person may submit to the Secretary a written \nrequest for an independent scientific review of the scientific \ninformation used in making such statement and any reasonable and \nprudent measures the Secretary proposes in the statement.\n ``(ii) Promptly after receiving such a request, the Secretary shall \nappoint and convene an independent review board to conduct such an \nindependent scientific review.\n ``(B) Within 90 days after the date the Secretary convenes the \nindependent review board, the board shall provide to the Secretary its \nfindings regarding the following:\n ``(I) The sufficiency of all relevant scientific \n information and assumptions in such statement relating to the \n taxonomy, population models, and supportive biological and \n ecological information regarding the species that is the \n subject of the statement.\n ``(II) Whether the methodology and analysis supporting the \n statement meet the standards of the academic and scientific \n community.\n ``(III) Whether the statement is supported by clear and \n convincing evidence.\n ``(IV) Whether the review board concurs in the statement.\n ``(C) The Secretary shall--\n ``(i) publish in the Federal Register each finding by an \n independent review board under subparagraph (A) or (B);\n ``(ii) post each such finding on the Internet website of \n the United States Fish and Wildlife Service; and\n ``(iii) otherwise make each such finding available to the \n public.\n ``(D) If an independent review board finds under subparagraph (B) \nthat it does not concur in the statement of the Secretary, the \nSecretary shall--\n ``(i) revoke the statement; or\n ``(ii) publish in the Federal Register an explanation of \n why the finding of the review board is incorrect, with clear \n and convincing evidence supporting such explanation.\n ``(E) The Secretary shall--\n ``(i) maintain a list of individuals who are available to \n participate on independent review boards under this paragraph;\n ``(ii) seek nominations of individuals to participate on \n such boards (upon appointment by the Secretary), through the \n Federal Register, scientific and commercial journals, and the \n National Academy of Sciences and other such institutions; and\n ``(iii) update such list every two years.\n ``(F)(i) An independent review board under subparagraph (A) shall \nbe composed of 5 members, of which--\n ``(I) 3 shall be appointed by the Secretary from the list \n under subparagraph (E); and\n ``(II) 2 shall be appointed by the Secretary from among \n qualified individuals nominated by the Governor of a State in \n which the species concerned is located.\n ``(ii) If any individual declines appointment to an independent \nreview board under this paragraph, the Secretary shall appoint another \nindividual in the same manner.\n ``(iii) The selection of the members, and activities, of \nindependent review boards under this paragraph is not subject to the \nFederal Advisory Committee Act (5 U.S.C. App.).\n ``(iv) The identities of the members of independent review boards \nunder this paragraph shall not be made public.\n ``(v) The Secretary shall provide compensation to an individual for \nservice as a member of an independent review board under this \nparagraph, at a rate equal to not to exceed the daily equivalent of the \nmaximum annual rate of basic pay for grade GS-12 of the General \nSchedule level for each day (including travel time) during which the \nindividual is engaged in the actual performance of duties as a member \nof such board.\n ``(vi) In this subparagraph, the term `qualified individual' means \nan individual with expertise in the biological sciences--\n ``(I) who is by virtue of advanced education, training, or \n avocational, academic, commercial, research, or other \n experience competent to review the adequacy of any scientific \n methodology supporting a statement by the Secretary and the \n validity of any conclusions drawn from data used to support the \n statement;\n ``(II) who is not a participant in any petition or proposed \n or final determination before the Secretary;\n ``(III) who is not, and has not been, employed by or under \n contract to the Secretary or the State in which is located the \n species that is the subject of an independent scientific review \n in which the individual participates, for work related to a \n statement or species under consideration in such review; and\n ``(V) who has no direct financial interest, and is not \n employed by any person with a direct financial interest, in any \n statement under consideration in such review.''.\n ``(G) The Secretary shall publish, with any final regulation \nimplementing an action with respect to which an independent scientific \nreview board is required under this paragraph to be convened, a summary \nof the report of the independent review board, noting points of \ndisagreement between the reviewers, if any, and the response of the \nSecretary to the report.\n ``(H) The report of each independent scientific review board \nrequired under this paragraph shall be included in the official record \nof any regulation with respect to which the board is convened and shall \nbe available for public review 30 days before the close of the period \nfor comment on the regulation.''.\n (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. \n1533(b)(3)) is further amended by adding at the end the following:\n ``(G) If the Secretary determines pursuant to a petition that \naddition of a species to either of the lists under subsection (c) is \nnot warranted, another petition regarding that species may not be \nconsidered by the Secretary for one year.''.","summary":"Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats, (2) a bibliography of scientific literature on the species. And (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed. Requires the Secretary to make specified notifications after receiving such a petition. Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions. Limits re-petitions for adding to such lists.","title":"To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to use the best sound science available in implementing the Endangered Species Act.","text_len":17070,"sum_len":967} {"bill_id":"111_s4026","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Minority Business Development \nImprovements Act of 2010''.\n\nSEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.\n\n The Director of the Minority Business Development Agency shall \nestablish the Minority Business Development Program (in this Act \nreferred to as the ``Program'') to assist qualified minority \nbusinesses. The Program shall provide to such businesses the following:\n (1) Technical assistance.\n (2) Contract procurement assistance.\n\nSEC. 3. QUALIFIED MINORITY BUSINESS.\n\n (a) Certification.--For purposes of the Program, the Director may \ncertify as a qualified minority business any entity that satisfies each \nof the following:\n (1) Not less than 51 percent of the entity is directly and \n unconditionally owned or controlled by historically \n disadvantaged individuals.\n (2) Each officer or other individual who exercises control \n over the regular operations of the entity is a historically \n disadvantaged individual.\n (3) The net worth of each principal of the entity is not \n greater than $2,000,000. (The equity of a disadvantaged owner \n in a primary personal residence shall be considered in this \n calculation.)\n (4) The principal place of business of the entity is in the \n United States.\n (5) Each principal of the entity maintains good character \n in the determination of the Director.\n (6) The entity engages in competitive and bona fide \n commercial business operations in not less than one sector of \n industry that has a North American Industry Classification \n System code.\n (7) The entity submits reports to the Director at such \n time, in such form, and containing such information as the \n Director may require.\n (8) Any additional requirements that the Director \n determines appropriate.\n (b) Term of Certification.--A certification under this section \nshall be for a term of 5 years and may not be renewed.\n\nSEC. 4. TECHNICAL ASSISTANCE.\n\n (a) In General.--In carrying out the Program, the Director may \nprovide to qualified minority businesses technical assistance with \nregard to the following:\n (1) Writing business plans.\n (2) Marketing.\n (3) Management.\n (4) Securing sufficient financing for business operations.\n (b) Contract Authority.--The Director may enter into agreements \nwith persons to provide technical assistance under this section.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated $200,000,000 to the Director to carry out this section. \nSuch sums shall remain available until expended.\n\nSEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.\n\n (a) In General.--The Director may enter into agreements with the \nUnited States Government and any department, agency, or officer thereof \nhaving procurement powers for purposes of providing for the fulfillment \nof procurement contracts and providing opportunities for qualified \nminority businesses with regard to such contracts.\n (b) Qualifications on Participation.--The Director shall by rule \nestablish requirements for participation under this section by a \nqualified minority business in a contract.\n (c) Annual Limit on Number of Contracts Per Qualified Minority \nBusiness.--A qualified minority business may not participate under this \nsection in contracts in an amount that exceeds $10,000,000 for goods \nand services each fiscal year.\n (d) Limits on Contract Amounts.--\n (1) Goods and services.--Except as provided in paragraph \n (2), a contract for goods and services under this section may \n not exceed $6,000,000.\n (2) Manufacturing and construction.--A contract for \n manufacturing and construction services under this section may \n not exceed $10,000,000.\n\nSEC. 6. TERMINATION FROM THE PROGRAM.\n\n The Director may terminate a qualified minority business from the \nProgram for any violation of a requirement of sections 3 through 5 of \nthis Act by that qualified minority business, including the following:\n (1) Conduct by a principal of the qualified minority \n business that indicates a lack of business integrity.\n (2) Willful failure to comply with applicable labor \n standards and obligations.\n (3) Consistent failure to tender adequate performance with \n regard to contracts under the Program.\n (4) Failure to obtain and maintain relevant certifications.\n (5) Failure to pay outstanding obligations owed to the \n Federal Government.\n\nSEC. 7. REPORTS.\n\n (a) Report of the Director.--Not later than October 1, 2011, and \nannually thereafter, the Director shall submit to the Committee on \nEnergy and Commerce of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate a report \ndescribing the activities of the Director during the preceding year \nwith respect to the Program.\n (b) Report of the Secretary of Commerce.--Not later than October 1, \n2011, and annually thereafter, the Secretary of Commerce shall submit \nto the Committee on Energy and Commerce of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate a report describing the activities the Secretary engaged in \nduring the preceding year to build wealth among historically \ndisadvantaged individuals.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Historically disadvantaged individual.--The term \n ``historically disadvantaged individual'' means any individual \n who is a member of a group that is designated as eligible to \n receive assistance under section 1400.1 of title 15, Code of \n Federal Regulations, as in effect on January 1, 2009.\n (2) Principal.--The term ``principal'' means any person \n that the Director determines exercises significant control over \n the regular operations of a business entity.","summary":"Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51 of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals. And (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances.","title":"A bill to establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance and contracting opportunities, and for other purposes.","text_len":6159,"sum_len":1013} {"bill_id":"106_s2902","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Broadband Internet Regulatory Relief \nAct of 2000''.\n\nSEC. 2. REGULATION OF ADVANCED SERVICE\n\n (a) In General.--Part II of title II of the Communications Act of \n1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof \nthe following:\n\n``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE \n CARRIERS.\n\n ``(a) In General.--Notwithstanding section 2(b) of this Act, or any \nother provision of law, an incumbent local exchange carrier shall not \nbe subject to the requirements of--\n ``(1) section 251(c)(1), (c)(2), or (c)(5) with respect to \n the duty to provide, for the facilities and equipment of any \n requesting telecommunications carrier, interconnection with or \n notice of changes regarding any packet-based functionality of \n the local exchange carrier's network;\n ``(2) section 251(c)(1) or (c)(3) with respect to any \n network element that consists of or is created by a packet-\n switched or successor technology;\n ``(3) section 251(c)(1) or (c)(4) with respect to the \n provision of any advanced service;\n ``(4) section 251(c)(1) or (c)(6) with respect to any \n premises or structure used solely for network elements \n described in paragraph (2) of this subsection; or\n ``(5) section 251(c)(1), (c)(2)(3), or (c)(5) with respect \n to any optical fiber in the incumbent's distribution network \n that is used exclusively to provide telecommunications service \n to residential subscribers; and\n ``(i) that is or was either--\n ``(I) deployed where previously no outside \n telephone distribution plant existed;\n ``(II) deployed as a replacement for any \n outside telephone distribution plant; or\n ``(III) deployed from a remote terminal to \n a customer premises; and\n ``(ii) where the facilities are capable of \n providing telephone exchange service, 10 Base T Data \n (or its equivalent), and VHS-quality video, or are \n capable of providing all of these services through the \n upgrade of electronics.\nNothing in this subsection shall preclude the Commission or a State \nfrom requiring that an incumbent local exchange carrier provide an \nexisting copper loop to a local exchange carrier upon request.\n ``(b) Buildout Requirements.--\n ``(1) An incumbent local exchange carrier or affiliate \n shall--\n ``(A) make available advanced service to 80 percent \n of its telephone exchange service customers in a State \n within 3 years of the date of enactment of the \n Broadband Internet Regulatory Relief Act of 2000 where \n such services can be provided using an industry-\n approved standard and existing loop facilities; and\n ``(B) make available advanced service to 100 \n percent of its telephone exchange service customers in \n a State within 5 years of that date within 30 days of a \n bona fide request by any such customer where such \n services can be provided using an industry-approved \n standard and existing loop facilities.\n ``(2) An incumbent local exchange carrier that satisfies \n the requirements of paragraph (1), within the time frames set \n forth therein, shall continue to receive all regulatory relief \n provided by subsections (a) and (c) for any service or \n combination of services that consists of, or includes, the \n offering of a capability to transmit information using a \n packet-switched or successor technology downstream from a \n provider to a consumer and upstream from a consumer to a \n provider at a rated speed of 128 kilobits per second or more \n where advanced service cannot be provided using an industry-\napproved standard and existing loop facilities.\n ``(3) If an incumbent local exchange carrier fails to \n comply with paragraph (1) within the time frames set forth \n there, the regulatory relief provided by those subsections \n shall not apply to it.\n ``(c) Pricing Flexibility.--\n ``(1) Competition for advanced service.--Except as provided \n in this section, section 251, section 254, section 271, and \n section 272, no advanced service offered by an incumbent local \n exchange carrier nor the facilities used to provide such \n service shall be subject to common carrier regulation by the \n Commission or any State in any exchange where advanced service \n is being provided by an unaffiliated advanced service provider.\n ``(2) Petition.--An incumbent local exchange carrier \n seeking pricing flexibility under paragraph (1) may file a \n petition with the Commission seeking such relief. A petition \n under this paragraph is deemed to have been approved if the \n Commission does not act on it within 30 days after it is filed.\n ``(3) Unconditional relief.--If the Commission determines \n under paragraph (1) that advanced service is being offered by \n an unaffiliated provider in the manner described in that \n paragraph, the Commission shall approve the petition of the \n incumbent local exchange carrier unconditionally.\n ``(4) Advanced service outside an incumbent's territory.--\n The rates, terms, and conditions of advanced service offered by \n an incumbent local exchange carrier or its affiliate are not \n subject to Federal or State regulation in any geographic area \n in which that carrier, its successor, or assigns was not the \n local incumbent exchange carrier on February 8, 1996.\n ``(5) Schedule of charges.--For any advanced service that \n has not been determined by the Commission to be subject to \n competition under paragraph (1), the incumbent local exchange \n carrier furnishing such advanced service shall file with the \n Commission a schedule of charges and practices for such \n advanced service in a manner prescribed by the Commission under \n section 203. Any such schedule of charges and practices shall \n be deemed lawful and shall be effective 2 days after the date \n on which it was filed with the Commission unless the Commission \n takes action under section 204(a)(1) before the end of that 2-\n day period.\n ``(d) Noncompliance With Loop Provisioning and Collocation Rules.--\n ``(1) State determination.--Except as provided in paragraph \n (2), subsections (a) and (c) shall cease to apply to an \n incumbent local exchange carrier after the date on which a \n State makes a final determination based on clear and convincing \n evidence, in response to a complaint filed by another local \n exchange carrier, that the incumbent local exchange carrier has \n materially failed to comply with the rules of the Commission \n with respect to collocation or the rules of the Commission or \n the State with respect to loop provisioning. The burden of \n proof shall be on the complainant.\n ``(2) Reinstatement.--\n ``(A) In general.--An incumbent local exchange \n carrier to which subsections (a) and (c) have ceased to \n apply because of a determination by a State under \n paragraph (1) may petition the State for a \n reinstatement of the application of those subsections.\n ``(B) Determination required.--If the State that \n made the determination described in paragraph (1) \n subsequently makes a final determination that the \n carrier has complied fully with the rule with which the \n carrier was found, under paragraph (1), not to have \n complied, then the application of subsections (a) and \n (c) to that incumbent local exchange carrier shall be \n reinstated as of the date of that subsequent final \n determination.\n ``(C) Determination deemed affirmative if state \n fails to act within 90 days.--For purposes of \n subparagraph (B), a State that fails to make a \n determination on a petition filed under subparagraph \n (A) within 90 days shall be deemed to have made a \n determination that the carrier is in full compliance \n with the rules of the Commission with respect to \n collocation and the rules of the Commission and the \n State with respect to loop provisioning.\n ``(e) Remote Terminals.--\n ``(1) An incumbent local exchange carrier using equipment \n located in a remote terminal to provide advanced services shall \n have the duty to provide to any requesting telecommunications \n carrier--\n ``(A) access to subloop elements at such remote \n terminal for the provision of advanced services; and\n ``(B) access to rights of way consistent with \n section 251(b)(4).\n ``(2) Collocation not required.--Nothing in paragraph (1), \n any other provision of this Act, nor any other provision of law \n shall require an incumbent local exchange carrier to provide \n collocation at a remote terminal to any person.\n ``(f) Definitions.--For purposes of this section--\n ``(1) the term `incumbent local exchange carrier' has the \n meaning given to that term by section 251(h);\n ``(2) the term `customer premises' means the customer's \n physical property or adjacent easement; and\n ``(3) the term `remote terminal' means the point in the \n incumbent local exchange carrier's network where the electronic \n capability to provide advanced service is deployed and where \n such carrier provides subloop unbundling.''.\n\nSEC. 3. AMENDMENTS.\n\n (a) Section 251(b) of the Communications Act of 1934 (47 U.S.C. \n251(b)) is amended by adding at the end thereof the following:\n``Notwithstanding paragraph (5), after the date of enactment of the \nBroadband Internet Regulatory Relief Act of 2000, no local exchange \ncarrier shall be required to make any payment for the transport, \ndelivery, or termination of telecommunications to, or \ntelecommunications that connects to, the Internet or any Internet \nservice provider. The transport, delivery, or termination of \ntelecommunications to, or telecommunications that connects to, the \nInternet or any Internet service provider is hereby deemed to be an \ninterstate communication and subject to the exclusive jurisdiction of \nthe Commission. The provisions of this subsection following paragraph \n(5) do not alter the terms of any interconnection agreement in effect \non May 10, 2000, during the existing term of any such agreement. \nNeither section 252(i) nor any other legal or regulatory requirement \nshall require any local exchange carrier to make available to any other \ntelecommunications carrier an interconnection arrangement under this \nsubsection that is in an agreement that is in effect on or after May \n10, 2000. For the purposes of this subsection, the term `existing term' \nmeans the initial period of any interconnection agreement and does not \ninclude any period provided for negotiation or any extension of the \ninitial period.''.\n (b) Section 251(c)(3) of that Act (47 U.S.C. 251(c)(3)) is amended \nby adding at the end thereof the following: ``An incumbent local \nexchange carrier shall not be required to provide network elements on \nan unbundled basis unless those elements are to be used predominantly \nto provide telephone exchange service.''.\n (c) Section 251(f) of that Act (47 U.S.C. 251(f)) is amended by \nadding at the end thereof the following:\n ``(3) Exemption for advanced services.--Neither section \n 251(c) nor any other common carrier regulation shall apply to \n any local exchange carrier with fewer than 2 percent of the \n nation's subscriber lines installed in the aggregate with \n respect to its provision of advanced services. Any such carrier \n may at its option continue to file tariffs for any advanced \n service and may also continue to participate in any National \n Exchange Carrier Association pooling arrangement.''.\n\nSEC. 4. DEFINITIONS.\n\n (a) In General.--Section 3 of the Communications Act of 1934 (47 \nU.S.C. 153) is amended by--\n (1) redesignating paragraphs (1) through (51) as paragraphs \n (3) through (53), respectively; and\n (2) inserting before paragraph (3), as redesignated, the \n following:\n ``(1) Advanced service.--The term `advanced service' means \n any service or combination of services that consists of, or \n includes, the offering of a capability to transmit information \n using a packet-switched or successor technology downstream from \n a provider to a consumer at a rated speed of 200 kilobits per \n second or more and upstream from a consumer to a provider at a \n rated speed of 128 kilobits per second or more for access to \n other services, to the Internet or other information or data \n services, or to private network or data facilities.\n ``(2) Advanced service provider.--The term `advanced \n service provider' means any provider of advanced services.''.\n (b) Conforming Amendment.--Section 271(c)(1)(A) of the \nCommunications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by \nstriking ``3(47)(A),'' and inserting ``3(50)(A),''.","summary":"Requires such carrier to make advanced service available: (1) to 80 percent of its customers in a State within three years after enactment of this Act, where such services can be provided using an industry-approved standard and existing loop facilities. And (2) within five years of such date, upon request of any customer. Allows carriers that meet such time limits to continue to receive the regulatory relief provided under this Act, while discontinuing such relief for failure to do so. Prohibits advanced service offered by such carriers from being subject to common carrier regulation by the FCC or a State in any exchange where advanced service is being provided by an unaffiliated advanced service provider. Allows for a petition to the FCC for such regulatory relief. Prohibits Federal or State regulation in any geographic area in which the carrier was not the local incumbent exchange carrier on February 8, 1996. States that, for services not found to be subject to unaffiliated competition, the carrier furnishing advanced service must file with the FCC a schedule of charges and practices. Discontinues the regulatory relief provided under this Act for a carrier for which a State makes a final determination of failure to comply with FCC or State rules concerning collocation or loop provisioning . Requires carriers using equipment located in a remote terminal to provide to any requesting telecommunications carrier access to subloop elements at such terminal for the provision of advanced services and rights-of- way for such purposes. Mandates that no carrier shall be required to: (1) make any payment for the transport, delivery, or termination of telecommunications to the Internet or any Internet service provider. Or (2) provide network elements on an unbundled basis unless those elements are to be used predominately to provide telephone exchange service.","title":"Broadband Internet Regulatory Relief Act of 2000","text_len":14216,"sum_len":1881} {"bill_id":"111_hr1012","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Guantanamo Bay Detention Facility \nSafe Closure Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Since the United States began its Global War on \n Terrorism, terrorists have been captured by the United States \n and their allies and detained in facilities at Guantanamo Bay \n Detention Facility (GTMO), Cuba.\n (2) The detainee complex at Guantanamo Bay, Cuba, is the \n only complex in the world that can safely and humanely hold \n individuals that pose a high-security risk to the United \n States. It is a secure location away from population centers, \n provides maximum security required to prevent escape, provides \n multiple levels of confinement opportunities based on \n compliance of the detainee, and provides medical care not \n available to a majority of the population of the world.\n (3) GTMO is the single greatest repository of human \n intelligence in the war on terror. This intelligence has \n prevented terrorist attacks and saved lives in the past and \n continues to do so today.\n (4) New intelligence being collected from detainees at GTMO \n is being used to fight terrorists in Iraq, Afghanistan, and \n around the globe.\n (5) Intelligence information obtained from questioning \n detainees includes--\n (A) the organizational structure of al-Qaida and \n other terrorist groups;\n (B) the extent of terrorist presence in Europe, the \n United States, and the Middle East;\n (C) al-Qaida's pursuit of weapons of mass \n destruction;\n (D) methods of recruitment and locations of \n recruitment centers;\n (E) terrorist skill sets, including general and \n specialized operative training; and\n (F) how legitimate financial activities are used to \n hide terrorist operations.\n (6) The Expeditionary Legal Complex (ELC) located at GTMO \n is the only one of its kind in the world. It provides a secure \n location to secure and try detainees charged by the United \n States Government, full access to sensitive and classified \n information, full access to defense lawyers and prosecution, \n and full media access by the press.\n (7) There are on average two lawyers for every detainee \n that has been charged or had charges preferred against them at \n GTMO.\n (8) There are 127 doctors, nurses, and medical technicians \n dedicated to caring for and maintaining the health of each \n detainee--a ratio of 1:2 (one health care professional for \n every two detainees).\n (9) GTMO is operated by the Department of Defense and only \n interrogation techniques approved by the Secretary of Defense \n have been used.\n (10) Detainees are being treated humanely.\n (11) There are no solitary confinement facilities at \n Guantanamo.\n (12) Water boarding has never occurred at GTMO.\n (13) Current treatment and oversight exceed any maximum-\n security prison in the world.\n (14) Since 2002, more than 520 detainees have departed \n Guantanamo for other countries, including Albania, Afghanistan, \n Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, \n France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, \n Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, \n Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United \n Kingdom, and Yemen.\n (15) There are approximately 245 detainees from over 30 \n countries remaining at GTMO. These detainees include terrorist \n trainers, terrorist financiers, bomb makers, Osama bin Laden \n bodyguards, recruiters and facilitators, and would-be suicide \n bombers. Detainees remaining at GTMO fall into three \n categories:\n (A) Detainees who have been cleared for release but \n the United States has not been able to find a foreign \n country willing to accept them.\n (B) Detainees who have been tried, had charges \n referred to trial, or are awaiting for referral to \n trial.\n (C) Detainees who are either of high threat to the \n United States or are from countries where the United \n States is unable to get sufficient assurances that the \n country will mitigate their threat if transferred.\n (16) The Pentagon claims that 61 of released GTMO detainees \n have ``returned to the fight''.\n (17) Said Ali al-Shihri, suspected of involvement in the \n bombing of the United States Embassy in Yemen on 17 September \n 2008, was released to Saudi Arabia in 2007, passed through a \n Saudi rehabilitation program, and has resurfaced as the new \n deputy leader of al-Qaida in Yemen.\n (18) In 2007, the Senate passed a resolution, 94-3, \n stating, ``detainees housed at Guantanamo should not be \n released into American society, nor should they be transferred \n stateside into facilities in American communities and \n neighborhoods.''.\n (19) On January 20, 2009, President Obama instructed \n military prosecutors to seek a 120-day suspension of legal \n proceedings at GTMO or what administration officials called ``a \n continuance of the proceedings''.\n (20) On January 22, 2009, President Obama ordered the \n closing of the GTMO prisons within a year.\n (21) The United States is still in a global war on terror, \n engaged in armed conflict with terrorist organizations, and \n will, in all probability, continue to capture terrorists who \n will be detained in a facility.\n (22) If the detention facility at GTMO is closed, some \n United States domestic or overseas prison will have to house \n these detainees while they await disposition.\n\nSEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED AT \n GUANTANAMO BAY, CUBA, TO THE UNITED STATES, OR TO \n COORDINATE WITH OTHER DEPARTMENTS OR AGENCIES FOR SUCH \n TRANSFER.\n\n None of the funds appropriated or otherwise made available to the \nDepartment of Defense may be used--\n (1) to transfer any enemy combatant detained by the United \n States at Naval Station, Guantanamo Bay, Cuba, to the United \n States; or\n (2) to coordinate with any other department or agency for \n the purposes of transferring of any such enemy combatant to the \n United States.\n\nSEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DEPARTMENT OF DEFENSE \n FACILITIES TO HOUSE ENEMY COMBATANTS.\n\n The Secretary of Defense may not use or authorize the use of any \nfacility that is closed through a base closure process for housing any \nenemy combatant who, as of the date of the enactment of this Act, is \ndetained by the United States at Naval Station, Guantanamo Bay, Cuba.\n\nSEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, MODIFYING, OR OTHERWISE \n ENHANCING ANY FACILITY IN THE UNITED STATES OR ITS \n TERRITORIES FOR THE PURPOSE OF HOUSING ANY DETAINEE \n CURRENTLY OR PREVIOUSLY HOUSED AT GUANTANAMO.\n\n The Secretary of Defense may not construct, improve, modify, or \notherwise enhance any facility in the United States or its territories \nfor the purpose of housing any enemy combatant who, as of the date of \nthe enactment of this Act, is detained by the United States at Naval \nStation, Guantanamo Bay, Cuba, or who has ever been so detained.","summary":"Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States. Or (2) coordinate with any other department or agency to transfer any such individual to the United States. Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual. Or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.","title":"To prohibit the use of funds available to the Department of Defense to transfer enemy combatants detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States, or to construct facilities for such enemy combatants at such locations.","text_len":8067,"sum_len":585} {"bill_id":"113_hr4809","text":"SECTION 1. REAUTHORIZATION.\n Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. \nApp. 2166(a)) is amended--\n (1) by striking ``2014'' and inserting ``2019''; and\n (2) by striking ``on or after the date of enactment of the \n Defense Production Act Reauthorization of 2009''.\nSEC. 2. DEFENSE PRODUCTION ACT COMMITTEE IMPROVEMENTS.\n Section 722 of the Defense Production Act of 1950 (50 U.S.C. App. \n2171) is amended--\n (1) in subsection (a)--\n (A) by striking ``advise the President'' and inserting \n ``coordinate and plan for''; and\n (B) by striking ``the authority'' and inserting ``the \n priorities and allocations authorities'';\n (2) in subsection (b), by amending paragraph (2) to read as \n follows:\n ``(2) The Chairperson of the Committee shall be the head of the \n agency to which the President has delegated primary responsibility \n for government-wide coordination of the authorities in this Act.'';\n (3) by amending subsection (c) to read as follows:\n ``(c) Coordination of Committee Activities.--The Chairperson shall \nappoint one person to coordinate all of the activities of the \nCommittee, and such person shall--\n ``(1) be a full-time employee of the Federal Government;\n ``(2) report to the Chairperson; and\n ``(3) carry out such activities relating to the Committee as \n the Chairperson may determine appropriate.''; and\n (4) in subsection (d)--\n (A) by striking ``Not later than'' and all that follows \n through ``Committee shall submit'' and inserting the following: \n ``The Committee shall issue a report each year by March 31'';\n (B) by striking ``each member of the Committee'' and \n inserting ``the Chairperson'';\n (C) in paragraph (1)--\n (i) by striking ``a review of the authority under this \n Act of'' and inserting ``a description of the contingency \n planning by''; and\n (ii) by inserting before the semicolon the following: \n ``for events that might require the use of the priorities \n and allocations authorities'';\n (D) in paragraph (2), by striking ``authority described in \n paragraph (1)'' and inserting ``priorities and allocations \n authorities in this Act'';\n (E) by amending paragraph (3) to read as follows:\n ``(3) recommendations for legislation actions, as appropriate, \n to support the effective use of the priorities and allocations \n authorities in this Act;'';\n (F) in paragraph (4), by striking ``all aspects of'' and \n all that follows through the end of the paragraph and inserting \n ``the use of the priorities and allocations authorities in this \n Act;''; and\n (G) by adding at the end the following:\n ``(5) up-to-date copies of the rules described under section \n 101(d)(1); and\n ``(6) short attestations signed by each member of the Committee \n stating their concurrence in the report.''.\nSEC. 3. UPDATED RULEMAKING.\n Section 101(d)(1) of the Defense Production Act of 1950 (50 U.S.C. \nApp. 2071(d)(1)) is amended by striking ``not later than'' and all that \nfollows through ``rules'' and inserting the following: ``issue, and \nannually review and update whenever appropriate, final rules''.\nSEC. 4. PRESIDENTIAL DETERMINATION.\n (a) In General.--Section 303(a) of the Defense Production Act of \n1950 (50 U.S.C. App. 2093(a)) is amended--\n (1) in paragraph (5)--\n (A) by striking ``determines'' and inserting the following: \n ``, on a non-delegable basis, determines, with appropriate \n explanatory material and in writing,'';\n (B) in subparagraph (A), by striking ``and'' at the end;\n (C) in subparagraph (B), by striking the period and \n inserting ``; and''; and\n (D) by adding at the end the following:\n ``(C) purchases, purchase commitments, or other action \n pursuant to this section are the most cost effective, \n expedient, and practical alternative method for meeting the \n need.''; and\n (2) in paragraph (6), by adding at the end the following:\n ``(C) Limitation.--If the taking of any action or actions \n under this section to correct an industrial resource shortfall \n would cause the aggregate outstanding amount of all such \n actions for such industrial resource shortfall to exceed \n $50,000,000, no such action or actions may be taken, unless \n such action or actions are authorized to exceed such amount by \n an Act of Congress.''.\n (b) Exception.--Section 303(a)(6)(C) of the Defense Production Act \nof 1950, as added by subsection (a)(2), shall not apply to a project \nundertaken pursuant to a determination made before the date of the \nenactment of this Act.\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. \n2161) is amended--\n (1) by striking ``are hereby authorized to be appropriated such \n sums as may be necessary and appropriate'' and inserting `` is \n authorized to be appropriated $133,000,000 for fiscal year 2015 and \n each fiscal year thereafter''; and\n (2) by striking the second and third sentences.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the House on July 29, 2014. Reauthorizes provisions of the Defense Production Act of 1950 through September 30, 2019. Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan according to specified priorities and allocation authorities. (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities. And (3) require the Chairperson to appoint a coordinator of Committee activities . Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions. Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate. Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense. (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need. And (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million. Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act. Authorizes specified appropriations.","title":"To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.","text_len":5640,"sum_len":2275} {"bill_id":"103_hr2580","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Facilities Clean Water \nCompliance Act of 1993''.\n\nSEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.\n\n Section 313(a) of the Federal Water Pollution Control Act (33 \nU.S.C. 1323(a)) is amended by striking the third sentence and all that \nfollows through the period at the end of the last sentence and \ninserting the following: ``The Federal, State, interstate, and local \nsubstantive and procedural requirements, administrative authority, and \nprocess and sanctions referred to in this subsection include, but are \nnot limited to, all administrative orders and all civil and \nadministrative penalties and fines, regardless of whether such \npenalties or fines are punitive or coercive in nature or are imposed \nfor isolated, intermittent, or continuing violations. The United States \nhereby expressly waives any immunity otherwise applicable to the United \nStates with respect to any such requirement, administrative authority, \nand process and sanctions (including, but not limited to, any \ninjunctive relief, administrative order or civil or administrative \npenalty or fine referred to in the preceding sentence, or reasonable \nservice charge). The reasonable service charges referred to in this \nsubsection include, but are not limited to, fees or charges assessed in \nconnection with the processing and issuance of permits, renewal of \npermits, amendments to permits, review of plans, studies, and other \ndocuments, and inspection and monitoring of facilities, as well as any \nother nondiscriminatory charges that are assessed in connection with a \nFederal, State, interstate, or local water pollution regulatory \nprogram. No agent, employee, or officer of the United States shall be \npersonally liable for any civil penalty under any Federal, State, \ninterstate, or local water pollution law with respect to any act or \nomission within the scope of the official duties of the agent, \nemployee, or officer. An agent, employee, or officer of the United \nStates shall be subject to any criminal sanction (including, but not \nlimited to, any fine or imprisonment) under any Federal or State water \npollution law, but no department, agency, or instrumentality of the \nexecutive, legislative, or judicial branch of the Federal Government \nshall be subject to any such sanction.''.\n\nSEC. 3. FEDERAL FACILITY ENFORCEMENT.\n\n Section 309 of the Federal Water Pollution Control Act (33 U.S.C. \n1319) is amended by adding at the end the following:\n ``(h) Federal Facility Enforcement.--\n ``(1) Compliance orders.--\n ``(A) In general.--Whenever on the basis of any \n information available to him--\n ``(i) the Administrator determines that any \n department, agency, or instrumentality of the \n United States has violated or is in violation \n of section 301, 302, 306, 307, 308, 311, 318, \n or 405 of this Act, or has violated or is in \n violation of any permit condition or limitation \n implementing any such section in a permit \n issued under section 402 of this Act by the \n Administrator or by a State, or in a permit \n issued under section 404 of this Act by a \n State, or any requirement imposed in a \n pretreatment program approved under section \n 402(a)(3) or 402(b)(8) of this Act;\n ``(ii) the Secretary of the Army determines \n that any department, agency, or instrumentality \n of the United States has violated or is in \n violation of any condition or limitation in a \n permit issued under section 404 of this Act;\n ``(iii) the Secretary of the department in \n which the Coast Guard is operating determines \n that any department, agency, or instrumentality \n of the United States has violated any provision \n of section 311 of this Act or any of its \n implementing regulations;\n the Administrator or Secretary, as applicable, may \n propose an order to assess a civil penalty for any past \n or current violation or require compliance immediately \n or within a specified time period, or both.\n ``(B) Required terms.--Any order issued under this \n subsection --\n ``(i) by the Administrator may include a \n suspension or revocation of any permit issued \n by the Administrator or a State under sections \n 402 and 404 of this Act; and\n ``(ii) by the Secretary of the Army may \n include a suspension or revocation of any \n permit issued by the Secretary of the Army or a \n State under section 404 of this Act; and\n shall state with reasonable specificity the nature of the \n violation. Any penalty assessed in the order shall not exceed \n $25,000 per day for each violation.\n ``(2) Public hearing.--Any order under this section shall \n become final unless, not later than 30 days after the order is \n served, a Federal department, agency, or instrumentality of the \n United States named therein requests a public hearing. Upon \n such request, the Administrator or Secretary, as applicable, \n shall promptly conduct a public hearing. Such public hearing \n shall be conducted in accordance with section 554 of title 5, \n United States Code. In connection with any proceeding under \n this subsection, the Administrator or Secretary may issue \n subpoenas for the attendance and testimony of witnesses and the \n production of relevant papers, books, and documents and may \n promulgate rules for discovery procedures.\n ``(3) Violation of compliance orders.--If a violator fails \n to take corrective action within the time specified in an order \n issued under paragraph (1)--\n ``(A) the Administrator or Secretary, as \n applicable, may assess a civil penalty of not more than \n $25,000 for each day of continued noncompliance with \n the order; and\n ``(B)(i) the Administrator may suspend or revoke \n any permit issued pursuant to section 402 or 404 of \n this Act which is the subject of the order, whether \n issued by the Administrator or the State; and\n ``(ii) the Secretary of the Army may suspend or \n revoke any permit issued pursuant to section 404 of \n this Act, whether issued by the Secretary of the Army \n or a State.\n ``(4) Determination of amount of penalty.--In determining \n the amount of any penalty assessed under this subsection, the \n Administrator or Secretary, as the case may be, shall consider \n the seriousness of each violation or violations, the violator's \n economic benefit or savings (if any) resulting from each \n violation, any history of prior violations, any good-faith \n efforts to avoid noncompliance or to comply with the applicable \n requirements, the violator's ability to pay the penalty, and \n such other matters in mitigation and aggravation as justice may \n require.\n ``(5) Limitation on actions and right of intervention.--Any \n violation with respect to which the Administrator or the \n Secretary, as applicable, has commenced and is diligently \n prosecuting an action under this subsection, or for which the \n Administrator or the Secretary has issued a final order and the \n violator has paid a penalty assessed under this subsection, \n shall not be the subject of a civil enforcement action under \n section 505 of this Act. In any action under this subsection, \n any citizen may intervene as a matter of right.\n ``(6) Penalty fund.--Penalties received under this \n subsection shall be deposited into a special fund in the United \n States Treasury for licensing and other services. Amounts in \n the fund are authorized to be appropriated and shall remain \n available until expended for allocation by the Administrator to \n finance water remediation and other restorative and preventive \n projects at Federal facilities. The Administrator shall \n annually report to Congress about the sums deposited into the \n fund, the sources thereof, and the allocations thereof.''.\n\nSEC. 4. DEFINITION OF PERSON.\n\n (a) General Definitions.--Section 502(5) of the Federal Water \nPollution Control Act (33 U.S.C. 1362(5)) is amended by inserting \nbefore the period at the end the following: ``and includes any \ndepartment, agency, or instrumentality of the United States''.\n (b) Oil and Hazardous Substance Liability Program.--Section \n311(a)(7)) of such Act (33 U.S.C. 1321(a)(7) is amended by inserting \nbefore the semicolon at the end the following: ``and any department, \nagency, or instrumentality of the United States''.\n\nSEC. 5. DEFINITION OF RADIOACTIVE MATERIAL.\n\n Section 502 of the Federal Water Pollution Control Act (33 U.S.C. \n1362) is amended by adding at the end the following:\n ``(21) The term `radioactive materials' includes source materials, \nspecial nuclear materials, and byproduct materials (as such terms are \ndefined under the Atomic Energy Act of 1954) which are used, produced, \nor managed at facilities not licensed by the Nuclear Regulatory \nCommission.''.","summary":"Federal Facilities Clean Water Compliance Act of 1993 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. Includes Federal agencies within the definition of person for purposes of such Act.","title":"Federal Facilities Clean Water Compliance Act of 1993","text_len":10133,"sum_len":1114} {"bill_id":"107_s3142","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Prescription Drug Discount Act \nof 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) More than 70,000,000 Americans, including more than \n 18,000,000 Medicare beneficiaries, are uninsured or \n underinsured for prescription drug coverage.\n (2) High prescription drug prices are denying uninsured and \n underinsured Americans access to medically necessary care, \n thereby threatening their health and safety. Many of these \n Americans require repeated doctor or medical clinic \n appointments, becoming sicker because they cannot afford to \n take the drugs prescribed for them. Many are admitted to or \n treated at hospitals because they cannot afford the drugs \n prescribed for them that could have prevented the need for \n hospitalization. Many enter expensive institutional care \n settings because they cannot afford the prescription drugs that \n could have supported them outside of an institution. In each of \n these circumstances, uninsured and underinsured residents too \n often become medicaid recipients because of their inability to \n afford prescription drugs.\n (3) Pursuant to the Social Security Act, State medicaid \n programs receive discounts in the form of rebates for \n outpatient prescription drugs. On average, these rebates \n provide discounts of more than 40 percent off retail prices.\n (4) In 49 States, individual Americans do not have access \n to medicaid rebates. But in 1 State, since June 1, 2001, over \n 100,000 Americans have received discounts from those rebates \n through the ``Healthy Maine'' program. This program, \n established as a demonstration project pursuant to a waiver \n from the Secretary of Health and Human Services has proven to \n work. Americans need that program replicated in every State, \n immediately.\n (5) The Federal and State governments are the only agents \n that, as a practical matter, can play an effective role as a \n market participant on behalf of Americans who are uninsured or \n underinsured.\n\nSEC. 3. STATE PRESCRIPTION DISCOUNT PROGRAM.\n\n (a) In General.--Section 1927(a) of the Social Security Act (42 \nU.S.C. 1396r-8(a)) is amended by adding at the end the following:\n ``(7) Requirements relating to agreements for drugs \n procured by individuals through state prescription drug \n discount programs.--\n ``(A) In general.--A manufacturer meets the \n requirements of this paragraph if the manufacturer \n enters into an agreement with the State to make rebate \n payments for drugs covered by a State prescription drug \n discount program in the same amounts as are paid by the \n manufacturer to the State for such drugs under a rebate \n agreement described in subsection (b).\n ``(B) State prescription drug discount program \n defined.--\n ``(i) In general.--In this paragraph, the \n term `State prescription drug discount program' \n means a State program under which, with respect \n to a rebate period, not less than the amount \n equal to 95 percent of all the rebates paid to \n the State under agreements entered into under \n subparagraph (A) during such period is provided \n to eligible State residents in the form of \n discounted prices for the purchase of \n outpatient prescription drugs.\n ``(ii) Eligible state resident.--For \n purposes of clause (i), the term `eligible \n State resident' means an individual who is a \n State resident and--\n ``(I) who is eligible for benefits \n under title XVIII; or\n ``(II) whose income does not exceed \n 300 percent of the income official \n poverty line (as defined by the Office \n of Management and Budget, and revised \n annually in accordance with section \n 673(2) of the Omnibus Budget \n Reconciliation Act of 1981) applicable \n to a family of the size involved.\n ``(iii) Additional subsidies.--Nothing in \n this subparagraph shall be construed as--\n ``(I) requiring a State to expend \n State funds to carry out a State \n prescription drug discount program; or\n ``(II) prohibiting a State from \n electing to contribute State funds to a \n State prescription drug discount \n program to provide greater subsidies to \n eligible State residents for outpatient \n prescription drugs covered under the \n program.\n ``(C) No offset against medical assistance.--\n Amounts received by a State under an agreement entered \n into under subparagraph (A) in any quarter shall not be \n considered to be a reduction in the amount expended \n under the State plan in the quarter for medical \n assistance for purposes of section 1903(a)(1).''.\n (b) Conforming Amendment.--The first sentence of section 1927(a)(1) \nof the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended, by \nstriking ``and paragraph (6)'' and inserting ``, paragraph (6), and \nparagraph (7)''.\n\nSEC. 4. ENHANCED REBATES FOR STATE MEDICAID PROGRAMS.\n\n Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r-\n8(b)(1)(B) is amended--\n (1) by striking ``Amounts'' and inserting the following:\n ``(i) In general.--Except as provided in \n clause (ii) and subsection (a)(7)(C), \n amounts''; and\n (2) by adding at the end the following:\n ``(ii) Enhanced rebate.--In the case of a \n State that has a State prescription drug \n discount program described in subsection (a)(7) \n and that has entered into a rebate agreement \n described in paragraph (1) or (4) of subsection \n (a) that provides a greater rebate for a \n covered outpatient drug than the rebate that \n would be paid for the covered outpatient drug \n under subsection (c), then, notwithstanding \n clause (i), only the amount equal to \\1\/2\\ of \n the difference between the amount received by \n the State in any quarter under such a rebate \n agreement and the amount of the rebate that \n would be paid under subsection (c) for such \n covered outpatient drug shall be considered to \n be a reduction in the amount expended under the \n State plan in the quarter for medical \n assistance for purposes of section \n 1903(a)(1).''.\n\nSEC. 5. EFFECTIVE DATE.\n\n The amendments made by this Act take effect on January 1, 2004.","summary":"State Prescription Drug Discount Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the Medicaid program. And (2) provide for enhanced rebates for State prescription drug discount programs of States with rebate agreements.","title":"A bill to amend title XIX of the Social Security Act to require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the medicaid program, to provide increased rebate payments to State medicaid programs, and for other purposes.","text_len":8099,"sum_len":435} {"bill_id":"106_s1642","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Education for Democracy Act''.\n\nSEC. 2. CIVIC EDUCATION.\n\n Part F of title X of the Elementary and Secondary Education Act of \n1965 (20 U.S.C. 8141 et seq.) is amended to read as follows:\n\n ``PART F--CIVIC EDUCATION\n\n``SEC. 10601. SHORT TITLE.\n\n ``This part may be cited as the `Education for Democracy Act'.\n\n``SEC. 10602. FINDINGS.\n\n ``The Congress finds that--\n ``(1) college freshmen surveyed in 1997 by the Higher \n Education Research Institute at the University of California at \n Los Angeles demonstrated higher levels of disengagement, both \n academically and politically, than any previous entering class \n of students;\n ``(2) college freshmen in 1997 demonstrated the lowest \n levels of political interest in the 20-year history of surveys \n conducted by the Higher Education Research Institute at the \n University of California at Los Angeles;\n ``(3) United States secondary school students expressed \n relatively low levels of interest in politics and economics in \n a 1999 Harris survey;\n ``(4) the 28th Annual Phi Delta Kappa\/Gallup Poll in 1996 \n indicated that American citizens believe that the Nation's \n schools, apart from providing a basic education, had a very \n important role to play in preparing students to be responsible \n citizens;\n ``(5) Americans surveyed by the Organization of Economic \n Cooperation and Development indicated that only 59 percent had \n confidence that schools have a major effect on the development \n of good citizenship;\n ``(6) teachers too often do not have sufficient expertise \n in the subjects that they teach, and half of all secondary \n school history students in America are being taught by teachers \n with neither a major nor a minor in history;\n ``(7) secondary school students correctly answered less \n than half of the questions on a national test of economic \n knowledge in a 1999 Harris survey;\n ``(8) the most recent National Assessment of Educational \n Progress indicated that students have only superficial \n knowledge of, and lacked a depth of understanding regarding, \n civics;\n ``(9) civic and economic education are important not only \n to developing citizenship competencies in the United States but \n also are critical to supporting political stability and \n economic health in other democracies, particularly emerging \n democratic market economies;\n ``(10) international education exchange programs in civic \n and economic education have been shown to enhance both \n educational reform efforts in other democracies and educational \n quality in United States classrooms;\n ``(11) more than three quarters of Americans surveyed by \n the National Constitution Center in 1997 admitted that they \n knew only some or very little about the Constitution of the \n United States; and\n ``(12) the Constitution of the United States is too often \n viewed within the context of history and not as a living \n document that shapes current events.\n\n``SEC. 10603. PURPOSE.\n\n ``It is the purpose of this part--\n ``(1) to improve the quality of civics and government \n education, and to enhance the attainment of the third and sixth \n National Education Goals, by educating students about the \n history and principles of the Constitution of the United \n States, including the Bill of Rights;\n ``(2) to foster civic competence and responsibility; and\n ``(3) to improve the quality of civic education and \n economic education through cooperative civic education and \n economic education exchange programs with other democratic \n nations.\n\n``SEC. 10604. GENERAL AUTHORITY.\n\n ``(a) Grants and Contracts.--\n ``(1) In general.--The Secretary is authorized to award \n grants to or enter into contracts with--\n ``(A) the Center for Civic Education to carry out \n civic education activities under sections 10605 and \n 10606; and\n ``(B) the National Council on Economic Education to \n carry out economic education activities under section \n 10606.\n ``(2) Consultation.--The Secretary shall award the grants \n and contracts under section 10606 in consultation with the \n Secretary of State.\n ``(b) Distribution.--The Secretary shall use not more than 50 \npercent of the amount appropriated under section 10607(b) for each \nfiscal year to carry out economic education activities under section \n10606.\n\n``SEC. 10605. WE THE PEOPLE PROGRAM.\n\n ``(a) The Citizen and the Constitution.--\n ``(1) In general.--The Center for Civic Education shall use \n funds awarded under section 10604(a)(1)(A) to carry out The \n Citizen and the Constitution program in accordance with this \n subsection.\n ``(2) Educational activities.--The Citizen and the \n Constitution program--\n ``(A) shall continue and expand the educational \n activities of the `We the People . . . The Citizen and \n the Constitution' program administered by the Center \n for Civic Education;\n ``(B) shall enhance student attainment of \n challenging content standards in civics and government; \n and\n ``(C) shall provide--\n ``(i) a course of instruction on the basic \n principles of our Nation's constitutional \n democracy and the history of the Constitution \n of the United States and the Bill of Rights;\n ``(ii) at the request of a participating \n school, school and community simulated \n congressional hearings following the course of \n study;\n ``(iii) an annual national competition of \n simulated congressional hearings for secondary \n school students who wish to participate in such \n a program;\n ``(iv) advanced training of teachers about \n the Constitution of the United States and the \n political system the United States created;\n ``(v) materials and methods of instruction, \n including teacher training, that utilize the \n latest advancements in educational technology; \n and\n ``(vi) civic education materials and \n services to address specific problems such as \n the prevention of school violence and the abuse \n of drugs and alcohol.\n ``(3) Availability of program.--The education program \n authorized under this subsection shall be made available to \n public and private elementary schools and secondary schools, \n including Bureau funded schools, in the 435 congressional \n districts, and in the District of Columbia, the Commonwealth of \n Puerto Rico, the United States Virgin Islands, Guam, American \n Samoa, and the Commonwealth of the Northern Mariana Islands.\n ``(b) Project Citizen.--\n ``(1) In general.--The Center for Civic Education shall use \n funds awarded under section 10604(a)(1)(A) to carry out The \n Project Citizen program in accordance with this subsection.\n ``(2) Educational activities.--The Project Citizen \n program--\n ``(A) shall continue and expand the educational \n activities of the `We the People . . . Project Citizen' \n program administered by the Center for Civic Education;\n ``(B) shall enhance student attainment of \n challenging content standards in civics and government; \n and\n ``(C) shall provide--\n ``(i) a course of instruction at the middle \n school level on the roles of State and local \n governments in the Federal system established \n by the Constitution of the United States;\n ``(ii) optional school and community \n simulated State legislative hearings;\n ``(iii) an annual national showcase or \n competition;\n ``(iv) advanced training of teachers on the \n roles of State and local governments in the \n Federal system established by the Constitution \n of the United States;\n ``(v) materials and methods of instruction, \n including teacher training, that utilize the \n latest advancements in educational technology; \n and\n ``(vi) civic education materials and \n services to address specific problems such as \n the prevention of school violence and the abuse \n of drugs and alcohol.\n ``(3) Availability of program.--The education program \n authorized under this subsection shall be made available to \n public and private middle schools, including Bureau funded \n schools, in the 50 States of the United States, the District of \n Columbia, the Commonwealth of Puerto Rico, the United States \n Virgin Islands, Guam, American Samoa, and the Commonwealth of \n the Northern Mariana Islands.\n ``(c) Definition of Bureau Funded School.--In this section the term \n`Bureau funded school' has the meaning given the term in section 1146 \nof the Education Amendments of 1978.\n\n``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION \n EXCHANGE PROGRAMS.\n\n ``(a) Cooperative Education Exchange Programs.--The Center for \nCivic Education and the National Council on Economic Education shall \nuse funds awarded under section 10604(a)(1) to carry out Cooperative \nEducation Exchange programs in accordance with this section.\n ``(b) Purpose.--The purpose of the Cooperative Education Exchange \nprograms provided under this section shall be to--\n ``(1) make available to educators from eligible countries \n exemplary curriculum and teacher training programs in civics \n and government education, and economics education, developed in \n the United States;\n ``(2) assist eligible countries in the adaptation, \n implementation, and institutionalization of such programs;\n ``(3) create and implement civics and government education, \n and economic education, programs for students that draw upon \n the experiences of the participating eligible countries;\n ``(4) provide a means for the exchange of ideas and \n experiences in civics and government education, and economic \n education, among political, educational, governmental, and \n private sector leaders of participating eligible countries; and\n ``(5) provide support for--\n ``(A) research and evaluation to determine the \n effects of educational programs on students' \n development of the knowledge, skills, and traits of \n character essential for the preservation and \n improvement of constitutional democracy; and\n ``(B) effective participation in and the \n preservation and improvement of an efficient market \n economy.\n ``(c) Avoidance of Duplication.--The Secretary shall consult with \nthe Secretary of State to ensure that--\n ``(1) activities under this section are not duplicative of \n other efforts in the eligible countries; and\n ``(2) partner institutions in the eligible countries are \n creditable.\n ``(d) Activities.--The Cooperative Education Exchange programs \nshall--\n ``(1) provide eligible countries with--\n ``(A) seminars on the basic principles of United \n States constitutional democracy and economics, \n including seminars on the major governmental and \n economic institutions and systems in the United States, \n and visits to such institutions;\n ``(B) visits to school systems, institutions of \n higher education, and nonprofit organizations \n conducting exemplary programs in civics and government \n education, and economic education, in the United \n States;\n ``(C) translations and adaptations regarding United \n States civic and government education, and economic \n education, curricular programs for students and \n teachers, and in the case of training programs for \n teachers translations and adaptations into forms useful \n in schools in eligible countries, and joint research \n projects in such areas;\n ``(D) research and evaluation assistance to \n determine--\n ``(i) the effects of the Cooperative \n Education Exchange programs on students' \n development of the knowledge, skills, and \n traits of character essential for the \n preservation and improvement of constitutional \n democracy; and\n ``(ii) effective participation in and the \n preservation and improvement of an efficient \n market economy;\n ``(2) provide United States participants with--\n ``(A) seminars on the histories, economies, and \n systems of government of eligible countries;\n ``(B) visits to school systems, institutions of \n higher education, and organizations conducting \n exemplary programs in civics and government education, \n and economic education, located in eligible countries;\n ``(C) assistance from educators and scholars in \n eligible countries in the development of curricular \n materials on the history, government, and economy of \n such countries that are useful in United States \n classrooms;\n ``(D) opportunities to provide onsite \n demonstrations of United States curricula and pedagogy \n for educational leaders in eligible countries; and\n ``(E) research and evaluation assistance to \n determine--\n ``(i) the effects of the Cooperative \n Education Exchange programs on students' \n development of the knowledge, skills, and \n traits of character essential for the \n preservation and improvement of constitutional \n democracy; and\n ``(ii) effective participation in and \n improvement of an efficient market economy; and\n ``(3) assist participants from eligible countries and the \n United States to participate in international conferences on \n civics and government education, and economic education, for \n educational leaders, teacher trainers, scholars in related \n disciplines, and educational policymakers.\n ``(e) Participants.--The primary participants in the Cooperative \nEducation Exchange programs assisted under this section shall be \neducational leaders in the areas of civics and government education, \nand economic education, including curriculum and teacher training \nspecialists, scholars in relevant disciplines, and educational \npolicymakers, and government and private sector leaders from the United \nStates and eligible countries.\n ``(f) Definition.--For the purpose of this section, the term \n`eligible country' means a Central European country, an Eastern \nEuropean country, Lithuania, Latvia, Estonia, the independent states of \nthe former Soviet Union as defined in section 3 of the FREEDOM Support \nAct (22 U.S.C. 5801), and may include the Republic of Ireland, the \nprovince of Northern Ireland in the United Kingdom, and any developing \ncountry as defined in section 209(d) of the Education for the Deaf Act.\n\n``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) Section 10605.--There are authorized to be appropriated to \ncarry out section 10605, $10,000,000 for fiscal year 2000 and such sums \nas may be necessary for each of the fiscal years 2001 through 2004.\n ``(b) Section 10606.--There are authorized to be appropriated to \ncarry out section 10606, $10,000,000 for fiscal year 2000 and such sums \nas may be necessary for each of the fiscal years 2001 through 2004.''.\n\nSEC. 3. REPEAL.\n\n Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et \nseq.) is repealed.","summary":"Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People.. The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs. And (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People.. The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Authorizes appropriations through FY 2004 for: (1) the We the People.. The Citizen and the Constitution program and The Project Citizen program. And (2) the Cooperative Educational Exchange programs. Repeals title VI of the Goals 2000: Educate America Act.","title":"Education for Democracy Act","text_len":17862,"sum_len":1359} {"bill_id":"113_hr4573","text":"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``International \nMegan's Law to Prevent Demand for Child Sex Trafficking''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title and table of contents.\nSec. 2. Findings.\nSec. 3. Definitions.\nSec. 4. Angel Watch Center.\nSec. 5. Sense of Congress provisions.\nSec. 6. Enhancing the minimum standards for the elimination of \n trafficking.\nSec. 7. Assistance to foreign countries to meet minimum standards for \n the elimination of trafficking.\nSec. 8. Rules of Construction.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Megan Nicole Kanka, who was 7 years old, was abducted, \n sexually assaulted, and murdered in 1994, in the State of New \n Jersey by a violent predator living across the street from her \n home. Unbeknownst to Megan Kanka and her family, he had been \n convicted previously of a sex offense against a child.\n (2) In 1996, Congress adopted Megan's Law (Public Law 104-\n 145) as a means to encourage States to protect children by \n identifying the whereabouts of sex offenders and providing the \n means to monitor their activities.\n (3) In 2006, Congress passed the Adam Walsh Child \n Protection and Safety Act of 2006 (Public Law 109-248) to \n protect children and the public at large by establishing a \n comprehensive national system for the registration and \n notification to the public and law enforcement officers of \n convicted sex offenders.\n (4) Law enforcement reports indicate that known child-sex \n offenders are traveling internationally, and that the criminal \n background of such individuals may not be known to local law \n enforcement prior to their arrival.\n (5) The commercial sexual exploitation of minors in child \n sex trafficking and pornography is a global phenomenon. The \n International Labour Organization has estimated that 1.8 \n million children worldwide are victims of child sex trafficking \n and pornography each year.\n (6) Child sex tourism, where an individual travels to a \n foreign country and engages in sexual activity with a child in \n that country, is a form of child exploitation and, where \n commercial, child sex trafficking.\n (7) According to research conducted by The Protection \n Project of The Johns Hopkins University Paul H. Nitze School of \n Advanced International Studies, sex tourists from the United \n States who target children form a significant percentage of \n child sex tourists in some of the most significant destination \n countries for child sex tourism.\n (8) In order to protect children, it is essential that \n United States law enforcement be able to identify child-sex \n offenders in the United States who are traveling abroad and \n child-sex offenders from other countries entering the United \n States. Such identification requires cooperative efforts \n between the United States and foreign governments. In exchange \n for providing notice of child-sex offenders traveling to the \n United States, foreign authorities will expect United States \n authorities to provide reciprocal notice of child-sex offenders \n traveling to their countries.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Center.--The term ``Center'' means the Angel Watch \n Center established pursuant to section 4(a).\n (2) Child-sex offender.--\n (A) In general.--The term ``child-sex offender'' \n means an individual who is a sex offender described in \n paragraph (3) or (4) of section 111 of the Adam Walsh \n Child Protection and Safety Act of 2006 (42 U.S.C. \n 16911) by reason of being convicted of a child-sex \n offense.\n (B) Definition of convicted.--In this paragraph, \n the term ``convicted'' has the meaning given the term \n in paragraph (8) of section 111 of such Act.\n (3) Child-sex offense.--\n (A) In general.--The term ``child-sex offense'' \n means a specified offense against a minor, as defined \n in paragraph (7) of section 111 of the Adam Walsh Child \n Protection and Safety Act of 2006 (42 U.S.C. 16911), \n including--\n (i) an offense (unless committed by a \n parent or guardian) involving kidnapping;\n (ii) an offense (unless committed by a \n parent or guardian) involving false \n imprisonment;\n (iii) solicitation to engage in sexual \n conduct;\n (iv) use in a sexual performance;\n (v) solicitation to practice prostitution;\n (vi) video voyeurism as described in \n section 1801 of title 18, United States Code;\n (vii) possession, production, or \n distribution of child pornography;\n (viii) criminal sexual conduct involving a \n minor, or the use of the Internet to facilitate \n or attempt such conduct; and\n (ix) any conduct that by its nature is a \n sex offense against a minor.\n (B) Other offenses.--The term ``child-sex offense'' \n includes a sex offense described in paragraph (5)(A) of \n section 111 of the Adam Walsh Child Protection and \n Safety Act of 2006 that is a specified offense against \n a minor, as defined in paragraph (7) of such section.\n (C) Foreign convictions; offenses involving \n consensual sexual conduct.--The limitations contained \n in subparagraphs (B) and (C) of section 111(5) of the \n Adam Walsh Child Protection and Safety Act of 2006 \n shall apply with respect to a child-sex offense for \n purposes of this Act to the same extent and in the same \n manner as such limitations apply with respect to a sex \n offense for purposes of the Adam Walsh Child Protection \n and Safety Act of 2006.\n (4) Jurisdiction.--The term ``jurisdiction'' means any of \n the following:\n (A) A State.\n (B) The District of Columbia.\n (C) The Commonwealth of Puerto Rico.\n (D) Guam.\n (E) American Samoa.\n (F) The Northern Mariana Islands.\n (G) The United States Virgin Islands.\n (H) To the extent provided in, and subject to the \n requirements of, section 127 of the Adam Walsh Child \n Protection and Safety Act of 2006 (42 U.S.C. 16927), a \n federally recognized Indian tribe.\n (5) Minor.--The term ``minor'' means an individual who has \n not attained the age of 18 years.\n\nSEC. 4. ANGEL WATCH CENTER.\n\n (a) Establishment.--Not later than 90 days after the date of the \nenactment of this Act, the Secretary of Homeland Security shall \nestablish within the Child Exploitation Investigations Unit of United \nStates Immigration and Customs Enforcement (ICE) of the Department of \nHomeland Security a Center, to be known as the ``Angel Watch Center'', \nto carry out the activities specified in subsection (d).\n (b) Leadership.--The Center shall be headed by the Director of ICE, \nin collaboration with the Commissioner of United States Customs and \nBorder Protection (CBP) and in consultation with the Attorney General.\n (c) Members.--The Center shall consist of the following:\n (1) The Director of ICE.\n (2) The Commissioner of CBP.\n (3) Individuals who are designated as analysts in ICE or \n CBP.\n (4) Individuals who are designated as program managers in \n ICE or CBP.\n (d) Activities.--\n (1) In general.--The Center shall carry out the following \n activities:\n (A) Receive information on travel by child-sex \n offenders.\n (B) Establish a system to maintain and archive all \n relevant information, including the response of \n destination countries to notifications under subsection \n (e) where available, and decisions not to transmit \n notification abroad.\n (C) Establish an annual review process to ensure \n that the Center is consistent in procedures to provide \n notification to destination countries or not to provide \n notification to destination countries, as appropriate.\n (2) Information required.--The United States Marshals \n Service's National Sex Offender Targeting Office shall make \n available to the Center information on travel by child-sex \n offenders in a timely manner for purposes of carrying out the \n activities described in paragraph (1) and (e).\n (e) Notification.--\n (1) To countries of destination.--\n (A) In general.--The Center may transmit notice of \n impending or current international travel of a child-\n sex offender to the country or countries of destination \n of the child-sex offender, including to the visa-\n issuing agent or agents in the United States of the \n country or countries.\n (B) Form.--The notice under this paragraph may be \n transmitted through such means as determined \n appropriate by the Center, including through an ICE \n attache.\n (2) To offenders.--\n (A) General notification.--\n (i) In general.--If the Center transmits \n notice under paragraph (1) of impending \n international travel of a child-sex offender to \n the country or countries of destination of the \n child-sex offender, the Secretary of Homeland \n Security, in conjunction with any appropriate \n agency, shall make reasonable efforts to \n provide constructive notice through electronic \n or telephonic communication to the child-sex \n offender prior to the child-sex offender's \n arrival in the country or countries.\n (ii) Exception.--The requirement to provide \n constructive notice under clause (i) shall not \n apply in the case of impending international \n travel of a child-sex offender to the country \n or countries of destination of the child-sex \n offender if such constructive notice would \n conflict with an existing investigation \n involving the child-sex offender.\n (B) Specific notification regarding risk to life or \n well-being of offender.--If the Center has reason to \n believe that to transmit notice under paragraph (1) \n poses a risk to the life or well-being of the child-sex \n offender, the Center shall make reasonable efforts to \n provide constructive notice through electronic or \n telephonic communication to the child-sex offender of \n such risk.\n (C) Specific notification regarding probable denial \n of entry to offender.--If the Center has reason to \n believe that a country of destination of the child-sex \n offender is highly likely to deny entry to the child-\n sex offender due to transmission of notice under \n paragraph (1), the Center shall make reasonable efforts \n to provide constructive notice through electronic or \n telephonic communication to the child-sex offender of \n such probable denial.\n (3) Sunset.--The authority of paragraph (1) shall terminate \n with respect to a child-sex offender beginning as of the close \n of the last day of the registration period of such child-sex \n offender under section 115 of the Adam Walsh Child Protection \n and Safety Act of 2006 (42 U.S.C. 16915).\n (f) Complaint Review.--The Center shall establish a mechanism to \nreceive complaints from child-sex offenders affected by notifications \nof destination countries of such child-sex offenders under subsection \n(e).\n (g) Consultations.--The Center shall seek to engage in ongoing \nconsultations with--\n (1) nongovernmental organizations, including faith-based \n organizations, that have experience and expertise in \n identifying and preventing child sex tourism and rescuing and \n rehabilitating minor victims of international sexual \n exploitation and trafficking;\n (2) the governments of countries interested in cooperating \n in the creation of an international sex offender travel \n notification system or that are primary destination or source \n countries for international sex tourism; and\n (3) Internet service and software providers regarding \n available and potential technology to facilitate the \n implementation of an international sex offender travel \n notification system, both in the United States and in other \n countries.\n (h) Technical Assistance.--The Secretary of Homeland Security and \nthe Secretary of State may provide technical assistance to foreign \nauthorities in order to enable such authorities to participate more \neffectively in the notification program system established under this \nsection.\n\nSEC. 5. SENSE OF CONGRESS PROVISIONS.\n\n (a) Bilateral Agreements.--It is the sense of Congress that the \nPresident should negotiate memoranda of understanding or other \nbilateral agreements with foreign governments to further the purposes \nof this Act and the amendments made by this Act, including by--\n (1) establishing systems to receive and transmit notices as \n required by title I of the Adam Walsh Child Protection and \n Safety Act of 2006 (42 U.S.C. 16901 et seq.); and\n (2) establishing mechanisms for private companies and \n nongovernmental organizations to report on a voluntary basis \n suspected child pornography or exploitation to foreign \n governments, the nearest United States embassy in cases in \n which a possible United States citizen may be involved, or \n other appropriate entities.\n (b) Notification to the United States of Child-sex Offenses \nCommitted Abroad.--It is the sense of Congress that the President \nshould formally request foreign governments to notify the United States \nwhen a United States citizen has been arrested, convicted, sentenced, \nor completed a prison sentence for a child-sex offense in the foreign \ncountry.\n\nSEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF \n TRAFFICKING.\n\n Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 \n(22 U.S.C. 7106(b)(4)) is amended by adding at the end before the \nperiod the following: ``, including severe forms of trafficking in \npersons related to sex tourism''.\n\nSEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR \n THE ELIMINATION OF TRAFFICKING.\n\n The President is strongly encouraged to exercise the authorities of \nsection 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to \nprovide assistance to foreign countries directly, or through \nnongovernmental and multilateral organizations, for programs, projects, \nand activities, including training of law enforcement entities and \nofficials, designed to establish systems to identify sex offenders and \nprovide and receive notification of child sex offender international \ntravel.\n\nSEC. 8. RULES OF CONSTRUCTION.\n\n (a) Department of Justice.--Nothing in this Act shall be construed \nto preclude or alter the jurisdiction or authority of the Department of \nJustice under the Adam Walsh Child Protection and Safety Act of 2006 \n(42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any \nother provision law, or to affect the work of the United States \nMarshals Service with INTERPOL.\n (b) Angel Watch Center.--Nothing in this Act shall be construed to \npreclude the Angel Watch Center from transmitting notice with respect \nto any sex offender described in paragraph (3) or (4) of section 111 of \nthe Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. \n16911) or with respect to any sex offense described in paragraph (5) of \nsuch section.\n ","summary":"This measure has not been amended since it was passed by the House on May 20, 2014. International Megan's Law to Prevent Demand for Child Sex Trafficking - Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of US Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders. (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications. (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries. And (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Authorizes the Center to transmit notice to a destination country of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 . Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism, and (3) Internet service and software providers regarding technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries. Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system. Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act. And (2) formally request foreign governments to notify the United States when a US citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country. Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism. Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel.","title":"International Megan's Law to Prevent Demand for Child Sex Trafficking","text_len":18556,"sum_len":3980} {"bill_id":"105_hr4535","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Drought Relief Act of \n1998''.\n\nSEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS.\n\n (a) Wheat.--Subsection (a) of section 132 of the Agricultural \nMarket Transition Act (7 U.S.C. 7232) is amended by striking paragraph \n(1) and inserting the following new paragraph:\n ``(1) Loan rate.--Subject to paragraph (2), the loan rate \n for a marketing assistance loan under section 131 for wheat \n shall be equal to not less than 85 percent of the simple \n average price received by producers of wheat, as determined by \n the Secretary, during the marketing years for the immediately \n preceding 5 crops of wheat, excluding the year in which the \n average price was the highest and the year in which the average \n price was the lowest in the period.''.\n (b) Feed Grains.--Subsection (b) of such section is amended by \nstriking paragraph (1) and inserting the following new paragraph:\n ``(1) Loan rate for corn.--Subject to paragraph (2), the \n loan rate for a marketing assistance loan under section 131 for \n corn shall be equal to not less than 85 percent of the simple \n average price received by producers of corn, as determined by \n the Secretary, during the marketing years for the immediately \n preceding 5 crops of corn, excluding the year in which the \n average price was the highest and the year in which the average \n price was the lowest in the period.''.\n (c) Upland Cotton.--Subsection (c)(2) of such section is amended by \nstriking ``or more than $0.5192 per pound''.\n (d) Extra Long Staple Cotton.--Subsection (d) of such section is \namended to read as follows:\n ``(d) Extra Long Staple Cotton.--The loan rate for a marketing \nassistance loan under section 131 for extra long staple cotton shall be \nequal to not less than 85 percent of the simple average price received \nby producers of extra long staple cotton, as determined by the \nSecretary, during 3 years of the 5-year period ending July 31 of the \nyear preceding the year in which the crop is planted, excluding the \nyear in which the average price was the highest and the year in which \nthe average price was the lowest in the period.''.\n (e) Oilseeds.--Subsection (f) of such section is amended--\n (1) in paragraph (1)(B), by striking ``or more than \n $5.26''; and\n (2) in paragraph (2)(B), by striking ``or more than \n $0.093''.\n\nSEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING \n CERTAIN DROUGHT ALLEVIATION PROJECTS.\n\n (a) Definitions.--In this section:\n (1) Designated disaster area.--The term ``designated \n disaster area'' means an area that is covered by a Presidential \n declaration of major disaster issued under section 401 of the \n Robert T. Stafford Disaster Relief and Emergency Assistance Act \n (42 U.S.C. 5170) or determined to be a disaster area by the \n Secretary of Agriculture under subpart A of part 1945 of title \n 7, Code of Federal Regulations, if the basis for the \n Presidential declaration or Secretarial determination is at \n least in part the result of drought conditions in the area.\n (2) Eligible land.--The term ``eligible land'' means \n agricultural land, including cropland, rangeland, pasture, and \n other land on which crops or livestock are produced, or land \n used to support the production of crops or livestock.\n (3) Livestock.--The term ``livestock'' means dairy cattle, \n beef cattle, laying hens, broilers, turkeys, swine, sheep, and \n such other animals as determined by the Secretary.\n (4) Producer.--The term ``producer'' means a person who is \n engaged in livestock or agricultural production (as defined by \n the Secretary).\n (b) Authority To Provide Assistance.--During the 1999 through 2002 \nfiscal years, the Secretary of Agriculture may provide technical \nassistance and cost-share payments to a producer who undertakes on \neligible lands in a designated disaster area a project intended to \nalleviate or otherwise respond to the effects of drought on crop or \nlivestock production. A producer may apply for cost-share payments \nunder this section before undertaking an eligible project, during the \ncourse of the project, or within one year after completing the project. \nA project may be completed after the expiration of the designation of \nan area as a designated disaster area.\n (c) Eligible Projects.--The projects for which assistance may be \nprovided under this section include--\n (1) the installation of water wells to be used primarily \n for crop irrigation or livestock watering;\n (2) the dredging of ponds or other small bodies of water on \n eligible lands; and\n (3) the extension of public water supply lines to serve \n eligible lands.\n (d) Offer Selection Process.--The Secretary of Agriculture shall, \nto the maximum extent practicable, establish a process for selecting \napplications for financial assistance if there are numerous \napplications for assistance for eligible projects that would provide \nsubstantially the same level of benefits. The process shall be based \non--\n (1) a reasonable estimate of the projected cost of the \n proposals and other factors identified by the Secretary for \n determining which applications will result in the least cost to \n the program authorized by this section; and\n (2) such other factors determined by the Secretary that \n maximize benefits in designated disaster areas per dollar \n expended.\n (e) Concurrence of Owner.--If the producer making an offer to \nreceive assistance is a tenant using the eligible land, for the offer \nto be acceptable, the producer shall obtain the concurrence of the \nowner of the eligible land with respect to the offer.\n (f) Amount of Cost-Share Payments.--The Federal share of cost-share \npayments to a producer proposing to implement one or more eligible \nproject shall be not more than 75 percent of the projected cost of the \nproject, as determined by the Secretary of Agriculture, taking into \nconsideration any payment received by the producer from a State or \nlocal government. A producer may not receive cost-share payments under \nthis section for a project if the producer receives cost-share payments \nor other benefits for the same project under another provision of law.\n (g) Technical Assistance.--The receipt of technical assistance \nunder this section shall not affect the eligibility of the producer to \nreceive technical assistance under other authorities of law available \nto the Secretary of Agriculture.\n (h) Retroactive Effect.--This section shall apply to eligible \nprojects commenced in designated disaster areas on or after January 1, \n1998.\n\nSEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES.\n\n Subtitle C of the Consolidated Farm and Rural Development Act (7 \nU.S.C. 1961-1970) is amended by inserting after section 327 the \nfollowing:\n ``Sec. 328. In this subtitle, the terms `actual loss' and `actual \nproduction loss' mean actual loss or (if greater) the estimated loss as \ndetermined by the relevant county committee.''.\n\nSEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY \n LOANS.\n\n Section 324 of the Consolidated Farm and Rural Development Act (7 \nU.S.C. 1964) is amended by adding at the end the following:\n ``(f) A borrower of a loan made under this subtitle may elect to \ndefer the payment of any or all interest on the loan until the end of \nthe period for which the loan is made.''.","summary":"Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds. Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998. Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses, and (2) emergency loan interest deferral.","title":"Emergency Drought Relief Act of 1998","text_len":7867,"sum_len":642} {"bill_id":"107_hr3027","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Geriatric Care Act of 2001''.\n\nSEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE \n MEDICAL EDUCATION LIMITATIONS.\n\n (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act \n(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the \nfollowing new clause:\n ``(iii) Increase in limitation for \n geriatric fellowships.--For cost reporting \n periods beginning on or after the date that is \n 6 months after the date of enactment of the \n Geriatric Care Act of 2001, in applying the \n limitations regarding the total number of full-\n time equivalent residents in the field of \n allopathic or osteopathic medicine under clause \n (i) for a hospital, rural health clinic, or \n Federally qualified health center, the \n Secretary shall not take into account a maximum \n of 3 residents enrolled in a fellowship or \n residency in geriatric medicine or geriatric \n psychiatry within an approved medical residency \n training program to the extent that the \n hospital, rural health clinic, or Federally \n qualified health center increases the number of \n such residents above the number of such \n residents for the hospital's, rural health \n clinic's, or Federally qualified health \n center's most recent cost reporting period \n ending before the date that is 6 months after \n the date of enactment of such Act.''.\n (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act \n(42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the \nfollowing new clause:\n ``(ix) Clause (iii) of subsection (h)(4)(F), insofar as \n such clause applies with respect to hospitals, shall apply to \n clause (v) in the same manner and for the same period as such \n clause (iii) applies to clause (i) of such subsection.''.\n\nSEC. 3. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES.\n\n (a) Part B Coverage of Care Coordination and Assessment Services.--\nSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), \nas amended by section 105(a) of the Medicare, Medicaid, and SCHIP \nBenefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), \nas enacted into law by section 1(a)(6) of Public Law 106-554, is \namended--\n (1) in subparagraph (U), by striking ``and'' at the end;\n (2) in subparagraph (V), by inserting ``and'' after the \n semicolon at the end; and\n (3) by adding at the end the following new subparagraph:\n ``(W) care coordination and assessment services (as defined \n in subsection (ww)).''.\n (b) Care Coordination and Assessment Services Defined.--Section \n1861 of the Social Security Act (42 U.S.C. 1395x), as amended by \nsection 105(b) of the Medicare, Medicaid, and SCHIP Benefits \nImprovement and Protection Act of 2000 (114 Stat. 2763A-471), as \nenacted into law by section 1(a)(6) of Public Law 106-554), is amended \nby adding at the end the following new subsection:\n\n``Care Coordination and Assessment Services; Individual with a Serious \n and Disabling Chronic Condition; Care Coordinator\n\n ``(ww)(1) The term `care coordination and assessment services' \nmeans services that are furnished to an individual with a serious and \ndisabling chronic condition (as defined in paragraph (2)) by a care \ncoordinator (as defined in paragraph (3)) under a plan of care \nprescribed by such care coordinator for the purpose of care \ncoordination and assessment, which may include any of the following \nservices:\n ``(A) An initial assessment of an individual's medical \n condition, functional and cognitive capacity, and environmental \n and psychological needs and an annual reassessment of such \n condition, capacity, and needs, unless the care coordinator \n determines that a more frequent reassessment is necessary based \n on sentinel health events (as defined by the Secretary) or a \n change in health status that may require a change in the \n individual's plan of care.\n ``(B) The coordination of, and referral for, medical and \n other health services, including--\n ``(i) multidisciplinary care conferences;\n ``(ii) coordination with other providers (including \n telephone consultations with physicians); and\n ``(iii) the monitoring and management of \n medications, with special emphasis on the management on \n behalf of an individual with a serious and disabling \n chronic condition that uses multiple medications \n (including coordination with the entity managing \n benefits for the individual).\n ``(C) Patient and family caregiver education and counseling \n services (through office visits or telephone consultation), \n including self-management services and risk appraisal services \n to identify behavioral risk factors through self-assessment.\n ``(D) Such other services for which payment would not \n otherwise be made under this title as the Secretary determines \n to be appropriate, including activities to facilitate \n continuity of care and patient adherence to plans of care.\n ``(2) For purposes of this subsection, the term `individual with a \nserious and disabling chronic condition' means an individual who a care \ncoordinator annually certifies--\n ``(A) is unable to perform (without substantial assistance \n from another individual) at least 2 activities of daily living \n (as described in section 7702B(c)(2)(B) of the Internal Revenue \n Code of 1986) for a period of at least 90 days due to a loss of \n functional capacity;\n ``(B) has a level of disability similar to the level of \n disability described in subparagraph (A) (as determined under \n regulations promulgated by the Secretary);\n ``(C) requires medical management and coordination of care \n due to a complex medical condition (as defined by the \n Secretary); or\n ``(D) requires substantial supervision to protect such \n individual from threats to health and safety due to a severe \n cognitive impairment (as defined by the Secretary).\n ``(3)(A) For purposes of this subsection, the term `care \ncoordinator' means an individual or entity that--\n ``(i) is--\n ``(I) a physician (as defined in subsection \n (r)(1)); or\n ``(II) a practitioner described in section \n 1842(b)(18)(C) or an entity that meets such conditions \n as the Secretary may specify (which may include \n physicians, physician group practices, or other health \n care professionals or entities the Secretary may find \n appropriate) working in collaboration with a physician;\n ``(ii) has entered into a care coordination agreement with \n the Secretary; and\n ``(iii) meets such other criteria as the Secretary may \n establish (which may include experience in the provision of \n care coordination or primary care physicians' services).\n ``(B) For purposes of subparagraph (A)(ii), each care coordination \nagreement shall--\n ``(i) be entered into for a period of 1 year and may be \n renewed if the Secretary is satisfied that the care coordinator \n continues to meet the conditions of participation specified in \n subparagraph (A);\n ``(ii) assure that the care coordinator will submit reports \n to the Secretary on the functional and medical status of \n individuals with a chronic and disabling condition who receive \n care coordination services, expenditures relating to such \n services, and health outcomes relating to such services, except \n that the Secretary may not require a care coordinator to submit \n more than 1 such report during a year; and\n ``(iii) contain such other terms and conditions as the \n Secretary may require.''.\n (c) Payment and Elimination of Coinsurance.--\n (1) In general.--Section 1833(a)(1) of the Social Security \n Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of \n the Medicare, Medicaid, and SCHIP Benefits Improvement and \n Protection Act of 2000 (114 Stat. 2763A-489), as enacted into \n law by section 1(a)(6) of Public Law 106-554, is amended--\n (A) by striking ``and (U)'' and inserting ``(U)''; \n and\n (B) by inserting before the semicolon at the end \n the following: ``, and (V) with respect to care \n coordination and assessment services described in \n section 1861(s)(2)(W), the amounts paid shall be 100 \n percent of the lesser of the actual charge for the \n service or the amount determined under the payment \n basis determined under section 1848 by the Secretary \n for such service''.\n (2) Payment under physician fee schedule.--Section \n 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting \n ``(2)(W),'' after ``(2)(S),''.\n (3) Elimination of coinsurance in outpatient hospital \n settings.--The third sentence of section 1866(a)(2)(A) of the \n Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by \n inserting after ``1861(s)(10)(A)'' the following: ``, with \n respect to care coordination and assessment services (as \n defined in section 1861(ww)(1)),''.\n (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of \nthe Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by \nsection 105(d) of the Medicare, Medicaid, and SCHIP Benefits \nImprovement and Protection Act of 2000 (114 Stat. 2763A-472), as \nenacted into law by section 1(a)(6) of Public Law 106-554, is amended \nby adding at the end the following new clause:\n ``(vii) A care coordinator (as defined in section \n 1861(ww)(3)) that is not a physician.''.\n (e) Exception to Limits on Physician Referrals.--Section 1877(b) of \nthe Social Security Act (42 U.S.C. 1395nn(b)) is amended--\n (1) by redesignating paragraph (4) as paragraph (5); and\n (2) by inserting after paragraph (3) the following new \n paragraph:\n ``(4) Private sector purchasing and quality improvement \n tools for original medicare.--In the case of a designated \n health service, if the designated health service is--\n ``(A) a care coordination and assessment service \n (as defined in section 1861(ww)(1)); and\n ``(B) provided by a care coordinator (as defined in \n paragraph (3) of such section).''.\n (f) Rulemaking.--The Secretary of Health and Human Services shall \ndefine such terms and establish such procedures as the Secretary \ndetermines necessary to implement the provisions of this section.\n (g) Effective Date.--The amendments made by this section shall \napply to care coordination and assessment services furnished on or \nafter January 1, 2003.","summary":"Geriatric Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals, rural health clinics, or Federally qualified health centers for direct graduate medical education costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation. Amends SSA title XVIII, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of care coordination and assessment services to an individual with a serious and disabling chronic condition.","title":"To amend title XVIII of the Social Security Act to permit expansion of medical residency training programs in geriatric medicine and to provide for reimbursement of care coordination and assessment services provided under the Medicare Program.","text_len":11909,"sum_len":696} {"bill_id":"110_hr2554","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``After Care Act of 2007''.\n\nSEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED.\n\n Section 4014(a) of title 18, United States Code, is amended by \nadding at the end the following: ``The Attorney General shall cause \neach individual about to be released from a sentence of imprisonment \nfor a Federal offense, other than those who have already tested \npositive for the human immunodeficiency virus, to be tested for the \npresence of that virus. If an individual is determined under the \npreceding sentence to test positive for the presence of the human \nimmunodeficiency virus, the Attorney General shall inform the \nindividual, prior to the individual's release, that the individual has \ntested positive for such virus and has an obligation to accept \ntreatment through the program under section 4 of the After Care Act of \n2007.''.\n\nSEC. 3. CONDITIONS OF SUPERVISED RELEASE.\n\n Section 3583(d) of title 18, United States Code, is amended by \ninserting after the 4th sentence the following: ``The court shall \norder, as explicit conditions of supervised release, that the defendant \naccept treatment through the program under section 4 of the After Care \nAct of 2007 and provide notice to any prospective sexual partner that \nthe defendant has tested positive for the presence of the human \nimmunodeficiency virus before engaging in any sex act with such \npartner, if the Attorney General informs the defendant before the \ndefendant's release from prison that the defendant has tested positive \nfor the presence of the human immunodeficiency virus and it will be the \nobligation of the defendant to accept such treatment and provide such \nnotice.''.\n\nSEC. 4. PROGRAM FOR HIV\/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL \n PRISONERS.\n\n (a) Establishment.--The Attorney General of the United States and \nthe Secretary of Health and Human Services, acting jointly, shall \nestablish and maintain a program to provide to each eligible individual \ntreatment for HIV\/AIDS throughout the treatment period.\n (b) Consultation.--In carrying out this section, the Attorney \nGeneral of the United States and the Secretary of Health and Human \nServices shall consult with the Director of the Centers for Disease \nControl and Prevention, the Administrator of the Health Resources and \nServices Administration, and the Administrator of the Centers for \nMedicare & Medicaid Services.\n (c) Program Requirements.--The program established under subsection \n(a) shall provide for the following:\n (1) Each eligible individual shall be provided with \n treatment for HIV\/AIDS throughout the treatment period.\n (2) Prior to the eligible individual's release by the \n Bureau of Prisons, a culturally competent health care provider \n shall be assigned to the individual--\n (A) to formulate a medical discharge plan for the \n individual; and\n (B) to continue to provide support services to the \n individual throughout the treatment period.\n (3) A discharge plan under paragraph (2)(A) shall include--\n (A) completion of the procedural requirements \n necessary to establish eligibility for benefits under \n government programs, such as Medicaid, in sufficient \n time so that such eligibility has been established \n prior to release;\n (B) provision of government-issued identification; \n and\n (C) provision to the eligible individual and to the \n health care provider assigned to the individual under \n paragraph (2) of copies of all medical documents \n relating to the individual's treatment while \n incarcerated, including copies of prescriptions.\n (4) Prior to the eligible individual's release by the \n Bureau of Prisons--\n (A) a determination shall be made as to whether the \n individual will be homeless upon release; and\n (B) if the individual would otherwise be homeless \n upon release, arrangements shall be made for safe and \n appropriate housing for the individual.\n (5) Prior to the eligible individual's release by the \n Bureau of Prisons, the health care provider assigned to the \n individual under paragraph (2) shall schedule a medical \n appointment for the individual.\n (6) Prior to the eligible individual's release by the \n Bureau of Prisons--\n (A) the individual shall be provided with a one to \n two week supply of medications for treatment for HIV\/\n AIDS; and\n (B) to minimize the risk of such medications being \n resold--\n (i) if the individual is receiving pain \n medication while incarcerated, the individual \n shall be tested to determine whether the \n individual has been taking or selling the \n medication; and\n (ii) the medications provided under \n subparagraph (A) shall be provided in a form, \n such as open boxes, that is more difficult to \n sell.\n (7) At the point of the eligible individual's release by \n the Bureau of Prisons, the individual--\n (A) shall be met and escorted to the services \n necessary for treatment for HIV\/AIDS; and\n (B) shall be provided with any appropriate \n emergency assistance, such as appropriate clothing.\n (8) During the treatment period--\n (A) the eligible individual shall be provided with \n a contact for his or her first medical appointment and, \n if necessary, arrangements shall be made for subsequent \n appointments;\n (B) the individual shall be provided with treatment \n adherence services to help the individual understand \n and adhere to the applicable medical regimen;\n (C) the individual shall be provided, as determined \n necessary, with access to substance abuse treatment and \n to mental health services; and\n (D) a skilled and culturally competent case manager \n and counselor shall be assigned to work with the \n individual to ensure that needed support services are \n obtained, medical appointments are kept, and the \n individual is supported through the difficult \n transition from incarceration to the streets.\n (9) Before the end of the treatment period, the health care \n provider assigned to the eligible individual under paragraph \n (2) shall arrange for the continuation of treatment for HIV\/\n AIDS after such period.\n (d) Definitions.--In this section:\n (1) The term ``eligible individual'' means an individual \n who--\n (A) is released from a sentence of imprisonment for \n a Federal offense; and\n (B) at the time of such release, tests positive for \n the presence of the human immunodeficiency virus.\n (2) The term ``treatment for HIV\/AIDS'' means treatment for \n human immunodeficiency virus or acquired immune deficiency \n syndrome. Such treatment includes health care (including the \n provision of medication), counseling, and education.\n (3) The term ``treatment period'' means the period--\n (A) beginning on the date of the individual's \n release by the Bureau of Prisons; and\n (B) ending on the date that is 2 years after such \n date of release.\n (e) Applicability.--This section applies only with respect to \neligible individuals released on or after the dates that is 60 days \nafter the date of the enactment of this Act.\n (f) Funding.--For fiscal year 2008 and each subsequent fiscal year, \nthere shall be appropriated such sums as may be necessary to carry out \nthis section.\n\nSEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV\/AIDS MEDICATION.\n\n (a) Prohibition.--A person receiving HIV\/AIDS medication, including \nantiretrovirals, through a Federal program shall not sell, or trade for \nany benefit, such medication.\n (b) Enforcement.--If a person violates subsection (a), the Federal \nofficial responsible for the program involved shall prohibit the person \nfrom receiving any additional HIV\/AIDS medication through such program, \nunless the person agrees to abide by the following:\n (1) The person will receive such medication only through a \n pharmacy that has been designated by the Secretary of Health \n and Human Services as a specialty HIV pharmacy.\n (2) The person will receive counseling to help him or her \n understand and adhere to the applicable medical regimen.\n (c) Designation of Specialty HIV Pharmacies.--For purposes of \nsubsection (b)(1), the Secretary of Health and Human Services shall \ndesignate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees \nto take such actions as may be determined necessary by the Secretary to \nprevent persons who receive HIV\/AIDS medication from violating \nsubsection (a).\n (d) Definition.--In this section, the term ``HIV\/AIDS medication'' \nmeans medication to treat the person involved for human \nimmunodeficiency virus, acquired immune deficiency syndrome, or related \nsymptoms.","summary":"After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus. And (2) courts to order defendants testing positive for the virus to accept HIVAIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIVAIDS status. Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIVAIDS treatment of prisoners for two years after release by the Bureau of Prisons. Prohibits individuals receiving HIVAIDS medication, including antiretrovirals, through a federal program from selling or trading such medication.","title":"To amend title 18 of the United States Code to require HIV testing of Federal prisoners about to be released, to direct the Attorney General of the United States and the Secretary of Health and Human Services to provide HIV\/AIDS treatment for recently released Federal prisoners, and for other purposes.","text_len":9923,"sum_len":760} {"bill_id":"108_hr608","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pharmaceutical Products Price Equity \nAct''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Modern life enhancing and life sustaining drugs are the \n products of decades of scientific research and practice.\n (2) The refining and production of products by American \n pharmaceutical enterprises must be appropriately compensated.\n (3) The pricing of American pharmaceutical products varies \n greatly from country to country with the corporate owners of \n such products voluntarily assuming no losses by always selling \n their products above the cost of production.\n (4) Considering the vital life and death nature of \n pharmaceutical products, it is appropriate that the United \n States Government, in harmony with other nations belonging to \n the World Trade Organization, should engage in the reasonable \n regulation of the prices of pharmaceutical products.\n\nSEC. 3. REASONABLE LIMITS ON PROFITS OF PHARMACEUTICAL PRODUCTS.\n\n (a) Presidential Authority.--The President shall issue such orders \nand regulations, and establish such procedures and reporting \nrequirements, as the President determines to be appropriate to ensure \nthat no pharmaceutical product (as defined by the President in such \nregulation or order) is sold to any consumer in the United States at a \nprice that is more than 6 percent above the average retail price at \nwhich such pharmaceutical product is sold in the 5 most industrialized, \nfree-market countries, other than the United States, as determined by \nthe President.\n (b) Delegation.--The President may delegate the performance of any \nfunction under this section to any officer of any Federal department or \nagency who has been appointed by the President, by and with the consent \nof the Senate.\n (c) Confidentiality of Information.--All information reported to or \notherwise obtained by any person exercising any authority under this \nsection which contains or relates to a trade secret or other matter \nreferred to in section 1905 of title 18, United States Code, shall be \nconsidered confidential for purposes of that section, except that such \ninformation may be disclosed to any other officer or employee of the \nUnited States involved in carrying out this section solely for the \npurpose of carrying out, and enforcing compliance with, this section.\n (d) Subpoena Power and Production of Documents.--\n (1) In general.--The officer of any agency or department to \n whom the President has delegated any authority under this \n section, may--\n (A) examine any books, papers, records, or other \n data of any person which is relevant to the enforcement \n of this section or to any recordkeeping or reporting \n requirement prescribed for the purpose of carrying out \n this section; and\n (B) summon any person, an officer or employee of \n any person (including a former officer or employee), or \n any person having possession, custody, or care of the \n reports and records required to be made or maintained \n pursuant to this section, to appear at a time and place \n named in the summons and to produce such books, papers, \n records, or other data, and to give testimony, under \n oath, as may be relevant or material to an \n investigation or procedure under this section.\n (2) Administrative aspects of summons.--\n (A) Production at designated site.--A summons \n issued pursuant to this section may require that books, \n papers, records, or other data stored or maintained at \n any place be produced at any designated location in any \n State or in any territory or other place subject to \nthe jurisdiction of the United States not more than 500 miles distant \nfrom any place where the person summoned operates or conducts business \nin the United States.\n (B) Fees and travel expenses.--Persons summoned \n under this section shall be paid the same fees and \n mileage for travel in the United States that are paid \n witnesses in the courts of the United States.\n (C) No liability for expenses.--The United States \n shall not be liable for any expense, other than an \n expense described in subparagraph (B), incurred in \n connection with the production of books, papers, \n records, or other data under this section.\n (3) Service of summons.--Service of a summons issued under \n this section may be by registered mail or in such other manner \n calculated to give actual notice as the officer delegated by \n the President may prescribe by regulation.\n (4) Contumacy or refusal.--\n (A) Referral to attorney general.--In case of \n contumacy by a person issued a summons under this \n subsection or a refusal by such person to obey such \nsummons, the officer issuing the summons shall refer the matter to the \nAttorney General.\n (B) Jurisdiction of court.--The Attorney General \n may invoke the aid of any court of the United States \n within the jurisdiction of which--\n (i) the investigation which gave rise to \n the summons is being or has been carried on;\n (ii) the person summoned is an inhabitant; \n or\n (iii) the person summoned carries on \n business or may be found,\n to compel compliance with the summons.\n (C) Court order.--The court may issue an order \n requiring the person summoned to appear before the \n Secretary or his delegate to produce books, papers, \n records, and other data, to give testimony as may be \n necessary to explain how such material was compiled and \n maintained, and to pay the costs of the proceeding.\n (D) Failure to comply with order.--Any failure to \n obey the order of the court may be punished by the \n court as a contempt thereof.\n (E) Service of process.--All process in any case \n under this subsection may be served in any judicial \n district in which such person may be found.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Injunctions and Other Relief.--\n (1) In general.--Whenever it appears to the officer \n authorized by the President to exercise authority under this \n Act, that any person has engaged, is engaged, or is about to \n engage in any act or practice that constitutes a violation of \n any regulation or order prescribed or issued pursuant to \n section 3, the officer may request the Attorney General to \n bring an action in an appropriate district court of the United \n States to enjoin such act or practice.\n (2) Remedies.--Upon a proper showing in any action under \n paragraph (1), the court--\n (A) shall issue a temporary restraining order or \n grant a preliminary or permanent injunction without \n bond;\n (B) may also issue a mandatory injunction \n commanding any person to comply with any order or \n injunction issued or granted under subparagraph (A); \n and\n (C) may order restitution of moneys received in \n violation of any regulation prescribed or order issued \n under section 3 or any order issued or injunction \n granted under this section.\n (b) Penalties.--\n (1) Criminal.--Whoever knowingly violates any regulation \n prescribed or order issued under section 3 shall be fined not \n more than the amount equal to 200 percent of the amount of the \n sale related to each violation.\n (2) Civil.--\n (A) In general.--Whoever violates any regulation \n prescribed or order issued under section 3 shall be \n liable to the United States for a civil penalty of not \n more than 200 percent of the amount by which such \n person was unjustly enriched in connection with such \n violation.\n (B) Continuing violations.--A separate violation \n occurs for each sale of a pharmaceutical product in \n violation of a regulation prescribed or order issued \n under section 3.\n (C) Assessment.--\n (i) Written notice.--Any penalty imposed \n under subparagraph (A) may be assessed and \n collected by the officer authorized by the \n President to exercise authority under this Act \n by written notice.\n (ii) Finality of assessment.--If, with \n respect to any assessment under clause (i), a \n hearing is not requested pursuant to \n subparagraph (F) within the period of time \n allowed under such subparagraph, the assessment \n shall constitute a final and unappealable \n order.\n (D) Authority to modify or remit penalty.--Any \n officer authorized by the President to exercise \n authority under this Act may compromise, modify, or \n remit any penalty which such officer may assess or had \n already assessed under subparagraph (A).\n (E) Mitigating factors.--In determining the amount \n of any penalty imposed under subparagraph (A), the \n officer authorized by the President to exercise \n authority under this Act shall take into account the \n appropriateness of the penalty with respect to--\n (i) the size of financial resources and \n good faith of the person charged;\n (ii) the gravity of the violation;\n (iii) the history of previous violations; \n and\n (iv) such other matters as justice may \n require.\n (F) Hearing.--The person against whom any penalty \n is assessed under this paragraph shall be afforded an \n agency hearing if such person submits a request for \n such hearing within 20 days after the issuance of the \n notice of assessment.\n (G) Collection.--\n (i) Referral.--If any person fails to pay \n an assessment after any penalty assessed under \n this paragraph has become final, the officer \n who imposed the penalty shall recover the \n amount assessed by action in the appropriate \n United States district court.\n (ii) Appropriateness of penalty not \n reviewable.--In any civil action under clause \n (i), the validity and appropriateness of the \n penalty shall not be subject to review.\n (H) Disbursement.--All penalties collected under \n authority of this paragraph shall be deposited into the \n Treasury.\n (I) Regulations.--Any officer authorized by the \n President to exercise authority under this Act shall \n prescribe regulations establishing such procedures as \n may be necessary to carry out this paragraph.\n\nSEC. 5. CIVIL LIABILITY.\n\n (a) Liability Established.--Any person who violates any regulation \nprescribed or order issued under this Act with respect to any other \nperson shall be liable to such person in an amount equal to the sum of \nthe amounts determined under each of the following paragraphs:\n (1) Actual damages.--The greater of--\n (A) the amount of any actual damage sustained by \n such person as a result of such failure; or\n (B) any amount paid by the injured person to the \n violator.\n (2) Punitive damages.--\n (A) Individual actions.--In the case of any action \n by an individual, such additional amount as the court \n may allow.\n (B) Class actions.--In the case of a class action, \n the sum of--\n (i) the aggregate of the amount which the \n court may allow for each named plaintiff; and\n (ii) the aggregate of the amount which the \n court may allow for each other class member, \n without regard to any minimum individual \n recovery.\n (3) Attorneys' fees.--In the case of any successful action \n to enforce any liability under paragraph (1) or (2), the costs \n of the action, together with reasonable attorneys' fees.\n (b) Factors To Be Considered in Awarding Punitive Damages.--In \ndetermining the amount of any liability of any person under section \n(a), the court shall consider, among other relevant factors--\n (1) the frequency and persistence of noncompliance by the \n violator;\n (2) the nature of the noncompliance;\n (3) the extent to which such noncompliance was intentional; \n and\n (4) in the case of any class action, the number of \n consumers adversely affected.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the President for fiscal \nyears 2003, 2004, and 2005, such sums as may be necessary to carry out \nthis Act.","summary":"Pharmaceutical Products Price Equity Act - Directs the President to issue orders and regulations, and establish procedures and reporting requirements, to ensure that no pharmaceutical product is sold to any consumer in the United States at a price that is more than six percent above the average retail price at which such pharmaceutical product is sold in the five most industrialized, free-market countries, other than the United States. Sets forth enforcement and civil liability provisions.","title":"To provide for prices of pharmaceutical products that are fair to the producer and the consumer, and for other purposes.","text_len":14589,"sum_len":494} {"bill_id":"113_hr5296","text":"SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES WITH \n AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS.\n\n (a) Demonstration Program Required.--Beginning not later than 90 \ndays after the date of the enactment of this Act, the Secretary of the \nAir Force shall carry out a demonstration program to assess the \nfeasibility and advisability of permitting individuals with auditory \nimpairments (including deafness) to access as officers of the Air \nForce.\n (b) Candidates.--\n (1) Number of candidates.--The total number of individuals \n with auditory impairments who may participate in the \n demonstration program shall be not fewer than 15 individuals or \n more than 20 individuals.\n (2) Mix and range of auditory impairments.--The individuals \n who participate in the demonstration program shall include \n individuals who are deaf and individuals who have a range of \n other auditory impairments.\n (3) Qualification for accession.--Any individual who is \n chosen to participate in the demonstration program shall meet \n all essential qualifications for accession as an officer in the \n Air Force, other than those related to having an auditory \n impairment.\n (c) Selection of Participants.--\n (1) In general.--The Secretary of the Air Force shall--\n (A) publicize the demonstration program nationally, \n including to individuals who have auditory impairments \n and would be otherwise qualified for officer training;\n (B) create a process whereby interested individuals \n can apply for the demonstration program; and\n (C) select the participants for the demonstration \n program, from among the pool of applicants, based on \n the criteria in subsection (b).\n (2) No prior service as air force officers.--Participants \n selected for the demonstration program shall be individuals who \n have not previously served as officers in the Air Force.\n (d) Basic Officer Training.--\n (1) In general.--The participants in the demonstration \n program shall undergo, at the election of the Secretary of the \n Air Force, the Basic Officer Training course or the \n Commissioned Officer Training course at Maxwell Air Force Base, \n Alabama.\n (2) Number of participants.--Once individuals begin \n participating in the demonstration program, each Basic Officer \n Training course or Commissioned Officer Training course at \n Maxwell Air Force Base, Alabama, shall include not fewer than \n 4, or more than 6, participants in the demonstration program \n until all participants have completed such training.\n (3) Auxiliary aids and services.--The Secretary of Defense \n shall ensure that participants in the demonstration program \n have the necessary auxiliary aids and services (as that term is \n defined in section 4 of the Americans With Disabilities Act of \n 1990 (42 U.S.C. 12103)) in order to fully participate in the \n demonstration program.\n (e) Coordination.--\n (1) Special advisor.--The Secretary of the Air Force shall \n designate a special advisor to the demonstration program to act \n as a resource for participants in the demonstration program, as \n well as a liaison between participants in the demonstration \n program and those providing the officer training.\n (2) Qualifications.--The special advisor shall be a member \n of the Armed Forces on active duty--\n (A) who--\n (i) if a commissioned officer, shall be in \n grade O-3 or higher; or\n (ii) if an enlisted member, shall be in \n grade E-5 or higher; and\n (B) who is knowledgeable about issues involving, \n and accommodations for, individuals with auditory \n impairments (including deafness).\n (3) Responsibilities.--The special advisor shall be \n responsible for facilitating the officer training for \n participants in the demonstration program, intervening and \n resolving issues and accommodations during the training, and \n such other duties as the Secretary of the Air Force may assign \n to facilitate the success of the demonstration program and \n participants.\n (f) Report.--Not later than two years after the date of the \nenactment of this Act, the Secretary of the Air Force shall submit to \nthe appropriate committees of Congress a report on the demonstration \nprogram. The report shall include the following:\n (1) A description of the demonstration program and the \n participants in the demonstration program.\n (2) The outcome of the demonstration program, including--\n (A) the number of participants in the demonstration \n program that successfully completed the Basic Officer \n Training course or the Commissioned Officer Training \n course;\n (B) the number of participants in the demonstration \n program that were recommended for continued military \n service;\n (C) the issues that were encountered during the \n program; and\n (D) such recommendation for modifications to the \n demonstration program as the Secretary considers \n appropriate to increase further inclusion of \n individuals with auditory disabilities serving as \n officers in the Air Force or other Armed Forces.\n (3) Such recommendations for legislative or administrative \n action as the Secretary considers appropriate in light of the \n demonstration program.\n (g) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n (1) the Committee on Armed Services, the Committee on \n Health, Education, Labor, and Pensions, and the Committee on \n Appropriations of the Senate; and\n (2) the Committee on Armed Services and the Committee on \n Appropriations of the House of Representatives.","summary":"Requires the Secretary of the Air Force to carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments access as officers of the Air Force. Authorizes between 15 and 20 individuals who are deaf or have a range of other auditory impairments, who otherwise meet all essential qualifications for accession as an officer of the Air Force, and who have not previously served as officers to participate in such program. Requires selected participants to undergo the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama, at the election of the Secretary. Requires the Secretary to designate a special advisor to act as a resource for participants, as well as a liaison between participants and those providing the officer training.","title":"To require a demonstration program on the accession as Air Force officers of candidates with auditory impairments.","text_len":6510,"sum_len":849} {"bill_id":"108_hr2761","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Security Act of 2003''.\n\nSEC. 2. DEFINITIONS.\n\n Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is \namended--\n (1) by redesignating subsection jj. as subsection ii.; and\n (2) by adding at the end the following:\n ``jj. Design Basis Threat.--The term `design basis threat' means \nthe design basis threat established by the Commission under section \n73.1 of title 10, Code of Federal Regulations (or any successor \nregulation developed under section 170C).\n ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear \nfacility' means--\n ``(1) a commercial nuclear power plant and associated spent \n fuel storage facility;\n ``(2) a decommissioned nuclear power plant and associated \n spent fuel storage facility;\n ``(3) a category I fuel cycle facility;\n ``(4) a gaseous diffusion plant; and\n ``(5) any other facility licensed by the Commission, or \n used in the conduct of an activity licensed by the Commission, \n that the Commission determines should be treated as a sensitive \n nuclear facility under section 170C.''.\n\nSEC. 3. NUCLEAR SECURITY.\n\n (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 \nU.S.C. 2201 et seq.) is amended by adding at the end the following:\n\n``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE \n DESIGN BASIS THREAT.\n\n ``(a) Definitions.--In this section:\n ``(1) Nuclear security force.--The term `nuclear security \n force' means the nuclear security force established under \n subsection (b)(1).\n ``(2) Fund.--The term `Fund' means the Nuclear Security \n Fund established under subsection (e).\n ``(3) Qualification standard.--The term `qualification \n standard' means a qualification standard established under \n subsection (d)(2)(A).\n ``(4) Security plan.--The term `security plan' means a \n security plan developed under subsection (b)(2).\n ``(b) Nuclear Security.--The Commission shall--\n ``(1) establish a nuclear security force, the members of \n which shall be employees of the Commission, to provide for the \n security of all sensitive nuclear facilities against the design \n basis threat; and\n ``(2) develop and implement a security plan for each \n sensitive nuclear facility to ensure the security of all \n sensitive nuclear facilities against the design basis threat.\n ``(c) Security Plans.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Commission shall develop a \n security plan for each sensitive nuclear facility to ensure the \n protection of each sensitive nuclear facility against the \n design basis threat.\n ``(2) Elements of the plan.--A security plan shall \n prescribe--\n ``(A) the deployment of the nuclear security force, \n including--\n ``(i) numbers of the members of the nuclear \n security force at each sensitive nuclear \n facility;\n ``(ii) tactics of the members of the \n nuclear security force at each sensitive \n nuclear facility; and\n ``(iii) capabilities of the members of the \n nuclear security force at each sensitive \n nuclear facility;\n ``(B) other protective measures, including--\n ``(i) designs of critical control systems \n at each sensitive nuclear facility;\n ``(ii) restricted personnel access to each \n sensitive nuclear facility;\n ``(iii) perimeter site security, internal \n site security, and fire protection barriers;\n ``(iv) increases in protection for spent \n fuel storage areas;\n ``(v) placement of spent fuel in dry cask \n storage; and\n ``(vi) background security checks for \n employees and prospective employees; and\n ``(C) a schedule for completing the requirements of \n the security plan not later than 18 months after the \n date of enactment of this section.\n ``(3) Additional requirements.--A holder of a license for a \n sensitive nuclear facility under section 103 or 104 or the \n State or local government in which a sensitive nuclear facility \n is located may petition the Commission for additional \n requirements in the security plan for the sensitive nuclear \n facility.\n ``(4) Implementation of security plan.--Not later than 270 \n days after the date of enactment of this section, the \n Commission, in consultation with a holder of a license for a \n sensitive nuclear facility under section 103 or 104, shall, by \n direct action of the Commission or by order requiring action by \n the licensee, implement the security plan for the sensitive \n nuclear facility in accordance with the schedule under \n paragraph (2)(C).\n ``(5) Sufficiency of security plan.--If at any time the \n Commission determines that the implementation of the \n requirements of the security plan for a sensitive nuclear \n facility is insufficient to ensure the security of the \n sensitive nuclear facility against the design basis threat, the \n Commission shall immediately submit to Congress and the \n President a classified report that--\n ``(A) identifies the vulnerability of the sensitive \n nuclear facility; and\n ``(B) recommends actions by Federal, State, or \n local agencies to eliminate the vulnerability.\n ``(d) Nuclear Security Force.--\n ``(1) In general.--Not later than 90 days after the date of \n the enactment of this section, the Commission, in consultation \n with other Federal agencies, as appropriate, shall establish a \n program for the hiring and training of the nuclear security \n force.\n ``(2) Hiring.--\n ``(A) Qualification standards.--Not later than 30 \n days after the date of enactment of this section, the \n Commission shall establish qualification standards that \n individuals shall be required to meet to be hired by \n the Commission as members of the nuclear security \n force.\n ``(B) Examination.--The Commission shall develop \n and administer a nuclear security force personnel \n examination for use in determining the qualification of \n individuals seeking employment as members of the \n nuclear security force.\n ``(C) Criminal and security background checks.--The \n Commission shall require that an individual to be hired \n as a member of the nuclear security force undergo a \n criminal and security background check.\n ``(D) Disqualification of individuals who present \n national security risks.--The Commission, in \n consultation with the heads of other Federal agencies, \n as appropriate, shall establish procedures, in addition \n to any background check conducted under subparagraph \n (B), to ensure that no individual who presents a threat \n to national security is employed as a member of the \n nuclear security force.\n ``(3) Annual proficiency review.--\n ``(A) In general.--The Commission shall provide \n that an annual evaluation of each member of the nuclear \n security force is conducted and documented.\n ``(B) Requirements for continuation.--An individual \n employed as a member of the nuclear security force may \n not continue to be employed in that capacity unless the \n evaluation under subparagraph (A) demonstrates that the \n individual--\n ``(i) continues to meet all qualification \n standards;\n ``(ii) has a satisfactory record of \n performance and attention to duty; and\n ``(iii) has the knowledge and skills \n necessary to vigilantly and effectively provide \n for the security of a sensitive nuclear \n facility against the design basis threat.\n ``(4) Training.--\n ``(A) In general.--The Commission shall provide for \n the training of each member of the nuclear security \n force to ensure each member has the knowledge and \n skills necessary to provide for the security of a \n sensitive nuclear facility against the design basis \n threat.\n ``(B) Training plan.--Not later than 60 days after \n the date of enactment of this section, the Commission \n shall develop a plan for the training of members of the \n nuclear security force.\n ``(C) Use of other agencies.--The Commission may \n enter into a memorandum of understanding or other \n arrangement with any other Federal agency with \n appropriate law enforcement responsibilities, to \n provide personnel, resources, or other forms of \n assistance in the training of members of the nuclear \n security force.\n ``(e) Nuclear Security Fund.--\n ``(1) Establishment.--There is established in the Treasury \n of the United States a fund to be known as the `Nuclear \n Security Fund', which shall be used by the Commission to \n administer programs under this section to provide for the \n security of sensitive nuclear facilities.\n ``(2) Deposits in the fund.--The Commission shall deposit \n in the Fund--\n ``(A) the amount of fees collected under paragraph \n (5); and\n ``(B) amounts appropriated under subsection (f).\n ``(3) Investment of amounts.--\n ``(A) In general.--The Secretary of the Treasury \n shall invest such portion of the Fund as is not, in the \n judgment of the Secretary of the Treasury, required to \n meet current withdrawals. Investments may be made only \n in interest-bearing obligations of the United States.\n ``(B) Acquisition of obligations.--For the purpose \n of investments under subparagraph (A), obligations may \n be acquired--\n ``(i) on original issue at the issue price; \n or\n ``(ii) by purchase of outstanding \n obligations at the market price.\n ``(C) Sale of obligations.--Any obligation acquired \n by the Fund may be sold by the Secretary of the \n Treasury at the market price.\n ``(D) Credits to fund.--The interest on, and the \n proceeds from the sale or redemption of, any \n obligations held in the Fund shall be credited to and \n form a part of the Fund.\n ``(4) Use of amounts in the fund.--The Commission shall use \n amounts in the Fund to pay the costs of--\n ``(A) salaries, training, and other expenses of the \n nuclear security force; and\n ``(B) developing and implementing security plans.\n ``(5) Fee.--To ensure that adequate amounts are available \n to provide assistance under paragraph (4), the Commission shall \n assess licensees a fee in an amount determined by the \n Commission.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.''.\n (b) Implementation.--The Commission shall complete the full \nimplementation of the amendment made by subsection (a) as soon as \npracticable after the date of enactment of this Act, but in no event \nlater than 270 days after the date of enactment of this Act.\n (c) Technical and Conforming Amendment.--The table of contents for \nchapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is \namended by adding at the end the following:\n\n``170B. Uranium supply.\n``170C. Protection of sensitive nuclear facilities against the design \n basis threat.''.","summary":"Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat. And (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. Requires the NRC to establish a hiring and training program for the nuclear security force. Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.","title":"To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.","text_len":13350,"sum_len":860} {"bill_id":"115_hr5056","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Confederate Commemorative Works \nInventory and Joint Resource Study Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The American Civil War was fought between 1861 and \n 1865.\n (2) As early as 1864, efforts were underway to preserve \n places that had been the location of pivotal battles during the \n Civil War, even before surrender occurred.\n (3) The National Park Service preserves unimpaired the \n natural and cultural resources and values of the National Park \n System for the enjoyment, education, and inspiration of this \n and future generations, including sites dedicated to the \n interpretation of the American Civil War.\n (4) The National Park Service, the Department of Veterans \n Affairs, and the Department of Defense administer public lands \n that are responsible for Confederate commemorative works.\n (5) There are 147 national cemeteries in the United States. \n Fourteen are maintained by the Department of the Interior, \n through the National Park Service. The Department of Veterans \n Affairs, through the National Cemetery Administration, \n administers 131 cemeteries. The Department of Defense, through \n the Army, administers 2 cemeteries.\n (6) The Department of Defense has jurisdiction over--\n (A) 10 major United States military installations \n named in honor of Confederate military leaders; and\n (B) Navy ships named after Confederate victories.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act:\n (1) Confederate commemorative work.--The term ``Confederate \n commemorative work''--\n (A) means any work that mentions individuals or \n units who participated or served in the advancement of \n Confederate efforts; and\n (B) includes the Confederate flag and any other \n symbols or signage that honors the Confederacy, \n including any monument, statue, or plaque that honors a \n Confederate leader, soldier, or supporter of the \n Confederate States of America.\n (2) Confederate flag.--The term ``Confederate flag''--\n (A) means the national flag of the Confederacy from \n 1861 through 1865; and\n (B) includes the Stars and Bars, the Stainless \n Banner, the Blood-Stained Banner, the Confederate \n States Navy flag, the battle flag of the Army of \n Northern Virginia, any State or regimental flag as such \n flag was depicted during 1861-1865, and modern \n representations of the Confederate battle flag.\n (3) Director.--The term ``Director'' means the Director of \n the National Park Service.\n (4) Secretary concerned.--The term ``Secretary concerned'' \n means the Secretary of the Interior, the Secretary of Defense, \n and the Secretary of Veterans Affairs, each in reference to \n Federal land under the jurisdiction of that Secretary.\n\nSEC. 4. INVENTORY AND RESOURCE STUDY.\n\n (a) In General.--Each Secretary concerned shall--\n (1) conduct a full inventory of Confederate commemorative \n works under the administrative jurisdiction of that Secretary; \n and\n (2) submit a copy of that inventory to the Director.\n (b) Contents of Study.--Using the inventories received pursuant to \nsubsection (a), the Director shall conduct a special resource study \nthat--\n (1) examines works, commemorating and interpreting the \n Civil War, the commemoration thereof, the soldiers, people on \n the home front and battle lines, and the related locations in \n the United States from 1861 through 1865; and\n (2) identifies--\n (A) a historical assessment, based on extensive \n research, of each inventoried Confederate commemorative \n work;\n (B) an evaluation of the suitability and \n feasibility of retaining the Confederate commemorative \n work;\n (C) the identification of properties that could \n meet criteria for listing in the National Register of \n Historic Places or criteria for designation as National \n Historic Landmarks or if the Confederate commemorative \n work is already on the or part of, another designation \n or district;\n (D) an evaluation of relevant historical research \n on, education about, interpretation of, and public \n awareness of the Confederate commemorative work; and\n (E) any other matters that the Director determines \n to be appropriate for this study.\n (c) Report.--Not later than 2 years after funds are made available \nfor the study, the Secretary of the Interior shall submit to the \nCommittee on Natural Resources of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a report \ncontaining the findings of the study required under subsection (b) and \nany related recommendations.","summary":"Confederate Commemorative Works Inventory and Joint Resource Study Act This bill directs the Departments of the Interior, Defense, and Veterans Affairs to each conduct a full inventory of specified Confederate commemorative works, including flags and other symbols or signage, on the public lands under their jurisdiction. Using such inventories, the National Park Service shall conduct a special resource study to examine the works commemorating and interpreting the Civil War and commemorating, with respect to such war, the soldiers, people on the home front and battle lines, and related locations in the United States from 1861-1865. Among contents required to be identified by the study are historical assessments of each work, the suitability and feasibility of retaining works, identification of properties that could meet the criteria for designation as national historic sites, and an evaluation of historical research.","title":"Confederate Commemorative Works Inventory and Joint Resource Study Act","text_len":5460,"sum_len":929} {"bill_id":"112_s1591","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Raoul Wallenberg Centennial \nCelebration Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Raoul Wallenberg was born in Europe on August 4, 1912, \n to Swedish Christian parents.\n (2) In 1935, he graduated from the University of Michigan \n in Ann Arbor.\n (3) In a letter to his grandfather, Wallenberg wrote of his \n time in America: ``I feel so at home in my little Ann Arbor \n that I'm beginning to sink down roots here and have a hard time \n imagining my leaving it . . . Every now and then I feel strange \n when I think about how tiny my own country is and how large and \n wonderful America is.''.\n (4) Raoul returned to Sweden, where he began a career as a \n businessman, and afterwards, a Swedish diplomat.\n (5) In 1936, Raoul's grandfather arranged a position for \n him at the Holland Bank in Haifa, Palestine. There, Raoul began \n to meet young Jews who had already been forced to flee from \n Nazi persecution in Germany. Their stories affected him deeply.\n (6) He was greatly troubled by the fate of Jews in Europe, \n confiding to actress Viveca Lindfors the horrific plight of \n Jews under Nazi Europe.\n (7) Under the direction of President Franklin D. Roosevelt, \n the War Refugee Board was established in January 1944, to aid \n civilians who fell victim to the Nazi and Axis powers in \n Europe.\n (8) One of War Refugee Board's top priorities was \n protection of the 750,000 remaining Jews in Hungary.\n (9) It was decided that Raoul Wallenberg, aged 31 at the \n time, would be most effective in protecting Jews and victims of \n the Nazis in Hungary under the War Refugee Board. He was \n recruited by Iver Olsen, an agent for the United States Office \n of Strategic Services and sent to Budapest, Hungary, under his \n official profession as a Swedish diplomat. He was instructed to \n use passports and other creative means to save as many lives as \n possible.\n (10) Wallenberg created a new Swedish passport, the \n Schutzpass, which looked more imposing and official than the \n actual Swedish passport. He reportedly put up huge placards of \n it throughout Budapest to familiarize the Nazis with it. He \n unilaterally announced that it granted the holder immunity from \n the death camps. The Schutzpasses alone are credited with \n saving 20,000 Jewish lives.\n (11) In one example of his heroism, Wallenberg was told of \n a Nazi plot to round up several thousand Jewish women and acted \n swiftly to save them. Former Wallenberg staffer, Agnes Adachi, \n recalls the time, when she and her colleagues spent the whole \n night making approximately 2,000 Schutzpasses before 6 a.m. \n They were all completed and personally delivered to the women \n in time to save their lives.\n (12) Using the money the United States deposited with the \n War Refugee Board, Wallenberg was able to purchase \n approximately 30 buildings, which he used as hospitals, \n schools, soup kitchens, and safe houses for over 8,000 children \n whose parents had already been deported or killed.\n (13) Tommy Lapid, a young boy who was staying with his \n mother in a Swedish safe house (his father was already dead), \n gave an eyewitness account of how his family was helped by \n Wallenberg and the War Refugee Board: ``One morning, a group of \n Hungarian Fascists came into the house and said that all the \n able-bodied women must go with them. We knew what this meant. \n My mother kissed me and I cried and she cried. We knew we were \n parting forever and she left me there, an orphan to all intents \n and purposes. Then two or three hours later, to my amazement, \n my mother returned with the other women. It seemed like a \n mirage, a miracle. My mother was there--she was alive and she \n was hugging me and kissing me, and she said one word: \n Wallenberg.''.\n (14) Even as the war was coming to a close, Wallenberg \n remained vigilant and attentive to the people under his care. \n Adolf Eichmann, the SS colonel charged with the extermination \n of Jews in Eastern Europe, was determined to exterminate the \n 70,000 Jews kept as prisoners in a guarded ghetto in Budapest. \n As soon as Wallenberg heard of the plot, he sent Pal Szalay, an \n Arrow-Crossman senior official, who defected and turned to \n Wallenberg. Szalay was sent to speak to General Schmidthuber, \n who was ordered to spearhead the ghetto extermination in \n Budapest. Szalay informed Schmidthuber that, seeing as the war \n was coming to an end, if the planned massacre took place, \n Wallenberg would see to it personally that Schmidthuber would \n be prosecuted as a war criminal and hanged. The plans were \n ultimately abandoned and considered Wallenberg's last big \n victory.\n (15) Of the 120,000 Jews in Hungary that survived, Raoul \n Wallenberg, acting under the War Refugee Board, is credited \n with saving an estimated 100,000 of them in a 6-month period.\n (16) These findings show that Raoul Wallenberg showed \n exceptional heroism and bravery with his actions during the \n Holocaust. Working with the War Refugee Board, a United States \n agency, he was able to save approximately 100,000 Jews in \n Hungary, many of whom were later able to immigrate to the \n United States.\n (17) Indeed, many American Jews can directly or indirectly \n attribute their own lives to Raoul Wallenberg's actions during \n World War II. Many of the people Wallenberg saved have been \n influential citizens contributing to American institutions and \n culture, including Congressman Tom Lantos (February 1, 1928-\n February 11, 2008) and the Liska Rebbe, Rabbi Yoizef (Joseph) \n Friedlander, who carried forth the Liska Hassidic dynasty from \n Hungary to the United States after being saved by Raoul \n Wallenberg.\n (18) His actions and character make him an excellent \n contender for a Congressional Gold Medal in time for the \n centennial of his birth, to celebrate his achievements and \n humanitarian accomplishments.\n\nSEC. 3. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--The Speaker of the House of \nRepresentatives and the President pro tempore of the Senate shall make \nappropriate arrangements for the presentation, on behalf of the \nCongress, of a gold medal of appropriate design to the next of kin or \npersonal representative of Raoul Wallenberg, in recognition of his \nachievements and heroic actions during the Holocaust.\n (b) Design and Striking.--For the purpose of the presentation \nreferred to in subsection (a), the Secretary of the Treasury (in this \nAct referred to as the ``Secretary'') shall strike a gold medal with \nsuitable emblems, devices, and inscriptions, to be determined by the \nSecretary.\n\nSEC. 4. DUPLICATE MEDALS.\n\n Under such regulations as the Secretary (in this Act referred to as \nthe ``Secretary'') may prescribe, the Secretary may strike duplicate \nmedals in bronze of the gold medal struck pursuant to section 3 and \nsell such duplicate medals at a price sufficient to cover the costs of \nthe duplicate medals (including labor, materials, dies, use of \nmachinery, overhead expenses) and the cost of the gold medal.\n\nSEC. 5. STATUS OF MEDALS.\n\n (a) National Medals.--The medals struck pursuant to this Act are \nnational medals for purposes of chapter 51 of title 31, United States \nCode.\n (b) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all medals struck under this Act shall be \nconsidered to be numismatic items.\n\nSEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.\n\n (a) Authorization of Charges.--There is authorized to be charged \nagainst the United States Mint Public Enterprise Fund, such amounts as \nmay be necessary to pay for the costs of the medals struck pursuant to \nthis Act.\n (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals under section 4 shall be deposited in the United States \nMint Public Enterprise Fund.","summary":"Raoul Wallenberg Centennial Celebration Act - Directs The Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of the Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.","title":"A bill to award a Congressional Gold Medal to Raoul Wallenberg, in recognition of his achievements and heroic actions during the Holocaust.","text_len":8658,"sum_len":379} {"bill_id":"103_hr2357","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Women's Business Procurement \nAssistance Act of 1993''.\n\nSEC. 2. GOAL SETTING.\n\n Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is \namended--\n (1) in paragraph (1) by inserting ``, small business \n concerns owned and controlled by women,'' after ``small \n business concerns'' the first place it appears in the first \n sentence and the first place it appears in the fourth sentence;\n (2) in the first sentence of paragraph (2) by inserting \n ``by small business concerns owned and controlled by women,'' \n after ``small business concerns,'';\n (3) in the second sentence of paragraph (2) by inserting \n ``, small business concerns owned and controlled by women,'' \n after ``small business concerns'' the first place it appears; \n and\n (4) in the fourth sentence of paragraph (2) by inserting \n ``small business concerns owned and controlled by women and'' \n after ``including participation by''.\n\nSEC. 3. REPORTING.\n\n Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is \namended--\n (1) by inserting ``, small business concerns owned and \n controlled by women,'' after ``small business concerns'' the \n first place it appears in paragraph (1), the first place it \n appears in paragraph (2)(A), and the first place it appears in \n paragraph (2)(D);\n (2) in paragraph (1) by inserting ``and subcontracts'' \n after ``contracts'';\n (3) by adding at the end of paragraph (1) the following new \n sentence: ``The Administration shall submit to the Committee on \n Small Business of the Senate and the Committee on Small \n Business of the House of Representatives information obtained \n from such reports, together with appropriate comments.''; and\n (4) in paragraph (2)(F) by striking ``women-owned small \n business enterprises'' and inserting ``small business concerns \n owned and controlled by women''.\n\nSEC. 4. SUBCONTRACTING.\n\n (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act \n(15 U.S.C. 637(d)(1)) is amended--\n (1) in the first sentence by inserting ``small business \n concerns owned and controlled by women,'' after ``small \n business concerns,''; and\n (2) in the second sentence by inserting ``, small business \n concerns owned and controlled by women,'' after ``small \n business concerns'' the first place it appears.\n (b) Contract Clause.--The contract clause specified in section \n8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as \nfollows:\n (1) Subparagraph (A) of such clause is amended by inserting \n ``, small business concerns owned and controlled by women,'' \n after ``small business concerns'' the first place it appears in \n the first sentence and the first place it appears in the second \n sentence.\n (2) Subparagraph (C) of such clause is amended to read as \n follows:\n ``(C)(i) As used in this contract, the term `small business \n concern' means a small business concern as defined pursuant to \n section 3 of the Small Business Act and relevant regulations \n promulgated pursuant thereto.\n ``(ii) As used in this contract, the term `small business \n concern owned and controlled by socially and economically \n disadvantaged individuals' means a small business concern--\n ``(I) which is at least 51 percent owned by one or \n more socially and economically disadvantaged \n individuals; or, in the case of any publicly owned \n business, at least 51 percent of the stock of which is \n owned by one or more socially and economically \n disadvantaged individuals; and\n ``(II) whose management and daily business \n operations are controlled by one or more of such \n individuals.\n The contractor shall presume that socially and economically \n disadvantaged individuals include Black Americans, Hispanic \n Americans, Native Americans, Asian Pacific Americans, and other \n minorities, or any other individual found to be disadvantaged \n by the Administration pursuant to section 8(a) of the Small \n Business Act.\n ``(iii) As used in this contract, the term `small business \n concern owned and controlled by women' means a small business \n concern--\n ``(I) which is at least 51 percent owned by one or \n more women; or, in the case of any publicly owned \n business, at least 51 percent of the stock of which is \n owned by one or more women; and\n ``(II) whose management and daily business \n operations are controlled by such women.\n The contractor shall presume that women have been subjected to \n gender based discrimination and may determine whether a small \n business concern meets the percentage requirements under \n subclause (I) without regard to the community property laws of \n any jurisdiction.''.\n (c) Conforming Amendments.--Section 8(d) of the Small Business Act \n(15 U.S.C. 637(d)) is amended by inserting ``, small business concerns \nowned and controlled by women,'' after ``small business concerns'' the \nfirst place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), \n(6)(C), (6)(F), (10)(B), and (11).\n (d) Exclusion.--No business concern shall be deemed eligible for \nany contract or other assistance pursuant to section 2323 of title 10, \nUnited States Code, due solely to the provisions of this section.\n\nSEC. 5. WOMEN-IN-BUSINESS SPECIALISTS.\n\n Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is \namended--\n (1) by inserting ``(1)'' after ``(k)'';\n (2) by redesignating paragraphs (1), (2), (3), (4), (5), \n (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), \n (E), (F), (G), (H), and (I), respectively;\n (3) by striking ``and'' at the end of subparagraph (H) (as \n redesignated);\n (4) in subparagraph (I) (as redesignated), by striking out \n the period after ``Code'' and all that follows through ``shall \n be made'' and inserting in lieu thereof a comma, and by \n striking the period after ``contract file'' and inserting ``, \n and'';\n (5) by inserting after subparagraph (I) (as redesignated) \n the following new subparagraph:\n ``(J) subject to paragraph (2)(A), designate an employee of \n such office to be a women-in-business specialist responsible \n for the implementation and execution of programs designed to \n assist small business concerns owned and controlled by \n women.'';\n (6) by designating the last sentence as paragraph (2); and\n (7) by adding at the end the following new paragraph:\n ``(3)(A) The Director of Small and Disadvantaged Business \nUtilization in a Federal agency shall ensure that the women-in-business \nspecialist designated pursuant to paragraph (1)(J) has sufficient \nknowledge of small business concerns owned and controlled by women and \nthe Federal procurement process, other appropriate qualifications, and \nappropriate training from the Office of Women's Business Ownership to \neffectively carry out the specialist's responsibilities under this Act.\n ``(B) Each women-in-business specialist designated pursuant to \nparagraph (1)(J) in a Federal agency shall work full time to initiate \nand execute programs to assist small business concerns owned and \ncontrolled by women in participating in the performance of contracts \nlet by the agency. The specialist shall--\n ``(i) respond to requests from small business concerns \n owned and controlled by women;\n ``(ii) identify and solicit offers from small business \n concerns owned and controlled by women, as required under \n section 15(p) of this Act, through means such as sending \n solicitation packages to such concerns for each proposed \n contract for which such concerns may be eligible to compete and \n holding workshops on procurement for such concerns; and\n ``(iii) regularly monitor the agency's progress toward \n meeting the annual goal established under subsection (g) for \n participation by small business concerns owned and controlled \n by women.''.\n\nSEC. 6. OUTREACH.\n\n Section 15 the Small Business Act (15 U.S.C. 644) is amended by \nadding at the end the following new subsection:\n ``(p) Each Federal agency having procurement powers shall engage in \naffirmative efforts to identify and solicit offers from small business \nconcerns owned and controlled by women and the small business concerns \nowned and controlled by socially and economically disadvantaged \nindividuals. To the maximum extent practicable, a representative number \nof such concerns shall receive solicitation packages for each proposed \nacquisition for which such concerns may be eligible to compete.''.\n\nSEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP.\n\n The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding \nat the end the following new section:\n\n``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.\n\n ``(a) Establishment.--There is established in the Small Business \nAdministration the Office of Women's Business Ownership (hereinafter in \nthis section referred to as the `Office').\n ``(b) Director.--The Director of the Office (hereinafter in this \nsection referred to as the `Director') shall be appointed by the \nAdministrator not later than sixty days after the date of the enactment \nof this section.\n ``(c) Functions.--The Director shall perform the following \nfunctions:\n ``(1) Promote, coordinate, and monitor the plans, programs, \n and operations of Federal departments and agencies which may \n contribute to the establishment, preservation, and \n strengthening of small business concerns owned and controlled \n by women. The Director may, as appropriate, develop \n comprehensive interagency plans and specific program goals for \n small business concerns owned and controlled by women with the \n cooperation of the departments and agencies.\n ``(2) Establish policies, definitions, procedures, and \n guidelines to govern the implementation, interpretation, and \n application of this section, and generally perform such \n functions and take such steps as the Director may consider to \n be necessary or appropriate to carry out this section.\n ``(3) Promote the mobilization of activities and resources \n of State and local governments, business and trade \n associations, private industry, colleges and universities, \n foundations, professional organizations, and volunteer and \n other groups toward the growth of small business concerns owned \n and controlled by women, and facilitate the coordination of the \n efforts of such groups with those of Federal departments and \n agencies.\n ``(4) Make an annual assessment of the progress made in the \n Federal Government toward assisting small business concerns \n owned and controlled by women to enter the mainstream of \n business ownership and provide recommendations for future \n actions to the Administrator.\n ``(5) Convene and consult (as necessary) with persons \n inside and outside government to develop and promote new ideas \n concerning the development of small business concerns owned and \n controlled by women.\n ``(6) Consider the findings and recommendations of \n government and private sector investigations and studies of the \n problems of women entrepreneurs, and promote further research \n into such problems.\n ``(7) Monitor the contracting and subcontracting \n performance of each department, agency, and business enterprise \n participating under this section.\n ``(8) Promote access and participation for small business \n concerns owned and controlled by women to a fair proportion of \n the broad array of purchases and contracts for property and \n services for the Federal Government.\n ``(9) Provide training as needed to women-in-business \n specialists designated pursuant to section 15(k)(1)(J) to carry \n out their responsibilities under this Act.''.\n\nSEC. 8. GENERAL ACCOUNTING OFFICE REPORT.\n\n (a) Report Requirement.--Not later than 3 years after the date of \nthe enactment of this Act, the Comptroller General shall submit to \nCongress a report comparing the number of small business concerns owned \nand controlled by women procuring Federal contracts during the year \npreceding the date of the enactment of this Act with the number of such \nbusinesses during each of the 3 years occurring after such date. If the \nnumber of such businesses did not increase significantly by the end of \nthe 3-year period beginning on the date of the enactment of this Act, \nthe Comptroller General shall include in the report recommendations on \nactions that could be taken to increase the number.\n (b) Sense of Congress.--If the report required under subsection (a) \nshows that the number of small business concerns owned and controlled \nby women did not increase significantly by the end of the 3-year period \nbeginning on the date of the enactment of this Act, it is the sense of \nCongress that further legislative steps should be taken to ensure that \nthe number of Federal contracts entered into with small business \nconcerns owned and controlled by women realistically reflects the \npotential of such business concerns to perform Federal contracting and \nsubcontracting work.","summary":"Women's Business Procurement Assistance Act of 1993 - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. Declares that it is the policy of the United States that such business concerns should have the maximum opportunity to participate in the Federal procurement contract process. Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a women-in-business specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. Requires that each such specialist: (1) possess the appropriate knowledge, qualifications, and training for such position. And (2) work full-time in such position. Establishes in the Small Business Administration the Office of Women's Business Ownership. Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken.","title":"Women's Business Procurement Assistance Act of 1993","text_len":14214,"sum_len":1281} {"bill_id":"103_hr1233","text":"SECTION 1. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN \n COMMODITIES AFTER IMPORTATION.\n\n (a) Definitions.--For purposes of this section:\n (1) Entry.--The term ``entry'' means the entry into, or the \n withdrawal from warehouse for consumption in, the customs \n territory of the United States.\n (2) Foreign commodity.--The term ``foreign commodity'' \n means any of the following, if a product of any foreign country \n or instrumentality:\n (A) Wheat provided for in heading 1001 of the \n Harmonized Tariff Schedule of the United States.\n (B) Soybeans provided for in heading 1201.00.00 of \n such Schedule.\n (C) Barley provided for in heading 1003.00 of such \n Schedule.\n (D) Oats provided for in heading 1004.00.00 of such \n Schedule.\n (E) Corn provided for in heading 1005 of such \n Schedule.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (b) Certification Requirements Regarding Foreign Commodities.--\n (1) End-use certificate.--An end-use certificate that meets \n the requirements of subsection (c) shall be included in the \n documentation covering the entry of any foreign commodity.\n (2) Quarterly reports.--A consignee of any imported foreign \n commodity shall submit to the Secretary a quarterly report that \n certifies--\n (A) what quantity of the foreign commodity covered \n by an end-use certificate was used by the consignee \n during the quarter; and\n (B) that the commodity referred to in paragraph (1) \n was used by the consignee for the purpose stated in the \n end-use certificate.\n (c) End-Use Certificate and Quarterly Report Content.--The end-use \ncertificates and quarterly reports required under subsection (b) shall \nbe in such form, and require such information, as the Secretary \nconsiders necessary or appropriate to carry out the purposes of this \nsection, including--\n (1) in the case of the end-use certificate--\n (A) the name and address of the importer of record \n of the foreign commodity;\n (B) the name and address of the consignee of the \n commodity;\n (C) the identification of the country of origin of \n the commodity;\n (D) a description by class and quantity of the \n commodity covered by the certificate;\n (E) the sales price of the commodity in the country \n of origin, if the Secretary considers such datum \n necessary to facilitate the enforcement of the trade \n laws and international agreements of the United States;\n (F) specification of the purpose for which the \n consignee will use the commodity; and\n (G) the identification of the transporter of the \n commodity from the port of entry to the processing \n facility of the consignee; and\n (2) in the case of the quarterly report--\n (A) the information referred to in subparagraphs \n (A) and (B) of paragraph (1);\n (B) the identification of the end-use certificates \n currently held by the consignee;\n (C) a statement of the quantity of the foreign \n commodity covered by each of the end-use certificates \n identified under subparagraph (B) that was used during \n the quarter; and\n (D) a statement of the use made during the quarter \n by the consignee of each quantity referred to in \n subparagraph (C).\n (d) Regulations.--The Secretary shall prescribe such requirements \nregarding the preparation and submission of the quarterly reports \nrequired under subsection (b)(2) as may be necessary or appropriate to \ncarry out the purposes of this section.\n (e) Penalties.--\n (1) Customs penalties.--End-use certificates required under \n this section shall be treated as any other customs \n documentation for purposes of applying the customs laws that \n prohibit the entry, or the attempt to enter, merchandise by \n fraud, gross negligence, or negligence.\n (2) Civil penalties.--Any person who knowingly violates any \n requirement prescribed by the Secretary to carry out this \n section is punishable by a civil penalty in an amount not to \n exceed $10,000.\n (f) Entry Prohibited Unless End-Use Certificate Presented.--The \nCommissioner of Customs may not permit the entry of any foreign \ncommodity unless the importer of record presents at the time of entry \nof the commodity an end-use certificate that complies with the \napplicable requirements of subsection (c).\n\nSEC. 2. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL \n COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS.\n\n (a) Opportunity for Hearing.--The Commodity Credit Corporation \nshall provide a person with an opportunity for a hearing before \nsuspending or debarring the person from participation in an \nagricultural trade program for using a foreign agricultural commodity \nin violation of the terms and conditions of the program.\n (b) Waiver.--\n (1) In general.--The Commodity Credit Corporation may waive \n the suspension or debarment of a person from participation in \n an agricultural trade program for using a foreign agricultural \n commodity in violation of the terms and conditions of the \n program if the person demonstrates, to the satisfaction of the \n Corporation, that--\n (A) the use of the commodity was unintentional; and\n (B) the quantity of the foreign agricultural \n commodity used was less than 1 percent of the total \n quantity of the commodity involved in the transaction.\n (2) Other penalties.--Any waiver by the Commodity Credit \n Corporation of a suspension or debarment of a person under \n paragraph (1) shall not affect the liability of the person for \n any other penalty imposed under an agricultural trade program \n for the quantity of the foreign agricultural commodity \n involved.","summary":"Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain. And (2) submit to the Secretary of Agriculture certain quarterly reports regarding its use. Sets forth civil penalties for violation of this Act. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Requires the Commodity Credit Corporation to provide persons with an opportunity for a hearing before suspending or debarring them from participation in an agricultural trade program for using such grain in violation of it.","title":"To improve monitoring of the domestic uses made of certain foreign commodities after importation, and for other purposes.","text_len":6660,"sum_len":666} {"bill_id":"107_s376","text":"SECTION 1. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE \n FOR COUNTRIES NOT COOPERATING WITH UNITED STATES \n COUNTERDRUG EFFORTS.\n\n (a) In General.--Chapter 8 of part I of the Foreign Assistance Act \nof 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON \n ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED \n STATES COUNTERDRUG EFFORTS.\n\n ``(a) Annual Identification of Countries Not Cooperating.--Not \nlater than November 1 of 2001, 2002, and 2003, the President shall \nsubmit to the appropriate committees of Congress a report identifying \neach country, if any, that the President proposes to be subject to the \nprovisions of subsection (f) in the fiscal year in which the country is \nso identified by reason that such country--\n ``(1) is not cooperating fully with the United States in \n achieving full compliance with the goals and objectives of the \n United Nations Convention Against Illicit Traffic in Narcotic \n Drugs and Psychotropic Substances;\n ``(2) is not taking adequate steps on its own to achieve \n full compliance with the goals and objectives of the \n Convention; or\n ``(3) is not taking adequate steps to achieve full \n compliance with the goals and objectives of a bilateral \n agreement with the United States on illicit drug control.\n ``(b) Countries Subject to Withholding of Bilateral Assistance and \nOpposition to Multilateral Assistance.--\n ``(1) Identification.--Not later than March 1 of 2002, \n 2003, and 2004, the President shall submit to the appropriate \n committees of Congress a report identifying each country, if \n any, that shall be subject to the provisions of subsection (f) \n during the fiscal year in which the country is so identified \n under this subsection by reason of its identification in the \n most recent report under subsection (a).\n ``(2) Limitation on countries identified.--A country may be \n identified in a report under paragraph (1) only if the country \n is also identified in the most recent report under subsection \n (a).\n ``(c) Considerations Regarding Cooperation.--In determining whether \nor not a country is to be identified in a report under subsection (a) \nor (b), the President shall consider the extent to which the country--\n ``(1) has met the goals and objectives of the United \n Nations Convention Against Illicit Traffic in Narcotic Drugs \n and Psychotropic Substances, including action on such matters \n as illicit cultivation, production, distribution, sale, \n transport, financing, money laundering, asset seizure, \n extradition, mutual legal assistance, law enforcement and \n transit cooperation, precursor chemical control, and demand \n reduction;\n ``(2) has accomplished the goals described in the \n applicable bilateral narcotics control agreement with the \n United States or a multilateral agreement;\n ``(3) has taken legal and law enforcement measures to \n prevent and punish public corruption, especially by senior \n government officials, that facilitates the production, \n processing, or shipment of narcotic and psychotropic drugs and \n other controlled substances, or that discourages the \n investigation or prosecution of such acts; and\n ``(4) in the case of a country that is a producer of licit \n opium--\n ``(A) maintains licit production and stockpiles of \n opium at levels no higher than those consistent with \n licit market demand; and\n ``(B) has taken adequate steps to prevent \n significant diversion of its licit cultivation and \n production of opium into illicit markets and to prevent \n illicit cultivation and production of opium.\n ``(d) Omission for National Security Reasons.--\n ``(1) In general.--The President may omit from \n identification in a report under subsection (b) a country \n identified in the most recent report under subsection (a) if \n the President determines that the vital national security \n interests of the United States require that the country be so \n omitted.\n ``(2) Notice to congress.--If the President omits a country \n under paragraph (1) from a report under subsection (b), the \n President shall include in the report under that subsection--\n ``(A) a full and complete description of the vital \n national security interests of the United States placed \n at risk if the country is not so omitted; and\n ``(B) a statement weighing the risk described in \n subparagraph (A) against the risk posed to the vital \n national security interests of the United States by \n reason of the failure of the country to cooperate fully \n with the United States in combatting narcotics or to \n take adequate steps to combat narcotics on its own.\n ``(e) Congressional Action.--\n ``(1) In general.--The provisions of subsection (f) shall \n apply to a country in a fiscal year if Congress enacts a joint \n resolution, not later than March 30 of the fiscal year, \n providing that such provisions shall apply to the country in \n the fiscal year.\n ``(2) Covered countries.--A joint resolution referred to in \n paragraph (1) may apply to a country for a fiscal year only if \n the country was not identified in the report in the fiscal year \n under subsection (b).\n ``(3) Senate procedures.--Any joint resolution under this \n subsection shall be considered in the Senate in accordance with \n the provisions of section 601(b) of the International Security \n Assistance and Arms Export Control Act of 1976 (Public Law 94-\n 329; 90 Stat. 765), except that for purposes of that section \n the certification referred to in section 601(a)(2)(B) of that \n Act shall be the applicable report of the President under \n subsection (b) of this section.\n ``(f) Withholding of Bilateral Assistance and Opposition to \nMultilateral Assistance.--\n ``(1) Bilateral assistance.--Commencing on March 1 of a \n fiscal year in which a country is identified in a report under \n subsection (b), or March 31 in the case of a country covered by \n a joint resolution enacted in accordance with subsection (e), \n fifty percent of the United States assistance allocated to the \n country for the fiscal year in the report required by section \n 653 shall be withheld from obligation and expenditure.\n ``(2) Multilateral assistance.--Commencing on March 1 of a \n year in which a country is identified in a report under \n subsection (b), or March 31 in the case of a country covered by \n a joint resolution enacted in accordance with subsection (e), \n the Secretary of the Treasury shall instruct the United States \n Executive Director of each multilateral development bank to \n vote, on and after that date, against any loan or other \n utilization of the funds of such institution for the country.\n ``(3) Multilateral development bank defined.--In this \n subsection, the term `multilateral development bank' means the \n following:\n ``(A) The International Bank for Reconstruction and \n Development.\n ``(B) The International Development Association.\n ``(C) The Inter-American Development Bank.\n ``(D) The Asian Development Bank.\n ``(E) The African Development Bank.\n ``(F) The European Bank for Reconstruction and \n Development.\n ``(g) Appropriate Committees of Congress Defined.--In this section, \nthe term `appropriate committees of Congress' means the following:\n ``(1) The Committees on Foreign Relations and \n Appropriations of the Senate.\n ``(2) The Committees on International Relations and \n Appropriations of the House of Representatives.''.\n (b) Relationship to Current Certification Process.--Section 490 of \nthe Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by \nadding at the end the following new subsection:\n ``(i) Limitation on Applicability.--This section shall not apply \nduring fiscal years 2002, 2003, and 2004. For limitations on assistance \nduring those fiscal years for countries not cooperating with United \nStates counterdrug efforts see section 490A.''.\n (c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by \ninserting after ``under section 490(h)'' the following ``or, in 2002, \n2003, and 2004, as otherwise determined by the President for purposes \nof this section''.\n\nSEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN \n INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.\n\n Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. \n2291h), as amended by this Act, is further amended--\n (1) in subsection (a), by adding after the flush matter at \n the end of paragraph (7) the following new paragraph (8):\n ``(8) The identity of each organization determined by the \n President to be a major drug trafficking organization, \n including a description of the activities of such organization \n during the 2 fiscal years preceding the fiscal year of the \n report.''; and\n (2) by adding at the end the following new subsection:\n ``(c) Definitions.--In this section:\n ``(1) Major drug trafficking organization.--The term `major \n drug trafficking organization' means any organization engaged \n in substantial amounts of illicit activity to cultivate, \n produce, manufacture, distribute, sell, finance, or transport \n narcotic drugs, controlled substances, or listed chemicals, \n engages in money laundering or proceeds from such activities, \n or otherwise endeavor or attempt to do so, or to assist, abet, \n conspire, or collude with others to do so.\n ``(2) Narcotic drug; controlled substance; listed \n chemical.--The terms `narcotic drug', `controlled substance', \n and `listed chemical' have the meanings given those terms in \n section 102 of the Controlled Substances Act (21 U.S.C. \n 802).''.","summary":"Amends the Foreign Assistance Act of 1961 to modify, for a three year period, certain procedures for the provision of development assistance to foreign countries not cooperating with US counterdrug efforts. Requires the President, for each fiscal year during such period, to identify to the appropriate congressional committees any country the President proposes to subject to the withholding of half of any allocated bilateral assistance, and to opposition to any multilateral assistance to such country, because it is not: (1) cooperating with the United States in achieving full compliance with the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. (2) taking adequate steps on its own to achieve full compliance with the Convention. Or (3) taking adequate steps to achieve full compliance with a bilateral agreement with the United States on illicit drug control. Requires the inclusion of the identity of major drug trafficking organizations in the President's annual international narcotics control strategy report.","title":"A bill to amend the Foreign Assistance Act of 1961 to modify for fiscal years 2002 through 2004 the procedures relating to assistance for countries not cooperating in United States counterdrug efforts, and for other purposes.","text_len":10969,"sum_len":1096} {"bill_id":"112_hr6021","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rehab and Ahmed Amer Foster Care \nImprovement Act of 2012''.\n\nSEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A \n CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS.\n\n (a) In General.--Section 471(a)(29) of the Social Security Act (42 \nU.S.C. 671(a)(29)) is amended to read as follows:\n ``(29) provides that--\n ``(A) within 30 days after the removal of a child \n from the custody of the parent or parents of the child, \n the State shall exercise due diligence to identify and \n provide notice to all adult grandparents and other \n adult relatives of the child (including any other adult \n relatives suggested by the parents), subject to \n exceptions due to family or domestic violence, that--\n ``(i) specifies that the child has been or \n is being removed from the custody of the parent \n or parents of the child;\n ``(ii) explains the options the relative \n has under Federal, State, and local law to \n participate in the care and placement of the \n child, including any options that may be lost \n by failing to respond to the notice;\n ``(iii) describes the requirements under \n paragraph (10) of this subsection to become a \n foster family home and the additional services \n and supports that are available for children \n placed in such a home; and\n ``(iv) if the State has elected the option \n to make kinship guardianship assistance \n payments under paragraph (28) of this \n subsection, describes how the relative guardian \n of the child may subsequently enter into an \n agreement with the State under section 473(d) \n to receive the payments;\n ``(B) within 90 days after the State makes a \n placement decision with respect to the child, the State \n shall provide notice of the decision and the reasons \n therefor to each parent of the child, each relative who \n has expressed to the State an interest in caring for \n the child, the guardian, and the guardian ad litem for \n the child, the attorney for the child, the attorney for \n each parent of the child, the child (if the child is \n able to express an opinion regarding placement), and \n the prosecutor involved; and\n ``(C) the State shall establish procedures to--\n ``(i) allow a person who receives a notice \n pursuant to subparagraph (B) to request, in \n writing, within 5 days after receipt of the \n notice, documentation of the reasons for the \n decision involved;\n ``(ii) allow the attorney for the child to \n petition the court involved to review the \n decision; and\n ``(iii) require the court to--\n ``(I) commence such a review within \n 7 days after receipt of a petition made \n pursuant to clause (ii); and\n ``(II) conduct such a review on the \n record;''.\n (b) Effective Date.--\n (1) In general.--The amendment made by subsection (a) shall \n take effect on the 1st day of the 1st fiscal year beginning on \n or after the date of the enactment of this Act, and shall apply \n to payments under part E of title IV of the Social Security Act \n for calendar quarters beginning on or after such date.\n (2) Delay permitted if state legislation required.--If the \n Secretary of Health and Human Services determines that State \n legislation (other than legislation appropriating funds) is \n required in order for a State plan approved under part E of \n title IV of the Social Security Act to meet the additional \n requirements imposed by the amendment made by subsection (a), \n the plan shall not be regarded as failing to meet any of the \n additional requirements before the 1st day of the 1st calendar \n quarter beginning after the first regular session of the State \n legislature that begins after the date of the enactment of this \n Act. For purposes of the preceding sentence, if the State has a \n 2-year legislative session, each year of the session is deemed \n to be a separate regular session of the State legislature.","summary":"Rehab and Ahmed Amer Foster Care Improvement Act of 2012 - Amends part E of title IV of the Social Security Act to revise requirements that states must follow to contact the adult relatives of a child removed from the custody of his or her parents. Requires the state, within 90 days after making a placement decision, to provide notice of the decision and the reasons for it to each parent of the child, each relative who has expressed an interest in caring for the child, the guardian, and other specified parties. Requires the state to establish procedures to: (1) allow a person who receives such a notice to request documentation of the reasons for the decision involved, (2) allow the attorney for the child to petition the court involved to review the decision, and (3) require the court to commence such a review on the record after receiving such a petition.","title":"To amend part E of title IV of the Social Security Act to require States to follow certain procedures in placing a child who has been removed from the custody of his or her parents.","text_len":5171,"sum_len":867} {"bill_id":"114_s1005","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Coverage Tax Credit Extension \nAct of 2015''.\n\nSEC. 2. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX CREDIT.\n\n (a) Extension.--Subparagraph (B) of section 35(b)(1) of the \nInternal Revenue Code of 1986 is amended by striking ``before January \n1, 2014'' and inserting ``before January 1, 2020''.\n (b) Coordination With Credit for Coverage Under a Qualified Health \nPlan.--Subsection (g) of section 35 of the Internal Revenue Code of \n1986 is amended--\n (1) by redesignating paragraph (11) as paragraph (13), and\n (2) by inserting after paragraph (10) the following new \n paragraphs:\n ``(11) Election.--\n ``(A) In general.--A taxpayer may elect to have \n this section apply for any eligible coverage month.\n ``(B) Timing and applicability of election.--Except \n as the Secretary may provide--\n ``(i) an election to have this section \n apply for any eligible coverage month in a \n taxable year shall be made not later than the \n due date (including extensions) for the return \n of tax for the taxable year, and\n ``(ii) any election for this section to \n apply for an eligible coverage month shall \n apply for all subsequent eligible coverage \n months in the taxable year and, once made, \n shall be irrevocable with respect to such \n months.\n ``(12) Coordination with premium tax credit.--\n ``(A) In general.--An eligible coverage month to \n which the election under paragraph (11) applies shall \n not be treated as a coverage month (as defined in \n section 36B(c)(2)) for purposes of section 36B with \n respect to the taxpayer.\n ``(B) Coordination with advance payments of premium \n tax credit.--In the case of a taxpayer who makes the \n election under paragraph (11) with respect to any \n eligible coverage month in a taxable year or on behalf \n of whom any advance payment is made under section 7527 \n with respect to any month in such taxable year--\n ``(i) the tax imposed by this chapter for \n the taxable year shall be increased by the \n excess, if any, of--\n ``(I) the sum of any advance \n payments made on behalf of the taxpayer \n under section 1412 of the Patient \n Protection and Affordable Care Act and \n section 7527 for months during such \n taxable year, over\n ``(II) the sum of the credits \n allowed under this section (determined \n without regard to paragraph (1)) and \n section 36B (determined without regard \n to subsection (f)(1) thereof) for such \n taxable year, and\n ``(ii) section 36B(f)(2) shall not apply \n with respect to such taxpayer for such taxable \n year, except that if such taxpayer received any \n advance payments under section 7527 for any \n month in such taxable year and is later allowed \n a credit under section 36B for such taxable \n year, then section 36B(f)(2) shall be applied \n by substituting the amount determined under \n clause (i) for the amount determined under \n section 36B(f)(2)(A).''.\n (c) Extension of Advance Payment Program.--\n (1) In general.--Subsection (a) of section 7527 of the \n Internal Revenue Code of 1986 is amended by striking ``August \n 1, 2003'' and inserting ``the date that is 1 year after the \n date of the enactment of the Health Coverage Tax Credit \n Extension Act of 2015''.\n (2) Conforming amendment.--Paragraph (1) of section 7527(e) \n of such Code is amended by striking ``occurring'' and all that \n follows and inserting ``occurring--\n ``(A) after the date that is 1 year after the date \n of the enactment of the Health Coverage Tax Credit \n Extension Act of 2015, and\n ``(B) prior to the first month for which an advance \n payment is made on behalf of such individual under \n subsection (a).''.\n (d) Individual Insurance Treated as Qualified Health Insurance \nWithout Regard to Enrollment Date.--\n (1) In general.--Subparagraph (J) of section 35(e)(1) of \n the Internal Revenue Code of 1986 is amended by striking \n ``insurance if the eligible individual'' and all that follows \n through ``For purposes of'' and inserting ``insurance. For \n purposes of''.\n (2) Special rule.--Subparagraph (J) of section 35(e)(1) of \n such Code, as amended by paragraph (1), is amended by striking \n ``insurance.'' and inserting ``insurance (other than coverage \n enrolled in through an Exchange established under the Patient \n Protection and Affordable Care Act).''.\n (e) Conforming Amendment.--Subsection (m) of section 6501 of the \nInternal Revenue Code of 1986 is amended by inserting ``, 35(g)(11)'' \nafter ``30D(e)(4)''.\n (f) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to coverage months \n in taxable years beginning after December 31, 2013.\n (2) Plans available on individual market for use of tax \n credit.--The amendment made by subsection (d)(2) shall apply to \n coverage months in taxable years beginning after December 31, \n 2015.\n (3) Transition rule.--Notwithstanding section \n 35(g)(11)(B)(i) of the Internal Revenue Code of 1986 (as added \n by this Act), an election to apply section 35 of such Code to \n an eligible coverage month (as defined in section 35(b) of such \n Code) (and not to claim the credit under section 36B of such \n Code with respect to such month) in a taxable year beginning \n after December 31, 2013, and before the date of the enactment \n of this Act--\n (A) may be made at any time on or after such date \n of enactment and before the expiration of the 3-year \n period of limitation prescribed in section 6511(a) with \n respect to such taxable year; and\n (B) may be made on an amended return.\n\nSEC. 3. AGENCY OUTREACH.\n\n As soon as possible after the date of the enactment of this Act, \nthe Secretaries of the Treasury, Health and Human Services, and Labor \n(or such Secretaries' delegates) and the Director of the Pension \nBenefit Guaranty Corporation (or the Director's delegate) shall carry \nout programs of public outreach, including on the Internet, to inform \npotential eligible individuals (as defined in section 35(c)(1) of the \nInternal Revenue Code of 1986) of the extension of the credit under \nsection 35 of the Internal Revenue Code of 1986 and the availability of \nthe election to claim such credit retroactively for coverage months \nbeginning after December 31, 2013.","summary":"Health Coverage Tax Credit Extension Act of 2015 This bill extends the tax credit for health insurance costs of a taxpayer and qualifying family members through 2019. The tax credit for health insurance costs is a refundable tax credit equal to 72.5 of the cost of qualified health coverage paid by an eligible individual defined as an individual who is receiving a trade adjustment allowance, is eligible for the alternative trade adjustment assistance program, or is over age 55 and receives pension benefits from the Pension Benefit Guaranty Corporation (PBGC). The bill requires a taxpayer to make an election to have the tax credit apply for any eligible coverage month during a taxable year. An eligible coverage month is a month in which an eligible individual is covered by qualified health insurance, does not have other specified coverage, and is not imprisoned. The bill also directs the Departments of the Treasury, Health and Human Services, and Labor and the PBGC to conduct a public outreach, including on the Internet, to inform individuals eligible for the tax credit for health insurance costs on the extension of such credit and the availability of the election to claim such credit retroactively for coverage months beginning after December 31, 2013.","title":"Health Coverage Tax Credit Extension Act of 2015","text_len":7927,"sum_len":1270} {"bill_id":"114_hr3313","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cyber Defense of Federal Networks \nAct of 2015''.\n\nSEC. 2. CYBER DEFENSE OF FEDERAL NETWORKS.\n\n (a) In General.--Subtitle C of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the \nfollowing new sections:\n\n``SEC. 230. CYBERSECURITY PLANS.\n\n ``(a) Intrusion Detection and Response Plan.--Not later than one \nyear after the date of the enactment of this section, the Secretary, in \ncoordination with the Director of the Office of Management and Budget, \nshall develop and implement an intrusion detection and response plan to \ndetect, identify, and remove intruders in agency information systems. \nThe Secretary, in coordination with the Director, shall update such \nplan as necessary.\n ``(b) Exception.--The intrusion detection and response plan \nrequired under subsection (a) shall not apply to the Department of \nDefense or an element of the intelligence community.\n ``(c) Definitions.--In this section and sections 231, 232, and 233:\n ``(1) Agency.--The term `agency' has the meaning given such \n term in section 3502 of title 44, United States Code.\n ``(2) Cybersecurity risk.--The term `cybersecurity risk' \n has the meaning given such term in the second section 226 \n (relating to the national cybersecurity and communications \n integration center).\n ``(3) Information system.--The term `information system' \n has the meaning given such term in the second section 226 \n (relating to the national cybersecurity and communications \n integration center).\n ``(4) Intelligence community.--The term `intelligence \n community' has the meaning given such term in section 3(4) of \n the National Security Act of 1947 (50 U.S.C. 3003(4)).\n\n``SEC. 231. ADVANCED INTERNAL DEFENSES.\n\n ``(a) Advanced Network Security Tools.--\n ``(1) In general.--The Secretary shall include in the \n Department's efforts to continuously diagnose and mitigate \n cybersecurity risks advanced network security tools to improve \n visibility of network activity, including through the use of \n commercial and free or open source tools, to detect and \n mitigate intrusions and anomalous activity in agencies' \n information systems.\n ``(2) Development of plan.--The Secretary, in coordination \n with the Director of the Office of Management and Budget, shall \n develop and implement a plan to ensure advanced network \n security tools, including tools described in paragraph (1), to \n detect and mitigate intrusions and anomalous activity are \n available for use by each agency.\n ``(b) Prioritizing Advanced Security Tools.--The Secretary, in \ncoordination with the Director of the Office of Management and Budget, \nand in consultation with the heads of appropriate agencies, shall--\n ``(1) review and update operational capabilities to ensure \n appropriate prioritization and use of network security \n monitoring tools within such agency networks; and\n ``(2) brief the Committee on Homeland Security of the House \n of Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate on such prioritization and \n use.\n ``(c) Improved Metrics.--The Secretary, in coordination with the \nDirector of the Office of Management and Budget, shall review and \nupdate the metrics used to measure security under section 3554 of title \n44, United States Code, to include measures of intrusion and incident \ndetection and response times.\n ``(d) Transparency and Accountability.--The Secretary, in \ncoordination with the Director of the Office of Management and Budget, \nshall increase transparency to the public on agency cybersecurity \npostures, including by increasing the number of metrics available on \nFederal Government performance websites and, to the greatest extent \npracticable, displaying metrics for agencies.\n ``(e) Maintenance of Technologies.--Subparagraph (B) of section \n3553(b)(6) of title 44, United States Code, is amended by inserting `, \noperating, and maintaining' after `deploying'.\n\n``SEC. 232. FEDERAL CYBERSECURITY BEST PRACTICES.\n\n ``The Secretary, in consultation with the Director of the Office of \nManagement and Budget, shall regularly assess and require \nimplementation of best practices for--\n ``(1) securing agency information systems against \n intrusion; and\n ``(2) preventing data exfiltration from such systems in the \n event of an intrusion.\n\n``SEC. 233. ASSESSMENT; REPORTS.\n\n ``(a) Definitions.--In this section:\n ``(1) Appropriate congressional committees.--The term \n `appropriate congressional committees' means the Committee on \n Homeland Security of the House of Representatives and the \n Committee on Homeland Security and Governmental Affairs of the \n Senate.\n ``(2) Intrusion assessments.--The term `intrusion \n assessments' means actions taken under the intrusion detection \n and response plan described in section 230 to detect, identify, \n and remove intruders in agency information systems.\n ``(3) Intrusion detection and response plan.--The term \n `intrusion detection and response plan' means the intrusion \n detection and response plan described in section 230.\n ``(b) GAO Assessment.--Not later than three years after the date of \nthe enactment of this section, the Comptroller General of the United \nStates shall conduct a study and publish a report on the effectiveness \nof the approach and strategy of the Department's capabilities and plans \nin securing agency information systems, including in the plans and \nassessments under sections 230, 231, and 232.\n ``(c) Report to Congress.--The Secretary, in coordination with the \nDirector of the Office of Management and Budget, shall--\n ``(1) not later than six months after the date of the \n enactment of this section and 30 days after any update thereto, \n submit to the appropriate congressional committees the \n intrusion detection and response plan described in section 230; \n and\n ``(2) not later than one year after the date of the \n enactment of this section and annually thereafter, submit to \n Congress--\n ``(A) a description of the implementation of such \n intrusion detection and response plan;\n ``(B) the findings of the intrusion assessments \n conducted pursuant to such intrusion detection and \n response plan;\n ``(C) a description of the advanced network \n security tools referred to in section 231;\n ``(D) information relating to the results of the \n assessment of the Secretary of Federal cybersecurity \n best practices under section 232; and\n ``(E) the improved metrics referred to in section \n 231.''.\n (b) Definitions.--Paragraphs (1) and (2) of the second section 226 \nof the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the \nnational cybersecurity and communications integration center) are \namended to read as follows:\n ``(1)(A) except as provided in subparagraph (B), the term \n `cybersecurity risk' means threats to and vulnerabilities of \n information or information systems and any related consequences \n caused by or resulting from unauthorized access, use, \n disclosure, degradation, disruption, modification, or \n destruction of such information or information systems, \n including such related consequences caused by an act of \n terrorism; and\n ``(B) such term does not include any action that solely \n involves a violation of a consumer term of service or a \n consumer licensing agreement;\n ``(2) the term `incident' means an occurrence that actually \n or imminently jeopardizes, without lawful authority, the \n integrity, confidentiality, or availability of information on \n an information system, or actually or imminently jeopardizes, \n without lawful authority, an information system;''.\n (c) Clerical Amendments.--The table of contents for subtitle C of \ntitle II of the Homeland Security Act of 2002 is amended by adding at \nthe end the following new items:\n\n``Sec. 230. Cybersecurity plans.\n``Sec. 231. Advanced internal defenses.\n``Sec. 232. Federal cybersecurity best practices.\n``Sec. 233. Assessment; reports.''.\n\nSEC. 3. DUTIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO \n INFORMATION SECURITY.\n\n Section 3553(b)(6) of title 44, United States Code, is amended by \nstriking subparagraphs (C) and (D) and inserting the following:\n ``(C) providing incident detection, analysis, \n mitigation, and response information, disseminating \n related homeland security information, and providing \n remote or onsite technical assistance to the head of an \n agency;\n ``(D) compiling and analyzing data on agency \n information security and disseminating related homeland \n security information;\n ``(E) developing and conducting targeted risk \n assessments, including assessments of the risk of \n terrorism, and operational evaluations for agency \n information and information systems in consultation \n with the heads of other agencies or governmental and \n private entities that own and operate such systems, \n that may include threat, vulnerability, and impact \n assessments;\n ``(F) in conjunction with other agencies and the \n private sector, assessing and fostering the development \n of information security technologies and capabilities \n for use across multiple agencies; and\n ``(G) coordinating with appropriate agencies and \n officials to ensure, to the maximum extent feasible, \n that policies and directives issued under paragraph (2) \n are complementary with--\n ``(i) standards and guidelines developed \n for national security systems; and\n ``(ii) policies and directives issued by \n the Secretary of Defense and the Director of \n National Intelligence under subsection (e)(1); \n and''.\n\nSEC. 4. DIRECTIVES AND IMMINENT THREATS.\n\n Section 3553 of title 44, United States Code, is amended by adding \nat the end the following:\n ``(h) Direction to Agencies.--\n ``(1) Authority.--\n ``(A) In general.--Notwithstanding section 3554, \n and subject to subparagraph (B), in response to a known \n or reasonably suspected information security threat, \n vulnerability, risk, or incident, including an act of \n terrorism, that represents a substantial threat to the \n information security of an agency, the Secretary may \n issue a directive to the head of an agency to take any \n lawful action with respect to the operation of the \n information system, including such systems owned or \n operated by another entity on behalf of an agency, that \n collects, processes, stores, transmits, disseminates, \n or otherwise maintains agency information, for the \n purpose of protecting the information system from, or \n mitigating, an information security threat or an act of \n terrorism.\n ``(B) Exception.--The authorities of the Secretary \n under this subsection shall not apply to a system \n described in paragraph (2) or (3) of subsection (e).\n ``(2) Procedures for use of authority.--The Secretary \n shall--\n ``(A) in coordination with the Director and in \n consultation with Federal contractors, as appropriate, \n establish procedures under which a directive may be \n issued under this subsection, which shall include--\n ``(i) thresholds and other criteria;\n ``(ii) privacy and civil liberties \n protections; and\n ``(iii) providing notice to potentially \n affected third parties;\n ``(B) specify the reasons for the required action \n and the duration of the directive;\n ``(C) minimize the impact of a directive under this \n subsection by--\n ``(i) adopting the least intrusive means \n possible under the circumstances to secure the \n agency information systems; and\n ``(ii) limiting the directive to the \n shortest period practicable; and\n ``(D) notify the Director and the head of any \n affected agency immediately upon the issuance of a \n directive under this subsection.\n ``(3) Imminent threats.--\n ``(A) In general.--If the Secretary determines that \n there is an imminent threat, including a threat of \n terrorism, to agency information systems and a \n directive under this subsection is not reasonably \n likely to result in a timely response to the threat, \n the Secretary may authorize the use of protective \n capabilities under the control of the Secretary for \n communications or other system traffic transiting to or \n from or stored on an agency information system without \n prior consultation with the affected agency for the \n purpose of ensuring the security of the information, \n information system, or other agency information \n systems.\n ``(B) Limitation on delegation.--The authority \n under this paragraph may not be delegated to an \n official in a position lower than an Assistant \n Secretary of the Department of Homeland Security.\n ``(C) Notice.--The Secretary shall immediately \n notify the Director and the head and chief information \n officer (or equivalent official) of each affected \n agency of--\n ``(i) any action taken under this \n subsection; and\n ``(ii) the reasons for and duration and \n nature of the action.\n ``(D) Other law.--Any action of the Secretary under \n this paragraph shall be consistent with applicable law.\n ``(4) Limitation.--The Secretary may direct or authorize \n lawful action or protective capability under this subsection \n only to--\n ``(A) protect agency information from unauthorized \n access, use, disclosure, disruption, modification, or \n destruction; or\n ``(B) require the remediation of or protect against \n identified information security risks, including acts \n of terrorism, with respect to--\n ``(i) information collected or maintained \n by or on behalf of an agency; or\n ``(ii) that portion of an information \n system used or operated by an agency or by a \n contractor of an agency or other organization \n on behalf of an agency.''.\n\nSEC. 5. REPORT TO CONGRESS REGARDING DHS FUNCTIONS.\n\n Section 3553 of title 44, United States Code, as amended by section \n3, is further amended by adding at the end the following new \nsubsection:\n ``(i) Annual Report to Congress.--Not later than February 1 of \nevery year, the Secretary shall report to the Committee on Homeland \nSecurity of the House of Representatives and the Committee on Homeland \nSecurity and Governmental Affairs of the Senate, regarding the specific \nactions the Secretary has taken pursuant to subsections (b) and (h).''.","summary":"Cyber Defense of Federal Networks Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), in coordination with the Office of Management and Budget (OMB), to implement plans to: (1) detect, identify, and remove intruders in federal agencies' information systems. And (2) make advanced network security tools available for agencies to improve visibility of network activity to detect and mitigate intrusions and anomalous activity. Directs DHS to coordinate with the OMB to: (1) update government information security metrics to include measures of intrusion and incident detection and response times, and (2) display additional metrics about agency cybersecurity postures on federal government performance websites. Authorizes DHS, upon an agency's request, to operate and maintain technology that is deployed to agencies to diagnose and mitigate cyber threats and vulnerabilities. Requires DHS to regularly assess and require implementation of best practices for securing agency information systems and preventing data exfiltration. Redefines for purposes of DHS's national cybersecurity and communications integration center: (1) cybersecurity risk to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement. And (2) incident to include occurrences that actually or imminently jeopardize, without lawful authority, an information system, thereby replacing a standard that currently includes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. Requires DHS to assist agencies in implementing information security practices by: (1) providing incident detection, analysis, mitigation, and response information, disseminating related homeland security information, and providing remote or onsite technical assistance. (2) developing and conducting impact assessments in consultation with other governmental and private entities, (3) assessing and fostering technologies for use across multiple agencies. And (4) ensuring that policies are coordinated with standards for national security systems and policies of the Department of Defense (DOD) and the Director of National Intelligence. Authorizes the DHS Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of an agency's information system in response to a known or reasonably suspected information security threat, vulnerability, risk, or incident, including an act of terrorism, that represents a substantial threat to information security. Or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control for communications or system traffic transiting to or from or stored on an agency information system if there is an imminent threat and a directive is unlikely to be timely. Exempts DOD and the intelligence community from such procedures.","title":"Cyber Defense of Federal Networks Act of 2015","text_len":16949,"sum_len":2994} {"bill_id":"110_hr5505","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Black Metropolis District National \nHeritage Area Study Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Black Metropolis district on Chicago, Illinois' \n South Side has a cohesive and distinctive history as well as an \n important streetscape that distinguishes the area as worthy of \n designation as a National Heritage Area.\n (2) The historic features of Chicago's Black Metropolis \n District predate the Great Migration of 1916-1919 and \n illustrate its influence on African-American life in Chicago \n and the Nation as a result of this demographic phenomenon in \n which 500,000 African-Americans migrated to the North in search \n of work and other opportunities, with 50,000 of that aggregate \n relocating in Chicago.\n (3) The Black Metropolis, as a setting, witnessed some of \n the finest accomplishments in African-American contributions to \n Chicago, the State of Illinois, and the Nation, while its \n legally and socially proscribed citizens challenged their \n environment and their Nation to fulfill its promise as a place \n of opportunity for all.\n (4) These contributions and accomplishments fall into the \n following main categories:\n (A) Business and entrepreneurial pursuits.--With \n State Street developing as the Black Metropolis \n District's ``Wall Street'', the area produced two of \n the largest Black banking operations in the Nation in \n the Binga State and Douglass National Banks and scores \n of smaller businesses ranging from print shops to \n restaurants to clothing stores to hair salons and \n barbershops.\n (B) Culture and aesthetics.--The area emerged as a \n musical mecca ranging from jazz to gospel to delta and \n urban blues to rhythm and blues and was home for \n institutions such as the George Cleveland Hall Branch \n Library, which nurtured literary giants such as \n Langston Hughes, the South Side Community Arts Center, \n and the DuSable Museum of African American History and \n Culture.\n (C) Education.--The area includes the first public \n secondary school in the State of Illinois built \n specifically to accommodate the educational needs of \n African-American students, which opened in 1934 at 4934 \n South Wabash Avenue and was named in honor of Chicago's \n first non-native inhabitant and trader, Jean Baptiste \n Pointe du Sable, a Black man from Haiti, and whose \n illustrious graduates include Nat ``King'' Cole and \n Chicago Mayor Harold Washington.\n (D) Governance and politics.--From its political \n bases in the area's Second Ward and the First \n Congressional District, Chicago's Black Metropolis \n proved itself a political center for all African-\n Americans, producing the first African-American to sit \n in Congress in the 20th Century, the Honorable Oscar \n DePriest, as well as the first African-American \n Democratic congressman, the Honorable Arthur W. \n Mitchell, succeeded by Honorable William L. Dawson, the \n Honorable Ralph H. Metcalfe, the Honorable Bennett M. \n Stewart, and the Honorable Harold Washington, later the \n city's first elected African-American mayor, and the \n Honorable Charles A. Hayes.\n (E) Health care.--The area includes Provident \n Hospital, founded in 1891 by the brilliant African-\n American surgeon Dr. Daniel Hale Williams and site of \n the first successful suturing of the human heart by Dr. \n Williams in 1893.\n (F) Labor.--The area was home to millions of \n unskilled and semi-skilled African-American workers, \n including the packinghouse workers who arrived during \n the Great Migration and constituted 25 percent of the \n stockyards work force during World War I, and the \n Pullman porters who represented a full 20 percent of \n the Nation's African-American workforce during the \n early 1900s.\n (G) Military life and patriotism.--African-American \n men enlisted in the Union Army on the grounds of Camp \n Douglass within the Black Metropolis District as part \n of the 29th Infantry Regiment of the United States \n Colored Troops, and a generation later trained at the \n Eighth Regiment Armory nearby before embarking for \n France as part of what President Wilson referred to as \n the great crusade to ``make the world safe for \n democracy'' during the World War I.\n (H) Recreation and competitive sports.--Early on, \n the Nation's most popular sports: baseball, boxing, \n football, track and basketball, enjoyed support from \n the Black Metropolis' population and drew participants \n who earned widespread recognition such as Rube Foster, \n a native Chicagoan, who founded the Negro Baseball \n League and its local team, the American Giants.\n (I) Religion and church activism.--The area \n includes Quinn Chapel African Methodist Episcopal \n (A.M.E) Church, an antebellum center of abolitionist \n activity, and a major station on the Underground \n Railroad, and with emancipation, there was another \n religious movement to provide and protect the civil \n rights of all citizens led by Black Metropolis churches \n such as Quinn Chapel and Bethel A.M.E.\n (J) Social justice and civil rights.--It was from \n within the Black Metropolis District in the early 20th \n century that Ida B. Wells-Barnett waged her crusade for \n justice for African-Americans and women and worked to \n establish the first National Association for the \n Advancement of Colored People branch in that group's \n national network in 1912.\n (K) Streetscapes.--The area includes many historic \n locations, including those along State Street and 35th \n Street, ranging from the Overton Hygienic Manufacturing \n Building at 3617 South State Street and the Chicago Bee \n Building at 3647 South State Street (both designated as \n Chicago City Landmarks) to Liberty Life Insurance \n Company at 3501 South Parkway and a monument and park \n dedicated to United States Senator Stephen Douglas \n (designated as a State Landmark) at Lake Park Avenue \n and 35th Street, green and public spaces, stretching \n from Chicago's lakefront to historic park and boulevard \n systems to the West, and is now the proposed site for \n the 2016 Olympics in the City of Chicago's bid to host \n this event.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Black Metropolis District National Heritage Area.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (3) Study area.--The term ``study area'' means the region \n bounded as follows:\n (A) 18th Street on the North and 22nd Street on the \n South, from Lake Michigan on the East to Wentworth \n Avenue to the West.\n (B) 22nd Street on the North to 35th Street on the \n South, from Lake Michigan on the East to the Dan Ryan \n Expressway on the West.\n (C) 35th Street on the North and 47th Street on the \n South, from Lake Michigan on the East to the B&O \n Railroad (Stewart Avenue) on the West.\n (D) 47th Street on the North to 55th Street on the \n South, from Cottage Grove Avenue on the East to the Dan \n Ryan Expressway on the West).\n (E) 55th Street on the North to 71st Street on the \n South, from State Street on the West to Cottage Grove \n Avenue\/South Chicago Avenue on the East.\n\nSEC. 4. BLACK METROPOLIS DISTRICT NATIONAL HERITAGE AREA STUDY.\n\n (a) In General.--The Secretary, in consultation with the managers \nof any Federal land within the Heritage Area, appropriate State and \nlocal governmental agencies, and any interested organizations, shall \nconduct a study to determine the feasibility of designating the study \narea as the Black Metropolis District National Heritage Area.\n (b) Requirements.--The study shall include analysis, documentation, \nand determinations on whether--\n (1) the study area--\n (A) has an assemblage of natural, historic, \n cultural, educational, scenic, or recreational \n resources that together are nationally important to the \n heritage of the United States;\n (B) represents distinctive aspects of the heritage \n of the United States worthy of recognition, \n conservation, interpretation, and continuing use;\n (C) is best managed through agreements between \n public and private entities at the local or regional \n level;\n (D) reflects traditions, customs, beliefs, and \n folklife that are a valuable part of the heritage of \n the United States;\n (E) provides outstanding opportunities to conserve \n natural, historical, cultural, or scenic features;\n (F) provides outstanding recreational and \n educational opportunities; and\n (G) has resources and traditional uses that have \n national importance;\n (2) residents, business interests, nonprofit organizations, \n the Federal Government (including relevant Federal land \n management agencies), and State, local, and tribal governments \n within the study area--\n (A) are involved in the planning; and\n (B) have demonstrated significant support through \n letters and other means for designation and management \n of the Heritage Area; and\n (3) the study area has been identified and supported by the \n public, private business, and local and State agencies.\n\nSEC. 5. REPORT.\n\n Not later than 3 fiscal years after the date on which funds are \nmade available to carry out the this Act, the Secretary shall submit to \nthe Committee on Natural Resources of the House of Representatives and \nthe Committee on Energy and Natural Resources of the Senate a report \nthat describes the findings, conclusions, and recommendations of the \nSecretary with respect to the study.","summary":"Black Metropolis District National Heritage Area Study Act - Directs the Secretary of the Interior to conduct a study to determine the feasibility of designating the Black Metropolis District in Chicago, Illinois, as the Black Metropolis District National Heritage Area.","title":"To authorize the Secretary of the Interior to conduct a study to determine the feasibility of designating the study area as the Black Metropolis District National Heritage Area in the State of Illinois, and for other purposes.","text_len":11778,"sum_len":270} {"bill_id":"103_hr1731","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Film Disclosure Act of 1993''.\n\nSEC. 2. AMENDMENT TO THE LANHAM ACT.\n\n Section 43 of the Act entitled ``An Act to provide for the \nregistration and protection of trade-marks used in commerce, to carry \nout the provisions of certain international conventions, and for other \npurposes'', approved July 5, 1946, commonly known as the Lanham Act (15 \nU.S.C. 1125), is amended by adding at the end the following:\n ``(c)(1)(A) Any distributor or network that proposes to exploit a \nmaterially altered motion picture shall--\n ``(i) make a good faith effort to notify each artistic \n author of the motion picture in writing and by registered mail \n and in a reasonable amount of time prior to such exploitation;\n ``(ii) determine the objections of any artistic author so \n notified to any material alteration of the motion picture;\n ``(iii) determine the objection of any artistic author so \n notified by the questionnaire set forth in paragraph (9) to any \n type of future material alterations which are in addition to \n those specifically proposed for the motion picture to be \n exploited;\n ``(iv) if any objections under clause (ii) or (iii) are \n determined, include the applicable label under paragraph (6) or \n (8) in, or affix such label to, all copies of the motion \n picture before--\n ``(I) the public performance of the materially \n altered motion picture if it is already in \n distribution, or\n ``(II) the initial distribution of the materially \n altered motion picture to any exhibitor or retail \n provider; and\n ``(v) in the event of objections by an artistic author to \n any future material alterations, include or affix such \n objections to any copy of the motion picture distributed or \n transmitted to any exhibitor or retail provider.\n ``(B) Whenever a distributor or network exploits a motion picture \nwhich has already been materially altered, such distributor or network \nshall not be required to satisfy the requirements of subparagraph (A) \n(i), (ii), and (iii), if--\n ``(i) such distributor or network does not further \n materially alter such motion picture; and\n ``(ii) such motion picture was materially altered by \n another distributor or network that complied fully with all of \n the requirements of subparagraph (A).\n ``(C)(i) The requirement of a good faith effort under subparagraph \n(A)(i) is satisfied if a distributor or network that has not previously \nbeen notified by each artistic author of a motion picture--\n ``(I) requests in writing the name and address of each \n artistic author of the motion picture from the appropriate \n professional guild, indicating a response date of not earlier \n than 30 days after the date of the request, by which the \n appropriate professional guild must respond; and\n ``(II) upon receipt of such information from the \n appropriate professional guild within the time specified in the \n request, notifies each artistic author of the motion picture in \n a reasonable amount of time before the exploitation of the \n motion picture by such network or distributor.\n ``(ii) The notice to each artistic author under this paragraph \nshall contain a specific date, not earlier than 30 days after the date \nof such notice, by which the individual so notified shall respond in \naccordance with subparagraph (A)(ii). Failure of the artistic author or \nthe appropriate professional guild to respond within the time period \nspecified in the notice shall relieve the distributor or network of all \nliability under subparagraph (A).\n ``(D) The requirements of this paragraph for an exhibitor shall be \nlimited to--\n ``(i) broadcasting, cablecasting, exhibiting, or \n distributing all labels required under this section in their \n entirety that are included with or distributed by the network \n or distributor of the motion picture; and\n ``(ii) including or affixing a label described in \n paragraphs (6) and (8) on a materially altered motion picture \n for any material alterations performed by the exhibitor to \n which any artistic author has objected under subparagraph \n (A)(iii).\n ``(E)(i) The provisions of this paragraph shall apply with respect \nto motion pictures intended for home use through either retail purchase \nor rental, except that no requirement imposed under this paragraph \nshall apply to a motion picture which has been packaged for \ndistribution to retail providers before the effective date of this \nsubsection.\n ``(ii) The obligations under this paragraph of a retail provider of \nmotion pictures intended for home use shall be limited to including or \ndistributing all labels required under this paragraph in their entirety \nthat are affixed or included by a distributor or network.\n ``(F) There shall be no consideration in excess of one dollar given \nin exchange for an artistic author's waiver of any objection or waiver \nof the right to object under this subsection.\n ``(2)(A) Any artistic author of a motion picture that is exploited \nwithin the United States who believes he or she is or is likely to be \ndamaged by a violation of this subsection may bring a civil action for \nappropriate relief, as provided in this paragraph, on account of such \nviolation, without regard to the nationality or domicile of the \nartistic author.\n ``(B)(i) In any action under subparagraph (A), the court shall have \npower to grant injunctions, according to the principles of equity and \nupon such terms as the court deems reasonable, to prevent the violation \nof this subsection. Any such injunction may include a provision \ndirecting the defendant to file with the court and serve on the \nplaintiff, within 30 days after the service on the defendant of such \ninjunction, or such extended period as the court may direct, a report \nin writing under oath setting forth in detail the manner and form in \nwhich the defendant has complied with the injunction. Any such \ninjunction granted upon hearing, after notice to the defendant, by any \ndistrict court of the United States--\n ``(I) may be served on the parties against whom such \n injunction is granted anywhere in the United States where they \n may be found; and\n ``(II) shall be operative and may be enforced by \n proceedings to punish for contempt, or otherwise, by the court \n by which such injunction was granted, or by any other United \n States district court in whose jurisdiction the defendant may \n be found.\n ``(ii) When a violation of any right of an artistic author is \nestablished in any civil action arising under this subsection, the \nplaintiff shall be entitled to the remedies provided under section \n35(a).\n ``(iii) In any action under subparagraph (A), the court may order \nthat all film packaging of a materially altered motion picture \n(including film packages of motion pictures intended for home use \nthrough either retail purchase or rental) that is the subject of the \nviolation shall be delivered up and destroyed.\n ``(C) No action shall be maintained under this paragraph unless it \nis commenced within 1 year after the right of action accrues.\n ``(3) Any disclosure requirements imposed under the common law or \nstatutes of any State respecting the material alteration of motion \npictures are preempted by this subsection.\n ``(4) To facilitate the location of a potentially aggrieved party, \neach artistic author of a motion picture may notify the copyright owner \nof the motion picture or any appropriate professional guild. The \nprofessional guilds may each maintain a Professional Guild Registry \nincluding the names and addresses of artistic authors so notifying them \nand may make available information contained in a Professional Guild \nRegistry in order to facilitate the location of any artistic author for \npurposes of paragraph (1)(A). No cause of action shall accrue against \nany professional guild for failure to create or maintain a Professional \nGuild Registry or for any failure to provide information pursuant to \nparagraph (1)(A)(i).\n ``(5) As used in this subsection--\n ``(A) the term `artistic author' means the principal \n director and principal screenwriter of a motion picture and, to \n the extent a motion picture is colorized or its photographic \n images materially altered, the principal cinematographer of the \n motion picture;\n ``(B) the term `colorize' means to add color, by whatever \n means, to a motion picture originally made in black and white, \n and the term `colorization' means the act of colorizing;.\n ``(C) the term `distributor'--\n ``(i) means any person, vendor, or syndicator who \n engages in the wholesale distribution of motion \n pictures to any exhibitor, network, retail provider, or \n other person who publicly performs motion pictures by \n means of any technology, and\n ``(ii) does not include laboratories or other \n providers of technical services to the motion picture, \n video, or television industry;\n ``(D) the term `editing' means the purposeful or accidental \n removal of existing material or insertion of new material;\n ``(E) the term `exhibitor' means any local broadcast \n station, cable system, airline, motion picture theater, or \n other person that publicly performs a motion picture by means \n of any technology;\n ``(F) the term `exploit' means to exhibit publicly or offer \n to the public through sale or lease, and the term \n `exploitation' means the act of exploiting;\n ``(G) the term `film' or `motion picture' means--\n ``(i) a theatrical motion picture, after its \n publication, of 60 minutes duration or greater, \n intended for exhibition, public performance, public \n sale or lease, and\n ``(ii) does not include episodic television \n programs of less than 60 minutes duration (exclusive of \n commercials), motion pictures prepared for private \n commercial or industrial purposes, or advertisements;\n ``(H) the term `lexiconning' means altering the sound track \n of a motion picture to conform the speed of the vocal or \n musical portion of the motion picture to the visual images of \n the motion picture, in a case in which the motion picture has \n been the subject of time compression or expansion;\n ``(I) the terms `materially alter' and `material \n alteration'--\n ``(i) refer to any change made to a motion picture;\n ``(ii) include, but are not limited to, the \n processes of colorization, lexiconning, time \n compression or expansion, panning and scanning, and \n editing; and\n ``(iii) do not include insertions for commercial \n breaks or public service announcements, editing to \n comply with the requirements of the Federal \n Communications Commission (in this subparagraph \n referred to as the `FCC'), transfer of film to \n videotape or any other secondary media preparation of a \n motion picture for foreign distribution to the extent \n that subtitling and editing are limited to those \n alterations made under foreign standards which are no \n more stringent than existing FCC standards, or \n activities the purpose of which is the restoration of \n the motion picture to its original version;\n ``(J) the term `network' means any person who distributes \n motion pictures to broadcasting stations or cable systems on a \n regional or national basis for public performance on an \n interconnected basis;\n ``(K) the term `panning and scanning' means the process by \n which a motion picture, composed for viewing on theater \n screens, is adapted for viewing on television screens by \n modification of the ratio of width to height of the motion \n picture and the selection, by a person other than the principal \n director of the motion picture, of some portion of the entire \n picture for viewing;\n ``(L) the term `professional guild' means--\n ``(i) in the case of directors, the Directors Guild \n of America (DGA);\n ``(ii) in the case of screenwriters, the Writers \n Guild of America-West (WGA-W) and the Writers Guild of \n America-East (WGA-E); and\n ``(iii) in the case of cinematographers, the \n International Photographers Guild (IPG), and the \n American Society of Cinematographers (ASC);\n ``(M) the term `Professional Guild Registry' means a list \n of names and addresses of artistic authors that is readily \n available from the files of a professional guild;\n ``(N) the term `publication' means, with respect to a \n motion picture, the first paid public exhibition of the work \n other than previews, trial runs, and festivals;\n ``(O) the term `retail provider' means the proprietor of a \n retail outlet that sells or leases motion pictures for home \n use;\n ``(P) the term `secondary media' means any medium, \n including, but not limited to, video cassette or video disc, \n other than television broadcast or theatrical release, for use \n on which motion pictures are sold, leased, or distributed to \n the public;\n ``(Q) the term `syndicator' means any person who \n distributes a motion picture to a broadcast television station, \n cable television system, or any other means of distribution by \n which programming is delivered to television viewers;\n ``(R) the terms `time compression' and `time expansion' \n mean the alteration of the speed of a motion picture or a \n portion thereof with the result of shortening or lengthening \n the running time of the motion picture; and\n ``(S) the term `vendor' means the wholesaler or packager of \n a motion picture which is intended for wholesale distribution \n to retail providers.\n ``(6)(A) A label for a materially altered version of a motion \npicture intended for public performance or home use shall consist of a \npanel card immediately preceding the commencement of the motion \npicture, which bears one or more of the following statements, as \nappropriate, in legible type and displayed on a conspicuous and \nreadable basis:\n `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and \n______ secs. have been cut [or, if appropriate, added]. The director, \n__________________ ____________________, and screenwriter, __________ \n__________, object because this alteration changes the narrative and\/or \ncharacterization. It has (also) been panned and scanned. The director \nand cinematographer, __________ __________, object because this \nalteration removes visual information and changes the composition of \nthe images. It has (also) been colorized. Colors have been added by \ncomputer to the original black and white images. The director and \ncinematographer object to this alteration because it eliminates the \nblack and white photography and changes the photographic images of the \nactors. It has (also) been electronically speeded up (or slowed down). \nThe director objects because this alteration changes the pace of the \nperformances.'\n ``(B) A label for a motion picture that has been materially altered \nin a manner not described by any of the label elements set forth in \nsubparagraph (A) shall contain a statement similar in form and \nsubstance to those set forth in subparagraph (A) which accurately \ndescribes the material alteration and the objection of the artistic \nauthor.\n ``(7) A label for a motion picture which has been materially \naltered in more than one manner, or of which an individual served as \nmore than one artistic author, need only state the name of the artistic \nauthor once, in the first objection of the artistic author so listed. \nIn addition, a label for a motion picture which has been materially \naltered in more than one manner need only state once, at the beginning \nof the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'.\n ``(8) A label for a film package of a materially altered motion \npicture shall consist of--\n ``(A) an area of a rectangle on the front of the package \n which bears, as appropriate, one or more of the statements \n listed in paragraph (6) in a conspicuous and legible type in \n contrast by typography, layout, or color with other printed \n matter on the package; and\n ``(B) an area of a rectangle on the side of the package \n which bears, as appropriate, one or more of the statements \n listed in paragraph (6) in a conspicuous and legible type in \n contrast by typography, layout, or color with other printed \n matter on the package.\n ``(9) The questionnaire required under paragraph (1)(A)(iii) shall \nconsist of the following statement and related questions:\n `In order to conform [insert name of motion picture], of \n which you are an ``artistic author'', to ancillary media such \n as television, airline exhibition, video cassettes, video \n discs, or any other media, do you object to:\n `(a) Editing (purposeful or accidental deletion or addition of \nprogram material)?\n Yes____________ No______________\n `(b) Time compression\/time expansion\/lexiconning?\n Yes____________ No______________\n `(c) Panning and scanning?\n Yes____________ No______________\n `(d) Colorization, if the motion picture was originally made in \nblack and white?\n Yes____________ No______________'.''\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 180 \ndays after the date of the enactment of this Act.\n\n \n\nHR 1731 IH----2","summary":"Film Disclosure Act of 1993 - Amends the Lanham Act to require that any distributor or network that proposes to exploit a materially altered motion picture bear a label which conspicuously discloses the fact of: (1) the film's material alteration from the form in which it was first released to the public, (2) the nature of such alteration. And (3) any objections raised by the artistic authors with reference to such alteration. Delineates the compliance procedure for distributors or networks that propose to exploit a materially altered film. Grants an artistic author the right to seek injunctive relief in US district courts to prevent violation of his or her rights under this Act.","title":"Film Disclosure Act of 1993","text_len":18906,"sum_len":688} {"bill_id":"108_s2694","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Assurance of Rx \nTransitional Assistance Act of 2004''.\n\nSEC. 2. AUTOMATIC ENROLLMENT OF MEDICAID BENEFICIARIES ELIGIBLE FOR \n MEDICARE PRESCRIPTION DRUG BENEFITS.\n\n (a) Automatic Enrollment of Beneficiaries Receiving Medical \nAssistance for Medicare Cost-Sharing Under Medicaid.--Section 1860D-\n14(a)(3)(B)(v) (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as \nfollows:\n ``(v) Treatment of medicaid \n beneficiaries.--Subject to subparagraph (F), \n the Secretary shall provide that part D \n eligible individuals who are--\n ``(I) full-benefit dual eligible \n individuals (as defined in section \n 1935(c)(6)) or who are recipients of \n supplemental security income benefits \n under title XVI shall be treated as \n subsidy eligible individuals described \n in paragraph (1); and\n ``(II) not described in subclause \n (I), but who are determined for \n purposes of the State plan under title \n XIX to be eligible for medical \n assistance under clause (i), (iii), or \n (iv) of section 1902(a)(10)(E), shall \n be treated as being determined to be \n subsidy eligible individuals described \n in paragraph (1).''.\n (b) Assurance of Transitional Assistance Under Drug Discount Card \nProgram.--\n (1) In general.--Section 1860D-31(b)(2)(A) of the Social \n Security Act (42 U.S.C. 1395w-141(b)(2)(A)) is amended by \n adding at the end the following new sentence: ``Subject to \n subparagraph (B), each discount card eligible individual who is \n described in section 1860D-14(a)(3)(B)(v) shall be considered \n to be a transitional assistance eligible individual.''.\n (2) Automatic enrollment of medicaid beneficiaries.--\n Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C. \n 1395w-141(c)(1)) is amended by adding at the end the following \n new subparagraph:\n ``(F) Automatic enrollment of certain \n beneficiaries.--\n ``(i) In general.--Subject to clause (ii), \n the Secretary shall--\n ``(I) enroll each discount card \n eligible individual who is described in \n section 1860D-14(a)(3)(B)(v), but who \n has not enrolled in an endorsed \n discount card program as of August 15, \n 2004, in an endorsed discount card \n program selected by the Secretary that \n serves residents of the State in which \n the individual resides; and\n ``(II) notwithstanding paragraphs \n (2) and (3) of subsection (f), \n automatically determine that such \n individual is a transitional assistance \n eligible individual (including whether \n such individual is a special \n transitional assistance eligible \n individual) without requiring any self-\n certification or subjecting such \n individual to any verification under \n such paragraphs.\n ``(ii) Opt-out.--The Secretary shall not \n enroll an individual under clause (i) if the \n individual notifies the Secretary that such \n individual does not wish to be enrolled and be \n determined to be a transitional assistance \n eligible individual under such clause before \n the individual is so enrolled.''.\n (3) Notice of eligibility for transitional assistance.--\n Section 1860D-31(d) of the Social Security Act (42 U.S.C. \n 1395w-141(d)) is amended by adding at the end the following new \n paragraph:\n ``(4) Notice of eligibility to medicaid beneficiaries.--Not \n later than July 15, 2004, each State or the Secretary (at the \n option of each State) shall mail to each discount card eligible \n individual who is described in section 1860D-14(a)(3)(B)(v), \n but who has not enrolled in an endorsed discount card program \n as of July 1, 2004, a notice stating that--\n ``(A) such individual is eligible to enroll in an \n endorsed discount card program and to receive \n transitional assistance under subsection (g);\n ``(B) if such individual does not enroll before \n August 15, 2004, such individual will automatically be \n enrolled in an endorsed discount card program selected \n by the Secretary unless the individual notifies the \n Secretary that such individual does not wish to be so \n enrolled;\n ``(C) if the individual is enrolled in an endorsed \n discount card program during 2004, the individual will \n be permitted to change enrollment under subsection \n (c)(1)(C)(ii) for 2005; and\n ``(D) there is no obligation to use the endorsed \n discount card program or transitional assistance when \n purchasing prescription drugs.''.\n (c) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of section 101 of the Medicare \nPrescription Drug, Improvement, and Modernization Act of 2003 (Public \nLaw 108-173; 117 Stat. 2071).\n\n\n\n\n ","summary":"Medicare Assurance of Rx Transitional Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of Medicare Savings Program (MSP) beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process.","title":"A bill to amend title XVIII of the Social Security Act to provide for the automatic enrollment of medicaid beneficiaries for prescription drug benefits under part D of such title, and for other purposes.","text_len":7115,"sum_len":466} {"bill_id":"109_s1810","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Outer Continental Shelf Revenue \nSharing Act of 2005''.\n\nSEC. 2. OUTER CONTINENTAL SHELF REVENUE SHARING.\n\n Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. \n1356a) is amended--\n (1) in subsection (a)--\n (A) by striking paragraph (7);\n (B) by redesignating paragraphs (8), (9), and (10) \n as paragraphs (7), (8), and (9), respectively;\n (C) in paragraph (8) (as redesignated by \n subparagraph (B)), by striking subparagraph (B) and \n inserting the following:\n ``(B) Inclusion.--The term `producing State' \n includes any State that begins production on a leased \n tract on or after the date of enactment of the Outer \n Continental Shelf Revenue Sharing Act of 2005, \n regardless of whether the leased tract was on any date \n subject to a leasing moratorium.''; and\n (D) in paragraph (9) (as redesignated by \n subparagraph (B)), by striking subparagraph (C); and\n (2) in subsection (b)(4), by striking subparagraph (E).\n\nSEC. 3. ESTABLISHMENT OF SEAWARD LATERAL BOUNDARIES FOR COASTAL STATES.\n\n Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 \nU.S.C. 1333(a)(2)(A)) is amended--\n (1) by inserting ``(i)'' after ``(A)'';\n (2) in the first sentence--\n (A) by striking ``President shall'' and inserting \n ``Secretary shall by regulation''; and\n (B) by inserting before the period at the end the \n following: ``not later than 180 days after the date of \n enactment of the Outer Continental Shelf Revenue \n Sharing Act of 2005''; and\n (3) by adding at the end the following:\n ``(ii)(I) For purposes of this Act (including determining \nboundaries to authorize leasing and preleasing activities and any \nattributing revenues under this Act and calculating payments to \nproducing States and coastal political subdivisions under section 31), \nthe Secretary shall delineate the lateral boundaries between coastal \nStates in areas of the Outer Continental shelf under exclusive Federal \njurisdiction, to the extent of the exclusive economic zone of the \nUnited States, in accordance with article 15 of the United Nations \nConvention on the Law of the Sea of December 10, 1982.\n ``(II) This clause shall not affect any right or title to Federal \nsubmerged land on the outer Continental Shelf.''.\n\nSEC. 4. OPTION TO PETITION FOR LEASING WITHIN CERTAIN AREAS ON THE \n OUTER CONTINENTAL SHELF.\n\n Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. \n1341) is amended by adding at the end the following:\n ``(g) Leasing Within the Seaward Lateral Boundaries of Coastal \nStates.--\n ``(1) Definition of affected area.--In this subsection, the \n term `affected area' means any area located--\n ``(A) in the areas of northern, central, and \n southern California and the areas of Oregon and \n Washington;\n ``(B) in the north, middle, or south planning area \n of the Atlantic Ocean;\n ``(C) in the eastern Gulf of Mexico planning area \n and lying--\n ``(i) south of 26 degrees north latitude; \n and\n ``(ii) east of 86 degrees west longitude; \n or\n ``(D) in the Straits of Florida.\n ``(2) Restrictions on leasing.--The Secretary shall not \n offer for offshore leasing, preleasing, or any related \n activity--\n ``(A) any area located on the outer Continental \n Shelf that, as of the date of enactment of this \n subsection, is designated as a marine sanctuary under \n the Marine Protection, Research, and Sanctuaries Act of \n 1972 (33 U.S.C. 1401 et seq.); or\n ``(B) except as provided in paragraphs (3) and (4), \n during the period beginning on the date of enactment of \n this subsection and ending on June 30, 2012, any \n affected area.\n ``(3) Resource assessments.--\n ``(A) In general.--Beginning on the date on which \n the Secretary delineates seaward lateral boundaries \n under section 4(a)(2)(A)(ii), a Governor of a State in \n which an affected area is located, with the consent of \n the legislature of the State, may submit to the \n Secretary a petition requesting a resource assessment \n of any area within the seaward lateral boundary of the \n State.\n ``(B) Eligible resources.--A petition for a \n resource assessment under subparagraph (A) may be for--\n ``(i) oil and gas leasing;\n ``(ii) gas-only leasing; or\n ``(iii) any other energy source leasing, \n including renewable energy leasing.\n ``(C) Action by secretary.--Not later than 90 days \n after receipt of a petition under subparagraph (A), the \n Secretary shall approve the petition, unless the \n Secretary determines that a resource assessment of the \n area would create an unreasonable risk of harm to the \n marine, human, or coastal environment of the State.\n ``(D) Failure to act.--If the Secretary fails to \n approve or deny a petition in accordance with \n subparagraph (C)--\n ``(i) the petition shall be considered to \n be approved; and\n ``(ii) a resource assessment of any \n appropriate area shall be carried out as soon \n as practicable.\n ``(E) Submission to state.--As soon as practicable \n after the date on which a petition is approved under \n subparagraph (C) or (D), the Secretary shall--\n ``(i) complete the resource assessment for \n the area; and\n ``(ii) submit the completed resource \n assessment to the State.\n ``(4) Petition for leasing.--\n ``(A) In general.--On receipt of a resource \n assessment under paragraph (3)(E)(ii), the Governor of \n a State in which an affected area is located, with the \n consent of the legislature of the State, may submit to \n the Secretary a petition requesting that the Secretary \n make available any land that is within the seaward \n lateral boundaries of the State (as established under \n section 4(a)(2)(A)(ii)) and that is greater than 20 \n miles from the coastline of the State for the conduct \n of offshore leasing, pre-leasing, or related activities \n with respect to--\n ``(i) oil and gas leasing;\n ``(ii) gas-only leasing; or\n ``(iii) any other energy source leasing, \n including renewable energy leasing.\n ``(B) Action by secretary.--Not later than 90 days \n after receipt of a petition under subparagraph (A), the \n Secretary shall approve the petition, unless the \n Secretary determines that leasing the area would create \n an unreasonable risk of harm to the marine, human, or \n coastal environment of the State.\n ``(C) Failure to act.--If the Secretary fails to \n approve or deny a petition in accordance with \n subparagraph (B)--\n ``(i) the petition shall be considered to \n be approved; and\n ``(ii) any appropriate area shall be made \n available for oil and gas leasing, gas-only \n leasing, or any other energy source leasing, \n including renewable energy leasing.\n ``(5) Revenue sharing.--\n ``(A) In general.--Beginning on the date on which \n production begins in an area under this subsection, the \n State shall, without further appropriation, share in \n any qualified outer Continental Shelf revenues of the \n production under section 31.\n ``(B) Applicable law.--\n ``(i) In general.--Except as provided in \n clause (ii), a State shall not be required to \n comply with subsections (c) and (d) of section \n 31 to share in qualified outer Continental \n Shelf revenues under subparagraph (A).\n ``(ii) Exception.--Of any qualified outer \n Continental Shelf revenues received by a State \n (including a political subdivision of a State) \n under subparagraph (A), at least 25 percent \n shall be used for 1 or more of the purposes \n described in section 31(d)(1).\n ``(6) Effect.--Nothing in this subsection affects any right \n relating to an area described in paragraph (1) or (2) under a \n lease that was in existence on the day before the date of \n enactment of this subsection.''.\n\nSEC. 5. REGULATIONS.\n\n (a) In General.--The Secretary of the Interior shall issue such \nregulations as are necessary to carry out this Act and the amendments \nmade by this Act, including regulations establishing procedures for \nentering into gas-only leases.\n (b) Gas-Only Leases.--In issuing regulations establishing \nprocedures for entering into gas-only leases, the Secretary shall--\n (1) ensure that gas-only leases under the Outer Continental \n Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a \n State that (as of the day before the date of enactment of this \n Act) did not contain an affected area (as defined in section \n 12(g)(1) of that Act (as added by section 4)); and\n (2) define ``natural gas'' as--\n (A) unmixed natural gas; or\n (B) any mixture of natural or artificial gas \n (including compressed or liquefied petroleum gas) and \n condensate recovered from natural gas.","summary":"Outer Continental Shelf Revenue Sharing Act of 2005 - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the coastal impact assistance program to: (1) repeal references to leasing moratoria. (2) redefine a producing state as one that begins production on a leased tract on or after the date of enactment of this Act, regardless of whether the leased tract was on any date subject to a leasing moratorium. (3) repeal the exclusion of certain revenues from qualified Outer Continental Shelf revenues. And (4) repeal the exclusion of certain leased tracts from the statutory formula for payments to coastal political subdivisions. Directs the Secretary of the Interior to delineate the lateral boundaries between coastal states in areas of the Outer Continental Shelf under exclusive federal jurisdiction. Prescribes guidelines for petitions to lease within the seaward lateral boundaries of coastal states. Includes guidelines under which a state shall share in qualified Outer Continental Shelf revenues as of the date production begins under this Act. Directs the Secretary of the Interior to issue implementing regulations, including procedures for entering into gas-only leases.","title":"A bill to amend the Outer Continental Shelf Lands Act to allow certain coastal States to share in qualified outer Continental Shelf revenues.","text_len":11103,"sum_len":1192} {"bill_id":"105_hr3174","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Campaign Disclosure Act \nof 1998''.\n\nSEC. 2. MANDATORY ELECTRONIC PRESERVATION AND FILING OF FEDERAL \n ELECTION COMMISSION REPORTS; ACCESS THROUGH INTERNET \n SITE.\n\n (a) Electronic Filing Through the Internet.--Section 304(a)(11) of \nthe Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is \namended to read as follows:\n ``(11)(A) Through a competitive bidding process, the Commission \nshall establish a public Internet site not later than January 1, 1999, \nwith the following features:\n ``(i) Any person filing a report required by this Act may \n post the report directly on the site.\n ``(ii) Any member of the public may obtain the reports \n posted on the site (together with any other information the \n Commission may make available through the site) at any time.\n ``(iii) Any information in a report posted on the site \n shall be subject to the same prohibition on sale and use as \n information from a report or statement under paragraph (4).\n ``(iv) All information posted on the site shall be \n integrated in a manner which permits users to search the \n information across categories and sources.\n ``(B)(i) The Commission shall permit each person required to file a \nreport under this Act to file the report by posting it directly on the \nInternet site established under subparagraph (A), or by filing it by \nsuch electronic method as the Commission may designate to enable the \nCommission to post the report on such site immediately upon receipt.\n ``(ii) The Commission shall require a person to file a report under \nthis Act in accordance with the methods described in clause (i) during \nan election cycle if the aggregate amount of contributions or \nexpenditures reported previously by the person during the cycle exceeds \n$25,000.\n ``(C) The Commission shall provide for one or more methods (other \nthan requiring a signature on the report being filed) for verification \nof reports filed in accordance with the methods described in \nsubparagraph (B)(i). Any verification under the preceding sentence \nshall be treated for all purposes (including penalties for perjury) in \nthe same manner as a verification by signature.\n ``(D) As used in this paragraph, the term ``report'' means, with \nrespect to the Commission, a report, designation, or statement required \nby this Act to be filed with the Commission.''.\n (b) Requiring Commission To Make Software Available.--Section \n311(a) of such Act (2 U.S.C. 438(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (9);\n (2) by striking the period at the end of paragraph (10) and \n inserting ``; and''; and\n (3) by adding at the end the following new paragraph:\n ``(11) through competitive bidding, obtain and provide for \n computer software required to carry out section 304(a)(11).''.\n (c) Internet Defined.--Section 301 of such Act (2 U.S.C. 431) is \namended by striking paragraph (19) and inserting the following new \nparagraph:\n ``(19) The term `Internet' means the international computer network \nof both Federal and non-Federal interoperable packet-switched data \nnetworks.''.\n\nSEC. 3. REQUIRING REPORTING OF ALL CONTRIBUTIONS OF $100 OR MORE WITHIN \n 10 DAYS OF RECEIPT.\n\n Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n434) is amended by adding at the end the following new subsection:\n ``(d)(1) If a political committee is required under subsection \n(a)(11)(B)(ii) to file reports under this Act electronically during an \nelection cycle, the committee shall file a report with the Commission \nlisting each contribution of $100 or more received by the committee \nduring the cycle after the date on which such subsection first applies \nto the committee. The committee shall file such report not later than \n10 days after receipt, and shall include the identification of the \ncontributor, the date of receipt and amount of the contribution, and \n(in the case of an authorized committee of a candidate) the name of the \ncandidate and the office sought by the candidate.\n ``(2) The report required under this paragraph shall be in addition \nto all other reports required under this Act.''.\n\nSEC. 4. EXPANDING TYPES OF CONTRIBUTIONS TO PRINCIPAL CAMPAIGN \n COMMITTEES SUBJECT TO EXPEDITED REPORTING; SHORTENING \n DEADLINE FOR REPORTING TO WITHIN 24 HOURS OF RECEIPT.\n\n Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 \nU.S.C. 434(a)(6)) is amended--\n (1) by redesignating subparagraph (B) as subparagraph (C); \n and\n (2) by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) In the case of a principal campaign committee which is \nrequired under subsection (a)(11)(B)(ii) to file reports under this Act \nelectronically during an election cycle, subparagraph (A) shall apply \nwith respect to any contribution received by the committee after the \ndate on which such subsection first applies to the committee as if--\n ``(i) the reference to `$1,000' were a reference to `$100';\n ``(ii) the reference to `20th day' were a reference to \n `90th day'; and\n ``(iii) the reference in the second sentence to `48 hours' \n were a reference to `24 hours'.''.\n\nSEC. 5. ELECTION CYCLE DEFINED.\n\n Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. \n431) is amended by striking paragraph (19) and inserting the following \nnew paragraph:\n ``(19) The term `election cycle' means--\n ``(A) in the case of a candidate or the authorized \n committees of a candidate, the term beginning on the day after \n the date of the most recent general election for the specific \n office or seat which such candidate seeks and ending on the \n date of the next general election for such office or seat; or\n ``(B) for all other persons, the term beginning on the \n first day following the date of the last general election and \n ending on the date of the next general election.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to \nelections occurring after January 1999.","summary":"Electronic Campaign Disclosure Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to: (1) establish a specified public Internet site not later than January 1, 1999. (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt. (3) provide for one or more methods for verification of reports filed in accordance with the methods described in the preceding. (4) require a person to file a report in accordance with the methods described during an election cycle if the aggregate amount of contributions and expenditures reported previously by the person during the cycle exceeds $25,000. And (5) obtain and provide for computer software required to carry out this Act through competitive bidding. Requires that if a political committee is required to file reports electronically during an election cycle, the committee shall file a report listing each contribution of $100 or more received by the committee not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and the candidate's name and the office sought by the candidate. Expands the types of contributions required to be reported by principal campaign committees subject to the mandatory electronic reporting requirements under this Act and changes the deadline for reporting such contributions by any authorized committee of a candidate.","title":"Electronic Campaign Disclosure Act of 1998","text_len":6414,"sum_len":1605} {"bill_id":"110_hr6418","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Developing Resources Immediately and \nLong-Term through Leases on Our Nation's Offshore Waters Act of 2008'' \nor the ``DRILL NOW Act of 2008''.\n\nSEC. 2. TERMINATION OF LAWS PROHIBITING THE SPENDING OF APPROPRIATED \n FUNDS FOR OUTER CONTINENTAL SHELF LEASING ACTIVITIES.\n\n All provisions of existing Federal law prohibiting the spending of \nappropriated funds to conduct oil and natural gas leasing and \npreleasing activities for any area of the Outer Continental Shelf shall \nhave no force or effect.\n\nSEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS.\n\n All withdrawals of Federal submerged lands of the Outer Continental \nShelf from leasing, including withdrawals by the President under the \nauthority of section 12(a) of the Outer Continental Shelf Lands Act (43 \nU.S.C. 1341(a)), are hereby revoked and are no longer in effect with \nrespect to the leasing of areas for exploration for, and development \nand production of, oil, and natural gas.\n\nSEC. 4. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.\n\n All authorities given to the President with respect to the leasing \nof Federal submerged lands of the Outer Continental Shelf, given under \nsection 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1341(a)), are hereby revoked, except in the interest of national \nsecurity.\n\nSEC. 5. AVAILABILITY OF CERTAIN AREAS FOR LEASING.\n\n Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) \nis amended by adding at the end the following:\n ``(q) Availability of Certain Areas for Leasing.--\n ``(1) Definitions.--In this subsection:\n ``(A) Governor.--The term `Governor' means the \n Governor of a State.\n ``(B) Qualified revenues.--The term `qualified \n revenues' means all rentals, royalties, bonus bids, and \n other sums due and payable to the United States from \n leases entered into on or after the date of enactment \n of this Act for natural gas exploration and extraction \n activities authorized by the Secretary under this \n subsection.\n ``(2) Petition.--\n ``(A) In general.--The Governor may submit to the \n Secretary a petition requesting that the Secretary \n issue leases authorizing the conduct of oil and natural \n gas exploration and extraction activities in any area \n that is at least 50 miles beyond the coastal zone of \n the State.\n ``(B) Contents.--In any petition under subparagraph \n (A), the Governor shall include a detailed plan of the \n proposed exploration and extraction activities, as \n applicable.\n ``(3) Action by secretary.--\n ``(A) In general.--Subject to subparagraph (D), as \n soon as practicable after the date of receipt of a \n petition under paragraph (2), the Secretary shall \n approve or deny the petition.\n ``(B) Requirements for exploration and \n extraction.--The Secretary shall not approve a petition \n submitted under paragraph (2)(A) unless the State \n enacts legislation supporting exploration and \n extraction of oil and natural gas in the coastal zone \n of the State.\n ``(C) Consistency with legislation.--The plan \n provided in the petition under paragraph (2)(B) shall \n be consistent with the legislation described in \n subparagraph (B) as applicable.\n ``(D) Conflicts with military operations and \n national security.--The Secretary shall not approve a \n petition for a drilling activity under this paragraph \n if the drilling activity would conflict with any \n military operation or national security, as determined \n by the President.\n ``(4) Disposition of revenues.--Notwithstanding section 9, \n for each applicable fiscal year, the Secretary of the Treasury \n shall deposit--\n ``(A) 25 percent of qualified revenues in a Clean \n and Alternative Energy Fund in the Treasury, which \n shall be established by the Secretary;\n ``(B) 25 percent of qualified revenues in the \n general fund of the Treasury;\n ``(C) 37.5 percent of qualified revenues in a \n special account in the Treasury from which the \n Secretary shall disburse to the State; and\n ``(D) 6.25 percent to provide financial assistance \n to States in accordance with section 6 of the Land and \n Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), \n which shall be considered income to the Land and Water \n Conservation Fund for purposes of section 2 of that Act \n (16 U.S.C. 460l-5); and\n ``(E) 6.25 percent to a reserve fund to be used to \n mitigate for any environmental damage that occurs as a \n result of extraction activities authorized under this \n subsection, regardless of whether the damage is--\n ``(i) reasonably foreseeable; or\n ``(ii) caused by negligence, natural \n disasters, or other acts.\n ``(5) Existing leases.--Any funds that would be received by \n the United States as royalties under any Federal oil and gas \n lease of an area on the outer Continental Shelf within 50 miles \n of the coastal zone of the State of Texas, Louisiana, \n Mississippi, or Alabama that is in effect on the date of \n enactment of the DRILL NOW Act of 2008 shall be paid to that \n State if the State enacts a statute that establishes a plan for \n expenditure of those funds.''.","summary":"Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2008, or DRILL NOW Act of 2008 - Declares without force or effect all existing federal law which prohibits spending appropriated funds to conduct oil and natural gas leasing and preleasing on the outer Continental Shelf. Revokes: (1) all withdrawals from leasing on federal submerged lands of the outer Continental Shelf. And (2) Presidential authorities with respect to such leasing . Amends of the Outer Continental Shelf Lands Act to authorize a state governor to petition the Secretary of the Interior to issue leases for oil and natural gas exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone. Cites circumstances under which the Secretary shall approve or deny the petition. Instructs the Secretary of the Treasury to deposit revenues from leasing operations into designated funds and accounts. Provides that any funds that would be received by the United States as royalties under any existing federal oil and gas lease on the outer Continental Shelf that lies within 50 miles of the coastal zone of the states of Texas, Louisiana, Mississippi, or Alabama shall be paid to that state if it enacts an expenditure plan for those funds.","title":"To achieve greater national energy independence by terminating longstanding moratoriums on the domestic production of offshore oil and natural gas and to authorize States to petition for authorization to conduct offshore oil and natural gas exploration and extraction in the coastal zone of their State.","text_len":6202,"sum_len":1297} {"bill_id":"108_s900","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lower Yellowstone Reclamation \nProjects Conveyance Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Diversion works.--The term ``Diversion Works'' means \n the land in the N\\1\/2\\NW\\1\/4\\ of Sec. 36, T.18N., R.56E. P. M., \n Montana, and the diversion dam structure, canal headworks \n structure, and the first section of the main canal, all \n contained therein.\n (2) Intake irrigation district.--The term ``Intake \n Irrigation District'' means the irrigation district by that \n name that is organized under the laws of the State of Montana \n and operates the Intake Project.\n (3) Intake project.--The term ``Intake Project'' means the \n Federal irrigation feature operated by the Intake Irrigation \n District and authorized under the Act of August 11, 1939 \n (chapter 717; 53 Stat. 1418).\n (4) Irrigation districts.--The term ``irrigation \n districts'' means--\n (A) the Intake Irrigation District;\n (B) the Lower Yellowstone Irrigation District No. \n 1;\n (C) the Lower Yellowstone Irrigation District No. \n 2; and\n (D) the Savage Irrigation District.\n (5) Lower yellowstone irrigation district no. 1.--The term \n ``Lower Yellowstone Irrigation District No. 1'' means the \n irrigation district by that name that is organized under the \n laws of the State of Montana and operates the part of the Lower \n Yellowstone Irrigation Project located in the State of Montana.\n (6) Lower yellowstone irrigation district no. 2.--The term \n ``Lower Yellowstone Irrigation District No. 2'' means the \n irrigation district by that name that is organized under the \n laws of the State of North Dakota and operates the part of the \n Lower Yellowstone Irrigation Project located in the State of \n North Dakota.\n (7) Lower yellowstone irrigation project.--The term ``Lower \n Yellowstone Irrigation Project'' means the Federal irrigation \n feature operated by Lower Yellowstone Irrigation District No. 1 \n and Lower Yellowstone Irrigation District No. 2 and authorized \n by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388).\n (8) Memorandum of understanding.--The term ``Memorandum of \n Understanding'' means the memorandum of understanding dated \n November 16, 1999, and any subsequent replacements or \n amendments between the Districts and the Montana Area Office, \n Great Plains Region, Bureau of Reclamation, for the purpose of \n defining certain principles by which the title to the projects \n will be transferred from the United States to the districts.\n (9) Pick-sloan missouri basin program.--The term ``Pick-\n Sloan Missouri Basin Program'' means the comprehensive Federal \n program for multipurpose benefits within the Missouri River \n Basin, including irrigation authorized by section 9 of the Act \n of December 22, 1944, commonly known as the ``Flood Control Act \n of 1944'' (chapter 665; 58 Stat. 891).\n (10) Pick-sloan missouri basin program project use power.--\n The term ``Pick-Sloan Missouri Basin Program Project Use \n Power'' means power available for establishing and maintaining \n the irrigation developments of the Pick-Sloan Missouri Basin \n Program.\n (11) Projects.--The term ``Projects'' means--\n (A) the Lower Yellowstone Irrigation Project;\n (B) the Intake Irrigation Project; and\n (C) the Savage Unit.\n (12) Savage irrigation district.--The term ``Savage \n Irrigation District'' means the irrigation district by that \n name that is organized under the laws of the State of Montana \n and operates the Savage Unit.\n (13) Savage unit.--The term ``Savage Unit'' means the \n Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal \n irrigation development authorized by the Act of December 22, \n 1944 (commonly known as the ``Flood Control Act of 1944'') \n (chapter 665; 58 Stat. 891).\n (14) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 3. CONVEYANCE OF PROJECTS.\n\n (a) Conveyances.--\n (1) General.--As soon as practicable after the date of \n enactment of this Act, the Secretary shall convey works, \n facilities, and lands of the Projects to the Irrigation \n Districts in accordance with all applicable laws and pursuant \n to the terms of the Memorandum of Understanding. The conveyance \n shall take place in two stages, the first stage to include all \n conveyances under this Act except Diversion Works and the \n second stage to convey the Diversion Works.\n (2) Lands.--\n (A) General.--All lands, easements, and rights-of-\n way the United States possesses that are to be conveyed \nby the Secretary to the respective irrigation districts shall be \nconveyed by quitclaim deed. Conveyance of such lands, easements, and \nrights-of-way is subject to permits, licenses, leases, rights-of-use, \nor right-of-way of record outstanding in third parties on, over, or \nacross such lands, easements, and rights-of-way.\n (B) Mineral rights.--Conveyance of all lands herein \n described shall be subject to a reservation by the \n United States reserving all minerals of a nature \n whatsoever, excluding sand and gravel, and subject to \n oil, gas, and other mineral rights heretofore reserved \n of record by or in favor of third parties.\n (3) Water rights.--The Secretary shall transfer to the \n respective Irrigation Districts in accordance with and subject \n to the law of the State of Montana, all natural flow, \n wastewater, seepage, return flow, domestic water, stock water, \n and groundwater rights held in part or wholly in the name of \n the United States that are used to serve the lands within the \n Irrigation Districts.\n (4) Costs.--\n (A) Reclamation withdrawn lands.--The Irrigation \n Districts shall purchase Reclamation withdrawn lands as \n identified in the Memorandum of Understanding for their \n value in providing operation and maintenance benefits \n to the Irrigation Districts.\n (B) Savage unit repayment obligations.--\n (i) Savage irrigation district.--As a \n condition of transfer, the Secretary shall \n receive an amount from the Savage Irrigation \n District equal to the present value of the \n remaining water supply repayment obligation of \n $60,480 that shall be treated as full payment \n under Contract Number I1r-1525, as amended and \n as extended by Contract No. 9-07-60-WO770.\n (ii) Pick-sloan missouri basin program \n construction obligation.--As a condition of \n transfer, the Secretary shall accept $94,727 as \n payment from the Pick-Sloan Missouri Basin \n Program (Eastern Division) power customers \n under the terms specified in this section, as \n consideration for the conveyance under this \n subsection. This payment shall be out of the \n receipts from the sale of power from the Pick-\n Sloan Missouri Basin Program (Eastern Division) \n collected by the Western Area Power \n Administration and deposited into the \n Reclamation fund of the Treasury in fiscal year \n 2003. This payment shall be treated as full and \n complete payment by the power customers of the \n construction aid-to-irrigation associated with \n the facilities of the Savage Unit.\n (b) Revocation of Reclamation Withdrawals and Orders.--\n (1) The Reclamation withdrawal established by Public Land \n Order 4711 dated October 6, 1969, for the Lower Yellowstone \n Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 \n E., is hereby revoked in its entirety.\n (2) The Secretarial Order of March 22, 1906, which was \n issued for irrigation works on lots 3 and 4 section 2, T. 23N., \n R. 59E., and Secretarial Order of August 8, 1905, which was \n issued for irrigation works in section 2, T. 17 N., R. 56 E. \n and section 6, T. 17 N., R. 57 E., are hereby revoked in their \n entirety.\n (3) The Secretarial Order of August 24, 1903, and July 27, \n 1908, which were issued in connection with the Lower \n Yellowstone Irrigation Project, are revoked insofar as they \n affect the following lands:\n (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., \n R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 \n and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\\1\/4\\NW\\1\/4\\ \n of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\\1\/\n 4\\SW\\1\/4\\ of Sec. 20, T.22N., R.59E.; SE\\1\/4\\NE\\1\/4\\ of \n Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., \n R.60E.; all in the Principal Meridian, Montana.\n (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 \n and NE\\1\/4\\NE\\1\/4\\ of Sec. 10 and lot 2 of Sec. 11 and \n lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., \n R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in \n the Fifth Principal Meridian, North Dakota.\n\nSEC. 4. REPORT.\n\n If the conveyance under this Act has not occurred within 2 years \nafter the date of the enactment of this Act for the first stage \nconveyances as provided in section 3, and 5 years after the date of the \nenactment of this Act for the second stage conveyances as provided in \nsection 3, the Secretary shall provide a report to the Committee on \nResources of the House of Representatives and the Committee on Energy \nand Resources of the Senate on the status of the transfer and \nanticipated completion date.\n\nSEC. 5. RECREATION MANAGEMENT.\n\n As a condition of the Conveyance of lands under section 3, the \nSecretary shall require that Lower Yellowstone Irrigation District No. \n1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual \nconservation easement to the State of Montana, at no cost to the State, \nfor the purposes of protecting, preserving, and enhancing the \nconservation values and permitting recreation on Federal lands in part \nto be conveyed under this Act. Lower Yellowstone Irrigation District No \n1, Lower Yellowstone Irrigation District No. 2, and the State of \nMontana have mutually agreed upon such conservation easement.\n\nSEC. 6. PROJECT PUMPING POWER.\n\n The Secretary shall sustain the irrigation developments established \nby the Lower Yellowstone and Intake Projects and the Savage Unit as \ncomponents of the irrigation plan under the Pick-Sloan Missouri River \nBasin Program and shall continue to provide the Irrigation Districts \nwith Pick-Sloan Missouri River Basin Project Use power at the \nIrrigation Districts' pumping plants, except that the rate shall be at \nthe preference power rate and there shall be no ability-to-pay \nadjustment.\n\nSEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.\n\n (a) General.--The Secretary, prior to the transfer of title of the \nDiversion Works and in cooperation with the Irrigation Districts, shall \nprovide fish protection devices to prevent juvenile and adult fish from \nentering the Main Canal of the Lower Yellowstone Irrigation Project and \nallow bottom dwelling fish species to migrate above the Project's \nIntake Diversion Dam.\n (b) Participation.--The Secretary and the Irrigation District shall \nwork cooperatively in planning, engineering, and constructing the fish \nprotection devices.\n (c) Construction Schedule.--Construction of Fish Protection Devices \nshall be completed within 2 years after the date of enactment of this \nAct.\n (d) Monitoring.--The Secretary, acting through the Commissioner of \nthe Bureau of Reclamation and the Director of the United States Fish \nand Wildlife Service, prior to the transfer of title of the Diversion \nWorks, shall establish and conduct a monitoring plan to measure the \neffectiveness of the devices for a period of 2 years after construction \nis completed.\n (e) Modifications.--The Commissioner of the Bureau of Reclamation, \nprior to the transfer of title of the Diversion Works, shall be \nresponsible to modify the devices as necessary to ensure proper \nfunctioning. All modifications shall be completed within 3 years after \nthe devices were initially constructed.\n (f) Costs.--Costs incurred in planning, engineering, constructing, \nmonitoring, and modifying all fish protection devices shall be deemed \nnonreimbursable.\n (g) Operation, Maintenance, and Replacements Responsibility.--\nFollowing completion of monitoring and modifications required under \nthis section, the Irrigation Districts shall operate, maintain, and \nreplace the fisheries protection devices in a manner to ensure proper \nfunctioning.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to implement this section.\n\nSEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.\n\n Upon conveyance of the projects under this Act, the Irrigation \nDistricts shall not be subject to the Reclamation laws or entitled to \nreceive any Reclamation benefits under those laws except as provided in \nsection 6.\n\nSEC. 9. LIABILITY.\n\n Effective on the date of conveyance of a project under this Act, \nthe United States shall not be liable under any State or Federal law \nfor damages of any kind arising out of any act, omission, or occurrence \nrelating to the projects, except for damages caused by acts of \nnegligence committed by the United Stated or by its employees, agents, \nor contractors prior to the date of this conveyance. Nothing in this \nsection shall be considered to increase the liability of the United \nStates beyond that currently provided in chapter 171 of title 28, \nUnited States Code, popularly known as the Federal Tort Act.\n\nSEC. 10. COMPLIANCE WITH LAWS.\n\n As a condition of the Conveyances under section 3, the Secretary \nshall by no later than the date on which the conveyances occur complete \nappropriate analyses of the transfer in compliance with the \nrequirements of the National Environmental Policy Act of 1969 (42 \nU.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. \n1531 et seq.), and other applicable laws.","summary":"Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 , the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works to be conveyed in the first stage. And (2) the Diversion Works to be conveyed in the second stage. Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits. Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit. And (2) a specified amount from the Pick Sloan Missouri Basin Program power customers as full payment for the construction aid-to-irrigation associated with Unit facilities. Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service, and (2) Yellowstone River fisheries protection.","title":"A bill to convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts.","text_len":15390,"sum_len":1811} {"bill_id":"104_hr1807","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Media Protection Act of \n1995''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) On average, a child in the United States is exposed to \n 27 hours of television each week, and some children are exposed \n to as much as 11 hours of television each day.\n (2) The average American child watches 8,000 murders and \n 100,000 acts of other violence on television by the time the \n child completes elementary school.\n (3) By the age of 18 years, the average American teenager \n has watched 200,000 acts of violence on television, including \n 40,000 murders.\n (4) The Times Mirror Center reports that a recent poll of \n Americans indicates that 72 percent of the American people \n believe that there is too much violence on television, and, \n according to a survey by U.S. News and World Report dated May \n 1994, 91 percent of American voters believe that mayhem in the \n media contributes to violence in real life.\n (5) On several occasions since 1975, The Journal of the \n American Medical Association has alerted the medical community \n to the adverse effects of televised violence on child \n development, including an increase in the level of aggressive \n behavior and violent behavior among children who view it.\n (6) The National Commission on Children recommended in 1991 \n that producers of television programs exercise greater \n restraint in the content of programming for children.\n (7) A report of the Harry Frank Guggenheim Foundation, \n dated May 1993, indicates that there is an irrefutable \n connection between the amount of violence depicted in the \n television programs watched by children and increased \n aggressive behavior among children.\n (8) It is in the national interest that parents be \n empowered with the technology to block the viewing of \n television programs that are clearly inappropriate for children \n because of their sexual, violent, or indecent content.\n (9) Technology currently exists to permit the manufacture \n of television receivers that are capable of permitting parents \n to block such television programs.\n\nSEC. 3. ESTABLISHMENT OF TELEVISION RATING CODE.\n\n Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is \namended by adding at the end the following:\n ``(v) Prescribe--\n ``(1) on the basis of recommendations from an advisory \n committee established by the Commission that is composed of \n television broadcasters, television programming producers, \n cable operators, appropriate public interest groups, and other \n interested individuals from the private sector and that is \n fairly balanced in terms of the points of view represented and \n the functions to be performed by the committee, rules to \n identify and rate sexual, violent, and indecent television \n programming that is clearly inappropriate for children, and\n ``(2) rules for the transmission by distributors of \n television programming of signals that contain an \n identification of the rating (pursuant to the rules prescribed \n under paragraph (1)) of the programming being distributed and \n that permit television viewers to block sexual, violent, and \n indecent television programming that is clearly inappropriate \n for children.''.\n\nSEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS.\n\n Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as \namended by section 3, is further amended by adding at the end the \nfollowing:\n ``(w) Require, in the case of apparatus designed to receive \ntelevision signals that are manufactured in the United States or \nimported for use in the United States and that have a picture screen 13 \ninches or greater in size (measured diagonally), that such apparatus--\n ``(1) be equipped with circuitry designed to enable viewers \n to block the display of channels, programs, and time slots; and\n ``(2) enable viewers to block display of all programs with \n a common rating.''.\n\nSEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS.\n\n (a) Regulations.--Section 330 of the Communications Act of 1934 (47 \nU.S.C. 330) is amended--\n (1) by redesignating subsection (c) as subsection (d); and\n (2) by adding after subsection (b) the following new \n subsection (c):\n ``(c)(1) Except as provided in paragraph (2), no person shall ship \nin interstate commerce, manufacture, assemble, or import from any \nforeign country into the United States any apparatus described in \nsection 303(w) of this Act except in accordance with rules prescribed \nby the Commission pursuant to the authority granted by that section.\n ``(2) This subsection shall not apply to carriers transporting \napparatus referred to in paragraph (1) without trading it.\n ``(3) The rules prescribed by the Commission under this subsection \nshall provide performance standards for blocking technology. Such rules \nshall require that all such apparatus be able to receive the rating \nsignals which have been transmitted by way of line 21 of the vertical \nblanking interval and which conform to the signal and blocking \nspecifications established by the Commission.\n ``(4) As new video technology is developed, the Commission shall \ntake such action as the Commission determines appropriate to ensure \nthat blocking service continues to be available to consumers.''.\n (b) Conforming Amendment.--Section 330(d) of such Act, as \nredesignated by subsection (a)(1), is amended by striking ``section \n303(s), and section 303(u)'' and inserting in lieu thereof ``and \nsections 303(s), 303(u), and 303(w)''.\n\nSEC. 6. ELIMINATION OF TELEVISION PROGRAMMING THAT IS INAPPROPRIATE FOR \n CHILDREN DURING CERTAIN HOURS.\n\n Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et \nseq.) is amended by adding at the end the following:\n\n ``prohibition on programming that is inappropriate for children\n\n ``Sec. 105. (a) The Commission shall, within 30 days of the date of \nthe enactment of this Act, initiate a rule-making proceeding to \nprescribe a prohibition on the broadcast on commercial television and \nby public telecommunications entities, including the broadcast by cable \noperators, from the hours of 6 a.m. to 9 p.m., inclusive, of \nprogramming that contains sexual, violent, and indecent television \nprogramming that is clearly inappropriate for children.\n ``(b) As used in this section:\n ``(1) The term `cable operator' has the meaning given such \n term in section 602 of the Communications Act of 1934 (47 \n U.S.C. 522).\n ``(2) The term `programming' includes advertisements but \n does not include bona fide newscasts, bona fide news \n interviews, bona fide news documentaries, and on-the-spot \n coverage of bona fide news events.\n ``(3) The term `public telecommunications entity' has the \n meaning given such term in section 397(12) of the \n Communications Act of 1934 (47 U.S.C. 397(12)).''.\n\nSEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND \n INFORMATIONAL PROGRAMMING FOR CHILDREN.\n\n (a) Broadcast Television.--Section 309 of the Communications Act of \n1934 (47 U.S.C. 309) is amended by adding at the end the following:\n ``(k) Educational and Information Programming for Children.--In \ngranting an application for a license for a television broadcasting \nstation (including an application for renewal of such a license), the \nCommission shall impose such conditions upon the applicant as the \nCommission requires in order to ensure that the applicant complies \nunder the license with the standards for children's television \nprogramming established under section 102 of the Children's Television \nAct of 1990 (47 U.S.C. 303a) and otherwise serves the educational and \ninformational needs of children through its overall programming.''.\n (b) Cable Service.--Part III of title VI of the Communications Act \nof 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 629. EDUCATIONAL AND INFORMATION PROGRAMMING FOR CHILDREN\n\n ``Sec. 629. A franchise, including the renewal of a franchise, may \nnot be awarded under this part unless the cable operator to be awarded \nthe franchise agrees to comply with the standards for children's \ntelevision programming established under section 102 of the Children's \nTelevision Act of 1990 (47 U.S.C. 303a) and to otherwise serve the \neducational and informational needs of children in the provision of \ncable service under the franchise.''.","summary":"Children's Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) prescribe rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children. (2) prescribe rules for the transmission by television programming distributors of signals that identify the programming rating and permit viewers to block such inappropriate programming. And (3) require television sets with picture screens of 13 inches or greater to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped. Requires performance standards for blocking technology. Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between 6 o'clock a. m. and 9 o'clock p. m. of such inappropriate programming. Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming. Prohibits a cable franchise award or renewal unless the cable operator complies with such standards.","title":"Children's Media Protection Act of 1995","text_len":8995,"sum_len":1525} {"bill_id":"115_hr827","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Imperial Valley Desert Conservation \nand Recreation Act''.\n\nSEC. 2. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK, CALIFORNIA.\n\n (a) In General.--On termination of all mining claims to the land \ndescribed in paragraph (2), the Secretary shall transfer the land \ndescribed in that paragraph to the State.\n (b) Description of Land.--The land referred to in paragraph (1) is \ncertain Bureau of Land Management land in San Diego County, California, \ncomprising approximately 934 acres, as generally depicted on the map \nentitled ``Table Mountain Wilderness Study Area Proposed Transfer to \nthe State'' and dated March 17, 2015.\n (c) Management.--\n (1) In general.--The land transferred under paragraph (1) \n shall be managed in accordance with the provisions of the \n California Wilderness Act (California Public Resources Code \n sections 5093.30-5093.40).\n (2) Withdrawal.--Subject to valid existing rights, the land \n transferred under paragraph (1) is withdrawn from--\n (A) all forms of entry, appropriation, or disposal \n under the public land laws;\n (B) location, entry, and patent under the mining \n laws; and\n (C) disposition under all laws relating to mineral \n and geothermal leasing.\n (3) Reversion.--If the State ceases to manage the land \n transferred under paragraph (1) as part of the State Park \n System or in a manner inconsistent with the California \n Wilderness Act (California Public Resources Code sections \n 5093.30-5093.40), the land shall revert to the Secretary at the \n discretion of the Secretary, to be managed as a Wilderness \n Study Area.\n\nSEC. 3. HOLTVILLE AIRPORT, IMPERIAL COUNTY.\n\n (a) In General.--On the submission of an application by Imperial \nCounty, California, the Secretary of Transportation shall, in \naccordance with section 47125 of title 49, United States Code, and \nsection 2641.1 of title 43, Code of Federal Regulations (or successor \nregulations) seek a conveyance from the Secretary of approximately \n3,500 acres of Bureau of Land Management land adjacent to the Imperial \nCounty Holtville Airport (L04) for the purposes of airport expansion.\n (b) Segregation.--The Secretary (acting through the Director of the \nBureau of Land Management) shall, with respect to the land to be \nconveyed under subsection (a)--\n (1) segregate the land;\n (2) endeavor to develop a joint Memorandum of Understanding \n with the Imperial County Board of Supervisors, the Department \n of Defense, and the Department of Transportation; such an \n agreement shall not impose any obligation, term, or condition \n on the property owned by Imperial County; and\n (3) prohibit the appropriation of the land until--\n (A) the date on which a joint Memorandum of \n Understanding is signed by the parties listed in \n paragraph (2);\n (B) the date on which a notice of realty action \n terminates the application; and\n (C) the date on which a document of conveyance is \n published.\n\nSEC. 4. VINAGRE WASH SPECIAL MANAGEMENT AREA.\n\n (a) Establishment.--There is established the Vinagre Wash Special \nManagement Area in the State, to be managed by the El Centro Field \nOffice and the Yuma Field Office of the Bureau of Land Management.\n (b) Purpose.--The purpose of the Management Area is to conserve, \nprotect, and enhance--\n (1) the plant and wildlife values of the Management Area; \n and\n (2) the outstanding and nationally significant ecological, \n geological, scenic, recreational, archaeological, cultural, \n historic, and other resources of the Management Area.\n (c) Boundaries.--The Management Area shall consist of the public \nland in Imperial County, California, comprising approximately 81,880 \nacres, as generally depicted on the map.\n (d) Map; Legal Description.--\n (1) In general.--As soon as practicable, but not later than \n 3 years, after the date of enactment of this title, the \n Secretary shall submit a map and legal description of the \n Management Area to--\n (A) the Committee on Natural Resources of the House \n of Representatives; and\n (B) the Committee on Energy and Natural Resources \n of the Senate.\n (2) Effect.--The map and legal description submitted under \n paragraph (1) shall have the same force and effect as if \n included in this title, except that the Secretary may correct \n any errors in the map and legal description.\n (3) Availability.--Copies of the map submitted under \n paragraph (1) shall be on file and available for public \n inspection in--\n (A) the Office of the Director of the Bureau of \n Land Management; and\n (B) the appropriate office of the Bureau of Land \n Management in the State.\n\nSEC. 5. MANAGEMENT.\n\n (a) In General.--The Secretary shall allow hiking, camping, \nhunting, and sightseeing and the use of motorized vehicles, mountain \nbikes, and horses on designated routes in the Management Area in a \nmanner that--\n (1) is consistent with the purpose of the Management Area \n described in section 4(b);\n (2) ensures public health and safety; and\n (3) is consistent with applicable laws and regulations, \n including the Desert Renewable Energy Conservation Plan.\n (b) Off-Highway Vehicle Use.--\n (1) In general.--Subject to paragraphs (2) and (3) and all \n other applicable laws, the use of off-highway vehicles shall be \n permitted on routes in the Management Area generally depicted \n on the map.\n (2) Closure.--The Secretary may temporarily close or \n permanently reroute a portion of a route described in paragraph \n (1)--\n (A) to prevent, or allow for restoration of, \n resource damage;\n (B) to protect tribal cultural resources, including \n the resources identified in the tribal cultural \n resources management plan;\n (C) to address public safety concerns; or\n (D) as otherwise required by law.\n (3) Designation of additional routes.--During the 3-year \n period beginning on the date of enactment of this title, the \n Secretary--\n (A) shall accept petitions from the public \n regarding additional routes for off-highway vehicles; \n and\n (B) may designate additional routes that the \n Secretary determines--\n (i) would provide significant or unique \n recreational opportunities; and\n (ii) are consistent with the purposes of \n the Management Area.\n (c) Withdrawal.--Subject to valid existing rights, all Federal land \nwithin the Management Area is withdrawn from--\n (1) all forms of entry, appropriation, or disposal under \n the public land laws;\n (2) location, entry, and patent under the mining laws; and\n (3) right-of-way, leasing, or disposition under all laws \n relating to--\n (A) minerals; or\n (B) solar, wind, and geothermal energy.\n (d) No Buffers.--The establishment of the Management Area shall \nnot--\n (1) create a protective perimeter or buffer zone around the \n Management Area; or\n (2) preclude uses or activities outside the Management Area \n that are permitted under other applicable laws, even if the \n uses or activities are prohibited within the Management Area.\n (e) Notice of Available Routes.--The Secretary shall ensure that \nvisitors to the Management Area have access to adequate notice relating \nto the availability of designated routes in the Management Area \nthrough--\n (1) the placement of appropriate signage along the \n designated routes;\n (2) the distribution of maps, safety education materials, \n and other information that the Secretary determines to be \n appropriate; and\n (3) restoration of areas that are not designated as open \n routes, including vertical mulching.\n (f) Stewardship.--The Secretary, in consultation with Indian tribes \nand other interests, shall develop a program to provide opportunities \nfor monitoring and stewardship of the Management Area to minimize \nenvironmental impacts and prevent resource damage from recreational \nuse, including volunteer assistance with--\n (1) route signage;\n (2) restoration of closed routes;\n (3) protection of Management Area resources; and\n (4) recreation education.\n (g) Protection of Tribal Cultural Resources.--Not later than 2 \nyears after the date of enactment of this title, the Secretary, in \naccordance with chapter 2003 of title 54, United States Code, and any \nother applicable law, shall--\n (1) prepare and complete a tribal cultural resources survey \n of the Management Area; and\n (2) consult with the Quechan Indian Nation and other Indian \n tribes demonstrating ancestral, cultural, or other ties to the \n resources within the Management Area on the development and \n implementation of the tribal cultural resources survey under \n paragraph (1).\n\nSEC. 6. POTENTIAL WILDERNESS.\n\n (a) Protection of Wilderness Character.--\n (1) In general.--The Secretary shall manage the Federal \n land in the Management Area described in paragraph (2) in a \n manner that preserves the character of the land for the \n eventual inclusion of the land in the National Wilderness \n Preservation System.\n (2) Description of land.--The Federal land described in \n this paragraph is--\n (A) the approximately 10,860 acres of land, as \n generally depicted as the Indian Pass Additions on the \n map entitled ``Vinagre Wash Proposed Special Management \n Area'' and dated November 10, 2009;\n (B) the approximately 17,250 acres of land, as \n generally depicted as Milpitas Wash Potential \n Wilderness on the map entitled ``Vinagre Wash Proposed \n Special Management Area'' and dated November 10, 2009;\n (C) the approximately 11,840 acres of land, as \n generally depicted as Buzzards Peak Potential \n Wilderness on the map entitled ``Vinagre Wash Proposed \n Special Management Area'' and dated November 10, 2009; \n and\n (D) the approximately 9,350 acres of land, as \n generally depicted as Palo Verde Mountains Potential \n Wilderness on the map entitled ``Vinagre Wash Proposed \n Special Management Area'' and dated November 10, 2009.\n (3) Use of land.--\n (A) Military uses.--The Secretary shall manage the \n Federal land in the Management Area described in \n paragraph (2) in a manner that is consistent with the \n Wilderness Act (16 U.S.C. 1131 et seq.), except that \n the Secretary may authorize use of the land by the \n Secretary of the Navy for Naval Special Warfare \n Tactical Training, including long-range small unit \n training and navigation, vehicle concealment, and \n vehicle sustainment training, in accordance with \n applicable Federal laws.\n (B) Prohibited uses.--The following shall be \n prohibited on the Federal land described in paragraph \n (2):\n (i) Permanent roads.\n (ii) Commercial enterprises.\n (iii) Except as necessary to meet the \n minimum requirements for the administration of \n the Federal land and to protect public health \n and safety--\n (I) the use of mechanized vehicles; \n and\n (II) the establishment of temporary \n roads.\n (4) Wilderness designation.--\n (A) In general.--The Federal land described in \n paragraph (2) shall be designated as wilderness and as \n a component of the National Wilderness Preservation \n System on the date on which the Secretary, in \n consultation with the Secretary of Defense, publishes a \n notice in the Federal Register that all activities on \n the Federal land that are incompatible with the \n Wilderness Act (16 U.S.C. 1131 et seq.) have \n terminated.\n (B) Designation.--On designation of the Federal \n land under clause (i)--\n (i) the land described in paragraph (2)(A) \n shall be incorporated in, and shall be \n considered to be a part of, the Indian Pass \n Wilderness;\n (ii) the land described in paragraph (2)(B) \n shall be designated as the ``Milpitas Wash \n Wilderness'';\n (iii) the land described in paragraph \n (2)(C) shall be designated as the ``Buzzard \n Peak Wilderness''; and\n (iv) the land described in paragraph (2)(D) \n shall be incorporated in, and shall be \n considered to be a part of, the Palo Verde \n Mountains Wilderness.\n (b) Administration of Wilderness.--Subject to valid existing \nrights, the land designated as wilderness or as a wilderness addition \nby this title shall be administered by the Secretary in accordance with \nthis Act and the Wilderness Act (16 U.S.C. 1131 et seq.).\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Management area.--The term ``Management Area'' means \n the Vinagre Wash Special Management Area.\n (2) Map.--The term ``map'' means the map entitled ``Vinagre \n Wash Proposed Special Management Area; Indian Pass Mountains \n and Palo Verde Mountains Potential Wilderness Additions, and \n Buzzards Peak, Milpitas Wash Potential Wilderness'' and dated \n February 19, 2015.\n (3) Public land.--The term ``public land'' has the meaning \n given the term ``public lands'' in section 103 of the Federal \n Land Policy and Management Act of 1976 (43 U.S.C. 1702).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means the State of \n California.","summary":"Imperial Valley Desert Conservation and Recreation Act This bill directs the Department of the Interior to convey to the state of California approximately 934 acres of specified public lands administered by the Bureau of Land Management (BLM) in San Diego County, upon termination of all mining claims to such lands, to be managed in accordance with the provisions of the California Wilderness Act. On the submission of an application by Imperial County, California, the Department of Transportation shall seek a conveyance from Interior of approximately 3,500 acres of BLM-administered land adjacent to the Imperial County Holtville Airport in Imperial County, California, for purposes of airport expansion. The bill establishes the Vinagre Wash Special Management Area in California to conserve, protect, and enhance its plant and wildlife values and nationally significant resources. The area shall consist of approximately 81,880 acres of certain public lands in Imperial County. Interior shall manage specified lands in the management area to preserve their character for eventual inclusion in the National Wilderness Preservation System.","title":"Imperial Valley Desert Conservation and Recreation Act","text_len":15612,"sum_len":1143} {"bill_id":"107_hr3568","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Afghanistan and Central Asian \nRepublics Sustainable Food Production Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) abject poverty and the inability to produce food, even \n at the subsistence level, in the rural, mountainous areas of \n Afghanistan and the Central Asian Republics have plagued the \n region for over 20 years;\n (2) extended food shortages in this region have resulted in \n the consumption of seed supplies and breeding livestock \n necessary to continue farming and food production;\n (3) ongoing and violent conflict in the region has badly \n damaged or destroyed the basic irrigation systems necessary for \n food production;\n (4) despite the delivery of over $185,000,000 in aid from \n the United States in fiscal year 2001 toward humanitarian \n assistance needs in Afghanistan, millions of people remain at \n risk of severe malnutrition and starvation in the short- and \n long-terms;\n (5) on October 4, 2001, President George W. Bush announced \n that the people of Afghanistan, and the governments of \n Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will \n receive an additional $320,000,000 humanitarian assistance \n package for emergency food and refugee assistance to address \n the region's immediate needs during the war on terrorism; and\n (6) in addition to addressing short-term emergency \n assistance needs in Afghanistan and the mountainous regions of \n the Central Asian Republics, addressing the long-term food \n production and rural development issues in region will be \n critical to attaining some stability in the region.\n\nSEC. 3. ASSISTANCE.\n\n (a) Assistance.--The Administrator of the United States Agency for \nInternational Development shall provide assistance in accordance with \nthe provisions of this Act to develop sustainable food production for \nAfghanistan and the mountainous regions of other countries of Central \nAsia through restocking seed, replacing breeding livestock, restoring \nbasic irrigation systems, and providing access to credit for food \nproduction, processing, or marketing enterprises through rural \nmicroenterprise loan programs.\n (b) Program Objectives.--\n (1) In general.--In providing assistance under subsection \n (a), the Administrator shall provide only grants to \n nongovernmental organizations for the purpose of carrying out \n the activities described in paragraph (2) in Afghanistan and \n the other countries of Central Asia in accordance with this \n section.\n (2) Activities supported.--\n (A) In general.--Among the activities for which the \n Administrator may provide grants shall be--\n (i) procurement of seed for local food \n production;\n (ii) replacement of breeding livestock;\n (iii) restoration of basic irrigation \n systems;\n (iv) establishment of access to credit for \n food production, processing, or marketing \n enterprises through rural microenterprise loan \n programs; and\n (v) providing technical assistance.\n (B) Limitation.--Amounts received under a grant \n shall not be used to carry out activities related to \n emergencies or disasters.\n (3) Applications.--A nongovernmental organization that \n desires to receive a grant under this section shall submit an \n application for the grant to the Administrator. The application \n should be developed by the nongovernmental organization in \n close consultation with local indigenous entities, or \n associated persons of a village or villages, located in the \n country within which the activities supported by the grant will \n be carried out.\n (4) Implementation of program objectives.--In carrying out \n the objectives of paragraph (1), the Administrator shall--\n (A) coordinate the activities with governments of \n other countries authorized to receive grants under this \n section, local and regional governments of such \n countries, nongovernmental organizations operating in \n such countries, and private donors;\n (B) provide minimal supplementary grants for \n associated administrative costs to the national and \n regional governments of the country for which grants to \n nongovernmental organizations are approved under this \n section;\n (C) provide oversight of grants disbursed under \n this section, including procedures under which a \n nongovernmental organization that misuses grant funds \n or otherwise fails to adequately carry out the \n activities described in paragraph (2) should be \n disqualified from receiving additional grants under \n this section for not less than 1 year; and\n (D) coordinate efforts with national, regional, and \n local government officials to conduct an annual review \n of disbursement of grant funds and the effectiveness of \n activities carried out with grant funds.\n (c) Restriction Relating to the Use of United States Funds in \nAfghanistan.--Funds made available under this Act shall not be used \nduring a fiscal year for any activity in Afghanistan which is described \nin subsection (b)(2) unless the Secretary of State certifies for the \nfiscal year that there has been substantial progress made toward the \nestablishment of a government in Afghanistan that meets the following \nrequirements:\n (1) The government includes broad representation from the \n diverse ethnic and religious groups of Afghanistan, including \n both men and women from such groups.\n (2) The government does not sponsor terrorism or harbor \n terrorists.\n (3) The government demonstrates a strong and determined \n commitment to eliminating the production of opium-producing \n poppies.\n (4) The government meets the conditions outlined in the \n United Nations Universal Declaration of Human Rights.\n\nSEC. 4. ADMINISTRATION.\n\n It is the sense of the Congress that the Administrator should \nestablish--\n (1) criteria for the selection of projects to receive \n support under this Act;\n (2) standards and criteria regarding qualifications of \n recipients of such support;\n (3) such rules and procedures as may be necessary for \n projects that receive support under this Act;\n (4) such rules and procedures as may be necessary to ensure \n transparency and accountability in the grant-making process; \n and\n (5) criteria for an annual review process for all projects \n receiving grants.\n\nSEC. 5. REPORTS TO CONGRESS.\n\n (a) Annual Reports by Administrator.--\n (1) In general.--Not later than 1 year after the date of \n the enactment of this Act, and annually thereafter for the \n subsequent 4 fiscal years, the Administrator shall submit to \n the appropriate committees of Congress a report on the \n implementation of this Act.\n (2) Report elements.--The report shall include a \n description of--\n (A) the programs, projects, and activities \n supported by grants made under this Act;\n (B) the criteria that have been established that \n are used to determine the programs and activities that \n should be assisted by grants made under this Act;\n (C) an assessment regarding the extent to which the \n Government of Afghanistan does or does not meet the \n requirements of section 3(c) for that fiscal year; and\n (D) with respect to a fiscal year for which \n Afghanistan is eligible to receive a grant under \n section 3, the impact of programming on food production \n and rural development in Afghanistan.\n (b) GAO Report on Effectiveness.--Not later than 2 years after the \ndate of the enactment of this Act, the Comptroller General of the \nUnited States shall submit to the appropriate committees of Congress a \nreport evaluating the effectiveness of grants made under this Act, \nincluding the effectiveness of the programs, projects, and activities \ndescribed in subsection (a)(2)(A) in building sustainable food \nproduction and rural microenterprise loans in the countries authorized \nto receive grants under this section.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n In addition to any other funds authorized to be appropriated for \nbilateral programs related to sustainable food production and \nmicroenterprise systems, there is authorized to be appropriated to the \nAdministrator $25,000,000 for fiscal year 2002 and $50,000,000 for each \nof the fiscal years 2003 through 2006 to carry out this Act. Of the \namount appropriated pursuant to the authorization of appropriations \nunder the preceding sentence for a fiscal year 60 percent should be \ndesignated for grants for Afghanistan.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the United States Agency for International \n Development.\n (2) Appropriate committees.--The term ``appropriate \n committees'' means the Committee on Foreign Relations and the \n Committee on Appropriations of the Senate and the Committee on \n International Relations and the Committee on Appropriations of \n the House of Representatives.\n (3) Other countries of central asia.--The term ``other \n countries of Central Asia'' means Kyrgyzstan, Pakistan, \n Tajikistan, Turkmenistan, and Uzbekistan.","summary":"Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed, (2) replacing breeding livestock, (3) restoring basic irrigation systems. (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs. And (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.","title":"To provide assistance to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics.","text_len":10474,"sum_len":766} {"bill_id":"112_s1042","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Patient Empowerment Act''.\n\nSEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS.\n\n (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. \n1395a) is amended to read as follows:\n\n ``freedom of choice and contracting by patient guaranteed\n\n ``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled \nto insurance benefits under this title may obtain health services from \nany institution, agency, or person qualified to participate under this \ntitle if such institution, agency, or person undertakes to provide that \nindividual such services.\n ``(b) Freedom To Contract by Medicare Beneficiaries.--\n ``(1) In general.--Subject to the provisions of this \n subsection, nothing in this title shall prohibit a Medicare \n beneficiary from entering into a contract with a participating \n or non-participating physician or practitioner for any item or \n service covered under this title.\n ``(2) Submission of claims.--Any Medicare beneficiary that \n enters into a contract under this section shall be permitted to \n submit a claim for payment under this title, and such payment \n shall be made in the amount that would otherwise apply under \n this title if such claim had been filed by a participating \n physician or practitioner (as defined in section 1842(i)(2)) in \n the payment area where the physician or practitioner covered by \n the contract resides. Payment made under this title for any \n item or service provided under the contract shall not render \n the physician a participating or non-participating physician, \n and as such, requirements of this title that may otherwise \n apply to a participating or non-participating physician would \n not apply with respect to any items or services furnished under \n the contract.\n ``(3) Beneficiary protections.--\n ``(A) In general.--Paragraph (1) shall not apply to \n any contract unless--\n ``(i) the contract is in writing, is signed \n by the Medicare beneficiary and the physician \n or practitioner, and establishes all terms of \n the contract (including specific payment for \n physicians' services covered by the contract) \n before any item or service is provided pursuant \n to the contract, and the beneficiary shall be \n held harmless for any subsequent payment \n charged for a service in excess of the amount \n established under the contract during the \n period the contract is in effect;\n ``(ii) the contract contains the items \n described in subparagraph (B); and\n ``(iii) the contract is not entered into at \n a time when the Medicare beneficiary is facing \n an emergency medical condition or urgent health \n care situation.\n ``(B) Items required to be included in contract.--\n Any contract to provide items and services to which \n paragraph (1) applies shall clearly indicate to the \n Medicare beneficiary that by signing such contract the \n beneficiary--\n ``(i) agrees to be responsible for payment \n to such physician or practitioner for such \n items or services under the terms of and \n amounts established under the contract;\n ``(ii) agrees to be responsible for \n submitting claims under this title to the \n Secretary, and to any other supplemental \n insurance plan that may provide supplemental \n insurance, for such items or services furnished \n under the contract if such items or services \n are covered by this title, unless otherwise \n provided in the contract under subparagraph \n (C)(i); and\n ``(iii) acknowledges that no limits or \n other payment incentives that may otherwise \n apply under this title (such as the limits \n under subsection (g) of section 1848 or \n incentives under subsection (a)(5), (m), (q), \n and (p) of such section) shall apply to amounts \n that may be charged, or paid to a beneficiary \n for, such items or services.\n Such contract shall also clearly indicate whether the \n physician or practitioner is excluded from \n participation under the Medicare program under section \n 1128.\n ``(C) Beneficiary elections under the contract.--\n Any Medicare beneficiary that enters into a contract \n under this section may elect to negotiate, as a term of \n the contract, a provision under which--\n ``(i) the physician or practitioner shall \n file claims on behalf of the beneficiary with \n the Secretary and any supplemental insurance \n plan for items or services furnished under the \n contract if such items or services are covered \n under this title or under the plan; and\n ``(ii) the beneficiary assigns payment to \n the physician for any claims filed by, or on \n behalf of, the beneficiary with the Secretary \n and any supplemental insurance plan for items \n or services furnished under the contract.\n ``(D) Exclusion of dual eligible individuals.--\n Paragraph (1) shall not apply to any contract if a \n beneficiary who is eligible for medical assistance \n under title XIX is a party to the contract.\n ``(4) Limitation on actual charge and claim submission \n requirement not applicable.--Section 1848(g) shall not apply \n with respect to any item or service provided to a Medicare \n beneficiary under a contract described in paragraph (1).\n ``(5) Construction.--Nothing in this section shall be \n construed to prohibit any physician or practitioner from \n maintaining an election and acting as a participating or non-\n participating physician or practitioner with respect to any \n patient not covered under a contract established under this \n section.\n ``(6) Definitions.--In this subsection:\n ``(A) Medicare beneficiary.--The term `Medicare \n beneficiary' means an individual who is entitled to \n benefits under part A or enrolled under part B.\n ``(B) Physician.--The term `physician' has the \n meaning given such term by paragraphs (1), (2), (3), \n and (4) of section 1861(r).\n ``(C) Practitioner.--The term `practitioner' means \n a practitioner described in section 1842(b)(18)(C).\n ``(D) Emergency medical condition.--The term \n `emergency medical condition' means a medical condition \n manifesting itself by acute symptoms of sufficient \n severity (including severe pain) such that a prudent \n layperson, with an average knowledge of health and \n medicine, could reasonably expect the absence of \n immediate medical attention to result in--\n ``(i) serious jeopardy to the health of the \n individual or, in the case of a pregnant woman, \n the health of the woman or her unborn child;\n ``(ii) serious impairment to bodily \n functions; or\n ``(iii) serious dysfunction of any bodily \n organ or part.\n ``(E) Urgent health care situation.--The term \n `urgent health care situation' means services furnished \n to an individual who requires services to be furnished \n within 12 hours in order to avoid the likely onset of \n an emergency medical condition.''.\n\nSEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND \n PRACTITIONER SERVICES.\n\n (a) In General.--No State may impose a limit on the amount of \ncharges for services, furnished by a physician or practitioner, for \nwhich payment is made under section 1848 of the Social Security Act (42 \nU.S.C. 1395w-4), and any such limit is hereby preempted.\n (b) State.--In this section, the term ``State'' includes the \nDistrict of Columbia, Puerto Rico, the Virgin Islands, Guam, and \nAmerican Samoa.","summary":"Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service. And (2) submit a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.","title":"A bill to amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and physicians or practitioners to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits.","text_len":9477,"sum_len":999} {"bill_id":"112_hr974","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``True Cost of War Act of 2011''.\n\nSEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND \n OPERATION ENDURING FREEDOM.\n\n (a) Findings.--Congress makes the following findings:\n (1) The United States has been engaged in military \n operations in Afghanistan since October 2001 as Operation \n Enduring Freedom and in military operations in Iraq since March \n 2003 as Operation Iraqi Freedom and its successor contingency \n operation, Operation New Dawn.\n (2) According to the Congressional Research Service, \n through fiscal year 2010, Congress has appropriated \n $1,087,000,000,000 for the Department of Defense, for the State \n Department, and for medical costs paid by the Department of \n Veterans Affairs. This amount includes $751,000,000,000 related \n to operations in Iraq and $336,000,000,000 related to \n operations in Afghanistan.\n (3) Over 90 percent of the funds appropriated for the \n Department of Defense for operations in Iraq and Afghanistan \n have been provided as supplemental or additional appropriations \n and designated as an emergency funding requirement.\n (4) The Congressional Budget Office and the Congressional \n Research Service have stated that future costs for operations \n in Iraq and Afghanistan are difficult to estimate because the \n Department of Defense provides little information on costs \n incurred to date and does not report outlays or actual \n expenditure for operations in Iraq and Afghanistan (because war \n and baseline funds are mixed in the same accounts) and because \n of a lack of information from the Department of Defense on many \n of the key factors that determine costs, including personnel \n levels and the pace of operations.\n (5) Over 2,000,000 members of the United States Armed \n Forces have served in Afghanistan and Iraq since the beginning \n of the conflicts.\n (6) Over 4,400 members of the Armed Forces and Department \n of Defense civilian personnel have been killed in Operation \n Iraqi Freedom, and over 1,400 members of the Armed Forces and \n Department of Defense civilian personnel have been killed in \n Operation Enduring Freedom in Afghanistan.\n (7) Over 1,620 members of the Armed Forces have suffered \n amputations as a result of wounds or other injuries incurred in \n Afghanistan or Iraq.\n (8) More than 243,685 veterans of military service in Iraq \n and Afghanistan have been treated for mental health conditions, \n more than 66,900 of these veterans have been diagnosed with \n post-traumatic stress disorder, and approximately 178,876 of \n these veterans have a confirmed traumatic brain injury \n diagnosis.\n (9) Approximately 46 percent of veterans of military \n service in Iraq and Afghanistan have sought treatment at a \n Department of Veterans Affairs hospital or medical clinic.\n (10) The Independent Review Group on Rehabilitative Care \n and Administrative Processes at Walter Reed Army Medical Center \n and National Naval Medical Center identified traumatic brain \n injury, post-traumatic stress disorder, increased survival of \n severe burns, and traumatic amputations as the four signature \n wounds of the current conflicts, and the Independent Review \n Group report states that the recovery process ``can take months \n or years and must accommodate recurring or delayed \n manifestations of symptoms, extended rehabilitation and all the \n life complications that emerge over time from such trauma''.\n (b) Report Requirement.--Not later than 90 days after the date of \nthe enactment of this Act, the President, with contributions from the \nSecretary of Defense, the Secretary of State, and the Secretary of \nVeterans Affairs, shall submit to Congress a report containing an \nestimate of the long-term costs of Operation New Dawn (the successor \ncontingency operation to Operation Iraqi Freedom) and Operation \nEnduring Freedom for each the following scenarios:\n (1) The scenario in which the number of members of the \n Armed Forces deployed in support of Operation New Dawn and \n Operation Enduring Freedom is reduced from roughly 190,000 in \n 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the \n beginning of 2014, and remains at 30,000 through 2020.\n (2) The scenario in which the number of members of the \n Armed Forces deployed in support of Operation New Dawn and \n Operation Enduring Freedom rises to approximately 235,000 in \n 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 \n in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 \n through 2020.\n (3) An alternative scenario, determined by the President \n and based on current contingency operation and withdrawal \n plans, which takes into account expected force levels and the \n expected length of time that members of the Armed Forces will \n be deployed in support of Operation New Dawn and Operation \n Enduring Freedom.\n (c) Estimates To Be Used in Preparation of Report.--In preparing \nthe report required by subsection (b), the President shall make \nestimates and projections through at least fiscal year 2020, adjust any \ndollar amounts appropriately for inflation, and take into account and \nspecify each of the following:\n (1) The total number of members of the Armed Forces \n expected to be deployed in support of Operation New Dawn and \n Operation Enduring Freedom, including--\n (A) the number of members of the Armed Forces \n actually deployed in Southwest Asia in support of \n Operation New Dawn and Operation Enduring Freedom;\n (B) the number of members of reserve components of \n the Armed Forces called or ordered to active duty in \n the United States for the purpose of training for \n eventual deployment in Southwest Asia, backfilling for \n deployed troops, or supporting other Department of \n Defense missions directly or indirectly related to \n Operation New Dawn or Operation Enduring Freedom; and\n (C) the break-down of deployments of members of the \n regular and reserve components and activation of \n members of the reserve components.\n (2) The number of members of the Armed Forces, including \n members of the reserve components, who have previously served \n in support of Operation Iraqi Freedom, Operation New Dawn, or \n Operation Enduring Freedom and who are expected to serve \n multiple deployments.\n (3) The number of contractors and private military security \n firms that have been used and are expected to be used during \n the course of Operation Iraqi Freedom, Operation New Dawn, and \n Operation Enduring Freedom.\n (4) The number of veterans currently suffering and expected \n to suffer from post-traumatic stress disorder, traumatic brain \n injury, or other mental injuries.\n (5) The number of veterans currently in need of and \n expected to be in need of prosthetic care and treatment because \n of amputations incurred during service in support of Operation \n Iraqi Freedom, Operation New Dawn, or Operation Enduring \n Freedom.\n (6) The current number of pending Department of Veterans \n Affairs claims from veterans of military service in Iraq and \n Afghanistan, and the total number of such veterans expected to \n seek disability compensation from the Department of Veterans \n Affairs.\n (7) The total number of members of the Armed Forces who \n have been killed or wounded in Iraq or Afghanistan, including \n noncombat casualties, the total number of members expected to \n suffer injuries in Iraq and Afghanistan, and the total number \n of members expected to be killed in Iraq and Afghanistan, \n including noncombat casualties.\n (8) The amount of funds previously appropriated for the \n Department of Defense, the Department of State, and the \n Department of Veterans Affairs for costs related to Operation \n Iraqi Freedom, Operation New Dawn, and Operation Enduring \n Freedom, including an account of the amount of funding from \n regular Department of Defense, Department of State, and \n Department of Veterans Affairs budgets that has gone and will \n go to costs associated with such operations.\n (9) Current and future operational expenditures associated \n with Operation New Dawn and Operation Enduring Freedom, \n including--\n (A) funding for combat operations;\n (B) deploying, transporting, feeding, and housing \n members of the Armed Forces (including fuel costs);\n (C) activation and deployment of members of the \n reserve components of the Armed Forces;\n (D) equipping and training of Iraqi and Afghani \n forces;\n (E) purchasing, upgrading, and repairing weapons, \n munitions, and other equipment consumed or used in \n Operation Iraqi Freedom, Operation New Dawn, or \n Operation Enduring Freedom; and\n (F) payments to other countries for logistical \n assistance in support of such operations.\n (10) Past, current, and future costs of entering into \n contracts with private military security firms and other \n contractors for the provision of goods and services associated \n with Operation Iraqi Freedom, Operation New Dawn, and Operation \n Enduring Freedom.\n (11) Average annual cost for each member of the Armed \n Forces deployed in support of Operation Iraqi Freedom, \n Operation New Dawn, or Operation Enduring Freedom, including \n room and board, equipment and body armor, transportation of \n troops and equipment (including fuel costs), and operational \n costs.\n (12) Current and future cost of combat-related special pays \n and benefits, including reenlistment bonuses.\n (13) Current and future cost of calling or ordering members \n of the reserve components to active duty in support of \n Operation New Dawn or Operation Enduring Freedom.\n (14) Current and future cost for reconstruction, embassy \n operations and construction, and foreign aid programs for Iraq \n and Afghanistan.\n (15) Current and future cost of bases and other \n infrastructure to support members of the Armed Forces serving \n in Iraq and Afghanistan.\n (16) Current and future cost of providing health care for \n veterans who served in support of Operation Iraqi Freedom, \n Operation New Dawn, or Operation Enduring Freedom, including--\n (A) the cost of mental health treatment for \n veterans suffering from post-traumatic stress disorder \n and traumatic brain injury, and other mental problems \n as a result of such service; and\n (B) the cost of lifetime prosthetics care and \n treatment for veterans suffering from amputations as a \n result of such service.\n (17) Current and future cost of providing Department of \n Veterans Affairs disability benefits for the lifetime of \n veterans who incur disabilities while serving in support of \n Operation Iraqi Freedom, Operation New Dawn, or Operation \n Enduring Freedom.\n (18) Current and future cost of providing survivors' \n benefits to survivors of members of the Armed Forces killed \n while serving in support of Operation Iraqi Freedom, Operation \n New Dawn, or Operation Enduring Freedom.\n (19) Cost of bringing members of the Armed Forces and \n equipment back to the United States upon the conclusion of \n Operation New Dawn and Operation Enduring Freedom, including \n the cost of demobilization, transportation costs (including \n fuel costs), providing transition services for members of the \n Armed Forces transitioning from active duty to veteran status, \n transporting equipment, weapons, and munitions (including fuel \n costs), and an estimate of the value of equipment that will be \n left behind.\n (20) Cost to restore the military and military equipment, \n including the equipment of the reserve components, to full \n strength after the conclusion of Operation New Dawn or \n Operation Enduring Freedom.\n (21) Amount of money borrowed to pay for Operation Iraqi \n Freedom, Operation New Dawn, and Operation Enduring Freedom, \n and the sources of that money.\n (22) Interest on money borrowed, including interest for \n money already borrowed and anticipated interest payments on \n future borrowing, for Operation Iraqi Freedom, Operation New \n Dawn, and Operation Enduring Freedom.","summary":"True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn and Operation Enduring Freedom under three specified scenarios based on the number of US troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of US military personnel, contractors, and private security firms. (2) the number of veterans in need of medical or mental health care due to injuries and illnesses, (3) pending veterans' disability compensation claims, (4) total casualties and injuries, (5) current and future operational expenses and related costs. And (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.","title":"To direct the President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes.","text_len":13781,"sum_len":1074} {"bill_id":"110_s3585","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ensuring Defense Support to \nCatastrophic Incident Response Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States faces real threats of man-made and \n natural disasters which could result in catastrophic \n consequences to the Nation, its resources, and its people. \n Because of the scale of the potential consequences of these \n threats, they may constitute threats to national security and \n will require the full range of Federal resources to save lives, \n minimize human suffering, protect property, and mitigate \n damage.\n (2) Because of its manpower, communications, logistics, and \n other capabilities, the Department of Defense is uniquely \n suited to provide critical support to other departments and \n agencies of the Federal Government, State and local \n governments, and governments of the Commonwealths and \n possessions of the United States in response to a catastrophic \n incident in the United States.\n (3) Planning and preparation for and execution of civil \n support operations in responding to catastrophic incidents in \n support of the Department of Homeland Security and State and \n local governments is a national security issue.\n (4) A successful response to catastrophic incidents in the \n United States requires coordinated strategic plans and detailed \n operational plans with specific tasking and sourcing. The \n Department of Defense must develop such plans and should \n maintain the required units and assets at the appropriate level \n of readiness in order to deliver the capabilities which will be \n required in a response led by the Department of Homeland \n Security.\n (5) The National Guard and Reserves are forward-deployed in \n communities throughout the United States, are integrated with \n State and local governments, and have considerable homeland-\n related capabilities. The Department of Defense and the United \n States Northern Command must therefore consider the plans and \n capabilities of the National Guard and Reserves, and State and \n local governments, in plans for civil support operations.\n\nSEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES \n IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED \n STATES.\n\n (a) Support Authorized.--Part I of subtitle A of title 10, United \nStates Code, is amended by inserting after chapter 18 the following new \nchapter:\n\n ``CHAPTER 19--SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO \n CATASTROPHIC INCIDENTS IN THE UNITED STATES\n\n``Sec.\n``390. Department of Defense support of domestic civilian authorities \n in response to catastrophic incidents in \n the United States.\n``Sec. 390. Department of Defense support of domestic civilian \n authorities in response to catastrophic incidents in the \n United States\n ``(a) In General.--Subject to the authority, direction, and control \nof the President, the Department of Defense shall undertake civil \nsupport operations in response to catastrophic incidents in the United \nStates.\n ``(b) Plans for Support.--(1) For purposes of carrying out the \nrequirement in subsection (a), the Secretary of Defense shall, in \nconjunction with the Secretary of Homeland Security, develop \ncomprehensive plans for civil support operations.\n ``(2) The plans required under this subsection shall include \nstrategies for the use of the armed forces, including units and \npersonnel of the regular components of the armed forces, units and \npersonnel of the National Guard (including personnel on active duty \nunder this title, in status under title 32, and in State status, \nconsistent with section 1814(c) of the National Defense Authorization \nAct for Fiscal Year 2008 (10 U.S.C. 113 note)), units and personnel of \nthe other reserve components of the armed forces, the civilian \npersonnel of the Department of Defense, and, if the Secretary considers \nit appropriate for purposes of the plans, contractors of the Department \nof Defense.\n ``(3) The plans required under this subsection shall be developed \nin coordination with other departments and agencies of the Federal \nGovernment with homeland security responsibilities as part of an \nestablished national planning process and shall include the development \nof operations plans required by section 653(b) of the Post-Katrina \nEmergency Management Reform Act of 2006 (6 U.S.C. 753(b)).\n ``(4) The plans required under this subsection shall be developed \nto execute strategic requirements established by the Secretary of \nHomeland Security though an established national planning process.\n ``(c) Implementation and Execution of Plans.--In implementing the \nplans developed under subsection (b), the Secretary of Defense shall--\n ``(1) ensure that--\n ``(A) the Department of Defense is organized and \n equipped with the capabilities and resources required \n to execute the plans; and\n ``(B) the capabilities and resources referred to in \n subparagraph (A) are available, accessible, and \n maintained at the appropriate readiness status to \n enable deployment in accordance with the plans; and\n ``(2) ensure that any capabilities and resources identified \n under paragraph (1)(A), when appropriate, train and participate \n in exercises, including--\n ``(A) exercises administered under the national \n exercise program carried out under section 648(b) of \n the Post-Katrina Emergency Management Reform Act of \n 2006 (6 U.S.C. 748(b)); and\n ``(B) other exercises determined appropriate by the \n Secretary of Defense to ensure such capabilities and \n resources are maintained at the appropriate state of \n readiness.\n ``(d) Budget.--The budget of the Department of Defense for any \nfiscal year (as submitted to Congress pursuant to section 1105 of title \n31) shall include a request for funds sufficient to carry out the \nrequirements of this section in such fiscal year. The request for a \nfiscal year under this subsection shall set forth separately the \nfollowing:\n ``(1) Each component, program, or activity of the \n Department of Defense that will carry out the requirements of \n this section in such fiscal year.\n ``(2) The amount requested for each such component, \n program, or activity to carry out such requirements in such \n fiscal year.\n ``(e) Construction.--Nothing in this section shall be construed as \nprohibiting or limiting the authority of the Department of Defense to \nprovide support operations in response to a disaster or incident that \nis not a catastrophic incident as otherwise provided by law.\n ``(f) Reports.--(1) Not later than one year after the date of the \nenactment of this section, and every two years thereafter, the \nSecretary of Defense shall submit to the appropriate committees of \nCongress a report on the implementation of the requirements of this \nsection, including a discussion of the development and implementation \nof the plans required by subsection (b).\n ``(2) Each report under this subsection shall be submitted in \nunclassified form, but may include a classified annex.\n ``(g) Definitions.--In this section:\n ``(1) The term `catastrophic incident' has the meaning \n given that term in section 501(3) of the Homeland Security Act \n of 2002 (6 U.S.C. 311(3)).\n ``(2) The term `civil support operation' means a mission \n performed by the Department of Defense in support of other \n departments or agencies of the Federal Government, State or \n local governments, or governments of the Commonwealths or \n possessions of the United States in their efforts to prevent, \n protect against, prepare for, respond to, and recover from \n natural disasters, acts of terrorism, and other man-made \n disasters.''.\n (b) Clerical Amendments.--The tables of chapters at the beginning \nof title, United States Code, and at the beginning of part I of \nsubtitle A of such title, are each amended by inserting after the item \nrelating to chapter 18 the following new item:\n\n``19. Support of Domestic Civilian Authorities in Response 390.''.\n to Catastrophic Incidents in the \n United States.\n\nSEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS.\n\n Section 118 of title 10, United States Code, is amended--\n (1) by transferring subsection (g), as added by section \n 942(d) of the National Defense Authorization Act for Fiscal \n Year 2008 (Public Law 110-181; 122 Stat. 288), to the end of \n such section 118 and redesignating such subsection, as so \n transferred, as subsection (i); and\n (2) by inserting after subsection (g), as added by section \n 951(a) of the National Defense Authorization Act for Fiscal \n Year 2008 (122 Stat. 290), the following new subsection:\n ``(h) Consideration of Department of Defense Roles and \nResponsibilities in Responding to Catastrophic Incidents.--(1) The \nfirst national security strategy and national defense strategy prepared \nafter the date of the enactment of this subsection shall include \nguidance for military planners--\n ``(A) to determine the appropriate roles and \n responsibilities of the Department of Defense, in coordination \n with and in support of the Department of Homeland Security and \n other departments and agencies of the Federal Government with \n homeland security responsibilities and with State, local, and \n tribal governments, in responding to catastrophic incidents;\n ``(B) to update defense plans based on such determinations, \n including working with the Department of Homeland Security and \n other departments and agencies of the Federal Government with \n homeland security responsibilities in responding to such \n incidents; and\n ``(C) to develop the capabilities needed to execute such \n plans.\n ``(2) The first quadrennial defense review prepared after the date \nof the enactment of this subsection shall examine the capabilities of \nthe armed forces to support civil authorities in responding to \ncatastrophic incidents.\n ``(3) In this subsection:\n ``(A) The term `catastrophic incident' has the meaning \n given that term in section 501(3) of the Homeland Security Act \n of 2002 (6 U.S.C. 311(3)).\n ``(B) The term `national security strategy' means the \n annual national security strategy report of the President under \n section 108 of the National Security Act of 1947 (50 U.S.C. \n 404a).''.\n\nSEC. 5. RULE OF CONSTRUCTION.\n\n Nothing in this Act or the amendments made by this Act may be \nconstrued--\n (1) to modify the restrictions on the role of the \n Department of Defense in law enforcement operations within the \n United States;\n (2) to affect the authority of the Governor of a State to \n respond to a natural disaster, act of terrorism, or other man-\n made disaster within the United States; or\n (3) to affect the authority of the Governor of a State to \n exercise command and control over the National Guard of that \n State while in State status or in title 32, United States Code, \n status.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) The term ``catastrophic incident'' has the meaning \n given that term in section 501(3) of the Homeland Security Act \n of 2002 (6 U.S.C. 311(3)).\n (2) The term ``civil support operation'' means a mission \n performed by the Department of Defense in support of other \n departments or agencies of the Federal Government, State or \n local governments, or governments of the Commonwealths or \n possessions of the United States in their efforts to prevent, \n protect against, prepare for, respond to, and recover from \n natural disasters, acts of terrorism, and other man-made \n disasters.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as are necessary \nto carry out this Act and the amendments made by this Act.","summary":"Ensuring Defense Support to Catastrophic Incident Response Act of 2008 - Directs the Department of Defense (DOD) to undertake civil support operations in response to catastrophic incidents in the United States. Requires: (1) the Secretary of Defense to develop comprehensive plans for such operations, including strategies for the use of the Armed Forces and civilian personnel and contractors of DOD. (2) the annual DOD budget to include a separate funding request for carrying out such operations. And (3) the first national security strategy and national defense strategy prepared after the enactment of this Act to include, among other things, DOD roles and responsibilities in responding to catastrophic incidents.","title":"A bill to amend title 10, United States Code, to establish the responsibility of the Department of Defense to plan for and respond to catastrophic incidents in the United States, and for other purposes.","text_len":12883,"sum_len":719} {"bill_id":"107_s335","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Setting Aside for a Valuable \nEducation (SAVE) Act''.\n\nSEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM \n QUALIFIED STATE TUITION PROGRAMS.\n\n (a) In General.--Subparagraph (B) of section 529(c)(3) of the \nInternal Revenue Code of 1986 (relating to distributions) is amended to \nread as follows:\n ``(B) Distributions for qualified higher education \n expenses.--For purposes of this paragraph--\n ``(i) In-kind distributions.--No amount \n shall be includible in gross income under \n subparagraph (A) by reason of a distribution \n which consists of providing a benefit to the \n distributee which, if paid for by the \n distributee, would constitute payment of a \n qualified higher education expense.\n ``(ii) Cash distributions.--In the case of \n distributions not described in clause (i), if--\n ``(I) such distributions do not \n exceed the qualified higher education \n expenses (reduced by expenses described \n in clause (i)), no amount shall be \n includible in gross income, and\n ``(II) in any other case, the \n amount otherwise includible in gross \n income shall be reduced by an amount \n which bears the same ratio to such \n amount as such expenses bear to such \n distributions.\n ``(iii) Exception for institutional \n programs.--In the case of any taxable year \n beginning before January 1, 2004, clauses (i) \n and (ii) shall not apply with respect to any \n distribution during such taxable year under a \n qualified State tuition program established and \n maintained by 1 or more eligible educational \n institutions.\n ``(iv) Treatment as distributions.--Any \n benefit furnished to a designated beneficiary \n under a qualified State tuition program shall \n be treated as a distribution to the beneficiary \n for purposes of this paragraph.\n ``(v) Coordination with hope and lifetime \n learning credits.--The total amount of \n qualified higher education expenses with \n respect to an individual for the taxable year \n shall be reduced--\n ``(I) as provided in section \n 25A(g)(2), and\n ``(II) by the amount of such \n expenses which were taken into account \n in determining the credit allowed to \n the taxpayer or any other person under \n section 25A.\n ``(vi) Coordination with education savings \n accounts.--If, with respect to an individual \n for any taxable year--\n ``(I) the aggregate distributions \n to which clauses (i) and (ii) and \n section 530(d)(2)(A) apply, exceed\n ``(II) the total amount of \n qualified higher education expenses \n otherwise taken into account under \n clauses (i) and (ii) (after the \n application of clause (iv)) for such \n year,\n the taxpayer shall allocate such expenses among \n such distributions for purposes of determining \n the amount of the exclusion under clauses (i) \n and (ii) and section 530(d)(2)(A).''.\n (b) Conforming Amendments.--\n (1) Section 135(d)(2)(B) of the Internal Revenue Code of \n 1986 is amended by striking ``section 530(d)(2)'' and inserting \n ``sections 529(c)(3)(B)(i) and 530(d)(2)''.\n (2) Section 221(e)(2)(A) of such Code is amended by \n inserting ``529,'' after ``135,''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN \n QUALIFIED TUITION PROGRAMS.\n\n (a) In General.--Section 529(b)(1) of the Internal Revenue Code of \n1986 (defining qualified State tuition program) is amended by inserting \n``or by 1 or more eligible educational institutions'' after \n``maintained by a State or agency or instrumentality thereof''.\n (b) Private Qualified Tuition Programs Limited to Benefit Plans.--\nClause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of \n1986 is amended by inserting ``in the case of a program established and \nmaintained by a State or agency or instrumentality thereof,'' before \n``may make''.\n (c) Additional Requirements for Certain Private Qualified Tuition \nPrograms.--Section 529(b) of the Internal Revenue Code of 1986 is \namended by adding at the end the following new paragraph:\n ``(8) Additional requirements for certain private qualified \n tuition programs.--A program established and maintained by 1 or \n more eligible educational institutions and described in \n paragraph (1)(A)(ii) shall not be treated as a qualified \n tuition program unless--\n ``(A) under such program a trust is created or \n organized for the sole purpose of paying the qualified \n higher education expenses of the designated beneficiary \n of the account,\n ``(B) the written governing instrument creating the \n trust of which the account is a part provides \n safeguards to ensure that contributions made on behalf \n of a designated beneficiary remain available to provide \n for the qualified higher education expenses of the \n designated beneficiary, and\n ``(C) the trust meets the following requirements:\n ``(i) Any trustee or person who may under \n contract operate or manage the trust \n demonstrates to the satisfaction of the \n Secretary that the manner in which that trustee \n or person will administer the trust will be \n consistent with the requirements of this \n section.\n ``(ii) The assets of the trust are not \n commingled with other property except in a \n common trust fund or common investment fund.\n ``(iii) The trust annually prepares and \n makes available the reports and accountings \n required by this section. The annual report, at \n a minimum, includes information on the \n financial condition of the trust and the \n investment policy of the trust.\n ``(iv) Before entering into contracts or \n otherwise accepting contributions on behalf of \n a designated beneficiary, the trust obtains an \n appropriate actuarial report to establish, \n maintain, and certify that the trust shall have \n sufficient assets to defray the obligations of \n the trust and annually makes the actuarial \n report available to account contributors and \n designated beneficiaries.\n ``(v) The trust secures a favorable ruling \n or opinion issued by the Internal Revenue \n Service that the trust is in compliance with \n the requirements of this section.\n ``(vi) Before entering into contracts or \n otherwise accepting contributions on behalf of \n a designated beneficiary, the trust solicits \n answers to appropriate ruling requests from the \n Securities and Exchange Commission regarding \n the application of Federal securities laws to \n the trust.''.\n (d) Application of Federal Securities Laws to Private Qualified \nTuition Programs.--Section 529(e) of the Internal Revenue Code of 1986 \n(relating to other definitions and special rules) is amended by adding \nat the end the following new paragraph:\n ``(6) Application of federal securities laws to private \n qualified tuition programs.--Nothing in this section shall be \n construed to exempt any qualified tuition program that is not \n established and maintained by a State or agency or \n instrumentality thereof from any of the requirements of the \n Securities Act of 1933 (15 U.S.C 77a et seq.) or the Investment \n Company Act of 1940 (15 U.S.C 80a-1 et seq.).''.\n (e) Conforming Amendments.--\n (1) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, \n 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal \n Revenue Code of 1986 are each amended by striking ``qualified \n State tuition'' each place it appears and inserting ``qualified \n tuition''.\n (2) The headings for sections 72(e)(9) and 135(c)(2)(C) of \n such Code are each amended by striking ``qualified state \n tuition'' and inserting ``qualified tuition''.\n (3) The headings for sections 529(b) and 530(b)(2)(B) of \n such Code are each amended by striking ``Qualified state \n tuition'' and inserting ``Qualified tuition''.\n (4) The heading for section 529 of such Code is amended by \n striking ``state''.\n (5) The item relating to section 529 of such Code in the \n table of sections for part VIII of subchapter F of chapter 1 is \n amended by striking ``State''.\n (f) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 4. OTHER MODIFICATIONS TO QUALIFIED TUITION PROGRAMS.\n\n (a) Rollover to Different Program for Benefit of Same Designated \nBeneficiary.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986 \n(relating to change in beneficiaries) is amended--\n (1) by striking ``transferred to the credit'' in clause (i) \n and inserting ``transferred--\n ``(I) to another qualified tuition \n program for the benefit of the \n designated beneficiary, or\n ``(II) to the credit'',\n (2) by adding at the end the following new clause:\n ``(iii) Limitation on certain rollovers.--\n Clause (i)(I) shall only apply to 1 transfer \n with respect to a designated beneficiary in any \n year.'', and\n (3) by inserting ``or programs'' after ``beneficiaries'' in \n the heading.\n (b) Member of Family Includes First Cousin.--Section 529(e)(2) of \nthe Internal Revenue Code of 1986 (defining member of family) is \namended by striking ``and'' at the end of subparagraph (B), by striking \nthe period at the end of subparagraph (C) and by inserting ``; and'', \nand by adding at the end the following new subparagraph:\n ``(D) any first cousin of such beneficiary.''.\n (c) Adjustment of Limitation on Room and Board Distributions.--\nSection 529(e)(3)(B)(ii) of the Internal Revenue Code of 1986 is \namended to read as follows:\n ``(ii) Limitation.--The amount treated as \n qualified higher education expenses by reason \n of clause (i) shall not exceed the greater of--\n ``(I) the amount (applicable to the \n student) included for room and board \n for such period in the cost of \n attendance (as defined in section 472 \n of the Higher Education Act of 1965 (20 \n U.S.C. 1087ll), as in effect on the \n date of the enactment of the Setting \n Aside for a Valuable Education (SAVE) \n Act) for the eligible educational \n institution for such period, or\n ``(II) the actual invoice amount \n the student residing in housing owned \n or operated by the eligible educational \n institution is charged by such \n institution for room and board costs \n for such period.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.","summary":"Setting Aside for a Valuable Education (SAVE) Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs. (2) exclude from gross income program distributions used for qualified higher education expenses. (3) permit an annual rollover to a different tuition program on behalf of the same beneficiary, (4) include first cousins as a qualifying family member, and (5) revise the room and board limitation.","title":"A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for distributions from qualified State tuition programs which are used to pay education expenses, and for other purposes.","text_len":14147,"sum_len":533} {"bill_id":"109_hr373","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Propaganda Prohibition Act \nof 2005''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Investigations in 2004 and 2005 by the Government \n Accountability Office revealed that appropriated funds have \n been used in more than one Federal agency to fund ``covert \n propaganda'' that is ``misleading as to source''.\n (2) An independent investigation revealed that the \n Department of Education paid a conservative commentator to \n speak in support of the No Child Left Behind Act during his \n television and radio appearances.\n (3) The American public has been subjected to receiving \n millions of dollars worth of messages in print, television, \n radio, and in person without being informed that the sources \n are not independent.\n (4) There is not enough information about Federal public \n relations and advertising efforts to allow for consistent \n oversight by Congress.\n (b) Purposes.--The purposes of this Act are--\n (1) to ensure that advertising and public relations \n campaigns paid for with Federal appropriations are unbiased and \n factual, and do not contain a political message or covert \n propaganda;\n (2) to increase the oversight and evaluation of advertising \n campaigns paid for by the Federal Government by requiring that \n agencies provide notice to the appropriate congressional \n committees of all public relations, media relations, and \n advertising contracts;\n (3) to require that all public relations and media outreach \n tools developed by Federal agencies inform the target audience \n of the source of funding for the message; and\n (4) to make permanent the prohibition against spending \n Federal funds on publicity and propaganda that has been \n included in appropriations Acts since 1951.\n\nSEC. 3. NOTIFICATION TO CONGRESS REGARDING CERTAIN CONTRACTS.\n\n (a) Requirement to Notify Congress Regarding Certain Contracts.-- \nNot later than 30 days after entering into a covered contract, an \nExecutive agency shall submit to each covered congressional committee a \nwritten notification containing the name of the contractor, the amount \nof the contract, the purpose of the contract, a summary of the \nstatement of work for the contract, and any other information the \nagency considers relevant.\n (b) Requirement to Submit Other Information Upon Request.--Upon \nrequest by the Comptroller General or the chairman or ranking minority \nmember of any covered congressional committee, an Executive agency that \nprovided a notification under subsection (a) for a covered contract \nshall provide to the person making the request--\n (1) a copy of the covered contract;\n (2) any modifications to the covered contract; and\n (3) any materials produced under the covered contract.\n (c) Covered Contracts.--In this section, the term ``covered \ncontract'' means a contract with an Executive agency for public \nrelations, media relations, advertising, or public opinion research \nservices, or any subcontract for such services under a Federal \ncontract.\n (d) Covered Congressional Committees.--In this section, the term \n``covered congressional committee'', with respect to a notification \nsubmitted by an Executive agency under subsection (a), means each of \nthe following:\n (1) The Committee on Government Reform of the House of \n Representatives.\n (2) The Committee on Governmental Affairs and Homeland \n Security of the Senate.\n (3) The Committee on Appropriations of the House of \n Representatives.\n (4) The Committee on Appropriations of the Senate.\n (5) Each authorizing committee of the House of \n Representatives and the Senate with jurisdiction over the \n Executive agency submitting the notification.\n (e) Executive Agency.--In this section, the term ``Executive \nagency'' has the meaning provided in section 105 of title 5, United \nStates Code.\n\nSEC. 4. PROHIBITION ON UNAUTHORIZED EXPENDITURE OF FUNDS FOR PUBLICITY \n OR PROPAGANDA PURPOSES.\n\n (a) Prohibition.--Chapter 13 of title 31, United States Code, is \namended by adding at the end the following new section:\n``Sec. 1355. Prohibition on unauthorized expenditure of funds for \n publicity or propaganda purposes\n ``(a) Prohibition.--An officer or employee of the United States \nGovernment may not make or authorize an expenditure or obligation of \nfunds for publicity or propaganda purposes within the United States \nunless authorized by law.\n ``(b) Penalties.--\n ``(1) Adverse personnel action.--An officer or employee of \n the United States Government violating subsection (a) shall be \n subject to appropriate administrative discipline including, \n when circumstances warrant, suspension from duty without pay or \n removal from office.\n ``(2) Criminal penalty.--An officer or employee of the \n United States Government knowingly and willfully violating \n subsection (a) shall be fined not more than $5,000, imprisoned \n for not more than 2 years, or both.''.\n (b) Clerical Amendment.--The table of sections for chapter 13 of \nsuch title is amended by adding at the end the following new item:\n\n``1355. Prohibition on unauthorized expenditure of funds for publicity \n or propaganda purposes.''.\n\nSEC. 5. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL \n FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.\n\n (a) Requirement.--Each advertisement or other communication paid \nfor by an Executive agency, either directly or through a contract \nawarded by the Executive agency, shall include a prominent notice \ninforming the target audience that the advertisement or other \ncommunication is paid for by that Executive agency.\n (b) Advertisement or Other Communication.--In this section, the \nterm ``advertisement or other communication'' includes--\n (1) an advertisement disseminated in any form, including \n print or by any electronic means; and\n (2) a communication by an individual in any form, including \n speech, print, or by any electronic means.\n (c) Executive Agency.--In this section, the term ``Executive \nagency'' has the meaning provided in section 105 of title 5, United \nStates Code.","summary":"Federal Propaganda Prohibition Act of 2005 - Requires an Executive agency, not later than 30 days after entering into a contract for public relations, media relations, advertising, or public opinion research services, to submit in writing to specified congressional committees the contractor's name, the amount and the purpose of the contract, a summary of the contract, other relevant information, and, upon request: (1) a copy of the covered contract, (2) any contract modifications. And (3) any materials produced under the contract. Prohibits an officer or employee of the US Government from making or authorizing an expenditure or obligation of funds for publicity or propaganda within the United States unless authorized by law. Imposes penalties. Requires each advertisement or other communication paid for by an Executive agency to include a prominent notice that the advertisement or other communication is paid for by that agency.","title":"To require notification to Congress of certain contracts, and to amend title 31, United States Code, to prohibit the unauthorized expenditure of funds for publicity or propaganda purposes.","text_len":6667,"sum_len":940} {"bill_id":"113_s2215","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Eliminating \nImproper and Abusive IRS Audits Act of 2014''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Civil damages allowed for reckless or intentional disregard of \n internal revenue laws.\nSec. 3. Modifications relating to certain offenses by officers and \n employees in connection with revenue laws.\nSec. 4. Modifications relating to civil damages for unauthorized \n inspection or disclosure of returns and \n return information.\nSec. 5. Extension of time for contesting IRS levy.\nSec. 6. Increase in monetary penalties for certain unauthorized \n disclosures of information.\nSec. 7. Ban on raising new issues on appeal.\nSec. 8. Limitation on enforcement of liens against principal \n residences.\nSec. 9. Additional provisions relating to mandatory termination for \n misconduct.\nSec. 10. Extension of declaratory judgment procedures to social welfare \n organizations.\nSec. 11. Review by the Treasury Inspector General for Tax \n Administration.\n\nSEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF \n INTERNAL REVENUE LAWS.\n\n (a) Increase in Amount of Damages.--Section 7433(b) of the Internal \nRevenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in \nthe case of negligence)'' and inserting ``$3,000,000 ($300,000, in the \ncase of negligence)''.\n (b) Extension of Time To Bring Action.--Section 7433(d)(3) of the \nInternal Revenue Code of 1986 is amended by striking ``2 years'' and \ninserting ``5 years''.\n (c) Effective Date.--The amendments made by this section shall \napply to actions of employees of the Internal Revenue Service after the \ndate of the enactment of this Act.\n\nSEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND \n EMPLOYEES IN CONNECTION WITH REVENUE LAWS.\n\n (a) Increase in Penalty.--Section 7214 of the Internal Revenue Code \nof 1986 is amended--\n (1) by striking ``$10,000'' in subsection (a) and inserting \n ``$25,000'', and\n (2) by striking ``$5,000'' in subsection (b) and inserting \n ``$10,000''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.\n\nSEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED \n INSPECTION OR DISCLOSURE OF RETURNS AND RETURN \n INFORMATION.\n\n (a) Increase in Amount of Damages.--Subparagraph (A) of section \n7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking \n``$1,000'' and inserting ``$10,000''.\n (b) Effective Date.--The amendment made by this section shall apply \nto inspections and disclosure occurring on and after the date of the \nenactment of this Act.\n\nSEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY.\n\n (a) Extension of Time for Return of Property Subject to Levy.--\nSubsection (b) of section 6343 of the Internal Revenue Code of 1986 is \namended by striking ``9 months'' and inserting ``3 years''.\n (b) Period of Limitation on Suits.--Subsection (c) of section 6532 \nof the Internal Revenue Code of 1986 is amended--\n (1) in paragraph (1) by striking ``9 months'' and inserting \n ``3 years'', and\n (2) in paragraph (2) by striking ``9-month'' and inserting \n ``3-year''.\n (c) Effective Date.--The amendments made by this section shall \napply to--\n (1) levies made after the date of the enactment of this \n Act, and\n (2) levies made on or before such date if the 9-month \n period has not expired under section 6343(b) of the Internal \n Revenue Code of 1986 (without regard to this section) as of \n such date.\n\nSEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED \n DISCLOSURES OF INFORMATION.\n\n (a) In General.--Paragraphs (1), (2), (3), and (4) of section \n7213(a) of the Internal Revenue Code of 1986 are each amended by \nstriking ``$5,000'' and inserting ``$10,000''.\n (b) Effective Date.--The amendments made by this section shall \napply to disclosures made after the date of the enactment of this Act.\n\nSEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL.\n\n (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new section:\n\n``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES \n IN AN INTERNAL APPEAL.\n\n ``(a) In General.--In reviewing an appeal of any determination \ninitially made by the Internal Revenue Service, the Internal Revenue \nService Office of Appeals may not consider or decide any issue that is \nnot within the scope of the initial determination.\n ``(b) Certain Issues Deemed Outside of Scope of Determination.--For \npurposes of subsection (a), the following matters shall be considered \nto be not within the scope of a determination:\n ``(1) Any issue that was not raised in a notice of \n deficiency or an examiner's report which is the subject of the \n appeal.\n ``(2) Any deficiency in tax which was not included in the \n initial determination.\n ``(3) Any theory or justification for a tax deficiency \n which was not considered in the initial determination.\n ``(c) No Inference With Respect to Issues Raised by Taxpayers.--\nNothing in this section shall be construed to provide any limitation in \naddition to any limitations in effect on the date of the enactment of \nthis section on the right of a taxpayer to raise an issue, theory, or \njustification on an appeal from a determination initially made by the \nInternal Revenue Service that was not within the scope of the initial \ndetermination.''.\n (b) Clerical Amendment.--The table of sections for chapter 77 of \nsuch Code is amended by adding at the end the following new item:\n\n``Sec. 7529. Prohibition on Internal Revenue Service raising new issues \n in an internal appeal.''.\n (c) Effective Date.--The amendments made by this section shall \napply to matters filed or pending with the Internal Revenue Service \nOffice of Appeals on or after the date of the enactment of this Act.\n\nSEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL \n RESIDENCES.\n\n (a) In General.--Section 7403(a) of the Internal Revenue Code of \n1986 is amended--\n (1) by striking ``In any case'' and inserting the \n following:\n ``(1) In general.--In any case'', and\n (2) by adding at the end the following new paragraph:\n ``(2) Limitation with respect to principal residence.--\n ``(A) In general.--Paragraph (1) shall not apply to \n any property used as the principal residence of the \n taxpayer (within the meaning of section 121) unless the \n Secretary of the Treasury makes a written determination \n that--\n ``(i) all other property of the taxpayer, \n if sold, is insufficient to pay the tax or \n discharge the liability, and\n ``(ii) such action will not create an \n economic hardship for the taxpayer.\n ``(B) Delegation.--For purposes of this paragraph, \n the Secretary of the Treasury may not delegate any \n responsibilities under subparagraph (A) to any person \n other than--\n ``(i) the Commissioner of Internal Revenue, \n or\n ``(ii) a district director or assistant \n district director of the Internal Revenue \n Service.''.\n (b) Effective Date.--The amendments made by this section shall \napply to actions filed after the date of the enactment of this Act.\n\nSEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR \n MISCONDUCT.\n\n (a) Termination of Unemployment for Inappropriate Review of Tax-\nExempt Status.--Section 1203(b) of the Internal Revenue Service \nRestructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended \nby striking ``and'' at the end of paragraph (9), by striking the period \nat the end of paragraph (10) and inserting ``; and'', and by adding at \nthe end the following new paragraph:\n ``(11) in the case of any review of an application for tax-\n exempt status by an organization described in section 501(c) of \n the Internal Revenue Code of 1986, developing or using any \n methodology that applies disproportionate scrutiny to any \n applicant based on the ideology expressed in the name or \n purpose of the organization.''.\n (b) Mandatory Unpaid Administrative Leave for Misconduct.--\nParagraph (1) of Section 1203(c) of the Internal Revenue Service \nRestructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended \nby adding at the end the following new sentence: ``Notwithstanding the \npreceding sentence, if the Commissioner of Internal Revenue takes a \npersonnel action other than termination for an act or omission \ndescribed in subsection (b), the Commissioner shall place the employee \non unpaid administrative leave for a period of not less than 30 \ndays.''.\n (c) Limitation on Alternative Punishment.--Paragraph (1) of section \n1203(c) of the Internal Revenue Service Restructuring and Reform Act of \n1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner'' \nand inserting ``Except in the case of an act or omission described in \nsubsection (b)(3)(A), the Commissioner''.\n\nSEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE \n ORGANIZATIONS.\n\n (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of \n1986 is amended by striking ``or'' at the end of subparagraph (C) and \nby adding at the end the following new subparagraph:\n ``(E) with respect to the initial classification or \n continuing classification of an organization described \n in section 501(c)(4) which is exempt from tax under \n section 501(a), or''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to pleading filed after the date of the enactment of \nthis Act.\n\nSEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX \n ADMINISTRATION.\n\n (a) Review.--Subsection (k)(1) of section 8D of the Inspector \nGeneral Act of 1978 (5 U.S.C. App.) is amended--\n (1) in subparagraph (C), by striking ``and'' at the end;\n (2) by redesignating subparagraph (D) as subparagraph (E);\n (3) by inserting after subparagraph (C) the following new \n subparagraph:\n ``(D) shall--\n ``(i) review any criteria employed by the \n Internal Revenue Service to select tax returns \n (including applications for recognition of tax-\n exempt status) for examination or audit, \n assessment or collection of deficiencies, \n criminal investigation or referral, refunds for \n amounts paid, or any heightened scrutiny or \n review in order to determine whether the \n criteria discriminates against taxpayers on the \n basis of race, religion, or political ideology; \n and\n ``(ii) consult with the Internal Revenue \n Service on recommended amendments to such \n criteria in order to eliminate any \n discrimination identified pursuant to the \n review described in clause (i); and''; and\n (4) in subparagraph (E), as so redesignated, by striking \n ``and (C)'' and inserting ``(C), and (D)''.\n (b) Semiannual Report.--Subsection (g) of such section is amended \nby adding at the end the following new paragraph:\n ``(3) Any semiannual report made by the Treasury Inspector \n General for Tax Administration that is required pursuant to \n section 5(a) shall include--\n ``(A) a statement affirming that the Treasury \n Inspector General for Tax Administration has reviewed \n the criteria described in subsection (k)(1)(D) and \n consulted with the Internal Revenue Service regarding \n such criteria; and\n ``(B) a description and explanation of any such \n criteria that was identified as discriminatory by the \n Treasury Inspector General for Tax Administration.''.","summary":"Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages. (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information. (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy. (4) increase civil fines for unauthorized disclosures of tax return information. (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination. (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. And (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria.","title":"Eliminating Improper and Abusive IRS Audits Act of 2014","text_len":13173,"sum_len":2044} {"bill_id":"106_hr2939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Debt Relief and IMF Reform Act of \n1999''.\n\nSEC. 2. CONDITIONS OF APPROVING GOLD SALES BY THE INTERNATIONAL \n MONETARY FUND.\n\n Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is \namended by adding at the end the following: ``No director appointed to \nrepresent the United States at the Fund shall vote for any proposal to \nsell or otherwise convert or liquidate gold, unless--\n ``(1) the Congress has enacted a joint resolution \n authorizing the approval of the proposal;\n ``(2)(A) the Fund has canceled all debts owed to the Fund \n by the countries eligible for debt relief under the Heavily \n Indebted Poor Countries (HIPC) Initiative and Haiti; and\n ``(B) the Secretary of the Treasury, after consultation \n with the Comptroller General, demonstrates to the Congress that \n there is no other feasible way to finance the cancellation of \n such debts, and, if the Comptroller General does not concur, \n explains to the Congress why any other method of financing \n suggested by the Comptroller General is not feasible;\n ``(3) the most recent operational budget of the Fund has \n been published, with any information that could disrupt \n financial markets or affect adversely the national security of \n any country redacted, and the publicly available financial \n statements of the Fund are reorganized and restated in a manner \n consistent with the Fund's code of good practices, and with the \n principles of transparency and accountability;\n ``(4) the Congress has enacted a joint resolution \n certifying that the Fund is in full compliance with the \n conditions imposed or required to be imposed by title VI of the \n Foreign Operations, Export Financing, and Related Programs \n Appropriations Act, 1999 (as contained in section 101(d) of \n division A of the Omnibus Consolidated and Emergency \n Supplemental Appropriations Act, 1999 (Public Law 105-277));\n ``(5) the proposal is--\n ``(A) to sell any gold held by the Fund on the \n effective date of the Second Amendment to the Articles \n of Agreement of the Fund;\n ``(B) only to the member countries that were member \n countries on August 31, 1975, and Papua New Guinea, and \n that agree to purchase the gold;\n ``(C) in proportion to the quotas of such countries \n in the Fund on August 31, 1975;\n ``(D) in exchange for the currencies of such \n countries; and\n ``(E) at a price of SDR 35 per fine ounce;\n ``(6) the interest accruing on any investment of the \n residual proceeds to the Fund of the sale will be used for the \n provision of debt relief for such countries without conditions; \n and\n ``(7) the official budget of the United States Government \n displays the costs of United States participation in the Fund, \n in accordance with the guidelines provided in the President's \n Commission on Budget Concepts.''.\n\nSEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE \n ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE \n INTERNATIONAL MONETARY FUND.\n\n (a) Prohibition on Future Funding.--No officer, employee, or agent \nof the United States may, directly or indirectly, provide any thing of \nvalue to the International Monetary Fund for the purpose of providing \nresources to the Enhanced Structural Adjustment Facility or other \nconcessional lending facility of the International Monetary Fund.\n (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods \nAgreements Act (22 U.S.C. 286c) is further amended by adding at the end \nthe following: ``The director appointed to represent the United States \nat the Fund shall use every effort to terminate the Enhanced Structural \nAdjustment Facility of the Fund within one year after the date of the \nenactment of this sentence. No director appointed to represent the \nUnited States at the Fund shall vote for any proposal to use resources \nof the Enhanced Structural Adjustment Facility of the Fund for any \npurpose, except for a proposal to abolish the Facility, use such \nresources for debt relief, and return any resources remaining after \nsuch use to the General Resources of the Fund.''.\n\nSEC. 4. NO APPROPRIATIONS FOR THE INTERNATIONAL MONETARY FUND UNTIL THE \n INTERNATIONAL MONETARY FUND HAS CANCELLED ALL DEBTS OWED \n TO THE FUND BY THE HEAVILY INDEBTED POOR COUNTRIES AND BY \n HAITI.\n\n Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is \nfurther amended by adding at the end the following: ``No amounts may be \nappropriated for payment to the Fund until the Fund has cancelled all \ndebts owed to the Fund by the countries eligible for debt relief under \nthe Heavily Indebted Poor Countries (HIPC) Initiative and Haiti, and \nhas financed such debt cancellation from ongoing operations, \nprocedures, and accounts of the Fund established as of the end of the \nmost recent fiscal year.''.\n\nSEC. 5. CONDITIONS OF APPROVING QUOTA INCREASE FOR THE INTERNATIONAL \n MONETARY FUND.\n\n Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is \nfurther amended by adding at the end the following: ``No governor or \nalternate appointed to represent the United States at the International \nMonetary Fund shall vote for any proposal for any quota increase for \nthe International Monetary Fund, unless, before the proposal was made, \nthe Congress received notice of the proposal and the position of the \nExecutive Branch on the proposal, and the Congress has enacted a joint \nresolution authorizing the approval of the proposal.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect 60 \ndays after the date of the enactment of this Act.","summary":"Prohibits US officers, employees or agents from providing any thing of value to the IMF for the purpose of providing resources to the Enhanced Structural Adjustment Facility (ESAF) or other concessional lending facility of the IMF. Amends the Bretton Woods Agreements Act to require the US director of the IMF to use every effort to terminate the ESAF. Prohibits appropriations for payments to the IMF until it has canceled all debts owed to it by HIPCs and Haiti. Prohibits the US governor to the IMF from voting for any proposal for any quota increase for the IMF, unless, before the proposal was made, Congress received notice of the proposal and the position of the Executive Branch on it, and Congress has enacted a joint resolution of approval.","title":"Debt Relief and IMF Reform Act of 1999","text_len":6154,"sum_len":750} {"bill_id":"105_hr657","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Law Enforcement Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) effective and impartial enforcement of the law is one \n of the most important functions of the government;\n (2) the preservation of our form of Government and the \n rights of our citizens are dependent upon competent and \n professional law enforcement agencies;\n (3) responsibility for law enforcement in the United States \n resides primarily with State and local governments;\n (4)(A) one-third of all Americans live in nonurban areas \n and 90 percent of all law enforcement agencies serve \n populations of fewer than 25,000 residents; and\n (B) 75 percent serve a population of fewer than 10,000 \n residents;\n (5) rural violent crime has increased over 35 percent from \n 1985 to 1995, and is taking a toll on rural citizens and rural \n law enforcement practitioners;\n (6) approximately 22,400 local government entities exist in \n the 50 States, and the needs of rural law enforcement in the \n areas of research, technical assistance, and the delivery of \n executive education and training programs have been jointly \n identified by the Federal Bureau of Investigation, the \n Department of Justice, and the National Center for Rural Law \n Enforcement at the University of Arkansas at Little Rock; and\n (7) the National Center for Rural Law Enforcement at the \n University of Arkansas at Little Rock will continue to \n cooperate with the Federal Bureau of Investigation and the \n Department of Justice to promote the development and \n implementation of training and education programs for rural law \n enforcement agencies.\n\nSEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.\n\n (a) In General.--Title XVIII of the Violent Crime Control and Law \nEnforcement Act of 1994 is amended by adding at the end the following \nnew subtitle:\n\n ``Subtitle D--National Center for Rural Law Enforcement\n\n``SEC. 180401. ESTABLISHMENT.\n\n ``(a) In General.--There is established at the University of \nArkansas, at Little Rock, the National Center for Rural Law \nEnforcement.\n ``(b) Advisory Board.--\n ``(1) In general.--There shall be established within the \n National Center for Rural Law Enforcement an Advisory Board \n (referred to in this Act as the `Advisory Board') that shall be \n comprised of 15 members, of whom--\n ``(A) 10 shall be selected by the Attorney General \n of the United States, in consultation with the Director \n of the Federal Bureau of Investigation, from personnel \n of rural law enforcement agencies serving communities \n with populations of less than 25,000 people, 2 from \n each of 5 regions (including the Northeast, Northwest, \n Southeast, Southwest, and Midwest);\n ``(B) 2 shall be selected by the Attorney General \n from personnel of State law enforcement agencies, 1 \n from training and 1 from law enforcement;\n ``(C) 2 shall be selected by the Director of the \n Federal Bureau of Investigation from employees of the \n Federal Bureau of Investigation; and\n ``(D) the Executive Director of the National Center \n for Rural Law Enforcement, who shall serve as a \n permanent member of the Advisory Board.\n ``(2) Powers.--\n ``(A) Terms of the Advisory Board members will be \n for 1 year, with 3 members rotating each year. The \n first Advisory Board members, at their first meeting, \n will draw lots from 1 to 5 years.\n ``(B) The Advisory Board members shall formulate, \n adopt, and publish guidelines governing the operation \n of the Center, consistent with its mission.\n ``(3) Travel expenses.--The members of the Advisory Board \n shall be allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of agencies \n under subchapter I of chapter 57 of title 5, United States \n Code, while away from their homes or regular places of business \n in performance of services for the Advisory Board.\n ``(c) Executive Director.--\n ``(1) Appointment.--The Attorney General shall appoint the \n Executive Director of the National Center for Rural Law \n Enforcement in consultation with the Director of the Federal \n Bureau of Investigation and the Chancellor of the University of \n Arkansas at Little Rock. The Executive Director shall serve a \n term not longer than 5 years.\n ``(2) Duties.--The Executive Director shall have the duties \n and responsibilities fulfilling functions as set forth in this \n Act, including the preparation and submission of a periodic \n report to the Advisory Board and the Chancellor of the \n University of Arkansas at Little Rock.\n ``(d) Procurement of Temporary and Intermittent Services.--The \nNational Center for Rural Law Enforcement, with the advice of the \nAdvisory Board, may procure temporary and intermittent services under \nsection 3109 of title 5, United States Code, at rates for individuals \nthat do not exceed the daily equivalent of the annual rate of basic pay \nprescribed for members of the Senior Executive Service, ES-6, Level V \nof the Executive Schedule as authorized by section 5352 of such title.\n\n``SEC. 180402. FUNCTIONS.\n\n ``(a) In General.--The Director of the National Center for Rural \nLaw Enforcement shall provide for--\n ``(1) the training of supervisory and executive managers of \n rural law enforcement in a systematic and effective manner;\n ``(2) the support of rural law enforcement agencies with \n technical assistance and practical and focused research;\n ``(3) equitable education and training opportunities for \n rural law enforcement personnel;\n ``(4) the delivery of training programs by Federal agencies \n and the Center;\n ``(5) the promotion, development, and adoption of a \n voluntary national system of education and training standards \n and certification;\n ``(6) the development and dissemination of information \n designed to assist States and units of local government in \n rural areas throughout the country;\n ``(7) grants to, and contracts with, Federal, State, and \n general units of local government, public and private agencies, \n educational institutions, organizations, and individuals to \n carry out this subtitle;\n ``(8) the establishment and continuation of a clearinghouse \n and information center for the collection, preparation, and \n dissemination of information on criminal justice and rural law \n enforcement, including programs for prevention of crime and \n recidivism, and management training of law enforcement \n personnel;\n ``(9) assistance and service in a consulting capacity to \n Federal, State, and local criminal justice agencies in the \n development, maintenance, and coordination of programs, \n facilities and services, training, research, and prevention \n with respect to crime in rural areas;\n ``(10) the encouragement and assistance to Federal, State, \n and local government programs and services, and programs for \n law enforcement officers, judges and judicial personnel, \n probation and parole personnel, correctional personnel, welfare \n workers, and other persons;\n ``(11) the development of technical training teams to aid \n in the development of seminars, workshops, and training \n programs within the States and with the State and local \n agencies that work with rural law enforcement managers;\n ``(12) the conduct, encouragement, and coordination of \n research relating to law enforcement and criminal justice \n issues, including the causes, diagnosis, and prevention of \n criminal activity;\n ``(13) the formulation and dissemination of rural law \n enforcement policy, goals, standards, and recommendations for \n Federal, State, and local criminal justice agencies, \n organizations, institutions, and personnel; and\n ``(14) evaluation programs that study the effectiveness of \n new approaches, techniques, systems, programs, and devices \nemployed to improve rural law enforcement systems.\n ``(b) Authority.--The National Center for Rural Law Enforcement \nmay--\n ``(1) enter into contracts with public or private agencies, \n organizations, or individuals for the performance of any of the \n functions of the Center;\n ``(2) enter into cooperative agreements with Federal, \n State, and local agencies and nonprofit entities to carry out \n the functions of the Center;\n ``(3) arrange with and reimburse the heads of Federal \n departments and agencies for the use of personnel, facilities, \n or equipment of such departments and agencies;\n ``(4) confer with and avail itself of the assistance, \n services, records, and facilities of State and local \n governments or other public or private agencies, organizations, \n and individuals; and\n ``(5) procure the services of experts and consultants in \n accordance with section 3109 of title 5, United States Code, at \n rates of compensation not to exceed the daily equivalent of the \n rate authorized for members of the Senior Executive Service, \n ES-6, Level 5, as authorized by section 5352 of title 5, United \n States Code.\n ``(c) Methods.--In carrying out its functions under this section, \nthe National Center for Rural Law Enforcement shall--\n ``(1) utilize consensus building;\n ``(2) work in cooperation with--\n ``(A) rural, nonurban law enforcement agencies;\n ``(B) agencies of Federal, State, and local \n governments; and\n ``(C) institutions of higher learning, law \n enforcement associations, and other not-for-profit \n organizations;\n ``(3) request and receive from other Federal departments \n and agencies such statistics, data, program reports, and other \n materials necessary for the Center to carry out its functions;\n ``(4) arrange with and reimburse the heads of other Federal \n departments and agencies for the use of personnel, facilities, \n or equipment of such departments and agencies; and\n ``(5) use the assistance, services, records, and facilities \n of State and local governments or other public or private \n agencies, organizations, and individuals.\n\n``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated to carry out this \nsubtitle, as a separate line item in the Department of Justice \nAppropriations Act--\n ``(1) $12,000,000 for fiscal year 1998; and\n ``(2) such sums as are necessary for each of the fiscal \n years 1999 through 2002.''.\n (b) Technical Amendment.--The table of contents for the Violent \nCrime Control and Law Enforcement Act of 1994 is amended by adding at \nthe end of the matter relating to title XVIII, the following:\n\n ``Subtitle D--National Center for Rural Law Enforcement\n\n``Sec. 180401. Establishment.\n``Sec. 180402. Functions.\n``Sec. 180403. Authorization of appropriations.''.","summary":"Rural Law Enforcement Act of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish: (1) at the University of Arkansas at Little Rock the National Center for Rural Law Enforcement. And (2) an Advisory Board to formulate, adopt, and publish guidelines governing the operation of the Center. Sets forth provisions regarding the Center's: (1) functions, (2) authority, and (3) methods . Authorizes appropriations.","title":"Rural Law Enforcement Act of 1997","text_len":12107,"sum_len":440} {"bill_id":"104_s2119","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission to Study the Federal \nStatistical System Act of 1996''.\n\nSEC. 2. FINDINGS.\n\n The Congress, recognizing the importance of statistical information \nin the development and administration of policies for the private and \npublic sector, finds that--\n (1) accurate Federal statistics are required to develop, \n implement, and evaluate government policies and laws;\n (2) Federal spending consistent with legislative intent \n requires accurate and appropriate statistical information;\n (3) business and individual economic decisions are \n influenced by Federal statistics and contracts are often based \n on such statistics;\n (4) statistical information on the manufacturing and \n agricultural sectors is more complete than statistical \n information regarding the service sector which employs more \n than half the Nation's workforce;\n (5) experts in the private and public sector have long-\n standing concerns about the accuracy and adequacy of numerous \n Federal statistics, including the Consumer Price Index, gross \n domestic product, trade data, wage data, and the poverty rate;\n (6) Federal statistical data should be accurate, \n consistent, and continuous;\n (7) the Federal statistical infrastructure should be \n modernized to accommodate the increasingly complex and ever \n changing American economy;\n (8) Federal statistical agencies should utilize all \n practical technologies to disseminate statistics to the public; \n and\n (9) the Federal statistical infrastructure should maintain \n the privacy of individuals.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established a commission to be known \nas the Commission to Study the Federal Statistical System (hereafter in \nthis Act referred to as the ``Commission'').\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 13 \n members of whom--\n (A) 5 shall be appointed by the President;\n (B) 4 shall be appointed by the President pro \n tempore of the Senate, in consultation with the \n majority leader and minority leader of the Senate; and\n (C) 4 shall be appointed by the Speaker of the \n House of Representatives, in consultation with the \n majority leader and minority leader of the House of \n Representatives.\n (2) Political party limitation.--(A) Of the 5 members of \n the Commission appointed under paragraph (1)(A), no more than 3 \n members may be members of the same political party.\n (B) Of the 4 members of the Commission appointed under \n subparagraphs (B) and (C) of paragraph (1), respectively, no \n more than 2 members may be members of the same political party.\n (3) Consultation before appointments.--In making \n appointments under paragraph (1), the President, the President \n pro tempore of the Senate, and the Speaker of the House of \n Representatives shall consult with the National Science \n Foundation and appropriate professional organizations, such as \n the American Economic Association and the American Statistical \n Association.\n (4) Qualifications.--An individual appointed to serve on \n the Commission--\n (A) shall have expertise in statistical policy and \n a background in such disciplines as actuarial science, \n demography, economics, and finance;\n (B) may not be a Federal officer or employee; and\n (C) should be an academician, a statistics user in \n the private sector, or a former government official \n with experience related to--\n (i) the Bureau of Labor Statistics of the \n Department of Labor; or\n (ii) the Bureau of Economic Analysis or the \n Bureau of the Census of the Department of \n Commerce.\n (5) Date.--The appointments of the members of the \n Commission shall be made no later than 150 days after the date \n of the enactment of this Act.\n (c) Period of Appointment; Vacancies.--Members shall be appointed \nfor the life of the Commission. Any vacancy in the Commission shall not \naffect its powers, but shall be filled in the same manner as the \noriginal appointment.\n (d) Initial Meeting.--No later than 30 days after the date on which \nall members of the Commission have been appointed, the Commission shall \nhold its first meeting.\n (e) Meetings.--The Commission shall meet at the call of the \nChairman.\n (f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n (g) Chairman.--The President shall designate a Chairman of the \nCommission from among the members.\n\nSEC. 4. FUNCTIONS OF THE COMMISSION.\n\n (a) Study.--\n (1) In general.--The Commission shall conduct a \n comprehensive study of all matters relating to the Federal \n statistical infrastructure, including longitudinal surveys \n conducted by private agencies and partially funded by the \n Federal Government.\n (2) Study and recommendations.--The matters studied by and \n recommendations of the Commission shall include--\n (A) an examination of multipurpose statistical \n agencies that collect and analyze data of broad \n interest across department and function areas, such as \n the Bureau of Economic Analysis and the Bureau of the \n Census of the Commerce Department, and the Bureau of \n Labor Statistics of the Labor Department;\n (B) a review and evaluation of the collection of \n data for purposes of administering such programs as \n Old-Age, Survivors and Disability Insurance and \n Unemployment Insurance under the Social Security Act;\n (C) a review and evaluation of the mission and \n organization of various statistical agencies, \n including--\n (i) recommendations with respect to \n statistical activities that should be expanded \n or deleted;\n (ii) the order of priority such activities \n should be carried out;\n (iii) a review of the advantages and \n disadvantages of a centralized statistical \n agency or a partial consolidation of the \n agencies for the Federal Government; and\n (iv) an assessment of which agencies could \n be consolidated into such an agency;\n (D) an examination of the methodology involved in \n producing official data and recommendations for \n technical changes to improve statistics;\n (E) an evaluation of the accuracy and \n appropriateness of key statistical indicators and \n recommendations of ways to improve such accuracy and \n appropriateness;\n (F) a review of interagency coordination of \n statistical data and recommendations of methods to \n standardize collection procedures and surveys, as \n appropriate, and presentation of data throughout the \n Federal system;\n (G) a review of information technology and \n recommendations of appropriate methods for \n disseminating statistical data, with special emphasis \n on resources, such as the Internet, that allow the \n public to obtain information in a timely and cost-\n effective manner;\n (H) an examination of individual privacy in the \n context of statistical data;\n (I) a comparison of the United States statistical \n system to statistical systems of other nations;\n (J) a consideration of the coordination of \n statistical data with other nations and international \n agencies, such as the Organization for Economic \n Cooperation and Development; and\n (K) a recommendation of a strategy for maintaining \n a modern and efficient Federal statistical \n infrastructure as the needs of the United States \n change.\n (b) Report.--\n (1) Interim report.--No later than June 1, 1998, the \n Commission shall submit an interim report on the study \n conducted under subsection (a) to the President and to the \n Congress.\n (2) Final report.--No later than January 15, 1999, the \n Commission shall submit a final report to the President and the \n Congress which shall contain a detailed statement of the \n findings and conclusions of the Commission, and recommendations \n for such legislation and administrative actions as the \n Commission considers appropriate.\n\nSEC. 5. POWERS OF THE COMMISSION.\n\n (a) Hearings.--The Commission may hold such hearings, sit and act \nat such times and places, take such testimony, and receive such \nevidence as the Commission considers advisable to carry out the \npurposes of this Act.\n (b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out the provisions of this Act. \nUpon request of the Chairman of the Commission, the head of such \ndepartment or agency shall furnish such information to the Commission.\n (c) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (d) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--\n (1) In general.--Subject to paragraph (2), each member of \n the Commission shall be compensated at a rate equal to the \n daily equivalent of the annual rate of basic pay prescribed for \n level IV of the Executive Schedule under section 5315 of title \n 5, United States Code, for each day (including travel time) \n during which such member is engaged in the performance of the \n duties of the Commission.\n (2) Chairman.--The Chairman shall be compensated at a rate \n equal to the daily equivalent of the annual rate of basic pay \n prescribed for level III of the Executive Schedule under \n section 5315 of title 5, United States Code, for each day \n (including travel time) during which such member is engaged in \n the performance of the duties of the Commission.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission. Such travel may include travel outside the United States.\n (c) Staff.--\n (1) In general.--Subject to paragraph (2), the Commission \n shall, without regard to the provisions of title 5, United \n States Code, relating to the competitive service, appoint an \n executive director who shall be paid at a rate equivalent to a \n rate established for the Senior Executive Service under section \n 5382 of title 5, United States Code. The Commission shall \n appoint such additional personnel as the Commission determines \n to be necessary to provide support for the Commission, and may \n compensate such additional personnel without regard to the \n provisions of title 5, United States Code, relating to the \n competitive service.\n (2) Limitation.--The total number of employees of the \n Commission (including the executive director) may not exceed \n 30.\n (d) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairman of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 7. TERMINATION OF THE COMMISSION.\n\n The Commission shall terminate 90 days after the date on which the \nCommission submits the final report of the Commission.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated $2,500,000 for fiscal year \n1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year \n1999 to the Commission to carry out the purposes of this Act.","summary":"Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. Authorizes appropriations.","title":"Commission to Study the Federal Statistical System Act of 1996","text_len":13834,"sum_len":360} {"bill_id":"104_hr1498","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Reserve Reform Act of \n1995''.\n\nSEC. 2. MEMBERSHIP OF THE FEDERAL OPEN MARKET ADVISORY COMMITTEE.\n\n (a) In General.--Section 12A(a) of the Federal Reserve Act (12 \nU.S.C. 263(a)) is amended to read as follows:\n ``(a) Establishment of Advisory Committee.--\n ``(1) In general.--There is established a Federal Open \n Market Advisory Committee (hereafter in this section referred \n to as the `Advisory Committee'), which shall consist of the \n presidents of the Federal Reserve banks.\n ``(2) Chairperson.--The president of the Federal Reserve \n Bank of New York shall serve as the chairperson of the Advisory \n Committee.\n ``(3) Meetings.--The meetings of the Advisory Committee \n shall be held in Washington, District of Columbia, not less \n than 4 times each year upon the call of the Board.\n ``(4) Duties.--The Advisory Committee shall advise the \n Board on the conduct of open-market operations.''.\n (b) Conforming Amendments.--\n (1) Federal reserve act.--The Federal Reserve Act (12 \n U.S.C. 221 et seq.) is amended--\n (A) in section 2A (12 U.S.C. 225a)--\n (i) by striking ``and the Federal Open \n Market Committee'' each place it appears; and\n (ii) in the sixth sentence, by striking \n ``determine'' and inserting ``determines'';\n (B) in the tenth undesignated paragraph of section \n 10 (12 U.S.C. 247a)--\n (i) by striking ``and by the Federal Open \n Market Committee''; and\n (ii) by striking ``and the Committee'';\n (C) in section 12A (12 U.S.C. 263)--\n (i) in subsection (b)--\n (I) by striking ``Committee'' each \n place it appears and inserting \n ``Board''; and\n (II) by inserting ``Regulations.--\n '' before ``No Federal Reserve''; and\n (ii) in subsection (c), by inserting \n ``Accommodation of Commerce and Business.--'' \n before ``The time''; and\n (D) in section 14(b)(2) (12 U.S.C. 355(2)), by \n striking ``Federal Open Market Committee'' and \n inserting ``Board''.\n (2) International lending supervision act of 1983.--Section \n 911(a)(3)(C) of the International Lending Supervision Act of \n 1983 (12 U.S.C. 3910(a)(3)(C)) is amended by striking ``Federal \n Open Market Committee'' and inserting ``Board of Governors of \n the Federal Reserve System''.\n\nSEC. 3. CONSULTATION BETWEEN THE BOARD OF GOVERNORS AND THE SECRETARY \n OF THE TREASURY, THE DIRECTOR OF THE OMB, AND THE \n CHAIRMAN OF THE CEA.\n\n Section 2A of the Federal Reserve Act (12 U.S.C. 225a) (as amended \nby section 2(b)(1)(A)) is amended--\n (1) in the first sentence, by striking ``The Board of \n Governors'' and inserting the following:\n ``(a) In General.--The Board of Governors''; and\n (2) by adding at the end the following new subsection:\n ``(b) Consultation Required.--The Board of Governors shall meet and \nconsult with the Secretary of the Treasury, the Director of the Office \nof Management and Budget, and the chairman of the Council of Economic \nAdvisors--\n ``(1) during the 30-day period immediately preceding the \n date on which each report required under the second \nsentence of subsection (a) is submitted to the Congress by the Board of \nGovernors; and\n ``(2) during the 30-day period beginning on the date which \n is 100 days immediately preceding the date by which the \n President is required to submit the budget under section \n 1105(a) of title 31, United States Code.''.\n\nSEC. 4. APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN.\n\n (a) Appointment of the Chairman and Vice Chairman.--The second \nundesignated paragraph of section 10 of the Federal Reserve Act (12 \nU.S.C. 242) is amended by striking the third sentence and inserting the \nfollowing: ``The President shall appoint, by and with the advice and \nconsent of the Senate, one member of the Board to serve as Chairman. \nThe term of such member as Chairman shall expire on January 31 of the \nfirst calendar year beginning after the end of the term of the \nPresident who appointed such member as Chairman. If a member appointed \nas Chairman does not complete the term of such office as established in \nthe preceding sentence, the President shall appoint, by and with the \nadvice and consent of the Senate, another member to complete the \nunexpired portion of such term. The President shall also appoint, by \nand with the advice and consent of the Senate, one member of the Board \nto serve as Vice Chairman for a term of 4 years. The Chairman and the \nVice Chairman may each serve after the end of their respective terms \nuntil a successor has taken office.''.\n (b) Performance of Duties.--The second undesignated paragraph of \nsection 10 of the Federal Reserve Act (12 U.S.C. 242) (as amended by \nsubsection (a) of this section) is amended by inserting after the \nseventh sentence the following: ``In the event of the absence or \nunavailability of the Chairman, the Vice Chairman or (in the Vice \nChairman's absence) another member of the Board may be designated by \nthe Chairman to perform the duties of the office of the Chairman. If a \nvacancy occurs in the office of the Chairman, the Vice Chairman shall \nperform the duties of the Chairman until a successor takes office. If a \nvacancy occurs in the office of the Vice Chairman while the office of \nthe Chairman is vacant, the member of the Board with the most years of \nservice on the Board shall perform the duties of the Chairman until a \nsuccessor takes office.''.\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect on the date \n of enactment of this Act.\n (2) Current chairman to complete term.--Notwithstanding the \n amendment made by subsection (a), any member who holds the \n office of Chairman of the Board of Governors of the Federal \n Reserve System on the date of enactment of this Act shall \n continue in such office during the remainder of the term to \n which such member was appointed.\n\nSEC. 5. DISCLOSURE OF INTERMEDIATE TARGETS.\n\n Section 12A(b) of the Federal Reserve Act (12 U.S.C. 263(b)) (as \namended by section 2(b)(1)(C)(i)) is amended by adding at the end the \nfollowing: ``Notwithstanding any other provision of law, each change, \nof any nature whatsoever, in the intermediate targets for monetary \npolicy, which change is adopted by the Board, shall be disclosed to the \npublic on the date on which such change is adopted. For purposes of \nthis subsection, the term `intermediate targets' means any policy \nobjectives regarding monetary aggregates, credit aggregates, prices, \ninterest rates, or bank reserves.''.\n\nSEC. 6. AUDIT OF FINANCIAL TRANSACTIONS BY COMPTROLLER GENERAL.\n\n Section 714(b) of title 31, United States Code, is amended--\n (1) in paragraph (1), by inserting ``or'' at the end; and\n (2) by striking paragraphs (2) through (4) and inserting \n the following:\n ``(2) memoranda, letters, or other written communications \n between or among members of the Board of Governors of the \n Federal Reserve System or officers or employees of the Federal \n Reserve System relating to any transaction described in \n paragraph (1).''.\n\nSEC. 7. BOARD SUBJECT TO BUDGET PROCESS.\n\n Section 1105 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n ``(h) Federal Reserve Board Budget Treatment.--Not later than \nOctober 16 of each year, the estimated receipts and proposed \nexpenditures of the Board of Governors of the Federal Reserve System \nand all Federal Reserve banks for the current year and the next 2 \nsucceeding years shall be transmitted by the Board to the President. \nThe President shall transmit to the Congress the information received \nin accordance with this subsection, without change, together with the \nbudget transmitted to the Congress under subsection (a).''.","summary":"Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations. Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods. Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy. Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption. Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions. And (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years.","title":"Federal Reserve Reform Act of 1995","text_len":8709,"sum_len":1438} {"bill_id":"107_s2184","text":"SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS.\n\n (a) Findings.--Congress makes the following findings:\n (1) The National Academy of Sciences issued a report \n entitled `Musculoskeletal Disorders and the Workplace--Low Back \n and Upper Extremities' on January 18, 2001. The report was \n issued after the Occupational Safety and Health Administration \n promulgated a final rule relating to ergonomics (published at \n 65 Fed. Reg. 68261 (2000)).\n (2) According to the National Academy of Sciences, \n musculoskeletal disorders of the low back and upper extremities \n are an important and costly national health problem. An \n estimated 1,000,000 workers each year lose time from work as a \n result of work-related musculoskeletal disorders.\n (3) Conservative estimates of the economic burden imposed \n by work-related musculoskeletal disorders, as measured by \n compensation costs, lost wages, and lost productivity, are \n between $45,000,000,000 and $54,000,000,000 annually.\n (4) Congress enacted the Occupational Safety and Health Act \n of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible \n every working man and woman in the Nation safe and healthful \n working conditions,' and charged the Secretary of Labor with \n implementing the Act to accomplish this purpose.\n (5) Promulgation of a standard on workplace ergonomics is \n needed to address a serious workplace safety and health problem \n and to protect working men and women from work-related \n musculoskeletal disorders. Any workplace ergonomics standard \n should take into account the cost and feasibility of compliance \n with such requirements and the sound science of the National \n Academy of Sciences report.\n (b) Authority to Issue Rule.--\n (1) In general.--Notwithstanding any other provision of \n law, not later than 2 years after the date of enactment of this \n Act, the Secretary of Labor shall, in accordance with section 6 \n of the Occupational Safety and Health Act of 1970 (29 U.S.C. \n 655), issue a final rule relating to ergonomics. The standard \n under the final rule shall take effect not later than 90 days \n after the date on which the rule is promulgated.\n (2) Requirements for standard.--The standard described in \n paragraph (1) shall--\n (A) address work-related musculoskeletal disorders \n and workplace ergonomic hazards;\n (B) not apply to musculoskeletal disorders that are \n not related to work;\n (C) set forth in clear terms--\n (i) the circumstances under which an \n employer is required to take action to address \n ergonomic hazards;\n (ii) the measures required of an employer \n under the standard; and\n (iii) the compliance obligations of an \n employer under the standard;\n (D) emphasize the prevention of injuries before \n they occur; and\n (E) cover all industries where workers are exposed \n to workplace ergonomic hazards and there are \n economically and technologically feasible measures to \n control these hazards.\n (3) Basis for standard.--The standard described in \n paragraph (1) shall be based upon--\n (A) the best available evidence, including the \n complete record of evidence assembled by the Department \n of Labor on ergonomics in Docket S-777, initiated \n August 3, 1992; and\n (B) employer and industry practices that have \n effectively reduced exposures to ergonomic hazards and \n the occurrence of work-related musculoskeletal \n disorders.\n In promulgating the standard, the Secretary shall consider \n existing standards on ergonomics or preventing work-related \n musculoskeletal disorders established by national consensus or \n recognized private standard setting organizations, States, and \n other countries.\n (4) Authorization.--Paragraph (1) shall be considered a \n specific authorization by Congress in accordance with section \n 801(b)(2) of title 5, United States Code, with respect to the \n issuance of a new ergonomic rule.\n (5) Prohibition.--In issuing a new rule under this \n subsection, the Secretary of Labor shall ensure that nothing in \n the rule expands the application of State workers' compensation \n laws.\n (6) Standard setting authority.--Nothing in this subsection \n shall be construed to restrict or alter the authority of the \n Secretary of Labor under the Occupational Safety and Health Act \n of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety \n standards (as defined in section 3(8) (29 U.S.C. 652(8)) of \n such Act) pursuant to section 6 (29 U.S.C. 655) of such Act.\n (7) Information and training materials.--The Secretary of \n Labor shall, prior to the date on which the new rule under this \n subsection becomes effective, develop information and training \n materials, and implement an outreach program and other \n initiatives, to provide compliance assistance to employers and \n employees concerning the new rule and the requirements under \n the rule.","summary":"Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics.","title":"A bill to provide for the reissuance of a rule relating to ergonomics.","text_len":5797,"sum_len":168} {"bill_id":"109_s1490","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chesapeake Bay Program \nReauthorization and Environmental Accountability Act of 2005''.\n\nSEC. 2. CHESAPEAKE BAY ENVIRONMENTAL ACCOUNTABILITY AND REPORTING \n REQUIREMENTS.\n\n Section 117 of the Federal Water Pollution Control Act (33 U.S.C. \n1267) is amended--\n (1) by redesignating subsection (j) as subsection (l);\n (2) in subsection (e)(7), by inserting ``by the Federal \n Government or a State government'' after ``funded'' each place \n it appears; and\n (3) by inserting after subsection (i) the following:\n ``(j) Environmental Accountability.--\n ``(1) Implementation plan.--\n ``(A) In general.--Not later than 180 days after \n the date of enactment of this paragraph, the \n Administrator shall complete a plan for achieving the \n nutrient and sediment reduction goals described in the \n agreement entered into by the Chesapeake Executive \n Council entitled `Chesapeake 2000' and dated June 28, \n 2000.\n ``(B) Inclusions.--The plan shall include--\n ``(i) a timeline identifying--\n ``(I) annual goals for achieving \n the overall nutrient and sediment \n reduction goals; and\n ``(II) the estimated annual costs \n of reaching the annual goals identified \n under subclause (I);\n ``(ii) a description of any measure, \n including monitoring or modeling, that the \n Administrator will use to assess progress made \n toward achieving a goal described in \n subparagraph (A) in--\n ``(I) each jurisdictional tributary \n strategy basin of the Chesapeake Bay; \n and\n ``(II) the Chesapeake Bay watershed \n as a whole; and\n ``(iii) a description of any Federal or \n non-Federal activity necessary to achieve the \n nutrient and sediment reduction goals, \n including an identification of any party that \n is responsible for carrying out the activity.\n ``(2) Annual tributary health report card.--\n ``(A) In general.--Not later than January 31 of \n each year, the Administrator shall publish and widely \n circulate a `tributary health report card' to evaluate, \n based on monitoring and modeling data, progress made \n during the preceding year (including any practice \n implemented during the year), and overall progress \n made, in achieving and maintaining nutrient and \n sediment reduction goals for each major tributary of \n the Chesapeake Bay and each separable segment of such a \n tributary.\n ``(B) Baseline.--The baseline for the report card \n (referred to in this paragraph as the `baseline') shall \n be the tributary cap load allocation agreement numbered \n EPA 903-R-03-007, dated December 2003, and entitled \n `Setting and Allocating the Chesapeake Bay Basin \n Nutrient and Sediment Loads: The Collaborative Process, \n Technical Tools and Innovative Approaches'.\n ``(C) Inclusions.--The report card shall include, \n for each jurisdictional tributary strategy basin of the \n Chesapeake Bay--\n ``(i) an identification of the total \n allocation of nutrients and sediments under the \n baseline;\n ``(ii) the monitored and modeled quantities \n of nitrogen, phosphorus, and sediment \n reductions achieved during the preceding year, \n expressed numerically and as a percentage of \n reduction;\n ``(iii) a list (organized from least to \n most progress made) that ranks the comparative \n progress made, based on the percentage of \n reduction under clause (ii), by each \n jurisdictional tributary strategy basin toward \n meeting the annual allocation goal of that \n jurisdictional tributary strategy basin for \n nitrogen, phosphorus, and sediment; and\n ``(iv) to the maximum extent practicable, \n an identification of the principal sources of \n pollutants of the tributaries, including \n airborne sources of pollutants.\n ``(D) Use of data; consideration.--In preparing the \n report, the Administrator shall--\n ``(i) use monitoring data and data \n submitted under paragraph (3)(A); and\n ``(ii) take into consideration drought and \n wet weather conditions.\n ``(3) Actions by states.--\n ``(A) Submission of information.--Not later than \n December 31 of each year, each of the States of \n Delaware, Maryland, New York, Pennsylvania, Virginia, \n and West Virginia and the District of Columbia shall \n submit to the Administrator information describing, for \n each jurisdictional tributary strategy basin of the \n Chesapeake Bay located in the State or District, for \n the preceding year--\n ``(i) the nutrient and sediment cap load \n allocation of the jurisdictional tributary \n strategy basin;\n ``(ii) the principal sources of nutrients \n and sediment in the jurisdictional tributary \n strategy basin, by category;\n ``(iii) for each category of pollutant \n source, the technologies or practices used to \n achieve reductions, including levels of best \n management practices implementation and sewage \n treatment plant upgrades; and\n ``(iv) any Federal, State, or non-Federal \n funding used to implement a technology or \n practice described in clause (iii).\n ``(B) Audit.--Not later than 1 year after the date \n of enactment of this subparagraph, and triennially \n thereafter, the Inspector General of the Environmental \n Protection Agency shall audit the information submitted \n by States under subparagraph (A) for accuracy.\n ``(C) Failure to act.--The Administrator shall not \n make a grant to a State under this Act if the State \n fails to submit any information in accordance with \n subparagraph (A).\n ``(k) Reporting Requirements.--\n ``(1) Office of management and budget.--\n ``(A) Initial report.--Not later than 180 days \n after the date of enactment of this subsection, the \n Director of the Office of Management and Budget shall \n submit to the appropriate committees of the Senate and \n the House of Representatives a report describing the \n feasibility and advisability of--\n ``(i) combining into a single fund certain \n or all funds (including formula and grant \n funds) made available to each Federal agency to \n carry out restoration activities relating to \n the Chesapeake Bay; and\n ``(ii) notwithstanding any issue relating \n to jurisdiction, distributing amounts from that \n fund in accordance with the priority of water \n quality improvement activities identified under \n the Chesapeake Bay Program.\n ``(B) Annual report.--Not later than February 15 of \n each year, the Director of the Office of Management and \n Budget shall submit to the appropriate committees of \n the Senate and the House of Representatives a report \n containing--\n ``(i) an interagency crosscut budget that \n displays the proposed budget for use by each \n Federal agency in carrying out restoration \n activities relating to the Chesapeake Bay for \n the following fiscal year; and\n ``(ii) a detailed accounting of all funds \n received and obligated by Federal and State \n governments (including formula and grant funds, \n such as State revolving loan funds and \n agriculture conservation funds) to achieve the \n objectives of the Chesapeake Bay Program during \n the preceding fiscal year.\n ``(2) Environmental protection agency.--Not later than \n April 15 of each year, the Administrator, in cooperation with \n appropriate Federal agencies, as determined by the \n Administrator, shall submit to the appropriate committees of \n the Senate and the House of Representatives a report \n containing--\n ``(A)(i) an estimate of the reduction in levels of \n nutrients and sediments in the Chesapeake Bay and its \n tributaries; and\n ``(ii) a comparison of each estimated reduction \n under clause (i) and the appropriate annual goal \n described in the implementation plan under subsection \n (j)(1);\n ``(B) based on review by the Administrator of the \n budget and implementation plans of each Federal agency, \n and any tributary strategy of an appropriate State \n agency--\n ``(i) an estimate of the reductions in \n pollutants likely to occur as a result of each \n program of an agency under this section during \n the subsequent 1-year and 5-year periods, \n including--\n ``(I) an analysis of the success or \n failure of each program in achieving \n nutrient and sediment reduction; and\n ``(II) an estimated timeline during \n which a reduction in nutrient and \n sediment pollution will occur; and\n ``(ii) accounting for other trend data, an \n estimate of the actual reduction in the \n quantities of nutrients and sediments in the \n Chesapeake Bay and its tributaries from all \n sources that has occurred over the preceding 1-\n year and 5-year periods; and\n ``(C) the technical basis and reliability of each \n estimate under this paragraph.''.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 117 of the Federal Water Pollution Control Act (33 U.S.C. \n1267) is amended by striking subsection (l) (as redesignated by section \n2) and inserting the following:\n ``(l) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $50,000,000 for each of fiscal \nyears 2006 through 2010, to remain available until expended.''.","summary":"Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) complete a plan for achieving the nutrient and sediment reduction goals described in the Chesapeake 2000 Agreement. (2) publish and circulate an annual tributary health report card to evaluate progress made in achieving and maintaining nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay. And (3) make annual reports to Congress on nutrient and sediment reduction in the Chesapeake Bay. Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator annually on actions taken by such states to achieve nutrient and sediment reductions in the Chesapeake Bay. Directs the Office of Management and Budget to report to Congress on the funding of restoration activities in the Chesapeake Bay. Increases and extends through FY2010 the authorization of appropriations for the Chesapeake Bay Program.","title":"A bill to amend the Federal Water Pollution Control Act to require environmental accountability and reporting and to reauthorize the Chesapeake Bay Program.","text_len":12672,"sum_len":1144} {"bill_id":"112_s1568","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State Innovation Pilot Act of \n2011''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are--\n (1) to support State, local, and tribal leadership and \n innovation in preparing all students to meet State-developed \n college and career ready academic content standards and student \n academic achievement standards, by establishing a process to \n permit State, local, and tribal educational leaders to \n implement alternative and innovative strategies to improve \n student academic achievement and otherwise meet the purposes of \n the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 6301 et seq.); and\n (2) to direct the Secretary of Education to defer to State, \n local, and tribal judgments regarding how best to accomplish \n the purposes of the Elementary and Secondary Education Act of \n 1965.\n\nSEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.\n\n Section 9401 of the Elementary and Secondary Education Act of 1965 \n(20 U.S.C. 7861) is amended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) In General.--\n ``(1) Request for waiver.--A State educational agency, \n local educational agency, or Indian tribe that receives funds \n under a program authorized under this Act may submit a request \n to the Secretary to waive any statutory or regulatory \n requirement of this Act.\n ``(2) Receipt of waiver.--Except as provided in subsection \n (c), the Secretary shall waive any statutory or regulatory \n requirement of this Act for a State educational agency, local \n educational agency, Indian tribe, or school (through a local \n educational agency), that submits a waiver request pursuant to \n this subsection.'';\n (2) in subsection (b)--\n (A) in paragraph (1)--\n (i) in the matter preceding subparagraph \n (A), by inserting ``, which shall include a \n plan'' after ``waiver request to the \n Secretary'';\n (ii) in subparagraph (B), by striking ``and \n how the waiving of those requirements will'' \n and all that follows through the end, and \n inserting a semicolon;\n (iii) by redesignating subparagraph (E) as \n subparagraph (F); and\n (iv) by striking subparagraphs (C) and (D), \n and inserting the following:\n ``(C) reasonably demonstrates that the waiver will \n improve instruction for students, advance student \n academic achievement, and contribute to student mastery \n of knowledge and skills, consistent with the State's \n college and career ready academic content standards and \n student academic achievement standards;\n ``(D) describes the methods the State educational \n agency, local educational agency, or Indian tribe will \n use to--\n ``(i) monitor the effectiveness of the \n implementation of the plan; and\n ``(ii) assure regular evaluation and \n continuous improvement of the plan;\n ``(E) as applicable to the waiver request--\n ``(i) describes the State educational \n agency, local educational agency, or Indian \n tribe's process for making valid and meaningful \n accountability determinations, based on student \n academic achievement, to review the success of \n schools and local educational agencies or \n Indian tribes in implementing the State's \n college and career ready academic content \n standards and student academic achievement \n standards;\n ``(ii) describes the State educational \n agency, local educational agency, or Indian \n tribe's process for accurately and meaningfully \n identifying, supporting, and intervening in \n underperforming schools, consistent with \n applicable State or local policy; and\n ``(iii) includes information on how the \n State educational agency, local educational \n agency, or Indian tribe will maintain and \n improve transparency in reporting to parents \n and the public on student achievement and \n school performance, including the achievement \n of students according to the student subgroups \n described in subclauses (I) through (IV) of \n section 1111(b)(2)(B)(viii); and'';\n (B) in paragraph (2)(B)(i)(II), by striking ``(on \n behalf of, and based on the requests of, local \n educational agencies)'' and inserting ``(on their own \n behalf, or on behalf of, and based on the requests of, \n local educational agencies in the State)'';\n (C) in paragraph (3)(A), in the matter preceding \n clause (i), by inserting ``or on behalf of local \n educational agencies in the State,'' after ``acting on \n its own behalf,''; and\n (D) by adding at the end the following:\n ``(4) Peer review.--\n ``(A) Peer review team.--\n ``(i) In general.--The Secretary shall \n establish multi-disciplinary peer review teams \n and appoint members to such teams, including \n persons who have experience with a State \n educational agency (or local educational agency \n or Indian tribe, as appropriate) and broader \n education reform experience, to review waiver \n requests under this section if--\n ``(I) the Secretary requests such \n input in order to approve a waiver \n request; or\n ``(II) the Secretary intends to \n disapprove a request.\n ``(ii) Team in place for all waiver \n requests.--The Secretary may, at the \n Secretary's discretion, have a peer review team \n review all waiver requests submitted under this \n section.\n ``(B) Applicability.--The Secretary may approve a \n waiver request under this section without conducting a \n peer review of the request, but shall use the peer \n review process under this paragraph before disapproving \n such a request.\n ``(C) Purpose of peer review.--The peer review \n process shall be designed to--\n ``(i) promote effective implementation of \n State-developed college and career ready \n academic content standards and student academic \n achievement standards, through State and local \n innovation; and\n ``(ii) provide transparent feedback to \n State educational agencies, local educational \n agencies, or Indian tribes, designed to \n strengthen the applicant's plan described under \n paragraph (1)(C).\n ``(D) Standard and nature of review.--Peer \n reviewers shall conduct a good faith review of waiver \n requests submitted to them under this section. Peer \n reviewers shall review such waiver requests--\n ``(i) in their totality;\n ``(ii) in deference to State and local \n judgment; and\n ``(iii) with the goal of promoting State- \n and local-led innovation.\n ``(5) Waiver determination, demonstration, and revision.--\n ``(A) In general.--The Secretary shall approve a \n waiver request not more than 90 days after the date on \n which such request is submitted, unless the Secretary \n determines and demonstrates that--\n ``(i) the waiver request does not meet the \n requirements of this section;\n ``(ii) the waiver is not permitted under \n subsection (c);\n ``(iii) the plan that is required under \n paragraph (1)(C), and reviewed with deference \n to State and local judgment, provides no \n reasonable basis to determine that a waiver \n will enhance student academic achievement; or\n ``(iv) the waiver request does not provide \n for adequate evaluation to ensure review and \n continuous improvement of the plan, consistent \n with paragraph (1)(D).\n ``(B) Waiver determination and revision.--If the \n Secretary determines and demonstrates that the waiver \n request does not meet the requirements of this section, \n the Secretary shall--\n ``(i) immediately--\n ``(I) notify the State educational \n agency, local educational agency, or \n Indian tribe of such determination; and\n ``(II) at the request of the State \n educational agency, local educational \n agency, or Indian tribe, provide \n detailed reasons for such determination \n in writing;\n ``(ii) offer the State educational agency, \n local educational agency, or Indian tribe an \n opportunity to revise and resubmit the waiver \n request not more than 60 days after the date of \n such determination; and\n ``(iii) if the Secretary determines that \n the resubmission does not meet the requirements \n of this section, at the request of the State \n educational agency, local educational agency, \n or Indian tribe, conduct a public hearing not \n more than 30 days after the date of such \n resubmission.\n ``(C) Waiver disapproval.--The Secretary may \n disapprove a waiver request if--\n ``(i) the State educational agency, local \n educational agency, or Indian tribe has been \n notified and offered an opportunity to revise \n and resubmit the waiver request, as described \n under clauses (i) and (ii) of subparagraph (B); \n and\n ``(ii) the State educational agency, local \n educational agency, or Indian tribe--\n ``(I) does not revise and resubmit \n the waiver request; or\n ``(II) revises and resubmits the \n waiver request, and the Secretary \n determines that such waiver request \n does not meet the requirements of this \n section after a hearing conducted under \n subparagraph (B)(iii).\n ``(D) External conditions.--The Secretary shall not \n disapprove a waiver request under this section based on \n conditions outside the scope of the waiver request.'';\n (3) in subsection (d)--\n (A) in the heading, by adding ``; Limitations'' \n after ``Duration and Extension of Waiver''; and\n (B) by adding at the end the following:\n ``(3) Specific limitations.--The Secretary shall not \n require a State educational agency, local educational agency, \n or Indian tribe, as a condition of approval of a waiver \n request, to--\n ``(A) include in, or delete from, such request, \n specific academic content standards or academic \n achievement standards;\n ``(B) use specific academic assessment instruments \n or items; or\n ``(C) include in, or delete from, such waiver \n request any criterion that specifies, defines, or \n prescribes the standards or measures that a State or \n local educational agency uses to establish, implement, \n or improve--\n ``(i) State academic content standards or \n academic achievement standards;\n ``(ii) assessments;\n ``(iii) State accountability systems;\n ``(iv) systems that measure student growth;\n ``(v) measures of other academic \n indicators; or\n ``(vi) teacher and principal evaluation \n systems.'';\n (4) in subsection (e)--\n (A) in paragraph (1)--\n (i) by striking the heading and inserting \n ``Waiver reports'';\n (ii) in the matter preceding subparagraph \n (A)--\n (I) by striking ``local educational \n agency that receives'' and inserting \n ``State educational agency, local \n educational agency, or Indian tribe \n that receives''; and\n (II) by striking ``submit a report \n to the State educational agency that'' \n and inserting ``submit a report to the \n Secretary that'';\n (B) by striking paragraphs (2) and (3);\n (C) by redesignating paragraph (4) as paragraph \n (2); and\n (D) in paragraph (2), (as redesignated by \n subparagraph (C)), by striking ``Beginning in fiscal \n year 2002 and for each subsequent year, the Secretary \n shall submit to the Committee'' and inserting ``The \n Secretary shall annually submit to the Committee''; and\n (5) in subsection (f), by inserting ``and the recipient of \n the waiver has failed to make revisions needed to carry out the \n purpose of the waiver,'' after ``has been inadequate to justify \n a continuation of the waiver''.","summary":"State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards, (2) the plan will be evaluated regularly and improved continuously. (3) they will review implementation of the college and career readiness standards, (4) they will identify, support, and intervene in underperforming schools. And (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance. Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements. Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation. Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests. Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems.","title":"A bill to amend section 9401 of the Elementary and Secondary Education Act of 1965 with regard to waivers of statutory and regulatory requirements.","text_len":16196,"sum_len":1683} {"bill_id":"108_s2932","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mark O. Hatfield-Elizabeth Furse \nScholarship and Excellence in Tribal Governance Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) Senator Mark O. Hatfield and Congresswoman Elizabeth \n Furse served the United States with distinction and honor;\n (2) Senator Hatfield and Congresswoman Furse have had a \n lasting impact on the relationship between the United States \n and Native Americans;\n (3) Senator Hatfield and Congresswoman Furse have been \n champions of the rights of Native Americans and Alaska Natives \n and worked in Congress to strengthen tribal self-governance; \n and\n (4) it is a fitting tribute to the leadership, courage, and \n bipartisan spirit that Senator Mark O. Hatfield and \n Congresswoman Elizabeth Furse exemplify to establish in their \n names programs to encourage excellence in tribal government.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Board.--The term ``Board'' means the Board of Trustees \n of the Foundation established under section 4(b).\n (2) Eligible individual.--The term ``eligible individual'' \n means a citizen or national of the United States or a permanent \n resident alien of the United States.\n (3) Foundation.--The term ``Foundation'' means the Mark O. \n Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal \n Governance Foundation established by section 4(a).\n (4) Fund.--The term ``Fund'' means the Mark O. Hatfield-\n Elizabeth Furse Scholarship and Excellence in Tribal Governance \n Fund established by section 7.\n (5) Institute.--The term ``Institute'' means the Institute \n for Tribal Government at Portland State University.\n (6) Institution of higher education.--The term \n ``institution of higher education'' has the meaning given the \n term in section 101(a) of the Higher Education Act of 1965 (20 \n U.S.C. 1001(a)).\n (7) State.--The term ``State'' means--\n (A) a State;\n (B) the District of Columbia;\n (C) American Samoa;\n (D) the Commonwealth of the Northern Mariana \n Islands;\n (E) Guam;\n (F) the Republic of the Marshall Islands;\n (G) the Federal States of Micronesia;\n (H) the Republic of Palau;\n (I) the Commonwealth of Puerto Rico; and\n (J) the United States Virgin Islands.\n\nSEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE \n SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE \n FOUNDATION.\n\n (a) Establishment.--There is established as an independent entity \nin the Executive branch the Mark O. Hatfield-Elizabeth Furse \nScholarship and Excellence in Tribal Governance Foundation.\n (b) Board of Trustees.--\n (1) In general.--The Foundation shall be subject to the \n supervision and direction of a Board of Trustees.\n (2) Membership.--The Board shall be comprised of 12 \n trustees, of whom--\n (A) 2 trustees shall be individuals appointed by \n the President, by and with the advice and consent of \n the Senate, after considering recommendations of the \n Speaker of the House of Representatives, in \n consultation with the minority leader of the House of \n Representatives;\n (B) 2 trustees shall be individuals appointed by \n the President, by and with the advice and consent of \n the Senate, after considering recommendations of the \n President pro tempore of the Senate, in consultation \n with the majority and minority leaders of the Senate;\n (C) 5 trustees, not more than 3 trustees of whom \n shall be of the same political party, shall be \n individuals appointed by the President, by and with the \n advice and consent of the Senate, who have demonstrated \n leadership and interest in strengthening tribal self-\n governance, such as tribal leaders involved in health \n and public policy development affecting Native American \n and Alaska Native communities;\n (D) 1 trustee shall be the Secretary of the \n Interior;\n (E) 1 trustee shall be the Secretary of Education; \n and\n (F) 1 trustee shall be the president of Portland \n State University, who shall serve as a nonvoting member \n and shall not be eligible to serve as Chairperson.\n (c) Term.--\n (1) In general.--The term of a member of the Board shall be \n 6 years, except that--\n (A) in the case of the trustees first taking \n office--\n (i) as designated by the President, 1 \n trustee appointed under subsection (b)(2)(B) \n and 2 trustees appointed under subsection \n (b)(2)(C) shall serve 2 years;\n (ii) as designated by the President, 1 \n trustee appointed under subsection (b)(2)(A) \n and 2 trustees appointed under subsection \n (b)(2)(C) shall serve 4 years; and\n (iii) as designated by the President, 1 \n trustee appointed under subsection (b)(2)(A), 1 \n trustee appointed under subsection (b)(2)(B), \n and 1 trustee appointed under subsection \n (b)(2)(C) shall serve 6 years; and\n (B) a trustee appointed to fill a vacancy shall--\n (i) serve for the remainder of the term for \n which the predecessor of the trustee was \n appointed; and\n (ii) be appointed in the same manner as the \n original appointment for that vacancy was made.\n (d) Travel and Subsistence Pay.--A trustee shall serve without pay, \nbut shall be entitled to reimbursement for travel, subsistence, and \nother necessary expenses incurred in the performance of the duties of a \nmember of the Board.\n (e) Location of Foundation.--The Foundation shall be located in \nPortland, Oregon.\n (f) Executive Director.--\n (1) In general.--There shall be an Executive Director of \n the Foundation, who shall be appointed by the Board.\n (2) Duties.--The Executive Director--\n (A) shall be the chief executive officer of the \n Foundation; and\n (B) shall carry out the functions of the \n Foundation, subject to the supervision and direction of \n the Board, and such other functions consistent with \n this Act as the Board shall prescribe.\n (3) Compensation.--The Executive Director shall be \n compensated at the rate specified for an employee in level IV \n of the Executive Schedule under section 5315 of title 5, United \n States Code.\n\nSEC. 5. PURPOSES.\n\n The purposes of the Foundation shall be--\n (1) to develop resources to properly train Native American \n and Alaska Native tribal council members in self-government and \n related fields;\n (2) to foster among people in the United States greater \n recognition and understanding of the role of tribal self-\n government in the development of the United States;\n (3) to identify critical issues facing tribal governments;\n (4) to establish a program for tribal governance research \n at the Institute; and\n (5) to provide educational outreach regarding tribal self-\n government.\n\nSEC. 6. AUTHORITY OF THE FOUNDATION.\n\n (a) In General.--The Foundation, in consultation with the \nInstitute, may identify and conduct such programs, activities, and \nservices as the Foundation considers appropriate to carry out the \npurposes of the Foundation.\n (b) Programs, Activities, and Services.--The Foundation may, in \naccordance with this section--\n (1) award scholarships, fellowships, internships, and \n grants; and\n (2) provide grants to the Institute to carry out and manage \n other programs, activities, and services.\n (c) National Competition.--The Foundation may provide, directly or \nby contract, for the conduct of national competition for the purpose of \nselecting recipients of scholarships, fellowships, internships, and \ngrants awarded under this Act.\n (d) Award of Scholarships, Fellowships, Internships, and Grants.--\n (1) In general.--The Foundation may award scholarships, \n fellowships, internships, and grants to eligible individuals \n who meet the minimum criteria established by the Foundation, \n for study in fields relating to tribal governance.\n (2) Elizabeth furse scholars.--Recipients of scholarships, \n fellowships, internships, and grants under this Act shall be \n known as ``Elizabeth Furse Scholars''.\n (e) Scholarships.--\n (1) In general.--The Foundation may award scholarships to \n outstanding--\n (A) undergraduate students who intend to pursue \n careers relating to tribal governance; and\n (B) Native American and Alaska Native undergraduate \n students who intend to pursue careers in tribal public \n policy.\n (2) Payments.--An eligible individual awarded a scholarship \n under this Act may receive payments under this Act only during \n such periods as the Foundation determines that the eligible \n individual--\n (A) is maintaining satisfactory proficiency and \n devoting full time to study or research; and\n (B) is not engaging in gainful employment other \n than employment approved by the Foundation under \n regulations of the Board.\n (3) Reports.--\n (A) In general.--The Foundation may require reports \n containing such information, in such form, and to be \n filed at such times as the Foundation determines to be \n necessary from any eligible individual awarded a \n scholarship under this Act.\n (B) Certificate.--Except as otherwise provided \n under this subsection, a report under subparagraph (A) \n shall be accompanied by a certificate from an \n appropriate official at the institution of higher \n education, approved by the Foundation, stating that the \n individual is making satisfactory progress in, and is \n devoting essentially full time to, study or research.\n (f) Fellowships.--The Foundation may award fellowships to--\n (1) outstanding graduate students who intend to pursue \n advanced degrees in fields relating to tribal governance;\n (2) outstanding Native American and Alaska Native graduate \n students who intend to pursue advanced degrees in tribal public \n policy, law, or medicine; and\n (3) faculty from a variety of disciplines to bring the \n expertise of the faculty to the Foundation.\n (g) Internships.--The Foundation may award internships to deserving \nand qualified--\n (1) individuals, for use in participating in internships in \n Federal, State, and local agencies or in offices of major \n tribal governance organizations; and\n (2) Native American and Alaska Native individuals, for use \n in participating in internships in Federal, State, and local \n agencies or in offices of major public health or public policy \n organizations.\n (h) Grants.--The Foundation shall award grants to the Institute--\n (1) to provide for an annual panel of experts to discuss \n contemporary tribal governance issues;\n (2) to conduct tribal governance policy research;\n (3) to conduct research on Native American and Alaska \n Native tribal public policy issues; and\n (4) to invite visiting policymakers to share practical \n experiences with the Foundation.\n (i) Coordination.--The Foundation shall assist in the development \nand implementation of a program for tribal governance research to be \nlocated at the Institute.\n (j) Program Priorities.--\n (1) In general.--Subject to paragraph (2), the Foundation \n shall determine--\n (A) the priority of the programs to be carried out \n under this Act; and\n (B) the amount of funds to be allocated for the \n programs.\n (2) Requirements.--Of amounts made available to carry out \n this section--\n (A) not less than 50 percent shall be used for the \n programs described in subsections (e), (f), and (g);\n (B) not less than 20 percent shall be made \n available to the Institute to carry out subsections (h) \n and (i), on the conditions that--\n (i) a 25-percent matching share is provided \n from other non-Federal sources; and\n (ii) adequate space at the Institute is \n made available by the Institute for the \n Executive Director and other appropriate staff \n of the Foundation; and\n (C) not more than 15 percent shall be used for \n salaries and other administrative purposes.\n\nSEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP \n AND EXCELLENCE IN TRIBAL GOVERNANCE TRUST FUND.\n\n (a) Establishment of Fund.--There is established in the Treasury of \nthe United States a trust fund to be known as the ``Mark O. Hatfield-\nElizabeth Furse Scholarship and Excellence in Tribal Governance Trust \nFund'', to be administered by the Foundation, consisting of amounts \nappropriated to the fund under section 10.\n (b) Investment of Fund Assets.--\n (1) In general.--The Secretary of the Treasury shall invest \n in full, at the direction of the Board, the amounts \n appropriated to the Fund.\n (2) Eligible investments.--The investments shall be in \n public debt securities with maturities suitable for the needs \n of the Fund.\n (3) Interest.--Investments in public debt securities shall \n bear interest at rates determined by the Secretary of the \n Treasury, taking into consideration the current average market \n yield on outstanding marketable obligations of the United \n States of comparable maturity.\n\nSEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.\n\n (a) In General.--The Foundation shall pay from the interest and \nearnings of the Fund such amounts as the Board determines are \nappropriate to enable the Foundation to carry out this Act.\n (b) Audit by Government Accountability Office.--\n (1) In general.--The activities of the Foundation and the \n Institute under this Act may be audited by the Government \n Accountability Office under such regulations as may be \n promulgated by the Comptroller General of the United States.\n (2) Access.--Representatives of the Government \n Accountability Office shall have access to all books, accounts, \n records, reports filed and all other papers, things, or \n property belonging to or in use by the Foundation and the \n Institute that pertain to federally-assisted activities and are \n necessary to facilitate the audit.\n\nSEC. 9. ADMINISTRATIVE PROVISIONS.\n\n To carry out this Act, the Foundation may--\n (1) appoint, and fix the compensation of, such personnel as \n are necessary to carry out this Act, except that in no case \n shall an employee other than the Executive Director be \n compensated at a rate that exceeds the maximum rate for \n employees in grade GS-15 of the General Schedule under section \n 5332 of title 5, United States Code;\n (2) procure or fund the Institute to procure temporary and \n intermittent services of such experts and consultants as are \n necessary to the extent authorized by section 3109 of title 5, \n United States Code, but at rates not to exceed the rate \n specified at the time of such service for level IV of the \n Executive Schedule under section 5315 of title 5, United States \n Code;\n (3) promulgate such regulations as the Foundation considers \n to be necessary governing the manner in which the functions of \n the Foundation shall be carried out;\n (4) accept, hold, administer, and use gifts, both real and \n personal, for the purpose of aiding or facilitating the work of \n the Foundation;\n (5) accept and use the services of voluntary and \n noncompensated personnel and reimburse such personnel for \n travel expenses, including per diem expenses, as authorized by \n section 5703 of title 5, United States Code;\n (6) enter into contracts, grants, or other arrangements or \n modifications of contracts, grants, or arrangements to carry \n out this Act, which contracts, grants, arrangements, and \n modifications may, with the concurrence of at least \\2\/3\\ of \n the members of the Board, be entered into without performance \n bond or other bond, and without regard to section 3709 of the \n Revised Statutes (41 U.S.C. 5); and\n (7) make other necessary expenditures.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Fund $50,000,000.","summary":"Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields. (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States, (3) identify critical issues facing tribal governments in the Nation. (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University. And (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation for study in fields relating to tribal governance. Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy. Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine. And (2) faculty from a variety of disciplines to bring their expertise to the Foundation. Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations. And (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues. (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues. And (4) invite visiting policymakers to share practical experiences with the Foundation. Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation.","title":"A bill to establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation, and for other purposes.","text_len":18518,"sum_len":2537} {"bill_id":"103_s353","text":"SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET \n OPERATING LOSSES.\n\n (a) Subsection (c) of section 5021 of the Technical and \nMiscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to \nread as follows:\n ``(c) Special Administrative Rules.--\n ``(1) Income included in native corporation return.--At the \n joint election of a Native Corporation and a corporation \n (referred to in this subsection (c) as the `buyer corporation') \n with which the Native Corporation entered into a transaction \n permitted under section 60(b)(5) of the Tax Reform Act of 1984 \n and section 1804(e)(4) of the Tax Reform Act of 1986 (referred \n to in this subsection (c) as a `Native Corporation \n transaction'), income assigned, transferred or otherwise made \n available by the buyer corporation through the use of a \n corporation (referred to in this subsection (c) as the `profit \n subsidiary') by reason of such transaction for a period in \n which the profit subsidiary qualified as a member of the \n affiliated group of which the Native Corporation was the common \n parent shall be included in the taxable income of the Native \n Corporation affiliated group solely for purposes of section \n 6212 of the Internal Revenue Code--\n ``(A) Election.--The election under this subsection \n (c) for the taxable year to which the election relates \n shall be made no later than 120 days after the date of \n enactment of this amendment. The election shall be \n irrevocable and shall be made by filing with the \n district director for the Anchorage district office of \n the Internal Revenue Service a written statement signed \n by responsible officers of the Native Corporation and \n the electing buyer corporation that--\n ``(i) identifies the Native Corporation, \n the profit subsidiary, and the buyer \n corporation (and their taxpayer identification \n numbers) and states their agreement to make the \n election provided in this subsection (c);\n ``(ii) states the amount of income \n assigned, transferred or otherwise made \n available to the profit subsidiary for the \n taxable year by reason of the Native \n Corporation transaction;\n ``(iii) if profit subsidiaries related to a \n buyer corporation other than the electing buyer \n corporation were members of the affiliated \n group of which the Native Corporation was the \n common parent, describes the order and the \n amount of the losses and credits of the Native \n Corporation affiliated group that were used to \n offset the income of each profit subsidiary;\n ``(iv) states the agreement of the buyer \n corporation to consent under section 6501(c)(4) \n of the Internal Revenue Code to extend the \n periods of limitations for assessment and \n collection solely with respect to the income of \n the profit subsidiary for the affected taxable \n period(s) to a date not less than 180 days \n after the date the tax liability for the \n taxable year in which the Native Corporation \n transaction occurred is finally determined;\n ``(v) states the agreement of the Native \n Corporation to consent under section 6501(c)(4) \n of the Internal Revenue Code to extend the \n periods of limitations for assessment and \n collection solely with respect to the income of \n the profit subsidiary for the affected taxable \n period(s) to a date not less than 120 days \n after the date on which the Native Corporation \n makes the election under this subsection; and\n ``(vi) the Native Corporation and the buyer \n corporation agree that the Service is \n authorized to make any refund of any \n overpayment that is determined to be due, \n jointly to the Native Corporation and the \n electing buyer corporation.\n If a Native Corporation has engaged in multiple Native \n Corporation transactions, such election shall be \n independently made by each buyer corporation on \n separate written statements. A buyer corporation that \n elects under this provision must so elect for all \n Native Corporation transactions with the particular \n Native Corporation with whom the election is made for \n which the statue of limitations for assessment is open.\n ``(B) Taxable rate.--Notwithstanding section 11 of \n the Internal Revenue Code, any income of the profit \n subsidiary that is subject to the election provided in \n this subsection (c) shall be taxed at the rate that \n such income would have been taxed if it had been \n included in the return of the buyer corporation for the \n taxable year from which such income was assigned, \n transferred or otherwise made available. Solely for \n purposes of issuing a notice under section 6212 of the \n Internal Revenue Code to a Native Corporation for a \n Native Corporation transaction for which an election \n has been made under this subsection (c), the tax may be \n computed by applying the maximum corporate rate under \n section 11 of the Internal Revenue Code.\n ``(2) Treatment of native corporation as common parent as \n sole agent.--The common parent of an affiliated group which \n includes a Native Corporation that elects under subsection \n (c)(1) shall be the sole agent for the profit subsidiary for \n purposes of the Native Corporation transaction for the period \n of affiliation.\n ``(3) Collection of tax from buyer corporation.--For \n purposes of this subsection, the amount of any tax, interest, \n addition to tax, penalty or other amount attributable to the \n income of the profit subsidiary shall be paid by and be \n collectible from the profit subsidiary and the buyer \n corporation for the taxable year for which income was assigned, \n transferred or otherwise made available by the buyer \n corporation in connection with the Native Corporation \n transaction.\n ``(4) Payment of tax by native corporation.--If, after the \n election provided in subsection (c)(1) is made, the Native \n Corporation pays all or any part of the tax, interest, addition \n to tax, penalty or other amount attributable to the income of \n the profit subsidiary, such payment shall be deemed to be a \n payment by the buyer corporation for the taxable year for which \n such income would otherwise have been included in the buyer \n corporation's return if the election provided in subsection \n (c)(1) was not made--\n ``(A) Filing of refund claim.--A Native Corporation \n that elects under subsection (c)(1) shall be treated as \n the taxpayer for purposes of sections 6402 and 6511 of \n the Internal Revenue Code with respect to all payments \n of tax, interest, additions to tax, penalties, or other \n amounts attributable to the income of the profit \n subsidiary and shall be entitled to file a claim for \n refund as the taxpayer with respect to any taxes, \n interest, additions to tax, penalties or other amounts \n attributable to the income of the profit subsidiary.\n ``(B) Filing of refund suit.--A Native Corporation \n that elects under subsection (c)(1) shall be treated as \n the taxpayer for purposes of section 7422 of the \n Internal Revenue Code with respect to all payments of \n tax, interest, additions to tax, penalties, or other \n amounts attributable to the income of the profit \n subsidiary, and as the plaintiff for purposes of \n section 1402 of title 28, United States Code, and shall \n be entitled to file and maintain a proceeding in court \n as the taxpayer for the recovery of such amounts.\n ``(C) Refund of overpayment.--In the event that an \n overpayment is determined to be due, whether by final \n administrative or judicial decision, with respect to a \n Native Corporation transaction (c)(1), the Native \n Corporation shall be treated as the person who made the \n overpayment within the meaning of section 6402(a) of \n the Internal Revenue Code. Notwithstanding any law or \n rule of law, including the preceding sentence, any \n refund of such overpayment may be made jointly to the \n Native Corporation and to the electing buyer \n corporation, as agreed to under paragraph (A)(v) of \n subsection (c)(1).\n ``(5) Participatory rights of electing buyer corporation.--\n Any buyer corporation that makes an election under subsection \n (c)(1) shall have the right to--\n ``(A) submit a written statement and participate \n with the Native Corporation in any administrative \n proceeding relating to any proposed adjustment \n regarding a Native Corporation transaction for which an \n election has been made; and\n ``(B) file an amicus brief in any proceeding in a \n Federal court or the United States Tax Court that has \n been filed by the Native Corporation involving a \n proposed adjustment regarding such a Native Corporation \n transaction.\n All written notices or other reports issued by the Secretary or \n his delegate with respect to such a Native Corporation \n transaction shall be issued to the Native Corporation, and it \n shall be the obligation of the Native Corporation to provide \n copies thereof to the electing buyer corporation. Rules similar \n to the rules of subparagraphs (B) and (C) of paragraph (7) \n shall apply for purposes of this paragraph.\n ``(6) Final determination of issues.--\n ``(A) All issues with respect to the Native \n Corporation transaction with respect to which an \n election is made under subsection (c)(1), including the \n applicability of any interest, addition to tax, penalty \n or other amount, shall be determined by administrative \n or judicial decision with respect to the consolidated \n return of the Native Corporation affiliated group.\n ``(B) Upon such determination, any income of the \n profit subsidiary that is not offset in the Native \n Corporation transaction shall be reported on the buyer \n corporation's return as if it were originally reported \n thereon and subject to all adjustments, including net \n operating loss or other carrybacks, to which such \n income would otherwise be subject.\n ``(7) No effect on nonelecting corporations.--The absence \n of an election by a Native Corporation and a buyer corporation \n with respect to a Native Corporation transaction shall not \n restrict the authority of the Secretary of the Treasury or his \n delegate to settle or litigate with any nonelecting buyer \n corporation with respect to any issue relating to such a \n transaction--\n ``(A) Rights of native corporation.--For any such \n Native Corporation transaction for which no election is \n made under subsection (c)(1), the Native Corporation \n shall have the right to submit a written statement and \n participate with the buyer corporation in any \n administrative proceeding relating to any proposed \n adjustment regarding such Native Corporation \n transaction; and to file an amicus brief in any \n proceeding in a Federal court or the United States Tax \n Court that has been filed by the non-electing buyer \n corporation involving a proposed adjustment regarding \n such Native Corporation transaction.\n ``(B) Extension of statute of limitations.--\n Subparagraph (A) shall not apply if the Secretary of \n the Treasury or his delegate determines that an \n extension of the statute of limitations is necessary to \n permit the participation described in subparagraph (A) \n and the taxpayer and the Secretary or his delegate have \n not agreed to such extension.\n ``(C) Failures.--For purposes of the 1986 Code, any \n failure by the Secretary of the Treasury or his \n delegate to comply with the provisions of this \n subsection shall not affect the validity of the \n determination of the Internal Revenue Service of any \n adjustment of tax liability of any non-electing buyer \n corporation.\n ``(8) Effective date.--This provision shall be effective \n for all taxable years for which the statute of limitations for \n assessment with respect to an electing Native Corporation has \n not expired prior to the date of enactment of this Act--\n ``(A) Extension of statute of limitations.--Any \n Native Corporation for which the statue of limitations \n for assessment will expire within 120 days after the \n date of enactment of this section shall have the right \n upon request to extend such statute of limitations \n pursuant to section 6501(c)(4) of the Internal Revenue \n Code to a date not less than 120 days after the date of \n enactment of this section.\n ``(B) Period for assessments.--If the statute of \n limitations for assessments with respect to an electing \n Native Corporation has not expired prior to the date of \n the enactment of this Act, such period shall not expire \n before the date 120 days after the date on which the \n Native Corporation makes the election under this \n subsection.''.\n (b) Section 5021 of the Technical and Miscellaneous Revenue Act of \n1988 (Public Law 100-647) is amended by adding, after subsection (e), \nnew subsection (f) to read as follows:\n ``(f) Increase in Underpayment Rate.--For purposes of determining \nthe amount of interest payable under section 6601 of the Internal \nRevenue Code on a tax underpayment attributable to a Native Corporation \ntransaction for which an election has been made under subsection (c) \nhereof, the underpayment rate otherwise applicable under section \n6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be \nincreased by 0.5 percentage points.''.","summary":"Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.","title":"A bill to provide Alaska Native Corporations, through an election process, standing to contest the disallowance of certain tax losses by the Internal Revenue Service if the purchasers of the losses agree; and to offset any associated revenue losses by increasing the interest rate on certain related tax deficiencies.","text_len":16516,"sum_len":348} {"bill_id":"106_s1621","text":"SECTION 1. SHORT TITLE\n\n This Act may be cited as the ``Lake Pontchartrain Basin Restoration \nAct of 1999''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the Lake Pontchartrain Basin forms one of the largest \n natural estuaries in the continental United States;\n (2) the Basin drains an area of almost 5,000 square miles \n from 16 Louisiana parishes and 4 Mississippi counties;\n (3) the ecology of the Basin provides the diverse essential \n habitat that supports countless species of fish, birds, \n mammals, and plants;\n (4) the extensive wetland of the Basin provides the primary \n nursery for much of the seafood harvested in the Gulf Coast;\n (5) conditions resulting from urbanization, increasing \n population growth and development, sewage and septic tank \n discharges, animal waste, herbicides, pesticides, fertilizers, \n stormwater runoff, sediments from construction, and sewage from \n fishing camps and residences should be addressed to improve the \n environment and ecology of the Basin;\n (6) a major source of pollution in the Basin is raw or \n partially treated human waste from--\n (A) communities with poor sewer systems or without \n sewer systems; and\n (B) septic tank systems that are not operating \n properly;\n (8) stormwater discharges that combine with effluent from \n sanitary discharges from broken lines are channeled directly \n into Lake Pontchartrain or adjacent bodies of water;\n (7) a number of local government agencies are working on \n restoration efforts that have a direct impact on water quality \n in the Basin, including the Department of Environmental Quality \n of Louisiana, the New Orleans Sewerage and Water Board, \n Jefferson Parish, and other governmental agencies;\n (8) a number of non-regulating organizations, such as the \n Lake Pontchartrain Basin Foundation and the University of New \n Orleans, are playing substantial, essential roles in \n restoration efforts;\n (9) the Lake Pontchartrain Basin Foundation, the University \n of New Orleans, and the Regional Planning Commission for \n Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany \n Parishes, Louisiana, have entered into a memorandum of \n understanding to better facilitate the restoration and \n preservation of water quality and habitats throughout the \n Basin; and\n (10) the programs and activities of the various Federal \n agencies involved with administration of laws, programs, and \n assets that affect the water quality of the Basin, including \n the Environmental Protection Agency, the Army Corps of \n Engineers, the Department of Agriculture, the Department of the \n Interior, and other agencies, lack coordination and sufficient \n resources to measure and remediate water quality problems in \n the Basin.\n (b) Purposes.--The purposes of this Act are--\n (1) to coordinate the restoration efforts of Federal, \n State, and local agencies and organizations in the restoration \n of the Basin;\n (2) to establish the Lake Pontchartrain Basin Restoration \n Program in the office of the Environmental Protection Agency; \n and\n (3) to authorize and provide resources for restoration \n projects in the Basin.\n\nSEC. 3. LAKE PONTCHARTRAIN BASIN.\n\n Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 \net seq.) is amended by adding at the end the following:\n\n``SEC. 121. LAKE PONTCHARTRAIN BASIN.\n\n ``(a) Definitions.--In this section:\n ``(1) Basin.--The term `Basin' means the Lake Pontchartrain \n Basin located in the State of Louisiana.\n ``(2) Council.--The term `Council' means the Lake \n Pontchartrain Executive Council established under subsection \n (b)(3)(A).\n ``(3) Management plan--The term `management plan' means the \n watershed management plan developed under subsection (b)(3)(B).\n ``(4) Program.--The term `program' means the Lake \n Pontchartrain Basin Restoration Program established under \n subsection (b)(1).\n ``(b) Lake Pontchartrain Basin Restoration Program.--\n ``(1) Establishment.--Not later than 180 days after the \n date of enactment of this section, the Administrator shall \n establish within the Environmental Protection Agency the Lake \n Pontchartrain Basin Restoration Program.\n ``(2) Purposes.--The purposes of the program shall be--\n ``(A) to coordinate efforts among and provide \n resources to the various Federal, State, and local \n governmental agencies and nonregulatory organizations \n to reduce pollution in the Basin; and\n ``(B) to restore the Basin to ecological health.\n ``(3) Administration.--\n ``(A) Lake pontchartrain executive council.--Not \n later than 180 days after the date of enactment of this \n section, the Administrator shall establish the Lake \n Pontchartrain Executive Council, to be composed of--\n ``(i) the Administrator;\n ``(ii) the Governor of the State of \n Louisiana;\n ``(iii) the Chairman of the Regional \n Planning Commission;\n ``(iv) the Chancellor of the University of \n New Orleans; and\n ``(v) the Executive Director of the Lake \n Pontchartrain Basin Foundation.\n ``(B) Management plan.--\n ``(i) In general.--Not later than 180 days \n after the date of enactment of this section, \n the Administrator, in cooperation with \n appropriate Federal, State, and local \n authorities, shall assist the Council in \n developing a comprehensive, multiuse, watershed \n management plan for the restoration and \n protection of the Basin.\n ``(ii) Assistance.--Assistance provided by \n the Administrator under subparagraph (A) shall \n include grants for and technical assistance \n in--\n ``(I) developing an annual work \n plan endorsed by the Council;\n ``(II) supporting Basin-wide \n environmental monitoring and research \n to provide technical and scientific \n information necessary to support \n management decisions;\n ``(III) developing a comprehensive \n research plan to address the technical \n needs of the program; and\n ``(IV) recommending restoration \n projects for implementation by the \n State of Louisiana, parishes, and \n nongovernmental entities.\n ``(c) Restoration Projects.--In accordance with the management \nplan, the Administrator shall provide funding and oversight to carry \nout voluntary restoration projects for the Basin that--\n ``(1) address human waste problems in the Basin by \n providing a cost-sharing construction and education program \n that offers incentives to parishes and local communities to \n improve sewage treatment facilities and procedures (including \n the continuation of funding for the inflow and infiltration \n projects of Orleans and Jefferson Parishes, Louisiana);\n ``(2) provide critical assistance to agricultural operators \n designed to address and curb agricultural runoff into the \n Basin;\n ``(3) provide for the rerouting of discharges from selected \n pumping stations through adjacent wetland, using existing \n canals and small water control structures, in order to use \n natural wetland to filter pollutants from urban stormwater;\n ``(4) improve Basin water quality--\n ``(A) by eliminating discharges of raw or partially \n treated sewage from fishing camps and residences;\n ``(B) where there are approved municipal or \n community sewage systems, by providing tie-ins from \n those systems for fishing camps and residences; and\n ``(C) by establishing new sanitation and sewage \n systems where needed;\n ``(5) reverse the trend of decreasing acreage of coastal \n wetland in the Basin by creating new sustainable wetland \n habitat; and\n ``(6) retain the integrity of natural structural elements \n in the coastal landscape, such as ridges and barrier islands, \n in order to reduce storm surge impacts to essential habitats \n and human infrastructure.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary, to remain available until \nexpended--\n ``(1) to continue to provide priority funding for the New \n Orleans Inflow and Infiltration Project sponsored by the New \n Orleans Sewerage and Water Board and Jefferson Parish, \n Louisiana; and\n ``(2) to carry out subsections (b) and (c).''.","summary":"Lake Pontchartrain Basin Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish the Lake Pontchartrain Basin Restoration Program within EPA. Directs the Administrator to: (1) establish the Lake Pontchartrain Executive Council. (2) assist the Council in developing a comprehensive, multi-use watershed management plan for the restoration and protection of the Basin. And (3) provide funding and oversight for voluntary restoration projects for the Basin. Authorizes appropriations to: (1) continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana, and (2) carry out this Act.","title":"Lake Pontchartrain Basin Restoration Act of 1999","text_len":10092,"sum_len":796} {"bill_id":"104_s1141","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Technology Administration \nAuthorization Act of 1995''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Under Secretary for Technology.--(1) There are authorized to be \nappropriated to the Secretary of Commerce for the activities of the \nUnder Secretary for Technology\/Office of Technology Policy $5,000,000 \nfor fiscal year 1996.\n (2) With the Fiscal Year 1997 budget submission for the Department \nof Commerce, the Secretary of Commerce shall submit to Congress a \nstrategic plan for phasing out the Office of Technology Policy during \nfiscal year 1996 by eliminating nonessential functions and transferring \nany essential functions to the National Institute of Standards and \nTechnology.\n (b) National Institute of Standards and Technology.--For each of \nfiscal years 1996, 1997, and 1998, there are authorized to be \nappropriated to the Secretary of Commerce for the following activities \nof the National Institute of Standards and Technology:\n (1) For Scientific and Technical Research and Services, \n $263,000,000.\n (2) For Industrial Technology Services, $427,000,000, but \n no appropriations are authorized for Advanced Technology \n Program grants awarded after October 1, 1995.\n (3) For Construction of Research Facilities, $60,000,000.\n\nSEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.\n\n The National Institute of Standards and Technology Act (15 U.S.C. \n271 et seq.) is amended by redesignating section 31 as section 32 and \nby inserting after section 30 the following:\n\n ``COMPETITIVE TECHNOLOGY PROGRAM\n\n ``Sec. 31. (a) Findings.--Congress finds that--\n ``(1) it is in the National interest for the federal \n government to take appropriate steps in order to strengthen the \n competitiveness of research institutions and industry in our \n rural and less populous states that historically have not been \n included as full partners in the federal research and \n development enterprise;\n ``(2) the research institutions in our rural and less \n populous states represent a valuable and productive research \n and technological base that has generated important \n breakthrough advances in science and technology and helped \n boost the Nation's economy;\n ``(3) as part of its mission to help increase U.S. \n competitiveness, the National Institute of Standards and \n Technology (NIST) of the Department of Commerce, has an \n important role in strengthening and broadening the research and \n technology base in our rural and less populous states;\n ``(4) the Experimental Program to Stimulate Competitive \n Research (EPSCOR) at the National Science Foundation and \n similar programs at the National Aeronautics and Space \n Administration and other federal science agencies have been \n extremely successful in strengthening the research base of our \n rural and less populous states by funding, on a competitive, \n peer-reviewed basis, research grant proposals from those \n states; and\n ``(5) the establishment at NIST of a program based on the \n EPSCOR concept would both build on the progress of the other \n federal agencies' EPSCOR activities and further broaden the \n Nation's scientific and technology base to embrace the quality \n research institutions in rural and less populous states.\n ``(b) Policy.--It is the policy of the United States that--\n ``(1) NIST should conduct appropriate programs and \n activities to strengthen and broaden the Nation's scientific \n and technology capabilities and infrastructure;\n ``(2) NIST should develop programs and activities to \n support research efforts in our rural and less populous states \n to enhance U.S. industrial competitiveness; and\n ``(3) such programs and activities should be coordinated \n and made consistent with the Experimental Program to Stimulate \n Competitive Research at the National Science Foundation and \n similar programs at other federal science agencies.\n ``(c) Requirements.--\n ``(1) Competition.--Through the National Institute of \n Standards and Technology, the Secretary of Commerce shall \n establish an Experimental Program to Stimulate Competitive \n Technology (EPSCOT). EPSCOT shall provide grants on a \n competitive and peer-reviewed basis to qualified institutions \n in eligible States. Such grants shall be awarded for any \n purpose consistent with and in furtherance of the mission of \n the Institute including, but not limited to, research, \n technology transfer, outreach activities, economic development, \n and education. In evaluating a grant application under EPSCOT, \n the Secretary of Commerce shall consider--\n ``(A) the application's merit and relevance to \n mission of the Institute;\n ``(B) the potential for the grant to serve as a \n catalyst to enhance the ability of researchers in the \n State to become more competitive for regular civilian \n research funding;\n ``(C) the potential for the grant to improve the \n environment for science, mathematics, and engineering \n education in the State; and\n ``(D) the need to assure the maximum distribution \n of grants among eligible States, consistent with merit.\n ``(2) Supplemental grants.--The Secretary of Commerce shall \n endeavor, where appropriate, to supplement grants made under \n subsection (a) with such grants for fellowships, traineeships, \n equipment, or instrumentation as practicable.\n ``(3)Definitions.--For the purposes of this section--\n ``(A) the term `qualified institutions' means small \n and medium-sized companies, colleges, universities, \n not-for-profit institutions, local and state \n governments, individuals with a record of achievement \n in science and technology, and any other persons or \n entities deemed qualified by the Secretary of Commerce, \n but not large companies and\n ``(B) the term `eligible states' means a State \n designated as eligible to compete in the National \n Science Foundation's Experimental Program to Stimulate \n Competitive Research.\n ``(e) Authorization of Appropriations.--To implement EPSCOT and any \nrelated activities, the Secretary of Commerce shall ensure that up to \n$10,000,000 from the appropriations authorized for the Industrial \nTechnology Services account at the National Institute of Standards and \nTechnology are used for purposes of establishing and developing an \nExperimental Program to Stimulate Competitive Technology Research at \nthe agency.''.\n\nSEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL.\n\n Section 507 of the American Technology Preeminence Act of 1991 (15 \nU.S.C. 3717) is hereby repealed.\n\nSEC. 5. FASTENER QUALITY ACT AMENDMENTS.\n\n (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act \n(15 U.S.C. 5401) is amended--\n (1) by striking subsection (a)(4), and redesignating \n paragraphs (5) through (9) as paragraphs (4) through (8), \n respectively;\n (2) by striking ``by lot number'' in subsection (a)(7), as \n so redesignated by paragraph (1) of this subsection; and\n (3) by striking ``used in critical applications'' in \n subsection (b) and inserting ``in commerce''.\n (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act \n(15 U.S.C. 5402) is amended--\n (1) by striking ``having a minimum tensile strength of \n 150,000 pounds per square inch'' in paragraph (1)(B) and \n inserting ``having a minimum Rockwell C hardness of 40 or \n above'';\n (2) in paragraph (2)--\n (A) by inserting ``International Organization for \n Standardization,'' after ``Society of Automotive \n Engineers,''; and\n (B) by inserting ``consensus'' after ``or any \n other'';\n (3) in paragraph (5)--\n (A) by inserting ``or'' after ``standard or \n specification,'' in subparagraph (B);\n (B) by striking ``or'' at the end of subparagraph \n (C);\n (C) by striking subparagraph (D); and\n (D) by inserting ``or produced in accordance with \n ASTM F 432'' after ``307 Grade A'';\n (4) by striking ``other person'' in paragraph (6) and \n inserting ``government agency'';\n (5) by striking ``Standard'' in paragraph (8) and inserting \n ``Standards'';\n (6) by striking paragraph (11) and redesignating paragraphs \n (12) through (15) as paragraphs (11) through (14), \n respectively;\n (7) by striking ``, a government agency'' and all that \n follows through ``markings of any fastener'' in paragraph (13), \n as so redesignated, and inserting ``or a government agency''; \n and\n (8) by inserting ``for the purpose of achieving a uniform \n hardness'' in paragraph (14), as so redesignated, after \n ``quenching and tempering''.\n (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 \nU.S.C. 5404) is repealed.\n (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act \n(15 U.S.C. 5404) is amended--\n (1) by striking ``subsections (b) and (c)'' in subsection \n (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), \n and (d)'';\n (2) by striking ``or, where applicable'' and all that \n follows through ``section 7(c)(1)'' in subsection (c)(2);\n (3) by striking ``, such as the chemical, dimensional, \n physical, mechanical, and any other'' in subsection (c)(3);\n (4) by inserting ``except as provided in subsection (d),'' \n in subsection (c)(4) before ``state whether''; and\n (5) by adding at the end the following new subsection:\n ``(d) Alternative Procedure for Chemical Characteristics.--\nNotwithstanding the requirements of subsections (b) and (c), a \nmanufacturer shall be deemed to have demonstrated, for purposes of \nsubsection (a)(1), that the chemical characteristics of a lot conform \nto the standards and specifications to which the manufacturer \nrepresents such lot has been manufactured if the following requirements \nare met:\n ``(1) The coil or heat number of metal from which such lot \n was fabricated has been inspected and tested with respect to \n its chemical characteristics by a laboratory accredited in \n accordance with the procedures and conditions specified by the \n Secretary under section 6.\n ``(2) Such laboratory has provided to the manufacturer, \n either directly or through the metal manufacturer, a written \n inspection and testing report, which shall be in a form \n prescribed by the Secretary by regulation, listing the chemical \n characteristics of such coil or heat number.\n ``(3) The report described in paragraph (2) indicates that \n the chemical characteristics of such coil or heat number \n conform to those required by the standards and specifications \n to which the manufacturer represents such lot has been \n manufactured.\n ``(4) The manufacturer demonstrates that such lot has been \n fabricated from the coil or heat number of metal to which the \n report described in paragraphs (2) and (3) relates.\nIn prescribing the form of report required by subsection (c), the \nSecretary shall provide for an alternative to the statement required by \nsubsection (c)(4), insofar as such statement pertains to chemical \ncharacteristics, for cases in which a manufacturer elects to use the \nprocedure permitted by this subsection.''.\n (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality \nAct (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days \nafter the date of enactment of this Act, the'' and inserting ``The''.\n (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act \n(15 U.S.C. 5406) is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a) Domestically Produced Fasteners.--It shall be unlawful for a \nmanufacturer to sell any shipment of fasteners covered by this Act \nwhich are manufactured in the United States unless the fasteners--\n ``(1) have been manufactured according to the requirements \n of the applicable standards and specifications and have been \n inspected and tested by a laboratory accredited in accordance \n with the procedures and conditions specified by the Secretary \n under section 6; and\n ``(2) an original laboratory testing report described in \n section 5(c) and a manufacturer's certificate of conformance \n are on file with the manufacturer, or under such custody as may \n be prescribed by the Secretary, and available for \n inspection.'';\n (2) by inserting ``label'' after ``private'' the first \n place it appears in subsection (c)(2);\n (3) by inserting ``to the same'' in subsection (c)(2) after \n ``in the same manner and'';\n (4) by striking ``certificate'' in subsection (d)(1) and \n inserting ``test report'';\n (5) by striking subsection (e) and inserting the following:\n ``(e) Commingling.--It shall be unlawful for any manufacturer, \nimporter, or private label distributor to commingle like fasteners from \ndifferent lots in the same container; except that such manufacturer, \nimporter, or private label distributor may commingle like fasteners of \nthe same type, grade, and dimension from not more than two tested and \ncertified lots in the same container during repackaging and plating \noperations: Provided, that any container which contains the fasteners \nfrom two lots shall be conspicuously marked with the lot identification \nnumbers of both lots.''; and\n (6) by striking subsection (f) and inserting the following:\n ``(f) Subsequent Purchaser.--If a person who purchases fasteners \nfor any purpose so requests either prior to the sale or at the time of \nsale, the seller shall conspicuously mark the container of the \nfasteners with the lot number from which such fasteners were taken.''.\n (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 \nU.S.C. 5408) is amended by adding at the end the following new \nsubsection:\n ``(d) Enforcement.--The Secretary may designate officers or \nemployees of the Department of Commerce to conduct investigations \npursuant to this Act. In conducting such investigations, those officers \nor employees may, to the extent necessary or appropriate to the \nenforcement of this Act, exercise such authorities as are conferred \nupon them by other laws of the United States, subject to policies and \nprocedures approved by the Attorney General.''.\n (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act \n(15 U.S.C. 5409) is amended--\n (1) by striking ``10 years''in subsections (a) and (b) and \n inserting ``5 years''; and\n (2) by striking ``any subsequent'' in subsection (b) and \n inserting ``the subsequent''.\n (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act \n(15 U.S.C. 5412) is amended by striking ``within 180 days after the \ndate of enactment of this Act''.\n (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 \nU.S.C. 5413) is repealed.","summary":"Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy. And (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.","title":"Technology Administration Authorization Act of 1995","text_len":16159,"sum_len":869} {"bill_id":"108_s2645","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Public Broadcasting Reauthorization \nAct of 2004''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Corporation for Public Broadcasting.--Section 396(k)(1) of the \nCommunications Act of 1934 (47 U.S.C. 396(k)(1)) is amended by striking \nsubparagraphs (B) through (F) and inserting the following:\n ``(B) There is authorized to be appropriated to the Fund, for each \nof the fiscal years 2007, 2008, 2009, 2010, and 2011, an amount equal \nto 40 percent of the total amount of non-Federal financial support \nreceived by public broadcasting entities during the second fiscal year \npreceding each such fiscal year, except that the amount so appropriated \nshall not exceed--\n ``(i) $416,000,000 for fiscal year 2007;\n ``(ii) $432,000,000 for fiscal year 2008;\n ``(iii) $450,000,000 for fiscal year 2009;\n ``(iv) $468,000,000 for fiscal year 2010; and\n ``(v) $487,000,000 for fiscal year 2011.\n ``(C) In addition to any amounts authorized under any other \nprovision of this or any other Act, there are authorized to be \nappropriated to the Fund, (notwithstanding any other provision of this \nsubsection) specifically for transition from the use of analog to \ndigital technology for the provision of public telecommunications \nservices and for the acquisition or production of digital programming \nof local, regional, and national interest--\n ``(i) $50,000,000 for fiscal year 2005;\n ``(ii) $50,000,000 for fiscal year 2006;\n ``(iii) $40,000,000 for fiscal year 2007;\n ``(iv) $30,000,000 for fiscal year 2008; and\n ``(v) $20,000,000 for fiscal year 2009.\n ``(D) Funds appropriated under this subsection shall remain \navailable until expended and shall be disbursed by the Secretary of the \nTreasury for obligation and expenditure as soon after appropriation as \npracticable. The Corporation shall distribute funds authorized by \nsubparagraph (C) and allocated to public broadcast stations under this \nsubsection as expeditiously as practicable when made available by the \nSecretary of the Treasury, and in a manner that is determined, in \nconsultation with public radio and television licensees or permittees \nand their designated representatives.''.\n (b) Public Broadcasting Interconnection System.--Section 396(k)(10) \nof the Communications Act of 1934 (47 U.S.C. 396(k)(10)) is amended by \nstriking subparagraphs (B) and (C) and inserting the following:\n ``(B) There are authorized to be appropriated to the Satellite \nInterconnection Fund $250,000,000 for fiscal year 2005. If the amount \nappropriated to the Satellite Interconnection Fund for fiscal year 2005 \nis less than $250,000,000, the amount by which that sum exceeds the \namount appropriated is authorized to be appropriated for fiscal years \n2006 through 2008 until the full $250,000,000 has been appropriated to \nthe Fund. Funds appropriated to the Satellite Interconnection Fund \nshall remain available until expended.\n ``(C) The Secretary of the Treasury shall make available and \ndisburse to the Corporation, at the beginning of fiscal year 2005 and \nof each succeeding fiscal year thereafter, such funds as have been \nappropriated to the Satellite Interconnection Fund for the fiscal year \nin which such disbursement is to be made.''.\n (c) Public Telecommunications Facilities Program Grants.--Section \n391 of the Communications Act of 1934 (47 U.S.C. 391) is amended--\n (1) by striking ``$42,000,000 for each of the fiscal years \n 1992, 1993, and 1994,'' and inserting ``$50,000,000 for fiscal \n year 2005, $52,000,000 for fiscal year 2006, $54,008,000 for \n fiscal year 2007, $56,240,000 for fiscal year 2008, $58,490,000 \n for fiscal year 2009, $60,820,000 for fiscal year 2010, and \n $63,250,000 for fiscal year 2011,''; and\n (2) by striking ``facilities'' each place it occurs and \n inserting ``facilities, including analog and digital broadcast \n facilities and equipment,''.\n\nSEC. 3. RECOUPMENT OF FUNDS BY CORPORATION.\n\n Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)) \nis amended by adding at the end the following:\n ``(13) Funds may not be distributed pursuant to this \n section to any public broadcast station unless it agrees that, \n upon request by the Corporation, at such time as it ceases to \n provide public telecommunications services or transfers or \n assigns its broadcast license or permit to an entity that will \n not provide public telecommunications services (as defined in \n section 397(14) of this Act), it will--\n ``(A) return any or all unexpended funds for all \n grants made by the Corporation; and\n ``(B) with respect to grants made by the \n Corporation during the prior 5 years for the purchase \n or construction of public telecommunications \n facilities, return an amount that is no more than an \n amount bearing the same ratio to the current value of \n such facilities at the time of cessation of public \n telecommunications service as the ratio that the \n Corporation's contribution bore to the total cost of \n purchasing or constructing such facilities.''.\n\nSEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO INCLUDE \n NEW TECHNOLOGIES.\n\n (a) Transition and Programming Authorization.--Section 396(k)(1)(C) \nof the Communications Act of 1934 (47 U.S.C. 396(k)(1)(C)), as amended \nby section 2(a) of this Act, is further amended by striking ``public \nbroadcasting services,'' and inserting ``public telecommunications \nservices,''.\n (b) Public Telecommunications Services To Include New \nTechnologies.--Section 397(14) of the Communications Act of 1934 (47 \nU.S.C 397(14)) is amended to read as follows:\n ``(14) The term `public telecommunications services' means \nnoncommercial educational and cultural--\n ``(A) radio and television programming or other \n content; and\n ``(B) instructional or informational material \n (including data) transmitted electronically.''.\n\nSEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES.\n\n Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C. \n396(k)(7)) is amended by striking ``to the production and acquisition \nof programming.'' and inserting ``to the support of content, \nprogramming, and services, especially those that serve the needs and \ninterests of the recipient's local community.''.\n\n\n\n\n ","summary":"Public Broadcasting Reauthorization Act of 2004 - Amends the Communications Act of 1934 to authorize appropriations for: (1) FY 2007 through 2011 for the Public Broadcasting Fund, including funds for FY 2005 through 2009 specifically for transition from the use of analog to digital technology for the provision of public telecommunication services and for acquisition or production of digital programming of local, regional, and national interest. (2) FY 2005 for the Satellite Interconnection Fund, including for FY 2006 through 2008 up to the amount authorized for FY 2005 if the amount appropriated is less. And (3) FY 2005 through 2011 for public telecommunications facilities programs, including analog and digital broadcast facilities and equipment. Provides for recoupment by the Public Broadcasting Corporation of unexpended funds from a public broadcast station that ceases to provide public telecommunications services, or transfers its license or permit to an entity that will not provide such services. Redefines public broadcast services as public telecommunications services, namely noncommercial educational and cultural: (1) radio and television programming or other content. And (2) instructional or informational material transmitted electronically. Revises the authority of licensees and permittees of public radio stations to use funds distributed by the Corporation at their discretion for purposes related primarily to the production and acquisition of programming. Authorizes such recipients to use such funds primarily for the support of content, programming, and services, especially those that serve the needs and interests of the recipient's local community.","title":"A bill to amend the Communications Act of 1934 to authorize appropriations for the Corporation for Public Broadcasting, and for other purposes.","text_len":7368,"sum_len":1686} {"bill_id":"111_s471","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``High School Sports Information \nCollection Act of 2009''.\n\nSEC. 2. STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.\n\n Section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. \n9543) is amended by adding at the end the following:\n ``(c) Equality in Athletic Programs.--\n ``(1) In general.--The Statistics Commissioner shall \n collect, annually, for the immediately preceding academic year, \n from each coeducational secondary school that receives Federal \n financial assistance that has an athletic program, the \n following information:\n ``(A) The number of male and female students that \n attended the school and for each student an \n identification of such student's--\n ``(i) race; and\n ``(ii) ethnicity.\n ``(B) A listing of the teams that competed in \n athletic competition and for each such team the \n following data:\n ``(i) The season in which the team \n competed.\n ``(ii) The total number of participants as \n of the day of the first scheduled contest for \n the team, and for each participant an \n identification of such participant's--\n ``(I) gender;\n ``(II) race; and\n ``(III) ethnicity.\n ``(iii) The total expenditures for the \n team, including the following data:\n ``(I) The travel expenditures.\n ``(II) The equipment expenditures \n (including any equipment replacement \n schedule).\n ``(III) The uniform expenditures \n (including any uniform replacement \n schedule).\n ``(IV) The expenditures for \n facilities, including medical \n facilities, locker rooms, fields, and \n gymnasiums.\n ``(V) The total number of trainers \n and medical personnel, and for each \n trainer or medical personnel an \n identification of such person's--\n ``(aa) gender;\n ``(bb) employment status \n (including whether such person \n is employed full-time or part-\n time, and whether such person \n is a head or assistant trainer \n or medical services provider) \n and duties other than providing \n training or medical services; \n and\n ``(cc) qualifications, \n including whether the person is \n a professional or student.\n ``(VI) The expenditures for \n publicity for competitions.\n ``(iv) The total number of coaches, and for \n each coach an identification of such coach's--\n ``(I) gender;\n ``(II) employment status (including \n whether such coach is employed full-\n time or part-time, and whether such \n coach is a head or assistant coach) and \n duties other than coaching; and\n ``(III) qualifications, including \n whether the person is a professional or \n student.\n ``(v) The total number of competitions \n scheduled, and for each scheduled competition \n an indication of what day of the week and time \n the competition was scheduled.\n ``(vi) Whether such team participated in \n postseason competition, and the success of such \n team in any postseason competition.\n ``(vii) The total number of practices \n scheduled, and for each scheduled practice an \n indication of what day of the week and time the \n practice was scheduled.\n ``(2) Disclosure of information to students and public.--A \n coeducational secondary school described in paragraph (1) \n shall--\n ``(A) make available to students and potential \n students, upon request, and to the public, the \n information contained in reports by the school under \n this subsection by October 15 of each school year; and\n ``(B) ensure that all students at the school are \n informed of their right to request such information.\n ``(3) Submission; information availability.--On an annual \n basis, each coeducational secondary school described in \n paragraph (1) shall provide the information contained in each \n report by the school under this subsection to the Statistics \n Commissioner not later than 15 days after the date that the \n school makes such information available under paragraph (2).\n ``(4) Duties of commissioner for education statistics.--The \n Statistics Commissioner shall--\n ``(A) ensure that reports under this subsection are \n posted on the Department of Education's website within \n a reasonable period of time; and\n ``(B) not later than 180 days after the date of \n enactment of the High School Sports Information \n Collection Act of 2009--\n ``(i) notify all secondary schools in all \n States regarding the availability of \n information under paragraph (2); and\n ``(ii) issue guidance to all schools on how \n to collect and report the information required \n under this subsection.''.","summary":"High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school. And (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year. (2) ensure that all students at the school are informed of their right to request such information. And (3) annually provide such information to the Commissioner. Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website. (2) notify all secondary schools regarding the availability of the information. And (3) issue guidance on how to collect and report the information required under this Act.","title":"A bill to amend the Education Sciences Reform Act of 2002 to require the Statistics Commissioner to collect information from coeducational secondary schools on such schools' athletic programs, and for other purposes.","text_len":6999,"sum_len":1342} {"bill_id":"108_s130","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Truth in Tuna Labeling Act of \n2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that:\n (1) Consumers have the right to know whether the tuna that \n they purchase was caught using technologies that kill, harass, \n adversely impact, or endanger dolphins, porpoises, and whales.\n (2) The provisions of the Dolphin Protection Consumer \n Information Act that require ``dolphin safe'' labeling have \n served as an incentive to reduce dolphin mortalities.\n (3) According to the Annual Report of the Marine Mammal \n Commission and the Inter-American Tropical Tuna Commission, \n dolphin mortality has decreased from more than 100,000 dolphin \n kills each year to fewer than 2,000 kills each year since the \n passage of the ``dolphin safe'' label requirements in 1990.\n (4) In 1997, Congress began to erode the ``dolphin safe'' \n label, creating exceptions that permit purse seine netting in \n the Eastern Tropical Pacific and other destructive fishing \n practices to be used during tuna fishing. On December 31, 2002, \n the Secretary of Commerce decided to permit tuna caught using \n these destructive practices to be labeled ``dolphin safe'', a \n decision that will blatantly mislead the American public. The \n Secretary's decision will result in an estimated 20,000 to \n 40,000 dolphin deaths each year.\n\nSEC. 3. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT.\n\n The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is \namended--\n (1) by striking subsections (d) through (h); and\n (2) by inserting the following:\n ``(d) Labeling Standard.--It is a violation of section 5 of the \nFederal Trade Commission Act (15 U.S.C. 45) for any producer, importer, \nexporter, distributor, or seller of any tuna product that is exported \nfrom or offered for sale in the United States to include on the label \nof that product the term `Dolphin Safe' or any other term or symbol \nthat claims or suggests that the tuna contained in the product was \nharvested using a method of fishing that is not harmful to dolphins if \nthe tuna product contains tuna harvested--\n ``(1) on the high seas by a vessel engaged in driftnet \n fishing;\n ``(2) outside the eastern tropical Pacific Ocean by a \n vessel using purse seine nets--\n ``(A) in a fishery in which the Secretary has \n determined that a regular and significant association \n occurs between dolphins and tuna (similar to the \n association between dolphins and tuna in the eastern \n tropical Pacific Ocean), unless such product is \n accompanied by a written statement, executed by the \n captain of the vessel and an observer participating in \n a national or international program acceptable to the \n Secretary, certifying that no purse seine net was \n intentionally deployed on dolphins or used to encircle \n dolphins and that no dolphins were intentionally chased \n or harassed during the particular voyage on which the \n tuna were caught and no dolphins were killed or \n seriously injured in the sets in which the tuna were \n caught; or\n ``(B) in any other fishery (other than a fishery \n described in paragraph (3)) unless the product is \n accompanied by a written statement executed by the \n captain of the vessel certifying that no purse seine \n net was intentionally deployed on or used to encircle \n dolphins during the particular voyage on which the tuna \n was harvested;\n ``(3) by a vessel in a fishery other than one described in \n paragraph (1), (2) or (4) that is identified by the Secretary \n as having a regular and significant mortality or serious injury \n of dolphins, unless such product is accompanied by a written \n statement executed by the captain of the vessel and an observer \n participating in a national or international program acceptable \n to the Secretary that no dolphins were killed or seriously \n injured in the sets or other gear deployments in which the tuna \n were caught, provided that the Secretary determines that such \n an observer statement is necessary; or\n ``(4) except as provided in subsection (e), in the eastern \n tropical Pacific Ocean by a vessel using purse seine nets.\n ``(e) Special Requirements.--A tuna product that contains tuna \nharvested in the eastern tropical Pacific Ocean by a fishing vessel \nusing purse seine nets may include on the label of that product the \nterm `Dolphin Safe' or other term or symbol that claims or suggests \nthat the tuna contained in the product was harvested using a method of \nfishing that is not harmful to dolphins if--\n ``(1) the vessel that harvested the tuna is of a type and \n size that the Secretary has determined is not capable of \n deploying its purse seine nets on dolphins or to encircle \n dolphins; or\n ``(2) the tuna product is accompanied by a written \n statement--\n ``(A)(i) executed by the captain of the vessel \n which harvested the tuna certifying that no tuna were \n caught on the trip in which such tuna were harvested \n using a purse seine net intentionally deployed on \n dolphins or to encircle dolphins, that no dolphins were \n intentionally chased or harassed in connection with the \n trip, and that no dolphins were killed or seriously \n injured during the sets in which the tuna were caught; \n or\n ``(ii) which states that an approved observer was \n on board the vessel during the entire trip in which \n such tuna were harvested and that purse seine nets were \n not intentionally deployed on dolphins or to encircle \n dolphins, that no dolphins were intentionally chased or \n harassed in connection with the trip, and that no \n dolphins were killed or seriously injured during the \n sets in which the tuna were caught and that is executed \n by--\n ``(I) the Secretary;\n ``(II) a representative of the Inter-\n American Tropical Tuna Commission; or\n ``(III) an authorized representative of a \n country that is a signatory to the Agreement on \n the International Dolphin Conservation Program, \n done at Washington May 21, 1998, whose observer \n program has been approved by the Inter-American \n Tropical Tuna Commission or the Secretary; and\n ``(B) that is endorsed in writing by each exporter, \n importer, and processor of the tuna product.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by section 3 shall take effect on December 30, \n2002.","summary":"Truth in Tuna Labeling Act of 2003 - Amends the Dolphin Protection Consumer Information Act to declare that a tuna product labeled dolphin safe violates the Federal Trade Commission Act unless it is accompanied by a certificate stating that no dolphins were intentionally chased or harassed during the particular voyage on which the tuna were caught using purse seine nets. Applies this mandate to tuna products harvested either outside or inside the eastern tropical Pacific Ocean.","title":"A bill to amend the labeling requirements of the Dolphin Protection Consumer Information Act, and for other purposes.","text_len":7498,"sum_len":482} {"bill_id":"107_hr1889","text":"SECTION 1. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Extension services such as the Manufacturing Extension \n Partnership and the Agricultural Extension Service have proven \n to be effective public-private partnerships to integrate new \n technologies and to improve utilization of existing \n technologies by small to medium sized manufacturers and the \n United States agricultural community.\n (2) Undergraduate institutions of higher education working \n with nonprofit organizations and State and Federal agencies can \n tailor educational technology extension programs to meet \n specific local and regional requirements.\n (3) Undergraduate institutions of higher education, often \n with the assistance of the National Science Foundation, have \n during the past 20 years been integrating educational \n technologies into their curriculums, and as such can draw upon \n their own experiences to advise elementary and secondary school \n educators on ways to integrate a variety of educational \n technologies into the educational process.\n (4) Many elementary and secondary school systems, \n particularly in rural and traditionally underserved areas, lack \n general information on the most effective methods to integrate \n their existing technology infrastructure, as well as new \n educational technology, into the educational process and \n curriculum.\n (5) Most Federal and State educational technology programs \n have focused on acquiring educational technologies with less \n emphasis on the utilization of those technologies in the \n classroom and the training and infrastructural requirements \n needed to efficiently support those types of technologies. As a \n result, in many instances, the full potential of educational \n technology has not been realized.\n (6) Our global economy is increasingly reliant on a \n workforce not only comfortable with technology, but also able \n to integrate rapid technological changes into the production \n process. As such, in order to remain competitive in a global \n economy, it is imperative that we maintain a work-ready labor \n force.\n (7) According to ``Teacher Quality: A Report on the \n Preparation and Qualifications of Public School Teachers'', \n prepared by the Department of Education, only 1 in 5 teachers \n felt well prepared to work in a modern classroom.\n (8) The most common form of professional development for \n teachers continues to be workshops that typically last no more \n than 1 day and have little relevance to teachers' work in the \n classroom.\n (9) A 1998 national survey completed by the Department of \n Education found that only 19 percent of teachers had been \n formally mentored by another teacher, and that 70 percent of \n these teachers felt that this collaboration was very helpful to \n their teaching.\n (b) Purpose.--The purpose of this Act is to improve the utilization \nof educational technologies in elementary and secondary education by \ncreating an educational technology extension service based at \nintermediate school districts, regional education service agencies, or \nundergraduate institutions of higher education.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) The term ``Director'' means the Director of the \n National Science Foundation.\n (2) The term ``institution of higher education'' has the \n meaning given that term in section 101 of the Higher Education \n Act of 1965 (20 U.S.C. 1001).\n\nSEC. 3. EDUCATIONAL TECHNOLOGY UTILIZATION EXTENSION ASSISTANCE.\n\n (a) Program Authorized.--\n (1) General authority--The Director, in cooperation with \n the Secretary of Education and the Director of the National \n Institute of Standards and Technology, is authorized to provide \n assistance for the creation and support of regional centers for \n the utilization of educational technologies (hereinafter in \n this Act referred to as ``ETU Centers'').\n (2) Functions of centers--\n (A) Establishment.--ETU Centers may be established \n at any intermediate school district, regional education \n service agency, institution of higher education, or \n consortium of such entities, but such Centers may \n include the participation of nonprofit entities.\n (B) Objectives of centers.--The objective of ETU \n Centers is to enhance the utilization of educational \n technologies in elementary and secondary education \n through--\n (i) advising elementary and secondary \n school administrators, school boards, and \n teachers on the adoption and utilization of new \n educational technologies and the utility of \n local schools' existing educational technology \n assets and infrastructure;\n (ii) participation of individuals from the \n private sector, universities, State and local \n governments, and other Federal agencies;\n (iii) active dissemination of technical and \n management information about the use of \n educational technologies; and\n (iv) utilization, if appropriate, of the \n expertise and capabilities that exist in \n Federal laboratories and Federal agencies.\n (C) Activities of centers.--The activities of ETU \n Centers shall include the following:\n (i) The active transfer and dissemination \n of research findings and ETU Center expertise \n to local school authorities, including school \n administrators, school boards, and teachers.\n (ii) The training of teachers in the \n integration of local schools' existing \n educational technology infrastructure into \n their instructional design.\n (iii) The training and advising of \n teachers, administrators, and school board \n members in the acquisition, utilization, and \n support of educational technologies.\n (iv) Support services to teachers, \n administrators, and school board members as \n agreed upon by ETU Center representatives and \n local school authorities.\n (v) The advising of teachers, \n administrators, and school board members on \n current skill set standards employed by private \n industry.\n (3) Program administration.--\n (A) Proposed rules.--The Director, after \n consultation with the Secretary of Education and the \n Director of the National Institute of Standards and \n Technology, shall publish in the Federal Register, not \n later than 90 days after the date of the enactment of \n this Act, proposed rules for the program for \n establishing ETU Centers, including--\n (i) a description of the program;\n (ii) the procedures to be followed by \n applicants;\n (iii) the criteria for determining \n qualified applicants; and\n (iv) the criteria, including those listed \n in this section, for choosing recipients of \n financial assistance under this Act from among \n qualified applicants.\n (B) Final rules.--The Director shall publish final \n rules for the program under this Act after the \n expiration of a 30-day comment period on such proposed \n rules.\n (4) Eligibility and selection.--\n (A) Applications required.--Any intermediate school \n district, regional education service agency, \n undergraduate institution of higher education, or \n consortium of any of those entities may submit an \n application for financial support under this Act in \n accordance with the procedures established under this \n Act. In order to receive assistance under this Act, an \n applicant shall provide adequate assurances that the \n applicant will contribute 50 percent or more of the \n proposed ETU Center's capital and annual operating and \n maintenance costs.\n (B) Selection.--The Director, in conjunction with \n the Secretary of Education and the Director of the \n National Institute of Standards and Technology, shall \n subject each application to competitive, merit-based \n review. In making a decision whether to approve such \n application and provide financial support under this \n Act, the Director of the National Science Foundation \n shall consider, at a minimum--\n (i) the merits of the application, \n particularly those portions of the application \n regarding the adaptation of training and \n educational technologies to the needs of \n particular regions;\n (ii) the quality of service to be provided;\n (iii) the geographical diversity and extent \n of service area, with particular emphasis on \n rural and traditionally underdeveloped areas; \n and\n (iv) the percentage of funding and amount \n of in-kind commitment from other sources.\n (C) Evaluation.--Each ETU Center that receives \n financial assistance under this Act shall be evaluated \n during its third year of operation by an evaluation \n panel appointed by the Director. Each evaluation panel \n shall measure the involved ETU Center's performance \n against the objectives specified in this Act. Funding \n for an ETU Center shall not be renewed unless the \n evaluation is positive.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated to the National Science Foundation to carry out this Act \n$7,000,000 for fiscal year 2002, $8,500,000 for fiscal year 2003, and \n$9,500,000 for fiscal year 2004.","summary":"Authorizes the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies . Allows ETU Centers to be established at any intermediate school district, regional education service agency, institution of higher education, or consortium of such entities, and to include the participation of non-profit entities. Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advice to school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure. (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies. (3) active dissemination of technical and management information about the use of educational technologies. And (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies. Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities. (2) training of teachers in integrating schools' existing educational technology infrastructure into their instructional design. (3) training and advising of teachers, administrators, and school board members in acquiring, using, and supporting educational technologies, (4) support services to teachers, administrators, and school board members. And (5) advising of teachers, administrators, and school board members on current skill set standards employed by private industry.","title":"To improve the utilization of educational technologies in elementary and secondary education by creating an educational technology extension service.","text_len":11476,"sum_len":1859} {"bill_id":"107_hr5501","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n (a) Short Title.--This Act may be cited as the ``Higher Education \nAccrediting Agency Responsibility Act of 2002''.\n (b) References to Higher Education Act of 1965.--Except as \notherwise expressly provided, whenever in this Act an amendment or \nrepeal is expressed in terms of an amendment to, or repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of the Higher Education Act of \n1965.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds the following:\n (1) Accrediting agencies were originally intended to \n provide voluntary, nongovernmental oversight of institutions of \n higher education.\n (2) However, Congress has allowed accreditors to become \n gatekeepers of more than $40,000,000,000 of Federal student aid \n funds due to such agencies role, enshrined in current Federal \n law, to help determine an institution's eligibility to \n participate in Federal student aid programs.\n (3) More effective and less costly mechanisms are already \n in place to protect students and parents, as no institution can \n receive Federal funds until the Department of Education \n certifies its financial and administrative capacity. \n Additionally, the amount of useful information publicly \n available about the quality of academic institutions has grown \n dramatically in recent years and now far exceeds the minimal \n amount conveyed by the accreditation system.\n (4) It is virtually unknown for an institution to be denied \n accreditation because of low educational values, despite \n growing public concern that American college graduates are \n lacking the skills necessary for participation in civic life.\n (5) The time and effort required of institutions of higher \n education to comply with the accreditation process imposes \n costs which must ultimately be borne by students and parents.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To refocus the purpose of accreditation on providing \n comparative information about the quality of institutions of \n higher education, rather than determining student aid \n eligibility, which should properly be the responsibility of the \n Department of Education.\n (2) To end the virtual monopoly that today's accrediting \n agencies enjoy, and require them to operate in a competitive \n environment like any other industry.\n\nSEC. 3. AMENDMENTS AND REPEALS.\n\n (a) Qualification of Institutions of Higher Education.--Section 101 \nof the Higher Education Act of 1965 (20 U.S.C. 1001) is amended--\n (1) in subsection (a)--\n (A) by adding ``and'' at the end of paragraph (3);\n (B) by striking ``; and'' at the end of paragraph \n (4) and inserting a period; and\n (C) by striking paragraph (5); and\n (2) by striking subsection (c).\n (b) Qualification of Proprietary Institutions of Higher \nEducation.--Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--\n (1) by striking subparagraph (D); and\n (2) by redesignating subparagraphs (E) and (F) as \n subparagraphs (D) and (E), respectively.\n (c) National Advisory Committee on Institutional Quality and \nIntegrity.--Section 114 (20 U.S.C. 1011c) is repealed.\n (d) Disclosures of Foreign Gifts.--Section 117(h)(4) (20 U.S.C. \n1011f(h)(4)) is amended--\n (1) by adding ``and'' at the end of subparagraph (A); and\n (2) by striking subparagraph (C).\n (e) Title III Eligible Institutions.--Section 312(b)(1) (20 U.S.C. \n1058(b)(1)) is amended--\n (1) by striking subparagraph (D); and\n (2) by redesignating subparagraphs (E) and (F) as \n subparagraphs (D) and (E), respectively.\n (f) Title III Definitions.--Section 322(2) (20 U.S.C. 1061(2)) is \namended--\n (1) by inserting ``and'' after ``1964'',''; and\n (2) by striking ``and that is accredited'' and all that \n follows through ``toward accreditation,''.\n (g) HBCU Capital Financing.--Section 342(5) (20 U.S.C. 1066a(5)) is \namended--\n (1) by adding ``and'' at the end of subparagraph (F);\n (2) by striking subparagraph (G); and\n (3) by redesignating subparagraph (H) as subparagraph (G).\n (h) Conforming Amendment.--Section 365 (20 U.S.C. 1067k) is \namended--\n (1) by striking paragraph (1); and\n (2) by redesignating paragraphs (2) through (9) as \n paragraphs (1) through (8), respectively.\n (i) Distance Education Demonstration Programs.--Section 486(c)(2) \n(20 U.S.C. 1093(c)(2)) is amended--\n (1) by striking subparagraph (A); and\n (2) by redesignating subparagraphs (B) through (F) as \n subparagraphs (A) through (E), respectively.\n (j) Program Participation Agreements.--Section 487 (20 U.S.C. 1094) \nis amended--\n (1) in subsection (a)(3)--\n (A) by adding ``and'' at the end of subparagraph \n (A);\n (B) by striking ``; and'' at the end of \n subparagraph (B) and inserting a period; and\n (C) by striking subparagraph (C);\n (2) in subsection (a)(15), by striking ``accrediting \n agencies,'';\n (3) in subsection (a)(21), by striking ``and accrediting \n agencies or associations''; and\n (4) in subsection (c)(5)--\n (A) by inserting ``and'' after ``eligible \n lenders,''; and\n (B) by striking ``, and accrediting agencies or \n associations''.\n (k) Accrediting Agency Recognition.--Section 496 (20 U.S.C. 1099b) \nis repealed.\n (l) Eligibility and Certification Procedures.--Section 498 (20 \nU.S.C. 1099c) is amended--\n (1) in subsection (a), by striking ``accreditation''; and\n (2) in subsection (b), by striking ``accreditation,'' each \n place it appears.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply be effective on \nSeptember 1, 2002.","summary":"Higher Education Accrediting Agency Responsibility Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to remove requirements that institutions of higher education (IHEs) be accredited or preaccredited by a nationally recognized accrediting agency or association in order to receive Federal funds under various HEA programs, including student aid under HEA title IV. Removes such accreditation requirements with respect to IHEs, proprietary IHEs, special institutional aid under HEA title III, historically Black college and university capital financing, distance education demonstration programs, and student assistance program participation agreements. Repeals provisions for: (1) the National Advisory Committee on Institutional Quality and Integrity, and (2) recognition of accrediting agencies or associations under HEA.","title":"To amend the Higher Education Act of 1965 to provide greater academic freedom for institutions of higher education, and for other purposes.","text_len":6351,"sum_len":833} {"bill_id":"109_hr3796","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act \nof 2005''.\n\nSEC. 2. AUTHORITY.\n\n The Corporation for National and Community Service (referred to in \nthis Act as the ``Corporation''), pursuant to section 126(b) of the \nNational and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall \ncarry out the activities authorized under this Act.\n\nSEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.\n\n (a) Establishment.--There is established an AmeriCorps Disaster \nRelief Corps, to be administered by the Corporation, to carry out full- \nor part-time service projects that provide food, clothing, shelter, and \nother humanitarian assistance for victims of major disasters and \nemergencies, projects involving cleaning, repair, and reconstruction of \nstructures, facilities, and lands located within the disaster area, and \nother projects arising from the consequences of major disasters and \nemergencies.\n (b) Recruitment of Participants and Eligibility.--\n (1) Recruitment.--The Corporation shall endeavor to recruit \n up to 10,000 additional eligible participants for the national \n service program established under subsection (a).\n (2) Eligibility.--Eligibility to participate in the \n national service program established under subsection (a) shall \n be on the same basis as for participation in an approved \n national service position authorized by subtitle C or E of \n title I of the National and Community Service Act (42 U.S.C. \n 12571 et seq.) or by title I of the Domestic Volunteer Service \n Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as \n participants in the program shall be eligible for living \n allowances, educational awards, and other support authorized \n for participants in approved national service positions under \n such Acts.\n (3) Priority.--In conducting recruiting under paragraph \n (1), the Corporation and recipients of assistance to operate \n projects shall give priority to those individuals dislocated as \n a result of major disasters and emergencies and may permit \n alternative documentation requirements relating to \n demonstrating eligibility of such individuals.\n (c) Projects.--Participants for the national service program \nestablished under subsection (a) may serve on projects that--\n (1) help those affected by major disasters and emergencies \n assess their needs;\n (2) assist in the construction of temporary housing for the \n displaced victims of a major disaster or emergency;\n (3) provide relocation services for victims of the \n hurricane, including food, water and clothing distribution and \n housing location services;\n (4) conduct outreach to local businesses, building owners, \n and others with applications for disaster relief and for other \n assistance to be provided by Federal or State government;\n (5) provide employment services for victims, such as \n identifying job training, job placement, and other \n opportunities;\n (6) conduct environmental surveys, monitoring water quality \n and determining the environmental impact on the affected \n region;\n (7) provide teaching and administrative support functions \n for school systems where displaced children have enrolled;\n (8) work with schools to identify and mentor students \n coping with the impact of a major disaster or emergency;\n (9) work with public officials to prepare them for future \n disasters or emergencies; and\n (10) otherwise assist with the rebuilding of the affected \n regions.\n\nSEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH \n FEDERAL AGENCIES.\n\n The Corporation may use funds authorized under this Act in support \nof projects or activities consistent with those specified in section \n3(c) to--\n (1) make grants to, or enter into agreements with States, \n subdivisions of States, or other organizations to support \n AmeriCorps projects under section 121 of the National and \n Community Service Act (42 U.S.C. 12571);\n (2) support the National Civilian Community Corps \n authorized under subtitle E of title I of the National and \n Community Service Act (42 U.S.C. 12611);\n (3) support the VISTA program under title I of the Domestic \n Volunteer Service Act (42 U.S.C. 4451 et seq.); and\n (4) enter into a contract or cooperative or other agreement \n with another Federal agency.\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act, the terms ``emergency'' and ``major disaster'' \nhave the meaning given such terms in paragraphs (1) and (2) of section \n102 of the Robert T. Stafford Disaster Relief and Emergency Assistance \nAct (42 U.S.C 5122(1) and (2)).\n\nSEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.\n\n The Corporation shall transfer funds to the National Service Trust \nestablished in section 145 of the National and Community Service Act \n(42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps \nProgram Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to \nprovide educational awards and related assistance authorized under \nsubtitle D of title I of the National and Community Service Act (42 \nU.S.C. 12601 et. seq.)\n\nSEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.\n\n Notwithstanding any other provision of law, an individual serving \nin a program authorized by this Act may serve a third term of service \nin an approved national service position and may receive in-service \nbenefits and a post-service educational award authorized under the \nnational service laws on the same basis as an individual serving in a \nfirst or second term of service.\n\nSEC. 8. ADMINISTRATIVE EXPENSES.\n\n The Corporation may use up to two percent of funds authorized under \nsection 12 for the administration of this Act.\n\nSEC. 9. ACCEPTANCE OF DONATED SERVICES.\n\n Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and \nCommunity Service Act is amended by striking ``money or property'' and \ninserting ``money, services, or property''.\n\nSEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.\n\n Notwithstanding any other provision of law, funds provided under \nthis Act to administer, reimburse, or support any national service \nprogram authorized under the national service laws, shall not be \nconsidered in applying any limitation on funding for such programs in \nannual appropriations Acts.\n\nSEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.\n\n Notwithstanding any other provision of law, the Corporation may use \nfunds authorized under this Act to enter into a contract or cooperative \nagreement with another Federal agency to support a national service \nprogram carried out by that agency consistent with section 121(b) of \nthe National and Community Service Act of 1990 (42 U.S.C. 12571(b)).\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Corporation \n$150,000,000 for each of fiscal years 2006 and 2007 to carry out this \nAct.","summary":"AmeriCorps Disaster Relief Corps Act of 2005 - Establishes an AmeriCorps Disaster Relief Corps, administered by the Corporation for National and Community Service, to carry out service projects that: (1) provide food, clothing, shelter, and other humanitarian assistance for victims of major disasters and emergencies. (2) involve cleaning, repair, and reconstruction of structures, facilities, and lands located within the disaster area. And (3) perform other activities in response to the consequences of major disasters and emergencies. Authorizes the Corporation to: (1) make grants to, or enter into agreements with states, local governments, or other organizations to support AmeriCorps projects. (2) support the National Civilian Community Corps authorized under the National and Community Service Act. (3) support the VISTA program under the Domestic Volunteer Service Act. And (4) enter into a contract or other agreement with another Federal agency.","title":"To establish the AmeriCorps Disaster Relief Corps to carry out national service projects that address the needs arising from the consequences of Hurricane Katrina, and other major disasters and emergencies.","text_len":7363,"sum_len":959} {"bill_id":"111_s848","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helicopter Medical Services Patient \nSafety, Protection, and Coordination Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Federal Aviation Administration is responsible for \n regulating civil aviation in the United States.\n (2) Each State is responsible for the regulation of public \n health planning and protection, patient safety and protection, \n emergency medical services, the quality and coordination of \n medical care, and the practice of medicine within its \n jurisdiction.\n (3) Helicopter medical services are an essential component \n of the health care delivery and emergency medical services \n system in each State and are integral to each State's \n management of public health planning and protection, patient \n safety and protection, emergency medical services, the quality \n and coordination of medical care, and the practice of medicine \n within the State's jurisdiction.\n (4) Existing or future regulation of helicopter medical \n services by the several States is in the public interest.\n (5) Helicopter medical services represent a unique and \n discrete area of air transportation because those services \n present issues involving the adequacy and availability of \n medical services to patients.\n (6) Court rulings and statutory interpretations issued by \n the Secretary of Transportation have imposed limitations on, \n impeded, or prevented, the ability of States to effectively \n regulate helicopter medical services in a manner similar to the \n regulation of other health care services by the States.\n (7) Those rulings and interpretations have concluded that \n certain State actions related to public health planning and \n protection, patient safety and protection, emergency medical \n services, the quality and coordination of medical care, and the \n practice of medicine, and related aspects of helicopter medical \n services, are preempted by Federal law, either pursuant to the \n preemption provisions of the Airline Deregulation Act of 1978 \n (Public Law 95-504; 92 Stat. 1705) or through the application \n of the ``field occupation'' preemption doctrine.\n (8) The Airline Deregulation Act of 1978 did not \n contemplate helicopter medical services, and the use of the Act \n to strike down intrastate health-related regulations overseeing \n the provision of helicopter medical services that would \n otherwise be permissible with respect to any other segment of \n the health care industry is not in the public interest.\n (9) At the same time, it is also important to ensure that \n the Federal Aviation Administration's plenary and exclusive \n jurisdiction over matters of aviation safety is not infringed \n by any State. Accordingly, any State health-related regulation \n of helicopter medical services must be harmonized and shall not \n be inconsistent with Federal regulation of aviation safety \n because the safe operation of the helicopter medical services \n flight is of paramount importance.\n (10) Accordingly, there is a need for clarification of \n existing Federal law so that States may regulate helicopter \n medical services with respect to public health planning and \n protection, patient safety and protection, emergency medical \n services, the quality and coordination of medical care, and the \n practice of medicine without infringing on the Federal \n government's plenary power to regulate aviation safety.\n\nSEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL \n SERVICES.\n\n (a) In General.--Chapter 401 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 40130. Clarification of State authority over helicopter medical \n services\n ``(a) Clarification of State Authority.--Nothing in this subtitle \nshall prohibit a State from--\n ``(1) requiring medical licenses for the provision of \n helicopter medical services between locations within the State; \n or\n ``(2) prescribing regulations relating to the provision of \n such services if such regulations are prescribed pursuant to \n subsection (c), (d), or (e).\n ``(b) Applicability of Federal Aviation Safety Authority.--No State \nhealth-related regulation established pursuant to this section shall \nsupersede or be inconsistent with any Federal operating requirement \nwith respect to aviation safety.\n ``(c) State Authority Over Medical Services.--A State may prescribe \nregulations relating to the provision of helicopter medical services \nwith respect to the following:\n ``(1) The medical qualifications and medical training of \n helicopter medical personnel, except that a State may not \n impose any requirement with respect to a pilot.\n ``(2) The obligation of providers of helicopter medical \n services to comply with the health planning, patient safety, \n and medical service requirements of the State, including--\n ``(A) coordination of the interrelationship, \n interaction, and agreements among providers of \n helicopter medical services, providers of other \n emergency medical services, providers of other medical \n transport services, referring entities, and medical \n institutions that receive patients transported by \n providers of helicopter medical services with respect \n to the transport of patients;\n ``(B) demonstration of adequate capacity to provide \n helicopter medical services;\n ``(C) demonstration of the need for new or expanded \n helicopter medical services;\n ``(D) determinations with respect to the number and \n base location of helicopters used in the provision of \n helicopter medical services within the State or region \n of the State or the regulation of competition for \n specific markets within the State;\n ``(E) affiliation with health care institutions;\n ``(F) sanitation and infection control protocols;\n ``(G) medical records requirements;\n ``(H) quality of medical care requirements, \n including participation in patient safety and medical \n quality control efforts, such as peer review processes, \n utilization review, and error reporting systems; and\n ``(I) the proffer of gifts of monetary value (other \n than training or educational programs) to referring \n entities (or personnel employed by such entities) \n within the State.\n ``(d) State Authority Over Medical Services Subject to \nHarmonization Requirement.--A State may prescribe regulations relating \nto the provision of helicopter medical services with respect to the \nfollowing, if such regulations are harmonized with, and do not infringe \nupon, any applicable Federal operating requirements:\n ``(1) The establishment of appropriate medical criteria for \n determining the appropriate medical institution to receive a \n patient being transported from the scene at which the patient's \n injury or accident, or other event resulting in the need for \n medical services for the patient, occurred.\n ``(2) The specification of service requirements with \n respect to geographic areas within the State or during \n specified hours and days.\n ``(3) The coordination of flight requests for emergency \n helicopter medical services.\n ``(4) The compliance with accreditation requirements \n regarding medical services, except where such requirements \n infringe upon relevant Federal operating requirements.\n ``(5) The provision of emergency helicopter medical \n services to all persons for whom such services are medically \n necessary and appropriate.\n ``(e) State Authority Over Medical Services Subject to Consistency \nRequirement.--\n ``(1) In general.--Subject to paragraph (2), a State may \n prescribe regulations relating to the provision of helicopter \n medical services with respect to the following, if such \n regulations are consistent with, and do not infringe upon, any \n applicable Federal operating requirements:\n ``(A) The necessary medical equipment and supplies \n to be carried on board or affixed to the helicopter.\n ``(B) The physical attributes of the helicopter--\n ``(i) necessary for the provision of \n quality medical care, including--\n ``(I) permanently installed climate \n control systems capable of meeting \n specified temperature settings;\n ``(II) a configuration that allows \n adequate access to the patient, medical \n equipment, and medical supplies by the \n helicopter medical personnel;\n ``(III) use of materials in the \n helicopter that are appropriate for \n proper patient care;\n ``(IV) sufficient electrical supply \n to support medical equipment without \n compromising helicopter power; and\n ``(V) the ability of the helicopter \n to transport a patient a certain \n distance without refueling within the \n State; and\n ``(ii) necessary--\n ``(I) for the protection of \n helicopter personnel, ground medical \n personnel, and emergency response \n personnel; and\n ``(II) to ensure that the \n helicopter has no structural or \n functional defects that may adversely \n affect such personnel, such as by \n requiring tailroter illumination for \n loading patients at night or external \n search lights.\n ``(C) Communication capabilities enabling--\n ``(i) the helicopter medical personnel to \n communicate with emergency medical services and \n public safety personnel and personnel at \n medical institutions that receive patients \n transported by providers of helicopter medical \n services; and\n ``(ii) the flightcrew to communicate with \n the helicopter medical personnel, to the extent \n that the communications do not interfere with \n the safe operation of the flight.\n ``(2) Limitations.--\n ``(A) Providers licensed in multiple states.--If a \n provider of helicopter medical services is licensed to \n provide such services in more than one State and the \n regulations established pursuant to this subsection by \n the States in which the provider is licensed are \n inconsistent, the provider shall comply with the most \n stringent of such regulations.\n ``(B) Nondelegation requirement.--A State may not \n delegate authority provided under this subsection to a \n political subdivision of the State.\n ``(f) Interstate Agreements.--In regulating the provision of \nhelicopter medical services pursuant to this section, a State shall, if \nnecessary, establish regulations or negotiate mutual aid agreements \nwith adjacent States or providers of helicopter medical services in \nadjacent States to ensure access to helicopter medical services across \nState borders.\n ``(g) Definitions.--In this section:\n ``(1) Helicopter medical services.--The term `helicopter \n medical services' means the helicopter transport of a patient, \n in both emergency and nonemergency situations, as well as the \n medical services provided to such patient in the course of \n transport by such helicopter.\n ``(2) Federal operating requirements.--The term `Federal \n operating requirements' means requirements under part A of \n subtitle VII of title 49, United States Code, and Federal \n aviation regulations set forth in title 14, Code of Federal \n Regulations.\n ``(3) Referring entities.--The term `referring entity' \n means any entity that dispatches or provides a referral for a \n provider of helicopter medical services, such as a medical \n institution, an agency providing emergency medical services, or \n a first responder.''.\n (b) Conforming Amendment.--The table of sections at the beginning \nof chapter 401 of title 49, United States Code, is amended by adding at \nthe end the following:\n\n``40130. Clarification of State authority over intrastate helicopter \n medical services.''.","summary":"Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel. And (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient. (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days, (3) coordination of flight requests for emergency helicopter medical services. (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements. And (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter. (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel. And (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders.","title":"A bill to recognize and clarify the authority of the States to regulate intrastate helicopter medical services, and for other purposes.","text_len":14187,"sum_len":2389} {"bill_id":"103_s1603","text":"SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.\n\n (a) Definitions.--Section 8331 of title 5, United States Code, is \namended--\n (1) by striking out ``and'' at the end of paragraph (25);\n (2) by striking out the period at the end of paragraph (26) \n and inserting in lieu thereof a semicolon and ``and''; and\n (3) by adding at the end thereof the following new \n paragraph:\n ``(27) `fish and wildlife officer' means a law enforcement \n officer of the Refuge Division of the United States Fish and \n Wildlife Service of the Department of the Interior.''.\n (b) Deductions, Contributions, and Deposits.--Section 8334 of title \n5, United States Code, is amended--\n (1) in subsection (a)(1), by striking out ``a law \n enforcement officer,'' and inserting in lieu thereof ``a law \n enforcement officer, a fish and wildlife officer''; and\n (2) in the table in subsection (c), by striking out ``and \n firefighter for firefighter service.'' and inserting in lieu \n thereof ``, firefighter for firefighter service, and a fish and \n wildlife officer for fish and wildlife service.''.\n (c) Immediate Retirement.--Section 8336(c)(1) of such title is \namended by striking out ``law enforcement officer or firefighter,'' and \ninserting ``law enforcement officer, a firefighter, or a''.\n\nSEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM.\n\n (a) Definitions.--Section 8401 of title 5, United States Code, is \namended--\n (1) by striking out ``and'' at the end of paragraph (31);\n (2) by striking out the period at the end of paragraph (32) \n and inserting in lieu thereof a semicolon and ``and''; and\n (3) by adding at the end thereof the following new \n paragraph:\n ``(33) `fish and wildlife officer' means a law enforcement \n officer of the Refuge Division of the United States Fish and \n Wildlife Service of the Department of the Interior.''.\n (b) Immediate Retirement.--Section 8412(a) of title 5, United \nStates Code, is amended--\n (1) in paragraph (1) by striking out ``or firefighter,'' \n and inserting in lieu thereof ``firefighter, or fish and \n wildlife officer,''; and\n (2) in paragraph (2) by striking out ``or firefighter,'' \n and inserting in lieu thereof ``firefighter, or fish and \n wildlife officer''.\n (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, \nUnited States Code, is amended in the sentence following subparagraph \n(B) by inserting ``fish and wildlife officer,'' after ``firefighter,''.\n (d) Deductions.--Section 8422(a)(2) of title 5, United States Code, \nis amended--\n (1) in subparagraph (A) by inserting ``fish and wildlife \n officer,'' after ``air traffic controller,''; and\n (2) in subparagraph (B) by inserting ``fish and wildlife \n officer,'' after ``air traffic controller,''.\n (e) Government Contributions.--Section 8423(a) of title 5, United \nStates Code, is amended--\n (1) in paragraph (1)(B)(i) by inserting ``fish and wildlife \n officer,'' after ``law enforcement officer,''; and\n (2) in paragraph (3)(A) by inserting ``fish and wildlife \n officer,'' after ``law enforcement officer,''.\n (f) Mandatory Separation.--Section 8425(b) of title 5, United \nStates Code, is amended in the second sentence by inserting ``or fish \nand wildlife officer'' after ``law enforcement officer''.\n\nSEC. 3. ADMINISTRATIVE PROVISIONS.\n\n (a) Employee Contributions.--Any individual who has served as a \nfish and wildlife officer before the effective date of this Act, shall \nhave such service credited and annuities determined in accordance with \nthe amendments made by sections 1 and 2 of this Act, if such individual \nmakes payment into the Civil Service Retirement and Disability Fund of \nan amount, determined by the Office of Personnel Management, which \nwould have been deducted and withheld from the basic pay of such \nindividual (including interest thereon) under chapters 83 and 84 of \ntitle 5, United States Code, as if such amendments had been in effect \nduring the periods of such service.\n (b) Agency Contributions.--No later than 90 days after a payment \nmade by an individual under subsection (a), the Department of the \nInterior shall make a payment into the Civil Service Retirement and \nDisability Fund of an amount, determined by the Office of Personnel \nManagement, which would have been contributed as a Government \ncontribution (including interest thereon) under chapters 83 and 84 of \ntitle 5, United States Code, for the service credited and annuities \ndetermined for such individual, as if the amendments made by sections 1 \nand 2 of this Act had been in effect during the applicable periods of \nservice.\n (c) Regulations.--The Office of Personnel Management shall \ndetermine the amount of interest to be paid under this section and may \npromulgate regulations to carry out the provisions of this Act.\n\nSEC. 4. EFFECTIVE DATE.\n\n The provisions of this Act and amendments made by this Act shall \ntake effect on the date occurring 90 days after the date of enactment \nof this Act.","summary":"Amends Federal law to extend certain retirement-related provisions of the Civil Service and Federal Employees' Retirement Systems for Federal law enforcement officers to law enforcement officers of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.","title":"A bill to amend chapters 83 and 84 of title 5, United States Code, to extend the civil service retirement provisions of such chapter which are applicable to law enforcement officers.","text_len":5273,"sum_len":299} {"bill_id":"109_s292","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Lock-Box Act of \n2005''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) fiscal pressures will mount as an aging population \n increases the Government's obligations to provide retirement \n income and health services;\n (2) Social Security surpluses should be reserved for \n strengthening and preserving the Social Security Trust Funds; \n and\n (3) preserving Social Security surpluses would restore \n confidence in the long-term financial integrity of Social \n Security.\n (b) Purpose.--It is the purpose of this Act to prevent the Social \nSecurity Trust Funds from being used for any purpose other than \nproviding retirement security.\n\nSEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS.\n\n (a) Protection of Social Security.--Title III of the Congressional \nBudget Act of 1974 is amended by adding at the end the following new \nsection:\n\n ``lock-box for social security\n\n ``Sec. 316. (a) Lock-Box for Social Security.--\n ``(1) Concurrent resolutions on the budget.--\n ``(A) In general.--It shall not be in order in the \n House of Representatives or the Senate to consider any \n concurrent resolution on the budget, or an amendment \n thereto or conference report thereon, that would set \n forth totals for any fiscal year with respect to the \n Social Security Trust Funds that are less than the \n totals of the Social Security Trust Funds for that \n fiscal year as calculated in accordance with a current \n services baseline.\n ``(B) Exception.--(i) Subparagraph (A) shall not \n apply to the extent that a violation of such \n subparagraph would result from an assumption in the \n resolution, amendment, or conference report, as \n applicable, of an increase in outlays or a decrease in \n revenues and disbursements relative to the baseline \n underlying that resolution for social security reform \n legislation for any such fiscal year.\n ``(ii) If a concurrent resolution on the budget, or \n an amendment thereto or conference report thereon, \n would be in violation of subparagraph (A) because of an \n assumption of an increase in outlays or a decrease in \n revenue relative to the baseline underlying that \n resolution for social security reform legislation for \n any such fiscal year, then that resolution shall \n include a statement identifying any such increase in \n outlays or decrease in revenues and disbursements.\n ``(2) Spending and tax legislation.--\n ``(A) In general.--It shall not be in order in the \n House of Representatives or the Senate to consider any \n bill, joint resolution, amendment, motion, or \n conference report if--\n ``(i) the enactment of that bill or \n resolution, as reported;\n ``(ii) the adoption and enactment of that \n amendment; or\n ``(iii) the enactment of that bill or \n resolution in the form recommended in that \n conference report,\n would cause the totals for any fiscal year covered by \n the most recently agreed to concurrent resolution on \n the budget with respect to the Social Security Trust \n Funds to be less than the totals of the Social Security \n Trust Funds for that fiscal year as calculated in \n accordance with the current services baseline.\n ``(B) Exception.--Subparagraph (A) shall not apply \n to social security reform legislation.\n ``(b) Enforcement.--For purposes of enforcing any point of order \nunder subsection (a), the totals of the Social Security Trust Funds for \na fiscal year shall be the levels set forth in the later of the report \naccompanying the concurrent resolution on the budget (or, in the \nabsence of such a report, placed in the Congressional Record prior to \nthe consideration of such resolution) or in the joint explanatory \nstatement of managers accompanying such resolution.\n ``(c) Additional Content of Reports Accompanying Budget Resolutions \nand of Joint Explanatory Statements.--The report accompanying any \nconcurrent resolution on the budget and the joint explanatory statement \naccompanying the conference report on each such resolution shall \ninclude the levels of the totals in the budget for each fiscal year set \nforth in such resolution and of the revenues and disbursements in the \nSocial Security Trust Funds.\n ``(d) Definitions.--As used in this section, the term `social \nsecurity reform legislation' means a bill or a joint resolution to save \nsocial security that includes a provision stating the following: `For \npurposes of section 316(a) of the Congressional Budget Act of 1974, \nthis Act constitutes social security reform legislation.'.\n ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended \nin the Senate only by an affirmative vote of three-fifths of the \nMembers, duly chosen and sworn. An affirmative vote of three-fifths of \nthe Members of the Senate, duly chosen and sworn, shall be required in \nthe Senate to sustain an appeal of the ruling of the Chair on a point \nof order raised under this section.\n ``(f) Effective Date.--This section shall cease to have any force \nor effect upon the enactment of social security reform legislation.''.\n (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by adding after the item for section 315 the following:\n\n``Sec. 316. Lock-box for social security.''.\n\nSEC. 4. PRESIDENT'S BUDGET.\n\n (a) Protection of Social Security.--If the budget of the United \nStates Government submitted by the President under section 1105(a) of \ntitle 31, United States Code, recommends totals for any fiscal year \nwith respect to the Social Security Trust Funds that are less than the \ntotals of the Social Security Trust Funds for that fiscal year as \ncalculated in accordance with current services baseline, then it shall \ninclude a detailed proposal for social security reform legislation.\n (b) Effective Date.--Subsection (a) shall cease to have any force \nor effect upon the enactment of social security reform legislation as \ndefined by section 316(d) of the Congressional Budget Act of 1974.","summary":"Social Security Lock-Box Act of 2005 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. Or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any Federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines Social Security reform legislation as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation.","title":"A bill to establish a procedure to safeguard the Social Security Trust Funds.","text_len":6956,"sum_len":1105} {"bill_id":"111_hr1650","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Troubled Asset Relief Program \nEnhancement Act''.\n\nSEC. 2. ENHANCED OVERSIGHT OF THE TARP.\n\n (a) In General.--Section 116 of the Emergency Economic \nStabilization Act of 2008 (12 U.S.C. 5226) is amended--\n (1) in subsection (a)(1)(A)--\n (A) in clause (iii), by striking ``and'' at the \n end;\n (B) in clause (iv), by striking the period at the \n end and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(v) public accountability for the \n exercise of such authority, including with \n respect to actions taken by those entities \n participating in programs established under \n this Act.''; and\n (2) in subsection (a)(2)--\n (A) by redesignating subparagraph (C) as \n subparagraph (E); and\n (B) by striking subparagraph (B) and inserting the \n following:\n ``(B) Access to records.--\n ``(i) In general.--Notwithstanding any \n other provision of law, and for purposes of \n reviewing the performance of the Troubled Asset \n Relief Program, the Comptroller General shall \n have access, upon request, to any information, \n data, schedules, books, accounts, financial \n records, reports, files, electronic \n communications, or other papers, things, or \n property belonging to or in use by the TARP, \n any entity established by the Secretary under \n this Act, or any entity participating in a \n program established under the authority of this \n Act, and to the officers, employees, directors, \n independent public accountants, financial \n advisors and any and all other agents and \n representatives thereof, at such time as the \n Comptroller General may request.\n ``(ii) Verification.--The Comptroller \n General shall be afforded full facilities for \n verifying transactions with the balances or \n securities held by, among others, depositories, \n fiscal agents, and custodians.\n ``(iii) Copies.--The Comptroller General \n may make and retain copies of such books, \n accounts, and other records as the Comptroller \n General deems appropriate.\n ``(C) Agreement by entities.--Each contract, term \n sheet, or other agreement between the Secretary or the \n TARP (or any TARP vehicle, officer, director, employee, \n independent public accountant, financial advisor, or \n other TARP agent or representative) and an entity \n participating in a program established under this Act \n shall provide for access by the Comptroller General in \n accordance with this section.\n ``(D) Restriction on public disclosure.--\n ``(i) In general.--The Comptroller General \n may not publicly disclose proprietary or trade \n secret information obtained under this section.\n ``(ii) Exception for congressional \n committees.--This subparagraph does not limit \n disclosures to congressional committees or \n members thereof having jurisdiction over any \n private or public entity participating in a \n program established under this Act.\n ``(iii) Rule of construction.--Nothing in \n this section shall be construed to alter or \n amend the prohibitions against the disclosure \n of trade secrets or other information \n prohibited by section 1905 of title 18, United \n States Code, or other applicable provisions of \n law.''.\n (b) Authorization of Appropriation.--There is authorized to be \nappropriated to the Comptroller General of the United States for each \nof fiscal years 2010 and 2011 an additional amount not to exceed \n$5,000,000 to cover any additional expenses incurred in carrying out \nthe responsibilities of the Comptroller General under section 116 of \nthe Emergency Economic Stabilization Act of 2008 with respect to the \nTroubled Asset Relief Program.","summary":"Troubled Asset Relief Program Enhancement Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Comptroller General to oversee the performance of the Troubled Asset Relief Program (TARP) in meeting EESA purposes involving public accountability for the exercise of its authority. Grants the Comptroller General access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under EESA, or any entity participating in a program established under EESA, and to any of their officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives. Requires the Comptroller General to be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Prohibits the Comptroller General from disclosing publicly any proprietary or trade secret information obtained under this Act.","title":"To enhance the oversight authority of the Comptroller General of the United States with respect to expenditures under the Troubled Asset Relief Program.","text_len":5056,"sum_len":1124} {"bill_id":"115_hr6259","text":"SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.\n\n (a) Short Title.--This Act may be cited as the ``Make Education \nLocal Act of 2018''.\n (b) Purpose.--The purposes of this Act are as follows:\n (1) To give States and local communities added flexibility \n and control to determine how to improve academic achievement \n and implement education policy.\n (2) To reduce the administrative costs and compliance \n burden of Federal education programs in order to focus Federal \n resources on improving academic achievement.\n (3) To ensure that States and communities are accountable \n to the public and to parents for advancing the academic \n achievement of all students, especially disadvantaged children.\n (c) Definitions.--\n (1) In general.--Except as otherwise provided, the terms \n used in this Act have the meanings given the terms in section \n 9101 of the Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 7801 et seq.).\n (2) Other terms.--In this Act:\n (A) Accountability.--The term ``accountability'' \n means that public schools are answerable to parents and \n other taxpayers for the use of public funds and shall \n report student academic progress to parents and \n taxpayers regularly.\n (B) State.--The term ``State'' has the meaning \n given such term in section 1122(e) of the Elementary \n and Secondary Education Act of 1965 (20 U.S.C. \n 6332(e)).\n (C) State management decision.--The term ``State \n management decision'' means a decision by a State, as \n determined by State Authorizing Officials or by \n referendum, to assume full management responsibility \n for the expenditure of Federal funds for certain \n eligible programs for the purpose of advancing, on a \n more comprehensive and effective basis, the educational \n policy of such State.\n (D) State authorizing officials.--The term ``State \n Authorizing Officials'' means the State officials who \n shall authorize the submission of a State management \n decision, and any amendments thereto, on behalf of the \n State. Such officials shall include not less than 2 of \n the following:\n (i) The governor of the State.\n (ii) The highest elected education official \n of the State, if any.\n (iii) The legislature of the State.\n (E) State designated officer.--The term ``State \n Designated Officer'' means the person designated by the \n State Authorizing Officials to submit to the Secretary, \n on behalf of the State, a State management decision, \n and any amendments thereto, and to function as the \n point-of-contact for the State for the Secretary and \n others relating to any responsibilities arising under \n this Act.\n\nSEC. 2. STATE MANAGEMENT DECISION.\n\n (a) In General.--Each State is authorized to submit to the \nSecretary a State management decision permitting the State to receive \nFederal funds on a consolidated basis to manage the expenditure of such \nfunds to advance the educational policy of the State.\n (b) Programs Eligible for Consolidation and Permissible Use of \nFunds.--\n (1) Scope.--A State may choose to include within the scope \n of the State management decision of the State any program for \n which Congress makes funds available to the State if the \n program is for a purpose described in the Elementary and \n Education Secondary Act of 1965 (20 U.S.C. 6301). A State may \n not include any program funded pursuant to the Individuals with \n Disabilities Education Act (20 U.S.C. 1400 et seq.).\n (2) Uses of funds.--Funds made available to a State \n pursuant to a State management decision under this Act shall be \n used for any educational purpose permitted by State law of the \n State submitting a State management decision.\n (3) Removal of fiscal and accounting barriers.--Each State \n educational agency that operates under a State management \n decision under this Act may modify or eliminate State fiscal \n and accounting barriers that prevent local educational agencies \n and schools from easily consolidating funds from other eligible \n Federal, State, and local sources in order to improve \n educational opportunities and reduce unnecessary fiscal and \n accounting requirements.\n (c) Contents of Decision.--Each State management decision shall \ncontain--\n (1) a list of eligible programs that are subject to the \n State management decision;\n (2) an assurance that the submission of the State \n management decision has been authorized by the State \n Authorizing Officials, specifying the identity of the State \n Designated Officer;\n (3) the duration of the State management decision;\n (4) an assurance that the State will use fiscal control and \n fund accounting procedures;\n (5) an assurance that the State will meet the requirements \n of applicable Federal civil rights laws in carrying out the \n State management decision and in consolidating and using the \n funds under the State management decision;\n (6) an assurance that in implementing the State management \n decision the State will seek to advance educational \n opportunities for the disadvantaged;\n (7) a description of the plan for maintaining direct \n accountability to parents and other citizens of the State;\n (8) an assurance that in implementing the State management \n decision, the State will seek to use Federal funds to \n supplement, rather than supplant, State education funding; and\n (9) a description of how the State will address \n persistently failing public schools.\n (d) Minimum Duration.--The duration of the State management \ndecision shall--\n (1) be greater than or equal to 5 years; and\n (2) be less than or equal to 10 years.\n (e) Review, Implementation, and Recognition by the Secretary.--\n (1) In general.--The Secretary shall review the State \n management decision received from the State Designated Officer \n not more than 60 days after the date of receipt of such \n decision, and shall approve, with respect to permitting the \n State to receive the funds described in subsection (a), such \n State management decision unless the State management decision \n fails to meet the requirements under subsection (c).\n (2) Recognition by operation of law.--If the Secretary \n fails to take action within the time specified in paragraph \n (1), the State management decision, as submitted, shall be \n deemed to be approved.\n (f) Amendment to State Management Decision.--\n (1) In general.--The State Authorizing Officials may direct \n the State Designated Officer to submit amendments to a State \n management decision that is in effect. Such amendments shall be \n submitted to the Secretary and considered by the Secretary in \n accordance with subsection (e).\n (2) Amendments authorized.--A State management decision \n that is in effect may be amended to--\n (A) expand the scope of such State management \n decision to encompass additional eligible programs;\n (B) reduce the scope of such State management \n decision by excluding coverage of a Federal program \n included in the original State management decision;\n (C) modify the duration of such State management \n decision; or\n (D) achieve such other modifications as the State \n Authorizing Officials deem appropriate.\n (3) Effective date.--The amendment shall specify an \n effective date. Such effective date shall provide adequate time \n to assure full compliance with Federal program requirements \n relating to an eligible program that has been removed from the \n coverage of the State management decision by the proposed \n amendment.\n (4) Treatment of program funds withdrawn from state \n management decision.--Beginning on the effective date of an \n amendment executed under paragraph (2)(B), each program \n requirement of each program removed from the State management \n decision shall apply to the State's use of funds made available \n under the program.\n\nSEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.\n\n (a) In General.--Each State operating under a State management \ndecision under this Act shall inform parents and the general public \nregarding the student achievement assessment system, demonstrating \nstudent progress relative to the State's determination of student \nproficiency, as described in paragraph (2), for the purpose of public \naccountability to parents and taxpayers.\n (b) Accountability System.--\n (1) In general.--The State shall determine and establish an \n accountability system to ensure accountability under this Act.\n (2) Academic achievement.--Any accountability system \n established by a State pursuant paragraph (1) shall--\n (A) be focused on the academic achievement of \n students; and\n (B) include a system, as determined by the State, \n of evaluating the academic achievement and progress of \n students.\n (c) Report on Student Progress.--Not later than 1 year after the \neffective date of the State management decision, and annually \nthereafter, a State shall, in a format acceptable to such State, \ndisseminate widely to parents and the general public a report that \ndescribes student progress. The report shall include--\n (1) student performance data disaggregated by various \n student groups, as determined by the State;\n (2) a description of other high-quality school options \n available to parents in the State; and\n (3) a description of how the State has used Federal funds \n to improve academic achievement, reduce achievement disparities \n between various student groups, and improve educational \n opportunities.\n\nSEC. 4. ADMINISTRATIVE EXPENSES.\n\n (a) In General.--Except as provided in subsection (b), the amount \nthat a State with a State management decision may expend for \nadministrative expenses shall be limited to 1 percent of the aggregate \namount of Federal funds made available to the State through the \neligible programs included within the scope of such State management \ndecision.\n (b) States Not Consolidating Funds Under Part A of Title I.--If the \nState management decision does not include within its scope part A of \ntitle I of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 6311 et seq.), the amount spent by the State on administrative \nexpenses shall be limited to 3 percent of the aggregate amount of \nFederal funds made available to the State pursuant to such State \nmanagement decision.\n\nSEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.\n\n Each State consolidating and using funds pursuant to a State \nmanagement decision under this Act shall provide for the participation \nof private school children and teachers in the activities assisted \nunder the State management decision in the same manner as participation \nis provided to private school children and teachers under section 9501 \nof the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).","summary":"Make Education Local Act of 2018 This bill authorizes each state thatnbsp. Submits to the Department of Education a state management decision to receive federal education funding on a consolidated basis. A state may use funding received pursuant to such a decision for any educational purpose. Each state management decision shall contain specified information, including: (1) a list of programs that are subject to the state management decision, and (2) a description of how the state will address persistently failing public schools. Each state operating under a state management decision shall: (1) establish an accountability system focused on assessing the academic achievement of students, (2) inform the public regarding the student-achievement assessment system, (3) report annuallynbsp, to parents and the general publicnbsp, on student progressnbsp, and other school options available innbsp. The state, and (4) provide for the equitable program participation of private-school children and teachers in the same manner as provided under current law.","title":"Make Education Local Act of 2018","text_len":12264,"sum_len":1059} {"bill_id":"109_s3638","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``The Water \nRecycling and Riverside-Corona Feeder Act of 2006''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE\n\nSec. 102. Short title.\nSec. 103. Inland Empire and Cucamonga Valley recycling projects.\n TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES\n\nSec. 201. Planning, design, and construction of the Riverside-Corona \n Feeder.\nSec. 202. Project authorizations.\n\n TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE\n\nSEC. 102. SHORT TITLE.\n\n This title may be cited as the ``The Inland Empire Regional Water \nRecycling Initiative''.\n\nSEC. 103. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING PROJECTS.\n\n (a) Recycling Projects.--The Reclamation Wastewater and Groundwater \nStudy and Facilities Act (Public Law 102-575, Title XVI; 43 U.S.C. 390h \net seq.) is amended by adding at the end the following:\n\n``SEC. 1637. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.\n\n ``(a) In General.--The Secretary, in cooperation with the Inland \nEmpire Utilities Agency, may participate in the design, planning, and \nconstruction of the Inland Empire regional water recycling project \ndescribed in the report submitted under section 1606(c).\n ``(b) Cost Sharing.--The Federal share of the cost of the project \ndescribed in subsection (a) shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--Funds provided by the Secretary shall not be \nused for operation and maintenance of the project described in \nsubsection (a).\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $20,000,000.\n\n``SEC. 1638. CUCAMONGA VALLEY WATER RECYCLING PROJECT.\n\n ``(a) In General.--The Secretary, in cooperation with the Cucamonga \nValley Water District, may participate in the design, planning, and \nconstruction of the Cucamonga Valley Water District satellite recycling \nplants in Rancho Cucamonga, California, to reclaim and recycle \napproximately 2 million gallons per day of domestic wastewater.\n ``(b) Cost Sharing.--The Federal share of the cost of the project \ndescribed in subsection (a) shall not exceed 25 percent of the capital \ncost of the project.\n ``(c) Limitation.--Funds provided by the Secretary shall not be \nused for operation and maintenance of the project described in \nsubsection (a).\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $10,000,000.''.\n (b) Conforming Amendments.--The table of sections in section 2 of \nPublic Law 102-575 is amended by inserting after the item relating to \nsection 1636 the following:\n\n``Sec. 1637. Inland Empire Regional Water Recycling Program.\n``Sec. 1638. Cucamonga Valley Water Recycling Project.''.\n\n TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES\n\nSEC. 201. PLANNING, DESIGN, AND CONSTRUCTION OF THE RIVERSIDE-CORONA \n FEEDER.\n\n (a) In General.--The Secretary of the Interior, in cooperation with \nthe Western Municipal Water District, may participate in a project to \nplan, design, and construct a water supply project, the Riverside-\nCorona Feeder, which includes 20 groundwater wells and 28 miles of \npipeline in San Bernardino and Riverside Counties, California.\n (b) Agreements and Regulations.--The Secretary may enter into such \nagreements and promulgate such regulations as are necessary to carry \nout this section.\n (c) Federal Cost Share.--\n (1) Planning, design, construction.--The Federal share of \n the cost to plan, design, and construct the project described \n in subsection (a) shall be the lesser of 35 percent of the \n total cost of the project or $50,000,000.\n (2) Studies.--The Federal share of the cost to complete the \n necessary planning study associated with the project described \n in subsection (a) shall not exceed 50 percent of the total \n study cost.\n (d) In-Kind Services.--In-kind services performed by the Western \nMunicipal Water District shall be considered a part of the local cost \nshare to complete the project described in subsection (a).\n (e) Limitation.--Funds provided by the Secretary under this section \nshall not be used for operation or maintenance of the project described \nin subsection (a).\n\nSEC. 202. PROJECT AUTHORIZATIONS.\n\n (a) In General.--The Reclamation Wastewater and Groundwater Study \nand Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et \nseq.) is amended by adding at the end the following:\n\n``SEC. 163X. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the \nYucaipa Valley Water District, may participate in the design, planning, \nand construction of projects to treat impaired surface water, reclaim \nand reuse impaired groundwater, and provide brine disposal within the \nSanta Ana Watershed described in the report submitted under section \n1606.\n ``(b) Cost Sharing.--The Federal share of the cost of the project \ndescribed in subsection (a) shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--Funds provided by the Secretary shall not be \nused for operation or maintenance of the project described in \nsubsection (a).\n ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $20,000,000.\n\n``SEC. 163X. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING \n AND REUSE PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Corona Water Utility, California, is authorized to participate in \nthe design, planning, and construction of, and land acquisition for, a \nproject to reclaim and reuse wastewater, including degraded \ngroundwaters, within and outside of the service area of the City of \nCorona Water Utility, California.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.''.\n (b) Conforming Amendments.--The table of sections in section 2 of \nPublic Law 102-575 is amended by inserting after the item relating to \nsection 163_ the following:\n\n``Sec. 163x. Yucaipa Valley Regional Water Supply Renewal Project.\n``Sec. 163x. City of Corona Water Utility, California, water recycling \n and reuse project.''.","summary":"Water Recycling and Riverside-Corona Feeder Act of 2006 - Inland Empire Regional Water Recycling Initiative - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction (design) of the Inland Empire regional water recycling project, California. (2) in cooperation with the Cucamonga Valley Water District, to participate in the design of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga to reclaim and recycle approximately two million gallons per day of domestic wastewater. (3) in cooperation with the Yucaipa Valley Water District, to participate in the design of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed. And (4) in cooperation with the City of Corona Water Utility, to participate in the design of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the City. Limits the federal cost share of each project to 25. Authorizes the Secretary, in cooperation with the Western Municipal Water District, to participate in a project to design the Riverside-Corona Feeder, which includes 20 groundwater wells and 28 miles of pipeline in San Bernardino and Riverside Counties, California. Limits the federal share of the project design and planning study costs.","title":"A bill to encourage the Secretary of the Interior to participate in projects to plan, design, and construct water supply projects and to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to encourage the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal in the State of California.","text_len":6779,"sum_len":1539} {"bill_id":"109_hr5574","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Hospital GME Support \nReauthorization Act of 2006''.\n\nSEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE \n GRADUATE MEDICAL EDUCATION PROGRAMS.\n\n (a) In General.--Section 340E of the Public Health Service Act (42 \nU.S.C. 256e) is amended--\n (1) in subsection (a), by inserting ``and each of fiscal years \n 2007 through 2011'' after ``for each of fiscal years 2000 through \n 2005'';\n (2) in subsection (e)(1), by striking ``26'' and inserting \n ``12'';\n (3) in subsection (f)(1)(A)--\n (A) in clause (ii), by striking ``and'' at the end;\n (B) in clause (iii), by striking the period at the end and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(iv) for each of fiscal years 2007 through 2011, \n $110,000,000.''; and\n (4) in subsection (f)(2)--\n (A) in the matter before subparagraph (A), by striking \n ``subsection (b)(1)(A)'' and inserting ``subsection \n (b)(1)(B)'';\n (B) in subparagraph (B), by striking ``and'' at the end;\n (C) in subparagraph (C), by striking the period at the end \n and inserting ``; and''; and\n (D) by adding at the end the following:\n ``(D) for each of fiscal years 2007 through 2011, \n $220,000,000.''.\n (b) Reduction in Payments for Failure To File Annual Report.--\nSubsection (b) of section 340E of the Public Health Service Act (42 \nU.S.C. 256e) is amended--\n (1) in paragraph (1), in the matter before subparagraph (A), by \n striking ``paragraph (2)'' and inserting ``paragraphs (2) and \n (3)''; and\n (2) by adding at the end the following:\n ``(3) Annual reporting required.--\n ``(A) Reduction in payment for failure to report.--\n ``(i) In general.--The amount payable under this \n section to a children's hospital for a fiscal year \n (beginning with fiscal year 2008 and after taking into \n account paragraph (2)) shall be reduced by 25 percent if \n the Secretary determines that--\n\n ``(I) the hospital has failed to provide the \n Secretary, as an addendum to the hospital's application \n under this section for such fiscal year, the report \n required under subparagraph (B) for the previous fiscal \n year; or\n ``(II) such report fails to provide the information \n required under any clause of such subparagraph.\n\n ``(ii) Notice and opportunity to provide missing \n information.--Before imposing a reduction under clause (i) \n on the basis of a hospital's failure to provide information \n described in clause (i)(II), the Secretary shall provide \n notice to the hospital of such failure and the Secretary's \n intention to impose such reduction and shall provide the \n hospital with the opportunity to provide the required \n information within a period of 30 days beginning on the \n date of such notice. If the hospital provides such \n information within such period, no reduction shall be made \n under clause (i) on the basis of the previous failure to \n provide such information.\n ``(B) Annual report.--The report required under this \n subparagraph for a children's hospital for a fiscal year is a \n report that includes (in a form and manner specified by the \n Secretary) the following information for the residency academic \n year completed immediately prior to such fiscal year:\n ``(i) The types of resident training programs that the \n hospital provided for residents described in subparagraph \n (C), such as general pediatrics, internal medicine\/\n pediatrics, and pediatric subspecialties, including both \n medical subspecialties certified by the American Board of \n Pediatrics (such as pediatric gastroenterology) and non-\n medical subspecialties approved by other medical \n certification boards (such as pediatric surgery).\n ``(ii) The number of training positions for residents \n described in subparagraph (C), the number of such positions \n recruited to fill, and the number of such positions filled.\n ``(iii) The types of training that the hospital \n provided for residents described in subparagraph (C) \n related to the health care needs of different populations, \n such as children who are underserved for reasons of family \n income or geographic location, including rural and urban \n areas.\n ``(iv) The changes in residency training for residents \n described in subparagraph (C) which the hospital has made \n during such residency academic year (except that the first \n report submitted by the hospital under this subparagraph \n shall be for such changes since the first year in which the \n hospital received payment under this section), including--\n\n ``(I) changes in curricula, training experiences, \n and types of training programs, and benefits that have \n resulted from such changes; and\n ``(II) changes for purposes of training the \n residents in the measurement and improvement of the \n quality and safety of patient care.\n\n ``(v) The numbers of residents described in \n subparagraph (C) who completed their residency training at \n the end of such residency academic year and care for \n children within the borders of the service area of the \n hospital or within the borders of the State in which the \n hospital is located. Such numbers shall be disaggregated \n with respect to residents who completed residencies in \n general pediatrics or internal medicine\/pediatrics, \n subspecialty residencies, and dental residencies.\n ``(C) Residents.--The residents described in this \n subparagraph are those who--\n ``(i) are in full-time equivalent resident training \n positions in any training program sponsored by the \n hospital; or\n ``(ii) are in a training program sponsored by an entity \n other than the hospital, but who spend more than 75 percent \n of their training time at the hospital.\n ``(D) Report to congress.--Not later than the end of fiscal \n year 2011, the Secretary, acting through the Administrator of \n the Health Resources and Services Administration, shall submit \n a report to the Congress--\n ``(i) summarizing the information submitted in reports \n to the Secretary under subparagraph (B);\n ``(ii) describing the results of the program carried \n out under this section; and\n ``(iii) making recommendations for improvements to the \n program.''.\n (c) Technical Amendments.--Section 340E of the Public Health \nService Act (42 U.S.C. 256e) is further amended--\n (1) in subsection (c)(2)(E)(ii), by striking ``described in \n subparagraph (C)(ii)'' and inserting ``applied under section \n 1886(d)(3)(E) of the Social Security Act for discharges occurring \n during the preceding fiscal year'';\n (2) in subsection (e)(2), by striking the first sentence; and\n (3) in subsection (e)(3), by striking ``made to pay'' and \n inserting ``made and pay''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Children's Hospital GME Support Reauthorization Act of 2006 - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services to make payments for FY2007-FY2011 to children's hospitals for expenses associated with operating approved graduate medical residency training programs. And (2) decrease from 26 to 12 the number of interim payments to hospitals per fiscal year. Requires a 25 reduction in the amount payable for residency training programs for children's hospitals that do not provide an annual report to the Secretary for the previous fiscal year or that do not provide an annual report that includes all of the required information. Requires an annual report to include: (1) the types of residency training programs that the hospital provided for residents, (2) the number of training positions for residents. (3) the changes the hospital made in residency training for residents during the academic year. And (4) the number of residents who completed their residency training at the end of the academic year and care for children within the borders of the service area of the hospital or within the state. Requires the Secretary to provide notice and an opportunity for a hospital to provide additional information before imposing the reduction. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to report to Congress on the residency training programs.","title":"To amend the Public Health Service Act to reauthorize support for graduate medical education programs in children's hospitals.","text_len":8129,"sum_len":1464} {"bill_id":"111_s1676","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Affordable Housing Preservation and \nRevitalization Act of 2009''.\n\nSEC. 2. AFFORDABLE HOUSING PRESERVATION AND REVITALIZATION PROGRAM.\n\n Section 8 of the United States Housing Act of 1937 (42 U.S.C. \n1437f) is amended by adding at the end the following:\n ``(ff) Affordable Housing Preservation and Revitalization \nProgram.--\n ``(1) In general.--The Secretary of Housing and Urban \n Development shall ensure that funds in the residual receipts \n account of an eligible multifamily housing property are \n transferred, at the time of a qualified sale or exchange, to a \n preservation entity.\n ``(2) Purpose.--The purpose of this subsection is to \n facilitate the transfer of multifamily housing projects with \n expiring housing assistance payments contracts to preservation \n entities that are committed to maintaining the affordability \n and preservation of such projects by allowing expanded access \n to existing residual receipts to assist with the acquisition \n and rehabilitation of the project.\n ``(3) Use of funds.--A preservation entity that acquires an \n eligible multifamily housing property through a qualified sale \n shall, subject to the approval of the housing agency, use the \n funds in the residual receipts account transferred to it, or \n for its benefit--\n ``(A) to pay for rehabilitation costs approved by \n the housing agency;\n ``(B) to deposit funds into the replacement reserve \n account of the property;\n ``(C) to pay for social and other services that \n directly benefit the tenants of such property, but in \n any 1 year such payments may not exceed 10 percent of \n the balance of the residual receipts account of the \n property at the end of the prior fiscal year;\n ``(D) to pay for costs associated with the \n acquisition of the property, but such payments may not \n exceed 50 percent of the amount in the residual \n receipts account of the property at the time of \n acquisition; and\n ``(E) to pay for any other costs that have been \n approved by the housing agency and will directly \n benefit the tenants of the property.\n ``(4) Definitions.--In this subsection, the following \n definitions shall apply:\n ``(A) Affordability and use restrictions.--The term \n `affordability and use restrictions' means the \n affordability and use restrictions in connection with \n project-based housing assistance payments made under \n this section.\n ``(B) Extended use period.--The term `extended use \n period' means the later of--\n ``(i) 30 years after the close of the sale \n of an eligible multifamily housing property to \n a preservation entity, or\n ``(ii) upon the expiration of the remaining \n useful life of the eligible multifamily \n property taking into account any rehabilitation \n undertaken in connection with the acquisition \n of said property by the preservation entity, as \n such remaining useful life is determined by the \n housing agency,\n provided that, such extended use period shall terminate \n in the event that the Secretary of Housing and Urban \n Development is unable to provide Section 8 assistance \n on terms at least as advantageous to the preservation \n entity as exist at the time of the acquisition of such \n eligible multifamily housing property.\n ``(C) Eligible multifamily housing property.--The \n term `eligible multifamily housing property' means a \n project that--\n ``(i) is receiving project-based housing \n assistance payments under this section; and\n ``(ii) was financed pursuant to part 883 of \n title 24, Code of Federal Regulations, on or \n after February 29, 1980.\n ``(D) Housing agency.--The term `housing agency' \n means, with respect to any eligible multifamily housing \n property, the housing agency which administers housing \n assistance with respect to such property.\n ``(E) Preservation entity.--The term `preservation \n entity' means an entity--\n ``(i) that is--\n ``(I) a nonprofit corporation under \n State law that is exempt from Federal \n income taxation pursuant to paragraph \n (3) or (4) of section 501(c) of the \n Internal Revenue Code of 1986; or\n ``(II) a limited partnership or \n limited liability company where the \n sole general partner or sole managing \n member of such ownership entity is a \n nonprofit corporation under State law \n which is exempt from Federal income \n taxation pursuant to paragraphs (3) or \n (4) of section 501(c) of the Internal \n Revenue Code of 1986; and\n ``(ii) approved by the housing agency that \n has the capacity to acquire and preserve an \n eligible multifamily housing property.\n ``(F) Qualified sale.--\n ``(i) In general.--The term `qualified \n sale' means the sale of an eligible multifamily \n housing property to a preservation entity which \n agrees to maintain affordability and use \n restrictions regarding the property that are--\n ``(I) for a term of not less than \n the extended use period; and\n ``(II) legally enforceable.\n ``(ii) Future applicability of \n restrictions.--The restrictions under \n subparagraph (A) shall be--\n ``(I) binding on all successors and \n assigns of the preservation entity; and\n ``(II) recorded as a restrictive \n covenant on the property pursuant to \n State law.\n ``(G) Residual receipts.--The term `residual \n receipts' means--\n ``(i) funds generated by a property in \n excess of the amount needed for operating \n expenses, operating reserve requirements, and \n allowable distributions to project owners; and\n ``(ii) includes any other funds that the \n Secretary, in his or her discretion, designates \n as residual receipts.\n ``(5) Residual receipts not treated as federal funds.--For \n the purposes of section 42 of the Internal Revenue Code of \n 1986, residual receipts used or transferred under this section \n shall not be considered Federal funds.''.","summary":"Affordable Housing Preservation and Revitalization Act of 2009 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities. Requires that funds in the residual receipts account be used, subject to housing agency approval, to: (1) pay for rehabilitation costs approved by the housing agency, (2) deposit funds into the property's replacement reserve account. And (3) pay for social and other services, associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. Defines preservation entity as: (1) a nonprofit tax-exempt corporation. Or (2) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit tax-exempt corporation. And (3) that has the capacity to acquire and preserve an eligible multifamily housing property. States that, for purposes of the low-income housing credit under the Internal Revenue Code, residual receipts used or transferred under this Act shall not be considered federal funds.","title":"A bill to allow for the use of existing section 8 housing funds so as to preserve and revitalize affordable housing options for low-income individuals.","text_len":8146,"sum_len":1300} {"bill_id":"109_hr3083","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protection of Homes, Small \nBusinesses, and Private Property Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The protection of homes, small businesses, and other \n private property rights against government seizures and other \n unreasonable government interference is a fundamental principle \n and core commitment of our Nation's Founders.\n (2) As Thomas Jefferson wrote on April 6, 1816, the \n protection of such rights is ``the first principle of \n association, the guarantee to every one of a free exercise of \n his industry, and the fruits acquired by it''.\n (3) The Fifth Amendment of the United States Constitution \n specifically provides that ``private property'' shall not ``be \n taken for public use without just compensation''.\n (4) The Fifth Amendment thus provides an essential \n guarantee of liberty against the abuse of the power of eminent \n domain, by permitting government to seize private property only \n ``for public use''.\n (5) On June 23, 2005, the United States Supreme Court \n issued its decision in Kelo v. City of New London, No. 04-108.\n (6) As the Court acknowledged, ``it has long been accepted \n that the sovereign may not take the property of A for the sole \n purpose of transferring it to another private party B'', and \n that under the Fifth Amendment, the power of eminent domain may \n be used only ``for public use''.\n (7) The Court nevertheless held, by a 5-4 vote, that \n government may seize the home, small business, or other private \n property of one owner, and transfer that same property to \n another private owner, simply by concluding that such a \n transfer would benefit the community through increased economic \n development.\n (8) The Court's decision in Kelo is alarming because, as \n Justice O'Connor accurately noted in her dissenting opinion, \n joined by the Chief Justice and Justices Scalia and Thomas, the \n Court has ``effectively . . . delete[d] the words `for public \n use' from the Takings Clause of the Fifth Amendment'' and \n thereby ``refus[ed] to enforce properly the Federal \n Constitution''.\n (9) Under the Court's decision in Kelo, Justice O'Connor \n warns, ``[t]he specter of condemnation hangs over all property. \n Nothing is to prevent the State from replacing any Motel 6 with \n a Ritz-Carlton, any home with a shopping mall, or any farm with \n a factory''.\n (10) Justice O'Connor further warns that, under the Court's \n decision in Kelo, ``[a]ny property may now be taken for the \n benefit of another private party'', and ``the fallout from this \n decision will not be random. The beneficiaries are likely to be \n those citizens with disproportionate influence and power in the \n political process, including large corporations and development \n firms. As for the victims, the government now has license to \n transfer property from those with fewer resources to those with \n more. The Founders cannot have intended this perverse result''.\n (11) As an amicus brief filed by the National Association \n for the Advancement of Colored People, AARP, and other \n organizations noted, ``[a]bsent a true public use requirement \n the takings power will be employed more frequently. The takings \n that result will disproportionately affect and harm the \n economically disadvantaged and, in particular, racial and \n ethnic minorities and the elderly''.\n (12) It is appropriate for Congress to take action, \n consistent with its limited powers under the Constitution, to \n restore the vital protections of the Fifth Amendment and to \n protect homes, small businesses, and other private property \n rights against unreasonable government use of the power of \n eminent domain.\n (13) It would also be appropriate for States to take action \n to voluntarily limit their own power of eminent domain. As the \n Court in Kelo noted, ``nothing in our opinion precludes any \n State from placing further restrictions on its exercise of the \n takings power''.\n\nSEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE \n PROPERTY RIGHTS.\n\n (a) In General.--The power of eminent domain shall be available \nonly for public use.\n (b) Public Use.--In this Act, the term ``public use'' shall not be \nconstrued to include economic development.\n (c) Application.--This Act shall apply to--\n (1) all exercises of eminent domain power by the Federal \n Government; and\n (2) all exercises of eminent domain power by State and \n local government through the use of Federal funds.","summary":"Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds.","title":"To protect homes, small businesses, and other private property rights, by limiting the power of eminent domain.","text_len":5081,"sum_len":370} {"bill_id":"115_s1105","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Miners Pension Protection Act''.\n\nSEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN.\n\n (a) In General.--Subsection (i) of section 402 of the Surface \nMining Control and Reclamation Act of 1977 (30 U.S.C. 1232), as amended \nby the Further Continuing and Security Assistance Appropriations Act, \n2017, is amended--\n (1) by redesignating paragraph (4) as paragraph (5); and\n (2) by inserting after paragraph (3) the following:\n ``(4) Additional amounts.--\n ``(A) Calculation.--If the dollar limitation \n specified in paragraph (3)(A) exceeds the aggregate \n amount required to be transferred under paragraphs (1) \n and (2) for a fiscal year, the Secretary of the \n Treasury shall transfer an additional amount equal to \n the difference between such dollar limitation and such \n aggregate amount to the trustees of the 1974 UMWA \n Pension Plan to pay benefits required under that plan.\n ``(B) Cessation of transfers.--The transfers \n described in subparagraph (A) shall cease as of the \n first fiscal year beginning after the first plan year \n for which the funded percentage (as defined in section \n 432(i)(2) of the Internal Revenue Code of 1986) of the \n 1974 UMWA Pension Plan is at least 100 percent.\n ``(C) Prohibition on benefit increases, etc.--\n During a fiscal year in which the 1974 UMWA Pension \n Plan is receiving transfers under subparagraph (A), no \n amendment of such plan which increases the liabilities \n of the plan by reason of any increase in benefits, any \n change in the accrual of benefits, or any change in the \n rate at which benefits become nonforfeitable under the \n plan may be adopted unless the amendment is required as \n a condition of qualification under part I of subchapter \n D of chapter 1 of the Internal Revenue Code of 1986.\n ``(D) Treatment of transfers for purposes of \n withdrawal liability under erisa.--The amount of any \n transfer made under subparagraph (A) (and any earnings \n attributable thereto) shall be disregarded in \n determining the unfunded vested benefits of the 1974 \n UMWA Pension Plan and the allocation of such unfunded \n vested benefits to an employer for purposes of \n determining the employer's withdrawal liability under \n section 4201 of the Employee Retirement Income Security \n Act of 1974.\n ``(E) Requirement to maintain contribution rate.--A \n transfer under subparagraph (A) shall not be made for a \n fiscal year unless the persons that are obligated to \n contribute to the 1974 UMWA Pension Plan on the date of \n the transfer are obligated to make the contributions at \n rates that are no less than those in effect on the date \n which is 30 days before the date of enactment of the \n Miners Pension Protection Act.\n ``(F) Enhanced annual reporting.--\n ``(i) In general.--Not later than the 90th \n day of each plan year beginning after the date \n of enactment of the Miners Pension Protection \n Act, the trustees of the 1974 UMWA Pension Plan \n shall file with the Secretary of the Treasury \n or the Secretary's delegate and the Pension \n Benefit Guaranty Corporation a report \n (including appropriate documentation and \n actuarial certifications from the plan actuary, \n as required by the Secretary of the Treasury or \n the Secretary's delegate) that contains--\n ``(I) whether the plan is in \n endangered or critical status under \n section 305 of the Employee Retirement \n Income Security Act of 1974 and section \n 432 of the Internal Revenue Code of \n 1986 as of the first day of such plan \n year;\n ``(II) the funded percentage (as \n defined in section 432(i)(2) of such \n Code) as of the first day of such plan \n year, and the underlying actuarial \n value of assets and liabilities taken \n into account in determining such \n percentage;\n ``(III) the market value of the \n assets of the plan as of the last day \n of the plan year preceding such plan \n year;\n ``(IV) the total value of all \n contributions made during the plan year \n preceding such plan year;\n ``(V) the total value of all \n benefits paid during the plan year \n preceding such plan year;\n ``(VI) cash flow projections for \n such plan year and either the 6 or 10 \n succeeding plan years, at the election \n of the trustees, and the assumptions \n relied upon in making such projections;\n ``(VII) funding standard account \n projections for such plan year and the \n 9 succeeding plan years, and the \n assumptions relied upon in making such \n projections;\n ``(VIII) the total value of all \n investment gains or losses during the \n plan year preceding such plan year;\n ``(IX) any significant reduction in \n the number of active participants \n during the plan year preceding such \n plan year, and the reason for such \n reduction;\n ``(X) a list of employers that \n withdrew from the plan in the plan year \n preceding such plan year, and the \n resulting reduction in contributions;\n ``(XI) a list of employers that \n paid withdrawal liability to the plan \n during the plan year preceding such \n plan year and, for each employer, a \n total assessment of the withdrawal \n liability paid, the annual payment \n amount, and the number of years \n remaining in the payment schedule with \n respect to such withdrawal liability;\n ``(XII) any material changes to \n benefits, accrual rates, or \n contribution rates during the plan year \n preceding such plan year;\n ``(XIII) any scheduled benefit \n increase or decrease in the plan year \n preceding such plan year having a \n material effect on liabilities of the \n plan;\n ``(XIV) details regarding any \n funding improvement plan or \n rehabilitation plan and updates to such \n plan;\n ``(XV) the number of participants \n and beneficiaries during the plan year \n preceding such plan year who are active \n participants, the number of \n participants and beneficiaries in pay \n status, and the number of terminated \n vested participants and beneficiaries;\n ``(XVI) the information contained \n on the most recent annual funding \n notice submitted by the plan under \n section 101(f) of the Employee \n Retirement Income Security Act of 1974;\n ``(XVII) the information contained \n on the most recent Department of Labor \n Form 5500 of the plan; and\n ``(XVIII) copies of the plan \n document and amendments, other \n retirement benefit or ancillary benefit \n plans relating to the plan and \n contribution obligations under such \n plans, a breakdown of administrative \n expenses of the plan, participant \n census data and distribution of \n benefits, the most recent actuarial \n valuation report as of the plan year, \n copies of collective bargaining \n agreements, and financial reports, and \n such other information as the Secretary \n of the Treasury or the Secretary's \n delegate, in consultation with the \n Secretary of Labor and the Director of \n the Pension Benefit Guaranty \n Corporation, may require.\n ``(ii) Electronic submission.--The report \n required under clause (i) shall be submitted \n electronically.\n ``(iii) Information sharing.--The Secretary \n of the Treasury or the Secretary's delegate \n shall share the information in the report under \n clause (i) with the Secretary of Labor.\n ``(iv) Penalty.--Any failure to file the \n report required under clause (i) on or before \n the date described in such clause shall be \n treated as a failure to file a report required \n to be filed under section 6058(a) of the \n Internal Revenue Code of 1986, except that \n section 6652(e) of such Code shall be applied \n with respect to any such failure by \n substituting `$100' for `$25'. The preceding \n sentence shall not apply if the Secretary of \n the Treasury or the Secretary's delegate \n determines that reasonable diligence has been \n exercised by the trustees of such plan in \n attempting to timely file such report.\n ``(G) 1974 umwa pension plan defined.--For purposes \n of this paragraph, the term `1974 UMWA Pension Plan' \n has the meaning given the term in section 9701(a)(3) of \n the Internal Revenue Code of 1986, but without regard \n to the limitation on participation to individuals who \n retired in 1976 and thereafter.''.\n (b) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply to fiscal years beginning after September 30, 2016.\n (2) Reporting requirements.--Section 402(i)(4)(F) of the \n Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. \n 1232(i)(4)(F)), as added by this section, shall apply to plan \n years beginning after the date of the enactment of this Act.\n\nSEC. 3. CUSTOMS USER FEES.\n\n (a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus \nBudget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended \nby section 105(a) of the Health Benefits for Miners Act of 2017, is \namended by striking ``January 14, 2026'' and inserting ``May 13, \n2026''.\n (b) Rate for Merchandise Processing Fees.--Section 503 of the \nUnited States-Korea Free Trade Agreement Implementation Act (Public Law \n112-41; 19 U.S.C. 3805 note), as amended by section 105(b) of the \nHealth Benefits for Miners Act of 2017, is amended by striking \n``January 14, 2026'' and inserting ``May 13, 2026''.","summary":"Miners Pension Protection Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the 1974 United Mine Workers of America (UMWA) Pension Plan to provide pension benefits to retired coal miners and their families. The Department of the Treasury must transfer additional funds to the 1974 UMWA Pension Plan to pay pension benefits required under that plan if the amounts available for transfer under SMCRA's $490 million annual limit exceed the amounts required to be transferred for other purposes . The bill also: (1) prohibits the pension plan from making certain changes to benefits during any year in which a transfer is received, and (2) establishes additional reporting requirements for the plan. As an offset, the bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees.","title":"Miners Pension Protection Act","text_len":13885,"sum_len":921} {"bill_id":"113_s2224","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stop Errors in Credit Use and \nReporting Act'' or the ``SECURE Act''.\n\nSEC. 2. LEGAL RECOURSE FOR CONSUMERS.\n\n (a) Injunctive Relief.--The Fair Credit Reporting Act (15 U.S.C. \n1681 et seq.) is amended--\n (1) in section 616--\n (A) in subsection (a), by striking ``(a) In \n General.--'' and inserting ``(a) Damages.--'';\n (B) by redesignating subsections (c) and (d) as \n subsections (d) and (e), respectively; and\n (C) by inserting after subsection (b) the \n following:\n ``(c) Injunctive Relief.--In addition to any other remedy set forth \nin this section, a court may award injunctive relief to require \ncompliance with the requirements imposed under this title with respect \nto any consumer. In the event of any successful action for injunctive \nrelief under this subsection, the court may award to the prevailing \nparty costs and reasonable attorney fees (as determined by the court) \nincurred during the action by such party.''; and\n (2) in section 617--\n (A) in subsection (a), by striking ``(a) In \n General.--'' and inserting ``(a) Damages.--'';\n (B) by redesignating subsection (b) as subsection \n (c); and\n (C) by inserting after subsection (a) the \n following:\n ``(b) Injunctive Relief.--In addition to any other remedy set forth \nin this section, a court may award injunctive relief to require \ncompliance with the requirements imposed under this title with respect \nto any consumer. In the event of any successful action for injunctive \nrelief under this subsection, the court may award to the prevailing \nparty costs and reasonable attorney fees (as determined by the court) \nincurred during the action by such party.''.\n (b) Enforcement by Federal Trade Commission.--Section 621(a)(2)(A) \nof the Fair Credit Reporting Act (15 U.S.C. 1681s(a)(2)(A)) is \namended--\n (1) by striking ``(A) Knowing violations.--'' and inserting \n ``(A) Negligent, willful, or knowing violations.--''; and\n (2) by inserting ``negligent, willful, or'' before \n ``knowing''.\n\nSEC. 3. INCREASED REQUIREMENTS FOR CONSUMER REPORTING AGENCIES AND \n FURNISHERS OF INFORMATION.\n\n (a) Provision and Consideration of Documentation Provided by \nConsumers.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is \namended--\n (1) in section 611--\n (A) in subsection (a)--\n (i) in paragraph (2)--\n (I) in subparagraph (A), by \n inserting ``, including all \n documentation provided by the \n consumer'' after ``received from the \n consumer or reseller''; and\n (II) in subparagraph (B), by \n inserting ``, including all \n documentation provided by the \n consumer,'' after ``from the consumer \n or reseller''; and\n (ii) in paragraph (4), by inserting ``, \n including all documentation,'' after ``relevant \n information''; and\n (B) in subsection (f)(2)(B)(ii), by inserting ``, \n including all documentation,'' after ``relevant \n information''; and\n (2) in section 623--\n (A) in subsection (a)(8)(E), by striking clause \n (ii) and inserting the following:\n ``(ii) review and consider all relevant \n information, including all documentation, \n provided by the consumer with the notice;''; \n and\n (B) in subsection (b)(1), by striking subparagraph \n (B) and inserting the following:\n ``(B) review and consider all relevant information, \n including all documentation, provided by the consumer \n reporting agency pursuant to section 611(a)(2);''.\n (b) Gathering and Reporting of Information Relating to Consumer \nDisputes.--Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681 \net seq.) is amended by adding at the end the following:\n ``(g) Gathering and Reporting of Information Relating to Consumer \nDisputes.--\n ``(1) Reports required.--The Bureau shall provide reports \n regarding the disputes described in subsection (a)(1) received \n by consumer reporting agencies in such intervals and to such \n parties as the Bureau deems appropriate.\n ``(2) Gathering of information.--The Bureau shall prescribe \n rules for the gathering of information relating to disputes \n described in subsection (a)(1) received by consumer reporting \n agencies to be used in generating the reports under paragraph \n (1), including rules establishing--\n ``(A) the type and format of information that shall \n be received by the Bureau from each consumer reporting \n agency; and\n ``(B) the frequency of receipt of the information \n from consumer reporting agencies.''.\n (c) Accuracy Compliance Procedures.--Section 607 of the Fair Credit \nReporting Act (15 U.S.C. 1681e) is amended by striking subsection (b) \nand inserting the following:\n ``(b) Accuracy of Report.--\n ``(1) In general.--A consumer reporting agency shall follow \n reasonable procedures when preparing a consumer report to \n assure maximum possible accuracy of the information concerning \n the individual to whom the consumer report relates.\n ``(2) Bureau rule to assure maximum possible accuracy.--\n ``(A) Proposed rule.--Not later than 1 year after \n the date of enactment of the Stop Errors in Credit Use \n and Reporting Act, the Bureau shall issue a proposed \n rule establishing the procedures that a consumer \n reporting agency must follow to assure maximum possible \n accuracy of all consumer reports furnished by the \n agency in compliance with this subsection.\n ``(B) Considerations.--When formulating the rule \n required under subparagraph (A), the Bureau shall \n consider if requiring the matching of the following \n information would improve the accuracy of consumer \n reports:\n ``(i) The first name and last name of a \n consumer.\n ``(ii) The date of birth of a consumer.\n ``(iii) All 9 digits of the social security \n number of a consumer.\n ``(iv) Any other information that the \n Bureau determines would aid in assuring maximum \n possible accuracy of all consumer reports \n furnished by consumer reporting agencies in \n compliance with this subsection.''.\n (d) Responsibilities of Furnishers of Information to Consumer \nReporting Agencies.--Section 623(a)(8)(F)(i)(II) of the Fair Credit \nReporting Act (15 U.S.C. 1681s-2(a)(8)(F)(i)(II)) is amended by \ninserting ,`` and does not include any new or additional information \nthat would be relevant to a reinvestigation'' before the period.\n (e) Disclosures to Consumers.--Section 609 of the Fair Credit \nReporting Act (15 U.S.C. 1681g) is amended--\n (1) in subsection (a)(3)(B), by striking ``; and'' and all \n that follows through the end of subparagraph (B) and inserting \n the following:\n ``(ii) the address and telephone number of \n the person; and\n ``(iii) the permissible purpose of the \n person for obtaining the consumer report, \n including the specific type of credit product \n that is extended, reviewed, or collected as \n described in section 604(a)(3)(A).'';\n (2) in subsection (f)--\n (A) by amending paragraph (7)(A) to read as \n follows:\n ``(A) supply the consumer with a credit score \n that--\n ``(i) is derived from a credit scoring \n model that is widely distributed to users by \n the consumer reporting agency for the purpose \n of any extension of credit or other transaction \n designated by the consumer who is requesting \n the credit score; or\n ``(ii) is widely distributed to lenders of \n common consumer loan products and predicts the \n future credit behavior of the consumer; and''; \n and\n (B) in paragraph (8), by inserting ``, except that \n a credit score shall be provided free of charge to the \n consumer if requested in connection with a free annual \n consumer report described in section 612(a)'' before \n the period; and\n (3) in subsection (g)(1)--\n (A) by striking subparagraph (C); and\n (B) by redesignating subparagraphs (D) though (G) \n as subparagraphs (C) through (F), respectively.\n (f) Notification Requirements.--\n (1) Adverse information notification.--The Fair Credit \n Reporting Act (15 U.S.C. 1681 et seq.) is amended--\n (A) in section 612, by striking subsection (b) and \n inserting the following:\n ``(b) Free Disclosure After Notice of Adverse Action or Offer of \nCredit on Materially Less Favorable Terms.--\n ``(1) In general.--Not later than 14 days after the date on \n which a consumer reporting agency receives a notification under \n subsection (a)(2) or (h)(6) of section 615, or from a debt \n collection agency affiliated with the consumer reporting \n agency, the consumer reporting agency shall make, without \n charge to the consumer, all disclosures required in accordance \n with the rules prescribed by the Bureau under section 609(h).\n ``(2) Transition period.--After the effective date of the \n provisions of the Stop Errors in Credit Use and Reporting Act \n and before the Bureau has finalized the rule required under \n section 609(h), a consumer reporting agency that is required to \n make disclosures under this subsection shall provide to the \n consumer a copy of the current credit report on the consumer \n and any other disclosures required under this Act or the Stop \n Errors in Credit Use and Reporting Act, without charge to the \n consumer.''; and\n (B) in section 615(a)--\n (i) by redesignating paragraphs (2), (3) \n and (4) as paragraphs (3), (4), and (5) \n respectively;\n (ii) by inserting after paragraph (1) the \n following:\n ``(2) direct the consumer reporting agency that provided \n the consumer report used in the decision to take the adverse \n action to provide the consumer with the disclosures described \n in section 612(b);''; and\n (iii) in paragraph (5), as redesignated by \n this paragraph--\n (I) in the matter preceding \n subparagraph (A), by striking ``of the \n consumer's right'';\n (II) by striking subparagraph (A) \n and inserting the following:\n ``(A) that the consumer will receive a copy of the \n consumer report on the consumer, free of charge, from \n the consumer reporting agency that furnished the \n consumer report; and''; and\n (III) in subparagraph (B), by \n inserting ``of the right of the \n consumer'' before ``to dispute''.\n (2) Notification in cases of less favorable terms.--Section \n 615(h) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)) is \n amended--\n (A) in paragraph (1), by striking ``paragraph (6)'' \n and inserting ``paragraph (7)'';\n (B) in paragraph (2), by striking ``paragraph (6)'' \n and inserting ``paragraph (7)'';\n (C) in subparagraph (5)(C), by striking ``may \n obtain'' and inserting ``will receive''\n (D) by redesignating paragraphs (6), (7), and (8) \n as paragraphs (7), (8), and (9), respectively; and\n (E) by inserting after paragraph (5) the following:\n ``(6) Reports provided to consumers.--A person who uses a \n consumer report as described in paragraph (1) shall notify and \n direct the consumer reporting agency that provided the consumer \n report to provide the consumer with the disclosures described \n in section 612(b).''.\n (3) Notification of subsequent submissions of negative \n information.--Section 623(a)(7)(A)(ii) of the Fair Credit \n Reporting Act (15 U.S.C. 1681s-2(a)(7)(A)(ii)) by striking ``or \n customer'' and inserting ``or'' before ``account''.\n (4) Bureau rule defining certain disclosure requirements.--\n Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) \n is amended by adding at the end the following:\n ``(h) Bureau Rule Defining Certain Disclosure Requirements.--\n ``(1) Proposed rule.--Not later than 1 year after the date \n of enactment of the Stop Errors in Credit Use and Reporting \n Act, the Bureau shall publish a proposed rule to implement the \n disclosure requirements described in section 612(b).\n ``(2) Considerations.--In formulating the rule required \n under paragraph (1), the Bureau shall consider--\n ``(A) what information would enable consumers to \n determine the reasons for which a person took adverse \n action or offered credit on materially less favorable \n terms and to verify the accuracy of such information; \n and\n ``(B) how to provide the information described in \n subparagraph (A) while protecting consumer privacy, \n including procedures to ensure that such information is \n provided to the consumer at the appropriate address.''.\n\nSEC. 4. REGULATORY REFORM.\n\n Section 621 of the Federal Credit Reporting Act (15 U.S.C. 1681s) \nis amended by adding at the end the following:\n ``(h) Consumer Reporting Agency Registry.--\n ``(1) Establishment of registry.--Not later than 180 days \n after the date of enactment of the Stop Errors in Credit Use \n and Reporting Act, the Bureau shall establish 3 publicly \n available registries of consumer reporting agencies, \n including--\n ``(A) a registry of nationwide consumer reporting \n agencies as described in section 603(p);\n ``(B) a registry of nationwide specialty consumer \n reporting agencies as defined in section 603(x); and\n ``(C) a registry of all other consumer reporting \n agencies included under subsection 603(f) that are not \n included under section 603(p) or 603(x).\n ``(2) Registration requirement.--All consumer reporting \n agencies as defined in section 603(f) must register with one of \n the registries established by the Bureau under this subsection \n in a timeframe established by the Bureau.''.\n\nSEC. 5. STUDY OF A PUBLIC CREDIT REPORTING SYSTEM.\n\n (a) Study.--Not later than 6 months after the date of enactment of \nthis Act, the Comptroller General of the United States shall undertake \na study--\n (1) of credit systems in the international credit system \n with government-administered consumer credit reporting systems;\n (2) of available information regarding the accuracy of \n existing government-administered consumer credit reporting \n systems;\n (3) to evaluate the feasibility of a national, government-\n administered consumer credit reporting system;\n (4) of any consumer benefits that might reasonably be \n expected to result from a government-administered consumer \n credit report; and\n (5) of any costs that might result from a government-\n administered consumer credit reporting system in the United \n States.\n (b) Publication of Findings.--Not later than 18 months after the \ndate of enactment of this Act, the Comptroller General of the United \nStates shall publish the findings under subsection (a).\n\nSEC. 6. EFFECTIVE DATE.\n\n Except as otherwise provided in this Act and the amendments made by \nthis Act, the provisions of this Act and the amendments made by this \nAct shall take effect 6 months after the date of enactment of this Act.","summary":"Stop Errors in Credit Use and Reporting Act or the SECURE Act - Amends the Fair Credit Reporting Act, with respect to civil liability for either willful or negligent noncompliance by a consumer reporting agency with respect to consumer credit protection requirements, to authorize a court to award: (1) injunctive relief to require compliance with such Act, and (2) costs and reasonable attorney fees to the prevailing party in any successful action for injunctive relief. Requires a consumer reporting agency to include, in its mandatory notification to a furnisher of disputed information in a consumer's file, all documentation provided by the consumer. Requires the furnisher of disputed information, upon notification of a dispute, to review and consider all documentation provided by the consumer. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) prepare, and deliver to appropriate parties, reports concerning disputed information received by consumer reporting agencies. And (2) prescribe rules for the gathering of information relating to such disputes. Directs the CFPB to establish mandatory procedures for a consumer reporting agency to follow to assure maximum possible accuracy of all consumer reports. Requires a consumer reporting agency to give a consumer a credit score free of charge if one is requested in connection with a free annual consumer report. Requires a consumer reporting agency to provide free disclosures, even without consumer request, to any consumer who has received either a notice of adverse action or an offer of credit on materially less favorable terms. Directs the CFPB to establish three publicly available registries of consumer reporting agencies, including registries of: (1) nationwide consumer reporting agencies. And (2) nationwide specialty consumer reporting agencies. Directs the Comptroller General (GAO) to study: (1) credit systems in the international credit system with government-administered consumer credit reporting systems. And (2) the feasibility of a national, US government-administered consumer credit reporting system.","title":"SECURE Act","text_len":18077,"sum_len":2100} {"bill_id":"108_hr1614","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``HOPE VI Program Reauthorization and \nSmall Community Mainstreet Rejuvenation and Housing Act of 2003''.\n\nSEC. 2. HOPE VI PROGRAM REAUTHORIZATION.\n\n (a) Selection Criteria.--Section 24(e)(2) of the United States \nHousing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended--\n (1) by striking the matter preceding subparagraph (A) and \n inserting the following:\n ``(2) Selection criteria.--The Secretary shall establish \n criteria for the award of grants under this section and shall \n include among the factors--'';\n (2) in subparagraph (B), by striking ``large-scale'';\n (3) in subparagraph (D)--\n (A) by inserting ``and ongoing implementation'' \n after ``development''; and\n (B) by inserting ``, except that the Secretary may \n not award a grant under this section unless the \n applicant has involved affected public housing \n residents at the beginning and during the planning \n process for the revitalization program, prior to \n submission of an application'' before the semicolon at \n the end;\n (4) in subparagraph (H), by striking ``and'' at the end;\n (5) by redesignating subparagraph (I) as subparagraph (M); \n and\n (6) by inserting after subparagraph (H) the following new \n subparagraphs:\n ``(I) the extent to which the applicant can \n commence and complete the revitalization plan \n expeditiously;\n ``(J) the extent to which the plan minimizes \n temporary or permanent displacement of current \n residents of the public housing site who wish to remain \n in or return to the revitalized community and provides \n for community and supportive services to residents \n prior to any relocation;\n ``(K) the extent to which the plan sustains or \n creates more project-based housing units available to \n persons eligible for public housing in markets where \n there is demand for the maintenance or creation of such \n units;\n ``(L) the extent to which the plan gives to \n existing residents priority for occupancy in dwelling \n units in the revitalized community; and''.\n (b) Definition of Severely Distressed Public Housing.--Section \n24(j)(2)(A)(iii) of the United States Housing Act of 1937 (42 U.S.C. \n1437v(j)(2)(A)(iii)) is amended--\n (1) in subclause (I)--\n (A) by inserting ``or very low-income elderly or \n non-elderly disabled persons'' before the first comma; \n and\n (B) by striking ``or'' at the end;\n (2) in subclause (II), by inserting ``or'' after the \n semicolon at the end; and\n (3) by inserting at the end the following new subclause:\n ``(III) is lacking in sufficient \n appropriate transportation, supportive \n services, economic opportunity, schools, civic \n and religious institutions, and public \n services, resulting in severe social distress \n in the project;''.\n (c) Authorization of Appropriations.--Paragraph (1) of section \n24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) \nis amended by inserting before the period at the end the following: \n``and such sums as may be necessary for each of fiscal years 2004 and \n2005''.\n (d) Extension of Program.--Section 24(n) of the United States \nHousing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking \n``September 30, 2004'' and inserting ``September 30, 2005''.\n\nSEC. 3. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING THROUGH MAIN \n STREET PROJECTS.\n\n (a) Purposes.--Section 24(a) of the United States Housing Act of \n1937 (42 U.S.C. 1437v(a)) is amended by adding after and below \nparagraph (4) the following:\n``It is also the purpose of this section to provide assistance to \nsmaller communities for the purpose of facilitating the development of \naffordable housing for low-income families that is undertaken in \nconnection with a main street revitalization or redevelopment project \nin such communities.''.\n (b) Grants for Assisting Affordable Housing Developed Through Main \nStreet Projects in Smaller Communities.--Section 24 of the United \nStates Housing Act of 1937 (42 U.S.C. 1437v) is amended--\n (1) by redesignating subsection (n) as subsection (o); and\n (2) by inserting after subsection (m) the following new \n subsection:\n ``(n) Grants for Assisting Affordable Housing Developed Through \nMain Street Projects in Smaller Communities.--\n ``(1) Authority and use of grant amounts.--The Secretary \n may make grants under this subsection to smaller communities. \n Such grant amounts shall be used by smaller communities only to \n provide assistance to carry out eligible affordable housing \n activities under paragraph (3) in connection with an eligible \n project under paragraph (2).\n ``(2) Eligible project.--For purposes of this subsection, \n the term `eligible project' means a project that--\n ``(A) the Secretary determines, under the criteria \n established pursuant to paragraph (3), is a main street \n project;\n ``(B) is carried out within the jurisdiction of \n smaller community receiving the grant; and\n ``(C) involves the development of affordable \n housing that is located in the commercial area that is \n the subject of the project.\n ``(3) Main street projects.--The Secretary shall establish \n requirements for a project to be consider a main street project \n for purposes of this section, which shall require that the \n project--\n ``(A) has as its purpose the revitalization or \n redevelopment of a historic or traditional commercial \n area;\n ``(B) involves investment, or other participation, \n by the government for, and private entities in, the \n community in which the project is carried out; and\n ``(C) complies with such historic preservation \n guidelines or principles as the Secretary shall \n identify to preserve significant historic or \n traditional architectural and design features in the \n structures or area involved in the project.\n ``(4) Eligible affordable housing activities.--For purposes \n of this subsection, the activities described in subsection \n (d)(1) shall be considered eligible affordable housing \n activities, except that--\n ``(A) such activities shall be conducted with \n respect to affordable housing rather than with respect \n to severely distressed public housing projects; and\n ``(B) eligible affordable housing activities under \n this subsection shall not include the activities \n described in subparagraphs (B) through (F) or (J) \n through (L) of subsection (d)(1).\n ``(5) Maximum grant amount.--A grant under this subsection \n for a fiscal year for a single smaller community may not exceed \n $1,000,000.\n ``(6) Contribution requirement.--A smaller community \n applying for a grant under this subsection shall be considered \n an applicant for purposes of subsection (c) (relating to \n contributions by applicants), except that--\n ``(A) such supplemental amounts shall be used only \n for carrying out eligible affordable housing \n activities; and\n ``(B) paragraphs (1)(B) and (3) shall not apply to \n grants under this subsection.\n ``(7) Applications and selection.--\n ``(A) Application.--Pursuant to subsection (e)(1), \n the Secretary shall provide for smaller communities to \n apply for grants under this subsection, except that the \n Secretary may establish such separate or additional \n criteria for applications for such grants as may be \n appropriate to carry out this subsection.\n ``(B) Selection criteria.--The Secretary shall \n establish selection criteria for the award of grants \n under this subsection, which shall be based on the \n selection criteria established pursuant to subsection \n (e)(2), with such changes as may be appropriate to \n carry out the purposes of this subsection.\n ``(8) Cost limits.--The cost limits established pursuant to \n subsection (f) shall apply to eligible affordable housing \n activities assisted with grant amounts under this subsection.\n ``(9) Inapplicability of other provisions.--The provisions \n of subsections (g) (relating to disposition and replacement of \n severely distressed public housing), (h) (relating to \n administration of grants by other entities), and (i) (relating \n to withdrawal of funding) shall not apply to grants under this \n subsection.\n ``(10) Reporting.--The Secretary shall require each smaller \n community receiving a grant under this subsection to submit a \n report regarding the use of all amounts provided under the \n grant.\n ``(11) Definitions.--For purposes of this subsection, the \n following definitions shall apply:\n ``(A) Affordable housing.--The term `affordable \n housing' means rental or homeownership dwelling units \n that--\n ``(i) are made available for initial \n occupancy subject to the same rules regarding \n level of income and income mix as dwelling \n units in public housing projects assisted with \n a grant under this section; and\n ``(ii) are subject to the same rules \n regarding occupant contribution toward rent or \n purchase and terms of rental or purchase as \n dwelling units in public housing projects \n assisted with a grant under this section.\n ``(B) Smaller community.--The term `smaller \n community' means a unit of general local government (as \n such term is defined in section 102 of the Housing and \n Community Development Act of 1974 (42 U.S.C. 5302)) \n that--\n ``(i) has a population of 30,000 or fewer; \n and\n ``(ii)(I) is not served by a public housing \n agency; or\n ``(II) is served by a single public housing \n agency, which agency administers 100 or fewer \n public housing dwelling units.''.\n (c) Annual Report.--Section 24(l) of the United States Housing Act \nof 1937 (42 U.S.C. 1437v(l)) is amended--\n (1) in paragraph (3), by striking ``; and'' and inserting \n ``, including a specification of the amount and type of \n assistance provided under subsection (n);'';\n (2) by redesignating paragraph (4) as paragraph (5); and\n (3) by inserting after paragraph (3) the following new \n paragraph:\n ``(4) the types of projects funded, and number of \n affordable housing dwelling units developed with, grants under \n subsection (n); and''.\n (d) Funding.--Section 24(m) of the United States Housing Act of \n1937 (42 U.S.C. 1437v(m)) is amended by adding at the end the following \nnew paragraph:\n ``(3) Set-aside for main street housing grants.--Of the \n amount appropriated pursuant to paragraph (1) for any fiscal \n year, the Secretary shall provide up to 5 percent for use only \n for grants under subsection (n).''.\n\n\n\n\n ","summary":"HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 - Amends the United States Housing Act of 1937 to revise criteria for HOPE VI grants, including addition of criteria regarding tenant displacement, existing tenant occupancy priority, and timeliness of project completion. Revises the definition of severely distressed public housing to include: (1) buildings or projects that include very low-income elderly or nonelderly disabled persons. And (2) areas lacking sufficient affordable housing, transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services. Authorizes FY 2004 and 2005 appropriations. Extends program authority through September 30, 2005. Includes within the program's purposes assisting smaller communities to provide affordable low-income housing in connection with main street revitalization or redevelopment projects. Authorizes main street grants to smaller communities for affordable low-income housing in a commercial area in connection with an eligible project. Requires that a project be focused on: (1) joint public-private revitalization or redevelopment of a historic or traditional commercial area. And (2) affordable housing rather than severely distressed public housing. Defines smaller community as a local government unit that: (1) has a population of under 30,000, and is without a public housing agency. Or (2) has a public housing agency that administers 100 or fewer public housing dwelling units. Defines affordable housing as rental or homeownership units that are made available for initial occupancy subject to the same income and occupant contribution rules as dwelling units in public housing projects assisted with HOPE VI grants. Obligates up to five percent of HOPE VI appropriations for smaller community grants.","title":"To reauthorize the HOPE VI program for revitalization of severely distressed public housing and to provide financial assistance under such program for main street revitalization or redevelopment projects in smaller communities to support the development of affordable housing for low-income families in connection with such projects, and for other purposes.","text_len":12802,"sum_len":1869} {"bill_id":"111_hr5963","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Students Using the Camp \nCommunity for Enrichment, Strength, and Success Act'' or the \n``Promoting SUCCESS Act''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) reduce childhood obesity through increased physical \n activity and healthy lifestyle choices; and\n (2) strengthen high school graduation rates by reducing \n summer learning loss.\n\nSEC. 3. GRANTS AUTHORIZED.\n\n From the amounts appropriated under section 11, the Secretary shall \naward grants, on a competitive basis, to eligible entities to enable \nthe eligible entities to carry out a summertime learning pilot program.\n\nSEC. 4. APPLICATION.\n\n To receive a grant under this Act, an eligible entity shall submit \nan application to the Secretary at such time, in such manner, and \ncontaining such information as the Secretary may require. An \napplication shall include--\n (1) a description of the needs of the youth population that \n will be served under the grant, including any data with respect \n to such youth that supports a need for the grant, including \n data on--\n (A) summer learning loss;\n (B) academic achievement;\n (C) physical activity;\n (D) childhood obesity; and\n (E) any other relevant needs facing the youth \n population;\n (2) a description of the balanced array of activities that \n will be undertaken with the grant funds to address the needs of \n the youth population described in paragraph (1) to reduce \n summer learning loss, strengthen academic achievement, increase \n physical activity, reduce childhood obesity, and promote youth \n development;\n (3) in the case of an eligible entity consisting of at \n least 1 nonprofit or for-profit organization offering camp \n activities, a description of how the eligible entity will work \n with the local educational agencies and schools serving the \n youth participating in activities funded under the grant to--\n (A) provide activities that complement the academic \n curriculum taught to the students; and\n (B) address the academic and developmental needs of \n the students;\n (4) specific goals, strategies, and performance measures \n related to the academic and developmental outcomes expected to \n be achieved under the grant, including the number of indicators \n of performance described in subsection 7(b)(2), and the level \n of performance (as measured by level of performance measure \n described in section 7(b)(3)) on each of the indicators, \n expected to be achieved; and\n (5) an outreach strategy, including--\n (A) a description of how parents will be informed \n of the opportunities made available under the grant; \n and\n (B) a description of how diverse participants and \n staff will be recruited to participate in such \n opportunities.\n\nSEC. 5. PRIORITY.\n\n The Secretary shall give priority to eligible entities--\n (1) proposing to target services to students who attend \n schools that have been identified as in need of improvement \n under section 1116 of the Elementary and Secondary Education \n Act of 1965;\n (2) that consist of not less than 1--\n (A) nonprofit or for-profit organization offering \n camp activities; or\n (B) a local educational agency receiving funds \n under part A of title I of the Elementary and Secondary \n Education Act of 1965; and\n (3) proposing to provide at least 1 activity from 3 or more \n categories described in section 6(b).\n\nSEC. 6. ALLOWABLE USES OF FUNDS.\n\n (a) In General.--An eligible entity receiving funds under this Act \nshall use such funds--\n (1) to carry out a summertime learning pilot program that \n provides the camp activities described in subsection (b) for \n students during the period beginning with the summer after \n grade 5 through the summer before grade 10 to increase on-time \n promotion to the next grade level, reduce summer learning loss, \n strengthen academic achievement, increase physical activity, \n promote healthy lifestyle choices, and promote positive youth \n development;\n (2) to provide training and technical assistance to pilot \n program staff in areas such as--\n (A) shared leadership;\n (B) the cultural needs of students;\n (C) how to attract and effectively serve diverse \n students and staff; and\n (D) experiential learning as a teaching strategy;\n (3) for the evaluation and data collection necessary to \n submit annual reports under section 7(a); and\n (4) for reasonable costs associated with program \n coordination and administration.\n (b) Camp Activities.--The camp activities described in this \nsubsection include activities in areas such as--\n (1) academic achievement, including--\n (A) activities related to literacy;\n (B) tutoring or mentoring to promote academic \n achievement;\n (C) nature-based activities that promote \n achievement in science, technology, engineering, and \n math; and\n (D) other activities developed to reduce summer \n learning loss and increase on-time promotion to the \n next grade level;\n (2) health and wellness activities, including activities \n that encourage--\n (A) eating 5 fruits and vegetables a day;\n (B) limiting computer and television screen time;\n (C) striving for 1 hour of physical activity a day; \n and\n (D) limiting sugar-sweetened drinks;\n (3) independent living skills, including skills related \n to--\n (A) personal appearance and hygiene;\n (B) first aid;\n (C) health;\n (D) emergency and safety;\n (E) knowledge of community resources; and\n (F) interpersonal skills;\n (4) environmental stewardship, including activities related \n to--\n (A) nature-based civic engagement;\n (B) service learning;\n (C) environmental awareness; and\n (D) other community-based improvement activities;\n (5) leadership development, including activities related \n to--\n (A) leadership competencies;\n (B) leadership styles;\n (C) conflict-management;\n (D) communication;\n (E) character development;\n (F) working effectively with others;\n (G) emotional self-regulation;\n (H) team building;\n (I) making positive choices; and\n (J) mobilizing groups to solve problems; and\n (6) workforce preparation, including a range of \n introductory workforce experiences (such as staff training, \n workplace etiquette, employee and supervisor relationships, \n performance feedback, workforce training, and care-giving and \n supervision of youth).\n\nSEC. 7. ACCOUNTABILITY.\n\n (a) Annual Reporting.--An eligible entity receiving a grant under \nthis Act shall submit an annual report to the Secretary at such time, \nin such manner, and providing such information as the Secretary may \nrequire, including--\n (1) information on the number, and demographic information, \n of the children served under the summertime learning pilot \n program carried out with the grant funds;\n (2) the camp activities provided under the program; and\n (3) an evaluation of the program using the indicators of \n performance described in subsection (b)(2) and the level of \n performance measure described in subsection (b)(3).\n (b) Independent Evaluation.--\n (1) In general.--From the amounts appropriated under \n section 11 to carry out this subsection, the Secretary shall \n award a grant or a contract to an independent entity outside of \n the Department of Education to carry out an evaluation of the \n grants provided under this Act. Such evaluation shall evaluate \n the summertime learning pilot program carried out by each \n eligible entity using a grant under this Act by--\n (A) analyzing and documenting the strategies (for \n increasing on-time promotion to the next grade level, \n reducing summer learning loss, strengthening academic \n achievement, increasing physical activity, promoting \n healthy lifestyle choices, and promoting positive youth \n development) implemented by the eligible entities under \n the program, and the key lessons learned by the entity \n (such as lessons with respect to program design, \n collaboration among nonprofit organizations, local \n educational agencies, and schools that offer camps, and \n program implementation);\n (B) measuring progress toward the goals identified \n under subparagraph (A) through the strategies \n identified under such subparagraph;\n (C) evaluating the performance of the program using \n the indicators of performance described in paragraph \n (2); and\n (D) determining the level of performance achieved \n on each such indicator of performance as measured by \n the level of performance measure described in paragraph \n (3).\n (2) Indicators of performance.--The indicators of \n performance described in this paragraph shall consist of the \n following:\n (A) The number and percentage of students served in \n grade 5 through grade 9 who are promoted to the next \n grade level on-time.\n (B) The number and percentage of students passing \n the State's academic assessments in reading and \n mathematics required under section 1111(b)(3) of the \n Elementary and Secondary Education Act of 1965 (20 \n U.S.C. 6311(b)(3)).\n (C) Student school behavior during the summer and \n the regular school year, as measured by truancy or \n teacher or principal behavior reports.\n (D) Number or percentage of students participating \n in 60 minutes or more of moderate-vigorous physical \n activity during the program.\n (E) Developmental outcomes of the students, \n including--\n (i) positive self-identity;\n (ii) social and interpersonal skills;\n (iii) responsibility and independence;\n (iv) positive values and character;\n (v) creativity and exploration; and\n (vi) leadership and civic engagement.\n (3) Level of performance measure.--For each indicator of \n performance described in paragraph (2), the Secretary, in \n coordination with eligible entities, shall develop a level of \n performance measure expressed in an objective and quantifiable \n form that measures the level of performance achieved by the \n eligible entity on such indicator.\n\nSEC. 8. TECHNICAL ASSISTANCE AND BEST PRACTICES.\n\n From the amounts appropriated under section 11, the Secretary shall \nprovide a grant or contract to 1 or more national nonprofit \norganizations to collect best practices from among grantees under this \nAct and provide grantees with training, technical assistance, and \nprofessional development. A national organization receiving a grant or \ncontract under this section shall have demonstrated expertise in \nproviding technical assistance and training on quality activities for \nchildren and youth during the summer, and shall have experience \nimplementing a national system of accreditation to strengthen the \nquality of summer camp experiences for children and youth.\n\nSEC. 9. MATCHING FUNDS.\n\n (a) In General.--The Secretary shall require each eligible entity \nreceiving a grant under this Act to provide matching funds from non-\nFederal sources in an amount determined under subsection (b).\n (b) Determination of Amount of Match.--\n (1) Sliding scale.--Subject to paragraph (2), the Secretary \n shall determine the amount of matching funds to be required of \n an eligible entity under this subsection based on a sliding fee \n scale that takes into account--\n (A) the poverty level of the population to be \n targeted by the eligible entity; and\n (B) the ability of the eligible entity to obtain \n such matching funds.\n (2) Maximum amount.--The Secretary may not require any \n eligible entity under this section to provide matching funds in \n an amount that exceeds the amount of the grant award under this \n Act.\n (3) Level of poverty.--In determining the poverty level for \n purposes of subparagraph (A), the Secretary shall use the \n criteria of poverty used by the Bureau of the Census in \n compiling the most recent decennial census, as the criteria \n have been updated by increases in the Consumer Price Index for \n All Urban Consumers, published by the Bureau of Labor \n Statistics.\n (c) In-Kind Contributions.--The Secretary shall permit eligible \nentities under this section to match funds in whole or in part with in-\nkind contributions.\n (d) Consideration.--Notwithstanding this section, the Secretary \nshall not consider an applicant's ability to match funds when \ndetermining which applicants will receive grants under this Act.\n\nSEC. 10. DEFINITIONS.\n\n In this Act:\n (1) Camp activities.--The term ``camp'' refers to an \n intentional set of evidence-based youth development and \n academic activities taking place primarily during the summer \n weeks when school is not in regular session.\n (2) Eligible entity.--The term ``eligible entity'' means--\n (A) a nonprofit organization;\n (B) a for-profit organization,\n (C) a local educational agency; and\n (D) a consortium of 2 or more local educational \n agencies.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act such sums as may be necessary for each of fiscal years \n2011 through 2015.\n (b) Allocations.--Of the amount appropriated under subsection (a), \nthe Secretary shall use--\n (1) not less than 90 percent for grants to eligible \n entities under this Act; and\n (2) not more than the greater of 10 percent or $5,000,000 \n for technical assistance and evaluations under sections 7(b) \n and 8.","summary":"Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act or the Promoting SUCCESS Act - Directs the Secretary of Education to award competitive matching grants to nonprofit organizations, for-profit organizations, and local educational agencies to carry out summertime learning pilot programs for students during their summers after grades five through nine. Requires such programs to provide students with camp activities geared toward: (1) reducing childhood obesity through increased physical activity and healthy lifestyle choices. (2) strengthening high school graduation rates by reducing summer learning loss and improving academic achievement. And (3) promoting positive youth development. Directs the Secretary to arrange for an independent evaluation of the pilot programs. Requires the Secretary to provide a grant or contract to one or more national nonprofit organizations to collect best practices from among this Act's grantees and provide grantees with training, technical assistance, and professional development.","title":"To direct the Secretary of Education to carry out a grant program to fund pilot projects to explore how the camp experience promotes physical activity and healthy lifestyles among children and youth, reduces summer learning loss, and promotes academic achievement.","text_len":16074,"sum_len":1059} {"bill_id":"110_s1690","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Health Insurance \nOptions Act of 2007''.\n\nSEC. 2. HEALTH INSURANCE OPTIONS INFORMATION FOR SMALL BUSINESS \n CONCERNS.\n\n (a) Definitions.--In this section, the following definitions shall \napply:\n (1) Administration.--The term ``Administration'' means the \n Small Business Administration.\n (2) Administrator.--The term ``Administrator'' means the \n Administrator of the Administration.\n (3) Association.--The term ``association'' means an \n association established under section 21(a)(3)(A) of the Small \n Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority \n of small business development centers.\n (4) Participating small business development center.--The \n term ``participating small business development center'' means \n a small business development center described in section 21 of \n the Small Business Act (15 U.S.C. 648) that--\n (A) is accredited under section 21(k)(2) of the \n Small Business Act (15 U.S.C. 648(k)(2)); and\n (B) receives a grant under the pilot program.\n (5) Pilot program.--The term ``pilot program'' means the \n small business health insurance information pilot program \n established under this section.\n (6) Small business concern.--The term ``small business \n concern'' has the meaning given that term in section 3 of the \n Small Business Act (15 U.S.C. 632).\n (7) State.--The term ``State'' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, the Virgin Islands, American \n Samoa, and Guam.\n (b) Small Business Health Insurance Information Pilot Program.--The \nAdministrator shall establish a pilot program to make grants to small \nbusiness development centers to provide neutral and objective \ninformation and educational materials regarding health insurance \noptions, including coverage options within the small group market, to \nsmall business concerns.\n (c) Applications.--\n (1) Posting of information.--Not later than 90 days after \n the date of enactment of this Act, the Administrator shall post \n on the website of the Administration and publish in the Federal \n Register a guidance document describing--\n (A) the requirements of an application for a grant \n under the pilot program; and\n (B) the types of informational and educational \n materials regarding health insurance options to be \n created under the pilot program, including by \n referencing materials and resources developed by the \n National Association of Insurance Commissioners, the \n Kaiser Family Foundation, and the Healthcare Leadership \n Council.\n (2) Submission.--A small business development center \n desiring a grant under the pilot program shall submit an \n application at such time, in such manner, and accompanied by \n such information as the Administrator may reasonably require.\n (d) Selection of Participating Small Business Development \nCenters.--\n (1) In general.--The Administrator shall select not more \n than 20 small business development centers to receive a grant \n under the pilot program.\n (2) Selection of programs.--In selecting small business \n development centers under paragraph (1), the Administrator may \n not select--\n (A) more than 2 programs from each of the groups of \n States described in paragraph (3); and\n (B) more than 1 program in any State.\n (3) Groupings.--The groups of States described in this \n paragraph are the following:\n (A) Group 1.--Group 1 shall consist of Maine, \n Massachusetts, New Hampshire, Connecticut, Vermont, and \n Rhode Island.\n (B) Group 2.--Group 2 shall consist of New York, \n New Jersey, Puerto Rico, and the Virgin Islands.\n (C) Group 3.--Group 3 shall consist of \n Pennsylvania, Maryland, West Virginia, Virginia, the \n District of Columbia, and Delaware.\n (D) Group 4.--Group 4 shall consist of Georgia, \n Alabama, North Carolina, South Carolina, Mississippi, \n Florida, Kentucky, and Tennessee.\n (E) Group 5.--Group 5 shall consist of Illinois, \n Ohio, Michigan, Indiana, Wisconsin, and Minnesota.\n (F) Group 6.--Group 6 shall consist of Texas, New \n Mexico, Arkansas, Oklahoma, and Louisiana.\n (G) Group 7.--Group 7 shall consist of Missouri, \n Iowa, Nebraska, and Kansas.\n (H) Group 8.--Group 8 shall consist of Colorado, \n Wyoming, North Dakota, South Dakota, Montana, and Utah.\n (I) Group 9.--Group 9 shall consist of California, \n Guam, American Samoa, Hawaii, Nevada, and Arizona.\n (J) Group 10.--Group 10 shall consist of \n Washington, Alaska, Idaho, and Oregon.\n (4) Deadline for selection.--The Administrator shall make \n selections under this subsection not later than 6 months after \n the later of the date on which the information described in \n subsection (c)(1) is posted on the website of the \n Administration and the date on which the information described \n in subsection (c)(1) is published in the Federal Register.\n (e) Use of Funds.--\n (1) In general.--A participating small business development \n center shall use funds provided under the pilot program to--\n (A) create and distribute informational materials; \n and\n (B) conduct training and educational activities.\n (2) Content of materials.--\n (A) In general.--In creating materials under the \n pilot program, a participating small business \n development center shall evaluate and incorporate \n relevant portions of existing informational materials \n regarding health insurance options, including materials \n and resources developed by the National Association of \n Insurance Commissioners, the Kaiser Family Foundation, \n and the Healthcare Leadership Council.\n (B) Health insurance options.--In incorporating \n information regarding health insurance options under \n subparagraph (A), a participating small business \n development center shall provide neutral and objective \n information regarding health insurance options in the \n geographic area served by the participating small \n business development center, including traditional \n employer sponsored health insurance for the group \n insurance market, such as the health insurance options \n defined in section 2791 of the Public Health Services \n Act (42 U.S.C. 300gg-91) or section 125 of the Internal \n Revenue Code of 1986, and Federal and State health \n insurance programs.\n (f) Grant Amounts.--Each participating small business development \ncenter program shall receive a grant in an amount equal to--\n (1) not less than $150,000 per fiscal year; and\n (2) not more than $300,000 per fiscal year.\n (g) Matching Requirement.--Subparagraphs (A) and (B) of section \n21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to \nassistance made available under the pilot program.\n (h) Reports.--Each participating small business development center \nshall transmit to the Committee on Small Business and Entrepreneurship \nof the Senate and the Committee on Small Business of the House of \nRepresentatives, a quarterly report that includes--\n (1) a summary of the information and educational materials \n regarding health insurance options provided by the \n participating small business development center under the pilot \n program; and\n (2) the number of small business concerns assisted under \n the pilot program.\n (i) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated to \n carry out this section--\n (A) $5,000,000 for the first fiscal year beginning \n after the date of enactment of this Act; and\n (B) $5,000,000 for each of the 3 fiscal years \n following the fiscal year described in subparagraph \n (A).\n (2) Limitation on use of other funds.--The Administrator \n may carry out the pilot program only with amounts appropriated \n in advance specifically to carry out this section.","summary":"Small Business Health Insurance Options Act of 2007 - Directs the Administrator of the Small Business Administration (SBA) to: (1) establish a four-year pilot program to provide information and educational materials regarding health insurance options, including coverage options within the small group market, to small businesses. And (2) select up to 20 small business development centers (SBDCs) to receive grants under the pilot program. Requires: (1) a specified geographical distribution with respect to grant recipients. And (2) grant funds to be used to create and distribute informational materials and conduct training and educational activities.","title":"A bill to establish a 4-year pilot program to provide information and educational materials to small business concerns regarding health insurance options, including coverage options within the small group market.","text_len":9322,"sum_len":655} {"bill_id":"108_s513","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Corporate Tax Fairness and \nShareholder Rights Act of 2003''.\n\nSEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES \n INCOME TAX.\n\n (a) In General.--Paragraph (4) of section 7701(a) of the Internal \nRevenue Code of 1986 (defining domestic) is amended to read as follows:\n ``(4) Domestic.--\n ``(A) In general.--Except as provided in \n subparagraph (B), the term `domestic' when applied to a \n corporation or partnership means created or organized \n in the United States or under the law of the United \n States or of any State unless, in the case of a \n partnership, the Secretary provides otherwise by \n regulations.\n ``(B) Certain corporations treated as domestic.--\n ``(i) In general.--The acquiring \n corporation in a corporate expatriation \n transaction shall be treated as a domestic \n corporation.\n ``(ii) Corporate expatriation \n transaction.--For purposes of this \n subparagraph, the term `corporate expatriation \n transaction' means any transaction if--\n ``(I) a nominally foreign \n corporation (referred to in this \n subparagraph as the `acquiring \n corporation') acquires, as a result of \n such transaction, directly or \n indirectly substantially all of the \n properties held directly or indirectly \n by a domestic corporation, and\n ``(II) immediately after the \n transaction, more than 80 percent of \n the stock (by vote or value) of the \n acquiring corporation is held by former \n shareholders of the domestic \n corporation by reason of holding stock \n in the domestic corporation.\n ``(iii) Lower stock ownership requirement \n in certain cases.--Subclause (II) of clause \n (ii) shall be applied by substituting `50 \n percent' for `80 percent' with respect to any \n nominally foreign corporation if--\n ``(I) such corporation does not \n have substantial business activities \n (when compared to the total business \n activities of the expanded affiliated \n group) in the foreign country in which \n or under the law of which the \n corporation is created or organized, \n and\n ``(II) the stock of the corporation \n is publicly traded and the principal \n market for the public trading of such \n stock is in the United States.\n ``(iv) Partnership transactions.--The term \n `corporate expatriation transaction' includes \n any transaction if--\n ``(I) a nominally foreign \n corporation (referred to in this \n subparagraph as the `acquiring \n corporation') acquires, as a result of \n such transaction, directly or \n indirectly properties constituting a \n trade or business of a domestic \n partnership,\n ``(II) immediately after the \n transaction, more than 80 percent of \n the stock (by vote or value) of the \n acquiring corporation is held by former \n partners of the domestic partnership or \n related foreign partnerships \n (determined without regard to stock of \n the acquiring corporation which is sold \n in a public offering related to the \n transaction), and\n ``(III) the acquiring corporation \n meets the requirements of subclauses \n (I) and (II) of clause (iii).\n ``(v) Special rules.--For purposes of this \n subparagraph--\n ``(I) a series of related \n transactions shall be treated as 1 \n transaction, and\n ``(II) stock held by members of the \n expanded affiliated group which \n includes the acquiring corporation \n shall not be taken into account in \n determining ownership.\n ``(vi) Other definitions.--For purposes of \n this subparagraph--\n ``(I) Nominally foreign \n corporation.--The term `nominally \n foreign corporation' means any \n corporation which would (but for this \n subparagraph) be treated as a foreign \n corporation.\n ``(II) Expanded affiliated group.--\n The term `expanded affiliated group' \n means an affiliated group (as defined \n in section 1504(a) without regard to \n section 1504(b)).\n ``(III) Related foreign \n partnership.--A foreign partnership is \n related to a domestic partnership if \n they are under common control (within \n the meaning of section 482), or they \n shared the same trademark or \n tradename.''.\n (b) Effective Dates.--\n (1) In general.--The amendment made by this section shall \n apply to corporate expatriation transactions completed after \n September 11, 2001.\n (2) Special rule.--The amendment made by this section shall \n also apply to corporate expatriation transactions completed \n after December 31, 1996, and before September 11, 2001, but \n only with respect to taxable years of the acquiring corporation \n beginning after December 31, 2003.\n\nSEC. 3. DISCLOSURE OF CORPORATE EXPATRIATION TRANSACTIONS.\n\n (a) In General.--Section 14 of the Securities Exchange Act of 1934 \n(15 U.S.C. 78n) is amended by adding at the end the following new \nsubsection:\n ``(i) Proxy Solicitations in Connection With Corporate Expatriation \nTransactions.--\n ``(1) Disclosure to shareholders of effects of corporate \n expatriation transaction.--The Commission shall, by rule, \n require that each domestic issuer shall prominently disclose, \n as a separate and distinct document accompanying each proxy \n statement relating to a corporate expatriation transaction--\n ``(A) the number of employees of the domestic \n issuer that would be located in the new foreign \n jurisdiction of incorporation or organization of that \n issuer upon completion of the corporate expatriation \n transaction;\n ``(B) the percentage of the total assets of the \n domestic issuer that would be located within the new \n foreign jurisdiction of incorporation or organization \n of that issuer upon completion of the corporate \n expatriation transaction;\n ``(C) how the rights of holders of the securities \n of the domestic issuer would be impacted by a completed \n corporate expatriation transaction;\n ``(D) that as a result of a completed corporate \n expatriation transaction, any taxable holder of the \nsecurities of the domestic issuer shall be subject to the taxation of \nany capital gains realized with respect to such securities; and\n ``(E) the estimated tax benefit that would be \n realized by the domestic issuer upon completion of the \n corporate expatriation transaction.\n ``(2) Disclosure to commission of results of vote.--Upon \n the approval of any corporate expatriation transaction by the \n holders of the securities of a domestic issuer, that issuer \n shall provide to the Commission, in a form and manner to be \n determined by the Commission, information as to how each holder \n of record of a voting security of that domestic issuer (or a \n proxy there for) voted with respect to the corporate \n expatriation transaction.\n ``(3) Definitions.--In this subsection, the following \n definitions shall apply:\n ``(A) Corporate expatriation transaction.--The term \n `corporate expatriation transaction' means any \n transaction, or series of related transactions, in \n which an entity organized under the laws of a foreign \n country acquires, directly or indirectly, substantially \n all of the voting securities in, or substantially all \n of the assets of, a domestic issuer, and--\n ``(i) immediately after completion of the \n transaction, more than 80 percent of the \n securities (by vote or value) of the acquiring \n foreign entity will be held by persons that \n were security holders of the domestic issuer \n immediately prior to the transaction; or\n ``(ii) immediately after completion of the \n transaction, more than 50 percent of the \n securities (by vote or value) of the acquiring \n foreign entity will be held by persons that \n were security holders of the domestic issuer \n immediately prior to the transaction, and--\n ``(I) such foreign entity will not \n have substantial business activities in \n the foreign country in which it is \n organized; and\n ``(II) the securities of the \n foreign entity will be publicly traded, \n and the principal market for the public \n trading of such securities will be in \n the United States.\n ``(B) Domestic issuer.--The term `domestic issuer' \n means an issuer created or organized in the United \n States or under the law of the United States or of any \n State.''.\n (b) Effective Date.--Section 14(i) of the Securities Exchange Act \nof 1934 (as added by this section) shall apply with respect to \ncorporate expatriation transactions (as defined in that section 14(i)) \nproposed on and after the date of enactment of this Act.\n\nSEC. 4. MODIFICATIONS TO EXPENSING UNDER SECTION 179.\n\n (a) Increase of Amount Which May Be Expensed.--\n (1) In general.--Paragraph (1) of section 179(b) of the \n Internal Revenue Code of 1986 (relating to dollar limitation) \n is amended to read as follows:\n ``(1) Dollar limitation.--The aggregate cost which may be \n taken into account under subsection (a) for any taxable year \n shall not exceed $75,000 ($25,000 in the case of taxable years \n beginning after December 31, 2007).''.\n (2) Increase in phaseout threshold.--Paragraph (2) of \n section 179(b) of such Code is amended by striking ``$200,000'' \n and inserting ``$325,000 ($200,000 in the case of taxable years \n beginning after December 31, 2007)''.\n (b) Effective Date.--The amendments made by this section shall \napply to property placed in service in taxable years beginning after \nDecember 31, 2002.","summary":"Corporate Tax Fairness and Shareholder Rights Act of 2003 - Amends the Internal Revenue Code (IRC) by determining that acquiring corporations incorporate expatriation transactions shall be considered domestic corporations. Defines a corporate expatriation transaction as, with certain exceptions, one in which a nominally foreign corporation acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring nominally foreign corporation lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the expanded affiliated group and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms nominally foreign corporation and expanded affiliated group. Applies similar rules to partnership transactions. Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction. Amends the Securities Act of 1934 to require: (1) disclosure to shareholders, and effects of, corporate expatriation transaction. And (2) disclosure to the SEC of the approval of any corporate expatriate transaction. Amends the IRC to temporarily increase the expensing limit and phaseout threshold.","title":"A bill to amend the Internal Revenue Code of 1986 and the Securities Exchange Act of 1934 to provide for the treatment of corporate expatriation transactions, and for other purposes.","text_len":13434,"sum_len":1487} {"bill_id":"106_hr5384","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alternative Fuel Vehicles Intermodal \nTransportation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Alternative fuel vehicle.--\n (A) In general.--The term ``alternative fuel \n vehicle'' means a motor vehicle that is powered by--\n (i) in whole or in part, electricity, \n including that supplied by a fuel cell that is \n not powered by gasoline or diesel;\n (ii) liquefied natural gas;\n (iii) compressed natural gas;\n (iv) liquefied petroleum gas;\n (v) hydrogen; or\n (vi) methanol at no less than 85 percent by \n volume.\n (B) Exclusions.--The term ``alternative fuel \n vehicle'' shall not include any vehicle capable of \n operating solely on gasoline or diesel.\n (2) Pilot program.--The term ``pilot program'' means the \n grant program established under section 4(a).\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Transportation.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is--\n (1) to establish a pilot program to demonstrate the use of \n alternative fuel vehicles in linked systems of transportation, \n enhance the usefulness of public transportation systems, \n protect the environment, and speed the deployment of \n alternative fuel vehicle technology; and\n (2) to encourage partnerships between the public and \n private sectors.\n\nSEC. 4. ALTERNATIVE FUELS INTERMODAL TRANSPORTATION PILOT PROGRAM.\n\n (a) In General.--The Secretary shall establish a competitive grant \nprogram to assist States, localities, and governmental authorities to \npurchase, operate, and facilitate the use of alternative fuel vehicles \nin linked transportation systems.\n (b) Eligible Projects.--To receive Federal assistance under the \npilot program, a proposal shall--\n (1) have been made in accordance with the application \n requirements of subsection (e);\n (2) include only projects that provide new options in a \n locality for moving passengers or goods in alternative fuel \n vehicles; and\n (3) include at least one project to enable passengers or \n goods to be transferred directly from one alternative fuel \n vehicle to another in a linked transportation system.\n (c) Funding Limitations.--\n (1) Maximum number of grants.--The Secretary shall not \n provide grants to more than 15 applicants under the pilot \n program.\n (2) Maximum amount.--The Secretary shall not provide more \n than $20,000,000 in Federal assistance under the pilot program \n to any applicant.\n (3) Cost sharing.--\n (A) Federal share.--The Federal share of the cost \n of any project under the pilot program shall not exceed \n 50 percent of the eligible costs of the project.\n (B) Non-federal share.--Funds apportioned to a \n State under section 104(b)(2) of title 23, United \n States Code, for the congestion mitigation and air \n quality improvement program may be used by the State to \n pay for the non-Federal share of the cost of any \n project under the pilot program.\n (4) Maximum period of grants.--No applicant may receive \n Federal assistance under the pilot program for more than 5 \n years.\n (d) Allowable Project Costs.--The cost of a project eligible for \nFederal assistance under the pilot program may include only the \nfollowing:\n (1) The purchase of alternative fuel vehicles, including--\n (A) passenger vehicles;\n (B) buses used for public transportation or \n transportation to and from schools;\n (C) delivery vehicles for goods or services;\n (D) ground support vehicles at public airports, \n including vehicles to carry baggage or push airplanes \n away from terminal gates; and\n (E) two-wheel bikes, scooters, or other vehicles \n for use by law enforcement personnel or other State or \n local government employees.\n (2) Infrastructure necessary to directly support a project, \n including fueling and other support equipment.\n (3) Operation and maintenance of vehicles, infrastructure, \n and equipment purchased as part of a project with Federal \n assistance under the pilot program.\n (e) Proposals.--The Secretary shall issue requirements for applying \nfor grants under the pilot program. At a minimum, the Secretary shall \nrequire that applications be submitted by the head of a State or local \ngovernment or a metropolitan transportation authority, or any \ncombination thereof, and include--\n (1) an estimate of the ridership or degree of use of the \n projects proposed in the application;\n (2) an estimate of the air pollution emissions reduced and \n fossil fuel displaced as a result of the projects and a plan to \n collect and disseminate environmental data over the life of the \n projects;\n (3) a description of other existing modes of transportation \n to which the projects will connect or the degree to which \n proposed modes of transportation will be linked;\n (4) a description of how the projects will be sustainable \n without Federal assistance after the completion of the term of \n the demonstration;\n (5) a complete description of the costs of the project, \n including acquisition, construction, operation, and maintenance \n costs over the expected life of the project; and\n (6) a description of which costs will be supported by \n Federal assistance and which by assistance from non-Federal \n partners, including State and local governments and private \n entities.\n (f) Criteria.--In evaluating applications under the pilot program, \nthe Secretary shall consider each applicant's previous experience \ninvolving alternative fuel vehicles and shall approve the proposals \nthat--\n (1) are most likely to maximize--\n (A) protection of the environment, including \n reductions in air pollution emissions and the ability \n of the proposal to help achieve national, State, or \n local air quality goals;\n (B) enhancement of the local or national public \n transportation system, especially the degree to which \n the proposal connects various modes of transportation;\n (C) nationwide deployment of innovative \n transportation technology or important new \n configurations of intermodal transportation systems \n that increase the use of alternative fuel vehicles;\n (D) the amount of goods transported or number of \n riders served; and\n (E) stimulation of the national or regional \n economy;\n (2) demonstrate the greatest commitment on the part of the \n applicant to fund the proposal and the greatest likelihood that \n each project in the proposal will be maintained and expanded \n after Federal assistance is exhausted; and\n (3) assure a broad geographic distribution of project \n sites.\n (g) Schedule.--\n (1) Publication.--Not later than 90 days after the date of \n enactment of this Act, the Secretary shall publish in the \n Federal Register, and elsewhere as appropriate, a request for \n proposals to undertake projects under the pilot program. \n Applications for such proposals shall be due within 180 days of \n the publication of the notice.\n (2) Selection.--Not later than 180 days after the date by \n which applications for grants are due, the Secretary shall \n select all proposals to be carried out under the pilot program.\n\nSEC. 5. REPORT TO CONGRESS.\n\n Not later than 36 months after the date of enactment of this Act, \nthe Secretary shall transmit to the Committee on Transportation and \nInfrastructure of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate a report \ncontaining--\n (1) an evaluation of the effectiveness of the pilot program \n including an assessment of the benefits to the environment \n derived from the projects included in the pilot program as well \n as an estimate of the potential benefits to the environment to \n be derived from widespread application of such intermodal \n transportation activities;\n (2) an identification of other applicants that submitted \n project applications for the pilot program; and\n (3) a description of the mechanisms used by the Secretary \n to ensure that the information and know-how gained by \n participants in the pilot program is transferred among the \n pilot program participants and to other interested parties, \n including other applicants that submitted project applications.\n\nSEC. 6. AUTHORIZATIONS.\n\n (a) In General.--There is authorized to be appropriated \n$200,000,000 to carry out this Act.\n (b) Availability of Amounts.--Amounts appropriated to carry out \nthis Act shall remain available until expended.","summary":"Directs the Secretary to report to specified congressional committees on: (1) the effectiveness of the pilot program, including an assessment of the benefits to the environment derived from the projects included in the program as well as an estimate of the potential benefits to the environment to be derived from widespread application of such intermodal transportation activities. And (2) the mechanisms used by the Secretary to ensure that the information and knowhow gained by program participants is transferred among them and to other interested parties, including other project applicants. Authorizes appropriations.","title":"Alternative Fuel Vehicles Intermodal Transportation Act","text_len":9923,"sum_len":623} {"bill_id":"108_hr2629","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``New Aid for Trustworthy, Affordable \nDrugs Act (NAFTA Drugs Act)''.\n\nSEC. 2. HARMONIZATION OF DRUG LAWS REGARDING IMPORTATION INTO NAFTA \n COUNTRIES FROM OTHER NAFTA COUNTRIES.\n\n Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n383) is amended by adding at the end the following subsection:\n ``(d)(1) Consistent with the North American Free Trade Agreement \napproved by the Congress under section 101(a) of Public Law 103-182 \n(referred to in this subsection as `NAFTA'), the United States Trade \nRepresentative shall seek to enter into agreements with other NAFTA \ncountries to harmonize regulatory requirements for drugs such that \ndrugs approved for commercial distribution in any NAFTA country may be \nimported or exported from any NAFTA country into any NAFTA country.\n ``(2) The United States Trade Representative shall carry out this \nsubsection in consultation with the Secretary and the Commissioner of \nFood and Drugs.\n ``(3) The United States Trade Representative may enter into a \nharmonization agreement under paragraph (1) only if such Representative \ndetermines as follows:\n ``(A) That the proposed agreement provides for regulatory \n standards for drugs that are consistent with the requirements \n of this Act.\n ``(B) That the proposed agreement provides for--\n ``(i) the display of a seal on the labeling of the \n drugs involved, whose purpose is to indicate that the \n drugs meet the standards of the harmonization agreement \n and may be imported as provided in paragraph (1);\n ``(ii) uniform standards applicable to the display \n of such a seal in any NAFTA country; and\n ``(iii) approval of such a seal by the appropriate \n health authority in any NAFTA country before the \n display of the seal in that country, for the purpose of \n ensuring that the seal complies with the uniform \n standards described in clause (ii).\n ``(C) That the proposed agreement provides that a drug may \n not be imported into a NAFTA country from another NAFTA country \n unless the labeling of the drug bears a seal described in \n subparagraph (B).\n ``(D) That the proposed agreement provides for a system of \n unique tracking numbers to indicate--\n ``(i) the manufacturer of the drug involved, the \n NAFTA country of origin, and the wholesale distributors \n of the drug; and\n ``(ii) in the case of a prescription drug, the \n pharmacy that dispenses the drug.\n ``(E) That the proposed agreement provides for--\n ``(i) the placement of a seal described in \n subparagraph (B) on the labeling of a drug only by a \n pharmacy registered in accordance with this \n subparagraph;\n ``(ii) registration of pharmacies in each NAFTA \n country by the appropriate health authority in each \n such country for the purpose of authorizing such \n pharmacies to place a seal described in subparagraph \n (B) on the labeling of drugs; and\n ``(iii) uniform standards applicable to such \n registration.\n ``(F) That the proposed agreement--\n ``(i) requires drug manufacturers to reimburse the \n Secretary of Health and Human Services for benefits \n derived by such manufacturers from research performed \n by the National Institutes of Health; and\n ``(ii) authorizes use of such reimbursement to pay \n the expenses incurred by the Food and Drug \n Administration in approving seals under subparagraph \n (B) and registering pharmacies under subparagraph (E).\n ``(G) That the proposed agreement prohibits any \n discrimination by any person in the manufacture, distribution, \n or sale of any drug that bears a seal described in subparagraph \n (B), on the basis of a prospective customer's citizenship or \n residency in a NAFTA country, or on the basis of a request for \n shipment of the drug to any NAFTA country.\n ``(4) The authority of the United States Trade Representative to \nenter a harmonization agreement under paragraph (1) terminates one year \nafter the date of the enactment of New Aid for Trustworthy, Affordable \nDrugs Act (NAFTA Drugs Act).\n ``(5) For purposes of this subsection, the term `NAFTA country' \nmeans each of the United States, Canada, and the United Mexican \nStates--\n ``(A) for such time as NAFTA is in force with respect to \n such country; and\n ``(B) in the case of each of Canada and the United Mexican \n States, for such time as the United States applies NAFTA to \n such country.''.","summary":"New Aid for Trustworthy, Affordable Drugs Act - Directs the United States Trade Representative (USTR) to enter into agreements with other North American Free Trade Agreement (NAFTA) countries to harmonize regulatory requirements such that drugs approved for commercial distribution in any NAFTA country may be imported or exported between NAFTA countries. Permits the USTR to enter into such an agreement only if the agreement provides for: (1) regulatory standards for drugs that are consistent with the requirements of this Act. (2) a seal, to be placed only by a registered pharmacy, certifying that a given drug meets the standards of the harmonization agreement and may be imported. (3) a unique system of tracking numbers identifying certain entities, including the drug manufacturer and the NAFTA county of origin. (4) the reimbursement by drug manufacturers of the Secretary of Health and Human Services for benefits derived from National Institutes of Health research. Sets a sunset of one year after the passage of this Act for the authority of the USTR to enter into harmonization agreements under this Act.","title":"To provide for the importation of drugs into the United States from Canada and Mexico, and for other purposes.","text_len":5151,"sum_len":1118} {"bill_id":"104_hr3923","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Aviation Disaster Family Assistance \nAct of 1996''.\n\nSEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES \n OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.\n\n (a) Authority To Provide Assistance.--\n (1) In general.--Subchapter III of chapter 11 of title 49, \n United States Code, is amended by adding at the end the \n following:\n``Sec. 1136. Assistance to families of passengers involved in aircraft \n accidents\n ``(a) In General.--As soon as practicable after being notified of \nan aircraft accident within the United States involving an air carrier \nor foreign air carrier and resulting in a major loss of life, the \nChairman of the National Transportation Safety Board shall--\n ``(1) designate and publicize the name and phone number of \n a director of family support services who shall be an employee \n of the Board and shall be responsible for acting as a point of \n contact within the Federal Government for the families of \n passengers involved in the accident and a liaison between the \n air carrier or foreign air carrier and the families; and\n ``(2) designate an independent nonprofit organization, with \n experience in disasters and posttrauma communication with \n families, which shall have primary responsibility for \n coordinating the emotional care and support of the families of \n passengers involved in the accident.\n ``(b) Responsibilities of the Board.--The Board shall have primary \nFederal responsibility for facilitating the recovery and identification \nof fatally-injured passengers involved in an accident described in \nsubsection (a).\n ``(c) Responsibilities of Designated Organization.--The \norganization designated for an accident under subsection (a)(2) shall \nhave the following responsibilities with respect to the families of \npassengers involved in the accident:\n ``(1) To provide mental health and counseling services, in \n coordination with the disaster response team of the air carrier \n or foreign air carrier involved.\n ``(2) To take such actions as may be necessary to provide \n an environment in which the families may grieve in private.\n ``(3) To meet with the families who have traveled to the \n location of the accident, to contact the families unable to \n travel to such location, and to contact all affected families \n periodically thereafter until such time as the organization, in \n consultation with the director of family support services \n designated for the accident under subsection (a)(1), determines \n that further assistance is no longer needed.\n ``(4) To communicate with the families as to the roles of \n the organization, government agencies, and the air carrier or \n foreign air carrier involved with respect to the accident and \n the post-accident activities.\n ``(5) To arrange a suitable memorial service, in \n consultation with the families.\n ``(d) Passenger Lists.--\n ``(1) Requests for passenger lists.--\n ``(A) Requests by director of family support \n services.--It shall be the responsibility of the \n director of family support services designated for an \n accident under subsection (a)(1) to request, as soon as \n practicable, from the air carrier or foreign air \n carrier involved in the accident a list, which is based \n on the best available information at the time of the \n request, of the names of the passengers that were \n aboard the aircraft involved in the accident.\n ``(B) Requests by designated organization.--The \n organization designated for an accident under \n subsection (a)(2) may request from the air carrier or \n foreign air carrier involved in the accident a list \n described in subparagraph (A).\n ``(2) Use of information.--The director of family support \n services and the organization may not release to any person \n information on a list obtained under paragraph (1) but may \n provide information on the list about a passenger to the family \n of the passenger to the extent that the director of family \n support services or the organization considers appropriate.\n ``(e) Continuing Responsibilities of the Board.--In the course of \nits investigation of an accident described in subsection (a), the Board \nshall, to the maximum extent practicable, ensure that the families of \npassengers involved in the accident--\n ``(1) are briefed, prior to any public briefing, about the \n accident, its causes, and any other findings from the \n investigation; and\n ``(2) are individually informed of and allowed to attend \n any public hearings and meetings of the Board about the \n accident.\n ``(f) Use of Air Carrier Resources.--To the extent practicable, the \norganization designated for an accident under subsection (a)(2) shall \ncoordinate its activities with the air carrier or foreign air carrier \ninvolved in the accident so that the resources of the carrier can be \nused to the greatest extent possible to carry out the organization's \nresponsibilities under this section.\n ``(g) Prohibited Actions.--\n ``(1) Actions to impede the board.--No person (including a \n State or political subdivision) may impede the ability of the \n Board (including the director of family support services \n designated for an accident under subsection (a)(1)), or an \n organization designated for an accident under subsection \n (a)(2), to carry out its responsibilities under this section or \n the ability of the families of passengers involved in the \n accident to have contact with one another.\n ``(2) Unsolicited communications.--In the event of an \n accident involving an air carrier providing interstate or \n foreign air transportation, no unsolicited communication \n concerning a potential action for personal injury or wrongful \n death may be made by an attorney, representative of an \n attorney, insurance company, or air carrier litigation \n representative to an individual injured in the accident, or to \n a relative of an individual involved in the accident, before \n the 30th day following the date of the accident.\n ``(h) Definitions.--In this section, the following definitions \napply:\n ``(1) Aircraft accident.--The term `aircraft accident' \n means any aviation disaster regardless of its cause or \n suspected cause.\n ``(2) Passenger.--The term `passenger' includes an employee \n of an air carrier aboard an aircraft.''.\n (2) Conforming amendment.--The table of sections for \n chapter 11 of such title is amended by inserting after the item \n relating to section 1135 the following:\n\n``1136. Assistance to families of passengers involved in aircraft \n accidents.''.\n (b) Penalties.--Section 1155(a)(1) of such title is amended--\n (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, \n section 1134(b), section 1134(f)(1), or section 1136(g)''; and\n (2) by striking ``either of'' and inserting ``any of''.\n\nSEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS \n INVOLVED IN AIRCRAFT ACCIDENTS.\n\n (a) In General.--Chapter 411 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 41113. Plans to address needs of families of passengers involved \n in aircraft accidents\n ``(a) Submission of Plans.--Not later than 6 months after the date \nof the enactment of this section, each air carrier holding a \ncertificate of public convenience and necessity under section 41102 of \nthis title shall submit to the Secretary and the Chairman of the \nNational Transportation Safety Board a plan for addressing the needs of \nthe families of passengers involved in any aircraft accident involving \nan aircraft of the air carrier and resulting in a major loss of life.\n ``(b) Contents of Plans.--A plan to be submitted by an air carrier \nunder subsection (a) shall include, at a minimum, the following:\n ``(1) A plan for publicizing a reliable, toll-free \n telephone number, and for providing staff, to handle calls from \n the families of the passengers.\n ``(2) A process for notifying the families of the \n passengers, before providing any public notice of the names of \n the passengers, either by utilizing the services of the \n organization designated for the accident under section \n 1136(a)(2) of this title or the services of other suitably \n trained individuals.\n ``(3) An assurance that the notice described in paragraph \n (2) will be provided to the family of a passenger as soon as \n the air carrier has verified that the passenger was aboard the \n aircraft (whether or not the names of all of the passengers \n have been verified) and, to the extent practicable, in person.\n ``(4) An assurance that the air carrier will provide to the \n director of family support services designated for the accident \n under section 1136(a)(1) of this title, and to the organization \n designated for the accident under section 1136(a)(2) of this \n title, immediately upon request, a list (which is based on the \n best available information at the time of the request) of the \n names of the passengers aboard the aircraft (whether or not \n such names have been verified), and will periodically update \n the list.\n ``(5) An assurance that the family of each passenger will \n be consulted about the disposition of all remains and personal \n effects of the passenger.\n ``(6) An assurance that if requested by the family of a \n passenger, any possession of the passenger within the control \n of the air carrier (regardless of its condition) will be \n returned to the family unless the possession is needed for the \n accident investigation or any criminal investigation.\n ``(7) An assurance that any unclaimed possession of a \n passenger within the control of the air carrier will be \n retained by the air carrier for at least 18 months.\n ``(8) An assurance that the family of each passenger will \n be consulted about construction by the air carrier of any \n monument to the passengers, including any inscription on the \n monument.\n ``(9) An assurance that the treatment of the families of \n nonrevenue passengers (and any other victim of the accident) \n will be the same as the treatment of the families of revenue \n passengers.\n ``(10) An assurance that the air carrier will work with any \n organization designated under section 1136(a)(2) of this title \n on an ongoing basis to ensure that families of passengers \n receive an appropriate level of services and assistance \n following each accident.\n ``(11) An assurance that the air carrier will provide \n reasonable compensation to any organization designated under \n section 1136(a)(2) of this title for services provided by the \n organization.\n ``(12) An assurance that the air carrier will assist the \n family of a passenger in traveling to the location of the \n accident and provide for the physical care of the family while \n the family is staying at such location.\n ``(13) An assurance that the air carrier will commit \n sufficient resources to carry out the plan.\n ``(c) Certificate Requirement.--After the date that is 6 months \nafter the date of the enactment of this section, the Secretary may not \napprove an application for a certificate of public convenience and \nnecessity under section 41102 of this title unless the applicant has \nincluded as part of such application a plan that meets the requirements \nof subsection (b).\n ``(d) Limitation on Liability.--An air carrier shall not be liable \nfor damages in any action brought in a Federal or State court arising \nout of the performance of the air carrier in preparing or providing a \npassenger list pursuant to a plan submitted by the air carrier under \nsubsection (b), unless such liability was caused by conduct of the air \ncarrier which was grossly negligent or which constituted intentional \nmisconduct.\n ``(e) Aircraft Accident and Passenger Defined.--In this section, \nthe terms `aircraft accident' and `passenger' have the meanings such \nterms have in section 1136 of this title.''.\n (b) Conforming Amendment.--The table of sections for such chapter \nis amended by adding at the end the following:\n\n``41113. Plans to address needs of families of passengers involved in \n aircraft accidents.''.\n\nSEC. 4. ESTABLISHMENT OF TASK FORCE.\n\n (a) Establishment.--The Secretary of Transportation, in cooperation \nwith the National Transportation Safety Board, the Federal Emergency \nManagement Agency, the American Red Cross, air carriers, and families \nwhich have been involved in aircraft accidents shall establish a task \nforce consisting of representatives of such entities and families, \nrepresentatives of air carrier employees, and representatives of such \nother entities as the Secretary considers appropriate.\n (b) Model Plan and Recommendations.--The task force established \npursuant to subsection (a) shall develop--\n (1) a model plan to assist air carriers in responding to \n aircraft accidents;\n (2) recommendations on methods to ensure that attorneys and \n representatives of media organizations do not intrude on the \n privacy of families of passengers involved in an aircraft \n accident;\n (3) recommendations on methods to ensure that the families \n of passengers involved in an aircraft accident who are not \n citizens of the United States receive appropriate assistance;\n (4) recommendations on methods to ensure that State mental \n health licensing laws do not act to prevent out-of-state mental \n health workers from working at the site of an aircraft accident \n or other related sites;\n (5) recommendations on the extent to which military experts \n and facilities can be used to aid in the identification of the \n remains of passengers involved in an aircraft accident; and\n (6) recommendations on methods to improve the timeliness of \n the notification provided by air carriers to the families of \n passengers involved in an aircraft accident, including--\n (A) an analysis of the steps that air carriers \n would have to take to ensure that an accurate list of \n passengers on board the aircraft would be available \n within 1 hour of the accident and an analysis of such \n steps to ensure that such list would be available \n within 3 hours of the accident;\n (B) an analysis of the added costs to air carriers \n and travel agents that would result if air carriers \n were required to take the steps described in \n subparagraph (A); and\n (C) an analysis of any inconvenience to passengers, \n including flight delays, that would result if air \n carriers were required to take the steps described in \n subparagraph (A).\n (c) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary shall transmit to Congress a report \ncontaining the model plan and recommendations developed by the task \nforce under subsection (b).\n\nSEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.\n\n Nothing in this Act or any amendment made by this Act may be \nconstrued as limiting the actions that an air carrier may take, or the \nobligations that an air carrier may have, in providing assistance to \nthe families of passengers involved in an aircraft accident.\n\n Passed the House of Representatives September 18, 1996.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"Aviation Disaster Family Assistance Act of 1996 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board (NTSB), after an accident involving a domestic or foreign aircraft that results in a major loss of life of passengers, to: (1) designate and publicize the name and phone number of a director of family support services to be a Government liaison between the air carrier or foreign air carrier and the families of the passengers. And (2) designate an experienced, independent nonprofit organization which shall have primary responsibility for coordinating the care and support of the passengers' families. Declares that the NTSB shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an aircraft accident. Prohibits: (1) any person from impeding the ability of the NTSB, or the designated organization, from carrying out its responsibilities under this Act. And (2) any unsolicited communications from being made to the families concerning potential action for personal injury or wrongful death before the 30th day following the accident. Sets forth penalties for violations of this Act. Requires each air carrier to submit to the Secretary of Transportation and the Chairman of NTSB a plan for addressing the needs of the passengers' families. Specifies minimum requirements for such a plan. Prohibits the Secretary from approving an air carrier's application for a certificate of public convenience and necessity unless it includes such plan in its application. Requires the Secretary to establish a task force to develop: (1) a model plan to assist air carriers in responding to aircraft accidents. (2) recommendations to the Congress on methods to ensure that attorneys and the media do not intrude on the privacy of the passengers' families. And (3) recommendations on methods with respect to assistance to non-citizens, out-of-state mental health workers at the accident site, the use of military experts and facilities in passenger remains identification, and timeliness of airline notification to families of victims.","title":"Aviation Disaster Family Assistance Act of 1996","text_len":16907,"sum_len":2153} {"bill_id":"104_hr3842","text":"SECTION 1. QUALIFIED STATE TUITION PROGRAMS.\n\n (a) In General.--Subchapter F of chapter 1 of the Internal Revenue \nCode of 1986 (relating to exempt organizations) is amended by adding at \nthe end the following new part:\n\n ``PART VIII--QUALIFIED STATE TUITION PROGRAMS\n\n ``Sec. 529. Qualified State tuition \n programs.\n\n``SEC. 529. QUALIFIED STATE TUITION PROGRAMS.\n\n ``(a) General Rule.--A qualified State tuition program shall be \nexempt from taxation under this subtitle. Notwithstanding the preceding \nsentence, such program shall be subject to the taxes imposed by section \n511 (relating to imposition of tax on unrelated business income of \ncharitable organizations).\n ``(b) Qualified State Tuition Program.--For purposes of this \nsection--\n ``(1) In general.--The term `qualified State tuition \n program' means a program established and maintained by a State \n or agency or instrumentality thereof--\n ``(A) under which a person--\n ``(i) may purchase tuition credits or \n certificates on behalf of a designated \n beneficiary which entitle the beneficiary to \n the waiver or payment of qualified higher \n education expenses of the beneficiary, or\n ``(ii) may make contributions to an account \n which is established for the sole purpose of \n meeting the qualified higher education expenses \n of the designated beneficiary of the account, \n and\n ``(B) which meets the other requirements of this \n subsection.\n ``(2) Cash contributions.--A program shall not be treated \n as a qualified State tuition program unless it provides that \n purchases or contributions may only be made in cash.\n ``(3) Refunds.--A program shall not be treated as a \n qualified State tuition program unless it imposes a more than \n de minimis penalty on any refund of earnings from the account \n which are not--\n ``(A) used for qualified higher education expenses \n of the designated beneficiary,\n ``(B) made on account of the death or disability of \n the designated beneficiary, or\n ``(C) made on account of a scholarship received by \n the designated beneficiary to the extent the amount of \n the refund does not exceed the amount of the \n scholarship used for qualified higher education \n expenses.\n ``(4) Separate accounting.--A program shall not be treated \n as a qualified State tuition program unless it provides \n separate accounting for each designated beneficiary.\n ``(5) No investment direction.--A program shall not be \n treated as a qualified State tuition program unless it provides \n that any contributor to, or designated beneficiary under, such \n program may not direct the investment of any contributions to \n the program (or any earnings thereon).\n ``(6) No pledging of interest as security.--A program shall \n not be treated as a qualified State tuition program if it \n allows any interest in the program or any portion thereof to be \n used as security for a loan.\n ``(c) Tax Treatment of Designated Beneficiaries and Contributors.--\n ``(1) In general.--Except as otherwise provided in this \n subsection, no amount shall be includible in gross income of--\n ``(A) a designated beneficiary under a qualified \n State tuition program, or\n ``(B) a contributor to such program on behalf of a \n designated beneficiary,\n with respect to any distribution from, or earnings under, such \n program.\n ``(2) Distributions.--\n ``(A) In general.--Any distribution under a \n qualified State tuition program shall be includible in \n the gross income of the distributee in the same manner \n as provided under section 72 to the extent not excluded \n from gross income under any other provision of this \n chapter.\n ``(B) In-kind distributions.--The furnishing of \n education to a designated beneficiary under a qualified \n State tuition program shall be treated as a \n distribution to the beneficiary.\n ``(C) Change in beneficiaries.--\n ``(i) Rollovers.--Subparagraph (A) shall \n not apply to that portion of any distribution \n which, within 60 days of such distribution, is \n transferred to the credit of another designated \n beneficiary under a qualified State tuition \n program who is a member of the same family as \n the designated beneficiary with respect to \n which the distribution was made.\n ``(ii) Change in designated \n beneficiaries.--Any change in the designated \n beneficiary of an interest in a qualified State \n tuition program shall not be treated as a \n distribution for purposes of subparagraph (A) \n if the new beneficiary is a member of the same \n family as the old beneficiary.\n ``(D) Operating rules.--For purposes of applying \n section 72--\n ``(i) all qualified State tuition programs \n of which an individual is a designated \n beneficiary shall be treated as one program,\n ``(ii) all distributions during a taxable \n year shall be treated as one distribution, and\n ``(iii) the value of the contract, income \n on the contract, and investment in the contract \n shall be computed as of the close of the \n calendar year in which the taxable year begins.\n ``(3) Gift tax treatment.--Any contribution on behalf of a \n designated beneficiary to a qualified State tuition program \n shall be treated as a qualified transfer for purposes of \n section 2503(e).\n ``(d) Reporting Requirements.--\n ``(1) In general.--If--\n ``(A) a designated beneficiary is furnished \n education under a qualified State tuition program \n during any calendar year, or\n ``(B) there is a distribution to any individual \n with respect to an interest in such program during any \n calendar year,\n each officer or employee having control of the qualified State \n tuition program or their designee shall make such reports as \n the Secretary may require regarding such education or \n distribution to the Secretary and to the designated beneficiary \n or the individual to whom the distribution was made. Any such \n report shall include such information as the Secretary may \n prescribe.\n ``(2) Timing of reports.--Any report required by this \n subsection--\n ``(A) shall be filed at such time and in such \n matter as the Secretary prescribes, and\n ``(B) shall be furnished to individuals not later \n than January 31 of the calendar year following the \n calendar year to which such report relates.\n ``(e) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Designated beneficiary.--The term `designated \n beneficiary' means--\n ``(A) the individual designated at the commencement \n of participation in the qualified State tuition program \n as the beneficiary of amounts paid (or to be paid) to \n the program,\n ``(B) in the case of a change in beneficiaries \n described in subsection (c)(2)(C)(ii), the individual \n who is the new beneficiary, and\n ``(C) in the case of an interest in a qualified \n State tuition program purchased by a State or local \n government or an organization described in section \n 501(c)(3) and exempt from taxation under section 501(a) \n as part of a scholarship program operated by such \n government or organization, the individual receiving \n such interest as a scholarship.\n ``(2) Member of family.--The term `member of family' has \n the same meaning given such term as section 2032A(e)(2).\n ``(3) Qualified higher education expenses.--The term \n `qualified higher education expenses' means tuition, fees, \n books, supplies, and equipment required for the enrollment or \n attendance of a designated beneficiary at an eligible education \n institution (as defined in section 135(c)(3)).\n ``(4) Application of section 514.--An interest in a \n qualified State tuition program shall not be treated as debt \n for purposes of section 514.''.\n (b) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years ending after the date of the enactment \n of this Act.\n (2) Transition rule.--If--\n (A) a State or agency or instrumentality thereof \n maintains, on the date of the enactment of this Act, a \n program under which persons may purchase tuition \n credits or certificates on behalf of, or make \n contributions for education expenses of, a designated \n beneficiary, and\n (B) such program meets the requirements of a \n qualified State tuition program before the later of--\n (i) the date which is 1 year after such \n date of enactment, or\n (ii) the first day of the first calendar \n quarter after the close of the first regular \n session of the State legislature that begins \n after such date of enactment,\n the amendments made by this section shall apply to \n contributions (and earnings allocable thereto) made \n before the later of such dates without regard to \n whether any requirements of such amendments are met \n with respect to such contributions and earnings. For \n purposes of subparagraph (B)(ii), if a State has a 2-\n year legislative session, each year of such session \n shall be deemed to be a separate regular session of the \n State legislature.","summary":"Amends the Internal Revenue Code to exempt from taxation a qualified State tuition program. Defines such a program.","title":"To amend the Internal Revenue Code of 1986 to provide an exemption from income taxation for qualified State tuition programs.","text_len":11470,"sum_len":115} {"bill_id":"107_hr4481","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airport Streamlining Approval \nProcess Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) airports play a major role in interstate and foreign \n commerce;\n (2) congestion and delays at our Nation's major airports \n have a significant negative impact on our Nation's economy;\n (3) airport capacity enhancement projects at congested \n airports are a national priority and should be constructed on \n an expedited basis;\n (4) airport capacity enhancement projects must include an \n environmental review process that provides local citizenry an \n opportunity for consideration of and appropriate action to \n address environmental concerns; and\n (5) the Federal Aviation Administration, airport \n authorities, communities, and other Federal, State, and local \n government agencies must work together to develop a plan, set \n and honor milestones and deadlines, and work to protect the \n environment while sustaining the economic vitality that will \n result from the continued growth of aviation.\n\nSEC. 3. PROMOTION OF NEW RUNWAYS.\n\n Section 40104 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(c) Airport Capacity Enhancement Projects at Congested \nAirports.--In carrying out subsection (a), the Administrator shall take \naction to encourage the construction of airport capacity enhancement \nprojects at congested airports as those terms are defined in section \n47179.''.\n\nSEC. 4. AIRPORT PROJECT STREAMLINING.\n\n (a) In General.--Chapter 471 of title 49, United States Code, is \namended by inserting after section 47153 the following:\n\n ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING\n\n``Sec. 47171. DOT as lead agency\n ``(a) Airport Project Review Process.--The Secretary of \nTransportation shall develop and implement a coordinated review process \nfor airport capacity enhancement projects at congested airports.\n ``(b) Coordinated Reviews.--The coordinated review process under \nthis section shall provide that all environmental reviews, analyses, \nopinions, permits, licenses, and approvals that must be issued or made \nby a Federal agency or airport sponsor for an airport capacity \nenhancement project at a congested airport will be conducted \nconcurrently, to the maximum extent practicable, and completed within a \ntime period established by the Secretary, in cooperation with the \nagencies identified under subsection (c) with respect to the project.\n ``(c) Identification of Jurisdictional Agencies.--With respect to \neach airport capacity enhancement project at a congested airport, the \nSecretary shall identify, as soon as practicable, all Federal and State \nagencies that may have jurisdiction over environmental-related matters \nthat may be affected by the project or may be required by law to \nconduct an environmental-related review or analysis of the project or \ndetermine whether to issue an environmental-related permit, license, or \napproval for the project.\n ``(d) State Authority.--If a coordinated review process is being \nimplemented under this section by the Secretary with respect to a \nproject at an airport within the boundaries of a State, the State, \nconsistent with State law, may choose to participate in such process \nand provide that all State agencies that have jurisdiction over \nenvironmental-related matters that may be affected by the project or \nmay be required by law to conduct an environmental-related review or \nanalysis of the project or determine whether to issue an environmental-\nrelated permit, license, or approval for the project, be subject to the \nprocess.\n ``(e) Memorandum of Understanding.--The coordinated review process \ndeveloped under this section may be incorporated into a memorandum of \nunderstanding for a project between the Secretary and the heads of \nother Federal and State agencies identified under subsection (c) with \nrespect to the project and the airport sponsor.\n ``(f) Effect of Failure To Meet Deadline.--\n ``(1) Notification of congress and ceq.--If the Secretary \n determines that a Federal agency, State agency, or airport \n sponsor that is participating in a coordinated review process \n under this section with respect to a project has not met a \n deadline established under subsection (b) for the project, the \n Secretary shall notify, within 30 days of the date of such \n determination, the Committee on Transportation and \n Infrastructure of the House of Representatives, the Committee \n on Commerce, Science, and Transportation of the Senate, the \n Council on Environmental Quality, and the agency or sponsor \n involved about the failure to meet the deadline.\n ``(2) Agency report.--Not later than 30 days after date of \n receipt of a notice under paragraph (1), the agency or sponsor \n involved shall submit a report to the Secretary, the Committee \n on Transportation and Infrastructure of the House of \n Representatives, the Committee on Commerce, Science, and \n Transportation of the Senate, and the Council on Environmental \n Quality explaining why the agency or sponsor did not meet the \n deadline and what actions it intends to take to complete or \n issue the required review, analysis, opinion, license, or \n approval.\n ``(g) Purpose and Need.--For any environmental review, analysis, \nopinion, permit, license, or approval that must be issued or made by a \nFederal or State agency that is participating in a coordinated review \nprocess under this section with respect to an airport capacity \nenhancement project at a congested airport and that requires an \nanalysis of purpose and need for the project, the agency, \nnotwithstanding any other provision of law, shall be bound by the \nproject purpose and need as defined by the Secretary.\n ``(h) Alternatives Analysis.--The Secretary shall determine the \nreasonable alternatives to an airport capacity enhancement project at a \ncongested airport. Any other Federal or State agency that is \nparticipating in a coordinated review process under this section with \nrespect to the project shall consider only those alternatives to the \nproject that the Secretary has determined are reasonable.\n ``(i) Solicitation and Consideration of Comments.--In applying \nsubsections (g) and (h), the Secretary shall solicit and consider \ncomments from interested persons and governmental entities.\n``Sec. 47172. Categorical exclusions\n ``Not later than 120 days after the date of enactment of this \nsection, the Secretary of Transportation shall develop and publish a \nlist of categorical exclusions from the requirement that an \nenvironmental assessment or an environmental impact statement be \nprepared under the National Environmental Policy Act of 1969 (42 U.S.C. \n4321 et seq.) for projects at airports.\n``Sec. 47173. Access restrictions to ease construction\n ``At the request of an airport sponsor for a congested airport, the \nSecretary of Transportation may approve a restriction on use of a \nrunway to be constructed at the airport to minimize potentially \nsignificant adverse noise impacts from the runway only if the Secretary \ndetermines that imposition of the restriction--\n ``(1) is necessary to mitigate those impacts and expedite \n construction of the runway;\n ``(2) is the most appropriate and a cost-effective measure \n to mitigate those impacts, taking into consideration any \n environmental tradeoffs associated with the restriction; and\n ``(3) would not adversely affect service to small \n communities, adversely affect safety or efficiency of the \n national airspace system, unjustly discriminate against any \n class of user of the airport, or impose an undue burden on \n interstate or foreign commerce.\n``Sec. 47174. Airport revenue to pay for mitigation\n ``(a) In General.--Notwithstanding section 47107(b), section 47133, \nor any other provision of this title, the Secretary of Transportation \nmay allow an airport sponsor carrying out an airport capacity \nenhancement project at a congested airport to make payments, out of \nrevenues generated at the airport (including local taxes on aviation \nfuel), for measures to mitigate the environmental impacts of the \nproject if the Secretary finds that--\n ``(1) the mitigation measures are included as part of, or \n are consistent with, the preferred alternative for the project \n in the documentation prepared pursuant to the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);\n ``(2) the use of such revenues will provide a significant \n incentive for, or remove an impediment to, approval of the \n project by a State or local government; and\n ``(3) the cost of the mitigation measures is reasonable in \n relation to the mitigation that will be achieved.\n ``(b) Mitigation of Aircraft Noise.--Mitigation measures described \nin subsection (a) may include the insulation of residential buildings \nand buildings used primarily for educational or medical purposes to \nmitigate the effects of aircraft noise and the improvement of such \nbuildings as required for the insulation of the buildings under local \nbuilding codes.\n``Sec. 47175. Airport funding of FAA staff\n ``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any \nother provision of law, the Administrator of the Federal Aviation \nAdministration may accept funds from an airport sponsor, including \nfunds provided to the sponsor under section 47114(c), to hire \nadditional staff or obtain the services of consultants in order to \nfacilitate the timely processing, review, and completion of \nenvironmental activities associated with an airport development \nproject.\n ``(b) Administrative Provision.--Instead of payment from an airport \nsponsor from funds apportioned to the sponsor under section 47114, the \nAdministrator, with agreement of the sponsor, may transfer funds that \nwould otherwise be apportioned to the sponsor under section 47114 to \nthe account used by the Administrator for activities described in \nsubsection (a).\n ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding \nsection 3302 of title 31, any funds accepted under this section, except \nfunds transferred pursuant to subsection (b)--\n ``(1) shall be credited as offsetting collections to the \n account that finances the activities and services for which the \n funds are accepted;\n ``(2) shall be available for expenditure only to pay the \n costs of activities and services for which the funds are \n accepted; and\n ``(3) shall remain available until expended.\n ``(d) Maintenance of Effort.--No funds may be accepted pursuant to \nsubsection (a), or transferred pursuant to subsection (b), in any \nfiscal year in which the Federal Aviation Administration does not \nallocate at least the amount it expended in fiscal year 2002, excluding \namounts accepted pursuant to section 337 of the Department of \nTransportation and Related Agencies Appropriations Act, 2002 (115 Stat. \n862), for the activities described in subsection (a).\n``Sec. 47176. Authorization of appropriations\n ``In addition to the amounts authorized to be appropriated under \nsection 106(k), there is authorized to be appropriated to the Secretary \nof Transportation, out of the Airport and Airway Trust Fund established \nunder section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. \n9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal \nyear thereafter to facilitate the timely processing, review, and \ncompletion of environmental activities associated with airport capacity \nenhancement projects at congested airports.\n``Sec. 47177. Judicial review\n ``(a) Filing and Venue.--A person disclosing a substantial interest \nin an order issued by the Secretary of Transportation or the head of \nany other Federal agency under this part or a person or agency relying \non any determination made under this part may apply for review of the \norder by filing a petition for review in the United States Court of \nAppeals for the District of Columbia Circuit or in the court of appeals \nof the United States for the circuit in which the person resides or has \nits principal place of business. The petition must be filed not later \nthan 60 days after the order is issued. The court may allow the \npetition to be filed after the 60th day only if there are reasonable \ngrounds for not filing by the 60th day.\n ``(b) Judicial Procedures.--When a petition is filed under \nsubsection (a) of this section, the clerk of the court immediately \nshall send a copy of the petition to the Secretary or the head of any \nother Federal agency involved. The Secretary or the head of such other \nagency shall file with the court a record of any proceeding in which \nthe order was issued.\n ``(c) Authority of Court.--When the petition is sent to the \nSecretary or the head of any other Federal agency involved, the court \nhas exclusive jurisdiction to affirm, amend, modify, or set aside any \npart of the order and may order the Secretary or the head of such other \nagency to conduct further proceedings. After reasonable notice to the \nSecretary or the head of such other agency, the court may grant interim \nrelief by staying the order or taking other appropriate action when \ngood cause for its action exists. Findings of fact by the Secretary or \nthe head of such other agency are conclusive if supported by \nsubstantial evidence.\n ``(d) Requirement for Prior Objection.--In reviewing an order of \nthe Secretary or the head of any other Federal agency under this \nsection, the court may consider an objection to the action of the \nSecretary or the head of such other agency only if the objection was \nmade in the proceeding conducted by the Secretary or the head of such \nother agency or if there was a reasonable ground for not making the \nobjection in the proceeding.\n ``(e) Supreme Court Review.--A decision by a court under this \nsection may be reviewed only by the Supreme Court under section 1254 of \ntitle 28.\n ``(f) Order Defined.--In this section, the term `order' includes a \nrecord of decision or a finding of no significant impact.\n``Sec. 47178. Definitions\n ``In this subchapter, the following definitions apply:\n ``(1) Airport sponsor.--The term `airport sponsor' has the \n meaning given the term `sponsor' under section 47102.\n ``(2) Congested airport.--The term `congested airport' \n means an airport that accounted for at least 1 percent of all \n delayed aircraft operations in the United States in the most \n recent year for which such data is available and an airport \n listed in table 1 of the Federal Aviation Administration's \n Airport Capacity Benchmark Report 2001.\n ``(3) Airport capacity enhancement project.--The term \n `airport capacity enhancement project' means--\n ``(A) a project for construction or extension of a \n runway, including any land acquisition, taxiway, or \n safety area associated with the runway or runway \n extension; and\n ``(B) such other airport development projects as \n the Secretary may designate as facilitating a reduction \n in air traffic congestion and delays.''.\n (b) Conforming Amendment.--The analysis for chapter 471 of such \ntitle is amended by adding at the end the following:\n\n ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING\n\n``47171. DOT as lead agency.\n``47172. Categorical exclusions.\n``47173. Access restrictions to ease construction.\n``47174. Airport revenue to pay for mitigation.\n``47175. Airport funding of FAA staff.\n``47176. Authorization of appropriations.\n``47177. Judicial review.\n``47178. Definitions.''.\n\nSEC. 5. GOVERNOR'S CERTIFICATE.\n\n Section 47106(c) of title 49, United States Code, is amended--\n (1) in paragraph (1)--\n (A) by inserting ``and'' after the semicolon at the \n end of subparagraph (A)(ii);\n (B) by striking subparagraph (B); and\n (C) by redesignating subparagraph (C) as \n subparagraph (B);\n (2) in paragraph (2)(A) by striking ``stage 2'' and \n inserting ``stage 3'';\n (3) by striking paragraph (4); and\n (4) by redesignating paragraph (5) as paragraph (4).\n\nSEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.\n\n Section 47504(c)(2) of title 49, United States Code, is amended--\n (1) by striking ``and'' at the end of subparagraph (C);\n (2) by striking the period at the end of subparagraph (D) \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(E) to an airport operator of a congested airport \n (as defined in section 47178) and a unit of local \n government referred to in paragraph (1)(A) or (1)(B) of \n this subsection to carry out a project to mitigate \n noise in the area surrounding the airport if the \n project is included as a commitment in a record of \n decision of the Federal Aviation Administration for an \n airport capacity enhancement project (as defined in \n section 47178) even if that airport has not met the \n requirements of part 150 of title 14, Code of Federal \n Regulations.''.\n\nSEC. 7. LIMITATIONS.\n\n Nothing in this Act, including any amendment made by this Act, \nshall preempt or interfere with--\n (1) any practice of seeking public comment; and\n (2) any power, jurisdiction, or authority of a State agency \n or an airport sponsor has with respect to carrying out an \n airport capacity enhancement project.\n\n Passed the House of Representatives July 9, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.\n\n By Martha C. Morrison,\n\n Deputy Clerk.","summary":"Airport Streamlining Approval Process Act of 2002 - Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to take action to encourage the construction of airport capacity enhancement projects at congested airports. Directs the Secretary of Transportation to develop and implement a coordinated review process for such projects, which shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters. Requires: (1) the Secretary determine the reasonable alternatives to an airport capacity enhancement project at a congested airport. And (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable. Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the restriction is necessary and the most appropriate and cost-effective measure to mitigate such impacts and expedite runway construction. Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues , for measures to mitigate the environmental impacts of the project, including aircraft noise. Permits the FAA Administrator to accept funds from an airport sponsor to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project. Authorizes appropriations to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports. Permits a person disclosing a substantial interest in an order issued by the Secretary or the head of any other pertinent Federal agency to apply for judicial review of the order. Prescribes procedures and requirements for such an appeal. Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards. Revises the approval criteria without the requirement of an environmental impact statement for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for stage 3 aircraft . Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified unit of local government to carry out a project to mitigate noise in the area surrounding the airport, if the project is included as a commitment in an FFA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements.","title":"To amend title 49, United States Code, relating to airport project streamlining, and for other purposes.","text_len":18652,"sum_len":3507} {"bill_id":"103_hr4684","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Energy High Energy and \nNuclear Physics Authorization Act of 1994''.\n\nSEC. 2. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``CERN'' means the European Organization for \n Nuclear Research;\n (2) the term ``construction'' means all activities \n necessary for completion of a project and its supporting \n infrastructure, and includes conventional construction and the \n research, development, design, fabrication, installation, \n testing, and preoperation of technical sytems;\n (3) the term ``conventional construction'' means the design \n and construction of civil works, facilities, and other \n infrastructure necessary to construct a project, including \n tunnels, buildings, and roads, necessary to house and support \n the technical systems, and utilities as necessary for the \n direct support of elements of a project;\n (4) the term ``Department'' means the Department of Energy;\n (5) the term ``Large Hadron Collider project'' means the \n Large Hadron Collider project at CERN; and\n (6) the term ``Secretary'' means the Secretary of Energy.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) High Energy Physics.--There are authorized to be appropriated \nto the Secretary for high energy physics activities of the Department--\n (1) $695,400,000 for fiscal year 1996;\n (2) $719,700,000 for fiscal year 1997;\n (3) $744,900,000 for fiscal year 1998; and\n (4) $713,600,000 for fiscal year 1999.\nFunds authorized under paragraphs (1) through (4) may be expended for \nthe B-factory at the Stanford Linear Accelerator Center and the \nFermilab Main Injector. No funds are authorized for United States \nparticipation in the planning and construction of the Large Hadron \nCollider project until the Secretary certifies to the Congress that \nthere is an international agreement that includes the provisions \ndescribed in section 4(a).\n (b) Nuclear Physics.--There are authorized to be appropriated to \nthe Secretary for nuclear physics activities of the Department--\n (1) $337,100,000 for fiscal year 1996, of which not more \n than $15,000,000 shall be used for preparation for \n decontamination and decommissioning of the Los Alamos Meson \n Physics Facility;\n (2) $348,900,000 for fiscal year 1997;\n (3) $361,100,000 for fiscal year 1998; and\n (4) $373,700,000 for fiscal year 1999.\nNone of the funds authorized under paragraph (2), (3), or (4) are \nauthorized to be appropriated for the operation of the Los Alamos Meson \nPhysics Facility. Funds authorized under paragraphs (1) through (4) may \nbe expended for the Relativistic Heavy Ion Collider at Brookhaven \nNational Laboratory.\n (c) Limitation on Major Construction Projects.--No funds may be \nexpended for any high energy and nuclear physics facility construction \nproject of the Department, with total project expenditures projected to \nbe in excess of $100,000,000, unless funds are specifically authorized \nfor such purposes in an Act that is not an appropriations Act.\n\nSEC. 4. THE LARGE HADRON COLLIDER PROJECT.\n\n (a) Negotiations.--The Secretary shall enter into negotiations with \nCERN concerning United States participation in the planning and \nconstruction of the Large Hadron Collider project, and shall seek to \nensure that any agreement incorporates provisions to protect the United \nStates investment in the project, including provisions for--\n (1) fair allocation of costs and benefits among project \n participants;\n (2) a limitation on the amount of United States \n contribution to project construction and subsequent operating \n costs;\n (3) a cost and schedule control system for the total \n project;\n (4) the projected cost and schedule for all component \n design, testing, and fabrication, including technical goals and \n milestones;\n (5) the projected cost and schedule for total project \n construction and operation, including technical goals and \n milestones;\n (6) reconsideration of the extent of United States \n participation if technical or operational milestones described \n in paragraphs (4) and (5) are not met, or if the project falls \n significantly behind schedule; and\n (7) conditions of access for United States and other \n scientists to the facility.\n (b) Other International Negotiations.--Nothing in this Act shall be \nconstrued to preclude the President from entering into negotiations \nwith respect to international science agreements.\n\nSEC. 5. OPERATING PLAN.\n\n Within 30 days after the date of the enactment of any Act \nappropriating funds for the high energy or nuclear physics activities \nof the Department, the Secretary shall transmit to the Committee on \nScience, Space, and Technology of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a plan for the \noperations of the high energy and nuclear physics activities of the \nDepartment, as adjusted to reflect the amounts appropriated for such \npurposes by such Act.\n\nSEC. 6. LONG-RANGE PLANNING AND GOVERNANCE.\n\n (a) Program Governance Review.--\n (1) Requirement.--The Secretary shall contract with an \n appropriate independent organization to review the governance \n of all elements of the Department's high energy and nuclear \n physics programs. Such review shall include--\n (A) a performance review of the effectiveness of \n the Department's management policies and procedures, \n including an evaluation of departmental staff \n allocation and the staff allocation and funding balance \n among facility operations, construction, and research \n support;\n (B) an evaluation of the appropriateness of the \n current application of administrative, environmental, \n health, and safety regulations to the high energy and \n nuclear physics laboratories of the Department; and\n (C) an analysis of the extent to which the \n Department's high energy and nuclear physics advisory \n groups represent the diversity of, and the full range \n of interests among, high energy and nuclear physics \n researchers.\n (2) Report to congress.--The Secretary shall submit a \n report to Congress within 9 months after the date of enactment \n of this Act detailing the results of the review required by \n this section, including recommendations for implementing the \n results and schedules for such implementation.\n (b) Long-Range Plan.--\n (1) Requirement.--The Secretary and the Director of the \n National Science Foundation shall jointly prepare, in \n consultation with the high energy physics and nuclear physics \n communities, a long-range plan for Federal high energy and \n nuclear physics programs based on current and projected program \n funding levels. The plan shall be modified every two years. The \n long-range plan shall include--\n (A) a list of research opportunities to be pursued, \n including both ongoing and proposed activities, listed \n in order of priority;\n (B) an analysis of the relevance of each research \n facility to the research opportunities listed under \n subparagraph (A);\n (C) a statement of the optimal balance among \n facility operations, construction, and research support \n and the optimal balance between university and \n laboratory research programs;\n (D) schedules for continuation, consolidation, or \n termination of each research program, and continuation, \n upgrade, transfer, or closure of each research \n facility;\n (E) a statement by project of efforts to coordinate \n research projects with the international community to \n maximize the use of limited resources and avoid \n unproductive duplication of efforts; and\n (F) a description of the extent to which the \n biennial plan modifications differ from previous plans \n submitted under this subsection, along with an \n explanation for such differences.\n (2) Reports to congress.--(A) The Secretary shall transmit \n a copy of the original long-range plan with the President's \n annual budget request to Congress for fiscal year 1997. The \n plan as modified shall be submitted with the President's budget \n request to Congress for each subsequent fiscal year ending in \n an odd number.\n (B) The Secretary shall transmit with the President's \n budget request to Congress each year a report demonstrating the \n consistency of the current long-range plan with the budget \n being requested for the Department's high energy and nuclear \n physics programs.\n (c) Capital Budget Account.--Each of the President's annual budget \nrequests to the Congress for high energy physics activities of the \nDepartment, and for nuclear physics activities of the Department, shall \ndistinguish between the budget for capital expenditures, including all \nongoing and planned major construction and capital equipment items, and \nother activities.","summary":"Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). Instructs the Secretary of Energy to: (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding US participation in the planning and construction of the Large Hadron Collider project. (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities. (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs. And (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities.","title":"Department of Energy High Energy and Nuclear Physics Authorization Act of 1994","text_len":9903,"sum_len":1142} {"bill_id":"103_s1700","text":"SECTION 1. LIMITATION ON INTEREST DEDUCTION ALLOWED CORPORATIONS.\n\n (a) In General.--Section 163 of the Internal Revenue Code of 1986 \n(relating to deduction for interest) is amended by redesignating \nsubsection (k) as subsection (l) and by inserting after subsection (j) \nthe following new subsection:\n ``(k) Limitation on Corporate Interest Payments.--\n ``(1) In general.--Except as provided in paragraph (2), in \n the case of a corporation, the amount otherwise allowed as a \n deduction under this chapter for interest paid or accrued \n during the taxable year by such corporation shall be reduced by \n 20 percent.\n ``(2) Exception for certain corporations.--\n ``(A) In general.--Paragraph (1) shall not apply \n for any taxable year to any corporation the earnings \n and profits of which for such taxable year (computed as \n of the close of the taxable year without diminution by \n reason of any dividend distributions made during such \n taxable year) do not exceed the lesser of--\n ``(i) the corporation's tax liability under \n this chapter for such taxable year (determined \n after the application of paragraph (1)), or\n ``(ii) $100,000.\n ``(B) Controlled group.--For purposes of \n subparagraph (A), all component members of a controlled \n group (as defined in section 179(d)(7)) shall be \n treated as 1 corporation.\n ``(3) Exception for farming businesses.--Paragraph (1) \n shall not apply to any corporation substantially all of the \n assets of which are used in the active conduct of a farming \n business (as defined in section 448(d)(1)).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to taxable years beginning after December 31, 1993.\n\nSEC. 2. DIVIDEND PAID DEDUCTION.\n\n (a) General Rule.--Part VIII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to special deductions for \ncorporations) is amended by striking the table of sections and section \n241 and inserting the following:\n\n ``Subpart A. Dividend paid deduction.\n ``Subpart B. Dividend received deduction.\n ``Subpart C. Miscellaneous provisions.\n\n``SEC. 230. ALLOWANCE OF SPECIAL DEDUCTIONS.\n\n ``In addition to the deductions provided in part VI (section 161 \nand following), there shall be allowed as deductions in computing \ntaxable income the items specified in this part.\n\n ``Subpart A--Dividend Paid Deduction\n\n ``Sec. 231. Dividend paid deduction.\n ``Sec. 232. Qualified dividend account.\n ``Sec. 233. Ineligible corporations.\n ``Sec. 234. Special rules.\n\n``SEC. 231. DIVIDEND PAID DEDUCTION.\n\n ``(a) Allowance of Deduction.--In the case of a corporation, there \nshall be allowed as a deduction an amount equal to 50 percent of the \ndividends paid by such corporation during the taxable year.\n ``(b) Limitation Based on Amount in Qualified Dividend Account.--\nThe amount of the dividends paid during any taxable year which may be \ntaken into account under subsection (a) shall not exceed the amount in \nthe corporation's qualified dividend account as of the close of such \ntaxable year determined after the application of section 232(b)(1) for \nthe taxable year but before the application of section 232(b)(2) for \nsuch taxable year.\n\n``SEC. 232. QUALIFIED DIVIDEND ACCOUNT.\n\n ``(a) Establishment of Account.--Each corporation shall establish a \nqualified dividend account. The opening balance of such account shall \nbe zero.\n ``(b) Adjustments to Accounts.--As of the close of each taxable \nyear beginning after January 1, 1993, the qualified dividend account--\n ``(1) shall be increased by the adjusted taxable income of \n the corporation for the taxable year, and\n ``(2) shall be reduced by the amount of the dividends paid \n by the corporation during the taxable year to the extent the \n amount so paid does not exceed the limitation of section \n 231(c).\n ``(c) Adjusted Taxable Income.--For purposes of this section--\n ``(1) In general.--The term `adjusted taxable income' means \n taxable income adjusted as provided in this subsection.\n ``(2) Adjustment for certain qualifying dividends.--Taxable \n income shall be increased by the deduction allowed under \n section 243 with respect to that portion of any qualifying \n dividend (as defined in section 243(b)(1)) for which such \n deduction is determined at a rate of less than 100 percent. \n Similar rules shall apply in the case of dividends for which \n deductions are allowable under section 245(b).\n ``(3) Adjustment for tax credits.--\n ``(A) In general.--Taxable income shall be reduced \n by the deduction equivalent of the tentative \n nonrefundable credits for the taxable year.\n ``(B) Deduction equivalent.--For purposes of \n subparagraph (A), the deduction equivalent of the \n tentative nonrefundable credits for any taxable year is \n the amount which (if allowed as a deduction for the \n taxable year) would reduce the tax liability (as \n defined in section 26(b)) for the taxable year by an \n amount equal to the tentative nonrefundable credits.\n ``(C) Tentative nonrefundable credits.--For \n purposes of this paragraph, the term `tentative \n nonrefundable credits' means the amount of the credits \n which would have been allowable under part IV of \n subchapter A of this chapter for the taxable year \n (other than the credit allowable under section 34) if \n no deduction were allowable under section 231.\n ``(4) Adjustment for corporate minimum tax.--If tax is \n imposed by section 55 on the corporation for any taxable year, \n taxable income for the succeeding taxable year shall be \n increased by an amount equal to \\35\/100\\ of the amount of tax \n so imposed.\n ``(5) Dividend paid deduction not taken into account.--\n Taxable income shall be determined without regard to the \n deduction allowed under section 231.\n\n``SEC. 233. INELIGIBLE CORPORATIONS.\n\n ``(a) General Rule.--No deduction shall be allowed under section \n231 with respect to any dividend paid by--\n ``(1) a regulated investment company,\n ``(2) a real estate investment trust,\n ``(3) an S corporation,\n ``(4) any organization taxable under subchapter T of this \n chapter (relating to cooperative organizations), or\n ``(5) a FSC or DISC.\n ``(b) Foreign Corporations.--In the case of a foreign corporation--\n ``(1) no deduction shall be allowed under section 231 for \n dividends paid by such corporation during any taxable year \n unless the corporation meets the requirements of section 245(a) \n for such taxable year,\n ``(2) only adjusted taxable income effectively connected \n with the conduct of a trade or business in the United States \n and attributable to the uninterrupted period referred to in \n section 245(a) shall be added to the qualified dividend \n account, and\n ``(3) any distribution shall be treated as made ratably out \n of income effectively connected with the conduct of a trade or \n business in the United States and other income.\n\n``SEC. 234. SPECIAL RULES.\n\n ``(a) Certain Distributions Not Treated as Dividends.--For purposes \nof this subpart, the term `dividend' does not include--\n ``(1) any distribution in redemption of stock, in \n liquidation, or in a reorganization (whether or not such \n distribution is treated as a distribution to which section 301 \n applies), and\n ``(2) any dividend described in section 244 (relating to \n dividends received on certain preferred stock).\n ``(b) Deduction Not Taken Into Account for Purposes of Certain \nLimitations Based on Taxable Income.--For purposes of sections 246(c), \n613, 613A, and 593, taxable income shall be determined without regard \nto the deduction allowed under section 231.\n ``(c) Treatment of Dividends Received by 5-Percent Tax-Exempt \nShareholders.--\n ``(1) In general.--For purposes of part III of subchapter F \n (relating to taxation of unrelated business income of certain \n exempt organizations), any dividend received by a tax-exempt \n organization from a corporation in which such organization is a \n 5-percent shareholder shall be treated as unrelated business \n taxable income to the extent of the amount of the deduction \n allowable under section 231 to such corporation with respect to \n such dividend. Except as provided in regulations, the amount of \n such deduction shall be determined on the basis of the return \n filed by the corporation for the taxable year.\n ``(2) Definitions.--For purposes of this subsection--\n ``(A) 5-percent shareholder.--The term `5-percent \n shareholder' means any tax-exempt organization which \n owns (or is considered as owning within the meaning of \n section 318)--\n ``(i) 5 percent or more (by value) of the \n outstanding stock of the corporation, or\n ``(ii) stock possessing 5 percent or more \n of the total combined voting power of all stock \n of the corporation.\n ``(B) Tax-exempt organization.--The term `tax-\n exempt organization' means any organization which is \n exempt from the tax imposed by this chapter.\n ``(C) Related entities.--A tax-exempt organization \n and 1 or more other tax-exempt organizations which \n have--\n ``(i) significant common purposes and \n substantial common membership, or\n ``(ii) directly or indirectly substantial \n common direction or control, shall be treated \n as 1 tax-exempt organization for purposes of \n this paragraph.\n ``(d) Treatment of Subsequent Adjustments.--If there is any \nadjustment which affects the amount of the adjusted taxable income of a \ncorporation for any taxable year (whether by reason of any carryback to \nsuch taxable year or otherwise) for purposes of this subpart and \nsubpart B, the amount of such adjustment shall be treated as made as of \nthe close of such taxable year.\n ``(e) Allocation of Qualified Dividend Account in Corporate \nSeparations, Reorganizations, and Redemptions.--Adjustments similar to \nthe adjustments provided in subsection (h) or (n)(7) of section 312 \nshall be made to the qualified dividend account in the case of a \ntransaction described in either of such subsections.\n ``(f) Mutual Life Insurance Companies.--\n ``(1) General rule.--In the case of a mutual life insurance \n company, for purposes of this subpart, 80 percent of the \n differential earnings amount (as defined in section 809(a)(3)) \n shall be treated as a dividend paid to a shareholder.\n ``(2) Regulations.--The Secretary may prescribe regulations \n applying rules consistent with this subpart to mutual life \n insurance companies. Such regulations may include rules \n treating an appropriate portion of the recomputed differential \n earnings amount (as defined in section 809(f)(3)) as an \n adjustment to the amount described in paragraph (1).\n\n ``Subpart B--Dividend Received Deduction\n\n ``Sec. 243. Dividends received by \n corporations.\n ``Sec. 244. Dividends received on certain \n preferred stock.\n ``Sec. 245. Dividends received from \n certain foreign corporations.\n ``Sec. 246. Rules applying to deductions \n for dividends received.\n ``Sec. 246A. Dividends received deduction \n reduced where portfolio stock \n is debt financed.\n ``Sec. 247. Dividends paid on certain \n preferred stock of public \n utilities.''.\n (b) Compensatory Withholding Tax on Dividends Paid to Nonresident \nAliens or Foreign Corporations.--\n (1) General rule.--Subpart D of part II of subchapter N of \n chapter 1 (relating to miscellaneous provisions) is amended by \n adding at the end thereof the following new section:\n\n``SEC. 899. ADDITIONAL TAX ON DIVIDENDS TO REFLECT DIVIDEND PAID \n DEDUCTION.\n\n ``(a) General Rule.--In addition to any tax imposed by section 871 \nor 881, there is hereby imposed a tax equal to 30.4 percent of the \ndividends received from sources within the United States by a \nnonresident alien individual or foreign corporation.\n ``(b) Tax Not To Apply to Shareholder's Effectively Connected \nItems.--The tax imposed by this section shall not apply to any dividend \nto the extent such dividend is effectively connected with the conduct \nof a trade or business by the shareholder within the United States.\n ``(c) Corresponding Increase in Withholding Tax.--In the case of \nany dividend subject to tax under subsection (a), the tax imposed by \nsection 1441 or 1442 (as the case may be) shall be increased by an \namount equal to the applicable percentage of such dividend.\n ``(d) Exception for Certain Treaty Countries.--The tax imposed by \nsubsection (a) shall not apply to any dividend paid to a resident or \ncorporation of a foreign country during any period--\n ``(1) in which an income tax treaty between such country \n and the United States is in effect, and\n ``(2) during which there is in effect a certification by \n the Secretary that--\n ``(A) such income tax treaty has adequate \n provisions to prevent treaty shopping, and\n ``(B) if such foreign country imposes an income tax \n comparable to the tax imposed by this subtitle and \n grants relief from such tax to its residents, such \n country grants relief equivalent to that provided in \n section 231 with respect to dividends paid to United \n States persons.\nThe requirements of paragraph (2) shall not apply to dividends paid \nbefore January 1, 1994.''.\n (2) Clerical amendment.--The table of sections for subpart \n D of part II of subchapter N of chapter 1 is amended by adding \n at the end thereof the following new item:\n\n ``Sec. 899. Additional tax on dividends \n to reflect dividend paid \n deduction.''.\n (c) Section 381 To Apply to Qualified Dividend Account.--Subsection \n(c) of section 381 (relating to items of the distributor or transferor \ncorporation) is amended by adding at the end thereof the following new \nparagraph:\n ``(27) Qualified dividend account.--Under regulations \n prescribed by the Secretary, the acquiring corporation shall \n take into account (to the extent proper to carry out the \n purposes of this section and subpart A of part VIII of \n subchapter B of this chapter) the qualified dividend account of \n the distributor or transferor corporation.''.\n (d) Clerical Amendment.--Part VIII of subchapter B of chapter 1 is \namended by inserting after section 247 the following:\n\n ``Subpart C--Miscellaneous Provisions\n\n ``Sec. 248. Organizational expenditures.\n ``Sec. 249. Limitation on deduction of \n bond premium on repurchase.''.","summary":"Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies, (2) real estate investment trusts, (3) an S corporation, (4) cooperative organizations. And (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.","title":"A bill to amend the Internal Revenue Code of 1986 to limit the interest deduction allowed corporations and to allow a deduction for dividends paid by corporations.","text_len":16965,"sum_len":988} {"bill_id":"106_hr2031","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Twenty-First Amendment Enforcement \nAct''.\n\nSEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE IN VIOLATION OF \n STATE LAW.\n\n The Act entitled ``An Act divesting intoxicating liquors of their \ninterstate character in certain cases'', approved March 1, 1913 \n(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended \nby adding at the end the following:\n\n``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.\n\n ``(a) Definitions.--In this section--\n ``(1) the term `attorney general' means the attorney \n general or other chief law enforcement officer of a State, or \n the designee thereof;\n ``(2) the term `intoxicating liquor' means any spirituous, \n vinous, malted, fermented, or other intoxicating liquor of any \n kind;\n ``(3) the term `person' means any individual and any \n partnership, corporation, company, firm, society, association, \n joint stock company, trust, or other entity capable of holding \n a legal or beneficial interest in property, but does not \n include a State or agency thereof; and\n ``(4) the term `State' means any State of the United \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, or any territory or possession of the United States.\n ``(b) Action by State Attorney General.--If the attorney general \nhas reasonable cause to believe that a person is engaged in, or has \nengaged in, any act that would constitute a violation of a State law \nregulating the importation or transportation of any intoxicating \nliquor, the attorney general may bring a civil action in accordance \nwith this section for injunctive relief (including a preliminary or \npermanent injunction or other order) against the person, as the \nattorney general determines to be necessary to--\n ``(1) restrain the person from engaging, or continuing to \n engage, in the violation; and\n ``(2) enforce compliance with the State law.\n ``(c) Federal Jurisdiction.--\n ``(1) In general.--The district courts of the United States \n shall have jurisdiction over any action brought under this \n section by an attorney general against any person, except one \n licensed or otherwise authorized to produce, sell, or store \n intoxicating liquor in such State.\n ``(2) Venue.--An action under this section may be brought \n only in accordance with section 1391 of title 28, United States \n Code, or in the district in which the recipient of the \n intoxicating liquor resides or is found.\n ``(d) Requirements for Injunctions and Orders.--\n ``(1) In general.--In any action brought under this \n section, upon a proper showing by the attorney general of the \n State, the court may issue a preliminary or permanent \n injunction or other order to restrain a violation of this \n section. A proper showing under this paragraph shall require \n clear and convincing evidence that a violation of State law as \n described in subsection (b) has taken place. In addition, no \n temporary restraining order or preliminary injunction may be \n granted except upon--\n ``(A) evidence demonstrating the probability of \n irreparable injury if injunctive relief is not granted; \n and\n ``(B) evidence supporting the probability of \n success on the merits.\n ``(2) Notice.--No preliminary injunction or permanent \n injunction or other order may be issued under paragraph (1) \n without notice to the adverse party and an opportunity for a \n hearing.\n ``(3) Form and scope of order.--Any preliminary or \n permanent injunction or other order entered in an action \n brought under this section shall--\n ``(A) set forth the reasons for the issuance of the \n order;\n ``(B) be specific in its terms;\n ``(C) describe in reasonable detail, and not by \n reference to the complaint or other document, the act \n or acts sought to be restrained; and\n ``(D) be binding upon--\n ``(i) the parties to the action and the \n officers, agents, employees, and attorneys of \n those parties; and\n ``(ii) persons in active concert or \n participation with the parties to the action \n who receive actual notice of the order by \n personal service or otherwise.\n ``(e) Additional Remedies.--\n ``(1) In general.--A remedy under this section is in \n addition to any other remedies provided by law.\n ``(2) State court proceedings.--Nothing in this section may \n be construed to prohibit an authorized State official from \n proceeding in State court on the basis of an alleged violation \n of any State law.\n\n``SEC. 3. GENERAL PROVISIONS.\n\n ``(a) Effect on Internet Tax Freedom Act.--Nothing in this Act may \nbe construed to modify or supersede the operation of the Internet Tax \nFreedom Act (47 U.S.C. 151 note).\n ``(b) Enforcement of Twenty-First Amendment.--It is the purpose of \nthis Act to assist the States in the enforcement of section 2 of the \ntwenty-first article of amendment to the Constitution of the United \nStates, and not to impose an unconstitutional burden on interstate \ncommerce in violation of article I, section 8, of the Constitution of \nthe United States. No State may enforce under this Act a law regulating \nthe importation or transportation of any intoxicating liquor that \nunconstitutionally discriminates against interstate commerce by out-of-\nState sellers by favoring local industries, erecting barriers to \ncompetition, and constituting mere economic protectionism.\n ``(c) Support for Internet and Other Interstate Commerce.--Nothing \nin this Act may be construed--\n ``(1) to permit State regulation or taxation of Internet \n services or any other related interstate telecommunications \n services; or\n ``(2) to authorize any injunction against--\n ``(A) an interactive computer service (as defined \n in section 230(f) of the Communications Act of 1934 (47 \n U.S.C. 230(f)); or\n ``(B) electronic communication service (as defined \n in section 2510(15) of title 18, United States Code) \n used by another person to engage in any activity that \n is subject to this Act.''.\n\nSEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.\n\n (a) Effective Date.--Except as provided in subsection (b), this Act \nand the amendment made by this Act shall take effect on the date of the \nenactment of this Act.\n (b) Application of Amendment.--The amendment made by this Act shall \napply only with respect to the importation or transportation of any \nintoxicating liquor occurring after--\n (1) October 31, 1999, or the expiration of the 90-day \n period beginning on the date of the enactment of this Act, \n whichever is earlier, if this Act is enacted before November 1, \n 1999; or\n (2) the date of the enactment of this Act if this Act is \n enacted after October 31, 1999.\n\nSEC. 4. STUDY.\n\n The Attorney General shall submit to the Congress the results of a \nstudy to determine the impact of this Act. The Attorney General shall \ncarry out the study required by subsection (a) and shall submit the \nresults of such study not later than 180 days after the date of the \nenactment of this Act.\n\n Passed the House of Representatives August 3, 1999.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.\n\n By Martha C. Morrison,\n\n Deputy Clerk.","summary":"Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation. And (2) enforce compliance with State law. Grants US district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted. And (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing. Sets forth provisions regarding the form and scope of the order. Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services. Or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act. Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999. Or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999. Directs the Attorney General to conduct and report to Congress on the impact of this Act.","title":"Twenty-First Amendment Enforcement Act","text_len":8270,"sum_len":2940} {"bill_id":"114_hr1158","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Department of \nEnergy Laboratory Modernization and Technology Transfer Act of 2015''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Savings clause.\n TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY\n\nSec. 101. Technology transfer and transitions assessment.\nSec. 102. Sense of Congress.\nSec. 103. Nuclear energy innovation.\n TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS\n\nSec. 201. Agreements for Commercializing Technology pilot program.\nSec. 202. Public-private partnerships for commercialization.\nSec. 203. Inclusion of early-stage technology demonstration in \n authorized technology transfer activities.\nSec. 204. Funding competitiveness for institutions of higher education \n and other nonprofit institutions.\nSec. 205. Participation in the Innovation Corps program.\n TITLE III--ASSESSMENT OF IMPACT\n\nSec. 301. Report by Government Accountability Office.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Department.--The term ``Department'' means the \n Department of Energy.\n (2) National laboratory.--The term ``National Laboratory'' \n means a Department of Energy nonmilitary national laboratory, \n including--\n (A) Ames Laboratory;\n (B) Argonne National Laboratory;\n (C) Brookhaven National Laboratory;\n (D) Fermi National Accelerator Laboratory;\n (E) Idaho National Laboratory;\n (F) Lawrence Berkeley National Laboratory;\n (G) National Energy Technology Laboratory;\n (H) National Renewable Energy Laboratory;\n (I) Oak Ridge National Laboratory;\n (J) Pacific Northwest National Laboratory;\n (K) Princeton Plasma Physics Laboratory;\n (L) Savannah River National Laboratory;\n (M) Stanford Linear Accelerator Center;\n (N) Thomas Jefferson National Accelerator Facility; \n and\n (O) any laboratory operated by the National Nuclear \n Security Administration, but only with respect to the \n civilian energy activities thereof.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\nSEC. 3. SAVINGS CLAUSE.\n\n Nothing in this Act or an amendment made by this Act abrogates or \notherwise affects the primary responsibilities of any National \nLaboratory to the Department.\n\n TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY\n\nSEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.\n\n Not later than 1 year after the date of enactment of this Act, and \nannually thereafter, the Secretary shall transmit to the Committee on \nScience, Space, and Technology of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a report which \nshall include--\n (1) an assessment of the Department's current ability to \n carry out the goals of section 1001 of the Energy Policy Act of \n 2005 (42 U.S.C. 16391), including an assessment of the role and \n effectiveness of the Director of the Office of Technology \n Transitions; and\n (2) recommended departmental policy changes and legislative \n changes to section 1001 of the Energy Policy Act of 2005 (42 \n U.S.C. 16391) to improve the Department's ability to \n successfully transfer new energy technologies to the private \n sector.\n\nSEC. 102. SENSE OF CONGRESS.\n\n It is the sense of the Congress that the Secretary should encourage \nthe National Laboratories and federally funded research and development \ncenters to inform small businesses of the opportunities and resources \nthat exist pursuant to this Act.\n\nSEC. 103. NUCLEAR ENERGY INNOVATION.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Secretary, in consultation with the National Laboratories, relevant \nFederal agencies, and other stakeholders, shall transmit to the \nCommittee on Science, Space, and Technology of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate a report assessing the Department's capabilities to \nauthorize, host, and oversee privately funded fusion and non-light \nwater reactor prototypes and related demonstration facilities at \nDepartment-owned sites. For purposes of this report, the Secretary \nshall consider the Department's capabilities to facilitate privately-\nfunded prototypes up to 20 megawatts thermal output. The report shall \naddress the following:\n (1) The Department's safety review and oversight \n capabilities.\n (2) Potential sites capable of hosting research, \n development, and demonstration of prototype reactors and \n related facilities for the purpose of reducing technical risk.\n (3) The Department's and National Laboratories' existing \n physical and technical capabilities relevant to research, \n development, and oversight.\n (4) The efficacy of the Department's available contractual \n mechanisms, including cooperative research and development \n agreements, work for others agreements, and agreements for \n commercializing technology.\n (5) Potential cost structures related to physical security, \n decommissioning, liability, and other long-term project costs.\n (6) Other challenges or considerations identified by the \n Secretary, including issues related to potential cases of \n demonstration reactors up to 2 gigawatts of thermal output.\n\n TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS\n\nSEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.\n\n (a) In General.--The Secretary shall carry out the Agreements for \nCommercializing Technology pilot program of the Department, as \nannounced by the Secretary on December 8, 2011, in accordance with this \nsection.\n (b) Terms.--Each agreement entered into pursuant to the pilot \nprogram referred to in subsection (a) shall provide to the contractor \nof the applicable National Laboratory, to the maximum extent determined \nto be appropriate by the Secretary, increased authority to negotiate \ncontract terms, such as intellectual property rights, payment \nstructures, performance guarantees, and multiparty collaborations.\n (c) Eligibility.--\n (1) In general.--Any director of a National Laboratory may \n enter into an agreement pursuant to the pilot program referred \n to in subsection (a).\n (2) Agreements with non-federal entities.--To carry out \n paragraph (1) and subject to paragraph (3), the Secretary shall \n permit the directors of the National Laboratories to execute \n agreements with a non-Federal entity, including a non-Federal \n entity already receiving Federal funding that will be used to \n support activities under agreements executed pursuant to \n paragraph (1), provided that such funding is solely used to \n carry out the purposes of the Federal award.\n (3) Restriction.--The requirements of chapter 18 of title \n 35, United States Code (commonly known as the ``Bayh-Dole \n Act'') shall apply if--\n (A) the agreement is a funding agreement (as that \n term is defined in section 201 of that title); and\n (B) at least 1 of the parties to the funding \n agreement is eligible to receive rights under that \n chapter.\n (d) Submission to Secretary.--Each affected director of a National \nLaboratory shall submit to the Secretary, with respect to each \nagreement entered into under this section--\n (1) a summary of information relating to the relevant \n project;\n (2) the total estimated costs of the project;\n (3) estimated commencement and completion dates of the \n project; and\n (4) other documentation determined to be appropriate by the \n Secretary.\n (e) Certification.--The Secretary shall require the contractor of \nthe affected National Laboratory to certify that each activity carried \nout under a project for which an agreement is entered into under this \nsection--\n (1) is not in direct competition with the private sector; \n and\n (2) does not present, or minimizes, any apparent conflict \n of interest, and avoids or neutralizes any actual conflict of \n interest, as a result of the agreement under this section.\n (f) Extension.--The pilot program referred to in subsection (a) \nshall be extended until October 31, 2017.\n (g) Reports.--\n (1) Overall assessment.--Not later than 60 days after the \n date described in subsection (f), the Secretary, in \n coordination with directors of the National Laboratories, shall \n submit to the Committee on Science, Space, and Technology of \n the House of Representatives and the Committee on Energy and \n Natural Resources of the Senate a report that--\n (A) assesses the overall effectiveness of the pilot \n program referred to in subsection (a);\n (B) identifies opportunities to improve the \n effectiveness of the pilot program;\n (C) assesses the potential for program activities \n to interfere with the responsibilities of the National \n Laboratories to the Department; and\n (D) provides a recommendation regarding the future \n of the pilot program.\n (2) Transparency.--The Secretary, in coordination with \n directors of the National Laboratories, shall submit to the \n Committee on Science, Space, and Technology of the House of \n Representatives and the Committee on Energy and Natural \n Resources of the Senate an annual report that accounts for all \n incidences of, and provides a justification for, non-Federal \n entities using funds derived from a Federal contract or award \n to carry out agreements pursuant to this section.\n\nSEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.\n\n (a) In General.--Subject to subsections (b) and (c), the Secretary \nshall delegate to directors of the National Laboratories signature \nauthority with respect to any agreement described in subsection (b) the \ntotal cost of which (including the National Laboratory contributions \nand project recipient cost share) is less than $1,000,000, if such an \nagreement falls within the scope of--\n (1) a strategic plan for the National Laboratory that has \n been approved by the Department; or\n (2) the most recent Congressionally approved budget for \n Department activities to be carried out by the National \n Laboratory.\n (b) Agreements.--Subsection (a) applies to--\n (1) a cooperative research and development agreement;\n (2) a non-Federal work-for-others agreement; and\n (3) any other agreement determined to be appropriate by the \n Secretary, in collaboration with the directors of the National \n Laboratories.\n (c) Administration.--\n (1) Accountability.--The director of the affected National \n Laboratory and the affected contractor shall carry out an \n agreement under this section in accordance with applicable \n policies of the Department, including by ensuring that the \n agreement does not compromise any national security, economic, \n or environmental interest of the United States.\n (2) Certification.--The director of the affected National \n Laboratory and the affected contractor shall certify that each \n activity carried out under a project for which an agreement is \n entered into under this section does not present, or minimizes, \n any apparent conflict of interest, and avoids or neutralizes \n any actual conflict of interest, as a result of the agreement \n under this section.\n (3) Availability of records.--Within 30 days of entering an \n agreement under this section, the director of a National \n Laboratory shall submit to the Secretary for monitoring and \n review all records of the National Laboratory relating to the \n agreement.\n (4) Rates.--The director of a National Laboratory may \n charge higher rates for services performed under a partnership \n agreement entered into pursuant to this section, regardless of \n the full cost of recovery, if such funds are used exclusively \n to support further research and development activities at the \n respective National Laboratory.\n (d) Exception.--This section does not apply to any agreement with a \nmajority foreign-owned company.\n (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler \nTechnology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--\n (1) in subsection (a)--\n (A) by redesignating paragraphs (1) and (2) as \n subparagraphs (A) and (B), respectively, and indenting \n the subparagraphs appropriately;\n (B) by striking ``Each Federal agency'' and \n inserting the following:\n ``(1) In general.--Except as provided in paragraph (2), \n each Federal agency''; and\n (C) by adding at the end the following:\n ``(2) Exception.--Notwithstanding paragraph (1), in \n accordance with section 202(a) of the Department of Energy \n Laboratory Modernization and Technology Transfer Act of 2015, \n approval by the Secretary of Energy shall not be required for \n any technology transfer agreement proposed to be entered into \n by a National Laboratory of the Department of Energy, the total \n cost of which (including the National Laboratory contributions \n and project recipient cost share) is less than $1,000,000.''; \n and\n (2) in subsection (b), by striking ``subsection (a)(1)'' \n each place it appears and inserting ``subsection (a)(1)(A)''.\n\nSEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN \n AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.\n\n Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is \namended by--\n (1) redesignating subsection (g) as subsection (h); and\n (2) inserting after subsection (f) the following:\n ``(g) Early-Stage Technology Demonstration.--The Secretary shall \npermit the directors of the National Laboratories to use funds \nauthorized to support technology transfer within the Department to \ncarry out early-stage and pre-commercial technology demonstration \nactivities to remove technology barriers that limit private sector \ninterest and demonstrate potential commercial applications of any \nresearch and technologies arising from National Laboratory \nactivities.''.\n\nSEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION \n AND OTHER NONPROFIT INSTITUTIONS.\n\n Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. \n16352(b)) is amended--\n (1) in paragraph (1), by striking ``Except as provided in \n paragraphs (2) and (3)'' and inserting ``Except as provided in \n paragraphs (2), (3), and (4)''; and\n (2) by adding at the end the following:\n ``(4) Exemption for institutions of higher education and \n other nonprofit institutions.--\n ``(A) In general.--Paragraph (1) shall not apply to \n a research or development activity performed by an \n institution of higher education or nonprofit \n institution (as defined in section 4 of the Stevenson-\n Wydler Technology Innovation Act of 1980 (15 U.S.C. \n 3703)).\n ``(B) Termination date.--The exemption under \n subparagraph (A) shall apply during the 6-year period \n beginning on the date of enactment of this \n paragraph.''.\n\nSEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.\n\n The Secretary may enter into an agreement with the Director of the \nNational Science Foundation to enable researchers funded by the \nDepartment to participate in the National Science Foundation Innovation \nCorps program.\n\n TITLE III--ASSESSMENT OF IMPACT\n\nSEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.\n\n Not later than 3 years after the date of enactment of this Act, the \nComptroller General of the United States shall submit to Congress a \nreport--\n (1) describing the results of the projects developed under \n sections 201, 202, and 203, including information regarding--\n (A) partnerships initiated as a result of those \n projects and the potential linkages presented by those \n partnerships with respect to national priorities and \n other taxpayer-funded research; and\n (B) whether the activities carried out under those \n projects result in--\n (i) fiscal savings;\n (ii) expansion of National Laboratory \n capabilities;\n (iii) increased efficiency of technology \n transfers; or\n (iv) an increase in general efficiency of \n the National Laboratory system; and\n (2) assess the scale, scope, efficacy, and impact of the \n Department's efforts to promote technology transfer and private \n sector engagement at the National Laboratories, and make \n recommendations on how the Department can improve these \n activities.\n\n Passed the House of Representatives May 19, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions. And (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS 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 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 . Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. 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. Requires DOE 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, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE. Or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. 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. 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. Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III ASSESSMENT OF IMPACT Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.","title":"Department of Energy Laboratory Modernization and Technology Transfer Act of 2015","text_len":18586,"sum_len":3769} {"bill_id":"109_hr4153","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicaid Cash and Counseling Program \nAct of 2005''.\n\nSEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES \n (CASH AND COUNSELING).\n\n (a) Exemption From Certain Requirements.--Section 1915 of the \nSocial Security Act (42 U.S.C. 1396n) is amended by adding at the end \nthe following new subsection:\n ``(i)(1) A State may provide, as `medical assistance', payment for \npart or all of the cost of self-directed personal assistance services \n(other than room and board) under the plan which are provided pursuant \nto a written plan of care to individuals with respect to whom there has \nbeen a determination that, but for the provision of such services, the \nindividuals would require and receive personal care services under the \nplan, or home and community-based services provided pursuant to a \nwaiver under sub-section (c). Self-directed personal assistance \nservices may not be provided under this subsection to individuals who \nreside in a home or property that is owned, operated, or controlled by \na provider of services, not related by blood or marriage.\n ``(2) The Secretary shall not grant approval for a State self-\ndirected personal assistance services program under this section unless \nthe State provides assurances satisfactory to the Secretary of the \nfollowing:\n ``(A) Necessary safeguards have been taken to protect the \n health and welfare of individuals provided services under the \n program, and to assure financial accountability for funds \n expended with respect to such services.\n ``(B) The State will provide, with respect to individuals \n who--\n ``(i) are entitled to medical assistance for \n personal care services under the plan, or receive home \n and community-based services under a waiver granted \n under subsection (c);\n ``(ii) may require self-directed personal \n assistance services; and\n ``(iii) may be eligible for self-directed personal \n assistance services,\n an evaluation of the need for personal care under the plan, or \n personal services under a waiver granted under subsection (c).\n ``(C) Such individuals who are determined to be likely to \n require personal care under the plan, or home and community-\n based services under a waiver granted under subsection (c) are \n informed of the feasible alternatives, if available under the \n State's self-directed personal assistance services program, at \n the choice of such individuals, to the provision of personal \n care services under the plan, or personal assistance services \n under a waiver granted under subsection (c).\n ``(D) The State will provide for a support system that \n ensures participants in the self-directed personal assistance \n services program are appropriately assessed and counseled prior \n to enrollment and are able to manage their budgets. Additional \n counseling and management support may be provided at the \n request of the participant.\n ``(E) The State will provide to the Secretary an annual \n report on the number of individuals served and total \n expenditures on their behalf in the aggregate. The State shall \n also provide an evaluation of overall impact on the health and \n welfare of participating individuals compared to non-\n participants every three years.\n ``(3) A State may provide self-directed personal assistance \nservices under the State plan without regard to the requirements of \nsection 1902(a)(1) and may limit the population eligible to receive \nthese services and limit the number of persons served without regard to \nsection 1902(a)(10)(B).\n ``(4)(A) For purposes of this subsection, the term `self-directed \npersonal assistance services' means personal care and related services, \nor home and community-based services otherwise available under the plan \nunder this title or subsection (c), that are provided to an eligible \nparticipant under a self-directed personal assistance services program \nunder this section, under which individuals, within an approved self-\ndirected services plan and budget, purchase personal assistance and \nrelated services, and permits participants to hire, fire, supervise, \nand manage the individuals providing such services.\n ``(B) At the election of the State--\n ``(i) a participant may choose to use any individual \n capable of providing the assigned tasks including legally \n liable relatives as paid providers of the services; and\n ``(ii) the individual may use the individual's budget to \n acquire items that increase independence or substitute (such as \n a microwave oven or an accessibility ramp) for human \n assistance, to the extent that expenditures would otherwise be \n made for the human assistance.\n ``(5) For purpose of this section, the term `approved self-directed \nservices plan and budget' means, with respect to a participant, the \nestablishment of a plan and budget for the provision of self-directed \npersonal assistance services, consistent with the following \nrequirements:\n ``(A) Self-direction.--The participant (or in the case of a \n participant who is a minor child, the participant's parent or \n guardian, or in the case of an incapacitated adult, another \n individual recognized by state law to act on behalf of the \n participant) exercises choice and control over the budget, \n planning, and purchase of self-directed personal assistance \n services, including the amount, duration, scope, provider and \n location of service provision.\n ``(B) Assessment of needs.--There is an assessment of the \n needs, strengths, and preferences of the participants for such \n services.\n ``(C) Service plan.--A plan for such services (and supports \n for such services) for the participant has been developed and \n approved by the State based on such assessment through a \n person-centered process that--\n ``(i) builds upon the participant's capacity to \n engage in activities that promote community life and \n that respects the participant's preferences, choices \n and abilities; and\n ``(ii) involves families, friends, and \n professionals in the planning or delivery of services \n or supports as desired or required by the participant.\n ``(D) Service budget.--A budget for such services and \n supports for the participant has been developed and approved by \n the State based on such assessment and plan and on a \n methodology that uses valid, reliable cost data, is open to \n public inspection, and includes a calculation of the expected \n cost of such services if those services were not self-directed. \n The budget may not restrict access to other medically necessary \n care and services furnished under the plan and approved by the \n state but not included in the budget.\n ``(E) Application of quality assurance and risk \n management.--There are appropriate quality assurance and risk \n management techniques used in establishing and implementing \n such plan and budget that recognize the roles and \n responsibilities in obtaining services in a self-directed \n manner and assure the appropriateness of such plan and budget \n based upon the participant's resources and capabilities.\n ``(6) A State may employ a financial management entity to make \npayments to providers, track costs, and make reports under the program. \nPayment for the activities of the financial management entity shall be \nat the administrative rate established in section 1903(a).''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to services furnished on or after January 1, 2006.","summary":"Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver. Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage.","title":"To amend title XIX of the Social Security Act to permit Medicaid beneficiaries the choice of self-directed personal assistance services through a cash and counseling program under the Medicaid Program.","text_len":8245,"sum_len":649} {"bill_id":"110_hr3650","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``North Korean Counterterrorism and \nNonproliferation Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) International press reports noted that Iranian \n officials traveled to North Korea to observe the long and \n short-range missile tests conducted by the North Korean regime \n on July 4, 2006, and this was confirmed by Ambassador \n Christopher Hill, Assistant Secretary of State for East Asia \n and the Pacific, during testimony before the Senate Foreign \n Relations Committee on July 20, 2006.\n (2) International press reports in the summer of 2006 \n indicated that North Korea was involved in training in \n guerrilla warfare of Hezbollah cadres who subsequently were \n involved in operations against Israeli forces in south Lebanon.\n (3) The United Nations Security Council, under the \n Presidency of Japan, unanimously adopted Resolution 1718 on \n October 14, 2006, ``condemning'' the nuclear weapon test \n conducted by North Korea on October 9, 2006, and imposing \n sanctions on North Korea.\n (4) President George W. Bush stated in November 2006 that: \n ``The transfer of nuclear weapons or material by North Korea to \n states or non-state entities would be considered a grave threat \n to the United States, and we would hold North Korea fully \n accountable for the consequences of such action. . . . It is \n vital that the nations of this region send a message to North \n Korea that the proliferation of nuclear technology to hostile \n regimes or terrorist networks will not be tolerated.''.\n (5) Secretary of State Condoleezza Rice stated in October \n 2006 that ``a North Korean decision to try to transfer a \n nuclear weapon or technologies either to another state or to a \n non-state actor'' would be an ``extremely grave'' action for \n which the United States would ``hold North Korea accountable''.\n (6) Congress authoritatively expressed its view, in section \n 202(b)(2) of the North Korean Human Rights Act of 2004 (Public \n Law 108-333; 22 U.S.C. 7832(b)(2)), that ``United States \n nonhumanitarian assistance to North Korea shall be contingent \n on North Korea's substantial progress'' on human rights \n improvements, release of and accounting for abductees, family \n reunification, reform of North Korea's labor camp system, and \n the decriminalization of political expression, none of which \n has occurred.\n\nSEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH \n KOREA.\n\n Restrictions against the Government of North Korea that were \nimposed by reason of a determination of the Secretary of State that the \nGovernment of North Korea, for purposes of section 6(j) of the Export \nAdministration Act of 1979 (as continued in effect pursuant to the \nInternational Emergency Economic Powers Act), section 40 of the Arms \nExport Control Act, section 620A of the Foreign Assistance Act of 1961, \nor other provision of law, is a government that has repeatedly provided \nsupport for acts of international terrorism, shall remain in effect, \nand shall not be lifted pursuant to such provisions of law, unless the \nPresident certifies to Congress that the Government of North Korea--\n (1) is no longer engaged in the illegal transfer of missile \n or nuclear technology, particularly to the Governments of Iran, \n Syria, or any other country, the government of which the \n Secretary of State has determined, for purposes of any of the \n provisions of law specified in the matter preceding this \n paragraph, is a government that has repeatedly provided support \n for acts of international terrorism;\n (2) is no longer engaged in training, harboring, supplying, \n financing, or supporting in any way--\n (A) Hamas, Hezbollah, or the Japanese Red Army, or \n any member of such organizations;\n (B) any organization designated by the Secretary of \n State as a foreign terrorist organization in accordance \n with section 219(a) of the Immigration and Nationality \n Act (8 U.S.C. 1189(a)); and\n (C) any person included on the Annex to Executive \n Order 13224 (September 23, 2001) and any other person \n identified under section 1 of that Executive Order \n whose property and interests in property are blocked by \n that section (commonly known as a ``specially \n designated global terrorist'');\n (3) is no longer engaged in the counterfeiting of United \n States currency ``supernotes'';\n (4) has made inoperable Bureau No. 39 under the North \n Korean Workers Party headed by Kim Jong Il, which is charged \n with laundering illicit funds obtained by narcotics trafficking \n and other criminal activities;\n (5) has released United States permanent resident Kim Dong-\n Shik who, according to the findings of a South Korean court, \n was abducted by North Korean agents on the Chinese border in \n January 2000;\n (6) has released the 15 Japanese nationals recognized as \n abduction victims by the National Police Agency (NPA) of Japan;\n (7) has released an estimated 600 surviving South Korean \n POWs, comrades-in-arms of United States and Allied forces, who \n have been held in North Korea against their will and in \n violation of the Armistice Agreement since hostilities ended in \n July 1953; and\n (8) has ceased and desisted from engaging in further \n terrorist activities subsequent to the 1987 bombing of Korean \n Air Flight 858 over Burma, the 1996 murder in Vladivostok, \n Russia, of South Korean diplomat Choi Duck-keun, following \n Pyongyang's threats of retaliation for the deaths of North \n Korean commandoes whose submarine ran aground in South Korea, \n and the 1997 assassination on the streets of Seoul of North \n Korean defector Lee Han Young.","summary":"North Korean Counterterrorism and Nonproliferation Act - Provides for the continuation of restrictions against the government of North Korea unless the President certifies to Congress that North Korea has met certain benchmarks respecting: (1) missile or nuclear technology transfers. (2) support of terrorist groups and terrorist activities, (3) counterfeiting of US currency, (4) release of South Korean POWs, Japanese journalists, and Kim Donk-Shik, and (5) Bureau 39's closure.","title":"To provide for the continuation of restrictions against the Government of North Korea unless the President certifies to Congress that the Government of North Korea has met certain benchmarks.","text_len":6408,"sum_len":481} {"bill_id":"109_hr1362","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hospital Price Disclosure Act of \n2005''.\n\nSEC. 2. PUBLIC DISCLOSURE OF HOSPITAL AND AMBULATORY SURGICAL CENTER \n DATA.\n\n (a) Requirement.--\n (1) Hospitals.--Subsection (a)(1) of section 1866 of the \n Social Security Act (42 U.S.C. 1395cc) is amended--\n (A) in subparagraph (U), by striking ``and'' at the \n end;\n (B) in subparagraph (V), by striking the period at \n the end and inserting ``, and''; and\n (C) by inserting after subparagraph (V) the \n following new subparagraph:\n ``(W) in the case of a hospital, to report to the Secretary \n data in accordance with subsection (k)(1) and to post notice \n regarding such data in accordance with subsection (k)(2)(B).''.\n (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i) \n of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by \n inserting after ``other standards'' the following: ``, \n including the reporting to the Secretary of data in accordance \n with section 1866(k)(1) and the posting of notice regarding \n such data in accordance with section 1866(k)(2)(B)''.\n (b) Data Reporting by Hospitals and Ambulatory Surgical Centers for \nCertain Inpatient and Outpatient Procedures and Inpatient Drugs.--\nSection 1866 of such Act (42 U.S.C. 1395cc) is further amended by \nadding at the end the following new subsection:\n ``(k) Data Reporting by Hospitals and Ambulatory Surgical Centers \nand Public Posting.--\n ``(1) Quarterly reporting requirement.--Not later than 45 \n days after the end of each calendar quarter (beginning more \n than one year after the date of the enactment of this \n subsection), a hospital shall report to the Secretary, for each \n procedure or drug selected under paragraph (3), and an \n ambulatory surgical center shall report to the Secretary, for \n each procedure selected under paragraph (3)(A)(ii), the \n following data:\n ``(A) The frequency with which the hospital \n performed the procedure, or administered the drug in an \n inpatient setting, or the center performed the \n procedure during such quarter.\n ``(B) If the procedure was performed or the drug \n was so administered during such quarter, the average \n and the median of the price charged by the hospital or \n center for such procedure or drug during such quarter.\n ``(2) Public availability of data.--\n ``(A) Public posting of data.--The Secretary shall \n promptly post, on the official public Internet site of \n the Department of Health and Human Services, the data \n reported under paragraph (1). Such data shall be set \n forth in a manner that promotes price comparison among \n hospitals and ambulatory surgical centers.\n ``(B) Notice of availability.--A hospital and \n ambulatory surgical center shall prominently post at \n each admission site of the hospital or center a notice \n of the availability of the data reported under \n paragraph (1) on the official public Internet site \n under subparagraph (A).\n ``(3) Selection of procedures and drugs.--\n ``(A) Initial selection.--Based on national data, \n the Secretary shall select the following:\n ``(i) The 25 most frequently performed \n hospital inpatient procedures.\n ``(ii) The 25 most frequently performed \n hospital outpatient procedures.\n ``(iii) The 50 most frequently administered \n drugs in a hospital inpatient setting.\n ``(B) Updating selection.--The Secretary shall \n periodically update the procedures and drugs selected \n under subparagraph (A).\n ``(4) Civil money penalty.--The Secretary may impose a \n civil money penalty of not more than $10,000 for each knowing \n violation of the provisions of paragraph (1) or (2)(B) by a \n hospital or ambulatory surgical center. A civil money penalty \n under this paragraph shall be imposed and collected in the same \n manner as a civil money penalty under subsection (a) of section \n 1128A is imposed and collected under that section.\n ``(5) Administrative provisions.--\n ``(A) Classification of procedures.--For purposes \n of this subsection, the Secretary shall establish rules \n for the classification of different procedures and for \n the assignment of items and services to those \n procedures.\n ``(B) Computation of average and median prices.--\n For purposes of paragraph (1), the computation of an \n average and median price for a procedure or drug shall \n be in accordance with a methodology prescribed by the \n Secretary. Such methodology may provide for reporting \n by the hospital or ambulatory surgical center of unit \n prices for specific items and services included in a \n procedure, including appropriate per diem prices, and a \n method of converting such unit prices for a procedure \n to an average and median price for such procedure.\n ``(C) Form of report and notice.--The Secretary \n shall specify the electronic form and manner by which a \n hospital or ambulatory surgical center shall report \n data under paragraph (1) and the form for posting of \n notices under paragraph (2)(B).\n ``(6) Non-preemption of state laws.--Nothing in this \n subsection shall be construed as preempting or otherwise \n affecting any provision of State law relating to the disclosure \n of price or other information for a hospital or ambulatory \n surgical center.\n ``(7) Drug defined.--For purposes of this subsection, the \n term `drug' includes a biological and a non-prescription drug, \n such as an ointment. ''.","summary":"Hospital Price Disclosure Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.","title":"To amend title XVIII of the Social Security Act to provide for the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.","text_len":6613,"sum_len":205} {"bill_id":"104_hr1168","text":"SECTION 1. RESERVE FORCES PARTICIPATION CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45C. RESERVE FORCES PARTICIPATION CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, the reserve forces \nparticipation credit determined under this section is an amount equal \nto the sum of--\n ``(1) the aggregate of the employment credits with respect \n to qualified employees of a taxpayer, plus\n ``(2) if the taxpayer is a qualified self-employed \n taxpayer, the self-employment credit.\n ``(b) Employment Credit.--For purposes of this section--\n ``(1) In general.--The employment credit with respect to a \n qualified employee of a taxpayer for any taxable year is an \n amount equal to the lesser of--\n ``(A) 50 percent of the amount of qualified \n compensation that would have been paid to the employee \n with respect to all periods during which the employee \n participates in qualified reserve duty to the exclusion \n of normal employment duties, including time spent in a \n travel status had the employee not been participating \n in qualified reserve duty, or\n ``(B) $2,000.\n ``(2) Qualified compensation.--The term `qualified \n compensation' means compensation--\n ``(A) which is normally contingent on the \n employee's presence for work and which would be \n deductible from the taxpayer's gross income under \n section 162(a)(1) if the employee were present and \n receiving such compensation; and\n ``(B) which is not characterized by the taxpayer as \n vacation or holiday pay, or as sick leave or pay, or as \n any other form of pay for a nonspecific leave absence, \n and with respect to which the number of days the \n employee participates in qualified reserve duty does \n not result in any reduction in the amount of vacation \n time, sick leave, or other nonspecific leave previously \n credited to or earned by the employee.\n ``(3) Qualified employee.--The term `qualified employee' \n means a person who--\n ``(A) has been a full-time employee of a taxpayer \n for the 21-day period immediately preceding the period \n during which the employee participates in qualified \n reserve duty, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States.\n ``(4) Credit in addition to deduction.--The employment \n credit provided in this section is in addition to any deduction \n otherwise allowable with respect to compensation actually paid \n to a qualified employee during any period the employee \n participates in qualified reserve duty to the exclusion of \n normal employment duties.\n ``(c) Self-Employment Credit.--\n ``(1) In general.--In the case of a qualified self-employed \n taxpayer, the self-employment credit for any taxable year is \n equal to 50 percent of the excess (if any) of--\n ``(A) the taxpayer's average daily self-employment \n income for the taxable year over\n ``(B) the average daily military pay and allowances \n received by the taxpayer during the taxable year while \n participating in qualified reserve duty to the \n exclusion of the taxpayer's normal self-employment \n duties for the number of days the taxpayer participates \n in qualified reserve duty during the taxable year, \n including time spent in a travel status.\n ``(2) Average daily self-employment income and average \n daily military pay and allowances.--As used with respect to a \n self-employed taxpayer--\n ``(A) Average daily self-employment income.--The \n term `average daily self-employment income' means the \n net earnings from self-employment (as defined in \n section 1402) of the taxpayer for the taxable year \n divided by the difference between--\n ``(i) 365, and\n ``(ii) the number of days the taxpayer \n participates in qualified reserve duty during \n the taxable year, including time spent in a \n travel status.\n ``(B) Average daily military pay and allowances.--\n The term `average daily military pay and allowances' \n means--\n ``(i) the amount paid to the taxpayer \n during a taxable year as military pay on \n account of the taxpayer's participation in \n qualified reserve duty, divided by\n ``(ii) the total number of days the \n taxpayer participates in qualified reserve \n duty, including, if applicable, time spent in \n travel status.\n ``(3) Qualified self-employed taxpayer.--The term \n `qualified self-employed taxpayer' means a taxpayer who--\n ``(A) has net earnings from self-employment (as \n defined in section 1402) for the taxable year, and\n ``(B) is a member of the Ready Reserve of a reserve \n component of an Armed Force of the United States.\n ``(d) Limitations.--\n ``(1) Maximum credit.--The credit determined under \n subsection (a) for the taxable year shall not exceed $7,500.\n ``(2) Disallowance for failure to comply with employment or \n reemployment rights of members of the reserve components of the \n armed forces of the united states.--No credit shall be allowed \n by reason of subsection (a) to a taxpayer for--\n ``(A) any taxable year in which the taxpayer \n complies with a final order, judgment, or other process \n issued or required by a district court of the United \n States under section 4323 of title 38 of the United \n States Code with respect to a violation of chapter 43 \n of such title, and\n ``(B) the two succeeding taxable years.\n ``(3) Disallowance with respect to persons ordered to \n active duty for training.--No credit shall be allowed by reason \n of subsection (a) to a taxpayer with respect to any period for \n which the person on whose behalf the credit would otherwise be \n allowable is called or ordered to active duty for any of the \n following types of duty--\n ``(A) active duty for training under any provision \n of title 10 of the United States Code;\n ``(B) training at encampments, maneuvers, outdoor \n target practice, or other exercises under chapter 5 of \n title 32, United States Code; or\n ``(C) full-time National Guard duty, as defined in \n section 101(d)(5) of title 10, United State Code.\n ``(e) General Definitions.--\n ``(1) Military pay and allowances.--The term `military pay' \n means pay as that term is defined in section 101(21) of title \n 37, United States Code, and the term `allowances' means the \n allowances payable to a member of the Armed Forces of the \n United States under chapter 7 of that title.\n ``(2) Qualified reserve duty.--The term `qualified reserve \n duty' includes only active duty performed in support of, as \n designated in the reservist's military orders, a contingency \n operation as defined in section 101(a)(13), of title 10, United \n States Code.\n ``(3) Normal employment and self-employment duties.--A \n person shall be deemed to be participating in qualified reserve \n duty to the exclusion of normal employment or self-employment \n duties if the person does not engage in or undertake any \n substantial activity related to the person's normal employment \n or self-employment duties while participating in qualified \n reserve duty unless in an authorized leave status or other \n authorized absence form military duties. If a person engages in \n or undertakes any substantial activity related to the person's \n normal employment or self-employment duties at any time while \n participating in a period of qualified reserve duty, unless \n during a period of authorized leave or other authorized absence \n from military duties, the person shall be deemed to have \n engaged in or undertaken such activity for the entire period of \n qualified reserve duty.\n ``(f) Controlled groups.--All persons treated as a single employer \nunder subsection (a) or (b) of section 52 shall be treated as a single \nemployer for purposes of this section.''\n (b) Credit to be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code (relating to general business credit) is \namended--\n (1) by striking ``plus'' at the end of paragraph (10);\n (2) by striking the period at the end of paragraph (11) and \n inserting ``, plus''; and\n (3) by adding at the end the following new paragraph:\n ``(12) the reserve forces participation credit determined \n under section 45C(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n ``Sec. 45C. Reserve forces participation \n credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1995.","summary":"Amends the Internal Revenue Code to allow a tax credit to employers of members of reserve components of the armed forces and to self-employed individuals who are members of such reserve components.","title":"To amend the Internal Revenue Code of 1986 to allow a credit against income tax to employers who employ members of the reserve components of the Armed Forces of the United States and to self-employed individuals who are members of such reserve components.","text_len":10485,"sum_len":197} {"bill_id":"108_hr4611","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Gasoline Price Reduction and \nRefinery Tax Fairness Act of 2004''.\n\nSEC. 2. POLICY.\n\n It is the policy of the United States to take all actions necessary \nin the areas of conservation, efficiency, alternative sources, \ntechnology development, and domestic production to reduce the United \nStates dependence on foreign energy sources by January 1, 2014, to 45 \npercent of the Nation's total energy needs.\n\nSEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.\n\n Section 502 of the Federal Water Pollution Control Act (33 U.S.C. \n1362) is amended by adding at the end the following:\n ``(24) Oil and gas exploration and production.--The term \n `oil and gas exploration, production, processing, or treatment \n operations or transmission facilities' means all field \n activities or operations associated with exploration, \n production, processing, or treatment operations, or \n transmission facilities, including activities necessary to \n prepare a site for drilling and for the movement and placement \n of drilling equipment, whether or not such field activities or \n operations may be considered to be construction activities.''.\n\nSEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION.\n\n (a) Establishment.--The President shall establish the Office of \nFederal Energy Project Coordination (referred to in this section as the \n``Office'') within the Executive Office of the President in the same \nmanner and with the same mission as the White House Energy Projects \nTask Force established by Executive Order No. 13212 (42 U.S.C. 13201 \nnote).\n (b) Staffing.--The Office shall be staffed by functional experts \nfrom relevant Federal agencies on a nonreimbursable basis to carry out \nthe mission of the Office.\n (c) Report.--The Office shall transmit an annual report to Congress \nthat describes the activities put in place to coordinate and expedite \nFederal decisions on energy projects. The report shall list \naccomplishments in improving the Federal decisionmaking process and \nshall include any additional recommendations or systemic changes needed \nto establish a more effective and efficient Federal permitting process.\n\nSEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES.\n\n (a) Review of Onshore Oil and Gas Leasing Practices.--\n (1) In general.--The Secretary of the Interior, in \n consultation with the Secretary of Agriculture with respect to \n National Forest System lands under the jurisdiction of the \n Department of Agriculture, shall perform an internal review of \n current Federal onshore oil and gas leasing and permitting \npractices.\n (2) Inclusions.--The review shall include the process for--\n (A) accepting or rejecting offers to lease;\n (B) administrative appeals of decisions or orders \n of officers or employees of the Bureau of Land \n Management with respect to a Federal oil or gas lease;\n (C) considering surface use plans of operation, \n including the timeframes in which the plans are \n considered, and any recommendations for improving and \n expediting the process; and\n (D) identifying stipulations to address site-\n specific concerns and conditions, including those \n stipulations relating to the environment and resource \n use conflicts.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary of the Interior and the Secretary of \nAgriculture shall transmit a report to Congress that describes--\n (1) actions taken under section 3 of Executive Order No. \n 13212 (42 U.S.C. 13201 note); and\n (2) actions taken or any plans to improve the Federal \n onshore oil and gas leasing program.\n\nSEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS.\n\n (a) Timely Action on Leases and Permits.--To ensure timely action \non oil and gas leases and applications for permits to drill on land \notherwise available for leasing, the Secretary of the Interior (in this \nsection referred to as the ``Secretary'') shall--\n (1) ensure expeditious compliance with section 102(2)(C) of \n the National Environmental Policy Act of 1969 (42 U.S.C. \n 4332(2)(C));\n (2) improve consultation and coordination with the States \n and the public; and\n (3) improve the collection, storage, and retrieval of \n information relating to the leasing activities.\n (b) Best Management Practices.--\n (1) In general.--Not later than 18 months after the date of \n enactment of this Act, the Secretary shall develop and \n implement best management practices to--\n (A) improve the administration of the onshore oil \n and gas leasing program under the Mineral Leasing Act \n (30 U.S.C. 181 et seq.); and\n (B) ensure timely action on oil and gas leases and \n applications for permits to drill on lands otherwise \n available for leasing.\n (2) Considerations.--In developing the best management \n practices under paragraph (1), the Secretary shall consider any \n recommendations from the review under section 5.\n (3) Regulations.--Not later than 180 days after the \n development of best management practices under paragraph (1), \n the Secretary shall publish, for public comment, proposed \n regulations that set forth specific timeframes for processing \n leases and applications in accordance with the practices, \n including deadlines for--\n (A) approving or disapproving resource management \n plans and related documents, lease applications, and \n surface use plans; and\n (B) related administrative appeals.\n (c) Improved Enforcement.--The Secretary shall improve inspection \nand enforcement of oil and gas activities, including enforcement of \nterms and conditions in permits to drill.\n (d) Authorization of Appropriations.--In addition to amounts \nauthorized to be appropriated to carry out section 17 of the Mineral \nLeasing Act (30 U.S.C. 226), there are authorized to be appropriated to \nthe Secretary for each of fiscal years 2005 through 2008--\n (1) $40,000,000 to carry out subsections (a) and (b); and\n (2) $20,000,000 to carry out subsection (c).\n\nSEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.\n\n (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of the Interior and the Secretary \nof Agriculture shall enter into a memorandum of understanding regarding \noil and gas leasing on--\n (1) public lands under the jurisdiction of the Secretary of \n the Interior; and\n (2) National Forest System lands under the jurisdiction of \n the Secretary of Agriculture.\n (b) Contents.--The memorandum of understanding shall include \nprovisions that--\n (1) establish administrative procedures and lines of \n authority that ensure timely processing of oil and gas lease \n applications, surface use plans of operation, and applications \n for permits to drill, including steps for processing surface \n use plans and applications for permits to drill consistent with \n the timelines established by the amendment made by section 10;\n (2) eliminate duplication of effort by providing for \n coordination of planning and environmental compliance efforts; \n and\n (3) ensure that lease stipulations are--\n (A) applied consistently;\n (B) coordinated between agencies; and\n (C) only as restrictive as necessary to protect the \n resource for which the stipulations are applied.\n (c) Data Retrieval System.--\n (1) In general.--Not later than 1 year after the date of \n enactment of this Act, the Secretary of the Interior and the \n Secretary of Agriculture shall establish a joint data retrieval \n system that is capable of--\n (A) tracking applications and formal requests made \n in accordance with procedures of the Federal onshore \n oil and gas leasing program; and\n (B) providing information regarding the status of \n the applications and requests within the Department of \n the Interior and the Department of Agriculture.\n (2) Resource mapping.--Not later than 2 years after the \n date of enactment of this Act, the Secretary of the Interior \n and the Secretary of Agriculture shall establish a joint \n Geographic Information System mapping system for use in--\n (A) tracking surface resource values to aid in \n resource management; and\n (B) processing surface use plans of operation and \n applications for permits to drill.\n\nSEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL \n LAND.\n\n (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C. \n6217) is amended--\n (1) in subsection (a)--\n (A) in paragraph (1)--\n (i) by striking ``reserve''; and\n (ii) by striking ``and'' after the \n semicolon; and\n (B) by striking paragraph (2) and inserting the \n following:\n ``(2) the extent and nature of any restrictions or \n impediments to the development of the resources, including--\n ``(A) impediments to the timely granting of leases;\n ``(B) post-lease restrictions, impediments, or \n delays on development for conditions of approval, \n applications for permits to drill, or processing of \n environmental permits; and\n ``(C) permits or restrictions associated with \n transporting the resources for entry into commerce; and\n ``(3) the quantity of resources not produced or introduced \n into commerce because of the restrictions.'';\n (2) in subsection (b)--\n (A) by striking ``reserve'' and inserting \n ``resource''; and\n (B) by striking ``publically'' and inserting \n ``publicly''; and\n (3) by striking subsection (d) and inserting the following:\n ``(d) Assessments.--Using the inventory, the Secretary of Energy \nshall make periodic assessments of economically recoverable resources \naccounting for a range of parameters such as current costs, commodity \nprices, technology, and regulations.''.\n (b) Methodology.--The Secretary of the Interior shall use the same \nassessment methodology across all geological provinces, areas, and \nregions in preparing and issuing national geological assessments to \nensure accurate comparisons of geological resources.\n\nSEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING \n REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, \n DISTRIBUTION, OR USE.\n\n (a) Requirement.--The head of each Federal agency shall require \nthat before the Federal agency takes any action that could have a \nsignificant adverse effect on the supply of domestic energy resources \nfrom Federal public land, the Federal agency taking the action shall \ncomply with Executive Order No. 13211 (42 U.S.C. 13201 note).\n (b) Guidance.--Not later than 180 days after the date of enactment \nof this Act, the Secretary of Energy shall publish guidance for \npurposes of this section describing what constitutes a significant \nadverse effect on the supply of domestic energy resources under \nExecutive Order No. 13211 (42 U.S.C. 13201 note).\n (c) Memorandum of Understanding.--The Secretary of the Interior and \nthe Secretary of Agriculture shall include in the memorandum of \nunderstanding under section 7 provisions for implementing subsection \n(a) of this section.\n\nSEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS.\n\n Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by \nadding at the end the following:\n ``(p) Deadlines for Consideration of Applications for Permits.--\n ``(1) In general.--Not later than 10 days after the date on \n which the Secretary receives an application for any permit to \n drill, the Secretary shall--\n ``(A) notify the applicant that the application is \n complete; or\n ``(B) notify the applicant that information is \n missing and specify any information that is required to \n be submitted for the application to be complete.\n ``(2) Issuance or deferral.--Not later than 30 days after \n the applicant for a permit has submitted a complete \n application, the Secretary shall--\n ``(A) issue the permit; or\n ``(B)(i) defer decision on the permit; and\n ``(ii) provide to the applicant a notice that \n specifies any steps that the applicant could take for \n the permit to be issued.\n ``(3) Requirements for deferred applications.--\n ``(A) In general.--If the Secretary provides notice \n under paragraph (2)(B)(ii), the applicant shall have a \n period of 2 years from the date of receipt of the \n notice in which to complete all requirements specified \n by the Secretary, including providing information \n needed for compliance with the National Environmental \n Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n ``(B) Issuance of decision on permit.--If the \n applicant completes the requirements within the period \n specified in subparagraph (A), the Secretary shall \n issue a decision on the permit not later than 10 days \n after the date of completion of the requirements \n described in subparagraph (A).\n ``(C) Denial of permit.--If the applicant does not \n complete the requirements within the period specified \n in subparagraph (A), the Secretary shall deny the \n permit.\n ``(q) Report.--On a quarterly basis, each field office of the \nBureau of Land Management and the Forest Service shall transmit to the \nSecretary of the Interior or the Secretary of Agriculture, \nrespectively, a report that--\n ``(1) specifies the number of applications for permits to \n drill received by the field office in the period covered by the \n report; and\n ``(2) describes how each of the applications was disposed \n of by the field office.''.\n\nSEC. 11. ENVIRONMENTAL REGULATIONS.\n\n In issuing any rule or order relating to gasoline production and \ndistribution, a Federal agency shall include a detailed analysis of the \neffects the rule or order would have on gasoline supply. Each Federal \nagency shall seek to ensure that no such rule or order is issued that \nwill increase United States dependence on foreign sources of oil.\n\nSEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY.\n\n (a) In General.--Subparagraph (B) of section 168(e)(3) of the \nInternal Revenue Code of 1986 (relating to classification of property) \nis amended by striking ``and'' at the end of clause (v), by striking \nthe period at the end of clause (vi) and inserting ``, and'', and by \nadding at the end the following new clause:\n ``(vii) any refinery machinery.''.\n (b) Alternative System.--The table contained in section \n168(g)(3)(B) of such Code is amended by inserting after the item \nrelating to subparagraph (B)(iii) the following new item:\n\n``(B)(vii).................................................. 10''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2004.\n\nSEC. 13. REFINERY PERMITTING PROCESS.\n\n Each Federal agency with authority to approve or disapprove actions \naffecting the siting or operation of United States refineries shall, \nwithin 180 days after receiving an application for such approval, \neither provide the approval or notify the applicant of the reasons for \nrejection along with an explanation of what steps would be necessary to \nobtain approval.","summary":"Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define oil and gas exploration, production, processing, or treatment operations or transmission facilities as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President. Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices. And (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands. And (2) establish a joint data retrieval system and a joint Geographic Information System mapping system. Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands. Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects. Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases. Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase US dependence on foreign sources of oil. Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery. Requires each Federal agency with the authority to do so to approve or disapprove within 180 days of its receipt any application for approval of an action affecting the siting or operation of US refineries.","title":"To enable increased gasoline supplies and otherwise ensure lower gasoline prices in the United States.","text_len":16943,"sum_len":2570} {"bill_id":"110_s1672","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``The VA Vision Scholars Act of 2007''.\n\nSEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS \n EDUCATION ASSISTANCE PROGRAM.\n\n (a) Establishment of Program.--Part V of title 38, United States \nCode, is amended by adding at the end the following new chapter:\n\n ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY \n PROFESSIONALS EDUCATION ASSISTANCE PROGRAM\n\n``Sec.\n``8001. Establishment of scholarship program; purpose.\n``8002. Application and acceptance.\n``8003. Amount of assistance; duration.\n``8004. Agreement.\n``8005. Repayment for failure to satisfy requirements of agreement.\n``Sec. 8001. Establishment of scholarship program; purpose\n ``(a) Establishment.--Subject to the availability of \nappropriations, the Secretary shall establish and carry out a \nscholarship program to provide financial assistance in accordance with \nthis chapter to an individual--\n ``(1) who is accepted for enrollment or currently enrolled \n in a program of study leading to a degree or certificate in \n visual impairment or orientation and mobility, or a dual degree \n or certification in both such areas, at an accredited (as \n determined by the Secretary) educational institution that is in \n a State; and\n ``(2) who enters into an agreement with the Secretary as \n described in section 8004 of this title.\n ``(b) Purpose.--The purpose of the scholarship program established \nunder this chapter is to increase the supply of qualified blind \nrehabilitation specialists for the Department and the Nation.\n ``(c) Outreach.--The Secretary shall publicize the scholarship \nprogram established under this chapter to educational institutions \nthroughout the United States, with an emphasis on disseminating \ninformation to such institutions with high numbers of Hispanic students \nand to Historically Black Colleges and Universities.\n``Sec. 8002. Application and acceptance\n ``(a) Application.--(1) To apply and participate in the scholarship \nprogram under this chapter, an individual shall submit to the Secretary \nan application for such participation together with an agreement \ndescribed in section 8004 of this title under which the participant \nagrees to serve a period of obligated service in the Department as \nprovided in the agreement in return for payment of educational \nassistance as provided in the agreement.\n ``(2) In distributing application forms and agreement forms to \nindividuals desiring to participate in the scholarship program, the \nSecretary shall include with such forms the following:\n ``(A) A fair summary of the rights and liabilities of an \n individual whose application is approved (and whose agreement \n is accepted) by the Secretary.\n ``(B) A full description of the terms and conditions that \n apply to participation in the scholarship program and service \n in the Department.\n ``(b) Approval.--(1) Upon the Secretary's approval of an \nindividual's participation in the scholarship program, the Secretary \nshall, in writing, promptly notify the individual of that acceptance.\n ``(2) An individual becomes a participant in the scholarship \nprogram upon such approval by the Secretary.\n``Sec. 8003. Amount of assistance; duration\n ``(a) Amount of Assistance.--The amount of the financial assistance \nprovided for an individual under this chapter shall be the amount \ndetermined by the Secretary as being necessary to pay the tuition and \nfees of the individual. In the case of an individual enrolled in a \nprogram of study leading to a dual degree or certification in both the \nareas of study described in section 8001(a)(1) of this title, the \ntuition and fees shall not exceed the amounts necessary for the minimum \nnumber of credit hours to achieve such dual certification or degree.\n ``(b) Relationship to Other Assistance.--Financial assistance may \nbe provided to an individual under this chapter to supplement other \neducational assistance to the extent that the total amount of \neducational assistance received by the individual during an academic \nyear does not exceed the total tuition and fees for such academic year.\n ``(c) Maximum Amount of Assistance.--(1) In no case may the total \namount of assistance provided under this chapter for an academic year \nto an individual who is a full-time student exceed $15,000.\n ``(2) In the case of an individual who is a part-time student, the \ntotal amount of assistance provided under this chapter shall bear the \nsame ratio to the amount that would be paid under paragraph (1) if the \nparticipant were a full-time student in the program of study being \npursued by the individual as the coursework carried by the individual \nto full-time coursework in that program of study.\n ``(3) In no case may the total amount of assistance provided to an \nindividual under this chapter exceed $45,000.\n ``(d) Maximum Duration of Assistance.--The Secretary may provide \nfinancial assistance to an individual under this chapter for not more \nthan six years.\n``Sec. 8004. Agreement\n ``An agreement between the Secretary and a participant in the \nscholarship program under this chapter shall be in writing, shall be \nsigned by the participant, and shall include the following:\n ``(1) The Secretary's agreement to provide the participant \n with financial assistance as authorized under this chapter.\n ``(2) The participant's agreement--\n ``(A) to accept such financial assistance;\n ``(B) to maintain enrollment and attendance in the \n program of study described in section 8001(a)(1) of \n this chapter;\n ``(C) while enrolled in such program, to maintain \n an acceptable level of academic standing (as determined \n by the educational institution offering such program \n under regulations prescribed by the Secretary); and\n ``(D) after completion of the program, to serve as \n a full-time employee in the Department for a period of \n three years, to be served within the first six years \n after the participant has completed such program and \n received a degree or certificate described in section \n 8001(a)(1) of this chapter.\n ``(3) Such other terms and conditions that the Secretary \n determines appropriate for carrying out this chapter.\n``Sec. 8005. Repayment for failure to satisfy requirements of agreement\n ``(a) In General.--An individual who receives educational \nassistance under this chapter shall repay to the Secretary an amount \nequal to the unearned portion of such assistance if the individual \nfails to satisfy the requirements of the agreement entered into under \nsection 8004 of this title, except in circumstances authorized by the \nSecretary.\n ``(b) Amount of Repayment.--The Secretary shall establish, by \nregulations, procedures for determining the amount of the repayment \nrequired under this section and the circumstances under which an \nexception to the required repayment may be granted.\n ``(c) Waiver or Suspension of Compliance.--The Secretary shall \nprescribe regulations providing for the waiver or suspension of any \nobligation of an individual for service or payment under this chapter \n(or an agreement under this chapter) whenever noncompliance by the \nindividual is due to circumstances beyond the control of the individual \nor whenever the Secretary determines that the waiver or suspension of \ncompliance is in the best interest of the United States.\n ``(d) Obligation as Debt to United States.--An obligation to repay \nthe Secretary under this section is, for all purposes, a debt owed the \nUnited States. A discharge in bankruptcy under title 11 does not \ndischarge a person from such debt if the discharge order is entered \nless than five years after the date of the termination of the agreement \nor contract on which the debt is based.''.\n (b) Clerical Amendments.--The tables of chapters at the beginning \nof title 38, and of part V of title 38, are each amended by inserting \nafter the item relating to chapter 79 the following new item:\n\n``80. Visual Impairment and Orientation and Mobility 8001.''.\n Professionals Education \n Assistance Program.\n (c) Effective Date.--The Secretary of Veterans Affairs shall \nimplement chapter 80 of title 38, United States Code, as added by \nsubsection (a), not later than six months after the date of the \nenactment of this Act.","summary":"VA Vision Scholars Act of 2007 - Directs the Secretary of Veterans Affairs to establish and carry out a scholarship program of financial assistance for individuals who: (1) are accepted for, or currently enrolled in, a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or both. And (2) enter into an agreement to serve, after program completion, as a full-time Department of Veterans Affairs (VA) employee for three years within the first six years after program completion. Sets maximum assistance amounts of $15,000 per academic year and $45,000 total. Requires pro rate repayment for failure to satisfy education or service requirements, while allowing the Secretary to waive or suspend such repayment whenever noncompliance is due to circumstances beyond the control of the participant, or when waiver or suspension is in the best interests of the United States.","title":"A bill to direct the Secretary of Veterans Affairs to establish a scholarship program for students seeking a degree or certificate in the areas of visual impairment and orientation and mobility.","text_len":8784,"sum_len":918} {"bill_id":"108_s1330","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Kenai Mountains-Turnagain Arm \nNational Heritage Area Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) The Kenai Mountains-Turnagain Arm transportation \n corridor is a major gateway to Alaska and includes a range of \n transportation routes used first by indigenous people who were \n followed by pioneers who settled the Nation's last frontier;\n (2) the natural history and scenic splendor of the region \n are equally outstanding; vistas of nature's power include \n evidence of earthquake subsidence, recent avalanches, \n retreating glaciers and tidal action along Turnagain Arm, which \n has the world's second greatest tidal range;\n (3) the cultural landscape formed by indigenous people and \n then by settlement, transportation and modern resource \n development in this rugged and often treacherous natural \n setting stands as powerful testimony to the human fortitude, \n perseverance, and resourcefulness that is America's proudest \n heritage from the people who settled the frontier;\n (4) there is a national interest in recognizing, \n preserving, promoting, and interpreting these resources;\n (5) the Kenai Mountains-Turnagain Arm region is \n geographically and culturally cohesive because it is defined by \n a corridor of historic routes--trail, water, railroad, and \n roadways through a distinct landscape of mountains, lakes, and \n fjords;\n (6) national significance of separate elements of the \n region include, but are not limited to, the Iditarod National \n Historic Trail, the Seward Highway National Scenic Byway, and \n the Alaska Railroad National Scenic Railroad;\n (7) national heritage area designation provides for the \n interpretation of these routes, as well as the national \n historic districts and numerous historic routes in the region \n as part of the whole picture of human history in the wider \n transportation corridor including early Native trade routes, \n connections by waterway, mining trail, and other routes;\n (8) national heritage area designation also provides \n communities within the region with the motivation and means for \n ``grass roots'' regional coordination and partnerships with \n each other and with borough, State, and Federal agencies; and\n (9) national heritage area designation is supported by the \n Kenai Peninsula Historical Association, the Seward Historical \n Commission, the Seward City Council, the Hope and Sunrise \n Historical Society, the Hope Chamber of Commerce, the Alaska \n Association for Historic Preservation, the Cooper Landing \n Community Club, the Alaska Wilderness Recreation and Tourism \n Association, Anchorage Historic Properties, the Anchorage \n Convention and Visitors Bureau, the Cook Inlet Historical \n Society, the Moose Pass Sportsman's Club, the Alaska \nHistorical Commission, the Girdwood Board of Supervisors, the Kenai \nRiver Special Management Area Advisory Board, the Bird\/Indian Community \nCouncil, the Kenai Peninsula Borough Trails Commission, the Alaska \nDivision of Parks and Recreation, the Kenai Peninsula Borough, the \nKenai Peninsula Tourism Marketing Council, and the Anchorage Municipal \nAssembly.\n (b) Purposes.--The purposes of this Act are--\n (1) to recognize, preserve, and interpret the historic and \n modern resource development and cultural landscapes of the \n Kenai Mountains-Turnagain Arm historic transportation corridor, \n and to promote and facilitate the public enjoyment of these \n resources; and\n (2) to foster, through financial and technical assistance, \n the development of cooperative planning and partnership among \n the communities and borough, State, and Federal Government \n entities.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Heritage area.--The term ``Heritage Area'' means the \n Kenai Mountains-Turnagain Arm National Heritage Area \n established by section 4(a) of this Act.\n (2) Management entity.--The term ``management entity'' \n means the 11 member Board of Directors of the Kenai Mountains-\n Turnagain Arm National Heritage Corridor Communities \n Association.\n (3) Management plan.--The term ``management plan'' means \n the management plan for the Heritage Area.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA.\n\n (a) Establishment.--There is established the Kenai Mountains-\nTurnagain Arm National Heritage Area.\n (b) Boundaries.--The Heritage Area shall comprise the lands in the \nKenai Mountains and upper Turnagain Arm region generally depicted on \nthe map entitled ``Kenai Peninsula\/Turnagain Arm National Heritage \nCorridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. The map \nshall be on file and available for public inspection in the offices of \nthe Alaska Regional Office of the National Park Service and in the \noffices of the Alaska State Heritage Preservation Officer.\n\nSEC. 5. MANAGEMENT ENTITY.\n\n (a) The Secretary shall enter into a cooperative agreement with the \nmanagement entity, to carry out the purposes of this Act. The \ncooperative agreement shall include information relating to the \nobjectives and management of the Heritage Area, including the \nfollowing:\n (1) A discussion of the goals and objectives of the \n Heritage Area.\n (2) An explanation of the proposed approach to conservation \n and interpretation of the Heritage Area.\n (3) A general outline of the protection measures, to which \n the management entity commits.\n (b) Nothing in this Act authorizes the management entity to assume \nany management authorities or responsibilities on Federal lands.\n (c) Representatives of other organizations shall be invited and \nencouraged to participate with the management entity and in the \ndevelopment and implementation of the management plan, including but \nnot limited to: The State Division of Parks and Outdoor Recreation; the \nState Division of Mining, Land and Water; the Forest Service; the State \nHistoric Preservation Office; the Kenai Peninsula Borough; the \nMunicipality of Anchorage; the Alaska Railroad; the Alaska Department \nof Transportation; and the National Park Service.\n (d) Representation of ex-officio members in the non-profit \ncorporation shall be established under the bylaws of the management \nentity.\n\nSEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT \n ENTITY.\n\n (a) Management Plan.--\n (1) In general.--Not later than 3 years after the Secretary \n enters into a cooperative agreement with the management entity, \n the management entity shall develop a management plan for the \n Heritage Area, taking into consideration existing Federal, \n State, borough, and local plans.\n (2) Contents.--The management plan shall include, but not \n be limited to--\n (A) comprehensive recommendations for conservation, \n funding, management, and development of the Heritage \n Area;\n (B) a description of agreements on actions to be \n carried out by Government and private organizations to \n protect the resources of the Heritage Area;\n (C) a list of specific and potential sources of \n funding to protect, manage, and develop the Heritage \n Area;\n (D) an inventory of the resources contained in the \n Heritage Area; and\n (E) a description of the role and participation of \n other Federal, State, and local agencies that have \n jurisdiction on lands within the Heritage Area.\n (b) Priorities.--The management entity shall give priority to the \nimplementation of actions, goals, and policies set forth in the \ncooperative agreement with the Secretary and the heritage plan, \nincluding assisting communities within the region in--\n (1) carrying out programs which recognize important \n resource values in the Heritage Area;\n (2) encouraging economic viability in the affected \n communities;\n (3) establishing and maintaining interpretive exhibits in \n the Heritage Area;\n (4) improving and interpreting heritage trails;\n (5) increasing public awareness and appreciation for the \n natural, historical, and cultural resources and modern resource \n development of the Heritage Area;\n (6) restoring historic buildings and structures that are \n located within the boundaries of the Heritage Area; and\n (7) ensuring that clear, consistent, and appropriate signs \n identifying public access points and sites of interest are \n placed throughout the Heritage Area.\n (c) Public Meetings.--The management entity shall conduct 2 or more \npublic meetings each year regarding the initiation and implementation \nof the management plan for the Heritage Area. The management entity \nshall place a notice of each such meeting in a newspaper of general \ncirculation in the Heritage Area and shall make the minutes of the \nmeeting available to the public.\n\nSEC. 7. DUTIES OF THE SECRETARY.\n\n (a) The Secretary, in consultation with the Governor of Alaska, or \nhis designee, is authorized to enter into a cooperative agreement with \nthe management entity. The cooperative agreement shall be prepared with \npublic participation.\n (b) In accordance with the terms and conditions of the cooperative \nagreement and upon the request of the management entity, and subject to \nthe availability of funds, the Secretary may provide administrative, \ntechnical, financial, design, development, and operations assistance to \ncarry out the purposes of this Act.\n\nSEC. 8. SAVINGS PROVISIONS.\n\n (a) Regulatory Authority.--Nothing in this Act shall be construed \nto grant powers of zoning or management of land use to the management \nentity of the Heritage Area.\n (b) Effect on Authority of Governments.--Nothing in this Act shall \nbe construed to modify, enlarge, or diminish any authority of the \nFederal, State, or local governments to manage or regulate any use of \nland as provided for by law or regulation.\n (c) Effect on Business.--Nothing in this Act shall be construed to \nobstruct or limit business activity on private development or resource \ndevelopment activities.\n\nSEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.\n\n The management entity may not use funds appropriated to carry out \nthe purposes of this Act to acquire real property or interest in real \nproperty.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) First Year.--For the first year $350,000 is authorized to be \nappropriated to carry out the purposes of this Act, and is made \navailable upon the Secretary and the management entity completing a \ncooperative agreement.\n (b) In General.--There is authorized to be appropriated not more \nthan $1,000,000 to carry out the purposes of this Act for any fiscal \nyear after the first year. Not more than $10,000,000, in the aggregate, \nmay be appropriated for the Heritage Area.\n (c) Matching Funds.--Federal funding provided under this Act shall \nbe matched at least 25 percent by other funds or in-kind services.\n (d) Sunset Provision.--The Secretary may not make any grant or \nprovide any assistance under this Act beyond 15 years from the date \nthat the Secretary and management entity complete a cooperative \nagreement.","summary":"Kenai Mountains-Turnagain Arm National Heritage Area Act - Establishes the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska. Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association. And (2) the Association to develop a management plan for the Heritage Area. Prohibits the Association from using funds appropriated to carry out this Act to acquire real property.","title":"A bill to establish the Kenai Mountains-Turnagain Arm National Heritage Area in the State of Alaska, and for other purposes.","text_len":12035,"sum_len":517} {"bill_id":"111_s2774","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fighting Medicare Payment Fraud Act \nof 2009''.\n\nSEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE \n REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD, \n WASTE, OR ABUSE.\n\n (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act \n(42 U.S.C. 1395h(c)(2)) is amended--\n (1) in subparagraph (B)(ii)(V), by striking ``with \n respect'' and inserting ``subject to subparagraph (D), with \n respect''; and\n (2) by adding at the end the following new subparagraph:\n ``(D)(i) Upon a determination by the Secretary that \n there is a likelihood of fraud, waste, or abuse \n involving a particular category of providers of \n services or suppliers, categories of providers of \n services or suppliers in a certain geographic area, or \n individual providers of services or suppliers, the \n Secretary shall extend the number of calendar days \n described in subparagraph (B)(ii)(V) to--\n ``(I) up to 365 calendar days with respect \n to claims submitted by--\n ``(aa) categories of providers of \n services or suppliers; or\n ``(bb) categories of providers of \n services or suppliers in a certain \n geographic area; or\n ``(II) such time that the Secretary \n determines is necessary to ensure that the \n claims with respect to individual providers of \n services or suppliers are clean claims.\n ``(ii) During the extended period of time under \n subclauses (I) and (II) of clause (ii), the Secretary \n shall engage in heightened scrutiny of claims, such as \n prepayment review and other methods the Secretary \n determines to be appropriate.\n ``(iii) Not later than 90 days after the date of \n enactment of this subparagraph and not less than \n annually thereafter, the Inspector General of the \n Department of Health and Human Services shall submit to \n the Secretary a report containing recommendations with \n respect to the application of this subparagraph and \n section 1842(c)(2)(D). Not later than 60 days after \n receiving such a report, the Secretary shall submit to \n the Inspector General a written response to the \n recommendations contained in the report.\n ``(iv) There shall be no administrative or judicial \n review under section 1869, section 1878, or otherwise \n of the implementation of this subparagraph by the \n Secretary.''.\n (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act \n(42 U.S.C. 1395u(c)(2)) is amended--\n (1) in subparagraph (B)(ii)(V), by striking ``with \n respect'' and inserting ``subject to subparagraph (D), with \n respect''; and\n (2) by adding at the end the following new subparagraph:\n ``(D)(i) Upon a determination by the Secretary that \n there is a likelihood of fraud, waste, or abuse \n involving a particular category of providers of \n services or suppliers, categories of providers of \n services or suppliers in a certain geographic area, or \n individual providers of services or suppliers, the \n Secretary shall extend the number of calendar days \n described in subparagraph (B)(ii)(V) to--\n ``(I) up to 365 calendar days with respect \n to claims submitted by--\n ``(aa) categories of providers of \n services or suppliers; or\n ``(bb) categories of providers of \n services or suppliers in a certain \n geographic area; or\n ``(II) such time that the Secretary \n determines is necessary to ensure that the \n claims with respect to individual providers of \n services or suppliers are clean claims.\n ``(ii) During the extended period of time under \n subclauses (I) and (II) of clause (ii), the Secretary \n shall engage in heightened scrutiny of claims, such as \n prepayment review and other methods the Secretary \n determines to be appropriate.\n ``(iii) There shall be no administrative or \n judicial review under section 1869, section 1878, or \n otherwise of the implementation of this subparagraph by \n the Secretary.''.\n (c) Effective Date.--\n (1) In general.--The amendments made by this section shall \n take effect on the day that is 6 months after the date of the \n enactment of this Act.\n (2) Expediting implementation.--The Secretary shall \n promulgate regulations to carry out the amendments made by this \n section which may be effective and final immediately on an \n interim basis as of the date of publication of the interim \n final regulation. If the Secretary provides for an interim \n final regulation, the Secretary shall provide for a period of \n public comment on such regulation after the date of \n publication. The Secretary may change or revise such regulation \n after completion of the period of public comment.","summary":"Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims. Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.","title":"A bill to amend title XVIII of the Social Security Act to prevent Medicare payments being lost to fraud, waste, or abuse.","text_len":6054,"sum_len":619} {"bill_id":"109_s1437","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bioterror and Pandemic Preparedness \nProtection Act''.\n\nSEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND \n COUNTERMEASURES.\n\n Part B of title III of the Public Health Service Act is amended by \ninserting after section 319F-2 (42 U.S.C. 247d-6b) the following:\n\n``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND \n SECURITY COUNTERMEASURES.\n\n ``(a) Authority.--The Secretary shall be solely and exclusively \nresponsible for the administration of this section. This section shall \napply with respect to the design, development, clinical testing and \ninvestigation, manufacture, labeling, distribution, sale, purchase, \ndonation, dispensing, administration, or use of a security \ncountermeasure or a qualified pandemic or epidemic product.\n ``(b) Litigation Management.--\n ``(1) Federal cause of action.--\n ``(A) In general.--There shall exist an exclusive \n Federal cause of action for all claims arising out of, \n relating to, or resulting from the design, development, \n clinical testing and investigation, manufacture, \n labeling, distribution, sale, purchase, donation, \n dispensing, administration, and use of a qualified \n pandemic or epidemic product or a security \n countermeasure as provided for in clauses (i) and (ii) \n of paragraph (2)(B).\n ``(B) Action.--With respect to the Federal cause of \n action provided in subparagraph (A)--\n ``(i) an action may be commenced solely and \n exclusively against the United States for \n claims identified in subparagraph (A) that are \n against a manufacturer, distributor, or health \n care provider;\n ``(ii) no cause of action shall be \n maintained against a manufacturer, distributor, \n or health care provider for claims identified \n in subparagraph (A); and\n ``(iii) for products subject to designation \n by the Secretary as provided for in clause (ii) \n of paragraph (2)(B), the protections set forth \n in clauses (i) and (ii) shall apply to all \n claims identified in subparagraph (A) that \n involve products sold, purchased, donated, \n dispensed, or administered during the effective \n period set forth in the designation provided \n for in paragraph (2)(F), regardless of the date \n of alleged injury.\n ``(C) Jurisdiction.--The United States District \n Court for the District of Columbia shall have sole and \n exclusive jurisdiction over any claim for loss of \n property, personal injury, or death arising out of, \n relating to, or resulting from the design, development, \n clinical testing and investigation, manufacture, \n labeling, distribution, sale, purchase, donation, \n dispensing, administration, or use of a qualified \n pandemic or epidemic product or security countermeasure \n as provided for in clauses (i) and (ii) of paragraph \n (2)(B).\n ``(2) Affirmative defense.--\n ``(A) In general.--There shall be a rebuttable \n presumption that the Federal Government is immune from \n liability in an action described in subparagraph (B).\n ``(B) Action described.--An action described in \n this subparagraph is an action that is commenced \n against the United States for claims arising out of, \n relating to, or resulting from the design, development, \n clinical testing and investigation, manufacture, \n labeling, distribution, sale, purchase, donation, \n dispensing, administration, or use of--\n ``(i) a security countermeasure that has \n been procured for the National Strategic \n Stockpile under section 319F-2 or a qualified \n pandemic or epidemic product that has been \n procured by the Secretary; or\n ``(ii) a security countermeasure or \n qualified pandemic or epidemic product in \n anticipation of and preparation for, in defense \n against, or in response or recovery to an \n actual or potential public health emergency, \n that is a security countermeasure or is \n designated as a qualified pandemic or epidemic \n product by the Secretary after the Secretary \n declared a public health emergency as described \n in paragraph (1) or (2) of section 319(a).\n ``(C) Rebuttability.--\n ``(i) In general.--The presumption \n described in subparagraph (A) shall be overcome \n by a determination by the Secretary as provided \n for in subparagraph (D).\n ``(ii) Investigation by secretary.--A party \n seeking a determination under subparagraph (D) \n may petition the Secretary to investigate \n claims against a manufacturer, distributor, \n dispenser, or health care provider arising out \n of, relating to, or resulting from the design, \n development, clinical testing and \n investigation, manufacture, labeling, \n distribution, sale, purchase, donation, \n dispensing, administration, or use of products \n as provided for in clauses (i) and (ii) of \n subparagraph (B). The decision to undertake \n such investigation shall be within the \n Secretary's discretion and shall not be subject \n to judicial review.\n ``(D) Determination by secretary.--\n ``(i) In general.--In making a \n determination under this subparagraph, the \n Secretary must find clear and convincing \n evidence that the manufacturer, distributor, or \n health care provider intentionally or with \n willful disregard violated a provision of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 301 et seq.) or this Act and such violation--\n ``(I) caused the product to present \n a significant risk to health; and\n ``(II) proximately caused the \n injury alleged by the petitioner.\n ``(ii) Notice and hearing.--Prior to the \n Secretary's making a determination under clause \n (i), the manufacturer, distributor, dispenser, \n or health care provider shall have notice and a \n right to a formal hearing in accordance with \n section 556 of title 5, United States Code.\n ``(iii) Judicial review.--At any time prior \n to the 90th day following a determination by \n the Secretary under clause (i) of this \n subparagraph, any manufacturer, distributor, or \n health care provider who will be adversely \n affected by such determination may file a \n petition with the United States Court of \n Appeals for the circuit wherein such person \n resides or has his principal place of business, \n for a judicial review of such determination. A \n copy of the petition shall be forthwith \n transmitted by the clerk of the court to the \n Secretary or other officer designated by the \n Secretary for that purpose. The Secretary \n thereupon shall file in the court the record of \n the findings on which the Secretary based his \n or her determination. The filing of a petition \n under this clause shall automatically stay the \n Secretary's determination for the duration of \n the judicial proceeding. The sole parties to \n the judicial proceeding shall be the Secretary \n and the petitioner. Intervention by third \n parties in the judicial proceeding shall not be \n permitted. No subpoenas shall be issued nor \n shall other compulsory process apply. The \n court's review of a determination by the \n Secretary under this clause shall conform to \n the procedures for judicial review of \n administrative orders set forth in paragraphs \n (2) through (6) of section 371(f) of title 21, \n United States Code, to the extent consistent \n with this section.\n ``(E) Scope.--The presumption under subparagraph \n (A) shall apply regardless of whether the claim against \n the United States arises from the design, development, \n clinical testing and investigation, manufacture, \n labeling, distribution, sale, purchase, donation, \n dispensing, administration, or use by the Federal \n Government or by non-Federal Government customers.\n ``(F) Designation.--In any declaration of a public \n health emergency under section 319, the Secretary shall \n identify the pandemic, epidemic, or biological, \n chemical, nuclear agent, or toxin that presents, or may \n present, a public health emergency and shall designate \n the security countermeasure(s) or qualified pandemic or \n epidemic product(s) to be sold by, purchased from, or \n donated by a manufacturer or drawn from the National \n Strategic Stockpile and shall specify in such \n designation the beginning and ending dates of such \n sale, purchase, donation, or use from the stockpile. \n The period so defined shall be the effective period of \n such qualification for any products specified in the \n designation. The declaration shall subsequently be \n amended to reflect any additional sale, purchase, or \n donation of products specified in the designation.\n ``(c) Definitions.--In this section:\n ``(1) Health care provider.--The term `health care \n provider' means a person, including a volunteer, who lawfully \n prescribes, administers, dispenses, or provides a facility to \n administer a security countermeasure or a qualified pandemic or \n epidemic product, including persons who prescribe, administer, \n or provide a facility to administer in accordance with a \n designation under subsection (b)(2)(F).\n ``(2) Loss.--The term `loss' means death, bodily injury, or \n loss of or damage to property, including business interruption \n loss.\n ``(3) Non-federal government customers.--The term `non-\n Federal Government customers' means any customer of a \n manufacturer that is not an agency or instrumentality for the \n United States Government with authority under Public Law 85-804 \n to provide for indemnification under certain circumstances for \n third-party claims against its contractors, including a State, \n a local authority, a private entity, a health care provider, or \n an individual.\n ``(4) Qualified pandemic or epidemic product.--The term \n `qualified pandemic or epidemic product' means a drug (as such \n term is defined in section 201(g)(1) of the Federal Food, Drug, \n and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as \n such term is defined by section 351(i) of this Act) or device \n (as such term is defined by section 201(h) of the Federal food, \n Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed, \n modified, or procured to diagnose, mitigate, prevent, treat, or \n cure a pandemic or epidemic or limit the harm such pandemic or \n epidemic might otherwise cause or a serious or life-threatening \n disease or condition caused by such a product, that--\n ``(A) is approved or cleared under chapter V of the \n Federal Food, Drug, and Cosmetic Act or licensed under \n section 351 of this Act;\n ``(B) is a product for which the Secretary \n determines that sufficient and satisfactory clinical \n experience or research data (including data, if \n available, from pre-clinical and clinical trials) \n support a reasonable conclusion that the countermeasure \n will qualify for approval or licensing within 8 years \n after the date the Secretary declares a public health \n emergency as described in paragraph (1) or (2) of \n section 319(a); or\n ``(C) is authorized by the Secretary under this \n section, except that the Secretary may authorize under \n this section the emergency use of a product only if, \n after consultation with the Director of the National \n Institutes of Health and the Director of the Centers \n for Disease Control and Prevention (to the extent \n feasible and appropriate given the circumstances of the \n emergency involved), the Secretary concludes--\n ``(i) that an agent or toxin identified in \n a declaration described under subsection (b) \n can cause a serious or life-threatening disease \n or condition;\n ``(ii) that, based on the totality of the \n scientific evidence available to the Secretary, \n including data from adequate and well-\n controlled clinical trials, if available, it is \n reasonable to believe that--\n ``(I) the product may be effective \n in diagnosing, mitigating, preventing, \n treating or curing--\n ``(aa) a pandemic or \n epidemic; or\n ``(bb) a serious or life-\n threatening disease or \n condition caused by a product; \n and\n ``(II) the known and potential \n benefits of the product, when used to \n diagnose, mitigate, prevent, treat or \n cure such disease or condition, \n outweigh the known and potential risks \n of the product;\n ``(iii) that there is no adequate, \n approved, and available alternative to the \n product for diagnosing, mitigating, preventing, \n treating or curing such disease or condition; \n and\n ``(iv) that such other criteria as the \n Secretary may by regulation prescribe are \n satisfied.\n ``(5) Security countermeasure.--The term `security \n countermeasure' has the meaning given such term in section \n 319F-2(c)(1)(B).''.\n\nSEC. 3. TECHNICAL AMENDMENT.\n\n Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d \n(a)(1)) is amended by inserting ``, or may present,'' after \n``present''.","summary":"Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure. Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the US District Court for the District of Columbia. Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile. (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services. Or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency. Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation. Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk, and (2) proximately caused the injury alleged by the petitioner.","title":"A bill to amend the Public Health Service Act to provide protections for first responders.","text_len":17411,"sum_len":1664} {"bill_id":"113_hr5521","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Urban Flooding Awareness Act of \n2014''.\n\nSEC. 2. URBAN FLOODING DEFINED.\n\n (a) In General.--In this Act, the term ``urban flooding'' means the \ninundation of property in a built environment, particularly in more \ndensely populated areas, caused by rain falling on increased amounts of \nimpervious surface and overwhelming the capacity of drainage systems, \nsuch as storm sewers.\n (b) Inclusions.--In this Act, the term ``urban flooding'' \nincludes--\n (1) situations in which stormwater enters buildings through \n windows, doors, or other openings;\n (2) water backup through sewer pipes, showers, toilets, \n sinks, and floor drains;\n (3) seepage through walls and floors;\n (4) the accumulation of water on property or public rights-\n of-way; and\n (5) the overflow from water bodies, such as rivers and \n lakes.\n (c) Exclusion.--In this Act, the term ``urban flooding'' does not \ninclude flooding in undeveloped or agricultural areas.\n\nSEC. 3. URBAN FLOODING STUDY.\n\n (a) Agreement With National Research Council.--The Administrator of \nthe Federal Emergency Management Agency shall enter into an agreement \nwith the National Research Council under which the National Research \nCouncil will conduct a study on urban flooding in accordance with the \nrequirements of this section.\n (b) Contents.--\n (1) General review and evaluation.--In conducting the \n study, the National Research Council shall review and evaluate \n the latest available research, laws, regulations, policies, \n best practices, procedures, and institutional knowledge \n regarding urban flooding.\n (2) Specific issue areas.--The study shall include, at a \n minimum, an examination of the following:\n (A) The prevalence and costs associated with urban \n flooding events across the United States, with a focus \n on the largest metropolitan areas and any clear trends \n in frequency and severity over the past 2 decades.\n (B) The adequacy of existing federally provided \n flood risk information and the most cost-effective \n methods and products to identify, map, or otherwise \n characterize the risk of property damage from urban \n flooding on a property-by-property basis, whether or \n not a property is in or adjacent to a 1-percent (100-\n year) flood plain, and the potential for training and \n certifying local experts in flood risk characterization \n as a service to property purchasers and owners and \n their communities.\n (C) The causes of urban flooding and its apparent \n increase over the past 20 years, including the impacts \n of--\n (i) global climate change;\n (ii) increasing urbanization and the \n associated increase in impervious surfaces; and\n (iii) undersized, deteriorating and \n otherwise ineffective stormwater \n infrastructure.\n (D) The most cost-effective strategies, practices, \n and technologies used to reduce the impacts of urban \n flooding, with a focus on decentralized, easy-to-\n install, and low-cost approaches, such as nonstructural \n and natural infrastructure on public and private \n property. The examination under this subparagraph shall \n include an assessment of opportunities for implementing \n innovative strategies and practices on government-\n controlled land, such as Federal, State, and local \n roads, parking lots, alleys, sidewalks, buildings, \n recreational areas, and open space.\n (E) The role of the Federal Government and State \n governments, as conveners, funders, and advocates, in \n spurring market innovations based on public-private-\n nonprofit partnerships. Such innovations may include \n smart home technologies for improved flood warning \n systems connected to high-resolution weather forecast \n data and Internet- and cellular-based communications \n systems.\n (F) The most sustainable and effective methods for \n funding flood risk and flood damage reduction at all \n levels of government, including--\n (i) the potential for establishing a State \n revolving fund program for flood prevention \n projects similar to the revolving fund programs \n under the Federal Water Pollution Control Act \n and the Safe Drinking Water Act;\n (ii) stormwater fee programs using \n impervious surface as the basis for fee rates \n and providing credits for the installation of \n flood prevention or other stormwater management \n features;\n (iii) grant programs; and\n (iv) public-private partnerships.\n (G) Information and education strategies and \n practices, including nontraditional approaches such as \n the use of social media, for community leaders, \n government staff, and property owners on--\n (i) flood risks;\n (ii) flood risk reduction strategies and \n practices; and\n (iii) the availability and effectiveness of \n different types of flood insurance policies.\n (H) The relevance of the National Flood Insurance \n Program and Community Rating System to urban flooding \n areas outside traditional flood plains, and strategies \n for broadening coverage and increasing participation \n under the programs.\n (I) Strategies for protecting downstream \n communities from the flooding impacts of development in \n upstream communities, including a review of--\n (i) potential standards for watershed-wide \n flood protection planning; and\n (ii) the potential establishment of \n streamlined legal processes for victims of \n flood damage, to avoid the need for expensive \n litigation.\n (c) Consultation.--The Administrator of the Federal Emergency \nManagement Agency shall carry out this section in consultation with the \nSecretary of the Army (acting through the Chief of Engineers), the \nSecretary of Housing and Urban Development, the Administrator of the \nEnvironmental Protection Agency, and State, regional, and local \nstormwater management agencies, and such other interested parties as \nthe Administrator of the Federal Emergency Management Agency considers \nappropriate.\n (d) Report to Congress.--Not later than 3 years after the date of \nenactment of this Act, the Administrator of the Federal Emergency \nManagement Agency shall submit to the Committee on Financial Services \nand the Committee on Appropriations of the House of Representatives and \nthe Committee on Banking, Housing, and Urban Affairs and the Committee \non Appropriations of the Senate a report containing the findings of the \nNational Research Council based on the results of the study, including \nrecommendations for implementation of strategies, practices, and \ntechnologies relating to urban flooding by Congress and the executive \nbranch.","summary":"Urban Flooding Awareness Act of 2014 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Research Council to conduct a study on urban flooding. Defines quot, urban floodingquot. As the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Directs the Council to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the Council's study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades. The adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis. The potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners. The causes of urban flooding and its apparent increase over the past 20 years. The most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding. The role of the federal government and state governments in spurring market innovations based on public-private-nonprofit partnerships. The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government. The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for broadening coverage and increasing participation under the Program. And strategies for protecting downstream communities from the flooding impacts of development in upstream communities.","title":"Urban Flooding Awareness Act of 2014","text_len":8153,"sum_len":2022} {"bill_id":"112_s3476","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improving Access to Child Care for \nHomeless Families Act of 2012''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--Congress makes the following findings:\n (1) Child and youth homelessness has increased by 38 \n percent during the period since 2006, and Head Start programs \n have registered a 44 percent increase in the number of homeless \n children served over that same period.\n (2) Among homeless children living in shelters supported by \n the Department of Housing and Urban Development, 50 percent are \n under 5 years old.\n (3) A 2010 study by the Eunice Kennedy Shriver National \n Institute of Child Health and Human Development found that \n children who had received high-quality care in the first few \n years of life scored higher on measures of academic and \n cognitive achievement when the children were 19 years old, and \n were less likely to misbehave, than children who had been \n enrolled in low-quality care in those years.\n (4) Homelessness has a negative impact on child development \n that surpasses the harmful impacts of poverty. A Head Start \n demonstration project serving homeless families indicated that \n the homeless children served had more instances of \n developmental delay, learning disabilities, and physical or \n mental health problems, compared with their low-income peers in \n stable housing.\n (5) For homeless families, residential instability, high \n mobility, documentation requirements, and lack of \n transportation are significant obstacles to accessing and \n retaining child care services.\n (6) According to a study by the Institute for Children, \n Poverty, and Homelessness, homeless families are less likely to \n receive government financial assistance for child care than \n families that are not homeless.\n (7) Without child care, homeless parents of young children \n struggle to search for employment, maintain employment, and \n enter job training programs.\n (8) Many parents who are domestic violence survivors who \n flee their homes try to find employment, but the parents are \n often limited by a lack of child care. In a survey of nearly \n 1,500 domestic violence survivors in domestic violence \n shelters, 29 percent indicated that they needed help with child \n care.\n (b) Sense of Congress.--It is the sense of Congress that--\n (1)(A) Congress has enacted successful policies to increase \n homeless children's access to and stability in public \n elementary and secondary schools and Head Start programs; and\n (B) in order to increase homeless families' access to and \n continuity in child care, similar policies should be applied to \n Federal child care programs; and\n (2) such policies will assist homeless parents in \n maintaining employment and regaining housing, and will provide \n critical interventions to support that vulnerable population of \n children.\n\nSEC. 3. PURPOSE.\n\n The purpose of this Act is to ensure access to high-quality child \ncare for homeless children and families.\n\nSEC. 4. CHILD CARE FOR HOMELESS CHILDREN.\n\n (a) Lead Agency Duties.--Section 658D(b)(1)(D) of the Child Care \nand Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is \namended by striking ``Federal, State and local child care and early \nchildhood development programs.'' and inserting ``Federal, State, and \nlocal child care, early childhood development, and social service \nprograms that shall include--\n ``(1) Head Start and Early Head Start programs under the \n Head Start Act (42 U.S.C. 9831 et seq.);\n ``(2) programs, and services of partners, that serve \n vulnerable populations, including programs serving homeless \n children and services of local educational agency liaisons for \n homeless children and youths designated under subsection \n (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless \n Assistance Act (42 U.S.C. 11432); and\n ``(3) programs, and services of entities receiving grants, \n to provide to homeless veterans services authorized under \n chapter 20 of title 38, United States Code, consisting of \n housing, employment-related services (such as services under \n section 2021 or 2021A of such title), or supportive services \n (such as services authorized under section 2044 of such \n title).''.\n (b) Plan Requirements.--Section 658E(c) of the Child Care and \nDevelopment Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--\n (1) in paragraph (2)--\n (A) in subparagraph (D), by inserting ``, Head \n Start and Early Head Start agencies under the Head \n Start Act (42 U.S.C. 9831 et seq.), State Coordinators \n designated under subsection (d)(3), and local \n educational agency liaisons for homeless children and \n youths designated under subsection (g)(1)(J)(ii), of \n section 722 of the McKinney-Vento Homeless Assistance \n Act (42 U.S.C. 11432), local educational agencies and \n providers of early intervention services under the \n Individuals with Disabilities Education Act (20 U.S.C. \n 1400 et seq.),'' after ``children'';\n (B) in subparagraph (F)(i), by striking the \n semicolon and inserting ``and the establishment of a \n grace period that allows homeless children to receive \n services under this subchapter while their families are \n taking any necessary action to comply with immunization \n and other health and safety requirements;''; and\n (C) in subparagraph (H)--\n (i) by striking ``and families'' and \n inserting ``families''; and\n (ii) by inserting ``, and families of \n homeless children'' before the period;\n (2) in paragraph (3)(B)--\n (A) by inserting ``activities that improve access \n to such services (including transportation to child \n care services, procedures to permit immediate \n enrollment of homeless children while required \n documentation is obtained, training and technical \n assistance on identifying and serving homeless children \n and their families, and specific outreach to families \n described in paragraph (2)(H)),'' after ``availability \n of such services,''; and\n (B) by inserting ``, to homeless children,'' after \n ``family size)''; and\n (3) in paragraph (5), by adding at the end the following: \n ``Each sliding fee scale shall be applied using measures to \n ensure that cost sharing is not a barrier to the enrollment of \n families of homeless children.''.\n (c) Access and Outreach to Families of Homeless Children.--Section \n658G of the Child Care and Development Block Grant Act of 1990 (42 \nU.S.C. 9858e) is amended--\n (1) by inserting ``(such as resource and referral \n services)'' after ``and activities''; and\n (2) by striking ``(such as resource and referral \n services).'' and inserting ``, including developing strategies \n and partnerships to provide transportation to child care \n services and specific outreach to families described in section \n 658E(c)(2)(H)).'' after ``availability of child care''.\n (d) Reports.--Section 658K(a)(1)(B) of the Child Care and \nDevelopment Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is \namended--\n (1) in clause (ix), by striking ``and'' at the end;\n (2) in clause (x), by adding ``and'' at the end; and\n (3) by inserting after clause (x) the following:\n ``(xi) whether the children receiving \n assistance under this subchapter are homeless \n children;''.\n\nSEC. 5. PILOT PROGRAM.\n\n (a) Redesignation.--Section 658L of the Child Care and Development \nBlock Grant Act of 1990 (42 U.S.C. 9858j) is amended--\n (1) by striking the section heading;\n (2) by inserting ``(c) Report by Secretary.--'' before \n ``Not later'';\n (3) by striking ``section 658K'' and inserting ``this \n section''; and\n (4) by moving subsection (c) (as redesignated by paragraph \n (2)) to the end of section 658K.\n (b) Establishment of Program.--The Child Care and Development Block \nGrant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting \nafter section 658K (42 U.S.C. 9858i), as amended by subsection (a), the \nfollowing:\n\n``SEC. 658L. PILOT PROGRAM.\n\n ``(a) In General.--The Secretary shall carry out a pilot program to \nidentify and implement best practices for increasing access to and \ncontinuity of child care for homeless children.\n ``(b) Grants.--In carrying out the pilot program, the Secretary \nshall award to States not more than 5 grants of not more than \n$5,000,000 per grant. Each grant shall be for a period of not more than \n3 years, beginning not later than March 31, 2013.\n ``(c) Application.--In order to be eligible to receive a grant \nunder this section, a State shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary shall require.\n ``(d) Use of Funds.--A State that receives a grant under this \nsection shall use the funds made available under the grant--\n ``(1) to establish a pilot project for--\n ``(A) implementing promising practices for \n increasing access to and continuity of child care for \n homeless children; and\n ``(B) identifying the best practices; and\n ``(2) to carry out subsection (e)(1).\n ``(e) Assessments and Reports.--\n ``(1) State responsibilities.--\n ``(A) Assessment.--A State that receives a grant \n under this section shall carry out data collection for \n and an assessment of its pilot project described in \n subsection (d)(1).\n ``(B) Report to the secretary.--Not later than 42 \n months after the first day of the grant period for a \n pilot project described in subsection (d)(1), the State \n carrying out the pilot project shall submit to the \n Secretary a report containing a summary of the results \n of the assessment described in subparagraph (A), \n including a description of the best practices \n identified.\n ``(2) Secretarial responsibilities.--Not later than 4 years \n after the first day of the latest grant period for a pilot \n project, the Secretary shall submit to Congress a report \n containing a summary of the reports received under paragraph \n (1) and a recommendation concerning whether and how to expand \n the pilot projects carried out with best practices.\n ``(f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2013 through 2015, which shall remain \navailable through fiscal year 2017.''.\n\nSEC. 6. DEFINITIONS.\n\n Section 658P of the Child Care and Development Block Grant Act of \n1990 (42 U.S.C. 9858n) is amended--\n (1) in paragraph (4)(C)--\n (A) in clause (i), by striking ``or'' at the end;\n (B) in clause (ii), by striking the period and \n inserting ``; or''; and\n (C) by adding at the end the following:\n ``(iii) is a homeless child.''; and\n (2) by adding at the end the following:\n ``(15) Homeless child.--The term `homeless child' means a \n homeless child or youth, as defined under section 725 of the \n McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.","summary":"Improving Access to Child Care for Homeless Families Act of 2012 - Expresses the sense of Congress that: (1) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start Programs. (2) in order to increase homeless families' access to and continuity in care, similar policies should be applied to federal child care programs. And (3) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. Amends the Child Care and Development Block Grant Act of 1990 to require the lead agency to coordinate the provision of services under such Act with social services programs that include: (1) Head Start and Early Head Start programs under the Head Start Act, (2) programs and services of partners that serve vulnerable populations. And (3) programs and services of entities receiving grants to provide homeless veterans with housing, employment-related services, or supportive services. Revises state plan requirements to require consideration of homeless children in the use of funds for child care services and activities. Requires the Secretary of Health and Human Services (HHS) to carry out a pilot program of grants to states to identify and implement best practices for increasing access to and continuity of child care for homeless children.","title":"A bill to amend the Child Care and Development Block Grant Act of 1990 to ensure access to high-quality child care for homeless children and families, and for other purposes.","text_len":12620,"sum_len":1459} {"bill_id":"111_hr3495","text":"SECTION 1. SHORT TITLE; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Preserving \nEquitable Access to Community-based Home Health (PEACH) Act of 2009''.\n (b) Purpose.--It is the purpose of this Act to preserve access to \nhome health services for all Americans, regardless of their ability to \npay or their severity of illness.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The Medicare home health benefit is vulnerable to \n agency selection of the most profitable beneficiaries and \n avoidance of the most complex and costly beneficiaries.\n (2) Such ``cherry picking'' by some home health agencies \n compromises access to care for the most complex, highest risk \n beneficiaries.\n (3) The Government Accountability Office has reported that \n hospital discharge planners have difficulty placing more than \n 10 percent of eligible patients in home health due to their \n extensive care needs.\n (4) Proposals to reduce Medicare payments to home health \n agencies (in response to large aggregate margins across all \n home health agencies) may undermine the financial viability of \n mission-driven and non-profit home health agencies, which often \n have low to negative margins, while allowing high-margin \n agencies to remain in operation.\n\nSEC. 3. SUPPLEMENTAL PAYMENTS FOR PEACH AGENCIES.\n\n (a) In General.--There shall be established a fund (to be known as \nthe ``PEACH fund'') from which home health agencies meeting specified \ncriteria shall be paid supplemental amounts in addition to their \nstatutory payment amounts under title XVIII of the Social Security Act. \nIs this to be a trust fund? Where is this fund to be established? Who \nadminsters it? What are the sources of funding that goes into the fund? \nWhat are the allowed uses of such funding?\n (b) Peach Program.--Title XVIII of the Social Security Act is \namended by inserting after section 1895 the following new section:\n\n ``supplemental payments for peach agencies\n\n ``Sec. 1895A. (a) Designation.--\n ``(1) In general.--The Secretary shall designate as a \n `PEACH agency' any home health agency that meets the criteria \n under paragraph (2).\n ``(2) Criteria.--The Secretary may not designate a home \n health agency as a PEACH agency unless the home health agency \n meets the following criteria:\n ``(A) The home health agency is certified for \n participation under this title.\n ``(B) The home health agency offers--\n ``(i) the complete range of home health \n services as defined under section 1861(m) of \n this title;\n ``(ii) the complete range of home health \n services on a 24 hours per day, 7 days per week \n on-call basis; and\n ``(iii) its services to all eligible \n beneficiaries or enrollees under this title \n and\/or title XIX, and uninsured individuals up \n to its service capacity, regardless of their \n ability to pay or the complexity or intensity \n of care they require.\n ``(C) The home health agency provides charity care \n in an amount greater than or equal to 1 percent of its \n total revenue.\n ``(D) The home health agency agrees that the \n Secretary may, by statistical or other means, verify on \n an annual basis that the agency meets the criteria \n defined in this paragraph, and that the agency will be \n subject to disqualification from the PEACH program if \n such criteria are not met.\n ``(b) Supplemental Payments.--\n ``(1) In general.--Subject to the availability of funds \n under subsection (c), the Secretary shall make supplemental \n payments to PEACH agencies based on information submitted by \n the agency on an additional schedule in the Medicare cost \n report.\n ``(2) Cost reporting.--The Secretary shall implement an \n additional schedule, as a component of the cost reporting \n process, on which home health agencies may report information \n the Secretary deems necessary for designation and payment as a \n PEACH agency.\n ``(3) Amount and timing for first year as peach agency.--\n ``(A) The supplemental payment made to a home \n health agency for the first year in which such agency \n is designated a PEACH agency under this section shall \n be equal to its shortfall in that year, defined as the \n sum of--\n ``(i) the aggregate reasonable cost of home \n health services delivered under parts A and B \n of this title by the PEACH agency for such \n year, less the aggregate payments received by \n the PEACH agency pursuant to section 1895;\n ``(ii) the aggregate actual costs of home \n health and home and community based services \n delivered by the agency under sections \n 1905(a)(7), 1905(a)(22), and 1915(c) through \n (e) of title XIX for such year, less the \n aggregate payments received by the PEACH agency \n for such services under that title; and\n ``(iii) the aggregate cost of uncompensated \n home health services delivered by the PEACH \n agency for such year.\n ``(B) The supplemental payment under subparagraph \n (A) shall be paid within 90 days of receipt of the \n annual cost report by the Secretary.\n ``(4) Amount and timing for subsequent years.--For each \n year after the first year in which a home health agency is \n designated a PEACH agency, a PEACH agency shall receive interim \n supplemental payments based on--\n ``(A) the intervals at which the agency submits \n cost reports; and\n ``(B) the estimated shortfall, as defined in \n subparagraph (3)(A), for the year or interval in \n question.\n ``(c) Funding.--Supplemental payments under this section shall be--\n ``(1) paid from the PEACH fund, which shall be capped at \n $500,000,000 annually and shall be administered by the \n Secretary; and\n ``(2) paid to PEACH agencies--\n ``(A) pursuant to subsection (b); or\n ``(B) if the PEACH fund is insufficient to cover \n all the supplemental payments that should be paid under \n subsection (b), in proportion to each agency's \n shortfall relative to the aggregate shortfall of all \n PEACH agencies for the year in question.\n In any year in which the Secretary determines that the PEACH \n fund will not cover the aggregate estimated shortfall of all \n PEACH agencies, the Secretary shall make a preliminary \n supplemental payment to each PEACH agency within 90 days of \n receipt of its annual cost report and, if funds remain, an \n additional supplemental payment after all PEACH agency cost \n reports have been received.\n ``(d) Definitions.--For purposes of this section--\n ``(1) the term `charity care' means home health services \n that are provided to an individual who is--\n ``(A) not eligible for payment under this title, \n under title XIX, or by any other third-party payer; and\n ``(B) unable to pay any portion of the full cost of \n care, including any amount subsidized or otherwise \n discounted due to an individual's inability to pay; and\n ``(2) the term `uncompensated care' means home health \n services provided to an individual by a home health agency with \n the knowledge that the individual will be financially unable to \n pay for the services.''.\n (c) Conforming Amendment.--Section 1895(a) of the Social Security \nAct is amended by inserting before the period at the end the following: \n``and the provisions of section 1895A''.\n\nSEC. 4. REGULATIONS.\n\n The Secretary shall issue such regulations as are necessary and \nappropriate for the implementation of the provisions of this Act.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized for appropriation $500,000,000 for each fiscal \nyear beginning with fiscal year 2010 for purposes of carrying out the \npurposes of this Act. Is there anything this funds other than the PEACH \nfund? Should this go into the provision creating that fund?","summary":"Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009 - Establishes the PEACH fund from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII (Medicare) of the Social Security Act (SSA). Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS) to make supplemental payments to certain community-based home health agencies that the Secretary has designated as PEACH agencies for estimated shortfalls due to providing uncompensated care.","title":"To amend title XVIII of the Social Security Act to ensure access to quality home health services for all Americans, and for other purposes.","text_len":9265,"sum_len":585} {"bill_id":"109_hr6262","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Special Agent Scott K. Carey Public \nSafety Officer Benefits Enhancement Act''.\n\n TITLE I--EDUCATIONAL ASSISTANCE TO OFFICERS DISABLED IN THE LINE OF \n DUTY\n\nSEC. 101. BASIC ELIGIBILITY.\n\n Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets \nAct of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--\n (1) by striking ``a dependent'' and inserting ``an eligible \n dependent''; and\n (2) by striking ``education'' and all that follows through \n the period at the end and inserting ``education.''.\n\nSEC. 102. APPLICATIONS; APPROVAL.\n\n Section 1213 of the Omnibus Crime Control and Safe Streets Act of \n1968 (42 U.S.C. 3796d-2) is amended--\n (1) in subsection (b)--\n (A) by striking ``the dependent'' each place it \n appears and inserting ``the applicant''; and\n (B) by striking ``the dependent's'' each place it \n appears and inserting ``the applicant's''; and\n (2) in subsection (c), by striking ``a dependent'' and \n inserting ``an applicant''.\n\nSEC. 103. RETROACTIVE BENEFITS.\n\n Section 1216(a) of the Omnibus Crime Control and Safe Streets Act \nof 1968 (42 U.S.C. 3796d-5(a)) is amended to read as follows:\n ``(a) Retroactive Eligibility.--Notwithstanding any other provision \nof law, but subject to the limitations of this subpart, an eligible \ndependent of a public safety officer shall be eligible for assistance \nunder this subpart if such an officer--\n ``(1) dies in the line of duty on or after January 1, 1978; \n or\n ``(2) becomes permanently and totally disabled as the \n direct result of a catastrophic injury sustained in the line of \n duty on or after January 1, 1978.''.\n\nSEC. 104. DEFINITIONS.\n\n Section 1217 of the Omnibus Crime Control and Safe Streets Act of \n1968 (42 U.S.C. 3796d-6) is amended by adding at the end the following \nnew paragraphs:\n ``(4) The term `eligible dependent' means--\n ``(A) any public safety officer who is eligible to \n receive benefits under section 1201(b);\n ``(B) the child of any public safety officer who is \n described in section 1201(a), or who is eligible to \n receive benefits under section 1201(b); and\n ``(C) the spouse of any public safety officer \n described in subparagraph (B) at the time of such \n officer's death or on the date of such officer's \n totally and permanently disabling injury.\n ``(5) The term `public safety officer' includes--\n ``(A) any public safety officer described in \n paragraph (9) of section 1204; and\n ``(B) any other individual who is employed by any \n Federal, State, county, or local agency and, as a \n result of such employment, is--\n ``(i) empowered by law to conduct an \n investigation of or to make an arrest for a \n felony offense; or\n ``(ii) authorized by law to prosecute or \n participate in the prosecution of a felony \n offense.''.\n\n TITLE II--SURVIVOR PENSIONS\n\nSEC. 201. SURVIVOR PENSIONS.\n\n Part L of the Omnibus Crime Control and Safe Streets Act of 1968 is \nfurther amended by adding after section 1218 (42 U.S.C. 3796d-7) the \nfollowing new subpart:\n\n ``Subpart 3--Survivor Pensions\n\n``SEC. 1221. SURVIVOR PENSIONS ESTABLISHED.\n\n ``In any case in which the Bureau is required to pay a benefit \nunder section 1201(a), the Bureau shall also pay an annual pension to \none or more survivors of the deceased public safety officer in \naccordance with this subpart.\n\n``SEC. 1222. PAYMENTS TO BENEFICIARIES.\n\n ``(a) Beneficiaries Determined.--An annual pension under this \nsubpart shall be paid to one or more survivors of the deceased public \nsafety officer as follows:\n ``(1) If there is a surviving spouse of such officer, a \n pension equal to 80 percent of the applicable amount under \n section 1223(a), paid to the surviving spouse.\n ``(2) If there is no surviving spouse, but--\n ``(A) there is one surviving child of such officer, \n a pension equal to 20 percent of the applicable amount \n under section 1223(a), paid to that surviving child;\n ``(B) there are two surviving children of such \n officer, a pension equal to 35 percent of the \n applicable amount under section 1223(a), paid to the \n children in equal shares;\n ``(C) there are three surviving children of such \n officer, a pension equal to 50 percent of the \n applicable amount under section 1223(a), paid to the \n children in equal shares; or\n ``(D) there are four or more surviving children of \n such officer, a pension equal to 60 percent of the \n applicable amount under section 1223(a), paid to the \n children in equal shares.\n ``(3) If there is no surviving spouse or surviving child, \n but--\n ``(A) there is one surviving parent of such \n officer, a pension equal to 20 percent of the \n applicable amount under section 1223(a), paid to that \n parent; or\n ``(B) there are two surviving parents of such \n officer, a pension equal to 40 percent of the \n applicable amount under section 1223(a), paid to the \n parents in equal shares.\n ``(4) If none of the above, a pension equal to 20 percent \n of the applicable amount under section 1223(a), paid--\n ``(A) in the case of a claim made on or after the \n date that is 90 days after the date of the enactment of \n this subparagraph, to the individual designated by such \n officer as beneficiary under this subpart in the \n officer's most recently executed designation of \n beneficiary on file at the time of death with such \n officer's public safety agency, organization, or unit, \n provided that such individual survived such officer; or\n ``(B) if there is no individual qualifying under \n subparagraph (A), to the individual designated by such \n officer as beneficiary under such officer's most \n recently executed life insurance policy on file at the \n time of death with such officer's public safety agency, \n organization, or unit, provided that such individual \n survived such officer.\n ``(b) Payable for Lifetime.--An annual pension or share of a \npension under this section shall be paid for the lifetime of the \nbeneficiary, without regard to the marital status or any other status \nof the beneficiary.\n\n``SEC. 1223. PENSION AMOUNT.\n\n ``(a) Amount Used to Determine Annual Pension.--The amount used to \ndetermine the amount of an annual pension under this subpart shall be \nthe greater of the following:\n ``(1) The annual base salary of the officer at the time of \n the officer's death, adjusted in accordance with subsection \n (b).\n ``(2) $60,000, adjusted in accordance with subsection (b).\n ``(b) Cost of Living Adjustments.--On October 1 of each fiscal year \nbeginning after the effective date of this subpart, the Bureau shall \nadjust the amounts used to determine the amount of an annual pension \nunder this subpart immediately before such October 1 under subsection \n(a), to reflect the annual percentage change in the Consumer Price \nIndex for All Urban Consumers, published by the Bureau of Labor \nStatistics, occurring in the 1-year period ending on June 1 immediately \npreceding such October 1.\n\n``SEC. 1224. DEFINITION.\n\n ``Notwithstanding paragraph (3) of section 1204, for the purposes \nof this subpart the term `child' means any natural, illegitimate, \nadopted, or posthumous child or stepchild of a deceased public safety \nofficer.''.\n\n TITLE III--PUBLIC SAFETY OFFICER SCHOLARSHIPS\n\nSEC. 301. PUBLIC SAFETY OFFICER SCHOLARSHIPS.\n\n (a) In General.--\n (1) Scholarship awards.--The Secretary of Education is \n authorized to award a Public Safety Officer scholarship, in \n accordance with this title, to--\n (A) any eligible applicant who is attending, or who \n has been accepted for attendance at, any eligible \n institution providing instruction for one or more \n grades of kindergarten, elementary school, or secondary \n school; and\n (B) any eligible applicant who is enrolled, or has \n been accepted for enrollment, as a full-time or part-\n time postsecondary student in any eligible institution \n providing a degree-granting program for one or more \n postsecondary degrees.\n (2) Application.--To receive a scholarship award under this \n title, an eligible applicant shall submit an application to the \n Secretary at such time, in such manner, and containing such \n information as the Secretary may require. Such an application \n shall be accompanied by a certification from the head of the \n public safety agency, organization, or unit that employed the \n public safety officer by reason of whom the applicant is \n claiming eligibility, certifying that such officer is a \n deceased or disabled officer, as defined in paragraph (1) of \n section 305.\n (b) Maximum Award.--\n (1) Elementary and secondary awards.--For any academic \n year, the maximum amount of a scholarship award under this \n section for a kindergarten, elementary school, or secondary \n school student shall not exceed the lesser of the following:\n (A) The average per pupil expenditure for \n elementary and secondary education of the local \n educational agency for the geographic area in which the \n eligible applicant resides.\n (B) The actual cost to the student for attendance \n at the school, including expenses such as tuition, \n fees, books, transportation costs, and other related \n expenses, as determined by the Secretary.\n (2) Postsecondary awards.--For any academic year, the \n maximum amount of a scholarship award under this section for a \n postsecondary student shall not exceed the lesser of the \n following:\n (A) The average cost of attendance (as defined in \n section 472 of the Higher Education Act of 1965 (20 \n U.S.C. 1087kk)), at a State university in the State in \n which the student resides, for a State resident \n carrying the same academic workload as the student, \n with the same number of dependents as the student, and \n residing in the same type of housing as the student.\n (B) The actual cost of attendance (as defined in \n section 472 of the Higher Education Act of 1965 (20 \n U.S.C. 1087kk)) of such student.\n (c) Award Period.--The maximum duration of each scholarship award \nunder this title--\n (1) for a kindergarten, elementary school, or secondary \n school student, shall be the period of time normally required \n for the completion of a high school diploma by a student in the \n grade that the recipient is in at the time the award commences, \n as determined by the Secretary; and\n (2) for a postsecondary student, shall be the lesser of--\n (A) the time actually required by the student to \n complete the course of study for which the student is \n receiving the scholarship award under this title;\n (B) 6 years, in the case of a student enrolled in \n undergraduate studies; or\n (C) 3 years, in the case of a student enrolled in \n postgraduate studies.\n (d) Notification.--The Secretary shall notify the applicant and the \neligible institution of the applicant's selection for receipt of a \nscholarship award under this title, and the conditions pertaining to \nscholarship award eligibility and continuance.\n (e) Fiscal Agent.--The Secretary shall, if practicable, use \neligible institutions as fiscal agents for the payment of scholarship \nawards.\n\nSEC. 302. ADDITIONAL AWARD REQUIREMENTS.\n\n A student awarded a scholarship under this title shall demonstrate \nto the satisfaction of the Secretary, as a condition for initial \nreceipt of such award and periodically thereafter as a condition for \nits continuation, that the student is--\n (1) maintaining satisfactory progress in the course of \n study the student is pursuing--\n (A) in the case of a kindergarten, elementary \n school, or secondary school student, as such \n satisfactory progress is determined by the Secretary; \n and\n (B) in the case of a postsecondary student, \n consistent with section 484(c) of the Higher Education \n Act of 1965;\n (2) committed to remaining drug-free; and\n (3) attending classes on a regular basis so as not to \n interfere with the normal course of studies, except for excused \n absence for vacation, illness, military service, or such other \n reason deemed good cause by the eligible institution or the \n Secretary.\n\nSEC. 303. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.\n\n For the purposes of this title, the Secretary is authorized to \nenter into agreements with eligible institutions in which any student \nreceiving a scholarship award under this title has enrolled or has been \naccepted for enrollment. Each such agreement shall provide--\n (1) that the institution shall cooperate with the Secretary \n in carrying out this title, including the provision of \n information necessary for a student to satisfy the requirements \n in section 302;\n (2) that the institution shall conduct a periodic review to \n determine whether students enrolled at the institution and \n receiving a scholarship award under this title continue to be \n eligible to receive such scholarship award, and shall notify \n the Secretary of the results of such reviews; and\n (3) for control and accounting procedures as may be \n necessary to assure proper disbursement and accounting of funds \n paid to the institution under section 301(e).\n\nSEC. 304. TREATMENT OF SCHOLARSHIPS FOR PURPOSES OF FINANCIAL AID.\n\n Notwithstanding any other provision of law, a scholarship award \nreceived under this title shall not be taken into account in \ndetermining the need or eligibility of a person for student financial \nassistance, or the amount of such assistance, under title IV of the \nHigher Education Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 305. DEFINITIONS.\n\n In this title:\n (1) Deceased or disabled officer.--The term ``deceased or \n disabled officer'' means a public safety officer with respect \n to whom the Bureau of Justice Assistance has determined, in \n accordance with section 1201 of the Omnibus Crime Control and \n Safe Streets Act of 1968 (42 U.S.C. 3796) and under regulations \n issued pursuant to part L of such Act, that such public safety \n officer--\n (A) has died as the direct and proximate result of \n a personal injury sustained in the line of duty; or\n (B) has become permanently and totally disabled as \n the direct result of a catastrophic injury sustained in \n the line of duty.\n (2) Dependent child.--The term ``dependent child'' means a \n child of a deceased or disabled officer, including a stepchild \n or an adopted child, who--\n (A) is living with or receiving regular support \n contributions from such deceased or disabled officer--\n (i) at the time of the officer's death; or\n (ii) at the time of the officer's totally \n and permanently disabling injury; and\n (B) at the start of the academic year for which a \n scholarship award is received, is 25 years of age or \n under.\n (3) Eligible applicant.--The term ``eligible applicant'' \n means a person residing in a State who is any of the following:\n (A) A public safety officer described in paragraph \n (1)(B).\n (B) An eligible spouse of a deceased or disabled \n officer.\n (C) A dependent child of a deceased or disabled \n officer.\n (4) Eligible institution.--The term ``eligible \n institution'' means any public or private kindergarten, \n elementary school, or secondary school as defined in section \n 7801 of the Elementary and Secondary Education Act of 1965, or \n any institution of higher education, as defined in section 102 \n of the Higher Education Act of 1965, that--\n (A) is located in a State; and\n (B) complies with the antidiscrimination provisions \n of section 601 of the Civil Rights Act of 1964 and does \n not discriminate on the basis of race.\n (5) Eligible spouse.--The term ``eligible spouse'' means an \n individual who is the legally married husband or wife of a \n deceased or disabled officer--\n (A) in the case of a deceased officer, at the time \n of the officer's death; or\n (B) in the case of a disabled officer, at the time \n of the officer's totally and permanently disabling \n injury, and at the time of the determination of \n eligibility for a scholarship award under this title.\n (6) Public safety officer.--The term ``public safety \n officer'' has the meaning given such term in section 1217 of \n the Omnibus Crime Control and Safe Streets Act of 1968 (42 \n U.S.C. 3796d-6), as added by section 104 of this Act.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Education.\n (8) State.--The term ``State'' means any State of the \n United States, the District of Columbia, the Commonwealth of \n Puerto Rico, and any territory or possession of the United \n States.\n\n TITLE IV--MISCELLANEOUS PROVISIONS\n\nSEC. 401. COMPENSATION IN CASE OF DEATH.\n\n Section 8133(b)(1) of title 5, United States Code, is amended by \nstriking ``or remarries before reaching age 55''.\n\nSEC. 402. BENEFITS DEFINITION CONFORMING AMENDMENT.\n\n Section 1204 of the Omnibus Crime Control and Safe Streets Act of \n1968 (42 U.S.C. 3796b) is amended by striking ``As used in this part--\n'' and inserting ``Except as otherwise expressly provided, as used in \nthis part--''","summary":"Special Agent Scott K. Carey Public Safety Officer Benefits Enhancement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend: (1) educational benefits to public safety officers who become permanently and totally disabled in the line of duty and to their spouses and children. (2) allow payment of retroactive benefits to dependents of such disabled officers. And (3) establish a program of pension payments for certain survivors of deceased public safety officers. Authorizes the Secretary of Education to: (1) award a Public Safety Officer scholarship to disabled public safety officers, their spouses, and their children. And (2) enter into agreements with educational institutions to carry out such scholarship program. Amends federal personnel law to allow widows or widowers of federal employees killed on the job to continue to receive monthly compensation even if they remarry before reaching age 55.","title":"To provide increased benefits for public safety officers disabled in the line of duty, and for the spouses and children of public safety officers killed or disabled in the line of duty, and for other purposes.","text_len":19989,"sum_len":932} {"bill_id":"107_hr4629","text":"SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO \n ENHANCE HOMELAND SECURITY.\n\n (a) Establishment of Program.--The Office of Federal Procurement \nPolicy Act (41 U.S.C. et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE \n HOMELAND SECURITY.\n\n ``(a) Establishment of Program.--The Administrator shall establish \nand promote a Governmentwide program to encourage and recognize \ncontractor innovation and excellence in facilitating the defense of the \nUnited States against, or recovery from, terrorism or nuclear, \nbiological, chemical, or radiological attack.\n ``(b) Issuance of Agency Announcements Seeking Innovative \nSolutions.--Under the program, the Administrator, in consultation with \nthe Director of the Office of Homeland Security, the Associate Director \nfor Information Technology and E-Government of the Office of Management \nand Budget, and the Secretaries of Defense, Energy, Commerce, \nTransportation, and the Treasury, shall issue agency announcements \nseeking unique and innovative solutions to advance the defense of the \nUnited States against, or recovery from, terrorism or nuclear, \nbiological, chemical, or radiological attack.\n ``(c) Multiagency Technical Assistance Team.--(1) The \nAdministrator, in consultation with the individuals described in \nsubsection (b), shall convene a multiagency technical assistance team \nto assist in screening proposals submitted to the Administrator to \nprovide unique and innovative solutions to advance the defense of the \nUnited States against, or recovery from, terrorism or nuclear, \nbiological, chemical, or radiological attack. The team shall be \ncomposed of employees of the participating agencies who have expertise \nin scientific and technical disciplines that would facilitate the \nassessment of the feasibility of the proposals.\n ``(2) The technical assistance team shall--\n ``(A) assess the feasibility, scientific and technical \n merits, and estimated cost of each proposal; and\n ``(B) submit each proposal, and the assessment of the \n proposal, to each executive agency whose mission most coincides \n with the subject matter of the proposal.\n ``(3) The technical assistance team shall not consider or evaluate \nproposals submitted in response to a solicitation for offers for a \npending procurement or for a specific agency requirement.\n ``(d) Monetary Awards for Innovative Solutions.--(1) Under the \nprogram carried out under this section, the Administrator shall provide \nmonetary awards in recognition of unique and innovative solutions with \nthe potential to significantly advance the defense of the United States \nagainst, or recovery from, terrorism or nuclear, biological, chemical, \nor radiological attack.\n ``(2) The Administrator shall use a competitive process to select \nrecipients of monetary awards under this subsection which shall include \nthe widely advertised solicitation (including the agency announcements \ndescribed in subsection (b)) of descriptive submissions on technology \ndevelopments and prototypes, the substance of which are not otherwise \navailable to the United States. The Administrator shall work with the \nmultiagency technical assistance team described in subsection (c) in \ncarrying out the competitive selection process.\n ``(3) An award made under this subsection may not exceed $20,000. \nThe total amount of awards made under this subsection in a fiscal year \nmay not exceed $500,000.\n ``(4) At least one quarter of the total amount awarded under this \nsubsection during a fiscal year shall be awarded to small business \nconcerns, within the meaning of such term as used in the Small Business \nAct (15 U.S.C. 632 et seq.).''.\n (b) Clerical Amendment.--The table of contents at the beginning of \nsuch Act is amended by adding at the end the following new item:\n\n``Sec. 40. Program to encourage innovative solutions to enhance \n homeland security.''.\n\nSEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS.\n\n (a) Pilot Program.--The Administrator of the Office of Federal \nProcurement Policy shall, in consultation with the Assistant to the \nPresident for Homeland Security, establish a pilot program under which \nthe Secretaries of Defense, Energy, Commerce, Transportation, and the \nTreasury may--\n (1) test the innovative use of streamlined acquisition \n authorities and procedures authorized by law, with emphasis on \n provisions authorizing the rapid acquisition of goods and \n services; and\n (2) test the feasibility of rapidly entering into contracts \n with private entities to carry out immediate solutions to key \n homeland security needs using, to the maximum extent \n practicable, commercial, off-the-shelf items and commercially \n available services.\n (b) Use of Streamlined Acquisition Authorities.--Under the pilot \nprogram, the head of an executive agency referred to in subsection (a) \nshall, if appropriate, use streamlined acquisition authorities and \nprocedures authorized by law, including authorities and procedures that \nare provided under the following provisions:\n (1) In title III of the Federal Property and Administrative \n Services Act of 1949:\n (A) Paragraphs (1), (2), (6), and (7) of subsection \n (c) of section 303 (41 U.S.C. 253), relating to use of \n procedures other than competitive procedures under \n certain circumstances (subject to subsection (e) of \n such section).\n (B) Section 303J (41 U.S.C. 253j), relating to \n orders under task and delivery order contracts.\n (2) In chapter 137 of title 10, United States Code:\n (A) Paragraphs (1), (2), (6), and (7) of subsection \n (c) of section 2304, relating to use of procedures \n other than competitive procedures under certain \n circumstances (subject to subsection (e) of such \n section).\n (B) Section 2304c, relating to orders under task \n and delivery order contracts.\n (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of \n the Office of Federal Procurement Policy Act (41 U.S.C. \n 416(c)), relating to inapplicability of a requirement for \n procurement notice.\n (c) Waiver of Requirements.--(1) To carry out the pilot program \nunder this section, the head of an agency may waive--\n (A) any provision of the Federal Acquisition Regulation \n that is not required by statute; and\n (B) any provision of the Federal Acquisition Regulation \n that is required by a provision of law described in paragraph \n (2), the waiver of which the head of the agency determines in \n writing to be necessary to carry out the pilot program.\n (2) The provisions of law referred to in paragraph (1) are as \nfollows:\n (A) Section 18 of the Office of Federal Procurement Policy \n Act (41 U.S.C. 416).\n (B) Subsections (e), (f), and (g) of section 8 of the Small \n Business Act (15 U.S.C. 637).\n (d) Limitations.--(1) The head of an agency authorized to \nparticipate in the pilot program may carry out not more than one \nproject under the program and may enter into not more than three \ncontracts to carry out the project.\n (2) A project carried out under this section shall be approved by \nthe Administrator in consultation with the Assistant to the President \nfor Homeland Security and the multiagency technical assistance team \nestablished under section 40(c) of the Office of Federal Procurement \nPolicy Act (as added by section 1).\n (e) Criteria for Evaluating Results.--The head of an agency \nparticipating in the pilot program under this section shall establish \nmeasurable mission-related criteria for evaluating the results of a \nproject under the program. Such agency head shall, as soon as \npracticable after the completion of the project, report to the \nAdministrator on the lessons learned from the project. The \nAdministrator shall share the results of, and reports on, all the \nprojects carried out under this section with the heads of other \nagencies that carry out responsibilities with respect to homeland \nsecurity.\n (f) Prohibition Against Discrimination Against Small Business \nConcerns.--This section shall be applied in a manner that does not \ndiscriminate against small business concerns (within the meaning of \nsuch term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or \nany type of small business concern.","summary":"Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack. (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter. And (3) provide monetary awards in recognition of unique and innovative solutions. Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures. And (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.","title":"To amend the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security, and for other purposes.","text_len":8836,"sum_len":1288} {"bill_id":"114_hr1093","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Water Compliance and Ratepayer \nAffordability Act of 2015''.\n\nSEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH \n FRAMEWORK.\n\n (a) In General.--In the first 5 fiscal years beginning after the \ndate of enactment of this Act, the Administrator of the Environmental \nProtection Agency, in coordination with appropriate State, local, and \nregional authorities, shall carry out a pilot program under which the \nAdministrator shall work cooperatively with and facilitate the efforts \nof municipalities to develop and implement integrated plans to meet \ntheir wastewater and stormwater obligations under the Federal Water \nPollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective \nand flexible manner.\n (b) Framework.--The Administrator shall carry out the pilot program \nin a manner that is consistent with the Integrated Municipal Stormwater \nand Wastewater Approach Framework issued by the Environmental \nProtection Agency, dated May 2012.\n (c) Selection of Municipalities.--\n (1) In general.--The Administrator, in consultation with \n States that have approved National Pollutant Discharge \n Elimination System programs, shall select not fewer than 15 \n municipalities to participate in the pilot program each fiscal \n year.\n (2) Eligibility of municipalities.--A municipality shall be \n eligible to participate in the pilot program if the \n municipality--\n (A) is a National Pollutant Discharge Elimination \n System permit holder or designee; or\n (B) is operating under an administrative order, \n administrative consent agreement, or judicial consent \n decree to comply with the requirements of the Federal \n Water Pollution Control Act (33 U.S.C. 1251 et seq.).\n (3) Factors.--In selecting municipalities under paragraph \n (1), the Administrator shall--\n (A) specifically focus on--\n (i) municipalities that are operating under \n an administrative order, administrative consent \n agreement, or judicial consent decree to comply \n with the requirements of the Federal Water \n Pollution Control Act;\n (ii) municipalities facing compliance \n issues under the Federal Water Pollution \n Control Act, in addition to the municipalities \n described in clause (i); and\n (iii) municipalities that are affected by \n affordability constraints in planning and \n implementing control measures to address wet \n weather discharges from their wastewater and \n stormwater facilities; and\n (B) give priority to eligible municipalities with a \n history of knowledgeable, detailed, and comprehensive \n efforts to develop integrated and adaptive clean water \n management practices, without regard to the status of \n the municipality in the process of planning or \n implementing such practices.\n (d) Approval of Integrated Plans.--\n (1) In general.--In approving the integrated plan of a \n municipality under the pilot program, the Administrator shall--\n (A) account for the financial capability of the \n municipality to adequately address the requirements of \n the Federal Water Pollution Control Act that apply to \n the municipality;\n (B) prioritize the obligations of the municipality \n under the Federal Water Pollution Control Act according \n to the most cost-effective and environmentally \n beneficial outcomes;\n (C) account for the maintenance, operational, and \n regulatory obligations of the municipality; and\n (D) enable the municipality to implement innovative \n and flexible approaches to meet the obligations of the \n municipality under the Federal Water Pollution Control \n Act.\n (2) Use of adaptive management approaches.--\n (A) Priority.--In selecting municipalities to \n participate in the program, the Administrator may give \n priority to a municipality that is seeking to develop \n and implement an integrated plan that includes adaptive \n approaches to account for changed or future uncertain \n circumstances.\n (B) Types of adaptive approaches.--Adaptive \n approaches referred to in subparagraph (A) include, at \n a minimum--\n (i) the use of new innovative technical or \n institutional approaches; and\n (ii) the ability to adapt the integrated \n plan in response to new regulatory requirements \n and reductions in financial capability.\n (3) Additional authorities.--In carrying out the pilot \n program, the Administrator may, in full coordination and mutual \n agreement with a municipality selected to participate in the \n pilot program--\n (A) extend the allowable national pollutant \n discharge elimination system permit term under section \n 402 of the Federal Water Pollution Control Act (33 \n U.S.C. 1342) to a maximum of 25 years, and make \n corresponding changes to any associated implementation \n schedule;\n (B) modify the implementation terms of a consent \n decree entered into by the municipality with the \n Administrator pursuant to that Act; and\n (C) provide additional regulatory flexibility under \n that Act in approving and implementing an integrated \n plan that includes adaptive approaches in order to \n encourage the innovation integral to such approaches.\n (e) Municipality Defined.--In this section, the term \n``municipality'' means a county, city, town, township, or subdivision \nof a State or local government.\n (f) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, and each year thereafter for 5 years, the \nAdministrator shall transmit to Congress a report on the results of the \npilot program, including a description of the specific outcomes \nexpected to be achieved that will reduce the costs of complying with \nthe requirements of the Federal Water Pollution Control Act for \nmunicipalities participating in the program and similarly situated \nmunicipalities.","summary":"Clean Water Compliance and Ratepayer Affordability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of at least 15 municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. A municipality is eligible to participate in the pilot program if the municipality is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee. Or (2) operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. In carrying out the pilot program and in mutual agreement with participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.","title":"Clean Water Compliance and Ratepayer Affordability Act of 2015","text_len":7129,"sum_len":1387} {"bill_id":"112_hr3755","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom to Mourn in Peace Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The greatness of America is measured in many ways but \n nowhere is it better reflected than in the costs paid by the \n men and women who voluntarily assumed the risk of defending the \n freedoms guaranteed by the Constitution and who, without \n reluctance or mental reservation, made the supreme sacrifice \n for their country.\n (2) It is altogether fitting and proper for the friends and \n families of those fallen in battle to be able to mourn their \n loss in peace and take comfort and pride in the consolation \n that comes from the certain knowledge that they laid so costly \n a sacrifice on the altar of freedom.\n (3) That to secure this temporary but hallowed moment of \n peace, reflection, and healing, it is appropriate to place \n reasonable restrictions on those individuals and groups who \n seek to use the occasion of a funeral, burial, or memorial \n service of a veteran to stage a public demonstration intended \n to turn a private gathering of private persons into a public \n spectacle for the unconscionable purpose of attracting public \n attention and gratuitously inflicting unnecessary emotional \n pain on the deceased veteran's families and friends.\n (4) Funerals, memorial services, and bereavement ceremonies \n are special events warranting special respect for the deceased \n and due regard for the emotional well-being of the bereaved \n whose memories of the final moments before their loved one is \n laid to rest may be permanently stained were the occasion \n allowed to be exploited by others for the purpose of attracting \n public attention by the intentional infliction of emotional \n distress on the loved ones of the deceased.\n (5) The First Amendment that veterans risked their lives to \n defend and preserve is broad and strong enough to protect \n vigorous and robust public debate on public issues and generous \n enough to accommodate the natural desire and need of relatives \n and loved ones to be free to mourn their loss in peace.\n\nSEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL \n SERVICES, AND CEREMONIES FOR VETERANS ARE HELD.\n\n (a) In General.--Section 2413 of title 38, United States Code, is \namended to read as follows:\n``Sec. 2413. Prohibition on demonstrations where a funeral, memorial \n service, or other bereavement ceremony for a veteran is \n held\n ``(a) Prohibition.--No person may carry out--\n ``(1) a demonstration on the property where a funeral for a \n veteran is held unless the demonstration has been approved by \n the cemetery superintendent or the owner of the property on \n which the funeral is held; or\n ``(2) with respect to such a cemetery or other property on \n which a funeral is held, a demonstration during the period \n beginning 60 minutes before and ending 60 minutes after such \n funeral, any part of which demonstration--\n ``(A)(i) takes place within 150 feet of a road, \n pathway, or other route of ingress to or egress from \n such cemetery or other property; and\n ``(ii) includes, as part of such demonstration, any \n individual willfully making or assisting in the making \n of any noise or diversion that disturbs or tends to \n disturb the peace or good order of the funeral; or\n ``(B) is within 1,000 feet of such cemetery or \n other property and impedes the access to or egress from \n such cemetery or other property,\nif there is visible, at each place that is at the applicable distance \nspecified in this sentence from such cemetery or other property, a sign \nwhich clearly and conspicuously states that a funeral will be held on \nsuch cemetery or other property and so states the time interval during \nwhich the funeral will be held.\n ``(b) Definitions.--For purposes of this section:\n ``(1) The term `demonstration' includes the following:\n ``(A) Any picketing or similar conduct.\n ``(B) Any oration, speech, use of sound \n amplification equipment or device, or similar conduct \n that is not part of a funeral.\n ``(C) The display of any placard, banner, flag, or \n similar device, unless such a display is part of a \n funeral.\n ``(D) The distribution of any handbill, pamphlet, \n leaflet, or other written or printed matter other than \n a program distributed as part of a funeral.\n ``(2) The term `funeral' includes a memorial service or any \n other bereavement ceremony honoring a veteran.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by striking the item relating to section 2413 \nand inserting the following new item:\n\n``2413. Prohibition on demonstrations where a funeral, memorial \n service, or other bereavement ceremony for \n a veteran is held.''.","summary":"Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held.","title":"To amend title 38, United States Code, to prohibit demonstrations at places of mourning during a funeral, memorial service, or other bereavement ceremony honoring a deceased veteran.","text_len":5541,"sum_len":714} {"bill_id":"110_hr7042","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``First Responders Support Act of \n2008''.\n\nSEC. 2. EXPANDING DISABILITY BENEFITS.\n\n (a) In General.--Section 1201 of the Omnibus Crime Control and Safe \nStreets Act of 1968 (42 U.S.C. 3796) is amended--\n (1) in subsection (a)--\n (A) by striking ``$250,000'' and inserting \n ``$350,000''; and\n (B) by striking ``subsection (h)'' and inserting \n ``subsection (h)(1)'';\n (2) in subsection (b)--\n (A) by striking ``permanently and totally''; and\n (B) by striking ``, to the extent that \n appropriations are provided'' and all that follows and \n inserting ``a benefit in an amount determined in \n accordance with subsection (h)(2) to such officer.''; \n and\n (3) in subsection (h)--\n (A) by striking ``the effective date of this \n subsection'' and inserting ``the date of enactment of \n the First Responders Support Act of 2008'';\n (B) by inserting ``(1)'' after ``(h)''; and\n (C) by adding at the end the following:\n ``(2)(A) Subject to subsection (b) and subparagraph (B) of this \nparagraph, the amount of a benefit paid under subsection (b) to a \npublic safety officer who has become disabled as the direct result of a \ncatastrophic injury sustained in the line of duty shall be in an amount \nequal to the benefit that is payable under subsection (a) in the \napplicable year, multiplied by the level of disability of the public \nsafety officer, as determined in accordance with subparagraph (C).\n ``(B) No benefit shall be paid under subsection (b) if the level of \ndisability of the public safety officer is less than 50 percent.\n ``(C) The Director shall adopt and apply a schedule of levels of \ndisability of public safety officers associated with specific injuries \nor combinations of injuries, based upon the average impairments of \nearning capacity resulting from the injuries concerned.''.\n (b) Definition of Catastrophic Injury.--Section 1204(1) of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1)) \nis amended by striking ``permanently prevent an individual from \nperforming any gainful work'' and inserting ``substantially diminishes \nthe ability of an individual to perform gainful work''.\n (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control \nand Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at \nthe end the following:\n ``(n) Not later than 3 months after the date on which a claimant \nsubmits all information required for a claim under this subpart, the \nBureau shall determine whether the claimant is eligible to receive a \nbenefit under this subpart.''.\n (d) Regulations.--Not later than 9 months after the date of \nenactment of this Act, the Attorney General shall promulgate \nregulations to carry out the amendments made by this section.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Attorney General, in addition to any other amounts \notherwise authorized to be appropriated, $3,000,000 for each of fiscal \nyears 2009 through 2013 to hire employees for the Bureau of Justice \nAssistance and obtain the technology and equipment necessary to \nexpedite the processing of claims and make disability determinations \nunder subpart 1 of part L of the Omnibus Crime Control and Safe Streets \nAct of 1968 (42 U.S.C. 3796 et seq.), as amended by this section.\n\nSEC. 3. EDUCATIONAL BENEFITS.\n\n (a) In General.--Section 1212(a) of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended--\n (1) by striking paragraph (2) and inserting the following:\n ``(2)(A) Except as provided in paragraph (3), and subject to \nsubparagraph (C) of this paragraph, financial assistance under this \nsubpart shall--\n ``(i) consist of direct payments to an eligible dependent; \n and\n ``(ii) be paid at the monthly rate of not more than $1,500.\n ``(B) The Director shall promulgate regulations to establish the \namount of financial assistance under subparagraph (A) for an eligible \ndependent, which shall be based on the portion of the normal full-time \nacademic workload for the course of study, as determined by the \neligible educational institution, that the eligible dependent is \npursuing.\n ``(C) On October 1 of each fiscal year beginning after the date of \nenactment of the First Responders Support Act of 2008, the Director \nshall adjust the level of the benefit payable during that fiscal year \nunder subparagraph (A)(ii), to reflect the annual percentage change in \nthe Consumer Price Index for All Urban Consumers, published by the \nBureau of Labor Statistics, occurring in the 1-year period ending on \nJune 1 immediately preceding such October 1.''; and\n (2) in paragraph (3)(A), by striking ``to which the \n eligible dependent would otherwise be entitled to receive'' and \n inserting ``that the eligible dependent receives''.\n (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--\n (1) in subparagraph (A), by striking ``or'' at the end;\n (2) in subparagraph (B), by striking ``a totally and \n permanently disabling injury'' and inserting ``the officer's \n catastrophic injury'';\n (3) by redesignating subparagraph (B) as subparagraph (C); \n and\n (4) by inserting after subparagraph (A) the following:\n ``(B) the child of the spouse of an officer described in \n subparagraph (A) at the time of the officer's death or on the \n date of the officer's catastrophic injury; or''.\n\nSEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 36 the following new section:\n\n``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this subtitle for the taxable year an amount \nequal to the qualified medical expenses paid or incurred during such \ntaxable year by a qualified injured first responder or a family member \nof a qualified injured first responder.\n ``(b) Limitations.--\n ``(1) In general.--The amount of the credit allowed under \n subsection (a) for any taxable year shall not exceed $7,500.\n ``(2) Limitation based on adjusted gross income.--The \n amount of the credit allowed by subsection (a) (determined \n without regard to this subsection) shall be reduced (but not \n below zero) by 5 percent of so much of the taxpayer's adjusted \n gross income as exceeds $75,000 ($150,000 in the case of a \n joint return).\n ``(c) Definitions.--For purposes of this section--\n ``(1) Qualified injured first responder.--The term \n `qualified injured first responder' means any public safety \n officer who has suffered an injury that substantially \n diminishes the ability of the public safety officer to perform \n gainful work while performing an official duty as a public \n safety officer.\n ``(2) Family member.--The term `family member' includes \n family members described in section 267(c)(4).\n ``(3) Qualified medical expenses.--The term `qualified \n medical expenses' means expenses paid or incurred, not \n compensated for by insurance or otherwise, for medical care \n (within the meaning of section 213(d)) in connection with an \n injury of a qualified injured first responder which was \n incurred while the qualified injured first responder was \n performing an official duty as a public safety officer.\n ``(4) Public safety officer.--The term `public safety \n officer' has the meaning given such term by section 1204(9) of \n the Omnibus Crime Control and Safe Streets Act of 1968.\n ``(d) No Double Benefit.--No credit or deduction shall be allowed \nunder this chapter with respect to any expenses which are taken into \naccount under this section.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``36A,'' after ``36,''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting after the item relating to section 36 \n the following new item:\n\n``Sec. 36A. Continuing care for injured first responders.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2008.\n\nSEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.\n\n (a) Definitions.--In this section--\n (1) the term ``Director'' means the Director of the Bureau \n of Justice Assistance;\n (2) the term ``eligible organization'' means an \n organization that provides free or reduced cost mental health \n services or counseling to public safety officers seriously \n injured in the line of duty and the family members of public \n safety officers killed or seriously injured in the line of \n duty;\n (3) the term ``public safety officer'' has the meaning \n given that term in section 1204 of the Omnibus Crime Control \n and Safe Streets Act of 1968 (42 U.S.C. 3796b); and\n (4) the term ``reduced cost'', relating to mental health \n services or counseling, means that the organization providing \n the services or counseling charges not more than 50 percent of \n the amount that the organization would otherwise charge for the \n services or counseling.\n (b) Authorization To Make Grants.--The Director may make grants to \neligible organizations to provide mental health services or counseling \nto public safety officers seriously injured in the line of duty and the \nfamily members of public safety officers killed or seriously injured in \nthe line of duty.\n (c) Application.--An eligible organization desiring a grant under \nthis section shall submit an application at such time, in such manner, \nand accompanied by such information as the Director may establish.","summary":"First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers. And (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty. Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty. Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty.","title":"To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide adequate benefits for public safety officers injured or killed in the line of duty, and for other purposes.","text_len":10681,"sum_len":804} {"bill_id":"103_hr2173","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Harbor Environmental Dredging and \nManagement Act of 1993''.\n\nSEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL.\n\n (a) General Procedures.--Section 103 of the Marine Protection, \nResearch, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by \nredesignating subsections (d) and (e) as subsections (e) and (f), \nrespectively, and by inserting after subsection (c) the following:\n ``(d) Procedure.--The following procedure applies concerning action \nby the Secretary with respect to an application for a permit under this \nsection:\n ``(1) Notice.--Within 15 days after the date on which the \n Secretary receives an application for a permit under this \n section, the Secretary shall cause to be published a notice \n that contains--\n ``(A) a description of the project;\n ``(B) such other information that the Secretary \n considers appropriate; and\n ``(C) an invitation for comment on the application \n and on any other matters of relevance, including the \n effect of approval of the application on endangered \n species, if appropriate, from interested Federal \n agencies, other public agencies, and private persons.\n ``(2) Information to be considered.--In making the \n determination required by subsection (a) regarding the \n application, the Secretary shall consider any comment or other \n information that the Secretary receives from interested \n agencies and persons during the 30-day period following the \n date on which the notice under paragraph (1) is published with \n respect to the application.\n ``(3) Deadline for hearing.--If the Secretary determines \n that a public hearing should be conducted with respect to the \n application, the Secretary shall complete the hearing within 30 \n days after the last day of the comment period for the \n application under paragraph (2).\n ``(4) Information to epa and other interested federal \n agencies.--Within 15 days after the date on which the Secretary \n receives all information pertaining to the application, the \n Secretary shall provide necessary and appropriate information \n concerning the application to the Administrator and to the \n heads of all other interested Federal agencies. Within 15 days \n of receiving such information, the Administrator and the heads \n of such other agencies shall review the information and request \n any additional information they deem necessary.\n ``(5) Concurrent evaluation of application.--The Secretary \n and the Administrator shall concurrently evaluate the \n application and, as appropriate and to the maximum extent \n possible, confer on the application in order to complete its \n consideration at the earliest possible date.\n ``(6) Deadline for determination by secretary.--The \n Secretary shall make a determination regarding whether or not \n to issue a permit under this section within 90 days after--\n ``(A) the last day of the 30-day comment period for \n the application under paragraph (2); or\n ``(B) if a public hearing is held with respect to \n the application, the last day of the public hearing.\n ``(7) Standards.--The Secretary, in determining under \n subsection (a) whether or not the dumping proposed in the \n application will result in the unreasonable degradation or \n endangerment referred to in such subsection, shall--\n ``(A) apply the applicable criteria and standards \n as such criteria and standards are in effect on the \n date of receipt of the application by the Secretary; \n and\n ``(B) disregard any change made to any such \n standard after such date of receipt.\n ``(8) Consideration of effect of failure to dredge.--In \n addition to applying the criteria referred to in section 102(a) \n in making the determination required by subsection (a), the \n Secretary shall also consider the effect that the failure to \n dredge the material concerned will have on human health and \n welfare, including economic, esthetic, and recreational values.\n ``(9) Time limits on process.--The Secretary and the \n Administrator shall make a determination regarding whether to \n issue a permit under this section within 165 days after the \n Secretary receives an application for the permit under this \n section.''.\n (b) Concurrence by Administrator.--Subsection (c) of such section \nis amended--\n (1) by adding at the end of paragraph (1) the following: \n ``The Secretary shall provide the information requested within \n 15 days after the date of receipt of the request for the \n information from the Administrator.''; and\n (2) in paragraph (2) by striking ``45'' each place it \n appears and inserting ``30''.\n (c) Conforming Amendment.--Subsection (f) of such section, as \nredesignated by subsection (a) of this section, is amended by striking \n``and (d)'' and inserting ``, (d), and (e)''.\n\nSEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD.\n\n Not later than 6 months after the date of the enactment of this \nAct, the Administrator of the Environmental Protection Agency, in \nconsultation with the Secretary of the Army, shall develop a national \nstandard for the disposal of sediments contaminated with dioxin. The \nstandard shall apply, at a minimum, to determinations required to be \nmade under subsection (a) of section 103 of the Marine Protection, \nResearch, and Sanctuaries Act of 1973.\n\nSEC. 4. MUD DUMP CONTAINMENT ISLAND.\n\n (a) Plan.--The Administrator of the Environmental Protection Agency \nand the Secretary of the Army shall develop a plan for the construction \nof a containment island as an alternative to the Mud Dump Site, as \ndefined in section 412(d) of the Water Resources Development Act of \n1990, for the disposal of contaminated dredged material. The plan shall \ninclude, at a minimum, the following:\n (1) A recommended location for the island.\n (2) Proposed timetable for construction of the island, \n including public hearings, permit processes, and environmental \n impact statements.\n (3) An analysis and estimate of the cost of construction of \n the island and recommended financing mechanisms for the \n construction.\n (4) The status of decontamination technologies to be used \n on the contaminated materials.\n (b) Report.--Not later than 12 months after the date of the \nenactment of this Act, the Administrator and the Secretary shall submit \nto Congress the plan developed under subsection (a), together with \nrecommendations for its implementation.\n\nSEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW \n JERSEY.\n\n (a) Plan.--The Administrator of the Environmental Protection Agency \nand the Secretary of the Army, in consultation with State authorities, \nshall develop a comprehensive plan for the containment, clean-up, and \nprevention of dioxin contamination in the Passaic River basin in the \nvicinity of Newark, New Jersey.\n (b) Minimum Content Requirements.--The plan to be developed under \nthis section shall include, at a minimum, the following:\n (1) A comprehensive strategy for monitoring, containing, \n and preventing the spread of dioxin in the Passaic River basin \n to Newark Bay.\n (2) A comprehensive strategy for the clean-up of dioxin in \n the Passaic River basin, including a proposed timetable, \n estimate of the cost, and financing mechanism for the clean-up.\n (3) A comprehensive strategy for preventing land activities \n from becoming new sources of dioxin pollution in the Passaic \n River basin and Newark Bay.\n (4) The status of sediment sources in Newark Bay.\n (c) Report.--Not later than 6 months after the date of the \nenactment of this Act, the Administrator and the Secretary shall submit \nto Congress the comprehensive plan developed under subsection (a), \ntogether with recommendations for its implementation.\n\nSEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES.\n\n The Secretary of the Army is authorized to approve the \nestablishment of a consortium of permittees for the testing, \npermitting, and disposal of dredged materials in an effort to promote \nthe cost-effective disposal and environmental management of dredged \nmaterials.","summary":"Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material. And (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials.","title":"Harbor Environmental Dredging and Management Act of 1993","text_len":8918,"sum_len":1026} {"bill_id":"114_hr5438","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Business Bribery Prohibition \nAct of 2016''.\n\nSEC. 2. ACTIONS AUTHORIZED.\n\n (a) Prohibited Foreign Practices by Domestic Concerns.--Section 104 \nof the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is \namended by adding at the end the following:\n ``(j) Private Right of Action Authorized.--\n ``(1) Authorized plaintiffs.--Any person that violates \n subsection (a) shall be liable in an action brought in \n accordance with this subsection in any court of competent \n jurisdiction to any issuer that is subject to section 30A of \n the Securities Exchange Act of 1934, domestic concern that is \n subject to this section, or other person that is a United \n States person, that is damaged by the violation of subsection \n (a) of this section, for damages caused to such issuer, \n domestic concern, or other person by the violation.\n ``(2) Proof of damages.--For purposes of this subsection, \n the court may not find for the plaintiff in an action under \n this subsection unless the plaintiff alleges and proves that--\n ``(A) the defendant violated subsection (a); and\n ``(B) the defendant's violation of subsection (a)--\n ``(i) prevented the plaintiff from \n obtaining or retaining business for or with any \n person; and\n ``(ii) assisted the defendant in obtaining \n or retaining such business.\n ``(3) Measure of damages.--\n ``(A) In general.--The damages that a plaintiff may \n obtain in an action under this subsection may be equal \n to the higher of the two following amounts that are \n established by the plaintiff's allegations and proof:\n ``(i) The total amount of the contract or \n agreement that the defendant gained in \n obtaining or retaining business by means of the \n violation of subsection (a).\n ``(ii) The total amount of the contract or \n agreement that the plaintiff failed to gain \n because of the defendant's obtaining or \n retaining business by means of the violation of \n subsection (a).\n ``(B) Treble damages.--In assessing damages under \n subparagraph (A), the court shall enter judgment for \n three times the amount determined under clause (i) or \n (ii) of such subparagraph (whichever is greater), \n together with a reasonable attorney's fee and costs, \n for the violation of subsection (a).\n ``(4) Exception for routine governmental action.--The \n exception in subsection (b) shall apply to an action under this \n subsection.\n ``(5) Affirmative defenses.--The affirmative defenses in \n subsection (c) shall apply to an action under this subsection.\n ``(6) Contribution.--Each person who becomes liable to make \n payment under this subsection may recover contribution as in \n cases of contract from any person who, if joined in the \n original suit, would have been liable to make the same payment.\n ``(7) Statute of limitations.--No action may be maintained \n to enforce any liability created under this subsection unless \n brought within 3 years after the discovery of the facts \n constituting the cause of action and within 6 years after the \n cause of action accrued.\n ``(8) United states person defined.--In this subsection, \n the term `United States person' has the meaning given that term \n in subsection (i)(2).''.\n (b) Prohibited Foreign Practices by Other Persons.--Section 104A of \nthe Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3) is \namended--\n (1) by redesignating subsection (f) as subsection (g); and\n (2) by inserting after subsection (e) the following:\n ``(f) Private Right of Action Authorized.--\n ``(1) Authorized plaintiffs.--Any person that violates \n subsection (a) shall be liable in an action brought in \n accordance with this subsection in any court of competent \n jurisdiction to any issuer that is subject to section 30A of \n the Securities Exchange Act of 1934, domestic concern that is \n subject to section 104 of this Act, or other person that is a \n United States person, that is damaged by the violation of \n subsection (a) of this section, for damages caused to such \n issuer, domestic concern, or other person by the violation.\n ``(2) Proof of damages.--For purposes of this subsection, \n the court may not find for the plaintiff in an action under \n this subsection unless the plaintiff alleges and proves that--\n ``(A) the defendant violated subsection (a); and\n ``(B) the defendant's violation of subsection (a)--\n ``(i) prevented the plaintiff from \n obtaining or retaining business for or with any \n person; and\n ``(ii) assisted the defendant in obtaining \n or retaining such business.\n ``(3) Measure of damages.--\n ``(A) In general.--The damages that a plaintiff may \n obtain in an action under this subsection may be equal \n to the higher of the two following amounts that are \n established by the plaintiff's allegations and proof:\n ``(i) The total amount of the contract or \n agreement that the defendant gained in \n obtaining or retaining business by means of the \n violation of subsection (a).\n ``(ii) The total amount of the contract or \n agreement that the plaintiff failed to gain \n because of the defendant's obtaining or \n retaining business by means of the violation of \n subsection (a).\n ``(B) Treble damages.--In assessing damages under \n subparagraph (A), the court shall enter judgment for \n three times the amount determined under clause (i) or \n (ii) of such subparagraph (whichever is greater), \n together with a reasonable attorney's fee and costs, \n for the violation of subsection (a).\n ``(4) Exception for routine governmental action.--The \n exception in subsection (b) shall apply to an action under this \n subsection.\n ``(5) Affirmative defenses.--The affirmative defenses in \n subsection (c) shall apply to an action under this subsection.\n ``(6) Contribution.--Each person who becomes liable to make \n payment under this subsection may recover contribution as in \n cases of contract from any person who, if joined in the \n original suit, would have been liable to make the same payment.\n ``(7) Statute of limitations.--No action may be maintained \n to enforce any liability created under this subsection unless \n brought within 3 years after the discovery of the facts \n constituting the cause of action and within 6 years after the \n cause of action accrued.\n ``(8) United states person defined.--In this subsection, \n the term `United States person' has the meaning given that term \n in subsection (i)(2).''.\n (c) Prohibited Foreign Practices by Issuers.--Section 30A of the \nSecurities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended by adding \nat the end the following:\n ``(h) Private Right of Action Authorized.--\n ``(1) Authorized plaintiffs.--Any person that violates \n subsection (a) shall be liable in an action brought in \n accordance with this subsection in any court of competent \n jurisdiction to any issuer that is subject to this section, \n domestic concern that is subject to section 104 of the Foreign \n Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2), or other \n person that is a United States person, that is damaged by the \n violation of subsection (a) of this section, for damages caused \n to such issuer, domestic concern, or other person by the \n violation.\n ``(2) Proof of damages.--For purposes of this subsection, \n the court may not find for the plaintiff in an action under \n this subsection unless the plaintiff alleges and proves that--\n ``(A) the defendant violated subsection (a); and\n ``(B) the defendant's violation of subsection (a)--\n ``(i) prevented the plaintiff from \n obtaining or retaining business for or with any \n person; and\n ``(ii) assisted the defendant in obtaining \n or retaining such business.\n ``(3) Measure of damages.--\n ``(A) In general.--The damages that a plaintiff may \n obtain in an action under this subsection may be equal \n to the higher of the two following amounts that are \n established by the plaintiff's allegations and proof:\n ``(i) The total amount of the contract or \n agreement that the defendant gained in \n obtaining or retaining business by means of the \n violation of subsection (a).\n ``(ii) The total amount of the contract or \n agreement that the plaintiff failed to gain \n because of the defendant's obtaining or \n retaining business by means of the violation of \n subsection (a).\n ``(B) Treble damages.--In assessing damages under \n subparagraph (A), the court shall enter judgment for \n three times the amount determined under clause (i) or \n (ii) of such subparagraph (whichever is greater), \n together with a reasonable attorney's fee and costs, \n for the violation of subsection (a).\n ``(4) Exception for routine governmental action.--The \n exception in subsection (b) shall apply to an action under this \n subsection.\n ``(5) Affirmative defenses.--The affirmative defenses in \n subsection (c) shall apply to an action under this subsection.\n ``(6) Contribution.--Each person who becomes liable to make \n payment under this subsection may recover contribution as in \n cases of contract from any person who, if joined in the \n original suit, would have been liable to make the same payment.\n ``(7) Statute of limitations.--No action shall be \n maintained to enforce any liability created under this \n subsection unless brought within 3 years after the discovery of \n the facts constituting the cause of action and within 6 years \n after the cause of action accrued.\n ``(8) United states person defined.--In this subsection, \n the term `United States person' has the meaning given that term \n in subsection (g)(2).''.\n\nSEC. 3. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on the date of \nthe enactment of this Act and shall apply to causes of action accruing \non or after such date of enactment.","summary":"Foreign Business Bribery Prohibition Act of 2016 This bill amends the Foreign Corrupt Practices Act of 1977 (FCPA) to authorize private rights of action against persons that violate the FCPA's anti-bribery provisions, which prohibit giving things of value to foreign officials or political parties for purposes of obtaining or retaining business. A person that violates the FCPA's anti-bribery provisions shall be liable for up to treble damages to a securities issuer, domestic business concern, or US person damaged by the violation. A plaintiff must prove an FCPA anti-bribery violation by the defendant that: (1) prevented the plaintiff from obtaining or retaining business, and (2) assisted the defendant in obtaining or retaining such business.","title":"Foreign Business Bribery Prohibition Act of 2016","text_len":12056,"sum_len":750} {"bill_id":"109_hr4815","text":"SECTION 1. SHORT TITLE; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``Safe NOW Act of \n2006''.\n (b) Purpose.--The purpose of this Act is to establish a National \nSex Offender Risk Classification Task Force to create guidelines for \nthe establishment of a risk-based sex offender classification system \nthat will--\n (1) classify sex offenders based on the threat of danger \n each sex offender poses to the public; and\n (2) allow law enforcement agencies and the public to \n identify the most dangerous sex offenders listed in sex \n offender registries by using the classification system.\n\nSEC. 2. DEFINITIONS.\n\n In this Act, the following definitions apply:\n (1) Sex offender registry.--The term ``sex offender \n registry'' means a registry of sex offenders, and a \n notification program, maintained by a jurisdiction.\n (2) Jurisdiction.--The term ``jurisdiction'' means any of \n the following:\n (A) A State.\n (B) The District of Columbia.\n (C) The Commonwealth of Puerto Rico.\n (D) Guam.\n (E) American Samoa.\n (F) The Northern Mariana Islands.\n (G) The United States Virgin Islands.\n (H) Any Federally recognized Indian tribe.\n\nSEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE.\n\n (a) Task Force Established.--There is established, under the \ngeneral authority of the Attorney General, the National Sex Offender \nRisk Classification Task Force (referred to in this Act as the ``Task \nForce'').\n (b) Duties.--\n (1) In general.--The Task Force shall--\n (A) create preliminary guidelines for the \n establishment of a risk-based sex offender \n classification system;\n (B) administer the demonstration program under \n section 4; and\n (C) create final guidelines for the establishment \n of a risk-based sex offender classification system that \n shall be made available to jurisdictions for use in \n accordance with section 7, and that shall be created \n using the information gathered through--\n (i) the demonstration program under section \n 4; and\n (ii) the activities of the working groups \n under paragraph (3).\n (2) Creation of guidelines.--In creating the guidelines \n required under this subsection, the Task Force shall consider--\n (A) empirically-based assessment tools available to \n assess the dangers posed by sex offenders;\n (B) the methods used to classify sex offenders for \n the purposes of sex offender registries in use by \n Federal, State, and local law enforcement agencies as \n of the date of enactment of this Act, and how those \n methods differ from a risk-based sex offender \n classification system;\n (C) means by which information regarding the risk-\n based classification of sex offenders may be \n comprehensively and consistently disseminated to \n Federal, State, and local law enforcement agencies and \n the public;\n (D) opportunities available to sex offenders \n (especially those who are not under court supervision) \n to change their risk-based classification, including \n voluntary participation in sex offender treatment and \n monitoring programs; and\n (E) any negative consequences that have resulted \n from Megan's Law (Public Law 104-145; 110 Stat. 1345), \n and steps that might be taken to reduce such negative \n consequences.\n (3) Working groups.--The Chair shall designate 5 working \n groups within the Task Force, each of which shall conduct one \n of the following activities:\n (A) Survey the methods of risk classification used \n by each jurisdiction, as of the date of enactment of \n this Act, and identify changes to such methods that \n jurisdictions could implement to improve the \n efficiency, accuracy, and consistency of sex offender \n registries.\n (B) Research and analyze the effectiveness of the \n most recently developed tools available (as of the date \n of enactment of this Act) to assess the dangers posed \n by sex offenders and to classify sex offenders based on \n risk.\n (C) Identify the strengths and weaknesses of \n Federal, State, and local sex offender registration and \n notification procedures in use as of the day before the \n date of enactment of this Act, and propose methods to \n improve any such weaknesses.\n (D) Analyze Federal, State, and local law \n enforcement agency procedures for community \n notification regarding sex offenders (as of the date of \n enactment of this Act), and determine the most \n appropriate procedures to notify communities regarding \n sex offenders of varying risk-based classifications.\n (E) Develop a resource guide that Federal, State, \n and local law enforcement agencies may use to educate \n the public about the prevention of sex offenses, the \n dangers posed by sex offenders, the systems used to \n classify sex offenders, and the access and use of sex \n offender registries.\n (c) Membership.--\n (1) In general.--The Task Force shall consist of 20 \n members, who shall be appointed by the Attorney General within \n 45 days after the date of enactment of this Act, and who shall \n include--\n (A) the Chair;\n (B) one representative from each of the following:\n (i) the Safe NOW Project;\n (ii) the National Association to PROTECT \n Children;\n (iii) Parents For Megan's Law, Inc.;\n (iv) the Association for the Treatment of \n Sexual Abusers;\n (v) the National Sheriffs' Association;\n (vi) the National Association of Police \n Organizations;\n (vii) the American Probation and Parole \n Association;\n (viii) the American Psychological \n Association;\n (ix) the National Association of Criminal \n Defense Lawyers;\n (x) the Washington State Institute for \n Public Policy;\n (xi) the National Center for Missing and \n Exploited Children;\n (xii) the Office for Victims of Crime;\n (xiii) the Center for Sex Offender \n Management;\n (xiv) the National Law Enforcement and \n Corrections Technology Center;\n (xv) the Federal Bureau of Investigation; \n and\n (xvi) the Center for Disease Control and \n Prevention; and\n (C) three representatives of the academic community \n who specialize in risk assessment of sex offenders.\n (2) Selection criteria.--The Attorney General shall appoint \n to the Task Force a Chair and a diverse group of members who \n are knowledgeable in the fields of sex offender management, \n community education, risk assessment of sex offenders, and sex \n offender victim issues.\n (3) Terms; vacancies.--The term of office for members shall \n be for the life of the Task Force. A vacancy in the Task Force \n shall not affect the powers of the Task Force, and shall be \n filled in the same manner in which the original appointment was \n made.\n (4) Compensation.--\n (A) Except as provided in subparagraph (B), the \n Chair and members of the Task Force shall be paid at \n the rate of $500 per day for each day, including travel \n time, during which he or she is engaged in the actual \n performance of duties vested in the Task Force.\n (B) A member of the Task Force who is a full-time \n officer or employee of the United States or a Member of \n Congress shall receive no additional pay, allowances, \n or benefits by reason of his or her service to the Task \n Force.\n (C) All members of the Task Force shall be \n reimbursed for travel, subsistence, and other necessary \n expenses incurred by them in the performance of their \n duties to the extent authorized by chapter 57 of title \n 5, United States Code.\n (d) Meetings.--\n (1) Frequency.--The Task Force shall meet not less than 4 \n times per year, at the call of the Chair. The Attorney General \n shall call the first meeting of the Task Force within 90 days \n after the date of the enactment of this Act, or within 30 days \n after the date on which legislation is enacted making \n appropriations to carry out this Act, whichever date is later.\n (2) Record.--The Task Force shall maintain records of an \n active roster of membership, meeting minutes, and any other \n information the Chair may require.\n (3) Public meetings; notice.--Task Force meetings shall be \n open to the public, except as determined otherwise by the Chair \n (or other official to whom the authority has been delegated by \n the Chair). Notice of all meetings shall be published in the \n Federal Register not later than 30 days before the date of such \n meeting.\n (4) Closed meetings.--No later than 7 days after any Task \n Force meeting (or a portion of such a meeting) is closed to the \n public, a report shall be prepared for the Attorney General by \n a designated member the Task Force who was present for the \n entirety of such meeting, which shall contain, at a minimum, a \n list of individuals present and the activities conducted at \n such closed meeting.\n\nSEC. 4. DEMONSTRATION PROGRAM.\n\n (a) In General.--The Task Force is authorized to carry out a \ndemonstration program under which the Task Force shall award one grant \nto each of 5 selected jurisdictions to carry out the activities under \nsubsection (b).\n (b) Program Activities.--A selected jurisdiction shall use a grant \nawarded under subsection (a) to--\n (1) use the preliminary guidelines created by the Task \n Force under section 3(b) to implement a risk-based sex offender \n classification system to classify sex offenders registered in \n the jurisdiction's sex offender registry;\n (2) demonstrate the extent to which such preliminary \n guidelines provide for the successful implementation of an \n effective risk-based sex offender classification system; and\n (3) identify ways such preliminary guidelines may be \n improved to provide better guidance for the successful \n implementation of an effective risk-based sex offender \n classification system.\n (c) Applications.--A jurisdiction desiring to participate in the \ndemonstration program shall submit an application to the Task Force at \nsuch time, in such manner, and containing such information as the Task \nForce may require.\n (d) Selection of Jurisdictions.--\n (1) Not later than 9 months after the date of the first \n meeting of the Task Force, the Task Force shall select 5 \n jurisdictions to participate in the demonstration program from \n the applications received under subsection (c).\n (2) The Task Force shall develop criteria to select \n jurisdictions to participate in the demonstration program. In \n developing such criteria and selecting jurisdictions, the Task \n Force shall consider--\n (A) the importance of the participation of \n demographically and geographically diverse \n jurisdictions in the demonstration program; and\n (B) the willingness and ability of jurisdictions \n to--\n (i) collaborate with officials in such \n jurisdiction responsible for the management of \n sex offenders;\n (ii) report to the Task Force on the \n effectiveness of the preliminary guidelines \n created under section 3(b);\n (iii) provide recommendations to the Task \n Force regarding the improvement of such \n preliminary guidelines and the creation of \n final guidelines; and\n (iv) provide information about their \n participation in the demonstration program to \n other jurisdictions implementing a risk-based \n sex offender classification system.\n (e) Duration.--A grant awarded under this subsection shall be for \nthe one-year period beginning on the date one year after the date of \nthe first meeting of the Task Force, and shall not be renewable.\n (f) Assistance and Review.--The Task Force shall provide technical \nassistance as necessary to the jurisdictions selected to participate in \nthe demonstration program, and shall document the demonstration program \nexperience of each selected jurisdiction in the final report required \nunder section 5.\n\nSEC. 5. REPORTS.\n\n (a) The Task Force shall provide to the Attorney General and to the \nrelevant committees of Congress--\n (1) not later than one year after the date of the first \n meeting of the Task Force, an initial report containing--\n (A) preliminary guidelines for the establishment of \n a risk-based sex offender classification system to be \n used for the demonstration program under section 3;\n (B) a list of the jurisdictions selected to \n participate in such demonstration program; and\n (C) a summary of the activities conducted by, and \n the findings of, each working group under section \n 3(b)(3); and\n (2) not later than 6 months after the date of the \n expiration of the demonstration program grants made under \n section 4, a final report containing--\n (A) final guidelines for the establishment of a \n risk-based sex offender classification system, as \n required under section 3(b); and\n (B) a summary of the information gathered through \n the demonstration program under section 4, including \n any information provided by the jurisdictions that \n participated in such program that was considered by the \n Task Force in the creation of the final guidelines \n under subparagraph (A).\n\nSEC. 6. TERMINATION OF TASK FORCE.\n\n The Task Force shall terminate 90 days after the final report under \nsection 5 is provided to the Attorney General and the relevant \ncommittees of Congress.\n\nSEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES.\n\n It is the sense of Congress that each jurisdiction should use the \nfinal guidelines created by the Task Force under this Act to implement \na risk-based sex offender classification system to classify sex \noffenders registered in such jurisdiction's sex offender registry.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act (except for section 4), $1,000,000 for each of fiscal \nyears 2007, 2008, and 2009.\n (b) Demonstration Program.--There are authorized to be appropriated \nsuch sums as may be necessary to carry out the demonstration program \nunder section 4.","summary":"Safe NOW Act of 2006 - Establishes the National Sex Offender Risk Classification Task Force to create guidelines for a risk-based sex offender classification system. Authorizes the Task Force to carry out demonstration programs in five selected jurisdictions to: (1) use the Task Force's preliminary guidelines to implement such a system for their sex offender registries. And (2) identify ways to improve such guidelines. Expresses the sense of Congress that each state, federally recognized Indian tribe, and US possession and territory should use final Task Force guidelines to implement such a system for its registry.","title":"To establish a National Sex Offender Risk Classification Task Force to create guidelines for the establishment of a risk-based sex offender classification system for use in sex offender registries.","text_len":17099,"sum_len":622} {"bill_id":"114_hr3744","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Venezuelan Refugee Assistance Act''.\n\nSEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS.\n\n (a) Adjustment of Status.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act (8 U.S.C. 1255(c)), the status \n of any alien described in subsection (b) shall be adjusted by \n the Secretary of Homeland Security to that of an alien lawfully \n admitted for permanent residence, if the alien--\n (A) applies for such adjustment before January 1, \n 2019;\n (B) is not inadmissible under paragraph (1), (2), \n (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or \n (10)(D) of section 212(a) of the Immigration and \n Nationality Act (8 U.S.C. 1182(a));\n (C) is not deportable under paragraph (1)(E), \n (1)(G), (2), (4), (5), or (6) of section 237(a) of such \n Act (8 U.S.C. 1227(a));\n (D) has not ordered, incited, assisted, or \n otherwise participated in the persecution of any person \n on account of race, religion, nationality, membership \n in a particular social group, or political opinion; and\n (E) has not been convicted of--\n (i) any offense under Federal or State law \n punishable by a maximum term of imprisonment of \n more than 1 year; or\n (ii) 3 or more offenses under Federal or \n State law, for which the alien was convicted on \n different dates for each of the 3 offenses and \n sentenced to imprisonment for an aggregate of \n 90 days or more.\n (2) Relationship of application to certain orders.--An \n alien present in the United States who has been ordered \n removed, or ordered to depart voluntarily, from the United \n States under any provision of the Immigration and Nationality \n Act may, notwithstanding such order, apply for adjustment of \n status under paragraph (1). Such an alien may not be required, \n as a condition on submitting or granting such application, to \n file a motion to reopen, reconsider, or vacate such order. If \n the Secretary of Homeland Security grants the application, the \n Secretary of Homeland Security shall cancel the order. If the \n Secretary of Homeland Security renders a final administrative \n decision to deny the application, the order shall be effective \n and enforceable to the same extent as if the application had \n not been made.\n (b) Aliens Eligible for Adjustment of Status.--The benefits \nprovided by subsection (a) shall apply to any alien who is a national \nof Venezuela--\n (1) who was physically present in the United States on \n January 1, 2013; and\n (2) has been physically present in the United States for at \n least 1 year and is physically present in the United States on \n the date the application for adjustment of status under this \n Act is filed, except an alien shall not be considered to have \n failed to maintain continuous physical presence by reason of an \n absence, or absences, from the United States for any periods in \n the aggregate not exceeding 180 days.\n (c) Stay of Removal.--\n (1) In general.--The Secretary of Homeland Security shall \n provide by regulation for an alien subject to a final order of \n removal to seek a stay of such order based on the filing of an \n application under subsection (a).\n (2) During certain proceedings.--Notwithstanding any \n provision of the Immigration and Nationality Act (8 U.S.C. 1101 \n et seq.), the Secretary of Homeland Security shall not order \n any alien to be removed from the United States, if the alien is \n in removal proceedings under any provision of such Act and \n raises as a defense to such an order the eligibility of the \n alien to apply for adjustment of status under subsection (a), \n except where the Secretary of Homeland Security has rendered a \n final administrative determination to deny the application.\n (3) Work authorization.--The Secretary of Homeland Security \n may authorize an alien who has applied for adjustment of status \n under subsection (a) to engage in employment in the United \n States during the pendency of such application and may provide \n the alien with an ``employment authorized'' endorsement or \n other appropriate document signifying authorization of \n employment, except that if such application is pending for a \n period exceeding 180 days, and has not been denied, the \n Secretary of Homeland Security shall authorize such employment.\n (d) Adjustment of Status for Spouses and Children.--\n (1) In general.--Notwithstanding section 245(c) of the \n Immigration and Nationality Act (8 U.S.C. 1255(c)), the status \n of an alien shall be adjusted by the Secretary of Homeland \n Security to that of an alien lawfully admitted for permanent \n residence, if--\n (A) the alien is the spouse, child, or unmarried \n son or daughter, of an alien whose status is adjusted \n to that of an alien lawfully admitted for permanent \n residence under subsection (a), except that in the case \n of such an unmarried son or daughter, the son or \n daughter shall be required to establish that they have \n been physically present in the United States for at \n least 1 year;\n (B) the alien applies for such adjustment and is \n physically present in the United States on the date the \n application is filed; and\n (C) the alien is otherwise eligible to receive an \n immigrant visa and is otherwise admissible to the \n United States for permanent residence, except in \n determining such admissibility the grounds for \n exclusion specified in paragraphs (4), (5), (6)(A), and \n (7)(A) of section 212(a) of the Immigration and \n Nationality Act (8 U.S.C. 1182(a)) shall not apply.\n (2) Proof of continuous presence.--For purposes of \n establishing the period of continuous physical presence \n referred to in paragraph (1)(B), an alien shall not be \n considered to have failed to maintain continuous physical \n presence by reason of an absence, or absences, from the United \n States for any periods in the aggregate not exceeding 180 days.\n (e) Availability of Administrative Review.--The Secretary of \nHomeland Security shall provide to applicants for adjustment of status \nunder subsection (a) the same right to, and procedures for, \nadministrative review as are provided to--\n (1) applicants for adjustment of status under section 245 \n of the Immigration and Nationality Act (8 U.S.C. 1255); or\n (2) aliens subject to removal proceedings under section 240 \n of such Act (8 U.S.C. 1229a).\n (f) Limitation on Judicial Review.--A determination by the \nSecretary of Homeland Security as to whether the status of any alien \nshould be adjusted under this Act is final and shall not be subject to \nreview by any court.\n (g) No Offset in Number of Visas Available.--When an alien is \ngranted the status of having been lawfully admitted for permanent \nresidence pursuant to this Act, the Secretary of State shall not be \nrequired to reduce the number of immigrant visas authorized to be \nissued under any provision of the Immigration and Nationality Act.\n (h) Application of Immigration and Nationality Act Provisions.--\nExcept as otherwise specifically provided in this section, the \ndefinitions contained in the Immigration and Nationality Act shall \napply in the administration of this Act. Nothing contained in this Act \nshall be held to repeal, amend, alter, modify, effect, or restrict the \npowers, duties, functions, or authority of the Secretary of Homeland \nSecurity in the administration and enforcement of such Act or any other \nlaw relating to immigration, nationality, or naturalization. The fact \nthat an alien may be eligible to be granted the status of having been \nlawfully admitted for permanent residence under this section shall not \npreclude the alien from seeking such status under any other provision \nof law for which the alien may be eligible.","summary":"Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.","title":"Venezuelan Refugee Assistance Act","text_len":8927,"sum_len":663} {"bill_id":"110_hr2065","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Drug Savings Through Choice \nAct of 2007''.\n\nSEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN \n OPTION.\n\n (a) In General.--Subpart 2 of part D of the Social Security Act is \namended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the \nfollowing new section:\n\n ``medicare operated prescription drug plan option\n\n ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other \nprovision of this part, for each year (beginning with 2008), in \naddition to any plans offered under section 1860D-11, the Secretary \nshall offer a Medicare operated prescription drug plan (as defined in \nsubsection (b)) with a service area that consists of the entire United \nStates.\n ``(b) Medicare Operated Prescription Drug Plan Defined.--For \npurposes of this part, the term `Medicare operated prescription drug \nplan' means a prescription drug plan that offers qualified prescription \ndrug coverage and access described in section 1860D-2(d) to the prices \nnegotiated under subsection (c)(1). Such plan may offer supplemental \nprescription drug coverage in the same manner as other qualified \nprescription drug coverage offered by other prescription drug plans.\n ``(c) Enhanced Affordability Through Negotiations.--\n ``(1) In general.--Notwithstanding section 1860D-11(i), for \n purposes of offering the Medicare operated prescription drug \n plan under this section, the Secretary shall negotiate with \n pharmaceutical manufacturers with respect to the purchase price \n of such covered part D drugs and shall encourage the use of \n more affordable therapeutic equivalents to the extent such \n practices do not override medical necessity as determined by \n the prescribing physician.\n ``(2) Implementation of other cost savings strategies.--To \n the extent practicable and consistent with paragraph (1), the \n Secretary shall implement strategies similar to those used by \n the Department of Veterans Affairs or other Federal purchasers \n of prescription drugs, and other strategies, to reduce the \n purchase cost of covered part D drugs.\n ``(3) Conditioning use of formularies.--Insofar as the \n Medicare operated prescription drug plan uses a formulary, such \n plan shall inform, consistent with section 1860D-4(a)(3)(B), \n enrollees of changes in such formulary, including changes in \n covered drugs and the prices of such drugs.\n ``(4) Savings used to fill gaps in prescription drug \n coverage.--Any savings to the Medicare operated prescription \n drug plan resulting from actions take under this subsection \n shall be used by the plan to extend coverage under the plan to \n individuals who have reached the initial coverage limit \n applicable under the plan but who have not reached the annual \n out-of-pocket threshold specified in section 1860D-2(b)(4)(B).\n ``(d) Monthly Premiums.--\n ``(1) For qualified prescription drug coverage.--\n ``(A) Nationally uniform monthly beneficiary \n premium.--The monthly beneficiary premium for qualified \n prescription drug coverage and access to negotiated \n prices described in section 1860D-2(a)(1)(A) to be \n charged under the Medicare operated prescription drug \n plan shall be uniform nationally.\n ``(B) Bid based on costs.--The bid submitted under \n section 1860D-11(b)(2)(C) for the Medicare operated \n prescription drug plan shall be based on the average \n monthly per capita actuarial cost of offering such plan \n for the year involved, including administrative \n expenses.\n ``(2) Supplemental prescription drug coverage.--Insofar as \n the Medicare operated prescription drug plan offers \n supplemental prescription drug coverage, the Secretary shall \n adjust the amount of the bid submitted under section 1860D-\n 11(b)(2)(C) (and the premium charged under paragraph (1)) to \n reflect the additional benefits offered under such coverage.\n ``(e) Open Enrollment.--A part D eligible individual may enroll in \nthe Medicare operated prescription drug plan at any time.''.\n (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare \nOperated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act \n(42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the \nfollowing new sentence: ``A part D eligible individual described in \nthis paragraph does not include an individual enrolled in the Medicare \noperated prescription drug plan during the period in which the \nindividual is so enrolled.''.\n (c) Conforming Amendments.--\n (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security \n Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting \n ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of \n this subsection''.\n (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w-\n 102(b)(3)(A)) is amended by inserting ``and section 1860D-\n 11A(c)(4)'' after ``paragraph (4)''.\n (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a)) \n is amended by adding at the end the following new paragraph:\n ``(4) Availability of the medicare operated prescription \n drug plan.--\n ``(A) In general.--The Medicare operated \n prescription drug plan shall be offered nationally in \n accordance with section 1860D-11A.\n ``(B) Relationship to other plans.--\n ``(i) In general.--Subject to clause (ii), \n the Medicare operated prescription drug plan \n shall be offered in addition to any qualifying \n plan or fallback prescription drug plan offered \n in a PDP region and shall not be considered to \n be such a plan for purposes of meeting the \n requirements of this subsection.\n ``(ii) Designation as a fallback plan.--\n Notwithstanding any other provision of this \n part, the Secretary may designate the Medicare \n operated prescription drug plan as the fallback \n prescription drug plan for any fallback service \n area (as defined in section 1860D-11(g)(3)) \n determined to be appropriate by the \n Secretary.''.\n (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w-\n 113(c)(3)) is amended--\n (A) in the heading, by inserting ``and the Medicare \n operated prescription drug plan'' after ``Fallback \n plans''; and\n (B) by inserting ``or the Medicare operated \n prescription drug plan'' after ``a fallback \n prescription drug plan''.\n (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w-\n 116(b)(1)) is amended--\n (A) in subparagraph (C), by striking ``and'' after \n the semicolon at the end; and\n (B) in subparagraph (D), by striking the period at \n the end and inserting ``; and''; and\n ``(E) payments for expenses incurred with respect \n to the operation of the Medicare operated prescription \n drug plan under section 1860D-11A.''.\n (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w-\n 151(a)) is amended by adding at the end the following new \n paragraph:\n ``(19) Medicare operated prescription drug plan.--The term \n `Medicare operated prescription drug plan' has the meaning \n given such term in section 1860D-11A(b).''.","summary":"Medicare Drug Savings Through Choice Act of 2007 - Amends part D of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States. (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs. And (3) encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage.","title":"To amend title XVIII of the Social Security Act to provide for a Medicare operated prescription drug plan option to deliver a meaningful drug benefit and lower prescription drug prices under the Medicare Program.","text_len":8185,"sum_len":658} {"bill_id":"115_hr2510","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Water Quality \nProtection and Job Creation Act of 2017''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Amendment of Federal Water Pollution Control Act.\n TITLE I--WATER QUALITY FINANCING\n\n Subtitle A--Technical and Management Assistance\n\nSec. 101. Technical assistance.\nSec. 102. State management assistance.\nSec. 103. Watershed pilot projects.\nSec. 104. Nonpoint source management programs.\n Subtitle B--State Water Pollution Control Revolving Funds\n\nSec. 121. Capitalization grant agreements.\nSec. 122. Water pollution control revolving loan funds.\nSec. 123. State planning assistance.\nSec. 124. Intended use plan.\nSec. 125. Technical assistance.\nSec. 126. Authorization of appropriations.\n TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER \n GRANTS\n\nSec. 201. Pilot program for alternative water source projects.\nSec. 202. Sewer overflow control grants.\n\nSEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.\n\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Federal Water Pollution \nControl Act (33 U.S.C. 1251 et seq.).\n\n TITLE I--WATER QUALITY FINANCING\n\n Subtitle A--Technical and Management Assistance\n\nSEC. 101. TECHNICAL ASSISTANCE.\n\n (a) Technical Assistance for Rural and Small Treatment Works.--\nSection 104(b) (33 U.S.C. 1254(b)) is amended--\n (1) by striking ``and'' at the end of paragraph (6);\n (2) by striking the period at the end of paragraph (7) and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(8) make grants to nonprofit organizations--\n ``(A) to provide technical assistance to rural, \n small, and tribal municipalities for the purpose of \n assisting, in consultation with the State in which the \n assistance is provided, such municipalities and tribal \n governments in the planning, developing, and \n acquisition of financing for eligible projects \n described in section 603(c);\n ``(B) to provide technical assistance and training \n for rural, small, and tribal publicly owned treatment \n works and decentralized wastewater treatment systems to \n enable such treatment works and systems to protect \n water quality and achieve and maintain compliance with \n the requirements of this Act; and\n ``(C) to disseminate information to rural, small, \n and tribal municipalities and municipalities that meet \n the affordability criteria established under section \n 603(i)(2) by the State in which the municipality is \n located with respect to planning, design, construction, \n and operation of publicly owned treatment works and \n decentralized wastewater treatment systems.''.\n (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. \n1254(u)) is amended--\n (1) by striking ``and (6)'' and inserting ``(6)''; and\n (2) by inserting before the period at the end the \n following: ``; and (7) not to exceed $100,000,000 for each of \n fiscal years 2018 through 2022 for carrying out subsections \n (b)(3), (b)(8), and (g), except that not less than 20 percent \n of the amounts appropriated pursuant to this paragraph in a \n fiscal year shall be used for carrying out subsection (b)(8)''.\n\nSEC. 102. STATE MANAGEMENT ASSISTANCE.\n\n (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. \n1256(a)) is amended--\n (1) by striking ``and'' at the end of paragraph (1);\n (2) by striking the semicolon at the end of paragraph (2) \n and inserting ``; and''; and\n (3) by inserting after paragraph (2) the following:\n ``(3) such sums as may be necessary for each of fiscal \n years 1991 through 2017, and $300,000,000 for each of fiscal \n years 2018 through 2022;''.\n (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is \namended by striking ``Beginning in fiscal year 1974 the'' and inserting \n``The''.\n\nSEC. 103. WATERSHED PILOT PROJECTS.\n\n Section 122(c) is amended to read as follows:\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $120,000,000 for each of fiscal \nyears 2018 through 2022.''.\n\nSEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS.\n\n Section 319(j) (33 U.S.C. 1329(j)) is amended by striking \n``$70,000,000'' and all that follows through ``fiscal year 1991'' and \ninserting ``$200,000,000 for each of fiscal years 2018 through 2022''.\n\n Subtitle B--State Water Pollution Control Revolving Funds\n\nSEC. 121. CAPITALIZATION GRANT AGREEMENTS.\n\n Section 602(b) (33 U.S.C. 1382(b)) is amended--\n (1) in paragraph (13)(B)(iii), by striking ``; and'' and \n inserting a semicolon;\n (2) in paragraph (14), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following:\n ``(15) the State will use at least 15 percent of the amount \n of each capitalization grant received by the State under this \n title after September 30, 2017, to provide assistance to \n municipalities of fewer than 10,000 individuals that meet the \n affordability criteria established by the State under section \n 603(i)(2) for projects or activities included on the State's \n priority list under section 603(g), to the extent that there \n are sufficient applications for such assistance.''.\n\nSEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.\n\n Section 603(d) (33 U.S.C. 1383(d)) is amended--\n (1) by striking ``and'' at the end of paragraph (6);\n (2) by striking the period at the end of paragraph (7) and \n inserting a semicolon; and\n (3) by adding at the end the following:\n ``(8) to provide grants to owners and operators of \n treatment works that serve a population of 10,000 or fewer for \n obtaining technical and planning assistance and assistance in \n financial management, user fee analysis, budgeting, capital \n improvement planning, facility operation and maintenance, \n equipment replacement, and other activities to improve \n wastewater treatment plant management and operations, except \n that the total amount provided by the State in grants under \n this paragraph for a fiscal year may not exceed one percent of \n the total amount of assistance provided by the State from the \n fund in the preceding fiscal year, or 2 percent of the total \n amount received by the State in capitalization grants under \n this title in the preceding fiscal year, whichever amount is \n greatest; and\n ``(9) to provide grants to owners and operators of \n treatment works for conducting an assessment of the energy and \n water consumption of the treatment works, and evaluating \n potential opportunities for energy and water conservation \n through facility operation and maintenance, equipment \n replacement, and projects or activities that promote the \n efficient use of energy and water by the treatment works, \n except that the total amount provided by the State in grants \n under this paragraph for a fiscal year may not exceed one \n percent of the total amount of assistance provided by the State \n from the fund in the preceding fiscal year, or 2 percent of the \n total amount received by the State in capitalization grants \n under this title in the preceding fiscal year, whichever amount \n is greatest.''.\n\nSEC. 123. STATE PLANNING ASSISTANCE.\n\n Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 \npercent'' and inserting ``2 percent''.\n\nSEC. 124. INTENDED USE PLAN.\n\n (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) \nis amended to read as follows:\n ``(g) Priority List.--\n ``(1) In general.--For fiscal year 2019 and each fiscal \n year thereafter, a State shall establish or update a list of \n projects and activities for which assistance is sought from the \n State's water pollution control revolving fund. Such projects \n and activities shall be listed in priority order based on the \n methodology established under paragraph (2). The State may \n provide financial assistance from the State's water pollution \n control revolving fund only with respect to a project or \n activity included on such list. In the case of projects and \n activities eligible for assistance under subsection (c)(2), the \n State may include on such list a category or subcategory of \n nonpoint sources of pollution to be addressed.\n ``(2) Methodology.--\n ``(A) In general.--Not later than 1 year after the \n date of enactment of this paragraph, and after \n providing notice and opportunity for public comment, \n each State shall establish a methodology for developing \n a priority list under paragraph (1).\n ``(B) Priority for projects and activities that \n achieve greatest water quality improvement.--In \n developing the methodology, the State shall seek to \n achieve the greatest degree of water quality \n improvement, taking into consideration--\n ``(i) the requirements of section \n 602(b)(5);\n ``(ii) whether such water quality \n improvements would be realized without \n assistance under this title; and\n ``(iii) whether the proposed projects and \n activities would address water quality \n impairments associated with existing treatment \n works.\n ``(C) Considerations in selecting projects and \n activities.--In determining which projects and \n activities will achieve the greatest degree of water \n quality improvement, the State shall consider--\n ``(i) information developed by the State \n under sections 303(d) and 305(b);\n ``(ii) the State's continuing planning \n process developed under sections 205(j) and \n 303(e);\n ``(iii) whether such project or activity \n may have a beneficial impact related to the \n purposes identified under section 302(a);\n ``(iv) the State's management program \n developed under section 319; and\n ``(v) conservation and management plans \n developed under section 320 with respect to an \n estuary lying in whole or in part within the \n State.\n ``(D) Nonpoint sources.--For categories or \n subcategories of nonpoint sources of pollution that a \n State may include on its priority list under paragraph \n (1), the State shall consider the cumulative water \n quality improvements associated with projects or \n activities carried out pursuant to the listing of such \n categories or subcategories.\n ``(E) Existing methodologies.--If a State has \n previously developed, after providing notice and an \n opportunity for public comment, a methodology that \n meets the requirements of this paragraph, the State may \n use the methodology for the purposes of this \n subsection.''.\n (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is \namended--\n (1) in the matter preceding paragraph (1) by inserting \n ``and publish'' after ``each State shall annually prepare'';\n (2) by striking paragraph (1) and inserting the following:\n ``(1) the State's priority list developed under section \n 603(g);'';\n (3) in paragraph (4), by striking ``and'' at the end;\n (4) by striking the period at the end of paragraph (5) and \n inserting ``; and''; and\n (5) by adding at the end the following:\n ``(6) if the State does not fund projects and activities in \n the order of the priority established under section 603(g), an \n explanation of why such a change in order is appropriate.''.\n (c) Transitional Provision.--Before completion of a priority list \nbased on a methodology established under section 603(g) of the Federal \nWater Pollution Control Act (as amended by this section), a State shall \ncontinue to comply with the requirements of sections 603(g) and 606(c) \nof such Act, as in effect on the day before the date of enactment of \nthis Act.\n\nSEC. 125. TECHNICAL ASSISTANCE.\n\n Section 607 is amended to read as follows:\n\n``SEC. 607. TECHNICAL ASSISTANCE.\n\n ``(a) Simplified Procedures.--Not later than 1 year after the date \nof enactment of this section, the Administrator shall assist the States \nin establishing simplified procedures for treatment works to obtain \nassistance under this title.\n ``(b) Publication of Manual.--Not later than 2 years after the date \nof the enactment of this section, and after providing notice and \nopportunity for public comment, the Administrator shall publish a \nmanual to assist treatment works in obtaining assistance under this \ntitle and publish in the Federal Register notice of the availability of \nthe manual.''.\n\nSEC. 126. AUTHORIZATION OF APPROPRIATIONS.\n\n Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to carry out the purposes \nof this title $4,000,000,000 for each of fiscal years fiscal year 2018 \nthrough 2022.''.\n\n TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER \n GRANTS\n\nSEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.\n\n (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is \namended by striking paragraph (2) and redesignating paragraph (3) as \nparagraph (2).\n (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. \n1300(e)) is amended by striking subsection (e) and redesignating \nsubsections (f) through (j) as subsections (e) through (i), \nrespectively.\n (c) Definitions.--Section 220(h)(1) (as redesignated by subsection \n(c) of this section) is amended by striking ``or wastewater or by \ntreating wastewater'' and inserting ``, wastewater, or stormwater or by \ntreating wastewater or stormwater''.\n (d) Authorization of Appropriations.--Section 220(i) (as \nredesignated by subsection (c) of this section) is amended by striking \n``$75,000,000 for fiscal years 2002 through 2004'' and inserting \n``$75,000,000 for each of fiscal years 2018 through 2022''.\n\nSEC. 202. SEWER OVERFLOW CONTROL GRANTS.\n\n Section 221 (33 U.S.C. 1301) is amended--\n (1) by amending the section heading to read as follows: \n ``sewer overflow and stormwater reuse municipal grants'';\n (2) by amending subsection (a) to read as follows:\n ``(a) In General.--\n ``(1) Grants to states.--The Administrator may make grants \n to States for the purpose of providing grants to a municipality \n or municipal entity for planning, design, and construction of \n treatment works to intercept, transport, control, treat, or \n reuse municipal combined sewer overflows, sanitary sewer \n overflows, or stormwater.\n ``(2) Direct municipal grants.--Subject to subsection (g), \n the Administrator may make a direct grant to a municipality or \n municipal entity for the purposes described in paragraph \n (1).'';\n (3) by amending subsection (e) to read as follows:\n ``(e) Administrative Requirements.--A project that receives \nassistance under this section shall be carried out subject to the same \nrequirements as a project that receives assistance from a State water \npollution control revolving fund under title VI, except to the extent \nthat the Governor of the State in which the project is located \ndetermines that a requirement of title VI is inconsistent with the \npurposes of this section. For the purposes of this subsection, a \nGovernor may not determine that the requirements of title VI relating \nto the application of section 513 are inconsistent with the purposes of \nthis section.'';\n (4) by amending subsection (f) to read as follows:\n ``(f) Authorization of Appropriations.--\n ``(1) In general.--There is authorized to be appropriated \n to carry out this section $500,000,000 for each of fiscal years \n 2018 through 2022.\n ``(2) Minimum allocations.--To the extent there are \n sufficient eligible project applications, the Administrator \n shall ensure that a State uses not less than 20 percent of the \n amount of the grants made to the State under subsection (a) in \n a fiscal year to carry out projects to intercept, transport, \n control, treat, or reuse municipal combined sewer overflows, \n sanitary sewer overflows, or stormwater through the use of \n green infrastructure, water and energy efficiency improvements, \n and other environmentally innovative activities.''; and\n (5) by amending subsection (g) to read as follows:\n ``(g) Allocation of Funds.--\n ``(1) Fiscal year 2018.--Subject to subsection (h), the \n Administrator shall use the amounts appropriated to carry out \n this section for fiscal year 2018 for making grants to \n municipalities and municipal entities under subsection (a)(2) \n in accordance with the criteria set forth in subsection (b).\n ``(2) Fiscal year 2019 and thereafter.--Subject to \n subsection (h), the Administrator shall use the amounts \n appropriated to carry out this section for fiscal year 2019 and \n each fiscal year thereafter for making grants to States under \n subsection (a)(1) in accordance with a formula to be \n established by the Administrator, after providing notice and an \n opportunity for public comment, that allocates to each State a \n proportional share of such amounts based on the total needs of \n the State for municipal combined sewer overflow controls, \n sanitary sewer overflow controls, and stormwater identified in \n the most recent survey conducted pursuant to section 516 and \n any other information the Administrator considers \n appropriate.''.","summary":"Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training, state and interstate water pollution control programs, wet weather watershed pilot projects. A grant program for implementing state management programs for controlling pollution added from nonpoint sources to navigable waters, a grant program for protecting groundwater quality, clean water state revolving funds, a pilot program for alternative water source projects. And sewer overflow and stormwater reuse municipal grants . The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants.","title":"Water Quality Protection and Job Creation Act of 2017","text_len":19718,"sum_len":969} {"bill_id":"103_hr691","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Competitiveness Tax Credit Act''.\n\nSEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER \n PRODUCTIVE EQUIPMENT.\n\n (a) Allowance of Credit.--Section 46 of the Internal Revenue Code \nof 1986 (relating to amount of investment credit) is amended by \nstriking ``and'' at the end of paragraph (2), by striking the period at \nthe end of paragraph (3) and inserting ``, and'', and by adding at the \nend the following new paragraph:\n ``(4) the manufacturing and other productive equipment \n credit.''\n (b) Amount of Credit.--Section 48 of such Code is amended by adding \nat the end the following new subsection:\n ``(c) Manufacturing and Other Productive Equipment Credit.--\n ``(1) In general.--For purposes of section 46, the \n manufacturing and other productive equipment credit for any \n taxable year is an amount equal to the sum of--\n ``(A) the domestic equipment credit, and\n ``(B) the nondomestic equipment credit.\n ``(2) Amount of domestic and nondomestic equipment \n credits.--For purposes of this subsection--\n ``(A) Domestic equipment credit.--\n ``(i) In general.--The domestic equipment \n credit for any taxable year is 10 percent of \n the amount equal to the product of--\n ``(I) the domestic equipment ratio, \n and\n ``(II) the qualified increase \n amount.\n ``(ii) Domestic equipment ratio.--The \n domestic equipment ratio for any taxable year \n is a fraction in which--\n ``(I) the numerator is the \n aggregate bases of the qualified \n manufacturing and other productive \n equipment properties placed in service \n during such taxable year which are of \n domestic origin, and\n ``(II) the denominator is the \n aggregate bases of all qualified \n manufacturing and other productive \n equipment properties placed in service \n during such taxable year.\n ``(B) Nondomestic equipment credit.--\n ``(i) In general.--The nondomestic \n equipment credit for any taxable year is 7 \n percent of the amount equal to the product of--\n ``(I) the nondomestic equipment \n ratio, and\n ``(II) the qualified increase \n amount.\n ``(ii) Nondomestic equipment ratio.--The \n nondomestic equipment ratio for any taxable \n year is a fraction in which--\n ``(I) the numerator is the \n aggregate bases of the qualified \n manufacturing and other productive \n equipment properties placed in service \n during such taxable year which are not \n of domestic origin, and\n ``(II) the denominator is the \n aggregate bases of all qualified \n manufacturing and other productuve \n equipment properties placed in service \n during such taxable year.\n ``(C) Determination of domestic origin.--\n ``(i) In general.--Property shall be \n treated as being of domestic origin only if--\n ``(I) the property was completed in \n the United States, and\n ``(II) at least 50 percent of the \n basis of the property is attributable \n to value added within the United \n States.\n ``(ii) United states.--The term `United \n States' includes the Commonwealth of Puerto \n Rico and the possessions of the United States.\n ``(3) Qualified manufacturing and other productive \n equipment property.--For purposes of this subsection--\n ``(A) In general.--The term `qualified \n manufacturing and other productive equipment property' \n means any property--\n ``(i) which is used as an integral part of \n the manufacture or production of tangible \n personal property and increases the efficiency \n of the manufacturing or production process;\n ``(ii) which is tangible property to which \n section 168 applies, other than 3-year property \n (within the meaning of section 168(e)),\n ``(iii) which is section 1245 property (as \n defined in section 1245(a)(3)), and\n ``(iv)(I) the construction, reconstruction, \n or erection of which is completed by the \n taxpayer, or\n ``(II) which is acquired by the taxpayer, \n if the original use of such property commences \n with the taxpayer.\n ``(B) Special rule for computer software.--In the \n case of any computer software--\n ``(i) which is used to control or monitor a \n manufacturing or production process,\n ``(ii) which increases the efficiency of \n the manufacturing or production process, and\n ``(iii) with respect to which depreciation \n (or amortization in lieu of depreciation) is \n allowable,\n such software shall be treated as qualified \n manufacturing and other productive equipment property.\n ``(4) Qualified increase amount.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified increase \n amount' means the excess (if any) of--\n ``(i) the aggregate bases of qualified \n manufacturing and other productive equipment \n properties placed in service during the taxable \n year, over\n ``(ii) the base amount.\n ``(B) Base amount.--The term `base amount' means \n the product of--\n ``(i) the fixed-base percentage, and\n ``(ii) the average annual gross receipts of \n the taxpayer for the 4 taxable years preceding \n the taxable year for which the credit is being \n determined (in this subsection referred to as \n the `credit year').\n ``(C) Minimum base amount.--In no event shall the \n base amount be less than 50 percent of the amount \n determined under subparagraph (A)(i).\n ``(D) Fixed-base percentage.--\n ``(i) In general.--The fixed-base \n percentage is the percentage which the \n aggregate amounts described in subparagraph \n (A)(i) for taxable years beginning after \n December 31, 1987, and before January 1, 1993, \n is of the aggregate gross receipts of the \n taxpayer for such taxable years.\n ``(ii) Rounding.--The percentages \n determined under clause (i) shall be rounded to \n the nearest \\1\/100\\ of 1 percent.\n ``(E) Other rules.--Rules similar to the rules of \n paragraphs (4) and (5) of section 41(c) shall apply for \n purposes of this paragraph.\n ``(5) Coordination with other credits.--This subsection \n shall not apply to any property to which the energy credit or \n rehabilitation credit would apply unless the taxpayer elects to \n waive the application of such credits to such property.\n ``(6) Certain progress expenditure rules made applicable.--\n Rules similar to rules of subsections (c)(4) and (d) of section \n 46 (as in effect on the day before the date of the enactment of \n the Revenue Reconciliation Act of 1990) shall apply for \n purposes of this subsection.\n ``(7) Termination date.--This subsection shall not apply to \n any property placed in service after the expiration of the 2-\n year period beginning on the date of the enactment of this \n Act.''\n (c) Technical Amendments.--\n (1) Clause (ii) of section 49(a)(1)(C) of such Code is \n amended by inserting ``or qualified manufacturing and other \n productive equipment property'' after ``energy property''.\n (2) Subparagraph (E) of section 50(a)(2) of such Code is \n amended by inserting ``or 48(c)(6)'' before the period at the \n end.\n (3)(A) The section heading for section 48 of such Code is \n amended to read as follows:\n\n``SEC. 48. OTHER CREDITS.''\n\n (B) The table of sections for subpart E of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the item relating to section 48 and inserting the following:\n\n``Sec. 48. Other credits.''\n (d) Effective Date.--The amendments made by this section shall \napply to--\n (1) property acquired by the taxpayer after the date of the \n enactment of this Act, and\n (2) property the construction, reconstruction, or erection \n of which is completed by the taxpayer after the date of the \n enactment of this Act, but only to the extent of the basis \n thereof attributable to construction, reconstruction, or \n erection after such date.","summary":"Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. Makes such credit applicable for the two-year period beginning on the date of enactment of this Act.","title":"Competitiveness Tax Credit Act","text_len":10931,"sum_len":317} {"bill_id":"106_s1488","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cardiac Arrest Survival Act of \n1999''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Each year more than 250,000 adults suffer cardiac \n arrest, usually away from a hospital. More than 95 percent of \n them will die, in many cases because cardiopulmonary \n resuscitation (``CPR''), defibrillation, and advanced life \n support are provided too late to reverse the cardiac arrest. \n These cardiac arrests occur primarily from occult underlying \n heart disease and from drowning, allergic or sensitivity \n reactions, or electrical shocks.\n (2) Every minute that passes before returning the heart to \n a normal rhythm after a cardiac arrest causes the chance of \n survival to fall by 10 percent.\n (3) In communities where strong public access to \n defibrillation programs have been implemented, survival from \n cardiac arrest has improved by as much as 20 percent.\n (4) Survival from cardiac arrest requires successful early \n implementation of a chain of events, known as the chain of \n survival, which must be initiated as soon as the person \n sustains a cardiac arrest and must continue until the person \n arrives at the hospital.\n (5) The chain of survival is the medical standard of care \n for treatment of cardiac arrest.\n (6) A successful chain of survival requires the first \n person on the scene to take rapid and simple initial steps to \n care for the patient and to assure that the patient promptly \n enters the emergency medical services system. These steps \n include--\n (A) recognizing an emergency and activating the \n emergency medical services system;\n (B) beginning CPR; and\n (C) using an automated external defibrillator \n (``AED'') if one is available at the scene.\n (7) The first persons at the scene of an arrest are \n typically lay persons who are friends or family of the victim, \n fire services, public safety personnel, basic life support \n emergency medical services providers, teachers, coaches and \n supervisors of sports or other extracurricular activities, \n providers of day care, school bus drivers, lifeguards, \n attendants at public gatherings, coworkers, and other leaders \n within the community.\n (8) The Federal Government should facilitate programs for \n the placement of AEDs in public buildings, including provisions \n regarding the training of personnel in CPR and AED use, \n integration with the emergency medical services system, and \n maintenance of the devices.\n\nSEC. 3. RECOMMENDATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES \n REGARDING PLACEMENT OF AUTOMATIC EXTERNAL DEFIBRILLATORS \n IN BUILDINGS.\n\n Part B of title II of the Public Health Service Act (42 U.S.C. 238 \net seq.) is amended by adding at the end the following section:\n\n ``recommendations regarding placement of automated external \n defibrillators in buildings\n\n ``Sec. 247. (a) Recommendation for Federal Buildings.--\n ``(1) In General.--Not later than 90 days after the date of \n the enactment of the Cardiac Arrest Survival Act of 1999, the \n Secretary shall assist in providing for an improvement in the \n survival rates of individuals who experience cardiac arrest in \n Federal buildings by publishing in the Federal Register for \n public comment the recommendations of the Secretary with \n respect to placing automatic external defibrillators in such \n buildings. The Secretary shall in addition assist Federal \n agencies in implementing programs for such placement.\n ``(2) Agency assessments.--Not later than 180 days after \n the date on which the recommendations are published under \n paragraph (1), the head of each Federal agency that occupies a \n Federal building that meets the criteria described in \n subsection (a)(1) shall submit to the Secretary an assessment \n of the ability of each such agency to meet the goals described \n in subsection (c).\n ``(b) Additional Recommendations.--The Secretary shall publish, as \npart of the recommendations referred to in subsection (a), \nrecommendations with respect to the placement of automatic external \ndefibrillators in buildings and facilities, or other appropriate \nvenues, frequented by the public (other than the buildings referred to \nin subsection (a)). Such recommendations shall only be for information \npurposes for States and localities to consider in determining policy \nregarding the use or placement of such defibrillators in recommended \nbuildings, facilities or venues.\n ``(c) Consideration of Certain Goals for Survival Rates.--In \ncarrying out this section, the Secretary shall consider the goals \nestablished by national public-health organizations for improving the \nsurvival rates of individuals who experience cardiac arrest in \nnonhospital settings, including goals for minimizing the time elapsing \nbetween the onset of cardiac arrest and the initial medical response.\n ``(d) Certain Procedures.--The matters addressed by the Secretary \nin the recommendations under subsections (a) and (b) shall include the \nfollowing:\n ``(1) Procedures for implementing appropriate nationally \n recognized training courses in performing cardiopulmonary \n resuscitation and the use of automatic external defibrillators.\n ``(2) Procedures for proper maintenance and testing of such \n devices, according to the guidelines of the manufacturer of the \n devices.\n ``(3) Procedures for ensuring direct involvement of a \n licensed medical professional and coordination with local \n emergency medical services in the oversight of training and \n notification of incidents of the use of the devices.\n ``(4) Procedures for ensuring notification of an agent of \n the local emergency medical system dispatch center of the \n location and type of device.\n ``(e) Certain Criteria.--In making recommendations under \nsubsections (a) and (b), the Secretary shall determine the following:\n ``(1) Criteria for selecting the public buildings, \n facilities and other venues in which automatic external \n defibrillators should be placed, taking into account--\n ``(A) the typical number of employees and visitors \n in the buildings, facilities or venues;\n ``(B) the extent of the need for security measures \n regarding the buildings, facilities or venues;\n ``(C) buildings, facilities or other venues, or \n portions thereof, in which there are special \n circumstances such as high electrical voltage or \n extreme heat or cold; and\n ``(D) such other factors as the Secretary \n determines to be appropriate.\n ``(2) Criteria regarding the maintenance of such devices \n (consistent with the labeling for the devices).\n ``(3) Criteria for coordinating the use of the devices in \n public buildings, facilities or other venues with providers of \n emergency medical services for the geographic areas in which \n the buildings, facilities or venues are located.''.\n\nSEC. 4. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY USE OF AUTOMATED \n EXTERNAL DEFIBRILLATORS.\n\n Part B of title II of the Public Health Service Act, as amended by \nsection 3 of this Act, is amended by adding at the end the following \nsection:\n\n ``liability regarding emergency use of automated external \n defibrillators\n\n ``Sec. 248. (a) Persons Using AEDs.--Any person who provides \nemergency medical care through the use of an automated external \ndefibrillator is immune from civil liability for any personal injury or \nwrongful death resulting from the provision of such care, except as \nprovided in subsection (c).\n ``(b) Other Persons Involved With AEDs; Special Rules for \nAcquirers.--\n ``(1) In general.--With respect to a personal injury or \n wrongful death to which subsection (a) applies, in addition to \n the person who provided emergency medical care through the use \n of the automated external defibrillator, the person described \n in paragraph (2) is with respect to the device immune from \n civil liability for the personal injury or wrongful death in \n accordance with such paragraph, except as provided in \n subsection (c).\n ``(2) Person described.--A person described in this \n paragraph is the person who acquired the device for use at a \n nonmedical facility (in this paragraph referred to as the \n `acquirer'). Such person shall be immune from liability as \n provided for in paragraph (1) if the following conditions are \n met:\n ``(A) The condition that the acquirer notified \n local emergency response personnel of the most recent \n placement of the device within a reasonable period of \n time after the device was placed.\n ``(B) The condition that, as of the date on which \n the emergency occurred, the device had been maintained \n and tested in accordance with the guidelines \n established for the device by the manufacturer of the \n device.\n ``(C) In any case in which the person who provided \n the emergency medical care through the use of the \n device was an employee or agent of the acquirer, and \n the employee or agent was within the class of persons \n the acquirer expected would use the device in the event \n of a relevant emergency, the condition that the \n employee or agent received reasonable instruction in \n the use of such devices through a course approved by \n the Secretary or by the chief public health officer of \n any of the States.\n ``(c) Inapplicability of Immunity.--Immunity under subsections (a) \nand (b) does not apply to a person if--\n ``(1) the person engaged in gross negligence or willful or \n wanton misconduct in the circumstances described in such \n subsections that apply to the person with respect to automated \n external defibrillators; or\n ``(2) the person was a licensed or certified medical \n professional who was using the automated external defibrillator \n while acting within the scope of their license or \n certification, and within the scope of their employment as a \n medical professional.\n ``(d) Rules of Construction.--\n ``(1) In general.--The following applies with respect to \n this section:\n ``(A) This section is not applicable in any State \n that (before, on, or after the date of the enactment of \n the Cardiac Arrest Survival Act of 1999) provides \n through statute or regulations any degree of immunity \n for any class of persons for civil liability for \n personal injury or wrongful death arising from the \n provision of emergency medical care through the use of \n an automated external defibrillator.\n ``(B) This section does not waive any protection \n from liability for Federal officers or employees \n under--\n ``(i) section 224; or\n ``(ii) sections 1346(b), 2672 and 2679 of \n title 28, United States Code, or under \n alternative benefits provided by the United \n States where the availability of such benefits \n precludes a remedy under section 1346(b) of \n title 28.\n ``(C) This section does not require that an \n automated external defibrillator be placed at any \n building or other location.\n ``(2) Civil actions under federal law.--\n ``(A) In general.--The applicability of subsections \n (a) through (c) includes applicability to any action \n for civil liability described in subsection (a) that \n arises under Federal law.\n ``(B) Federal areas adopting state law.--If a \n geographic area is under Federal jurisdiction and is \n located within a State but out of the jurisdiction of \n the State, and if, pursuant to Federal law, the law of \n the State applies in such area regarding matters for \n which there is no applicable Federal law, then an \n action for civil liability described in subsection (a) \n that in such area arises under the law of the State is \n subject to subsections (a) through (c) in lieu of any \n related State law that would apply in such area in the \n absence of this subparagraph.''.\n\n Passed the Senate November 19, 1999.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Requires the Secretary to determine criteria for: (1) the selection of the Federal public buildings in which defibrillators should be placed, (2) defibrillator maintenance. And (3) the coordination of the use of the defibrillators in public buildings, facilities, or other venues with emergency medical services providers for the geographic areas in which the buildings are located. Provides that any person who provides emergency medical care through the use of a defibrillator, and the person who acquired the device are immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, unless the person engaged in gross negligence or willful or wanton misconduct under the applicable circumstances, or the person was a licensed or certified medical professional who was using the defibrillator while acting within the scope of employment as a medical professional.","title":"Cardiac Arrest Survival Act of 1999","text_len":13906,"sum_len":915} {"bill_id":"112_hr5946","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Savings Act of 2012''.\n\nSEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM.\n\n (a) In General.--The Undersecretary of Defense (Comptroller) shall \ncarry out a 5-year pilot program to develop innovative consumer \nfinancial products that encourage savings and wealth-creation among \nactive-duty servicemembers.\n (b) Objectives.--Financial products developed under this section \nmay seek to--\n (1) increase the rate of savings among active-duty \n servicemembers by providing automatic deposit into a savings \n account of special pay and allowances received by a \n servicemember, including special pay and allowances received on \n account of the servicemember's deployment;\n (2) reduce the need for high-cost short-term lending \n services by providing alternatives to servicemembers, such as \n financial institutions providing an option for servicemembers \n to receive advances on their salary payments, such that \n servicemembers receive pay in more frequent installments, and \n where any interest or fees on such advances shall not exceed \n the rate described in section 987(b) of title 10, United States \n Code and shall adhere to the Affordable Small Dollar Lending \n Guidelines of the Federal Deposit Insurance Corporation;\n (3) address obstacles to traditional consumer banking and \n lending for servicemembers with limited credit history; and\n (4) otherwise encourage savings and wealth-creation among \n active-duty servicemembers.\n (c) No Exacerbation of Credit Overextension.--The pilot program \ncarried out under this section shall be carried out in such a way that \nit does not exacerbate the incidence of credit overextension among \nservicemembers.\n (d) Implementation.--\n (1) Selection of military installations.--The \n Undersecretary shall choose at least 10 military installations \n on which to implement the pilot program.\n (2) Incorporation into operating agreements.--With respect \n to a military installation chosen by the Undersecretary under \n paragraph (1), a financial institution seeking to begin \n operating on such installation, or seeking to renew an \n agreement to operate on such installation, shall--\n (A) agree to offer the consumer financial products \n developed under this section; and\n (B) notify servicemembers that are customers of the \n institution about the availability of the consumer \n financial products developed under this section.\n (e) Consultation.--In developing consumer financial products under \nthis section, the Undersecretary shall consult with Federal banking \nregulators with expertise in depository institutions, Federal agencies \nwith experience regulating financial products, and consumer and \nmilitary service organizations with relevant financial expertise.\n (f) Independent Evaluation.--\n (1) In general.--Not later than the end of the 2-year \n period beginning on the date of the enactment of this Act, and \n annually thereafter until the end of the pilot program, the \n Undersecretary shall contract for an independent evaluation of \n the pilot program carried out under this section. Such \n evaluation--\n (A) shall include the degree to which the pilot \n program succeeded in the goals of increasing usage of \n savings products, programs, and tools; and\n (B) shall be conducted by a contractor with \n knowledge of consumer financial products and experience \n in the evaluation of such products.\n (2) Report.--After each evaluation carried out pursuant to \n paragraph (1), the Undersecretary shall issue a report to the \n Committees on Armed Services and Financial Services of the \n House of Representatives and the Committees on Armed Services \n and Banking, Housing, and Urban Affairs of the Senate \n containing all findings and conclusions made by the contractor \n in carrying out such evaluation.\n (g) Expansion of Pilot Program.--Notwithstanding subsection (a), \nthe Undersecretary may expand the pilot program, including extending \nthe duration of the program and expanding the program to make it a \nnationwide program, to the extent determined appropriate by the \nUndersecretary, if the Undersecretary determines that such expansion is \nexpected to--\n (1) improve the rates of savings among servicemembers and \n their families; or\n (2) decrease the need for servicemembers and their families \n to rely on payday lenders without exacerbating credit \n overextension.\n (h) Financial Institution Defined.--For purposes of this section, \nthe term ``financial institution'' means an insured depository \ninstitution (as defined under section 3(c)(2) of the Federal Deposit \nInsurance Act (12 U.S.C. 1813(c)(2))) or a credit union.","summary":"Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program. Directs the Undersecretary to contract for an annual independent program evaluation until its termination. Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration.","title":"To direct the Undersecretary of Defense (Comptroller) to carry out a pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers.","text_len":5208,"sum_len":723} {"bill_id":"114_s3","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Creating Opportunities for Rural \nEconomic Expansion Act'' or the ``CORE Act''.\n\nSEC. 2. ADDITIONAL NEW MARKETS TAX CREDIT FOR DISTRESSED COAL \n COMMUNITIES.\n\n (a) In General.--Section 45D(f) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new paragraph:\n ``(4) Set aside of portion of limitation for distressed \n coal communities.--\n ``(A) In general.--For any calendar year after \n 2016, not less than 5 percent of the new markets tax \n credit limitation shall be allocated to qualified \n community development entities in connection with \n qualified investments the proceeds of which are \n substantially used to make qualified coal community \n investments.\n ``(B) Qualified coal community investment.--For \n purposes of this paragraph--\n ``(i) In general.--The term `qualified coal \n community investment' means--\n ``(I) any capital or equity \n investment in, or loan to, any \n qualified active distressed coal \n community business,\n ``(II) the purchase from another \n community development entity of any \n loan made by such entity which is a \n qualified coal community investment,\n ``(III) financial counseling and \n other services specified in regulations \n prescribed by the Secretary to \n businesses located in, and residents \n of, distressed coal communities, and\n ``(IV) any equity investment in, or \n loan to, any qualified community \n development entity in connection with \n qualified investments the proceeds of \n which are substantially used to make \n qualified coal community investments.\n ``(ii) Qualified active distressed coal \n community business.--The term `qualified active \n coal community business' means any business \n which would be a qualified active low-income \n community business if paragraphs (2) and (3) of \n subsection (d) were applied by substituting \n `distressed coal community' for `low-income \n community' each place it appears.\n ``(iii) Distressed coal community.--\n ``(I) In general.--The term \n `distressed coal community' means any \n low-income community which is located \n in a county which--\n ``(aa) was one of the 30 \n counties with the biggest \n employment decrease among coal \n operators (as determined under \n reports issued by the Mine \n Safety and Health \n Administration) for an \n applicable period, or\n ``(bb) is contiguous to a \n county which--\n\n ``(AA) is described \n in item (aa) and is \n within the same State \n as such county, and\n\n ``(BB) contains not \n less than 1 low-income \n community.\n\n ``(II) Applicable periods.--For \n purposes of subclause (I)(aa), the term \n `applicable period' means any of the \n following periods:\n ``(aa) Calendar year 2013 \n compared to calendar year 2012.\n ``(bb) Calendar year 2014 \n compared to calendar year 2013.\n ``(cc) Calendar year 2015 \n compared to calendar year 2014.\n ``(C) Limitation of allocation of set aside.--\n ``(i) In general.--In allocating the \n portion of the new markets tax credit \n limitation to which subparagraph (A) applies, \n the Secretary shall ensure that, with respect \n to any eligible State, not less than the \n minimum percentage of such limitation is \n allocated to qualified community development \n entities making qualified coal community \n investments in such eligible State.\n ``(ii) Minimum percentage.--For purposes of \n clause (i), the minimum percentage for any \n eligible State is the percentage equal to 80 \n percent of the ratio of--\n ``(I) the qualified coal operator \n employment decrease in such State, to\n ``(II) the total qualified coal \n operator employment decrease in all \n eligible States.\n ``(iii) Qualified coal operator employment \n decrease.--For purposes of clause (ii), the \n term `qualified coal operator employment \n decrease' means, with respect to any eligible \n State, the aggregate amount of employment \n decrease among coal operators for all counties \n in such State--\n ``(I) in which there is a low-\n income community, and\n ``(II) which are taken into account \n under item (aa) of subparagraph \n (B)(iii)(I).\n ``(iv) Eligible state.--For purposes of \n this subparagraph, the term `eligible State' \n means any State in which there is a distressed \n coal community.\n ``(D) Application of carryover.--Paragraph (3) \n shall be applied separately with respect to amounts \n described in subparagraph (A).''.\n (b) Application of Recapture Rules.--Section 45D(g)(3)(B) of the \nInternal Revenue Code of 1986 is amended by inserting ``(or, in the \ncase of an investment described in subsection (f)(4), as required under \nsuch subsection)'' after ``(b)(1)(B)''.","summary":"Creating Opportunities for Rural Economic Expansion Act or the CORE Act This bill amends the Internal Revenue Code to require at least 5 of the new markets tax credit limitation to be allocated to community development entities in connection with certain investments, financial counseling, and other services in distressed coal communities. A quot, distressed coal communityquot. Is any low-income community located in a county that: (1) was one of the 30 counties with the biggest employment decrease among coal operators over a specified time period. Or (2) is contiguous to a county that has the required decrease in employment, is located in the same state, and contains at least one low-income community.","title":"CORE Act","text_len":7850,"sum_len":709} {"bill_id":"103_hr4271","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Worker Rights and Labor Standards \nTrade Act of 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) International trade, when fair and open, can serve as \n an important factor in the economic well-being of nations; but \n the maintenance of a fair and open world trading system \n requires the enhancement and active enforcement of national and \n international trade agreements and laws by all trading nations.\n (2) As the productivity of our trading partners that are \n developing countries has risen, the ability of many of these \n countries to export goods cheaply to the United States has been \n based, in part, upon the violation of internationally \n recognized worker rights.\n (3) The exploitation of workers is an unacceptable means \n for any country, whether developed or developing, or industry \n to gain competitive advantage in international trade.\n (4) Exports to the United States from countries which fail \n to respect internationally recognized worker rights undermine \n living and working standards in both those countries as well as \n the United States, because international corporations can play \n workers in one country off against those in another with \n respect to wages and work standards in order to minimize costs.\n (5) At various times in the 20th century, international \n agreements and United States policy have explicitly stated that \n fundamental worker rights and fair labor standards are \n necessary to the workings of a fair international trading \n system.\n (6) The United States and over 160 other member nations of \n the International Labor Organization are legally obligated to \n ``endeavor to secure and maintain fair and humane conditions of \n labor for men, women, and children, both in their own countries \n and in all countries to which their commercial and industrial \n nations extend''.\n (7) For decades, United States trade negotiators, whether \n serving in Democratic or Republican administrations, have \n initiated discussions to no avail with ranking officials of the \n GATT and the International Labor Organization concerning the \n demonstrable relationship of fundamental worker rights and fair \n labor standards to prior rounds of multilateral trade \n negotiations.\n (8) The right of all workers to certain fundamental rights \n is affirmed in the following international agreements to which \n the United States is a party:\n (A) The United Nations Charter, which states in \n Article 55 that ``the United Nations shall promote \n higher standards of living, full employment, and \n conditions of economic and social progress and \n development,''.\n (B) The United Nations Universal Declaration of \n Human Rights, which states in Article 23 that \n ``Everyone has the right to work, to free choice of \n employment, to just and favorable conditions of work \n and to protection against unemployment . . . `and that' \n Everyone who works has the right to just and favorable \n remuneration ensuring for himself and his family an \n existence worthy of human dignity.''.\n (C) The United Nations International Covenant on \n Civil and Political Rights, which states in Article 8 \n that ``No one shall be required to perform forced or \n compulsory labor.''.\n (D) The Revised Charter of the Organization of \n American States, which states in Article 31 that \n ``Member States agree to dedicate every effort to \n achieve the following basic goals . . . Fair wages, \n employment opportunities, and acceptable working \n conditions for all.''.\n (E) The General Agreement on Tariffs and Trade \n which--\n (i) provides in the preamble that relations \n among countries ``in the field of trade and \n economic endeavor should be conducted with a \n view to raising standards of living and \n ensuring full employment,'';\n (ii) allows, under Article XX, any country \n to take action against products of prison \n labor; and\n (iii) incorporates by reference Article 7 \n of Chapter II of the Havana Charter which \n states that ``the members recognize that \n measures relating to employment must take fully \n into account the rights of workers under \n intergovernmental declarations, conventions, \n and agreements. The members recognize that all \n countries have a common interest in the \n achievement and maintenance of fair labor \n standards related to productivity, and thus in \n the improvement of wages and working conditions \n as productivity may permit. The members \n recognize that unfair labor conditions, \n particularly in production for export, create \n difficulties in international trade, and \n accordingly, each member shall take whatever \n action may be appropriate and feasible to \n eliminate such conditions within its \n territory.''.\n (9) The adherence of the United States to the principles \n referred to in paragraph (5) is reflected in--\n (A) the provisions of the Tariff Act of 1930 that \n prohibit the importation of goods produced by forced \n labor,\n (B) the provisions of title V of the Trade Act of \n 1974 (relating to the Generalized System of \n Preferences) that--\n (i) define internationally recognized \n worker rights as the right to association, the \n right to organize and bargain collectively, the \n prohibition of the use of any form of forced or \n compulsory labor, a minimum age for the \n employment of children, and acceptable \n conditions of work with respect to minimum \n wages, hours of work, and occupational safety \n and health; and\n (ii) prohibit the extension of trade \n preferences to any developing country that \n ``has not or is not taking steps to afford \n internationally recognized worker rights to its \n workers''; and\n (C) the provisions of section 231A of the Foreign \n Assistance Act of 1961, which allow the Overseas \n Private Investment Corporation to insure, reinsure, \n guarantee, or finance a project only if the country in \n which the project is to be undertaken ``is taking steps \n to adopt and implement laws that extend internationally \n recognized worker rights . . . to workers in that \n country.''.\n (10) Little, if any, progress has been made ``to adopt, as \n a principle of the GATT, that the denial of worker rights \n should not be a means for a country or its industries to gain \n competitive advantage in international trade'', pursuant to \n section 1101(b)(14) of the Omnibus Trade and Competitiveness \n Act of 1988.\n\nSEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS.\n\n (a) Action by the President.--The President shall seek the \nestablishment in the GATT of a working party to examine the \nrelationship of fundamental internationally recognized worker rights to \nthe articles, objectives, and related instruments of the GATT, \nparticularly the preamble, Article XXIX, and Article XX.\n (b) Objectives of Working Group.--The objectives of the working \ngroup described in subsection (a) would be to--\n (1) explore ways in which to link the conduct of \n international trade to respect for fundamental internationally \n recognized worker rights;\n (2) examine the economic impact of competition that is \n based upon trade distortions that are attributable to the \n systematic denial of fundamental internationally recognized \n worker rights;\n (3) consider and develop information on the incidence and \n effects of systematic, trade-distorting worker rights practices \n and ways to address such practices; and\n (4) establish that it is unjustifiable for any country or \n any of its industries to seek to gain competitive advantage in \n international trade through the systematic denial of \n fundamental internationally recognized worker rights.\n\nSEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE \n WORLD TRADE ORGANIZATION.\n\n The President shall seek the establishment in the World Trade \nOrganization, when such organization becomes effective, a standing \ncommittee to carry out the functions of the working group described in \nsection 3.\n\nSEC. 5. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``fundamental internationally recognized \n worker rights'' means ``internationally recognized worker \n rights'' as defined in section 502(a)(4) of the Trade Act of \n 1974.\n (2) GATT.--The term ``GATT'' means the General Agreement on \n Tariffs and Trade.","summary":"Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT. And (2) a standing committee within the World Trade Organization to perform the functions of the working group.","title":"Worker Rights and Labor Standards Trade Act of 1994","text_len":10394,"sum_len":413} {"bill_id":"107_hr3068","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Financial Privacy and National \nSecurity Enhancement Act''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is hereby established a commission to be known as the \n``Presidential Commission on Financial Privacy and National Security'' \n(hereafter in this Act referred to as the ``Commission'').\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n (a) In General.--The Commission shall conduct an ongoing study of \nthe practices in the financial service industry for protecting the \nprivacy of consumer financial information, the manner and extent to \nwhich such practices are regulated by financial service regulators, and \nways to improve and strengthen financial information privacy while \npreserving effective financial information flow for national security.\n (b) Specific Questions.--In conducting the study, the Commission \nshall address and seek comments on the following issues:\n (1) In what manner and to what extent would the existence \n of State financial privacy laws or other restrictions on the \n free flow of financial information impair or hinder the ability \n of the Federal Government to investigate money laundering or \n fraud, including identity theft?\n (2) Is the information already being distributed to the \n consumers concerning the privacy of consumer financial \n information readily understandable and is it a benefit to the \n consumer?\n (3) What is the cost, to a financial institution and \n ultimately to each consumer, of mailing or otherwise \n distributing privacy notices to each consumer in accordance \n with applicable law.\n (4) What financial information privacy concerns are not \n addressed by title V of the Gramm-Leach-Bliley Act and other \n laws and regulations implementing such title?\n (5) To what extent is there a uniform agreement among \n financial regulators on what constitutes financial privacy and \n what processes are utilized to review developments and \n technological changes in the delivery of financial services \n that may affect financial privacy?\n (6) What would be the potential impact on consumers if \n there were a variety of requirements with respect to financial \n privacy in effect under the laws of the several States and how \n would the existence of such a variety of requirements cost the \n financial services industry?\n\nSEC. 4. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 11 \nmembers :\n (1) The Chairman of the Securities and Exchange Commission, \n or a Commissioner of the Securities and Exchange Commission \n designated by the Chairman.\n (2) The Chairman of the Board of Governors of the Federal \n Reserve System, or a member of such Board designated by the \n Chairman.\n (3) The Secretary of the Treasury, or an officer of the \n Department of the Treasury designated by the Secretary.\n (4) The Attorney General, or an officer of the Department \n of Justice designated by the Attorney General.\n (5) A State insurance commissioner appointed by the \n President after consulting with the National Association of \n Insurance Commissioners.\n (6) The Speaker of the House of Representatives, or a \n designee of the Speaker.\n (7) The minority leader of the House of Representatives, or \n a designee of the minority leader.\n (8) The majority leader of the Senate, or a designee of the \n majority leader.\n (9) The minority leader of the Senate, or a designee of the \n minority leader.\n (10) 2 members appointed by the President from among \n individuals who are especially well qualified to serve by \n virtue of their education, training, and experience in the \n financial services industry.\n (b) Continuation of Membership.--If a member was appointed to the \nCommission as a Member of Congress or by virtue of such member's \nposition in the House of Representatives, the Senate, or a Federal \nagency and the member ceases to be a Member of Congress or to serve in \nany such position that member may continue as a member for not longer \nthan the 30-day period beginning on the date that member ceases to be a \nMember of Congress or serve in such position.\n (c) Terms.--\n (1) In general.--Each member shall be appointed for the \n life of the Commission.\n (2) Vacancies.--Any member appointed to fill a vacancy \n occurring before the expiration of the term for which the \n member's predecessor was appointed shall be appointed only for \n the remainder of that term. A member may serve after the \n expiration of that member's term until a successor has taken \n office.\n (d) Vacancy.--A vacancy in the Commission shall be filled in the \nmanner in which the original appointment was made.\n (e) No Pay.--Members shall serve without pay.\n (f) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n (g) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum but a lesser number may hold hearings.\n (h) Chairperson.--The Chairperson of the Commission shall be \nelected by the members from the membership of the Commission.\n (i) Meetings.--\n (1) In general.--The Commission shall meet at least once \n each calendar quarter at the call of the Chairperson or a \n majority of the members.\n (2) Open meetings required.--Section 552b of title 5, \n United States Code, shall apply.\n\nSEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.\n\n (a) Director.--The Commission may, without regard to section \n5311(b) of title 5, United States Code, have a Director who shall be \nappointed by the Commission. The Director shall be paid at a rate not \nto exceed $140,000 per year.\n (b) Staff.--The Commission may appoint and fix the pay of such \nadditional personnel as the Commission considers appropriate.\n (c) Applicability of Certain Civil Service Laws.--The Director and \nstaff of the Commission may be appointed without regard to the \nprovisions of title 5, United States Code, governing appointments in \nthe competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates, except that \nan individual so appointed may not receive pay in excess of $140,000 \nper year.\n (d) Experts and Consultants.--Subject to regulations prescribed by \nthe Commission, the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code.\n (e) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate.\n (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n\nSEC. 7. REPORT.\n\n The Commission shall transmit a final report to the President and \nthe Congress not later than March 31, 2005. The final report shall \ncontain a detailed statement of the findings and conclusions of the \nCommission, together with its recommendations for such legislative or \nadministrative actions as the Commission considers appropriate.\n\nSEC. 8. TERMINATION.\n\n The Commission shall terminate 30 days after submitting its final \nreport pursuant to section 7.\n\nSEC. 9. MORATORIUM ON STATE FINANCIAL PRIVACY LAWS.\n\n (a) In General.--During the period beginning on the date of the \nenactment of this Act and ending on the date the Commission terminates \nunder section 8, no requirement or prohibition may be imposed under the \nlaws of any State, including laws relating to the business of \ninsurance, concerning the use or disclosure by a financial institution \nof information relating to a consumer that has obtained a financial \nproduct or service from the financial institution.\n (b) Exception.--Subsection (a) shall not apply State insurance laws \nor regulations referred to in section 505(a)(6) of the Gramm-Leach-\nBliley Act.","summary":"Financial Privacy and National Security Enhancement Act - Establishes the Presidential Commission on Financial Privacy and National Security to study and report to Congress on financial service industry practices for protecting the privacy of consumer financial information, the manner and extent to which such practices are regulated by financial service regulators, and ways to improve and strengthen financial information privacy while preserving effective financial information flow for national security. Imposes a moratorium on State financial privacy laws during the period the Commission is performing its duties.","title":"To establish a Presidential commission to strengthen and improve financial privacy and national security.","text_len":9704,"sum_len":621} {"bill_id":"103_hr3670","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bias Crimes Compensation Act of \n1993''.\n\nSEC. 2. CIVIL RIGHTS.\n\n (a) Findings.--The Congress finds that--\n (1) bias-motivated crimes of violence constitute crimes in \n violation of the victim's right to be free from discrimination \n on the basis of actual or perceived race, color, gender, \n religion, national origin, ethnicity, sexual orientation, or \n physical or mental disability;\n (2) State and Federal criminal laws do not adequately \n protect against the bias element of bias-motivated crimes of \n violence, which separates these crimes from acts of random \n violence, nor do those laws adequately provide victims of bias-\n motivated crimes of violence the opportunity to vindicate their \n interests;\n (3) existing bias and discrimination in the criminal \n justice system often deprive victims of bias-motivated crimes \n of violence of equal protection of the laws and the redress to \n which they are entitled;\n (4) bias-motivated crimes of violence have a substantial \n adverse effect on interstate commerce, by deterring potential \n victims from traveling interstate, from engaging in employment \n in interstate business, and from transacting with business, and \n in places involved, in interstate commerce;\n (5) bias-motivated crimes of violence have a substantial \n adverse effect on interstate commerce, by diminishing national \n productivity, increasing medical and other costs, and \n decreasing the supply of and the demand for interstate \n products;\n (6) a Federal civil rights claim, as created in this \n section, is necessary to guarantee equal protection of the laws \n and to reduce the substantial adverse effects of bias-motivated \n crimes of violence on interstate commerce; and\n (7) victims of bias-motivated crimes of violence have a \n right to equal protection of the laws, including a system of \n justice that is unaffected by bias or discrimination and that, \n at every relevant stage, treats such crimes as seriously as \n other violent crimes.\n (b) Right.--All individuals within the United States, and the \nspecial maritime and territorial jurisdiction of the United States, \nshall have the right to be free from bias-motivated crimes of violence.\n (c) Claim.--Any person, including a person who acts under color of \nany statute, ordinance, regulation, custom, or usage of any State, who \ndeprives an individual of the right secured by subsection (b) shall be \nliable to the individual injured, in a civil action in any court of \ncompetent jurisdiction, for compensatory damages of not less than \n$100,000, punitive damages, injunctive relief, declaratory relief, or \nany combination thereof.\n (d) Limitation, Procedure, and Rule of Construction.--\n (1) Limitation.--Nothing in this section entitles an \n individual to a claim under subsection (c) for random acts of \n violence unrelated to bias or for acts that cannot be \n demonstrated, by a preponderance of the evidence, to be bias-\n motivated crimes of violence.\n (2) No prior criminal action.--Nothing in this section \n requires a prior criminal complaint, prosecution, or conviction \n to establish the necessary elements of a claim under subsection \n (c).\n (3) Concurrent jurisdiction.--The Federal and State courts \n shall have concurrent jurisdiction over actions brought \n pursuant to this section.\n (4) Rule of construction.--Neither section 1367 of title 28 \n of the United States Code nor subsection (c) of this section \n shall be construed, by reason of a claim arising under such \n subsection, to confer on the courts of the United States \n supplemental jurisdiction of any State law claim seeking the \n establishment of a divorce, alimony, equitable distribution of \n marital property, or child custody decree.\n (e) Definitions.--For purposes of this section--\n (1) the term ``bias-motivated'' means committed because of, \n on the basis of, and due to (at least in part) an animus based \n on, actual or perceived race, color, gender, religion, national \n origin, ethnicity, sexual orientation, or physical or mental \n disability of the victim;\n (2) the term ``crime of violence'' means--\n (A) an act or series of acts that would constitute \n State or Federal offense of a kind described in section \n 16 of title 18, United States Code, and punishable by a \n maximum term of imprisonment exceeding one year, but \n excludes an offense against property that presents no \n serious risk of physical or mental disability injury to \n an individual; or\n (B) one or more actions that would constitute such \n offense but for the relationship between the person who \n takes such actions and the individual against whom such \n actions are taken;\n whether or not such offense or such actions result in criminal \n charges, prosecution, or conviction and whether or not such \n actions were taken within the United States or the special \n maritime and territorial jurisdiction of the United States;\n (3) the term ``disability'' has the meaning given it in \n section 3(2) of the Americans With Disabilities Act of 1990 (42 \n U.S.C. 12102(2)); and\n (4) the term ``special maritime and territorial \n jurisdiction of the United States'' has the meaning given such \n term in section 7 of title 18, United States Code.\n (f) Limitation on Removal.--Section 1445 of title 28, United States \nCode, is amended by adding at the end the following:\n ``(d) A civil action in any State court arising under section 2 of \nthe Bias Crimes Compensation Act of 1993 may not be removed to any \ndistrict court of the United States.''.\n (g) Authority To Award Attorney's Fee.--Section 722(b) of the \nRevised Statutes of the United States (42 U.S.C. 1988(b)) is amended by \ninserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' \nafter ``Public Law 92-318,''.","summary":"Bias Crimes Compensation Act of 1993 - States that all US individuals shall have the right to be free from bias-motivated crimes of violence . Creates a Federal civil rights claim against anyone who deprives an individual of such right, with compensatory and punitive damages, and injunctive or declaratory relief. Provides limitations, procedures, and rules of construction, including the limitation that random acts of violence, as opposed to bias-motivated acts, shall not be a basis for such a claim.","title":"Bias Crimes Compensation Act of 1993","text_len":6529,"sum_len":504} {"bill_id":"107_hr4701","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sports Agent Responsibility and \nTrust Act''.\n\nSEC. 2. DEFINITIONS.\n\n As used in this Act, the following definitions apply:\n (1) Agency contract.--The term ``agency contract'' means an \n oral or written agreement in which a student athlete authorizes \n a person to negotiate or solicit on behalf of the student \n athlete a professional sports contract or an endorsement \n contract.\n (2) Athlete agent.--The term ``athlete agent'' means an \n individual who enters into an agency contract with a student \n athlete, or directly or indirectly recruits or solicits a \n student athlete to enter into an agency contract, and does not \n include a spouse, parent, sibling, grandparent, or guardian of \n such student athlete, or an individual acting solely on behalf \n of a professional sports team or professional sports \n organization.\n (3) Athletic director.--The term ``athletic director'' \n means an individual responsible for administering the athletic \n program of an educational institution or, in the case that such \n program is administered separately, the athletic program for \n male students or the athletic program for female students, as \n appropriate.\n (4) Commission.--The term ``Commission'' means the Federal \n Trade Commission.\n (5) Endorsement contract.--The term ``endorsement \n contract'' means an agreement under which a student athlete is \n employed or receives consideration for the use by the other \n party of that individual's person, name, image, or likeness in \n the promotion of any product, service, or event.\n (6) Intercollegiate sport.--The term ``intercollegiate \n sport'' means a sport played at the collegiate level for which \n eligibility requirements for participation by a student athlete \n are established by a national association for the promotion or \n regulation of college athletics.\n (7) Professional sports contract.--The term ``professional \n sports contract'' means an agreement under which an individual \n is employed, or agrees to render services, as a player on a \n professional sports team, with a professional sports \n organization, or as a professional athlete.\n (8) State.--The term ``State'' includes a State of the \n United States, the District of Columbia, Puerto Rico, the \n United States Virgin Islands, or any territory or insular \n possession subject to the jurisdiction of the United States.\n (9) Student athlete.--The term ``student athlete'' means an \n individual who engages in, is eligible to engage in, or may be \n eligible in the future to engage in, any intercollegiate sport. \n An individual who is permanently ineligible to participate in a \n particular intercollegiate sport is not a student athlete for \n purposes of that sport.\n\nSEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN \n CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND \n A STUDENT ATHLETE.\n\n (a) Conduct Prohibited.--It is unlawful for an athlete agent to--\n (1) directly or indirectly recruit or solicit a student \n athlete to enter into an agency contract, by--\n (A) giving any false or misleading information or \n making a false promise or representation; or\n (B) providing anything of value to a student \n athlete or anyone associated with the student athlete \n before the student athlete enters into an agency \n contract;\n (2) enter into an agency contract with a student athlete \n without providing the student athlete with the disclosure \n document described in subsection (b); or\n (3) predate or postdate an agency contract.\n (b) Required Disclosure by Athlete Agents to Student Athletes.--\n (1) In general.-- In conjunction with the entering into of \n an agency contract, an athlete agent shall provide to the \n student athlete, or, if the student athlete is under the age of \n 18 to such student athlete's parent or legal guardian, a \n disclosure document that meets the requirements of this \n subsection. Such disclosure document is separate from and in \n addition to any disclosure which may be required under State \n law.\n (2) Signature of student athlete.--The disclosure document \n must be signed by the student athlete, or, if the student \n athlete is under the age of 18 by such student athlete's parent \n or legal guardian, prior to entering into the agency contract.\n (3) Required language.--The disclosure document must \n contain, in close proximity to the signature of the student \n athlete, or, if the student athlete is under the age of 18, the \n signature of such student athlete's parent or legal guardian, a \n conspicuous notice in boldface type stating: ``Warning to \n Student Athlete: If you agree orally or in writing to be \n represented by an agent now or in the future you may lose your \n eligibility to compete as a student athlete in your sport. \n Within 72 hours after entering into this contract or before the \n next athletic event in which you are eligible to participate, \n whichever occurs first, both you and the agent by whom you are \n agreeing to be represented must notify the athletic director of \n the educational institution at which you are enrolled, or other \n individual responsible for athletic programs at such \n educational institution, that you have entered into an agency \n contract.''.\n\nSEC. 4. ENFORCEMENT.\n\n (a) Unfair or Deceptive Act or Practice.--A violation of this Act \nshall be treated as a violation of a rule defining an unfair or \ndeceptive act or practice prescribed under section 18(a)(1)(B) of the \nFederal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n (b) Actions by the Commission.--The Commission shall enforce this \nAct in the same manner, by the same means, and with the same \njurisdiction, powers, and duties as though all applicable terms and \nprovisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) \nwere incorporated into and made a part of this Act.\n\nSEC. 5. ACTIONS BY STATES.\n\n (a) In General.--\n (1) Civil actions.--In any case in which the attorney \n general of a State has reason to believe that an interest of \n the residents of that State has been or is threatened or \n adversely affected by the engagement of any athlete agent in a \n practice that violates section 3 of this Act, the State may \n bring a civil action on behalf of the residents of the State in \n a district court of the United States of appropriate \n jurisdiction to--\n (A) enjoin that practice;\n (B) enforce compliance with this Act;\n (C) obtain damage, restitution, or other \n compensation on behalf of residents of the State; or\n (D) obtain such other relief as the court may \n consider to be appropriate.\n (2) Notice.--\n (A) In general.--Before filing an action under \n paragraph (1), the attorney general of the State \n involved shall provide to the Commission--\n (i) written notice of that action; and\n (ii) a copy of the complaint for that \n action.\n (B) Exemption.--Subparagraph (A) shall not apply \n with respect to the filing of an action by an attorney \n general of a State under this subsection, if the \n attorney general determines that it is not feasible to \n provide the notice described in that subparagraph \n before filing of the action. In such case, the attorney \n general of a State shall provide notice and a copy of \n the complaint to the Commission at the same time as the \n attorney general files the action.\n (b) Intervention.--\n (1) In general.--On receiving notice under subsection \n (a)(2), the Commission shall have the right to intervene in the \n action that is the subject of the notice.\n (2) Effect of intervention.--If the Commission intervenes \n in an action under subsection (a), it shall have the right--\n (A) to be heard with respect to any matter that \n arises in that action; and\n (B) to file a petition for appeal.\n (c) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this title shall\nbe construed to prevent an attorney general of a State from exercising \nthe powers conferred on the attorney general by the laws of that State \nto--\n (1) conduct investigations;\n (2) administer oaths or affirmations; or\n (3) compel the attendance of witnesses or the production of \n documentary and other evidence.\n (d) Actions by the Commission.--In any case in which an action is \ninstituted by or on behalf of the Commission for a violation of section \n3, no State may, during the pendency of that action, institute an \naction under subsection (a) against any defendant named in the \ncomplaint in that action--\n (e) Venue.--Any action brought under subsection (a) may be brought \nin the district court of the United States that meets applicable \nrequirements relating to venue under section 1391 of title 28, United \nStates Code.\n (f) Service of Process.--In an action brought under subsection (a), \nprocess may be served in any district in which the defendant--\n (1) is an inhabitant; or\n (2) may be found.\n\nSEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.\n\n (a) Notice Required.--Within 72 hours after entering into an agency \ncontract or before the next athletic event in which the student athlete \nmay participate, whichever occurs first, the athlete agent and the \nstudent athlete shall each inform the athletic director of the \neducational institution at which the student athlete is enrolled, or \nother individual responsible for athletic programs at such educational \ninstitution, that the student athlete has entered into an agency \ncontract, and the athlete agent shall provide the athletic director \nwith notice in writing of such a contract.\n (b) Civil Remedy.--\n (1) In general.--An educational institution has a right of \n action against an athlete agent for damages caused by a \n violation of this Act.\n (2) Damages.--Damages of an educational institution may \n include losses and expenses incurred because, as a result of \n the conduct of the athlete agent, the educational institution \n was injured by a violation of this Act or was penalized, \n disqualified, or suspended from participation in athletics by a \n national association for the promotion and regulation of \n athletics, by an athletic conference, or by reasonable self-\n imposed disciplinary action taken to mitigate actions likely to \n be imposed by such an association or conference.\n (3) Costs and attorneys fees.--In an action taken under \n this section, the court may award to the prevailing party costs \n and reasonable attorneys fees.\n (4) Effect on other rights, remedies and defenses.--This \n section does not restrict the rights, remedies, or defenses of \n any person under law or equity.\n\nSEC. 7. SENSE OF CONGRESS.\n\n It is the sense of Congress that States should enact the Uniform \nAthlete Agents Act of 2000 drafted by the National Conference of \nCommissioners on Uniform State Laws, to protect student athletes and \nthe integrity of amateur sports from unscrupulous sports agents. In \nparticular, it is the sense of Congress that States should enact the \nprovisions relating to the registration of sports agents, the required \nform of contract, the right of the student athlete to cancel an agency \ncontract, the disclosure requirements relating to record maintenance, \nreporting, renewal, notice, warning, and security, and the provisions \nfor reciprocity among the States.\n\n\n\n\n ","summary":"Sports Agent Responsibility and Trust Act - Prohibits an agent from: (1) directly or indirectly recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information or making a false promise or representation or by providing anything of value to the athlete before entering into such a contract. (2) entering into an agency contract with a student athlete without providing the required disclosure document. Or (3) predating or postdating an agency contract. Requires an agent, in conjunction with the signing of an agency contract, to provide to the athlete a separate disclosure document that includes notice that if the athlete signs the contract he or she may lose eligibility to compete as a student athlete in that sport. Requires the student athlete to sign such document before signing the agency contract. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general under specified circumstances. Requires the agent and the athlete, within 72 hours after entering into an agency contract or before the next athletic event in which the athlete may participate, whichever occurs first, to provide notice to the educational institution that the athlete has entered into an agency contract. Grants an educational institution a right of action against an agent for damages caused by such agent's failure to provide such notice. Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws to protect student athletes and the integrity of amateur sports from unscrupulous sports agents.","title":"To designate certain conduct by sports agents relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission.","text_len":12796,"sum_len":1752} {"bill_id":"110_hr6297","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Climate Change Drinking Water \nAdaptation Research Act.''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the consensus among climate scientists is overwhelming \n that climate change is occurring more rapidly than can be \n attributed to natural causes, and that significant impacts to \n the water supply are already occurring;\n (2) among the first and most critical of those impacts will \n be change to patterns of precipitation around the world, which \n will affect water availability for the most basic drinking \n water and domestic water needs of populations in many areas of \n the United States;\n (3) drinking water utilities throughout the United States, \n as well as those in Europe, Australia, and Asia, are concerned \n that extended changes in precipitation will lead to extended \n droughts;\n (4) supplying water is highly energy-intensive and will \n become more so as climate change forces more utilities to turn \n to alternative supplies;\n (5) energy production consumes a significant percentage of \n the fresh water resources of the United States;\n (6) since 2003, the drinking water industry of the United \n States has sponsored, through a nonprofit water research \n foundation, various studies to assess the impacts of climate \n change on drinking water supplies;\n (7) those studies demonstrate the need for a comprehensive \n program of research into the full range of impacts on drinking \n water utilities, including impacts on water supplies, \n facilities, and customers;\n (8) that nonprofit water research foundation is also \n coordinating internationally with other drinking water \n utilities on shared research projects and has hosted \n international workshops with counterpart European and Asian \n water research organizations to develop a unified research \n agenda for applied research on adaptive strategies to address \n climate change impacts;\n (9) research data in existence as of the date of enactment \n of this Act--\n (A) summarize the best available scientific \n evidence on climate change;\n (B) identify the implications of climate change for \n the water cycle and the availability and quality of \n water resources; and\n (C) provide general guidance on planning and \n adaptation strategies for water utilities; and\n (10) given uncertainties about specific climate changes in \n particular areas, drinking water utilities need to prepare for \n a wider range of likely possibilities in managing and delivery \n of water.\n\nSEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER \n UTILITIES.\n\n (a) In General.--The Administrator of the Environmental Protection \nAgency, in cooperation with the Secretary of Commerce, the Secretary of \nEnergy, and the Secretary of the Interior, shall establish and provide \nfunding for a program of directed and applied research, to be conducted \nthrough a nonprofit water research foundation and sponsored by drinking \nwater utilities, to assist suppliers of drinking water in adapting to \nthe effects of climate change.\n (b) Research Areas.--The research conducted in accordance with \nsubsection (a) shall include research into--\n (1) water quality impacts and solutions, including \n research--\n (A) to address probable impacts on raw water \n quality resulting from--\n (i) erosion and turbidity from extreme \n precipitation events;\n (ii) watershed vegetation changes; and\n (iii) increasing ranges of pathogens, \n algae, and nuisance organisms resulting from \n warmer temperatures; and\n (B) on mitigating increasing damage to watersheds \n and water quality by evaluating extreme events, such as \n wildfires and hurricanes, to learn and develop \n management approaches to mitigate--\n (i) permanent watershed damage;\n (ii) quality and yield impacts on source \n waters; and\n (iii) increased costs of water treatment;\n (2) impacts on groundwater supplies from carbon \n sequestration, including research to evaluate potential water \n quality consequences of carbon sequestration in various \n regional aquifers, soil conditions, and mineral deposits;\n (3) water quantity impacts and solutions, including \n research--\n (A) to evaluate climate change impacts on water \n resources throughout hydrological basins of the United \n States;\n (B) to improve the accuracy and resolution of \n climate change models at a regional level;\n (C) to identify and explore options for increasing \n conjunctive use of aboveground and underground storage \n of water; and\n (D) to optimize operation of existing and new \n reservoirs in diminished and erratic periods of \n precipitation and runoff;\n (4) infrastructure impacts and solutions for water \n treatment facilities and underground pipelines, including \n research--\n (A) to evaluate and mitigate the impacts of sea \n level rise on--\n (i) near-shore facilities;\n (ii) soil drying and subsidence; and\n (iii) reduced flows in water and wastewater \n pipelines; and\n (B) on ways of increasing the resilience of \n existing infrastructure and development of new design \n standards for future infrastructure;\n (5) desalination, water reuse, and alternative supply \n technologies, including research--\n (A) to improve and optimize existing membrane \n technologies, and to identify and develop breakthrough \n technologies, to enable the use of seawater, brackish \n groundwater, treated wastewater, and other impaired \n sources;\n (B) into new sources of water through more cost-\n effective water treatment practices in recycling and \n desalination; and\n (C) to improve technologies for use in--\n (i) managing and minimizing the volume of \n desalination and reuse concentrate streams; and\n (ii) minimizing the environmental impacts \n of seawater intake at desalination facilities;\n (6) energy efficiency and greenhouse gas minimization, \n including research--\n (A) on optimizing the energy efficiency of water \n supply and improving water efficiency in energy \n production; and\n (B) to identify and develop renewable, carbon-\n neutral energy options for the water supply industry;\n (7) regional and hydrological basin cooperative water \n management solutions, including research into--\n (A) institutional mechanisms for greater regional \n cooperation and use of water exchanges, banking, and \n transfers; and\n (B) the economic benefits of sharing risks of \n shortage across wider areas;\n (8) utility management, decision support systems, and water \n management models, including research--\n (A) into improved decision support systems and \n modeling tools for use by water utility managers to \n assist with increased water supply uncertainty and \n adaptation strategies posed by climate change;\n (B) to provide financial tools, including new rate \n structures, to manage financial resources and \n investments, because increased conservation practices \n may diminish revenue and increase investments in \n infrastructure; and\n (C) to develop improved systems and models for use \n in evaluating--\n (i) successful alternative methods for \n conservation and demand management; and\n (ii) climate change impacts on groundwater \n resources;\n (9) reducing greenhouse gas emissions and energy demand \n management, including research to improve energy efficiency in \n water collection, production, transmission, treatment, \n distribution, and disposal to provide more sustainability and \n means to assist drinking water utilities in reducing the \n production of greenhouse gas emissions in the collection, \n production, transmission, treatment, distribution, and disposal \n of drinking water;\n (10) water conservation and demand management, including \n research--\n (A) to develop strategic approaches to water demand \n management that offer the lowest-cost, \n noninfrastructural options to serve growing populations \n or manage declining supplies, primarily through--\n (i) efficiencies in water use and \n reallocation of the saved water;\n (ii) demand management tools;\n (iii) economic incentives; and\n (iv) water-saving technologies; and\n (B) into efficiencies in water management through \n integrated water resource management that \n incorporates--\n (i) supply-side and demand-side processes;\n (ii) continuous adaptive management; and\n (iii) the inclusion of stakeholders in \n decisionmaking processes; and\n (11) communications, education, and public acceptance, \n including research--\n (A) into improved strategies and approaches for \n communicating with customers, decisionmakers, and other \n stakeholders about the implications of climate change \n on water supply; and\n (B) to develop effective communication approaches \n to gain--\n (i) public acceptance of alternative water \n supplies and new policies and practices, \n including conservation and demand management; \n and\n (ii) public recognition and acceptance of \n increased costs.\n (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $25,000,000 for each of fiscal \nyears 2009 through 2019.","summary":"Climate Change Drinking Water Adaptation Research Act - Requires the Administrator of the Environmental Protection Agency (EPA) to establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. Requires research areas to include: (1) water quality and quantity impacts and solutions, (2) impacts on groundwater supplies from carbon sequestration, (3) infrastructure impacts and solutions, (4) desalination, water reuse, and alternative supply technologies, (5) energy efficiency and greenhouse gas minimization, (6) regional and hydrological basin cooperative water management solutions, (7) utilities management, decision support systems, and water management models, (8) greenhouse gas emissions reduction and energy demand management, (9) water conservation and demand management, and (10) communications, education, and public acceptance.","title":"To enhance the ability of drinking water utilities in the United States to develop and implement climate change adaptation programs and policies, and for other purposes.","text_len":11651,"sum_len":1046} {"bill_id":"110_s2070","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Government Shutdown Prevention \nAct''.\n\nSEC. 2. AMENDMENT TO TITLE 31.\n\n (a) In General.--Chapter 13 of title 31, United States Code, is \namended by inserting after section 1310 the following new section:\n``Sec. 1311. Continuing appropriations\n ``(a)(1) If any regular appropriation bill for a fiscal year (or, \nif applicable, for each fiscal year in a biennium) does not become law \nbefore the beginning of such fiscal year or a joint resolution making \ncontinuing appropriations is not in effect, there are appropriated, out \nof any money in the Treasury not otherwise appropriated, and out of \napplicable corporate or other revenues, receipts, and funds, such sums \nas may be necessary to continue any project or activity for which funds \nwere provided in the preceding fiscal year--\n ``(A) in the corresponding regular appropriation Act for \n such preceding fiscal year; or\n ``(B) if the corresponding regular appropriation bill for \n such preceding fiscal year did not become law, then in a joint \n resolution making continuing appropriations for such preceding \n fiscal year.\n ``(2) Appropriations and funds made available, and authority \ngranted, for a project or activity for any fiscal year pursuant to this \nsection shall be at a rate of operations not in excess of the lower \nof--\n ``(A) the rate of operations provided for in the regular \n appropriation Act providing for such project or activity for \n the preceding fiscal year;\n ``(B) in the absence of such an Act, the rate of operations \n provided for such project or activity pursuant to a joint \n resolution making continuing appropriations for such preceding \n fiscal year;\n ``(C) the rate of operations provided for in the regular \n appropriation bill as passed by the House of Representatives or \n the Senate for the fiscal year in question, except that the \n lower of these two versions shall be ignored for any project or \n activity for which there is a budget request if no funding is \n provided for that project or activity in either version; or\n ``(D) the annualized rate of operations provided for in the \n most recently enacted joint resolution making continuing \n appropriations for part of that fiscal year or any funding \n levels established under the provisions of this Act.\n ``(3) Appropriations and funds made available, and authority \ngranted, for any fiscal year pursuant to this section for a project or \nactivity shall be available for the period beginning with the first day \nof a lapse in appropriations and ending with the earlier of--\n ``(A) the date on which the applicable regular \n appropriation bill for such fiscal year becomes law (whether or \n not such law provides for such project or activity) or a \n continuing resolution making appropriations becomes law, as the \n case may be; or\n ``(B) the last day of such fiscal year.\n ``(b) An appropriation or funds made available, or authority \ngranted, for a project or activity for any fiscal year pursuant to this \nsection shall be subject to the terms and conditions imposed with \nrespect to the appropriation made or funds made available for the \npreceding fiscal year, or authority granted for such project or \nactivity under current law.\n ``(c) Appropriations and funds made available, and authority \ngranted, for any project or activity for any fiscal year pursuant to \nthis section shall cover all obligations or expenditures incurred for \nsuch project or activity during the portion of such fiscal year for \nwhich this section applies to such project or activity.\n ``(d) Expenditures made for a project or activity for any fiscal \nyear pursuant to this section shall be charged to the applicable \nappropriation, fund, or authorization whenever a regular appropriation \nbill or a joint resolution making continuing appropriations until the \nend of a fiscal year providing for such project or activity for such \nperiod becomes law.\n ``(e) This section shall not apply to a project or activity during \na fiscal year if any other provision of law (other than an \nauthorization of appropriations)--\n ``(1) makes an appropriation, makes funds available, or \n grants authority for such project or activity to continue for \n such period; or\n ``(2) specifically provides that no appropriation shall be \n made, no funds shall be made available, or no authority shall \n be granted for such project or activity to continue for such \n period.\n ``(f) For purposes of this section, the term `regular appropriation \nbill' means any annual appropriation bill making appropriations, \notherwise making funds available, or granting authority, for any of the \nfollowing categories of projects and activities:\n ``(1) Agriculture, rural development, Food and Drug \n Administration, and related agencies programs.\n ``(2) The Departments of Commerce, Justice, Science, and \n related agencies.\n ``(3) The Department of Defense.\n ``(4) Energy and water development, and related agencies.\n ``(5) Financial services and general government.\n ``(6) The Department of Homeland Security.\n ``(7) The Department of Interior, environment, and related \n agencies.\n ``(8) The Department of Labor, Health and Human Services, \n and Education, and related agencies.\n ``(9) The legislative branch.\n ``(10) Military construction and veterans affairs.\n ``(11) The Department of State, foreign operations, and \n related programs.\n ``(12) The Transportation, Housing and Urban Development, \n and related agencies.''.\n (b) Clerical Amendment.--The analysis of chapter 13 of title 31, \nUnited States Code, is amended by inserting after the item relating to \nsection 1310 the following new item:\n\n``1311. Continuing appropriations.''.\n ","summary":"Government Shutdown Prevention Act - Provides for automatic continuing appropriations if any regular appropriation for a fiscal year does not become law before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. Appropriates amounts necessary to continue any project or activity for which funds were provided in the preceding fiscal year: (1) in the corresponding regular appropriation Act for such preceding fiscal year. Or (2) if such legislation did not become law, then in the joint resolution making continuing appropriations for such preceding fiscal year. Requires the appropriations and funds made available, and authority granted, for any fiscal year for a project or activity to be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of: (1) the date on which the applicable regular appropriation bill for such fiscal year becomes law or a continuing resolution making appropriations becomes law, as the case may be, or (2) the last day of such fiscal year.","title":"A bill to prevent Government shutdowns.","text_len":6687,"sum_len":1082} {"bill_id":"104_hr2647","text":"SECTION 1. TERMINATION AFTER 1997 OF TAX SUBSIDIES FOR LARGE PRODUCERS \n OF ETHANOL USED AS A FUEL.\n\n (a) General Rule--Subsection (e) of section 40 of the Internal \nRevenue Code of 1986 is amended by adding at the end the following \nflush sentence:\n ``Except in the case of the credit determined under subsection \n (a)(3), the preceding sentence shall be applied by substituting \n `1997' for `2000' and `1998' for `2001'.''\n (b) Denial of Credit for Alcohol Used To Produce Ether.--Subsection \n(b) of section 40 of such Code is amended by adding at the end the \nfollowing new paragraph:\n ``(6) Denial of credit for alcohol used to produce ether.--\n No credit shall be allowed under this section for alcohol used \n to produce any ether.''\n (c) Conforming Reductions of Other Incentives for Ethanol Fuel.--\n (1) Repeal of reduced rate on ethanol fuel produced other \n than from petroleum or natural gas.--Subsection (b) of section \n 4041 of such Code is amended to read as follows:\n ``(b) Exemption for Off-Highway Business Use.--\n ``(1) In general.--No tax shall be imposed by subsection \n (a) or (d)(1) on liquids sold for use or used in an off-highway \n business use.\n ``(2) Tax where other use.--If a liquid on which no tax was \n imposed by reason of paragraph (1) is used otherwise than in an \n off-highway business use, a tax shall be imposed by paragraph \n (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is \n appropriate) and by the corresponding provision of subsection \n (d)(1) (if any).\n ``(3) Off-highway business use defined.--For purposes of \n this subsection, the term `off-highway business use' has the \n meaning given to such term by section 6421(e)(2); except that \n such term shall not, for purposes of subsection (a)(1), include \n use in a diesel-powered train.''\n (2) Repeal of reduced rate on ethanol fuel produced from \n natural gas.--Subsection (m) of section 4041 of such Code is \n amended--\n (A) by striking ``or ethanol'' each place it \n appears (including the heading of paragraph (2)), and\n (B) by striking ``, ethanol, or other alcohol'' in \n paragraph (2) and inserting ``or other alcohol (other \n than ethanol)''.\n (d) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in \nSame Manner as Other Motor Fuels.--\n (1) In general.--Paragraph (1) of section 4083(a) of such \n Code (defining taxable fuel) is amended by striking ``and'' at \n the end of subparagraph (A), by striking the period at the end \n of subparagraph (B) and inserting ``, and'', and by adding at \n the end the following:\n ``(C) fuel alcohol.''\n (2) Fuel alcohol.--Subsection (a) of section 4083 of such \n Code is amended by adding at the end the following new \n paragraph:\n ``(4) Fuel alcohol.--The term `fuel alcohol' means any \n alcohol (including ethanol and methanol)--\n ``(A) which is produced other than from petroleum, \n natural gas, or coal (including peat), and\n ``(B) which is withdrawn from the distillery where \n produced free of tax under chapter 51 by reason of \n section 5181 or so much of section 5214(a)(1) as \n relates to fuel use.''\n (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of \n such Code is amended by inserting ``or fuel alcohol'' after \n ``gasoline''.\n (4) Special rules for imposition of tax.--Paragraph (1) of \n section 4081(a) of such Code is amended by adding at the end \n the following new subparagraph:\n ``(C) Special rules for fuel alcohol.--In the case \n of fuel alcohol--\n ``(i) the distillery where produced shall \n be treated as a refinery, and\n ``(ii) subparagraph (B) shall be applied by \n including transfers by truck or rail in excess \n of such minimum quantities as the Secretary \n shall prescribe.''\n (5) Repeal of reduced rates on alcohol fuels.--\n (A) Section 4041 of such Code is amended by \n striking subsection (k).\n (B) Section 4081 of such Code is amended by \n striking subsection (c).\n (C) Section 4091 of such Code is amended by \n striking subsection (c).\n (6) Conforming amendments.--\n (A) Section 40 of such Code is amended by striking \n subsection (c).\n (B) Paragraph (4) of section 40(d) of such Code is \n amended to read as follows:\n ``(4) Volume of alcohol.--For purposes of determining under \n subsection (a) the number of gallons of alcohol with respect to \n which a credit is allowable under subsection (a), the volume of \n alcohol shall include the volume of any denaturant (including \n gasoline) which is added under any formulas approved by the \n Secretary to the extent that such denaturants do not exceed 5 \n percent of the volume of such alcohol (including \n denaturants).''\n (C) Paragraph (2) of section 4041(a) of such Code \n is amended by adding at the end the following: ``No tax \n shall be imposed by this paragraph on the sale or use \n of any liquid if tax was imposed on such liquid under \n section 4081 and the tax thereon was not credited or \n refunded.''\n (D) Section 6427 of such Code is amended by \n striking subsection (f).\n (E) Subsection (i) of section 6427 of such Code is \n amended by striking paragraph (3).\n (F) Paragraph (2) of section 6427(k) of such Code \n is amended by striking ``(3)''.\n (G)(i) Paragraph (1) of section 6427(l) of such \n Code is amended by striking ``or'' at the end of \n subparagraph (A), by redesignating subparagraph (B) as \n subparagraph (C), and by inserting after subparagraph \n (A) the following new subparagraph:\n ``(B) any fuel alcohol (as defined in section 4083) \n on which tax has been imposed by section 4081, or''.\n (ii) Paragraph (2) of section 6427(l) of such Code \n is amended by striking ``and'' at the end of \n subparagraph (A), by redesignating subparagraph (B) as \n subparagraph (C), and by inserting after subparagraph \n (A) the following new subparagraph:\n ``(B) in the case of fuel alcohol (as so defined), \n any use which is exempt from the tax imposed by section \n 4041(a)(2) other than by reason of a prior imposition \n of tax, and''.\n (iii) The heading of subsection (l) of section 6427 \n of such Code is amended by inserting ``, Fuel \n Alcohol,'' after ``Diesel Fuel''.\n (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such \n Code are each amended by striking ``and diesel fuel'' \n and inserting ``diesel fuel, and fuel alcohol''.\n (I) Section 9502 of such Code is amended by \n striking subsection (e) and by redesignating subsection \n (f) as subsection (e).\n (J) Subsection (e) of section 9502 of such Code (as \n redesignated by subparagraph (I)) is amended by \n striking paragraph (2) and by redesignating paragraph \n (3) as paragraph (2).\n (K) Subsection (b) of section 9503 of such Code is \n amended by striking paragraph (5).\n (L) Paragraph (3) of section 9503(f) of such Code \n is amended to read as follows:\n ``(3) Partially exempt methanol or ethanol fuel.--In the \n case of a rate of tax determined under section 4041(m), the \n Highway Trust Fund financing rate is the excess (if any) of the \n rate so determined over--\n ``(A) 5.55 cents per gallon after September 30, \n 1993, and before October 1, 1995, and\n ``(B) 4.3 cents per gallon after September 30, \n 1995.''\n (e) Effective Date.--The amendments made by this section shall take \neffect on January 1, 1998.\n (f) Floor Stock Taxes.--\n (1) Imposition of tax.--In the case of fuel alcohol which \n is held on January 1, 1998, by any person, there is hereby \n imposed a floor stocks tax of 18.4 cents per gallon.\n (2) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding fuel \n alcohol on January 1, 1998, to which the tax imposed by \n paragraph (1) applies shall be liable for such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before June 30, 1998.\n (3) Definitions.--For purposes of this subsection--\n (A) Fuel alcohol.--The term ``fuel alcohol'' has \n the meaning given such term by section 4083 of the \n Internal Revenue Code of 1986, as amended by this \n section.\n (B) Held by a person.--Fuel alcohol shall be \n considered as ``held by a person'' if title thereto has \n passed to such person (whether or not delivery to the \n person has been made).\n (C) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or his delegate.\n (4) Exception for exempt uses.--The tax imposed by \n paragraph (1) shall not apply to fuel alcohol held by any \n person exclusively for any use to the extent a credit or refund \n of the tax imposed by section 4081 of the Internal Revenue Code \n of 1986 is allowable for such use.\n (5) Exception for fuel held in vehicle tank.--No tax shall \n be imposed by paragraph (1) on fuel alcohol held in the tank of \n a motor vehicle or motorboat.\n (6) Exception for certain amounts of fuel.--\n (A) In general.--No tax shall be imposed by \n paragraph (1) on fuel alcohol held on January 1, 1998, \n by any person if the aggregate amount of fuel alcohol \n held by such person on such date does not exceed 2,000 \n gallons. The preceding sentence shall apply only if \n such person submits to the Secretary (at the time and \n in the manner required by the Secretary) such \n information as the Secretary shall require for purposes \n of this paragraph.\n (B) Exempt fuel.--For purposes of subparagraph (A), \n there shall not be taken into account fuel held by any \n person which is exempt from the tax imposed by \n paragraph (1) by reason of paragraph (4) or (5).\n (C) Controlled groups.--For purposes of this \n paragraph--\n (i) Corporations.--\n (I) In general.--All persons \n treated as a controlled group shall be \n treated as 1 person.\n (II) Controlled group.--The term \n ``controlled group'' has the meaning \n given to such term by subsection (a) of \n section 1563 of such Code; except that \n for such purposes the phrase ``more \n than 50 percent'' shall be substituted \n for the phrase ``at least 80 percent'' \n each place it appears in such \n subsection.\n (ii) Nonincorporated persons under common \n control.--Under regulations prescribed by the \n Secretary, principles similar to the principles \n of clause (i) shall apply to a group of persons \n under common control where 1 or more of such \n persons is not a corporation.\n (7) Other laws applicable.--All provisions of law, \n including penalties, applicable with respect to the taxes \n imposed by section 4081 of such Code shall, insofar as \n applicable and not inconsistent with the provisions of this \n subsection, apply with respect to the floor stock taxes imposed \n by paragraph (1) to the same extent as if such taxes were \n imposed by such section 4081.","summary":"Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1997. Disallows the credit for alcohol used to produce any ether. Exempts from tax liquids sold for use or used in an off-highway business use. Repeals the reduced rate on ethanol fuel produced from natural gas. Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels. Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate. Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel.","title":"To amend the Internal Revenue Code of 1986 to terminate the tax subsidies for large producers of ethanol used as a fuel.","text_len":13658,"sum_len":979} {"bill_id":"106_hr5479","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wholesale Motor Fuel Fairness and \nCompetition Restoration Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) both wholesale and retail motor fuel prices are the \n result of a number of complex factors, including those related \n to supply, refining, consumer demand, and oil company cost, \n pricing, and marketing practices;\n (2) certain cost, pricing, and marketing practices employed \n by the oil companies are unfair and anticompetitive, and \n contribute to the unjustified price of retail motor fuel \n charged the American consumer;\n (3) among the unfair and anticompetitive oil company \n practices are price zoning, redlining, discriminatory wholesale \n motor fuel pricing, and a complex system of cost allocation \n that hides the factors on which wholesale costs are based;\n (4) the oil companies' practice known as price zoning is \n one by which prices for motor fuel are set solely because of \n the retail station's geographic location unrelated to cost-of-\n business factors;\n (5) price zoning allows an oil company to artificially \n increase or depress retail motor fuel prices in order to secure \n an unfair market advantage against competitors;\n (6) the oil companies engage in a practice known as \n redlining, whereby a refiner refuses to sell motor fuel to \n distributors or particular geographic markets;\n (7) redlining allows an oil company to force concessions \n from a distributor and affords the company the opportunity to \n exert undue influence in a particular area or region;\n (8) the oil companies engage in a practice of \n discriminatory wholesale pricing of motor fuel based on the \n relationship of the purchaser to the oil company and the degree \n of competition they provide;\n (9) discriminatory pricing allows oil companies to charge \n different wholesale prices to company owned and operated retail \n stations, franchisees, and independent retailers though all may \n be situated in the same community and face the same competitive \n and operating factors;\n (10) the oil companies engage in a complex system of cost \n allocations by which they employ rebates, incentives, credits, \n and market enhancement allowances that hide the factors on \n which wholesale prices are based or published;\n (11) the complex system of cost allocation allows oil \n companies to post a ``wholesale price'' that is far different \n from the actual wholesale price that would be revealed if the \n cost factors were publicly identified and appropriately \n allocated; and\n (12) it is appropriate for the Federal Government to \n prohibit these unfair oil company cost, pricing, and marketing \n practices, to restore fair and competitive practices to the \n wholesale sale of motor fuel, and to allow American consumers \n to assess for themselves the factors that contribute to the \n price changes they pay at the retail pump.\n\nSEC. 3. PRICE DISCRIMINATION PROHIBITION.\n\n (a) Prohibition.--\n (1) In general.--It shall be a violation of this Act for an \n owner or operator of a terminal facility to sell motor fuel \n from the terminal facility to a distributor or retailer at a \n price in excess of the price it charges any other distributor \n or retailer, including a distributor or retailer which it owns \n or with which it is affiliated.\n (2) Price determination.--For purposes of this subsection, \n the price an owner or operator of a terminal facility charges a \n distributor or retailer which it owns or with which it is \n affiliated shall be the price determined pursuant to the \n regulations issued under section 4(a).\n (3) Exception.--A sale shall not be in violation of this \n subsection if it is made pursuant to the terms of a franchise \n or sales contract entered into before October 17, 2000.\n (b) Civil Penalty.--The Federal Trade Commission may assess a civil \npenalty, not to exceed $1,000,000, for each violation described in \nsubsection (a).\n (c) Criminal Penalty.--Whoever knowingly violates subsection (a) \nshall be fined under title 18, United States Code, or imprisoned not \nmore than 5 years.\n (d) Effective Date.--This section shall take effect 6 months after \nthe date of the enactment of this Act.\n\nSEC. 4. FULL DISCLOSURE.\n\n (a) Requirement.--The Federal Trade Commission, in consultation \nwith the Secretary of Energy, shall issue regulations requiring full \ndisclosure by refiners and distributors of their wholesale motor fuel \npricing policies, including rebates, incentives, and market enhancement \nallowances. Such regulations shall establish procedures for determining \nthe price an owner or operator of a terminal facility charges a \ndistributor or retailer which it owns or with which it is affiliated.\n (b) Effective Date.--The regulations issued under subsection (a) \nshall take effect 6 months after the date of the enactment of this Act.\n (c) Public Dissemination.--The Federal Trade Commission shall \nensure that all information acquired pursuant to the regulations issued \nunder subsection (a) are made available to the public, except trade \nsecrets and commercial or financial information protected from \ndisclosure under subsection (b)(4) of section 552 of title 5, United \nStates Code (commonly referred to as the Freedom of Information Act). \nSuch information may be disseminated through the Energy Information \nAdministration.\n\nSEC. 5. OWNERSHIP STUDY AND REPORT.\n\n Not later than 18 months after the date of the enactment of this \nAct, the Federal Trade Commission, in consultation with the Secretary \nof Energy, shall transmit to the Congress a report containing the \nresults of a study of whether ownership or operation by a refiner of a \nfacility for the retail sale of motor fuel has anticompetitive effects \non the price of motor fuel. Such report shall include any \nrecommendations for legislative or administrative actions the Federal \nTrade Commission, in consultation with the Secretary of Energy, \nconsiders appropriate.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act, any term defined in section 101 of the \nPetroleum Marketing Practices Act (15 U.S.C. 2801) shall have the \nmeaning given the term in that Act.","summary":"Sets forth civil and criminal penalties for violations of such prohibition. Directs the Federal Trade Commission to: (1) promulgate regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances. (2) ensure that all such information is made available to the public. And (3) report to Congress the results of a study whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel.","title":"Wholesale Motor Fuel Fairness and Competition Restoration Act","text_len":6673,"sum_len":580} {"bill_id":"105_s2284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Minuteman Missile National Historic \nSite Establishment Act of 1998''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the Minuteman II intercontinental ballistic missile \n (hereinafter referred to as ``ICBM'') launch control facility \n and launch facility known as ``Delta 1'' and ``Delta 9'', \n respectively, have national significance as the best preserved \n examples of the operational character of American history \n during the Cold War;\n (2) the facilities are symbolic of the dedication and \n preparedness exhibited by the missileers of the Air Force \n stationed throughout the upper Great Plains in remote and \n forbidding locations during the Cold War;\n (3) the facilities provide a unique opportunity to \n illustrate the history and significance of the Cold War, the \n arms race, and ICBM development; and\n (4) the National Park System does not contain a unit that \n specifically commemorates or interprets the Cold War.\n (b) Purposes.--The purposes of this Act are--\n (1) to preserve, protect, and interpret for the benefit and \n enjoyment of present and future generations the structures \n associated with the Minuteman II missile defense system;\n (2) to interpret the historical role of the Minuteman II \n missile defense system in the broader context of the Cold War \n and the role of the system as a key component of America's \n strategic commitment to preserve world peace; and\n (3) to complement the interpretive programs relating to the \n Minuteman II missile defense system offered by the South Dakota \n Air and Space Museum at Ellsworth Air Force Base.\n\nSEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.\n\n (a) Establishment.--(1) The Minuteman Missile National Historic \nSite in the State of South Dakota (hereinafter referred to as the \n``historic site'') is hereby established as a unit of the National Park \nSystem. The historic site shall consist of lands and interests therein \ncomprising the following Minuteman II ICBM launch control facilities, \nas generally depicted on the map referred to as ``Minuteman Missile \nNational Historic Site'', numbered 406\/80,008 and dated September, \n1998:\n (A) An area surrounding the Minuteman II ICBM launch \n control facility depicted as ``Delta 1 Launch Control \n Facility''.\n (B) An area surrounding the Minuteman II ICBM launch \n control facility depicted as ``Delta 9 Launch Facility''.\n (2) The map described in paragraph (1) shall be on file and \navailable for public inspection in the appropriate offices of the \nNational Park Service.\n (3) The Secretary of the Interior (hereinafter referred to as the \n``Secretary'') is authorized to make minor adjustments to the boundary \nof the historic site.\n (b) Administration of Historic Site.--The Secretary shall \nadminister the historic site in accordance with this Act and laws \ngenerally applicable to units of the National Park System, including \nthe Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, \n1935 (16 U.S.C. 461-467).\n (c) Coordination With Secretary of Defense.--The Secretary shall \nconsult with the Secretary of Defense and the Secretary of State, as \nappropriate, to ensure that administration of the historic site is in \ncompliance with applicable treaties.\n (d) Cooperative Agreements.--The Secretary may enter into \ncooperative agreements with appropriate public and private entities and \nindividuals in furtherance of the purposes of this Act.\n (e) Land Acquisition.--(1) Except as provided in paragraph (2), the \nSecretary is authorized to acquire lands and interests therein within \nthe boundaries of the historic site by donation, purchase with donated \nor appropriated funds, exchange or transfer from another Federal \nagency: Provided, That lands or interests therein owned by the State of \nSouth Dakota may only be acquired by donation or exchange.\n (2) The Secretary shall not acquire any lands pursuant to this Act \nif the Secretary determines that such lands, or any portion thereof, \nare contaminated with hazardous substances (as defined in the \nComprehensive Environmental Response, Compensation and Liability Act \n(42 U.S.C. 9601)), unless all remedial action necessary to protect \nhuman health and the environment has been taken pursuant to such Act.\n (f) General Management Plan.--(1) Within three years after the date \nfunds are made available, the Secretary shall prepare a general \nmanagement plan for the historic site.\n (2) The plan shall include an evaluation of an appropriate location \nfor a visitor facility and administrative site within the areas \ndepicted as ``Support Facility Study Area--Alternative A'' or ``Support \nFacility Study Area--Alternative B'' on the map referred to in \nsubsection (a). Upon a determination by the Secretary of the \nappropriate location for such facilities, the boundaries of the \nhistoric site shall be modified to include the selected site.\n (3) In developing the plan, the Secretary shall consider \ncoordinating or consolidating appropriate administrative, management, \nand personnel functions with Badlands National Park.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated such sums \nas may be necessary to carry out this Act.\n (b) Air Force Funds.--The Secretary of the Air Force shall transfer \nto the Secretary any funds specifically appropriated to the Air Force \nfor the maintenance, protection, or preservation of the facilities \ndescribed in section 3. Such funds shall be used by the Secretary for \nestablishing, operating, and maintaining the historic site.\n (c) Legacy Resource Management Program.--Nothing in this Act \naffects the use of any funds available for the Legacy Resource \nManagement Program being carried out by the Air Force that, before the \ndate of enactment of this Act, were directed to be used for resource \npreservation and treaty compliance.\n\n Passed the Senate October 7 (legislative day, October 2), \n 1998.\n\n Attest:\n\n GARY SISCO,\n\n Secretary.","summary":"Minuteman Missile National Historic Site Establishment Act of 1998 - Establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System consisting of lands and interests comprising the areas surrounding the Minuteman II ICBM launch control facilities known as Delta 1 and Delta 9. Authorizes the Secretary to acquire lands and interests within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency. Prohibits the Secretary from acquiring any lands contaminated with hazardous substances, unless all remedial action necessary to protect human health and the environment has been taken. Requires the Secretary to: (1) prepare a general management plan for the historic site, including an evaluation of a location for a visitor facility and administrative site. And (2) in developing the plan, to consider coordinating and consolidating administrative, management, and personnel function with Badlands National Park. Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities.","title":"Minuteman Missile National Historic Site Establishment Act of 1998","text_len":6461,"sum_len":1263} {"bill_id":"105_hr4199","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Laurie Beechman Ovarian Cancer \nCommemorative Coin Act''.\n\nSEC. 2. COIN SPECIFICATIONS.\n\n (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act \nreferred to as the ``Secretary'') shall mint and issue not more than \n350,000 $1 coins, which shall--\n (1) weigh 26.73 grams;\n (2) have a diameter of 1.500 inches; and\n (3) contain 90 percent silver and 10 percent copper.\n (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 3. SOURCES OF BULLION.\n\n The Secretary shall obtain silver for minting coins under this Act \nonly from stockpiles established under the Strategic and Critical \nMaterials Stock Piling Act.\n\nSEC. 4. DESIGN OF COINS.\n\n (a) Design Requirements.--\n (1) In general.--The design of the coins minted under this \n Act shall be emblematic of Laurie Beechman, her struggle \n against ovarian cancer, and her many accomplishments throughout \n her extraordinary life.\n (2) Designation and inscriptions.--On each coin minted \n under this Act there shall be--\n (A) a designation of the value of the coin;\n (B) an inscription of ``1954-1998''; and\n (C) inscriptions of ``Liberty'', ``In God We \n Trust'', ``United States of America'', and ``E Pluribus \n Unum''.\n (3) Obverse of coin.--The obverse of each coin minted under \n this Act shall bear the likeness of Laurie Beechman.\n (b) Selection.--The design for the coins minted under this Act \nshall be--\n (1) selected by the Secretary after consultation with the \n Commission of Fine Arts; and\n (2) reviewed by the Citizens Commemorative Coin Advisory \n Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n (b) Mint Facility.--Only 1 facility of the United States Mint may \nbe used to strike any particular quality of the coins minted under this \nAct.\n (c) Commencement of Issuance.--The Secretary may issue coins minted \nunder this Act as soon as is practicable.\n (d) Termination of Minting Authority.--No coins may be minted under \nthis Act after December 31, 1999.\n\nSEC. 6. SALE OF COINS.\n\n (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n (1) the face value of the coins;\n (2) the surcharge provided in subsection (d) with respect \n to such coins; and\n (3) the cost of designing and issuing the coins (including \n labor, materials, dies, use of machinery, overhead expenses, \n marketing, and shipping).\n (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n (c) Prepaid Orders.--\n (1) In general.--The Secretary shall accept prepaid orders \n for the coins minted under this Act before the issuance of such \n coins.\n (2) Discount.--Prices with respect to prepaid orders under \n paragraph (1) shall be at a reasonable discount.\n (d) Surcharges.--All sales shall include a surcharge of $9 per \ncoin.\n\nSEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.\n\n (a) In General.--Except as provided in subsection (b), no provision \nof law governing procurement or public contracts shall be applicable to \nthe procurement of goods and services necessary for carrying out the \nprovisions of this Act.\n (b) Equal Employment Opportunity.--Subsection (a) shall not relieve \nany person entering into a contract under the authority of this Act \nfrom complying with any law relating to equal employment opportunity.\n\nSEC. 8. DISTRIBUTION OF SURCHARGES.\n\n (a) In General.--All surcharges received by the Secretary from the \nsale of coins issued under this Act shall be promptly paid by the \nSecretary to Gilda's Club, Incorporated, for purposes relating to the \nbattle against ovarian cancer.\n (b) Audits.--The Comptroller General of the United States shall \nhave the right to examine such books, records, documents, and other \ndata of Gilda's Club, Incorporated, as may be related to the \nexpenditures of amounts paid under subsection (a).\n\nSEC. 9. FINANCIAL ASSURANCES.\n\n (a) No Net Cost to the Government.--The Secretary shall take such \nactions as may be necessary to ensure that minting and issuing coins \nunder this Act will not result in any net cost to the United States \nGovernment.\n (b) Payment for Coins.--A coin shall not be issued under this Act \nunless the Secretary has received--\n (1) full payment for the coin;\n (2) security satisfactory to the Secretary to indemnify the \n United States for full payment; or\n (3) a guarantee of full payment satisfactory to the \n Secretary from a depository institution whose deposits are \n insured by the Federal Deposit Insurance Corporation or the \n National Credit Union Administration Board.","summary":"Laurie Beechman Ovarian Cancer Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 dollar coins emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her life. Requires prompt payment of all surcharges from coin sales to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer.","title":"Laurie Beechman Ovarian Cancer Commemorative Coin Act","text_len":5372,"sum_len":394} {"bill_id":"110_hr7230","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Save America's Utility \nInfrastructure and Secure America Now Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that:\n (1) The blackout of August 2003 in the Northeast, Midwest, \n and adjoining parts of Canada highlighted the need for \n infrastructure and operating improvements.\n (2) In 2005 Hurricane Wilma destroyed power in most of \n southern Florida, and within 6 months, Florida utility \n regulators inserted requirements that utilities harden their \n system over time and create a regular schedule of clearing \n vegetation from power lines to ensure electric reliability.\n (3) In Iowa, in 2008, over two dozen people were killed and \n 148 injured as a result of flooding. Flood warnings covered a \n span of about 325 miles from Dubuque, Iowa to St. Louis, \n Missouri with over 35,000 families evacuated from their homes.\n (4) The devastation from Hurricane Katrina and its \n calamitous results can still be seen across the Gulf Coast. \n Hurricane Katrina cost over 1,800 lives, billions of dollars in \n damage and catastrophic loss and the largest single loss in the \n history of insurance at $40.6 billion with more than 1.7 \n million claims across 6 States (Louisiana, Mississippi, \n Alabama, Florida, Tennessee, and Georgia).\n (5) Early estimates of Hurricane Ike's destruction are $9.8 \n billion in insured damages, which would make it the 4th most \n expensive hurricane in the history of the United States, \n according to the Insurance Information Institute. Hurricane \n Katrina caused $43 billion in damages.\n (6) Cedric Delane passed away September 14, 2008, due in \n part to a lack of electricity and not being identified as part \n of the vulnerable class of people that needed assistance \n immediately. Cedric was a 5th grade student at Blackshear \n Elementary in Houston, Texas. Cedric was an asthmatic and \n suffered a severe attack during Hurricane Ike. The lack of \n electrical power prevented the use of his breathing machine, \n which could possibly have saved his life. The paramedics were \n called and Cedric was transported to the hospital, but he did \n not survive.\n (7) There have been more than 370,000 overnight shelter \n stays, over 8.77 million meals served, and over 190,000 clean-\n up kits and comfort kits distributed in the Houston-Galveston \n area of Texas after Hurricanes Gustav and Ike.\n (8) The Texas Public Utility Commissioners did not require \n electric companies on the coast to ensure reliability in their \n distribution systems against hurricanes after the Texas Public \n Utility Commission staff recommended aggressive tree-trimming \n programs and major upgrades, including replacing wooden \n electric polls with metal or concrete polls in 2005 after \n Hurricane Rita.\n (9) Texas Public utility companies fought the \n recommendations on the grounds that upgrading the distribution \n system would cost far more than repairing it after a storm, \n however the Texas Public Utility Commission ordered a cost-\n benefit analysis of only one recommendation: moving electric \n substations out of flood zones.\n (10) There were 28 Houston-area deaths attributed to \n Hurricane Ike with over a half a million people without \n electrical power for more than a week including many elderly, \n disabled, and medically-dependent persons.\n (11) Without criminal enforcement of reliability standards \n with penalties by FERC and cost-benefit studies that include \n United States Census and Federal Emergency Management Agency \n data on vulnerable populations and loss of electricity on those \n populations, greater loss of property and life will occur.\n\nSEC. 3. FERC ENFORCEMENT AUTHORITY.\n\n Section 215(e) of the Federal Power Act (16 U.S.C. 824o) is amended \nas follows:\n (1) In paragraph (1) by striking ``ERO may impose, subject \n to paragraph (2),'' and inserting ``Commission may impose'' and \n by striking ``if the ERO'' and inserting ``if the Commission''.\n (2) Paragraph (2) is amended to read as follows:\n ``(2) Any person who violates any standard approved by the \n Commission under subsection (d) shall, upon conviction, be \n fined in accordance with title 18, United States Code, or \n imprisoned not more than 5 years, or both.''.\n (3) Paragraph (4) is repealed.\n (4) In paragraph (6) by striking ``penalty imposed under \n this section'' and inserting ``civil penalty imposed under \n paragraph (1) of this section''.\n\nSEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS.\n\n Within 180 days after the enactment of this Act the Federal Energy \nRegulatory Commission shall issue a rule under section 215 of the \nFederal Power Act amending the reliability standards under that section \nto prohibit disturbances (other than planned maintenance) lasting \ngreater than 5 days at substations subject to section 215.\n\nSEC. 5. STUDY AND REPORT ON EMERGENCY PLANNING PREPAREDNESS FOR \n VULNERABLE POPULATIONS.\n\n (a) Study.--The Secretary of the Department of Homeland Security, \nacting through the Assistant Secretary of the Office of the \nInfrastructure Protection, shall conduct a study to examine gaps in \nemergency planning preparedness and management as related to vulnerable \npopulations including--\n (1) individuals with physical and mental disabilities, \n visual impairments, hearing impairments, limited English \n proficiency, and literacy barriers;\n (2) socially and economically disadvantaged households and \n communities;\n (3) individuals over 65 years old;\n (4) minor children; and\n (5) individuals with pets or service animals.\n (b) Report.--Not later than one year after the date of the \nenactment of this Act the Secretary of the Department of Homeland \nSecurity, acting through the Assistant Secretary of the Office of the \nInfrastructure Protection, shall submit to the Committee on Homeland \nSecurity of the House of Representatives and the Committee on Homeland \nSecurity and Governmental Affairs of the Senate a report containing the \nresults of the study under subsection (a) and any recommendations of \nthe Secretary.","summary":"Save America's Utility Infrastructure and Secure America Now Act of 2008 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) enforcement powers with respect to electric reliability standards. Revises penalty guidelines to subject to federal criminal law any person who violates a FERC-approved electric reliability standard. Requires FERC to issue a rule in connection with electric reliability standards to prohibit disturbances lasting greater than five days at certain substations. Instructs the Secretary of the Department of Homeland Security to study and report to Congress on gaps in emergency planning preparedness and management as related to specified, vulnerable populations.","title":"To amend the Federal Power Act to provide for enforcement, including criminal penalties, by the Federal Energy Regulatory Commission of electric reliability standards, and for other purposes.","text_len":6702,"sum_len":722} {"bill_id":"112_s3244","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Understanding the True Cost of \nCollege Act of 2012''.\n\nSEC. 2. INSTITUTION FINANCIAL AID OFFER FORM.\n\n (a) Institution Financial Aid Offer Form.--Section 484 of the \nHigher Education Opportunity Act (20 U.S.C. 1092 note) is amended--\n (1) by striking subsection (a) and inserting the following:\n ``(a) Standard Format.--The Secretary of Education, in consultation \nwith the heads of relevant Federal agencies, shall develop a standard \nformat for financial aid offer forms based on recommendations from \nrepresentatives of students, students' families, institutions of higher \neducation, secondary school and postsecondary counselors, and nonprofit \nconsumer groups.'';\n (2) by striking subsection (b) and inserting the following:\n ``(b) Key Required Contents for Offer Form.--The standard format \ndeveloped under subsection (a) shall include, in a consumer-friendly \nmanner that is simple and understandable, the following items clearly \nseparated from each other and listed on the first page of the financial \naid offer form in either electronic or written format:\n ``(1) Information on the student's cost of attendance based \n on the most current costs for the academic period covered by \n the financial aid offer form, including the following:\n ``(A) Tuition and fees, as determined under section \n 472 of the Higher Education Act of 1965 (20 U.S.C. \n 1087ll).\n ``(B) Room and board costs, as determined under \n section 472 of the Higher Education Act of 1965 (20 \n U.S.C. 1087ll).\n ``(C) Books and supplies, as determined under \n section 472 of the Higher Education Act of 1965 (20 \n U.S.C. 1087ll).\n ``(D) Transportation, as determined under section \n 472 of the Higher Education Act of 1965 (20 U.S.C. \n 1087ll).\n ``(E) Miscellaneous personal expenses, as \n determined under section 472 of the Higher Education \n Act of 1965 (20 U.S.C. 1087ll).\n ``(2) The amount of financial aid that the student does not \n have to repay, such as scholarships, grant aid offered under \n title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et \n seq.), or grant aid offered by the institution, a State, or an \n outside source to the student for such academic period, \n including a disclosure that the financial aid does not have to \n be repaid and whether the student can expect to receive similar \n amounts of such financial aid for each academic period the \n student is enrolled at the institution.\n ``(3) The net amount that the student, or the student's \n family on behalf of the student, will have to pay for the \n student to attend the institution for such academic period, \n equal to--\n ``(A) the cost of attendance as described in \n paragraph (1) for the student for such academic period, \n minus\n ``(B) the amount of financial aid described in \n paragraph (2) that is included in the financial aid \n offer form.\n ``(4) Work study assistance, including a disclosure that \n the aid must be earned by the student and a disclosure that the \n assistance offered is subject to the availability of employment \n opportunities.\n ``(5) The types and amounts of loans under part D or E of \n title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a \n et seq., 1087aa et seq.) that the institution recommends for \n the student for such academic period, a disclosure that such \n loans have to be repaid, a disclosure that the student can \n borrow a lesser amount than the recommended loan amount, a \n clear use of the word `loan' to describe the recommended loan \n amounts, the interest rates, fees, the expected monthly \n repayment amounts assuming a 10-year repayment plan, and the \n total amounts the student will pay over the life of the loans.\n ``(6) Where a student or the student's family can seek \n additional information regarding the financial aid offered, \n including contact information for the institution's financial \n aid office and the Department of Education's website on \n financial aid.\n ``(7) A disclosure that Federal student loans offer \n generally more favorable terms and beneficial repayment options \n than private education loans so students should examine \n available Federal student loan options before applying for \n private education loans, and an explanation to be written by \n the Secretary of Education, in consultation with the heads of \n relevant Federal agencies, of the benefits unique to Federal \n student loans, including various repayment plans, loan \n forgiveness, and loan deferment, and the terms to examine \n carefully if considering a private education loan.\n ``(8) The deadline and summary of the process, if any, for \n accepting the financial aid offered in the financial aid offer \n form.\n ``(9) The academic period covered by the financial aid \n offer form and a clear indication whether the aid offered is \n based on full-time or part-time enrollment.\n ``(10) With respect to institutions where more than 30 \n percent of enrolled students borrow loans to pay for their \n education, the institution's most recent cohort default rate, \n as defined in section 435(m) of the Higher Education Act of \n 1965 (20 U.S.C. 1085(m)), compared to the national average \n cohort default rate.\n ``(11) Any other information the Secretary of Education, in \n consultation with the heads of relevant Federal agencies, \n determines necessary so that students and parents can make \n informed loan borrowing decisions, including quality metrics \n such as percentage of students at the institution who take out \n student loans and average debt at graduation for students at \n the institution.''; and\n (3) by adding at the end the following:\n ``(c) Other Required Contents for the Offer Form.--The standard \nformat developed under subsection (a) shall also include the following \ninformation to be included on the financial aid offer form in a concise \nformat determined by the Secretary of Education, in consultation with \nthe heads of relevant Federal agencies:\n ``(1) A concise summary of the terms and conditions of \n financial aid recommended under paragraphs (2), (4), and (5) of \n subsection (b) and a method to provide students with additional \n information about such terms and conditions, such as links to \n the supplementary information, including that the student may \n be eligible for longer loan repayment terms.\n ``(2) At the institution's discretion, additional options \n for paying for the net amount listed in subsection (b)(3), such \n as the amount recommended to be paid by the student or \n student's family, Federal Direct PLUS Loans under section 455 \n of the Higher Education Act of 1965 (20 U.S.C. 1087e), or \n private education loans. If the institution recommends private \n education loans, as defined in section 140 of the Truth in \n Lending Act (15 U.S.C. 1650), the financial aid offer form \n shall contain the additional following disclosures on the offer \n form:\n ``(A) The availability of, and the student's \n potential eligibility for, Federal financial assistance \n under title IV of the Higher Education Act of 1965 (20 \n U.S.C. 1070 et seq.).\n ``(B) The impact of a proposed private education \n loan on the student's potential eligibility for other \n financial assistance, including Federal financial \n assistance under title IV of the Higher Education Act \n of 1965 (20 U.S.C. 1070 et seq.).\n ``(C) The student's ability to select a private \n educational lender of the student's choice.\n ``(D) The student's right to accept or reject a \n private education loan within the 30-day period \n following a private educational lender's approval of a \n student's application and a student's 3-day right-to-\n cancel period.\n ``(E) With respect to dependent students, any \n reference to private education loans shall be \n accompanied by information about the recommended family \n contribution and the availability of, and terms and \n conditions associated with, Federal Direct PLUS Loans \n under section 455 of the Higher Education Act of 1965 \n (20 U.S.C. 1087e) for the student's parents regardless \n of family income, and of the student's increased \n eligibility for Federal student loans under title IV of \n the Higher Education Act of 1965 (20 U.S.C. 1070 et \n seq.) if the student's parents are not able to borrow \n under the Federal Direct PLUS Loan program.\n ``(3) The following disclosures:\n ``(A) That the financial aid offer form only \n contains information for 1 academic period and the \n financial aid offered in following academic periods may \n change, unless the institution is offering aid that \n covers multiple academic periods.\n ``(B) How non-institutional scholarships awarded to \n the student affect the financial aid package offered to \n the student.\n ``(C) A concise summary of any Federal or \n institutional conditions required to receive and renew \n financial aid and a method to provide students with \n additional information about these conditions, such as \n links to the supplementary information.\n ``(d) Additional Requirements for Financial Aid Offer Form.--In \naddition to the requirements listed under subsections (b) and (c), the \nfinancial aid offer form shall meet the following requirements:\n ``(1) Clearly distinguish between the aid offered in \n paragraphs (2), (4), and (5) of subsection (b), by including a \n subtotal for the aid offered in each of such paragraphs and by \n refraining from commingling the different types of aid \n described in such paragraphs.\n ``(2) Use standard definitions and names for the terms \n described in subsection (b) that are developed by the Secretary \n of Education in consultation with the heads of relevant Federal \n agencies, representatives of institutions of higher education, \n nonprofit consumer groups, students, and secondary school and \n higher education guidance counselors, not later than 3 months \n after the date of enactment of the Understanding the True Cost \n of College Act of 2012.\n ``(3) If an institution's recommended Federal student loan \n aid offered in subsection (b)(5) is less than the Federal \n maximum available to the student, the institution shall provide \n additional information on Federal student loans, including the \n types and amounts for which the student is eligible in an \n attached document or webpage.\n ``(4) Use standard formatting and design that the Secretary \n of Education, in consultation with the heads of relevant \n Federal agencies, representatives of institutions of higher \n education, nonprofit consumer groups, students, and secondary \n school and higher education guidance counselors determine is \n appropriate to produce multiple draft financial aid offer \n designs for consumer testing not later than 3 months after the \n date of enactment of the Understanding the True Cost of College \n Act of 2012 to ensure--\n ``(A) that figures described in paragraphs (1) \n through (5) of subsection (b) are in the same font, \n appear in the same order, and are displayed prominently \n on the first page of the financial aid offer form \n whether produced in written or electronic format; and\n ``(B) that the other information required in (b) \n and (c) appears in a standard format and design on the \n financial aid offer form.\n ``(5) Include an attestation that the student has accessed \n and read the financial aid offer form, if provided to the \n student in electronic format.\n ``(6) Include language developed by the Secretary of \n Education, in consultation with the heads of relevant Federal \n agencies, notifying eligible students that they may be eligible \n for education benefits, and where they can locate more \n information about such benefits, described in the following \n provisions:\n ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title \n 38, United States Code.\n ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 \n of title 10, United States Code.\n ``(C) Section 1784a, 2005, or 2007 of title 10, \n United States Code.\n ``(e) Additional Information.--Nothing in this section shall \npreclude an institution from supplementing the financial aid offer form \nwith additional information so long as such additional information \nsupplements the financial aid offer form and is not located on the \nfinancial aid offer form.\n ``(f) Consumer Testing.--\n ``(1) In general.--Not later than 3 months after the date \n of enactment of the Understanding the True Cost of College Act \n of 2012, the Secretary of Education, in consultation with the \n heads of relevant Federal agencies, shall establish a process \n to submit the financial aid offer form developed under this \n section for consumer testing among representatives of students \n (including low-income students, first generation college \n students, adult students, and prospective students), students' \n families (including low-income families, families with first \n generation college students, and families with prospective \n students), institutions of higher education, secondary school \n and postsecondary counselors, and nonprofit consumer groups.\n ``(2) Length of consumer testing.--The Secretary of \n Education shall ensure that the consumer testing lasts no \n longer than 6 months after the process for consumer testing is \n developed under paragraph (1).\n ``(3) Use of results.--The results of consumer testing \n under paragraph (1) shall be used in the final development of \n the financial aid offer form.\n ``(4) Reporting requirement.--Not later than 3 months after \n the date the consumer testing under paragraph (1) concludes, \n the Secretary of Education shall submit to Congress the final \n standard financial aid offer form and a report detailing the \n results of such testing, including whether the Secretary added \n any additional items to the standard financial aid offer form \n pursuant to subsection (b)(10).\n ``(5) Authority to modify.--The Secretary of Education may \n modify the definitions, terms, formatting, and design of the \n financial aid offer form based on the results of consumer \n testing required under this subsection and before finalizing \n the form.''.\n (b) Mandatory Form.--Part B of title I of the Higher Education Act \nof 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM.\n\n ``(a) In General.--Notwithstanding any other provision of law, each \ninstitution of higher education that receives Federal financial \nassistance under this Act shall use the financial aid offer form \ndeveloped under section 484 of the Higher Education Opportunity Act (20 \nU.S.C. 1092 note) in providing written or electronic financial aid \noffers to students enrolled in, or accepted for enrollment in, the \ninstitution.\n ``(b) Effective Date.--The requirement under subsection (a) shall \ntake effect 8 months after the Secretary of Education finalizes the \noffer form developed under section 484(a) of the Higher Education \nOpportunity Act (20 U.S.C. 1092 note).''.","summary":"Understanding the True Cost of College Act of 2012 - Amends the Higher Education Opportunity Act to refer to the Secretary of Education's model institution of higher eduction (IHE) financial aid offer form as the standard form. Requires the standard form to include certain additional items, such as: (1) information concerning work study assistance, including its dependence on the availability of employment opportunities. (2) the disclosure that federal student loans offer generally more favorable terms and repayment options than private education loans. (3) the deadline for and a summary of the financial aid acceptance process. (4) the academic period covered by the offer and whether the aid is based on full-time or part-time enrollment. And (5) the IHE's most recent cohort default rate compared to the national average cohort default rate, if more than 30 of the school's students take out student loans. Requires more detailed information to be included on the form. Includes among those details, with respect to federal education loans, information: (1) identifying the type and amount of loan recommended for the applicable student, (2) clearly indicating that such loans need to be repaid. (3) disclosing the student's right to borrow less than the recommended amount. And (4) detailing the interest rates, fees, expected monthly repayment amounts, and sums to be paid over the life of such loans. Requires that certain steps be taken to improve the clarity of the form and provide recipients with access to additional information. Directs the Secretary, before finalizing the standard form, to submit it to consumer testing among students, their families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups. Amends title IV of the Higher Education Act of 1965 to require each IHE receiving federal financial assistance under the Act to use the standard form in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the IHE.","title":"A bill to amend the Higher Education Opportunity Act to add disclosure requirements to the institution financial aid offer form and to amend the Higher Education Act of 1965 to make such form mandatory.","text_len":17278,"sum_len":2027} {"bill_id":"107_hr3459","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``TANF Recipients' Lifeline Act''.\n\nSEC. 2. REPEAL OF 5-YEAR LIMIT ON BENEFITS.\n\n (a) In General.--Section 408(a) of the Social Security Act (42 \nU.S.C. 608(a)) is amended by striking paragraph (7).\n (b) Conforming Amendment.--Section 409(a) of such Act (42 U.S.C. \n609(a)) is amended by striking paragraph (9).\n\nSEC. 3. EXCEPTION FOR TANF TO 5-YEAR BAN ON BENEFITS FOR QUALIFIED \n ALIENS.\n\n (a) In General.--Section 403(c)(2) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) \nis amended by adding at the end the following:\n ``(L) Benefits under the Temporary Assistance for \n Needy Families program described in section \n 402(b)(3)(A).''.\n (b) Conforming Amendments.--Section 402(b)(2) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (8 \nU.S.C. 1612(b)(2)) is amended--\n (1) in subparagraph (A)(ii) by striking ``subparagraph \n (C))'' and inserting ``subparagraphs (A) and (C))''; and\n (2) by striking subparagraph (B).\n\nSEC. 4. REQUIREMENT TO PROVIDE TRANSLATION SERVICES FOR NON-ENGLISH \n SPEAKERS.\n\n (a) Requirement.--Section 408(a) of the Social Security Act (42 \nU.S.C. 608(a)) is amended by adding at the end the following:\n ``(12) Use of bilingual personnel and printed material.--A \n State to which a grant is made under section 403 shall use \n appropriate bilingual personnel and printed material in the \n administration of the State program funded under this part in \n those portions of the political subdivisions in the State in \n which a substantial number of recipients of assistance under \n the State program speak a language other than English.''.\n (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is \namended by adding at the end the following:\n ``(15) Failure to use bilingual personnel and printed \n material.--If the Secretary determines that a State to which a \n grant is made under section 403 for a fiscal year has violated \n section 408(a)(12) during the fiscal year, the Secretary shall \n reduce the grant payable to the State under section 403(a)(1) \n for the immediately succeeding fiscal year by an amount equal \n to 2 percent of the State family assistance grant.''.\n\nSEC. 5. INFLATION ADJUSTMENT OF BLOCK GRANT.\n\n (a) Extension of Block Grant.--Section 403(a)(1)(A) of the Social \nSecurity Act (42 U.S.C. 603(a)(1)(A)) is amended by striking ``1996'' \nand all that follows through ``2002'' and inserting ``2002 through \n2005''.\n (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C. \n603(a)(1)) is amended--\n (1) in subparagraph (B)--\n (A) by striking ``means the greatest of--'' and \n inserting ``means, with respect to a fiscal year \n specified in subparagraph (A)--\n ``(i) the greatest of--'';\n (B) by redesignating each of clauses (i), (ii)(I), \n (ii)(II), and (iii) as subclauses (I), (II)(aa), \n (II)(bb), and (III), respectively;\n (C) by indenting each of the provisions specified \n in subparagraph (B) of this paragraph 2 additional ems \n to the right;\n (D) by striking the period and inserting ``; \n mulitplied by''; and\n (E) by adding at the end the following:\n ``(ii) if the fiscal year specified in \n subparagraph (A) is--\n ``(I) fiscal year 2002 or 2003, \n 1.00; or\n ``(II) fiscal year 2004 or 2005, \n 1.00 plus the inflation percentage (as \n defined in subparagraph (F) of this \n paragraph) in effect for the fiscal \n year specified in subparagraph (A).''; \n and\n (2) by adding at the end the following:\n ``(F) Inflation percentage.--For purposes of \n subparagraph (B) of this paragraph, the inflation \n percentage applicable to a fiscal year is the \n percentage (if any) by which--\n ``(i) the average of the Consumer Price \n Index (as defined in section 1(f)(5) of the \n Internal Revenue Code of 1986) for the 12-month \n period ending on September 30 of the \n immediately preceding fiscal year; exceeds\n ``(ii) the average of the Consumer Price \n Index (as so defined) for the 12-month period \n ending on September 30, 2002.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on October 1, \n2002.","summary":"TANF Recipients' Lifeline Act - Amends part A (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal the five year limit on TANF benefits. (2) require a State to which a TANF grant is made to use appropriate bilingual personnel and printed material in the administration of the State program in those portions of the State in which a substantial number of TANF recipients speak a language other than English. And (3) provide for inflation adjustment of the TANF block grant. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exempt TANF benefits from the ban on Federal means-tested public benefits for qualified aliens for the first five years after lawful entry into the United States.","title":"To reform the program of block grants to States for temporary assistance for needy families.","text_len":5186,"sum_len":735} {"bill_id":"110_hr513","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Heroes Credit Protection \nAct''.\n\nSEC. 2. PROTECTION OF CREDIT RATINGS OF MEMBERS OF THE RESERVE \n COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.\n\n (a) In General.--Title II of the Servicemembers Civil Relief Act \n(50 U.S.C. App. 521 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 208. PROTECTION OF CREDIT RATINGS OF MEMBERS OF RESERVE \n COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.\n\n ``(a) Request for Military Service Deployment Explanation.--At any \ntime during or after serving on active duty in support of a contingency \noperation, an eligible servicemember may request that a consumer \nreporting agency include a military service deployment explanation with \nrespect to a qualifying account in the file of that servicemember at \nthe consumer reporting agency.\n ``(b) Responsibilities of Consumer Reporting Agencies.--Upon \nreceiving a request from an eligible servicemember under subsection \n(a), a consumer reporting agency shall--\n ``(1) include a military service deployment explanation \n with respect to a qualifying account in the file of that \n servicemember and provide the military service deployment \n explanation to each person who requests the credit score or \n consumer report of the servicemember;\n ``(2) develop and maintain procedures for the referral to \n other such agencies of any military service deployment \n explanation received by the agency; and\n ``(3) notify the servicemember in writing that the \n inclusion of any explanation or notation in the file of the \n servicemember could potentially negatively affect the credit \n rating of the servicemember and may not mitigate a low credit \n score.\n ``(c) Duty of Reseller to Reconvey Military Service Deployment \nExplanation.--A reseller shall include in any report of the reseller on \na servicemember any military service deployment explanation placed in \nthe file of that servicemember by another consumer reporting agency \npursuant to this section.\n ``(d) Acknowledgment of Military Service Deployment Explanation.--\nAny prospective user of a consumer credit report containing a military \nservice deployment explanation shall acknowledge such military service \ndeployment explanation.\n ``(e) Definitions.--For the purposes of this section:\n ``(1) The term `eligible servicemember' means a member of a \n reserve component who serves on active duty outside the \n continental United States in support of a contingency operation \n under a call or order specifying a period of such service of \n not less than 180 days (or who enters such service under a call \n or order specifying a period of 180 days or less and who, \n without a break in service, receives orders extending the \n period of such service to a period of not less than 180 days).\n ``(2) The term `military service deployment explanation' \n means a code generated by a consumer reporting agency that is \n delivered in conjunction with a consumer report or credit score \n to a user of the consumer report or credit score to indicate \n that the consumer report or credit score of the consumer was \n adversely affected during a period in which the consumer was a \n servicemember serving on active duty outside the continental \n United States in support of a contingency operation.\n ``(3) The term `contingency operation' has the meaning \n given that term under section 101(a)(13) of title 10, United \n States Code.\n ``(4) The term `active duty' has the meaning given that \n term under section 101(d)(1) of title 10, United States Code.\n ``(5) The term `consumer reporting agency' has the meaning \n given that term under section 603 of the Fair Credit Reporting \n Act.\n ``(6) The term `reseller' has the meaning given that term \n under section 603 of the Fair Credit Reporting Act.\n ``(7) The term `qualifying account' means an account that \n was opened by a servicemember before the date on which the \n servicemember was deployed outside the continental United \n States in support of a contingency operation, but only with \n respect to obligations incurred before such date.''.\n (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by inserting after the item relating to section 207 \nthe following new item:\n\n``Sec. 208. Protection of credit ratings of certain servicemembers.''.\n (c) Military Service Deployment Explanation Not to Affect Certain \nFuture Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is \namended in the matter preceding paragraph (1), by inserting after \n``liability of that servicemember'' the following: ``, or the inclusion \nof a military service deployment explanation in a file of the \nservicemember at a consumer reporting agency pursuant to section \n208,''.\n\n Passed the House of Representatives November 5, 2007.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"National Heroes Credit Protection Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to authorize a member of the reserves who is deployed outside the United States for 180 days or more in support of a contingency operation (servicemember) to request that a consumer reporting agency (CRA) include in that servicemember's file a military service deployment explanation (explanation) with respect to an account that was opened by the servicemember before such deployment. Requires: (1) a reseller of credit reporting information to include in any report on a servicemember any explanation placed in such servicemember's file by another CRA. And (2) any user of a consumer credit report containing such explanation to acknowledge the explanation.","title":"A bill to amend the Servicemembers Civil Relief Act to enhance the protection of credit ratings of members of the reserve component who serve on active duty in support of a contingency operation, and for other purposes.","text_len":5413,"sum_len":758} {"bill_id":"111_s3498","text":"SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES.\n\n (a) In General.--Part A of title II of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at \nthe end the following:\n\n ``Subpart 6--Teachers Professional Development Institutes\n\n``SEC. 2161. SHORT TITLE.\n\n ``This subpart may be cited as the `Teachers Professional \nDevelopment Institutes Act'.\n\n``SEC. 2162. FINDINGS AND PURPOSE.\n\n ``(a) Findings.--Congress makes the following findings:\n ``(1) Teaching is central to the educational process and \n the ongoing professional development of teachers in the \n subjects they teach is essential for improved student learning.\n ``(2) Attaining the goal of the No Child Left Behind Act of \n 2001 (Public Law 107-110)--having a classroom teacher who is \n highly effective in every academic subject the teacher \n teaches--will require innovative approaches to improve the \n effectiveness of teachers in the classroom.\n ``(3) The Teachers Institute Model focuses on the \n continuing academic preparation of schoolteachers and the \n application of what the teachers study to their classrooms and \n potentially to the classrooms of other teachers.\n ``(4) The Teachers Institute Model was developed initially \n by the Yale-New Haven Teachers Institute and has successfully \n operated in New Haven, Connecticut, for more than 30 years.\n ``(5) The Teachers Institute Model has also been \n successfully implemented in cities larger than New Haven.\n ``(6) In the spring of 2009, a report entitled `An \n Evaluation of Teachers Institute Experiences' concluded that--\n ``(A) Teachers Institutes enhance precisely those \n teacher qualities known to improve student achievement;\n ``(B) Teachers Institutes exemplify the crucial \n characteristics of high-quality teacher professional \n development; and\n ``(C) Teachers Institute participation is strongly \n related to teacher retention in high-poverty schools.\n ``(b) Purpose.--The purpose of this subpart is to provide Federal \nassistance to support the establishment and operation of Teachers \nInstitutes for local educational agencies that serve significant low-\nincome student populations in States throughout the Nation, in order \nto--\n ``(1) improve student learning; and\n ``(2) enhance the quality and effectiveness of teaching and \n strengthen the subject matter mastery and the pedagogical \n skills of current teachers through continuing teacher \n preparation.\n\n``SEC. 2163. DEFINITIONS.\n\n ``In this subpart:\n ``(1) Significant low-income student population.--The term \n `significant low-income student population' means a student \n population of which not less than 40 percent of the students \n included are eligible for free or reduced-price lunches under \n the Richard B. Russell National School Lunch Act.\n ``(2) Teachers institute.--The term `Teachers Institute' \n means a partnership or joint venture--\n ``(A) between or among--\n ``(i) 1 or more institutions of higher \n education; and\n ``(ii) 1 or more local educational agencies \n that serve 1 or more schools with significant \n low-income student populations; and\n ``(B) that improves the effectiveness of teachers \n in the classroom, and the quality of teaching and \n learning, through collaborative seminars designed to \n enhance both the subject matter and the pedagogical \n resources of the seminar participants.\n\n``SEC. 2164. PROGRAM AUTHORIZED.\n\n ``(a) In General.--The Secretary is authorized to award grants \nunder this subpart in order to encourage the establishment and \noperation of Teachers Institutes.\n ``(b) Technical Assistance.--The Secretary may reserve not more \nthan 50 percent of the funds appropriated to carry out this subpart to \nprovide technical assistance to facilitate the establishment and \noperation of Teachers Institutes. The Secretary may contract with the \nYale-New Haven Teachers Institute to provide all or part of the \ntechnical assistance under this subsection.\n ``(c) Selection Criteria.--In selecting Teachers Institutes to \nsupport through grants under this subpart, the Secretary shall \nconsider--\n ``(1) the extent to which a proposed Teachers Institute \n will serve schools that have significant low-income student \n populations;\n ``(2) the extent to which a proposed Teachers Institute \n will follow the understandings and necessary procedures \n described in section 2166;\n ``(3) the extent to which each local educational agency \n participating in the Teachers Institute has a high percentage \n of teachers who are unprepared or underprepared to teach the \n core academic subjects the teachers are assigned to teach; and\n ``(4) the extent to which a proposed Teachers Institute \n will receive a level of support from the community and other \n sources that will ensure the requisite long-term commitment for \n the success of a Teachers Institute.\n ``(d) Consultation.--\n ``(1) In general.--In evaluating applications using the \n criteria under subsection (c), the Secretary may request the \n advice and assistance of the Yale-New Haven Teachers Institute \n or other Teachers Institutes.\n ``(2) State agencies.--If the Secretary receives 2 or more \n applications for grants under this subpart from local \n educational agencies within the same State, the Secretary shall \n consult with the State educational agency regarding the \n applications.\n ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant \nfunds under this subpart shall be an institution of higher education \nparticipating in the partnership or joint venture, as described in \nsection 2163(2)(A), that is establishing or operating the Teachers \nInstitute.\n ``(f) Limitations.--A grant under this subpart--\n ``(1) shall provide grant funds for a period of not more \n than 5 years; and\n ``(2) shall be in an amount that is not more than 50 \n percent of the total costs of the eligible activities supported \n under the grant, as determined by the Secretary.\n\n``SEC. 2165. ELIGIBLE ACTIVITIES.\n\n ``Grant funds under this subpart may be used--\n ``(1) for the planning, development, establishment, and \n operation of a Teachers Institute;\n ``(2) for additional assistance to an established Teachers \n Institute for its further development and for its support of \n the planning, development, establishment, and operation of a \n Teachers Institute under paragraph (1);\n ``(3) for the salary and necessary expenses of a full-time \n director for a Teachers Institute to plan and manage the \n Teachers Institute and to act as a liaison between all local \n educational agencies and institutions of higher education \n participating in the Teachers Institute;\n ``(4) to provide suitable office space, staff, equipment, \n and supplies, and to pay other operating expenses, for the \n Teachers Institute;\n ``(5) to provide a stipend for teachers participating in \n the collaborative seminars conducted by the Institute in the \n sciences and humanities and to provide remuneration for members \n of the faculty of the participating institution of higher \n education leading the seminars; and\n ``(6) to provide for the dissemination, through print and \n electronic means, of curriculum units prepared in the seminars \n conducted by the Teachers Institute.\n\n``SEC. 2166. UNDERSTANDINGS AND PROCEDURES.\n\n ``A grantee receiving a grant under this subpart shall abide by the \nfollowing understandings and procedures:\n ``(1) Partnership.--The essential relationship of a \n Teachers Institute is a partnership between a local educational \n agency and an institution of higher education. A grantee shall \n demonstrate a long-term commitment on behalf of the \n participating local educational agency and institution of \n higher education to the support, including the financial \n support, of the work of the Teachers Institute.\n ``(2) Seminars.--A Teachers Institute sponsors seminars led \n by faculty of the institution of higher education partner and \n attended by teachers from the local educational agency partner. \n A grantee shall provide participating teachers the ability to \n play an essential role in planning, organizing, conducting, and \n evaluating the seminars and in encouraging the future \n participation of other teachers.\n ``(3) Curriculum unit.--A seminar described in paragraph \n (2) uses a collaborative process, in a collegial environment, \n to develop a curriculum unit for use by participating teachers \n that sets forth the subject matter to be presented and the \n pedagogical strategies to be employed. A grantee shall enable \n participating teachers to develop a curriculum unit, based on \n the subject matter presented, for use in the teachers' \n classrooms.\n ``(4) Eligibility and remuneration.--Seminars are open to \n all partnership teachers with teaching assignments relevant to \n the seminar topics. Seminar leaders receive remuneration for \n their work and participating teachers receive an honorarium or \n stipend upon the successful completion of the seminar. A \n grantee shall provide seminar leaders and participating \n teachers with remuneration to allow them to participate in the \n Teachers Institute.\n ``(5) Direction.--The operations of a Teachers Institute \n are managed by a full-time director who reports to both \n partners but is accountable to the institution of higher \n education partner. A grantee shall appoint a director to manage \n and coordinate the work of the Teachers Institute.\n ``(6) Evaluation.--A grantee shall annually review the \n activities of the Teachers Institute and disseminate the \n results to members of the Teachers Institute's partnership \n community.\n\n``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT.\n\n ``(a) In General.--To receive a grant under this subpart, a \nTeachers Institute, or a partnership or joint venture described in \nsection 2163(2)(A) that is proposing to establish a Teachers Institute, \nshall submit an application to the Secretary that--\n ``(1) meets the requirement of this subpart and any \n regulations under this subpart;\n ``(2) includes a description of how the applicant intends \n to use funds provided under the grant;\n ``(3) includes such information as the Secretary may \n require to apply the criteria described in section 2164(c);\n ``(4) includes measurable objectives for the use of the \n funds provided under the grant; and\n ``(5) contains such other information and assurances as the \n Secretary may require.\n ``(b) Approval.--The Secretary shall--\n ``(1) promptly evaluate an application received for a grant \n under this subpart; and\n ``(2) notify the applicant, within 90 days of the receipt \n of a completed application, of the Secretary's determination.\n ``(c) Agreement.--Upon approval of an application, the Secretary \nand the applicant shall enter into a comprehensive agreement covering \nthe entire period of the grant.\n\n``SEC. 2168. REPORTS AND EVALUATIONS.\n\n ``(a) Report.--Each grantee under this subpart shall report \nannually to the Secretary on the progress of the Teachers Institute in \nachieving the purpose of this subpart.\n ``(b) Evaluation and Dissemination.--The Secretary shall evaluate \nthe activities funded under this subpart and submit an annual report \nregarding the activities assisted under this subpart to the Committee \non Health, Education, Labor, and Pensions of the Senate and the \nCommittee on Education and Labor of the House of Representatives. The \nSecretary shall broadly disseminate successful practices developed by \nTeachers Institutes.\n ``(c) Revocation.--If the Secretary determines that a grantee is \nnot making substantial progress in meeting the purposes of the grant by \nthe end of the second year of the grant under this subpart, the \nSecretary may take appropriate action, including revocation of further \npayments under the grant, to ensure that the funds available under this \nsubpart are used in the most effective manner.\n\n``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated for grants (including \nplanning grants) and technical assistance under this subpart--\n ``(1) $4,000,000 for fiscal year 2011;\n ``(2) $5,000,000 for fiscal year 2012;\n ``(3) $6,000,000 for fiscal year 2013;\n ``(4) $7,000,000 for fiscal year 2014; and\n ``(5) $8,000,000 for fiscal year 2015.''.\n (b) Table of Contents.--The table of contents of the Elementary and \nSecondary Education Act of 1965 is amended by inserting after the item \nrelating to section 2151 the following:\n\n ``subpart 6--teachers professional development institutes\n\n``Sec. 2161. Short title.\n``Sec. 2162. Findings and purpose.\n``Sec. 2163. Definitions.\n``Sec. 2164. Program authorized.\n``Sec. 2165. Eligible activities.\n``Sec. 2166. Understandings and procedures.\n``Sec. 2167. Application, approval, and agreement.\n``Sec. 2168. Reports and evaluations.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes. And (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes. Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population. Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars.","title":"A bill to support the establishment and operation of Teachers Professional Development Institutes.","text_len":14291,"sum_len":892} {"bill_id":"113_hr1698","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stabilize Medicaid and CHIP Coverage \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Every year millions of people are enrolled in Medicaid \n and the Children's Health Insurance Program (in this section \n referred to as ``CHIP''), but subsequently lose their coverage, \n despite still being eligible, because of inefficient and \n cumbersome paperwork and logistical requirements.\n (2) Data show that the typical enrollee receives Medicaid \n coverage for about three-quarters of a year. Coverage periods \n are lower for non-elderly, non-disabled adults than for those \n with disabilities, seniors, and children.\n (3) Medicaid enrollees with coverage disruptions are more \n likely to be hospitalized for illnesses like asthma, diabetes, \n or cardiovascular disease that can be effectively managed \n through ongoing primary medical care and medication, are less \n likely to be screened for breast cancer, and may have poorer \n cancer outcomes.\n (4) Children enrolled in CHIP also experience disruptions \n in health coverage and care. For example, during just a one-\n year period, over one-third of CHIP enrollees were also \n enrolled in a State's Medicaid program. Transitions between \n Medicaid and CHIP can cause disruptions in care because the \n health care coverage and participating providers vary between \n the two programs.\n (5) Interruptions in coverage can impair the receipt of \n effective primary care and lead to expensive hospitalizations \n or emergency room visits. Unnecessary enrollment, \n disenrollment, and reenrollment in Medicaid and CHIP result in \n higher administrative expenses for re-enrollment and result in \n more people uninsured at any given time.\n (6) Stable coverage under Medicaid and CHIP lowers average \n monthly medical costs.\n (7) Continuous enrollment also permits better prevention \n and disease management, leading to fewer serious illnesses and \n hospitalizations.\n (8) Children with stable coverage are less likely to have \n unmet medical needs, allowing children to receive the \n preventive care that is necessary to help them grow into \n healthy adults.\n\nSEC. 3. 12-MONTH CONTINUOUS ENROLLMENT.\n\n (a) Requirement of 12-Month Continuous Enrollment Under Medicaid.--\nSection 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)(12)) \nis amended to read as follows:\n ``(12) 12-month continuous enrollment.--Notwithstanding any \n other provision of this title, a State plan approved under this \n title (or under any waiver of such plan approved pursuant to \n section 1115 or section 1915), shall provide that an individual \n who is determined to be eligible for benefits under such plan \n (or waiver) shall remain eligible and enrolled for such \n benefits through the end of the month in which the 12-month \n period (beginning on the date of determination of eligibility) \n ends.''.\n (b) Requirement of 12-Month Continuous Enrollment Under CHIP.--\n (1) In general.--Section 2102(b) of the Social Security Act \n (42 U.S.C. 1397bb(b)) is amended by adding at the end the \n following new paragraph:\n ``(6) Requirement for 12-month continuous enrollment.--\n Notwithstanding any other provision of this title, a State \n child health plan that provides child health assistance under \n this title through a means other than described in section \n 2101(a)(2), shall provide that an individual who is determined \n to be eligible for benefits under such plan shall remain \n eligible and enrolled for such benefits through the end of the \n month in which the 12-month period (beginning on the date of \n determination of eligibility) ends.''.\n (2) Conforming amendment.--Section 2105(a)(4)(A) of the \n Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended--\n (A) by striking ``has elected the option of'' and \n inserting ``is in compliance with the requirement \n for''; and\n (B) by striking ``applying such policy under its \n State child health plan under this title'' and \n inserting ``in compliance with section 2102(b)''.\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2) or \n (3), the amendments made by subsections (a) and (b) shall apply \n to determinations (and redeterminations) of eligibility made on \n or after the date that is 18 months after the date of the \n enactment of this Act.\n (2) Extension of effective date for state law amendment.--\n In the case of a State plan under title XIX or State child \n health plan under title XXI of the Social Security Act (42 \n U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) which the \n Secretary of Health and Human Services determines requires \n State legislation (other than legislation appropriating funds) \n in order for the respective plan to meet the additional \n requirement imposed by the amendment made by subsection (a) or \n (b), respectively, the respective plan shall not be regarded as \n failing to comply with the requirements of such title solely on \n the basis of its failure to meet such applicable additional \n requirement before the first day of the first calendar quarter \n beginning after the close of the first regular session of the \n State legislature that begins after the date of enactment of \n this Act. For purposes of the previous sentence, in the case of \n a State that has a 2-year legislative session, each year of the \n session is considered to be a separate regular session of the \n State legislature.\n (3) Option to implement 12-month continuous eligibility \n prior to effective date.--A State may elect through a State \n plan amendment under title XIX or XXI of the Social Security \n Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) to apply \n the amendment made by subsection (a) or (b), respectively, on \n any date prior to the 18-month date specified in paragraph (1), \n but not sooner than the date of the enactment of this Act.","summary":"Stabilize Medicaid and CHIP Coverage Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age. Amends SSA title XXI (CHIP) to require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual.","title":"Stabilize Medicaid and CHIP Coverage Act","text_len":6663,"sum_len":357} {"bill_id":"104_s1290","text":"67 with respect to deficit reduction are \namended to reflect the total reductions provided in section 2(b).\n (b) Defense Discretionary.--The assumptions included in the \nconference report on House Concurrent Resolution 67 with respect to \nreductions in defense discretionary spending shall be assumed to \ninclude the following:\n (1) Limit defense spending in fiscal year 1996 to \n $244,000,000,000, in fiscal year 1997 to $241,000,000,000, in \n fiscal year 1998 to $248,000,000,000, in fiscal year 1999 to \n $254,000,000,000, and in fiscal year 2000 to $261,000,000,000.\n (2) Terminate production of Trident D5 submarine launched \n ballistic missiles after 1996.\n (3) Phase out over five years the equivalent of two Army \n light divisions.\n (4) Deny unemployment compensation to service members who \n voluntarily leave the service.\n (5) Close the Uniformed Services University of the Health \n Sciences, with the last class admitted in 1995 and all \n activities halted on that class' graduation in 1999.\n (6) Rather than replacing or revitalizing existing \n Department of Defense Housing Stock, increase reliance on \n private-sector housing for military families by making service \n personnel eligible for a cash housing allowance regardless of \n whether they live in Department of Defense or private-sector \nunits and charging market-driven rent for Department of Defense \nhousing.\n (7) Reduce the Intelligence budget by $300 million in each \n of fiscal years 1996, 1997, 1998, 1999, and 2000.\n (8) Encourage private ownership of industrial assets used \n in defense production by granting the General Services \n Administration clear authority to negotiate sale of equipment \n to the holding contractor in situations in which continued \n Department of Defense ownership is not necessary, and by \n requiring contractors in the future to rent or lease such \n equipment from the Department of Defense if they demonstrate it \n is in the Department of Defense's interest to provide the \n equipment.\n (9) Increase burdensharing by the Republic of Korea by \n requiring it to increase its contribution to include all \n payments of Korean won-based labor costs of local employees \n working for the United States military and support services \n contracts.\n (10) Procure the most cost-effective mix of C-17's and \n commercial airlifters.\n (11) Cancel the Army's Tank Upgrade Program and lay-away \n production facilities, deactivating but preserving the \n Government-owned tank manufacturing facilities.\n (12) While retaining the number of nuclear warheads \n permitted by the Strategic Arms Reduction Treaty II (START II), \n reduce the strategic delivery system structure to 300 Minuteman \n III ICBM's, 10 Trident submarines each carrying 24 missiles \n with 7 warheads; 66 B-52H bombers, each carrying 16 warheads; \n and 20 B-2 bombers, each carrying 16 warheads.\n (13) Repeal the Civilian Marksmanship Program.\n (14) Terminate all funding for the Selective Service System \n except to terminate the program.\n (15) Limit the mission of the Ballistic Missile Defense \n Organization to Theater Missile Defense and Terminate its other \n projects.\n (16) Terminate the National Aerospace Plane Program.\n (17) Scale back weapons production and maintenance \n activities at the Department of Energy to support an arsenal of \n 4,000 warheads.\n (c) Nondefense Discretionary.--The assumptions included in the \nconference report on House Concurrent Resolution 67 with respect to \nreductions in non-defense discretionary spending shall be assumed to \ninclude the following:\n (1) Terminate NASA's support for producers of commercial \n airlines.\n (2) Consolidate and downsize Overseas Broadcasting by \n capping funding to Radio Free Europe and Radio Liberty at the \n level of $75 million per year.\n (3) Terminate funding for the Puget Sound Naval Shipyard \n Recreational Facility and rescind all unobligated prior \n appropriations.\n (4) Terminate the International Space Station Program.\n (5) Terminate the High-Temperature Gas Reactor Program, \n also known as the Gas Turbine-Modular Helium Reactor.\n (6) Phase in over five years a reduction of 25 percent of \n fiscal year 1995 appropriations for research and development \n programs for fossil, nuclear, and fusion energy.\n (7) Allow private producers to build and operate co-\n generation facilities at Federal civilian installations, paying \n all construction costs and assuming all financial risks.\n (8) Reduce electrification and telephone credit subsidies \n to rural utilities services to levels calculated to result in \n electricity and telephone consumer costs equivalent to those \n for consumers in the service areas of unsubsidized electric and \n telephone companies.\n (9) Offer for sale the Naval Petroleum Reserve Number 1, \n located at Elk Hills, California.\n (10) Prohibit the sale of timber from national forests at a \n price insufficient to recover fully the Forest Service's \n associated costs for timber management, reforestation, \n construction, and maintenance of logging roads, payments to \n States, and other timber program costs.\n (11) Limit the level of Federal support for agricultural \n research and extension activities to 90 percent of the fiscal \n year 1995 level for fiscal years 1996 through 2000.\n (12) Terminate the Interstate Commerce Commission and \n transfer its motor carrier safety responsibilities to the \n Department of Transportation.\n (13) Terminate the U.S. Travel and Tourism Administration \n in 1997.\n (14) Terminate the Pennsylvania Avenue Development \n Corporation.\n (15) Align the method of computing cost-of-living \n adjustment of the compensation for members of Congress with \n compensation for civil servants.\n (16) Limit the number of days Senior Executive Service \n employees may accrue as annual leave to 30.\n (17) Permanently reduce the number of political appointees \n to 2,000.\n\nSEC. 4. DIRECT SPENDING REDUCTIONS.\n\n (a) Sales of Electric Power By the Power Marketing \nAdministrations.--Notwithstanding any other law governing sales of \nelectric power by the Alaska Power Marketing Administration, Bonneville \nPower Marketing Administration, Southern Power Marketing \nAdministration, Southeastern Power Marketing Administration, or Western \nArea Power Marketing Administration (each of which is referred to in \nthis subsection as the ``Administration'')--\n (1) offers of sales of electric power by the Administration \n shall be made on a nonpreferential basis to public bodies and \n cooperatives and private persons;\n (2) sales of electric power by the Administration shall be \n made to the persons offering the highest price for the power; \n and\n (3) the Administration shall not be required to acquire for \n sale to any public body or cooperative or any other person any \n amount of electric power in excess of that generated by the \n projects from which the Administration sells power.\n (b) Spent Nuclear Waste Storage Fees.--Section 136(a)(3) of the \nNuclear Waste Policy Act of 1982 (42 U.S.C. 10156(a)(3)) is amended--\n (1) by striking ``(3) Fees'' and inserting the following:\n ``(3) Fees.--\n ``(A) In general.--Fees''; and\n (2) by adding at the end the following:\n ``(B) Adjustment for inflation.--On and after the \n date of enactment of this subparagraph, the amount of \n the storage fees established under subparagraph (A) \n shall be adjusted annually on October 1 to account for \n inflation since the date of enactment of this Act.\n ``(C) Deadline for payment.--The principal amount \n of all storage fees established under subparagraph (A) \n shall be paid by September 30, 1997, and all of the \n interest accrued or all storage fees shall be paid by \n September 30, 1998.''.\n (c) Expansion and Extension of Authority to Use Competitive \nBidding.--\n (1) Licenses and permits subject to competitive bidding.--\n Subsection (j) of section 309 of the Communications Act of 1934 \n (47 U.S.C. 309) is amended--\n (A) in paragraph (1), by striking out ``described \n in paragraph (2)''; and\n (B) by striking out paragraph (2).\n (2) Permanent authority.--Such subsection is further \n amended by striking out paragraph (11).\n (3) Conforming repeal of random selection authority.--Such \n section is further amended by striking out subsection (i).\n (d) Termination of Price Support and Production Adjustment Programs \nfor Sugar Beets and Sugarcane.--\n (1) Termination of price support program.--\n (A) Price support levels for designated nonbasic \n agricultural commodities.--Section 201(a) of the \n Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended \n by striking ``milk, sugar beets, and sugarcane'' and \n inserting ``and milk''.\n (B) Sugar price support.--Section 206 of the Act (7 \n U.S.C. 1446g) is repealed.\n (C) Benefits.--Section 401(e) of the Act (7 U.S.C. \n 1421(e)) is amended--\n (i) in paragraph (1), by striking ``(1)''; \n and\n (ii) by striking paragraph (2).\n (D) Personal liability of producers for \n deficiencies.--Section 405 of the Act (7 U.S.C. 1425) \n is amended--\n (i) in subsection (a), by striking ``(a)''; \n and\n (ii) by striking subsection (b).\n (E) Powers of commodity credit corporation.--\n Section 5(a) of the Commodity Credit Corporation \n Charter Act (7 U.S.C. 714c(a)) is amended by inserting \n ``(except for sugar beets and sugarcane)'' after \n ``agricultural commodities''.\n (2) Termination of acreage allotments and marketing \n quotas.--\n (A) Termination.--Part VII of subtitle B of title \n III of the Agricultural Adjustment Act of 1938 (7 \n U.S.C. 1359aa et seq.) is repealed.\n (B) Conforming Amendment.--Section 344(f)(2) of the \n Act (7 U.S.C. 1344(f)(2)) is amended by striking \n ``sugar cane for sugar, sugar beets for sugar,''.\n (3) Conforming amendments regarding prevention of \n government accumulation of sugar.--Section 902 of the Food \n Security Act of 1985 (7 U.S.C. 1446g note) is amended--\n (A) by striking subsection (a); and\n (B) by redesignating subsections (b) and (c) as \n subsections (a) and (b), respectively.\n (4) Conforming amendment regarding section 32 activities.--\n The second sentence of the first paragraph of section 32 of the \n Act of August 24, 1935 (7 U.S.C. 612c) is amended by inserting \n ``(other than sugar beets and sugarcane)'' after ``commodity'' \n the last place it appears.\n (5) Prohibition on subsequent provision of price support.--\n (A) Prohibition.--After the effective date of this \n subsection, the Secretary of Agriculture may not make \n price support available, whether in the form of loans, \n payments, purchases, or other operations, for crops of \n sugar beets or sugarcane by using the funds of the \n Commodity Credit Corporation or under the authority of \n any law.\n (B) Exception.--Notwithstanding subparagraph (A), \n the Secretary shall settle any outstanding loans under \n section 206 of the Agricultural Act of 1949 (7 U.S.C. \n 1446g) made before the effective date of this \n subsection.\n (6) Effect on existing liability.--The amendments made by \n this subsection shall not affect the liability of any person \n under any provision of law as in effect before the effective \n date of this subsection.\n (7) Effective date.--This subsection and the amendments \n made by this subsection shall become effective on October 1, \n 1996.\n (e) Elimination of Market Promotion Program.--\n (1) In general.--Section 203 of the Agricultural Trade Act \n of 1978 (7 U.S.C. 5623) is repealed.\n (2) Conforming amendments.--\n (A) Section 211 of the Act (7 U.S.C. 5641) is \n amended by striking subsection (c).\n (B) Section 402(a)(1) of the Act (7 U.S.C. \n 5662(a)(1)) is amended by striking ``203,''.\n (C) Section 1302 of the Omnibus Budget \n Reconciliation Act of 1993 (Public Law 103-66; 7 U.S.C. \n 5623 note) is repealed.\n (f) Elimination of Export Enhancement Program.--\n (1) In general.--Section 301 of the Agricultural Trade Act \n of 1978 (7 U.S.C. 5651) is repealed.\n (2) Conforming amendments.--\n (A) Section 103(d)(2) of the Act (7 U.S.C. \n 5603(d)(2)) is amended by striking ``(as amended) and \n the program under section 301''.\n (B) The title heading of title III of the Act (7 \n U.S.C. prec. 5651) is amended to read as follows:\n\n ``TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES''.\n\n (C) Section 303 of the Act (7 U.S.C. 5653) is \n amended by striking ``, such as that established under \n section 301,''.\n (D) Section 401 of the Act (7 U.S.C. 5661) is \n amended by striking ``sections 201, 202, and 301'' each \n place it appears in subsections (a) and (b) and \n inserting ``sections 201 and 202''.\n (E) Section 402(a)(1) of the Act (7 U.S.C. \n 5662(a)(1)) (as amended by section 301(b)(2)) is \n further amended by striking ``sections 201, 202, and \n 301'' and inserting ``sections 201 and 202''.","summary":"Responsible Deficit Reduction Act of 1995 - Amends House Concurrent Resolution 67, 104th Congress to revise the definition of discretionary spending limit so as to reduce and specify new budget authority and outlay levels only for FY 1996 through 2000 . Modifies the deficit reduction assumptions in the conference report on that resolution. Declares that, notwithstanding any other law governing sales of electric power by the Alaska Power Marketing Administration, the Bonneville Power Marketing Administration, the Southern Power Marketing Administration, the Southeastern Power Marketing Administration, or the Western Area Power Marketing Administration : (1) offers of power sales by the Administration shall be made on a nonpreferential basis to public bodies and cooperatives and private persons. (2) sales of power by the Administration shall be made to the persons offering the highest price. And (3) the Administration shall not be required to acquire for sale to any public body or cooperative or any other person any amount of power in excess of that generated by the projects from which the Administration sells power. Amends the Nuclear Waste Policy Act of 1982 to: (1) require annual inflation adjustment of storage fees. And (2) establish deadlines for the payment of principal and interest on storage fees. Amends the Communications Act of 1934 to modify license application competitive bidding requirements. Removes provisions terminating the authority of the Federal Communications Commission to grant a license or permit under specified provisions. Amends the Agricultural Act of 1949 to end the authority to provide price support for sugar beets and sugarcane. Removes provisions relating to security interests obtained by the Commodity Credit Corporation resulting from security agreements by sugar beet and sugarcane processors. Amends the Commodity Credit Corporation Charter Act to exclude sugar beets and sugarcane from the general power of the Commodity Credit Corporation to support agricultural commodity prices. Amends the Agricultural Adjustment Act to repeal marketing quota provisions relating to information reporting by sugarcane processors, cane sugar refiners, sugar beet processors, manufacturers of crystalline fructose, and producers of sugarcane or sugar beets. Prohibits the Secretary of Agriculture from making price support available for sugar beets or sugarcane under any law, except for settling outstanding loans under specified provisions. Amends the Agricultural Trade Act of 1978 to repeal provisions mandating a commodity export market promotion program and provisions mandating a commodity export enhancement program.","title":"Responsible Deficit Reduction Act of 1995","text_len":15304,"sum_len":2670} {"bill_id":"105_hr4732","text":"SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE ELECTRIC OUTPUT \n FACILITIES.\n\n (a) In General.--Section 141 of the Internal Revenue Code of 1986 \n(relating to private activity bond; qualified bond) is amended by \nredesignating subsection (e) as subsection (f) and inserting after \nsubsection (d) the following new subsection:\n ``(e) Bonds for Electric Output Facilities.--\n ``(1) Bonds issued before enactment of comprehensive \n electricity competition act.--\n ``(A) In general.--The determination of whether any \n pre-effective date electric output facility bond is a \n private activity bond (or an industrial development \n bond under the Internal Revenue Code of 1954), shall be \n made without regard to any permissible competitive \n actions taken by the issuer.\n ``(B) Pre-effective date electric output facility \n bond.--For purposes of subparagraph (A), the term `pre-\n effective date electric output facility bond' means any \n bond issued as part of an issue if--\n ``(i) such bond was issued before the date \n of the enactment of the Comprehensive \n Electricity Competition Act,\n ``(ii) any portion of the proceeds of such \n issue was used with respect to an electric \n output facility, and\n ``(iii) such bond was not, as of such date \n of enactment, a private activity bond (or an \n industrial development bond under the Internal \n Revenue Code of 1954).\n ``(C) Permissible competitive actions.--For \n purposes of subparagraph (A), the term `permissible \n competitive actions' means any action taken by the \n issuer on or after the date of the enactment of the \n Comprehensive Electricity Competition Act regarding--\n ``(i) transmission property owned by the \n issuer if the issuer is subject to an order of \n the Federal Energy Regulatory Commission \n requiring nondiscriminatory, open access to \n transmission facilities in a manner consistent \n with rules promulgated by the Commission under \n sections 205 and 206 of the Federal Power Act \n (as in effect on the date of the enactment of \n the Comprehensive Electricity Competition Act), \n or\n ``(ii) generation property or distribution \n property owned by the issuer if the issuer--\n ``(I) implements retail competition \n under section 609 of the Public Utility \n Regulatory Policies Act of 1978 (as \n amended by, and as in effect on the \n date of the enactment of, the \n Comprehensive Electricity Competition \n Act), or\n ``(II) enters into a contract for \n the sale of electricity or use of its \n distribution property which will not \n become effective prior to the date that \n the issuer implements retail \n competition under section 609 of the \n Public Utility Regulatory Policies Act \n of 1978 (as amended by, and as in \n effect on the date of the enactment of, \n the Comprehensive Electricity \n Competition Act).\n ``(D) Comprehensive electricity competition act.--\n For purposes of this paragraph, references to the \n Comprehensive Electricity Competition Act shall be \n treated as references to any law which is substantially \n identical to S. 2287 of the 105th Congress, as \n introduced.\n ``(2) Bonds issued on or after enactment of comprehensive \n electricity competition act.--\n ``(A) In general.--For purposes of this title, the \n term `private activity bond' includes any bond issued \n as part of an issue any of the proceeds of which are to \n be used (directly or indirectly) for electric output \n facilities other than small distribution property.\n ``(B) Small distribution property.--For purposes of \n subparagraph (A), the term `small distribution \n property' means any output facility, including \n functionally related and subordinate property, that \n operates at 69 kilovolts or less.''.\n (b) Effective Date.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendment made by this section shall apply to \n obligations issued on or after the date of the enactment of the \n Comprehensive Electricity Competition Act (within the meaning \n of section 141(e)(1)(D) of the Internal Revenue Code of 1986, \n as added by this section).\n (2) Treatment of pre-effective date bonds.--Section \n 141(e)(1) of such Code, as added by this section, shall take \n effect on the date of the enactment of this Act.\n (3) Refunding bonds.--\n (A) In general.--For purposes of this subsection \n and the amendment made by this section, section \n 141(e)(2) of the Internal Revenue Code of 1986, as \n added by this section, shall not apply to any qualified \n refunding bond.\n (B) Qualified refunding bond.--For purposes of \n subparagraph (A), the term ``qualified refunding bond'' \n means any bond (or a bond which is part of a series of \n refundings) issued to refund a pre-effective date \n electric output facility bond if--\n (i) the weighted average maturity of the \n issue of which the refunding bond is a part \n does not exceed 120 percent of the average \n reasonably expected economic life of the \n facilities being financed with the net proceeds \n of such issue (determined under section 147(b) \n of such Code),\n (ii) the amount of the refunding bond does \n not exceed the outstanding amount of the \n refunded bond, and\n (iii) the net proceeds of the refunding \n bond are used to redeem the refunded bond not \n later than 90 days after the date of issuance \n of the refunding bond.\n\nSEC. 2. NUCLEAR DECOMMISSIONING COSTS.\n\n (a) In General.--Subsection (b) of section 468A of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(b) Limitation on Amount Paid Into Fund.--The amount which a \ntaxpayer may pay into the Fund for any taxable year shall not exceed \nthe ruling amount applicable to such taxable year.''\n (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after the date of the enactment of this Act.","summary":"Amends the Internal Revenue Code concerning: (1) the treatment of bonds issued to finance electric output facilities, and (2) the special rules for nuclear decommissioning costs.","title":"To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance electric output facilities, and for other purposes.","text_len":7976,"sum_len":178} {"bill_id":"114_hr2337","text":"SECTION 1. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES.\n\n (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic \nAct is amended--\n (1) in section 515(d)--\n (A) by striking paragraph (5); and\n (B) by redesignating paragraph (6) as paragraph \n (5); and\n (2) by inserting after section 515A (21 U.S.C. 360e-1) the \n following:\n\n``SEC. 515B. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES.\n\n ``(a) In General.--In order to provide for more effective treatment \nor diagnosis of life-threatening or irreversibly debilitating human \ndiseases or conditions, the Secretary shall establish a program to \nprovide priority review for devices--\n ``(1) representing breakthrough technologies;\n ``(2) for which no approved alternatives exist;\n ``(3) offering significant advantages over existing \n approved or cleared alternatives, including the potential to, \n compared to existing approved or cleared alternatives, reduce \n or eliminate the need for hospitalization, improve patient \n quality of life, facilitate patients' ability to manage their \n own care (such as through self-directed personal assistance), \n or establish long-term clinical efficiencies; or\n ``(4) the availability of which is in the best interest of \n patients.\n ``(b) Request for Designation.--A sponsor of a device may request \nthat the Secretary designate the device for priority review under this \nsection. Any such request for designation may be made at any time prior \nto the submission of an application under section 515(c), a petition \nfor classification under section 513(f)(2), or a notification under \nsection 510(k).\n ``(c) Designation Process.--\n ``(1) In general.--Not later than 60 calendar days after \n the receipt of a request under subsection (b), the Secretary \n shall determine whether the device that is the subject of the \n request meets the criteria described in subsection (a). If the \n Secretary determines that the device meets the criteria, the \n Secretary shall designate the device for priority review.\n ``(2) Review.--Review of a request under subsection (b) \n shall be undertaken by a team that is composed of experienced \n staff and managers of the Food and Drug Administration and is \n chaired by a senior manager. \n ``(3) Designation determination.--A determination approving \n or denying a request under subsection (b) shall be considered a \n significant decision under section 517A and the Secretary shall \n provide a written, substantive summary of the basis for the \n determination in accordance with section 517A(a).\n ``(4) Reconsideration.--\n ``(A) Request for reconsideration.--Any person \n whose request under subsection (b) is denied may, \n within 30 days of the denial, request reconsideration \n of the denial in accordance with section 517A(b)--\n ``(i) based upon the submission of \n documents by such person; or\n ``(ii) based upon such documents and a \n meeting or teleconference.\n ``(B) Response.--Reconsideration of a designation \n determination under this paragraph shall be conducted \n in accordance with section 517A(b).\n ``(5) Withdrawal.--If the Secretary approves a priority \n review designation for a device under this section, the \n Secretary may not withdraw the designation based on the fact \n that the criteria specified in subsection (a) are no longer met \n because of the subsequent clearance or approval of another \n device that was designated under--\n ``(A) this section; or\n ``(B) section 515(d)(5) (as in effect immediately \n prior to the enactment of the 21st Century Cures Act).\n ``(d) Priority Review.--\n ``(1) Actions.--For purposes of expediting the development \n and review of devices designated under subsection (c), the \n Secretary shall--\n ``(A) assign a team of staff, including a team \n leader with appropriate subject matter expertise and \n experience, for each device for which a request is \n submitted under subsection (b);\n ``(B) provide for oversight of the team by senior \n agency personnel to facilitate the efficient \n development of the device and the efficient review of \n any submission described in subsection (b) for the \n device;\n ``(C) adopt an efficient process for timely dispute \n resolution;\n ``(D) provide for interactive communication with \n the sponsor of the device during the review process;\n ``(E) expedite the Secretary's review of \n manufacturing and quality systems compliance, as \n applicable;\n ``(F) disclose to the sponsor in advance the topics \n of any consultation concerning the sponsor's device \n that the Secretary intends to undertake with external \n experts or an advisory committee and provide the \n sponsor an opportunity to recommend such external \n experts;\n ``(G) for applications submitted under section \n 515(c), provide for advisory committee input, as the \n Secretary determines appropriate (including in response \n to the request of the sponsor); and\n ``(H) assign staff to be available within a \n reasonable time to address questions by institutional \n review committees concerning the conditions and \n clinical testing requirements applicable to the \n investigational use of the device pursuant to an \n exemption under section 520(g).\n ``(2) Additional actions.--In addition to the actions \n described in paragraph (1), for purposes of expediting the \n development and review of devices designated under subsection \n (c), the Secretary, in collaboration with the device sponsor, \n may, as appropriate--\n ``(A) coordinate with the sponsor regarding early \n agreement on a data development plan;\n ``(B) take steps to ensure that the design of \n clinical trials is as efficient as practicable, such as \n through adoption of shorter or smaller clinical trials, \n application of surrogate endpoints, and use of adaptive \n trial designs and Bayesian statistics, to the extent \n scientifically appropriate;\n ``(C) facilitate, to the extent scientifically \n appropriate, expedited and efficient development and \n review of the device through utilization of timely \n postmarket data collection, with regard to applications \n for approval under section 515(c); and\n ``(D) agree to clinical protocols that the \n Secretary will consider binding on the Secretary and \n the sponsor, subject to--\n ``(i) changes agreed to by the sponsor and \n the Secretary;\n ``(ii) changes that the Secretary \n determines are required to prevent an \n unreasonable risk to the public health; or\n ``(iii) the identification of a substantial \n scientific issue determined by the Secretary to \n be essential to the safety or effectiveness of \n the device involved.\n ``(e) Priority Review Guidance.--\n ``(1) Content.--The Secretary shall issue guidance on the \n implementation of this section. Such guidance shall include the \n following:\n ``(A) The process for a person to seek a priority \n review designation.\n ``(B) A template for requests under subsection (b).\n ``(C) The criteria the Secretary will use in \n evaluating a request for priority review.\n ``(D) The standards the Secretary will use in \n assigning a team of staff, including team leaders, to \n review devices designated for priority review, \n including any training required for such personnel on \n effective and efficient review.\n ``(2) Process.--Prior to finalizing the guidance under \n paragraph (1), the Secretary shall propose such guidance for \n public comment.\n ``(f) Construction.--\n ``(1) Purpose.--This section is intended to encourage the \n Secretary and provide the Secretary sufficient authorities to \n apply efficient and flexible approaches to expedite the \n development of, and prioritize the agency's review of, devices \n that represent breakthrough technologies.\n ``(2) Construction.--Nothing in this section shall be \n construed to alter the criteria and standards for evaluating an \n application pursuant to section 515(c), a report and request \n for classification under section 513(f)(2), or a report under \n section 510(k), including the recognition of valid scientific \n evidence as described in section 513(a)(3)(B), and \n consideration of the least burdensome means of evaluating \n device effectiveness or demonstrating substantial equivalence \n between devices with differing technological characteristics, \n as applicable. Nothing in this section alters the authority of \n the Secretary to act on an application pursuant to section \n 515(d) before completion of an establishment inspection, as the \n Secretary deems appropriate.''.\n (b) Conforming Amendment Related to Designation Determinations.--\nSection 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 360g-1(a)(1)) is amended by inserting ``a request for \ndesignation under section 515B,'' after ``an application under section \n515,''.","summary":"This bill amends the Federal Food, Drug, and Cosmetic Act to replace the requirement that the Food and Drug Administration (FDA) prioritize review of breakthrough medical devices with a requirement that the FDA establish a program to provide priority review for breakthrough medical devices. Prior to submitting an application for approval, a medical device sponsor may request that the FDA designate the medical device for priority review. The FDA must provide a summary of the basis for its determination regarding designation. To expedite the development and review of designated medical devices, the FDA must: assign a team of staff for each device, adopt an efficient process for dispute resolution, provide for interactive communication with the device sponsor, expedite review of manufacturing and quality systems compliance, disclose to the sponsor in advance the topics of any consultation between the FDA and external experts or an advisory committee and provide the sponsor the opportunity to recommend external experts, assign staff to address questions by institutional review committees concerning investigational use of the device. The FDA may: (1) coordinate with the sponsor regarding early agreement on a data development plan. (2) take steps to ensure that the design of clinical trials is as efficient as practicable, (3) utilize timely postmarket data collection. And (4) agree to clinical protocols, subject to an FDA determination that changes are required to prevent an unreasonable risk to the public health or that a substantial scientific issue is essential to the safety or effectiveness of the device.","title":"To amend the Federal Food, Drug, and Cosmetic Act to authorize priority review for breakthrough devices.","text_len":10696,"sum_len":1630} {"bill_id":"109_s341","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent \nCoin Redesign Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Abraham Lincoln, the 16th President, was one of the \n Nation's greatest leaders, demonstrating true courage during \n the Civil War, one of the greatest crises in the Nation's \n history.\n (2) Born of humble roots in Hardin County, Kentucky, on \n February 12, 1809, Abraham Lincoln rose to the Presidency \n through a combination of honesty, integrity, intelligence, and \n commitment to the United States.\n (3) With the belief that all men are created equal, Abraham \n Lincoln led the effort to free all slaves in the United States.\n (4) Abraham Lincoln had a generous heart, with malice \n toward none and with charity for all.\n (5) Abraham Lincoln gave the ultimate sacrifice for the \n country he loved, dying from an assassin's bullet on April 15, \n 1865.\n (6) All Americans could benefit from studying the life of \n Abraham Lincoln, for Lincoln's life is a model for \n accomplishing the ``American dream'' through honesty, \n integrity, loyalty, and a lifetime of education.\n (7) The year 2009 will be the bicentennial anniversary of \n the birth of Abraham Lincoln.\n (8) Abraham Lincoln was born in Kentucky, grew to adulthood \n in Indiana, achieved fame in Illinois, and led the nation in \n Washington, D.C.\n (9) The so-called ``Lincoln cent'' was introduced in 1909 \n on the 100th anniversary of Lincoln's birth, making the obverse \n design the most enduring on the nation's coinage.\n (10) President Theodore Roosevelt was so impressed by the \n talent of Victor David Brenner that the sculptor was chosen to \n design the likeness of President Lincoln for the coin, adapting \n a design from a plaque Brenner had prepared earlier.\n (11) In the nearly 100 years of production of the ``Lincoln \n cent'', there have been only 2 designs on the reverse: the \n original, featuring 2 wheat-heads in memorial style enclosing \n mottoes, and the current representation of the Lincoln Memorial \n in Washington, D.C.\n (12) On the occasion of the bicentennial of President \n Lincoln's birth and the 100th anniversary of the production of \n the Lincoln cent, it is entirely fitting to issue a series of \n 1-cent coins with designs on the reverse that are emblematic of \n the 4 major periods of President Lincoln's life.\n\nSEC. 3. REDESIGN OF LINCOLN CENT FOR 2009.\n\n (a) In General.--During the year 2009, the Secretary of the \nTreasury shall issue 1-cent coins in accordance with the following \ndesign specifications:\n (1) Obverse.--The obverse of the 1-cent coin shall continue \n to bear the Victor David Brenner likeness of President Abraham \n Lincoln.\n (2) Reverse.--The reverse of the coins shall bear 4 \n different designs each representing a different aspect of the \n life of Abraham Lincoln, such as--\n (A) his birth and early childhood in Kentucky;\n (B) his formative years in Indiana;\n (C) his professional life in Illinois; and\n (D) his presidency, in Washington, D.C.\n (b) Issuance of Redesigned Lincoln Cents in 2009.--\n (1) Order.--The 1-cent coins to which this section applies \n shall be issued with 1 of the 4 designs referred to in \n subsection (a)(2) beginning at the start of each calendar \n quarter of 2009.\n (2) Number.--The Secretary shall prescribe, on the basis of \n such factors as the Secretary determines to be appropriate, the \n number of 1-cent coins that shall be issued with each of the \n designs selected for each calendar quarter of 2009.\n (c) Design Selection.--The designs for the coins specified in this \nsection shall be chosen by the Secretary--\n (1) after consultation with the Abraham Lincoln \n Bicentennial Commission and the Commission of Fine Arts; and\n (2) after review by the Citizens Coinage Advisory \n Committee.\n\nSEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009.\n\n The design on the reverse of the 1-cent coins issued after December \n31, 2009, shall bear an image emblematic of President Lincoln's \npreservation of the United States of America as a single and united \ncountry.\n\nSEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909 \n PENNY.\n\n The Secretary of the Treasury shall issue 1-cent coins in 2009 with \nthe exact metallic content as the 1-cent coin contained in 1909 in such \nnumber as the Secretary determines to be appropriate for numismatic \npurposes.\n\nSEC. 6. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that the original Victor David \nBrenner design for the 1-cent coin was a dramatic departure from \nprevious American coinage that should be reproduced, using the original \nform and relief of the likeness of Abraham Lincoln, on the 1-cent coins \nissued in 2009.","summary":"Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln. Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country.","title":"A bill to provide for the redesign of the reverse of the Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary of the birth of President Abraham Lincoln.","text_len":5315,"sum_len":428} {"bill_id":"115_hr7279","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Water Infrastructure Improvement \nAct''.\nSEC. 2. DEFINITIONS.\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Municipality.--The term ``municipality'' has the meaning \n given that term in section 502 of the Federal Water Pollution \n Control Act (33 U.S.C. 1362).\nSEC. 3. INTEGRATED PLANS.\n (a) Integrated Plans.--Section 402 of the Federal Water Pollution \nControl Act (33 U.S.C. 1342) is amended by adding at the end the \nfollowing:\n ``(s) Integrated Plans.--\n ``(1) Definition of integrated plan.--In this subsection, the \n term `integrated plan' means a plan developed in accordance with \n the Integrated Municipal Stormwater and Wastewater Planning \n Approach Framework, issued by the Environmental Protection Agency \n and dated June 5, 2012.\n ``(2) In general.--The Administrator (or a State, in the case \n of a permit program approved by the Administrator) shall inform \n municipalities of the opportunity to develop an integrated plan \n that may be incorporated into a permit under this section.\n ``(3) Scope.--\n ``(A) Scope of permit incorporating integrated plan.--A \n permit issued under this section that incorporates an \n integrated plan may integrate all requirements under this Act \n addressed in the integrated plan, including requirements \n relating to--\n ``(i) a combined sewer overflow;\n ``(ii) a capacity, management, operation, and \n maintenance program for sanitary sewer collection systems;\n ``(iii) a municipal stormwater discharge;\n ``(iv) a municipal wastewater discharge; and\n ``(v) a water quality-based effluent limitation to \n implement an applicable wasteload allocation in a total \n maximum daily load.\n ``(B) Inclusions in integrated plan.--An integrated plan \n incorporated into a permit issued under this section may \n include the implementation of--\n ``(i) projects, including innovative projects, to \n reclaim, recycle, or reuse water; and\n ``(ii) green infrastructure.\n ``(4) Compliance schedules.--\n ``(A) In general.--A permit issued under this section that \n incorporates an integrated plan may include a schedule of \n compliance, under which actions taken to meet any applicable \n water quality-based effluent limitation may be implemented over \n more than 1 permit term if the schedule of compliance--\n ``(i) is authorized by State water quality standards; \n and\n ``(ii) meets the requirements of section 122.47 of \n title 40, Code of Federal Regulations (as in effect on the \n date of enactment of this subsection).\n ``(B) Time for compliance.--For purposes of subparagraph \n (A)(ii), the requirement of section 122.47 of title 40, Code of \n Federal Regulations, for compliance by an applicable statutory \n deadline under this Act does not prohibit implementation of an \n applicable water quality-based effluent limitation over more \n than 1 permit term.\n ``(C) Review.--A schedule of compliance incorporated into a \n permit issued under this section may be reviewed at the time \n the permit is renewed to determine whether the schedule should \n be modified.\n ``(5) Existing authorities retained.--\n ``(A) Applicable standards.--Nothing in this subsection \n modifies any obligation to comply with applicable technology \n and water quality-based effluent limitations under this Act.\n ``(B) Flexibility.--Nothing in this subsection reduces or \n eliminates any flexibility available under this Act, including \n the authority of a State to revise a water quality standard \n after a use attainability analysis under section 131.10(g) of \n title 40, Code of Federal Regulations (or a successor \n regulation), subject to the approval of the Administrator under \n section 303(c).\n ``(6) Clarification of state authority.--\n ``(A) In general.--Nothing in section 301(b)(1)(C) \n precludes a State from authorizing in the water quality \n standards of the State the issuance of a schedule of compliance \n to meet water quality-based effluent limitations in permits \n that incorporate provisions of an integrated plan.\n ``(B) Transition rule.--In any case in which a discharge is \n subject to a judicial order or consent decree, as of the date \n of enactment of this subsection, resolving an enforcement \n action under this Act, any schedule of compliance issued \n pursuant to an authorization in a State water quality standard \n may not revise a schedule of compliance in that order or decree \n to be less stringent, unless the order or decree is modified by \n agreement of the parties and the court.''.\n (b) Implementation of Integrated Plans Through Enforcement Tools.--\nSection 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) \nis amended by adding at the end the following:\n ``(h) Implementation of Integrated Plans.--\n ``(1) In general.--In conjunction with an enforcement action \n under subsection (a) or (b) relating to municipal discharges, the \n Administrator shall inform a municipality of the opportunity to \n develop an integrated plan, as defined in section 402(s).\n ``(2) Modification.--Any municipality under an administrative \n order under subsection (a) or settlement agreement (including a \n judicial consent decree) under subsection (b) that has developed an \n integrated plan consistent with section 402(s) may request a \n modification of the administrative order or settlement agreement \n based on that integrated plan.''.\n (c) Report to Congress.--Not later than 2 years after the date of \nenactment of this Act, the Administrator shall submit to the Committee \non Environment and Public Works of the Senate and the Committee on \nTransportation and Infrastructure of the House of Representatives, and \nmake publicly available, a report on each integrated plan developed and \nimplemented through a permit, order, or judicial consent decree \npursuant to the Federal Water Pollution Control Act since the date of \npublication of the ``Integrated Municipal Stormwater and Wastewater \nPlanning Approach Framework'' issued by the Environmental Protection \nAgency and dated June 5, 2012, including a description of the control \nmeasures, levels of control, estimated costs, and compliance schedules \nfor the requirements implemented through such an integrated plan.\nSEC. 4. MUNICIPAL OMBUDSMAN.\n (a) Establishment.--There is established within the Office of the \nAdministrator an Office of the Municipal Ombudsman, to be headed by a \nMunicipal Ombudsman.\n (b) General Duties.--The duties of the Municipal Ombudsman shall \ninclude the provision of--\n (1) technical assistance to municipalities seeking to comply \n with the Federal Water Pollution Control Act; and\n (2) information to the Administrator to help the Administrator \n ensure that agency policies are implemented by all offices of the \n Environmental Protection Agency, including regional offices.\n (c) Actions Required.--The Municipal Ombudsman shall work with \nappropriate offices at the headquarters and regional offices of the \nEnvironmental Protection Agency to ensure that a municipality seeking \nassistance is provided information regarding--\n (1) available Federal financial assistance for which the \n municipality is eligible;\n (2) flexibility available under the Federal Water Pollution \n Control Act; and\n (3) the opportunity to develop an integrated plan under section \n 402(s) of the Federal Water Pollution Control Act.\n (d) Information Sharing.--The Municipal Ombudsman shall publish on \nthe website of the Environmental Protection Agency--\n (1) general information relating to--\n (A) the technical assistance referred to in subsection \n (b)(1);\n (B) the financial assistance referred to in subsection \n (c)(1);\n (C) the flexibility referred to in subsection (c)(2); and\n (D) any resources developed by the Administrator related to \n integrated plans under section 402(s) of the Federal Water \n Pollution Control Act; and\n (2) a copy of each permit, order, or judicial consent decree \n that implements or incorporates such an integrated plan.\nSEC. 5. GREEN INFRASTRUCTURE.\n (a) Definition.--Section 502 of the Federal Water Pollution Control \nAct (33 U.S.C. 1362) is amended by adding at the end the following:\n ``(27) Green infrastructure.--The term `green infrastructure' \n means the range of measures that use plant or soil systems, \n permeable pavement or other permeable surfaces or substrates, \n stormwater harvest and reuse, or landscaping to store, infiltrate, \n or evapotranspirate stormwater and reduce flows to sewer systems or \n to surface waters.''.\n (b) Green Infrastructure Promotion.--Title V of the Federal Water \nPollution Control Act (33 U.S.C. 1361 et seq.) is amended--\n (1) by redesignating section 519 as section 520; and\n (2) by inserting after section 518 the following:\n ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION.\n ``(a) In General.--The Administrator shall promote the use of green \ninfrastructure in, and coordinate the integration of green \ninfrastructure into, permitting and enforcement under this Act, \nplanning efforts, research, technical assistance, and funding guidance \nof the Environmental Protection Agency.\n ``(b) Coordination of Efforts.--The Administrator shall ensure that \nthe Office of Water coordinates efforts to increase the use of green \ninfrastructure with--\n ``(1) other Federal departments and agencies;\n ``(2) State, tribal, and local governments; and\n ``(3) the private sector.\n ``(c) Regional Green Infrastructure Promotion.--The Administrator \nshall direct each regional office of the Environmental Protection \nAgency, as appropriate based on local factors, and consistent with the \nrequirements of this Act, to promote and integrate the use of green \ninfrastructure within the region, including through--\n ``(1) outreach and training regarding green infrastructure \n implementation for State, tribal, and local governments, tribal \n communities, and the private sector; and\n ``(2) the incorporation of green infrastructure into permitting \n and other regulatory programs, codes, and ordinance development, \n including the requirements under consent decrees and settlement \n agreements in enforcement actions.\n ``(d) Green Infrastructure Information-Sharing.--The Administrator \nshall promote green infrastructure information-sharing, including \nthrough an internet website, to share information with, and provide \ntechnical assistance to, State, tribal, and local governments, tribal \ncommunities, the private sector, and the public, regarding green \ninfrastructure approaches for--\n ``(1) reducing water pollution;\n ``(2) protecting water resources;\n ``(3) complying with regulatory requirements; and\n ``(4) achieving other environmental, public health, and \n community goals.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Water Infrastructure Improvement Act This bill amends the Federal Water Pollution Control Act to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan, such as requirements relating to combined sewer overflows, sanitary sewer collection systems, and total maximum daily loads. A plan that is incorporated into a permit may include the implementation of green infrastructure and projects to reclaim, recycle, or reuse water. Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. A municipality under an administrative order or settlement agreement may request a modification of the order or settlement based on the municipality's integrated plan. The EPA must report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such a plan. The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. The EPA must promote the use of green infrastructure.","title":"Water Infrastructure Improvement Act","text_len":11940,"sum_len":1844} {"bill_id":"114_hr5887","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``RCAF\/RAF-Americans Congressional \nGold Medal Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Europe was at war before the end of 1939. England and \n her British Commonwealth of Nations, which included the \n Dominion of Canada, were warring with Nazi Germany.\n (2) Early in World War II the Royal Canadian Air Force \n (RCAF) needed large numbers of pilots and the British \n Commonwealth Air Training Plan (BCATP) made Canada a center for \n aircrew training.\n (3) Approximately 8,864 Americans volunteered to join the \n RCAF beginning as early as 1940 and continuing throughout World \n War II. These RCAF-Americans came from every state in the \n Union.\n (4) Many of the RCAF-Americans were urgently needed as \n flying instructors and helped to fully staff the BCATP \n operations.\n (5) Approximately 750 Americans (244 with the highly \n regarded Eagle Squadrons) also served in Great Britain with the \n RAF. The Eagle Squadrons served from February, 1941, until \n September, 1942, and provided the British welcome relief from \n the stress of losing large numbers of combat pilots.\n (6) President Franklin Roosevelt called the BCATP the \n ``Aerodrome Of Democracy''. Canadian Prime Minister Mackenzie \n King, General Dwight Eisenhower, and British Prime Minister \n Winston Churchill, all expressed their gratitude to the United \n States men and women who took part in the British Commonwealth \n Air Training Plan.\n (7) Approximately 3,794 Americans transferred to the U.S. \n Army Air Force (USAAF) after the attack on Pearl Harbor. The 3 \n Eagle Squadrons (No.71\/No.121\/No.133), transferred into the 4th \n Fighter Group, USAAF in September 1942.\n (8) The transfer of these courageous RCAF\/RAF-Americans \n helped prevent a shortage of experienced airmen in the \n aftermath of America's entry into the war.\n (9) Many of these highly trained and experienced RCAF\/RAF-\n Americans pilots performed crucial roles as flight instructors \n for the USAAF.\n (10) The accumulated knowledge and skills possessed by \n these RCAF\/RAF-American airmen resulted in many becoming highly \n accomplished USAAF combat pilots.\n (11) One of the most highly decorated military groups, the \n American Fighter Aces, can count many of these RCAF\/RAF-\n Americans among their venerable ranks.\n (12) These brave Americans left their families to join the \n RCAF\/RAF and over 800 lost their lives while serving. They \n represent the exceptional courage that has been displayed in \n the defense of Freedom throughout our Nation's history.\n\nSEC. 3. CONGRESSIONAL GOLD MEDAL.\n\n (a) Presentation Authorized.--The Speaker of the House of \nRepresentatives and the President pro tempore of the Senate shall make \nappropriate arrangements for the presentation, on behalf of the \nCongress, of a single gold medal of appropriate design in commemoration \nof all U.S. nationals who joined the Royal Canadian Air Force or the \nRoyal Air Force during World War II, both before and after Japan's \nattack on Pearl Harbor, in recognition of their contributions to the \nNation.\n (b) Design and Striking.--For purposes of the presentation referred \nto in subsection (a), the Secretary of the Treasury (referred to in \nthis Act as the ``Secretary'') shall strike a gold medal with suitable \nemblems, devices, and inscriptions, to be determined by the Secretary.\n (c) Smithsonian Institution.--\n (1) In general.--Following the award of the gold medal \n under subsection (a), the gold medal shall be given to the \n Smithsonian Institution, where it will be available for display \n as appropriate and available for research.\n (2) Sense of congress.--It is the sense of the Congress \n that the Smithsonian Institution should make the gold medal \n awarded pursuant to this Act available for display elsewhere, \n particularly at appropriate locations associated with the U.S. \n nationals described under subsection (a), and that preference \n should be given to locations affiliated with the Smithsonian \n Institution.\n\nSEC. 4. DUPLICATE MEDALS.\n\n The Secretary may strike and sell duplicates in bronze of the gold \nmedal struck pursuant to section 3 under such regulations as the \nSecretary may prescribe, at a price sufficient to cover the cost \nthereof, including labor, materials, dies, use of machinery, and \noverhead expenses, and the cost of the gold medal.\n\nSEC. 5. STATUS OF MEDALS.\n\n (a) National Medals.--The medals struck pursuant to this Act are \nnational medals for purposes of chapter 51 of title 31, United States \nCode.\n (b) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all medals struck under this Act shall be \nconsidered to be numismatic items.","summary":"RCAFRAF-Americans Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal in commemoration of all US nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II.","title":"RCAF\/RAF-Americans Congressional Gold Medal Act","text_len":5181,"sum_len":328} {"bill_id":"113_hr4771","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Designer Anabolic Steroid Control \nAct of 2014''.\nSEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.\n (a) Definitions.--Section 102(41) of the Controlled Substances Act \n(21 U.S.C. 802(41)) is amended--\n (1) in subparagraph (A)--\n (A) in clause (xlix), by striking ``and'' at the end;\n (B) by redesignating clause (xlx) as clause (lxxv); and\n (C) by inserting after clause (xlix) the following:\n ``(l) 5a-Androstan-3,6,17-trione;\n ``(li) 6-bromo-androstan-3,17-dione;\n ``(lii) 6-bromo-androsta-1,4-diene-3,17-dione;\n ``(liii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;\n ``(liv) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;\n ``(lv) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-one;\n ``(lvi) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-3,11-\n dione;\n ``(lvii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;\n ``(lviii) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one;\n ``(lix) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;\n ``(lx) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;\n ``(lxi) [3,2-c]-furazan-5a-androstan-17b-ol;\n ``(lxii) 3b-hydroxy-estra-4,9,11-trien-17-one;\n ``(lxiii) 17a-methyl-androst-2-ene-3,17b-diol;\n ``(lxiv) 17a-methyl-androsta-1,4-diene-3,17b-diol;\n ``(lxv) Estra-4,9,11-triene-3,17-dione;\n ``(lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;\n ``(lxvii) 6a-Methyl-androst-4-ene-3,17-dione;\n ``(lxviii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;\n ``(lxix) 17a-Methyl-5a-androstan-17b-ol;\n ``(lxx) 17b-Hydroxy-androstano[2,3-d]isoxazole;\n ``(lxxi) 17b-Hydroxy-androstano[3,2-c]isoxazole;\n ``(lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5a-\n androstan-17b-ol;\n ``(lxxiii) [3,2-c]pyrazole-androst-4-en-17b-ol;\n ``(lxxiv) [3,2-c]pyrazole-5a-androstan-17b-ol; and''; and\n (2) by adding at the end the following:\n ``(C)(i) Subject to clause (ii), a drug or hormonal substance \n(other than estrogens, progestins, corticosteroids, and \ndehydroepiandrosterone) that is not listed in subparagraph (A) and is \nderived from, or has a chemical structure substantially similar to, 1 \nor more anabolic steroids listed in subparagraph (A) shall be \nconsidered to be an anabolic steroid for purposes of this Act if--\n ``(I) the drug or substance has been created or manufactured \n with the intent of producing a drug or other substance that \n either--\n ``(aa) promotes muscle growth; or\n ``(bb) otherwise causes a pharmacological effect similar to \n that of testosterone; or\n ``(II) the drug or substance has been, or is intended to be, \n marketed or otherwise promoted in any manner suggesting that \n consuming it will promote muscle growth or any other \n pharmacological effect similar to that of testosterone.\n ``(ii) A substance shall not be considered to be a drug or hormonal \nsubstance for purposes of this subparagraph if it--\n ``(I) is--\n ``(aa) an herb or other botanical;\n ``(bb) a concentrate, metabolite, or extract of, or a \n constituent isolated directly from, an herb or other botanical; \n or\n ``(cc) a combination of 2 or more substances described in \n item (aa) or (bb);\n ``(II) is a dietary ingredient for purposes of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and\n ``(III) is not anabolic or androgenic.\n ``(iii) In accordance with section 515(a), any person claiming the \nbenefit of an exemption or exception under clause (ii) shall bear the \nburden of going forward with the evidence with respect to such \nexemption or exception.''.\n (b) Classification Authority.--Section 201 of the Controlled \nSubstances Act (21 U.S.C. 811) is amended by adding at the end the \nfollowing:\n ``(i) Temporary and Permanent Scheduling of Recently Emerged \nAnabolic Steroids.--\n ``(1) The Attorney General may issue a temporary order adding a \n drug or other substance to the definition of anabolic steroids if \n the Attorney General finds that--\n ``(A) the drug or other substance satisfies the criteria \n for being considered an anabolic steroid under section 102(41) \n but is not listed in that section or by regulation of the \n Attorney General as being an anabolic steroid; and\n ``(B) adding such drug or other substance to the definition \n of anabolic steroids will assist in preventing abuse or misuse \n of the drug or other substance.\n ``(2) An order issued under paragraph (1) shall not take effect \n until 30 days after the date of the publication by the Attorney \n General of a notice in the Federal Register of the intention to \n issue such order and the grounds upon which such order is to be \n issued. The order shall expire not later than 24 months after the \n date it becomes effective, except that the Attorney General may, \n during the pendency of proceedings under paragraph (6), extend the \n temporary scheduling order for up to 6 months.\n ``(3) The Attorney General shall transmit notice of an order \n proposed to be issued under paragraph (1) to the Secretary of \n Health and Human Services. In issuing an order under paragraph (1), \n the Attorney General shall take into consideration any comments \n submitted by the Secretary in response to a notice transmitted \n pursuant to this paragraph.\n ``(4) A temporary scheduling order issued under paragraph (1) \n shall be vacated upon the issuance of a permanent scheduling order \n under paragraph (6).\n ``(5) An order issued under paragraph (1) is not subject to \n judicial review.\n ``(6) The Attorney General may, by rule, issue a permanent \n order adding a drug or other substance to the definition of \n anabolic steroids if such drug or other substance satisfies the \n criteria for being considered an anabolic steroid under section \n 102(41). Such rulemaking may be commenced simultaneously with the \n issuance of the temporary order issued under paragraph (1).''.\nSEC. 3. LABELING REQUIREMENTS.\n (a) In General.--Section 305 of the Controlled Substances Act (21 \nU.S.C. 825) is amended by adding at the end the following:\n ``(e) False Labeling of Anabolic Steroids.--\n ``(1) It shall be unlawful to import, export, manufacture, \n distribute, dispense, or possess with intent to manufacture, \n distribute, or dispense, an anabolic steroid or product containing \n an anabolic steroid, unless the steroid or product bears a label \n clearly identifying an anabolic steroid or product containing an \n anabolic steroid by the nomenclature used by the International \n Union of Pure and Applied Chemistry (IUPAC).\n ``(2)(A) A product described in subparagraph (B) is exempt from \n the International Union of Pure and Applied Chemistry nomenclature \n requirement of this subsection if such product is labeled in the \n manner required under the Federal Food, Drug, and Cosmetic Act.\n ``(B) A product is described in this subparagraph if the \n product--\n ``(i) is the subject of an approved application as \n described in section 505(b) or (j) of the Federal Food, Drug, \n and Cosmetic Act; or\n ``(ii) is exempt from the provisions of section 505 of such \n Act relating to new drugs because--\n ``(I) it is intended solely for investigational use as \n described in section 505(i) of such Act; and\n ``(II) such product is being used exclusively for \n purposes of a clinical trial that is the subject of an \n effective investigational new drug application.''.\n (b) Clarification to Import and Export Statute.--Section 1010 of \nthe Controlled Substances Import and Export Act (21 U.S.C. 960) is \namended, in subsection (a)(1), by inserting ``305,'' before ``1002''.\n (c) Civil Penalties.--Section 402 of the Controlled Substances Act \n(21 U.S.C. 842) is amended--\n (1) in subsection (a)--\n (A) in paragraph (14), by striking ``or'' at the end;\n (B) in paragraph (15), by striking the period at the end \n and inserting ``; or''; and\n (C) by inserting, after paragraph (15), the following:\n ``(16) to violate subsection (e) of section 825 of this \n title.''; and\n (2) in subsection (c)(1)--\n (A) by inserting, in subparagraph (A), after ``subparagraph \n (B)'' the following: ``, (C), or (D)''; and\n (B) by inserting after subparagraph (B) the following:\n ``(C) In the case of a violation of paragraph (16) of subsection \n(a) of this section by an importer, exporter, manufacturer, or \ndistributor (other than as provided in subparagraph (D)), up to \n$500,000 per violation. For purposes of this subparagraph, a violation \nis defined as each instance of importation, exportation, manufacturing, \ndistribution, or possession with intent to manufacture or distribute, \nin violation of paragraph (16) of subsection (a).\n ``(D) In the case of a distribution, dispensing, or possession with \nintent to distribute or dispense in violation of paragraph (16) of \nsubsection (a) of this section at the retail level, up to $1000 per \nviolation. For purposes of this paragraph, the term `at the retail \nlevel' refers to products sold, or held for sale, directly to the \nconsumer for personal use. Each package, container or other separate \nunit containing an anabolic steroid that is distributed, dispensed, or \npossessed with intent to distribute or dispense at the retail level in \nviolation of such paragraph (16) of subsection (a) shall be considered \na separate violation.''.\nSEC. 4. IDENTIFICATION AND PUBLICATION OF LIST OF PRODUCTS CONTAINING \nANABOLIC STEROIDS.\n (a) In General.--The Attorney General may, in the Attorney \nGeneral's discretion, collect data and analyze products to determine \nwhether they contain anabolic steroids and are properly labeled in \naccordance with this Act and the amendments made by this Act. The \nAttorney General may publish in the Federal Register or on the website \nof the Drug Enforcement Administration a list of products which the \nAttorney General has determined, based on substantial evidence, contain \nan anabolic steroid and are not labeled in accordance with this Act and \nthe amendments made by this Act.\n (b) Absence From List.--The absence of a product from the list \nreferred to in subsection (a) shall not constitute evidence that the \nproduct does not contain an anabolic steroid.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the House on September 15, 2014. Designer Anabolic Steroid Control Act of 2014 - Amends the Controlled Substances Act to add specified substances to the list of those included within the definition of anabolic steroid. Provides that a drug or hormonal substance that is not listed and that is derived from, or has a chemical structure substantially similar to, an anabolic steroid that is listed, shall be considered to be an anabolic steroid for purposes of such Act if it: (1) has been created or manufactured with the intent of producing a substance that either promotes muscle growth or otherwise causes a pharmacological effect similar to that of testosterone. Or (2) has been, or is intended to be, promoted in any manner suggesting that consuming it will promote any pharmacological effect similar to that of testosterone. Prohibits a substance from being considered to be a drug or hormonal substance for purposes of such Act if it is: (1) an herb or other botanical, a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical, or a combination of two or more such substances. Or (2) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act and is not anabolic or androgenic. Requires any person claiming the benefit of such an exception to bear the burden of providing the appropriate evidence. Authorizes the Attorney General to issue an order adding a drug or other substance to the definition of anabolic steroid upon finding that: (1) the substance satisfies the criteria for being considered an anabolic steroid, and (2) such addition will assist in preventing abuse or misuse of the substance. Prohibits importing, exporting, manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). Prescribes penalties. Sets forth an exemption from such IUPAC nomenclature requirement if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act, as described in this Act. Authorizes the Attorney General to: (1) collect data and analyze products to determinenbsp. Whether they contain anabolic steroids and are properly labeled, and (2) publish a list of products containing an anabolic steroid that are not properly labeled.","title":"Designer Anabolic Steroid Control Act of 2014","text_len":11046,"sum_len":2566} {"bill_id":"110_hr5353","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Internet Freedom Preservation Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Internet has had profound benefits for numerous \n aspects of daily life for millions of people throughout the \n United States and is increasingly vital to the economy of the \n United States.\n (2) The importance of the broadband marketplace to \n citizens, communities, and commerce warrants a thorough inquiry \n to obtain input and ideas for a variety of broadband policies \n that will promote openness, competition, innovation, and \n affordable, ubiquitous broadband service for all individuals in \n the United States.\n\nSEC. 3. BROADBAND POLICY.\n\n Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) \nis amended by adding at the end the following new section:\n\n``SEC. 12. BROADBAND POLICY.\n\n ``It is the policy of the United States--\n ``(1) to maintain the freedom to use for lawful purposes \n broadband telecommunications networks, including the Internet, \n without unreasonable interference from or discrimination by \n network operators, as has been the policy and history of the \n Internet and the basis of user expectations since its \n inception;\n ``(2) to ensure that the Internet remains a vital force in \n the United States economy, thereby enabling the Nation to \n preserve its global leadership in online commerce and \n technological innovation;\n ``(3) to preserve and promote the open and interconnected \n nature of broadband networks that enable consumers to reach, \n and service providers to offer, lawful content, applications, \n and services of their choosing, using their selection of \n devices, as long as such devices do not harm the network; and\n ``(4) to safeguard the open marketplace of ideas on the \n Internet by adopting and enforcing baseline protections to \n guard against unreasonable discriminatory favoritism for, or \n degradation of, content by network operators based upon its \n source, ownership, or destination on the Internet.''.\n\nSEC. 4. INTERNET FREEDOM ASSESSMENT.\n\n (a) Internet Freedom Assessment Required.--\n (1) In general.--Within 90 days after the date of the \n enactment of this Act, the Federal Communications Commission \n (in this Act referred to as the ``Commission'') shall commence \n a proceeding on broadband services and consumer rights.\n (2) Specific requirements.--As part of the proceeding under \n this section, the Commission shall assess--\n (A) whether broadband network providers adhere to \n the Commission's Broadband Policy Statement of August, \n 2005 (FCC 05-151), including whether, consistent with \n the needs of law enforcement, such providers refrain \n from blocking, thwarting, or unreasonably interfering \n with the ability of consumers to--\n (i) access, use, send, receive, or offer \n lawful content, applications, or services over \n broadband networks, including the Internet;\n (ii) use lawful applications and services \n of their choice; and\n (iii) attach or connect their choice of \n legal devices to use in conjunction with their \n broadband telecommunications or information \n services, provided such devices do not harm the \n network;\n (B) whether broadband network providers add charges \n for quality of service, or other similar additional \n fees or surcharges, to certain Internet applications \n and service providers, and whether such pricing \n conflicts with the policies of the United States stated \n in section 12 of the Communications Act of 1934 (as \n added by section 3 of this Act);\n (C) whether broadband network providers offer to \n consumers parental control protection tools, services \n to combat unsolicited commercial electronic mail, and \n other similar consumer services, the manner in which \n such services are offered, and the extent to which such \n services are consistent with such policies of the \n United States;\n (D) practices by which network providers manage or \n prioritize network traffic, including prioritization \n for emergency communications, and whether and in what \n instances such practices may be consistent with such \n policies of the United States;\n (E) with respect to content, applications, and \n services--\n (i) the historic economic benefits of an \n open platform;\n (ii) the relationship between competition \n in the broadband Internet access market and an \n open platform; and\n (iii) the policy choices and results of \n global competitors with respect to access \n competition and an open platform;\n (F) whether the need for enforceable rules \n governing openness, consumer rights, and consumer \n protections or prohibiting unreasonable discrimination \n is lessened if a broadband network provider provides \n significantly high bandwidth speeds to consumers; and\n (G) the potential of policies promoting openness in \n spectrum allocation, universal service programs, and \n video franchising to expand innovation through \n protection from unreasonable interference by network \n owners of an open marketplace for speech and commerce \n in content, applications, and services.\n (b) Public Broadband Summits Required.--\n (1) In general.--As part of the proceeding required under \n subsection (a), and within 1 year after the date of the \n enactment of this Act, the Commission shall conduct a minimum \n of 8 public broadband summits, in geographically diverse \n locations, around the United States. The Commission shall \n publicly announce the time and location of each such summit at \n least 30 days in advance.\n (2) Purpose of public broadband summits.--Such public \n broadband summits shall seek to bring together, among others, \n consumers, consumer advocates, small business owners, \n corporations, venture capitalists, State and local governments, \n academia, labor organizations, religious organizations, \n representatives of higher education, primary and secondary \n schools, public libraries, public safety, and the technology \n sector to assess competition, consumer protection, and consumer \n choice issues related to broadband Internet access services.\n (c) Internet Input.--As part of the proceeding required under \nsubsection (a), the Commission shall seek to utilize broadband \ntechnology to encourage input from and communication with the people of \nthe United States through the Internet in a manner that will maximize \nthe ability of such people to participate in such proceeding.\n (d) Report to Congress.--Within 90 days after completing the \nsummits under subsection (b), the Commission shall submit a report to \nCongress--\n (1) summarizing the results of the assessment under \n subsection (a), including information gained from the public \n summits under subsection (b); and\n (2) providing recommendations on how to promote \n competition, safeguard free speech, and ensure robust consumer \n protections and consumer choice relating to broadband Internet \n access services.","summary":"Internet Freedom Preservation Act of 2008 - Amends the Communications Act of 1934 to declare that it is US policy to: (1) maintain the freedom to use broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators. (2) enable the United States to preserve its global leadership in online commerce and technological innovation. (3) promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, content, applications, and services of their choosing. And (4) guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet. Requires the Federal Communications Commission (FCC) to commence a proceeding on broadband services and consumer rights, including assessing whether broadband network providers: (1) refrain from unreasonably interfering with the ability of consumers to access, use, send, receive, or offer content, applications, or services of their choice, and attach or connect their choice of devices. And (2) add charges for quality of service to certain Internet applications and service providers.","title":"To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summits to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes.","text_len":8402,"sum_len":1259} {"bill_id":"108_s1949","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Return of Talent Act''.\n\nSEC. 2. RETURN OF TALENT PROGRAM.\n\n (a) In General.--Title III of the Immigration and Nationality Act \n(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the \nfollowing:\n\n ``temporary absence of persons participating in the return of talent \n program\n\n ``Sec. 317A. (a) In General.--The Secretary of Homeland Security \nshall establish the Return of Talent Program to permit eligible aliens \nto temporarily return to the alien's country of citizenship in order to \nmake a material contribution to that country if the country is engaged \nin post-conflict reconstruction activities, for a period not exceeding \n24 months, unless an exception is granted under subsection (d).\n ``(b) Eligible Alien.--An alien is eligible to participate in the \nReturn of Talent Program established under subsection (a) if the alien \nmeets the special immigrant description under section 101(a)(27)(N).\n ``(c) Family Members.--The spouse, parents, siblings, and any \nchildren of an alien who participates in the Return of Talent Program \nestablished under subsection (a) may return to such alien's country of \ncitizenship with the alien and reenter the United States with the \nalien.\n ``(d) Extension of Time.--The Secretary of Homeland Security may \nextend the 24-month period referred to in subsection (a) upon a showing \nthat circumstances warrant that an extension is necessary for post-\nconflict reconstruction efforts.\n ``(e) Residency Requirements.--An immigrant described in section \n101(a)(27)(N) who participates in the Return of Talent Program \nestablished under subsection (a), and the spouse, parents, siblings, \nand any children who accompany such immigrant to that immigrant's \ncountry of citizenship, shall be considered, during such period of \nparticipation in the program--\n ``(1) for purposes of section 316(a), physically present \n and residing in the United States for purposes of \n naturalization within the meaning of that section; and\n ``(2) for purposes of section 316(b), to meet the \n continuous residency requirements in that section.\n ``(f) Oversight and Enforcement.--The Secretary of Homeland \nSecurity, in consultation with the Secretary of State, shall oversee \nand enforce the requirements of this section.''.\n (b) Table of Contents.--The table of contents for the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting \nafter the item relating to section 317 the following:\n\n``317A. Temporary absence of persons participating in the Return of \n Talent Program.''.\n\nSEC. 3. ELIGIBLE IMMIGRANTS.\n\n Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(27)) is amended--\n (1) in subparagraph (L), by inserting a semicolon after \n ``Improvement Act of 1998'';\n (2) in subparagraph (M), by striking the period and \n inserting ``; or''; and\n (3) by adding at the end the following:\n ``(N) an immigrant who--\n ``(i) has been lawfully admitted to the United \n States for permanent residence;\n ``(ii) demonstrates an ability and willingness to \n make a material contribution to the post-conflict \n reconstruction in the alien's country of citizenship; \n and\n ``(iii) as determined by the Secretary of State in \n consultation with the Secretary of Homeland Security--\n ``(I) is a citizen of a country in which \n Armed Forces of the United States are engaged, \n or have engaged in the 10 years preceding such \n determination, in combat or peacekeeping \n operations; or\n ``(II) is a citizen of a country where \n authorization for United Nations peacekeeping \n operations was initiated by the United Nations \n Security Council during the 10 years preceding \n such determination.''.\n\nSEC. 4. REPORT TO CONGRESS.\n\n Not later than 24 months after the date of enactment of this Act, \nthe Secretary of Homeland Security shall submit a report to Congress \nthat describes--\n (1) the countries of citizenship of the participants in the \n Return of Talent Program established under section 2;\n (2) the post-conflict reconstruction efforts that \n benefited, or were made possible, through participation in the \n program; and\n (3) any other information that the Secretary of Homeland \n Security determines to be appropriate.\n\nSEC. 5. REGULATIONS.\n\n Not later than 6 months after the date of enactment of this Act, \nthe Secretary of Homeland Security shall promulgate regulations to \ncarry out this Act.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to the Bureau of Citizenship \nand Immigration Services for each of the fiscal years 2004 and 2005, \nsuch sums as may be necessary to carry out this Act.","summary":"Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible permanent resident alien and family members to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities. States that such time abroad shall be considered as US physical and continuous residency for naturalization purposes.","title":"A bill to establish The Return of Talent Program to allow aliens who are legally present in the United States to return temporarily to the country of citizenship of the alien if that country is engaged in post-conflict reconstruction, and for other purposes.","text_len":5302,"sum_len":523} {"bill_id":"103_hr2557","text":"SECTION 1. AMENDMENT.\n\n Section 403 of the Social Security Act (42 U.S.C. 603) is amended \nby inserting after subsection (b) the following new subsection:\n ``(c)(1)(A) If the Secretary determines--\n ``(i) that a State is operating a general welfare \n assistance program described in paragraph (3) during a calendar \n quarter, or\n ``(ii) that more than 20 percent of the local governments \n within a State that provide general welfare assistance are \n operating programs described in paragraph (3) during a calendar \n quarter,\nthe Secretary shall reduce by 50 percent the amount that such State \nwould otherwise receive under subsection (a) with respect to \nexpenditures made by such State during such quarter for the \nadministration of the aid to families with dependent children program \nunder this part.\n ``(B) If a State receives a reduced payment in a calendar quarter \nas a result of a determination by the Secretary under subparagraph \n(A)(ii)--\n ``(i) such State shall reduce for such quarter the payments \n made to each State office administering the aid to families \n with dependent children program which is located within the \n jurisdiction of the local governments described in subparagraph \n (A)(ii) by an amount equal to 50 percent of the of Federal \n share of the administrative expenses of such office; and\n ``(ii) such State shall not, as a result of such reduced \n payment, reduce for such quarter the payments made to any State \n office administering the aid to families with dependent \n children program which is not located within the jurisdiction \n of the local governments described in subparagraph (A)(ii).\n ``(2) If the Secretary determines that any local government within \na State that is not described in paragraph (1)(A) is operating a \ngeneral welfare assistance program described in paragraph (3) during a \ncalendar quarter, the State shall reduce for such quarter the payments \nmade to any State office administering the aid to families with \ndependent children program which is located within the jurisdiction of \nsuch local government by an amount equal to 50 percent of the of \nFederal share of the administrative expenses of such office and such \namount shall be paid by the State to the Secretary.\n ``(3) A general welfare assistance program described in this \nparagraph is a general welfare assistance program that--\n ``(A) provides benefits to able-bodied individuals (as \n determined by the Secretary) who have attained age 18 and who \n have no dependents (hereafter referred to in this subsection as \n `able-bodied individuals');\n ``(B) does not have a workfare program that meets the \n participation rate requirements under paragraph (4); and\n ``(C) does not meet any other requirements set forth in \n regulations issued by the Secretary.\n ``(4)(A) The participation rate requirements under this paragraph \nare as follows:\n ``(i) In the case of a workfare program which is \n implemented after the date of the enactment of this subsection, \n the participation rate for such program shall be--\n ``(I) for the second year that the program is \n operated, 10 percent; and\n ``(II) for any succeeding year, the percentage for \n the preceding year plus 2 percent.\n ``(ii) In the case of a workfare program which is operating \n on the date of the enactment of this subsection, the \n participation rate for such program shall be--\n ``(I) for 1994--\n ``(aa) in the case of a program with a \n participation rate below 10 percent for 1993, \n 10 percent; and\n ``(bb) in the case of a program with a \n participation rate between 10 percent and 50 \n percent for 1993, the program's participation \n rate for 1993 plus 2 percent; and\n ``(II) for any succeeding year, the percentage for \n the preceding year plus 2 percent.\n ``(B) The participation rates required under clauses (i) and (ii) \nof subparagraph (A) shall not exceed 50 percent.\n ``(C) For purposes of this subsection, the term `participation \nrate' means the percentage of the able-bodied individuals who receive \ngeneral welfare assistance participating in a workfare program.\n ``(5) On or before the date which is 5 years after the date of the \nenactment of this subsection, the Secretary shall conduct a review of \nState and local participation rates and submit to Congress a report \ncontaining any of the Secretary's recommendations with respect to the \nparticipation rate requirements established under paragraph (4).''.\n\nSEC. 2. APPLICATION OF AMENDMENT.\n\n (a) Except as provided in subsection (b), the amendment made by \nsection 1 shall apply to calendar quarters beginning on or after July \n1, 1994.\n (b) In the case of a State which the Secretary determines requires \nState legislation (other than legislation authorizing or appropriating \nfunds) in order to comply with the amendments made by section 1, the \nState shall not be regarded as failing to comply with such amendments \nsolely on the basis of its failure to meet the requirements of such \namendments before the first day of the first calendar quarter beginning \nafter the close of the first regular session of the State legislature \nthat begins after the date of the enactment of this Act. For purposes \nof the preceding sentence, in the case of a State that has a 2-year \nlegislative session, each year of such session shall be deemed to be a \nseparate regular session of the State legislature.","summary":"Amends part A (AFDC) of title IV of the Social Security Act to require States to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents in order for the State to maintain its current level of Federal funding for AFDC administrative expenses.","title":"To discourage States and local governments from providing general welfare assistance to able-bodied individuals unless such individuals are participating in workfare programs.","text_len":5934,"sum_len":286} {"bill_id":"115_hr2306","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Putting Main Street FIRST Act'' or \nas the ``Putting Main Street FIRST: Finishing Irresponsible Reckless \nSpeculative Trading Act''.\n\nSEC. 2. TRANSACTION TAX.\n\n (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is \namended by inserting after subchapter B the following new subchapter:\n\n ``Subchapter C--Tax on Trading Transactions\n\n``Sec. 4475. Tax on trading transactions.\n\n``SEC. 4475. TAX ON TRADING TRANSACTIONS.\n\n ``(a) Imposition of Tax.--There is hereby imposed a tax on each \ncovered transaction with respect to any security.\n ``(b) Rate of Tax.--The tax imposed under subsection (a) with \nrespect to any covered transaction shall be 0.03 percent of the \nspecified base amount with respect to such covered transaction.\n ``(c) Specified Base Amount.--For purposes of this section, the \nterm `specified base amount' means--\n ``(1) except as provided in paragraph (2), the fair market \n value of a security (determined as of the time of the covered \n transaction), and\n ``(2) in the case of any payment with respect to a \n derivative, the amount of such payment.\n ``(d) Covered Transaction.--For purposes of this section--\n ``(1) In general.--The term `covered transaction' means--\n ``(A) except as provided in subparagraph (B), any \n purchase if--\n ``(i) such purchase occurs on, or is \n subject to the rules of, a qualified board or \n exchange located in the United States, or\n ``(ii) the purchaser or seller is a United \n States person, and\n ``(B) any transaction with respect to a derivative \n if--\n ``(i) such derivative is traded on, or is \n subject to the rules of, a qualified board or \n exchange located in the United States, or\n ``(ii) any party with rights under such \n derivative is a United States person.\n ``(2) Exceptions from tax.--\n ``(A) Exception for initial issues.--No tax shall \n be imposed under subsection (a) on any covered \n transaction with respect to the initial issuance of any \n security described in subparagraph (A), (B), or (C) of \n subsection (e)(1).\n ``(B) Exception for certain traded short-term \n indebtedness.--A note, bond, debenture, or other \n evidence of indebtedness which--\n ``(i) is traded on, or is subject to the \n rules of, a qualified board or exchange located \n in the United States, and\n ``(ii) has a fixed maturity of not more \n than 100 days,\n shall not be treated as described in subsection \n (e)(1)(C).\n ``(e) Definitions.--For purposes of this section--\n ``(1) Security.--The term `security' means--\n ``(A) any share of stock in a corporation,\n ``(B) any partnership or beneficial ownership \n interest in a partnership or trust,\n ``(C) any note, bond, debenture, or other evidence \n of indebtedness, and\n ``(D) any derivative.\n ``(2) Derivative.--\n ``(A) In general.--The term `derivative' means any \n contract (including any option, forward contract, \n futures contract, short position, swap, or similar \n contract) the value of which, or any payment or other \n transfer with respect to which, is (directly or \n indirectly) determined by reference to one or more of \n the following:\n ``(i) Any security described in \n subparagraph (A), (B), or (C) of paragraph (1).\n ``(ii) Any commodity which is actively \n traded (within the meaning of section \n 1092(d)(1)).\n ``(iii) Any currency.\n ``(iv) Any rate, price, amount, index, \n formula, or algorithm.\n ``(v) Any other item as the Secretary may \n prescribe.\n Such term shall not include any item described in \n clauses (i) through (v).\n ``(B) Exceptions from treatment as derivatives.--\n ``(i) Securities lending, sale-repurchase, \n and similar financing transactions.--To the \n extent provided by the Secretary, the term \n `derivative' shall not include the right to the \n return of the same or substantially identical \n securities transferred in a securities lending \n transaction, sale-repurchase transaction, or \n similar financing transaction.\n ``(ii) Insurance contracts, annuities, and \n endowments.--The term `derivative' shall not \n include any insurance, annuity, or endowment \n contract issued by an insurance company to \n which subchapter L applies (or issued by any \n foreign corporation to which such subchapter \n would apply if such foreign corporation were a \n domestic corporation).\n ``(3) Qualified board or exchange.--The term `qualified \n board or exchange' has the meaning given such term by section \n 1256(g)(7).\n ``(f) By Whom Paid.--\n ``(1) In general.--The tax imposed by this section shall be \n paid by--\n ``(A) in the case of a transaction which occurs on, \n or is subject to the rules of, a qualified board or \n exchange located in the United States, such qualified \n board or exchange, and\n ``(B) in the case of a purchase not described in \n subparagraph (A) which is executed by a broker (as \n defined in section 6045(c)(1)) which is a United States \n person, such broker.\n ``(2) Special rules for direct, etc., transactions.--In the \n case of any transaction to which paragraph (1) does not apply, \n the tax imposed by this section shall be paid by--\n ``(A) in the case of a transaction described in \n subsection (d)(1)(A)--\n ``(i) the purchaser if the purchaser is a \n United States person, and\n ``(ii) the seller if the purchaser is not a \n United States person, and\n ``(B) in the case of a transaction described in \n subsection (d)(1)(B)--\n ``(i) the payor if the payor is a United \n States person, and\n ``(ii) the payee if the payor is not a \n United States person.\n ``(g) Treatment of Exchanges and Payments With Respect to \nDerivatives.--For purposes of this section--\n ``(1) Treatment of exchanges.--\n ``(A) In general.--An exchange shall be treated as \n the sale of the property transferred and a purchase of \n the property received by each party to the exchange.\n ``(B) Certain deemed exchanges.--In the case of a \n distribution treated as an exchange for stock under \n section 302 or 331, the corporation making such \n distribution shall be treated as having purchased such \n stock for purposes of this section.\n ``(2) Payments with respect to derivatives treated as \n separate transactions.--Except as otherwise provided by the \n Secretary, any payment with respect any derivative shall be \n treated as a separate transaction for purposes of this section.\n ``(h) Application to Transactions by Controlled Foreign \nCorporations.--\n ``(1) In general.--For purposes of this section, a \n controlled foreign corporation shall be treated as a United \n States person.\n ``(2) Special rules for payment of tax on direct, etc., \n transactions.--In the case of any transaction which is a \n covered transaction solely by reason of paragraph (1) and which \n is not described in subsection (f)(1)--\n ``(A) Payment by united states shareholders.--Any \n tax which would (but for this paragraph) be payable \n under subsection (f)(2) by the controlled foreign \n corporation shall, in lieu thereof, be paid by the \n United States shareholders of such controlled foreign \n corporation as provided in subparagraph (B).\n ``(B) Pro rata shares.--Each such United States \n shareholder shall pay the same proportion of such tax \n as--\n ``(i) the stock which such United States \n shareholder owns (within the meaning of section \n 958(a)) in such controlled foreign corporation, \n bears to\n ``(ii) the stock so owned by all United \n States shareholders in such controlled foreign \n corporation.\n ``(C) Definitions.--For purposes of this \n subsection, the terms `United States shareholder' and \n `controlled foreign corporation' have the meanings \n given such terms in sections 951(b) and 957(a), \n respectively.\n ``(i) Administration.--The Secretary shall carry out this section \nin consultation with the Securities and Exchange Commission and the \nCommodity Futures Trading Commission.\n ``(j) Guidance; Regulations.--The Secretary shall--\n ``(1) provide guidance regarding such information reporting \n concerning covered transactions as the Secretary deems \n appropriate, and\n ``(2) prescribe such regulations as are necessary or \n appropriate to prevent avoidance of the purposes of this \n section, including the use of non-United States persons in such \n transactions.''.\n (b) Credit With Respect to Certain Tax-Favored Accounts To Offset \nTransaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of \nsuch Code is amended by inserting after section 36B the following new \nsection:\n\n``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX-\n FAVORED ACCOUNTS.\n\n ``(a) In General.--There shall be allowed as a credit against the \ntax imposed by this subtitle for the taxable year an amount equal to \n0.03 percent of the qualified tax-favored account contributions of the \ntaxpayer for the taxable year.\n ``(b) Qualified Tax-Favored Account Contributions.--For purposes of \nthis section, the term `qualified tax-favored account contributions' \nmeans, with respect to any taxable year, the sum of--\n ``(1) with respect to qualified retirement plans (as \n defined in section 4974(c)) of the taxpayer, the amount \n contributed to such plans for such taxable year to the extent \n that such contributions are allowable as a deduction or are \n excludable from gross income (or, in the case of a Roth IRA (as \n defined in section 408A(b)), the amount contributed),\n ``(2) with respect to Archer MSAs of the taxpayer, the \n amount allowed as a deduction under section 220 for such \n taxable year,\n ``(3) with respect to health savings accounts of the \n taxpayer, the amount allowed as a deduction under section 223 \n for such taxable year, plus\n ``(4) with respect to qualified tuition programs (as \n defined in section 529), qualified ABLE programs (as defined in \n section 529A), and Coverdell education savings accounts (as \n defined in section 530), with respect to which the taxpayer is \n the designated beneficiary (or, in the case of a designated \n beneficiary with respect to whom another taxpayer is allowed a \n deduction under section 151, such other taxpayer in lieu of \n such designated beneficiary), the amount contributed for such \n taxable year.''.\n (c) Information Reporting With Respect to Controlled Foreign \nCorporations.--Section 6038(a)(1)(B) of such Code is amended by \ninserting ``and transactions which are covered transactions for \npurposes of section 4475 by reason of the application of section \n4475(h)(1) to such corporation'' before the semicolon at the end.\n (d) Conforming Amendments.--\n (1) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``, 36C'' after ``36B''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n is amended by inserting before the item relating to section 37 \n the following new item:\n\n``Sec. 36C. Offset for transaction tax on contributions to certain tax-\n favored accounts.''.\n (3) The table of subchapters for chapter 36 of such Code is \n amended by inserting after the item relating to subchapter B \n the following new item:\n\n ``subchapter c. tax on trading transactions''.\n\n (e) Effective Date.--The amendments made by this section shall \napply to transactions after December 31, 2018.","summary":"Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03 excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States. Or (2) the purchaser or seller is a US person. A quot, securityquot. Includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust, (3) any note, bond, debenture, or other evidence of indebtedness. And (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States. Or (2) any party with rights under the derivative is a US person. The bill exempts from such tax: (1) initial issues of securities. And (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its US shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts.","title":"Putting Main Street FIRST Act","text_len":14226,"sum_len":1423} {"bill_id":"107_s2882","text":"SECTION 1. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS.\n\n (a) Proceeds of Bonds May Be Used for Construction.--Paragraph (5) \nof section 1397E(d) of the Internal Revenue Code of 1986 (defining \nqualified purpose) is amended--\n (1) by striking ``rehabilitating or repairing'' in \n subparagraph (A) and inserting ``constructing, rehabilitating, \n or repairing'', and\n (2) by redesignating subparagraphs (B), (C), and (D) as \n subparagraphs (C), (D), and (E), respectively, and by inserting \n after subparagraph (A) the following:\n ``(B) acquiring the land on which the facility is \n to be constructed,''.\n (b) Repeal of Limitation on Taxpayers Eligible for Credit.--\n (1) In general.--Section 1397E(a) of such Code (relating to \n allowance of credit) is amended by striking ``an eligible \n taxpayer'' and inserting ``a taxpayer''.\n (2) Conforming amendment.--Section 1397E(d)(6) of such Code \n is amended to read as follows:\n ``(6) Bonds held by regulated investment companies.--If any \n qualified zone academy bond is held by a regulated investment \n company, the credit determined under subsection (a) shall be \n allowed to shareholders of such company under procedures \n prescribed by the Secretary.''\n (c) Credits May Be Stripped.--Section 1397E of such Code is amended \nby adding at the end the following new subsection:\n ``(i) Credits May Be Stripped.--Under regulations prescribed by the \nSecretary--\n ``(1) In general.--There may be a separation (including at \n issuance) of the ownership of a qualified zone academy bond and \n the entitlement to the credit under this section with respect \n to such bond. In case of any such separation, the credit under \n this section shall be allowed to the person who on the credit \n allowance date holds the instrument evidencing the entitlement \n to the credit and not to the holder of the bond.\n ``(2) Certain rules to apply.--In the case of a separation \n described in paragraph (1), the rules of section 1286 shall \n apply to the qualified zone academy bond as if it were a \n stripped bond and to the credit under this section as if it \n were a stripped coupon.''\n (d) Allocation of Credit Authority.--\n (1) Allocation of limitation.--Section 1397(e)(2) of the \n Internal Revenue Code of 1986 is amended to read as follows:\n ``(2) Allocation of limitation.--\n ``(A) Allocation among states.--\n ``(i) 1998, 1999, 2000, 2001, and 2002 \n limitations.--The national zone academy bond \n limitations for calendar years 1998, 1999, \n 2000, 2001, and 2002 shall be allocated by the \n Secretary among the States on the basis of \n their respective populations of individuals \n below the poverty line (as defined by the \n Office of Management and Budget).\n ``(ii) Limitation after 2002.--The national \n zone academy bond limitation for any calendar \n year after 2002 shall be allocated by the \n Secretary among the States in proportion to the \n respective amounts each such State received for \n basic grants under subpart 2 of part A of title \n I of the Elementary and Secondary Education Act \n of 1965 (20 U.S.C. 6331 et seq.) for the most \n recent fiscal year ending before such calendar \n year.\n ``(B) Allocation to local educational agencies.--\n The limitation amount allocated to a State under \n subparagraph (A) shall be allocated by the State to \n qualified zone academies within such State.\n ``(C) Designation subject to limitation amount.--\n The maximum aggregate face amount of bonds issued \n during any calendar year which may be designated under \n subsection (a) with respect to any qualified zone \n academy shall not exceed the limitation amount \n allocated to such academy under subparagraph (B) for \n such calendar year.''\n (2) Unused authority.--Section 1397E(e) of such Code \n (relating to limitation on amount of bonds designated) is \n amended--\n (A) by striking ``If'' in paragraph (4) and \n inserting ``Except as provided in paragraph (5), if'', \n and\n (B) by adding at the end the following:\n ``(5) Reallocation for amounts unused for two years.--\n Notwithstanding paragraph (4), rules similar to the rules of \n section 42(h)(3)(D) shall apply for purposes of this section.''\n (e) Effective Dates.--\n (1) In general.--Except as otherwise provided in this \n subsection, the amendments made by this section shall apply to \n obligations issued after December 31, 2001.\n (2) Repeal of restriction on zone academy bond holders.--In \n the case of bonds to which section 1397E of the Internal \n Revenue Code of 1986 (as in effect before the date of the \n enactment of this Act) applies, the limitation of such section \n to eligible taxpayers (as defined in subsection (d)(6) of such \n section) shall not apply after the date of the enactment of \n this Act.","summary":"Amends the Internal Revenue Code to include construction as a qualified purpose for the spending of a qualified zone academy bond . Allows the credit retained by a regulated investment company for its holding of a zone academy bond to be distributed to the company's shareholders. Permits such credits to be stripped.","title":"A bill to amend the Internal Revenue Code of 1986 to modify the tax credit for holders of qualified zone academy bonds.","text_len":5837,"sum_len":317} {"bill_id":"106_hr5094","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Fraud Prevention and \nPaperwork Reduction Act of 2000''.\n\nSEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION.\n\n (a) Establishment.--There is hereby established the Commission on \nBilling Codes and Forms Simplification (in this section referred to as \nthe ``Commission'').\n (b) Duties.--The Commission shall make recommendations regarding \nthe following:\n (1) Standardized forms.--Standardizing credentialing and \n billing forms respecting health care claims, that all Federal \n Government agencies would use and that the private sector is \n able (and is encouraged, but not required) to use.\n (2) Reduction in billing codes.--A significant reduction \n and simplification in the number of billing codes.\n (c) Membership.--\n (1) Number and appointment.--The Commission shall be \n composed of such members as the Comptroller General of the \n United States shall appoint.\n (2) Qualifications.--The membership of the Commission shall \n include individuals who are members of the medical community.\n (d) Incorporation of MedPAC Provisions.--The provisions of \nparagraphs (3) through (6) of subsection (c) and subsections (d) \nthrough (f) of section 1805 of the Social Security Act (42 U.S.C. \n1395b-6) shall apply to the Commission in the same manner as they apply \nto the Medicare Payment Advisory Commission.\n (e) Reports.--The Commission shall submit to Congress and the \nPresident such periodic reports on its recommendations as it deems \nappropriate.\n\nSEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE \n PROGRAM PAYMENTS.\n\n (a) Written Requests.--\n (1) In general.--The Secretary of Health and Human Services \n shall establish a process under which a physician may request, \n in writing from a carrier, assistance in addressing \n questionable codes and procedures under the medicare program \n under title XVIII of the Social Security Act and then the \n carrier shall respond in writing within 30 business days \n respond with the correct billing or procedural answer.\n (2) Use of written statement.--\n (A) In general.--Subject to subparagraph (B), a \n written statement under paragraph (1) may be used as \n proof against a future audit or overpayment under the \n medicare program.\n (B) Limit on application.--Subparagraph (A) shall \n not apply retroactively and shall not apply to cases of \n fraudulent billing.\n (b) Restoration of Toll-Free Hotline.--\n (1) In general.--The Administrator of the Health Care \n Financing Administration shall restore the toll-free telephone \n hotline so that physicians may call for information and \n questions about the medicare program.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated such sums as may be necessary to carry out \n paragraph (1).\n (c) Definitions.--For purposes of this section:\n (1) Physician.--The term ``physician'' has the meaning \n given such term in section 1861(r) of the Social Security Act \n (42 U.S.C. 1395x(r)).\n (2) Carrier.--The term ``carrier'' means a carrier (as \n defined in section 1842(f) of the Social Security Act (42 \n U.S.C. 1395u(f))) with a contract under title XVIII of such Act \n to administer benefits under part B of such title.\n\nSEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE \n PROGRAM.\n\n (a) In General.--HCFA may not implement any new evaluation and \nmanagement guidelines (in this section referred to as ``E&M \nguidelines'') under the medicare program, unless HCFA--\n (1) has provided for an assessment of the proposed \n guidelines by physicians;\n (2) has established a plan that contains specific goals, \n including a schedule, for improving participation of \n physicians;\n (3) has carried out a minimum of 4 pilot projects \n consistent with subsection (b) in at least 4 different HCFA \n regions (to be specified by the Secretary) to test such \n guidelines; and\n (4) finds that the objectives described in subsection (c) \n will be met in the implementation of such guidelines.\n (b) Pilot Projects.--\n (1) Length and consultation.--Each pilot project under this \n subsection shall--\n (A) be of sufficient length to allow for \n preparatory physician and carrier education, analysis, \n and use and assessment of potential E&M guidelines; and\n (B) be conducted, throughout the planning and \n operational stages of the project, in consultation with \n national and State medical societies.\n (2) Peer review and rural pilot projects.--Of the pilot \n projects conducted under this subsection--\n (A) at least one shall focus on a peer review \n method by physicians which evaluates medical record \n information for statistical outlier services relative \n to definitions and guidelines published in the CPT \n book, instead of an approach using the review of \n randomly selected medical records using non-clinical \n personnel; and\n (B) at least one shall be conducted for services \n furnished in a rural area.\n (3) Study of impact.--Each pilot project shall examine the \n effect of the E&M guidelines on--\n (A) different types of physician practices, such as \n large and small groups; and\n (B) the costs of compliance, and patient and \n physician satisfaction.\n (4) Report on how met objectives.--HCFA shall submit a \n report to the Committees on Commerce and Ways and Means of the \n House of Representatives, the Committee on Finance of the \n Senate, and the Practicing Physicians Advisory Council, six \n months after the conclusion of the pilot projects. Such report \n shall include the extent to which the pilot projects met the \n objectives specified in subsection (c).\n (c) Objectives for E&M Guidelines.--The objectives for E&M \nguidelines specified in this subsection are as follows (relative to the \nE&M guidelines and review policies in effect as of the date of the \nenactment of this Act):\n (1) Enhancing clinically relevant documentation needed to \n accurately code and assess coding levels accurately.\n (2) Reducing administrative burdens.\n (3) Decreasing the level of non-clinically pertinent and \n burdensome documentation time and content in the record.\n (4) Increased accuracy by carrier reviewers.\n (5) Education of both physicians and reviewers.\n (6) Appropriate use of E&M codes by physicians and their \n staffs.\n (7) The extent to which the tested E&M documentation \n guidelines substantially adhere to the CPT coding rules.\n (d) Definitions.--For purposes of this section and sections 5 and \n6:\n (1) Physician.--The term ``physician'' has the meaning \n given such term in section 1861(r) of the Social Security Act \n (42 U.S.C. 1395x(r)).\n (2) Carrier.--The term ``carrier'' means a carrier (as \n defined in section 1842(f) of the Social Security Act (42 \n U.S.C. 1395u(f))) with a contract under title XVIII of such Act \n to administer benefits under part B of such title.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n (4) HCFA.--The term ``HCFA'' means the Health Care \n Financing Administration.\n (5) Medicare program.--The term ``medicare program'' means \n the program under title XVIII of the Social Security Act.\n\nSEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM.\n\n (a) Individualized Notice.--If a carrier proceeds with a post-\npayment audit of a physician under the medicare program, the carrier \nshall provide the physician with an individualized notice of billing \nproblems, such as a personal visit or carrier-to-physician telephone \nconversation during normal working hours, within 3 months of initiating \nsuch audit. The notice should include suggestions to the physician on \nhow the billing problem may be remedied.\n (b) Repayment of Overpayments Without Penalty.--The Secretary shall \npermit physicians to repay medicare overpayments within 3 months \nwithout penalty or interest and without threat of denial of other \nclaims based upon extrapolation. If a physician should discover an \noverpayment before a carrier notifies the physician of the error, the \nphysician may reimburse the medicare program without penalty and the \nSecretary may not audit or target the physician on the basis of such \nrepayment, unless other evidence of fraudulent billing exists.\n (c) Treatment of First-Time Billing Errors.--If a physician's \nmedicare billing error was a first-time error and the physician has not \npreviously been the subject of a post-payment audit, the carrier may \nnot assess a fine through extrapolation of such an error to other \nclaims, unless the physician has submitted a fraudulent claim.\n (d) Timely Notice of Problem Claims Before Using Extrapolation.--A \ncarrier may seek reimbursement or penalties against a physician based \non extrapolation of a medicare claim only if the carrier has informed \nthe physician of potential problems with the claim within one year \nafter the date the claim was submitted for reimbursement.\n (e) Submission of Additional Information.--A physician may submit \nadditional information and documentation to dispute a carrier's charges \nof overpayment without waiving the physician's right to a hearing by an \nadministrative law judge.\n (f) Limitation on Delay in Payment.--Following a post-payment \naudit, a carrier that is conducting a pre-payment screen on a physician \nservice under the medicare program may not delay reimbursements for \nmore than one month and as soon as the physician submits a corrected \nclaim, the carrier shall eliminate application of such a pre-payment \nscreen.\n\nSEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM.\n\n If a physician is suspected of fraud or wrongdoing in the medicare \nprogram, inspectors associated with the Office of Inspector General of \nthe Department of Health and Human Services--\n (1) may not enter the physician's private office with a gun \n or deadly weapon to make an arrest; and\n (2) may not make such an arrest without a valid warrant of \n arrest, unless the physician is fleeing or deemed dangerous.","summary":"Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program. Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines, and (2) medicare overpayments.","title":"Health Care Fraud Prevention and Paperwork Reduction Act of 2000","text_len":11143,"sum_len":360} {"bill_id":"115_s1816","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Freedom from Equifax Exploitation \nAct''.\n\nSEC. 2. DEFINITION OF CREDIT FREEZE.\n\n Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. \n1681a(q)) is amended by adding at the end the following:\n ``(6) Credit freeze.--\n ``(A) In general.--The term `credit freeze' means a \n restriction placed at the request of a consumer or a \n personal representative of the consumer, on the \n consumer report of the consumer, that prohibits a \n consumer reporting agency from releasing the consumer \n report for a purpose relating to the extension of \n credit without the express authorization of the \n consumer.\n ``(B) Exception.--A credit freeze shall not apply \n to the use of a consumer report by any of the \n following:\n ``(i) A person, or the subsidiary, \n affiliate, agent, subcontractor, or assignee of \n the person, with whom the consumer has, or \n prior to assignment had, an account, contract, \n or debtor-creditor relationship for the \n purposes of reviewing the active account or \n collecting the financial obligation owed on the \n account, contract, or debt.\n ``(ii) A person, or the subsidiary, \n affiliate, agent, subcontractor, or assignee of \n the person, to whom access has been granted \n pursuant to a request by the consumer described \n under section 605A(i)(1)(B), for purposes of \n facilitating the extension of credit or other \n permissible use.\n ``(iii) Any person acting pursuant to a \n court order, warrant, or subpoena.\n ``(iv) A Federal, State, or local \n government, or an agent or assignee thereof.\n ``(v) Any person for the sole purpose of \n providing a credit monitoring or identity theft \n protection service to which the consumer has \n subscribed.\n ``(vi) Any person for the purpose of \n providing a consumer with a copy of the \n consumer report or credit score of the consumer \n upon request by the consumer.\n ``(vii) Any person or entity for insurance \n purposes, including use in setting or adjusting \n a rate, adjusting a claim, or underwriting.\n ``(viii) Any person acting pursuant to an \n authorization from a consumer to use their \n consumer report for employment purposes.''.\n\nSEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.\n\n Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) \nis amended--\n (1) in subsection (a)--\n (A) in the subsection heading, by striking ``One-\n Call'' and inserting ``One-Year'';\n (B) in paragraph (1)--\n (i) in the paragraph heading, by striking \n ``Initial alerts'' and inserting ``In \n general'';\n (ii) in the matter preceding subparagraph \n (A), by inserting ``or harmed by the \n unauthorized disclosure of the financial or \n personally identifiable information of the \n consumer,'' after ``identity theft,'';\n (iii) in subparagraph (A)--\n (I) by striking ``90 days'' and \n inserting ``1 year''; and\n (II) by striking ``and'' at the \n end;\n (iv) in subparagraph (B)--\n (I) by inserting ``1-year'' before \n ``fraud alert''; and\n (II) by striking the period at the \n end and inserting ``; and''; and\n (v) by adding at the end the following:\n ``(C) upon the expiration of the 1-year period \n described in subparagraph (A) or a subsequent 1-year \n period, and in response to a direct request by the \n consumer or such representative, continue the fraud \n alert for an additional period of 1 year if the \n information asserted in this paragraph remains \n applicable.''; and\n (C) in paragraph (2)--\n (i) in the matter preceding subparagraph \n (A), by inserting ``1-year'' before ``fraud \n alert''; and\n (ii) in subparagraph (B), by striking ``any \n request described in subparagraph (A)'' and \n inserting ``the consumer reporting agency \n includes the 1-year fraud alert in the file of \n the consumer'';\n (2) in subsection (b)--\n (A) in the subsection heading, by striking \n ``Extended'' and inserting ``Seven-Year'';\n (B) in paragraph (1)--\n (i) in subparagraph (B)--\n (I) by striking ``5-year period \n beginning on the date of such request'' \n and inserting ``the 7-year period \n described in subparagraph (A)''; and\n (II) by striking ``and'' at the \n end;\n (ii) in subparagraph (C)--\n (I) by striking ``extended'' and \n inserting ``7-year''; and\n (II) by striking the period at the \n end and inserting ``; and''; and\n (iii) by adding at the end the following:\n ``(D) upon the expiration of the 7-year period \n described in subparagraph (A) or a subsequent 7-year \n period, and in response to a direct request by the \n consumer or such representative, continue the fraud \n alert for an additional period of 7 years if the \n consumer or such representative submits an updated \n identity theft report.''; and\n (C) in paragraph (2), by amending subparagraph (A) \n to read as follows:\n ``(A) disclose to the consumer that the consumer \n may request a free copy of the file of the consumer \n pursuant to section 612(d) during each 12-month period \n beginning on the date on which the 7-year fraud alert \n was included in the file and ending on the date of the \n last day that the 7-year fraud alert applies to the \n file of the consumer; and'';\n (3) in subsection (c)--\n (A) by redesignating paragraphs (1), (2), and (3), \n as subparagraphs (A), (B), and (C), respectively, and \n adjusting the margins accordingly;\n (B) in the matter preceding subparagraph (A), as so \n redesignated, by striking ``Upon the direct request'' \n and inserting the following:\n ``(1) In general.--Upon the direct request''; and\n (C) by adding at the end the following:\n ``(2) Access to free reports.--If a consumer reporting \n agency includes an active duty alert in the file of an active \n duty military consumer, the consumer reporting agency shall--\n ``(A) disclose to the active duty military consumer \n that the active duty military consumer may request a \n free copy of the file of the active duty military \n consumer pursuant to section 612(d), during each 12-\n month period beginning on the date on which the \n activity duty military alert is requested and ending on \n the date of the last day that the active duty alert \n applies to the file of the active duty military \n consumer; and\n ``(B) not later than 3 business days after the date \n on which the active duty military consumer makes a \n request described in subparagraph (A), provide to the \n active duty military consumer all disclosures required \n to be made under section 609, without charge to the \n active duty military consumer.'';\n (4) by amending subsection (d) to read as follows:\n ``(d) Procedures.--Each consumer reporting agency described in \nsection 603(p) shall establish and make available to the public on the \nInternet website of the consumer reporting agency policies and \nprocedures to comply with this section, including policies and \nprocedures--\n ``(1) that inform consumers of the availability of 1-year \n fraud alerts, 7-year fraud alerts, active duty alerts, and \n credit freezes, as applicable;\n ``(2) that allow consumers to request 1-year fraud alerts, \n 7-year fraud alerts, and active duty alerts, as applicable, and \n to place, temporarily lift, or fully remove a credit freeze in \n a simple and easy manner; and\n ``(3) for asserting in good faith a suspicion that the \n consumer has been or is about to become a victim of identity \n theft, fraud, or a related crime, or harmed by the unauthorized \n disclosure of the financial or personally identifiable \n information of the consumer, for a consumer seeking a 1-year \n fraud alert or credit freeze.'';\n (5) in subsection (e), in the matter preceding paragraph \n (1), by inserting ``1-year or 7-year'' before ``fraud alert'';\n (6) in subsection (f), by striking ``or active duty alert'' \n and inserting ``active duty alert, or credit freeze, as \n applicable,'';\n (7) in subsection (g)--\n (A) by inserting ``or has been harmed by the \n unauthorized disclosure of the financial or personally \n identifiable information of the consumer,'' after \n ``identity theft,''; and\n (B) by inserting ``or credit freezes'' after \n ``request alerts''; and\n (8) in subsection (h)--\n (A) in paragraph (1)--\n (i) in the paragraph heading, by striking \n ``initial'' and inserting ``1-year'';\n (ii) in subparagraph (A), by striking \n ``initial'' and inserting ``1-year''; and\n (iii) in subparagraph (B)(i), by striking \n ``an initial'' and inserting ``a 1-year''; and\n (B) in paragraph (2)--\n (i) in the paragraph heading, by striking \n ``extended'' and inserting ``7-year'';\n (ii) in subparagraph (A), in the matter \n preceding clause (i), by striking ``extended'' \n and inserting ``7-year''; and\n (iii) in subparagraph (B), by striking ``an \n extended'' and inserting ``a 7-year''.\n\nSEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES.\n\n Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) \nis amended by adding at the end the following:\n ``(i) Credit Freezes.--\n ``(1) In general.--Upon the direct request of a consumer, \n or an individual acting on behalf of or as a personal \n representative of a consumer, a consumer reporting agency that \n maintains a file on the consumer and has received appropriate \n proof of the identity of the requester (as described in section \n 1022.123 of title 12, Code of Federal Regulations, or any \n successor thereto) shall--\n ``(A)(i) not later than 1 business day after \n receiving the request sent by postal mail, toll-free \n telephone, or secure electronic means as established by \n the agency, place a credit freeze on the file of the \n consumer;\n ``(ii) not later than 5 business days after placing \n a credit freeze described in clause (i), provide the \n consumer with written confirmation of the credit freeze \n and a unique personal identification number or password \n (other than the social security number of the consumer) \n for use to authorize the release of the file of the \n consumer for a specific period of time; and\n ``(iii) disclose all relevant information to the \n consumer relating to the procedures for temporarily \n lifting and fully removing a credit freeze, including a \n statement about the maximum amount of time given to an \n agency to conduct those actions;\n ``(B) if the consumer provides a correct personal \n identification number or password, temporarily lift an \n existing credit freeze from the file of the consumer \n for a period of time specified by the consumer for a \n specific user or category of users, as determined by \n the consumer--\n ``(i) not later than 1 business day after \n receiving the request by postal mail; or\n ``(ii) not later than 15 minutes after \n receiving the request by toll-free telephone \n number or secure electronic means established \n by the agency, if the request is received \n during regular business hours, except if the \n ability of the consumer reporting agency to \n temporarily lift the credit freeze is prevented \n by--\n ``(I) an act of God, including \n earthquakes, hurricanes, storms, or \n similar natural disaster or phenomenon, \n or fire;\n ``(II) unauthorized or illegal acts \n by a third party including terrorism, \n sabotage, riot, vandalism, labor \n strikes or disputes disrupting \n operations, or a similar occurrence;\n ``(III) an operational \n interruption, including electrical \n failure, unanticipated delay in \n equipment or replacement part delivery, \n computer hardware or software failures \n inhibiting response time, or a similar \n disruption;\n ``(IV) governmental action, \n including emergency orders or \n regulations, judicial or law \n enforcement action, or a similar \n directive;\n ``(V) regularly scheduled \n maintenance or updates to the systems \n of the consumer reporting agency \n occurring outside of normal business \n hours; or\n ``(VI) commercially reasonable \n maintenance of, or repair to, the \n systems of the consumer reporting \n agency that is unexpected or \n unscheduled; or\n ``(C) if the consumer provides a correct personal \n identification number or password, fully remove an \n existing credit freeze from the file of the consumer \n not later than 21 business days after receiving the \n request by postal mail, toll-free telephone, or secure \n electronic means established by the consumer reporting \n agency.\n ``(2) No fee.--A consumer reporting agency may not charge a \n consumer a fee to place, temporarily lift, or fully remove a \n credit freeze.\n ``(3) Exclusion from third-party lists.--During the period \n beginning on the date on which a consumer or a representative \n of the consumer requests to place a credit freeze and ending \n the date on which the consumer or representative requests to \n fully remove a credit freeze, a consumer reporting agency shall \n exclude the consumer from any list of consumers prepared by the \n consumer reporting agency and provided to any third party to \n offer credit or insurance to the consumer as part of a \n transaction that was not initiated by the consumer, unless the \n consumer or that representative requests that the exclusion be \n rescinded before end of the period.''.\n\nSEC. 5. ADDITIONAL FREE CONSUMER REPORT.\n\n Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is \namended--\n (1) in subsection (f)(1), in the matter preceding \n subparagraph (A), by inserting ``or subsection (h)'' after \n ``through (d)''; and\n (2) by adding at the end the following:\n ``(h) Free Disclosures in Connection With Credit Freeze.--In \naddition to the free annual disclosure required under subsection \n(a)(1)(A), each consumer reporting agency that maintains a file on a \nconsumer who requests a credit freeze under section 605A(i) shall make \nall disclosures pursuant to section 609 once during any 12-month period \nwithout charge to the consumer if the consumer makes a request under \nsection 609.''.\n\nSEC. 6. REFUNDS.\n\n (a) Definitions.--In this section, the terms ``consumer'', \n``consumer reporting agency'', and ``credit freeze'' have the meanings \ngiven those terms in section 603 of the Fair Credit Reporting Act (15 \nU.S.C. 1681a), as amended by section 2.\n (b) Refunds.--With respect to any consumer who requested a credit \nfreeze from a consumer reporting agency during the period beginning on \nSeptember 7, 2017, and ending on the day before the date of enactment \nof this Act, the consumer reporting agency--\n (1) shall issue a refund to the consumer for any fees \n charged to the consumer relating to the request for a credit \n freeze; and\n (2) may not impose a fee on the consumer to temporarily \n lift or fully remove the credit freeze.","summary":"Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze. And (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.","title":"Freedom from Equifax Exploitation Act","text_len":19998,"sum_len":1534} {"bill_id":"103_hr2499","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Coverage for \nDiscrimination and Family Leave Act''.\n\n TITLE I--AGE DISCRIMINATION\n\nSEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES.\n\n The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et \nseq.) is amended--\n (1) by redesignating sections 16 and 17 as sections 17 and \n 18, respectively, and\n (2) by inserting after section 15 the following:\n\n ``coverage of certain employees in the legislative branch of the \n federal government\n\n ``Sec. 16. (a) For purposes of this section--\n ``(1) the term `employee' means an individual who is \n employed by, or who applies for employment with, an employing \n authority;\n ``(2) the term `employing authority' has the meaning given \n it in the Fair Employment Practices Resolution and also \n includes any agent of the employing authority and any Member \n who participates in determining the terms and conditions \n applicable to an employee's employment and any agent of such \n Member, but with respect to a position on the minority staff of \n a committee, such term does not include the Chairman of such \n committee;\n ``(3) the term `Fair Employment Practices Resolution' \n means--\n ``(A) House Resolution 558 of the One Hundredth \n Congress, as adopted October 4, 1988, and incorporated \n into rule LI of the Rules of the House of \n Representatives of the One Hundred Second Congress; or\n ``(B) any other provision that continues in effect \n the provisions of such resolution; and\n ``(4) the term `instrumentality of the Congress' means a \n unit of the legislative branch (other than the Congress) that \n does not have positions in the competitive service and any \n agent of such unit.\n ``(b) Sections 4 and 7(f) shall apply to employees and to employing \nauthorities.\n ``(c)(1) The remedies and procedures under the Fair Employment \nPractices Resolution shall apply with respect to a violation of section \n4 as such section is made applicable by subsection (b).\n ``(2) Within 90 days of the exhaustion of all procedures authorized \nunder paragraph (1), or after 180 days after the filing of a complaint \nin accordance with such procedures, an employee may bring a civil \naction in the appropriate United States district court against the \nemployee's employing authority. In any such action, the court may order \nsuch relief, including damages, attorneys' fees, and other costs, as \nmay be ordered by a court under section 7.\n ``(d) Section 4, as such section is made applicable by subsection \n(b), does not prohibit the taking into consideration of --\n ``(1) the domicile of an individual with respect to a \n position under the clerk-hire allowance of the House of \n Representatives; or\n ``(2) the political affiliation of an individual with \n respect to a position under such clerk-hire allowance or a \n position on the staff of a committee.\n ``(e) Not later than 60 days after any payment is made under this \nsection for the benefit of an aggrieved employee out of a Federal \naccount of the House of Representatives and on behalf of the employing \nauthority, the employing authority shall reimburse such account with \nnon-Federal funds. The Committee on House Administration of the House \nof Representatives shall determine which account shall be used for \npayments to an aggrieved employee under this section and shall issue \nguidelines to ensure such reimbursement.\n ``(f) Each employing authority shall post and keep posted in \nconspicuous places on its premises a notice that shall be prepared by \nthe Office of Fair Employment Practices, setting forth such information \nas the Office considers to be appropriate to carry out this section.\n ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking \npower of the House of Representatives, with full recognition of the \nright of the House of Representatives to change its rules in the same \nmanner, and to the same extent, as in any other rule of the House of \nRepresentatives.\n ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply \nwith respect to individuals who are employed by, or who apply for \nemployment with, an instrumentality of the Congress.\n ``(2) The chief official of each instrumentality of the Congress \nshall establish remedies and procedures to protect the rights provided \nfor in paragraph (1). Such remedies and procedures shall apply \nexclusively with respect to such rights and shall provide to such \nindividual protection that is equal to or greater than the protection \nprovided under this section to employees of an employing authority.\n ``(3) The chief official of each instrumentality of the Congress \nshall submit to the Congress a report describing the remedies and \nprocedures it has established to comply with paragraph (2).\n ``(4) Within 90 days of the exhaustion of all procedures authorized \nunder paragraph (2) or after 180 days after the filing of a complaint \nin accordance with such procedures, an employee may bring a civil \naction in the appropriate United States district court against the \nemployee's instrumentality. In any such action, the court may order \nsuch relief, including damages, attorneys' fees, and other costs as may \nbe ordered by a court under section 7.''.\n\n TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964\n\nSEC. 201. REFERENCE.\n\n Whenever in this title an amendment or repeal is expressed in terms \nof an amendment to, or repeal of, a section or other provision, the \nreference shall be considered to be made to a section or other \nprovision of the Civil Rights Act of 1991.\n\nSEC. 202. APPLICATION TO CONGRESS.\n\n (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is \namended by adding at the end the following: ``For purposes of this \nsection, the term `employee' also includes an individual who applies \nfor employment and the term `employing authority' also includes any \nagent of the employing authority and any Member who participates in \ndetermining the terms and conditions applicable to an employee's \nemployment and any agent of such Member but with respect to a position \non the minority staff of a committee such term does not include the \nChairman of such committee.''.\n (b) Employee Actions, Payments, Considerations, and Notice.--\n (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in \n subsection (b)(4), by inserting before the period the \n following: ``and includes any agent of any of the foregoing \n entities'', and\n (2) by adding at the end the following:\n ``(c) Employee Actions.--\n ``(1) In general.--Within 90 days of the exhaustion of all \n procedures authorized under subsection (a) or (b) or after 180 \n days after the filing of a complaint in accordance with such \n procedures an employee may bring a civil action in the \n appropriate United States district court against the employee's \n employing authority or if employed by an instrumentality of \n Congress, against such instrumentality. In any such action, the \n court may order such relief as is provided under title VII of \n the Civil Rights Act of 1964 and section 1977A of the Revised \n Statutes (42 U.S.C. 1981a), except that the sum of the amount \n of compensatory damages awarded for future pecuniary losses, \n emotional pain, suffering, inconvenience, mental anguish, loss \n of enjoyment of life, and other nonpecuniary losses and the \n amount of punitive damages shall not exceed for each \n complaining party $50,000 in an action against an employing \n authority.\n ``(2) Trial.--In an action brought under paragraph (1)--\n ``(A) any party may demand a trial by jury, and\n ``(B) the court shall not inform the jury of the \n dollar limitation prescribed by paragraph (1).\n ``(3) Fees.--In an action brought under paragraph (1), the \n court may allow the prevailing party a reasonable attorney's \n fees (including expert witness fees) as part of the costs.\n ``(d) Payments.--Not later than 60 days after any payment is made \nunder this section for the benefit of an aggrieved employee out of a \nFederal account of the House of Representatives and on behalf of an \nemploying authority, the employing authority shall reimburse such \naccount with non-Federal funds. The Committee on House Administration \nof the House of Representatives shall determine which account shall be \nused for payments to an aggrieved employee under this section and shall \nissue guidelines to ensure such reimbursement.\n ``(e) Considerations.--The rights and protections provided by this \nsection do not prohibit the taking into consideration of:\n ``(1) the domicile of an individual with respect to a \n position under the clerk-hire allowance of the House of \n Representatives; or\n ``(2) the political affiliation of an individual with \n respect to a position under such clerk-hire allowance or a \n position on the staff of a committee.\n ``(f) Notice.--Each employing authority and instrumentality of \nCongress shall post and keep posted, in conspicuous places on its \npremises, a notice that shall be prepared by the Office of Fair \nEmployment Practices or the instrumentality which sets forth such \ninformation as such Office or instrumentality considers to be \nappropriate to carry out this section.''.\n (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2 \n U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the \n period at the end the following: ``, except as provided in \n subsections (c) through (f)''.\n\n TITLE III--DISABILITIES\n\nSEC. 301. REFERENCE.\n\n Whenever in this title an amendment or repeal is expressed in terms \nof an amendment to, or repeal of, a section or other provision, the \nreference shall be considered to be made to a section or other \nprovision of the Americans with Disabilities Act of 1990.\n\nSEC. 302. APPLICATION TO CONGRESS.\n\n (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is \namended by adding at the end the following: ``For purposes of this \nsection, the term `employee' also includes an individual who applies \nfor employment and the term `employing authority' also includes any \nagent of the employing authority and any Member who participates in \ndetermining the terms and conditions applicable to an employee's \nemployment and any agent of such Member but with respect to the \nminority staff of a committee does not include the Chairman of such \ncommittee.''.\n (b) Employee Actions, Payments, Considerations, and Notice.--\n (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended--\n (A) in subsection (c)(4), by adding before the \n period the following: ``and includes any agent of any \n of the foregoing entities'', and\n (B) by adding at the end the following:\n ``(d) Employee Actions.--\n ``(1) In general.--Within 90 days of the exhaustion of all \n procedures authorized under subsection (b)(2) or (c)(2) or \n after 180 days after the filing of a complaint in accordance \n with such procedures, an employee may bring a civil action in \n the appropriate United States district court against the \n employee's employing authority or if employed by an \n instrumentality of Congress, against such instrumentality. In \n any such action, the court may order such relief as is provided \n under title VII of the Civil Rights Act of 1964 and section \n 1977A of the Revised Statutes (42 U.S.C. 1981a), except that \n the sum of the amount of compensatory damages awarded for \n future pecuniary losses, emotional pain, suffering, \n inconvenience, mental anguish, loss of enjoyment of life, and \n other nonpecuniary losses and the amount of punitive damages \n shall not exceed for each complaining party $50,000 in an \n action against an employing authority.\n ``(2) Trial.--In an action brought under paragraph (1)--\n ``(A) any party may demand a trial by jury, and\n ``(B) the court shall not inform the jury of the \n dollar limitation prescribed by paragraph (1).\n ``(3) Fees.--In an action brought under paragraph (1), the \n court may allow the prevailing party a reasonable attorney's \n fees (including expert witness fees) as part of the costs.\n ``(e) Payments.--Not later than 60 days after any payment is made \nunder this section for the benefit of an aggrieved employee out of a \nFederal account of the House of Representatives and on behalf of an \nemploying authority, the employing authority shall reimburse such \naccount with non-Federal funds. The Committee on House Administration \nof the House of Representatives shall determine which account shall be \nused for payments to an aggrieved employee under this section and shall \nissue guidelines to ensure such reimbursement.\n ``(f) Considerations.--The rights and protections provided by this \nsection do not prohibit the taking into consideration of:\n ``(1) the domicile of an individual with respect to a \n position under the clerk-hire allowance of the House of \n Representatives; or\n ``(2) the political affiliation of an individual with \n respect to a position under such clerk-hire allowance or a \n position on the staff of a committee.\n ``(g) Notice.--Each employing authority and instrumentality of \nCongress shall post and keep posted, in conspicuous places on its \npremises, a notice that shall be prepared by the Office of Fair \nEmployment Practices or the instrumentality which sets forth such \ninformation as such Office or instrumentality considers to be \nappropriate to carry out this section.''.\n (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42 \n U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the \n period at the end the following: ``, except as provided in \n subsections (d) through (g)''.\n\n TITLE IV--FAMILY AND MEDICAL LEAVE\n\nSEC. 401. ENFORCEMENT ACTION.\n\n (a) Employing Authority.--Section 502(a) of the Family and Medical \nLeave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the \nperiod the following: ``, except that with respect to a position on the \nminority staff of a committee, the term `employing authority' does not \ninclude the Chairman of such committee''.\n (b) Remedy.--Subsection (c) of section 502 of the Family and \nMedical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection \n(f) and the following is inserted after subsection (b):\n ``(c) Employee Action.-- Within 90 days of the exhaustion of all \nprocedures authorized under subsection (b), or after 180 days after the \ntimely filing of a complaint in accordance with such procedures, an \nemployee may bring a civil action in the appropriate United States \ndistrict court against the employee's employing authority. In any such \naction, the court may order such relief, including damages, interest, \nattorneys' fees, expert witness fees, and other costs, as may be \nordered by a court under section 107.\n ``(d) Payments.--Not later than 60 days after any payment is made \nunder this section for the benefit of an aggrieved employee out of a \nFederal account of the House of Representatives and on behalf of an \nemploying authority, the employing authority shall reimburse such \naccount with non-Federal funds. The Committee on House Administration \nof the House of Representatives shall determine which account shall be \nused for payments to an aggrieved employee under this section and shall \nissue guidelines to ensure such reimbursement.\n ``(e) Instrumentalities of Congress.--\n ``(1) In general.--The rights and protections under \n sections 102 through 105 (other than section 104(b)) shall, \n subject to paragraph (2), apply with respect to the conduct of \n each instrumentality of the Congress.\n ``(2) Establishment of remedies and procedures by \n instrumentalities.--The chief official of each instrumentality \n of the Congress shall establish remedies and procedures to \n protect the rights provided for in paragraph (1).\n ``(3) Report to congress.--The chief official of each \n instrumentality of the Congress shall, after establishing \n remedies and procedures for purposes of paragraph (2), submit \n to the Congress a report describing the remedies and procedures \n it has established to comply with paragraph (2).\n ``(4) Definition of instrumentalities.--For purposes of \n this section, instrumentalities of the Congress include the \n Architect of the Capitol, the Library of Congress, the \n Congressional Budget Office, the General Accounting Office, the \n Government Printing Office, the Office of Technology \n Assessment, and the United States Botanic Garden and includes \n any agent of any of the foregoing entities.\n ``(5) Civil action.--Within 90 days of the exhaustion of \n all procedures authorized under paragraph (2) or after 180 days \n after the filing of a complaint in accordance with such \n procedures, an employee may bring a civil action in the \n appropriate United States district court against the employee's \n instrumentality. In any such action, the court may order such \n relief, including damages, attorneys' fees, and other costs as \n may be ordered by a court under section 107.\n ``(f) Notice.--Each employing authority and instrumentality of \nCongress shall post and keep posted, in conspicuous places on its \npremises, a notice that shall be prepared by the Office of Fair \nEmployment Practices or the instrumentality which sets forth such \ninformation as such Office or instrumentality considers to be \nappropriate to carry out this section.''.\n\n TITLE V--GUIDELINES\n\nSEC. 501. GUIDELINES.\n\n Any guidelines issued by any committee of the House of \nRepresentatives to implement any provision of this Act shall be \npublished in the Congressional Record for a period of at least 60 days \nbefore such implementation.\n\n TITLE VI--EFFECTIVE DATE\n\nSEC. 601. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect upon the \nexpiration of 3 months after the date of the enactment of this Act.\n\n \n\nHR 2499 IH----2","summary":"TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment.","title":"Congressional Coverage for Discrimination and Family Leave Act","text_len":19168,"sum_len":3668} {"bill_id":"108_s906","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Access for Small \nBusinesses Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) For most of the past 16 years, the number of Americans \n without health insurance has been on the rise, reaching more \n than 41,000,000 in 2002.\n (2) People without health insurance are less likely to get \n preventive care and often delay or forgo needed care. They are \n therefore more likely than those with health insurance to be \n hospitalized for conditions that could have been avoided.\n (3) Not only are the health and financial circumstances of \n uninsured Americans adversely affected by the lack of health \n insurance, their care is ultimately being paid for in the least \n efficient manner: after they get sick.\n (4) People who were uninsured during any part of 2001 \n received $99,000,000,000 in care, of which $34,500,000,000 was \n not paid for either out of pocket or by a private or public \n insurance source. Federal, State, and local governments covered \n 85 percent of such uncompensated care, amounting to \n $30,000,000,000.\n (5) Private health insurance enrollees also help pay for \n uncompensated care through higher premiums.\n (6) Covering more Americans will not only contribute to \n better overall health, it will lower the amount of health care \n costs assumed by taxpayers, businesses, and consumers.\n (7) Helping small businesses gain access to affordable \n health care benefits is essential to insuring more Americans.\n (8) Eighty-two percent of uninsured people are part of \n working families.\n (9) More than \\1\/2\\ of small businesses with less than 50 \n employees do not offer their employees health insurance.\n (10) Innovative community-based solutions have developed \n and should serve as a model for insuring more Americans.\n\nSEC. 3. THREE-SHARE PROGRAMS.\n\n The Social Security Act (42 U.S.C. 301 et seq.) is amended by \nadding at the end the following:\n\n ``TITLE XXII--PROVIDING FOR THE UNINSURED\n\n``SEC. 2201. THREE-SHARE PROGRAMS.\n\n ``(a) Certification.--\n ``(1) In general.--The Secretary, acting through the \n Administrator, shall promulgate regulations for the \n certification of three-share programs for purposes of section \n 36 of the Internal Revenue Code.\n ``(2) Three-share program requirements.--\n ``(A) In general.--The Administrator shall require, \n for purposes of a certification under regulations under \n paragraph (1) that each three-share program shall--\n ``(i) be either a non-profit or local \n governmental entity;\n ``(ii) define a region in which such \n program will provide services;\n ``(iii) have the capacity to carry out \n administrative functions of managing health \n plans, including monthly billings, \n verification\/enrollment of eligible employers \n and employees, maintenance of membership \n rosters, development of member materials (such \n as handbooks and identification cards), \n customer service, and claims processing; and\n ``(iv) have community involvement, as \n determined by the Administrator.\n ``(B) Payment.--To obtain the certification \n described in paragraph (1), a three-share program shall \n pay the costs of services provided under subparagraph \n (A)(ii) by charging a monthly premium for each covered \n individual to be divided as follows:\n ``(i) Not more than thirty percent of such \n fee shall be paid by a qualified employee \n desiring coverage under the three-share \n program.\n ``(ii) At least seventy percent of such fee \n shall be paid by the qualified employer of such \n a qualified employee.\n ``(3) Coverage.--\n ``(A) In general.--To obtain the certification \n described in paragraph (1) a 3-share program shall \n provide at least the following benefits:\n ``(i) Physicians services.\n ``(ii) In-patient hospital services.\n ``(iii) Out-patient services.\n ``(iv) Emergency room visits.\n ``(v) Emergency ambulance services.\n ``(vi) Diagnostic lab fees and x-rays.\n ``(vii) Prescription drug benefits.\n ``(B) Limitation.--Nothing in subparagraph (A) \n shall be construed to require that a three-share \n program provide coverage for services performed outside \n the region described in paragraph (2)(A)(i).\n ``(C) Preexisting conditions.--A program described \n in subparagraph (A) shall not be eligible for \n certification under paragraph (1) if any individual can \n be excluded from coverage under such program because of \n a preexisting health condition.\n ``(b) Startup Grants for Three-Share Programs.--\n ``(1) Establishment.--The Administrator may award startup \n grants to eligible entities to establish three-share programs \n for certification under subsection (a).\n ``(2) Three-share program plan.--Each entity desiring a \n grant under this subsection shall develop a plan for the \n establishment and operation of a three-share program that meets \n the requirements of paragraphs (2) and (3) of subsection (a).\n ``(3) Application.--Each entity desiring a grant under this \n subsection shall submit an application to the Administrator at \n such time, in such manner and containing such information as \n the Administrator may require, including--\n ``(A) the three-share program plan described in \n paragraph (2); and\n ``(B) an assurance that the eligible entity will--\n ``(i) determine a benefit package;\n ``(ii) recruit businesses and employees for \n the three-share program;\n ``(iii) build and manage a network of \n health providers or contract with an existing \n network or licensed insurance provider; and\n ``(iv) manage all administrative needs.\n ``(4) Number of grants.--An eligible entity may receive \n only 1 grant under this subsection for each three-share program \n and may not receive a grant for such program under both this \n subsection and subsection (c).\n ``(c) Grants for Existing Three-Share Programs To Meet \nCertification Requirements.--\n ``(1) In general.--The Administrator may award grants to \n three-share programs that are operating on the date of \n enactment of this section, to assist such programs in meeting \n the certification requirements of subsection (a).\n ``(2) Number of grants.--An eligible entity may receive \n only 1 grant under this subsection for a three-share program \n and may not receive a grant for such program under both this \n subsection and subsection (b).\n ``(3) Application.--Each eligible entity desiring a grant \n under this subsection shall submit an application to the \n Administrator at such time, in such manner, and containing such \n information as the Administrator may require.\n ``(d) Risk Pool Grants.--\n ``(1) In general.--The Administrator may award grants to \n eligible entities administering certified three-share programs \n to enhance the risk pools of such programs.\n ``(2) Number of grants.--An eligible entity administering a \n three-share program described in paragraph (1) may receive only \n 1 grant under this subsection for such three-share program.\n ``(3) Application.--Each eligible entity desiring a grant \n under this subsection shall submit an application to the \n Administrator at such time, in such manner, and containing such \n information as the Administrator may require.\n ``(e) Application of State Laws.--Nothing in this Act shall be \nconstrued to preempt State law.\n ``(f) Distressed Business Formula.--\n ``(1) In general.--Not later than 60 days after the date of \n enactment of this section, the Administrator of the Health \n Resources and Services Administration shall develop a formula \n to determine which businesses qualify as distressed businesses \n for purposes of this Act.\n ``(2) Effect on insurance market.--Granting eligibility to \n a distressed business using the formula under paragraph (1) \n shall not interfere with the insurance market. Any business \n found to have reduced benefits to qualify as a distressed \n business under the formula under paragraph (1) shall not be \n eligible for any three-share program certified pursuant to this \n section.\n ``(g) Definitions.--In this section:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the Health Resources and Services \n Administration.\n ``(2) Covered individual.--The term `covered individual' \n means--\n ``(A) a qualified employee; or\n ``(B) a child under the age of 23 or a spouse of \n such qualified employee who--\n ``(i) lacks access to health care coverage \n through their employment or employer;\n ``(ii) lacks access to health coverage \n through a family member;\n ``(iii) is not eligible for coverage under \n the medicare program under title XVIII or the \n medicaid program under title XIX; and\n ``(iv) does not qualify for benefits under \n the State Children's Health Insurance Program \n under title XXI.\n ``(3) Distressed business.--The term `distressed business' \n means a business that--\n ``(A) in light of economic hardship and rising \n health care premiums may be forced to discontinue or \n scale back its health care coverage; and\n ``(B) qualifies as a distressed business according \n to the formula under subsection (f).\n ``(4) Eligible entity.--The term `eligible entity' means an \n entity that meets the requirements of subsection (a)(2)(A).\n ``(5) Full time.--The term `full time', for purposes of \n employment, means regularly working at least 35 hours per week.\n ``(6) Qualified employee.--The term `qualified employee' \n means any individual employed by a qualified employer who meets \n certain criteria including--\n ``(A) working full time;\n ``(B) lacking access to health coverage through a \n family member or common law partner;\n ``(C) not being eligible for coverage under the \n medicare program under title XVIII or the medicaid \n program under title XIX; and\n ``(D) agreeing that the share of fees described in \n subsection (a)(2)(B)(i) shall be paid in the form of \n payroll deductions from the wages of such individual.\n ``(7) Qualified employer.--The term `qualified employer' \n means an employer as defined in section 3(d) of the Fair Labor \n Standards Act of 1938 (29 U.S.C. 203(d)) who--\n ``(A) is a small business concern as defined in \n section 3(a) of the Small Business Act (15 U.S.C. 632);\n ``(B) is located in the region described in \n subsection (a)(2)(A)(i); and\n ``(C) has not contributed to the health care \n benefits of its employees for at least 12 months \n consecutively or currently provides insurance but is \n classified as a distressed business.\n ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $50,000,000 for fiscal year 2004 \nand such sums as may be necessary for each subsequent fiscal year.''.\n\nSEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE \n PROGRAM.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 36 as section 37 and inserting \nafter section 35 the following new section:\n\n``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM.\n\n ``(a) In General.--In the case of an eligible employer, there shall \nbe allowed as a credit against the tax imposed by this subtitle an \namount equal to 40 percent of the costs of a three-share program \nresulting from the participation of the taxpayer in such program during \nthe taxable year.\n ``(b) Eligible Employer.--For purposes of this section, the term \n`eligible employer' means any employer which pays or incurs at least 70 \npercent of the costs of a three-share program resulting from the \nparticipation of the taxpayer in such program during the taxable year.\n ``(c) Three-Share Program.--For purposes of this section, the term \n`three-share program' means an employee health care coverage program \napproved for participation by an eligible employer pursuant to title \nXXII of the Social Security Act.\n ``(d) Denial of Double Benefit.--No deduction or credit under any \nother provision of this chapter shall be allowed with respect to costs \nof a three-share program taken into account under subsection (a).\n ``(e) Advanced Refundability.--The Secretary shall provide for the \nadvanced refundability of the credit allowed under this section to be \nmade in quarterly payments to taxpayers providing such information as \nthe Secretary requires in order to make a proper determination of such \npayments.\n ``(f) Regulations.--The Secretary may prescribe such regulations \nand other guidance as may be necessary or appropriate to carry out this \nsection.''.\n (b) Conforming Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting before the period ``, or \n from section 36 of such Code''.\n (2) The table of sections for subpart C of part IV of \n chapter 1 of the Internal Revenue Code of 1986 is amended by \n striking the last item and inserting the following new items:\n\n ``Sec. 36. Employer costs of three-share \n program.\n ``Sec. 37. Overpayments of tax.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage is paid by the qualified employee who lacks access to health coverage and desires coverage. And (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee. Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification. Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year.","title":"A bill to provide for the certification of programs to provide uninsured employees of small business access to health coverage, and for other purposes.","text_len":15985,"sum_len":1017} {"bill_id":"111_s908","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Refined Petroleum Sanctions \nAct''.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n (a) Findings.--Congress finds the following:\n (1) The illicit nuclear activities of the Government of \n Iran represent a serious threat to the security of the United \n States and our allies in Europe, the Middle East, and around \n the world.\n (2) The United States and the international community have \n a vital interest in working together to prevent the Government \n of Iran from acquiring a nuclear weapons capability.\n (3) The international community, acting through the \n International Atomic Energy Agency and the United Nations, has \n already adopted a range of sanctions designed to encourage the \n Government of Iran to cease its unlawful nuclear activities and \n comply with its obligations under the Treaty on Non-\n Proliferation of Nuclear Weapons (commonly known as the \n ``Nuclear Non-Proliferation Treaty'').\n (4) As a presidential candidate, then-Senator Obama stated \n that additional sanctions, especially those targeting Iran's \n dependence on imported refined petroleum, may help to persuade \n the Government of Iran to abandon its illicit nuclear \n activities.\n (5) On October 7, 2008, then-Senator Obama stated, ``Iran \n right now imports gasoline, even though it's an oil producer, \n because its oil infrastructure has broken down. If we can \n prevent them from importing the gasoline that they need and the \n refined petroleum products, that starts changing their cost-\n benefit analysis. That starts putting the squeeze on them.''.\n (6) On June 4, 2008, then-Senator Obama stated, ``We should \n work with Europe, Japan, and the Gulf states to find every \n avenue outside the UN to isolate the Iranian regime--from \n cutting off loan guarantees and expanding financial sanctions, \n to banning the export of refined petroleum to Iran.''.\n (7) Our allies in the international community have \n expressed support for additional sanctions should the \n Government of Iran fail to verifiably suspend its illicit \n nuclear activities.\n (8) On March 17, 2009, British Prime Minister Gordon Brown \n stated, ``[L]et me be equally clear that Iran's current nuclear \n program is unacceptable. Iran has concealed nuclear activities, \n refused to cooperate with the IAEA, and flouted UN Security \n Council Resolutions. Its refusal to play by the rules leads us \n to view its nuclear program as a critical proliferation threat. \n Iran therefore faces a clear choice--continue in this way and \n face further and tougher sanctions, or change to a UN overseen \n civil nuclear energy program that will bring the greatest \n benefits to its citizens.''.\n (9) On February 7, 2009, British Foreign Secretary David \n Miliband stated, ``We welcome US willingness to talk to Iran. \n But if Iran doesn't respond we will need to be ready to impose \n much tougher sanctions, even if that imposes costs on us here \n in Europe. In this instance, nuclear security must come above \n commercial interests.''.\n (10) On February 7, 2009, German Chancellor Angela Merkel \n stated, ``Let me be quite clear. We have offered to enter into \n negotiations with Iran and we want a diplomatic solution. These \n offers are on the table. . . . We're prepared to travel along \n this road together, but we are also prepared to consider \n tougher sanctions should there be no progress. It's imperative \n that we prevent Iran from acquiring nuclear weapons.''.\n (11) On June 23, 2008, French President Nicolas Sarkozy \n stated, ``So that things are clear and there is no ambiguity, I \n want to say that Iran's military nuclear program demands an \n extremely firm response by the entire international community. \n . . . France is determined to pursue with her partners a policy \n of increasingly tough sanctions until there is a shift in \n position.''.\n (12) The serious and urgent nature of the threat from Iran \n demands that the United States work together with our allies to \n do everything possible--diplomatically, politically, and \n economically--to prevent Iran from acquiring a nuclear weapons \n capability.\n (b) Sense of Congress.--It is the sense of the Congress that--\n (1) the United States should continue to support diplomatic \n efforts in the International Atomic Energy Agency and the \n United Nations Security Council to end Iran's illicit nuclear \n activities;\n (2) diplomatic efforts with Iran are more likely to be \n effective if the President is empowered with the explicit \n authority to impose additional sanctions on the Government of \n Iran;\n (3) it should be the policy of the United States to \n encourage foreign governments to direct state-owned entities to \n cease all investment in, and support of, Iran's energy sector \n and all exports of refined petroleum products to Iran;\n (4) it should be the policy of the United States to \n encourage foreign governments to require private entities based \n in their territories to cease all investment in, and support \n of, Iran's energy sector and all exports of refined petroleum \n products to Iran;\n (5) the President is urged to impose sanctions on the \n Central Bank of Iran and any other Iranian bank or financial \n institution engaged in proliferation activities or support of \n terrorist groups;\n (6) the Department of the Treasury should continue to work \n with our allies to take appropriate measures to protect the \n international financial system from deceptive and illicit \n practices by Iranian banks and financial institutions involved \n in proliferation activities or support of terrorist groups;\n (7) the concerns of the United States regarding Iran are \n strictly the result of the actions of the Government of Iran; \n and\n (8) the people of the United States--\n (A) have feelings of friendship for the people of \n Iran;\n (B) regret that developments in recent decades have \n created impediments to that friendship; and\n (C) hold the people of Iran, their culture, and \n their ancient and rich history in the highest esteem.\n\nSEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.\n\n (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act \nof 1996 (50 U.S.C. 1701 note) is amended to read as follows:\n ``(a) Sanctions With Respect to the Development of Petroleum \nResources of Iran and Exportation of Refined Petroleum to Iran.--\n ``(1) Development of petroleum resources of iran.--\n ``(A) Investment.--Except as provided in subsection \n (f), the President shall impose 2 or more of the \n sanctions described in paragraphs (1) through (6) of \n section 6(a) if the President determines that a person \n has, with actual knowledge, on or after the date of \n this Act, made an investment of $20,000,000 or more (or \n any combination of investments of at least $5,000,000 \n each, which in the aggregate equals or exceeds \n $20,000,000 in any 12-month period), that directly and \n significantly contributed to the enhancement of Iran's \n ability to develop petroleum resources of Iran.\n ``(B) Production of refined petroleum resources.--\n Except as provided in subsection (f), the President \n shall impose the sanctions described in section 6(b) \n (in addition to any sanctions imposed under \n subparagraph (A)) if the President determines that a \n person has, with actual knowledge, on or after the date \n of the enactment of the Iran Refined Petroleum \n Sanctions Act, sold, leased, or provided to Iran any \n goods, services, technology, information, or support \n that would allow Iran to maintain or expand its \n domestic production of refined petroleum resources, \n including any assistance in refinery construction, \n modernization, or repair.\n ``(2) Exportation of refined petroleum resources to iran.--\n Except as provided in subsection (f), the President shall \n impose the sanctions described in section 6(b) if the President \n determines that a person has, with actual knowledge, on or \n after the date of the enactment of the Iran Refined Petroleum \n Sanctions Act, provided Iran with refined petroleum resources \n or engaged in any activity that could contribute to the \n enhancement of Iran's ability to import refined petroleum \n resources, including--\n ``(A) providing ships or shipping services to \n deliver refined petroleum resources to Iran;\n ``(B) underwriting or otherwise providing insurance \n or reinsurance for such activity; or\n ``(C) financing or brokering such activity.''.\n (b) Description of Sanctions.--Section 6 of such Act is amended--\n (1) by striking ``The sanctions to be imposed on a \n sanctioned person under section 5 are as follows:'' and \n inserting the following:\n ``(a) In General.--The sanctions to be imposed on a sanctioned \nperson under subsections (a)(1)(A) and (b) of section 5 are as \nfollows:''; and\n (2) by adding at the end the following:\n ``(b) Additional Sanctions.--The sanctions to be imposed on a \nsanctioned person under paragraphs (1)(B) and (2) of section 5(a) are \nas follows:\n ``(1) Foreign exchange.--The President shall, under such \n regulations as the President may prescribe, prohibit any \n transactions in foreign exchange by the sanctioned person.\n ``(2) Banking transactions.--The President shall, under \n such regulations as the President may prescribe, prohibit any \n transfers of credit or payments between, by, through, or to any \n financial institution, to the extent that such transfers or \n payments involve any interest of the sanctioned person.\n ``(3) Property transactions.--The President shall, under \n such regulations as the President may prescribe, prohibit any \n acquisition, holding, withholding, use, transfer, withdrawal, \n transportation, importation, or exportation of, dealing in, or \n exercising any right, power, or privilege with respect to, or \n transactions involving, any property in which the sanctioned \n person has any interest by any person, or with respect to any \n property, subject to the jurisdiction of the United States.''.\n (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by \namending subparagraph (C) to read as follows:\n ``(C) an estimate of the significance of the \n provision of the items described in paragraph (1) or \n (2) of section 5(a) or section 5(b) to Iran's ability \n to develop its petroleum resources, enhance its ability \n to import refined petroleum resources, or develop its \n weapons of mass destruction or other military \n capabilities (as the case may be); and''.\n (d) Reports on United States Efforts To Curtail Certain Business \nTransactions Relating to Iran.--Section 10 of such Act is amended by \nadding at the end the following:\n ``(d) Reports on Certain Business Transactions Relating to Iran.--\n ``(1) In general.--Not later than 90 days after the date of \n the enactment of the Iran Refined Petroleum Sanctions Act, and \n every 6 months thereafter, the President shall submit a report \n to the appropriate congressional committees regarding any \n person who has--\n ``(A) provided Iran with refined petroleum \n resources;\n ``(B) engaged in any activity that could contribute \n to the enhancement of Iran's ability to import refined \n petroleum resources; or\n ``(C) sold, leased, or provided to Iran any goods, \n services, or technology that would allow Iran to \n maintain or expand its domestic production of refined \n petroleum resources.\n ``(2) Description.--For each activity set forth in \n subparagraphs (A) through (C) of paragraph (1), the President \n shall provide a complete and detailed description of such \n activity, including--\n ``(A) the date or dates of such activity;\n ``(B) the name of any persons who participated or \n invested in or facilitated such activity;\n ``(C) the United States domiciliary of the persons \n referred to in subparagraph (B);\n ``(D) any Federal Government contracts to which the \n persons referred to in subparagraph (B) are parties; \n and\n ``(E) the steps taken by the United States to \n respond to such activity.\n ``(3) Form of reports; publication.--The reports required \n under this subsection shall be--\n ``(A) submitted in unclassified form, but may \n contain a classified annex; and\n ``(B) published in the Federal Register.''.\n (e) Clarification and Expansion of Definitions.--Section 14 of such \nAct is amended--\n (1) in paragraph (13)(B)--\n (A) by inserting ``financial institution, insurer, \n underwriter, guarantor, any other business \n organization, including any foreign subsidiary, parent, \n or affiliate of such a business organization,'' after \n ``trust,''; and\n (B) by inserting ``, such as an export credit \n agency'' before the semicolon at the end; and\n (2) in paragraph (14), by striking ``petroleum and natural \n gas resources'' and inserting ``petroleum, petroleum by-\n products, oil or liquefied natural gas, oil or liquefied \n natural gas tankers, and products used to construct or maintain \n pipelines used to transport oil or liquefied natural gas''.\n (f) Conforming Amendment.--Section 4 of such Act is amended--\n (1) in subsection (b)(2), by striking ``(in addition to \n that provided in subsection (d))''; and\n (2) by striking subsection (d).","summary":"Iran Refined Petroleum Sanctions Act - Expresses the sense of Congress that: (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency (IAEA) and the U. N. Security Council to end Iran's illicit nuclear activities. (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the government of Iran. (3) it should be US policy to encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. (4) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups. (5) the Department of the Treasury should continue to work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups. (6) US concerns regarding Iran are strictly the result of that government\u0092s actions. And (7) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more that directly and significantly contributed to Iran's ability to develop its petroleum resources. Directs the President to impose: (1) sanctions established under this Act if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. And (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources. (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources. Or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.","title":"A bill to amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran.","text_len":15436,"sum_len":3121} {"bill_id":"105_hr4258","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``No Second Chances for Murderers, \nRapists, or Child Molesters Act of 1998''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) any individual convicted of murder should receive the \n death penalty or be imprisoned for life without the possibility \n of parole; and\n (2) any individual convicted of rape or a dangerous sexual \n offense involving a child under the age of 14 should be \n imprisoned for life without the possibility of parole.\n\nSEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS.\n\n (a) Penalty.--\n (1) In general.--In a case in which a State convicts a \n person of murder, rape, or a dangerous sexual offense, who has \n a prior conviction for one of these offenses in another State, \n the Attorney General shall administer the transfer of the \n following amounts from Federal law enforcement assistance funds \n of the State that convicted such person of the first offense:\n (A) Up to $100,000 shall be transferred to each \n victim (or if the victim is deceased, the victim's \n estate) of the subsequent offense.\n (B) The cost of incarceration, prosecution, and \n apprehension of such person shall be transferred to the \n State that convicted of a subsequent offense. Half of \n the amounts transferred shall be paid to the State \n entity designated to administer crime victim \n assistance, and half shall be deposited in a State \n account that collects Federal law enforcement funds.\n (2) Multiple states.--In a case in which a State convicts a \n person of murder, rape, or a dangerous sexual offense, who has \n a prior conviction for one of these offenses in more than one \n State, the Attorney General shall administer the transfer of \n the following amounts from Federal law enforcement assistance \n funds of each State that convicted of a prior offense:\n (A) Up to $100,000 shall be apportioned equally \n among the States that convicted of prior offenses and \n transferred to each victim (or if the victim is \n deceased, the victim's estate) of the subsequent \n offense.\n (B) The cost of incarceration, prosecution, and \n apprehension of such person shall be apportioned \n equally among the States that convicted of prior \n offenses and transferred to the State that convicted of \n a subsequent offense. Half of the amounts transferred \n shall be paid to the State entity designated to \n administer crime victim assistance, and half shall be \n deposited in a State account that collects Federal law \n enforcement funds.\n (b) State Applications.--To receive funds under this section, the \nchief executive of a State shall submit an application to the Attorney \nGeneral in such form and containing such information as the Attorney \nGeneral may reasonably require, including a certification that the \nState has convicted a person of murder, rape, or a dangerous sexual \noffense, who has a prior conviction for one of these offenses in \nanother State.\n (c) Source of Funds.--Any amount transferred as a result of \nsubsection (a) shall be derived by reducing funds from Federal law \nenforcement assistance programs received by the State that convicted of \nthe first offense. The Attorney General, in consultation with the chief \nexecutive of the State that convicted of the first offense, shall \ndevelop a payment schedule.\n (d) Construction.--This section shall not be construed to diminish \nor modify any court ordered restitution.\n\nSEC. 4. UNITED STATES SENTENCING COMMISSION.\n\n The United States Sentencing Commission shall amend the Federal \nSentencing Guidelines to provide that--\n (1) whoever is guilty of murder, as defined in section 6 of \n this Act, shall be punished by death or by imprisonment for \n life; and\n (2) whoever is guilty of rape or a dangerous sexual \n offense, as defined in section 6 of this Act, shall be punished \n by imprisonment for life.\n\nSEC. 5. COLLECTION OF RECIDIVISM DATA.\n\n Pursuant to guidelines established in the Uniform Federal Crime \nReporting Act of 1988 (Public Law 100-690), the Attorney General shall \ncollect and distribute data to the President, Members of the Congress, \nState governments, and officials of localities and penal and other \ninstitutions participating in the Uniform Crime Reports program which \nincludes--\n (1) the number of murders, rapes, and dangerous sexual \n offenses committed by persons previously convicted of one of \n these offenses; and\n (2) the percentage of cases in which a person convicted of \n murder, rape, or a dangerous sexual offense in one State \n commits a second offense in another State.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) Murder.--The term ``murder'' means the unlawful killing \n of a human being with malice aforethought, and includes \n murder--\n (A) perpetrated by poison, lying in wait, or any \n other kind of willful, deliberate, malicious, and \n premeditated killing;\n (B) committed in the perpetration of, or attempt to \n perpetrate, any arson, escape, murder, kidnapping, \n treason, espionage, sabotage, aggravated sexual abuse \n or sexual abuse, burglary, or robbery; or\n (C) perpetrated from a premeditated design \n unlawfully and maliciously to effect the death of any \n individual other than the individual who is killed.\n (2) Rape.--The term ``rape'' includes the carnal knowledge \n of an individual forcibly and against the will of such \n individual.\n (3) Dangerous sexual offense.--The term ``dangerous sexual \n offense'' means sexual abuse or sexually explicit conduct \n committed by an individual who is over the age of 18 against a \n child under the age of 14.\n (4) Sexual abuse.--The term ``sexual abuse'' includes the \n employment, use, persuasion, inducement, enticement, or \n coercion of a child under the age of 14 to engage in, or assist \n another person to engage in, sexually explicit conduct or the \n rape, molestation, prostitution, or other form of sexual \n exploitation of children, or incest with children.\n (5) Sexually explicit conduct.--The term ``sexually \n explicit conduct'' means actual or simulated--\n (A) sexual intercourse, including sexual contact in \n the manner of genital-genital, oral-genital, anal-\n genital, or oral-anal contact, whether between persons \n of the same or of opposite sex;\n (B) bestiality;\n (C) masturbation;\n (D) lascivious exhibition of the genitals or pubic \n area of a person or animal; or\n (E) sadistic or masochistic abuse.\n (6) Sexual contact.--The term ``sexual contact'' means the \n intentional touching, either directly or though clothing, of \n the genitalia, anus, groin, breast, inner thigh, or buttocks of \n any person with an intent to abuse, humiliate, harass, degrade, \n or arouse or gratify sexual desire of any person.","summary":"No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole. And (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense. And (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment. And (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses. And (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.","title":"No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998","text_len":7846,"sum_len":1745} {"bill_id":"107_hr2799","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Pharmacist Services \nCoverage Act of 2001''.\n\nSEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES.\n\n (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 \nU.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, \nMedicaid, and SCHIP Benefits Improvement and Protection Act of 2000 \n(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public \nLaw 106-554, is amended--\n (1) in subparagraph (U), by striking ``and'' at the end;\n (2) in subparagraph (V), by inserting ``and'' at the end; \n and\n (3) by adding at the end the following new subparagraph:\n ``(W) pharmacist services (as defined in subsection \n (ww));''.\n (b) Services Described.--Section 1861 of the Social Security Act \n(42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, \nMedicaid, and SCHIP Benefits Improvement and Protection Act of 2000 \n(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public \nLaw 106-554, is amended by adding at the end the following new \nsubsection:\n\n ``Pharmacist Services\n\n ``(ww) The term `pharmacist services' means such drug therapy \nmanagement services furnished by a pharmacist, individually or on \nbehalf of a pharmacy provider, and such services and supplies furnished \nas an incident to the pharmacist's drug therapy management service, \nwhich the pharmacist is legally authorized to perform (in the State in \nwhich the individual performs such services) in accordance with State \nlaw (or the State regulatory mechanism provided by State law).''.\n (c) Payment.--\n (1) In general.--Section 1833(a)(1) of the Social Security \n Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of \n the Medicare, Medicaid, and SCHIP Benefits Improvement and \n Protection Act of 2000 (114 Stat. 2763A-489), as enacted into \n law by section 1(a)(6) of Public Law 106-554, is amended--\n (A) by striking ``and'' before ``(U)''; and\n (B) by inserting before the semicolon at the end \n the following: ``, and (V) with respect to pharmacist \n services under section 1861(s)(2)(W), the amounts paid \n shall be 80 percent of the lesser of the actual charge \n or the amount established under section 1834(n);''.\n (2) Establishment of fee schedule; payments prior to \n implementation of fee schedule.--Section 1834 of the Social \n Security Act (42 U.S.C. 1395m), as amended by section 223(b) of \n the Medicare, Medicaid, and SCHIP Benefits Improvement and \n Protection Act of 2000 (114 Stat. 2763A-487), as enacted into \n law by section 1(a)(6) of Public Law 106-554, is amended by \n adding at the end the following new subsection:\n ``(n) Fee Schedules for Pharmacist Services.--\n ``(1) Development.--The Secretary shall develop--\n ``(A) a relative value scale to serve as the basis \n for the payment of pharmacist services (as defined in \n section 1861(ww)) under this part; and\n ``(B) using such scale and appropriate conversion \n factors, fee schedules (on a regional, statewide, \n locality, or carrier service area basis) for payment \n for pharmacist services under this part, to be \n implemented for such services furnished during years \n beginning after the expiration of the 3-year period \n which begins on the date of enactment of this \n subsection.\n ``(2) Considerations.--In developing the relative value \n scale and fee schedules under paragraph (1), the Secretary \n shall consider differences in--\n ``(A) the time required to perform types of \n pharmacist services;\n ``(B) the level of risk associated with the use of \n particular out-patient prescription drugs or groups of \n drugs; and\n ``(C) the health status of individuals to whom \n pharmacist services are provided.\n ``(3) Consultation.--In developing the fee schedule for \n pharmacist services under this subsection, the Secretary shall \n consult with various national organizations representing \n pharmacists and pharmacies and share with such organizations \n the relevant data and data analysis being used in establishing \n such fee schedule, including data on variations in payments \n under this part by geographic area and by service.\n ``(4) Payments prior to implementation of fee schedule.--In \n the case of a pharmacist service (as defined in section \n 1861(ww)) that is furnished before the implementation of the \n fee schedule developed under paragraph (1)(B), the Secretary \n shall pay an amount equal to 80 percent of the amount that the \n Secretary would pay for such service under the fee schedule \n established under section 1848 if the service were furnished by \n a physician or as an incident to a physician's service.''.\n (d) Report to Congress.--Not later than 3 years after the date of \nenactment of this Act, the Secretary of Health and Human Services shall \nsubmit to Congress a report on the relative value scale and fee \nschedules developed under section 1834(n)(1) of the Social Security Act \n(as added by subsection (c)(2)) for pharmacist services furnished under \npart B of the medicare program under title XVIII of the Social Security \nAct.\n (e) Effective Date.--The amendments made by this section shall \napply to services furnished on or after January 1, 2002.","summary":"Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.","title":"To amend title XVIII of the Social Security Act to provide for coverage of pharmacist services under part B of the Medicare Program.","text_len":5894,"sum_len":269} {"bill_id":"113_hr2451","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strengthening Entrepreneurs' \nEconomic Development Act of 2013''.\n\nSEC. 2. DIRECT LENDING PROGRAM FOR SMALL BUSINESS CONCERNS.\n\n (a) Establishment.--The Administrator of the Small Business \nAdministration shall--\n (1) establish and carry out a loan program (in this Act \n referred to as the ``program''); and\n (2) establish a process under which an eligible small \n business concern may submit an application to the Administrator \n for the purpose of securing a loan under the program.\n (b) Loan Amount.--Each loan made to an eligible small business \nconcern under the program shall be in an amount not to exceed $150,000.\n (c) Repayment Period.--An eligible small business concern that \nreceives a loan under the program shall repay the loan not later than 6 \nyears after the date on which such loan is disbursed.\n (d) No Prepayment Penalty.--There shall be no prepayment penalty on \na loan made under the program.\n (e) Interest Rate.--The maximum legal rate of interest on any loan \nmade under the program shall not exceed the sum of the rate prescribed \nby the Administrator pursuant to section 7(a)(4)(A) of the Small \nBusiness Act (15 U.S.C. 636(a)(4)(A)) for direct loans plus 5 percent.\n (f) Borrower Fees.--With respect to each loan made to an eligible \nsmall business concern under the program, the Administrator may collect \na fee from the borrower using the formula established under section \n7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)).\n (g) Underwriting Standards.--Not later than 180 days after the date \nof enactment of this Act, the Administrator shall issue guidance \nregarding prudent underwriting standards that must be used for loans \nmade under the program.\n (h) Lender Participation.--\n (1) Lenders.--\n (A) In general.--The Administrator shall establish \n a process under which the Administrator makes available \n to lenders each loan application submitted for the \n purpose of such lenders originating, underwriting, \n closing, and servicing the loan for which the applicant \n applied.\n (B) Eligibility.--Lenders are eligible to receive a \n loan application described in subparagraph (A) if they \n participate in the program.\n (C) Local lenders.--The Administrator shall first \n make available a loan application described in \n subparagraph (A) to lenders within 50 miles of the \n principal office of the loan applicant.\n (D) Preferred lenders.--If a lender described in \n subparagraph (C) does not agree to originate, \n underwrite, close, and service the loan applied for \n within 5 business days of receiving a loan application \n described in subparagraph (A), the Administrator shall \n subsequently make available such loan application to \n lenders in the Preferred Lenders Program under section \n 7(a)(2)(C)(ii) of the Small Business Act (15 U.S.C. \n 636(a)(2)(C)(ii)).\n (E) Authority of administration to lend.--If a \n lender described in subparagraphs (C) and (D) does not \n agree to originate, underwrite, close, and service the \n loan applied for within 10 business days of receiving a \n loan application described in subparagraph (A), the \n Administrator shall, in accordance with the \n underwriting standards promulgated under subsection \n (g), consider such loan for origination, underwriting, \n closing, and servicing by the Administration within 10 \n business days.\n (2) Asset sales.--The Administrator shall offer to sell \n loans made by the Administrator under the program. Such sales \n shall be made through the semi-annual public solicitation (in \n the Federal Register and in other media) of offers to purchase. \n The Administrator may contract with vendors for due diligence, \n asset valuation, and other services related to such sales. The \n Administrator may not sell any loan under the program for less \n than 90 percent of the net present value of the loan, as \n determined and certified by a qualified third party.\n (3) Loans not sold.--The Administrator shall maintain and \n service loans made by the Administrator under this paragraph \n that are not sold through the asset sales under this \n subsection.\n (i) Definitions.--In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Small Business Administration.\n (2) Eligible small business concern.--The term ``eligible \n small business concern'' means a small business concern that \n has less than 20 employees.\n (3) Small business concern.--The term ``small business \n concern'' has the same meaning given such term under section 3 \n of the Small Business Act (15 U.S.C. 632).\n\nSEC. 3. FEE FOR HIGH-DOLLAR 7(A) LOANS.\n\n Section 7(a) of the Small Business Act is amended--\n (1) by redesignating paragraphs (31) through (35) as \n paragraphs (32) through (36); and\n (2) by inserting the following new paragraph:\n ``(31) Fee for high-dollar loans.--With respect to each \n loan in excess of $2,000,000 approved under this subsection, \n the Administration shall assess, collect, and retain a fee not \n to exceed a certain percentage, as determined by the \n Administrator, of the outstanding balance of the deferred \n participation share of the loan, as necessary to reduce to zero \n the cost to the Administration of making loans under this \n subsection. As used in the paragraph, the term `cost' has the \n meaning given that term in section 502 of the Federal Credit \n Reform Act of 1990 (2 U.S.C. 661a).''.","summary":"Strengthening Entrepreneurs' Economic Development Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish and carry out a direct lending program for small businesses . Sets forth provisions governing the amount and repayment period of, and interest rate on, such a loan. Authorizes the Administrator to collect a fee from the borrower. Directs the Administrator to: (1) issue guidance regarding prudent underwriting standards for such loans. (2) establish a process of making each loan application available to lenders for the purpose of originating, underwriting, closing, and servicing the loan. (3) first give priority to lenders within 50 miles of the principal office of the applicant, then make such applications available to lenders in the Preferred Lenders Program, and then consider such a loan for origination, underwriting, closing, and servicing by the Administrator. (4) offer to sell loans made under the program through the semi-annual public solicitation of offers to purchase. And (5) maintain and service loans that are not sold through asset sales. Amends the Small Business Act to require the SBA, for each small business loan in excess of $2 million that is approved under such Act, to collect a fee not to exceed a certain percentage of the outstanding balance of the deferred participation share of the loan as necessary to reduce to zero the cost to the SBA of making such loan.","title":"Strengthening Entrepreneurs' Economic Development Act of 2013","text_len":6268,"sum_len":1442} {"bill_id":"115_hr6104","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Generating American Income and \nInfrastructure Now Act''.\n\nSEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS.\n\n (a) In General.--\n (1) Coordination of sale of distressed notes.--The \n Secretary of Agriculture shall sell, under terms established by \n the Secretary of the Treasury, distressed notes and other \n obligations held by the Department of Agriculture.\n (2) Deposit of proceeds.--Of the proceeds from the sale of \n the notes and obligations pursuant to paragraph (1)--\n (A) 50 percent shall be deposited in an account \n specifically designated for purposes of carrying out \n infrastructure projects in low-income communities (as \n defined in section 45D(e) of the Internal Revenue Code \n of 1986); and\n (B) 50 percent shall be retained in the Treasury \n for purposes of deficit reduction.\n (b) Terms and Procedures of Sales.--\n (1) Fair market valuation.--The Secretary of the Treasury \n shall consult with the Secretary of Agriculture to establish a \n fair market valuation for the sale of the distressed notes or \n other obligations pursuant to this section.\n (2) No recourse or liability.--The sale of distressed notes \n or other obligations pursuant to this section shall be on a \n nonrecourse basis. The Secretary of Agriculture and any \n subsequent purchaser of such notes or other obligations sold on \n a nonrecourse basis shall be relieved of any responsibilities \n that might have been imposed had the borrower remained indebted \n to the Secretary of Agriculture.\n (3) Contract provisions.--The sale of distressed notes or \n other obligations pursuant to this section shall not alter the \n terms specified in the note or other obligation.\n (4) Notification; notice and comment.--Not less than 60 \n days before the sale of a distressed note or other obligation \n pursuant to this section, the Secretary of Agriculture shall \n notify the borrower that the Department of Agriculture intends \n to sell such note or other obligation.\n (5) Notice and comment.--During the 60-day period before \n the sale of a distressed note or other obligation under this \n section, the Secretary of Agriculture shall provide an \n opportunity for notice and public comment in a manner that \n protects the personally identifiable information relating to \n the borrower.\n (6) Borrower opportunity to refinance.--A borrower may pay \n off a distressed note or other obligation at a discount to par \n value enabling the borrower to refinance the note or other \n obligation through a private market loan within 30 days after \n the borrower receives notification of the intent to sell such \n note or other obligation pursuant to paragraph (4).\n (7) Best price.--The Secretary of Agriculture shall obtain \n the highest possible return from the sales of distressed notes \n or other obligations under this section and may conduct sales \n on a competitive bidding or negotiated process, in amounts \n sufficiently large to assure market interest.\n (8) Financial advisor.--In order to assure the highest \n possible return, the Secretary of Agriculture may employ public \n finance advisors from micro-, woman-, and minority-owned \n businesses, as defined by the Small Business Administration.\n (9) Loan servicing.--Before selling any distressed note or \n other obligation under this section, the Secretary of \n Agriculture shall require persons offering to purchase the note \n or other obligation to demonstrate--\n (A) an ability or resources to provide such \n servicing, with respect to the distressed note or other \n obligation, that the Secretary of the Treasury \n determines to be necessary to ensure the continued \n performance on the loan; and\n (B) the ability to generate capital to provide the \n borrowers of the distressed notes or other obligations \n such additional credit as may be necessary in proper \n servicing of such notes or other obligations.\n (c) GAO Report.--Not later than one year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to Congress a report on the sale of distressed notes or \nother obligations of the Department of Agriculture under this section. \nSuch report shall include the recommendation of the Comptroller General \nof the United States with respect to whether such a sale should be \nundertaken by other Federal agencies.","summary":"Generating American Income and Infrastructure Now Act This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50 must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50 must be retained in the Treasury for deficit reduction.","title":"Generating American Income and Infrastructure Now Act","text_len":5030,"sum_len":512} {"bill_id":"108_s2790","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.\n\nSEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.\n\n (a) In General.--Notwithstanding any other provision of law, if any \nof the coal preference right lease applications captioned NMNM 3752, \nNMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM \n3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or \nholders of the applications, the Secretary of the Interior, acting \nthrough the Bureau of Land Management (referred to in this Act as the \n``Secretary''), shall issue under section 4(a)(2) to each such holder \nor holders a certificate of bidding rights (in such form and manner as \nprovided for under regulations promulgated by the Secretary under the \nMineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the \ncombined fair market value, as determined under section 3, of the coal \nreserves for each coal preference right lease application withdrawn by \nthe holder.\n (b) Relinquishment.--The relinquishment of all rights associated \nwith the coal preference lease applications withdrawn shall be \neffective on the date of the issuance of the certificate of bidding \nrights under section 4(a)(2).\n (c) No Adjudication.--The withdrawals and issuances required under \nsubsection (a) shall occur without any further adjudication of coal \npreference right lease applications by the Secretary.\n\nSEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE.\n\n (a) In General.--Notwithstanding any other provision of law, this \nsection shall apply to the issuance of a certificate of bidding rights \nunder section 4(a)(2).\n (b) Value of Coal Reserves.--\n (1) In general.--The fair market value of the coal reserves \n of any coal preference right lease application withdrawn under \n section 2(a) shall be determined by the panel established under \n paragraph (2).\n (2) Panel.--\n (A) Establishment.--Not later than 30 days after \n the date of enactment of this Act, the Secretary shall \n establish a panel to determine the fair market value of \n the coal reserves of any coal preference right lease \n applications withdrawn under section 2(a).\n (B) Membership.--The panel shall be composed of 3 \n representatives, of whom--\n (i) 1 representative shall be appointed by \n the Secretary;\n (ii) 1 representative shall be appointed by \n the holder of the preference right lease \n application; and\n (iii) 1 representative shall be appointed \n by the Governor of the State of New Mexico.\n (3) Mineral appraiser.--The Secretary shall contract with a \n qualified coal reserve appraiser to assist the panel \n established under paragraph (2)(A) in determining the fair \n market value of a coal reserve.\n (4) Supplemental information.--In determining the fair \n market value of a coal reserve, the panel may supplement any \n information provided to the panel, as the panel determines to \n be appropriate.\n (5) Determination.--Not later than 75 days after the date \n on which the panel is established under paragraph (2)(A), the \n panel shall submit to the Secretary the determination of the \n panel with respect to the fair market value of a coal reserve \n of any coal preference right lease application withdrawn by the \n holder.\n\nSEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE \n APPLICATIONS.\n\n (a) In General.--Notwithstanding any other provision of law, not \nlater than 120 days after the withdrawal of a coal preference right \nlease application, the Secretary shall--\n (1) issue to the Navajo Nation patents to the land, \n including the mineral estate, subject to the coal preference \n right lease application withdrawn--\n (A) in full and final satisfaction of the right of \n the Navajo Nation to select land in New Mexico under \n section 11 of the Navajo-Hopi Land Settlement Act of \n 1974 (25 U.S.C. 640d-10); and\n (B) to facilitate land consolidation and facilitate \n mineral development in northwest New Mexico; and\n (2) issue a certificate of bidding rights in the amount of \n the fair market value determined under section 3.\n (b) Enforcement.--The duties of the Secretary under this section \nshall be considered nondiscretionary and enforceable in a mandamus \nproceeding brought under section 1361 of title 28, United States Code.\n\nSEC. 5. USE OF EXCHANGE BIDDING RIGHTS.\n\n (a) In General.--Notwithstanding any other provision of law--\n (1) a certificate of bidding rights issued under section \n 4(a)(2) shall--\n (A) be subject to such procedures as the Secretary \n may establish pertaining to notice of transfer and \n accountings of holders and their balances;\n (B) be transferable by the holder or holders of the \n certificate of bidding rights in whole or in part; and\n (C) constitute a monetary credit that, subject to \n paragraph (2), may be applied, at the election of the \n holder or holders of the certificate of bidding rights, \n against--\n (i) rentals, advance royalties, or \n production royalties payable to the Secretary \n under Federal coal leases; and\n (ii) bonus payments payable to the \n Secretary in the issuance of a Federal coal \n lease or Federal coal lease modification under \n the coal leasing provisions of the Mineral \n Leasing Act (30 U.S.C. 181 et seq.); and\n (2) in a case in which a certificate of bidding rights \n issued under section 4(a)(2) is applied by the holder or \n holders of the certificate of bidding rights as a monetary \n credit against a payment obligation under a Federal coal lease, \n the holder or holders--\n (A) may apply the bidding rights only against 50 \n percent of the amount payable under the lease; and\n (B) shall pay the remaining 50 percent as provided \n for under the lease in cash or cash equivalent.\n (b) Payment Under Lease Obligations.--Any payment of a Federal coal \nlease obligation by the holder or holders of a certificate of bidding \nrights issued under section 4(a)(2)--\n (1) shall be treated as money received under section 35 of \n the Mineral Leasing Act (30 U.S.C. 191); but\n (2) shall be credited and redistributed by the Secretary \n only as follows:\n (A) 50 percent of the amount paid in cash or its \n equivalent shall be--\n (i) distributed to the State in which the \n lease is located; and\n (ii) treated as a redistribution under \n section 35 of the Mineral Leasing Act (30 \n U.S.C. 191).\n (B) 50 percent of the amount paid through a \n crediting of the bidding rights involved shall be \n treated as a payment that is subject to redistribution \n under that section to the Reclamation and Miscellaneous \n Receipts accounts in the Treasury.","summary":"Bisti PRLA Dispute Resolution Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management, if any of specified coal preference right lease applications are withdrawn by the holder or holders of those applications, to issue to each such holder a certificate of bidding rights that constitutes the combined fair market value of the coal reserves for each coal preference right lease application withdrawn by the holder. Provides that such withdrawals and issuances shall occur without any further adjudication of coal preference right lease applications. Directs the Secretary to establish a panel to determine the fair market value of the coal reserves of any coal preference right applications withdrawn under this Act. Instructs the Secretary to contract with a qualified coal reserve appraiser to assist the panel. Directs the Secretary, after the withdrawal of a coal preference right lease application, to: (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to such withdrawn application in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico and to facilitate land consolidation and mineral development in northwest New Mexico. And (2) issue a certificate of bidding rights in the amount of the fair market value of the coal reserves of such application. Provides that the Secretary's duties in issuing such patents and certificates shall be considered nondiscretionary and enforceable in a mandamus proceeding. Sets forth provisions regarding the use of exchange bidding rights.","title":"A bill to provide the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land.","text_len":7921,"sum_len":1592} {"bill_id":"104_hr1126","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Durham Woods Natural Gas Pipeline \nSafety Act of 1995''.\n\nSEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION \n AREAS.\n\n (a) Instrumented Internal Inspection Devices.--Section 60102(f)(2) \nof title 49, United States Code, is amended by inserting ``In the case \nof gas pipelines, such inspection shall be required not less than once \nevery 7 years.'' after ``60109 of this title.''.\n (b) Additional Inspections.--Section 60108 of title 49, United \nStates Code, is amended by adding at the end the following new \nsubsection:\n ``(e) Additional Inspection Requirements for Gas Transmission \nPipeline Facilities.--Within 2 years after the date of the enactment of \nthis subsection, the Secretary shall prescribe regulations requiring \nthat each owner or operator of a gas transmission pipeline facility--\n ``(1) establish a program for observing from the air, or \n inspecting from the ground, or both, at least once every month, \n the surface conditions on and adjacent to the right-of-way of \n all of such owner or operator's gas transmission pipeline \n facilities identified under section 60109 of this title for \n indications of leaks, construction, and other circumstances \n affecting safety or operation; and\n ``(2) place line markers at suitable intervals along the \n rights-of-way of all of such owner or operator's gas \n transmission pipeline facilities identified under section 60109 \n of this title, unless such placement is impractical.''.\n\nSEC. 3. DAMAGE REPORTING.\n\n Section 60123(d)(2) of title 49, United States Code, is amended--\n (1) by striking ``or'' at the end of subparagraph (A);\n (2) by redesignating subparagraph (B) as subparagraph (C); \n and\n (3) by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) a pipeline facility and does not report the \n damage promptly to the operator of the pipeline \n facility and other appropriate authorities; or''.\n\nSEC. 4. INCREASED PENALTIES.\n\n (a) Criminal Penalties.--Section 60123 of title 49, United States \nCode, is amended--\n (1) in subsection (a), by striking ``5 years'' and \n inserting in lieu thereof ``10 years'';\n (2) in subsection (b), by striking ``15 years'' and \n inserting in lieu thereof ``30 years'';\n (3) in subsection (c), by striking ``one year'' and \n inserting in lieu thereof ``5 years''; and\n (4) in subsection (d), by striking ``5 years'' and \n inserting in lieu thereof ``10 years''.\n (b) Civil Penalties.--Section 60122(a) of title 49, United States \nCode, is amended--\n (1) in paragraph (1)--\n (A) by striking ``or 60118(a)'' and inserting in \n lieu thereof ``, 60102(l), or 60118(a)'';\n (B) by striking ``$25,000'' and inserting in lieu \n thereof ``$50,000''; and\n (C) by striking ``$500,000'' and inserting in lieu \n thereof ``$1,000,000''; and\n (2) in paragraph (2), by striking ``$50,000'' and inserting \n in lieu thereof ``$100,000''.\n\nSEC. 5. PUBLIC AWARENESS.\n\n Section 60116 of title 49, United States Code, is amended--\n (1) by inserting ``(a) Requirement.--'' before ``Under \n regulations the Secretary''; and\n (2) by adding at the end the following new subsection:\n ``(b) State Programs.--The Secretary shall, to the extent provided \nin advance in appropriations Acts, make grants to States for the \npromotion of public awareness of the dangers of excavating near \npipeline facilities by advertising in the media and other means.''.\n\nSEC. 6. PIPELINE SAFETY STUDY.\n\n (a) Study.--The Secretary of Transportation shall conduct a \ncomprehensive study on the safety of all gas transmission pipeline \nfacilities in the State of New Jersey. Such study shall address, at a \nminimum--\n (1) increasing population encroachment on pipeline rights-\n of-way;\n (2) environmental concerns;\n (3) financial pressures on the pipeline industry to control \n their costs; and\n (4) the feasibility of utilizing remotely operated or \n automatic shut-off valves, and their appropriate spacing.\n (b) Report to Congress.--Not later than 1 year after the date of \nthe enactment of this Act, the Secretary of Transportation shall \ntransmit to the Congress a report containing the results of the study \nconducted under subsection (a).\n\nSEC. 7. RISK ASSESSMENT.\n\n (a) Assessment.--The Secretary of Transportation shall conduct an \nassessment of the risks to public safety and the environment posed by \nthe transportation of gas by pipeline. Such assessment shall--\n (1) rank the risks identified by the Secretary in terms of \n their probability of occurrence and the severity of their \n likely consequences, and in terms of any other factors the \n Secretary considers relevant;\n (2) identify and prioritize technically feasible and \n economically justified actions that should be taken to lessen \n the risks identified; and\n (3) address, at a minimum--\n (A) inspection by instrumented internal inspection \n devices;\n (B) installation of state-of-the-art leak detection \n systems, including automatic and remotely controlled \n valves;\n (C) inspection and burial of underwater pipelines; \n and\n (D) inspection and replacement of cast iron \n pipelines.\n (b) Report to Congress.--Not later than 18 months after the date of \nthe enactment of this Act, the Secretary of Transportation shall \ntransmit to the Congress a report including the assessment required \nunder subsection (a) and a plan for actions proposed by the Secretary \nto address each risk identified in the assessment.\n\nSEC. 8. MAPPING.\n\n Section 60102 of title 49, United States Code, is amended by adding \nat the end the following new subsection:\n ``(l) Mapping of Pipeline Facilities.--(1) The owner or operator of \na gas transmission or hazardous liquid pipeline facility, or a \nregulated gathering line, shall inform the Secretary of the specific \nlocation of such pipeline facility or gathering line.\n ``(2) The Secretary, using the information received under paragraph \n(1) and any other information available to the Secretary, shall develop \na comprehensive mapping program to identify the specific location of \nall gas transmission and hazardous liquid pipeline facilities, and \nregulated gathering lines. The program shall include information on the \nproximity of such pipeline facilities and gathering lines to high-\ndensity population areas, environmentally sensitive areas, water \nintakes, and other appropriate areas or facilities. The Secretary shall \nestablish an electronic data base for the comprehensive mapping \nprogram, and shall ensure that such data base is available to State and \nlocal governments and the public in an appropriate manner.\n ``(3) The Secretary shall ensure the security of the program \ndeveloped under paragraph (2) against terrorism, sabotage, and other \nthreats.''.\n\nSEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE.\n\n Section 60115(f) is amended--\n (1) by striking the first 2 sentences thereof; and\n (2) by inserting ``of a committee under this section'' \n after ``A member''.\n\nSEC. 10. DEFINITIONS.\n\n Terms used in this Act shall have the same definitions given such \nterms in section 60101 of title 49, United States Code.","summary":"Durham Woods Natural Gas Pipeline Safety Act of 1995 - Amends Federal pipeline safety law to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas. And (2) transmission pipeline operators to institute a monthly inspection program for leaks and other specified hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to fail to report damage to a gas or hazardous liquid pipeline facility after knowingly and willfully engaging in excavation activities without taking specified steps to establish the location of underground facilities. Increases the civil and criminal penalties for violations of such law. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near gas pipelines. (2) study and report to the Congress on the safety of all gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by gas pipeline transportation. And (3) develop a comprehensive mapping program to identify the specific location of all gas and hazardous liquid transmission pipelines , and gathering lines, in the country.","title":"Durham Woods Natural Gas Pipeline Safety Act of 1995","text_len":7882,"sum_len":1378} {"bill_id":"107_s1633","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Suburban and Community Forestry and \nOpen Space Initiative Act of 2001''.\n\nSEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.\n\n The Cooperative Forestry Assistance Act of 1978 is amended by \ninserting after section 7 (16 U.S.C. 2103c) the following:\n\n``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.\n\n ``(a) Definitions.--In this section:\n ``(1) Eligible entity.--The term `eligible entity' means a \n State (including a political subdivision) or nonprofit \n organization that the Secretary determines under subsection \n (c)(1)(A)(ii) is eligible to receive a grant under subsection \n (c)(2).\n ``(2) Indian tribe.--The term `Indian tribe'--\n ``(A) in the case of the State of Alaska, means a \n Native corporation (as defined in section 3 of the \n Alaska Native Claims Settlement Act (43 U.S.C. 1602)); \n and\n ``(B) in the case of any other State, has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. \n 450b).\n ``(3) Private forest land.--The term `private forest land' \n means land that is--\n ``(A)(i) covered by trees; or\n ``(ii) suitable for growing trees, as determined by \n the Secretary;\n ``(B) suburban, as determined by the Secretary; and\n ``(C) owned by--\n ``(i) a private entity; or\n ``(ii) an Indian tribe.\n ``(4) Program.--The term `program' means the Suburban and \n Community Forestry and Open Space Initiative established by \n subsection (b).\n ``(5) Secretary.--The term `Secretary' means the Secretary \n of Agriculture, acting through the Chief of the Forest Service.\n ``(b) Establishment.--\n ``(1) In general.--There is established within the Forest \n Service a program to be known as the `Suburban and Community \n Forestry and Open Space Initiative'.\n ``(2) Purpose.--The purpose of the program is to provide \n assistance to eligible entities to carry out projects and \n activities to--\n ``(A) identify and preserve private forest land; \n and\n ``(B) contain suburban sprawl.\n ``(c) Grant Program.--\n ``(1) Identification of eligible private forest land.--\n ``(A) In general.--The Secretary, in consultation \n with State foresters or equivalent State officials and \n State planning offices, shall establish criteria for--\n ``(i) the identification, subject to \n subparagraph (B), of private forest land in \n each State that may be preserved under this \n section; and\n ``(ii) the identification of eligible \n entities.\n ``(B) Conditions for eligible private forest \n land.--Private forest land identified for preservation \n under subparagraph (A)(i) shall be land that is--\n ``(i) located in an area that is affected, \n or threatened to be affected, by significant \n suburban sprawl, as determined by the \n appropriate planning office of the State in \n which the private forest land is located; and\n ``(ii) threatened by present or future \n conversion to nonforest use.\n ``(2) Grants.--\n ``(A) Projects and activities.--\n ``(i) In general.--In carrying out this \n section, the Secretary shall award grants to \n eligible entities to carry out a project or \n activity described in clause (ii).\n ``(ii) Types.--A project or activity \n referred to in clause (i) is a project or \n activity that--\n ``(I) is carried out to preserve \n private forest land or contain suburban \n sprawl; and\n ``(II) provides for guaranteed \n public access to land on which the \n project or activity is carried out, \n unless the appropriate State planning \n office requests, and provides \n justification for the request, that \n that requirement be waived.\n ``(B) Application.--An eligible entity that seeks \n to receive a grant under this section shall submit to \n the Secretary, in such form as the Secretary shall \n prescribe, an application for the grant (including a \n description of any private forest land to be preserved \n using funds from the grant).\n ``(C) Approval or disapproval.--\n ``(i) In general.--Subject to clause (ii), \n as soon as practicable after the date on which \n the Secretary receives an application under \n subparagraph (B) or a resubmission under \n subclause (II)(bb), the Secretary shall--\n ``(I)(aa) approve the application; \n and\n ``(bb) award a grant to the \n applicant; or\n ``(II)(aa) disapprove the \n application; and\n ``(bb) provide the applicant a \n statement that describes the reasons \n why the application was disapproved \n (including a deadline by which the \n applicant may resubmit the \n application).\n ``(ii) Priority.--In awarding grants under \n this section, the Secretary shall give priority \n to applicants that propose to fund projects and \n activities that promote, in addition to the \n primary purposes of preserving private forest \n land and containing suburban sprawl--\n ``(I) the active management, in a \n sustainable manner, of private forest \n land;\n ``(II) community and school \n education programs and curricula \n relating to sustainable forestry; and\n ``(III) community involvement in \n determining the care and management of \n forest resources.\n ``(3) Cost sharing.--\n ``(A) In general.--The Federal share of the cost of \n carrying out any project or activity using funds from a \n grant awarded under this section shall not exceed \\1\/2\\ \n of the total cost of the project or activity.\n ``(B) Assurances of non-federal share.--As a \n condition of receipt of a grant under this section, an \n eligible entity shall provide to the Secretary such \n assurances as the Secretary determines are sufficient \n to demonstrate that the non-Federal share of the cost \n of each project or activity to be funded by the grant \n has been secured.\n ``(C) Form of non-federal share.--The non-Federal \n share of the cost of carrying out any project or \n activity described in subparagraph (A) may be provided \n in cash or in kind.\n ``(d) Use of Grant Funds for Purchases of Land or Easements.--\n ``(1) Purchases.--\n ``(A) In general.--Except as provided in \n subparagraph (B), funds made available, and grants \n awarded, under this section may be used to purchase \n private forest land or interests in private forest land \n (including conservation easements) only from willing \n sellers at fair market value.\n ``(B) Sales at less than fair market value.--A sale \n of private forest land or an interest in private forest \n land at less than fair market value shall be permitted \n only on certification by the landowner that the sale is \n being entered into willingly and without coercion.\n ``(2) Title.--Title to private forest land or an interest \n in private forest land purchased under paragraph (1) may be \n held, as determined appropriate by the Secretary, by--\n ``(A) a State (including a political subdivision of \n a State); or\n ``(B) a nonprofit organization.\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n ``(1) $50,000,000 for fiscal year 2003; and\n ``(2) such sums as are necessary for each fiscal year \n thereafter.''.","summary":"Suburban and Community Forestry and Open Space Initiative Act of 2001 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Initiative, which shall provide grants to preserve private forest land and contain suburban sprawl.","title":"A bill to amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to States and nonprofit organizations to preserve suburban open space and contain suburban sprawl, and for other purposes.","text_len":10020,"sum_len":312} {"bill_id":"115_s1824","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Appalachian Regional Commission \nReform Act''.\n\nSEC. 2. FINDINGS.\n\n (a) Headquarters.--Congress finds that--\n (1) regional commissions, such as the Delta Regional \n Authority, the Denali Commission, and the Northern Border \n Regional Commission, are each headquartered in their respective \n region;\n (2) headquartering regional commissions within the region \n affected is a sensible approach to ensure that the commissions \n are housed in more affordable locations than the District of \n Columbia, thereby reducing administrative overhead and making \n the commissions closer and more accountable to the people the \n commissions were designed to serve;\n (3) the Appalachian Regional Commission (referred to in \n this Act as the ``Commission'') is not headquartered in \n Appalachia but in Washington, DC; and\n (4) the headquarters of the Commission should be relocated \n from the District of Columbia to a more affordable location in \n the Appalachian region so that it is closer and more \n accountable to the people the Commission was designed to serve.\n (b) Performance.--Congress finds that--\n (1) the Commission was created to help foster economic \n opportunity and close health and educational disparities in a \n geographic region of the United States beleaguered by \n persistent poverty and high unemployment;\n (2) the Commission remains the sole Federal agency focused \n singularly on economic revitalization in the Appalachian \n region;\n (3) in 1998, Congress charged the Commission with \n ``address[ing] the needs of severely and persistently \n distressed areas of the Appalachian region and focus[ing] \n special attention on the areas of greatest need'';\n (4) the Commission has long been criticized for its \n shortcomings in fulfilling this mission, including in--\n (A) a 1999 study titled ``Mountain Money: Federal \n Tax Dollars Miss the Mark in Core Appalachia'' by Mark \n Ferenchik and Jill Ripenhoff for the Columbus Dispatch; \n and\n (B) a 2008 book titled ``Uneven Ground: Appalachia \n Since 1945'' by Ronald D. Eller;\n (5) in 2004, the Office of Management and Budget noted the \n importance of the Commission ``[f]ocusing efforts on . . . \n targeting assistance to areas of distress'';\n (6) in 2017, Citizens Against Government Waste \n characterized the programming of the Commission as duplicative \n and called for drastic reductions in the budget of the \n Commission;\n (7) in 2017, the Office of Management and Budget, citing a \n Government Accountability Office study, concluded that the \n Commission should be abolished, and that conclusion was \n reflected in the fiscal year 2018 budget request submitted by \n the President;\n (8) these recent actions reflect a growing chorus that the \n Commission should be reformed; and\n (9) therefore, given the long-recognized shortcomings of \n the Commission, the long-standing criticism of the Commission, \n and the need to ensure its optimal performance, the time has \n arrived for the Commission to be reformed.\n (c) Persistent Poverty.--Congress finds that--\n (1) using 1960 data, the Commission (which was created in \n 1965) concluded that there were 214 distressed counties in the \n Appalachian region;\n (2) in 2017, according to the Commission, there are 84 \n distressed counties in the Appalachian region, reflecting the \n areas of most persistent poverty in the region; and\n (3) therefore, the Commission should be reformed to focus \n its attention on the areas of most persistent poverty in the \n region.\n (d) Area Development Funding for Distressed Counties.--Congress \nfinds that--\n (1) according to the study by the Columbus Dispatch \n referred to in subsection (b)(4)(A), of the 22,169 grants \n issued by the Commission from fiscal year 1966 through fiscal \n year 1998, none of the 5 counties that received the most \n Commission funding was considered distressed, and more than \\1\/\n 4\\ of all Commission spending during that period went to States \n with few, if any, distressed counties;\n (2) according to author Ronald D. Eller in 2014, ``[the \n Commission] policies have concentrated resources in a select \n few `growth centers' in the [Appalachian] region, expanding \n services to the poor and growing the mountain middle class, but \n doing little to alter conditions in the most rural distressed \n counties or to address systemic political or economic \n inequalities throughout Appalachia'';\n (3) until 1995, the Commission allocated up to 20 percent \n of its area development grants for use in distressed counties;\n (4) following instructions given to the Commission by the \n Committees on Appropriations of the Senate and the House of \n Representatives in 1995, this allocation was increased by the \n Commission to 30 percent;\n (5) section 7.5(c) of the Code of the Commission (as in \n effect on the date of enactment of this Act) reflects this 1995 \n policy change and states that the Commission ``will allocate up \n to 30 percent of Commission area development funds for use in \n distressed counties'', even though, according to the \n Commission's public representations, economic conditions in \n distressed areas of the Appalachian region have not greatly \n improved since the 1960s;\n (6) given the persistent levels of poverty in the \n distressed counties in the Appalachian region, more area \n development funding and emphasis should be devoted to those \n counties; and\n (7) therefore, the allocation described in paragraph (3) \n should be increased to 60 percent.\n (e) Grant Expenditures.--Congress finds that--\n (1) section 14524(d) of title 40, United States Code, \n provides that ``not less than 50 percent of the amount of grant \n expenditures the Commission approves shall support activities \n or projects that benefit severely and persistently distressed \n counties and areas'';\n (2) given the persistent levels of poverty in the \n distressed counties in the Appalachian region, more grant \n expenditures and emphasis should be devoted to those counties; \n and\n (3) therefore, the 50 percent threshold in section 14524(d) \n of title 40, United States Code, should be increased to 60 \n percent.\n\nSEC. 3. MISSION OF THE APPALACHIAN REGIONAL COMMISSION.\n\n Section 14301 of title 40, United States Code, is amended by \nstriking subsection (a) and inserting the following:\n ``(a) Establishment and Mission.--\n ``(1) Establishment.--There is an Appalachian Regional \n Commission (referred to in this chapter as the `Commission').\n ``(2) Mission.--The mission of the Commission shall be to \n focus primarily on poverty reduction and economic development \n in areas in the Appalachian region with the most persistent \n poverty.''.\n\nSEC. 4. HEADQUARTERS OF THE APPALACHIAN REGIONAL COMMISSION.\n\n (a) In General.--Section 14301 of title 40, United States Code, is \namended by adding at the end the following:\n ``(g) Headquarters.--The headquarters of the Commission shall be \nlocated in the Appalachian region.''.\n (b) Implementation.--The Federal Cochairman of the Commission shall \ntake such actions as may be necessary to carry out the amendment made \nby subsection (a).\n\nSEC. 5. GRANT EXPENDITURES.\n\n Section 14524(d) of title 40, United States Code, is amended by \nstriking ``50 percent'' and inserting ``60 percent''.\n\nSEC. 6. AREA DEVELOPMENT FUNDS FOR DISTRESSED COUNTIES.\n\n Section 14526(b) of title 40, United States Code, is amended--\n (1) by striking ``In program and'' and inserting the \n following:\n ``(1) In general.--In program and''; and\n (2) by adding at the end the following:\n ``(2) Area development funds.--\n ``(A) In general.--Of the funds made available for \n each fiscal year for the Area Development Program of \n the Commission, the Commission shall allocate not less \n than 60 percent for projects in counties for which a \n distressed county designation is in effect under this \n section.\n ``(B) Methodology.--The methodology for determining \n whether a county is designated as a distressed county \n under subsection (a)(1)(A) shall be the methodology in \n effect on the day before the date of enactment of the \n Appalachian Regional Commission Reform Act.\n ``(3) Report.--The Commission shall submit an annual report \n that describes the allocation of funds, in dollar amounts and \n percentage of total appropriations, for the Area Development \n Program to counties described in paragraph (2) to--\n ``(A) the Speaker of the House of Representatives;\n ``(B) the minority leader of the House of \n Representatives;\n ``(C) the majority leader of the Senate;\n ``(D) the minority leader of the Senate;\n ``(E) the Committee on Appropriations of the House \n of Representatives;\n ``(F) the Committee on Appropriations of the \n Senate;\n ``(G) the Committee on Transportation and \n Infrastructure of the House of Representatives; and\n ``(H) the Committee on Environment and Public Works \n of the Senate.''.","summary":"Appalachian Regional Commission Reform Act This bill declares that the mission of the Appalachian Regional Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty. The headquarters of the commission shall be located in that region. The bill increases from 50 to 60 the minimum amount of the grant expenditures approved by the commission that shall support activities or projects that benefit severely and persistently distressed counties and areas. The commission shall: (1) allocate at least 60 of the funds made available each fiscal year for its Area Development Program for projects in counties designated as distressed, and (2) submit an annual report on the allocation of program funds to such counties.","title":"Appalachian Regional Commission Reform Act","text_len":10354,"sum_len":806} {"bill_id":"107_hr4868","text":"SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSES.\n\n (a) Short Title.--This Act may be cited as the ``Minority National \nSecurity Scholarship Act of 2002''.\n (b) Findings.--The Congress makes the following findings:\n (1) The security of the United States will continue to \n depend on the ability of the United States to understand, \n shape, and react to political, economic, and social \n developments around the world.\n (2) Ethno-national conflicts continue to rage around the \n world, and such conflicts are often accompanied by the \n proliferation of weapons, human rights violations, economic and \n commercial decline, trafficking in women and children, the \n drafting of children into military service, and threats to \n American citizens and business interests.\n (3) International terrorist organizations like al-Qaeda \n have established footholds in a number of countries, including \n both allies and adversaries of the United States, and attempt \n to use such footholds as bases from which to launch terrorist \n attacks on the United States and American interests abroad.\n (4) The future national security and economic well-being of \n the United States will depend substantially on the ability of \n its citizens to understand, influence, and respond to ethno-\n national conflicts and the social and political factors that \n cause others to support international terrorist groups. \n American economic interests will also depend on the ability of \n U.S. citizens to communicate and compete by knowing the \n languages and cultures of other countries.\n (5) The Federal Government has an interest in ensuring that \n the employees of its departments and agencies with national \n security responsibilities are prepared to meet the challenges \n of this changing international environment.\n (6) The Federal Government also has an interest in taking \n actions to alleviate the problem of American undergraduate and \n graduate students being inadequately prepared to meet the \n challenges posed by increasing global interaction among \n nations.\n (7) American colleges and universities must place a new \n emphasis on improving the teaching of foreign languages, area \n studies, and other international fields, particularly of those \n far-flung regions and newly independent countries that have \n previously not been the focus of study in American institutions \n of higher learning, to help meet those challenges.\n (8) By virtue of their intimate understanding of foreign \n languages, cultures, and locations, members of minority groups \n have the potential to offer the Federal Government their \n insights into political, economic, and social developments \n abroad, and the Federal Government should take whatever steps \n are necessary to encourage members of minority groups to use \n their skills to promote United States national security by \n making a career in the foreign affairs, security, or \n intelligence agencies of the Federal Government. Furthermore, \n if the United States is to penetrate terrorist organizations \n like al-Qaeda or hostile adversaries of any kind in hopes of \n preventing future attacks on the United States or on American \n interests, the Federal Government must take full advantage of \n the diversity of the American citizenry.\n (c) Purposes.--The purposes of this Act are as follows:\n (1) To provide the necessary resources, accountability, and \n flexibility to meet the national security education needs of \n the United States.\n (2) To increase the quantity, diversity, and quality of the \n teaching and learning of subjects in the fields of foreign \n languages, area studies, and other international fields that \n are critical to the Nation's interest.\n (3) To produce an increased pool of applicants for work in \n the departments and agencies of the United States Government \n with responsibilities for issues affecting national security.\n (4) To expand, in conjunction with other Federal programs, \n the international experience, knowledge base, and perspectives \n on which the United States citizenry, Government employees, and \n leaders rely.\n (5) To provide enhanced opportunities for members of \n minority groups to serve their country and contribute to United \n States national security by contributing to the work of the \n foreign affairs, security, or intelligence agencies of the \n Federal Government.\n\nSEC. 2. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.\n\n (a) Program Required.--The Secretary of Education shall establish a \nprogram to--\n (1) award scholarships to minority undergraduate students \n who are United States citizens in order to enable such students \n to study, for at least one academic semester, in foreign \n countries that are critical countries (as determined under \n section 3(4)(A));\n (2) award fellowships to minority graduate students who--\n (A) are United States citizens to enable such \n students to pursue education in the United States in \n the disciplines of foreign languages, area studies, and \n other international fields that are critical areas of \n those disciplines (as determined under section \n 3(4)(B)); and\n (B) pursuant to subsection (d), enter into an \n agreement to work for an agency or office of the \n Federal Government or in the field of education in the \n area of study for which the fellowship was awarded; and\n (3) award grants to institutions of higher education to \n enable such institutions to establish, operate, or improve \n programs in foreign languages, area studies, and other \n international fields that are critical areas of those \n disciplines (as determined under section 3(4)(C)) and that will \n primarily serve students who are members of minority groups.\n (b) Funding Allocations.--Of the amounts available to carry out the \nprograms under subsection (a) for any fiscal year, the Secretary of \nEducation shall have a goal of allocating--\n (1) \\1\/3\\ of such amount for the awarding of scholarships \n pursuant to subsection (a)(1);\n (2) \\1\/3\\ of such amount for the awarding of fellowships \n pursuant to subsection (a)(2); and\n (3) \\1\/3\\ of such amount for the awarding of grants \n pursuant to subsection (a)(3).\n (c) Contract Authority.--The Secretary of Education may enter into \none or more contracts, with private national organizations having an \nexpertise in foreign languages, area studies, and other international \nfields, for the awarding of the scholarships, fellowships, and grants \ndescribed in subsection (a) in accordance with the provisions of this \nAct. The Secretary of Education may enter into such contracts without \nregard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any \nother provision of law that requires the use of competitive procedures.\n (d) Service Agreement.--In awarding a scholarship or fellowship \nunder the program, the Secretary of Education or contract organization \nreferred to in subsection (c), as the case may be, shall require a \nrecipient of any fellowship, or of scholarships that provide assistance \nfor periods that aggregate 12 months or more, to enter into an \nagreement that, in return for such assistance, the recipient--\n (1) will maintain satisfactory academic progress, as \n determined in accordance with regulations issued by the \n Secretary of Education, and agrees that failure to maintain \n such progress shall constitute grounds upon which the Secretary \n or contract organization referred to in subsection (c) may \n terminate such assistance;\n (2) will, upon completion of such recipient's baccalaureate \n degree or education under the program, as the case may be, and \n in accordance with regulations issued by the Secretary, work \n for the Federal Government or in the field of education in the \n area of study for which the scholarship or fellowship was \n awarded for a period specified by the Secretary, which period \n for the recipients of scholarships shall be no more than the \n same period for which scholarship assistance was provided and \n for the recipients of fellowships shall be not less than one \n and not more than three times the period for which the \n fellowship assistance was provided; and\n (3) if the recipient fails to meet either of the \n obligations set forth in paragraph (1) or (2), will reimburse \n the United States Government for the amount of the assistance \n provided the recipient under the program, together with \n interest at a rate determined in accordance with regulations \n issued by the Secretary.\n (e) Distribution of Assistance.--In selecting the recipients for \nawards of scholarships, fellowships, or grants pursuant to this Act, \nthe Secretary of Education or a contract organization referred to in \nsubsection (c), as the case may be, shall take into consideration:\n (1) the extent to which the selections will result in there \n being an equitable geographic distribution of such \n scholarships, fellowships, or grants (as the case may be) among \n the various regions of the United States, and\n (2) the extent to which the distribution of scholarships \n and fellowships to individuals reflects the cultural, racial, \n and ethnic diversity of the minority population of the United \n States.\n (f) Merit Review.--The Secretary of Education shall award \nscholarships, fellowships, and grants under the program based upon a \nmerit review process.\n\n SEC. 3. POLICY GUIDANCE.\n\n The Secretary of Education shall provide guidance regarding the \nimplementation of this Act by--\n (1) developing criteria for awarding scholarships, \n fellowships, and grants under this Act;\n (2) widely disseminating information regarding the \n activities assisted under this Act;\n (3) establishing qualifications for students desiring \n scholarships or fellowships, and institutions of higher \n education desiring grants, under this Act, including, in the \n case of students desiring a scholarship or fellowship, a \n requirement that the student have a demonstrated commitment to \n the study of the discipline for which the scholarship or \n fellowship is to be awarded;\n (4) making determinations regarding--\n (A) which countries are not emphasized in other \n United States study abroad programs, such as countries \n in which few United States minority students are \n studying, and are, therefore, critical countries for \n the purposes of section 2(a)(1);\n (B) which areas within the disciplines described in \n section 2(a)(2) are areas of study in which United \n States minority students are deficient in learning and \n are, therefore, critical areas within those disciplines \n for the purposes of that section;\n (C) which areas within the disciplines described in \n section 2(a)(3) are areas in which United States \n minority students, educators, and Government employees \n are deficient in learning and in which insubstantial \nnumbers of United States institutions of higher education serving \nprimarily minority students provide training and are, therefore, \ncritical areas within those disciplines for the purposes of that \nsection; and\n (D) how minority students desiring scholarships or \n fellowships can be encouraged to work for an agency or \n office of the Federal Government involved in national \n security affairs or national security policy upon \n completion of their education; and\n (5) review the administration of the program required under \n this Act.\n\nSEC. 4. ADMINISTRATIVE PROVISIONS\n\n (a) Acceptance and Use of Gifts.--In order to conduct the program \nrequired by this Act, the Secretary of Education may--\n (1) receive money and other property donated, bequeathed, \n or devised, without condition or restriction other than that it \n be used for the purpose of conducting the program required by \n this Act; and\n (2) may use, sell, or otherwise dispose of such property \n for that purpose.\n (b) Voluntary Services.--In order to conduct the program required \nby this Act, the Secretary of Education may accept and use the services \nof voluntary and noncompensated personnel.\n\n SEC. 5. ANNUAL REPORT.\n\n (a) Annual Report.--The Secretary of Education shall submit to the \nPresident and to the Congress an annual report of the conduct of the \nprogram required by this Act.\n (b) Contents of Report.--Each such report shall include the \nfollowing:\n (1) An analysis of the trends within language, \n international, and area studies, along with a survey of such \n areas as the Secretary determines are receiving inadequate \n attention.\n (2) An analysis of minority participation in language, \n international, and area studies.\n (3) The effect on those trends of activities under the \n program required by this Act.\n (4) An analysis of the assistance provided under the \n program for the previous fiscal year, to include the subject \n areas being addressed and the nature of the assistance \n provided.\n (5) An analysis of the performance of the individuals who \n received assistance under the program during the previous \n fiscal year, to include the degree to which assistance was \n terminated under the program and the extent to which individual \n recipients failed to meet their obligations under the program.\n (6) An analysis of the results of the program for the \n previous fiscal year, and cumulatively, to include, at a \n minimum--\n (A) the percentage of individuals who have received \n assistance under the program who subsequently became \n employees of the United States Government;\n (B) in the case of individuals who did not \n subsequently become employees of the United States \n Government, an analysis of the reasons why they did not \n become employees and an explanation as to what use, if \n any, was made of the assistance by those recipients; \n and\n (C) the uses made of grants to educational \n institutions.\n (7) Any legislative changes recommended by the Secretary to \n facilitate the administration of the program or otherwise to \n enhance its objectives.\n (c) Submission of Initial Report.--The first report under this \nsection shall be submitted at the time the budget for fiscal year 2005 \nis submitted to Congress.\n\nSEC. 6. GENERAL ACCOUNTING OFFICE AUDITS.\n\n The conduct of the program required by this Act may be audited by \nthe General Accounting Office under such rules and regulations as may \nbe prescribed by the Comptroller General of the United States. \nRepresentatives of the General Accounting Office shall have access to \nall books, accounts, records, reports, and files and all other papers, \nthings, or property of the Department of Education pertaining to such \nactivities and necessary to facilitate the audit.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Authorization.--There are authorized to be appropriated to \ncarry out this Act--\n (1) $10,000,000 for each of the fiscal years 2003 through \n 2007; and\n (2) $12,000,000 for each fiscal year thereafter.\n (b) Carry-Over of Funds Permitted.--Funds appropriated pursuant to \nsubsection (a) are authorized to remain available until expended.\n\nSEC. 8. DEFINITION OF ELIGIBLE MINORITY.\n\n For the purpose of this Act, the term ``minority'' means an \nindividual who is a member of any of the following groups:\n (1) American Indian or Alaska Native.\n (2) Asian (to include individuals of East Asian, South \n Asian, and Central Asian descent).\n (3) Arab.\n (4) African American.\n (5) Native Hawaiian or other Pacific Islander.\n (6) Hispanic or Latino.","summary":"Minority National Security Scholarship Act of 2002 - Directs the Secretary of Education to establish a program for awarding: (1) scholarships to minority American undergraduates to enable them to study, for at least one academic semester, in critical countries in which few minority students are studying. (2) fellowships to enable minority American graduate students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields, and to enter into an agreement to work for a Federal agency or office in the field studied. And (3) grants to enable institutions of higher education to establish, operate, or improve programs in foreign languages, area studies, and other international fields in which minority students, educators, and Government employees are deficient in learning. Requires a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to maintain satisfactory academic progress and to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary. Requires any recipient failing to meet those requirements to reimburse the United States for the amount of assistance provided under the program, with interest.","title":"To make the diversity of the American people a resource to promote national security.","text_len":17317,"sum_len":1358} {"bill_id":"110_hr5448","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Full Faith in Veterans Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Men and women who serve in the Armed Forces make great \n sacrifices for the Nation and for freedom.\n (2) The Nation takes great pride in the integrity of \n members of the Armed Forces and places full faith and \n confidence in these men and women serving in the Armed Forces.\n (3) The Nation should extend such full faith to the \n integrity of those men and women when they make claims for \n disability compensation related to their service.\n (4) In the spirit of the Armed Forces' pledge never to \n leave a man behind, the Nation should never leave a veteran \n behind.\n (5) Military service is inherently dangerous and stressful \n whether during peacetime or during war.\n (6) Post-traumatic stress disorder (referred to in this \n section as ``PTSD'') is a debilitating mental health condition \n linked to military service that the Secretary of Veterans \n Affairs should make every effort to diagnose and effectively \n treat.\n (7) It is recognized in the medical community that PTSD can \n onset at anytime after a traumatic event, and the course of the \n disorder can contain periods of both relapse and remission.\n (8) Denial by the Secretary of Veterans Affairs of claims \n for disability compensation for PTSD due to incomplete military \n records does a disservice to those who have honorably served \n the country.\n (9) Military records that would validate such claims may \n have been lost due to no fault of the veteran.\n (10) Due to the dangerous and fast-paced environment in \n which the members of the Armed Forces operate, not every \n significant and possibly traumatic incident in the life and \n service of each member is chronicled accurately or completely.\n (11) Evaluations for disability compensation for PTSD often \n place veterans under the additional hardship of reliving \n traumatic events by describing them to unfamiliar medical \n professionals.\n (12) According to the Institute of Medicine and \n representatives of certain veterans' service organizations, \n evaluations for pension and disability compensation for PTSD \n are sometimes completed in as little as 20 minutes, despite \n recommendations of the mental health community that evaluations \n should take place over a period of one hour or more.\n (13) The Veterans' Disability Benefits Commission, \n established pursuant to title XV of the National Defense \n Authorization Act for Fiscal Year 2004, issued recommendations \n to improve the care, compensation, and treatment of veterans \n diagnosed with PTSD, including updating the schedule for rating \n disabilities under section 1155 of title 38, United States \n Code, establishing new criteria for the diagnosis and treatment \n of PTSD, and using a holistic approach to treat veterans with \n PTSD that incorporates treatment, compensation, and vocational \n assessment.\n\nSEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC \n STRESS DISORDER.\n\n (a) Standard of Proof.--Section 1154 of title 38, United States \nCode, is amended by adding at the end the following new subsection:\n ``(c) The Secretary shall accept as sufficient proof of service-\nconnection of post-traumatic stress disorder alleged to have been \nincurred in or aggravated by service in the active military, naval, or \nair service a diagnosis of post-traumatic stress disorder by a mental \nhealth professional together with a written determination by the \nprofessional that such disorder is related to the veteran's service, if \nconsistent with the circumstances, conditions, or hardships of such \nservice, notwithstanding the fact that there is no official record of \nsuch incurrence or aggravation in such service, and, to that end, shall \nresolve every reasonable doubt in favor of the veteran. Service-\nconnection of post-traumatic stress disorder may be rebutted by clear \nand convincing evidence to the contrary. In the case of such a \nrebuttal, the Secretary shall make all documents related to the \nservice-connection of the veteran's disability available to the \nveteran.''.\n (b) Applicability.--Subsection (c) of section 1154 of title 38, \nUnited States Code, shall apply with respect to any claim for \ndisability compensation under laws administered by the Secretary of \nVeterans Affairs for which no final decision has been made before the \ndate of the enactment of this Act.\n\nSEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF \n CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER.\n\n (a) Certification and Training for Certain Employees.--\n (1) Certification program.--\n (A) Certification required.--The Secretary of \n Veterans Affairs shall require covered employees to \n successfully complete a certification program \n established by the Secretary. Such program shall \n include a periodic recertification requirement.\n (B) Covered employees.--For the purposes of this \n paragraph, a ``covered employee'' is an employee of the \n Department of Veterans Affairs who is responsible for \n rating disabilities, evaluating claims for disability \n compensation for post-traumatic stress disorder, or \n adjudicating disability compensation ratings.\n (C) Program requirements.--The certification \n program under subparagraph (A) shall--\n (i) provide specialized training on the \n psychological and medical issues (including \n comorbidities) that characterize individuals \n with post-traumatic stress disorder and give \n guidance on how to appropriately manage \n commonly encountered problems in evaluating and \n rating such disorder; and\n (ii) incorporate the recommendations \n contained in the Best Practice Manual for Post-\n Traumatic Stress Disorder (PTSD) Compensation \n and Pension Examinations issued by the National \n Center for Post-Traumatic Stress Disorder of \n the Department of Veterans Affairs.\n (D) Review of requirements.--The Secretary shall \n regularly review and update the requirements for \n successfully completing the certification program under \n subparagraph (A) to take into consideration medical \n advances and to reflect lessons learned.\n (2) Training program.--The Secretary of Veterans Affairs \n shall provide training to support the certification program \n required under paragraph (1).\n (b) Audits of Examinations.--The Secretary of Veterans Affairs \nshall conduct audits of the examinations conducted by employees of the \nDepartment of Veterans Affairs of veterans who submit claims for \ndisability compensation for post-traumatic stress disorder to ensure \nthat such employees are taking sufficient time necessary to diagnose \nand accurately rate the disorder.\n (c) Update of Schedule for Rating Disabilities.--Not later than 90 \ndays after the date of the enactment of this Act, the Secretary of \nVeterans Affairs shall begin updating the schedule for rating \ndisabilities under section 1155 of title 38, United States Code. The \nSecretary shall begin by updating the schedule with respect to post-\ntraumatic stress disorder, traumatic brain injury, and other mental \ndisorders. The Secretary shall complete such update not later than five \nyears after the date of the enactment of this Act.\n (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary \nof Veterans Affairs shall implement the criteria of the Diagnostic and \nStatistical Manual of Mental Disorders, 4th Edition, specific to post-\ntraumatic stress disorder and use such criteria for the purpose of \nrating post-traumatic stress disorder pursuant to the schedule for \nrating disabilities under section 1155 of title 38, United States Code.\n (e) Holistic Approach Required.--The Secretary of Veterans Affairs \nshall implement a holistic approach for providing treatment for \nveterans with post-traumatic stress disorder. Such approach shall \ncombine treatment for post-traumatic stress disorder, compensation, and \nvocational assessment.\n (f) Treatment of Mental Health Records.--The Secretary of Veterans \nAffairs shall require an employee of the Department of Veterans Affairs \nwho is responsible for adjudicating disability compensation ratings, in \ndeveloping evidence for a claim for disability compensation to take \ninto consideration the following:\n (1) In the case of a veteran who has visited a center for \n the provision of readjustment counseling and related mental \n health services under section 1712A of title 38, United States \n Code, any treatment records of the veteran from that center.\n (2) In the case of a veteran who has received mental health \n services from a mental health professional, any written opinion \n of that mental health professional submitted to the Department \n by the veteran.\n (g) Consideration of Certain Materials.--In carrying out \nsubsections (c), (d), and (e), the Secretary of Veterans Affairs shall \nconsider materials on post-traumatic stress disorder and mental health \nprovided by the National Center on Post-Traumatic Stress Disorder of \nthe Department of Veterans Affairs and the Institute of Medicine.\n (h) Employee.--For purposes of this section, the term ``employee of \nthe Department of Veterans Affairs'' includes an employee of any entity \nwith which the Secretary of Veterans Affairs has entered into a \ncontract for the provision of conducting examinations or rating \ndisabilities for purposes of determining the amount of disability \ncompensation to be provided to a veteran under laws administered by the \nSecretary.\n\nSEC. 5. REPORT TO CONGRESS.\n\n Not later than two years after the date of the enactment of this \nAct, the Secretary of Veterans Affairs shall submit to Congress a \nreport on the implementation of this Act and the amendments made by \nthis Act. Such report shall include any evidence of fraud or abuse \nrelating to any provision of this Act or amendment made by this Act.","summary":"Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary. Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD. (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders, (3) implement new PTSD criteria, (4) implement a holistic treatment approach for veterans with PTSD. And (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.","title":"To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with post-traumatic stress disorder, to improve the diagnosis and treatment of post-traumatic stress disorder by the Secretary of Veterans Affairs, and for other purposes.","text_len":11008,"sum_len":1612} {"bill_id":"108_hr1722","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Rental Housing Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) There is a pressing and increasing need for rental \n housing for rural families and senior citizens, as evidenced by \n the fact that--\n (A) two-thirds of extremely low-income and very \n low-income rural households do not have access to \n affordable rental housing units;\n (B) more than 900,000 rural rental households (10.4 \n percent) live in either severely or moderately \n inadequate housing; and\n (C) substandard housing is a problem for 547,000 \n rural renters, and approximately 165,000 rural rental \n units are overcrowded.\n (2) Many rural United States households live with serious \n housing problems, including a lack of basic water and \n wastewater services, structural insufficiencies, and \n overcrowding, as shown by the fact that--\n (A) 28 percent, or 10,400,000, rural households in \n the United States live with some kind of serious \n housing problem;\n (B) approximately 1,000,000 rural renters have \n multiple housing problems; and\n (C) an estimated 2,600,000 rural households live in \n substandard housing with severe structural damage or \n without indoor plumbing, heat, or electricity.\n (3) In rural America--\n (A) one-third of all renters pay more than 30 \n percent of their income for housing;\n (B) 20 percent of rural renters pay more than 50 \n percent of their income for housing; and\n (C) 92 percent of all rural renters with \n significant housing problems pay more than 50 percent \n of their income for housing costs, and 60 percent pay \n more than 70 percent of their income for housing.\n (4) Rural economies are often less diverse, and therefore, \n jobs and economic opportunity are limited because--\n (A) factors that exist in rural environments, such \n as remoteness and low population density, lead to \n limited access to many forces driving the economy, such \n as technology, lending, and investment; and\n (B) local expertise is often limited in rural areas \n where the economies are focused on farming or natural \n resource-based industries.\n (5) Rural areas have less access to credit than \n metropolitan areas since--\n (A) banks and other investors that look for larger \n projects with lower risk seek metropolitan areas for \n loans and investment;\n (B) credit that is available is often insufficient, \n leading to the need for interim or bridge financing; \n and\n (C) credit in rural areas is often more expensive \n and available at less favorable terms than in \n metropolitan areas.\n (6) The Federal Government investment in rural rental \n housing has dropped during the last 10 years, as evidenced by \n the fact that--\n (A) Federal spending for rural rental housing has \n been cut by 73 percent since 1994; and\n (B) rural rental housing unit production financed \n by the Federal Government has been reduced by 88 \n percent since 1990.\n (7) To address the scarcity of rural rental housing, the \n Federal Government must work in partnership with State and \n local governments, private financial institutions, private \n philanthropic institutions, and the private sector, including \n nonprofit organizations.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Eligible project.--The term ``eligible project'' means \n a project for the acquisition, rehabilitation, or construction \n of rental housing and related facilities in an eligible rural \n area for occupancy by low-income families.\n (2) Eligible rural area.--The term ``eligible rural area'' \n means a rural area with a population of not more than 25,000, \n as determined by the most recent decennial census of the United \n States, and that is located outside an urbanized area.\n (3) Eligible sponsor.--The term ``eligible sponsor'' means \n a public agency, an Indian tribe, a for-profit corporation, or \n a private nonprofit corporation--\n (A) a purpose of which is planning, developing, or \n managing housing or community development projects in \n rural areas; and\n (B) that has a record of accomplishment in housing \n or community development and meets other criteria \n established by the Secretary by regulation.\n (4) Low-income families.--The term ``low-income families'' \n has the meaning given the term in section 3(b) of the United \nStates Housing Act of 1937 (42 U.S.C. 1437a(b)).\n (5) Qualified intermediary.--The term ``qualified \n intermediary'' means a State, a State agency designated by the \n Governor of the State, a public instrumentality of the State, a \n private nonprofit community development corporation, a \n nonprofit housing corporation, a community development loan \n fund, or a community development credit union, that--\n (A) has a record of providing technical and \n financial assistance for housing and community \n development activities in rural areas; and\n (B) has a demonstrated technical and financial \n capacity to administer assistance made available under \n this Act.\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (7) State.--The term ``State'' means each of the several \n States of the United States, the Commonwealth of Puerto Rico, \n the District of Columbia, the Commonwealth of the Northern \n Mariana Islands, Guam, the Virgin Islands, American Samoa, the \n Trust Territories of the Pacific, and any other possession of \n the United States.\n\nSEC. 4. RURAL RENTAL HOUSING ASSISTANCE.\n\n (a) In General.--The Secretary may, directly or through 1 or more \nqualified intermediaries in accordance with section 5, make assistance \navailable to eligible sponsors in the form of loans, grants, interest \nsubsidies, annuities, and other forms of financing assistance, to \nfinance the eligible projects.\n (b) Applications.--\n (1) In general.--To be eligible to receive assistance under \n this section, an eligible sponsor shall submit to the \n Secretary, or a qualified intermediary, an application in such \n form and containing such information as the Secretary shall \n require by regulation.\n (2) Affordability restriction.--Each application under this \n subsection shall include a certification by the applicant that \n the housing to be acquired, rehabilitated, or constructed with \n assistance under this section will remain affordable for low-\n income families for not less than 30 years.\n (c) Priority for Assistance.--In selecting among applicants for \nassistance under this section, the Secretary, or a qualified \nintermediary, shall give priority to providing assistance to eligible \nprojects--\n (1) for very low-income families (as defined in section \n 3(b) of the United States Housing Act of 1937 (42 U.S.C. \n 1437a(b)); and\n (2) in low-income communities or in communities with a \n severe lack of affordable rental housing, in eligible rural \n areas, as determined by the Secretary; or\n (3) if the applications are submitted by public agencies, \n Indian tribes, private nonprofit corporations or limited \n dividend corporations in which the general partner is a non-\n profit entity whose principal purposes include planning, \n developing and managing low-income housing and community \n development projects.\n (d) Allocation of Assistance.--\n (1) In general.--In carrying out this section, the \n Secretary shall allocate assistance among the States, taking \n into account the incidence of rural substandard housing and \n rural poverty in each State and the share of that State of the \n national total of such incidence.\n (2) Small state minimum.--In making an allocation under \n paragraph (1), the Secretary shall provide each state an amount \n not less than $2,000,000.\n (e) Limitations on Amount of Assistance.--\n (1) In general.--Except as provided in paragraph (2), \n assistance made available under this Act may not exceed 50 \n percent of the total cost of the eligible project.\n (2) Exception.--Assistance authorized under this Act shall \n not exceed 75 percent of the total cost of the eligible \n project, if the project is for the acquisition, rehabilitation, \n or construction of not more than 20 rental housing units for \n use by very low-income families.\n\nSEC. 5. DELEGATION OF AUTHORITY.\n\n (a) In General.--The Secretary may delegate authority for \ndistribution of assistance--\n (1) to one or more qualified intermediaries in the State; \n and\n (2) for a period of not more than 3 years, at which time \n that delegation of authority shall be subject to renewal, in \n the discretion of the Secretary, for 1 or more additional \n periods of not more than 3 years.\n (b) Solicitation.--\n (1) In general.--The Secretary may, in the discretion of \n the Secretary, solicit applications from qualified \n intermediaries for a delegation of authority under this \n section.\n (2) Contents of application.--Each application under this \n subsection shall include--\n (A) a certification that the applicant will--\n (i) provide matching funds from sources \n other than this Act in an amount that is not \n less than the amount of assistance provided to \n the applicant under this section; and\n (ii) distribute assistance to eligible \n sponsors in the State in accordance with \n section 4; and\n (B) a description of--\n (i) the State or the area within a State to \n be served;\n (ii) the incidence of poverty and \n substandard housing in the State or area to be \n served;\n (iii) the technical and financial \n qualifications of the applicant; and\n (iv) the assistance sought and a proposed \n plan for the distribution of such assistance in \n accordance with section 4.\n (3) Multistate applications.--The Secretary may, in the \n discretion of the Secretary, seek application by qualified \n intermediaries for more than 1 State.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act \n$250,000,000 for each of fiscal years 2004 through 2008.","summary":"Rural Rental Housing Act of 2003 - Authorizes the Secretary of Agriculture to provide rural rental assistance, with applicant priority given to very low-income families, low-income communities, rural areas, and communities with severe lack of affordable rental housing.","title":"To promote the development of affordable, quality rental housing in rural areas for low-income households.","text_len":12037,"sum_len":269} {"bill_id":"114_hr1801","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Promoting Financial Literacy and \nEconomic Opportunity Act of 2015''.\n\nSEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE \n ECONOMIC AND FINANCIAL LITERACY.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45S. EXCELLENCE IN ECONOMIC EDUCATION.\n\n ``(a) General Rule.--In the case of an eligible for profit \norganization, for purposes of section 38, the excellence in economic \neducation credit determined under this section for a taxable year is 50 \npercent of the amount paid or incurred during the taxable year to carry \nout the purposes specified in section 5533(b) of the Elementary and \nSecondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a \nqualified program.\n ``(b) Limitation on Number of Credit Recipients.--\n ``(1) In general.--The excellence in economic education \n credit determined under this section for a taxable year may be \n allowed to not more than 20 for profit organizations in \n accordance with paragraph (2).\n ``(2) Credit award by secretary.--\n ``(A) In general.--The Secretary (in consultation \n with the Secretary of Education) shall determine which \n for profit organizations are allowed the credit under \n this section for a taxable year in such manner as the \n Secretary determines appropriate.\n ``(B) Majority of recipients must be mwosbs, owned \n by veterans, or meet asset test.--In carrying out \n subparagraph (A), the majority of the taxpayers allowed \n a credit under paragraph (1) for a taxable year shall \n be entities that are--\n ``(i) either--\n ``(I) a socially and economically \n disadvantaged small business concern \n (as defined in section 8(a)(4)(A) of \n the Small Business Act (15 U.S.C. \n 637(a)(4)(A))),\n ``(II) a small business concern \n owned and controlled by women (as \n defined under section 3(n) of such Act \n (15 U.S.C. 632(n))), or\n ``(III) a small business concern \n (as so defined) that is at least 51 \n percent owned by veterans (as defined \n in section 101(2), United States Code), \n or\n ``(ii) on the first day of the taxable year \n do not have more than $60,000,000,000 in \n assets.\n ``(C) Priority.--In making determinations under \n this paragraph, the Secretary shall give priority to \n taxpayers that have qualified programs which serve \n either urban or rural underserved areas (determined on \n the basis of the most recent United States census data \n available).\n ``(c) Limitations Relating to Expenditures.--\n ``(1) Direct activity.--25 percent of the amount allowed as \n a credit under subsection (a) shall be for amounts paid or \n incurred for direct activities (as defined in section \n 5533(b)(1) of the Elementary and Secondary Education Act of \n 1965 (20 U.S.C. 7267b(b)(1))).\n ``(2) Subgrants.--75 percent of the amount allowed as a \n credit under subsection (a) shall be for amounts paid or \n incurred for subgrants (as defined in section 5533(b)(2) of the \n Elementary and Secondary Education Act of 1965 (20 U.S.C. \n 7267b(b)(1))), determined by treating amounts so paid or \n incurred as funds made available through a grant.\n ``(d) Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Qualified program.--The term `qualified program' \n means a program in writing under which an eligible for profit \n organization awards one or more grants for the purpose of \n carrying out the objectives of promoting economic and financial \n literacy, as specified in section 5532 of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet \n the requirements of section 5533b of the Elementary and \n Secondary Education Act of 1965 (20 U.S.C. 7267b).\n ``(2) Eligible for profit organization.--The term `eligible \n for profit organization' means with respect to a taxable year, \n an organization that--\n ``(A) has a qualified program in effect for the \n taxable year, and\n ``(B) has been determined by the Secretary under \n subsection (b)(2) to be an organization to whom the \n credit is allowed for the taxable year.\n ``(3) Determination of assets.--For purposes of paragraph \n (2)(B), in determining assets, the Secretary shall use the same \n method used by the Board of Governors of the Federal Reserve \n System to determine a bank holding company's consolidated \n assets under section 165 of the Financial Stability Act of 2010 \n (12 U.S.C. 5365).\n ``(4) Election not to claim credit.--This section shall not \n apply to a taxpayer for any taxable year if such taxpayer \n elects to have this section not apply for such taxable year.\n ``(5) Coordination with other deductions or credits.--The \n amount of any deduction or credit otherwise allowable under \n this chapter for any amount taken into account for purposes of \n subsection (a) shall be reduced by the credit allowed by this \n section.\n ``(e) Regulations.--The Secretary shall issue such regulations or \nother guidance as may be necessary or appropriate to carry out this \nsection.''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of the Internal Revenue Code of 1986 is amended by striking \n``plus'' at the end of paragraph (35), by striking the period at the \nend of paragraph (36) and inserting ``, plus'', and by adding at the \nend the following new paragraph:\n ``(37) the excellence in economic education credit \n determined under section 45S(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n``Sec. 45S. Excellence in economic education.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","summary":"Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50 of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51 owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas.","title":"Promoting Financial Literacy and Economic Opportunity Act of 2015","text_len":7160,"sum_len":931} {"bill_id":"110_hr6445","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Health Care Policy \nEnhancement Act of 2008''.\n\nSEC. 2. PROHIBITION ON COLLECTION OF CERTAIN COPAYMENTS FROM VETERANS \n WHO ARE CATASTROPHICALLY DISABLED.\n\n (a) Prohibition on Collection of Copayments and Other Fees for \nHospital or Nursing Home Care.--Section 1710 of title 38, United States \nCode, is amended--\n (1) by redesignating subsection (h) as subsection (i); and\n (2) by inserting after subsection (g) the following new \n subsection (h):\n ``(h) Notwithstanding any other provision of this section, a \nveteran who is catastrophically disabled shall not be required to make \nany payment otherwise required under subsection (f) or (g) for the \nreceipt of hospital care or nursing home care under this section.''.\n (b) Effective Date.--Subsection (h) of section 1710 of title 38, \nUnited States Code, as added by subsection (a), shall apply with \nrespect to hospital care or nursing home care provided after the date \nof the enactment of this Act.\n\nSEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO \n PROVIDE COUNSELING FOR FAMILY MEMBERS OF VETERANS \n RECEIVING NONSERVICE-CONNECTED TREATMENT.\n\n Section 1782(b) of title 38, United States Code, is amended by \nstriking ``if--'' and all that follows and inserting a period.\n\nSEC. 4. COMPREHENSIVE POLICY ON PAIN MANAGEMENT.\n\n (a) Comprehensive Policy Required.--Not later than October 1, 2008, \nthe Secretary of Veterans Affairs shall develop and implement a \ncomprehensive policy on the management of pain experienced by veterans \nenrolled for health care services provided by the Department of \nVeterans Affairs.\n (b) Scope of Policy.--The policy required by subsection (a) shall \ncover each of the following:\n (1) The systemwide management of acute and chronic pain \n experienced by veterans.\n (2) The standard of care for pain management to be used \n throughout the Department.\n (3) The consistent application of pain assessments to be \n used throughout the Department.\n (4) The assurance of prompt and appropriate pain care \n treatment and management by the Department, systemwide, when \n medically necessary.\n (5) The Department's program of research related to acute \n and chronic pain suffered by veterans, including pain \n attributable to central and peripheral nervous system damage \n characteristic of injuries incurred in modern warfare.\n (6) The Department's program of pain care education and \n training for health care personnel of the Department.\n (7) The Department's program of patient education for \n veterans suffering from acute or chronic pain and their \n families.\n (c) Updates.--The Secretary shall revise the policy developed under \nsubsection (a) on a periodic basis in accordance with experience and \nevolving best practice guidelines.\n (d) Consultation.--The Secretary shall develop the policy developed \nunder subsection (a), and revise such policy under subsection (c), in \nconsultation with veterans service organizations and organizations with \nexpertise in the assessment, diagnosis, treatment, and management of \npain.\n (e) Annual Report.--\n (1) In general.--Not later than 180 days after the date of \n the completion and initial implementation of the policy under \n subsection (a) and on October 1 of every fiscal year thereafter \n through fiscal year 2018, the Secretary shall submit to the \n Committee on Veterans' Affairs of the Senate and the Committee \n on Veterans' Affairs of the House of Representatives a report \n on the implementation of the policy developed under subsection \n (a).\n (2) Contents.--The report required by paragraph (1) shall \n include the following:\n (A) A description of the policy developed and \n implemented under subsection (a) and any revisions to \n such policy under subsection (c).\n (B) A description of the performance measures used \n to determine the effectiveness of such policy in \n improving pain care for veterans systemwide.\n (C) An assessment of the adequacy of the \n Department's pain management services based on a survey \n of patients managed in Department clinics.\n (D) An assessment of the Department's research \n programs relevant to the treatment of the types of \n acute and chronic pain suffered by veterans.\n (E) An assessment of the training provided to \n Department health care personnel with respect to the \n diagnosis, treatment, and management of acute and \n chronic pain.\n (F) An assessment of the Department's pain care-\n related patient education programs.\n (f) Veterans Service Organization Defined.--In this section, the \nterm ``veterans service organization'' means any organization \nrecognized by the Secretary for the representation of veterans under \nsection 5902 of title 38, United States Code.\n\nSEC. 5. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS.\n\n (a) Establishment of Centers.--Chapter 17 of title 38, United \nStates Code, is amended by inserting after section 1729A the following:\n``Sec. 1729B. Consolidated patient accounting centers\n ``(a) In General.--Not later than 5 years after the date of \nenactment of this section, the Secretary of Veterans Affairs shall \nestablish not more than seven consolidated patient accounting centers \nfor conducting industry-modeled regionalized billing and collection \nactivities of the Department.\n ``(b) Functions.--The centers shall carry out the following \nfunctions:\n ``(1) Reengineer and integrate all business processes of \n the revenue cycle of the Department.\n ``(2) Standardize and coordinate all activities of the \n Department related to the revenue cycle for all health care \n services furnished to veterans for nonservice-connected medical \n conditions.\n ``(3) Apply commercial industry standards for measures of \n access, timeliness, and performance metrics with respect to \n revenue enhancement of the Department.\n ``(4) Apply other requirements with respect to such revenue \n cycle improvement as the Secretary may specify.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1729A the following:\n\n``1729B. Consolidated patient accounting centers.''.\n\nSEC. 6. SIMPLIFYING AND UPDATING NATIONAL STANDARDS TO ENCOURAGE \n TESTING OF THE HUMAN IMMUNODEFICIENCY VIRUS.\n\n Section 124 of the Veterans' Benefits and Services Act of 1988 (38 \nU.S.C. 7333 note; 102 Stat. 505) and\n\n\n \n\nthe item relating to such section in the table of contents of such Act \n(102 Stat. 487) are repealed.\n\n Passed the House of Representatives July 30, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Veterans' Health Care Policy Enhancement Act of 2008 - Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans. Repeals a current requirement that, in order for a family member of a non-service-connected disabled veteran to be eligible for counseling services, the counseling must be essential to permit the discharge of the veteran from the hospital. Directs the Secretary of Veterans Affairs to: (1) develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for VA health care services, (2) periodically revise the policy. And (3) report annually through FY2018 to the congressional veterans' committees on policy implementation. Requires the Secretary, within five years after the enactment of this Act, to establish up to seven consolidated patient accounting centers for conducting industry-modeled regionalized VA billing and collection activities. Repeals a provision of the Veterans' Benefits and Services Act of 1988 requiring written informed consent for HIV testing among veterans.","title":"To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from collecting certain copayments from veterans who are catastrophically disabled, and for other purposes.","text_len":7466,"sum_len":1162} {"bill_id":"103_hr4018","text":"SECTION 1. SHORT TITLE.\n\n This title may be cited as the ``Habeas Corpus Revision Act of \n1994''.\n\nSEC. 2. STATUTE OF LIMITATIONS.\n\n Section 2254 of title 28, United States Code, is amended by adding \nat the end the following:\n ``(g)(1) In the case of an applicant under sentence of death, any \napplication for habeas corpus relief under this section must be filed \nin the appropriate district court not later than 1 year after--\n ``(A) the date of denial of a writ of certiorari, if a \n petition for a writ of certiorari to the highest court of the \n State on direct appeal or unitary review of the conviction and \n sentence is filed, within the time limits established by law, \n in the Supreme Court;\n ``(B) the date of issuance of the mandate of the highest \n court of the State on direct appeal or unitary review of the \n conviction and sentence, if a petition for a writ of certiorari \n is not filed, within the time limits established by law, in the \n Supreme Court; or\n ``(C) the date of issuance of the mandate of the Supreme \n Court, if on a petition for a writ of certiorari the Supreme \n Court grants the writ and disposes of the case in a manner that \n leaves the capital sentence undisturbed.\n ``(2) The time requirements established by this section shall be \ntolled--\n ``(A) during any period in which the State has failed to \n provide counsel as required in section 2257 of this chapter;\n ``(B) during the period from the date the applicant files \n an application for State postconviction relief until final \n disposition of the application by the State appellate courts, \n if all filing deadlines are met; and\n ``(C) during an additional period not to exceed 90 days, if \n counsel moves for an extension in the district court that would \n have jurisdiction of a habeas corpus application and makes a \n showing of good cause.''.\n\nSEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.\n\n Section 2251 of title 28, United States Code, is amended--\n (1) by inserting ``(a)(1)'' before the first paragraph;\n (2) by inserting ``(2)'' before the second paragraph; and\n (3) by adding at the end the following:\n ``(b) In the case of an individual under sentence of death, a \nwarrant or order setting an execution shall be stayed upon application \nto any court that would have jurisdiction over an application for \nhabeas corpus under this chapter. The stay shall be contingent upon \nreasonable diligence by the individual in pursuing relief with respect \nto such sentence and shall expire if--\n ``(1) the individual fails to apply for relief under this \n chapter within the time requirements established by section \n 2254(g) of this chapter;\n ``(2) upon completion of district court and court of \n appeals review under section 2254 of this chapter, the \n application is denied and--\n ``(A) the time for filing a petition for a writ of \n certiorari expires before a petition is filed;\n ``(B) a timely petition for a writ of certiorari is \n filed and the Supreme Court denies the petition; or\n ``(C) a timely petition for certiorari is filed \n and, upon consideration of the case, the Supreme Court \n disposes of it in a manner that leaves the capital \n sentence undisturbed; or\n ``(3) before a court of competent jurisdiction, in the \n presence of counsel qualified under section 2257 of this \n chapter and after being advised of the consequences of the \n decision, an individual waives the right to pursue relief under \n this chapter.''.\n\nSEC. 4. LAW APPLICABLE.\n\n (a) In General.--Chapter 153 of title 28, United States Code, is \namended by adding at the end the following:\n``Sec. 2256. Law applicable\n ``(a) Except as provided in subsection (b), in an action under this \nchapter, the court shall not apply a new rule.\n ``(b) A court shall apply a new rule, if the new rule--\n ``(1) places the claimant's conduct beyond the power of the \n criminal law-making authority to proscribe or punish with the \n sanction imposed; or\n ``(2) requires the observance of procedures without which \n the likelihood of an accurate conviction or valid capital \n sentence is seriously diminished.\n ``(c) As used in this section, the term `new rule' means a clear \nbreak from precedent, announced by the Supreme Court of the United \nStates, that could not reasonably have been anticipated at the time the \nclaimant's sentence became final in State court. A rule is not `new' \nmerely because it was not dictated or compelled by the precedents \nexisting at that time or because, at that time, it was susceptible to \ndebate among reasonable minds.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 153 of title 28, United States Code, is amended by adding at \nthe end the following:\n\n``2256. Law applicable.''.\n\nSEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.\n\n (a) In General.--Chapter 153 of title 28, United States Code, is \namended by adding after the provision added by section 804 of this \nsubtitle the following:\n``Sec. 2257. Counsel in capital cases; State court\n ``(a) Notwithstanding section 2254(d) of this chapter, the court in \nan action under this chapter shall neither presume a finding of fact \nmade in a State court proceeding specified in subsection (b)(1) of this \nsection to be correct nor decline to consider a claim on the ground \nthat it was not raised in such a proceeding at the time or in the \nmanner prescribed by State law, unless--\n ``(1) the relevant State maintains a mechanism for \n providing legal services to indigents in capital cases that \n meets the specifications in subsection (b) of this section;\n ``(2) if the applicant in the instant case was eligible for \n the appointment of counsel and did not waive such an \n appointment, the State actually appointed an attorney or \n attorneys to represent the applicant in the State proceeding in \n which the finding of fact was made or the default occurred; and\n ``(3) the attorney or attorneys so appointed substantially \n met both the qualification standards specified in subsection \n (b)(3)(A) or (b)(4) of this section and the performance \n standards established by the appointing authority.\n ``(b) A mechanism for providing legal services to indigents within \nthe meaning of subsection (a)(1) of this section shall include the \nfollowing elements:\n ``(1) The State shall provide legal services to--\n ``(A) indigents charged with offenses for which \n capital punishment is sought;\n ``(B) indigents who have been sentenced to death \n and who seek appellate, collateral, or unitary review \n in State court; and\n ``(C) indigents who have been sentenced to death \n and who seek certiorari review of State court judgments \n in the United States Supreme Court.\n ``(2) The State shall establish a counsel authority, which \n shall be--\n ``(A) a statewide defender organization;\n ``(B) a resource center; or\n ``(C) a counsel authority appointed by the highest \n State court having jurisdiction over criminal matters, \n consisting of members of the bar with substantial \n experience in, or commitment to, the representation of \n criminal defendants in capital cases, and comprised of \n a balanced representation from each segment of the \n State's criminal defense bar.\n ``(3) The counsel authority shall--\n ``(A) publish a roster of attorneys qualified to be \n appointed in capital cases, procedures by which \n attorneys are appointed, and standards governing \n qualifications and performance of counsel, which shall \n include--\n ``(i) knowledge and understanding of \n pertinent legal authorities regarding issues in \n capital cases; and\n ``(ii) skills in the conduct of \n negotiations and litigation in capital cases, \n the investigation of capital cases and the \n psychiatric history and current condition of \n capital clients, and the preparation and \n writing of legal papers in capital cases;\n ``(B) monitor the performance of attorneys \n appointed and delete from the roster any attorney who \n fails to meet qualification and performance standards; \n and\n ``(C) appoint a defense team, which shall include \n at least 2 attorneys, to represent a client at the \n relevant stage of proceedings, within 30 days after \n receiving notice of the need for the appointment from \n the relevant State court.\n ``(4) An attorney who is not listed on the roster shall be \n appointed only on the request of the client concerned and in \n circumstances in which the attorney requested is able to \n provide the client with quality legal representation.\n ``(5) No counsel appointed pursuant to this section to \n represent a prisoner in State postconviction proceedings shall \n have previously represented the prisoner at trial or on direct \n appeal in the case for which the appointment is made, unless \n the prisoner and counsel expressly request continued \n representation.\n ``(6) The ineffectiveness or incompetence of counsel \n appointed pursuant to this section during State or Federal \n postconviction proceedings shall not be a ground for relief in \n a proceeding arising under section 2254 of this title. This \n limitation shall not preclude the appointment of different \n counsel at any phase of State or Federal postconviction \n proceedings.\n ``(7) Upon receipt of notice from the counsel authority \n that an individual entitled to the appointment of counsel under \n this section has declined to accept such an appointment, the \n court requesting the appointment shall conduct, or cause to be \n conducted, a hearing, at which the individual and counsel \n proposed to be appointed under this section shall be present, \n to determine the individual's competency to decline the \n appointment, and whether the individual has knowingly and \n intelligently declined it.\n ``(8) Attorneys appointed pursuant to this section shall be \n compensated on an hourly basis pursuant to a schedule of hourly \n rates as periodically established by the counsel authority \n after consultation with the highest State court with \n jurisdiction over criminal matters. Appointed counsel shall be \n reimbursed for expenses reasonably incurred in representing the \n client, including the costs of law clerks, paralegals, \n investigators, experts, or other support services.\n ``(9) Support services for staff attorneys of a defender \n organization or resource center shall be equal to the services \n listed in paragraph (8).''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 153 of title 28, United States Code, is amended by adding after \nthe provision added by section 804 the following:\n\n``2257. Counsel in capital cases; State court.''.\n\nSEC. 6. SUCCESSIVE FEDERAL PETITIONS.\n\n Section 2244(b) of title 28, United States Code, is amended--\n (1) by inserting ``(1)'' after ``(b)'';\n (2) by inserting ``, in the case of an applicant not under \n sentence of death,'' after ``When''; and\n (3) by adding at the end the following:\n ``(2) In the case of an applicant under sentence of death, \n a claim presented in a second or successive application, that \n was not presented in a prior application under this chapter, \n shall be dismissed unless--\n ``(A) the applicant shows that--\n ``(i) the basis of the claim could not have \n been discovered by the exercise of reasonable \n diligence before the applicant filed the prior \n application; or\n ``(ii) the failure to raise the claim in \n the prior application was due to action by \n State officials in violation of the \n Constitution of the United States; and\n ``(B) the facts underlying the claim would be \n sufficient, if proven, to undermine the court's \n confidence in the applicant's guilt of the offense or \n offenses for which the capital sentence was imposed, or \n in the validity of that sentence under Federal law.''.\n\nSEC. 7. CERTIFICATES OF PROBABLE CAUSE.\n\n The third paragraph of section 2253, of title 28, United States \nCode, is amended to read as follows:\n ``An appeal may not be taken to the court of appeals from \n the final order in a habeas corpus proceeding where the \n detention complained of arises out of process issued by a State \n court, unless the justice or judge who rendered the order or a \n circuit justice or judge issues a certificate of probable \n cause. However, an applicant under sentence of death shall have \n a right of appeal without a certification of probable cause, \n except after denial of a second or successive application.''.\n\nSEC. 8. DUTIES OF THE DISTRICT COURT.\n\n Section 2254(a) of title 28, United States Code, is amended by \nadding at the end the following:\n ``In adjudicating the merits of any such ground, the court \n shall exercise independent judgment in ascertaining the \n pertinent Federal legal standards and in applying those \n standards to the facts and shall not defer to a previous State \n court judgment regarding a Federal legal standard or its \n application. Upon request, the court shall permit the parties \n to present evidence regarding material facts that were not \n adequately developed in State court. The court shall award \n relief with respect to any meritorious constitutional ground, \n unless, in the case of a violation that can be harmless, the \n respondent shows that the error was harmless beyond a \n reasonable doubt.''.\n\nSEC. 9. CLAIMS OF INNOCENCE.\n\n (a) In General.--Chapter 153 of title 28, United States Code, is \namended by adding after the provision added by section 805 of this \nsubtitle the following:\n``Sec. 2258. Claims of innocence\n ``(a) At any time, and notwithstanding any other provision of law, \na district court shall issue habeas corpus relief on behalf of an \napplicant under sentence of death, imposed either in Federal or in \nState court, who offers credible newly discovered evidence which, had \nit been presented to the trier of fact or sentencing authority at \ntrial, would probably have resulted in--\n ``(1) an acquittal of the offense for which the death \n sentence was imposed; or\n ``(2) a sentence other than death.\n ``(b) An application filed pursuant to subsection (a) shall offer \nsubstantial evidence which, if credible, would establish one of the \nstandards in subsection (a)(1) or (2). An application that fails to do \nso may be dismissed.\n ``(c) If the court concludes that an application meets the \nrequirements in subsection (b), the court shall--\n ``(1) order the respondent to file an answer;\n ``(2) permit the parties to conduct reasonable discovery;\n ``(3) conduct a hearing to resolve disputed issues of fact; \n and\n ``(4) upon request, issue a stay of execution pending \n further proceedings in the district court and on direct review \n of the district court's judgment.\n ``(d) If the court concludes that the applicant meets the standards \nestablished by subsection (a)(1) or (2), the court shall order his or \nher release, unless a new trial or, in an appropriate case, a new \nsentencing proceeding, is conducted within a reasonable time.\n ``(e) If the court determines that the applicant is currently \nentitled to pursue other available and effective remedies in either \nState or Federal court, the court may, at the request of either party, \nsuspend its consideration of the application under this section until \nthe applicant has exhausted those remedies. A stay issued pursuant to \nsubsection (c) shall remain in effect during such a suspension.\n ``(f) An application under this section may be consolidated with \nany other pending application under this chapter, filed by the same \napplicant.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 153 of title 28, United States Code, is amended by adding after \nthe provision added by section 805 of this subtitle the following:\n\n``2258. Claims of innocence.''.\n\nSEC. 10. PROCEDURAL DEFAULT IN STATE COURT.\n\n Section 2254 of title 28, United States Code, is amended by adding \nthe following:\n ``(h)(1) A district court shall decline to consider a claim under \nthis section if--\n ``(A) the applicant previously failed to raise the claim in \n State court at the time and in the manner prescribed by State \n law; the State courts, for that reason, refused or would refuse \n to entertain the claim; such refusal would constitute an \n adequate and independent State law ground that would foreclose \n direct review of the State court judgment in the Supreme Court \n of the United States; and\n ``(B) the applicant fails to show cause for the failure to \n raise the claim in State court and prejudice to the applicant's \n right to fair proceedings or to an accurate outcome resulting \n from the alleged violation of the Federal right asserted, or \n that failure to consider the claim would result in a \n miscarriage of justice.\n ``(2) The court shall not find cause in any case in which it \nappears that the applicant or counsel deliberately withheld a claim \nfrom the State courts for strategic purposes. An applicant may \nestablish cause by showing that--\n ``(A) the factual basis of the claim could not have been \n discovered by the exercise of reasonable diligence before the \n applicant could have raised the claim in State court;\n ``(B) the claim relies on a decision of the Supreme Court \n of the United States, announced after the applicant might have \n raised the claim in State court; or\n ``(C) the failure to raise the claim in State court was due \n to interference by State officials, counsel's ignorance or \n neglect, or counsel's ineffective assistance in violation of \n the Constitution.''.\nHR 4018 RH----2","summary":"Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution in capital cases. Prohibits the court from applying a new rule representing a clear break from precedent announced by the US Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed. Or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements. (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred. And (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the US Constitution. And (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground. (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death. And (3) decline to consider a habeas corpus claim under specified circumstances.","title":"Habeas Corpus Revision Act of 1994","text_len":19852,"sum_len":3615} {"bill_id":"112_hr651","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Afghanistan Status of \nForces Agreement (SOFA) Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Al Qaeda, a terrorist organization using Afghanistan as \n a base of operations, attacked the United States on September \n 11, 2001, killing nearly 3,000 people in New York, \n Pennsylvania, and Virginia.\n (2) Congress passed and the President signed the \n Authorization for Use of Military Force (Public Law 107-40; 50 \n U.S.C. 1541 note) on September 18, 2001.\n (3) The United States initiated Operation Enduring Freedom \n to combat Al Qaeda and prevent the Taliban regime in \n Afghanistan from providing Al Qaeda with safe harbor.\n (4) The Taliban was removed from power and the United \n States concluded security agreements with the newly formed \n Afghan government.\n (5) Al Qaeda no longer has a major or relevant presence in \n Afghanistan.\n (6) The United States and Afghanistan has exchanged notes, \n signed agreements, and issued ``joint declarations'' on various \n topics, but have not entered into a bilateral agreement on the \n status of forces.\n (7) A status of forces agreement with Afghanistan would not \n expressly authorize the United States to carry out military \n operations in Afghanistan but would recognize that such \n operations are ongoing.\n (8) The United States is currently party to more than 100 \n agreements on the status of forces.\n (9) A status of forces agreement may be a multilateral or \n bilateral agreement addressing the status of United States \n Armed Forces while present in a foreign country.\n (10) Status of forces agreements may include--but are not \n limited to--how the domestic laws of the foreign jurisdiction \n shall be applied to United States personnel and contractors \n while in that country.\n (11) In a similar agreement, parties have pledged to work \n cooperatively in a number of fields, including on diplomatic, \n security, economic, cultural, and law enforcement matters.\n (12) In a similar agreement, a deadline has been \n established for the withdrawal of United States troops by a \n date certain.\n (13) United States personnel subject to a status of forces \n agreement may include members of the United States Armed \n Forces, Department of Defense civilian employees, and \n contractors working for the Department of Defense.\n\nSEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN.\n\n (a) In General.--Not later than 90 days after the date of the \nenactment of this Act, the President shall seek to negotiate and enter \ninto a bilateral status of forces agreement with the Government of \nAfghanistan in accordance with the requirements of this section.\n (b) Mandatory Elements.--The status of forces agreement specified \nin subsection (a) shall, to the maximum extent practicable--\n (1) prohibit the permanent basing or military presence of \n United States Armed Forces in Afghanistan;\n (2) provide a date, no later than 1 year after the date on \n which the agreement is entered into with the Government of \n Afghanistan, for the complete, safe, and orderly redeployment \n from Afghanistan of all members of the United States Armed \n Forces, Department of Defense civilian employees, and \n contractors working for the Department of Defense; and\n (3) establish that the temporary presence of United States \n Armed Forces in Afghanistan is at the request and invitation of \n the sovereign Government of Afghanistan.\n (c) Discretionary Elements.--The status of forces agreement \nspecified in subsection (a) may provide for the authorization of \nspecific exercises, activities, or missions of the United States Armed \nForces in Afghanistan.\n (d) Sense of Congress.--It is the sense of Congress that the \nPresident should submit the status of forces agreement specified in \nsubsection (a) to the Senate for its advice and consent to ratification \nas a treaty or alternatively the President should request statutory \nauthorization for the status of forces agreement by Congress.\n (e) Submission to Congress.--\n (1) In general.--The President shall submit to the \n Permanent Select Committee on Intelligence of the House of \n Representatives and the Select Committee on Intelligence of the \n Senate a copy of the status of forces agreement specified in \n subsection (a). The status of forces agreement shall be \n submitted in unclassified form but may contain a classified \n annex if necessary.\n (2) Availability.--Any Senator or Member of the House of \n Representatives may review the copy of the status of forces \n agreement submitted under paragraph (1), including any portions \n of the agreement contained in the classified annex.\n (3) Definition.--In paragraph (2), the term ``Member of the \n House of Representatives'' includes a Delegate or Resident \n Commissioner to Congress.","summary":"United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of US Armed Forces in Afghanistan. (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the US Armed Forces and Department of Defense (DOD) civilian employees and contractors. And (3) establish that the temporary presence of US Armed Forces in Afghanistan is at the request of the government of Afghanistan. Authorizes such agreement to provide for specific activities or missions of the US Armed Forces in Afghanistan. Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress.","title":"To require the President to seek to negotiate and enter into a bilateral status of forces agreement with the Government of the Islamic Republic of Afghanistan.","text_len":5383,"sum_len":1019} {"bill_id":"114_hr5221","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Tragedies Between Police \nand Communities Act of 2016''.\n\nSEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.\n\n (a) Training Requirement.--For each fiscal year after the \nexpiration of the period specified in subsection (d) in which a State \nor unit of local government receives a grant under part E of title I of \nthe Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 \net seq.), the State or unit of local government shall require that all \nindividuals enrolled in an academy of a law enforcement agency of the \nState or unit of local government and all law enforcement officers of \nthe State or unit of local government fulfill a training session on de-\nescalation techniques each fiscal year, including--\n (1) the use of alternative non-lethal methods of applying \n force and techniques that prevent the officer from escalating \n any situation where force is likely to be used;\n (2) verbal and physical tactics to minimize the need for \n the use of force, with an emphasis on communication, \n negotiation, de-escalation techniques, providing the time \n needed to resolve the incident safely for everyone;\n (3) the use of the lowest level of force that is a possible \n and safe response to an identified threat, then re-evaluating \n the threat as it progresses;\n (4) techniques that provide all officers with awareness and \n recognition of mental health and substance abuse issues with an \n emphasis on communication strategies, training officers \n simultaneously in teams on de-escalation and use of force to \n improve group dynamics and diminish excessive use of force \n during critical incidents;\n (5) principles of using distance, cover, and time when \n approaching and managing critical incidents, and elimination of \n the use of concepts like the ``21-foot rule'' and ``drawing a \n line in the sand'' in favor of using distance and cover to \n create a ``reaction gap'';\n (6) crisis intervention strategies to appropriately \n identify and respond to individuals suffering from mental \n health or substance abuse issues, with an emphasis on de-\n escalation tactics and promoting effective communication; and\n (7) other evidence-based approaches, found to be \n appropriate by the Attorney General, that enhance de-escalation \n skills and tactics, such as the Critical Decision-Making Model \n and scenario based trainings.\nIn the case of individuals attending an academy, such training session \nshall be for such an appropriate amount of time as to ensure academy \nparticipants receive effective training under this subsection and in \nthe case of all other law enforcement officers, the training session \nshall be for an appropriate amount of time as to ensure officers \nreceive effective training under this subsection. The State or unit of \nlocal government shall certify to the Attorney General of the United \nStates that such training sessions have been completed.\n (b) Scenario-Based Training.--Training described in subsection (a) \nshall be conducted with an emphasis on training that employs theories \nof de-escalation techniques and applies them to practical on-the-job \nscenarios that regularly face law enforcement officers.\n (c) Cross-Training.--To the extent practicable, principles of \ntraining as described in subsection (a) shall be applied to other \ntraining conducted at the academy.\n (d) Compliance and Ineligibility.--\n (1) Compliance date.--Beginning not later than 1 year after \n the date of this Act, each State or unit of local government \n receiving a grant shall comply with subsection (a), except that \n the Attorney General may grant an additional 6 months to a \n State or unit of local government that is making good faith \n efforts to comply with such subsection.\n (2) Ineligibility for funds.--For any fiscal year after the \n expiration of the period specified in paragraph (1), a State or \n unit of local government that fails to comply with subsection \n (a), shall, at the discretion of the Attorney General, be \n subject to not more than a 20-percent reduction of the funds \n that would otherwise be allocated for that fiscal year to the \n State or unit of local government under subpart 1 of part E of \n title I of the Omnibus Crime Control and Safe Streets Act of \n 1968 (42 U.S.C. 3750 et seq.), whether characterized as the \n Edward Byrne Memorial State and Local Law Enforcement \n Assistance Programs, the Local Government Law Enforcement Block \n Grants Program, the Edward Byrne Memorial Justice Assistance \n Grant Program, or otherwise.\n (e) Reallocation.--Amounts not allocated under a program referred \nto in subsection (b)(2) to a State or unit of local government for \nfailure to fully comply with subsection (a) shall be reallocated under \nthat program to States and units of local government that have not \nfailed to comply with such subsection.\n (f) Evidence-Based Practices.--For purposes of subsection (a)(4), \nthe Attorney General shall maintain a list of evidence-based practices \nit determines is successful in enhancing de-escalation skills of law \nenforcement officers. The Attorney General shall regularly update this \nlist as needed and shall publish the list to the public on a yearly \nbasis.\n\nSEC. 3. DATA COLLECTION.\n\n The Attorney General shall collect data on efforts undertaken by \nFederal fund recipients to enhance de-escalation training for law \nenforcement officers.\n\nSEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE.\n\n (a) In General.--In the case of a State or unit of local government \nthat received a grant award under subpart 1 of part E of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et \nseq.), if that State or unit of local government fails by the end of a \nfiscal year to enact or have in effect laws, policies, or procedures \nthat sets forth an affirmative duty on a law enforcement officer of \nthat State or unit of local government, whenever possible, to employ \nde-escalation techniques in which the officer has received training \nrequired under section 2(a), the Attorney General shall reduce the \namount that would otherwise be awarded to that State or unit of local \ngovernment under such grant program in the following fiscal year by 15 \npercent.\n (b) Reallocation.--Amounts not allocated under a program referred \nto in subsection (a) to a State or unit of local government for failure \nto be in compliance with this section shall be reallocated under that \nprogram to States and units of local government that are in compliance \nwith this section.\n\nSEC. 5. ATTORNEY GENERAL GUIDANCE.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Attorney General shall issue guidance, for the benefit of States \nand units of local government, on compliance with the requirements of \nthis Act.","summary":"Preventing Tragedies Between Police and Communities Act of 2016 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques. The Department of Justice (DOJ) may reduce by up to 20 the JAG allocation of a state or local government that fails to comply. DOJ must collect data on the efforts of state and local governments to enhance de-escalation training for law enforcement officers. Additionally, a state or local government that receives JAG program funding must enact a law, policy, or procedure that establishes an affirmative duty on a law enforcement officer to use de-escalation techniques. DOJ must reduce by 15 the JAG allocation of a state or local government that fails to enact such law, policy, or procedure. DOJ must issue guidance on compliance with these requirements.","title":"Preventing Tragedies Between Police and Communities Act of 2016","text_len":7243,"sum_len":926} {"bill_id":"108_hr4137","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Small Business Tax Modernization Act of \n2004''.\n\nSEC. 2. UNIFIED PASS-THRU ENTITY REGIME.\n\n (a) Termination of S Corporation Status.--\n (1) No new s corporation elections.--Subsection (a) of \n section 1362 of the Internal Revenue Code of 1986 is amended by \n adding at the end the following new paragraph:\n ``(3) Termination of authority to make election.--No \n election may be made under paragraph (1) for any taxable year \n beginning after December 31, 2004.''.\n (2) Termination of status.--Subsection (d) of section 1362 \n of such Code (relating to termination) is amended by adding at \n the end the following new paragraph:\n ``(4) Treatment as partnership after 2014.--An election \n under subsection (a)--\n ``(A) shall not be effective for any taxable year \n beginning after December 31, 2014, and\n ``(B) shall be treated as an election under section \n 7701(a)(2)(B) for taxable years beginning after such \n date.''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to taxable years beginning after December 31, 2004.\n (b) Election by Certain Corporations to Be Taxed as Partnership.--\n (1) In general.--Paragraph (2) of section 7701(a) of such \n Code (defining partnership and partner) is amended to read as \n follows:\n ``(2) Partnership and partner.--\n ``(A) In general.--The term `partnership' includes \n a syndicate, group, pool, joint venture, or other \n unincorporated organization, through or by means of \n which any business, financial operation, or venture is \n carried on, and which is not, within the meaning of \n this title, a trust or estate or a corporation; and the \n term `partner' includes a member in such a syndicate, \n group, pool, joint venture, or organization.\n ``(B) Election by corporation to be taxed as \n partnership.--\n ``(i) In general.--An eligible corporation \n may elect to be treated as a partnership for \n purposes of this title.\n ``(ii) Tax treatment.--Except as provided \n in section 1379A--\n ``(I) no gain or loss shall be \n recognized to the corporation or the \n shareholders by reason of an election \n under clause (i), and\n ``(II) except in the case of an \n election made by a S corporation after \n the end of the recognition period (as \n defined in section 1374(d)(7) without \n regard to subparagraph (B) thereof), \n section 1374 shall apply to the entity \n after such election.\n ``(iii) Eligible corporation.--For purposes \n of clause (i), the term `eligible corporation' \n means an entity--\n ``(I) which, without regard to this \n subparagraph, is a domestic corporation \n no stock of which is readily tradable \n on an established securities market or \n otherwise, and\n ``(II) which is not an ineligible \n corporation (as defined by section \n 1361(b)(2)).\n ``(iv) Election and termination.--For \n purposes of this subparagraph, rules similar to \n the rules of section 1362 (other than \n subsections (a)(3), (d)(3) and (4), and (e) \n thereof) shall apply.\n ``(v) Distributions, etc.--Each partner \n shall include in gross income as a dividend, \n any amount that would have been so includible \n had the entity been an S corporation during the \n period the entity was treated as a partnership. \n Notwithstanding the preceding sentence, the \n provisions of subchapter K of chapter 1 shall \n apply to determine the basis of any property \n distributed and the basis of any interest in \n the partnership.\n ``(vi) Cross reference.--For tax treatment \n of S corporation electing unified pass-thru \n regime, see section 1379A.''.\n (2) Tax treatment of s corporation electing unified pass-\n thru regime.--\n (A) In general.--Part IV of subchapter S of chapter \n 1 of such Code is amended by inserting after section \n 1379 the following new section:\n\n``SEC. 1379A. TAX TREATMENT OF S CORPORATION ELECTING UNIFIED PASS-THRU \n REGIME.\n\n ``In the case of an election under section 7701(a)(2)(B) by an S \ncorporation before January 1, 2015, with respect to the corporation--\n ``(1) the shareholders shall be treated as if the assets \n were distributed, on the date of such election, to the \n shareholders in exchange for their stock,\n ``(2) any gain or loss recognized to the shareholders by \n reason of paragraph (1) shall be taken into account by the \n shareholders ratably over the taxable year in which the \n distribution is deemed to be made under paragraph (1) and the \n succeeding 4 taxable years, and\n ``(3) proper adjustments to the basis of interests in the \n entity shall be made.''.\n (B) Clerical amendment.--The table of sections for \n part IV of subchapter S of chapter 1 of such Code is \n amended by inserting after the item relating to section \n 1379 the following new item:\n\n``Sec. 1379A. Tax treatment of S corporation electing unified pass-thru \n regime.''.\n (3) Modification to treatment of section 1374 tax for \n earnings and profits purposes.--Paragraph (2) of section \n 1366(f) of such Code is amended to read as follows:\n ``(2) Treatment of tax imposed on built-in gains.--\n ``(A) In general.--The amount of the items of the \n net recognized built-in gain taken into account under \n section 1374(b)(1) (reduced by any deduction allowed \n under section 1374(b)(2)) shall not be taken into \n account under this section.\n ``(B) Earnings and profits.--The accumulated \n earnings and profits of the corporation shall be \n increased at the beginning of the taxable year by the \n amount not taken into account under this section by \n reason of subparagraph (A) (determined without regard \n to section 1374(b)(2)) reduced by the tax imposed by \n section 1374 (net of credits allowed).''.\n (4) Effect of election on recognition period for purposes \n of tax imposed on built-in gains.--Paragraph (7) of section \n 1374(d) of such Code is amended to read as follows:\n ``(7) Recognition period.--\n ``(A) In general.--The term `recognition period' \n means the 10-year period beginning with the 1st day of \n the 1st taxable year for which the corporation was an S \n corporation. For purposes of applying this section to \n any amount includible in income by reason of section \n 593(e), the preceding sentence shall be applied without \n regard to the phrase `10-year'.\n ``(B) Special rule relating to election of \n corporation to be taxed as partnership.--\n ``(i) In general.--In the case of an \n election under section 7701(a)(2)(B), \n subparagraph (A) shall be applied by \n substituting `25-year' for `10-year' both \n places it appears.\n ``(ii) Exception where 10-year period \n expired.--If, on the date of an election \n referred to in clause (i) by a corporation, the \n 10-year period specified in subparagraph (A) \n with respect to such corporation has expired, \n clause (i) shall not apply to such \n corporation.''.\n (5) Effective dates.--The amendments made by this \n subsection shall apply to taxable years beginning after \n December 31, 2004.\n (c) Step Transaction Doctrine not to Apply to Partnership \nIncorporation Followed by Corporate Reorganization.--\n (1) In general.--Section 351 of such Code is amended by \n redesignating subsection (h) as subsection (i) and by inserting \n after subsection (g) the following new subsection:\n ``(h) Special Rule for Partnerships Which Incorporate and \nSubsequently Reorganize.--The step transaction doctrine and any similar \ndoctrine shall not apply for purposes of determining whether the \ncontrol requirement of subsection (a) is met in any case in which--\n ``(1) a partnership engaged in an active trade or business \n transfers substantially all of the property used in carrying on \n such trade or business to a corporation which is not publicly \n traded, and\n ``(2) such corporation subsequently enters into a \n reorganization under this chapter.''.\n (2) Effective date.--The amendment made by this subsection \n shall apply to transactions after December 31, 2004.\n\nSEC. 3. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET \n EARNINGS FROM SELF-EMPLOYMENT.\n\n (a) In General.--Paragraph (13) of section 1402(a) of the Internal \nRevenue Code of 1986 is amended to read as follows:\n ``(13) there shall be excluded the distributive share of \n net income of a partner attributable to capital;''.\n (b) Partnership Income Attributable to Capital.--Section 1402 of \nsuch Code is amended by adding at the end the following new subsection:\n ``(l) Partnership Income Attributable to Capital.--\n ``(1) In general.--For purposes of subsection (a)(13), the \n following amounts shall be treated as income attributable to \n capital--\n ``(A) the amount, if any, in excess of what would \n constitute reasonable compensation for services \n rendered by such partner to the partnership, and\n ``(B) an amount equal to a reasonable rate of \n return on unreturned capital of the partner determined \n as of the beginning of the taxable year.\n ``(2) Definitions.--For purposes of paragraph (1)--\n ``(A) Unreturned capital.--The term `unreturned \n capital' means the excess of the aggregate amount of \n money and the fair market value as of the date of \n contribution of other consideration (net of \n liabilities) contributed by the partner over the \n aggregate amount of money and the fair market value as \n of the date of distribution of other consideration (net \n of liabilities) distributed by the partnership to the \n partner, increased or decreased for the partner's \n distributive share of all reportable items as \n determined in section 702. If the partner acquires a \n partnership interest and the partnership makes an \n election under section 754, the partner's unreturned \n capital shall take into account appropriate adjustments \n under section 743.\n ``(B) Reasonable rate of return.--A reasonable rate \n of return on unreturned capital shall equal 150 percent \n (or such higher rate as is established in regulations) \n of the highest applicable Federal rate, as determined \n under section 1274(d)(1), at the beginning of the \n partnership's taxable year.\n ``(3) Regulations.--The Secretary shall prescribe such \n regulations as may be necessary to carry out the purposes of \n this subsection.''.\n (c) Effective Date.--The amendments made by this section shall \napply with respect to services performed in taxable years beginning \nafter December 31, 2004.","summary":"Small Business Modernization Act of 2004 - Amends the Internal Revenue Code to: (1) terminate subchapter S corporation elections after 2004 and subchapter S status after 2014 and to allow privately-held domestic corporations, in lieu of electing subchapter S treatment, to elect to be treated as partnerships for tax purposes. (2) set forth rules for the tax treatment of former subchapter S corporations electing partnership status. And (3) exclude from net earnings from self-employment partnership income attributable to capital.","title":"To amend the Internal Revenue Code of 1986 to provide for unified income taxation with respect to pass-thru entities.","text_len":13436,"sum_len":532} {"bill_id":"112_hr6375","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n (a) Short Title.--This Act may be cited as the ``VA Major \nConstruction Authorization and Expiring Authorities Extension Act of \n2012''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. References to title 38, United States Code.\nSec. 3. Scoring of budgetary effects.\n\n TITLE I--CONSTRUCTION AUTHORIZATIONS\n\nSec. 101. Authorization of fiscal year 2013 major medical facility \n projects.\nSec. 102. Authorization of major medical facility project in Miami, \n Florida.\nSec. 103. Authorization of appropriations.\n\n TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES\n\nSec. 201. Extension of authority to calculate the net value of real \n property securing a defaulted loan for purposes of \n liquidation.\nSec. 202. Extension of authority for operation of the Department of \n Veterans Affairs regional office in Manila, the Republic of \n the Philippines.\nSec. 203. Extension of authority to provide treatment, rehabilitation, \n and certain other services for seriously mentally ill and \n homeless veterans.\nSec. 204. Extension of authority to provide expanded services to \n homeless veterans.\nSec. 205. Extension of authority to provide housing assistance for \n homeless veterans.\nSec. 206. Extension of authority for the Advisory Committee on Homeless \n Veterans.\nSec. 207. Extension of authority for the performance of medical \n disability examinations by contract physicians.\nSEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.\n Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of title 38, United States \nCode.\nSEC. 3. SCORING OF BUDGETARY EFFECTS.\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n TITLE I--CONSTRUCTION AUTHORIZATIONS\n\n SEC. 101. AUTHORIZATION OF FISCAL YEAR 2013 MAJOR MEDICAL FACILITY \n PROJECTS.\n The Secretary of Veterans Affairs may carry out the following major \nmedical facility projects in fiscal year 2013 in the amount specified \nfor each project:\n (1) Construction of a mental health building at the Department \n of Veterans Affairs Medical Center, Seattle, Washington, in an \n amount not to exceed $222,000,000.\n (2) Construction of a spinal cord injury center at the \n Department of Veterans Affairs Medical Center, Dallas, Texas, in an \n amount not to exceed $155,200,000.\n SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT IN MIAMI, \n FLORIDA.\n (a) In General.--The Secretary of Veterans Affairs may carry out \nthe major medical facility project described in subsection (b) in an \namount not to exceed a total of $41,000,000.\n (b) Project Described.--The major medical facility project \ndescribed in this subsection is the renovation of the surgical suite \nand operating rooms at the Department of Veterans Affairs Medical \nCenter, Miami, Florida.\n SEC. 103. AUTHORIZATION OF APPROPRIATIONS.\n (a) Authorization of Appropriations for Construction.--There is \nauthorized to be appropriated to the Secretary of Veterans Affairs for \nfiscal year 2013 or the year in which funds are appropriated for the \nConstruction, Major Projects, account $377,200,000 for the projects \nauthorized in section 101.\n (b) Limitation.--In addition to any limitations under section 8104 \nof title 38, United States Code, or other provision of law that apply \nto the projects authorized in section 101 and 102, such projects may \nonly be carried out using--\n (1) funds appropriated for fiscal year 2013 pursuant to the \n authorization of appropriations in subsection (a) of this section;\n (2) funds available for Construction, Major Projects, for a \n fiscal year before fiscal year 2013 that remain available for \n obligation;\n (3) funds available for Construction, Major Projects, for a \n fiscal year after fiscal year 2013 that remain available for \n obligation;\n (4) funds appropriated for Construction, Major Projects, for \n fiscal year 2013 for a category of activity not specific to a \n project;\n (5) funds appropriated for Construction, Major Projects, for a \n fiscal year before 2013 for a category of activity not specific to \n a project; and\n (6) funds appropriated for Construction, Major Projects, for a \n fiscal year after 2013 for a category of activity not specific to a \n project.\n\n TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES\n\n SEC. 201. EXTENSION OF AUTHORITY TO CALCULATE THE NET VALUE OF REAL \n PROPERTY SECURING A DEFAULTED LOAN FOR PURPOSES OF LIQUIDATION.\n Section 3732(c)(11) is amended by striking ``October 1, 2012'' and \ninserting ``October 1, 2013''.\n SEC. 202. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF \n VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE \n PHILIPPINES.\n Section 315(b) is amended by striking ``December 31, 2012'' and \ninserting ``December 31, 2013''. Such section 315 shall be carried out \nas amended by this section notwithstanding the date described in \nsection 151 of the Continuing Appropriations Resolution, 2013.\n SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE TREATMENT, \n REHABILITATION, AND CERTAIN OTHER SERVICES FOR SERIOUSLY MENTALLY \n ILL AND HOMELESS VETERANS.\n Section 2031(b) is amended by striking ``December 31, 2012'' and \ninserting ``December 31, 2013''.\n SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE EXPANDED SERVICES TO \n HOMELESS VETERANS.\n Section 2033(d) is amended by striking ``December 31, 2012'' and \ninserting ``December 31, 2013''.\n SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR \n HOMELESS VETERANS.\n Section 2041(c) is amended by striking ``December 31, 2012'' and \ninserting ``December 31, 2013''.\n SEC. 206. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON \n HOMELESS VETERANS.\n Section 2066(d) is amended by striking ``December 31, 2012'' and \ninserting ``December 31, 2013''.\n SEC. 207. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF MEDICAL \n DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.\n Section 704(c) of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 \nnote) is amended by striking ``December 31, 2012'' and inserting \n``December 31, 2013''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"VA Major Construction Authorization and Expiring Authorities Extension Act of 2012 - Title I: Construction Authorizations - Authorizes the Secretary of Veterans Affairs (VA) to carry out major medical facility projects (projects) in FY2013 at VA medical centers in: (1) Seattle, Washington, (2) Dallas, Texas. And (3) Miami, Florida. Authorizes appropriations for such projects. Provides project funding limitations. Title II: Extensions of Certain Expiring Authorities - Extends through FY2013 VA default procedures with respect to guaranteed loans to veterans. Extends through 2013 VA authority: (1) to operate a regional office in the Republic of the Philippines. (2) to provide treatment, rehabilitation, and related services for seriously mentally ill and homeless veterans. (3) to provide expanded services and housing assistance to homeless veterans, (4) for the Advisory Committee on Homeless Veterans. And (5) to use contract physicians to perform VA medical disability examinations.","title":"To authorize certain Department of Veterans Affairs major medical facility projects, to amend title 38, United States Code, to extend certain authorities of the Secretary of Veterans Affairs, and for other purposes.","text_len":7206,"sum_len":992} {"bill_id":"115_s128","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bar Removal of Individuals who Dream \nand Grow our Economy Act'' or the ``BRIDGE Act''.\n\nSEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS.\n\n (a) In General.--Chapter 4 of title II of the Immigration and \nNationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 244A. PROVISIONAL PROTECTED PRESENCE.\n\n ``(a) Definitions.--In this section:\n ``(1) DACA recipient.--The term `DACA recipient' means an \n alien who is in deferred action status on the date of the \n enactment of this section pursuant to the Deferred Action for \n Childhood Arrivals (`DACA') Program announced on June 15, 2012.\n ``(2) Felony.--The term `felony' means a Federal, State, or \n local criminal offense (excluding a State or local offense for \n which an essential element was the alien's immigration status) \n punishable by imprisonment for a term exceeding one year.\n ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, \n State, or local criminal offense (excluding a State or local \n offense for which an essential element was the alien's \n immigration status, a significant misdemeanor, and a minor \n traffic offense) for which--\n ``(A) the maximum term of imprisonment is greater \n than five days and not greater than one year; and\n ``(B) the individual was sentenced to time in \n custody of 90 days or less.\n ``(4) Secretary.--The term `Secretary' means the Secretary \n of Homeland Security.\n ``(5) Significant misdemeanor.--The term `significant \n misdemeanor' means a Federal, State, or local criminal offense \n (excluding a State or local offense for which an essential \n element was the alien's immigration status) for which the \n maximum term of imprisonment is greater than five days and not \n greater than one year that--\n ``(A) regardless of the sentence imposed, is a \n crime of domestic violence (as defined in section \n 237(a)(2)(E)(i)) or an offense of sexual abuse or \n exploitation, burglary, unlawful possession or use of a \n firearm, drug distribution or trafficking, or driving \n under the influence if the State law requires, as an \n element of the offense, the operation of a motor \n vehicle and a finding of impairment or a blood alcohol \n content of .08 or higher; or\n ``(B) resulted in a sentence of time in custody of \n more than 90 days, excluding an offense for which the \n sentence was suspended.\n ``(6) Threat to national security.--An alien is a `threat \n to national security' if the alien is--\n ``(A) inadmissible under section 212(a)(3); or\n ``(B) deportable under section 237(a)(4).\n ``(7) Threat to public safety.--An alien is a `threat to \n public safety' if the alien--\n ``(A) has been convicted of an offense for which an \n element was participation in a criminal street gang (as \n defined in section 521(a) of title 18, United States \n Code); or\n ``(B) has engaged in a continuing criminal \n enterprise (as defined in section 408(c) of the \n Comprehensive Drug Abuse Prevention and Control Act of \n 1970 (21 U.S.C. 848(c))).\n ``(b) Authorization.--The Secretary--\n ``(1) shall grant provisional protected presence to an \n alien who files an application demonstrating that he or she \n meets the eligibility criteria under subsection (c) and pays \n the appropriate application fee;\n ``(2) may not remove such alien from the United States \n during the period in which such provisional protected presence \n is in effect unless such status is rescinded pursuant to \n subsection (g); and\n ``(3) shall provide such alien with employment \n authorization.\n ``(c) Eligibility Criteria.--An alien is eligible for provisional \nprotected presence under this section and employment authorization if \nthe alien--\n ``(1) was born after June 15, 1981;\n ``(2) entered the United States before attaining 16 years \n of age;\n ``(3) continuously resided in the United States between \n June 15, 2007, and the date on which the alien files an \n application under this section;\n ``(4) was physically present in the United States on June \n 15, 2012, and on the date on which the alien files an \n application under this section;\n ``(5) was unlawfully present in the United States on June \n 15, 2012;\n ``(6) on the date on which the alien files an application \n for provisional protected presence--\n ``(A) is enrolled in school or in an education \n program assisting students in obtaining a regular high \n school diploma or its recognized equivalent under State \n law, or in passing a general educational development \n exam or other State-authorized exam;\n ``(B) has graduated or obtained a certificate of \n completion from high school;\n ``(C) has obtained a general educational \n development certificate; or\n ``(D) is an honorably discharged veteran of the \n Coast Guard or Armed Forces of the United States;\n ``(7) has not been convicted of--\n ``(A) a felony;\n ``(B) a significant misdemeanor; or\n ``(C) three or more misdemeanors not occurring on \n the same date and not arising out of the same act, \n omission, or scheme of misconduct; and\n ``(8) does not otherwise pose a threat to national security \n or a threat to public safety.\n ``(d) Duration of Provisional Protected Presence and Employment \nAuthorization.--Provisional protected presence and the employment \nauthorization provided under this section shall be effective until the \ndate that is three years after the date of the enactment of this \nsection.\n ``(e) Status During Period of Provisional Protected Presence.--\n ``(1) In general.--An alien granted provisional protected \n presence is not considered to be unlawfully present in the \n United States during the period beginning on the date such \n status is granted and ending on the date described in \n subsection (d).\n ``(2) Status outside period.--The granting of provisional \n protected presence under this section does not excuse previous \n or subsequent periods of unlawful presence.\n ``(f) Application.--\n ``(1) Age requirement.--\n ``(A) In general.--An alien who has never been in \n removal proceedings, or whose proceedings have been \n terminated before making a request for provisional \n protected presence, shall be at least 15 years old on \n the date on which the alien submits an application \n under this section.\n ``(B) Exception.--The age requirement set forth in \n subparagraph (A) shall not apply to an alien who, on \n the date on which the alien applies for provisional \n protected presence, is in removal proceedings, has a \n final removal order, or has a voluntary departure \n order.\n ``(2) Application fee.--\n ``(A) In general.--The Secretary may require aliens \n applying for provisional protected presence and \n employment authorization under this section to pay a \n reasonable fee that is commensurate with the cost of \n processing the application.\n ``(B) Exemption.--An applicant may be exempted from \n paying the fee required under subparagraph (A) if the \n alien--\n ``(i)(I) is younger than 18 years of age;\n ``(II) received total income during the 12-\n month period immediately preceding the date on \n which the alien files an application under this \n section that is less than 150 percent of the \n United States poverty level; and\n ``(III) is in foster care or otherwise \n lacking any parental or other familial support;\n ``(ii) is younger than 18 years of age and \n is homeless;\n ``(iii)(I) cannot care for himself or \n herself because of a serious, chronic \n disability; and\n ``(II) received total income during the 12-\n month period immediately preceding the date on \n which the alien files an application under this \n section that is less than 150 percent of the \n United States poverty level; or\n ``(iv)(I) as of the date on which the alien \n files an application under this section, has \n accumulated $10,000 or more in debt in the past \n 12 months as a result of unreimbursed medical \n expenses incurred by the alien or an immediate \n family member of the alien; and\n ``(II) received total income during the 12-\n month period immediately preceding the date on \n which the alien files an application under this \n section that is less than 150 percent of the \n United States poverty level.\n ``(3) Removal stayed while application pending.--The \n Secretary may not remove an alien from the United States who \n appears prima facie eligible for provisional protected presence \n while the alien's application for provisional protected \n presence is pending.\n ``(4) Aliens not in immigration detention.--An alien who is \n not in immigration detention, but who is in removal \n proceedings, is the subject of a final removal order, or is the \n subject of a voluntary departure order, may apply for \n provisional protected presence under this section if the alien \n appears prima facie eligible for provisional protected \n presence.\n ``(5) Aliens in immigration detention.--The Secretary shall \n provide any alien in immigration detention, including any alien \n who is in removal proceedings, is the subject of a final \n removal order, or is the subject of a voluntary departure \n order, who appears prima facie eligible for provisional \n protected presence, upon request, with a reasonable opportunity \n to apply for provisional protected presence under this section.\n ``(6) Confidentiality.--\n ``(A) In general.--The Secretary shall protect \n information provided in applications for provisional \n protected presence under this section and in requests \n for consideration of DACA from disclosure to U.S. \n Immigration and Customs Enforcement and U.S. Customs \n and Border Protection for the purpose of immigration \n enforcement proceedings.\n ``(B) Referrals prohibited.--The Secretary may not \n refer individuals whose cases have been deferred \n pursuant to DACA or who have been granted provisional \n protected presence under this section to U.S. \n Immigration and Customs Enforcement.\n ``(C) Limited exception.--The information submitted \n in applications for provisional protected presence \n under this section and in requests for consideration of \n DACA may be shared with national security and law \n enforcement agencies--\n ``(i) for assistance in the consideration \n of the application for provisional protected \n presence;\n ``(ii) to identify or prevent fraudulent \n claims;\n ``(iii) for national security purposes; and\n ``(iv) for the investigation or prosecution \n of any felony not related to immigration \n status.\n ``(7) Acceptance of applications.--Not later than 60 days \n after the date of the enactment of this section, the Secretary \n shall begin accepting applications for provisional protected \n presence and employment authorization.\n ``(g) Rescission of Provisional Protected Presence.--The Secretary \nmay not rescind an alien's provisional protected presence or employment \nauthorization granted under this section unless the Secretary \ndetermines that the alien--\n ``(1) has been convicted of--\n ``(A) a felony;\n ``(B) a significant misdemeanor; or\n ``(C) three or more misdemeanors not occurring on \n the same date and not arising out of the same act, \n omission, or scheme of misconduct;\n ``(2) poses a threat to national security or a threat to \n public safety;\n ``(3) has traveled outside of the United States without \n authorization from the Secretary; or\n ``(4) has ceased to continuously reside in the United \n States.\n ``(h) Treatment of Brief, Casual, and Innocent Departures and \nCertain Other Absences.--For purposes of subsections (c)(3) and (g)(4), \nan alien shall not be considered to have failed to continuously reside \nin the United States due to--\n ``(1) brief, casual, and innocent absences from the United \n States during the period beginning on June 15, 2007, and ending \n on August 14, 2012; or\n ``(2) travel outside of the United States on or after \n August 15, 2012, if such travel was authorized by the \n Secretary.\n ``(i) Treatment of Expunged Convictions.--For purposes of \nsubsections (c)(7) and (g)(1), an expunged conviction shall not \nautomatically be treated as a disqualifying felony, significant \nmisdemeanor, or misdemeanor, but shall be evaluated on a case-by-case \nbasis according to the nature and severity of the offense to determine \nwhether, under the particular circumstances, the alien should be \neligible for provisional protected presence under this section.\n ``(j) Effect of Deferred Action Under Deferred Action for Childhood \nArrivals Program.--\n ``(1) Provisional protected presence.--A DACA recipient is \n deemed to have provisional protected presence under this \n section through the expiration date of the alien's deferred \n action status, as specified by the Secretary in conjunction \n with the approval of the alien's DACA application.\n ``(2) Employment authorization.--If a DACA recipient has \n been granted employment authorization by the Secretary in \n addition to deferred action, the employment authorization shall \n continue through the expiration date of the alien's deferred \n action status, as specified by the Secretary in conjunction \n with the approval of the alien's DACA application.\n ``(3) Effect of application.--If a DACA recipient files an \n application for provisional protected presence under this \n section not later than the expiration date of the alien's \n deferred action status, as specified by the Secretary in \n conjunction with the approval of the alien's DACA application, \n the alien's provisional protected presence, and any employment \n authorization, shall remain in effect pending the adjudication \n of such application.''.\n (b) Clerical Amendment.--The table of contents for the Immigration \nand Nationality Act (8 U.S.C. 1101 note) is amended by inserting after \nthe item relating to section 244 the following:\n\n``Sec. 244A. Provisional protected presence.''.","summary":"Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization. An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981. (2) entered the United States before attaining 16 years of age, (3)nbsp, nbsp, nbsp, continuously resided in the United States since June 15, 2007. (4) was physically but unlawfully present in the United States on June 15. (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged US Coast Guard or Armed Forces veteran. (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act. And (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions. And (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period. An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to US Immigration and Customs Enforcement. A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status.","title":"Bar Removal of Individuals who Dream and Grow our Economy Act","text_len":16999,"sum_len":2387} {"bill_id":"103_hr2211","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Credit Equity Act of \n1993''.\n\nSEC. 2. INDEXATION OF GUARANTEED LOAN LIMITS IN COUNTIES WITH ABOVE \n AVERAGE LAND COSTS.\n\n (a) Guaranteed Real Estate Loans.--Section 305 of the Consolidated \nFarm and Rural Development Act (7 U.S.C. 1925) is amended--\n (1) by inserting ``(a)'' before ``The Secretary shall \n make'';\n (2) by inserting ``multiplied by the adjustment factor \n calculated under subsection (b) for the area in which the \n borrower is located'' after ``$300,000''; and\n (3) by adding at the end the following:\n ``(b)(1) Upon the enactment of this subsection, and not later than \nthe date any Census of Agriculture is completed, the Secretary shall \ncalculate--\n ``(A) the average value of land and buildings in each \n defined area in the United States; and\n ``(B) the adjustment factor for each such area in \n accordance with paragraph (2).\n ``(2) The adjustment factor for any defined area shall be 1.00, \nplus an amount that is directly proportional to the percentage (if any) \nby which the average value of land and buildings in the defined area \nexceeds the average value of land and buildings in the United States. \nThe Secretary shall determine the proportion to be used in calculating \nadjustment factors under this subsection.\n ``(3) As used in paragraph (1), the term `defined area' means--\n ``(A) a county; and\n ``(B) any other area if the Secretary deems it appropriate \n to calculate a separate adjustment factor for the area to \n better serve the credit needs of family farms in the area.''.\n (b) Guaranteed Operating Loans.--Section 313 of such Act (7 U.S.C. \n1943) is amended--\n (1) by inserting ``(a)'' before ``The Secretary shall \n make'';\n (2) by inserting ``multiplied by the adjustment factor \n calculated under subsection (b) for the area in which the \n borrower is located'' after ``$400,000''; and\n (3) by adding at the end the following:\n ``(b)(1) Upon the enactment of this subsection, and not later than \nthe date any Census of Agriculture is completed, the Secretary shall \ncalculate--\n ``(A) the average value of land and buildings in each \n defined area in the United States; and\n ``(B) the adjustment factor for each such area in \n accordance with paragraph (2).\n ``(2) The adjustment factor for any defined area shall be 1.00, \nplus an amount that is directly proportional to the percentage (if any) \nby which the average value of land and buildings in the defined area \nexceeds the average value of land and buildings in the United States. \nThe Secretary shall determine the proportion to be used in calculating \nadjustment factors under this subsection.\n ``(3) As used in paragraph (1), the term `defined area' means--\n ``(A) a county; and\n ``(B) any other area if the Secretary deems it appropriate \n to calculate a separate adjustment factor for the area to \n better serve the credit needs of family farms in the area.''.\n (c) Elimination of Ceiling on Price of Property Which May Be \nAcquired Under the Down Payment Loan Program.--Section 310E of such Act \n(7 U.S.C. 1935) is amended--\n (1) in subsection (b)(1), by inserting ``the lesser of \n $75,000, or'' before ``30''; and\n (2) in subection (c), by striking paragraph (2) and \n redesignating paragraph (3) as paragraph (2).\n\nSEC. 3. HIRED LABOR LIMITS.\n\n (a) Real Estate Loans.--Section 302 of the Consolidated Farm and \nRural Development Act (7 U.S.C. 1922) is amended by adding at the end \nthe following:\n ``(c)(1) The primary factor to be considered in determining whether \nan applicant for a loan under this subtitle is engaged primarily and \ndirectly in farming or ranching shall be whether the applicant is \nparticipating in routine, ongoing farm activities, and in overall \ndecisionmaking with regard to the farm or ranch.\n ``(2) The Secretary may not deny a loan under this subtitle solely \nbecause more than 2 individuals are employed full-time in the farming \noperation for which the loan is sought.''.\n (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is \namended by adding at the end the following:\n ``(d)(1) The primary factor to be considered in determining whether \nan applicant for a loan under this subtitle is engaged primarily and \ndirectly in farming or ranching shall be whether the applicant is \nparticipating in routine, ongoing farm activities, and in overall \ndecisionmaking with regard to the farm or ranch.\n ``(2) The Secretary may not deny a loan under this subtitle solely \nbecause more than 2 individuals are employed full-time in the farming \noperation for which the loan is sought.''.\n (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is \namended by adding at the end the following:\n ``(e)(1) The primary factor to be considered in determining whether \nan applicant for a loan under this subtitle is engaged primarily and \ndirectly in farming or ranching shall be whether the applicant is \nparticipating in routine, ongoing farm activities, and in overall \ndecisionmaking with regard to the farm or ranch.\n ``(2) The Secretary may not deny a loan under this subtitle solely \nbecause more than 2 individuals are employed full-time in the farming \noperation for which the loan is sought.''.\n\nSEC. 4. AVAILABILITY OF CREDIT ELSEWHERE.\n\n Sections 302(a)(4) and 311(a)(4) of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 1922(a)(4) and 1941(a)(4)) are each amended \nby inserting ``and the availability of conventional sources of funds \nfor lending to agricultural producers in the community'' before the \nperiod.\n\nSEC. 5. GROWER-SHIPPER AGREEMENTS.\n\n (a) Real Estate Loans.--Section 302 of the Consolidated Farm and \nRural Development Act (7 U.S.C. 1922) is amended by adding after the \nsubsection added by section 3(a) of this Act the following:\n ``(d) This section shall not be construed to prohibit the Secretary \nfrom making a loan under this subtitle to an applicant therefor who has \nentered into an agreement with a shipper of perishable commodities \nunder which the applicant and the shipper share in the proceeds of the \nsale of an agricultural commodity if--\n ``(1) in the absence of such an agreement, the applicant \n could not easily market the agricultural commodity, or could \n not market the agricultural commodity without incurring \n significant additional risk; and\n ``(2) the agreement is clearly beneficial to the \n applicant.''.\n (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is \namended by adding after the subsection added by section 3(b) of this \nAct the following:\n ``(e) This section shall not be construed to prohibit the Secretary \nfrom making a loan under this subtitle to an applicant therefor who has \nentered into an agreement with a shipper of perishable commodities \nunder which the applicant and the shipper share in the proceeds of the \nsale of an agricultural commodity if--\n ``(1) in the absence of such an agreement, the applicant \n could not easily market the agricultural commodity, or could \n not market the agricultural commodity without incurring \n significant additional risk; and\n ``(2) the agreement is clearly beneficial to the \n applicant.''.\n (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is \namended by adding after the subsection added by section 3(c) of this \nAct the following:\n ``(f) This section shall not be construed to prohibit the Secretary \nfrom making a loan under this subtitle to an applicant therefor who has \nentered into an agreement with a shipper of perishable commodities \nunder which the applicant and the shipper share in the proceeds of the \nsale of an agricultural commodity if--\n ``(1) in the absence of such an agreement, the applicant \n could not easily market the agricultural commodity, or could \n not market the agricultural commodity without incurring \n significant additional risk; and\n ``(2) the agreement is clearly beneficial to the \n applicant.''.\n\nSEC. 6. ELIGIBILITY FOR EMERGENCY LOANS.\n\n Section 321(a)(2)(B) of the Consolidated Farm and Rural Development \nAct (7 U.S.C. 1922(a)(2)(B)) is amended by inserting ``or, in the case \nof holders of the entire interest who are related by blood or marriage \nand all of whom are or will become farm operators, the ownership \ninterest of each such holder separately constitutes not larger than a \nfamily farm, even if their interests collectively constitute larger \nthan a family farm, as defined by the Secretary'' after ``operator of \nnot larger than a family farm''.","summary":"Agricultural Credit Equity Act of 1993 - Amends the Consolidated Farm and Rural Development Act to provide for indexing of guaranteed agricultural real estate and operating loan limits in high cost areas. Eliminates maximum property limits in the down payment loan program. Prohibits the denial of agricultural real estate, operating, or emergency loans based upon: (1) a farm's having more than two full-time employees, or (2) certain grower-shipper agreements.","title":"Agricultural Credit Equity Act of 1993","text_len":9001,"sum_len":462} {"bill_id":"112_s2107","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Preservation through \nIndividual Choice Enhancement Act''.\n\nSEC. 2. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT.\n\n (a) In General.--Section 601 of the Tax Relief, Unemployment \nInsurance Reauthorization, and Job Creation Act of 2010 is amended by \nredesignating subsections (b) through (g) as subsections (c) through \n(i), respectively, and by inserting after subsection (a) the following \nnew subsection:\n ``(b) Election To Take Employee Payroll Tax Cut.--\n ``(1) In general.--Subsection (a) shall apply with respect \n to remuneration received by any individual for services \n rendered in a calendar year (or taxable year beginning in the \n calendar year) in the payroll tax holiday period only if a tax \n holiday election under paragraph (2) is in effect with respect \n to such calendar year.\n ``(2) Tax holiday election.--For purposes of this \n subsection--\n ``(A) In general.--The term `tax holiday election' \n means, with respect to the individual, an election to \n have subsection (a) apply to a calendar year (or \n taxable year beginning in such calendar year) in the \n payroll tax holiday period beginning in or after 2012. \n Any such election shall remain in effect until such \n election is revoked.\n ``(B) When made.--An election with respect to a \n calendar year (and a taxable year beginning in the \n taxable year) may be made before July 1 of the calendar \n year for which such remuneration is received.\n ``(C) Revocation of election.--Subject to such \n conditions as the Secretary deems necessary, an \n individual may revoke an election to have subsection \n (a) apply with respect to a calendar year (and taxable \n year beginning in the calendar year) if such revocation \n is made before July 1 of the calendar year.\n ``(D) Time and manner of election and revocation.--\n Any election and revocation under this subsection shall \n be made at such time and in such manner as the \n Secretary may prescribe.\n ``(3) Special rules.--\n ``(A) 1st employment or self-employment after \n beginning of year.--In the case of an individual whose \n employment or self-employment first commences after the \n beginning of the calendar year or taxable year (as the \n case may be), the election under paragraph (2)(A) shall \n be made before or with the beginning of such \n employment.\n ``(B) Multiple employers.--In the case that an \n individual is employed by more than 1 employer \n (including self-employment) for a period, an election \n or revocation made under this subsection made with \n respect to remuneration from 1 employer shall apply to \n all employers. For purposes of the preceding sentence, \n the most recent valid election or revocation for a \n period shall be the only election or revocation (as the \n case may be) in effect for that period.\n ``(4) Overpayment and underpayment of tax.--\n ``(A) Credit for overpayment.--See sections 6402 \n and 6413 of such Code for provisions relating to \n overpayments of employment taxes.\n ``(B) Underpayment of taxes.--If, by reason of an \n election or revocation under this subsection for a \n calendar year or taxable year, an individual has a \n liability for tax under section 1401(a), 3101(a), \n 3201(a), or 3211(a)(1) of such Code for the taxable \n year beginning with or in the calendar year, for \n purposes of subtitle F of such Code, such liability, \n together with interest on such liability at the \n underpayment rate established under section 6621, shall \n be assessed and collected in the manner prescribed by \n the Secretary.\n ``(5) Regulations.--The Secretary, in consultation with the \n Commissioner of Social Security, shall prescribe such \n regulations or other guidance as may be necessary to carry out \n this subsection. Such regulations or other guidance shall \n include procedures providing for the exchange of information \n between the Secretary and the Commissioner of Social Security \n for purposes of this subsection.''.\n (b) Extension of Retirement Age in Connection With Election To Take \nPayroll Tax Cut.--Section 216(l) of the Social Security Act (42 U.S.C \n416(l)) is amended by adding at the end the following new paragraph:\n ``(4)(A) For each calendar year beginning with or after 2012 for \nwhich section 601(a) of the Tax Relief, Unemployment Insurance \nReauthorization, and Job Creation Act of 2010 applies with respect to \nthe wages received by an individual for services rendered in such year, \nthe retirement age (as defined in paragraph (1)) of such individual \nshall be increased by 1 month.\n ``(B) In the case of any taxable year for which such section 601(a) \napplies (with respect to remuneration received by an individual as \nself-employment income for services rendered in such taxable year), any \ncalendar year in which such taxable year commences shall be treated as \na calendar year for which such section 601(a) applies as described in \nsubparagraph (A).''.","summary":"Social Security Preservation through Individual Choice Enhancement Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to allow individual taxpayers an election to claim the 2 reduction in employment taxes under such Act in any calendar year beginning in or after 2012. Amends title II of the Social Security Act to increase the applicable social security retirement age by one month for each calendar year that a taxpayer elects a reduction in employment taxes under this Act.","title":"A bill to amend the extension of the temporary employee payroll tax holiday to give individuals the choice of whether to participate.","text_len":5876,"sum_len":523} {"bill_id":"109_hr5609","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) Consumers have the right to know that event data \n recorders are installed in their vehicles, that they are \n capable of collecting data recorded in automobile accidents, \n and how such data may be used.\n (2) From the standpoint of consumer privacy rights, most \n consumers are not aware that their vehicles are recording data \n that not only may be used to aid traffic safety analyses, but \n has the potential of being used against them in a civil or \n criminal proceeding, or by their insurer to increase rates.\n (3) There exists no Federal law clarifying the rights of a \n vehicle owner to ownership of the recorded data and, in the \n absence of Federal direction, States have begun to create \n different standards of ownership and rights for recorded data.\n\nSEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES.\n\n (a) Required Disclosure.--In accordance with regulations prescribed \nby the Federal Trade Commission under section 5(c), a dealer shall \ndisclose, to each consumer who purchases a new automobile, in a clear \nand conspicuous written format at the time of purchase, the following \ninformation regarding any event data recorder installed on such new \nautomobile--\n (1) the presence and location of an event data recorder;\n (2) the type of information recorded by the event data \n recorder and how such information is recorded; and\n (3) that the information recorded by the event data \n recorder also may be used in a law enforcement proceeding.\n (b) Required Disclosures in Owner's Manual.--The manufacturer shall \ninclude, in clear and conspicuous language in the owner's manual of any \nnew automobile containing an event data recorder, the disclosures \nrequired by subsection (a).\n\nSEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA.\n\n Any event data recorder in the vehicle and any data recorded on any \nevent data recorder in the vehicle shall be considered the property of \nthe owner of the vehicle. Data that is recorded on any event data \nrecorder may not be downloaded or otherwise retrieved by a person other \nthan the owner of the motor vehicle, except under one of the following \ncircumstances:\n (1) The owner of the motor vehicle or the owner's agent or \n legal representative consents to the retrieval of the \n information.\n (2) In response to an order of a court having jurisdiction \n to issue the order.\n (3) The data is retrieved by a motor vehicle dealer, or by \n an automotive technician for the purpose of diagnosing, \n servicing, or repairing the motor vehicle.\n (4) For the purpose of improving motor vehicle safety, \n including medical research on the human body's reaction to \n motor vehicle accidents, provided that the identity of the \n registered owner or driver is not disclosed in connection with \n that retrieved data.\n\nSEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.\n\n No person may manufacture for sale, sell, offer for sale, introduce \nor deliver into interstate commerce, or import into the United States, \nan automobile manufactured after 2008 (and bearing a model year of 2009 \nor later) that is equipped with an event data recorder, unless such \nevent data recorder includes a function whereby the consumer has the \noption to enable or disable the recording function of the event data \nrecorder. Once disabled, the recording function shall not resume \nfunctioning until the consumer elects to enable such functioning.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Treatment of Violations as Unfair or Deceptive Acts or \nPractices.--A violation of section 2, 3 or 4 shall be treated as a \nviolation of a rule defining an unfair or deceptive act or practice \nprescribed under section 18(a)(1)(B) of the Federal Trade Commission \nAct (15 U.S.C. 57a(a)(1)(B)).\n (b) Federal Trade Commission Authority.--The Federal Trade \nCommission shall enforce this Act in the same manner, by the same \nmeans, and with the same jurisdiction, powers, and duties as though all \napplicable terms and provisions of the Federal Trade Commission Act (15 \nU.S.C. 41 et seq.) were incorporated into and made a part of this Act.\n (c) Rulemaking.--Within 180 days following the enactment of this \nAct, the Federal Trade Commission shall prescribe regulations to carry \nout this Act, including guidelines setting forth a uniform method by \nwhich a dealer may provide the disclosures and options required by \nsection 2.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``consumer'' has the meaning given the term \n ``ultimate purchaser'' in section 2 of the Automobile \n Information Disclosure Act (15 U.S.C. 1231).\n (2) The term ``dealer'' has the meaning given that term in \n section 30102(a) of title 49, United States Code.\n (3) The term ``event data recorder'' means any device or \n means of technology installed in an automobile that records \n information such as vehicle speed, seatbelt use, application of \n brakes or other information pertinent to the operation of the \n automobile.\n (4) The terms ``manufacturer'' and ``new automobile'' have \n the meanings given those terms in section 2 of the Automobile \n Information Disclosure Act (15 U.S.C. 1231).\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act shall take effect 180 days after the date of enactment of \nthis Act.","summary":"Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile. And (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings. Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent, (2) in response to a court order. (3) by a vehicle dealer or an automotive technician for servicing the vehicle. Or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed. Prohibits persons from manufacturing automobiles for sale in the United States after 2008 that are equipped with EDRs, unless those EDRs can be disabled by the consumer. Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.","title":"To require automobile dealers to disclose to consumers the presence of event data recorders, or \"black boxes\", on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.","text_len":5663,"sum_len":1143} {"bill_id":"109_hr4623","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Alternatives for Energy \nIndependence Act of 2005''.\n\nSEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF \n 2005 FOR OIL AND GAS.\n\n (a) Repeal.--The following provisions, and amendments made by such \nprovisions, of the Energy Policy Act of 2005 are hereby repealed:\n (1) Section 1323 (relating to temporary expensing for \n equipment used in refining of liquid fuels).\n (2) Section 1324 (relating to pass through to owners of \n deduction for capital costs incurred by small refiner \n cooperatives in complying with Environmental Protection Agency \n sulfur regulations).\n (3) Section 1325 (relating to natural gas distribution \n lines treated as 15-year property).\n (4) Section 1326 (relating to natural gas gathering lines \n treated as 7-year property).\n (5) Section 1328 (relating to determination of small \n refiner exception to oil depletion deduction).\n (6) Section 1329 (relating to amortization of geological \n and geophysical expenditures).\n (b) Administration of Internal Revenue Code of 1986.--The Internal \nRevenue Code of 1986 shall be applied and administered as if the \nprovisions, and amendments, specified in subsection (a) had never been \nenacted.\n\nSEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND \n BUSINESS USES.\n\n (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the \nInternal Revenue Code of 1986 (relating to maximum credit) is amended \nby striking ``$500'' and inserting ``$1,000''.\n (b) Business Use.--\n (1) Increase.--Subparagraph (B) of section (48)(c)(1) of \n such Code (relating to qualified fuel cell property) is amended \n by striking ``$500'' and inserting ``$1,000''.\n (2) Extension.--Subparagraph (E) of section (48)(c)(1) of \n such Code (relating to termination) is amended by striking \n ``December 31, 2007'' and inserting ``December 31, 2012''.\n\nSEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES.\n\n (a) Increases in Credit.--\n (1) New qualified fuel cell motor vehicle.--Subsection (b) \n of section 30B of such Code (relating to new qualified fuel \n cell motor vehicle credit) is amended--\n (A) in paragraph (1)--\n (i) by striking ``$8,000'' in subparagraph \n (A) and inserting ``$16,000'',\n (ii) by striking ``$10,000'' in \n subparagraph (B) and inserting ``$20,000'',\n (iii) by striking ``$20,000'' in \n subparagraph (C) and inserting ``$40,000'', and\n (iv) by striking ``$40,000'' in \n subparagraph (D) and inserting ``$80,000'', and\n (B) in paragraph (2)(A)--\n (i) by striking ``$1,000'' in clause (i) \n and inserting ``$2,000'',\n (ii) by striking ``$1,500'' in clause (ii) \n and inserting ``$3,000'',\n (iii) by striking ``$2,000'' in clause \n (iii) and inserting ``$4,000'',\n (iv) by striking ``$2,500'' in clause (iv) \n and inserting ``$5,000'',\n (v) by striking ``$3,000'' in clause (v) \n and inserting ``$6,000'',\n (vi) by striking ``$3,500'' in clause (vi) \n and inserting ``$7,000'', and\n (vii) by striking ``$4,000'' in clause \n (vii) and inserting ``$8,000''.\n (2) New advanced lean burn technology motor vehicle.--\n (A) Fuel economy.--The table in clause (i) of \n section 30B(c)(2)(A) of such Code (relating to fuel \n economy) is amended--\n (i) by striking ``$400'' and inserting \n ``$800'',\n (ii) by striking ``$800'' and inserting \n ``$1,600'',\n (iii) by striking ``$1,200'' and inserting \n ``$2,400'',\n (iv) by striking ``$1,600'' and inserting \n ``$3,200'',\n (v) by striking ``$2,000'' and inserting \n ``$4,000'', and\n (vi) by striking ``$2,400'' and inserting \n ``$4,800''.\n (B) Conservation.--The table in subparagraph (B) of \n section 30B(c)(2) of such Code (relating to \n conservation credit) is amended--\n (i) by striking ``$250'' and inserting \n ``$500'',\n (ii) by striking ``$500'' and inserting \n ``$1,000'',\n (iii) by striking ``$750'' and inserting \n ``$1,500'', and\n (iv) by striking ``$1,000'' and inserting \n ``$2,000''.\n (b) Expansion of Number of New Qualified Hybrid and Advanced Lean \nBurn Technology Vehicles Eligible for Credit.--Paragraph (2) of section \n30B(f) of such Code (relating to phaseout) is amended by striking \n``60,000'' and inserting ``120,000''.\n (c) Increase in Credit for Alternative Fuel Vehicle Refueling \nProperty.--Subsection (b) of section 30C of such Code (relating to \nlimitation) is amended--\n (1) in paragraph (1) by striking ``$30,000'' and inserting \n ``$60,000'', and\n (2) in paragraph (2) by striking ``$1,000'' and inserting \n ``$2,000''.\n (d) Extensions of Incentives.--\n (1) New qualified fuel cell motor vehicle.--Paragraph (1) \n of section 30B(j) of such Code (relating to termination) is \n amended by striking ``December 31, 2014'' and inserting \n ``December 31, 2019''.\n (2) Alternative fuel vehicle refueling property.--\n (A) Hydrogen-related property.--Paragraph (1) of \n section 30C(g) of such Code (relating to termination) \n is amended by striking ``December 31, 2014'' and \n inserting ``December 31, 2019''.\n (B) Other fuels-related property.--Paragraph (2) of \n section 30C(g) of such Code (relating to termination) \n is amended by striking ``December 31, 2009'' and \n inserting ``December 31, 2011''.\n (e) Effective Date.--The amendments made by this section shall take \neffect as if included in the provisions of the Energy Policy Act of \n2005 to which they relate.","summary":"Clean Alternatives for Energy Independence Act of 2005 - Repeals certain tax benefits relating to oil and natural gas enacted by the Energy Policy Act of 2005. Amends the Internal Revenue Code to increase: (1) the tax credit for investment in residential and business fuel cell property. (2) the tax credit for investment in fuel cell motor and advanced lean burn technology motor vehicles. (3) the number of hybrid and advanced lean burn technology vehicles eligible for the alternative motor vehicle tax credit. And (4) the tax credit for investment in commercial and residential alternative fuel vehicle refueling property. Extends through 2012 the tax credit for business fuel cell property. Extends through 2019 the tax credits for: (1) investment in qualified fuel cell motor vehicles, (2) investment in alternative fuel vehicle refueling hydrogen-related property .","title":"To repeal tax subsidies for oil and gas enacted by the Energy Policy Act of 2005 and to use the proceeds to double certain alternative energy incentives provided for in such Act.","text_len":6946,"sum_len":872} {"bill_id":"104_s1798","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Irrigation Subsidy Reduction Act of \n1996''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Federal reclamation program has been in existence \n for over 90 years, with an estimated taxpayer investment of \n over $70,000,000,000;\n (2) the program has had and continues to have an enormous \n effect on the water resources and aquatic environments of the \n western States;\n (3) irrigation water made available from Federal water \n projects in the West is a very valuable resource for which \n there are increasing and competing demands;\n (4) the justification for providing water at less than full \n cost was to benefit and promote the development of small family \n farms and exclude large corporate farms, but this purpose has \n been frustrated over the years due to inadequate implementation \n of subsidy and acreage limits;\n (5) below-cost water prices tend to encourage excessive use \n of scarce water supplies in the arid regions of the West, and \n reasonable price increases to the wealthiest western farmers \n would provide an economic incentive for greater water \n conservation;\n (6) the Federal Government has increasingly applied \n eligibility tests based on income for Federal entitlement and \n subsidy programs, measures that are consistent with the \n historic approach of the reclamation program's acreage \n limitations that seek to limit water subsidies to smaller \n farms; and\n (7) including a means test based on gross income in the \n reclamation program will increase the effectiveness of carrying \n out the family farm goals of the Federal reclamation laws.\n\nSEC. 3. AMENDMENTS.\n\n (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982 \n(43 U.S.C. 390bb) is amended--\n (1) by redesignating paragraphs (7), (8), (9), (10), and \n (11) as paragraphs (9), (10), (11), (12), and (13), \n respectively;\n (2) in paragraph (6) by striking ``owned or operated under \n a lease which'' and inserting ``owned, leased, or operated by \n an individual or legal entity and which'';\n (3) by inserting after paragraph (6) the following:\n ``(7) Legal entity.--The term `legal entity' includes a \n corporation, association, partnership, trust, joint tenancy, or \n tenancy in common, or any other entity that owns, leases, or \n operates a farm operation for the benefit of more than 1 \n individual under any form of agreement or arrangement.\n ``(8) Operator.--\n ``(A) In general.--The term `operator'--\n ``(i) means an individual or legal entity \n that operates a single farm operation on a \n parcel (or parcels) of land that is owned or \n leased by another person (or persons) under any \n form of agreement or arrangement (or agreements \n or arrangements); and\n ``(ii) if the individual or legal entity--\n ``(I) is an employee of an \n individual or legal entity, includes \n the individual or legal entity; or\n ``(II) is a legal entity that \n controls, is controlled by, or is under \n common control with another legal \n entity, includes each such other legal \n entity.\n ``(B) Operation of a farm operation.--For the \n purposes of subparagraph (A), an individual or legal \n entity shall be considered to operate a farm operation \n if the individual or legal entity is the person that \n performs the greatest proportion of the decisionmaking \n for and supervision of the agricultural enterprise on \n land served with irrigation water.''; and\n (4) by adding at the end the following:\n ``(14) Single farm operation.--\n ``(A) In general.--The term `single farm operation' \n means the total acreage of land served with irrigation \n water for which an individual or legal entity is the \n operator.\n ``(B) Rules for determining whether separate \n parcels are operated as a single farm operation.--\n ``(i) Equipment- and labor-sharing \n activities.--The conduct of equipment- and \n labor-sharing activities on separate parcels of \n land by separate individuals or legal entities \n shall not by itself serve as a basis for \n concluding that the farming operations of the \n individuals or legal entities constitute a \n single farm operation.\n ``(ii) Performance of certain services.--\n The performance by an individual or legal \n entity of an agricultural chemical application, \n pruning, or harvesting for a farm operation on \n a parcel of land shall not by itself serve as a \n basis for concluding that the farm operation on \n that parcel of land is part of a single farm \n operation operated by the individual or entity \n on other parcels of land.''.\n (b) Identification of Owners, Lessees, and Operators and of Single \nFarm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 39aa et \nseq.) is amended by inserting after section 201 the following:\n\n``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF \n SINGLE FARM OPERATIONS.\n\n ``(a) In General.--Subject to subsection (b), for each parcel of \nland to which irrigation water is delivered or proposed to be \ndelivered, the Secretary shall identify a single individual or legal \nentity as the owner, lessee, or operator.\n ``(b) Shared Decisionmaking and Supervision.--If the Secretary \ndetermines that no single individual or legal entity is the owner, \nlessee, or other individual that performs the greatest proportion of \ndecisionmaking for and supervision of the agricultural enterprise on a \nparcel of land--\n ``(1) all individuals and legal entities that own, lease, \n or perform a proportion of decisionmaking and supervision that \n is equal as among themselves but greater than the proportion \n performed by any other individual or legal entity shall be \n considered jointly to be the owner, lessee, or operator; and\n ``(2) all parcels of land of which any such individual or \n legal entity is the owner, lessee, or operator shall be \n considered to be part of the single farm operation of the \n owner, lessee, or operator identified under subsection (1).\n (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43 \nU.S.C. 390ee) is amended by adding at the end the following:\n ``(d) Single Farm Operations Generating More Than $500,000 in Gross \nFarm Income.--\n ``(1) In general.--Notwithstanding subsections (a), (b), \n and (c), in the case of--\n ``(A) a qualified recipient that reports gross farm \n income from a single farm operation in excess of \n $500,000 for a taxable year; or\n ``(B) a limited recipient that received irrigation \n water on or before October 1, 1981, and that reports \n gross farm income from a single farm operation in \n excess of $500,000 for a taxable year;\n irrigation water may be delivered to the single farm operation \n of the qualified recipient or limited recipient at less than \n full cost to a number of acres that does not exceed the number \n of acres determined under paragraph (2).\n ``(2) Maximum number of acres to which irrigation water may \n be delivered at less than full cost.--The number of acres \n determined under this subparagraph is the number equal to the \n number of acres of the single farm operation multiplied by a \n fraction, the numerator of which is $500,000 and the \n denominator of which is the amount of gross farm income \n reported by the qualified recipient or limited recipient in the \n most recent taxable year.\n ``(3) Inflation adjustment.--\n ``(A) In general.--The $500,000 amount under \n paragraphs (1) and (2) for any taxable year beginning \n in a calendar year after 1997 shall be equal to the \n product of--\n ``(i) $500,000, multiplied by\n ``(ii) the inflation adjustment factor for \n the taxable year.\n ``(B) Inflation adjustment factor.--The term \n `inflation adjustment factor' means, with respect to \n any calendar year, a fraction the numerator of which is \n the GDP implicit price deflator for the preceding \n calendar year and the denominator of which is the GDP \nimplicit price deflator for 1996. Not later than April 1 of any \ncalendar year, the Secretary shall publish the inflation adjustment \nfactor for the preceding calendar year.\n ``(C) GDP implicit price deflator.--For purposes of \n subparagraph (B), the term `GDP implicit price \n deflator' means the first revision of the implicit \n price deflator for the gross domestic product as \n computed and published by the Secretary of Commerce.\n ``(D) Rounding.--If any increase determined under \n subparagraph (A) is not a multiple of $100, the \n increase shall be rounded to the next lowest multiple \n of $100.''.\n (d) Certification of Compliance.--Section 206 of the Reclamation \nReform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows:\n\n``SEC. 206. CERTIFICATION OF COMPLIANCE.\n\n ``(a) In General.--As a condition to the receipt of irrigation \nwater for land in a district that has a contract described in section \n203, each owner, lessee, or operator in the district shall furnish the \ndistrict, in a form prescribed by the Secretary, a certificate that the \nowner, lessee, or operator is in compliance with this title, including \na statement of the number of acres owned, leased, or operated, the \nterms of any lease or agreement pertaining to the operation of a farm \noperation, and, in the case of a lessee or operator, a certification \nthat the rent or other fees paid reflect the reasonable value of the \nirrigation water to the productivity of the land.\n ``(b) Documentation.--The Secretary may require a lessee or \noperator to submit for the Secretary's examination--\n ``(1) a complete copy of any lease or other agreement \n executed by each of the parties to the lease or other \n agreement; and\n ``(2) a copy of the return of income tax imposed by chapter \n 1 of the Internal Revenue Code of 1986 for any taxable year in \n which the single farm operation of the lessee or operator \n received irrigation water at less than full cost.''.\n (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43 \nU.S.C. 390nn) is repealed.\n (f) Administrative Provisions.--\n (1) Penalties.--Section 224(c) of the Reclamation Reform \n Act of 1982 (43 U.S.C. 390ww(c)) is amended--\n (A) by striking ``(c) The Secretary'' and inserting \n the following:\n ``(c) Regulations; Data Collection; Penalties.--\n ``(1) Regulations; data collection.--The Secretary''; and\n (B) by adding at the end the following:\n ``(2) Penalties.--Notwithstanding any other provision of \n law, the Secretary shall establish appropriate and effective \n penalties for failure to comply with any provision of this Act \n or any regulation issued under this Act.''.\n (2) Interest.--Section 224(i) of the Reclamation Reform Act \n of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last \n sentence and inserting the following: ``The interest rate \n applicable to underpayments shall be equal to the rate \n applicable to expenditures under section 202(3)(C).''.\n (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982 \n(43 U.S.C. 390zz) is amended by inserting ``operator or'' before \n``contracting entity'' each place it appears.\n (h) Memorandum of Understanding.--The Reclamation Reform Act of \n1982 (43 U.S.C. 390aa et seq.) is amended--\n (1) by redesignating sections 229 and 230 as sections 230 \n and 231; and\n (2) by inserting after section 228 the following:\n\n``SEC. 229. MEMORANDUM OF UNDERSTANDING.\n\n ``The Secretary, the Secretary of the Treasury, and the Secretary \nof Agriculture shall enter into a memorandum of understanding or other \nappropriate instrument to permit the Secretary, notwithstanding section \n6103 of the Internal Revenue Code of 1986, to have access to and use of \navailable information collected or maintained by the Department of the \nTreasury and the Department of Agriculture that would aid enforcement \nof the ownership and pricing limitations of Federal reclamation law.''.","summary":"Irrigation Subsidy Reduction Act of 1996 - Amends the Reclamation Reform Act of 1982 to define the terms legal entity, operator, and single farm operation. Directs the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator. Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year. Or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount. Provides an inflation adjustment for calendar years after 1997. Requires lessees of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost. Repeals a provision exempting district lands held in trust from Federal reclamation ownership and cost pricing limitations. Directs the Secretary to establish penalties for failure to comply with provisions of the Act. Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law.","title":"Irrigation Subsidy Reduction Act of 1996","text_len":14059,"sum_len":1738} {"bill_id":"110_hr6990","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Independent Fannie Mae and Freddie \nMac Investigative Commission Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The United States has suffered tremendously from the \n irresponsible and unchecked growth of the mortgage industry \n which proliferated under the policies of Fannie Mae and Freddie \n Mac.\n (2) The Federal conservatorship of Fannie Mae and Freddie \n Mac may cost the American people a minimum of $200,000,000,000, \n and potentially $2.4 trillion, making it potentially the \n largest financial bailout in our Nation's history.\n (3) The American people, forced to shoulder the financial \n burden of the bailout, deserve to know what went wrong and why.\n (4) Any executive officers and members of the boards of \n directors at Fannie Mae and Freddie Mac who may have exercised \n poor judgment or committed wrongdoing should be held \n accountable for such judgments and actions.\n (5) In June 2003, Freddie Mac disclosed that it had \n misstated its earnings by roughly $5 billion between the years \n 2000 and 2002 to smooth the appearance of quarterly volatility \n in earnings and to meet Wall Street expectations.\n (6) In December 2004, the Securities and Exchange \n Commission found that Fannie Mae had violated accounting rules \n and needed to restate its earnings by recording a loss of up to \n $9 billion from 2001 to 2004 based on board policies \n established prior to that period.\n (7) The shareholders of Fannie Mae and Freddie Mac and the \n employees and directors of the boards of these enterprises have \n enjoyed large dividends, bonuses, salaries, and other \n compensation based on policies and practices that may have been \n misguided or fraudulent.\n (8) In 2007, former Freddie Mac Chairman and Chief \n Executive Richard Syron alone received nearly $18,300,000 in \n compensation, despite the fact that the enterprise's stock lost \n half its value.\n (9) Last year, former Fannie Mae President and Chief \n Executive Daniel Mudd received compensation valued at \n $11,600,000.\n (10) Previous investigations of Fannie Mae and Freddie Mac \n have focused on accounting fraud, but there have not been any \n investigations on the policies and decisions that contributed \n to and exacerbated our Nation's housing crisis and financial \n collapse of these corporations.\n (11) According to the Office of Federal Housing Enterprise \n Oversight, regulation allowed Freddie Mac and Fannie Mae to \n overleverage and operate with just $83.2 billion of capital at \n the end of 2007, even though it supported $5.2 trillion of debt \n and guarantees.\n (12) Although the executive officers of Fannie Mae and \n Freddie Mac have come under scrutiny, their boards of directors \n have been held harmless throughout the Nation's housing crisis, \n despite having the authority to create, influence, and vote for \n the policies of such enterprises.\n (13) The involvement of the boards of directors in the \n policies of Fannie Mae and Freddie Mac has been shrouded in \n secrecy, as their policymaking decisions have not been publicly \n disclosed, despite the public protections and benefits their \n enterprises receive.\n (14) There is a need to fully understand what went wrong in \n the management of Fannie Mae and Freddie Mac and the misguided, \n potentially fraudulent board policies and practices that \n ultimately led to the Federal conservatorship of such \n enterprises so that similar mistakes will not be repeated in \n the future.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the ``Independent \nFannie Mae and Freddie Mac Investigative Commission'' (in this Act \nreferred to as the ``Commission''). The Commission shall function upon \nthe legislation being signed by the President of the United States and \nwill conduct its investigations for a period of two years, issuing a \nfinal report upon completion with necessary hearings and assembly of \nrelated records for the period following the savings and loan crisis of \nthe 1980s to the present.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n The Commission shall investigate, determine, and make \nrecommendations with respect to the following:\n (1) The policies, practices, and board decisions of Fannie \n Mae and Freddie Mac from the 1990s through the present that led \n to the enterprises' financial instability and the subsequent \n Federal conservatorship of such enterprises.\n (2) Fannie Mae and Freddie Mac's involvement, if any, in \n the creation and proliferation of the securitized mortgage \n instrument, and how such instrument affected the solvency of \n such enterprises.\n (3) The role of the boards of directors of Fannie Mae and \n Freddie Mac in developing the accounting and financial risk \n policies of such enterprises, particularly as they relate to \n subprime mortgages and the international securitization of \n mortgages.\n (4) The actions of each board member or members, executive \n officer or officers, or the board member or members and \n executive officer or officers responsible for making the \n financial decisions to grow such enterprises' portfolios of \n subprime mortgage loans.\n (5) The board member or members, executive officer or \n officers, or the board member or members and executive officer \n or officers responsible for making the decisions that may have \n encouraged the proliferation of the subprime mortgage industry.\n (6) The decisions that contributed to the overvaluation of \n risky mortgage investments in the stock market and to the \n growth of the subprime mortgage industry.\n (7) The annual compensation, stock options, and other \n financial benefits that accrued to each of Fannie Mae and \n Freddie Mac's executive officers and members of their boards of \n directors from 1990 to 2008.\n (8) The board members, if any, who financially benefitted \n from their appointment to either board of directors and\/or \n through the decisions of such board.\n (9) The tracking of political contributions to Presidential \n and congressional elections and campaign funds that served to \n influence U.S. housing policy by board members, officers, and \n employees.\n (10) The appropriate role of Fannie Mae and Freddie Mac in \n the U.S. housing market nationwide and regionally.\n (11) Such other matters that the President or the Congress \n may place before the Commission.\n (12) The Commission shall possess full subpoena power and \n authority to hire necessary staff to conduct its affairs.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 9 \nmembers appointed by the President as follows:\n (1) One member who shall serve as the Chairperson, shall be \n appointed with the advice of the Senate.\n (2) Eight members, not more than four of whom shall be \n members of the same political party, to be appointed based on \n recommendations from the Speaker and the minority leader of the \n House of Representatives, and the majority leader and minority \n leader of the Senate, who shall each submit the names of two \n recommended candidates to the President.\n (b) Terms.--Each member shall be appointed for the life of the \nCommission.\n (c) Vacancies.--A vacancy on the Commission shall be filled in the \nmanner in which the original appointment was made for the remainder of \nthat term. If there is a vacancy in the Chair of the Commission, the \nremaining members of the Commission may choose from among the members \nan interim Chairperson to serve until a new Chairperson is appointed.\n\nSEC. 6. COMPENSATION.\n\n Members of Congress.--Members of the Commission who are Members of \nCongress shall not receive additional pay, allowances, or benefits by \nreason of their service on the Commission, but, as permitted by law, \nmay be reimbursed for travel, subsistence, and other necessary expenses \nincurred when performing duties of the Commission.\n\nSEC. 7. COMMISSION HIRING ALLOWANCE.\n\n Such sums as are necessary shall be appropriated to conduct the \nactivities of the Commission but shall be no less than $5 million \nannually. Recovery of any assets fraudulently accruing to members of \nthe boards of directors shall be returned to the general Treasury to \noffset such expenditures.","summary":"Independent Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Independent Fannie Mae and Freddie Mac Investigative Commission to investigate and issue a final report on the period following the savings and loan crisis of the 1980s to the present. Requires the Commission to investigate: (1) the policies, practices, and board decisions of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation from the 1990s through the present that led to their financial instability and subsequent federal conservatorship. (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected their solvency. (3) the role of their boards of directors in developing their accounting and financial risk policies. (4) the actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow the enterprises' portfolios of subprime mortgage loans. And (5) the board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry.","title":"To establish the independent Fannie Mae and Freddie Mac Investigative Commission to investigate the actions of officers and directors at Fannie Mae and Freddie Mac responsible for making the decisions that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises, and any financial gain that accrued to such officers and directors.","text_len":9100,"sum_len":1349} {"bill_id":"115_hr919","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Portable Fuel Container Safety Act \nof 2017''.\n\nSEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL \n CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION \n SOURCES.\n\n (a) Rule on Safety Performance Standards Required.--Not later than \n30 months after the date of enactment of this section, the Consumer \nProduct Safety Commission shall promulgate a final rule for flame \nmitigation devices in portable fuel containers that impedes the \npropagation of flame into the container, except as provided in \nsubsection (c).\n (b) Rulemaking; Consumer Product Safety Standard.--A rule under \nsubsection (a)--\n (1) shall be promulgated in accordance with section 553 of \n title 5, United States Code; and\n (2) shall be treated as a consumer product safety rule \n promulgated under section 9 of the Consumer Product Safety Act \n (15 U.S.C. 2058).\n (c) Exception.--\n (1) Voluntary standard.--Subsection (a) shall not apply if \n the Commission determines that--\n (A) there is a voluntary standard for flame \n mitigation devices in portable fuel containers that \n impedes the propagation of flame into the container;\n (B) the voluntary standard is or will be in effect \n not later than 18 months after the date of enactment of \n this Act; and\n (C) the voluntary standard is developed by \n Subcommittee F15 of ASTM International or such other \n standard development organization that the Commission \n determines to have met the intent of this Act.\n (2) Determination required to be published in the federal \n register.--Any determination made by the Commission under this \n subsection shall be published in the Federal Register.\n (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If \nthe Commission determines that a voluntary standard meets the \nconditions described in subsection (c), the requirements of such \nvoluntary standard shall be treated as a consumer product safety rule \npromulgated under section 9 of the Consumer Product Safety Act \nbeginning on the date which is the later of--\n (1) 180 days after publication of the Commission's \n determination under subsection (c); or\n (2) the effective date contained in the voluntary standard.\n (e) Revision of Voluntary Standard.--\n (1) Notice to commission.--If the requirements of a \n voluntary standard that meet the conditions of subsection (c) \n are subsequently revised, the organization that revised the \n standard shall notify the Commission not later than 60 days \n after the final approval of the revision.\n (2) Effective date of revision.--Not later than 180 days \n after the Commission is notified of a revised voluntary \n standard described in paragraph (1) (or such later date as the \n Commission determines appropriate), such revised voluntary \n standard shall become enforceable as a consumer product safety \n rule promulgated under section 9 of the Consumer Product Safety \n Act, in place of the prior version, unless within 90 days after \n receiving the notice the Commission determines that the revised \n voluntary standard does not meet the requirements described in \n subsection (c).\n (f) Future Rulemaking.--The Commission, at any time after \npublication of the consumer product safety rule required by subsection \n(a), a voluntary standard is treated as a consumer product safety rule \nunder subsection (d), or a revision is enforceable as a consumer \nproduct safety rule under subsection (e) may initiate a rulemaking in \naccordance with section 553 of title 5, United States Code, to modify \nthe requirements or to include any additional provision that the \nCommission determines is reasonably necessary to protect public health \nor safety. Any rule promulgated under this subsection shall be treated \nas a consumer product safety rule promulgated under section 9 of the \nConsumer Product Safety Act.\n (g) Action Required.--\n (1) Education campaign.--Not later than 1 year after the \n date of enactment of this Act, the Commission shall undertake a \n campaign to educate consumers about the dangers associated with \n using or storing portable fuel containers for flammable liquids \n near an open flame or any other source of ignition.\n (2) Summary of actions.--Not later than 2 years after the \n date of enactment of this Act, the Commission shall submit to \n Congress a summary of actions taken by the Commission in such \n campaign.\n (h) Portable Fuel Container Defined.--In this section, the term \n``portable fuel container'' means any container or vessel (including \nany spout, retrofit spout, cap, and other closure mechanism or \ncomponent of such container or vessel)--\n (1) intended for flammable liquid fuels, including \n gasoline, kerosene, diesel, ethanol, methanol, denatured \n alcohol, biofuels, or liquids with a flash point less than 140 \n degrees Fahrenheit;\n (2) that is a consumer product with a capacity of 5 gallons \n or less; and\n (3) that the manufacturer knows or reasonably should know \n is used by consumers for receiving, transporting, storing, and \n dispensing flammable liquid fuels.\n (i) Rule of Construction.--This section may not be interpreted to \nconflict with the Children's Gasoline Burn Prevention Act (Public Law \n110-278; 122 Stat. 2602).\n\nSEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.\n\n (a) Amendment.--Section 2(c) of the Children's Gasoline Burn \nPrevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by \ninserting after ``for use by consumers'' the following: ``and any \nreceptacle for gasoline, kerosene, or diesel fuel, including any spout, \nretrofit spout, cap, and other closure mechanism and component of such \nreceptacle, produced or distributed for sale to or use by consumers for \ntransport of, or refueling of internal combustion engines with, \ngasoline, kerosene, or diesel fuel''.\n (b) Applicability.--The amendment made by subsection (a) shall take \neffect 6 months after the date of enactment of this section.","summary":"Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel.","title":"Portable Fuel Container Safety Act of 2017","text_len":6528,"sum_len":1337} {"bill_id":"115_hr619","text":"SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION.\n\n Section 3503 of title 46, United States Code, is amended to read as \nfollows:\n``Sec. 3503. Fire-retardant materials\n ``(a)(1) A passenger vessel of the United States having berth or \nstateroom accommodations for at least 50 passengers shall be granted a \ncertificate of inspection only if--\n ``(A) the vessel is constructed of fire-retardant \n materials; and\n ``(B) the vessel--\n ``(i) is operating engines, boilers, main \n electrical distribution panels, fuel tanks, oil tanks, \n and generators that meet current Coast Guard \n regulations;\n ``(ii) is operating boilers and main electrical \n generators that are contained within noncombustible \n enclosures equipped with fire suppression systems; and\n ``(iii) has multiple forms of egress off the \n vessel's bow and stern.\n ``(2) Before December 1, 2028, this section does not apply to any \nvessel in operation before January 1, 1968, and operating only within \nthe Boundary Line.\n ``(b)(1) When a vessel is exempted from the fire-retardant \nstandards of subsection (a)--\n ``(A) the owner or managing operator of the vessel shall--\n ``(i) notify in writing prospective passengers, \n prior to the sale of any ticket for boarding and to be \n affirmatively recognized by such passenger prior to \n purchase, and any crew member that the vessel does not \n comply with applicable fire safety standards due \n primarily to the wooden construction of passenger \n berthing areas; and\n ``(ii) display in clearly legible font prominently \n throughout the vessel, including in each state room the \n following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY \n RULES AND REGULATIONS OF THE U.S. COAST GUARD.';\n ``(B) the owner or managing operator of the vessel--\n ``(i) may not disclaim liability to a passenger or \n crew member for death, injury, or any other loss caused \n by fire due to the negligence of the owner or managing \n operator; and\n ``(ii) shall acquire prior to entering service, and \n maintain, liability insurance in an amount to be \n prescribed by the Federal Maritime Commission;\n ``(C) the penalties provided in section 3504(c) of this \n title apply to a violation of this subsection;\n ``(D) the owner or managing operator of the vessel shall--\n ``(i) make annual structural alteration to not less \n than 10 percent of the areas of the vessel that are not \n constructed of fire retardant materials;\n ``(ii) prioritize alterations in galleys, \n engineering areas of the vessel, including all spaces \n and compartments containing, or adjacent to spaces and \n compartments containing, engines, boilers, main \n electrical distribution panels, fuel tanks, oil tanks, \n and generators;\n ``(iii) ensure, to the satisfaction of the Coast \n Guard, that the combustible fire-load has been reduced \n pursuant to clause (i) during each annual inspection \n for certification; and\n ``(iv) provide advance notice to the Coast Guard \n regarding the structural alterations made pursuant to \n clause (i) and comply with any noncombustible material \n requirements prescribed by the Coast Guard;\n ``(E) the Coast Guard, in making the determination required \n in subparagraph (D)(iii), shall consider, to the extent \n practicable, the goal of preservation of the historic integrity \n of the vessel in areas carrying or accessible to passengers or \n generally visible to the public;\n ``(F) the owner or managing operator of the vessel shall \n annually notify all ports of call and State emergency \n management offices of jurisdiction that the vessel does not \n comply with applicable fire safety standards due primarily to \n the wooden construction of passenger berthing areas;\n ``(G) the crews manning such vessel shall receive \n specialized training, above minimum standards, in regards to \n shipboard firefighting that is specialized for exempted vessels \n and approved by the Coast Guard; and\n ``(H) the owner or managing operator of the vessel shall, \n to the extent practicable, take all steps to retain previously \n trained crew knowledgeable of such vessel or to hire crew \n trained in operations aboard exempted vessels.\n ``(2) The Secretary shall conduct an annual audit and inspection of \nany vessel exempted from the fire-retardant standards of subsection \n(a).\n ``(c) The Secretary shall prescribe regulations to carry out this \nsection. Such regulations shall include the manner in which prospective \npassengers are to be notified.\n ``(d) In addition to other penalties permitted by law, the \nSecretary is authorized to immediately withdraw a certificate of \ninspection for a passenger vessel that does not comply with any \nrequirement under this section.''.","summary":"This bill revises the requirements for passenger vessels that are exempt from fire-retardant materials standards. Vessels in operation before January 1, 1968, that operate within inland waterways are exempt from the new requirements until December 1, 2028. Exempt vessel operators must follow certain requirements including notifying prospective passengers in writing prior to the sale of any ticket for boarding and making annual structural alterations to at least 10 of areas of the vessel that are not constructed of fire-retardant materials. Additionally, the Department of Transportation (DOT)must conduct an annual inspection of any vessel that is exempted from fire-retardant materials standards. DOTmay withdraw a certificate of inspection for any vessel that does not comply with requirements under this bill.","title":"To amend title 46, United States Code, to exempt old vessels that only operate within inland waterways from the fire-retardant materials requirement if the owners of such vessels make annual structural alterations to at least 10 percent of the areas of the vessels that are not constructed of fire-retardant materials and for other purposes.","text_len":5596,"sum_len":818} {"bill_id":"107_hr3451","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Student Success Act of 2001''.\n\n TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS\n\nSEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.\n\n (a) Purpose.--It is the purpose of this title to authorize \nindividuals to enter into contracts for the purposes of obtaining funds \nfor the payment of tuition and other related expenses of postsecondary \neducation by agreeing to pay to the holder of the contract a specified \npercentage of the individual's future earned income.\n (b) Lawfulness of Contracts; Preemption.--Any human capital \ninvestment contract that complies with the requirements of section 102 \nshall be a valid, binding, and enforceable contract notwithstanding any \nState law limiting or otherwise regulating assignments of future wages \nor other income.\n\nSEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS.\n\n (a) Definition of Human Capital Investment Contract.--For purposes \nof this title, the term ``human capital investment contract'' means an \nagreement between an eligible student and any other person under which \nthe eligible student sells and assigns specified percentages of the \neligible student's future income, for a specified period of time, in \nexchange for payments to or on behalf of such student for--\n (1) the tuition and related expenses of attendance by the \n student at an eligible institution, and\n (2) any income taxes owed by the student as a consequence \n of the receipt of such payments.\n (b) Terms and Conditions of Agreements.--A human capital investment \ncontract complies with the requirements of this section if the contract \ncomplies with each of the following conditions:\n (1) Specified percentage of earned income.--A human capital \n investment contract shall specify the percentages of future \n earned income which the student will be obligated to pay, \n except that the contract--\n (A) shall specify the maximum amount of earned \n income for each year to which such specified percentage \n shall apply;\n (B) shall provide a schedule of reductions in such \n percentage if the student's earned income from full-\n time employment is less than amounts specified in the \n contract; and\n (C) may specify a schedule of increases in such \n percentage if the student obtains a deferral under \n paragraph (6), subject to the limitation in paragraph \n (2).\n (2) Aggregate limitation on obligation.--No eligible \n student may enter into any human capital investment contract if \n the total percentage of such student's future earned income \n that the student agrees to pay under that contract, and any \n other human capital investment contracts of such student, \n exceeds 20 percent of such future earned income.\n (3) Specified duration; extension of period for \n deferrals.--A human capital investment contract shall specify \n the maximum period of time during which the student will be \n obligated to pay a portion of the student's future earned \n income from full-time employment, except that--\n (A) except as provided in subparagraph (B), such \n period may not exceed 180 months; and\n (B) such contract may provide that such period may \n be extended by the number of months during which the \n student obtains a deferral of payments under paragraph \n (5) or (6).\n (4) Commencement of repayment.--A human capital investment \n contract shall provide that the student is not obligated to \ncommence payments, and that the deferral period in paragraph (5) does \nnot begin to toll, until the student--\n (A) ceases to carry at an eligible institution at \n least the minimum academic workload set forth in the \n contract; or\n (B) ceases to be eligible to meet the deferral \n requirements set forth in paragraph (6).\n (5) Deferral for under-employment or unemployment.--A human \n capital investment contract shall provide that the student may \n obtain a deferral of the obligation to make payments under the \n contract during any period in which the student is unemployed, \n except that the contract may provide that, if the student is \n unemployed for longer than a maximum period specified in the \n contract, the student agrees to extinguish obligations under \n the contract by payment of--\n (A) the amounts determined in accordance with \n paragraph (7), and\n (B) any related administrative costs of collecting \n such amounts, including attorney's fees.\n (6) Deferral during periods of graduate study.--A human \n capital investment contract shall provide that a student who is \n enrolled or accepted for enrollment in a postgraduate degree \n program is not obligated to commence payments under the \n contract until the student ceases to carry a full-time academic \n workload leading to such a degree at an eligible institution, \n except that the contract may provide that the maximum period \n for which payments may be deferred pursuant to this paragraph \n shall not exceed 48 months.\n (7) Accelerated repayment.--A human capital investment \n contract shall specify the terms and conditions by which the \n student may extinguish the student's obligations under the \n contract before the end of the payment period specified in the \n human capital investment contract, based on the remaining term \n of such period.\n (c) Required Disclosures.--A human capital investment contract does \nnot comply with the requirements of this section unless the eligible \nstudent is provided, before entry into agreement, a disclosure document \nthat clearly and simply discloses that--\n (1) the agreement is not a debt instrument, and that the \n amount the student will be required to pay under the \n agreement--\n (A) may be more or less than the amount provided to \n the student; and\n (B) will vary in proportion to the student's future \n earned income;\n (2) the obligations of the student under the agreement are \n not dischargeable under bankruptcy law;\n (3) the obligations of the student under the agreement may \n be extinguished by accelerating payments, as specified in the \n agreement; and\n (4) the duration of the student's obligations under the \n agreement (absent such accelerating payments).\n\nSEC. 103. DEFINITIONS.\n\n As used in this title--\n (1) Earned income.--\n (A) The term ``earned income'' means compensation \n and self-employment income.\n (B) The term ``compensation'' means the gross \n amount of salaries, wages, and other remunerations \n earned by the student as an employee, not taking into \n account any deferred compensation arrangements or any \n payments to any retirement, pension, or other benefit \n plan.\n (C) The term ``self-employment income'' means the \n net earnings from self-employment, as defined in \n section 1402 of the Internal Revenue Code of 1986, and \n regulations prescribed thereunder.\n (2) Eligible student.--The term ``eligible student'' means \n any person--\n (A) who is a citizen or national of the United \n States, a permanent resident of the United States, able \n to provide evidence from the Immigration and \n Naturalization Service that he or she is in the United \n States for other than a temporary purpose with the \n intention of becoming a citizen or permanent resident, \n or permanent resident of the Trust Territory of the \n Pacific Islands, Guam, the Northern Mariana Islands;\n (B) who is enrolled or accepted for enrollment in a \n degree, certificate, or other program (including a \n program of study abroad approved for credit by the \n eligible institution at which such student is enrolled) \n leading to a recognized educational credential at an \n eligible institution of higher education; and\n (C) who is not enrolled in an elementary or \n secondary school.\n (3) Eligible institution.--The term ``eligible \n institution'' means an institution of higher education as such \n term is defined in section 481(a) of the Higher Education Act \n of 1965 (20 U.S.C. 1088(a)).\n (4) Full-time employment; period of no employment.--\n Determinations of full-time employment in a given calendar year \n shall be based on an average employment of 35 hours (or more) \n per week during such year (a total of 1,820 hours or more for \n the year). Determinations of period of no employment of a \n student shall be determined separately for each calendar year \n and expressed as a whole number of weeks and shall be based on \n the excess, if any, of 1,820 over the total number of hours of \n employment of the student during the year, divided by 35, and \n rounded down to the nearest whole number.\n (5) State law.--\n (A) The term ``State law'' means any law, decision, \n rule, regulation, or other action having the effect of \n a law of any State or any political subdivision of a \n State, or any agency or instrumentality of a State or \n political subdivision of a State, except that a law of \n the United States applicable only to the District of \n Columbia shall be treated as a State law (rather than a \n law of the United States).\n (B) The term ``State'' includes, in addition to the \n several States of the Union, the Commonwealth of Puerto \n Rico, the District of Columbia, Guam, American Samoa, \n the Virgin Islands, the government of the Northern \n Mariana Islands, and the Trust Territory of the Pacific \n Islands.\n\n TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS\n\nSEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS.\n\n (a) In General.--Section 7701 of the Internal Revenue Code of 1986 \nis amended by redesignating subsection (m) as subsection (n) and by \ninserting after subsection (l) the following new subsection:\n ``(m) Human Capital Investment Contracts.--A human capital \ninvestment contract (as defined in section 102 of the Student Success \nAct of 2001) shall not be treated as a debt instrument for purposes of \nthis title, and amounts received by the student for entering into such \na contract shall be includible in such student's gross income for \npurposes of subtitle A.''\n (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 \n(relating to depreciation) is amended by redesignating subsection (h) \nas subsection (i) and by inserting after subsection (g) the following \nnew subsection:\n ``(h) Human Capital Investment Contracts.--If a depreciation \ndeduction is allowable under subsection (a) with respect to any human \ncapital investment contract (as defined in section 102 of the Student \nSuccess Act of 2001), such deduction--\n ``(1) shall be allowable beginning with the taxable year \n during which the student is first obligated to begin payments \n under the contract, and\n ``(2) shall be computed by using the straight-line method \n and a useful life equal to the shorter of--\n ``(A) 15 years, or\n ``(B) the maximum period the student is obligated \n to make payments under the contract (determined without \n regard to any extension of such period by reason of a \n deferral).''\n (c) Deduction for Payments.--\n (1) In general.--Part VII of subchapter B of chapter 1 of \n such Code is amended by redesignating section 221 as section \n 222 and by inserting after section 220 the following new \n section:\n\n``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS.\n\n ``In the case of an individual who is obligated to make payments \nunder a human capital investment contract (as defined in section 102 of \nthe Student Success Act of 2001), there shall be allowed as a deduction \nthe amount of such payments made during the taxable year.''\n (2) Deduction allowable in determining adjusted gross \n income.--Subsection (a) of section 62 of such Code is amended \n by inserting after paragraph (16) the following new paragraph:\n ``(17) Human capital investment contract payments.--The \n deduction allowed by section 221.''\n (3) Clerical amendment.--The table of sections for part VII \n of subchapter B of chapter 1 of such Code is amended by \n striking the last item and inserting the following new items:\n\n ``Sec. 221. Payments under human capital \n investment contracts.\n ``Sec. 222. Cross reference.''\n (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph \n(1) of section 7704(d) of such Code is amended by striking ``and'' at \nthe end of subparagraph (F), by striking the period at the end of \nsubparagraph (G) and inserting ``, and'', and by inserting after \nsubparagraph (G) the following new subparagraph:\n ``(H) income derived from, or gain from the sale or \n other disposition of any human capital investment \n contract (as defined in section 102 of the Student \n Success Act of 2001).''\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\n TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT \n CONTRACTS\n\nSEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT \n COMPANIES.\n\n Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. \n80a-2) is amended by inserting ``human capital investment contracts (as \nsuch term is defined in section 102 of the Student Success Act of \n2001),'' after ``relating to foreign currency,''.\n\n TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT \n CONTRACTS.\n\nSEC. 401. EXCEPTION TO DISCHARGE.\n\n Section 523(a) of title 11, United States Code, is amended--\n (1) in paragraph (17) by striking ``and'' at the end,\n (2) in paragraph (18) by striking the period at the end and \n inserting ``; and'', and\n (3) by adding at the end the following:\n ``(19) for a payment owed by the debtor as a result of a \n payment made to or for the benefit of the debtor, under a human \n capital investment contract (as defined in section 102 of the \n Student Success Act of 2001 unless--\n ``(A) such payment owed by the debtor first became \n due more than 7 years (exclusive of any applicable \n suspension of the debtor's payment period) before the \n date of the filing of the petition; or\n ``(B) excepting such debt from discharge under this \n paragraph will impose an undue hardship on the debtor \n and the debtor's dependents.''.\n\n TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL \n INVESTMENT CONTRACTS.\n\nSEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF \n FINANCIAL NEED.\n\n Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. \n1087vv(a)) is amended--\n (1) in paragraph (1), by striking ``paragraph (2)'' and \n inserting ``paragraphs (2) and (3)''; and\n (2) by adding at the end the following new paragraph:\n ``(3) No portion of any amounts received by a student for entering \ninto a human capital investment contract (as defined in section 102 of \nthe Student Success Act of 2001) shall be included as income or assets \nin the computation of expected family contribution for any program \nfunded in whole or in part under this Act.''.","summary":"Student Success Act of 2001 - Authorizes individuals to enter into human capital investment contracts (HCICs) to obtain funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes. And (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC. Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation. Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies. Amends Federal bankruptcy law to except from discharge in bankruptcy, under certain conditions, any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC. Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.","title":"To enable the use of human capital investment contracts for the purposes of financing postsecondary education, and for other purposes.","text_len":17187,"sum_len":1793} {"bill_id":"111_hr3008","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Strategic Gasoline Reserve \nfor Purposes of National Security Act of 2009''.\n\nSEC. 2. STRATEGIC GASOLINE RESERVE.\n\n (a) Establishment.--\n (1) Authority.--The Secretary of Energy shall establish a \n Strategic Gasoline Reserve system (in this section referred to \n as the ``Gasoline Reserve'') with a total capacity of \n 10,000,000 barrels of regular unleaded gasoline.\n (2) Reserve locations.--No later than 1 year after the date \n of enactment of this Act, the Secretary shall determine \n strategic locations for no less than three and no more than \n five Gasoline Reserve sites, each located in a different \n geographical region of the United States. When determining site \n locations, the Secretary shall consider all factors, including \n seasonal and regional variations in gasoline, cost, regional \n population, accessibility for distribution, and the region's \n vulnerability to natural disasters and acts of terrorism. The \n Secretary shall endeavor to find the most affordable method for \n storage and, when possible, should consult the methodology used \n for the creation of the Home Heating Oil Reserve and the \n Strategic Petroleum Reserves. Such reserve site locations shall \n be operational within 2 years after the date of enactment of \n this Act.\n (3) Onsite protection.--In establishing the Gasoline \n Reserve under this section, the Secretary shall confer with the \n Secretary of Transportation and the Secretary of Homeland \n Security with respect to physical structures' security, the \n transportation security, and operational security.\n (b) Transportation.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Energy shall transmit to the \nCongress, the Secretary of Homeland Security, and the Governor of each \nState in which a Gasoline Reserve will be sited a plan for the \ntransportation of the contents of the Gasoline Reserve under this \nsection to wholesale or retail markets in the event of an emergency \nsale under subsection (d).\n (c) Capacity.--The Secretary of Energy shall complete the process \nof filling the Gasoline Reserve to a minimum of 90 percent within 2 \nyears of submitting a transportation plan to the Congress.\n (d) Aging Supply.--The Secretary shall conduct an annual review of \nthe gasoline supply to ensure the reserves in the Gasoline Reserve do \nnot exceed their shelf life. The Secretary shall have in place within 2 \nyears of enactment of this Act a plan for assuring that the inventory \nis sold and replaced in a manner that assures the integrity of the \nproduct at all times. The Secretary shall have the authority to \nexchange an aging supply of reserve gasoline through private sales or \nby utilizing the fuel for military or government use. The Secretary \nshall seek the best means to minimize transaction expense.\n (e) Requests for Emergency Sale Authorization.--The Secretary of \nEnergy shall sell gasoline from the Gasoline Reserve if--\n (1) the Governor of an affected State submits a written \n request that--\n (A) provides sufficient evidence that the sale or \n supply of gasoline in the region in which such State is \n located has been severely disrupted, caused by, but not \n limited to, an interruption in the normal distribution \n or availability of gasoline which dramatically affects \n the price of gasoline; and\n (B) provides sufficient evidence that the State \n would experience further adverse effects without the \n sale of gasoline from the Gasoline Reserve; and\n (2) the President issues an Executive order requiring \n immediate release from any or all Gasoline Reserves at any time \n that the President determines that the conditions specified in \n paragraph (1)(A) are satisfied.\n (f) Procedure.--\n (1) Secretary's response.--The Secretary of Energy shall \n respond to a request transmitted under subsection (e) within 7 \n days of receipt of a request through a written response, \n regardless of the decision.\n (2) Additional information.--The Secretary may request \n additional information if the Secretary concludes there are \n insufficient reasons provided for the sale of gasoline from the \n Gasoline Reserve system.\n (g) Purchase.--The Secretary of Energy is authorized to conduct \npurchases and sales of gasoline at wholesale for maintenance of the \nGasoline Reserve system. In conducting these transactions, the \nSecretary shall--\n (1) ensure that the overall supply returns to a minimum 90 \n percent capacity in a timely manner following a sizeable \n depletion due to an emergency; and\n (2) assess market conditions to avoid, to the extent \n possible, when prices appear to be at higher levels unlikely to \n be sustained, or when purchases of gasoline are likely to \n significantly raise gasoline prices in the market served by a \n particular Gasoline Reserve for purchases consistent with the \n need for timely replenishment of the Reserve after emergency or \n nonemergency sales.\n (h) Annual Report.--At a specified date as determined by the \nSecretary of Energy, the Secretary shall submit to the President, the \nCommittee on Energy and Commerce of the House of Representatives, and \nto the Committee on Energy and Natural Resources of the Senate a report \non the status of the Strategic Gasoline Reserve outlining the Reserve's \ncurrent capacity, emergency sales from the previous year, any security \nthreats in the previous year, and the current condition of the storage \nfacilities. The Secretary shall also in the report include any \nrecommendations for improvements in the efficiency of the purchase, \ntransportation, sale, and storage of gasoline in the Gasoline Reserves.\n (i) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Energy such sums as may be necessary \nfor construction and operation of the Gasoline Reserve system for \nfiscal years 2009 through 2015.","summary":"National Strategic Gasoline Reserve for Purposes of National Security Act of 2009 - Directs the Secretary of Energy to establish a Strategic Gasoline Reserve system with a total capacity of 10 million barrels of regular unleaded gasoline. Directs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the governor of each state in which a Gasoline Reserve will be sited a plan for the transportation of its contents to wholesale or retail markets in the event of an emergency sale. (2) complete the process of filling the Gasoline Reserve to a minimum of 90 within two years of submitting a transportation plan to Congress. (3) review the gasoline supply annually to ensure the reserves in the Gasoline Reserve do not exceed their shelf life. And (4) have in place a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. Directs the Secretary of Energy to sell gasoline from the Gasoline Reserve if the governor of an affected state submits a written request and the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines certain emergency conditions are satisfied.","title":"To establish a National Strategic Gasoline Reserve, and for other purposes.","text_len":6440,"sum_len":1252} {"bill_id":"107_s1617","text":"SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.\n\n Title III of the Workforce Investment Act of 1998 (Public Law 105-\n220; 112 Stat. 1080) is amended by adding at the end the following:\n\n ``Subtitle E--Staffing for Adequate Fire and Emergency Response\n\n``SEC. 351. SHORT TITLE.\n\n ``This subtitle may be cited as the `Staffing for Adequate Fire and \nEmergency Response Act of 2001' or as the `SAFER Act of 2001'.\n\n``SEC. 352. PURPOSES.\n\n ``The purposes of this subtitle are--\n ``(1) to expand on the firefighter assistance grant program \n under section 33 of the Federal Fire Prevention and Control Act \n of 1974 (15 U.S.C. 2229), in order to ensure adequate funding \n to increase the number of firefighting personnel throughout the \n Nation;\n ``(2) to substantially increase the hiring of firefighters \n so that communities can--\n ``(A) meet industry minimum standards for providing \n adequate protection from acts of terrorism and hazards; \n and\n ``(B) enhance the ability of firefighter units to \n save lives, save property, and effectively respond to \n all types of emergencies; and\n ``(3) to promote that substantial increase in hiring by \n establishing a program of grants, authorized for 7 years, to \n provide direct funding to States, units of local government, \n and Indian tribal organizations for firefighter salaries and \n benefits.\n\n``SEC. 353. DEFINITIONS.\n\n ``In this subtitle:\n ``(1) Eligible entity.--The term `eligible entity' means--\n ``(A) a State, a unit of local government, a tribal \n organization, or another public entity; or\n ``(B) a multi-jurisdictional or regional consortia \n of entities described in subparagraph (A).\n ``(2) Firefighter.--The term `firefighter' has the meaning \n given the term `employee in fire protection activities' in \n section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. \n 203).\n ``(3) Indian tribe; tribal organization.--The terms `Indian \n tribe' and `tribal organization' have the meanings given the \n terms in section 4 of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 450b).\n ``(4) Secretary.--The term `Secretary' means the Secretary \n of Labor, acting after consultation with the Director of the \n Federal Emergency Management Agency.\n ``(5) State.--The term `State' means each of the several \n States of the United States, the District of Columbia, the \n Commonwealth of Puerto Rico, the United States Virgin Islands, \n Guam, American Samoa, and the Commonwealth of the Northern \n Mariana Islands.\n\n``SEC. 354. AUTHORITY TO MAKE GRANTS.\n\n ``(a) Definition.--In this section, the term `qualifying entity', \nused with respect to a fiscal year, means any eligible entity \n(including a State) that has submitted an application under section 355 \nfor the fiscal year that meets the requirements of this subtitle and \nsuch additional requirements as the Secretary may prescribe.\n ``(b) Grant Authorization.--The Secretary may make grants to \neligible entities to pay for the Federal share of the cost of carrying \nout projects to hire firefighters.\n ``(c) Minimum Amount.--\n ``(1) Amount.--For any fiscal year, the Secretary shall \n ensure that the qualifying entities in each State shall \n receive, through grants made under this section, a total amount \n that is not less than \\1\/2\\ of 1 percent of the amount \n appropriated under section 362 for the fiscal year.\n ``(2) Exception.--Paragraph (1) shall not apply for a \n fiscal year if the Secretary makes a grant under this section \n to every qualifying entity for the fiscal year.\n ``(d) Grant Periods.--The Secretary may make grants under this \nsection for periods of 3 years.\n ``(e) Federal Share.--\n ``(1) In general.--The Federal share of the cost of \n carrying out a project to hire firefighters under this subtitle \n shall be not more than 75 percent.\n ``(2) Non-federal share.--The non-Federal share shall be \n provided--\n ``(A) in cash;\n ``(B) in the case of a State or unit of local \n government, from assets received through an asset \n forfeiture program; or\n ``(C) in the case of a tribal organization or the \n Bureau of Indian Affairs, from any Federal funds made \n available for firefighting functions to assist an \n Indian tribe.\n ``(3) Waiver.--The Secretary may waive the requirements of \n paragraphs (1) and (2) for an eligible entity.\n\n``SEC. 355. APPLICATIONS.\n\n ``(a) In General.--To be eligible to receive a grant under this \nsubtitle, an entity shall submit an application to the Secretary at \nsuch time, in such manner, and containing such information as the \nSecretary may prescribe.\n ``(b) Contents.--Each such application shall--\n ``(1) include a long-term strategy and detailed \n implementation plan, for the hiring to be conducted under the \n grant, that reflects consultation with community groups and \n appropriate private and public agencies and reflects \n consideration of a statewide strategy for such hiring;\n ``(2) specify the reasons why the entity is unable to hire \n sufficient firefighters to address the entity's needs, without \n Federal assistance;\n ``(3)(A) specify the average number of firefighters \n employed by the entity during the fiscal year prior to the \n fiscal year for which the application is submitted; and\n ``(B) outline the initial and planned level of community \n support for implementing the strategy and plan, including the \n level of financial and in-kind contributions or other tangible \n commitments;\n ``(4)(A) specify plans for obtaining necessary support and \n continuing the employment of a greater number of firefighters \n than the number specified under paragraph (3)(A), following the \n conclusion of Federal assistance under this subtitle; and\n ``(B) include an assurance that the entity will continue \n the employment of firefighters hired with funds made available \n through the grant for at least 1 year after the end of the \n grant period; and\n ``(5) include assurances that the entity will, to the \n extent practicable, seek, recruit, and hire members of racial \n and ethnic minority groups and women in order to increase the \n ranks of minorities and women within the entity's firefighter \n units.\n ``(c) Small Jurisdictions.--Notwithstanding any other provision of \nthis subtitle, the Secretary may waive 1 or more of the requirements of \nsubsection (b), and may make special provisions to facilitate the \nexpedited submission, processing, and approval of an application under \nthis section, for an eligible entity that is a unit of local \ngovernment, or an eligible entity serving a fire district, that has \njurisdiction over an area with a population of less than 50,000.\n ``(d) Preference.--In awarding grants under this subtitle, the \nSecretary--\n ``(1) shall give preference to a unit of local government; \n and\n ``(2) may give preference, where feasible, to an eligible \n entity that submits an application containing a plan that--\n ``(A) provides for hiring (including rehiring) \n career firefighters; and\n ``(B) requires the entity to contribute a non-\n Federal share of more than 25 percent of the cost of \n carrying out a project to hire the firefighters.\n ``(e) State and Local Applications.--If a unit of local government \nfor a community, and the State in which the community is located, \nsubmit applications under this section for a fiscal year to carry out a \nproject in a community, and the unit of local government and State are \nqualifying entities under section 354(a), the Secretary--\n ``(1) shall make a grant under this subtitle to the unit of \n local government for that year; and\n ``(2) shall not make a grant under this subtitle to the \n State to carry out a project in that community for that year.\n\n``SEC. 356. USE OF FUNDS.\n\n ``(a) In General.--An eligible entity that receives a grant under \nthis subtitle shall use the funds made available through the grant to \nhire career firefighters. The funds may only be used to increase the \nnumber of firefighters employed by the agency from the number specified \nunder section 355(b)(3)(A). The funds may be used for salaries and \nbenefits for the firefighters.\n ``(b) Hiring Costs.--\n ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring \n any 1 firefighter, the entity may not use more than $90,000 of \n such funds.\n ``(2) Subsequent years.--For each subsequent fiscal year, \n in hiring any 1 firefighter, the entity may not use more than \n $90,000 of such funds, increased or decreased by the same \n percentage as the percentage by which the Consumer Price Index \n for All Urban Consumers (United States city average), published \n by the Secretary of Labor, has increased or decreased by \n September of the preceding fiscal year from such Index for \n September 2001.\n ``(3) Waivers.--The Secretary may waive the requirements of \n paragraph (1) or (2) for an eligible entity.\n ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the \nauthority of this subtitle shall be used to supplement and not supplant \nother Federal, State, and local public funds expended to hire \nfirefighters.\n\n``SEC. 357. TECHNICAL ASSISTANCE.\n\n ``The Secretary may provide technical assistance to eligible \nentities to further the purposes of this Act.\n\n``SEC. 358. MONITORING AND EVALUATIONS.\n\n ``(a) Monitoring Components.--Each project funded through a grant \nmade under this subtitle shall contain a monitoring component, \ndeveloped pursuant to regulations established by the Secretary. The \nmonitoring required by this subsection shall include systematic \nidentification and collection of data about the project throughout the \nperiod of the project and presentation of such data in a usable form.\n ``(b) Evaluation Components.--The Secretary may require that \nselected grant recipients under this subtitle conduct local evaluations \nor participate in a national evaluation, pursuant to regulations \nestablished by the Secretary. Such local or national evaluations may \ninclude assessments of the implementation of different projects. The \nSecretary may require selected grant recipients under this subtitle to \nconduct local outcome evaluations to determine the effectiveness of \nprojects under this subtitle.\n ``(c) Periodic Reports.--The Secretary may require a grant \nrecipient under this subtitle to submit to the Secretary the results of \nthe monitoring and evaluations required under subsections (a) and (b) \nand such other data and information as the Secretary determines to be \nreasonably necessary.\n ``(d) Revocation or Suspension of Funding.--If the Secretary \ndetermines, as a result of the monitoring or evaluations required by \nthis section, or otherwise, that a grant recipient under this subtitle \nis not in substantial compliance with the terms and requirements of an \napproved grant application submitted under section 355, the Secretary \nmay revoke the grant or suspend part or all of the funding provided \nunder the grant.\n\n``SEC. 359. ACCESS TO DOCUMENTS.\n\n ``For the purpose of conducting an audit or examination of a grant \nrecipient that carries out a project under this subtitle, the Secretary \nand the Comptroller General of the United States shall have access to \nany pertinent books, documents, papers, or records of the grant \nrecipient and any State or local government, person, business, or other \nentity, that is involved in the project.\n\n``SEC. 360. REPORT TO CONGRESS.\n\n ``Not later than September 30, 2008, the Secretary shall submit a \nreport to Congress concerning the experiences of eligible entities in \ncarrying out projects under this subtitle, and the effects of the \ngrants made under this subtitle. The report may include recommendations \nfor such legislation as the Secretary may consider to be appropriate, \nwhich may include reauthorization of this subtitle.\n\n``SEC. 361. REGULATIONS.\n\n ``The Secretary may issue regulations to carry out this subtitle.\n\n``SEC. 362. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There is authorized to be appropriated to carry \nout this subtitle--\n ``(1) $1,000,000,000 for fiscal year 2002;-\n ``(2) $1,030,000,000 for fiscal year 2003;\n ``(3) $1,061,000,000 for fiscal year 2004;\n ``(4) $1,093,000,000 for fiscal year 2005;\n ``(5) $1,126,000,000 for fiscal year 2006;\n ``(6) $1,159,000,000 for fiscal year 2007; and\n ``(7) $1,194,000,000 for fiscal year 2008.\n ``(b) Availability.--Funds appropriated under subsection (a) for a \nfiscal year shall remain available until the end of the second \nsucceeding fiscal year.''.\n\nSEC. 2. CONFORMING AMENDMENT.\n\n The table of contents in section 1(b) of the Workforce Investment \nAct of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the \nitems relating to title III, by adding at the end the following:\n\n ``Subtitle E--Staffing for Adequate Fire and Emergency Response\n\n ``Sec. 351. Short title.\n ``Sec. 352. Purposes.\n ``Sec. 353. Definitions.\n ``Sec. 354. Authority to make grants.\n ``Sec. 355. Applications.\n ``Sec. 356. Use of funds.\n ``Sec. 357. Technical assistance.\n ``Sec. 358. Monitoring and evaluations.\n ``Sec. 359. Access to documents.\n ``Sec. 360. Report to Congress.\n ``Sec. 361. Regulations.\n ``Sec. 362. Authorization of appropriations.''.","summary":"Staffing for Adequate Fire and Emergency Response Act of 2001 - SAFER Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make matching grants for up to 75 percent of the costs of projects to hire firefighters to eligible States, local governments, tribal organizations, or other public entities, or multi-jurisdictional or regional consortia of such entities.","title":"A bill to amend the Workforce Investment Act of 1998 to increase the hiring of firefighters, and for other purposes.","text_len":14489,"sum_len":405} {"bill_id":"114_s3528","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Supervisor Training Act of \n2016''.\n\nSEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.\n\n (a) In General.--Section 4121 of title 5, United States Code, is \namended--\n (1) by inserting before ``In consultation with'' the \n following:\n ``(a) Definitions.--For purposes of this section--\n ``(1) the term `program' means any activity, project, \n function, or policy that has an identifiable purpose or set of \n objectives; and\n ``(2) the term `supervisor' means--\n ``(A) a supervisor, as defined under section \n 7103(a)(10);\n ``(B) a management official, as defined under \n section 7103(a)(11); or\n ``(C) any other employee as the Director of the \n Office of Personnel Management may by regulation \n prescribe.'';\n (2) by striking ``In consultation with'' and inserting \n ``(b) Training Programs To Be Established.--In consultation \n with''; and\n (3) by striking paragraph (2) (of the matter redesignated \n as subsection (b) as a result of the amendment under paragraph \n (2) of this subsection) and inserting the following:\n ``(2) a program--\n ``(A) to require supervisors to have individual \n development plans that provide for training on actions, \n options, and strategies a supervisor may use in--\n ``(i) developing and discussing relevant \n performance goals and objectives with the \n employee and ensuring the performance goals and \n objectives align to the mission and priority \n goals of the agency;\n ``(ii) communicating and discussing \n progress relative to performance goals and \n objectives, and conducting performance \n appraisals;\n ``(iii) mentoring and motivating employees \n and improving employee engagement, performance, \n and productivity;\n ``(iv) fostering a work environment \n characterized by fairness, respect, equal \n opportunity, and attention paid to the merit of \n the work of employees;\n ``(v) effectively managing employees with \n unacceptable performance, including training to \n understand the disciplinary options and \n procedures available to the supervisor;\n ``(vi) effectively using the probationary \n period to examine whether an employee has \n demonstrated successful performance or conduct \n to continue past the probationary period;\n ``(vii) addressing reports of a hostile \n work environment, retaliation, or harassment \n of, or by, another supervisor or employee;\n ``(viii) meeting supervisor competencies \n established by the Office of Personnel \n Management or the employing agency of the \n supervisor;\n ``(ix) collaborating with human resources \n employees to recruit, select, appraise, and \n reward employees to build a workforce based on \n organizational goals, budget considerations, \n and staffing needs; and\n ``(x) otherwise carrying out the duties or \n responsibilities of a supervisor;\n ``(B) to provide training to supervisors on the \n prohibited personnel practices under section 2302 \n (particularly with respect to such practices described \n under paragraphs (1) and (8) of subsection (b) of that \n section), employee rights, and the procedures and \n processes used to enforce employee rights; and\n ``(C) under which experienced supervisor mentors \n are identified, evaluated, and approved to provide \n guidance and advice to new or underperforming \n supervisors to--\n ``(i) transfer knowledge and advice in \n areas such as communication, critical thinking, \n responsibility, flexibility, motivating and \n engaging employees, teamwork, leadership, and \n professional development; and\n ``(ii) identify strengths and areas for \n development.\n ``(c) Requirements for Training Design.--Training in the program \ncomponents established under subparagraphs (A) and (B) of subsection \n(b)(2) shall--\n ``(1) be designed using principles of adult learning and an \n industry standard instructional design model; and\n ``(2) to the extent practicable, as determined by the \n agency, be training that is instructor-based.\n ``(d) Timing of Training.--\n ``(1) Initial training.--\n ``(A) In general.--Not later than 1 year after the \n date on which an individual is appointed to the \n position of supervisor, that individual shall be \n required to have completed each program component \n established under subsection (b)(2).\n ``(B) Extensions.--The Director of the Office of \n Personnel Management may establish and administer \n procedures under which an agency may extend the 1-year \n period described under subparagraph (A) with respect to \n an individual.\n ``(2) Subsequent training.--After completion of a program \n component under subparagraphs (A) and (B) of subsection (b)(2), \n each supervisor shall be required to complete a program \n component under such subparagraphs not less frequently than \n once every 3 years.\n ``(3) Credit for similar training.--Each program component \n established under subsection (b)(2) shall include provisions \n under which the agency gives a supervisor credit toward a \n period of training that the agency determines is similar to \n training that the supervisor previously completed.\n ``(4) Effectiveness evaluation.--Each agency shall measure \n the effectiveness of training program components established \n under subsection (b)(2).\n ``(e) Information on Developmental Opportunities.--An agency shall \nmake available to each supervisor--\n ``(1) a detailed list of developmental opportunities \n available to the supervisor; and\n ``(2) the policies of the agency for requiring supervisor \n development.\n ``(f) Regulations.--Notwithstanding section 4118(c), the Director \nof the Office of Personnel Management shall prescribe regulations to \ncarry out this section, including the monitoring of agency compliance \nwith this section. Regulations prescribed under this subsection shall \ninclude measures by which to assess the effectiveness of agency \nsupervisor training programs.''.\n (b) Report on Extensions for Training Requirements.--\n (1) Appropriate congressional committees.--In this \n subsection, the term ``appropriate congressional committees'' \n means--\n (A) the Committee on Homeland Security and \n Governmental Affairs of the Senate; and\n (B) the Committee on Oversight and Government \n Reform of the House of Representatives.\n (2) Report.--Not later than 2 years after the date of \n enactment of this Act and annually thereafter, the Director of \n the Office of Personnel Management shall submit a report with \n respect to the preceding fiscal year to the appropriate \n congressional committees on--\n (A) the number of extensions granted under section \n 4121(d)(1)(B) of title 5, United States Code, as added \n by subsection (a) of this section, which shall \n include--\n (i) a brief description of the reason why \n the training was not completed;\n (ii) the actions the agency plans to take \n to ensure training is received; and\n (iii) the date by which the agency intends \n to complete the training; and\n (B) the number of individuals completing the \n requirements of section 4121(d)(1)(A) of title 5, \n United States Code, as added by subsection (a) of this \n section.\n (c) Regulations.--Not later than 1 year after the date of enactment \nof this Act, the Director of the Office of Personnel Management shall \nprescribe regulations under section 4121(f) of title 5, United States \nCode, as added by subsection (a) of this section.\n (d) Career Track for Technical Experts.--Section 5106 of title 5, \nUnited States Code, is amended by adding at the end the following:\n ``(d) To the extent practicable under the requirements under this \nchapter, each agency shall develop a career track for employees of the \nagency whom the agency determines are mission critical technical \nexperts that affords the employees the opportunity for career \nadvancement, without being required to be appointed to a management or \nsupervisory position.''.\n (e) Effective Date and Application.--\n (1) In general.--The amendments made by this section shall \n take effect 1 year after the date of enactment of this Act.\n (2) Applicability.--The amendments made by this section \n shall apply to--\n (A) each individual appointed to the position of a \n supervisor, as defined under section 4121(a) of title \n 5, United States Code (as added by subsection (a) of \n this section), on or after the effective date of the \n amendments; and\n (B) each individual who is employed in the position \n of a supervisor on the effective date of the amendments \n as provided under paragraph (3).\n (3) Existing supervisors.--Each individual who is employed \n in the position of a supervisor, as defined under section \n 4121(a) of title 5, United States Code (as added by subsection \n (a) of this section), on the effective date of the amendments \n made by this section and is not subject to an extension under \n section 4121(d)(1)(B) of title 5, United States Code (as added \n by subsection (a) of this section) shall be required to--\n (A) complete each program component established \n under subparagraphs (A) and (B) of section 4121(b)(2) \n of title 5, United States Code (as added by subsection \n (a) of this section), not later than 3 years after the \n effective date of the amendments; and\n (B) complete program components every 3 years \n thereafter in accordance with paragraphs (2) and (3) of \n section 4121(d) of that title (as added by subsection \n (a) of this section).\n (f) GAO Report.--Not later than 1 year after the date of enactment \nof this Act, the Comptroller General shall submit to Congress a report \non the mandatory training programs required to be established by under \nsection 4121(b)(2) of title 5, United States Code (as added by \nsubsection (a) of this section) and the effectiveness of those \nprograms.\n\nSEC. 3. MANAGEMENT COMPETENCIES.\n\n (a) In General.--Chapter 43 of title 5, United States Code, is \namended--\n (1) by redesignating section 4305 as section 4306; and\n (2) by inserting after section 4304 the following:\n``Sec. 4305. Management competencies\n ``(a) Definition.--In this section, the term `supervisor' means--\n ``(1) a supervisor, as defined under section 7103(a)(10);\n ``(2) a management official, as defined under section \n 7103(a)(11); or\n ``(3) any other employee as the Director of the Office of \n Personnel Management may by regulation prescribe.\n ``(b) Guidance.--The Director of the Office of Personnel Management \nshall issue guidance to agencies on competencies supervisors are \nexpected to meet in order to effectively manage, and be accountable for \nmanaging, the performance of employees.\n ``(c) Assessment by Agencies.--Based on guidance issued under \nsubsection (b) and on any additional competencies developed by an \nagency, each agency shall assess the performance of the supervisors and \nthe overall capacity of the supervisors in that agency.\n ``(d) Reports.--Every year, or on any basis requested by the \nDirector of the Office of Personnel Management, each agency shall \nsubmit to the Office of Personnel Management a report on the progress \nof the agency in implementing this section, including measures used to \nassess program effectiveness.''.\n (b) Technical and Conforming Amendments.--\n (1) Table of sections.--The table of sections for chapter \n 43 of title 5, United States Code, is amended by striking the \n item relating to section 4305 and inserting the following:\n\n``4305. Management competencies.\n``4306. Regulations.''.\n (2) Reference.--Section 4304(b)(3) of title 5, United \n States Code, is amended by striking ``section 4305'' and \n inserting ``section 4306''.","summary":"Federal Supervisor Training Act of 2016 This bill requires federal agencies to establish supervisor training programs that: (1) require supervisors and management officials to have individual development plans for training on actions, options, and strategies to use for supervisory functions regarding the performance and productivity of agency employees, (2) train supervisors on prohibited personnel practices and employee rights. And (3) provide experienced supervisor mentors to advise new or underperforming supervisors. The bill expands manager training program requirements for employee performance appraisals, mentoring, and management of unacceptable employee performance into mandatory supervisor and manager training programs that also include supervisor training on: fostering equal opportunities and fairness in the workplace. Using probationary periods to examine whether employees are performing at an acceptable level to continue their employment, addressing reports of hostile work environment, retaliation, or harassment. Meeting supervisor competencies established by the Office of Personnel Management (OPM) or the employing agency. And collaborating with human resources to recruit, select, appraise, and reward employees based on organizational goals, budget considerations, and staffing needs. After initial training on each program component, supervisors must complete subsequent training every three years. Agencies must develop a career track for mission critical technical expert employees that affords such employees the opportunity for career advancement without being required to be appointed to a management or supervisory position. The OPM must issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage the performance of employees. Each agency must assess the performance of supervisors and the overall capacity of its supervisors.","title":"Federal Supervisor Training Act of 2016","text_len":14258,"sum_len":1913} {"bill_id":"108_s2828","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``527 Reform Act of 2004''.\n\nSEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.\n\n (a) Definition of Political Committee.--Section 301(4)(A) of the \nFederal Election Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended \nto read as follows:\n ``(A) any committee, club, association, or other \n group of persons that--\n ``(i) during one calendar year, receives \n contributions aggregating in excess of $1,000 \n or makes expenditures aggregating in excess of \n $1,000; and\n ``(ii) has as its major purpose the \n nomination or election of one or more \n candidates;''.\n (b) Definition of Major Purpose for Section 527 Organizations.--\nTitle III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 325. DEFINITIONS AND RULES FOR DETERMINING ORGANIZATIONS AND \n DISBURSEMENTS INFLUENCING FEDERAL ELECTIONS.\n\n ``(a) Major Purpose of Section 527 Organizations.--For purposes of \nsection 301(4)(A)--\n ``(1) In general.--A committee, club, association, or group \n of persons that--\n ``(A) is an organization described in section 527 \n of the Internal Revenue Code of 1986, and\n ``(B) is not described in paragraph (2),\n has as its major purpose the nomination or election of one or \n more candidates.\n ``(2) Excepted organizations.--Subject to paragraph (3), a \n committee, club, association, or other group of persons \n described in this paragraph is--\n ``(A) an organization described in section \n 527(i)(5) of the Internal Revenue Code of 1986, or\n ``(B) any other organization which is one of the \n following:\n ``(i) A committee, club, association, or \n other group of persons whose election or \n nomination activities relate exclusively to \n elections where no candidate for Federal office \n appears on the ballot.\n ``(ii) A committee, club, association, or \n other group of persons that is organized, \n operated, and makes disbursements exclusively \n for one or more of the following purposes:\n ``(I) Influencing the selection, \n nomination, election, or appointment of \n one or more candidates to non-Federal \n offices.\n ``(II) Influencing one or more \n State or local ballot initiatives, \n State or local referenda, State or \n local constitutional amendments, State \n or local bond issues, or other State or \n local ballot issues.\n ``(III) Influencing the selection, \n appointment, nomination, or \n confirmation of one or more individuals \n to non-elected offices.\n ``(IV) Paying expenses described in \n the last sentence of section 527(e)(2) \n of the Internal Revenue Code of 1986 or \n expenses of a newsletter fund described \n in section 527(g) of such Code.\n ``(3) Section 527 organizations making certain \n disbursements.--A committee, club, association, or other group \n of persons described in paragraph (2)(B) shall not be \n considered to be described in such paragraph for purposes of \n paragraph (1)(B) if it makes disbursements for a public \n communication that promotes, supports, attacks, or opposes a \n clearly identified candidate for Federal office during the \n period beginning on the first day of the calendar year \n preceding the calendar year in which the general election for \n the office sought by the clearly identified candidate occurs \n and ending on the date of the general election.''.\n\nSEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE ORGANIZATIONS TREATED AS \n EXPENDITURES.\n\n (a) In General.--Section 301(9)(A)(i) of the Federal Election \nCampaign Act of 1971 (2 U.S.C. 431(9)(A)(i)) is amended by inserting \n``, including any amount described in section 325(b)'' after \n``office''.\n (b) Applicable Communications.--Section 325 of the Federal Election \nCampaign Act of 1971 (as added by section 2(b)) is amended by adding at \nthe end the following new subsection:\n ``(b) Certain Expenditures for Major Purpose Organizations.--\n ``(1) In general.--Subject to paragraph (2), a purchase, \n payment, distribution, loan, advance, deposit, or gift of money \n or anything of value for--\n ``(A) a public communication that refers to a \n clearly identified candidate for Federal office or to a \n political party (regardless of whether a candidate for \n State or local office is also mentioned or identified) \n and that promotes, supports, attacks, or opposes a \n candidate for that office or a political party \n (regardless of whether the communication expressly \n advocates a vote for or against a candidate), or\n ``(B) voter registration activity, voter \n identification, get-out-the-vote activity, or generic \n campaign activity conducted in connection with an \n election in which a candidate for Federal office \n appears on the ballot (regardless of whether a \n candidate for State or local office also appears on the \n ballot),\n shall be an expenditure under section 301(9)(A)(i) if made by, \n or on behalf of, a political committee (as defined in section \n 301(4)) or a committee, club, association, or other group of \n persons for which the nomination or election of one or more \n candidates is its major purpose.\n ``(2) Exception.--Any funds used for purposes described in \n paragraph (1) that, in accordance with allocation rules set \n forth in section 325(c), are disbursed from a non-Federal \n account shall not be treated as expenditures.''.\n\nSEC. 4. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-\n FEDERAL ACTIVITIES.\n\n Section 325 of the Federal Election Campaign Act of 1971 (as added \nby section 2(b) and amended by section 3) is amended by adding at the \nend the following:\n ``(c) Allocation and Funding Rules for Expenses of Separate \nSegregated Funds and Nonconnected Committees Relating to Federal and \nNon-Federal Activities.--\n ``(1) In general.--In the case of any disbursements by any \n separate segregated fund or nonconnected committee for which \n allocation rules are provided under paragraph (2)--\n ``(A) the disbursements shall be allocated between \n Federal and non-Federal accounts in accordance with \n this subsection and regulations prescribed by the \n Commission, and\n ``(B) in the case of disbursements allocated to \n non-Federal accounts, may be paid only from a qualified \n non-Federal account.\n ``(2) Costs to be allocated and allocation rules.--\n Disbursements by any separate segregated fund or nonconnected \n committee in connection with Federal and non-Federal elections \n for any of the following categories of activity shall be \n allocated as follows:\n ``(A) At least 50 percent of any administrative \n expenses, including rent, utilities, office supplies, \n and salaries not attributable to a clearly identified \n candidate shall be paid with funds from a Federal \n account, except that for a separate segregated fund \n such expenses may be paid instead by its connected \n organization.\n ``(B) At least 50 percent of the direct costs of a \n fundraising program or event, including disbursements \n for solicitation of funds and for planning and \n administration of actual fundraising events, where \n Federal and non-Federal funds are collected through \n such program or event shall be paid with funds from a \n Federal account, except that for a separate segregated \n fund such costs may be paid instead by its connected \n organization.\n ``(C) At least 50 percent of the expenses for \n public communications or voter drive activities that \n refer to a political party, but do not refer to any \n clearly identified Federal or non-Federal candidate, \n shall be paid with funds from a Federal account.\n ``(D) 100 percent of the expenses for public \n communications or voter drive activities that refer to \n a political party, and refer to one or more clearly \n identified Federal candidates, but do not refer to any \n clearly identified non-Federal candidates, shall be \n paid with funds from a Federal account.\n ``(E) At least 50 percent of the expenses for \n public communications or voter drive activities that \n refer to a political party, and refer to one or more \n clearly identified non-Federal candidates, but do not \n refer to any clearly identified Federal candidates, \n shall be paid with funds from a Federal account, except \n that this subparagraph shall not apply to \n communications or activities that relate exclusively to \n elections where no candidate for Federal office appears \n on the ballot.\n ``(F) At least 50 percent of the expenses for \n public communications and voter drive activities that \n refer to one or more clearly identified candidates for \n Federal office and one or more clearly defined non-\n Federal candidates, without regard to whether the \n communication refers to a political party, shall be \n paid with funds from a Federal account.\n ``(3) Qualified non-federal account.--For purposes of this \n subsection--\n ``(A) In general.--The term `qualified non-Federal \n account' means an account which consists solely of \n amounts--\n ``(i) that, subject to the limitations of \n subparagraphs (B) and (C), are raised by the \n separate segregated fund or nonconnected \n committee only from individuals, and\n ``(ii) with respect to which all other \n requirements of Federal, State, or local law \n are met.\n ``(B) Limitation on individual donations.--\n ``(i) In general.--A separate segregated \n fund or nonconnected committee may not accept \n more than $25,000 in funds for its qualified \n non-Federal account from any one individual in \n any calendar year.\n ``(ii) Affiliation.--For purposes of this \n subparagraph, all qualified non-Federal \n accounts of separate segregated funds or \n nonconnected committees which are directly or \n indirectly established, financed, maintained, \n or controlled by the same person or persons \n shall be treated as one account.\n ``(C) Fundraising limitation.--No donation to a \n qualified non-Federal account may be solicited, \n received, directed, transferred, or spent by or in the \n name of any person described in subsection (a) or (e) \n of section 323.\n ``(4) Voter drive activity and federal account defined.--\n For purposes of this subsection--\n ``(A) Voter drive activity.--The term `voter drive \n activity' means any of the following activities \n conducted in connection with an election in which a \n candidate for Federal office appears on the ballot \n (regardless of whether a candidate for State or local \n office also appears on the ballot):\n ``(i) Voter registration activity.\n ``(ii) Voter identification.\n ``(iii) Get-out-the-vote activity.\n ``(iv) Generic campaign activity.\n ``(B) Federal account.--The term `Federal account' \n means an account which consists solely of contributions \n subject to the limitations, prohibitions, and reporting \n requirements of this Act. Nothing in this subsection or \n in section 323(b)(2)(B)(iii) shall be construed to \n infer that a limit other than the limit under section \n 315(a)(1)(C) applies to contributions to the \n account.''.\n\nSEC. 5. CONSTRUCTION.\n\n No provision of this Act, or amendment made by this Act, shall be \nconstrued--\n (1) as approving, ratifying, or endorsing a regulation \n promulgated by the Federal Election Commission, or\n (2) as establishing, modifying, or otherwise affecting the \n definition of political organization for purposes of the \n Internal Revenue Code of 1986.\n\nSEC. 6. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on January 1, \n2005.","summary":"Reform Act of 2004 - Amends the Federal Election Campaign Act of 1971 to revise the definition of political committee to include any committee, club, association, or other group of persons that has as its major purpose the nomination or election of one or more candidates . Treats certain expenses by major purpose organizations as expenditures subject to the limitations and reporting requirements of such Act. Provides that any disbursement by separate segregated fund or nonconnected committee shall be allocated between Federal and non-Federal accounts in accordance with this Act and regulations prescribed by the Federal Election Commission. States that disbursements allocated to non-Federal accounts may be paid only from a qualified non-Federal account. Prohibits a separate segregated fund or nonconnected committee from accepting more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year.","title":"A bill to amend the Federal Election Campaign Act of 1971 to define political committee and clarify when organizations described in section 527 of the Internal Revenue Code of 1968 must register as political committees, and for other purposes.","text_len":14856,"sum_len":951} {"bill_id":"113_s1223","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Cavernous Angioma Research Resource \nAct of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Cavernous angioma, also termed ``cerebral cavernous \n malformations'' or ``CCM'', affects an estimated 1,500,000 \n people in the United States.\n (2) Cavernous angioma is a devastating blood vessel disease \n that is characterized by the presence of vascular lesions that \n develop and grow within the brain and spinal cord.\n (3) Detection of cavernous angioma lesions is achieved \n through costly and specialized medical imaging techniques. \n These techniques are often not readily available where patients \n live, and require sedation for children and disabled adults.\n (4) Cavernous angioma is a common type of vascular anomaly, \n but individuals may not be aware that they have the disease \n until the onset of serious clinical symptoms. In the genetic \n forms, they may not be aware that it may be passed on to their \n children.\n (5) Individuals diagnosed with cavernous angioma may \n experience neurological deficits, seizure, stroke, or sudden \n death.\n (6) Due to limited research with respect to cavernous \n angioma, there is no treatment regimen for the disease other \n than brain and spinal surgery.\n (7) Some individuals with cavernous angioma are not \n candidates for brain surgery. No alternative treatment option \n is available for such individuals.\n (8) There is a shortage of physicians who are familiar with \n cavernous angioma and affected individuals may find it \n difficult to receive timely diagnosis and appropriate care.\n (9) Due to the presence of a specific disease-causing \n mutation, termed the ``common Hispanic mutation'' that has \n passed through as many as 17 generations of Americans descended \n from the original Spanish settlers of the Southwest in the \n 1590s, New Mexico has the highest population density of \n cavernous angioma in the world. Cavernous angioma affects \n thousands of individuals in New Mexico and with ancestry in New \n Mexico.\n (10) Other States with high rates of cavernous angioma due \n to the common Hispanic Mutation include Texas, Arizona, and \n Colorado.\n (11) To address the public health threat posed by cavernous \n angioma in New Mexico and throughout the United States, there \n is a need to identify institutions capable of running clinical \n trial for this debilitating brain disorder.\n\nSEC. 3. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES.\n\n Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES.\n\n ``(a) Expansion, Intensification, and Coordination of Activities.--\nThe Director of NIH, acting through the director of the National \nInstitute of Neurological Disorders and Stroke, shall expand and \nintensify programs of the National Institutes of Health or may award \ngrants and cooperative agreements to public or nonprofit private \nentities (including State health departments, political subdivisions of \nStates, universities, and other educational entities) for research and \nrelated activities concerning cavernous angioma.\n ``(b) Activities.--In expanding and intensifying programs under \nsubsection (a), the Director of NIH may carry out the following:\n ``(1) Basic, translational, and clinical research.--Conduct \n or financially support basic, clinical, and translational \n research on cavernous angioma, including research on the \n following:\n ``(A) Proteomic, pharmacological, and cell \n biological analysis of the cerebral cavernous \n malformations (referred to in this section as the \n `CCM') molecules.\n ``(B) Continued development and expansion of novel \n animal models for cavernous angioma preclinical \n research.\n ``(C) Early detection, diagnosis, and treatment of \n cavernous angioma.\n ``(D) Biological mechanisms for lesion genesis, \n development, and maturation.\n ``(E) Biological mechanisms for lesion bleeding and \n symptomology.\n ``(F) Novel biomedical and pharmacological \n interventions designed to prohibit new lesion \n development, lesion growth, and lesion bleeding.\n ``(G) Contributions of genetic variation to \n clinical presentation as targets for therapy.\n ``(H) Identification and development of biomarkers \n to measure phenotypic variation.\n ``(I) Research related to improving the quality of \n life for individuals with cavernous angioma and their \n families.\n ``(J) Clinical training programs aimed at \n increasing the number of scientists and clinicians who \n are trained to treat patients and carry out these \n research directions.\n ``(2) Facilitation of research resources; clinical trial \n preparedness.--\n ``(A) Coordination.--Identify and support the \n development of a clinical and research coordinating \n center with the potential of coordinating a multi-site \n clinical drug trial for cavernous angioma. Such \n coordinating center shall provide a model for \n additional trial sites, facilitate medical research to \n develop a cure for cavernous angioma, and enhance the \n medical care of individuals with cavernous angioma \n nationwide. Such coordinating center shall--\n ``(i) have an institutional infrastructure \n that is capable of hosting a clinical trial \n site and facilitating translational projects \n and collaborations for clinical trials;\n ``(ii) have the capacity to maintain \n programs dedicated to patient education, \n patient outreach, and awareness, including--\n ``(I) launching a national \n multimedia public awareness campaign;\n ``(II) creating and distributing \n patient education materials for \n distribution by national physician and \n surgeon offices;\n ``(III) establishing an education \n program for elementary and secondary \n school nurses to facilitate early \n detection and diagnosis of cavernous \n angioma in areas of high cavernous \n angioma population density;\n ``(IV) coordinating regular patient \n and family-oriented educational \n conferences; and\n ``(V) developing nationally \n relevant electronic health teaching and \n communication tools and a network of \n professional capacity and patient and \n family support;\n ``(iii) have the capacity to establish and \n maintain communication with other major \n cavernous angioma research and care \n institutions internationally for information \n sharing and coordination of research \n activities;\n ``(iv) have demonstrated clinical expertise \n in cavernous angioma management;\n ``(v) have a sufficient number of eligible \n patients for participation with particular \n focus on unique subpopulations including Common \n Hispanic Mutation and CCM3 gene mutation \n carriers; and\n ``(vi) have a telehealth infrastructure to \n support and to provide clinical consultation \n for remote and underserved communities.\n ``(B) Participation.--Identify and support the \n development of clinical and research participation \n centers with the potential to participate in a multi-\n site clinical drug trial for cavernous angioma. Such \n participation centers may facilitate medical research \n to develop a cure for cavernous angioma and enhance the \n medical care of individuals with cavernous angioma in \n partnership with the coordinating center under \n subparagraph (A) and other national and international \n centers. Such participation centers shall--\n ``(i) have an institutional infrastructure \n capable of hosting a clinical trial site and \n facilitating translational projects and \n collaborations for clinical trials;\n ``(ii) have the capacity to maintain \n communication with other major cavernous \n angioma research and care institutions \n internationally for information sharing and \n coordination of research activities;\n ``(iii) have demonstrated clinical \n expertise in cavernous angioma management; and\n ``(iv) have a sufficient numbers of \n eligible patients for participation with \n particular focus on unique subpopulations \n including Common Hispanic Mutation and CCM3 \n gene mutation carriers as these unique \n populations may provide insight to other \n genetic and non-genetic forms of the illness.\n ``(c) Training Program for Clinicians and Scientists.--\n ``(1) In general.--Eligible coordinating and participation \n centers under this section shall establish or expand training \n programs for medical and allied health clinicians and \n scientists in clinical practice and research relevant to \n cavernous angioma.\n ``(2) Research resources.--In carrying out this subsection, \n the Director of NIH may--\n ``(A) use information collected by the National \n Institutes of Health pursuant to other provisions of \n law or prior to the date of the enactment of this \n section;\n ``(B) take into consideration the availability of \n other research resources;\n ``(C) encourage the use of research resources for \n research on, and development of, therapies and \n treatments for individuals with cavernous angioma; and\n ``(D) encourage the inclusion of individuals with \n cavernous angioma in clinical trials conducted or \n supported by the National Institutes of Health.\n ``(3) Cavernous angioma consortium.--The Director of NIH \n may provide for the participation of agencies of the National \n Institutes of Health in a consortium to facilitate the exchange \n of information and to make the research effort on cavernous \n angioma more efficient and effective by ensuring consistent \n communication, minimizing duplication of effort, and \n integrating the varied perspectives of partner agencies, \n organizations, and individuals. Such consortium shall include \n at least one national cavernous angioma patient advocacy \n organization and may be the same consortium receiving a grant \n or contract under subsection (b)(2)(A).''.\n\nSEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION CAVERNOUS ANGIOMA \n SURVEILLANCE AND RESEARCH PROGRAMS.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317T the following:\n\n``SEC. 317U. CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, may award grants and \ncooperative agreements to public or nonprofit private entities \n(including State health departments, political subdivisions of States, \nuniversities, and other educational entities) for the collection, \nanalysis, and reporting of data on cavernous angioma. In making such \nawards, the Secretary may provide direct technical assistance, \nincluding personnel support, in lieu of cash.\n ``(b) National Cavernous Angioma Epidemiology Program.--\n ``(1) Grants.--The Secretary, acting through the Director \n of the Centers for Disease Control and Prevention, may award \n grants to public or nonprofit private entities (including State \n health departments, political subdivisions of States, \n universities, and other educational entities) for the purpose \n of carrying out epidemiological activities regarding cavernous \n angioma, including collecting and analyzing information on the \n number, incidence, correlates, and symptoms of cases and the \n clinical utility (including costs and benefits) of specific \n practice patterns. In making such awards, the Secretary may \n provide direct technical assistance, including personnel \n support, in lieu of cash.\n ``(2) National surveillance program.--In carrying out \n subsection (a), the Secretary shall--\n ``(A) provide for a national surveillance program; \n and\n ``(B) where possible, ensure that the surveillance \n program is coordinated with the data and sample \n collection activities of the National Institutes of \n Health under section 409K.''.\n\nSEC. 5. FOOD AND DRUG ADMINISTRATION CAVERNOUS ANGIOMA CLINICAL TRIAL \n PREPAREDNESS AND SUPPORT PROGRAM.\n\n (a) Investigational New Drug Application.--The Commissioner of Food \nand Drugs shall work with clinical centers, investigators, and \nadvocates to support appropriate investigational new drug application \nunder section 505(i) of the Federal Food, Drug, and Cosmetic Act in an \neffort to hasten the pace of clinical trials for cavernous angioma.\n (b) Orphan Product Development.--Where applicable in rare \nsubpopulations of cavernous angioma requiring unique pharmacological \nintervention, including those with the Common Hispanic Mutation or CCM3 \ngene mutations, the Commissioner of Food and Drugs shall support \nappropriate requests for designations of drugs as orphan drugs under \nsection 526 of the Federal Food, Drug, and Cosmetic Act.\n\nSEC. 6. REPORT TO CONGRESS.\n\n Not later than January 1, 2015, and each January 1 thereafter, the \nSecretary of Health and Human Services shall prepare and submit to the \nappropriate committees of the Congress a report concerning the \nimplementation of this Act and the amendments made by this Act.","summary":"Cavernous Angioma Research Resource Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and intensify NIH programs regarding research and related activities concerning cavernous angioma. Authorizes grants and cooperative agreements to public or nonprofit private entities for such activities. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on cavernous angioma. (2) identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. And (3) identify and support the development of clinical and research participation centers with the potential to participate in such a trial. Requires coordinating and participation centers to expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. Authorizes the Director to provide for the participation of NIH agencies in a consortium to facilitate the exchange of information and increase the efficiency and effectiveness of the research effort. Authorizes the Secretary of Health and Human Services (HHS) to award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for: (1) the collection, analysis, and reporting of data on cavernous angioma. And (2) epidemiological activities, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. Requires establishment of a national surveillance program as part of such activities. Requires the Commissioner of Food and Drugs (FDA) to: (1) work with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under the Federal Food, Drug, and Cosmetic Act in order to hasten the pace of clinical trials for cavernous angioma. And (2) where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, support appropriate requests for designations of orphan drugs.","title":"Cavernous Angioma Research Resource Act of 2013","text_len":16141,"sum_len":2380} {"bill_id":"110_hr3061","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Part D Drug Class \nProtection Act of 2007''.\n\nSEC. 2. SPECIAL TREATMENT UNDER MEDICARE PART D FOR DRUGS IN 6 \n SPECIFIED THERAPEUTIC CATEGORIES.\n\n (a) Medicare Part D Formularies Required To Cover All Drugs in 6 \nSpecified Therapeutic Categories.--\n (1) In general.--Section 1860D-4(b)(3) of the Social \n Security Act (42 U.S.C. 1395w-104(b)(3)) is amended--\n (A) in subparagraph (C)(i), by inserting ``, except \n as provided in subparagraph (G),'' after ``although''; \n and\n (B) by inserting after subparagraph (F) the \n following new subparagraph:\n ``(G) Required inclusion of drugs in certain \n therapeutic categories and classes.--\n ``(i) Requirement.--The formulary must \n include, subject to clause (iii), all or \n substantially all drugs in each of the \n following therapeutic categories of covered \n part D drugs:\n ``(I) Immunosuppresessants.\n ``(II) Antidepressants.\n ``(III) Antipsychotics.\n ``(IV) Anticonvulsants.\n ``(V) Antiretrovials.\n ``(VI) Antineoplastics.\n ``(ii) Coverage of all unique dosage \n forms.--To meet the requirement under clause \n (i), the formulary must include all covered \n part D drugs and unique dosages and forms of \n such drugs in the categories specified in such \n clause, except for--\n ``(I) multi-source brands of the \n identical molecular structure;\n ``(II) extended release products in \n the case that the immediate release \n product involved is included on the \n formulary;\n ``(III) products that have the same \n active ingredient; and\n ``(IV) dosage forms that do not \n provide a unique route of \n administration, such as tablets and \n capsules.\n ``(iii) Application to new fda-approved \n drugs.--In the case of a drug that becomes a \n covered part D drug and that is included in a \n category specified in clause (i), clause (i) \n shall apply to such drug 30 days after the drug \n has been placed on the market. Nothing in the \n previous sentence shall be construed as \n preventing a pharmacy and therapeutic committee \n from advising a PDP sponsor of a prescription \n drug plan on the clinical appropriateness of \n formulary management practices and policies \n related to new drugs in such categories.\n ``(iv) Utilization management tools not \n permitted.--A PDP sponsor of a prescription \n drug plan may not apply a utilization \n management tool, such as prior authorization or \n step therapy, to a drug required under clause \n (i) to be included on the formulary.\n ``(v) Rules of construction.--\n ``(I) Issuance of guidance or \n regulations to establish formulary or \n utilization management requirements \n permitted.--Nothing in this \n subparagraph shall be construed as \n prohibiting the Secretary from issuing \n guidance or regulations to establish \n formulary or utilization management \n requirements under this section for any \n category or class of covered part D \n drugs if such guidance or regulations \n are consistent with the requirements of \n this subparagraph.\n ``(II) Additional therapeutic \n categories permitted.--Nothing in this \n subparagraph shall be construed as \n prohibiting the Secretary from \n including any additional therapeutic \n category or class of covered part D \n drugs under clause (i) for purposes of \n this subparagraph.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to plan years beginning on or after January 1, \n 2008.\n (b) Special Requirements for Coverage Determinations, \nReconsiderations, and Appeals for Drugs Included in Specified \nTherapeutic Categories.--\n (1) In general.--Section 1860D-4(g) of the Social Security \n Act (42 U.S.C. 1395w-104(g)) is amended by adding at the end \n the following new paragraph:\n ``(3) Reconsideration of determinations related to drugs \n included in specified therapeutic categories conducted by \n independent review entity.--With respect to a part D eligible \n individual enrolled in a prescription drug plan, in the case of \n a determination under this subsection that denies such \n individual coverage (in whole or in part) of a drug in a \n category specified in subsection (b)(3)(G)(i), the individual \n may request that the reconsideration of such determination \n authorized under section 1852(g)(2) (as applied by paragraph \n (1)) be conducted by the independent, outside entity described \n in paragraph (4) of section 1852(g) in accordance with the \n procedures for an expedited reconsideration under paragraph (3) \n of such section.\n ``(4) Required coverage of drugs included in specified \n therapeutic categories during determinations, reconsiderations, \n and appeals.--If a part D eligible individual enrolled in a \n prescription drug plan offered by a PDP sponsor requests a \n redetermination or reconsideration under this subsection (or an \n appeal under subsection (h)) with respect to an utilization \n management requirement or denial of coverage (in whole or in \n part) of a drug in a category specified in subsection \n (b)(3)(G)(i), such sponsor shall provide such individual with \n coverage of such drug as prescribed during the pendency of such \n redetermination, reconsideration, or appeal until 60 days after \n the date of receipt of a written notification of--\n ``(A) in the case that the individual does not \n request a reconsideration or appeal, the determination \n on such redetermination;\n ``(B) in the case that the individual requests a \n reconsideration but not an appeal, the determination on \n such reconsideration; or\n ``(C) in the case that the individual requests an \n appeal, the determination on such appeal or the \n dismissal of the appeal;\n except that in no case shall such coverage end before the end \n of the period in which an individual may file an appeal with \n respect to the determination involved.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to requests for redeterminations, reconsiderations, \n and appeal hearings made on or after the effective date \n described in subsection (a)(2).\n (c) Reporting Requirements for Drugs Included in Specified \nTherapeutic Categories.--\n (1) In general.--Section 1860D-4(b) of the Social Security \n Act (42 U.S.C. 1395w-104(b)) is amended by adding at the end \n the following new paragraph:\n ``(4) Reporting requirements for drugs included in \n specified therapeutic categories.--\n ``(A) Reports by pdp sponsors.--A PDP sponsor \n offering a prescription drug plan shall submit to the \n Secretary (in a form and manner specified by the \n Secretary), with respect to drugs in a category of \n covered part D drugs specified in subsection \n (b)(3)(G)(i), information on the number of favorable \n and unfavorable decisions under the plan relating to \n coverage determinations, redeterminations, \n reconsiderations, appeals, and enrollee requests for \n exceptions to formulary policies for such drugs.\n ``(B) Report to congress.--The Secretary shall \n submit an annual report to Congress summarizing the \n information submitted under subparagraph (A) and shall \n publish each report in the Federal Register.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to prescription drug plans and MA plans for plan \n years beginning on or after the effective date described in \n subsection (a)(2).","summary":"Medicare Part D Drug Class Protection Act of 2007 - Amends part D of title XVIII (Medicare) of the Social Security Act to require that Medicare prescription drug plans using formularies cover all drugs included in six specified therapeutic categories. Sets forth special requirements for reconsideration of coverage determinations, and appeals for drugs included in such categories. Establishes reporting requirements for drugs in these categories.","title":"To amend title XVIII of the Social Security Act to require that Medicare prescription drug plans using formularies cover all drugs included in 6 specified therapeutic categories, to establish protective requirements for coverage determinations, reconsiderations, and appeals related to such drugs, and to require annual reports on such determinations, reconsiderations, and appeals.","text_len":10093,"sum_len":448} {"bill_id":"103_s1326","text":"That this Act may be cited as the ``Federal Forage Fee Act of \n1993''.\n\nSECTION 1. FINDINGS.\n\n (a) Findings.--Congress finds and declares that--\n (1) it is in the national interest that the public lands \n are producing and continue to produce water and soil \n conservation benefits, livestock forage, wildlife forage and \n recreation and other multiple use opportunities;\n (2) rangelands will continue to be stabilized and improved \n long term by providing for cooperative agreements, private, \n public partnerships and flexibility in management programs and \n agreements;\n (3) to assure sound management and stewardship of the \n renewable resources it is imperative to charge a fee that is \n reasonable and equitable and represents the fair value of the \n forage provided;\n (4) the intermingled private-public land ownership patterns \n prevailing in much of the west create a strong interdependence \n between public and private lands for forage, water, and habitat \n for both wildlife and livestock;\n (5) the social and economic infrastructure of many rural \n communities and stability of job opportunities in many areas of \n rural America are highly independent on the protection of the \n value of privately held production units on Federal lands.\n\nSEC. 2. ENVIRONMENTAL AND LAND USE REQUIREMENTS.\n\n Unless contrary to this statute, all grazing operations conducted \non any Federal lands shall be subject to all applicable Federal, State, \nand local laws, including but not limited to:\n (1) Animal Damage Control Act (7 U.S.C. 426-426b).\n (2) Bankhead-Jones Farm Tenant Act (50 Stat. 522) as \n amended.\n (3) Clean Air Act (42 U.S.C. 7401-7642) as amended.\n (4) Endangered Species Act of 1973 (16 U.S.C. 1531-1544) as \n amended.\n (5) Federal Advisory Committee Act (86 Stat. 770), as \n amended.\n (6) Federal Grant and Cooperative Agreement Act of 1977 (92 \n Stat. 3).\n (7) Federal Insecticide, Fungicide, and Rodenticide Act (7 \n U.S.C. 136-136y), as amended.\n (8) Federal Land Policy and Management Act of 1976 (43 \n U.S.C. 1701 et seq.).\n (9) Federal Water Pollution Control Act (33 U.S.C. 1251 \n 1387), as amended.\n (10) Forest and Rangeland Renewable Resources Planning Act \n of 1974 (16 U.S.C. 1600-1614).\n (11) Granger-Thye Act (64 Stat. 82).\n (12) Independent Offices Appropriations Act of 1952 (31 \n U.S.C. 9701), as amended, title V.\n (13) Multiple Use Sustained Yield Act of 1960 (16 U.S.C. \n 528-531).\n (14) National Environmental Policy Act of 1969 (42 U.S.C. \n 4321-4370a), as amended.\n (15 National Forest Management Act of 1976 (16 U.S.C. 1600, \n 1611-1614).\n (16) Public Rangelands Improvement Act of 1978 (92 Stat. \n 1803).\n (17) Taylor Grazing Act (48 Stat. 1269), as amended.\n (18) Wilderness Act (78 Stat. 890), as amended.\n\nSEC. 3. FEE SCHEDULE.\n\n (a) For the purpose of this section the terms:\n (1) ``Sixteen Western States'' means WA, CA, ID, NV, NM, \n WY, CO, KS, SD, ND, NE, OR, OK, AZ, UT and MT.\n (2) ``AUM'' means an animal unit month as that term is used \n in the Public Rangeland Improvement Act (92 Stat. 1803);\n (3) ``Authorized Federal AUMs'' means all ``allotted AUMs'' \n reported by BLM and ``permitted to graze AUMs'' reported by \n USFS.\n (4) ``WAPLLR'' means the weighted average private land \n lease rate determined by multiplying the private land lease \n rate reported by the Economic Research Service for the previous \n calendar year for each of the sixteen Western States by the \n total number of authorized Federal AUMs, as defined in section \n 3(a)(3), in each State for the previous fiscal year, then that \n result divided by the total number of authorized Federal AUMs \n for the sixteen Western States. These individual State results \n are then added together and divided by 16 to yield a weighted \n average private land lease rate for that year.\n (5) ``Report'' means the report titled ``Grazing Fee Review \n and Evaluation Update of the 1986 Final Report'' dated April \n 30, 1992 and prepared by the Departments of the Interior and \n Agriculture.\n (6) ``Nonfee cost differential'' means a value calculated \n annually by the Secretaries by multiplying the weighted \n difference in nonfee costs per AUM between public land and \n private land by the Input Cost Index (ICI) determined annually \n by the Department of Agriculture. The weighted difference in \n nonfee costs is a factor of 0.552 determined by deducting the \n private AUM nonfee costs (as outlined on page 58 of the report) \n from the public AUM nonfee costs for cattle times 4, added to \n the result of deducting private AUM nonfee costs from public \n AUM nonfee costs for sheep times 1, then that result divided by \n 5.''\n (7) ``Net production differential'' is the percentage \n calculated annually by dividing the cash receipts per cow for \n Federal permittee livestock producers by the cash receipts per \n cow for western non-Federal livestock producers in the sixteen \n Western States as surveyed by the Economic Research Service in \n annual cost of production surveys (COPS).\n (8) ``PLFVR'' means the private lease forage value ratio \n determined by dividing the average of the 1964-1968 base years' \n private land lease rate into the forage value portion of the \n private land lease rate of $1.78 as determined in the 1966 \n western livestock grazing survey.\n (b) The Secretaries of the Department of Agriculture and the \nDepartment of the Interior shall calculate annually the Federal forage \nfee by calculating the average of the WALLPR for the preceding three \nyears; multiplying it by the PLFVR; then deducting from that result the \nnonfee cost differential; and multiplying that result by the net \nproduction differential. For each year that this calculation is made, \nall data used for calculating this fee shall come from the calendar \nyear previous to the year for which the fee is being calculated unless \nspecified otherwise in the above calculations.\n (c) The Federal forage fee shall apply to all authorized Federal \nAUMs under the jurisdiction of the United States Department of \nAgriculture and the United States Department of the Interior.\n (d) For the first year that the Secretaries calculate the Federal \nforage fee, the fee shall not be greater than 125 percent, or less than \n75 percent of the fee calculated for the previous year pursuant to \nExecutive Order 12548 dated February 14, 1986. For each year after the \nfirst year that the Secretaries calculate the Federal forage fee, the \nfee shall not be greater than 125 percent, or less than 75 percent of \nthe Federal forage fee calculated for the previous year.\n (e) The survey of nonfee costs used to calculate the nonfee cost \ndifferential shall be updated periodically by the Secretaries so as to \nreflect as accurately as possible the actual nonfee costs incurred by \nthe cattle and sheep industry that utilizes public lands in the sixteen \nWestern States. The results of the updated survey shall be incorporated \ninto the calculation of the Non Fee Cost Differential as they become \navailable.","summary":"Federal Forage Fee Act of 1993 - Subjects grazing operations on Federal land to applicable Federal, State, and local environmental and land use requirements. Sets forth a forage fee formula for lands under the jurisdiction of the Department of Agriculture and the Department of the Interior.","title":"Federal Forage Fee Act of 1993","text_len":7788,"sum_len":291} {"bill_id":"114_hr4066","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Innovation Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Advanced fission reactor.--The term ``advanced fission \n reactor'' means a nuclear fission reactor with significant \n improvements over the most recent generation of nuclear \n reactors, which may include inherent safety features, lower \n waste yields, greater fuel utilization, superior reliability, \n resistance to proliferation, and increased thermal efficiency.\n (2) Department.--The term ``Department'' means the \n Department of Energy.\n (3) National laboratories.--The term ``National \n Laboratories'' has the meaning given the term in section 2 of \n the Energy Policy Act of 2005 (42 U.S.C. 15801).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n\nSEC. 3. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.\n\n (a) Modeling and Simulation.--The Secretary shall carry out a \nprogram to enhance the Nation's capabilities to develop new reactor \ntechnologies through high-performance computation modeling and \nsimulation techniques. This program shall coordinate with relevant \nFederal agencies through the National Strategic Computing Initiative \ncreated under Executive Order 13702 (July 29, 2015) while taking into \naccount the following objectives:\n (1) Utilizing expertise from the private sector, \n universities, and National Laboratories to develop \n computational software and capabilities that prospective users \n may access to accelerate research and development of advanced \n fission reactor systems, nuclear fusion systems, and reactor \n systems for space exploration.\n (2) Developing computational tools to simulate and predict \n nuclear phenomena that may be validated through physical \n experimentation.\n (3) Increasing the utility of the Department's research \n infrastructure by coordinating with the Advanced Scientific \n Computing Research program within the Office of Science.\n (4) Leveraging experience from the Energy Innovation Hub \n for Modeling and Simulation.\n (5) Ensuring that new experimental and computational tools \n are accessible to relevant research communities.\n (b) Supportive Research Activities.--The Secretary shall consider \nsupport for additional research activities to maximize the utility of \nits research facilities, including physical processes to simulate \ndegradation of materials and behavior of fuel forms and for validation \nof computational tools.\n\nSEC. 4. ENABLING NUCLEAR ENERGY INNOVATION.\n\n (a) National Reactor Innovation Center.--The Secretary shall carry \nout a program to enable the testing and demonstration of reactor \nconcepts to be proposed and funded by the private sector. The Secretary \nshall leverage the technical expertise of relevant Federal agencies and \nNational Laboratories in order to minimize the time required to enable \nconstruction and operation of privately funded experimental reactors at \nNational Laboratories or other Department-owned sites while ensuring \nreasonable safety for persons working within these sites. Such reactors \nshall operate to meet the following objectives:\n (1) Enabling physical validation of novel reactor concepts.\n (2) Resolving technical uncertainty and increasing \n practical knowledge relevant to safety, resilience, security, \n and functionality of first-of-a-kind reactor concepts.\n (3) General research and development to improve nascent \n technologies.\n (b) Reporting Requirement.--Not later than 180 days after the date \nof enactment of this Act, the Secretary, in consultation with the \nNational Laboratories, relevant Federal agencies, and other \nstakeholders, shall transmit to the Committee on Science, Space, and \nTechnology of the House of Representatives and the Committee on Energy \nand Natural Resources of the Senate a report assessing the Department's \ncapabilities to authorize, host, and oversee privately funded fusion \nand advanced fission experimental reactors as described under \nsubsection (a). The report shall address the following:\n (1) The Department's safety review and oversight \n capabilities, including options to leverage expertise from the \n Nuclear Regulatory Commission and National Laboratories.\n (2) Potential sites capable of hosting activities described \n under subsection (a).\n (3) The efficacy of the Department's available contractual \n mechanisms to partner with the private sector and Federal \n agencies, including cooperative research and development \n agreements, strategic partnership projects, and agreements for \n commercializing technology.\n (4) Potential cost structures related to physical security, \n decommissioning, liability, and other long term project costs.\n (5) Other challenges or considerations identified by the \n Secretary.","summary":"Nuclear Innovation Act This bill directs the Department of Energy (DOE) to carry out a program for enhancing the US capability to develop new reactor technologies through high-performance computation modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. DOE shall also carry out a program to: enable the testing and demonstration of reactor concepts proposed and funded by the private sector, and leverage the technical expertise of relevant federal agencies and national laboratories to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites. These reactors shall operate to: enable physical validation of novel reactor concepts. Resolve technical uncertainty and increase practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts, and generate research and development to improve nascent technologies.","title":"Nuclear Innovation Act","text_len":5182,"sum_len":1105} {"bill_id":"103_hr1872","text":"SECTION 1. FLEXIBILITY FOR SCHOOLS.\n\n The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 \net seq.) is amended--\n (1) by redesignating sections 8001 through 8005 as 10001 \n through 10005; and\n (2) by inserting after title VII the following:\n\n ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT\n\n``SEC. 8001. PURPOSE.\n\n ``It is the purpose of this title to allow States, local \neducational agencies, and schools the flexibility to use and combine \nFederal, State, and local funds as part of systemic educational reform \nplans to improve the educational achievement of elementary and \nsecondary school students by waiving certain statutory and regulatory \nrequirements.\n\n``SEC. 8002. PROGRAM AUTHORIZED.\n\n ``(a) Education Programs.--The Secretary of Education is authorized \nto waive certain statutory and regulatory requirements (except as \nprovided in section 8004) for States that can demonstrate that such \nwaivers are part of a systemwide education reform plan and where such \nStates and local educational agencies have implemented similar waiver \nplans.\n ``(b) Additional Programs.--Waivers may also be requested for \nrequirements regarding the following programs:\n ``(1) The Head Start Act.\n ``(2) The Runaway and Homeless Youth Act.\n ``(3) The Juvenile Justice and Delinquency Prevention Act.\n ``(4) The National School Lunch Act.\n ``(5) The School Breakfast Program.\n ``(6) The Child and Adult Care Food Program.\n ``(7) The Special School Milk Program.\n ``(8) The Summer Food Service Program.\n ``(9) The Community Services Block Grant Program.\n``If such waivers are requested, the Secretary shall consult with the \nheads of other appropriate Federal agencies, if any, in determining \nwhether to approve a project. The Secretary shall obtain the approval \nof such agency head as part of final approval of such project.\n\n``SEC. 8003. APPLICATIONS.\n\n ``(a) General Requirements.--A school, local educational agency, or \nState that desires to receive a waiver under this title shall--\n ``(1) indicate which requirements are to be waived and how \n waiving such requirements is an integral part of the systemic \n reform plan and will improve educational achievement among \n students;\n ``(2) identify the Federal programs to be included in the \n project;\n ``(3) indicate which State and local requirements shall be \n waived;\n ``(4) describe specific, measurable educational improvement \n goals and expected outcomes;\n ``(5) describe methods to be used to measure progress \n toward meeting such goals;\n ``(6) describe the student population at proposed schools, \n including--\n ``(A) current data regarding the achievement levels \n of students, particularly disadvantaged students;\n ``(B) the number of students who--\n ``(i) are of limited English proficiency, \n as defined in section 7003(a)(1) of the \n Bilingual Education Act;\n ``(ii) are children with disabilities, as \n defined in section 602(a)(1) of the Individuals \n with Disabilities Act;\n ``(iii) are currently or within the past 5 \n years were migratory;\n ``(iv) are educationally deprived for the \n purposes of chapter 1 of title I of this Act; \n and\n ``(v) are eligible for a free or reduced-\n price lunch.\n ``(b) Additional Requirements.--The Secretary of Education may \ninclude additional requirements as may reasonably be required.\n ``(c) Individual School Applications.--A local school that desires \nto receive a waiver under this title shall submit an application to the \nlocal education agency, which shall submit such application to the \nState education agency.\n ``(d) Local Applications.--(1) A local educational agency that \ndesires to receive a waiver under this title shall submit an \napplication to the State educational agency.\n ``(2) A State educational agency that approves an application \nsubmitted by a local education agency shall forward such application to \nthe Secretary of Education for consideration, unless such application \nrequires waivers for programs other than education programs.\n ``(3) An application that requests a waiver for a program other \nthan an education program shall be submitted to the chief executive of \nthe State and such executive shall forward such application to the \nSecretary.\n ``(e) State Applications.--(1) A State educational agency that \ndesires to receive a waiver under this title shall submit an \napplication to the Secretary for consideration, unless such application \nrequires waivers for other than education programs.\n ``(2) Such application shall be submitted to the chief executive of \nthe State for review before forwarding such application to the \nSecretary.\n\n``SEC. 8004. WAIVER RESTRICTIONS.\n\n ``Requirements which shall not be waived include--\n ``(1) requirements governing fund allocations;\n ``(2) requirements governing privacy of pupil records;\n ``(3) requirements under title VI of the Civil Rights Act \n of 1964;\n ``(4) provisions of section 504 of the Rehabilitation Act \n of 1973;\n ``(5) provisions of title II of the Americans with \n Disabilities Education Act;\n ``(6) requirements of title IX of the Education Amendments \n of 1972;\n ``(7) requirements governing pupil rights under the \n Individuals with Disabilities Act; and\n ``(8) requirements governing--\n ``(A) maintenance of effort;\n ``(B) comparability; or\n ``(C) the equitable participation of students \n attending private schools.\n\n``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE.\n\n ``(a) Local Evaluation.--Three years after a waiver is given to a \nlocal educational agency, the Secretary of Education shall evaluate the \neffectiveness of such waiver in achieving education reform and raising \nstudent achievement.\n ``(b) Technical Assistance.--If the Secretary determines that \nprogress in achieving educational reform is not satisfactory, the \nSecretary may provide technical assistance to a local educational \nagency.\n ``(c) Termination.--If the Secretary determines that the technical \nassistance does not improve educational reform efforts, the Secretary \nmay terminate any waivers previously granted.\n ``(d) National Evaluation.--Five years after the flexibility \nprogram is implemented and at the end of every succeeding five-year \nperiod, the Secretary shall evaluate the effectiveness of the \nflexibility program nationwide. The findings of such evaluation shall \nbe submitted to the Congress not later than 120 days after such \nevaluation is completed.\n\n``SEC. 8006. REPORTS.\n\n ``(a) Local Reports.--A local educational agency or school that \nparticipates in a flexibility project under this title shall submit an \nannual report to the State educational agency that--\n ``(1) describes project activities;\n ``(2) evaluates the progress in achieving the goals stated \n in the application; and\n ``(3) evaluates the effectiveness of coordinating services \n for students and their families.\n ``(b) State Reports.--A State that participates in a flexibility \nproject under this title shall submit an annual report to the Secretary \nof Education which evaluates the progress in achieving goals stated in \nthe application.\n ``(c) Secretary Reports.--The Secretary of Education shall submit \nto the Congress a biennial report regarding the national progress of \nflexibility programs and the effect of such programs on educational \nreform.''.","summary":"Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. Sets forth requirements for waiver applications, restrictions, evaluations, technical assistance, and reports.","title":"To provide flexibility in education.","text_len":8195,"sum_len":568} {"bill_id":"107_hr4962","text":"TITLE III--RURAL HEALTH CARE IMPROVEMENTS\n\nSEC. 301. REFERENCE TO FULL MARKET BASKET INCREASE FOR SOLE COMMUNITY \n HOSPITALS.\n\n For provision eliminating any reduction from full market basket in \nthe update for inpatient hospital services for sole community \nhospitals, see section 401.\n\nSEC. 302. ENHANCED DISPROPORTIONATE SHARE HOSPITAL (DSH) TREATMENT FOR \n RURAL HOSPITALS AND URBAN HOSPITALS WITH FEWER THAN 100 \n BEDS.\n\n (a) Blending of Payment Amounts.--\n (1) In general.--Section 1886(d)(5)(F) (42 U.S.C. \n 1395ww(d)(5)(F)) is amended by adding at the end the following \n new clause:\n ``(xiv)(I) In the case of discharges in a fiscal year beginning on \nor after October 1, 2002, subject to subclause (II), there shall be \nsubstituted for the disproportionate share adjustment percentage \notherwise determined under clause (iv) (other than subclause (I)) or \nunder clause (viii), (x), (xi), (xii), or (xiii), the old blend \nproportion (specified under subclause (III)) of the disproportionate \nshare adjustment percentage otherwise determined under the respective \nclause and 100 percent minus such old blend proportion of the \ndisproportionate share adjustment percentage determined under clause \n(vii) (relating to large, urban hospitals).\n ``(II) Under subclause (I), the disproportionate share adjustment \npercentage shall not exceed 10 percent for a hospital that is not \nclassified as a rural referral center under subparagraph (C).\n ``(III) For purposes of subclause (I), the old blend proportion for \nfiscal year 2003 is 80 percent, for each subsequent year (through 2006) \nis the old blend proportion under this subclause for the previous year \nminus 20 percentage points, and for each year beginning with 2007 is 0 \npercent.''.\n (2) Conforming amendments.--Section 1886(d)(5)(F) (42 \n U.S.C. 1395ww(d)(5)(F)) is amended--\n (A) in each of subclauses (II), (III), (IV), (V), \n and (VI) of clause (iv), by inserting ``subject to \n clause (xiv) and'' before ``for discharges occurring'';\n (B) in clause (viii), by striking ``The formula'' \n and inserting ``Subject to clause (xiv), the formula''; \n and\n (C) in each of clauses (x), (xi), (xii), and \n (xiii), by striking ``For purposes'' and inserting \n ``Subject to clause (xiv), for purposes''.\n (b) Effective Date.--The amendments made by this section shall \napply with respect to discharges occurring on or after October 1, 2002.\n\nSEC. 303. 2-YEAR PHASED-IN INCREASE IN THE STANDARDIZED AMOUNT IN RURAL \n AND SMALL URBAN AREAS TO ACHIEVE A SINGLE, UNIFORM \n STANDARDIZED AMOUNT.\n\n Section 1886(d)(3)(A)(iv) (42 U.S.C. 1395ww(d)(3)(A)(iv)) is \namended--\n (1) by striking ``(iv) For discharges'' and inserting \n ``(iv)(I) Subject to the succeeding provisions of this clause, \n for discharges''; and\n (2) by adding at the end the following new subclauses:\n ``(II) For discharges occurring during fiscal year 2003, \n the average standardized amount for hospitals located other \n than in a large urban area shall be increased by \\1\/2\\ of the \n difference between the average standardized amount determined \n under subclause (I) for hospitals located in large urban areas \n for such fiscal year and such amount determined (without regard \n to this subclause) for other hospitals for such fiscal year.\n ``(III) For discharges occurring in a fiscal year beginning \n with fiscal year 2004, the Secretary shall compute an average \n standardized amount for hospitals located in any area within \n the United States and within each region equal to the average \n standardized amount computed for the previous fiscal year under \n this subparagraph for hospitals located in a large urban area \n (or, beginning with fiscal year 2005, for hospitals located in \n any area) increased by the applicable percentage increase under \n subsection (b)(3)(B)(i).''.\n\nSEC. 304. MORE FREQUENT UPDATE IN WEIGHTS USED IN HOSPITAL MARKET \n BASKET.\n\n (a) More Frequent Updates in Weights.--After revising the weights \nused in the hospital market basket under section 1886(b)(3)(B)(iii) of \nthe Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(iii)) to reflect the \nmost current data available, the Secretary shall establish a frequency \nfor revising such weights in such market basket to reflect the most \ncurrent data available more frequently than once every 5 years.\n (b) Report.--Not later than October 1, 2003, the Secretary shall \nsubmit a report to Congress on the frequency established under \nsubsection (a), including an explanation of the reasons for, and \noptions considered, in determining such frequency.\n\nSEC. 305. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM.\n\n (a) Reinstatement of Periodic Interim Payment (PIP).--Section \n1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended--\n (1) by striking ``and'' at the end of subparagraph (C);\n (2) by adding ``and'' at the end of subparagraph (D); and\n (3) by inserting after subparagraph (D) the following new \n subparagraph:\n ``(E) inpatient critical access hospital services;''.\n (b) Condition for Application of Special Physician Payment \nAdjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by \nadding after and below subparagraph (B) the following:\n ``The Secretary may not require, as a condition for applying \n subparagraph (B) with respect to a critical access hospital, \n that each physician providing professional services in the \n hospital must assign billing rights with respect to such \n services, except that such subparagraph shall not apply to \n those physicians who have not assigned such billing rights.''.\n (c) Flexibility in Bed Limitation for Hospitals With Strong \nSeasonal Census Fluctuations.--Section 1820 (42 U.S.C. 1395i-4) is \namended--\n (1) in subsection (c)(2)(B)(iii), by inserting ``subject to \n paragraph (3)'' after ``(iii) provides'';\n (2) by adding at the end of subsection (c) the following \n new paragraph:\n ``(3) Increase in maximum number of beds for hospitals with \n strong seasonal census fluctuations.--\n ``(A) In general.--In the case of a hospital that \n demonstrates that it meets the standards established \n under subparagraph (B), the bed limitations otherwise \n applicable under paragraph (2)(B)(iii) and subsection \n (f) shall be increased by 5 beds.\n ``(B) Standards.--The Secretary shall specify \n standards for determining whether a critical access \n hospital has sufficiently strong seasonal variations in \n patient admissions to justify the increase in bed \n limitation provided under subparagraph (A).''; and\n (3) in subsection (f), by adding at the end the following \n new sentence: ``The limitations in numbers of beds under the \n first sentence are subject to adjustment under subsection \n (c)(3).''.\n (d) 5-Year Extension of the Authorization for Appropriations for \nGrant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by \nstriking ``through 2002'' and inserting ``through 2007''.\n (e) Effective Dates.--\n (1) Reinstatement of pip.--The amendments made by \n subsection (a) shall apply to payments made on or after January \n 1, 2003.\n (2) Physician payment adjustment condition.--The amendment \n made by subsection (b) shall be effective as if included in the \n enactment of section 403(d) of the Medicare, Medicaid, and \n SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-\n 371).\n (3) Flexibility in bed limitation.--The amendments made by \n subsection (c) shall apply to designations made on or after \n January 1, 2003, but shall not apply to critical access \n hospitals that were designated as of such date.\n\nSEC. 306. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES \n FURNISHED IN A RURAL AREA.\n\n (a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533) is \namended--\n (1) by striking ``24-Month Increase Beginning April 1, \n 2001'' and inserting ``In General''; and\n (2) by striking ``April 1, 2003'' and inserting ``January \n 1, 2005''.\n (b) Conforming Amendment.--Section 547(c)(2) of BIPA (114 Stat. \n2763A-553) is amended by striking ``the period beginning on April 1, \n2001, and ending on September 30, 2002,'' and inserting ``a period \nunder such section''.\n\nSEC. 307. REFERENCE TO 10 PERCENT INCREASE IN PAYMENT FOR HOSPICE CARE \n FURNISHED IN A FRONTIER AREA AND RURAL HOSPICE \n DEMONSTRATION PROJECT.\n\n For--\n (1) provision of 10 percent increase in payment for hospice \n care furnished in a frontier area, see section 422; and\n (2) provision of a rural hospice demonstration project, see \n section 423.\n\nSEC. 308. REFERENCE TO PRIORITY FOR HOSPITALS LOCATED IN RURAL OR SMALL \n URBAN AREAS IN REDISTRIBUTION OF UNUSED GRADUATE MEDICAL \n EDUCATION RESIDENCIES.\n\n For provision providing priority for hospitals located in rural or \nsmall urban areas in redistribution of unused graduate medical \neducation residencies, see section 612.\n\nSEC. 309. GAO STUDY OF GEOGRAPHIC DIFFERENCES IN PAYMENTS FOR \n PHYSICIANS' SERVICES.\n\n (a) Study.--The Comptroller General of the United States shall \nconduct a study of differences in payment amounts under the physician \nfee schedule under section 1848 of the Social Security Act (42 U.S.C. \n1395w-4) for physicians' services in different geographic areas. Such \nstudy shall include--\n (1) an assessment of the validity of the geographic \n adjustment factors used for each component of the fee schedule;\n (2) an evaluation of the measures used for such adjustment, \n including the frequency of revisions; and\n (3) an evaluation of the methods used to determine \n professional liability insurance costs used in computing the \n malpractice component, including a review of increases in \n professional liability insurance premiums and variation in such \n increases by State and physician specialty and methods used to \n update the geographic cost of practice index and relative \n weights for the malpractice component.\n (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Comptroller General shall submit to Congress a report \non the study conducted under subsection (a). The report shall include \nrecommendations regarding the use of more current data in computing \ngeographic cost of practice indices as well as the use of data directly \nrepresentative of physicians' costs (rather than proxy measures of such \ncosts).\n\nSEC. 310. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT \n BENEFIT MEDICALLY UNDERSERVED POPULATIONS.\n\n (a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-7(b)(3)) is \namended--\n (1) in subparagraph (E), by striking ``and'' after the \n semicolon at the end;\n (2) in subparagraph (F), by striking the period at the end \n and inserting ``; and''; and\n (3) by adding at the end the following new subparagraph:\n ``(G) any remuneration between a public or \n nonprofit private health center entity described under \n clause (i) or (ii) of section 1905(l)(2)(B) and any \n individual or entity providing goods, items, services, \n donations or loans, or a combination thereof, to such \n health center entity pursuant to a contract, lease, \n grant, loan, or other agreement, if such agreement \n contributes to the ability of the health center entity \n to maintain or increase the availability, or enhance \n the quality, of services provided to a medically \n underserved population served by the health center \n entity.''.\n (b) Rulemaking for Exception for Health Center Entity \nArrangements.--\n (1) Establishment.--\n (A) In general.--The Secretary of Health and Human \n Services (in this subsection referred to as the \n ``Secretary'') shall establish, on an expedited basis, \n standards relating to the exception described in \n section 1128B(b)(3)(G) of the Social Security Act, as \n added by subsection (a), for health center entity \n arrangements to the antikickback penalties.\n (B) Factors to consider.--The Secretary shall \n consider the following factors, among others, in \n establishing standards relating to the exception for \n health center entity arrangements under subparagraph \n (A):\n (i) Whether the arrangement between the \n health center entity and the other party \n results in savings of Federal grant funds or \n increased revenues to the health center entity.\n (ii) Whether the arrangement between the \n health center entity and the other party \n expands or enhances a patient's freedom of \n choice.\n (iii) Whether the arrangement between the \n health center entity and the other party \n protects a health care professional's \n independent medical judgment regarding \n medically appropriate treatment.\n The Secretary may also include other standards and \n criteria that are consistent with the intent of \n Congress in enacting the exception established under \n this section.\n (2) Interim final effect.--No later than 180 days after the \n date of enactment of this Act, the Secretary shall publish a \n rule in the Federal Register consistent with the factors under \n paragraph (1)(B). Such rule shall be effective and final \n immediately on an interim basis, subject to such change and \n revision, after public notice and opportunity (for a period of \n not more than 60 days) for public comment, as is consistent \n with this subsection.","summary":"Title III: Rural Health Care Improvements (sic) - Amends title XVIII (Medicare) of the Social Security Act to provide that, starting for discharges on or after October 1, 2002, hospitals will receive payments based on a blend of their current disproportionate share (DSH) adjustment and the current DSH adjustment for large urban hospitals. Limits such new DSH adjustment to ten percent for any hospital that is not classified as a rural referral center. Provides that for discharges occurring: (1) during FY 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by half the difference between the average standardized amount for hospitals located in large urban areas for such fiscal year, and such amount determined for other hospitals for such fiscal year. And (2) during FY 2004 and afterwards, the Secretary shall compute one standardized amount for all hospitals increased by the applicable percentage increase, and use this amount to pay all hospitals. Directs the Secretary of Health and Human Services, after revising the market basket cost weights to reflect the most current data available, to establish a frequency for revising such weights to reflect the most current data available more frequently than once every five years. Revises the critical access hospital (CAH) program to: (1) reinstate payments made on a periodic interim payment basis for inpatient services starting with payments made on or after January 1, 2003. (2) prohibit the Secretary from requiring as a condition for applying the special physician payment adjustment with respect to a CAH, that each physician providing professional services in the hospital must assign billing rights with respect to such services. (3) direct the Secretary to specify standards for determining whether a CAH has sufficiently strong seasonal variations in patient admissions to justify a five bed increase in the number of inpatient acute beds it can maintain and still retain its classification as a CAH. And (4) extend the authorization of appropriations for the Medicare rural hospital flexibility program through FY 2007. Prohibits the Secretary from recouping overpayments made for outpatient critical access hospital services under Medicare part B for services furnished in cost reporting periods that began before October 1, 2002, insofar as such overpayments are attributable to payment being based on 80 percent of reasonable costs . Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) to extend through December 31, 2004, the ten percent additional payment for home health care furnished to beneficiaries residing in rural areas. Directs the Comptroller General to study and report to Congress on differences in payment amounts under the physician fee schedule for physicians' services in different geographic areas. Amends SSA title XI to provide that any remuneration in the form of a contract, lease, grant, loan, or other agreement between a public or non-profit private health center and any individual or entity providing goods or services to the health center is not a violation of the anti-kickback statute if such agreement contributes to the ability of the health center to maintain or increase the availability or quality of services provided to a medically underserved population served by the health center.","title":"To amend title XVIII of the Social Security Act to make rural health care improvements under the Medicare Program.","text_len":15095,"sum_len":3398} {"bill_id":"109_hr634","text":"SECTION 1. FINDINGS.\n\n The Congress makes the following findings:\n (1) Poland is one of the closest allies of the United \n States in Europe and worldwide; the diplomatic, political, \n military, and economic relationships between the two countries \n have never been better in history, but personal contacts among \n ordinary individuals are lagging behind. Over the medium and \n long terms, this will start to affect the overall quality of \n the strategic partnership between the United States and Poland.\n (2) Poland has actively participated in the global campaign \n against terrorism led by the United States. There is an \n indication that the threat of potential terrorist activities \n generated in Poland is actually smaller than that in most of \n the 27 countries currently participating in the visa waiver \n program established under section 217 of the Immigration and \n Nationality Act. Polish citizens have not been involved in any \n form of terrorist activities on the territory of the United \n States or against the interests of the United States overseas.\n (3) Since joining the North Atlantic Treaty Organization on \n March 12, 1999, Poland has proven to be a reliable partner and \n a capable guarantor of NATO security in Kosovo and Afghanistan.\n (4) From the first days of Operation Iraqi Freedom, Poland \n has been a staunch ally to the United States and has committed \n its soldiers to help with ongoing stabilization efforts in \n Iraq.\n (5) In recognition of the historic changes in our bilateral \n relations and motivated by the sincere need to enhance contacts \n between Polish and United States citizens, on April 15, 1991, \n Poland unilaterally repealed its visa obligation for United \n States citizens seeking to travel to Poland for a period of 90 \n days or less.\n (6) The Polish-American community of 9.3 million people \n contributed significantly to the development of the United \n States.\n (7) Since the movement known as ``Solidarity'' and the \n turning point of 1989, Poland has undergone great political, \n social, and economic changes. It has become a nation committed \n to traditional values, rules of law, freedom, and democracy.\n (8) On May 1, 2004, Poland became a member state of the \n vibrant European Union. Poland is a free market economy, and \n Poland's integration within the European structures has had a \n stabilizing effect on its economy.\n (9) More than 150,000 Polish citizens visited the United \n States in 2003.\n (10) Poland's visa refusal rate has declined dramatically, \n and it continues to decline. Nevertheless, the visa refusal \n rate is an arbitrary standard that is not an objective \n measurement because it does not reflect the propensity of \n nationals from Poland to violate the terms of their admission \n into the United States.\n (11) Poland participates in the work and travel program \n that allows about 25,000 Polish students to visit the United \n States each year.\n (12) Warsaw International Airport Okecie participates in \n the pilot program of voluntary passenger screening for \n passengers leaving Warsaw to fly to the United States.\n (13) If Poland is allowed to conditionally participate in \n the visa waiver program, the Polish government will develop and \n implement a campaign to prevent Polish citizens from remaining \n in the United States beyond their authorized period of \n admission or otherwise violating the terms of their admission \n into the United States.\n (14) The Polish government is committed to becoming a \n successful part of the visa waiver program.\n (15) Poland is ready to demonstrate that adequate \n safeguards against fraudulent use of its passports are in \n place, including proper storage of blank passports and \n sufficient screening of passport applicants.\n (16) Poland is determined to fulfill its obligations and \n introduce extremely safe passports for its citizens, including \n two mandatory biometric identifiers. This is in addition to \n satisfaction of the machine-readable requirements for passports \n described in the Immigration and Nationality Act.\n (17) On February 23, 2004, and May 11, 2004, the assemblies \n of New Jersey and Massachusetts, respectively, enacted \n resolutions urging the President and the Congress to make \n Poland eligible for the visa waiver program.\n\nSEC. 2. TEMPORARY AND CONDITIONAL DESIGNATIONS OF POLAND FOR VISA \n WAIVER PROGRAM.\n\n (a) Temporary Designation.--\n (1) In general.--Effective on the date of the enactment of \n this Act, and notwithstanding section 217(c) of the Immigration \n and Nationality Act (8 U.S.C. 1187(c)), Poland temporarily \n shall be designated a program country for purposes of the visa \n waiver program established under section 217 of such Act.\n (2) Expiration.--The temporary designation described in \n paragraph (1) shall expire on the date that is 18 months after \n the date of the enactment of this Act.\n (b) Review.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of Homeland Security shall determine the \noverstay rate for the portion of the period of temporary designation \ndescribed in subsection (a) that has elapsed when the determination is \nmade. Based on such calculation, the Secretary shall determine whether \nPoland permanently, but conditionally, shall be designated a program \ncountry for purposes of such visa waiver program.\n (c) Duration, Suspension, and Termination of Conditional \nDesignation.--\n (1) In general.--Notwithstanding any other provision of \n law, if the Secretary determines under subsection (b) that \n Poland permanently, but conditionally, shall be designated a \n program country, Poland shall continue to be a program country \n for purposes of the visa waiver program as long as the annual \n overstay rate for each fiscal year remains below 3 percent.\n (2) Suspension.--If the overstay rate for a fiscal year \n exceeds 3 percent, the Secretary of Homeland Security shall \n suspend the designation of Poland as a program country for \n purposes of the visa waiver program for a period of 1 year.\n (3) Termination.--If the annual overstay rate exceeds 3 \n percent for any two fiscal years (regardless of whether such \n years are consecutive), the Secretary of Homeland Security \n shall terminate the designation of Poland as a program country \n for purposes of the visa waiver program.\n (4) Redesignation.--The Secretary of Homeland Security may \n redesignate Poland as a program country without regard to any \n other law when the Secretary determines that Poland has \n established satisfactory new safeguards to ensure that the \n overstay rate will remain acceptably low.\n (d) Definition.--For purposes of this section, the term ``overstay \nrate'' means the percentage which--\n (1) the total number of nationals of Poland who were \n admitted as nonimmigrant visitors during the applicable \n measurement period and who violated the terms of such \n admission; bears to\n (2) the total number of nationals of such country who \n applied for admission as nonimmigrant visitors during such \n period.","summary":"Temporarily designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program (VWP), notwithstanding designation requirements of current law. Requires the Secretary of Homeland Security to determine the nonimmigrant visa overstay rate for Polish nationals for the elapsed period of temporary designation and, based on such calculation, to determine whether Poland shall be designated permanently but conditionally for VWP purposes. States that, if permanently but conditionally designated, Poland shall remain a VWP country as long as the annual overstay rate remains below three percent. Requires the Secretary to: (1) suspend VWP designation for one year if the overstay rate exceeds three percent. And (2) terminate VWP designation if the overstay rate exceeds three percent for any two fiscal years, with the possibility of redesignation.","title":"To designate Poland as a program country under the visa waiver program established under section 217 of the Immigration and Nationality Act, subject to special conditions.","text_len":7925,"sum_len":889} {"bill_id":"112_hr2623","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``9\/11 Commission Review Act''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established in the legislative branch a National \nCommission to Review the National Response Since the Terrorist Attacks \nof September 11, 2001 (referred to as the ``9\/11 Review Commission'').\n\nSEC. 3. PURPOSES OF THE 9\/11 REVIEW COMMISSION.\n\n The 9\/11 Review Commission shall conduct a comprehensive review of \nthe implementation of the recommendations proposed in the report issued \nby the National Commission on Terrorist Attacks Upon the United States \n(commonly known as the ``9\/11 Commission''), as established pursuant to \nsection 601 of the Intelligence Authorization Act for Fiscal Year 2003 \n(Public Law 107-306). The review of the 9\/11 Review Commission shall--\n (1) assess the progress and challenges in carrying out the \n recommendations of the 9\/11 Commission, including any relevant \n legislation, Executive order, regulation, plan, policy, \n practice, or procedure implemented since the attacks of \n September 11, 2001;\n (2) analyze the trends of domestic terror attacks since the \n attacks of September 11, 2001, including the growing influence \n of domestic radicalization and its causes, and recommendations \n on how Federal, State, and local agencies can deter and \n mitigate such radicalization;\n (3) investigate whether there exists evidence that was not \n considered by the 9\/11 Commission of any conduct, \n relationships, or other factors which served in any manner to \n contribute to, facilitate, support, or assist the hijackers who \n carried out the terrorist attacks of September 11, 2001; and\n (4) provide additional recommendations with regard to \n protecting United States homeland security, ensuring \n interagency intelligence sharing, and other matters relating to \n counterterrorism policy.\n\nSEC. 4. COMPOSITION OF THE 9\/11 REVIEW COMMISSION.\n\n The 9\/11 Review Commission shall be composed of a chairman, to be \nappointed by the Speaker of the House of Representatives, and a vice \nchairman, to be appointed by the Majority Leader of the Senate.\n\nSEC. 5. AUTHORITY OF 9\/11 REVIEW COMMISSION.\n\n (a) Hearings and Evidence.--The 9\/11 Review Commission, or any \npanel acting on the authority of the 9\/11 Review Commission, may--\n (1) hold hearings, take testimony, receive evidence, and \n administer oaths; and\n (2) subject to subsection (b)(1), require, by subpoena or \n otherwise, the attendance and testimony of such witnesses and \n the production of such books, records, correspondence, \n memoranda, electronic communications, papers, and documents, as \n the 9\/11 Review Commission or such designated panel may \n determine advisable.\n (b) Subpoena Authority.--\n (1) Issuance.--Upon the agreement of the chairman and the \n vice chairman, the chairman may issue a subpoena to compel the \n production of documents or sworn testimony.\n (2) Process.--Subpoenas issued pursuant to this subsection \n shall be signed by the chairman or any person designated by the \n chairman, and may be served by any person designated by the \n chairman.\n (3) Enforcement.--\n (A) In general.--In the event that any person fails \n to obey a subpoena issued pursuant to paragraph (1), \n the United States district court for the judicial \n district in which the subpoenaed person resides, is \n served, or may be found, or where the subpoena is \n returnable, may issue an order requiring such person to \n appear at any designated place to testify or to produce \n documentary or other evidence. Any person failing to \n obey the order of the court may be held in contempt of \n the court.\n (B) Additional enforcement.--In the case of any \n failure of any witness to comply with any subpoena or \n to testify when summoned under authority of this \n section, the chairman may certify a statement of fact \n constituting such failure to the appropriate United \n States attorney, who may bring the matter before the \n grand jury for its action, under the same statutory \n authority and procedures as if the United States \n attorney had received a certification under sections \n 102 through 104 of the Revised Statutes of the United \n States (2 U.S.C. 192-194).\n (c) Information From Federal Agencies.--\n (1) In general.--The 9\/11 Review Commission is authorized \n to secure directly from any executive department, bureau, \n agency, board, commission, office, independent establishment, \n or instrumentality of the Government, information, suggestions, \n estimates, and statistics for the purposes of this Act. Each \n such department, bureau, agency, board, commission, office, \n independent establishment, or instrumentality shall, to the \n extent authorized by law, furnish such information, \n suggestions, estimates, and statistics directly to the 9\/11 \n Review Commission, upon request made by the chairman or the \n vice chairman.\n (2) Receipt, handling, storage, and dissemination.--\n Information shall only be received, handled, stored, and \n disseminated by the 9\/11 Review Commission, including its \n staff, in accordance with all applicable statutes, regulations, \n and Executive orders.\n (d) Advisory Panels.--The chairman may establish advisory panels \ncomposed of individuals, including such experts as the chairman \ndetermines appropriate, who may undertake investigations, evaluate \nevidence, make findings, and provide recommendations to the 9\/11 Review \nCommission.\n (e) Contracting.--The 9\/11 Review Commission may, to such extent \nand in such amounts as are provided in by appropriations, enter into \ncontracts to enable the Commission to discharge its duties under this \ntitle.\n (f) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the 9\/11 Review Commission, \n on a reimbursable basis, administrative support and other \n services for the performance of the 9\/11 Review Commission's \n functions.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed in paragraph (1), the heads of Federal \n departments and agencies may provide to the 9\/11 Review \n Commission such services, funds, facilities, staff, and other \n support services as such heads may determine advisable and as \n may be authorized by law.\n (g) Postal Services.--The 9\/11 Review Commission may use the United \nStates mails in the same manner and under the same conditions as \nFederal departments and agencies.\n\nSEC. 6. COMPENSATION.\n\n The chairman and vice chairman of the 9\/11 Review Commission may \nreceive compensation in an amount not to exceed the daily equivalent of \nthe annual rate of basic pay in effect for a position at level IV of \nthe Executive Schedule under section 5315 of title 5, United States \nCode, for each day during which the chairman or vice chairman, as the \ncase may be, is engaged in the actual performance of the duties of the \n9\/11 Review Commission.\n\nSEC. 7. APPOINTMENT OF STAFF.\n\n (a) In General.--The chairman, in consultation with the vice \nchairman and in accord with any rule agreed upon by the 9\/11 Review \nCommission, may appoint and fix the compensation of a staff director \nand such other personnel as may be necessary to enable the 9\/11 Review \nCommission to carry out its functions, without regard to the provisions \nof title 5, United States Code, governing appointments in the \ncompetitive service, and without regard to the provisions of chapter 51 \nand subchapter III of chapter 53 of such title relating to \nclassification and General Schedule pay rates, except that no rate of \npay fixed under this subsection may exceed the equivalent of that \npayable for a position at level V of the Executive Schedule under \nsection 5316 of title 5, United States Code.\n (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the 9\/11 Review \nCommission, members and staff of the Commission shall be allowed travel \nexpenses, including per diem in lieu of subsistence, in the same manner \nas persons employed intermittently in the Government service are \nallowed expenses under section 5703(b) of title 5, United States Code.\n (c) Staff as Federal Employees.--\n (1) In general.--Any staff receiving compensation under \n this section shall be employees under section 2105 of title 5, \n United States Code, for purposes of chapters 63, 81, 83, 84, \n 85, 87, 89, and 90 of such title.\n (2) Members of commission.--Paragraph (1) shall not be \n construed to apply to the chairman or vice chairman.\n (d) Detailees.--Any Federal Government employee may be detailed to \nthe 9\/11 Review Commission without reimbursement from the 9\/11 Review \nCommission, and such detailee shall retain the rights, status, and \nprivileges of his or her regular employment without interruption.\n (e) Consultant Services.--The 9\/11 Review Commission is authorized \nto procure the services of experts and consultants in accordance with \nsection 3109 of title 5, United States Code, but at rates not to exceed \nthe daily rate paid to a person occupying a position at level IV of the \nExecutive Schedule under section 5315 of title 5, United States Code.\n\nSEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.\n\n The appropriate Federal agencies or departments shall provide to \nthe 9\/11 Review Commission, to the extent possible, personnel with \nappropriate security clearances. No person shall be provided with \naccess to classified information under this Act without the appropriate \nsecurity clearances.\n\nSEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.\n\n (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) \nshall not apply to the 9\/11 Review Commission.\n (b) Public Meetings and Release of Public Versions of Reports.--The \n9\/11 Review Commission shall--\n (1) hold public hearings and meetings to the extent \n appropriate; and\n (2) release public versions of the reports required under \n this Act.\n (c) Public Hearings.--Any public hearings of the 9\/11 Review \nCommission shall be conducted in a manner consistent with the \nprotection of information provided to or developed for or by the 9\/11 \nReview Commission as required by any applicable statute, regulation, or \nExecutive order.\n\nSEC. 10. REPORTS OF 9\/11 REVIEW COMMISSION.\n\n (a) Interim Reports.--The 9\/11 Review Commission may submit to the \nPresident and provide to Congress interim reports containing its \nfindings, conclusions, and recommendations, and may submit with such \nreports any classified annexes.\n (b) Final Report.--Not later than 12 months after the date of the \nenactment of this Act, the 9\/11 Review Commission shall submit to the \nPresident and appropriate congressional committees (as such term is \ndefined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. \n101)) a final report, together with a classified annex if such is \ndetermined appropriate, containing such findings, conclusions, and \nrecommendations for corrective measures as have been agreed to by the \nchairman and vice chairman.\n (c) Termination.--\n (1) In general.--The 9\/11 Review Commission, and all the \n authorities of this Act, shall terminate 30 days after the date \n on which the final report is submitted under subsection (b).\n (2) Administrative activities before termination.--The 9\/11 \n Review Commission may use the 30-day period referred to in \n paragraph (1) for the purpose of concluding its activities, \n including providing testimony to Congress concerning its \n reports and disseminating the final report.\n\nSEC. 11. FUNDING.\n\n (a) Authorization of Appropriations.--There is authorized to be \nappropriated $1,000,000 to carry out this Act.\n (b) Duration of Availability.--Amounts made available to the 9\/11 \nReview Commission under this section shall remain available until the \ntermination of the 9\/11 Review Commission.","summary":"Commission Review Act - Establishes in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001. Directs the Commission to conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States and to: (1) assess the progress and challenges in carrying out such recommendations. (2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and how federal, state, and local agencies can deter and mitigate it. (3) investigate whether there is evidence of any conduct, relationships, or other factors which served to contribute to, facilitate, support, or assist the hijackers who carried out the attacks that was not considered by the 911 Commission. And (4) provide additional recommendations with regard to US homeland security protection, interagency intelligence sharing, and counterterrorism policy.","title":"To establish a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001.","text_len":12842,"sum_len":1069} {"bill_id":"114_hr4376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pay Stub Disclosure Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The lack of a Federal requirement to provide employees \n with pay stubs indicating how their pay is calculated or to \n allow employee inspections of employers' payroll records \n significantly impedes efforts to identify and challenge wage \n and hour violations.\n (2) In a survey of 4,387 low-wage workers in New York, Los \n Angeles, and Chicago, more than a quarter of workers were paid \n less than the minimum wage and among those who worked more than \n 40 hours per week, more than three-quarters were not paid \n overtime. Fifty-seven percent of these workers reported that \n they did not receive a pay stub in the previous week.\n (3) Some employers are increasingly engaging in practices \n that make it extremely difficult for workers to calculate their \n pay, including paying workers in cash or by personal checks.\n (4) While the Fair Labor Standards Act of 1938 and the \n regulations of the Department of Labor require employers to \n keep records of employees' pay, the lack of remedies diminishes \n the effectiveness of this requirement.\n (5) The Supreme Court held in Anderson v. Mt. Clemens \n Pottery Co. (328 U.S. 680 (1946)) that where an employer fails \n to keep records that are required under the Fair Labor \n Standards Act of 1938, when an employee presents sufficient \n evidence of the ``amount and extent of that work'', for which \n the employee was ``improperly compensated'' the burden shifts \n to the employer to disprove the employee's testimony and \n evidence of the hours the employee worked and how much he or \n she was paid.\n (6) Far too many courts have failed to shift the burden to \n the employer, where the employer has failed to keep records or \n has kept inadequate records, instead giving the employer's \n testimony equal weight to credible evidence produced by the \n employee.\n\nSEC. 3. PAY STUB REQUIREMENTS.\n\n (a) Disclosure Requirements.--Section 11 of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 211) is amended by adding at the end \nthe following:\n ``(e) Information To Be Disclosed to Certain Employees.--\n ``(1) Initial Disclosure.--Each employer shall provide an \n initial disclosure to each employee who is not subject to the \n exemptions set forth in section 13 within 15 days of the date \n such employee is hired or any of the information in \n subparagraphs (A) through (C) changes with respect to that \n employee. Such disclosure shall include--\n ``(A) the rate or rates of pay and whether the \n employee is paid by the hour, shift, day, week, or job, \n or by salary, piece rate, commission, or other form of \n compensation;\n ``(B) the name of the employer and any other name \n used by the employer to conduct business; and\n ``(C) the physical address and telephone number of \n the employer's main office or principal place of \n business, and a mailing address if such mailing address \n is different from the address of the main office or \n principal place of business.\n ``(2) Disclosures Required in Each Pay Stub.--Each employer \n shall disclose to each employee who is not subject to the \n exemptions set forth in section 13 in a pay stub provided each \n pay period--\n ``(A) the pay period covered;\n ``(B) the name of the employee and the last four \n digits of the employee's Social Security number;\n ``(C) the total hours worked by the employee, \n including the number of hours worked per workweek in \n the pay period;\n ``(D)(i) in the case of an employee who is paid an \n hourly wage, the total gross and net wages paid, and \n the rate of pay for each hour worked;\n ``(ii) in the case of an employee who is paid a \n salary in lieu of an hourly wage, the amount of salary \n paid during the pay period;\n ``(iii) in the case of an employee employed at \n piece rate, the number of piece-rate units earned, the \n applicable piece rate, and total amount paid in \n accordance with such piece rate; and\n ``(iv) in the case of an employee who receives \n commission or is paid on the basis of any other type of \n rate, the total amount paid in commission or in \n accordance with such rate and any additional \n information relating to such pay as determined by the \n Secretary;\n ``(E) the number of overtime hours worked during \n each workweek of the pay period and the hourly rate of \n pay for each such overtime hour, or, in the case of an \n employee employed at piece rate, the piece rate paid \n for each such overtime hour;\n ``(F) any additional compensation paid or benefits \n provided, including an explanation of each type of \n compensation or benefit; and\n ``(G) any deductions, with an explanation of each \n deduction, and any allowances or reimbursements, with \n an explanation of each allowance or reimbursement.\n ``(3) Requirements Related to Disclosure of Compensation, Benefits, \nAllowances, and Reimbursements.--In disclosing the information required \nto be disclosed pursuant to subparagraphs (F) and (G) of paragraph \n(2)--\n ``(A) the compensation and benefits required to be \n disclosed include--\n ``(i) any bonus, paid leave (including paid \n vacation or personal time, paid sick leave, or any \n other paid leave), or other compensation;\n ``(ii) any employer contributions to health care \n coverage or to a retirement account for the employee \n and any transit or other benefits provided by the \n employer; and\n ``(iii) any additional form of pay that is required \n under State or local law, or for which records are \n required to be kept pursuant to State or local law, \n such as reporting time pay, split shift pay, paid sick \n leave, or paid family or medical leave.\n ``(B) the allowances and reimbursements required to be \n disclosed include any amounts paid to or reimbursed to an \n employee for meals, clothing, lodging, or any other item for \n which the employer makes an allowance or provides a \n reimbursement; and\n ``(C) the explanation for any additional compensation, \n benefits, allowances, or reimbursements shall be itemized and \n may not be described as `miscellaneous'.\n ``(4) Form of Disclosure Required.--The pay stub required by \nparagraph (2) shall be provided to an employee each pay period and may \nbe provided--\n ``(A) as a separate document, accompanying an employee's \n pay;\n ``(B) as a detachable part of a paycheck for employees \n receiving a paycheck; or\n ``(C) electronically, at the election of the employee, if \n the employee receives his or her pay through electronic \n deposit.''.\n (b) Recordkeeping Requirements.--Section 11 of such Act is further \namended by adding at the end of subsection (c) the following: ``An \nemployer shall keep records of the information disclosed in an \nemployee's pay stub, as required by subsection (e), for a period of \nthree years from the date of issuance of each pay stub.''.\n (c) Investigations and Inspections.--Section 11 of such Act is \nfurther amended by adding at the end of subsection (a) the following: \n``In the event that an employee requests an inspection of such \nemployee's records described in subsection (c), the employer shall \nprovide copies of such records for a period of up to three years prior \nto such request. An employer shall comply with an employee's requests \nto inspect records within 21 days of such request.''.\n (d) Notice and Posting Requirement.--Section 11 of such Act is \nfurther amended by inserting after subsection (e) (as added by \nsubsection (a)) the following:\n ``(f)(1) Every employer subject to any provision of this Act or of \nany order issued under this Act shall provide a notice to each employee \nwithin 15 days of the date of hire that includes--\n ``(A) a description of the employee's right to \n receive a pay stub and the information which the pay \n stub must contain;\n ``(B) the address and telephone number for the \n applicable local office of the Department of Labor; and\n ``(C) such additional information as the Secretary \n shall require by regulation.\n ``(2) In the case of employees employed by an employer on the date \nof enactment of this Act, the employer shall provide the notice \ndescribed in paragraph (1) within 15 days of the effective date of the \nPay Stub Disclosure Act.''.\n (e) Conforming Amendment.--The section heading of section 11 of \nsuch Act is amended by inserting ``pay stub disclosures,'' after \n``records,''.\n\nSEC. 4. ENFORCEMENT.\n\n (a) In General.--Section 16 of the Fair Labor Standards Act of 1938 \nis further amended--\n (1) in subsection (b)--\n (A) by inserting after the second sentence the \n following: ``An employer who violates subsections (e) \n or (f) of section 11 shall be liable to the affected \n employee for $50 for the initial pay period in which \n such a violation occurs and $100 per employee for each \n violation in a subsequent pay period, not to exceed an \n aggregate of $4,000 per employee.''; and\n (B) by striking ``either of the preceding \n sentences'' and inserting ``any of the preceding \n sentences'';\n (2) in subsection (e)--\n (A) by redesignating paragraphs (3) through (5) as \n paragraphs (4) through (6), respectively; and\n (B) by inserting after paragraph (2) the following:\n ``(3) An employer who fails to make, keep, and preserve records as \nrequired by section 11(c), or fails to permit a current or former \nemployee to inspect or copy records as required by section 11(a), shall \nbe subject to a civil penalty of $750 per violation.''; and\n (3) by adding at the end the following:\n ``(f) The Secretary shall have the authority, in accordance with \ninflation, to periodically increase the amounts provided for in this \nsection as penalties or recoverable in an action described in \nsubsection (b).''.\n (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215) \nis amended by adding at the end the following:\n ``(c) In the event that an employer fails to keep sufficient \nrecords as required by section 11(c) and any related regulations, the \nemployee's production of credible evidence and testimony regarding the \namount and extent of the work for which the employee was improperly \ncompensated shall be sufficient to create a rebuttable presumption that \nthe employee's records are accurate, consistent with the Supreme \nCourt's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 \n(1946)).''.\n\nSEC. 5. DEFINITIONS.\n\n Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is \namended by adding at the end the following:\n ``(z) `Pay stub' means a paper that itemizes in writing all wages \nand deductions paid to an employee each pay period.''.\n\nSEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE.\n\n (a) Regulations.--Not later than 1 year after the date of enactment \nof this Act, the Secretary of Labor shall prescribe such regulations as \nare necessary to carry out this Act, including a list of State and \nlocal laws--\n (1) with requirements that are substantially similar to the \n requirements of this Act; and\n (2) compliance with which the Secretary may determine \n satisfies the requirements of this Act.\n (b) Guidance and Technical Assistance.--In order to achieve the \nobjectives of this Act, the Secretary of Labor--\n (1) acting through the Administrator of the Wage and Hour \n Division of the Department of Labor, shall issue guidance on \n compliance with this Act regarding providing the disclosures \n required pursuant to this Act; and\n (2) shall provide technical assistance to employers, labor \n organizations, professional associations, and other interested \n persons on means of achieving and maintaining compliance with \n the provisions of this Act.\n\nSEC. 7. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on the date that \nis 6 months after final regulations are issued by the Secretary of \nLabor and not later than 18 months after the date of enactment of this \nAct.","summary":"Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation. The name of the employer and any other name used by the employer to conduct business. And the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act.","title":"Pay Stub Disclosure Act","text_len":13713,"sum_len":1419} {"bill_id":"111_hr3705","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Expand School Meals Act of 2009''.\n\nSEC. 2. FREE LUNCH ELIGIBILITY.\n\n (a) In General.--Section 9(b)(1) of the Richard B. Russell National \nSchool Lunch Act (42 U.S.C. 1758(b)(1)) is amended--\n (1) by redesignating subparagraph (B) as subparagraph (D);\n (2) by striking ``(b)(1)(A) Not'' and inserting the \n following:\n ``(b) Income Eligibility Guidelines.--\n ``(1) Establishment.--\n ``(A) In general.--Not'';\n (3) in subparagraph (A)--\n (A) in the first sentence, by striking ``and \n reduced price'';\n (B) by striking ``The income guidelines for \n determining eligibility for free lunches shall be 130 \n percent'' and inserting the following:\n ``(B) Free lunches.--The income guidelines for \n determining eligibility for free lunches shall be 185 \n percent.'';\n (C) by striking the third sentence; and\n (D) by striking ``The Office'' and inserting the \n following:\n ``(C) Frequency of revisions.--The Office''; and\n (4) in subparagraph (D) (as redesignated by paragraph \n (1))--\n (A) by striking ``(D) The'' and inserting the \n following:\n ``(D) Amount of revisions.--The''; and\n (B) by striking ``subparagraph (A) of this \n paragraph'' and inserting ``subparagraph (C)''.\n (b) Conforming Amendments.--\n (1) Section 9 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1758) is amended--\n (A) in subsection (b)--\n (i) by striking ``free and reduced price'' \n each place it appears (other than paragraph \n (7)) and inserting ``free'';\n (ii) by striking ``free or reduced price'' \n each place it appears and inserting ``free'';\n (iii) in paragraph (2)(B)(i), by striking \n ``, and shall contain'' and all that follows \n through ``or reduced price lunches'';\n (iv) in paragraph (3)--\n (I) in subparagraph (E)(iii), by \n striking ``free or reduced-price'' each \n place it appears and inserting \n ``free''; and\n (II) in subparagraph (F)--\n (aa) in clause (i), by \n striking ``Subject to clauses \n (ii) and (iii)'' and inserting \n ``Subject to clause (ii),'';\n (bb) in clause (ii)(II), by \n striking ``133 percent'' both \n places it appears in items (aa) \n and (bb) and inserting ``185 \n percent'';\n (cc) by striking clause \n (iii); and\n (dd) by redesignating \n clauses (iv) and (v) as clauses \n (iii) and (iv), respectively;\n (v) in paragraph (7)--\n (I) in the paragraph heading, by \n striking ``and reduced price'' and \n inserting ``meals'';\n (II) by striking ``and reduced \n price policy'' each place it appears \n and inserting ``meals policy''; and\n (III) in subparagraph (B), by \n striking ``and reduced price meals'' \n and inserting ``meals'';\n (vi) in paragraph (9)--\n (I) in the paragraph heading, by \n striking ``and reduced price'';\n (II) by striking subparagraph (B); \n and\n (III) by redesignating subparagraph \n (C) as subparagraph (B);\n (vii) in paragraph (10), by striking ``or a \n reduced price lunch''; and\n (viii) in paragraph (11), in the first \n sentence, by striking ``or reduced price \n lunches'';\n (B) in subsection (c), in the third sentence, by \n striking ``or at a reduced cost'';\n (C) in subsection (d), by striking ``or reduced \n price'' each place it appears; and\n (D) in subsection (e), by striking ``, reduced \n price,''.\n (2) Section 11 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1759a) is amended--\n (A) in subsection (a)--\n (i) in paragraph (1)--\n (I) in subparagraph (A), by \n striking ``and the product obtained by \n multiplying'' and all that follows \n through ``for such fiscal year'';\n (II) in subparagraph (B)--\n (aa) by striking ``or \n reduced price lunches'' the \n first place it appears;\n (bb) by striking ``or \n reduced price lunches, as the \n case may be''; and\n (cc) by striking ``and \n reduced price lunches'';\n (III) in subparagraph (C)--\n (aa) in clause (ii), by \n striking ``or reduced price \n lunches or breakfasts'' each \n place it appears; and\n (bb) in clause (iii), by \n striking ``or reduced price''; \n and\n (IV) in subparagraph (D), by \n striking ``and reduced price lunches'' \n each place it appears in clauses (iii) \n and (iv);\n (ii) in paragraph (2), by striking ``and \n the special assistance factor for reduced \n price'' and all that follows through ``free \n lunches''; and\n (iii) in paragraph (3)(B)(iii)(I), by \n striking ``or reduced price'';\n (B) in subsection (b), in the first sentence, by \n striking ``and reduced price'';\n (C) in subsection (d), by striking ``and the \n average number of children who received reduced price \n lunches'' each place it appears paragraphs (1) and (2); \n and\n (D) in subsection (e)--\n (i) in the second sentence, by striking ``, \n and shall serve meals at a reduced price'' and \n all that follows through ``such section''; and\n (ii) in the third sentence, by striking \n ``or reduced priced''.\n (3) Section 12(l)(4) of the Richard B. Russell National \n School Lunch Act (42 U.S.C. 1760(l)(4)) is amended--\n (A) in subparagraph (C), by striking ``and reduced \n price'';\n (B) by striking subparagraph (D);\n (C) in subparagraph (H), by striking ``or reduced \n price''; and\n (D) by redesignating subparagraphs (E) through (M) \n as subparagraphs (D) through (L).\n (4) Section 13 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1761) is amended--\n (A) in subsection (a)--\n (i) in paragraph (1)(C)--\n (I) by striking ``or reduced \n price''; and\n (II) by striking ``and reduced \n price''; and\n (ii) in paragraph (5), by striking ``or \n reduced price''; and\n (B) in subsection (f)(3), by striking ``or reduced \n price''.\n (5) Section 17 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1766) is amended--\n (A) in subsection (a)(2)(B)(i), by striking ``or \n reduced price'';\n (B) in subsection (c)--\n (i) in paragraph (1), by inserting ``(as \n calculated on the day before the date of \n enactment of the Expand School Meals Act of \n 2009)'' after ``lunches, reduced price \n lunches'';\n (ii) in paragraph (2), by inserting ``(as \n calculated on the day before the date of \n enactment of the Expand School Meals Act of \n 2009)'' after ``breakfasts, reduced price \n breakfasts''; and\n (iii) by striking paragraph (4) and \n inserting the following:\n ``(4) Determinations.--\n ``(A) Free meals.--Determinations with regard to \n eligibility for free meals and supplements shall be \n made in accordance with the income eligibility \n guidelines for free lunches under section 9.\n ``(B) Reduced price meals.--Determinations with \n regard to eligibility for reduced price meals and \n supplements shall be made in accordance with the income \n eligibility guidelines for reduced price lunches under \n section 9, as in effect on the day before the date of \n enactment of the Expand School Meals Act of 2009.'';\n (C) in subsection (f)(3)--\n (i) by striking ``or reduced price'' each \n place it appears; and\n (ii) in subparagraph (A)(iii)(II)(aa), in \n the item heading, by striking ``or reduced \n price''; and\n (D) in subsection (r)(1)(B), by striking ``or \n reduced price''.\n (6) Section 17A(c)(1) of the Richard B. Russell National \n School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the \n matter preceding subparagraph (A) by striking ``or reduced \n price''.\n (7) Section 18 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1769) is amended by striking subsection \n (i).\n (8) Section 19 of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1769a) is amended--\n (A) by striking ``or reduced price'' each place it \n appears; and\n (B) by striking ``and reduced price'' each place it \n appears.\n (9) Section 20(b) of the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1769b(b)) is amended by striking ``and \n reduced price''.\n (10) Section 21(a)(1)(B) of the Richard B. Russell National \n School Lunch Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended--\n (A) in the matter preceding clause (i), by striking \n ``or reduced price''; and\n (B) in clause (iii), by striking ``and reduced \n price''.\n (c) Transition Rules.--The Secretary of Agriculture shall carry out \nthe amendments made by paragraphs (2) and (8) of subsection (b) in \naccordance with transition rules established by the Secretary.\n\nSEC. 3. FREE BREAKFAST ELIGIBILITY.\n\n (a) In General.--Section 4 of the Child Nutrition Act of 1966 (42 \nU.S.C. 1733) is amended--\n (1) in subsection (b)--\n (A) in paragraph (1)--\n (i) in subparagraph (A)(i)(II)--\n (I) by striking ``, for reduced \n price breakfasts,''; and\n (II) by striking ``or reduced \n price'';\n (ii) in subparagraph (B)--\n (I) in the third sentence, by \n striking ``or reduced price''; and\n (II) by striking the second \n sentence;\n (iii) by striking subparagraph (C);\n (iv) by redesignating subparagraphs (D) and \n (E) as subparagraphs (C) and (D), respectively; \n and\n (v) in subparagraph (D) (as so \n redesignated)--\n (I) in the subparagraph heading, by \n striking ``and reduced price'' and \n inserting ``meals'';\n (II) by striking ``and reduced \n price policy'' each place it appears \n and inserting ``meals policy''; and\n (III) by striking ``and reduced \n price meals'' and inserting ``meals''; \n and\n (B) in paragraph (2)--\n (i) in subparagraph (A), by striking ``or \n reduced price''; and\n (ii) by striking subparagraph (C); and\n (2) in subsections (d)(1)(A) and (e)(1)(A), by striking \n ``or at a reduced price'' each place it appears.\n (b) Conforming Amendments.--\n (1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. \n 1776) is amended--\n (A) in subsection (e)(2)(B)(ii), by striking ``or \n reduced price''; and\n (B) in subsection (i), by striking ``and reduced \n price'' each place it appears in paragraphs (2)(B)(iii) \n and (3)(B)(i).\n (2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of \n 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking ``and \n reduced price''.\n (3) Section 20(b) of the Child Nutrition Act of 1966 (42 \n U.S.C. 1789(b)) is amended by striking ``and reduced-price''.","summary":"Expand School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185 of the federal poverty guidelines.","title":"To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals.","text_len":15821,"sum_len":297} {"bill_id":"106_hr825","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Macau Policy Act of \n1999''.\n\nSEC. 2. FINDINGS AND DECLARATIONS.\n\n The Congress makes the following findings and declarations:\n (1) The Congress recognizes that under the April 13, 1987, \n Joint Declaration of the Government of the People's Republic of \n China and the Government of the Republic of Portugal on the \n Question of Macau--\n (A) the People's Republic of China and the Republic \n of Portugal have agreed that the People's Republic of \n China will resume the exercise of sovereignty over \n Macau on December 20, 1999, and until that time, \n Portugal will be responsible for the administration of \n Macau;\n (B) the Macau Special Administrative Region of the \n People's Republic of China, beginning on December 20, \n 1999, will continue to enjoy a high degree of autonomy \n on all matters other than defense and foreign affairs;\n (C) there is provision for implementation of a \n ``one country, two systems'' policy, under which Macau \n will retain its current lifestyle and legal, social, \n and economic systems until at least the year 2049;\n (D) the legislature of the Macau Special \n Administrative Region has been constituted by \n elections; and\n (E) provision is made for the continuation in force \n of agreements implemented as of December 20, 1999, and \n for the ability of the Macau Special Administrative \n Region to conclude new agreements.\n (2) The Congress declares its wish to see full \n implementation of the provisions of the Joint Declaration.\n (3) The Congress supports the policies and decisions \n reflected in the Joint Declaration.\n (4) It is the sense of the Congress that--\n (A) Macau's continued economic prosperity furthers \n United States interests in the People's Republic of \n China and Asia;\n (B) support for democratization is a fundamental \n principle of United States foreign policy, and as such, \n that principle naturally applies to United States \n policy toward Macau, now and after December 19, 1999; \n and\n (C)(i) the human rights of the people of Macau are \n of great importance to the United States and are \n directly relevant to United States interests in Macau;\n (ii) a fully successful transition in the exercise \n of sovereignty over Macau must safeguard human rights \n in and of themselves; and\n (iii) human rights also serve as a basis for \n Macau's continued economic prosperity.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``Macau'' means, prior to December 20, 1999, \n the Portuguese Dependent Territory of Macau, and on and after \n December 20, 1999, the Macau Special Administrative Region of \n the People's Republic of China;\n (2) the term ``Joint Declaration'' means the Joint \n Declaration of the Government of the People's Republic of China \n and the Government of the Republic of Portugal on the Question \n of Macau, of April 13, 1987; and\n (3) the term ``laws of the United States'' means provisions \n of law enacted by the Congress.\n\n TITLE I--POLICY\n\nSEC. 101. SENSE OF CONGRESS.\n\n It is the sense of the Congress that--\n (1) the United States should play an active role before, \n on, and after December 20, 1999, in maintaining Macau's \n confidence and prosperity, Macau's unique cultural heritage, \n and the mutually beneficial ties between the people of the \n United States and the people of Macau; and\n (2) through its policies, the United States should \n contribute to Macau's ability to maintain a high degree of \n autonomy in matters other than defense and foreign affairs as \n promised by the People's Republic of China and the Republic of \n Portugal in the Joint Declaration, particularly with respect to \n such matters as trade, commerce, law enforcement, finance, \n monetary policy, aviation, shipping, communications, tourism, \n cultural affairs, sports, and participation in international \n organizations, consistent with the national security and other \n interests of the United States.\n\n TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW\n\nSEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.\n\n (a) In General.--Notwithstanding any change in the exercise of \nsovereignty over Macau, and subject to subsections (b) and (c), the \nlaws of the United States shall continue to apply with respect to \nMacau, on and after December 20, 1999, in the same manner as the laws \nof the United States were applied with respect to Macau before such \ndate unless otherwise expressly provided by law or by Executive order \nunder section 202.\n (b) International Agreements.--For all purposes, including actions \nin any court of the United States, the Congress approves of the \ncontinuation in force on and after December 20, 1999, of all treaties \nand other international agreements, including multilateral conventions, \nentered into before such date between the United States and Macau, or \nentered into force before such date between the United States and the \nRepublic of Portugal and applied to Macau, unless or until terminated \nin accordance with law. If, in carrying out this title, the President \ndetermines that Macau is not legally competent to carry out its \nobligations under any such treaty or other international agreement, or \nthat the continuation of Macau's obligations or rights under any such \ntreaty or other international agreement is not appropriate under the \ncircumstances, the President shall promptly notify the Committee on \nInternational Relations of the House of Representatives and the \nCommittee on Foreign Relations of the Senate concerning such \ndetermination, and shall take appropriate action to modify or terminate \nsuch treaty or other international agreement.\n (c) Export Controls.--Notwithstanding subsection (a) or any other \nprovision of law, the President shall establish with respect to Macau, \nwithin 90 days after the date of the enactment of this Act, such export \ncontrol policies and regulations as he determines to be advisable in \nthe national security interests of the United States.\n\nSEC. 202. PRESIDENTIAL ORDER.\n\n (a) Presidential Determination.--On or after December 20, 1999, \nwhenever the President determines that Macau is not sufficiently \nautonomous to justify treatment under a particular law of the United \nStates, or any provision thereof, different from that accorded the \nPeople's Republic of China, the President may issue an Executive order \nsuspending the application of section 201(a) to such law or provision \nof law. The President shall promptly notify the Committee on \nInternational Relations of the House of Representatives and the \nCommittee on Foreign Relations of the Senate concerning any such \ndetermination.\n (b) Factor for Consideration.--In making a determination under \nsubsection (a) with respect to the application of a law of the United \nStates, or any provision thereof, to Macau, the President should \nconsider the terms, obligations, and expectations expressed in the \nJoint Declaration with respect to Macau.\n (c) Publication in Federal Register.--Any Executive order issued \nunder subsection (a) shall be published in the Federal Register and \nshall specify the law or provision of law affected by the order.\n (d) Termination of Suspension.--An Executive order issued under \nsubsection (a) may be terminated by the President with respect to a \nparticular law or provision of law whenever the President determines \nthat Macau has regained sufficient autonomy to justify treatment under \nthe law or provision of law in question. Notice of any such termination \nshall be published in the Federal Register.\n\nSEC. 203. RULES AND REGULATIONS.\n\n The President is authorized to prescribe such rules and regulations \nas the President considers appropriate to carry out this Act.\n\nSEC. 204. CONSULTATION WITH CONGRESS.\n\n In carrying out this title, the President shall consult \nappropriately with the Congress.\n\n TITLE III--REPORTING PROVISIONS\n\nSEC. 301. REPORTING REQUIREMENT.\n\n Not later than 90 days after the date of the enactment of this Act, \nand not later than March 31 of each of the years 2000, 2001, and 2002, \nthe Secretary of State shall transmit to the Committee on International \nRelations of the House of Representatives and the Committee on Foreign \nRelations of the Senate a report on conditions in Macau of interest to \nthe United States. This report shall cover (in the case of the initial \nreport) the period since the date of the enactment of this Act or (in \nthe case of subsequent reports) the period since the most recent report \npursuant to this section, and shall describe--\n (1) significant developments in United States relations \n with Macau;\n (2) significant developments related to the change in the \n exercise of sovereignty over Macau affecting United States \n interests in Macau or United States relations with Macau and \n the People's Republic of China;\n (3) steps taken by the United States to implement section \n 201(c) (relating to export controls with respect to Macau), \n including any significant problems or other developments \n arising with respect to the application of United States export \n controls to Macau;\n (4) the laws of the United States with respect to which the \n application of section 201(a) (relating to the application of \n United States laws to Macau) has been suspended pursuant to \n section 202(a) or with respect to which such a suspension has \n been terminated pursuant to section 202(d), and the reasons for \n the suspension or termination, as the case may be;\n (5) the treaties and other international agreements with \n respect to which the President has made a determination \n described in the last sentence of section 201(b) (relating to \n the application of treaties and other international agreements \n to Macau), the reasons for each such determination, and the \n steps taken as a result of such determination;\n (6) the development of democratic institutions in Macau;\n (7) compliance by the Government of the People's Republic \n of China and the Government of the Republic of Portugal with \n their obligations under the Joint Declaration; and\n (8) the nature and extent of Macau's participation in \n multilateral forums.\n\nSEC. 302. SEPARATE PART OF COUNTRY REPORTS.\n\n Whenever a report is transmitted to the Congress on a country-by-\ncountry basis, there shall be included in such report, where \napplicable, a separate subreport on Macau under the heading of the \nstate that exercises sovereignty over Macau.","summary":"Title II: The Status of Macau in United States Law - Declares that US laws shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular US law different from that accorded China, to issue an Executive order suspending the application of US law. Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in US relations with Macau (including the change in the exercise of sovereignty over it affecting US interests there or the US relations with Macau and China. (2) any significant problems or other developments arising with respect to the application of US export controls to Macau. (3) the suspension with respect to the application of US laws to Macau. (4) the application of treaties and other international agreements to Macau, (5) the development of democratic institutions in Macau. And (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.","title":"United States-Macau Policy Act of 1999","text_len":11622,"sum_len":1459} {"bill_id":"114_s2631","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lead-Safe Housing for Kids Act of \n2016''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act--\n (1) the term ``Department'' means the Department of Housing \n and Urban Development;\n (2) the term ``housing receiving Federal assistance''--\n (A) means housing that--\n (i) except as provided in subparagraph (B), \n is covered by an application for mortgage \n insurance from the Department;\n (ii) receives housing assistance payments \n under a program administered by the Department; \n or\n (iii) otherwise receives more than $5,000 \n in project-based assistance under a Federal \n housing program administered by a Federal \n agency other than the Department; and\n (B) does not include--\n (i) single-family housing covered by an \n application for mortgage insurance from the \n Federal Housing Administration; or\n (ii) multi-family housing that--\n (I) is covered by an application \n for mortgage insurance from the Federal \n Housing Administration; and\n (II) does not receive any other \n Federal housing assistance;\n (3) the term ``public housing agency'' means an agency \n described in section 3(b)(6) of the United States Housing Act \n of 1937 (42 U.S.C. 1437a(b)(6)); and\n (4) the term ``Secretary'' means the Secretary of Housing \n and Urban Development.\n\nSEC. 3. UPDATES TO LEAD-CONTAMINATED DUST AND LEAD-CONTAMINATED SOIL \n STANDARDS.\n\n (a) EPA Regulations.--Not later than 120 days after the date of \nenactment of this Act, the Administrator of the Environmental \nProtection Agency, in consultation with the Director of the Centers for \nDisease Control and Prevention, shall promulgate regulations to update \nthe standards for lead-contaminated dust and lead-contaminated soil \nunder part 745 of title 40, Code of Federal Regulations, in accordance \nwith health-based standards.\n (b) HUD Regulations.--The Secretary shall promptly promulgate \nregulations to update the standards for lead-contaminated dust and \nlead-contaminated soil under part 35 of title 24, Code of Federal \nRegulations, in accordance with the regulations promulgated by the \nAdministrator of the Environmental Protection Agency under subsection \n(a).\n\nSEC. 4. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT \n OF 1992.\n\n (a) In General.--Section 1004 of the Residential Lead-Based Paint \nHazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended--\n (1) by redesignating paragraphs (6) through (27) as \n paragraphs (7) through (28), respectively;\n (2) by inserting after paragraph (5) the following:\n ``(6) Elevated blood lead level.--The term `elevated blood \n lead level' means the lower of--\n ``(A) 5 mg\/dL (micrograms of lead per deciliter); \n or\n ``(B) the most recent definition for elevated blood \n lead level or reference range level in children ages 1 \n through 5 years set by the Centers for Disease Control \n and Prevention.''; and\n (3) in paragraph (28), as so redesignated, by striking ``or \n any 0-bedroom dwelling''.\n (b) Relation to Other Authorities.--Nothing in this Act or the \namendments made by this Act shall be construed to affect the authority \nof the Environmental Protection Agency under section 403 of the Toxic \nSubstances Control Act (15 U.S.C. 2683).\n (c) Regulations.--Not later than 120 days after the date of \nenactment of this Act, the Secretary shall amend the regulations of the \nDepartment to comply with the amendments made by subsection (a).\n\nSEC. 5. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT.\n\n Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 \nU.S.C. 4822(a)) is amended by adding at the end the following:\n ``(5) Additional procedures for families with children \n under the age of 6.--\n ``(A) Risk assessment.--\n ``(i) Definition.--In this section, the \n term `covered housing'--\n ``(I) means housing receiving \n Federal assistance described in \n paragraph (1) that was constructed \n prior to 1978; and\n ``(II) does not include--\n ``(aa) single-family \n housing covered by an \n application for mortgage \n insurance from the Federal \n Housing Administration; or\n ``(bb) multi-family housing \n that--\n\n ``(AA) is covered \n by an application for \n mortgage insurance from \n the Federal Housing \n Administration; and\n\n ``(BB) does not \n receive any other \n Federal housing \n assistance.\n\n ``(ii) Regulations.--Not later than 120 \n days after the date of enactment of the Lead-\n Safe Housing for Kids Act of 2016, the \n Secretary shall promulgate regulations that--\n ``(I) require an initial risk \n assessment for all covered housing in \n which a family with a child of less \n than 6 years of age will reside or be \n expected to reside for lead-based paint \n hazards prior to occupancy by the \n family; and\n ``(II) provide that a visual \n assessment is not sufficient for \n purposes of complying with subclause \n (I).\n ``(iii) Exception.--The regulations \n promulgated under clause (ii) shall provide an \n exception to the requirement under subclause \n (I) of such clause for covered housing--\n ``(I) from which all lead-based \n paint has been identified and removed \n and clearance has been achieved in \n accordance with section 402 or 404 of \n the Toxic Substances Control Act (15 \n U.S.C. 2682 and 2684), as applicable; \n or\n ``(II) in accordance with any other \n standard or exception the Secretary \n deems appropriate.\n ``(B) Relocation.--Not later than 120 days after \n the date of enactment of the Lead-Safe Housing for Kids \n Act of 2016, the Secretary shall promulgate regulations \n to provide that a family with a child of less than 6 \n years of age that occupies a dwelling unit in covered \n housing may relocate on an emergency basis, and without \n placement on any waitlist, penalty, or lapse in \n assistance, to another unit of covered housing that has \n no lead-based paint hazards if--\n ``(i) lead-based paint hazards were \n identified in the dwelling unit; or\n ``(ii)(I) lead-based hazards were \n identified in the dwelling unit; and\n ``(II) the blood lead level for the child \n is an elevated blood lead level, as defined in \n section 1004(6) of the Residential Lead-Based \n Paint Hazard Reduction Act of 1992 (42 U.S.C. \n 4851b(6)).''.\n\nSEC. 6. GAO REPORTS ON LEAD HAZARDS IN FEDERALLY ASSISTED HOUSING.\n\n (a) Initial Report.--Not later than 90 days after the date of \nenactment of this Act, the Comptroller General of the United States \nshall submit to Congress an initial report on lead hazards in housing \nreceiving Federal assistance, which shall analyze the implications of--\n (1) changing Department regulations to align with the \n Centers for Disease Control and Prevention guidance; and\n (2) requiring a risk assessment (beyond a visual \n assessment) for initial and periodic inspections for lead-based \n paint hazards for all housing receiving Federal assistance, and \n the impact it would have on landlord participation and the \n stock of affordable housing.\n (b) Subsequent Report.--Not later than 180 days after the date of \nenactment of this Act, the Comptroller General of the United States \nshall submit to Congress a report on lead hazards in housing receiving \nFederal assistance, which shall--\n (1) analyze whether existing Federal programs and Federal \n funding for lead hazard control activities in housing receiving \n Federal assistance meet the current and evolving needs, and if \n not, the merits of identifying and providing dedicated funds \n within new or existing Federal programs to conduct lead hazard \n control activities;\n (2) evaluate the financial and social cost of lead-based \n paint hazard prevention and lead hazard control activities, and \n provide recommendations on how to improve coordination and \n leveraging of public and private funds, including private \n investments and tax incentives, to reduce the cost associated \n with the identification and remediation of lead hazards and \n expedite home remediation;\n (3) identify existing partnerships with public housing \n agencies and public health agencies in addressing lead-based \n paint hazards, what gaps exist in compliance and enforcement, \n and whether the partnerships can be replicated and enhanced \n with dedicated funding and better data collection and \n dissemination among stakeholders; and\n (4) examine the appropriateness and efficacy of existing \n Department protocols on reducing or abating lead-based paint \n hazards and whether they are aligned with specific \n environmental health scenarios to ensure the best and \n appropriate health outcomes and reduce further exposure.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out this Act and \nthe amendments made by this Act such sums as may be necessary for each \nof fiscal years 2017 through 2021.","summary":"Lead-Safe Housing for Kids Act of 2016 This bill directs the Environmental Protection Agency and the Department of Housing and Urban Development (HUD) to promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil, in accordance with health-based standards. The Residential Lead-Based Paint Hazard Reduction Act of 1992 is amended to define elevated blood lead level as the lower of: 5 mgdL , or the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 set by the Centers for Disease Control and Prevention. The bill also removes 0-bedroom housing from the definition of target housing. The Lead-Based Paint Poisoning Prevention Act is amended to direct HUD to promulgate regulations that: require an initial lead-based paint hazard risk assessment before a family with a child under age six occupies certain housing, unless lead-based paint has already been removed. And state that a visual assessment is not sufficient for these purposes. These regulations shall apply to housing receiving federal assistance that was constructed before 1978, but exclude: single-family housing covered by an application for mortgage insurance from the Federal Housing Administration, or multi-family housing covered by such an application but does not receive any other federal housing assistance. HUD regulations shall also require emergency relocation of such families, without placement on a waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards. The Government Accountability Office shall report to Congress on lead hazards in federally assisted housing.","title":"Lead-Safe Housing for Kids Act of 2016","text_len":11977,"sum_len":1700} {"bill_id":"114_s2581","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biased IRS Audit Systems Prevention \nAct''.\n\nSEC. 2. ENSURING AUDIT TRANSPARENCY AND FAIRNESS.\n\n (a) Audit Transparency.--\n (1) In general.--The Secretary shall--\n (A) not later than the time a taxpayer is notified \n a tax return has been selected for an audit by the \n Internal Revenue Service, provide to the taxpayer \n sufficient information regarding the reason the tax \n return was selected for an audit, and\n (B) preserve, in accordance with paragraph (3), and \n make available for review by an applicable oversight \n entity, any information or criteria used by the \n Internal Revenue Service in selecting a tax return for \n auditing.\n (2) Information required to be disclosed to the taxpayer.--\n For purposes of paragraph (1)(A):\n (A) Returns selected based on computer modeling.--\n In the case of any tax return selected for auditing \n based in whole or in part upon computer modeling, the \n information disclosed to the taxpayer shall include a \n description of any data used in such modeling which \n was--\n (i) provided by the taxpayer, including \n whether such information was filed \n electronically by the taxpayer or transcribed \n from a return which was printed and filed on \n paper, and\n (ii) provided from information obtained by \n the Internal Revenue Service from sources other \n than the taxpayer.\n (B) Returns selected other than by computer \n modeling.--In the case of any tax return selected for \n auditing based in whole or in part upon a method other \n than computer modeling, the information disclosed to \n the taxpayer shall include the method employed and any \n data sources used by the examiner, including the \n methodology employed by the examiner for determining \n the validity of such sources.\n (C) No requirement to disclose identity of another \n taxpayer.--The Secretary is not required to disclose \n the return information (as defined in section 6103(b) \n of the Internal Revenue Code of 1986) of any person \n other than the taxpayer whose return has been selected \n for audit.\n (3) Methodology for preserving information for oversight.--\n For purposes of paragraph (1)(B)--\n (A) In general.--The Secretary shall document and \n record how many returns are selected for auditing based \n on--\n (i) randomized selection,\n (ii) scoring under the Discriminant Index \n Function System,\n (iii) a determination by an Internal \n Revenue Service examiner,\n (iv) any methodology not described in \n clauses (i) through (iii), and\n (v) any combination of methodologies \n described in clauses (i) through (iv).\n (B) Internally obtained information.--In the case \n of any tax return which is selected for audit in whole \n or in part based on information obtained by the \n Internal Revenue Service from sources other than the \n taxpayer, the Secretary shall document and record the \n source of such information.\n (4) Definitions.--For purposes of this subsection:\n (A) Applicable entity.--The term ``applicable \n oversight entity'' means any entity with responsibility \n for oversight of the activities of the Internal Revenue \n Service, including Congress, the Treasury Inspector \n General for Tax Administration, the Comptroller \n General, the National Taxpayer Advocate, and the \n Internal Revenue Service Oversight Board (as described \n in section 7802 of the Internal Revenue Code of 1986).\n (B) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or such Secretary's delegate.\n (5) Effective date.--This subsection shall apply to tax \n returns selected for audit after the date of the enactment of \n this Act.\n (b) Termination of Research Audits.--\n (1) In general.--The Internal Revenue Service may not \n conduct any audit, investigation, or examination of a taxpayer \n that is primarily for the purpose of research.\n (2) Transfer of resources to prevent tax identity theft.--\n (A) In general.--To the maximum extent possible, \n the Commissioner of Internal Revenue shall repurpose \n resources for the National Research Program to \n combating tax refund fraud and identity theft.\n (B) Report.--Not later than 6 months after the date \n of the enactment of this Act, the Commissioner of \n Internal Revenue shall submit to Congress a report on \n the resources that have been repurposed pursuant to \n subparagraph (A).","summary":"Biased IRS Audit Systems Prevention Act This bill directs the Internal Revenue Service (IRS) to: (1)nbsp, provide anbsp, taxpayer whonbsp. Is selected for an audit sufficient information regarding the reason the taxpayer's return was selected for an audit and to preserve such information for review. (2) document and record how many returns are selected for audit based on randomized selection, scoring under the Discriminant Index Function System, a determination by an IRS examiner, and other methodologies, and (3) repurpose resources for the National Research Program nbsp. To combat tax refund fraud and identity theft. The bill prohibits the IRS from conductingnbsp. Any audit, investigation, or examination of a taxpayer that is primarily for research purposes.","title":"Biased IRS Audit Systems Prevention Act","text_len":5778,"sum_len":769} {"bill_id":"110_hr6939","text":"SECTION 1. FINDINGS.\n\n Congress makes the following findings:\n (1) Title 38, United States Code, authorizes the Secretary \n of Veterans Affairs to furnish hospital and domiciliary care, \n medical services, nursing home care, and related services to \n eligible and enrolled veterans, but such services can only be \n provided to the extent that appropriated resources and \n facilities are available for such purposes.\n (2) For 19 out of the past 21 fiscal years, Congress has \n not appropriated funds for medical care provided by the \n Department of Veterans Affairs before the commencement of the \n new fiscal year, causing the Department great challenges in \n planning and managing health care for enrolled veterans, to the \n detriment of those veterans.\n (3) The cumulative effects of insufficient, late and \n unpredictable health care funding endanger the viability of the \n system and the specialized health care resources the Department \n has developed to maintain and improve the health of the \n Nation's sick and disabled veterans.\n (4) Approved appropriation levels for the health care \n programs of the Department have too often proven insufficient \n over the past decade, requiring the Secretary of Veterans \n Affairs to ration health care services and Congress to approve \n supplemental appropriations.\n (5) Providing sufficient, timely, and predictable funding \n would ensure the government meets its obligation to provide \n health care to sick and disabled veterans and ensure that all \n veterans enrolled for care in the Department of Veterans \n Affairs health care system have ready access to timely, quality \n services.\n (6) Providing sufficient, timely, and predictable funding \n to the veterans health care system would eliminate year-to-year \n uncertainty on funding levels that has prevented the Department \n of Veterans Affairs from being able to adequately plan for and \n meet the needs of veterans who are enrolled in the Department \n health care system.\n\nSEC. 2. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE \n ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS.\n\n (a) Two-Fiscal Year Budget Authority.--\n (1) In general.--Chapter 1 of title 38, United States Code, \n is amended by inserting after section 113 the following new \n section:\n``Sec. 113A. Two-fiscal year budget authority for certain medical care \n accounts\n ``(a) In General.--Beginning with fiscal year 2010, new \ndiscretionary budget authority provided in an appropriations Act for \nthe appropriations accounts of the Department specified in subsection \n(b) shall be made available for the fiscal year involved and shall \ninclude new discretionary budget authority first available after the \nend of such fiscal year for the subsequent fiscal year.\n ``(b) Medical Care Accounts.--The medical care accounts of the \nDepartment specified in this subsection are the medical care accounts \nof the Veterans Health Administration as follows:\n ``(1) Medical Services.\n ``(2) Medical Administration.\n ``(3) Medical Facilities.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 1 of such title is amended by inserting \n after the item relating to section 113 the following new item:\n\n``113A. Two-fiscal year budget authority for certain medical care \n accounts.''.\n\nSEC. 3. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND \n ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT \n OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES.\n\n (a) Study of Adequacy and Accuracy of Baseline Model Projections.--\nThe Comptroller General of the United States shall conduct a study of \nthe adequacy and accuracy of the budget projections made by the \nEnrollee Health Care Projection Model, or its equivalent, as utilized \nfor the purpose of estimating and projecting health care expenditures \nof the Department of Veterans Affairs (in this section referred to as \nthe ``Model'') with respect to the fiscal year involved and the \nsubsequent four fiscal years.\n (b) Reports.--\n (1) In general.--Not later than the date of each year in \n 2010, 2011, and 2012, on which the President submits the budget \n request for the next fiscal year under section 1105 of title \n 31, United States Code, the Comptroller General shall submit to \n the appropriate committees of Congress and to the Secretary a \n report.\n (2) Elements.--Each report under this paragraph shall \n include, for the fiscal year beginning in the year in which \n such report is submitted, the following:\n (A) A statement whether the amount requested in the \n budget of President for expenditures of the Department \n for health care in such fiscal year is consistent with \n anticipated expenditures of the Department for health \n care in such fiscal year as determined utilizing the \n Model.\n (B) The basis for such statement.\n (C) Such additional information as the Comptroller \n General determines appropriate.\n (3) Availability to the public.--Each report submitted \n under this subsection shall also be made available to the \n public.\n (4) Appropriate committees of congress defined.--In this \n subsection, the term ``appropriate committees of Congress'' \n means--\n (A) the Committees on Veterans' Affairs, \n Appropriations, and the Budget of the Senate; and\n (B) the Committees on Veterans' Affairs, \n Appropriations, and the Budget of the House of \n Representatives.","summary":"Requires, beginning with FY2010, a two-fiscal-year budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services, (2) Medical Administration. And (3) Medical Facilities. Requires the Comptroller General to conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures.","title":"To amend title 38, United States Code, to provide two-fiscal year budget authority for certain medical care accounts of the Department of Veterans Affairs, and for other purposes.","text_len":6142,"sum_len":360} {"bill_id":"103_hr4553","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fusion Energy Research Authorization \nAct of 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) by the year 2050, the world will need to supply between \n 2 and 3 times as much energy as is presently produced to meet \n minimum requirements for food, shelter, transportation, and \n economic security;\n (2) meeting the increased energy demands of the year 2050 \n cannot be achieved without substantial environmental \n degradation unless there is a massive shift from dependence on \n the fossil fuels which today provide more than three-quarters \n of all energy supply;\n (3) a wide variety of nonfossil fuel energy technologies \n must be developed to meet the expected demand of the year 2050;\n (4) the Federal Government has a responsibility to fund \n research in energy technologies to help meet future expected \n energy demand where the technical or economic risks of \n developing such technologies are too high to be borne solely by \n the private sector;\n (5) despite the urgent need to develop a wide variety of \n nonfossil fuel energy technologies, the Federal Government's \n investment in all energy supply research and development \n (including fossil fuels) has declined in real terms by more \n than two-thirds in the last 14 years;\n (6) fusion energy is one of the nonfossil fuel technologies \n which could potentially provide safe, abundant, environmentally \n sound, secure, and affordable energy supplies in the future;\n (7) in the last 16 years, fusion energy researchers have \n made significant progress toward realizing magnetic fusion as a \n viable source of energy, increasing power production from test \n reactors more than a million-fold over that time period;\n (8) while significant engineering, technical, and \n scientific challenges remain to make fusion energy commercially \n viable, limited funding remains the primary constraint to more \n rapid progress;\n (9) the technical risks and the long time scale needed to \n demonstrate the commercial viability of fusion energy will \n likely require a stable, predictable, and sustained investment \n of government funding for decades to come;\n (10) while magnetic fusion is the leading fusion \n technology, research on alternative fusion concepts should \n continue to be supported;\n (11) opportunities to participate in international fusion \n experiments can dramatically lower the cost to the Federal \n Government of fusion energy research;\n (12) the United States must demonstrate that it is a \n credible partner in international scientific programs by being \n able to make and keep long-term commitments to funding and \n participation; and\n (13) the United States should commit to participating in \n the siting, construction, and operation of ITER as soon as \n practicable.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are to--\n (1) provide direction and authorize appropriations for a \n broadly based fusion energy research program at the Department \n of Energy which includes development of the magnetic fusion \n program and research on alternative fusion concepts;\n (2) provide an accelerated commitment to United States \n participation in ITER and provide authorization of \n appropriations for such activity contingent on meeting program \n milestones;\n (3) provide for the selection of a host country and \n establish a site selection process for ITER; and\n (4) provide a stable basis of funding for multi-year fusion \n energy research facility construction commitments through the \n establishment of a trust fund.\n\nSEC. 4. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``alternative fusion concepts'' means any \n concepts for the production of energy based on the fusing of \n atomic nuclei other than toroidal magnetic fusion concepts, \n including heavy ion inertial fusion, aneutronic fusion, and \n electrostatic fusion;\n (2) the term ``Department'' means the Department of Energy;\n (3) the term ``Fusion Energy Research Program'' means the \n program described in section 5;\n (4) the term ``international partners'' means the United \n States, the European Atomic Energy Community, Japan, and the \n Russian Federation;\n (5) the term ``ITER'' means the International Thermonuclear \n Experimental Reactor;\n (6) the term ``magnetic fusion'' means fusion based on \n toroidal confinement concepts;\n (7) the term ``Secretary'' means the Secretary of Energy; \n and\n (8) the term ``Tokamak Physics Experiment'' means a \n facility to replace the Tokamak Fusion Test Reactor which is \n designed to be capable of conducting experiments on reactions \n with a pulse length of at least 15 minutes and demonstrating a \n more compact and efficient magnetic fusion reactor design.\n\nSEC. 5. FUSION ENERGY RESEARCH PROGRAM.\n\n (a) Fusion Program.--The Secretary shall carry out in accordance \nwith the provisions of this Act a Fusion Energy Research Program, \nincluding research, development, and demonstration to demonstrate the \ntechnical and economic feasibility of producing safe, environmentally \nsound, and affordable energy from fusion.\n (b) Program Goals.--The goal of the Fusion Energy Research Program \nis to demonstrate by the year 2010 the practicability of commercial \nelectric power production and to lead to commercial production of \nfusion energy by the year 2040.\n (c) Program Elements.--The Fusion Energy Research Program shall \nconsist of the following elements:\n (1) Research, development, and demonstration on magnetic \n fusion energy technology, including--\n (A) research on plasma physics and control, \n confinement, ignition, and burning;\n (B) the design, construction, and operation of \n experimental fusion reactors, including the Tokamak \n Physics Experiment, and the development of special \n materials for such reactors, the facilities to develop \n such materials, and the development of components which \n support the operation of such reactors, such as \n diagnostic and remote maintenance equipment; and\n (C) participation by the United States industrial \n sector in the design and construction of fusion \n reactors, and cooperation with utilities.\n (2) Research, development, and demonstration of alternative \n fusion concepts, to be administered through an Assistant \n Director for Alternative Fusion Research, including research \n and development needed to build and test an Induction Linac \n Systems Experiment for the purpose of developing heavy ion \n inertial fusion energy.\n (3) Participation in the design, construction, and \n operation of ITER with the goal of ITER becoming operational by \n the year 2005.\n\nSEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.\n\n Within 6 months after the date of enactment of this Act, the \nSecretary shall contract with the National Academy of Sciences to \nconduct a study which examines the various magnetic fusion technologies \nand alternative fusion concepts to assess their current state of \ndevelopment, evaluates the potential of such technologies and concepts \nto become commercially viable sources of energy in the future, and \nidentifies the research and development goals and priorities, and the \nrange of probable costs and time scales, needed to achieve commercial \nviability.\n\nSEC. 7. ITER SITE SELECTION PROCESS.\n\n (a) ITER Study and Report.--Within 120 days after the date of \nenactment of this Act, the Secretary shall submit to Congress a study \nwhich compares the technical and scientific advantages and \ndisadvantages and the economic costs and benefits to the United States \nof siting ITER in the United States with siting ITER outside of the \nUnited States. Such study shall include the consideration of the impact \non employment of constructing ITER in the United States, the effect of \nmanufacturing major ITER subsystems (such as superconducting magnets) \nin the United States, and the effect of siting ITER in the United \nStates on United States funding requirements for participation in ITER.\n (b) Host-Country Selection.--The Secretary shall seek to reach an \nagreement with the international partners which provides for--\n (1) the selection of a host country in which to site ITER \n by October, 1995;\n (2) the equitable distribution of economic and \n technological benefits among the international partners, \n including the construction of ITER and related facilities and \n the manufacture of major ITER subsystems;\n (3) substantial United States industry and utility \n involvement in the design, construction, and operation of ITER \n to ensure United States industry and utility expertise in the \n technologies developed; and\n (4) a schedule to complete site-specific design activities \n by 1998.\n (c) United States Site Selection.--The Secretary shall--\n (1) immediately initiate a process for identifying \n candidate sites within the United States which meet the site \n requirements for the construction and operation of ITER; and\n (2) propose within 90 days after the date of enactment of \n this Act a process for selection of a site within the United \n States by June, 1996, if the United States is selected as the \n host country for ITER pursuant to the international agreement \n described in subsection (b).\n (d) Final Cost Estimate.--The Secretary shall provide to Congress \nwithin 90 days following the completion of site-specific design \nactivities a detailed estimate of the final projected total cost and \ncost to the United States of the construction and operation of ITER \nbased on final site-specific engineering and construction designs.\n\nSEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.\n\n (a) Contingency Plan.--Within 120 days after the date of enactment \nof this Act, the Secretary shall submit to Congress a report on the \nfeasibility of conducting a parallel design effort on the Tokamak \nPhysics Experiment to augment the capabilities of the Tokamak Physics \nExperiment in the event that an international agreement cannot be \nreached on the site selection or construction of ITER.\n (b) Program Report.--Within 180 days after the date of enactment of \nthis Act, and biennially thereafter, the Secretary shall prepare and \nsubmit to the Congress a report on the Fusion Energy Research Program \nand the progress it has made in meeting the goals and requirements of \nthis Act.\n (c) Coordination With Defense Fusion Research Programs.--(1) The \nSecretary shall, to the maximum extent practicable, coordinate the \nresearch and development activities of the civilian Inertial Fusion \nEnergy Program and the defense Inertial Confinement Fusion Program to \nmaximize the benefits to both programs.\n (2) Within 120 days after the enactment of this Act, the Secretary, \nin conjunction with the Secretary of Defense, shall submit a report to \nCongress with recommendations for sharing budget and other resources in \norder to enhance the civilian energy applications of the defense \nInertial Confinement Fusion Program.\n (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public \nLaw 102-486) is repealed.\n\nSEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.\n\n The Secretary shall combine the Nuclear Engineering Research and \nEducation Program, the University Research Reactor Program, and the \nUniversity Reactor Fuel Assistance Program to form a new University \nRadiation Science and Technology Program to be included as a separate \nand distinct part of the University and Science Education Program of \nthe Department.\n\nSEC. 10. FUSION ENERGY FACILITY FUND.\n\n (a) Establishment of Fees.--The Secretary shall establish a fee, \npayable by persons who sell electricity for ultimate consumption, at a \nrate of 0.1 mills per kilowatt hour.\n (b) Collection.--The Secretary shall establish procedures for the \ncollection of such fees. The Secretary may use the services of any \nFederal, State, or local agency or instrumentality to collect such \nfees, and may reimburse such agency or instrumentality a reasonable \namount for such services.\n (c) Use of Funds.--Funds received under this section shall be \ndeposited in a separate account in the Treasury, and shall be used, to \nthe extent provided in advance in appropriation Acts, only for the \ndesign, engineering, and construction of ITER, facilities related to \nITER (including a materials testing facility and a blanket testing \nfacility) and the Tokamak Physics Experiment.\n (d) Termination of Fees.--The authority to assess and collect fees \nunder this section shall expire at the earlier of--\n (1) the achievement of a balance in the account established \n under subsection (c) sufficient in the judgment of the \n Secretary to satisfy the obligations of the United States in \n the design, engineering, and construction described in \n subsection (c); or\n (2) the completion of ITER construction.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Fusion Energy Research Program.--There are authorized to be \nappropriated to the Secretary for carrying out the Fusion Energy \nResearch Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal \nyear 1996, $475,000,000 for fiscal year 1997, and such sums as may be \nnecessary thereafter.\n (b) Alternative Fusion Research.--From the sums authorized in \nsubsection (a), there are authorized to be appropriated to the \nSecretary for carrying out the Alternative Fusion Research Program \nunder section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 \nfor fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums \nas may be necessary thereafter.\n (c) Tokamak Physics Experiment.--The total amount to be \nappropriated for the complete design, development, and construction of \nthe Tokamak Physics Experiment shall not exceed $700,000,000.\n (d) University Radiation Science and Technology Program.--There are \nauthorized to be appropriated to the Secretary for carrying out the \nUniversity Radiation Science and Technology Program $25,000,000 for \nfiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for \nfiscal year 1997, and such sums as may be necessary thereafter.\n (e) Construction of ITER.--No funds are authorized for the \nconstruction of ITER until the Secretary certifies to the Congress that \nthere is an international agreement that meets the requirements of \nsection 7(b), and until the report required under section 7(d) is \nprovided to Congress.\n (f) Limitation on Magnetic Fusion Facilities.--No funds are \nauthorized for the design, engineering, or construction of any magnetic \nfusion facility other than ITER, facilities related to ITER (including \na materials testing facility and a blanket testing facility) and the \nTokamak Physics Experiment.","summary":"Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER). (2) seek to reach an agreement with international partners to select a host country for ITER. (3) initiate a process to identify candidate sites for ITER within the United States. And (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment, (2) the Fusion Energy Research Program. And (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program, (2) the University Research Reactor Program. And (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program, (2) the Tokamak Physics Experiment. And (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.","title":"Fusion Energy Research Authorization Act of 1994","text_len":15801,"sum_len":2001} {"bill_id":"113_hr3674","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Spectrum Incentive Act of \n2013''.\n\nSEC. 2. FEDERAL SPECTRUM INCENTIVES.\n\n (a) Notice to Commission.--\n (1) In general.--Section 113(g)(4) of the National \n Telecommunications and Information Administration Organization \n Act (47 U.S.C. 923(g)(4)) is amended--\n (A) by striking the heading and inserting ``Notice \n to commission.--'';\n (B) in the second sentence of subparagraph (A), by \n striking ``shall notify the Commission'' and all that \n follows and inserting the following: ``shall notify the \n Commission--\n ``(i) of estimated relocation or sharing \n costs and timelines for such relocation or \n sharing; or\n ``(ii) that, instead of relocation or \n sharing costs under this subsection and section \n 118, a Federal entity will receive payment \n under section 120 because such entity is--\n ``(I) discontinuing the operations \n that the Federal entity conducts on \n such eligible frequencies without \n relocating such operations to other \n frequencies; or\n ``(II) relocating such operations \n to frequencies assigned to another \n Federal entity in order for such \n entities to share such frequencies.''; \n and\n (C) by adding at the end the following:\n ``(D) This subsection and section 118 shall not \n apply with respect to the discontinuance of operations \n on eligible frequencies or the relocation of such \n operations by a Federal entity after the Commission \n receives notice under subparagraph (A)(ii) with respect \n to such discontinuance or relocation.''.\n (2) Conforming amendments.--Section 113(g) of the National \n Telecommunications and Information Administration Organization \n Act (47 U.S.C. 923(g)) is amended--\n (A) in paragraph (3)(A)(iii)(I), by striking \n ``paragraph (4)(A)'' and inserting ``paragraph \n (4)(A)(i)'';\n (B) in paragraph (4)--\n (i) in subparagraph (B), by striking \n ``subparagraph (A)'' and inserting \n ``subparagraph (A)(i)''; and\n (ii) in subparagraph (C), by striking \n ``subparagraphs (A) and (B)'' and inserting \n ``subparagraphs (A)(i) and (B)''; and\n (C) in paragraph (5), by striking ``paragraph \n (4)(A)'' and inserting ``paragraph (4)(A)(i)''.\n (b) Transition Plans.--Section 113(h) of the National \nTelecommunications and Information Administration Organization Act (47 \nU.S.C. 923(h)) is amended--\n (1) in the heading, by striking ``Relocation or Sharing'';\n (2) by amending paragraph (1) to read as follows:\n ``(1) Development of transition plan by federal entity.--\n ``(A) In general.--Not later than 240 days before \n the commencement of any auction of eligible frequencies \n described in subsection (g)(2), a Federal entity \n authorized to use any such frequency shall submit to \n the NTIA and to the Technical Panel established by \n paragraph (3) a transition plan in which the Federal \n entity--\n ``(i) declares the intention of such \n entity--\n ``(I) to share such eligible \n frequencies with a non-Federal user or \n to relocate to other frequencies, and \n to receive relocation or sharing costs \n from the Spectrum Relocation Fund \n established by section 118; or\n ``(II) to discontinue the \n operations that the Federal entity \n conducts on such eligible frequencies \n without relocating such operations to \n other frequencies or to relocate such \n operations to frequencies assigned to \n another Federal entity in order for \n such entities to share such \n frequencies, and to receive payment \n from the Federal Spectrum Incentive \n Fund established by section 120; and\n ``(ii) describes how the entity will \n implement the relocation, sharing, or \n discontinuance arrangement.\n ``(B) Common format.--The NTIA shall specify, after \n public input, a common format for all Federal entities \n to follow in preparing transition plans under this \n paragraph.'';\n (3) in paragraph (2)--\n (A) in subparagraph (D), by inserting ``, to \n discontinue such use,'' after ``from such \n frequencies'';\n (B) in subparagraph (F), by inserting ``, \n discontinuance,'' after ``relocation''; and\n (C) in subparagraph (G), by striking ``The plans'' \n and inserting ``To the extent applicable given the \n intention declared by the entity under paragraph \n (1)(A)(i), the plans'';\n (4) in paragraph (4)(A), by inserting ``(if applicable)'' \n after ``timelines and'';\n (5) in paragraph (6)--\n (A) by inserting ``(if applicable)'' after \n ``costs''; and\n (B) by inserting ``, discontinuance,'' after \n ``relocation'' the second place it appears; and\n (6) in paragraph (7)(A)(ii), by inserting ``, \n discontinuance,'' after ``relocation''.\n (c) Relocation or Discontinuance Prioritized Over Sharing.--Section \n113(j) of the National Telecommunications and Information \nAdministration Organization Act (47 U.S.C. 923(j)) is amended--\n (1) in the heading, by inserting ``or Discontinuance'' \n after ``Relocation''; and\n (2) by inserting ``or discontinuance of the operations that \n the Federal entity conducts on the band'' after ``from the \n band'' each place it appears.\n (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the \nCommunications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--\n (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and \n inserting ``(D)(ii), (D)(iii)''; and\n (2) in subparagraph (D)--\n (A) in clause (i), by striking ``clause (ii)'' and \n inserting ``clauses (ii) and (iii)''; and\n (B) by adding at the end the following:\n ``(iii) Federal spectrum incentives.--\n Notwithstanding subparagraph (A) and except as \n provided in subparagraph (B) and clause (ii) of \n this subparagraph, in the case of proceeds \n (including deposits and upfront payments from \n successful bidders) attributable to the auction \n of eligible frequencies described in section \n 113(g)(2) of the National Telecommunications \n and Information Administration Organization Act \n with respect to which the Commission has \n received notice under section 113(g)(4)(A)(ii) \n of such Act, 1 percent of such proceeds shall \n be deposited in the Federal Spectrum Incentive \n Fund established by section 120 of such Act and \n shall be available in accordance with such \n section. The remainder of such proceeds shall \n be deposited in the general fund of the \n Treasury, where such proceeds shall be \n dedicated for the sole purpose of deficit \n reduction.''.\n (e) Federal Spectrum Incentive Fund.--Part B of the National \nTelecommunications and Information Administration Organization Act (47 \nU.S.C. 921 et seq.) is amended by adding at the end the following:\n\n``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND.\n\n ``(a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the Federal Spectrum Incentive Fund \n(in this section referred to as the `Fund'), which shall be \nadministered by the Office of Management and Budget (in this section \nreferred to as `OMB'), in consultation with the NTIA.\n ``(b) Transfer of Funds.--The Director of OMB shall transfer from \nthe Fund to a Federal entity an amount equal to the amount deposited in \naccordance with section 309(j)(8)(D)(iii) of the Communications Act of \n1934 that is attributable to the auction of eligible frequencies \ndescribed in section 113(g)(2) of this Act being vacated by such \nentity. Such amount shall be available to the Federal entity in \naccordance with subsection (c) and shall remain available until \nexpended.\n ``(c) Use of Funds.--A Federal entity may use an amount transferred \nunder subsection (b) for the following purposes:\n ``(1) Offset of sequestration.--Any purposes permitted \n under the terms and conditions of an appropriations account of \n the Federal entity that was subject to sequestration for any \n fiscal year under the Balanced Budget and Emergency Deficit \n Control Act of 1985. The amount used for such purposes under \n this paragraph may not exceed the amount by which the amount \n available to such entity under such account was reduced by \n sequestration for such fiscal year.\n ``(2) Transfer to incumbent federal entity.--In the case of \n a Federal entity that is relocating operations to frequencies \n assigned to an incumbent Federal entity in order for such \n entities to share such frequencies, to transfer an amount to \n the incumbent Federal entity for any purposes permitted under \n this subsection (except this paragraph). The transferred amount \n shall remain available to the incumbent Federal entity until \n expended.\n ``(d) Prohibition on Duplicative Payments.--If the Commission \nreceives notice under section 113(g)(4)(A)(ii) of a discontinuance of \noperations on or relocation from eligible frequencies by a Federal \nentity that has received, from the Spectrum Relocation Fund in \naccordance with section 118(d)(3), relocation or sharing costs related \nto pre-auction estimates or research with respect to such frequencies, \nthe Director of OMB shall deduct from the amount to be transferred to \nsuch entity under subsection (b) an amount equal to such costs and \nshall transfer such amount to the Spectrum Relocation Fund.''.\n (f) Department of Defense Spectrum.--Section 1062(b) of the \nNational Defense Authorization Act for Fiscal Year 2000 (Public Law \n106-65) does not apply to frequencies with respect to which the \nCommission has received notice under section 113(g)(4)(A)(ii) of the \nNational Telecommunications and Information Administration Organization \nAct (47 U.S.C. 923(g)(4)(A)(ii)).\n\nSEC. 3. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM \n SHARING.\n\n (a) Description of Eligible Federal Entities.--Section 113(g)(1) of \nthe National Telecommunications and Information Administration \nOrganization Act (47 U.S.C. 923(g)(1)) is amended--\n (1) by striking ``authorized to use a band of eligible \n frequencies described in paragraph (2)'';\n (2) by striking ``spectrum frequencies'' the first place it \n appears and inserting ``eligible frequencies described in \n paragraph (2)''; and\n (3) by striking ``spectrum frequencies'' the second place \n it appears and inserting ``eligible frequencies described in \n such paragraph''.\n (b) Definition of Relocation or Sharing Costs.--Section \n113(g)(3)(A) of the National Telecommunications and Information \nAdministration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended--\n (1) in clause (iv)(II), by striking ``and'' at the end;\n (2) in clause (v), by striking the period and inserting ``; \n and''; and\n (3) by adding at the end the following:\n ``(vi) the costs incurred by an incumbent \n Federal entity to accommodate sharing the \n spectrum frequencies assigned to such entity \n with a Federal entity the operations of which \n are being relocated from eligible frequencies \n described in paragraph (2), unless the \n Commission receives notice under paragraph \n (4)(A)(ii)(II) with respect to the relocation \n of such operations.''.\n (c) Spectrum Relocation Fund.--Section 118 of the National \nTelecommunications and Information Administration Organization Act (47 \nU.S.C. 928) is amended--\n (1) in subsection (c), by striking ``with respect to'' and \n all that follows and inserting the following: ``with respect \n to--\n ``(1) relocation from or sharing of such eligible \n frequencies; or\n ``(2) in the case of an incumbent Federal entity described \n in section 113(g)(3)(A)(vi), accommodating sharing the spectrum \n frequencies assigned to such entity with a Federal entity the \n operations of which are being relocated from such eligible \n frequencies.''; and\n (2) in subsection (d)--\n (A) in paragraph (2)(A), by inserting ``(or, in the \n case of an incumbent Federal entity described in \n section 113(g)(3)(A)(vi), the eligible Federal entity \n the operations of which are being relocated has \n submitted such a plan)'' after ``transition plan''; and\n (B) in paragraph (3)(B)(ii), by inserting ``except \n in the case of an incumbent Federal entity described in \n section 113(g)(3)(A)(vi),'' before ``the transition \n plan''.\n ","summary":"Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the US Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1 of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year. Or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies.","title":"Federal Spectrum Incentive Act of 2013","text_len":15346,"sum_len":2143} {"bill_id":"103_hr1571","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Restricted Weapons Act of 1993''.\n\nSEC. 2. PROHIBITION AGAINST POSSESSION AND TRANSFER OF RESTRICTED \n WEAPONS.\n\n (a) Prohibition.--Section 922 of title 18, United States Code, is \namended by adding at the end the following:\n ``(s)(1) Except as provided in paragraphs (2) and (3), it shall be \nunlawful for any person to possess or transfer a restricted weapon.\n ``(2) Paragraph (1) shall not apply to any otherwise lawful \npossession or transfer of a restricted weapon if the weapon was \nlawfully possessed before the date the weapon was most recently added \nto the list published pursuant to section 925A.\n ``(3) It shall be unlawful for any person to transfer a restricted \nweapon that meets the requirement of paragraph (2), except in \naccordance with regulations prescribed by the Secretary.''.\n (b) Restricted Weapon Defined.--Section 921(a) of such title is \namended by adding at the end the following:\n ``(29) The term `restricted weapon' means any firearm which is on \nthe list most recently published by the Secretary under section \n925A.''.\n (c) Authority of the Secretary of the Treasury to Designate \nRestricted Weapons; Publication of List.--\n (1) In general.--Chapter 44 of title 18, United States \n Code, is amended by inserting after section 925 the following:\n``Sec. 925A. Designation of restricted weapons\n ``(a) Within 60 days after the date of the enactment of this \nsection, the Secretary shall--\n ``(1) designate as a restricted weapon--\n ``(A) any semiautomatic rifle which is--\n ``(i) manufactured in the United States; \n and\n ``(ii) not generally recognized as \n particularly suitable for, or readily adaptable \n to, sporting purposes; and\n ``(B) any firearm manufactured outside the United \n States the importation of which is prohibited under \n section 925(d); and\n ``(2) compile and publish a list of the firearms so \n designated.\n ``(b) After the end of the 60-day period described in subsection \n(a), the Secretary shall, from time to time--\n ``(1) revise the list published pursuant to subsection \n (a)--\n ``(A) to include in such list any weapon which \n meets the requirements of subparagraph (A) or (B) of \n subsection (a)(1); and\n ``(B) to exclude from such list any weapon which is \n not described in subsection (a)(1)(A) and which is not \n described in subsection (a)(1)(B); and\n ``(2) publish the revised list.''.\n (2) Semiautomatic rifle defined.--Section 921(a) of such \n title is amended by adding after the paragraph added by \n subsection (b) of this section the following:\n ``(30) The term `semiautomatic rifle', means--\n ``(A) a rifle which uses a portion of the force of a fired \n cartridge to expel the case of the fired cartridge and load \n another cartridge into the firing chamber, and which requires a \n separate function of the trigger to fire each cartridge; and\n ``(B) any part or combination of parts, designed or \n intended to convert a rifle into a rifle described in \n subparagraph (A).''.\n (3) Clerical amendment.--The table of sections at the \n beginning of chapter 44 of such title is amended by inserting \n after the item relating to section 925 the following:\n\n``925A. Designation of restricted weapons.''.\n (d) Penalties.--\n (1) Unlawful possession or transfer of restricted weapon.--\n Section 924(a)(1)(B) of such title, as amended by section \n 6(b)(2) of this Act, is amended by striking ``or (r)'' and \n inserting ``(r), or (s)''.\n (2) Enhanced penalty for possession or use of restricted \n weapon during crime of violence or drug trafficking crime.--\n Section 924(c)(1) of such title is amended by striking ``and if \n the firearm is a short-barreled rifle, short-barreled shotgun'' \n and inserting ``if the firearm is a restricted weapon, a short-\n barreled rifle, or a short-barreled shotgun,''.\n (e) Regulations Governing Transfer of Restricted Weapons.--\n (1) Regulations.--Section 926 of such title is amended by \n adding at the end the following:\n ``(d)(1) Within 60 days after the date of the enactment of this \nsubsection, the Secretary shall prescribe regulations governing the \ntransfer of restricted weapons, which shall allow such a transfer to \nproceed within 30 days after the Secretary receives such documentation \nas the Secretary may require to be submitted with respect to the \ntransfer, and shall include provisions for determining whether the \ntransferee is a person described in section 922(g).\n ``(2) The Secretary may assess a fee of not more than $50 in \nconnection with the transfer of a restricted weapon.''.\n (2) Penalty for violation of regulations.--Section 924(a) \n of such title is amended--\n (A) in paragraph (1), by striking ``paragraph (2) \n or (3) of''; and\n (B) by adding at the end the following:\n ``(5) Whoever transfers a restricted weapon in violation of a \nregulation issued under section 926(d)(1) but in an otherwise lawful \nmanner shall be fined under this title, imprisoned not more than one \nyear, or both.''.\n\nSEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RESTRICTED WEAPONS.\n\n (a) Prohibition.--Section 922 of title 18, United States Code is \namended by adding after the subsection added by section 2(a) of this \nAct the following:\n ``(t)(1) Except as provided in paragraph (2), it shall be unlawful \nto export or attempt to export a restricted weapon.\n ``(2) Paragraph (1) shall not apply to the exportation of a \nrestricted weapon--\n ``(A) by or for the United States or any department or \n agency thereof; or\n ``(B) by or to the government of a foreign country.\n ``(3) Notwithstanding paragraph (2)(B), it shall be unlawful to \nknowingly export or attempt to export a restricted weapon to a country \nif the Secretary of State finds that--\n ``(A) the government of the country engages in a consistent \n pattern of gross violations of internationally recognized human \n rights; or\n ``(B) the country has repeatedly provided support for \n international terrorism.''.\n (b) Penalty.--Section 924(a) of such title, is amended by adding \nafter the paragraph added by section 2(e)(2)(B) of this Act the \nfollowing:\n ``(6) Whoever knowingly violates section 922(t) shall be fined \nunder this title, imprisoned not more than 5 years, or both.''.\n\nSEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIREARM CAPABLE OF \n ACCEPTING A SILENCER OR BAYONET WITHOUT ALTERATION.\n\n (a) Prohibition.--Section 922 of title 18, United States Code, is \namended by adding after the subsections added by sections 2(a) and 3(a) \nof this Act the following:\n ``(u) It shall be unlawful for any person to manufacture a firearm \nto which a firearm silencer or bayonet may be directly attached without \nalteration of the firearm.''.\n (b) Penalty.--Section 924(a)(1)(B) of such title, as amended by \nsections 6(a) and 2(d)(1) of this Act, is amended by striking ``or \n(s)'' and inserting ``(s), or (u)''.\n\nSEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER OF LARGE CAPACITY \n AMMUNITION FEEDING DEVICES.\n\n (a) Prohibition.--Section 922 of title 18, United States Code, is \namended by adding after the subsections added by sections 2(a), 3(a), \nand 4(a) of this Act the following:\n ``(v)(1) It shall be unlawful for any person to possess or transfer \nany large capacity ammunition feeding device.\n ``(2) Paragraph (1) shall not apply to any otherwise lawful \npossession or otherwise lawful transfer of a large capacity ammunition \nfeeding device that was lawfully possessed before the date of the \nenactment of this subsection.''.\n (b) Large Capacity Ammunition Feeding Device Defined.--Section \n921(a) of such title is amended by adding after the paragraphs added by \nsubsections (b) and (c)(2) of section 2 of this Act the following:\n ``(31)(A) Except as provided in subparagraph (B), the term `large \ncapacity ammunition feeding device' means--\n ``(i) a detachable magazine, belt, drum, feed strip, or \n similar device which has, or which can be readily restored or \n converted to have, a capacity of more than 7 rounds of \n ammunition; and\n ``(ii) any part or combination of parts, designed or \n intended to convert a detachable magazine, belt, drum, feed \n strip, or similar device into a device described in clause (i).\n ``(B) The term `large capacity ammunition feeding device' does not \ninclude any attached tubular device designed to accept and capable of \noperating with only .22 rimfire caliber ammunition.''.\n (c) Penalty.--Section 924(a)(1)(B) of such title, as amended by \nsections 6(a), 2(d)(1), and 4(b) of this Act, is amended by striking \n``or (u)'' and inserting ``(u), or (v)''.\n (d) Regulations.--Section 926 of such title is amended by adding \nafter the subsection added by section 2(e)(1) of this Act the \nfollowing:\n ``(e) The Secretary shall promulgate regulations requiring \nmanufacturers of large capacity ammunition feeding devices to stamp \neach such device manufactured after the date of the enactment of this \nsubsection with a permanent distinguishing mark selected in accordance \nwith regulations.''.\n\nSEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS LAWS.\n\n (a) In General.--Section 924(a)(1)(B) of title 18, United States \nCode, is amended by striking ``(q)'' and inserting ``(r)''.\n (b) Effective Date.--The amendment made by this section shall take \neffect if such amendment had been included in section 2204 of the Crime \nControl Act of 1990 at the time such section 2204 became law.","summary":"Restricted Weapons Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a restricted weapon, unless such weapon was lawfully possessed before the date it was most recently added to the published list required under this Act. Defines restricted weapon to mean any firearm which is on the list most recently published by the Secretary of the Treasury under this Act. Requires the Secretary to: (1) designate as a restricted weapon any semiautomatic rifle which is manufactured in the United States and is not generally recognized as suitable for, or readily adaptable to, sporting purposes and any firearm manufactured outside the United States the importation of which does not meet the sporting purposes standard. And (2) compile, publish, and periodically revise a list of the firearms so designated. Sets penalties for the unlawful possession or transfer of a restricted weapon. Provides for an enhanced penalty for possession or use of a restricted weapon during a crime of violence or a drug trafficking crime. Requires the Secretary to prescribe regulations governing the transfer of restricted weapons which shall allow such a transfer to proceed within 30 days after the Secretary receives the documentation submitted with respect to such a transfer. Authorizes the Secretary to assess a fee in connection with such a transfer. Sets penalties for violating such regulations. Prohibits: (1) the export of restricted weapons, with exceptions for US departments or agencies and foreign governments. And (2) the manufacture of a firearm to which a silencer or bayonet may be attached without alteration of the firearm. Sets penalties for violations of these provisions. Prohibits the possession or transfer of large capacity ammunition feeding devices, except where lawfully possessed before enactment of this Act. Defines such devices to include: (1) a detachable magazine, belt, or similar device which has, or can be readily converted to have, a capacity of more than seven rounds of ammunition. And (2) any part or combination of parts intended to convert a detachable magazine into such a device. Excludes from such definition any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition. Sets penalties for violations. Requires the Secretary to promulgate regulations requiring manufacturers of such devices to stamp each such device with a permanent distinguishing mark.","title":"Restricted Weapons Act of 1993","text_len":10274,"sum_len":2468} {"bill_id":"108_s1281","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans Information and Benefits \nEnhancement Act of 2003''.\n\nSEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR \n TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES.\n\n (a) Presumption.--Section 1112(b) of title 38, United States Code, \nis amended--\n (1) in paragraph (14), by striking ``or'' at the end; and\n (2) by inserting after paragraph (15) the following new \n paragraphs:\n ``(16) cardiovascular disease (heart disease),\n ``(17) cerebrovascular disease (stroke), or\n ``(18) chronic liver disease, including cirrhosis and \n primary liver carcinoma,''.\n (b) Effective Date.--(1) The amendments made by subsection (a) \nshall take effect on the date of the enactment of this Act.\n (2) No benefit may be paid by reason of the amendments made by \nsubsection (a) for any period before the date of the enactment of this \nAct.\n\nSEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE.\n\n (b) Review of Mission, Procedures, and Administration.--(1) The \nSecretary of Veterans Affairs and the Secretary of Defense shall \njointly conduct a review of the mission, procedures, and administration \nof the Dose Reconstruction Program of the Department of Defense.\n (2) In conducting the review under paragraph (1), the Secretaries \nshall--\n (A) determine whether any additional actions are required \n to ensure that the quality assurance and quality control \n mechanisms of the Dose Reconstruction Program are adequate and \n sufficient for purposes of the program; and\n (B) determine the actions that are required to ensure that \n the mechanisms of the Dose Reconstruction Program for \n communication and interaction with veterans are adequate and \n sufficient for purposes of the program, including mechanisms to \n permit veterans to review the assumptions utilized in their \n dose reconstructions.\n (3) Not later than 90 days after the date of the enactment of this \nAct, the Secretaries shall jointly submit to Congress a report on the \nreview under paragraph (1). The report shall set forth--\n (A) the results of the review;\n (B) a plan for any actions determined to be required under \n paragraph (2); and\n (C) such other recommendations for the improvement of the \n mission, procedures, and administration of the Dose \n Reconstruction Program as the Secretaries jointly consider \n appropriate.\n (b) On-Going Review and Oversight.--The Secretaries shall jointly \ntake appropriate actions to ensure the on-going independent review and \noversight of the Dose Reconstruction Program, including the \nestablishment of the advisory board required by subsection (c).\n (c) Advisory Board.--(1) In taking actions under subsection (b), \nthe Secretaries shall jointly appoint an advisory board to provide \nreview and oversight of the Dose Reconstruction Program.\n (2) The advisory board under paragraph (1) shall be composed of the \nfollowing:\n (A) At least one expert in historical dose reconstruction \n of the type conducted under the Dose Reconstruction Program.\n (B) At least one expert in radiation health matters.\n (C) At least one expert in risk communications matters.\n (D) A representative of the Department of Veterans Affairs.\n (E) A representative of the Defense Threat Reduction \n Agency.\n (F) At least three veterans, including at least one veteran \n who is a member of an atomic veterans group.\n (3) The advisory board under paragraph (1) shall--\n (A) conduct periodic, random audits of dose reconstructions \n and decisions on claims for radiogenic diseases under the Dose \n Reconstruction Program;\n (B) assist the Department of Veterans Affairs and the \n Defense Threat Reduction Agency in communicating to veterans \n information on the mission, procedures, and evidentiary \n requirements of the Dose Reconstruction Program; and\n (C) carry out such other activities with respect to the \n review and oversight of the Dose Reconstruction Program as the \n Secretaries shall jointly specify.\n (4) The advisory board under paragraph (1) may make such \nrecommendations on modifications in the mission or procedures of the \nDose Reconstruction Program as the advisory board considers appropriate \nas a result of the audits conducted under paragraph (3)(A).\n\nSEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.\n\n (a) In General.--The Secretary of Veterans Affairs shall, in \naccordance with this section, carry out a study to determine the \nappropriate disposition of the Air Force Health Study, an epidemiologic \nstudy of Air Force personnel who were responsible for conducting aerial \nspray missions of herbicides during the Vietnam era.\n (b) Study Through National Academy of Sciences.--Not later than \nsixty days after the date of the enactment of this Act, the Secretary \nshall seek to enter into an agreement with the National Academy of \nSciences, or another appropriate scientific organization, to carry out \nthe study required by subsection (a).\n (c) Elements.--Under the study under subsection (a), the National \nAcademy of Sciences, or other appropriate scientific organization, \nshall address the following:\n (1) The scientific merit of retaining and maintaining the \n medical records, other study data, and laboratory specimens \n collected in the course of the Air Force Health Study after the \n currently-scheduled termination date of the study in 2006.\n (2) Whether or not any obstacles exist to retaining and \n maintaining the medical records, other study data, and \n laboratory specimens referred to in paragraph (1), including \n privacy concerns.\n (3) The advisability of providing independent oversight of \n the medical records, other study data, and laboratory specimens \n referred to in paragraph (1), and of any further study of such \n records, data, and specimens, and, if so, the mechanism for \n providing such oversight.\n (4) The advisability of extending the Air Force Health \n Study, including the potential value and relevance of extending \n the study, the potential cost of extending the study, and the \n Federal or non-Federal entity best suited to continue the study \n if extended.\n (5) The advisability of making the laboratory specimens of \n the Air Force Health Study available for independent research, \n including the potential value and relevance of such research, \n and the potential cost of such research.\n (d) Report.--Not later than 60 days after entering into an \nagreement under subsection (b), the National Academy of Sciences, or \nother appropriate scientific organization, shall submit to the \nSecretary and Congress a report on the results of the study under \nsubsection (a). The report shall include the results of the study, \nincluding the matters addressed under subsection (c), and such other \nrecommendations as the Academy, or other appropriate scientific \norganization, considers appropriate as a result of the study.\n\nSEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF \n NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH \n ON MEMBERS OF THE ARMED FORCES AND VETERANS.\n\n (a) Funding by Department of Veterans Affairs.--(1) The Secretary \nof Veterans Affairs shall make available to the National Academy of \nSciences in each of fiscal years 2004 through 2013, $250,000 for the \nMedical Follow-Up Agency of the Institute of Medicine of the Academy \nfor purposes of epidemiological research on members of the Armed Forces \nand veterans.\n (2) The Secretary of Veterans Affairs shall make available amounts \nunder paragraph (1) for a fiscal year from amounts available for the \nDepartment of Veterans Affairs for that fiscal year.\n (b) Funding by Department of Defense.--(1) The Secretary of Defense \nshall make available to the National Academy of Sciences in each of \nfiscal years 2004 through 2013, $250,000 for the Medical Follow-Up \nAgency for purposes of epidemiological research on members of the Armed \nForces and veterans.\n (2) The Secretary of Defense shall make available amounts under \nparagraph (1) for a fiscal year from amounts available for the \nDepartment of Defense for that fiscal year.\n (c) Use of Funds.--The Medical Follow-Up Agency shall use funds \nmade available under subsections (a) and (b) for epidemiological \nresearch on members of the Armed Forces and veterans.\n (d) Supplement Not Supplant.--Amounts made available to the Medical \nFollow-Up Agency under this section for a fiscal year for the purposes \nreferred to in subsection (c) are in addition to any other amounts made \navailable to the Agency for that fiscal year for those purposes.","summary":"Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease, (2) cerebrovascular disease (stroke). Or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans.","title":"A bill to amend title 38, United States Code, to presume additional diseases of former prisoners of war to be service-connected for compensation purposes, to enhance the Dose Reconstruction Program of the Department of Defense, to enhance and fund certain other epidemiological studies, and for other purposes","text_len":9181,"sum_len":1282} {"bill_id":"106_s3118","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Windfall Oil Profits For Heating \nAssistance Act of 2000''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) The overall net income for the 14 major petroleum \n companies more than doubled in the second quarter of 2000 \n relative to the second quarter of 1999, to $10,300,000,000.\n (2) In the second quarter of 2000, BP Amoco reported \n profits of $2,870,000,000, Chevron Corporation reported profits \n of $1,140,000,000, Conoco reported profits of $460,000,000, \n Exxon Mobil Corporation reported profits of $4,530,000,000, \n Marathon Oil Company reported profits of $367,000,000, Phillips \n Petroleum Company reported profits of $439,000,000, Royal \n Dutch\/Shell Group reported profits of $3,150,000,000, and \n Texaco, Inc. reported profits of $641,000,000.\n (3) When compared to the second quarter of 1999, the \n profits in the second quarter of 2000 increased 133 percent for \n BP Amoco, 136 percent for Chevron, 205 percent for Conoco, 123 \n percent for Exxon Mobil, 208 percent for Marathon, 275 percent \n for Phillips, 96 percent for Shell, and 124 percent for Texaco.\n (4) The profits in the second quarter of 2000 for BP Amoco, \n Chevron, Conoco, Exxon Mobil, and Shell were record quarterly \n profits for these oil companies.\n (5) In the first quarter of 2000, ARCO reported profits of \n $333,000,000, BP Amoco reported profits of $2,680,000,000, \n Chevron reported profits of $1,100,000,000, Conoco reported \n profits of $391,000,000, Exxon Mobil reported profits of \n $3,350,000,000, Phillips reported profits of $250,000,000, \n Shell reported profits of $3,130,000,000, and Texaco reported \n profits of $602,000,000.\n (6) When compared to the first quarter of 1999, the profits \n in the first quarter of 2000 increased 136 percent for ARCO, \n 296 percent for BP Amoco, 291 percent for Chevron, 371 percent \n for Conoco, 108 percent for Exxon Mobil, 257 percent for \n Phillips, 117 percent for Shell, and 473 percent for Texaco.\n (7) The profits in the first quarter of 2000 for BP Amoco, \n Conoco, Exxon Mobil, and Shell were record quarterly profits.\n (8) On June 19, 2000, gasoline prices hit all-time highs \n across the United States, with a national average of $1.68 per \n gallon, according to the Energy Information Administration.\n (9) On September 22, 2000, the Department of Energy \n estimated that heating oil inventories nationwide are 36 \n percent lower than in 1999, in the East such inventories are 40 \n percent lower than in 1999, and in New England such inventories \n are 65 percent lower than in 1999.\n (10) American consumers continue to pay sky-high gasoline \n prices and home heating oil prices are expected to hit an all-\n time high in the winter of 2000-2001 while the oil industry \n continues to reap record profits.\n (b) Purpose.--The purpose of this Act is to transfer windfall \nprofits from the oil industry to fund heating assistance for consumers \nand small business owners.\n\nSEC. 3. WINDFALL PROFITS ADJUSTMENT.\n\n (a) In General.--Subtitle E of the Internal Revenue Code of 1986 \n(relating to alcohol, tobacco, and certain other excise taxes) is \namended by adding at the end the following new chapter:\n\n ``CHAPTER 55--WINDFALL PROFITS ON CRUDE OIL AND PRODUCTS THEREOF\n\n ``Sec. 5886. Imposition of tax.\n\n``SEC. 5886. IMPOSITION OF TAX.\n\n ``(a) In General.--An excise tax is hereby imposed on the windfall \nprofit from any domestic crude oil or other taxable product removed \nfrom the premises during the taxable year at a rate equal to 100 \npercent of such windfall profit.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Premises.--The term `premises' has the same meaning \n as when used for purposes of determining gross income from \n property under section 613.\n ``(2) Producer.--The term `producer' means the holder of \n the economic interest with respect to the crude oil or taxable \n product.\n ``(3) Reasonable profit.--The term `reasonable profit' \n means the amount determined by the Chairman of the Federal \n Trade Commission to be a reasonable profit on the crude oil or \n taxable product.\n ``(4) Taxable product.--The term `taxable product' means \n any fuel which is a product of crude oil.\n ``(5) Windfall profit.--The term `windfall profit' means, \n with respect to any removal of crude oil or taxable product, so \n much of the profit on such removal as exceeds a reasonable \n profit.\n ``(c) Liability for Payment of Tax.--The tax imposed by subsection \n(a) shall be paid by the producer of the crude oil or taxable product.\n ``(d) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection.''.\n (b) Clerical Amendment.--The table of chapters for subtitle E of \nsuch Code is amended by adding at the end the following new item:\n\n ``Chapter 55. Windfall profits on crude \n oil and products thereof.''\n (c) Effective Date.--The amendments made by this section shall \napply to crude oil or other products removed from the premises on or \nafter January 1, 2000.\n\nSEC. 4. FEDERAL TRADE COMMISSION INVESTIGATION AND DETERMINATION OF \n REASONABLE PROFITS.\n\n (a) Investigation of Oil Industry Profits.--The Chairman of the \nFederal Trade Commission shall investigate the profits of the oil \nindustry, including the 14 major petroleum companies, on the sale in \nthe United States of any crude oil or other taxable product (as defined \nin section 5886(b) of the Internal Revenue Code of 1986) made after \nJanuary 1, 1999.\n (b) Determination of Reasonable Oil Industry Profits.--The Federal \nTrade Commission shall make reasonable profit determinations for \npurposes of applying section 5886 of the Internal Revenue Code of 1986 \n(relating to windfall profit on crude oil and products thereof).\n (c) Funding.--There are authorized to be appropriated to the \nFederal Trade Commission such funds as are necessary to carry out this \nsection.\n\nSEC. 5. ALLOCATION OF REVENUES FROM WINDFALL OIL PROFITS ADJUSTMENT TO \n HEATING ASSISTANCE.\n\n (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of \nsubtitle I of the Internal Revenue Code of 1986 (relating to \nestablishment of trust funds) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 9511. WINDFALL OIL PROFITS TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Windfall Oil \nProfits Trust Fund', consisting of such amounts as may be appropriated \nor credited to the Windfall Oil Profits Trust Fund as provided in this \nsection.\n ``(b) Transfers to Windfall Oil Profits Trust Fund.--There are \nhereby appropriated to the Windfall Oil Profits Trust Fund amounts \nequivalent to the taxes received in the Treasury under section 5886.\n ``(c) Expenditures From Windfall Oil Profits Trust Fund.--Amounts \nin the Windfall Oil Profits Trust Fund shall be available, as provided \nby appropriations Acts, for making expenditures--\n ``(1) in an amount not to exceed 75 percent of amounts \n transferred under subsection (b), for heating assistance for \n consumers, and\n ``(2) in an amount not to exceed 25 percent of amounts \n transferred under subsection (b), for heating assistance for \n small businesses.''.\n (b) Clerical Amendment.--The table of sections for subchapter A of \nchapter 98 of subtitle I of the Internal Revenue Code of 1986 is \namended by adding at the end the following new item:\n\n ``Sec. 9511. Windfall oil profits trust fund.''","summary":"Directs the Federal Trade Commission to investigate the profits of the oil industry and make reasonable profit determinations. Authorizes appropriations. Establishes the Windfall Oil Profits Trust Fund consisting amounts equivalent to the taxes received pursuant to the excise tax established by this Act. Provides for expenditures from the Fund for heating assistance to consumers and small businesses.","title":"Windfall Oil Profits for Heating Assistance Act of 2000","text_len":8249,"sum_len":403} {"bill_id":"106_hr4922","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``TMDL Regulatory Accountability Act \nof 2000''.\n\nSEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC.\n\n The Administrator shall--\n (1) publish, not later the 5th day following the date of \n enactment of this Act, in the Federal Register a notice \n soliciting public comment for 120 days on revisions to \n regulations pertaining to the national pollutant discharge \n elimination system program and the water quality planning and \n management program published in the Federal Register on July \n 13, 2000 (65 Fed. Reg. 43586);\n (2) solicit comments from each State regarding the impact \n of such revisions on implementation and effectiveness of \n existing State programs;\n (3) hold public meetings for the purpose of receiving \n public comments on such revisions, including meetings at \n locations that will provide a reasonable opportunity for \n citizens of rural communities to both attend and provide \n comments; and\n (4) maintain a record of all public comments on such \n revisions, including comments from States under paragraph (2) \n and comments received at public meetings under paragraph (3), \n in a publicly available docket and, not later than the 180th \n day following such date of enactment, publish a response to the \n comments in the Federal Register.\n\nSEC. 3. FILLING DATA GAPS.\n\n (a) In General.--Not later than the 120th day following the date of \nenactment of this Act, the Administrator shall transmit to Congress an \nanalysis of the monitoring data needed for development and \nimplementation of TMDLs. Such analysis shall address the data gaps \nidentified by the Comptroller General in the March 2000 report issued \nby the General Accounting Office, entitled ``Water Quality, Key EPA and \nState Decisions Limited By Inconsistent and Incomplete Data'', \nincluding gaps in data needed to--\n (1) assess all State waters;\n (2) identify waters that are impaired;\n (3) identify pollution sources;\n (4) develop TMDLs; and\n (5) develop plans to implement TMDLs.\n (b) Data Collection Costs.--The analysis under subsection (a) shall \ninclude an estimate of the cost of collecting the monitoring data.\n (c) State Input.--In conducting the analysis under subsection (a) \nand estimating the costs under subsection (b), the Administrator shall \nsolicit comments from each State regarding the analysis and estimate.\n\nSEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING.\n\n (a) Study Required.--The Administrator shall make arrangements with \nthe National Academy of Sciences to conduct a study on the scientific \nbases underlying the development of TMDLs.\n (b) Scope.--The study shall include an evaluation of each of the \nfollowing:\n (1) The information required to identify sources of \n pollutant loadings and their respective contributions to water \n quality impairment.\n (2) The information required to allocate reductions in \n pollutant loadings among sources.\n (3) Whether such information is available for use by \n States.\n (4) Whether such information, if available, is reliable.\n (5) If such information is not available or is not \n reliable, what methodologies should be used to obtain such \n information.\n (c) Review.--Before submitting a report under subsection (d), the \nNational Academy of Sciences shall provide appropriate Federal, State, \nand public and private sector interests an opportunity to review and \nsubmit written comments on the report. The final report shall \nincorporate such comments if appropriate.\n (d) Report.--Not later than the 240th day following the date of \nenactment of this Act, the National Academy of Sciences shall transmit \na report on the study to the Administrator and Congress. The report \nshall include recommendations of the National Academy of Sciences for \nimproving the methodologies evaluated under the study.\n (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $3,000,000. Such sums shall \nremain available until expended.\n\nSEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF \n REGULATORY CHANGES.\n\n (a) UMRA Analysis.--\n (1) In general.--With respect to the revisions referred to \n in section 2, the Administrator shall prepare a written \n statement containing the information specified in section \n 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. \n 1532(a); 109 Stat. 64-65) and shall conduct the analyses \n required under section 205 of such Act (2 U.S.C. 1535).\n (2) Recommendations of the comptroller general.--In \n preparing the statement and conducting the analyses referred to \n in paragraph (1)--\n (A) the Administrator shall address the concerns \n regarding the economic analysis performed by the \n Administrator on these regulatory changes identified by \n the Comptroller General in a June 21, 2000, report \n entitled ``Clean Water Act: Proposed Revisions to EPA \n Regulations to Clean Up Polluted Waters''; and\n (B) the Administrator, consistent with the \n recommendations of the Comptroller General, shall--\n (i) use alternative baseline assumptions, \n including an assumption that accurately \n reflects the water quality data currently \n available for the development and \n implementation of TMDLs, and conduct a \n sensitivity analysis to assess the effect of \n different assumptions on the analyses;\n (ii) quantify benefits using the same \n baseline assumptions used to quantify costs; \n and\n (iii) consider costs to regulated entities \n and other Federal agencies, as well as costs to \n States.\n (b) Effects on Small Entities.--The Administrator shall conduct \nanalyses of the effects of the revisions referred to in section 2 on \nsmall entities, including small businesses, small organizations, and \nsmall governmental organizations. Such analyses shall include, at a \nminimum--\n (1) a description of and an estimate of the number of small \n entities to which the regulations, as revised, would apply;\n (2) the cost to small entities resulting from \n implementation of the regulations, as revised, by States and \n the Environmental Protection Agency; and\n (3) a description of the steps the Administrator has taken \n to minimize the significant economic impact on small entities, \n including a statement of the factual, policy, and legal reasons \n for selecting the alternative adopted in the final rule and why \n each one of the other significant alternatives to the rule \n considered by the Administrator that affect the impact on small \n entities was rejected.\n (c) Information From Relevant Federal Agencies.--In conducting the \nanalyses under subsections (a) and (b), the Administrator shall obtain \ninformation from relevant Federal agencies, including the Department of \nAgriculture, the Department of Defense, and the Small Business \nAdministration.\n (d) Review by the Comptroller General.--At least 60 days before \npublishing an analysis in the Federal Register for public notice and \ncomment under subsection (e), the Administrator shall provide the \nComptroller General with an opportunity to review and comment on such \nanalysis.\n (e) Public Review and Comment.--The Administrator shall publish the \nanalyses required under subsections (a) and (b) in the Federal Register \nnot later than 150th day after the date of enactment of this Act and \nshall solicit public comment for a period of not less than 60 days. \nComments received shall be included in the publicly available docket \nmaintained under section 2.\n (f) Response to Comments.--Not later than the 60th day following \nthe last day of the comment period under subsection (e), the \nAdministrator shall publish a response to comments in the Federal \nRegister.\n\nSEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS.\n\n (a) Agency Review of Information and Regulations.--The \nAdministrator shall review all information provided or developed under \nsections 2, 3, 4, and 5 and shall consider whether or not the \nAdministrator should change the revisions referred to in section 2 \nbased upon such information.\n (b) Explanation to Congress.--Upon completing the review, but not \nlater than the 270th day following the date of enactment of this Act, \nthe Administrator shall transmit to Congress an explanation of the \nAdministrator's decision to change or not to change the revisions \nreferred to in section 2.\n\nSEC. 7. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) TMDL.--The term ``TMDL'' has the meaning that the term \n ``total maximum daily load'' has under section 303(d)(1)(C) of \n the Federal Water Pollution Control Act (23 U.S.C. \n 1313(d)(1)(C)).\n (3) Small entity.--The term ``small entity'' has the \n meaning such term has in section 601 of title 5, United States \n Code.\n (4) State.--The term ``State'' has the meaning such term \n has under section 502 of the Federal Water Pollution Control \n Act (33 U.S.C. 1362).","summary":"Directs the Administrator to transmit to Congress an analysis of the monitoring data needed for development and implementation of total maximum daily loads (TMDLs) which shall address data gaps identified by the Comptroller General in a March 2000 report entitled Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data. Requires the Administrator to make arrangements with the National Academy of Sciences to study and report on the scientific bases underlying the development of TDMLs. Authorizes appropriations. Directs the Administrator, with respect to the economic analysis performed on regulatory changes identified by the Comptroller General in the June 2000 report entitled Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters, to prepare certain statements and analyses required under the Unfunded Mandates Reform Act of 1995 with respect to: (1) significant regulatory actions that may result in expenditures by State, local, and tribal governments or the private sector of $100 million or more annually. And (2) selection of a least costly, most cost-effective, or least burdensome alternative. Requires the Administrator to conduct analyses of the effects of the revisions to the regulations pertaining to the NPDES and water quality planning and management on small entities. Directs the Administrator to review the information provided or developed under this Act and consider whether the revisions to such regulations should be changed. Requires an explanation to Congress of the decision to change or not to change such revisions.","title":"TMDL Regulatory Accountability Act of 2000","text_len":10039,"sum_len":1608} {"bill_id":"111_hr1327","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Iran Sanctions Enabling Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) There is an increasing interest by States, local \n governments, educational institutions, and private institutions \n to seek to disassociate themselves from companies that directly \n or indirectly support the Government of Iran's efforts to \n achieve a nuclear weapons capability.\n (2) Policy makers and fund managers may find moral, \n prudential, or reputational reasons to divest from companies \n that accept the business risk of operating in countries that \n are subject to international economic sanctions or that have \n business relationships with countries, governments, or entities \n with which any United States company would be prohibited from \n dealing because of economic sanctions imposed by the United \n States.\n\nSEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN \n COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.\n\n (a) Statement of Policy.--It is the policy of the United States to \nsupport the decision of State governments, local governments, and \neducational institutions to divest from, and to prohibit the investment \nof assets they control in, persons that have investments of more than \n$20,000,000 in Iran's energy sector.\n (b) Authority to Divest.--Notwithstanding any other provision of \nlaw, a State or local government may adopt and enforce measures that \nmeet the requirements of subsection (d) to divest the assets of the \nState or local government from, or prohibit investment of the assets of \nthe State or local government in, any person that the State or local \ngovernment determines, using credible information available to the \npublic, engages in investment activities in Iran described in \nsubsection (c).\n (c) Investment Activities in Iran Described.--A person engages in \ninvestment activities in Iran described in this subsection if the \nperson--\n (1) has an investment of $20,000,000 or more in the energy \n sector of Iran;\n (2) provides oil or liquified natural gas tankers, or \n products used to construct or maintain pipelines used to \n transport oil or liquified natural gas, for the energy sector \n in Iran; or\n (3) is a financial institution that extends $20,000,000 or \n more in credit to another person, for 45 days or more, if that \n person will use the credit to invest in the energy sector in \n Iran.\n (d) Requirements.--The requirements referred to in subsection (b) \nthat a measure taken by a State or local government must meet are the \nfollowing:\n (1) Notice.--The State or local government shall provide \n written notice to each person to whom the State or local \n government, as the case may be, intends to apply the measure, \n of such intent.\n (2) Timing.--The measure shall apply to a person not \n earlier than the date that is 90 days after the date on which \n the person receives the written notice required by paragraph \n (1).\n (3) Opportunity for hearing.--The State or local government \n shall provide each person referred to in paragraph (1) with an \n opportunity to demonstrate to the State or local government, as \n the case may be, that the person does not engage in investment \n activities in Iran described in subsection (c). If the person \n demonstrates to the State or local government that the person \n does not engage in investment activities in Iran described in \n subsection (c), the measure shall not apply to the person.\n (4) Sense of the congress on avoiding erroneous \n targeting.--It is the sense of the Congress that a State or \n local government should not adopt a measure under subsection \n (b) with respect to a person unless the State or local \n government has made every effort to avoid erroneously targeting \n the person and has verified that the person engages in \n investment activities in Iran described in subsection (c).\n (e) Notice to Department of Justice.--Not later than 30 days after \nadopting a measure pursuant to subsection (b), a State or local \ngovernment shall submit to the Attorney General of the United States a \nwritten notice which describes the measure.\n (f) Nonpreemption.--A measure of a State or local government \nauthorized under subsection (b), or described in subsection (i), is not \npreempted by any Federal law or regulation.\n (g) Definitions.--In this section:\n (1) Investment.--The ``investment'' of assets, with respect \n to a State or local government, includes--\n (A) a commitment or contribution of assets;\n (B) a loan or other extension of credit; or\n (C) the entry into or renewal of a contract for \n goods or services.\n (2) Assets.--\n (A) In general.--Except as provided in subparagraph \n (B), the term ``assets'' refers to public monies and \n includes any pension, retirement, annuity, or endowment \n fund, or similar instrument, that is controlled \n directly or indirectly by a State or local government.\n (B) Exception.--The term ``assets'' does not \n include employee benefit plans covered by title I of \n the Employee Retirement Income Security Act of 1974 (29 \n U.S.C. 1001 et seq.).\n (h) Effective Date.--\n (1) In general.--Except as provided in paragraph (2) of \n this subsection and subsection (i), this section shall apply to \n measures adopted by a State or local government on or after the \n date of the enactment of this Act.\n (2) Notice requirements.--Subsections (d) and (e) apply to \n measures adopted by a State or local government on or after the \n date of the enactment of this Act.\n (i) Authorization for Prior Enacted Measures.--Notwithstanding any \nother provision of law, a State or local government may enforce a \nmeasure (without regard to the requirements of subsection (d)) adopted \nby the State or local government before the date of the enactment of \nthis Act that provides for the divestiture of assets of the State or \nlocal government from, or prohibits the investment of the assets of the \nState or local government in, any person that the State or local \ngovernment determines, using credible information available to the \npublic, engages in investment or business activities in Iran \n(determined without regard to subsection (c)) identified in the \nmeasure.\n\nSEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET \n MANAGERS.\n\n Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. \n80a-13(c)(1)) is amended to read as follows:\n ``(1) In general.--Solely for purposes of this subsection, \n and notwithstanding any other provision of Federal or State \n law, no person may bring any civil, criminal, or administrative \n action against any registered investment company, or any \n employee, officer, director, or investment adviser thereof, \n based solely upon the investment company divesting from, or \n avoiding investing in, securities issued by persons that the \n investment company determines, using credible information that \n is available to the public, conduct or have direct investments \n in business operations in Sudan described in section 3(d) of \n the Sudan Accountability and Divestment Act of 2007 or engage \n in investment activities in Iran described in section 3(c) of \n the Iran Sanctions Enabling Act of 2009. Nothing in this \n paragraph shall be construed to create, imply, diminish, \n change, or affect in any way the existence of a private cause \n of action under any other provision of this Act.''.\n\nSEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE \n BENEFIT PLANS.\n\n Section 404 of the Employee Retirement Income Security Act of 1974 \n(29 U.S.C. 1104) is amended by adding at the end the following new \nsubsection:\n ``(e) No person shall be treated as breaching any of the \nresponsibilities, obligations, or duties imposed upon fiduciaries by \nthis title for divesting plan assets from, or avoiding investing plan \nassets in, persons that are determined by such person, using credible \ninformation that is available to the public, to be engaged in \ninvestment activities in Iran described in section 3(c) of the Iran \nSanctions Enabling Act of 2009. Any divestiture of plan assets from, or \navoidance of investing plan assets in, persons that are so determined \nto be engaged in such investment activities shall be treated as in \naccordance with this title and the documents and instruments governing \nthe plan.''.\n\nSEC. 6. DEFINITIONS.\n\n In this title:\n (1) Energy sector.--The term ``energy sector'' refers to \n activities to develop petroleum or natural gas resources or \n nuclear power.\n (2) Financial institution.--The term ``financial \n institution'' has the meaning given that term in section 14(5) \n of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 \n U.S.C. 1701 note).\n (3) Iran.--The term ``Iran'' includes any agency or \n instrumentality of Iran.\n (4) Person.--The term ``person'' means--\n (A) a natural person, corporation, company, \n business association, partnership, society, trust, or \n any other nongovernmental entity, organization, or \n group;\n (B) any governmental entity or instrumentality of a \n government, including a multilateral development \n institution (as defined in section 1701(c)(3) of the \n International Financial Institutions Act (22 U.S.C. \n 262r(c)(3))); and\n (C) any successor, subunit, parent company, or \n subsidiary of, or company under common ownership or \n control with, any entity described in subparagraph (A) \n or (B).\n (5) State.--The term ``State'' means each of the several \n States, the District of Columbia, the Commonwealth of Puerto \n Rico, the United States Virgin Islands, Guam, American Samoa, \n and the Commonwealth of the Northern Mariana Islands.\n (6) State or local government.--The term ``State or local \n government'' includes--\n (A) any State and any agency or instrumentality \n thereof;\n (B) any local government within a State, and any \n agency or instrumentality thereof;\n (C) any other governmental instrumentality; and\n (D) any public institution of higher education \n within the meaning of the Higher Education Act of 1965 \n (20 U.S.C. 1001 et seq.).\n\nSEC. 7. SUNSET.\n\n This Act shall terminate 30 days after the date on which the \nPresident has certified to the Congress that--\n (1) the Government of Iran has ceased providing support for \n acts of international terrorism and no longer satisfies the \n requirements for designation as a state-sponsor of terrorism \n for purposes of section 6(j) of the Export Administration Act \n of 1979, section 620A of the Foreign Assistance Act of 1961, \n section 40 of the Arms Export Control Act, or any other \n provision of law; or\n (2) Iran has ceased the pursuit, acquisition, and \n development of nuclear, biological, and chemical weapons and \n ballistic missiles and ballistic missile launch technology.\n\n Passed the House of Representatives October 14, 2009.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.","summary":"Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector. Or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector. Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities. Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran. Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism. Or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.","title":"To authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes.","text_len":12363,"sum_len":2468} {"bill_id":"110_hr84","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Efficient Buildings Act of \n2007''.\n\nSEC. 2. ENERGY EFFICIENT BUILDING GRANT PROGRAM.\n\n (a) Energy Efficient Building Pilot Grant Program.--\n (1) In general.--Not later than 6 months after the date of \n enactment of this Act, the Secretary of Energy (in this Act \n referred to as the ``Secretary'') shall establish a pilot \n program to award grants to businesses and organizations for new \n construction of energy efficient buildings, or major \n renovations of buildings that will result in energy efficient \n buildings, to demonstrate innovative energy efficiency \n technologies, especially those sponsored by the Department of \n Energy.\n (2) Awards.--The Secretary shall award grants under this \n subsection competitively to those applicants whose proposals--\n (A) best demonstrate--\n (i) likelihood to meet or exceed the \n standards referred to in subsection (b)(2);\n (ii) likelihood to maximize cost-effective \n energy efficiency opportunities; and\n (iii) advanced energy efficiency \n technologies; and\n (B) maximize the leverage of private investment for \n costs related to increasing the energy efficiency of \n the building.\n (3) Consideration.--The Secretary shall give due \n consideration to proposals for buildings that are likely to \n serve low and moderate income populations.\n (4) Amount of grants.--Grants under this subsection shall \n be for up to 50 percent of design and energy modeling costs, \n not to exceed $50,000 per building. No single grantee may be \n eligible for more than 3 grants per year under this program.\n (5) Grant payments.--\n (A) Initial payment.--The Secretary shall pay 50 \n percent of the total amount of the grant to grant \n recipients upon selection.\n (B) Remainder of payment.--The Secretary shall pay \n the remaining 50 percent of the grant only after \n independent certification, by a professional engineer \n or other qualified professional, that operational \n buildings are energy efficient buildings as defined in \n subsection (b).\n (C) Failure to comply.--The Secretary shall not \n provide the remainder of the payment unless the \n building is certified within 6 months after operation \n of the completed building to meet the requirements \n described in subparagraph (B), or in the case of major \n renovations the building is certified within 6 months \n of the completion of the renovations.\n (6) Report to congress.--Not later than 3 years after \n awarding the first grant under this subsection, the Secretary \n shall transmit to Congress a report containing--\n (A) the total number and dollar amount of grants \n awarded under this subsection; and\n (B) an estimate of aggregate cost and energy \n savings enabled by the pilot program under this \n subsection.\n (7) Administrative expenses.--Administrative expenses for \n the program under this subsection shall not exceed 10 percent \n of appropriated funds.\n (b) Definition of Energy Efficient Building.--For purposes of this \nsection the term ``energy efficient building'' means a building that--\n (1) achieves a reduction in energy consumption of--\n (A) at least 30 percent for new construction, \n compared to the energy standards set by the 2004 \n International Energy Conservation Code (in the case of \n residential buildings) or ASHRAE Standard 90.1-2004; or\n (B) at least 20 percent for major renovations, \n compared to energy consumption before renovations are \n begun;\n (2) is constructed or renovated in accordance with the most \n current, appropriate, and applicable voluntary consensus \n standards, as determined by the Secretary, such as those listed \n in the assessment under section 914(b), or revised or developed \n under section 914(c), of the Energy Policy Act of 2005; and\n (3) after construction or renovation--\n (A) uses heating, ventilating, and air conditioning \n systems that perform at no less than Energy Star \n standards; or\n (B) if Energy Star standards are not applicable, \n uses Federal Energy Management Program recommended \n heating, ventilating, and air conditioning products.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary for carrying out this section $10,000,000 \nfor each of the fiscal years 2008 through 2012.","summary":"Energy Efficient Buildings Act of 2007 - Directs the Secretary of Energy to: (1) establish a pilot program to award grants to businesses and organizations for new construction or major renovations of energy efficient buildings that will result in innovative energy efficiency technologies, especially those sponsored by the Department of Energy. And (2) give due consideration to proposals for buildings that are likely to serve low and moderate income populations. Defines energy efficient building as one that after construction or renovation: (1) uses heating, ventilating, and air conditioning systems that perform at no less than Energy Star standards. Or (2) if Energy Star standards are not applicable, uses Federal Energy Management Program recommended heating, ventilating, and air conditioning products.","title":"To establish a program of demonstration and commercial application of advanced energy efficiency technologies and systems for buildings, and for other purposes.","text_len":5294,"sum_len":813} {"bill_id":"111_s4041","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prepaid Card Consumer Protection Act \nof 2010''.\n\nSEC. 2. DEFINITIONS.\n\n (a) Definition of ``Account''.--Section 903 of the Electronic Fund \nTransfer Act (15 U.S.C. 1693a) is amended by striking paragraph (2) and \ninserting the following:\n ``(2) the term `account'--\n ``(A) means--\n ``(i) a demand deposit, savings deposit, or \n other asset account (other than an occasional \n or incidental credit balance in an open end \n credit plan as defined in section 103(i) of \n this Act), as described in regulations of the \n Bureau, established primarily for personal, \n family, or household purposes, including a \n payroll card account, as defined by the Bureau \n by rule; and\n ``(ii) a spending card account, as defined \n in section 924(a); and\n ``(B) does not include an account held by a \n financial institution pursuant to a bona fide trust \n agreement;''.\n (b) Definition of ``Financial Institution''.--Section 903(9) of the \nElectronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by \nstriking ``holds an account'' and inserting ``provides or holds an \naccount containing funds''.\n (c) Technical and Conforming Amendments.--Section 903 of the \nElectronic Fund Transfer Act (15 U.S.C. 1693a) is amended--\n (1) by redesignating paragraph (4) (relating to the Board \n of Governors of the Federal Reserve System), as so designated \n by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), \n as paragraph (3); and\n (2) in paragraph (3), as so redesignated by paragraph (1) \n of this subsection, by striking ``term `Bureau' means the \n Bureau of Governors'' and inserting ``term `Board' means the \n Board of Governors''.\n\nSEC. 3. SPENDING CARD ACCOUNTS.\n\n (a) Spending Card Accounts.--The Electronic Fund Transfer Act (15 \nU.S.C. 1693 et seq.) is amended--\n (1) by redesignating section 923 (15 U.S.C. 1693 note), \n relating to the effective date of the Electronic Fund Transfer \n Act, as so designated by section 1073 of the Dodd-Frank Wall \n Street Reform and Consumer Protection Act (Public Law 111-203; \n 124 Stat. 2060), as section 925;\n (2) by redesignating section 922 (15 U.S.C. 1693r), \n relating to exemptions for State regulation, as so designated \n by section 1073 of the Dodd-Frank Wall Street Reform and \n Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), \n as section 923; and\n (3) by inserting after section 923, as redesignated by \n paragraph (2), the following:\n``Sec. 924. Spending card accounts\n ``(a) Definition.--For purposes of this section, the term `spending \ncard account'--\n ``(1) means an asset account, other than as defined in \n subparagraph (A)(i) or (B) of section 903(2)--\n ``(A) that is established by a consumer or on \n behalf of a consumer;\n ``(B) that contains the funds of a consumer;\n ``(C) to which payments are to be made by a \n consumer, or at the direction of a consumer;\n ``(D) to which recurring electronic fund transfers \n may be made, at the direction of a consumer; or\n ``(E) from which payments may be made at the \n direction of a consumer through the use of a card, \n code, or device;\n ``(2) includes an asset account described in paragraph \n (1)--\n ``(A) that is operated or managed by a financial \n institution, or any other person; and\n ``(B) the funds of which are--\n ``(i) pooled with the funds of a person \n other than the person who established the \n account; or\n ``(ii) held in a name other than that of \n the person who established the account; and\n ``(3) does not include--\n ``(A) a nonreloadable general-use prepaid card, as \n defined in section 915(a)(2)(A), in an amount that does \n not exceed $250;\n ``(B) a general-use prepaid card, as defined in \n section 915(a)(2)(A), that is solely associated with--\n ``(i) a health plan to which section 105 of \n the Internal Revenue Code of 1986 applies;\n ``(ii) a qualified transportation fringe, \n as defined in section 132(f) of the Internal \n Revenue Code of 1986;\n ``(iii) a health savings account, as \n defined in section 223(d) of the Internal \n Revenue Code of 1986; or\n ``(iv) any other healthcare benefit \n account, including a healthcare account \n relating to Medicare or Medicaid benefits;\n ``(C) a gift certificate, as defined in section \n 915(a)(2)(B);\n ``(D) a store gift card, as defined in section \n 915(a)(2)(C);\n ``(E) an electronic promise, plastic card, or \n payment code or device described in clause (i), (v), or \n (vi) of section 915(a)(2)(D);\n ``(F) a nonreloadable card labeled as a gift card \n and marketed solely as a gift card; or\n ``(G) a nonreloadable loyalty, rebate or \n promotional card.\n ``(b) FDIC Insurance.--\n ``(1) Insurance required.--A financial institution may only \n offer electronic fund transfer services in connection with a \n spending card account if the account is insured under, and \n complies with the requirements for pass-through deposit \n insurance under, section 11 of the Federal Deposit Insurance \n Act (12 U.S.C. 1821).\n ``(2) Transfer of funds.--Any person that accepts funds in \n connection with an electronic fund transfer to a spending card \n account shall promptly, and in no event later than 24 hours \n after the person accepts the funds--\n ``(A) transfer such funds to an account at an \n insured depository institution (as defined in section \n 3(c) of the Federal Deposit Insurance Act (12 U.S.C. \n 1813(c))); or\n ``(B) credit the spending card account an amount \n equal to the amount of such funds.\n ``(c) Alternative to Periodic Statement.--\n ``(1) Periodic statement not required.--In the case of an \n electronic fund transfer from a spending card account, a \n financial institution shall not be subject to the requirement \n under section 906(c) to provide a periodic statement to a \n consumer, if--\n ``(A) the financial institution provides to the \n consumer--\n ``(i) access to the account balance of the \n consumer--\n ``(I) through a readily available \n telephone line;\n ``(II) through the Internet; and\n ``(III) at an electronic terminal \n or other device that allows the \n consumer to make a balance inquiry, by \n providing balance information or, \n routinely or upon request, on a receipt \n provided at the electronic terminal at \n the time of an electronic fund \n transfer;\n ``(ii) notice of the means by which the \n consumer may access the account balance of the \n consumer, including any telephone number;\n ``(iii) in response to an oral or written \n request of the consumer, a written record of \n the account transactions of the consumer during \n the 2-year period ending on the date of the \n request that includes the information required \n to be provided to the consumer under section \n 906(c);\n ``(iv) an electronic record, such as a \n record available on the Internet, of the \n account transactions of the consumer during the \n 60-day period ending on the date on which the \n consumer accesses the electronic record that \n includes the information required to be \n provided to the consumer under section 906(c);\n ``(v) with at least the same frequency as a \n written periodic statement that would otherwise \n be required under section 906, notification by \n email of the availability of an electronic \n history or an electronic periodic statement, \n unless the consumer has declined to provide an \n email address;\n ``(vi) the option to receive a written \n periodic statement and notice of such option;\n ``(vii) annual notice of the error \n resolution procedure for the spending card \n account, as prescribed in regulations of the \n Bureau; and\n ``(viii) any other transaction information \n that the financial institution elects to make \n available and that the consumer elects to \n receive, such as messages or alerts concerning \n balance levels or account activity; or\n ``(B) the consumer does not provide a valid address \n to the card issuer.\n ``(2) Fees prohibited.--\n ``(A) In general.--Except as provided in \n subparagraph (B), a financial institution may not \n charge a fee for any service provided under paragraph \n (1).\n ``(B) Fee for written periodic statement.--A \n financial institution may charge a fee of not more than \n $1 for each written periodic statement provided under \n paragraph (1)(A)(vi).\n ``(3) No election by consumer.--If a consumer does not \n provide an email address to a financial institution and does \n not elect to receive written periodic statements under \n paragraph (1)(A)(vi), the financial institution shall provide a \n written statement to the consumer at least once each year, at \n no cost to the consumer, that contains the date, source, and \n amount of each transaction made or fee charged, together with \n such additional information as the Bureau may require.\n ``(d) Limitations on Liability.--For purposes of section 909(a), \nreimbursement need not be made to a consumer for a loss relating to a \nspending card account that a financial institution establishes would \nnot have occurred but for the failure of the consumer to report any \nunauthorized electronic fund transfer or account error--\n ``(1) not later than 60 days after the earlier of--\n ``(A) the receipt by the consumer of a written \n account record under subsection (c)(1) that includes \n the unauthorized electronic fund transfer or account \n error; or\n ``(B) the date on which account information that \n includes the unauthorized electronic fund transfer or \n account error is provided to or accessed by the \n consumer under subsection (c); or\n ``(2) in extenuating circumstances, such as extended travel \n or hospitalization, within a longer time that is reasonable \n under the circumstances.\n ``(e) Fees.--\n ``(1) Fees prohibited.--Except as provided in paragraph \n (2), a financial institution may not charge in connection with \n a spending card account--\n ``(A) an annual fee;\n ``(B) an overdraft fee, including a fee for \n shortage or nonsufficient funds, or any other fee for a \n transaction processed for amounts exceeding the account \n balance;\n ``(C) a usage fee for use at the point of sale;\n ``(D) a fee for a declined transaction;\n ``(E) a fee for the use of an electronic terminal \n that is in the network of the issuer;\n ``(F) an inactivity or dormancy fee;\n ``(G) a fee for a balance inquiry or access to \n transaction information;\n ``(H) a fee for an inquiry to customer service;\n ``(I) a finance charge or other fee imposed in \n connection with an extension of credit;\n ``(J) an account closing fee or a fee to obtain the \n remaining balance in the spending card account; or\n ``(K) a fee for any activity not described in \n paragraph (2).\n ``(2) Fees permitted.--A financial institution may charge \n in connection with a spending card account--\n ``(A) a fee for a replacement card--\n ``(i) of not more than $5 for the first \n replacement card requested by a consumer during \n any 12-month period; and\n ``(ii) that is in addition to the \n replacement card described in clause (i);\n ``(B) a fee for expedited delivery of a replacement \n card;\n ``(C) a periodic fee, not more frequently than \n monthly;\n ``(D) a reload fee, or any other fee for adding \n value to the spending card account, if the financial \n institution provides an alternate method for adding \n value to the spending card account without a fee;\n ``(E) a fee for a transfer from the spending card \n account to another account;\n ``(F) a fee for bill payment by check;\n ``(G) a fee for a withdrawal by the consumer from \n an electronic terminal that is--\n ``(i) located outside the United States;\n ``(ii) not in the network of the financial \n institution, including a fee to cover the costs \n of any charge to the financial institution by \n the owner of the electronic terminal relating \n to the use of the electronic terminal by the \n consumer;\n ``(H) a fee for a purchase or a withdrawal in a \n foreign currency; and\n ``(I) an activation, initiation, or enrollment fee.\n ``(3) Disclosure of fee information.--\n ``(A) Disclosure required.--Each financial \n institution that offers a spending card account shall \n provide to a consumer--\n ``(i) together with any application, offer, \n or solicitation for a spending card account--\n ``(I) a table of any fees that may \n be charged in connection with the \n spending card account that--\n ``(aa) can be easily \n understood by the consumer;\n ``(bb) is conspicuously \n displayed to the consumer \n before purchase; and\n ``(cc) includes, at a \n minimum, the amount and a \n description of each fee that \n may be charged by the financial \n institution under paragraph \n (2); and\n ``(II) an estimate of the average \n total monthly cost to a typical \n consumer for using the spending card \n account;\n ``(ii) on the card or other means of \n access, a toll-free telephone number and \n website at which the consumer may access a \n clear and conspicuous disclosure of the fees \n that may be charged in connection with the \n spending card account; and\n ``(iii) a wallet-sized summary of any fees \n that may be charged in connection with the \n spending card account and a toll-free telephone \n number for customer service relating to the \n spending card account.\n ``(B) Regulations.--Not later than 9 months after \n the date of enactment of the Prepaid Card Consumer \n Protection Act of 2010, the Bureau shall establish, by \n regulation--\n ``(i) the headings, content, and format of \n the fee table, estimate, and wallet-sized fee \n summary required under subparagraph (A); and\n ``(ii) a profile of the typical consumer \n for purposes of subparagraph (A)(i)(II).''.\n (b) Technical and Conforming Amendments.--\n (1) Written periodic statements.--Section 906(c) of the \n Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended, \n in the first sentence of the matter preceding paragraph (1), by \n striking ``A financial'' and inserting ``Except as provided in \n section 923(c), a financial''.\n (2) Error resolution.--Section 908(a) of the Electronic \n Fund Transfer Act (15 U.S.C. 1693f(a)) is amended by striking \n ``or notification pursuant to section 906(b)'' and inserting \n ``, notification pursuant to section 906(b), or written or \n electronic documentation pursuant to section 923(c)''.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect on \nthe date that is 6 months after the date of enactment of this Act.","summary":"Prepaid Card Consumer Protection Act of 2010 - Amends the Electronic Fund Transfer Act to extend its coverage to spending card accounts established by a consumer : (1) to which recurring electronic fund transfers may be made, at the consumer's direction, and (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device. Treats as a spending card account any similar asset account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending card account: (1) any nonreloadable general-use prepaid card in an amount under $250. And (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other healthcare benefit account, a gift certificate, a store gift card, an electronic promise, plastic card, or payment code, or device, a nonreloadable card labeled as a gift card and marketed solely as such, or a nonreloadable loyalty, rebate, or promotional card. Requires a financial institution to offer electronic fund transfer services in connection with a spending card account only if the account is insured under the Federal Deposit Insurance Act and complies with its pass-through deposit insurance requirements. Requires any person that accepts funds in connection with an electronic fund transfer to a spending card account to: (1) transfer them, within 24 hours after accepting them, to an account at an insured depository institution. Or (2) credit the spending card account an amount equal to the amount of such funds. Waives the requirement for providing a consumer with a periodic statement if a financial institution, among other things, provides the consumer with access to the account balance through a readily available telephone line and the Internet and at an electronic terminal or other device that allows the consumer to make a balance inquiry. Prohibits the charging of fees for services required to meet these requirements, other than $1 for an optional periodic statement. Specifies other fees which may and may not be charged in connection with a spending account card.","title":"A bill to amend the Electronic Fund Transfer Act to provide protection for consumers who have prepaid cards, and for other purposes.","text_len":19911,"sum_len":2369} {"bill_id":"109_s1718","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane Katrina Employment and \nTraining Assistance Act''.\n\nSEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO \n HURRICANE KATRINA.\n\n (a) Use of Grants for Projects Outside Disaster Area.--Funds \nprovided to States that submit applications for assistance described in \nsection 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. \n2918(a)(2)) to address the effects of Hurricane Katrina may be used to \nprovide disaster relief employment and other assistance under section \n173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide \nassistance in areas outside of the disaster area (as such term is \ndefined in section 173(a)(2) of such Act).\n (b) Expanded Eligibility for Disaster Relief Employment.--Funds \nprovided to States that submit applications for assistance described in \nsection 173(a)(2) of the Workforce Investment Act of 1998 to address \nthe effects of Hurricane Katrina may be used to provide disaster relief \nemployment and other assistance under section 173(d)(1) of such Act, or \npublic sector employment authorized under subsection (c) of this Act, \nto individuals who were unemployed at the time of the emergency or \nmajor disaster involved and to individuals who are without employment \nhistory, in addition to individuals described in section 173(d)(2) of \nthe Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)).\n (c) Authorization for General Public Sector Employment.--Funds \nprovided to States that submit applications for assistance described in \nsection 173(a)(2) of the Workforce Investment Act of 1998 to address \nthe effects of Hurricane Katrina may be used to provide to eligible \nindividuals temporary employment by public sector entities for a period \nnot to exceed 6 months in addition to disaster relief employment \ndescribed in section 173(d)(1) of such Act.\n (d) Extension of the Duration of Disaster Relief Employment.--The \nSecretary of Labor may extend the 6-month maximum duration of \nemployment under this Act and under section 173(d) of the Workforce \nInvestment Act of 1998 (29 U.S.C. 2918(d)) for not more than an \nadditional 6 months due to extraordinary circumstances.\n (e) Priority for Disaster Relief Employment Funds.--In awarding \nnational emergency grants to States under section 173(a)(2) of the \nWorkforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the \neffects of Hurricane Katrina by providing disaster relief employment, \nthe Secretary of Labor shall--\n (1) first, give priority to States in which areas that have \n suffered major disasters (as defined in section 102 of the \n Robert T. Stafford Disaster Relief and Emergency Assistance Act \n (42 U.S.C. 5122)) are located; and\n (2) second, give priority to the remaining States that have \n been most heavily impacted by the demand for services by \n workers affected by Hurricane Katrina.\n (f) Documentation.--In providing disaster relief employment under \nsection 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. \n2918(a)(2)), an entity shall not deny such employment to a worker \naffected by Hurricane Katrina because of the worker's inability, due to \nthe effects of Hurricane Katrina, to provide at the time of application \nappropriate documentation of eligibility under section 173(d)(2) of \nsuch Act (29 U.S.C. 2918(d)(2)).\n (g) Eligibility for Needs-Related Payments.--Funds provided to \nStates that submit applications for asisstance described in section \n173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. \n2918(a)(2)) to address the effects of Hurricane Katrina may be used to \nprovide needs-related payments (described in section 134(e)(3) of such \nAct (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) \nwho do not qualify for (or have ceased to qualify for) unemployment \ncompensation, and who are not employed on a project described under \nsection 173(d) of such Act, for the purpose of enabling such \nindividuals to participate in activities described in paragraphs (2), \n(3), or (4) of section 134(d) of such Act.\n (h) Use of Available Funds.--With the approval of the Secretary of \nLabor, any State may use funds that remain available for expenditure \nunder any grants awarded to the State under section 173 of the \nWorkforce Investment Act of 1998 (29 U.S.C. 2918) or under this \nsection, to provide any assistance authorized under such section 173 or \nthis section, or personal protective equipment not otherwise available \nthrough public funds or private contributions, to assist workers \naffected by Hurricane Katrina, including workers who have relocated \nfrom areas for which an emergency or major disaster (as defined in \nsection 102 of the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act (42 U.S.C. 5122)) was declared, due to the effects of \nHurricane Katrina.\n (i) Expanded Eligibility for Employment and Training Activities.--\n (1) In general.--In awarding national emergency grants \n under section 173(a)(1) of the Workforce Investment Act of 1998 \n (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to \n an entity to provide employment and training assistance \n available under section 173(a)(1) of such Act to workers \n affected by Hurricane Katrina, including workers who have \n relocated from areas for which an emergency or major disaster \n (as defined in section 102 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act (42 U.S.C. 5122)) was \n declared, due to the effects of Hurricane Katrina.\n (2) Eligible entity.--In this subsection, the term \n ``entity'' means a State, a local board (as defined in section \n 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), \n or an entity described in section 166(c) of such Act (29 U.S.C. \n 2911(c)), that submits an application for assistance described \n in section 173(a)(1) of the Workforce Investment Act of 1998 to \n address the effects of Hurricane Katrina.\n\nSEC. 3. SENSE OF CONGRESS.\n\n (a) Mobile One-Stop Centers.--It is the sense of Congress that \nStates that operate mobile one-stop centers, established as part of \none-stop delivery systems authorized under subtitle B of title I of the \nWorkforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where \npossible, make such centers available for use in the areas affected by \nHurricane Katrina, and areas where large numbers of workers affected by \nHurricane Katrina have been relocated.\n (b) Expanded Operational Hours.--It is the sense of Congress that \none-stop operators (as such term is defined in section 101 of the \nWorkforce Investment Act of 1998 (29 U.S.C. 2801) should increase \naccess for workers affected by Hurricane Katrina to the one-stop \ndelivery systems authorized under subtitle B of title I of such Act, \nincluding through the implementation of expanded operational hours at \none-stop centers and on-site services for individuals in temporary \nhousing locations.\n ","summary":"Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas. And (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated. And (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.","title":"A bill to provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina.","text_len":7801,"sum_len":2356} {"bill_id":"112_hr1070","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Company Capital Formation Act \nof 2011''.\n\nSEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES.\n\n (a) In General.--Section 3(b) of the Securities Act of 1933 (15 \nU.S.C. 77c(b)) is amended--\n (1) by striking ``(b) The Commission'' and inserting the \n following:\n ``(b) Additional Exemptions.--\n ``(1) Small issues exemptive authority.--The Commission''; \n and\n (2) by adding at the end the following:\n ``(2) Additional issues.--The Commission shall by rule or \n regulation add a class of securities to the securities exempted \n pursuant to this section in accordance with the following terms \n and conditions:\n ``(A) The aggregate offering amount of all \n securities offered and sold within the prior 12-month \n period in reliance on the exemption added in accordance \n with this paragraph shall not exceed $50,000,000.\n ``(B) The securities may be offered and sold \n publicly.\n ``(C) The securities shall not be restricted \n securities within the meaning of the Federal securities \n laws and the regulations promulgated thereunder.\n ``(D) The civil liability provision in section \n 12(a)(2) shall apply to any person offering or selling \n such securities.\n ``(E) The issuer may solicit interest in the \n offering prior to filing any offering statement, on \n such terms and conditions as the Commission may \n prescribe in the public interest or for the protection \n of investors.\n ``(F) The Commission shall require the issuer to \n file audited financial statements with the Commission \n annually.\n ``(G) Such other terms, conditions, or requirements \n as the Commission may determine necessary in the public \n interest and for the protection of investors, which may \n include--\n ``(i) a requirement that the issuer prepare \n and electronically file with the Commission and \n distribute to prospective investors an offering \n statement, and any related documents, in such \n form and with such content as prescribed by the \n Commission, including audited financial \n statements, a description of the issuer's \n business operations, its financial condition, \n its corporate governance principles, its use of \n investor funds, and other appropriate matters; \n and\n ``(ii) disqualification provisions under \n which the exemption shall not be available to \n the issuer or its predecessors, affiliates, \n officers, directors, underwriters, or other \n related persons, which shall be substantially \n similar to the disqualification provisions \n contained in the regulations adopted in \n accordance with section 926 of the Dodd-Frank \n Wall Street Reform and Consumer Protection Act \n (15 U.S.C. 77d note).\n ``(3) Limitation.--Only the following types of securities \n may be exempted under a rule or regulation adopted pursuant to \n paragraph (2): equity securities, debt securities, and debt \n securities convertible or exchangeable to equity interests, \n including any guarantees of such securities.\n ``(4) Periodic disclosures.--Upon such terms and conditions \n as the Commission determines necessary in the public interest \n and for the protection of investors, the Commission by rule or \n regulation may require an issuer of a class of securities \n exempted under paragraph (2) to make available to investors and \n file with the Commission periodic disclosures regarding the \n issuer, its business operations, its financial condition, its \n corporate governance principles, its use of investor funds, and \n other appropriate matters, and also may provide for the \n suspension and termination of such a requirement with respect \n to that issuer.\n ``(5) Adjustment.--Not later than 2 years after the date of \n enactment of the Small Company Capital Formation Act of 2011 \n and every 2 years thereafter, the Commission shall review the \n offering amount limitation described in paragraph (2)(A) and \n shall increase such amount as the Commission determines \n appropriate. If the Commission determines not to increase such \n amount, it shall report to the Committee on Financial Services \n of the House of Representatives and the Committee on Banking, \n Housing, and Urban Affairs of the Senate on its reasons for not \n increasing the amount.''.\n (b) Treatment as Covered Securities for Purposes of NSMIA.--Section \n18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is \namended--\n (1) in subparagraph (C), by striking ``; or'' at the end \n and inserting a semicolon; and\n (2) by redesignating subparagraph (D) as subparagraph (E), \n and inserting after subparagraph (C) the following:\n ``(D) a rule or regulation adopted pursuant to \n section 3(b)(2) and such security is--\n ``(i) offered or sold on a national \n securities exchange; or\n ``(ii) offered or sold to a qualified \n purchaser, as defined by the Commission \n pursuant to paragraph (3) with respect to that \n purchase or sale.''.\n (c) Conforming Amendment.--Section 4(5) of the Securities Act of \n1933 is amended by striking ``section 3(b)'' and inserting ``section \n3(b)(1)''.\n\nSEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A \n OFFERINGS.\n\n The Comptroller General shall conduct a study on the impact of \nState laws regulating securities offerings, or ``Blue Sky laws'', on \nofferings made under Regulation A (17 CFR 230.251 et seq.). The \nComptroller General shall transmit a report on the findings of the \nstudy to the Committee on Financial Services of the House of \nRepresentatives, and the Committee on Banking, Housing, and Urban \nAffairs of the Senate not later than 3 months after the date of \nenactment of this Act.\n\n Passed the House of Representatives November 2, 2011.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.\n ","summary":"Small Company Capital Formation Act of 2011 - Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds. (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information. (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer. And (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate. And (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so. Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act. Directs the Comptroller General to study the impact of state laws regulating securities offerings on offerings made under Regulation A .","title":"To amend the Securities Act of 1933 to require the Securities and Exchange Commission to exempt a certain class of securities from such Act.","text_len":7813,"sum_len":2007} {"bill_id":"107_hr1807","text":"SECTION. 1. SHORT TITLE.\n\n This Act may be cited as the ``Immigrant Labor Policy Review Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The unemployment rate in the United States is at a \n record low.\n (2) Many industries in the United States, including \n agriculture, tourism, construction, nursing, information \n technology, and other portions of the service sector, are \n experiencing labor shortages.\n (3) The inability to secure sufficient workers is having a \n detrimental impact on the economy of the United States and the \n standard of living for all people in the United States.\n\nSEC. 3. ESTABLISHMENT.\n\n There is established a commission to be known as the High Level \nCommission on Immigrant Labor Policy (hereinafter in this Act referred \nto as the ``Commission'').\n\nSEC. 4. DUTIES.\n\n (a) In General.--The Commission shall study the interactions \nbetween Federal immigration policy and the labor markets for aliens in \nthe United States, including the following subjects:\n (1) The adequacy of the supply of labor in the United \n States and whether this supply needs to be further supplemented \n with alien workers.\n (2) The extent to which employers in the United States rely \n upon the employment of a temporary workforce.\n (3) The economic impact and desirability of maintaining \n statutory caps on nonimmigrant workers.\n (4) The extent to which employers in the United States rely \n upon the employment of a workforce that includes or consists of \n aliens who unlawfully enter or remain in the United States.\n (5) The extent of unemployment and underemployment of \n workers who are United States citizens or aliens lawfully \n admitted to the United States for permanent residence.\n (6) The effectiveness of United States labor policies in \n stopping the flow into the United States of illegal immigrants.\n (7) Any other subject necessary to permit the Commission to \n prepare the reports required under section 8.\n (b) Consultation.--In conducting the study, the Commission shall \nconsult with migrant labor groups, nonprofit organizations, labor \nunions, pertinent business and agriculture associations and \norganizations, State Governors, law enforcement associations and \norganizations, and relevant executive branch agencies and congressional \ncommittees.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall consist of 10 \nmembers, to be appointed as follows:\n (1) 4 to be appointed by the President.\n (2) 2 to be appointed by the Speaker of the House of \n Representatives.\n (3) 1 to be appointed by the minority leader of the House \n of Representatives.\n (4) 2 to be appointed by the President pro tempore of the \n Senate.\n (5) 1 to be appointed by the minority leader of the Senate.\n (b) Consultations.--In making appointments under subsection (a)(1), \nthe President shall consult with--\n (1) the Attorney General in appointing 1 member;\n (2) the Chairman of the Federal Reserve Board in appointing \n 1 member;\n (3) the Secretary of Commerce in appointing 1 member; and\n (4) the Secretary of Agriculture in appointing 1 member.\n (c) Terms.--Each member of the Commission shall be appointed for \nthe life of the Commission.\n (d) Vacancies.--A vacancy in the Commission shall be filled in the \nmanner in which the original appointment was made.\n (e) Chairperson.--The Chairman of the Federal Reserve Board (or the \nChairman of the Federal Reserve Board's designee) shall serve as the \nchairperson of the Commission until such time as the members of the \nCommission can elect a chairperson.\n (f) Basic Pay.--Each member shall serve without pay. Each member \nshall receive travel expenses, including per diem in lieu of \nsubsistence, in accordance with sections 5702 and 5703 of title 5, \nUnited States Code.\n (g) Quorum.--A majority of the members shall constitute a quorum \nfor the transaction of business.\n (h) Meetings.--The Commission shall meet at the call of the \nchairperson.\n\nSEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.\n\n (a) Director.--The Commission shall have a director who shall be \nappointed by the chairperson subject to rules prescribed by the \nCommission.\n (b) Staff.--Subject to rules prescribed by the Commission, the \nchairperson may appoint and fix the pay of such additional personnel as \nthe chairperson considers appropriate.\n (c) Applicability of Certain Civil Service Laws.--The director and \nstaff of the Commission may be appointed without regard to title 5, \nUnited States Code, governing appointments in the competitive service, \nand may be paid without regard to the requirements of chapter 51 and \nsubchapter III of chapter 53 of such title relating to classification \nand General Schedule pay rates, except that an individual so appointed \nmay not receive pay in excess of the maximum annual rate of basic pay \npayable for GS-15 of the General Schedule.\n (d) Experts and Consultants.--The chairperson may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code, at rates for individuals not to exceed the daily \nequivalent of the maximum annual rate of basic pay payable for GS-15 of \nthe General Schedule.\n (e) Staff of Federal Agencies.--Upon request of the chairperson, \nthe head of any Federal agency may detail, on a reimbursable basis, any \nof the personnel of the agency to the Commission to assist the \nCommission in carrying out its duties.\n\nSEC. 7. POWERS.\n\n (a) Obtaining Official Data.--The chairperson may secure directly \nfrom any Federal agency information necessary to enable the Commission \nto carry out its duties. Upon request of the chairperson, the head of \nthe agency shall furnish such information to the Commission to the \nextent such information is not prohibited from disclosure by law.\n (b) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other Federal agencies.\n (c) Administrative Support Services.--Upon the request of the \nchairperson, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its duties.\n (d) Contract Authority.--The chairperson may contract with and \ncompensate government and private agencies or persons for the purpose \nof conducting research, surveys, and other services necessary to enable \nthe Commission to carry out its duties.\n\nSEC. 8. REPORTS.\n\n (a) Interim Report.--Not later than 6 months after the date of the \nenactment of this Act, the Commission shall prepare and submit to the \nPresident and the Congress an interim report on the following:\n (1) The overall effectiveness of Federal immigration and \n labor laws and policies in--\n (A) protecting jobs held by citizens and nationals \n of the United States, aliens who are lawfully admitted \n to the United States for permanent residence, aliens \n who are admitted as refugees or are granted asylum, and \n other immigrants otherwise authorized to be employed in \n the United States;\n (B) preventing exploitation of alien immigrant and \n nonimmigrant workers;\n (C) reducing the number of illegal border crossings \n into the United States; and\n (D) reducing the numbers of aliens unlawfully \n employed in the United States.\n (2) The impact of statutory numerical limitations on the \n entry of immigrants and nonimmigrants into the United States on \n the achievement of the goals described in subparagraphs (A) \n through (D) of paragraph (1).\n (3) The impact of recent measures undertaken in border \n areas to deter illegal border crossings on the achievement of \n such goals.\n (4) The impact of Federal alien labor laws and policies on \n the overall economic performance within the United States and \n economic performance within the following sectors:\n (A) Agriculture.\n (B) Tourism and service.\n (C) Construction.\n (D) Nursing and health care.\n (E) Apparel.\n (F) Information technology.\n (b) Final Report.--Not later than 1 year after the date of the \nenactment of this Act, the Commission shall prepare and submit to the \nPresident and the Congress a final report that contains at least the \nfollowing:\n (1) Information that updates the findings reported in the \n interim report on each of the issues described in paragraphs \n (1) through (4) of subsection (a).\n (2) Recommendations for actions that the Commission \n considers necessary--\n (A) to curb illegal border crossings into the \n United States;\n (B) to curb unlawful employment of aliens in the \n United States;\n (C) to ensure adequate protection of the workers \n described in subsection (a)(1)(A); and\n (D) to ensure a stable and steady workforce for \n industry in the United States.\n (3) The viability of expanding the agricultural guest \n worker program established under section 101(a)(15)(H)(ii)(a) \n of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. \n 1188) to any or all of the following United States industries:\n (A) Tourism and service.\n (B) Construction.\n (C) Nursing and health care.\n (D) Apparel.\n (E) Information technology.\n (4) Recommendations for any additional actions that the \n Commission determines would improve Federal immigration or \n labor laws or policies.\n (5) Any other related information that the Commission \n considers to be appropriate.\n\nSEC. 9. TERMINATION.\n\n The Commission shall terminate 6 months after the date on which the \nCommission submits its final report under section 8(b).\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act, which sums shall remain available \nuntil expended.","summary":"Immigrant Labor Policy Review Act - Establishes the High Level Commission on Immigrant Labor Policy. Directs the Commission to study the interactions between Federal immigration policy and the labor markets for aliens in the United States. Terminates the Commission six months after submission of its final report.","title":"To establish the High Level Commission on Immigrant Labor Policy.","text_len":10857,"sum_len":314} {"bill_id":"109_s3908","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oil Independence, Limiting \nSubsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''.\n\nSEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits) is \namended by inserting after section 30C the following new section:\n\n``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.\n\n ``(a) Allowance of Credit.--There shall be allowed a credit against \nthe tax imposed by this chapter for the taxable year an amount equal to \nthe applicable amount for each new qualified fuel-efficient motor \nvehicle placed in service by the taxpayer during the taxable year.\n ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of \nthis section, the term `new qualified fuel-efficient motor vehicle' \nmeans a motor vehicle (as defined under section 30(c)(2))--\n ``(1) which is a passenger automobile or a light truck,\n ``(2) which--\n ``(A) in the case of a passenger automobile, \n achieves a fuel economy of not less than 34.5 miles per \n gallon, and\n ``(B) in the case of a light truck, achieves a fuel \n economy of not less than 27.5 miles per gallon,\n ``(3) the original use of which commences with the \n taxpayer,\n ``(4) which is acquired for use or lease by the taxpayer \n and not for resale, and\n ``(5) which is made by a manufacturer for model year 2007, \n 2008, 2009, 2010, or 2011.\n ``(c) Applicable Amount.--For purposes of this section, the \napplicable amount shall be determined as follows:\n\n\n \n------------------------------------------------------------------------\n In the case\n of a In the case\n passenger of a light\n``If the motor vehicle achieves a fuel economy automobile, truck, the\n of: the applicable\n applicable amount is:\n amount is:\n------------------------------------------------------------------------\n27.5 miles per gallon......................... $0 $630\n28.5.......................................... 0 710\n29.5.......................................... 0 780\n30.5.......................................... 0 850\n31.5.......................................... 0 920\n32.5.......................................... 0 980\n33.5.......................................... 0 1,040\n34.5.......................................... 630 1.090\n35.5.......................................... 700 1,140\n36.5.......................................... 760 1,190\n37.5.......................................... 820 1,240\n38.5.......................................... 880 1,280\n39.5.......................................... 940 1,320\n40.5.......................................... 990 1,360\n41.5.......................................... 1,040 1,400\n42.5.......................................... 1,090 1,430\n43.5.......................................... 1,140 1,470\n44.5.......................................... 1,180 1,500\n45.5.......................................... 1,220 1,530\n46.5.......................................... 1,260 1,560\n47.5.......................................... 1,300 1,590\n48.5.......................................... 1,340 1,620\n49.5.......................................... 1,370 1,640\n50.5.......................................... 1,410 1,670\n51.5.......................................... 1,440 1,690\n52.5.......................................... 1,470 1,720\n53.5.......................................... 1,500 1,740\n54.5.......................................... 1,530 1,760\n55.5.......................................... 1,560 1,780\n56.5.......................................... 1,590 1,800\n57.5.......................................... 1,610 1,820\n58.5.......................................... 1,640 1,840\n59.5 or more.................................. 1,660 1,860\n------------------------------------------------------------------------\n\n ``(d) Other Definitions and Special Rules.--For purposes of this \nsection--\n ``(1) Fuel economy.--The term `fuel economy' has the \n meaning given such term under section 32901(a)(10) of title 49, \n United States Code.\n ``(2) Model year.--The term `model year' has the meaning \n given such term under section 32901(a)(14) of such title.\n ``(3) Other terms.--The terms `passenger automobile', \n `light truck', and `manufacturer' have the meaning given such \n terms in regulations prescribed by the Administrator of the \n Environmental Protection Agency for purposes of the \n administration of title II of the Clean Air Act.\n ``(4) Reduction in basis.--For purposes of this subtitle, \n the basis of any property for which a credit is allowable under \n subsection (a) shall be reduced by the amount of such credit so \n allowed.\n ``(5) No double benefit.--\n ``(A) Coordination with other vehicle credits.--No \n credit shall be allowed under subsection (a) with \n respect to any new qualified fuel-efficient motor \n vehicle for any taxable year if a credit is allowed \n with respect to such motor vehicle for such taxable \n year under section 30 or 30B.\n ``(B) Other tax benefits.--The amount of any \n deduction or credit (other than the credit allowable \n under this section and any credit described in \n subparagraph (A)) allowable under this chapter with \n respect to any new qualified fuel-efficient motor \n vehicle shall be reduced by the amount of credit \n allowed under subsection (a) for such motor vehicle for \n such taxable year.\n ``(6) Property used outside the united states, etc., not \n qualified.--No credit shall be allowable under subsection (a) \n with respect to any property referred to in section 50(b)(1) or \n with respect to the portion of the cost of any property taken \n into account under section 179.\n ``(7) Election not to take credit.--No credit shall be \n allowed under subsection (a) for any vehicle if the taxpayer \n elects not to have this section apply to such vehicle.\n ``(8) Interaction with air quality and motor vehicle safety \n standards.--Unless otherwise provided in this section, a motor \n vehicle shall not be considered eligible for a credit under \n this section unless such vehicle is in compliance with--\n ``(A) the applicable provisions of the Clean Air \n Act for the applicable make and model year of the \n vehicle (or applicable air quality provisions of State \n law in the case of a State which has adopted such \n provision under a waiver under section 209(b) of the \n Clean Air Act), and\n ``(B) the motor vehicle safety provisions of \n sections 30101 through 30169 of title 49, United States \n Code.\n ``(e) Credit May Be Transferred.--\n ``(1) In general.--A taxpayer may, in connection with the \n purchase of a new qualified fuel-efficient motor vehicle, \n transfer any credit allowable under subsection (a) to any \n person who is in the trade or business of selling new qualified \n fuel-efficient motor vehicles, but only if such person clearly \n discloses to such taxpayer, through the use of a window sticker \n attached to the new qualified fuel-efficient vehicle--\n ``(A) the amount of any credit allowable under \n subsection (a) with respect to such vehicle, and\n ``(B) a notification that the taxpayer will not be \n eligible for any credit under section 30 or 30B with \n respect to such vehicle unless the taxpayer elects not \n to have this section apply with respect to such \n vehicle.\n ``(2) Consent required for revocation.--Any transfer under \n paragraph (1) may be revoked only with the consent of the \n Secretary.\n ``(3) Regulations.--The Secretary may prescribe such \n regulations as necessary to ensure that any credit described in \n paragraph (1) is claimed once and not retransferred by a \n transferee.''.\n (b) Conforming Amendments.--\n (1) Section 1016(a) of the Internal Revenue Code of 1986 is \n amended by striking ``and'' at the end of paragraph (36), by \n striking the period at the end of paragraph (37) and inserting \n ``, and'', and by adding at the end the following new \n paragraph:\n ``(38) to the extent provided in section 30D(d)(4).''.\n (2) Section 6501(m) of such Code is amended by inserting \n ``30D(d)(7),'' after ``30C(e)(5),''.\n (3) The table of section for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 30C the following new item:\n\n``Sec. 30D. Fuel-efficient motor vehicle credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 3. AMORTIZATION OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS FOR \n MAJOR INTEGRATED OIL COMPANIES.\n\n (a) In General.--Subsection (i) of section 263 of the Internal \nRevenue Code of 1986 is amended--\n (1) by striking ``Incurred Outside the United States'' in \n the heading,\n (2) by inserting ``or owned or operated by a major \n integrated oil company (as defined in section 167(h)(5)(B))'' \n after ``United States'', and\n (3) by inserting ``located outside the United States'' \n after ``nonproductive well'' in the last sentence thereof.\n (b) Effective Date.--The amendments made by this section shall \napply to costs paid or incurred after the date of the enactment of this \nAct.","summary":"Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines new qualified fuel-efficient motor vehicle as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2007-2011. Denies major integrated oil companies the option to expense intangible drilling and development costs.","title":"A bill to amend the Internal Revenue Code of 1986 to provide a credit for fuel-efficient motor vehicles and to require major integrated oil companies to amortize intangible drilling and development costs.","text_len":11135,"sum_len":559} {"bill_id":"110_hr4158","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Urban Search and Rescue \nResponse System Act of 2007''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to clarify and codify the authority of \nthe Administrator of the Federal Emergency Management Agency to \nadminister the National Urban Search and Rescue Response System for \nFederal response to all hazards.\n\nSEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.\n\n (a) In General.--Title III of the Robert T. Stafford Disaster \nRelief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended \nby adding at the end the following:\n\n``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.\n\n ``(a) Definitions.--In this section, the following definitions \napply:\n ``(1) Administrator.--The term `Administrator' means the \n Administrator of the Federal Emergency Management Agency.\n ``(2) Agency.--The term `Agency' means the Federal \n Emergency Management Agency.\n ``(3) Hazard.--The term `hazard' has the meaning given that \n term by section 602.\n ``(4) Participating agency.--The term `participating \n agency' means a State or local government, nonprofit \n organization, or private organization that has executed an \n agreement with a sponsoring agency to participate in the \n System.\n ``(5) Sponsoring agency.--The term `sponsoring agency' \n means a State or local government that is the sponsor of a task \n force designated by the Administrator to participate in the \n System.\n ``(6) System.--The term `System' means the National Urban \n Search and Rescue Response System to be administered under this \n section.\n ``(7) System member.--The term `System member' means an \n individual who is not a regular full-time employee of the \n Federal Government, who serves on a task force or on a System \n management or other technical team.\n ``(8) Task force.--The term `task force' means an urban \n search and rescue team designated by the Administrator to \n participate in the System.\n ``(b) General Authority.--Subject to the requirements of this \nsection, the Administrator shall continue to administer the emergency \nresponse system known as the `National Urban Search and Rescue Response \nSystem'.\n ``(c) Functions.--In administering the System, the Administrator \nshall provide for a national network of standardized search and rescue \nresources to assist States and local governments in responding to \nhazards.\n ``(d) Task Forces.--\n ``(1) Designation.--The Administrator shall designate task \n forces to participate in the System. The Administrator shall \n determine the criteria for such participation.\n ``(2) Sponsoring agencies.--Each task force shall have a \n sponsoring agency. The Administrator shall enter into an \n agreement with the sponsoring agency of each task force with \n respect to the participation of the task force in the System.\n ``(3) Composition.--\n ``(A) Participating agencies.--A task force may \n include, at the discretion of the sponsoring agency of \n the task force, one or more participating agencies. The \n sponsoring agency of a task force shall enter into an \n agreement with each participating agency of the task \n force with respect to the participation of the \n participating agency on the task force.\n ``(B) Other individuals.--A task force may also \n include, at the discretion of the sponsoring agency of \n the task force, other individuals not otherwise \n associated with the sponsoring agency or a \n participating agency of the task force. The sponsoring \n agency of a task force may enter into a separate \n agreement with each such individual with respect to the \n participation of the individual on the task force.\n ``(e) Management and Technical Teams.--The Administrator shall \nmaintain such management teams and other technical teams as the \nAdministrator determines are necessary to administer the System.\n ``(f) Appointment of System Members Into Federal Service.--\n ``(1) In general.--The Administrator may appoint a System \n member into Federal service for a period of service to provide \n for the participation of the System member in exercises, \n preincident staging, major disaster and emergency response \n activities, and training events sponsored or sanctioned by the \n Administrator.\n ``(2) Nonapplicability of certain civil service laws.--The \n Administrator may make appointments under paragraph (1) without \n regard to the provisions of title 5, United States Code, \n governing appointments in the competitive service.\n ``(3) Relationship to other authorities.--The authority of \n the Administrator to make appointments under this subsection \n shall not affect any other authority of the Administrator under \n this Act.\n ``(4) Limitation.--A System member who is appointed into \n Federal service under paragraph (1) shall not be deemed an \n employee of the United States for purposes other than those \n specifically set forth in this section.\n ``(g) Compensation.--\n ``(1) Pay of system members.--Subject to such terms and \n conditions as the Administrator may impose by regulation, the \n Administrator shall make payments to the sponsoring agency of a \n task force--\n ``(A) to reimburse each employer of a System member \n on the task force for compensation paid by the employer \n to the System member for any period during which the \n System member is appointed into Federal service under \n subsection (f)(1); and\n ``(B) as appropriate, in lieu of providing \n reimbursement to an employer of a System member on the \n task force under subparagraph (A), to make payments \n directly to the System member for any period during \n which the System member is appointed into Federal \n service under subsection (f)(1).\n ``(2) Reimbursement for employees filling positions of \n system members.--\n ``(A) In general.--Subject to such terms and \n conditions as the Administrator may impose by \n regulation, the Administrator shall make payments to \n the sponsoring agency of a task force to reimburse each \n employer of a System member on the task force for \n compensation paid by the employer to an employee \n filling a position normally filled by the System member \n for any period during which the System member is \n appointed into Federal service under subsection (f)(1).\n ``(B) Limitation.--Costs incurred by an employer \n shall be eligible for reimbursement under subparagraph \n (A) only to the extent that the costs are in excess of \n the costs that would have been incurred by the employer \n had the System member not been appointed into Federal \n service under subsection (f)(1).\n ``(3) Method of payment.--A System member shall not be \n entitled to pay directly from the Agency for a period during \n which the System member is appointed into Federal service under \n subsection (f)(1).\n ``(h) Personal Injury, Illness, Disability, or Death.--\n ``(1) In general.--A System member who is appointed into \n Federal service under subsection (f)(1) and who suffers \n personal injury, illness, disability, or death as a result of a \n personal injury sustained while acting in the scope of such \n appointment shall, for the purposes of subchapter I of chapter \n 81 of title 5, United States Code, be treated as though the \n member were an employee (as defined by section 8101 of that \n title) who had sustained the injury in the performance of duty.\n ``(2) Election of benefits.--\n ``(A) In general.--If a System member (or, in the \n case of the death of the System member, the System \n member's dependent) is entitled--\n ``(i) under paragraph (1) to receive \n benefits under subchapter I of chapter 81 of \n title 5, United States Code, by reason of \n personal injury, illness, disability, or death, \n and\n ``(ii) to receive benefits from a State or \n local government by reason of the same personal \n injury, illness, disability, or death,\n the System member or dependent shall elect to receive \n either the benefits referred to in clause (i) or (ii).\n ``(B) Deadline.--A System member or dependent shall \n make an election of benefits under subparagraph (A) not \n later than one year after the date of the personal \n injury, illness, disability, or death that is the \n reason for the benefits or until such later date as the \n Secretary of Labor may allow for reasonable cause \n shown.\n ``(C) Effect of election.--An election of benefits \n made under this paragraph is irrevocable unless \n otherwise provided by law.\n ``(3) Reimbursement for state or local benefits.--Subject \n to such terms and conditions as the Administrator may impose by \n regulation, in the event that a System member or dependent \n elects benefits from a State or local government under \n paragraph (2)(A), the Administrator shall reimburse the State \n or local government for the value of those benefits.\n ``(i) Liability.--A System member appointed into Federal service \nunder subsection (f)(1), while acting within the scope of the \nappointment, is deemed an employee of the United States under section \n1346(b) of title 28, United States Code, and chapter 171 of that title, \nrelating to tort claims procedure.\n ``(j) Employment and Reemployment Rights.--With respect to a System \nmember who is not a regular full-time employee of a sponsoring agency \nor participating agency, the following terms and conditions apply:\n ``(1) Service as a System member shall be deemed `service \n in the uniformed services' for purposes of chapter 43 of title \n 38, United States Code, relating to employment and reemployment \n rights of individuals who have performed service in the \n uniformed services (regardless of whether the individual \n receives compensation for such participation). All rights and \n obligations of such persons and procedures for assistance, \n enforcement, and investigation shall be as provided for in such \n chapter.\n ``(2) Preclusion of giving notice of service by necessity \n of appointment under this section shall be deemed preclusion by \n `military necessity' for purposes of section 4312(b) of title \n 38, United States Code, pertaining to giving notice of absence \n from a position of employment. A determination of such \n necessity shall be made by the Administrator and shall not be \n subject to judicial review.\n ``(k) Licenses and Permits.--If a System member holds a valid \nlicense, certificate, or other permit issued by any State or other \ngovernmental jurisdiction evidencing the member's qualifications in any \nprofessional, mechanical, or other skill or type of assistance required \nby the System, the System member shall be deemed to be performing a \nFederal activity when rendering aid involving such skill or assistance \nduring a period of appointment into Federal service under subsection \n(f)(1).\n ``(l) Advisory Committee.--\n ``(1) In general.--The Administrator shall establish and \n maintain an advisory committee to provide expert \n recommendations to the Administrator in order to assist the \n Administrator in administering the System.\n ``(2) Composition.--The advisory committee shall be \n composed of members from geographically diverse areas, and \n shall include--\n ``(A) the chief officer or senior executive from at \n least 3 sponsoring agencies;\n ``(B) the senior emergency manager from at least 2 \n States that include sponsoring agencies; and\n ``(C) at least one representative recommended by \n the leaders of the task forces.\n ``(3) Inapplicability of termination requirement.--Section \n 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) \n shall not apply to the advisory committee under this \n subsection.\n ``(m) Preparedness Cooperative Agreements.--\n ``(1) In general.--Subject to the availability of \n appropriations for such purpose, the Administrator shall enter \n into an annual preparedness cooperative agreement with each \n sponsoring agency. Amounts made available to a sponsoring \n agency under such a preparedness cooperative agreement shall be \n for the following purposes:\n ``(A) Training and exercises with other Federal, \n State, and local government response entities.\n ``(B) Acquisition and maintenance of equipment, \n including interoperable communications and personal \n protective equipment.\n ``(C) Medical monitoring required for responder \n safety and health in anticipation of and following a \n major disaster, emergency, or other hazard, as \n determined by the Administrator.\n ``(2) Availability of appropriations.--Notwithstanding \n section 1552(b) of title 31, United States Code, amounts made \n available for cooperative agreements under this subsection that \n are not expended shall be deposited in an Agency account and \n shall remain available for such agreements without fiscal year \n limitation.\n ``(n) Response Cooperative Agreements.--The Administrator shall \nenter into a response cooperative agreement with each sponsoring \nagency, as appropriate, under which the Administrator agrees to \nreimburse the sponsoring agency for costs incurred by the sponsoring \nagency in responding to a major disaster, emergency, or other hazard as \ndetermined by the Administrator.\n ``(o) Obligations.--The Administrator may incur all necessary \nobligations consistent with this section in order to ensure the \neffectiveness of the System.\n ``(p) Authorization of Appropriations.--\n ``(1) In general.--There is authorized to be appropriated \n to carry out this section $52,000,000 for each of fiscal years \n 2009, 2010, and 2011. Such sums shall be in addition to amounts \n made available from the Disaster Relief Fund for response \n cooperative agreements entered into under subsection (n).\n ``(2) Administrative expenses.--The Administrator may use \n not to exceed 6 percent of the funds appropriated for a fiscal \n year pursuant to paragraph (1) for salaries, expenses, and \n other administrative costs incurred by the Administrator in \n carrying out this section.''.\n (b) Conforming Amendments.--\n (1) Applicability of title 5, united states code.--Section \n 8101(1) of title 5, United States Code, is amended--\n (A) in subparagraph (D) by striking ``and'' at the \n end;\n (B) in subparagraph (E) by inserting ``and'' after \n the semicolon; and\n (C) by adding at the end the following:\n ``(F) an individual who is a System member of the \n National Urban Search and Rescue Response System during \n a period of appointment into Federal service pursuant \n to section 327 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act.''.\n (2) Inclusion as part of uniformed services for purposes of \n userra.--Section 4303 of title 38, United States Code, is \n amended--\n (A) in paragraph (13) by inserting ``a period for \n which a System member of the National Urban Search and \n Rescue Response System is absent from a position of \n employment due to an appointment into Federal service \n under section 327 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act,'' before ``, and a \n period''; and\n (B) in paragraph (16) by inserting after ``Public \n Health Service,'' the following: ``, System members of \n the National Urban Search and Rescue Response System \n during a period of appointment into Federal service \n under section 327 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act,''.","summary":"National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System. (2) provide for a national network of standardized search and rescue resources. (3) designate task forces to participate in the System and determine criteria for participation. And (4) enter into an agreement with the required sponsoring agency of each task force regarding participation. Sets forth provisions regarding the composition of task forces and reimbursement. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty. Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits. Directs the Administrator to: (1) establish and maintain an advisory committee. And (2) enter into an annual preparedness cooperative agreement with each agency. And (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs.","title":"To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards.","text_len":17917,"sum_len":1539} {"bill_id":"108_s1206","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Beneficiary Access to Care Act of \n2003''.\n\nSEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE \n OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM.\n\n (a) Separate APCs for Most Drugs and Biologicals.--\n (1) In general.--Section 1833(t)(2) of the Social Security \n Act (42 U.S.C. 1395l(t)(2)) is amended--\n (A) by striking ``and'' at the end of subparagraph \n (F);\n (B) by striking the period at the end of \n subparagraph (G) and inserting ``; and''; and\n (C) by adding at the end the following:\n ``(H) the Secretary shall treat as a separate group \n of covered OPD services--\n ``(i) any drug or biological that was \n treated as such a group as of December 31, \n 2002; and\n ``(ii) any drug or biological that has \n ceased to be eligible for transitional, pass-\n through payments under paragraph (6) by reason \n of the limited period of payment specified in \n paragraph (6)(C)(i).''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply to items and services furnished on or after January \n 1, 2004.\n (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.--\n (1) Program payments.--Section 1833(t) of the Social \n Security Act (42 U.S.C. 1395l(t)) is amended--\n (A) in paragraph (3), by amending subparagraph (D) \n to read as follows:\n ``(D) Calculation of medicare opd fee schedule \n amounts.--\n ``(i) In general.--The Secretary shall \n compute a medicare OPD fee schedule amount for \n each covered OPD service (or group of such \n services) furnished in a year, in an amount \n that (except as provided in clause (ii)) is \n equal to the product of--\n ``(I) the conversion factor \n computed under subparagraph (C) for the \n year; and\n ``(II) the relative payment weight \n (determined under paragraph (2)(C) or \n paragraph (9)(A)) for the service or \n group.\n ``(ii) Special rules for 2004.--\n ``(I) In general.--Notwithstanding \n clause (i), the medicare OPD fee \n schedule amount for 2004 for a drug or \n biological that is treated as a \n separate group of covered OPD services \n and is--\n ``(aa) a single-source drug \n (as defined in section \n 1927(k)(7)(A)(iv));\n ``(bb) an innovator \n multiple source drug (as \n defined in section \n 1927(k)(7)(A)(ii)); or\n ``(cc) a biological product \n approved for marketing under \n section 351 of the Public \n Health Service Act (including \n any such product that is \n marketed by any cross-licensed \n producers or distributors),\n may not be less than 87.37 percent of \n the payment rate for the drug or \n biological under paragraph (6) as of \n December 31, 2002 (determined without \n regard to any reduction under \n subparagraph (E)(iii) of such \n paragraph).\n ``(II) No revision of relative \n payment weights.--The relative payment \n weights established under paragraph \n (9)(A) for 2004 for groups of covered \n OPD services other than those to which \n subclause (I) applies shall not be \n revised to take into account the \n application of such subclause (I).'';\n (B) in paragraph (4)--\n (i) in subparagraph (A), by striking \n ``Secretary, as computed under paragraphs \n (2)(D) and (2)(E)'' and inserting ``Secretary \n (as computed under paragraphs (2)(D) and \n (2)(E)), except that the medicare OPD fee \n schedule amount determined under paragraph \n (3)(D) for a drug or biological that is treated \n as a separate group of covered OPD services \n shall not be adjusted for relative differences \n in the cost of labor''; and\n (ii) in subparagraph (B), by striking \n ``adjusted''; and\n (C) in paragraph (9), by adding at the end the \n following:\n ``(D) Use of external data.--In determining the \n relative payment weight for any drug or biological that \n is treated as a separate group of covered OPD services \n for any year after 2003, the Secretary shall adjust the \n weight otherwise determined under this paragraph with \n respect to the drug or biological to the extent that \n reliable and valid data collected and submitted by \n entities and organizations other than the Department of \n Health and Human Services (including data submitted in \n public comments on the proposed rule promulgated with \n respect to the system established under this subsection \n for 2004) demonstrate that such payment weight is \n inadequate or inaccurate. In the case of any \n adjustments made pursuant to the preceding sentence for \n 2004, the Secretary shall not revise the relative \n payment weights for other groups of covered OPD \n services for such year to take into account such \n adjustments, and the medicare OPD fee schedule amount \n determined under paragraph (3)(D) using a relative \n weight resulting from such an adjustment shall be \n subject to the minimum amount described in clause \n(ii)(I) of such paragraph.''.\n (2) Copayments.--Section 1833(t)(8)(E) of the Social \n Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended--\n (A) in the heading, by striking ``outlier and pass-\n through'' and inserting ``certain''; and\n (B) by striking ``paragraphs (5) and (6)'' and \n inserting ``paragraphs (3)(D)(ii), (5), and (6)''.\n (3) Exceptions to budget neutrality requirement.--Section \n 1833(t)(9)(B) of the Social Security Act (42 U.S.C. \n 1395l(t)(9)(B)) is amended by adding at the end the following: \n ``In determining the budget neutrality adjustment required by \n the preceding sentence, the Secretary shall not take into \n account--\n ``(i) any expenditures that would not have \n been made but for the application of clause \n (ii) of paragraph (3)(D); or\n ``(ii) any expenditures made by reason of \n an adjustment required by subparagraph (D) for \n 2004.''.\n (c) Study of Pharmacy Services Used To Provide Cancer Drug \nTherapies in Hospital Outpatient Setting.--\n (1) In general.--The Comptroller General shall conduct a \n study of payments under part B of title XVIII of the Social \n Security Act for pharmacy service costs and related costs that \n are incurred in acquiring chemotherapy and supportive care \n drugs and providing these therapies to cancer patients in \n hospital outpatient departments. The study shall--\n (A) identify pharmacy costs, including the costs of \n storage, handling, processing, quality control, \n disposal, compliance with safety protocols and \n regulations, establishing dosage regimens that avoid \n drug interactions and contraindications, and pharmacy \n overhead;\n (B) include a review of the adequacy of the current \n payment methodology for pharmacy service costs and \n related costs (including the adequacy of the \n methodology used to estimate costs); and\n (C) identify any changes to that methodology that \n are necessary to ensure recognition of, and appropriate \n payment for, all of the services and functions inherent \n in the provision of cancer treatment in hospital \n outpatient settings.\n (2) Report to congress.--Not later than 12 months after the \n date of enactment of this Act, the Comptroller General shall \n submit to Congress a report on the results of the study under \n paragraph (1), including any recommendations for legislation \n that is necessary to implement the changes identified under \n paragraph (1)(C).","summary":"Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified. And (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes. Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting.","title":"A bill to amend title XVIII of the Social Security Act to provide for special treatment for certain drugs and biologicals under the prospective payment system for hospital outpatient department services under the medicare program.","text_len":10436,"sum_len":824} {"bill_id":"109_s2315","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Methamphetamine Awareness and \nPrevention Act of 2006''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Methamphetamine addiction is a growing epidemic in the \n United States.\n (2) Existing programs within the Federal Government do not \n specifically target methamphetamine use in an effective manner, \n considering the widespread use of the drug.\n (3) The existing drug policy of the Federal Government \n focuses on the impact of marijuana as a gateway drug rather \n than methamphetamine.\n (4) Methamphetamine use impacts a variety of Federal and \n State services, from child welfare to addiction, treatment, and \n housing costing taxpayers millions of dollars every year.\n (5) The Substance Abuse and Mental Health Services \n Administration found in 2004 that 1,400,000 persons ages 12 and \n older used methamphetamine in the past year.\n (6) Precursor chemicals for the production of \n methamphetamine vary widely and are easily accessible across \n the United States.\n (b) Purpose.--It is the purpose of this Act to prevent the spread \nof methamphetamine through the establishment of a competitive grant \nprogram to identify successful methamphetamine education and awareness \ncampaigns.\n\nSEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.\n\n Part A of title V of the Public Health Service Act (42 U.S.C. 290aa \net seq.) is amended by adding at the end the following:\n\n``SEC. 506C. METHAMPHETAMINE AWARENESS AND PREVENTION.\n\n ``(a) Office.--\n ``(1) In general.--There is established within the \n Substance Abuse and Mental Health Services Administration an \n office to be known as the Methamphetamine Awareness and \n Prevention Office. The Office shall be headed by a director to \n be appointed by the Secretary.\n ``(2) Duties.--In addition to other activities determined \n appropriate by the Secretary to reduce the use of \n methamphetamines, the director of the Office shall administer \n the grant program established under subsection (b).\n ``(b) Grant Program.--\n ``(1) In general.--The director of the Office shall \n establish a program to award competitive grants to eligible \n entities for the establishment and implementation of successful \n methamphetamine education and awareness campaigns to reduce the \n spread of methamphetamine use.\n ``(2) Eligibility.--To be eligible for a grant under this \n subsection an entity shall--\n ``(A) be a State or local government or a private \n nonprofit organization;\n ``(B) submit to the director of the Office an \n application in accordance with paragraph (3)(C); and\n ``(C) provide assurances that the entity will \n contribute non-Federal funds towards the costs of \n carrying out activities under the grant in an amount \n equal to 100 percent of the amount received under the \n grant.\n ``(3) Applications.--\n ``(A) Process.--Not later than 90 days after the \n date of enactment of this section, the director of the \n Office shall solicit applications for grants under this \n subsection. The director of the Office shall notify an \n applicant in writing of the reasons why an applicant \n has failed to be awarded such a grant.\n ``(B) Evaluation of applications.--In determining \n whether to award a grant to an applicant under this \n subsection, the director of the Office shall--\n ``(i) evaluate the scope of the education \n and awareness campaign to be conducted under \n the grant to ensure that the target audience is \n reached;\n ``(ii) consider the duration of the \n education and awareness campaign involved and \n the expected positive impact at the State or \n local level;\n ``(iii) consider the ability of the \n applicant to tailor the message to at-risk \n populations;\n ``(iv) require a reduced match of 50 \n percent with respect to applications from rural \n or underserved areas, such as Indian \n reservations, with little access to outside \n capital, and any other areas deemed eligible by \n the director of the Office; and\n ``(v) consider the benefit of the \n applicant's program based on the criteria \n described in clauses (i) through (iv).\n ``(C) Contents.--An application submitted under \n paragraph (2)(B) shall contain--\n ``(i) a description of the methamphetamine \n education and awareness campaign to be funded \n under the grant and how such campaign will \n significantly curb methamphetamine use, \n especially among those vulnerable to using \n methamphetamine for the first time;\n ``(ii) a description of the significance of \n the methamphetamine problem in the area \n targeted by the applicant's campaign, which may \n include the use of statistics provided through \n the annual research of the Administration as \n well as any statistics collected by the \n Department of Justice, the Office of National \n Drug Control Policy, or any other State or \n local law enforcement agency determined useful \n by the Office to accurately identify the scope \n of the methamphetamine problem;\n ``(iii) a description of the size and \n characteristics of the target audience \n (including a focus on pre-teen and teenage \n populations and populations that are \n historically vulnerable to first-time use) and \n the most effective means to reach such audience \n as determined through the conduct of a thorough \n review by the applicant prior to the submission \n of the application;\n ``(iv) a detailed budget or spending plan \n for use of grant funds;\n ``(v) evidence to demonstrate positive \n outcomes of the campaign; and\n ``(vi) any other information determined \n appropriate by the director of the Office.\n ``(4) Limitation.--An entity may receive not more than one \n grant in each fiscal year under this subsection. Each such \n grant shall not exceed $5,000,000.\n ``(5) Submission of impact reports.--Not later than 90 days \n after the exhaustion of each grant period, the grant recipient \n shall submit to the director of the Office a report on the \n impact of the education and awareness campaign carried out \n under the grant. Each such report shall include quantitative \n data to demonstrate, with respect to the campaign, the size of \n the audience reached, the impact of the campaign, and the \n reaction to the campaign from the State or local area involved. \n The director of the Office shall use such impact reports in any \n subsequent determinations with respect to grant awards.\n ``(c) Report to Congress.--Not later than 90 days after the end of \nthe first and each subsequent grant cycle under this section, the \ndirector of the Office shall submit to the appropriate committees of \nCongress a report that contains a summary of grant awards under \nsubsection (b) and the impact of such grants on communities throughout \nthe United States. Information contained in the report may be shared \namong all interested Federal and State entities for use to coordinate \neffective methamphetamine prevention activities.\n ``(d) Definitions.--In this section:\n ``(1) Education and awareness campaign.--The term \n `education and awareness campaign' means a coordinated effort \n to reduce methamphetamine use through the use of any media, \n print, radio, television, Internet-based or any other mode of \n communication to convey messages to an audience.\n ``(2) Grant cycle.--The term `grant cycle' means the length \n of time from the date on which a grant is awarded under this \n section until the date on which such grant is expended.\n ``(3) Office.--The term `Office' means the Methamphetamine \n Awareness and Prevention Office.\n ``(e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section, $25,250,000 for fiscal year \n2006. Of the amount appropriated for such fiscal year, $250,000 shall \nbe made available for the activities of the Office, and $25,000,000 \nshall be made available for grants under subsection (b).''.","summary":"Methamphetamine Awareness and Prevention Act of 2006 - Amends the Public Health Service Act to establish the Methamphetamine Awareness and Prevention Office within the Substance Abuse and Mental Health Services Administration. Requires the Director of the Office to establish a program to award competitive matching grants to states, local governments, and private nonprofit organizations for the establishment and implementation of methamphetamine education and awareness campaigns to reduce the spread of methamphetamine use. Limits a recipient to one grant each fiscal year. Requires recipients to report to the Director on the impact of the campaign carried out under the grant.","title":"A bill to amend the Public Health Service Act to establish a federally-supported education and awareness campaign for the prevention of methamphetamine use.","text_len":9877,"sum_len":682} {"bill_id":"111_hr101","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Recovery Through \nResponsible Homeownership Act of 2009''.\n\nSEC. 2. REFUNDABLE CREDIT FOR RESIDENCES PURCHASED DURING 2009 OR 2010.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 36 the following new section:\n\n``SEC. 36A. GENERAL HOMEBUYER CREDIT FOR RESIDENCES PURCHASED DURING \n 2009 OR 2010.\n\n ``(a) Allowance of Credit.--In the case of an individual who makes \nan eligible purchase during the taxable year, there shall be allowed as \na credit against the tax imposed by this subtitle for such taxable year \nan amount equal to so much of the purchase price as does not exceed the \napplicable amount.\n ``(b) Applicable Amount.--For purposes of subsection (a), the \napplicable amount is--\n ``(1) $10,000 in the case of an eligible purchase where the \n down payment is at least 15 percent of the purchase price,\n ``(2) $5,000 in the case of an eligible purchase where the \n down payment is at least 10 percent of the purchase price,\n ``(3) $2,000 in the case of an eligible purchase where the \n down payment is at least 5 percent of the purchase price, and\n ``(4) zero in any other case.\n ``(c) Definitions.--For purposes of this section--\n ``(1) Eligible purchase.--The term `eligible purchase' \n means the purchase of a residence for the taxpayer if--\n ``(A) such residence is located in the United \n States,\n ``(B) the construction of such residence began \n before 2009, and\n ``(C) such purchase is made by the taxpayer during \n 2009 or 2010.\n ``(2) Other definitions.--The terms `purchase' and \n `purchase price' have the respective meanings given such terms \n by section 26(c).\n ``(d) Exceptions.--No credit shall be allowed under subsection (a) \nto any taxpayer for any taxable year with respect to the purchase of a \nresidence if--\n ``(1) credit under section 36 (relating to first-time \n homebuyer credit) or 1400C (relating to first-time homebuyer in \n the District of Columbia) is allowed to the taxpayer (or the \n taxpayer's spouse) for such taxable year or any prior taxable \n year,\n ``(2) the residence is financed by the proceeds of a \n qualified mortgage issue the interest on which is exempt from \n tax under section 103,\n ``(3) the taxpayer is a nonresident alien, or\n ``(4) the taxpayer disposes of such residence (or such \n residence ceases to be a residence of the taxpayer (or, if \n married, the taxpayer's spouse)) before the close of such \n taxable year.\n ``(e) Other Rules To Apply.--\n ``(1) Related persons.--Rules similar to the rules of \n section 26(c)(5) shall apply for purposes of this section.\n ``(2) Married individuals filing separate returns, etc.--\n Rules similar to the rules of subparagraphs (B) and (C) of \n section 26(b)(1) shall apply for purposes of this section.\n ``(3) Reporting.--Rules similar to the rules of section \n 26(e) shall apply for purposes of this section.\n ``(f) Recapture of Credit.--Rules similar to the rules of section \n26(f) shall apply for purposes of this section, except that--\n ``(1) paragraph (1) thereof shall be applied by \n substituting `33\\1\/3\\ percent' for `6\\2\/3\\ percent', and\n ``(2) paragraph (7) thereof shall be applied by \n substituting `3 years' for `15 years'.''.\n (b) Conforming Amendments.--\n (1) Section 26(b)(2) of such Code is amended--\n (A) in subparagraph (W)--\n (i) by striking ``homebuyer credit'' and \n inserting ``first-time homebuyer credit'', and\n (ii) by striking ``and'',\n (B) by striking the period at the end of \n subparagraph (X) and inserting ``, and'', and\n (C) by inserting after subparagraph (X) the \n following new subparagraph:\n ``(Y) section 36A(f) (relating to recapture of \n general homebuyer credit)''.\n (2) Section 6211(b)(4)(A) of such Code is amended by \n inserting ``36A,'' after ``36,''.\n (3) Section 1324(b)(2) of title 31, United States Code, is \n amended by inserting ``36A,'' after ``36,''.\n (4) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 36 the following new item:\n\n``Sec. 36A. General homebuyer credit for residences purchased during \n 2009 or 2010.''.\n (c) Effective Date.--The amendments made by this section shall \napply to residences purchased after December 31, 2008, in taxable years \nending after such date.","summary":"Economic Recovery Through Responsible Homeownership Act of 2009 - Amends the Internal Revenue Code to allow an individual taxpayer a refundable tax credit for the purchase in 2009 or 2010 of a residence located in the United States if the construction of such residence began before 2009. Allows a credit of either $2,000, $5,000, or $10,000 for downpayments of 5, 10, or 15 of the residence's purchase price respectively.","title":"To amend the Internal Revenue Code of 1986 to allow all individuals, whether or not first-time homebuyers, a refundable income tax credit for the purchase of a residence during 2009 or 2010.","text_len":5193,"sum_len":422} {"bill_id":"106_hr243","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the `Older and Disabled Americans Criminal \nProtection Act of 1998'.\n\nSEC. 2. BACKGROUND CHECKS.\n\n (a) In General.--A shared housing referral service, as determined \nfor the purpose of this section by the Attorney General, may request \nthe Attorney General to conduct a search and exchange of records under \nsubsection (b) regarding any applicant for participation in a shared \nhousing arrangement as a service provider resident by--\n (1) submitting, to the Attorney General--\n (A) fingerprints regarding such applicant; and\n (B) a written statement authorizing the shared \n housing referral service to request the search and \n exchange of records regarding the applicant, which is \n signed by the applicant; and\n (2) making the submission of the information under \n paragraph (1) not more than 7 days (not including Saturdays, \n Sundays, and legal public holidays under section 6103 of title \n 5, United States Code) after completing acquiring the \n information.\n (b) Search and Exchange of Records.--Pursuant to any submission \nthat complies with subsection (a), the Attorney General shall search \nthe records of the Criminal Justice Information Services Division of \nthe Federal Bureau of Investigation for any criminal history records \ncorresponding to the fingerprints or other positive identification \nsubmitted. The Attorney General shall provide any corresponding \ninformation identified by the search to the appropriate State or local \ngovernmental agency authorized to receive such information.\n (c) Use of Information.--Information regarding any applicant for \nparticipation in a shared housing arrangement obtained pursuant to \nsubsection (b) may be used only by the shared housing referral service \nrequesting the information and only for determining the suitability of \nthe applicant for participation in a shared housing arrangement as a \nservice provider resident.\n (d) Fees.--The Attorney General may charge a reasonable fee, which \nmay not exceed $50, to any shared housing referral service requesting a \nsearch and exchange of records pursuant to subsection (b) to cover the \ncosts of conducting the search and providing the records.\n (e) Report.--The Attorney General shall submit a report to the \nHouse of Representatives and the Senate not later than 2 years after \nthe date of enactment of this Act regarding the number of requests for \nsearches and exchanges of records made under this section by shared \nhousing referral services and the disposition of such requests.\n\nSEC. 3. CRIMINAL PENALTY.\n\n Whoever knowingly uses any information obtained pursuant to section \n2(b) in violation of section 2(c) shall be fined under title 18, United \nStates Code, or imprisoned for not more than 2 years, or both.\n\nSEC. 4. ORGANIZATIONAL LIABILITY.\n\n A shared housing referral agency that, in making a determination \nregarding any referral for participation in a shared housing \narrangement, reasonably relies upon information provided to the agency \nby the Attorney General pursuant to section 2 shall not be liable, in \nany action for damages based on the referral determination, for any \ndamages resulting from incompleteness or inaccuracy of the information.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act, the following definitions shall apply:\n (1) Shared housing arrangement.--The term `shared housing \n arrangement' means a primary residential arrangement that \n consists of at least 2 persons--\n (A) who reside in the same dwelling unit and share \n the use of all or part of the facilities of the \n dwelling unit;\n (B) who have no familial relationship;\n (C) one of whom is the owner or lessee of the \n dwelling unit, including any owner or lessee who is an \n elderly person or a person with disabilities, and\n (D) another of whom provides care or other services \n for the benefit of the person described in subparagraph \n (C) in exchange for free occupancy in the dwelling \n unit, a reduction in the cost otherwise charged for \n occupancy of the dwelling unit, or other remuneration.\n (2) Shared housing referral service.--The term `shared \n housing referral service' means any nonprofit organization, \n person, or other entity that, for consideration, performs \n services which involve the referral of individuals or families \n for participation in shared housing arrangements as service \n provider residents.\n (3) Service provider resident.--The term `service provider \n resident' means, with respect to a shared housing arrangement, \n the individual participating in the arrangement who is \n described in paragraph (1)(D).\n (4) Elderly person; person with disabilities.--The terms \n `elderly person' and `person with disabilities' have the \n meanings given such terms in section 3(b) of the United States \n Housing Act of 1937.\n\nSEC. 6. REGULATIONS.\n\n The Attorney General may prescribe any regulations necessary to \ncarry out this Act, including regulations regarding the security, \nconfidentiality, accuracy, use, and dissemination of information and \naudits and recordkeeping and the imposition of fees necessary for the \nrecovery of costs.","summary":"Older and Disabled Americans Criminal Protection Act of 1998 - Defines a shared housing arrangement as a residential arrangement under which one person provides care or other services for the owner or lessee of a dwelling unit in exchange for free occupancy or a reduced cost for occupancy of that unit or other remuneration. Authorizes: (1) a shared housing referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants. And (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.","title":"Older and Disabled Americans Criminal Protection Act of 1998","text_len":5616,"sum_len":811} {"bill_id":"111_hr5321","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Airport Security Act of 2010''.\n\nSEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS.\n\n (a) Program To Prohibit Possession.--Section 44903 of title 49, \nUnited States Code, is amended by adding at the end the following new \nsubsection:\n ``(m) Program To Prohibit Possession of Firearms at Airports.--\n ``(1) Establishment.--The Assistant Secretary of Homeland \n Security (Transportation Security Administration) shall \n establish and carry out a program to prohibit, except as \n provided in paragraph (3), any individual from possessing a \n firearm at a covered airport, including any individual who \n enters the airport, or who exits public transportation at the \n airport, for the following purposes:\n ``(A) Air travel.\n ``(B) Meeting another individual.\n ``(C) Picking up cargo.\n ``(D) Employment at the airport.\n ``(2) Requirements for airport operators.--In carrying out \n the program established under paragraph (1), the Assistant \n Secretary shall require each airport operator to--\n ``(A) conspicuously display notices summarizing the \n program--\n ``(i) at each entrance to the airport; and\n ``(ii) in such form, and containing such \n information, as the Assistant Secretary shall \n by regulation prescribe; and\n ``(B) require law enforcement personnel to--\n ``(i) monitor the airport to prevent \n violations of paragraph (1); and\n ``(ii) escort any individual described in \n paragraph (3)(B)(ii) who is discovered by such \n personnel to be in possession of a firearm \n referred to in paragraph (3)(B)(i), to ensure \n that such individual continues to be excepted \n from paragraph (1) by reason of paragraph \n (3)(B).\n ``(3) Exceptions.--The following individuals shall not be \n prohibited by paragraph (1) from possessing a firearm under \n such paragraph:\n ``(A) Individuals authorized to carry a firearm.--\n An individual who, by regulation, is authorized by the \n Administrator of the Federal Aviation Administration or \n the Assistant Secretary to carry a firearm at the \n covered airport.\n ``(B) Travelers.--An individual who possesses a \n firearm, if--\n ``(i) the firearm is unloaded, carried in a \n hard-sided container that is locked, and the \n key or combination to the lock is in the \n exclusive possession of the individual; and\n ``(ii) the individual--\n ``(I) is carrying a ticket in the \n name of the individual for a flight \n that is scheduled for departure from \n the covered airport within 24 hours or \n that has arrived at the airport within \n the preceding 24 hours; or\n ``(II) communicates the intention \n to obtain a ticket for departure \n referred to in subclause (I) at the \n covered airport and obtains and carries \n such ticket or does not obtain such \n ticket for a compelling reason.\n ``(C) Individuals shipping firearms.--An individual \n who possesses a firearm in a capacity relating to the \n shipment of the firearm in air commerce and who, by \n regulation, is authorized by the Administrator of the \n Federal Aviation Administration or the Assistant \n Secretary to possess the firearm at the covered airport \n in such capacity.\n ``(D) Law enforcement officers.--An on-duty law \n enforcement officer of a State or political subdivision \n of a State, or an officer or employee of the Federal \n Government, who is authorized to carry a firearm.\n ``(E) Certain individuals on public \n transportation.--An individual passing through an \n airport on public transportation.\n ``(F) Additional authorized individuals.--An \n individual who is otherwise authorized by the \n Administrator of the Federal Aviation Administration or \n the Assistant Secretary to possess a firearm at a \n covered airport.\n ``(4) Issuance of regulations.--Not later than one year \n after the date of enactment of this Act, the Assistant \n Secretary of Homeland Security (Transportation Security \n Administration) shall issue regulations to carry out this \n subsection.\n ``(5) Definitions.--In this subsection:\n ``(A) Airport.--The term `airport' means an airport \n and any appurtenant building or area that is related to \n the operation of the airport, including a building or \n area on the site of the airport designed to--\n ``(i) receive passengers or cargo before or \n after a flight; or\n ``(ii) facilitate arrival at or departure \n from the airport, including--\n ``(I) a road or section of road \n used primarily for arrival at or \n departure from the airport;\n ``(II) an airport parking area; and\n ``(III) a public transportation \n stop.\n ``(B) Airport operator.--The term `airport \n operator' means the operator of a covered airport.\n ``(C) Assistant secretary.--The term `Assistant \n Secretary' means the Assistant Secretary of Homeland \n Security (Transportation Security Administration).\n ``(D) Covered airport.--The term `covered airport' \n means an airport that in the preceding fiscal year \n received an amount allocated or apportioned under \n chapter 471.\n ``(E) Firearm.--The term `firearm' has the meaning \n given the term in section 921(a)(3) of title 18.\n ``(F) Public transportation.--The term `public \n transportation' means a conveyance that provides \n regular and continuing general or special \n transportation to the public.''.\n (b) Criminal Penalty for Possession.--\n (1) In general.--Chapter 44 of title 18, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 932. Possession of firearms at airports\n ``(a) In General.--Except as provided in subsection (b), an \nindividual who knowingly possesses a firearm at a covered airport shall \nbe fined under this title, imprisoned not more than 10 years, or both.\n ``(b) Exceptions.--Subsection (a) shall not apply to an individual \ndescribed in section 44903(m)(3) of title 49.\n ``(c) Definition of Covered Airport.--In this section, the term \n`covered airport' has the meaning given the term in section \n44903(m)(5)(D) of title 49.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall take effect on the date that is 30 days after the date on \n which the Assistant Secretary of Homeland Security \n (Transportation Security Administration) has issued regulations \n pursuant to section 44903(m)(4) of title 49, United States Code \n (as added by subsection (a)).\n (3) Conforming amendment.--The table of sections for \n chapter 44 of title 18, United States Code, is amended by \n adding at the end the following new item:\n\n``932. Possession of firearms at airports.''.","summary":"Airport Security Act of 2010 - Directs the Assistant Secretary of Homeland Security to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. Directs the Assistant Secretary to require airport operators to: (1) display conspicuous notices summarizing the program at each airport entrance. And (2) require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. Prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport.","title":"To prohibit certain individuals from possessing a firearm in an airport, and for other purposes.","text_len":8691,"sum_len":783} {"bill_id":"112_s1759","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``America's Cup Act of 2011''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) 34th america's cup.--The term ``34th America's Cup''--\n (A) means the sailing competitions, commencing in \n 2011, to be held in the United States in response to \n the challenge to the defending team from the United \n States, in accordance with the terms of the America's \n Cup governing Deed of Gift, dated October 24, 1887; and\n (B) if a United States yacht club successfully \n defends the America's Cup, includes additional sailing \n competitions conducted by America's Cup Race Management \n during the 1-year period beginning on the last date of \n such defense.\n (2) America's cup race management.--The term ``America's \n Cup Race Management'' means the entity established to provide \n for independent, professional, and neutral race management of \n the America's Cup sailing competitions.\n (3) Eligibility certification.--The term ``Eligibility \n Certification'' means a certification issued under section 4.\n (4) Eligible vessel.--The term ``eligible vessel'' means a \n competing vessel or supporting vessel of any registry that--\n (A) is recognized by America's Cup Race Management \n as an official competing vessel, or supporting vessel \n of, the 34th America's Cup, as evidenced in writing to \n the Administrator of the Maritime Administration of the \n Department of Transportation;\n (B) transports not more than 25 individuals, in \n addition to the crew;\n (C) is not a ferry (as defined under section \n 2101(10b)) of title 46, United States Code;\n (D) does not transport individuals in point-to-\n point service for hire; and\n (E) does not transport merchandise between ports in \n the United States.\n (5) Supporting vessel.--The term ``supporting vessel'' \n means a vessel that is operating in support of the 34th \n America's Cup by--\n (A) positioning a competing vessel on the race \n course;\n (B) transporting equipment and supplies utilized \n for the staging, operations, or broadcast of the \n competition; or\n (C) transporting individuals who--\n (i) have not purchased tickets or directly \n paid for their passage; and\n (ii) who are engaged in the staging, \n operations, or broadcast of the competition, \n race team personnel, members of the media, or \n event sponsors.\n\nSEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.\n\n Notwithstanding sections 55102, 55103, and 55111 of title 46, \nUnited States Code, an eligible vessel, operating only in preparation \nfor, or in connection with, the 34th America's Cup competition, may \nposition competing vessels and may transport individuals and equipment \nand supplies utilized for the staging, operations, or broadcast of the \ncompetition from and around the ports in the United States.\n\nSEC. 4. CERTIFICATION.\n\n (a) Requirement.--A vessel may not operate under section 3 unless \nthe vessel has received an Eligibility Certification.\n (b) Issuance.--The Administrator of the Maritime Administration of \nthe Department of Transportation is authorized to issue an Eligibility \nCertification with respect to any vessel that the Administrator \ndetermines, in his or her sole discretion, meets the requirements set \nforth in section 2(4).\n\nSEC. 5. ENFORCEMENT.\n\n Notwithstanding sections 55102, 55103, and 55111 of title 46, \nUnited States Code, an Eligibility Certification shall be conclusive \nevidence to the Secretary of the Department of Homeland Security of the \nqualification of the vessel for which it has been issued to participate \nin the 34th America's Cup as a competing vessel or a supporting vessel.\n\nSEC. 6. PENALTY.\n\n Any vessel participating in the 34th America's Cup as a competing \nvessel or supporting vessel that has not received an Eligibility \nCertification or is not in compliance with section 12112 of title 46, \nUnited States Code, shall be subject to the applicable penalties \nprovided in chapters 121 and 551 of title 46, United States Code.\n\nSEC. 7. VESSEL DOCUMENTATION EXEMPTION.\n\n (a) In General.--Notwithstanding sections 12112 and 12132 and \nchapter 551 of title 46, United States Code, the Secretary of the \ndepartment in which the Coast Guard is operating may issue a \ncertificate of documentation with a coastwise endorsement for each of \nthe following vessels:\n (1) LNG GEMINI (United States official number 595752).\n (2) LNG LEO (United States official number 595753).\n (3) LNG VIRGO (United States official number 595755).\n (b) Limitation on Operation.--Coastwise trade authorized under \nsubsection (a) shall be limited to carriage of natural gas, as that \nterm is defined in section 3(13) of the Deepwater Port Act of 1974 (33 \nU.S.C. 1502(13)).\n (c) Termination of Effectiveness of Endorsements.--The coastwise \nendorsement issued under subsection (a) for a vessel shall expire on \nthe date of the sale of the vessel by the owner of the vessel on the \ndate of enactment of this Act to a person who is not related by \nownership or control to such owner.\n\nSEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA.\n\n A vessel transported in Dry Dock #2 (State of Alaska registration \nAIDEA FDD-2) is not merchandise for purposes of section 55102 of title \n46, United States Code, if, during such transportation, Dry Dock #2 \nremains connected by a utility or other connecting line to pierside \nmoorage located in Ketchikan, Alaska.\n\n Passed the Senate November 3, 2011.\n\n Attest:\n\n Secretary.\n112th CONGRESS\n\n 1st Session\n\n S. 1759\n\n_______________________________________________________________________\n\n AN ACT\n\n To facilitate the hosting in the United States of the 34th America's \n Cup by authorizing certain eligible vessels to participate in \n activities related to the competition.","summary":"America's Cup Act of 2011 - Authorizes vessels operating in preparation for, or in connection with, the 34th America's Cup competition, that have been certified by the Administrator of the Maritime Administration to be eligible vessels, to position competing vessels and transport individuals, equipment, and supplies utilized for the staging, operations, or broadcast of the competition from and around US ports. Deems such an eligibility certification to be conclusive evidence to the Secretary of the Department of Homeland Security (DHS) of the qualification of a vessel to participate in the competition. Subjects any vessel participating in the 34th America's Cup as a competing or supporting vessel that has not received an eligibility certification or that is not in compliance with provisions regarding coastwise endorsement to specified penalties. Directs the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with a coastwise endorsement limited to the carriage of natural gas for the LNG GEMINI, the LNG LEO, and the LNG VIRGO. Terminates such endorsement if such a vessel's owner on the date of enactment of this Act sells it to a person who is not related by ownership or control. Declares that a vessel transported in Dry Dock 2 is not merchandise for purposes of requirements applicable to transporting merchandise between points in the United States to which the coastwise laws apply if, during such transportation, Dry Dock 2 remains connected by a utility or other connecting line to pier side moorage located in Ketchikan, Alaska.","title":"A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.","text_len":6649,"sum_len":1606} {"bill_id":"110_hr415","text":"SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS.\n\n Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following:\n ``(__) Taunton River, Massachusetts.--The main stem of the Taunton \nRiver from its headwaters at the confluence of the Town and Matfield \nRivers in the Town of Bridgewater downstream 40 miles to the confluence \nwith the Quequechan River at the Route 195 Bridge in the City of Fall \nRiver, to be administered by the Secretary of the Interior in \ncooperation with the Taunton River Stewardship Council as follows:\n ``(A) The 18-mile segment from the confluence of the Town \n and Matfield Rivers to Route 24 in the Town of Raynham, as a \n scenic river.\n ``(B) The 5-mile segment from Route 24 to 0.5 miles below \n Weir Bridge in the City of Taunton, as a recreational river.\n ``(C) The 8-mile segment from 0.5 miles below Weir Bridge \n to Muddy Cove in the Town of Dighton, as a scenic river.\n ``(D) The 9-mile segment from Muddy Cove to the confluence \n with the Quequechan River at the Route 195 Bridge in the City \n of Fall River, as a recreational river.''.\n\nSEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.\n\n (a) Taunton River Stewardship Plan.--\n (1) In general.--Each river segment added to section 3(a) \n of the Wild and Scenic Rivers Act by section 1 of this Act \n shall be managed in accordance with the Taunton River \n Stewardship Plan, dated July 2005 (including any amendment to \n the Taunton River Stewardship Plan that the Secretary of the \n Interior (referred to in this section as the ``Secretary'') \n determines to be consistent with this Act).\n (2) Effect.--The Taunton River Stewardship Plan described \n in paragraph (1) shall be considered to satisfy each \n requirement relating to the comprehensive management plan \n required under section 3(d) of the Wild and Scenic Rivers Act \n (16 U.S.C. 1274(d)).\n (b) Cooperative Agreements.--To provide for the long-term \nprotection, preservation, and enhancement of each river segment added \nto section 3(a) of the Wild and Scenic Rivers Act by section 1 of this \nAct, pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic \nRivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter \ninto cooperative agreements (which may include provisions for financial \nand other assistance) with--\n (1) the Commonwealth of Massachusetts (including political \n subdivisions of the Commonwealth of Massachusetts);\n (2) the Taunton River Stewardship Council; and\n (3) any appropriate nonprofit organization, as determined \n by the Secretary.\n (c) Relation to National Park System.--Notwithstanding section \n10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river \nsegment added to section 3(a) of the Wild and Scenic Rivers Act by \nsection 1 of this Act shall not be--\n (1) administered as a unit of the National Park System; or\n (2) subject to the laws (including regulations) that govern \n the administration of the National Park System.\n (d) Land Management.--\n (1) Zoning ordinances.--The zoning ordinances adopted by \n the Towns of Bridgewater, Halifax, Middleborough, Raynham, \n Berkley, Dighton, Freetown, and Somerset, and the Cities of \n Taunton and Fall River, Massachusetts (including any provision \n of the zoning ordinances relating to the conservation of \n floodplains, wetlands, and watercourses associated with any \n river segment added to section 3(a) of the Wild and Scenic \n Rivers Act by section 1 of this Act), shall be considered to \n satisfy each standard and requirement described in section 6(c) \n of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).\n (2) Villages.--For the purpose of section 6(c) of the Wild \n and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described \n in paragraph (1) shall be considered to be a village.\n (3) Acquisition of land.--\n (A) Limitation of authority of secretary.--With \n respect to each river segment added to section 3(a) of \n the Wild and Scenic Rivers Act by section 1 of this \n Act, the Secretary may only acquire parcels of land--\n (i) by donation; or\n (ii) with the consent of the owner of the \n parcel of land.\n (B) Prohibition relating to acquisition of land by \n condemnation.--In accordance with section 6(c) of the \n Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with \n respect to each river segment added to section 3(a) of \n the Wild and Scenic Rivers Act by section 1 of this \n Act, the Secretary may not acquire any parcel of land \n by condemnation.\n\nSEC. 3. ENERGY AND CONGRESSIONAL REVIEW.\n\n The Secretary of the Interior, in consultation with the Secretary \nof Energy and private industry, shall complete and submit to the \nCommittee on Natural Resources of the House of Representatives, the \nCommittee on Energy and Natural Resources of the Senate, and Senators \nand Representatives from the States affected by the designation, a \nreport using the best available data and regarding the energy resources \navailable on the lands and waters included in the segments of the \nTaunton River designated under section 2 of this Act. The report \nshall--\n (1) contain the best available description of the energy \n resources available on the land and report on the specific \n amount of energy withdrawn from possible development; and\n (2) identify cubic feet of natural gas, natural gas \n transmission and storage potential, megawatts of geothermal, \n wind and solar energy that could be commercially produced, \n annual available biomass for energy production, and any \n megawatts of hydropower resources available, including tidal, \n traditional dams, and in-stream flow turbines.\n\nSEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.\n\n Nothing in this Act shall be construed as affecting the authority, \njurisdiction, or responsibility of the Commonwealth of Massachusetts to \nmanage, control, or regulate fish and resident wildlife under State law \nor regulations, including the regulation of hunting, fishing, trapping, \nand recreational shooting. Nothing in this Act shall be construed as \nlimiting access for hunting, fishing, trapping, or recreational \nshooting.\n\nSEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES.\n\n Nothing in this Act shall impact the supply of domestically-\nproduced energy resources.\n\n Passed the House of Representatives July 16, 2008.\n\n Attest:\n\n LORRAINE C. MILLER,\n\n Clerk.\n\n By Robert F. Reeves,\n\n Deputy Clerk.\n ","summary":"Amends the Wild and Scenic Rivers Act to designate specified segments of the Taunton River in Massachusetts as a component of the National Wild and Scenic Rivers System. Requires the river segments to be managed in accordance with the Taunton River Stewardship Plan, dated July 2005, including any amendment to such Plan, that the Secretary of the Interior determines to be consistent with this Act. Authorizes the Secretary, in order to provide for the protection, preservation, and enhancement of each river segment, to enter into cooperative agreements, which may include provisions for financial and other assistance, with: (1) the Commonwealth of Massachusetts, (2) the Taunton River Stewardship Council. And (3) any appropriate nonprofit, as determined by the Secretary. Bars the river segments from being: (1) administered as a unit of the National Park System. Or (2) subject to the laws that govern the administration of such System. Considers the zoning ordinances adopted by specified towns and cities, including any provision of the zoning ordinances related to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by this Act, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area. Authorizes the Secretary, respecting each river segment, to only acquire parcels of land by donation or with the owner's consent. Prohibits the acquisition of any parcel by condemnation. Requires the Secretary, in consultation with the Secretary of Energy and private industry, to complete a report regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated by this Act. Prohibits anything in this Act from: (1) being construed as affecting the authority or responsibility of Massachusetts to manage or regulate fish and resident wildlife, including the authority to regulate hunting, fishing, trapping, and recreational shooting. (2) being construed as limiting access for hunting, fishing, trapping, or recreational shooting, or (3) impacting the supply of domestically-produced energy resources.","title":"To amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System.","text_len":7953,"sum_len":2267} {"bill_id":"106_s1588","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Census Participation \nEnhancement Act of 1999''.\n\nSEC. 2. DEFINITIONS.\n\n (a) 2000 Census.--The term ``2000 census'' means the 2000 decennial \ncensus of population.\n (b) Bureau.--The term ``Bureau'' means the Bureau of the Census.\n (c) Indian Tribe.--The term ``Indian tribe'' has the meaning given \nthat term in section 4(e) of the Indian Self-Determination and \nEducation Assistance Act (25 U.S.C. 450b(e)).\n (d) Indian Lands.--For purposes of this title, the term ``Indian \nlands'' shall include lands within the definition of ``Indian \ncountry'', as defined in 18 U.S.C. 1151; or ``Indian reservations'' as \ndefined in section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. \n1452(d), or section 4(10) of the Indian Child Welfare Act, 25 U.S.C. \n1903(10). For purposes of this definition, such section 3(d) of the \nIndian Financing Act of 1974 shall be applied by treating the term \n``former Indian reservations in Oklahoma'' as including only those \nlands which are within the jurisdictional area of an Oklahoma Indian \nTribe (as determined by the Secretary of the Interior) and are \nrecognized by such Secretary as eligible for trust land status under 25 \nCFR part 151 (as in effect on the date of enactment of this sentence).\n (e) Secretary.--The term ``Secretary'' means the Secretary of \nCommerce.\n (f) Tribal Organization.--The term ``tribal organization'' has the \nmeaning given that term by section 4 of the Indian Self-Determination \nand Education Assistance Act (25 U.S.C. 450b).\n\nSEC. 3. FINDINGS AND PURPOSES.\n\n The Congress finds that--\n (1) article I of the United States Constitution provides \n that an enumeration be taken of the United States population \n every 10 years to permit the apportionment of Representatives \n and for other purposes;\n (2) information collected through the decennial census is \n used to determine--\n (A) the boundaries of congressional districts \n within States;\n (B) the boundaries of the districts for the \n legislature of each State and the boundaries of other \n political subdivisions within the States; and\n (C) the allocation of billions of dollars of \n Federal and State funds;\n (3) the enumeration of Native Americans has not been \n accurate and has led to an undercounting of the Native American \n population living on Indian lands and in rural areas;\n (4) the United States has a legal obligation to conduct an \n enumeration of the census in all communities in the United \n States, including Native communities; and\n (5) Tribal governments and Native Americans have an \n obligation to answer the census and ensure they are represented \n in the census.\n\n TITLE I--GRANTS TO TRIBES AND ORGANIZATIONS\n\nSECTION 1. PROGRAM AUTHORIZATION.\n\n In order to improve Native American participation in the 2000 \ncensus, the Secretary may, in accordance with the provisions of this \nAct, provide for grants to be made to Indian tribes and tribal \norganizations, consistent with the purposes of this Act.\n\nSEC. 2. APPLICATIONS.\n\n (a) Applications Required.--Each entity referred to in section 2 \nthat wishes to receive a grant under this Act shall submit an \napplication at such time, in such form, and complete with such \ninformation as the Secretary shall by regulation require, except that \nany such application shall include at least--\n (1) a statement of the objectives for which the grant is \n sought; and\n (2) a description of the types of programs and activities \n for which the grant is sought.\n (b) Notice of Approval or Disapproval.--Each entity submitting an \napplication under subsection (a) shall, not later than 60 days after \nthe date of its submission, be notified in writing as to whether such \napplication is approved or disapproved.\n\nSEC. 3. MATCHING REQUIREMENT.\n\n (a) In General.--A grant may not be made to an entity under this \nAct unless such entity agrees, with respect to the costs to be incurred \nby such entity in carrying out the programs an activities for which the \ngrant is made, to make available non-Federal contributions in an amount \nequal to not less than 50 percent of the Federal funds provided under \nthe grant.\n (b) Non-Federal Contributions.--An entity receiving a grant under \nthis Act may meet the requirement under subsection (a) through--\n (1) the use of amounts from non-Federal sources; or\n (2) in-kind contributions, fairly evaluated, but only if \n and to the extent allowable under section 9.\n\nSEC. 4. ALLOCATION.\n\n The Secretary shall allocate the amounts appropriated to carry out \nthis Act equitably and in a manner that best achieves the purposes of \nthis Act.\n\nSEC. 5. USE OF GRANT FUNDS.\n\n A grant made under this Act may be used only for one or more of the \nfollowing:\n (1) To train volunteers to assist individuals residing on \n Indian lands to complete and return census questionnaires.\n (2) To educate Native American and the public about the \n importance of participating in the 2000 census.\n (3) To educate Native Americans and the public about the \n confidentiality that is accorded to information collected in \n the 2000 census.\n (4) To recruit candidates to apply for census office and \n field enumerator positions.\n (5) To sponsor community events to promote the 2000 census.\n (6) To produce community-tailored promotional materials.\n (7) To rent space to provide any of the training described \n in this section.\n\nSEC. 6. REGULATIONS.\n\n Any regulations to carry out this Act shall be prescribed not later \nthan 60 days after the date of enactment of this Act. The regulations \nshall include--\n (1) provisions requiring that any application for a grant \n under this Act be submitted to the appropriate regional center \n or area office of the Bureau of the Census, as identified under \n the regulations; and\n (2) provisions under which the decision to approve or \n disapprove any such application shall be made by the head of \n the appropriate center or office in accordance with guidelines \n set forth in the regulations.\n\n TITLE II--RECRUITMENT OF TEMPORARY EMPLOYEES\n\nSECTION 1. RECRUITING TEMPORARY EMPLOYEES.\n\n (a) Compensation Shall Not Be Taken Into Account.--Section 23 of \ntitle 13, United States Code, is amended by adding at the end the \nfollowing:\n ``(d)(1) As used in this subsection, the term `temporary census \nposition' shall mean a temporary position within the Bureau, \nestablished for purposes related to the 2000 census, as determined \nunder regulations which the Secretary shall prescribe.\n ``(2) Notwithstanding any other provision of law, the earning or \nreceipt by an individual of compensation for service performed by such \nindividual in a temporary census position shall not have the effect of \ncausing--\n ``(A) such individual or any other individual to become \n eligible for any benefits described in paragraph (3)(A); or\n ``(B) a reduction in the amount of any benefits described \n in paragraph (3)(A) for which such individual or any other \n individual would otherwise be eligible.\n ``(3) This subsection--\n ``(A) shall apply with respect to benefits provided under \n any Federal program or under any State, tribal or local program \n financed in whole or in part with Federal funds;\n ``(B) shall apply only with respect to compensation for \n service performed during calendar year 2000; and\n ``(C) shall not apply if the individual performing the \n service involved was first appointed to a temporary census \n position (whether such individual's then current position or a \n previous one) before January 1, 2000.''.\n (2) Nothing in the amendment made by paragraph (1) shall be \nconsidered to apply with respect to Public Law 101-86 or the Internal \nRevenue Code of 1986.\n (b) Reemployed Annuitants and Former Members of the Uniformed \nServices.--Public Law 101-86 (13 U.S.C. 23) is amended--\n (1) in section 1(b) and the long title by striking ``the \n 1990 decennial census'' and inserting ``the 2000 decennial \n census''; and\n (2) in section 4 by striking ``December 31, 1990'' and \n inserting December 31, 2000''.\n\nSECTION 2. CENSUS ASSISTANTS.\n\n (a) In General.--Subject to available appropriations, and after \nconsulting with Indian tribes, the Secretary may provide such \nreasonable and appropriate incentives to facilitate and encourage \nvolunteers to assist in the enumeration of Native Americans.\n (b) Reimbursements.--In his discretion, the Secretary may reimburse \nvolunteers for fuel and mileage expenses; meals and related expenses; \nand other reasonable and necessary expenses incurred by assistants in \nthe conduct of the Census.\n (c) Debt Relief.--In consultation with the Secretary of the \nTreasury, the Secretary shall develop and implement a program of \nundergraduate or graduate debt relief for those Census assistants that \nhave provided significant service in the conduct of the enumeration of \nthe Census.","summary":"Requires: (1) grant applications to include at least a statement of objectives, and a description of the programs and activities, for which the grant is sought. And (2) grant applicants to agree to make available non-Federal contributions in an amount equal to 50 percent of the Federal funds provided under the grant. Directs the Secretary to allocate the amounts appropriated to carry out this Act equitably and in a manner that best achieves the purposes of this Act. Allows a grant to be used only to: (1) train volunteers to assist individuals residing on Indian lands to complete and return census questionnaires. (2) educate Native Americans and the public about the importance of participating in the 2000 census and the confidentiality that is accorded to information collected. (3) recruit candidates to apply for census office and field enumerator positions, (4) sponsor community events to promote the 2000 census, (5) produce community-tailored promotional materials. Or (6) rent space to provide any such training. Title II: Recruitment of Temporary Employees - Prohibits the earning or receipt of compensation for service performed by an individual in a temporary census position from having the effect of causing: (1) such individual or any other individual to become ineligible for any benefits provided under any Federal program or any State, tribal, or local program financed with Federal funds. Or (2) a reduction in the amount of any such benefits for which such individual or any other individual would otherwise be eligible. Makes such requirement applicable only with respect to compensation for service performed during calendar year 2000. Prohibits the application of such requirement if the individual performing the service involved was first appointed to such position before January 1, 2000. Modifies Federal law regarding exemptions from certain provisions relating to offsets from pay and other benefits for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census. And (2) inapplicable to any service performed after December 31, 2000. Allows the Secretary to provide such reasonable and appropriate incentives to facilitate and encourage volunteers to assist in the enumeration of Native Americans and reimburse them for reasonable and necessary expenses incurred by assistants in conducting the Census. Directs the Secretary to develop and implement a program of undergraduate or graduate debt relief for those Census assistants that have provided significant service.","title":"Native American Census Participation Enhancement Act of 1999","text_len":9592,"sum_len":2656} {"bill_id":"111_hr6166","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``American Eagle Palladium Bullion \nCoin Act of 2010''.\nSEC. 2. PALLADIUM COIN.\n Section 5112 of title 31, United States Code, is amended--\n (1) in subsection (a), by adding at the end the following new \n paragraph;\n ``(12) A $25 coin of an appropriate size and thickness, as \n determined by the Secretary, that weighs 1 troy ounce and contains \n .9995 fine palladium.''; and\n (2) by adding at the end the following new subsection:\n ``(v) Palladium Bullion Investment Coins.--\n ``(1) In general.--Subject to the submission to the Secretary \n and the Congress of a marketing study described in paragraph (8), \n beginning not more than 1 year after the submission of the study to \n the Secretary and the Congress, the Secretary shall mint and issue \n the palladium coins described in paragraph (12) of subsection (a) \n in such quantities as the Secretary may determine to be appropriate \n to meet demand.\n ``(2) Source of bullion.--\n ``(A) In general.--The Secretary shall acquire bullion for \n the palladium coins issued under this subsection by purchase of \n palladium mined from natural deposits in the United States, or \n in a territory or possession of the United States, within 1 \n year after the month in which the ore from which it is derived \n was mined. If no such palladium is available or if it is not \n economically feasible to obtain such palladium, the Secretary \n may obtain palladium for the palladium coins described in \n paragraph (12) of subsection (a) from other available sources.\n ``(B) Price of bullion.--The Secretary shall pay not more \n than the average world price for the palladium under \n subparagraph (A).\n ``(3) Sale of coins.--Each coin issued under this subsection \n shall be sold for an amount the Secretary determines to be \n appropriate, but not less than the sum of--\n ``(A) the market value of the bullion at the time of sale; \n and\n ``(B) the cost of designing and issuing the coins, \n including labor, materials, dies, use of machinery, overhead \n expenses, marketing, distribution, and shipping.\n ``(4) Treatment.--For purposes of section 5134 and 5136, all \n coins minted under this subsection shall be considered to be \n numismatic items.\n ``(5) Quality.--The Secretary may issue the coins described in \n paragraph (1) in both proof and uncirculated versions, except that, \n should the Secretary determine that it is appropriate to issue \n proof or uncirculated versions of such coin, the Secretary shall, \n to the greatest extent possible, ensure that the surface treatment \n of each year's proof or uncirculated version differs in some \n material way from that of the preceding year.\n ``(6) Design.--Coins minted and issued under this subsection \n shall bear designs on the obverse and reverse that are close \n likenesses of the work of famed American coin designer and medallic \n artist Adolph Alexander Weinman--\n ``(A) the obverse shall bear a high-relief likeness of the \n `Winged Liberty' design used on the obverse of the so-called \n `Mercury dime';\n ``(B) the reverse shall bear a high-relief version of the \n reverse design of the 1907 American Institute of Architects \n medal; and\n ``(C) the coin shall bear such other inscriptions, \n including `Liberty', `In God We Trust', `United States of \n America', the denomination and weight of the coin and the \n fineness of the metal, as the Secretary determines to be \n appropriate and in keeping with the original design.\n ``(7) Mint facility.--Any United States mint, other than the \n United States Mint at West Point, New York, may be used to strike \n coins minted under this subsection other than any proof version of \n any such coin. If the Secretary determines that it is appropriate \n to issue any proof version of such coin, coins of such version \n shall be struck only at the United States Mint at West Point, New \n York.\n ``(8) Marketing study defined.--The market study described in \n paragraph (1) means an analysis of the market for palladium bullion \n investments conducted by a reputable, independent third party that \n demonstrates that there would be adequate demand for palladium \n bullion coins produced by the United States Mint to ensure that \n such coins could be minted and issued at no net cost to \n taxpayers.''.\nSEC. 3. BUDGETARY EFFECT.\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"American Eagle Palladium Bullion Coin Act of 2010 - Authorizes the Secretary of the Treasury to mint and issue a $25 palladium bullion investment coin bearing designs that are close likenesses of the work of American coin designer and medallic artist Adolph Alexander Weinman. Requires the obverse to bear a high-relief likeness of the Winged Liberty design used on the obverse of the Mercury dime, and the reverse a high-relief version of the reverse design of the 1907 American Institute of Architects medal. Requires the coin also to bear other inscriptions, including Liberty, In God We Trust, and United States of America. Allows any US Mint other than the one at West Point, New York, to strike the coins, unless the Secretary of the Treasury decides to issue a proof version, which shall be struck only at West Point. Conditions the minting and issuance of palladium bullion coins upon submission to the Secretary and Congress of a marketing study by a reputable, independent third party: (1) analyzing the market for palladium bullion investments. And (2) demonstrating that there would be adequate demand for such coins to ensure that they could be minted and issued at no net cost to taxpayers.","title":"To authorize the production of palladium bullion coins to provide affordable opportunities for investments in precious metals, and for other purposes.","text_len":5360,"sum_len":1204} {"bill_id":"103_hr4587","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Development Act of \n1994''.\n\nSEC. 2. GLOBAL ENVIRONMENT FACILITY.\n\n The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended \nby adding at the end the following:\n\n``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--The United States Governor of the Bank \n may contribute $400,000,000 on behalf of the United States to \n the Global Environment Facility.\n ``(2) Subject to appropriations.--The authority provided by \n paragraph (1) shall be effective only to such extent and in \n such amounts as are provided in advance in appropriations Acts.\n ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$400,000,000, without fiscal year limitation.''.\n\nSEC. 3. AFRICAN DEVELOPMENT FUND.\n\n (a) In General.--The African Development Fund Act (22 U.S.C. 290g-\n290g-15) is amended by adding at the end the following:\n\n``SEC. 217. SEVENTH REPLENISHMENT.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--The United States Governor of the Fund \n may contribute $315,000,000 to the seventh replenishment of the \n resources of the Fund.\n ``(2) Subject to appropriations.--The authority provided by \n paragraph (1) shall be effective only to such extent and in \n such amounts as are provided in advance in appropriations Acts.\n ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$315,000,000, without fiscal year limitation.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the later of--\n (1) October 1, 1994; or\n (2) the date the Secretary of the Treasury notifies the \n Congress that the negotiations of the seventh replenishment of \n the resources of the African Development Fund have been \n concluded successfully.\n\nSEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL \n OPERATIONS.\n\n The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is \namended by adding at the end the following:\n\n``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL \n OPERATIONS.\n\n ``(a) Authority To Vote for Increase in Authorized Capital Stock of \nBank and Increase in Resources of Fund for Special Operations.--The \nUnited States Governor of the Bank may vote for resolutions which--\n ``(1) were transmitted by the Board of Executive Directors \n to the Governors of the Bank by resolution of __________;\n ``(2) are pending before the Board of Governors of the \n Bank; and\n ``(3) provide for--\n ``(A) an increase in the authorized capital stock \n of the Bank and subscriptions to the Bank; and\n ``(B) an increase in the resources of the Fund for \n Special Operations and contributions to the Fund.\n ``(b) Subscription and Contribution Authority.--\n ``(1) In general.--On adoption of the resolutions described \n in subsection (a), the United States Governor of the Bank may, \n on behalf of the United States--\n ``(A) subscribe to 760,644 shares of the increase \n in the authorized capital stock of the Bank, 12,738 of \n which shall be shares of paid-in capital stock and \n 747,906 of which shall be shares of callable capital \n stock; and\n ``(B) contribute $82,304,000 to the Fund for \n Special Operations.\n ``(2) Subject to appropriations.--The authority provided by \n paragraph (1) shall be effective only to such extent and in \n such amounts as are provided in advance in appropriations Acts.\n ``(c) Limitations on Authorization of Appropriations.--\n ``(1) Subscription.--For the subscription authorized by \n subsection (b)(1)(A), there are authorized to be appropriated \n to the Secretary of the Treasury, without fiscal year \n limitation--\n ``(A) not more than $76,832,001 for shares of paid-\n in capital stock of the Bank; and\n ``(B) not more than $4,511,156,729 for shares of \n callable capital stock of the Bank.\n ``(2) Contribution.--For the contribution authorized by \n subsection (b)(1)(B), there are authorized to be appropriated \n to the Secretary of the Treasury not more than $82,304,000, \n without fiscal year limitation.\n ``(d) Authority To Vote for Certain Resolutions.--The United States \nGovernor of the Bank may vote for a proposed resolution of the Board of \nGovernors entitled `Amendments to the Agreement Establishing the Inter-\nAmerican Development Bank, the Regulations of the Board of Governors, \nthe General Rules Governing Admission of Nonregional Countries to \nMembership in the Bank, and the Regulations for the Election of \nExecutive Directors', which was submitted to the Board of Governors \npursuant to a resolution of the Board of Executive Directors approved \non __________.''.\n\nSEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL \n MONETARY FUND.\n\n The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended \nby section 2 of this Act, is amended by adding at the end the \nfollowing:\n\n``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED \n STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL \n MONETARY FUND.\n\n ``(a) Contribution Authority.--\n ``(1) In general.--Subject to paragraph (2), the United \n States Governor of the Fund may make contributions on behalf of \n the United States in fulfillment of the United States \n commitment to contribute to the Interest Subsidy Account of the \n Enhanced Structural Adjustment Facility of the Fund.\n ``(2) Subject to appropriations.--The authority provided by \n paragraph (1) shall be effective only to such extent and in \n such amounts as are provided in advance in appropriations Acts.\n ``(b) Limitation on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$25,000,000, without fiscal year limitation.''.\n\nSEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT \n IN THE ECONOMIES OF RECIPIENT COUNTRIES.\n\n Title XV of the International Financial Institutions Act (22 U.S.C. \n262o) is amended by adding at the end the following:\n\n``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY \n INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES.\n\n ``(a) Consideration of Commitment to Achieving Certain Goals.--The \nSecretary of the Treasury shall instruct the United States Executive \nDirectors of the international financial institutions (as defined in \nsection 1701(c)(2)) to promote growth in the international economy by \ntaking into account, when considering whether to support or oppose loan \nproposals at these institutions, the extent to which the recipient \ngovernment has demonstrated a commitment to achieving the following \ngoals:\n ``(1) To provide accurate and complete data on the annual \n expenditures and receipts of the armed forces.\n ``(2) To end excessive military involvement in the economy.\n ``(3) To make substantial reductions in excessive military \n spending and forces.\n ``(4) To end corruption involoving members of the armed \n forces.\nThe Secretary shall submit to the Committees on Banking, Finance and \nUrban Affairs and on Appropriations of the House of Representatives and \nthe Committees on Foreign Relations and on Appropriations of the Senate \na report on the steps taken to determine appropriate definitions of the \ngoals set forth in subsection (a).\n ``(b) Steps to Achieve Goals Required.--The Secretary of the \nTreasury shall instruct the United States Executive Directors of the \ninternational financial institutions (as so defined) to promote a \npolicy at each institution under which--\n ``(1) the staff will include in its supporting documents \n for each proposed loan a report on military expenditures and an \n assessment of the steps taken by the recipient government to \n achieve the goals set forth in subsection (a);\n ``(2) the governing body will not approve proposed loans \n where insufficient effort has been made to achieve such goals, \n except in cases where the proposed loans are specifically \n designed to meet the basic human needs of the poor; and\n ``(3) a report on military expenditures and an assessment \n of the steps taken by the recipient government to achieve the \n goals set forth in subsection (a) will be included in regular \n policy consultations with developing countries.\n ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance \nof the policy established by subsection (a), the Secretary of the \nTreasury, in consultation with the Secretary of State, shall, not later \nthan May 1, 1995, submit to the Committees on Banking, Finance and \nUrban Affairs and on Appropriations of the House of Representatives and \nthe Committees on Foreign Relations and on Appropriations of the Senate \na report on the performance of the Government of Indonesia in achieving \nor implementing a credible plan to achieve the goals set forth in \nsubsection (a).''.\n\nSEC. 7. RESPECT FOR INDIGENOUS PEOPLES.\n\n Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-5) is amended by redesignating section 1620 as section \n1621 and by inserting after section 1619 the following:\n\n``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES.\n\n ``The Secretary of the Treasury shall direct the United States \nExecutive Directors of the international financial institutions (as \ndefined in section 1701(c)(2)) and the United States representative to \nthe council of the Global Environment Facility administered by the \nInternational Bank for Reconstruction and Development to use the voice \nand vote of the United States to bring about the creation and full \nimplementation of policies designed to promote respect for and full \nprotection of the territorial rights, traditional economies, cultural \nintegrity, traditional knowledge, and human rights of indigenous \npeoples.''.\n\nSEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN.\n\n The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is \namended by adding at the end the following:\n\n``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE \n CARRIBEAN.\n\n ``The Secretary of the Treasury shall direct the United States \nExecutive Director of the Bank to use the voice and vote of the United \nStates to support an increased focus on the poorest countries in Latin \nAmerica and the Carribean, and on poorer areas of better off countries, \nand to support porgrams conducted by the Multilateral Investment Fund, \nparticularly in targeting low-income countries and populations, working \nwith nongovernmental organizations and training and assisting former \ncombatants from civil conflicts in Latin America.''.\n\nSEC. 9. GUARANTEE OF WORKER RIGHTS.\n\n Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by \nredesignating section 1621 as section 1622 and by inserting after \nsection 1620 the following:\n\n``SEC. 1621. GUARANTEE OF WORKER RIGHTS.\n\n ``The Secretary of the Treasury shall direct the United States \nExecutive Director at each international financial institution (as \ndefined in section 1701(c)(2) of this Act) to use the voice and vote of \nthe United States to urge the respective institution to adopt policies \nto encourage borrowing countries to guarantee internationally \nrecognized worker rights (within the meaning of section 502(a)(4) of \nthe Trade Act of 1974).''.","summary":"International Development Act of 1994 - Amends the Bretton Woods Agreements Act to authorize the US Governor of the World Bank to contribute a specified amount to the Global Environment Facility. Amends the African Development Fund Act to authorize the US Governor of the African Development Fund to contribute a specified amount to the seventh replenishment of the Fund. Amends the Inter-American Development Bank Act to authorize the US Governor of the Inter-American Development Bank, upon adoption of resolutions, to subscribe to an increase in the authorized capital stock of the Bank and contribute a specified amount to the Fund for Special Operations. Authorizes the US Governor of the International Monetary Fund (IMF) to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the US Executive Directors of certain international financial institutions to take into account, when considering whether to support or oppose loan proposals, the extent to which the recipient government has demonstrated a commitment to achieving the following: (1) providing accurate and complete data on the annual expenditures and receipts of the armed forces, (2) ending excessive military involvement in the economy, (3) making substantial reductions in excessive military spending and forces. And (4) ending corruption involving members of the armed forces. Requires the Secretary to report to specified congressional committees on the Government of Indonesia's performance in achieving such goals. Directs the Secretary to instruct the US Executive Directors to bring about policies to promote respect for, and rights of, indigenous peoples. Requires the Secretary to instruct the US Executive Director of the Inter-American Development Bank to support an increased focus on the poorest countries in Latin America and the Caribbean and to support programs of the Multilateral Investment Fund. Requires the Secretary to direct the US Executive Directors to urge their respective institutions to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights.","title":"International Development Act of 1994","text_len":12494,"sum_len":2267} {"bill_id":"114_hr3242","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Nicotine Poisoning Prevention \nAct of 2015''.\n\nSEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.\n\n (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal \nHazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of \nthe Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine \nprovided in a liquid nicotine container sold, offered for sale, \nmanufactured for sale, distributed in commerce, or imported into the \nUnited States shall be packaged in accordance with the standards \nprovided in section 1700.15 of title 16, Code of Federal Regulations, \nas determined through testing in accordance with the method described \nin section 1700.20 of title 16, Code of Federal Regulations, and any \nsubsequent changes to such sections adopted by the Commission.\n (b) Savings Clause.--\n (1) In general.--Nothing in this Act shall be construed to \n limit or otherwise affect the authority of the Secretary of \n Health and Human Services to regulate, issue guidance, or take \n action regarding the manufacture, marketing, sale, \n distribution, importation, or packaging, including child-\n resistant packaging, of nicotine, liquid nicotine, liquid \n nicotine containers, electronic cigarettes, electronic nicotine \n delivery systems or other similar products that contain or \n dispense liquid nicotine, or any other nicotine-related \n products, including--\n (A) authority under the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 301 et seq.) and the Family \n Smoking Prevention and Tobacco Control Act (Public Law \n 111-31) and the amendments made by such Act; and\n (B) authority for the rulemaking entitled ``Deeming \n Tobacco Products to Be Subject to the Federal Food, \n Drug, and Cosmetic Act, as Amended by the Family \n Smoking Prevention and Tobacco Control Act; regulations \n on the Sale and Distribution of Tobacco Products and \n the Required Warning Statements for Tobacco Products'' \n (April 2014) (FDA-2014-N-0189), the rulemaking entitled \n ``Nicotine Exposure Warnings and Child-Resistant \n Packaging for Liquid Nicotine, Nicotine-Containing E-\n Liquid(s), and Other Tobacco Products'' (June 2015) \n (FDA-2015-N-1514), and subsequent actions by the \n Secretary regarding packaging of liquid nicotine \n containers.\n (2) Consultation.--If the Secretary of Health and Human \n Services adopts, maintains, enforces, or imposes or continues \n in effect any packaging requirement for liquid nicotine \n containers, including a child-resistant packaging requirement, \n the Secretary shall consult with the Commission, taking into \n consideration the expertise of the Commission in implementing \n and enforcing this Act and the Poison Prevention Packaging Act \n of 1970 (15 U.S.C. 1471 et seq.).\n (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer \nProduct Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the \nFederal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the \nrequirement of subsection (a) shall be treated as a standard for the \nspecial packaging of a household substance established under section \n3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. \n1472(a)).\n (d) Definitions.--In this section:\n (1) Commission.--The term ``Commission'' means the Consumer \n Product Safety Commission.\n (2) Liquid nicotine container.--\n (A) In general.--Notwithstanding section 2(f)(2) of \n the Federal Hazardous Substances Act (15 U.S.C. \n 1261(f)(2)) and section 3(a)(5) of the Consumer Product \n Safety Act (15 U.S.C. 2052(a)(5)), the term ``liquid \n nicotine container'' means a package (as defined in \n section 2 of the Poison Prevention Packaging Act of \n 1970 (15 U.S.C. 1471))--\n (i) from which nicotine in a solution or \n other form is accessible through normal and \n foreseeable use by a consumer; and\n (ii) that is used to hold soluble nicotine \n in any concentration.\n (B) Exclusion.--The term ``liquid nicotine \n container'' does not include a sealed, pre-filled, and \n disposable container of nicotine in a solution or other \n form in which such container is inserted directly into \n an electronic cigarette, electronic nicotine delivery \n system, or other similar product, if the nicotine in \n the container is inaccessible through customary or \n reasonably foreseeable handling or use, including \n reasonably foreseeable ingestion or other contact by \n children.\n (3) Nicotine.--The term ``nicotine'' means any form of the \n chemical nicotine, including any salt or complex, regardless of \n whether the chemical is naturally or synthetically derived.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act shall take effect on the date that is 180 days after the \ndate of the enactment of this Act.\n ","summary":"Child Nicotine Poisoning Prevention Act of 2015 This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970. quot, Liquid nicotine containerquot. Is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration. And (2) exclude a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement.","title":"Child Nicotine Poisoning Prevention Act of 2015","text_len":5630,"sum_len":1687} {"bill_id":"104_hr3940","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Teenage Pregnancy Reduction Act of \n1996''.\n\nSEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE \n PREGNANCY.\n\n (a) In General.--The Secretary of Health and Human Services shall \n(directly or through grants or contracts awarded to public or nonprofit \nprivate entities) arrange for the evaluation of a wide variety of \npromising programs designed in whole or part to prevent pregnancy in \nteenagers, including programs that do not receive grants from the \nFederal Government for the operation of the programs. The purpose of \nthe evaluation shall be the determination of--\n (1) the factors contributing to the effectiveness of the \n programs; and\n (2) methods for replicating the programs in other \n locations.\n (b) Participation of Federal Agencies and Private Organizations.--\nIn carrying out the evaluation under subsection (a), the Secretary \nshall as appropriate--\n (1) provide for the participation of the Director of the \n Centers for Disease Control and Prevention, the Director of the \n Office of Population Affairs, the Assistant Secretary for \n Children and Families, and the Director of the National \n Institute of Child Health and Human Development; and\n (2) provide for the participation of private organizations, \n including the National Campaign to Prevent Teen Pregnancy, a \n nonpartisan organization.\n (c) Design of Evaluation.--Subject to subsection (d), the Secretary \nshall select a design for the evaluation under subsection (a) from \namong proposals that--\n (1) provide for the evaluation of programs in various \n geographic regions;\n (2) with respect to the populations served by the programs, \n provide for determining factors that are specific to various \n socioeconomic groups and various racial and ethnic minority \n groups;\n (3) provide for recommendations for future programs \n designed to reduce the rate of teen pregnancy; and\n (4) meet such criteria as the Secretary may establish.\n (d) Measures of Effectiveness.--The Secretary shall define the \nmeasures of effectiveness used in evaluating the programs designed to \nreduce the rate of teenage pregnancy, and shall include a variety of \nmeasures of effectiveness in the definition.\n (e) Scientific Peer Review.--The Secretary may provide funds for a \nproposal pursuant to subsection (a) only if the proposal has been \nrecommended for approval pursuant to a process of scientific peer \nreview utilizing one or more panels of experts. Such panels shall \ninclude experts from public entities and from private entities.\n (f) Submission of Report to Congress and Secretary.--Not later than \nDecember 1, 1999, the evaluation under subsection (a) shall be \ncompleted and a report describing the findings made in the evaluation \nshall be submitted to the Congress and to the Secretary.\n (g) Dissemination of Information.--After the submission of the \nreport under subsection (f), the Secretary shall disseminate the \nfindings presented in the report. The categories of individuals to whom \nthe information is disseminated shall include administrators of \nprevention programs, public and private entities that provide financial \nsupport to such programs, professional medical associations, entities \nproviding public health services, entities providing social work \nservices, and school administrators.\n (h) Authorization of Appropriations.--For the purpose of carrying \nout this section, there is authorized to be appropriated $3,500,000 for \neach of the fiscal years 1997 through 1999.\n\nSEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS.\n\n (a) In General.--Not later than 180 days after the completion of \nthe evaluation under section 2, the Secretary shall (directly or though \ngrants or contracts awarded to public or nonprofit private entities) \nestablish an information clearinghouse to be known as the National \nClearinghouse on Teenage Pregnancy Prevention Programs (in this section \nreferred to as the ``Clearinghouse'').\n (b) Functions.--The Clearinghouse shall carry out the following \nactivities:\n (1) Collect, maintain, and disseminate information on \n prevention programs, including information on the following:\n (A) The state of program development.\n (B) All types of prevention programs.\n (C) Findings made in the report submitted under \n section 2(f).\n (2) Develop networks of prevention programs for the purpose \n of sharing and disseminating information.\n (3) Develop and disseminate materials that provide \n technical assistance to public and private entities in \n establishing or improving prevention programs.\n (4) Participate in activities designed to encourage and \n enhance public media campaigns regarding pregnancy in \n teenagers.\n (5) Such other activities as will assist in the development \n and carrying out of activities to reduce pregnancy in \n teenagers.\n (c) Dissemination to Certain Entities.--The categories of entities \nto which the Clearinghouse disseminates information shall include \nadministrators of prevention programs, public and private entities that \nprovide financial support to such programs, professional medical \nassociations, entities providing public health services, entities \nproviding social work services, and school administrators.\n (d) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated such sums as \nmay be necessary for each of the fiscal years 2000 through 2003.\n\nSEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS.\n\n (a) In General.--In the case of a prevention program that pursuant \nto the evaluation under section 2 has been found to be effective, the \nSecretary may under this section make not more than one grant to the \nentity that operates the program. The purpose of the grant shall be to \nassist the entity with the expenses of operating the program.\n (b) Authorization of Appropriations.--For carrying out subsection \n(a), there is authorized to be appropriated $10,000,000, in the \naggregate, for the fiscal years 2000 through 2003. Such authorization \nis in addition to any other authorization of appropriations that is \navailable for making grants for the operational expenses of prevention \nprograms.\n\nSEC. 5. DEFINITIONS.\n\n (a) Prevention Programs.--\n (1) Rule of construction.--The provisions of this Act apply \n with respect to a prevention program without regard to which of \n the various programmatic approaches for the prevention of \n pregnancy in teenagers (as defined in paragraph (2)) is the \n focus of the program.\n (2) Programmatic approaches.--For purposes of this Act, the \n term ``programmatic approaches'', with respect to prevention \n programs, includes advocating abstinence from sexual relations; \n providing family planning services (including contraception); \n fostering academic achievement; mentoring by adults; providing \n employment assistance or job training; providing professional \n counseling or peer counseling; providing for recreational or \n social events; and any combination thereof.\n (b) Other Definitions.--For purposes of this Act:\n (1) The term ``prevention program'' means a program for the \n prevention of pregnancy in teenagers.\n (2) The term ``Secretary'' means the Secretary of Health \n and Human Services.","summary":"Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. Mandates establishment of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. Authorizes an operating grant to a program found to be effective. Authorizes appropriations.","title":"Teenage Pregnancy Reduction Act of 1996","text_len":7824,"sum_len":485} {"bill_id":"110_hr2610","text":"SECTION 1. SHORT TITLE.\n\n This Act shall be known as the ``Skill Game Protection Act''.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n The Congress finds as follows:\n (1) Millions of Americans enjoy competing with other \n players in a variety of games of skill, including bridge, mah-\n jong, backgammon, and poker, over the Internet, where the \n operator provides the Internet venue for competition and \n receives a fee for such service.\n (2) For some Americans, these games provide their primary \n source of income.\n (3) While each of these games contains an element of \n chance, over any substantial interval, a player's success at \n any of these games is determined by that player's relative \n level of skill and is widely recognized as such.\n (4) Games where success is predominantly determined by the \n skill of the players involved, as a matter of law and of \n policy, are distinct from the games of chance traditionally \n described and addressed in Federal and State gambling statutes.\n (5) Despite the fact that the language in section 1084 of \n title 18, United States Code, commonly referred to as the \n ``Wire Act'', has been interpreted by Federal courts as \n applying only to betting on sports, some in law enforcement \n interpret the section as prohibiting the acceptance of both \n sports and non-sports betting through a communications device.\n (6) The Federal Government should take appropriate steps to \n ensure that, with respect to skill games--\n (A) minors are prevented from playing for money;\n (B) persons with compulsive behavior should be \n identified and referred to treatment;\n (C) operators of such games should not be \n vulnerable to, or participate in criminal or terrorist \n money laundering; and\n (D) appropriate taxes are collected.\n\nSEC. 3. CLARIFICATION.\n\n Section 1084 of title 18, United States Code, is amended by adding \nat the end the following new subsection: (f)\n ``(f) As used in this section, the term `bets or wagers' does not \ninclude operating, or participation in, poker, chess, bridge, mahjong \nor any other game where success is predominantly determined by a \nplayer's skill, to the extent that--\n ``(1) the game provides for competition only between and \n among participants, and not against the person operating the \n game; and\n ``(2) the operator is in compliance with regulations issued \n pursuant to section 5368 of title 31, United States Code.''.\n\nSEC. 4. SAFEGUARDS.\n\n (a) In General.--Subchapter IV of chapter 53 of title 31, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 5368. Games of skill\n ``Before the end of the 180-day period beginning on the date of the \nenactment of the Skill Game Protection Act, the Secretary shall \nprescribe regulations requiring each person who operates a game of \nskill on the Internet to maintain the following:\n ``(1) Appropriate safeguards to ensure that the individual \n participant depositing funds is 18 years of age or older.\n ``(2) Appropriate safeguards to ensure that the individual \n participant is physically located in a jurisdiction that does \n not bar participation in the particular Internet games of skill \n in which the individual participates at the time in the \n individual participates.\n ``(3) Appropriate mechanisms to ensure that all taxes \n relating to Internet games of skill due to Federal and State \n governments and to Indian tribes from individual participants \n are collected as required by at the time of any payment of any \n proceeds of Internet games of skill.\n ``(4) Appropriate safeguards to combat fraud and money \n laundering as may be prescribed by regulations issued by the \n Secretary or a designee of the Secretary.\n ``(5) Appropriate safeguards to combat compulsive \n participation in Internet games of skill.\n ``(6) Appropriate safeguards to protect the privacy and \n security of any person engaged in Internet games of skill.''.\n (b) Clerical Amendment.--The table of sections for subchapter IV of \nchapter 53 of title 31, United States Code, is amended by inserting \nafter the item relating to section 5367 the following new item:\n\n``5368. Games of skill.''.\n\nSEC. 5. RULES OF CONSTRUCTION.\n\n (a) Nonapplicability to Games of Skill.--Section 5362(1)(E) of \ntitle 31, United States Code, is amended--\n (1) by striking ``or'' at the end of clause (viii);\n (2) by striking the period at the end of clause (ix) and \n inserting ``; or''; and\n (3) by adding at the end the following new clause:\n ``(x) participation in any activity which \n does not constitute ``bets or wagers'' within \n the meaning of section 1084(f) of title 18 and \n is operated in compliance with the regulations \n issued pursuant to section 5368.''.\n (b) Nonapplicability to Non-Sports Wagering.--No provision of this \nAct, or amendment made by this Act to any other provision of law, shall \nbe construed as implying that section 1084 of title 18, United States \nCode, applies or applied to non-sports wagering before or after the \nenactment of this Act.","summary":"Skill Game Protection Act - Amends federal criminal law to exempt from the prohibition against transmission of wagering information the operation or participation in poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that: (1) the game provides for competition only between and among participants, and not against the person operating the game. And (2) the operator is in compliance with federal regulations governing games of skill. Amends federal law governing monetary transactions to instruct the Secretary of the Treasury to prescribe regulations requiring each person who operates a game of skill on the Internet to maintain specified safeguards, including: (1) that the individual participant depositing funds is 18 years of age or older. (2) that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates. And (3) that all taxes relating to Internet games of skill due to federal and state governments and to Indian tribes from individual participants are collected at the time of any payment of any proceeds of Internet games of skill.","title":"To amend subchapter IV of chapter 53 of title 31, United States Code, and section 1084 of title 18 of such Code to clarify the applicability of such provisions to games of skill, and establish certain requirements with respect to such games, and for other purposes.","text_len":5676,"sum_len":1238} {"bill_id":"104_hr3664","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``District of Columbia Government \nImprovement and Efficiency Act of 1996''.\n\nSEC. 2. REDUCTION IN MINIMUM NUMBER OF MEMBERS OF BOARD OF TRUSTEES OF \n AMERICAN UNIVERSITY.\n\n (a) In General.--The first section of the Act entitled ``An Act to \nincorporate the American University'', approved February 24, 1893 (27 \nStat. 476), is amended by striking ``forty'' and inserting ``twenty-\nfive''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act.\n\nSEC. 3. REPEAL OF APPLICATION OF SERVICE CONTRACT ACT OF 1965 TO \n DISTRICT OF COLUMBIA.\n\n (a) In General.--The Service Contract Act of 1965 (41 U.S.C. 351 et \nseq.) is amended--\n (1) in section 2(a) in the matter preceding paragraph (1), \n by striking ``or the District of Columbia''; and\n (2) in section 7(1), by striking ``or District of \n Columbia''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to contracts of the District of Columbia entered \ninto on or after the date of the enactment of this Act.\n\nSEC. 4. AUTHORIZING AGREEMENTS BETWEEN DISTRICT OF COLUMBIA AND BUREAU \n OF PRISONS TO ESTABLISH AMOUNT OF PAYMENTS FOR HOUSING \n DISTRICT PRISONERS.\n\n The undesignated paragraph in the item relating to ``united states \ncourts'' under the heading ``JUDICIAL'' in the Act of March 3, 1915 (38 \nStat. 869, ch. 75; sec. 24-424, D.C. Code) (relating to the cost of the \ncare and custody of District of Columbia convicts in any Federal \npenitentiary) is amended by adding at the end the following new \nsentence: ``Notwithstanding the previous sentence or any provision of \ntitle 18, United States Code, to the contrary, with respect to District \nof Columbia convicts in any Federal penitentiary during the 5-year \nperiod beginning October 1, 1996, the Mayor of the District of Columbia \nand the Director of the Bureau of Prisons may enter into an agreement \nwaiving the requirements of the previous sentence or establishing an \nalternative amount to be charged against the District of Columbia for \nsuch convicts, so long as the Director provides notice of the intent to \nenter into the agreement to the Committees on Appropriations, the \nJudiciary, and Government Reform and Oversight of the House of \nRepresentatives and the Committees on Appropriations, the Judiciary, \nand Governmental Affairs of the Senate not later than 15 days before \nentering into the agreement.''.\n\nSEC. 5. EXEMPTION OF CERTAIN CONTRACTS FROM COUNCIL REVIEW.\n\n (a) In General.--Section 451 of the District of Columbia Self-\nGovernment and Governmental Reorganization Act (sec. 1-1130, D.C. \nCode), as amended by section 304(a)(3) of the District of Columbia \nAppropriations Act, 1996, is amended by adding at the end the following \nnew subsection:\n ``(d) Exemption for Certain Contracts.--The requirements of this \nsection shall not apply with respect to any of the following contracts:\n ``(1) Any contract entered into by the Washington \n Convention Center Authority for preconstruction activities, \n project management, design, or construction.\n ``(2) Any contract entered into by the District of Columbia \n Water and Sewer Authority established pursuant to the Water and \n Sewer Authority Establishment and Department of Public Works \n Reorganization Act of 1996, other than contracts for the sale \n or lease of the Blue Plains Wastewater Treatment Plant.\n ``(3) At the option of the Council, any contract for a \n highway improvement project carried out under title 23, United \n States Code.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to contracts entered into on or after the date of \nthe enactment of this Act.\n\nSEC. 6. WAIVER OF RESIDENCY REQUIREMENT FOR CERTAIN EMPLOYEES OF \n INSPECTOR GENERAL.\n\n Section 906 of the District of Columbia Government Comprehensive \nMerit Personnel Act of 1978 (sec. 1-610.6, D.C. Code) is amended--\n (1) in subsection (a), by inserting ``or subsection (d)'' \n after ``subsection (c)''; and\n (2) by adding at the end the following new subsection:\n ``(d) At the request of the Inspector General (as described in \nsection 208(a) of the District of Columbia Procurement Practices Act of \n1985), the Director of Personnel may waive the application of \nsubsections (a) and (b) to employees of the Office of the Inspector \nGeneral.''.\n\nSEC. 7. COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION.\n\n (a) In General.--Effective as if included in the enactment of the \nDistrict of Columbia Appropriations Act, 1996, section 434(b)(5) of the \nDistrict of Columbia Self-Government and Governmental Reorganization \nAct is amended to read as follows:\n ``(5) Members of the Commission shall serve without compensation \nfor services rendered in connection with their official duties on the \nCommission.''.\n (b) Conforming Amendment.--Section 133(b) of the District of \nColumbia Appropriations Act, 1996 is hereby repealed, and the provision \nof law amended by such section is hereby restored as if such section \nhad not been enacted into law.\n\nSEC. 8. SHORT TITLE OF HOME RULE ACT.\n\n (a) In General.--Section 101 of the District of Columbia Self-\nGovernment and Governmental Reorganization Act is amended by striking \n``District of Columbia Self-Government and Governmental Reorganization \nAct'' and inserting ``District of Columbia Home Rule Act''.\n (b) References in Law.--Any reference in law or regulation to the \nDistrict of Columbia Self-Government and Governmental Reorganization \nAct shall be deemed to be a reference to the District of Columbia Home \nRule Act.","summary":"District of Columbia Government Improvement and Efficiency Act of 1996 - Reduces the minimum number of members of the Board of Trustees of the American University from 40 to 25. Repeals the application of the Service Contract Act of 1965 with respect to the District of Columbia. Authorizes the Mayor of the District and the Director of the Bureau of Prisons, with respect to District of Columbia convicts in any Federal penitentiary during the five-year period beginning in FY 1997, to enter into an agreement waiving requirements relating to the cost of the care and custody of D. C. convicts in Federal penitentiaries or establishing an alternative amount to be charged against the District for such convicts so long as the Director provides at least 15 days' notice of the intent to enter into the agreement to specified congressional committees. Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from review by the D. C. Council contracts: (1) entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. (2) entered into by the District of Columbia Water and Sewer Authority, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. And (3) for Federal highway improvement projects at the option of the Council. Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow, at the request of the Inspector General, the Director of Personnel to waive the residency requirement for employees of the Office of the Inspector General. Requires members of the Judicial Nomination Commission to serve without compensation for services rendered in connection with their official duties on the Commission. Renames the District of Columbia Self-Government and Governmental Reorganization Act as the District of Columbia Home Rule Act.","title":"District of Columbia Government Improvement and Efficiency Act of 1996","text_len":5895,"sum_len":1915} {"bill_id":"111_s1646","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Keep Americans Working Act''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to keep Americans working by \nstrengthening and expanding short-time compensation programs that \nprovide employers with an alternative to layoffs.\n\nSEC. 3. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.\n\n (a) In General.--Section 3306 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n ``(v) Short-time Compensation Program.--For purposes of this \nchapter, the term `short-time compensation program' means a program \nunder which--\n ``(1) the participation of an employer is voluntary;\n ``(2) an employer reduces the number of hours worked by \n employees through certifying that such reductions are in lieu \n of temporary layoffs;\n ``(3) such employees whose workweeks have been reduced by \n at least 10 percent are eligible for unemployment compensation;\n ``(4) the amount of unemployment compensation payable to \n any such employee is a pro rata portion of the unemployment \n compensation which would be payable to the employee if such \n employee were totally unemployed;\n ``(5) such employees are not expected to meet the \n availability for work or work search test requirements while \n collecting short-time compensation benefits, but are required \n to be available for their normal workweek;\n ``(6) eligible employees may participate in an employer-\n sponsored training program to enhance job skills if such \n program has been approved by the State agency;\n ``(7) beginning on the date which is 2 years after the date \n of enactment of this subsection, the State agency shall require \n an employer to certify that continuation of health benefits and \n retirement benefits under a defined benefit pension plan (as \n defined in section 3(35) of the Employee Retirement Income \n Security Act of 1974) is not affected by participation in the \n program;\n ``(8) the State agency shall require an employer (or an \n employer's association which is party to a collective \n bargaining agreement) to submit a written plan describing the \n manner in which the requirements of this subsection will be \n implemented and containing such other information as the \n Secretary of Labor determines is appropriate;\n ``(9) in the case of employees represented by a union, the \n appropriate official of the union has agreed to the terms of \n the employer's written plan and implementation is consistent \n with employer obligations under the National Labor Relations \n Act; and\n ``(10) the program meets such other requirements as the \n Secretary of Labor determines appropriate.''.\n (b) Assistance and Guidance in Implementing Programs.--\n (1) Assistance and guidance.--\n (A) In general.--In order to assist States in \n establishing, qualifying, and implementing short-time \n compensation programs, as defined in section 3306(v) of \n the Internal Revenue Code of 1986 (as added by \n subsection (a)), the Secretary of Labor (in this \n section referred to as the ``Secretary'') shall--\n (i) develop model legislative language \n which may be used by States in developing and \n enacting short-time compensation programs and \n shall periodically review and revise such model \n legislative language;\n (ii) provide technical assistance and \n guidance in developing, enacting, and \n implementing such programs;\n (iii) establish biannual reporting \n requirements for States, including number of \n averted layoffs, number of participating \n companies and workers, and retention of \n employees following participation; and\n (iv) award start-up grants to State \n agencies under subparagraph (B).\n (B) Grants.--\n (i) In general.--The Secretary shall award \n start-up grants to State agencies that apply \n not later than September 30, 2010, in States \n that enact short-time compensation programs \n after the date of enactment of this Act for the \n purpose of creating such programs. The amount \n of such grants shall be awarded depending on \n the costs of implementing such programs.\n (ii) Eligibility.--In order to receive a \n grant under clause (i) a State agency shall \n meet requirements established by the Secretary, \n including any reporting requirements under \n clause (iii). Each State agency shall be \n eligible to receive not more than one such \n grant.\n (iii) Reporting.--The Secretary may \n establish reporting requirements for State \n agencies receiving a grant under clause (i) in \n order to provide oversight of grant funds used \n by States for the creation of short-time \n compensation programs.\n (iv) Funding.--There are appropriated, out \n of any moneys in the Treasury not otherwise \n appropriated, to the Secretary, such sums as \n the Secretary certifies as necessary for the \n period of fiscal years 2010 and 2011 to carry \n out this subparagraph.\n (2) Timeframe.--The initial model legislative language \n referred to in paragraph (1)(A) shall be developed not later \n than 60 days after the date of enactment of this Act.\n (c) Reports.--\n (1) Initial report.--Not later than 4 years after the date \n of enactment of this Act, the Secretary shall submit to \n Congress and to the President a report or reports on the \n implementation of this section. Such report or reports shall \n include--\n (A) a study of short-time compensation programs;\n (B) an analysis of the significant impediments to \n State enactment and creation of such programs; and\n (C) such recommendations as the Secretary \n determines appropriate.\n (2) Subsequent reports.--After the submission of the report \n under paragraph (1), the Secretary may submit such additional \n reports on the implementation of short-time compensation \n programs as the Secretary deems appropriate.\n (3) Funding.--There are appropriated, out of any moneys in \n the Treasury not otherwise appropriated, to the Secretary, \n $1,500,000 to carry out this subsection, to remain available \n without fiscal year limitation.\n (d) Conforming Amendments.--\n (1) Internal revenue code of 1986.--\n (A) Subparagraph (E) of section 3304(a)(4) of the \n Internal Revenue Code of 1986 is amended to read as \n follows:\n ``(E) amounts may be withdrawn for the payment of \n short-time compensation under a short-time compensation \n program (as defined in section 3306(v));''.\n (B) Subsection (f) of section 3306 of the Internal \n Revenue Code of 1986 is amended--\n (i) by striking paragraph (5) (relating to \n short-term compensation) and inserting the \n following new paragraph:\n ``(5) amounts may be withdrawn for the payment of short-\n time compensation under a short-time compensation program (as \n defined in subsection (v));'', and\n (ii) by redesignating paragraph (5) \n (relating to self-employment assistance \n program) as paragraph (6).\n (2) Social security act.--Section 303(a)(5) of the Social \n Security Act is amended by striking ``the payment of short-time \n compensation under a plan approved by the Secretary of Labor'' \n and inserting ``the payment of short-time compensation under a \n short-time compensation program (as defined in section 3306(v) \n of the Internal Revenue Code of 1986)''.\n (3) Repeal.--Subsections (b) through (d) of section 401 of \n the Unemployment Compensation Amendments of 1992 (26 U.S.C. \n 3304 note) are repealed.\n (e) Effective Date.--The amendments made by this section shall take \neffect on the date of enactment of this Act.\n\nSEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION \n PROGRAMS.\n\n (a) Payments to States With Certified Programs.--\n (1) In general.--Not later than 30 days after the date of \n enactment of this Act, the Secretary shall establish a program \n under which the Secretary shall make payments to any State \n unemployment trust fund to be used for the payment of \n unemployment compensation if the Secretary approves an \n application for certification submitted under paragraph (3) for \n such State to operate a short-time compensation program (as \n defined in section 3306(v) of the Internal Revenue Code of 1986 \n (as added by section 3(a))) which requires the maintenance of \n health and retirement employee benefits as described in \n paragraph (7) of such section 3306(v), notwithstanding the \n otherwise effective date of such requirement.\n (2) Full reimbursement.--Subject to subsection (d), the \n payment to a State under paragraph (1) shall be an amount equal \n to 100 percent of the total amount of benefits paid to \n individuals by the State pursuant to the short-time \n compensation program during the period--\n (A) beginning on the date a certification is issued \n by the Secretary with respect to such program; and\n (B) ending on September 30, 2011.\n (3) Certification requirements.--\n (A) In general.--Any State seeking full \n reimbursement under this subsection shall submit an \n application for certification at such time, in such \n manner, and complete with such information as the \n Secretary may require (whether by regulation or \n otherwise), including information relating to \n compliance with the requirements of paragraph (7) of \n such section 3306(v). The Secretary shall, within 30 \n days after receiving a complete application, notify the \n State agency of the State of the Secretary's findings \n with respect to the requirements of such paragraph (7).\n (B) Findings.--If the Secretary finds that the \n short-time compensation program operated by the State \n meets the requirements of such paragraph (7), the \n Secretary shall certify such State's short-time \n compensation program thereby making such State eligible \n for full reimbursement under this subsection. \n (b) Timing of Application Submittals.--No application under \nsubsection (a)(3) may be considered if submitted before the date of \nenactment of this Act or after the latest date necessary (as specified \nby the Secretary) to ensure that all payments under this section are \nmade before September 30, 2011.\n (c) Terms of Payments.--Payments made to a State under subsection \n(a)(1) shall be payable by way of reimbursement in such amounts as the \nSecretary estimates the State will be entitled to receive under this \nsection for each calendar month, reduced or increased, as the case may \nbe, by any amount by which the Secretary finds that the Secretary's \nestimates for any prior calendar month were greater or less than the \namounts which should have been paid to the State. Such estimates may be \nmade on the basis of such statistical, sampling, or other method as may \nbe agreed upon by the Secretary and the State agency of the State \ninvolved.\n (d) Limitations.--\n (1) General payment limitations.--No payments shall be made \n to a State under this section for benefits paid to an \n individual by the State pursuant to a short-time compensation \n program that is in excess of 26 weeks of benefits.\n (2) Employer limitations.--No payments shall be made to a \n State under this section for benefits paid to an individual by \n the State pursuant to a short-time compensation program if such \n individual is employed by an employer--\n (A) whose workforce during the 3 months preceding \n the date of the submission of the employer's short-time \n compensation plan has been reduced by temporary layoffs \n of more than 20 percent;\n (B) on a seasonal, temporary, or intermittent \n basis; or\n (C) engaged in a labor dispute.\n (3) Program payment limitation.--In making any payments to \n a State under this section pursuant to a short-time \n compensation program, the Secretary may limit the frequency of \n employer participation in such program.\n (e) Charging Rule.--Under a short-time compensation program \nreimbursed under this section, a State may require short-time \ncompensation benefits paid to an individual to be charged to a \nparticipating employer regardless of the base period charging rule.\n (f) Retention Requirement.--\n (1) In general.--A participating employer under this \n section is required to comply with the terms of the written \n plan approved by the State agency and act in good faith to \n retain participating employees, and the State shall, in the \n event of any violation, require such employer to repay to the \n State a sum based on the amount expended by the State under the \n program as a result of that violation.\n (2) Oversight and monitoring.--The Secretary shall \n establish an oversight and monitoring process by regulation by \n which State agencies will ensure that participating employers \n comply with the requirements of paragraph (1).\n (3) Penalty remittance.--In the case of any State which \n receives reimbursement under this section, if such State \n determines that a violation of paragraph (1) has occurred, the \n State shall transfer an appropriate amount to the United States \n of the repayment the State required of the employer pursuant to \n such paragraph.\n (g) Funding.--There are appropriated, from time to time, out of any \nmoneys in the Treasury not otherwise appropriated, to the Secretary, \nsuch sums as the Secretary certifies are necessary to carry out this \nsection (including to reimburse any additional administrative expenses \nincurred by the States in operating such short-time compensation \nprograms).\n (h) Definition of State.--In this section, the term ``State'' \nincludes the District of Columbia, the Commonwealth of Puerto Rico, and \nthe Virgin Islands.","summary":"Keep Americans Working Act - Declares that the purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. Requires the Secretary of Labor to: (1) provide guidance to states in enacting short-term compensation programs. And (2) award start-up grants to state agencies in states that have enacted programs and meet certain requirements. Amends the Internal Revenue Code to define short-time compensation program as one in which: (1) participation of an employer is voluntary. (2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs. (3) an employee whose workweek that has been reduced by at least 10 is eligible for unemployment compensation. (4) an eligible employee may participate in an employer-sponsored job skills training program. And (5) an employer is required to certify that continuation of employee health and retirement benefits will not be affected by participation in the program. Directs the Secretary to make payments to a state's unemployment compensation trust fund for the payment of unemployment compensation if the Secretary approves a state's application for certification to operate a short-time compensation program that requires the maintenance of health and retirement employee benefits.","title":"A bill to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs.","text_len":16167,"sum_len":1403} {"bill_id":"114_hr3305","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``EINSTEIN Act of 2015''.\n\nSEC. 2. PROTECTION OF FEDERAL CIVILIAN INFORMATION SYSTEMS.\n\n (a) In General.--Subtitle C of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 230. AVAILABLE PROTECTION OF FEDERAL CIVILIAN INFORMATION \n SYSTEMS.\n\n ``(a) In General.--The Secretary shall deploy, operate, and \nmaintain, to make available for use by any Federal agency, with or \nwithout reimbursement, capabilities to protect Federal agency \ninformation and Federal civilian information systems, including \ntechnologies to diagnose, detect, prevent, and mitigate against \ncybersecurity risks involving Federal agency information or Federal \ncivilian information systems.\n ``(b) Activities.--In carrying out this section, the Secretary \nmay--\n ``(1) access, and Federal agency heads may disclose to the \n Secretary or a private entity providing assistance to the \n Secretary under paragraph (2), information traveling to or from \n or stored on a Federal civilian information system, regardless \n of from where the Secretary or a private entity providing \n assistance to the Secretary under paragraph (2) accesses such \n information, notwithstanding any other provision of law that \n would otherwise restrict or prevent Federal agency heads from \n disclosing such information to the Secretary or a private \n entity providing assistance to the Secretary under paragraph \n (2);\n ``(2) enter into contracts or other agreements, or \n otherwise request and obtain the assistance of, private \n entities to deploy, operate, and maintain technologies in \n accordance with subsection (a); and\n ``(3) retain, use, and disclose information obtained \n through the conduct of activities authorized under this section \n only to protect Federal agency information and Federal civilian \n information systems from cybersecurity risks or in furtherance \n of the national cybersecurity and communications integration \n center's authority under the second section 226, or, with the \n approval of the Attorney General and if disclosure of such \n information is not otherwise prohibited by law, to law \n enforcement only to investigate, prosecute, disrupt, or \n otherwise respond to--\n ``(A) a violation of section 1030 of title 18, \n United States Code;\n ``(B) an imminent threat of death or serious bodily \n harm;\n ``(C) a serious threat to a minor, including sexual \n exploitation or threats to physical safety; or\n ``(D) an attempt, or conspiracy, to commit an \n offense described in any of subparagraphs (A) through \n (C).\n ``(c) Conditions.--Contracts or other agreements under subsection \n(b)(2) shall include appropriate provisions barring--\n ``(1) the disclosure of information to any entity other \n than the Department or a Federal agency disclosing information \n in accordance with subsection (b)(1) that can be used to \n identify specific persons and is reasonably believed to be \n unrelated to a cybersecurity risk; and\n ``(2) the use of any information to which such private \n entity gains access in accordance with this section for any \n purpose other than to protect Federal agency information and \n Federal civilian information systems against cybersecurity \n risks or to administer any such contract or other agreement.\n ``(d) Limitation.--No cause of action shall lie in any court \nagainst a private entity for assistance provided to the Secretary in \naccordance with this section and a contract or agreement under \nsubsection (b)(2).\n ``(e) Definition.--The term `cybersecurity risk' has the meaning \ngiven such term in the second section 226 (relating to the national \ncybersecurity and communications integration center).''.\n (b) Definitions.--Paragraphs (1) and (2) of the second section 226 \nof the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the \nnational cybersecurity and communications integration center) are \namended to read as follows:\n ``(1)(A) except as provided in subparagraph (B), the term \n `cybersecurity risk' means threats to and vulnerabilities of \n information or information systems and any related consequences \n caused by or resulting from unauthorized access, use, \n disclosure, degradation, disruption, modification, or \n destruction of such information or information systems, \n including such related consequences caused by an act of \n terrorism; and\n ``(B) such term does not include any action that solely \n involves a violation of a consumer term of service or a \n consumer licensing agreement;\n ``(2) the term `incident' means an occurrence that actually \n or imminently jeopardizes, without lawful authority, the \n integrity, confidentiality, or availability of information on \n an information system, or actually or imminently jeopardizes, \n without lawful authority, an information system;''.\n (c) Clerical Amendment.--The table of contents of the Homeland \nSecurity Act of 2002 is amended by adding at the end the following new \nitem:\n\n``Sec. 230. Available protection of Federal civilian information \n systems.''.","summary":"EINSTEIN Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to deploy, operate, and maintain capabilities to protect federal agency information and federal civilian information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks involving such information or systems. Authorizes the DHS Secretary to access, and allows federal agency heads to disclose to the Secretary, information traveling to or from or stored on such systems, regardless of from where the Secretary accesses such information, notwithstanding any law that would otherwise restrict or prevent such disclosures. Authorizes the Secretary to retain, use, and disclose information obtained through such activities only to protect federal agency information and federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's (NCCIC's) authority, or, with DOJ approval and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to: criminal computer fraud, an imminent threat of death or serious bodily harm. A serious threat to a minor, including sexual exploitation or threats to physical safety. Or an attempt or conspiracy to commit any of such offenses. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Redefines for purposes of the NCCIC's cybersecurity functions: (1) quot, cybersecurity riskquot. To exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement, and (2) quot, incidentquot. To include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.","title":"EINSTEIN Act of 2015","text_len":5701,"sum_len":2074} {"bill_id":"111_s3065","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Military Readiness Enhancement Act \nof 2010''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to institute in the Armed Forces a \npolicy of nondiscrimination based on sexual orientation.\n\nSEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED \n FORCES.\n\n The following provisions of law are repealed:\n (1) Section 654 of title 10, United States Code.\n (2) Subsections (b), (c), and (d) of section 571 of the \n National Defense Authorization Act for Fiscal Year 1994 (10 \n U.S.C. 654 note).\n\nSEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL \n ORIENTATION IN THE ARMED FORCES.\n\n (a) Establishment of Policy.--\n (1) In general.--Chapter 37 of title 10, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 656. Policy of nondiscrimination based on sexual orientation in \n the armed forces\n ``(a) Policy.--The Secretary of Defense, and the Secretary of \nHomeland Security with respect to the Coast Guard when it is not \noperating as a service in the Navy, may not discriminate on the basis \nof sexual orientation against any member of the armed forces or against \nany person seeking to become a member of the armed forces.\n ``(b) Discrimination on Basis of Sexual Orientation.--For purposes \nof this section, discrimination on the basis of sexual orientation is--\n ``(1) in the case of a member of the armed forces, the \n taking of any personnel or administrative action (including any \n action relating to promotion, demotion, evaluation, selection \n for an award, selection for a duty assignment, transfer, or \n separation) in whole or in part on the basis of sexual \n orientation; and\n ``(2) in the case of a person seeking to become a member of \n the armed forces, denial of accession into the armed forces in \n whole or in part on the basis of sexual orientation.\n ``(c) Personnel and Administrative Policies and Action.--The \nSecretary of Defense, and the Secretary of Homeland Security with \nrespect to the Coast Guard when it is not operating as a service in the \nNavy, may not establish, implement, or apply any personnel or \nadministrative policy, or take any personnel or administrative action \n(including any policy or action relating to promotions, demotions, \nevaluations, selections for awards, selections for duty assignments, \ntransfers, or separations) in whole or in part on the basis of sexual \norientation.\n ``(d) Rules and Policies Regarding Conduct.--Nothing in this \nsection prohibits the Secretary of Defense, and the Secretary of \nHomeland Security with respect to the Coast Guard when it is not \noperating as a service in the Navy, from prescribing or enforcing \nregulations governing the conduct of members of the armed forces if the \nregulations are designed and applied without regard to sexual \norientation.\n ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any \nperson separated from the armed forces on the basis of sexual \norientation in accordance with laws and regulations in effect before \nthe date of the enactment of this section, if otherwise qualified for \nre-accession into the armed forces, shall not be prohibited from re-\naccession into the armed forces on the sole basis of such separation.\n ``(f) Sexual Orientation.--In this section, the term `sexual \norientation' means heterosexuality, homosexuality, or bisexuality, \nwhether the orientation is real or perceived, and includes statements \nand consensual sexual conduct that is not otherwise illegal manifesting \nheterosexuality, homosexuality, or bisexuality.''.\n (2) Clerical amendments.--The table of sections at the \n beginning of chapter 37 of such title is amended--\n (A) by striking the item relating to section 654; \n and\n (B) by adding at the end the following new item:\n\n``656. Policy of nondiscrimination based on sexual orientation in the \n armed forces.''.\n (b) Conforming Amendments.--Title 10, United States Code, is \namended as follows:\n (1) Section 481 is amended--\n (A) In subsection (a)(2), by inserting ``, \n including sexual orientation discrimination,'' after \n ``discrimination'' in subparagraphs (C) and (D); and\n (B) in subsection (c), by inserting ``and sexual \n orientation-based'' after ``gender-based'' both places \n it appears.\n (2) Section 983(a)(1) is amended by striking ``(in \n accordance with section 654 of this title and other applicable \n Federal laws)''.\n (3) Section 1034(i)(3) is amended by inserting ``sexual \n orientation,'' after ``sex,''.\n\nSEC. 5. BENEFITS.\n\n Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to require the furnishing of dependent benefits in violation \nof section 7 of title 1, United States Code (relating to the \ndefinitions of ``marriage'' and ``spouse'' and referred to as the \n``Defense of Marriage Act'').\n\nSEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.\n\n Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to create a private cause of action for damages.\n\nSEC. 7. REVIEW AND IMPLEMENTATION.\n\n (a) Pentagon Working Group.--\n (1) Establishment.--The Secretary of Defense shall \n establish in the Department of Defense a working group (to be \n known as the ``Pentagon Working Group'') to make \n recommendations to the Secretary regarding the implementation \n of this Act and the amendments made by this Act.\n (2) Treatment of existing working group.--If there exists \n in the Department as of the date of the enactment of this Act a \n working group on recommendations regarding the repeal of \n section 654 of title 10, United States Code, the Secretary may \n treat the working group as the working group required by \n paragraph (1) for purposes of this section.\n (b) Working Group Recommendations.--\n (1) Submittal to secretary of defense.--Not later than 270 \n days after the date of the enactment of this Act, the working \n group under subsection (a) shall submit to the Secretary of \n Defense a written report setting forth such recommendations as \n the working group considers appropriate for a revision of \n Department of Defense regulations, or the issuance of new \n regulations, to implement this Act and the amendments made by \n this Act.\n (2) Submittal to congress.--The report under paragraph (1) \n shall also be submitted to the Committees on Armed Services of \n the Senate and the House of Representatives.\n (c) Regulations.--\n (1) Revisions required.--Not later than 60 days after \n receipt of the report required by subsection (b)(1), the \n Secretary of Defense shall revise Department of Defense \n regulations, and shall issue such new regulations as may be \n necessary, to implement this Act and the amendments made by \n this Act. The Secretary of Defense shall further direct the \n Secretary of each military department to revise regulations of \n that military department in accordance with this Act, not later \n than 120 days after the Secretary of Defense receives the \n report required by subsection (b)(1).\n (2) Elements.--The revisions required by paragraph (1) \n shall include the following:\n (A) Revision of all equal opportunity and human \n relations regulations, directives, and instructions to \n add sexual orientation nondiscrimination to the \n Department of Defense Equal Opportunity policy and to \n related human relations training programs.\n (B) Revision of Department of Defense and military \n department personnel regulations to eliminate \n procedures for involuntary discharges based on sexual \n orientation.\n (C) Revision of Department of Defense and military \n department regulations governing victims' advocacy \n programs to include sexual orientation discrimination \n among the forms of discrimination for which members of \n the Armed Forces and their families may seek \n assistance.\n (D) Revision of any Department of Defense and \n military department regulations as necessary to ensure \n that regulations governing the personal conduct of \n members of the Armed Forces are written and enforced \n without regard to sexual orientation.\n (d) Sexual Orientation Defined.--In this section, the term ``sexual \norientation'' has the meaning given that term in section 656(f) of \ntitle 10, United States Code, as added by section 4(a).\n\nSEC. 8. REPORT.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Secretary of Defense shall submit to the Committees on Armed \nServices of the Senate and the House of Representatives a report \nsetting forth an assessment of the compliance of institutions of higher \neducation with section 983 of title 10, United States Code (as amended \nby section 4(b)), and describing the actions, if any, taken by the \nSecretary to effect the denial of funds authorized in that section to \nan institution of higher education that continues to prohibit, or in \neffect prevent, the Secretary or a military department from \nmaintaining, establishing, or operating a unit of the Senior Reserve \nOfficers' Training Corps at that institution (or any subelement of that \ninstitution).","summary":"Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation. Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees. Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act. And (2) direct each military department Secretary to do the same. Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access.","title":"A bill to amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as \"Don't Ask, Don't Tell\", with a policy of nondiscrimination on the basis of sexual orientation.","text_len":10070,"sum_len":1364} {"bill_id":"103_hr3547","text":"[Congressional Bills 103th Congress]\n[From the U.S. Government Printing Office]\n[H.R. 3547 Introduced in House (IH)]\n\n103d CONGRESS\n 1st Session\n H. R. 3547\n\nTo amend the Federal Food, Drug, and Cosmetic Act to ensure that human \ntissue intended for transplantation is safe and effective and for other \n purposes.\n\n\n_______________________________________________________________________\n\n\n IN THE HOUSE OF REPRESENTATIVES\n\n November 19, 1993\n\n Mr. Wyden introduced the following bill; which was referred to the \n Committee on Energy and Commerce\n\n_______________________________________________________________________\n\n A BILL\n\n\n \nTo amend the Federal Food, Drug, and Cosmetic Act to ensure that human \ntissue intended for transplantation is safe and effective and for other \n purposes.\n\n Be it enacted by the Senate and House of Representatives of the \nUnited States of America in Congress assembled\n\nSECTION 1. SHORT TITLE.\n\n (a) Short Title.--This Act may be cited as the ``Human Tissue for \nTransplantation Act of 1993''.\n (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Federal Food, Drug, and Cosmetic Act.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that reasonable assurance of the safety and \neffectiveness of human tissue for transplantation through regulatory \noversight is necessary to protect the public health against the \ntransmission of infectious disease or the conduct of medical therapy \nwith human tissue unfit for use.\n\nSEC. 3. DEFINITIONS.\n\n Section 201 (21 U.S.C. 321) is amended--\n (1) in the first sentence of paragraph (g)(1), by striking \n ``, and (D), and inserting ``, (D)'' and by inserting before \n the period ``, and (E) human tissue in combination with a drug \n as described in clause (A), (B), (C), or (D)'',\n (2) in paragraph (h), by inserting after ``implant,'' the \n following: ``human tissue (other than banked human tissue),'', \n and\n (3) by adding at the end the following:\n ``(gg)(1) The term `tissue' means an aggregate of cells or their \nintercellular substance that form a structural material.\n ``(2)(A) The term `banked human tissue' means any tissue--\n ``(i) derived from a human body that is intended for \n administration to a human for the diagnosis, cure, mitigation, \n treatment or prevention of any condition or disease,\n ``(ii) procured, processed, stored, or distributed by \n methods to prevent the transmission of infectious disease and \n to preserve clinical usefulness, and\n ``(iii) not intended to change tissue structure or \n functional characteristics.\n ``(B) Such term does not include--\n ``(i) whole organs, including hearts, kidneys, livers, \n lungs, pancreases, or any other organ containing vasculature \n that carries blood after transplantation,\n ``(ii) blood, blood products, bone marrow, reproductive \n tissue, or human milk, or\n ``(iii) autograft human tissue that is not stored or \n processed during a single surgical procedure.''.\n ``(3) The term `human tissue bank' means a person that procures, \nprocesses, stores, or distributes banked human tissue.''.\n\nSEC. 4. REGULATION OF HUMAN TISSUE BANKS\n\n Chapter V is amended by adding at the end the following:\n\n ``Subchapter D-Human Tissue Banks\n\n ``regulation of human tissue banks\n\n ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the \ntransmission of infectious disease by the use of banked human tissue, \nthe Secretary may by regulation require--\n ``(1) the screening of donors of tissue,\n ``(2) the testing of donors of tissue and tissue donated, \n and\n ``(3) recordkeeping by human tissue banks, including \n records that provide a method to track tissue from a donor to a \n recipient and from a recipient to a donor, taking into account \n the privacy interest of donors, donor families, and recipients.\n ``(b) Good Tissue Banking Practice.--The Secretary shall by \nregulation establish good tissue banking practices by human tissue \nbanks which may require--\n ``(1) ascertainment of donor suitability,\n ``(2) recovery of cadaveric or living donor tissue,\n ``(3) tissue screening and acceptance,\n ``(4) validation of the manufacturing, equipment, and \n facilities used for banked human tissue,\n ``(5) finished tissue inspection and control,\n ``(6) inspection for quality control,\n ``(7) investigation of failures involving banked human \n tissue and files of complaints about such failures,\n ``(8) recordkeeping,\n ``(9) assurance of the quality of banked human tissue,\n ``(10) personnel requirements, including a requirement for \n a medical director who is a physician licensed to practice \n medicine in the State in which the bank is located, and\n ``(11) special practices for specific tissues.\n ``(c) Labeling, Advertising, and Promotion.--The Secretary may by \nregulation prescribe requirements for the labeling, advertising, and \npromotion of banked human tissue by human tissue banks. Such \nrequirements shall include--\n ``(1) requirements for adequate direction for use, and\n ``(2) information about results from the use of banked \n human tissue according to directions or under customary and \n usual conditions.\n ``(d) Operating Permits.--\n ``(1) In general.--The Secretary shall by regulation \n require human tissue banks to acquire a permit for operation. \n Such a permit may be acquired by a human tissue bank if--\n ``(A) the human tissue bank has on file with the \n Secretary an application for such permit which \n demonstrates, through supporting documentation, that \n the bank is in compliance with the requirements of \n subsections (a), (b), and (c),\n ``(B) the human tissue bank has on file with the \n Secretary an application for an exemption from the \n requirements of subsection (a), (b), or (c) and the \n Secretary has approved such application based upon--\n ``(i) data from well controlled scientific \n studies designed to provide reasonable \n assurance that an exemption from such \n requirements is safe and does not reduce \n clinical utility, or\n ``(ii) a determination by the Secretary, \n after consultation with a Tissue Advisory \n Committee, that such an exemption does not \n affect the safety and effectiveness of the \n operations of such bank, or\n ``(C) the human tissue bank has on file with the \n Secretary an application for an exemption from the \n requirements of subsection (a), (b), or (c) to \n investigate new or existing standards, methods, or uses \n relating to tissue, such application is submitted with \n a proposed scientific protocol for such investigation, \n and the Secretary has determined that such \n investigation does not affect the safety and \n effectiveness of the operations of such bank and that \n patients of the bank will be protected by a requirement \n of adequate informed consent.\n ``(2) Permits.--The Secretary shall issue an operating \n permit to a human tissue bank if the Secretary determines the \n bank meets the requirements of paragraph (1). Such a permit \n shall identify the tissues banked by the bank and the methods \n of procurement, processing, storage, and distribution of such \n tissue which the Secretary had determined to be safe and \n effective. A permit shall be valid for such period as specified \n by the Secretary but not for more than 3 years.\n ``(3) Amendment.--The Secretary shall allow a human tissue \n bank which has a permit issued under paragraph (2) to amend the \n permit if under the amendment the human tissue bank is still in \n compliance with paragraph (1).\n ``(4) Revocation.--The Secretary shall revoke, in whole or \n in part, a permit of a human tissue bank issued under paragraph \n (2) if the Secretary determines that the bank is operating in a \n manner which is inconsistent with its permit and which places \n the bank out of compliance with paragraph (1).\n ``(e) Registration.--Each human tissue bank, except human tissue \nbanks that operate solely for research or teaching, shall under \nregulations of the Secretary be required to register in accordance with \nthe requirements of section 510 as made applicable under such \nregulations.\n ``(f) Regulations.--The Secretary shall promulgate the regulations \nrequired by subsection (a), (b), (c), (d), and (e) within 5 years of \nthe date of the enactment of the Human Tissue for Transplantation Act \nof 1993 and shall be based on adequate scientific evidence.\n\n ``tissue advisory committees\n\n ``Sec. 546. (a) In General.--The Secretary shall establish a \nnational advisory committee to be known as the Tissue Advisory \nCommittee (hereinafter in this section referred to as the `advisory \ncommittee'). The advisory committee shall be established within one \nyear of the date of the enactment of the Human Tissue for \nTransplantation Act of 1993.\n ``(b) Composition.--The advisory committee shall be comprised of \nnot fewer than 13 or more than 19 individuals who are not officers or \nemployees of the Federal Government. The Secretary shall make \nappointments to the advisory committee from among physicians, other \nhealth care practitioners, and representatives of human tissue bank \nconsumers and industry groups whose clinical practice, research \nspecialization, or expertise include a significant focus on tissue \ntransplantation by human tissue banks.\n ``(c) Functions.--The advisory committee shall--\n ``(1) advise the Secretary on appropriate quality standards \n and regulations for human tissue banks under section 545,\n ``(2) report on new developments concerning tissue \n transplantation,\n ``(3) advise the Secretary on appropriate standards for the \n prevention of infectious disease transmission by banked human \n tissues,\n ``(4) advise the Secretary on appropriate quality standards \n for good tissue banking practices under section 545(b),\n ``(5) advise the Secretary in the development of \n regulations to ensure that adequate directions for use of \n banked human tissues are provided by human tissue banks,\n ``(6) make recommendations in the establishment of \n mechanisms to investigate consumer complaints, and\n ``(7) perform such other activities as the Secretary may \n require.\n ``(d) Meetings.--The advisory committee shall meet not less often \nthan quarterly during the first 3 years of its operation.\n ``(e) Chairperson.--The Secretary shall appoint the chairperson of \nthe advisory committee from among members of the advisory committee.''.\n\nSEC. 5. ENFORCEMENT.\n\n (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended--\n (1) by inserting ``, banked human tissue,'' after ``drug'' \n before paragraph (a),\n (2) in paragraphs (a)(2)(B) and (d), by inserting ``or \n banked human tissue'' after ``drug'' each place it occurs,\n (3) by adding at the end the following:\n ``(j)(1) If it is banked human tissue and the materials, \nfacilities, or controls used for its procurement, processing, \ndistribution, or storage are not in conformity with the requirements of \nsection 545(b).\n ``(2) If it is banked human tissue for which an exemption for \ninvestigation use of human tissue has been granted under section \n545(d)(1)(D) and the person granted such exemption or any investigator \nfails to comply with the requirements of such section.'', and\n (4) in the title to the section, by inserting ``or banked \n human tissue'' after ``drugs.\n (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended--\n (1) by inserting ``, banked human tissue,'' after ``drug'' \n before paragraph (a),\n (2) in paragraph (f), the first sentence of paragraph (h), \n and (i), by inserting ``or banked human tissue'' after ``drug'' \n each place it occurs\n (3) in paragraph (o), by inserting ``or if an application \n or other information respecting it was not provided as required \n by section 545(d),'' after ``510(e)'',\n (4) by adding at the end the following:\n ``(u)(1) If it is banked human tissue subject to regulation under \nsection 545(c) unless it bears such labeling as may be required.\n ``(2) If it is a banked human tissue distributed or offered for \nsale in any State and its promotion or advertising is false or \nmisleading in any particular.'', and\n (5) in the title to the section, by inserting ``or banked \n human tissue'' after ``drugs.\n (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended--\n (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by \n inserting ``, banked human tissue'' after ``drug'' each place \n it occurs,\n (2) in paragraph (d), by striking ``404 or 505'' and \n inserting ``404, 505, or 545'',\n (3) in paragraph (j), by inserting ``, 545'' after ``520'',\n (4) in paragraph (p), by striking ``510,'' and inserting \n ``510 or 545(e),'', and\n (5) in paragraphs (q)(2) and (r), by inserting ``or banked \n human tissue'' after ``device''.\n (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by \ninserting ``or banked human tissues'' after ``devices''.\n (e) Seizures.--Section 304 (21 U.S.C. 334) is amended--\n (1) in subsections (a)(1) and (d)(1), by inserting ``, \n banked human tissue'' after ``drug'',\n (2) in subsection (a)(1), by striking ``, and (D)'' and \n inserting ``(D) Any adulterated or misbranded banked human \n tissue, and (E)'', and\n (3) in subsection (g)(1), by striking ``or a vehicle, a \n device'' and inserting ``, a vehicle, a device, or banked human \n tissue'' and by inserting after each other occurrence of \n ``device'' the following: ``or banked human tissue''.\n (f) Investigations.--Section 702 (21 U.S.C. 372) is amended--\n (1) in subsection (b), by inserting ``, banked human \n tissue'' after ``drug'', and\n (2) in subsection (d), by inserting ``or banked human \n tissues'' after ``drugs''.\n (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is \namended--\n (1) by inserting ``or banked human tissues'' after \n ``drugs'' each place it occurs, and\n (2) by inserting ``or banked human tissue'' after ``drug'' \n each place it occurs.\n (h) Inspections.--Section 704 (21 U.S.C. 374) is amended--\n (1) in subsection (a)(1)(A), by inserting ``, banked human \n tissues'' after ``drugs'' each place it occurs,\n (2) in subsection (a)(1)(B), by inserting ``, banked human \n tissues'' after ``prescription drugs'' each place it occurs, \n and\n (3) in subsection (b), by inserting ``, banked human \n tissue'' after ``drug''.\n (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by \ninserting ``, banked human tissues'' after ``drugs''.\n (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a) \nis amended by inserting ``or banked human tissue'' after ``device''.\n (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended--\n (1) in the first sentence of subsection (a), by inserting \n ``, banked human tissues'' and ``drugs'',\n (2) in subsection (a)(3), by inserting ``or 545'' after \n ``505'', and\n (3) in subsections (b) and (e)(1), by inserting ``, banked \n human tissue'' after ``drug''.\n\nSEC. 6. FUNDING.\n\n (a) Imposition.--Each human tissue bank--\n (1) which has a permit issued under section 545(d) shall \n pay a fee for such permit, and\n (2) which is registered under section 545(e) shall pay a \n fee for such registration.\nThe fees imposed under this subsection are imposed to cover the costs \nof the Secretary in the implementation of sections 545 and 546.\n (b) Fee Amount.--The Secretary shall determine the amount of the \nfees imposed by subsection (a) on the basis of the gross revenue of the \nhuman tissue bank paying the fee which relates to the procurement, \nprocessing, storage, and distribution of human tissue.\n (c) Crediting and Availability of Fees.--\n (1) In general.--Fees collected for a fiscal year pursuant \n to subsection (a) shall be credited to the appropriation \n account for salaries and expenses of the Secretary and shall be \n available in accordance with appropriation Acts until expended \n without fiscal year limitation.\n (2) Collections.--The fees imposed under subsection (a)--\n (A) shall be collected in each fiscal year in an \n amount equal to the amount specified in appropriation \n Acts for such fiscal year, and\n (B) shall only be collected and available to defray \n the costs of implementing sections 545 and 546.\n (d) Effective Date.--The fee authorized by subsection (a)(1) shall \ntake effect 4 years after the date of the enactment of the Human Tissue \nfor Transplantation Act of 1993 and the fee authorized by subsection \n(a)(2) shall take effect one year after the date of the enactment.\n\nSEC. 7. HUMAN HEART VALVES.\n\n (a) Enforcement.--The Secretary of Health and Human Services may \nnot enforce the Secretary's regulation, promulgated on May 13, 1987, \nand published at page 18162 of 52 Federal Register, insofar as such \nregulation applies to human heart valves.\n (b) Premarket Approval Determination.--The determination of the \nSecretary issued June 26, 1991 (56 FR 29177), acting through the Food \nand Drug Administration, that human heart valves are replacement heart \nvalves subject to premarket approval under section 515 of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force \nand effect.","summary":"Human Tissue for Transplantation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of human tissue banks and tissue banking practices. Directs the Secretary of Health and Human Services to establish a Tissue Advisory Committee for advice on standards and regulations. Provides for the use of tissue bank permit fees to cover costs of implementing this Act. Prohibits the Secretary from enforcing existing regulations that treat human heart valves as medical devices subject to premarket approval. Rescinds the determination by the Secretary that human heart valves must undergo premarket approval.","title":"Human Tissue for Transplantation Act of 1993","text_len":19385,"sum_len":639} {"bill_id":"105_hr952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy \nAct of 1997''.\n\nSEC. 2. MISSION AND PURPOSES OF THE SYSTEM.\n\n (a) Mission.--The overall mission of the National Wildlife Refuge \nSystem (in this Act referred to as the ``System'') is to preserve a \nnetwork of lands and waters for the conservation and management of \nfish, wildlife, and plants of the United States for the benefit of \npresent and future generations.\n (b) Purposes.--The purposes of the System are--\n (1) to conserve, manage, and where appropriate, restore \n fish and wildlife habitats so as to provide, in perpetuity, for \n the diversity of fish, wildlife, and plants and the ecological \n processes that sustain them;\n (2) to provide a diverse national network of lands and \n waters designed to conserve and manage, in perpetuity, fish, \n wildlife, and plants of the United States, and their habitats;\n (3) to conserve and manage migratory birds, endangered \n species, anadromous or interjurisdictional fish species, marine \n mammals, and other fish, wildlife, and plants; and\n (4) to fulfill international treaty obligations of the \n United States with respect to fish, wildlife, and plants, and \n their habitats.\n\nSEC. 3. PRIORITY USES.\n\n The priority public uses of the System are wildlife observation and \nphotography, hunting, fishing, and environmental education and \ninterpretation.\n\nSEC. 4. ADMINISTRATION OF THE SYSTEM.\n\n In administering the System, the Secretary of the Interior shall--\n (1) ensure that the mission and purposes of the System \n described in section 2 and the purposes of each refuge are \n carried out, except that if a conflict exists between the \n primary purpose of a National Wildlife Refuge and any purpose \n of the System, the conflict shall be resolved in a manner that \n first fulfills the primary purpose of the refuge, and, to the \n extent practicable, also achieves the purposes of the System;\n (2) ensure that opportunities for the uses described in \n section 3 receive priority attention in planning and management \n within the System, consistent with the mission and purposes of \n the System described in sections 2(a) and (b);\n (3) plan, propose, and direct expansion of the System--\n (A) to accomplish the mission and purposes of the \n System and the purposes of each National Wildlife \n Refuge; and\n (B) to contribute to the conservation of the \n ecosystems of the United States; and\n (4) inventory and monitor the status and trends of fish, \n wildlife, and plants in each National Wildlife Refuge.\n\nSEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.\n\n (a) General Rule.--Except as provided in subsection (b), effective \nbeginning on the date that is 3 years after the date of enactment of \nthis Act, the Secretary shall not initiate or permit a new use of a \nNational Wildlife Refuge or expand, renew, or extend an existing \nallowed use unless the Secretary determines that the use is compatible \nwith the primary purposes of the refuge and the mission and purposes of \nthe System specified in section 2 of this Act. Such determinations \nshall--\n (1) be made in writing, be based on the best available \n scientific information, and represent the best professional \n judgment of the refuge officer involved;\n (2) be made after an opportunity has been provided for the \n public to review and comment on the evaluations;\n (3) where appropriate, be made concurrently with the \n development of a conservation plan for the refuge under section \n 6; and\n (4) be reevaluated when conditions under which the use is \n permitted change significantly or when there is significant new \n information regarding the effects of the use, but not less \n frequently than every 10 years.\n (b) Prior Identification for New Acquisitions.--On lands added to \nthe System after the date of enactment of this Act, the Secretary shall \nidentify, prior to acquisition, existing compatible priority public \nuses (as described in section 3) that shall be permitted to continue on \nan interim basis pending completion of comprehensive planning.\n\nSEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.\n\n (a) General Rule.--Except with respect to National Wildlife Refuge \nlands in Alaska (which shall be governed by the refuge planning \nprovision of the Alaska National Interest Lands Conservation Act (16 \nU.S.C. 3101 et seq.)), the Secretary shall--\n (1) propose a comprehensive conservation plan for each \n refuge or ecologically related complex of refuges consistent \n with section 2 of this Act within 15 years after the date of \n enactment of this Act and revise such plans not less frequently \n than every 15 years thereafter;\n (2) develop and implement a process to ensure an \n opportunity for active public involvement in the preparation \n and revision of conservation plans; and\n (3) manage each refuge in a manner consistent with the \n conservation plan for the refuge.\n (b) New Refuges.--With respect to any refuge established after the \ndate of enactment of this Act, the Secretary shall prepare a \nconservation plan for the refuge not later than 2 years after the \nSecretary has determined that sufficient land has been acquired to \nwarrant comprehensive planning.","summary":"Theodore Roosevelt Wildlife Legacy Act of 1997 - Declares the mission of the National Wildlife Refuge System to be to preserve a network of lands and waters for the conservation and management of US fish, wildlife, and plants for present and future generations. Establishes as the System's priority public uses: (1) wildlife observation and photography, (2) hunting, (3) fishing. And (4) environmental education and interpretation. Directs the Secretary of the Interior, in administering the System, to: (1) resolve any conflict between the primary purpose of a National Wildlife Refuge and any purpose of the System in a manner that first fulfills the primary purpose of the refuge. (2) plan, propose, and direct System expansion to accomplish the mission and purposes of the System and of each refuge and to contribute to the conservation of US ecosystems. And (3) inventory and monitor the status and trends of fish, wildlife, and plants in each refuge. Prohibits the Secretary, effective three years after enactment of this Act, from initiating or permitting a new use of a refuge or an expansion of an existing allowed use unless such use is compatible with the primary purposes of the refuge and the mission and purposes of the System. Directs the Secretary to: (1) propose within 15 years and revise every 15 years comprehensive conservation plans for each refuge in the System, except refuges in Alaska. (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of such plans. (3) manage each refuge in a manner consistent with its conservation plan. And (4) prepare a conservation plan for a refuge established after enactment of this Act not later than two years after the Secretary determines that sufficient land has been acquired to warrant comprehensive planning.","title":"Theodore Roosevelt Wildlife Legacy Act of 1997","text_len":5700,"sum_len":1842} {"bill_id":"108_hr3106","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Removal of Terrorist Criminal Aliens \nAct of 2003''.\n\nSEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.\n\n (a) In General.--Title II of the Immigration and Nationality Act (8 \nU.S.C. 1151 et seq.) is amended by inserting after section 238 the \nfollowing:\n\n``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.\n\n ``(a) In General.--The Secretary of Homeland Security, in such \nSecretary's discretion, may in the case of an alien described in \nsubsection (b), determine whether such alien is deportable and issue a \nfinal order of removal pursuant to the procedures set forth in this \nsection.\n ``(b) Aliens Described.--An alien is described in this subsection \nif--\n ``(1) the alien, whether or not admitted into the United \n States, was convicted of any criminal offense described in \n paragraph (2), (3)(B), or (6) of section 237(a) (without regard \n to the date of the commission of the offense); and\n ``(2) the Secretary of Homeland Security, in such \n Secretary's discretion and in consultation with appropriate \n heads of agencies of the executive branch, certifies that the \n alien is engaged in any activity that endangers the national \n security of the United States.\n ``(c) Execution of Order.--\n ``(1) In general.--The Secretary of Homeland Security, in \n such Secretary's discretion, may at any time execute any order \n described in subsection (a), except--\n ``(A) during the 14-day period commencing after the \n date on which such order is issued, in order that the \n alien has an opportunity to apply for judicial review \n under section 242, unless this subparagraph is waived \n by the alien; or\n ``(B) if the removal has been stayed under section \n 242(f)(2).\n ``(2) Review.--Notwithstanding any other provision of law, \n including section 2241 of title 28, United States Code, no \n court other than a court of appeals pursuant to its \n jurisdiction under section 242 of this Act shall have \n jurisdiction to review or set aside any order, action, or \n decision taken or issued pursuant to this section. Review in \n the court of appeals shall be limited to determining whether \n the petitioner is--\n ``(A) an alien; and\n ``(B) subject to a final judgment of conviction for \n an offense described in paragraph (2), (3)(B), or (6) \n of section 237(a).\n ``(d) Regulations.--Proceedings before the Secretary of Homeland \nSecurity under this section shall be in accordance with such \nregulations as such Secretary shall prescribe. Such regulations shall \nprovide that--\n ``(1) the alien shall be given reasonable notice of the \n grounds for removal alleged and of the opportunity described in \n paragraph (3);\n ``(2) the alien shall have the privilege of being \n represented (at no expense to the Government) by such counsel, \n authorized to practice in such proceedings, as the alien shall \n choose;\n ``(3) the alien shall have a reasonable opportunity to \n inspect the evidence and rebut the charges that the alien is \n subject to a final judgment of conviction for an offense \n described in paragraph (2), (3)(B), or (6) of section 237(a);\n ``(4) a determination shall be made on the record that the \n individual upon whom the notice for the proceeding under this \n section is served (either in person or by mail) is, in fact, \n the alien named in such notice;\n ``(5) a record shall be maintained for judicial review; and\n ``(6) the final order of removal may not be adjudicated by \n the same person who issues the charges.\n ``(e) Eligibility for Certain Relief.--No alien described in \nsubsection (b), regardless of whether the alien is subject to \nprocedures under this section or to proceedings under section 240, \nshall be eligible for withholding under section 241(b)(3) or for any \ndiscretionary relief from removal under the immigration laws of the \nUnited States.''.\n (b) Clerical Amendment.--The table of contents for the Immigration \nand Nationality Act is amended by inserting after the item relating to \nsection 238 the following:\n\n``238A. Expedited removal of terrorist criminal aliens.''.\n\nSEC. 3. ADDITIONAL REMOVAL AUTHORITIES.\n\n (a) In General.--Section 241(b) of the Immigration and Nationality \nAct (8 U.S.C. 1231(b)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``Attorney General'' each place \n such term appears and inserting ``Secretary of Homeland \n Security'';\n (B) in each of subparagraphs (A) and (B), by \n striking the period at the end and inserting ``unless, \n in the opinion of the Secretary of Homeland Security, \n removing the alien to such country would be prejudicial \n to the United States.''; and\n (C) by amending subparagraph (C) to read as \n follows:\n ``(C) Alternative countries.--If the alien is not \n removed to a country designated in subparagraph (A) or \n (B), the Secretary of Homeland Security may, in such \n Secretary's discretion, remove the alien to--\n ``(i) the country of which the alien is a \n citizen, subject, or national, unless the \n country prevents the alien from entering the \n country upon the alien's removal there; or\n ``(ii) any country whose government will \n accept the alien into that country.''; and\n (2) in paragraph (2)--\n (A) by striking ``Attorney General'' each place \n such term appears and inserting ``Secretary of Homeland \n Security'';\n (B) by amending subparagraph (D) to read as \n follows:\n ``(D) Alternative countries.--If the alien is not \n removed to a country designated under subparagraph \n (A)(i), the Secretary of Homeland Security may, in such \n Secretary's discretion, remove the alien to a country \n of which the alien is a subject, national, or citizen, \n unless--\n ``(i) the country prevents the alien from \n entering the country upon the alien's removal \n there; or\n ``(ii) in the opinion of the Secretary of \n Homeland Security, removing the alien to the \n country would be prejudicial to the United \n States.''; and\n (C) by amending subparagraph (E)(vii) to read as \n follows:\n ``(vii) Any country whose government will \n accept the alien into that country.''.\n (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the date of the enactment of this Act and shall apply to \nany deportation, exclusion, or removal on or after such date pursuant \nto any deportation, exclusion, or removal order, regardless of whether \nsuch order is administratively final before, on, or after such date.\n\nSEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY.\n\n Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. \n1227(a)(4)) is amended by adding at the end the following:\n ``(E) National security.--\n ``(i) Aliens other than lawful permanent \n residents.--An alien, other than an alien \n lawfully admitted for permanent residence, \n whose presence or activities in the United \n States the Attorney General or the Secretary of \n Homeland Security has reason to believe poses \n or pose a danger to the national security of \n the United States (as defined in section \n 219(c)(2)), is deportable.\n ``(ii) Delegation.--Delegation by the \n Attorney General and the Secretary of Homeland \n Security of authority to make determinations \n for the purpose of establishing deportability \n under this subparagraph shall be limited to the \n Deputy Attorney General and the Deputy \n Secretary of Homeland Security, respectively.\n ``(iii) Best available information.--In \n making determinations for the purpose of \n establishing whether an alien is deportable \n under this subparagraph, the Attorney General \n or the Deputy Attorney General, and the \n Secretary of Homeland Security or Deputy \n Secretary of Homeland Security, may take into \n account the best available information from the \n intelligence community, including confidential \n or national security information, and shall \n consult with appropriate heads of agencies of \n the executive branch.\n ``(iv) Judicial review.--A determination \n made under this subparagraph shall be affirmed \n if challenged in Federal court where a facially \n legitimate and bona fide reason in support of \n the determination is provided.\n ``(v) Relief and withholding.--An alien who \n is deportable under this subparagraph shall not \n be eligible for any discretionary relief from \n removal or for withholding of removal under \n section 241(b)(3). Notwithstanding any other \n provision of law, including section 2241 of \n title 28, United States Code, no court shall \n have jurisdiction to review a denial of relief \n or withholding made pursuant to this clause.''.","summary":"Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.","title":"To strengthen the law enabling the United States to expeditiously remove terrorist criminals, to add flexibility with respect to the places to which aliens may be removed, to give sufficient authority to the Secretary of Homeland Security and the Attorney General to remove aliens who pose a danger to national security, and for other purposes.","text_len":10859,"sum_len":651} {"bill_id":"104_hr1142","text":"SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.\n\n (a) Short Title.--This Act may be cited as the ``Alternative \nMinimum Tax Repeal Act of 1995''.\n (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. ALTERNATIVE MINIMUM TAX.\n\n (a) In General.--Part VI of subchapter A of chapter 1 of the \nInternal Revenue Code of 1986 (relating to alternative minimum tax) is \nhereby repealed.\n (b) Conforming Amendments.--\n (1) Subparagraph (B) of section 1(g)(7) (relating to \n election to claim certain unearned income of child on parent's \n return) is amended--\n (A) by inserting ``and'' at the end of clause (i),\n (B) by striking ``and'' and the end of clause (ii) \n and inserting a period, and\n (C) by striking clause (iii).\n (2) Subsection (d) of section 2 (relating to taxes imposed \n on nonresident aliens) is amended by striking ``sections 1 and \n 55'' and inserting ``section 1''.\n (3) Subsection (a) of section 5 (relating to cross \n references relating to tax on individuals) is amended by \n striking paragraph (4).\n (4) Subsection (d) of section 11 (relating to taxes imposed \n on foreign corporations) is amended by striking ``the taxes \n imposed by subsection (a) and section 55'' and inserting ``the \n tax imposed by subsection (a)''.\n (5) Section 12 (relating to cross references relating to \n tax on corporations) is amended by striking paragraph (7).\n (6) Section 26 (relating to limitation based on tax \n liability; definition of tax liability) is amended--\n (A) by amending subsection (a) to read as follows:\n ``(a) Limitation Based on Amount of Tax.--The aggregate amount of \ncredits allowed by this subpart for the taxable year shall not exceed \nthe taxpayer's regular tax liability for the taxable year.'',\n (B) in subsection (b)(2), by striking subparagraph \n (A) and by redesignating subparagraphs (B) through (N) \n as subparagraphs (A) through (M), respectively, and\n (C) by striking subsection (c).\n (7) Paragraph (3) of section 30(b) (relating to credit for \n qualified electric vehicles) is amended by striking ``the \n excess'' and all that follows and inserting ``the regular tax \n for the taxable year reduced by the sum of the credits \n allowable under subpart A and sections 27, 28, and 29.''\n (8) Subsection (h) of section 32 (relating to reduction of \n credit to taxpayers subject to alternative minimum tax) is \n hereby repealed.\n (9) Subsection (c) of section 38 (relating to business \n related credits) is amended--\n (A) by striking paragraphs (1) and (2) and \n inserting the following new paragraph:\n ``(1) In general.--The credit allowed under subsection (a) \n for any taxable year shall not exceed 25 percent of so much of \n the taxpayer's net regular tax liability as exceeds $25,000. \n For purposes of the preceding sentence, the term `net regular \n tax liability' means the regular tax liability reduced by the \n sum of the credits allowable under subparts A and B of this \n part.'', and\n (B) by redesignating paragraph (3) as paragraph \n (2).\n (10) Subsection (c) of section 53 is amended by striking \n ``the excess'' and all that follows and inserting ``the regular \n tax liability of the taxpayer for such taxable year reduced by \n the sum of the credits allowable under subparts A, B, D, E, and \n F of this part.''\n (11) Subsection (b) of section 59A (relating to \n environmental tax) is amended by adding at the end the \n following:\n``For purposes of this subsection, references to sections 55 and 56 \nshall be treated as references to such sections as in effect on the day \nbefore the date of the enactment of the Alternative Minimum Tax Repeal \nAct of 1995.''.\n (12)(A) Paragraph (2) of section 148(b) is amended by \n adding at the end the following new flush sentence:\n ``Such term shall not include any tax-exempt bond.''\n (B) Paragraph (3) of section 148(b) (relating to higher \n yield investments) is hereby repealed.\n (13) Subparagraph (B) of section 149(g)(3) (relating to \n hedge bonds) is amended by striking all that follows ``invested \n in bonds'' and inserting ``the interest on which is not \n includible in gross income under section 103.''\n (14) Section 173 (relating to circulation expenditures) is \n amended by striking ``(a) General Rule.--'' and by striking \n subsection (b).\n (15) Subsection (f) of section 174 (relating to research \n and experimental expenditures) is amended to read as follows:\n ``(f) Cross Reference.--\n\n ``For adjustments to basis of property \nfor amounts allowed as deductions as deferred expenses under subsection \n(b), see section 1016(a)(14).''\n (16) Subsection (c) of section 263 (relating to capital \n expenditures) is amended by striking ``59(e) or''.\n (17) Subsection (c) of section 263A (relating to \n capitalization and inclusion in inventory costs of certain \n expenses) is amended by striking paragraph (6).\n (18) Section 382(l) (relating to net operating loss \n carryforwards and certain built-in losses following ownership \n change) is amended by striking paragraph (7).\n (19) Section 443 (relating to adjustment in computing \n minimum tax and tax preferences) is amended by striking \n subsection (d) and by redesignating subsection (e) as \n subsection (d).\n (20) Section 617 (relating to deduction and recapture of \n certain mining exploration expenditures) is amended by striking \n subsection (i).\n (21) Subsections (b) and (c) of section 666 (relating to \n accumulation distribution of trust allocated to preceding \n years) are each amended by striking ``(other than the tax \n imposed by section 55)''.\n (22) Section 847 (relating to special estimated tax \n payments) is amended--\n (A) in paragraph (9), by striking the last \n sentence;\n (B) in paragraph (10), by inserting ``and'' at the \n end of subparagraph (A) and by striking subparagraph \n (B) and redesignating subparagraph (C) as subparagraph \n (B).\n (23) Section 848 (relating to capitalization of certain \n policy acquisition expenses) is amended by striking subsection \n (i) and by redesignating subsection (j) as subsection (i).\n (24) Paragraph (1) of section 871(b) (relating to tax on \n nonresident alien individuals) is amended by striking ``, \n 55,''.\n (25) Subsection (b) of section 877 (relating to \n expatriation to avoid tax) is amended by striking ``, 55,''.\n (26) Paragraph (1) of section 882(a) is amended by striking \n ``55,''.\n (27) Subsection (a) of section 897 (relating to disposition \n of investment in United States real property) is amended to \n read as follows:\n ``(a) Treatment as Effectively Connected With United States Trade \nor Business.--For purposes of this title, gain or loss of a nonresident \nalien individual or a foreign corporation from the disposition of a \nUnited States real property interest shall be taken into account--\n ``(1) in the case of a nonresident alien individual, under \n section 871(b)(1), or\n ``(2) in the case of a foreign corporation, under section \n 8872(a)(1),\nas if the taxpayer were engaged in a trade or business within the \nUnited States during the taxable year and as if such gain or loss were \neffectively connected with such trade or business.''\n (28) Subsection (j) of section 904 (relating to limitation \n on credit) is amended to read as follows:\n ``(j) Cross Reference.--\n\n ``For increase of limitation under \nsubsection (a) for taxes paid with respect to amounts received which \nwere included in the gross income of the taxpayer for a prior taxable \nyear as a United States shareholder with respect to a controlled \nforeign corporation, see section 960(b).''\n (29) Paragraph (1) of section 962(a) (relating to election \n by individuals to be subject to tax at corporate rates) is \n amended--\n (A) by striking ``sections 1 and 55'' and inserting \n ``section 1'', and\n (B) by striking ``sections 11 and 55'' and \n inserting ``section 11''.\n (30) Paragraph (20) of section 1016(a) (relating to \n adjustments to basis) is amended by inserting ``, as in effect \n on the day before the date of the enactment of the Alternative \n Minimum Tax Repeal Act of 1995'' after ``preferences)''.\n (31) Subsection (a) of section 1561 (relating to \n limitations on certain multiple tax benefits in the case of \n certain controlled corporations) is amended by striking the \n last sentence.\n (32) Subparagraph (A) of section 6425(c)(1) (defining \n income tax liability) is amended--\n (A) by inserting ``plus'' at the end of clause (i), \n and\n (B) by striking clause (ii) and by redesignating \n clause (iii) as clause (ii).\n (33) Section 6654(d)(2) (relating to failure by individual \n to pay estimated income tax) is amended--\n (A) in clause (i) of subparagraph (B), by striking \n ``, alternative minimum taxable income,'', and\n (B) in clause (i) of subparagraph (C), by striking \n ``, alternative minimum taxable income,''.\n (34) Subparagraph (C) of section 6662(e)(3) (relating to \n accuracy-related penalty) is amended by inserting ``, as in \n effect on the day before the date of the enactment of the \n Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''.\n (c) Clerical Amendments.--The table of parts for subchapter A of \nchapter 1 is amended by striking the item relating to part VI.\n (d) Effective Date.--The amendments made by this section shall take \neffect in taxable years beginning after December 31, 1994.","summary":"Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax.","title":"Alternative Minimum Tax Repeal Act of 1995","text_len":11081,"sum_len":116} {"bill_id":"113_s1414","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Oregon Coastal Land Conveyance \nAct''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--The term ``Federal land'' means the \n approximately 14,804 acres of Federal land, as generally \n depicted on the map entitled ``Oregon Coastal Land \n Conveyance'', and dated March 27, 2013.\n (2) Planning area.--The term ``planning area'' means land--\n (A) administered by the Director of the Bureau of \n Land Management; and\n (B) located in--\n (i) the Coos Bay District;\n (ii) the Eugene District;\n (iii) the Medford District;\n (iv) the Roseburg District;\n (v) the Salem District; and\n (vi) the Klamath Falls Resource Area of the \n Lakeview District.\n (3) Definition of public domain land.--\n (A) In general.--In this subsection, the term \n ``public domain land'' has the meaning given the term \n ``public lands'' in section 103 of the Federal Land \n Policy and Management Act of 1976 (43 U.S.C. 1702).\n (B) Exclusion.--The term ``public domain land'' \n does not include any land managed in accordance with \n the Act of August 28, 1937 (50 Stat. 874, chapter 876; \n 43 U.S.C. 1181a et seq.).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) Tribe.--The term ``Tribe'' means the Confederated \n Tribes of Coos, Lower Umpqua, and Siuslaw Indians.\n\nSEC. 3. CONVEYANCE.\n\n (a) In General.--Subject to valid existing rights, including \nrights-of-way, all right, title, and interest of the United States in \nand to the Federal land, including any improvements located on the \nFederal land, appurtenances to the Federal land, and minerals on or in \nthe Federal land, including oil and gas, shall be--\n (1) held in trust by the United States for the benefit of \n the Tribe; and\n (2) part of the reservation of the Tribe.\n (b) Survey.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall complete a survey of the boundary lines \nto establish the boundaries of the land taken into trust under \nsubsection (a).\n\nSEC. 4. MAP AND LEGAL DESCRIPTION.\n\n (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Secretary shall file a map and legal description of \nthe Federal land with--\n (1) the Committee on Energy and Natural Resources of the \n Senate; and\n (2) the Committee on Natural Resources of the House of \n Representatives.\n (b) Force and Effect.--The map and legal description filed under \nsubsection (a) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct any clerical or \ntypographical errors in the map or legal description.\n (c) Public Availability.--The map and legal description filed under \nsubsection (a) shall be on file and available for public inspection in \nthe Office of the Secretary.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--Unless expressly provided in this Act, nothing in \nthis Act affects any right or claim of the Tribe existing on the date \nof enactment of this Act to any land or interest in land.\n (b) Prohibitions.--\n (1) Exports of unprocessed logs.--Federal law (including \n regulations) relating to the export of unprocessed logs \n harvested from Federal land shall apply to any unprocessed logs \n that are harvested from the Federal land.\n (2) Non-permissible use of land.--Any real property taken \n into trust under section 3 shall not be eligible, or used, for \n any gaming activity carried out under Public Law 100-497 (25 \n U.S.C. 2701 et seq.).\n\nSEC. 6. FOREST MANAGEMENT.\n\n Any commercial forestry activity that is carried out on the Federal \nland shall be managed in accordance with all applicable Federal laws.\n\nSEC. 7. LAND RECLASSIFICATION.\n\n (a) Identification of Oregon and California Railroad Land.--Not \nlater than 180 days after the date of enactment of this Act, the \nSecretary of Agriculture and the Secretary shall identify any land \nowned by the Oregon and California Railroad that is conveyed under \nsection 3.\n (b) Identification of Public Domain Land.--Not later than 18 months \nafter the date of enactment of this Act, the Secretary shall identify \npublic domain land that--\n (1) is approximately equal in acreage and condition as the \n land identified under subsection (a); and\n (2) is located within the planning area.\n (c) Maps.--Not later than 2 years after the date of enactment of \nthis Act, the Secretary shall submit to Congress and publish in the \nFederal Register 1 or more maps depicting the land identified in \nsubsections (a) and (b).\n (d) Reclassification.--\n (1) In general.--After providing an opportunity for public \n comment, the Secretary shall reclassify the land identified in \n subsection (b) as land owned by the Oregon and California \n Railroad.\n (2) Applicability.--The Act of August 28, 1937 (50 Stat. \n 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land \n reclassified as land owned by the Oregon and California \n Railroad under paragraph (1)(B).","summary":"Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled quot, Oregon Coastal Land Conveyance,quot. Dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes.","title":"Oregon Coastal Land Conveyance Act","text_len":5656,"sum_len":853} {"bill_id":"113_hr4356","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Department of Veterans Affairs \nInformation Security Protection Act''.\n\nSEC. 2. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY \n IMPROVEMENTS.\n\n (a) Submittal of Quarterly Information Security Report to \nCongress.--Paragraph (14) of subsection (b) of section 5723 of title \n38, United States Code, is amended by inserting ``and to the Committees \non Veterans' Affairs of the Senate and House of Representatives'' after \n``to the Secretary''.\n (b) Plan for Addressing Known Information Security \nVulnerabilities.--Such subsection is further amended by adding at the \nend the following new paragraph:\n ``(17) Submitting to the Chairs and Ranking Members of the \n Committees on Veterans' Affairs of the Senate and House of \n Representatives, by not later than 30 days after the date of \n the enactment of this paragraph, and quarterly thereafter, a \n plan of action to address critical known information security \n vulnerabilities that includes--\n ``(A) specific milestones regarding timelines to \n address such vulnerabilities;\n ``(B) a summary of any reports provided to the \n Assistant Secretary for Information and Technology \n pursuant to subsection (e)(3) during the period covered \n by the report;\n ``(C) a discussion of any risk assessment analysis \n undertaken by the Department that led to the inclusion \n of any such vulnerability; and\n ``(D) a summary of such plan of action that could \n be made publicly available.''.\n (c) Plan for Replacing Outdated Operating Systems.--Such subsection \nis further amended by adding at the end the following new paragraph:\n ``(18) Submitting to the Committees on Veterans' Affairs of \n the Senate and House of Representatives, by not later than \n January 1 of each year, a plan for identifying and replacing \n operating systems of the Department that are out-of-date or \n unsupported and that includes--\n ``(A) requirements that such an operating system be \n removed from the network of the Department no later \n than 15 days after the date on which the operating \n system was identified as being out-of-date or \n unsupported; and\n ``(B) information concerning the number of systems \n so identified during the year preceding the year in \n which the report is submitted, when each such system \n was so identified, and when each system so identified \n was removed from the network of the Department.''.\n (d) Software Security.--Such subsection is further amended by \nadding at the end the following new paragraph:\n ``(19) Ensuring that any software or Internet applications \n used on systems by the Department are secure from \n vulnerabilities that could affect the confidentiality of \n sensitive personal information of veterans.''.\n\nSEC. 3. INFORMATION TECHNOLOGY REPORTING REQUIREMENTS.\n\n (a) In General.--Chapter 57 of title 38, United States Code, is \namended--\n (1) by redesignating sections 5727 and 5728 as sections \n 5729 and 5730, respectively; and\n (2) by inserting after section 5726 the following new \n sections:\n``Sec. 5727. Reporting requirements\n ``Not later than 30 days after the last day of each fiscal quarter, \nthe Secretary shall submit to the Committees on Veterans' Affairs of \nthe Senate and House of Representatives a report that includes the \nfollowing information for that fiscal quarter:\n ``(1) A detailed description of any incidents of failure to \n comply with established information security policies that \n occurred during that quarter.\n ``(2) Any actions taken in response to such an incident.\n ``(3) Any reports made under paragraphs (8) through (10) of \n subsection (b) of section 5723 of this title during that \n quarter.\n ``(4) Written certification that the requirements of \n section 5722(c) of this title were followed during that \n quarter.\n ``(5) A detailed discussion of whether each recommendation \n made by the National Institute of Standards and Technology, the \n Office of Management and Budget, or the Department of Homeland \n Security relating to information security have been implemented \n by the Department, and if not, an explanation of why such \n recommendation was not implemented.\n ``(6) Steps taken to ensure the security of the Veterans \n Health Information Systems and Technology Architecture of the \n Department that allows for an integrated inpatient and \n outpatient electronic health record for patients and provides \n administrative tools to employees of the Department taken \n during that quarter.\n``Sec. 5728. Information security strategic plan\n ``(a) Plan Required.--Not later than one year after the date of the \nenactment of this section, the Secretary, in consultation with the \nSecretary of Homeland Security, the Director of the Office of \nManagement and Budget, the Secretary of Defense, the Director of the \nNational Institute of Standards and Technology, the heads of other \nappropriate Federal agencies, veterans groups, and appropriate industry \nspecialists, shall submit to the Committees on Veterans' Affairs of the \nSenate and House of Representatives a strategic plan for improving the \ninformation security of the Department. Such plan shall address--\n ``(1) methods of protecting the sensitive personal \n information of veterans while not unduly interfering with the \n ability of the Department to provide benefits and services to \n veterans and their dependents;\n ``(2) how the Department can improve its compliance with \n information security requirements;\n ``(3) training and recruitment of employees with the \n necessary expertise and abilities in information security; and\n ``(4) the institutional capability of the Department to \n address information security threats and to implement best \n practices related to information security.\n ``(b) Biannual Updates.--The Secretary shall submit to the \nCommittees on Veterans' Affairs of the Senate and House of \nRepresentatives biannual updates to the plan required by subsection \n(a).''.\n (b) Clerical Amendments.--The table of sections at the beginning of \nsuch chapter is amended by striking the items relating to sections 5727 \nand 5728 and inserting the following new items:\n\n``5727. Reporting requirements.\n``5728. Information security strategic plan.\n``5729. Definitions.\n``5730. Authorization of appropriations.''.\n\nSEC. 4. REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS CONTRACTS FOR \n DATA PROCESSING OR MAINTENANCE.\n\n (a) In General.--Section 5725(a) of title 38, United States Code, \nis amended--\n (1) in paragraph (2), by striking the period and inserting \n ``; and''; and\n (2) by adding at the end the following new paragraph:\n ``(3) the contractor shall provide protective measures to \n safeguard from possible information security threats any \n information provided by the Department that will be resident on \n or transiting through information systems controlled by the \n contractor.''.\n (b) Applicability.--Paragraph (3) of section 5725(a) of title 38, \nUnited States Code, shall apply with respect to a contract entered into \nafter the date of the enactment of this Act.","summary":"Department of Veterans Affairs Information Security Protection Act - Requires the Assistant Secretary of Veterans Affairs for Information and Technology to submit to the congressional veterans committees quarterly reports on Department of Veterans Affairs (VA) compliance with federally-required information security improvements. Directs the Assistant Secretary to submit to such committees: (1) quarterly, a plan of action to address critical known VA information security vulnerabilities. And (2) annually, a plan for identifying and replacing VA operating systems that are out-of-date or unsupported. Requires the Assistant Secretary to ensure that any software or Internet applications used on VA operating systems are secure from vulnerabilities that could affect the confidentiality of sensitive personal information on veterans. Directs the Secretary to report, quarterly, to such committees on any incidents of failure to comply with established information security policies, any actions taken in response to such incidents, and certain related information. Requires the Secretary to submit a strategic plan for improving VA information security and to update such plan at least every two years. Requires VA contractors with access to sensitive personal information to provide protective measures to safeguard from possible information security threats any information provided by the VA that will be resident on, or transiting through, information systems controlled by that contractor.","title":"Department of Veterans Affairs Information Security Protection Act","text_len":7922,"sum_len":1497} {"bill_id":"108_s2569","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Junk Fax Prevention Act of 2004''.\n\nSEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED \n ADVERTISEMENTS.\n\n (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the \nCommunications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read \nas follows:\n ``(C) to use any telephone facsimile machine, \n computer, or other device to send, to a telephone \n facsimile machine, an unsolicited advertisement--\n ``(i) to a person who has made a request to \n such sender that complies with the requirements \n under paragraph (2)(D), not to send future \n unsolicited advertisements to a telephone \n facsimile machine; or\n ``(ii) to a person not described in clause \n (i), unless--\n ``(I) the sender has an established \n business relationship (which term, for \n purposes of this subclause, shall have \n the meaning given the term in section \n 64.1200 of the Commission's \n regulations, as in effect on January 1, \n 2003, except that such term shall apply \n to a business subscriber in the same \n manner in which it applies to a \n residential subscriber) with such \n person; and\n ``(II) the unsolicited \n advertisement contains a conspicuous \n notice on the first page of the \n unsolicited advertisement that--\n ``(aa) states that the \n recipient may make a request to \n the sender of the unsolicited \n advertisement not to send any \n future unsolicited \n advertisements to such \n telephone facsimile machine and \n that failure to comply, within \n the shortest reasonable time, \n as determined by the \n Commission, with such a request \n meeting the requirements under \n paragraph (2)(D) is unlawful;\n ``(bb) sets forth the \n requirements for a request \n under paragraph (2)(D); and\n ``(cc) includes a domestic \n contact telephone and facsimile \n number for the recipient to \n transmit such a request to the \n sender, neither of which may be \n a number for a pay-per-call \n service (as such term is \n defined in section 228(i)); any \n number supplied shall permit an \n individual or business to make \n a do-not-fax request during \n regular business hours; or''.\n (b) Request to Opt-Out of Future Unsolicited Advertisements.--\nParagraph (2) of section 227(b) of the Communications Act of 1934 (47 \nU.S.C. 227(b)(2)) is amended--\n (1) in subparagraph (B), by striking ``and'' at the end;\n (2) in subparagraph (C), by striking the period at the end \n and inserting a semicolon; and\n (3) by adding at the end the following new subparagraphs:\n ``(D) shall provide, by rule, that a request not to \n send future unsolicited advertisements to a telephone \n facsimile machine complies with the requirements under \n this subparagraph only if--\n ``(i) the request identifies the telephone \n number of the telephone facsimile machine to \n which the request relates;\n ``(ii) the request is made to the telephone \n or facsimile number of the sender of such an \n unsolicited advertisement provided pursuant to \n paragraph (1)(C)(ii)(II)(cc) or by any other \n method of communication as determined by the \n Commission; and\n ``(iii) the person making the request has \n not, subsequent to such request, provided \n express invitation or permission to the sender, \n in writing or otherwise, to send such \n advertisements to such person at such telephone \n facsimile machine; and\n ``(E) may, in the discretion of the Commission and \n subject to such conditions as the Commission may \n prescribe, allow professional trade associations that \n are tax-exempt nonprofit organizations to send \n unsolicited advertisements to their members in \n furtherance of the association's tax-exempt purpose \n that do not contain the notice required by paragraph \n (1)(C)(ii)(II), except that the Commission may take \n action under this subparagraph only by regulation \n issued after notice and opportunity for public comment \n in accordance with section 553 of title 5, United \n States Code, and only if the Commission determines that \nsuch notice is not necessary to protect the right of the members of \nsuch trade associations to make a request to their trade associations \nnot to send any future unsolicited advertisements.''.\n (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of \nthe Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by \ninserting ``, in writing or otherwise'' before the period at the end.\n (d) Regulations.--Not later than 270 days after the date of the \nenactment of this Act, the Federal Communications Commission shall \nissue regulations to implement the amendments made by this section.\n\nSEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.\n\n Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is \namended by adding at the end the following new subsection:\n ``(g) Junk Fax Enforcement Report.--The Commission shall submit a \nreport to the Congress for each year regarding the enforcement of the \nprovisions of this section relating to sending of unsolicited \nadvertisements to telephone facsimile machines, which shall include the \nfollowing information:\n ``(1) The number of complaints received by the Commission \n during such year alleging that a consumer received an \n unsolicited advertisement via telephone facsimile machine in \n violation of the Commission's rules.\n ``(2) The number of such complaints received during the \n year on which the Commission has taken action.\n ``(3) The number of such complaints that remain pending at \n the end of the year.\n ``(4) The number of citations issued by the Commission \n pursuant to section 503 during the year to enforce any law, \n regulation, or policy relating to sending of unsolicited \n advertisements to telephone facsimile machines.\n ``(5) The number of notices of apparent liability issued by \n the Commission pursuant to section 503 during the year to \n enforce any law, regulation, or policy relating to sending of \n unsolicited advertisements to telephone facsimile machines.\n ``(6) For each such notice--\n ``(A) the amount of the proposed forfeiture penalty \n involved;\n ``(B) the person to whom the notice was issued;\n ``(C) the length of time between the date on which \n the complaint was filed and the date on which the \n notice was issued; and\n ``(D) the status of the proceeding.\n ``(7) The number of final orders imposing forfeiture \n penalties issued pursuant to section 503 during the year to \n enforce any law, regulation, or policy relating to sending of \n unsolicited advertisements to telephone facsimile machines.\n ``(8) For each such forfeiture order--\n ``(A) the amount of the penalty imposed by the \n order;\n ``(B) the person to whom the order was issued;\n ``(C) whether the forfeiture penalty has been paid; \n and\n ``(D) the amount paid.\n ``(9) For each case in which a person has failed to pay a \n forfeiture penalty imposed by such a final order, whether the \n Commission referred such matter to the Attorney General for \n recovery of the penalty.\n ``(10) For each case in which the Commission referred such \n an order to the Attorney General--\n ``(A) the number of days from the date the \n Commission issued such order to the date of such \n referral;\n ``(B) whether the Attorney General has commenced an \n action to recover the penalty, and if so, the number of \n days from the date the Commission referred such order \n to the Attorney General to the date of such \n commencement; and\n ``(C) whether the recovery action resulted in \n collection of any amount, and if so, the amount \n collected.''.\n\nSEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.\n\n (a) In General.--The Comptroller General of the United States shall \nconduct a study regarding complaints received by the Federal \nCommunications Commission concerning unsolicited advertisements sent to \ntelephone facsimile machines, which shall determine--\n (1) the number and nature of such complaints;\n (2) the number of such complaints that result in final \n agency actions by the Commission;\n (3) the length of time taken by the Commission in \n responding to such complaints;\n (4) the mechanisms established by the Commission to \n receive, investigate, and respond to such complaints;\n (5) the level of enforcement success achieved by the \n Commission and the Attorney General regarding such complaints;\n (6) whether complainants to the Commission are adequately \n informed by the Commission of the responses to their \n complaints; and\n (7) whether additional enforcement measures are necessary \n to protect consumers, including recommendations regarding such \n additional enforcement measures.\n (b) Additional Enforcement Remedies.--In conducting the analysis \nand making the recommendations required under paragraph (7) of \nsubsection (a), the Comptroller General shall specifically examine--\n (1) the adequacy of existing statutory enforcement actions \n available to the Commission;\n (2) the adequacy of existing statutory enforcement actions \n and remedies available to consumers;\n (3) the impact of existing statutory enforcement remedies \n on senders of facsimiles;\n (4) whether increasing the amount of financial penalties is \n warranted to achieve greater deterrent effect; and\n (5) whether establishing penalties and enforcement actions \n for repeat violators or abusive violations similar to those \n established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. \n 7703) would have a greater deterrent effect.\n (c) Report.--Not later than 270 days after the date of the \nenactment of this Act, the Comptroller General shall submit a report on \nthe results of the study under this section to Committee on Energy and \nCommerce of the House of Representatives and the Committee on Commerce, \nScience, and Transportation of the Senate.","summary":"Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person. And (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number for sending such a request. Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates. (2) the request is made to the telephone or fax number of the sender. And (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements. And (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.","title":"A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.","text_len":13021,"sum_len":1542} {"bill_id":"103_hr3093","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Fraud Prosecution Act of \n1993''.\n\nSEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD.\n\n (a) Offense.--Part I of title 18, United States Code, is amended by \ninserting after chapter 50A the following:\n\n ``CHAPTER 50B--HEALTH CARE FRAUD\n\n``Sec.\n``1101. Health care fraud.\n``1102. Illegal remunerations.\n``1103. Civil Action.\n``1104. Definitions.\n``Sec. 1101. Health care fraud\n ``(a) In General.--Whoever, in or affecting interstate commerce, \nknowingly--\n ``(1) executes, or attempts to execute, a scheme or \n artifice to defraud to obtain a health care payment; or\n ``(2) presents to any person any statement as part of, or \n in support of, a claim for a health care payment, knowing that \n such statement contains any false or misleading information \n concerning any fact or thing material to such claim;\nshall be fined under this title or imprisoned not more than 10 years, \nor both.\n ``(b) Aggravated Offenses.--In an offense under subsection (a) of \nthis section--\n ``(1) if the offender knowingly or recklessly \n causes serious bodily injury to an individual or \n knowingly or recklessly endangers the life of a person, \n the offender shall be fined under this title or \n imprisoned not more than 15 years, or both; and\n ``(2) if the offender knowingly or recklessly \n causes the death of an individual, the offender shall \n be fined under this title or imprisoned not more than \n 25 years, or both.\n``Sec. 1102. Illegal remunerations\n ``Whoever, in or affecting interstate commerce, knowingly solicits, \nreceives, offers, or provides anything of value--\n ``(1) for the referral of an individual to a person for the \n furnishing of any item or service for which a health care \n payment may be paid by a third party payer;\n ``(2) for recommending, or arranging for, the furnishing of \n any item or service for which a health care payment may be paid \n by a third party payer; or\n ``(3) which in effect reduces the cost of an item or \n service for which a health care payment may be paid by a third \n party payer, and then seeks that health care payment from the \n third party payer;\nwithout informing the third party payer fully about having done so and \nreflecting the amount of the thing of value in the claim for the health \ncare payment, shall be fined under this title or imprisoned not more \nthan 5 years, or both.\n``Sec. 1103. Civil action\n ``Any person injured in business or property by a violation of this \nchapter may in a civil action recover treble damages. The court may \naward the prevailing party a reasonable attorney's fee as a part of the \ncosts.\n``Sec. 1104. Definitions\n ``As used in this chapter--\n ``(1) the term `health care payment' means a payment for \n health care services or health care products, or the right to \n have a payment made by a third party payer for specified health \n care services or products; and\n ``(2) the term `third party payer' means any person, public \n or private, who undertakes to indemnify another against loss \n arising from a contingent or unknown event.''.\n (b) Clerical Amendment.--The table of chapters at the beginning of \npart I of title 18, United States Code, is amended by inserting after \nthe item relating to chapter 50A the following new item:\n\n``50B. Health care fraud.................................... 1101.''.\n\nSEC. 3. INJUNCTIONS FOR HEALTH CARE FRAUD.\n\n Section 1345(a) of title 18, United States Code, is amended--\n (1) in paragraph (1)(A), by striking ``or 1001'' and \n inserting ``1001, 1101, or 1102''; and\n (2) in paragraph (a)(2), by inserting ``a violation of \n section 1101 or 1102 of this title or'' after ``as a result \n of''.\n\nSEC. 4. CRIMINAL FORFEITURE OF FRAUD PROCEEDS.\n\n Section 982(a)(2)(B) of title 18, United States Code, is amended--\n (1) by inserting ``1101, 1102,'' after ``844,''; and\n (2) by striking ``or 1030'' and inserting ``1030, or \n 1347''.\n\nSEC. 5. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.\n\n Section 3059 of title 18, United States Code, is amended by adding \nat the end the following:\n ``(c)(1) The Attorney General may pay a reward of--\n ``(A) an amount determined under paragraph (2) of this \n subsection, in the case of an offense in which the United \n States is a victim and restitution or a civil recovery is \n obtained by the United States; or\n ``(B) not more than $100,000, in any other case;\nto any person who furnishes information or services that lead to a \nconviction under section 1101 or 1102 of this title.\n ``(2) The amount referred to in paragraph (1)(A) of this subsection \nis an amount equal to--\n ``(A) not more than 30 percent of the first $1,000,000 of \n the recovery;\n ``(B) not more than 20 percent of the next $4,000,000; and\n ``(C) not more than 5 percent of the remaining portion of \n the recovery.\n ``(3) An officer or employee of the United States or of a State or \nlocal government who furnishes information or renders services in the \nperformance of official duty is ineligible for a payment under this \nsubsection with respect to such information or services.''.\n\nSEC. 6. HEALTH CARE FRAUD TASK FORCES.\n\n (a) In General.--The Attorney General, in consultation with the \nSecretary of Health and Human Services, shall establish regional health \ncare fraud task forces (hereinafter in this section referred to as \n``task forces'').\n (b) Purpose.--The purpose of the task forces is to ensure that \nadequate resources are made available to identify, investigate, and \nprosecute health care fraud and to recover the proceeds of such fraud \nand other criminal activity against health insurers.\n (c) Duties.--Each such task force shall coordinate the \ninvestigative and prosecutorial efforts within their region, as \ndetermined by the Attorney General.\n (d) Participants.--The Federal agencies that shall participate in \nthe task forces are--\n (1) the Department of Justice (including the Federal Bureau \n of Investigation);\n (2) the Department of Health and Human Services (including \n the Food and Drug Administration and the Office of the \n Inspector General);\n (3) the Internal Revenue Service;\n (4) the United States Postal Inspection Service; and\n (5) the Veteran's Administration.\n (e) Locations.--The task forces shall be established in such cities \nas the Attorney General deems appropriate.\n (f) Objectives.--The objective of each task force shall be--\n (1) to target, investigate and prosecute individuals who \n organize, direct, finance, or are otherwise engaged in health \n care fraud;\n (2) to promote a coordinated health care fraud enforcement \n effort in each task force region, and to encourage maximum \n cooperation among all Federal agencies;\n (3) to work fully and effectively with State and local law \n enforcement agencies; and\n (4) to make full use of financial investigative techniques, \n on behalf of both public and private entities, to maximize \n recovery of proceeds of unlawful activities from persons who \n have committed health care fraud crimes or have engaged in \n other criminal activity in or against the health insurance \n industry.\n (g) Standards for Task Force Cases.--Each task force should focus \nupon significant investigations of major health care fraud cases, or \norganizations engaging in health care fraud, that warrant the \ninvolvement of more than one investigative agency or that require \nsignificant resources during the investigative stage.\n (h) Administration.--The administrative functions of the national \ntask force program will be performed by an executive office to be \nestablished within the Department of Justice in Washington, D.C. It \nshall be supervised by a Director, and the staff shall consist of \nprofessional and support staff deemed necessary for the performance of \nmanagement and administrative functions.\n (i) Oversight.--An Executive Review Board shall oversee the task \nforce program. It shall be composed of ranking officials from each of \nthe participating Federal agencies and the Advisory Committee of the \nUnited States Attorneys. Its role shall be to articulate policy, review \nallocation of resources and coordinate the development and maintenance \nof the task force program. The Board shall also be responsible for \nresolving policy disputes that cannot be resolved within or among the \nregional task forces or the participating agencies. The Board shall \nmeet no less frequently than quarterly.\n (j) Guidelines.--The Attorney General shall, in consultation with \nthe Executive Review Board, establish guidelines for the operation and \nmanagement of the task force program.\n\nSEC. 7. NATIONAL HEALTH CARE FRAUD AND ABUSE DATA BASE.\n\n (a) In General.--The Attorney General, in consultation with the \nSecretary of Health and Human Services, shall establish a data base for \nthe reporting of final adverse actions against health care providers, \nsuppliers, or practitioners, in order to provide a central repository \nof such information to assist in the prevention, detection, and \nprosecution of health care fraud and abuse.\n (b) Reporting of Information.--\n (1) In general.--Each government agency and health care \n plan shall report any final adverse action taken against a \n health care provider, supplier, or practitioner.\n (2) Information to be reported.--The information to be \n reported under paragraph (1) includes the following:\n (A) The name of any health care provider, supplier, \n or practitioner who is the subject of a final adverse \n action.\n (B) The name (if known) of any health care entity \n with which a health care provider, supplier, or \n practitioner is affiliated or associated.\n (C) The nature of the final adverse action.\n (D) A description of the acts or omissions and \n injuries upon which the final adverse action was based, \n and such other information as required by the Attorney \n General.\n (3) Confidentiality.--The Attorney General shall establish \n procedures to assure that the privacy of individuals receiving \n health care services is appropriately protected.\n (4) Form and manner of reporting.--The information required \n to be reported under this subsection shall be reported on a \n monthly basis and in such form and manner as determined by the \n Attorney General. Such information shall first be required to \n be reported on a date specified by the Attorney General.\n (5) To whom reported.--The information required to be \n reported under this subsection shall be reported to the \n Attorney General or such person or persons designated by the \n Attorney General.\n (c) Correction of Erroneous Information.--\n (1) Disclosure and correction.--The Attorney General shall \n provide for a procedure through which a person, to whom \n information within the data base established under this section \n pertains, may review that information and obtain the correction \n of errors pertaining to that person.\n (2) Other corrections.--Each Government agency and health \n care plan shall report corrections of information already \n reported about any final adverse action taken against a health \n care provider, supplier, or practitioner, in such form and \n manner as required by the Attorney General.\n (d) Access to Reported Information.--\n (1) Availability.--The information in this data base shall \n be available to the public, Federal and State government \n agencies, and health care plans pursuant to procedures \n established by the Attorney General.\n (2) Fees.--The Attorney General may establish reasonable \n fees for the disclosure of information in this data base.\n (e) Protection From Liability for Reporting.--No person or entity \nshall be held liable in any civil action with respect to any report \nmade as required by this section, without knowledge of the falsity of \nthe information contained in the report.\n (f) Definitions and Special Rules.--For purposes of this section:\n (1) The term ``final adverse action'' includes the \n following:\n (A) Civil judgments in Federal or State court \n related to the delivery of a health care item or \n service.\n (B) Federal or State criminal convictions related \n to the delivery of a health care item or service.\n (C) Actions by State or Federal agencies \n responsible for the licensing and certification of \n health care providers, suppliers, and licensed health \n care practitioners, including--\n (i) formal or official actions, such as \n revocation or suspension of a license (and the \n length of any such suspension), reprimand, \n censure or probation,\n (ii) any other loss of license of the \n provider, supplier, or practitioner, whether by \n operation of law, voluntary surrender or \n otherwise, or\n (iii) any other negative action or finding \n by such State or Federal agency that is \n publicly available information.\n (D) Exclusion from participation in Federal or \n State health care programs.\n (E) Any other actions as required by the Attorney \n General.\n (2) The terms ``licensed health care practitioner'', \n ``licensed practitioner'', and ``practitioner'' mean, with \n respect to a State, an individual who is licensed or otherwise \n authorized by the State to provide health care services (or any \n individual who, without authority holds himself or herself out \n to be so licensed or authorized).\n (3) The term ``health care provider'' means a provider of \n services as defined in section 1861(u) of the Social Security \n Act, and any entity, including a health maintenance \n organization, group medical practice, or any other entity \n listed by the Secretary in regulation, that provides health \n care services.\n (4) The term ``supplier'' means a supplier of health care \n items and services described in sections 1819 (a) and (b), and \n section 1861 of the Social Security Act.\n (5) The term ``Government agency'' includes--\n (A) The Department of Justice.\n (B) The Department of Health and Human Services.\n (C) Any other Federal agency that either \n administers or provides payment for the delivery of \n health care services, including, but not limited to the \n Department of Defense and the Veterans' Administration.\n (D) State law enforcement agencies.\n (E) State Medicaid fraud and abuse units.\n (F) State or Federal agencies responsible for the \n licensing and certification of health care providers \n and licensed health care practitioners.\n (6) The term ``health care plan'' has the meaning given to \n such term by section 1128(i) of the Social Security Act.\n (7) For purposes of paragraph (2), the existence of a \n conviction shall be determined under paragraph (4) of section \n 1128(j) of the Social Security Act.\n\nSEC. 8. NATIONAL HEALTH CARE FRAUD AND ABUSE HOTLINE.\n\n The Attorney General shall--\n (1) establish a national, toll-free health care fraud and \n abuse hotline to enable all persons, including health care \n consumers, providers, and insurers, to report (anonymously, if \n so desired) suspected instances of health care fraud or abuse;\n (2) provide for the appropriate referral of all information \n that is obtained through the hot line; and\n (3) assure that the public is provided adequate publicity \n about the existence and capabilities of the hotline.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated for fiscal year 1994 for \nthe purposes of carrying out this Act and the amendments made by this \nAct--\n (1) $23,000,000 for the Federal Bureau of Investigation to \n hire, equip, and train no fewer than 225 special agents and \n support staff to investigate health-care fraud cases;\n (2) $5,000,000 to hire, equip, and train no fewer than 50 \n assistant United States Attorneys and support staff to \n prosecute health-care fraud cases;\n (3) $6,000,000 to hire, equip, and train no fewer than 50 \n investigators in the Office of Inspector General, Department of \n Health and Human Services, to be devoted exclusively to health-\n care fraud cases;\n (4) $2,000,000 to establish, operate, and administer health \n care fraud task forces;\n (5) $2,000,000 to establish, operate, publicize, and \n administer the national health care fraud and abuse data base; \n and\n (6) $2,000,000 to establish, operate, publicize, and \n administer the national health care fraud and abuse hotline.\n\nSEC. 10. SCHEMES AND DEVICES RELATING TO EXPRESS AND OTHER COMMERCIAL \n CARRIER SERVICES.\n\n (a) In General.--Chapter 63 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1347. Express company fraud\n ``Whoever engages in any conduct with respect to a private or \ncommercial interstate carrier which, were that conduct engaged in with \nrespect to the Postal Service, would be a violation of section 1341 or \n1342 of this title, shall be punished as is provided under such section \nfor such violation.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 63 of title 18, United States Code, is amended by adding at the \nend the following new item:\n\n``1347. Express company fraud.''.\n\nSEC. 11. LAUNDERING OF MONETARY INSTRUMENTS.-\n\n Section 1956(c)(7)(D) of title 18, United States Code, is amended--\n (1) by inserting ``section 1101 or 1002 (relating to health \n care fraud),'' after ``875 (relating to interstate \n communications),''; and\n (2) by inserting ``section 1347 (relating to express \n company fraud),'' after ``1203 (relating to hostage taking),''.\n\n \n\nHR 3093 IH----2","summary":"Health Care Fraud Prosecution Act of 1993 - Amends the Federal criminal code to set penalties for: (1) knowingly executing a scheme or artifice to defraud to obtain a health care payment. Or (2) presenting a statement as part of, or in support of, a claim for health care payment, knowing that such statement contains false or misleading information concerning any material fact. Limits such penalties to a fine and ten years' imprisonment, unless the offender knowingly or recklessly caused: (1) serious bodily injury to, or endangered the life of, an individual. Or (2) caused the death of an individual . Sets forth provisions regarding illegal remunerations. Permits: (1) persons injured by violations of such provisions to recover treble damages in a civil action. And (2) the court to award the prevailing party a reasonable attorney fee. Makes provisions regarding injunctions against fraud and criminal forfeiture of fraud proceeds applicable to health care fraud. Authorizes the Attorney General to pay specified rewards for information leading to the prosecution and conviction of persons engaging in health care fraud, with exceptions. Directs the Attorney General to establish: (1) regional health care fraud task forces and a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners. And (2) a national, toll-free health care fraud and abuse hotline. Authorizes appropriations: (1) for the Federal Bureau of Investigation, US Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. And (2) to establish, operate, and administer health care task forces and the national health care fraud and abuse data base and hotline, and to publicize the data base and hotline. Amends the Federal criminal code to make: (1) activity which, if engaged in by the US Postal Service, would be a violation of mail fraud provisions, punishable to the same extent with respect to private or commercial interstate carriers. And (2) health care fraud and express company fraud predicates to violations of prohibitions against the laundering of monetary instruments.","title":"Health Care Fraud Prosecution Act of 1993","text_len":19695,"sum_len":2265} {"bill_id":"115_s983","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Helping to Encourage Real \nOpportunities (HERO) for At-Risk Youth Act''.\n\nSEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR \n CERTAIN YOUTH EMPLOYEES.\n\n (a) Expansion of Credit for Summer Youth.--\n (1) Credit allowed for year-round employment.--Section \n 51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--\n (A) by striking clauses (i) and (iii) and \n redesignating clauses (ii) and (iv) as clauses (i) and \n (ii), respectively;\n (B) in clause (i) (as so redesignated), by striking \n ``(or if later, on May 1 of the calendar year \n involved),'' and inserting ``, and''; and\n (C) by adding at the end the following new clause:\n ``(iii) who will be employed for not more \n than 20 hours per week during any period \n between September 16 and April 30 in which such \n individual is regularly attending any secondary \n school.''.\n (2) Increase in credit amount.--Section 51(d)(7) of the \n Internal Revenue Code of 1986 is amended by striking \n subparagraph (B) and by redesignating subparagraph (C) as \n subparagraph (B).\n (3) Conforming amendments.--\n (A) Subparagraph (F) of section 51(d)(1) of the \n Internal Revenue Code of 1986 is amended by striking \n ``summer''.\n (B) Paragraph (7) of section 51(d) of such Code is \n amended--\n (i) by striking ``summer'' each place it \n appears in subparagraphs (A);\n (ii) in subparagraph (B), as redesignated \n by paragraph (2), by striking ``subparagraph \n (A)(iv)'' and inserting ``subparagraph \n (A)(ii)''; and\n (iii) by striking ``summer'' in the heading \n thereof.\n (b) Credit for At-Risk Youth.--\n (1) In general.--Paragraph (1) of section 51(d) of the \n Internal Revenue Code of 1986 is amended by striking ``or'' at \n the end of subparagraph (I), by striking the period at the end \n of subparagraph (J) and inserting ``, or'' , and by adding at \n the end the following new subparagraph:\n ``(K) an at-risk youth.''.\n (2) At-risk youth.--Paragraph (14) of section 51(d) of such \n Code is amended to read as follows:\n ``(14) At-risk youth.--The term `at-risk youth' means any \n individual who is certified by the designated local agency--\n ``(A) as--\n ``(i) having attained age 16 but not age 25 \n on the hiring date,\n ``(ii) as not regularly attending any \n secondary, technical, or post-secondary school \n during the 6-month period preceding the hiring \n date,\n ``(iii) as not regularly employed during \n such 6-month period, and\n ``(iv) as not readily employable by reason \n of lacking a sufficient number of basic skills, \n or\n ``(B) as--\n ``(i) having attained age 16 but not age 21 \n on the hiring date, and\n ``(ii) an eligible foster child (as defined \n in section 152(f)(1)(C)) who was in foster care \n during the 12-month period ending on the hiring \n date.''.\n (c) Effective Date.--The amendments made by this section shall \napply to individuals who begin work for the employer after the date of \nthe enactment of this Act.\n\nSEC. 3. EXTENSION OF EMPOWERMENT ZONES.\n\n (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue \nCode of 1986 is amended by striking ``December 31, 2016'' and inserting \n``December 31, 2019''.\n (b) Treatment of Certain Termination Dates Specified in \nNominations.--In the case of a designation of an empowerment zone the \nnomination for which included a termination date which is \ncontemporaneous with the date specified in subparagraph (A)(i) of \nsection 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect \nbefore the enactment of this Act), subparagraph (B) of such section \nshall not apply with respect to such designation if, after the date of \nthe enactment of this section, the entity which made such nomination \namends the nomination to provide for a new termination date in such \nmanner as the Secretary of the Treasury (or the Secretary's designee) \nmay provide.","summary":"Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school, increase the amount of the credit for youth employees, and expand the credit to include at-risk youth. An quot, at-risk youthquot. Is any individual who is certified by the designated local agency as: having attained age 16 but not age 25 on the hiring date, having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and not readily employable by reason of lacking a sufficient number of basic skills. The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date. The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones.","title":"Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act","text_len":5008,"sum_len":1232} {"bill_id":"110_s2474","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Emergency Port of Entry Personnel \nand Infrastructure Funding Act of 2007''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Northern border.--The term ``Northern border'' means \n the international border between the United States and Canada.\n (2) Port of entry.--The term ``port of entry'' includes \n land, air, and sea ports of entry into the United States.\n (3) Southern border.--The term ``Southern border'' means \n the international border between the United States and Mexico.\n\nSEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.\n\n (a) Staff Enhancements for Customs Officers.--In addition to \npositions authorized as of the date of the enactment of this Act, \nUnited States Customs and Border Protection shall hire, train, and \nassign to duty during fiscal years 2009 through 2012--\n (1) 2,000 full-time officers to serve on primary inspection \n lanes at land ports of entry on the Northern border and the \n Southern border;\n (2) 1,000 full-time officers to serve on primary inspection \n lanes at air and sea ports of entry on the Northern border and \n the Southern border;\n (3) 600 supervisory full-time officers to serve on the \n Northern border and the Southern border; and\n (4) 200 support staff for ports of entry along the Northern \n border and the Southern border.\n (b) Staff Enhancements for Customs Officers in Texas.--In addition \nto positions authorized on the date of the enactment of this Act, \nUnited States Customs and Border Protection shall hire, train, and \nassign to duty during fiscal years 2009 through 2012--\n (1) 750 full-time officers to serve on primary inspection \n lines at land ports of entry in Texas; and\n (2) 500 full-time officers to serve on primary inspection \n lines at air and sea ports of entry in Texas.\n (c) Waiver of FTE Limitation.--The Secretary of Homeland Security \nmay waive any limitation on the number of full-time equivalent \npersonnel assigned to the Department of Homeland Security in order to \nfulfill the requirements under subsections (a) and (b).\n (d) Secure Communication and Equipment.--The Secretary of Homeland \nSecurity shall, subject to the availability of appropriations for such \npurpose, ensure that all United States Customs and Border Protection \nagents and officers are equipped with secure 2-way communication and \nsatellite-enabled devices to ensure communication between agents and \nports of entry, patrol, and inspection stations, and other Federal, \nState, local and tribal law enforcement agencies.\n (e) Retention Incentives, Training, and Salaries.--\n (1) In general.--The Secretary of Homeland Security shall, \n subject to the availability of appropriations for such purpose, \n ensure that the requirements under this subsection are met.\n (2) Training.--\n (A) New hires.--All new United States Customs and \n Border Protection officers (including new supervisory \n officers) shall receive initial law enforcement \n training at the Federal Law Enforcement Center. Such \n training shall include--\n (i) at least 30 hours of training on \n immigration and nationality law;\n (ii) language training to ensure \n proficiency in Spanish and in any other \n language frequently used by aliens on the \n Southern border, unless such officers have \n already demonstrated proficiency in such \n languages;\n (iii) training on the law and standards \n governing the use of force in apprehension and \n detention of aliens; and\n (iv) training on ethics and substance \n abuse.\n (B) Existing cbp officers.--All existing United \n States Customs and Border Protection officers shall \n receive annual law enforcement training in a manner, \n and at such locations, as prescribed by the \n Commissioner of United States Customs and Border \n Protection. Such refresher training shall include--\n (i) at least 10 hours on immigration and \n nationality law, including recent changes \n through legislative action, litigation, \n administrative regulations, and policy \n interpretations of the Department of Homeland \n Security;\n (ii) refresher training on the law and \n standards governing the use of force in \n apprehension and detention of aliens; and\n (iii) training on ethics and substance \n abuse.\n (3) Recruitment and retention bonuses.--To the extent \n necessary to retain qualified United States Customs and Border \n Protection port of entry officers and border patrol agents, the \n Secretary may pay recruitment incentives that are not less than \n $5,000 and not more than $10,000.\n (4) Special rules for incentive payments.--\n (A) In general.--Any recruitment incentive payment \n shall be paid to each new employee, in a lump sum, \n after the employee has entered on duty and completed 6 \n months of service.\n (B) Retention incentives.--A retention incentive \n payment shall--\n (i) be paid to an employee, in a lump sum, \n at the end of the fiscal year in which the \n qualified employee is selected by the \n Secretary, or a delegate of the Secretary, for \n receipt of such payment;\n (ii) not be limited solely to work \n performance, but may be based on criteria such \n as--\n (I) longevity of service and \n experience;\n (II) comparative salaries for law \n enforcement officers in other Federal \n agencies; and\n (III) costs for replacement and \n training of a new employee;\n (iii) be contingent upon the selected \n employee signing an agreement, under penalty of \n perjury, to remain in Federal service at his or \n her current location for at least 3 years;\n (iv) be subject to reimbursement if the \n employee fails to complete the required 3 years \n of Federal service due to voluntary or \n involuntary separation from service.\n (f) Salaries.--Section 101(b) of the Enhanced Border Security and \nVisa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as \nfollows:\n ``(b) Authorization of Appropriations for CBP Employees.--There are \nauthorized to be appropriated to United States Customs and Border \nProtection such sums as may be necessary to increase, beginning January \n1, 2008, the annual rate of basic pay for United States Customs and \nBorder Protection employees who have completed at least 1 year of \nservice--\n ``(1) to the annual rate of basic pay payable for positions \n at GS-12 of the General Schedule under subchapter III of \n chapter 53 of title 5, United States Code, for officers and \n agents who have been paid at the annual rate of basic pay \n payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of \n the General Schedule;\n ``(2) to the annual rate of basic pay payable for positions \n at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of \n the General Schedule, for supervisory officers and supervisory \n border patrol agents who have been paid at an annual rate of \n pay payable for positions at GS-10, GS-11, or GS-12 of the \n General Schedule; and\n ``(3) to the annual rate of basic pay payable for positions \n at GS-8, GS-9, or GS-10, respectively, of the General Schedule, \n for assistants who have been paid at an annual rate of pay \n payable for positions at GS-5, GS-6, or GS-7 of the General \n Schedule.''.\n\nSEC. 4. PORTS OF ENTRY INFRASTRUCTURE.\n\n (a) In General.--The Secretary of Homeland Security may--\n (1) construct additional ports of entry along the Northern \n border and the Southern border; and\n (2) determine the location for new ports of entry, except \n as provided under subsection (c).\n (b) Consultation.--The Secretary of Homeland Security may designate \nlocations for new ports of entry after consultation with the Secretary \nof Interior, the Secretary of Agriculture, appropriate representatives \nof States, local governments, and Indian tribes, and property owners in \nthe United States. Such consultations shall be designed to minimize the \nimpact of the new ports of entry on the environment, culture, commerce, \nand quality of life for the communities and residents located near the \nproposed sites at which the such ports of entry will be constructed.\n (c) Expansion of Texas Ports of Entry.--\n (1) Eagle pass.--The Secretary shall expand the vehicle, \n cargo, and pedestrian inspection lanes at the Eagle Pass, Texas \n port of entry by 6 additional primary and secondary inspection \n lanes by the end of fiscal year 2012.\n (2) Laredo.--The Secretary shall expand the vehicle, cargo, \n and pedestrian inspection lanes at the Laredo, Texas port of \n entry by 6 additional primary and secondary inspection lanes by \n the end of fiscal year 2012.\n\nSEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE \n PAPERWORK REDUCTION ACT.\n\n (a) Administrative Procedures Act.--Chapter 5 of title 5, United \nStates Code (commonly known as the ``Administrative Procedure Act''), \nand any other law relating to rulemaking, information collection, or \npublication in the Federal Register, shall not apply to any action to \nimplement this Act, and the amendments made by this Act, to the extent \nthe Secretary of Homeland Security, the Secretary of State, the \nAttorney General, or the Secretary of Labor determines that compliance \nwith any such requirement would impede the expeditious implementation \nof this Act or the amendments made by this Act.\n (b) Paperwork Reduction Act.--Chapter 35 of title 44, United States \nCode (commonly known as the ``Paperwork Reduction Act''), shall not \napply to any action to implement this Act or the amendments made by \nthis Act to the extent the Secretary of Homeland Security, the \nSecretary of State, the Attorney General, or the Secretary of Labor \ndetermines that compliance with any such requirement would impede the \nexpeditious implementation of such Act or the amendments made by this \nAct.\n\nSEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.\n\n (a) In General.--Notwithstanding any other provision of law, in \nimplementing this Act--\n (1) the competition requirements under section 303 of the \n Federal Property and Administrative Services Act of 1949 (41 \n U.S.C. 253) shall not apply;\n (2) any executive agency entering into a contract to \n implement this Act may use noncompetitive procedures in \n accordance with section 303(c) of such Act;\n (3) the Secretary of Homeland Security may enter into \n contracts to implement the programs described in this Act in \n advance of the receipt of any fees imposed on any beneficiary \n or petitioner for benefits under this Act;\n (4) the Secretary may not collect fees in excess of the \n amount necessary to defray the costs of the programs described \n in this Act;\n (5) the Secretary may appoint employees on a term, \n temporary limited, or part-time basis without regard to--\n (A) the number of such employees;\n (B) the ratio between the number of such employees \n and the number of permanent full-time employees; and\n (C) the duration of such employees' employment; and\n (6) nothing in chapter 71 of title 5, United States Code, \n shall affect the authority of any Department of Homeland \n Security management official to hire employees under this \n subsection on a temporary limited or part-time basis.\n (b) Limitations on Judicial Review.--The determination of an \nexecutive agency under section 303 of the Federal Property and \nAdministrative Services Act (41 U.S.C. 253(c)) shall not be subject to \nchallenge by protest to--\n (1) the Government Accountability Office under subchapter V \n of chapter 35 of title 31, United States Code; or\n (2) the Court of Federal Claims under section 1491 of title \n 28, United States Code.\n (c) Reports.--Any executive agency exercising the authority granted \nunder subsections (a) and (b) shall--\n (1) immediately submit written notification to the \n Committee on the Judiciary of the Senate and the Committee on \n the Judiciary of the House of Representatives; and\n (2) submit a quarterly report on the estimated obligations \n incurred pursuant to the authority granted under subsection \n (b).\n\nSEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.\n\n Notwithstanding any other provision of law, the Secretary of \nHomeland Security may acquire a leasehold interest in real property, \nand may provide in a lease entered into under this section for the \nconstruction or modification of any facility on the leased property, if \nthe Secretary determines that the acquisition of such interest, and \nsuch construction or modification, are necessary to facilitate the \nimplementation of this Act.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--In addition to any funds otherwise available, \nthere are authorized to be appropriated--\n (1) such sums as may be necessary for each of the fiscal \n years 2009 through 2012 to carry out subsections (a) and (b) of \n section 3;\n (2) $10,000,000 for each of the fiscal years 2009 through \n 2012 to carry out section 3(d);\n (3) $30,000,000 for each of the fiscal years 2009 through \n 2012 to carry out section 3(e)(1);\n (4) $10,000,000 for each of the fiscal years 2009 through \n 2012 to carry out section 3(e)(3);\n (5) such sums as may be necessary to carry out section 3(f) \n for fiscal year 2008 and for each succeeding fiscal year; and\n (6) $400,000,000 for each of the fiscal years 2008 through \n 2010 to carry out section 4.\n (b) International Agreements.--In addition to any funds otherwise \nmade available, there are authorized to be appropriated $100,000,000 \nfor each of the fiscal years 2009 through 2012 for continued \nimplementation of--\n (1) the Secure Border Initiative, the Western Hemisphere \n Travel Initiative, and the US-VISIT program on the Northern \n border and the Southern border; and\n (2) the Customs-Trade Partnership Against Terrorism.","summary":"Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007 - Directs the US Customs and Border Protection for FY2009-FY2012 to hire, train, and assign additional customs and border protection personnel for the Northern and Southern US borders. Requires the Secretary of Homeland Security (Secretary) to ensure such personnel are equipped with secure two-way communication devices and that existing personnel and new hires receive law enforcement training. Authorizes the Secretary to: (1) construct additional ports of entry along the Northern and Southern US borders. And (2) determine the location for new US ports of entry. Requires expansion of the vehicle, cargo, and pedestrian inspection lanes at Eagle Pass, Texas, and Laredo, Texas. Exempts the provisions of this Act from: (1) the Administrative Procedures Act and the Paperwork Reduction Act. And (2) federal competitive contracting and hiring requirements. Authorizes appropriations, including for continued implementation of: (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program, and (2) the Customs-Trade Partnership Against Terrorism.","title":"A bill to provide additional resources and funding to address inspection delays at United States ports of entry on the Southern border, open additional inspection lanes, hire more inspectors, and provide recruitment and retention incentives for United States customs and Border Protection officers who serve on the Northern and Southern borders.","text_len":16013,"sum_len":1161} {"bill_id":"104_hr3659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Improvement Timber \nContract Extension Act of 1996''.\n\nSEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL \n FOREST.\n\n Title III of the Tongass Timber Reform Act (Public Law 101-626; 104 \nStat. 4430) is amended by adding at the end the following new section:\n\n``SEC. 302. 1996 CONTRACT MODIFICATIONS.\n\n ``(a) Definitions.--In this section:\n ``(1) The term `board feet' means net scribner long-log \n scale for all sawlogs and all hemlock and spruce utility grade \n logs.\n ``(2) The term `contract' means the timber sale contract \n numbered A10fs-1042 between the United States and the Ketchikan \n Pulp Company.\n ``(3) The term `contracting officer' means the Regional \n Forester of Region 10 of the United States Forest Service.\n ``(4) The term `mid-market criteria' means an appraisal \n that ensures an average timber operator will have a weighted \n average profit and risk margin of at least 60 percent of normal \n in a mid-market situation, representative of the most recent 10 \n years of actual market data.\n ``(5) The term `proportionality' means the proportion of \n high volume stands (stands of 30,000 or more board feet per \n acre) to low volume stands (stands of 8,000 to 30,000 board \n feet per acre).\n ``(6) The term `purchaser' means the Ketchikan Pulp \n Company.\n ``(b) Findings.--Congress finds the following:\n ``(1) On July 26, 1951, the Forest Service, on behalf of \n the United States, and the purchaser entered into a contract to \n harvest 8,250,000,000 board feet of timber from the Tongass \n National Forest in the State of Alaska. While the contract is \n scheduled to end June 30, 2004, it acknowledges an intention on \n the part of the Forest Service to supply adequate timber \n thereafter for permanent operation of the purchaser's \n facilities on a commercially sound and permanently economical \n basis. This legislation is necessary to effectuate that intent.\n ``(2) A pulp mill or similar facility is necessary in \n southeast Alaska to optimize the level of year-round, high-\n paying jobs in the area, to provide high value added use of \n low-grade wood and by-product material from sawmilling \n operations, and to maintain a stable regional economy.\n ``(3) The purchaser plans to make environmental and \n operational improvements to its pulp mill, including conversion \n to an elementally chlorine free bleaching process, expansion of \n wastewater treatment facilities, relocation of the existing \n wastewater outfall, and improvements to chemical recovery and \n power generation equipment. Total capital expenditures are \n estimated to be $200,000,000, $25,000,000 of which the \n purchaser has already invested.\n ``(4) Extension of the contract for 15 years is the minimum \n reasonable extension period to allow amortization of these \n environmental improvement and energy efficiency projects.\n ``(5) Ketchikan is the fourth largest city in Alaska. Its \n economic and job base are extremely dependent upon the \n continuation of the contract, which provides the principal \n source of year-round employment in the area. The purchaser has \n stated among its goals and objectives the following:\n ``(A) Continuation of a long-term commitment to \n Ketchikan and southeast Alaska, including maintenance \n of a stable Alaskan workforce, utilization of Alaskan \n contractors, vendors, and suppliers to permit those \n businesses to hire and maintain Alaskan employees.\n ``(B) Participation in the Forest Service's land \n management planning process with other users so that \n the process may be completed expeditiously with maximum \n information.\n ``(C) Adherence to sound principles of multiple-use \n and sustained yield of forest resources providing for \n the production of sustainable contract volumes for the \n purchaser and the other timber operators in southeast \n Alaska and the protection and promotion of other forest \n uses, including tourism, fishing, subsistence, hunting, \n mining, and recreation.\n ``(D) Protection of air, water, and land, including \n fish and wildlife habitat, through compliance with \n applicable Federal, State, and local laws.\n ``(E) Commitment to continue to explore new \n processes and technology to maximize the use of timber \n harvested and increase the value of products \n manufactured in southeast Alaska.\n ``(6) The national interest is served by a policy that \n accomplishes the proper stewardship of publicly owned assets in \n the Tongass National Forest, a fair return to the United States \n for public timber in the Tongass National Forest, and a proper \n balance among multiple use interests in the Tongass National \n Forest to enhance forest health, sustainable harvest, and the \n general economic health and growth in southeast Alaska and the \n United States in order to improve national economic benefits. \n The national interest is best achieved by fostering domestic \n forest product markets and by modifying the terms of the \n contract pursuant to subsection (c).\n ``(c) Contract Fairness Changes.--The contract is hereby modified \nas follows:\n ``(1) Extension.--The term of the contract is extended by \n 15 years from June 30, 2004.\n ``(2) Sale Offering plan.--The contract shall include a \n plan describing the amount of volume, location, and the \n schedule by which the purchaser shall receive the timber \n required by paragraph (3) for the remainder of the contract \n term. The plan shall be coordinated with the Tongass Land \n Management Plan.\n ``(3) Volume requirements.--The volume of timber required \n under the contract shall be provided in 5-year increments of \n 962,500,000 board feet, which the purchaser shall be obligated \n to harvest in an orderly manner, subject to the following:\n ``(A) Until March 1, 1999, when the next 5-year \n increment is provided to the purchaser, the Forest \n Service shall provide the purchaser with at least \n 192,500,000 board feet per year of available timber at \n a date certain each year and shall maintain a supply of \n timber adequate to insure the purchaser can reasonably \n harvest 192,500,000 board feet each year.\n ``(B) To ensure harvest in an orderly manner, the \n contracting officer shall provide for the construction \n by the purchaser of roads in portions of the 5-year \n increment area of timber in advance of the 5-year \n operating period by including such roads in the \n environmental impact statement prepared for the 5-year \n operating period.\n ``(C) Timber selected for inclusion in the 5-year \n increment shall meet the mid-market criteria.\n ``(4) Appraisals and rates.--The contracting officer shall \n perform appraisals using normal independent national forest \n timber sale procedures and designate rates for the increments \n of timber to be provided. The rates shall not be designated at \n a level that places the purchaser at a competitive disadvantage \n to a similar enterprise in the Pacific Northwest and those \n rates shall be the sole charges the purchaser shall be required \n to pay for timber provided.\n ``(5) Measurement of proportionality.--The Forest Service \n shall measure proportionality using the following criteria:\n ``(A) Measure for groups of all contiguous \n management areas.\n ``(B) Measure proportionality by acres.\n ``(C) Measure proportionality over the entire \n rotation age.\n ``(6) Conversion or replacement of pulp mill.--The \n purchaser may convert or replace, in part or in whole, its pulp \n mill with a facility the manufactures any other value added \n product that utilizes pulp logs as a raw material component.\n ``(7) Unilateral termination.--The unilateral termination \n clause of the contract is eliminated.\n ``(8) Subsequent modifications.--Any clause in the \n contract, as modified by this subsection, may be further \n modified only by mutual agreement of the Forest Service and the \n purchaser and may be so modified without further Act of \n Congress.\n ``(d) Effective Date for Contract Modification.--\n ``(1) Effective date.--The modifications made by subsection \n (c) shall take effect 45 days after the date of the enactment \n of the Environmental Improvement Timber Contract Extension Act \n of 1996.\n ``(2) Ministerial duty to modify the contract.--Not later \n than such effective date, the contracting officer shall revise, \n as a ministerial function, the text of the contract to conform \n with the modifications made by subsection (c) and implement the \n modified contract. The contracting officer shall make \n conforming changes to provisions of the contract that were not \n modified by subsection (c) in order to ensure that the \n modifications made by such subsection are implemented.\n ``(e) Transition Timber Supply.--Timber volume available or \nscheduled to be offered to the purchaser under the contract in effect \non the day before the date of the enactment of the Environmental \nImprovement Timber Contract Extension Act of 1996 shall continue to be \noffered and scheduled under the contract as modified by subsection (c) \nalong with such additional timber volume as is necessary to satisfy the \ntimber volume requirement of 192,500,000 board feet per year.''.","summary":"Environmental Improvement Timber Contract Extension Act of 1996 - Amends the Tongass Timber Reform Act to extend and modify the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.","title":"Environmental Improvement Timber Contract Extension Act of 1996","text_len":10702,"sum_len":252} {"bill_id":"108_hr1257","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Selected Reserve Home Loan Equity \nAct''.\n\nSEC. 2. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE \n SELECTED RESERVE.\n\n Section 3702(a)(2)(E) of title 38, United States Code, is amended \nby striking ``and ending on September 30, 2009,''.\n\nSEC. 3. UNIFORM HOME LOAN GUARANTY FEES FOR QUALIFYING MEMBERS OF THE \n SELECTED RESERVE AND ACTIVE DUTY VETERANS.\n\n (a) In General.--Paragraph (2) of section 3729(b) of title 38, \nUnited States Code, is amended to read as follows:\n ``(2) The loan fee table referred to in paragraph (1) is as \nfollows:\n\n ``LOAN FEE TABLE\n------------------------------------------------------------------------\n Type of loan Veteran Other obligor\n------------------------------------------------------------------------\n(A)(i) Initial loan described in 2.00 NA\n section 3710(a) to purchase or\n construct a dwelling with 0-down,\n or any other initial loan described\n in section 3710(a) other than with\n 5-down or 10-down (closed before\n October 1, 2011)...................\n------------------------------------------------------------------------\n(A)(ii) Initial loan described in 1.25 NA\n section 3710(a) to purchase or\n construct a dwelling with 0-down,\n or any other initial loan described\n in section 3710(a) other than with\n 5-down or 10-down (closed on or\n after October 1, 2011).............\n------------------------------------------------------------------------\n(B)(i) Subsequent loan described in 3.30 NA\n section 3710(a) to purchase or\n construct a dwelling with 0-down,\n or any other subsequent loan\n described in section 3710(a)\n (closed before October 1, 2011)....\n------------------------------------------------------------------------\n(B)(ii) Subsequent loan described in 2.15 NA\n section 3710(a) to purchase or\n construct a dwelling with 0-down,\n or any other subsequent loan\n described in section 3710(a)\n (closed on or after October 1, 2011\n and before October 1, 2013)........\n------------------------------------------------------------------------\n(B)(iii) Subsequent loan described 1.25 NA\n in section 3710(a) to purchase or\n construct a dwelling with 0-down,\n or any other subsequent loan\n described in section 3710(a)\n (closed on or after October 1,\n 2013)..............................\n------------------------------------------------------------------------\n(C)(i) Loan described in section 1.50 NA\n 3710(a) to purchase or construct a\n dwelling with 5-down (closed before\n October 1, 2011)...................\n------------------------------------------------------------------------\n(C)(ii) Loan described in section 0.75 NA\n 3710(a) to purchase or construct a\n dwelling with 5-down (closed on or\n after October 1, 2011).............\n------------------------------------------------------------------------\n(D)(i) Initial loan described in 1.25 NA\n section 3710(a) to purchase or\n construct a dwelling with 10-down\n (closed before October 1, 2011)....\n------------------------------------------------------------------------\n(D)(ii) Initial loan described in 0.50 NA\n section 3710(a) to purchase or\n construct a dwelling with 10-down\n (closed on or after October 1,\n 2011)..............................\n------------------------------------------------------------------------\n(E) Interest rate reduction 0.50 NA\n refinancing loan...................\n------------------------------------------------------------------------\n(F) Direct loan under section 3711.. 1.00 NA\n------------------------------------------------------------------------\n(G) Manufactured home loan under 1.00 NA\n section 3712 (other than an\n interest rate reduction refinancing\n loan)..............................\n------------------------------------------------------------------------\n(H) Loan to Native American veteran 1.25 NA\n under section 3762 (other than an\n interest rate reduction refinancing\n loan)..............................\n------------------------------------------------------------------------\n(I) Loan assumption under section 0.50 0.50\n 3714...............................\n------------------------------------------------------------------------\n(J) Loan under section 3733(a)...... 2.25 2.25''.\n------------------------------------------------------------------------\n\n\n (b) Conforming Amendments.--(1) Paragraph (4)(A) of such section is \namended to read as follows:\n ``(A) The term `veteran' means any veteran eligible for the \n benefits of this chapter.''.\n (2) Paragraph (4) of such section is amended by striking \nsubparagraph (B) and redesignating subparagraphs (C), (D), (E), (F), \n(G), (H), and (I) as subparagraphs (B), (C), (D), (E), (F), (G), and \n(H), respectively.\n\n Passed the House of Representatives May 21, 2003.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Selected Reserve Home Loan Equity Act - Makes permanent the authority for individuals who complete six years of service in the Selected Reserve to receive home loans guaranteed, insured, or made through the Department of Veterans Affairs. Prescribes uniform fees for members of the Selected Reserve and veterans eligible for such home loans through qualifying active duty service.","title":"To amend title 38, United States Code, to make permanent the authority for qualifying members of the Selected Reserve to have access to home loans guaranteed by the Secretary of Veterans Affairs and to provide for uniformity in fees charged qualifying members of the Selected Reserve and active duty veterans for such home loans.","text_len":5471,"sum_len":380} {"bill_id":"105_hr302","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rocky Mountain Nation Park \nWilderness Act of 1997''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n The Congress finds that--\n (1) it is in the national interest to include certain lands \n in Rocky Mountain National Park within the National Wilderness \n Preservation System so as to protect those lands' enduring \n scenic and historic wilderness character and unique wildlife \n and to preserve the lands' scientific, educational, \n recreational, and inspirational resources and challenges;\n (2) to fulfill the purposes of the wilderness designation \n of those lands, as expressed in this Act and the Wilderness Act \n of 1964 (16 U.S.C. 1131 et seq.), it is necessary for the \n United States to have rights to water within Rocky Mountain \n National Park; and\n (3) the existing rights of the United States to water \n within Rocky Mountain Park for national park purposes, which \n are being adjudicated in the courts of the State of Colorado, \n may be sufficient to fulfill the purposes of the wilderness \n designation of those lands.\n\nSEC. 3. WILDERNESS DESIGNATION AND MAPS.\n\n (a) Designation.--(1) In furtherance of the purposes of the \nWilderness Act (16 U.S.C. 1131 et seq.), certain lands in Rocky \nMountain National Park, Colorado, which comprise approximately 240,700 \nacres, as generally depicted on a man entitled ``Rocky Mountain \nNational Park Wilderness--Proposed'' and dated April 1996, are hereby \ndesignated as wilderness and, therefore, as components of the National \nWilderness Preservation System, and, together with the lands referred \nto in paragraph (2), shall be known as the Rocky Mountain National Park \nWilderness.\n (2) Those lands within the Indian Peaks Wilderness (as designated \nby Public Law 94-450 (92 Stat. 1099)) that were transferred to Rocky \nMountain National Park by section 111(a) of Public Law 96-580 (94 Stat. \n3272), which comprise approximately 2,917 acres, shall be included in, \nand administered as part of, the Rocky Mountain National Park \nWilderness designated by paragraph (1).\n (b) Map and Description.--As soon as practicable after the date of \nenactment of this Act, the Secretary of the Interior shall file a map \nand a boundary description of the area designated as wilderness by this \nsection with the Committee on Natural Resources of the United States \nHouse of Representatives and with the Committee on Energy and Natural \nResources of the United States Senate. That map and description shall \nhave the same force and effect and if included in this Act, except that \nthe Secretary is authorized to correct clerical and typographical \nerrors in such map and description. That map and boundary description \nshall be on file and available for public inspection in the office of \nthe Director of the National Park Service, Department of the Interior.\n\nSEC. 4. ADMINISTRATIVE PROVISIONS.\n\n (a) In General.--Subject to valid existing rights, lands designated \nas wilderness by this Act shall be managed by the Secretary of the \nInterior in accordance with the Wilderness Act and this Act, except \nthat, with respect to the wilderness area designated by this Act, any \nreference in the Wilderness Act to the effective date of the Wilderness \nAct shall be deemed to be a reference to the date of enactment of this \nAct.\n (b) Reserved Water Rights.--(1) Within the area designated as \nwilderness by section 3(a)(1), there is hereby reserved a quantity of \nwater sufficient to fulfill the purposes of that wilderness \ndesignation.\n (2) The priority date of the water rights reserved in paragraph (1) \nshall be the date of enactment of this Act.\n (3) The Secretary of the Interior and other appropriate officers of \nthe United States shall take all steps necessary to protect the rights \nreserved by paragraph (1), including the filing by the Secretary of a \nclaim for the quantification of such right in any present or future \nappropriate stream adjudication in the courts of the State of Colorado \nin which the United States has been or is hereafter properly joined in \naccordance with section 208 of the Act of July 10, 1952 (43 U.S.C. \n666), commonly referred to as the ``McCarran Amendment''.\n (4) The water rights reserved by paragraph (1) shall be in addition \nto any water rights which may have been previously reserved or \nappropriated by the United States in the State of Colorado before the \ndate of enactment of this Act.\n (5) In the case of any lands designated as wilderness by section \n3(a)(1) for which the United States has reserved rights for national \npark purposes to all the water within those lands that was \nunappropriated at the time those lands were included in Rocky Mountain \nNational Park, those existing rights shall be deemed sufficient to \nfulfill the purposes of the wilderness designation of those lands made \nby section 3(a)(1).\n (c) Colorado-Big Thompson Project.--This Act shall not be construed \nto prevent or impede activities under the surface of lands designated \nas wilderness by this Act to operate, maintain, repair, or replace the \nAlva B. Adams Tunnel of the Colorado-Big Thompson Project.\n (2) Section 1 of the Act of January 26, 1915 (16 U.S.C. 191; 38 \nStat. 798), is amended by striking the last sentence","summary":"Rocky Mountain National Park Wilderness Act of 1997 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System which, together with specified lands within the Indian Peaks Wilderness, shall be known as the Rocky Mountain National Park Wilderness. Reserves water rights in such area sufficient for purposes of the wilderness designation. Provides that this Act shall not be construed to prevent or impede activities under the surface of lands designated as wilderness by this Act to operate, maintain, repair, or replace the Alva B. Adams Tunnel of the Colorado-Big Thompson Project. Repeals provisions authorizing the Bureau of Reclamation to enter and utilize for flowage or other purposes areas within the Park which may be necessary for the development and maintenance of a Government reclamation project.","title":"Rocky Mountain National Park Wilderness Act of 1997","text_len":5405,"sum_len":880} {"bill_id":"105_s256","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Cheese Exchange Oversight \nand Improvement Act of 1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that the operation of the National Cheese \nExchange and other cash markets is of national concern and in need of \nFederal oversight because of the following:\n (1) The National Cheese Exchange, located in Green Bay, \n Wisconsin, is the dominant cash market for bulk cheese in the \n United States.\n (2) While less than 1 percent of the cheese produced in the \n United States is sold on the National Cheese Exchange, the \n price determined by the National Cheese Exchange acts as a \n reference price for as much as 95 percent of the commercial \n cheese transactions conducted in the United States.\n (3) A 3-year federally funded investigation into the \n activities of the National Cheese Exchange determined that the \n National Cheese Exchange is very thinly traded, highly \n concentrated, completely unregulated, and subject to \n manipulation.\n (4) The Coffee, Sugar, and Cocoa Exchange in New York, an \n exchange regulated by the Commodity Futures Trading Commission, \n trades futures contracts for cheese.\n (5) The low volume in trading of cheese futures contracts \n on the Coffee, Sugar, and Cocoa Exchange is partially related \n to concerns about the lack of viability, and potential for \n manipulation, in the dominant cash market for cheese, the \n National Cheese Exchange.\n (6) The National Cheese Exchange is completely unregulated \n by any Federal or State agency.\n (7) The Commodity Futures Trading Commission claims a lack \n of authority to regulate or oversee the National Cheese \n Exchange and similar cash markets.\n\nSEC. 3. COMMODITY FUTURES TRADING COMMISSION REGULATION OF NATIONAL \n CHEESE EXCHANGE AND SIMILAR CASH MARKETS.\n\n The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by \ninserting after section 20 (7 U.S.C. 24) the following new section:\n\n``SEC. 21. COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND \n SIMILAR CASH MARKETS.\n\n ``(a) Definition of Concentrated Cash Market.--In this section, the \nterm `concentrated cash market' means--\n ``(1) the National Cheese Exchange located in Green Bay, \n Wisconsin; and\n ``(2) a cash market for a commodity if the Commission \n determines that--\n ``(A) the cash market is geographically centralized \n in the form of a market or exchange;\n ``(B) the cash market is very thinly traded or \n highly illiquid;\n ``(C) the price established by the cash market \n functions as a reference price for a majority of \n commercial transactions off the cash market for the \n commodity being traded;\n ``(D) trading in the cash market is concentrated \n among relatively few buyers and sellers;\n ``(E) the cash market is substantially unregulated \n by any other regulatory structure (including State \n regulation or self-regulation);\n ``(F) a futures market regulated under this Act \n also exists for the commodity that is being traded on \n the cash market; and\n ``(G) the instability, illiquidity, or potential \n for manipulation for on the cash market could be a \n deterrent to the use of the futures market for that \n commodity.\n ``(b) Regulation of Concentrated Cash Markets.--In consultation \nwith the Secretary of Agriculture, the Commission shall regulate a \nconcentrated cash market under this Act until such time as the \nCommission determines that the concentrated cash market is not \nfunctioning as a reference price for a majority of commercial \ntransactions off the cash market for the commodity being traded on the \nconcentrated cash market.\n ``(c) Submission and Review of Operating Rules.--The Commission \nshall require a cash market that is subject to this section to--\n ``(1) Submission required.--The Commission shall require a \n concentrated cash market subject to regulation under subsection \n (b) to submit to the Commission for approval a set of rules \n governing the operation of the concentrated cash market; and\n ``(2) Time for submission.--In the case of the National \n Cheese Exchange, the operating rules required under this \n subsection shall be submitted not later than 90 days after the \n date of enactment of this section. In the case of other \n concentrated cash markets, the operating rules shall be \n submitted not later than 90 days after the date on which the \n Commission notifies the concentrated cash market that it is \n subject to regulation under this section.\n ``(3) Notification of commission action.--The Commission \n shall promptly review operating rules submitted by a \n concentrated cash market under this subsection to determine \n whether the rules are sufficient to govern the operation of the \n concentrated cash market. Not later than 60 days after \n receiving the rules from a concentrated cash market, the \n Commission shall notify the concentrated cash market of the \n result of the review, including whether the rules are approved \n or disapproved. If disapproved, the Commission shall provide \n such recommendations regarding changes to the rules as the \n Commission considers necessary to secure approval and provide a \n schedule for resubmission of the rules.\n ``(4) Subsequent rule changes.--A concentrated cash market \n may not change approved operating rules unless the proposed \n change is also submitted to the Commission for review and the \n Commission approves the change in the manner provided in \n paragraph (3).\n ``(d) Effect of Failure To Submit or Receive Approval of Rules.--\nBeginning 1 year after the date of the enactment of this section, the \nNational Cheese Exchange may operate only in accordance with rules \napproved by the Commission under subsection (c). In the case of other \nconcentrated cash markets, beginning 1 year after the date on which the \nconcentrated cash market is notified that it is subject to regulation \nunder this section, the concentrated cash market may operate only in \naccordance with rules approved by the Commission under subsection \n(c).''.","summary":"National Cheese Exchange Oversight and Improvement Act of 1997 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission to regulate a concentrated cash market , including the National Cheese Exchange in Green Bay, Wisconsin, until the Commission determines that the market is not functioning as a reference price for off-market transactions of the commodity being traded on such market.","title":"National Cheese Exchange Oversight and Improvement Act of 1997","text_len":6810,"sum_len":416} {"bill_id":"112_hr2539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Youth Summer Jobs Act of \n2011''.\n\nSEC. 2. GRANTS FOR SUMMER JOBS FOR OUT-OF-SCHOOL YOUTH PROGRAMS.\n\n (a) In General.--The Secretary of Labor, subject to the \navailability of appropriations, shall award competitive grants to \neligible entities for the purpose of providing job placement during the \nsummer for out-of-school youths.\n (b) Eligible Entity.--For purposes of this section, an eligible \nentity shall--\n (1) be a unit of general local government; and\n (2) submit to the Secretary an application at such time, in \n such manner, and containing such information as the Secretary \n may require.\n (c) Use of Funds.--\n (1) In general.--Amounts received as a grant under this \n section shall be used for providing summer employment for out-\n of-school youths that includes employment and job readiness \n activities, as determined by the Secretary, including work \n experiences and job placement.\n (2) Use of existing programs.--An eligible entity that \n operates an existing youth summer jobs program may use a grant \n received under this section to expand such program, in lieu of \n establishing a new program to provide job placement for youths, \n by providing under such program job training and support \n services, including health and nutrition referral, housing \n referral, financial literacy, and instruction on basic daily \n living skills.\n (d) Preference.--\n (1) In general.--In awarding grants under this section, the \n Secretary shall give preference to an eligible entity in a \n community where, for the period between 2002 and 2007, at least \n one of the following rates was higher than the national \n average:\n (A) High school dropout rate.\n (B) Poverty rate.\n (C) Juvenile offender rate.\n (D) Unemployment rate.\n (E) Industry-depletion rate.\n (2) Additional preference.--In awarding grants under this \n section, the Secretary shall give additional preference to an \n eligible entity that operates in a community where, for the \n period between 2002 and 2007, each rate listed under paragraph \n (1) was higher than the national average of each such rate.\n (e) Grant Terms.--\n (1) Duration.--A grant awarded under this section shall be \n for a term of not less than 5 years.\n (2) Grant amount.--The Secretary shall determine the amount \n of funds in a grant under this section.\n (3) Limitation on number of grants.--A grant recipient \n under this section shall not have more than 1 grant under this \n section at anytime. Once a grant term ends, the recipient of \n such grant may re-apply for a grant under this section.\n (4) Return of unobligated grant funds.--Not later than 30 \n days after the date on which a grant term ends, the eligible \n entity who received such grant shall return any unspent grant \n funds to the Secretary.\n (f) Reports.--\n (1) Eligible entity.--Not later than September 30 of each \n fiscal year for which an eligible entity receives a grant under \n this section, such entity shall submit to the Secretary a \n report describing the grant-funded program conducted by such \n entity. The report shall include an assessment of how such \n program improved the employability skills of out-of-school \n youths.\n (2) Secretary.--Not later than August 1 of each fiscal year \n for which a grant is awarded under this section, the Secretary \n shall submit a report to Congress on the effectiveness of each \n grant-funded program. Such report shall include an assessment \n of the effectiveness of such program to improve General \n Education Development attainment and job placement of out-of-\n school youths participating in such program.\n (g) Definitions.--In this section:\n (1) Eligible youth.--The term ``eligible youth'' means an \n individual who has attained age 14 but not age 22.\n (2) Out-of-school youth.--The term ``out-of-school youth'' \n means--\n (A) an eligible youth who is enrolled in a public \n or private secondary school; or\n (B) an eligible youth who has received a secondary \n school diploma or its equivalent but is basic-skills \n deficient, unemployed, or underemployed.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of Labor.\n (4) Unit of general local government.--The term ``unit of \n general local government'' has the meaning given the term in \n section 101 of the Workforce Investment Act of 1998 (29 U.S.C. \n 2801).\n (h) Authorization of Appropriations.--For grants under this \nsection, there are authorized to be appropriated to the Secretary the \nfollowing amounts:\n (1) $20,000,000 for fiscal year 2012.\n (2) $30,000,000 for fiscal year 2013.\n (3) $40,000,000 for fiscal year 2014.\n (4) $50,000,000 for fiscal year 2015.\n (5) $60,000,000 for fiscal year 2016.\n (6) $60,000,000 for fiscal year 2017.","summary":"National Youth Summer Jobs Act of 2011 - Directs the Secretary of Labor to award 5-year competitive grants to eligible local government units to provide summer employment, including job readiness activities, work experiences, and job placement, for out-of-school youths age 14 to 21 who are enrolled in a public or private secondary school or have received a secondary school diploma or its equivalent but are basic-skills deficient, unemployed, or underemployed. Allows eligible entities that operate existing youth summer jobs programs to use grants to expand their programs, in lieu of establishing new job placement programs, by providing job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills.","title":"To establish a competitive grant program for youth summer job placement.","text_len":5515,"sum_len":802} {"bill_id":"105_s341","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Bipartisan Commission on \nthe Future of Medicare Act of 1997''.\n\nSEC. 2. ESTABLISHMENT.\n\n There is established a commission to be known as the National \nBipartisan Commission on the Future of Medicare (referred to in this \nAct as the ``Commission'').\n\nSEC. 3. FINDINGS.\n\n The Congress finds that--\n (1) the medicare program under title XVIII of the Social \n Security Act (42 U.S.C. 1395 et seq.) provides essential health \n care coverage to this Nation's senior citizens and to \n individuals with disabilities;\n (2) the Federal Hospital Insurance Trust Fund established \n under that Act has been spending more than it receives since \n 1995, and will be bankrupt in the year 2001;\n (3) the Federal Hospital Insurance Trust Fund faces even \n greater solvency problems in the long run with the aging of the \n baby boom generation and the continuing decline in the number \n of workers paying into the medicare program for each medicare \n beneficiary;\n (4) the trustees of the trust funds of the medicare program \n have reported that growth in spending within the Federal \n Supplementary Medical Insurance Trust Fund established under \n that Act is unsustainable; and\n (5) expeditious action is needed in order to restore the \n financial integrity of the medicare program and to maintain \n this Nation's commitment to senior citizens and to individuals \n with disabilities.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n The Commission shall--\n (1) review and analyze the long-term financial condition of \n the medicare program under title XVIII of the Social Security \n Act (42 U.S.C. 1395 et seq.);\n (2) identify problems that threaten the financial integrity \n of the Federal Hospital Insurance Trust Fund and the Federal \n Supplementary Medical Insurance Trust Fund established under \n that title (42 U.S.C. 1395i, 1395t);\n (3) analyze potential solutions to the problems identified \n under paragraph (2) that will ensure both the financial \n integrity of the medicare program and the provision of \n appropriate benefits under such program;\n (4) make recommendations to restore the solvency of the \n Federal Hospital Insurance Trust Fund and the financial \n integrity of the Federal Supplementary Medical Insurance Trust \n Fund through the year 2030, when the last of the baby boomers \n reaches age 65;\n (5) make recommendations for establishing the appropriate \n financial structure of the medicare program as a whole;\n (6) make recommendations for establishing the appropriate \n balance of benefits covered and beneficiary contributions to \n the medicare program;\n (7) make recommendations for the time periods during which \n the recommendations described in paragraphs (4), (5), and (6) \n should be implemented; and\n (8) review and analyze such other matters as the Commission \n deems appropriate.\n\nSEC. 5. MEMBERSHIP.\n\n (a) Number and Appointment.--The Commission shall be composed of 15 \nmembers, of whom--\n (1) three shall be appointed by the President;\n (2) six shall be appointed by the Majority Leader of the \n Senate, in consultation with the Minority Leader of the Senate, \n of whom not more than 4 shall be of the same political party; \n and\n (3) six shall be appointed by the Speaker of the House of \n Representatives, in consultation with the Minority Leader of \n the House of Representatives, of whom not more than 4 shall be \n of the same political party.\n (b) Comptroller General.--The Comptroller General of the United \nStates shall advise the Commission on the methodology to be used in \nidentifying problems and analyzing potential solutions in accordance \nwith the duties of the Commission described in section 4.\n (c) Terms of Appointment.--The members shall serve on the \nCommission for the life of the Commission.\n (d) Meetings.--The Commission shall locate its headquarters in the \nDistrict of Columbia, and shall meet at the call of the Chairperson.\n (e) Quorum.--Ten members of the Commission shall constitute a \nquorum, but a lesser number may hold hearings.\n (f) Chairperson.--The Speaker of the House of Representatives, in \nconsultation with the Majority Leader of the Senate, shall designate 1 \nof the members appointed under subsection (a) as Chairperson of the \nCommission.\n (g) Vacancies.--A vacancy on the Commission shall be filled in the \nsame manner in which the original appointment was made not later than \n30 days after the Commission is given notice of the vacancy.\n (h) Compensation.--Members of the Commission shall receive no \nadditional pay, allowances, or benefits by reason of their service on \nthe Commission.\n (i) Expenses.--Each member of the Commission shall receive travel \nexpenses and per diem in lieu of subsistence in accordance with \nsections 5702 and 5703 of title 5, United States Code.\n\nSEC. 6. STAFF AND SUPPORT SERVICES.\n\n (a) Executive Director.--\n (1) Appointment.--The Chairperson shall appoint an \n executive director of the Commission.\n (2) Compensation.--The executive director shall be paid the \n rate of basic pay for level V of the Executive Schedule.\n (b) Staff.--With the approval of the Commission, the executive \ndirector may appoint such personnel as the executive director considers \nappropriate.\n (c) Applicability of Civil Service Laws.--The staff of the \nCommission shall be appointed without regard to the provisions of title \n5, United States Code, governing appointments in the competitive \nservice, and shall be paid without regard to the provisions of chapter \n51 and subchapter III of chapter 53 of such title (relating to \nclassification and General Schedule pay rates).\n (d) Experts and Consultants.--With the approval of the Commission, \nthe executive director may procure temporary and intermittent services \nunder section 3109(b) of title 5, United States Code.\n (e) Staff of Federal Agencies.--Upon the request of the Commission, \nthe head of any Federal agency may detail any of the personnel of such \nagency to the Commission to assist in carrying out the duties of the \nCommission.\n (f) Other Resources.--The Commission shall have reasonable access \nto materials, resources, statistical data, and other information from \nthe Library of Congress and agencies and elected representatives of the \nexecutive and legislative branches of the Federal Government. The \nChairperson of the Commission shall make requests for such access in \nwriting when necessary.\n (g) Physical Facilities.--The Administrator of the General Services \nAdministration shall locate suitable office space for the operation of \nthe Commission. The facilities shall serve as the headquarters of the \nCommission and shall include all necessary equipment and incidentals \nrequired for the proper functioning of the Commission.\n\nSEC. 7. POWERS OF COMMISSION.\n\n (a) Hearings.--The Commission may conduct public hearings or forums \nat the discretion of the Commission, at any time and place the \nCommission is able to secure facilities and witnesses, for the purpose \nof carrying out the duties of the Commission.\n (b) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n (c) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other Federal agencies.\n\nSEC. 8. REPORT.\n\n Not later than 1 year after the date of the enactment of this Act, \nthe Commission shall submit a report to the President and Congress \nwhich shall contain a detailed statement of the recommendations, \nfindings, and conclusions of the Commission.\n\nSEC. 9. TERMINATION.\n\n The Commission shall terminate on the date which is 30 days after \nthe date the Commission submits its report to the President and to \nCongress under section 8.\n\nSEC. 10. FUNDING.\n\n There is authorized to be appropriated to the Commission such sums \nas are necessary to carry out the purposes of this Act. Sums \nappropriated under this section shall be paid equally from the Federal \nHospital Insurance Trust Fund and from the Federal Supplementary \nMedical Insurance Trust Fund under title XVIII of the Social Security \nAct (42 U.S.C. 1395i, 1395t).","summary":"National Bipartisan Commission on the Future of Medicare Act of 1997 - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program under title XVIII of the Social Security Act. (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through 2030. (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits. And (4) make recommendations for establishing the appropriate financial structure of the Medicare program and for establishing the appropriate balance of benefits covered and beneficiary contributions to the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations.","title":"National Bipartisan Commission on the Future of Medicare Act of 1997","text_len":8674,"sum_len":905} {"bill_id":"108_s1083","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Children's Express Lane to Health \nCoverage Act of 2003''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Despite gains made in recent years, 8,900,000 children \n in the United States are uninsured. Of those, 6,900,000 are \n eligible for public health insurance coverage.\n (2) Most low-income uninsured children are enrolled in \n nutrition and related programs that operate under income \n guidelines similar to those of the medicaid program. In fact, \n 63 percent, or 4,300,000, low-income uninsured children are in \n families that receive benefits through the food stamps program, \n the National school lunch program, or the special supplemental \n nutrition program for women, infants and children (commonly \n referred to as ``WIC'').\n (3) The public would be well served if Federal means-tested \n public programs were able to improve administrative efficiency \n and coordination as well as reduce unnecessary bureaucracy.\n (4) Uninsured children would be well served if their \n enrollment in a nutrition-based or other means-tested program \n could serve as a gateway to health coverage.\n (5) Existing law already allows children to be found income \n eligible for WIC based on their enrollment in the medicaid \n program. Current law does not, however, give States adequate \n flexibility to make an income determination for eligibility for \n the medicaid or State children's health insurance program based \n on an uninsured child's enrollment in WIC or another public \n program.\n (b) Purpose.--The purpose of this Act is to give States the \nflexibility to find children income eligible for the medicaid program \nor State children's health insurance program based on the fact that the \nchildren are eligible for nutrition assistance or similar public \nprograms with comparable income standards and methodologies.\n\nSEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A \n CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE \n UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP.\n\n (a) Medicaid.--Section 1902(e) of the Social Security Act (42 \nU.S.C. 1396a(e)) is amended by adding at the end the following:\n ``(13)(A) At the option of the State, the plan may provide \n that financial eligibility requirements for medical assistance \n are met for an individual who is under an age specified by the \n State (not to exceed 21 years of age) by using a determination \n (made within a reasonable period, as found by the State, before \n its use for this purpose) of the individual's family or \n household income or resources, notwithstanding any differences \n in budget unit, disregard, deeming, or other methodology, by a \n Federal or State agency (or a public or private entity making \n such determination on behalf of such agency) specified by the \n plan, including but not limited to the agencies administering \n the Food Stamp Act of 1977, the Richard B. Russell National \n School Lunch Act, and the Child Nutrition Act of 1966, provided \n that such agency has fiscal liabilities or responsibilities \n affected or potentially affected by such determinations and \n provided that all information furnished by such agency pursuant \n to this subparagraph is used solely for purposes of determining \n eligibility for medical assistance under the State plan \n approved under this title or for child health assistance under \n a State plan approved under title XXI.\n ``(B) Nothing in subparagraph (A) shall be construed--\n ``(i) to authorize the denial of medical assistance \n under a State plan approved under this title or of \n child health assistance under a State plan approved \n under title XXI to an individual who, without the \n application of this paragraph or an option exercised \n thereunder, would qualify for such assistance;\n ``(ii) to relieve a State of the obligation under \n subsection (a)(8) to furnish assistance with reasonable \n promptness after the submission of an initial \n application that is evaluated or for which evaluation \n is requested pursuant to this paragraph; or\n ``(iii) to relieve a State of the obligation to \n determine eligibility on other grounds for an \n individual found to be ineligible under this paragraph.\n ``(C) At the option of a State, the financial eligibility \n process described in subparagraph (A) may apply to an \n individual who is older than age 21 if such individual's \n eligibility for medical assistance is based on pregnancy or if \n such individual is a parent, guardian, or other caretaker \n relative of an individual found eligible under subparagraph \n (A).''.\n (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 \nU.S.C. 1397gg(e)(1)) is amended by adding at the end the following:\n ``(E) Section 1902(e)(13) (relating to the State \n option to base a child's eligibility for assistance on \n financial determinations made by a program providing \n nutrition or other public assistance).''.\n (c) Effective Date.--The amendments made by this section take \neffect on October 1, 2003.","summary":"Children's Express Lane to Health Coverage Act of 2003 - Amends title XIX (Medicaid) and XXI (SCHIP) of the Social Security Act to give States the option of providing that Medicaid or SCHIP financial eligibility requirements are met for children based on their eligibility for nutrition assistance or similar public programs with comparable income standards and methodologies.","title":"A bill to give States the flexibility to reduce bureaucracy by streamlining enrollment processes for the medicaid and State children's health insurance programs through better linkages with programs providing nutrition and related assistance to low-income families.","text_len":5771,"sum_len":376} {"bill_id":"115_hr484","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Deter Revolving-door Appointments In \nour Nation; Stop Washington Appointees from becoming Manipulative \nPetitioners Act'' or the ``DRAIN the SWAMP Act''.\n\nSEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL \n APPOINTEES.\n\n (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.--\n (1) In general.--Section 207 of title 18, United States \n Code, is amended by striking subsections (c) and (d) and \n inserting the following:\n ``(c) Restrictions on Senior Personnel of the Executive Branch and \nIndependent Agencies.--\n ``(1) Restrictions.--In addition to the restrictions set \n forth in subsections (a) and (b), any person who is a political \n appointee of the executive branch of the United States \n (including an independent agency), and who, within 5 years \n after the termination of his or her service or employment as \n such a political appointee, knowingly makes, with the intent to \n influence, any communication to or appearance before any \n officer or employee of the department or agency in which such \n person served, on behalf of any other person (except the United \n States), in connection with any matter on which such person \n seeks official action by any officer or employee of such \n department or agency, shall be punished as provided in section \n 216 of this title.\n ``(2) Political appointee.--The term `political appointee' \n means an individual who is--\n ``(A) employed in a position described under \n sections 5312 through 5316 of title 5, United States \n Code (relating to the Executive Schedule);\n ``(B) a limited term appointee, limited emergency \n appointee, or noncareer appointee in the Senior \n Executive Service, as defined under paragraphs (5), \n (6), and (7), respectively, of section 3132(a) of title \n 5, United States Code; or\n ``(C) employed in a position of a confidential or \n policy-determining character under schedule C of \n subpart C of part 213 of title 5 of the Code of Federal \n Regulations.\n ``(3) Waiver.--At the request of a department or agency, \n the Director of the Office of Government Ethics may waive the \n restrictions contained in paragraph (1) with respect to any \n position, or category of positions, referred to in paragraph \n (2) in such department or agency if the Director determines \n that--\n ``(A) the imposition of the restrictions with \n respect to such position or positions would create an \n undue hardship on the department or agency in obtaining \n qualified personnel to fill such position or positions; \n and\n ``(B) granting the waiver would not create the \n potential for use of undue influence or unfair \n advantage.''.\n (2) Conforming amendments.--Section 207 of such title is \n amended--\n (A) in subsection (f)(1), by striking ``subsection \n (c), (d), or (e)'' and inserting ``subsection (c) or \n (e)'';\n (B) in subsection (h)(2), by striking ``subsection \n (c)(2)(A)(i) or (iii)'' and inserting ``subsection \n (c)(2)(A) or (C)''; and\n (C) in subsection (i)(1)(A), by striking \n ``subsections (a), (c), and (d)'' and inserting \n ``subsections (a) and (c)''.\n (b) Lifetime Ban on Serving as Agent of Foreign Government.--\n (1) Registration as agent.--The Foreign Agents Registration \n Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the \n end the following new section:\n\n``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES.\n\n ``(a) Prohibition.--No individual may register under this Act or \notherwise serve as the agent of a foreign principal if the individual \nat any time served as a political appointee (as defined in subsection \n(b)).\n ``(b) Political Appointee.--The term `political appointee' means an \nindividual who is--\n ``(1) employed in a position described under sections 5312 \n through 5316 of title 5, United States Code (relating to the \n Executive Schedule);\n ``(2) a limited term appointee, limited emergency \n appointee, or noncareer appointee in the Senior Executive \n Service, as defined under paragraphs (5), (6), and (7), \n respectively, of section 3132(a) of title 5, United States \n Code; or\n ``(3) employed in a position of a confidential or policy-\n determining character under schedule C of subpart C of part 213 \n of title 5 of the Code of Federal Regulations.''.\n (2) Other representation as foreign entity.--Section \n 207(f)(1)(A) of title 18, United States Code, is amended by \n inserting after ``within 1 year'' the following: ``(or, in the \n case of a person who is subject to the restrictions contained \n in subsection (c), at any time)''.\n (c) Effective Date.--\n (1) In general.--The amendments made by this section shall \n apply with respect to any individual whose service as a \n political appointee terminates on or after the date of the \n enactment of this Act.\n (2) Definition.--In paragraph (1), the term ``political \n appointee'' has the meaning given such term in section \n 207(c)(2) of title 18, United States Code (as amended by \n subsection (a)(1)), and section 12(b) of the Foreign Agents \n Registration Act of 1938 (as added by subsection (b)(1)).","summary":"Deter Revolving-door Appointments in our Nation. Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department. The term political appointee includes certain senior political officials compensated on the Executive Schedule. Limited term, limited emergency, and noncareer appointees in the Senior Executive Service. And employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.","title":"Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act","text_len":6004,"sum_len":980} {"bill_id":"110_s901","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Care Safety Net Act of \n2008''.\n\nSEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH SERVICE \n ACT.\n\n (a) Additional Authorizations of Appropriations for the Health \nCenters Program of Public Health Service Act.--Section 330(r) of the \nPublic Health Service Act (42 U.S.C. 254b(r)) is amended by amending \nparagraph (1) to read as follows:\n ``(1) In general.--For the purpose of carrying out this \n section, in addition to the amounts authorized to be \n appropriated under subsection (d), there are authorized to be \n appropriated--\n ``(A) $2,065,000,000 for fiscal year 2008;\n ``(B) $2,313,000,000 for fiscal year 2009;\n ``(C) $2,602,000,000 for fiscal year 2010;\n ``(D) $2,940,000,000 for fiscal year 2011; and\n ``(E) $3,337,000,000 for fiscal year 2012.''.\n (b) Studies Relating to Community Health Centers.--\n (1) Definitions.--For purposes of this subsection--\n (A) the term ``community health center'' means a \n health center receiving assistance under section 330 of \n the Public Health Service Act (42 U.S.C. 254b); and\n (B) the term ``medically underserved population'' \n has the meaning given that term in such section 330.\n (2) School-based health center study.--\n (A) In general.--Not later than 2 years after the \n date of enactment of this Act, the Comptroller General \n of the United States shall issue a study of the \n economic costs and benefits of school-based health \n centers and the impact on the health of students of \n these centers.\n (B) Content.--In conducting the study under \n subparagraph (A), the Comptroller General of the United \n States shall analyze--\n (i) the impact that Federal funding could \n have on the operation of school-based health \n centers;\n (ii) any cost savings to other Federal \n programs derived from providing health services \n in school-based health centers;\n (iii) the effect on the Federal Budget and \n the health of students of providing Federal \n funds to school-based health centers and \n clinics, including the result of providing \n disease prevention and nutrition information;\n (iv) the impact of access to health care \n from school-based health centers in rural or \n underserved areas; and\n (v) other sources of Federal funding for \n school-based health centers.\n (3) Health care quality study.--\n (A) In general.--Not later than 1 year after the \n date of enactment of this Act, the Secretary of Health \n and Human Services (referred to in this Act as the \n ``Secretary''), acting through the Administrator of the \n Health Resources and Services Administration, and in \n collaboration with the Agency for Healthcare Research \n and Quality, shall prepare and submit to the Committee \n on Health, Education, Labor, and Pensions of the Senate \n and the Committee on Energy and Commerce of the House \n of Representatives a report that describes agency \n efforts to expand and accelerate quality improvement \n activities in community health centers.\n (B) Content.--The report under subparagraph (A) \n shall focus on--\n (i) Federal efforts, as of the date of \n enactment of this Act, regarding health care \n quality in community health centers, including \n quality data collection, analysis, and \n reporting requirements;\n (ii) identification of effective models for \n quality improvement in community health \n centers, which may include models that--\n (I) incorporate care coordination, \n disease management, and other services \n demonstrated to improve care;\n (II) are designed to address \n multiple, co-occurring diseases and \n conditions;\n (III) improve access to providers \n through non-traditional means, such as \n the use of remote monitoring equipment;\n (IV) target various medically \n underserved populations, including \n uninsured patient populations;\n (V) increase access to specialty \n care, including referrals and \n diagnostic testing; and\n (VI) enhance the use of electronic \n health records to improve quality;\n (iii) efforts to determine how effective \n quality improvement models may be adapted for \n implementation by community health centers that \n vary by size, budget, staffing, services \n offered, populations served, and other \n characteristics determined appropriate by the \n Secretary;\n (iv) types of technical assistance and \n resources provided to community health centers \n that may facilitate the implementation of \n quality improvement interventions;\n (v) proposed or adopted methodologies for \n community health center evaluations of quality \n improvement interventions, including any \n development of new measures that are tailored \n to safety-net, community-based providers;\n (vi) successful strategies for sustaining \n quality improvement interventions in the long-\n term; and\n (vii) partnerships with other Federal \n agencies and private organizations or networks \n as appropriate, to enhance health care quality \n in community health centers.\n (C) Dissemination.--The Administrator of the Health \n Resources and Services Administration shall establish a \n formal mechanism or mechanisms for the ongoing \n dissemination of agency initiatives, best practices, \n and other information that may assist health care \n quality improvement efforts in community health \n centers.\n (4) GAO study on integrated health systems model for the \n delivery of health care services to medically underserved \n populations.--\n (A) Study.--The Comptroller General of the United \n States shall conduct a study on integrated health \n system models at not more than 10 sites for the \n delivery of health care services to medically \n underserved populations. The study shall include an \n examination of--\n (i) health care delivery models sponsored \n by public or private non-profit entities that--\n (I) integrate primary, specialty, \n and acute care; and\n (II) serve medically underserved \n populations; and\n (ii) such models in rural and urban areas.\n (B) Report.--Not later than 1 year after the date \n of the enactment of this Act, the Comptroller General \n of the United States shall submit to Congress a report \n on the study conducted under subparagraph (A). The \n report shall include--\n (i) an evaluation of the models, as \n described in subparagraph (A), in--\n (I) expanding access to primary and \n preventive services for medically \n underserved populations; and\n (II) improving care coordination \n and health outcomes; and\n (ii) an assessment of--\n (I) challenges encountered by such \n entities in providing care to medically \n underserved populations; and\n (II) advantages and disadvantages \n of such models compared to other models \n of care delivery for medically \n underserved populations.\n\nSEC. 3. NATIONAL HEALTH SERVICE CORPS.\n\n (a) Funding.--\n (1) National health service corps program.--Section 338(a) \n of the Public Health Service Act (42 U.S.C. 254k(a)) is amended \n by striking ``2002 through 2006'' and inserting ``2008 through \n 2012''.\n (2) Scholarship and loan repayment programs.--Section \n 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is \n amended by striking ``appropriated $146,250,000'' and all that \n follows through the period and inserting the following: \n ``appropriated--\n ``(1) for fiscal year 2008, $131,500,000;\n ``(2) for fiscal year 2009, $143,335,000;\n ``(3) for fiscal year 2010, $156,235,150;\n ``(4) for fiscal year 2011, $170,296,310; and\n ``(5) for fiscal year 2012, $185,622,980.''.\n (b) Elimination of 6-Year Demonstration Requirement.--Section \n332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is \namended by striking ``Not earlier than 6 years'' and all that follows \nthrough ``purposes of this section.''.\n (c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii) of the \nPublic Health Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is amended--\n (1) in subclause (IV), by striking ``and'';\n (2) in subclause (V), by striking the period at the end and \n inserting ``; and''; and\n (3) by adding at the end the following:\n ``(VI) the entity demonstrates willingness to \n support or facilitate mentorship, professional \n development, and training opportunities for Corps \n members.''.\n (d) Professional Development and Training.--Subsection (d) of \nsection 336 of the Public Health Service Act (42 U.S.C. 254h-1) is \namended to read as follows:\n ``(d) Professional Development and Training.--\n ``(1) In general.--The Secretary shall assist Corps members \n in establishing and maintaining professional relationships and \n development opportunities, including by--\n ``(A) establishing appropriate professional \n relationships between the Corps member involved and the \n health professions community of the geographic area \n with respect to which the member is assigned;\n ``(B) establishing professional development, \n training, and mentorship linkages between the Corps \n member involved and the larger health professions \n community, including through distance learning, direct \n mentorship, and development and implementation of \n training modules designed to meet the educational needs \n of offsite Corps members;\n ``(C) establishing professional networks among \n Corps members; or\n ``(D) engaging in other professional development, \n mentorship, and training activities for Corps members, \n at the discretion of the Secretary.\n ``(2) Assistance in establishing professional \n relationships.--In providing such assistance under paragraph \n (1), the Secretary shall focus on establishing relationships \n with hospitals, with academic medical centers and health \n professions schools, with area health education centers under \n section 751, with health education and training centers under \n section 752, and with border health education and training \n centers under such section 752. Such assistance shall include \n assistance in obtaining faculty appointments at health \n professions schools.\n ``(3) Supplement not supplant.--Such efforts under this \n subsection shall supplement, not supplant, non-government \n efforts by professional health provider societies to establish \n and maintain professional relationships and development \n opportunities.''.\n\nSEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS.\n\n Section 330A(j) of the Public Health Service Act (42 U.S.C. \n254c(j)) is amended by striking ``$40,000,000'' and all that follows \nand inserting ``$45,000,000 for each of fiscal years 2008 through \n2012.''.\n\n Passed the Senate July 21 (legislative day, July 17), 2008.\n\n Attest:\n\n Secretary.\n110th CONGRESS\n\n 2d Session\n\n S. 901\n\n_______________________________________________________________________\n\n AN ACT\n\n To amend the Public Health Service Act to reauthorize the Community \n Health Centers program, the National Health Service Corps, and rural \n health care programs.","summary":"Health Care Safety Net Act of 2008 - Amends the Public Health Service Act to reauthorize appropriations for FY2008-FY2012 for health centers to meet the health care needs of medically underserved populations. Requires the Comptroller General to study the economic costs and benefits of school-based health centers and their impact on the health of students, including an analysis of: (1) the impact that federal funding could have on the operation of such centers. (2) any cost savings to other federal programs derived from providing health services in such centers. And (3) the impact of such centers in rural or underserved areas. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to submit a report to the relevant congressional committees that describes efforts to expand and accelerate quality improvement activities in community health centers. Requires the Administrator to establish a mechanism for the dissemination of initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. Directs the Comptroller General to study integrated health system models for the delivery of health care services to medically underserved populations. Reauthorizes appropriations for FY2008-FY2012 for: (1) the National Health Service Corps program. And (2) the National Health Service Corps Scholarship Program and National Health Service Corps Loan Repayment Program. Repeals provisions requiring each center or clinic designated as having a health manpower shortage to demonstrate every six years that it meets the applicable requirements of the definition of a health professional shortage area. Revises requirements for assigning members of the Corps to a health professional shortage area to require that the Secretary determine that an entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members. Requires the Secretary to assist Corps members in establishing and maintaining professional relationships and developmental opportunities. Reauthorizes appropriations for FY2008-FY2012 for grants for expanded delivery of health care services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities.","title":"A bill to amend the Public Health Service Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs.","text_len":14809,"sum_len":2491} {"bill_id":"114_hr1472","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Integrated Public Alert and Warning \nSystem Modernization Act of 2015''.\n\nSEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.\n\n (a) Integrated Public Alert and Warning System Modernization.--\n (1) In general.--To provide timely and effective disaster \n warnings under this section, the President, acting through the \n Administrator of the Federal Emergency Management Agency, \n shall, except as provided in paragraph (4)--\n (A) modernize the integrated public alert and \n warning system of the United States (in this section \n referred to as the ``public alert and warning system'') \n to ensure that the President under all conditions is \n able to alert and warn governmental authorities and the \n civilian population in areas endangered by disasters; \n and\n (B) implement the public alert and warning system.\n (2) Implementation requirements.--In carrying out paragraph \n (1), the Administrator shall, consistent with the \n recommendations in the final report of the Integrated Public \n Alert and Warning System Advisory Committee (established under \n subsection (b))--\n (A) establish or adopt, as appropriate, common \n alerting and warning protocols, standards, terminology, \n and operating procedures for the public alert and \n warning system;\n (B) include in the public alert and warning system \n the capability to adapt the distribution and content of \n communications on the basis of geographic location, \n risks, or personal user preferences, as appropriate;\n (C) include in the public alert and warning system \n the capability to alert, warn, and provide the \n equivalent amount of information to individuals with \n disabilities and individuals with access and functional \n needs;\n (D) ensure that training, tests, and exercises are \n conducted for the public alert and warning system and \n that the system is incorporated into other training and \n exercise programs of the Department of Homeland \n Security, as appropriate;\n (E) establish and integrate into the National \n Incident Management System a comprehensive and periodic \n training program to instruct and educate Federal, \n State, tribal, and local government officials in the \n use of the Common Alerting Protocol enabled Emergency \n Alert System; and\n (F) ensure that the public alert and warning system \n is resilient, secure, and can withstand acts of \n terrorism and other external attacks.\n (3) System requirements.--Consistent with paragraph (1), \n the public alert and warning system shall--\n (A) incorporate multiple communications \n technologies;\n (B) be designed to adapt to, and incorporate, \n future technologies for communicating directly with the \n public;\n (C) to the extent technically feasible, be designed \n to provide alerts to the largest portion of the \n affected population, including nonresident visitors and \n tourists and individuals with disabilities and access \n and functional needs, and improve the ability of remote \n areas to receive alerts;\n (D) promote local and regional public and private \n partnerships to enhance community preparedness and \n response;\n (E) provide redundant alert mechanisms if \n practicable so as to reach the greatest number of \n people regardless of whether they have access to, or \n utilize, any specific medium of communication or any \n particular device; and\n (F) include a mechanism to ensure the protection of \n individual privacy.\n (4) Limitation on authority.--Nothing in this subsection \n authorizes or requires the Federal Emergency Management Agency \n or any other government entity to require any action on the \n part of the Federal Communications Commission, the Department \n of Commerce, the Office of Emergency Communications, or any \n nongovernmental entity, nor impact any existing obligations of \n such entities.\n (5) Implementation plan.--Not later than 180 days after the \n date of submission of the report of the Integrated Public Alert \n and Warning System Advisory Committee, the Administrator shall \n submit to the Committee on Transportation and Infrastructure \n and the Committee on Homeland Security of the House of \n Representatives and the Committee on Homeland Security and \n Governmental Affairs of the Senate a detailed plan to implement \n the public alert and warning system. The plan shall include a \n timeline for implementation, a spending plan, and \n recommendations for any additional authority that may be \n necessary to fully implement this subsection.\n (6) Funding.--There is authorized to be appropriated \n $12,824,000 of the amount made available pursuant to section \n 699 of the Post Katrina Emergency Management Reform Act of 2006 \n (Public Law 109-295; 6 U.S.C. 811) for each of fiscal years \n 2016, 2017, and 2018 to carry out the provisions of this \n section.\n (b) Integrated Public Alert and Warning System Advisory \nCommittee.--\n (1) Establishment.--Not later than 90 days after the date \n of enactment of this Act, the Administrator of the Federal \n Emergency Management Agency shall establish an advisory \n committee to be known as the Integrated Public Alert and \n Warning System Advisory Committee (in this subsection referred \n to as the ``Advisory Committee'').\n (2) Membership.--The Advisory Committee shall be composed \n of the following members (or their designees) to be appointed \n by the Administrator as soon as practicable after the date of \n enactment of this Act:\n (A) The Chairman of the Federal Communications \n Commission.\n (B) The Administrator of the National Oceanic and \n Atmospheric Administration of the Department of \n Commerce.\n (C) The Assistant Secretary for Communications and \n Information of the Department of Commerce.\n (D) The Director of the Office of Disability \n Integration and Coordination of the Federal Emergency \n Management Agency.\n (E) Representatives of State and local governments, \n representatives of emergency management agencies, and \n representatives of emergency response providers, \n selected from among individuals nominated by national \n organizations representing governments and personnel.\n (F) Representatives from federally recognized \n Indian tribes and national Indian organizations.\n (G) Individuals who have the requisite technical \n knowledge and expertise to serve on the Advisory \n Committee, including representatives of--\n (i) communications service providers;\n (ii) vendors, developers, and manufacturers \n of systems, facilities, equipment, and \n capabilities for the provision of \n communications services;\n (iii) third-party service bureaus;\n (iv) the broadcasting industry, including \n commercial and noncommercial radio and \n television stations;\n (v) the commercial mobile radio service \n industry;\n (vi) the cable industry;\n (vii) the satellite industry; and\n (viii) national organizations representing \n individuals with disabilities and access and \n functional needs and national organizations \n representing the elderly.\n (H) Qualified representatives of such other \n stakeholders and interested and affected parties as the \n Administrator considers appropriate.\n (3) Chairperson.--The Administrator shall serve as the \n Chairperson of the Advisory Committee.\n (4) Meetings.--\n (A) Initial meeting.--The initial meeting of the \n Advisory Committee shall take place not later than 120 \n days after the date of enactment of this Act.\n (B) Other meetings.--After the initial meeting, the \n Advisory Committee shall meet, at least annually, at \n the call of the Chairperson.\n (C) Notice; open meetings.--Meetings held by the \n Advisory Committee shall be duly noticed at least 14 \n days in advance and shall be open to the public.\n (D) Interested persons.--Interested persons shall \n be permitted to attend, appear before, or file \n statements with the Advisory Committee, in accordance \n with subsection (c) of section 552b of title 5, United \n States Code.\n (E) Meeting minutes.--The Advisory Committee shall \n keep detailed minutes of each meeting, which shall \n contain a record of the persons present, a complete and \n accurate description of matters discussed and \n conclusions reached, and copies of all reports \n received, issued, or approved by the Advisory \n Committee.\n (F) Availability of information.--The records, \n reports, transcripts, minutes, appendixes, working \n papers, drafts, studies, agenda, or other documents \n which were made available to or prepared for or by the \n Advisory Committee shall be available for public \n inspection and copying, subject to section 552 of title \n 5, United States Code, at a single location in the \n office of the Federal Emergency Management Agency until \n the Advisory Committee ceases to exist.\n (5) Rules.--\n (A) Quorum.--One-third of the members of the \n Advisory Committee shall constitute a quorum for \n conducting business of the Advisory Committee.\n (B) Subcommittees.--To assist the Advisory \n Committee in carrying out its functions, the \n Chairperson may establish appropriate subcommittees \n composed of members of the Advisory Committee and other \n subject matter experts as the Chairperson considers \n necessary.\n (C) Additional rules.--The Advisory Committee may \n adopt such other rules as are necessary to carry out \n its duties.\n (6) Consultation with nonmembers.--The Advisory Committee \n and the program offices for the integrated public alert and \n warning system for the United States shall regularly meet with \n groups that are not represented on the Advisory Committee to \n consider new and developing technologies that may be beneficial \n to the public alert and warning system. Such groups may \n include--\n (A) the Defense Advanced Research Projects Agency;\n (B) entities engaged in federally funded research; \n and\n (C) academic institutions engaged in relevant work \n and research.\n (7) Recommendations.--The Advisory Committee shall develop \n recommendations for an integrated public alert and warning \n system, including--\n (A) recommendations for common alerting and warning \n protocols, standards, terminology, and operating \n procedures for the public alert and warning system; and\n (B) recommendations to provide for a public alert \n and warning system that--\n (i) has the capability to adapt the \n distribution and content of communications on \n the basis of geographic location, risks, or \n personal user preferences, as appropriate;\n (ii) has the capability to alert and warn \n individuals with disabilities and individuals \n with limited English proficiency;\n (iii) incorporates multiple communications \n technologies;\n (iv) is designed to adapt to, and \n incorporate, future technologies for \n communicating directly with the public;\n (v) is designed to provide alerts to the \n largest portion of the affected population \n feasible, including nonresident visitors and \n tourists, and improve the ability of remote \n areas to receive alerts;\n (vi) promotes local and regional public and \n private partnerships to enhance community \n preparedness and response;\n (vii) provides redundant alert mechanisms \n if practicable in order to reach the greatest \n number of people regardless of whether they \n have access to, or utilize, any specific medium \n of communication or any particular device; and\n (viii) promotes the participation of \n representatives from traditionally underserved \n and underrepresented communities, to ensure \n that alerts and warnings reach such \n populations.\n (8) Initial and annual report.--Not later than 1 year after \n the date of enactment of this Act, the Advisory Committee shall \n submit to the Administrator, the Committee on Transportation \n and Infrastructure and the Committee on Homeland Security of \n the House of Representatives, and the Committee on Homeland \n Security and Governmental Affairs of the Senate a report \n containing the recommendations of the Advisory Committee.\n (9) Federal advisory committee act.--Neither the Federal \n Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or \n regulation issued under that Act shall apply to the Advisory \n Committee.\n (10) Termination.--The Advisory Committee shall terminate \n not later than 6 years after the date of enactment of this Act.\n (c) Limitation on Statutory Construction.--Nothing in this section \nshall be construed to provide the Federal Emergency Management Agency \nwith regulatory authority with respect to any nongovernment entity.\n ","summary":"Integrated Public Alert and Warning System Modernization Act of 2015 This bill directs the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated public alert and warning system of the United States to ensure that the President is able, under all conditions, to alert governmental authorities and the civilian population in areas endangered by disasters, including by: establishing common alerting and warning protocols, standards, terminology, and operating procedures for such system. Including in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities and individuals with access and functional needs. Ensuring that training, tests, and exercises are conducted for such system. Establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate federal, state, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System. And ensuring that the system is resilient, secure, and can withstand acts of terrorism and other external attacks. The system shall: incorporate multiple communications technologies, be designed to incorporate future technologies for communicating directly with the public to provide alerts to the largest portion of the affected population feasible and to improve the ability of remote areas to receive alerts, promote local and regional partnerships to enhance community preparedness and response, provide redundant alert mechanisms, and protect individual privacy. FEMA must: (1) submit a detailed plan to implement the system, including a time line, a spending plan, and recommendations for any additional authority necessary. And (2) establish the Integrated Public Alert and Warning System Advisory Committee to develop recommendations for the system.","title":"Integrated Public Alert and Warning System Modernization Act of 2015","text_len":16247,"sum_len":1986} {"bill_id":"107_hr245","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Natural Gas Reserve Act of 2001''.\n\nSEC. 2. NATURAL GAS RESERVE.\n\n Title I of the Energy Policy and Conservation Act is amended by--\n (1) redesignating part E as part F;\n (2) redesignating section 191 as section 198; and\n (3) inserting after part D the following new part E:\n\n ``Part E--Natural Gas Reserve\n\n ``establishment\n\n ``Sec. 191. (a) Authority.--Notwithstanding any other provision of \nthis Act, the Secretary may establish, maintain, and operate a Natural \nGas Reserve. The Reserve established under this part is not a component \nof the Strategic Petroleum Reserve established under part B of this \ntitle.\n ``(b) Definition.--For the purposes of this part, the term `natural \ngas' has the meaning given that term in section 2(1) of the Natural Gas \nPolicy Act of 1978 (15 U.S.C. 3301(1)).\n\n ``authority\n\n ``Sec. 192. To the extent necessary or appropriate to carry out \nthis part, the Secretary may--\n ``(1) purchase, contract for, lease, or otherwise acquire, \n in whole or in part, storage and related facilities, and \n storage services;\n ``(2) use, lease, maintain, sell, or otherwise dispose of \n storage and related facilities acquired under this part;\n ``(3) acquire by purchase, exchange (including exchange of \n petroleum products from the Strategic Petroleum Reserve or \n received as royalty from Federal lands), lease, or otherwise, \n natural gas for storage in the Natural Gas Reserve;\n ``(4) store natural gas in facilities not owned by the \n United States; and\n ``(5) sell, exchange, or otherwise dispose of natural gas \n from the Natural Gas Reserve, including to maintain the quality \n or quantity of the natural gas in the Reserve or to maintain \n the operational capability of the Reserve.\n\n ``conditions for release; plan\n\n ``Sec. 193. (a) Finding.--The Secretary may sell products from the \nNatural Gas Reserve upon a finding that there is a natural gas supply \nshortage.\n ``(b) Release of Natural Gas.--After consultation with the natural \ngas industry, the Secretary shall determine procedures governing the \nrelease of natural gas from the Natural Gas Reserve. The procedures \nshall provide that--\n ``(1) the Secretary may--\n ``(A) sell natural gas from the Reserve through a \n competitive process; or\n ``(B) enter into exchange agreements described in \n section 192(3);\n ``(2) in all such sales or exchanges, the Secretary shall \n receive revenue or its equivalent that provides the Department \n with fair market value;\n ``(3) at no time may the natural gas be sold or exchanged \n resulting in a loss of revenue or value to the United States; \n and\n ``(4) the Secretary shall only sell or dispose of the \n natural gas in the Reserve to entities customarily engaged in \n the sale and distribution of natural gas.\n ``(c) Plan.--Within 45 days after the date of the enactment of this \nsection, the Secretary shall transmit to the Congress a plan \ndescribing--\n ``(1) the acquisition of storage and related facilities or \n storage services for the Natural Gas Reserve, including the \n potential use of storage facilities not currently in use;\n ``(2) the acquisition of natural gas for storage in the \n Natural Gas Reserve;\n ``(3) the anticipated methods of disposition of natural gas \n from the Natural Gas Reserve;\n ``(4) the estimated costs of establishment, maintenance, \n and operation of the Natural Gas Reserve;\n ``(5) efforts the Department will take to minimize any \n potential need for future drawdowns and ensure that \n distributors and importers are not discouraged from maintaining \n and increasing supplies; and\n ``(6) actions to ensure quality of the natural gas in the \n Natural Gas Reserve.\n\n ``natural gas reserve account\n\n ``Sec. 194. (a) Establishment.--Upon a decision of the Secretary of \nEnergy to establish a Natural Gas Reserve under this part, the \nSecretary of the Treasury shall establish in the Treasury of the United \nStates an account known as the `Natural Gas Reserve Account' (referred \nto in this section as the `Account').\n ``(b) Deposits.--The Secretary of the Treasury shall deposit in the \nAccount any amounts appropriated to the Account and any receipts from \nthe sale, exchange, or other disposition of natural gas from the \nNatural Gas Reserve.\n ``(c) Availability.--The Secretary of Energy may obligate amounts \nin the Account to carry out activities under this part without the need \nfor further appropriation, and amounts available to the Secretary of \nEnergy for obligation under this section shall remain available without \nfiscal year limitation.\n\n ``exemptions\n\n ``Sec. 195. An action taken under this part is not subject to the \nrulemaking requirements of section 523 of this Act, section 501 of the \nDepartment of Energy Organization Act, or section 553 of title 5, \nUnited States Code.''.","summary":"Natural Gas Reserve Act of 2001 - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to establish and operate a Natural Gas Reserve (NGR), which shall not be deemed to be a component of the Strategic Petroleum Reserve. Sets forth implementation authority for natural gas release and sales predicated upon a finding that a natural gas supply shortage exists. Restricts such sales to entities customarily engaged in natural gas sale and distribution. Instructs the Secretary of the Treasury to establish a Natural Gas Reserve Account to serve as depository for receipts from disposition of NGR natural gas. Authorizes the Secretary of Energy to obligate amounts in such Account without the need for further appropriation. Retains the availability of such funds for obligation without fiscal year limitation.","title":"To provide for the establishment of a Natural Gas Reserve.","text_len":5446,"sum_len":837} {"bill_id":"109_s1794","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strategic Gasoline and Fuel Reserve \nAct of 2005''.\n\nSEC. 2. STRATEGIC GASOLINE AND FUEL RESERVE.\n\n (a) In General.--Title I of the Energy Policy and Conservation Act \n(42 U.S.C. 6201 et seq.) is amended--\n (1) by redesignating part E (42 U.S.C. 6251 et seq.) as \n part F;\n (2) by redesignating section 191 (42 U.S.C. 6251) as \n section 199; and\n (3) by inserting after part D (42 U.S.C. 6250 et seq.) the \n following:\n\n ``PART E--STRATEGIC GASOLINE AND FUEL RESERVE\n\n``SEC. 191. DEFINITIONS.\n\n ``In this part:\n ``(1) Gasoline.--The term `gasoline' means regular unleaded \n gasoline.\n ``(2) Reserve.--The term `Reserve' means the Strategic \n Gasoline and Fuel Reserve established under section 192(a).\n\n``SEC. 192. ESTABLISHMENT.\n\n ``(a) In General.--Notwithstanding any other provision of this Act, \nthe Secretary shall establish, maintain, and operate a Strategic \nGasoline and Fuel Reserve.\n ``(b) Not Component of Strategic Petroleum Reserve.--The Reserve is \nnot a component of the Strategic Petroleum Reserve established under \npart B.\n ``(c) Capacity.--The Reserve shall contain not more than--\n ``(1) 40,000,000 barrels of gasoline; and\n ``(2) 7,500,000 barrels of jet fuel.\n ``(d) Reserve Sites.--\n ``(1) Siting.--Not later than 1 year after the date of \n enactment of this Act, the Secretary shall determine not less \n than 3 Reserve sites, and not more than 5 Reserve sites, \n throughout the United States that are regionally strategic.\n ``(2) Operation.--The Reserve sites described in paragraph \n (1) shall be operational not later than 2 years after the date \n of enactment of this Act.\n ``(e) Security.--In establishing the Reserve under this section, \nthe Secretary shall obtain the concurrence of the Secretary of Homeland \nSecurity with respect to physical design security and operational \nsecurity.\n ``(f) Authority.--In carrying out this part, the Secretary may--\n ``(1) purchase, contract for, lease, or otherwise acquire, \n in whole or in part, storage and related facilities and storage \n services;\n ``(2) use, lease, maintain, sell, or otherwise dispose of \n storage and related facilities acquired under this part;\n ``(3) acquire by purchase, exchange, lease, or other means \n gasoline and fuel for storage in the Reserve;\n ``(4) store gasoline and fuel in facilities not owned by \n the United States; and\n ``(5) sell, exchange, or otherwise dispose of gasoline and \n fuel from the Reserve, including to maintain--\n ``(A) the quality or quantity of the gasoline or \n fuel in the Reserve; or\n ``(B) the operational capacity of the Reserve.\n ``(g) Fill Date.--\n ``(1) In general.--Except as provided in paragraph (2), the \n Secretary shall complete the process of filling the Reserve \n under this section by March 1, 2008.\n ``(2) Extensions.--The President may extend the deadline \n established under paragraph (1) if--\n ``(A) the President determines that filling the \n Reserve within that deadline would cause an undue \n economic burden on the United States; and\n ``(B) the President receives approval from \n Congress.\n\n``SEC. 193. RELEASE OF GASOLINE AND FUEL.\n\n ``(a) In General.--The Secretary shall release gasoline or fuel \nfrom the Reserve only if--\n ``(1) the President finds that there is a severe fuel \n supply disruption by finding that--\n ``(A) a regional or national supply shortage of \n gasoline or fuel of significant scope and duration has \n occurred;\n ``(B) a substantial increase in the price of \n gasoline or fuel has resulted from the shortage;\n ``(C) the price increase is likely to cause a \n significant adverse impact on the national economy; and\n ``(D) releasing gasoline or fuel from the Reserve \n would assist directly and significantly in reducing the \n adverse impact of the shortage; or\n ``(2)(A) the Governor of a State submits to the Secretary a \n written request for a release from the Reserve that contains a \n finding that--\n ``(i) a regional or statewide supply shortage of \n gasoline or fuel of significant scope and duration has \n occurred;\n ``(ii) a substantial increase in the price of \n gasoline or fuel has resulted from the shortage; and\n ``(iii) the price increase is likely to cause a \n significant adverse impact on the economy of the State; \n and\n ``(B) the Secretary concurs with the findings of the \n Governor under subparagraph (A) and determines that--\n ``(i) a release from the Reserve would mitigate \n gasoline or fuel price volatility in the State;\n ``(ii) a release from the Reserve would not have an \n adverse effect on the long-term economic viability of \n retail gasoline or fuel markets in the State and \n adjacent States; and\n ``(iii) a release from the Reserve would not \n suppress prices below long-term market trend levels.\n ``(b) Procedure.--\n ``(1) Response of secretary.--The Secretary shall respond \n to a request submitted under subsection (a)(2) not later than 5 \n days after receipt of the request by--\n ``(A) approving the request;\n ``(B) denying the request; or\n ``(C) requesting additional supporting information.\n ``(2) Release.--The Secretary shall establish procedures \n governing the release of gasoline or fuel from the Reserve in \n accordance with this subsection.\n ``(3) Requirements.--\n ``(A) Eligible entity.--In this paragraph, the term \n `eligible entity' means an entity that is customarily \n engaged in the sale or distribution of gasoline or \n fuel.\n ``(B) Sale or disposal from reserve.--The \n procedures established under this subsection shall \n provide that the Secretary may--\n ``(i) sell gasoline or fuel from the \n Reserve to an eligible entity through a \n competitive process; or\n ``(ii) enter into an exchange agreement \n with an eligible entity under which the \n Secretary receives a greater volume of gasoline \n or fuel as repayment from the eligible entity \n than the volume provided to the eligible \n entity.\n ``(c) Continuing Evaluation.--The Secretary shall conduct a \ncontinuing evaluation of the drawdown and sales procedures established \nunder this section.\n\n``SEC. 194. REPORTS.\n\n ``(a) Gasoline and Fuel.--Not later than 45 days after the date of \nenactment of this section, the Secretary shall submit to Congress and \nthe President a plan describing--\n ``(1) the acquisition of storage and related facilities or \n storage services for the Reserve, including the use of storage \n facilities not currently in use or not currently used to \n capacity;\n ``(2) the acquisition of gasoline and fuel for storage in \n the Reserve;\n ``(3) the anticipated methods of disposition of gasoline \n and fuel from the Reserve;\n ``(4) the estimated costs of establishment, maintenance, \n and operation of the Reserve;\n ``(5) efforts that the Department will take to minimize any \n potential need for future drawdowns from the Reserve; and\n ``(6) actions to ensure the quality of the gasoline and \n fuel in the Reserve are maintained.\n ``(b) Natural Gas and Diesel.--Not later than 90 days after the \ndate of enactment of this section, the Secretary shall submit to \nCongress a report describing the feasibility of creating a natural gas \nand diesel reserve similar to the Reserve under this part.\n\n``SEC. 195. STRATEGIC GASOLINE AND FUEL RESERVE FUND.\n\n ``(a) Establishment.--There is established in the Treasury of the \nUnited States a revolving fund, to be known as the `Strategic Gasoline \nand Fuel Reserve Fund' (referred to in this section as the `Fund'), \nconsisting of--\n ``(1) such amounts as are appropriated to the Fund under \n subsection (b);\n ``(2) such amounts as are appropriated to the Fund under \n section 196; and\n ``(3) any interest earned on investment of amounts in the \n Fund under subsection (d).\n ``(b) Transfers to Fund.--There are appropriated to the Fund \namounts equivalent to amounts collected as receipts and received in the \nTreasury from the sale, exchange, or other disposition of gasoline or \nfuel from the Reserve.\n ``(c) Expenditures From Fund.--On request by the Secretary and \nwithout the need for further appropriation, the Secretary of the \nTreasury shall transfer from the Fund to the Secretary such amounts as \nthe Secretary determines are necessary to carry out activities under \nthis part, to remain available until expended.\n ``(d) Investment of Amounts.--\n ``(1) In general.--The Secretary of the Treasury shall \n invest such portion of the Fund as is not, in the judgment of \n the Secretary of the Treasury, required to meet current \n withdrawals.\n ``(2) Interest-bearing obligations.--Investments may be \n made only in interest-bearing obligations of the United States.\n ``(3) Acquisition of obligations.--For the purpose of \n investments under paragraph (1), obligations may be acquired--\n ``(A) on original issue at the issue price; or\n ``(B) by purchase of outstanding obligations at the \n market price.\n ``(4) Sale of obligations.--Any obligation acquired by the \n Fund may be sold by the Secretary of the Treasury at the market \n price.\n ``(5) Credits to fund.--The interest on, and the proceeds \n from the sale or redemption of, any obligations held in the \n Fund shall be credited to and form a part of the Fund.\n ``(e) Transfers of Amounts.--\n ``(1) In general.--The amounts required to be transferred \n to the Fund under this section shall be transferred at least \n monthly from the general fund of the Treasury to the Fund on \n the basis of estimates made by the Secretary of the Treasury.\n ``(2) Adjustments.--Proper adjustment shall be made in \n amounts subsequently transferred to the extent prior estimates \n were in excess of or less than the amounts required to be \n transferred.\n\n``SEC. 196. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There are authorized to be appropriated such sums as are \nnecessary to carry out this part, to remain available until \nexpended.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n The table of contents for title I of the Energy Policy and \nConservation Act (42 U.S.C. 6201 note) is amended by striking the \nmatter relating to part D and inserting the following:\n\n ``Part D--Northeast Home Heating Oil Reserve\n\n ``Sec. 181. Establishment.\n ``Sec. 182. Authority.\n ``Sec. 183. Conditions for release; plan.\n ``Sec. 184. Northeast home heating oil reserve account.\n ``Sec. 185. Exemptions.\n ``Sec. 186. Authorization of appropriations.\n ``Part E--Strategic Gasoline and Fuel Reserve\n\n ``Sec. 191. Definitions.\n ``Sec. 192. Establishment.\n ``Sec. 193. Release of gasoline and fuel.\n ``Sec. 194. Reports.\n ``Sec. 195. Strategic Gasoline and Fuel Reserve Fund.\n ``Sec. 196. Authorization of appropriations.\n ``Part F--Expiration\n\n ``Sec. 199. Expiration.''.","summary":"Strategic Gasoline and Fuel Reserve Act of 2005 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to establish, maintain, and operate a Strategic Gasoline and Fuel Reserve of gasoline and jet fuel. Instructs the Secretary to determine between three and five regionally strategic Reserve sites throughout the United States. Permits the Secretary to release gasoline or fuel from the Reserve only if: (1) the President finds that there is a severe fuel supply disruption. Or (2) the Governor of a state requests a release from the Reserve, accompanied by specified findings. Establishes in the Treasury a revolving Strategic Gasoline and Fuel Reserve Fund.","title":"A bill to establish a Strategic Gasoline and Fuel Reserve.","text_len":12610,"sum_len":686} {"bill_id":"110_s3734","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish \nSprings Ranch Settlement Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Agreement.--The term ``Agreement'' means the agreement \n entitled ``Fish Springs Ranch Water Rights Settlement \n Agreement'' and dated May 20, 2007 (including any amendments \n and exhibits to that agreement).\n (2) Environmental impact statement.--The term \n ``environmental impact statement'' means the final \n environmental impact statement for the North Valleys Rights-of-\n Way Projects prepared by the Bureau of Land Management (70 Fed. \n Reg. 68473).\n (3) Final payment date.--The term ``final payment date'' \n means the date on which Fish Springs pays to the Tribe the \n final installment amount, as provided in the Agreement.\n (4) Fish springs.--The term ``Fish Springs'' means the Fish \n Springs Ranch, LLC, a Nevada limited liability company (or a \n successor in interest).\n (5) Project.--\n (A) In general.--The term ``Project'' means the \n project for pumping and transfer by Fish Springs of not \n more than 8,000 acre-feet of groundwater per year, as \n described in the environmental impact statement and the \n record of decision.\n (B) Inclusion.--The term ``Project'' includes the \n pumping and transfer of not more than 5,000 acre-feet \n of groundwater per year (in addition to the acre-feet \n referred to in subparagraph (A)) in accordance with the \n Agreement, including the acquisition by Fish Springs of \n the rights and approval to pump that groundwater in \n accordance with Federal and State law.\n (C) Exclusions.--The term ``Project'' does not \n include--\n (i) the project proposed by Intermountain \n Water Supply, Ltd., and described in the \n environmental impact statement; or\n (ii) any other project or activity not \n otherwise specified in this Act.\n (6) Record of decision.--The term ``record of decision'' \n means the public record of the decision of the District Manager \n of the Bureau of Land Management for the State of Nevada issued \n on May 31, 2006, regarding the environmental impact statement \n and the Project.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (8) Tribe.--The term ``Tribe'' means the Pyramid Lake \n Paiute Tribe of Indians organized under section 16 of the Act \n of June 18, 1934 (commonly known as the ``Indian Reorganization \n Act'') (25 U.S.C. 476).\n\nSEC. 3. RATIFICATION OF AGREEMENT.\n\n (a) In General.--Except as provided in subsection (c), and except \nto the extent that a provision of the Agreement conflicts with this \nAct, notwithstanding any other provision of Federal or tribal law, the \nAgreement is ratified.\n (b) Execution of Agreement.--The Secretary shall execute the \nobligations of the Secretary under the Agreement (including any exhibit \nto the Agreement requiring the signature of the Secretary) in \naccordance with this Act.\n (c) Exceptions.--\n (1) Choice of law.--Notwithstanding any provision of the \n Agreement, the Agreement and this Act shall be governed by \n applicable Federal law and Nevada State law.\n (2) Waiver and retention of claims.--Notwithstanding any \n provision of the Agreement, any waiver or retention of a claim \n by the Tribe or the United States on behalf of the Tribe \n relating to the Agreement shall be carried out in accordance \n with section 4.\n (d) Environmental Compliance.--\n (1) No major federal action.--The execution of the \n Agreement by the Secretary pursuant to this Act shall not be \n considered to be a major Federal action under the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n (2) Compliance activities.--The Secretary shall carry out \n all required Federal environmental compliance activities in \n executing the Agreement.\n (e) Compliance With Applicable Law.--This section and the Agreement \nshall be considered to be in accordance with all applicable \nrequirements of section 2116 of the Revised Statutes (25 U.S.C. 177).\n\nSEC. 4. WAIVER AND RELEASES OF CLAIMS.\n\n (a) Release of Claims Against Fish Springs.--In executing the \nAgreement pursuant to this Act, the Tribe and the Secretary, acting on \nbehalf of the Tribe, shall waive and release all claims against Fish \nSprings--\n (1) for damage, loss, or injury to water rights or claims \n of interference with or diversion or taking of water rights \n (including claims for injury to land resulting from such a \n damage, loss, injury, interference, diversion, or taking under \n the Agreement) relating to the use of water by Fish Springs \n under the Agreement for the Project; or\n (2) relating in any manner to the negotiation or adoption \n of the Agreement.\n (b) Release of Claims Against United States.--In carrying out the \nAgreement, the Tribe shall waive and release any claim of the Tribe \nagainst the United States (including all employees and agents of the \nUnited States) relating in any manner to--\n (1) damage, loss, or injury to water, water rights, land, \n or any other resource due to loss of water or water rights \n (including damage, loss, or injury to hunting, fishing, \n gathering, or cultural rights due to loss of water or water \n rights, claims relating to interference with or diversion or \n taking of water or water rights, and claims relating to a \n failure to protect, acquire, replace, or develop water, water \n rights, or water infrastructure) due to use of water by Fish \n Springs under the Agreement for the Project;\n (2) the record of decision, the environmental impact \n statement, or the Agreement; or\n (3) the negotiation, execution, or adoption of the \n Agreement or this Act, including--\n (A) the use by the Tribe of funds paid to the Tribe \n under the Agreement; and\n (B) the acquisition and use by the Tribe of land \n under the Agreement.\n (c) Effectiveness of Waivers and Releases.--\n (1) Claims against fish springs.--The waivers and releases \n under subsection (a) shall take effect on the final payment \n date.\n (2) Claims against united states.--A waiver or release \n under subsection (b) shall take effect on the date on which the \n Tribe executes the waiver or release.\n (d) Retention of Claims by United States and Tribe.--The Tribe and \nthe Secretary, acting on behalf of the Tribe, shall retain--\n (1) all claims for enforcement of the Agreement or this Act \n through such legal and equitable remedies as are available in \n the appropriate United States court;\n (2) subject to the right of Fish Springs to carry out the \n Project, the right to assert and protect any right of the Tribe \n to surface or groundwater or any other trust resource;\n (3) all rights to claim or acquire a water right in \n accordance with applicable law, and to use and protect any \n water right acquired after the date of enactment of this Act, \n that is not in conflict with the Agreement and this Act;\n (4) all claims relating to activities affecting the quality \n of water, including any claim of the Tribes under--\n (A) the Comprehensive Environmental Response, \n Compensation, and Liability Act of 1980 (42 U.S.C. 9601 \n et seq.) (including claims for damages to natural \n resources);\n (B) the Safe Drinking Water Act (42 U.S.C. 300f et \n seq.);\n (C) the Federal Water Pollution Control Act (33 \n U.S.C. 1251 et seq.); or\n (D) a regulation implementing an Act referred to in \n subparagraphs (A) through (C); and\n (5) all rights, remedies, privileges, immunities, and \n authorities not specifically waived and released pursuant to \n this Act.\n\nSEC. 5. SATISFACTION OF CLAIMS.\n\n The benefits provided to the Tribe under the Agreement and this Act \nshall be considered to be full satisfaction of all claims of the Tribe \nand the United States waived and released pursuant to section 4.\n\nSEC. 6. BENEFICIARIES TO AGREEMENT.\n\n (a) Requirement.--The parties to the Agreement shall be the only \nbeneficiaries of the Agreement.\n (b) Prohibition.--Nothing in the Agreement or this Act provides to \nany individual or entity third-party beneficiary status relating to the \nAgreement.\n\nSEC. 7. JURISDICTION.\n\n A civil action relating to the enforcement of the Agreement shall \nbe filed in the United States District Court for the District of \nNevada.\n\nSEC. 8. MISCELLANEOUS PROVISIONS.\n\n (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--\nNothing in this Act affects any right or interest recognized or \nestablished in the Truckee-Carson-Pyramid Lake Water Rights Settlement \nAct (Public Law 101-618; 104 Stat. 3294).\n (b) No Establishment of Standard.--Nothing in this Act establishes \na standard for the quantification of a Federal reserved water right or \nany other claim of an Indian tribe other than the Tribe in any other \njudicial or administrative proceeding.\n (c) Other Claims.--Nothing in the Agreement or this Act quantifies \nor otherwise adversely affects any water right, claim or entitlement to \nwater, or any other right of any Indian tribe, band, or community other \nthan the Tribe.\n\nSEC. 9. NULLIFICATION DATE.\n\n If the Tribe fails to execute any waiver or release described in \nsection 4(b) by the date that is 90 days after the date of enactment of \nthis Act, the Agreement shall be null and void.","summary":"Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007. Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior.","title":"A bill to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.","text_len":10452,"sum_len":293} {"bill_id":"103_s2407","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Judicial Amendments Act of 1994''.\n\nSEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND.\n\n Section 612 of title 28, United States Code, is amended--\n (1) in subsection (a)--\n (A) in the second sentence by inserting after ``equipment \n for'' the following: ``program activities included in the \n courts of appeals, district courts, and other judicial services \n account of''; and\n (B) in the third sentence by striking out all after \n ``personal services'' and inserting in lieu thereof ``, support \n personnel in the courts and in the Administrative Office of the \n United States Courts, and other costs, for the effective \n management, coordination, operation, and use of automatic data \n processing equipment purchased by the Fund. In addition, all \n agencies of the judiciary may make deposits into the Fund to \n meet their automatic data processing needs in accordance with \n subsections (b) and (c)(2).'';\n (2) in subsection (b)(1) by striking out ``judicial branch'' \n and inserting in lieu thereof ``activities funded under subsection \n (a) and shall include an annual estimate of any fees that may be \n collected under section 404 of the Judiciary Appropriations Act, \n 1991 (Public Law 101-515; 104 Stat. 2133)'';\n (3) in subsection (b)(2) by striking out ``judicial branch of \n the United States'' and inserting in lieu thereof ``activities \n funded under subsection (a)'';\n (4) in subsection (c)(1)(A), by inserting after ``surplus \n property'' the following: ``, all fees collected after the date of \n the enactment of the Judicial Amendments Act of 1994 by the \n judiciary under section 404 of the Judiciary Appropriations Act, \n 1991 (Public Law 101-515; 104 Stat. 2133)'';\n (5) in subsection (e)(1)--\n (A) by striking out ``(A)''; and\n (B) by striking out ``$75,000,000'' and inserting in lieu \n thereof ``amounts estimated to be collected under subsection \n (c) for that fiscal year'';\n (6) in subsection (h) by amending the subsection to read as \n follows:\n ``(h) Annual Report.--\n ``(1) In general.--The Director shall submit to the Congress an \n annual report on the operation of the Fund, including on the \n inventory, use, and acquisition of automatic data processing \n equipment from the Fund and the consistency of such acquisition \n with the plan prepared under subsection (b). The report shall set \n forth the amounts deposited into the Fund under subsection (c).\n ``(2) Additional contents of report.--The annual report \n submitted under this subsection shall include--\n ``(A) the specific actions taken and the progress made to \n improve the plan developed under subsection (b) and the long \n range automation plan and strategic business plan developed \n under subsection (k); and\n ``(B) a comparison of planned Fund expenditures and \n accomplishments with actual Fund expenditures and \n accomplishments, and the reasons for any delays in scheduled \n systems development, or budget overruns.\n ``(3) Report in year of termination of authority.--The annual \n report submitted under this subsection for any year in which the \n authority for this section is to terminate under subsection (m), \n shall be submitted no later than 9 months before the date of such \n termination.'';\n (7) in subsection (i) by striking out all after ``Judicial \n Conference of the United States,'' and inserting in lieu thereof \n ``may transfer amounts up to $1,000,000 from the Fund into the \n account to which the funds were originally appropriated. Any \n amounts transferred from the Fund in excess of $1,000,000 in any \n fiscal year may only be transferred by following reprogramming \n procedures in compliance with section 606 of the Departments of \n Commerce, Justice, and State, the Judiciary, and Related Agencies \n Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).'';\n (8) in subsection (j) in the second sentence by inserting ``in \n statute'' after ``not specified'';\n (9) by redesignating subsections (k) and (l) as subsections (l) \n and (m), respectively, and by inserting after subsection (j) the \n following new subsection:\n ``(k) Long Range Management and Business Plans.--The Director of \nthe Administrative Office of the United States Court shall--\n ``(1) develop an overall strategic business plan which would \n identify the judiciary's missions, goals, and objectives;\n ``(2) develop a long range automation plan based on the \n strategic business plan and user needs assessments;\n ``(3) establish effective Administrative Office oversight of \n court automation efforts to ensure the effective operation of \n existing systems and control over developments of future systems;\n ``(4) expedite efforts to complete the development and \n implementation of life cycle management standards;\n ``(5) utilize the standards in developing the next generation \n of case management and financial systems; and\n ``(6) assess the current utilization and future user \n requirements of the data communications network.''; and\n (10) in subsection (m) (as redesignated under paragraph (9)) of \n this section--\n (A) in the first sentence by striking out ``1994'', and \n inserting in lieu thereof, ``1997''; and\n (B) in the second sentence by striking out ```Judicial \n Services Account''' and inserting in lieu thereof ``fund \n established under section 1931 of this title''.\n\nSEC. 3. COURT ARBITRATION AUTHORIZATION.\n\n (a) Authorization of Appropriations.--Section 905 of the Judicial \nImprovements and Access to Justice Act (28 U.S.C. 651 note) is \namended--\n (1) in the first sentence by striking out ``for the fiscal year \n ending September 30, 1989, and for each of the succeeding 7 fiscal \n years,'' and inserting in lieu thereof ``for each of the fiscal \n years 1994 through 1997''; and\n (2) in the third sentence by striking out all beginning with \n ``, except that'' through ``this Act''.\n (b) Removal of Repealer.--Section 906 of the Judicial Improvements \nand Access to Justice Act (28 U.S.C. 651 note), and the item relating \nto such section in the table of contents contained in section 3 of such \nAct, are repealed.\nSEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT \nPROGRAMS.\n Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 \nnote; 104 Stat. 5097) is amended--\n (1) in subsection (a)(1) by striking out ``4-year period'' and \n inserting in lieu thereof ``5-year period'';\n (2) in subsection (b)(3)--\n (A) in the first sentence by striking out ``3 years'' and \n inserting in lieu thereof ``4 years''; and\n (B) in the second sentence by striking out ``3-year \n period'' and inserting in lieu thereof ``4-year period''; and\n (3) in subsection (c)(1) by striking out ``December 31, 1995,'' \n and inserting in lieu thereof ``December 31, 1996,''.\n\n\n\n\n\n\n\n Speaker of the House of Representatives.\n\n\n\n\n\n\n\n Vice President of the United States and \n President of the Senate.","summary":"Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch. And (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan. And (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments, (2) establish effective Administrative Office oversight of court automation efforts. (3) expedited efforts to complete the development and implementation of life cycle management standards. (4) utilize the standards in developing the next generation of case management and financial systems. And (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration. And (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs.","title":"Judicial Amendments Act of 1994","text_len":7596,"sum_len":2393} {"bill_id":"104_s718","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Environmental Finance Act of 1995''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to require--\n (1)(A) the Administrator of the Environmental Protection \n Agency to establish an Environmental Financial Advisory Board \n to provide expert advice and recommendations to Congress and \n the Administrator on issues, trends, options, innovations, and \n tax matters affecting the cost and financing of environmental \n protection by State and local governments; and\n (B) the Board to study methods to--\n (i) lower costs of environmental infrastructure and \n services;\n (ii) increase investment in public and private \n environmental infrastructure; and\n (iii) build State and local capacity to plan and \n pay for environmental infrastructure and services; and\n (2)(A) the Administrator to establish and support \n Environmental Finance Centers in institutions of higher \n education;\n (B) the Centers to carry out activities to improve the \n capability of State and local governments to manage \n environmental programs; and\n (C) the Administrator to provide Federal funding to the \n Centers, with a goal that the Centers will eventually become \n financially self-sufficient.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Board.--The term ``Board'' means the Environmental \n Financial Advisory Board established under section 4.\n (3) Center.--The term ``Center'' means an Environmental \n Finance Center established under section 5.\n\nSEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD.\n\n (a) In General.--The Administrator shall establish an Environmental \nFinancial Advisory Board to provide expert advice on issues affecting \nthe costs and financing of environmental activities at the Federal, \nState, and local levels. The Board shall report to the Administrator, \nand shall make the services and expertise of the Board available to \nCongress.\n (b) Membership.--\n (1) In general.--The Board shall consist of 35 members \n appointed by the Administrator.\n (2) Terms.--A member of the Board shall serve for a term of \n 2 years, except that 20 of the members initially appointed to \n the Board shall serve for a term of 1 year.\n (3) Qualifications.--The members of the Board shall be \n individuals with expertise in financial matters and shall be \n chosen from among elected officials and representatives of \n national trade and environmental organizations, the financial, \n banking, and legal communities, business and industry, and \n academia.\n (4) Chairperson and vice chairperson.--The members of the \n Board shall elect a Chairperson and Vice Chairperson, who shall \n each serve a term of 2 years.\n (c) Duties.--After establishing appropriate rules and procedures \nfor the operations of the Board, the Board shall--\n (1) work with the Science Advisory Board, established by \n section 8 of the Environmental Research, Development, and \n Demonstration Act of 1978 (42 U.S.C. 4365), to identify and \n develop methods to integrate risk and finance considerations \n into environmental decisionmaking;\n (2) identify and examine strategies to enhance \n environmental protection in urban areas, reduce \n disproportionate risks facing urban communities, and promote \n economic revitalization and environmentally sustainable \n development;\n (3) develop and recommend initiatives to expand \n opportunities for the export of United States financial \n services and environmental technologies;\n (4) develop alternative financing mechanisms to assist \n State and local governments in paying for environmental \n programs;\n (5) develop alternative financing mechanisms and strategies \n to meet the unique needs of small and economically \n disadvantaged communities; and\n (6) undertake such other activities as the Board determines \n will further the purpose of this Act.\n (d) Recommendations.--The Board may recommend to Congress and the \nAdministrator legislative and policy initiatives to make financing for \nenvironmental protection more available and less costly.\n (e) Open Meetings.--The Board shall hold open meetings and seek \ninput from the public and other interested parties in accordance with \nthe Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise \nbe subject to the Act.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $1,000,000 for each of fiscal \nyears 1996 through 2000.\n\nSEC. 5. ENVIRONMENTAL FINANCE CENTERS.\n\n (a) In General.--The Administrator shall establish and support an \nEnvironmental Finance Center in an institution of higher education in \neach of the regions of the Environmental Protection Agency.\n (b) Duties and Powers.--A Center shall coordinate the activities of \nthe Center with the Board and may--\n (1) provide on-site and off-site training of State and \n local officials;\n (2) publish newsletters, course materials, proceedings, and \n other publications relating to financing of environmental \n infrastructure;\n (3) initiate and conduct conferences, seminars, and \n advisory panels on specific financial issues relating to \n environmental programs and projects;\n (4) establish electronic database and contact services to \n disseminate information to public entities on financing \n alternatives for State and local environmental programs;\n (5) generate case studies and special reports;\n (6) develop inventories and surveys of financial issues and \n needs of State and local governments;\n (7) identify financial programs, initiatives, and \n alternative financing mechanisms for training purposes;\n (8) hold public meetings on finance issues; and\n (9) collaborate with another Center on projects and \n exchange information.\n (c) Grants.--The Administrator may make grants to institutions of \nhigher education to carry out this section.\n (d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section $2,500,000 for each of fiscal \nyears 1996 through 2000.","summary":"Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels. And (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. Authorizes the Centers to: (1) provide training of State and local officials, (2) publish materials relating to financing of environmental infrastructure. (3) conduct conferences and advisory panels on specific environmental finance issues, (4) establish information services, (5) generate case studies and reports. (6) develop surveys of financial issues and needs of State and local governments. (7) identify financial programs and alternative financing mechanisms for training purposes, (8) hold public meetings. And (9) collaborate and exchange information. Permits the Administrator to make grants to institutions of higher education to carry out the Center program. Authorizes appropriations.","title":"Environmental Finance Act of 1995","text_len":6826,"sum_len":1112} {"bill_id":"108_hr484","text":"SECTION 1. SCIENCE AND TECHNOLOGY.\n\n The Homeland Security Act of 2002 (Public Law 107-296) is amended--\n (1) in section 308, by striking subsections (a) through \n (c)(1) and inserting in lieu thereof the following:\n ``(a) In General.--The Secretary, acting through the Under \nSecretary for Science and Technology, shall carry out the \nresponsibilities under section 302(4) through both extramural and \nintramural programs.\n ``(b) Extramural Programs.--\n ``(1) In general.--The Secretary, acting through the Under \n Secretary for Science and Technology, shall operate extramural \n research, development, demonstration, testing, and evaluation \n programs so as to--\n ``(A) ensure that colleges, universities, private \n research institutes, and companies (and consortia \n thereof) from as many areas of the United States as \n practicable participate;\n ``(B) ensure that the research funded is of high \n quality, as determined through merit review processes \n developed under section 302(14); and\n ``(C) distribute funds through grants, cooperative \n agreements, and contracts.\n ``(2) University-based centers for homeland security.--\n ``(A) Designation.--The Secretary, acting through \n the Under Secretary for Science and Technology, shall \n designate a university-based center or several \n university-based centers for homeland security. The \n purpose of the center or these centers shall be to \n establish a coordinated, university-based system to \n enhance the Nation's homeland security.\n ``(B) Criteria for designation.--Criteria for the \n designation of colleges or universities as a center for \n homeland security, shall include, but are not limited \n to, demonstrated expertise in the following:\n ``(i) The training of first responders.\n ``(ii) Responding to incidents involving \n weapons of mass destruction and biological \n warfare.\n ``(iii) Emergency and diagnostic medical \n services.\n ``(iv) Chemical, biological, radiological, \n and nuclear countermeasures or detection.\n ``(v) Animal and plant health and \n diagnostics.\n ``(vi) Food safety.\n ``(vii) Water and wastewater operations.\n ``(viii) Port and waterway security.\n ``(ix) Multi-modal transportation.\n ``(x) Information security and information \n engineering.\n ``(xi) Engineering.\n ``(xii) Educational outreach and technical \n assistance.\n ``(xiii) Border transportation and \n security.\n ``(xiv) The public policy implications and \n public dissemination of homeland security \n related research and development.\n ``(C) Discretion of secretary.--With respect to the \n designation of any given university-based center for \n homeland security, the Secretary may except certain \n criteria as specified in section 308(b)(2)(B) to the \n extent they are unnecessary to further homeland \n security interests for the purpose of that designation, \n and consider additional criteria beyond those specified \n in section 308(b)(2)(B) if necessary to meet the needs \n of homeland security. Upon designation of a university-\n based center for homeland security, the Secretary shall \n that day publish in the Federal Register the criteria \n that were excepted or added in the selection \nprocess and the justification for the set of criteria that were used \nfor that designation.\n ``(D) Report to congress.--The Secretary shall \n report annually, from the date of enactment, to \n Congress concerning the implementation of this section. \n That report shall indicate which center or centers have \n been designated and how the designation or designations \n enhance homeland security, as well as report any \n decisions to revoke or modify such designations.\n ``(E) Authorization of appropriations.--There are \n authorized to be appropriated such sums as may be \n necessary to carry out this paragraph.\n ``(c) Intramural Programs.--\n ``(1) Consultation.--In carrying out the duties under \n section 302, the Secretary, acting through the Under Secretary \n for Science and Technology, may draw upon the expertise of any \n laboratory of the Federal Government, whether operated by a \n contractor or the Government.''; and\n (2) in subsection 835(d) by striking all after the word \n ``security'' and inserting in lieu thereof a period.\n\nSEC. 2. NON-PREJUDICIAL REPEAL OF SECTIONS 1714 THROUGH 1717 OF THE \n HOMELAND SECURITY ACT OF 2002.\n\n (a) Repeal.--In accordance with subsection (c), sections 1714 \nthrough 1717 of the Homeland Security Act of 2002 (Public Law 107-296) \nare repealed.\n (b) Application of the Public Health Service Act.--The Public \nHealth Service Act (42 U.S.C. 201 et seq.) shall be applied and \nadministered as if the sections repealed by subsection (a) had never \nbeen enacted.\n (c) Rule of Construction.--No inference shall be drawn from the \nenactment of sections 1714 through 1717 of the Homeland Security Act of \n2002 (Public Law 107-296), or from this repeal, regarding the law prior \nto enactment of sections 1714 through 1717 of the Homeland Security Act \nof 2002 (Public Law 107-296). Further, no inference shall be drawn that \nsubsection (a) or (b) effects any change in that prior law, or that \nLeroy v. Secretary of Health and Human Services, Office of Special \nMaster, No. 02-392V (October 11, 2002), was incorrectly decided.\n (d) Sense of the House of Representatives.--It is the sense of the \nHouse of Representatives that--\n (1) the Nation's ability to produce and develop new and \n effective vaccines faces significant challenges, and important \n steps are needed to revitalize our immunization efforts in \n order to ensure an adequate supply of vaccines and to encourage \n the development of new vaccines;\n (2) these steps include ensuring that patients who have \n suffered vaccine-related injuries have the opportunity to seek \n fair and timely redress, and that vaccine manufacturers, \n manufacturers of components or ingredients of vaccines, and \n physicians and other administrators of vaccines have adequate \n protections;\n (3) prompt action is particularly critical given that \n vaccines are a front line of defense against common childhood \n and adult diseases, as well as against current and future \n biological threats; and\n (4) not later than 6 months after the date of the enactment \n of this Act, the Committee on Energy and Commerce should report \n a bill addressing the issues described in paragraphs (1) \n through (3).\n\nSEC. 3. WAIVERS RELATING TO CONTRACTS WITH CORPORATE EXPATRIATES.\n\n Section 835 of the Homeland Security Act of 2002 (Public Law 107-\n296) is amended by striking subsection (d) and inserting the following:\n ``(d) Waivers.--The Secretary shall waive subsection (a) with \nrespect to any specific contract if the Secretary determines that the \nwaiver is required in the interest of homeland security.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect as though enacted \nas part of the Homeland Security Act of 2002 (Public Law 107-296).","summary":"Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, to designate one or more university-based centers for homeland security. Includes diagnostic medical services and information engineering as criteria for such designation. Authorizes the Secretary to except certain criteria and to consider additional criteria with respect to such designation in order to further homeland security interests. Repeals provisions of the Act which amend the Public Health Service Act to revise definitions of vaccine, vaccine manufacturer, and vaccine-related injury or death. Expresses the sense of the House of Representatives that the Committee on Energy and Commerce should report a bill addressing: (1) revitalizing immunization efforts by ensuring an adequate supply of vaccines and encouraging the development of new vaccines. And (2) ensuring that patients who have suffered vaccine-related injuries have an opportunity for fair redress and that vaccine manufacturers, physicians, and other administrators have adequate protections. Removes the authority of the Secretary to waive a prohibition on contracts with corporate expatriates when the Secretary determines that the waiver will prevent either the loss of jobs in the United States or costs that the Government otherwise would not occur.","title":"To make certain amendments to the Homeland Security Act of 2002.","text_len":8464,"sum_len":1382} {"bill_id":"107_s200","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Air Travelers Fair Treatment Act of \n2001''.\n\nSEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.\n\n Section 41712 of title 49, United States Code, is amended by adding \nat the end the following:\n ``(c) Specific Practices.--For purposes of subsection (a), the term \n`unfair or deceptive practice' includes each of the following:\n ``(1) Flight delays.--The failure of an air carrier or \n foreign air carrier to provide a passenger of the carrier with \n an accurate explanation of the reasons for a flight delay, \n cancellation, or diversion from a ticketed itinerary.\n ``(2) Termination of ticket agents.--In the case of a \n termination, cancellation, nonrenewal, or substantial change in \n the competitive circumstances of the appointment of a ticket \n agent by an air carrier or foreign air carrier, the failure of \n the air carrier or foreign air carrier--\n ``(A) to provide the ticket agent with written \n notice, and a full statement of reasons for the action, \n on or before the 90th day preceding the action; and\n ``(B) to provide the ticket agent with at least 60 \n days to correct any deficiency claimed in the written \n notice,\n except in cases of insolvency, an assignment for the benefit of \n creditors, bankruptcy, or nonpayment of sums due under the \n appointment.''.\n\nSEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.\n\n Section 41713(b)(1) of title 49, United States Code, is amended by \nstriking ``related to a price, route, or service of an air carrier that \nmay provide air transportation under this subpart'' and inserting \n``that directly prescribes a price, route, or level of service for air \ntransportation provided by an air carrier under this subpart''.\n\nSEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.\n\n (a) In General.--Subchapter I of chapter 417 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 41722. Airline passenger rights\n ``(a) Right to In-Flight Emergency Medical Care.--\n ``(1) In general.--The Secretary of Transportation shall \n prescribe regulations to establish minimum standards for \n resuscitation, emergency medical, and first-aid equipment and \n supplies to be carried on board an aircraft operated by an air \n carrier in air transportation that is capable of carrying at \n least 30 passengers.\n ``(2) Considerations.--In prescribing regulations under \n paragraph (1), the Secretary shall consider--\n ``(A) the weight and size of the equipment \n described in paragraph (1);\n ``(B) the need for special training of air carrier \n personnel to operate the equipment safely and \n effectively;\n ``(C) the space limitations of each type of \n aircraft;\n ``(D) the effect of the regulations on aircraft \n operations;\n ``(E) the practical experience of airlines in \n carrying and operating similar equipment; and\n ``(F) other relevant factors.\n ``(3) Consultation.--Before prescribing regulations under \n paragraph (1), the Secretary shall consult with the Surgeon \n General of the Public Health Service.\n ``(b) Right To Exit Aircraft.--No air carrier or foreign air \ncarrier operating an aircraft in air transportation shall prevent or \nhinder (including by failing to assist) any passenger from exiting the \naircraft (under the same circumstances as any member of the flight crew \nis permitted to exit the aircraft) if--\n ``(1) the aircraft is parked at an airport terminal gate \n with access to ramp or other facilities through which \n passengers are customarily boarded and deplaned;\n ``(2) the aircraft has remained at the gate more than 1 \n hour past its scheduled departure time; and\n ``(3) the captain of the aircraft has not been informed by \n air traffic control authorities that the aircraft can be \n cleared for departure within 15 minutes.''.\n (b) Conforming Amendment.--The analysis for chapter 417 of title \n49, United States Code, is amended by adding at the end the following:\n\n``41722. Airline passenger rights.''.\n\nSEC. 5. CONSUMER ACCESS TO INFORMATION.\n\n (a) Requirement for Program.--\n (1) In general.--Chapter 447 of title 49, United States \n Code, is amended by adding at the end the following new \n section:\n``Sec. 44727. Air traveler safety program\n ``(a) In General.--\n ``(1) Written information.--The Secretary of Transportation \n (in this section referred to as the `Secretary') shall require \n in regulations, for a period determined by the Secretary, that \n each air carrier that provides interstate air transportation or \n foreign air transportation to provide written information upon \n request, to passengers that purchase passage for interstate or \n foreign air transportation concerning the following:\n ``(A) Safety inspection reviews conducted by the \n Administrator of the Federal Aviation Administration \n (in this section referred to as the `Administrator') on \n the aircraft of that air carrier.\n ``(B) The safety ranking of that air carrier, as \n determined by the Administrator in accordance with \n applicable law.\n ``(C) The compliance of the members of the crew of \n the aircraft with any applicable certification \n requirements under this subtitle.\n ``(2) Guidelines.--The regulations issued by the Secretary \n under this subsection shall provide guidelines for air carriers \n relating to the provision of the information referred to in \n paragraph (1).\n ``(3) Request for information.--An air carrier shall be \n required to provide to a passenger, on request, any information \n concerning the safety of aircraft and the competency of persons \n issued a certificate under this subtitle for the operation of \n the aircraft that the Secretary, to the extent allowable by \n law, determines to be appropriate.\n ``(b) Submission of Performance Review.--\n ``(1) In general.--Not later than December 31 of each year, \n the Secretary shall submit a report to Congress regarding the \n safety of air carriers that provide interstate or foreign air \n transportation. The report shall include with respect to the \n year in which the report is filed--\n ``(A) the number of accidents and a description of \n such accidents of air carriers attributable to each air \n carrier that provides interstate or foreign air \n transportation; and\n ``(B) the names of makers of aircraft that have \n been involved in an accident.\n ``(2) Availability of information.--The Secretary shall \n make the annual report under paragraph (1) available to any \n person or entity upon request.\n ``(c) Victims' Rights Program.--\n ``(1) In general.--The National Transportation Safety Board \n shall establish and administer a program for victims and \n survivors of aircraft accidents in air commerce. Under that \n program, the National Transportation Safety Board shall ensure \n that such victims and survivors of an accident receive, to the \n extent allowable by law, immediate and unrestricted access to \n information on the accident that is made available from--\n ``(A) the air carrier involved in an accident in \n air commerce;\n ``(B) the Federal Government; and\n ``(C) State governments and political subdivisions \n thereof.\n ``(2) Classified information.--Nothing in paragraph (1) may \n be construed to authorize a release of information that is \n specifically authorized under criteria established by an \n Executive order to be kept secret in the interest of national \n defense or foreign policy.\n ``(d) Coordination of Victim Assistance.--\n ``(1) In general.--The National Transportation Safety \n Board, in cooperation with officials of appropriate Federal \n agencies and the American Red Cross, shall establish a program \n to ensure the coordination of the disclosure of information \n under subsection (c) and assistance provided to victims of an \n accident in air commerce.\n ``(2) Establishment of toll-free telephone line.--\n ``(A) In general.--The National Transportation \n Safety Board, in cooperation with officials of the \n appropriate Federal agencies and the American Red \n Cross, shall establish a toll-free telephone line to \n facilitate the provision of information under paragraph \n (3).\n ``(B) Action by the national transportation safety \n board.--The National Transportation Safety Board shall \n take such action as may be necessary to ensure--\n ``(i) the publication of the telephone \n number of the telephone line established under \n subparagraph (A) in newspapers of general \n circulation; and\n ``(ii) the provision of such number on \n national television news programs.\n ``(3) Information provided by telephone line.--The \n telephone line established under paragraph (2) shall provide \n the following information concerning an accident in air \n commerce:\n ``(A) The identifier name and number of the \n aircraft involved in the accident.\n ``(B) The names of known victims of the accident.\n ``(C) The status of the investigation of the \n accident.\n ``(D) A list of appropriate Federal agencies and \n contacts.\n ``(E) The facilities at which victims of the \n accident may be identified.\n ``(e) Civil Penalties.--\n ``(1) In general.--Any air carrier that fails to provide \n information in accordance with this section shall be liable for \n a civil penalty in an amount not to exceed $100,000 per \n violation.\n ``(2) Travel agencies and other persons not covered.--\n Paragraph (1) shall not apply to a travel agency or other \n person that does not provide interstate or foreign air \n transportation.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n (2) Conforming amendment.--The analysis for chapter 447 of \n title 49, United States Code, is amended by adding at the end \n the following new item:\n\n``44727. Air traveler safety program.''.\n (b) Time for Regulations.--The Secretary of Transportation shall \nissue the regulations required by subsection (a) of section 44727 of \ntitle 49, United States Code (as added by subsection (a)), not later \nthan 90 days after the date of enactment of this Act.\n (c) Submittal of First Annual Report.--The Secretary of \nTransportation shall submit the first annual report to Congress under \nsubsection (b) of such section 44727 not later than December 31, 2001.","summary":"Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action. And (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers. Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities. And (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes. Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew. Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident. Sets forth civil penalties for violations of this Act.","title":"A bill to establish a national policy of basic consumer fair treatment for airline passengers, and for other purposes.","text_len":12045,"sum_len":2332} {"bill_id":"105_hr2362","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Republican Form of Government \nGuarantee Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) section 4 of article IV of the Constitution provides \n that the United States shall guarantee a republican form of \n government to the States;\n (2) organized criminal actions are an increasing threat to \n the republican form of government in some States;\n (3) people who are responsible for upholding the laws of \n the United States and the several States, and people who assist \n them, have been threatened, harassed, and assaulted because of \n these activities;\n (4) this violence is having a chilling effect on the \n democratic process because Americans are afraid to participate \n in town hall meetings, express their views publicly, or take \n part in the political process;\n (5) most victims are targeted solely because of their views \n or activism on controversial political issues such as gun \n control, abortion, environmental matters, or the role of \n government in society;\n (6) this violence is causing a breakdown of law and order \n in many parts of the United States;\n (7) this violence has increased in part because of \n unfounded exaggerations about the impact of recent firearms \n laws such as the Brady Law and the ban on assault weapons, as \n well as baseless conspiracy theories regarding the government; \n and\n (8) the climate of violence created by these criminals \n threatens to undermine republican government in some States.\n\nSEC. 3. PROTECTION AGAINST ASSAULT.\n\n Section 111(a) of title 18, United States Code, is amended--\n (1) in paragraph (1), by inserting ``who is an officer or \n employee of any State or local government, is assisting such an \n officer or employee in the performance of official duty, or \n is'' after ``any person''; and\n (2) in paragraph (2), by striking ``designated in section \n 1114'' and inserting ``described in paragraph (1)''.\n\nSEC. 4. INCREASED PENALTIES.\n\n (a) Assault.--Section 111 of title 18, United States Code, is \namended--\n (1) in subsection (a), by striking ``shall, where'' and all \n that follows through the end of the subsection and inserting \n ``shall be punished as is provided in subsection (b)''; and\n (2) so that subsection (b) reads as follows:\n ``(b) Penalties.--Whoever is convicted of an offense under this \nsection shall be fined under this title and imprisoned not less than 2 \nnor more than 3 years, except that--\n ``(1) in the case of a second or subsequent offense the \n maximum term or imprisonment shall be not more than 5 years; \n and\n ``(2) in the case of an offense committed with a deadly \n weapon, the offender shall be imprisoned not less than 8 nor \n more than 10 years.''.\n (b) Extortion and Threats.--\n (1) Interstate communications.--Section 875 of title 18, \n United States Code, is amended in subsection (c), by striking \n ``not more than five years, or both'' and inserting ``not less \n than 2 nor more than 5 years''.\n (2) Mailing threatening communications.--Section 876 of \n title 18, United States Code, is amended in the third \n undesignated paragraph, by striking ``not more than five years, \n or both'' and inserting ``not less than 2 nor more than 5 \n years''.\n\nSEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT; \n ENFORCEMENT.\n\n (a) Reaffirmation of Right.--Each person not otherwise \ndisqualified, barred, or disabled by State or Federal law shall have \nthe right to participate in a republican form of State government free \nfrom interference from unlawful violence and the reasonably perceived \nthreat of unlawful violence.\n (b) Right To Participate Defined.--As used in subsection (a), the \nterm ``right to participate in a republican form of State government'' \nmeans the right to--\n (1) carry out the duties of a State, county, or local \n office to which the person has been duly elected or appointed;\n (2) lawfully assist any duly elected or appointed person \n described in paragraph (1) in carrying out such duties;\n (3) run for elective office, campaign for such office on \n one's own behalf, or campaign on behalf of another's candidacy, \n in accordance with applicable State and local laws;\n (4) initiate and campaign for any initiative, referendum, \n petition, or similar political exercise, in accordance with \n applicable State and local laws;\n (5) assemble peaceably to petition the Federal, State, or \n local government, or to attend any public forum concerning such \n Federal, State, or local government; and\n (6) exercise the rights guaranteed under article IV of the \n Constitution of the United States, and the 1st and 14th \n amendments thereto.\n (c) Enforcement.--\n (1) In general.--A person whose right under subsection (a) \n is violated by any person or organization may bring an action \n in any United States district court against such other person \n or organization for damages, injunctive relief, and such other \n relief as the court deems appropriate.\n (2) Government remedy.--The chief executive officer of any \n State may bring an action in any United States district court \n located within that State for damages, injunctive relief, and \n such other relief as the court deems appropriate against any \n organization wherever located which unlawfully violates or \n which conspires, attempts, aids, or abets another person or \n organization to unlawfully violate the right under subsection \n (a) of any resident of that State.\n (3) Authority to award a reasonable attorney's fee.--In an \n action brought under paragraph (1) or (2), the court, in its \n discretion, may allow the prevailing plaintiff a reasonable \n attorney's fee as part of the costs.\n (4) Statute of limitations.--An action may not be brought \n under paragraph (1) or (2) after the 5-year period that begins \n with the date that the violation described in paragraph (1) is \n discovered.\n\nSEC. 6. LAW ENFORCEMENT TRAINING.\n\n The Attorney General, in consultation with the Secretaries of \nTreasury, Agriculture, and the Interior, shall develop and implement a \ntraining program for Federal law enforcement personnel to enable such \npersonnel to deal more effectively with politically motivated violence.\n\nSEC. 7. FEDERAL PAYMENTS WITHHELD.\n\n (a) Complaint.--If an agency determines that in any county any of \nthat agency's employees or agents is being unlawfully physically \nprevented or impeded, by employees or agents of a State, county, or \nlocal government, from carrying out lawful duties, the agency may file \na complaint with the Attorney General.\n (b) Escrow.--The Attorney General shall investigate the complaint, \nand if the Attorney General finds the complaint is meritorious, the \nAttorney General may place in escrow any payments that otherwise would \nbe made to that county under the Payments in Lieu of Taxes Act of 1976 \n(31 U.S.C. 6901 et seq.), until such time as the Attorney General is \nsatisfied that such interference has ceased.\n (c) Rules.--The Attorney General shall make rules governing the \nprocedures used to carry out this section.","summary":"Republican Form of Government Guarantee Act - Revises Federal criminal code provisions setting penalties for assaulting, resisting, intimidating, or impeding any of specified US officers and employees , to: (1) cover persons who commit such acts against State or local government officers or employees or persons assisting such officers or employees in the performance of official duty. And (2) increase penalties for such acts. Sets a minimum term of two years' imprisonment for: (1) transmitting in interstate or foreign commerce any communication containing a threat to kidnap or injure any person. And (2) depositing, or causing to be delivered, any communication threatening to kidnap or injure any person. Declares that each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of such violence. Creates a private cause of action, as well as a government remedy against any individual or organization for a violation of that right. Authorizes the court to award a reasonable attorney's fee to a prevailing plaintiff. Sets a five-year statute of limitations that begins with the date of discovery of the violation. Directs the Attorney General to develop and implement a training program for Federal law enforcement personnel to enable them to deal more effectively with politically motivated violence. Authorizes an agency that determines that an agency employee or agent is being unlawfully and physically prevented from carrying out lawful duties by employees or agents of a State, county, or local government, to file a complaint with the Attorney General. Directs the Attorney General to investigate the complaint and, if the Attorney General finds the complaint is meritorious, to place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 until such time as such interference has ceased.","title":"Republican Form of Government Guarantee Act","text_len":7799,"sum_len":2046} {"bill_id":"106_hr4514","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rail Merger Reform and Customer \nProtection Act''.\n\nSEC. 2. SURFACE TRANSPORTATION BOARD REVIEW.\n\n Section 11324(c) of title 49, United States Code, is amended by \nstriking ``public interest. The Board'' and inserting ``public \ninterest, except that no transaction shall be approved and authorized \nunder this section unless the Board finds that the transaction--\n ``(1) will increase competition among rail carriers;\n ``(2) will not reduce transportation alternatives available \n to current railroad customers;\n ``(3) will provide additional transportation alternative \n options for railroad customers;\n ``(4) will improve service to customers; and\n ``(5) is in conformity with the antitrust laws.\nThe Board shall consult with the Attorney General, and may not make a \nfinding under paragraph (5) unless the Attorney General agrees with the \nfinding. The Board''.\n\nSEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION.\n\n (a) Amendments.--Section 10501(b) of title 49, United States Code, \nis amended--\n (1) by inserting ``, except that rail carriers and rail \n transportation subject to the jurisdiction of the Board shall \n also be subject to the antitrust laws. Application of the \n antitrust laws pursuant to the previous sentence shall not \n limit or affect the availability of remedies under this part'' \n after ``is exclusive''; and\n (2) by inserting ``other than the antitrust laws'' after \n ``Federal or State law''.\n (b) Effect of Prior Orders.--Section 10501 of title 49, United \nStates Code, is further amended by adding at the end the following new \nsubsection:\n ``(d) All orders, determinations, rules, regulations, permits, \ncontracts, certificates, licenses, and privileges--\n ``(1) which have been issued, made, granted, or allowed to \n become effective by any agency or official thereof pursuant to \n chapter 113, or any predecessor statutory provisions, or by a \n court of competent jurisdiction; and\n ``(2) which are in effect as of the date of the enactment \n of the Rail Merger Reform and Customer Protection Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked by the agency, official, \nor court.''.\n (c) Definition.--Section 10102 of title 49, United States Code, is \namended--\n (1) by redesignating paragraphs (1) through (10) as \n paragraphs (2) through (11), respectively; and\n (2) by inserting before paragraph (2), as so redesignated, \n the following new paragraph:\n ``(1) `antitrust laws' has the meaning given it in \n subsection (a) of the first section of the Clayton Act (15 \n U.S.C. 12(a)), except that such term includes section 5 of the \n Federal Trade Commission Act (15 U.S.C. 45) to the extent such \n section 5 applies to unfair methods of competition;''.\n\nSEC. 4. RATE AGREEMENTS.\n\n (a) Amendments.--Section 10706 of title 49, United States Code, is \namended--\n (1) in the section heading, by striking ``: exemption from \n antitrust laws'';\n (2) in subsection (a)(2)(A), by striking ``, and the \n Sherman Act'' and all that follows through ``carrying out the \n agreement'';\n (3) in subsection (a)(3)(B)(ii), by striking ``a Federal \n law cited in subsection (a)(2)(A) of this section'' and \n inserting ``the antitrust laws'';\n (4) by striking the second sentence of subsection (a)(4);\n (5) in subsection (a)(5)(A), by striking ``, and the \n antitrust laws'' and all that follows through ``carrying out \n the agreement'';\n (6) by striking the second sentence of subsection (d); and\n (7) by striking subsection (e).\n (b) Conforming Amendment.--The table of sections for chapter 107 of \ntitle 49, United States Code, is amended by striking ``: exemption from \nantitrust laws'' in the item relating to section 10706.\n\nSEC. 5. SCOPE OF AUTHORITY.\n\n Section 11321(a) of title 49, United States Code, is amended--\n (1) by inserting ``, except that rail carriers and rail \n transportation subject to the jurisdiction of the Board shall \n also be subject to the antitrust laws'' after ``is exclusive'';\n (2) by striking ``the antitrust laws and from''; and\n (3) by inserting ``except for the antitrust laws,'' after \n ``and municipal law,''.\n\nSEC. 6. ELECTION OF REMEDIES.\n\n Section 11701 of title 49, United States Code, is amended by adding \nat the end the following new subsection:\n ``(d) A person proceeding against a rail carrier pursuant to \nsubsection (b) may not proceed against the same rail carrier pursuant \nto other Federal or State law, and a person proceeding against a rail \ncarrier under other Federal or State law may not proceed against a rail \ncarrier pursuant to subsection (b), with respect to the same claim.''.\n\nSEC. 7. CLAYTON ACT AMENDMENTS.\n\n The Clayton Act is amended--\n (1) in section 7 (15 U.S.C. 18)--\n (A) by striking ``Nor shall anything herein'' and \n all that follows through ``therein is so acquired.''; \n and\n (B) by striking ``Surface Transportation Board,'';\n (2) in section 11 (15 U.S.C. 21), by striking ``in the \n Surface Transportation Board where applicable to common \n carriers subject to jurisdiction under subtitle IV of title 49, \n United States Code;''; and\n (3) in section 16 (15 U.S.C. 26), by striking\n ``: Provided, That nothing'' and all that follows through \n ``title 49, United States Code''.","summary":"Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act . Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. Amends the Clayton Act to conform with this Act.","title":"Rail Merger Reform and Customer Protection Act","text_len":5908,"sum_len":778} {"bill_id":"113_s462","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Israel Strategic \nPartnership Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The people and the Governments of the United States and \n Israel share a deep and unbreakable bond, forged by over 60 \n years of shared interests and shared values.\n (2) Today, the people and Governments of the United States \n and Israel are facing a dynamic and rapidly changing security \n environment in the Middle East and North Africa, necessitating \n deeper cooperation on a range of defense, security, and \n intelligence matters.\n (3) From Gaza, Hamas continues to deny Israel's right to \n exist and persists in firing rockets indiscriminately at \n population centers in Israel.\n (4) Hezbollah--with support from Iran--continues to \n stockpile rockets and may be seeking to exploit the tragic and \n volatile security situation within Syria.\n (5) The Government of Iran continues to pose a grave threat \n to the region and the world at large with its reckless uranium \n enrichment program and defiance of multiple United Nations \n Security Council resolutions.\n (6) The civil war in Syria is threatening the security of \n Syria's chemical weapons arsenal, which could be deployed \n against its own people or fall into the hands of terrorists.\n (7) Given these challenges, it is imperative that the \n United States continue to deepen cooperation with allies like \n Israel in pursuit of shared policy objectives.\n\nSEC. 3. STATEMENT OF POLICY.\n\n It is the policy of the United States--\n (1) to reaffirm the unwavering support of the United States \n for the security of Israel as a Jewish state;\n (2) to reaffirm the principals and objectives enshrined in \n the United States-Israel Enhanced Security Cooperation Act of \n 2012 (Public Law 112-150) and ensure its implementation to the \n fullest extent;\n (3) to reaffirm the importance of the 2007 United States-\n Israel Memorandum of Understanding on United States assistance \n to Israel and the semi-annual Strategic Dialogue between the \n United States and Israel;\n (4) to pursue every opportunity to deepen cooperation with \n Israel on a range of critical issues including defense, \n homeland, energy, and cyber security;\n (5) to continue to provide Israel with robust security \n assistance, including for the development, procurement, and \n maintenance of the Iron Dome Missile Defense System; and\n (6) to support the Government of Israel in its ongoing \n efforts to reach a negotiated political settlement with the \n Palestinian people that results in two states living side-by-\n side in peace and security.\n\nSEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER.\n\n It is the sense of Congress that Israel is a Major Strategic \nPartner.\n\nSEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.\n\n (a) Department of Defense Appropriations Act, 2005.--Section \n12001(d) of the Department of Defense Appropriations Act, 2005 (Public \nLaw 108-287; 118 Stat. 1011) is amended by striking ``more than 10 \nyears after'' and inserting ``more than 11 years after''.\n (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the \nForeign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by \nstriking ``and 2014'' and inserting ``, 2014, and 2015''.\n\nSEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION \n EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING \n REQUIREMENTS.\n\n (a) Finding.--Congress finds that Israel--\n (1) has declared its unilateral adherence to the Missile \n Technology Control Regime and the Wassenaar Arrangement on \n Export Controls for Conventional Arms and Dual-Use Goods and \n Technologies;\n (2) is a party to--\n (A) the Convention on Prohibitions or Restrictions \n on the Use of Certain Conventional Weapons which may be \n Deemed to be Excessively Injurious or to Have \n Indiscriminate Effects, signed at Geneva October 10, \n 1980;\n (B) the Protocol for the Prohibition of the Use in \n War of Asphyxiating, Poisonous or Other Gases, and of \n Bacteriological Methods of Warfare, signed at Geneva \n June 17, 1925; and\n (C) the Convention on the Physical Protection of \n Nuclear Material, adopted at Vienna on October 26, \n 1979; and\n (3) is a country with a low risk of diversion of items \n subject to export controls.\n (b) Eligibility for Strategic Trade Authorization Exception.--The \nSecretary of Commerce shall take steps to include Israel in the list of \ncountries eligible for the strategic trade authorization exception \nunder section 740.20(c)(1) of title 15, Code of Federal Regulations, to \nthe requirement for a license for the export, reexport, or in-country \ntransfer of an item subject to controls under the Export Administration \nRegulations, consistent with the obligations of the United States \npursuant to international agreements.\n\nSEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE \n FUEL TECHNOLOGIES.\n\n (a) In General.--The President is authorized to carry out United \nStates-Israel cooperative activities and to provide assistance \npromoting cooperation in the fields of energy, water, homeland \nsecurity, agriculture, and alternative fuel technologies.\n (b) Requirements.--In carrying out subsection (a), the President is \nauthorized to share and exchange with Israel research, technology, \nintelligence, information, equipment, and personnel that the President \ndetermines will advance the national security interests of the United \nStates and is consistent with the Strategic Dialogue and pertinent \nprovisions of law--\n (1) by enhancing scientific cooperation between Israel and \n the United States; or\n (2) by the sale, lease, exchange in kind, or other \n techniques the President determines to be suitable.\n\nSEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF \n EXCELLENCE ON CYBER SECURITY.\n\n Not later than 180 days after the date of the enactment of this \nAct, the President shall submit to Congress a report on the feasibility \nand advisability of establishing a joint United States-Israel Cyber \nSecurity Center for the purposes of sharing and advancing technologies \nrelated to the prevention of cybercrimes.\n\nSEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY.\n\n Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. \n1187(c)(2)) is amended--\n (1) in the matter preceding subparagraph (A), by inserting \n ``subparagraph (G) and'' after ``Except as provided in''; and\n (2) by adding at the end the following:\n ``(G) Israel.--The State of Israel shall be \n designated as a program country on the date on which \n the Secretary of Homeland Security, after consultation \n with the Secretary of State, certifies that the \n Government of Israel--\n ``(i) has complied with all of the \n requirements set forth in subparagraphs (B) \n through (F); and\n ``(ii) has made every reasonable effort, \n without jeopardizing the security of the State \n of Israel, to ensure that reciprocal travel \n privileges are extended to all United States \n citizens.''.\n\nSEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES-\n ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012.\n\n Not later than 180 days after the date of the enactment of this \nAct, the President shall submit to the Committee on Foreign Relations \nof the Senate, the Committee on Foreign Affairs of the House of \nRepresentatives, and the Committees on Armed Services of the Senate and \nthe House of Representatives a comprehensive report on current and \nfuture efforts undertaken by the President to fulfill the objectives of \nsection 4 of the United States-Israel Enhanced Security Cooperation Act \n(22 U.S.C. 8603).","summary":"United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out US-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for US citizens.","title":"United States-Israel Strategic Partnership Act of 2013","text_len":8699,"sum_len":1160} {"bill_id":"106_hr1829","text":"SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN \n AUXILIARY OF THE AIR FORCE.\n\n (a) In General.--Chapter 909 of title 10, United States Code, is \namended--\n (1) by redesignating section 9442 as section 9443; and\n (2) by inserting after section 9441 the following new \n section:\n``Sec. 9442. Air Force role in management\n ``(a) Administrative Responsibility.--In its capacity as a \nfederally chartered corporation under chapter 403 of title 36 and a \nvolunteer civilian auxiliary of the Air Force, the Civil Air Patrol \nshall be administered by the Chief of Staff of the Air Force, under the \ndirection of the Secretary of the Air Force. For command, control, and \nadministrative purposes, the Civil Air Patrol shall have such \norganizational elements as are approved by the Secretary of the Air \nForce in regulations.\n ``(b) Board of Directors.--(1) The Secretary of the Air Force shall \nappoint a National Board of Directors for the Civil Air Patrol. The \nNational Board of Directors shall be composed of the following:\n ``(A) General officers of the Air Force, including the Air \n Force Reserve and Air National Guard.\n ``(B) Senior civilian employees of the Department of the \n Air Force.\n ``(C) Members appointed from the volunteer Civil Air Patrol \n membership.\n ``(2) The chairman of the National Board of Directors shall be the \nmember of the Board who is the senior active duty Air Force officer. \nThe members of the Board appointed under paragraph (1)(C) may not \nexceed a minority of the Board.\n ``(c) Executive Direction.--(1) The National Board of Directors \nshall appoint for the Civil Air Patrol the following:\n ``(A) A National Commander, to be appointed from the \n civilian volunteer membership of the Civil Air Patrol.\n ``(B) An Executive Director.\n ``(C) A Safety Officer.\n ``(D) An Inspector General.\n ``(2) The Executive Director, Safety Officer, and Inspector General \nappointed under paragraph (1) shall report directly to the Secretary of \nthe Air Force through the National Board of Directors.\n ``(3) The Chief of Staff of the Air Force may assign officers and \nenlisted members of the Air Force on active duty and civilian employees \nof the Department of the Air Force to serve on the staff of the \nnational headquarters of the Civil Air Patrol.\n ``(d) Effect of Appointment or Assignment.--(1) The appointment or \nassignment of members of the armed forces or civilian employees under \nsubsection (b) or (c) is not precluded by any law or regulation \nprohibiting active duty members of the armed forces or civilian \nemployees from participating in the management of non-Federal entities.\n ``(2) An officer or enlisted member of the Air Force appointed to \nor assigned to duty in a Civil Air Patrol management position specified \nin subsection (b) or (c) shall not receive any compensation, other than \nthe regular military compensation to which the officer or member is \notherwise entitled, as a result of the appointment or assignment.\n ``(e) Use of Civil Air Patrol Members and Employees.--(1) The \nExecutive Director and National Board of Directors may use such Civil \nAir Patrol employees and volunteer Civil Air Patrol members as the \nExecutive Director and National Board of Directors considers necessary \nto administer the Civil Air Patrol and to ensure that it is capable of \nassisting the Department of the Air Force in the performance of its \nnoncombat mission.\n ``(2) Except as provided in section 9441(c) of this title, a member \nof the Civil Air Patrol or an employee of the Civil Air Patrol is not a \nFederal employee and is not subject to the provisions of law relating \nto Federal employment, including those relating to hours of work, rates \nof compensation, leave, unemployment compensation, Federal employee \nbenefits, ethics, conflicts of interest, and other similar criminal or \ncivil statutes and regulations governing the conduct of Federal \nemployees. However, nothing in this paragraph shall constrain the \nSecretary of the Air Force from prescribing standards of conduct and \nbehavior for Civil Air Patrol members and employees.\n ``(f) Funds Management.--All funds provided to the Civil Air Patrol \nunder subsections (b) and (d) of section 9441 of this title, or any \nother provision of law, are subject to the requirements of sections \n6304 and 6305 of title 31 (commonly known as the Federal Grant and \nCooperative Agreement Act) and the Federal regulations governing the \nprovision of appropriated funds to private, nonprofit organizations.\n ``(g) Relation to Federal Charter.--The powers granted to the Civil \nAir Patrol in section 40304 of title 36, including the power to adopt a \nconstitution, bylaws, and regulations, are subject to the approval of \nthe Secretary of the Air Force under the authority granted to the \nSecretary by this section and are subject to any policies, regulations, \nor instructions issued by the Secretary under that authority.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by striking the item relating to section 9442 \nand inserting the following new items:\n\n``9442. Air Force role in management.\n``9443. Assistance by other agencies.''.","summary":"Provides for the use of Patrol members and employees .","title":"To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol.","text_len":5385,"sum_len":54} {"bill_id":"110_hr994","text":"SECTION 1. INDEPENDENT SAFETY ASSESSMENT.\n\n Not later than 6 months after the date of enactment of this Act, \nthe Nuclear Regulatory Commission shall transmit to the Congress a \nreport containing the results of--\n (1) a focused, in-depth Independent Safety Assessment of \n the design, construction, maintenance, and operational safety \n performance of the systems at the Indian Point Energy Center, \n Units 2 and 3, located in Westchester County, New York, \n including the systems described in section 2; and\n (2) a comprehensive evaluation of the radiological \n emergency plan for Indian Point Energy Center, Units 2 and 3, \n conducted by the Nuclear Regulatory Commission and the \n Department of Homeland Security, which shall include--\n (A) a detailed explanation of the factual basis \n upon which the Nuclear Regulatory Commission and the \n Federal Emergency Management Agency relied in--\n (i) approving the radiological emergency \n plan; and\n (ii) making subsequent annual findings of \n reasonable assurance that the plan will \n adequately protect the public in the event of \n an emergency, beginning on July 25, 2003 and \n continuing to the present;\n (B) a detailed response to each of the criticisms \n of the radiological emergency plan contained in the \n Review of Emergency Preparedness of Areas Adjacent to \n Indian Point and Millstone, published by James Lee Witt \n Associates on January 10, 2003; and\n (C) a detailed explanation of what criteria the \n Nuclear Regulatory Commission and Department of \n Homeland Security use in determining whether or not \n reasonable assurance can be provided that the \n radiological emergency plan is adequate to protect \n public health and safety, including what threshold \n figures of injuries and fatalities these agencies \n consider acceptable or tolerable in the event of a \n nuclear accident.\n\nSEC. 2. SYSTEMS.\n\n The systems referred to in section 1(1) are the following:\n (1) The reactor protection system.\n (2) The control room ventilation system and the containment \n ventilation system.\n (3) The 4.16 kv electrical system.\n (4) The condensate system.\n (5) The spent fuel storage systems.\n\nSEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM.\n\n The Independent Safety Assessment conducted at Indian Point Nuclear \nPower Plant shall be conducted by an Independent Safety Assessment Team \nwith 25 members, comprised of--\n (1) 16 members from the Nuclear Regulatory Commission who \n are unaffiliated with the Nuclear Regulatory Commission Region \n 1 office or the Nuclear Regulatory Commission Office of Nuclear \n Reactor Regulation;\n (2) 6 independent contractors with no history of having \n worked for or at the Indian Point Energy Center or any other \n nuclear power plant owned or operated by Entergy Corporation;\n (3) the President of New York State Energy and Research \n Development Authority or his designee;\n (4) the Director of the Bureau of Hazardous Waste and \n Radiation Management, in the Division of Solid and Hazardous \n Materials of the New York State Department of Environmental \n Conservation, or his designee; and\n (5) a New York State-appointed independent contractor with \n experience in system engineering and no history of affiliation \n with any nuclear power plant owned by Entergy Corporation.\n\nSEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING.\n\n The Independent Safety Assessment conducted at Indian Point Nuclear \nEnergy Center shall be monitored by--\n (1) an Independent Safety Assessment Observation Group \n comprised of 4 officials appointed by the State of New York; \n and\n (2) an Independent Safety Assessment Citizens' Review Team \n comprised of 5 individuals appointed by the State of New York, \n with one resident from each Emergency Planning Zone county \n (Westchester, Rockland, Putnam, and Orange) appointed in \n consultation with the respective County Executive.\nThe Independent Safety Assessment Observation Group and Independent \nSafety Assessment Citizens' Review Team shall frequently provide \npublicly available updates on the progress and conduct of the \nIndependent Security Assessment to the Governor of New York.\n\nSEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL.\n\n The Independent Safety Assessment conducted at Indian Point Energy \nCenter shall be equal in scope, depth, and breadth to the Independent \nSafety Assessment of the Maine Yankee Nuclear Power Plant, located near \nBath, Maine, conducted by the Nuclear Regulatory Commission in 1996.\n\nSEC. 6. INCORPORATION INTO RELICENSING PROCESS.\n\n The final decision by the Nuclear Regulatory Commission as to \nwhether to renew the operating licenses for Unit 2 or Unit 3 at the \nIndian Point Energy Center shall not be made until--\n (1) the Nuclear Regulatory Commission has fully entered the \n complete report and findings of the Independent Safety \n Assessment into the administrative record of the license \n renewal proceeding for Unit 2 and Unit 3 at the Indian Point \n Energy Center; and\n (2) the applicant has fully accepted and implemented all \n findings and recommendations of the Independent Safety \n Assessment, including--\n (A) undertaking all recommended repairs;\n (B) replacement of safety-related equipment;\n (C) changes to monitoring plans; and\n (D) revision of the radiological emergency \n preparedness plans as called for in the report.\nThe applicant shall not be allowed to operate the reactors past the \nexpiration date of its current operating licenses for Unit 2 and Unit 3 \nthrough administrative license renewals or any other means prior to \nmeeting the requirements in paragraph (1) and paragraph (2) of this \nsection.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Nuclear Regulatory \nCommission to carry out this Act $10,000,000 for fiscal year 2008, to \nremain available until expended.","summary":"Directs the Nuclear Regulatory Commission (NRC) to report to Congress regarding: (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of certain systems at the Indian Point Energy Center, Units 2 and 3, Westchester County, New York. And (2) a comprehensive evaluation of the radiological emergency plan for the Center, conducted by the NRC and the Department of Homeland Security. Requires that such Independent Safety Assessment be: (1) conducted by an Independent Safety Assessment Team. (2) monitored by an Independent Safety Assessment Observation Group and by an Independent Safety Assessment Citizens' Review Team. And (3) equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the NRC in 1996. Prescribes conditions for a final NRC decision to renew the operating licenses for Units 2 and 3 at the Center.","title":"To require the Nuclear Regulatory Commission to conduct an Independent Safety Assessment of the Indian Point Energy Center.","text_len":6735,"sum_len":987} {"bill_id":"103_s516","text":"SECTION 1. REFERENCES TO SOCIAL SECURITY ACT.\n\n Except as otherwise specifically provided, whenever in this Act an \namendment is expressed in terms of an amendment to or repeal of a \nsection or other provision, the reference shall be considered to be \nmade to that section or other provision of the Social Security Act.\n\nSEC. 2. DURABLE MEDICAL EQUIPMENT.\n\n (a) Definition of Medical Equipment and Supplies.--\n (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended \n by adding at the end the following new subsection:\n\n ``medical equipment and supplies\n\n ``(oo) The term `medical equipment and supplies'' means--\n ``(1) durable medical equipment (as defined in section \n 1861(n));\n ``(2) prosthetic devices (as described in section \n 1861(s)(8));\n ``(3) orthotics and prosthetics (as described in section \n 1861(s)(9));\n ``(4) home dialysis supplies and equipment (as described in \n section 1861(s)(2)(F));\n ``(5) surgical dressings and other devices (as described in \n section 1861(s)(5));\n ``(6) immunosuppressive drugs (as described in section \n 1861(s)(2)(J)); and\n ``(7) such other items as the Secretary may determine.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to items furnished on or after January 1, 1994.\n (b) Development and Application of National Standards for Suppliers \nof Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m) is \namended by adding at the end the following new subsection:\n ``(i) Requirements for Issuance and Renewal of Supplier Numbers for \nSuppliers of Medical Equipment and Supplies.--\n ``(1) Payment.--No payment may be made under this part \n after July 1, 1994, for items furnished by a supplier of \n medical equipment and supplies (as defined in section 1861(oo)) \n unless such supplier meets the national standards specified by \n the Secretary and possesses a valid supplier number.\n ``(2) Revised standards.--\n ``(A) In general.--The Secretary shall, by no later \n than January 1, 1996, in consultation with \n representatives of suppliers of medical equipment and \n supplies, carriers, and consumers, revise the national \n standards for suppliers of medical equipment and \n supplies to include the requirements listed in \n subparagraph (B).\n ``(B) Standards described.--The requirements listed \n in this subparagraph are that suppliers of medical \n equipment and supplies shall--\n ``(i) comply with all applicable State and \n Federal licensure and regulatory requirements;\n ``(ii) maintain a physical facility on an \n appropriate site;\n ``(iii) have proof of appropriate liability \n insurance; and\n ``(iv) meet such other requirements as the \n Secretary may specify.\n ``(C) Applicability of revised standards.--\n Beginning after December 31, 1995, each supplier of \n medical equipment and supplies applying for a supplier \n number or renewing such supplier's supplier number \n shall meet the revised standards described in this \n paragraph.''.\n (c) Certificates of Medical Necessity.--\n (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended \n by subsection (b), is amended--\n (A) in subsection (a), by striking paragraph (16), \n and\n (B) by adding at the end the following new \n subsection:\n ``(j) Certificates of Medical Necessity.--\n ``(1) Standardized certificates.--Not later than July 1, \n 1994, the Secretary shall, in consultation with carriers under \n this part, develop one or more standardized certificates of \n medical necessity (as defined in paragraph (3)) for medical \n equipment and supplies (as defined in section 1861(oo) other \n than paragraphs (4), (6), and (7)). If a certificate of medical \n necessity is required by the Secretary, such standardized \n certificates shall--\n ``(A) be completed by each physician who prescribes \n such medical equipment and supplies for any beneficiary \n under this part, and\n ``(B) be transmitted to the supplier and then to \n the carrier processing the claim for payment for such \n medical equipment and supplies under this part.\n ``(2) Prohibition against distribution by suppliers of \n certificates of medical necessity.--\n ``(A) In general.--Except as provided in \n subparagraph (B), a supplier of medical equipment and \n supplies described in paragraph (1) may not distribute \n to physicians or to individuals entitled to benefits \n under this part for commercial purposes any completed \n or partially completed certificates of medical \n necessity.\n ``(B) Exception for certain billing information.--\n Subparagraph (A) shall not apply with respect to a \n certificate of medical necessity to the extent that \n such certificate contains only information completed by \n the supplier of medical equipment and supplies \n identifying such supplier and the beneficiary to whom \n such medical equipment and supplies are furnished, a \n description of such medical equipment and supplies, any \n product code identifying such medical equipment and \n supplies, and any other administrative information \n identified by the Secretary. In the event a supplier \n provides a certificate of medical necessity containing \n information permitted under this subparagraph, such \n certificate shall also contain the supplier's charge \n and the fee schedule amount for the medical equipment \n or supplies being furnished prior to distribution of \n such certificate to the physician.\n ``(C) Penalty.--Any supplier of medical equipment \n and supplies who knowingly and willfully distributes a \n certificate of medical necessity in violation of \n subparagraph (A) is subject to a civil money penalty in \n an amount not to exceed $1,000 for each such \n certificate of medical necessity so distributed. The \n provisions of section 1128A (other than subsections (a) \n and (b)) shall apply to civil money penalties under \n this subparagraph in the same manner as they apply to a \n penalty or proceeding under section 1128A(a).\n ``(3) Definition.--For purposes of this subsection, the \n term `certificate of medical necessity' means a form or other \n document containing information required by the Secretary to be \n submitted to show that a covered item is reasonable and \n necessary for the diagnosis or treatment of illness or injury \n or to improve the functioning of a malformed body member.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply with respect to certificates of medical necessity \n on or after January 1, 1994.\n (d) Coverage and Review Criteria for Certain Medical Equipment and \nSupplies.--Section 1834 (42 U.S.C. 1395m), as amended by subsection \n(c), is amended by adding at the end the following new subsection:\n ``(k) Coverage and Review Criteria.--\n ``(1) Development and establishment.--Not later than July \n 1, 1994, the Secretary, in consultation with representatives of \n suppliers of medical equipment and supplies (as defined in \n section 1861(oo) other than paragraphs (4), (6), and (7)), \n individuals enrolled under this part, and appropriate medical \n specialty societies, shall develop and establish uniform \n national coverage and utilization review criteria for 200 items \n of medical equipment and supplies (as so defined) selected in \n accordance with the standards described in paragraph (2). The \n Secretary shall publish the criteria as part of the \n instructions provided to fiscal intermediaries and carriers \n under this part and no further publication, including \n publication in the Federal Register, shall be required.\n ``(2) Standards for selecting items subject to criteria.--\n The Secretary may select an item for coverage under the \n criteria developed and established under paragraph (1) if the \n Secretary finds that--\n ``(A) the item is frequently purchased or rented by \n beneficiaries;\n ``(B) the item is frequently subject to a \n determination that such item is not medically \n necessary; or\n ``(C) the coverage or utilization criteria applied \n to the item (as of the date of the enactment of this \n subsection) is not consistent among carriers.\n ``(3) Annual review and expansion of items subject to \n criteria.--The Secretary shall annually review the coverage and \n utilization of items of medical equipment and supplies to \n determine whether items not included among the items selected \n under paragraph (1) should be made subject to uniform national \n coverage and utilization review criteria, and, if appropriate, \n shall develop and apply such criteria to such additional items.\n ``(4) Report on effect of uniform criteria on utilization \n of items.--Not later than January 1, 1995, the Secretary shall \n submit a report to the Committee on Ways and Means and the \n Committee on Energy and Commerce of the House of \n Representatives and the Committee on Finance of the Senate \n analyzing the impact of the uniform criteria established under \n paragraph (1) on the utilization of items of medical equipment \n and supplies by individuals enrolled under this part.''.\n (e) Prohibition Against Multiple Supplier Numbers.--\n (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended \n by subsection (d), is amended by adding at the end the \n following new subsection:\n ``(l) Prohibition Against Multiple Supplier Numbers for Suppliers \nof Medical Equipment and Supplies.--The Secretary may not issue more \nthan one supplier number to any supplier of medical equipment and \nsupplies (as defined in section 1861(oo)) unless the issuance of more \nthan one number is appropriate to identify subsidiary or regional \nentities under the supplier's ownership or control.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to items furnished on or after July 1, 1994.\n (f) Definition of Inducements as Kickbacks Clarified.--\n (1) In general.--Section 1128B(b)(3)(B) (42 U.S.C. 1320a-\n 7b(b)(3)(B)) is amended by inserting before the semicolon \n ``(except that in the case of a contract supply arrangement \n between a skilled nursing facility and a supplier of medical \n supplies and equipment (as defined in section 1861(oo) other \n than paragraphs (4), (6), and (7)), such employment shall not \n be considered bona fide to the extent that it includes tasks of \n a clerical and cataloging nature in transmitting to suppliers \n assignment rights of individuals eligible for benefits under \n part B of title XVIII, or performance of warehousing or stock \n inventory functions)''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply with respect to services furnished on or after \n January 1, 1994.\n (g) Limitation on Beneficiary Liability.--\n (1) In general.--Section 1879 (42 U.S.C. 1395pp) is amended \n by adding at the end the following new subsection:\n ``(h) If a supplier of medical equipment and supplies (as defined \nin section 1861(oo))--\n ``(1) furnishes an item or service to a beneficiary for \n which no payment may be made by reason of section 1834(i);\n ``(2) furnishes an item or service to a beneficiary for \n which payment is denied in advance under section 1834(a)(15);\n ``(3) is excluded from participation under this title; or\n ``(4) furnishes an item or service to a beneficiary for \n which payment is denied under section 1862(a)(1);\nany expenses incurred for items and services furnished to an individual \nby such a supplier on an unassigned basis shall be the responsibility \nof such supplier. The individual shall have no financial responsibility \nfor such expenses and the supplier shall refund on a timely basis to \nthe individual (and shall be liable to the individual for) any amounts \ncollected from the individual for such items or services, unless the \nsupplier informs the individual in advance that payment under this part \nwill not be made for the item or services and the individual agrees to \npay for the item or service.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to items or services furnished on or after July 1, \n 1994.\n (h) Treatment of Nebulizers and Aspirators as Miscellaneous Items \nof Durable Medical Equipment.--\n (1) In general.--Section 1834(a)(3)(A) (42 U.S.C. \n 1395m(a)(3)(A)) is amended by striking ``ventilators, \n aspirators, IPPB machines, and nebulizers'' and inserting \n ``ventilators and IPPB machines''.\n (2) Payment for supplies relating to nebulizers and \n aspirators.--Section 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A)) \n is amended by striking ``and'' at the end of clause (v), by \n striking the period at the end of clause (vi) and inserting ``; \n and'', and by inserting after clause (vi) the following new \n clause:\n ``(vii) In the case of supplies to be used \n in conjunction with a nebulizer or aspirator \n for which payment is made under this paragraph, \n payment shall be in accordance with paragraph \n (2) of this subsection.''.\n (3) Effective date.--The amendments made by this subsection \n shall apply to items furnished on or after January 1, 1994.\n (i) Payment for Ostomy Supplies, Tracheostomy Supplies, \nUrologicals, Surgical Dressings, and Other Medical Supplies.--\n (1) In general.--Section 1834(h)(1) (42 U.S.C. 1395m(h)(1)) \n is amended by adding at the end the following new subparagraph:\n ``(E) Exception for certain items.--Payment for \n ostomy supplies, tracheostomy supplies, urologicals, \n surgical dressings, and other medical supplies shall be \n made in accordance with subparagraphs (B) and (C) of \n section 1834(a)(2) (except that in the case of surgical \n dressings, the national limited payment amount shall be \n computed based on local payment amounts using average \n reasonable charges for the six-month period ending June \n 30, 1993, increased by the covered item update for \n 1994).''.\n (2) Effective dates.--\n (A) In general.--Except as provided in subparagraph \n (B), the amendment made by paragraph (1) shall apply \n with respect to items furnished on or after January 1, \n 1994.\n (B) Surgical dressings and other medical \n supplies.--The amendment made by paragraph (1) with \n respect to surgical dressings and other medical \n supplies shall apply to items supplied on or after July \n 1, 1994.\n (j) Freeze in Reasonable Charges for Parenteral and Enteral \nNutrients, Supplies, and Equipment During 1994.--In determining the \namount of payment under part B of title XVIII of the Social Security \nAct during 1994, the charges determined to be reasonable with respect \nto parenteral and enteral nutrients, supplies, and equipment may not \nexceed the charges determined to be reasonable with respect to such \nnutrients, supplies, and equipment during 1993.\n (k) Studies.--\n (1) Supplies and services in nursing facilities.--The \n Comptroller General of the United States shall conduct a study \n and report to the Congress no later than January 1, 1995, on \n the types, volume, and utilization of services and supplies \n furnished under contract or under arrangement with suppliers to \n individuals eligible for benefits under title XVIII of the \n Social Security Act residing in skilled nursing facilities and \n nursing facilities.\n (2) Descriptions relating to certain codes.--The \n Comptroller General of the United States shall conduct a study \n beginning no earlier than July 1, 1994, and report to the \n Congress no later than January 1, 1995, on--\n (A) whether changes made by the Department of \n Health and Human Services to the descriptions relating \n to the codes for medical equipment and supplies (as \n defined in section 1861(oo) of the Social Security Act \n other than paragraphs (4), (6), and (7))--\n (i) accurately reflect the items being \n furnished under such codes, and\n (ii) are sufficiently explicit to \n distinguish between items of varying quality \n and price, and\n (B) recommendations for additional changes that \n would improve the descriptions relating to the codes \n for such items.\n\n \n\nS 516 IS----2","summary":"Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise procedures under Medicare part B with regard to durable medical equipment, including requirements for: (1) national standards and supplier numbers for suppliers of medical equipment and supplies. (2) standardized certificates of medical necessity and uniform national coverage and utilization review criteria for certain medical equipment and supplies. (3) limited Medicare beneficiary liability for items and services for which payment is prohibited by reason of a supplier's failure to meet such national standards or lack of a valid supplier number. (4) the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment. And (5) payment of ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Amends SSA title XI to modify anti-kickback provisions. Provides for a freeze under Medicare part B in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1994. Requires the Comptroller General to study and report to the Congress on: (1) services and supplies furnished to Medicare-eligible nursing facility residents. And (2) changes made to descriptions relating to codes for medical equipment and supplies.","title":"A bill to amend title XVIII of the Social Security Act to improve procedures under part B of the medicare program relating to durable medical equipment, and for other purposes.","text_len":18826,"sum_len":1291} {"bill_id":"103_hr3546","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Propane Education and Research Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds that--\n (1) propane gas, or liquefied petroleum gas, is an \n essential energy commodity providing heat, hot water, cooking \n fuel, and motor fuel among its many uses to millions of \n Americans;\n (2) the use of propane is especially important to rural \n citizens and farmers, offering an efficient and economical \n source of gas energy;\n (3) propane has been recognized as a clean fuel and can \n contribute in many ways to reducing the pollution in our cities \n and towns; and\n (4) propane is primarily domestically produced and its use \n provides energy security and jobs for Americans.\n\nSEC. 3. DEFINITIONS.\n\n For the purposes of this Act--\n (1) the term ``Council'' means the Propane Education and \n Research Council created pursuant to section 4 of this Act;\n (2) the term ``industry'' means those persons involved in \n the production, transportation, and sale of propane, and in the \n manufacture and distribution of propane utilization equipment, \n in the United States;\n (3) the term ``industry trade association'' means an \n organization exempt from tax, under section 501(c)(3) or (6) of \n the Internal Revenue Code of 1986, representing the propane \n industry;\n (4) the term ``odorized propane'' means propane which has \n had odorant added to it;\n (5) the term ``producer'' means the owner of the propane at \n the time it is recovered at a manufacturing facility;\n (6) the term ``propane'' means a hydrocarbon whose chemical \n composition is predominantly C<SUP>3H<SUP>8, whether recovered \n from natural gas or crude oil;\n (7) the term ``public member'' means a member of the \n Council, other than a representative of producers or retail \n marketers, representing significant users of propane, public \n safety officials, academia, the propane research community, or \n other groups knowledgeable about propane;\n (8) the term ``qualified industry organization'' means the \n National Propane Gas Association, the Gas Processors \n Association, a successor association of such associations, or a \n group of retail marketers or producers who collectively \n represent 25 percent of the volume of propane sold or produced \n in the United States;\n (9) the term ``retail marketer'' means a person engaged \n primarily in the sale of odorized propane to the ultimate \n consumer or to retail propane dispensers;\n (10) the term ``retail propane dispenser'' means a person \n who sells odorized propane to the ultimate consumer but is not \n engaged primarily in the business of such sales; and\n (11) the term ``Secretary'' means the Secretary of Energy.\n\nSEC. 4. REFERENDA.\n\n (a) Creation of Program.--The Secretary shall conduct a referendum \nas soon as possible among producers and retail marketers to authorize \nthe creation of the Propane Education and Research Council and the \nlevying of an assessment on odorized propane. Voting rights in such \nreferendum shall be based on the volume of propane sold or produced in \nthe previous calendar year or other representative period. Upon \napproval of those persons representing two-thirds of the total volume \nof propane voted in the retail marketer class and two-thirds of all \npropane voted in the producer class, the Secretary shall issue an order \nestablishing the Council. All persons voting in the referendum shall \ncertify to the Secretary the volume of propane represented by their \nvote.\n (b) Termination.--On the Secretary's own initiative, or on petition \nof the Council or of producers and retail marketers representing 35 \npercent of the volume of propane in each class, the Secretary shall \nhold a referendum to determine whether the industry favors termination \nor suspension of the order issued under subsection (a). Termination or \nsuspension shall not take effect unless it is approved by persons \nrepresenting more than one-half of the total volume of odorized propane \nin the retail marketer class and more than one-half of the total volume \nof propane in the producer class.\n\nSEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL.\n\n (a) Appointment of Members.--Upon issuance of an order by the \nSecretary under section 4(a) establishing the Propane Education and \nResearch Council, the Secretary shall select all retail marketer and \nproducer members of the Council from a list of nominees submitted by \nqualified industry organizations. Nominees need not be members of a \nqualified industry organization. The public members of the Council \nshall be appointed by the Secretary. Vacancies in unfinished terms of \nCouncil members shall be filled in the same manner as were the original \nappointments.\n (b) Representation.--In making nominations and appointments to the \nCouncil, the qualified industry organizations and the Secretary shall \ngive due regard to selecting a Council that is representative of the \nindustry, including representation of--\n (1) gas processors and oil refiners among producers;\n (2) interstate and intrastate operators among retail \n marketers;\n (3) large and small companies among producers and retail \n marketers; and\n (4) diverse geographic regions of the country.\n (c) Membership.--The Council shall consist of 21 members, with 9 \nmembers representing retail marketers, 9 members representing \nproducers, and 3 public members. Other than the public members, Council \nmembers shall be full-time employees or owners of businesses in the \nindustry. No employee of a qualified industry organization or other \nindustry trade association shall serve as a member of the Council, and \nno member of the Council may serve concurrently as an officer of the \nBoard of Directors of a qualified industry organization or other \nindustry trade association. Only one person at a time from any company \nor its affiliate may serve on the Council.\n (d) Compensation.--Council members shall receive no compensation \nfor their services, nor shall Council members be reimbursed for \nexpenses relating to their service, except that public members, upon \nrequest, may be reimbursed for reasonable expenses directly related to \ntheir participation in Council meetings.\n (e) Terms.--Council members shall serve terms of 3 years and may \nserve not more than 2 full terms. Members filling unexpired terms may \nserve not more than a total of 7 years. Former members of the Council \nmay be returned to the Council if they have not been members for a \nperiod of 2 years. Initial appointments to the Council shall be for \nterms of 1, 2, and 3 years, staggered to provide for the election of 7 \nmembers each year.\n (f) Functions.--The Council shall develop programs and projects and \nenter into contracts or agreements for implementing this Act, including \nprograms to enhance consumer safety, to provide for research and \ndevelopment of clean and efficient propane utilization equipment, to \ninform and educate the public, to develop and preserve markets for \npropane, and to provide for the payment of the costs thereof with funds \ncollected pursuant to this Act. The Council shall coordinate its \nactivities with industry trade association and others as appropriate to \nprovide efficient delivery of services and to avoid unnecessary \nduplication of activities.\n (g) Administration.--The Council shall select from among its \nmembers a Chairman and other officers as necessary, may establish \ncommittees and subcommittees of the Council, and shall adopt rules and \nbylaws for the conduct of business and the implementation of this Act. \nThe Council shall establish procedures for the solicitation of industry \ncomment and recommendations on any significant plans, programs, and \nprojects to be funded by the Council. The Council may establish \nadvisory committees of persons other than Council members.\n (h) Employees; Administrative Expenses.--The Council may employ a \nperson to serve as Chief Executive Officer and such other employees as \nit considers necessary. The Council shall determine the compensation \nand duties of each employee, and shall protect the handling of Council \nfunds through fidelity bonds. The administrative expenses of operating \nthe Council shall not exceed 10 percent of the funds collected in any \nfiscal year.\n (i) Budget.--Before August 1 each year, the Council shall publish \nfor industry review and comment a budget plan for the next calendar \nyear, including the probable costs of all programs, projects, and \ncontracts and a recommended rate of assessment sufficient to cover such \ncosts. Following this review and comment, the Council shall submit the \nproposed budget to the Secretary. The Secretary shall recommend any \nchanges the Secretary considers appropriate to the budget after an \nopportunity for public comment.\n (j) Records; Audits.--The Council shall keep minutes, books, and \nrecords that clearly reflect all of the acts and transactions of the \nCouncil and regularly report such information to the Secretary, along \nwith such other information as the Secretary may require. The books of \nthe Council shall be audited by a certified public accountant at least \nonce each fiscal year and at such other times as the Council may \ndesignate. Copies of such audit shall be provided to the Secretary, all \nmembers of the Council, all qualified industry organizations, and to \nother members of the industry upon request. The Secretary shall receive \nnotice of meetings and may require reports on the activities of the \nCouncil, as well as reports on compliance, violations, and complaints \nregarding the implementation of this Act.\n (k) Reimbursement of Federal Expenses.--From assessments collected, \nthe Council shall annually reimburse the Secretary for costs incurred \nin holding the referendum establishing the Council, making appointments \nto the Council, and other expenses directly related to the Council, not \nin excess of the cost of three employee years, as determined by the \nSecretary.\n\nSEC. 6. ASSESSMENTS.\n\n (a) Amount.--The Council shall set the initial assessment at no \ngreater than one tenth of 1 cent per gallon of odorized propane. \nThereafter, annual assessments shall be sufficient to cover the costs \nof the plans and programs developed by the Council. The assessment \nshall not be greater than one-half cent per gallon of odorized propane, \nunless approved by a majority of those voting in a referendum in both \nthe producer and the retail marketer class. The assessment may not be \nraised by more than one tenth of 1 cent per gallon of odorized propane \nannually.\n (b) Ownership.--The owner of odorized propane at the time of \nodorization, or the time of import of odorized propane, shall pay the \nassessment based on the volume of odorized propane sold and placed into \ncommerce. Assessments are payable to the Council on a monthly basis by \nthe 25th of the month following the month of such sale. Propane \nexported from the United States to another country is not subject to \nthe assessment.\n (c) Alternative Collection Rules.--The Secretary may by regulation, \nwith the concurrence of the Council, establish an alternative means of \ncollecting the assessment if another means is found to be more \nefficient and effective. The Secretary may by regulation establish a \nlate payment charge and rate of interest to be imposed on any person \nwho fails to remit, collect, or pay to the Council any amount due under \nthis Act.\n (d) Investment of Funds.--Pending disbursement pursuant to a \nprogram, plan, or project, the Council may invest funds collected \nthrough assessments, and any other funds received by the Council, only \nin obligations of the United States or any agency thereof, in general \nobligations of any State or any political subdivision thereof, in any \ninterest-bearing account or certificate of deposit of a bank that is a \nmember of the Federal Reserve System, or in obligations fully \nguaranteed as to principal and interest by the United States.\n (e) State Programs.--After consultation with the Council, the \nSecretary may by regulation establish a program coordinating the \noperation of the Council with those of any State propane education and \nresearch council or similar entity created by State law. This may \ninclude a joint or coordinated assessment collection process, a reduced \nassessment, or an assessment rebate. If adopted, the reduction in \nassessment or rebate may be in an amount not to exceed 20 percent of \nthe regular assessment collected in that State under this section. \nAssessment rebates shall be paid only to a State propane education and \nresearch council or similar entity that meets the requirements \nestablished by the Council, and only for specific projects approved by \nthe Council.\n\nSEC. 7. ENFORCEMENT.\n\n (a) Cease and Desist Orders; Civil Penalties.--The Secretary, after \nproviding notice and an opportunity for hearing, may, with respect to \nany person who violates any provision of this Act or any plan, \nregulation, or order issued under this Act--\n (1) issue an order requiring that person to cease and \n desist from continuing such violation; and\n (2) assess a civil penalty not to exceed $5,000 for each \n such violation.\nEach day during which a violation continues shall be considered a \nseparate violation.\n (b) Investigatory Powers.--In order to carry out this Act, the \nSecretary may administer oaths and affirmations, subpoena witnesses, \ncompel their attendance, take evidence, and require the production of \nany books, papers, and documents which are relevant to the inquiry. \nSuch attendance of witnesses and the production of any such records may \nbe required from any place in the United States. The district courts of \nthe United States may punish a failure to comply with a subpoena issued \nunder this subsection as a contempt of the court.\n\nSEC. 8. LOBBYING RESTRICTIONS.\n\n No funds collected by the Council shall be used in any manner for \ninfluencing legislation or elections, except that the Council may \nrecommend to the Secretary changes in this Act or other statutes that \nwould further the purposes of this Act.\n\nSEC. 9. ADMINISTRATIVE PROVISIONS.\n\n Nothing in this Act may be construed to preempt or supersede any \nother program relating to propane education and research organized and \noperated under the laws of the United States or any State.\n\nSEC. 10. ISSUANCE OF REGULATIONS.\n\n Within 9 months after the date of enactment of this Act, the \nSecretary shall issue regulations for the implementation of this Act. \nThe Secretary may require such reports or documentation as is necessary \nto document the referendum process and the nomination process for \nmembers of the Council and shall protect the confidentiality of all \nsuch documentation provided by industry members.","summary":"Propane Education and Research Act of 1993 - Directs the Secretary of Energy to conduct a referendum among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Makes it the Council's mission to develop programs and enter into contracts for: (1) propane research and development, (2) consumer education, (3) propane market development. And (4) payment for program costs with funds collected under this Act. Prescribes guidelines under which the Council shall set annual assessments to cover program costs. Authorizes the Secretary to establish a program to coordinate Council operations with any State propane education and research council. Proscribes the use of Council funds for lobbying activities. Directs the Secretary to issue implementation regulations.","title":"Propane Education and Research Act of 1993","text_len":15295,"sum_len":864} {"bill_id":"110_s2183","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community-Based Mental Health \nInfrastructure Improvements Act''.\n\nSEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT.\n\n Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) \nis amended by adding at the end the following:\n\n ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS\n\n``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE \n IMPROVEMENTS.\n\n ``(a) Grants Authorized.--The Secretary may award grants to \neligible entities to expend funds for the construction or modernization \nof facilities used to provide mental health and behavioral health \nservices to individuals.\n ``(b) Eligible Entity.--In this section, the term `eligible entity' \nmeans--\n ``(1) a State that is the recipient of a Community Mental \n Health Services Block Grant under subpart I of part B of title \n XIX and a Substance Abuse Prevention and Treatment Block Grant \n under subpart II of such part; or\n ``(2) an Indian tribe or a tribal organization (as such \n terms are defined in sections 4(b) and 4(c) of the Indian Self-\n Determination and Education Assistance Act).\n ``(c) Application.--A eligible entity desiring a grant under this \nsection shall submit to the Secretary an application at such time, in \nsuch manner, and containing--\n ``(1) a plan for the construction or modernization of \n facilities used to provide mental health and behavioral health \n services to individuals that--\n ``(A) designates a single State or tribal agency as \n the sole agency for the supervision and administration \n of the grant;\n ``(B) contains satisfactory evidence that such \n agency so designated will have the authority to carry \n out the plan;\n ``(C) provides for the designation of an advisory \n council, which shall include representatives of \n nongovernmental organizations or groups, and of the \n relevant State or tribal agencies, that aided in the \n development of the plan and that will implement and \n monitor any grant awarded to the eligible entity under \n this section;\n ``(D) in the case of an eligible entity that is a \n State, includes a copy of the State plan under section \n 1912(b) and section 1932(b);\n ``(E)(i) includes a listing of the projects to be \n funded by the grant; and\n ``(ii) in the case of an eligible entity that is a \n State, explains how each listed project helps the State \n in accomplishing its goals and objectives under the \n Community Mental Health Services Block Grant under \n subpart I of part B of title XIX and the Substance \n Abuse Prevention and Treatment Block Grant under \n subpart II of such part;\n ``(F) includes assurances that the facilities will \n be used for a period of not less than 10 years for the \n provision of community-based mental health or substance \n abuse services for those who cannot pay for such \n services, subject to subsection (e); and\n ``(G) in the case of a facility that is not a \n public facility, includes the name and executive \n director of the entity who will provide services in the \n facility; and\n ``(2) with respect to each construction or modernization \n project described in the application--\n ``(A) a description of the site for the project;\n ``(B) plans and specifications for the project and \n State or tribal approval for the plans and \n specifications;\n ``(C) assurance that the title for the site is or \n will be vested with either the public entity or private \n nonprofit entity who will provide the services in the \n facility;\n ``(D) assurance that adequate financial resources \n will be available for the construction or major \n rehabilitation of the project and for the maintenance \n and operation of the facility;\n ``(E) estimates of the cost of the project; and\n ``(F) the estimated length of time for completion \n of the project.\n ``(d) Subgrants by States.--\n ``(1) In general.--A State that receives a grant under this \n section may award a subgrant to a qualified community program \n (as such term is used in section 1913(b)(1)).\n ``(2) Use of funds.--Subgrants awarded pursuant to \n paragraph (1) may be used for activities such as--\n ``(A) the construction, expansion, and \n modernization of facilities used to provide mental and \n behavioral health services to individuals;\n ``(B) acquiring and leasing facilities and \n equipment (including paying the costs of amortizing the \n principal of, and paying the interest on, loans for \n such facilities and equipment) to support or further \n the operation of the subgrantee; and\n ``(C) the construction and structural modification \n (including equipment acquisition) of facilities to \n permit the integrated delivery of behavioral health and \n primary care of specialty medical services to \n individuals with co-occurring mental illnesses and \n chronic medical or surgical diseases at a single \n service site.\n ``(e) Request To Transfer Obligation.--An eligible entity that \nreceives a grant under this section may submit a request to the \nSecretary for permission to transfer the 10-year obligation of facility \nuse, as described in subsection (c)(1)(F), to another facility.\n ``(f) Agreement to Federal Share.--As a condition of receipt of a \ngrant under this section, an eligible entity shall agree, with respect \nto the costs to be incurred by the entity in carrying out the \nactivities for which such grant is awarded, that the entity will make \navailable non-Federal contributions (which may include State or local \nfunds, or funds from the qualified community program) in an amount \nequal to not less than $1 for every $1 of Federal funds provided under \nthe grant.\n ``(g) Reporting.--\n ``(1) Reporting by states.--During the 10-year period \n referred to in subsection (c)(1)(F), the Secretary shall \n require that a State that receives a grant under this section \n submit, as part of the report of the State required under the \n Community Mental Health Services Block Grant under subpart I of \n part B of title XIX and the Substance Abuse Prevention and \n Treatment Block Grant under subpart II of such part, a \n description of the progress on--\n ``(A) the projects carried out pursuant to the \n grant under this section; and\n ``(B) the assurances that the facilities involved \n continue to be used for the purpose for which they were \n funded under such grant during such 10-year period.\n ``(2) Reporting by indian tribes and tribal \n organizations.--The Secretary shall establish reporting \n requirements for Indian tribes and tribal organizations that \n receive a grant under this section. Such reporting requirements \n shall include that such Indian tribe or tribal organization \n provide a description of the progress on--\n ``(A) the projects carried out pursuant to the \n grant under this section; and\n ``(B) the assurances that the facilities involved \n continue to be used for the purpose for which they were \n funded under such grant during the 10-year period \n referred to in subsection (c)(1)(F).\n ``(h) Failure To Meet Obligations.--\n ``(1) In general.--If an eligible entity that receives a \n grant under this section fails to meet any of the obligations \n of the entity required under this section, the Secretary shall \n take appropriate steps, which may include--\n ``(A) requiring that the entity return the unused \n portion of the funds awarded under this section for the \n projects that are incomplete; and\n ``(B) extending the length of time that the entity \n must ensure that the facility involved is used for the \n purposes for which it is intended, as described in \n subsection (c)(1)(F).\n ``(2) Hearing.--Prior to requesting the return of the funds \n under paragraph (1)(B), the Secretary shall provide the entity \n notice and opportunity for a hearing.\n ``(i) Collaboration.--The Secretary may establish intergovernmental \nand interdepartmental memorandums of agreement as necessary to carry \nout this section.\n ``(j) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $20,000,000 for fiscal year 2008 \nand such sums as may be necessary for each of fiscal years 2009 through \n2012.''.","summary":"Community-Based Mental Health Infrastructure Improvements Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to eligible entities for the construction or modernization of facilities to provide mental health and behavioral health services to individuals. Defines an eligible entity as: (1) a state that is the recipient of a Community Mental Health Services Block Grant and a Substance Abuse Prevention and Treatment Block Grant under such Act. Or (2) an Indian tribe or a tribal organization. Includes among grant application requirements assurances that facilities will be used for not less than 10 years for community-based mental health or substance abuse services for those who cannot pay for such services. Permits a grant recipient to request permission to transfer such 10-year obligation to another facility. Authorizes a state that receives a grant to award a subgrant to a qualified community program for activities such as: (1) the construction, expansion, and modernization of mental and behavioral health facilities. And (2) the construction and structural modification of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site. Requires a grant recipient to agree to make available nonfederal contributions matching federal funds provided.","title":"A bill to amend the Public Health Service Act to provide grants for community-based mental health infrastructure improvement.","text_len":9776,"sum_len":1491} {"bill_id":"111_s2379","text":"SECTION 1. CERTAIN THREE-RING BINDERS WHOLLY OR PREDOMINANTLY COVERED \n WITH POLYESTER FABRICS.\n\n (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new headings:\n\n\n`` 9902.73.01 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings not\n exceeding\n approximately 51\n mm in diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm.....\n 9902.73.02 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings\n exceeding 51 mm\n diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm.....\n 9902.73.03 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings not\n exceeding\n approximately 51\n mm in diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with a zipper\n closure..........\n 9902.73.04 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings\n exceeding 51mm\n diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with a zipper\n closure..........\n\n\n\n 9902.73.05 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings not\n exceeding\n approximately 51\n mm in diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with a hook and\n loop closure.....\n 9902.73.06 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings not\n exceeding\n approximately 51\n mm in diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with a hook and\n loop closure.....\n 9902.73.07 Three-ring binders Free No change No change On or before\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings not\n exceeding\n approximately 51\n mm in diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with an elastic\n band closure.....\n 9902.73.08 Three-ring binders Free No change No change On or before ''.\n with outer 12\/31\/2011...\n surface wholly or\n predominantly\n covered with\n polyester fabric\n (provided for in\n subheading\n 6307.90.98), with\n metal rings\n exceeding 51mm in\n diameter,\n designed to\n contain standard\n sheets of letter-\n sized paper\n measuring\n approximately 51\n mm by 280 mm,\n with an elastic\n band closure.....\n\n (b) Effective Date.--The amendment made by subsection (a) applies \nto goods entered, or withdrawn from warehouse for consumption, on or \nafter the 15th day after the date of the enactment of this Act.","summary":"Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.","title":"A bill to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.","text_len":8448,"sum_len":176} {"bill_id":"114_hr5871","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spearfish Canyon and Bismarck Lake \nLand Exchange Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Federal land.--The term ``Federal land'' means--\n (A) the approximately 1,468 acres of land \n (including any improvements to the land) in the Forest \n that is--\n (i) known as the ``Spearfish Canyon Area''; \n and\n (ii) generally depicted on the map \n described in paragraph (3)(A); and\n (B) the approximately 524 acres of land (including \n any improvements to the land) in the Forest that is--\n (i) known as the ``Bismarck Lake Area''; \n and\n (ii) generally depicted on the map \n described in paragraph (3)(B).\n (2) Forest.--The term ``Forest'' means the Black Hills \n National Forest in the State.\n (3) Maps.--The term ``Maps'' means each of--\n (A) the map entitled ``Spearfish Canyon Area \n Federal Land'' and dated June 8, 2016;\n (B) the map entitled ``Bismarck Lake Area Federal \n Land'' and dated June 8, 2016;\n (C) the map entitled ``Lyman County Non-Federal \n Land'' and dated June 8, 2016;\n (D) the map entitled ``Pennington County Non-\n Federal Land'' and dated June 8, 2016; and\n (E) the map entitled ``Lawrence County Non-Federal \n Land'' and dated June 8, 2016.\n (4) Non-federal land.--The term ``non-Federal land'' means \n the 4 parcels of land, comprising approximately 1,954 acres, as \n depicted on the maps described in subparagraphs (C), (D), and \n (E) of paragraph (3).\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (6) State.--The term ``State'' means the State of South \n Dakota.\n\nSEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA.\n\n (a) Land Exchange Required.--If the State conveys to the Secretary \nall right, title, and interest of the State in and to the non-Federal \nland, the Secretary shall convey to the State all right, title, and \ninterest of the United States in and to the Federal land.\n (b) Appraisals.--\n (1) In general.--As soon as practicable after the date of \n enactment of this Act, the Secretary and the State shall select \n an appraiser to conduct appraisals of the Federal land and non-\n Federal land.\n (2) Requirements.--\n (A) In general.--Except as provided in subparagraph \n (B), an appraisal required under this subsection shall \n be conducted in accordance with nationally recognized \n appraisal standards, including--\n (i) the Uniform Appraisal Standards for \n Federal Land Acquisitions; and\n (ii) the Uniform Standards of Professional \n Appraisal Practice.\n (B) Agricultural value.--The value of the Federal \n land and non-Federal land shall be determined based on \n the agricultural value of the Federal land and non-\n Federal land to be exchanged.\n (c) Equal Value Exchange.--\n (1) In general.--The value of the Federal land and non-\n Federal land to be exchanged under subsection (a) shall--\n (A) be equal; or\n (B) be equalized in accordance with this \n subsection.\n (2) Surplus of federal land.--If the final appraised value \n of the Federal land exceeds the final appraised value of the \n non-Federal land, the State shall--\n (A) convey additional non-Federal land in the State \n to the Secretary, consistent with the requirements of \n this Act;\n (B) make a cash payment to the Secretary; or\n (C) use a combination of the methods described in \n subparagraphs (A) and (B), as agreed to by the \n Secretary and the State.\n (3) Surplus of non-federal land.--If the final appraised \n value of the non-Federal land exceeds the final appraised value \n of the Federal land, parcels of the non-Federal land may be \n excluded from the exchange in sufficient quantity to result in \n an equal value exchange.\n (d) Survey; Administrative Costs.--\n (1) In general.--The exact acreage and legal description of \n the land to be exchanged under subsection (a) shall be \n determined by a survey satisfactory to the Secretary.\n (2) Costs.--The costs of the survey and any administrative \n costs relating to the land exchange shall be paid by the State.\n (e) NEPA Compliance.--\n (1) Deadline for completion.--Not later than 1 year after \n the date on which the State offers to convey the non-Federal \n land to the Secretary under subsection (a), the Secretary shall \n complete any environmental analysis required under the National \n Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with \n respect to the land exchange carried out under this section.\n (2) Costs.--The costs of any environmental analysis under \n this subsection shall be paid by the Secretary.\n (f) Additional Terms and Conditions.--The land exchange under \nsubsection (a) shall be subject to any additional terms and conditions \nthat the Secretary and the State may agree on.\n\nSEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND.\n\n (a) In General.--The non-Federal land acquired by the Secretary \nunder section 3 shall be--\n (1) added to, and administered as part of, the Forest; and\n (2) managed in accordance with the laws (including \n regulations) applicable to the National Forest System.\n (b) Grazing on Non-Federal Land.--If the non-Federal land exchanged \nunder this Act is subject to a lease, permit, or contract for the \ngrazing of domestic livestock in effect on the date of acquisition of \nthe non-Federal land, the Secretary shall allow the grazing to continue \nsubject to the related terms and conditions of user agreements, \nincluding permitted stocking rates, grazing fee levels, access rights, \nand ownership and use of range improvements.\n (c) Condition on Use of Federal Land.--As a condition of the land \nexchange under this Act, the Federal land acquired by the State under \nsection 3 shall be managed by the State for public recreation uses and \nthe conservation of natural resources.\n\nSEC. 5. MAPS.\n\n (a) Availability.--The Maps shall be on file and available for \npublic inspection in the Office of the Forest Supervisor of the Forest.\n (b) Corrections.--With the agreement of the State, the Secretary \nmay make technical corrections to the Maps and legal descriptions of \nthe Federal land and non-Federal land to be exchanged under this \nsection.","summary":"Spearfish Canyon and Bismarck Lake Land Exchange Act This bill directs the Department of Agriculture (USDA), if South Dakota conveys to it four parcels of specified nonfederal lands, comprising 1,954 acres, to convey to South Dakota in exchange 1,468 acres known as the quot, Spearfish Canyon Areaquot, and 524 acres known as the quot, Bismarck Lake Areaquot. In the Black Hills National Forest in South Dakota. The values of the federal and nonfederal lands to be exchanged shall be equal. USDA shall complete any environmental analyses required under the National Environmental Policy Act of 1969 regarding the land exchange carried out under this bill. The nonfederal lands acquired by USDA shall be added to and administered as part of the forest. The federal lands acquired by South Dakota shall be managed by it for public recreation uses and the conservation of natural resources.","title":"Spearfish Canyon and Bismarck Lake Land Exchange Act","text_len":7342,"sum_len":887} {"bill_id":"113_s2711","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Commission on \nInternational Religious Freedom Reform and Reauthorization Act of \n2014''.\n\nSEC. 2. ESTABLISHMENT AND COMPOSITION.\n\n (a) Leadership.--Subsection (d) of section 201 of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended to read as \nfollows:\n ``(d) Election of Chair.--At the first meeting of the Commission \nafter May 30 of each year, a majority of the Members of the Commission \npresent and voting shall elect the Chair and Vice Chair of the \nCommission, subject to the following requirements:\n ``(1) Initial elections.--At the first meeting of the \n Commission after May 30, 2015, the Members of the Commission \n shall elect as Chair a Commissioner appointed by an elected \n official of the political party that is not the political party \n of the President, and as Vice Chair a Commissioner appointed by \n an elected official of the political party of the President.\n ``(2) Future elections.--At the first meeting of the \n Commission after May 30, 2016, the Members of the Commission \n shall elect as Chair a Commissioner appointed by an elected \n official of the political party of the President, and as Vice \n Chair a Commissioner appointed by an elected official of the \n political party that is not the political party of the \n President. Thereafter, positions of Chair and Vice Chair shall \n continue to rotate on an annual basis between Commissioners \n appointed by elected officials of each political party.\n ``(3) Term limits.--No Member of the Commission is eligible \n to be elected as Chair of the Commission for a second term, and \n no Member of the Commission is eligible to be elected as Vice \n Chair of the Commission for a second term.''.\n (b) Attendance at Meetings of Ambassador at Large for International \nReligious Freedom.--Subsection (f) of such section (22 U.S.C. 6431(f)) \nis amended by adding at the end the following: ``The Ambassador at \nLarge shall be given advance notice of all Commission meetings and may \nattend all Commission meetings as a non-voting Member of the \nCommission.''.\n (c) Appointments in Cases of Vacancies.--Subsection (g) of such \nsection (22 U.S.C. 6431(g)) is amended by striking the second sentence.\n\nSEC. 3. POWERS OF THE COMMISSION.\n\n Section 203(e) of the International Religious Freedom Act of 1998 \n(22 U.S.C. 6432a) is amended to read as follows:\n ``(e) Views of the Commission.--The Members of the Commission may \nspeak in their capacity as private citizens. Statements on behalf of \nthe Commission shall be issued in writing over the names of the \nMembers. Members of the Commission shall make every effort to reach \nconsensus on all statements on behalf of the Commission, including \ntestimony, press releases, and articles by Commissioners or Commission \nstaff. When a statement supported by all Commissioners is not possible, \nthe Commission shall issue a statement only if such statement is \napproved by an affirmative vote of at least six of the nine Members of \nthe Commission and each Member of the Commission may include the \nindividual or dissenting views of the Member. The Commission shall in \nits written statements clearly describe its statutory authority, \ndistinguishing that authority from that of appointed or elected \nofficials of the United States Government. Oral statements, where \npracticable, shall include a similar description.''.\n\nSEC. 4. COMMISSION PERSONNEL MATTERS.\n\n (a) Staff Directors.--Section 204 of the International Religious \nFreedom Act of 1998 (22 U.S.C. 6432b) is amended by striking \nsubsections (a), (b), and (c) and inserting the following new \nsubsections:\n ``(a) Committee Functions.--Subject to subsection (c), the \nCommission may appoint and fix the pay of such staff personnel as it \ndeems desirable. All decisions pertaining to the hiring, firing, and \nfixing of pay of personnel of the Commission shall be by an affirmative \nvote of at least six of the nine Members of the Commission, except \nthat--\n ``(1) Members of the Commission appointed by an elected \n official of the political party of the President, by a majority \n vote thereof, shall be entitled to appoint, terminate, and fix \n the pay of a Majority Staff Director and shall have the \n authority to appoint, terminate, and fix the pay of three \n professional staff members who shall be responsible to the \n Members of the Commission of the political party of the \n President; and\n ``(2) Members of the Commission appointed by an elected \n official of the political party that is not the political party \n of the President, by a majority vote thereof, shall be entitled \n to appoint, terminate, and fix the pay of a Minority Staff \n Director and shall have the authority to appoint, terminate, \n and fix the pay of three professional staff members who shall \n be responsible to the Members of the Commission of the \n political party that is not the political party of the \n President.\n ``(b) Staff Appointments and Compensation.--All staff appointments \nshall be made without regard to the provisions of chapter 51 and \nsubchapter III of chapter 53 of title 5 relating to classification of \npositions and General Schedule pay rates, except that the rate of pay \nfor the Majority Staff Director, Minority Staff Director, and other \npersonnel may not exceed the rate payable for level V of the Executive \nSchedule under section 5316 of such title.\n ``(c) Qualifications of Professional Staff.--The Commission shall \nensure that the professional staff of the Commission consists of \npersons with expertise in areas relevant to the issue of international \nreligious freedom, including foreign affairs, direct experience abroad, \nhuman rights, and international law.''.\n (b) Conforming Amendments.--Subsection (e) of such section (22 \nU.S.C. 6432b(e)) is amended by striking ``The Executive Director'' both \nplaces it appears and inserting ``The Majority Staff Director and the \nMinority Staff Director''.\n\nSEC. 5. REPORT OF COMMISSION.\n\n (a) Report Publication Date.--Section 205(a) of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6433(a)) is amended by \nstriking ``Not later than May 1 of each year'' and inserting ``Each \nyear, not earlier than 30 days after, and not later than 90 days after, \nthe publication of the Department of State's Annual Report on \nInternational Religious Freedom''.\n (b) Consensus on Reports.--Section 205(c) of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6433(c)) is amended to read as \nfollows:\n ``(c) Individual or Dissenting Views.--Members of the Commission \nshall make every effort to reach consensus on the report. When a report \nsupported by all Commissioners is not possible, the report shall be \napproved by an affirmative vote of at least six of the nine Members of \nthe Commission and each Member of the Commission may include the \nindividual or dissenting views of the Member.''.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 207(a) of the International Religious Freedom Act of 1998 \n(22 U.S.C. 6435(a)) is amended by striking ``2014'' and inserting \n``2016''.\n\nSEC. 7. TERMINATION.\n\n Section 209 of the International Religious Freedom Act of 1998 (22 \nU.S.C. 6436) is amended by striking ``September 30, 2014'' and \ninserting ``September 30, 2016''.","summary":"United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 - Amends the International Religious Freedom Act of 1998 to reauthorize the US Commission on International Religious Freedom through September 30, 2016. Directs the Commission, during an initial election, to elect: (1) as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and (2) as Vice Chair a Commissioner appointed by an elected official of the political party of the President. Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Requires the Ambassador at Large to be notified in advance of all Commission meetings. Allows the Ambassador to attend all meetings as a nonvoting member. Removes authority under which a Commission member may serve after the expiration of that member's term until a successor has taken office. Requires approval by at least six of the nine members of the Commission before: (1) issuance of a statement on behalf of the Commission, or (2) submittal of policy recommendation reports to the President, the Secretary of State, and Congress. Permits each member to include individual or dissenting views. Authorizes elected officials to appoint majority and minority staff directors for the Commission, as well as professional staff for the political parties.","title":"United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014","text_len":7635,"sum_len":1496} {"bill_id":"109_hr4556","text":"SECTION 1. FINDINGS.\n\n Congress finds the following:\n (1) According to a 2003 Government Accountability Office \n report, even after accounting for factors such as occupation, \n industry, race, marital status, job tenure, and differing work \n patterns, all of which affect earnings, women are paid, on \n average, 80 cents compared to every dollar that men are paid.\n (2) According to the same report, the earnings gap between \n men and women has persisted without statistically significant \n changes for the past two decades.\n (3) According to a 2001 report by the Bureau of Labor \n Statistics, the earnings gap among working men and women is \n widest among parents.\n (4) Some women choose to trade advancing in their careers \n or higher earnings for a job offering the flexibility to manage \n family responsibilities alongside work.\n (5) According to a 2001 Government Accountability Office \n study, in 1995 and 2000, female full-time managers earned less \n than their male counterparts.\n (6) According to the same study, in 7 of the 10 industries \n studied, the earnings gap between female and male full-time \n managers actually widened between 1995 and 2000.\n (7) Women make up 46 percent of the workforce but represent \n just 12 percent of all corporate officers.\n (8) A reason for the continuing earnings disparity might be \n discrimination as to which roles are considered acceptable for \n men and women and how women are viewed in the workplace.\n (9) According to the February 2004 Monthly Labor Review of \n the Bureau of Labor Statistics, the Department of Labor \n projects that the United States work force is growing at a rate \n of 1 percent per year, in part due to the continually increased \n presence of women.\n\nSEC. 2. CENTER FOR THE STUDY OF WOMEN AND WORKPLACE POLICY.\n\n (a) Establishment.--The Secretary of Labor shall make a grant to an \neligible university to establish the ``Center for the Study of Women \nand Workplace Policy'' (referred to in this Act as the ``Center'').\n (b) Use of Funds.--\n (1) Compilation and analysis of data.--The Center \n established under subsection (a) shall compile and analyze \n available data and data sets on the difference between the \n earnings of men and women, including the Panel Study of Income \n Dynamic housed at the University of Michigan in Ann Arbor, and \n to identify factors which affect differences in earnings.\n (2) Dissemination of findings.--The Center shall--\n (A) disseminate its findings annually to the \n public, using a website and any other appropriate \n means; and\n (B) maintain a website to serve as a clearinghouse \n for the data and findings of relevant recent studies.\n (3) Best practices guides.--Each year, the Center shall \n publish one best practices guide, as follows:\n (A) Best practices guide for businesses.--Not later \n than one year after the Center is established under \n subsection (a), the Center shall publish a best \n practices guide for businesses containing recommended \n guidelines for--\n (i) workplace equity;\n (ii) retaining women in the workplace; and\n (iii) promoting a family-friendly \n workplace.\n (B) Best practices guide for families.--Not later \n than one year after the publication of the best \n practices guide for businesses under subparagraph (A), \n the Center shall publish a best practices guide for \n families, containing information about--\n (i) the policies of various employers \n relating to workplace equity, retaining women \n in the workplace, and promoting a family-\n friendly workplace;\n (ii) strategies for addressing inequity in \n the workplace; and\n (iii) recent findings on inequity in the \n workplace.\n (C) Subsequent editions.--The Center shall update, \n revise, and publish a subsequent edition of each of the \n best practices guides under subparagraphs (A) and (B) \n once every two years after the initial publication of \n each guide.\n (c) Eligible University.--In this Act, the term ``eligible \nuniversity'' means a public university--\n (1) with a school of public policy, a school of business, a \n center devoted to the education of women, and social research \n facilities;\n (2) at which research is conducted on--\n (A) gender differences and levels of achievement in \n the careers of faculty members employed by institutions \n of higher education;\n (B) work experiences of non-tenure-track faculty \n members employed by such institutions;\n (C) policies of such institutions with respect to \n work and family for tenure-track faculty members; and\n (D) the number of women employed as chief executive \n officers and directors at large publicly-held \n companies; and\n (3) which has designed or is in the process of designing a \n national clearinghouse for information concerning gender \n differences and levels of achievement in the careers of faculty \n members and work and family policies and issues affecting \n faculty members which includes citations to research and \n examples of relevant policies and practices.\n (d) Report.--Not later than 12 months after receiving a grant under \nthis Act, the recipient shall submit to the Secretary and to Congress a \nreport documenting how the university used the grant funds and \nevaluating the level of success of the Center funded by the grant.\n (e) Amount of Grant.--For each of fiscal years 2006 through 2010, \nthe Secretary shall provide a grant in the amount of $1,000,000 to an \neligible university to carry out this Act.","summary":"Directs the Secretary of Labor to make a grant, to a public university with specified characteristics, to establish the Center for the Study of Women and Workplace Policy. Requires the Center to: (1) compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings. And (2) disseminate findings, maintain a website as a clearinghouse, and publish an annual best practices guide.","title":"To direct the Secretary of Labor to make a grant to a public university to establish the Center for the Study of Women and Workplace Policy.","text_len":6608,"sum_len":575} {"bill_id":"103_hr4376","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alcohol Tax Equalization Act''.\n\nSEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC \n EQUIVALENT OF TAXES ON DISTILLED SPIRITS.\n\n (a) Wine.--\n (1) Wines containing not more than 14 percent alcohol.--\n Paragraph (1) of section 5041(b) of the Internal Revenue Code \n of 1986 (relating to rates of tax on wines) is amended by \n striking ``$1.07'' and inserting ``$2.97''.\n (2) Wines containing more than 14 (but not more than 21) \n percent alcohol.--Paragraph (2) of section 5041(b) of such Code \n is amended by striking ``$1.57'' and inserting ``$4.86''.\n (3) Wines containing more than 21 (but not more than 24) \n percent alcohol.--Paragraph (3) of section 5041(b) of such Code \n is amended by striking ``$3.15'' and inserting ``$6.08''.\n (b) Beer.--\n (1) In general.--Paragraph (1) of section 5051(a) of such \n Code (relating to imposition and rate of tax on beer) is \n amended by striking ``$18'' and inserting ``$37.67''.\n (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) \n of such Code (relating to reduced rate for certain domestic \n production) is amended by striking ``$7'' each place it appears \n and inserting ``$26.67''.\n (c) Effective Date.--The amendments made by this section shall take \neffect on January 1, 1995.\n (d) Floor Stocks Taxes.--\n (1) Imposition of tax.--\n (A) In general.--In the case of any tax-increased \n article--\n (i) on which tax was determined under part \n I of subchapter A of chapter 51 of the Internal \n Revenue Code of 1986 or section 7652 of such \n Code before January 1, 1995, and\n (ii) which is held on such date for sale by \n any person,\n there shall be imposed a tax at the applicable rate on \n each such article.\n (B) Applicable rate.--For purposes of clause (i), \n the applicable rate is--\n (i) $1.90 per wine gallon in the case of \n wine described in paragraph (1) of section \n 5041(b) of such Code,\n (ii) $3.29 per wine gallon in the case of \n wine described in paragraph (2) of section \n 5041(b) of such Code,\n (iii) $2.93 per wine gallon in the case of \n wine described in paragraph (3) of section \n 5041(b) of such Code, and\n (iv) $19.67 per barrel in the case of beer.\n In the case of a fraction of a gallon or barrel, the \n tax imposed by subparagraph (A) shall be the same \n fraction as the amount of such tax imposed on a whole \n gallon or barrel.\n (C) Tax-increased article.--For purposes of this \n subsection, the term ``tax-increased article'' means \n wine described in paragraph (1), (2), or (3) of section \n 5041(b) of such Code and beer.\n (2) Exception for certain small wholesale or retail \n dealers.--No tax shall be imposed by subparagraph (A) on tax-\n increased articles held on January 1, 1995, by any dealer if--\n (A) the aggregate liquid volume of tax-increased \n articles held by such dealer on such date does not \n exceed 500 wine gallons, and\n (B) such dealer submits to the Secretary (at the \n time and in the manner required by the Secretary) such \n information as the Secretary shall require for purposes \n of this subparagraph.\n (3) Liability for tax and method of payment.--\n (A) Liability for tax.--A person holding any tax-\n increased article on January 1, 1995, to which the tax \n imposed by paragraph (1) applies shall be liable for \n such tax.\n (B) Method of payment.--The tax imposed by \n paragraph (1) shall be paid in such manner as the \n Secretary shall prescribe by regulations.\n (C) Time for payment.--The tax imposed by paragraph \n (1) shall be paid on or before June 30, 1995.\n (4) Controlled groups.--\n (A) Corporations.--In the case of a controlled \n group, the 500 wine gallon amount specified in \n paragraph (2), shall be apportioned among the dealers \n who are component members of such group in such manner \n as the Secretary shall by regulations prescribe. For \n purposes of the preceding sentence, the term \n ``controlled group'' has the meaning given to such term \n by subsection (a) of section 1563 of such Code; except \n that for such purposes the phrase ``more than 50 \n percent'' shall be substituted for the phrase ``at \n least 80 percent'' each place it appears in such \n subsection.\n (B) Nonincorporated dealers under common control.--\n Under regulations prescribed by the Secretary, \n principles similar to the principles of subparagraph \n (A) shall apply to a group of dealers under common \n control where 1 or more of such dealers is not a \n corporation.\n (5) Other laws applicable.--\n (A) In general.--All provisions of law, including \n penalties, applicable to the comparable excise tax with \n respect to any tax-increased article shall, insofar as \n applicable and not inconsistent with the provisions of \n this paragraph, apply to the floor stocks taxes imposed \n by paragraph (1) to the same extent as if such taxes \n were imposed by the comparable excise tax.\n (B) Comparable excise tax.--For purposes of \n subparagraph (A), the term ``comparable excise tax'' \n means--\n (i) the tax imposed by section 5041 of such \n Code in the case of wine, and\n (ii) the tax imposed by section 5051 of \n such Code in the case of beer.\n (6) Definitions.--For purposes of this subsection--\n (A) In general.--Terms used in this paragraph which \n are also used in subchapter A of chapter 51 of such \n Code shall have the respective meanings such terms have \n in such part.\n (B) Person.--The term ``person'' includes any State \n or political subdivision thereof, or any agency or \n instrumentality of a State or political subdivision \n thereof.\n (C) Secretary.--The term ``Secretary'' means the \n Secretary of the Treasury or his delegate.\n\nSEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.\n\n (a) General Rule.--Subpart E of part I of subchapter A of chapter \n51 of the Internal Revenue Code of 1986 is amended by inserting before \nsection 5061 the following new section:\n\n``SEC. 5060. INDEXATION OF RATES.\n\n ``(a) General Rule.--Effective during each calendar year after \n1995, each tax rate set forth in subsection (b) shall be increased by \nan amount equal to--\n ``(1) such rate as in effect without regard to this \n section, multiplied by\n ``(2) the cost-of-living adjustment for such calendar year \n determined under section 1(f)(3) by substituting `calendar year \n 1994' for `calendar year 1992' in subparagraph (B) thereof.\nAny increase determined under the preceding sentence shall be rounded \nto the nearest multiple of 1 cent.\n ``(b) Tax Rates.--The tax rates set forth in this subsection are \nthe rates contained in the following provisions:\n ``(1) Paragraphs (1) and (3) of section 5001(a).\n ``(2) Paragraphs (1), (2), (3), (4), and (5) of section \n 4041(b).\n ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''\n (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section \n5010(a) are each amended by striking ``$13.50'' and inserting ``the \nrate in effect under section 5001(a)(1)''.\n (c) Clerical Amendment.--The table of sections for subpart E of \npart I of subchapter A of chapter 51 of such Code is amended by \ninserting before the item relating to section 5061 the following new \nitem:\n\n ``Sec. 5060. Indexation of rates.''\n\nSEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.\n\n (a) General Rule.--Subchapter A of chapter 98 of the Internal \nRevenue Code of 1986 (relating to establishment of trust funds) is \namended by adding at the end thereof the following new section:\n\n``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Mental Health and \nSubstance Abuse Benefits Trust Fund', consisting of such amounts as may \nbe appropriated or credited to such Trust Fund as provided in this \nsection or section 9602(b).\n ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Mental Health and Substance Abuse Benefits Trust Fund amounts \nequivalent to the additional taxes received in the Treasury under \nchapter 51 by reason of the amendments made by sections 2 and 3 of the \nAlcohol Tax Equalization Act.\n ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health \nand Substance Abuse Benefits Trust Fund shall be available, as provided \nin appropriation Acts, for purposes of providing mental health and \nsubstance abuse benefits under health care reform legislation hereafter \nenacted.''\n (b) Clerical Amendment.--The table of sections for subchapter A of \nchapter 98 is amended by adding at the end thereof the following new \nitem:\n\n ``Sec. 9512. Mental health and substance \n abuse benefits trust fund.''","summary":"Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund.","title":"Alcohol Tax Equalization Act","text_len":10622,"sum_len":384} {"bill_id":"106_hr2301","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congressional Responsibility Act of \n1999''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to promote compliance with Article I of \nthe United States Constitution, which grants legislative powers solely \nto Congress. Article I ensures that Federal regulations will not take \neffect unless passed by a majority of the members of the Senate and \nHouse of Representatives and signed by the President, or that the \nmembers of the Senate and House of Representatives override the \nPresident's veto. This Act ends the practice whereby Congress delegates \nits responsibility for making laws to unelected, unaccountable \nofficials of the executive branch and requires that regulations \nproposed by agencies of the executive branch be affirmatively enacted \nby Congress before they become effective. The Act will result in a more \ndemocratic and accountable Congress and protect the public from \nregulations for which elected, accountable officials are unwilling to \ntake responsibility.\n\nSEC. 3. ENACTMENT OF AGENCY REGULATIONS.\n\n (a) Congressional Approval.--A regulation shall not take effect \nbefore the date of the enactment of a bill described in section 4(a) \ncomprised solely of the text of the regulation.\n (b) Agency Report.--Whenever an agency promulgates a regulation, \nthe agency shall submit to each House of Congress a report containing \nthe text of the proposed regulation and an explanation of the proposed \nregulation. The explanation shall consist of the concise general \nstatement of their basis and purpose required by section 553 of title \n5, United States Code and such explanatory documents as are mandated by \nother statutory requirements.\n\nSEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS.\n\n (a) Introduction.--Not later than 3 legislative days after the date \non which an agency submits a report under section 3(b), the Majority \nLeader of each House of Congress shall introduce (by request) a bill \ncomprised solely of the text of the regulation contained in the report. \nIf such a bill is not introduced in a House of Congress as provided in \nthe preceding sentence, then any Member of that House may introduce \nsuch a bill.\n (b) Bill.--For purposes of this section, the term ``bill'' means a \nbill of the two Houses of Congress, the matter after the enacting \nclause of which is as follows: ``The following agency regulations are \nhereby approved and shall have the force and effect of law:'' (the text \nof the regulations being set forth after the semicolon).\n (c) Referral and Consideration.--(1) A bill described in subsection \n(b) shall not be referred to a committee.\n (2) It is in order for any Member of the respective House to move \nto proceed to the consideration of the bill. A Member may make the \nmotion only on the day after the calendar day on which the Member \nannounces to the House concerned the Member's intention to make the \nmotion. All points of order against the bill (and against consideration \nof the bill) are waived. The motion is highly privileged in the House \nof Representatives and is privileged in the Senate and is not \ndebatable. The motion is not subject to amendment, to a motion to \npostpone, or to a motion to proceed to the consideration of other \nbusiness. A motion to reconsider the vote by which the motion is agreed \nto or disagreed to shall not be in order. If a motion to proceed to the \nconsideration of the bill is agreed to, the respective House shall \nimmediately proceed to consideration of the bill without intervening \nmotion, order, or other business, and the bill shall remain the \nunfinished business of the respective House until disposed of.\n (3) Debate on the bill, and on all debatable motions and appeals in \nconnection therewith, shall be limited to not more than one hour, which \nshall be divided equally between those favoring and those opposing the \nbill. An amendment to the bill is not in order. A motion further to \nlimit debate is in order and not debatable. A motion to postpone, a \nmotion to proceed to the consideration of other business, or a motion \nto recommit the bill is not in order. A motion to reconsider the vote \nby which the bill is agreed to or disagreed to is not in order.\n (4) Appeals from the decisions of the Chair relating to the \napplication of the regulations of the Senate or the House of \nRepresentatives, as the case may be, to the procedure relating to the \nbill shall be decided without debate.\n (d) Final Passage.--A vote on final passage of a bill described in \nsubsection (b) shall be taken in a House of Congress on or before the \nclose of the 60th calendar day after the date of the introduction of \nthe bill in that House.\n (e) Exception.--A motion to suspend the application of subsections \n(c) and (d) is in order in either House of Congress and shall be \nconsidered as passed or agreed to by a vote of a majority of the \nMembers voting. Upon the passage of such a motion, the bill shall be \nconsidered in the same manner as other bills.\n (f) Treatment if the Other House Has Acted.--(1) If, before the \npassage by one House of a bill introduced in that House described in \nsubsection (b), that House receives from the other House a bill \ndescribed in subsection (b) comprised of the same text, then--\n (A) the bill of the other House shall not be referred to a \n committee and may not be considered in the House receiving it \n except in the case of final passage as provided in subparagraph \n (B)(ii); and\n (B) with respect to a bill described in subsection (b) of \n the House receiving the bill--\n (i) the procedure in that House shall be the same \n as if no bill had been received from the other House; \n but\n (ii) the vote on final passage shall be on the bill \n of the other House.\n (2) Upon disposition of the bill received from the other House, it \nshall no longer be in order to consider the bill that originated in the \nreceiving House.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act:\n (1) Agency.--The term ``agency'' has the meaning given the \n term in section 551(1) of title 5, United States Code.\n (2) Regulation.--The term ``regulation'' has the meaning \n given the term ``rule'' in section 551(4) of title 5, United \n States Code, except that such term does not include--\n (A) any regulation of particular applicability; or\n (B) any interpretative rule, general statement of \n policy, or any regulation of agency organization, \n personnel, procedure, or practice.\n\nSEC. 6. EFFECTIVE DATE.\n\n This Act shall apply to agency regulations promulgated after the \ndate of the enactment of this Act.\n\nSEC. 7. JUDICIAL REVIEW.\n\n A regulation contained in a bill enacted pursuant to this Act is \nnot an agency action for the purpose of judicial review under chapter 7 \nof title 5, United States Code.","summary":"Requires an agency, whenever it promulgates a regulation, to submit to each House of Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.","title":"Congressional Responsibility Act of 1999","text_len":7104,"sum_len":229} {"bill_id":"105_s2475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pension Plan Participant Protection \nAct of 1998''.\n\nSEC. 2. DUTIES OF THE PENSION BENEFIT GUARANTY CORPORATION WHILE \n SERVING AS TRUSTEE OF TERMINATED PLAN.\n\n (a) In General.--Section 4042(d)(3) of the Employee Retirement \nIncome Security Act of 1974 (29 U.S.C. 1342(d)(3)) is amended--\n (1) by inserting ``(A)'' after ``(3)''; and\n (2) by adding at the end the following new subparagraphs:\n ``(B) The corporation is subject to the same requirements of \nreporting and disclosure in connection with a pension plan for which \nthe corporation is serving as trustee pursuant to this section as those \nof any plan administrator of an employee pension benefit plan under \npart 1 of subtitle B of title I.\n ``(C) The corporation is subject to the same fiduciary duties in \nconnection with a pension plan for which the corporation is serving as \ntrustee pursuant to this section, including the determination and \npayment of plan benefits, as those of any fiduciary of an employee \npension benefit plan under part 1 of subtitle B of title I. The \ncorporation shall maintain such separate books and records and retain \nsuch separate counsel on its behalf as may be necessary for carrying \nout such duties.\n ``(D) For purposes of applying part 5 of subtitle B of title I in \nthe enforcement of subparagraphs (B) and (C)--\n ``(i) any civil monetary penalty which may be assessed by \n the Secretary of Labor against the corporation under any \n provision of section 502(c) shall be assessed in the full \n amount specified in such provision,\n ``(ii) a civil action against the corporation as fiduciary \n under section 502(a)(2) for relief under section 409 may be \n brought by any affected party, and, in any such action by an \n affected party in which the corporation is removed as trustee, \n the replacement trustee shall be selected by the court from any \n list of qualified candidates which may be provided by such \n affected party, and\n ``(iii) any review under section 502 by a district court of \n the United States of a benefit determination by the corporation \n shall be de novo.\n ``(E) In any case in which the corporation serves as trustee for a \nterminated pension plan pursuant to this section, the corporation shall \nissue its final determination regarding any benefit payable under the \nplan not later than one year after the date of the corporation's \nappointment as trustee. Any failure by the corporation to comply with \nthe requirements of this subparagraph shall be deemed an action of the \ncorporation upon which a cause of action may be brought against the \ncorporation under section 4003(f)(1).''.\n (b) Conforming Amendment.--Section 4023 of such Act (29 U.S.C. \n1323) is amended--\n (1) by inserting ``(a)'' after ``Sec. 4023.''; and\n (2) by adding at the end the following new subsection:\n ``(b) Subsection (a) shall not apply with respect to the \ncorporation while the corporation is serving in its fiduciary capacity \nin accordance with section 4042(d)(3)(B).''.\n\nSEC. 3. PARTICIPANTS' COMMITTEES.\n\n (a) In General.--Subtitle C of title IV of the Employee Retirement \nIncome Security Act of 1974 is amended by inserting after section 4048 \n(29 U.S.C. 1348) the following new section:\n\n ``participants' committees\n\n ``Sec. 4049. (a) In General.--\n ``(1) Appointment of committee.--Except as provided in \n paragraph (3), as soon as practicable after the appointment of \n a trustee under section 4042, the trustee shall appoint a \n committee of participants under the plan.\n ``(2) Requests for adequate representation.--On request of \n an affected party, the court may order the appointment of \nadditional committees of participants if necessary to assure adequate \nrepresentation of participants. The trustee shall appoint any such \ncommittee.\n ``(3) Small businesses.--On request of an affected party in \n a case in which the plan sponsor is a small business and for \n cause, the court may order that a committee of participants not \n be appointed.\n ``(b) Membership.--A committee of participants appointed under \nsubsection (a) shall ordinarily consist of the persons, willing to \nserve, that were in pay status under the plan as of the date of the \ntermination of the plan and have the seven largest nonforfeitable \nbenefits under the plan, or of the members of a committee organized by \nparticipants before such date, if such committee was fairly chosen and \nis representative of the participants of the plan.\n ``(c) Powers and Duties of Committees.--\n ``(1) Appointment of attorneys, accountants, etc.--At a \n scheduled meeting of a committee appointed under subsection \n (a), at which a majority of the members of such committee are \n present, and with the court's approval, such committee may \n select and authorize the employment by such committee of one or \nmore attorneys, accountants, or other agents to represent or perform \nservices for such committee.\n ``(2) Preclusion of conflicts of interest.--An attorney or \n accountant employed to represent a committee appointed under \n subsection (a) may not, while employed by such committee, \n represent any other entity having an adverse interest in \n connection with the case. Representation of one or more \n participants of the same class as represented by the committee \n shall not per se constitute the representation of an adverse \n interest.\n ``(3) Specific powers.--A committee appointed under \n subsection (a) may--\n ``(A) consult with the trustee concerning the \n administration of the case,\n ``(B) investigate the acts, conduct, assets, \n liabilities, and financial condition of the plan, the \n operation of the plan sponsor's financial operations, \n and the desirability of the continuance of the plan, \n and any other matter relevant to the case,\n ``(C) participate in the formulation of the plan \n for distribution of plan assets, advise those \n represented by such committee of such committee's \n determinations as to any plan for distribution of the \n plan's assets, and collect and file with the court \n acceptances or rejections of the plan for distribution \n of plan assets,\n ``(D) request the court for the appointment of the \n committee or any other person as an alternative \n trustee, and\n ``(E) perform such other services as are in the \n interest of plan participants and beneficiaries.\n ``(4) Meeting with trustee.--As soon as practicable after \n the appointment of a committee under subsection (a), the \n trustee shall meet with such committee to transact such \n business as may be necessary and proper.''.\n (b) Conforming Amendment.--The table of contents in section 1 of \nsuch Act is amended by inserting after the item relating to section \n4048 the following new item:\n\n``Sec. 4049. Participants' committees.''.\n\nSEC. 4. TRUSTEESHIP OF TERMINATED PLANS.\n\n (a) In General.--Section 4042(c) of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1342(c)) is amended--\n (1) by inserting ``(1)'' after ``(c)''; and\n (2) by inserting before paragraph (3) the following new \n paragraph:\n ``(2) The court may appoint the corporation, a participants' \ncommittee, or any other person to serve as trustee under paragraph (1). \nUpon the application of any two or more of the foregoing to serve as \ntrustee, the determination of the court of which to appoint shall be \nbased on its determination of which applicant is most qualified to \ncarry out the fiduciary duties of the trustee with respect to \nparticipants and beneficiaries without conflicts of interest.''.\n (b) Payment or Reimbursement of Reasonable Fees and Expenses.--\nSection 4042(h) of such Act (29 U.S.C. 1342(h)) is amended by adding at \nthe end the following new paragraph:\n ``(3) The reasonable fees and expenses of a trustee appointed under \nthis section (other than the corporation), of any participants' \ncommittee, and of any counsel, accountants, actuaries, and other \nprofessional service personnel shall be paid, directly or by means of \nreimbursement, from the assets of the terminated plan.''.\n\nSEC. 5. PARTICIPANT'S ADVOCATE.\n\n (a) In General.--Subtitle D of title IV of the Employee Retirement \nIncome Security Act of 1974 is amended by adding after section 4071 (29 \nU.S.C. 1371) the following new section:\n\n ``office of participant's advocate\n\n ``(a) In General.--The Secretary of Labor shall establish in the \nDepartment of Labor an Office of Participant's Advocate, to be headed \nby a Participant's Advocate.\n ``(b) Functions.--The Participant's Advocate shall, upon request of \nparticipants of terminated pension plans--\n ``(1) counsel participants and beneficiaries of such plans \n in connection with their rights to benefits thereunder, and\n ``(2) provide legal representation before the corporation \n and in court to such participants who have been denied benefits \n by the corporation.\n ``(c) Fees.--The Office shall require only such fees for its \nservices as may be prescribed in regulations of the Secretary of Labor.\n ``(d) Staff.--The Participant's Advocate shall appoint such \nattorneys, actuaries, and accountants as may be necessary to assist the \nParticipant's Advocate in carrying out the functions of the Office, and \nmay appoint such additional personnel as may be necessary to provide \nadequate support for the Office.\n ``(e) Notice.--Each notice of a benefit determination issued by the \ncorporation to a participant or beneficiary under a terminated pension \nplan shall include a notice (in such form as shall be prescribed in \nregulations of the Secretary of Labor) describing the services of the \nParticipant's Advocate's Office.''.\n (b) Conforming Amendment.--The table of contents in section 1 of \nsuch Act is amended by inserting after the item relating to section \n4071 the following new item:\n\n``Sec. 4071. Office of Participant's Advocate.''.\n (c) Effective Date.--The Secretary of Labor shall establish the \nOffice of Participant's Advocate pursuant to the amendments made by \nthis section not later than one year after the date of the enactment of \nthis Act.\n\nSEC. 6. RULES GOVERNING TRUSTEESHIP BY THE CORPORATION.\n\n (a) In General.--Section 4042 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1342) is amended by adding at the end \nthe following new subsection:\n ``(i) In any case in which the corporation serves as trustee of a \nterminated pension plan under this section--\n ``(1) the corporation shall segregate assets of the \n terminated plan from the assets of any other plan or any other \n assets held by the corporation,\n ``(2) the corporation may not use any assets of the plan \n for any purpose other than payment of benefits or reasonable \n administrative expenses directly attributable to the \n termination and administration of the plan, excluding any \n generally applicable overhead expenses of the corporation, and\n ``(3) the corporation shall obtain the services of \n independent contractors in connection with the termination or \n administration of the plan only through a competitive bidding \n process.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n The amendments made by this Act shall apply with respect to plan \nterminations--\n (1) the termination date for which occurs on or after \n January 1, 1990, and\n (2) for which the final distribution of assets occurs on or \n after the date of the enactment of this Act.","summary":"Pension Plan Participant Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to set forth certain protections for participants and beneficiaries of terminated pension plans. Subjects the Pension Benefit Guaranty Corporation (PBGC) to specified fiduciary duties and to reporting, disclosure, and other requirements while it serves as trustee of a terminated pension plan. Provides for assessment of civil penalties against the PBGC for violation of such requirements and duties. Allows any affected party to bring a civil action for relief against the PBGC as fiduciary. Requires the court, in any such action in which the PBGC is removed as trustee, to select the replacement trustee from a list of qualified candidates provided by the affected party. Requires the PBGC to issue its final determination regarding any benefit payable under a terminated pension plan within one year after the date of its appointment as plan trustee. Requires any review of such a PBGC benefit determination by a Federal district court to be de novo. Requires the plan trustee to appoint a committee of participants. Authorizes the court, on request of an affected party, to order: (1) the trustee to appoint additional participants' committees if necessary to assure adequate representation. And (2) that a committee of participants not be appointed in a case in which the plan sponsor is a small business. Authorizes the appropriate Federal district court to appoint as the trustee of a terminated pension plan the PBGC, a participants' committee, or any other person. Requires the court, if two or more entities apply to serve as trustee, to base the appointment on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee without conflicts of interest. Requires payment or reimbursement of reasonable fees or expenses of any trustee other than the PBGC. Directs the Secretary of Labor to establish in the Department of Labor an Office of Participant's Advocate, headed by a Participant's Advocate, which shall: (1) counsel participants and beneficiaries in connection with their benefits rights. And (2) provide legal representation before the PBGC and in court to participants denied benefits by the PBGC. Requires the PBGC, as a trustee of a terminated plan, to: (1) segregate the plan's assets from those of any other plan or any other assets held by the PBGC. (2) use the plan's assets only for payment of benefits or reasonable administrative expenses directly attributable to the plan's termination and administration. And (3) obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.","title":"Pension Plan Participant Protection Act of 1998","text_len":12333,"sum_len":2752} {"bill_id":"111_s3796","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Community Health Improvement \nCouncils Act of 2010''.\n\nSEC. 2. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH \n IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.\n\n Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-5. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH \n IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.\n\n ``(a) In General.--The Secretary shall establish a program for the \ncreation of State Health Improvement Technical Assistance Centers and \nCommunity Health Improvement Councils.\n ``(b) State Health Improvement Technical Assistance Center Grant \nProgram.--\n ``(1) In general.--The Secretary shall award grants, on a \n competitive basis, to 5 eligible entities for the purpose of \n establishing State Health Improvement Technical Assistance \n Centers designed to--\n ``(A) improve individual and community health \n status, especially in communities and regions with poor \n health status performance;\n ``(B) slow annual growth in health care utilization \n and medical spending;\n ``(C) coordinate best practices among networks of \n local coalitions that result in accelerated locally \n driven issue identification and creative ways to align \n improvement efforts with payment reforms;\n ``(D) partner with the Agency for Healthcare \n Research and Quality to design and produce the annual \n report of such agency on health care quality;\n ``(E) serve as a resource to communities to provide \n assistance in identifying reliable national resources \n and research tools to promote health, improve health \n literacy, and accelerate the diffusion of innovations \n to improve health outcomes;\n ``(F) partner with organizations to design and \n implement locally driven payment innovations to improve \n quality and productivity; and\n ``(G) educate State policymakers on the benefits of \n locally driven community health improvement councils \n that engage community stakeholders, including small \n businesses, local governments, faith leaders, civic \n leaders, and consumer advocacy representatives.\n ``(2) Eligibility.--\n ``(A) In general.--To be eligible to receive a \n grant under this subsection, an entity shall be--\n ``(i) a private nonprofit entity with a \n governing board comprised of \\1\/4\\ consumer, \n faith, minority, nonprofit and charitable \n organization, philanthropic, and civic leaders; \n \\1\/4\\ purchasers of care, including employers, \n unions, and insurers; \\1\/4\\ local government \n officials, including mayors, county \n commissioners, State legislators, and public \n health officials; and \\1\/4\\ private health care \n leaders and experts; or\n ``(ii) a consortium of 2 or more of the \n nonprofit entities described in clause (i).\n ``(B) Preferences.--In awarding grants under this \n section, the Secretary shall give preference to \n entities that--\n ``(i) demonstrate the capacity to attract \n private sector or local government funding to \n ensure fiscal sustainability;\n ``(ii) address significant health \n disparities, including those identified by the \n Secretary through other Federal programs;\n ``(iii) demonstrate coordination or \n collaboration across governmental and \n nongovernmental sectors;\n ``(iv) are committed to promoting full \n transparency of all deliberations of the \n Technical Assistance Centers and Community \n Health Improvement Councils; and\n ``(v) are independent from government and \n the financial self-interest of healthcare and \n purchasers stakeholders.\n ``(3) Activities.--Each Technical Assistance Center \n established through a grant awarded under this subsection \n shall--\n ``(A) establish up to 4 Community Health \n Improvement Councils, as described in subsection (c);\n ``(B) provide technical assistance to such \n councils, including community organizing, public \n relations, communications, and public education \n services, computer networking, grants development, \n system performance monitoring, opinion surveys, data \n management, community meeting facilitation, and \n strategic planning;\n ``(C) partner with Federal, State, and local health \n agencies, such as area health education centers, the \n Agency for Healthcare Research and Quality, public \n health departments, and insurance exchanges; and\n ``(D) deliver an annual performance report to the \n Secretary and the nonprofit entity receiving the grant, \n containing data regarding improvements in local and \n State health status, clinical outcomes, reductions in \n medical spending growth, and health care disparities.\n ``(4) Funding.--\n ``(A) In general.--Each Technical Assistance Center \n established under a grant awarded under this subsection \n shall receive an award in an amount determined by the \n Secretary, but not to exceed $1,500,000 per year for 3 \n years.\n ``(B) Use of funds.--Each such Technical Assistance \n Center shall allocate 80 percent of the total amount \n awarded each year to the Community Health Improvement \n Councils established by such recipient under paragraph \n (3)(B).\n ``(c) Community Health Improvement Councils.--In this section, \n`Community Health Improvement Council' means a locally driven, private \nnonprofit entity that serves as the neutral convener for engaging \nproviders and insurers, that fully engages patients and citizens in \ncoordinating and improving the health care delivery system through \ncommunity-wide education programs to promote healthier lifestyles, \nimprove local or regional health status, clinical outcomes, and \nreductions in the growth in medical spending and health disparities \nthrough any of the following approaches:\n ``(1) Promotion of wellness, prevention and expanded public \n health and consumer education efforts.\n ``(2) Enhancement of the care delivery experience through \n local health system infrastructure and care redesign changes \n such as the primary care medical home, accelerated information \n exchange implementation, community-wide chronic disease \n management programs, and all-payer evidence-based clinical \n protocols.\n ``(3) Alignment of provider and consumer financial \n incentives through accelerated payer experiments with non-fee-\n for-service payment arrangements and innovative consumer \n incentives built into the benefits design of health plans.\n ``(4) Restructuring of local health care governance, such \n as--\n ``(A) formation of accountable care teams across \n medical practices and institutions;\n ``(B) integration of primary care and public \n health; and\n ``(C) integration of doctors and hospitals.\n ``(5) Track, document, and make publicly available, in a \n transparent manner, system performance and improvement.\n ``(d) Report.--The Secretary shall submit to Congress an annual \nreport on the grant program under this section, including both local \nand State progress toward improvement of health status, clinical \noutcomes, and reductions in the growth of medical spending.''.","summary":"Community Health Improvement Councils Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a program for the creation of State Health Improvement Technical Assistance Centers and Community Health Improvement Councils to improve community health through local innovation. Defines Community Health Improvement Council to mean a locally driven, private, nonprofit entity that serves as the neutral convener for engaging providers and insurers and that fully engages patients and citizens in coordinating and improving the health care delivery system through community-wide education programs to promote healthier lifestyles, improve local or regional health status, clinical outcomes, and reductions in the growth in medical spending and health disparities through various approaches. Requires the Secretary to award competitive grants to five eligible entities to establish State Health Improvement Technical Assistance Centers, each of which shall: (1) establish up to four Community Health Improvement Councils, (2) provide technical assistance to such Councils. And (3) report on improvements in local and state health status, clinical outcomes, reductions in medical spending growth, and health care disparities. Requires the Secretary, in awarding grants, to give preference to entities that: (1) demonstrate the capacity to attract private sector or local government funding to ensure fiscal sustainability, (2) address significant health disparities, (3) demonstrate coordination or collaboration across governmental and nongovernmental sectors. (4) are committed to promoting full transparency of all deliberations of the Technical Assistance Centers and Community Health Improvement Councils. And (5) are independent from government and the financial self-interest of health care and purchasers stakeholders.","title":"A bill to establish community health improvement councils and State health improvement technical assistance center grants.","text_len":8902,"sum_len":1886} {"bill_id":"112_s874","text":"SECTION 1. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES \n OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR \n PENSION.\n\n (a) Surviving Spouse Benefit for Month of Veteran's Death.--\nSubsections (a) and (b) of section 5310 of title 38, United States \nCode, are amended to read as follows:\n ``(a) In General.--(1) A surviving spouse of a veteran is entitled \nto a benefit for the month of the veteran's death if at the time of the \nveteran's death--\n ``(A) the veteran was receiving compensation or pension \n under chapter 11 or 15 of this title; or\n ``(B) the veteran was not receiving compensation or pension \n under chapter 11 or 15 of this title but the veteran had a \n claim pending for the month of the veteran's death for which \n benefits would have been payable under chapter 11 or 15 of this \n title had the veteran not died.\n ``(2) The amount of benefit under paragraph (1) is the amount that \nthe veteran would have received under chapter 11 or 15 of this title \nfor the month of the veteran's death had the veteran not died.\n ``(3) Any benefits payable under this section on behalf of a \nveteran who was not in receipt of such benefits as of the month of the \nveteran's death shall be paid to the surviving spouse as accrued \nbenefits.\n ``(b) Claims Pending Adjudication.--If a claim for entitlement to \ncompensation or additional compensation under chapter 11 of this title \nor pension or additional pension under chapter 15 of this title is \npending at the time of a veteran's death and the check or other payment \nissued to the veteran's surviving spouse under subsection (a) is less \nthan the amount of the benefit the veteran would have been entitled to \nfor the month of death pursuant to the adjudication of the pending \nclaim, an amount equal to the difference between the amount to which \nthe veteran would have been entitled to receive under chapter 11 or 15 \nof this title for the month of the veteran's death had the veteran not \ndied and the amount of the check or other payment issued to the \nsurviving spouse shall be treated in the same manner as an accrued \nbenefit under section 5121 of this title.''.\n (b) Month of Death Benefit Exempt From Delayed Commencement of \nPayment.--Section 5111(c)(1) of such title is amended by striking \n``apply to'' and all that follows through ``death occurred'' and \ninserting the following: ``not apply to payments made pursuant to \nsection 5310 of this title''.\n (c) Prohibition on Requests for Return of Certain Checks and \nPayments.--In the case of a surviving spouse who was a dependent with \nrespect to whom additional compensation for dependents was payable \nunder section 1115 of title 38, United States Code, or additional \npension as a married veteran under chapter 15 of such title, as of the \ndate of the veteran's death, if a check or other payment issued to the \nveteran as a benefit payment under chapter 11 or 15 of title 38, United \nStates Code, for the month in which death occurs is negotiated, \ndeposited, or otherwise accessed by the surviving spouse--\n (1) the check or payment shall be considered to be the \n benefit payable to the surviving spouse under section \n 5310(a)(1) of title 38, United States Code (as amended by \n subsection (a)), to the extent that the check or payment equals \n the amount which would otherwise be payable under such section; \n and\n (2) the Secretary may not require the surviving spouse to \n return the check or payment.\n (d) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act, and shall apply with \nrespect to deaths that occur on or after that date.\n\nSEC. 2. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF \n INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY, \n NAVAL, OR AIR SERVICE.\n\n Section 112 of title 38, United States Code, is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a)(1) At the request of the President, the Secretary may conduct \na program for honoring the memory of covered individuals by preparing \nand sending to eligible recipients a certificate bearing the signature \nof the President and expressing the country's recognition of the \ncovered individual's service in the Armed Forces.\n ``(2) The award of a certificate to one eligible recipient shall \nnot preclude authorization of another certificate if a request is \nreceived from some other eligible recipient.'';\n (2) by redesignating subsections (b) and (c) as subsections \n (c) and (d), respectively; and\n (3) by inserting after subsection (a) the following new \n subsection (b):\n ``(b) For purposes of this section, a covered individual is any of \nthe following:\n ``(1) A deceased veteran discharged under honorable \n conditions.\n ``(2) An individual who dies while serving in the active \n military, naval, or air service.''.\n\nSEC. 3. MODIFICATION TO AUTHORIZE SATISFACTION OF OCCUPANCY REQUIREMENT \n ON PROPERTY FINANCED WITH HOUSING LOAN BENEFITS FOR \n VETERANS BY OCCUPANCY OF DEPENDENT CHILDREN.\n\n Paragraph (2) of section 3704(c) of title 38, United States Code, \nis amended to read as follows:\n ``(2) In any case in which a veteran is in active duty status as a \nmember of the Armed Forces and is unable to occupy a property because \nof such status, the occupancy requirements of this chapter shall be \nconsidered to be satisfied if--\n ``(A) the veteran's spouse occupies or intends to occupy \n the property as a home and the spouse makes the certification \n required by paragraph (1); or\n ``(B) the veteran's dependent child occupies or will occupy \n the property as a home and the veteran's attorney-in-fact or a \n legal guardian of the veteran's dependent child makes the \n certification required by paragraph (1).''.\n\nSEC. 4. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO \n DISASTER-RELIEF ASSISTANCE.\n\n Paragraph (3) of section 3703(d) of title 38, United States Code, \nis amended to read as follows:\n ``(3)(A) Any real estate housing loan (other than for repairs, \nalterations, or improvements) shall be secured by a first lien on the \nrealty. In determining whether a loan is so secured, the Secretary may \neither disregard or allow for subordination to a superior lien created \nby a duly recorded covenant running with the realty in favor of--\n ``(i) a public entity that has provided or will provide \n assistance in response to a major disaster as declared by the \n President under section 401 of the Robert T. Stafford Disaster \n Relief and Emergency Assistance Act (42 U.S.C. 5170); or\n ``(ii) a private entity to secure an obligation to such \n entity for the homeowner's share of the costs of the \n management, operation, or maintenance of property, services, or \n programs within and for the benefit of the development or \n community in which the veteran's realty is located, if the \n Secretary determines that the interests of the veteran borrower \n and of the Government will not be prejudiced by the operation \n of such covenant.\n ``(B) With respect to any superior lien described in subparagraph \n(A) created after June 6, 1969, the Secretary's determination under \nclause (ii) of such subparagraph must have been made prior to the \nrecordation of the covenant.''.","summary":"Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension, or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran. Includes under the VA's presidential memorial certificate program an individual who dies during active service. Considers a veteran who is unable to occupy a home because of active-duty status to have satisfied the occupancy requirement relating to housing financed through the VA if the veteran's dependent child is occupying or will occupy the home and the veteran's attorney or a legal guardian of the dependent child makes the VA-required occupancy certification. Authorizes the VA to guarantee a veterans' housing loan regardless of whether such loan is subordinate to a lien created in favor of a public entity that provides assistance in response to a major disaster.","title":"A bill to amend title 38, United States Code, to modify the provision of compensation and pension to surviving spouses of veterans in the months of the deaths of the veterans, to improve housing loan benefits for veterans, and for other purposes.","text_len":7707,"sum_len":1335} {"bill_id":"105_hr700","text":"SECTION 1. FINDINGS.\n\n Congress finds that--\n (1) among its purposes, the Act entitled ``An Act to provide \n for the equalization of allotments on the Agua Caliente (Palm \n Springs) Reservation in California, and for other purposes'', \n approved September 21, 1959, commonly known as the ``Agua Caliente \n Equalization Act of 1959'' (25 U.S.C. 951 et seq.) (referred to in \n this section as the ``Act'') was intended to provide for a \n reasonable degree of equalization of the value of allotments made \n to members of the Agua Caliente Band of Cahuilla Indians;\n (2) the Act was enacted in response to litigation in Federal \n courts in Segundo, et al. v. United States, 123 F. Supp. 554 \n (1954);\n (3) the case referred to in paragraph (2) was appealed under \n the case name United States v. Pierce, 235 F. 2d 885 (1956) and \n that case affirmed the entitlement of certain members of the Band \n to allotments of approximately equal value to lands allotted to \n other members of the Band;\n (4)(A) to achieve the equalization referred to in paragraph \n (3), section 3 of the Act (25 U.S.C. 953) provided for the \n allotment or sale of all remaining tribal lands, with the exception \n of several specifically designated parcels, including 2 parcels in \n the Mineral Springs area known as parcel A and parcel B;\n (B) section 3 of the Act restricted the distribution of any net \n rents, profits, or other revenues derived from parcel B to members \n of the Band and their heirs entitled to equalization of the value \n of the allotments of those members;\n (C) from 1959 through 1984, each annual budget of the Band, as \n approved by the Bureau of Indian Affairs, provided for expenditure \n of all revenues derived from both parcel A and parcel B solely for \n tribal governmental purposes; and\n (D) as a result of the annual budgets referred to in \n subparagraph (C), no net revenues from parcel B were available for \n distribution to tribal members entitled to equalization under \n section 3 of the Act referred to in paragraph (1);\n (5) by letter of December 6, 1961, the Director of the \n Sacramento Area Office of the Bureau of Indian Affairs informed the \n regional solicitor of the Bureau of Indian Affairs that the \n equalization of allotments on the Agua Caliente Reservation with \n respect to those members of the Band who were eligible for \n equalization had been completed using all available excess tribal \n land in a manner consistent with--\n (A) the decree of the court in the case referred to in \n paragraph (2); and\n (B) the Act;\n (6) in 1968, the files of the Department of the Interior with \n respect to the case referred to in paragraph (3), the closure of \n which was contingent upon completion of the equalization program, \n were retired to the Federal Record Center, where they were \n subsequently destroyed;\n (7) on March 16, 1983, the Secretary of the Interior published \n notice in the Federal Register that full equalization had been \n achieved within the meaning of section 7 of the Act (25 U.S.C. \n 957);\n (8) section 7 of the Act states that ``allotments in accordance \n with the provisions of this Act shall be deemed complete and full \n equalization of allotments on the Agua Caliente Reservation''; and\n (9) the regulations governing the equalization of allotments \n under the Act referred to in paragraph (1) were rescinded by the \n Secretary, effective March 31, 1983.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Band.--The term ``Band'' means the Agua Caliente Band.\n (2) Parcel b.--The term ``parcel B'' means the parcel of land \n in the Mineral Springs area referred to as ``parcel B'' in section \n 3(b) of the Act entitled ``An Act to provide for the equalization \n of allotments on the Agua Caliente (Palm Springs) Reservation in \n California, and for other purposes'', approved September 21, 1959, \n commonly known as the ``Agua Caliente Equalization Act of 1959'' \n (25 U.S.C. 953(b)).\n (3) Secretary.--The term ``Secretary'' means the Secretary of \n the Interior.\n\nSEC. 3. EQUALIZATION OF ALLOTMENTS.\n\n (a) In General.--The full equalization of allotments within the \nmeaning of section 7 of the Act entitled ``An Act to provide for the \nequalization of allotments on the Agua Caliente (Palm Springs) \nReservation in California, and for other purposes'', approved September \n21, 1959, commonly known as the ``Agua Caliente Equalization Act of \n1959'' (25 U.S.C. 957) is deemed to have been completed.\n (b) Expiration of Entitlement.--By reason of the achievement of the \nfull equalization of allotments described in subsection (a), the \nentitlement of holders of equalized allotments to distribution of net \nrevenues from parcel B under section 3(b) of the Act entitled ``An Act \nto provide for the equalization of allotments on the Agua Caliente \n(Palm Springs) Reservation in California, and for other purposes'', \napproved September 21, 1959, commonly known as the ``Agua Caliente \nEqualization Act of 1959'' (25 U.S.C. 953(b)) shall be deemed to have \nexpired.\n\nSEC. 4. REMOVAL OF RESTRICTION.\n\n (a) In General.--The fourth undesignated paragraph in section 3(b) \nof the Act entitled ``An Act to provide for the equalization of \nallotments on the Agua Caliente (Palm Springs) Reservation in \nCalifornia, and for other purposes'', approved September 21, 1959, \ncommonly known as the ``Agua Caliente Equalization Act of 1959'' (25 \nU.S.C. 953(b)), is amended by striking ``east: Provided,'' and all that \nfollows through the end of the paragraph and inserting ``east.''.\n (b) Applicability.--The amendment made by subsection (a) shall \napply as if this section had been enacted on March 31, 1983.\n (c) Subsequent Distributions.--Any per capita distribution of \ntribal revenues of the Band made after the date of enactment of this \nAct shall be made to all members of the Band in equal amounts.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Deems: (1) the full equalization of allotments under the Agua Caliente Equalization Act of 1959 to have been completed. And (2) the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under such Act to have expired. Amends Federal law relating to the Agua Caliente Reservation in California to repeal the restriction on the distribution of net rents, profits, and other revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. Makes such repeal applicable as if enacted on March 31, 1983. Provides for any per capita distribution of tribal revenues to be made to all members of the Band in equal amounts.","title":"To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians.","text_len":6350,"sum_len":695} {"bill_id":"115_s1491","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``ANCSA Unrecognized Community \nLandless Natives Authorization Act of 2017''.\n\nSEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION \n AND COMPENSATION.\n\n (a) Purpose.--The purpose of this section is to redress the \nomission of the southeastern Alaska communities of Haines, Ketchikan, \nPetersburg, Tenakee, and Wrangell from eligibility by authorizing the \nNative people enrolled in the communities--\n (1) to form Urban Corporations for the communities under \n the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et \n seq.); and\n (2) to receive certain settlement land pursuant to that \n Act.\n (b) Establishment of Additional Native Corporations.--Section 16 of \nthe Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by \nadding at the end the following:\n ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, \nand Wrangell, Alaska.--\n ``(1) In general.--The Native residents of each of the \n Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and \n Wrangell, Alaska, may organize as Urban Corporations.\n ``(2) Effect on entitlement to land.--Nothing in this \n subsection affects any entitlement to land of any Native \n Corporation established before the date of enactment of this \n subsection pursuant to this Act or any other provision of \n law.''.\n (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims \nSettlement Act (43 U.S.C. 1607) is amended by adding at the end the \nfollowing:\n ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, \nand Wrangell.--\n ``(1) In general.--The Secretary shall enroll to each of \n the Urban Corporations for Haines, Ketchikan, Petersburg, \n Tenakee, or Wrangell those individual Natives who enrolled \n under this Act to the Native Villages of Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell, respectively.\n ``(2) Number of shares.--Each Native who is enrolled to an \n Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, \n or Wrangell pursuant to paragraph (1) and who was enrolled as a \n shareholders of the Regional Corporation for Southeast Alaska \n on or before March 30, 1973, shall receive 100 shares of \n Settlement Common Stock in the respective Urban Corporation.\n ``(3) Natives receiving shares through inheritance.--If a \n Native received shares of stock in the Regional Corporation for \n Southeast Alaska through inheritance from a decedent Native who \n originally enrolled to the Native Village of Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell and the decedent Native was \n not a shareholder in a Village or Urban Corporation, the Native \n shall receive the identical number of shares of Settlement \n Common Stock in the Urban Corporation for Haines, Ketchikan, \n Petersburg, Tenakee, or Wrangell as the number of shares \n inherited by that Native from the decedent Native who would \n have been eligible to be enrolled to the respective Urban \n Corporation.\n ``(4) Effect on entitlement to land.--Nothing in this \n subsection affects entitlement to land of any Regional \n Corporation pursuant to section 12(b) or 14(h)(8).''.\n (d) Distribution Rights.--Section 7 of the Alaska Native Claims \nSettlement Act (43 U.S.C. 1606) is amended--\n (1) in subsection (j)--\n (A) by striking ``(j) During'' and inserting the \n following:\n ``(j) Distribution of Corporate Funds and Other Net Income.--\n ``(1) In general.--During'';\n (B) by striking ``Not less'' and inserting the \n following:\n ``(2) Minimum allocation.--Not less'';\n (C) by striking ``In the case'' and inserting the \n following:\n ``(3) Thirteenth regional corporation.--In the case''; and\n (D) by adding at the end the following:\n ``(4) Native villages of haines, ketchikan, petersburg, \n tenakee, and wrangell.--Native members of the Native Villages \n of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who \n become shareholders in an Urban Corporation for such a Native \n Village shall continue to be eligible to receive distributions \n under this subsection as at-large shareholders of the Regional \n Corporation for Southeast Alaska.''; and\n (2) by adding at the end the following:\n ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA \nUnrecognized Community Landless Natives Authorization Act of 2017 and \nthe amendments made by that section shall not affect--\n ``(1) the ratio for determination of revenue distribution \n among Native Corporations under this section; or\n ``(2) the settlement agreement among Regional Corporation \n or Village Corporations or other provisions of subsection (i) \n or (j).''.\n (e) Compensation.--The Alaska Native Claims Settlement Act (43 \nU.S.C. 1601 et seq.) is amended by adding at the end the following:\n\n``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, \n TENAKEE, AND WRANGELL.\n\n ``(a) Offer of Compensation.--\n ``(1) In general.--On incorporation of the Urban \n Corporations for Haines, Ketchikan, Petersburg, Tenakee, and \n Wrangell, the Secretary, in consultation and coordination with \n the Secretary of Commerce, and in consultation with \n representatives of each such Urban Corporation and the Regional \n Corporation for Southeast Alaska, shall offer as compensation, \n pursuant to this Act, 1 township of land (23,040 acres) to each \n of the Urban Corporations for Haines, Ketchikan, Petersburg, \n Tenakee, and Wrangell, in accordance with this subsection.\n ``(2) Local areas of historical, cultural, traditional, and \n economic importance.--\n ``(A) In general.--The Secretary shall offer as \n compensation under this subsection local areas of \n historical, cultural, traditional, and economic \n importance to Alaska Natives from the Villages of \n Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.\n ``(B) Selection of land.--In selecting the land to \n be withdrawn and conveyed pursuant to this section, the \n Secretary--\n ``(i) shall give preference to land with \n commercial purposes;\n ``(ii) may include subsistence and cultural \n sites, aquaculture sites, hydroelectric sites, \n tideland, surplus Federal property, and eco-\n tourism sites; and\n ``(iii) shall not include land within a \n conservation system unit (as defined in section \n 102 of the Alaska National Interest Lands \n Conservation Act (16 U.S.C. 3102)).\n ``(C) Contiguous, compact sites.--The land selected \n pursuant to this section shall be contiguous and \n reasonably compact tracts if practicable.\n ``(D) Valid existing rights.--The land selected \n pursuant to this section shall be subject to all valid \n existing rights and all other provisions of section \n 14(g), including any lease, contract, permit, right-of-\n way, or easement (including a lease issued under \n section 6(g) of the Act of July 7, 1958 (commonly known \n as the `Alaska Statehood Act') (48 U.S.C. note prec. \n 21; Public Law 85-508)).\n ``(b) Acceptance or Rejection of Offer.--\n ``(1) In general.--Not later than 1 year after the date of \n the offer of compensation from the Secretary under subsection \n (a), each of the Urban Corporations for Haines, Ketchikan, \n Petersburg, Tenakee, and Wrangell shall accept or reject the \n offer.\n ``(2) Resolution.--To accept or reject the offer, each such \n Urban Corporation shall provide to the Secretary a properly \n executed and certified corporate resolution that states that \n the offer proposed by the Secretary was voted on, and either \n approved or rejected, by a majority of the shareholders of the \n Urban Corporation.\n ``(3) Rejection of offer.--If the offer is rejected--\n ``(A) the Secretary, in consultation with \n representatives of the Urban Corporation that rejected \n the offer and the Regional Corporation for Southeast \n Alaska, shall revise the offer; and\n ``(B) the Urban Corporation shall have an \n additional 180 days within which to accept or reject \n the revised offer.\n ``(c) Withdrawal and Conveyance of Land and Title.--Not later than \n180 days after receipt of a corporate resolution of an Urban \nCorporation approving an offer of the Secretary under subsection \n(b)(1), the Secretary shall (as appropriate)--\n ``(1) withdraw the land;\n ``(2) convey to the Urban Corporation title to the surface \n estate of the land; and\n ``(3) convey to the Regional Corporation for Southeast \n Alaska title the subsurface estate for the land.\n ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, \nand Appurtenances.--The Secretary shall, without consideration of \ncompensation, convey to the Urban Corporations of Haines, Ketchikan, \nPetersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all \nright, title, and interest of the United States in all roads, trails, \nlog transfer facilities, leases, and appurtenances on or related to the \nland conveyed to the Corporations pursuant to subsection (c).\n ``(e) Settlement Trust.--\n ``(1) In general.--The Urban Corporations of Haines, \n Ketchikan, Petersburg, Tenakee, and Wrangell may establish a \n settlement trust in accordance with section 39 for the purposes \n of promoting the health, education, and welfare of the trust \n beneficiaries, and preserving the Native heritage and culture, \n of the communities of Haines, Ketchikan, Petersburg, Tenakee, \n and Wrangell, respectively.\n ``(2) Proceeds and income.--The proceeds and income from \n the principal of a trust established under paragraph (1) \n shall--\n ``(A) first be applied to the support of those \n enrollees, and the descendants of the enrollees, who \n are elders or minor children; and\n ``(B) then to the support of all other \n enrollees.''.","summary":"ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities.","title":"ANCSA Unrecognized Community Landless Natives Authorization Act of 2017","text_len":11207,"sum_len":563} {"bill_id":"114_s3092","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Fair Access to Investment Research \nAct of 2016''.\n\nSEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH.\n\n (a) Expansion of the Safe Harbor.--Not later than the end of the \n45-day period beginning on the date of enactment of this Act, the \nSecurities and Exchange Commission shall propose, and not later than \nthe end of the 180-day period beginning on such date, the Commission \nshall adopt, upon such terms, conditions, or requirements as the \nCommission may determine necessary or appropriate in the public \ninterest, for the protection of investors, and for the promotion of \ncapital formation, revisions to section 230.139 of title 17, Code of \nFederal Regulations, to provide that a covered investment fund research \nreport that is published or distributed by a broker or dealer--\n (1) shall be deemed, for purposes of sections 2(a)(10) and \n 5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10), \n 77e(c)), not to constitute an offer for sale or an offer to \n sell a security that is the subject of an offering pursuant to \n a registration statement that is effective, even if the broker \n or dealer is participating or will participate in the \n registered offering of the covered investment fund's \n securities; and\n (2) shall be deemed to satisfy the conditions of paragraph \n (a)(1) or (a)(2) of section 230.139 of title 17, Code of \n Federal Regulations, or any successor provisions, for purposes \n of the Commission's rules and regulations under the Federal \n securities laws and the rules of any self-regulatory \n organization.\n (b) Implementation of Safe Harbor.--In implementing the safe harbor \npursuant to subsection (a), the Commission shall--\n (1) not, in the case of a covered investment fund with a \n class of securities in substantially continuous distribution, \n condition the safe harbor on whether the broker's or dealer's \n publication or distribution of a covered investment fund \n research report constitutes such broker's or dealer's \n initiation or reinitiation of research coverage on such covered \n investment fund or its securities;\n (2) not--\n (A) require the covered investment fund to have \n been registered as an investment company under the \n Investment Company Act of 1940 (15 U.S.C. 80a-1 et \n seq.) or subject to the reporting requirements of \n section 13 or 15(d) of the Securities Exchange Act of \n 1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding \n the period of time referenced under paragraph \n (a)(1)(i)(A)(1) of section 230.139 of title 17, Code of \n Federal Regulations; or\n (B) impose a minimum float provision exceeding that \n referenced in paragraph (a)(1)(i)(A)(1)(i) of section \n 230.139 of title 17, Code of Federal Regulations;\n (3) provide that a self-regulatory organization may not \n maintain or enforce any rule that would--\n (A) prohibit the ability of a member to publish or \n distribute a covered investment fund research report \n solely because the member is also participating in a \n registered offering or other distribution of any \n securities of such covered investment fund; or\n (B) prohibit the ability of a member to participate \n in a registered offering or other distribution of \n securities of a covered investment fund solely because \n the member has published or distributed a covered \n investment fund research report about such covered \n investment fund or its securities; and\n (4) provide that a covered investment fund research report \n shall not be subject to section 24(b) of the Investment Company \n Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations \n thereunder, except that such report may still be subject to \n such section and the rules and regulations thereunder to the \n extent that it is otherwise not subject to the content \n standards in the rules of any self-regulatory organization \n related to research reports, including those contained in the \n rules governing communications with the public regarding \n investment companies or substantially similar standards.\n (c) Rules of Construction.--Nothing in this Act shall be construed \nas in any way limiting--\n (1) the applicability of the antifraud or antimanipulation \n provisions of the Federal securities laws and rules adopted \n thereunder to a covered investment fund research report, \n including section 17 of the Securities Act of 1933 (15 U.S.C. \n 77q), section 34(b) of the Investment Company Act of 1940 (15 \n U.S.C. 80a-33(b)), and sections 9 and 10 of the Securities \n Exchange Act of 1934 (15 U.S.C. 78i, 78j); or\n (2) the authority of any self-regulatory organization to \n examine or supervise a member's practices in connection with \n such member's publication or distribution of a covered \n investment fund research report for compliance with applicable \n provisions of the Federal securities laws or self-regulatory \n organization rules related to research reports, including those \n contained in rules governing communications with the public.\n (d) Interim Effectiveness of Safe Harbor.--\n (1) In general.--From and after the 180-day period \n beginning on the date of enactment of this Act, if the \n Commission has not adopted revisions to section 230.139 of \n title 17, Code of Federal Regulations, as required by \n subsection (a), and until such time as the Commission has done \n so, a broker or dealer distributing or publishing a covered \n investment fund research report after such date shall be able \n to rely on the provisions of section 230.139 of title 17, Code \n of Federal Regulations, and the broker or dealer's publication \n of such report shall be deemed to satisfy the conditions of \n paragraph (a)(1) or (a)(2) of that section if the covered \n investment fund that is the subject of such report satisfies \n the reporting history requirements (without regard to Form S-3 \n or Form F-3 eligibility) and minimum float provisions of such \n subsections for purposes of the Commission's rules and \n regulations under the Federal securities laws and the rules of \n any self-regulatory organization, as if revised and implemented \n in accordance with subsections (a) and (b).\n (2) Status of covered investment fund.--After such period \n and until the Commission has adopted revisions to section \n 230.139 of title 17, Code of Federal Regulations, and FINRA has \n revised rule 2210, for purposes of subsection (c)(7)(O) of such \n rule, a covered investment fund shall be deemed to be a \n security that is listed on a national securities exchange and \n that is not subject to section 24(b) of the Investment Company \n Act of 1940 (15 U.S.C. 80a-24(b)). Communications concerning \n only covered investment funds that fall within the scope of \n such section shall not be required to be filed with FINRA.\n (e) Definitions.--For purposes of this Act:\n (1) The term ``covered investment fund research report'' \n means a research report published or distributed by a broker or \n dealer about a covered investment fund or any securities issued \n by the covered investment fund, but does not include a research \n report to the extent that the research report is published or \n distributed by the covered investment fund or any affiliate of \n the covered investment fund.\n (2) The term ``covered investment fund'' means--\n (A) an investment company registered under, or that \n has filed an election to be treated as a business \n development company under, the Investment Company Act \n of 1940 (15 U.S.C. 80a-1 et seq.) and that has filed a \n registration statement under the Securities Act of 1933 \n (15 U.S.C. 77a et seq.) for the public offering of a \n class of its securities, which registration statement \n has been declared effective by the Commission; and\n (B) a trust or other person--\n (i) issuing securities in an offering \n registered under the Securities Act of 1933 and \n which class of securities is listed for trading \n on a national securities exchange;\n (ii) the assets of which consist primarily \n of commodities, currencies, or derivative \n instruments that reference commodities or \n currencies, or interests in the foregoing; and\n (iii) that provides in its registration \n statement under the Securities Act of 1933 that \n a class of its securities are purchased or \n redeemed, subject to conditions or limitations, \n for a ratable share of its assets.\n (3) The term ``FINRA'' means the Financial Industry \n Regulatory Authority.\n (4) The term ``research report'' has the meaning given that \n term under section 2(a)(3) of the Securities Act of 1933 (15 \n U.S.C. 77b(a)(3)), except that such term shall not include an \n oral communication.\n (5) The term ``self-regulatory organization'' has the \n meaning given to that term under section 3(a)(26) of the \n Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).","summary":"Fair Access to Investment Research Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that a published or distributed investment fund research report shall not be deemed to constitute an offer for sale or an offer to sell a security that is the subject of the offering pursuant to an effective registration statement, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor. Until the SEC has adopted such safe harbor revisions, and the Financial Industry Regulatory Authority (FINRA) has revised a related rule, a covered investment fund shall be deemed to be a security listed on a national securities exchange that is not subject to a certain filing requirement of the Investment Company Act of 1940.","title":"Fair Access to Investment Research Act of 2016","text_len":10309,"sum_len":1271} {"bill_id":"112_hr2926","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Labor Relations \nReorganization Act of 2011''.\n\nSEC. 2. REFERENCES.\n\n Whenever in this Act an amendment is expressed as an amendment to a \nsection or other provision, the reference shall be considered to be \nmade to a section or other provision of the National Labor Relations \nAct (29 U.S.C. 151 et seq.).\n\nSEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD.\n\n (a) Abolishment of Board.--Effective on the date provided in \nsubsection (c), the National Labor Relations Board is abolished.\n (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are \nrepealed.\n (c) Effective Date.--This section shall take effect on the date \nthat is 30 days after the date of enactment of this Act.\n\nSEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF \n LABOR-MANAGEMENT STANDARDS.\n\n (a) Transfer of Authority.--The functions and responsibilities of \nthe National Labor Relations Board for overseeing elections under \nsection 9 of the National Labor Relations Act, and any related \nauthorities and functions under that Act, are hereby transferred to the \nSecretary of Labor, to be carried out through the Office of Labor-\nManagement Standards.\n (b) Amendments to the NLRA.--\n (1) Definition.--Paragraph (10) of section 2 (29 U.S.C. \n 152) is amended to read as follows:\n ``(10) The term `Secretary' means the Secretary of Labor, \n acting through the office of Labor-Management Standards of the \n Department of Labor.''.\n (2) Authority for supervising elections.--Section 9 (29 \n U.S.C. 159) is amended by striking ``Board'' each place it \n appears and inserting ``Secretary''.\n (3) Rules and regulations.--\n (A) Authority.--Section 6 (29 U.S.C. 156) is \n amended by striking ``Board'' and inserting \n ``Secretary''.\n (B) Preservation of existing regulations.--Rules \n and regulations issued under the National Labor \n Relations Act prior to and in effect on the day before \n the date of enactment of this Act shall continue in \n effect and shall be considered to be rules and \n regulations issued by the Secretary of Labor, acting \n through the office of Labor-Management Standards of the \n Department of Labor, under section 6 of such Act, as \n amended by paragraph (1).\n (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is \n amended by striking ``Board'' each place it appears and \n inserting ``Secretary''.\n\nSEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE.\n\n (a) Transfer of Authority.--The functions and responsibilities of \nthe National Labor Relations Board for the prevention of unfair labor \npractices under section 10 of the National Labor Relations Act, and any \nrelated authorities and functions under that Act, are hereby \ntransferred to the Bureau of Labor Relations Enforcement of the \nDepartment of Justice, established under subsection (b).\n (b) Establishment of Enforcement Bureau.--\n (1) Establishment and purpose.--There is established within \n the Department of Justice, under the general authority of the \n Attorney General, a Bureau of Labor Relations Enforcement, to \n carry out the enforcement duties and functions that were, prior \n to the date of enactment of this Act, carried out by the \n National Labor Relations Board under section 10 of the National \n Labor Relations Act.\n (2) Director.--The Bureau shall be headed by a Director \n appointed by the Attorney General. The Director shall have had \n experience in labor-management relations and shall not engage \n in any other employment than that of serving as Director; nor \n shall the Director hold any office in, or act in any capacity \n for, any organization, agency, or institution with which the \n Bureau makes any contract or other arrangement.\n (c) Amendments to the NLRA.--\n (1) Definition.--Section 2 (29 U.S.C. 152) is further \n amended by adding at the end the following:\n ``(15) The term `Bureau' means the Bureau of Labor \n Management Enforcement of the Department of Justice.''.\n (2) Authority for the prevention of unfair labor \n practices.--Section 10 (29 U.S.C. 160) is amended--\n (A) in subsections (a), (d), (f), (g), (h), (j), \n (k) and (l), by striking ``Board'' each place it \n appears and inserting ``Bureau'';\n (B) in subsection (b)--\n (i) in the first sentence--\n (I) by striking ``Board'' each \n place it appears and inserting \n ``Bureau''; and\n (II) by striking ``or a member \n thereof'';\n (ii) in the second sentence--\n (I) by striking ``member, agent, or \n agency'' and inserting ``agent or \n agency''; and\n (II) by striking ``Board'' and \n inserting ``Bureau'';\n (iii) in the fourth sentence--\n (I) by striking ``member, agent, or \n agency'' and inserting ``agent or \n agency''; and\n (II) by striking ``Board'' and \n inserting ``Bureau''; and\n (iv) in the last sentence, by striking \n ``the Act of June 19, 1934'' and all that \n follows and inserting ``section 2072 of title \n 29, United States Code.'';\n (C) in subsection (c)--\n (i) by striking ``member, agent, or \n agency'' and inserting ``agent or agency'';\n (ii) by striking ``Board'' each place it \n appears and inserting ``Bureau''; and\n (iii) by striking the last sentence; and\n (D) in subsection (e)--\n (i) by striking ``Board'' each place it \n appears and inserting ``Bureau''; and\n (ii) by striking ``member, agent, or \n agency'' each place it appears and inserting \n ``agent or agency''.\n\nSEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES.\n\n Section 3503 of title 5, United States Code, shall apply with \nrespect to employees affected by the transfers of functions under \nsections 4 and 5.\n\nSEC. 7. INVESTIGATORY POWERS UNDER THE NLRA.\n\n Section 11 (29 U.S.C. 161) is amended--\n (1) in the matter preceding paragraph (1)--\n (A) by striking ``Board'' and inserting ``Secretary \n or the Bureau, as the case may be,''; and\n (B) by striking ``it'' and inserting ``the \n Secretary or the Bureau, respectively,'';\n (2) in paragraph (1)--\n (A) in the first sentence, by striking ``The Board, \n or its'' and inserting ``The Secretary and the Bureau, \n or their'';\n (B) in the second sentence, by striking ``Board, or \n any member thereof'' and inserting ``Secretary or the \n Bureau, as the case may be'';\n (C) in the third sentence--\n (i) by striking ``Board'' the first place \n it appears and inserting ``Secretary or the \n Bureau''; and\n (ii) by striking ``Board'' the second place \n it appears and inserting ``Secretary or the \n Bureau, as the case may be,''; and\n (D) in the fourth sentence--\n (i) by striking ``Any member of the Board'' \n and inserting ``The Secretary and the Bureau''; \n and\n (ii) by striking ``Board'' and inserting \n ``Secretary or the Bureau'';\n (3) in paragraph (2)--\n (A) by striking ``Board'' each place it appears and \n inserting ``Secretary or the Bureau''; and\n (B) by striking ``member, agent, or agency'' both \n places it appears and inserting ``agent or agency'';\n (4) in paragraph (4), by striking ``Board, its member, \n agent, or agency'' both place it appears and inserting \n ``Secretary or the Bureau, its agent or agency''; and\n (5) in paragraph (6)--\n (A) by striking ``Board, upon its'' both places it \n appears and inserting ``Secretary or the Bureau''; and\n (B) by striking ``its''.\n\nSEC. 8. ADDITIONAL CONFORMING AMENDMENTS.\n\n The Act is further amended--\n (1) in section 12, by striking ``Board or any of its'' and \n inserting ``Secretary or the Bureau or any of their'';\n (2) in section in section 14(c)--\n (A) by striking ``Board, in its discretion'' and \n inserting ``Secretary or the Bureau, as the case may \n be, in their discretion''; and\n (B) by striking ``Board'' the second, third, and \n fourth places it appears and inserting ``Secretary or \n the Bureau''; and\n (3) in section 18, by striking ``National Labor Relations \n Board'' and inserting ``Secretary''.","summary":"National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB). Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards. Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices.","title":"To abolish the National Labor Relations Board and to transfer its enforcement authority to the Department of Justice and its oversight of elections to the Office of Labor-Management Standards of the Department of Labor.","text_len":10137,"sum_len":533} {"bill_id":"109_s2586","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Minority Entrepreneurship and \nInnovation Pilot Program of 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds--\n (1) the 2005 ``State of Black America Report'' issued by \n the National Urban League finds a significant level of \n ``equality gaps'' between African Americans and Whites, with \n the median net worth of an African-American family is $6,100, \n compared with $67,000 for a white family;\n (2) in 2005, the African American unemployment rate was 9.5 \n percent and the Hispanic unemployment rate was 6 percent, well \n above the national average of 4.7 percent;\n (3) African Americans account for 12.3 percent of the \n United States population and only 4 percent of all United \n States businesses, Hispanic Americans represent 12.5 percent of \n the United States population and approximately 6 percent of all \n United States businesses, Native Americans account for \n approximately 1 percent of the United States population and .9 \n percent of all United States businesses;\n (4) entrepreneurship has proven to be an effective tool for \n economic growth and viability of all communities;\n (5) fostering minority owned businesses is a key ingredient \n for economic development in the minority community, an \n effective tool for creating lasting and higher-paying jobs, and \n a source of creating wealth in the minority community; and\n (6) between 1987 and 1997, revenue from minority owned \n businesses rose by 22.5 percent, an increase equivalent to an \n annual growth rate of 10 percent, and employment opportunities \n within minority owned firms increased by 23 percent.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``Administrator'' means the Administrator of \n the Small Business Administration;\n (2) the term ``Hispanic serving institution'' has the \n meaning given the term in section 502 of the Higher Education \n Act of 1965 (20 U.S.C. 1101a);\n (3) the term ``historically Black college and university'' \n has the meaning given the term ``part B institution'' in \n section 322 of the Higher Education Act of 1965 (20 U.S.C. \n 1061);\n (4) the term ``small business concern'' has the same \n meaning as in section 3 of the Small Business Act (15 U.S.C. \n 632);\n (5) the term ``small business development center'' has the \n same meaning as in section 21 of the Small Business Act (15 \n U.S.C. 648); and\n (6) the term ``Tribal College'' has the meaning given the \n term ``tribally controlled college or university'' in section 2 \n of the Tribally Controlled College or University Assistance Act \n of 1978 (25 U.S.C. 1801).\n\nSEC. 4. MINORITY ENTREPRENEURSHIP AND INNOVATION GRANTS.\n\n (a) In General.--The Administrator shall make grants to \nhistorically Black colleges and universities, Tribal Colleges, and \nHispanic serving institutions, or to any entity formed by a combination \nof such institutions--\n (1) to assist in establishing an entrepreneurship \n curriculum for undergraduate or graduate studies; and\n (2) for placement of small business development centers on \n the physical campus of the institution.\n (b) Curriculum Requirement.--An institution of higher education \nreceiving a grant under this section shall develop a curriculum that \nincludes training in various skill sets needed by successful \nentrepreneurs, including--\n (1) business management and marketing, financial management \n and accounting, market analysis and competitive analysis, \n innovation and strategic planning; and\n (2) additional entrepreneurial skill sets specific to the \n needs of the student population and the surrounding community, \n as determined by the institution.\n (c) Small Business Development Center Requirement.--Each \ninstitution receiving a grant under this section shall open a small \nbusiness development center that--\n (1) performs studies, research, and counseling concerning \n the management, financing, and operation of small business \n concerns;\n (2) performs management training and technical assistance \n regarding the participation of small business concerns in \n international markets, export promotion and technology \n transfer, and the delivery or distribution of such services and \n information;\n (3) offers referral services for entrepreneurs and small \n business concerns to business development, financing, and legal \n experts; and\n (4) promotes market-specific innovation, niche marketing, \n capacity building, international trade, and strategic planning \n as keys to long-term growth for its small business concern and \n entrepreneur clients.\n (d) Grant Limitations.--A grant under this subsection--\n (1) may not exceed $1,000,000 per fiscal year for any 1 \n institution of higher education;\n (2) may not be used for any purpose other than those \n associated with the direct costs incurred to develop and \n implement a curriculum that fosters entrepreneurship and the \n costs incurred to organize and run a small business development \n center on the grounds of the institution; and\n (3) may not be used for building expenses, administrative \n travel budgets, or other expenses not directly related to the \n implementation of the curriculum or activities authorized by \n this Act.\n (e) Exception From Small Business Act Requirement.--Subparagraphs \n(A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. \n648(a)(4)) do not apply to assistance made available under this \nsection.\n (f) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $24,000,000, to remain available \nuntil expended, for each of fiscal years 2007 and 2008.\n (g) Report.--Not later than November 1 of each year, the Associate \nAdministrator of Entrepreneurial Development of the Small Business \nAdministration shall submit to the Committee on Small Business and \nEntrepreneurship of the Senate and the Committee on Small Business of \nthe House of Representatives, a report evaluating the award and use of \ngrants under this section during the preceding fiscal year, which shall \ninclude--\n (1) a description of each entrepreneurship program \n developed with grant funds, the date of the award of such \n grant, and the number of participants in each such program;\n (2) the number of small business concerns assisted by each \n small business development center established with a grant \n under this section; and\n (3) data regarding the economic impact of the small \n business development center counseling provided under a grant \n under this section.\n (h) Limitation on Use of Other Funds.--The Administrator shall \ncarry out this section only with amounts appropriated in advance \nspecifically to carry out this section.","summary":"Minority Entrepreneurship and Innovation Pilot Program of 2006 - Directs the Administrator of the Small Business Administration to make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies. And (2) for the placement of small business development centers on the physical campus of the institution. Requires an institution of higher education receiving a grant to: (1) develop a curriculum that includes training in various skill sets needed by successful entrepreneurs. And (2) open a small business development center. Limits this pilot program to two fiscal years, and a grant to $1 million per fiscal year for any one institution of higher education.","title":"A bill to establish a 2-year pilot program to develop a curriculum at historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions to foster entrepreneurship and business development in underserved minority communities.","text_len":7395,"sum_len":869} {"bill_id":"108_hr4371","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``State and Local Government Economic \nEmpowerment Act''.\n\nSEC. 2. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE \n LOANS.\n\n (a) In General.--Subject to subsection (b), each State, county, \nincorporated municipality, and Indian tribe shall be entitled to obtain \na loan under section 3, unless such unit of government is delinquent in \nrepaying a prior loan.\n (b) Maximum Amount Limitation.--The total amount of money to which \nany entity described in subsection (a) is entitled to borrow under this \nsection shall not exceed the amount equal to the product of--\n (1) the resident population, as determined by the Secretary \n on the basis of the 2000 census, of the geographic territory \n over which the entity has jurisdiction; and\n (2) the amount equal to--\n (A) in the case of a State, $200;\n (B) in the case of a county (as defined in section \n 2 of title 1, United States Code), $200;\n (C) in the case of an incorporated municipality, \n $600; and\n (D) in the case of an Indian tribe, $1,000.\n\nSEC. 3. INTEREST-FREE LOANS.\n\n Subject to sections 2(b) and 4, the Secretary shall issue an \ninterest-free loan to any government unit described in section 2(a) if \nthe Secretary obtains such assurances as the Secretary determines to be \nappropriate from the unit that the proceeds of such loan will be used \nsolely for the purpose of funding capital projects of the governmental \nunit, including the construction of or improvements to--\n (1) streets, highways, bridges, and tunnels;\n (2) waste water and sewer systems; and\n (3) infrastructure and other public facilities.\n\nSEC. 4. ADMINISTRATIVE PROVISIONS.\n\n (a) Disbursement Requirements.--Loans made under section 3 shall be \ndisbursed by the Secretary--\n (1) in a lump sum for the full amount of the loan; or\n (2) if the Secretary determines that partial disbursements \n are appropriate in the case of loans for construction projects \n in order to accommodate a greater number of loan requests, over \n the construction period of the project.\n (b) Minimum Phase-In Period.--Disbursements on all eligible loans \nmade under section 3 shall begin before the end of the 5-year period \nbeginning on the date of enactment of this Act.\n (c) Period to Maturity.--The period to maturity of any loan made \nunder section 3 shall be the estimated number of years of the useful \nlife of the infrastructure installation (if any) which is financed by \nthe loan, but, in any case, shall be a minimum of 10 years and a \nmaximum of 30 years.\n (d) Applicability of State Law.--The number or the principal \namounts of interest-free loans made under section 3 to any governmental \nunit established by a State, or the period to maturity of any such \nloan, may not exceed the maximum number, amount, or period to maturity \nestablished under the law of such State, unless the State provides a \nwaiver from any such limitation with respect to any such governmental \nunit.\n (e) Administrative Fees.--The Secretary shall impose an \nadministrative fee on each recipient of a loan under section 3 in an \namount not to exceed the lesser of--\n (1) 0.25 percent of the total amount of the loan; or\n (2) an amount sufficient to cover all administrative costs \n incurred by the Secretary, including overhead, for making and \n administering the loan.\n (f) Terms of Repayment.--The repayment terms of any loan made under \nsection 3 shall require quarterly payments by the recipient in equal \namounts determined by dividing--\n (1) the sum of the principal and the administrative fees \n applicable with respect to such loan; by\n (2) the number of calendar quarters any portion of which \n falls within the period to maturity of the loan.\n (g) Collections of Past Due Amounts and Collection Fees.--\n (1) Enforced collections.--The Secretary shall take action \n to enforce collection of past due amounts of any loan on which \n 4 or more quarterly payments are due and payable.\n (2) Impoundment of delinquent amount.--In the case of any \n delinquent loan described in paragraph (1), the Secretary may \n seek an order from a district court of the United States of \n appropriate jurisdiction directing a United States Marshall to \n impound, under authority of this subsection, any available \n funds of the debtor in an amount equal to the amount currently \n due as of the date of such action to reduce or eliminate the \n delinquency.\n (3) Waiver of debtor's right to defend against \n collection.--As a condition for receiving any loan under \n section 3, the recipient shall waive any right to take any \n legal action to prevent or defend against the collection by the \n Secretary of any amount which the parties agree is past due.\n (4) Cost of collection.--The costs incurred by the \n Secretary in collecting any amount under this subsection with \n respect to any loan shall be added to and treated as a part of \n the principal amount of the loan.\n (5) Balance of loan principal and fees payable in \n accordance with terms of loan.--A debtor who is subject to \n collection proceedings under this subsection for any delinquent \n portion of a loan under section 3 shall continue to meet the \n repayment schedule applicable to such loan for the remaining \n amount of principal and fees.\n (h) Repayment of Loans.--Loans made under section 3 shall be repaid \nto the Secretary in accordance with the terms established under this \nAct and shall be deposited into the Treasury of the United States.\n\nSEC. 5. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (2) Indian tribe.--The term ``Indian tribe'' means any \n Indian tribe, band, pueblo, nation, or other organized group or \n community, including any Alaska Native village or regional or \n village corporation as defined in or established pursuant to \n the Alaska Native Claims Settlement Act, which is recognized as \n eligible for the special programs and services provided by the \n United States to Indians because of their status as Indians.\n (3) State.--The term ``State'' includes the District of \n Columbia, the Commonwealth of Puerto Rico, Guam, American \n Samoa, the United States Virgin Islands, and the Northern \n Mariana Islands.\n\nSEC. 6. PROGRAM AUTHORITY.\n\n In accordance with the provisions of this Act, there are hereby \nmade available, out of any money in the Treasury not otherwise \nappropriated, such sums as may be necessary to make loans to all \nentities described in section 2(a).","summary":"State and Local Government Economic Empowerment Act - Directs the Secretary of Commerce to issue an interest-free loan to any State, county, incorporated municipality, or Indian tribe upon obtaining appropriate assurances that the proceeds of the loan will be used solely for funding capital projects, including the construction of or improvements to: (1) streets, highways, bridges, and tunnels, (2) waste water and sewer systems. And (3) infrastructure and other public facilities. Sets maximum loan limitations. Entitles each such unit of government to obtain an interest-free loan unless it is delinquent in repaying a prior loan.","title":"To direct the Secretary of Commerce to make noninterest bearing loans to State and local governments solely for the purpose of funding capital projects, and for other purposes.","text_len":7175,"sum_len":634} {"bill_id":"111_hr4870","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Healthy School Meals Act of 2010''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) National Health and Nutrition Examination Surveys \n (1976-1980 and 2003-2006) conducted for the Centers for Disease \n Control and Prevention show that obesity prevalence increased \n from 5.0 percent to 12.4 percent in children aged 2 to 5 years, \n from 6.5 percent to 17.0 percent in those aged 6-11 years and \n from 5.0 percent to 17.6 percent in those aged 12 to 19 years.\n (2) A 2007 Department of Agriculture School Nutrition \n Dietary study found that an estimated 70 percent of schools \n serve meals that exceed recommended levels of saturated fat, \n which is linked to heart disease and other obesity-related \n chronic diseases, such as diabetes and some cancers.\n (3) The Centers for Disease Control and Prevention predicts \n one in three children born in the year 2000 will develop \n diabetes in his or her life.\n (4) A Yale University study of overweight and obese \n children found higher than normal blood sugar. Twenty-five \n percent of children age 4 to 10 had impaired glucose tolerance, \n suggesting diabetes may soon occur.\n (5) Healthy school meals are essential for protecting \n children from weight problems and other diet-related \n conditions; meals too high in fat and calories are found to \n contribute to weight and health problems.\n (6) The Department of Agriculture's National Nutrient \n Database lists vegetables, fruits, whole grains, and legumes as \n being extremely low in saturated fat and containing no \n cholesterol.\n (7) The American Medical Association and the American \n Public Health Association have passed resolutions calling for \n plant-based foods including vegetables, fruits, legumes, \n grains, and healthful dairy alternative beverages to be \n included in school meals.\n (8) A rapidly increasing number of families in the United \n States opt for plant-based meals for health, ethical, or \n religious reasons.\n (9) The July 2009 Journal of the American Dietetic \n Association published an official position paper of the \n American Dietetic Association which concluded that plant-based \n diets are nutritionally adequate for everyone, including \n children, and provide health benefits when compared to other \n eating patterns.\n (10) Studies have shown that the bioavailability of calcium \n from soymilk fortified with calcium carbonate is equivalent to \n cow's milk.\n (11) The Department of Agriculture includes fruits, \n vegetables, whole grains, and legumes in its commodities \n program, but these essential ingredients to healthy meals are \n often underutilized or unavailable to many schools.\n (12) Access to healthful plant-based school lunch options \n is essential to improving the health of America's children.\n (b) Purpose.--The purpose of this Act is to improve the health of \nAmerica's schoolchildren by raising the nutritional quality of food \nthrough the promotion of plant-based meals and healthful dairy \nalternative beverages in schools.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Plant-based alternate protein product.--The term \n ``plant-based alternate protein product'' means an alternate \n protein product that--\n (A) meets the nutritional requirements described in \n appendix A to part 210 of title 7 of the Code of \n Federal Regulations (as in effect on the date of the \n enactment of this Act); and\n (B) contains no animal-based foods, products, or \n byproducts.\n (2) Plant-based meat alternate.--The term ``plant-based \n meat alternate'' means a meat alternate that--\n (A) meets the nutritional requirements described in \n paragraph (k)(1) of part 210.10 of title 7 of the Code \n of Federal Regulations (as in effect on the date of the \n enactment of this Act); and\n (B) contains no animal-based foods, products, or \n byproducts.\n (3) Plant-based entree.--The term ``plant-based entree'' \n means a combination of foods or a single food item offered as a \n main course that--\n (A) meets the nutritional requirements described in \n part 210.10 of title 7 of the Code of Federal \n Regulations (as in effect on the date of the enactment \n of this Act) as a meat alternate for food-based menu \n planning or protein requirement for nutrient-based menu \n planning for lunches that are reimbursable under the \n Richard B. Russell National School Lunch Act (20 U.S.C. \n 1751 et seq.); and\n (B) contains no animal-based foods, products, or \n byproducts.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (5) Substitute for fluid milk.--The term ``substitute for \n fluid milk'' means a nondairy fluid milk that is nutritionally \n equivalent to fluid dairy milk and meets the nutritional \n standards established by the Secretary, which shall include \n fortification of calcium, 6 or more grams of protein per 8-\n ounce serving, vitamin A, vitamin D, magnesium, phosphorus, \n potassium, riboflavin, and vitamin B12 to levels found in fluid \n dairy milk.\n\nSEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.\n\n (a) In General.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary shall select school food \nauthorities to participate in a pilot program that evaluates the use of \nplant-based alternate protein products and substitute for fluid milk \nproducts under the school meal programs under the Richard B. Russell \nNational School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the \nChild Nutrition Act of 1966 (42 U.S.C. 1773).\n (b) Selection and Program Requirements.--\n (1) Selection requirements.--The Secretary shall select \n school food authorities to participate in the pilot program \n under this section that are nationally representative of school \n food authorities in terms of size, geographic location, and \n socioeconomic levels of students served.\n (2) Program requirements.--In addition to the commodities \n delivered under section 6(b) of the Richard B. Russell National \n School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall \n deliver to the school food authorities selected to participate \n in the pilot program under this section, at no cost to the \n school food authorities, plant-based alternate protein products \n and substitute for fluid milk products for schools under the \n jurisdiction of such school food authorities for the \n preparation of daily meals under--\n (A) the school lunch program under the Richard B. \n Russell National School Lunch Act (42 U.S.C. 1751 et \n seq.); and\n (B) the school breakfast program under section 4 of \n the Child Nutrition Act of 1966 (42 U.S.C. 1773).\n (c) Evaluation.--Not later than 24 months after the date of the \nenactment of this Act the Secretary shall evaluate the pilot program \nconducted under this section to assess--\n (1) which plant-based alternate protein products and \n substitute for fluid milk products are superior with regard \n to--\n (A) cost-effectiveness;\n (B) marketability to school food authorities;\n (C) ease of preparation and use; and\n (D) acceptance by children participating in the \n school meal programs under the Richard B. Russell \n National School Lunch Act (42 U.S.C. 1751 et seq.) and \n section 4 of the Child Nutrition Act of 1966 (42 U.S.C. \n 1773).\n (2) any other factors and outcomes associated with \n increasing the availability of plant-based alternate protein \n products and substitute for fluid milk products in schools, as \n determined by the Secretary.\n (d) Funds.--Not later than October 15, 2011, out of the funds in \nthe Treasury not otherwise appropriated, the Secretary of Treasury \nshall transfer to the Secretary of Agriculture $4,000,000 to carry out \nthis section. The Secretary of Agriculture shall be entitled to receive \nthe funds and shall accept the funds, without further appropriation.\n\nSEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.\n\n (a) Purchase of Plant-Based Commodities.--Not later than 24 months \nafter the date of the enactment of this Act, in addition to the \ncommodities delivered under section 6(b) of the Richard B. Russell \nNational School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall \ndeliver plant-based alternate protein products and substitute for fluid \nmilk products that are determined to be superior according to the \nfindings of the evaluation conducted under section 4(c) for use in--\n (1) the school lunch program under the Richard B. Russell \n National School Lunch Act (42 U.S.C. 1751 et seq.); and\n (2) the school breakfast program under section 4 of the \n Child Nutrition Act of 1966 (42 U.S.C. 1773).\n (b) Training.--The Secretary shall provide training materials to \nschools and school food authorities on the nutritional benefits and \npreparation of plant-based meat alternates and alternate protein \nproduct commodities for schoolchildren.\n\nSEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.\n\n (a) Rules.--Not later than 24 months after the date of the \nenactment of this Act, the Secretary shall promulgate rules that--\n (1) based on the most recent Dietary Guidelines published \n under section 301 of the National Nutrition Monitoring and \n Related Research Act of 1990 (7 U.S.C. 5341), reflect specific \n recommendations, expressed in serving recommendations, for \n increased consumption of plant-based foods, including plant-\n based meat alternates and plant-based entrees, in school \n nutrition programs under the Richard B. Russell National School \n Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act \n of 1966 (42 U.S.C. 1771 et seq.); and\n (2) provide for the distribution--\n (A) to any school food authority in which at least \n two-thirds of the students served by the authority are \n offered a plant-based entree as a menu item on each \n daily school lunch menu, supplemental commodity \n assistance or cash in lieu thereof under section 14 of \n the Richard B. Russell National School Lunch Act 42 \n U.S.C. 1762a) that--\n (i) is not less than 25 percent of the \n total commodity assistance or cash in lieu \n thereof provided to the school food authority \n during the preceding school year; and\n (ii) shall be used by the authority to \n purchase entirely plant-based commodity food \n products or substitute for fluid milk products;\n (B) to each State educational agency in which a \n school food authority receives supplemental commodity \n assistance or cash in lieu thereof pursuant to \n paragraph (1), not more than 5 percent of such \n assistance or cash; and\n (C) of increased levels of supplemental commodity \n assistance or cash in lieu thereof to school food \n authorities pursuant to paragraph (1) as school food \n authorities increase the number of students who are \n offered a plant-based entree as a menu item on each \n daily school lunch menu.\n (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 7. SUBSTITUTE FOR FLUID MILK.\n\n (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National \nSchool Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as \nfollows:\n ``(2) Fluid milk.--\n ``(A) In general.--Lunches served by schools \n participating in the school lunch program under this \n Act--\n ``(i) shall offer students fluid milk in a \n variety of fat contents; and\n ``(ii) may offer students flavored and \n unflavored fluid milk, lactose-free fluid milk, \n and a nondairy substitute for fluid milk.\n ``(B) Substitutes.--\n ``(i) Standards for substitution.--A school \n shall substitute for the fluid milk provided \n under subparagraph (A)(i), a nondairy beverage \n that is nutritionally equivalent to fluid milk \n and meets nutritional standards established by \n the Secretary (which shall, among other \n requirements to be determined by the Secretary, \n include fortification of calcium, vitamin A, \n vitamin D, magnesium, phosphorus, potassium, \n riboflavin, and vitamin B12 to levels found in \n fluid dairy milk, and not less than 6 grams of \n protein per 8-ounce serving) for students who \n cannot consume fluid milk because of a \n disability or medical or other special dietary \n need.\n ``(ii) Excess expenses borne by school food \n authority.--Expenses incurred in providing \n substitutions under this subparagraph that are \n in excess of expenses covered by reimbursements \n under this chapter shall be paid by the school \n food authority.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect not later than 24 months after the date of the enactment of \nthis Act.","summary":"Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs. Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs. And (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment. Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods. And (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes. Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need.","title":"To provide plant-based commodities under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966, and for other purposes.","text_len":15057,"sum_len":1462} {"bill_id":"110_s585","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American $1 Coin Act''.\n\nSEC. 2. NATIVE AMERICAN $1 COIN PROGRAM.\n\n (a) In General.--Section 5112 of title 31, United States Code, is \namended by adding at the end the following:\n ``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native \nAmericans and the Important Contributions Made by Indian Tribes and \nIndividual Native Americans in United States History.--\n ``(1) Redesign beginning in 2009.--Effective beginning \n January 1, 2009, notwithstanding subsection (d), in addition to \n the coins to be issued pursuant to subsection (n), and in \n accordance with this subsection, the Secretary shall mint and \n issue $1 coins that--\n ``(A) have as the designs on the obverse the so-\n called `Sakakawea design'; and\n ``(B) have a design on the reverse selected in \n accordance with paragraph (2)(A), subject to paragraph \n (3)(A).\n ``(2) Design requirements.--The $1 coins issued in \n accordance with paragraph (1) shall meet the following design \n requirements:\n ``(A) Coin reverse.--The design on the reverse \n shall bear--\n ``(i) images celebrating the important \n contributions made by Indian tribes and \n individual Native Americans to the development \n of the United States and the history of the \n United States;\n ``(ii) the inscription `$1' ; and\n ``(iii) the inscription `United States of \n America'.\n ``(B) Coin obverse.--The design on the obverse \n shall--\n ``(i) be chosen by the Secretary, after \n consultation with the Commission of Fine Arts \n and review by the Citizens Coinage Advisory \n Committee; and\n ``(ii) contain the so-called `Sakakawea \n design' and the inscription `Liberty'.\n ``(C) Edge-incused inscriptions.--\n ``(i) In general.--The inscription of the \n year of minting and issuance of the coin and \n the inscriptions `E Pluribus Unum' and `In God \n We Trust' shall be edge-incused into the coin.\n ``(ii) Preservation of distinctive edge.--\n The edge-incusing of the inscriptions under \n clause (i) on coins issued under this \n subsection shall be done in a manner that \n preserves the distinctive edge of the coin so \n that the denomination of the coin is readily \n discernible, including by individuals who are \n blind or visually impaired.\n ``(D) Reverse design selection.--The designs \n selected for the reverse of the coins described under \n this subsection--\n ``(i) shall be chosen by the Secretary \n after consultation with the Committee on Indian \n Affairs of the Senate, the Congressional Native \n American Caucus of the House of \n Representatives, the Commission of Fine Arts, \n and the National Congress of American Indians;\n ``(ii) shall be reviewed by the Citizens \n Coinage Advisory Committee;\n ``(iii) may depict individuals and events \n such as--\n ``(I) the creation of Cherokee \n written language;\n ``(II) the Iroquois Confederacy;\n ``(III) Wampanoag Chief Massasoit;\n ``(IV) the `Pueblo Revolt';\n ``(V) Olympian Jim Thorpe;\n ``(VI) Ely S. Parker, a general on \n the staff of General Ulysses S. Grant \n and later head of the Bureau of Indian \n Affairs; and\n ``(VII) code talkers who served the \n United States Armed Forces during World \n War I and World War II; and\n ``(iv) in the case of a design depicting \n the contribution of an individual Native \n American to the development of the United \n States and the history of the United States, \n shall not depict the individual in a size such \n that the coin could be considered to be a `2-\n headed' coin.\n ``(3) Issuance of coins commemorating 1 native american \n event during each year.--\n ``(A) In general.--Each design for the reverse of \n the $1 coins issued during each year shall be \n emblematic of 1 important Native American or Native \n American contribution each year.\n ``(B) Issuance period.--Each $1 coin minted with a \n design on the reverse in accordance with this \n subsection for any year shall be issued during the 1-\n year period beginning on January 1 of that year and \n shall be available throughout the entire 1-year period.\n ``(C) Order of issuance of designs.--Each coin \n issued under this subsection commemorating Native \n Americans and their contributions--\n ``(i) shall be issued, to the maximum \n extent practicable, in the chronological order \n in which the Native Americans lived or the \n events occurred, until the termination of the \n coin program described in subsection (n); and\n ``(ii) thereafter shall be issued in any \n order determined to be appropriate by the \n Secretary, after consultation with the \n Committee on Indian Affairs of the Senate, the \n Congressional Native American Caucus of the \n House of Representatives, and the National \n Congress of American Indians.\n ``(4) Issuance of numismatic coins.--The Secretary may mint \n and issue such number of $1 coins of each design selected under \n this subsection in uncirculated and proof qualities as the \n Secretary determines to be appropriate.\n ``(5) Quantity.--The number of $1 coins minted and issued \n in a year with the design in accordance with this subsection \n shall be not less than 20 percent of the total number of $1 \n coins minted and issued in such year under this subsection and \n subsection (n).''.\n (b) Marketing Program.--\n (1) In general.--The Secretary of the Treasury shall carry \n out a cost-effective, continuing campaign to encourage \n commercial enterprises to accept and dispense $1 coins that \n have as designs on the obverse the so-called ``Sakakawea \n design''.\n (2) Report.--The Secretary of the Treasury shall submit to \n Congress an annual report on the success of the efforts \n described in paragraph (1).\n\nSEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Presidential $1 Coin Program.--Section 5112(n) of title 31, \nUnited States Code, is amended--\n (1) in paragraph (1)--\n (A) by striking the paragraph designation and \n heading and all that follows through ``Notwithstanding \n subsection (d)'' and inserting the following:\n ``(1) Redesign beginning in 2007.--Notwithstanding \n subsection (d)'';\n (B) by striking subparagraph (B); and\n (C) by redesignating clauses (i) and (ii) as \n subparagraphs (A) and (B), respectively, and indenting \n the subparagraphs appropriately; and\n (2) by striking ``Sacagawea-design'' each place it appears \n and inserting ``Sakakawea-design''.\n (b) Removal of Barriers to Circulation of $1 Coin.--Section 5112(p) \nof title 31, United States Code, is amended in paragraphs (3)(C) and \n(5) by striking ``Sacagawea-design'' each place it appears and \ninserting ``Sakakawea-design''.","summary":"Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States. Requires the issuance of such coins during each year to be emblematic of one important Native American or Native American contribution.","title":"A bill to require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes.","text_len":9070,"sum_len":431} {"bill_id":"109_hr5740","text":"SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON COBRA CONTINUATION \n COVERAGE.\n\n (a) Under ERISA.--\n (1) In general.--Subparagraph (A) of section 602(2) of the \n Employee Retirement Income Security Act of 1974 (29 U.S.C. \n 1162(2)) is amended to read as follows:\n ``(A) No specified maximum required period.--Except \n as otherwise provided, there is no specified deadline \n for the continuation coverage provided under this \n part.''.\n (2) Increased premium permitted for additional coverage.--\n The last sentence of section 602(3) of such Act is amended to \n read as follows: ``In the case of an individual who was \n described in the last sentence of paragraph (2)(A), as in \n effect before the amendment made by section 2(a)(1) of the \n Health Insurance For Life Act of 2006, for any month after the \n 18th month of continuation coverage described in clause (i) or \n (ii) of such paragraph and in the case of an individual whose \n continuation coverage is only required under this part due to \n such amendment, any reference in subparagraph (A) of this \n paragraph to `102 percent' is deemed a reference to such \n percentage as the Secretary of Health and Human Services \n determines (from time to time and after consultation with the \n Secretary of Labor and the Secretary of the Treasury) that if \n were applied during the period of the first 18 months of \n continuation coverage under this part would have resulted in a \n premium equal to the average monthly actuarial cost of such \n continuation coverage.''.\n (b) Under IRC.--\n (1) In general.--Clause (i) of section 4980B(f)(2)(B) of \n the Internal Revenue Code of 1986 (relating to maximum required \n period of continuation coverage) is amended to read as follows:\n ``(i) No specified maximum required \n period.--Except as otherwise provided, there is \n no specified deadline for the continuation \n coverage provided under this section.''.\n (2) Increased premium permitted for additional coverage.--\n The last sentence of section 4980B(f)(2)(C) of such Code is \n amended to read as follows: ``In the case of an individual who \n was described in the last sentence of subparagraph (B)(i), as \n in effect before the amendment made by section 2(b)(1) of the \n Health Insurance For Life Act of 2006, for any month after the \n 18th month of continuation coverage described in subclause (I) \n or (II) of such subparagraph and in the case of an individual \n whose continuation coverage is only required under this section \n due to such amendment, any reference in clause (i) of this \n subparagraph to `102 percent' is deemed a reference to such \n percentage as the Secretary of Health and Human Services \n determines from time to time under the last sentence of section \n 602(e) of the Employee Retirement Income Security Act of \n 1974.''.\n (c) Under PHSA.--\n (1) In general.--Subparagraph (A) of section 2202(2) of the \n Public Health Service Act (42 U.S.C. 300bb-2(2)) is amended to \n read as follows:\n ``(A) No specified maximum required period.--Except \n as otherwise provided, there is no specified deadline \n for the continuation coverage provided under this \n part.''.\n (2) Increased premium permitted for additional coverage.--\n The last sentence of section 2202(3) of such Act is amended to \n read as follows: ``In the case of an individual who was \n described in the last sentence of paragraph (2)(A), as in \n effect before the amendment made by section 2(c)(1) of the \n Health Insurance For Life Act of 2006, for any month after the \n 18th month of continuation coverage described in clause (i) or \n (ii) of such paragraph and in the case of an individual whose \n continuation coverage is only required under this part due to \n such amendment, any reference in subparagraph (A) of this \n paragraph to `102 percent' is deemed a reference to such \n percentage as the Secretary of Health and Human Services \n determines from time to time under the last sentence of section \n 602(e) of the Employee Retirement Income Security Act of \n 1974.''.\n (d) FEHBP.--\n (1) In general.--Subsection (e) of section 8905a of title \n 5, United States Code, is amended to read as follows:\n ``(e) Continuation coverage under this section shall not extend \nbeyond the period of continuation required under section 602(2) of the \nEmployee Retirement Income Security Act of 1974 for a group health plan \ncovered under such section.''.\n (2) Increased premium permitted for additional coverage.--\n Section 8905a(d) of such title is amended--\n (A) in paragraph (1)(A), by striking ``and (5)'' \n and inserting ``, (5), and (6)'';\n (B) in paragraph (4)(A), in the matter before \n clause (i), by inserting ``for periods of continuation \n coverage not resulting from the amendment made by \n section 2(d)(1) of the Health Insurance For Life Act of \n 2006'' after ``National Nuclear Security \n Administration'';\n (C) in paragraph (5)(A), in the matter before \n clause (i), by inserting ``for periods of continuation \n coverage not resulting from the amendment made by \n section 2(d)(1) of the Health Insurance For Life Act of \n 2006'' after ``Atomic Energy Defense Act''; and\n (D) by adding at the end the following new \n paragraph:\n ``(6) In the case of any period of continuation coverage under this \nsection resulting from the amendment made by section 2(d)(1) of the \nHealth Insurance For Life Act of 2006, the amount required to be paid \nunder this subsection shall be equal to a percentage (equal to such \npercentage as the Secretary of Health and Human Services determines \nfrom time to time under the last sentence of section 602(e) of the \nEmployee Retirement Income Security Act of 1974) applied to the amount \ndescribed in paragraph (1)(A)(i).''.\n (e) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by subsections (a) through (c) shall apply with respect to \n group health plans, and health insurance coverage offered in \n connection with group health plans, for plan years beginning \n after the date of the enactment of this Act and the amendments \n made by subsection (d) shall apply to contract years beginning \n after the date of the enactment of this Act.\n (2) Treatment of collective bargaining agreements.--In the \n case of a group health plan maintained pursuant to 1 or more \n collective bargaining agreements between employee \n representatives and 1 or more employers ratified before the \n date of enactment of this Act, the amendments made by \n subsections (a) through (c) shall not apply to plan years \n beginning before the later of--\n (A) the date on which the last collective \n bargaining agreements relating to the plan terminates \n (determined without regard to any extension thereof \n agreed to after the date of enactment of this Act); or\n (B) 2 years after the date of the enactment of this \n Act.\n For purposes of subparagraph (A), any plan amendment made \n pursuant to a collective bargaining agreement relating to the \n plan which amends the plan solely to conform to any requirement \n added by this section shall not be treated as a termination of \n such collective bargaining agreement.","summary":"Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to remove all limitations on Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage that establish a period by which such coverage must end, and instead provides no deadline for discontinuing such coverage. Sets forth a formula to determine the maximum allowable premium that certain qualified disabled beneficiaries and individuals receiving extended coverage provided pursuant to this Act may be charged based on the average monthly actuarial cost of such continuation coverage. Applies such provisions to continuation coverage provided pursuant to the Federal Employee Health Benefits Program (FEHBP).","title":"To remove the 18 or 36 month limitation on the period of COBRA continuation coverage.","text_len":8288,"sum_len":747} {"bill_id":"109_s2000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Alaska Native Veterans Land \nAllotment Equity Act''.\n\nSEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.\n\n Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. \n1629g) is amended--\n (1) in subsection (a)--\n (A) in the subsection heading, by striking ``In \n General'' and inserting ``Alaska Native Veteran \n Allotments'';\n (B) by striking paragraphs (1) through (4) and \n inserting the following:\n ``(1) Allotments.--\n ``(A) Eligible recipients.--Any person described in \n paragraph (1) or (2) of subsection (b) shall be \n eligible to receive an allotment under the Act of May \n 17, 1906 (34 Stat. 197, chapter 2469), of not more than \n 2 parcels of Federal land, the total area of which \n shall not exceed 160 acres.\n ``(B) Filing deadline.--An allotment shall be filed \n for an eligible recipient not later than 3 years after \n the date on which the Secretary promulgates regulations \n pursuant to section 3 of the Alaska Native Veterans \n Land Allotment Equity Act.\n ``(2) Land available for allotments.--\n ``(A) In general.--An allotment under this section \n shall be selected from land that is--\n ``(i)(I) vacant; and\n ``(II) owned by the United States;\n ``(ii) selected by, or conveyed to, the \n State of Alaska, if the State voluntarily \n relinquishes or conveys to the United States \n the land for the allotment; or\n ``(iii) selected by, or conveyed to, a \n Native Corporation, if the Native Corporation \n voluntarily relinquishes or conveys to the \n United States the land for the allotment.\n ``(B) Relinquishment by native corporation.--If a \n Native Corporation relinquishes land under subparagraph \n (A)(iii), the Native Corporation may select appropriate \n Federal land, as determined by the Secretary, the area \n of which is equal to the area of the land relinquished \n by the Native Corporation, to replace the relinquished \n land.\n ``(C) Exclusions.--An allotment under this section \n shall not be selected from land that is located \n within--\n ``(i) a right-of-way of the TransAlaska \n Pipeline; or\n ``(ii) an inner or outer corridor of such a \n right-of-way.\n ``(3) Alternative allotments.--A person described in \n paragraph (1) or (2) of subsection (b) who qualifies for an \n allotment under this section on land described in paragraph \n (2)(C) may select an alternative allotment from land that is--\n ``(A) located within the boundaries land described \n in paragraph (2)(C); and\n ``(B)(i)(I) withdrawn under section 11(a)(1)(C); \n and\n ``(II) not selected, or relinquished after \n selection, under section 11(a)(3);\n ``(ii) contiguous to an outer boundary of land \n withdrawn under section 11(a)(1)(C), unless that land \n is within a National Park; or\n ``(iii) vacant, unappropriated, and unreserved.''; \n and\n (C) by redesignating paragraphs (5) and (6) as \n paragraphs (4) and (5), respectively;\n (2) in subsection (b)--\n (A) in paragraph (1), by striking subparagraph (B) \n and inserting the following:\n ``(B) is a veteran who served during the period beginning \n August 5, 1964, and ending May 7, 1975.'';\n (B) by striking paragraph (2) and inserting the \n following:\n ``(2) Deceased individuals.--If an individual who would \n otherwise have been eligible for an allotment under this \n section dies before applying for an allotment, an heir of the \n individual may apply for, and receive, an allotment under this \n section, on behalf of the estate of the individual.'';\n (C) in paragraph (3), by inserting before the \n period at the end the following: ``, other than an heir \n who applies for, and receives, an allotment on behalf \n of the estate of a deceased individual under paragraph \n (2).'';\n (3) by redesignating subsections (d) and (e) as subsections \n (f) and (g), respectively; and\n (4) by adding at the end the following:\n ``(d) Approval of Allotments.--\n ``(1) In general.--Subject to any valid right in existence \n on the date of enactment of the Alaska Native Veterans Land \n Allotment Equity Act, and except as provided in paragraph (3), \n not later than January 31, 2010, the Secretary shall--\n ``(A) approve any application for an allotment \n filed in accordance with subsection (a); and\n ``(B) issue a certificate of allotment under any \n term, condition, or restriction as the Secretary \n determines to be appropriate.\n ``(2) Notification.--Not later than October 31, 2007, on \n receipt of an application for an allotment under this section, \n the Secretary shall provide to any person or entity that has an \n interest in land described in subsection (a)(2) that is \n potentially adverse to the interest of the applicant notice of \n the right of the person or entity, not later than 90 days after \n the date of receipt of the notice--\n ``(A) to initiate a private contest of the \n allotment; or\n ``(B) to file a protest against the allotment in \n accordance with procedures established by the \n Secretary.\n ``(3) Action by secretary.--If a private contest or protest \n relating to an application for an allotment is initiated or \n filed under paragraph (2), the Secretary shall not issue a \n certificate to the allotment under paragraph (1)(B) until a \n final determination has been made with respect to the private \n contest or protest.\n ``(e) Reselection.--A person that selected an allotment under this \nsection may withdraw that selection and reselect land in accordance \nwith this section after the date of enactment of the Alaska Native \nVeterans Land Allotment Equity Act, if the land originally selected--\n ``(1) was selected before the date of enactment of the \n Alaska Native Veterans Land Allotment Equity Act; and\n ``(2) as of the date of enactment of that Act, was not \n conveyed to the person.''.\n\nSEC. 3. REGULATIONS.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary of the Interior shall promulgate final regulations to carry \nout the amendments made by this Act.","summary":"Alaska Native Veterans Land Allotment Equity Act - Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the open season during which certain Alaska Native Vietnam veterans are eligible to file for allotments of up to two parcels of federal land totaling up to 160 acres. Ends such open season three years after regulations have been issued under this Act. Revises the requirements for selection of such allotments. Allows allotments to be selected from land that is selected by or conveyed to the State of Alaska or a Native Corporation if the State or Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. Limits the prohibition against the conveyance of certain allotments to: (1) lands within the right-of-way granted for the TransAlaska Pipeline. Or (2) the inner or outer corridor of such right-of-way. Expands the eligibility for allotment to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive an allotment on behalf of the estate of a deceased eligible individual. Prescribes criteria for the approval of allotment applications. Permits any person who made an allotment selection under this Act to withdraw it and reselect land in accordance with this Act, if the land originally selected: (1) was selected before enactment of this Act. And (2) as of the enactment of this Act, was not conveyed to the person.","title":"A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans.","text_len":7611,"sum_len":1434} {"bill_id":"110_hr5814","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Free Speech Protection Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The freedom of speech and the press is enshrined in the \n First Amendment to the United States Constitution.\n (2) Free speech, the free exchange of information, and the \n free expression of ideas and opinions are essential to the \n functioning of representative democracy in the United States.\n (3) The free expression and publication by journalists, \n academics, commentators, experts, and others of the information \n they uncover and develop through research and study is \n essential to the formation of sound public policy and thus to \n the security of Americans.\n (4) The First Amendment jurisprudence of the Supreme Court, \n articulated in such precedents as New York Times v. Sullivan, \n 376 U.S. 254 (1964), and its progeny, reflects the fundamental \n value that Americans place on promoting the free exchange of \n ideas and information, requiring in cases involving public \n figures a demonstration of actual malice--that is, that \n allegedly defamatory, libelous, or slanderous statements about \n public figures are not merely false but made with knowledge of \n that falsity or with reckless disregard of their truth or \n falsity.\n (5) Some persons are obstructing the free expression rights \n of Americans, and the vital interest of the American people in \n receiving information on matters of public importance, by first \n seeking out foreign jurisdictions that do not provide the full \n extent of free-speech protection that is fundamental in the \n United States and then suing Americans in such jurisdictions in \n defamation actions based on speech uttered or published in the \n United States--speech that is fully protected under First \n Amendment jurisprudence in the United States and the laws of \n the several States and the District of Columbia.\n (6) Some of these actions are intended not only to suppress \n the free speech rights of journalists, academics, commentators, \n experts, and other individuals but to intimidate publishers and \n other organizations that might otherwise disseminate or support \n the work of those individuals with the threat of prohibitive \n foreign lawsuits, litigation expenses, and judgments that \n provide for money damages and other speech-suppressing relief.\n (7) The governments and courts of some foreign countries \n have failed to curtail this practice, permitting lawsuits filed \n by persons who are often not citizens of those countries, under \n circumstances where there is often little or no basis for \n jurisdiction over the Americans against whom such suits are \n brought.\n (8) Some of the plaintiffs bringing such suits are \n intentionally and strategically refraining from filing their \n suits in the United States, even though the speech at issue was \n published in the United States, in order to avoid the Supreme \n Court's First Amendment jurisprudence and frustrate the \n protections it affords Americans.\n (9) The Americans against whom such suits are brought must \n consequently endure the prohibitive expense, inconvenience, and \n anxiety attendant to being sued in foreign courts for conduct \n that is protected by the First Amendment, or decline to answer \n such suits and risk the entry of costly default judgments that \n may be executed in countries other than the United States where \n those individuals travel or own property.\n (10) Journalists, academics, commentators, experts, and \n others subjected to such suits are suffering concrete and \n profound financial and professional damage for engaging in \n conduct that is protected under the United States Constitution \n and essential to informing the American people, their \n representatives, and other policy-makers.\n (11) In turn, the American people are suffering concrete \n and profound harm because they, their representatives, and \n other government policymakers rely on the free expression of \n information, ideas, and opinions developed by responsible \n journalists, academics, commentators, experts, and others for \n the formulation of sound public policy, including national \n security policy.\n (12) The United States respects the sovereign right of \n other countries to enact their own laws regarding speech, and \n seeks only to protect the First Amendment rights of Americans \n in connection with speech that occurs, in whole or in part, in \n the United States.\n\nSEC. 3. FEDERAL CAUSE OF ACTION.\n\n (a) Cause of Action.--Any United States person against whom a \nlawsuit is brought in a foreign country for defamation on the basis of \nthe content of any writing, utterance, or other speech by that person \nthat has been published, uttered, or otherwise disseminated in the \nUnited States may bring an action in a United States district court \nspecified in subsection (f) against any person who, or entity which, \nbrought the foreign suit if the writing, utterance, or other speech at \nissue in the foreign lawsuit does not constitute defamation under \nUnited States law.\n (b) Jurisdiction.--It shall be sufficient to establish jurisdiction \nover the person or entity bringing a foreign lawsuit described in \nsubsection (a) that such person or entity has filed the lawsuit against \na United States person, or that such United States person has assets in \nthe United States against which the claimant in the foreign action \ncould execute if a judgment in the foreign lawsuit were awarded.\n (c) Remedies.--\n (1) Order to bar enforcement and other injunctive relief.--\n If the cause of action set forth in subsection (a) is \n established, the district court shall order that any foreign \n judgment in the foreign lawsuit in question may not be enforced \n in the United States, including by any Federal, State, or local \n court, and may order such other injunctive relief that the \n court considers appropriate to protect the right to free speech \n under the First Amendment to the United States Constitution.\n (2) Damages.--In addition to the remedy under paragraph \n (1), damages may be awarded to the United States person \n bringing the action under subsection (a), based on the \n following:\n (A) The amount of the foreign judgment.\n (B) The costs, including all legal fees, \n attributable to the foreign lawsuit that have been \n borne by the United States person.\n (C) The harm caused to the United States person due \n to decreased opportunities to publish, conduct \n research, or generate funding.\n (d) Treble Damages.--If, in an action brought under subsection (a), \nthe factfinder determines by a preponderance of the evidence that the \nperson or entity bringing the foreign lawsuit at issue intentionally \nengaged in a scheme to suppress First Amendment rights by discouraging \npublishers or other media not to publish, or discouraging employers, \ncontractors, donors, sponsors, or similar financial supporters not to \nemploy, retain, or support, the research, writing, or other speech of a \njournalist, academic, commentator, expert, or other individual, the \nfactfinder may award treble damages.\n (e) Expedited Discovery.--Upon the filing of an action under \nsubsection (a), the court may order expedited discovery if the court \ndetermines, based on the allegations in the complaint, that the speech \nat issue in the foreign defamation action is protected by the First \nAmendment to the United States Constitution.\n (f) Venue.--An action under subsection (a) may be brought by a \nUnited States person only in a United States district court in which \nthe United States person is domiciled, does business, or owns real \nproperty that could be executed against in satisfaction of a judgment \nin the foreign defamation lawsuit giving rise to the action.\n (g) Timing of Action; Statute of Limitations.--\n (1) Timing.--An action under subsection (a) may be \n commenced after the filing of the defamation lawsuit in a \n foreign country on which the action is based.\n (2) Statute of limitations.--For purposes of section \n 1658(a) of title 28, United States Code, the cause of action \n under subsection (a) accrues on the date on which the \n defamation lawsuit in a foreign country on which the cause of \n action is based is filed.\n\nSEC. 4. APPLICABILITY.\n\n This Act applies with respect to any foreign lawsuit that is \ndescribed in section 3(a) and is brought in the foreign country \nconcerned before, on, or after the date of the enactment of this Act.\n\nSEC. 5. CONSTRUCTION.\n\n Nothing in this Act limits the right of foreign litigants who bring \ngood faith defamation actions to prevail against journalists, \nacademics, commentators, and others who have failed to adhere to \nstandards of professionalism by publishing false information \nmaliciously or recklessly.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) Defamation.--The term ``defamation'' means any action \n for defamation, libel, slander, or similar claim alleging that \n forms of speech are false or have caused damage to reputation.\n (2) Foreign country.--The term ``foreign country'' means \n any country other than the United States.\n (3) Foreign judgment.--The term ``foreign judgment'' means \n any judgment of a foreign country, including the court system \n of a foreign country, that grants or denies any form of relief, \n including injunctive relief and monetary damages, in a \n defamation action.\n (4) United states.--The term ``United States'' means the \n several States, the District of Columbia, and any commonwealth, \n territory, or possession of the United States.\n (5) United states person.--The term ``United States \n person'' includes a United States citizen, an alien lawfully \n admitted for permanent residence to the United States, and a \n business entity lawfully doing business in the United States.","summary":"Free Speech Protection Act of 2008 - Allows any US person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a US district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under US law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.","title":"To create a Federal cause of action to determine whether defamation exists under United States law in cases in which defamation actions have been brought in foreign courts against United States persons on the basis of publications or speech in the United States.","text_len":10783,"sum_len":898} {"bill_id":"104_hr955","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Common Sense Product Liability \nReform Act of 1995''.\n\nSEC. 2. FEDERAL CAUSE OF ACTION PRECLUDED.\n\n This Act does not provide the district courts of the United States \nwith jurisdiction over product liability actions based on section 1331 \nor 1337 of title 28, United States Code.\n\nSEC. 3. APPLICABILITY AND PREEMPTION.\n\n (a) Preemption.--This Act governs any product liability action \nbrought in any State or Federal court against a manufacturer or product \nseller, on any theory for harm caused by a product. A product liability \naction brought against a manufacturer or product seller for commercial \nloss shall be governed only by applicable commercial or contract law.\n (b) Relationship to State Law.--This Act supersedes State law only \nto the extent that State law applies to an issue covered by this Act. \nAny issue that is not governed by this Act shall be governed by \notherwise applicable State or Federal law.\n (c) Applicability.--Nothing in this Act shall be construed to--\n (1) waive or affect any defense of sovereign immunity \n asserted by any State under any law;\n (2) supersede any Federal law, except the Federal Employers \n Compensation Act and the Longshore and Harbor Workers' \n Compensation Act;\n (3) waive or affect any defense of sovereign immunity \n asserted by the United States;\n (4) affect the applicability of any provision of chapter 97 \n of title 28, United States Code;\n (5) preempt State choice-of-law rules with respect to \n claims brought by a foreign nation or a citizen of a foreign \n nation;\n (6) affect the right of any court to transfer venue or to \n apply the law of a foreign nation or to dismiss a claim of a \n foreign nation or of a citizen of a foreign nation on the \n ground of inconvenient forum; or\n (7) supersede any Federal law that prescribes a specific \n regimen for punitive damages.\n\nSEC. 4. LIABILITY RULES APPLICABLE TO PRODUCT SELLERS.\n\n (a) General Rule.--Except as provided in subsection (b), in any \nproduct liability action, a product seller other than a manufacturer \nshall be liable to a claimant only if the claimant establishes that--\n (1)(A) the product which allegedly caused the harm \n complained of was sold by the product seller; (B) the product \n seller failed to exercise reasonable care with respect to the \n product; and (C) such failure to exercise reasonable care was a \n proximate cause of the claimant's harm; or\n (2)(A) the product seller made an express warranty \n applicable to the product which allegedly caused the harm \n complained of, independent of any express warranty made by a \n manufacturer as to the same product; (B) the product failed to \n conform to the warranty; and (C) the failure of the product to \n conform to the warranty caused the claimant's harm; or\n (3) the product seller engaged in intentional wrongdoing as \n determined under applicable State law and such intentional \n wrongdoing was a proximate cause of the harm complained of by \n the claimant.\nFor purposes of subparagraph (1)(B), a product seller shall not be \nconsidered to have failed to exercise reasonable care with respect to \nthe product based upon an alleged failure to inspect a product where \nthere was no reasonable opportunity to inspect the product in a manner \nwhich would, in the exercise of reasonable care, have revealed the \naspect of the product which allegedly caused the claimant's harm.\n (b) Exception.--In a product liability action, a product seller \nshall be liable for harm to the claimant caused by such product as if \nthe product seller were the manufacturer of such product if--\n (1) the manufacturer is not subject to service of process \n under the laws of any State in which the action might have been \n brought; or\n (2) the court determines that the claimant would be unable \n to enforce a judgment against the manufacturer.\n\nSEC. 5. DEFENSE BASED ON CLAIMANT'S USE OF INTOXICATING ALCOHOL OR \n DRUGS.\n\n (a) General Rule.--In any product liability action, it shall be a \ncomplete defense to such action if--\n (1) the claimant was intoxicated or was under the influence \n of intoxicating alcohol or any drug; and\n (2) the claimant, as a result of the influence of the \n alcohol or drug, was more than 50 percent responsible for the \n accident or event which resulted in such claimant's harm.\n (b) Construction.--For purposes of this section--\n (1) the determination of whether a person was intoxicated \n or was under the influence of intoxicating alcohol or any drug \n shall be made pursuant to applicable State law; and\n (2) the term ``drug'' means any controlled substance as \n defined in the Controlled Substances Act (21 U.S.C. 802(6)) \n that has been taken by the claimant other than in accordance \n with the terms of a lawfully issued prescription.\n\nSEC. 6. SEVERAL LIABILITY FOR NONECONOMIC LOSS.\n\n In any product liability action, the liability of each defendant \nfor noneconomic loss shall be several only and shall not be joint. Each \ndefendant shall be liable only for the amount of noneconomic loss \nattributable to such defendant in direct proportion to such defendant's \nproportionate share of fault or responsibility for the claimant's harm, \nas determined by the trier of fact.\n\nSEC. 7. STATUTE OF REPOSE.\n\n A product liability action shall be barred unless the complaint is \nserved and filed within 15 years after the time of delivery of the \nproduct. For the purposes of this section, the term ``time of \ndelivery'' means the time when a product is delivered to its first \npurchaser or lessee who was not involved in the business of \nmanufacturing or selling such product or using it as a component part \nof another product to be sold. This section applies only if the harm \ncaused by a product did not include chronic illness and only to claims \narising after the date of enactment of this Act. This section does not \naffect the provisions of the General Aviation Revitalization Act of \n1994.\n\nSEC. 8. PUNITIVE DAMAGES.\n\n (a) General Rule.--Punitive damages may, to the extent permitted by \napplicable State law, be awarded in any product liability action in any \nFederal or State court against a defendant if the claimant establishes \nby clear and convincing evidence that the harm suffered was result of \nconduct specifically intended to cause harm or conduct manifesting a \nconscious, flagrant indifference to the safety of those persons who \nmight be harmed by the product for which the action was brought.\n (b) Proportional Awards.--The amount of punitive damages that may \nbe awarded for a claim in any product liability action subject to this \nAct shall not exceed 3 times the amount of damages awarded to the \nclaimant for the economic loss on which such claim is based, or \n$250,000, whichever is greater. This provision shall be applied by the \ncourt and shall not be disclosed to the jury.\n (c) Applicability and Preemption.--Except as provided in section 2, \nthis section shall apply to any product liability action brought in any \nFederal or State court on any theory where punitive damages are sought. \nThis section does not create a cause of action for punitive damages in \nany jurisdiction that does not authorize such actions.\n (d) Bifurcation at Either Party's Request.--At the request of \neither party, the trier of fact shall consider in a separate proceeding \nwhether punitive damages are to be awarded and the amount of such \naward. If a separate proceeding is requested, evidence relevant only to \nthe claim of punitive damages, as determined by applicable State law, \nshall be inadmissible in any proceeding to determine whether \ncompensatory damages are to be awarded.\n\nSEC. 9. DEFINITIONS.\n\n As used in this Act:\n (1) The term ``claimant'' means any person who brings a \n product liability action and any person on whose behalf such an \n action is brought. If such an action is brought through or on \n behalf of an estate, the term includes the claimant's decedent. \n If such action is brought through or on behalf of a minor or \n incompetent, the term includes the claimant's legal guardian.\n (2) The term ``clear and convincing evidence'' means that \n measure or degree of proof that will produce in the mind of the \n trier of fact a firm belief or conviction as to the truth of \n the allegations sought to be established. The level of proof \n required to satisfy such standard is more than that required \n under preponderance of the evidence, but less than that \n required for proof beyond a reasonable doubt.\n (3) The term ``commercial loss'' means any loss incurred in \n the course of the ongoing business enterprise consisting of \n providing goods or services for compensation.\n (4) The term ``economic loss'' means any pecuniary loss \n resulting from harm (including the loss of earnings, medical \n expense loss, replacement services loss, loss due to death, \n burial costs, and loss of business or employment opportunities) \n to the extent recovery for such loss is allowed under \n applicable State law.\n (5) The term ``harm'' means any physical injury, illness, \n disease, or death caused by a product. The term does not \n include commercial loss or loss or damage to a product itself.\n (6) The term ``manufacturer'' means--\n (A) any person who is engaged in a business to \n produce, create, make, or construct any product (or \n component part of a product) and who (i) designs or \n formulates the product (or component part of the \n product), (ii) has engaged another person to design or \n formulate the product (or component part of the \n product), or (iii) uses the design or formulation of \n the product developed by another person;\n (B) a product seller, but only with respect to \n those aspects of a product (or component part of a \n product) which are created or affected when, before \n placing the product in the stream of commerce, the \n product seller produces, creates, makes, or constructs \n and designs or formulates, or has engaged another \n person to design or formulate, an aspect of a product \n (or component part of a product) made by another; or\n (C) any product seller not described in \n subparagraph (B) which holds itself out as a \n manufacturer to the user of the product.\n (7) The term ``nominal damages'' means damages not more \n than $500.\n (8) The term ``noneconomic loss'' means subjective, \n nonmonetary loss resulting from harm, including pain, \n suffering, inconvenience, mental suffering, emotional distress, \n loss of society and companionship, loss of consortium, injury \n to reputation, and humiliation.\n (9) The term ``person'' means any individual, corporation, \n company, association, firm, partnership, society, joint stock \n company, or any other entity (including any governmental \n entity).\n (10)(A) The term ``product'' means any object, substance, \n mixture, or raw material in a gaseous, liquid, or solid state--\n (i) which is capable of delivery itself or as an \n assembled whole, in a mixed or combined state, or as a \n component part or ingredient;\n (ii) which is produced for introduction into trade \n or commerce;\n (iii) which has intrinsic economic value; and\n (iv) which is intended for sale or lease to persons \n for commercial or personal use.\n (B) The term does not include--\n (i) human tissue, human organs, human \n blood, and human blood products; or\n (ii) electricity, water delivered by a \n utility, natural gas, or steam.\n (11) The term ``product liability action'' means a civil \n action brought on any theory for harm caused by a product.\n (12) The term ``product seller'' means a person who, in the \n course of a business conducted for that purpose, sells, \n distributes, leases, prepares, blends, packages, labels, or \n otherwise is involved in placing a product in the stream of \n commerce, or who installs, repairs, or maintains the harm-\n causing aspect of a product. The term does not include--\n (A) a seller or lessor of real property;\n (B) a provider of professional services in any case \n in which the sale or use of a product is incidental to \n the transaction and the essence of the transaction is \n the furnishing of judgment, skill, or services; or\n (C) any person who--\n (i) acts in only a financial capacity with \n respect to the sale of a product; or\n (ii) leases a product under a lease \n arrangement in which the selection, possession, \n maintenance, and operation of the product are \n controlled by a person other than the lessor.\n (13) The term ``punitive damages'' means damages awarded \n against any person or entity to punish or deter such person or \n entity, or others, from engaging in similar behavior in the \n future.\n (14) The term ``State'' means any State of the United \n States, the District of Columbia, Puerto Rico, the Northern \n Mariana Island, the Virgin Islands, Guam, American Samoa, and \n any other territory or possession of the United States, or any \n political subdivision of any of the foregoing.\n\nSEC. 10. EFFECTIVE DATE.\n\n This Act shall apply with respect to product liability actions \nwhich are commenced after the date of the enactment of this Act.","summary":"Common Sense Product Liability Reform Act of 1995 - Declares that this Act: (1) does not provide US district courts with jurisdiction over product liability actions based on specified provisions of the Federal judicial code. (2) governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product, except product liability actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law. And (3) supersedes State law only to the extent that such law applies to an issue covered by this Act. Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that: (1) the seller sold the product which allegedly caused the harm, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm. (2) the seller made an express warranty applicable to the product independent of any express warranty made by a manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm. Or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. Specifies that a product seller shall: (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm. And (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. Makes it a complete defense to a product liability action that the claimant: (1) was intoxicated or under the influence of intoxicating alcohol or any drug. And (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. Authorizes punitive damages, to the extent permitted by applicable State law, in any product liability action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. Sets forth provisions regarding: (1) proportional awards, (2) applicability and preemption, and (3) bifurcation of proceedings at either party's request.","title":"Common Sense Product Liability Reform Act of 1995","text_len":14788,"sum_len":3553} {"bill_id":"103_s940","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Market Promotion \nProgram Amendments Act of 1993''.\n\nSEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM.\n\n (a) Small-Sized Commercial Entities and Medium-Sized Commercial \nEntities That Are Beginning Exporters.--Section 203(c) of the \nAgricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended--\n (1) in paragraph (2), by striking ``in the case of an \n unfair trade practice'' and inserting ``in the case of--\n ``(A) an unfair trade practice; or\n ``(B) a small-sized commercial entity, or a medium-\n sized commercial entity, that is a beginning exporter, \n as determined by the Secretary.''; and\n (2) by adding at the end the following new paragraph:\n ``(3) Goal for small-sized commercial entities and medium-\n sized commercial entities that are beginning exporters.--In \n carrying out the program established under this section, the \n Secretary shall use, to the maximum extent practicable, at \n least 30 percent of the total funds available or 30 percent of \n the value of any commodities employed, as determined by the \n Secretary, for each of fiscal years 1994 and 1995 for program \n activities involving small-sized commercial entities, and \n medium-sized commercial entities, that are beginning \n exporters.''.\n (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by \nadding at the end the following new sentence: ``Assistance provided \nunder this paragraph may be used only for market promotion activities \nthat are in addition to activities for which a commercial entity \nexpends an amount during a year in a foreign country, in United States \ndollars adjusted to reflect the latest Consumer Price Index for all-\nurban consumers published by the Department of Labor, that is equal to \nthe dollar amount expended by the commercial entity (other than amounts \nprovided under this section) on all market promotion activities during \nthe preceding year in the foreign country.''.\n (c) Other Terms and Conditions.--Section 203(f) of such Act is \namended by adding at the end the following new paragraphs:\n ``(4) Independent audits.--In addition to an audit that is \n required by section 403, the Secretary shall require that, as a \n condition of eligibility for assistance under this section, a \n commercial entity that receives more than $50,000 a year in \n assistance under this section shall provide for an independent \n audit of program activities under this section during the year \n to determine whether the entity has complied with the \n requirements of this section.\n ``(5) Prohibition on assistance for tobacco.--No assistance \n under this section may be used for the development, \n maintenance, or expansion of a commercial export market for \n tobacco.\n ``(6) Definitions.--As used in this section:\n ``(A) Commercial entity.--The term `commercial \n entity' means a cooperative or private organization \n that exports or promotes an agricultural commodity, \n including an entity that controls, is controlled by, or \n is under common control with such a cooperative or \n private organization.\n ``(B) Medium-sized commercial entity.--The term \n `medium-sized commercial entity' means a commercial \n entity that employs not less than 51, nor more than \n 500, individuals.\n ``(C) Small-sized commercial entity.--The term \n `small-sized commercial entity' means a commercial \n entity that employs not more than 50 individuals.''.\n (d) Graduation.--Paragraph (2) of section 203(g) of such Act is \namended to read as follows:\n ``(2) Limitations.--\n ``(A) Branded promotion.--\n ``(i) In general.--Assistance provided \n under this section to a commercial entity for \n activities described in subsection (e)(4) that \n are conducted in a foreign country--\n ``(I) during each year of the first \n 3-year period the commercial entity \n receives assistance for the activities, \n shall not exceed 50 percent of the cost \n of implementing the marketing plan in \n the country;\n ``(II) during the 4th year of the \n period the commercial entity receives \n assistance for the activities, shall \n not exceed 33 percent of the cost of \n implementing the marketing plan in the \n country; and\n ``(III) during the 5th year of \n period the commercial entity receives \n assistance for the activities, shall \n not exceed 17 percent of the cost of \n implementing the marketing plan in the \n country.\n ``(ii) Maximum period.--Assistance provided \n under this section to a commercial entity for \n activities described in subsection (e)(4) that \n are conducted in a foreign country shall not be \n provided for more than 5 years.\n ``(B) Generic promotion.--\n ``(i) In general.--To be eligible for \n assistance under this section (other than for \n activities described in subsection (e)(4) or \n clause (iii)), an eligible trade organization \n shall contribute a larger share of the cost of \n a marketing plan for a foreign country in each \n year the organization conducts activities in \n the country, as determined by the Secretary.\n ``(ii) Maximum period.--The nonfederal \n share shall be progressively increased in such \n a manner that an eligible trade organization \n shall not receive assistance under this section \n in the country for more than 5 years.\n ``(iii) Regional state-related trade \n organizations.--Assistance may be provided \n under this section for a period not to exceed 5 \n years for each agricultural commodity for which \n an eligible regional State-related organization \n has an approved marketing place for an \n activity, other than for an activity described \n in subsection (e)(4).\n ``(C) Waiver.--The Secretary may waive the \n limitations described in subparagraphs (A) and (B) in \n the case of an agricultural commodity with respect to \n which there has been a favorable decision by the United \n States Trade Representative under section 301 of the \n Trade Act of 1974 (19 U.S.C. 2411). To grant waivers, \n the Secretary shall establish criteria that are \n consistent and documented.''.\n\nSEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM.\n\n Section 1126(b) of the Food Security Act of 1985 (7 U.S.C. \n1736u(b)) is amended by striking ``shall be'' and inserting ``shall not \nbe''.\n\nSEC. 4. EFFECTIVE DATE; REGULATIONS.\n\n (a) Effective Date.--This Act and the amendments made by this Act \nshall become effective on the date of enactment of this Act.\n (b) Regulations.--Not later than 60 days after the date of \nenactment of this Act, the Secretary of Agriculture shall issue \nregulations to carry out this Act and the amendments made by this Act.","summary":"Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to: (1) give priority to, and obligate specified funds for, small and medium beginning exporters. (2) permit assistance for branded promotion only to supplement an entity's own promotional activities, (3) prohibit assistance for tobacco promotion. And (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country.","title":"Agricultural Market Promotion Program Amendments Act of 1993","text_len":8493,"sum_len":543} {"bill_id":"114_s2161","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Liberian Refugee Immigration \nFairness Act of 2015''.\n\nSEC. 2. ADJUSTMENT OF STATUS.\n\n (a) Adjustment of Status.--\n (1) In general.--\n (A) Eligibility.--Except as provided under \n subparagraph (B), the Secretary of Homeland Security \n shall adjust the status of an alien described in \n subsection (b) to that of an alien lawfully admitted \n for permanent residence if the alien--\n (i) applies for adjustment not later than 1 \n year after the date of the enactment of this \n Act; and\n (ii) is otherwise eligible to receive an \n immigrant visa and admissible to the United \n States for permanent residence, except that, in \n determining such admissibility, the grounds for \n inadmissibility specified in paragraphs (4), \n (5), (6)(A), and (7)(A) of section 212(a) of \n the Immigration and Nationality Act (8 U.S.C. \n 1182(a)) shall not apply.\n (B) Ineligible aliens.--An alien shall not be \n eligible for adjustment of status under this section if \n the Secretary of Homeland Security determines that the \n alien--\n (i) has been convicted of any aggravated \n felony (as defined in section 101(a)(43) of the \n Immigration and Nationality Act (8 U.S.C. \n 1101(a)(43));\n (ii) has been convicted of 2 or more crimes \n involving moral turpitude; or\n (iii) has ordered, incited, assisted, or \n otherwise participated in the persecution of \n any person on account of race, religion, \n nationality, membership in a particular social \n group, or political opinion.\n (2) Relationship of application to certain orders.--\n (A) In general.--An alien present in the United \n States who has been subject to an order of exclusion, \n deportation, or removal, or has been ordered to depart \n voluntarily from the United States under any provision \n of the Immigration and Nationality Act may, \n notwithstanding such order, apply for adjustment of \n status under paragraph (1) if otherwise qualified under \n such paragraph.\n (B) Separate motion not required.--An alien \n described in subparagraph (A) may not be required, as a \n condition of submitting or granting such application, \n to file a separate motion to reopen, reconsider, or \n vacate the order described in subparagraph (A).\n (C) Effect of decision by secretary.--If the \n Secretary of Homeland Security adjusts the status of an \n alien pursuant to an application under paragraph (1), \n the Secretary shall cancel the order described in \n subparagraph (A). If the Secretary of Homeland Security \n makes a final decision to deny such adjustment of \n status, the order shall be effective and enforceable to \n the same extent as if the application had not been \n made.\n (b) Aliens Eligible for Adjustment of Status.--\n (1) In general.--The benefits provided under subsection (a) \n shall apply to any alien--\n (A) who is--\n (i) a national of Liberia; and\n (ii) has been continuously present in the \n United States between January 1, 2013, and the \n date on which the alien submits an application \n under subsection (a); or\n (B) who is the spouse, child, or unmarried son or \n daughter of an alien described in subparagraph (A).\n (2) Determination of continuous physical presence.--For \n purposes of establishing the period of continuous physical \n presence referred to in paragraph (1)(A)(ii), an alien shall \n not be considered to have failed to maintain continuous \n physical presence by reasons of an absence, or absences, from \n the United States for any period or periods amounting in the \n aggregate to not more than 180 days.\n (c) Stay of Removal.--\n (1) In general.--The Secretary of Homeland Security shall \n establish procedures, by regulation, through which an alien, \n who is subject to a final order of deportation, removal, or \n exclusion, may seek a stay of such order based upon the filing \n of an application under subsection (a).\n (2) During certain proceedings.--Notwithstanding any \n provision in the Immigration and Nationality Act (8 U.S.C. 1101 \n et seq.), the Secretary of Homeland Security may not order an \n alien to be removed from the United States if the alien is in \n exclusion, deportation, or removal proceedings under any \n provision of such Act and has applied for adjustment of status \n under subsection (a) unless the Secretary of Homeland Security \n has made a final determination to deny the application.\n (3) Work authorization.--\n (A) In general.--The Secretary of Homeland Security \n may--\n (i) authorize an alien who has applied for \n adjustment of status under subsection (a) to \n engage in employment in the United States while \n a determination regarding such application is \n pending; and\n (ii) provide the alien with an ``employment \n authorized'' endorsement or other appropriate \n document signifying authorization of \n employment.\n (B) Pending applications.--If an application for \n adjustment of status under subsection (a) is pending \n for a period exceeding 180 days and has not been \n denied, the Secretary of Homeland Security shall \n authorize such employment.\n (d) Record of Permanent Residence.--Upon the approval of an alien's \napplication for adjustment of status under subsection (a), the \nSecretary of Homeland Security shall establish a record of the alien's \nadmission for permanent residence as of the date of the alien's arrival \nin the United States.\n (e) Availability of Administrative Review.--The Secretary of \nHomeland Security shall provide to applicants for adjustment of status \nunder subsection (a) the same right to, and procedures for, \nadministrative review as are provided to--\n (1) applicants for adjustment of status under section 245 \n of the Immigration and Nationality Act (8 U.S.C. 1255); and\n (2) aliens subject to removal proceedings under section 240 \n of such Act (8 U.S.C. 1229a).\n (f) Limitation on Judicial Review.--A determination by the \nSecretary of Homeland Security regarding the adjustment of status of \nany alien under this section is final and shall not be subject to \nreview by any court.\n (g) No Offset in Number of Visas Available.--If an alien is granted \nthe status of having been lawfully admitted for permanent residence \npursuant to this section, the Secretary of State shall not be required \nto reduce the number of immigrant visas authorized to be issued under \nany provision of the Immigration and Nationality Act (8 U.S.C. 1101 et \nseq.).\n (h) Application of Immigration and Nationality Act Provisions.--\n (1) Definitions.--Except as otherwise specifically provided \n in this Act, the definitions contained in the Immigration and \n Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this \n section.\n (2) Savings provision.--Nothing in this Act may be \n construed to repeal, amend, alter, modify, effect, or restrict \n the powers, duties, function, or authority of the Secretary of \n Homeland Security in the administration and enforcement of the \n Immigration and Nationality Act or any other law relating to \n immigration, nationality, or naturalization.\n (3) Effect of eligibility for adjustment of status.--\n Eligibility to be granted the status of having been lawfully \n admitted for permanent residence under this section shall not \n preclude an alien from seeking any status under any other \n provision of law for which the alien may otherwise be eligible.","summary":"Liberian Refugee Immigration Fairness Act of 2015 This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application. Or (2) is the spouse, child, or unmarried son or daughter of such an alien. Adjustment applications must be filed not later than one year after the date of enactment of this bill.","title":"Liberian Refugee Immigration Fairness Act of 2015","text_len":9170,"sum_len":489} {"bill_id":"113_hr4219","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Voluntary Certification Program Act \nof 2014''.\n\nSEC. 2. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, \n BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.\n\n Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. \n6296(b)) is amended by adding at the end the following:\n ``(6) Voluntary certification programs for air \n conditioning, furnace, boiler, heat pump, and water heater \n products.--\n ``(A) Definition of basic model group.--In this \n paragraph, the term `basic model group' means a set of \n models--\n ``(i) that share characteristics that allow \n the performance of 1 model to be generally \n representative of the performance of other \n models within the group; and\n ``(ii) in which the group of products does \n not necessarily have to share discrete \n performance.\n ``(B) Reliance on voluntary certification \n programs.--For the purpose of testing to verify the \n performance rating of, or receiving test reports from \n manufacturers certifying compliance with energy \n conservation standards and Energy Star specifications \n established under sections 324A, 325, and 342, the \n covered products described in paragraphs (3), (4), (5), \n (9), and (11) of section 322(a) and covered equipment \n described in subparagraphs (B), (C), (D), (F), (I), \n (J), and (K) of section 340(1), the Secretary and \n Administrator shall rely on voluntary certification \n programs that--\n ``(i) are nationally recognized;\n ``(ii) maintain a publicly available list \n of all certified products and equipment;\n ``(iii) as determined by the Secretary, \n annually test not less than 10 percent and not \n more than 30 percent of the basic model group \n of a program participant;\n ``(iv) require the changing of the \n performance rating or removal of the product or \n equipment from the program, if verification \n testing determines that the performance rating \n does not meet the levels the manufacturer has \n certified to the Secretary;\n ``(v) require the qualification of new \n participants in the program through testing and \n production of test reports;\n ``(vi) allow for challenge testing of \n products and equipment within the scope of the \n program;\n ``(vii) require program participants to \n certify the performance rating of all covered \n products and equipment within the scope of the \n program;\n ``(viii) are conducted by a certification \n body that is accredited under International \n Organization for Standardization\/International \n Electrotechnical Commission (ISO\/IEC) Standard \n 17065;\n ``(ix) provide to the Secretary--\n ``(I) an annual report of all test \n results;\n ``(II) prompt notification when \n program testing results in--\n ``(aa) the rerating of the \n performance rating of a product \n or equipment; or\n ``(bb) the delisting of a \n product or equipment; and\n ``(III) test reports, on the \n request of the Secretary or the \n Administrator, for Energy Star \n compliant products, which shall be \n treated as confidential business \n information as provided for under \n section 552(b)(4) of title 5, United \n States Code (commonly known as the \n `Freedom of Information Act');\n ``(x) use verification testing that--\n ``(I) is conducted by an \n independent test laboratory that is \n accredited under International \n Organization for Standardization\/\n International Electrotechnical \n Commission (ISO\/IEC) Standard 17025 \n with a scope covering the tested \n products or equipment;\n ``(II) follows the test procedures \n established under this title; and\n ``(III) notes in each test report \n any instructions specified by the \n manufacturer or the representative of \n the manufacturer for the purpose of \n conducting the verification testing; \n and\n ``(xi) satisfy such other requirements as \n the Secretary has determined--\n ``(I) are essential to ensure \n standards compliance; or\n ``(II) have consensus support \n achieved through a negotiated \n rulemaking process.\n ``(C) Administration.--\n ``(i) In general.--The Secretary shall not \n require--\n ``(I) manufacturers to participate \n in a voluntary certification program \n described in subparagraph (B); or\n ``(II) participating manufacturers \n to provide information that can be \n obtained through a voluntary \n certification program described in \n subparagraph (B).\n ``(ii) List of covered products.--The \n Secretary or the Administrator may maintain a \n publicly available list of covered products and \n equipment certified under a program described \n in subparagraph (B) that distinguishes \n between--\n ``(I) covered products and \n equipment verified by the program; and\n ``(II) products not verified by the \n program.\n ``(iii) Reduction of requirements.--Any \n rules promulgated by the Secretary that require \n testing of products or equipment for \n certification of performance ratings shall on \n average reduce requirements and burdens for \n manufacturers participating in a voluntary \n certification program described in subparagraph \n (B) for the products or equipment relative to \n other manufacturers.\n ``(iv) Periodic testing by program \n nonparticipants.--In addition to certification \n requirements, the Secretary shall require a \n manufacturer that does not participate in a \n voluntary certification program described in \n subparagraph (B)--\n ``(I) to verify the accuracy of the \n performance rating of the product or \n equipment through periodic testing \n using the testing methods described in \n clause (iii) or (x) of subparagraph \n (B); and\n ``(II) to provide to the Secretary \n test results and, on request, test \n reports verifying the certified \n performance for each basic model group \n of the manufacturer.\n ``(v) Restrictions on test laboratories.--\n ``(I) In general.--Subject to \n subclause (II), with respect to covered \n products and equipment, a voluntary \n certification program described in \n subparagraph (B) shall not be a test \n laboratory that conducts the testing on \n products or equipment within the scope \n of the program.\n ``(II) Limitation.--Subclause (I) \n shall not apply to Energy Star \n specifications established under \n section 324A.\n ``(vi) Effect on other authority.--Nothing \n in this paragraph limits the authority of the \n Secretary or the Administrator to test products \n or equipment or to enforce compliance with any \n law (including regulations).''.","summary":"Voluntary Certification Program Act of 2014 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards for air conditioning, furnace, boiler, heat pump, and water heater products. Sets forth required characteristics of such certification programs.","title":"Voluntary Certification Program Act of 2014","text_len":10689,"sum_len":454} {"bill_id":"107_hr5156","text":"SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL \n SHELF.\n\n (a) Purposes.--The purposes of this section are as follows:\n (1) To protect the economic and land use interests of the \n Federal Government in the management of the outer Continental \n Shelf for energy-related and certain other purposes.\n (2) To provide an administrative framework for the \n oversight and management of energy-related activities on the \n outer Continental Shelf, consistent with other applicable laws.\n (3) To provide for inter-agency coordination in the siting \n and permitting of energy-related activities on the outer \n Continental Shelf.\n (4) To ensure that energy-related activities on the outer \n Continental Shelf are conducted in a manner that provides for \n safety, protection of the environment, prevention of waste, \n conservation of natural resources, the protection of \n correlative rights, and protection of national security \n interests.\n (5) To authorize alternate uses of existing structures and \n facilities previously permitted under the Outer Continental \n Shelf Lands Act (43 U.S.C. 1331 note).\n (6) To ensure that the Federal Government receives a fair \n return for any easement or right-of-way granted under section \n 8(p) of the Outer Continental Shelf Lands Act.\n (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of \nthe Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by \nadding at the end the following new subsection:\n ``(p) Easements or Rights-of-Way for Energy and Related Purposes.--\n ``(1) The Secretary, in consultation with the Secretary of \n the Department in which the Coast Guard is operating and other \n relevant departments and agencies of the Federal government, \n may grant an easement or right-of-way on the outer Continental \n Shelf or activities not otherwise authorized in this Act, the \n Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the \n Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et \n seq.) when such activities--\n ``(A) support exploration, development, production, \n transportation, or storage of oil, natural gas, or \n other minerals;\n ``(B) produce or support production, \n transportation, or transmission of energy from sources \n other than oil and gas; or\n ``(C) use facilities currently or previously used \n for activities authorized under this Act.\n ``(2)(A) The Secretary shall establish reasonable forms of \n annual or one-time payments for any easement or right-of-way \n granted under this subsection, including fees, rentals, or cash \n bonus payments. The Secretary may establish fees, rentals, \n bonus, or other payments by rule or by agreement with the party \n to whom the easement or right-of-way is granted.\n ``(B) Before exercising the authority granted under this \n subsection, the Secretary shall consult with the Secretary of \n Defense concerning issues related to national security and \n navigational obstruction.\n ``(C) The Secretary may issue an easement or right-of-way \n for energy and related purposes as described in paragraph (1) \n on a competitive or non-competitive basis. In determining \n whether such easement or right-of-way shall be granted \n competitively or non-competitively, the Secretary shall \n consider such factors as prevention of waste and conservation \n of natural resources, protection of the environment, the \n national interest, national security, human safety, protection \n of correlative rights, and the potential return for the \n easement or right-of-way.\n ``(3) The Secretary, in consultation with the Secretary of \n the Department in which the Coast Guard is operating and other \n relevant departments and agencies of the Federal Government and \n affected States, shall prescribe any necessary regulations to \n assure safety, protection of the environment, prevention of \n waste, and conservation of the natural resources of the outer \n Continental Shelf, protection of national security interests, \n and the protection of correlative rights therein.\n ``(4) The Secretary shall require the holder of an easement \n or right-of-way granted under this subsection to furnish a \n surety bond or other form of security, as prescribed by the \n Secretary, and to comply with such other requirements as the \n Secretary may deem necessary to protect the interests of the \n United States.\n ``(5) Nothing in this subsection shall be construed to \n displace, supercede, limit, or modify the jurisdiction, \n responsibility, or authority of any Federal or State agency \n under any other Federal law.\n ``(6) This subsection shall not apply to any area on the \n outer Continental Shelf designated by legislation as a National \n Marine Sanctuary.''.\n (c) Conforming Amendment.--The text of the heading for section 8 of \nthe Outer Continental Shelf Lands Act is amended to read as follows: \n``Leases, Easements, and Rights-of-Way on the Outer Continental \nShelf.''.","summary":"Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements or rights-of-way on the outer Continental Shelf for activities that: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals. (2) produce or support production, transportation, or transmission of energy sources other than oil and gas. Or (3) use facilities for previously authorized activities. Excludes any National Marine Sanctuary from application of this Act.","title":"To amend the Outer Continental Shelf Lands Act to protect the economic and land use interests of the Federal Government in the management of outer continental shelf lands for energy-related and certain other purposes, and for other purposes.","text_len":5600,"sum_len":530} {"bill_id":"113_hr407","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Vehicles Incentive Act of \n2013''.\n\nSEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN \n NONATTAINMENT AREAS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN \n NONATTAINMENT AREAS.\n\n ``(a) In General.--For purposes of section 38, in the case of an \neligible business the clean-fuel credit determined under this section \nfor the taxable year is the sum of--\n ``(1) the clean-fuel property credit, plus\n ``(2) the clean-burning fuel use credit.\n ``(b) Clean-Fuel Property Credit.--\n ``(1) In general.--The clean-fuel property credit is the \n sum of--\n ``(A) qualified vehicle property costs, plus\n ``(B) qualified refueling property costs.\n ``(2) Qualified vehicle property costs.--\n ``(A) In general.--For purposes of paragraph (1), \n the term `qualified vehicle property costs' means the \n amount paid or incurred by the eligible business for \n qualified clean-fuel vehicle property which is placed \n in service during the taxable year by the eligible \n business and substantially all of the use of which is \n in a nonattainment area.\n ``(B) Limitation.--The amount which may be taken \n into account under subparagraph (A) with respect to any \n motor vehicle shall not exceed--\n ``(i) $8,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n not more than 8,500 pounds,\n ``(ii) $20,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 8,500 pounds but not more than 14,000 \n pounds,\n ``(iii) $40,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 14,000 pounds but not more than \n 26,000 pounds, and\n ``(iv) $80,000, in the case of a motor \n vehicle with a gross vehicle weight rating of \n more than 26,000 pounds.\n ``(C) Qualified clean-fuel vehicle property.--The \n term `qualified clean-fuel vehicle property' shall have \n the meaning given to such term by section 179A(c) \n (without regard to paragraphs (1)(A) and (3) thereof), \n except that such term does not include property that is \n a motor vehicle propelled by a fuel that is not a \n clean-burning fuel.\n ``(3) Qualified refueling property costs.--\n ``(A) In general.--For purposes of paragraph (1), \n the term `qualified refueling property costs' means \n amounts paid or incurred by the eligible business for \n qualified clean-fuel vehicle refueling property (as \n defined by section 179A(d)) which is placed in service \n in a nonattainment area during the taxable year by the \n eligible business.\n ``(B) Limitation.--\n ``(i) In general.--The aggregate cost which \n may be taken into account under subparagraph \n (A) with respect to qualified clean-fuel \n vehicle refueling property placed in service by \n the eligible business during the taxable year \n at a location shall not exceed the lesser of--\n ``(I) $150,000, or\n ``(II) the cost of such property \n reduced by the amount described in \n clause (ii).\n ``(ii) Reduction for amounts previously \n taken into account.--For purposes of clause \n (i)(II), the amount described in this clause is \n the sum of--\n ``(I) the aggregate amount taken \n into account under paragraph (1)(B) for \n all preceding taxable years, and\n ``(II) the aggregate amount taken \n into account under section \n 179A(a)(1)(B) by the taxpayer (or any \n related person or predecessor) with \n respect to property placed in service \n at such location for all preceding \n taxable years.\n ``(iii) Special rules.--For purposes of \n this subparagraph, the provisions of \n subparagraphs (B) and (C) of section 179A(b)(2) \n shall apply.\n ``(c) Clean-Burning Fuel Use Credit.--\n ``(1) In general.--For purposes of subsection (a), the \n clean-burning fuel use credit is the amount equal to 50 cents \n for each gasoline gallon equivalent of clean-burning fuel used \n by an eligible business during the taxable year to propel \n qualified clean-fuel vehicle property.\n ``(2) Clean-burning fuel.--For purposes of paragraph (1), \n the term `clean-burning fuel' has the meaning given to such \n term by section 179A, except that such term includes compressed \n natural gas and biodiesel (as defined by section 40A(d)(1)).\n ``(3) Gasoline gallon equivalent.--For purposes of \n paragraph (1), the term `gasoline gallon equivalent' means, \n with respect to any clean burning fuel, the amount (determined \n by the Secretary) of such fuel having a Btu content of 114,000.\n ``(d) Other Definitions.--For purposes of this section--\n ``(1) Eligible business.--The term `eligible business' \n means--\n ``(A) a qualified business entity or a qualified \n proprietorship (as such terms are defined by section \n 1397C, determined by substituting `nonattainment area' \n for `empowerment zone' and `enterprise zone' each place \n it appears), and\n ``(B) a trade or business located outside of a \n nonattainment area, but only with respect to qualified \n clean-fuel vehicle property used substantially within a \n nonattainment area.\n ``(2) Nonattainment area.--The term `nonattainment area' \n shall have the meaning given to such term by section 171 of the \n Clean Air Act (42 U.S.C. 7501).\n ``(e) Denial of Double Benefit.--Except as provided in section \n30B(d)(4), no credit shall be allowed under subsection (a) for any \nexpense for which a deduction or credit is allowed under any other \nprovision of this chapter.\n ``(f) Recapture.--The Secretary shall, by regulations, provide for \nrecapturing the benefit under any credit allowable under subsection (a) \nwith respect to any property substantially all of the use of which is \nnot in a nonattainment area.''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 of such Code (relating to current year business credit) is \namended by striking ``plus'' at the end of paragraph (35), by striking \nthe period at the end of paragraph (36) and inserting ``, plus'', and \nby adding at the end thereof the following new paragraph:\n ``(37) the clean-fuel credit determined under section \n 45S.''.\n (c) Denial of Double Benefit.--Section 280C of such Code (relating \nto certain expenses for which credits are allowable) is amended by \nadding at the end thereof the following new subsection:\n ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for \nthat portion of expenses for clean-burning fuel otherwise allowable as \na deduction for the taxable year which is equal to the amount of the \ncredit determined for such taxable year under section 45S.''.\n (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph \n(B) of section 38(c)(4) of such Code (relating to specified credits) is \namended by striking ``and'' at the end of clause (viii), by striking \nthe period at the end of clause (ix) and inserting ``, and'', and by \ninserting after clause (ix) the following:\n ``(x) the credit determined under section \n 45S.''.\n (e) Deduction for Certain Unused Business Credits.--Subsection (c) \nof section 196 of such Code is amended by striking ``and'' at the end \nof paragraph (13), by striking the period at the end of paragraph (14) \nand inserting ``, and'', and by adding after paragraph (14) the \nfollowing new paragraph:\n ``(15) the clean fuels credit determined under section \n 45S.''.\n (f) Conforming Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 45R the following new \nitem:\n\n``Sec. 45S. Clean-fuel credit with respect to businesses located in \n nonattainment areas.''.\n (g) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2012.\n\nSEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT \n AREAS.\n\n (a) In General.--Subsection (d) of section 30B of the Internal \nRevenue Code of 1986 is amended by adding at the end the following new \nparagraph:\n ``(4) Vehicles placed in service in nonattainment area \n after 2012.--\n ``(A) In general.--No amount shall be allowed as a \n credit determined under this subsection for any taxable \n year beginning after 2012 with respect to a new \n qualified hybrid motor vehicle unless such vehicle is \n placed in service by an eligible business and \n substantially all of the use of which is in a \n nonattainment area.\n ``(B) Recapture.--The Secretary shall, by \n regulations, provide for recapturing the benefit under \n any credit allowable under subsection (a) by reason of \n subparagraph (A) with respect to any property \n substantially all of the use of which is not in a \n nonattainment area.\n ``(C) Phaseout not to apply.--For purposes of this \n subsection, subsection (f) shall not apply.\n ``(D) Definitions.--For purposes of this \n subsection, the terms `eligible business' and \n `nonattainment area' have the meanings given such terms \n by section 45S(d).''.\n (b) Extension of Credit for Hybrid Vehicles Placed in Service in \nNonattainment Areas.--Paragraph (3) of section 30(k) of such Code is \namended to read as follows:\n ``(3) in the case of a new qualified hybrid motor vehicle \n (as described in subsection (d)(2)(B))--\n ``(A) December 31, 2009, and before January 1, \n 2013, or\n ``(B) December 31, 2012, and before January 1, \n 2018.''.\n (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2012.","summary":"Clean Vehicles Incentive Act ofnbsp. 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.","title":"Clean Vehicles Incentive Act of 2013","text_len":12070,"sum_len":705} {"bill_id":"110_s3093","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Electronic Employment Verification \nReauthorization Act of 2008''.\n\nSEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION \n PILOT PROGRAMS.\n\n Section 401(b) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is \namended by striking ``Unless the Congress otherwise provides, the \nSecretary of Homeland Security shall terminate a pilot program at the \nend of the 11-year period beginning on the first day the pilot program \nis in effect.''.\n\nSEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM.\n\n Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of \nthe Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n(division C of Public Law 104-208) are amended by striking ``basic \npilot program'' each place that term appears and inserting ``E-Verify \nProgram''.\n\nSEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS.\n\n Section 402(e) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is \namended--\n (1) by redesignating paragraphs (2) and (3) as paragraphs \n (3) and (4), respectively; and\n (2) by inserting after paragraph (1) the following:\n ``(2) United states contractors.--Any person, employer, or \n other entity that enters into a contract with the Federal \n Government shall participate in the E-Verify Program and shall \n comply with the terms and conditions of such election.''.\n\nSEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.\n\n Section 403(a)(3)(A) of the Illegal Immigration Reform and \nImmigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. \n1324a note) is amended--\n (1) by striking ``The person'' and inserting the following:\n ``(i) Upon hiring.--The person''; and\n (2) by adding at the end the following:\n ``(ii) Existing employees.--An employer \n that elects to verify the employment \n eligibility of existing employees shall verify \n the employment eligibility of all such \n employees not later than 10 days after \n notifying the Secretary of Homeland Security of \n such election.\n ``(iii) Required participation.--The \n Secretary of Homeland Security may require any \n employer or class of employers to participate \n in the E-Verify Program with respect to \n individuals employed as of, or hired after, the \n date of the enactment of the Electronic \n Employment Verification Reauthorization Act of \n 2008 if the Secretary has reasonable cause to \n believe that the employer has engaged in \n material violations of section 274A of the \n Immigration and Nationality Act (8 U.S.C. \n 1324a).''.\n\nSEC. 6. REVERIFICATION.\n\n Section 403(a) of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is \namended by adding at the end the following:\n ``(5) Reverification.--Each employer participating in the \n E-Verify Program shall use the confirmation system to reverify \n the work authorization of any individual not later than 3 days \n after the date on which such individual's employment \n authorization is scheduled to expire, as indicated by the \n documents that the individual provided to the employer pursuant \n to section 274A(b), in accordance with the procedures otherwise \n applicable to the verification of a newly hired employee under \n this subsection.''.\n\nSEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM.\n\n Section 403 of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is \namended--\n (1) by redesignating subsection (d) as subsection (e); and\n (2) by inserting after subsection (c) the following:\n ``(d) Small Business Demonstration Program.--The Director of United \nStates Citizenship and Immigration Services shall establish, in a rural \nsetting or in an area with fewer than 10,000 residents, a demonstration \nprogram that assists small businesses in verifying the employment \neligibility of their newly hired employees.''.\n\nSEC. 8. INTERAGENCY NONCONFIRMATION REPORT.\n\n Section 405 of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is \namended by adding at the end the following:\n ``(c) Interagency Nonconfirmation Report.--The Director of United \nStates Citizenship and Immigration Services shall submit a monthly \nreport to the Assistant Secretary of Immigration and Customs \nEnforcement that includes, for each person who receives final \nnonconfirmation through the E-Verify Program--\n ``(1) the name of such person;\n ``(2) his or her Social Security number or alien file \n number;\n ``(3) the name and contact information for his or her \n current employer; and\n ``(4) any other critical information that the Assistant \n Secretary determines to be appropriate.\n ``(d) Use of Monthly Report.--The Secretary of Homeland Security \nmay use information provided under subsection (c) to enforce compliance \nof the immigration laws of the United States.''.","summary":"Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.","title":"A bill to extend and improve the effectiveness of the employment eligibility confirmation program.","text_len":5776,"sum_len":1353} {"bill_id":"108_hr5311","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clinical Laboratory Compliance \nImprovement Act of 2004''.\n\nSEC. 2. PROTECTION OF EMPLOYEES OF PROVIDERS AND SUPPLIERS OF CLINICAL \n DIAGNOSTIC LABORATORY TESTS WHO REPORT VIOLATIONS.\n\n (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. \n1395w-2) is amended by adding at the end the following new subsection:\n ``(c)(1)(A) Each provider or clinical laboratory approved for \nparticipation under this title to provide clinical diagnostic \nlaboratory tests shall post in a conspicuous place a notice to \nemployees that indicates the manner in which to report instances of \nnoncompliance with conditions of participation under this title of the \nprovider or laboratory (as the case may be), including deficiencies \nwith respect to testing, quality, and inadequately trained personnel.\n ``(B)(i) A notice under subparagraph (A) shall include--\n ``(I) the name and contact information of the appropriate \n entity, accreditation organization, or State or Federal agency \n to report instances of noncompliance; and\n ``(II) a description of the rights and protections under \n this section of individuals who report instances of \n noncompliance.\n ``(ii) The Secretary shall specify the form of the notice.\n ``(2)(A) A provider or clinical laboratory approved for \nparticipation under this title to provide clinical diagnostic \nlaboratory tests shall not discriminate or retaliate in any manner \nagainst any employee of the provider or laboratory (as the case may be) \nbecause that employee, or any other person, has presented a grievance \nor complaint, or has initiated or cooperated in any investigation or \nproceeding of any kind, relating to the clinical diagnostic laboratory \ntests performed by the provider or laboratory (as the case may be) or \nother requirements and prohibitions of this title.\n ``(B) An employee of a provider or clinical laboratory approved for \nparticipation under this title to provide clinical diagnostic \nlaboratory tests who has been discriminated or retaliated against in \nemployment in violation of this subsection may initiate judicial action \nin a United States District Court and shall be entitled to \nreinstatement, reimbursement for lost wages and work benefits caused by \nthe unlawful acts of the employing provider or laboratory (as the case \nmay be). Prevailing employees are entitled to reasonable attorney's \nfees and costs associated with pursuing the judicial action.\n ``(C) No action may be brought under subparagraph (B) more than 2 \nyears after the discrimination or retaliation with respect to which the \naction is brought.\n ``(D) For purposes of this paragraph--\n ``(i) an adverse employment action shall be treated as \n `retaliation or discrimination'; and\n ``(ii) an adverse employment action includes--\n ``(I) the failure to promote an individual or \n provide any other employment-related benefit for which \n the individual would otherwise be eligible;\n ``(II) an adverse evaluation or decision made in \n relation to accreditation, certification, \n credentialing, or licensing of the individual; and\n ``(III) a personnel action that is adverse to the \n individual concerned.''.\n (b) Clerical Amendment.--The heading of such section is amended by \nadding at the end the following:\n\n ``; whistleblower protections''.\n\n (c) Effective Date.--The amendment made by subsection (a) shall \ntake effect January 1, 2005.\n\nSEC. 3. REQUIREMENT FOR UNANNOUNCED SURVEYS.\n\n (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. \n1395w-2), as amended by section 2(a), is further amended by adding at \nthe end the following new subsections:\n ``(d)(1) Upon receipt of a report of an instance of noncompliance \nwith conditions of participation by a provider or clinical laboratory \napproved for participation under this title to provide clinical \ndiagnostic laboratory tests, the investigative organization shall--\n ``(A) provide notice to the Secretary and other \n investigative organizations involved of receipt of the report \n within 3 business days of such receipt using a standard format \n and manner of transmission developed by the Secretary for such \n purpose;\n ``(B) promptly determine whether to investigate the report; \n and\n ``(C) if appropriate, promptly investigate the report.\n ``(2) In measuring performance of an investigative organization \nunder a contract entered into with the Secretary, the Secretary shall \nprovide for appropriate adjustments to payments under the contract for \nfailure to carry out the responsibilities of this subsection.\n ``(3) In this subsection, the term `investigative organization' \nmeans an accreditation organization, a State agency, or other entity \nresponsible for surveys of such providers or clinical laboratories.\n ``(e)(1) Each provider or clinical laboratory approved for \nparticipation under this title to provide clinical diagnostic \nlaboratory tests shall be subject to a standard survey, to be conducted \nwithout any prior notice to the provider or laboratory (as the case may \nbe). Each survey shall include verification of compliance with \nrequirements under subsection (c).\n ``(2) Any individual who notifies (or causes to be notified) a \nprovider or laboratory of the time or date on which such a survey is \nscheduled to be conducted is subject to a civil money penalty not to \nexceed $2,000.\n ``(3) The Secretary shall review each State's procedures for the \nscheduling and conduct of standard surveys to assure that the State has \ntaken all reasonable steps to avoid giving notice of such a survey \nthrough the scheduling procedures and the conduct of the surveys \nthemselves.\n ``(f) The Secretary shall submit to Congress an annual report on \nthe actions taken under this section. Each such report shall include \ninformation on reports made under subsection (c), actions taken under \nsubsection (d), the promptness with which such actions were taken, the \nfindings of any investigation of such reports, and any actions taken \nbased upon such findings.''.\n (b) Clerical Amendment.--The heading of such section, as amended by \nsection 2(b), is further amended by adding at the end the following:\n\n ``; unannounced surveys''.\n\n (c) Effective Date.--The amendment made by subsection (a) shall \ntake effect January 1, 2005.","summary":"Clinical Laboratory Compliance Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to require each provider or clinical laboratory approved for participation under Medicare to provide clinical diagnostic laboratory tests to post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation. Prohibits such a provider or clinical laboratory from discriminating against or retaliating in any manner against any employee because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed or other requirements and prohibitions of Medicare. Provides for judicial action for any employee so aggrieved. Requires the investigative organization, upon receipt of a report of an instance of noncompliance, to: (1) provide notice to the Secretary and other investigative organizations involved of receipt of the report within three business days, using a standard format and manner of transmission developed by the Secretary for such purpose, (2) promptly determine whether to investigate the report. And (3) if appropriate, promptly investigate it. Requires that the Secretary, in measuring the performance of an investigative organization under contract, to provide for appropriate adjustments to payments for failure to carry out the responsibilities of this Act. Subjects each provider or clinical laboratory to a standard survey, including verification of compliance with requirements, conducted without prior notice. Makes liable for civil monetary penalties any individual who notifies a provider or laboratory of the time or date on which such a survey is scheduled to be conducted.","title":"To amend title XVIII of the Social Security Act to provide whistleblower protection to employees of clinical laboratories who furnish services under the Medicare Program, and for other purposes.","text_len":6684,"sum_len":1858} {"bill_id":"106_hr5584","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Educational Empowerment Act''.\n\nSEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.\n\n (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new subchapter:\n\n ``Subchapter X--Educational Empowerment Zones\n\n ``Sec. 1400E. Designation of educational \n empowerment zones.\n\n``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.\n\n ``(a) Designation.--\n ``(1) Educational empowerment zone.--For purposes of this \n title, the term `educational empowerment zone' means any area--\n ``(A) which is nominated by one or more local \n governments and the State or States in which it is \n located for designation as an educational empowerment \n zone (hereinafter in this section referred to as a \n `nominated area'), and\n ``(B) which the Secretary of Health and Human \n Services and the Secretary of Education (hereinafter in \n this section referred to as the `Secretaries \n concerned') jointly designate as an educational \n empowerment zone.\n ``(2) Number of designations.--The Secretaries concerned \n may designate not more than 30 nominated areas as educational \n empowerment zones.\n ``(3) Areas designated based on degree of poverty, etc.--\n Except as otherwise provided in this section, the nominated \n areas designated as educational empowerment zones under this \n subsection shall be those nominated areas with the highest \n average ranking with respect to the criteria described in \n subsection (c)(3). For purposes of the preceding sentence, an \n area shall be ranked within each such criterion on the basis of \n the amount by which the area exceeds such criterion, with the \n area which exceeds such criterion by the greatest amount given \n the highest ranking.\n ``(4) Limitation on designations.--\n ``(A) Publication of regulations.--The Secretaries \n concerned shall prescribe by regulation no later than 4 \n months after the date of the enactment of this \n section--\n ``(i) the procedures for nominating an area \n under paragraph (1)(A),\n ``(ii) the parameters relating to the size \n and population characteristics of an \n educational empowerment zone, and\n ``(iii) the manner in which nominated areas \n will be evaluated based on the criteria \n specified in subsection (c).\n ``(B) Time limitations.--The Secretaries concerned \n may designate nominated areas as educational \n empowerment zones only during the 24-month period \n beginning on the first day of the first month following \n the month in which the regulations described in \n subparagraph (A) are prescribed.\n ``(C) Procedural rules.--The Secretaries concerned \n shall not make any designation of a nominated area as \n an educational empowerment zone under paragraph (2) \n unless--\n ``(i) a nomination regarding such area is \n submitted in such a manner and in such form, \n and contains such information, as the \n Secretaries concerned shall by regulation \n prescribe, and\n ``(ii) the Secretaries concerned determine \n that any information furnished is reasonably \n accurate.\n ``(5) Nomination process for indian reservations.--For \n purposes of this subchapter, in the case of a nominated area on \n an Indian reservation, the reservation governing body (as \n determined by the Secretary of the Interior) shall be treated \n as being both the State and local governments with respect to \n such area.\n ``(b) Period for Which Designation Is in Effect.--Any designation \nof an area as an educational empowerment zone shall remain in effect \nduring the period beginning on the date of the designation and ending \non the earliest of--\n ``(1) December 31, 2005,\n ``(2) the termination date designated by the State and \n local governments in their nomination, or\n ``(3) the date the Secretaries concerned revoke such \n designation.\n ``(c) Area and Eligibility Requirements.--\n ``(1) In general.--The Secretary of Commerce may designate \n a nominated area as an educational empowerment zone under \n subsection (a) only if the area meets the requirements of \n paragraphs (2) and (3) of this subsection.\n ``(2) Area requirements.--For purposes of paragraph (1), a \n nominated area meets the requirements of this paragraph if--\n ``(A) the area is within the jurisdiction of one or \n more local governments,\n ``(B) the boundary of the area is \n continuous, and\n ``(C) the area does not include an \n empowerment zone (as defined in section \n 1393(b)) other than such a zone designated \n under section 1391(g).\n ``(3) Eligibility requirements.--For purposes of paragraph \n (1), a nominated area meets the requirements of this paragraph \n if the State and the local governments in which it is located \n certify that the nominated area satisfies such conditions as \n the Secretary of Education deems appropriate.\n ``(4) Consideration of dropout rate, etc.--The Secretary of \n Education, in setting forth the conditions for eligibility \n pursuant to paragraph (3), shall take into account the extent \n to which an area has low-income families, a high dropout rate, \n a high rate of teen pregnancy, and large school class sizes.\n ``(d) Coordination With Treatment of Enterprise Communities.--For \npurposes of this title, if there are in effect with respect to the same \narea both--\n ``(1) a designation as an educational empowerment zone, and\n ``(2) a designation as an enterprise community,\nboth of such designations shall be given full effect with respect to \nsuch area.\n ``(e) Definitions and Special Rules.--For purposes of this \nsubchapter, rules similar to the rules of paragraphs (2), (3), (5), and \n(7) of section 1393 shall apply.''.\n (b) Clerical Amendment.--The table of subchapters for chapter 1 is \namended by adding at the end the following new item:\n\n ``Subchapter X. Educational Empowerment \n Zones.''\n\nSEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL \n EMPOWERMENT ZONES.\n\n (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 30A the following new section:\n\n``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL \n EMPOWERMENT ZONES.\n\n ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to the amount of qualified educational empowerment zone \ncontributions made by the taxpayer during such year.\n ``(b) Maximum Credit.--The amount of the credit allowed by \nsubsection (a)--\n ``(1) in the case of an individual, shall not exceed \n $2,000, and\n ``(2) in the case of any other taxpayer, shall not exceed \n $10,000.\n ``(c) Definition of Qualified Educational Empowerment Zone \nContributions.--For purposes of this section, the term `qualified \neducational empowerment zone contributions' means cash contributions \nmade to any school district located in an educational empowerment zone \n(as designated under section 1400E) if such contributions--\n ``(1) but for subsection (d), would be allowable as a \n deduction under section 170, and\n ``(2) are used for any of the following purposes by the \n school district:\n ``(A) Hiring new teachers.\n ``(B) Increasing teacher salaries.\n ``(C) Training teachers.\n ``(d) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter for any contribution taken into account in computing \nthe credit under this section.\n ``(e) Election.--This section shall apply to any taxpayer for any \ntaxable year only if such taxpayer elects (at such time and in such \nmanner as the Secretary may by regulations prescribe) to have this \nsection apply for such taxable year.\n ``(f) Application With Other Credits; Carryover of Excess Credit.--\nThe credit allowed by subsection (a) for any taxable year shall not \nexceed the excess (if any) of--\n ``(1) the regular tax for the taxable year reduced by the \n sum of the credits allowable under subpart A and the preceding \n sections of this subpart, over\n ``(2) the tentative minimum tax for the taxable year.\nIf the credit under subsection (a) exceeds the limitation of the \npreceding sentence, such excess shall be added to the credit allowable \nunder subsection (a) for the succeeding taxable year.''.\n (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 30A the following new \nitem:\n\n ``Sec. 30B. Contributions to school \n districts in educational \n empowerment zones.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.\n\n Part B of title IV of the Higher Education Act of 1965 is amended \nby inserting after section 428K (20 U.S.C. 1078-11) the following new \nsection:\n\n``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.\n\n ``(a) Purpose.--It is the purpose of this section to encourage more \nindividuals to enter and stay in the field of teaching mathematics, \nscience, and related fields.\n ``(b) Program.--\n ``(1) In general.--The Secretary shall carry out a program \n of assuming the obligation to repay, pursuant to subsection \n (c), a loan made, insured, or guaranteed under this part or \n part D (excluding loans made under sections 428B and 428C or \n comparable loans made under part D) for any new borrower after \n October 1, 1998, who--\n ``(A) has been employed as a full-time teacher for \n 3 consecutive complete school years in a school that is \n located in an educational empowerment zone, as such \n term is defined in section 1400E of the Internal \n Revenue Code of 1986;\n ``(B) is a fully qualified teacher; and\n ``(C) is not in default on a loan for which the \n borrower seeks forgiveness.\n ``(2) Award basis; priority.--\n ``(A) Award basis.--Subject to subparagraph (B), \n loan repayment under this section shall be on a first-\n come, first-served basis and subject to the \n availability of appropriations.\n ``(B) Priority.--The Secretary shall give priority \n in providing loan repayment under this section for a \n fiscal year to student borrowers who received loan \n repayment under this section for the preceding fiscal \n year.\n ``(3) Regulations.--The Secretary is authorized to \n prescribe such regulations as may be necessary to carry out the \n provisions of this section.\n ``(c) Loan Repayment.--\n ``(1) Eligible amount.--The amount the Secretary may repay \n on behalf of any individual under this section shall not \n exceed--\n ``(A) 80 percent of the sum of the principal \n amounts outstanding of the individual's qualifying \n loans at the end of 3 consecutive complete school years \n of service described in subsection (b)(1)(A);\n ``(B) an additional 10 percent of such sum at the \n end of each of the next 2 consecutive complete school \n years of such service; and\n ``(C) a total of more than $10,000.\n ``(2) Construction.--Nothing in this section shall be \n construed to authorize the refunding of any repayment of a loan \n made under this part or part D.\n ``(3) Interest.--If a portion of a loan is repaid by the \n Secretary under this section for any year, the proportionate \n amount of interest on such loan which accrues for such year \n shall be repaid by the Secretary.\n ``(4) Double benefits prohibited.--No borrower may, for the \n same service, receive a benefit under both this section and \n subtitle D of title I of the National and Community Service Act \n of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a \n reduction of loan obligations under both this section and \n section 428J or 460.\n ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to \neach eligible lender or holder for each fiscal year an amount equal to \nthe aggregate amount of loans which are subject to repayment pursuant \nto this section for such year.\n ``(e) Application for Repayment.--\n ``(1) In general.--Each eligible individual desiring loan \n repayment under this section shall submit a complete and \n accurate application to the Secretary at such time, in such \n manner, and containing such information as the Secretary may \n require.\n ``(2) Conditions.--An eligible individual may apply for \n loan repayment under this section after completing the required \n number of years of qualifying employment.\n ``(3) Fully qualified teachers.--An application for loan \n repayment under this section shall include such information as \n is necessary to demonstrate that the applicant--\n ``(A) if teaching in a public elementary or \n secondary school (other than as a teacher in a public \n charter school), has obtained State certification as a \n teacher (including certification obtained through \n alternative routes to certification) or passed the \n State teacher licensing exam and holds a license to \n teach in such State; and\n ``(B) if teaching in--\n ``(i) an elementary school, holds a \n bachelor's degree and demonstrates knowledge \n and teaching skills in reading, writing, \n mathematics, science, and other areas of the \n elementary school curriculum; or\n ``(ii) a middle or secondary school, holds \n a bachelor's degree and demonstrates a high \n level of competency in all subject areas in \n which he or she teaches through--\n ``(I) a high level of performance \n on a rigorous State or local academic \n subject areas test; or\n ``(II) completion of an academic \n major in each of the subject areas in \n which he or she provides instruction.\n ``(f) Evaluation.--\n ``(1) In general.--The Secretary shall conduct, by grant or \n contract, an independent national evaluation of the impact of \n the program assisted under this section.\n ``(2) Competitive basis.--The grant or contract described \n in subsection (b) shall be awarded on a competitive basis.\n ``(3) Contents.--The evaluation described in this \n subsection shall--\n ``(A) determine the number of individuals who were \n encouraged by the program assisted under this section \n to pursue teaching careers;\n ``(B) determine the number of individuals who \n remain employed in teaching mathematics, science, or \n related fields as a result of participation in the \n program;\n ``(C) identify the barriers to the effectiveness of \n the program;\n ``(D) assess the cost-effectiveness of the program; \n and\n ``(E) identify the number of years each individual \n participates in the program.\n ``(4) Interim and final evaluation reports.--The Secretary \n shall prepare and submit to the President and the Congress such \n interim reports regarding the evaluation described in this \n subsection as the Secretary deems appropriate, and shall \n prepare and so submit a final report regarding the evaluation \n by January 1, 2004.''.","summary":"Establishes a teacher loan forgiveness program for mathematics and science teachers.","title":"Educational Empowerment Act","text_len":18026,"sum_len":84} {"bill_id":"103_hr4758","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Durham Woods Natural Gas Pipeline \nSafety Act of 1994''.\n\nSEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION \n AREAS.\n\n (a) Instrumented Internal Inspection Devices.--Section 3(g)(2) of \nthe Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(g)(2)) \nis amended by inserting ``, not less than once every 7 years,'' after \n``requiring the periodic inspection''.\n (b) Additional Inspections.--Section 3 of the Natural Gas Pipeline \nSafety Act of 1968 (49 U.S.C. App. 1672) is amended by adding at the \nend the following new subsection:\n ``(l) Additional Inspection Requirements.--Within 2 years after the \ndate of enactment of this subsection, the Secretary shall issue \nregulations requiring that each operator of transmission pipelines--\n ``(1) establish a program for observing from the air, or \n inspecting from the ground, or both, at least once every month, \n the surface conditions on and adjacent to the right-of-way of \n all of such operator's transmission pipelines identified \n pursuant to subsection (i) for indications of leaks, \n construction, and other circumstances affecting safety or \n operation; and\n ``(2) place line markers along the rights-of-way of all of \n such operator's transmission pipelines identified pursuant to \n subsection (i), unless such placement is impractical.''.\n\nSEC. 3. DAMAGE REPORTING.\n\n Section 20(g)(2) of the Natural Gas Pipeline Safety Act of 1968 (49 \nU.S.C. App. 1687(g)(2)) is amended--\n (1) by striking ``or'' at the end of subparagraph (A);\n (2) by redesignating subparagraph (B) as subparagraph (C); \n and\n (3) by inserting after subparagraph (A) the following new \n subparagraph:\n ``(B) a natural gas pipeline facility and does not \n report the damage promptly to the operator of the \n pipeline facility or other appropriate authorities; \n or''.\n\nSEC. 4. INCREASED PENALTIES.\n\n (a) Criminal Penalties.--(1) Section 20(g) of the Natural Gas \nPipeline Safety Act of 1968 (49 U.S.C. App. 1687(g)) is amended by \nstriking ``5 years'' and inserting in lieu thereof ``10 years''.\n (2) Section 11(c) of the Natural Gas Pipeline Safety Act of 1968 \n(49 U.S.C. App. 1679a(c)) is amended--\n (A) in paragraph (1), by striking ``$25,000, imprisonment \n for a term not to exceed 5 years'' and inserting in lieu \n thereof ``$100,000, imprisonment for a term not to exceed 10 \n years'';\n (B) in paragraph (2), by striking ``$25,000, imprisonment \n for a term not to exceed 15 years'' and inserting in lieu \n thereof ``$100,000, imprisonment for a term not to exceed 30 \n years''; and\n (C) in paragraph (3), by striking ``$5,000, imprisonment \n for a term not to exceed 1 year'' and inserting in lieu thereof \n ``$50,000, imprisonment for a term not to exceed 5 years''.\n (b) Civil Penalties.--Section 11(a) of the Natural Gas Pipeline \nSafety Act of 1968 (49 U.S.C. App. 1679a(a)) is amended--\n (1) in paragraph (1)--\n (A) by striking ``or section 20(h)'' and inserting \n in lieu thereof ``, section 20(h), or section 22(a)'';\n (B) by striking ``$25,000'' and inserting in lieu \n thereof ``$50,000''; and\n (C) by striking ``$500,000'' and inserting in lieu \n thereof ``$1,000,000''; and\n (2) in paragraph (2), by striking ``$50,000'' and inserting \n in lieu thereof ``$100,000''.\n\nSEC. 5. PUBLIC AWARENESS.\n\n Section 18(a) of the Natural Gas Pipeline Safety Act of 1968 (49 \nU.S.C. App. 1685(a)) is amended--\n (1) by inserting ``(1)'' before ``Each person who''; and\n (2) by adding at the end the following new paragraph:\n ``(2) The Secretary shall, to the extent provided in advance in \nappropriations Acts, make grants to States for the promotion of public \nawareness of the dangers of excavating near natural gas pipelines by \nadvertising in the media and other means.''.\n\nSEC. 6. PIPELINE SAFETY STUDY.\n\n (a) Study.--The Secretary of Transportation shall conduct a \ncomprehensive study on the safety of all natural gas transmission \npipelines in the State of New Jersey. Such study shall address, at a \nminimum--\n (1) increasing population encroachment on pipeline rights-\n of-way;\n (2) environmental concerns;\n (3) financial pressures on the pipeline industry to control \n their costs; and\n (4) the feasibility of utilizing remotely operated or \n automatic shut-off valves, and their appropriate spacing.\n (b) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Transportation shall transmit \nto the Congress a report containing the results of the study conducted \nunder subsection (a).\n\nSEC. 7. RISK ASSESSMENT.\n\n (a) Assessment.--The Secretary of Transportation shall conduct an \nassessment of the risks to public safety and the environment posed by \nthe transportation of natural gas by pipeline. Such assessment shall--\n (1) rank the risks identified by the Secretary in terms of \n their probability of occurrence and the severity of their \n likely consequences, and in terms of any other factors the \n Secretary considers relevant;\n (2) identify and prioritize technically feasible and \n economically justified actions that should be taken to lessen \n the risks identified; and\n (3) address, at a minimum--\n (A) inspection by instrumented internal inspection \n devices;\n (B) installation of emergency flow restricting \n devices;\n (C) inspection and burial of underwater pipelines; \n and\n (D) inspection and replacement of cast iron \n pipelines.\n (b) Report to Congress.--Not later than 18 months after the date of \nenactment of this Act, the Secretary of Transportation shall transmit \nto the Congress a report including the assessment required under \nsubsection (a) and a plan for actions proposed by the Secretary to \naddress each risk identified in the assessment.\n\nSEC. 8. MAPPING.\n\n The National Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671-\n1688) is amended by adding at the end the following new section:\n\n``SEC. 22. MAPPING.\n\n ``(a) Location of Transmission Pipelines.--The owner or operator of \neach of the Nation's transmission pipelines shall inform the Secretary \nof the specific location of such transmission pipelines.\n ``(b) Comprehensive Mapping Program.--The Secretary, using the \ninformation received under subsection (a) and any other information \navailable to the Secretary, shall develop a comprehensive mapping \nprogram to identify the specific location of all of the Nation's \ntransmission pipelines. The program shall include information on the \nproximity of transmission pipelines to high-density population areas, \nenvironmentally sensitive areas, water intakes, and other appropriate \nareas or facilities. The Secretary shall establish an electronic data \nbase for the comprehensive mapping program, and shall ensure that such \ndata base is available to the public in an appropriate manner.\n ``(c) Security.--The Secretary shall ensure the security of the \nprogram developed under subsection (b) against terrorism, sabotage, and \nother threats.''.","summary":"Durham Woods Natural Gas Pipeline Safety Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of natural gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas. And (2) transmission pipeline operators to institute a monthly inspection program for hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to knowingly damage a natural gas pipeline facility and subsequently fail to report such damage. Increases the civil and criminal penalties for violations of this Act. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near natural gas pipelines. (2) study and report to the Congress on the safety of all natural gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by natural gas pipeline transportation. And (3) develop a comprehensive mapping program to identify the specific location of all transmission pipelines in the country.","title":"Durham Woods Natural Gas Pipeline Safety Act of 1994","text_len":7730,"sum_len":1229} {"bill_id":"104_hr2463","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Radiation Experimentation \nCompensation Act of 1995''.\n\nSEC. 2. FINDINGS, PURPOSE, AND APOLOGY.\n\n (a) Findings.--The Congress finds that--\n (1) since the 1940's, the Federal Government has \n intentionally conducted secret radiation experiments in the \n United States without the informed consent or knowledge of the \n individuals on whom the experiments were performed;\n (2) such radiation experiments included eighteen subjects \n of plutonium injection experiments, the subject of a zirconium \n injection experiment, and several subjects of total body \n irradiation experiments conducted during World War II;\n (3) the Federal Government performed such experiments not \n in order to achieve medical or health benefits for the \n individuals used in the tests, but for research purposes, to \n allow Federal Government scientists and health specialists to \n study the effects of radiation on the human body;\n (4) at the time of such experiments and in the years \n following the experiments, the Federal Government failed to \n inform the individuals tested, or their families, about the \n nature and effects of the tests;\n (5) the Federal Government has harmed the subjects of such \n radiation experiments;\n (6) the Congress presumes that the exposure to radiation of \n the subjects of such experiments has generated an excess of \n cancers and other debilitating diseases and health problems for \n such subjects;\n (7) the Federal Government should recognize that the lives \n and health of the innocent individuals who were the subjects of \n such experiments were put at risk by the individuals' unknowing \n and involuntary participation in radiation experiments; and\n (8) the Federal Government should assume responsibility for \n the harm caused by its actions regarding the experiments.\n (b) Purpose.--It is the purpose of this Act to establish a \nprocedure to make partial restitution to the individuals described in \nsubsection (a) for the burdens they have borne for the Nation as a \nwhole, although monetary compensation can never fully compensate them.\n (c) Apology.--The Congress apologizes on behalf of the Nation to \nthe individuals described in subsection (a) and their families for the \nhardships they have endured because of the experiments described in \nsubsection (a).\n\nSEC. 3. TRUST FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a trust fund to be known as the ``Radiation \nExperimentation Compensation Trust Fund'' (in this Act referred to as \nthe ``Fund''), which shall be administered by the Secretary of the \nTreasury.\n (b) Investment of Amounts in Fund.--Amounts in the Fund shall be \ninvested in accordance with section 9702 of title 31, United States \nCode, and any interest on, and proceeds from, any such investment shall \nbe credited to and become a part of the Fund.\n (c) Availability of Fund.--Amounts in the Fund shall be available \nonly for disbursement by the Attorney General under section 5.\n (d) Termination.--\n (1) Time of termination.--The Fund shall terminate not \n later than the earlier of--\n (A) the date on which the amount authorized to be \n appropriated to the Fund by subsection (e), and any \n income earned on such amount, have been expended from \n the Fund; or\n (B) 22 years after the date of the enactment of \n this Act.\n (2) Amounts remaining in fund.--At the end of the 22-year \n period referred to in paragraph (1)(B), if all of the amounts \n in the Fund have not been expended, investments of amounts in \n the Fund shall be liquidated, the receipts of such liquidation \n shall be deposited in the Fund, and all funds remaining in the \n Fund shall be deposited in the miscellaneous receipts account \n in the Treasury.\n (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Fund $2,500,000. Any amount appropriated pursuant \nto this subsection is authorized to remain available until expended.\n\nSEC. 4. CLAIMS ELIGIBLE FOR PAYMENT.\n\n (a) In General.--Any individual who, without the individual's \ninformed consent, was intentionally injected with plutonium or \nzirconium, or exposed to total body radiation, as a subject in an \nexperiment of the Federal Government at any time during the period \nbeginning on January 1, 1940, and ending on December 31, 1974, shall \nreceive $50,000 if--\n (1) a claim for such payment is filed with the Attorney \n General by or on behalf of such individual; and\n (2) the Attorney General determines, in accordance with \n section 5(b), that the claim meets the requirements of this \n Act.\n (b) Definitions.--For purposes of this section:\n (1) The term ``experiment'' means a test or other action \n that is conducted primarily for research purposes to determine \n the effect of exposure to radiation on the human body.\n (2) The term ``Federal Government'' means--\n (A) the legislative, judicial, or executive branch \n of the government of the United States, or any agency \n or instrumentality of such a branch;\n (B) any person or entity whose actions regarding an \n experiment under which humans were injected with \n plutonium or zirconium, or exposed to total body \n radiation, were funded in any manner, approved, \n authorized, supervised, or contracted for, by an entity \n referred to in subparagraph (A); or\n (C) any person or entity that was funded in any \n manner, approved, authorized, supervised, or contracted \n with, wholly or partially, by an entity referred to in \n subparagraph (A) during a time period in which an \n entity referred to in subparagraph (A) had knowledge \n that such person or entity was conducting any \n experiment under which humans were injected with \n plutonium or zirconium, or exposed to total body \n radiation.\n (3) The term ``informed consent'' means consent by an \n individual (or the individual's parent or legal guardian, in \n the case of an individual who was a minor or was incompetent at \n the relevant time), to the individual's participation in an \n experiment, after a full disclosure of the nature and purpose \n of the experiment and its possible consequences that was \n sufficient to allow the individual (or the individual's parent \n or legal guardian, in the case of an individual who was a minor \n or was incompetent at the relevant time) to intelligently \n exercise judgment to decide whether the individual should \n participate in the experiment.\n\nSEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.\n\n (a) Establishment of Filing Procedures.--The Attorney General shall \nestablish procedures under which individuals may submit claims for \npayments under this Act.\n (b) Determination of Claims.--For each claim filed under this Act, \nthe Attorney General shall determine whether the claim meets the \nrequirements of section 4(a).\n (c) Payment of Claims.--\n (1) In general.--The Attorney General shall pay, from \n amounts available in the Fund, each claim that the Attorney \n General determines meets the requirements of this Act.\n (2) Offset of payment.--\n (A) Offset of payment made under this Act.--A \n payment under this Act to or on behalf of an individual \n described in section 4(a) shall be offset by the amount \n of any payment made to or on behalf of the individual \n pursuant to a final award or settlement on a claim \n (other than a claim for worker's compensation) against \n any person, that is based on the individual's \n participation in an experiment that is the basis for \n the payment under this Act, including any payment under \n the Radiation Exposure Compensation Act (42 U.S.C. 2210 \n note).\n (B) Offset of payment made under radiation exposure \n compensation act.--For purposes of section 6(c)(2) of \n the Radiation Exposure Compensation Act (42 U.S.C. 2210 \n note), a payment made under this Act shall be \n considered to be a final award or settlement on a claim \n described in subparagraphs (A) and (B) of such section.\n (3) Right of subrogation.--Upon payment of a claim under \n this section, the Federal Government is subrogated, for the \n amount of the payment, to any right or claim that the \n individual to whom the payment was made may have against any \n person on account of participation in an experiment that is the \n basis for the payment made under this Act.\n (4) Payments in case of deceased persons.--\n (A) In general.--In the case of an individual who \n is deceased at the time of payment under this section, \n such payment may be made only as follows:\n (i) If the individual is survived by a \n spouse who is living at the time of payment, \n such payment shall be made to such surviving \n spouse.\n (ii) If the individual is not survived by a \n spouse described in clause (i), such payment \n shall be made in equal shares to the children \n of the individual who are living at the time of \n payment.\n (iii) If the individual is not survived by \n a person described in clause (i) or (ii), such \n payment shall be made in equal shares to the \n parents of the individual who are living at the \n time of payment.\n (iv) If the individual is not survived by a \n person described in any of clauses (i) through \n (iii), such payment shall be made in equal \n shares to the grandchildren of the individual \n who are living at the time of payment.\n (v) If the individual is not survived by a \n person described in any of clauses (i) through \n (iv), such payment shall be made in equal \n shares to the siblings of the individual who \n are living at the time of payment.\n (vi) If the individual is not survived by a \n person described in any of clauses (i) through \n (v), then such payment shall be made in equal \n shares to the grandparents of the individual \n who are living at the time of payment.\n (B) Filing of claim by survivor.--If an individual \n eligible for payment under this Act dies before filing \n a claim under this Act, a survivor of the individual \n who may receive payment under subparagraph (A) may file \n a claim for such payment on the individual's behalf.\n (C) Definitions.--For purposes of this paragraph:\n (i) The term ``child'' includes a \n recognized natural child, a stepchild who lived \n with an individual in a regular parent-child \n relationship, and an adopted child.\n (ii) The term ``grandchild of the \n individual'' means a child of a child of the \n individual.\n (iii) The term ``grandparent of the \n individual'' means a parent of a parent of the \n individual.\n (iv) The term ``parent'' includes fathers \n and mothers through adoption.\n (v) The term ``sibling of the individual'' \n means a child of the parent or parents of the \n individual.\n (vi) The term ``spouse'' means a person who \n was married to the relevant individual for at \n least the 12 months immediately preceding the \n death of the individual.\n (d) Action on Claims.--Within 18 months after the filing of any \nclaim under this Act--\n (1) the Attorney General shall make the determination \n required by subsection (b) regarding the claim; and\n (2) if the claim is determined to meet the requirements of \n section 4(a), the Attorney General shall make the payment \n required by subsection (c)(1).\n (e) Settlement in Full of Claims Against United States.--Payment \nunder this Act, when accepted by an individual, or the individual's \nsurvivors, shall be in full satisfaction of all claims of or on behalf \nof the individual against the United States that arise out of the \nparticipation in the experiment that is the basis for the payment made \nunder this Act.\n (f) Administrative Costs Not Deducted From Payment.--No costs \nincurred by the Attorney General in carrying out this Act may be paid \nfrom, set off against, or otherwise deducted from any payment made \nunder subsection (c)(1).\n (g) Termination of Duties of Attorney General.--The duties of the \nAttorney General under this section shall cease when the Fund \nterminates.\n (h) Treatment of Payments Under Other Laws.--A payment under \nsubsection (c)(1) to an individual--\n (1) shall be treated for purposes of the internal revenue \n laws of the United States as damages for human suffering; and\n (2) shall not be considered as income or resources for \n purposes of determining the individual's eligibility to receive \n benefits described in section 3803(c)(2)(C) of title 31, United \n States Code, or the amount of such benefits.\n (i) Use of Existing Resources.--The Attorney General should, to the \nextent available, use funds and resources available to the Attorney \nGeneral to carry out the Attorney General's functions under this Act.\n (j) Regulatory Authority.--The Attorney General may issue \nregulations necessary to carry out this Act.\n (k) Issuance of Regulations and Procedures.--The initial \nregulations and procedures to carry out this Act shall be issued not \nlater than 120 days after the date of the enactment of this Act.\n (l) Judicial Review.--An individual whose claim for compensation \nunder this Act is denied may seek initial judicial review solely in a \ndistrict court of the United States. The court shall review the denial \non the administrative record and shall hold unlawful and set aside the \ndenial if it is arbitrary, capricious, an abuse of discretion, or \notherwise not in accordance with law. Such an individual may appeal the \ndecision of the district court to the appropriate higher Federal \ncourts.\n\nSEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.\n\n No claim under this Act shall be assignable or transferable.\n\nSEC. 7. LIMITATION ON CLAIMS.\n\n An individual, or the individual's survivors, may not receive \npayment under section 5(c)(1) unless a claim by or on behalf of the \nindividual is filed under this Act within 20 years after the date of \nthe enactment of this Act.\n\nSEC. 8. ATTORNEY OR AGENT FEES.\n\n The agent, attorney, or other representative of an individual or of \nan individual's survivor may not receive, for services rendered in \nconnection with a claim made under this Act, an amount equal to more \nthan 10 percent of the payment made under this Act on such claim. Any \nperson who violates this section shall be guilty of an infraction and \nshall be subject to a fine in the amount provided in title 18, United \nStates Code.\n\nSEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.\n\n A payment made under section 5(c)(1) shall not be considered a form \nof compensation, or reimbursement for a loss, for purposes of imposing \nliability on the individual who receives the payment to repay any \ninsurance carrier for insurance payments, or to repay any person on \naccount of worker's compensation payments. A payment under this Act \nshall not affect any claim against an insurance carrier with respect to \ninsurance, or against any person with respect to worker's compensation.\n\nSEC. 10. BUDGET COMPLIANCE.\n\n No authority under this Act to enter into contracts or to make \npayments shall be effective in any fiscal year except to such extent or \nin such amounts as are provided in advance in appropriations Acts.","summary":"Radiation Experimentation Compensation Act of 1995 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally injected with plutonium or zirconium, or exposed to total body radiation, without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and for payment from amounts in the Fund of each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides that a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to workers' compensation. Provides for judicial review of denied claims. Establishes a time limit for the filing of claims of 20 years after enactment of this Act.","title":"Radiation Experimentation Compensation Act of 1995","text_len":17557,"sum_len":1450} {"bill_id":"114_hr4000","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Ozone National Ambient Air Quality \nStandard Deadline Harmonization Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Ozone precursor emissions have been reduced by over 50 \n percent since 1980, resulting in a 33-percent improvement of \n ozone air quality. The Environmental Protection Agency projects \n this improvement will continue even under rules and programs \n already in place.\n (2) States are just beginning to implement the 2008 ozone \n standards, for which the Environmental Protection Agency \n published State implementation plan requirements on February \n 13, 2015. Notwithstanding this delayed implementation of the \n 2008 ozone standards, the Environmental Protection Agency \n published the 2015 ozone standards on October 26, 2015.\n (3) With publication of the 2015 ozone standards so early \n in the implementation of the 2008 ozone standards, States face \n the prospect of simultaneously implementing two national \n ambient air quality standards for ozone.\n (4) In addition, counties face severe statutorily imposed \n consequences if designated as nonattainment or for failing to \n meet attainment deadlines, even if those counties would \n ultimately achieve attainment with no further action.\n (5) If the 2008 and 2015 ozone standards implementation \n schedules are not harmonized, already strained State resources \n will be burdened by overlapping implementation schedules, and \n counties that are projected to achieve necessary air quality \n improvements will face significant and permanent sanctions.\n\nSEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION.\n\n (a) Designation Submission.--Not later than October 26, 2024, the \nGovernor of each State shall designate in accordance with section \n107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions \nthereof) of the Governor's State as attainment, nonattainment, or \nunclassifiable with respect to the 2015 ozone standards.\n (b) Designation Promulgation.--Not later than October 26, 2025, the \nAdministrator shall promulgate final designations under section 107(d) \nof the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States \nwith respect to the 2015 ozone standards, including any modifications \nto the designations submitted under subsection (a).\n (c) State Implementation Plans.--Not later than October 26, 2026, \nnotwithstanding the deadline specified in section 110(a)(1) of the \nClean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan \nrequired by such section 110(a)(1) for the 2015 ozone standards.\n\nSEC. 4. CERTAIN PRECONSTRUCTION PERMITS.\n\n (a) In General.--The 2015 ozone standards shall not apply to the \nreview and disposition of a preconstruction permit application if--\n (1) the Administrator or the State, local, or tribal \n permitting authority, as applicable, determines the application \n to be complete on or before the date of promulgation of final \n designations under section 3(b); or\n (2) the Administrator or the State, local, or tribal \n permitting authority, as applicable, publishes a public notice \n of a preliminary determination or draft permit for the \n application before the date that is 60 days after the date of \n promulgation of final designations under section 3(b).\n (b) Rules of Construction.--Nothing in this section shall be \nconstrued to--\n (1) eliminate the obligation of a preconstruction permit \n applicant to install best available control technology and \n lowest achievable emissions rate technology, as applicable; or\n (2) limit the authority of a State, local, or tribal \n permitting authority to impose more stringent emissions \n requirements pursuant to State, local, or tribal law than \n Federal national ambient air quality standards established by \n the Environmental Protection Agency.\n\nSEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE.\n\n (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1) \nand (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) \nare amended by striking ``five-year intervals'' each place it appears \nand inserting ``ten-year intervals''.\n (b) Cycle for Next Review of Ozone Criteria and Standards.--\nNotwithstanding section 109(d) of the Clean Air Act (42 U.S.C. \n7409(d)), the Administrator of the Environmental Protection Agency \nshall not--\n (1) complete, before October 26, 2025, any review of the \n criteria for ozone published under section 108 of such Act (42 \n U.S.C. 7408) or the national ambient air quality standard for \n ozone promulgated under section 109 of such Act (42 U.S.C. \n 7409); or\n (2) propose, before such date, any revisions to such \n criteria or standards.\n\nSEC. 6. DEFINITIONS.\n\n In this Act:\n (1) The term ``2008 ozone standards'' means the national \n ambient air quality standards for ozone published in the \n Federal Register on March 27, 2008 (73 Fed. Reg. 16436).\n (2) The term ``2015 ozone standards'' means the national \n ambient air quality standards for ozone published in the \n Federal Register on October 26, 2015 (80 Fed. Reg. 65292).\n (3) The term ``Administrator'' means the Administrator of \n the Environmental Protection Agency.\n (4) The term ``best available control technology'' has the \n meaning given to that term in section 169(3) of the Clean Air \n Act (42 U.S.C. 7479(3)).\n (5) The term ``lowest achievable emissions rate'' has the \n meaning given to that term in section 171(3) of the Clean Air \n Act (42 U.S.C. 7501(3)).\n (6) The term ``preconstruction permit''--\n (A) means a permit that is required under part C or \n D of title I of the Clean Air Act (42 U.S.C. 7470 et \n seq.) for the construction or modification of a major \n emitting facility or major stationary source; and\n (B) includes any such permit issued by the \n Environmental Protection Agency or a State, local, or \n tribal permitting authority.","summary":"Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 This bill delays the implementation of the Environmental Protection Agency's (EPA) 2015 national ambient air quality standards (NAAQS) for ozone issued under the Clean Air Act. Each state must designate all of its areas as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards by October 26, 2024. The EPA must promulgate final designations for those areas by October 26, 2025. States must submit a state implementation plan for the 2015 ozone standards by October 26, 2026. The 2015 ozone standards do not apply to the review and disposition of an application for a preconstruction permit for the construction or modification of a major emitting facility or major stationary source if: (1) the application is completed before final designations under the Clean Air Act, or (2) the applicable permitting authority publishes a public notice of a preliminary determination or draft permit for the application before a certain date. The bill changes the interval by which the EPA must review its NAAQS for criteria pollutants from a 5-year review cycle to a 10-year review cycle. The EPA must not complete any review of ozone criteria or its ozone NAAQS before October 26, 2025, or propose any revisions to them.","title":"Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015","text_len":6511,"sum_len":1320} {"bill_id":"112_hr4082","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Social Security Administration \nAccountability Act of 2012''.\n\nSEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION BUDGETARY MATTERS.\n\n (a) Annual Budget.--Section 704(b)(1)(A) of the Social Security Act \n(42 U.S.C. 904(b)(1)(A)) is amended to read as follows:\n ``(b)(1)(A) The Commissioner shall prepare and submit an annual \nbudget estimate for the Administration directly to the President and \nCongress.''.\n (b) Contents of Budget.--Section 704(b)(1)(B) of such Act (42 \nU.S.C. 904(b)(1)(B)) is amended to read as follows:\n ``(B) The Commissioner shall include in the annual budget prepared \npursuant to subparagraph (A) the following:\n ``(i) The total number of cases pending at each hearing \n office, listed by hearing office, and an aggregate total of all \n cases pending at all hearing offices.\n ``(ii) The total number of cases pending for over the \n preceding year at each hearing office, listed by both hearing \n office and presiding administrative judge, and an aggregate \n total of all cases pending for over such year at all hearing \n offices.\n ``(iii) The average duration of time to process each case \n at each hearing office, listed by hearing office.\n ``(iv) The staffing levels at each hearing office and field \n office, including a listing of job titles, classifications, and \n the number of staff within each title and classification.''.\n (c) Comprehensive Work Force Plan.--Section 704(b)(2)(A) of such \nAct (42 U.S.C. 904(b)(2)(A)) is amended by adding at the end the \nfollowing: ``Not later than 90 days before a revision of the \ncomprehensive work force plan, the Commissioner shall submit the \ndocument setting forth the revision to the Committee on Ways and Means \nof the House of Representatives and the Committee on Finance of the \nSenate.''.\n\nSEC. 3. CLOSURE OF FIELD OR HEARING OFFICES.\n\n (a) Moratorium on Closure or Consolidation of Field or Hearing \nOffices or New Limitations on Access to Such Offices.--\n (1) In general.--Except as provided in paragraph (2), the \n Commissioner of Social Security shall take no action on or \n after the date of the enactment of this Act to close or \n consolidate field or hearing offices of the Social Security \n Administration or to otherwise impose any new limitation on \n access to such offices.\n (2) Cessation of moratorium upon report to congress.--\n Paragraph (1) shall cease to be effective 180 days after the \n Commissioner submits to the Committee on Ways and Means of the \n House of Representatives and the Committee on Finance of the \n Senate a detailed report outlining and justifying the process \n for selecting field or hearing offices to be closed or \n consolidated or otherwise to have limited access. Such report \n shall include--\n (A) an analysis of the criteria used for selecting \n field or hearing offices for closure, consolidation, or \n limited access;\n (B) a description of how the Commissioner has \n analyzed and considered relevant factors, including but \n not limited to transportation and communication burdens \n faced by individuals serviced by the offices, including \n elderly and disabled citizens; and\n (C) a description of any method of cost-benefit \n analysis applied by the Commissioner in connection with \n closures and consolidations of field or hearing \n offices, and other limitations on access to field or \n hearing offices, including any analysis that takes into \n account--\n (i) the anticipated savings resulting from \n the closure, consolidation, or limitation on \n access;\n (ii) the anticipated costs associated with \n replacing services lost by the closure, \n consolidation, or limitation on access;\n (iii) the anticipated effects on employees \n of the offices affected; and\n (iv) such other relevant factors as may be \n determined by the Commissioner, including but \n not limited to transportation and communication \n burdens faced by individuals serviced by the \n offices, including elderly and disabled \n citizens.\n (b) Requirements for Future Closures, Consolidations, and New \nLimitations on Access.--\n (1) In general.--Section 704 of the Social Security Act (42 \n U.S.C. 904) is amended by adding at the end the following new \n subsection:\n\n ``Field and Hearing Offices\n\n ``(f)(1) The Commissioner may not close a field or hearing office \nof the Administration, consolidate two or more such offices, or \notherwise impose any new limitation on public access to any such \noffice, unless the Commissioner complies with the requirements of \nparagraphs (2), (3), and (4) in connection with the closure, \nconsolidation, or limitation on public access.\n ``(2)(A) The requirements of this paragraph are met in connection \nwith a closure, consolidation, or new limitation on access referred to \nin paragraph (1) only if--\n ``(i) not later than 120 days before the date of the \n closure, consolidation, or limitation on access, the \n Commissioner provides effective public notice of the proposed \n closure, consolidation, or limitation on access (including, to \n the extent practicable, notice by direct mailing and through \n community outlets such as newspapers and posting in heavily \n frequented public spaces) to individuals residing in the area \n serviced by the affected office or offices; and\n ``(ii) not earlier than 30 days after the issuance of \n public notice pursuant to clause (i) and not later than 45 days \n before the date of the proposed closure, consolidation, or \n limitation on access, the Commissioner conducts at least 2 \n public hearings (scheduled so that the first and last such \n hearings are separated by at least 10 days), at which the \n Commissioner presents the justifications for the closure, \n consolidation, or limitation on access described in \n subparagraph (B) and provides for attendees an opportunity to \n present their views regarding the proposed closure, \n consolidation, or limitation on access.\n ``(B) The justifications referred to in subparagraph (A)(ii) shall \nconsist of the following:\n ``(i) an analysis of the criteria used for selecting the \n field or hearing office or offices for closure, consolidation, \n or limited access;\n ``(ii) a description of how the Commissioner has analyzed \n and considered relevant factors, including but not limited to \n transportation and communication burdens faced by individuals \n serviced by the offices, including elderly and disabled \n citizens; and\n ``(iii) a description of a method of cost-benefit analysis \n which shall be applied by the Commissioner in connection with \n the closure, consolidation, or limitation on access, and which \n shall take into account--\n ``(I) the anticipated savings resulting from the \n closure, consolidation, or limitation on access;\n ``(II) the anticipated costs associated with \n replacing services lost by the closure, consolidation, \n or limitation on access;\n ``(III) the anticipated effects on employees of the \n offices affected; and\n ``(IV) such other relevant factors as may be \n determined by the Commissioner, including but not \n limited to transportation and communication burdens \n faced by individuals serviced by the offices, including \n elderly and disabled citizens.\n ``(C) The notice provided pursuant to subparagraph (A)(i) shall \ninclude notice of the time and place of the public hearings to be \nconducted pursuant to clause (A)(ii) and of the right of aggrieved \nindividuals to appeal to the Commissioner regarding the proposed \nclosure, consolidation, or limitation on access pursuant to paragraph \n(4).\n ``(3) The requirements of this paragraph are met in connection with \na closure, consolidation, or limitation on access referred to in \nparagraph (1) only if, not later than 30 days before the date of the \nproposed closure, consolidation, or limitation on access, the \nCommissioner submits to the Committee on Ways and Means of the House of \nRepresentatives, the Committee on Finance of the Senate, and each \nMember of the Congress representing a State or congressional district \nin which the affected office or offices are located a detailed final \nreport in support of the closure, consolidation, or limitation on \naccess. Such report shall include--\n ``(A) the justifications described in paragraph (2)(B), \n (including any amendments made to such justifications after the \n public hearings conducted pursuant to paragraph (2)(A));\n ``(B) any findings made by the Commissioner pursuant to the \n public hearings;\n ``(C) the status of any appeals regarding the closure, \n consolidation, or new limitation on access which were commenced \n pursuant to paragraph (4) before the date of the report;\n ``(D) the final decision of the Commissioner regarding the \n closure, consolidation, or new limitation on access; and\n ``(E) such other information as the Commissioner considers \n relevant.\n ``(4)(A) Upon timely request by any individual who makes a showing \nin writing described in subparagraph (B) in connection with a proposed \nclosure, consolidation, or limitation on access referred to in \nsubparagraph (A), the Commissioner shall give such individual an \nopportunity for a hearing with respect to the closure, consolidation, \nor limitation on access. The request for the hearing shall be \nconsidered timely only if it is made not later than 30 days before the \nproposed date of the closure, consolidation, or limitation on access. \nThe Commissioner shall submit to the Committee on Ways and Means of the \nHouse of Representatives, the Committee on Finance of the Senate, and \neach Member of the Congress representing a State or congressional \ndistrict in which the affected office or offices are located the \nCommissioner's findings based on the hearing and a description of any \naction taken or to be taken by Commissioner on the basis of such \nfindings.\n ``(B) A showing described in subparagraph (A) shall consist of a \nshowing that--\n ``(i) the determination of the Commissioner to close a \n field or hearing office, consolidate field or hearing offices, \n or impose a new limitation on access to a field or hearing \n office is arbitrary, capricious, an abuse of discretion, not in \n accordance with law, or not based on substantial evidence; or\n ``(ii) the Commissioner has failed to observe procedures \n required by law in connection with the closure, consolidation, \n or new limitation on access.''.\n (2) Effective date.--The amendment made by paragraph (1) of \n this subsection shall apply with respect to closures and \n consolidations of field or hearing offices and impositions of \n new limitations on access to such offices occurring after the \n cessation of the moratorium under subsection (a) of this \n section.","summary":"Social Security Administration Accountability Act of 2012 - Amends title VII (Administration) of the Social Security Act to require the Commissioner of Social Security to submit an annual budget estimate of the Social Security Administration (SSA) directly to Congress and the President . Revises requirements for the general contents of the SSA budget, requiring inclusion of the number of cases pending at each hearing office and the average processing time. Prohibits the Commissioner from closing or consolidating SSA field or hearing offices, or otherwise limiting public access to one, until 180 days after submitting to specified congressional committees a detailed report outlining and justifying the process for selecting field offices to be closed, consolidated, or otherwise have limited access. Prohibits the Commissioner from closing an SSA field or hearing office, consolidating two or more such offices, or otherwise imposing any new limitation on public access to any such office unless the Commissioner follows certain administrative procedures.","title":"To amend title VII of the Social Security Act to require the President to transmit the annual budget of the Social Security Administration without revisions to Congress, and for other purposes.","text_len":12149,"sum_len":1062} {"bill_id":"109_s2255","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Drug Formulary Protection \nAct''.\n\nSEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN \n FORMULARY.\n\n (a) Limitation on Removal or Change of Covered Part D Drugs From \nthe Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the \nSocial Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read \nas follows:\n ``(E) Removing a drug from formulary or imposing a \n restriction or limitation on coverage.--\n ``(i) Limitation on removal, limitation, or \n restriction.--\n ``(I) In general.--Subject to \n subclause (II) and clause (ii), \n beginning with 2006, the PDP sponsor of \n a prescription drug plan may not remove \n a covered part D drug from the plan \n formulary or impose a restriction or \n limitation on the coverage of such a \n drug (such as through the application \n of a preferred status, usage \n restriction, step therapy, prior \n authorization, or quantity limitation) \n other than at the beginning of each \n plan year except as the Secretary may \n permit to take into account new \n therapeutic uses and newly covered part \n D drugs.\n ``(II) Special rule for newly \n enrolled individuals.--Subject to \n clause (ii), in the case of an \n individual who enrolls in a \n prescription drug plan on or after the \n date of enactment of this subparagraph, \n the PDP sponsor of such plan may not \n remove a covered part D drug from the \n plan formulary or impose a restriction \n or limitation on the coverage of such a \n drug (such as through the application \n of a preferred status, usage \n restriction, step therapy, prior \n authorization, or quantity limitation) \n during the period beginning on the date \n of such enrollment and ending on \n December 31 of the immediately \n succeeding plan year except as the \n Secretary may permit to take into \n account new therapeutic uses and newly \n covered part D drugs.\n ``(ii) Exceptions to limitation on \n removal.--Clause (i) shall not apply with \n respect to a covered part D drug that--\n ``(I) is a brand name drug for \n which there is a generic drug approved \n under section 505(j) of the Food and \n Drug Cosmetic Act (21 U.S.C. 355(j)) \n that is placed on the market during the \n period in which there are limitations \n on removal or change in the formulary \n under subclause (I) or (II) of clause \n (i);\n ``(II) is a brand name drug that \n goes off-patent during such period;\n ``(III) is a drug for which the \n Commissioner of Food and Drugs issues a \n clinical warning that imposes a \n restriction or limitation on the drug \n during such period; or\n ``(IV) has been determined to be \n ineffective during such period.\n ``(iii) Notice of removal under application \n of exception to limitation.--The PDP sponsor of \n a prescription drug plan shall provide \n appropriate notice (such as under subsection \n (a)(3)) of any removal or change under clause \n (ii) to the Secretary, affected enrollees, \n physicians, pharmacies, and pharmacists.''.\n (b) Notice for Change in Formulary and Other Restrictions or \nLimitations on Coverage.--\n (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. \n 1395w-104(a)) is amended by adding at the end the following new \n paragraph:\n ``(5) Annual notice of changes in formulary and other \n restrictions or limitations on coverage.--Each PDP sponsor \n offering a prescription drug plan shall furnish to each \n enrollee at the time of each annual coordinated election period \n (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year \n a notice of any changes in the formulary or other restrictions \n or limitations on coverage of a covered part D drug under the \n plan that will take effect for the plan year.''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply to annual coordinated election periods beginning \n after the date of the enactment of this Act.","summary":"Medicare Drug Formulary Protection Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning. Or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition. Requires an annual notice to enrollees of changes in formulary and other restrictions or limitations on coverage.","title":"A bill to amend title XVIII of the Social Security Act to prohibit removal of covered part D drugs from a prescription drug plan formulary during the plan year once an individual has enrolled in the plan.","text_len":6055,"sum_len":588} {"bill_id":"114_hr3471","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Veterans Mobility Safety Act of \n2016''.\nSEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT.\n Section 3903(b) of title 38, United States Code, is amended--\n (1) by striking ``Except'' and inserting ``(1) Except''; and\n (2) by adding at the end the following new paragraph:\n ``(2) The Secretary shall ensure that to the extent practicable an \neligible person who is provided an automobile or other conveyance under \nthis chapter is given the opportunity to make personal selections \nrelating to such automobile or other conveyance.''.\nSEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT \nPROGRAM.\n (a) Comprehensive Policy.--The Secretary of Veterans Affairs shall \ndevelop a comprehensive policy regarding quality standards for \nproviders who provide modification services to veterans under the \nautomobile adaptive equipment program.\n (b) Scope.--The policy developed under subsection (a) shall cover \neach of the following:\n (1) The Department of Veterans Affairs-wide management of the \n automobile adaptive equipment program.\n (2) The development of standards for safety and quality of \n equipment and installation of equipment through the automobile \n adaptive equipment program, including with respect to the defined \n differentiations in levels of modification complexity.\n (3) The consistent application of standards for safety and \n quality of both equipment and installation throughout the \n Department.\n (4) In accordance with subsection (c)(1), the certification of \n a provider by a manufacturer if the Secretary designates the \n quality standards of such manufacturer as meeting or exceeding the \n standards developed under this section.\n (5) In accordance with subsection (c)(2), the certification of \n a provider by a third party, nonprofit organization if the \n Secretary designates the quality standards of such organization as \n meeting or exceeding the standards developed under this section.\n (6) The education and training of personnel of the Department \n who administer the automobile adaptive equipment program.\n (7) The compliance of the provider with the Americans with \n Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing \n automobile adaptive equipment at the facility of the provider.\n (8) The allowance, where technically appropriate, for veterans \n to receive modifications at their residence or location of choice, \n including standards that ensure such receipt and notification to \n veterans of the availability of such receipt.\n (c) Certification of Manufacturers and Third Party, Nonprofit \nOrganizations.--\n (1) Certification of manufacturers.--The Secretary shall \n approve a manufacturer as a certifying manufacturer for purposes of \n subsection (b)(4), if the manufacturer demonstrates that its \n certification standards meet or exceed the quality standards \n developed under this section.\n (2) Certification of third party, nonprofit organizations.--\n (A) In general.--The Secretary may approve two or more \n private, nonprofit organizations as third party, nonprofit \n certifying organizations for purposes of subsection (b)(5).\n (B) Limitation.--If at any time there is only one third \n party, nonprofit certifying organization approved by the \n Secretary for purposes of subsection (b)(5), such organization \n shall not be permitted to provide certifications under such \n subsection until such time as the Secretary approves a second \n third party, nonprofit certifying organization for purposes of \n such subsection.\n (d) Updates.--\n (1) Initial updates.--Not later than 1 year after the date of \n the enactment of this Act, the Secretary shall update Veterans \n Health Administration Handbook 1173.4, or any successor handbook or \n directive, in accordance with the policy developed under subsection \n (a).\n (2) Subsequent updates.--Not less frequently than once every 6 \n years thereafter, the Secretary shall update such handbook, or any \n successor handbook or directive.\n (e) Consultation.--The Secretary shall develop the policy under \nsubsection (a), and revise such policy under subsection (d), in \nconsultation with veterans service organizations, the National Highway \nTransportation Administration, industry representatives, manufacturers \nof automobile adaptive equipment, and other entities with expertise in \ninstalling, repairing, replacing, or manufacturing mobility equipment \nor developing mobility accreditation standards for automobile adaptive \nequipment.\n (f) Conflicts.--In developing and implementing the policy under \nsubsection (a), the Secretary shall--\n (1) minimize the possibility of conflicts of interest, to the \n extent practicable; and\n (2) establish procedures that ensure against the use of a \n certifying organization referred to in subsection (b)(5) that has a \n financial conflict of interest regarding the certification of an \n eligible provider.\n (g) Biennial Report.--\n (1) In general.--Not later than 1 year after the date on which \n the Secretary updates Veterans Health Administration Handbook \n 1173.4, or any successor handbook or directive, under subsection \n (d), and not less frequently than once every other year thereafter \n through 2022, the Secretary shall submit to the Committee on \n Veterans' Affairs of the Senate and the Committee on Veterans' \n Affairs of the House of Representatives a report on the \n implementation and facility compliance with the policy developed \n under subsection (a).\n (2) Contents.--The report required by paragraph (1) shall \n include the following:\n (A) A description of the implementation plan for the policy \n developed under subsection (a) and any revisions to such policy \n under subsection (d).\n (B) A description of the performance measures used to \n determine the effectiveness of such policy in ensuring the \n safety of veterans enrolled in the automobile adaptive \n equipment program.\n (C) An assessment of safety issues due to improper \n installations based on a survey of recipients of adaptive \n equipment from the Department.\n (D) An assessment of the adequacy of the adaptive equipment \n services of the Department based on a survey of recipients of \n adaptive equipment from the Department.\n (E) An assessment of the training provided to the personnel \n of the Department with respect to administering the program.\n (F) An assessment of the certified providers of the \n Department of adaptive equipment with respect to meeting the \n minimum standards developed under subsection (b)(2).\n (h) Definitions.--In this section:\n (1) Automobile adaptive equipment program.--The term \n ``automobile adaptive equipment program'' means the program \n administered by the Secretary of Veterans Affairs pursuant to \n chapter 39 of title 38, United States Code.\n (2) Veterans service organization.--The term ``veterans service \n organization'' means any organization recognized by the Secretary \n for the representation of veterans under section 5902 of title 38, \n United States Code.\nSEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS \nHEALTH ADMINISTRATION.\n (a) Licensed Hearing Aid Specialists.--\n (1) Appointment.--Section 7401(3) of title 38, United States \n Code, is amended by inserting ``licensed hearing aid specialists,'' \n after ``Audiologists,''.\n (2) Qualifications.--Section 7402(b)(14) of such title is \n amended by inserting ``, hearing aid specialist'' after ``dental \n technologist''.\n (b) Requirements.--With respect to appointing hearing aid \nspecialists under sections 7401 and 7402 of title 38, United States \nCode, as amended by subsection (a), and providing services furnished by \nsuch specialists, the Secretary shall ensure that--\n (1) a hearing aid specialist may only perform hearing services \n consistent with the hearing aid specialist's State license related \n to the practice of fitting and dispensing hearing aids without \n excluding other qualified professionals, including audiologists, \n from rendering services in overlapping practice areas;\n (2) services provided to veterans by hearing aid specialists \n shall be provided as part of the non-medical treatment plan \n developed by an audiologist; and\n (3) the medical facilities of the Department of Veterans \n Affairs provide to veterans access to the full range of \n professional services provided by an audiologist.\n (c) Consultation.--In determining the qualifications required for \nhearing aid specialists and in carrying out subsection (b), the \nSecretary shall consult with veterans service organizations, \naudiologists, otolaryngologists, hearing aid specialists, and other \nstakeholder and industry groups as the Secretary determines \nappropriate.\n (d) Annual Report.--\n (1) In general.--Not later than 1 year after the date of the \n enactment of this Act, and annually thereafter during the 5-year \n period beginning on the date of the enactment of this Act, the \n Secretary of Veterans Affairs shall submit to Congress a report on \n the following:\n (A) Timely access of veterans to hearing health services \n through the Department of Veterans Affairs.\n (B) Contracting policies of the Department with respect to \n providing hearing health services to veterans in facilities \n that are not facilities of the Department.\n (2) Timely access to services.--Each report shall, with respect \n to the matter specified in paragraph (1)(A) for the 1-year period \n preceding the submittal of such report, include the following:\n (A) The staffing levels of audiologists, hearing aid \n specialists, and health technicians in audiology in the \n Veterans Health Administration.\n (B) A description of the metrics used by the Secretary in \n measuring performance with respect to appointments and care \n relating to hearing health.\n (C) The average time that a veteran waits to receive an \n appointment, beginning on the date on which the veteran makes \n the request, for the following:\n (i) A disability rating evaluation for a hearing-\n related disability.\n (ii) A hearing aid evaluation.\n (iii) Dispensing of hearing aids.\n (iv) Any follow-up hearing health appointment.\n (D) The percentage of veterans whose total wait time for \n appointments described in subparagraph (C), including an \n initial and follow-up appointment, if applicable, is more than \n 30 days.\n (3) Contracting policies.--Each report shall, with respect to \n the matter specified in paragraph (1)(B) for the 1-year period \n preceding the submittal of such report, include the following:\n (A) The number of veterans that the Secretary refers to \n non-Department audiologists for hearing health care \n appointments.\n (B) The number of veterans that the Secretary refers to \n non-Department hearing aid specialists for follow-up \n appointments for a hearing aid evaluation, the dispensing of \n hearing aids, or any other purpose relating to hearing health.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on November 17, 2016. Veterans Mobility Safety Act of 2016 This bill directs the Department of Veterans Affairs (VA) to ensure that an eligible disabled veteran provided an automobile or other conveyance is given the opportunity to make personal selections relating to such conveyance. The VA shall develop a comprehensive policy regarding quality standards for providers of modification services to veterans under the automobile adaptive equipment program. Such policy shall cover: (1) management of the automobile adaptive equipment program, (2) development and application of safety and quality standards for equipment and installation, (3) provider certification by a third party organization or manufacturer, (4) manufacturer certification of a provider, (5) education and training of VA personnel, (6) provider compliance with the Americans with Disabilities Act of 1990, and (7) allowance for veterans to receive modifications at their residence or location of choice. The VA shall approve a manufacturer as a certifying manufacturer if such manufacturer demonstrates that its certification standards meet or exceed the quality standards provided for by this bill. The VA may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations. The VA shall: (1) within one year and at least every six years thereafter, update VHA Handbook 1173.4 in accordance with such policy. And (2) within one year of such update and biennially thereafter through 2022, report on policy implementation and facility compliance. The VA shall: (1) develop and revise such policy in consultation with veteran service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with relevant expertise. And (2) ensure against the use of a certifying entity that has a financial conflict of interest regarding the certification of an eligible provider. The VA may appoint licensed hearing aid specialists to the Veterans Health Administration. The VA shall ensure that: (1) a hearing aid specialist may only perform hearing services consistent with the specialist's state license related to the practice of fitting and dispensing hearing aids, without excluding other qualified professionals from rendering services in overlapping practice areas. (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist. And (3) VA medical facilities provide veterans with access to the full range of audiologist services. The VA shall, within one year and annually thereafter for the next five years, report on: (1) veterans access to such hearing health services. And (2) VA contracting policies for providing hearing health services to veterans in non-VA facilities, including the number of veterans referred to audiologists and hearing aid specialists.","title":"Veterans Mobility Safety Act of 2016","text_len":12026,"sum_len":3025} {"bill_id":"115_s645","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Measuring the Economic Impact of \nBroadband Act of 2018''.\n\nSEC. 2. ASSESSMENT AND ANALYSIS REGARDING THE EFFECT OF THE DIGITAL \n ECONOMY ON THE ECONOMY OF THE UNITED STATES.\n\n (a) Definitions.--In this section:\n (1) Appropriate committees of congress.--The term \n ``appropriate committees of Congress'' means--\n (A) the Committee on Commerce, Science, and \n Transportation of the Senate;\n (B) the Committee on Environment and Public Works \n of the Senate;\n (C) the Committee on Small Business and \n Entrepreneurship of the Senate;\n (D) the Committee on Energy and Commerce of the \n House of Representatives;\n (E) the Committee on Transportation and \n Infrastructure of the House of Representatives; and\n (F) the Committee on Small Business of the House of \n Representatives.\n (2) Assistant secretary.--The term ``Assistant Secretary'' \n means the Assistant Secretary of Commerce for Communications \n and Information.\n (3) Broadband.--The term ``broadband'' means an Internet \n Protocol-based transmission service that enables users to send \n and receive voice, video, data, or graphics, or a combination \n of those items.\n (4) Digital economy.--\n (A) In general.--Subject to subparagraph (B), the \n term ``digital economy'' has the meaning given the term \n by the Secretary in carrying out this section.\n (B) Considerations.--In establishing a definition \n for the term ``digital economy'' under subparagraph \n (A), the Secretary shall consider--\n (i) the digital-enabling infrastructure \n that a computer network needs to exist and \n operate; and\n (ii) the roles of e-commerce and digital \n media.\n (5) Digital media.--The term ``digital media'' means the \n content that participants in e-commerce create and access.\n (6) E-commerce.--The term ``e-commerce'' means the digital \n transactions that take place using the infrastructure described \n in paragraph (4)(B)(i).\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of Commerce.\n (b) Biennial Assessment and Analysis Required.--Not later than 2 \nyears after the date of enactment of this Act, and biennially \nthereafter, the Secretary, in consultation with the Director of the \nBureau of Economic Analysis of the Department of Commerce and the \nAssistant Secretary, shall conduct an assessment and analysis regarding \nthe contribution of the digital economy to the economy of the United \nStates.\n (c) Considerations and Consultation.--In conducting each assessment \nand analysis required under subsection (b), the Secretary shall--\n (1) consider the impact of--\n (A) the deployment and adoption of--\n (i) digital-enabling infrastructure; and\n (ii) broadband;\n (B) e-commerce and platform-enabled peer-to-peer \n commerce; and\n (C) the production and consumption of digital \n media, including free media; and\n (2) consult with--\n (A) the heads of any agencies and offices of the \n Federal Government as the Secretary considers \n appropriate, including the Secretary of Agriculture, \n the Commissioner of the Bureau of Labor Statistics, the \n Administrator of the Small Business Administration, and \n the Federal Communications Commission;\n (B) representatives of the business community, \n including rural and urban Internet service providers \n and telecommunications infrastructure providers;\n (C) representatives from State, local, and tribal \n government agencies; and\n (D) representatives from consumer and community \n organizations.\n (d) Report.--The Secretary shall submit to the appropriate \ncommittees of Congress a report regarding the findings of the Secretary \nwith respect to each assessment and analysis conducted under subsection \n(b).\n\n Passed the Senate December 13, 2018.\n\n Attest:\n\n Secretary.\n115th CONGRESS\n\n 2d Session\n\n S. 645\n\n_______________________________________________________________________\n\n AN ACT\n\n To require the Secretary of Commerce to conduct an assessment and \n analysis of the effects of broadband deployment and adoption on the \n economy of the United States, and for other purposes.","summary":"Measuring the Economic Impact of Broadband Act of 2018 This bill requires the Department of Commerce to assess, and submit a report regarding, the effects of the digital economy on the US economy. In conducting the assessment, Commerce must: (1) consider the impact of the deployment and adoption of digital-enabling infrastructure and broadband, e-commerce and platform-enabled peer-to-peer commerce, and the production and consumption of digital media. And (2) consult with other government agencies, businesses, rural and urban Internet service and telecommunications infrastructure providers, and consumer and community organizations.","title":"Measuring the Economic Impact of Broadband Act of 2017","text_len":5177,"sum_len":638} {"bill_id":"110_s2960","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Improvised Explosive Device \nPrevention and Preparedness Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Improvised explosive devices come in many forms, \n including--\n (A) radio controlled improvised explosive devices;\n (B) suicide improvised explosive devices;\n (C) suicide or homicide improvised explosive \n devices;\n (D) vehicle-borne improvised explosive devices;\n (E) waterborne improvised explosive devices; and\n (F) underwater improvised explosive devices.\n (2) The United States has suffered numerous improvised \n explosive device attacks in the past 25 years, including--\n (A) the 1983 United States embassy bombing in \n Beirut, Lebanon;\n (B) the 1983 United States Marine barracks bombing \n in Beirut, Lebanon;\n (C) the 1983 United States Senate bombing following \n the Grenada invasion;\n (D) the 1984 United States embassy annex bombing in \n Beirut, Lebanon;\n (E) the 1986 TWA Flight 840 bombing;\n (F) the 1986 LaBelle Discotheque bombing in Berlin, \n Germany;\n (G) the 1988 Pan Am Flight 103 bombing;\n (H) the 1993 World Trade Center bombing in New York \n City, New York;\n (I) the 1995 Alfred P. Murrah Federal Building \n bombing in Oklahoma City, Oklahoma;\n (J) the 1996 Khobar Towers bombing in Khobar, Saudi \n Arabia;\n (K) the 1996 Centennial Olympic Park bombing in \n Atlanta, Georgia;\n (L) the 1998 health clinic bombing in Birmingham, \n Alabama;\n (M) the 1998 United States embassy bombing in Dar \n es Salaam, Tanzania;\n (N) the 1998 United States embassy bombing in \n Nairobi, Kenya;\n (O) the 2000 USS Cole bombing in Aden, Yemen; and\n (P) the 2008 military recruiting office bombing in \n New York City, New York.\n (3) Improvised explosive devices are responsible for 60 \n percent of all United States combat casualties in Iraq and 50 \n percent of all United States combat casualties in Afghanistan.\n (4) The knowledge to assemble, arm, and detonate improvised \n explosive devices is highly importable due to advances in \n global communications networks.\n (5) The bomb squad, public safety dive team, explosive \n detection canine team, and special weapons and tactics team \n capabilities of the United States is inadequate for the \n domestic threat of an improvised explosive device attack.\n (6) Federal funding in support of bomb squad, public safety \n dive team, explosive detection canine team, and special weapons \n and tactics team capability development is inadequate and lacks \n sufficient strategic planning to properly equip, train, and \n prepare the Nation's emergency response providers.\n (7) Bomb squad, public safety dive teams, explosive \n detection canine teams, and special weapons and tactics teams \n operated by State and local governments are usually the first \n to respond to domestic bombing threats and best-positioned to \n discern funding shortfalls based on threats identified by \n Federal, State, and local government sources.\n\nSEC. 3. BOMBING PREVENTION.\n\n (a) In General.--Title V of the Homeland Security Act of 2002 (6 \nU.S.C. 311 et seq.) is amended by adding at the end the following:\n\n``SEC. 525. OFFICE FOR BOMBING PREVENTION.\n\n ``(a) Definition.--In this section, the term `IED first responder' \nmeans a bomb squad, explosive detection canine team, special weapons \nand tactics team, or public safety dive team operated by a State or \nlocal government.\n ``(b) Establishment.--There is established in the Agency an Office \nfor Bombing Prevention (in this section referred to as `the Office').\n ``(c) Responsibilities.--The Office shall have the primary \nresponsibility within the Department for enhancing the ability, and \ncoordinating the efforts, of the Nation to deter, detect, prevent, \nprotect against, intercept, and respond to terrorist improvised \nexplosive device attacks, including by--\n ``(1) coordinating national and intergovernmental bombing \n prevention activities;\n ``(2) chairing any improvised explosive device working \n group or task force established by the Department;\n ``(3) conducting requirements, capabilities, and gap \n analyses of equipment and training of Federal, State, and local \n governments to deter, prevent, detect, protect against, \n intercept, and assist in any response to terrorist explosive \n attacks by--\n ``(A) maintaining a national analysis database on \n the capabilities of IED first responders;\n ``(B) applying the analysis derived from the \n database described in subparagraph (A) in--\n ``(i) evaluating progress toward closing \n identified gaps relating to national strategic \n goals and standards; and\n ``(ii) providing to the Administrator an \n assessment of the needs of State and local \n governments for Federal funds to equip and \n train IED first responders; and\n ``(C) providing the analysis derived from the \n database described in subparagraph (A) to other \n components of the Department and other departments and \n agencies of the Federal Government to inform decisions \n relating to homeland security policy, assistance, \n training, research and development efforts, testing and \n evaluation, and related requirements;\n ``(4) serving as the primary conduit between Federal, \n State, and local governments for conducting assessments for, \n and making changes necessary to close gaps identified through, \n the database described in paragraph (3)(A);\n ``(5) assisting State and local officials in developing \n multijurisdictional bombing prevention plans and identifying \n and prioritizing equipment requirements;\n ``(6) operating and maintaining an information portal for \n IED first responders to share critical information and lessons \n learned;\n ``(7) promoting other information sharing and improvised \n explosive device prevention awareness programs;\n ``(8) serving as a liaison to the Joint Improvised \n Explosive Device Defeat Organization of the Department of \n Defense;\n ``(9) coordinating and consulting with the Senior Advisory \n Committee on Improvised Explosive Device Prevention and \n Response established under section 890A; and\n ``(10) assisting, in cooperation with the Administrator of \n the Transportation Security Administration, departments and \n agencies of Federal, State, or local government in developing \n and implementing national explosive detection canine training \n and certification standards.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n ``(1) $20,000,000 for fiscal year 2009;\n ``(2) $25,000,000 for each of fiscal years 2010 and 2011; \n and\n ``(3) such sums as are necessary for each fiscal year \n thereafter.''.\n (b) Transfer of Existing Function.--There are transferred to the \nOffice for Bombing Prevention established under section 525 of the \nHomeland Security Act, as added by this Act, all functions of the \nOffice for Bombing Prevention of the Office of Infrastructure \nProtection of the Department of Homeland Security as of the day before \nthe date of enactment of this Act, including its personnel, assets, \ncomponents, authorities, and liabilities.\n\nSEC. 4. SENIOR ADVISORY COMMITTEE.\n\n Subtitle H of title VIII of the Homeland Security Act of 2002 (6 \nU.S.C. 451 et seq.) is amended by adding at the end the following:\n\n``SEC. 890A. SENIOR ADVISORY COMMITTEE ON IMPROVISED EXPLOSIVE DEVICE \n PREVENTION AND RESPONSE.\n\n ``(a) In General.--The Secretary shall ensure that a subcommittee \nof the Homeland Security Advisory Council established under section \n871, or any successor thereto, is established that is responsible for \nimprovised explosive device prevention and response, to be know as the \n`Senior Advisory Committee on Improvised Explosive Device Prevention \nand Response'.\n ``(b) Responsibilities.--The Senior Advisory Committee on Bombing \nPrevention and Response shall--\n ``(1) provide policy guidance and recommendations to the \n Homeland Security Advisory Council, or any successor thereto, \n on all matters related to the preparedness of emergency \n response providers to respond to, detect, and defeat \n destructive devices;\n ``(2) develop best practices, training, and basic \n operational procedures to coordinate between, and integrate the \n responsibilities and functions of, bomb squads and special \n weapons and tactics teams;\n ``(3) promote interoperability and information sharing \n between the Federal Government and IED first responders, as \n that term is defined in section 525; and\n ``(4) meet annually to review applications for grants under \n the Bomb Prevention and Response Grant Program under section \n 526 and provide to the Administrator advice on the proposed \n allocation of such grants based on the gaps identified through \n the database described in section 525(c)(3)(A).\n ``(c) Membership.--The members of the Senior Advisory Committee on \nBombing Prevention and Response shall be selected in consultation \nwith--\n ``(1) the Attorney General of the United States;\n ``(2) the Commandant of the Coast Guard;\n ``(3) the Administrator of the Transportation Security \n Administration;\n ``(4) the Administrator of the Federal Transit \n Administration;\n ``(5) the Executive Director of the National Tactical \n Officers Association;\n ``(6) the Chair of the National Bomb Squad Commanders \n Advisory Board;\n ``(7) the Chair of the Board of the International \n Association of Bomb Technicians and Investigators;\n ``(8) the Chair of the Scientific Working Group on Dog and \n Orthogonal Detector Guidelines;\n ``(9) the Executive Director of the National Emergency \n Management Association;\n ``(10) the President of the National Sheriff's Association;\n ``(11) the President of the Fraternal Order of Police;\n ``(12) the Chair of the Executive Committee of the National \n Governors Association;\n ``(13) the President of the United States Conference of \n Mayors;\n ``(14) the Regional Administrator for each region of the \n Federal Emergency Management Agency; and\n ``(15) the head of the Office for Bombing Prevention \n established under section 525.''.\n\nSEC. 5. IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE GRANTS.\n\n Title V of the Homeland Security Act of 2002 (6 U.S.C. 315 et \nseq.), as amended by this Act, is amended by adding at the end the \nfollowing:\n\n``SEC. 526. FIRST RESPONDER IED PREVENTION AND RESPONSE GRANT PROGRAM.\n\n ``(a) Establishment.--There is established an First Responder IED \nPrevention and Response Grant Program, under which the Administrator \nmay make grants to State and local governments.\n ``(b) Application.--A State or local government desiring a grant \nunder this section shall submit an application at such time, in such \nmanner, and accompanied by such information as the Administrator shall \nestablish.\n ``(c) Use of Grant Amounts.--\n ``(1) In general.--A grant under this section may be used \n for equipment, training, and, subject to paragraph (2), salary \n and benefits for personnel of an IED first responder, as that \n term is defined in section 525.\n ``(2) Personnel.--Amounts provided under a grant under this \n section may be used for salary and benefits--\n ``(A) for an employee who--\n ``(i) is a veteran (as that term is defined \n in section 101(2) of title 38, United States \n Code) with experience relating to improvised \n explosive devices as a member of an explosive \n ordnance disposal or response team in Iraq or \n Afghanistan;\n ``(ii) is a graduate of a military \n education school for members of the Armed \n Forces for--\n ``(I) explosive ordnance disposal \n technicians; or\n ``(II) explosive detection canine \n handlers; or\n ``(iii) is a sworn law enforcement officer \n who is certified as a bomb technician by the \n Hazardous Devices School of the Federal Bureau \n of Investigation; and\n ``(B) for any employee described in subparagraph \n (A), for not more than a 3-year period.\n ``(d) Grant Awards.--The Administrator shall award grant under this \nsection based on the gaps identified through the database described in \nsection 525(c)(3)(A).\n ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n ``(1) $75,000,000 for fiscal year 2009;\n ``(2) $100,000,000 for fiscal year 2010;\n ``(3) $100,000,000 for fiscal year 2011;\n ``(4) $125,000,000 for fiscal year 2012; and\n ``(5) $125,000,000 for fiscal year 2013.''.\n\nSEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.\n\n The table of contents in section 1(b) of the Homeland Security Act \nof 2002 (6 U.S.C. 101 et seq.) is amended--\n (1) by inserting after the item relating to section 524 the \n following:\n\n``Sec. 525. Office for Bombing Prevention.\n``Sec. 526. First Responder IED Prevention and Response Grant \n Program.'';\n and\n (2) by inserting after the item relating to section 890 the \n following:\n\n``Sec. 890A. Senior Advisory Committee on Improvised Explosive Device \n Prevention and Response.''.\n\nSEC. 7. MARITIME TRANSPORTATION SECURITY.\n\n Section 70107(k)(3) of title 46, United States Code, is amended--\n (1) by striking subparagraph (A) and inserting the \n following:\n ``(A) identifies any modifications necessary in \n funding to ensure the correction of vulnerabilities and \n capability gaps identified by the Coast Guard and the \n dive team component of the database described in \n section 525(c)(3)(A) of the Homeland Security Act of \n 2002, to ensure compliance with Area Maritime \n Transportation Security Plans and facility security \n plans;'';\n (2) by redesignating subparagraphs (C) and (D) as \n subparagraphs (D) and (E), respectively; and\n (3) by inserting after subparagraph (B) the following:\n ``(C) includes an assessment of progress in \n completing assessments for the dive team component of \n the database described in section 525(c)(3)(A) of the \n Homeland Security Act of 2002, for all applicable \n ports;''.","summary":"National Improvised Explosive Device Prevention and Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, which shall have primary responsibility within the Department of Homeland Security (DHS) for enhancing the nation's ability, and coordinating its efforts, to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device (IED) attacks. Transfers to the Office all functions of the current Office for Bombing Prevention of DHS's Office of Infrastructure Protection. Directs the Secretary of DHS to ensure that a Homeland Security Advisory Council subcommittee, to be known as the Senior Advisory Committee on Improvised Explosive Device Prevention and Response, is established. Requires the Committee to: (1) provide policy guidance and recommendations, (2) develop best practices, training, and basic operational procedures. (3) promote interoperability and information sharing between the federal government and IED first responders. And (4) meet annually to review grant applications under the Bomb Prevention and Response Grant Program and provide advice on proposed grant allocations. Requires the Secretary's annual report on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans to include: (1) the identification of modifications necessary in funding to ensure the correction of capability gaps identified by the Coast Guard and the dive team component of the national analysis database on the capabilities of IED first responders. And (2) an assessment of progress in completing assessments for the dive team component for all applicable ports.","title":"A bill to amend the Homeland Security Act of 2002, to establish the Office for Bombing Prevention, to enhance the role of State and local bomb squads, public safety dive teams, explosive detection canine teams, and special weapons and tactics teams in national improvised explosive device prevention policy, to establish a grant program to provide for training, equipment, and staffing of State and local improvised explosive device prevention, and for other purposes.","text_len":16620,"sum_len":1812} {"bill_id":"108_hr4038","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Intelligence Education and \nTraining Act''.\n\nSEC. 2. ACADEMY FOR LAW ENFORCEMENT INTELLIGENCE.\n\n (a) Academy Required.--(1) The Attorney General shall maintain an \nacademy, to be known as the Academy for Law Enforcement Intelligence, \nfor the training of Federal, State, and local law enforcement officers \nand analysts in the analysis, dissemination, and management of \nintelligence.\n (2) The Attorney General shall carry out paragraph (1) in \nconsultation with the Secretary of Homeland Security, the Administrator \nof the Drug Enforcement Administration, the Director of the Federal \nBureau of Investigation, the Secretary of the Treasury, the Secretary \nof Defense, and the Director of Central Intelligence.\n (b) Curriculum.--The curriculum of the Academy shall include--\n (1) basic, intermediate, and advanced training in the \n collection, analysis, and dissemination of intelligence;\n (2) modular courses in collection, analysis, communications \n for intelligence, critical thinking, counter-terrorism, foreign \n language, criminal intelligence, studies in intelligence \n methodology, leadership and management, ethics and the law, \n narcotics, organized crime, white-collar crime, technology, and \n information security;\n (3) courses on the use and management of intelligence for \n law enforcement officers, supervisors, and executives; and\n (4) may include both in-person and distance-learning \n courses.\n (c) Location of Academy.--The Attorney General shall develop and \nadminister the academy curriculum utilizing the Justice Training Center \nfacilities located in Quantico, Virginia. Training shall be provided at \nthat facility and at any other locations that the Attorney General \nconsiders appropriate.\n (d) Advisory Board on Law Enforcement Intelligence.--\n (1) Establishment.--The Attorney General shall establish an \n advisory board to be known as the Advisory Board on Law \n Enforcement Intelligence (hereinafter in this subsection \n referred to as the ``Board''). The Attorney General shall, on a \n regular basis, consult with the Board with respect to matters \n within the duties of the Board.\n (2) Members.--The Attorney General shall appoint the \n members of the Board from among individuals from the fields of \n intelligence and law enforcement. The Attorney General shall \n ensure that the Board includes members from each of the \n following groups:\n (A) Officers, analysts, and agents who represent \n Federal, State, and local law enforcement agencies.\n (B) Officers, analysts, and agents who represent \n appropriate elements of the intelligence community.\n (C) Individuals recognized for exceptional \n expertise in academic studies on intelligence.\n (3) Terms.--The Attorney General shall determine the \n number, terms of service, and pay and allowances of members of \n the Board.\n (4) Duties.--The duty of the Board shall be to advise the \n Attorney General with respect to the following matters:\n (A) The overall operation of the Academy.\n (B) The quality of instruction and the content of \n curriculum of the Academy.\n (C) The appointment of staff and the hiring of \n contract instructors at the Academy.\n (D) The efforts of the Academy to promote the \n intelligence profession among undergraduate and \n graduate students in the United States.\n (5) Meetings.--The Board shall meet not less frequently \n than semi-annually.\n (6) Report.--(A) Not later than September 1, 2004, the \n Board shall submit to the Attorney General a report containing \n the recommendations of the Board with respect to establishing \n and maintaining the highest-quality intelligence personnel \n resources for Federal, State, and local law enforcement \n agencies. The report shall include recommendations with respect \n to existing intelligence training initiatives that represent \n all levels of law enforcement agencies and professional \n intelligence training associations and consortiums.\n (B) Not later than 30 days after the receipt of the report \n under subparagraph (A), the Attorney General shall transmit a \n copy of the report to Congress. In transmitting the report, the \n Attorney General may include the responses of the Attorney \n General to any or all of the recommendations contained in that \n report.\n (e) Authorization of Appropriations.--Amounts are authorized to be \nappropriated to carry out this section as follows:\n (1) $15,000,000 for fiscal year 2004.\n (2) $18,000,000 for fiscal year 2005.\n (3) $20,000,000 for fiscal year 2006.\n\nSEC. 3. PILOT PROGRAM ON TRAINING FOR LAW ENFORCEMENT INTELLIGENCE \n ANALYSTS.\n\n (a) Pilot Program Required.--(1) The Attorney General shall carry \nout a pilot program, to be known as the Law Enforcement Analyst \nTraining Assistance Program, to assess the feasibility and advisability \nof providing for the preparation of selected students for availability \nfor employment as intelligence analysts for the intelligence and \nintelligence-related activities of law enforcement agencies in the \nUnited States.\n (2) The Attorney General shall model the pilot program after the \nReserve Officers' Training Corps program of the Department of Defense.\n (b) Elements.--In carrying out the pilot program under subsection \n(a), the Attorney General shall establish and maintain one or more \ncadres of students who--\n (1) participate in such training as intelligence analysts \n as the Attorney General considers appropriate; and\n (2) upon completion of such training, are available for \n employment as intelligence analysts under such terms and \n conditions as the Attorney General considers appropriate.\n (c) Duration.--The Attorney General shall carry out the pilot \nprogram under subsection (a) during fiscal years 2004 through 2006.\n (d) Limitation on Number of Members During Fiscal Year 2004.--\nDuring fiscal year 2004, not more than 150 students may participate in \nthe pilot program under subsection (a).\n (e) Responsibility.--The Attorney General shall carry out the pilot \nprogram under subsection (a) through the Office of Intelligence of the \nFederal Bureau of Investigation.\n (f) Reports.--(1) Not later than 120 days after the date of the \nenactment of this Act, the Attorney General shall submit to Congress a \npreliminary report on the pilot program under subsection (a), including \na description of the pilot program and the authorities to be utilized \nin carrying out the pilot program.\n (2) Not later than one year after the commencement of the pilot \nprogram, the Attorney General shall submit to Congress a report on the \npilot program. The report shall include--\n (A) a description of the activities under the pilot \n program, including the number of students who participated in \n the pilot program and the training provided such students under \n the pilot program;\n (B) an assessment of the effectiveness of the pilot program \n in meeting the purpose of the pilot program; and\n (C) any recommendations for additional legislative or \n administrative action that the Attorney General considers \n appropriate in light of the pilot program.\n (g) Funding.--There are authorized to be appropriated to carry out \nthis section $4,000,000 for fiscal year 2004 and such amounts as may be \nnecessary for each of fiscal years 2005 and 2006.\n\nSEC. 4. USE OF COPS FUNDS FOR INTELLIGENCE OFFICER ACTIVITIES.\n\n Section 1701 of the Omnibus Crime Control and Safe Streets Act of \n1968 (42 U.S.C. 3796dd) is amended by adding at the end the following \nnew subsection:\n ``(l) Intelligence Officer Activities.--Not less than 25 percent of \nthe amounts made available to carry out this part shall be used only \nfor programs, projects, and other activities to--\n ``(1) increase, through hiring or redeployment, the number \n of State and local law enforcement officers or employees \n involved in activities that are focused on the development of \n intelligence for the purposes of countering terrorism, \n countering crime, or both;\n ``(2) provide specialized training to not more than 5 \n intelligence officers per grant recipient, to enhance the \n observational skills, intelligence-gathering skills, foreign \n language skills, and analytical skills, for the purposes \n referred to in paragraph (1);\n ``(3) improve coordination among Federal, State, and local \n law enforcement officers involved in activities referred to in \n paragraph (1); and\n ``(4) ensure that not less than 1 intelligence officer per \n grant recipient has a security clearance of not less than `top \n secret' level.''.","summary":"National Intelligence Education and Training Act - Directs the Attorney General to: (1) maintain an Academy for Law Enforcement Intelligence for training Federal, State, and local law enforcement officers and analysts in the analysis, dissemination, and management of intelligence. And (2) establish the Advisory Board on Law Enforcement Intelligence to advise the Attorney General regarding the Academy's operation, instruction and content of curriculum, appointment of staff and hiring of contract instructors, and efforts to promote the intelligence profession among undergraduate and graduate students. Directs the Attorney General to carry out a pilot program, known as the Law Enforcement Analyst Training Assistance Program, to assess providing for the preparation of selected students for employment as intelligence analysts for US law enforcement agencies. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct that not less than 25 percent of COPS program grant funds be made available for activities to: (1) increase the number of State and local law enforcement officers or employees involved in developing intelligence for countering terrorism, crime, or both. (2) provide specialized training to not more than five intelligence officers per grant recipient to enhance observational, intelligence-gathering, foreign language, and analytical skills, (3) improve Federal-State-local law enforcement coordination. And (4) ensure that not less than one intelligence officer per grant recipient has at least a top secret level security clearance.","title":"To provide training opportunities for Federal, State, and local law enforcement agencies in intelligence analysis and dissemination, and for other purposes.","text_len":9451,"sum_len":1572} {"bill_id":"112_hr113","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Angeles and San \nBernardino National Forests Protection Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel \n Wilderness Areas.\nSec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas.\nSec. 5. Protection of property rights and uses in additions to \n Cucamonga and Sheep Mountain Wilderness \n Areas.\nSec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel \n Wilderness Areas.\nSec. 7. Maintenance of Angeles and San Bernardino National Forests.\nSec. 8. Completion of wild and scenic rivers studies.\nSec. 9. Authorization of appropriations.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) California has experienced devastating wildfires that \n have caused mudslides, burned public and private lands, \n destroyed and damaged structures and homes, and taken the lives \n of residents and first responders.\n (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall, \n 47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, \n of the Los Angeles County Fire Department lost their lives \n while battling the Station Fire.\n (3) Coordination among Federal, State, and local agencies \n is essential to effectively respond to emergencies and prevent \n further loss of life from incidents in and around the Angeles \n and San Bernardino National Forests.\n (4) The Angeles and San Bernardino National Forests are \n among the most widely visited national forests in the Nation.\n (5) The Angeles and San Bernardino National Forests provide \n families with a variety of recreational opportunities, \n including hunting, fishing, biking, hiking, boating, swimming, \n off-highway vehicle use, skiing and snowboarding, horseback \n riding, camping, and picnicking.\n (6) The Angeles and San Bernardino National Forests account \n for approximately 70 percent of the open space and provide 35 \n percent of the drinking water in Los Angeles County, the most \n populous county in the Nation.\n (7) Several private land holdings and cabin communities are \n located within the Angeles and San Bernardino National Forests.\n (8) The Angeles and San Bernardino National Forests are \n also home to several rare and endangered plant and animal \n species.\n (9) Public safety, preserving recreational activities, and \n the protection of our natural resources must remain the top \n three priorities for these areas.\n\nSEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL \n WILDERNESS AREAS.\n\n (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as \notherwise provided in this Act, the Secretary of Agriculture shall \ncontinue to administer the Cucamonga and Sheep Mountain Wilderness \nAreas as provided in section 103 of the California Wilderness Act of \n1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the \nWilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to \nareas added to the Cucamonga or Sheep Mountain Wilderness Areas by an \namendment made by section 4, any reference in the Wilderness Act to the \neffective date of the Wilderness Act shall be deemed to be a reference \nto the date of the enactment of this Act.\n (b) San Gabriel Wilderness Area.--Except as otherwise provided in \nthis Act, the Secretary of Agriculture shall continue to administer the \nSan Gabriel Wilderness Area in accordance with section 3 of the Act \nentitled ``An Act to designate the San Gabriel Wilderness, Angeles \nNational Forest, in the State of California'', approved May 24, 1968 \n(Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the \nWilderness Act (16 U.S.C. 1131 et seq.).\n\nSEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.\n\n (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of \nthe California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. \n1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the \nfollowing: ``and which comprise approximately 18,983 acres, as \ngenerally depicted on a map entitled `Sheep Mountain and Cucamonga \nProposed Wilderness Addition' and dated July 13, 2010,''.\n (b) Expansion of Sheep Mountain Wilderness Area.--Section \n101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425; \n98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after \n``1984,'' the following: ``and which comprise approximately 53,889 \nacres, as generally depicted on a map entitled `Sheep Mountain and \nCucamonga Proposed Wilderness Addition' and dated July 13, 2010,''.\n (c) Maps and Legal Descriptions.--As soon as practicable after the \ndate of the enactment of this Act, the Secretary of Agriculture shall \nfile with the Committee on Energy and Natural Resources of the Senate \nand the Committee on Resources of the House of Representatives a copy \nof the map referred to in the amendments made by subsections (a) and \n(b) and legal descriptions of each wilderness area expanded by such \namendments. The map and legal descriptions shall have the same force \nand effect as if included in this Act. The map and legal descriptions \nshall be on file and available for public inspection in the appropriate \noffices of the Forest Service.\n\nSEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO \n CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.\n\n (a) Definition of Covered Wilderness Addition.--For purposes of \nthis section, the term ``covered wilderness addition'' means an area \nadded by the amendments in subsections (a) and (b) in subsection (4) \nto--\n (1) the Cucamonga Wilderness Area; or\n (2) the Sheep Mountain Wilderness Area.\n (b) No Effect on Valid Existing Rights.--No provision in this Act \nshall affect any valid existing rights, including the following rights:\n (1) The rights of owners of private property in a covered \n wilderness addition.\n (2) Water rights.\n (c) Hunting, Fishing, and Trapping.--Consistent with section \n4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this \nAct or the Wilderness Act shall be construed as affecting the \njurisdiction or responsibilities of the State of California with \nrespect to hunting, fishing, and trapping in a covered wilderness \naddition.\n (d) Wildlife and Fish Conservation Activities.--\n (1) In general.--Consistent with section 4(d)(7) of the \n Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act \n shall be construed as affecting the authority of the State of \n California to carry out activities for the conservation of \n wildlife and fish, including management activities to maintain \n or restore wildlife and fish populations and the habitats \n supporting such populations, in a covered wilderness addition.\n (2) Use of aircraft and other vehicles.--Consistent with \n the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of \n Agriculture may authorize in a covered wilderness addition, in \n the manner in which the Secretary has previously authorized \n such activities in the Cucamonga and Sheep Mountain Wilderness \n Areas--\n (A) the use of transportation and equipment \n including motor vehicles, motorized equipment or \n motorboats, aircraft, and other forms of mechanical \n transport to carry out activities described in \n paragraph (1); and\n (B) if the Secretary determines that the minimum \n tools necessary will be used, the infrequent and \n temporary landing of helicopters at unmodified sites \n for wildlife research or for the capture or \n translocation of species of wildlife including bighorn \n sheep.\n (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act \n(16 U.S.C. 1131 et seq.) shall interfere with drug interdiction \noperations in, around, or affecting a covered wilderness addition \n(including low-level overflights of such addition), or otherwise \nrestrict law enforcement access to a covered wilderness addition.\n (f) Military Activities.--Nothing in this Act or the Wilderness Act \n(16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of \nmilitary aircraft, the designation of new units of special airspace, or \nthe use or establishment of military flight training routes over a \ncovered wilderness addition.\n (g) Horses.--Nothing in this Act precludes horseback riding in, or \nthe entry of recreational or commercial saddle or pack stock into, a \ncovered wilderness addition in accordance with section 4(d)(5) of the \nWilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and \nconditions determined by the Secretary of Agriculture to be necessary.\n (h) Access for Persons With Disabilities.--The Secretary of \nAgriculture, in consultation with the public, shall consider options \nfor the design and construction of trails in the covered wilderness \nadditions that are suitable for use by persons with disabilities.\n (i) Access to Private Property.--In conformance with subsections \n(a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the \nSecretary of Agriculture shall provide any owner of private property \nwithin the boundary of a covered wilderness addition adequate access to \nthe property to ensure the reasonable use and enjoyment of the property \nby the owner.\n (j) Activities or Uses in Buffer Zones.--Congress does not intend \nthe inclusion of a covered wilderness addition in the Cucamonga or \nSheep Mountain Wilderness Areas to result in the creation of protective \nperimeters or buffer zones around such addition. The fact that \nnonwilderness activities or uses can be seen or heard from within a \ncovered wilderness addition shall not, of itself, preclude such \nactivities or uses up to the boundaries of such addition.\n\nSEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL \n WILDERNESS AREAS.\n\n (a) Authorized Measures for Control of Fire, Insects, and \nDiseases.--\n (1) In general.--The Secretary of Agriculture may take such \n measures in the Cucamonga, Sheep Mountain, and San Gabriel \n Wilderness Areas as are necessary for the control of fire, \n insects, and diseases (including the use of prescribed burning, \n priority treatments, or fuels reduction) in accordance with \n section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) \n and House Report 98-40 of the 98th Congress.\n (2) Use of mechanized equipment and other measures.--The \n inclusion of the Cucamonga, Sheep Mountain, and San Gabriel \n Wilderness Areas in the National Wilderness Preservation System \n shall not be construed to interfere with or prevent--\n (A) for purposes of wildfire prevention, the \n mechanical thinning of trees or underbrush in the \n wilderness areas; and\n (B) for purposes of responding to a wildfire that \n threatens a community, the use by the Secretary, the \n Forest Service, or a Federal Incident Commander of any \n modern method of fire suppression in the wilderness \n areas, including methods involving the use of \n mechanized heavy equipment, installation of fire breaks \n (including roads), and such other methods as are \n necessary to address the threat.\n (b) Revision and Development of Local Fire Management Plans.--As \nsoon as practicable after the date of the enactment of this Act, the \nSecretary of Agriculture shall amend the local fire management plans \nthat apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness \nAreas. In the local fire management plans, the Secretary shall identify \nthe following:\n (1) Best management practices (consistent with subsection \n (a)) for wildfire prevention, wildfire response, and watershed \n protection in the wilderness areas.\n (2) State and local officials to carry out the management \n practices described in paragraph (1).\n (c) Administration.--Not later than one year after the date of the \nenactment of this Act, to ensure a timely and efficient response to \nwildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness \nAreas, the Secretary shall carry out the following measures:\n (1) The Secretary shall establish agency approval \n procedures (including delegations of authority, as appropriate, \n to the Forest Supervisor, District Manager, Incident Commander, \n or other agency officials) for responding to wildfires.\n (2) The Secretary shall enter into agreements, as \n appropriate, with State and local firefighting agencies to \n carry out measures for wildfire prevention and response.\n (d) Funding Priorities.--Nothing in this Act limits funding for \nfire and fuels management in the Cucamonga, Sheep Mountain, and San \nGabriel Wilderness Areas.\n\nSEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS.\n\n (a) Assessment of Maintenance Backlog.--Not later than one year \nafter the date of the enactment of this Act, the Secretary of \nAgriculture shall assess the backlog in the Angeles and San Bernardino \nNational Forests in--\n (1) preventive wildfire management activities, including \n fuels reduction;\n (2) maintenance of recreational areas, including the upkeep \n of signage for recreational areas and trails; and\n (3) restoration of the levels of access to and availability \n of recreational facilities and trails to at least the levels \n that existed immediately before the Station Fire in August \n 2009.\n (b) Elimination of Maintenance Backlog.--As soon as practicable \nafter the Secretary of Agriculture has assessed the backlog under \nsubsection (a), the Secretary shall carry out measures to eliminate the \nbacklog assessed under subsection (a), focusing on the restoration \ndescribed in paragraph (3) of such subsection.\n\nSEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES.\n\n Not later than two years after the date of the enactment of this \nAct, the Secretary of Agriculture shall complete and submit to Congress \nthe studies, undertaken before the date of the enactment of this Act \nand uncompleted as of such date, regarding the potential addition of \nportions of the San Gabriel River (East, West, and North Forks), San \nAntonio Creek, and Middle Fork Lytle Creek in California to the \nnational wild and scenic rivers system instituted by the Wild and \nScenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include \ninformation about the effect of each proposed addition on the \nfollowing:\n (1) Valid existing rights of owners of property adjacent to \n such rivers, including owners of cabins on leased property, and \n their access to and use of such rivers, including their use of \n pump systems.\n (2) Other uses of such rivers, including the operation of \n dams.\n (3) Sediment management operations for reservoirs.\n (4) Valid existing water rights and easements in such \n rivers.\n (5) Use of and access to existing roadways, bridges, and \n trails, including the extent to which an existing roadway, \n bridge, or trail may be maintained or improved.\n (6) Construction of new roadways, bridges, and trails.\n (7) Implementation of future projects, including any delays \n that may be caused by environmental documentation required as a \n result of the addition.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nAgriculture such sums as may be necessary to carry out this Act.","summary":"Angeles and San Bernardino National Forests Protection Act - Incorporates specified proposed wilderness additions into the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests in California. Sets forth provisions regarding private property and water rights protections and permissible activities in such additions. Authorizes the Secretary of Agriculture to take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas that are necessary for the control of fire, insects, and diseases. Directs the Secretary to assess a specified maintenance backlog in the Angeles and San Bernardino National Forests. Requires completion of the studies regarding the potential addition of portions of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system.","title":"To provide for additions to the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests and the protection of existing property rights in such additions, to require the Secretary of Agriculture to take steps to prevent and prepare for wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas and address the backlog of maintenance in the Angeles and San Bernardino National Forests, and for other purposes.","text_len":16514,"sum_len":884} {"bill_id":"103_hr539","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Investment Tax Incentive Act of \n1993''.\n\nSEC. 2. DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE \n IN TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1992.\n\n (a) In General.--Section 168 of the Internal Revenue Code of 1986 \n(relating to accelerated cost recovery system) is amended by adding at \nthe end thereof the following new subsection:\n ``(j) Deduction Adjustment To Allow Equivalent of Expensing For \nCertain Property Placed in Service in Taxable Years Beginning After \nDecember 31, 1992.--\n ``(1) In general.--In the case of tangible property placed \n in service in a taxable year beginning after December 31, 1992, \n the deduction allowable under this section with respect to such \n property for any taxable year (after the taxable year during \n which the property is placed in service) shall be--\n ``(A) the amount so allowable for such taxable year \n without regard to this subsection, multiplied by\n ``(B) the applicable neutral cost recovery ratio \n for such taxable year.\n For purposes of subparagraph (A), paragraphs (1) and (2) of \n section 168(b) shall be applied by substituting `150 percent' \n for `200 percent'.\n ``(2) Applicable neutral cost recovery ratio.--For purposes \n of paragraph (1), the applicable neutral cost recovery ratio \n for any taxable year is the number determined by--\n ``(A) dividing--\n ``(i) the gross national product deflator \n for the calendar quarter ending in such taxable \n year which corresponds to the calendar quarter \n during which the property was placed in service \n by the taxpayer, by\n ``(ii) the gross national product deflator \n for the calendar quarter during which the \n property was placed in service by the taxpayer, \n and\n ``(B) then multiplying the number determined under \n subparagraph (A) by the number equal to 1.035 to the \n nth power where `n' is the number of full years in the \n period beginning on the 1st day of the calendar quarter \n during which the property was placed in service by the \n taxpayer and ending on the day before the beginning of \n the corresponding calendar quarter ending during such \n taxable year.\n The applicable neutral cost recovery ratio shall not be taken \n into account unless it is greater than 1. The applicable \n neutral cost recovery ratio shall be rounded to the nearest \n one-tenth of 1 percent.\n ``(3) Gross national product deflator.--For purposes of \n paragraph (2), the gross national product deflator for any \n calendar quarter is the implicit price deflator for the gross \n national product for such quarter (as shown in the first \n revision thereof).\n ``(4) Election not to have subsection apply.--This \n subsection shall not apply to any property if the taxpayer \n elects not to have this subsection apply to such property. Such \n an election, once made, shall be irrevocable.''\n (b) Minimum Tax Treatment.--Paragraph (1) of section 56(a) of such \nCode is amended by adding at the end thereof the following new \nsubparagraph:\n ``(E) Use of Neutral Cost Recovery Ratio.--In the \n case of tangible property placed in service in a \n taxable year beginning after December 31, 1992, the \n deduction allowable under this paragraph with respect \n to such property for any taxable year (after the \n taxable year during which the property is placed in \n service) shall be--\n ``(i) the amount so allowable for such \n taxable year without regard to this \n subparagraph, multiplied by\n ``(ii) the applicable neutral cost recovery \n ratio for such taxable year (as determined \n under section 168(j)).\n This subparagraph shall not apply to any property with \n respect to which there is an election in effect not to \n have section 168(j) apply.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1992.\n\nSEC. 3. REPEAL OF SPECIAL DEPRECIATION RULES APPLICABLE UNDER THE \n ADJUSTED CURRENT EARNINGS PROVISIONS OF THE MINIMUM TAX.\n\n (a) In General.--Subparagraph (A) of section 56(g)(4) of the \nInternal Revenue Code of 1986 (relating to adjustments) is amended to \nread as follows:\n ``(A) Depreciation.--\n ``(i) In general.--The depreciation \n deduction with respect to any property for any \n taxable year beginning after December 31, 1992, \n shall be the same as the depreciation deduction \n allowable in computing alternative minimum \n taxable income for such taxable year.\n ``(ii) Basis rules.--Notwithstanding \n subparagraph (I), the adjusted basis of any \n depreciable property held by the taxpayer as of \n the beginning of the taxpayer's first taxable \n year beginning after December 31, 1992, shall \n be determined as if the provisions of clause \n (i) had also applied to taxable years beginning \n in 1990, 1991, or 1992.\n ``(iii) Lost basis recovered over 5 \n years.--The amount determined under clause (iv) \n shall be allowed as a deduction ratably over \n the 60-month period beginning with the first \n month of the taxpayer's first taxable year \n beginning after December 31, 1992.\n ``(iv) Amount of lost basis.--The amount \n determined under this clause is the excess of--\n ``(I) the aggregate adjusted bases \n of depreciable property held by the \n taxpayer as of the beginning of the \n taxpayer's first taxable year beginning \n after December 31, 1992, which would \n have been determined (as of such time) \n under subparagraph (I) without regard \n to clause (ii), over\n ``(II) the aggregate adjusted bases \n of such property (as of such time) as \n determined under the rules of clause \n (ii).''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to taxable years beginning after December 31, 1992.","summary":"Investment Tax Incentive Act of 1993 - Amends the Internal Revenue Code to allow the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1992. Repeals the special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax.","title":"Investment Tax Incentive Act of 1993","text_len":7543,"sum_len":329} {"bill_id":"111_s656","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Liberian Refugee Immigration \nFairness Act of 2009''.\n\nSEC. 2. ADJUSTMENT OF STATUS.\n\n (a) Adjustment of Status.--\n (1) In general.--\n (A) Eligibility.--Except as provided under \n subparagraph (B), the Secretary of Homeland Security \n shall adjust the status of an alien described in \n subsection (b) to that of an alien lawfully admitted \n for permanent residence, if the alien--\n (i) applies for adjustment before April 1, \n 2011; and\n (ii) is otherwise eligible to receive an \n immigrant visa and admissible to the United \n States for permanent residence, except that, in \n determining such admissibility, the grounds for \n inadmissibility specified in paragraphs (4), \n (5), (6)(A), and (7)(A) of section 212(a) of \n the Immigration and Nationality Act (8 U.S.C. \n 1182(a)) shall not apply.\n (B) Ineligible aliens.--An alien shall not be \n eligible for adjustment of status under this section if \n the Secretary of Homeland Security determines that the \n alien has been convicted of--\n (i) any aggravated felony (as defined in \n section 101(a)(43) of the Immigration and \n Nationality Act (8 U.S.C. 1101(a)(43)); or\n (ii) 2 or more crimes involving moral \n turpitude.\n (2) Relationship of application to certain orders.--\n (A) In general.--An alien present in the United \n States who has been subject to an order of exclusion, \n deportation, or removal, or has been ordered to depart \n voluntarily from the United States under any provision \n of the Immigration and Nationality Act may, \n notwithstanding such order, apply for adjustment of \n status under paragraph (1) if otherwise qualified under \n such paragraph.\n (B) Separate motion not required.--An alien \n described in subparagraph (A) may not be required, as a \n condition of submitting or granting such application, \n to file a separate motion to reopen, reconsider, or \n vacate the order described in subparagraph (A).\n (C) Effect of decision by secretary.--If the \n Secretary of Homeland Security grants an application \n under paragraph (1), the Secretary shall cancel the \n order described in subparagraph (A). If the Secretary \n of Homeland Security makes a final decision to deny the \n application, the order shall be effective and \n enforceable to the same extent as if the application \n had not been made.\n (b) Aliens Eligible for Adjustment of Status.--\n (1) In general.--The benefits provided under subsection (a) \n shall apply to any alien--\n (A) who is--\n (i) a national of Liberia; and\n (ii) has been continuously present in the \n United States from January 1, 2009, through the \n date of application under subsection (a); or\n (B) who is the spouse, child, or unmarried son or \n daughter of an alien described in subparagraph (A).\n (2) Determination of continuous physical presence.--For \n purposes of establishing the period of continuous physical \n presence referred to in paragraph (1), an alien shall not be \n considered to have failed to maintain continuous physical \n presence by reasons of an absence, or absences, from the United \n States for any period or periods amounting in the aggregate to \n not more than 180 days.\n (c) Stay of Removal.--\n (1) In general.--The Secretary of Homeland Security shall \n provide by regulation for an alien who is subject to a final \n order of deportation or removal or exclusion to seek a stay of \n such order based on the filing of an application under \n subsection (a).\n (2) During certain proceedings.--Notwithstanding any \n provision in the Immigration and Nationality Act, the Secretary \n of Homeland Security shall not order an alien to be removed \n from the United States if the alien is in exclusion, \n deportation, or removal proceedings under any provision of such \n Act and has applied for adjustment of status under subsection \n (a), except where the Secretary of Homeland Security has made a \n final determination to deny the application.\n (3) Work authorization.--\n (A) In general.--The Secretary of Homeland Security \n may--\n (i) authorize an alien who has applied for \n adjustment of status under subsection (a) to \n engage in employment in the United States \n during the pendency of such application; and\n (ii) provide the alien with an ``employment \n authorized'' endorsement or other appropriate \n document signifying authorization of \n employment.\n (B) Pending applications.--If an application for \n adjustment of status under subsection (a) is pending \n for a period exceeding 180 days and has not been \n denied, the Secretary of Homeland Security shall \n authorize such employment.\n (d) Record of Permanent Residence.--Upon the approval of an alien's \napplication for adjustment of status under subsection (a), the \nSecretary of Homeland Security shall establish a record of the alien's \nadmission for permanent record as of the date of the alien's arrival in \nthe United States.\n (e) Availability of Administrative Review.--The Secretary of \nHomeland Security shall provide to applicants for adjustment of status \nunder subsection (a) the same right to, and procedures for, \nadministrative review as are provided to--\n (1) applicants for adjustment of status under section 245 \n of the Immigration and Nationality Act (8 U.S.C. 1255); and\n (2) aliens subject to removal proceedings under section 240 \n of such Act (8 U.S.C. 1229a).\n (f) Limitation on Judicial Review.--A determination by the \nSecretary of Homeland Security regarding the adjustment of status of \nany alien under this section is final and shall not be subject to \nreview by any court.\n (g) No Offset in Number of Visas Available.--If an alien is granted \nthe status of having been lawfully admitted for permanent residence \npursuant to this section, the Secretary of State shall not be required \nto reduce the number of immigrant visas authorized to be issued under \nany provision of the Immigration and Nationality Act (8 U.S.C. 1101 et \nseq.).\n (h) Application of Immigration and Nationality Act Provisions.--\n (1) Definitions.--Except as otherwise specifically provided \n in this Act, the definitions contained in the Immigration and \n Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this \n section.\n (2) Savings provision.--Nothing in this Act may be \n construed to repeal, amend, alter, modify, effect, or restrict \n the powers, duties, function, or authority of the Secretary of \n Homeland Security in the administration and enforcement of the \n Immigration and Nationality Act or any other law relating to \n immigration, nationality, or naturalization.\n (3) Effect of eligibility for adjustment of status.--\n Eligibility to be granted the status of having been lawfully \n admitted for permanent residence under this section shall not \n preclude an alien from seeking any status under any other \n provision of law for which the alien may otherwise be eligible.","summary":"Liberian Refugee Immigration Fairness Act of 2009 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States from January 1, 2009, through the date of status adjustment application. Or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed before April 1, 2011.","title":"A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.","text_len":8510,"sum_len":395} {"bill_id":"108_hr3425","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Domestic Violence Prevention, \nEducation, and Awareness Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Nearly one-third of American women report being \n physically or sexually abused by a husband or boyfriend at some \n point in their lives.\n (2) Family violence costs the nation between $5,000,000,000 \n and $10,000,000,000 each year in medical expenses, police and \n court costs, shelters and foster care, sick leave, absenteeism, \n and nonproductivity.\n (3) The United States is becoming increasingly \n multicultural, and racial and ethnic minorities are expected to \n constitute approximately 50 percent of the United States \n population by 2050.\n (4) Two-thirds of female immigrants to the United States \n originate from Asia, Latin America, the Caribbean, and the \n Middle East, and they migrate here to seek economic security, \n reunify their families, or escape prosecution.\n (5) Racial and ethnic minority women and immigrant women \n face unique challenges to reporting and getting help for \n domestic violence.\n (6) Structural inequalities experienced by racial and \n ethnic minority communities and immigrant communities, \n including poverty and discrimination, may contribute to higher \n rates of violence.\n (7) Problems of domestic violence are exacerbated for \n immigrants when spouses control the immigration status of their \n family members, and abusers use threats of refusal to file \n immigration papers and threats to deport spouses and children \n as powerful tools to prevent battered immigrant women from \n seeking help, trapping battered immigrant women in violent \n homes because of fear of deportation.\n (8) Many racial and ethnic minority women and immigrant \n women face cultural barriers to reporting abuse or seeking help \n for domestic violence, including but not limited to strong \n religious beliefs that stress the importance of keeping family \n intact, fear of dishonor, or a belief that negative events \n occur regardless of attempts to prevent them.\n (9) Many racial and ethnic minority women and immigrant \n women also face institutional barriers to reporting abuse or \n seeking help for domestic violence, including but not limited \n to restrictions on public assistance, limited access to \n immigration relief, lack of translators or bilingual \n professionals, little educational material in the woman's \n native language, treatment programs that do not take into \n account ethnic and cultural differences, prohibitive fee \n structures, and inflexible or inconvenient hours of operation.\n\nSEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND \n ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES \n ABOUT DOMESTIC VIOLENCE.\n\n (a) In General.--From amounts made available to carry out this \nsection, the Attorney General, acting through the Violence Against \nWomen Office, shall make grants to public or private nonprofit \nentities, States, and Indian tribes and tribal organizations to carry \nout public information campaigns for the purpose of educating racial \nand ethnic minority communities and immigrant communities about \ndomestic violence, including the effects of domestic violence, methods \nof preventing or reducing domestic violence, and services available to \nvictims of domestic violence.\n (b) Use of Grant Amounts.--Grant amounts under this section may be \nused only to carry out public information campaigns for the purpose \nspecified in subsection (a) and to provide staffing appropriate to \ncarrying out the campaigns.\n (c) Elements of Campaigns.--Each public information campaign \ncarried out under this section shall consist of one or more of the \nfollowing elements:\n (1) Public service announcements.\n (2) Paid educational messages for print media.\n (3) Public transit advertising.\n (4) Electronic broadcast media.\n (5) Any other mode of conveying information that the \n Attorney General determines to be appropriate.\n (d) Requirements for Grant.--The Attorney General may award a grant \nunder this section to an applicant only if the Attorney General \ndetermines that--\n (1) the campaign will be carried out in consultation with \n local domestic violence advocates or State domestic violence \n coalitions;\n (2) the campaign is designed to be conducted in a \n culturally sensitive manner using one or more culturally \n appropriate languages;\n (3) the applicant has an adequate plan to test-market the \n campaign with a relevant community or group in the relevant \n geographic area, and will carry out that plan; and\n (4) the applicant will use effectiveness criteria in \n carrying out the campaign and an evaluation component to \n measure the effectiveness of the campaign.\n (e) Award Criteria.--In awarding grants under this section, the \nAttorney General shall consider the following criteria:\n (1) Whether the applicant has, or will be partnering with \n an entity that has, a record of high quality campaigns of a \n comparable type.\n (2) Whether the applicant has, or will be partnering with \n an entity that has, a record of high quality campaigns that \n educate the communities and groups at greatest risk of domestic \n violence.\n (f) Application.--\n (1) In general.--To be eligible to receive a grant under \n this section, a State or entity must submit to the Attorney \n General an application that meets the requirements of paragraph \n (2).\n (2) Requirements.--An application submitted under this \n subsection shall be in such form, and submitted in such manner, \n as the Attorney General may prescribe, and shall include the \n following matters:\n (A) A complete description of applicant's plan for \n the proposed public information campaign.\n (B) An identification of the specific communities \n and groups to be educated by the campaign, and a \n description of how the campaign will educate the \n communities and groups at greatest risk of domestic \n violence.\n (C) The plans of the applicant with respect to \n working with organizations that have expertise in \n developing culturally appropriate informational \n messages.\n (D) A description of the geographic distribution of \n the campaign.\n (E) An identification of the media organizations \n and other groups through which the campaign will be \n carried out and any memorandum of understanding or \n other agreement under which the campaign will be \n carried out.\n (F) A description of the nature, amount, \n distribution, and timing of informational messages to \n be used in the campaign.\n (G) Such information and assurances as the Attorney \n General may require to determine whether the \n requirements specified in subsection (d) will be \n satisfied, and whether the criteria specified in \n subsection (e) apply.\n (H) Such other information and assurances as the \n Attorney General may require.\n (g) Definition.--For purposes of this section, the term ``State'' \nincludes the District of Columbia, the Commonwealth of Puerto Rico, the \nVirgin Islands, American Samoa, Guam, and any other territory or \npossession of the United States.\n (h) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this Act.","summary":"Domestic Violence Prevention, Education, and Awareness Act - Requires the Attorney General, acting through the Violence Against Women Office, to make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence, including its effects, methods of preventing or reducing it, and available services to such victims.","title":"To provide grants for public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence.","text_len":8316,"sum_len":492} {"bill_id":"109_hr5652","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``African Development Foundation Act \nof 2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The African Development Foundation is uniquely \n promoting sustainable community-based solutions to economic and \n social development and is effectively supporting the \n development of African-owned small enterprises as engines of \n growth and sources of income and employment for the poor.\n (2) The African Development Foundation's programs advance \n United States interests in Africa and are in high demand across \n the continent, as evidenced by $20 million in host country \n contributions.\n (3) The Office of Management and Budget has determined the \n African Development Foundation to be a fully effective agency \n after assessing its program performance.\n (4) The African Development Foundation is the only United \n States Government agency working directly at the grassroots \n level, supporting African-designed and African-driven solutions \n to economic and social problems. The African Development \n Foundation enables individuals and groups to get out of poverty \n by putting their own ideas to work, instead of someone else's.\n (5) In 2005, African Development Foundation investments \n across Africa created more than 110,000 jobs for poor Africans \n and generated $70 million in gross revenues for enterprises. \n Almost 65 percent of micro and small entrepreneurs assisted by \n the African Development Foundation were women.\n (6) African Development Foundation-assisted groups had $35 \n million in export sales in 2005. For example, in Tanzania, the \n African Development Foundation is helping several thousand \n small sugar cane producers improve their income. Mtibwa Sugar \n has increased its gross export revenues by 423 percent over the \n past three years, from US$1.188 million during fiscal year 2002 \n to US$5.034 million in fiscal year 2005. In the Ruembe \n Outgrowers Association, sugar cane yields per hectare are up 30 \n percent and cumulative export sales stand at US$4.7 million. \n The number of participating cane farmers has increased by 50 \n percent since project inception and the income of the 1440 \n growers has almost doubled as a consequence of investment by \n the African Development Foundation.\n (7) The African Development Foundation is supporting \n African solutions to prevent HIV\/AIDS and to reduce its impact \n on families and communities. For example, in Swaziland, where \n almost 40 percent of adults are infected with the AIDS virus, \n the African Development Foundation is improving nutrition and \n providing income-generating opportunities for widows and \n orphans by helping them produce and market vegetables, in \n Ghana, the African Development Foundation funded the training \n of almost 1500 youth who conducted peer counseling on HIV\/AIDS \n to more than 200,000 young people, in Plateau State, Nigeria, \n the African Development Foundation funded a pilot program to \n adapt and extend a faith-based life skills training program in \n the public secondary schools in which approximately 500 \n teachers were trained in the new curriculum and more than \n 25,000 students received year-long training, and in Tanzania, \n the African Development Foundation has experimented with \n supporting schemes that extend micro-credit to people living \n with HIV\/AIDS, enabling them to start informal businesses and \n undertake income-generating activities.\n (8) The work of the African Development Foundation is a \n powerful example of the goodwill of the American people, and it \n is one of the most effective foreign assistance programs of the \n United States.\n\nSEC. 3. AMENDMENTS TO AFRICAN DEVELOPMENT FOUNDATION ACT.\n\n (a) Redesignation.--\n (1) In general.--Section 503(a) of the African Development \n Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is \n amended by striking ```African Development Foundation''' and \n inserting ```United States African Development Foundation'''.\n (2) Reference.--Any reference to the African Development \n Foundation in any law, rule, regulation, certificate, \n directive, instruction, or other official paper in force on the \n date of the enactment of this Act shall be deemed to be a \n reference to the United States African Development Foundation.\n (b) Funding for Grants and Loans.--\n (1) Limitation.--Subsection (a) of section 505 of such Act \n (22 U.S.C. 290h-3) is amended--\n (A) in paragraph (1), by inserting ``(including \n small enterprises, producer associations, and \n cooperatives)'' after ``entity''; and\n (B) in paragraph (2)--\n (i) by striking ``The total'' and inserting \n ``Except as provided in this paragraph, the \n total'';\n (ii) by striking ``$250,000'' and inserting \n ``$400,000''; and\n (iii) by adding at the end the following \n new sentence: ``The funding limitation \n specified in this paragraph may be exceeded \n only in exceptional circumstances upon approval \n of the Board of the Directors and notification \n to Congress.''.\n (2) Use of funds.--Subsection (b) of such section is \n amended, in the second sentence, by inserting before the period \n at the end the following: ``, including supporting projects \n which benefit the poor''.\n (3) Recipients.--Such section is amended by adding at the \n end the following new subsection:\n ``(c) To be eligible to receive grant, loan, or loan guarantee \nunder this section, a small enterprise referred to in subsection (a) \nshall satisfy the following requirements:\n ``(1) Ownership is predominantly vested in one or more \n individuals who are indigenous to Africa and who are \n representative and knowledgeable of, and with a track record of \n responding to, the needs and aspirations of the poor.\n ``(2) Management and daily business operations of the \n entity are controlled by one or more individuals who are \n indigenous to Africa.''.\n (c) Powers of the Foundation.--Section 506(a)(5) of such Act (22 \nU.S.C. 290h-4(a)) is amended by inserting ``including providing \ntechnical assistance to eligible recipients described in section \n505(a)(1),'' after ``situated,''.\n (d) Basic Pay and Hiring Authorities.--Subsection (d) of section \n507 of such Act (22 U.S.C. 290h-5) is amended--\n (1) in paragraph (1), in the second sentence, by striking \n ``level IV of the Executive Schedule under section 5315 of \n title 5'' and inserting ``level II of the Executive Schedule \n under section 5313 of title 5, United States Code'';\n (2) in paragraph (2), by adding at the end the following \n new sentence: ``Such experts and consultants may be employed \n without regard to section 5373 of such title.''; and\n (3) by adding at the end the following new paragraph:\n ``(3) Of the individuals employed by the Foundation, not to \n exceed four such individuals may be appointed, compensated, or \n removed without regard to the civil service laws and \n regulations. No individual appointed may receive a rate of pay \n that exceeds the rate for senior level positions under section \n 5376 of title 5, United States Code. An employee of an agency \n serving in a career, career conditional, or non-temporary \n excepted service position who is appointed by the Foundation \n shall be entitled, on termination of such appointment for any \n reason other than for the misconduct or delinquence of such \n employee, to be reinstated in such employee's former position \n or a position of similar seniority and pay in the same \n agency.''.","summary":"African Development Foundation Act of 2006 - Amends the the African Development Foundation Act to redesignate the African Development Foundation as the United States African Development Foundation. Specifies that small enterprises, producer associations, and cooperatives are eligible for Foundation assistance grants, loans, and loan guarantee assistance. Increases the project assistance ceiling and permits such amount to be exceeded in exceptional circumstances upon Board of Directors approval and congressional notification. Requires a small enterprise to have its ownership and management and daily business operations vested in one or more individuals who are indigenous to Africa in order to qualify for Foundation assistance. Authorizes the Foundation to provide eligible recipients with technical assistance. Revises specified salary and hiring provisions.","title":"To amend the African Development Foundation Act to redesignate the name of the Foundation, to increase funding for the mission of the Foundation, and to increase the powers of the Foundation.","text_len":8584,"sum_len":867} {"bill_id":"112_s1733","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Commission on the Review of the \nOverseas Military Facility Structure of the United States Act of \n2011''.\n\nSEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF \n THE UNITED STATES.\n\n (a) In General.--\n (1) Establishment.--There is established the Commission on \n the Review of the Overseas Military Facility Structure of the \n United States (in this section referred to as the \n ``Commission'').\n (2) Composition.--\n (A) In general.--The Commission shall be composed \n of eight members of whom--\n (i) two shall be appointed by the majority \n leader of the Senate;\n (ii) two shall be appointed by the minority \n leader of the Senate;\n (iii) two shall be appointed by the Speaker \n of the House of Representatives; and\n (iv) two shall be appointed by the minority \n leader of the House of Representatives.\n (B) Qualifications.--Individuals appointed to the \n Commission shall have significant experience in the \n national security or foreign policy of the United \n States.\n (C) Deadline for appointment.--Appointments of the \n members of the Commission shall be made not later than \n 45 days after the date of the enactment of this Act.\n (D) Chairman and vice chairman.--The Commission \n shall select a Chairman and Vice Chairman from among it \n members.\n (3) Tenure; vacancies.--Members shall be appointed for the \n life of the Commission. Any vacancy in the Commission shall not \n affect its powers, but shall be filled in the same manner as \n the original appointment.\n (4) Meetings.--\n (A) Initial meeting.--Not later than 30 days after \n the date on which all members of the Commission have \n been appointed, the Commission shall hold its first \n meeting.\n (B) Calling of the chairman.--The Commission shall \n meet at the call of the Chairman.\n (C) Quorum.--A majority of the members of the \n Commission shall constitute a quorum, but a lesser \n number of members may hold hearings.\n (b) Duties.--\n (1) Study of overseas military facility structure.--\n (A) In general.--The Commission shall conduct a \n thorough study of matters relating to the military \n facility structure of the United States overseas.\n (B) Scope.--In conducting the study, the Commission \n shall--\n (i) assess the number of forces required to \n be forward based outside the United States;\n (ii) examine the current state of the \n military facilities and training ranges of the \n United States overseas for all permanent \n stations and deployed locations, including the \n condition of land and improvements at such \n facilities and ranges and the availability of \n additional land, if required, for such \n facilities and ranges;\n (iii) identify the amounts received by the \n United States, whether in direct payments, in-\n kind contributions, or otherwise, from foreign \n countries by reason of military facilities of \n the United States overseas;\n (iv) assess the feasibility and \n advisability of the closure or realignment of \n military facilities of the United States \n overseas, or of the establishment of new \n military facilities of the United States \n overseas;\n (v) consider the findings of the February \n 2011 Government Accountability Office report, \n ``Additional Cost Information and Stakeholder \n Input Necessary to Assess Military Posture in \n Europe'', GAO-11-131; and\n (vi) consider or assess any other issue \n relating to military facilities of the United \n States overseas that the Commission considers \n appropriate.\n (2) Report.--\n (A) In general.--Not later than 60 days after \n holding its final public hearing, the Commission shall \n submit to the President and Congress a report which \n shall contain a detailed statement of the findings and \n conclusions of the Commission, together with its \n recommendations for such legislation and administrative \n actions as it considers appropriate.\n (B) Proposed overseas basing strategy.--In addition \n to the matters specified in subparagraph (A), the \n report shall also include a proposal by the Commission \n for an overseas basing strategy for the Department of \n Defense in order to meet the current and future mission \n of the Department, taking into account heightened \n fiscal constraints.\n (C) Focus on particular issues.--The report shall \n focus on current and future geopolitical posturing, \n operational requirements, mobility, quality of life, \n cost, and synchronization with the combatant commands.\n (c) Powers.--\n (1) Hearings.--The Commission may hold such hearings, sit \n and act at such times and places, take such testimony, and \n receive such evidence as the Commission considers advisable to \n carry out this section.\n (2) Information sharing.--The Commission may secure \n directly from any Federal department or agency such information \n as the Commission considers necessary to carry out this \n section. Upon request of the Chairman of the Commission, the \n head of such department or agency shall furnish such \n information to the Commission.\n (3) Administrative support.--Upon request of the \n Commission, the Administrator of General Services shall provide \n to the Commission, on a reimbursable basis, the administrative \n support necessary for the Commission to carry out its duties \n under this section.\n (4) Mails.--The Commission may use the United States mails \n in the same manner and under the same conditions as other \n departments and agencies of the Federal Government.\n (5) Gifts.--The Commission may accept, use, and dispose of \n gifts or donations of services or property.\n (d) Personnel Matters.--\n (1) Compensation of members.--Each member of the Commission \n who is not an officer or employee of the Federal Government \n shall be compensated at a rate equal to the daily equivalent of \n the annual rate of basic pay prescribed for level IV of the \n Executive Schedule under section 5315 of title 5, United States \n Code, for each day (including travel time) during which such \n member is engaged in the performance of the duties of the \n Commission under this section. All members of the Commission \n who are officers or employees of the United States shall serve \n without compensation in addition to that received for their \n services as officers or employees of the United States.\n (2) Travel.--\n (A) Expenses.--Members of the Commission shall be \n allowed travel expenses, including per diem in lieu of \n subsistence, at rates authorized for employees of \n agencies under subchapter I of chapter 57 of title 5, \n United States Code, while away from their homes or \n regular places of business in the performance of \n services for the Commission under this section.\n (B) Military aircraft.--Members and staff of the \n Commission may receive transportation on military \n aircraft to and from the United States, and overseas, \n for purposes of the performance of the duties of the \n Commission to the extent that such transportation will \n not interfere with the requirements of military \n operations.\n (3) Staffing.--\n (A) Executive director.--The Chairman of the \n Commission may, without regard to the civil service \n laws and regulations, appoint and terminate an \n executive director and such other additional personnel \n as may be necessary to enable the Commission to perform \n its duties under this section. The employment of an \n executive director shall be subject to confirmation by \n the Commission.\n (B) Staff.--The Commission may employ a staff to \n assist the Commission in carrying out its duties. The \n total number of the staff of the Commission, including \n an executive director under subparagraph (A), may not \n exceed 12.\n (C) Compensation.--The Chairman of the Commission \n may fix the compensation of the executive director and \n other personnel without regard to chapter 51 and \n subchapter III of chapter 53 of title 5, United States \n Code, relating to classification of positions and \n General Schedule pay rates, except that the rate of pay \n for the executive director and other personnel may not \n exceed the rate payable for level V of the Executive \n Schedule under section 5316 of such title.\n (4) Details.--Any employee of the Department of Defense, \n the Department of State, or the Government Accountability \n Office may be detailed to the Commission without reimbursement, \n and such detail shall be without interruption or loss of civil \n service status or privilege.\n (5) Temporary and intermittent services.--The Chairman of \n the Commission may procure temporary and intermittent services \n under section 3109(b) of title 5, United States Code, at rates \n for individuals which do not exceed the daily equivalent of the \n annual rate of basic pay prescribed for level V of the \n Executive Schedule under section 5316 of such title.\n (e) Security.--\n (1) Security clearances.--Members and staff of the \n Commission, and any experts and consultants to the Commission, \n shall possess security clearances appropriate for their duties \n with the Commission under this section.\n (2) Information security.--The Secretary of Defense shall \n assume responsibility for the handling and disposition of any \n information relating to the national security of the United \n States that is received, considered, or used by the Commission \n under this section.\n (f) Termination.--The Commission shall terminate 45 days after the \ndate on which the Commission submits its report under subsection (b).","summary":"Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) conduct a thorough study of matters relating to the US overseas military facility structure, and (2) report study findings and conclusions to the President and Congress. Requires the report to include a proposal for an overseas basing strategy for the Department of Defense (DOD) to meet current and future DOD missions during periods of heightened fiscal constraints.","title":"A bill to establish the Commission on the Review of the Overseas Military Facility Structure of the United States.","text_len":12131,"sum_len":586} {"bill_id":"105_s1897","text":"SECTION 1. FINDINGS; PURPOSE.\n\n (a) Findings.--Congress makes the following findings:\n (1) Billing practices by telecommunications carriers may \n not reflect accurately the cost or basis of the additional \n telecommunications services and benefits that consumers receive \n as a result of the enactment of the Telecommunications Act of \n 1996 (Public Law 104-104) and other Federal regulatory actions \n taken since the enactment of that Act.\n (2) Congress has never enacted a law with the intent of \n permitting providers of telecommunications services to \n misrepresent to customers the costs of providing services or \n the services provided.\n (3) Certain providers of telecommunications services have \n established new, specific charges on customer bills commonly \n known as ``line-item charges''.\n (4) Certain providers of telecommunications services have \n described such charges as ``Federal Universal Service Fees'' or \n similar fees.\n (5) Such charges have generated significant confusion among \n customers regarding the nature of and scope of universal \n service and of the fees associated with universal service.\n (6) The State of New York is considering action to protect \n consumers by requiring telecommunications carriers to disclose \n fully in the bills of all classes of customers the fee \n increases and fee reductions resulting from the enactment of \n the Telecommunications Act of 1996 and other regulatory actions \n taken since the enactment of that Act.\n (7) The National Association of Regulatory Utility \n Commissioners adopted a resolution in February 1998 supporting \n action by the Federal Communications Commission to require \n interstate carriers to provide accurate customer notice \n regarding the implementation and purpose of end user charges.\n (b) Purpose.--It is the purpose of this Act to require the Federal \nCommunications Commission and the Federal Trade Commission to protect \nconsumers of telecommunications services by assuring accurate cost \nreporting and billing practices by telecommunications carriers \nnationwide.\n\nSEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES.\n\n (a) Investigation.--\n (1) Requirement.--The Federal Communications Commission and \n the Federal Trade Commission shall jointly conduct an \n investigation of the billing practices of telecommunications \n carriers.\n (2) Purpose.--The purpose of the investigation is to \n determine whether the bills sent by carriers to their customers \n accurately assess and correctly characterize any additional \n fees paid by such customers for telecommunications services as \n a result of the enactment of the Telecommunications Act of 1996 \n (Public Law 104-104) and other Federal regulatory actions taken \n since the enactment of that Act.\n (b) Determinations.--In carrying out the investigation under \nsubsection (a), the Federal Communications Commission and the Federal \nTrade Commission shall determine the following:\n (1) The amount, if any, of additional fees imposed by \n telecommunications carriers on their customers as a result of \n the requirements of the Telecommunications Act of 1996 \n (including the amendments made by that Act) and other Federal \n regulatory actions taken since the enactment of that Act during \n the period beginning on June 30, 1997, and ending on the date \n of enactment of that Act.\n (2) In the event that additional fees described in \n paragraph (1) are being imposed, the following:\n (A) Whether the amount of such fees accurately \n reflect--\n (i) the additional costs to carriers as a \n result of the enactment of that Act (including \n the amendments made by that Act) and other \n Federal regulatory actions taken since the \n enactment of that Act; and\n (ii) any reductions in costs, or other \n financial benefits, to carriers as a result of \n the enactment of that Act (including such \n amendments) and other Federal regulatory \n actions taken since the enactment of that Act.\n (B) Whether the bills that impose such fees \n characterize correctly the nature and basis of such \n fees.\n (c) Review of Records.--\n (1) Authority.--For purposes of the investigation under \n subsection (a), the Federal Communications Commission and the \n Federal Trade Commission may obtain from any telecommunications \n carrier any record of the carrier that is relevant to the \n investigation.\n (2) Use.--The Federal Communications Commission and the \n Federal Trade Commission may use records obtained under this \n subsection only for purposes of the investigation.\n (d) Disciplinary Actions.--\n (1) In general.--In the event that the Federal \n Communications Commission or the Federal Trade Commission \n determine as a result of the investigation under subsection (a) \n that the bills sent by a telecommunications carrier to its \n customers does not accurately assess or correctly characterize \n any fee addressed in the investigation, the Federal \n Communications Commission or the Federal Trade Commission, as \n the case may be, shall take such actions against the carrier as \n such Commission is authorized to take under law.\n (2) Additional actions.--If the Federal Communications \n Commission or the Federal Trade Commission determines that such \n Commission does not have adequate authority under law to take \n appropriate actions under paragraph (1), the Federal \n Communications Commission and the Federal Trade Commission \n shall notify Congress of that determination in the report under \n subsection (e).\n (e) Report.--Not later than 45 days after the date of enactment of \nthis Act, the Federal Communications Commission and the Federal Trade \nCommission shall jointly submit to Congress a report on the results of \nthe investigation under subsection (a). The report shall include the \ndetermination, if any, of either Commission under subsection (d)(2) and \nany recommendations for further legislative action that the Commissions \nconsider appropriate.\n\nSEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN \n FEES FOR SERVICES.\n\n (a) Requirements.--Any telecommunications carrier that includes on \nany of the bills sent to its customers a charge described in subsection \n(b) shall--\n (1) specify in the bill imposing such charge any reduction \n in charges or fees allocable to all classes of customers \n (including customers of residential basic service, customers of \n other residential services, small business customers, and other \n business customers) by reason of any regulatory action of the \n Federal Government; and\n (2) submit to the Federal Communications Commission the \n reports required to be submitted by the carrier to the \n Securities and Exchange Commission under sections 13(a) and \n 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. \n 78m(a), 78o(d)).\n (b) Covered Charges.--Subsection (a) applies in the case of the \nfollowing charges:\n (1) Any specific charge included after June 30, 1997, if \n the imposition of the charge is attributed to a regulatory \n action of the Federal Government.\n (2) Any specific charge included before that date if the \n description of the charge is changed after that date to \n attribute the imposition of the charge to a regulatory action \n of the Federal Government.","summary":"Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions. And (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.","title":"A bill to require accurate billing by telecommunications carriers with respect to the costs and fees resulting from the enactment of the Telecommunications Act of 1996, and for other purposes.","text_len":8281,"sum_len":1129} {"bill_id":"112_hr3659","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Welfare Integrity and Data \nImprovement Act''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n The table of contents of this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\nSec. 3. Extension of program.\nSec. 4. Data standardization.\nSec. 5. Spending policies for assistance under State TANF programs.\nSec. 6. Technical corrections.\n\nSEC. 3. EXTENSION OF PROGRAM.\n\n (a) Family Assistance Grants.--Section 403(a)(1) of the Social \nSecurity Act (42 U.S.C. 603(a)(1) is amended--\n (1) in subparagraph (A), by striking `` each of fiscal \n years 1996'' and all that follows through ``2003'' and \n inserting ``fiscal year 2012'';\n (2) in subparagraph (B)--\n (A) by inserting ``(as in effect just before the \n enactment of the Welfare Integrity and Data Improvement \n Act)'' after ``this paragraph'' the 1st place it \n appears; and\n (B) by inserting ``(as so in effect)'' after ``this \n paragraph'' the 2nd place it appears; and\n (3) in subparagraph (C), by striking ``2003'' and inserting \n ``2012''.\n (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--\nSection 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by \nstriking ``2011'' and inserting ``2012''.\n (c) Maintenance of Effort Requirement.--Section 409(a)(7) of such \nAct (42 U.S.C. 609(a)(7)) is amended--\n (1) in subparagraph (A), by striking ``fiscal year'' and \n all that follows through ``2013'' and inserting ``a fiscal \n year''; and\n (2) in subparagraph (B)(ii)--\n (A) by striking ``for fiscal years 1997 through \n 2012,''; and\n (B) by striking ``407(a) for the fiscal year,'' and \n inserting ``407(a),''.\n (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a)) \nis amended in each of paragraphs (1)(A) and (2)(A) by striking ``each \nof fiscal years 1997'' and all that follows through ``2003'' and \ninserting ``fiscal year 2012''.\n (e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42 \nU.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997 \nthrough 2002'' and inserting ``fiscal year 2012''.\n (f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C. \n614(b)) is amended by striking ``each of fiscal years 1996'' and all \nthat follows through ``2003'' and inserting ``fiscal year 2012''.\n (g) Child Care Entitlement.--Section 418(a)(3) of such Act (42 \nU.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that \nfollows and inserting ``appropriated $2,917,000,000 for fiscal year \n2012.''.\n (h) Grants to Territories.--Section 1108(b)(2) of such Act (42 \nU.S.C. 1308(b)(2)) is amended by striking ``for fiscal years 1997 \nthrough 2003'' and inserting ``fiscal year 2012''.\n (i) Prevention of Duplicate Appropriations for Fiscal Year 2012.--\nExpenditures made pursuant to the Short-Term TANF Extension Act (Public \nLaw 112-35) for fiscal year 2012 shall be charged to the applicable \nappropriation or authorization provided by the amendments made by this \nsection for such fiscal year.\n (j) Effective Date.--This section and the amendments made by this \nsection shall take effect on the date of the enactment of this Act.\n\nSEC. 4. DATA STANDARDIZATION.\n\n (a) In General.--Section 411 of the Social Security Act (42 U.S.C. \n611) is amended by adding at the end the following:\n ``(d) Data Standardization.--\n ``(1) Standard data elements.--\n ``(A) Designation.--The Secretary, in consultation \n with an interagency work group which shall be \n established by the Office of Management and Budget, and \n considering State and tribal perspectives, shall, by \n rule, designate standard data elements for any category \n of information required to be reported under this part.\n ``(B) Requirements.--In designating the standard \n data elements, the Secretary shall, to the extent \n practicable--\n ``(i) ensure that the data elements are \n nonproprietary and interoperable;\n ``(ii) incorporate interoperable standards \n developed and maintained by an international \n voluntary consensus standards body, as defined \n by the Office of Management and Budget, such as \n the International Organization for \n Standardization;\n ``(iii) incorporate interoperable standards \n developed and maintained by intergovernmental \n partnerships, such as the National Information \n Exchange Model; and\n ``(iv) incorporate interoperable standards \n developed and maintained by Federal entities \n with authority over contracting and financial \n assistance, such as the Federal Acquisition \n Regulatory Council.\n ``(2) Data reporting standards.--\n ``(A) Designation.--The Secretary, in consultation \n with an interagency work group established by the \n Office of Management and Budget, and considering State \n and tribal perspectives, shall, by rule, designate \n standards to govern the data reporting required under \n this part.\n ``(B) Requirements.--In designating the data \n reporting standards, the Secretary shall, to the extent \n practicable, incorporate existing nonproprietary \n standards, such as the eXtensible Business Reporting \n Language. Such standards shall, to the extent \n practicable--\n ``(i) incorporate a widely-accepted, \n nonproprietary, searchable, computer-readable \n format;\n ``(ii) be consistent with and implement \n applicable accounting principles; and\n ``(iii) be capable of being continually \n upgraded as necessary.''.\n (b) Applicability.--The amendments made by this subsection shall \napply with respect to information required to be reported on or after \nOctober 1, 2012.\n\nSEC. 5. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.\n\n (a) State Requirement.--Section 408(a) of the Social Security Act \n(42 U.S.C. 608(a)) is amended by adding at the end the following:\n ``(12) State requirement to prevent unauthorized spending \n of benefits.--\n ``(A) In general.--A State to which a grant is made \n under section 403 shall maintain policies and practices \n as necessary to prevent assistance provided under the \n State program funded under this part from being used in \n any electronic benefit transfer transaction in--\n ``(i) any liquor store;\n ``(ii) any casino, gambling casino, or \n gaming establishment; or\n ``(iii) any retail establishment which \n provides adult-oriented entertainment in which \n performers disrobe or perform in an unclothed \n state for entertainment.\n ``(B) Definitions.--For purposes of subparagraph \n (A)--\n ``(i) Liquor store.--The term `liquor \n store' means any retail establishment which \n sells exclusively or primarily intoxicating \n liquor. Such term does not include a grocery \n store which sells both intoxicating liquor and \n groceries including staple foods (within the \n meaning of section 3(r) of the Food and \n Nutrition Act of 2008 (7 U.S.C. 2012(r))).\n ``(ii) Casino, gambling casino, or gaming \n establishment.--The terms `casino', `gambling \n casino', and `gaming establishment' do not \n include a grocery store which sells groceries \n including such staple foods and which also \n offers, or is located within the same building \n or complex as, casino, gambling, or gaming \n activities.\n ``(iii) Electronic benefit transfer \n transaction.--The term `electronic benefit \n transfer transaction' means the use of a credit \n or debit card service, automated teller \n machine, point-of-sale terminal, or access to \n an online system for the withdrawal of funds or \n the processing of a payment for merchandise or \n a service.''.\n (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is \namended by adding at the end the following:\n ``(16) Penalty for failure to enforce spending policies.--\n ``(A) In general.--If, within 2 years after the \n date of the enactment of this paragraph, any State has \n not reported to the Secretary on such State's \n implementation of the policies and practices required \n by section 408(a)(12), or the Secretary determines, \n based on the information provided in State reports, \n that any State has not implemented and maintained such \n policies and practices, the Secretary shall reduce, by \n an amount equal to 5 percent of the State family \n assistance grant, the grant payable to such State under \n section 403(a)(1) for--\n ``(i) the fiscal year immediately \n succeeding the year in which such 2-year period \n ends; and\n ``(ii) each succeeding fiscal year in which \n the State does not demonstrate that such State \n has implemented and maintained such policies \n and practices.\n ``(B) Reduction of applicable penalty.--The \n Secretary may reduce the amount of the reduction \n required under subparagraph (A) based on the degree of \n noncompliance of the State.\n ``(C) State not responsible for individual \n violations.--Fraudulent activity by any individual in \n an attempt to circumvent the policies and practices \n required by section 408(a)(12) shall not trigger a \n State penalty under subparagraph (A).''.\n (c) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C. \n609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or \n(16)''.\n\nSEC. 6. TECHNICAL CORRECTIONS.\n\n (a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C. \n604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and \ninserting ``Subtitle 1 of title''.\n (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42 \nU.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking \n``403(b)(6)'' and inserting ``403(b)(5)''.\n (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is \namended by moving clauses (i) and (ii) 2 ems to the right.\n (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended \nby inserting a comma after ``appropriate''.\n (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. \n611(a)(1)(A)(ii)(III)) is amended by striking the last close \nparenthesis.\n\n Passed the House of Representatives December 15, 2011.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Welfare Integrity and Data Improvement Act - Amends part A (TANF) of SSA title IV to extend the TANF program through FY2012. Directs the Secretary of HHS to designate standard data elements for any category of information required to be reported under TANF. Requires states to maintain policies and practices necessary to prevent the use of state TANF assistance in any transaction in any: (1) liquor store, (2) casino, gambling casino, or gaming establishment. Or (3) retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. Prescribes an administrative penalty for states which failure to enforce such requirement.","title":"To reauthorize the program of block grants to States for temporary assistance for needy families through fiscal year 2012, and for other purposes.","text_len":12549,"sum_len":704} {"bill_id":"105_hr3163","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Trade Dress Protection Act''.\n\nSEC. 2. PROTECTION FOR TRADE DRESS.\n\n (a) Principal Register.--The Act entitled ``An Act to provide for \nthe registration and protection of trade-marks used in commerce, to \ncarry out the provisions of certain international conventions, and for \nother purposes.'' (hereinafter referred to in this Act as the \n``Trademark Act of 1946'') is amended in section 2 thereof (15 U.S.C. \n1052)--\n (1) in subsection (e)--\n (A) in clause (3) by striking ``or'' after \n ``them,''; and\n (B) by inserting before the period at the end the \n following: ``, or (5) comprises any matter that, as a \n whole, is functional'';\n (2) in subsection (f), by striking ``paragraphs (a), (b), \n (c), (d), and (e)(3)'' and inserting ``subsections (a), (b), \n (c), (d), (e)(3), and (e)(5)''; and\n (3) by adding at the end the following:\n ``(g) Except as expressly excluded in subsections (a), (b), (c), \n(d), and (e) of this section, trade dress which functions as a mark may \nbe registered and protected without the need to show that it has become \ndistinctive under subsection (f) of this section if the relevant public \nis likely to identify the source of the product or service by reference \nto the subject matter claimed as trade dress. In determining whether \nthe relevant public is likely to identify the source of the product or \nservice by reference to the subject matter claimed as trade dress, the \nfactors to be considered shall include, but not be limited to--\n ``(1) whether the trade dress is unique or unusual in the \n particular field to which the subject matter pertains;\n ``(2) whether the trade dress comprises a common basic \n shape or design;\n ``(3) whether the trade dress is a mere refinement of \n commonly adopted and well known forms of ornamentation for that \n particular class of goods or services viewed by the public as a \n dress or ornamentation for the goods or services; and\n ``(4) whether the trade dress is capable of creating a \n commercial impression distinct from any accompanying words.''.\n (b) Supplemental Register.--Section 23(c) of the Trademark Act of \n1946 (15 U.S.C. 1091(c)) is amended to read as follows:\n ``(c) For the purposes of registration on the supplemental \nregister, a mark may consist of any symbol, name, word, slogan, phrase, \nsurname, geographical name, numeral, device, color, label, any matter \nthat is not functional, or any combination of any of the foregoing, but \nsuch mark must be capable of distinguishing the applicant's goods or \nservices.''.\n (c) Construction and Definitions.--Section 45 of the Trademark Act \nof 1946 (15 U.S.C. 1127) is amended by striking the definition of \n``mark'' and inserting the following:\n ``The term `trade dress' means the total image or overall \nappearance of a product or service, including, but not limited to, the \ndesign of packaging, labels, containers, displays, decor, color, the \ndesign of a product, a product feature, or a combination of product \nfeatures, except that trade dress shall not be registered or protected \nunder this Act if it is functional.\n ``The term `functional' means, with respect to matter sought to be \nprotected under this Act, that the matter is of such superior design \nfor its purpose that to afford it protection under this Act would \nsignificantly hinder effective competition. In determining whether \nmatter sought to be protected under this Act is functional, the factors \nto be considered shall include, but not be limited to--\n ``(1) whether the matter yields a competitive advantage;\n ``(2) whether alternative designs are available; and\n ``(3) whether the matter achieves economies in the \n manufacture or use of the goods or services, or affects their \n cost or quality.\n ``The term `mark' includes any trademark, service mark, collective \nmark, or certification mark.''.\n (d) Civil Actions for Trade Dress Infringement.--Section 43(a) of \nthe Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at \nthe end the following:\n ``(3) In a civil action for trade dress infringement under this Act \nfor trade dress not registered on the principal register, the person \nwho asserts trade dress protection has the burden of proving that the \nmatter sought to be protected is not functional.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall take effect on \nthe date of the enactment of this Act, but shall not apply to any \nproceeding before the United States Patent and Trademark Office \nrelating to the registration of a mark, or to any civil action, that is \npending on that date.\n\nSEC. 4. TECHNICAL AMENDMENTS.\n\n The Trademark Act of 1946 is amended as follows:\n (1) Section 1(a)(1)(A) (15 U.S.C. 1051(a)(1)(A)) is amended \n by striking ``goods in connection'' each place it appears and \n inserting ``goods on or in connection''.\n (2) Section 7(a) (15 U.S.C. 1057(a)) is amended in the \n first sentence by striking the second period at the end.\n (3) Section 10 (15 U.S.C. 1060) is amended--\n (A) at the end of the first sentence, by striking \n the comma before the period; and\n (B) in the third sentence, by striking the second \n period at the end.\n (4) Section 26 (15 U.S.C. 1094) is amended by striking \n ``7(c),,'' and inserting ``, 7(c),''.\n (5) Section 31 (15 U.S.C. 1113) is amended--\n (A) by striking\n``Sec. 31. Fees'';\n and\n (B) by striking ``(a)'' and inserting ``Sec. 31. \n (a)''.\n (6) Section 32(1) (15 U.S.C. 1114(1)) is amended by \n striking ``As used in this subsection'' and inserting ``As used \n in this paragraph''.\n (7) Section 39(a) (15 U.S.C. 1121(a)) is amended by \n striking ``circuit courts'' and inserting ``courts''.\n (8) Section 42 (15 U.S.C. 1124) is amended by striking \n ``the any domestic'' and inserting ``any domestic''.\n (9) Section 44(d) (15 U.S.C. 1126(d)) is amended--\n (A) by striking ``23, or 44(e) of this Act'' and \n inserting ``23, or subsection (e) of this section that \n is''; and\n (B) in paragraphs (3) and (4) by striking ``this \n subsection (d)'' and inserting ``this subsection''.\n (10) The Act is amended by striking ``trade-mark'' each \n place it appears in the text and the title and inserting \n ``trademark''.","summary":"Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing. And (2) is capable of distinguishing the applicant's goods or services. Defines trade dress as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines functional, with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection.","title":"Trade Dress Protection Act","text_len":6904,"sum_len":1448} {"bill_id":"111_hr3582","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Census Improvement Act''.\n\nSEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING \n PARTNERSHIP PROGRAM FOR THE 2010 CENSUS.\n\n (a) In General.--Participation in the Planning Partnership Program \nfor the 2010 census of population shall not be allowed in the case of--\n (1) an organization which has been indicted for a violation \n under Federal or State law relating to an election for Federal \n or State office; or\n (2) an organization which employs applicable individuals.\n (b) Applicable Individual Defined.--For purposes of this section, \nthe term ``applicable individual'' means an individual who--\n (1) is--\n (A) employed by the organization in a permanent or \n temporary capacity;\n (B) contracted or retained by the organization; or\n (C) acting on behalf of, or with the express or \n apparent authority of, the organization; and\n (2) has been indicted for a violation under Federal or \n State law relating to an election for Federal or State office.\n (c) State Defined.--For purposes of this section, the term \n``State'' includes the District of Columbia.\n\nSEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT \n PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN \n INFORMATION.\n\n (a) Rulemaking Power.--The succeeding provisions of this section \nare enacted by Congress--\n (1) as an exercise of the rulemaking power of the Senate \n and the House of Representatives, respectively, and as such \n shall be deemed a part of the rules of each House, \n respectively, and shall supersede other rules only to the \n extent that they are inconsistent with such other rules; and\n (2) with the full recognition of the constitutional right \n of either House to change the rules (so far as relating to the \n procedures of that House) at any time, in the same manner, and \n to the same extent as any other rule of that House.\n (b) Voting Requirement.--No bill or joint resolution, amendment, or \nconference report containing a provision which would have the effect of \nrepealing, suspending, or otherwise limiting the application of section \n9 of title 13, United States Code (relating to information as \nconfidential; exception) shall be considered as passed or agreed to, by \neither House of Congress, unless so passed or agreed to by a vote of \nnot less than two-thirds of the Members of such House voting.\n\nSEC. 4. REVIEW AND REPORT TO CONGRESS.\n\n (a) In General.--Not later than 6 months after the deadline for the \nsubmission described in subsection (c), the Government Accountability \nOffice shall review and report to Congress on the questions proposed to \nbe included in the 2010 census of population and the American Community \nSurvey (next scheduled to be carried out after the end of the 6-month \nperiod beginning after the date of the enactment of this Act).\n (b) Requirements.--In carrying out this section, the Government \nAccountability Office shall specifically address--\n (1) the reasons for each question proposed to be included \n in the survey or census and the purposes for which the \n information obtained from respondents is likely to be used;\n (2) alternative means by which the same information could \n be obtained other than by inclusion in such census or survey, \n as the case may be; and\n (3) the relative advantages and disadvantages of obtaining \n the information through a census or survey (as the case may be) \n as compared to the alternative means referred to in paragraph \n (2).\n (c) Submission of Questions.--Not later than 30 days after the date \nof the enactment of this Act, the Secretary of Commerce shall submit to \nthe Government Accountability Office--\n (1) a copy of each question proposed to be included in the \n upcoming American Community Survey (as described in subsection \n (a)) and the 2010 census of population; and\n (2) with respect to each question under paragraph (1), the \n views of the Secretary of Commerce (or designee) with respect \n to paragraphs (1) through (3) of subsection (b).\n\nSEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM \n NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED.\n\n (a) In General.--Notwithstanding any other provision of law, no \nofficer, employee, or other person referred to in subchapter II of \nchapter 1 of title 13, United States Code, may, in the conduct of the \nAmerican Community Survey or the 2010 census of population, seek \nanswers to any questions relating to any household or any member of \nsuch household from any person who is not a member of such household.\n (b) Implementation.--The Secretary of Commerce shall take such \nmeasures as may be necessary to provide for the implementation of \nsubsection (a).\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act--\n (1) the term ``census of population'' has the meaning given \n such term by section 141(g) of title 13, United States Code; \n and\n (2) the term ``Member'' means a Member of Congress, as \n defined by section 2106 of title 5, United States Code.","summary":"Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population. Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting. Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey. (2) GAO to review and report to Congress on such questions. And (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey. Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household.","title":"To make organizations which have been indicted for violations of Federal or State law relating to elections for public office ineligible to participate in the Planning Partnership Program for the 2010 census of population, and for other purposes.","text_len":5457,"sum_len":1523} {"bill_id":"106_hr2724","text":"SECTION 1. ENVIRONMENTAL INFRASTRUCTURE.\n\n (a) Jackson County, Mississippi.--Section 219 of the Water \nResources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is \namended--\n (1) in subsection (c), by striking paragraph (5) and inserting \n the following:\n ``(5) Jackson county, mississippi.--Provision of an alternative \n water supply and a project for the elimination or control of \n combined sewer overflows for Jackson County, Mississippi.''; and\n (2) in subsection (e)(1), by striking ``$10,000,000'' and \n inserting ``$20,000,000''.\n (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water \nResources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is \namended by striking ``$10,000,000'' and inserting ``$20,000,000''.\n (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources \nDevelopment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by \nstriking ``$25,000,000 for''.\n (d) Paterson, Passaic County, and Passaic Valley, New Jersey.--\nSection 219(f)(2) of the Water Resources Development Act of 1992 (106 \nStat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''.\n (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the \nWater Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) \nis amended--\n (1) in paragraph (33), by striking ``$20,000,000'' and \n inserting ``$10,000,000''; and\n (2) in paragraph (34)--\n (A) by striking ``$10,000,000'' and inserting \n ``$20,000,000''; and\n (B) by striking ``in the city of North Hudson'' and \n inserting ``for the North Hudson Sewerage Authority''.\n\nSEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.\n\n Section 1103(e)(5) of the Water Resources Development Act of 1986 \n(33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water \nResources Development Act of 1999 (113 Stat. 340)) is amended by \nstriking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''.\n\nSEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.\n\n Section 346 of the Water Resources Development Act of 1999 (113 \nStat. 309) is amended by striking ``economically acceptable'' and \ninserting ``environmentally acceptable''.\n\nSEC. 4. PROJECT REAUTHORIZATIONS.\n\n Section 364 of the Water Resources Development Act of 1999 (113 \nStat. 313) is amended--\n (1) by striking ``Each'' and all that follows through the colon \n and inserting the following: ``Each of the following projects is \n authorized to be carried out by the Secretary, and no construction \n on any such project may be initiated until the Secretary determines \n that the project is technically sound, environmentally acceptable, \n and economically justified:'';\n (2) by striking paragraph (1); and\n (3) by redesignating paragraphs (2) through (6) as paragraphs \n (1) through (5), respectively.\n\nSEC. 5. SHORE PROTECTION.\n\n Section 103(d)(2)(A) of the Water Resources Development Act of 1986 \n(33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water \nResources Development Act of 1999 (113 Stat. 292)) is amended by \nstriking ``or for which a feasibility study is completed after that \ndate,'' and inserting ``except for a project for which a District \nEngineer's Report is completed by that date,''.\n\nSEC. 6. COMITE RIVER, LOUISIANA.\n\n Section 371 of the Water Resources Development Act of 1999 (113 \nStat. 321) is amended--\n (1) by inserting ``(a) In General.--'' before ``The''; and\n (2) by adding at the end the following:\n ``(b) Crediting of Reduction in Non-Federal Share.--The project \ncooperation agreement for the Comite River Diversion Project shall \ninclude a provision that specifies that any reduction in the non-\nFederal share that results from the modification under subsection (a) \nshall be credited toward the share of project costs to be paid by the \nAmite River Basin Drainage and Water Conservation District.''.\n\nSEC. 7. CHESAPEAKE CITY, MARYLAND.\n\n Section 535(b) of the Water Resources Development Act of 1999 (113 \nStat. 349) is amended by striking ``the city of Chesapeake'' each place \nit appears and inserting ``Chesapeake City''.\n\nSEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY \n OF THE ARMY.\n\n (a) Recommendations of Inland Waterways Users Board.--Section \n302(b) of the Water Resources Development Act of 1986 (33 U.S.C. \n2251(b)) is amended in the last sentence by striking ``The'' and \ninserting ``Notwithstanding section 3003 of Public Law 104-66 (31 \nU.S.C. 1113 note; 109 Stat. 734), the''.\n (b) List of Authorized but Unfunded Studies.--Section 710(a) of the \nWater Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended \nin the first sentence by striking ``Not'' and inserting \n``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 \nnote; 109 Stat. 734), not''.\n (c) Reports on Participation of Minority Groups and Minority-Owned \nFirms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the \nWater Resources Development Act of 1986 (100 Stat. 4177) is amended in \nthe second sentence by striking ``The'' and inserting ``Notwithstanding \nsection 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), \nthe''.\n (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2) \nof the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) \nis amended in the first sentence by striking ``Every'' and inserting \n``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 \nnote; 109 Stat. 734), every''.\n\nSEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED.\n\n (a) Program Authorization.--The program described in subsection (c) \nis hereby authorized.\n (b) Authorization of Appropriations.--Funds are hereby authorized \nto be appropriated for the Department of Transportation for the program \nauthorized in subsection (a) in amounts as follows:\n (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000.\n (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000.\n (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000.\n (c) Applicability.--The program referred to in subsection (a) is \nthe program for which funds appropriated in title I of Public Law 106-\n69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available \nfor obligation upon the enactment of legislation authorizing the \nprogram.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends the Water Resources Development Act of 1999 to: (1) authorize appropriations for FY 1999 through 2009 for implementation of a long-term resource monitoring program with respect to the Upper Mississippi River Environmental Management Program. (2) authorize the Secretary of the Army to carry out modifications to the navigation project for the Delaware River, Pennsylvania and Delaware, if such project as modified is technically sound, environmentally acceptable, and economically justified. (3) subject certain previously deauthorized water resources development projects to the seven-year limitation governing project deauthorizations under the Act, with the exception of such a project for Indian River County, Florida. (4) except from a certain schedule of the non-Federal cost of the periodic nourishment of shore protection projects constructed after December 31, 1999, those projects for which a District Engineer's Report has been completed by such date. (5) require that the project cooperation agreement for the Comite River Diversion Project for flood control include a provision that specifies that any reduction in the non-Federal share that results from certain modifications be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District. (6) allow the Secretary to provide additional compensation to Chesapeake City, Maryland for damage to its water supply resulting from the Chesapeake and Delaware Canal Project. (7) provide for the submission of certain reports on water resources development projects by the Secretary, notwithstanding Federal reporting termination provisions. And (8) authorize and provide for an authorization of appropriations for the existing program for the safety and operations expenses of the Federal Railroad Administration, and make available for obligation funds currently appropriated for such program.","title":"To make technical corrections to the Water Resources Development Act of 1999.","text_len":6677,"sum_len":1917} {"bill_id":"113_s1266","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Refinancing Education Funding to \nInvest (REFI) for the Future Act of 2013''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) there is approximately $1,100,000,000,000 of \n outstanding student loan debt in the United States, including \n more than $150,000,000,000 in private education loans;\n (2) as of 2008, 81 percent of individuals graduating with \n an undergraduate degree with more than $40,000 in student loans \n had a private education loan;\n (3) the limited number of lenders in the private education \n loan marketplace reduce the ability of borrowers with private \n education loans to restructure, refinance, or negotiate \n repayment terms for their current loans, leading to excessive \n debt burdens and potential default; and\n (4) excessive student indebtedness reduces economic \n activity, threatens homeownership, hurts small business growth, \n and limits opportunities for economic expansion in rural \n communities.\n (b) Purpose.--The purpose of this Act is to spur economic growth, \nby establishing a mechanism to allow borrowers of private education \nloans to refinance their loans in order--\n (1) to facilitate greater competition in the private \n education lending and refinancing markets;\n (2) to address inefficiencies in the private education \n lending and refinancing markets;\n (3) to encourage innovation in the private education \n refinancing markets; and\n (4) to promote the participation of private capital in the \n private education refinancing markets.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) the term ``private education loan'' has the same \n meaning as in section 140(a) of the Truth in Lending Act (15 \n U.S.C. 1650(a)); and\n (2) the term ``Secretary'' means the Secretary of the \n Treasury, other than in the context of the Secretary of \n Education.\n\nSEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE \n MARKET EFFICIENCY IN THE STUDENT LOAN MARKET.\n\n (a) Authority.--\n (1) In general.--\n (A) Credit facilities authorization.--Upon a \n determination by the Secretary that borrowers are \n unable to secure adequate credit accommodations with \n existing private education loans, the Secretary, \n notwithstanding any provision of section 484 of the \n Higher Education Act of 1965 (20 U.S.C. 1091), is \n authorized to establish lending, purchase, and other \n credit facilities to--\n (i) accommodate reasonable refinancing \n opportunities or other loan adjustments that--\n (I) improve the sustainability of \n payments for the borrower; and\n (II) reduce the likelihood of \n delinquency and default on private \n education loans;\n (ii) benefit borrowers that are most likely \n to have private student debt service \n obligations that represent a disproportionate \n share of their income; and\n (iii) ensure that borrowers pay lower \n interest rates that are commensurate with \n credit risk, so that they may pursue more \n economically productive activities, such as \n home purchases and small business formation.\n (B) Consultation.--\n (i) In general.--Any determination under \n subparagraph (A) shall be made jointly with the \n Secretary of Education and the Director of the \n Bureau of Consumer Financial Protection.\n (ii) Compliance system.--Prior to \n establishing a facility under this subsection, \n the Secretary, or any administrator designated \n by the Secretary to establish a program to \n carry out the authority provided in this \n subsection, shall establish a compliance system \n in consultation with the Bureau of Consumer \n Financial Protection.\n (2) No net cost to government.--Mechanisms established \n under this subsection shall not result in any net cost to the \n Federal Government, as determined jointly by the Secretary, the \n Secretary of Education, and the Director of the Office of \n Management and Budget.\n (b) Federal Register Notice.--Prior to exercising any authority \nprovided under subsection (a), the Secretary shall publish a notice in \nthe Federal Register to seek comment from interested parties on its \nproposed exercise of such authority, including--\n (1) the terms and conditions governing the lending, \n purchases, or other credit facilities authorized by subsection \n (a);\n (2) an outline of methodology and factors considered in the \n purchase or restructuring of private education loans;\n (3) private education loan modification options that may be \n available for existing loans;\n (4) how they will ensure that borrowers whose education \n debt service obligations represent a disproportionate share of \n their income will be provided relief; and\n (5) how the use of the methodology and factors, as proposed \n in the notice, will be used to ensure that any exercise of \n authority by the Secretary will result in no net cost to the \n Federal Government.\n (c) Initial Report.--Not later than 90 days after the date of \nenactment of this Act, the Secretary shall submit to the appropriate \ncommittees of Congress a report that includes--\n (1) a plan of the Secretary to implement credit mechanisms \n under the authority of this Act;\n (2) a description of macroeconomic benefits of increased \n efficiency and refinance activity in the student loan market; \n and\n (3) a description of the benefits through the use of such \n authority to private education loan borrowers, including how \n any incidental net gain from the credit mechanism would be used \n to benefit student borrowers.\n (d) Annual Reports.--Beginning 1 year after the date of the first \nuse of the authority provided under this section, the Secretary shall \nprovide an annual report to the Committee on Banking, Housing, and \nUrban Affairs of the Senate and the Committee on Financial Services of \nthe House of Representatives describing the utilization, impact, and \nfinancial performance of any program established under the authority of \nthis section.\n (e) Public Awareness.--Not later than 60 days after the date of \npublication of a notice in the Federal Register pursuant to subsection \n(b), the Secretary, in consultation with the Secretary of Education and \nthe Director of the Bureau of Consumer Financial Protection, shall \nbegin a national awareness campaign to alert all private education loan \nborrowers who may benefit from any program or facilities established \nunder this section. Such campaign shall include outreach to targeted \npopulations of borrowers that are most likely to have private education \nloan debt service obligations that represent a disproportionate share \nof their income.\n (f) Expiration of Authority.--Three years after the date on which a \ncredit facility is established under this Act, and not later than 5 \nyears after the date of enactment of this Act, any new lending, \npurchase, or other activity initiated through the facilities \nestablished by the Secretary under subsection (a) shall cease.\n\nSEC. 5. SENSE OF CONGRESS.\n\n It is the sense of Congress that the Federal financial \ninstitutions, such as the Federal Financing Bank and the Federal \nReserve banks, and federally chartered private entities, such as the \nFederal home loan banks, should consider, in consultation with the \nSecretary and the Secretary of Education, using available authorities \nin a timely manner, if needed, to assist in ensuring that borrowers of \nprivate education loans can secure credit accommodations to refinance \nexisting loans, in a manner that results in no increased costs to \ntaxpayers.","summary":"Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers.","title":"Refinancing Education Funding to Invest (REFI) for the Future Act of 2013","text_len":8831,"sum_len":1699} {"bill_id":"107_s436","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Safety Lock Act of 2001''.\n\nSEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.\n\n (a) Definitions.--Section 921(a) of title 18, United States Code, \nis amended by adding at the end the following:\n ``(35) The term `locking device' means a device or locking \n mechanism--\n ``(A) that--\n ``(i) if installed on a firearm and secured \n by means of a key or a mechanically, \n electronically, or electromechanically operated \n combination lock, is designed to prevent the \n firearm from being discharged without first \n deactivating or removing the device by means of \n a key or mechanically, electronically, or \n electromechanically operated combination lock;\n ``(ii) if incorporated into the design of a \n firearm, is designed to prevent discharge of \n the firearm by any person who does not have \n access to the key or other device designed to \n unlock the mechanism and thereby allow \n discharge of the firearm; or\n ``(iii) is a safe, gun safe, gun case, lock \n box, or other device that is designed to store \n a firearm and that is designed to be unlocked \n only by means of a key, a combination, or other \n similar means; and\n ``(B) that is approved by a licensed firearms \n manufacturer for use on the handgun with which the \n device or locking mechanism is sold, delivered, or \n transferred.''.\n (b) Unlawful Acts.--\n (1) In general.--Section 922 of title 18, United States \n Code, is amended by inserting after subsection (y) the \n following:\n ``(z) Locking Devices.--\n ``(1) In general.--Except as provided in paragraph (2), it \n shall be unlawful for any licensed manufacturer, licensed \n importer, or licensed dealer to sell, deliver, or transfer any \n handgun to any person other than a licensed manufacturer, \n licensed importer, or licensed dealer, unless the transferee is \n provided with a locking device for that handgun.\n ``(2) Exceptions.--Paragraph (1) does not apply to--\n ``(A) the--\n ``(i) manufacture for, transfer to, or \n possession by, the United States or a State or \n a department or agency of the United States, or \n a State or a department, agency, or political \n subdivision of a State, of a firearm; or\n ``(ii) transfer to, or possession by, a law \n enforcement officer employed by an entity \n referred to in clause (i) of a firearm for law \n enforcement purposes (whether on or off duty); \n or\n ``(B) the transfer to, or possession by, a rail \n police officer employed by a rail carrier and certified \n or commissioned as a police officer under the laws of a \n State of a firearm for purposes of law enforcement \n (whether on or off duty).''.\n (2) Effective date.--Section 922(y) of title 18, United \n States Code, as added by this subsection, shall take effect 180 \n days after the date of enactment of this Act.\n (c) Liability; Evidence.--\n (1) Liability.--Nothing in this section shall be construed \n to--\n (A) create a cause of action against any firearms \n dealer or any other person for any civil liability; or\n (B) establish any standard of care.\n (2) Evidence.--Notwithstanding any other provision of law, \n evidence regarding compliance or noncompliance with the \n amendments made by this section shall not be admissible as \n evidence in any proceeding of any court, agency, board, or \n other entity, except with respect to an action to enforce this \n section.\n (3) Rule of construction.--Nothing in this subsection shall \n be construed to bar a governmental action to impose a penalty \n under section 924(p) of title 18, United States Code, for a \n failure to comply with section 922(y) of that title.\n (d) Civil Penalties.--Section 924 of title 18, United States Code, \nis amended--\n (1) in subsection (a)(1), by striking ``or (f)'' and \n inserting ``(f), or (p)''; and\n (2) by adding at the end the following:\n ``(p) Penalties Relating to Locking Devices.--\n ``(1) In general.--\n ``(A) Suspension or revocation of license; civil \n penalties.--With respect to each violation of section \n 922(y)(1) by a licensee, the Secretary may, after \n notice and opportunity for hearing--\n ``(i) suspend or revoke any license issued \n to the licensee under this chapter; or\n ``(ii) subject the licensee to a civil \n penalty in an amount equal to not more than \n $10,000.\n ``(B) Review.--An action of the Secretary under \n this paragraph may be reviewed only as provided in \n section 923(f).\n ``(2) Administrative remedies.--The suspension or \n revocation of a license or the imposition of a civil penalty \n under paragraph (1) does not preclude any administrative remedy \n that is otherwise available to the Secretary.''.\n\nSEC. 3. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.\n\n (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et \nseq.) is amended by adding at the end thereof the following:\n\n``SEC. 38. CHILD HANDGUN SAFETY LOCKS.\n\n ``(a) Establishment of Standard.--\n ``(1) In general.--\n ``(A) Rulemaking required.--Notwithstanding section \n 3(a)(1)(E) of this Act, the Commission shall initiate a \n rulemaking proceeding under section 553 of title 5, \n United States Code, within 90 days after the date of \n enactment of the Child Safety Lock Act of 2001 to \n establish a consumer product safety standard for \n locking devices. The Commission may extend the 90-day \n period for good cause. Notwithstanding any other \n provision of law, including chapter 5 of title 5, \n United States Code, the Commission shall promulgate a \n final consumer product safety standard under this \n paragraph within 12 months after the date on which it \n initiated the rulemaking. The Commission may extend \n that 12-month period for good cause. The consumer \n product safety standard promulgated under this \n paragraph shall take effect 6 months after the date on \n which the final standard is promulgated.\n ``(B) Standard requirements.--The standard \n promulgated under subparagraph (A) shall require \n locking devices that--\n ``(i) are sufficiently difficult for \n children to de-activate or remove; and\n ``(ii) prevent the discharge of the handgun \n unless the locking device has been de-activated \n or removed.\n ``(2) Certain provisions not to apply.--\n ``(A) Provisions of this act.--Sections 7, 9, and \n 30(d) of this Act do not apply to the rulemaking \n proceeding under paragraph (1). Section 11 of this Act \n does not apply to any consumer product safety standard \n promulgated under paragraph (1).\n ``(B) Chapter 5 of title 5.--Except for section \n 553, chapter 5 of title 5, United States Code, does not \n apply to this section.\n ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, \n United States Code, does not apply to this section.\n ``(D) National environmental policy act.--The \n National Environmental Policy Act of 1969 (42 U.S.C. \n 4321) does not apply to this section.\n ``(b) No Effect on State Law.--Notwithstanding section 26 of this \nAct, this section does not annul, alter, impair, affect, or exempt any \nperson subject to the provisions of this section from complying with \nany provision of the law of any State or any political subdivision \nthereof, except to the extent that such provisions of State law are \ninconsistent with any provision of this section, and then only to the \nextent of the inconsistency. A provision of State law is not \ninconsistent with this section if such provision affords greater \nprotection to children in respect of handguns than is afforded by this \nsection.\n ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the \nconsumer product safety standard promulgated by the Commission under \nsubsection (a) shall be enforced under this Act as if it were a \nconsumer product safety standard described in section 7(a).\n ``(d) Definitions.--In this section:\n ``(1) Child.--The term `child' means an individual who has \n not attained the age of 13 years.\n ``(2) Locking device.--The term `locking device' has the \n meaning given that term in clauses (i) and (iii) of section \n 921(a)(35)(A) of title 18, United States Code.''.\n (b) Conforming Amendment.--Section 1 of the Consumer Product Safety \nAct is amended by adding at the end of the table of contents the \nfollowing:\n\n ``Sec. 38. Child handgun safety locks.''.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Consumer Product Safety Commission $2,000,000 to \ncarry out the provisions of section 38 of the Consumer Product Safety \nAct, such sums to remain available until expended.","summary":"Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities. Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care. Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act. Sets forth civil penalties for related violations, including suspension or loss of license. Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to initiate a rulemaking proceeding to establish a consumer product safety standard for locking devices.","title":"A bill to amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks.","text_len":10617,"sum_len":1015} {"bill_id":"109_hr3799","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane Katrina Disaster Inquiry \nCommission Act of 2005''.\n\nSEC. 2. DEFINITION.\n\n For purposes of this Act, the term ``Commission'' means the \nCommission established under this Act.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--The President shall establish an independent, \nnonpartisan Commission within the executive branch to discover and \nassess the circumstances related to the damage caused by Hurricane \nKatrina on or between Friday, August 26, 2005, and Tuesday, August 30, \n2005.\n (b) Deadline for Establishment.--The President shall issue an \nexecutive order establishing a Commission within 30 days after the date \nof enactment of this Act.\n\nSEC. 4. COMPOSITION OF COMMISSION.\n\n (a) Number of Commissioners.--The Commission shall consist of 15 \nmembers.\n (b) Selection.--The members of the Commission shall be chosen in \nthe following manner:\n (1) The President of the United States Conference of Mayors \n shall be a member of the Commission.\n (2) The President shall appoint the remaining 14 members, \n and shall designate the Chairman and Vice Chairman of the \n Commission from among its members.\n (3) Five of the 14 members appointed by the President shall \n be selected by the President in the following manner:\n (A) The majority leader of the Senate, the minority \n leader of the Senate, the Speaker of the House of \n Representatives, the minority leader of the House of \n Representatives, and the President of the collective-\n bargaining organization including the largest number of \n emergency medical responders, shall each provide to the \n President a list of candidates for membership on the \n Commission.\n (B) The President shall select one of the \n candidates from each of the 5 lists for membership on \n the Commission.\n (4)(A) No officer or employee of the Federal Government \n shall serve as a member of the Commission.\n (B) No member of the Commission shall have, or have \n pending, a contractual relationship with the Federal Emergency \n Management Agency.\n (C) The President may waive the prohibitions in \n subparagraphs (A) and (B) with respect to the selection of not \n more than 2 members of the Commission.\n (5) The President shall not appoint any individual as a \n member of the Commission who has a current or former \n relationship with the Federal Emergency Management Agency that \n the President determines would constitute a conflict of \n interest.\n (6) To the extent practicable, the President shall ensure \n that the members of the Commission include some individuals \n with experience relative to local government administration, as \n well as some individuals with investigative experience and some \n individuals with legal experience.\n (7) To the extent practicable, the President shall seek \n diversity in the membership of the Commission.\n (c) Deadline for Appointment.--All members of the Commission shall \nbe appointed no later than 60 days after issuance of the executive \norder establishing the Commission.\n (d) Initial Meeting.--The Commission shall meet and begin \noperations as soon as practicable.\n (e) Quorum; Vacancies.--After its initial meeting, the Commission \nshall meet upon the call of the Chairman or a majority of its members. \nEight members of the Commission shall constitute a quorum. Any vacancy \nin the Commission shall not affect its powers, but shall be filled in \nthe same manner in which the original appointment was made.\n\nSEC. 5. TASKS OF THE COMMISSION.\n\n The Commission shall, to the extent possible, undertake the \nfollowing tasks:\n (1) Chronicle the trajectory of Hurricane Katrina, \n including the timetable and locations of its path, and the \n responses made by the Federal, State, and local governments.\n (2) Issue a statement of an estimate as to the loss of \n life, physical and structural damage, and displacement of \n residents as a result of the disaster.\n (3) Make recommendations for corrective actions.\n (4) Provide any additional findings or recommendations \n considered by the Commission to be important, whether or not \n they are related to emergency disaster management.\n (5) Prepare a report to Congress, the President, and the \n public.\n\nSEC. 6. POWERS OF COMMISSION.\n\n (a) In General.--\n (1) Hearings and evidence.--The Commission or, on the \n authority of the Commission, any subcommittee or member \n thereof, may, for the purpose of carrying out this Act--\n (A) hold such hearings and sit and act at such \n times and places, take such testimony, receive such \n evidence, administer such oaths; and\n (B) subject to paragraph (2)(A), require, by \n subpoena or otherwise, the attendance and testimony of \n such witnesses and the production of such books, \n records, correspondence, memoranda, papers, and \n documents,\n as the Commission or such designated subcommittee or designated \n member may determine advisable.\n (2) Subpoenas.--\n (A) Issuance.--\n (i) In general.--A subpoena may be issued \n under this subsection only--\n (I) by the agreement of the \n Chairman and the Vice Chairman; or\n (II) by the affirmative vote of 8 \n members of the Commission.\n (ii) Signature.--Subject to clause (i), \n subpoenas issued under this subsection may be \n issued under the signature of the Chairman or \n any member designated by a majority of the \n Commission, and may be served by any person \n designated by the Chairman or by a member \n designated by a majority of the Commission.\n (B) Enforcement.--\n (i) In general.--In the case of contumacy \n or failure to obey a subpoena issued under \n subparagraph (A), the United States district \n court for the judicial district in which the \n subpoenaed person resides, is served, or may be \n found, or where the subpoena is returnable, may \n issue an order requiring such person to appear \n at any designated place to testify or to \n produce documentary or other evidence. Any \n failure to obey the order of the court may be \n punished by the court as a contempt of that \n court.\n (ii) Additional enforcement.--In the case \n of a failure of a witness to comply with a \n subpoena or to testify when summoned under \n authority of this section, the Commission may, \n by majority vote, certify a statement of fact \n constituting such failure to the appropriate \n United States attorney, who may bring the \n matter before a grand jury for its action, \n under the same statutory authority and \n procedures as if the United States attorney had \n received a certification under sections 102 \n through 104 of the Revised Statutes of the \n United States (2 U.S.C. 192 through 194).\n (b) Contracting.--The Commission may, to such extent and in such \namounts as are provided in appropriation Acts, enter into contracts to \nenable the Commission to discharge its duties under this Act.\n (c) Information From Federal Agencies.--\n (1) In general.--The Commission may secure directly from \n any executive department, bureau, agency, board, commission, \n office, independent establishment, or instrumentality of the \n Government, information, suggestions, estimates, and statistics \n for the purposes of this Act. Each department, bureau, agency, \n board, commission, office, independent establishment, or \n instrumentality shall, to the extent authorized by law, furnish \n such information, suggestions, estimates, and statistics \n directly to the Commission, upon request made by the Chairman, \n the chairman of any subcommittee created by a majority of the \n Commission, or any member designated by a majority of the \n Commission.\n (2) Receipt, handling, storage, and dissemination.--\n Information shall be received, handled, stored, and \n disseminated by members of the Commission and its staff \n consistent with all applicable statutes, regulations, and \n Executive orders.\n (d) Assistance From Federal Agencies.--\n (1) General services administration.--The Administrator of \n General Services shall provide to the Commission on a \n reimbursable basis administrative support and other services \n for the performance of the Commission's tasks.\n (2) Other departments and agencies.--In addition to the \n assistance prescribed in paragraph (1), departments and \n agencies of the United States may provide to the Commission \n such services, funds, facilities, staff, and other support \n services as they may determine advisable and as may be \n authorized by law.\n (e) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as departments \nand agencies of the United States.\n\nSEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.\n\n (a) Public Meetings and Release of Public Versions of Reports.--The \nCommission shall--\n (1) hold public hearings and meetings to the extent \n appropriate; and\n (2) release public versions of the reports required under \n this Act.\n (b) Public Hearings.--Any public hearings of the Commission shall \nbe conducted in a manner consistent with the protection of information \nprovided to or developed for or by the Commission as required by any \napplicable statute, regulation, or Executive order.\n\nSEC. 8. STAFF OF COMMISSION.\n\n (a) In General.--\n (1) Appointment and compensation.--The Chairman, in \n consultation with Vice Chairman, in accordance with rules \n agreed upon by the Commission, may appoint and fix the \n compensation of a staff director and such other personnel as \n may be necessary to enable the Commission to carry out its \n functions, without regard to the provisions of title 5, United \n States Code, governing appointments in the competitive service, \n and without regard to the provisions of chapter 51 and \n subchapter III of chapter 53 of such title relating to \n classification and General Schedule pay rates, except that no \n rate of pay fixed under this paragraph may exceed the \n equivalent of that payable for a position at level V of the \n Executive Schedule under section 5316 of title 5, United States \n Code. Employees of the Federal Emergency Management Agency \n shall not be appointed to the staff of the Commission.\n (2) Personnel as federal employees.--\n (A) In general.--The executive director and any \n personnel of the Commission shall be considered \n employees under section 2105 of title 5, United States \n Code, for purposes of chapters 63, 81, 83, 84, 85, 87, \n 89, and 90 of that title.\n (B) Members of commission.--Subparagraph (A) does \n not apply to members of the Commission.\n (b) Detailees.--Any Federal Government employee, except for an \nemployee of the Federal Emergency Management Agency, may be detailed to \nthe Commission without reimbursement from the Commission, and such \ndetailee shall retain the rights, status, and privileges of his or her \nregular employment without interruption.\n (c) Consultant Services.--The Commission may procure the services \nof experts and consultants in accordance with section 3109 of title 5, \nUnited States Code, but at rates not to exceed the daily rate paid a \nperson occupying a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code.\n\nSEC. 9. COMPENSATION AND TRAVEL EXPENSES.\n\n (a) Compensation.--Each member of the Commission may be compensated \nat not to exceed the daily equivalent of the annual rate of basic pay \nin effect for a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day during which \nthat member is engaged in the actual performance of the duties of the \nCommission.\n (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the Commission, members \nof the Commission shall be allowed travel expenses, including per diem \nin lieu of subsistence, in the same manner as persons employed \nintermittently in the Government service are allowed expenses under \nsection 5703(b) of title 5, United States Code.\n\nSEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.\n\n The appropriate Federal agencies or departments shall cooperate \nwith the Commission in expeditiously providing to the Commission \nmembers and staff appropriate security clearances to the extent \npossible pursuant to existing procedures and requirements. No person \nshall be provided with access to classified information under this Act \nwithout the appropriate security clearances.\n\nSEC. 11. REPORTING REQUIREMENTS AND TERMINATION.\n\n (a) Interim Reports.--The Commission may submit to the President \nand Congress interim reports containing such findings, conclusions, and \nrecommendations for corrective actions as have been agreed to by a \nmajority of Commission members.\n (b) Final Report.--The Commission shall submit to the President and \nCongress, and make concurrently available to the public, a final report \ncontaining such findings, conclusions, and recommendations for \ncorrective actions as have been agreed to by a majority of Commission \nmembers. Such report shall include any minority views or opinions not \nreflected in the majority report.\n (c) Termination.--\n (1) In general.--The Commission, and all the authorities of \n this Act with respect to the Commission, shall terminate 60 \n days after the date on which the final report is submitted \n under subsection (b).\n (2) Administrative activities before termination.--The \n Commission may use the 60-day period referred to in paragraph \n (1) for the purpose of concluding its activities, including \n providing testimony to committees of Congress concerning its \n reports and disseminating the final report.\n\nSEC. 12. FUNDING.\n\n Such sums as are necessary to carry out this Act are authorized to \nbe appropriated. Sums authorized by this Act shall remain available \nuntil the termination of the Commission.","summary":"Hurricane Katrina Disaster Inquiry Commission Act of 2005 - Directs the President to establish an independent nonpartisan Commission within the executive branch to discover and assess the circumstances relating to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. Directs the Commission to: (1) chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the federal, state, and local governments. (2) estimate the loss of life, physical and structural damage, and displacement of residents, (3) recommend corrective actions. And (4) prepare a report to Congress, the President, and the public.","title":"To provide for the establishment of an independent, Presidentially-appointed Commission to assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.","text_len":15966,"sum_len":716} {"bill_id":"115_hr4999","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Stopping Abuse and Fraud in \nElectronic Lending Act of 2018'' or the ``SAFE Lending Act of 2018''.\n\nSEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS.\n\n (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 \nof the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by \nadding at the end the following:\n ``(d) Limitations on Remotely Created Checks.--\n ``(1) Definition.--In this subsection--\n ``(A) the term `remotely created check' means a \n check, including a paper or electronic check and any \n other payment order that the Bureau, by rule, \n determines is appropriately covered under this \n subsection, that--\n ``(i) is not created by the financial \n institution that holds the customer account \n from which the check is to be paid; and\n ``(ii) does not bear a signature applied, \n or purported to be applied, by the person from \n whose account the check is to be paid; and\n ``(B) the term `Federal consumer financial law' has \n the meaning given the term in section 1002 of the \n Consumer Financial Protection Act of 2010 (12 U.S.C. \n 5481).\n ``(2) Limitations.--Subject to the limitations in paragraph \n (3) and any additional limitations that the Bureau may \n establish, by rule, a remotely created check may only be issued \n by a person designated in writing by a consumer with that \n written designation specifically provided by the consumer to \n the insured depository institution at which the consumer \n maintains the account from which the check is to be drawn.\n ``(3) Additional limitations.--\n ``(A) In general.--A designation provided by a \n consumer under paragraph (2) may be revoked at any time \n by the consumer.\n ``(B) Consumer financial protection laws.--No \n payment order, including a remotely created check, may \n be issued by any person in response to the exercise of, \n or attempt to exercise, any right by a consumer under--\n ``(i) any Federal consumer financial law; \n or\n ``(ii) any other provision of any law or \n regulation within the jurisdiction of the \n Bureau.''.\n (b) Consumer Protections for Certain One-Time Electronic Fund \nTransfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. \n1693k) is amended--\n (1) in the matter preceding paragraph (1), by inserting \n ``(a) In General.--'' before ``No person'';\n (2) in subsection (a)(1), as so designated, by striking \n ``preauthorized electronic fund transfers'' and inserting ``an \n electronic fund transfer''; and\n (3) by adding at the end the following:\n ``(b) Treatment for Electronic Fund Transfers in Credit \nExtensions.--If a consumer voluntarily agrees to repay an extension of \na small-dollar consumer credit transaction, as defined in section \n110(a) of the Truth in Lending Act, by means of an electronic fund \ntransfer, the electronic fund transfer shall be treated as a \npreauthorized electronic fund transfer subject to the protections of \nthis title.''.\n\nSEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING.\n\n (a) Small-Dollar Consumer Credit Transactions.--\n (1) In general.--The Truth in Lending Act (15 U.S.C. 1601 \n et seq.) is amended--\n (A) by inserting after section 109 (15 U.S.C. 1608) \n the following:\n\n``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS.\n\n ``(a) Definition.--In this section, the term `small-dollar consumer \ncredit transaction'--\n ``(1) means any transaction that extends credit that is--\n ``(A) made to a consumer in an amount that--\n ``(i) is not more than--\n ``(I) $5,000; or\n ``(II) such greater amount as the \n Bureau may, by rule, determine; and\n ``(ii) shall be adjusted annually to \n reflect changes in the Consumer Price Index for \n all urban consumers published by the Department \n of Labor; and\n ``(B) extended pursuant to an agreement that is--\n ``(i)(I) other than an open end credit \n plan; and\n ``(II) payable in one or more installments \n of less than 12 months (or such longer period \n as the Bureau may, by rule, determine);\n ``(ii) an open end credit plan in which \n each advance is fully repayable within a \n defined time or in connection with a defined \n event, or both; or\n ``(iii) any other plan as the Bureau \n determines, by rule; and\n ``(2) includes any action that facilitates, brokers, \n arranges, or gathers applications for a transaction described \n in paragraph (1).\n ``(b) Registration Requirement.--A person shall register with the \nBureau before issuing credit in a small-dollar consumer credit \ntransaction.''; and\n (B) in section 173 (15 U.S.C. 1666j), by adding at \n the end the following:\n ``(d) Notwithstanding any other provisions of this title, any \nsmall-dollar consumer credit transaction, as defined in section 110(a), \nshall comply with the laws of the State in which the consumer to which \nthe transaction is made resides with respect to annual percentage \nrates, interest, fees, charges, and such other similar or related \nmatters as the Bureau may, by rule, determine if the small-dollar \nconsumer credit transaction is--\n ``(1) made over--\n ``(A) the Internet;\n ``(B) telephone;\n ``(C) facsimile;\n ``(D) mail;\n ``(E) electronic mail; or\n ``(F) other electronic communication; or\n ``(2) conducted by a national bank.''.\n (2) Technical and conforming amendment.--The table of \n sections for chapter 1 of the Truth in Lending Act (15 U.S.C. \n 1601 et seq.) is amended by inserting after the item relating \n to section 109 the following:\n\n``110. Registration requirement for small-dollar lenders.''.\n (b) Prohibition on Certain Fees.--Section 915 of the Electronic \nFund Transfer Act (15 U.S.C. 1693l-1) is amended--\n (1) in subsection (a)(2)(A), in the matter preceding clause \n (i), by striking ``The term'' and inserting ``Subject to \n subsection (d)(1), the term'';\n (2) by redesignating subsection (d) as subsection (e); and\n (3) by inserting after subsection (c) the following:\n ``(d) Additional Fees Prohibited.--\n ``(1) Definition.--In this subsection, the term `prepaid \n account' has the meaning given the term by rule of the Bureau.\n ``(2) Prohibition.--With respect to the use of a prepaid \n account by a consumer--\n ``(A) it shall be unlawful for any person to charge \n the consumer a fee for an overdraft, including a \n shortage of funds or a transaction processed for an \n amount exceeding the account balance of the prepaid \n account;\n ``(B) any transaction for an amount exceeding the \n account balance of the prepaid account may be declined, \n except that the consumer may not be charged a fee for \n that purpose; and\n ``(C) the Bureau may, by rule, prohibit the \n charging of any fee so that the Bureau may--\n ``(i) prevent unfair, deceptive, or abusive \n practices; and\n ``(ii) promote the ability of the consumer \n to understand and compare the costs of prepaid \n accounts.''.\n\nSEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT \n TRANSACTIONS.\n\n (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. \n1631 et seq.) is amended by adding at the end the following:\n\n``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER \n CREDIT TRANSACTIONS.\n\n ``(a) Definitions.--In this section--\n ``(1) the terms `Internet access service' and `Internet \n information location tool' have the meanings given those terms \n in section 231(e) of the Communications Act of 1934 (47 U.S.C. \n 231(e));\n ``(2) the term `sensitive personal financial information' \n means a Social Security number, financial account number, bank \n routing number, bank account number, or security or access code \n that is immediately necessary to permit access to the financial \n account of an individual; and\n ``(3) the term `small-dollar consumer credit transaction' \n has the meaning given the term in section 110(a).\n ``(b) Identification Information.--Any person facilitating, \nbrokering, arranging for, or gathering applications for, the \ndistribution of sensitive personal financial information in connection \nwith a small-dollar consumer credit transaction shall prominently \ndisclose information by which the person may be contacted or \nidentified, including for service of process and for identification of \nthe registrant of any domain name registered or used.\n ``(c) Prohibition on Lead Generation in Small-Dollar Consumer \nCredit Transactions.--No person may facilitate, broker, arrange for, or \ngather applications for the distribution of sensitive personal \nfinancial information in connection with a small-dollar consumer credit \ntransaction, unless the person is directly providing the small-dollar \nconsumer credit to a consumer.\n ``(d) Rule of Construction.--\n ``(1) In general.--Nothing in this section may be construed \n to limit the authority of the Bureau to further restrict \n activities covered by this section.\n ``(2) Clarification.--For the purposes of this section, it \n shall not be considered facilitating the distribution of \n sensitive personal financial information in connection with a \n small-dollar consumer credit transaction to be engaged solely \n in one of the following activities:\n ``(A) The provision of a telecommunications \n service, an Internet access service, or an Internet \n information location tool.\n ``(B) The transmission, storage, retrieval, \n hosting, formatting, or translation (or any combination \n thereof) of a communication, without selection or \n alteration of the content of the communication, except \n the deletion of a particular communication or material \n made by another person in a manner that is consistent \n with section 230(c) of the Communications Act of 1934 \n (47 U.S.C. 230(c)).''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is \namended by adding at the end the following:\n\n``140B. Restrictions on lead generation in small-dollar consumer credit \n transactions.''.\n\nSEC. 5. STUDIES.\n\n (a) Definitions.--In this section--\n (1) the term ``appropriate committees of Congress'' means--\n (A) the Committee on Banking, Housing, and Urban \n Affairs of the Senate;\n (B) the Committee on Indian Affairs of the Senate;\n (C) the Committee on Financial Services of the \n House of Representatives; and\n (D) the Committee on Natural Resources of the House \n of Representatives; and\n (2) the term ``Indian tribe'' has the meaning given the \n term in section 4 of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 5304).\n (b) Study Required.--Not later than 180 days after the date of \nenactment of this Act, the Comptroller General of the United States \nshall conduct a study regarding--\n (1) the availability of capital on reservations of Indian \n tribes; and\n (2) the impact that small-dollar consumer credit extended \n through Internet and non-Internet means to members of Indian \n tribes has had on economic opportunity and wealth for members \n of Indian tribes.\n (c) Consultation.--In conducting the study required under \nsubsection (b), the Comptroller General of the United States shall \nconsult, as appropriate, with--\n (1) the Bureau of Consumer Financial Protection;\n (2) the Board of Governors of the Federal Reserve System;\n (3) the Director of the Bureau of Indian Affairs;\n (4) federally recognized Indian tribes; and\n (5) community development financial institutions operating \n in Indian lands.\n (d) Congressional Consideration.--The Comptroller General of the \nUnited States shall submit to the appropriate committees of Congress \nthe study required under subsection (b).\n\nSEC. 6. RULEMAKING.\n\n Not later than 1 year after the date of enactment of this Act, the \nBureau of Consumer Financial Protection shall adopt any final rules \nnecessary to implement the provisions of this Act and the amendments \nmade by this Act.","summary":"Stopping Abuse and Fraud in Electronic Lending Act of 2018 or the SAFE Lending Act of 2018 This bill amends the Electronic Fund Transfer Act and the Truth in Lending Act. The bill revises requirements related to consumer financial protection and small-dollar lending, including matters concerning remotely created checks, electronic fund transfers, registration of small-dollar lenders, overdraft fees, and the collection of personal information.","title":"Stopping Abuse and Fraud in Electronic Lending Act of 2018","text_len":14292,"sum_len":446} {"bill_id":"103_hr4210","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NATO Expansion Act of 1994''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1) On January 10, 1994, the leaders of the NATO member \n nations meeting in Brussels, Belgium, issued an invitation to \n European countries that do not belong to NATO to participate in \n a program of expanded cooperation with NATO called the \n Partnership for Peace.\n (2) In that invitation, the leaders of the NATO member \n nations stated: ``We reaffirm that the Alliance, as provided in \n Article 10 of the Washington Treaty, remains open to the \n membership of other European states in a position to further \n the principles of the Treaty and to contribute to the security \n of the North Atlantic area. We expect and would welcome NATO \n expansion that would reach to democratic states to our East, as \n part of an evolutionary process, taking into account political \n and security developments in the whole of Europe.''.\n (3) The political and economic transformation of the \n formerly communist-ruled countries of Europe has been under way \n since 1989. In establishing a new Strategic Concept for NATO in \n November 1991, the leaders of the NATO member nations observed: \n ``All the countries that were formerly adversaries of NATO have \n dismantled the Warsaw Pact and rejected ideological hostility \n to the West. They have in varying degrees, embraced and begun \n to implement policies aimed at achieving pluralistic democracy, \n the rule of law, respect for human rights and a market \n economy.''.\n (4) In particular, Poland, Hungary, the Czech Republic, and \n Slovakia have made significant progress toward establishing \n democratic institutions, free market economies, civilian \n control of their armed forces, and the rule of law since the \n fall of their previous communist governments.\n\nSEC. 3. SENSE OF THE CONGRESS.\n\n It is the sense of the Congress that--\n (1) the leaders of the NATO member nations are to be \n commended for reaffirming that NATO membership remains open to \n European countries emerging from communist domination and for \n welcoming eventual expansion of NATO to include such countries;\n (2) Poland, Hungary, the Czech Republic, and Slovakia \n should be in a position to further the principles of the North \n Atlantic Treaty and to contribute to the security of the North \n Atlantic area not later than January 10, 1999, 5 years from the \n date of the establishment of the Partnership for Peace, and, in \n accordance with Article 10 of such Treaty, should be invited to \n become full NATO members not later than that date, provided \n these countries--\n (A) maintain their progress toward establishing \n democratic institutions, free market economies, \n civilian control of their armed forces, and the rule of \n law; and\n (B) remain committed to protecting the rights of \n all their citizens and respecting the territorial \n integrity of their neighbors;\n (3) the United States, other NATO member nations, and NATO \n itself should furnish appropriate assistance to facilitate the \n transition of Poland, Hungary, the Czech Republic, and Slovakia \n to full NATO membership not later than January 10, 1999; and\n (4) other European countries emerging from communist \n domination may be in a position at a future date to further the \n principles of the North Atlantic Treaty and to contribute to \n the security of the North Atlantic area, and at the appropriate \n time they should receive assistance to facilitate their \n transition to full NATO membership and should be invited to \n become full NATO members.\n\nSEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO \n MEMBERSHIP.\n\n (a) In General.--The President may establish a program to assist \nthe transition to full NATO membership of Poland, Hungary, the Czech \nRepublic, Slovakia, and other European countries emerging from \ncommunist domination designated by the President pursuant to subsection \n(e).\n (b) Conduct of Program.--The program established under subsection \n(a) shall facilitate the transition to full NATO membership of the \ncountries described in such subsection by supporting and encouraging, \ninter alia--\n (1) joint planning, training, and military exercises with \n NATO forces;\n (2) greater interoperability of military equipment, air \n defense systems, and command, control, and communications \n systems; and\n (3) conformity of military doctrine.\n (c) Type of Assistance.--In carrying out the program established \nunder subsection (a), the President may provide to the countries \ndescribed in such subsection the following types of security \nassistance:\n (1) The transfer of excess defense articles under section \n 516 of Foreign Assistance Act of 1961, without regard to the \n restrictions in paragraphs (1) through (3) of subsection (a) of \n such section (relating to the eligibility of countries for such \n articles under such section).\n (2) The transfer of nonlethal excess defense articles under \n section 519 of the Foreign Assistance Act of 1961, without \n regard to the restriction in subsection (a) of such section \n (relating to the justification of the foreign military \n financing program for the fiscal year in which a transfer is \n authorized).\n (3) Assistance under chapter 4 of part II of the Foreign \n Assistance Act of 1961 (relating to the Economic Support Fund).\n (4) Assistance under chapter 5 of part II of that Act \n (relating to international military education and training).\n (5) Assistance under section 23 of the Arms Export Control \n Act (relating to the ``Foreign Military Financing Program'').\n (d) Additional assistance.--In addition to the security assistance \nprovided under subsection (c), the President may, in carrying out the \nprogram established under subsection (a), provide assistance from funds \nappropriated after the date of the enactment of this Act under the \nfollowing accounts:\n (1) The ``Nonproliferation and Disarmament Fund'' account.\n (2) The ``Countries in Transition'' account.\n (e) Designation of Other European Countries Emerging From Communist \nDomination.--The President may designate other European countries \nemerging from communist domination to receive assistance under the \nprogram established under subsection (a) if the President determines \nand reports to the appropriate congressional committees that such \ncountries--\n (1) have made significant progress toward establishing \n democratic institutions, a free market economy, civilian \n control of their armed forces, and the rule of law; and\n (2) are likely, within 5 years of such determination, to be \n in a position to further the principles of the North Atlantic \n Treaty and to contribute to the security of the North Atlantic \n area.\n\nSEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS.\n\n The President is authorized to confer, pursuant to agreement with \nany country eligible to participate in the Partnership for Peace, \nrights in respect of the military and related civilian personnel \n(including dependents of any such personnel) and activities of that \ncountry in the United States comparable to the rights conferred by that \ncountry in respect of the military and related civilian personnel \n(including dependents of any such personnel) and activities of the \nUnited States in that country.\n\nSEC. 6. REPORTING REQUIREMENT.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, and at least once every year thereafter, the President \nshall submit to the appropriate congressional committees a report on \nthe implementation of this Act.\n (b) Contents.--Each such report shall include--\n (1) an assessment of the progress made by Poland, Hungary, \n the Czech Republic, Slovakia, and other European countries \n emerging from communist domination designated by the President \n pursuant to section 4(e) toward meeting the standards for NATO \n membership set forth in Article 10 of the North Atlantic \n Treaty, including--\n (A) an assessment of the progress of such countries \n toward establishing democratic institutions, free \n market economies, civilian control of their armed \n forces, and the rule of law; and\n (B) the commitment of such countries in protecting \n the rights of all their citizens and respecting the \n territorial integrity of their neighbors;\n (2) a description of all assistance provided under the \n program established under section 4, or otherwise provided by \n the United States Government to facilitate the transition to \n full NATO membership of Poland, Hungary, the Czech Republic, \n Slovakia, and other European countries emerging from communist \n domination designated by the President pursuant to section \n 4(e);\n (3) a description of all assistance provided by other NATO \n member nations or NATO itself to facilitate the transition to \n full NATO membership of Poland, Hungary, the Czech Republic, \n Slovakia, and other European countries emerging from communist \n domination designated by the President pursuant to section \n 4(e); and\n (4) a description of any agreement entered into pursuant to \n section 5.\n\nSEC. 7. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Foreign Affairs, the Committee on Armed Services, and the \n Committee on Appropriations of the House of Representatives and \n the Committee on Foreign Relations, the Committee on Armed \n Services, and the Committee on Appropriations of the Senate.\n (2) NATO.--The term ``NATO'' means the North Atlantic \n Treaty Organization.\n (3) Other european countries emerging from communist \n domination.--The term ``other European countries emerging from \n communist domination'' means--\n (A) any member of the Conference on Security and \n Cooperation in Europe located--\n (i) in the territory of the former Union of \n Soviet Socialist Republics; or\n (ii) in the territory of the former \n Socialist Federal Republic of Yugoslavia; or\n (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, \n or Albania.","summary":"NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia. Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act. Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law. And (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States.","title":"NATO Expansion Act of 1994","text_len":11422,"sum_len":1628} {"bill_id":"108_s2361","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Training and Research in Urology \nAct of 2004''.\n\nSEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH \n RESPECT TO UROLOGIC DISEASES.\n\n (a) Division Director of Urology.--Section 428 of the Public Health \nService Act (42 U.S.C. 285c-2) is amended--\n (1) in subsection (a)(1), by striking ``and a Division \n Director for Kidney, Urologic, and Hematologic Diseases'' and \n inserting ``a Division Director for Urologic Diseases, and a \n Division Director for Kidney and Hematologic Diseases''; and\n (2) in subsection (b)--\n (A) by striking ``and the Division Director for \n Kidney, Urologic, and Hematologic Diseases'' and \n inserting ``the Division Director for Urologic \n Diseases, and the Division Director for Kidney and \n Hematologic Diseases''; and\n (B) by striking ``(1) carry out programs'' and all \n that follows through the end and inserting the \n following:\n ``(1) carry out programs of support for research and \n training (other than training for which National Research \n Service Awards may be made under section 487) in the diagnosis, \n prevention, and treatment of diabetes mellitus and endocrine \n and metabolic diseases, digestive diseases and nutritional \n disorders, and kidney, urologic, and hematologic diseases, \n including support for training in medical schools, graduate \n clinical training (with particular attention to programs geared \n to the needs of urology residents and fellows), graduate \n training in epidemiology, epidemiology studies, clinical \n trials, and interdisciplinary research programs;\n ``(2) establish programs of evaluation, planning, and \n dissemination of knowledge related to such research and \n training;\n ``(3) in cooperation with the urologic scientific and \n patient community, develop and submit to the Congress not later \n than January 1, 2006, a national urologic research plan that \n identifies research needs in the various areas of urologic \n diseases, including pediatrics, interstitial cystitis, \n incontinence, stone disease, urinary tract infections, and \n benign prostatic diseases; and\n ``(4) in cooperation with the urologic scientific and \n patient community, review the national urologic research plan \n every 3 years beginning in 2009 and submit to the Congress any \n revisions or additional recommendations.''; and\n (3) at the end of the section, by adding the following:\n ``(c) There are authorized to be appropriated $500,000 for each of \nfiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of \nsubsection (b), and such sums as may be necessary thereafter.''.\n (b) Urologic Diseases Data System and Information Clearinghouse.--\nSection 427 of the Public Health Service Act (42 U.S.C. 285c-1) is \namended--\n (1) in subsection (c), by striking the terms ``and \n Urologic'' and ``and urologic'' each place either such term \n appears; and\n (2) by adding at the end the following:\n ``(d) The Director of the Institute shall--\n ``(1) establish the National Urologic Diseases Data System \n for the collection, storage, analysis, retrieval, and \n dissemination of data derived from patient populations with \n urologic diseases, including, where possible, data involving \n general populations for the purpose of detection of individuals \n with a risk of developing urologic diseases; and\n ``(2) establish the National Urologic Diseases Information \n Clearinghouse to facilitate and enhance knowledge and \n understanding of urologic diseases on the part of health \n professionals, patients, and the public through the effective \n dissemination of information.''.\n (c) Strengthening the Urology Interagency Coordinating Committee.--\nSection 429 of the Public Health Service Act (42 U.S.C. 285c-3) is \namended--\n (1) in subsection (a), by striking ``and a Kidney, \n Urologic, and Hematologic Diseases Coordinating Committee'' and \n inserting ``a Urologic Diseases Interagency Coordinating \n Committee, and a Kidney and Hematologic Diseases Interagency \n Coordinating Committee'';\n (2) in subsection (b), by striking ``the Chief Medical \n Director of the Veterans' Administration,'' and inserting ``the \n Under Secretary for Health of the Department of Veterans \n Affairs''; and\n (3) by adding at the end the following:\n ``(d) The urology interagency coordinating committee may encourage, \nconduct, or support intra- or interagency activities in urology \nresearch, including joint training programs, joint research projects, \nplanning activities, and clinical trials.\n ``(e) For the purpose of carrying out the activities of the \nUrologic Diseases Interagency Coordinating Committee, there are \nauthorized to be appropriated $5,000,000 for each of fiscal years 2004 \nthrough 2008, and such sums as may be necessary thereafter.''.\n (d) National Urologic Diseases Advisory Board.--Section 430 of the \nPublic Health Service Act (42 U.S.C. 285c-4) is amended by striking \n``and the National Kidney and Urologic Diseases Advisory Board'' and \ninserting ``the National Urologic Diseases Advisory Board, and the \nNational Kidney Diseases Advisory Board''.\n (e) Expansion of O'Brien Urologic Disease Research Centers.--\n (1) In general.--Subsection (c) of section 431 of the \n Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in \n the matter preceding paragraph (1) by inserting ``There shall \n be no fewer than 15 such centers focused exclusively on \n research of various aspects of urologic diseases, including \n pediatrics, interstitial cystitis, incontinence, stone disease, \n urinary tract infections, and benign prostatic diseases.'' \n before ``Each center developed''.\n (2) Authorization of appropriations.--Section 431 of the \n Public Health Service Act (42 U.S.C. 285c-5) is amended by \n adding at the end the following:\n ``(f) There are authorized to be appropriated for the urologic \ndisease research centers described in subsection (c) $22,500,000 for \neach of fiscal years 2004 through 2008, and such sums as are necessary \nthereafter.''.\n (3) Technical amendment.--Subsection (c) of section 431 of \n the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended \n at the beginning of the unnumbered paragraph--\n (A) by striking ``shall develop and conduct'' and \n inserting ``(2) shall develop and conduct''; and\n (B) by aligning the indentation of such paragraph \n with the indentation of paragraphs (1), (3), and (4).\n (f) Subcommittee on Urologic Diseases.--Section 432 of the Public \nHealth Service Act (42 U.S.C. 285c-6) is amended by striking ``and a \nsubcommittee on kidney, urologic, and hematologic diseases'' and \ninserting ``a subcommittee on urologic diseases, and a subcommittee on \nkidney and hematologic diseases''.\n (g) Loan Repayment To Encourage Urologists and Other Scientists To \nEnter Research Careers.--Subpart 3 of part C of title IV of the Public \nHealth Service Act (42 U.S.C. 285c et seq.) is amended by inserting \nafter section 434A the following:\n\n ``loan repayment program for urology research\n\n ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the \nSecretary shall carry out a program of entering into contracts with \nappropriately qualified health professionals or other qualified \nscientists under which such health professionals or scientists agree to \nconduct research in the field of urology, as employees of the National \nInstitutes of Health or of an academic department, division, or section \nof urology, in consideration of the Federal Government agreeing to \nrepay, for each year of such research, not more than $35,000 of the \nprincipal and interest of the educational loans of such health \nprofessionals or scientists.\n ``(b) Limitation.--The Secretary may not enter into an agreement \nwith a health professional or scientist pursuant to subsection (a) \nunless the professional or scientist--\n ``(1) has a substantial amount of educational loans \n relative to income; and\n ``(2) agrees to serve as an employee of the National \n Institutes of Health or of an academic department, division, or \n section of urology for purposes of the research requirement of \n subsection (a) for a period of not less than 3 years.\n ``(c) Applicability of Certain Provisions.--Except as inconsistent \nwith this section, the provisions of subpart 3 of part D of title III \napply to the program established under subsection (a) in the same \nmanner and to the same extent as such provisions apply to the National \nHealth Service Corps Loan Repayment Program established under such \nsubpart.''.\n (h) Authorization of Appropriations for Urology Research.--Subpart \n3 of part C of title IV of the Public Health Service Act (42 U.S.C. \n285c et seq.) (as amended by subsection (g)) is further amended by \ninserting after section 434B the following:\n\n ``authorization of appropriations for urology research\n\n ``Sec. 434C. There are authorized to be appropriated to the \nDirector of NIH for the purpose of carrying out intra- and interagency \nactivities in urology research (including training programs, joint \nresearch projects, and joint clinical trials) $5,000,000 for each of \nfiscal years 2004 through 2008, and such sums as may be necessary \nthereafter. Amounts authorized to be appropriated under this section \nshall be in addition to amounts otherwise available for such \npurpose.''.","summary":"Training and Research in Urology Act of 2004 - Amends the Public Health Service Act to separate the research and training on urologic diseases from that of kidney and hematologic diseases. Replaces the Division Director for Kidney, Urologic, and Hematologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases with a Division Director for Urologic Diseases and a Division Director for Kidney and Hematologic Diseases. Requires the Director of the Institute to: (1) give particular attention to supporting research and training programs geared to the needs of urology residents and fellows. And (2) submit to Congress a national urologic research plan and review such plan every three years. Replaces the National Kidney and Urologic Diseases Data System, the National Kidney and Urologic Diseases Information Clearinghouse, and the National Kidney and Urologic Diseases Advisory Board with separate data systems, information clearinghouses, and advisory boards for kidney diseases and urologic diseases. Replaces the Kidney, Urologic, and Hematologic Diseases Interagency Coordinating Committee and the Institute's advisory panel subcommittee on kidney, urologic, and hematologic diseases with separate coordinating committees and subcommittees for: (1) kidney and hematologic diseases. And (2) urologic diseases. Requires at least 15 of the centers developed for research in kidney and urologic diseases under the Public Health Service Act to focus exclusively on urologic diseases. Directs the Secretary of Health and Human Services to establish a loan repayment program for urology research.","title":"A bill to amend the Public Health Service Act to enhance research, training, and health information dissemination with respect to urologic diseases, and for other purposes.","text_len":10167,"sum_len":1623} {"bill_id":"107_hr5460","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reclamation Recreation Management \nAct of 2002''.\n\nSEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT.\n\n (a) Congressional Policy.--The first section of the Federal Water \nProject Recreation Act (16 U.S.C. 460l-12) is amended by striking \n``public bodies'' and inserting ``entities''.\n (b) Allocation of Costs.--Section 2 of the Federal Water Project \nRecreation Act (16 U.S.C. 460l-13) is amended--\n (1) in subsection (a) by striking ``, before authorization \n of a project,'';\n (2) in subsection (a), by striking ``public bodies'' and \n inserting ``entities'' and by striking ``Projects authorized \n during the calendar year'' and all that follows to the end of \n the subsection;\n (3) in subsection (b) by striking ``non-Federal interests'' \n each place it appears and inserting ``non-Federal entities'';\n (4) in subsection (b)(2)--\n (A) by striking ``: Provided, That the source of \n repayment may be limited to'' and inserting ``. The \n source of repayment may include''; and\n (B) by inserting ``and retained'' after \n ``collected''; and\n (5) in subsection (b)(2) by adding at the end the \n following: ``Fees and charges may be collected, retained and \n used by the non-Federal entities for operation, maintenance, \n and replacement of recreation facilities on project lands and \n waters being managed by the non-Federal entities. As \n established by the Secretary, any excess revenues will be \n credited to the Reclamation Fund to remain available, without \n further Act of appropriation, to support recreation development \n and management of Bureau of Reclamation land and water \n areas.''.\n (c) Recreation and Fish and Wildlife Enhancement.--Section 3 of the \nFederal Water Project Recreation Act (16 U.S.C. 460l-14) is amended--\n (1) by striking subsection (a), redesignating subsection \n (b) as subsection (a), and inserting after subsection (a) (as \n so redesignated) the following:\n ``(b) In the absence of a non-Federal managing partner, the \nSecretary of the Interior, acting through the Commissioner of \nReclamation, is authorized, as a part of any water resource development \nproject under the Secretary's control heretofore or hereafter \nauthorized or reauthorized, to investigate, plan, construct, replace, \nmanage, operate and maintain or otherwise provide for public use and \nenjoyment of project lands, facilities, and water areas in a manner \ncoordinated with the other project purposes; the costs of which are \nnonreimbursable.'';\n (2) in subsection (a) (as so redesignated)--\n (A) by inserting ``or enhance'' after ``project \n construction to preserve'';\n (B) by striking ``enhancement potential'' each \n place it appears and inserting ``resources'';\n (C) by striking ``public bodies'' each place it \n appears and inserting ``entities'';\n (D) by striking ``public body'' and inserting \n ``entity''; and\n (E) by striking ``or, in the absence thereof, will \n not detract from that potential'';\n (3) in subsection (c)(1)(B) by striking ``public body'' \n each place it appears and inserting ``entity''; and\n (4) by adding at the end of subsection (c) the following:\n ``(3) In the absence of a non-Federal managing partner, the \nSecretary of the Interior, acting through the Commissioner of \nReclamation, may modify or expand existing facilities, the costs of \nwhich are nonreimbursable.''.\n (d) Lease of Facilities.--\n (1) Repeal.--Section 4 of the Federal Water Project \n Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 5 \n through 12 of such Act are redesignated as sections 4 through \n 11, respectively.\n (2) Conforming amendment.--Section 6(e) of the Federal \n Water Project Recreation Act (16 U.S.C. 460l-17(e)) is amended \n by striking ``4, and 5'' and inserting ``, and 4''.\n (e) Post Authorization Development.--Section 5 of the Federal Water \nProject Recreation Act (16 U.S.C. 460l-16) is amended by striking \n``public bodies'' and inserting ``entities''.\n (f) Provision of Facilities.--Section 7 of the Federal Water \nProject Recreation Act (16 U.S.C. 460l-18) is amended--\n (1) in subsection (e) by striking ``and 5'' and inserting \n ``and between 3 and 4'';\n (2) in subsection (g) by striking ``3(b)'' and inserting \n ``3(a)''; and\n (3) in subsection (h) by striking ``public bodies'' and \n inserting ``entities''; and by striking ``3(b)'' and inserting \n ``3(a)''.\n (g) Miscellaneous Reports.--Section 6 of the Federal Water Project \nRecreation Act (16 U.S.C. 460l-17) is amended by adding at the end the \nfollowing:\n ``(i) Amounts collected under section 2805 of Public Law 102-575 \nfor admission to or recreation use of project land and waters shall be \ndeposited in a special account in the Reclamation Fund and remain \navailable to the Commissioner of Reclamation without further \nappropriation until expended. Such funds may be used for the \ndevelopment, reconstruction, replacement, management, and operation of \nrecreation resources on project lands and waters with not less than 60 \npercent being used at the site from which the fees were collected.''.\n (h) Management for Recreation, Fish and Wildlife, and Other \nResources.--Section 7 of the Federal Water Project Recreation Act (16 \nU.S.C. 460l-18) is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a) The Secretary of the Interior, acting through the \nCommissioner of Reclamation, is authorized, in conjunction with any \nwater resource development project heretofore or hereafter constructed \nor which is otherwise under the Secretary's control, to--\n ``(1) investigate, plan, design, construct, replace, \n manage, operate, and maintain or otherwise provide for \n recreation and fish and wildlife enhancement facilities and \n services, the costs of which may be nonreimbursable;\n ``(2) provide for public use and enjoyment of project \n lands, facilities, and water areas in a manner coordinated with \n the other project purposes, including by entering into grants, \n cooperative agreements, and similar instruments with non-\n Federal entities, without cost sharing, for recreation projects \n and activities; and\n ``(3) to acquire or otherwise make available such adjacent \n lands or interests therein as are necessary for public \n recreation or fish and wildlife use.'';\n (2) in subsection (b)--\n (A) by inserting ``, acting through the \n Commissioner of Reclamation,'' after ``the Secretary of \n the Interior'';\n (B) by inserting ``and management'' after \n ``administration'';\n (C) by striking ``lease''; and\n (D) by adding at the end the following: ``All such \n agreements or contracts for administration or \n management shall identify the terms and conditions of \n administration, management, and use, approvals required \n from Bureau of Reclamation, and assure public access to \n project lands managed for recreation.'';\n (3) by adding at the end the following:\n ``(d) The Secretary of the Interior, acting through the \nCommissioner of Reclamation, is also authorized to enter into \nagreements with other non-Federal entities for recreation and \nconcession management at Bureau of Reclamation projects. All such \nagreements or contracts for management shall identify the terms and \nconditions of management and use, approvals required from the Bureau of \nReclamation, and assure public access to project lands managed for \nrecreation.''; and\n ``(e) The Secretary of the Interior, acting through the \nCommissioner of Reclamation, is authorized to approve the \nadministration, management, and use of Bureau of Reclamation lands, \nwaters, and the resources thereon by means of easements, leases, \nlicenses, contracts, permits, and other forms of conveyance \ninstruments.\n ``(f) The Secretary of the Interior, acting through the \nCommissioner of Reclamation, is authorized to produce, sell, or \notherwise make available to the public: information about Bureau of \nReclamation programs including publications, photographs, computer \ndiscs, maps, brochures, posters, videos, and other memorabilia related \nto the Bureau of Reclamation, and the natural, historic, and cultural \nresources of the area; and, other appropriate and suitable merchandise \nto enhance the public's use of the area. Income from such sales shall \nbe credited to the Reclamation Fund to remain available, without \nfurther Act of appropriation, to pay costs associated with the \nproduction and sale of items, and any remaining revenue shall be \navailable, without further Act of appropriation, to support recreation \ndevelopment and management of Bureau of Reclamation land and water \nareas.''.\n (i) Definitions.--Section 10 of the Federal Water Project \nRecreation Act (16 U.S.C. 460l-21) is amended by adding at the end the \nfollowing:\n ``(f) The term `non-Federal entity' means non-Federal public \nbodies, nonprofit organizations, Indian tribes, or entities within the \nprivate sector.''.\n (j) Authorization of Appropriations.--The Federal Water Project \nRecreation Act (16 U.S.C. 460l-12 et seq.) is amended by redesignating \nsection 11 (as redesignated by subsection (d) of this section) as \nsection 12, and by inserting after section 10 the following:\n\n``SEC. 11. AVAILABILITY OF APPROPRIATIONS.\n\n ``Funds appropriated under this section may remain available until \nexpended.''.\n (k) Limitation on Application.--This section and the amendments \nmade by this section shall apply only to water resource development \nprojects under the control of the Secretary of the Interior.\n\nSEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR.\n\n (a) Construction of Facilities.--As soon as practicable after funds \nare made available for this section, the Secretary of the Interior \nshall construct recreational facilities at Lost Creek Reservoir in \nUtah.\n (b) Maintenance and Operation of Facilities.--Construction of \nrecreational facilities under subsection (a) shall begin only after the \nSecretary has entered into a cooperative agreement with the State of \nUtah that provides for the operation and maintenance of the \nrecreational facilities.\n (c) Cost Sharing.--The Federal share of the cost of construction \ncarried out under this section shall be 50 percent.\n\nSEC. 4. TECHNICAL CORRECTION.\n\n Section 1(g) of Public Law 107-69 (115 Stat. 595) is amended by \nstriking ``section 2(c)(1)'' and inserting ``subsection (c)(1)''.\n\nSEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER RECLAMATION AND \n REUSE PROJECT.\n\n (a) Authorization of Project.--The Reclamation Wastewater and \nGroundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 \nU.S.C. 390h et seq.) is amended by adding at the end the following:\n\n``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE PROJECT.\n\n ``(a) Authorization.--The Secretary, in cooperation with the City \nof Austin Water and Wastewater Utility, Texas, is authorized to \nparticipate in the planning (including an appraisal and feasibility \nstudy), design, and construction of, and land acquisition for, a \nproject to reclaim and reuse wastewater, including degraded \ngroundwaters, within and outside of the service area of the City of \nAustin Water and Wastewater Utility, Texas.\n ``(b) Cost Share.--The Federal share of the cost of the project \nauthorized by this section shall not exceed 25 percent of the total \ncost of the project.\n ``(c) Limitation.--The Secretary shall not provide funds for the \noperation and maintenance of the project authorized by this section.''.\n (b) Clerical Amendment.--The table of contents in section 2 of \nPublic Law 102-575 (106 Stat. 4600) is amended by adding at the end of \nthe items relating to chapter XVI the following:\n\n``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''.\n\nSEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY.\n\n (a) Authorization of Feasibility Study.--Pursuant to the \nreclamation laws, the Secretary of the Interior, through the Bureau of \nReclamation, may conduct a feasibility study on raising the height of \nArthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir \nfor the development of additional storage to meet water supply needs \nwithin the Weber Basin Project area. The feasibility study shall \ninclude such environmental evaluation as required under the National \nEnvironmental Policy Act of 1969 and a cost allocation as required \nunder the Reclamation Projects Act of 1939.\n (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary shall submit a report on the results of the \nstudy to the Congress for review and approval.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out this section $2,000,000.\n\nSEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.\n\n (a) Authorization of Cooperative and Interagency Agreements.--\nSection 3(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 \nnote) is amended in the first sentence by inserting ``and cooperative \nand interagency agreements'' after ``contracts''.\n (b) Authorization of Appropriations.--Section 8 of such Act is \namended--\n (1) in subsection (a) by striking ``1997 through 2002'' and \n inserting ``2003 through 2008''; and\n (2) in subsection (b) by striking ``$25,000,000 for fiscal \n years 1997 through 2002'' and inserting ``$25,000,000 for \n fiscal years 2003 through 2008''.\n\n Passed the House of Representatives October 1, 2002.\n\n Attest:\n\n JEFF TRANDAHL,\n\n Clerk.","summary":"Reclamation Recreation Management Act of 2002 - Amends the Federal Water Project Recreation Act to allow fees to be collected under a project for recreation or fish and wildlife enhancement (project) and retained and used by the participating non-federal entities for operation, maintenance, and replacement of recreation facilities on project lands and waters being managed by such entities. Requires excess revenues to be credited to the Reclamation Fund. Repeals provisions limiting the modification of such projects. Authorizes the Secretary of the Interior to: (1) investigate, plan, construct, replace, manage, operate, maintain, or otherwise provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes. And (2) modify or expand existing facilities. Requires: (1) amounts collected for admission to or recreation use of project land and waters to be deposited into a special account in the Fund. And (2) at least 60 percent of such amounts to be used at the site from which the fees were collected. Authorizes the Secretary to: (1) investigate, plan, design, construct, replace, manage, operate, and maintain recreation and fish and wildlife enhancement facilities and services. And (2) acquire or otherwise make available adjacent lands or interests for public recreation or fish and wildlife use. Authorizes the Secretary to: (1) enter into agreements with other non-federal entities for recreation and concession management at Bureau of Reclamation projects. And (2) make available to the public information about Bureau programs. Directs the Secretary to construct recreational facilities at Lost Creek Reservoir, Utah. Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary to participate in the planning, design, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside the service area of the City of Austin Water and Wastewater Utility, Texas. Prohibits the Federal cost share of such project from exceeding 25 percent. Authorizes the Secretary to conduct a feasibility study on raising the height of Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir for the development of additional storage to meet water supply needs within the Weber Basin Project area. Requires a report from the Secretary to Congress. Authorizes appropriations. Amends the Water Desalination Act of 1996 to: (1) authorize the Secretary to enter into cooperative and interagency agreements for research to develop processes for converting saline water into water suitable for beneficial uses, and (2) extend the authorization of appropriations through FY 2008.","title":"To reauthorize and amend the Federal Water Project Recreation Act, and for other purposes.","text_len":14557,"sum_len":2772} {"bill_id":"110_s3719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Retirement Account Distribution \nImprovement Act of 2008''.\n\nSEC. 2. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR \n CERTAIN RETIREMENT PLANS AND ACCOUNTS.\n\n (a) In General.--Section 401(a)(9) of the Internal Revenue Code of \n1986 (relating to required distributions) is amended by adding at the \nend the following new subparagraph:\n ``(H) Temporary waiver of minimum required \n distribution.--\n ``(i) In general.--The requirements of this \n paragraph shall not apply in calendar year \n 2008, 2009, or 2010 to--\n ``(I) a defined contribution plan \n which is described in this subsection \n or in section 403(a) or 403(b),\n ``(II) a defined contribution plan \n which is an eligible deferred \n compensation plan described in section \n 457(b) but only if such plan is \n maintained by an employer described in \n section 457(e)(1)(A), or\n ``(III) an individual retirement \n plan.\n ``(ii) Plans only to make elective \n distributions.--A trust forming part of a plan \n shall not constitute a qualified trust under \n this subsection unless the plan provides that \n it will not make a payment or distribution \n during calendar year 2009 or 2010 which would \n otherwise be made to meet the requirements of \n this paragraph unless the employee or \n beneficiary elects to have such payment or \n distribution made. This clause shall not apply \n to an employee or beneficiary who is receiving, \n after the annuity starting date, distributions \n under the plan through an annuity contract \n issued by a company licensed to do business as \n an insurance company under the laws of any \n State.\n ``(iii) Election.--An election under clause \n (ii) shall be made at such time and in such \n manner as the Secretary may prescribe. The \n Secretary may permit an employer to offer only \n 1 election that applies to 2009 and 2010 or may \n require employers to offer separate elections \n for each calendar year.\n ``(iv) Individual retirement plans exempt \n from elective distribution requirement.--In the \n case of an individual retirement account or \n annuity described in section 408, this \n subparagraph shall be applied without regard to \n clauses (ii) and (iii).\n ``(v) Special rules regarding waiver \n period.--For purposes of this paragraph--\n ``(I) the required beginning date \n with respect to any individual shall be \n determined without regard to this \n subparagraph for purposes of applying \n this paragraph to calendar years after \n 2010, and\n ``(II) if clause (ii) of \n subparagraph (B) applies to such \n individual, the 5-year period described \n in such clause shall be determined \n without regard to calendar years 2008, \n 2009, or 2010.''.\n (b) Eligible Rollover Distributions.--Section 402(c)(4) of the \nInternal Revenue Code of 1986 (defining eligible rollover distribution) \nis amended by adding at the end the following new flush sentence:\n ``If all or any portion of a distribution during 2008, 2009, or \n 2010 is treated as an eligible rollover distribution but would \n not be so treated if the minimum distribution requirements \n under section 401(a)(9) had applied during such calendar year, \n such distribution shall not be treated as an eligible rollover \n distribution for purposes of section 401(a)(31) or 3405(c) or \n subsection (f) of this section''.\n (c) Effective Dates.--\n (1) In general.--The amendments made by this section shall \n apply to taxable years beginning after December 31, 2007.\n (2) Recontributions of distributions in 2008 or early \n 2009.--\n (A) In general.--If a person receives 1 or more \n eligible distributions, the person may, on or before \n July 1, 2009, make one or more contributions (in an \n aggregate amount not exceeding all eligible \n distributions) to an eligible retirement plan and to \n which a rollover contribution of such distribution \n could be made under section 402(c), 403(a)(4), \n 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal \n Revenue Code of 1986, as the case may be. For purposes \n of the preceding sentence, rules similar to the rules \n of clauses (ii) and (iii) of section 402(c)(11)(A) of \n such Code shall apply in the case of a beneficiary who \n is not the surviving spouse of the employee or of the \n owner of the individual retirement plan.\n (B) Eligible distribution.--For purposes of this \n paragraph--\n (i) In general.--Except as provided in \n clause (ii), the term ``eligible distribution'' \n means an applicable distribution to a person \n from an individual account or annuity--\n (I) under a plan which is described \n in clause (iv), and\n (II) from which a distribution \n would, but for the application of \n section 401(a)(9)(H) of such Code, have \n been required to have been made to the \n individual for 2008 or 2009, whichever \n is applicable, in order to satisfy the \n requirements of sections 401(a)(9), \n 404(a)(2), 403(b)(10), 408(a)(6), \n 408(b)(3), and 457(d)(2) of such Code.\n (ii) Eligible distributions limited to \n required distributions.--The aggregate amount \n of applicable distributions which may be \n treated as eligible distributions for purposes \n of this paragraph shall not exceed--\n (I) for purposes of applying \n subparagraph (A) to distributions made \n in 2008, the amount which would, but \n for the application of section \n 401(a)(9)(H) of such Code, have been \n required to have been made to the \n individual in order to satisfy the \n requirements of sections 401(a)(9), \n 404(a)(2), 403(b)(10), 408(a)(6), \n 408(b)(3), and 457(d)(2) of such Code \n for 2008, and\n (II) for purposes of applying \n subparagraph (A) to distributions made \n in 2009, the sum of the amount which \n would, but for the application of such \n section 401(a)(9)(H), have been \n required to have been made to the \n individual in order to satisfy such \n requirements for 2009, plus the excess \n (if any) of the amount described in \n subclause (I) which may be distributed \n in 2009 to meet such requirements for \n 2008 over the portion of such amount \n taken into account under subclause (I) \n for distributions made in 2008.\n (iii) Applicable distribution.--\n (I) In general.--The term \n ``applicable distribution'' means a \n payment or distribution which is made \n during the period beginning on January \n 1, 2008, and ending on June 30, 2009.\n (II) Exception for minimum required \n distributions for other years.--Such \n term shall not include a payment or \n distribution which is required to be \n made in order to satisfy the \n requirements of section 401(a)(9), \n 404(a)(2), 403(b)(10), 408(a)(6), \n 408(b)(3), or 457(d)(2) of such Code \n for a calendar year other than 2008 or \n 2009.\n (III) Exception for payments in a \n series.--In the case of any plan \n described in clause (iv)(I), such term \n shall not include any payment or \n distribution made in 2009 which is a \n payment or distribution described in \n section 402(c)(4)(A).\n (iv) Plans described.--A plan is described \n in this clause if the plan is--\n (I) a defined contribution plan \n (within the meaning of section 414(i) \n of such Code) which is described in \n section 401, 403(a), or 403(b) of such \n Code or which is an eligible deferred \n compensation plan described in section \n 457(b) of such Code maintained by an \n eligible employer described in section \n 457(e)(1)(A) of such Code, or\n (II) an individual retirement plan \n (as defined in section 7701(a)(37) of \n such Code).\n (C) Treatment of repayments of distributions from \n eligible retirement plans other than iras.--For \n purposes of the Internal Revenue Code of 1986, if a \n contribution is made pursuant to subparagraph (A) with \n respect to a payment or distribution from a plan other \n than an individual retirement plan, then the taxpayer \n shall, to the extent of the amount of the contribution, \n be treated as having received the payment or \n distribution in an eligible rollover distribution (as \n defined in section 402(c)(4) of such Code) and as \n having transferred the amount to the plan in a direct \n trustee to trustee transfer.\n (D) Treatment of repayments for distributions from \n iras.--For purposes of the Internal Revenue Code of \n 1986, if a contribution is made pursuant to \n subparagraph (A) with respect to a payment or \n distribution from an individual retirement plan (as \n defined by section 7701(a)(37) of such Code), then, to \n the extent of the amount of the contribution, such \n payments or distributions shall be treated as a \n distribution that satisfies subparagraphs (A) and (B) \n of section 408(d)(3) of such Code and as having been \n transferred to the individual retirement plan in a \n direct trustee to trustee transfer.\n (3) Provisions relating to plan or contract amendments.--\n (A) In general.--If this paragraph applies to any \n pension plan or contract amendment, such pension plan \n or contract shall be treated as being operated in \n accordance with the terms of the plan during the period \n described in subparagraph (B)(ii)(I).\n (B) Amendments to which paragraph applies.--\n (i) In general.--This paragraph shall apply \n to any amendment to any pension plan or annuity \n contract which--\n (I) is made by pursuant to the \n amendments made by this section, and\n (II) is made on or before the last \n day of the first plan year beginning on \n or after January 1, 2011.\n In the case of a governmental plan, subclause \n (II) shall be applied by substituting ``2012'' \n for ``2011''.\n (ii) Conditions.--This paragraph shall not \n apply to any amendment unless--\n (I) during the period beginning on \n January 1, 2009, and ending on December \n 31, 2010 (or, if earlier, the date the \n plan or contract amendment is adopted), \n the plan or contract is operated as if \n such plan or contract amendment were in \n effect; and\n (II) such plan or contract \n amendment applies retroactively for \n such period.","summary":"Retirement Account Distribution Improvement Act of 2008 - Amends the Internal Revenue Code to suspend in 2008, 2009, and 2010 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution in 2008 to recontribute such distribution to their retirement plans by July 1, 2009.","title":"A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008, 2009, and 2010.","text_len":15386,"sum_len":352} {"bill_id":"109_hr5288","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Health Plans Act of \n2006''.\n\nSEC. 2. SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP).\n\n (a) Establishment.--The Secretary of Health and Human Services \nshall establish a small business health benefits program under which \nsmall employers may offer health insurance coverage to employees and \ntheir dependents.\n (b) Program Elements.--Under the SBHBP:\n (1) Access to insurance.--Small employers are provided \n access, for years beginning on or after January 1, 2007, to \n qualified health pooling arrangements under which their \n employees may elect self-only or family health insurance \n coverage under at least 2 health insurance coverage policies, \n regardless of whether premium assistance referred to in \n paragraph (2) is available with respect to such employer.\n (2) Premium assistance for small employers.--Premium \n assistance is available under subsection (c) to assist small \n employers in the payment of premiums for the health insurance \n coverage provided.\n (3) Employer share of premiums.--\n (A) In general.--Small employers are provided \n access to health insurance coverage, and may be \n eligible for premium assistance under subsection (c), \n only if they pay (before the application of any premium \n assistance under subsection (c)) at least 50 percent of \n the premiums for coverage of their employees, but such \n employers are not required to pay for the portion of \n the premiums for dependents of employees.\n (B) Construction.--Nothing in this section shall be \n construed as preventing an employee from applying the \n payment described in subparagraph (A) towards the \n payment of premiums for family health insurance \n coverage.\n (4) Health insurance coverage.--\n (A) In general.--Health insurance coverage offered \n thereunder shall meet the following requirements:\n (i) The Secretary determines that the \n coverage is substantially similar to health \n benefits coverage in any of the four largest \n health benefit plans (determined by enrollment) \n offered under chapter 89 of title 5, United \n States Code.\n (ii) The coverage complies with State laws \n and regulations (including applicable benefit \n mandates and other consumer protections) for \n group health insurance coverage for the State \n in which the coverage is offered.\n (iii) The coverage does not discriminate, \n through underwriting, the imposition of a pre-\n existing condition exclusion (as defined in \n section 701(b)(1)(A) of the Employee Retirement \n Income Security Act of 1974 or section \n 9801(b)(1)(A) of the Internal Revenue Code of \n 1986), differential benefits, differential \n premiums, or otherwise, against an employee or \n dependent on the basis of health status.\n (iv) The Secretary determines that the \n coverage provided to employees is coordinated, \n in accordance with regulations prescribed by \n the Secretary, with other coverage provided \n under governmental health benefits programs \n under which health benefits coverage is \n available to such employees.\n (B) Standards for participating health insurers.--\n In administering the program, the Secretary shall \n promote participation by health insurers that \n establish--\n (i) integration of health information \n technology tools to promote quality;\n (ii) chronic disease management;\n (iii) preventive health care services; and\n (iv) evidence-based medicine considerations \n of prescription drugs and other treatment that \n take into account the individual medical \n circumstances of individuals enrolled in the \n program.\n (5) Enrollment.--In administering the program, the \n Secretary shall provide that employee enrollment (and changes \n in enrollment) are limited to an annual open enrollment period, \n except in the case of qualifying events (such as change in \n family status) specified by the Secretary and consistent with \n section 701(f) of the Employee Retirement Income Security Act \n of 1974 (29 U.S.C. 1181(f)).\n (c) Premium Assistance.--Under the SBHBP, the Secretary shall \nestablish a program of premium assistance for small employers. Such \nprogram shall provide for a sliding scale of assistance to such \nemployers taking into account the following:\n (1) The number of employees of the employer.\n (2) The average wage level of such employees relative to \n the average wage level for employees in the same geographic \n area.\n (3) The profit margin of the employer.\n (d) Reinsurance for Catastrophic Costs for Certain Health Insurance \nIssuers.--\n (1) In general.--In the case of health insurance coverage \n offered under the SBHBP by a health insurance issuer that \n participates in a qualified health pooling arrangement, the \n Secretary shall provide for reinsurance coverage for 75 percent \n of covered claims that exceed, for an individual for a year, an \n amount determined by the Secretary for such year which is not \n less than the minimum amount specified in paragraph (2).\n (2) Minimum amount.--The minimum amount specified in this \n paragraph is--\n (A) for the first year in which this section is in \n effect, $100,000; or\n (B) for a subsequent year is the minimum amount \n specified in this paragraph for a previous year, \n increased by the Secretary's estimate of the average \n annual percentage increase in health insurance coverage \n with a median level of premiums for the previous year.\n Any amount determined under subparagraph (B) which is not a \n multiple of $1,000 shall be rounded to the nearest multiple of \n $1,000.\n (e) Qualified Health Pooling Arrangement.--For purposes of this \nsection, the term ``qualified health pooling arrangement'' means, with \nrespect to employees employed in any State for any year--\n (1) except as provided in subparagraph (B), an arrangement \n established by (and operating under the oversight of) such \n State for purposes of this section, in accordance with \n regulations of the Secretary, which provides for pooling of \n health insurance coverage offered for such year in such State, \n and\n (2) in any case in which there is not in effect for any \n year an arrangement described in subparagraph (A) established \n by such State, the national health pooling arrangement \n established under section 3.\nThe Secretary shall determine, within a reasonable time prior to each \nyear, whether there is a qualified health pooling arrangement described \nin paragraph (1) with respect to employees employed in any State.\n (f) Small Employer Defined.--\n (1) In general.--For purposes of this Act, except as \n otherwise provided in this subsection, the term ``small \n employer'' means an employer with 50 or fewer employees, as \n determined under regulations promulgated by the Secretary.\n (2) Continuation of participation.--An employer whose \n employees are provided health insurance coverage under the \n SBHBP while the employer is a small employer as defined in \n paragraph (1) and who thereafter has more than 50 employees \n shall continue to be treated as a small employer.\n (3) Employers not in existence in preceding year.--In the \n case of an employer which was not in existence for the full \n year prior to the date on which the employer applies to \n participate in SBHBP, the determination of whether such \n employer meets the requirements of paragraph (1) shall be based \n on the average number of employees that it is reasonably \n expected such employer will employ on business days in the \n employer's first full year.\n (4) Waiver.--The Secretary may waive the limitations \n relating to the size of an employer which may participate under \n SBHBP on a case by case basis if the Secretary determines that \n such employer makes a compelling case for such a waiver. In \n making determinations under this paragraph, the Secretary shall \n consider the effects of the employment of temporary and \n seasonal workers and other related factors.\n (g) Other Definitions.--For purposes of this Act:\n (1) The terms ``employee'' and ``dependent'' have the \n meanings given such terms by the Secretary in regulations and \n shall be based upon the definitions of such terms used for \n purposes of the Federal employee health benefits program \n established under chapter 89 of title 5, United States Code.\n (2) The terms ``health insurance coverage'' and ``health \n insurance issuer'' have the meanings given such terms in \n section 2791(b) of the Public Health Service Act (42 U.S.C. \n 300gg-91(b)).\n (3) The term ``Secretary'' means the Secretary of Health \n and Human Services.\n (4) The term ``SBHBP'' means the small business health \n benefits program established under this section.\n (5) The term ``State'' has the meaning given such term in \n section 2791(d)(14) of the Public Health Service Act (42 U.S.C. \n 300gg-91(d)(14)).\n (h) Grants for Establishment of State Qualified Health Pooling \nArrangements.--\n (1) In general.--The Secretary shall provide grants to \n States for the establishment and initial administration of \n qualified health pooling arrangements described in subsection \n (e)(1).\n (2) Authorization of appropriations.--There are authorized \n to be appropriated such sums as may be necessary to carry out \n this subsection.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT.\n\n (a) In General.--The Secretary of Health and Human Services and the \nSecretary of Labor, acting jointly and in consultation with the \nDirector of the Office of Personnel Management, shall provide for--\n (1) the offering on a timely basis consistent with section \n 2 of a national health pooling arrangement to eligible small \n employers; and\n (2) appropriate oversight over any such arrangement.\n (b) Specific Requirements.--In carrying out subsection (a), the \nSecretaries shall--\n (1) model the national health pooling arrangement on the \n Federal employees health benefits program under chapter 89 of \n title 5, United States Code, to the extent practicable and \n consistent with the other requirements of this Act; and\n (2) consistent with paragraph (1), negotiate the most \n affordable and substantial coverage possible for small \n employers.\n (c) Definitions.--For purposes of this section--\n (1) the term ``Secretaries'' means the Secretary of Health \n and Human Services and the Secretary of Labor; and\n (2) the term ``national health pooling arrangement'' means \n an arrangement which provides for pooling of health insurance \n coverage offered for any year in all States which do not have \n in effect for such year an arrangement for pooling of health \n insurance coverage offered in such States.","summary":"Small Business Health Plans Act of 2006 - Directs the Secretary of Health and Human Services (HHS) to establish a small business health benefits program (SBHBP) under which small businesses may offer health insurance coverage to employees and their dependents. Outlines program elements and coverage requirements. Requires the Secretary to establish a program of premium assistance for small employers under the SBHBP. Allows for reinsurance for catastrophic costs for certain health insurance issuers. Defines a small employer for SBHBP purposes as an employer with 50 or fewer employees. Directs the Secretary and the Secretary of Labor to provide for the establishment of a national health pooling arrangement for eligible small employers under the SBHBP.","title":"To establish a small business health benefits program.","text_len":12721,"sum_len":758} {"bill_id":"113_hr4284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``ESA Improvement Act of 2014''.\n\nSEC. 2. ENDANGERED AND THREATENED SPECIES STATE PROTECTIVE ACTIONS.\n\n Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. \n1533(c)) is amended--\n (1) in paragraph (1), in the first sentence, by striking \n ``The Secretary shall'' and inserting ``Except as provided in \n paragraph (3), the Secretary shall''; and\n (2) by adding at the end the following:\n ``(3) State protective action.--\n ``(A) Exclusion from lists.--The Secretary shall \n not include in a list under this subsection any \n population of a species in a State if the Secretary has \n approved a State Protective Action for such population \n in accordance with this paragraph.\n ``(B) Publication of notice.--Not later than 90 \n days before proposing to add a species to a list under \n this subsection, the Secretary shall notify each State \n in which a population of the species occurs of the \n opportunity to submit to the Secretary a proposed State \n Protective Action for the species in that State, \n including specification of the criteria for approval of \n such an action under this paragraph.\n ``(C) Submission by state.--Each State notified \n under subparagraph (B), or group of such States, may \n submit to the Secretary a proposed State Protective \n Action for the species in such State or States within \n the period specified by the Secretary for the \n submission of public comment regarding the inclusion of \n the species in the list.\n ``(D) Guidance to states.--During preparation of a \n proposed State Protective Action under subparagraph \n (A), the Secretary shall provide guidance to the State \n regarding such preparation.\n ``(E) Approval or disapproval; resubmission.--The \n Secretary shall--\n ``(i) approve or disapprove a proposed \n State Protective Action by not later than 45 \n days after the date it is submitted;\n ``(ii) approve such an action if the \n Secretary determines that it meets the criteria \n specified for approval in the notification \n under subparagraph (B);\n ``(iii) upon disapproving such an action--\n ``(I) provide the written comments \n explaining specifically why the action \n was not approved;\n ``(II) allow the proposed action to \n be resubmitted at any time before the \n end of the 45-day period beginning on \n the date the Secretary provides such \n comments; and\n ``(III) by not later than 30 days \n after the end of such period, issue a \n final decision regarding the proposed \n action.\n ``(F) Limitation on final listing.--The Secretary \n may not add a population of a species to a list before \n the date the Secretary has made a final determination \n regarding approval of each State Protective Action for \n such population that has been submitted in accordance \n with this paragraph.\n ``(G) Qualification for grants.--For purposes of \n subsection (d), a State Protective Action approved by \n the Secretary under this paragraph shall be treated as \n a cooperative agreement entered into pursuant to this \n subsection.\n ``(H) Review of plans.--Every 5 years after \n approving a State Protective Action, the Secretary \n shall review the implementation and effectiveness of \n the action, and if necessary provide guidance on \n improvements or revisions that are required to maintain \n the Secretary's approval of the action.\n ``(I) Revocation of approval.--The Secretary may \n revoke approval of a State Protective Action for a \n population and propose adding such species to a list \n under this subsection if at any time after completion \n of the first review under subparagraph (H) the \n Secretary determines that--\n ``(i) the State has failed to implement the \n action; or\n ``(ii) the action has failed to make \n measurable progress toward achieving the \n recovery criteria for the population.\n ``(J) Termination.--The Secretary may terminate the \n effectiveness of a State Protective Action approved \n under this paragraph, including review regarding the \n action under subparagraph (H), if the Secretary \n determines that recovery criteria for the population \n have been achieved.''.","summary":"ESA Improvement Act of 2014 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from adding a species to the list of endangered and threatened species: (1) if the Secretary has approved a State Protective Action (SPA) for such species, and (2) before the Secretary has made a final determination regarding approval of an SPA. Directs the Secretary to: (1) notify each state of the opportunity to submit an SPA prior to proposing to add a species to the federal list of endangered and threatened species, and (2) provide guidance to states regarding the preparation of an SPA. Establishes a process for approving or disapproving a proposed SPA. Requires the Secretary to review the implementation and effectiveness of an SPA every five years and, if necessary, provide guidance on improvements or revisions that are required to maintain the Secretary's approval of the SPA. Authorizes the Secretary to: (1) revoke approval of an SPA and propose adding a species to the federal list if the state has failed to implement the SPA or the SPA failed to make measurable progress toward meeting the recovery criteria for the species, and (2) terminate the effectiveness of an approved SPA if the recovery criteria for the species have been met.","title":"ESA Improvement Act of 2014","text_len":5714,"sum_len":1270} {"bill_id":"109_hr3040","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as ``Health Care for Young Adults Act of \n2005''.\n\nSEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG \n ADULTS UP TO AGE 23.\n\n (a) In General.--\n (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social \n Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting \n ``(or, at the option of the State, who have not attained 20, \n 21, or 22 years of age, as the State may elect)'' after ``have \n not attained 19 years of age''.\n (B) Clause (i) of section 1905(a) of the Social Security \n Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age \n of 21, or, at the option of the State, under the age of 20, 19, \n or 18 as the State may choose'' and inserting ``under the age \n of 23, or, at the option of the State, under the age of 22, 21, \n 20, 19, or 18 as the State may elect''.\n (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C. \n 1397jj(c)(1)) is amended by inserting after ``19 years of age'' \n the following: ``(or, at the option of the State and subject to \n the availability of additional allotments under section \n 2104(d), 20, 21, 22, or 23 years of age)''.\n (b) Additional SCHIP Allotments for Providing Coverage of Optional \nYoung Adults.--\n (1) In general.--Section 2104 of such Act (42 U.S.C. \n 1397dd) is amended by inserting after subsection (c) the \n following:\n ``(d) Additional Allotments for the Provision of Coverage to \nOptional Young Adults.--\n ``(1) Appropriation; total allotment.--For the purpose of \n providing additional allotments to States under this title, \n there is appropriated, out of any money in the Treasury not \n otherwise appropriated, for each of fiscal years 2006 through \n 2009, $500,000,000.\n ``(2) State and territorial allotments.--In addition to the \n allotments provided under subsections (b) and (c), subject to \n paragraph (3), of the amount available for the additional \n allotments under paragraph (1) for a fiscal year, the Secretary \n shall allot to each State with a State child health plan \n approved under this title--\n ``(A) in the case of such a State other than a \n commonwealth or territory described in subparagraph \n (B), the same proportion as the proportion of the \n State's allotment under subsection (b) (determined \n without regard to subsection (f)) to the total amount \n of the allotments under subsection (b) for such States \n eligible for an allotment under this paragraph for such \n fiscal year; and\n ``(B) in the case of a commonwealth or territory \n described in subsection (c)(3), the same proportion as \n the proportion of the commonwealth's or territory's \n allotment under subsection (c) (determined without \n regard to subsection (f)) to the total amount of the \n allotments under subsection (c) for commonwealths and \n territories eligible for an allotment under this \n paragraph for such fiscal year.\n ``(3) Use of additional allotment.--Additional allotments \n provided under this subsection are not available for amounts \n expended before October 1, 2005. Such amounts are available for \n amounts expended on or after such date only for--\n ``(A) expenditures described in section \n 1905(u)(4)(A); and\n ``(B) child health assistance for individuals who \n are targeted low-income children and over 18 years of \n age and who are low-income children only because of an \n election by the State under section 2110(c)(1).''.\n (2) Conforming amendments.--Section 2104 of such Act (42 \n U.S.C. 1397dd) is amended--\n (A) in subsection (a), in the matter preceding \n paragraph (1), by inserting ``subject to subsection \n (d),'' after ``under this section,'';\n (B) in subsection (b)(1), by inserting ``and \n subsection (d)'' after ``Subject to paragraph (4)''; \n and\n (C) in subsection (c)(1), by inserting ``subject to \n subsection (d),'' after ``for a fiscal year,''.\n (c) Modification of Medicaid Caps for Territories.--Section 1108 of \nsuch Act (42 U.S.C. 1308) is amended--\n (1) in subsection (f), by striking ``subsection (g)'' and \n inserting ``subsections (g) and (h)''; and\n (2) by adding at the end the following new subsection:\n ``(h) The Secretary shall provide for such increase in the \nlimitations under subsections (f) and (g) with respect to each of the \nterritories as may be necessary for each such territory to provide for \nan expansion of medicaid coverage to young adults described in section \n1902(l)(1)(D).''.\n (d) Effective Date.--The amendments made by this section apply to \nitems and services furnished on or after October 1, 2005, without \nregard to whether regulations implementing such amendments have been \npromulgated.\n\nSEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS.\n\n (a) In General.--The Secretary of Health and Human Services shall \nprovide for grants to States (as defined for purposes of titles XIX and \nXXI of the Social Security Act) in order to enable such States to \nimplement expansions of eligibility for children and young adults their \nState medicaid plans under title XIX of the Social Security Act and \nState child health plans under title XXI of such Act. Such grants shall \nbe available for planning, implementation, and outreach with respect to \nsuch expanded eligibility populations.\n (b) Terms and Conditions.--Grants under this section shall be made \navailable under such terms and conditions, including the approval of a \ngrant application, as the Secretary shall specify.\n (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to provide for grants under \nthis section.","summary":"Health Care for Young Adults Act of 2005 - Amends titles XIX (Medicaid) and XXI to permit states to provide Medicaid and SCHIP coverage of low-income youth up to age 23. Provides for additional SCHIP allotments for the provision of coverage to optional young adults. Amends SSA title XI to modify Medicaid caps for territories. Directs the Secretary of Health and Human Services to provide for grants to states in order to enable them to implement expansions of eligibility for children and young adults in their state Medicaid and state SCHIP plans.","title":"To amend titles XIX and XXI of the Social Security Act to permit States to cover low-income youth up to age 23.","text_len":6380,"sum_len":550} {"bill_id":"113_hr1412","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Department of Veterans Affairs \nExpiring Authorities Act of 2013''.\nSEC. 2. EXTENSIONS OF EXPIRING AUTHORITIES AFFECTING VETERANS AND THEIR \nFAMILIES.\n (a) Extension of Authority To Provide Monthly Assistance Allowance \nto Veterans With Disability Invited by United States Olympic \nCommittee.--\n (1) In general.--Section 322(d)(4) of title 38, United States \n Code, is amended by inserting ``and $500,000 for the period \n beginning October 1, 2013, and ending December 31, 2013'' after \n ``2013''.\n (2) Technical correction.--Section 322 of such title is amended \n by striking ``United States Paralympics, Inc.,'' each place it \n appears and inserting ``United States Olympic Committee''.\n (b) Extension of Authority To Provide Assistance for United States \nOlympic Committee.--\n (1) In general.--Section 521A of such title is amended--\n (A) in subsection (g), by inserting ``and $2,000,000 for \n the period beginning October 1, 2013, and ending December 31, \n 2013'' after ``2013''; and\n (B) in subsection (l), by striking ``The Secretary may only \n provide assistance under this section during fiscal years 2010 \n through 2013.'' and inserting ``The Secretary may not provide \n assistance under this section after December 31, 2013.''.\n (2) Technical correction.--Such section is further amended--\n (A) except in subsection (d)(4), by striking ``United \n States Paralympics, Inc.,'' each place it appears and inserting \n ``United States Olympic Committee'';\n (B) in subsection (d)(4), by striking ``United States \n Paralympics, Inc.'' and inserting ``United States Olympic \n Committee''; and\n (C) by adding at the end the following new subsection:\n ``(m) Applicability to Commonwealths and Territories of United \nStates.--The provisions of this section and section 322 of this title \nshall apply with respect to the following in the same manner and to the \nsame degree as the United States Olympic Committee:\n ``(1) The American Samoa National Olympic Committee.\n ``(2) Guam National Olympic Committee.\n ``(3) Comite Olimpico de Puerto Rico.\n ``(4) Such entities as the Secretary considers appropriate to \n represent the interests of the Northern Mariana Islands and the \n United States Virgin Islands under this section and section 322 of \n this title.''.\n (3) Clerical amendment.--The table of sections at the beginning \n of chapter 5 of such title is amended by striking the item relating \n to section 521A and inserting the following new item:\n\n``521A. Assistance for United States Olympic Committee.''.\n\n (c) Extension of Authority for Collection of Copayments for \nHospital Care and Nursing Home Care.--Section 1710(f)(2)(B) of such \ntitle is amended by striking ``September 30, 2013'' and inserting \n``September 30, 2014''.\n (d) Extension of Authority for Recovery From Third Parties of Cost \nof Care and Services Furnished to Veterans With Health-plan Contracts \nfor Non-service-connected Disability.--Section 1729(a)(2)(E) of such \ntitle is amended by striking ``October 1, 2013'' and inserting \n``October 1, 2014''.\n (e) Extensions of Authorities Affecting Homeless Veterans.--\n (1) Homeless veterans reintegration programs.--Section \n 2021(e)(1)(F) of such title is amended by striking ``2013'' and \n inserting ``2014''.\n (2) Referral and counseling services: veterans at risk of \n homelessness who are transitioning from certain institutions.--\n Section 2023(d) of such title is amended--\n (A) by inserting ``to enter into a contract'' before ``to \n provide''; and\n (B) by striking ``September 30, 2013'' and inserting \n ``September 30, 2014''.\n (f) Extension of Previously Fully-funded Authorities Affecting \nHomeless Veterans.--\n (1) Comprehensive service programs.--Section 2013 of such title \n is amended by striking paragraph (6) and inserting the following \n new paragraphs:\n ``(6) $250,000,000 for fiscal year 2014.\n ``(7) $150,000,000 for fiscal year 2015 and each subsequent \n fiscal year.''.\n (2) Financial assistance for supportive services for very low-\n income veteran families in permanent housing.--Section \n 2044(e)(1)(E) of such title is amended by striking ``for fiscal \n year 2013'' and inserting ``for each of fiscal years 2013 and \n 2014''.\n (3) Grant program for homeless veterans with special needs.--\n Section 2061(d)(1) of such title is amended by striking ``through \n 2013'' and inserting ``through 2014''.\n (g) Extension of Temporary Expansion of Eligibility for Specially \nAdapted Housing Assistance for Certain Veterans With Disabilities \nCausing Difficulty With Ambulating.--Section 2101(a)(4) of such title \nis amended--\n (1) by striking ``The Secretary's'' and inserting ``(A) Except \n as provided in subparagraph (B), the Secretary's'';\n (2) in subparagraph (A), as designated by paragraph (1), by \n striking ``September 30, 2013'' and inserting ``September 30, \n 2014''; and\n (3) by adding at the end the following new subparagraph:\n ``(B) In fiscal year 2014, the Secretary may not approve more than \n30 applications for assistance under paragraph (1) for disabled \nveterans described in paragraph (2)(A)(ii).''.\n (h) Extension of Authority To Calculate Net Value of Real Property \nSecuring Defaulted Loan for Purposes of Liquidation.--Section \n3732(c)(11) of such title is amended by striking ``October 1, 2013'' \nand inserting ``October 1, 2014''.\n (i) Extension of Pilot Program on Assistance for Child Care for \nCertain Veterans Receiving Health Care.--Section 205 of the Caregivers \nand Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; \n38 U.S.C. 1710 note) is amended--\n (1) in subsection (e), by striking ``2-year'' and inserting \n ``3-year''; and\n (2) in subsection (h), by striking ``and 2011'' and inserting \n ``and 2014''.\nSEC. 3. REAUTHORIZATION OF USE OF NATIONAL DIRECTORY OF NEW HIRES FOR \nINCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS.\n (a) Secretary of Health and Human Services.--Section 453(j)(11) of \nthe Social Security Act (42 U.S.C. 653(j)(11)) is amended by striking \nsubparagraph (G) and inserting the following new subparagraph (G):\n ``(G) Expiration of authority.--The authority under this \n paragraph shall be in effect as follows:\n ``(i) During the period beginning on December 26, 2007, \n and ending on November 18, 2011.\n ``(ii) During the period beginning on the date of the \n enactment of the Department of Veterans Affairs Expiring \n Authorities Act of 2013 and ending 180 days after that \n date.''.\n (b) Secretary of Veterans Affairs.--Section 5317A of title 38, \nUnited States Code, is amended by striking subsection (d) and inserting \nthe following new subsection (d):\n ``(d) Expiration of Authority.--The authority under this section \nshall be in effect as follows:\n ``(1) During the period beginning on December 26, 2007, and \n ending on November 18, 2011.\n ``(2) During the period beginning on the date of the enactment \n of the Department of Veterans Affairs Expiring Authorities Act of \n 2013 and ending 180 days after that date.''.\nSEC. 4. EFFECTIVE DATE AND RATIFICATION.\n (a) Effective Date.--This Act shall take effect on October 1, 2013, \nexcept that Section 2 (a) shall take effect on September 30, 2013.\n (b) Ratification.--If this Act is not enacted on or before \nSeptember 30, 2013, any actions undertaken by the Department of \nVeterans Affairs under the authorities extended by this Act during the \nperiod beginning on such date and ending on the date of the enactment \nof this Act shall be deemed ratified.\nSEC. 5. SCORING OF BUDGETARY EFFECTS.\n The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go-Act of 2010 shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Senate Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on September 23, 2013. Department of Veterans Affairs Expiring Authorities Act of 2013 - Authorizes specified appropriations for the period October 1-December 31, 2013, to pay a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee (USOC) to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the USOC, or who is residing at a USOC, training center. Extends for the same period the authorization for grants to USOC for an integrated adaptive sports program for disabled veterans and disabled members of the Armed Forces. Applies the same grant authorization, in the same manner and to the same degree as to the USOC, to: (1) the American Samoa National Olympic Committee, (2) the Guam National Olympic Committee, (3) the Comite Olimpico de Puerto Rico, and (4) appropriate entities representing the interests of the Northern Mariana Islands and the United States Virgin Islands. Extends through FY2014 a veteran's liability for copayments of $10 for every day the veteran receives hospital care and of $5 for every day he or she receives nursing home care. Extends through FY2014 the right of the United States to recover or collect from a third party reasonable charges for care or services for a non-service-connected disability of a veteran with a service-connected disability who is entitled to care under a health-plan contract. Extends through FY2014 the authority of the Secretary of Labor for homeless veterans reintegration programs, and of the same Secretary and the Secretary of Veterans Affairs (VA) to contract for referral and counseling services for veterans at risk of homelessness who are transitioning from certain institutions. Extends through FY2015 the authorization of appropriations for comprehensive service programs for homeless veterans. Extends through FY2014 the availability of funds for: (1) financial assistance for supportive services for very low-income veteran families in permanent housing, and (2) the grant program for homeless veterans with special needs. Extends through FY2014 specially adapted housing assistance for a disabled veteran whose permanent and total service-connected disability causes difficulty with ambulating. Limits to 30 applications during FY2014 approval of such assistance for any such disabled veterans who served in the Armed Forces on or after September 11, 2001. Extends through FY2014 the authority to calculate, for liquidation purposes, the net value of real property securing a defaulted guaranteed housing or small business loan to a veteran. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to extend through FY2014 the pilot program to assess the feasibility and advisability of providing assistance to veterans receiving regular or intensive mental health services and other intensive health care services in order to obtain child care while receiving such services. Amends part D of title IV (TANF) of the Social Security Act to revive for a specified 180-day period the authority of the Secretary of Veterans Affairs to furnish the Secretary of Health and Human Services (HHS) with VA information for comparison with information in the National Directory of New Hires about individuals applying for or receiving needs-based veterans pension benefits, parents' dependency and indemnity compensation, veterans health care services, or compensation based on 100 unemployability. Authorizes for the same 180-day period the authority of the VA Secretary to terminate, deny, suspend, or reduce any of such veterans benefits or services, with respect to an applicant or recipient under age 65, by reason of information obtained from the HHS Secretary, but only if the VA Secretary takes appropriate steps to verify independently information relating to the individual's employment and employment income. Makes this Act effective on October 1, 2013, except for the authorization of appropriations for monthly assistance for disabled veterans invited to compete for a slot on, or selected for, the Paralympic Team, which shall be effective September 30, 2013. Deems ratified any VA actions undertaken before enactment of this Act under the authorities extended by this Act, if this Act is not enacted on or before September 30, 2013.","title":"Department of Veterans Affairs Expiring Authorities Act of 2013","text_len":8717,"sum_len":4439} {"bill_id":"115_hr4863","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Strategic Withdrawal of Agencies for \nMeaningful Placement Act of 2018'' or ``SWAMP Act''.\n\nSEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE AGENCIES.\n\n (a) Repeal of Headquarters Location Requirement.--Section 72 of \ntitle 4, United States Code, is repealed.\n (b) Prohibition on Location of Headquarters in Washington \nMetropolitan Area.--With respect to an Executive agency whose \nheadquarters is located in the Washington metropolitan area as of the \ndate of the enactment of this Act, no new construction or major \nrenovations may be undertaken, or lease agreements entered into or \nrenewed, for such headquarters after such date of enactment, except as \notherwise expressly provided by law.\n (c) Competitive Bidding Process for Relocation of Headquarters.--\n (1) In general.--Not later than one year after the date of \n the enactment of this Act, the Administrator of General \n Services shall establish a process, in accordance with the \n requirements described in paragraph (2), through which--\n (A) the head of an Executive agency may submit a \n request for the Administrator to issue a solicitation \n for the relocation of the headquarters of such agency; \n or\n (B) if determined necessary, the Administrator may \n issue a solicitation for the relocation of the \n headquarters of an Executive agency.\n (2) Requirements.--With respect to any solicitation issued \n for the relocation of the headquarters of an Executive agency \n pursuant to paragraph (1), the Administrator of General \n Services shall--\n (A) allow any State and any political subdivision \n of a State to submit a bid for the relocation of such \n headquarters;\n (B) provide the public with notice and an \n opportunity to comment on such solicitation; and\n (C) in consultation with the head of such agency, \n select a State, or a political subdivision of a State, \n for the relocation of such headquarters using \n competitive bidding procedures that consider the \n following:\n (i) The extent to which the relocation of \n such headquarters would impact the economy and \n workforce development of a State or political \n subdivision of a State.\n (ii) Whether a State, or a political \n subdivision of a State, has expertise in \n carrying out activities substantially similar \n to the mission and goals of such agency.\n (iii) The extent to which the relocation of \n such headquarters to a State, or a political \n subdivision of a State, would implicate \n national security interests.\n (d) Rule of Construction.--Nothing in this Act may be construed to \nprohibit a political subdivision of the State of Maryland or the \nCommonwealth of Virginia that is located outside the Washington \nmetropolitan area from submitting a bid under subsection (c)(2)(A).\n (e) Offset allowed.--The Administrator of General Services may use \nthe proceeds from the sale of any Federal building or land to offset \nthe cost of relocating the headquarters of an Executive agency.\n (f) No Additional Funds Authorized.--No additional funds are \nauthorized to carry out the requirements of this Act. Such requirements \nshall be carried out using amounts otherwise authorized.\n (g) Definitions.--In this section:\n (1) Executive agency.--The term ``Executive agency'' has \n the meaning given that term in section 105 of title 5, United \n States Code, except that the term does not include the \n Executive Office of the President.\n (2) Headquarters.--The term ``headquarters'' means the \n place or building serving as the managerial and administrative \n center of an Executive agency, except that the term does not \n include an office that the head of any such agency may maintain \n separately from such place or building in the Washington \n metropolitan area.\n (3) State.--The term ``State'' means each of the 50 States.\n (4) Washington metropolitan area.--The term ``Washington \n metropolitan area'' means the geographic area located within \n the boundaries of the following:\n (A) The District of Columbia.\n (B) Montgomery and Prince George's Counties in the \n State of Maryland.\n (C) Arlington, Fairfax, Loudoun, and Prince William \n Counties and the City of Alexandria in the Commonwealth \n of Virginia.","summary":"Strategic Withdrawal of Agencies for Meaningful Placement Act of 2018 or the SWAMP Act This bill: (1) repeals the requirement that all offices attached to the seat of government be exercised in the District of Columbia, and not elsewhere. And (2) prohibits new construction or major renovation of certain executive agency headquarters in the Washington Metropolitan area. The General Services Administration (GSA) must: (1) establish a process to allow an executive agency to request GSA to issue a solicitation for the relocation of its headquarters. (2) allow any state to bid for the relocation of the agency's headquarters. And (3) in consultation with the executive agency, select a state for the relocation of the agency's headquarters using a competitive bidding procedure based on certain considerations.","title":"Strategic Withdrawal of Agencies for Meaningful Placement Act of 2018","text_len":5065,"sum_len":812} {"bill_id":"112_hr6297","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reducing Barriers to Veterans' \nBenefits Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Tinnitus is the most common service-connected \n disability for veterans from all periods of service, accounting \n for almost 841,000 individuals.\n (2) Hearing loss is the second leading service-connected \n disability for veterans from all periods of service, accounting \n for almost 702,000 individuals.\n (3) Since fiscal year 1999, the number of veterans with \n service-connected disability for tinnitus has increased by an \n average rate of 17 percent each year.\n (4) The number of tinnitus disabilities has grown from \n 128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an \n increase of more than 500 percent.\n\nSEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND \n TINNITUS.\n\n (a) Presumption.--\n (1) In general.--Subchapter II of chapter 11 of title 38, \n United States Code, is amended by adding at the end the \n following new section:\n``Sec. 1119. Presumption of service connection for hearing loss \n associated with particular military occupational \n specialties or combat service\n ``(a) In General.--(1) For purposes of section 1110 of this title, \nand subject to section 1113 of this title, diagnosed hearing loss, \ntinnitus, or both of a veteran described in paragraph (2) shall be \nconsidered to have been incurred in or aggravated by the service of the \nveteran, notwithstanding that there is no record of evidence of such \nhearing loss or tinnitus, as the case may be, during the period of such \nservice.\n ``(2) A veteran described in this paragraph is a veteran who while \non active military, naval, or air service--\n ``(A) was assigned to a military occupational specialty or \n equivalent described in subsection (b); or\n ``(B) served in combat against a hostile force during a \n period of hostilities (as defined in section 1712A(a)(2)(B) of \n this title).\n ``(b) Military Occupational Specialty.--A military occupational \nspecialty or equivalent referred to in subsection (a)(2)(A) is a \nmilitary occupational specialty or equivalent, if any, that the \nSecretary determines in regulations prescribed under this section in \nwhich individuals assigned to such military occupational specialty or \nequivalent in the active military, naval, or air service are or were \nlikely to be exposed to a sufficiently high level of acoustic trauma as \nto result in permanent hearing loss, tinnitus, or both.\n ``(c) Determination.--(1) If the Secretary determines under \nsubsection (b) that a presumption of service connection is warranted \nfor a military occupational specialty or equivalent, the Secretary \nshall, not later than 60 days after the date of the determination, \nissue proposed regulations setting forth the Secretary's determination.\n ``(2) If the Secretary determines under subsection (b) that a \npresumption of service connection is not warranted for a military \noccupational specialty or equivalent, the Secretary shall, not later \nthan 60 days after the date of the determination--\n ``(A) publish the determination in the Federal Register; \n and\n ``(B) submit to the Committees on Veterans' Affairs of the \n Senate and the House of Representatives a report on the \n determination, including a justification for the \n determination.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of chapter 11 of such title is amended by inserting \n after the item relating to section 1118 the following new item:\n\n``1119. Presumption of service connection for hearing loss associated \n with particular military occupational \n specialties or combat service.''.\n (b) Presumption Rebuttable.--Section 1113 of title 38, United \nStates Code, is amended by striking ``or 1118'' each place it appears \nand inserting ``1118, or 1119''.\n (c) Presumption During Peacetime Service.--Section 1137 of title \n38, United States Code, is amended by striking ``and 1113'' and \ninserting ``1113, and 1119''.\n (d) Effective Date.--Section 1119 of title 38, United States Code, \nas added by subsection (a)(1), shall apply with respect to a claim for \ncompensation made on or after the date that is 60 days after the date \non which the Secretary prescribes regulations pursuant to subsection \n(c)(1) of such section.\n\nSEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE \n ARMED FORCES.\n\n (a) In General.--Chapter 59 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 1179. Audiometric test required\n ``Under regulations prescribed by the Secretary of Defense, the \nSecretary of a military department shall ensure that a member of the \narmed forces under the jurisdiction of the Secretary receives an \naudiometric test at the 8000 Hz frequency (or other test that the \nSecretary of Defense determines has the ability to discover potential \nfuture hearing loss) to evaluate the hearing of the member during the \n90-day period before the date on which the member is discharged, \nseparated, or retired.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding after the item relating to section \n1178 the following new item:\n\n``1179. Audiometric test required.''.\n (c) Effective Date.--Section 1179 of title 10, United States Code, \nas added by subsection (a), shall apply with respect to a member being \ndischarged, separated, or retired from the Armed Forces on or after the \ndate that is 60 days after the date of the enactment of this Act.","summary":"Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both. Or (2) served in combat against a hostile force during a period of hostilities. Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired.","title":"To amend title 38, United States Code, to establish a presumption of service connection for certain veterans with tinnitus or hearing loss, and for other purposes.","text_len":5937,"sum_len":782} {"bill_id":"108_s985","text":"SECTION 1. ADJUSTED DIFFERENTIALS.\n\n (a) In General.--Paragraph (1) of section 404(b) of the Federal Law \nEnforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by \nstriking the matter after ``follows:'' and inserting the following:\n\n ``Area Differential\n Atlanta Consolidated Metropolitan Statistical Area. 16.82% \n Boston-Worcester-Lawrence, MA-NH-ME-CT-RI 24.42% \n Consolidated Metropolitan Statistical Area.\n Chicago-Gary-Kenosha, IL-IN-WI Consolidated 25.68% \n Metropolitan Statistical Area.\n Cincinnati-Hamilton, OH-KY-IN Consolidated 21.47% \n Metropolitan Statistical Area.\n Cleveland Consolidated Metropolitan Statistical 17.83% \n Area.\n Columbus Consolidated Metropolitan Statistical Area 16.90% \n Dallas Consolidated Metropolitan Statistical Area.. 18.51% \n Dayton Consolidated Metropolitan Statistical Area.. 15.97% \n Denver-Boulder-Greeley, CO Consolidated 22.78% \n Metropolitan Statistical Area.\n Detroit-Ann Arbor-Flint, MI Consolidated 25.61% \n Metropolitan Statistical Area.\n Hartford, CT Consolidated Metropolitan Statistical 24.47% \n Area.\n Houston-Galveston-Brazoria, TX Consolidated 30.39% \n Metropolitan Statistical Area.\n Huntsville Consolidated Metropolitan Statistical 13.29% \n Area.\n Indianapolis Consolidated Metropolitan Statistical 13.38% \n Area.\n Kansas City Consolidated Metropolitan Statistical 14.11% \n Area.\n Los Angeles-Riverside-Orange County, CA 27.25% \n Consolidated Metropolitan Statistical Area.\n Miami-Fort Lauderdale, FL Consolidated Metropolitan 21.75% \n Statistical Area.\n Milwaukee Consolidated Metropolitan Statistical 17.45% \n Area.\n Minneapolis-St. Paul, MN-WI Consolidated 20.27% \n Metropolitan Statistical Area.\n New York-Northern New Jersey-Long Island, NY-NJ-CT- 27.11% \n PA Consolidated Metropolitan Statistical Area.\n Orlando, FL Consolidated Metropolitan Statistical 14.22% \n Area.\n Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD 21.03% \n Consolidated Metropolitan Statistical Area.\n Pittsburgh Consolidated Metropolitan Statistical 14.89% \n Area.\n Portland-Salem, OR-WA Consolidated Metropolitan 20.96% \n Statistical Area.\n Richmond Consolidated Metropolitan Statistical Area 16.46% \n Sacramento-Yolo, CA Consolidated Metropolitan 20.77% \n Statistical Area.\n San Diego, CA Consolidated Metropolitan Statistical 22.13% \n Area.\n San Francisco-Oakland-San Jose, CA Consolidated 32.98% \n Metropolitan Statistical Area.\n Seattle-Tacoma-Bremerton, WA Consolidated 21.18% \n Metropolitan Statistical Area.\n St. Louis Consolidated Metropolitan Statistical 14.69% \n Area.\n Washington-Baltimore, DC-MD-VA-WV Consolidated 19.48% \n Metropolitan Statistical Area.\n Rest of United States Consolidated Metropolitan 14.19%''.\n Statistical Area.\n (b) Special Rules.--For purposes of the provision of law amended by \nsubsection (a)--\n (1) the counties of Providence, Kent, Washington, Bristol, \n and Newport, RI, the counties of York and Cumberland, ME, and \n the city of Concord, NH, shall be treated as if located in the \n Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated \n Metropolitan Statistical Area; and\n (2) members of the Capitol Police shall be considered to be \n law enforcement officers within the meaning of section 402 of \n the Federal Law Enforcement Pay Reform Act of 1990.\n (c) Effective Date.--The amendment made by subsection (a)--\n (1) shall take effect as if included in the Federal Law \n Enforcement Pay Reform Act of 1990 on the date of the enactment \n of such Act; and\n (2) shall be effective only with respect to pay for service \n performed in pay periods beginning on or after the date of the \n enactment of this Act.\nSubsection (b) shall be applied in a manner consistent with the \npreceding sentence.\n\nSEC. 2. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW \n ENFORCEMENT OFFICERS.\n\n (a) Study.--Not later than 6 months after the date of the enactment \nof this Act, the Office of Personnel Management shall study and submit \nto Congress a report which shall contain its findings and \nrecommendations regarding the need for, and the potential benefits to \nbe derived from, the establishment of a separate pay, evaluation, and \npromotion system for Federal law enforcement officers. In carrying out \nthis subsection, the Office of Personnel Management shall take into \naccount the findings and recommendations contained in the September \n1993 report of the Office entitled ``A Plan to Establish a New Pay and \nJob Evaluation System for Federal Law Enforcement Officers''.\n (b) Demonstration Project.--\n (1) In general.--If, after completing its report under \n subsection (a), the Office of Personnel Management considers it \n to be appropriate, the Office shall implement, within 12 months \n after the date of the enactment of this Act, a demonstration \n project to determine whether a separate system for Federal law \n enforcement officers (as described in subsection (a)) would \n result in improved Federal personnel management.\n (2) Applicable provisions.--Any demonstration project under \n this subsection shall be conducted in accordance with the \n provisions of chapter 47 of title 5, United States Code, except \n that a project under this subsection shall not be taken into \n account for purposes of the numerical limitation under section \n 4703(d)(2) of such title.\n (3) Permanent changes.--Not later than 6 months before the \n demonstration project's scheduled termination date, the Office \n of Personnel Management shall submit to Congress--\n (A) its evaluation of the system tested under the \n demonstration project; and\n (B) recommendations as to whether or not that \n system (or any aspects of that system) should be \n continued or extended to other Federal law enforcement \n officers.\n (c) Federal Law Enforcement Officer Defined.--In this section, the \nterm ``Federal law enforcement officer'' means a law enforcement \nofficer as defined under section 8331(20) or 8401(17) of title 5, \nUnited States Code.\n\nSEC. 3. LIMITATION ON PREMIUM PAY.\n\n (a) In General.--Section 5547 of title 5, United States Code, is \namended--\n (1) in subsection (a), by striking ``5545a,'';\n (2) in subsection (c), by striking ``or 5545a''; and\n (3) in subsection (d), by striking the period and inserting \n ``or a criminal investigator who is paid availability pay under \n section 5545a.''.\n (b) Effective Date.--The amendments made by this section shall take \neffect as if included in the enactment of section 1114 of the National \nDefense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 \nStat. 1239).","summary":"Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Directs the Office of Personnel Management: (1) to study and report to Congress on the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. (2) if it considers it to be appropriate, to implement a demonstration project to determine whether a separate system for such officers would result in improved Federal personnel management. And (3) to submit to Congress its evaluation of the system tested under the demonstration project and recommendations as to whether that system should be continued or extended to other Federal law enforcement officers. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.","title":"A bill to amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes.","text_len":7767,"sum_len":1061} {"bill_id":"107_hr4032","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n (a) Short Title.--This Act may be cited as the ``Domestic Violence \nScreening and Treatment Act of 2002''.\n (b) Findings.--Congress finds the following:\n (1) Nearly one-third of American women (31 percent) report \n being physically or sexually abused by a husband or boyfriend \n at some point in their lives, and about 1200 women are murdered \n every year by their intimate partner, nearly 3 each day.\n (2) 85 percent of violent victimizations are experienced by \n women.\n (3) 37 percent of all women who sought care in hospital \n emergency rooms for violence-related injuries were injured by a \n current or former spouse, boyfriend, or girlfriend.\n (4) In addition to injuries sustained during violent \n episodes, physical and psychological abuse are linked to a \n number of adverse physical health effects including arthritis, \n chronic neck or back pain, migraine and other frequent \n headaches, stammering, problems with vision, and sexually \n transmitted infections, including HIV\/AIDS.\n (5) Medical services for abused women cost an estimated \n $857.3 million every year.\n (6) Each year, at least six percent of all pregnant women, \n about 240,000 pregnant women, in this country are battered by \n the men in their lives. This battering leads to complications \n of pregnancy, including low weight gain, anemia, infections, \n and first and second trimester bleeding.\n (7) Pregnant and recently pregnant women are more likely to \n be victims of homicide than to die of any other cause, and \n evidence exists that a significant proportion of all female \n homicide victims are killed by their intimate partners.\n (8) Children who witness domestic violence are more likely \n to exhibit behavioral and physical health problems including \n depression, anxiety, and violence towards peers. They are also \n more likely to attempt suicide, abuse drugs and alcohol, run \n away from home, engage in teenage prostitution, and commit \n sexual assault crimes.\n (9) Fifty percent of men who frequently assault their wives \n frequently assault their children. The U.S. Advisory Board on \n Child Abuse and Neglect suggests that domestic violence may be \n the single major precursor to child abuse and neglect \n fatalities in this country.\n (10) Currently, about 10 percent of primary care physicians \n routinely screen for intimate partner abuse during new patient \n visits and nine percent routinely screen during periodic \n checkups.\n (11) Recent clinical studies have proven the effectiveness \n of a 2-minute screening for early detection of abuse of \n pregnant women. Additional longitudinal studies have tested a \n 10-minute intervention that was proven highly effective in \n increasing the safety of pregnant abused women. Comparable \n research does not yet exist to support the effectiveness of \n screening men.\n (12) 70 to 81 percent of the patients studied reported that \n they would like their healthcare providers to ask them \n privately about intimate partner violence.\n\nSEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE \n MEDICAID PROGRAM.\n\n (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. \n1396d) is amended--\n (1) in subsection (a)(26), by striking ``and'' at the end;\n (2) by redesignating paragraph (27) of subsection (a) as \n paragraph (28); and\n (3) by inserting after paragraph (26) of subsection (a) the \n following new paragraph:\n ``(27) domestic violence screening and treatment services \n (as defined in subsection (x));''; and\n (4) by adding at the end the following new subsection:\n ``(x) The term `domestic violence screening and treatment services' \nmeans the following services (as specified under the State plan) \nfurnished by an attending health care provider (or, in the case of \nservices described in paragraph (3), under arrangements between the \nprovider and domestic violence experts) to women 18 years of age or \nolder:\n ``(1) Routine verbal screening for domestic violence by a \n provider if the provider has not previously screened the \n patient or if the patient has been screened but the patient \n indicates that she is in a new relationship regardless of \n whether there are any clinical indicators or suspicion of \n abuse.\n ``(2) Danger assessment for women who positively identify \n for domestic violence, including an immediate safety \n assessment, an initial risk assessment, and follow-up risk \n assessments during subsequent visits.\n ``(3) Treatment relating to domestic violence, including \n the following:\n ``(A) Safety education to assist the patient in \n developing a plan to promote her safety and well-being, \n such as keeping an emergency kit, talking to someone, \n and arranging for a place to stay, and appropriate \n follow up.\n ``(B) Health education which provides written and \n verbal information about domestic violence, its impact \n on health, options for services, and any necessary \n follow up.\n ``(C) Psycho-social and counseling services that \n include an initial assessment, development of a plan of \n care, individual or group counseling (as needed), and \n follow-up assessment, treatment, or intervention.\n ``(D) Documentation of screening, assessment, \n treatment, referrals, injuries, and illnesses related \n to domestic violence and who inflicted them, using \n appropriate diagnostic codes and absolute \n confidentiality (except as required by applicable State \n law).\n ``(4) Referral and case coordination for additional \n services, including services from domestic violence programs, \n community agencies, and judicial and other systems.''.\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act and shall apply to \nservices furnished on or after such date.\n\nSEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.\n\n (a) In General.--Section 8902 of title 5, United States Code, is \namended by adding at the end the following:\n ``(p)(1) A contract may not be made or a plan approved which does \nnot include coverage for domestic violence screening and treatment \nservices.\n ``(2) For purposes of this subsection, the term `domestic violence \nscreening and treatment services' has the meaning given such term in \nsection 1905(x) of the Social Security Act.''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to contracts made, and plans approved, after the end of the 6-\nmonth period beginning on the date of the enactment of this Act.\n\nSEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.\n\n (a) Requirement for Portion of Expenditures on Domestic Violence \nScreening and Treatment.--Section 505(a)(5) of the Social Security Act \n(42 U.S.C. 705(a)(5)) is amended--\n (1) by striking ``and'' at the end of subparagraph (E);\n (2) by striking the period at the end of subparagraph (F) \n and inserting ``; and''; and\n (3) by inserting after subparagraph (F) the following new \n subparagraph:\n ``(G) the State will set aside a reasonable portion \n (based upon the State's previous use of funds under \n this title) of the funds provided for domestic violence \n screening and treatment services (as defined in section \n 1902(x)).''.\n (b) Preference in Certain Funding.--Section 502(b)(2) of such Act \n(42 U.S.C. 702(b)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(C) Of the amounts retained for projects described in \nsubparagraphs (A) through (F) of section 501(a)(3), the Secretary shall \nprovide preference to qualified applicants which demonstrate that the \nactivities to be carried out with such amounts includes training of \nproviders in how to screen for, and treat, domestic violence and \ntraining that includes--\n ``(i) identifying victims of domestic violence and \n maintaining complete medical records that include documentation \n of the examination, treatment given, and referrals made, and \n recording the location and nature of the victim's injuries;\n ``(ii) examining and treating such victims, within the \n scope of the health professional's discipline, training, and \n practice (including medical advice regarding the dynamics and \n nature of domestic violence);\n ``(iii) assessing the immediate and short-term safety of \n the victim and assisting the victim in developing a plan to \n promote his or her safety; and\n ``(iv) referring the victim to public and private nonprofit \n private entities that provide services for such victims.''.\n (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. \n706(a)(2)) is amended by adding at the end the following new \nsubparagraph:\n ``(F) Information on how funds provided under this title \n are used to screen for and treat domestic violence.''.\n (d) Separate Program for Domestic Violence Screening and \nTreatment.--Title V of such Act is amended by adding at the end the \nfollowing new section:\n\n ``separate program for domestic violence screening and treatment\n\n ``Sec. 511. (a) For the purpose described in subsection (b), the \nSecretary shall, for fiscal year 2003 and each subsequent fiscal year, \nallot to each State which has transmitted an application for the fiscal \nyear under section 505(a) an amount equal to the product of\n ``(1) the amount appropriated in subsection (d) for the \n fiscal year; and\n ``(2) the percentage determined for the State under section \n 502(c)(1)(B)(ii).\n ``(b) The purpose of an allotment under subsection (a) to a State \nis to enable the State to provide for domestic violence screening and \ntreatment, including the provision of domestic violence screening and \ntreatment services (as defined in section 1905(x)), increasing the \nnumber of women screened, assessed, treated, and referred and including \ntraining of health care providers on how to identify and respond to \nvictims of domestic violence.\n ``(c)(1) Sections 503, 507, and 508 apply to allotments under \nsubsection (a) to the same extent and in the same manner as such \nsections apply to allotments under section 502(c).\n ``(2) Sections 505 and 506 apply to allotments under subsection (a) \nto the extent determined by the Secretary to be appropriate.\n ``(d) For the purpose of allotments under subsection (a), there is \nauthorized to be appropriated for each fiscal year, beginning with \nfiscal year 2003, such sums as may be necessary.''.\n (e) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to fiscal years beginning after the date of the enactment \nof this Act and the amendment made by subsection (c) shall apply to \nannual reports submitted for such fiscal years.","summary":"Domestic Violence Screening and Treatment Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require that health benefits provided include coverage of domestic violence screening and treatment. Amends Federal civil service law to require the Office of Personal Management to require all contracted carriers of health coverage for Federal employees to include coverage for domestic violence screening and treatment services. Amends SSA title V to require States to set aside a reasonable portion of maternal and child health services block grant funds to provide for domestic violence screening and treatment services. Authorizes the Secretary of Health and Human Services, with respect to such funds retained for certain projects, to provide preference to State applicants who include training of providers in how to screen for, and treat, domestic violence. Requires the Secretary to allot funds to States to provide for a separate program for domestic violence screening and treatment.","title":"To amend titles V and XIX of the Social Security Act and chapter 89 of title 5, United States Code, to provide coverage for domestic violence screening and treatment under the maternal and child health block grant program, the Medicaid Program, and the Federal employees health benefits program.","text_len":11777,"sum_len":1014} {"bill_id":"110_hr7246","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Poll Tape Transparency Act of \n2008''.\n\nSEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL \n TAPES.\n\n (a) In General.--Section 301(a) of the Help America Vote Act of \n2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following \nnew paragraph:\n ``(7) Requirements for publication of poll tapes.--\n ``(A) Requirements.--Each State shall meet the \n following requirements:\n ``(i) Upon the closing of the polls at each \n polling place, the appropriate election \n official, under the observation of the \n certified tabulation observers admitted to the \n polling place under subparagraph (E) (if any), \n shall announce the vote orally, post a copy of \n the poll tape reflecting the totals from each \n voting machine upon which votes were cast in \n the election at the polling place, and prepare \n and post a statement of the total number of \n individuals who appeared at the polling place \n to cast ballots, determined by reference to the \n number of signatures in a sign-in book or other \n similar independent count. Such officials shall \n ensure that each of the certified tabulation \n observers admitted to the polling place has \n full access to observe the process by which the \n poll tapes and statement are produced and a \n reasonable period of time to review the poll \n tapes and statement before the polling place is \n closed, and (if feasible) shall provide such \n observers with identical duplicate copies of \n the poll tapes and statement.\n ``(ii) As soon as practicable, but in no \n event later than noon of the day following the \n date of the election, the appropriate election \n official shall display (at a prominent location \n accessible to the public during regular \n business hours and in or within reasonable \n proximity to the polling place) a copy of each \n poll tape and statement prepared under clause \n (i), and the information shall be displayed on \n the official public websites of the applicable \n local election official and chief State \n election official, together with the name of \n the designated voting official who entered the \n information and the date and time the \n information was entered.\n ``(iii) Each website on which information \n is posted under clause (ii) shall include \n information on the procedures by which \n discrepancies shall be reported to election \n officials. If any discrepancy exists between \n the posted information and the relevant poll \n tape or statement, the appropriate election \n official shall display information on the \n discrepancy on the website on which the \n information is posted under clause (ii) not \n later than 24 hours after the official is made \n aware of the discrepancy, and shall maintain \n the information on the discrepancy and its \n resolution (if applicable) on such website \n during the entire period for which results of \n the election are typically maintained on such \n website.\n ``(iv) The appropriate election official \n shall preserve archived copies of the poll \n tapes and statements prepared under clause (i) \n and reports of discrepancies filed by certified \n tabulation observers for the period of time \n during which records and papers are required to \n be retained and preserved pursuant to title III \n of the Civil Rights Act of 1960 (42 U.S.C. 1974 \n et seq.) or for the same duration for which \n archived copies of other records of the \n election are required to be preserved under \n applicable State law, whichever is longer.\n ``(B) Treatment of ballots cast at early voting \n sites.--\n ``(i) Application.--The requirements of \n this subparagraph shall apply with respect to \n poll tapes and statements of the number of \n voters who voted in person at designated sites \n prior to the date of the election.\n ``(ii) Daily count of voters.--At the close \n of business on each day on which ballots \n described in clause (i) may be cast prior to \n the date of the election, the appropriate \n election official at each such site shall--\n ``(I) under the observation of \n certified tabulation observers admitted \n to the site under subparagraph (E) (if \n any), prepare and post a statement of \n the total number of individuals who \n appeared at the site to cast ballots, \n determined by reference to the number \n of signatures in a sign-in book or \n other similar independent count, and \n the total number of ballots cast \n (excluding information on the votes \n received by individual candidates), and \n shall ensure that each of the certified \n tabulation observers admitted to the \n site has full access to observe the \n process by which the statement is \n produced and a reasonable period of \n time to review the statement before the \n site is closed; and\n ``(II) display at the site during \n regular business hours for the duration \n of the early voting period a paper copy \n of the statement prepared under \n subclause (I).\n ``(iii) Application of general requirements \n for poll tapes and statements.--Upon the \n closing of the polls on the date of the \n election, the appropriate election official at \n each designated site described in this \n subparagraph shall meet the requirements of \n subparagraph (A) (including requirements \n relating to the role of certified tabulation \n observers) in the same manner as an election \n official at a polling place.\n ``(C) Treatment of absentee ballots.--\n ``(i) Daily count of ballots mailed and \n received.--At the close of each business day on \n which a State mails or accepts absentee ballots \n cast in an election for Federal office prior to \n the date of the election, the appropriate \n election official shall--\n ``(I) under the observation of \n certified tabulation observers admitted \n under subparagraph (E) to the site at \n which the ballots are mailed and \n received (if any), prepare and post a \n statement of the total number of \n absentee ballots mailed and received by \n the official during that day and a \n separate count of the number of \n absentee ballots received but rejected \n (separated into categories of the \n reasons for rejection), and ensure that \n each of the certified tabulation \n observers admitted to the site has full \n access to observe the process by which \n the statement is produced and a \n reasonable period of time to review the \n statement before the site is closed; \n and\n ``(II) display at the site during \n regular business hours for the duration \n of the period during which absentee \n ballots are processed a paper copy of \n the statement prepared under subclause \n (I).\n ``(ii) Application of general requirements \n for poll tapes and statements.--At the close of \n business on the last day on which absentee \n ballots are counted prior to the certification \n of the election, the appropriate election \n official at the site at which absentee ballots \n are received and counted shall meet the \n requirements of subparagraph (A) (including \n requirements relating to the role of certified \n tabulation observers) in the same manner as an \n election official at a polling place.\n ``(D) Daily count of provisional ballots.--At the \n close of business on the day on which the appropriate \n election official determines whether or not provisional \n ballots cast in an election for Federal office will be \n counted as votes in the election (as described in \n section 302(a)(4)), the official shall--\n ``(i) under the observation of certified \n tabulation observers admitted under \n subparagraph (E) to the site at which the \n determination is made (if any), prepare and \n post a statement of the number of such ballots \n for which a determination was made, the number \n of ballots counted, and the number of ballots \n rejected (separated into categories of the \n reason for the rejection), and ensure that each \n of the certified tabulation observers admitted \n to the site has full access to observe the \n process by which the statement is produced and \n a reasonable period of time to review the \n statement before the site is closed; and\n ``(ii) display at the site during regular \n business hours for the duration of the period \n during which provisional ballots are processed \n a paper copy of the statement prepared under \n clause (i).\n ``(E) Admission of certified tabulation \n observers.--\n ``(i) Certified tabulation observer \n defined.--In this paragraph, a `certified \n tabulation observer' is an individual who is \n certified by an appropriate election official \n as authorized to carry out the responsibilities \n of a certified tabulation observer under this \n paragraph.\n ``(ii) Selection.--In determining which \n individuals to certify as tabulation observers \n and admit to a polling place or other location \n to serve as certified tabulation observers with \n respect to an election for Federal office, the \n election official shall give preference to \n individuals who are affiliated with a candidate \n in the election, except that--\n ``(I) the number of individuals \n admitted who are affiliated with the \n same candidate for Federal office may \n not exceed one; and\n ``(II) the maximum number of \n individuals who may be admitted shall \n equal the number of candidates in the \n election plus 3, or such greater number \n as may be authorized under State law.\n ``(iii) No effect on admission of other \n observers.--Nothing in this subparagraph may be \n construed to limit or otherwise affect the \n authority of other individuals to enter and \n observe polling place operations under any \n other law, including international observers \n authorized under any treaty or observers of the \n Federal Government authorized under the Voting \n Rights Act of 1965.\n ``(F) No effect on other tabulation requirements.--\n Nothing in this Act may be construed to supersede any \n requirement that an election official at a polling \n place report vote totals to a central tabulation \n facility and address discrepancies the official finds \n in the aggregation of those totals with other vote \n totals.''.\n (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. \n15481(d)) is amended by striking ``January 1, 2006'' and inserting \n``January 1, 2006 (or, in the case of the requirements of subsection \n(a)(7), shall meet such requirements with respect to the first election \nfor Federal office held after the date of the enactment of the Poll \nTape Transparency Act of 2008 and each subsequent election for Federal \noffice)''.","summary":"Poll Tape Transparency Act of 2008 - Amends the Help America Vote Act with respect to the requirements for each voting system used in a federal election. Requires the appropriate election official, upon the closing of the polls at each polling place, and under the observation of the certified tabulation observers admitted to the polling place, to: (1) announce the vote orally. (2) post a copy of the poll tape reflecting the totals from each voting machine in the polling place upon which votes were cast. (3) prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots. And (4) display by noon the following day, at a prominent public location, a copy of each poll tape and statement. Requires display of such information also on the official public websites of the applicable local election official and chief state election official. Specifies similar treatment of ballots cast at early voting sites, absentee ballots, and the daily count of provisional ballots.","title":"To amend the Help America Vote Act of 2002 to establish standards for the publication of the poll tapes used in elections for Federal office, and for other purposes.","text_len":16007,"sum_len":1022} {"bill_id":"115_hr626","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Access to Inpatient Rehabilitation \nTherapy Act of 2017''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) Intensive, coordinated medical rehabilitation provided \n in inpatient rehabilitation hospitals and units is critical to \n Medicare beneficiaries with injuries, illnesses, disabilities, \n and chronic conditions in order to return to health, full \n function, independent living, and a high quality of life.\n (2) The Centers for Medicare & Medicaid Services (in this \n section referred to as ``CMS'') uses an ``intensity of \n therapy'' requirement to help determine which Medicare \n beneficiaries are appropriate for treatment in an inpatient \n rehabilitation hospital or unit. CMS has interpreted the \n intensity of therapy requirement through application of the so-\n called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which \n requires the patient to be able to participate in three hours \n of rehabilitation therapy per day, five days per week, or 15 \n hours of rehabilitation therapy over a one-week period.\n (3) Before 2010, CMS regulations explicitly stated that \n physical therapy, occupational therapy, speech therapy, and\/or \n orthotics and prosthetics were counted toward the Three Hour \n Rule on an as-needed basis. In addition, CMS regulations stated \n that ``other therapeutic modalities'' that were determined by \n the physician and the rehabilitation team to be needed by the \n patient ``on a priority basis'' would qualify toward \n satisfaction of the rule (HCFA Ruling 85-2).\n (4) This language allowed recreational therapy to count \n toward satisfaction of the Three Hour Rule for patients who \n required this mix of therapies on a priority basis in the \n inpatient rehabilitation hospital or unit setting.\n (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) \n revised these prior regulations, effective January 1, 2010, by \n limiting the Three Hour Rule to recognize only four services \n (namely, physical, occupational, and speech therapy as well as \n orthotics and prosthetics) and removing the discretion of the \n physician and the rehabilitation team to count other \n therapeutic services needed by the patient toward satisfaction \n of the Three Hour Rule. As a result, recreational therapy \n services are often not available to patients who require \n medically necessary recreational therapy as part of their plan \n of care.\n (6) Recreational therapy is a treatment service designed to \n restore, remediate, and rehabilitate a patient's level of \n functioning and independence in life activities, to promote \n health and wellness as well as to reduce or eliminate the \n activity limitations and restrictions to participation in life \n situations caused by an illness or disabling condition. \n Recreational therapy in the inpatient rehabilitation hospital \n and unit setting is provided by qualified recreational \n therapists when required by the patient's condition and \n prescribed by a physician as part of a patient's plan of care.\n (b) Purpose.--It is the purpose of this Act to restore reliance on \nthe professional judgment of the treating physician and the \nrehabilitation team when determining whether a Medicare patient meets \nthe intensity of therapy requirement of an inpatient rehabilitation \nhospital or unit in order for that patient to gain access to the \nappropriate mix of medically necessary therapeutic rehabilitation \nservices in that setting, including physical therapy, occupational \ntherapy, and, as needed, speech therapy, orthotics and prosthetics, and \nrecreational therapy.\n\nSEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES \n THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY \n PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES \n IN AN INPATIENT REHABILITATION FACILITY (IRF).\n\n (a) In General.--Section 1886(j) of the Social Security Act (42 \nU.S.C. 1395ww(j)) is amended by adding at the end the following new \nparagraph:\n ``(9) Including recreational therapy among therapy \n modalities that constitute an intensive rehabilitation therapy \n program in a rehabilitation facility.--The Secretary shall \n include recreational therapy services among the therapeutic \n modalities that constitute an intensive rehabilitation program \n in determining (pursuant to applicable regulations) whether \n inpatient services in a rehabilitation facility are reasonable \n and necessary under section 1862(a)(1)(A).''.\n (b) Effective Date.--The amendment made by section (a) shall apply \nto services furnished on or after January 1, 2018.","summary":"Access to Inpatient Rehabilitation Therapy Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare amp, Medicaid Services,nbsp, for purposes ofnbsp. Determining whether inpatient rehabilitation-facility services are reasonable and necessary under Medicare,nbsp. To include recreational-therapy services among the therapeutic modalities that constitute an intensive rehabilitation-therapy program.","title":"Access to Inpatient Rehabilitation Therapy Act of 2017","text_len":5086,"sum_len":455} {"bill_id":"111_s828","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Renewable Fuels Pipelines Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) creating the appropriate infrastructure to move \n renewable fuels is a necessary energy and transportation \n objective for the United States;\n (2) as of the date of enactment of this Act, more than 70 \n percent of the gasoline supply of the United States is \n delivered to local terminals through pipelines;\n (3) pipelines are the most cost-effective, efficient, and \n safe transportation mode in use in 2009 to deliver large \n volumes of liquid fuels;\n (4) as of the date of enactment of this Act, renewable \n fuels are transported by truck, barge, and rail, and the volume \n requirements of the Energy Independence and Security Act of \n 2007 (42 U.S.C. 17001 et seq.), and the amendments made by that \n Act, will require an expansion of the renewable fuels \n infrastructure;\n (5) the transportation of renewable fuels through a \n pipeline will facilitate the meeting of the volume requirements \n of the Energy Independence and Security Act of 2007 (42 U.S.C. \n 17001 et seq.) and the amendments made by that Act; and\n (6) the production and use of renewable fuels is supported \n by Federal policy and a corresponding Federal policy is \n necessary to support the construction of an appropriate \n infrastructure to transport those fuels.\n\nSEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL \n PIPELINES.\n\n (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 \nU.S.C. 16511) is amended by adding at the end the following:\n ``(6) Renewable fuel.--The term `renewable fuel' has the \n meaning given the term in section 211(o)(1) of the Clean Air \n Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009, \n except that the term includes ethanol and biodiesel.\n ``(7) Renewable fuel pipeline.--The term `renewable fuel \n pipeline' means a common carrier pipeline for transporting \n renewable fuel in accordance with this title.''.\n (b) Specific Appropriation or Contribution.--Section 1702(b) of the \nEnergy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking \n``No'' and inserting ``Except with respect to a project described in \nsection 1703(f), no''.\n (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 \nU.S.C. 16512(c)) is amended--\n (1) by striking ``(c) Amount.--Unless'' and inserting the \n following:\n ``(c) Amount.--\n ``(1) In general.--Unless''; and\n (2) by adding at the end the following:\n ``(2) Renewable fuel pipelines.--With respect to a project \n described in section 1703(f)--\n ``(A) a guarantee by the Secretary shall not exceed \n an amount equal to 90 percent of the project cost of \n the renewable fuel pipeline that is the subject of the \n guarantee, as estimated at the time at which the \n guarantee is issued; and\n ``(B) the Secretary may make more than 1 guarantee \n for the project, to the extent that the sum of all \n guarantees for the project does not exceed an amount \n equal to 90 percent of the project cost of the \n renewable fuel pipeline that is the subject of the \n guarantees, as estimated any time after the original \n guarantee is issued.''.\n (d) Eligible Projects.--Section 1703 of the Energy Policy Act of \n2005 (42 U.S.C. 16513) is amended by adding at the end the following:\n ``(f) Renewable Fuel Pipelines.--\n ``(1) In general.--The Secretary may make guarantees under \n this title for projects to construct renewable fuel pipelines \n without regard to any limitation imposed by this section other \n than a limitation imposed by this subsection.\n ``(2) Guarantee determinations.--In determining whether to \n make a guarantee for a project described in paragraph (1), the \n Secretary shall consider the following:\n ``(A) The volume of renewable fuel to be moved by \n the renewable fuel pipeline.\n ``(B) The size of the markets to be served by the \n renewable fuel pipeline.\n ``(C) The existence of sufficient storage to \n facilitate access to the markets to be served by the \n renewable fuel pipeline.\n ``(D) The proximity of the renewable fuel pipeline \n to renewable fuel production facilities.\n ``(E) The investment in terminal infrastructure of \n the entity carrying out the proposed project to \n construct a renewable fuel pipeline.\n ``(F) The history and experience working with \n renewable fuel of the entity carrying out the proposed \n project to construct a renewable fuel pipeline.\n ``(G) The ability of the entity carrying out the \n proposed project to construct a renewable fuel pipeline \n to ensure and maintain the quality of the renewable \n fuel through the terminal system of the entity and \n through the dedicated pipeline system.\n ``(H) The ability of the entity carrying out the \n proposed project to construct a renewable fuel pipeline \n to complete such proposed project in a timely manner.\n ``(I) The ability of the entity carrying out the \n proposed project to construct a renewable fuel pipeline \n to secure property rights-of-way.\n ``(J) Other criteria the Secretary determines \n appropriate for consideration.\n ``(3) Loan guarantee for preliminary stage.--\n ``(A) In general.--The Secretary--\n ``(i) shall evaluate a project to assemble \n a renewable fuel pipeline under this title as a \n complete project; but\n ``(ii) as a result of the size and nature \n of the project, the Secretary may make a \n guarantee under this title for an initial loan \n to assemble the renewable fuel pipeline at a \n preliminary stage in the loan approval process \n for the complete project.\n ``(B) Amount.--The amount of a loan that is \n guaranteed at the preliminary stage of a renewable fuel \n pipeline project under this paragraph--\n ``(i) shall not exceed 2 percent of the \n total amount of loan guarantees made for the \n complete project; and\n ``(ii) shall be incorporated into the total \n amount of loan guarantees made for the complete \n project.\n ``(C) Required information.--To be eligible to \n obtain a loan guarantee at the preliminary stage of a \n renewable fuel pipeline project under this paragraph, \n the applicant shall provide to the Secretary--\n ``(i) a route description for the project, \n including a centerline map of the proposed \n pipeline route subject to field verification \n and right-of-way acquisition (with a margin of \n error of 10 miles);\n ``(ii) a construction cost estimate and \n schedule for completion of the project;\n ``(iii) an environmental review of the \n impact of the project on sensitive areas, \n including likely mitigation strategies and a \n plan for conducting the necessary environmental \n impact statements; and\n ``(iv) a business plan that includes--\n ``(I) a market assessment;\n ``(II) an economic analysis; and\n ``(III) an analysis of any required \n pipeline connections to biorefineries, \n terminal locations, and other terminal \n connections.\n ``(D) Supporting information.--In making a loan \n guarantee at the preliminary stage of a renewable fuel \n pipeline project under this paragraph, the Secretary \n shall consider whether an applicant provides to the \n Secretary--\n ``(i) a comprehensive project plan that \n includes a full work plan;\n ``(ii) a full engineering summary;\n ``(iii) a detailed assessment of the \n ability of the applicant to complete the \n project in a timely manner;\n ``(iv) a right of way acquisition plan;\n ``(v) appropriate environmental studies; \n and\n ``(vi) a plan for acquiring necessary \n permits.\n ``(4) Eminent domain.--\n ``(A) In general.--Subject to subparagraph (B), the \n Secretary may provide to the owner of a renewable fuel \n pipeline under this title the same rights of eminent \n domain that the Federal Energy Regulatory Commission is \n authorized to provide to a natural gas company under \n section 7(h) of the Natural Gas Act (15 U.S.C. \n 717f(h)).\n ``(B) Certificate of public convenience and \n necessity.--An owner of a renewable fuel pipeline under \n this title shall not be required to hold a certificate \n of public convenience and necessity, or any comparable \n certificate, to exercise the rights of eminent domain \n under this title.\n ``(5) Renewable fuel pipeline ratemaking methodology.--\n Consistent with the ratemaking methodology used for a natural \n gas company under the Natural Gas Act (15 U.S.C. 717 et seq.), \n the Federal Energy Regulatory Commission shall have \n jurisdiction over the ratemaking methodology used for renewable \n fuel transported by pipeline.''.\n (e) Authorization of Appropriations.--Section 1704 of the Energy \nPolicy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end \nthe following:\n ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as are necessary to provide up to $5,000,000,000 \nin loan guarantees under this title for projects described in section \n1703(f).''.\n (f) Temporary Program for Rapid Deployment of Renewable Energy and \nElectric Power Transmission Projects.--Section 1705(a) of the Energy \nPolicy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end \nthe following:\n ``(4) Renewable fuel pipelines.''.\n\nSEC. 4. FINAL RULE.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Secretary of Energy shall--\n (1) publish in the Federal Register a final rule for \n carrying out a guarantee program for the construction of \n renewable fuel pipelines under title XVII of the Energy Policy \n Act of 2005 (22 U.S.C. 16511 et seq.) in accordance with the \n amendments made by this Act; or\n (2) modify rules and regulations applicable as of the date \n of enactment of this Act to the guarantee program under that \n title in accordance with the amendments made by this Act.","summary":"Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90 of the pipeline project cost and more than one guarantee for a project . Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project.","title":"A bill to amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes.","text_len":12406,"sum_len":930} {"bill_id":"112_hr1452","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Uranium Resources Stewardship Act'' \nor ``URSA''.\n\nSEC. 2. FEDERAL LANDS URANIUM LEASING.\n\n The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by \nredesignating section 44 as section 45, and by inserting after section \n43 the following new section:\n\n``SEC. 44. LEASING OF LANDS FOR URANIUM MINING.\n\n ``(a) In General.--\n ``(1) Withdrawal from entry; leasing requirement.--\n Effective upon the date of enactment of the Uranium Resources \n Stewardship Act, all Federal lands are hereby permanently \n withdrawn from location and entry under section 2319 of the \n Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the \n end of the 2-year period beginning on such date of enactment, \n no uranium may be produced from Federal lands except pursuant \n to a lease issued under this Act.\n ``(2) Leasing.--The Secretary--\n ``(A) may divide any lands subject to this Act that \n are not withdrawn from mineral leasing and that are \n otherwise available for uranium leasing under \n applicable law, including lands available under the \n terms of land use plans prepared by the Federal agency \n managing the land, into leasing tracts of such size as \n the Secretary finds appropriate and in the public \n interest; and\n ``(B) thereafter shall, in the Secretary's \n discretion, upon the request of any qualified applicant \n or on the Secretary's own motion, from time to time, \n offer such lands for uranium leasing and award uranium \n leases thereon by competitive bidding.\n ``(b) Fair Market Value Required.--\n ``(1) In general.--No bid for a uranium lease shall be \n accepted that is less than the fair market value, as determined \n by the Secretary, of the uranium subject to the lease.\n ``(2) Public comment.--Prior to the Secretary's \n determination of the fair market value of the uranium subject \n to the lease, the Secretary shall give opportunity for and \n consideration to public comments on the fair market value.\n ``(3) Disclosure not required.--Nothing in this section \n shall be construed to require the Secretary to make public the \n Secretary's judgment as to the fair market value of the uranium \n to be leased, or the comments the Secretary receives thereon \n prior to the issuance of the lease.\n ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases \ncovering lands the surface of which is under the jurisdiction of any \nFederal agency other than the Department of the Interior may be issued \nonly--\n ``(1) upon consent of the head of the other Federal agency; \n and\n ``(2) upon such conditions the head of such other Federal \n agency may prescribe with respect to the use and protection of \n the nonmineral interests in those lands.\n ``(d) Consideration of Effects of Mining.--Before issuing any \nuranium lease, the Secretary shall consider effects that mining under \nthe proposed lease might have on an impacted community or area, \nincluding impacts on the environment, on agricultural, on cultural \nresources, and other economic activities, and on public services.\n ``(e) Notice of Proposed Lease.--No lease sale shall be held for \nlands until after a notice of the proposed offering for lease has been \ngiven once a week for three consecutive weeks in a newspaper of general \ncirculation in the county in which the lands are situated, or in \nelectronic format, in accordance with regulations prescribed by the \nSecretary.\n ``(f) Auction Requirements.--All lands to be leased under this \nsection shall be leased to the highest responsible qualified bidder--\n ``(1) under general regulations;\n ``(2) in units of not more than 2,560 acres that are as \n nearly compact as possible; and\n ``(3) by oral bidding.\n ``(g) Required Payments.--\n ``(1) In general.--A lease under this section shall be \n conditioned upon the payment by the lessee of--\n ``(A) a royalty at a rate of not less than 12.5 \n percent in amount or value of the production removed or \n sold under the lease; and\n ``(B) a rental of--\n ``(i) not less than $2.50 per acre per year \n for the first through fifth years of the lease; \n and\n ``(ii) not less than $3 per acre per year \n for each year thereafter.\n ``(2) Use of revenues.--Amounts received as revenues under \n this subsection with respect to a lease may be used by the \n Secretary of the Interior, subject to the availability of \n appropriations, for cleaning up uranium mill tailings and \n reclaiming abandoned uranium mines on Federal lands in \n accordance with the priorities and eligibility restrictions, \n respectively, under subsections (c) and (d) of section 411 of \n the Surface Mining Control and Reclamation Act of 1977 (30 \n U.S.C. 1240a).\n ``(h) Lease Term.--A lease under this section--\n ``(1) shall be effective for a primary term of 10 years; \n and\n ``(2) shall continue in effect after such primary term for \n so long is as uranium is produced under the lease in paying \n quantities.\n ``(i) Exploration Licenses.--\n ``(1) In general.--The Secretary may, under such \n regulations as the Secretary may prescribe, issue to any person \n an exploration license. No person may conduct uranium \n exploration for commercial purposes on lands subject to this \n Act without such an exploration license. Each exploration \n license shall be for a term of not more than two years and \n shall be subject to a reasonable fee. An exploration license \n shall confer no right to a lease under this Act. The issuance \n of exploration licenses shall not preclude the Secretary from \n issuing uranium leases at such times and locations and to such \n persons as the Secretary deems appropriate. No exploration \n license may be issued for any land on which a uranium lease has \n been issued. A separate exploration license shall be required \n for exploration in each State. An application for an \n exploration license shall identify general areas and probable \n methods of exploration. Each exploration license shall be \n limited to specific geographic areas in each State as \n determined by the Secretary, and shall contain such reasonable \n conditions as the Secretary may require, including conditions \n to ensure the protection of the environment, and shall be \n subject to all applicable Federal, State, and local laws and \n regulations. Upon violation of any such conditions or laws the \n Secretary may revoke the exploration license.\n ``(2) Limitations.--A licensee may not cause substantial \n disturbance to the natural land surface. A licensee may not \n remove any uranium for sale but may remove a reasonable amount \n of uranium from the lands subject to this Act included under \n the Secretary's license for analysis and study. A licensee must \n comply with all applicable rules and regulations of the Federal \n agency having jurisdiction over the surface of the lands \n subject to this Act. Exploration licenses covering lands the \n surface of which is under the jurisdiction of any Federal \n agency other than the Department of the Interior may be issued \n only upon such conditions as it may prescribe with respect to \n the use and protection of the nonmineral interests in those \n lands.\n ``(3) Sharing of data.--The licensee shall furnish to the \n Secretary copies of all data (including geological, \n geophysical, and core drilling analyses) obtained during such \n exploration. The Secretary shall maintain the confidentiality \n of all data so obtained until after the areas involved have \n been leased or until such time as the Secretary determines that \n making the data available to the public would not damage the \n competitive position of the licensee, whichever comes first.\n ``(4) Exploration without a license.--Any person who \n willfully conducts uranium exploration for commercial purposes \n on lands subject to this Act without an exploration license \n issued under this subsection shall be subject to a fine of not \n more than $1,000 for each day of violation. All data collected \n by such person on any Federal lands as a result of such \n violation shall be made immediately available to the Secretary, \n who shall make the data available to the public as soon as it \n is practicable. No penalty under this subsection shall be \n assessed unless such person is given notice and opportunity for \n a hearing with respect to such violation.\n ``(j) Conversion of Mining Claims to Mineral Leases.--\n ``(1) In general.--The owner of any mining claim (in this \n subsection referred to as a `claimant') located prior to the \n date of enactment of the Uranium Resources Stewardship Act may, \n within two years after such date, apply to the Secretary of the \n Interior to convert the claim to a lease under this section. \n The Secretary shall issue a uranium lease under this section to \n the claimant upon a demonstration by the claimant, to the \n satisfaction of the Secretary, within one year after the date \n of the application to the Secretary, that the claim was, as of \n such date of enactment, supported by the discovery of a \n valuable deposit of uranium on the claimed land. The holder of \n a lease issued upon conversion from a mining claim under this \n subsection shall be subject to all the requirements of this \n section governing uranium leases, except that the holder shall \n pay a royalty of 6.25 percent on the value of the uranium \n produced under the lease, until beginning ten years after the \n date the claim is converted to a lease.\n ``(2) Other claims extinguished.--All mining claims located \n for uranium on Federal lands whose claimant does not apply to \n the Secretary for conversion to a lease, or whose claimant \n cannot make such a demonstration of discovery, shall become \n null and void by operation of law three years after such date \n of enactment.''.","summary":"Uranium Resources Stewardship Act or URSA - Amends the Mineral Leasing Act to: (1) withdraw all federal lands permanently from location and entry for uranium, and (2) prescribe a uranium leasing program for such lands.","title":"To amend the Mineral Leasing Act to provide for the leasing of Federal lands for uranium mining, and for other purposes.","text_len":11084,"sum_len":218} {"bill_id":"105_hr1468","text":"SECTION 1. MEDICAID EXCEPTION FOR PERMANENT RESIDENT ALIEN CHILDREN.\n\n Section 402(b)(2) of the Personal Responsibility and Work \nOpportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended \nby adding after subparagraph (D) the following new subparagraph:\n ``(E) Medicaid exception for permanent resident \n alien children.--With respect to eligibility for \n benefits under paragraph (3)(C) (relating to the \n medicaid program), an alien who --\n ``(A) is lawfully admitted for permanent residence \n under the Immigration and Nationality Act; and\n ``(B) is under 19 years of age.''.\n\nSEC. 2. EXTENSION OF ELIGIBILITY PERIOD FOR SSI AND MEDICAID FOR \n REFUGEES AND ASYLEES FROM 5 TO 7 YEARS.\n\n (a) SSI.--Section 402(a)(2)(A) of the Personal Responsibility and \nWork Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is \namended by inserting ``(or with respect to eligibility under paragraph \n(3)(A) 7 years)'' after ``5 years''.\n (b) Medicaid.--Section 402(b)(2)(A) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. \n1612(b)(2)(A)) is amended in clauses (i), (ii), and (iii) by inserting \n``(or with respect to eligibility under paragraph (3)(C) 7 years)'' \nafter ``5 years'' each place it appears.\n\nSEC. 3. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO BECAME BLIND OR \n DISABLED AFTER ADMISSION.\n\n (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) \nis amended by adding after subparagraph (D) the following new \nsubparagraph:\n ``(E) Qualified aliens who became blind or disabled \n after admission.--With respect to eligibility for \n benefits for the program defined in paragraph (3)(A) \n (relating to the supplemental security income program), \n paragraph (1) shall not apply to an alien who is a \n qualified alien (as defined in section 431) who became \n blind or disabled after admission to the United \n States.''.\n (b) Attribution of Income.--Section 421 of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (8 \nU.S.C. 1631) is amended by adding at the end the following new \nsubsection:\n ``(g) Special Rule for SSI Benefits for Blind and Disabled \nAliens.--Notwithstanding any other provision of this section, \nsubsection (a) shall not apply to benefits under section 402(a)(3)(A) \n(relating to the supplemental security income program) for an alien who \nbecame blind or disabled after admission to the United States.''.\n (c) No reimbursement requirement.--Section 423(d) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 is \namended by adding at the end the following new paragraph:\n ``(12) Benefits under section 402(a)(3)(A) (relating to the \n supplemental security income program) for an alien who became \n blind or disabled after admission to the United States.''.\n\nSEC. 4. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO WERE ADMITTED TO THE \n UNITED STATES BEFORE ATTAINING 18 YEARS OF AGE AND WERE \n BLIND OR DISABLED PRIOR TO ADMISSION.\n\n (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) \nis amended by adding after subparagraph (E) the following new \nsubparagraph:\n ``(F) Qualified aliens who became blind or disabled \n after admission.--With respect to eligibility for \n benefits for the program defined in paragraph (3)(A) \n (relating to the supplemental security income program), \n paragraph (1) shall not apply to an alien who is a \n qualified alien (as defined in section 431), who was \n admitted to the United States before attaining the age \nof 18 years, and who was blind or disabled (or for whom the onset of \nblindness or disability occurred) prior to admission to the United \nStates.''.\n (b) Attribution of Income.--Section 421 of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (8 \nU.S.C. 1631) is amended by adding at the end the following new \nsubsection:\n ``(g) Special Rule for SSI Benefits for Blind and Disabled \nAliens.--Notwithstanding any other provision of this section, \nsubsection (a) shall not apply to benefits under section 402(a)(3)(A) \n(relating to the supplemental security income program) for an alien who \nbecame blind or disabled after admission to the United States or for an \nalien who was admitted to the United States prior to attaining the age \nof 18 years and was blind or disabled (or for whom the onset of \nblindness or disability occurred) prior to admission to the United \nStates.''.\n (c) No reimbursement requirement.--Section 423(d) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 is \namended by adding at the end the following new paragraph:\n ``(12) Benefits under section 402(a)(3)(A) (relating to the \n supplemental security income program) for an alien who became \n blind or disabled after admission to the United States or for \n an alien who was admitted to the United States prior to \n attaining the age of 18 years and was blind or disabled (or for \n whom the onset of blindness or disability occurred) prior to \n admission to the United States.''.\n\nSEC. 5. EXCEPTION FOR CERTAIN BLIND AND DISABLED ALIENS TO 5-YEAR \n INELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS-\n TESTED PUBLIC BENEFITS.\n\n Section 403(b) of the Personal Responsibility and Work Opportunity \nReconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding \nafter paragraph (2) the following new paragraph:\n ``(3) Exception for blind and disabled aliens.--\n ``(A) An alien who became blind or disabled after \n admission to the United States.\n ``(B) An alien who was admitted to the United \n States before attaining the age of 18 years and who was \n blind or disabled (or for whom the onset of blindness \n or disability occurred) prior to admission to the \n United States.''.\n\nSEC. 6. SSI ELIGIBILITY FOR PERMANENT RESIDENT ALIENS AT LEAST 76 YEARS \n OF AGE.\n\n (a) In General.--Section 402(a)(2) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) \nis further amended by adding after subparagraph (E) the following new \nsubparagraph:\n ``(F) Permanent resident aliens at least 76 years \n of age.--With respect to eligibility for benefits under \n paragraph (3)(A) relating to the supplemental security \n income program), paragraph (1) shall not apply to an \n alien who\n ``(i) is lawfully admitted to the United \n States for permanent residence under the \n Immigration and Nationality Act; and\n ``(ii) is at least 76 years of age.''.\n (b) No reimbursement requirement.--Section 423(d) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 is \namended by adding at the end the following new paragraph:\n ``(13) Benefits under section 402(a)(3)(A) (relating to the \n supplemental security income program) for an alien who is \n lawfully admitted to the United States for permanent residence \n under the Immigration and Nationality Act and is at least 76 \n years of age.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n (a) In General.--Except as provided in subsection (b), the \namendments made by this Act shall be effective as if included in the \nenactment of title IV of the Personal Responsibility and Work \nOpportunity Reconciliation Act of 1996.\n (b) Exceptions.--The amendments made by sections 4, 5, and 6 shall \nbe effective with respect to benefits payable for months after July \n1997.''.","summary":"Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make permanent resident aliens under 19 years old eligible for Medicaid. Extends the refugee and asylee eligibility period for Medicaid and Supplemental Security Income (SSI). Makes qualified aliens eligible for SSI benefits who: (1) became blind or disabled after US admission. Or (2) were under 18 years old at, and blind or disabled prior to, US admission. Exempts such aliens from: (1) attribution of sponsor income and repayment requirements. And (2) the five-year ineligibility period for Federal means-tested public benefits. Makes permanent resident aliens who are at least 76 years old eligible for SSI benefits. Exempts such aliens from sponsor repayment requirements.","title":"To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to modify provisions restricting welfare and public benefits for aliens.","text_len":8346,"sum_len":764} {"bill_id":"110_hr6038","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Integrated Public Alert and Warning \nSystem Modernization Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) numerous technologies exist to enable the Federal \n Government to vastly enhance its public alert and warning \n system;\n (2) the potential benefits of these enhancements include--\n (A) greater security, survivability, and redundancy \n of the system;\n (B) an improved ability to notify remote locations;\n (C) the ability to geographically target and \n deliver alerts and warnings to multiple devices; and\n (D) the ability to allow individuals to request \n specific alerts and warnings;\n (3) a modern, integrated public alert and warning system \n will better enable government officials to provide civilian \n populations with timely and effective warnings of disasters, \n such as the devastating tornados and floods in the Midwest in \n 2008; and\n (4) the Federal Government should modernize its alert and \n warning system to improve its ability to alert the residents of \n the United States of all potential hazards under all \n conditions.\n\nSEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.\n\n (a) In General.--Section 202 of the Robert T. Stafford Disaster \nRelief and Emergency Assistance Act (42 U.S.C. 5132) is amended by \nadding at the end the following:\n ``(e) Integrated Public Alert and Warning System Modernization.--\n ``(1) In general.--In order to provide timely and effective \n disaster warnings under this section, the President, acting \n through the Director of the Federal Emergency Management \n Agency, shall--\n ``(A) modernize the integrated public alert and \n warning system of the United States (in this section \n referred to as the `public alert and warning system') \n to ensure that the President under all conditions can \n alert and warn governmental authorities and the \n civilian population in areas endangered by disasters; \n and\n ``(B) implement the public alert and warning \n system.\n ``(2) Implementation requirements.--In carrying out \n paragraph (1), the Director shall--\n ``(A) assign to the National Continuity Programs \n Directorate, or its successor, responsibility for \n advising the Director on the modernization and \n implementation of the public alert and warning system;\n ``(B) establish or adopt, as appropriate, common \n alerting and warning protocols, standards, terminology, \n and operating procedures for the public alert and \n warning system;\n ``(C) include in the public alert and warning \n system the capability to adapt the distribution and \n content of communications on the basis of geographic \n location, risks, or personal user preferences, as \n appropriate;\n ``(D) include in the public alert and warning \n system the capability to alert and warn individuals \n with disabilities and individuals with limited English \n proficiency; and\n ``(E) ensure the conduct of training, tests, and \n exercises for the public alert and warning system.\n ``(3) System requirements.--The public alert and warning \n system shall--\n ``(A) incorporate multiple communications \n technologies;\n ``(B) be designed to adapt to, and incorporate, \n future technologies for communicating directly with the \n public;\n ``(C) be designed to provide alerts to the largest \n portion of the affected population feasible and improve \n the ability of remote areas to receive alerts;\n ``(D) promote local and regional public and private \n partnerships to enhance community preparedness and \n response; and\n ``(E) provide redundant alert mechanisms where \n practicable so as to reach the greatest number of \n people regardless of whether they have access to, or \n utilize, any specific medium of communication or any \n particular device.\n ``(4) Pilot programs.--\n ``(A) In general.--The Director shall conduct pilot \n programs for the purpose of demonstrating the \n feasibility of using a variety of methods for achieving \n the system requirements specified in paragraph (3).\n ``(B) Report.--Not later than 6 months after the \n date of enactment of this subsection, and annually \n thereafter for the duration of the pilot programs, the \n Director shall submit to the Committee on \n Transportation and Infrastructure of the House of \n Representatives and the Committee on Homeland Security \n and Governmental Affairs of the Senate a report \n containing--\n ``(i) a description and assessment of the \n effectiveness of the pilot programs;\n ``(ii) any recommendations of the Director \n for additional authority to continue the pilot \n programs or make any of the programs permanent; \n and\n ``(iii) any other findings and conclusions \n of the Director with respect to the pilot \n programs.\n ``(5) Implementation plan.--Not later than 6 months after \n the date of enactment of this subsection, the Director shall \n submit to the Committee on Transportation and Infrastructure of \n the House of Representatives and the Committee on Homeland \n Security and Governmental Affairs of the Senate a detailed plan \n for implementing this subsection. The plan shall include a \n timeline for implementation, a spending plan, and \n recommendations for any additional authority that may be \n necessary to fully implement this subsection.\n ``(6) Authorization of appropriations.--There is authorized \n to be appropriated to carry out this subsection $37,000,000 for \n fiscal year 2009 and such sums as may be necessary for each \n fiscal year thereafter.''.\n (b) Limitation on Statutory Construction.--Nothing in this Act \n(including the amendment made by this Act) shall be construed to affect \nthe authority of the Department of Commerce or the Federal \nCommunications Commission.","summary":"Integrated Public Alert and Warning System Modernization Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Director of the Federal Emergency Management Agency (FEMA), to: (1) modernize and implement the integrated US public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions. (2) assign to the National Continuity Programs Directorate responsibility for advising on system modernization and implementation. (3) establish or adopt common alerting and warning protocols, standards, terminology, and operating procedures. (4) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency. And (5) ensure the conduct of training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies. (2) be designed to adapt to and incorporate future technologies for communicating directly with the public. (3) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts. (4) promote local and regional partnerships to enhance community preparedness and response. And (5) provide redundant alert mechanisms. Requires the Director to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.","title":"To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to modernize the integrated public alert and warning system of the United States, and for other purposes.","text_len":7205,"sum_len":1647} {"bill_id":"106_s640","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safer Communities Partnership Act of \n1999''.\n\nSEC. 2. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL \n JUVENILE CRIME REDUCTION STRATEGIES.\n\n (a) In General.--\n (1) Establishment.--The Attorney General (or a designee of \n the Attorney General), in conjunction with the Secretary of the \n Treasury (or the designee of the Secretary), shall establish a \n pilot program (referred to in this section as the ``program'') \n to encourage and support communities that adopt a comprehensive \n approach to suppressing and preventing violent juvenile crime \n and reducing drug and alcohol abuse among juveniles, patterned \n after successful State juvenile crime reduction strategies.\n (2) Program.--In carrying out the program, the Attorney \n General shall--\n (A) make and track grants to grant recipients \n (referred to in this section as ``coalitions'');\n (B) in conjunction with the Secretary of the \n Treasury and the Secretary of Health and Human \n Services, provide for technical assistance and \n training, in addition to data collection, and \n dissemination of relevant information; and\n (C) provide for the general administration of the \n program.\n (3) Administration.--Not later than 30 days after the date \n of enactment of this Act, the Attorney General shall appoint or \n designate an Administrator (referred to in this section as the \n ``Administrator'') to carry out the program.\n (4) Program authorization.--To be eligible to receive an \n initial grant or a renewal grant under this section, a \n coalition shall meet each of the following criteria:\n (A) Composition.--The coalition shall consist of 1 \n or more representatives of--\n (i) the local or tribal police department \n or sheriff's department;\n (ii) the local prosecutors' office;\n (iii) State or local probation officers;\n (iv) religious affiliated or fraternal \n organizations involved in crime prevention;\n (v) schools;\n (vi) parents or local grass roots \n organizations such as neighborhood watch \n groups;\n (vii) social service agencies involved in \n crime prevention;\n (viii) a juvenile or youth court judge; and\n (ix) substance and alcohol abuse counselors \n and treatment providers.\n (B) Other participants.--If possible, in addition \n to the representatives from the categories listed in \n subparagraph (A), the coalition shall include 1 or more \n representatives of--\n (i) the United States Attorney's office;\n (ii) the Federal Bureau of Investigation;\n (iii) the Bureau of Alcohol, Tobacco and \n Firearms;\n (iv) the Drug Enforcement Administration;\n (v) the business community; and\n (vi) researchers who have studied criminal \n justice and can offer technical or other \n assistance.\n (C) Coordinated strategy.--A coalition shall submit \n to the Attorney General, or the Attorney General's \n designee, a comprehensive plan for reducing violent \n juvenile crime. To be eligible for consideration, a \n plan shall--\n (i) ensure close collaboration among all \n members of the coalition in suppressing and \n preventing juvenile crime;\n (ii) place heavy emphasis on coordinated \n enforcement initiatives, such as Federal and \n State programs that coordinate local police \n departments, prosecutors, and local community \n leaders to focus on the suppression of violent \n juvenile crime involving gangs;\n (iii) ensure that there is close \n collaboration between police and probation \n officers in the supervision of juvenile \n offenders, such as initiatives that coordinate \n the efforts of parents, school officials, and \n police and probation officers to patrol the \n streets and make home visits to ensure that \n offenders comply with the terms of their \n probation;\n (iv) ensure that a program is in place to \n trace all firearms seized from crime scenes or \n offenders in an effort to identify illegal gun \n traffickers;\n (v) ensure that effective crime prevention \n programs are in place, such as programs that \n provide after-school safe havens and other \n opportunities for at-risk youth to escape or \n avoid gang or other criminal activity, and to \n reduce recidivism; and\n (vi) ensure that a program is in place to \n divert nonviolent juvenile offenders into \n substance or alcohol abuse treatment, \nthe successful completion of which may result in a suspended sentence \nfor the offense, and the unsuccessful completion of which may result in \nan enhanced sentence for the offense.\n (D) Accountability.--A coalition shall--\n (i) establish a system to measure and \n report outcomes consistent with common \n indicators and evaluation protocols established \n by the Administrator and that receives the \n approval of the Administrator; and\n (ii) devise a detailed model for measuring \n and evaluating the success of the plan of the \n coalition in reducing violent juvenile crime, \n and provide assurances that the plan will be \n evaluated on a regular basis to assess progress \n in reducing violent juvenile crime.\n (5) Priority.--In awarding grants under this section, the \n Attorney General shall give priority to coalitions representing \n communities with demonstrated juvenile crime and drug abuse \n problems.\n (6) Grant amounts.--\n (A) In general.--The Administrator may award a \n grant to an eligible coalition under this section, in \n an amount not to exceed the lesser of--\n (i) the amount of non-Federal funds raised \n by the coalition, including in-kind \n contributions, for that fiscal year; and\n (ii) $400,000.\n (B) Nonsupplanting requirement.--A coalition \n seeking funds shall provide reasonable assurances that \n funds made available under this program to States or \n units of local government shall be so used as to \n supplement and increase (but not supplant) the level of \n the State, local, and other non-Federal funds that \n would in the absence of such Federal funds be made \n available for programs described in this section, and \n shall in no event replace such State, local, or other \n non-Federal funds.\n (C) Suspension of grants.--If a coalition fails to \n continue to meet the criteria set forth in this \n section, the Administrator may suspend the grant, after \n providing written notice to the grant recipient and an \n opportunity to appeal.\n (D) Renewal grants.--Subject to subparagraph (D), \n the Administrator may award a renewal grant to grant \n recipient under this subparagraph for each fiscal year \n following the fiscal year for which an initial grant is \n awarded, in an amount not to exceed the amount of non-\n Federal funds raised by the coalition, including in-\n kind contributions, for that fiscal year, during the 4-\n year period following the period of the initial grant.\n (7) Permitted use of funds.--A coalition receiving funds \n under this section may expend such Federal funds on any use or \n program that is contained in the plan submitted to the \n Administrator.\n (8) Congressional consultation.--\n (A) In general.--Two years after the date of \n implementation of the program established in this \n section, the Comptroller General of the United States \n shall submit to Congress a report reviewing the \n effectiveness of the program in suppressing and \n reducing violent juvenile crime in the participating \n communities.\n (B) Contents of report.--The report submitted under \n subparagraph (A) shall include--\n (i) an analysis of each community \n participating in the program, along with \n information regarding the plan undertaken in \n the community, and the effectiveness of the \n plan in reducing violent juvenile crime; and\n (ii) recommendations regarding the efficacy \n of continuing the program.\n (b) Information Collection and Dissemination With Respect to \nCoalitions.--\n (1) Coalition information.--For the purpose of audit and \n examination, the Attorney General--\n (A) shall have access to any books, documents, \n papers, and records that are pertinent to any grant or \n grant renewal request under this section; and\n (B) may periodically request information from a \n coalition to ensure that the coalition meets the \n applicable criteria.\n (2) Reporting.--The Attorney General shall, to the maximum \n extent practicable and in a manner consistent with applicable \n law, minimize reporting requirements by a coalition and \n expedite any application for a renewal grant made under this \n section.\n (c) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n carry out this section $5,000,000 for each of fiscal years 2000 \n through 2003, of which--\n (A) not less than $1,000,000 in each fiscal year \n shall be used for coalitions representing communities \n with a population of not more than 50,000; and\n (B) not less than 2 percent in each fiscal year \n shall be used for technical assistance and training \n under subsection (a)(2)(B).\n (2) Source of sums.--Amounts authorized to be appropriated \n pursuant to this subsection may be derived from the Violent \n Crime Reduction Trust Fund.","summary":"Requires the Attorney General, in carrying out the program, to: (1) make and track grants. And (2) provide for technical assistance and training, in addition to data collection and dissemination of relevant information, and general program administration. Directs the Attorney General to appoint or designate an Administrator to carry out the program. Sets forth initial grant and renewal requirements. Directs that a grant recipient (coalition) submit to the Attorney General a comprehensive plan for reducing violent juvenile crime that meets specified requirements, such as ensuring that: (1) heavy emphasis is placed on coordinated enforcement initiatives. (2) there is close collaboration between police and probation officers in the supervision of juvenile offenders. (3) a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers. And (4) a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment. Requires coalitions to establish a system to measure and report outcomes, devise a detailed model for measuring and evaluating success, and provide assurances that the plan will be evaluated regularly to assess progress in reducing violent juvenile crime. Directs the Attorney General to give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems. Sets forth provisions regarding grant amounts, permitted use of funds, a Comptroller General report to Congress reviewing program effectiveness, and information collection and dissemination with respect to coalitions. Authorizes appropriations.","title":"Safer Communities Partnership Act of 1999","text_len":12248,"sum_len":1666} {"bill_id":"104_hr248","text":"SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.\n\n Part J of title III of the Public Health Service Act (42 U.S.C. \n280b et seq.) is amended by inserting after section 393 the following \nsection:\n\n\n ``prevention of traumatic brain injury\n\n ``Sec. 393A. (a) In General.--The Secretary, acting through the \nDirector of the Centers for Disease Control and Prevention, may carry \nout projects to reduce the incidence of traumatic brain injury. Such \nprojects may be carried out by the Secretary directly or through awards \nof grants or contracts to public or nonprofit private entities. The \nSecretary may directly or through such awards provide technical \nassistance with respect to the planning, development, and operation of \nsuch projects.\n ``(b) Certain Activities.--Activities under subsection (a) may \ninclude--\n ``(1) the conduct of research into identifying effective \n strategies for the prevention of traumatic brain injury; and\n ``(2) the implementation of public information and education \n programs for the prevention of such injury and for broadening the \n awareness of the public concerning the public health consequences \n of such injury.\n ``(c) Coordination of Activities.--The Secretary shall ensure that \nactivities under this section are coordinated as appropriate with other \nagencies of the Public Health Service that carry out activities \nregarding traumatic brain injury.\n ``(d) Definition.--For purposes of this section, the term \n`traumatic brain injury' means an acquired injury to the brain. Such \nterm does not include brain dysfunction caused by congenital or \ndegenerative disorders, nor birth trauma, but may include brain \ninjuries caused by anoxia due to near drowning. The Secretary may \nrevise the definition of such term as the Secretary determines \nnecessary.''.\n\nSEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.\n\n Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) \nis amended--\n (1) in subsection (d)--\n (A) in paragraph (2), by striking ``and'' after the \n semicolon at the end;\n (B) in paragraph (3), by striking the period and inserting \n ``; and''; and\n (C) by adding at the end the following paragraph:\n ``(4) the authority to make awards of grants or contracts to \n public or nonprofit private entities for the conduct of basic and \n applied research regarding traumatic brain injury, which research \n may include--\n ``(A) the development of new methods and modalities for the \n more effective diagnosis, measurement of degree of injury, \n post-injury monitoring and prognostic assessment of head injury \n for acute, subacute and later phases of care;\n ``(B) the development, modification and evaluation of \n therapies that retard, prevent or reverse brain damage after \n acute head injury, that arrest further deterioration following \n injury and that provide the restitution of function for \n individuals with long-term injuries;\n ``(C) the development of research on a continuum of care \n from acute care through rehabilitation, designed, to the extent \n practicable, to integrate rehabilitation and long-term outcome \n evaluation with acute care research; and\n ``(D) the development of programs that increase the \n participation of academic centers of excellence in head injury \n treatment and rehabilitation research and training.''; and\n (2) in subsection (h), by adding at the end the following \n paragraph:\n ``(4) The term `traumatic brain injury' means an acquired \n injury to the brain. Such term does not include brain dysfunction \n caused by congenital or degenerative disorders, nor birth trauma, \n but may include brain injuries caused by anoxia due to near \n drowning. The Secretary may revise the definition of such term as \n the Secretary determines necessary.''.\n\nSEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.\n\n Part E of title XII of the Public Health Service Act (42 U.S.C. \n300d-51 et seq.) is amended by adding at the end the following section:\n\n``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING \n TRAUMATIC BRAIN INJURY.\n\n ``(a) In General.--The Secretary, acting through the Administrator \nof the Health Resources and Services Administration, may make grants to \nStates for the purpose of carrying out demonstration projects to \nimprove access to health and other services regarding traumatic brain \ninjury.\n ``(b) State Advisory Board.--\n ``(1) In general.--The Secretary may make a grant under \n subsection (a) only if the State involved agrees to establish an \n advisory board within the appropriate health department of the \n State or within another department as designated by the chief \n executive officer of the State.\n ``(2) Functions.--An advisory board established under paragraph \n (1) shall advise and make recommendations to the State on ways to \n improve services coordination regarding traumatic brain injury. \n Such advisory boards shall encourage citizen participation through \n the establishment of public hearings and other types of community \n outreach programs. In developing recommendations under this \n paragraph, such boards shall consult with Federal, State, and local \n governmental agencies and with citizens groups and other private \n entities.\n ``(3) Composition.--An advisory board established under \n paragraph (1) shall be composed of--\n ``(A) representatives of--\n ``(i) the corresponding State agencies involved;\n ``(ii) public and nonprofit private health related \n organizations;\n ``(iii) other disability advisory or planning groups \n within the State;\n ``(iv) members of an organization or foundation \n representing traumatic brain injury survivors in that \n State; and\n ``(v) injury control programs at the State or local \n level if such programs exist; and\n ``(B) a substantial number of individuals who are survivors \n of traumatic brain injury, or the family members of such \n individuals.\n ``(c) Matching Funds.--\n ``(1) In general.--With respect to the costs to be incurred by \n a State in carrying out the purpose described in subsection (a), \n the Secretary may make a grant under such subsection only if the \n State agrees to make available, in cash, non-Federal contributions \n toward such costs in an amount that is not less than $1 for each $2 \n of Federal funds provided under the grant.\n ``(2) Determination of amount contributed.--In determining the \n amount of non-Federal contributions in cash that a State has \n provided pursuant to paragraph (1), the Secretary may not include \n any amounts provided to the State by the Federal Government.\n ``(d) Application for Grant.--The Secretary may make a grant under \nsubsection (a) only if an application for the grant is submitted to the \nSecretary and the application is in such form, is made in such manner, \nand contains such agreements, assurances, and information as the \nSecretary determines to be necessary to carry out this section.\n ``(e) Coordination of Activities.--The Secretary shall ensure that \nactivities under this section are coordinated as appropriate with other \nagencies of the Public Health Service that carry out activities \nregarding traumatic brain injury.\n ``(f) Report.--Not later than 2 years after the date of the \nenactment of this section, the Secretary shall submit to the Committee \non Commerce of the House of Representatives, and to the Committee on \nLabor and Human Resources of the Senate, a report describing the \nfindings and results of the programs established under this section, \nincluding measures of outcomes and consumer and surrogate satisfaction.\n ``(g) Definition.--For purposes of this section, the term \n`traumatic brain injury' means an acquired injury to the brain. Such \nterm does not include brain dysfunction caused by congenital or \ndegenerative disorders, nor birth trauma, but may include brain \ninjuries caused by anoxia due to near drowning. The Secretary may \nrevise the definition of such term as the Secretary determines \nnecessary.\n ``(h) Authorization of Appropriations.--For the purpose of carrying \nout this section, there is authorized to be appropriated $5,000,000 for \neach of the fiscal years 1997 through 1999.''.\n\nSEC. 4. STUDY; CONSENSUS CONFERENCE.\n\n (a) Study.--\n (1) In general.--The Secretary of Health and Human Services (in \n this section referred to as the ``Secretary''), acting through the \n appropriate agencies of the Public Health Service, shall conduct a \n study for the purpose of carrying out the following with respect to \n traumatic brain injury:\n (A) In collaboration with appropriate State and local \n health-related agencies--\n (i) determine the incidence and prevalence of traumatic \n brain injury; and\n (ii) develop a uniform reporting system under which \n States report incidents of traumatic brain injury, if the \n Secretary determines that such a system is appropriate.\n (B) Identify common therapeutic interventions which are \n used for the rehabilitation of individuals with such injuries, \n and shall, subject to the availability of information, include \n an analysis of--\n (i) the effectiveness of each such intervention in \n improving the functioning of individuals with brain \n injuries;\n (ii) the comparative effectiveness of interventions \n employed in the course of rehabilitation of individuals \n with brain injuries to achieve the same or similar clinical \n outcome; and\n (iii) the adequacy of existing measures of outcomes and \n knowledge of factors influencing differential outcomes.\n (C) Develop practice guidelines for the rehabilitation of \n traumatic brain injury at such time as appropriate scientific \n research becomes available.\n (2) Dates certain for reports.--\n (A) Not later than 18 months after the date of the \n enactment of this Act, the Secretary shall submit to the \n Committee on Commerce of the House of Representatives, and to \n the Committee on Labor and Human Resources of the Senate, a \n report describing the findings made as a result of carrying out \n paragraph (1)(A).\n (B) Not later than 3 years after the date of the enactment \n of this Act, the Secretary shall submit to the Committees \n specified in subparagraph (A) a report describing the findings \n made as a result of carrying out subparagraphs (B) and (C) of \n paragraph (1).\n (b) Consensus Conference.--The Secretary, acting through the \nDirector of the National Center for Medical Rehabilitation Research \nwithin the National Institute for Child Health and Human Development, \nshall conduct a national consensus conference on managing traumatic \nbrain injury and related rehabilitation concerns.\n (c) Definition.--For purposes of this section, the term ``traumatic \nbrain injury'' means an acquired injury to the brain. Such term does \nnot include brain dysfunction caused by congenital or degenerative \ndisorders, nor birth trauma, but may include brain injuries caused by \nanoxia due to near drowning. The Secretary may revise the definition of \nsuch term as the Secretary determines necessary.\n (d) Authorizations of Appropriations.--For the purpose of carrying \nout subsection (a)(1)(A), there is authorized to be appropriated \n$3,000,000 for each of the fiscal years 1997 through 1999. For the \npurpose of carrying out the other provisions of this section, there is \nauthorized to be appropriated an aggregate $500,000 for the fiscal \nyears 1997 through 1999. Amounts appropriated for such other provisions \nremain available until expended.\n\nSEC. 5. TECHNICAL AMENDMENTS.\n\n Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et \nseq.), as amended by Public Law 104-146 (the Ryan White CARE Act \nAmendments of 1996), is amended--\n (1) in section 2626--\n (A) in subsection (d), in the first sentence, by striking \n ``(1) through (5)'' and inserting ``(1) through (4)''; and\n (B) in subsection (f), in the matter preceding paragraph \n (1), by striking ``(1) through (5)'' and inserting ``(1) \n through (4)''; and\n (2) in section 2692--\n (A) in subsection (a)(1)(A)--\n (i) by striking ``title XXVI programs'' and inserting \n ``programs under this title''; and\n (ii) by striking ``infection and''; and\n (B) by striking subsection (c) and all that follows and \n inserting the following:\n ``(c) Authorization of Appropriations.--\n ``(1) Schools; centers.--For the purpose of grants under \n subsection (a), there are authorized to be appropriated such sums \n as may be necessary for each of the fiscal years 1996 through 2000.\n ``(2) Dental schools.--For the purpose of grants under \n subsection (b), there are authorized to be appropriated such sums \n as may be necessary for each of the fiscal years 1996 through \n 2000.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Amends the Public Health Service Act to authorize grants and contracts for research and public information projects to reduce the incidence of traumatic brain injury. Requires the National Institutes of Health's trauma research program to include the authority to award grants or contracts for basic and applied traumatic brain injury research. Authorizes grants to States for demonstration projects to improve access to health and other services regarding traumatic brain injury. Requires State establishment of an advisory board. Authorizes appropriations. Mandates a study concerning traumatic brain injuries and a national consensus conference on managing traumatic brain injury and rehabilitation. Authorizes appropriations.","title":"To amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes.","text_len":13915,"sum_len":729} {"bill_id":"113_s1745","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Somalia Stabilization Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Since the collapse of the Siad Barre regime in 1991, \n Somalia has struggled to rebuild a government and assert order \n and control over warlords, clan militias, and extremist groups.\n (2) The lack of functioning state and governing structures \n led to chronic humanitarian need within Somalia and enabled \n terrorist groups, maritime crime, illicit trafficking, and mass \n refugee flows to flourish.\n (3) In 2007, the Ethiopian military ousted the Islamic \n Courts Union and the United Nations authorized the African \n Union to deploy a peacekeeping force to Somalia, the African \n Union Mission to Somalia (AMISOM), in order to support the \n Transitional Federal Government to establish order in Somalia. \n AMISOM currently consists of troops from Burundi, Djibouti, \n Kenya, Sierra Leone, and Uganda.\n (4) In 2008, Harakat al-Shabaab al-Mujahideen (al-Shabaab) \n was designated a Foreign Terrorist Organization and a Specially \n Designated Global Terrorist entity by the United States \n Government.\n (5) In 2010, al-Shabaab took control of southern and \n central Somalia and instituted strict Sharia law.\n (6) In July 2010, Al-Shabaab retaliated against a \n contributor to AMISOM by carrying out an attack in Kampala, \n Uganda, which killed 74 people and injured 70 others.\n (7) In 2010, in response to growing al-Shabaab dominance \n and brutality, the AMISOM mandate was expanded to directly \n target and counter al-Shabaab in Somalia.\n (8) In 2011 and 2012, when many parts of the country were \n suffering from severe food insecurity and famine, al-Shabaab \n denied humanitarian access to its residents, resulting in the \n death of close to 260,000 people and acute food insecurity for \n millions.\n (9) In 2011, the Kenyan Defense Force joined AMISOM, to \n help take control of urban areas like Mogadishu and Kismayo \n from al-Shabaab control.\n (10) In 2012, improved security in much of urban Somalia \n enabled the Transitional Federal Government to complete a draft \n constitution and end its transitional term.\n (11) In 2012, a regionally representative Somali \n constituent assembly elected a new Federal parliament, which in \n turn elected President Hassan Sheikh Mohamud.\n (12) The United States, Arab and European countries, the \n United Nations, and the African Union officially recognized the \n new Somali government, citing the process that created it as \n being the most credible and inclusive process to date.\n (13) On March 6, 2013, the United Nations Security Council \n passed Resolution 2093, creating a new exemption to the 21-\n year-old arms embargo for a period of 12 months, to allow for \n ``deliveries of weapons or military equipment or the provision \n of advice, assistance or training, intended solely for the \n development of the National Security Forces of the Federal \n Government of Somalia'', and calling for the training, \n equipping, and capacity-building of Somali Security Forces, \n including both its armed forces and police, with special focus \n on the development of infrastructure to ``ensure the safe \n storage, registration, maintenance and distribution of military \n equipment,'' and ``procedures and codes of conduct . . . for \n the registration, distribution, use, and storage of weapons''.\n (14) On May 2, 2013, the United National Security Council \n passed Resolution 2102, establishing the United Nations \n Assistance Mission in Somalia (UNSOM) under the leadership of a \n Special Representative of the Secretary-General to support the \n Government of Somalia with peace-building, state-building and \n governance, as well as the coordination of international \n assistance.\n (15) Though greeted with great optimism, the Government of \n Somalia has run into many challenges, which has stalled its \n efforts to finalize the constitution, guide the structure of \n the new state, or provide services to the population.\n (16) President Hassan Sheikh Mohamud and his government \n have committed to the completion of these tasks and to holding \n a constitutional referendum and national election by 2016.\n (17) On September 16, 2013, the international community and \n a high level Somali delegation endorsed a compact based on the \n ``New Deal Strategy for Engagement in Fragile States.'' Donors \n pledged $2,400,000,000 over three years to support Somali \n development priorities, including $69,000,000 from the United \n States.\n (18) Al Shabaab continues to use terrorist tactics to \n attack soft targets. On September 21-24, 2013, al-Shabaab \n perpetrated an attack on the Westgate mall in Nairobi, Kenya, \n killing at least 67 people.\n\nSEC. 3. SENSE OF CONGRESS.\n\n It is the sense of Congress that the United States should--\n (1) support the Somali Federal Government, regional \n administrations, Federal units, and people in their ongoing \n efforts to consolidate political gains and develop credible, \n transparent, and representative government systems and \n institutions, and foster complementary processes at the local, \n regional, and national levels;\n (2) continue to support African-led regional efforts to \n improve security and stability in Somalia, including through \n the African Union Mission to Somalia (AMISOM) and the United \n Nations Assistance Mission in Somalia (UNSOM);\n (3) support the people and Government of Somalia to develop \n professional and regionally and ethnically representative \n Somali security forces that are capable of maintaining and \n expanding security within Somalia, confronting international \n security threats such as terrorism, and preventing human rights \n abuses;\n (4) continue to provide lifesaving humanitarian assistance \n as needed, while bolstering resilience and building a \n foundation for sustained, inclusive development for the people \n of Somalia; and\n (5) carry out all diplomatic, economic, intelligence, \n military, and development activities in Somalia within the \n context of a comprehensive strategy coordinated through an \n interagency process.\n\nSEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE CONSOLIDATION OF \n SECURITY AND GOVERNANCE GAINS IN SOMALIA.\n\n (a) Requirement for Strategy.--Not later than 120 days after the \ndate of the enactment of this Act, the President shall submit to the \nappropriate committees of Congress a strategy to guide future United \nStates action in support of the Government and people of Somalia to \nfoster economic growth and opportunity, counter armed threats to \nstability, and develop credible, transparent, and representative \ngovernment systems and institutions.\n (b) Content of Strategy.--The strategy required under subsection \n(a) should include the following elements:\n (1) A clearly stated policy toward Somalia on supporting \n the consolidation of political gains at the national level, \n while also encouraging and supporting complementary processes \n at the local and regional levels.\n (2) Measures to support the development goals identified by \n the people and Government of Somalia.\n (3) Plans for strengthening efforts by the Government of \n Somalia, the African Union, and regional governments to \n stabilize the security situation within Somalia and further \n degrade al-Shabaab's capabilities, in order to enable the \n eventual transfer of security operations to Somali security \n forces capable of--\n (A) maintaining and expanding security within \n Somalia;\n (B) confronting international security threats; and\n (C) preventing human rights abuses.\n (4) Plans for supporting the development and \n professionalization of regionally and ethnically representative \n Somali security forces, including the infrastructure and \n procedures required to ensure chain of custody and the safe \n storage of military equipment and an assessment of the benefits \n and risks of the provision of weaponry to the Somali security \n forces by the United States.\n (5) A description of United States national security \n objectives addressed through military-to-military cooperation \n activities with Somali security forces.\n (6) A description of security risks to United States \n personnel conducting security cooperation activities within \n Somalia and plans to assist the Somali security forces in \n preventing infiltration and insider attacks, including through \n the application of lessons learned in United States military \n training efforts in Afghanistan.\n (7) A description of United States tools for monitoring and \n responding to violations of the United Nations Security Council \n arms embargo, charcoal ban, and other international agreements \n affecting the stability of Somalia.\n (8) A description of mechanisms for coordinating United \n States military and non-military assistance with other \n international donors, regional governments, and relevant \n multilateral organizations.\n (9) Plans to increase United States diplomatic engagement \n with Somalia, including through the future establishment of an \n embassy or other diplomatic posts in Mogadishu.\n (10) Any other element the President determines \n appropriate.\n (c) Reports.--Not later than 180 days from the submission of the \nstrategy required under subsection (a), and annually thereafter for \nthree years, the President shall submit to the appropriate committees \nof Congress an update on implementation of the strategy and progress \nmade in Somalia in security, stability, development, and governance.\n (d) Form.--The strategy under this section shall be submitted in \nunclassified form, but may include a classified annex. The reports may \ntake the form of a briefing, unclassified report, or unclassified \nreport with a classified annex.\n (e) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n (1) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Relations, and the Select \n Committee on Intelligence of the Senate; and\n (2) the Committee on Appropriations, the Committee on Armed \n Services, the Committee on Foreign Affairs, and the Permanent \n Select Committee on Intelligence of the House of \n Representatives.","summary":"Somalia Stabilization Act of 2013 - Expresses the sense of Congress that the United States should: (1) support the Somali Federal Government, regional administrations, federal units, and people in their efforts to consolidate political gains and develop credible and representative government systems and institutions. (2) support African-led regional efforts to improve security and stability in Somalia. (3) support the development of professional and regionally and ethnically representative Somali security forces. (4) provide humanitarian assistance as needed while building a foundation for Somalia's development. And (5) carry out all diplomatic, economic, intelligence, military, and development activities in Somalia within the context of a comprehensive strategy coordinated through an interagency process. Directs the President to submit to Congress a strategy to guide future US action in support of the government and people of Somalia to foster economic growth, counter armed threats to stability, and develop credible and representative government systems and institutions.","title":"Somalia Stabilization Act of 2013","text_len":11529,"sum_len":1088} {"bill_id":"112_s1736","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Acquisition \nSavings Reform Act of 2011''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Use of reverse auction methods.\nSec. 4. Federal Strategic Sourcing Initiative.\nSec. 5. Savings through leveraging the Federal Government's purchasing \n power.\nSec. 6. Governmentwide contract vehicles.\nSec. 7. Streamlining of contract closeouts.\nSec. 8. Affordability as a requirement for certain acquisition plans.\nSec. 9. Cost efficiency objectives for service contracts.\nSec. 10. Establishing governmentwide acquisition savings criteria.\nSec. 11. Office of Management and Budget savings requirements.\nSec. 12. Expedited payment to small business.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Approved business case.--The term ``approved business \n case'' means a business case approved by the senior procurement \n executive of an executive agency.\n (2) Acquisition.--The term ``acquisition'' has the meaning \n given the term in section 131 of title 41, United States Code.\n (3) Commercial item.--The term ``commercial item'' has the \n meaning given the term in section 103 of title 41, United \n States Code.\n (4) Executive agency.--The term ``executive agency'' has \n the meaning given the term in section 133 of title 41, United \n States Code.\n (5) Federal acquisition regulation.--The term ``Federal \n Acquisition Regulation'' means the Federal Acquisition \n Regulation maintained under section 1303(a)(1) of title 41, \n United States Code.\n (6) Federal acquisition regulatory council.--The term \n ``Federal Acquisition Regulatory Council'' means the Federal \n Acquisition Regulatory Council established under section \n 1302(a) of title 41, United States Code.\n (7) Federal strategic sourcing vehicles (fssvs).--The term \n ``Federal Strategic Sourcing Vehicles'' means a kind of \n governmentwide interagency acquisition contract or agreement \n designated by the Office of Management and Budget to leverage \n the Federal Government's buying power and save taxpayers money.\n (8) Interagency contract.--The term ``interagency \n contract''--\n (A) includes--\n (i) governmentwide acquisition contracts as \n defined in Federal Acquisition Regulation part \n 2.101;\n (ii) multi-agency contracts as defined in \n Federal Acquisition Regulation part 2.101;\n (iii) Federal Supply Schedule contracts; \n and\n (iv) franchise funds; and\n (B) does not include contracts entered into under \n the authority of section 1535 of title 31, United \n States Code.\n (9) Procurement.--The term ``procurement'' has the meaning \n given the term in section 111 of title 41, United States Code.\n\nSEC. 3. USE OF REVERSE AUCTION METHODS.\n\n Not later than 270 days after the date of the enactment of this \nAct, the Federal Acquisition Regulatory Council shall amend the Federal \nAcquisition Regulation to require the heads of executive agencies, to \nthe extent possible, to use online reverse auction, or an equivalent \nmethod, in the procurement of commercial items above the simplified \nacquisition threshold whenever doing so would be expected to result in \nsavings to the agencies. The regulatory guidance shall address the \ncircumstances in which use of reverse auctions is appropriate, and \nshall direct agencies, in deciding whether to use auctions or an \nequivalent method, to consider the dollar volume of the acquisition and \npotential to streamline the procurement for the agency and vendors.\n\nSEC. 4. FEDERAL STRATEGIC SOURCING INITIATIVE.\n\n (a) Consideration in Acquisition Planning Process.--Not later than \n270 days after the date of the enactment of this Act, the Federal \nAcquisition Regulatory Council shall amend the Federal Acquisition \nRegulation to require the consideration of Federal Strategic Sourcing \nVehicles in the acquisition planning process, by including a listing of \nFederal Strategic Sourcing Vehicles in the ``Priorities for use of \nGovernment supply sources'' for Supplies and Services. The Office of \nManagement and Budget shall maintain a website with the current list of \nFederal Strategic Sourcing Vehicles. The Supplies priority shall be \nafter the priority for wholesale supply services. The Services priority \nshall be after services which are on the Procurement List maintained by \nthe Committee for Purchase From People Who are Blind or Severely \nDisabled. The Federal Acquisition Regulation shall be amended to \nauthorize purchases from other than from Federal Strategic Sourcing \nVehicles, provided that consideration is given to its use in the \nacquisition planning process. The plan will be documented to \nacknowledge why usage of other than Federal Strategic Sourcing Vehicles \nis warranted. The acknowledgment shall indicate that such action is \njudged to be in the best interest of the Federal Government in terms of \nthe combination quality, timeliness, and cost that best meets the \nrequirement. Cost comparisons shall include the administrative cost of \nthe acquisition. Unusual and compelling urgency as prescribed in the \nFederal Acquisition Regulation shall also be an authorized reason from \ndeviating from the Federal Strategic Sourcing Vehicles.\n (b) Maximization of Small Business and Other Socioeconomic \nCategories in Federal Strategic Sourcing Vehicles.--The Administrator \nfor Federal Procurement Policy shall issue policy maximizing the \nparticipation of small business and other socioeconomic categories such \nas service-disabled veteran-owned small business in these Federal \nStrategic Sourcing Vehicles. Agencies shall also be credited towards \ntheir small business goals when awarding to small business Federal \nStrategic Sourcing Vehicle contract holders.\n (c) Identification of Designated Federal Strategic Source \nVehicles.--The Office of Management and Budget shall identify on its \nwebsite a list of all Federal Strategic Source Vehicle contracts and \nagreements and awardees.\n (d) Inclusion of Information Technology Purchases and Services in \nInitiative.--\n (1) Data collection.--The Director of the Office of \n Management and Budget shall prescribe regulations requiring \n Chief Information Officers and Chief Acquisition Officers of \n executive agencies to develop and gather such data on \n information technology purchases and service acquisitions by \n North American Industrial Classification codes.\n (2) Annual report.--The regulations prescribed under this \n subsection shall require the head of each executive agency to \n submit to the Director of Office of Management and Budget an \n annual report through fiscal year 2016 including the data \n collected under paragraph (1) and a plan for the strategic \n sourcing of information technology purchases and common \n commercial services. The plan shall include specific \n milestones, measurable savings, and evaluation criteria.\n (e) Reporting.--The head of each executive agency shall submit to \nthe Director of the Office of Management and Budget an annual report \nfor each of fiscal years 2013 through 2016, estimating the amount of \nsavings achieved through the usage of Federal Strategic Sourcing \nVehicles and through other measurable acquisition savings methods \napproved by the Administrator for Federal Procurement Policy. The \nreport shall also specify by each Federal Strategic Sourcing Vehicle \ncommodity what guidance the agency has issued to employees instructing \nthem to procure goods or services through the Federal Strategic \nSourcing Vehicle. If the agency has not issued such guidance to their \nemployees, the agency shall submit an explanation.\n\nSEC. 5. SAVINGS THROUGH LEVERAGING THE FEDERAL GOVERNMENT'S PURCHASING \n POWER.\n\n Not later than 120 days after the date of the enactment of this \nAct, the Director of the Office of Management and Budget shall develop \na plan to achieve not less than $1,000,000,000 in measurable savings \nthrough Federal Strategic Sourcing Vehicles for fiscal years 2013 \nthrough 2016. The plan shall include an annual scorecard measuring the \nsuccess of each executive agency in achieving savings.\n\nSEC. 6. GOVERNMENTWIDE CONTRACT VEHICLES.\n\n Not later than 270 days after the date of the enactment of this \nAct, the Federal Acquisition Regulatory Council shall amend the Federal \nAcquisition Regulation to provide that--\n (1) where an agency is unable to satisfy the requirements \n from a mandatory source, agencies are strongly encouraged to \n utilize Federal Supply Schedules, governmentwide acquisition \n contracts, multi-agency contracts, and any other procurement \n instruments intended for use by multiple agencies, including \n blanket purchase agreements (BPAs) under Federal Supply \n Schedule contracts absent a written justification that the \n governmentwide contract is not in the best interest of the \n Federal Government;\n (2) agencies shall promote acquisition strategies utilizing \n these vehicles to maximize participation of small businesses \n and other socioeconomic categories, including set-asides of \n acquisitions under these vehicles; and\n (3) contracting officers shall be encouraged by agency \n guidance to maximize competition under these vehicles to the \n maximum amount practicable with the goal of achieving the best \n value to the Federal Government.\n\nSEC. 7. STREAMLINING OF CONTRACT CLOSEOUTS.\n\n (a) Authority To Waive Contract Closeout Audits.--\n (1) Authority.--Not later than 270 days after the date of \n the enactment of this Act, the Federal Acquisition Regulatory \n Council shall amend the Federal Acquisition Regulation to \n provide contracting officers the authority to waive contract \n closeout audits above the simplified acquisition purchase \n threshold based on risk assessments. Factors upon which an \n assessment of low risk may include time and material contracts, \n low dollar cost type contracts, and contractors with approved \n business systems, strong internal controls, and good past \n performance ratings.\n (2) Guidance.--Not later than 270 days after the date of \n the enactment of this Act, the Administrator for Federal \n Procurement Policy, in collaboration with the Director of the \n Defense Procurement and Acquisition Policy, shall issue \n guidance for assisting contracting officials in determining \n when waivers of contract closeout audits pursuant to paragraph \n (1) are appropriate.\n (3) Use of abilityone program.--Where practicable, and in \n accordance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et \n seq.) as administered by the Committee For Purchase From People \n Who Are Blind or Severely Disabled, utilize the AbilityOne \n Program to accomplish non-inherently governmental tasks \n associated with contract or grant close-out in those cases \n where a Federal agency utilizes contractor support for close-\n out functions.\n (b) Firm-Fixed Contracts.--Not later than 270 days after the date \nof the enactment of this Act, the Federal Acquisition Regulatory \nCouncil shall amend the Federal Acquisition Regulation to provide that, \non firm-fixed contracts--\n (1) contractors shall submit a final invoice within 60 days \n of Federal Government acceptance or relinquish payment unless \n exempted by the contracting officer;\n (2) the contracting officer may--\n (A) close a contract without a final invoice if the \n amount due is less than $1,000 and less than 10 percent \n of the contract value; and\n (B) unilaterally deobligate any unliquidated \n obligations remaining on the contract; and\n (3) such contracts may be closed with missing contract \n documentation if no additional product or service will be \n received by the Federal Government and there are no outstanding \n administrative actions.\n (c) Authority To Write Off Unreconciled Balances for Low-Risk \nContracts.--Not later than 270 days after the date of the enactment of \nthis Act, the Federal Acquisition Regulatory Council shall amend the \nFederal Acquisition Regulation to provide contracting officers, with \napproval one level above the contracting officer concerned, the \nauthority to write off unreconciled balances on low-risk contracts in \ncases in which--\n (1) all administrative actions are complete, including \n final payment to the contractor unless exempted under \n subsection (b)(1); and\n (2) a written notice of the action has been sent to the \n payment office responsible for the contract.\n (d) Authority To Grant Exemptions.--The regulations promulgated \nunder this section shall permit the head of contracting activity to \ngrant exemptions to the requirements under this section, with the \nexemptions included in the contract file.\n (e) Contracting Officer Defined.--In this section, the term \n``contracting officer'' includes procuring and administrative \ncontracting officers.\n\nSEC. 8. AFFORDABILITY AS A REQUIREMENT FOR CERTAIN ACQUISITION PLANS.\n\n (a) In General.--Not later than 270 days after the date of the \nenactment of this Act, the Federal Acquisition Regulatory Council shall \namend the Federal Acquisition Regulation to require heads of executive \nagencies to mandate that affordability be included as a requirement for \nmajor systems, research and development, construction and architect-\nengineering acquisitions prior to the approval of any acquisition plan \nexceeding $100,000,000.\n (b) Affordability Defined.--In this section, the term \n``affordability'' refers to conducting an acquisition program at a cost \nconstrained by the maximum resources that an executive agency can \nallocate for a particular capability.\n\nSEC. 9. COST EFFICIENCY OBJECTIVES FOR SERVICE CONTRACTS.\n\n Not later than 270 days after the date of the enactment of this \nAct, the Federal Acquisition Regulatory Council shall amend the Federal \nAcquisition Regulation to require service contracts valued at more than \n$100,000,000 include provisions to achieve productivity improvements \nand cost efficiencies. The regulation shall permit the head of \ncontracting activity to grant exceptions to this requirement which \nshall be included in the contract file.\n\nSEC. 10. ESTABLISHING GOVERNMENTWIDE ACQUISITION SAVINGS CRITERIA.\n\n The Administrator for Federal Procurement Policy, in collaboration \nwith the Director of the Defense Procurement and Acquisition Policy, \nshall establish at least one year from enactment a methodology to track \nand monitor progress made by executive agencies in achieving measurable \nacquisition savings. Measurable acquisition savings should include \nprice reductions and cost savings through reduced acquisition costs \nsuch as administrative costs.\n\nSEC. 11. OFFICE OF MANAGEMENT AND BUDGET SAVINGS REQUIREMENTS.\n\n (a) Plan for Reduced Use of Time and Materials Contracts.--Not \nlater than 270 days after the date of the enactment of this Act, the \nAdministrator for Federal Procurement Policy, in coordination with the \nAdministrator of General Services and the Secretary of Defense, shall \ndevelop a plan for reducing the use of time and materials and labor \nhour contracts, including for orders under indefinite delivery\/\nindefinite quantity contracts.\n (b) Report on Spending on Management Support Service Contracts.--\nNot later than one year after the date of the enactment of this Act, \nthe Administrator for Federal Procurement Policy, in collaboration with \nthe Director of the Defense Procurement and Acquisition Policy, shall \nsubmit to Congress a report on reduced spending on management support \nservice contracts.\n\nSEC. 12. EXPEDITED PAYMENT TO SMALL BUSINESS.\n\n Not later than 270 days after the date of the enactment of this \nAct, the Federal Acquisition Regulatory Council shall amend the Federal \nAcquisition Regulation to reflect that governmentwide policy is to \nassist small business concerns by paying them as quickly as possible \nafter invoices and all proper documentation, including acceptance, are \nreceived and before normal payment due dates established in the \ncontract.","summary":"Acquisition Savings Reform Act of 2011 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to revise certain federal acquisition practices and procedures, including by: (1) requiring executive agency heads to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold. (2) requiring the consideration of Federal Strategic Sourcing Vehicles in the acquisition planning process. (3) authorizing contracting officers to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments and to write off unreconciled balances on low risk contracts. (4) requiring executive agency heads to mandate that affordability be included as a requirement for major systems, research and development, and construction and architect-engineering acquisitions, prior to the approval of any acquisition plan exceeding $100 million. (5) requiring service contracts valued at more than $100 million to include provisions to achieve productivity improvements and cost efficiencies. And (6) assisting small businesses by paying their invoices as quickly as possible and before normal payment due dates established by contract. Requires the Administrator for Federal Procurement Policy to develop a plan for reducing the use of time and materials and labor hour contracts. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify on the OMB website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees, and (2) develop a plan to achieve not less than $1 billion in measurable savings through Federal Strategic Sourcing Vehicles for FY2013-FY2016.","title":"A bill to achieve cost savings through the reform of Federal acquisition practices and procedures.","text_len":17127,"sum_len":1751} {"bill_id":"109_hr4361","text":"SECTION 1. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR \n SURVIVORS AND DEPENDENTS OF VETERANS.\n\n (a) Termination of Durational Limitation on Use of Educational \nAssistance.--\n (1) Termination of limitation and restatement of continuing \n requirements.--Subsection (a) of section 3511 of title 38, \n United States Code, is amended to read as follows:\n ``(a)(1) Notwithstanding any other provision of this chapter or \nchapter 36 of this title, any payment of educational assistance \ndescribed in paragraph (2) shall not be charged against the entitlement \nof any individual under this chapter.\n ``(2) The payment of educational assistance referred to in \nparagraph (1) is the payment of such assistance to an individual for \npursuit of a course or courses under this chapter if the Secretary \nfinds that the individual--\n ``(A) had to discontinue such course pursuit as a result of \n being ordered to serve on active duty under section 688, \n 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and\n ``(B) failed to receive credit or training time toward \n completion of the individual's approved educational, \n professional, or vocational objective as a result of having to \n discontinue, as described in subparagraph (A), the course \n pursuit.''.\n (2) Conforming amendments.--(A) The heading of section 3511 \n of such title is amended to read as follows:\n``Sec. 3511. Treatment of certain interruptions in pursuit of programs \n of education''.\n (B) Section 3532(g) of such title is amended--\n (i) by striking paragraph (2); and\n (ii) by redesignating paragraph (3) as paragraph \n (2).\n (C) Section 3541 of such title is amended to read as \n follows:\n``Sec. 3541. Special restorative training\n ``(a) The Secretary may, at the request of an eligible person--\n ``(1) determine whether such person is in need of special \n restorative training; and\n ``(2) if such need is found to exist, prescribe a course \n which is suitable to accomplish the purposes of this chapter.\n ``(b) A course of special restorative training under subsection (a) \nmay, at the discretion of the Secretary, contain elements that would \ncontribute toward an ultimate objective of a program of education.''.\n (D) Section 3695(a)(4) of such title is amended by striking \n ``35,''.\n (b) Extension of Delimiting Age of Eligibility for Dependents.--\nSection 3512(a) of title 38, United States Code, is amended by striking \n``twenty-sixth birthday'' each place it appears and inserting \n``thirtieth birthday''.\n (c) Amount of Educational Assistance.--\n (1) In general.--Section 3532 of title 38, United States \n Code, is amended to read as follows:\n``Sec. 3532. Amount of educational assistance\n ``(a) The aggregate amount of educational assistance to which an \neligible person is entitled under this chapter is $80,000, as increased \nfrom time to time under section 3564 of this title.\n ``(b) Within the aggregate amount provided for in subsection (a), \neducational assistance under this chapter may be paid for any purpose, \nand in any amount, as follows:\n ``(1) A program of education consisting of institutional \n courses.\n ``(2) A full-time program of education that consists of \n institutional courses and alternate phases of training in a \n business or industrial establishment with the training in the \n business or industrial establishment being strictly \n supplemental to the institutional portion.\n ``(3) A farm cooperative program consisting of \n institutional agricultural courses prescheduled to fall within \n forty-four weeks of any period of twelve consecutive months \n that is pursued by an eligible person who is concurrently \n engaged in agricultural employment which is relevant to such \n institutional agricultural courses as determined under \n standards prescribed by the Secretary.\n ``(4) A course or courses or other program of special \n educational assistance as provided in section 3491(a) of this \n title.\n ``(5) A program of apprenticeship or other on-job training \n pursued in a State as provided in section 3687(a) of this \n title.\n ``(6) In the case of an eligible spouse or surviving \n spouse, a program of education exclusively by correspondence as \n provided in section 3686 of this title.\n ``(7) A special training allowance for special restorative \n training as provided in section 3542 of this title.\n ``(c) If a program of education is pursued by an eligible person at \nan institution located in the Republic of the Philippines, any \neducational assistance for such person under this chapter shall be paid \nat the rate of $0.50 for each dollar.\n ``(d)(1) Subject to paragraph (2), the amount of educational \nassistance payable under this chapter for a licensing or certification \ntest described in section 3501(a)(5) of this title is the lesser of \n$2,000 or the fee charged for the test.\n ``(2) In no event shall payment of educational assistance under \nthis subsection for such a test exceed the amount of the individual's \navailable entitlement under this chapter.''.\n (2) Conforming amendments.--(A) Section 3533 of such title \n is amended to read as follows:\n``Sec. 3533. Tutorial assistance\n ``An eligible person shall, without any charge to any entitlement \nof such person to educational assistance under section 3532(a) of this \ntitle be entitled to the benefits provided an eligible veteran under \nsection 3492 of this title.''.\n (B) Section 3534 of such title is repealed.\n (C) Section 3542 of such title is amended--\n (i) in subsection (a), by striking ``computed at \n the basic rate'' and all that follows through the end \n of the subsection and inserting a period; and\n (ii) in subsection (b), by striking ``an \n educational assistance allowance'' and inserting \n ``educational assistance''.\n (D) Section 3543(c) of such title is amended--\n (i) in paragraph (1), by adding ``and'' at the end;\n (ii) by striking paragraph (2); and\n (iii) by redesignating paragraph (3) as paragraph \n (2).\n (E) Section 3564 of such title is amended by striking \n ``rates payable under sections 3532, 3534(b), and 3542(a)'' and \n inserting ``aggregate amount of educational assistance payable \n under section 3532''.\n (F) Paragraph (1) of section 3565(b) of such title is \n amended to read as follows:\n ``(1) educational assistance payable under section 3532 of \n this title, including the special training allowance referred \n to in subsection (b)(7) of such section, shall be paid at the \n rate of $0.50 for each dollar; and''.\n (G) Section 3687 of such title is amended--\n (i) in subsection (a)--\n (I) in the matter preceding paragraph (1), \n by striking ``or an eligible person (as defined \n in section 3501(a) of this title)''; and\n (II) in the flush matter following \n paragraph (2), by striking ``chapters 34 and \n 35'' and inserting ``chapter 34'';\n (ii) in subsection (c), by striking ``chapters 34 \n and 35'' and inserting ``chapter 34''; and\n (iii) in subsection (e), by striking paragraph (3) \n and inserting the following new paragraph (3):\n ``(3) In this subsection, the term `individual' means an \n eligible veteran who is entitled to monthly educational \n assistance allowances payable under section 3015(e) of this \n title.''.\n (d) Other Conforming Amendments.--(1) Section 3524 of title 38, \nUnited States Code, is amended by striking ``allowance'' each place it \nappears.\n (2)(A) Section 3531 of such title is amended--\n (i) in subsection (a), by striking ``an educational \n assistance allowance'' and inserting ``educational \n assistance''; and\n (ii) in subsection (b), by striking ``allowance''.\n (B) The heading of such section is amended by striking \n``allowance''.\n (3) Section 3537(a) of such title is amended by striking \n``additional''.\n (e) Clerical Amendments.--The table of sections at the beginning of \nchapter 35 of title 38, United States Code, is amended--\n (1) by striking the item relating to section 3511 and \n inserting the following new item:\n\n``3511. Treatment of certain interruptions in pursuit of programs of \n education.'';\n (2) by striking the items relating to section 3531, 3532, \n and 3533 and inserting the following new items:\n\n``3531. Educational assistance.\n``3532. Amount of educational assistance.\n``3533. Tutorial assistance.'';\n (3) by striking the item relating to section 3534; and\n (4) by striking the item relating to section 3541 and \n inserting the following new item:\n\n``3541. Special restorative training.''.\n (f) Effective Dates.--(1) The amendments made by this section shall \ntake effect on the date of the enactment of this Act.\n (2) Notwithstanding the effective date under paragraph (1) of the \namendment to section 3564 of title 38, United States Code, made by \nsubsection (c)(2)(E), the Secretary of Veterans Affairs shall make the \nfirst increase in the aggregate amount of educational assistance under \nsection 3532 of such title as required by such section 3564 (as so \namended) for fiscal year 2006.","summary":"Revises basic educational assistance for veterans' survivors and dependents to: (1) eliminate the present 45 month cap on benefit payments and set an aggregate limit of $80,000. (2) extend from a dependent's 26th to 30th birthday the delimiting age for the use of such assistance. (3) increase the amount of such assistance for survivors and dependents pursuing certain types of education. And (4) authorize the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement.","title":"To amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans.","text_len":10146,"sum_len":524} {"bill_id":"103_s1624","text":"SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS \n PLAN PARTICIPANTS.\n\n (a) Participation in the Thrift Savings Plan.--Section 8351(b) of \ntitle 5, United States Code, is amended--\n (1) by amending paragraph (4) to read as follows:\n ``(4) Section 8433(b) of this title applies to any employee \n or Member who elects to make contributions to the Thrift \n Savings Fund under subsection (a) of this section and separates \n from Government employment.'';\n (2) by striking out paragraphs (5), (6), and (8);\n (3) by redesignating paragraphs (7), (9), and (10) as \n paragraphs (5), (6), and (7), respectively;\n (4) in paragraph (5)(C) (as redesignated under paragraph \n (3) of this subsection) by striking out ``or former spouse'' in \n both places it appears;\n (5) by amending paragraph (6) (as redesignated under \n paragraph (3) of this subsection) to read as follows:\n ``(6) Notwithstanding paragraph (4), if an employee or \n Member separates from Government employment and such employee's \n or Member's nonforfeitable account balance is $3,500 or less, \n the Executive Director shall pay the nonforfeitable account \n balance to the participant in a single payment unless the \n employee or Member elects, at such time and otherwise in such \n manner as the Executive Director prescribes, one of the options \n available under section 8433(b) of this title.''; and\n (6) in paragraph (7) (as redesignated under paragraph (3) \n of this subsection) by striking out ``nonforfeiture'' and \n inserting in lieu thereof ``nonforfeitable''.\n (b) Benefits and Election of Benefits.--Section 8433 of title 5, \nUnited States Code, is amended--\n (1) in subsection (b) by striking out the matter before \n paragraph (1) and inserting in lieu thereof ``Subject to \n section 8435 of this title, any employee or Member who \n separates from Government employment entitled to an annuity \n under subchapter II of this chapter or any employee or Member \n who separates from Government employment is entitled and may \n elect--'';\n (2) by striking out subsections (c) and (d) and \n redesignating subsections (e), (f), (g), (h), and (i) as \n subsections (c), (d), (e), (f), and (g), respectively;\n (3) in subsection (c)(1) (as redesignated under paragraph \n (2) of this subsection) by striking out ``or (c)(4) or required \n under subsection (d) directly to an eligible retirement plan or \n plans) (as defined in section 402(a)(5)(E) of the Internal \n Revenue Code of 1954)'' and inserting in lieu thereof \n ``directly to an eligible retirement plan or plans (as defined \n in section 402(c)(8) of the Internal Revenue Code of 1986)'';\n (4) in subsection (d)(2) (as redesignated under paragraph \n (2) of this subsection) by striking out ``or (c)(2)''; and\n (5) in subsection (f) (as redesignated under paragraph (2) \n of this subsection)--\n (A) by striking out paragraph (1) and redesignating \n paragraphs (2) and (3) as paragraphs (1) and (2), \n respectively; and\n (B) in paragraph (1) (as redesignated under \n subparagraph (A) of this paragraph)--\n (i) by striking out ``Notwithstanding \n subsections (b) and (c), if an employee or \n Member separates from Government employment \n under circumstances making such an employee or \n Member eligible to make an election under \n either of those subsections, and such \n employee's or Member's'' and inserting in lieu \n thereof ``Notwithstanding subsection (b), if an \n employee or Member separates from Government \n employment, and such employee's or Member's''; \n and\n (ii) by striking out ``or (c), as \n applicable''; and\n (C) in paragraph (2) (as redesignated under \n subparagraph (A) of this paragraph) by striking out \n ``paragraphs (1) and (2)'' and inserting in lieu \n thereof ``paragraph (1)''.\n (c) Annuities: Methods of Payment; Election; Purchase.--Section \n8434(c) of title 5, United States Code, is amended to read as follows:\n ``(c) Notwithstanding an elimination of a method of payment by the \nBoard an employee, Member, former employee, or former Member may elect \nthe eliminated method if the elimination of such method became \neffective less than 5 years before the date on which the annuity \ncommences.''.\n (d) Protections for Spouses and Former Spouses.--Section 8435 of \ntitle 5, United States Code, is amended--\n (1) in subsection (a)(1)(A) by striking out ``subsection \n (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title \n or change an election previously made under subsection (b)(1), \n (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof \n ``subsection (b)(3) or (b)(4) of section 8433 of this title or \n change an election previously made under subsection (b)(1) or \n (b)(2)'';\n (2) by striking out subsection (b);\n (3) by redesignating subsections (c), (d), (e), (f), (g), \n (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and \n (h), respectively;\n (4) in subsection (b) (as redesignated under paragraph (3) \n of this subsection) by amending paragraph (2) to read as \n follows:\n ``(2) Paragraph (1) shall not apply, if--\n ``(A) a joint waiver of such method is made, in \n writing, by the employee or Member and the spouse; or\n ``(B) the employee or Member waives such method, in \n writing, after establishing to the satisfaction of the \n Executive Director that circumstances described under \n subsection (a)(2) (A) or (B) make the requirement of a \n joint waiver inappropriate.''; and\n (5) in subsection (c)(1) (as redesignated under paragraph \n (3) of this subsection) by striking out ``and a transfer may \n not be made under section 8433(d) of this title''.\n (e) Justices and Judges.--Section 8440a(b) of title 5, United \nStates Code, is amended--\n (1) in paragraph (5) by striking out ``Section 8433(d)'' \n and inserting in lieu thereof ``Section 8433(b)''; and\n (2) by striking out paragraphs (7) and (8) and inserting in \n lieu thereof the following:\n ``(7) Notwithstanding paragraphs (4) and (5), if any \n justice or judge retires under subsection (a) or (b) of section \n 371 or section 372(a) of title 28, or resigns without having \n met the age and service requirements set forth under section \n 371(c) of title 28, and such justice's or judge's \n nonforfeitable account balance is $3,500 or less, the Executive \n Director shall pay the nonforfeitable account balance to the \n participant in a single payment unless the justice or judge \n elects, at such time and otherwise in such manner as the \n Executive Director prescribes, one of the options available \n under section 8433(b).''.\n (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5, \nUnited States Code, is amended--\n (1) in subsection (b)(4) by amending subparagraph (B) to \n read as follows:\n ``(B) Section 8433(b) of this title applies to any \n bankruptcy judge or magistrate who elects to make \n contributions to the Thrift Savings Fund under \n subsection (a) of this section and who retires before \n attaining age 65 but is entitled, upon attaining age \n 65, to an annuity under section 377 of title 28 or \n section 2(c) of the Retirement and Survivors Annuities \n for Bankruptcy Judges and Magistrates Act of 1988.'';\n (2) in subsection (b)(4)(C) by striking out ``Section \n 8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';\n (3) in subsection (b)(5) by striking out ``retirement under \n section 377 of title 28 is'' and inserting in lieu thereof \n ``any of the actions described under paragraph (4) (A), (B), or \n (C) shall be considered'';\n (4) in subsection (b) by striking out paragraph (8) and \n redesignating paragraph (9) as paragraph (8); and\n (5) in paragraph (8) of subsection (b) (as redesignated \n under paragraph (4) of this subsection)--\n (A) by striking out ``Notwithstanding subparagraphs \n (A) and (B) of paragraph (4), if any bankruptcy judge \n or magistrate retires under circumstances making such \n bankruptcy judge or magistrate eligible to make an \n election under subsection (b) or (c)'' and inserting in \n lieu thereof ``Notwithstanding paragraph (4), if any \n bankruptcy judge or magistrate retires under \n circumstances making such bankruptcy judge or \n magistrate eligible to make an election under \n subsection (b)''; and\n (B) by striking out ``and (c), as applicable''.\n (g) Claims Court Judges.--Section 8440c of title 5, United States \nCode, is amended--\n (1) in subsection (b)(4)(B) by striking out ``Section \n 8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';\n (2) in subsection (b)(5) by striking out ``retirement under \n section 178 of title 28, is'' and inserting in lieu thereof \n ``any of the actions described in paragraph (4) (A) or (B) \n shall be considered'';\n (3) in subsection (b) by striking out paragraph (8) and \n redesignating paragraph (9) as paragraph (8); and\n (4) in paragraph (8) (as redesignated under paragraph (3) \n of this subsection) by striking out ``Notwithstanding paragraph \n (4)(A)'' and inserting in lieu thereof ``Notwithstanding \n paragraph (4)''.\n (h) Judges of the United States Court of Veterans Appeals.--Section \n8440d(b)(5) of title 5, United States Code, is amended by striking out \n``A transfer shall be made as provided under section 8433(d) of this \ntitle'' and inserting in lieu thereof ``Section 8433(b) of this title \napplies''.\n (i) Technical and Conforming Amendments.--Chapters 83 and 84 of \ntitle 5, United States Code, are amended--\n (1) in section 8351(b)(5)(B) (as redesignated under \n subsection (a)(3) of this section) by striking out ``section \n 8433(i)'' and inserting in lieu thereof ``section 8433(g)'';\n (2) in section 8351(b)(5)(D) (as redesignated under \n subsection (a)(3) of this section) by striking out ``section \n 8433(i)'' and inserting in lieu thereof ``section 8433(g)'';\n (3) in section 8433(b)(4) by striking out ``subsection \n (e)'' and inserting in lieu thereof ``subsection (c)'';\n (4) in section 8433(d)(1) (as redesignated under subsection \n (b)(2) of this section) by striking out ``(d) of section 8435'' \n and inserting in lieu thereof ``(c) of section 8435'';\n (5) in section 8433(d)(2) (as redesignated under subsection \n (b)(2) of this section) by striking out ``section 8435(d)'' and \n inserting in lieu thereof ``section 8435(c)'';\n (6) in section 8433(e) (as redesignated under subsection \n (b)(2) of this section) by striking out ``section 8435(d)(2)'' \n and inserting in lieu thereof ``section 8435(c)(2)'';\n (7) in section 8433(g)(5) (as redesignated under subsection \n (b)(2) of this section) by striking out ``section 8435(f)'' and \n inserting in lieu thereof ``section 8435(e)'';\n (8) in section 8434(b) by striking out ``section 8435(c)'' \n and inserting in lieu thereof ``section 8435(b)'';\n (9) in section 8435(a)(1)(B) by striking out ``subsection \n (c)'' and inserting in lieu thereof ``subsection (b)'';\n (10) in section 8435(d)(1)(B) (as redesignated under \n subsection (d)(3) of this section) by striking out ``subsection \n (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)'';\n (11) in section 8435(d)(3)(A) (as redesignated under \n subsection (d)(3) of this section) by striking out ``subsection \n (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)'';\n (12) in section 8435(d)(6) (as redesignated under \n subsection (d)(3) of this section) by striking out ``or \n (c)(2)'' and inserting in lieu thereof ``or (b)(2)'';\n (13) in section 8435(e)(1)(A) (as redesignated under \n subsection (d)(3) of this section) by striking out ``section \n 8433(i)'' and inserting in lieu thereof ``section 8433(g)'';\n (14) in section 8435(e)(2) (as redesignated under \n subsection (d)(3) of this section) by striking out ``section \n 8433(i) of this title shall not be approved if approval would \n have the result described in subsection (d)(1)'' and inserting \n in lieu thereof ``section 8433(g) of this title shall not be \n approved if approval would have the result described under \n subsection (c)(1)'';\n (15) in section 8435(g) (as redesignated under subsection \n (d)(3) of this section) by striking out ``section 8433(i)'' and \n inserting in lieu thereof ``section 8433(g)'';\n (16) in section 8437(c)(5) by striking out ``section \n 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; \n and\n (17) in section 8440a(b)(6) by striking out ``section \n 8351(b)(7)'' and inserting in lieu thereof ``section \n 8351(b)(5)''.\n (j) Interim Provision.--Section 8433(d) of title 5, United States \nCode, is amended by striking out ``shall transfer the amount of the \nbalance'' and inserting in lieu thereof ``may transfer the amount of \nthe balance''.\n (k) Effective Dates.--(1) Except as provided in paragraph (2), the \nprovisions of this section shall take effect 1 year after the date of \nenactment of this Act or upon such other date as the Executive Director \nof the Federal Retirement Thrift Investment Board shall provide in \nregulation.\n (2) The provisions of subsection (j) of this section shall take \neffect upon the date of the enactment of this Act.\n\n Passed the Senate November 24 (legislative day, November \n 23), 1993.\n\n Attest:\n\n WALTER J. STEWART,\n\n Secretary.","summary":"Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.","title":"A bill to standardize withdrawal options for Thrift Savings Plan participants, and for other purposes.","text_len":15317,"sum_len":127} {"bill_id":"110_s639","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``ED 1.0 Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Access to technology can improve grade and test \n averages, graduation rates, and retention rates, in addition to \n increasing the number of graduates in science and technology \n disciplines.\n (2) Minority-serving institutions historically have an \n important role in reaching an underserved population, and \n minority-serving institutions in economically disadvantaged \n areas face particular hardships in acquiring funds to sustain \n and expand their technological resources.\n (3) Low-income areas are technologically underserved.\n (4) Congress and the technological community should do all \n they can to find new and creative ways to bridge the current \n technology gap.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the National Telecommunications and \n Information Administration.\n (2) Eligible educational institution.--The term ``eligible \n educational institution'' means an institution that is--\n (A) a historically Black college or university;\n (B) a Hispanic-serving institution as that term is \n defined in section 502(a)(5) of the Higher Education \n Act of 1965 (20 U.S.C. 1101a(a)(5));\n (C) a tribally controlled college or university as \n that term is defined in section 2(a)(4) of the Tribally \n Controlled College or University Assistance Act of 1978 \n (25 U.S.C. 1801(a)(4));\n (D) an Alaska Native-serving institution as that \n term is defined in section 317(b)(2) of the Higher \n Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or\n (E) a Native Hawaiian-serving institution as that \n term is defined in section 317(b)(4) of the Higher \n Education Act of 1965 (20 U.S.C. 1059d(b)(4)).\n (3) Historically black college or university.--The term \n ``historically Black college or university'' means a part B \n institution as that term is defined in section 322(2) of the \n Higher Education Act of 1965 (20 U.S.C. 1061(2)).\n\nSEC. 4. MINORITY ONLINE DEGREE PILOT PROGRAM.\n\n (a) Pilot Program Established.--\n (1) In general.--There is established within the National \n Telecommunications and Information Administration a pilot \n program under which the Administrator shall award 4 grants to \n eligible educational institutions to enable the eligible \n educational institutions to develop digital and wireless \n networks for online educational programs of study within the \n eligible educational institutions.\n (2) Grant number, duration, and amount.--\n (A) Number.--The Administrator shall award a total \n of 4 grants under this section.\n (B) Duration.--Each grant under this section shall \n be awarded for a period of 6 years.\n (C) Annual grant payment amounts.--The \n Administrator shall make grant payments under this \n section in the amount of--\n (i) $1,000,000 for the first fiscal year of \n a grant awarded under this section;\n (ii) $600,000 for each of the second \n through fifth such fiscal years; and\n (iii) $100,000 for the sixth such fiscal \n year.\n (b) Priority.--\n (1) In general.--In awarding grants under this section the \n Administrator shall give priority to an eligible educational \n institution that, according to the most recent data available \n (including data available from the Bureau of the Census), \n serves a county--\n (A) in which 50 percent of the residents of the \n county are members of a racial or ethnic minority;\n (B) in which less than 18 percent of the residents \n of the county have obtained a baccalaureate degree or a \n higher education;\n (C) that has an unemployment rate of 7 percent or \n greater;\n (D) in which 19 percent or more of the residents of \n the county live in poverty;\n (E) that has a negative population growth rate; or\n (F) that has a median family income of $32,000.\n (2) Highest priority.--In awarding grants under this \n section the Administrator shall give the highest priority to an \n eligible educational institution that meets the greatest number \n of requirements described in subparagraphs (A) through (F) of \n paragraph (1).\n (c) Use of Funds.--An eligible educational institution receiving a \ngrant under this section may use the grant funds--\n (1) to acquire equipment, instrumentation, networking \n capability, hardware, software, digital network technology, \n wireless technology, or wireless infrastructure;\n (2) to develop and provide educational services, including \n faculty development; or\n (3) to develop strategic plans for information technology \n investments.\n (d) Matching Not Required.--The Administrator shall not require an \neligible educational institution to provide matching funds for a grant \nawarded under this section.\n (e) Report.--Not later than November 1 of each year, the \nAdministrator shall submit to the Committee on Commerce, Science, and \nTransportation of the Senate and the Committee on Energy and Commerce \nof the House of Representatives, a report evaluating the progress, \nduring the preceding fiscal year, of the pilot program assisted under \nthis section.\n (f) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated to \n carry out this section--\n (A) $4,500,000 for fiscal year 2008;\n (B) $2,400,000 for each of the fiscal years 2009 \n through 2012; and\n (C) $500,000 for fiscal year 2013.\n (2) Availability.--Funds appropriated under paragraph (1) \n shall remain available until expended.\n (g) Limitation on Use of Other Funds.--The Administrator shall \ncarry out this section only with amounts appropriated in advance \nspecifically to carry out this section.","summary":"ED 1.0 Act - Establishes a pilot program requiring the Administrator of the National Telecommunications and Information Administration to award six-year grants to four minority-serving educational institutions, enabling them to develop digital and wireless networks for online programs of study within the institutions. Gives grant priority to institutions serving counties: (1) that meet specified criteria of economic depression. (2) less than 18 of whose residents have a higher education, and (3) at least half of whose residents are minorities.","title":"A bill to establish digital and wireless networks to advance online higher education opportunities for minority students.","text_len":6825,"sum_len":549} {"bill_id":"114_hr670","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Special Needs \nTrust Fairness and Medicaid Improvement Act''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Fairness in Medicaid supplemental needs trusts.\nSec. 3. Medicaid coverage of tobacco cessation services for mothers of \n newborns.\nSec. 4. Eliminating Federal financial participation with respect to \n expenditures under Medicaid for agents used \n for cosmetic purposes or hair growth.\nSec. 5. Medicaid Improvement Fund.\n\nSEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS.\n\n (a) In General.--Section 1917(d)(4)(A) of the Social Security Act \n(42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,'' \nafter ``for the benefit of such individual by''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to trusts established on or after the date of the enactment of \nthis Act.\n\nSEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF \n NEWBORNS.\n\n (a) In General.--Section 1905(bb) of the Social Security Act (42 \nU.S.C. 1396d(bb)) is amended by adding at the end the following new \nparagraph:\n ``(4) A woman shall continue to be treated as described in this \nsubsection as a pregnant woman through the end of the 1-year period \nbeginning on the date of the birth of a child of the woman.''.\n (b) Conforming Amendments.--\n (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of \n the Social Security Act (42 U.S.C. 1396o) are each amended by \n inserting ``(and women described in section 1905(bb) as \n pregnant women pursuant to paragraph (4) of such section)'' \n after ``tobacco cessation by pregnant women''.\n (2) Section 1927(d)(2)(F) of the Social Security Act (42 \n U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women \n described in section 1905(bb) as pregnant women pursuant to \n paragraph (4) of such section)'' after ``pregnant women''.\n (c) Effective Date.--\n (1) In general.--Subject to paragraph (2), the amendments \n made by this section shall apply with respect to items and \n services furnished on or after the date that is 2 years after \n the date of the enactment of this Act.\n (2) Exception for state legislation.--In the case of a \n State plan under title XIX of the Social Security Act, which \n the Secretary of Health and Human Services determines requires \n State legislation in order for the plan to meet any requirement \n imposed by amendments made by this section, the plan shall not \n be regarded as failing to comply with the requirements of such \n title solely on the basis of its failure to meet such an \n additional requirement before the first day of the first \n calendar quarter beginning after the close of the first regular \n session of the State legislature that begins after the \n effective date specified in paragraph (1). For purposes of the \n previous sentence, in the case of a State that has a 2-year \n legislative session, each year of the session shall be \n considered to be a separate regular session of the State \n legislature.\n (d) Report.--Not later than 2 years after the date of the enactment \nof this Act, the Inspector General of the Department of Health and \nHuman Services shall submit to Congress a report that assesses the use \nof the tobacco cessation service benefit under the Medicaid program. \nSuch report shall include an assessment of--\n (1) the extent that States are encouraging the use of such \n benefit, such as through promotion of beneficiary and provider \n awareness of such benefit; and\n (2) gaps in the delivery of such benefit.\n\nSEC. 4. ELIMINATING FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO \n EXPENDITURES UNDER MEDICAID FOR AGENTS USED FOR COSMETIC \n PURPOSES OR HAIR GROWTH.\n\n (a) In General.--Section 1903(i)(21) of the Social Security Act (42 \nU.S.C. 1396b(i)(21)) is amended by inserting ``section 1927(d)(2)(C) \n(relating to drugs when used for cosmetic purposes or hair growth), \nexcept where medically necessary, and'' after ``drugs described in''.\n (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to calendar quarters beginning on or after the date \nof the enactment of this Act.\n\nSEC. 5. MEDICAID IMPROVEMENT FUND.\n\n Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) \nis amended--\n (1) in paragraph (2)--\n (A) by striking ``under paragraph (1)'' and \n inserting ``under this subsection''; and\n (B) by redesignating such paragraph as paragraph \n (3); and\n (2) by inserting after paragraph (1) the following new \n paragraph:\n ``(2) Additional funding.--In addition to any funds \n otherwise made available to the Fund, there shall be available \n to the Fund, for expenditures from the Fund--\n ``(A) for fiscal year 2021, $10,000,000, to remain \n available until expended; and\n ``(B) for fiscal year 2022, $14,000,000, to remain \n available until expended.''.\n\n Passed the House of Representatives September 20, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on September 9, 2016. Special Needs Trust Fairness and Medicaid Improvement Act This bill amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage. The bill extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries. Medicaid coverage of tobacco cessation services shall continue to be provided for mothers of newborns through the first year after the child's birth. The Inspector General of the Department of Health and Human Services must report to the Congress on the use of the tobacco cessation service benefit under the Medicaid program. The bill eliminates federal financial participation regarding expenditures under Medicaid for drugs used for cosmetic purposes or hair growth, except where such drugs are medically necessary. The bill makes additional funding available to the Medicaid Improvement Fund for FY2021 and FY2022.","title":"Special Needs Trust Fairness and Medicaid Improvement Act","text_len":5761,"sum_len":1197} {"bill_id":"105_s693","text":"SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY SUBJECT TO \n PRESERVATION EASEMENT.\n\n (a) In General.--Part IV of subchapter A of chapter 11 of the \nInternal Revenue of 1986 (relating to taxable estate) is amended by \nadding at the end the following new section:\n\n``SEC. 2057. QUALIFIED HISTORIC PROPERTY.\n\n ``(a) General Rule.--For purposes of the tax imposed by section \n2001, the value of the taxable estate shall be determined by deducting \nfrom the value of the gross estate an amount equal to the value of any \nqualified historic property included in the gross estate.\n ``(b) Definitions.--For purposes of this section--\n ``(1) Qualified historic property.--\n ``(A) In general.--The term `qualified historic \n property' means any historic property if--\n ``(i) on or before the date on which the \n return of the tax imposed by section 2001 is \n filed, a qualified real property interest \n described in section 170(h)(2)(C) in such \n property is held by a qualified organization \n for the purpose described in section \n 170(h)(4)(A)(iv), and\n ``(ii) such property is covered by an \n agreement meeting the requirements of \n subsection (c) which is entered into on or \n before such date.\n ``(B) Treatment of personal property.--Such term \n includes personal property included within, or \n associated with, qualified historic property (as \n defined in paragraph (1)) if such personal property--\n ``(i) is held by the decedent holding such \n qualified historic property,\n ``(ii) has been so included within, or \n associated with, such qualified historic \n property throughout the 10-year period ending \n on the date of the decedent's death, and\n ``(iii) is covered by the agreement \n referred to in subparagraph (A)(ii) which \n covers such qualified historic property.\n ``(2) Historic property.--The term `historic property' \n means--\n ``(A) any building (and its structural \n components)--\n ``(i) which is designated as a National \n Historic Landmark under section 101 of the \n National Historic Preservation Act throughout \n the 10-year period ending on the date of the \n decedent's death,\n ``(ii) which was owned by the decedent or a \n member of the decedent's family (as defined in \n section 2032A(e)(2)) throughout such 10-year \n period, and\n ``(iii) which was originally used for \n residential purposes, and\n ``(B) any other real property to the extent \n reasonably necessary for public view and visitation of \n the property described in subparagraph (A).\n ``(3) Qualified organization.--The term `qualified \n organization' has the meaning given to such term by section \n 170(h)(3).\n ``(4) Treatment of qualified historic property held by a \n corporation.--In the case of a corporation all of the stock in \n which was held on the date of the decedent's death by the \n decedent or members of the decedent's family (as defined in \n section 2032A(e)(2))--\n ``(A) stock in such corporation shall be treated \n for purposes of this section as qualified historic \n property to the extent that the value of such stock is \n attributable to qualified historic property held by \n such corporation, but\n ``(B) the requirements of subsection (c) shall be \n met only if each member of the decedent's family \n holding such stock on such date sign the agreement \n referred to in subsection (c).\n ``(c) Requirements for Agreement.--\n ``(1) In general.--For purposes of subsection \n (b)(1)(A)(ii), an agreement meets the requirements of this \n subsection if--\n ``(A) such agreement is a written agreement signed \n by each person in being who has an interest (whether or \n not in possession) in the historic property (other than \n the qualified organization),\n ``(B) such agreement is entered into with a State \n historic preservation agency (or similar State agency) \n and filed with the Secretary with the return of the tax \n imposed by section 2001,\n ``(C) such agreement provides that the only \n activities carried on at the historic property are \n activities which are substantially related (aside from \n the need for income or funds or the use made of the \n profits derived) to--\n ``(i) the public view and visitation of \n such property and the property described in the \n last sentence of subsection (b)(1) with respect \n to such property), and\n ``(ii) the maintenance and preservation of \n such property and surrounding areas for such \n public view and visitation,\n ``(D) such agreement provides that the historic \n property will be open to the public for a period of at \n least 20 years beginning on the date on which the \n return of the tax imposed by section 2001 is filed, and\n ``(E) such agreement provides that any admission \n fees (if any) shall bear a reasonable relationship to \n admission fees for other comparable tourist sites and \n shall be approved by such State historic preservation \n agency (or similar State agency).\n ``(2) Treatment of food, lodging, and meeting facilities \n provided to general public.--The regular carrying on--\n ``(A) a trade or business of providing lodging \n shall be treated as not substantially related for \n purposes of paragraph (1)(C),\n ``(B) a trade or business of providing food shall \n be treated as not substantially related for purposes of \n paragraph (1)(C) unless--\n ``(i) such food is only provided to \n individuals who pay the generally applicable \n admission fees (if any) for admission to the \n property by individuals to whom no food is \n provided, and\n ``(ii) only an insubstantial portion of the \n structures on the historic property is devoted \n to the provision of such food, and\n ``(C) a trade or business of providing facilities \n for meetings or events shall be treated as not \n substantially related for purposes of paragraph (1)(C) \n unless all of the net proceeds from such trade or \n business are used for maintenance or preservation of \n the historic property.\n ``(3) Open to the public.--For the purposes of paragraph \n (1)(D), the 20-year period referred to in such paragraph shall \n be suspended during reasonable periods of renovation.\n ``(d) Tax Treatment of Dispositions and Failure To Comply With \nAgreement.--\n ``(1) Imposition of additional estate tax.--If, during the \n 20-year period referred to in subsection (c)(1)(D)--\n ``(A) any person signing the written agreement \n referred to in subsection (c) disposes of any interest \n in the qualified historic property, or\n ``(B) there is a violation of any provision of such \n agreement (as determined under regulations prescribed \n by the Secretary),\n then there is hereby imposed an additional estate tax.\n ``(2) Exception for certain transferees who agree to be \n bound by agreement.--No tax shall be imposed under paragraph \n (1) by reason of any disposition if the person acquiring the \n property--\n ``(A) is a qualified organization or is a member of \n the family (as defined in section 2032A(e)(2)) of the \n person disposing of such property, and\n ``(B) agrees to be bound by the agreement referred \n to in subsection (b)(4) and to be liable for any tax \n under this subsection in the same manner as the person \n disposing of such property.\n ``(3) Amount of additional tax.--\n ``(A) In general.--The amount of the additional tax \n imposed by paragraph (1) with respect to any property \n shall be an amount equal to the applicable percentage \n of the excess of--\n ``(i) what would (but for subsection (a)) \n have been the tax imposed by section 2001 \n(reduced by the credits allowable), over\n ``(ii) the tax imposed by section 2001 (as \n so reduced).\n ``(B) Applicable percentage.--For purposes of \n subparagraph (A), the applicable percentage is the \n percentage determined in accordance with the following \n table for the year (of 20-year period referred to in \n subsection (c)(1)(D)) in which the event described in \n paragraph (1) occurs:\n\n ``If the event\n The applicable\n occurs during:\n percentage is:\n The 1st 12 years of such 20-year 100 percent \n period.\n The 13th or 14th year of such period. 80 percent \n The 15th or 16th year of such period. 60 percent \n The 17th or 18th year of such period. 40 percent \n The 19th or 20th year of such period. 20 percent. \n ``(4) Due date.--The additional tax imposed by this \n subsection shall be due and payable on the day which is 6 \n months after the date of the disposition or violation referred \n to in paragraph (1).\n ``(5) Liability for tax.--Any person signing the agreement \n referred to in subsection (c) (other than the executor) shall \n be personally liable for the additional tax imposed by this \n subsection. If more than 1 person is liable under this \n subsection, all such persons shall be jointly and severally \n liable.\n ``(6) Certain other rules to apply.--Rules similar to the \n rules of sections 1016(c), 2013(f), and 2032A(f) shall apply \n for purposes of this subsection.\n ``(e) Other Special Rules.--\n ``(1) Coordination with deduction for transfer of \n easement.--Section 2055(f) shall not apply to any interest \n referred to therein with respect to property for which a \n deduction is allowed under subsection (a).\n ``(2) Denial of deduction of indebtedness on excluded \n property.--No deduction shall be allowed under section 2053 for \n indebtedness in respect of property the value of which is \n deducted under subsection (a).\n ``(3) Submission of annual inventories of personal \n property.--The Secretary shall require the submission to the \n Secretary of such inventories of personal property which is \n qualified historic property as the Secretary determines are \n necessary for purposes of this section.''\n (b) Technical Amendments.--\n (1) Subsection (a) of section 1014 of such Code is amended \n by striking the period at the end of paragraph (3) and \n inserting ``, or'' and by adding after paragraph (3) the \n following new paragraph:\n ``(4) in the case of property the value of which was \n deducted under section 2057(a), the adjusted basis of such \n property in the hands of the decedent immediately before the \n death of the decedent.''\n (2) Subparagraph (A) of section 2056A(b)(10) of such Code \n is amended by inserting ``2057,'' after ``2056,''.\n (3) The table of sections for part IV of subchapter A of \n chapter 11 of such Code is amended by adding at the end the \n following new item:\n\n ``Sec. 2057. Qualified historic \n property.''\n (c) Effective Date.--The amendments made by this section shall \napply with respect to the estates of decedents dying after the date of \nthe enactment of this Act.","summary":"Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property. Requires, among other things, that the historic property will be open to the public for a period of at least 20 years and will have reasonable admission fees.","title":"A bill to amend the Internal Revenue Code of 1986 to provide that the value of qualified historic property shall not be included in determining the taxable estate of a decedent.","text_len":13783,"sum_len":448} {"bill_id":"114_hr4995","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Iran's Access to United \nStates Dollars Act of 2016''.\n\nSEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING \n THE GOVERNMENT OF IRAN OR IRANIAN PERSONS.\n\n (a) In General.--The President shall not issue any license under \nthe International Emergency Economic Powers Act (50 U.S.C. 1701 et \nseq.) that permits a person--\n (1) to conduct an offshore United States dollar clearing \n system for transactions involving the Government of Iran or an \n Iranian person; or\n (2) to provide United States dollars for any offshore \n United States dollar clearing system conducted or overseen by a \n foreign government or a foreign financial institution for \n transactions involving the Government of Iran or an Iranian \n person.\n (b) Definitions.--In this section:\n (1) Entity.--The term ``entity'' means a corporation, \n business association, partnership, trust, society, or any other \n entity.\n (2) Foreign financial institution.--The term ``foreign \n financial institution'' has the meaning of that term as \n determined by the Secretary of the Treasury pursuant to section \n 104(i) of the Comprehensive Iran Sanctions, Accountability, and \n Divestment Act of 2010 (22 U.S.C. 8513(i)).\n (3) Person.--The term ``person'' means an individual or \n entity.\n\nSEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH \n RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR \n TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN \n PERSONS.\n\n (a) Reports Required.--\n (1) In general.--Not later than 60 days after the date of \n the enactment of this Act, and not less frequently than once \n every 90 days thereafter, the Secretary of the Treasury shall \n submit to the appropriate congressional committees and publish \n in the Federal Register a report that contains--\n (A) a list of any financial institutions that the \n Secretary has identified as--\n (i) operating an offshore United States \n dollar clearing system that conducts \n transactions involving the Government of Iran \n or an Iranian person; or\n (ii) participating in a transaction \n described in clause (i) through a system \n described in that clause; and\n (B) a detailed assessment of the status of efforts \n by the Secretary to prevent the conduct of transactions \n described in subparagraph (A)(i) through systems \n described in that subparagraph.\n (2) Form of report.--Each report submitted under paragraph \n (1) shall be submitted in unclassified form but may contain a \n classified annex.\n (b) Imposition of Sanctions.--\n (1) In general.--The President shall, in accordance with \n the International Emergency Economic Powers Act (50 U.S.C. 1701 \n et seq.), block and prohibit all transactions in all property \n and interests in property of any financial institution \n specified in the most recent list submitted under subsection \n (a)(1)(A) if such property and interests in property are in the \n United States, come within the United States, or are or come \n within the possession or control of a United States person.\n (2) Additional sanctions.--The President may impose \n additional sanctions under the International Emergency Economic \n Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial \n institution that is subject to sanctions under paragraph (1).\n (c) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' has the meaning given \nthat term in section 14 of the Iran Sanctions Act of 1996 (Public Law \n104-172; 50 U.S.C. 1701 note).\n\nSEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL \n INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF \n A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION.\n\n Section 1245(c) of the National Defense Authorization Act for \nFiscal Year 2012 (22 U.S.C. 8513a) is amended--\n (1) by striking ``The President'' and inserting ``(1) In \n general.--The President''; and\n (2) by adding at the end the following:\n ``(2) Treatment of certain transactions.--\n ``(A) U-turn transactions.--Property that comes \n within the possession or control of a United States \n person pursuant to a transfer of funds that arises \n from, and is ordinarily incident and necessary to give \n effect to, an underlying transaction shall be \n considered to come within the possession or control of \n that person for purposes of paragraph (1).\n ``(B) Book transfers.--A transfer of funds or other \n property for the benefit of an Iranian financial \n institution that is made between accounts of the same \n financial institution shall be considered property or \n interests in property of that Iranian financial \n institution for purposes of paragraph (1) even if that \n Iranian financial institution is not the direct \n recipient of the transfer.''.","summary":"Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore US dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide US dollars for any offshore US dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore US dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a US person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions , and (2) book transfers .","title":"Preventing Iran's Access to United States Dollars Act of 2016","text_len":5751,"sum_len":1311} {"bill_id":"107_hr1309","text":"SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN \n REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND \n QUALIFIED CONSERVATION CONTRIBUTIONS.\n\n (a) Contributions of Capital Gain Real Property Made for \nConservation Purposes and of Qualified Conservation Contributions Not \nSubject to Special Limitation on Contributions of Capital Gain \nProperty.--Subparagraph (C) of section 170(b)(1) of the Internal \nRevenue Code of 1986 (relating to special limitation with respect to \ncontributions described in subparagraph (A) of capital gain property) \nis amended by redesignating clause (iv) as clause (v) and by inserting \nafter clause (iii) the following new clause:\n ``(iv) In the case of charitable \n contributions described in subparagraph (A) of \n capital gain property, clauses (i) and (ii) \n shall not apply to--\n ``(I) any qualified conservation \n contribution (as defined in section \n 170(h)), or\n ``(II) any other contribution of \n capital gain property which is real \n property if the contribution is of the \n donor's entire interest in such \n property and is to a qualified \n organization (as defined in section \n 170(h)(3)) which is organized for \n conservation purposes (as defined in \n section 170(h)(4)(A)) and which \n provides the taxpayer, at the time of \n such donation, a letter of intent which \n contains an acknowledgment of the \n donee's intent that the property is \n being acquired for any such \n conservation purpose.''.\n (b) Unlimited Carryover for Contributions of Capital Gain Real \nProperty for Conservation Purposes and of Qualified Conservation \nContributions of Capital Gain Property.--Paragraph (1) of section \n170(d) of such Code in amended by adding at the end the following new \nsubparagraph:\n ``(C) Unlimited carryover for contributions of \n capital gain real property for conservation purposes \n and of qualified conservation contributions of capital \n gain property.--The 5 taxable year limitation in \n subparagraph (A) shall not apply to any charitable \n contribution to which clauses (i) and (ii) of \n subsection (b)(1)(C) do not apply by reason of clause \n (iv) thereof. For purposes of this paragraph, the \n excess described in the material preceding clause (i) \n of subparagraph (A) shall be treated as attributable to \n contributions described in the preceding sentence of \n this subparagraph to the extent of such \n contributions.''.\n (c) Effective Date.--The amendment made by this section shall apply \nto contributions made in taxable years beginning after the date of the \nenactment of this Act.\n\nSEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND \n SUBJECT TO QUALIFIED CONSERVATION EASEMENT.\n\n (a) Repeal of Certain Restrictions on Where Land Is Located.--\nClause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of \n1986 is amended to read as follows:\n ``(i) which is located in the United States \n or any possession of the United States,''.\n (b) Repeal of Limitation on Exclusion.--\n (1) In general.--Paragraph (1) of section 2031(c) of such \n Code is amended by striking ``the lesser of--'' and all that \n follows and inserting ``the applicable percentage of the value \n of land subject to a qualified conservation easement, reduced \n by the amount of any deduction under section 2055(f) with \n respect to such land.''\n (2) Conforming amendments.--\n (A) Subsection (c) of section 2031 of such Code is \n amended by striking paragraph (3) and by redesignating \n paragraphs (4) through (10) as paragraphs (3) through \n (9), respectively.\n (B) Paragraphs (2) and (6) of section 2031(c) of \n such Code, as redesignated by subparagraph (A), are \n each amended by striking ``paragraph (5)'' and \n inserting ``paragraph (4)''.\n (C) Paragraphs (1), (6), and (7)(A)(iii) of section \n 2031(c) of such Code, as redesignated by subparagraph \n (A), are each amended by striking ``paragraph (6)'' and \n inserting ``paragraph (5)''.\n (c) Date for Determining Value of Land and Easement.--Paragraph (2) \nof section 2032(c) of such Code (defining applicable percentage) is \namended by adding at the end the following new sentence: ``The values \ntaken into account under the preceding sentence shall be such values as \nof the date of the contribution referred to in paragraph (7)(B).''\n (d) Certain Commercial Recreational Uses Permitted.--Subparagraph \n(B) of section 2031(c)(7) of such Code, as redesignated by subsection \n(b), is amended to read as follows:\n ``(B) Qualified conservation easement.--\n ``(i) In general.--The term `qualified \n conservation easement' means a qualified \n conservation contribution (as defined in \n section 170(h)(1)) of a qualified real property \n interest (as defined in section 170(h)(2)(C)), \n except that clause (iv) of section 170(h)(4)(A) \n shall not apply, and the restriction on the use \n of such interest described in section \n 170(h)(2)(C) shall include a prohibition on \n more than a de minimis use for a commercial \n recreational activity.\n ``(ii) Special rules.--For purposes of this \n paragraph--\n ``(I) Retained rights.--Rights \n retained in the conservation easement \n to lease the land for hunting and \n fishing, so long as such leases are not \n inconsistent with the conservation \n purpose of the easement, shall be \n deemed to be de minimis use.\n ``(II) Pre-effective date \n easements.--Easements otherwise \n qualifying under the provisions of this \n subsection that were donated on or \n before the date of the enactment of \n this subclause, shall be deemed to \n allow no more than de minimis use for a \n commercial recreational activity unless \n by their terms they expressly provide \n for commercial recreational activity in \n excess of that otherwise allowed by \n this subparagraph.\n ``(III) Authority to extinguish \n right of commercial recreation \n activity.--For purposes of this \n section, if the executor of an estate \n and every person in being who has an \n interest in the land execute an \n agreement to amend or extinguish any \n right under the easement of commercial \n recreation activity in the land so as \n to ensure that such land is used for no \n more than de minimis commercial \n recreational activity, such agreement \n shall be treated as in effect as of the \n date of the election described in \n paragraph (5).''\n (e) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying after the date of the enactment of \nthis Act.","summary":"Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement.","title":"To amend the Internal Revenue Code of 1986 to encourage contributions by individuals of capital gain real property for conservation purposes, to encourage qualified conservation contributions, and to modify the rules governing the estate tax exclusion for land subject to a qualified conservation easement.","text_len":9020,"sum_len":450} {"bill_id":"103_hr4766","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Economic Growth and Stabilization \nFinancing Demonstration Act 1994''.\n\nSEC. 101. GUARANTEED LOAN DEMONSTRATION PROGRAM.\n\n (a) In General.--In order to study the feasibility and desirability \nof a program of loan guarantees for economic growth and stabilization \nin communities facing economic distress, the Secretary is authorized to \nguarantee loans made to private borrowers by private lending \ninstitutions, community development financial institutions, and other \nlenders as the Secretary considers appropriate, except that the \nSecretary may guarantee loans less than $750,000 only if the borrower \nis not eligible for a loan guarantee under the Small Business Act.\n (b) Terms and Conditions.--\n (1) In general.--The Secretary may make such guarantees \n upon application of the lenders and upon such terms and \n conditions as the Secretary may prescribe.\n (2) Presumption of validity.--Guarantees under paragraph \n (1) shall be conclusive evidence that the guarantee has been \n properly obtained, that the underlying loan qualifies for such \n guarantee, and that, but for fraud or material \n misrepresentation by the holder, such guarantee will be \n presumed to be valid, legal, and enforceable.\n (3) Lender responsibility.--No guarantee will be provided \n unless the lender is responsible and makes adequate provision \n for servicing the loan on reasonable terms and for protecting \n the financial interest of the United States.\n (c) Preferred Lender Preference.--To the extent feasible, the \nSecretary shall exercise the guarantee authority established under this \nsection on a preferred lender basis and authorize lenders, in \naccordance with agreements entered into between the Secretary and such \nlenders, to take such actions on the Secretary's behalf as the \nSecretary deems appropriate, including, but not limited to, the \ndetermination of eligibility and credit worthiness and loan monitoring, \ncollection and liquidation.\n (d) Target Subsidy Rate.--In exercising the loan guarantee \nauthority provided under this section, the Secretary shall attempt to \nadminister the program in a manner which results in a subsidy rate not \nto exceed approximately 6 percent of the amount of the overall loan \nguarantees.\n (e) Authorization of Appropriations.--Of the funds authorized to be \nappropriated under section 106, for purposes of this section there are \nauthorized to be appropriated $50,000,000 per fiscal year to cover the \ncosts (as defined in section 502(5) of the Federal Credit Reform Act of \n1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to \nsubsection (b)(3) of such section. Such sums shall remain available \nuntil expended.\n\nSEC. 102. INTEREST RATE SUBSIDY DEMONSTRATION PROGRAM.\n\n (a) In General.--In order to study the feasibility and desirability \nof a program of interest rate subsidies for economic growth and \nstabilization in communities facing economic distress, the Secretary is \nauthorized to pay interest rate subsidies to private lending \ninstitutions, community development financial institutions, and other \nlenders as the Secretary considers appropriate, for loans made to \nprivate borrowers.\n (b) Terms and Conditions.--The Secretary may pay interest rate \nsubsidies upon application of the lenders and upon such terms and \nconditions as the Secretary may prescribe, except that no interest rate \nsubsidy may be provided unless the lender is responsible and makes \nadequate provision for servicing the loan on reasonable terms and for \nprotecting the financial interest of the United States.\n (c) Preferred Lender Preference.--To the extent feasible, the \nSecretary shall exercise the interest rate subsidy authority \nestablished under this section on a preferred lender basis and \nauthorize lenders, in accordance with agreements entered into between \nthe Secretary and such lenders, to take such actions on the Secretary's \nbehalf as the Secretary deems appropriate, including, but not limited \nto, the determination of eligibility and credit worthiness and loan \nmonitoring, collection and liquidation.\n\nSEC. 103. EQUITY FINANCE DEMONSTRATION PROGRAM.\n\n (a) In General.--In order to study the feasibility and desirability \nof a program of equity financing for economic growth and stabilization \nin communities facing economic distress, the Secretary is authorized to \nestablish a demonstration program under which the Secretary may \ndirectly, or indirectly through grants to eligible intermediaries, \npurchase or commit to purchase warrants, subordinated debt, or \nnonvoting preferred securities of private United States businesses or \nnonprofit organizations and associations.\n (b) Establishment of Fund.--For purposes of conducting the program \nprovided under subsection (a), the Secretary shall establish an Equity \nInvestment Revolving Fund.\n (c) Disposal of Equity Instruments.--The Secretary shall endeavor \nto dispose of any financial instruments purchased or guaranteed under \nthis section within a period of 10 years after their date acquisition \nof such interest.\n (d) Use of Payments.--\n (1) Use of payments to the secretary.--Amounts received by \n the Secretary from the payment of dividends and the redemption \n of financial instruments acquired under this section shall be \n deposited in the Equity Investment Revolving Fund and shall, \n subject to appropriations, be available to make or guarantee \n additional investments consistent with this section.\n (2) Use of payments to eligible intermediaries.--Of the \n amounts received by eligible recipient intermediaries from the \n payment of dividends and the redemption of financial \n instruments acquired under this section--\n (A) up to 50 percent may be retained by such \n eligible intermediaries to make or guarantee additional \n investments consistent with this section, and\n (B) no less than 50 percent shall be returned to \n the Secretary to be deposited into the Fund established \n under subsection (b) to make or guarantee additional \n investments consistent with this section.\n (e) Investment of Excess Funds.--If the Secretary determines that \nthe amount of money in the Fund exceeds the current requirements of the \nFund, the Secretary may direct the Secretary of the Treasury to invest \nsuch amounts in obligations of the United States, in obligations \nguaranteed by the United States Government, or in such other \nobligations or securities of the United States as the Secretary of the \nTreasury deems appropriate. Provided, however, that any subsequent use \nof monies so invested shall be subject to appropriations.\n\nSEC. 104. SECONDARY MARKET CREDIT ENHANCEMENT DEMONSTRATION PROGRAM.\n\n In order to study the feasibility and desirability of a program of \nproviding credit enhancements to pools of financial instruments related \nto economic growth and stabilization activities in communities facing \neconomic distress, the Secretary is authorized to establish a \ndemonstration program under which the Secretary may provide credit \nenhancements to pools of financial instruments related to economic \ngrowth and stabilization activities in such areas.\n\nSEC. 105. PERFORMANCE EVALUATIONS; REPORT TO CONGRESS.\n\n (a) Performance Evaluations.--The Secretary shall conduct \nperformance evaluations of each of the demonstration projects \nestablished under this Act to assess their effectiveness in promoting \neconomic growth and stabilization in communities facing economic \ndistress.\n (b) Annual Report.--Based on the evaluations conducted under \nsubsection (a), the Secretary shall prepare and submit annually a \nreport to the Congress containing a full and detailed account of \noperations under this Act. Such a report shall include--\n (1) performance measures established under subsection (a);\n (2) an audit setting forth the amount, type, recipient, and \n source of disbursements, receipts, and losses sustained as a \n result of operations under this Act during the preceding fiscal \n year and since inception of the demonstration programs; and\n (3) recommendations with respect to program changes, \n statutory changes, and other matters to improve and facilitate \n the operations of the demonstration programs and to encourage \n the use of these programs by qualified concerns.\n\nSEC. 106. AUTHORIZATION OF APPROPRIATIONS.\n\n For purposes of this Act, there are authorized to be appropriated \n$90,000,000 per fiscal year. Such sums shall remain available until \nexpended.\n\nSEC. 107. SEPARABILITY.\n\n If any provision of this Act, or any application of such provision \nto any person or circumstance, shall be held invalid, the remainder of \nthis Act, or the application of such provision to person or \ncircumstance other than those as to which it is held invalid, shall not \nbe affected thereby.","summary":"Economic Growth and Stabilization Financing Demonstration Act 1994 - Prescribes guidelines under which the Secretary of Commerce may conduct demonstration programs in economically distressed communities to: (1) guarantee loans made by lending institutions to private parties, (2) pay interest rate subsidies, (3) implement an equity financing program. And (4) provide secondary market credit enhancements to pools of financial instruments related to economic growth and stabilization in such communities. Directs the Secretary to conduct performance evaluations and submit an annual status report to the Congress. Authorizes appropriations.","title":"Economic Growth and Stabilization Financing Demonstration Act 1994","text_len":9201,"sum_len":640} {"bill_id":"107_s708","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Animal Disease Risk Assessment, \nPrevention, and Control Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) it is in the interest of the United States to maintain \n healthy livestock herds;\n (2) managing the risks of foot and mouth disease, bovine \n spongiform encephalopathy, and related diseases in the United \n States may require billions of dollars for remedial activities \n by consumers, producers, and distributors of meat and blood \n products;\n (3) the potential introduction of those diseases into the \n United States would cause devastating financial losses to--\n (A) the agriculture industry and other economic \n sectors; and\n (B) United States trade in the affected animals and \n animal products;\n (4) foot and mouth disease is a severe and highly \n contagious viral infection affecting cattle, deer, goats, \n sheep, swine, and other animals;\n (5) the most effective means of eradicating foot and mouth \n disease is by the slaughter of affected animals;\n (6) while foot and mouth disease was eradicated in the \n United States in 1929, the virus could be reintroduced by--\n (A) a single infected animal, an animal product, or \n a person carrying the virus;\n (B) an act of terrorism; or\n (C) other means;\n (7) once introduced, foot and mouth disease can spread \n quickly through--\n (A) exposure to aerosols from infected animals;\n (B) direct contact with infected animals; and\n (C) contact with contaminated feed, equipment, or \n humans harboring the virus or carrying the virus on \n their clothing;\n (8) foot and mouth disease is endemic to more than \\2\/3\\ of \n the world and is considered to be widespread in parts of \n Africa, Asia, Europe, and South America;\n (9) foot and mouth disease occurs in over 7 different \n serotypes and 60 subtypes;\n (10) as foot and mouth disease outbreaks have occurred, the \n United States has banned the importation of live ruminants and \n swine and many animal products from countries affected by foot \n and mouth disease;\n (11) recently, the United States has implemented bans in \n response to outbreaks in Argentina, the European Union, and \n Taiwan;\n (12) although United States exclusion programs have been \n successful at keeping foot and mouth disease out of the United \n States since 1929, recent outbreaks in Argentina, the European \n Union, and Taiwan are placing an unprecedented strain on our \n animal health system;\n (13) bovine spongiform encephalopathy is a transmissible, \n neuro-degenerative disease found in cattle;\n (14) in cattle with bovine spongiform encephalopathy, the \n active agent is found primarily in the brain and spinal cord \n and has not been found in commonly consumed beef products;\n (15) bovine spongiform encephalopathy is thought to have an \n incubation period of several years but is ultimately fatal to \n cattle within weeks of onset of the active disease;\n (16) bovine spongiform encephalopathy was first widely \n found in 1986 in cattle in the United Kingdom;\n (17) bovine spongiform encephalopathy-carrying cattle have \n been found in cattle in Belgium, Denmark, France, Germany, \n Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, \n Portugal, Spain, and Switzerland;\n (18) cattle infected with bovine spongiform encephalopathy \n originating from the United Kingdom have been found and \n intercepted in Canada;\n (19) since 1989, the Secretary of Agriculture has \n prohibited the importation of live grazing animals from \n countries where bovine spongiform encephalopathy has been found \n in cattle;\n (20) other products derived from grazing animals, such as \n blood meal, bonemeal, fat, fetal bovine serum, glands, meat-\n and-bone meal, and offal, are prohibited from entry, except \n under special conditions or under permits issued by the \n Secretary of Agriculture for scientific or research purposes;\n (21) on December 12, 1997, the Secretary of Agriculture \n extended those restrictions to include all countries in Europe \n because of concerns about widespread risk factors and \n inadequate surveillance for bovine spongiform encephalopathy;\n (22) on December 7, 2000, the Secretary of Agriculture \n prohibited all imports of rendered animal protein products from \n Europe;\n (23) Creutzfeldt-Jacob disease is a human spongiform \n encephalopathy;\n (24) on March 20, 1996, the Spongiform Encephalopathy \n Advisory Committee of the United Kingdom announced the \n identification of 10 cases of a new variant of Creutzfeldt-\n Jacob disease;\n (25) all 10 patients developed onsets of the disease in \n 1994 or 1995;\n (26) scientific experts (including scientists at the \n Department of Agriculture, the Department of Health and Human \n Services, and the World Health Organization) are studying the \n possible link (including potential routes of transmission) \n between bovine spongiform encephalopathy and variant \n Creutzfeldt-Jacob disease;\n (27) from October 1996 to December 2000, 87 cases of \n variant Creutzfeldt-Jacob disease have been reported in the \n United Kingdom, 3 cases in France, and 1 case in Ireland; and\n (28) to reduce the risk of human spongiform \n encephalopathies in the United States, the Commissioner of Food \n and Drugs has--\n (A) banned individuals who lived in Great Britain \n for at least 180 days since 1980 from donating blood in \n the United States; and\n (B) established regulations that prohibit the \n feeding of most animal-derived proteins to grazing \n animals.\n (b) Purpose.--The purpose of this Act is to provide the people of \nthe United States and Congress with information concerning--\n (1) actions by Federal agencies to prevent foot and mouth \n disease, bovine spongiform encephalopathy, and related \n diseases;\n (2) the sufficiency of legislative authority to prevent or \n control foot and mouth disease, bovine spongiform \n encephalopathy, and related diseases in the United States;\n (3) the economic impacts associated with the potential \n introduction of foot and mouth disease, bovine spongiform \n encephalopathy, and related diseases into the United States; \n and\n (4) the risks to public health from possible links between \n bovine spongiform encephalopathy and other spongiform \n encephalopathies to human illnesses.\n\nSEC. 3. REPORT TO CONGRESS.\n\n (a) Preliminary Report.--\n (1) In general.--Not later than 30 days after the date of \n enactment of this Act, the Secretary of Agriculture shall \n submit to the Committees and Subcommittees described in \n paragraph (2) a preliminary report concerning--\n (A) coordinated interagency activities to assess, \n prevent, and control the spread of foot and mouth \n disease and bovine spongiform encephalopathy in the \n United States;\n (B) sources of information from the Federal \n Government available to the public on foot and mouth \n disease and bovine spongiform encephalopathy; and\n (C) any immediate needs for additional legislative \n authority, appropriations, or product bans to prevent \n the introduction of foot and mouth disease or bovine \n spongiform encephalopathy into the United States.\n (2) Submission of report to congress.--The Secretary shall \n submit the preliminary report to--\n (A) the Committee on Agriculture of the House of \n Representatives;\n (B) the Committee on Agriculture, Nutrition, and \n Forestry of the Senate;\n (C) the Subcommittee on Agriculture, Rural \n Development, and Related Agencies of the Committee on \n Appropriations of the Senate; and\n (D) the Subcommittee on Agriculture, Rural \n Development, Food and Drug Administration, and Related \n Agencies of the Committee on Appropriations of the \n House of Representatives.\n (b) Final Report.--\n (1) In general.--Not later than 180 days after the date of \n enactment of this Act, the Secretary of Agriculture shall \n submit to the Committees and Subcommittees described in \n subsection (a)(2) a final report that--\n (A) discusses the economic impacts associated with \n the potential introduction of foot and mouth disease, \n bovine spongiform encephalopathy, and related diseases \n into the United States;\n (B) discusses the potential risks to public and \n animal health from foot and mouth disease, bovine \n spongiform encephalopathy, and related diseases; and\n (C) provides recommendations to protect the health \n of animal herds and citizens of the United States from \n those risks including, if necessary, recommendations \n for additional legislation, appropriations, or product \n bans.\n (2) Contents.--The report shall contain--\n (A) an assessment of the risks to the public \n presented by the potential presence of foot and mouth \n disease, bovine spongiform encephalopathy, and related \n diseases in domestic and imported livestock, livestock \n and animal products, wildlife, and blood products;\n (B) recommendations to reduce and manage the risks \n of foot and mouth disease, bovine spongiform \n encephalopathy, and related diseases;\n (C) any plans of the Secretary to identify, \n prevent, and control foot and mouth disease, bovine \n spongiform encephalopathy, and related diseases in \n domestic and imported livestock, livestock products, \n wildlife, and blood products;\n (D) a description of the incidence and prevalence \n of foot and mouth disease, bovine spongiform \nencephalopathy, variant Creutzfeldt-Jacob disease, and related diseases \nin other countries;\n (E) a description and an analysis of the \n effectiveness of the measures taken to assess, prevent, \n and control the risks of foot and mouth disease, bovine \n spongiform encephalopathy, variant Creutzfeldt-Jacob \n disease, and related diseases in other countries;\n (F) a description and an analysis of the \n effectiveness of the measures that the public, private, \n and nonprofit sectors have taken to assess, prevent, \n and control the risk of foot and mouth disease, bovine \n spongiform encephalopathy, and related diseases in the \n United States, including controls of ports of entry and \n other conveyances;\n (G) a description of the measures taken to prevent \n and control the risk of bovine spongiform \n encephalopathy and variant Creutzfeldt-Jacob disease \n transmission through blood collection and transfusion;\n (H) a description of any measures (including any \n planning or managerial initiatives such as interagency, \n intergovernmental, international, and public-private \n sector partnerships) that any Federal agency plans to \n initiate or continue to assess, prevent, and control \n the spread of foot and mouth disease, bovine spongiform \n encephalopathy, variant Creutzfeldt-Jacob disease, and \n related diseases in the United States and other \n countries;\n (I) plans by Federal agencies (including the \n Centers for Disease Control and Prevention)--\n (i) to monitor the incidence and prevalence \n of the transmission of foot and mouth disease, \n bovine spongiform encephalopathy, variant \n Creutzfeldt-Jacob disease, and related diseases \n in the United States; and\n (ii) to assess the effectiveness of efforts \n to prevent and control the spread of foot and \n mouth disease, bovine spongiform \n encephalopathy, variant Creutzfeldt-Jacob \n disease, and related diseases in the United \n States;\n (J) plans by Federal agencies (including the \n Agricultural Research Service, the Cooperative State \n Research, Education, and Extension Service, and the \n National Institutes of Health) to carry out, in \n partnership with the private sector--\n (i) research programs into the causes and \n mechanism of transmission of foot and mouth \n disease and bovine spongiform encephalopathy; \n and\n (ii) diagnostic tools and preventive and \n therapeutic agents for foot and mouth disease, \n bovine spongiform encephalopathy, variant \n Creutzfeldt-Jacob disease, and related \n diseases;\n (K) plans for providing appropriate compensation \n for affected animals in the event of the introduction \n of foot and mouth disease, bovine spongiform \n encephalopathy, or related diseases into the United \n States; and\n (L) recommendations to Congress for legislation \n that will improve efforts to assess, prevent, or \n control the transmission of foot and mouth disease, \n bovine spongiform encephalopathy, variant Creutzfeldt-\n Jacob disease, and related diseases in the United \n States and in other countries.\n (c) Consultation.--\n (1) Preliminary report.--In preparing the preliminary \n report under subsection (a), the Secretary shall consult with--\n (A) the Secretary of the Treasury\n (B) the Secretary of Commerce;\n (C) the Secretary of State;\n (D) the Secretary of Health and Human Services;\n (E) the Secretary of Defense;\n (F) the United States Trade Representative;\n (G) the Director of the Federal Emergency \n Management Agency; and\n (H) representatives of other appropriate Federal \n agencies;\n (2) Final report.--In preparing the final report under \n subsection (b), the Secretary shall consult with--\n (A) the individuals listed in paragraph (1);\n (B) private and nonprofit sector experts in \n infectious disease, research, prevention, and control;\n (C) international, State, and local governmental \n animal health officials;\n (D) private, nonprofit, and public sector livestock \n experts;\n (E) representatives of blood collection and \n distribution entities; and\n (F) representatives of consumer and patient \n organizations and other interested members of the \n public.","summary":"Animal Disease Risk Assessment, Prevention, and Control Act of 2001 - Directs the Secretary of Agriculture to submit a preliminary report to specified congressional committees concerning: (1) interagency measures to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy in the United States, (2) related Federal information sources available to the public. And (3) the need for any additional legislative authority or product bans. Directs the Secretary to submit a final report to such committees that discusses such diseases' economic impacts, public and animal health risks, and related legislative authority or product bans.","title":"A bill to provide the citizens of the United States and Congress with a report on coordinated actions by Federal agencies to prevent the introduction of foot and mouth disease and bovine spongiform encephalopathy into the United States and other information to assess the economic and public health impacts associated with the potential threats presented by those diseases.","text_len":16951,"sum_len":677} {"bill_id":"109_hr6417","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Climate Change Investment Act of \n2006''.\n\nSEC. 2. REPEAL OF TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY.\n\n (a) Repeal of Election To Expense Certain Refineries.--\n (1) Subparagraph (B) of section 179C(c)(2) of the Internal \n Revenue Code of 1986 is amended by striking ``January 1, 2012'' \n and inserting ``the date of the enactment of the Climate Change \n Investment Act of 2006''.\n (2) Paragraph (2) of section 179C(c) of such Code is \n amended by striking ``January 1, 2008'' each place it appears \n and inserting ``the date of the enactment of the Climate Change \n Investment Act of 2006''.\n (b) Repeal of Amortization of Geological and Geophysical \nExpenditures.--Subsection (h) of section 167 of such Code is amended by \nadding at the end the following new paragraph:\n ``(5) Termination.--This subsection shall not apply to any \n expenses paid or incurred in any taxable year beginning after \n the date of the enactment of this Act.''.\n (c) Repeal of Enhanced Oil Recovery Credit.--Section 43 of such \nCode (relating to enhanced oil recovery credit) is amended by adding at \nthe end the following new subsection:\n ``(f) Termination.--This section shall not apply to taxable years \nbeginning after the date of the enactment of this subsection.''.\n (d) Repeal of Credit for Production of Low Sulfur Diesel Fuel.--\nSection 45H of such Code (relating to credit for production of low \nsulfur diesel fuel) is amended by adding at the end the following new \nsubsection:\n ``(h) Termination.--This section shall not apply to taxable years \nbeginning after the date of the enactment of this subsection.''.\n (e) Repeal of Credit for Producing Fuel From a Nonconventional \nSource.--Subpart D of part IV of subchapter A of chapter 1 of such Code \nis amended by striking section 45K (relating to credit for producing \nfuel from a nonconventional source).\n (f) Repeal of Deduction for Capital Costs Incurred in Complying \nWith Environmental Protection Agency Sulfur Regulations.--Section 179B \nof such Code (relating to deduction for capital costs incurred in \ncomplying with Environmental Protection Agency sulfur regulations) is \namended by adding at the end the following new subsection:\n ``(f) Termination.--This section shall not apply to taxable years \nbeginning after the date of the enactment of this subsection.''.\n (g) Repeal of Certain Intangible Drilling and Development Costs.--\nSubsection (c) of section 263 of such Code (relating to intangible \ndrilling and development costs in the case of oil and gas wells and \ngeothermal wells) is amended by adding at the end the following new \nsentence: ``This subsection shall not apply to costs incurred after the \ndate of the enactment of this sentence with respect to any oil or gas \nwell.''.\n (h) Repeal of Certain Oil and Gas Provisions.--\n (1) In general.--Part I of subchapter I of chapter 1 of \n such Code (relating to deductions) is amended by adding at the \n end the following new section:\n\n``SEC. 618. OIL AND GAS LIMITATION.\n\n ``This part shall not apply with respect to any expenditure which \nrelates to any oil or gas well and which is paid or incurred after the \ndate of the enactment of this section.''.\n (2) Clerical amendment.--The table of sections for part I \n of subchapter I of chapter 1 of such Code is amended by adding \n at the end the following new item:\n\n``Sec. 618. Oil and gas limitation.''.\n (i) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall take effect on the date \n of the enactment of this Act.\n (2) Repeal of credit for producing fuel from a \n nonconventional source.--The amendment made by subsection (e) \n shall apply with respect to fuels sold or produced after the \n date of the enactment of this Act.\n\nSEC. 3. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT TAX CREDIT.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \n(relating to business-related credits) is amended by adding at the end \nthe following new section:\n\n``SEC. 45N. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT CREDIT.\n\n ``(a) Allowance of Credit.--\n ``(1) In general.--For purposes of section 38, in the case \n of a taxpayer's investment in a greenhouse gas intensity \n reduction project approved by the Secretary of Energy, the \n greenhouse gas intensity reduction investment credit determined \n under this section for the taxable year is an amount equal to--\n ``(A) the percentage reduction in greenhouse gas \n intensity certified for such project for such year by \n the Secretary of Energy, multiplied by\n ``(B) the investment in such project during such \n year which is attributable, directly or indirectly, to \n the taxpayer, as determined by the Secretary of Energy.\n ``(2) Aggregate dollar limitation.--The credit determined \n under paragraph (1) for any taxable year, when added to any \n credit allowed to the taxpayer with respect to the such project \n in any preceding taxable year, shall not exceed 50 percent of \n the investment attributable to the taxpayer with respect to \n such project through such taxable year.\n ``(b) Limitation on Aggregate Credit Allowable.--\n ``(1) In general.--The amount of the greenhouse gas \n intensity reduction investment credit determined under \n subsection (a) for any project, when added to all such credits \n allowed to all taxpayers with respect to the such project shall \n not exceed the credit dollar amount allocated to such project \n under this subsection by the Secretary of Energy from the \n greenhouse gas intensity reduction investment credit limitation \n for the calendar year in which such allocation is made.\n ``(2) Time for making allocation.--An allocation shall be \n taken into account under paragraph (1) only if it is made not \n later than the close of the calendar year in which the \n greenhouse gas intensity reduction project proposal with \n respect to such project is approved by the Secretary of Energy.\n ``(3) Overall limitation on aggregate credit allowable.--\n The Secretary of Energy may allocate the aggregate credit \n dollar amount to any such project for a period not to exceed a \n 10-year period beginning with the calendar year described in \n paragraph (2).\n ``(c) Limitation on Amount of Credits Allocated.--\n ``(1) In general.--There is a greenhouse gas intensity \n reduction investment credit limitation amount for each calendar \n year. Except as provided in paragraph (2), such limitation \n amount is $600,000,000 for each of calendar years 2008 through \n 2012, and zero thereafter.\n ``(2) Carryover of unused issuance limitation.--If for any \n calendar year the limitation amount imposed by paragraph (1) \n exceeds the amount of greenhouse gas intensity reduction \n investment credits allocated during such year, such excess \n shall be carried forward to the succeeding calendar year as an \n addition to the limitation imposed by paragraph (1).\n ``(d) Greenhouse Gas Intensity Reduction Project; Greenhouse Gas \nIntensity.--For purposes of this section--\n ``(1) Greenhouse gas intensity reduction project.--The term \n `greenhouse gas intensity reduction project' means any project \n approved under this section by the Secretary of Energy. Such \n approval shall be based on the following criteria:\n ``(A) The extent of the reduction in greenhouse gas \n intensity proposed for the project.\n ``(B) Improvements in system efficiency.\n ``(C) In the case of projects located outside the \n United States, the extent of technology transfer.\n ``(D) The existence and nature of agreements for \n sharing project benefits and liability between the \n taxpayer and any host government.\n ``(2) Greenhouse gas intensity.--The greenhouse gas \n intensity for any period is equal to the volume of emissions \n divided by the economic activity associated with a project.\n ``(e) Recapture of Credit in Certain Cases.--\n ``(1) In general.--If, at any time during the 20-year \n period of a greenhouse gas intensity reduction project, there \n is a recapture event with respect to such project, then the tax \n imposed by this chapter for the taxable year in which such \n event occurs shall be increased by the credit recapture amount.\n ``(2) Credit recapture amount.--For purposes of paragraph \n (1)--\n ``(A) In general.--The credit recapture amount is \n an amount equal to the recapture percentage of all \n greenhouse gas intensity reduction investment credits \n previously allowable to a taxpayer with respect to any \n investment in such project that is attributable to such \n taxpayer.\n ``(B) Recapture percentage.--The recapture \n percentage shall be 100 percent if the recapture event \n occurs during the first 5 years of the project, 75 \n percent if the recapture event occurs during the second \n 5 years of the project, 50 percent if the recapture \n event occurs during the third 5 years of the project, \n 25 percent if the recapture event occurs during the \n fourth 5 years of the project, and 0 percent if the \n recapture event occurs at any time after the 20th year \n of the project.\n ``(3) Recapture event.--For purposes of paragraph (1), \n there is a recapture event with respect to a greenhouse gas \n intensity reduction project if--\n ``(A) the taxpayer violates a term or condition of \n the approval of the project by the Secretary of Energy \n at any time,\n ``(B) the taxpayer adopts a practice which the \n Secretary of Energy has specified in its approval of \n the project as a practice which would tend to defeat \n the purposes of the program, or\n ``(C) the taxpayer disposes of any ownership \n interest arising out of its investment that the \n Secretary of Energy has determined is attributable to \n the project, unless the Secretary of Energy determines \n that such disposition will not have any adverse effect \n on the greenhouse gas intensity reduction project.\n If an event which otherwise would be a recapture event is \n outside the control of the taxpayer, as determined by the \n Secretary of Energy, such event shall not be treated as a \n recapture event with respect to such taxpayer.\n ``(4) Special rules.--\n ``(A) Tax benefit rule.--The tax for the taxable \n year shall be increased under paragraph (1) only with \n respect to credits allowed by reason of this section \n which were used to reduce tax liability. In the case of \n credits not so used to reduce tax liability, the \n carryforwards and carrybacks under section 39 shall be \n appropriately adjusted.\n ``(B) No credits against tax.--Any increase in tax \n under this subsection shall not be treated as a tax \n imposed by this chapter for purposes of determining the \n amount of any credit under this chapter or for purposes \n of section 55.\n ``(f) Disallowance of Double Benefit.--\n ``(1) Basis reduction.--The basis of any investment in a \n greenhouse gas intensity reduction project shall be reduced by \n the amount of any credit determined under this section with \n respect to such investment.\n ``(2) Charitable deduction disallowed.--No deduction shall \n be allowed to a taxpayer under section 170 with respect to any \n contribution which the Secretary of Energy certifies to the \n Secretary of the Treasury constitutes an investment in a \n greenhouse gas intensity reduction project that is attributable \n to such taxpayer.\n ``(g) Certification to Treasury.--The Secretary of Energy shall \ncertify to the Secretary of the Treasury before January 31 of each year \nwith respect to each taxpayer which has made an investment in a \ngreenhouse gas intensity reduction project--\n ``(1) the amount of the greenhouse gas intensity reduction \n investment credit allowable to such taxpayer for the preceding \n calendar year,\n ``(2) whether a recapture event occurred with respect to \n such taxpayer during the preceding calendar year, and\n ``(3) the credit recapture amount, if any, with respect to \n such taxpayer for the preceding calendar year.\n ``(h) Regulations.--The Secretary of the Treasury shall prescribe \nsuch regulations as may be appropriate to carry out this section, \nincluding regulations--\n ``(1) which limit the credit for investments which are \n directly or indirectly subsidized by other Federal benefits,\n ``(2) which prevent the abuse of the provisions of this \n section through the use of related parties, and\n ``(3) which impose appropriate reporting requirements.''.\n (b) Credit Made Part of General Business Credit.--Subsection (b) of \nsection 38 is amended by striking ``and'' at the end of paragraph (29), \nby striking the period at the end of paragraph (30) and inserting ``, \nand'', and by adding at the end the following new paragraph:\n ``(31) the greenhouse gas intensity reduction investment \n credit determined under section 45N(a).''.\n (c) Deduction for Unused Credit.--Subsection (c) of section 196 is \namended by striking ``and'' at the end of paragraph (12), by striking \nthe period at the end of paragraph (13) and inserting ``, and'', and by \nadding at the end the following new paragraph:\n ``(14) the greenhouse gas intensity reduction investment \n credit determined under section 45N(a).''.\n (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by adding at the end \nthe following new item:\n\n``Sec. 45N. Greenhouse gas intensity reduction investment credit.''.\n (e) Effective Date.--The amendments made by this section shall \napply to investments made after December 31, 2007.","summary":"Climate Change Investment Act of 2006 - Repeals provisions of the Internal Revenue Code allowing: (1) an election to expense the cost of certain liquid fuel processing refineries, (2) accelerated amortization of geological and geophysical expenditures, (3) a tax credit for enhanced oil recovery costs. (4) a tax credit for the production of low sulfur diesel fuel. (5) a tax credit for producing fuel from a nonconventional source. (6) a tax deduction for capital costs incurred in complying with certain sulfur regulations. (7) a tax deduction for intangible drilling and development costs for oil and gas wells and geothermal wells. And (8) tax deductions for certain oil and gas well expenditures. Allows a business-related tax credit for investment in a greenhouse gas intensity reduction project approved by the Secretary of Energy.","title":"To repeal tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas and certain other oil and gas subsidies in the Internal Revenue Code of 1986, and to establish a greenhouse gas intensity reduction investment tax credit.","text_len":15276,"sum_len":838} {"bill_id":"111_s3780","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Recovery Through Building Renovation \nAct of 2010''.\n\nSEC. 2. BUILDING EFFICIENCY RETROFIT LOAN CREDIT SUPPORT PROGRAM.\n\n Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.\n\n ``(a) Definitions.--In this section:\n ``(1) Credit support.--The term `credit support' means a \n guarantee or commitment to issue a guarantee or other forms of \n credit enhancement to ameliorate risks for efficiency \n obligations.\n ``(2) Efficiency obligation.--The term `efficiency \n obligation' means a debt or repayment obligation incurred in \n connection with financing a project, or a portfolio of such \n debt or payment obligations.\n ``(3) Project.--The term `project' means the installation \n of efficiency or renewable energy measures in a building (or in \n multiple buildings on a given property) that are expected to \n increase the energy efficiency of the building (including \n fixtures) in accordance with criteria established by the \n Secretary.\n ``(b) Eligible Projects.--\n ``(1) In general.--Notwithstanding sections 1703 and 1705, \n the Secretary may provide credit support under this section, in \n accordance with section 1702.\n ``(2) Inclusions.--Buildings eligible for credit support \n under this section include commercial, industrial, municipal, \n university, school, and hospital facilities that satisfy \n criteria established by the Secretary.\n ``(c) Guidelines.--\n ``(1) In general.--Not later than 180 days after the date \n of enactment of this section, the Secretary shall establish \n guidelines for credit support provided under this section.\n ``(2) Requirements.--The guidelines established by the \n Secretary under this subsection shall include--\n ``(A) standards for assessing the energy savings \n that could reasonably be expected to result from a \n project;\n ``(B) examples of financing mechanisms (and \n portfolios of such financing mechanisms) that qualify \n as efficiency obligations;\n ``(C) the threshold levels of energy savings that a \n project, at the time of issuance of credit support, \n shall be reasonably expected to achieve to be eligible \n for credit support;\n ``(D) the eligibility criteria the Secretary \n determines to be necessary for making credit support \n available under this section; and\n ``(E) any lien priority requirements that the \n Secretary determines to be necessary.\n ``(3) Efficiency obligations.--The financing mechanisms \n qualified by the Secretary under paragraph (2)(B) may include--\n ``(A) loans, including loans made by the Federal \n Financing Bank;\n ``(B) power purchase agreements, including energy \n efficiency power purchase agreements;\n ``(C) energy services agreements, including energy \n performance contracts;\n ``(D) property assessed clean energy bonds and \n other tax assessment-based financing mechanisms;\n ``(E) aggregate on-meter agreements that finance \n retrofit projects; and\n ``(F) any other efficiency obligations the \n Secretary determines to be appropriate.\n ``(4) Priorities.--In carrying out this section, the \n Secretary shall prioritize--\n ``(A) the maximization of energy savings with the \n available credit support funding;\n ``(B) the establishment of a clear application and \n approval process that allows private building owners, \n lenders, and investors to reasonably expect to receive \n credit support for projects that conform to guidelines; \n and\n ``(C) the distribution of projects receiving credit \n support under this section across States or \n geographical regions of the United States.\n ``(5) Minimum energy savings requirement.--\n ``(A) In general.--In carrying out this section, \n the Secretary shall establish an initial minimum energy \n savings requirement for eligible projects that, to the \n maximum extent practicable, results in the greatest \n amount of energy savings on a per project basis.\n ``(B) Adjustments.--\n ``(i) In general.--Not less than once each \n year, the Secretary shall adjust the minimum \n energy savings requirement described in \n subparagraph (A) and any other credit support \n terms the Secretary determines to be necessary, \n including the maximum percentage of the \n efficiency obligation that may be guaranteed, \n taking into account market conditions and the \n available funding.\n ``(ii) Advanced notice.--If the Secretary \n adjusts the energy savings requirement, the \n Secretary shall provide at least 90 days \n advanced public notice.\n ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary \nshall not issue credit support under this section in an amount that \nexceeds--\n ``(1) 90 percent of the principal amount of the efficiency \n obligation that is the subject of the credit support; or\n ``(2) $10,000,000 for any single project.\n ``(e) Aggregation of Projects.--To the extent provided in the \nguidelines developed in accordance with subsection (c), the Secretary \nmay issue credit support on a portfolio, or pool of projects, that are \nnot required to be geographically contiguous, if each efficiency \nobligation in the pool fulfills the requirements described in this \nsection.\n ``(f) Application.--\n ``(1) In general.--To be eligible to receive credit support \n under this section, the applicant shall submit to the Secretary \n an application at such time, in such manner, and containing \n such information as the Secretary determines to be necessary.\n ``(2) Contents.--An application submitted under this \n section shall include assurances by the applicant that--\n ``(A) each contractor carrying out the project--\n ``(i) meets minimum experience level \n criteria, including local retrofit experience, \n as determined by the Secretary; and\n ``(ii) beginning on the date on which \n credit support is issued, will comply with \n subchapter IV of chapter 31 of title 40, United \n States Code (commonly known as the ``Davis-\n Bacon Act'');\n ``(B) the project is reasonably expected to achieve \n energy savings, as set forth in the application using \n any methodology that meets the standards described in \n the program guidelines;\n ``(C) the project meets any technical criteria \n described in the program guidelines;\n ``(D) the recipient of the credit support and the \n parties to the efficiency obligation will provide the \n Secretary with--\n ``(i) any information the Secretary \n requests to assess the energy savings that \n result from the project, including historical \n energy usage data and detailed descriptions of \n the building work, as described in the program \n guidelines; and\n ``(ii) permission to access information \n relating to building operations and usage for \n the period described in the program guidelines; \n and\n ``(E) any other assurances that the Secretary \n determines to be necessary.\n ``(3) Determination.--Not later than 90 days after \n receiving an application, the Secretary shall make a final \n determination on the application, which may include requests \n for additional information.\n ``(g) Fees.--\n ``(1) In general.--In addition to the fees required by \n section 1702(h)(1), the Secretary may charge reasonable fees \n for credit support provided under this section.\n ``(2) Availability.--Fees collected under this section \n shall be subject to section 1702(h)(2).\n ``(h) Underwriting.--The Secretary may delegate the underwriting \nactivities under this section to 1 or more entities that the Secretary \ndetermines to be qualified.\n ``(i) Report.--Not later than 1 year after commencement of the \nprogram, the Secretary shall submit to the appropriate committees of \nCongress a report that describes in reasonable detail--\n ``(1) the manner in which this section is being carried \n out;\n ``(2) the number and type of projects supported;\n ``(3) the types of funding mechanisms used to provide \n credit support to projects;\n ``(4) the energy savings expected to result from projects \n supported by this section;\n ``(5) any tracking efforts the Secretary is using to \n calculate the actual energy savings produced by the projects; \n and\n ``(6) any plans to improve the tracking efforts described \n in paragraph (5).\n ``(j) Funding.--\n ``(1) Authorization of appropriations.--There is authorized \n to be appropriated to the Secretary to carry out this section \n $500,000,000 for the period of fiscal years 2011 through 2020, \n to remain available until expended.\n ``(2) Administrative costs.--Not more than 1 percent of any \n amounts made available to the Secretary under paragraph (1) may \n be used by the Secretary for administrative costs incurred in \n carrying out this section.''.\n\nSEC. 3. MUSH BUILDING REVOLVING FUND.\n\n (a) Definitions.--In this section:\n (1) Project.--The term ``project'' means an energy \n efficiency retrofit project that meets the terms of this \n section and criteria determined to be necessary by the \n Secretary.\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (3) State.--The term ``State'' has the meaning given the \n term in section 412 of the Energy Conservation and Production \n Act (42 U.S.C. 6862).\n (b) Establishment.--The Secretary shall establish the MUSH Building \nEfficiency Program to provide grants to State revolving funds to \nfinance projects.\n (c) Eligibility.--To be eligible to receive a grant under this \nprogram, a State shall have, or propose to establish, a program to \nfinance or support building improvement projects on buildings that are \nowned or controlled by--\n (1) a municipality;\n (2) a State or public university, including a community \n college;\n (3) a school or school district, including a technical \n school or a vocational school; and\n (4) a State, city, or other publicly owned hospital.\n (d) Terms and Conditions.--\n (1) In general.--As a condition of receiving a grant under \n this section, a State shall--\n (A) develop technical energy assessment report \n guidelines for each project to be carried out under \n this section;\n (B) develop procedures--\n (i) to monitor energy consumption prior to, \n and for at least 3 years after, the completion \n of each project carried out using State \n revolving funds;\n (ii) to make data publicly available in \n aggregated summary reports regarding the \n performance of each project carried out using \n State revolving funds; and\n (iii) to analyze energy savings, in \n kilowatt hours and dollars, before and for at \n least 3 years after the completion of each \n project carried out using State revolving \n funds; and\n (C) incorporate training on audit techniques in any \n guidelines or procedures developed for State revolving \n funds that receive a grant under this section.\n (2) Maximum repayment term.--A State receiving a grant \n under this section shall not enter into any obligations with a \n repayment term that exceeds 15 years.\n (3) Conflict of interest.--A commissioning organization or \n individual that receives compensation for professional services \n relating to a project carried out under this section shall not \n acquire any direct or indirect financial interest in the sale \n of energy efficiency equipment or products that are directly \n related to the project.\n (e) Report.--Not later than 1 year after commencement of the MUSH \nBuilding Efficiency Program, the Secretary shall submit to the \nappropriate committees of Congress a report that--\n (1) describes in detail the manner in which this section \n has been carried out;\n (2) aggregates the project performance data of the State \n programs receiving a grant under this section; and\n (3) includes any recommendations of the Secretary on \n modifications that may improve the grant program.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as are necessary.\n\nSEC. 4. ENERGY EFFICIENCY SUPPORT PROGRAM.\n\n (a) Definitions.--In this section:\n (1) Project.--The term ``project'' means an energy \n efficiency retrofit project that meets the criteria described \n in subsection (c).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of Energy.\n (b) Establishment.--The Secretary shall establish a program that \nprovides grants to State or tribal governments to support property \nassessed clean energy bonds and other tax assessment-based financing \nmechanisms to support building retrofits that meet the criteria \ndescribed in subsection (c).\n (c) Authorization, Terms, and Conditions.--\n (1) Authorization.--\n (A) In general.--In carrying out this section, the \n Secretary shall provide grants to capitalize loan loss \n reserves for property assessed clean energy bonds and \n other tax assessment-based financing mechanisms managed \n by State or tribal governments.\n (B) Maximum.--No eligible entity shall receive a \n grant under this section that exceeds a total amount of \n $10,000,000.\n (2) Eligible programs.--\n (A) In general.--A grant under this section shall \n be used to finance building retrofit projects that are \n expected to produce significant energy efficiency \n gains.\n (B) Use of funds.--A State or tribal government \n that receives a grant under this section shall use the \n funds to provide credit enhancements or establish other \n loan loss reserve funds approved by the Secretary.\n (C) Conditions.--As a condition of receiving a \n grant under this section, a State or tribal government \n shall provide to the Secretary such assurances as the \n Secretary determines to be necessary, including \n assurances that the State or tribal government shall--\n (i) provide support for each financing \n mechanism approved by the Secretary, including \n property assessed clean energy bonds and tax \n lien financing;\n (ii) for each project receiving financial \n assistance under this section, develop \n comprehensive procedures for--\n (I) monitoring energy consumption \n prior to the commencement of, and at \n least 3 years after completion of, each \n project;\n (II) analyzing energy savings \n achieved, measured in kilowatt hours \n and dollars, prior to the commencement \n of, and at least 3 years after \n completion of, each project; and\n (III) making data recorded from \n each project publicly available in \n aggregated summary reports describing \n the performance of each project; and\n (D) incorporate training on audit techniques in any \n guidelines developed for the capital loan loss \n reserves.\n (d) Program Coordination and Aggregation.--Subject to subsection \n(c)(1) and approval of the Secretary, eligible State or tribal \ngovernments may combine grants provided under this section to create \nmultijurisdictional programs to support projects that meet the \nrequirements of this section.\n (e) Report.--Not later than 1 year after the commencement of the \nprogram, the Secretary shall submit to the appropriate committees of \nCongress a report that--\n (1) describes in detail the manner in which this section \n has been carried out;\n (2) aggregates the project performance data of the State, \n local, and tribal government programs receiving funding under \n this section; and\n (3) includes any recommendations of the Secretary on \n modifications that may improve the grant program.\n (f) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as are necessary.","summary":"Recovery Through Building Renovation Act of 2010 - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy (DOE) to provide credit support for debt or repayment obligations incurred in connection with financing the installation of efficiency or renewable energy measures in commercial, industrial, municipal, university, school, and hospital facilities. Directs the Secretary to establish guidelines for such credit support, including: (1) standards for assessing, and threshold levels for, the expected energy savings, (2) examples of financing mechanisms that qualify as efficiency obligations, (3) eligibility criteria. And (4) lien priority requirements. Requires the Secretary to prioritize: (1) the maximization of energy savings with the available credit support funding, (2) the establishment of a clear application and approval process. And (3) the distribution of projects receiving credit support across states or geographical regions. Directs the Secretary to: (1) establish an initial minimum energy savings requirement for eligible projects that results in the greatest amount of energy savings on a per project basis. And (2) annually adjust that requirement and any other credit support terms deemed necessary taking into account market conditions and available funding. Limits credit support to 90 of the principal amount of the efficiency obligation or $10 million for any single project. Authorizes the Secretary to charge reasonable fees for such credit support. Directs the Secretary to establish: (1) the MUSH Building Efficiency Program to provide grants to state revolving funds to finance energy efficiency retrofit projects for buildings that are owned or controlled by a municipality, a state or public university, a school or school district, or a publicly owned hospital. And (2) a program that provides grants to state or tribal governments to support property assessed clean energy bonds and other tax assessment-based financing mechanisms to support building retrofit projects expected to produce significant energy efficiency gains.","title":"A bill to establish a building efficiency retrofit loan credit support program, a State building revolving fund grant program, and a commercial and large building grant program.","text_len":19344,"sum_len":2083} {"bill_id":"110_hr5803","text":"SECTION 1. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT FOR MAKING \n BACKUP PAPER BALLOTS AVAILABLE IN CASE OF VOTING SYSTEM \n OR EQUIPMENT FAILURE OR OTHER EMERGENCY SITUATION.\n\n (a) Grants by Election Assistance Commission.--The Election \nAssistance Commission (hereafter referred to as the ``Commission'') \nshall establish a program under which the Commission shall make a grant \nto each participating State and each participating unit of local \ngovernment for carrying out a program to make backup paper ballots \navailable in the case of the failure of a voting system or voting \nequipment or some other emergency situation in the administration of \nthe regularly scheduled general election for Federal office held in \nNovember 2008.\n (b) Requirements for Eligibility.--\n (1) Application.--A State or unit of local government is \n eligible to participate in the program established by the \n Commission under this Act if the State or unit of local \n government submits an application to the Commission at such \n time and in such manner as the Commission shall require, and \n includes in the application--\n (A) a certification that the State or unit of local \n government has established a program that meets the \n requirements of paragraph (2) to make backup paper \n ballots available in the case of the failure of a \n voting system or voting equipment or some other \n emergency situation;\n (B) a statement of the reasonable costs the State \n or unit of local government expects to incur in \n carrying out its program;\n (C) a certification that, not later than 60 days \n after the date of the election, the State or unit of \n local government will provide the Commission with a \n statement of the actual costs incurred in carrying out \n its program;\n (D) a certification that the State or unit of local \n government will repay the Commission any amount by \n which the payment made under this Act exceeds the \n actual costs incurred in carrying out its program; and\n (E) such other information and certifications as \n the Commission may require.\n (2) Program requirements.--The requirements of this \n paragraph for a program to make backup paper ballots available \n in the case of the failure of a voting system or voting \n equipment or some other emergency situation are as follows:\n (A) In the event that the voting equipment at a \n polling place malfunctions and cannot be used to cast \n ballots on the date of the election or some other \n emergency situation exists which prevents the use of \n such equipment to cast ballots on that date, any \n individual who is waiting at the polling place on that \n date to cast a ballot in the election and who would be \n delayed due to such malfunction or other emergency \n situation shall be notified by the appropriate election \n official of the individual's right to use a backup \n paper ballot, and shall be provided with a backup paper \n ballot for the election, the supplies necessary to mark \n the ballot, and instructions on how to mark the ballot \n to prevent overvotes.\n (B) Any backup paper ballot which is cast by an \n individual pursuant to the program of a State or unit \n of local government shall be counted as a regular \n ballot cast in the election and tabulated on the date \n of the election, and shall not be treated (for \n eligibility purposes) as a provisional ballot under \n section 302(a) of the Help America Vote Act of 2002, \n unless the individual casting the ballot would have \n otherwise been required to cast a provisional ballot if \n the voting equipment at the polling place had not \n malfunctioned or an emergency situation had not existed \n which prevented the use of such equipment to cast \n ballots.\n (C) The program of a State or unit of local \n government is carried out in accordance with standards \n established by the State or unit of local government \n which include protocols for delivering and supplying \n backup paper ballots to polling places and for \n notifying individuals of the right to use the backup \n paper ballots.\n (c) Amount of Grant.--The amount of a grant made to a State or unit \nof local government under the program established by the Commission \nunder this Act shall be equal to the amount of the reasonable costs the \nState or unit of local government expects to incur in carrying out its \nprogram, as provided in the application under subsection (b)(1)(B).\n\nSEC. 2. STATE DEFINED.\n\n In this Act, the term ``State'' includes the District of Columbia, \nthe Commonwealth of Puerto Rico, Guam, American Samoa, and the United \nStates Virgin Islands.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated for grants under the \nprogram established by the Commission under this Act $75,000,000. Any \namount appropriated pursuant to the authority of this section shall \nremain available without fiscal year limitation until expended.\n ","summary":"Directs the Election Assistance Commission to make a grant to each participating state and unit of local government for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation in the administration of the regularly scheduled federal general election held in November 2008.","title":"To direct the Election Assistance Commission to establish a program to make grants to participating States and units of local government which will administer the regularly scheduled general election for Federal office held in November 2008 for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment in the election or some other emergency situation, and for other purposes.","text_len":5875,"sum_len":378} {"bill_id":"112_hr901","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chemical Facility Anti-Terrorism \nSecurity Authorization Act of 2011''.\n\nSEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.\n\n (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et \nseq.) is amended by adding at the end the following new title:\n\n ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS\n\n``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.\n\n ``(a) In General.--The Secretary shall maintain, and revise as \nnecessary, regulations to protect chemical facilities against terrorism \nand potential terrorist attacks. Such regulations shall include--\n ``(1) risk-based performance standards for chemical \n facility security;\n ``(2) requirements for chemical facility security \n vulnerability assessments; and\n ``(3) requirements for the development and implementation \n of chemical facility site security plans.\n ``(b) Facilities Regulated.--The regulations required by subsection \n(a) shall apply to any chemical facility that the Secretary determines \npresents a high level of security risk with respect to acts of \nterrorism, except that the Secretary may not apply such regulations to \nany of the following:\n ``(1) Any facility owned or operated by the Department of \n Defense.\n ``(2) Any facility owned or operated by the Department of \n Energy.\n ``(3) Any facility subject to regulation by the Nuclear \n Regulatory Commission.\n ``(4) Any facility regulated under chapter 701 of title 46, \n United States Code.\n ``(5) A public water system, as such term is defined by \n section 1401(4) of the Safe Drinking Water Act (42 U.S.C. \n 300f(4)).\n ``(6) A treatment works, as such term is defined by section \n 212(2) of the Federal Water Pollution Control Act (33 U.S.C. \n 1292(2)).\n ``(c) Security Measures.--The regulations required by subsection \n(a) shall provide that each such facility, in developing and \nimplementing site security plans, be permitted to select layered \nsecurity measures that, in combination, appropriately address the \nvulnerability assessment and the risk-based performance standards for \nsecurity for the facility.\n ``(d) Review.--\n ``(1) In general.--The Secretary shall review and approve \n or disapprove each vulnerability assessment and site security \n plan required under this title or by the regulations required \n by subsection (a).\n ``(2) Standards for disapproval.--The Secretary may not \n disapprove such a site security plan based on the presence or \n absence of a particular security measure, but the Secretary may \n disapprove such a site security plan if the plan fails to \n satisfy the risk-based performance standards established by the \n Secretary.\n ``(3) Deadline for notification.--Beginning after the \n Secretary publishes final regulations to implement this \n section, not later than 180 days, to the greatest extent \n practicable, after the date on which the Secretary receives a \n security vulnerability assessment or site security plan under \n this title, the Secretary shall review and approve or \n disapprove such assessment or plan and notify the covered \n chemical facility of such approval or disapproval.\n ``(4) Notification of disapproval.--If the Secretary \n disapproves the security vulnerability assessment or site \n security plan submitted by a covered chemical facility under \n this title or the implementation of a site security plan by \n such a chemical facility, the Secretary shall provide the owner \n or operator of the covered chemical facility a written \n notification of the disapproval not later than 14 days after \n the date on which the Secretary disapproves such assessment or \n plan, that--\n ``(A) includes a clear explanation of deficiencies \n in the assessment, plan, or implementation of the plan; \n and\n ``(B) requires the owner or operator of the covered \n chemical facility to revise the assessment or plan to \n address any deficiencies and, by such date as the \n Secretary determines is appropriate, to submit to the \n Secretary the revised assessment or plan.\n ``(5) Reporting.--The Secretary shall submit to the \n Committee on Homeland Security of the House of Representatives \n and the Committee on Homeland Security and Government Affairs \n of the Senate, on an annual basis, information on the number of \n instances during the year covered by the report where the \n Secretary determined that the 180 day notification requirement \n under paragraph (3) was impracticable.\n ``(e) Alternative Security Programs.--The Secretary may approve any \nalternative security program established by a private sector entity or \nFederal, State, or local authority, or under another applicable law, if \nthe Secretary determines that the requirements of such program meets \nthe requirements of this title and any regulations issued or maintained \npursuant to this title.\n ``(f) Security Background Checks.--In any personnel surety \nregulation issued by the Secretary pursuant to subsection (a), the \nSecretary shall include provisions on how an owner or operator of a \ncovered chemical facility can meet, in whole or in part, the \nrequirements set forth in such regulations by submitting--\n ``(1) information on an employee or individual holding a \n valid transportation security card issued under section 70105 \n of title 46, United States Code;\n ``(2) an alternate security background check conducted by a \n private sector entity, including the owner and operator of a \n covered chemical facility and a non-profit personnel surety \n accrediting organization; and\n ``(3) an alternate security background check conducted \n under another applicable law.\n ``(g) Technical Assistance to Small Businesses.--The Secretary \nshall provide technical assistance to any owner or operator of a \ncovered chemical facility who requests such assistance to prepare a \nsecurity vulnerability assessment or site security plan required under \nthis title or by the regulations required by subsection (a), if the \ncovered chemical facility is a small business concern, under the \nmeaning given that term in section 3 of the Small Business Act (15 \nU.S.C. 632).\n\n``SEC. 2102. INFORMATION PROTECTION.\n\n ``(a) In General.--Notwithstanding any other provision of law, \ninformation developed pursuant to this title, or pursuant to the \nregulations required by section 2101(a), including vulnerability \nassessments, site security plans, and other security related \ninformation, records, and documents shall be given protections from \npublic disclosure consistent with similar information developed by \nchemical facilities subject to regulation under section 70103 of title \n46, United States Code.\n ``(b) Sharing of Information.--\n ``(1) State and local governments.--This section does not \n prohibit the sharing of such information, as the Secretary \n determines appropriate, with State and local government \n officials possessing the appropriate security clearances, \n including emergency response providers, for the purpose of \n carrying out this title, as long as such information may not be \n disclosed pursuant to any State or local law.\n ``(2) Congress.--Nothing in this title shall permit or \n authorize the withholding of information from Congress or any \n committee or subcommittee thereof.\n ``(c) Administrative and Judicial Proceedings.--In any proceeding \nto enforce this title, vulnerability assessments, site security plans, \nand other information submitted to or obtained by the Secretary under \nthis title, and related vulnerability or security information, shall be \ntreated as if the information were classified material.\n\n``SEC. 2103. ENFORCEMENT.\n\n ``(a) In General.--The Secretary shall audit and inspect chemical \nfacilities subject to regulation under this title for the purposes of \ndetermining compliance with this title and the regulations required by \nsection 2101(a).\n ``(b) Orders for Compliance.--If the Secretary determines that a \nchemical facility is not in compliance with this title or the \nregulations required by section 2101(a), the Secretary shall provide \nthe owner or operator of the facility with written notification \n(including a clear explanation of deficiencies in the vulnerability \nassessment and site security plan) and an opportunity for consultation, \nand issue an order to comply by such date as the Secretary determines \nto be appropriate under the circumstances.\n ``(c) Civil Penalties.--Any person who violates an order issued \nunder this title shall be liable for a civil penalty under section \n70119(a) of title 46, United States Code.\n ``(d) Order To Cease Operation.--If the owner or operator of a \nchemical facility subject to regulation under this title continues to \nbe in noncompliance, the Secretary may issue an order for the facility \nto cease operation until the owner or operator complies with the order.\n ``(e) Exception.--Nothing in this title confers upon any person \nexcept the Secretary a right of action against an owner or operator of \na chemical facility to enforce any provision of this title.\n\n``SEC. 2104. JOBS IMPACT.\n\n ``Not later than one year after the date of the enactment of this \ntitle, and annually thereafter, the Secretary shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Homeland Security and Governmental Affairs of the Senate a \nreport that, at a minimum, includes--\n ``(1) an estimate of the potential jobs created or lost \n within the private sector as a result of the regulations \n required under section 2101 of this title; and\n ``(2) information on feedback received from owners and \n operators of covered chemical facilities about how the \n regulations required under section 2101 of this title could be \n revised to spur potential job creation or stem job losses.\n\n``SEC. 2105. SCOPE.\n\n ``Nothing in this title shall be construed to supersede, amend, \nalter, or affect any Federal law that regulates the manufacture, \ndistribution in commerce, use, sale, other treatment, or disposal of \nchemical substances or mixtures.\n\n``SEC. 2106. PREEMPTION.\n\n ``This title shall not preclude or deny any right of any State or \npolitical subdivision thereof to adopt or enforce any regulation, \nrequirement, or standard of performance with respect to chemical \nfacility security that is more stringent than a regulation, \nrequirement, or standard of performance required under this title, or \notherwise impair any right or jurisdiction of any State with respect to \nchemical facilities within that State, unless there is an actual \nconflict between this title and the law of that State.\n\n``SEC. 2107. TERMINATION.\n\n ``The authority provided by this title shall terminate on September \n30, 2018.\n\n``SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.\n\n ``There is authorized to be appropriated to the Secretary to carry \nout this title $89,928,000 for each of fiscal years 2012 through \n2018.''.\n (b) Table of Contents.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by \nadding at the end the following new items:\n\n ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS\n\n``Sec. 2101. Chemical facility anti-terrorism security regulations.\n``Sec. 2102. Information protection.\n``Sec. 2103. Enforcement.\n``Sec. 2104. Jobs Impact.\n``Sec. 2105. Scope.\n``Sec. 2106. Preemption.\n``Sec. 2107. Termination.\n``Sec. 2108. Authorization of appropriations.''.\n\nSEC. 3. CONFORMING REPEAL.\n\n (a) Repeal.--The Department of Homeland Security Appropriations \nAct, 2007 (Public Law 109-295) is amended by striking section 550.\n (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act.\n\nSEC. 4. HARMONIZATION.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Secretary of Homeland Security shall submit to Committee on \nHomeland Security of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate a report on the \nextent to which the security requirements under title XXI of the \nHomeland Security Act of 2002, as added by this Act, have been \nharmonized with the security requirements for facilities regulated \nunder chapter 701 of title 46, United States Code.\n ","summary":"Chemical Facility Anti-Terrorism Security Authorization Act of 2011 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to maintain regulations to protect chemical facilities against terrorism, which shall include: (1) risk-based performance standards for facility security, (2) requirements for facility security vulnerability assessments, and (3) requirements for the development and implementation of facility site security plans. Applies such regulations to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, with the exception of Department of Defense (DOD) and Department of Energy (DOE) facilities, facilities regulated by the Nuclear Regulatory Commission (NRC), port security facilities, public water systems, and treatment works. Requires such regulations to provide that each facility be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and risk-based performance standards. Directs the Secretary to approve or disapprove each assessment and site security plan. Prohibits the Secretary from disapproving such a plan based on the presence or absence of a particular security measure, but allows the Secretary to disapprove a plan that fails to satisfy performance standards. Requires the Secretary to: (1) approve or disapprove a security vulnerability assessment or site security plan after publishing final regulations and no later than 180 days after receipt, and (2) provide to a facility owner or operator no later than 14 days after such disapproval written notification that includes a clear explanation of deficiencies and that requires the owner or operator to make revisions to address deficiencies by an appropriate date. Authorizes the Secretary to approve an alterative security program established by a private sector entity or federal, state, or local authority, or established under another applicable law, if the Secretary determines that the requirements of such program meet the requirements of this Act. Requires the Secretary to include in any personnel surety regulation issued pursuant to this Act provisions on how a facility owner or operator can meet regulation requirements by submitting: (1) information on an employee or individual holding a valid transportation security card, (2) an alternate security background check conducted by a private sector entity, and (3) an alternate security background check conducted under another applicable law. Directs the Secretary to provide, upon request, to any owner or operator of a covered chemical facility that is a small business concern technical assistance to prepare a security vulnerability assessment or site security plan. Requires information developed pursuant to this Act to be protected from public disclosure but permits information sharing with state and local government officials under specified circumstances. Directs the Secretary to audit and inspect chemical facilities and order compliance with such regulations. Imposes civil penalties for violations. Authorizes the Secretary to issue an order for a facility not in compliance to cease operations. Requires the Secretary to report annually on: (1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under this Act, and (2) information on feedback from facility owners and operators about how the regulations could be revised to spur potential job creation or stem job losses. Terminates this Act on September 30, 2018. Authorizes appropriations for FY2012-FY2018. Repeals similar provisions of the Department of Homeland Security Appropriations Act, 2007. Directs the Secretary to report on the extent to which the security requirements added by this Act have been harmonized with security requirements for facilities regulated under existing port security provisions.","title":"To amend the Homeland Security Act of 2002 to codify the requirement that the Secretary of Homeland Security maintain chemical facility anti-terrorism security regulations.","text_len":13159,"sum_len":3976} {"bill_id":"113_hr5334","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Open Our Democracy Act of 2014''.\n\nSEC. 2. ELECTION OF MEMBERS OF HOUSE OF REPRESENTATIVES THROUGH OPEN \n PRIMARIES.\n\n (a) Rules for Election of House Members.--A candidate for election \nfor the office of Member of the House of Representatives shall be \nelected to such office pursuant to the following elections held by the \nState in which the candidate seeks election:\n (1) A single open primary election for such office held in \n accordance with subsection (b).\n (2) A single general election for such office held in \n accordance with subsection (c).\n (b) Open Primaries.--Each State shall hold a single open primary \nelection for each office of Member of the House of Representatives in \nthe State under which--\n (1) each candidate for such office, regardless of the \n candidate's political party preference, shall appear on a \n single ballot; and\n (2) each voter in the State who is eligible to vote in \n elections for Federal office in the Congressional district \n involved may cast a ballot in the election, regardless of the \n voter's political party preference.\n (c) General Election.--Each State shall hold a general election for \neach office of Member of the House of Representatives in the State \nunder which the 2 candidates receiving the greatest number of votes in \nthe single open primary election for such office (as described in \nsubsection (b)), without regard to the political party preference of \nsuch candidates, shall be the only candidates appearing on the ballot.\n\nSEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES.\n\n (a) Option of Candidates To Declare Political Party Preference.--At \nthe time a candidate for the office of Member of the House of \nRepresentatives files to run for such office, the candidate shall have \nthe option of declaring a political party preference, and the \npreference chosen (if any) shall accompany the candidate's name on the \nballot for the election for such office.\n (b) Designation for Candidates Not Declaring Preference.--If a \ncandidate does not declare a political party preference under \nsubsection (a), the designation ``No Party Preference'' shall accompany \nthe candidate's name on the ballot for the election for such office.\n (c) No Party Endorsement Implied.--The selection of a party \npreference by a candidate under subsection (a) shall not constitute or \nimply endorsement of the candidate by the party designated, and no \ncandidate in a general election shall be deemed the official candidate \nof any party by virtue of his or her selection in the primary.\n\nSEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES.\n\n Nothing in this Act shall restrict the right of individuals to join \nor organize into political parties or in any way restrict the right of \nprivate association of political parties. Nothing in this Act shall \nrestrict a party's right to contribute to, endorse, or otherwise \nsupport a candidate for the office of Member of the House of \nRepresentatives. A political party may establish such procedures as it \nsees fit to endorse or support candidates or otherwise participate in \nall elections, and may informally designate candidates for election to \nsuch an office at a party convention or by whatever lawful mechanism \nthe party may choose, other than pursuant to a primary election held by \na State. A political party may also adopt such rules as it sees fit for \nthe selection of party officials (including central committee members, \npresidential electors, and party officers), including rules restricting \nparticipation in elections for party officials to those who disclose a \npreference for that party at the time of registering to vote.\n\nSEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC \n HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.\n\n (a) In General.--For purposes of any law relating to Federal \nemployment, the Tuesday next after the first Monday in November in 2016 \nand each even-numbered year thereafter shall be treated in the same \nmanner as a legal public holiday described in section 6103 of title 5, \nUnited States Code.\n (b) Sense of Congress Regarding Treatment of Day by Private \nEmployers.--It is the sense of Congress that private employers in the \nUnited States should give their employees a day off on the Tuesday next \nafter the first Monday in November in 2016 and each even-numbered year \nthereafter to enable the employees to cast votes in the elections held \non that day.\n\nSEC. 6. STUDY OF NATIONAL STANDARDS AND CRITERIA FOR CONGRESSIONAL \n REDISTRICTING.\n\n (a) Study.--The Comptroller General shall conduct a study of the \nfeasibility and desirability of enacting national standards and \ncriteria for Congressional redistricting.\n (b) Report to Congress.--Not later than 1 year after the date of \nthe enactment of this Act, the Comptroller General shall submit a \nreport to Congress on the study conducted under subsection (a).\n\n\n \n \n----------------------------------------------------------------------------------------------------------------\n7.5.......................................... Before January 1, 1999.\n 7.75........................................ January 1, 1999, to December 31, 1999.\n 7.9......................................... January 1, 2000, to December 31, 2000.\n 7.55........................................ After January 11, 2003.\n----------------------------------------------------------------------------------------------------------------\n\nSEC. 7. MEMBER DEFINED.\n\n In this Act, the term ``Member of the House of Representatives'' \nincluded a Delegate or Resident Commissioner to the Congress.\n\nSEC. 8. EFFECTIVE DATE.\n\n Except as provided in sections 5(a) and 6(b), this Act shall apply \nwith respect to elections occurring during 2016 or any succeeding year.","summary":"Open Our Democracy Act of 2014 - Requires all candidates for election to the House of Representatives to run in a single open primary, regardless of political party preference. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the single open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Requires the Comptroller General (GAO) to study the feasibility and desirability of enacting national standards and criteria for congressional redistricting.","title":"Open Our Democracy Act of 2014","text_len":5981,"sum_len":1009} {"bill_id":"106_s2492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nuclear Weapons Complex Conversion \nAct of 2000''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The Russian nuclear weapons complex is still at its \n Cold War size. Little information about this complex is shared, \n and 10 of its most sensitive cities remain closed. These cities \n house 750,000 people and employ approximately 150,000 people in \n nuclear military facilities. Although the Russian Federation \n Ministry of Atomic Energy has announced the need to \n significantly downsize its workforce, perhaps by as much as 50 \n percent, it has been very slow in accomplishing this goal. \n Information on the extent of any progress is very closely held. \n The major impediments to downsizing have been economic and \n social conditions in Russia.\n (2) The United States, on the other hand, has significantly \n downsized its nuclear weapons complex in an open and \n transparent manner. As a result, an enormous asymmetry now \n exists between the United States and Russia in nuclear weapon \n production capacities and in transparency of such capacities. \n It is in the national security interest of the United States to \n assist the Russian Federation in accomplishing significant \n reductions in its nuclear military complex and in helping it to \n protect its nuclear weapons, nuclear materials, and nuclear \n secrets during such reductions. Such assistance will accomplish \n critical nonproliferation objectives and provide essential \n support towards future arms reduction agreements. Without a \n significant, transparent reduction in nuclear weapons \n production capacity, the Russian Federation's ability to \n quickly reconstitute its arsenal remains inconsistent with \n current and contemplated arms control agreements.\n (3) Several current programs address portions of the \n downsizing and nuclear security concerns. The Nuclear Cities \n Initiative was established to assist Russia in creating job \n opportunities for employees who are not required to support \n realistic Russian nuclear security requirements. Its focus has \n been on creating commercial ventures that can provide self-\n sustaining jobs in three of the closed cities. The current \n scope and funding of the program are not commensurate with the \n scale of the threats to the United States sought to be \n addressed by the program.\n (4) To effectively address threats to United States \n national security interests, progress with respect to the \n nuclear cities must be expanded and accelerated. The Nuclear \n Cities Initiative has laid the groundwork for an immediate \n increase in investment and potential for immediate risk \n reduction in the cities of Sarov, Snezhinsk, and Seversk, which \n house four key Russian nuclear facilities. Furthermore, the \n Nuclear Cities Initiative has made considerable progress with \n the limited funding available. However, to gain sufficient \n advocacy for additional support, the program must demonstrate--\n (A) rapid progress in conversion and restructuring; \n and\n (B) an ability for the United States to track \n progress against verifiable milestones that support a \n Russian nuclear complex consistent with their future \n national security requirements.\n (5) Reductions in the nuclear weapons-grade material stocks \n in the United States and Russia enhance prospects for future \n arms control agreements and reduce concerns that these \n materials could lead to proliferation risks. Confidence in both \n nations will be enhanced by knowledge of the extent of each \n nation's stockpiles of weapons-grade materials. The United \n States already makes this information public.\n (6) Many current programs contribute to the goals stated \n herein. However, the lack of programmatic coordination within \n and among United States Government agencies impedes the \n capability of the United States to make rapid progress. A \n formal single point of coordination is essential to ensure that \n all United States programs directed at cooperative threat \n reduction, nuclear materials reduction and protection, and the \n downsizing, transparency, and nonproliferation of the nuclear \n weapons complex effectively mitigate the risks inherent in the \n Russian Federation's military complex.\n (7) Specialists in the United States and the former Soviet \n Union trained in nonproliferation studies can significantly \n assist in the downsizing process while minimizing the threat \n presented by potential proliferation of weapons materials or \n expertise.\n\nSEC. 3. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.\n\n (a) In General.--The Secretary of Energy shall, in accordance with \nthe provisions of this section, take appropriate actions to expand and \nenhance the activities under the Nuclear Cities Initiative in order \nto--\n (1) assist the Russian Federation in the downsizing of the \n Russian Nuclear Complex; and\n (2) coordinate the downsizing of the Russian Nuclear \n Complex under the Initiative with other United States \n nonproliferation programs.\n (b) Enhanced Use of MINATOM Technology and Research and Development \nServices.--In carrying out actions under this section, the Secretary \nshall facilitate the enhanced use of the technology, and the research \nand development services, of the Russia Ministry of Atomic Energy \n(MINATOM) by--\n (1) fostering the commercialization of peaceful, non-\n threatening advanced technologies of the Ministry through the \n development of projects to commercialize research and \n development services for industry and industrial entities; and\n (2) authorizing the Department of Energy, and encouraging \n other departments and agencies of the United States Government, \n to utilize such research and development services for \n activities appropriate to the mission of the Department, and \n such departments and agencies, including activities relating \n to--\n (A) remediation of the environmental consequences \n of United States nuclear weapons activities and Russian \n nuclear weapons activities;\n (B) nonproliferation (including the detection and \n identification of weapons of mass destruction and \n verification of treaty compliance);\n (C) global energy and environmental matters; and\n (D) basic scientific research.\n (c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out \nactions under this section, the Secretary shall accelerate the Nuclear \nCities Initiative by implementing, as soon as practicable after the \ndate of the enactment of this Act, programs at the nuclear cities \nreferred to in paragraph (2) in order to convert significant portions \nof the activities carried out at such nuclear cities from military \nactivities to civilian activities.\n (2) The nuclear cities referred to in this paragraph are the \nfollowing:\n (A) Zarechnyy (Penza-19).\n (B) Sarov (Arzamas-16 and Avangard).\n (C) Snezhinsk (Chelyabinsk-70).\n (D) Seversk (Tomsk-7).\n (3) Before implementing a program under paragraph (1), the \nSecretary shall establish appropriate, measurable milestones for the \nfirst year of the program.\n (d) Plan for Restructuring the Russian Nuclear Complex.--(1) The \nPresident, acting through the Secretary of Energy, is urged to enter \ninto negotiations with the Russian Federation for purposes of the \ndevelopment by the Russian Federation of a plan to restructure the \nRussian Nuclear Complex in order to meet changes in the national \nsecurity requirements of Russia by 2010.\n (2) The plan under paragraph (1) should include the following:\n (A) Mechanisms to achieve a nuclear weapons production \n capacity in Russia that is consistent with the obligations of \n Russia under current and future arms control agreements.\n (B) Mechanisms to increase transparency regarding nuclear \n weapons production processes and nuclear materials inventories \n in Russia to the levels of transparency for such matters in the \n United States, including the participation of Department of \n Energy officials with expertise in transparency of such \n matters.\n (C) Measurable milestones that will permit the United \n States and the Russian Federation to monitor progress under the \n plan.\n (e) Encouragement of Careers in Nonproliferation.--(1) In carrying \nout actions under this section, the Secretary shall carry out a program \nto encourage students in the United States and in the Russian \nFederation to pursue a career in an area relating to nonproliferation.\n (2) Of the amounts available under subsection (f), $2,000,000 shall \nbe available for purposes of the program required under paragraph (1).\n (f) Funding for Fiscal Year 2001.--There is hereby authorized to be \nappropriated for the Department of Energy for fiscal year 2001, \n$50,000,000 for purposes of the Nuclear Cities Initiative, including \nactivities under this section.\n (g) Sense of Congress Regarding Funding for Fiscal Years After \nFiscal Year 2001.--It is the sense of Congress that the availability of \nfunds for the Nuclear Cities Initiative in fiscal years after fiscal \nyear 2001 should be contingent upon--\n (1) demonstrable progress in the programs carried out under \n subsection (c), as determined utilizing the milestones required \n under paragraph (3) of that subsection; and\n (2) the development and implementation of the plan required \n by subsection (d).\n\nSEC. 4. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL \n COORDINATOR FOR NONPROLIFERATION MATTERS.\n\n It is the sense of Congress that--\n (1) there should be a National Coordinator for \n Nonproliferation Matters to coordinate--\n (A) the Nuclear Cities Initiative;\n (B) the Initiatives for Proliferation Prevention \n program;\n (C) the Cooperative Threat Reduction programs;\n (D) the materials protection, control, and \n accounting programs; and\n (E) the International Science and Technology \n Center; and\n (2) the position of National Coordinator for \n Nonproliferation Matters should be similar, regarding \n nonproliferation matters, to the position filled by designation \n of the President under section 1441(a) of the Defense Against \n Weapons of Mass Destruction Act of 1996 (title XIV of Public \n Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).\n\nSEC. 5. DEFINITIONS.\n\n In this Act:\n (1) Nuclear city.--The term ``nuclear city'' means any of \n the closed nuclear cities within the complex of the Russia \n Ministry of Atomic Energy (MINATOM) as follows:\n (A) Sarov (Arzamas-16 and Avangard).\n (B) Zarechnyy (Penza-19).\n (C) Novoural'sk (Sverdlovsk-44).\n (D) Lesnoy (Sverdlovsk-45).\n (E) Ozersk (Chelyabinsk-65).\n (F) Snezhinsk (Chelyabinsk-70).\n (G) Trechgornyy (Zlatoust-36).\n (H) Seversk (Tomsk-7).\n (I) Zhelenznogorsk (Krasnoyarsk-26).\n (I) Zelenogorsk (Krasnoyarsk-45).\n (2) Russian nuclear complex.--The term ``Russian Nuclear \n Complex'' refers to all of the nuclear cities.","summary":"Urges the President to enter into negotiations with the Russian Federation for the Federation's development of a plan to restructure its nuclear complex in order to meet changes in Russian nuclear security requirements by 2010. Directs the Secretary to carry out a program to encourage students in the United States and the Russian Federation to pursue careers in nonproliferation. Authorizes appropriations. Expresses the sense of Congress that availability of Initiative funds after FY 2001 should be contingent upon: (1) demonstrable progress in enhancing and accelerating Initiative activities. And (2) the development and implementation of Russia's nuclear restructuring plan. Expresses the sense of Congress that: (1) there should be a National Coordinator for Nonproliferation Matters to coordinate various Federal nonproliferation programs, including the Initiative. And (2) such Coordinator position should be similar to the Coordinator position filled by the President under the Defense Against Weapons of Mass Destruction Act of 1996.","title":"Nuclear Weapons Complex Conversion Act of 2000","text_len":12308,"sum_len":1045} {"bill_id":"105_hr551","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Safe Highways and Infrastructure \nPreservation Act of 1997''.\n\nSEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.\n\n (a) Prohibition on Operation of Certain Cargo-Carrying Units.--\nSection 411 of the Surface Transportation Assistance Act of 1982 (49 \nU.S.C. App. 2311) is amended--\n (1) by striking the section heading and all that follows \n through ``(a) Except'' and inserting the following:\n\n``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.\n\n ``(a) State Requirements.--\n ``(1) In general.--Except'';\n (2) by moving the remaining portion of paragraph (1) of \n subsection (a), as designated by paragraph (1) of this \n subsection, 2 ems to the right; and\n (3) by adding at the end of subsection (a) the following:\n ``(2) Prohibition on operation of certain cargo-carrying \n units.--\n ``(A) General rule.--No State shall register for \n operation on any segment of the Interstate System and \n those classes of qualifying National Highway System \n highways as designated by the Secretary any trailer, \n semi-trailer, container, or other cargo-carrying unit \n that is longer than 53 feet, except as provided by \n subparagraph (B).\n ``(B) Exceptions.--The following shall not be \n subject to the requirement of subparagraph (A):\n ``(i) Any trailer, semi-trailer, container, \n or other cargo carrying unit that is \n manufactured before the expiration of the 1-\n year period beginning on the date of the \n enactment of this paragraph.\n ``(ii) Any trailer, semi-trailer, \n container, or other cargo-carrying unit that is \n used exclusively for fire-fighting.\n ``(C) Limitation on statutory construction.--Nothing in \n this paragraph shall be construed to affect the laws of any \n State applicable to any trailer, semi-trailer, container, or \n other cargo-carrying unit that is less than 53 feet in \n length.''.\n (b) Repeal.--The 3d sentence of section 411(b) of such Act is \nrepealed.\n (c) Conforming Amendments.--Section 411 of such Act is amended--\n (1) by striking ``subsection (a) of this section'' each \n place it appears and inserting ``subsection (a)(1) of this \n section''; and\n (2) in subsection (d) by striking ``subsections (a)'' and \n inserting ``subsections (a)(1)''.\n (d) Enforcement.--The 2d sentence of section 141(b) of title 23, \nUnited States Code, is amended--\n (1) by striking ``section 411(j)'' and inserting \n ``subsections (a)(2) and (j) of section 411''; and\n (2) by striking ``2311(j)'' and inserting ``2311''.\n\nSEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.\n\n (a) In General.--Section 127 of title 23, United States Code, is \namended by adding at the end the following:\n ``(h) Grandfather Rights.--\n ``(1) General rule.--No State shall allow the operation of \n any vehicle or combination (other than longer combination \n vehicles) not in conformance with the Interstate weight limits, \n unless such operation is on the list published pursuant to \n paragraph (2).\n ``(2) List of vehicles or combinations.--\n ``(A) Proceeding.--Not later than 60 days after the \n date of the enactment of this subsection, the Secretary \n shall initiate a proceeding to determine and publish a \n list of vehicles or combinations (other than longer \n combination vehicles), otherwise not in conformance \n with the Interstate weight limits, that the Department \n of Transportation or any other Federal agency or a \n State has determined before January 1, 1997, could be \n lawfully operated within such State on July 1, 1956 \n (except in the case of the overall gross weight of any \n group of 2 or more consecutive axles, on the date of \n the enactment of the Federal-Aid Highway Amendments of \n 1974).\n ``(B) Limitation.--No operation of any vehicle or \n combination (other than a longer combination vehicle) \n shall be included on the list published pursuant to \n subparagraph (A) on the basis that a State law or \n regulation could have authorized such operation at some \n prior date by permit or otherwise.\n ``(C) Publication of final list.--Not later than \n 270 days after the date of the enactment of this \n subsection, the Secretary shall publish a final list of \n vehicles or combinations described in subparagraph (A).\n ``(3) Limitation on statutory construction.--Nothing in \n this subsection shall be construed to prevent a State from \n reducing the State's gross vehicle weight limitation or the \n State's single or tandem axle weight limitations on the \n Interstate System for operations on the list published pursuant \n to paragraph (2) but in no event shall any such reduction fall \n below weight limits referred to in subsection (a).\n ``(4) Applicability of existing requirements.--All vehicles \n or combinations included on the list published pursuant to \n paragraph (2) shall be subject to all routing-specific, \n commodity-specific, and weight-specific designations in force \n in a State before January 1, 1997.''.\n (b) Conforming Amendment.--The 4th sentence of section 127(a) of \nsuch title is amended by striking ``the State determines''.\n\nSEC. 4. NONDIVISIBLE LOAD PROCEEDING.\n\n Section 127 of title 23, United States Code, is further amended by \nadding at the end the following:\n ``(i) Nondivisible Loads.--\n ``(1) Proceeding.--Not later than 60 days after the date of \n the enactment of this subsection, the Secretary shall initiate \n a proceeding to determine the meaning of the term `vehicles and \n loads which cannot be easily dismantled or divided' as used in \n subsection (a), including a commodity-specific definition of \n such term.\n ``(2) Regulations.--Not later than 270 days after the date \n of the enactment of this subsection, the Secretary shall issue \n final regulations setting forth the determination of the \n Secretary made pursuant to subparagraph (A). Such regulations \n shall apply to all loads operating on the National Highway \n System. A State may establish other requirements not \n inconsistent with such regulations.\n ``(j) Statement of Policy.--The policy of this title is to promote \nconformity with the Interstate weight limits for the benefit and safety \nof all motorists.\n ``(k) Interstate Weight Limits Defined.--For purposes of \nsubsections (h), (i), and (j), the term `Interstate weight limits' \nmeans the 80,000 pound gross vehicle weight limitation, the 20,000 \npound single axle weight limitation (including enforcement tolerances), \nthe 34,000 pound tandem axle weight limitation (including enforcement \ntolerances), and the overall maximum gross weight (including \nenforcement tolerances) on a group of 2 or more consecutive axles \nproduced by application of the Bridge Formula B in subsection (a).''.\n\nSEC. 5. WEIGHT LIMITATIONS.\n\n (a) In General.--Title 23, United States Code, is amended by \ninserting after section 127 the following:\n``Sec. 127a. Gross vehicle weight and axle loading limitations on non-\n Interstate highways on the National Highway System\n ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight \nlimitations and axle loading limitations applicable to all vehicles and \ncombinations on any non-Interstate highway on the National Highway \nSystem in existence on the date of the enactment of this section, shall \nbe the gross vehicle weight and axle loading limitations (including \nenforcement tolerances) set by State statute as of January 1, 1997, on \nthe non-Interstate highway on the National Highway System in the State \nin which such non-Interstate highway is located, except as provided by \nsubsection (c). The gross vehicle weight limitations and axle loading \nlimitations applicable to all vehicles and combinations on any segment \nof any non-Interstate highway on the National Highway System not in \nexistence on the date of the enactment of this section, shall be the \nInterstate weight limits.\n ``(b) Proceeding To Publish List of State Limitations.--The \nSecretary shall initiate a proceeding to determine and publish a list \nof the States' gross vehicle weight limitations and axle loading \nlimitations as of January 1, 1997, applicable to non-Interstate \nhighways on the National Highway System. The Secretary shall publish a \nfinal list not later than 180 days after the date of the enactment of \nthis section.\n ``(c) Proceeding To Publish List of Nonconforming Operations.--The \nSecretary shall initiate a proceeding to determine and publish a list \nof operations not in conformance with State gross vehicle weight \nlimitations and axle loading limitations applicable to all vehicles and \ncombinations on any non-Interstate highways on the National Highway \nSystem in existence on the date of the enactment of this section, of \nsuch State before January 1, 1997, and which were in actual and lawful \noperation on a regular or periodic basis (including seasonal \noperations) before January 1, 1997. The Secretary shall publish a final \nlist of such operations not later than 180 days after the date of the \nenactment of this section. No operation of any vehicle or combination \nshall be on the Secretary's list on the basis that a State law or \nregulation could have authorized such operations at some prior date, by \npermit or otherwise.\n ``(d) Applicability of Existing Requirements.--All vehicles or \ncombinations included on the Secretary's list provided for in \nsubsection (c) shall be subject to all routing-specific, commodity-\nspecific, and weight-specific designations in force in a State on \nDecember 31, 1996.\n ``(e) Applicability.--The limitations established by subsection (a) \nshall apply to any new designations made to the National Highway System \nand remain in effect on those non-Interstate highways that cease to be \ndesignated as part of the National Highway System.\n ``(f) Limitation on Statutory Construction.--Nothing in this \nsection shall be construed to prevent any State from reducing the \nState's gross vehicle weight limitation or the State's single or tandem \naxle weight limitations on any existing non-Interstate highway on the \nNational Highway System.\n ``(g) Interstate Weight Limits Defined.--For purposes of this \nsection, the term `Interstate weight limits' means the 80,000 pound \ngross vehicle weight limitation, the 20,000 pound single axle weight \nlimitation (including enforcement tolerances), and the 34,000 pound \ntandem axle weight limitation (including enforcement tolerances).''.\n (b) Enforcement of Requirements.--Section 141(a) of such title is \namended by striking ``section 127(d)'' and inserting ``sections 127 and \n127a''.\n (c) Conforming Chapter Analysis Amendment.--The analysis for \nchapter 1 of such title is amended by inserting after the item relating \nto section 127 the following:\n\n``127a. Gross vehicle weight and axle loading limitations on non-\n Interstate highways on the National Highway \n System.''.","summary":"Safe Highways and Infrastructure Preservation Act of 1997 - Amends the Surface Transportation Assistance Act of 1982 to revise length limitations on federally-assisted highways to prohibit States from allowing the operation on highways of the Interstate System and the National Highway System of any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, with specified exceptions. Amends Federal highway law to terminate all current State (grandfathered) exceptions to Interstate vehicle weight limits, unless the vehicle or combination involved is on a list of vehicles and combinations which could be lawfully operated in the State on July 1, 1956. Directs the Secretary of Transportation to issue regulations, in order to promote conformity with Interstate weight limits for the safety of all motorists, defining the term vehicles and loads which cannot be easily dismantled or divided , which shall apply to all loads operating on the National Highway System. Sets forth gross vehicle weight and axle loading limits on non-Interstate highways on the National Highway System.","title":"Safe Highways and Infrastructure Preservation Act of 1997","text_len":12025,"sum_len":1116} {"bill_id":"110_hr6416","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Just and Lasting Peace in Sudan Act \nof 2008''.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means the Committee on \n Foreign Affairs of the House of Representatives and the \n Committee on Foreign Relations of the Senate.\n (2) Government of sudan.--The term ``Government of Sudan'' \n means Sudan's Government of National Unity. Such term does not \n include the Government of Southern Sudan (GOSS).\n (3) SPLM.--The term ``SPLM'' means the Sudan People's \n Liberation Movement.\n\nSEC. 3. FINDINGS.\n\n Congress finds the following:\n (1) The United States Government rightfully declared the \n atrocities in the Darfur region of Sudan to be genocide. More \n than 450,000 people have been killed and an estimated 2,500,000 \n people have been displaced since the crisis erupted in 2003.\n (2) The Government of Sudan continues to commit atrocities \n against innocent civilians in Darfur. According to a March 25, \n 2008, report by the United Nations Secretary-General, \n ``increased hostilities in Western Darfur over the reporting \n period have led to significant displacement and loss of \n civilian life, while also inhibiting humanitarian access to \n civilian populations affected by the fighting''.\n (3) In October 2007, the Government of Southern Sudan \n suspended the participation of its ministers, state ministers, \n and presidential advisors from Sudan's Government of National \n Unity to protest measures taken by the National Congress Party \n and to demand full implementation of the Comprehensive Peace \n Agreement (CPA).\n (4) Implementation of the CPA by the Government of National \n Unity has been selective and at times deliberately slow. The \n Government of Sudan has not yet implemented the Abyei Boundary \n Commission (ABC) recommendations. The ABC was mandated to \n ``define and demarcate'' the area known as the 9 Ngok Dinka \n Chiefdoms transferred in 1905 to Kordofan in North Sudan.\n (5) The ABC was chaired by former United States Ambassador \n to Sudan Donald Peterson, with active international engagement. \n In July 2005, the ABC submitted its final report to the Sudan's \n presidency. According to the CPA, ``upon presentation of the \n final report, the Presidency shall take necessary action to put \n the special administration status of Abyei Area into immediate \n effect''.\n (6) According to a September 2007 report by the United \n Nations Secretary-General, the lack of administration in Abyei \n has hampered CPA activities and left gaps in policing, public \n sanitation, and health services. Continued intransigence on \n this issue is likely to lead to war.\n (7) The Government of Sudan is well known to signing peace \n agreements and make commitments but has consistently failed to \n honor these agreements.\n (8) Efforts to hold individuals accountable for the \n genocide in Darfur have not been successful in large part \n because the Government of Sudan refuses to cooperate with the \n International Criminal Court (ICC) and protects indicted \n individuals by the ICC.\n (9) In April 2008, Special Envoy Richard Williamson and a \n Government of Sudan delegation led by Nafi Ali Nafi, a man \n responsible for many of Sudan's international terror links and \n domestic atrocities, met in Rome to discuss normalization of \n relations between Sudan and the United States.\n (10) Nafi Ali Nafi was the security chief when Sudan gave \n safe haven to Osama bin Laden in the 1990s, a period when Bin \n Laden began to build his terror network. Nafi was also a key \n player in support of Gama'a Islamia, a group that tried to \n assassinate Egyptian President Hosni Mubarak. The weapons used \n in the assassination attempt were reportedly flown by Sudan \n Airways, and after the failed attempt, one of the assassins was \n flown to Sudan on Sudan Airways.\n\nSEC. 4. CODIFICATION OF EXISTING SANCTIONS IN SUPPORT OF A JUST AND \n LASTING PEACE IN SUDAN.\n\n (a) In General.--Sanctions against the Government of Sudan that \nwere imposed pursuant to any provision of law, as in effect on the date \nof the enactment of this Act, including sanctions against the \nGovernment of Sudan that were imposed pursuant to any executive order \nor other administrative action, shall remain in effect against the \nGovernment of Sudan and shall not be lifted pursuant to such provisions \nof law until the President certifies to the appropriate congressional \ncommittees that the Government of Sudan has met the conditions \ndescribed in subsection (b) for a period of not less than one year.\n (b) Conditions Described.--The conditions referred to in subsection \n(a) are the following:\n (1) The Government of Sudan fully implements the \n Comprehensive Peace Agreement (CPA) and the Darfur Peace \n Agreement (DPA).\n (2) The Abyei Boundary Commission (ABC) recommendations are \n implemented and oil revenue shares are paid retroactively.\n (3) The Government of Sudan hands over to the International \n Criminal Court (ICC) all indicted individuals without any \n delay.\n (4) The Government of Sudan ends its atrocities against \n innocent civilians in Darfur and other parts of Sudan.\n (5) The Government of Sudan allows the deployment of the \n United Nations African Union Mission in Darfur (UNAMID) forces \n and allows unhindered access to humanitarian workers.\n (6) The Government of Sudan ends its ties with known \n terrorist organizations and individuals.\n (7) Senior officials in the Government of Sudan are held \n accountable for crimes committed in the Nuba, South Sudan, \n Southern Blue Nile, and Eastern Sudan.\n (8) Senior officials in the Government of Sudan are held \n accountable for their support for Osama bin Laden and other \n terrorist groups.\n (c) Monitoring Mechanism.--The President of the United States shall \nestablish a mechanism to monitor and ensure that the Government of \nSudan is meeting the conditions described in subsection (b).\n (d) Sense of Congress.--It is the sense of Congress that the United \nStates Government should not normalize relations with the Government of \nSudan until the conditions described in subsection (b) have been \nimplemented for a period of not less than one year as described in \nsubsection (a).","summary":"Just and Lasting Peace in Sudan Act of 2008 - Prohibits sanctions imposed against the government of Sudan from being lifted until the President certifies to the appropriate congressional committees that the following conditions have been met for at least one year: (1) the government of Sudan (government) implements the Comprehensive Peace Agreement and the Darfur Peace Agreement. (2) the Abyei Boundary Commission recommendations are implemented and oil revenue shares are paid retroactively. (3) the government hands over to the International Criminal Court (ICC) all indicted individuals. (4) the government ends its atrocities against innocent civilians in Darfur and other parts of Sudan. (5) the government allows the deployment of United Nations African Union Mission in Darfur forces and allows unhindered access to humanitarian workers, (6) the government ends its terrorist ties. And (7) senior government officials are held accountable for crimes committed in the Nuba, South Sudan, Southern Blue Nile, and Eastern Sudan, and for their support for Osama bin Laden and other terrorist groups. Expresses the sense of Congress that the US government should not normalize relations with Sudan until such conditions have been implemented for at least one year.","title":"To codify existing sanctions against the Government of Sudan until the Government of Sudan meets certain conditions relating to a just and lasting peace in Sudan.","text_len":7009,"sum_len":1268} {"bill_id":"109_hr650","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Vaccine Accessibility for Children \nand Seniors Act of 2005'' or the ``VACS Act of 2005''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n (a) Findings.--The Congress finds as follows:\n (1) Vaccines represent one of the most significant public \n health advances in history. They have saved millions of lives \n and prevented millions of disabilities.\n (2) Vaccines are now available for preventing once common \n childhood diseases, such as polio, chicken pox, and measles, \n and for preventing diseases responsible for high rates of \n sickness and death among adults, including influenza, \n pneumonia, and hepatitis.\n (3) Vaccines reduce future medical costs and prevent the \n need for more expensive drugs. Vaccines not only provide a \n health benefit to the individual receiving the vaccine, they \n benefit others in the community by reducing their chances of \n exposure to a disease.\n (4) The threat of litigation, coupled with the high cost of \n manufacturing a vaccine, has forced many manufacturers to limit \n or cease production of life-saving vaccines.\n (5) In 1967, there were 26 companies in the United States \n making these vital vaccines. A litigation crisis in the 1980's \n drove many companies away from the vaccine business. Today, \n there are only 4 companies that make the vast majority of \n vaccines used in the United States, making the system fragile \n and limiting access to vaccines.\n (6) In October 2004, the Secretary of Health and Human \n Services announced a flu vaccine shortage in the United States. \n The Secretary indicated that the souring of the vaccine \n manufacturing marketplace was due, in part, to ``costly \n liability lawsuits''.\n (7) The Congress intervened in 1986 by creating a no-fault \n compensation system called the National Vaccine Injury \n Compensation Program, which was intended to lower the legal \n risk to vaccine manufacturers, encourage a stable supply of \n vaccine, and ensure that injured patients are rapidly and \n appropriately compensated.\n (8) Under the National Vaccine Injury Compensation Program, \n individuals who believe they have been injured by a vaccine may \n file a claim in the United States Court of Federal Claims. If \n found eligible, they can receive unlimited economic damages for \n medical expenses, rehabilitation expenses, and lost earnings, \n as well as pain and suffering damages subject to a $250,000 \n cap. Over 1,800 claims have been paid totaling over \n $1,500,000,000 for vaccine-related injuries and complications \n under the National Vaccine Injury Compensation Program, with \n many awards amounting to more than $1,000,000 each, and some as \n high as $7,500,000.\n (9) Notwithstanding the intent of the National Vaccine \n Injury Compensation Program, vaccine companies still face \n significant and expensive litigation exposure, in part, \n because--\n (A) the National Vaccine Injury Compensation \n Program allows all individuals to ``opt out'' of this \n system and pursue individual and class action lawsuits \n in State and Federal courts;\n (B) trial attorneys continually seek to bypass the \n the Program and elect to go to trial by alleging that a \n particular vaccine is not covered under the Program, or \n that the Program does not apply to certain \n preservatives, components, or ingredients of any such \n vaccine; and\n (C) the Program does not preclude an individual who \n is otherwise ineligible to file a claim under the \n Program (such as family members of injured individuals) \n from pursuing civil litigation.\n (10) To ensure that litigation involving federally approved \n vaccines is based on valid scientific evidence and does not \n undermine the Federal public health policy of creating and \n developing life saving vaccines, it is imperative that any \n litigation involving vaccines, and related preservatives, \n ingredients, and components, that takes place outside of the \n National Vaccine Injury Compensation Program shall take place \n exclusively in the district courts of the United States, where \n all procedures and expert testimony shall be subject to the \n rules and requirements set forth by the United States Supreme \n Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. \n 579, 113 S.Ct. 2786 (1993).\n (11) To ensure that injured patients with legitimate claims \n are more rapidly and fairly compensated by the National Vaccine \n Injury Compensation Program in a less adversarial manner so as \n to avoid the need for traditional civil litigation, it is \n imperative that the Secretary of Health and Human Services and \n the Attorney General of the United States, in consultation with \n the Advisory Commission on Childhood Vaccines, jointly study \n and submit a report to the Congress within one year regarding \n their recommendations.\n (b) Purposes.--The purposes of this Act are to--\n (1) establish reasonable legal reforms that will facilitate \n the manufacture of vital, life-saving vaccines;\n (2) establish certain legal rules and procedures to better \n assure that litigation involving federally approved vaccines is \n based on valid scientific evidence;\n (3) discourage frivolous litigation; and\n (4) ensure that injured patients are rapidly and fairly \n compensated in the appropriate forum.\n\nSEC. 3. FEDERAL COURT REMEDY.\n\n Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22) \nis amended by striking subsection (a) and inserting the following:\n ``(a) Federal Cause of Action.--\n ``(1) In general.--There shall exist a Federal cause of \n action for claims arising from a vaccine-related injury or \n death associated with the administration of a vaccine after \n October 1, 1988. The substantive law for decision in any such \n action shall be derived from this section and, unless \n inconsistent with or preempted by Federal law, from the law, \n including choice of law principles, of the State in which such \n vaccine was administered. Except for a proceeding for \n compensation under the National Vaccine Injury Compensation \n Program, the cause of action established by this paragraph \n shall constitute the exclusive cause of action or remedy for \n any vaccine-related injury or death associated with the \n administration of a vaccine after October 1, 1988, including \n any related injury or loss sustained by any person (including \n any relative or other third party).\n ``(2) Jurisdiction.--Except for a proceeding in the United \n States Court of Federal Claims pursuant to section 2112, the \n district courts of the United States shall have original and \n exclusive jurisdiction over all actions for damages arising \n from a vaccine-related injury or death associated with the \n administration of a vaccine after October 1, 1988, including \n any related injury or loss sustained by any person (including \n any relative or other third party). If any civil action subject \n to this section is brought or is pending in a State court, and \n the action is not dismissed by the State court, the action may \n be removed at any time before final judgment by any defendant \n to the district court of the United States for the district and \n division embracing the place where such action is pending. An \n order remanding an action removed pursuant to this subsection \n is an appealable order. Except as provided herein, the removal \n of any such action shall proceed in accordance with sections \n 1446 through 1451 of title 28, United States Code.\n ``(3) State actions.--All State causes of action for \n damages arising from, or equitable relief relating to, a \n vaccine-related injury or death associated with a vaccine \n administered after October 1, 1988, including for any related \n injury or loss sustained by any person (including any relative \n or other third party) are hereby preempted.\n ``(4) Vaccine defined.--For purposes of this section, the \n term `vaccine' includes any preservative, ingredient, or \n component of a vaccine.''.\n\nSEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR \n SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 \n VIOLATIONS.\n\n (a) Mandatory Suspension.--Whenever a district court of the United \nStates in connection with an action for damages arising from a vaccine-\nrelated injury or death associated with a vaccine administered after \nOctober 1, 1988 (in this section referred to as a ``vaccine suit''), \ndetermines that an attorney has violated Rule 11 of the Federal Rules \nof Civil Procedure, the court shall determine the number of times that \nthe attorney has violated that rule in connection with a vaccine suit \nin that district court during that attorney's career. If the court \ndetermines that the number is 3 or more, the district court of the \nUnited States--\n (1) shall suspend that attorney from the practice of law in \n that district court for 1 year; and\n (2) may suspend that attorney from the practice of law in \n that district court for any additional period that the court \n considers appropriate.\n (b) Appeal; Stay.--An attorney has the right to appeal a suspension \nunder subsection (a). While such an appeal is pending, the suspension \nshall be stayed.\n (c) Reinstatement.--To be reinstated to the practice of law in a \ndistrict court of the United States after completion of a suspension \nunder subsection (a), the attorney must first petition the court for \nreinstatement under such procedures and conditions as the court may \nprescribe.\n\nSEC. 5. TRIAL PROCEDURE.\n\n (a) In General.--Section 2123 of the Public Health Service Act (42 \nU.S.C. 300aa-23) is amended--\n (1) in subsection (a)--\n (A) by striking ``three'' and inserting ``four''; \n and\n (B) by inserting ``, including any related injury \n or loss sustained by any person (including any relative \n or other third party),'' after ``the effective date of \n this part'';\n (2) by redesignating subsections (b), (c), (d) and (e) as \n subsections (c), (d), (e) and (f);\n (3) by inserting after subsection (a) the following:\n ``(b) Causation in Fact.--The first stage of such civil action \nshall be held to determine whether competent and reliable scientific \nevidence demonstrates that the plaintiff's alleged vaccine-related \ninjury or death was caused in fact by the vaccine.'';\n (4) in subsection (c) (as so redesignated), by striking \n ``The first'' and inserting ``If the trier of fact finds that \n the alleged vaccine-related injury or death was caused in fact \n by the vaccine, a second'';\n (5) in subsection (d) (as so redesignated), by striking \n ``second'' and inserting ``third''; and\n (6) in subsection (e) (as so redesignated), by striking \n ``third'' and inserting ``fourth''.\n (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2) \nof the Public Health Service Act (42 U.S.C. 300aa-22) is amended by \nstriking ``2123(d)(2)'' and inserting ``2123(e)(2)''.\n\nSEC. 6. TRANSITION RULES.\n\n (a) Notice.--If on the date of the enactment of this Act, any State \nlaw claim for damages arising from, or equitable relief relating to, a \nvaccine-related injury or death associated with a vaccine administered \nafter October 1, 1988, including any related injury or loss sustained \nby any person (including any relative or other third party), is pending \nin any State or Federal court prior to the entry of final judgment, the \nplaintiff may, within 30 days of such date of enactment, file a notice \nwith the court in which the claim is pending electing to treat the \nState law claim as a Federal law claim arising under section 2122 of \nthe Public Health Service Act, as amended by section 3, and subject to \nthe amendments made by this Act.\n (b) Failure to File Notice.--If no notice is filed for a claim \ndescribed in subsection (a) within the 30-day period described in such \nsubsection, and the claim is pending in State court, the claim shall be \ndismissed with prejudice.\n (c) Notice Filed.--If a notice is filed for a claim described in \nsubsection (a) within such 30-day period described in such subsection, \nand the claim is pending in State court prior to the entry of final \njudgment, any plaintiff or defendant may remove the action to the \ndistrict court of the United States for the district and division \nembracing the place where such action is pending by filing a notice of \nremoval signed pursuant to Rule 11 of the Federal Rules of Civil \nProcedure and containing a short and plain statement of the grounds for \nremoval, together with a copy of all process, pleadings, and orders \nserved or previously filed in such action. Promptly after the filing of \nsuch notice of removal, the removing party shall give written notice \nthereof to all other parties and shall file a copy of the notice with \nthe clerk of such State court, which shall effect the removal, and the \nState court shall proceed no further unless the case is remanded. An \norder remanding an action removed pursuant to this subsection is an \nappealable order. Except as provided herein, the removal of any such \naction shall proceed in accordance with sections 1446 through 1451 of \ntitle 28, United States Code. If a case is not properly removed within \n40 days of the date of the enactment of this Act, any claim subject to \nsubsection (a) that remains pending in State court or that is remanded \nto State court shall be promptly dismissed with prejudice.\n\nSEC. 7. STUDY AND REPORT.\n\n (a) Findings.--The Congress finds as follows:\n (1) The Congress intended the National Vaccine Injury \n Compensation Program to be a flexible, no-fault, less \n adversarial system to handle claims in a quick, easy, and \n generous manner so as to avoid the need the for civil \n litigation, and to avoid the rancor and substantial delays \n often associated with traditional litigation.\n (2) Although the National Vaccine Injury Compensation \n Program maintains it has an excellent record of promptly and \n appropriately compensating valid claims, recent reports of some \n individuals seeking compensation under the Program allege that \n some legitimate claims have taken 5 to 10 years to resolve, the \n process has become more adversarial, the Program has made \n claims harder to prove, and the process has drifted toward \n full-blown litigation and away from Congress' intent as a \n positive alternative to tort litigation.\n (b) Study.--After considering the findings in subsection (a), and \nafter consulting with the Advisory Commission on Childhood Vaccines, \nthe Secretary of Health and Human Services and the Attorney General of \nthe United States shall, not later than 1 year after the date of the \nenactment of this Act, jointly submit a report to the appropriate \ncommittees of the Congress concerning their recommendations to ensure \nthat injured patients with legitimate claims are rapidly and \nappropriately compensated in a less adversarial manner.","summary":"Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program . Preempts all State actions for damages arising from such an injury or death. Defines vaccine to include any preservative, ingredient, or component of a vaccine. Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate. Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine. Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases. Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.","title":"To establish reasonable legal reforms that will facilitate the manufacture of vital, life-saving vaccines, and for other purposes.","text_len":16314,"sum_len":1570} {"bill_id":"110_hr913","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hurricane and Tornado Mitigation \nInvestment Act of 2007''.\n\nSEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO \n MITIGATION PROPERTY.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25D the following new section:\n\n``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY.\n\n ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to 25 percent of the qualified \nhurricane and tornado mitigation property expenditures made by the \ntaxpayer during such taxable year.\n ``(b) Maximum Credit.--The credit allowed under subsection (a) for \nany taxable year shall not exceed $5,000.\n ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For \npurposes of this section--\n ``(1) In general.--The term `qualified hurricane and \n tornado mitigation property expenditure' means an expenditure \n for property--\n ``(A) to improve the strength of a roof deck \n attachment,\n ``(B) to create a secondary water barrier to \n prevent water intrusion,\n ``(C) to improve the durability of a roof covering,\n ``(D) to brace gable-end walls,\n ``(E) to reinforce the connection between a roof \n and supporting wall,\n ``(F) to protect openings from penetration by \n windborne debris, or\n ``(G) to protect exterior doors and garages,\n in a qualified dwelling unit located in a qualified State and \n owned by the taxpayer.\n ``(2) Qualified dwelling unit.--The term `qualified \n dwelling unit' means a dwelling unit that is assessed at a \n value that is less than $1,000,000 by the locality in which \n such dwelling unit is located and with respect to the taxable \n year for which the credit described in subsection (a) is \n allowed.\n ``(3) Qualified state.--The term `qualified State' means \n Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, \n Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, \n Louisiana, Maine, Maryland, Massachusetts, Minnesota, \n Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New \n York, North Carolina, Ohio, Pennsylvania, Rhode Island, South \n Carolina, South Dakota, Tennessee, Texas, or Virginia.\n ``(d) Limitation.--An expenditure shall be taken into account in \ndetermining the qualified hurricane and tornado mitigation property \nexpenditures made by the taxpayer during the taxable year only if the \nonsite preparation, assembly, or original installation of the property \nwith respect to which such expenditure is made has been completed in a \nmanner that is deemed to be adequate by a State-certified inspector.\n ``(e) Labor Costs.--For purposes of this section, expenditures for \nlabor costs properly allocable to the onsite preparation, assembly, or \noriginal installation of the property described in subsection (c) shall \nbe taken into account in determining the qualified hurricane and \ntornado mitigation property expenditures made by the taxpayer during \nthe taxable year.\n ``(f) Inspection Costs.--For purposes of this section, expenditures \nfor inspection costs properly allocable to the inspection of the \npreparation, assembly, or installation of the property described in \nsubsection (c) shall be taken into account in determining the qualified \nhurricane and tornado mitigation property expenditures made by the \ntaxpayer during the taxable year.''.\n (b) Conforming Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25D the following new \nitem:\n\n``Sec. 25E. Hurricane and tornado mitigation property.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. BUSINESS RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 45N the following new section:\n\n``SEC. 45O. HURRICANE AND TORNADO MITIGATION CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, the hurricane and \ntornado mitigation credit determined under this section for any taxable \nyear is an amount equal to 25 percent of the qualified hurricane and \ntornado mitigation property expenditures made by the taxpayer during \nthe taxable year.\n ``(b) Maximum Credit.--The amount of the credit determined under \nsubsection (a) for any taxable year shall not exceed $5,000.\n ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For \npurposes of this section--\n ``(1) In general.--The term `qualified hurricane and \n tornado mitigation property expenditure' means an expenditure \n for property--\n ``(A) to improve the strength of a roof deck \n attachment,\n ``(B) to create a secondary water barrier to \n prevent water intrusion,\n ``(C) to improve the durability of a roof covering,\n ``(D) to brace gable-end walls,\n ``(E) to reinforce the connection between a roof \n and supporting wall,\n ``(F) to protect openings from penetration by \n windborne debris, or\n ``(G) to protect exterior doors and garages,\n in a qualified place of business located in a qualified State \n and owned by the taxpayer.\n ``(2) Qualified place of business.--The term `qualified \n place of business' means a place of business that is assessed \n at a value that is less than $5,000,000 by the locality in \n which such business is located and with respect to the taxable \n year for which the credit described in subsection (a) is \n allowed.\n ``(3) Qualified state.--The term `qualified State' means \n Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, \n Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, \n Louisiana, Maine, Maryland, Massachusetts, Minnesota, \n Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New \n York, North Carolina, Ohio, Pennsylvania, Rhode Island, South \n Carolina, South Dakota, Tennessee, Texas, or Virginia.\n ``(d) Limitation.--An expenditure shall be taken into account in \ndetermining the qualified hurricane and tornado mitigation property \nexpenditures made by the taxpayer during the taxable year only if the \nonsite preparation, assembly, or original installation of the property \nwith respect to which such expenditure is made has been completed in a \nmanner that is deemed to be adequate by a State-certified inspector.\n ``(e) Labor Costs.--For purposes of this section, expenditures for \nlabor costs properly allocable to the onsite preparation, assembly, or \noriginal installation of the property described in subsection (c) shall \nbe taken into account in determining the qualified hurricane and \ntornado mitigation property expenditures made by the taxpayer during \nthe taxable year.\n ``(f) Inspection Costs.--For purposes of this section, expenditures \nfor inspection costs properly allocable to the inspection of the \npreparation, assembly, or installation of the property described in \nsubsection (c) shall be taken into account in determining the qualified \nhurricane and tornado mitigation property expenditures made by the \ntaxpayer during the taxable year.''.\n (b) Conforming Amendments.--\n (1) Section 38(b) of such Code is amended by striking \n ``plus'' at the end of paragraph (30), by striking the period \n at the end of paragraph (31) and inserting ``, and'', and by \n adding at the end the following new paragraph:\n ``(32) the hurricane and tornado mitigation credit \n determined under section 45O(a).''.\n (2) The table of sections for subpart D of part IV of \n subchapter A of chapter 1 of such Code is amended by inserting \n after the item relating to section 45N the following new item:\n\n``Sec. 45O. Hurricane and tornado mitigation credit.''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.","summary":"Hurricane and Tornado Mitigation Investment Act of 2007 - Amends the Internal Revenue Code to allow individual and business taxpayers in certain states a tax credit for 25 of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages.","title":"To amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures.","text_len":8779,"sum_len":627} {"bill_id":"112_hr6366","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Flexible Refinancing for American \nFamilies Act of 2012''.\n\nSEC. 2. AFFORDABLE 50-YEAR REFINANCING OF MORTGAGES OWNED OR GUARANTEED \n BY FANNIE MAE AND FREDDIE MAC.\n\n (a) Authority.--The Federal National Mortgage Association and the \nFederal Home Loan Mortgage Corporation shall each carry out a program \nunder this section to provide for the refinancing of qualified \nmortgages on single-family housing owned by such enterprise through a \nrefinancing mortgage having a 50-year term, and for the purchase of and \nsecuritization of such refinancing mortgages, in accordance with this \nsection and policies and procedures that the Director of the Federal \nHousing Finance Agency shall establish. Such program shall require such \nrefinancing of a qualified mortgage upon the request of the mortgagor \nmade to the applicable enterprise and a determination by the enterprise \nthat the mortgage is a qualified mortgage.\n (b) Qualified Mortgage.--For purposes of this section, the term \n``qualified mortgage'' means a mortgage, without regard to whether the \nmortgagor is current on or in default on payments due under the \nmortgage, that--\n (1) is an existing first mortgage that was made for \n purchase of, or refinancing another first mortgage on, a one- \n to four-family dwelling, including a condominium or a share in \n a cooperative ownership housing association, that is occupied \n by the mortgagor as the principal residence of the mortgagor;\n (2) is owned or guaranteed by the Federal National Mortgage \n Association or the Federal Home Loan Mortgage Corporation; and\n (3) was originated on or before the date of the enactment \n of this Act.\n (c) Refinancing Mortgage.--For purposes of this section, the term \n``refinancing mortgage'' means a mortgage that meets the following \nrequirements:\n (1) Refinancing of qualified mortgage.--The principal loan \n amount repayment of which is secured by the mortgage shall be \n used to satisfy all indebtedness under an existing qualified \n mortgage.\n (2) Single-family housing.--The property that is subject to \n the mortgage shall be the same property that is subject to the \n qualified mortgage being refinanced.\n (3) 50-year term with 30-year call option.--The mortgage \n shall have a term to maturity of 50 years from the date of the \n beginning of the amortization of the mortgage and shall fully \n amortize over such term, except that the mortgagee may, at the \n sole option of the mortgagee, require payment in full of all \n amounts of principal and interest owed under the mortgage on \n the date that is 30 years after the date of the beginning of \n the amortization of the mortgage, but only if the mortgagee \n provides written notice to the mortgagor of such acceleration \n of indebtedness not fewer than 90 days in advance of such \n acceleration.\n (4) Interest rate.--The mortgage shall bear interest at a \n single rate that is fixed for the entire term of the mortgage, \n which shall be equivalent to the premium received by the \n enterprise on the qualified mortgage being refinanced plus the \n cost of selling a newly issued mortgage having comparable risk \n and term to maturity in a mortgage-backed security, as such \n rate may be increased to the extent necessary to cover, over \n the term to maturity of the mortgage, any fee paid to the \n servicer pursuant to subsection (d), the cost of any title \n insurance coverage issued in connection with the mortgage, and, \n as determined by the Director, a portion of any administrative \n costs of the program under this section as may attributable to \n the mortgage.\n (5) Waiver of prepayment penalties.--All penalties for \n prepayment or refinancing of the qualified mortgage that is \n refinanced by the mortgage, and all fees and penalties related \n to the default or delinquency on such mortgage, shall have been \n waived or forgiven.\n (6) Prohibition on borrower fees.--The servicer conducting \n the refinancing shall not charge the mortgagor any fee for the \n refinancing of the qualified mortgage through the refinancing \n mortgage.\n (7) Title insurance.--The fee for title insurance coverage \n issued in connection with the mortgage shall be reasonable in \n comparison with fees for such coverage available in the market \n for mortgages having similar terms.\n (d) Fee to Servicer.--For each qualified mortgage of an enterprise \nthat the servicer of the qualified mortgage refinances through a \nrefinancing mortgage pursuant to this section, the enterprise shall pay \nthe servicer a fee not exceeding $1,000.\n (e) No Appraisal.--The enterprises may not require an appraisal of \nthe property subject to a refinancing mortgage to be conducted in \nconnection with such refinancing.\n (f) Termination.--The requirement under subsection (a) for the \nenterprises to refinance qualified mortgages shall not apply to any \nrequest for refinancing made after the expiration of the one-year \nperiod beginning on the date of the enactment of this Act.\n (g) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n (1) Director.--The term ``Director'' means the Director of \n the Federal Housing Finance Agency.\n (2) Enterprise.--The term ``enterprise'' means the Federal \n National Mortgage Association and the Federal Home Loan \n Mortgage Corporation.\n (h) Regulations.--The Director shall issue any regulations or \nguidance necessary to carry out the program under this section.","summary":"Flexible Refinancing for American Families Act of 2012 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage having a 50-year term in accordance with this Act and the policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Permits the mortgagee, however, upon written 90-day advance notice to the mortgagor, to require payment in full of a 50-year mortgage only 30 years after the beginning of its amortization. Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence, (2) is owned or guaranteed by the particular GSE. And (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 50-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Requires a GSE to pay a fee of up to $1,000 to the servicer of a qualified mortgage refinance. Prohibits any requirement of a property appraisal.","title":"To prevent foreclosure of home mortgages and provide for the affordable refinancing of mortgages held by Fannie Mae and Freddie Mac through mortgages having 50-year terms to maturity.","text_len":5957,"sum_len":1546} {"bill_id":"108_s2350","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Long Island Sound Stewardship Act of \n2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) Long Island Sound is a national treasure of great \n cultural, environmental, and ecological importance;\n (2) 8,000,000 people live within the Long Island Sound \n watershed and 28,000,000 people (approximately 10 percent of \n the population of the United States) live within 50 miles of \n Long Island Sound;\n (3) activities that depend on the environmental health of \n Long Island Sound contribute more than $5,000,000,000 each year \n to the regional economy;\n (4) the portion of the shoreline of Long Island Sound that \n is accessible to the general public (estimated at less than 20 \n percent of the total shoreline) is not adequate to serve the \n needs of the people living in the area;\n (5) existing shoreline facilities are in many cases \n overburdened and underfunded;\n (6) large parcels of open space already in public ownership \n are strained by the effort to balance the demand for recreation \n with the needs of sensitive natural resources;\n (7) approximately \\1\/3\\ of the tidal marshes of Long Island \n Sound have been filled, and much of the remaining marshes have \n been ditched, dyked, or impounded, reducing the ecological \n value of the marshes; and\n (8) many of the remaining exemplary natural landscape is \n vulnerable to further development.\n (b) Purpose.--The purpose of this Act is to establish the Long \nIsland Sound Stewardship System to preserve areas of critical \nimportance because of the open space, public access, and ecological \nvalue of the areas.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Committee.--The term ``Committee'' means the Long \n Island Sound Stewardship Coordinating Committee established by \n section 5(a).\n (2) Region.--The term ``Region'' means the Long Island \n Sound Stewardship System Region established by section 4(a).\n (3) States.--The term ``States'' means the States of \n Connecticut and New York.\n\nSEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION.\n\n (a) Establishment.--There is established in the States the Long \nIsland Sound Stewardship System Region.\n (b) Boundaries.--The Region shall encompass the immediate coastal \nupland and underwater areas along Long Island Sound, including those \nportions of the Sound with coastally influenced vegetation, as \ndescribed on the map entitled the ``Long Island Sound Stewardship \nRegion'' and dated April 21, 2004.\n\nSEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE.\n\n (a) Establishment.--There is established a committee to be known as \nthe ``Long Island Sound Stewardship Coordinating Committee''.\n (b) Chairperson.--The Chairperson of the Committee shall be the \nDirector of the Long Island Sound Office of the Environmental \nProtection Agency, or designee.\n (c) Membership.--\n (1) Composition.--\n (A) In general.--The chairperson shall appoint the \n members of the Committee in accordance with this \n subsection and section 320(c) of the Federal Water \n Pollution Control Act (33 U.S.C. 1330(c)).\n (B) Representation.--The Committee shall--\n (i) include equal representation of the \n interests of the States; and\n (ii) represent--\n (I) Federal, State, and local \n government interests;\n (II) the interests of \n nongovernmental organizations;\n (III) academic interests; and\n (IV) private interests.\n (2) Date of appointments.--The appointment of a member of \n the Committee shall be made not later than 180 days after the \n date of enactment of this Act.\n (d) Term; Vacancies.--\n (1) Term.--A member shall be appointed for the life of the \n Committee.\n (2) Vacancies.--A vacancy on the Committee--\n (A) shall not affect the powers of the Committee; \n and\n (B) shall be filled in the same manner as the \n original appointment was made.\n (e) Initial Meeting.--Not later than 30 days after the date on \nwhich all members of the Committee have been appointed, the Committee \nshall hold the initial meeting of the Committee.\n (f) Meetings.--The Committee shall meet at the call of the \nChairperson, but not less than 4 times each year.\n (g) Quorum.--A majority of the members of the Committee shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n\nSEC. 6. DUTIES OF THE COMMITTEE.\n\n The Committee shall--\n (1) consistent with the guidelines described in section \n 9(c)--\n (A) establish specific criteria for the evaluation \n of applications for stewardship site designations; and\n (B) evaluate and award or deny stewardship \n designation to applicants for that designation;\n (2) consistent with the guidelines described in section \n 9(d)--\n (A) evaluate applications from government or \n nonprofit organizations qualified to hold conservation \n easements for funds to purchase land or development \n rights for stewardship sites; and\n (B) award funds to qualified applicants;\n (3) not later than 1 year after the date of enactment of \n this Act, develop and publish a management plan that--\n (A) assesses the current resources of and threats \n to Long Island Sound;\n (B) assesses the role of the Long Island Sound \n Stewardship System in protecting Long Island Sound;\n (C) establishes--\n (i) guidelines, schedules, and due dates \n for applying for designation as a stewardship \n site; and\n (ii) specific criteria to be used in \n evaluating stewardship site applications;\n (D) includes information about any grants that are \n available for the purchase of land or property rights \n to protect stewardship sites;\n (E) shall be made available to the public on the \n Internet and in hardcopy form; and\n (F) shall be updated at least every other year, \n with information on applications for stewardship site \n designation and funding published more frequently; and\n (4) concurrent with the first management plan, publish a \n list of sites that the Committee considers most appropriate for \n designation as stewardship sites.\n\nSEC. 7. POWERS OF THE COMMITTEE.\n\n (a) Hearings.--The Committee may hold such hearings, meet and act \nat such times and places, take such testimony, and receive such \nevidence as the Committee considers advisable to carry out this Act.\n (b) Information From Federal Agencies.--\n (1) In general.--The Committee may secure directly from a \n Federal agency such information as the Committee considers \n necessary to carry out this Act.\n (2) Provision of information.--On request of the \n Chairperson of the Committee, the head of the agency shall \n provide the information to the Committee.\n (c) Postal Services.--The Committee may use the United States mails \nin the same manner and under the same conditions as other agencies of \nthe Federal Government.\n (d) Gifts.--The Committee may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 8. COMMITTEE PERSONNEL MATTERS.\n\n (a) Compensation of Members.--\n (1) Non-federal employees.--A member of the Committee who \n is not an officer or employee of the Federal Government shall \n be compensated at a rate equal to the daily equivalent of the \n annual rate of basic pay prescribed for level IV of the \n Executive Schedule under section 5315 of title 5, United States \n Code, for each day (including travel time) during which the \n member is engaged in the performance of the duties of the \n Committee.\n (2) Federal employees.--A member of the Committee who is an \n officer or employee of the Federal Government shall serve \n without compensation in addition to the compensation received \n for the services of the member as an officer or employee of the \n Federal Government.\n (b) Travel Expenses.--A member of the Committee shall be allowed \ntravel expenses, including per diem in lieu of subsistence, at rates \nauthorized for an employee of an agency under subchapter I of chapter \n57 of title 5, United States Code, while away from the home or regular \nplace of business of the member in the performance of the duties of the \nCommittee.\n (c) Staff.--\n (1) In general.--The Chairperson of the Committee may, \n without regard to the civil service laws (including \n regulations), appoint and terminate an executive director and \n such other additional personnel as are necessary to enable the \n Committee to perform the duties of the Committee.\n (2) Confirmation of executive director.--The employment of \n an executive director shall be subject to confirmation by the \n Committee.\n (3) Compensation.--\n (A) In general.--Except as provided in subparagraph \n (B), the Chairperson of the Committee may fix the \n compensation of the executive director and other \n personnel without regard to the provisions of chapter \n 51 and subchapter III of chapter 53 of title 5, United \n States Code, relating to classification of positions \n and General Schedule pay rates.\n (B) Maximum rate of pay.--The rate of pay for the \n executive director and other personnel shall not exceed \n the rate payable for level V of the Executive Schedule \n under section 5316 of title 5, United States Code.\n (d) Detail of Federal Government Employees.--\n (1) In general.--An employee of the Federal Government may \n be detailed to the Committee without reimbursement.\n (2) Civil service status.--The detail of the employee shall \n be without interruption or loss of civil service status or \n privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairperson of the Committee may procure temporary and intermittent \nservices in accordance with section 3109(b) of title 5, United States \nCode, at rates for individuals that do not exceed the daily equivalent \nof the annual rate of basic pay prescribed for level V of the Executive \nSchedule under section 5316 of that title.\n\nSEC. 9. STEWARDSHIP SITES.\n\n (a) Definition of Qualifying Land.--In this section, the term \n``qualifying land'' means land--\n (1) that is in the Region; and\n (2) that is--\n (A) Federal, State, local, or tribal land;\n (B) land owned by a nonprofit organization; or\n (C) privately owned land.\n (b) Application for Designation.--Owners or other parties in \ncontrol of qualifying land may apply to the Committee to have the \nqualifying land designated as a Long Island Sound stewardship site.\n (c) General Guidelines for Stewardship Site Designation.--\n (1) In general.--The Committee shall choose land to be \n designated as a stewardship site based on--\n (A) the contribution of the land to open space on \n and public access to Long Island Sound; and\n (B) the ecological value of the land.\n (2) Criteria.--In considering land described in \n applications submitted under subsection (b), the Committee \n shall consider--\n (A) land cover;\n (B) size;\n (C) adjacency and connectivity to existing parks \n and open spaces;\n (D) water quality;\n (E) current or prospective recreational use;\n (F) visitor demand;\n (G) scenic quality;\n (H) cultural resources;\n (I) erosion and flood hazard prevention;\n (J) environmental justice;\n (K) fish and wildlife productivity;\n (L) biodiversity;\n (M) scientific value;\n (N) water quality protection;\n (O) habitat restoration characteristics;\n (P) connectivity to other habitats that are vital \n to sustaining healthy living resources in the Long \n Island Sound watershed;\n (Q) risk of development; and\n (R) other criteria developed by the Committee under \n section 6(1)(A).\n (d) General Guidelines for Awarding Funds.--\n (1) In general.--The Committee shall award funds to \n qualified applicants to help to secure and improve the open \n space, public access, or ecological values of stewardship \n sites, through--\n (A) purchase of the property of the site;\n (B) purchase of relevant property rights of the \n site; or\n (C) entering into any other binding legal \n arrangement that ensures that the values of the site \n are preserved.\n (2) Equitable distribution of funds.--The Committee shall \n exert due diligence to distribute funds equitably between the \n States.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $40,000,000 for each fiscal year, to be allocated from the \nnational estuary program under section 320 of the Federal Water \nPollution Control Act (33 U.S.C. 1330).\n (b) Allocation of Funds.--For each fiscal year--\n (1) not more than 15 percent of funds made available under \n subsection (a) shall be used to improve the facilities of \n stewardship sites; and\n (2) at least 85 percent of funds made available under \n subsection (a) shall be used to secure the values of \n stewardship sites.\n (c) Federal Share.--The Federal share of the cost of an activity \ncarried out using any assistance or grant under this Act shall not \nexceed 75 percent of the total cost of the activity.","summary":"Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship System Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Coordinating Committee to evaluate applications: (1) from owners or other controlling parties to have qualifying land within the Region designated as stewardship sites for purposes of awarding preservation funds. And (2) from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites. Requires the Committee to develop and publish a management plan that describes the current status of Long Island Sound, the Committee's role in protecting it, and details of the stewardship site designation program.","title":"A bill to establish the Long Island Sound Stewardship System.","text_len":15309,"sum_len":771} {"bill_id":"113_hr4107","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Reduce Expenditures in Nuclear \nInfrastructure Now Act'' or the ``REIN-IN Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The Berlin Wall fell in 1989, the Soviet Union no \n longer exists, and the Cold War is over. The nature of threats \n to the national security and military interests of the United \n States has changed. However, the United States continues to \n maintain an enormous arsenal of nuclear weapons and delivery \n systems that were devised with the Cold War in mind.\n (2) The current nuclear arsenal of the United States \n includes approximately 5,000 total nuclear warheads, of which \n approximately 2,000 are deployed with three delivery \n components: long-range strategic bomber aircraft, land-based \n intercontinental ballistic missiles, and submarine-launched \n ballistic missiles. The bomber fleet of the United States \n comprises 93 B-52 and 20 B-2 aircraft. The United States \n maintains 450 intercontinental ballistic missiles. The United \n States also maintains 14 Ohio-class submarines, up to 12 of \n which are deployed at sea. Each of those submarines is armed \n with up to 96 independently targetable nuclear warheads.\n (3) This Cold War-based approach to nuclear security comes \n at significant cost. Over the next 10 years, the United States \n will spend hundreds of billions of dollars maintaining and \n upgrading its nuclear force, according to the Congressional \n Budget Office. A substantial decrease in spending on the \n nuclear arsenal of the United States is prudent for both the \n budget and national security.\n (4) The national security interests of the United States \n can be well served by reducing the total number of deployed \n nuclear warheads and their delivery systems, as stated by the \n Department of Defense's June 2013 nuclear policy guidance \n entitled, ``Report on Nuclear Employment Strategy of the United \n States''. This guidance found that force levels under the \n Treaty on Measures for the Further Reduction and Limitation of \n Strategic Offensive Arms, signed on April 8, 2010, and entered \n into force on February 5, 2011, between the United States and \n the Russian Federation (commonly known as the ``New START \n Treaty'') ``are more than adequate for what the United States \n needs to fulfill its national security objectives'' and that \n the force can be reduced by up to \\1\/3\\ below levels under the \n New START Treaty to 1,000 to 1,100 warheads.\n (5) Even without additional reductions in deployed \n strategic warheads, the United States can save tens of billions \n of dollars by deploying those warheads more efficiently on \n delivery systems and by deferring production of new delivery \n systems until they are needed.\n (6) Economic security and national security are linked and \n both will be well served by smart defense spending. Admiral \n Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on \n June 24, 2010, ``Our national debt is our biggest national \n security threat'' and on August 2, 2011, stated, ``I haven't \n changed my view that the continually increasing debt is the \n biggest threat we have to our national security.''.\n (7) The Government Accountability Office has found that \n there is significant waste in the construction of the nuclear \n facilities of the National Nuclear Security Administration of \n the Department of Energy.\n\nSEC. 3. REDUCTION IN NUCLEAR FORCES.\n\n (a) Prohibition on New Long-Range Penetrating Bomber Aircraft.--\nNotwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for any of \nfiscal years 2014 through 2023 for the Department of Defense may be \nobligated or expended for the research, development, test, and \nevaluation or procurement of a long-range penetrating bomber aircraft.\n (b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other \nprovision of law, none of the funds authorized to be appropriated or \notherwise made available for fiscal year 2014 or any fiscal year \nthereafter for the Department of Defense or the Department of Energy \nmay be used to make the F-35 Joint Strike Fighter aircraft capable of \ncarrying nuclear weapons.\n (c) Reduction in the B61 Life Extension Program.--Notwithstanding \nany other provision of law, none of the funds authorized to be \nappropriated or otherwise made available for fiscal year 2014 or any \nfiscal year thereafter for the Department of Defense or the Department \nof Energy may be obligated or expended until the Secretary of Defense \nand the Secretary of Energy jointly certify to Congress that the total \ncost of the B61 life extension program has been reduced to not more \nthan $5,000,000,000.\n (d) Termination of W78 Life Extension Program.--Notwithstanding any \nother provision of law, none of the funds authorized to be appropriated \nor otherwise made available for fiscal year 2014 or any fiscal year \nthereafter for the Department of Defense or the Department of Energy \nmay be obligated or expended for the W78 life extension program.\n (e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any \nother provision of law, beginning in fiscal year 2020, the forces of \nthe Navy shall include not more than eight ballistic-missile submarines \navailable for deployment.\n (f) Limitation on SSBN-X Submarines.--Notwithstanding any other \nprovision of law--\n (1) none of the funds authorized to be appropriated or \n otherwise made available for any of fiscal years 2014 through \n 2023 for the Department of Defense may be obligated or expended \n for the procurement of an SSBN-X submarine; and\n (2) none of the funds authorized to be appropriated or \n otherwise made available for fiscal year 2024 or any fiscal \n year thereafter for the Department of Defense may be obligated \n or expended for the procurement of more than eight such \n submarines.\n (g) Reduction of Submarine-Launched Ballistic Missiles.--\nNotwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for fiscal \nyear 2014 or any fiscal year thereafter for the Department of Defense \nmay be obligated or expended to maintain more than 250 submarine-\nlaunched ballistic missiles.\n (h) Prohibition on New Intercontinental Ballistic Missile.--\nNotwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for any of \nfiscal years 2014 through 2023 for the Department of Defense may be \nobligated or expended for the research, development, test, and \nevaluation or procurement of a new intercontinental ballistic missile.\n (i) Reduction of Intercontinental Ballistic Missiles on High Alert \nStatus.--Notwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for fiscal \nyear 2014 or any fiscal year thereafter for the Department of Defense \nmay be obligated or expended to maintain more than 150 intercontinental \nballistic missiles on a 24-hour, high alert status.\n (j) Termination of Mixed Oxide Fuel Fabrication Facility Project.--\nNotwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for fiscal \nyear 2014 or any fiscal year thereafter for the Department of Defense \nor the Department of Energy may be obligated or expended for the Mixed \nOxide Fuel Fabrication Facility project.\n (k) Termination of Chemistry and Metallurgy Research Building \nReplacement Project.--Notwithstanding section 4215 of the Atomic Energy \nDefense Act (50 U.S.C. 2535) or any other provision of law, none of the \nfunds authorized to be appropriated or otherwise made available for \nfiscal year 2014 or any fiscal year thereafter for the Department of \nDefense or the Department of Energy may be obligated or expended to \nreplace the Chemistry and Metallurgy Research Building at Los Alamos \nNational Laboratory, Los Alamos, New Mexico.\n (l) Termination of Uranium Processing Facility.--Notwithstanding \nany other provision of law, none of the funds authorized to be \nappropriated or otherwise made available for fiscal year 2014 or any \nfiscal year thereafter for the Department of Defense or the Department \nof Energy may be obligated or expended for the Uranium Processing \nFacility located at the Y-12 National Security Complex, Oak Ridge, \nTennessee.\n (m) Termination of Medium Extended Air Defense System.--\nNotwithstanding any other provision of law, none of the funds \nauthorized to be appropriated or otherwise made available for fiscal \nyear 2014 or any fiscal year thereafter for the Department of Defense \nmay be obligated or expended for the medium extended air defense \nsystem.\n\nSEC. 4. REPORTS REQUIRED.\n\n (a) Initial Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Defense and the Secretary of \nEnergy shall jointly submit to the appropriate committees of Congress a \nreport outlining the plan of each Secretary to carry out section 3.\n (b) Annual Report.--Not later than March 1, 2015, and annually \nthereafter, the Secretary of Defense and the Secretary of Energy shall \njointly submit to the appropriate committees of Congress a report \noutlining the plan of each Secretary to carry out section 3, including \nany updates to previously submitted reports.\n (c) Annual Nuclear Weapons Accounting.--Not later than September \n30, 2015, and annually thereafter, the President shall transmit to the \nappropriate committees of Congress a report containing a comprehensive \naccounting by the Director of the Office of Management and Budget of \nthe amounts obligated and expended by the Federal Government for each \nnuclear weapon and related nuclear program during--\n (1) the fiscal year covered by the report; and\n (2) the life cycle of such weapon or program.\n (d) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n (1) the Committee on Armed Services, the Committee on \n Foreign Relations, the Committee on Appropriations, and the \n Committee on Energy and Natural Resources of the Senate; and\n (2) the Committee on Armed Services, the Committee on \n Foreign Affairs, the Committee on Appropriations, the Committee \n on Energy and Commerce, and the Committee on Natural Resources \n of the House of Representatives.","summary":"Reduce Expenditures in Nuclear Infrastructure Now Act or the REIN-IN Act - Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2014-FY2023: (1) for the research, development, test, and evaluation (RDTamp, E) or procurement of a long-range penetrating bomber aircraft, (2) to procure an SSBN-X submarine, or (3) for the RDTamp. E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2014 or thereafter for DOD or the Department of Energy (DOE): (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $5 billion, (3) for the W78 life extension program, (4) for the mixed oxide fuel fabrication facility project. (5) to replace the chemistry and metallurgy research building at Los Alamos National Laboratory, Los Alamos, New Mexico. Or (6) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee. Prohibits Navy forces, beginning in FY2020, from including more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds for FY2014 or thereafter: (1) to maintain more than 250 submarine-launched ballistic missiles. (2) to maintain more than 150 intercontiental ballistic missiles (ICBMs) on a 24-hour, high alert status. Or (3) for the medium extended air defense system. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program.","title":"REIN-IN Act","text_len":10980,"sum_len":2147} {"bill_id":"115_hr1182","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Intermediate-Range Nuclear Forces \n(INF) Treaty Preservation Act of 2017''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Appropriate congressional committees.--The term \n ``appropriate congressional committees'' means--\n (A) the Select Committee on Intelligence, the \n Committee on Foreign Relations, the Committee on Armed \n Services, and the Committee on Appropriations of the \n Senate; and\n (B) the Permanent Select Committee on Intelligence, \n the Committee on Foreign Affairs, the Committee on \n Armed Services, and the Committee on Appropriations of \n the House of Representatives.\n (2) INF treaty.--The term ``INF Treaty'' means the Treaty \n between the United States of America and the Union of Soviet \n Socialist Republics on the Elimination of Their Intermediate-\n Range and Shorter-Range Missiles, signed at Washington December \n 8, 1987, and entered into force June 1, 1988.\n (3) Intelligence community.--The term ``intelligence \n community'' has the meaning given the term in section 3(4) of \n the National Security Act of 1947 (50 U.S.C. 3003(4)).\n (4) New start treaty.--The term ``New START Treaty'' means \n the Treaty between the United States of America and the Russian \n Federation on Measures for the Further Reduction and Limitation \n of Strategic Offensive Arms, signed at Prague April 8, 2010, \n and entered into force February 5, 2011.\n (5) Open skies treaty.--The term ``Open Skies Treaty'' \n means the Treaty on Open Skies, done at Helsinki March 24, \n 1992, and entered into force January 1, 2002.\n\nSEC. 3. FINDINGS.\n\n Congress makes the following findings:\n (1) The 2014, 2015, and 2016 Department of State reports \n entitled, ``Adherence to and Compliance with Arms Control, \n Nonproliferation, and Disarmament Agreements and Commitments'', \n all stated that the United States has determined that ``the \n Russian Federation is in violation of its obligations under the \n INF Treaty not to possess, produce, or flight-test a ground-\n launched cruise missile (GLCM) with a range capability of 500 \n km to 5,500 km, or to possess or produce launchers of such \n missiles''.\n (2) The 2016 report also noted that ``the cruise missile \n developed by Russia meets the INF Treaty definition of a \n ground-launched cruise missile with a range capability of 500 \n km to 5,500 km, and as such, all missiles of that type, and all \n launchers of the type used or tested to launch such a missile, \n are prohibited under the provisions of the INF Treaty''.\n (3) Potential consistency and compliance concerns regarding \n the INF Treaty noncompliant GLCM have existed since 2008, were \n not officially raised with the Russian Federation until 2013, \n and were not briefed to the North Atlantic Treaty Organization \n (NATO) until January 2014.\n (4) The United States Government is aware of other \n consistency and compliance concerns regarding Russia actions \n vis-a-vis its INF Treaty obligations.\n (5) Since 2013, senior United States officials, including \n the President, the Secretary of State, and the Chairman of the \n Joint Chiefs of Staff have raised Russian noncompliance with \n the INF Treaty to their counterparts, but no progress has been \n made in bringing the Russian Federation back into compliance \n with the INF Treaty.\n (6) In April 2014, General Breedlove, the Supreme Allied \n Commander Europe, correctly stated, ``A weapon capability that \n violates the INF, that is introduced into the greater European \n land mass, is absolutely a tool that will have to be dealt with \n . . . It can't go unanswered.''.\n (7) The Department of Defense in its September 2013 report, \n Report on Conventional Prompt Global Strike Options if Exempt \n from the Restrictions of the Intermediate-Range Nuclear Forces \n Treaty Between the United States of America and the Union of \n Soviet Socialist Republics, stated that it has multiple \n validated military requirement gaps due to the prohibitions \n imposed on the United States as a result of its compliance with \n the INF Treaty.\n (8) It is not in the national security interests of the \n United States to be legally prohibited from developing dual-\n capable ground-launched cruise missiles with ranges between 500 \n and 5,500 kilometers, while Russia makes advances in developing \n and fielding this class of weapon systems.\n (9) A material breach of the INF Treaty by the Russian \n Federation affords the United States the right to invoke such \n breach as grounds for suspending the operation of the treaty in \n whole or in part.\n\nSEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF \n TREATY.\n\n (a) Statement of United States Policy.--It is the policy of the \nUnited States as follows:\n (1) The actions undertaken by the Russian Federation in \n violation of the INF Treaty constitute a material breach of the \n treaty.\n (2) In light of the Russian Federation's material breach of \n the INF Treaty, the United States is legally entitled to \n suspend the operation of the INF Treaty in whole or in part for \n so long as the Russian Federation continues to be in material \n breach.\n (3) For so long as the Russian Federation remains in \n noncompliance with the INF Treaty, the United States should \n take actions to encourage the Russian Federation return to \n compliance, including by--\n (A) providing additional funds for the capabilities \n identified in section 1243(d) of the National Defense \n Authorization Act for Fiscal Year 2016 (Public Law 114-\n 92; 129 Stat. 1062);\n (B) establishing a program of record pursuant to \n section 5 for a dual-capable road-mobile ground-\n launched cruise missile system with a maximum range of \n 5,500 kilometers; and\n (C) aggressively seeking additional missile defense \n assets in the European theater to protect United States \n and NATO forces from ground-launched missile systems of \n the Russian Federation that are in noncompliance with \n the INF Treaty.\n (b) Authorization of Additional Appropriations.--\n (1) In general.--In addition to any other amounts \n authorized to be appropriated for such purposes, there is \n authorized to be appropriated $500,000,000 for fiscal year 2018 \n for--\n (A) the development of active defenses to counter \n ground-launched missile systems with ranges between 500 \n and 5,500 kilometers;\n (B) counterforce capabilities to prevent attacks \n from these missiles;\n (C) facilitating the acquisition and transfer to \n allied countries of missile systems with ranges between \n 500 and 5,500 kilometers; and\n (D) countervailing strike capabilities to enhance \n the capabilities of the United States identified in \n section 1243(d) of the National Defense Authorization \n Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. \n 1062).\n (2) Development.--Of the amount authorized to be \n appropriated by paragraph (1), $100,000,000 is authorized to be \n appropriated for activities undertaken to carry out section 5, \n including with respect to research and development activities.\n (3) Offset.--Notwithstanding the amounts otherwise \n authorized to be appropriated for the National Nuclear Security \n Administration for Defense Nuclear Nonproliferation for fiscal \n year 2018, such authorization of amounts is hereby reduced by \n $500,000,000.\n\nSEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE SYSTEM.\n\n (a) Establishment of a Program of Record.--The Secretary of Defense \nshall establish a program of record to develop a dual-capable road-\nmobile ground-launched cruise missile system with a range of between \n500 to 5,500 kilometers. The Secretary shall ensure that such system is \ncapable of achieving a flight test by not later than one year after the \ndate of the enactment of this Act.\n (b) Report.--Not later than 120 days after the date of the \nenactment of this Act, the Secretary of Defense shall submit to the \ncongressional defense committees a report on the cost, schedule, and \nfeasibility to modify the tomahawk, standard missile-3, standard \nmissile-6, long-range standoff cruise missile, and Army tactical \nmissile system missiles for ground launch with a range of between 500 \nand 5,500 kilometers in order to provide any of the capabilities \nidentified in section 1243(d) of the National Defense Authorization Act \nfor Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062).\n\nSEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION \n DEVELOPMENT OF NONCOMPLIANT SYSTEMS.\n\n Not later than 15 days after the date of the enactment of this Act, \nand every 90 days thereafter during the five-year period beginning on \nsuch date of enactment, the Director of National Intelligence shall \nsubmit to the appropriate congressional committees and the President a \nreport that includes a determination of each of the following:\n (1) Whether the Russian Federation has flight tested, \n produced, or possesses a system that is inconsistent with the \n INF Treaty.\n (2) Whether the Russian Federation possesses a system that \n meets the requirements for initial operational capability that \n is inconsistent with the INF Treaty.\n (3) Whether the Russian Federation has deployed, or is \n about to deploy, a system that is inconsistent with the INF \n Treaty.\n\nSEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES.\n\n None of the funds authorized to be appropriated or otherwise made \navailable for fiscal year 2018 or any other fiscal year for the \nDepartment of Defense may be obligated or expended to extend the \nimplementation of the New START Treaty for any year after 2021, permit \nflights by the Russian Federation over the United States or it allies \npursuant to the Open Skies Treaty, or permit the approval of new or \nupdated implementation decisions of the Open Skies Consultative \nCommission pursuant to Article X of the Open Skies Treaty, or any \nlicense or authorization to export any item or technology to a person \nor entity in the Russian Federation unless the President certifies to \nthe appropriate congressional committees that the Russian Federation \nhas verifiably eliminated all missiles that are in violation of or may \nbe inconsistent with the INF Treaty.\n\nSEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY.\n\n Not later than 90 days after the date of the enactment of this Act, \nthe Secretary of Defense shall submit to the appropriate congressional \ncommittees a report on the number and location of Aegis Ashore sites \nwith anti-air warfare capability necessary in Asia and Europe to defend \ndeployed forces of the United States and United States allies from \nRussian ground-launched missile systems with a range of 500 to 5,500 \nkilometers.\n\nSEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE.\n\n (a) In General.--The Secretary of State, in consultation with the \nSecretary of Defense and the Director of National Intelligence, shall \nconduct a review of the RS-26 ballistic missile of the Russian \nFederation.\n (b) Report Required.--Not later than 90 days after the date of the \nenactment of this Act, the Secretary of State, in consultation with the \nSecretary of Defense and the Director of National Intelligence, shall \nsubmit to the appropriate congressional committees a report on the \nreview conducted under subsection (a). The report shall include--\n (1) a determination whether the RS-26 ballistic missile is \n covered under the New START Treaty or is a violation of the INF \n Treaty because Russia has flight-tested such missile to ranges \n covered by the INF Treaty in more than one warhead \n configuration; and\n (2) if the Secretary determines that the RS-26 ballistic \n missile is covered under the New START Treaty, a determination \n whether the Russian Federation--\n (A) has agreed through the Bilateral Consultative \n Commission that such a system is limited under the New \n START Treaty central limits; and\n (B) has agreed to an exhibition of such a system.\n (c) Effect of Determination.--If the Secretary of State, with the \nconcurrence of the Secretary of Defense and the Director of National \nIntelligence, determines that the RS-26 ballistic missile is covered \nunder the New START Treaty and that the Russian Federation has not \ntaken the steps described under subsection (b)(2), the United States \nGovernment shall consider for purposes of all policies and decisions \nthat the RS-26 ballistic missile of the Russian Federation is a \nviolation of the INF Treaty.\n\nSEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY \n BY THE RUSSIAN FEDERATION.\n\n (a) Declaration of Policy.--Congress declares that because of the \nRussian Federation's violations of the INF Treaty, including the \nflight-test, production, and possession of prohibited systems, its \nactions have defeated the object and purpose of the INF Treaty, and \nthus constitute a material breach of the INF Treaty.\n (b) Report.--Not later than 15 months after the date of the \nenactment of this Act, the President shall submit to the appropriate \ncongressional committees a report that contains a determination of the \nPresident of whether the Russian Federation has flight-tested, \nproduced, or is in possession of a ground-launched cruise missile or \nground-launched ballistic missile with a range of between 500 and 5,500 \nkilometers during each of the four consecutive 90-day periods beginning \non the date of the enactment of this Act.\n (c) United States Actions.--If the determination of the President \ncontained in the report required to be submitted under subsection (b) \nis that the Russian Federation has flight-tested, produced, or is in \npossession of any missile described in subsection (b) during each of \nthe periods described in subsection (b), the President shall--\n (1) suspend the application of the INF Treaty with respect \n to the United States; and\n (2) notify the other state parties to the INF Treaty that \n the Russian Federation is in material breach of the INF Treaty \n and of the decision of the United States to suspend the \n application of the INF Treaty with respect to the United \n States.","summary":"Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017 This bill states US policy that: (1) Russian actions in violation of the the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles constitute a material breach, (2) the United States is legally entitled to suspend the treaty, and (3) the United States should take certain actions to bring Russia into compliance. The bill authorizes additional appropriations for: (1) development of active defenses to counter ground launched missile systems, (2) counterforce and countervailing capabilities, and (3) missile system transfers to allied countries. The Department of Defense shall: (1) establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of 500 to 5,500 kilometers. (2) report on the feasibility of modifying the tomahawk, standard missile-3, standard missile-6, long-range stand off cruise missile, and Army tactical missile for ground-launch with such range. And (3) report on the AEGIS Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend US forces and allies from Russian ground launched missile systems. The Director of National Intelligence, every 90 days for five years, shall determine whether Russia has flight tested, produced, or possesses a system that is inconsistent with the treaty and that has reached initial operational capability and is, or is about to be, deployed. No funds may be obligated or expended to extend the New START Treaty after 2021, permit Russian flights over the United States or US allies pursuant to the Open Skies Treaty, permit the approval of new implementation decisions through the Open Skies Consultative Commission, or approve any license to export an item or technology to a Russian person or entity unless the President certifies that Russia has eliminated all missiles that are in violation of, or inconsistent with, the INF treaty. The Department of State shall conduct a review of Russia's RS-26 ballistic missile system. Upon a determination that Russia has flight-tested, produced, or is in possession of certain missiles, the President shall suspend the application of the INF treaty to the United States and notify the other state parties to the treaty of Russia's material breach of, and the US decision to suspend, the treaty.","title":"Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017","text_len":15611,"sum_len":2449} {"bill_id":"107_s2430","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Broadband Regulatory Parity Act of \n2002''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The cable modem service offered by cable operators for \n high-speed access to the Internet is functionally equivalent \n to, and competes with, digital subscriber line service offered \n by local exchange carriers.\n (2) Cable modem services and digital subscriber line \n services are subject to disparate regulatory treatment by the \n Federal Government and by State and local governments.\n (3) Competing and functionally equivalent products and \n services should be regulated, or not regulated, in the same \n manner, regardless of who provides such products or services.\n (4) The Federal Communications Commission is best \n positioned to determine which, if any, regulatory requirements \n for broadband access services should be retained and which, if \n any, should be eliminated.\n (5) The Commission should be required to ensure that \n providers of broadband services are regulated in an equivalent \n manner, regardless of the platform used to provide such \n services.\n (6) Government regulation should not favor or advantage one \n class of competitors among competitors offering similar \n products or services.\n (7) The deployment of digital subscriber line service has \n been restrained by regulatory requirements that are \n inappropriate for a competitive service offered by various non-\n dominant providers.\n (8) Inappropriate regulation imposes needless costs and \n results in higher consumer costs.\n (9) Lower consumer costs will accelerate demand for high-\n speed Internet access services.\n (10) Regulatory certainty and parity will provide \n incentives to increase deployment of high-speed Internet \n services, bringing the benefits of such services to communities \n in the form of enhancements in medicine, education, national \n security, work from home, and other benefits.\n (11) The United States lags behind many other countries in \n the deployment of high-speed data services.\n (12) When all providers of broadband services compete under \n the same rules, consumers will benefit from increased choices \n and lower prices.\n\nSEC. 3. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS \n AND BROADBAND ACCESS SERVICE PROVIDERS.\n\n (a) In General.--Part II of title II of the Communications Act of \n1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 262. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE \n PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS.\n\n ``(a) In General.--Notwithstanding any other provision of law, the \nCommission shall, not later than 120 days after the date of the \nenactment of the Broadband Regulatory Parity Act of 2002, prescribe \nregulations to ensure that--\n ``(1) all broadband services, and all broadband access \n services, are subject to the same regulatory requirements, or \n no regulatory requirements;\n ``(2) all providers of broadband services, and all \n providers of broadband access services, are subject to the same \n regulatory requirements, or no regulatory requirements, with \n respect to the provision of such services and the facilities \n and equipment used to provide such services in the provision of \n such services; and\n ``(3) paragraphs (1) and (2) are implemented without \n increasing the regulatory requirements applicable to any \n provider of broadband services, or broadband access services, \n on any such service or on any facilities or equipment used to \n provide any such service in the provision of such service.\n ``(b) Prohibition on State Jurisdiction.--Notwithstanding any other \nprovision of law, broadband services and broadband access services, and \nthe facilities and equipment used to provide such services in the \nprovision of such services, shall not be subject to the jurisdiction of \nany State.\n ``(c) Obligations of Incumbent Local Exchange Carriers to Internet \nService Providers.--Notwithstanding subsection (a), each incumbent \nlocal exchange carrier has the duty to provide all Internet service \nproviders with the telecommunications necessary for such provider to \nprovide broadband access service to its subscribers. Such \ntelecommunications shall be offered on rates, terms, and conditions \nthat are just and reasonable.\n ``(d) Savings Provisions.--(1) Nothing in this section affects the \nrequirements of section 271.\n ``(2) Nothing in this section affects the obligations of incumbent \nlocal exchange carriers under section 251(c) to provide requesting \ntelecommunications carriers with services and access to facilities and \nequipment necessary for the provision of switch-based voice \ntelecommunications service.\n ``(3) Nothing in this section precludes or affects any tariff filed \nby the National Exchange Carrier Association or any rural telephone \ncompany, and any such tariff may continue to include broadband \nservices.\n ``(4) Nothing in this section affects section 251(f).''.\n (b) Definitions.--Section 3 of the Communications Act of 1934 (47 \nU.S.C. 153) is amended--\n (1) by redesignating paragraphs (20) through (52) as \n paragraphs (22) through (54), respectively; and\n (2) by inserting after paragraph (19) the following new \n paragraphs:\n ``(20) Broadband service.--The term `broadband service' \n means any service that is used to provide access to the \n Internet and consists of or includes the offering of a \n capability to transmit information at a rate that is generally \n not less than 256 kilobits per second in at least one \n direction.\n ``(21) Broadband access service.--The term `broadband \n access service' means a service that combines computer \n processing, information storage, protocol conversion, and wire \n routing with transmission to enable users to access Internet \n content and services.''.","summary":"Broadband Regulatory Parity Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission to prescribe regulations to ensure that: (1) all broadband services and broadband access services are subject to the same regulatory requirements. (2) all providers of such services are subject to the same regulatory requirements with respect to such services and the facilities and equipment used to provide such services. And (3) the above requirements are met without increasing current regulatory requirements with respect to such services, facilities, or equipment. Prohibits such services and related facilities and equipment from being subject to the jurisdiction of any State. Requires each incumbent local exchange carrier to provide all Internet service providers with the telecommunications necessary for the provision of broadband access service to subscribers at just and reasonable rates.","title":"A bill to provide for parity in regulatory treatment of broadband services providers and of broadband access services providers, and for other purposes.","text_len":6451,"sum_len":931} {"bill_id":"105_hr2950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Panama Security Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The United States secured the independence of the \n Republic of Panama, built the Panama Canal at considerable cost \n in blood and treasure, and has provided for its management, \n operations, maintenance, improvement, and defense throughout \n the 20th century, providing a vital service to the peaceful \n commerce of all nations as well as substantial returns to the \n national interests of both the United States and Panama.\n (2) The Panama Canal continues to play a vital role both in \n international trade and in the national security of the United \n States, reducing the distance by sea between New York and San \n Francisco by some 8,000 miles, contributing critical strategic \n mobility to naval forces of the United States and substantial \n savings to maritime commerce.\n (3) Absent any new base-rights agreement between the United \n States Government and the Government of the Republic of Panama \n allowing for a post-2000 United States military presence, \n United States forces in Panama will be reduced to zero by \n December 31, 1999, calling into question the ability of the \n United States to continue to protect its interests in the area.\n (4) The Roosevelt Corollary to the Monroe Doctrine \n proclaimed in 1904 that it was a national security concern of \n the United States when foreign powers attempted to use public \n or private investment as a vehicle for the expansion of \n political and military influence in the Western Hemisphere.\n (5) The recent grant to Hutchison Whampoa, a Chinese firm \n with ties to the Government of the People's Republic of China, \n of management control of the Panamanian ports of Balboa and San \n Cristobal, located at either end of the Panama Canal, has \n raised the specter of the expansion of Chinese political \n influence in Panama--a situation aggravated by unanswered \n questions concerning the methods used by the Chinese firm to \n win its bids.\n (6) In addition, Article V of the Treaty Concerning the \n Permanent Neutrality and Operation of the Panama Canal, states \n that only the Republic of Panama shall maintain military \n forces, defense sites, and military installations in its \n national territory after December 31, 1999.\n\nSEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF PANAMA IF FORMER \n UNITED STATES MILITARY FACILITIES IN THE REPUBLIC OF \n PANAMA ARE CONVEYED TO ANY FOREIGN GOVERNMENT-OWNED \n ENTITY.\n\n (a) Limitation on United States Assistance.--United States \nassistance may not be provided to the Republic of Panama for any period \nof time beginning after the date of the enactment of this Act during \nwhich a defense site or military installation, that is located within \nthe territory of the Republic of Panama and that was at any time part \nof a defense site or military installation built or formerly operated \nby the United States, has been conveyed by the Government of the \nRepublic of Panama to any foreign government-owned entity.\n (b) Opposition to Assistance From International Financial \nInstitutions.--The President shall instruct the United States \nrepresentative to each international financial institution to which the \nUnited States is a member to use the voice and vote of the United \nStates to oppose any loans or other forms of assistance from that \ninstitution to the Republic of Panama for any period of time during \nwhich the Government of the Republic of Panama is in violation of the \nrequirements of subsection (a).\n\nSEC. 4. REPORTING REQUIREMENTS.\n\n (a) Report by the President.--Not later than 60 days after the date \nof the enactment of this Act, the President shall prepare and transmit \nto the Congress a report containing a description of how Hutchison \nWhampoa, a Chinese firm with ties to the Government of the People's \nRepublic of China, was selected to receive a grant for management \ncontrol of the Panamanian ports of Balboa and San Cristobal, located at \neither end of the Panama Canal, including whether or not the United \nStates Government--\n (1) had any information concerning the bid by Hutchison \n Whampoa to receive such grant;\n (2) provided adequate support to bids by United States \n firms for such grant; and\n (3) had any knowledge of ties that exist between Hutchison \n Whampoa and the Government of the People's Republic of China.\n (b) Report by the Secretary of Defense.--Not later than 60 days \nafter the date of the enactment of this Act, the Secretary of Defense \nshall prepare and submit to the Congress a report containing--\n (1) a description of the extent to which the control of the \n ports San Cristobal and Balboa in the Republic of Panama by \n Hutchison Whampoa, a Chinese firm with ties to the Government \n of the People's Republic of China, poses a threat to the \n security of the United States; and\n (2) a description of how the strategic interests of the \n United States with respect to the Panama Canal will continue to \n be protected after the Government of the Republic of Panama \n assumes sole responsibility for the defense of the Canal and \n becomes the only entity entitled to have military forces, \n defense sites, or military installations in Panama after \n December 31, 1999.\n (c) Reports by the Director of Central Intelligence.--Not later \nthan March 31 of each year, the Director of Central Intelligence, in \ncooperation with the heads of other appropriate Federal agencies, \nincluding the Director of the National Security Agency, the Director of \nthe Federal Bureau of Investigation, the Secretary of Defense, the \nSecretary of the Treasury, the Secretary of Commerce and the Secretary \nof State, shall prepare and submit to the Congress a report, in both \nclassified and unclassified form, on the intelligence activities of the \nPeople's Republic of China against or affecting United States interests \nin the Republic of Panama, including a description of--\n (1) the extent of political, military, and economic \n espionage by the People's Republic of China;\n (2) the extent of intelligence activities by the People's \n Republic of China designed to gain political influence;\n (3) efforts by the People's Republic of China to gain \n direct or indirect influence through commercial or \n noncommercial intermediaries subject to control by the People's \n Republic of China, including enterprises controlled by the \n People's Liberation Army; and\n (4) disinformation or press manipulation directed against \n the United States.\n (d) Report by the Director of the Office of National Drug Control \nPolicy.--Not later than 60 days after the date of the enactment of this \nAct, the Director of the Office of National Drug Control Policy shall \nprepare and submit to the Congress a report on the utility of \nmaintaining a military presence in the Republic of Panama for \ninterdicting illegal drugs.\n\nSEC. 5. RENEGOTIATION OF THE PANAMA CANAL TREATY.\n\n (a) Renegotiation of Existing Treaties; Negotiation of New \nTreaty.--The President is authorized and directed to confer with the \nGovernment of the Republic of Panama to renegotiate the terms of the \nPanama Canal Treaty and the Treaty Concerning the Neutrality and \nOperation of the Panama Canal, or to negotiate a new agreement to \nsupersede the such Treaties, for the purpose of providing for the \nsecurity of the Canal into the 21st Century.\n (b) Sense of the Congress.--It is the sense of the Congress that \nany negotiations conducted under subsection (a) should include the \nfollowing:\n (1) A ban on foreign government investment in, or \n management of, the Panama Canal and related projects or other \n infrastructure projects related to transit across the isthmus \n of Panama or through Panamanian territory.\n (2) The right to a continuing United States military \n presence in Panama to actively cooperate with Panama in the \n defense of the Panama Canal.\n (3) A continuing United States presence in Panama to \n actively cooperate with Panama in the interdiction and \n eradication of illegal drug trafficking through the territory \n of Panama or adjacent areas.\n (4) The right to control or prohibit the use of the Panama \n Canal by hostile powers, terrorist states, or criminal groups, \n by redefining the terms of the 1977 Treaty Concerning the \n Neutrality and Operation of the Panama Canal to apply only to \n its peaceful, non-belligerent use by states or entities other \n than the United States and Panama.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act:\n (1) Panama canal treaty.--The term ``Panama Canal Treaty'' \n means the Panama Canal Treaty between the United States and the \n Republic of Panama, signed at Washington on September 7, 1977 \n (33 UST 39).\n (2) Treaty concerning the permanent neutrality and \n operation of the panama canal.--The term ``Treaty Concerning \n the Permanent Neutrality and Operation of the Panama Canal'' \n means the Treaty Concerning the Permanent Neutrality and \n Operation of the Panama Canal between the United States and the \n Republic of Panama, signed at Washington on September 7, 1977 \n (33 UST 1).\n (3) United states assistance.--The term ``United States \n assistance means--\n (A) assistance under part I of the Foreign \n Assistance Act of 1961 (22 U.S.C. 2151 et \n seq.)(including programs under title IV of chapter 2 of \n such part; relating to the Overseas Private Investment \n Corporation), except that such term does not include \n humanitarian assistance;\n (B) assistance under chapter 2 of part II of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.; \n relating to military assistance), including the \n transfer of excess defense articles under section 516 \n of such Act;\n (C) assistance under chapter 5 of part II of the \n Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; \n relating to international military education and \n training);\n (D) assistance under the ``Foreign Military \n Financing Program'' under section 23 of the Arms Export \n Control Act (22 U.S.C. 2763);\n (E) the transfer of defense articles, defense \n services, or defense and construction services under \n Arms Export Control Act (22 U.S.C. 2751 et seq.), \n including defense articles and defense services \n licensed or approved for export under section 38 of \n such Act; or\n (F) financing under the Export-Import Bank Act of \n 1945.","summary":"United States-Panama Security Act of 1997 - Bars US assistance to Panama during any period in which a defense site or military installation located in Panama that was at any time part of a site or installation built or formerly operated by the United States has been conveyed by the Government of Panama to any foreign government-owned entity. Directs the President to instruct the US representatives to the international financial institutions to oppose any loans or other assistance to Panama during any such period. Requires the President to report to the Congress on how Hutchison Whampoa, a Chinese firm with ties to the Chinese Government, was selected to receive a grant for management control of the Panamanian ports of Balboa and San Cristobal. Directs the Secretary of Defense to report to the Congress on: (1) the extent to which the control of such ports by such firm poses a threat to US security. And (2) how US strategic interests with respect to the Panama Canal will continue to be protected after the Government of Panama assumes sole responsibility for the defense of the Canal and becomes the only entity entitled to have military forces, defense sites, or military installations in Panama after December 31, 1999. Requires: (1) the Director of Central Intelligence to report annually to the Congress on the intelligence activities of China against or affecting US interests in Panama. And (2) the Director of the Office of National Drug Control Policy to report to the Congress on the utility of maintaining a military presence in Panama for interdicting illegal drugs. Authorizes and directs the President to confer with the Government of Panama to renegotiate the terms of the Panama Canal Treaty and the Treaty Concerning the Neutrality and Operation of the Panama Canal or to negotiate a new agreement to supersede such treaties. Expresses the sense of the Congress that any negotiations should include: (1) a ban on foreign government investment in or management of the Canal and related projects. (2) the right to a continued US military presence in Panama and a continued presence to interdict and eradicate illegal drug trafficking through Panama. And (3) the right to control or prohibit the use of the Canal by hostile powers, terrorist states, or criminal groups by redefining the terms of the 1977 Treaty Concerning the Neutrality and Operation of the Panama Canal.","title":"United States-Panama Security Act of 1997","text_len":11589,"sum_len":2398} {"bill_id":"106_hr4862","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Religious Land Use and \nInstitutionalized Persons Act of 2000''.\n\nSEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.\n\n (a) Substantial Burdens.--\n (1) General rule.--No government shall impose or implement \n a land use regulation in a manner that imposes a substantial \n burden on the religious exercise of a person, including a \n religious assembly or institution, unless the government \n demonstrates that imposition of the burden on that person, \n assembly, or institution--\n (A) is in furtherance of a compelling governmental \n interest; and\n (B) is the least restrictive means of furthering \n that compelling governmental interest.\n (2) Scope of application.--This subsection applies in any \n case in which--\n (A) the substantial burden is imposed in a program \n or activity that receives Federal financial assistance, \n even if the burden results from a rule of general \n applicability;\n (B) the substantial burden affects, or removal of \n that substantial burden would affect, commerce with \n foreign nations, among the several States, or with \n Indian tribes, even if the burden results from a rule \n of general applicability; or\n (C) the substantial burden is imposed in the \n implementation of a land use regulation or system of \n land use regulations, under which a government makes, \n or has in place formal or informal procedures or \n practices that permit the government to make, \n individualized assessments of the proposed uses for the \n property involved.\n (b) Discrimination and Exclusion.--\n (1) Equal terms.--No government shall impose or implement a \n land use regulation in a manner that treats a religious \n assembly or institution on less than equal terms with a \n nonreligious assembly or institution.\n (2) Nondiscrimination.--No government shall impose or \n implement a land use regulation that discriminates against any \n assembly or institution on the basis of religion or religious \n denomination.\n (3) Exclusions and limits.--No government shall impose or \n implement a land use regulation that--\n (A) totally excludes religious assemblies from a \n jurisdiction; or\n (B) unreasonably limits religious assemblies, \n institutions, or structures within a jurisdiction.\n\nSEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.\n\n (a) General Rule.--No government shall impose a substantial burden \non the religious exercise of a person residing in or confined to an \ninstitution, as defined in section 2 of the Civil Rights of \nInstitutionalized Persons Act (42 U.S.C. 1997), even if the burden \nresults from a rule of general applicability, unless the government \ndemonstrates that imposition of the burden on that person--\n (1) is in furtherance of a compelling governmental \n interest; and\n (2) is the least restrictive means of furthering that \n compelling governmental interest.\n (b) Scope of Application.--This section applies in any case in \nwhich--\n (1) the substantial burden is imposed in a program or \n activity that receives Federal financial assistance; or\n (2) the substantial burden affects, or removal of that \n substantial burden would affect, commerce with foreign nations, \n among the several States, or with Indian tribes.\n\nSEC. 4. JUDICIAL RELIEF.\n\n (a) Cause of Action.--A person may assert a violation of this Act \nas a claim or defense in a judicial proceeding and obtain appropriate \nrelief against a government. Standing to assert a claim or defense \nunder this section shall be governed by the general rules of standing \nunder article III of the Constitution.\n (b) Burden of Persuasion.--If a plaintiff produces prima facie \nevidence to support a claim alleging a violation of the Free Exercise \nClause or a violation of section 2, the government shall bear the \nburden of persuasion on any element of the claim, except that the \nplaintiff shall bear the burden of persuasion on whether the law \n(including a regulation) or government practice that is challenged by \nthe claim substantially burdens the plaintiff's exercise of religion.\n (c) Full Faith and Credit.--Adjudication of a claim of a violation \nof section 2 in a non-Federal forum shall not be entitled to full faith \nand credit in a Federal court unless the claimant had a full and fair \nadjudication of that claim in the non-Federal forum.\n (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 \nU.S.C. 1988(b)) is amended--\n (1) by inserting ``the Religious Land Use and \n Institutionalized Persons Act of 2000,'' after ``Religious \n Freedom Restoration Act of 1993,''; and\n (2) by striking the comma that follows a comma.\n (e) Prisoners.--Nothing in this Act shall be construed to amend or \nrepeal the Prison Litigation Reform Act of 1995 (including provisions \nof law amended by that Act).\n (f) Authority of United States To Enforce This Act.--The United \nStates may bring an action for injunctive or declaratory relief to \nenforce compliance with this Act. Nothing in this subsection shall be \nconstrued to deny, impair, or otherwise affect any right or authority \nof the Attorney General, the United States, or any agency, officer, or \nemployee of the United States, acting under any law other than this \nsubsection, to institute or intervene in any proceeding.\n (g) Limitation.--If the only jurisdictional basis for applying a \nprovision of this Act is a claim that a substantial burden by a \ngovernment on religious exercise affects, or that removal of that \nsubstantial burden would affect, commerce with foreign nations, among \nthe several States, or with Indian tribes, the provision shall not \napply if the government demonstrates that all substantial burdens on, \nor the removal of all substantial burdens from, similar religious \nexercise throughout the Nation would not lead in the aggregate to a \nsubstantial effect on commerce with foreign nations, among the several \nStates, or with Indian tribes.\n\nSEC. 5. RULES OF CONSTRUCTION.\n\n (a) Religious Belief Unaffected.--Nothing in this Act shall be \nconstrued to authorize any government to burden any religious belief.\n (b) Religious Exercise Not Regulated.--Nothing in this Act shall \ncreate any basis for restricting or burdening religious exercise or for \nclaims against a religious organization, including any religiously \naffiliated school or university, not acting under color of law.\n (c) Claims to Funding Unaffected.--Nothing in this Act shall create \nor preclude a right of any religious organization to receive funding or \nother assistance from a government, or of any person to receive \ngovernment funding for a religious activity, but this Act may require a \ngovernment to incur expenses in its own operations to avoid imposing a \nsubstantial burden on religious exercise.\n (d) Other Authority To Impose Conditions on Funding Unaffected.--\nNothing in this Act shall--\n (1) authorize a government to regulate or affect, directly \n or indirectly, the activities or policies of a person other \n than a government as a condition of receiving funding or other \n assistance; or\n (2) restrict any authority that may exist under other law \n to so regulate or affect, except as provided in this Act.\n (e) Governmental Discretion in Alleviating Burdens on Religious \nExercise.--A government may avoid the preemptive force of any provision \nof this Act by changing the policy or practice that results in a \nsubstantial burden on religious exercise, by retaining the policy or \npractice and exempting the substantially burdened religious exercise, \nby providing exemptions from the policy or practice for applications \nthat substantially burden religious exercise, or by any other means \nthat eliminates the substantial burden.\n (f) Effect on Other Law.--With respect to a claim brought under \nthis Act, proof that a substantial burden on a person's religious \nexercise affects, or removal of that burden would affect, commerce with \nforeign nations, among the several States, or with Indian tribes, shall \nnot establish any inference or presumption that Congress intends that \nany religious exercise is, or is not, subject to any law other than \nthis Act.\n (g) Broad Construction.--This Act shall be construed in favor of a \nbroad protection of religious exercise, to the maximum extent permitted \nby the terms of this Act and the Constitution.\n (h) No Preemption or Repeal.--Nothing in this Act shall be \nconstrued to preempt State law, or repeal Federal law, that is equally \nas protective of religious exercise as, or more protective of religious \nexercise than, this Act.\n (i) Severability.--If any provision of this Act or of an amendment \nmade by this Act, or any application of such provision to any person or \ncircumstance, is held to be unconstitutional, the remainder of this \nAct, the amendments made by this Act, and the application of the \nprovision to any other person or circumstance shall not be affected.\n\nSEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.\n\n Nothing in this Act shall be construed to affect, interpret, or in \nany way address that portion of the first amendment to the Constitution \nprohibiting laws respecting an establishment of religion (referred to \nin this section as the ``Establishment Clause''). Granting government \nfunding, benefits, or exemptions, to the extent permissible under the \nEstablishment Clause, shall not constitute a violation of this Act. In \nthis section, the term ``granting'', used with respect to government \nfunding, benefits, or exemptions, does not include the denial of \ngovernment funding, benefits, or exemptions.\n\nSEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.\n\n (a) Definitions.--Section 5 of the Religious Freedom Restoration \nAct of 1993 (42 U.S.C. 2000bb-2) is amended--\n (1) in paragraph (1), by striking ``a State, or a \n subdivision of a State'' and inserting ``or of a covered \n entity'';\n (2) in paragraph (2), by striking ``term'' and all that \n follows through ``includes'' and inserting ``term `covered \n entity' means''; and\n (3) in paragraph (4), by striking all after ``means'' and \n inserting ``religious exercise, as defined in section 8 of the \n Religious Land Use and Institutionalized Persons Act of \n 2000.''.\n (b) Conforming Amendment.--Section 6(a) of the Religious Freedom \nRestoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking \n``and State''.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Claimant.--The term ``claimant'' means a person raising \n a claim or defense under this Act.\n (2) Demonstrates.--The term ``demonstrates'' means meets \n the burdens of going forward with the evidence and of \n persuasion.\n (3) Free exercise clause.--The term ``Free Exercise \n Clause'' means that portion of the first amendment to the \n Constitution that proscribes laws prohibiting the free exercise \n of religion.\n (4) Government.--The term ``government''--\n (A) means--\n (i) a State, county, municipality, or other \n governmental entity created under the authority \n of a State;\n (ii) any branch, department, agency, \n instrumentality, or official of an entity \n listed in clause (i); and\n (iii) any other person acting under color \n of State law; and\n (B) for the purposes of sections 4(b) and 5, \n includes the United States, a branch, department, \n agency, instrumentality, or official of the United \n States, and any other person acting under color of \n Federal law.\n (5) Land use regulation.--The term ``land use regulation'' \n means a zoning or landmarking law, or the application of such a \n law, that limits or restricts a claimant's use or development \n of land (including a structure affixed to land), if the \n claimant has an ownership, leasehold, easement, servitude, or \n other property interest in the regulated land or a contract or \n option to acquire such an interest.\n (6) Program or activity.--The term ``program or activity'' \n means all of the operations of any entity described in \n paragraph (1) or (2) of section 606 of the Civil Rights Act of \n 1964 (42 U.S.C. 2000d-4a).\n (7) Religious exercise.--\n (A) In general.--The term ``religious exercise'' \n includes any exercise of religion, whether or not \n compelled by, or central to, a system of religious \n belief.\n (B) Rule.--The use, building, or conversion of real \n property for the purpose of religious exercise shall be \n considered to be religious exercise of the person or \n entity that uses or intends to use the property for \n that purpose.","summary":"Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest. And (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 .","title":"Religious Land Use and Institutionalized Persons Act of 2000","text_len":13865,"sum_len":617} {"bill_id":"109_hr4281","text":"SECTION 1. COMPLIANCE WITH TARIFF ACT OF 1930.\n\n (a) Definitions.--Section 801 of the Tariff Act of 1930 (19 U.S.C. \n1681) is amended by adding at the end the following:\n ``(3) Delivery sale.--The term `delivery sale' means any \n sale of cigarettes or a smokeless tobacco product to a consumer \n if--\n ``(A) the consumer submits the order for such sale \n by means of a telephone or other method of voice \n transmission, the mail, or the Internet or other online \n service, or the seller is otherwise not in the physical \n presence of the buyer when the request for purchase or \n order is made; or\n ``(B) the cigarettes or smokeless tobacco product \n is delivered by use of a common carrier, private \n delivery service, or the mail, or the seller is not in \n the physical presence of the buyer when the buyer \n obtains personal possession of the delivered cigarettes \n or smokeless tobacco product.\n ``(4) Indian tribe.--The terms `Indian tribe' and `tribal' \n refer to an Indian tribe as defined in the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b(e)) \n or as listed pursuant to section 104 of the Federally \n Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).''.\n (b) Inapplicability of Exemptions From Requirements for Entry of \nCertain Cigarettes and Smokeless Tobacco Products.--Section 802(b)(1) \nof the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended by adding \nat the end the following new sentence: ``The preceding sentence shall \nnot apply to any cigarettes or smokeless tobacco products sold in \nconnection with a delivery sale.''.\n (c) State Access to Customs Certifications.--Section 802 of that \nAct is further amended by adding at the end the following new \nsubsection:\n ``(d) State Access to Customs Certifications.--A State, through its \nAttorney General, shall be entitled to obtain copies of any \ncertification required under subsection (c) directly--\n ``(1) upon request to the agency of the United States \n responsible for collecting such certification; or\n ``(2) upon request to the importer, manufacturer, or \n authorized official of such importer or manufacturer.''.\n (d) Enforcement Provisions.--Section 803 of that Act (19 U.S.C. \n1681b) is amended--\n (1) in subsection (b)--\n (A) in the first sentence, by inserting before the \n period the following: ``, or to any State in which such \n tobacco product, cigarette papers, or tube is found''; \n and\n (B) in the second sentence, by inserting ``, or to \n any State,'' after ``the United States''; and\n (2) by adding at the end the following new subsection:\n ``(c) Actions by States and Others.--\n ``(1) In general.--Any person who holds a permit under \n chapter 52 of the Internal Revenue Code of 1986 may bring an \n action in the United States district courts against any person, \n other than a State, local, or tribal government, to prevent and \n restrain violations of this title--\n ``(A) by that person; or\n ``(B) by another person controlled by that person.\n ``(2) Relief for state and local governments.--A State, \n acting through its attorney general, or a local government, \n acting through its chief law enforcement officer (or a designee \n thereof), may bring a civil action under this title against any \n person--\n ``(A) to prevent and restrain violations of this \n title--\n ``(i) by that person; or\n ``(ii) by another person controlled by that \n person; or\n ``(B) to obtain any other appropriate relief for \n violations of this title--\n ``(i) by that person, or\n ``(ii) by another person controlled by that \n person,\n including civil penalties, money damages, and \n injunctive or other equitable relief.\n ``(3) Construction generally.--\n ``(A) In general.--Nothing in this subsection shall \n be deemed to abrogate or constitute a waiver of any \n sovereign immunity of a State or local government or an \n Indian tribe against any unconsented lawsuit under this \n title or to otherwise restrict, expand, or modify any \n sovereign immunity of a State or local government or an \n Indian tribe.\n ``(B) Construction with other relief.--The remedies \n available under this subsection are in addition to any \n other remedies available under Federal, State, local, \n or other law.\n ``(4) Construction with forfeiture provisions.--Nothing in \n this subsection shall be construed to require a State to first \n bring an action under paragraph (2) when pursuing relief under \n subsection (b).\n ``(d) Construction With State Authorities.--Nothing in this title \nshall be construed to expand, restrict, or otherwise modify the right \nof an authorized State official from proceeding in any State court, or \ntaking other enforcement actions, on the basis of alleged violation of \nState or other law.''.\n (e) Inclusion of Smokeless Tobacco.--\n (1) Sections 802 and 803(a) of that Act (other than the \n last sentence of section 802(b)(1), as added by subsection (b) \n of this section) are further amended by inserting ``or \n smokeless tobacco products'' after ``cigarettes'' each place it \n appears.\n (2) Section 802 of such Act is further amended--\n (A) in subsection (a)--\n (i) in paragraph (1), by inserting ``or \n section 4 of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4403), as the case may be'' after ``section 7 \n of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1335a)'';\n (ii) in paragraph (2), by inserting ``or \n section 3 of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4402), as the case may be,'' after ``section 4 \n of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1333)''; and\n (iii) in paragraph (3), by inserting ``or \n section 3(d) of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4402(d)), as the case may be,'' after ``section \n 4(c) of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1333(c))'';\n (B) in subsection (b)--\n (i) in the paragraph caption of paragraph \n (1), by inserting ``or smokeless tobacco'' \n after ``cigarettes''; and\n (ii) in the paragraph caption of paragraphs \n (2) and (3), by inserting ``or smokeless \n tobacco'' after ``cigarettes''; and\n (C) in subsection (c)--\n (i) in the subsection caption, by inserting \n ``or Smokeless Tobacco'' after ``Cigarette'';\n (ii) in paragraph (1), by inserting ``or \n section 4 of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4403), as the case may be'' after ``section 7 \n of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1335a)'';\n (iii) in paragraph (2)(A), by inserting \n ``or section 3 of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4402), as the case may be,'' after ``section 4 \n of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1333)''; and\n (iv) in paragraph (2)(B), by inserting ``or \n section 3(d) of the Comprehensive Smokeless \n Tobacco Health Education Act of 1986 (15 U.S.C. \n 4402(d)), as the case may be'' after ``section \n 4(c) of the Federal Cigarette Labeling and \n Advertising Act (15 U.S.C. 1333(c))''.\n (3) Section 803(b) of that Act, as amended by subsection \n (d)(1) of this section, is further amended by inserting ``, or \n any smokeless tobacco product,'' after ``or tube'' the first \n place it appears.\n (4)(A) The heading of title VIII of such Act is amended by \n inserting ``AND SMOKELESS TOBACCO'' after ``CIGARETTES''.\n (B) The heading of section 802 of such Act is amended by \n inserting ``and smokeless tobacco'' after ``cigarettes''.\n\nSEC. 2. APPLICATION OF CIVIL PENALTIES TO RELANDINGS OF TOBACCO \n PRODUCTS SOLD IN A DELIVERY SALE.\n\n (a) In General.--Section 5761 of the Internal Revenue Code of 1986 \n(relating to civil penalties) is amended by redesignating subsections \n(d) and (e) as subsections (e) and (f), respectively, and inserting \nafter subsection (c) the following new subsection:\n ``(d) Personal Use Quantities.--\n ``(1) In general.--No quantity of tobacco products other \n than the quantity referred to in paragraph (2) may be relanded \n or received as a personal use quantity.\n ``(2) Exception for personal use quantity.--Subsection (c) \n and section 5754 shall not apply to any person who relands or \n receives tobacco products in the quantity allowed entry free of \n tax and duty under chapter 98 of the Harmonized Tariff Schedule \n of the United States, and such person may voluntarily \n relinquish to the Secretary at the time of entry any excess of \n such quantity without incurring the penalty under subsection \n (c).\n ``(3) Special rule for delivery sales.--\n ``(A) In general.--Paragraph (2) shall not apply to \n any tobacco product sold in connection with a delivery \n sale.\n ``(B) Delivery sale.--For purposes of subparagraph \n (A), the term `delivery sale' means any sale of a \n tobacco product to a consumer if--\n ``(i) the consumer submits the order for \n such sale by means of a telephone or other \n method of voice transmission, the mail, or the \n Internet or other online service, or the seller \n is otherwise not in the physical presence of \n the buyer when the request for purchase or \n order is made, or\n ``(ii) the tobacco product is delivered by \n use of a common carrier, private delivery \n service, or the mail, or the seller is not in \n the physical presence of the buyer when the \n buyer obtains personal possession of the \n tobacco product.''.\n (b) Conforming Amendments.--\n (1) Subsection (c) of section 5761 of such Code is amended \n by striking the last two sentences.\n (2) Paragraph (1) of section 5754(c) of such Code is \n amended by striking ``section 5761(c)'' and inserting ``section \n 5761(d)''.","summary":"Amends the Tariff Act of 1930 to define delivery sale of a tobacco product as any sale of cigarettes or a smokeless tobacco product to a consumer if: (1) the consumer submits the purchase order by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the buyer's physical presence when the purchase request or order is made. Or (2) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the buyer's physical presence when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product. Makes the personal use exemption from tobacco import requirements inapplicable to cigarettes or smokeless tobacco products sold in connection with a delivery sale. Allows states access to copies of Customs Service certifications required for cigarette imports. Permits any tobacco product, cigarette papers, or tube found in violation of the Act to be forfeited for destruction to any state in which it is found. Authorizes persons who hold permits under the Internal Revenue Code concerning tobacco products, cigarette papers, and tubes to bring an action in the US district courts against any person, other than a state, local, or tribal government, to prevent and restrain violations of the Act. Authorizes state and local governments to bring civil actions for prevention or restraint against persons who violate the Act. Subjects smokeless tobacco products to the same entry requirements and enforcement mechanisms as apply to certain cigarettes under the Act. Amends the Internal Revenue Code to impose civil penalties against persons for relanding, except for personal use, tobacco products sold in a delivery sale.","title":"To amend the Tariff Act of 1930 and the Internal Revenue Code of 1986 relating to importation of tobacco products.","text_len":12443,"sum_len":1824} {"bill_id":"115_hr872","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Disclosure; and Encouragement of \nVerification, Innovation, Cleaning, and Efficiency Act of 2017'' or the \n``DEVICE Act of 2017''.\n\nSEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION \n CHANGES.\n\n (a) Adulteration.--Section 501 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph \n(j) the following:\n ``(k) If it is a device with respect to which the manufacturer is \nin violation of the reporting requirement in section 510(q) (relating \nto design and reprocessing changes).''.\n (b) Requirement.--Section 510 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360) is amended by adding at the end the \nfollowing:\n ``(q) Reporting Requirement for Device Design Changes.--Before \nmaking a change to the design of a device, or the reprocessing \ninstructions of a device, that is marketed in interstate commerce, the \nmanufacturer of the device shall give written notice of the change to \nthe Food and Drug Administration.''.\n\nSEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN \n HEALTH CARE PROVIDERS.\n\n (a) Adulteration.--Section 501 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is \nfurther amended by inserting after paragraph (k) the following:\n ``(l) If it is a device with respect to which the manufacturer is \nin violation of the reporting requirement in section 510(r) (relating \nto communications to foreign health care providers).''.\n (b) Requirement.--Section 510 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is \nfurther amended by adding at the end the following:\n ``(r) Reporting Requirement for Certain Communications to Foreign \nHealth Care Providers.--\n ``(1) Requirement.--The manufacturer of a device that is \n marketed in interstate commerce shall give written notice to \n the Food and Drug Administration of any communication described \n in paragraph (2) not more than 5 calendar days after making \n such communication.\n ``(2) Communication described.--A communication is \n described in this paragraph if the communication--\n ``(A) is made by the manufacturer of the device or \n an affiliate of the manufacturer;\n ``(B) relates to a change to the design of the \n device, a change to the recommended reprocessing \n protocols, if any, for the device, or a safety concern \n about the device; and\n ``(C) is widely disseminated (including on a \n voluntary basis) to health care providers in a foreign \n country.\n ``(3) Affiliate.--In this subsection, the term `affiliate' \n means a business entity that has a relationship with a second \n business entity if, directly or indirectly--\n ``(A) one business entity controls, or has the \n power to control, the other business entity; or\n ``(B) a third party controls, or has the power to \n control, both of the business entities.''.\n\nSEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING.\n\n (a) Inclusion in Device Definition.--Section 201 of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 321) is amended--\n (1) in paragraph (h)--\n (A) in subparagraph (2), by striking ``or'' at the \n end;\n (B) in subparagraph (3), by striking ``and'' at the \n end and inserting ``or''; and\n (C) by inserting after subparagraph (3) the \n following:\n ``(4) a rapid assessment test intended to ensure the proper \n reprocessing of a reusable device (as defined in paragraph \n (ss)), and''; and\n (2) by adding at the end the following:\n ``(ss) The term `reusable device' means a device that--\n ``(1) is intended to be used more than one time; and\n ``(2) must be sanitized (whether through cleaning, \n disinfection, or sterilization) to ensure that the device is \n safe and effective for such intended use.''.\n (b) Instructions for Use and Validation Data.--Section 510 of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by \nsections 2 and 3 of this Act, is further amended by adding at the end \nthe following:\n ``(s) Instructions for Use and Validation Data.--\n ``(1) Initial list.--Not later than 1 year after the date \n of enactment of this subsection, the Secretary shall by \n regulation develop and publish a list of types of rapid \n assessment tests described in section 201(h)(4) for which \n reports under subsection (k) must include--\n ``(A) instructions for use that have been validated \n in a manner specified by the Secretary; and\n ``(B) validation data, of the types specified by \n the Secretary.\n ``(2) Updates.--The Secretary shall by regulation \n periodically update the list required by paragraph (1).\n ``(3) Enforcement.--Beginning on the date of publication of \n the initial list under paragraph (1), the Secretary shall not \n accept any notification under subsection (k) for clearance of a \n type of rapid assessment test that is included on such list \n unless such notification includes instructions for use and \n validation data in accordance with paragraph (1).''.","summary":"Disclosure. And Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017 or the DEVICE Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require medical device manufacturers to notify the Food and Drug Administration (FDA): (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. A device may not be sold if the manufacturer violates these notification requirements. Rapid assessment tests intended to ensure the proper reprocessing of reusable medical devices are defined as medical devices. The FDA must publish a list of the types of rapid assessment tests for which premarket notification must include validated instructions for use and validation data.","title":"Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017","text_len":5738,"sum_len":967} {"bill_id":"103_hr4184","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Full Employment Opportunity and \nInfrastructure Improvement Act of 1994''.\n\nSEC. 2. PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM.\n\n (a) In General.--The Job Training Partnership Act (29 U.S.C. 1501 \net seq.) (in this Act referred to as ``the Act'') is amended by adding \nat the end the following new title:\n\n ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM\n\n``SEC. 801. FINDINGS AND PURPOSES.\n\n ``(a) Findings.--The Congress finds that--\n ``(1) restoring the competitiveness and enhancing the \n productivity of the United States will require that all workers \n possess basic job and educational skills; and\n ``(2) an investment in human capital will have a \n substantial impact on increasing productivity in the United \n States.\n ``(b) Purposes.--The purposes of this title are to establish a \npublic works and public service job training program designed--\n ``(1) to provide on-the-job training opportunities for \n hard-to-employ individuals; and\n ``(2) to improve infrastructure and public sector service \n delivery.\n\n``SEC. 802. ALLOTMENT AND ALLOCATION.\n\n ``(a) Allotment to States.--Of the amount appropriated under \nsection 3(g) for each fiscal year and available to carry out this \ntitle, the Secretary shall allot such amount to the States for \nallocation to service delivery areas within each State.\n ``(b) Allocation to Service Delivery Areas.--Of the amount allotted \nto a State under subsection (a) for a fiscal year, the Governor shall \nallocate such amount to service delivery areas in such State in \naccordance with the criteria contained in subparagraphs (A) through (C) \nof section 202(b)(1).\n ``(c) Reallotment.--\n ``(1) In general.--Not later than 60 days after the end of \n each program year, the Secretary shall, in accordance with the \n requirements of this subsection, reallot to eligible States \n amounts appropriated for such program year that are available \n for reallotment under paragraph (2).\n ``(2) Amount.--The amount available for reallotment is \n equal to the amount by which the unobligated balance of the \n State allotment under subsection (a) for all States at the end \n of the program year prior to the program year for which the \n determination under this subsection is made exceeds 20 percent \n of such allotment for that prior program year.\n ``(3) Eligible states defined.--For purposes of this \n subsection, the term `eligible States' means States that \n demonstrate progress toward achieving the objectives of this \n title and that require additional funds in order to accomplish \n such objectives, as determined by the Secretary.\n\n``SEC. 803. USE OF FUNDS.\n\n ``(a) In General.--A service delivery area shall use amounts \nallocated under section 802 to establish a public works and public \nservice job training program under which eligible individuals \nparticipate in job projects in accordance with this title.\n ``(b) Conduct of Program.--In carrying out the program established \nunder subsection (a), the service delivery area shall--\n ``(1) prepare a plan for the establishment and conduct of \n job projects pursuant to criteria prescribed by the Secretary;\n ``(2) submit such plan to the Secretary for review and \n approval;\n ``(3) provide for an objective assessment of the skill \n levels and service needs of each participant to determine the \n appropriate job project for each such participant;\n ``(4) provide participants with limited English speaking \n ability such instruction as the service delivery area considers \n appropriate;\n ``(5) use objective measures to monitor the success or \n failure of the participant in the job project and maintain \n records on each participant;\n ``(6) conduct outreach activities to attract eligible \n individuals;\n ``(7) provide pre-employment skills and work responsibility \n training;\n ``(8) provide each participant with--\n ``(A) information about and referrals to pre-\n college and adult continuing education and related \n training programs;\n ``(B) appropriate social services, including \n information relating to educational programs; and\n ``(C) information about programs and services \n provided by the State apprenticeship council;\n ``(9) establish a job counseling and job placement service \n to assist each participant in obtaining employment upon \n completion of the job project, including the training-related \n placement of minorities in nontraditional employment and \n apprenticeships; and\n ``(10) prepare and submit an annual report to the Secretary \n on the activities of the service delivery area with respect to \n the program.\n ``(c) Job Project Requirements.--Each job project shall meet the \nfollowing requirements:\n ``(1) Each job project shall be capable of completion \n within 24 months.\n ``(2) Each job project shall provide for on-the-job \n training and employment of eligible individuals, including the \n training of minorities in nontraditional employment.\n ``(3) A participant who has not received a high school \n diploma or its equivalent shall, in order to continue \n employment in the project, maintain satisfactory progress \n toward receiving a high school diploma or its equivalent.\n ``(d) Personnel.--A service delivery area shall--\n ``(1) employ an administrator and support personnel \n sufficient to carry out the program established under \n subsection (a); and\n ``(2) select a project manager for each job project \n assisted under this title, in accordance with criteria \n established by the Secretary.\n ``(e) Progress Reports.--The administrator shall prepare and submit \nto the private industry council of the service delivery area monthly \nprogress reports on the job projects.\n ``(f) Administrative Costs.--Not more than 10 percent of amounts \nallocated under section 802 to a service delivery area for a fiscal \nyear may be used for administrative expenses in carrying out the \nprogram established under subsection (a).\n ``(g) Criteria Relating to Profit or Loss of Employers.--The \nSecretary shall develop criteria to be used by each private industry \ncouncil to evaluate the projected profit or loss of an employer with \nrespect to a job project carried out by such employer.\n ``(h) Job Project Defined.--For purposes of this title, the term \n`job project' means--\n ``(1) the construction, renovation, repair, or other \n improvement, and maintenance of a public building or other \n public facility (including a surface transportation, aviation, \n water resources, solid waste management, or drinking water \n facility) with commercial, industrial, public, service, or \n other value, or\n ``(2) work in such fields as environmental quality, health \n care, education, public safety, crime prevention and control, \n prison rehabilitation, transportation, recreation, maintenance \n of parks, streets, and other public facilities, solid waste \n removal, pollution control, housing and neighborhood \n improvements, rural development, conservation, beautification, \n and other fields of human betterment and community improvement,\nthat will be carried out by a public agency or a private nonprofit \norganization and would not otherwise be conducted with existing funds.\n\n``SEC. 804. ELIGIBLE INDIVIDUALS.\n\n ``(a) In General.--Subject to the limitations in subsection (b), an \nindividual shall be eligible to participate in a job project under this \ntitle if such individual--\n ``(1)(A) has a high school diploma or its equivalent; or\n ``(B) is enrolled in a program which leads to a high school \n diploma or its equivalent and is making substantial progress \n toward such diploma or equivalent;\n ``(2) is at least 18 years of age;\n ``(3) has resided in the service delivery area for at least \n 60 consecutive days prior to applying for employment under the \n job project; and\n ``(4)(A) has been unemployed for at least 35 consecutive \n days prior to applying for such employment;\n ``(B) sought employment during such 35-day period; and\n ``(C) provides assurances that he or she will continue to \n seek employment during the last 6 months of the job project.\n ``(b) Limitations.--\n ``(1) Maximum income.--An individual whose income from all \n sources for the year preceding the year in which the \n determination of employment under the job project is made is \n equal to or greater than 150 percent of the official poverty \n line (as defined by the Office of Management and Budget, and \n revised annually in accordance with section 673(2) of the \n Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) \n shall not be eligible to participate in a job project under \n this title.\n ``(2) Retirement benefits.--An individual eligible for \n retirement benefits under the Social Security Act (42 U.S.C. \n 301 et seq.), under any retirement system for Federal \n Government employees, under the railroad retirement system, \n under the military retirement system, or under any private \n pension program shall not be eligible to participate in a job \n project under this title.\n\n``SEC. 805. WAGES AND BENEFITS AND SUPPORTIVE SERVICES.\n\n ``(a) Wages and Benefits.--Notwithstanding section 141(k), each \nparticipant in a job project under this title shall receive the \nfollowing:\n ``(1) Wages in an amount equal to--\n ``(A) the wages described in section 143(d) with \n respect to laborers and mechanics described in such \n section; or\n ``(B) in cases where subparagraph (A) does not \n apply, wages equal to the higher of--\n ``(i) the minimum wage established under \n section 6(a)(1) of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 206(a)(1)); or\n ``(ii) the minimum wage established under \n the applicable State minimum wage law.\n ``(2) Benefits and employment conditions comparable to the \n benefits and conditions provided to other employees employed in \n similar occupations by a comparable employer, as determined by \n the private industry council.\n ``(b) Supportive Services.--Each service delivery area shall make \navailable to each participant in a job project under this title \nappropriate supportive services to enable a participant to work.\n\n``SEC. 806. WAIVER AUTHORITY.\n\n ``The service delivery area may waive the education requirement \nunder section 803(c)(3) with respect to a participant in a job project.\n\n``SEC. 807. LINKAGES.\n\n ``In carrying out the program under this title, each service \ndelivery area shall establish appropriate linkages with other \nappropriate programs, including programs under titles II and III and \nany other provision of this Act, to avoid duplication and enhance the \ndelivery of services.''.\n (b) Authorization of Appropriations.--Section 3 of the Act (29 \nU.S.C. 1502) is amended by adding at the end the following new \nsubsection:\n ``(g) There are authorized to be appropriated such sums as may be \nnecessary to carry out title VIII.''.\n (c) Conforming Amendment.--The table of contents of the Act is \namended by adding at the end the following new items:\n\n ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM\n\n``Sec. 801. Findings and purposes.\n``Sec. 802. Allotment and allocation.\n``Sec. 803. Use of funds.\n``Sec. 804. Eligible individuals.\n``Sec. 805. Wages and benefits and supportive services.\n``Sec. 806. Waiver authority.\n``Sec. 807. Linkages.''.\n\nSEC. 3. REQUIREMENT THAT STATE APPRENTICESHIP COUNCIL REPRESENTATIVE BE \n MEMBER OF PRIVATE INDUSTRY COUNCIL.\n\n Paragraph (3) of section 102(a) of the Act (29 U.S.C. 1512(a)(3)) \nis amended by adding at the end the following new subparagraph:\n ``(F) The State apprenticeship council.''.","summary":"Full Employment Opportunity and Infrastructure Improvement Act of 1994 - Amends the Job Training Partnership Act to establish a public works and public service job training program. Sets forth provisions for allotment to States, allocation to service delivery areas, program conduct and project requirements, individual eligibility, wages, benefits, and supportive services, waiver of education requirements, and linkages to other programs. Requires that private industry councils include representatives of the State apprenticeship council.","title":"Full Employment Opportunity and Infrastructure Improvement Act of 1994","text_len":12880,"sum_len":541} {"bill_id":"115_hr909","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Pet and Women Safety Act of 2017''.\n\nSEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND \n STALKING.\n\n (a) Interstate Stalking.--Section 2261A of title 18, United States \nCode, is amended--\n (1) in paragraph (1)(A)--\n (A) in clause (ii), by striking ``or'' at the end; \n and\n (B) by inserting after clause (iii) the following:\n ``(iv) the pet of that person; or''; and\n (2) in paragraph (2)(A)--\n (A) by inserting after ``to a person'' the \n following: ``or a pet''; and\n (B) by striking ``or (iii)'' and inserting ``(iii), \n or (iv)''.\n (b) Interstate Violation of Protection Order.--Section 2262 of \ntitle 18, United States Code, is amended--\n (1) in subsection (a)--\n (A) in paragraph (1), by inserting after ``another \n person'' the following: ``or the pet of that person''; \n and\n (B) in paragraph (2), by inserting after \n ``proximity to, another person'' the following ``or the \n pet of that person''; and\n (2) in subsection (b)(5), by inserting after ``in any other \n case,'' the following: ``including any case in which the \n offense is committed against a pet,''.\n (c) Restitution To Include Veterinary Services.--Section 2264 of \ntitle 18, United States Code, is amended in subsection (b)(3)--\n (1) by redesignating subparagraph (F) as subparagraph (G);\n (2) in subparagraph (E), by striking ``and'' at the end; \n and\n (3) by inserting after subparagraph (E) the following:\n ``(F) veterinary services relating to physical care \n for the victim's pet; and''.\n (d) Pet Defined.--Section 2266 of title 18, United States Code, is \namended by inserting after paragraph (10) the following:\n ``(11) Pet.--The term `pet' means a domesticated animal, \n such as a dog, cat, bird, rodent, fish, turtle, horse, or other \n animal that is kept for pleasure rather than for commercial \n purposes.''.\n\nSEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE \n GRANT PROGRAM.\n\n (a) In General.--The Secretary of Agriculture (hereinafter in this \nsection referred to as the ``Secretary''), acting in consultation with \nthe Office of the Violence Against Women of the Department of Justice, \nthe Secretary of Housing and Urban Development, and the Secretary of \nHealth and Human Services, shall award grants under this section to \neligible entities to carry out programs to provide the assistance \ndescribed in subsection (c) with respect to victims of domestic \nviolence, dating violence, sexual assault, or stalking and the pets of \nsuch victims.\n (b) Application.--\n (1) In general.--An eligible entity seeking a grant under \n this section shall submit an application to the Secretary at \n such time, in such manner, and containing such information as \n the Secretary may reasonably require, including--\n (A) a description of the activities for which a \n grant under this section is sought;\n (B) such assurances as the Secretary determines to \n be necessary to ensure compliance by the entity with \n the requirements of this section; and\n (C) a certification that the entity, before \n engaging with any individual domestic violence victim, \n will disclose to the victim any mandatory duty of the \n entity to report instances of abuse and neglect \n (including instances of abuse and neglect of pets).\n (2) Additional requirements.--In addition to the \n requirements of paragraph (1), each application submitted by an \n eligible entity under that paragraph shall--\n (A) not include proposals for any activities that \n may compromise the safety of a domestic violence \n victim, including--\n (i) background checks of domestic violence \n victims; or\n (ii) clinical evaluations to determine the \n eligibility of such a victim for support \n services;\n (B) not include proposals that would require \n mandatory services for victims or that a victim obtain \n a protective order in order to receive proposed \n services; and\n (C) reflect the eligible entity's understanding of \n the dynamics of domestic violence, dating violence, \n sexual assault, or stalking.\n (3) Rules of construction.--Nothing in this subsection \n shall be construed to require--\n (A) domestic violence victims to participate in the \n criminal justice system in order to receive services; \n or\n (B) eligible entities receiving a grant under this \n section to breach client confidentiality.\n (c) Use of Funds.--Grants awarded under this section may only be \nused for programs that provide--\n (1) emergency and transitional shelter and housing \n assistance for domestic violence victims with pets, including \n assistance with respect to any construction or operating \n expenses of newly developed or existing emergency and \n transitional pet shelter and housing (regardless of whether \n such shelter and housing is co-located at a victim service \n provider or within the community);\n (2) short-term shelter and housing assistance for domestic \n violence victims with pets, including assistance with respect \n to expenses incurred for the temporary shelter, housing, \n boarding, or fostering of the pets of domestic violence victims \n and other expenses that are incidental to securing the safety \n of such a pet during the sheltering, housing, or relocation of \n such victims;\n (3) support services designed to enable a domestic violence \n victim who is fleeing a situation of domestic violence, dating \n violence, sexual assault, or stalking to--\n (A) locate and secure--\n (i) safe housing with the victim's pet; or\n (ii) safe accommodations for the victim's \n pet; or\n (B) provide the victim with pet-related services, \n such as pet transportation, pet care services, and \n other assistance; or\n (4) for the training of relevant stakeholders on--\n (A) the link between domestic violence, dating \n violence, sexual assault, or stalking and the abuse and \n neglect of pets;\n (B) the needs of domestic violence victims;\n (C) best practices for providing support services \n to such victims;\n (D) best practices for providing such victims with \n referrals to victims' services; and\n (E) the importance of confidentiality.\n (d) Grant Conditions.--An eligible entity that receives a grant \nunder this section shall, as a condition of such receipt, agree--\n (1) to be bound by the nondisclosure of confidential \n information requirements of section 40002(b)(2) of the Violence \n Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and\n (2) that the entity shall not condition the receipt of \n support, housing, or other benefits provided pursuant to this \n section on the participation of domestic violence victims in \n any or all of the support services offered to such victims \n through a program carried out by the entity using grant funds.\n (e) Duration of Assistance Provided to Victims.--\n (1) In general.--Subject to paragraph (2), assistance \n provided with respect to a pet of a domestic violence victim \n using grant funds awarded under this section shall be provided \n for a period of not more than 24 months.\n (2) Extension.--An eligible entity that receives a grant \n under this section may extend the 24-month period referred to \n in paragraph (1) for a period of not more than 6 months in the \n case of a domestic violence victim who--\n (A) has made a good faith effort to acquire \n permanent housing for the victim's pet during that 24-\n month period; and\n (B) has been unable to acquire such permanent \n housing within that period.\n (f) Report to the Secretary.--Not later than 1 year after the date \non which an eligible entity receives a grant under this section and \neach year thereafter, the entity shall submit to the Secretary a report \nthat contains, with respect to assistance provided by the entity to \ndomestic violence victims with pets using grant funds received under \nthis section, information on--\n (1) the number of domestic violence victims with pets \n provided such assistance; and\n (2) the purpose, amount, type of, and duration of such \n assistance.\n (g) Report to Congress.--\n (1) Reporting requirement.--Not later than November 1 of \n each even-numbered fiscal year, the Secretary shall submit to \n the Committee on Agriculture of the House of Representatives \n and the Committee on Agriculture, Nutrition, and Forestry of \n the Senate a report that contains a compilation of the \n information contained in the reports submitted under subsection \n (f).\n (2) Availability of report.--The Secretary shall transmit a \n copy of the report submitted under paragraph (1) to--\n (A) the Office on Violence Against Women of the \n Department of Justice;\n (B) the Office of Community Planning and \n Development of the Department of Housing and Urban \n Development; and\n (C) the Administration for Children and Families of \n the Department of Health and Human Services.\n (h) Authorization of Appropriations.--\n (1) In general.--There are authorized to be appropriated to \n carry out this section $3,000,000 for each of fiscal years 2017 \n through 2021.\n (2) Limitation.--Of the amount made available under \n paragraph (1) in any fiscal year, not more than 5 percent may \n be used for evaluation, monitoring, salaries, and \n administrative expenses.\n (i) Definitions.--In this section:\n (1) Domestic violence victim defined.--The term ``domestic \n violence victim'' means a victim of domestic violence, dating \n violence, sexual assault, or stalking.\n (2) Eligible entity.--The term ``eligible entity'' means--\n (A) a State;\n (B) a unit of local government;\n (C) an Indian tribe; or\n (D) any other organization that has a documented \n history of effective work concerning domestic violence, \n dating violence, sexual assault, or stalking (as \n determined by the Secretary), including--\n (i) a domestic violence and sexual assault \n victim service provider;\n (ii) a domestic violence and sexual assault \n coalition;\n (iii) a community-based and culturally \n specific organization;\n (iv) any other nonprofit, nongovernmental \n organization; and\n (v) any organization that works directly \n with pets and collaborates with any \n organization referred to in clauses (i) through \n (iv), including--\n (I) an animal shelter; and\n (II) an animal welfare \n organization.\n (3) Pet.--The term ``pet'' means a domesticated animal, \n such as a dog, cat, bird, rodent, fish, turtle, horse, or other \n animal that is kept for pleasure rather than for commercial \n purposes.\n (4) Other terms.--Except as otherwise provided in this \n subsection, terms used in this section shall have the meaning \n given such terms in section 40002(a) of the Violence Against \n Women Act of 1994 (42 U.S.C. 13925(a)).\n\nSEC. 4. SENSE OF CONGRESS.\n\n It is the sense of Congress that States should encourage the \ninclusion of protections against violent or threatening acts against \nthe pet of a person in domestic violence protection orders.","summary":"Pet and Women Safety Act of 2017 This bill amends the federal criminal code to broaden the definition of stalking to include conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet. Additionally, an interstate violation of a protection order includes interstate travel with the intent to violate a protection order against a pet that is included within the scope of the protection order. The bill specifies the applicable criminal penalty8212. A prison term of up to five years, a fine, or both8212. For a person who commits an interstate violation of a protection order against a pet. With respect to a defendant who commits a domestic violence offense or an interstate violation of a protection order, mandatory restitution in the quot, full amount of victim's lossesquot. Includes costs incurred for veterinary services related to the pet. The bill directs the Department of Agriculture to award grants for shelter and housing assistance and support services for domestic violence victims with pets. Finally, it expresses the sense of Congress that states should include, in domestic violence protection orders, protections against violence or threats against a person's pet.","title":"Pet and Women Safety Act of 2017","text_len":13400,"sum_len":1235} {"bill_id":"113_s2792","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Apprenticeship and Jobs Training Act \nof 2014''.\n\nSEC. 2. TAX CREDIT FOR APPRENTICESHIP PROGRAMS.\n\n (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. CREDIT FOR APPRENTICESHIP PROGRAM EXPENSES.\n\n ``(a) Tax Credit.--\n ``(1) In general.--For purposes of section 38, in the case \n of an employer, the apprenticeship program credit determined \n under this section for any taxable year with respect to each \n qualified individual in a qualified apprenticeship program is \n an amount equal to the lesser of--\n ``(A) the amount of any wages (as defined in \n section 51(c)(1)) paid or incurred by the employer with \n respect to such qualified individual during the taxable \n year, or\n ``(B) $5,000.\n ``(2) Established apprenticeship programs.--\n ``(A) In general.--The apprenticeship program \n credit determined under this section for the taxable \n year shall only be applicable to the number of \n qualified individuals in a qualified apprenticeship \n program which are in excess of the apprenticeship \n participation average for such employer (as determined \n under subparagraph (B)).\n ``(B) Apprenticeship participation average.--For \n purposes of subparagraph (A), the apprenticeship \n participation average shall be equal to the average of \n the total number of qualified individuals in the \n qualified apprenticeship program of the employer for--\n ``(i) the 3 preceding taxable years, or\n ``(ii) the number of taxable years in which \n the qualified apprenticeship program was in \n existence, whichever is less.\n ``(3) Denial of double benefit.--No deduction or any other \n credit shall be allowed under this chapter for any amount taken \n into account in determining the credit under this section.\n ``(4) Election not to claim credit.--This section shall not \n apply to a taxpayer for any taxable year if such taxpayer \n elects to have this section not apply for such taxable year.\n ``(5) Limitation.--The apprenticeship program credit under \n this section shall not be allowed for more than 3 taxable years \n with respect to any qualified individual.\n ``(b) Qualified Individual.--\n ``(1) In general.--For purposes of this section, the term \n `qualified individual' means, with respect to any taxable year, \n an individual who is an apprentice and--\n ``(A) is participating in a qualified \n apprenticeship program with an employer that is subject \n to the terms of a valid apprenticeship agreement (as \n defined in section 29.7 of title 29 of the Code of \n Federal Regulations),\n ``(B) has been employed under a qualified \n apprenticeship program for a period of not less than 7 \n months that ends within the taxable year,\n ``(C) is not a highly compensated employee (as \n defined in section 414(q)), and\n ``(D) is not a seasonal worker (as defined in \n section 45R(d)(5)(B)).\n ``(2) Training received by members of the armed forces.--An \n employer shall consider and may accept, in the case of a \n qualified individual participating in a qualified \n apprenticeship program, any relevant training or instruction \n received by such individual while serving in the Armed Forces \n of the United States, for the purpose of satisfying the \n applicable training and instruction requirements under such \n qualified apprenticeship program.\n ``(3) Ineligibility of certain individuals.--For purposes \n of this subsection, paragraphs (1) and (2) of section 51(i) \n shall apply.\n ``(c) Qualified Apprenticeship Program.--\n ``(1) In general.--For purposes of this section, the term \n `qualified apprenticeship program' means an apprenticeship \n program (as defined in section 29.2 of title 29 of the Code of \n Federal Regulations), whether or not such program is \n administered by the employer, which--\n ``(A) provides qualified individuals with on-the-\n job training and instruction for a qualified occupation \n with the employer,\n ``(B) is registered with the Office of \n Apprenticeship of the Employment and Training \n Administration of the Department of Labor or a State \n apprenticeship agency recognized by such Office of \n Apprenticeship,\n ``(C) maintains records relating to the qualified \n individual, in such manner as the Secretary, after \n consultation with the Secretary of Labor, may \n prescribe, and\n ``(D) satisfies such other requirements as the \n Secretary, after consultation with the Secretary of \n Labor, may prescribe.\n ``(2) Qualified occupation.--For purposes of paragraph \n (1)(A), the term `qualified occupation' means a skilled trade \n occupation in a high-demand mechanical, technical, healthcare, \n or technology field (or such other occupational field as the \n Secretary, after consultation with the Secretary of Labor, may \n prescribe) that satisfies the criteria for an apprenticeable \n occupation under section 29.4 of title 29 of the Code of \n Federal Regulations.\n ``(d) Apprenticeship Agreement.--\n ``(1) In general.--For purposes of this section, the term \n `apprenticeship agreement' means an agreement between a \n qualified individual and an employer that satisfies the \n criteria under section 29.7 of title 29 of the Code of Federal \n Regulations.\n ``(2) Credit for training received under apprenticeship \n agreement.--If a qualified individual has received training or \n instruction through a qualified apprenticeship program with an \n employer which is subsequently unable to satisfy its \n obligations under the apprenticeship agreement, such individual \n may transfer any completed training or instruction for purposes \n of satisfying any applicable training and instruction \n requirements under a separate apprenticeship agreement with a \n different employer.\n ``(e) Application of Certain Rules.--For purposes of this section, \nall persons treated as a single employer under subsection (a) or (b) of \nsection 52, or subsection (m) or (o) of section 414, shall be treated \nas a single person.\n ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the provisions of this section, \nincluding regulations to provide for application of paragraphs (1) and \n(2) of subsection (a) with respect to qualified individuals in a \nqualified apprenticeship program who are employed by more than 1 \nemployer.''.\n (b) Credit To Be Part of General Business Credit.--Section 38(b) of \nthe Internal Revenue Code of 1986 is amended by striking ``plus'' at \nthe end of paragraph (35), by striking the period at the end of \nparagraph (36) and inserting ``, plus'', and by adding at the end the \nfollowing new paragraph:\n ``(37) the apprenticeship program expenses credit \n determined under section 45S(a).''.\n (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n``Sec. 45S. Credit for apprenticeship program expenses.''.\n (d) Conforming Amendments.--\n (1) Rule for employment credits.--Section 280C(a) of the \n Internal Revenue Code of 1986 is amended by inserting \n ``45S(a),'' after ``45P(a),''.\n (2) Exclusion for determination of credit for increasing \n research activities.--Clause (iii) of section 41(b)(2)(D) of \n such Code is amended by inserting ``the apprenticeship program \n credit under section 45S(a) or'' after ``in determining''.\n (e) Evaluation.--Not later than 3 years after the date of the \nenactment of this Act, and annually thereafter, the Comptroller General \nof the United States shall submit a report to the Committees on Finance \nand Health, Education, Labor, and Pensions of the Senate and the \nCommittees on Ways and Means and Education and the Workforce of the \nHouse of Representatives that contains an evaluation of the activities \nauthorized under this Act, including--\n (1) the extent to which qualified individuals completed \n qualified apprenticeship programs;\n (2) whether qualified individuals remained employed by an \n employer that received an apprenticeship program credit under \n section 45S of the Internal Revenue Code of 1986 and the length \n of such employment following expiration of the apprenticeship \n period;\n (3) whether qualified individuals who completed a qualified \n apprenticeship program remained employed in the same occupation \n or field; and\n (4) recommendations for legislative and administrative \n actions to improve the effectiveness of the apprenticeship \n program credit under section 45S of the Internal Revenue Code \n of 1986.\n (f) Effective Date.--The amendments made by this Act shall apply to \ntaxable years beginning after December 31, 2014.\n\nSEC. 3. ENCOURAGING MENTORS TO TRAIN THE FUTURE.\n\n (a) Early Distributions From Qualified Retirement Plans.--Section \n72(t)(2) of the Internal Revenue Code of 1986 is amended--\n (1) in subparagraph (A)--\n (A) by striking ``or'' at the end of clause (vii);\n (B) by striking the period at the end of clause \n (viii) and inserting ``, or''; and\n (C) by adding at the end the following new clause:\n ``(ix) made to an employee who is serving \n as a mentor.''; and\n (2) by adding at the end the following new subparagraph:\n ``(H) Distributions to mentors.--For purposes of \n this paragraph, the term `mentor' means an individual \n who--\n ``(i) has attained 55 years of age,\n ``(ii) is not separated from their \n employment with a company, corporation, or \n institution of higher education,\n ``(iii) in accordance with such \n requirements and standards as the Secretary \n determines to be necessary, has substantially \n reduced their hours of employment with their \n employer, with the individual to be engaged in \n mentoring activities described in clause (iv) \n for not less than 20 percent of the hours of \n employment after such reduction, and\n ``(iv) is responsible for the training and \n education of employees or students in an area \n of expertise for which the individual has a \n professional credential, certificate, or \n degree.''.\n (b) Distributions During Working Retirement.--Paragraph (36) of \nsection 401(a) of the Internal Revenue Code of 1986 is amended to read \nas follows:\n ``(36) Distributions during working retirement.--\n ``(A) In general.--A trust forming part of a \n pension plan shall not be treated as failing to \n constitute a qualified trust under this section solely \n because the plan provides that a distribution may be \n made from such trust to an employee who--\n ``(i) has attained age 62 and who is not \n separated from employment at the time of such \n distribution, or\n ``(ii) subject to subparagraph (B), is \n serving as a mentor (as such term is defined in \n section 72(t)(2)(H)).\n ``(B) Limitation on distributions to mentors.--For \n purposes of subparagraph (A)(ii), the amount of the \n distribution made to an employee who is serving as a \n mentor shall not be greater than the amount equal to \n the product obtained by multiplying--\n ``(i) the amount of the distribution that \n would have been payable to the employee if such \n employee had separated from employment instead \n of reducing their hours of employment with \n their employer and engaging in mentoring \n activities, in accordance with clauses (iii) \n and (iv) of section 72(t)(2)(H), by\n ``(ii) the percentage equal to the quotient \n obtained by dividing--\n ``(I) the sum of--\n ``(aa) the number of hours \n per pay period by which the \n employee's hours of employment \n are reduced, and\n ``(bb) the number of hours \n of employment that such \n employee is engaging in \n mentoring activities, by\n ``(II) the total number of hours \n per pay period worked by the employee \n before such reduction in hours of \n employment.''.\n (c) ERISA.--Subparagraph (A) of section 3(2) of the Employee \nRetirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended \nby striking the period at the end and inserting the following: ``, or \nsolely because such distribution is made to an employee who is serving \nas a mentor (as such term is defined in section 72(t)(2)(H) of the \nInternal Revenue Code of 1986).''.\n (d) Effective Date.--The amendments made by this section shall \napply to distributions made in taxable years beginning after December \n31, 2014.","summary":"Apprenticeship and Jobs Training Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program. Defines a qualified individual as an individual who: (1) is an apprentice participating in anbsp, qualified apprenticeship program, (2)nbsp. Has been employed in such a program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. Defines a qualified apprenticeship program as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation. (2) is registered with the Office of Apprenticeship of the Department of Labor. And (3) maintains records relating to the qualified individual. Allows a premature distribution, without penalty, fromnbsp. A tax-qualified retirement plan to an employee who is serving as a mentor. Defines a quot, mentorquot, as a working individual who: (1) has attained age 55. (2) works reduced hours and engages in mentoring activities for at least 20 of such hours. And (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree.","title":"Apprenticeship and Jobs Training Act of 2014","text_len":15342,"sum_len":1346} {"bill_id":"107_hr475","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Securing Affordable Vocational and \nCollegiate Education (SAVE) Act.''\n\nSEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following new \nsection:\n\n``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS.\n\n ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction an amount equal to the amount paid by \nthe taxpayer during the taxable year to any qualified State tuition \nprogram (as defined in section 529) for the benefit of any designated \nbeneficiary (as defined in such section).\n ``(b) Dollar Limitation.--The deduction allowed by subsection (a) \nfor the taxable year shall not exceed $5,000 ($10,000 in the case of a \njoint return).''\n (b) Deduction Allowed in Computing Adjusted Gross Income.--Section \n62(a) of such Code is amended by inserting after paragraph (17) the \nfollowing new paragraph:\n ``(18) Payments to qualified state tuition programs.--The \n deduction allowed by section 222.''\n (c) Conforming Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the item \nrelating to section 222 and inserting:\n\n ``Sec. 222. Payments to qualified State \n tuition programs.\n ``Sec. 223. Cross reference.''\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.\n\nSEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM \n QUALIFIED STATE TUITION PROGRAMS.\n\n (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code \nof 1986 (relating to distributions) is amended to read as follows:\n ``(B) Distributions for qualified higher education \n expenses.--For purposes of this paragraph--\n ``(i) In-kind distributions.--No amount \n shall be includible in gross income under \n subparagraph (A) by reason of a distribution \n which consists of providing a benefit to the \n distributee which, if paid for by the \n distributee, would constitute payment of a \n qualified higher education expense.\n ``(ii) Cash distributions.--In the case of \n distributions not described in clause (i), if--\n ``(I) such distributions do not \n exceed the qualified higher education \n expenses (reduced by expenses described \n in clause (i)), no amount shall be \n includible in gross income, and\n ``(II) in any other case, the \n amount otherwise includible in gross \n income shall be reduced by an amount \n which bears the same ratio to such \n amount as such expenses bear to such \n distributions.\n ``(iii) Treatment as distributions.--Any \n benefit furnished to a designated beneficiary \n under a qualified State tuition program shall \n be treated as a distribution to the beneficiary \n for purposes of this paragraph.\n ``(iv) Coordination with hope and lifetime \n learning credits.--The total amount of \n qualified higher education expenses with \n respect to an individual for the taxable year \n shall be reduced--\n ``(I) as provided in section \n 25A(g)(2), and\n ``(II) by the amount of such \n expenses which were taken into account \n in determining the credit allowed to \n the taxpayer or any other person under \n section 25A.\n ``(v) Coordination with education \n individual retirement accounts.--If, with \n respect to an individual for any taxable year--\n ``(I) the aggregate distributions \n to which clauses (i) and (ii) and \n section 530(d)(2)(A) apply, exceed\n ``(II) the total amount of \n qualified higher education expenses \n otherwise taken into account under \n clauses (i) and (ii) (after the \n application of clause (iv)) for such \n year,\n the taxpayer shall allocate such expenses among \n such distributions for purposes of determining \n the amount of the exclusion under clauses (i) \n and (ii) and section 530(d)(2)(A).''.\n (b) Conforming Amendments.--\n (1) Section 135(d)(2)(B) of such Code is amended by \n striking ``the exclusion under section 530(d)(2)'' and \n inserting ``the exclusions under sections 529(c)(3)(B)(i) and \n 530(d)(2)''.\n (2) Section 221(e)(2)(A) of such Code is amended by \n inserting ``529,'' after ``135,''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","summary":"Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program. And (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income.","title":"To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid to any qualified State tuition program and to provide that distributions from such programs which are used to pay educational expenses shall not be includible in gross income.","text_len":6182,"sum_len":333} {"bill_id":"108_s822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Child Care Lending Pilot Act of \n2003''.\n\nSEC. 2. CHILD CARE BUSINESS LOAN PROGRAM.\n\n (a) Loans Authorized.--Section 502 of the Small Business Investment \nAct of 1958 (15 U.S.C. 696) is amended--\n (1) in the matter preceding paragraph (1)--\n (A) by striking ``The Administration'' and \n inserting the following:\n ``(a) Authorization.--The Administration'';\n (B) by striking ``and such loans'' and inserting \n ``. Such loans'';\n (C) by striking ``: Provided, however, That the \n foregoing powers shall be subject to the following \n restrictions and limitations:'' and inserting a period; \n and\n (D) by adding at the end the following:\n ``(b) Restrictions and Limitations.--The authority under subsection \n(a) shall be subject to the following restrictions and limitations:''; \nand\n (2) in paragraph (1)--\n (A) by inserting after ``Use of proceeds.--'' the \n following:\n ``(A) In general.--''; and\n (B) by adding at the end the following:\n ``(B) Loans to small, non-profit child care \n businesses.--The proceeds of any loan described in \n subsection (a) may be used by the borrower to assist, \n in addition to other eligible small business concerns, \n small, non-profit child care businesses, provided \n that--\n ``(i) the loan will be used for a sound \n business purpose that has been approved by the \n Administration; and\n ``(ii) each such business receiving \n financial assistance meets all of the same \n eligibility requirements applicable to for-\n profit businesses under this title, except for \n status as a for-profit business.''.\n (b) Reports.--\n (1) Small business administration.--\n (A) In general.--Not later than 6 months after the \n date of enactment of this Act, and every 6 months \n thereafter until September 30, 2006, the Administrator \n of the Small Business Administration shall submit a \n report on the implementation of the program under \n subsection (a) to--\n (i) the Committee on Small Business and \n Entrepreneurship of the Senate; and\n (ii) the Committee on Small Business of the \n House of Representatives.\n (B) Contents.--The report under subparagraph (A) \n shall contain--\n (i) the date on which the program is \n implemented;\n (ii) the date on which the rules are issued \n pursuant to subsection (c); and\n (iii) the number and dollar amount of loans \n under the program applied for, approved, and \n disbursed during the previous 6 months.\n (2) General accounting office.--\n (A) In general.--Not later than March 31, 2006, the \n Comptroller General of the United States shall submit a \n report on the child care small business loans \n authorized by section 502(b)(1)(B) of the Small \n Business Investment Act of 1958, as added by this Act, \n to--\n (i) the Committee on Small Business and \n Entrepreneurship of the Senate; and\n (ii) the Committee on Small Business of the \n House of Representatives.\n (B) Contents.--The report under subparagraph (A) \n shall contain information gathered during the first 2 \n years of the loan program, including--\n (i) an evaluation of the timeliness of the \n implementation of the loan program;\n (ii) a description of the effectiveness and \n ease with which Certified Development \n Companies, lenders, and small businesses have \n participated in the loan program;\n (iii) a description and assessment of how \n the loan program was marketed;\n (iv) the number of child care small \n businesses, categorized by status as a for-\n profit or non-profit business and a new \n business or an expanded business, that--\n (I) applied for loans under the \n program;\n (II) were approved for loans under \n the program; and\n (III) received loan disbursements \n under the program.\n (v) of the businesses under clause \n (iv)(III)--\n (I) the number of such businesses \n in each State;\n (II) the total amount loaned to \n such businesses under the program; and\n (III) the average loan amount and \n term.\n (c) Rulemaking Authority.--Not later than 120 days after the date \nof enactment of this Act, the Administrator of the Small Business \nAdministration shall issue final rules to carry out the loan program \nauthorized by section 502(b)(1)(B) of the Small Business Investment Act \nof 1958, as added by this Act.\n (d) Sunset Provision.--The amendments made by this section shall \nremain in effect until September 30, 2006, and shall apply to all loans \nauthorized by section 502(b)(1)(B) of the Small Business Investment Act \nof 1958, as added by this Act, that are made during the period \nbeginning on the date of enactment of this Act and ending on September \n30, 2006.","summary":"Child Care Lending Pilot Act of 2003 - Amends the Small Business Investment Act of 1958 to allow the proceeds of loans made through the Small Business Administration (SBA) to local development companies for plant acquisition, construction, or expansion to be used to assist small, nonprofit child care businesses, provided that: (1) the loan will be used for a sound business purpose approved by the SBA. And (2) each business receiving the assistance meets eligibility requirements applicable to for-profit businesses.","title":"A bill to create a 3-year pilot program that makes small, non-profit child care businesses eligible for SBA 504 loans.","text_len":6518,"sum_len":519} {"bill_id":"115_hr2347","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Regional Infrastructure Accelerator \nAct of 2017''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to establish a regional infrastructure \naccelerator program that--\n (1) facilitates and mobilizes investment in, and the long-\n term financing of, economically viable covered infrastructure \n projects of regional or national significance by providing \n funding for these projects, including through private sector \n financing, to accelerate the delivery of high-quality, critical \n infrastructure facilities through a self-sustaining regional \n infrastructure accelerator that mitigates risk with technical \n expertise and best practices; and\n (2) encourages regional infrastructure accelerators to \n provide assistance and communicate best practices and financing \n and funding opportunities to State, local, and regional public \n entities, to provide assistance with applications for Federal \n funding opportunities, to promote innovative financing best \n practices, and to reduce costs and risks to taxpayers.\n\nSEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM.\n\n Using amounts appropriated under section 10(1), the Secretary shall \nestablish a regional infrastructure accelerator (RIA) program to \nprovide initial and subsequent grants to RIAs in accordance with the \nrequirements of this Act.\n\nSEC. 4. STRUCTURE OF REGIONAL INFRASTRUCTURE ACCELERATORS.\n\n (a) In General.--To be eligible to receive a grant under this Act, \nan RIA shall have a board of directors.\n (b) Board of Directors.--\n (1) Composition.--The board of directors of an RIA shall \n include at least 1 representative of a State, local, or \n regional public entity in the area served by the RIA.\n (2) Appointment.--The members of the board of directors of \n an RIA shall be initially appointed by the person or entity \n that submitted an application on behalf of the RIA under \n section 5(a). Subsequent appointments to the board shall be \n made in accordance with such bylaws as may be adopted by the \n board.\n (3) Duties.--The duties of the board of directors of an RIA \n shall include--\n (A) developing a final regional infrastructure \n accelerator plan for the RIA, based on the proposed \n plan submitted on behalf of the RIA under section 5(b);\n (B) selecting State, local, and regional public \n entities to receive subgrants from the RIA under \n section 6; and\n (C) submitting a report to the Secretary under \n subsection 5(d).\n (4) Requirements to approve plan.--In carrying out its \n duties under paragraph (3)(A), the board of directors of an RIA \n shall consider public stakeholder input from--\n (A) a public project sponsor with experience in \n infrastructure financing;\n (B) an entity with the ability to finance covered \n infrastructure projects in the area served by the RIA, \n including private sector equity investors, public \n pension funds, endowments, and other financial \n investment funds;\n (C) a construction or real estate development \n entity with the capacity to develop covered \n infrastructure projects in the area served by the RIA;\n (D) a representative of an organized labor \n association or an association of workers representing \n labor and workplace standards;\n (E) a legal expert with experience in contract \n development and the execution of public-private \n partnerships; and\n (F) a representative of each Federal department or \n agency with jurisdiction over covered infrastructure \n projects being considered by the RIA.\n\nSEC. 5. INITIAL GRANTS.\n\n (a) Application.--An RIA desiring a grant under this section shall \nsubmit to the Secretary an application at such time, in such manner, \nand containing such information as the Secretary may reasonably \nrequire.\n (b) Proposed Plan.--An application submitted by an RIA under \nsubsection (a) shall include a proposed plan that describes how the RIA \nwill promote investment in covered infrastructure projects--\n (1) by providing guidance and feedback to State, local, and \n regional public entities on infrastructure priorities, \n financing strategies, and other matters relating to such \n projects;\n (2) by evaluating and promoting innovative methods for \n financing such projects;\n (3) by establishing connections between sources of \n financing for such projects and appropriate State, local, and \n regional public entities;\n (4) by establishing standards to measure the life-cycle \n costs of investments in such projects;\n (5) by enhancing the capacity of State and local \n governments to evaluate and structure such projects that \n involve the investment of private capital; and\n (6) by providing technical assistance and information on \n best practices with respect to such projects, including--\n (A) identifying and selecting qualified advisors, \n such as infrastructure financial analysts and contract \n negotiators;\n (B) incorporating resiliency risk analyses into the \n planning and design of such projects;\n (C) preparing and reviewing requests for \n qualifications and proposals from private sector \n partners; and\n (D) applying standardized analyses and processes \n that provide quantitative data on infrastructure \n investments, including a value-for-money analysis.\n (c) Selection.--For fiscal year 2018 and each fiscal year \nthereafter, the Secretary shall select, from among applications \nreceived under subsection (a), 5 RIAs from geographically diverse \nregions to receive a grant under this section.\n (d) Use of Funds.--An RIA that receives a grant under this section \nshall use the amounts of the grant--\n (1) to assess regional approaches for advancing innovative \n investment in covered infrastructure projects;\n (2) to develop strategies for--\n (A) transparency in the analysis of covered \n infrastructure projects to ensure protection of the \n public interest;\n (B) the bundling of smaller-scale and rural \n projects into larger covered infrastructure projects to \n facilitate transactions and investments; and\n (C) reducing transaction costs associated with \n investments in covered infrastructure projects;\n (3) to facilitate the creation of a catalog of covered \n infrastructure projects available for investment;\n (4) to analyze and apply procurement methods for covered \n infrastructure projects, including--\n (A) assessing strategies for management of risks \n associated with covered infrastructure projects;\n (B) measuring the speed of completion and quality \n of covered infrastructure projects; and\n (C) assessing the use of contracting strategies for \n covered infrastructure projects in which teams provide \n design, construction, financing, and maintenance \n solutions to achieve performance outcomes; and\n (5) to complete the report of the RIA described in \n subsection (e).\n (e) Report.--Not later than 1 year after the date on which an RIA \nreceives a grant under this section, the RIA shall submit to the \nSecretary a report that includes, at a minimum--\n (1) an update on the implementation of the plan of the RIA \n described in subsection (a), as finalized by the board of \n directors of the RIA;\n (2) a description of the infrastructure needs of the region \n to be served by the RIA;\n (3) a proposal of covered infrastructure projects to be \n accomplished by the RIA through a subsequent grant, as awarded \n under section 6; and\n (4) the procurement strategies the RIA intends to use for \n such covered infrastructure projects.\n (f) Selection for Subsequent Grant.--Not later than 60 days after \nthe date of receipt of the final report submitted by an RIA under \nsubsection (e), the Secretary shall--\n (1) review the reports submitted under subsection (e); and\n (2) for fiscal year 2019 and each fiscal year thereafter, \n select not fewer than 4 RIAs for which funds are appropriated \n under section 10 to receive a subsequent grant under section 6.\n\nSEC. 6. SUBSEQUENT GRANTS.\n\n (a) In General.--Using amounts appropriated under section 10(2), \nthe Secretary shall award a subsequent grant to an RIA selected under \nsection 4(f).\n (b) Subgrants.--An RIA shall use the amounts of a subsequent grant \nreceived under this section--\n (1) to make subgrants to one or more State, local, or \n regional public entities for the purposes described in \n subsection (d); and\n (2) for such other purposes as the RIA, after notifying the \n Secretary, determines appropriate.\n (c) Application.--A State, local, or regional public entity \ndesiring a subgrant from an RIA under this section may submit to the \nRIA an application for a subgrant at such time, in such manner, and \ncontaining such information as the RIA may reasonably require.\n (d) Use of Funds.--The amounts of a subgrant received by a State, \nlocal, or regional public entity from an RIA under this section may be \nused for payment of the following costs associated with a covered \ninfrastructure project:\n (1) Project planning, feasibility studies, economic \n assessments, cost-benefit analyses, and public benefit studies.\n (2) Value-for-money analyses.\n (3) Design and engineering.\n (4) Financial planning (including the identification of \n funding and financing options).\n (5) Permitting, environmental review, and regulatory \n processes.\n (6) Assessment of the impacts of potential projects on the \n area, including the effect on communities and environment.\n (7) The workforce and wages and benefits, as well as \n assessment of infrastructure vulnerability and resilience to \n the impacts of climate change and other risks.\n (8) Public outreach and community engagement.\n (e) Amount.--A subgrant made by an RIA under this section may not \nbe in an amount that is greater than $300,000 or 75 percent of the \nprojected cost of activities described in subsection (d) associated \nwith the covered infrastructure project concerned, whichever is less. \nThe recipient of the subgrant shall provide funding for the remaining \nbalance of such costs.\n (f) Limitation.--Funds made available under this section may not be \nused to pay for work already completed on a covered infrastructure \nproject.\n\nSEC. 7. ADMINISTRATIVE PROVISIONS.\n\n (a) Prevailing Rate of Wage.--\n (1) In general.--The Secretary shall take such action as \n may be necessary to ensure that all laborers and mechanics \n employed by contractors or subcontractors on construction work \n performed on projects assisted with a grant under this Act \n shall be paid wages at rates not less than those prevailing on \n the same type of work on similar construction in the immediate \n locality as determined by the Secretary of Labor in accordance \n with sections 3141, 3146, and 3147 of title 40, United States \n Code.\n (2) Consultation.--In carrying out the duties of paragraph \n (1), the Secretary of Labor shall consult with the relevant \n agency of the State in which a project assisted with a grant \n under this Act is to be performed. After giving due regard to \n the information thus obtained, the Secretary of Labor shall \n make a predetermination of the minimum wages to be paid \n laborers and mechanics in accordance with the provisions of \n paragraph (1) which shall be set out in each project \n advertisement for bids and in each bid proposal form and shall \n be made a part of the contract covering the project.\n (3) Exceptions.--The provisions of this paragraph shall not \n be applicable to employment pursuant to apprenticeship and \n skill training programs which have been certified by the \n Secretary as promoting equal employment opportunity in \n connection with a construction program.\n (b) Environmental Compliance.--The Secretary shall take such action \nas may be necessary to ensure that projects assisted with a grant under \nthis Act are conducted in accordance with the environmental review and \npermitting process under the National Environmental Policy Act of 1969 \n(42 U.S.C. 4321 et seq.).\n\nSEC. 8. REPORT TO CONGRESS.\n\n (a) In General.--Not later than 1 year after the date on which the \nSecretary first makes a grant under this Act, the Secretary shall \nsubmit to Congress a report on the effectiveness of the Program.\n (b) Contents.--The report shall include--\n (1) an overview of the Program; and\n (2) the findings of the Secretary on the effectiveness of \n regional collaboration on infrastructure investment, \n infrastructure finance, and the use of procurement methods (as \n described in section 5(d)(4)).\n\nSEC. 9. DEFINITIONS.\n\n In this Act, the following definitions shall apply:\n (1) Covered infrastructure project.--The term ``covered \n infrastructure project'' means a project that is located in a \n State, that is sponsored by a State, local, or regional public \n entity, and that involves the construction, consolidation, \n alteration, or repair of any of the following:\n (A) Intercity passenger or freight rail lines.\n (B) Intercity passenger rail facilities or \n equipment.\n (C) Intercity freight rail facilities or equipment.\n (D) Intercity passenger bus facilities or \n equipment.\n (E) Public transportation facilities or equipment.\n (F) Highway facilities, including bridges and \n tunnels.\n (G) Airports.\n (H) Air traffic control systems.\n (I) Port or marine terminal facilities, including \n approaches to marine terminal facilities or inland port \n facilities.\n (J) Port or marine equipment, including fixed \n equipment to serve approaches to marine terminals or \n inland ports.\n (K) Ports of entry or border crossing \n infrastructure.\n (L) Transmission or distribution pipelines.\n (M) Inland waterways.\n (N) Intermodal facilities or equipment related to \n two or more of the sectors described in subparagraphs \n (A) through (M).\n (O) Water treatment and solid waste disposal \n facilities, including drinking water facilities.\n (P) Storm water management systems.\n (Q) Dams and levees.\n (R) Facilities or equipment for energy \n transmission, distribution, or storage.\n (2) Life-cycle costs.--The term ``life-cycle costs'' means, \n with respect to an infrastructure facility, the budgetary \n impacts of the design, development, construction, and \n operations and maintenance of the infrastructure facility.\n (3) Program.--The term ``Program'' means the regional \n infrastructure accelerator program established under section 3.\n (4) Regional infrastructure accelerator; ria.--The term \n ``regional infrastructure accelerator'' or ``RIA'' means a \n multi-jurisdictional organization organized and dedicated to \n providing technical assistance, financing options, and \n resources for covered infrastructure projects within the \n jurisdictions represented in such organization.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Treasury.\n (6) State.--The term ``State'' means each of the several \n States, the District of Columbia, Puerto Rico, and any \n territory or possession of the United States.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n There is authorized to be appropriated to carry out the Program--\n (1) for fiscal year 2018 and each fiscal year thereafter--\n (A) $11,500,000 for making initial grants to RIAs \n under section 5; and\n (B) $500,000 for covering the administrative costs \n of the Program; and\n (2) for fiscal year 2019 and each fiscal year thereafter, \n $13,000,000 for making subsequent grants to RIAs under section \n 6.","summary":"Regional Infrastructure Accelerator Act of 2017 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator (RIA) program to provide initial and subsequent grants to RIAs to facilitate investment in, and long-term financing of, economically viable covered infrastructure projects. An quot, RIAquot. Is defined as a multi-jurisdictional organization dedicated to providing technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A quot, covered infrastructure projectquot. Is defined as a project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities , airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five RIAs from geographically diverse regions to receive initial grants. An RIA shall use such a grant to: assess regional approaches for advancing innovative investment in covered infrastructure projects. Develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into larger covered infrastructure projects to facilitate transactions and investments, and for reducing transaction costs associated with investments in such projects. Facilitate the creation of a catalog of covered infrastructure projects available for investment. And analyze and apply project procurement methods for covered infrastructure projects. Treasury shall review final reports submitted by RIAs and select four of them to receive subsequent grants. A selected RIA shall use such subsequent grant to make subgrants to public entities for costs associated with a covered infrastructure project.","title":"Regional Infrastructure Accelerator Act of 2017","text_len":17890,"sum_len":2147} {"bill_id":"107_s1126","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Broadband Deployment and Competition \nEnhancement Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) In 2001, some broadband service providers are \n pervasively regulated, and some offering functionally \n equivalent services are not significantly regulated.\n (2) Common carrier regulation is being extended \n inappropriately to new broadband services being deployed by \n incumbent local exchange carriers, while no regulation is \n applied to new broadband services being deployed by local cable \n television companies.\n (3) There should be deregulatory parity in the provision of \n broadband services.\n (4) Broadband services and broadband service providers \n should be subject to little or no regulation, as there are no \n monopoly providers of such services and regulation of a nascent \n service inhibits the development of a competitive market.\n (5) Facilities used to provide broadband services, such as \n packet switching, are widely available in the market place and \n should therefore not be considered a network element, which \n common carriers must make available to other providers. Access \n should continue for essential facilities.\n (6) It is important for the economic development of the \n United States that all areas of the country receive the \n benefits of access to high speed Internet and the deployment of \n broadband services.\n (7) Common carrier regulation will not induce the \n deployment of broadband services, but will retard it.\n (8) Both Federal and State regulatory agencies have \n followed a regulatory scheme with respect to broadband \n services, and this pattern must be reversed.\n (b) Purposes.--The purposes of this Act are as follows:\n (1) To accelerate the deployment of broadband services to \n all parts of the United States.\n (2) To achieve deregulatory parity among providers of \n broadband services.\n (3) To reduce regulation of broadband services by the \n Federal Government and the States.\n\nSEC. 3. DEPLOYMENT OF BROADBAND SERVICES.\n\n (a) In General.--Part II of title II of the Communications Act of \n1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES.\n\n ``(a) Opt-In.--This section applies to an incumbent local exchange \ncarrier only if the local exchange carrier provides written notice to \nthe Commission of its decision to comply with the provisions of this \nsection.\n ``(b) Next Generation Broadband Deployment.--\n ``(1) In general.--An incumbent local exchange carrier \n shall not be subject to the requirements of section 251(c) with \n respect to any optical fiber facility, or any technology of \n like functionality, in the local exchange carrier's network \n that is used to provide service to residential customers; and\n ``(A) that is or was--\n ``(i) deployed where no outside telephone \n distribution plant previously existed; or\n ``(ii) deployed from any structure or \n premise to a customer premises; and\n ``(B) if the facility is capable of providing \n advanced service.\n ``(2) Rights of way.--Any provider of facilities referred \n to in paragraph (1) shall have the duty to coordinate and \n cooperate with other local exchange carriers to provide access \n to rights of way consistent with section 251(b)(4).\n ``(3) Access to existing copper loop.--Nothing in this \n subsection shall preclude the Commission or a State from \n requiring that an incumbent local exchange carrier provide an \nexisting copper loop to another local exchange carrier upon request.\n ``(c) Competition Enhancement.--\n ``(1) In general.--Notwithstanding section 2(b), or any \n other provision of law, an incumbent local exchange carrier \n shall not be subject to the requirements of--\n ``(A) section 251(c), except as provided in \n paragraph (2) of this subsection, with respect to its \n packet switching capability, or any successor \n technology; or\n ``(B) section 251(c) with respect to the resale of \n advanced service or high-speed Internet access service.\n ``(2) Collocation.--\n ``(A) In general.--An incumbent local exchange \n carrier has the duty to provide collocation at its \n central offices in accordance with the rules of the \n Commission established in accordance with section \n 251(c)(6) for equipment to be used in the provision of \n advanced service.\n ``(B) Remote terminal.--Neither the Commission nor \n a State may require collocation for equipment for the \n provision of advanced service inside a remote terminal \n where no space for collocation of such equipment is \n available. Collocation of advanced service equipment in \n the remote terminal shall not include collocation \n inside or within any equipment, components, or \n facilities located inside the remote terminal.\n ``(d) Build-Out Requirement.--\n ``(1) In general.--Except as provided in paragraph (3), an \n incumbent local exchange carrier or affiliate shall be capable \n of providing advanced service to all of its local exchange \n service customers in a State not later than 5 years after the \n date of enactment of the Broadband Deployment and Competition \n Enhancement Act of 2001, thereafter within 30 days of a bona \n fide request by any such local exchange service customer.\n ``(2) Means of addressing requirement.--An incumbent local \n exchange carrier or affiliate may use any technology, service, \n or combination of services to meet the requirement in paragraph \n (1).\n ``(3) Exemption.--An incumbent local exchange carrier or \n affiliate is exempt from the requirement in paragraph (1) if \n the provision of advanced service to a customer is not both \n technically and economically feasible.\n ``(e) Pricing Flexibility for Retail Advanced Service.--\n ``(1) Inapplicability of governmental regulation.--The \n rates, terms, and conditions of retail advanced service offered \n by an incumbent local exchange carrier or its affiliates to \n subscribers are not subject to Federal, State, or local \n regulation.\n ``(2) Construction.--Nothing in this subsection shall be \n construed to affect the obligations of a Bell operating company \n under section 272(c).\n ``(f) Enforcement.--\n ``(1) Failure to build-out.--If an incumbent local exchange \n carrier cannot comply with subsection (d)(1) as of the date \n specified in that subsection, subsections (c) and (e) shall no \n longer apply to such carrier as of that date.\n ``(2) Noncompliance with loop provisioning and collocation \n rules.--\n ``(A) In general.--Except as provided in paragraph \n (3), subsections (c) and (e) shall cease to apply to an \n incumbent local exchange carrier as of the date on \n which a State makes a final and nonappealable \n determination, based on clear and convincing evidence \n and in response to a complaint filed by another local \n exchange carrier, that--\n ``(i) the incumbent local exchange carrier \n has willfully and materially failed to comply \n with the rules of the Commission with respect \n to collocation or loop provisioning; and\n ``(ii) such failure has caused material \n harm to the complaining carrier's ability to \n compete.\n ``(B) Burden of proof.--The burden of proof in a \n complaint under subparagraph (A) shall be on the \n complainant.\n ``(3) Reinstatement.--\n ``(A) In general.--An incumbent local exchange \n carrier to which subsections (c) and (e) have ceased to \n apply because of a determination by a State under \n paragraph (2) may petition the State for a \n reinstatement of the application of subsections (c) and \n (e) to such carrier.\n ``(B) Determination.--If a State that makes a \n determination described in paragraph (2) subsequently \n makes a final determination that the carrier concerned \n has complied fully with the rule with which the carrier \nwas found, under paragraph (2), not to have complied, the application \nof subsections (c) and (e) to the carrier shall be reinstated as of the \ndate of that subsequent final determination.\n ``(C) Failure of state to act within 90 days.--For \n purposes of subparagraph (B), a State that fails to \n make a determination on a petition filed under \n subparagraph (A) within 90 days of the date of the \n filing of the petition shall be deemed to have made a \n determination that the carrier concerned is in full \n compliance with the rules of the Commission with \n respect to collocation or loop provisioning.\n ``(g) Definitions.--In this section:\n ``(1) Incumbent local exchange carrier.--The term \n `incumbent local exchange carrier' has the meaning given that \n term in section 251(h).\n ``(2) Customer premises.--The term `customer premises' \n means a customer's physical property and any adjacent \n easements.\n ``(3) Packet switching capability.--The term `packet \n switching capability' has the meaning given that term in \n section 51.319(c)(4) of title 47, Code of Federal Regulation, \n as that section is in effect as of June 1, 2001.\n ``(4) Remote terminal.--The term `remote terminal' means a \n point in a local exchange carrier's network, not including a \n central office, where the electronic capability to provide \n advanced service is deployed.\n ``(5) Advanced service.--The terms `advanced service' and \n `high-speed Internet access service' mean any service or \n combination of services that consists of, or includes, the \n offering of a capability to transmit information using a packet \n switched or successor technology downstream from a provider to \n a consumer at a generally rated speed of 364 or kilobits per \n second or higher.''.\n\nSEC. 4. AMENDMENT.\n\n Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C. \n251(c)(3)) is amended by adding at the end the following: ``An \nincumbent local exchange carrier shall not be required to convert to a \nnetwork element or combination of network elements any special access \ncircuit being provided on June 1, 2001.''.\n\nSEC. 5. REGULATORY PARITY.\n\n (a) Identification of Disparate Regulatory Treatment of Advanced \nService.--Not later than 6 months after the date of the enactment of \nthis Act, the Federal Communications Commission shall identify in its \nregulations any requirements or obligations that result in different or \ndisparate treatment among various types of providers of advanced \nservice and high-speed Internet access service or among different \ntechnologies used to provide such service.\n (b) Termination of Applicability.--Not later than one year after \nthe date of the enactment of this Act, the Commission shall modify its \nregulations in order to eliminate each difference and disparity in \ntreatment identified under subsection (a) unless the Commission \ndetermines that such difference or disparity in treatment should \ncontinue to apply in the public interest.\n (c) Biennial Review.--In every biennial review conducted pursuant \nto section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161), \nthe Commission shall--\n (1) make a determination as to whether or not a difference \n or disparity in treatment, if any, that continues to apply \n under subsection (b), or under this subsection after subsequent \n review under this subsection, should continue to apply in the \n public interest; and\n (2) if the Commission determines that such difference or \n disparity in treatment should not continue to apply in the \n public interest, modify its regulations in order to eliminate \n such difference or disparity in treatment.\n (d) Advanced Service Defined.--In this section, the terms \n``advanced service'' and ``high-speed Internet access service'' have \nthe meanings given those terms in section 262(h)(4) of the \nCommunications Act of 1934, as added by section 2 of this Act.","summary":"Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service. And (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter. Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001. Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.","title":"A bill to facilitate the deployment of broadband telecommunications services, and for other purposes.","text_len":13665,"sum_len":1571} {"bill_id":"113_s1822","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Foreign Medical School \nAccountability Fairness Act of 2013''.\n\nSEC. 2. PURPOSE.\n\n To establish consistent eligibility requirements for graduate \nmedical schools operating outside of the United States and Canada in \norder to increase accountability and protect American students and \ntaxpayer dollars.\n\nSEC. 3. FINDINGS.\n\n Congress finds the following:\n (1) Three for-profit schools in the Caribbean receive more \n than two-thirds of all Federal funding under title IV of the \n Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes \n to students enrolled at foreign graduate medical schools, \n despite those three schools being exempt from meeting the same \n eligibility requirements as the majority of graduate medical \n schools located outside of the United States and Canada.\n (2) The National Committee on Foreign Medical Education and \n Accreditation and the Department of Education recommend that \n all foreign graduate medical schools should be required to meet \n the same eligibility requirements to participate in Federal \n funding under title IV of the Higher Education Act of 1965 (20 \n U.S.C. 1070 et seq.) and see no rationale for excluding certain \n schools.\n (3) The attrition rate at United States medical schools \n averaged 3 percent for the class beginning in 2009 while rates \n at for-profit Caribbean schools have reached 26 percent or \n higher.\n (4) In 2013, residency match rates for foreign trained \n graduates averaged 53 percent compared to 94 percent for \n graduates of medical schools in the United States.\n (5) On average, students at for-profit medical schools \n operating outside of the United States and Canada amass more \n student debt than those at medical schools in the United \n States.\n\nSEC. 4. REPEAL GRANDFATHER PROVISIONS.\n\n Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1002(a)(2)) is amended--\n (1) in subparagraph (A), by striking clause (i) and \n inserting the following:\n ``(i) in the case of a graduate medical \n school located outside the United States--\n ``(I) at least 60 percent of those \n enrolled in, and at least 60 percent of \n the graduates of, the graduate medical \n school outside the United States were \n not persons described in section \n 484(a)(5) in the year preceding the \n year for which a student is seeking a \n loan under part D of title IV; and\n ``(II) at least 75 percent of the \n individuals who were students or \n graduates of the graduate medical \n school outside the United States or \n Canada (both nationals of the United \n States and others) taking the \n examinations administered by the \n Educational Commission for Foreign \n Medical Graduates received a passing \n score in the year preceding the year \n for which a student is seeking a loan \n under part D of title IV;''; and\n (2) in subparagraph (B)(iii), by adding at the end the \n following:\n ``(V) Expiration of authority.--The \n authority of a graduate medical school \n described in subclause (I) to qualify \n for participation in the loan programs \n under part D of title IV pursuant to \n this clause shall expire beginning on \n the first July 1 following the date of \n enactment of the Foreign Medical School \n Accountability Fairness Act of 2013.''.\n\nSEC. 5. LOSS OF ELIGIBILITY.\n\n If a graduate medical school loses eligibility to participate in \nthe loan programs under part D of title IV of the Higher Education Act \nof 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the \namendments made by section 4, then a student enrolled at such graduate \nmedical school on or before the date of enactment of this Act may, \nnotwithstanding such loss of eligibility, continue to be eligible to \nreceive a loan under such part D while attending such graduate medical \nschool in which the student was enrolled upon the date of enactment of \nthis Act, subject to the student continuing to meet all applicable \nrequirements for satisfactory academic progress, until the earliest \nof--\n (1) withdrawal by the student from the graduate medical \n school;\n (2) completion of the program of study by the student at \n the graduate medical school; or\n (3) the fourth June 30 after such loss of eligibility.","summary":"Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless: at least 60 of those enrolled in, and at least 60 of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents. And at least 75 of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score. Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment.","title":"Foreign Medical School Accountability Fairness Act of 2013","text_len":5466,"sum_len":990} {"bill_id":"108_hr4530","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Election Integrity Act of \n2004'' .\n\nSEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR \n VOTER REGISTRATION.\n\n (a) Application Provided With Motor Vehicle License Application.--\nSection 5(c)(2) of the National Voter Registration Act of 1993 (42 \nU.S.C. 1973gg--3(c)(2)) is amended--\n (1) in subparagraph (B), by striking ``may require'' and \n inserting ``in addition to the information required under \n subparagraph (E), may require'';\n (2) by striking ``and'' at the end of subparagraph (D);\n (3) by redesignating subparagraph (E) as subparagraph (F); \n and\n (4) by inserting after subparagraph (D) the following new \n subparagraph:\n ``(E) shall require the applicant to provide a photographic \n copy of any document which provides proof that the applicant is \n a citizen of the United States, in accordance with guidelines \n established by the Election Administration Commission in \n consultation with the Secretary of Homeland Security and the \n Secretary of State.''.\n (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--\n7(b)) is amended--\n (1) in paragraph (1), by striking ``may require'' and \n inserting ``consistent with paragraph (5), may require'';\n (2) by striking ``and'' at the end of paragraph (3);\n (3) by striking the period at the end of paragraph (4) and \n inserting ``; and''; and\n (4) by adding at the end the following new paragraph:\n ``(5) shall require the applicant to provide a photographic \n copy of any document which provides proof that the applicant is \n a citizen of the United States, in accordance with guidelines \n established by the Election Administration Commission in \n consultation with the Secretary of Homeland Security and the \n Secretary of State.''.\n (c) Special Rules for States Without Registration Requirement and \nStates Permitting Same-Day Registration.--\n (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--\n 6) is amended--\n (A) by redesignating subsection (j) as subsection \n (k); and\n (B) by inserting after subsection (i) the following \n new subsection:\n ``(j) Requirement for Proof of Citizenship in States Without \nRegistration Requirement and States Permitting Same-Day Registration.--\n ``(1) States without registration requirement.--In the case \n of a State described in section 4(b)(1), the appropriate State \n or local election official may not provide any individual with \n a ballot for an election for Federal office (including an \n absentee ballot) unless the individual provides the official \n with a photographic copy of any document which provides proof \n that the individual is a citizen of the United States, in \n accordance with guidelines established by the Election \n Administration Commission in consultation with the Secretary of \n Homeland Security and the Secretary of State.\n ``(2) States permitting same-day registration.--In the case \n of a State described in section 4(b)(2), the appropriate State \n or local election official may not permit any individual to \n register to vote in an election for Federal office (including \n an individual who desires to register to vote at the polling \n place at the time of voting in the election) unless the \n individual provides the official with a photographic copy of \n any document which provides proof that the individual is a \n citizen of the United States, in accordance with guidelines \n established by the Election Administration Commission in \n consultation with the Secretary of Homeland Security and the \n Secretary of State.''.\n (2) Conforming amendment.--Section 4(b) of such Act (42 \n U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and \n inserting ``Except as provided in section 8(j), this Act''.\n\nSEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.\n\n (a) In General.--Section 303(b) of the Help America Vote Act of \n2002 (42 U.S.C. 15483(b)) is amended--\n (1) in the heading, by striking ``for Voters Who Register \n by Mail'' and inserting ``for Providing Photo Identification''; \n and\n (2) by striking paragraphs (1) through (3) and inserting \n the following:\n ``(1) Individuals voting in person.--Notwithstanding any \n other provision of law, the appropriate State or local election \n official may not provide a ballot for an election for Federal \n office (including a provisional ballot under section 302(a)) to \n an individual who desires to vote in person unless the \n individual presents to the official a current and valid photo \n identification.\n ``(2) Individuals voting by mail.--Notwithstanding any \n other provision of law, the appropriate State or local election \n official may not accept any ballot for an election for Federal \n office provided by an individual who votes by mail unless the \n individual submits with the ballot a copy of a current and \n valid photo identification.''.\n (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. \n15483) is amended--\n (1) in the heading, by striking ``for voters who register \n by mail'' and inserting ``for providing photo identification''; \n and\n (2) in subsection (c), by striking ``subsections \n (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting \n ``subsection (a)(5)(A)(i)(II)''.\n (c) Clerical Amendment.--The table of contents of such Act is \namended by amending the item relating to section 303 to read as \nfollows:\n\n``Sec. 303. Computerized statewide voter registration list requirements \n and requirements for providing photo \n identification.''.\n (d) Effective Date.--Section 303(d) of such Act (42 U.S.C. \n15483(d)) is amended to read as follows:\n ``(d) Requirement to Provide Photo Identification.--Subsection (b) \nshall apply with respect to the regularly scheduled general election \nfor Federal office held in November 2004 and each succeeding election \nfor Federal office.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n This Act and the amendments made by this Act shall apply with \nrespect to the regularly scheduled general election for Federal office \nheld in November 2004 and each succeeding election for Federal office.","summary":"Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a US citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) providing a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid photo ID. Or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID.","title":"To amend the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a citizen of the United States to prevent fraud in Federal elections, and for other purposes.","text_len":6831,"sum_len":803} {"bill_id":"113_s1104","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Assessing Progress in Haiti Act of \n2014''.\nSEC. 2. FINDINGS.\n Congress makes the following findings:\n (1) On January 12, 2010, a massive earthquake struck near the \n Haitian capital city of Port-au-Prince, leaving an estimated \n 220,000 people dead, including 103 United States citizens, 101 \n United Nations personnel, and nearly 18 percent of the nation's \n civil service, as well as 300,000 injured, 115,000 homes destroyed, \n and 1,500,000 people displaced.\n (2) According to the Post Disaster Needs Assessment conducted \n by the Government of Haiti, with technical assistance from the \n United Nations, the World Bank, the Inter-American Development \n Bank, the Economic Commission for Latin America and the Caribbean, \n and the European Commission, an estimated 15 percent of the \n population was directly affected by the disaster and related \n damages and economic losses totaled $7,804,000,000.\n (3) Even before the earthquake, Haiti had some of the lowest \n socioeconomic indicators and the second highest rate of income \n disparity in the world, conditions that have further complicated \n post-earthquake recovery efforts and, according to the World Bank, \n have significantly reduced the prospects of addressing poverty \n reduction through economic growth.\n (4) According to the World Food Programme, more than 6,700,000 \n people in Haiti (out of a population of about 10,000,000) are \n considered food insecure.\n (5) In October 2010, an unprecedented outbreak of cholera in \n Haiti resulted in over 500,000 reported cases and over 8,000 deaths \n to date, further straining the capacity of Haiti's public health \n sector and increasing the urgency of resettlement and water, \n sanitation, and hygiene (WASH) efforts.\n (6) The international community, led by the United States and \n the United Nations, mounted an unprecedented humanitarian response \n in Haiti, with donors pledging approximately $10,400,000,000 for \n humanitarian relief and recovery efforts, including debt relief, \n supplemented by $3,100,000,000 in private charitable contributions, \n of which approximately $6,400,000,000 has been disbursed and an \n additional $3,800,000,000 has been committed as of September 30, \n 2013.\n (7) The emergency response of the men and women of the United \n States Government, led by the United States Agency for \n International Development (USAID) and the United States Southern \n Command, as well as of cities, towns, individuals, businesses, and \n philanthropic organizations across the United States, was \n particularly swift and resolute.\n (8) Since 2010, a total of $1,300,000,000 in United States \n assistance has been allocated for humanitarian relief and \n $2,300,000,000 has been allocated for recovery, reconstruction, and \n development assistance in Haiti, including $1,140,000,000 in \n emergency appropriations and $95,000,000 that has been obligated \n specifically to respond to the cholera epidemic.\n (9) Of the $3,600,000,000 in United States assistance allocated \n for Haiti, $651,000,000 was apportioned to USAID to support an \n ambitious recovery plan, including the construction of a power \n plant to provide electricity for the new Caracol Industrial Park \n (CIP) in northern Haiti, a new port near the CIP, and permanent \n housing in new settlements in the Port-au-Prince, St-Marc, and Cap-\n Haitien areas.\n (10) According to a recent report of the Government \n Accountability Office, as of June 30, 2013, USAID had disbursed 31 \n percent of its reconstruction funds in Haiti, the port project was \n 2 years behind schedule and USAID funding will be insufficient to \n cover a majority of the projected costs, the housing project has \n been reduced by 80 percent, and the sustainability of the power \n plant, the port, and the housing projects were all at risk.\n (11) GAO further found that Congress has not been provided with \n sufficient information to ensure that it is able to conduct \n effective oversight at a time when most funding remains to be \n disbursed, and specifically recommends that a periodic reporting \n mechanism be instituted to fill this information gap.\n (12) Donors have encountered significant challenges in \n implementing recovery programs, and nearly 4 years after the \n earthquake, an estimated 171,974 people remain displaced in camps, \n unemployment remains high, corruption is rampant, land rights \n remain elusive, allegations of wage violations are widespread, the \n business climate is unfavorable, and government capacity remains \n weak.\n (13) For Haiti to achieve stability and long term economic \n growth, donor assistance will have to be carefully coordinated with \n a commitment by the Government of Haiti to transparency, a market \n economy, rule of law, and democracy.\n (14) The legal environment in Haiti remains a challenge to \n achieving the goals supported by the international community.\nSEC. 3. STATEMENT OF POLICY.\n It is the policy of the United States to support the sustainable \nrebuilding and development of Haiti in a manner that--\n (1) promotes efforts that are led by and support the people and \n Government of Haiti at all levels so that Haitians lead the course \n of reconstruction and development of Haiti;\n (2) builds the long term capacity of the Government of Haiti \n and civil society in Haiti;\n (3) reflects the priorities and particular needs of both women \n and men so they may participate equally and to their maximum \n capacity;\n (4) respects and helps restore Haiti's natural resources, as \n well as builds community-level resilience to environmental and \n weather-related impacts;\n (5) provides timely and comprehensive reporting on goals and \n progress, as well as transparent post program evaluations and \n contracting data;\n (6) prioritizes the local procurement of goods and services in \n Haiti where appropriate; and\n (7) promotes the holding of free, fair, and timely elections in \n accordance with democratic principles and the Haitian Constitution.\nSEC. 4. SENSE OF CONGRESS.\n It is the sense of Congress that transparency, accountability, \ndemocracy, and good governance are integral factors in any \ncongressional decision regarding United States assistance, including \nassistance to Haiti.\nSEC. 5. REPORT.\n (a) In General.--Not later than December 31, 2014, and annually \nthereafter through December 31, 2017, the Secretary of State shall \nsubmit to Congress a report on the status of post-earthquake recovery \nand development efforts in Haiti.\n (b) Contents.--The report required by subsection (a) shall \ninclude--\n (1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward \n Renewal and Economic Opportunity'', including any significant \n changes to the strategy over the reporting period and an \n explanation thereof;\n (2) a breakdown of the work that the United States Government \n agencies other than USAID and the Department of State are \n conducting in the Haiti recovery effort, and the cost of that \n assistance;\n (3) an assessment of the progress of United States efforts to \n advance the objectives of the ``Post-Earthquake USG Haiti Strategy: \n Toward Renewal and Economic Opportunity'' produced by the \n Department of State, compared to what remains to be achieved to \n meet specific goals, including--\n (A) a description of any significant changes to the \n Strategy over the reporting period and an explanation thereof;\n (B) an assessment of progress, or lack thereof, over the \n reporting period toward meeting the goals and objectives, \n benchmarks, and timeframes specified in the Strategy, \n including--\n (i) a description of progress toward designing and \n implementing a coordinated and sustainable housing \n reconstruction strategy that addresses land ownership, \n secure land tenure, water and sanitation, and the unique \n concerns of vulnerable populations such as women and \n children, as well as neighborhood and community \n revitalization, housing finance, and capacity building for \n the Government of Haiti to implement an effective housing \n policy;\n (ii) a description of United States Government efforts \n to construct and sustain the proposed port, as well as an \n assessment of the current projected timeline and cost for \n completion; and\n (iii) a description of United States Government efforts \n to attract and leverage the investments of private sector \n partners to the CIP, including by addressing any policy \n impediments;\n (C) a description of the quantitative and qualitative \n indicators used to evaluate the progress toward meeting the \n goals and objectives, benchmarks, and timeframes specified in \n the Strategy at the program level;\n (D) the amounts committed, obligated, and expended on \n programs and activities to implement the Strategy, by sector \n and by implementing partner at the prime and subprime levels \n (in amounts of not less than $25,000); and\n (E) a description of the risk mitigation measures put in \n place to limit the exposure of United States assistance \n provided under the Strategy to waste, fraud, and abuse;\n (4) a description of measures taken to strengthen, and United \n States Government efforts to improve, Haitian governmental and \n nongovernmental organizational capacity to undertake and sustain \n United States-supported recovery programs;\n (5) as appropriate, a description of United States efforts to \n consult and engage with Government of Haiti ministries and local \n authorities on the establishment of goals and timeframes, and on \n the design and implementation of new programs under the Post-\n Earthquake USG Haiti Strategy: Toward Renewal and Economic \n Opportunity;\n (6) a description of efforts by Haiti's legislative and \n executive branches to consult and engage with Haitian civil society \n and grassroots organizations on the establishment of goals and \n timeframes, and on the design and implementation of new donor-\n financed programs, as well as efforts to coordinate with and engage \n the Haitian diaspora;\n (7) consistent with the Government of Haiti's ratification of \n the United Nations Convention Against Corruption, a description of \n efforts of the Governments of the United States and Haiti to \n strengthen Government of Haiti institutions established to address \n corruption, as well as related efforts to promote public \n accountability, meet public outreach and disclosure obligations, \n and support civil society participation in anti-corruption efforts;\n (8) a description of efforts to leverage public-private \n partnerships and increase the involvement of the private sector in \n Haiti in recovery and development activities and coordinate \n programs with the private sector and other donors;\n (9) a description of efforts to address the particular needs of \n vulnerable populations, including internally displaced persons, \n women, children, orphans, and persons with disabilities, in the \n design and implementation of new programs and infrastructure;\n (10) a description of the impact that agriculture and \n infrastructure programs are having on the food security, \n livelihoods, and land tenure security of smallholder farmers, \n particularly women;\n (11) a description of mechanisms for communicating the progress \n of recovery and development efforts to the people of Haiti, \n including a description of efforts to provide documentation, \n reporting and procurement information in Haitian Creole;\n (12) a description of the steps the Government of Haiti is \n taking to strengthen its capacity to receive individuals who are \n removed, excluded, or deported from the United States; and\n (13) an assessment of actions necessary to be taken by the \n Government of Haiti to assist in fulfilling the objectives of the \n Strategy.\nSEC. 6. STRATEGY.\n (a) In General.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of State, acting through the \nAssistant Secretary of State for Western Hemisphere Affairs, shall \ncoordinate and transmit to the Committee on Foreign Relations and the \nCommittee on Appropriations of the Senate and the Committee on Foreign \nAffairs and the Committee on Appropriations of the House of \nRepresentatives a three-year Haiti strategy based on rigorous \nassessments that--\n (1) identifies and addresses constraints to sustainable, broad-\n based economic growth and to the consolidation of responsive, \n democratic government institutions;\n (2) includes an action plan that outlines policy tools, \n technical assistance, and anticipated resources for addressing the \n highest-priority constraints to economic growth and the \n consolidation of democracy, as well as a specific description of \n mechanisms for monitoring and evaluating progress; and\n (3) identifies specific steps and verifiable benchmarks \n appropriate to provide direct bilateral assistance to the \n Government of Haiti.\n (b) Elements.--The strategy required under subsection (a) should \naddress the following elements:\n (1) A plan to engage the Government of Haiti on shared \n priorities to build long-term capacity, including the development \n of a professional civil service, to assume increasing \n responsibility for governance and budgetary sustainment of \n governmental institutions.\n (2) A plan to assist the Government of Haiti in holding free, \n fair and timely elections in accordance with democratic principles.\n (3) Specific goals for future United States support for efforts \n to build the capacity of the Government of Haiti, including to-\n (A) reduce corruption;\n (B) consolidate the rule of law and an independent \n judiciary;\n (C) strengthen the civilian police force;\n (D) develop sustainable housing, including ensuring \n appropriate titling and land ownership rights;\n (E) expand port capacity to support economic growth;\n (F) attract and leverage the investments of private sector \n partners, including to the Caracol Industrial Park;\n (G) promote large and small scale agricultural development \n in a manner that reduces food insecurity and contributes to \n economic growth;\n (H) improve access to potable water, expand public \n sanitation services, reduce the spread of infectious diseases, \n and address public health crises;\n (I) restore the natural resources of Haiti, including \n enhancing reforestation efforts throughout the country; and\n (J) gain access to safe, secure, and affordable supplies of \n energy in order to strengthen economic growth and energy \n security.\n (c) Consultation.--In devising the strategy required under \nsubsection (a), the Secretary should--\n (1) coordinate with all United States Government departments \n and agencies carrying out work in Haiti;\n (2) consult with the Government of Haiti, including the \n National Assembly of Haiti, and representatives of private and \n nongovernmental sectors in Haiti; and\n (3) consult with relevant multilateral organizations, \n multilateral development banks, private sector institutions, \n nongovernmental organizations, and foreign governments present in \n Haiti.\n (d) Briefings.--The Secretary of State, at the request of the \nCommittee on Foreign Relations of the Senate and the Committee on \nForeign Affairs of the House of Representatives, shall provide a \nquarterly briefing that reviews progress of the implementation of the \nstrategy required under subsection (a).\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was reported to the Senate on June 26, 2014. Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding US assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions. (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints. And (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.","title":"Assessing Progress in Haiti Act of 2014","text_len":16773,"sum_len":1031} {"bill_id":"111_hr3492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Construction Quality Assurance Act \nof 2009''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) In the construction industry, specialty subcontractors \n now perform the majority of construction work, in certain cases \n 100 percent of the work, under the management of a prime \n contractor, making the subcontractors' price and performance \n the key determinant in the overall cost of construction \n projects, including those performed for the Federal Government.\n (2) Detrimental practices known as ``bid shopping'' and \n ``bid peddling'' exist in the construction industry, including \n construction projects for the Federal Government.\n (3) ``Bid shopping'' occurs when a contractor, after award \n of a contract, contracts with subcontractors at a price less \n than the quoted price of the subcontractor upon which the \n contractor's fixed bid price was based, in order to increase \n the contractor's profit on the project without any benefit to \n the entity for which the contract is being performed.\n (4) ``Bid peddling'' occurs when a subcontractor that is \n not selected for inclusion in a contractor's team seeks to \n induce the contractor, after award of the contract, to \n substitute the subcontractor for another subcontractor whose \n bid price was reflected in the successful bid of the contractor \n by offering to reduce its price for performance of the \n specified work, suggesting that the previous offer of the \n subcontractor was padded or incorrect.\n (5) Bid shopping and bid peddling--\n (A) threaten the integrity of the competitive bid \n system for construction that benefits the Federal \n Government, the construction industry, and the economy \n of the United States as a whole;\n (B) compromise national security by promoting \n uncertainty about which contractors actually perform \n work on critical infrastructure projects;\n (C) deprive taxpayers of the benefits of full and \n open competition among prospective contractors and \n subcontractors for the performance of Federal \n construction projects;\n (D) expose Federal construction projects to the \n dangers of substandard performance, substitution of \n lower quality materials, and other detrimental cost-\n cutting practices by an unscrupulous substituted \n subcontractor; and\n (E) can be effectively deterred in Federal \n construction by modifying the Federal Acquisition \n Regulation to require bid listing, which is the \n practice of requiring each offeror for a Federal \n construction contract to list the subcontractors whose \n performance is reflected in the bid price, procedures \n for the substitution of listed subcontractors for good \n cause, and other deterrents to abuse.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Contract.--The term ``contract'' means any contract \n with the Federal Government, exceeding $1,000,000 in amount, \n for the construction, alteration, or repair of any public \n building or public work of the United States.\n (2) Contractor.--The term ``contractor'' means an \n individual or entity that has been awarded or is seeking to be \n awarded a construction contract by the Federal Government.\n (3) Subcontractor.--The term ``subcontractor'' means an \n individual or entity that subcontracts with a contractor in an \n amount in excess of $100,000 for work on a contract.\n\nSEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS \n ON CONSTRUCTION PROJECTS.\n\n (a) Requirement To List Subcontractors.--\n (1) In general.--Each solicitation by an executive agency \n for the procurement of construction in an amount in excess of \n $1,000,000 shall require each bidder to submit as part of its \n bid the name, location of the place of business, and nature of \n the work of each subcontractor with whom the bidder, if awarded \n the contract, will subcontract for work in an amount in excess \n of $100,000 on the contract.\n (2) Requirements for specific categories.--\n (A) Except as provided in subparagraphs (B) and \n (C), the bidder shall list only one subcontractor for \n each category of work as defined by the bidder in its \n bid or proposal.\n (B) A bidder may list multiple subcontractors for a \n category of work if each such subcontractor is listed \n to perform a discrete portion of the work within a \n category.\n (C) A bidder may list itself for any portion of \n work under the contract, which shall be deemed a \n representation by the bidder that it is fully qualified \n to perform that portion of the work itself and that the \n bidder will perform that portion itself.\n (3) Result of failure to list subcontractors.--An executive \n agency shall consider any bidder that fails to list \n subcontractors in accordance with this Act and the regulations \n promulgated pursuant to section 7 of this Act to be non-\n responsive and bids by such bidders shall not be considered.\n (b) Procedures for Substitution of a Listed Subcontractor.--\n (1) Consent and good cause required.--No contractor shall \n substitute a subcontractor in place of the subcontractor listed \n in the original bid or proposal, except with the consent of the \n contracting officer for good cause.\n (2) Examples of good cause.--Good cause under paragraph (1) \n shall include the following:\n (A) Failure of the subcontractor to execute a \n written contract after a reasonable period if such \n written contract, based upon the terms, conditions, \n plans, and specifications of the contract and the terms \n of the subcontractor's bid or proposal, is presented to \n the subcontractor by the contractor.\n (B) Bankruptcy of the subcontractor.\n (C) The death or physical disability of the \n subcontractor, if the subcontractor is an individual.\n (D) Dissolution of the subcontractor, if the \n subcontractor is a corporation or partnership.\n (E) Failure of a subcontractor to meet the surety \n bond requirements specified by the bidder as a \n condition of the subcontractor to perform on the \n contract, if awarded to the bidder.\n (F) The subcontractor is ineligible to perform on \n the subcontract because the subcontractor is suspended, \n debarred, or otherwise ineligible to perform.\n (G) A series of failures by the subcontractor to \n perform in accordance with the specification, terms, \n and conditions of its subcontract resulting in the \n withholding of amounts requested by the subcontractor \n in accordance with section 3905 of title 31, United \n States Code, and the regulations implementing such \n section.\n (H) Failure of the subcontractor to comply with a \n requirement of law applicable to the subcontractor.\n (I) Failure or refusal of the subcontractor to \n perform the subcontract.\n (3) Requests for substitution.--A request of a contractor \n for a substitution of a listed subcontractor shall be submitted \n in writing to the contracting officer and shall include the \n reasons for the request. The contractor shall provide a copy of \n its request for substitution to the listed subcontractor by any \n means that provides written third-party verification of \n delivery to the last known address of the subcontractor. A \n subcontractor who has been so notified shall have five working \n days within which to submit written objections to the \n substitution to the contracting officer. Failure to file such \n written objections shall constitute the consent of the listed \n subcontractor to the substitution.\n (c) Limitation on Assignment, Transfer, or Substitution.--\n (1) Limitation on assignment or transfer.--No contractor \n shall permit any subcontract to be voluntarily assigned or \n transferred or to be performed by any entity other than the \n subcontractor listed in the bid or proposal without the consent \n of the contracting officer. Consent of the contracting officer \n to a contractor for a substitution shall--\n (A) be promptly made in writing; and\n (B) be included in the contract file.\n (2) Limitation on substitution.--No contractor that listed \n itself for a portion of the work under the contract shall \n subcontract any portion of the work for which it listed itself, \n unless authorized by the contracting officer to substitute one \n or more subcontractors to perform such work.\n\nSEC. 5. PENALTIES.\n\n (a) In General.--\n (1) A contractor shall be subject to penalties if, without \n obtaining the approval of the contracting officer, the \n contractor--\n (A) replaces a listed subcontractor for a contract \n with an executive agency; or\n (B) awards a subcontract to a subcontractor to \n perform work which the contractor had identified as \n work to be performed directly by the contractor.\n (2) A subcontractor shall also be subject to penalties if \n the subcontractor is determined to have knowingly participated \n in the failure of the contractor to comply with the regulatory \n provisions relating to the substitution of a listed \n subcontractor.\n (b) Amount of Penalties To Be Imposed.--The amount of penalties \nimposed under this section shall be equal to the greater of--\n (1) 10 percent of the amount of the bid by the listed \n subcontractor;\n (2) the difference between the amount of the bid by the \n listed subcontractor and the amount of the bid by the \n substituted subcontractor; or\n (3) the difference between the amount of the bid by a \n substituted subcontractor and the dollar value specified by the \n contractor for the work which the contractor had listed for its \n own performance.\n (c) Source of Funds for Penalties.--Penalties assessed pursuant to \nthis section shall be deducted from the remaining unpaid contract \nbalance and deposited into the fund from which the contract was \nawarded.\n\nSEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.\n\n The imposition of penalties on a contractor or subcontractor for \nfailure to comply with the procedures for the substitution of \nsubcontractors on 2 contracts within a 3-year period shall be deemed to \nbe adequate evidence of the commission of an offense indicating a lack \nof business integrity or business honesty that seriously and directly \naffects the present responsibility of a Government contractor within \nthe meaning of part 9.4 of the Federal Acquisition Regulation \n(Debarment, Suspension, and Eligibility) (48 CFR 9.4).\n\nSEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.\n\n (a) Proposed Revisions.--Proposed revisions to the Government-wide \nFederal Acquisition Regulation to implement the provisions in this Act \nshall be published not later than 120 days after the date of the \nenactment of this Act and provide not less than 60 days for public \ncomment.\n (b) Final Regulations.--Final regulations shall be published not \nless than 180 days after the date of the enactment of this Act and \nshall be effective on the date that is 30 days after the date of \npublication.","summary":"Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests. And (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.","title":"To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping.","text_len":12695,"sum_len":1013} {"bill_id":"103_hr2811","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``National Oceanic and Atmospheric \nAdministration Atmospheric and Satellite Program Authorization Act of \n1993''.\n\n TITLE I--AUTHORIZATION OF APPROPRIATIONS\n\nSEC. 101. NATIONAL WEATHER SERVICE.\n\n (a) Operations and Research.--There are authorized to be \nappropriated to the Secretary of Commerce (in this Act referred to as \nthe ``Secretary'') to enable the National Oceanic and Atmospheric \nAdministration to carry out the operations and research duties of the \nNational Weather Service, $473,256,000 for fiscal year 1994 and \n$492,185,000 for fiscal year 1995. Such duties include meteorological, \nhydrological, and oceanographic public warnings and forecasts, as well \nas applied research in support of such warnings and forecasts.\n (b) Systems Acquisition.--There are authorized to be appropriated \nto the Secretary to enable the National Oceanic and Atmospheric \nAdministration to carry out the public warning and forecast systems \nduties of the National Weather Service, $76,299,000 for fiscal year \n1994 and $14,600,000 for fiscal year 1995. Such duties include the \ndevelopment, acquisition, and implementation of major public warning \nand forecast systems. None of the funds authorized under this \nsubsection shall be used for the purposes for which funds are \nauthorized under section 102(b) of the National Oceanic and Atmospheric \nAdministration Authorization Act of 1992 (Public Law 102-567). None of \nthe funds authorized under this subsection for fiscal year 1995 shall \nbe used for the purposes for which funds are authorized under \nsubsections (c) and (d) of this section. No funds may be expended for \nNext Generation Doppler Weather Radar (NEXRAD) until the requirements \nof paragraph (2)(A) or (B) of such section 102(b) have been fulfilled \nby the Secretary. None of the funds authorized by such section 102(b) \nshall be expended for a particular NEXRAD installation unless--\n (1) it is identified as a National Weather Service NEXRAD \n installation in the National Implementation Plan for \n modernization of the National Weather Service for fiscal year \n 1994, required under section 703 of the National Oceanic and \n Atmospheric Administration Authorization Act of 1992 (Public \n Law 102-567);\n (2) the Secretary, in consultation with the Modernization \n Transition Committee established under section 707 of the \n National Oceanic and Atmospheric Administration Authorization \n Act of 1992, has made a determination of technical and \n programmatic necessity with respect to such installation and a \n period of 60 legislative days after the transmittal to the \n Congress of such determination, or the period between such \n transmittal and the next October 1, whichever period is longer, \n has passed; or\n (3) it is to be used only for spare parts, not as an \n installation at a particular site.\nFor purposes of this subsection, the term ``legislative day'' means any \nday on which either House of Congress is in session.\n (c) ASOS Complete Program Authorization.--(1) Except as provided in \nparagraph (2), there are authorized to be appropriated to the Secretary \nfor all fiscal years beginning after September 30, 1994, an aggregate \nof $30,808,000, to remain available until expended, to complete the \nacquisition and deployment of--\n (A) the Automated Surface Observing System and related \n systems, including multisensor and backup arrays for National \n Weather Service sites at airports; and\n (B) Automated Meteorological Observing System and Remote \n Automated Meteorological Observing System replacement units,\nand to cover all associated activities, including program management \nand operations and maintenance through September 30, 1996.\n (2) No funds are authorized to be appropriated for any fiscal year \nunder paragraph (1) unless, within 60 days after the submission of the \nPresident's budget request for such fiscal year, the Secretary--\n (A) certifies to the Congress that--\n (i) the systems meet the technical performance \n specifications included in the system contract as in \n effect on February 20, 1991;\n (ii) the systems can be fully deployed, sited, and \n operational without requiring further appropriations \n beyond amounts authorized under paragraph (1); and\n (iii) the Secretary does not foresee any delays in \n the systems deployment and operations schedule; or\n (B) submits to the Congress a report which describes--\n (i) the circumstances which prevent a certification \n under subparagraph (A);\n (ii) remedial actions undertaken or to be \n undertaken with respect to such circumstances;\n (iii) the effects of such circumstances on the \n systems deployment and operations schedule and systems \n coverage; and\n (iv) a justification for proceeding with the \n program, if appropriate.\n (d) AWIPS Complete Program Authorization.--(1) Except as provided \nin paragraph (2), there are authorized to be appropriated to the \nSecretary for all fiscal years beginning after September 30, 1994, an \naggregate of $315,887,000, to remain available until expended, to \ncomplete the acquisition and deployment of the Advanced Weather \nInteractive Processing System and NOAA Port and to cover all associated \nactivities, including program management and operations and maintenance \nthrough September 30, 1999.\n (2) No funds are authorized to be appropriated for any fiscal year \nunder paragraph (1) unless, within 60 days after the submission of the \nPresident's budget request for such fiscal year, the Secretary--\n (A) certifies to the Congress that--\n (i) the systems meet the technical performance \n specifications included in the system contract as in \n effect on January 5, 1993;\n (ii) the systems can be fully deployed, sited, and \n operational without requiring further appropriations \n beyond amounts authorized under paragraph (1); and\n (iii) the Secretary does not foresee any delays in \n the systems deployment and operations schedule; or\n (B) submits to the Congress a report which describes--\n (i) the circumstances which prevent a certification \n under subparagraph (A);\n (ii) remedial actions undertaken or to be \n undertaken with respect to such circumstances;\n (iii) the effects of such circumstances on the \n systems deployment and operations schedule and systems \n coverage; and\n (iv) a justification for proceeding with the \n program, if appropriate.\n (e) Construction of Weather Forecast Offices.--There are authorized \nto be appropriated to the Secretary to enable the National Oceanic and \nAtmospheric Administration to carry out construction, repair, and \nmodification activities relating to new and existing weather forecast \noffices, $62,784,000 for fiscal year 1994 and $14,739,000 for fiscal \nyear 1995. Such activities include planning, design, and land \nacquisition related to such offices.\n\nSEC. 102. ATMOSPHERIC RESEARCH.\n\n (a) Climate and Air Quality Research.--\n (1) In general.--There are authorized to be appropriated to \n the Secretary to enable the National Oceanic and Atmospheric \n Administration to carry out its climate and air quality \n research duties, $105,922,000 for fiscal year 1994 and \n $138,737,000 for fiscal year 1995. Such duties include \n interannual and seasonal climate research and long-term climate \n and air quality research.\n (2) Climate and global change.--Of the sums authorized \n under paragraph (1), $66,902,000 for fiscal year 1994 and \n $84,573,000 for fiscal year 1995 are authorized to be \n appropriated for the purposes of studying climate and global \n change, including global observations, monitoring, and data and \n information management relating to the study of changes in the \n Earth's climatic system, and fundamental research on oceanic \n and atmospheric processes critical to climate prediction and \n diagnostics.\n (b) Atmospheric Programs.--There are authorized to be appropriated \nto the Secretary to enable the National Oceanic and Atmospheric \nAdministration to carry out its atmospheric research duties, \n$42,103,000 for fiscal year 1994 and $52,980,000 for fiscal year 1995. \nSuch duties include research for developing improved prediction \ncapabilities for atmospheric processes, as well as solar-terrestrial \nresearch and services.\n\nSEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION \n SERVICE.\n\n (a) Satellite Observing Systems.--There are authorized to be \nappropriated to the Secretary to enable the National Oceanic and \nAtmospheric Administration to carry out its satellite observing systems \nduties, $206,383,000 for fiscal year 1994 and $217,710,000 for fiscal \nyear 1995, except that no funds may be expended for Geostationary \nOperational Environmental Satellite until the requirements of section \n105(d)(2) (A) or (B) of the National Oceanic and Atmospheric \nAdministration Authorization Act of 1992 (Public Law 102-567) have been \nfulfilled by the Secretary. Such duties include spacecraft procurement, \nlaunch, and associated ground station systems involving polar orbiting \nand geostationary environmental satellites, as well as the operation of \nsuch satellites. None of the funds authorized under this subsection \nshall be used for the purposes for which funds are authorized under \nsection 105(d) of the National Oceanic and Atmospheric Administration \nAuthorization Act of 1992 (Public Law 102-567). None of the funds \nauthorized under this subsection for fiscal year 1995 shall be used for \nthe purposes for which funds are authorized under subsection (b) of \nthis section.\n (b) POES Complete Program Authorization.--(1) Except as provided in \nparagraph (2), there are authorized to be appropriated to the Secretary \nfor all fiscal years beginning after September 30, 1994, an aggregate \nof $196,343,000, to remain available until expended, to complete the \nprocurement of Polar Orbiting Environmental Satellites J, K, L, and M, \nand the procurement of the launching and supporting ground systems of \nsuch satellites.\n (2) No funds are authorized to be appropriated for any fiscal year \nunder paragraph (1) unless, within 60 days after the submission of the \nPresident's budget request for such fiscal year, the Secretary--\n (A) certifies to the Congress that--\n (i) the satellite instruments meet the technical \n performance specifications included in the satellite \n contracts as in effect on July 27, 1988;\n (ii) the procurements can be completed without \n requiring further appropriations beyond amounts \n authorized under paragraph (1); and\n (iii) the Secretary does not foresee any gaps in \n two-satellite service operations resulting from \n nonperformance of the satellite contract; or\n (B) submits to the Congress a report which describes--\n (i) the circumstances which prevent a certification \n under subparagraph (A);\n (ii) remedial actions undertaken or to be \n undertaken with respect to such circumstances;\n (iii) the effects of such circumstances on the \n launch schedule and satellite coverage; and\n (iv) a justification for proceeding with the \n program, if appropriate.\n (3) No funds for Polar Orbiting Environmental Satellites, other \nthan for Polar Orbiting Environmental Satellites J, K, L, and M, are \nauthorized to be appropriated under subsection (a) unless the Director \nof the Office of Science and Technology Policy submits an \nimplementation plan for a single operational polar environmental and \nweather satellite system and the policy for polar satellite system \nconvergence with the European Organization for the Exploitation of \nMeteorological Satellites (EUMETSAT).\n (c) Environmental Data and Information Services.--There are \nauthorized to be appropriated to the Secretary to enable the National \nOceanic and Atmospheric Administration to carry out its environmental \ndata and information services duties, $34,068,000 for fiscal year 1994 \nand $41,227,000 for fiscal year 1995. Such duties include climate data \nservices, geophysical data services, and environmental assessment and \ninformation services.\n\nSEC. 104. PROGRAM SUPPORT.\n\n (a) Administration and Services.--There are authorized to be \nappropriated to the Secretary for Administration and Services, \n$73,319,000 for fiscal year 1994 and $76,252,000 for fiscal year 1995.\n (b) Aircraft Services.--There are authorized to be appropriated to \nthe Secretary for Aircraft Services and Aircraft Critical Safety and \nInstrumentation, $9,495,000 for fiscal year 1994 and $9,875,000 for \nfiscal year 1995.\n\nSEC. 105. LIMITATION ON APPROPRIATIONS.\n\n Notwithstanding any other provision of law, except as provided in \nsection 101(c) and (d) and section 103(b), no funds are authorized to \nbe appropriated for any fiscal year after fiscal year 1995 for carrying \nout the programs for which funds are authorized by this Act. This \nsection shall not apply to the programs described in section 102(a)(2) \nor section 104(a).\n\n TITLE II--MISCELLANEOUS PROVISIONS\n\nSEC. 201. STRATEGIC PLAN FOR ENVIRONMENTAL RESEARCH LABORATORIES.\n\n (a) Assessment.--The Secretary shall conduct an assessment of the \nlong-term role and mission of the Environmental Research Laboratories \nof the National Oceanic and Atmospheric Administration and the \nrelevance of the research conducted therein to issues of global and \nnational importance. In conducting such assessment, the Secretary shall \ntake into consideration--\n (1) the adequacy of resources provided to support the \n missions of the Environmental Research Laboratories;\n (2) the ability of the Environmental Research Laboratories \n to provide research support for the coastal and ocean \n management and regulatory responsibilities of the National \n Oceanic and Atmospheric Administration;\n (3) the capacity of the Environmental Research Laboratories \n to process and disseminate environmental data and information \n collected and processed, or expected to be collected and \n processed, by the National Oceanic and Atmospheric \n Administration and other appropriate Federal departments and \n agencies;\n (4) the mission of the Environmental Research Laboratories \n to provide solar-terrestrial services to the Nation;\n (5) the ability of the Environmental Research Laboratories \n to provide continued support for the modernization of weather \n services;\n (6) the responsibilities of the Environmental Research \n Laboratories to monitor, assess, and predict changes in the \n Earth's climate;\n (7) the capability of the Environmental Research \n Laboratories to integrate and interpret scientific data in \n order to provide information useful to policy makers for \n responding to national and global environmental concerns;\n (8) the operational efficiency and effectiveness of the \n Environmental Research Laboratories;\n (9) the interaction of the Environmental Research \n Laboratories with the academic community, including Joint and \n Cooperative Institutes, and the ability of these interactions \n to improve the quality and effectiveness of research;\n (10) the number, location, and geographic distribution of \n the Environmental Research Laboratories; and\n (11) any other issues that the Secretary may identify.\n (b) Comprehensive Strategic Plan.--Not later than 1 year after the \ndate of enactment of this Act, the Secretary shall develop and submit \nto the Committee on Commerce, Science, and Transportation of the Senate \nand the Committee on Science, Space, and Technology and the Committee \non Merchant Marine and Fisheries of the House of Representatives a \ncomprehensive strategic plan, based on the assessment conducted under \nsubsection (a), to modernize and improve the role and mission of the \nEnvironmental Research Laboratories of the National Oceanic and \nAtmospheric Administration. The assessment conducted under subsection \n(a) shall be submitted along with such plan.\n\nSEC. 202. HYDROLOGICAL RESEARCH AND FLOOD FORECAST MODERNIZATION \n REPORT.\n\n (a) In General.--Not later than 6 months after the date of \nenactment of this Act, the Secretary, in consultation with the heads of \nother appropriate Federal agencies, shall prepare and submit to the \nCommittee on Commerce, Science, and Transportation of the Senate and \nthe Committee on Science, Space, and Technology of the House of \nRepresentatives a report identifying the actions required to improve \nthe hydrological research programs and to modernize the Flood \nForecasting System of the National Weather Service.\n (b) Report Contents.--The report required under subsection (a) \nshall include consideration of--\n (1) current, planned, and potential technological \n improvements in the collection of observational hydrological \n data;\n (2) use of additional satellite remote-sensing data and \n airborne surveys, including those systems operated by other \n Federal agencies, for hydrological data collection;\n (3) improvements in data analysis and computer modeling in \n support of flood forecasts and predictions; and\n (4) full integration of the River Forecast Centers in the \n National Weather Service Modernization Plan.\n\nSEC. 203. SENSE OF CONGRESS.\n\n It is the sense of Congress that any transfers of National Weather \nService employees from field offices necessitated by the National \nImplementation Plan for Modernization of the National Weather Service \nbe carried out in a manner that will not result in the degradation of \nservices in the service area of such field office.\n\n Passed the House of Representatives November 20, 1993.\n\n Attest:\n\n DONNALD K. ANDERSON,\n\n Clerk.\n\n By Dallas L. Dendy, Jr.,\n\n Assistant to the Clerk.\n\nHR 2811 RFS----2","summary":"National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993 - Title I: Authorization of Appropriations - Authorizes appropriations to the Secretary of Commerce for: (1) the National Weather Service, (2) atmospheric research. (3) national environmental data and information services and satellite observing systems. And (4) program support . Title II: Miscellaneous Provisions - Directs the Secretary to: (1) develop a strategic plan for the National Oceanic and Atmospheric Administration's environmental research laboratories. And (2) prepare a hydrological research and flood forecasting modernization report. Expresses the sense of the Congress that any transfers of National Weather Service field office employees necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not degrade field services.","title":"National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993","text_len":19350,"sum_len":929} {"bill_id":"110_hr4247","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Strengthening the \nTransition and Reintegration Of the National Guard and Reserves Act'' \nor the ``STRONGR Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Extension of transitional health care coverage to one year for \n members of reserve components for mental \n health care.\nSec. 3. Increase in amount of basic educational assistance for members \n of the Selected Reserve and members of \n reserve components supporting contingency \n operations.\nSec. 4. Nonreduction in pay while Federal employee is serving on active \n duty in a reserve component of the \n uniformed services.\nSec. 5. Assistance for State and local governments that continue to pay \n employees who serve on active duty in a \n reserve component of the uniformed \n services.\nSec. 6. Active-duty reserve component employee credit added to general \n business credit.\n\nSEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR \n MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE.\n\n Section 1145(a) of title 10, United States Code, is amended in \nparagraph (3)--\n (1) by inserting ``(A)'' after ``(3)''; and\n (2) by adding at the end the following new subparagraph:\n ``(B) In addition to the period described in subparagraph \n (A), transitional health care shall be available for an \n additional 180 days, for mental health care only, to a member \n of a reserve component described in paragraph (2)(B). The \n additional 180 days shall begin at the end of the period \n described in subparagraph (A).''.\n\nSEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS \n OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS \n SUPPORTING CONTINGENCY OPERATIONS.\n\n (a) Members of Selected Reserve.--\n (1) Increase in amount of assistance.--Section 16131(b) of \n title 10, United States Code, is amended--\n (A) in paragraph (1), by striking ``at the \n following rates'' and all that follows through the end \n and inserting ``at the rate provided under paragraph \n (2).''; and\n (B) in paragraph (2), by striking all and inserting \n the following:\n ``(2)(A) Educational assistance provided under this chapter shall \nbe paid at a rate equal the applicable percentage under subparagraph \n(B) of the rate provided under section 3015(a) of title 38 for an \napproved program of education pursued on a full-time basis.\n ``(B) The applicable percentage under this subparagraph is--\n ``(i) 50 percent for each month in which the individual \n pursues an approved program of education on a full time basis;\n ``(ii) 37.5 percent for each month in which the individual \n pursues an approved program of education on a three-quarter-\n time basis;\n ``(iii) 25 percent for each month in which the individual \n pursues an approved program of education on a half-time basis; \n and\n ``(iv) an appropriately reduced percent, as determined \n under regulations which the Secretary of Veterans Affairs shall \n prescribe, for each month in which the individual pursues an \n approved program of education on less than a half-time basis, \n except that no payment may be made to an individual for a month \n in which the individual pursues such a program on less than a \n half-time basis if tuition assistance is otherwise available to \n the individual for such pursuit from the military department \n concerned.''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply with respect to an educational assistance allowance \n under section 16131(b) of such title paid for months beginning \n after the date of the enactment of this Act.\n (b) Reserve Components Supporting Contingency Operations.--\n (1) Increase in amount.--Section 16162(c)(4) of title 10, \n United States Code, is amended--\n (A) in subparagraph (A) by striking ``40 percent'' \n and inserting ``60 percent''; and\n (B) in subparagraph (B) by striking ``60 percent'' \n and inserting ``70 percent''.\n (2) Effective date.--The amendments made by paragraph (1) \n shall apply with respect to an educational assistance allowance \n under section 16162(c)(4) of such title paid for months \n beginning after the date of the enactment of this Act.\n\nSEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE \n DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES.\n\n (a) In General.--Subchapter IV of chapter 55 of title 5, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 5538. Nonreduction in pay while serving on active duty in a \n reserve component\n ``(a) An employee who is also a member of a reserve component and \nis absent from a position of employment with the Federal Government \nunder a call or order to serve on active duty for a period of more than \n30 days shall be entitled to receive, for each pay period described in \nsubsection (b), an amount equal to the amount by which--\n ``(1) the amount of civilian basic pay that would otherwise \n have been payable to the employee for such pay period if the \n employee's civilian employment with the Government had not been \n interrupted by the service on active duty, exceeds (if at all)\n ``(2) the amount of military compensation that is payable \n to the employee for the service on active duty and is allocable \n to such pay period.\n ``(b)(1) Amounts under this section shall be payable with respect \nto each pay period (which would otherwise apply if the employee's \ncivilian employment had not been interrupted) that occurs--\n ``(A) while the employee serves on active duty for a period \n of more than 30 days;\n ``(B) while the employee is hospitalized for, or \n convalescing from, an illness or injury incurred in, or \n aggravated during, the performance of such active duty; or\n ``(C) during the 14-day period beginning at the end of such \n active duty or the end of the period referred to in \n subparagraph (B).\n ``(2) Paragraph (1) shall not apply with respect to a pay period \nfor which the employee receives civilian basic pay (including by taking \nany annual, military, or other paid leave) to which the employee is \nentitled by virtue of the employee's civilian employment with the \nGovernment.\n ``(c) Any amount payable under this section to an employee shall be \npaid--\n ``(1) by the employing agency of the employee;\n ``(2) from the appropriation or fund that would be used to \n pay the employee if the employee were in a pay status; and\n ``(3) to the extent practicable, at the same time and in \n the same manner as would civilian basic pay if the employee's \n civilian employment had not been interrupted.\n ``(d) In consultation with Secretary of Defense, the Office of \nPersonnel Management shall prescribe such regulations as may be \nnecessary to carry out this section.\n ``(e)(1) In consultation with the Office, the head of each agency \nreferred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to \nensure that the rights under this section apply to the employees of \nsuch agency.\n ``(2) The Administrator of the Federal Aviation Administration \nshall, in consultation with the Office, prescribe procedures to ensure \nthat the rights under this section apply to the employees of that \nagency.\n ``(f) For the purpose of this section--\n ``(1) the terms `active duty for a period of more than 30 \n days', `member', and `reserve component' have the meanings \n given such terms in section 101 of title 37;\n ``(2) the term `civilian basic pay' includes any amount \n payable under section 5304;\n ``(3) the term `employing agency', as used with respect to \n an employee entitled to any payments under this section, means \n the agency or other entity of the Government (including an \n agency referred to in section 2302(a)(2)(C)(ii)) with respect \n to which the employee has reemployment rights under chapter 43 \n of title 38; and\n ``(4) the term `military compensation' has the meaning \n given the term `pay' in section 101(21) of title 37.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 55 of title 5, United States Code, is amended by inserting \nafter the item relating to section 5537 the following new item:\n\n``5538. Nonreduction in pay while serving on active duty in a reserve \n component.''.\n (c) Application of Amendment.--Section 5538 of title 5, United \nStates Code, as added by subsection (a), shall apply with respect to \npay periods (as described in subsection (b) of such section) beginning \non or after the date of the enactment of this Act.\n\nSEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY \n EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT \n OF THE UNIFORMED SERVICES.\n\n (a) In General.--Chapter 17 of title 37, United States Code, is \namended by adding at the end the following new section:\n``Sec. 911. Assistance for State and local governments that continue to \n pay employees who serve on active duty\n ``(a) Continuation of Civilian Basic Pay.--It is the purpose of \nthis section to encourage States and local governments to continue to \npay a portion of the civilian compensation of those employees who are \nalso members of a reserve component and are absent from a position of \nemployment with the State or local government under a call or order to \nserve on active duty for a period of more than 30 days so that the \nemployees receive compensation in an amount that, when taken together \nwith their military pay, is at least equal to their civilian \ncompensation.\n ``(b) Reimbursement Offered.--(1) At the request of a State or \nlocal government that continues to pay all or a portion of the civilian \ncompensation of an employee described in subsection (a), the Secretary \nconcerned shall reimburse the State or local government for 50 percent \nof the civilian compensation paid by the State or local government for \neach pay period described in subsection (c), but not to exceed 50 \npercent of the difference (if any) between--\n ``(A) the amount of civilian compensation that would \n otherwise have been payable to the employee for such pay period \n if the employee's civilian employment with the State or local \n government had not been interrupted by the service on active \n duty; and\n ``(B) the amount of military pay that is payable to the \n employee for the service on active duty and is allocable to \n such pay period.\n ``(2) If the pay periods described in subsection (c) extend more \nthan nine consecutive months after the first day of the first month \nduring which the employee began to serve on active duty for a period of \nmore than 30 days, the reimbursement rate shall become 100 percent for \nthe subsequent payments. However, as is the case under paragraph (1), \nreimbursement shall be provided only for the difference (if any) \nbetween--\n ``(A) the amount of civilian compensation that would \n otherwise have been payable to the employee for such pay period \n if the employee's civilian employment with the State or local \n government had not been interrupted by the service on active \n duty; and\n ``(B) the amount of military pay that is payable to the \n employee for the service on active duty and is allocable to \n such pay period.\n ``(c) Pay Periods.--Reimbursement shall be provided under this \nsection with respect to each pay period (which would otherwise apply if \nthe employee's civilian employment had not been interrupted) that \noccurs--\n ``(1) while the employee serves on active duty for a period \n of more than 30 days;\n ``(2) while the employee is hospitalized for, or \n convalescing from, an illness or injury incurred in, or \n aggravated during, the performance of such active duty; or\n ``(3) during the 14-day period beginning at the end of such \n active duty or the end of the period referred to in \n subparagraph (B).\n ``(d) Effect of Failure To Return to Employment.--(1) If an \nemployee described in subsection (a), with respect to whom \nreimbursement is provided to a State or local government under this \nsection, fails to report or apply for employment or reemployment with \nthe State or local government by the end of the period referred to in \nsubsection (c)(3), the employee shall refund to the Secretary concerned \nthe total amount of the reimbursement provided with respect to the \nemployee.\n ``(2) Subject to paragraph (3), an obligation to refund moneys to \nthe United States imposed under paragraph (1) is for all purposes a \ndebt owed to the United States.\n ``(3) The Secretary concerned may waive, in whole or in part, a \nrefund required under paragraph (1) if the Secretary concerned \ndetermines that recovery would be against equity and good conscience or \nwould be contrary to the best interests of the United States.\n ``(4) A discharge in bankruptcy under title 11 that is entered less \nthan five years after the end of the period referred to in subsection \n(c)(3) does not discharge the employee from a debt arising under \nparagraph (1). This paragraph applies to any case commenced under title \n11 after the date of the enactment of this section.\n ``(e) Regulations.--The Secretaries concerned shall prescribe \nregulations to carry out this section.\n ``(f) Definitions.--In this section:\n ``(1) The term `civilian compensation' means the wages or \n salary that an employee of a State or local government normally \n receives from the employee's employment by the State or local \n government.\n ``(2) The term `local government' means an agency or \n political subdivision of a State.\n ``(3) The term `military pay' has the meaning given the \n term `pay' in section 101(21) of this title.\n ``(4) The term `State' means each of the several States of \n the United States, the District of Columbia, the Commonwealth \n of Puerto Rico, Guam, the Virgin Islands, and other territories \n or possessions of the United States.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of title 37, is amended by inserting after the item relating \nto section 909 the following new item:\n\n``911. Assistance for State and local governments that continue to pay \n employees who serve on active duty.''.\n (c) Application of Amendment.--Section 911 of title 37, United \nStates Code, as added by subsection (a), shall apply with respect to \npay periods (as described in subsection (b) of such section) beginning \non or after the date of the enactment of this Act.\n\nSEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL \n BUSINESS CREDIT.\n\n (a) Addition of Credit.--Subpart D of part IV of subchapter A of \nchapter 1 of the Internal Revenue Code of 1986 (relating to business-\nrelated credits) is amended by adding at the end the following new \nsection:\n\n``SEC. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.\n\n ``(a) General Rule.--For purposes of section 38, in the case of an \nemployer, the active-duty reserve component employee credit determined \nunder this section for the taxable year is an amount equal to 50 \npercent of the compensation paid by the employer to an employee who is \nalso a member of a reserve component during the taxable year when the \nemployee was absent from employment for a reason described in \nsubsection (b).\n ``(b) Limitation.--The amount allowed as a credit under subsection \n(a) shall not exceed 50 percent of the difference (if any) between--\n ``(1) the amount of compensation that would otherwise have \n been payable to the employee during such absence if the \n employee's employment with the employer had not been \n interrupted by the employee's absence; and\n ``(2) the amount of military pay that is payable to the \n employee during the absence.\n ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect \nto an employee who is also a member of a reserve component--\n ``(1) while the employee serves on active duty for a period \n of more than 30 days;\n ``(2) while the employee is hospitalized for, or \n convalescing from, an illness or injury incurred in, or \n aggravated during, the performance of such active duty; or\n ``(3) during the 14-day period beginning at the end of such \n active duty or the end of the period referred to in paragraph \n (2).\n ``(d) Days Not Taken Into Account.--No credit shall be allowed \nunder subsection (a) with respect to an employee on any day on which \nthe employee was not scheduled to work (for a reason other than such \nservice on active duty) and ordinarily would not have worked.\n ``(e) Definitions.--For purposes of this section--\n ``(1) The terms `active duty for a period of more than 30 \n days', `member', and `reserve component' have the meanings \n given such terms in section 101 of title 37, United States \n Code.\n ``(2) The term `compensation' means any remuneration for \n employment, whether in cash or in kind, which is paid or \n incurred by a taxpayer and which is deductible from the \n taxpayer's gross income under section 162(a)(1).''.\n (b) Credit To Be Part of General Business Credit.--Subsection (b) \nof section 38 of such Code (relating to general business credit) is \namended by striking ``plus'' at the end of paragraph (30), by striking \nthe period at the end of paragraph (31) and inserting ``, plus'', and \nby adding at the end the following new paragraph:\n ``(32) the active-duty reserve component employee credit \n determined under section 45N(a).''.\n (c) Conforming Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 45M the following new \nitem:\n\n``Sec. 45N. Active-duty reserve component employee credit.''.\n (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.","summary":"Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50 of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100 if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.","title":"To improve certain compensation, health care, and education benefits for individuals who serve in a reserve component of the uniformed services, and for other purposes.","text_len":19504,"sum_len":1139} {"bill_id":"105_hr1719","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Sportsmen's Bill of Rights Act''.\n\nSEC. 2. FINDINGS; POLICY.\n\n (a) Findings.--The Congress finds the following:\n (1) Fishing is an important and traditional recreational \n activity in which 36,000,000 Americans 16 years old and older \n participate.\n (2) Hunting is an important and traditional recreational \n activity in which 14,000,000 Americans 16 years old and older \n participate.\n (3) Survey data from a recent comprehensive 3-year study \n entitled ``Factors Related to Hunting and Fishing Participation \n in the United States'' suggest that an overwhelming majority of \n Americans approved of fishing and hunting.\n (4) Anglers and hunters have been and continue to be among \n the foremost supporters of sound wildlife management and \n conservation practices in the United States.\n (5) Persons who hunt or fish and organizations related to \n those activities provide direct assistance to wildlife managers \n and enforcement officers of Federal, State, and local \n governments.\n (6) Funds raised through license, permit, and stamp \n purchases, as well as through excise taxes on goods used by \n anglers and hunters, have generated more than $6,000,000,000 \n for wildlife research and management.\n (7) Fishing and hunting are essential components of \n effective wildlife management, in that they tend to reduce \n conflicts between people and wildlife and provide incentives \n for the conservation of wildlife and habitats and ecosystems on \n which wildlife depends.\n (8) Each State has established one or more agencies staffed \n by professionally trained fish and wildlife management \n personnel, has legal authority to manage the fish and wildlife \n found within the State, and carries out sound programs of fish \n and wildlife management.\n (b) Policy.--It is the policy of the United States that in \nperforming duties under Federal law, all Federal agencies that have \nauthority to manage a natural resource or the Federal public land and \nwater on which a natural resource depends shall exercise the authority, \nconsistent with section 3(e), in a manner so as to support, promote, \nand enhance hunting and fishing opportunities to the extent permitted \nunder State law and regulation and in accordance with applicable \nFederal law.\n\nSEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS.\n\n (a) In General.--Federal public land and water shall be open to \naccess and use for fishing and hunting except--\n (1) as limited by the State in which the Federal public \n land or water is located; or\n (2) as limited by the Federal agency responsible for the \n Federal public land or water--\n (A) for reasons of national security;\n (B) for reasons of public safety; or\n (C) for reasons specifically authorized in \n applicable statutes.\n (b) Limitations on Terms of Federal Closure to Fishing or \nHunting.--\n (1) Limitation on duration.--Any closure of Federal public \n land or water to fishing or hunting may continue in effect only \n during the period in which the specific circumstances for which \n the closure is established exist.\n (2) Rule of construction.--Any authority of a Federal \n agency to close particular land or water to hunting or fishing \n shall not be construed as authority to protect or manage fish \n or wildlife.\n (c) Certain Federal Public Land and Water Administered by the \nNational Park Service.--Nothing in this Act shall compel the opening to \nhunting or fishing of national parks or national monuments administered \nby the National Park Service.\n (d) No Priority.--This section does not require a Federal agency to \ngive preference to fishing or hunting over other uses of Federal public \nland or water or land or water management priorities established in \nFederal law.\n (e) Authority of the States.--\n (1) In general.--Nothing in this Act impairs the primacy of \n State authority in regulating the taking of fish and wildlife \n on land or water within the State, including Federal public \n land or water.\n (2) Federal authority.--Except as expressly provided by Act \n of Congress, the authority of a Federal agency regarding the \n taking of fish and wildlife on Federal public land or water \n managed by the Federal agency shall be no greater than the \n rights of a private owner of land or water.\n\nSEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS.\n\n (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An \nAct to provide that the United States shall aid the States in wildlife-\nrestoration projects, and for other purposes'', approved September \n2, 1937 (16 U.S.C. 669 et seq.; commonly known as the Federal Aid in \nWildlife Restoration Act), is amended--\n (1) by striking ``Secretary of Agriculture'' each place it \n appears and inserting ``Secretary of the Interior''; and\n (2) in section 4 by adding at the end the following:\n ``(c) The amount of funding made available to the Secretary of the \nInterior for expenses under this section shall not be available for use \nas a supplement to decreased funding for any other expense under the \nauthority of the Secretary of the Interior.''.\n (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act \nentitled ``An Act to provide that the United States shall aid the \nStates in fish restoration and management projects, and for other \npurposes'', approved August 9, 1950 (16 U.S.C. 777c; commonly known as \nthe Federal Aid in Fish Restoration Act), is amended by adding at the \nend the following:\n ``(f) The amount of funding made available to the Secretary of the \nInterior for expenses under this section shall not be available for use \nas a supplement to decreased funding for any other expense under the \nauthority of the Secretary of the Interior.''.\n\nSEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS.\n\n (a) Statement.--No Federal agency action that may significantly \ndiminish opportunities or access to engage in fishing or hunting on \nFederal public land or water shall be effective until the agency \nprepares a detailed statement evaluating the effect of the action on \nfishing and hunting.\n (b) Notice and Hearing.--Before taking an action described in \nsubsection (a), a Federal agency shall--\n (1) provide notice of the proposed agency action to the \n appropriate State agency responsible for the conduct or \n oversight of fish and wildlife management; and\n (2) conduct a public hearing in the vicinity of the \n proposed action.\n (c) Judicial Review.--An individual or entity that may be adversely \naffected by a loss of fishing or hunting opportunities on Federal \npublic land or water as a result of an agency action described in \nsubsection (a) may bring a civil action in a United States district \ncourt for review of the adequacy of the statement required in \nsubsection (a).\n (d) Emergencies.--Nothing in this section precludes an agency from \nexercising statutory authority to close Federal public land or water in \nan emergency or other exigent circumstances.\n (e) Effect on Other Law.--Nothing in this section affects or has \napplication to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or \nthe Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. \n1801 et seq.).\n\nSEC. 6. CIVIL ACTIONS.\n\n (a) Intervention.--A person interested in participating in fishing \nor hunting shall be entitled to intervene as a matter of right in a \ncivil action brought under any other Federal law relating to the use of \nany Federal public land or water in which the plaintiff seeks an order \nthat would require the use (or nonuse) of the land or water in such a \nmanner as to impair access to or use of the land or water for the \npurpose of fishing or hunting as required by this Act.\n (b) Consideration of Interests.--If an intervenor under subsection \n(a) shows that the application of another Federal law as sought by the \nplaintiff would be likely to impair access to or use of the Federal \npublic land or water for the purpose of fishing or hunting as required \nby this Act, the court shall not grant the relief sought unless the \nplaintiff shows that the interest intended to be advanced by the other \nFederal law clearly outweighs the interest of protecting access to and \nuse of Federal public land or water for fishing and hunting.\n (c) State Deemed Indispensable Party.--In any civil action brought \nin any United States district court under any other Federal law \nrelating to the use of any Federal public land or water, a State is \ndeemed an indispensable party if management by the State of fish and \nresident wildlife, including hunting and fishing, would be curtailed or \nif opportunities provided by the State for hunting and fishing would be \nreduced or eliminated by a grant of preliminary or final relief.\n\nSEC. 7. STANDING TO BRING A CIVIL ACTION.\n\n An individual who is licensed by a State to engage in fishing or \nhunting, or an organization representing the interests of such \nindividuals, may bring a civil action in a United States district court \nto seek declaratory or injunctive relief regarding the implementation \nof any provision of this Act, including a declaration that a civil \naction brought by another person may significantly disrupt or eliminate \nopportunities for fishing or hunting and an injunction against the \nprosecution of the civil action.\n\nSEC. 8. DEFINITIONS.\n\n As used in this Act:\n (1) Hunting and fishing.--For any State, the terms \n ``hunting'' and ``fishing'' include all means and methods of \n taking fish and wildlife as authorized and regulated by the \n State agency responsible for the conduct or oversight of fish \n and wildlife management.\n (2) Federal public land or water.--The term ``Federal \n public land or water''--\n (A) except as provided in subparagraph (B), means \n all lands and waters owned in fee by the United States \n and all property interests owned by the United States \n in land or water, including easements, that are \n administered by--\n (i) the Secretary of the Interior through \n the Bureau of Land Management, the United \n States Fish and Wildlife Service, the National \n Park Service, or the Bureau of Reclamation;\n (ii) the Secretary of Agriculture through \n the United States Forest Service; or\n (iii) the Secretary of Defense through the \n United States Army Corps of Engineers or \n pursuant to the Sikes Act (16 U.S.C. 670a et \n seq.); and\n (B) does not include any land or water, or interest \n in land or water, that is part of a national park or \n national monument, administered by the National Park \n Service.","summary":"Sportsmen's Bill of Rights Act - Requires Federal public land and water to be open to access and use for fishing and hunting except as limited by: (1) the State involved. Or (2) the responsible Federal agency for reasons of national security, public safety, or specific authorization. Allows such land to be closed only during the period in which the reasons for such closure exist. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico in wildlife-restoration projects. Prohibits funds made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects under such Act and the Federal Aid in Fish Restoration Act from being used as a supplement to decreased funding for any other expense of the Secretary. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water until the agency prepares a detailed statement evaluating the action's effect on fishing and hunting. Provides for judicial review of such action. Provides for intervention by an interested person in a civil action relating to the use of Federal public land or water for fishing or hunting. Provides standing to seek declaratory or injunctive relief regarding the implementation of this Act for an individual licensed to engage in fishing or hunting, or an organization representing the interests of such individuals.","title":"Sportsmen's Bill of Rights Act","text_len":11573,"sum_len":1541} {"bill_id":"107_s1706","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Bioweapons Control and Tracking Act \nof 2001''.\n\nSEC. 2. REGULATION OF BIOLOGICAL AGENTS AND TOXINS.\n\n (a) Biological Agents Provisions of the Antiterrorism and Effective \nDeath Penalty Act of 1996; Codification in the Public Health Service \nAct, With Amendments.--\n (1) Public health service act.--Subpart 1 of part F of \n title III of the Public Health Service Act (42 U.S.C. 262 et \n seq.) is amended by inserting after section 351 the following:\n\n``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.\n\n ``(a) Regulatory Control of Biological Agents and Toxins.--\n ``(1) List of biological agents and toxins.--\n ``(A) In general.--The Secretary shall by \n regulation establish and maintain a list of each \n biological agent and each toxin that has the potential \n to pose a severe threat to public health and safety.\n ``(B) Criteria.--In determining whether to include \n an agent or toxin on the list under subparagraph (A), \n the Secretary shall--\n ``(i) consider--\n ``(I) the effect on human health of \n exposure to the agent or toxin;\n ``(II) the degree of contagiousness \n of the agent or toxin and the methods \n by which the agent or toxin is \n transferred to humans;\n ``(III) the availability and \n effectiveness of immunizations to \n prevent and treatments for any illness \n resulting from infection by the agent \n or toxin; and\n ``(IV) any other criteria that the \n Secretary considers appropriate; and\n ``(ii) consult with appropriate Federal \n departments and agencies, and with scientific \n experts representing appropriate professional \n groups.\n ``(2) Biennial review.--The Secretary shall review the list \n under paragraph (1) biennially, or more often, and republish \n the list as necessary to incorporate revisions to protect the \n public health and safety.\n ``(b) Regulation of Possession, Use, and Transfer of Listed \nBiological Agents and Toxins.--The Secretary shall by regulation \nprovide for--\n ``(1) the establishment and enforcement of safety standards \n and procedures for the possession, use and transfer of \n biological agents and toxins listed pursuant to subsection \n (a)(1), including measures to ensure--\n ``(A) proper training and appropriate skills to \n handle such agents and toxins; and\n ``(B) proper laboratory facilities to contain and \n dispose of such agents and toxins;\n ``(2) the establishment and enforcement of safeguards and \n security standards and procedures to prevent access to such \n agents and toxins for use in domestic or international \n terrorism or for any other criminal purpose;\n ``(3) the establishment of procedures to protect the public \n safety in the event of a violation of the safety procedures \n established under paragraph (1) or the safeguards established \n under paragraph (2); and\n ``(4) appropriate availability of biological agents and \n toxins for research, education, and other legitimate purposes.\n ``(c) Registration and Traceability Mechanisms; Database.--\nRegulations under subsection (b) shall require registration of the \npossession, use, and transfer of biological agents and toxins listed \npursuant to subsection (a)(1), and such registration shall include \ninformation available to the registered persons regarding the \ncharacterization of such biological agents and toxins to facilitate \ntheir identification and traceability. The Secretary shall maintain a \nnational database of the location of such agents and toxins, with their \ncharacterizations.\n ``(d) Security and Safeguards.--\n ``(1) In general.--In carrying out paragraphs (2) and (3) \n of subsection (b), the Secretary shall establish appropriate \n security requirements for persons possessing, using, or \n transferring biological agents and toxins listed pursuant to \n subsection (a)(1), and shall ensure compliance with such \n requirements as a condition of registration under regulations \n issued under subsection (c). In developing such requirements \n the Secretary shall consult with the Attorney General and \n appropriate security experts.\n ``(2) Restricted persons.--Regulations issued under \n subsection (b) shall include provisions--\n ``(A) to restrict access to biological agents and \n toxins listed pursuant to subsection (a)(1) only to \n those individuals who need to handle or use such agents \n or toxins; and\n ``(B) to provide for prompt screening of such \n persons using criminal, immigration, and national \n security databases available to the Federal Government \n to identify persons who are restricted persons, as \n defined in section 175b of title 18, United States \n Code.\n ``(e) Inspections.--The Secretary shall have the authority to \ninspect persons subject to regulations under subsection (b) to ensure \ntheir compliance with such regulations.\n ``(f) Exemptions.--The Secretary may establish exemptions from the \napplicability of provisions of regulations under subsection (b) if the \nSecretary determines that the exemptions are consistent with protecting \nthe public health and safety. Any exemption from registration under \nsubsection (c) shall be based on transience of possession or on the \nlack of utility of the agent or toxin for use as a weapon, and shall be \nconsistent with maintaining a complete database under such subsection \n(c).\n ``(g) Disclosure of Information.--\n ``(1) In general.--Any information in the possession of any \n Federal agency that identifies a person, or the geographic \n location of a person, who is registered pursuant to regulations \n under this section (including regulations promulgated before \n the effective date of this subsection), and any site-specific \n information relating to the type, quantity, or identity of a \n biological agent or toxin listed pursuant to subsection (a)(1) \n or the site-specific security mechanisms in place to protect \n such agents and toxins, shall not be disclosed under section \n 552(a) of title 5, United States Code.\n ``(2) Disclosures for public health and safety; congress.--\n Nothing in this section may be construed as preventing the head \n of any Federal agency--\n ``(A) from making disclosures of information \n described in paragraph (1) for purposes of protecting \n the public health and safety; or\n ``(B) from making disclosures of such information \n to any committee or subcommittee of Congress with \n appropriate jurisdiction upon request.\n ``(h) Civil Penalty.--In addition to any other penalties that may \napply under law, any person who violates any provision of regulations \nunder subsection (b) shall be subject to the United States for a civil \npenalty in an amount not exceeding $250,000 in the case of an \nindividual and $500,000 in the case of any other person.\n ``(i) Definitions.--For purposes of this section, the terms \n`biological agent' and `toxin' have the meanings given such terms in \nsection 178 of title 18, United States Code.''.\n (2) Relation to other laws.--\n (A) Rule of construction.--Regulations promulgated \n by the Secretary of Health and Human Services under \n section 511 of the Antiterrorism and Effective Death \n Penalty Act of 1998 are deemed to have been promulgated \n under section 351A of the Public Health Service Act, as \n added by paragraph (1) of this subsection. Such \n regulations, including the list under subsection (d)(1) \n of such section 511, that were in effect on the day \n before the date of the enactment of this Act remain in \n effect until modified by the Secretary.\n (B) Conforming amendment.--Subsections (d), (e), \n (f), and (g) of section 511 of the Antiterrorism and \n Effective Death Penalty Act of 1996 (42 U.S.C. 262 \n note) are repealed.\n (3) Regulations regarding registration.--\n (A) Date certain for promulgation; effective date \n regarding criminal and civil penalties.--Not later than \n 30 days after the date of the enactment of this Act, \n the Secretary of Health and Human Services shall \n promulgate an interim final rule for carrying out \n section 351A(c) of the Public Health Service Act, as \n added by paragraph (1) of this subsection. Such interim \n final rule takes effect 60 days after the date on which \n such rule is promulgated for purposes of--\n (i) section 175B (b) and (c) of title 18, \n United States Code (relating to criminal \n penalties, as added by subsection (b) of this \n section; and\n (ii) section 351(h) of the Public Health \n Service Act (relating to civil penalties).\n (B) Submission of registration applications.--A \n person who, as of the date of the interim final rule \n promulgated under subparagraph (A), is in possession of \n a biological agent or toxin listed pursuant to section \n 351A(a) of the Public Health Service Act, as added by \n paragraph (1) of this subsection, shall in accordance \n with such interim final rule, submit an application for \n a registration to possess such agent or toxin not later \n than 30 days after the date on which such rule is \n promulgated.\n (4) Effective date regarding disclosure of information.--\n Subsection (g) of section 351A of the Public Health Service \n Act, as added by paragraph (1) of this subsection, is deemed to \n have taken effect on the effective date of the Antiterrorism \n and Effective Death Penalty Act of 1996.\n (b) Select Agents.--\n (1) In general.--Section 175b of title 18, United States \n Code, as added by section 817 of Public Law 107-56, is \n amended--\n (A) by striking ``(a)'' and inserting ``(a)(1)'';\n (B) by transferring subsection (c) from the current \n placement of the subsection and inserting the \n subsection before subsection (b).\n (C) by striking ``(c)'' and inserting ``(2)'';\n (D) by redesignating subsection (b) as subsection \n (d); and\n (E) by inserting before subsection (d) as so \n redesignated) the following subsections:\n ``(b) Unregistered for Possession or Transfer.--Whoever knowingly \npossesses or transfers a select agent for which such person has not \nobtained a registration required by a regulation issued under section \n351A(c) of the Public Health Service Act shall be fined under this \ntitle, or imprisoned for not more than 5 years, or both.\n ``(c) Transfer to Unregistered Person.--Whoever knowingly transfers \na select agent to a person who has not obtained a registration required \nby a regulation issued under subsection (c) of section 351A of the \nPublic Health Service Act shall be fined under this tile, or imprisoned \nfor not more than 5 years, or both.''.\n (c) Report to Congress.--Not later than 1 year after the date of \nthe enactment of this Act, the Secretary of Health and Human Services, \nafter consultation with other appropriate Federal agencies, shall \nsubmit to Congress a report that--\n (1) describes the extent to which there has been compliance \n by governmental and private entities with applicable \n regulations under section 351A of the Public Health Service Act \n (as added by subsection (a)(1));\n (2) describes the actions taken by the date of the report \n and future plans of the Secretary for updating the list of \n biological agents and toxins under such section 351A;\n (3) describes the actions taken by the date of the report \n and future plans of the Secretary for determining compliance \n with regulations under such section 351A and for taking \n appropriate enforcement actions; and\n (4) provides any recommendations of the Secretary for \n administrative or legislative initiatives regarding such \n section 351A.","summary":"Bioweapons Control and Tracking Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish and maintain a list of each biological agent and each toxin with potential to severely threaten public health and safety. (2) promulgate regulations establishing safety and security standards, procedures, restricted access, and registration requirements for listed agents and toxins, including traceability mechanisms. And (3) establish exemptions consistent with public safety. Imposes civil penalties for violations of these requirements.","title":"A bill to provide for the enhanced control of biological agents and toxins.","text_len":13763,"sum_len":594} {"bill_id":"110_s300","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Lower Colorado River Multi-Species \nConservation Program Act''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Lower colorado river multi-species conservation \n program.--The term ``Lower Colorado River Multi-Species \n Conservation Program'' or ``LCR MSCP'' means the cooperative \n effort on the Lower Colorado River between Federal and non-\n Federal entities in Arizona, California, and Nevada approved by \n the Secretary of the Interior on April 2, 2005.\n (2) Lower colorado river.--The term ``Lower Colorado \n River'' means the Colorado River from Lake Mead to the \n Southerly International Boundary with Mexico, including its \n historic floodplain and its mainstem reservoirs to their full \n pool elevations.\n (3) Program documents.--The term ``Program Documents'' \n means the Habitat Conservation Plan, Biological Assessment and \n Biological and Conference Opinion, Environmental Impact \n Statement\/Environmental Impact Report, Funding and Management \n Agreement, Implementing Agreement, and Section 10(a)(1)(B) \n Permit issued and, as applicable, executed in connection with \n the LCR MSCP.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means each of the States of \n Arizona, California, and Nevada.\n (6) Steering committee.--The term ``Steering Committee'' \n means the LCR MSCP steering committee established pursuant to \n the Program Documents.\n\nSEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.\n\n (a) Implementation.--The Secretary shall manage and implement the \nLCR MSCP in accordance with the Program Documents.\n (b) Water Accounting.--The Secretary is authorized and directed to \nenter into an agreement with the States providing for the use of water \nfrom the Lower Colorado River for habitat creation and maintenance in \naccordance with the Program Documents.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to the \nSecretary such sums as may be necessary to meet the obligations of the \nSecretary under the Program Documents, to remain available until \nexpended.\n (b) Investments.--The Secretary is authorized to invest with the \nSecretary of the Treasury such portions of appropriations, and any non-\nFederal contributions made pursuant to the Program Documents, as are \nnot, in the judgment of the Secretary, required to meet current \nexpenditures. Such investments shall be made only in interest-bearing \nobligations of the United States. Funds invested under this subsection \nand interest on those funds shall be available to the Secretary to meet \nthe obligations of the Secretary under the Program Documents.\n (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated \nto and expended by the Secretary for the LCR MSCP shall be non-\nreimbursable and non-returnable.\n\nSEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF \n PROGRAM DOCUMENTS.\n\n (a) In General.--Nothing in this Act shall impair any right to the \ndelivery or beneficial consumptive use of Colorado River water under \nany compact, treaty, law, decree, or contract in effect on the date of \nenactment of this Act.\n (b) Continuity of Program Documents.--No future act of Congress \nrelating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the \neffect of modifying the Program Documents unless expressly made \napplicable to the LCR MSCP.\n (c) Enforceability of Program Documents.--Any party to any \nagreement entered into with the United States or any agency thereof \npursuant to the LCR MSCP may commence a civil action in United States \ndistrict court to enforce the agreement or to declare the rights and \nobligations of the parties under the Program Documents. The district \ncourt shall have jurisdiction of such actions and may issue such \norders, judgments, and decrees as are consistent with the court's \nexercise of jurisdiction under this section. The United States or any \nagency thereof may be named as a defendant in such actions. The \nsovereign immunity of the United States is waived for purposes of \nactions commenced pursuant to this section. Nothing in this section \nwaives the sovereign immunity of the United States to claims for money \ndamages, monetary compensation, the provision of indemnity, or any \nclaim seeking money from the United States. Any suit pursuant to this \nsection may be brought in any United States district court in the State \nin which any non-Federal party to the suit is situated.\n (d) Applicable Law.--Nothing in this Act affects the enforceability \nof the requirement that the Program Documents comply with existing law \nas of April 2, 2005, except that the Steering Committee shall not be \nsubject to the Federal Advisory Committee Act (5 U.S.C. App.).","summary":"Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact StatementEnvironmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in US district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.","title":"A bill to authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the States of Arizona, California, and Nevada, and for other purposes.","text_len":5018,"sum_len":904} {"bill_id":"107_hr2174","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Robert S. Walker and George E. \nBrown, Jr. Hydrogen Energy Act of 2001''.\n\nSEC. 2. PURPOSES.\n\n Section 102(b) of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n ``(b) Purposes.--The purposes of this Act are--\n ``(1) to direct the Secretary to conduct research, \n development, and demonstration activities leading to the \n production, storage, transportation, and use of hydrogen for \n industrial, commercial, residential, transportation, and \n utility applications;\n ``(2) to direct the Secretary to develop a program of \n technology assessment, information dissemination, and education \n in which Federal, State, and local agencies, members of the \n energy, transportation, and other industries, and other \n entities may participate; and\n ``(3) to develop methods of hydrogen production that \n minimize adverse environmental impacts, including efficient and \n cost-effective production from renewable and nonrenewable \n energy resources.''.\n\nSEC. 3. DEFINITIONS.\n\n Section 102(c) of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended--\n (1) by redesignating paragraphs (1) through (3) as \n paragraphs (2) through (4), respectively; and\n (2) by inserting before paragraph (2), as so redesignated \n by paragraph (1) of this section, the following new paragraph:\n ``(1) `advisory board' means the advisory board established \n under section 108;''.\n\nSEC. 4. REPORTS TO CONGRESS.\n\n Section 103 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n\n``SEC. 103. REPORTS TO CONGRESS.\n\n ``(a) Requirement.--Not later than 1 year after the date of the \nenactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen \nEnergy Act of 2001, and annually thereafter, the Secretary shall \ntransmit to Congress a detailed report on the status and progress of \nthe programs and activities authorized under this Act.\n ``(b) Contents.--A report under subsection (a) shall include, in \naddition to any views and recommendations of the Secretary--\n ``(1) an analysis of Federal, State, and local hydrogen-\n related research and development activities to identify \n productive areas for increased intergovernmental collaboration;\n ``(2) a determination of the effectiveness of the \n technology assessment, information dissemination, and education \n program established under section 106; and\n ``(3) recommendations of the advisory board for any \n improvements needed in the programs and activities authorized \n by this Act.''.\n\nSEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT.\n\n Section 104 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n\n``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.\n\n ``(a) Establishment of Program.--The Secretary shall conduct a \nhydrogen research and development program relating to production, \nstorage, transportation, and use of hydrogen, with the goal of enabling \nthe private sector to demonstrate the technical feasibility of using \nhydrogen for industrial, commercial, residential, transportation, and \nutility applications.\n ``(b) Elements.--In conducting the program authorized by this \nsection, the Secretary shall--\n ``(1) give particular attention to developing an \n understanding and resolution of critical technical issues \n preventing the introduction of hydrogen into the marketplace;\n ``(2) initiate or accelerate existing research and \n development in critical technical issues that will contribute \n to the development of more economical hydrogen production, \n storage, transportation, and use, including critical technical \n issues with respect to production (giving priority to those \n production techniques that use renewable energy resources as \n their primary source of energy for hydrogen production), \n liquefaction, transmission, distribution, storage, and use \n (including use of hydrogen in surface transportation); and\n ``(3) survey private sector and public sector hydrogen \n research and development activities worldwide, and take steps \n to ensure that research and development activities under this \n section do not--\n ``(A) duplicate any available research and \n development results; or\n ``(B) displace or compete with the privately funded \n hydrogen research and development activities of United \n States industry.\n ``(c) Evaluation of Technologies.--The Secretary shall evaluate, \nfor the purpose of determining whether to undertake or fund research \nand development activities under this section, any reasonable new or \nimproved technology that could lead or contribute to the development of \neconomical hydrogen production, storage, transportation, and use.\n ``(d) Competitive Peer Review.--The Secretary shall carry out or \nfund research and development activities under this section only on a \ncompetitive basis using peer review.\n ``(e) Cost Sharing.--The Secretary shall require, for research and \ndevelopment activities carried out by industry under this section, a \ncommitment from non-Federal sources of at least 20 percent of the cost \nof the project.''.\n\nSEC. 6. DEMONSTRATIONS.\n\n Section 105(c) of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended by inserting \n``Non-Federal Funding Requirement.--'' after ``(c)''.\n\nSEC. 7. TECHNOLOGY TRANSFER.\n\n Section 106 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n\n``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND \n EDUCATION PROGRAM.\n\n ``(a) Program.--The Secretary shall, in consultation with the \nadvisory board, conduct a program designed to accelerate wider \napplication of hydrogen production, storage, transportation, and use \ntechnologies, including application in foreign countries to increase \nthe global market for the technologies and foster global economic \ndevelopment without harmful environmental effects.\n ``(b) Information.--The Secretary, in carrying out the program \nauthorized by subsection (a), shall--\n ``(1) undertake an update of the inventory and assessment, \n required under section 106(b)(1) of this Act as in effect \n before the date of the enactment of the Robert S. Walker and \n George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen \n technologies and their commercial capability to economically \n produce, store, transport, or use hydrogen in industrial, \n commercial, residential, transportation, and utility sectors;\n ``(2) develop, with other Federal agencies as appropriate \n and industry, an information exchange program to improve \n technology transfer for hydrogen production, storage, \n transportation, and use, which may consist of workshops, \n publications, conferences, and a database for the use by the \n public and private sectors; and\n ``(3) foster the exchange of generic, nonproprietary \n hydrogen production, storage, transportation, and use \n information and technology among industry, academia, and \n Federal, State, and local governments.''.\n\nSEC. 8. COORDINATION AND CONSULTATION.\n\n Section 107 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended--\n (1) in subsection (a), by striking ``management \n responsibility--'' and all that follows through ``(2)'' and \n inserting ``management responsibility''; and\n (2) by amending subsection (c) to read as follows:\n ``(c) Consultation.--The Secretary shall consult with other Federal \nagencies as appropriate, and the advisory board, in carrying out the \nSecretary's authorities pursuant to this Act.''.\n\nSEC. 9. ADVISORY BOARD.\n\n Section 108 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n\n``SEC. 108. ADVISORY BOARD.\n\n ``(a) Establishment.--The Secretary shall enter into appropriate \narrangements with the National Academy of Sciences to establish an \nadvisory board consisting of experts drawn from domestic industry, \nacademia, Governmental laboratories, and financial, environmental, and \nother organizations, as appropriate, to review and advise on the \nprogress made through the programs and activities authorized under this \nAct.\n ``(b) Cooperation.--The heads of Federal agencies shall cooperate \nwith the advisory board in carrying out this section and shall furnish \nto the advisory board such information as the advisory board reasonably \ndeems necessary to carry out this section.\n ``(c) Review.--The advisory board shall review and make any \nnecessary recommendations to the Secretary on--\n ``(1) the implementation and conduct of programs and \n activities authorized under this Act; and\n ``(2) the economic, technological, and environmental \n consequences of the deployment of hydrogen production, storage, \n transportation, and use systems.''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 109 of the Spark M. Matsunaga Hydrogen Research, \nDevelopment, and Demonstration Act of 1990 is amended to read as \nfollows:\n\n``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) Research and Development; Advisory Board.--There are \nauthorized to be appropriated to the Secretary to carry out sections \n104 and 108--\n ``(1) $40,000,000 for fiscal year 2002;\n ``(2) $45,000,000 for fiscal year 2003;\n ``(3) $50,000,000 for fiscal year 2004;\n ``(4) $55,000,000 for fiscal year 2005; and\n ``(5) $60,000,000 for fiscal year 2006.\n ``(b) Demonstration.--There are authorized to be appropriated to \nthe Secretary to carry out section 105--\n ``(1) $20,000,000 for fiscal year 2002;\n ``(2) $25,000,000 for fiscal year 2003;\n ``(3) $30,000,000 for fiscal year 2004;\n ``(4) $35,000,000 for fiscal year 2005; and\n ``(5) $40,000,000 for fiscal year 2006.''.\n\nSEC. 11. REPEAL.\n\n (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is \nrepealed.\n (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of \n1996 is amended by striking ``titles II and III'' and inserting ``title \nIII''.","summary":"Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications. And (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production. Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act. (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects. And (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel. Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems.","title":"To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes.","text_len":10935,"sum_len":1287} {"bill_id":"111_s344","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Hedge Fund Transparency Act''.\n\nSEC. 2. HEDGE FUND REGISTRATION REQUIREMENTS.\n\n (a) Definition of Investment Company.--Section 3(c) of the \nInvestment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended--\n (1) by striking paragraph (1);\n (2) by striking paragraph (7);\n (3) by redesignating paragraphs (2) through (6) as \n paragraphs (1) through (5), respectively; and\n (4) by redesignating paragraphs (8) through (14) as \n paragraphs (6) through (12), respectively.\n (b) Additional Exemptions.--Section 6 of the Investment Company Act \nof 1940 (15 U.S.C. 80a-6) is amended--\n (1) in subsection (a), by adding at the end the following:\n ``(6)(A) Subject to subsection (g), any issuer whose \n outstanding securities (other than short-term paper) are \n beneficially owned by not more than 100 persons, and which is \n not making and does not presently propose to make a public \n offering of its securities.\n ``(B) For purposes of this paragraph and paragraph (7), \n beneficial ownership--\n ``(i) by a company shall be deemed to be beneficial \n ownership by one person, except that, if the company \n owns 10 percent or more of the outstanding voting \n securities of the issuer, and is or, but for the \n exemption provided for in this paragraph or paragraph \n (7), would be an investment company, the beneficial \n ownership shall be deemed to be that of the holders of \n the outstanding securities (other than short-term \n paper) of such company; and\n ``(ii) by any person who acquires securities or \n interests in securities of an issuer described in this \n paragraph shall be deemed to be beneficial ownership by \n the person from whom such transfer was made, pursuant \n to such rules and regulations as the Commission shall \n prescribe as necessary or appropriate in the public \n interest and consistent with the protection of \n investors and the purposes fairly intended by the \n policy and provisions of this title, where the transfer \n was caused by legal separation, divorce, death, or any \n other involuntary event.\n ``(7)(A) Subject to subsection (g), any issuer, the \n outstanding securities of which are owned exclusively by \n persons who, at the time of the acquisition of such securities, \n are qualified purchasers, and which is not making and does not \n at that time propose to make a public offering of such \n securities. Securities that are owned by persons who received \n the securities from a qualified purchaser as a gift or bequest, \n or in a case in which the transfer was caused by legal \n separation, divorce, death, or any other involuntary event, \n shall be deemed to be owned by a qualified purchaser, subject \n to such rules, regulations, and orders as the Commission may \n prescribe as necessary or appropriate in the public interest or \n for the protection of investors.\n ``(B) Notwithstanding subparagraph (A), an issuer is exempt \n under this paragraph if--\n ``(i) in addition to qualified purchasers, \n outstanding securities of that issuer are beneficially \n owned by not more than 100 persons who are not \n qualified purchasers, if--\n ``(I) such persons acquired any portion of \n the securities of such issuer on or before \n September 1, 1996; and\n ``(II) at the time at which such persons \n initially acquired the securities of such \n issuer, the issuer was exempt under paragraph \n (6); and\n ``(ii) prior to availing itself of the exemption \n provided by this paragraph--\n ``(I) such issuer has disclosed to each \n beneficial owner that future investors will be \n limited to qualified purchasers, and that \n ownership in such issuer is no longer limited \n to not more than 100 persons; and\n ``(II) concurrently with or after such \n disclosure, such issuer has provided each \n beneficial owner with a reasonable opportunity \n to redeem any part or all of their interests in \n the issuer, notwithstanding any agreement to \n the contrary between the issuer and such \n persons, for the proportionate share of that \n person of the net assets of the issuer.\n ``(C) Each person that elects to redeem under subparagraph \n (B)(ii)(II) shall receive an amount in cash equal to the \n proportionate share of that person of the net assets of the \n issuer, unless the issuer elects to provide such person with \n the option of receiving, and such person agrees to receive, all \n or a portion of the share of that person in assets of the \n issuer. If the issuer elects to provide such persons with such \n an opportunity, disclosure concerning such opportunity shall be \n made in the disclosure required by subparagraph (B)(ii)(I).\n ``(D) An issuer that is exempt under this paragraph shall \n nonetheless be deemed to be an investment company for purposes \n of the limitations set forth in subparagraphs (A)(i) and (B)(i) \n of section 12(d)(1) (15 U.S.C. 80a-12(d)(1) (A)(i) and (B)(i)) \n relating to the purchase or other acquisition by such issuer of \n any security issued by any registered investment company and \n the sale of any security issued by any registered open-end \n investment company to any such issuer.\n ``(E) For purposes of determining compliance with this \n paragraph and paragraph (6), an issuer that is otherwise exempt \n under this paragraph and an issuer that is otherwise exempt \n under paragraph (6) shall not be treated by the Commission as \n being a single issuer for purposes of determining whether the \n outstanding securities of the issuer exempt under paragraph (6) \n are beneficially owned by not more than 100 persons, or whether \n the outstanding securities of the issuer exempt under this \n paragraph are owned by persons that are not qualified \n purchasers. Nothing in this subparagraph shall be construed to \n establish that a person is a bona fide qualified purchaser for \n purposes of this paragraph or a bona fide beneficial owner for \n purposes of paragraph (6).''; and\n (2) by adding at the end the following:\n ``(g) Limitation on Exemptions for Large Investment Companies.--\n ``(1) In general.--An investment company with assets, or \n assets under management, of not less than $50,000,000 is exempt \n under subsection (a)(6) or (a)(7) only if that company--\n ``(A) registers with the Commission;\n ``(B) files an information form with the Commission \n under paragraph (2);\n ``(C) maintains such books and records as the \n Commission may require; and\n ``(D) cooperates with any request for information \n or examination by the Commission.\n ``(2) Information form.--The information form required \n under paragraph (1) shall be filed at such time and in such \n manner as the Commission shall require, and shall--\n ``(A) be filed electronically;\n ``(B) be filed not less frequently than once every \n 12 months;\n ``(C) include--\n ``(i) the name and current address of--\n ``(I) each natural person who is a \n beneficial owner of the investment \n company;\n ``(II) any company with an \n ownership interest in the investment \n company; and\n ``(III) the primary accountant and \n primary broker used by the investment \n company;\n ``(ii) an explanation of the structure of \n ownership interests in the investment company;\n ``(iii) information on any affliation that \n the investment company has with another \n financial institution;\n ``(iv) a statement of any minimum \n investment commitment required of a limited \n partner, member, or other investor;\n ``(v) the total number of any limited \n partners, members, or other investors; and\n ``(vi) the current value of--\n ``(I) the assets of the investment \n company; and\n ``(II) any assets under management \n by the investment company; and\n ``(D) be made available by the Commission to the \n public at no cost and in an electronic, searchable \n format.''.\n\nSEC. 3. IMPLEMENTING GUIDANCE AND RULES.\n\n (a) Forms and Guidance.--Not later than 180 days after the date of \nenactment of this Act, the Securities and Exchange Commission shall \nissue such forms and guidance as are necessary to carry out this Act.\n (b) Rules.--The Securities and Exchange Commission may make a rule \nto carry out this Act.\n\nSEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS.\n\n (a) Purpose.--It is the purpose of this section to safeguard \nagainst the financing of terrorist organizations and money laundering.\n (b) In General.--An investment company that relies on paragraph (6) \nor (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C. \n80a-6(a) (6) and (7)), as amended by this Act, as the basis for an \nexemption under that Act shall establish an anti-money laundering \nprogram and shall report suspicious transactions under subsections (g) \nand (h) of section 5318 of title 31, United States Code.\n (c) Rulemaking.--\n (1) In general.--The Secretary of the Treasury, in \n consultation with the Chairman of the Securities and Exchange \n Commission and the Chairman of the Commodity Futures Trading \n Commission, shall, by rule, establish the policies, procedures, \n and controls necessary to carry out subsection (b).\n (2) Contents.--The rule required by paragraph (1)--\n (A) shall require that each investment company that \n receives an exemption under paragraph (6) or (7) of \n section 6(a) of the Investment Company Act of 1940 (15 \n U.S.C. 80a-6(a) (6) and (7)), as amended by this Act, \n shall--\n (i) use risk-based due diligence policies, \n procedures, and controls that are reasonably \n designed to ascertain the indentity of and \n evaluate any foreign person (including, where \n appropriate, the nominal and beneficial owner \n or beneficiary of a foreign corporation, \n partnership, trust, or other foreign entity) \n that supplies or plans to supply funds to be \n invested with the advice or assistance of such \n investment company; and\n (ii) be subject to section 5318(k)(2) of \n title 31, United States Code; and\n (B) may incorporate elements of the proposed rule \n for unregistered investment companies published in the \n Federal Register on September 26, 2002 (67 Fed. Reg. \n 60617) (relating to anti-money laundering programs).\n (3) Publication date.--The Secretary of the Treasury, \n shall--\n (A) propose the rule required by this subsection \n not later than 90 days after the date of enactment of \n this Act; and\n (B) issue the rule required by this subsection in \n final form not later than 180 days after the date of \n enactment of this Act.\n (d) Effective Date.--Subsection (b) shall take effect 1 year after \nthe date of enactment of this Act, whether or not a final rule is \nissued under subsection (c), and the failure to issue such rule shall \nin no way affect the enforceability of this section.\n\nSEC. 5. TECHNICAL CORRECTIONS.\n\n (a) Securities Act of 1933.--Section 3(a) of the Securities Act of \n1933 (15 U.S.C. 77c(a)) is amended--\n (1) in paragraph (2)--\n (A) by striking ``section 3(c)(3)'' and inserting \n ``section 3(c)(2)''; and\n (B) by striking ``section 3(c)(14)'' and inserting \n ``section 3(c)(12)'';\n (2) in paragraph (4), by striking ``section 3(c)(10)(B)'' \n and inserting ``section 3(c)(8)(B)''; and\n (3) in paragraph (13), by striking ``section (3)(c)(14)'' \n and inserting ``section 3(c)(12)''.\n (b) Securities Exchange Act of 1934.--The Securities Exchange Act \nof 1934 (15 U.S.C. 78a et seq.) is amended--\n (1) in section 3(a) (15 U.S.C. 78c(a))--\n (A) in paragraph (12)(A)--\n (i) in clause (iii), by striking ``section \n 3(c)(3)'' and inserting ``section 3(c)(2)'';\n (ii) in clause (v), by striking ``section \n 3(c)(10)(B)'' and inserting ``section \n 3(c)(8)(B)''; and\n (iii) in clause (vi), by striking ``section \n 3(c)(14)'' and inserting ``section 3(c)(12)'';\n (B) in paragraph (12)(C), by striking ``section \n 3(c)(14)'' and inserting ``section 3(c)(12)''; and\n (C) in paragraph (54)(A)--\n (i) in clause (ii), by striking ``exclusion \n from the definition of investment company \n pursuant to section 3(c)(7)'' and inserting \n ``exemption under section 6(a)(7)''; and\n (ii) in clause (vii), by striking ``section \n 3(c)(2)'' and inserting ``section 3(c)(1)'';\n (2) in section 3(g) (15 U.S.C. 78c(g)) by striking \n ``section 3(c)(14)'' each place that term appears and inserting \n ``section 3(c)(12)''; and\n (3) in section 12(g)(2) (15 U.S.C. 78l(g)(2))--\n (A) in subparagraph (D), by striking ``section \n 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and\n (B) in subparagraph (H), by striking ``section \n 3(c)(14)'' and inserting ``section 3(c)(12)''.\n (c) Investment Company Act of 1940.--The Investment Company Act of \n1940 (15 U.S.C. 80a-1 et seq.) is amended--\n (1) in section 2(a)(51) (15 U.S.C. 80a-2(a)(51))--\n (A) in subparagraph (A)(i), by striking ``excepted \n under section 3(c)(7)'' and inserting ``exempt under \n section 6(a)(7)''; and\n (B) in subparagraph (C)--\n (i) by striking ``that, but for the \n exceptions provided for in paragraph (1) or (7) \n of section 3(c), would be an investment company \n (hereafter in this paragraph referred to as an \n `excepted investment company')'' and inserting \n ``that is exempt under paragraph (6) or (7) of \n section 6(a) (hereafter in this paragraph \n referred to as an `exempt investment \n company')'';\n (ii) by striking ``section 3(c)(1)(A)'' and \n inserting ``section 6(a)(6)(B)(i)''; and\n (iii) by striking ``excepted'' each place \n that term appears and inserting ``any exempt'';\n (2) in section 6 (15 U.S.C. 80a-6)--\n (A) in subsection (a)--\n (i) in paragraph (2), by striking ``section \n 3(c)(1)'' and inserting ``section 6(a)(6)''; \n and\n (ii) in paragraph (5)(A)(iv), by striking \n ``that would be an investment company except \n for the exclusions from the definition of the \n term `investment company' under paragraph (1) \n or (7) of section 3(c)'' and inserting ``that \n is exempt under paragraph (6) or (7) of section \n 6(a)''; and\n (B) in subsection (f), by striking ``excluded from \n the definition of an investment company by section \n 3(c)(1)'' and inserting ``exempt under section \n 6(a)(6)'';\n (3) in section 7(e) (15 U.S.C. 80a-7(e)), by striking \n ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; \n and\n (4) in section 30 (15 U.S.C. 80a-29) in each of subsections \n (i) and (j), by striking ``section 3(c)(14)'' each place that \n term appears and inserting ``section 3(c)(12)''.\n (d) Investment Advisers Act of 1940.--The Investment Advisers Act \nof 1940 (15 U.S.C. 80b-1 et seq.) is amended--\n (1) in section 203(b) (15 U.S.C. 80b-3(b))--\n (A) in paragraph (4) by striking ``section \n 3(c)(10)'' each place that term appears and inserting \n ``section 3(c)(8)''; and\n (B) in paragraph (5), by striking ``section \n 3(c)(14)'' and inserting ``section 3(c)(12)''; and\n (2) in section 205(b) (15 U.S.C. 80b-5(b))--\n (A) in paragraph (2)(B), by striking ``section \n 3(c)(11)'' and inserting ``section 3(c)(9)''; and\n (B) in paragraph (4), by striking ``excepted from \n the definition of an investment company under section \n 3(c)(7)'' and inserting ``exempt under section \n 6(a)(7)''.\n (e) Internal Revenue Code of 1986.--Section 851(a)(2) of the \nInternal Revenue Code of 1986 (relating to the definition of regulated \ninvestment company) is amended by striking ``section 3(c)(3)'' and \ninserting ``section 3(c)(2)''.","summary":"Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company: (1) registers with the Securities and Exchange Commission (SEC). (2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value. (3) maintains such books and records as the SEC may require. And (4) cooperates with any request for information or examination by the Section Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.","title":"A bill to require hedge funds to register with the Securities and Exchange Commission, and for other purposes.","text_len":19688,"sum_len":1647} {"bill_id":"103_hr2400","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``International Statistical \nInformation and Analysis Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds as follows:\n (1) Both the public and private sectors in the United \n States would benefit from the collection, analysis, and \n dissemination of reliable statistical information about the \n independent states of the former Soviet Union and the Baltic \n states.\n (2) Statistical information about the independent states of \n the former Soviet Union and the Baltic states can be used in \n policy development on issues ranging from domestic and foreign \n trade to international population growth, health, and the \n environment. United States Government statistical agencies \n could use data collected in the independent states and the \n Baltic states to develop statistical comparisons between the \n United States and the rest of the world.\n (3) Reliable economic statistical information can also \n assist United States businesses in identifying trade and \n investment opportunities in the independent states of the \n former Soviet Union and the Baltic states.\n (4) Reliable information is needed about economic \n performance at both the macro and micro-economic levels as the \n independent states of the former Soviet Union and the Baltic \n states make the transition from a centrally planned economy to \n a free market economy.\n (5) Reliable economic statistical information is especially \n important in evaluating the effectiveness of assistance \n provided to the independent states of the former Soviet Union \n and the Baltic states by the United States Government, by \n nongovernmental organizations, and by international financial \n institutions.\n (6) Such evaluations would be facilitated by annual \n reports, prepared by the Secretary of Commerce with the \n assistance of United States Government statistical agencies, \n assessing the progress being made by the independent states of \n the former Soviet Union and the Baltic states in establishing a \n free market economy.\n (7) United States Government statistical agencies (such as \n the Bureau of the Census of the Department of Commerce, the \n Bureau of Labor Statistics of the Department of Labor, the \n Bureau of Economic Analysis of the Department of Commerce, and \n the National Agricultural Statistics Service of the Department \n of Agriculture) have been involved in providing statistical \n assistance to foreign countries for more than 40 years.\n (8) United States Government statistical agencies have set \n the standard for modern statistical methodology used throughout \n the world.\n (9) United States Government statistical agencies have the \n personnel, facilities, expertise, and other resources to \n provide training and other technical assistance to the \n independent states of the former Soviet Union and the Baltic \n states with respect to the collection, analysis, and \n dissemination of economic statistical data. In addition, to the \n extent that the independent states or Baltic states use non-\n standard collection methods, United States Government \n statistical agencies have the ablility to reconcile discrepant \n data, thereby increasing its usefulness.\n\nSEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF \n THE FORMER SOVIET UNION AND BALTIC STATES.\n\n (a) Amendment to Title 13.--Title 13 of the United States Code is \namended by adding at the end the following:\n\n ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT \n STATES OF THE FORMER SOVIET UNION AND BALTIC STATES\n\n``Sec.\n``501. Preparation and publication of analysis.\n``502. Definitions.\n``Sec. 501. Preparation and publication of analysis\n ``(a) The Secretary shall prepare and submit to the Congress each \nyear a report analyzing the progress being made by the the independent \nstates of the former Soviet Union and the Baltic states in establishing \na free market economy.\n ``(b) In preparing the reports required by subsection (a), the \nSecretary shall draw upon the information collected and the analysis \nperformed under the auspices of the International Statistical \nAssistance Coordinating Committee established pursuant to section 4 of \nthe International Statistical Information and Analysis Coordination Act \nof 1993.\n ``(c) The first report pursuant to subsection (a) shall be \nsubmitted as soon as reliable economic statistical information is \navailable about the independent states of the former Soviet Union and \nthe Baltic states, but not later than 5 years after the date of \nenactment of this chapter.\n``Sec. 502. Definitions\n ``As used in this chapter--\n ``(1) the term `independent states of the former Soviet \n Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, \n Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, \n and Uzbekistan; and\n ``(2) the term `Baltic states' means Estonia, Latvia, and \n Lithuania.''.\n (b) Amendment to Table of Chapters.--The table of chapters at the \nbeginning of title 13, United States Code, is amended by adding at the \nend the following new item:\n\n``11. Economic statistical analysis regarding independent 501''.\n states of the former Soviet \n Union and Baltic states.\n\nSEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE.\n\n (a) Establishment and Membership.--The President shall establish an \ninteragency committee to be known as the ``International Statistical \nAssistance Coordinating Committee'' (hereinafter in this Act referred \nto as the ``Coordinating Committee''). The Coordinating Committee shall \nconsist of a representative of each of the following:\n (1) The Office of Management and Budget.\n (2) The Bureau of the Census of the Department of Commerce.\n (3) The Bureau of Labor Statistics of the Department of \n Labor.\n (4) The Bureau of Economic Analysis of the Department of \n Commerce.\n (5) The National Agricultural Statistics Service of the \n Department of Agriculture.\n (6) The Agency for International Development.\n (b) Functions.--Consistent with section 104(a) of the Freedom for \nRussia and Emerging Eurasian Democracies and Open Markets Support Act \nof 1992 (relating to Department of State coordination of assistance to \nthe independent states of the former Soviet Union), the Coordinating \nCommittee--\n (1) shall determine priorities for providing training and \n other technical assistance to develop capabilities to monitor \n economic performance in the independent states of the former \n Soviet Union and the Baltic states through the collection, \n analysis, and dissemination of economic statistical data;\n (2) shall use the expertise of its constituent agencies in \n providing such assistance;\n (3) shall be responsible for coordinating such assistance \n with comparable assistance provided or coordinated by \n international or multilateral organizations or agencies; and\n (4) shall provide for the analysis by its constituent \n agencies of economic statistical data regarding the independent \n states of the former Soviet Union and the Baltic states and for \n the dissemination of such analysis to United States businesses \n and other interested parties, including dissemination through \n the annual report required by section 501 of title 13, United \n States Code.\n (c) Annual Reports.--The Coordinating Committee shall prepare an \nannual report describing the assistance provided through the \nCoordinating Committee pursuant to this section. Such report shall be \nsubmitted to the Congress as part of the annual congressional \npresentation materials on international economic assistance.\n\nSEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC \n PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET \n UNION AND BALTIC STATES.\n\n (a) Statistical Capability Assistance.--United States assistance \nthat is provided to encourage the development of a free-market economic \nsystem in the independent states of the former Soviet Union and the \nBaltic states shall include training and other technical assistance to \ndevelop capabilities to monitor economic performance in those republics \nand states through the collection, analysis, and dissemination of \neconomic statistical data.\n (b) International Statistical Assistance Coordinating Committee.--\nThe assistance required by subsection (a) shall be coordinated through \nthe Coordinating Committee and shall otherwise be provided in \naccordance with section 4(b).\n (c) Funding.--It is the sense of the Congress that at least \n$3,000,000 of the funds allocated for each of the fiscal years 1994 \nthrough 1998 for United States economic assistance to encourage the \ndevelopment of a free-market economic system in the independent states \nof the former Soviet Union and the Baltic states should be used for \ntraining and other technical assistance pursuant to this section.\n\nSEC. 6. DEFINITIONS.\n\n As used in this Act--\n (1) the term ``independent states of the former Soviet \n Union'' means Armenia, Azerbaijan, Belarus, Georgia, \n Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, \n Turkmenistan, Ukraine, and Uzbekistan; and\n (2) the term ``Baltic states'' means Estonia, Latvia, and \n Lithuania.","summary":"International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data. (2) coordinate such assistance with assistance provided by international or multilateral organizations. And (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to US businesses and other interested parties. Requires US assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for US assistance to encourage the development of free market systems in such countries be used for such training and assistance.","title":"International Statistical Information and Analysis Act of 1993","text_len":10014,"sum_len":1504} {"bill_id":"105_hr4627","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prescription Drug Fairness for \nSeniors Act of 1998''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) Manufacturers of prescription drugs engage in price \n discrimination practices that compel many older Americans to \n pay substantially more for prescription drugs than the drug \n manufacturers' most favored customers, such as health insurers, \n health maintenance organizations, and the Federal Government.\n (2) On average, older Americans who buy their own \n prescription drugs pay twice as much for prescription drugs as \n the drug manufacturers' most favored customers. In some cases, \n older Americans pay over 15 times more for prescription drugs \n than the most favored customers.\n (3) The discriminatory pricing by major drug manufacturers \n sustains their annual profits of $20,000,000,000, but causes \n financial hardship and impairs the health and well-being of \n millions of older Americans. More than one in eight older \n Americans are forced to choose between buying their food and \n buying their medicines.\n (4) Most federally funded health care programs, including \n Medicaid, the Veterans Health Administration, the Public Health \n Service, and the Indian Health Service, obtain prescription \n drugs for their beneficiaries at low prices. Medicare \n beneficiaries are denied this benefit and cannot obtain their \n prescription drugs at the favorable prices available to other \n federally funded health care programs.\n (5) It has been estimated that implementation of the policy \n set forth in this Act will reduce prescription prices for \n Medicare beneficiaries by more than 40 percent.\n (6) In addition to substantially lowering health care costs \n for older Americans, implementation of the policy set forth in \n this Act will significantly improve the health and well-being \n of older Americans and lower the costs to the Federal taxpayer \n of the Medicare program.\n (b) Purpose.--The purpose of this Act is to protect Medicare \nbeneficiaries from discriminatory pricing by drug manufacturers and to \nmake prescription drugs available to Medicare beneficiaries at \nsubstantially reduced prices, by allowing pharmacies to purchase drugs \nfor Medicare beneficiaries at the substantially reduced price available \nunder the Federal Supply Schedule.\n\nSEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD.\n\n The Secretary of Health and Human Services shall furnish to each \nMedicare beneficiary a drug benefit card that enables the beneficiary \nto purchase covered prescription drugs from participating pharmacies at \nreduced prices pursuant to section 4.\n\nSEC. 4. PARTICIPATING PHARMACIES.\n\n (a) Agreements to Participate.--Any qualified pharmacy may enter \ninto an agreement with the Secretary that enables the pharmacy to sell \ncovered outpatient drugs to holders of Medicare drug benefit cards at a \nreduced price, by authorizing the pharmacy to operate as a \nparticipating pharmacy under this Act.\n (b) Right of Participating Pharmacies To Obtain Drugs.--An \nagreement under this section shall entitle the participating pharmacy \nto purchase any covered outpatient drug that is listed on the Federal \nSupply Schedule of the General Services Administration at the \nparticipating pharmacy discount price for that drug determined under \nsubsection (d).\n (c) Quantity of Drugs Purchased.--An agreement under this section \nshall permit the participating pharmacy to purchase under this Act as \nmuch of a covered outpatient drug as is sold by the pharmacy to holders \nof Medicare drug benefit cards.\n (d) Participating Pharmacy Discount Price.--\n (1) In general.--The Secretary shall determine a \n participating pharmacy discount price for each covered \n outpatient drug.\n (2) Determination.--The participating pharmacy discount \n price for a covered outpatient drug shall be determined by \n adding--\n (A) the price at which the drug is available to \n Federal agencies from the Federal Supply Schedule under \n section 8126 of title 38, United States Code; plus\n (B) an amount that reflects the administrative \n costs incurred by the Secretary in administering this \n Act.\n\nSEC. 5. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer this Act in a \nmanner that uses existing methods of obtaining and distributing drugs \nto the maximum extent possible, consistent with efficiency and cost \neffectiveness.\n (b) Regulations.--The Secretary shall issue such regulations as may \nbe necessary to implement this Act.\n\nSEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.\n\n (a) In General.--Not later than 2 years after the date of the \nenactment of this Act, and annually thereafter, the Secretary shall \nreport to the Congress regarding the effectiveness of this Act in--\n (1) protecting Medicare beneficiaries from discriminatory \n pricing by drug manufacturers; and\n (2) making prescription drugs available to Medicare \n beneficiaries at substantially reduced prices.\n (b) Consultation.--In preparing such reports, the Secretary shall \nconsult with public health experts, affected industries, organizations \nrepresenting consumers and older Americans, and other interested \npersons.\n (c) Recommendations.--The Secretary shall include in such reports \nany recommendations they consider appropriate for changes in this Act \nto further reduce the cost of covered outpatient drugs to Medicare \nbeneficiaries.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Covered outpatient drug.--The term ``covered outpatient \n drug'' has the meaning given that term in section 1927(k)(2) of \n the Social Security Act (42 U.S.C. 1396r-8(k)(2)).\n (2) Medicare beneficiary.--The term ``Medicare \n beneficiary'' means an individual entitled to benefits under \n part A of title XVIII of the Social Security Act or enrolled \n under part B of such title, or both.\n (3) Medicare drug benefit card.--The term ``Medicare drug \n benefit card'' means such a card issued under section 3.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 8. EFFECTIVE DATE.\n\n The Secretary shall implement this Act as expeditiously as \npracticable and in a manner consistent with the obligations of the \nUnited States.","summary":"Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.","title":"Prescription Drug Fairness for Seniors Act of 1998","text_len":6800,"sum_len":372} {"bill_id":"108_hr4284","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United Nations Oil-for-Food \nAccountability Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Allegations have been raised of substantial fraud and \n corruption in the administration of the Office of the Iraq Oil-\n for-Food Program of the United Nations.\n (2) The United Nations received 2.2 percent of the proceeds \n of the sale of the oil exported from Iraq under the oil-for-\n food program, representing approximately $1,400,000,000, to \n fund the administrative costs of the program.\n (3) The General Accounting Office estimates that during the \n period from 1997 through 2002, the former Iraqi regime received \n $10,100,000,000 in illegal revenues from the oil-for-food \n program, including $5,700,000,000 received from oil smuggled \n out of Iraq and $4,400,000,000 received from surcharges on oil \n sales and illicit commissions from suppliers exporting goods to \n Iraq.\n (4) Any illicit activity by United Nations officials, \n personnel, agents, or contractors, including entities that have \n entered into contracts under the oil-for-food program, is \n unacceptable and should be thoroughly investigated.\n (5) Documents in the files of the former Oil Ministry of \n Iraq indicate that Benon Sevan, the Executive Director of the \n oil-for-food program, and other senior United Nations officials \n may have been connected to an illicit scheme in which \n approximately 270 prominent foreign officials, business people, \n and political entities received the right to trade in Iraqi oil \n at below-market prices.\n (6) On April 21, 2004, the United Nations Security Council \n adopted Resolution 1538, which established a high-level inquiry \n into allegations regarding the administration of the oil-for-\n food program. The inquiry will be led by Paul Volcker, but the \n investigators will not have subpoena power.\n (7) The ability and credibility of the United Nations \n Security Council to act in matters of war and peace is \n threatened by the alleged influence of politically connected \n individuals, companies, and institutions of the permanent \n member states who received Iraqi oil contracts.\n (8) The ability and credibility of the United Nations to \n convey legitimacy to the new Government of Iraq and assist in \n the reconstruction of postwar Iraq is hampered by these \n allegations of United Nations corruption and mismanagement in \n the oil-for-food program.\n\nSEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.\n\n In this Act, the term ``oil-for-food program'' means the program \nestablished and administered pursuant to United Nations Security \nCouncil Resolution 986 (April 14, 1995) and subsequent United Nations \nresolutions to permit the sale of petroleum products exported from Iraq \nand to use the revenue generated from such sale for humanitarian \nassistance.\n\nSEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS \n REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION \n OF UNITED NATIONS COOPERATION.\n\n (a) Withholding of Portion of Assessed Contributions.--Until the \nPresident submits to Congress a certification that satisfies the \nrequirements described in subsection (b), amounts shall be withheld \nfrom amounts appropriated for contributions to international \norganizations as follows:\n (1) Of the funds appropriated for contributions to \n international organizations in an Act making appropriations for \n fiscal year 2005, 10 percent of the amount available for United \n States assessed contributions to the regular budget of the \n United Nations for such fiscal year.\n (2) Of the funds appropriated for contributions to \n international organizations in an Act making appropriations for \n fiscal year 2006, 20 percent of the amount available for United \n States assessed contributions to the regular budget of the \n United Nations for such fiscal year.\n (b) Certification.--The certification referred to in subsection (a) \nis a certification made by the President to Congress that--\n (1) the United Nations has in effect procedures that \n provide the General Accounting Office access to all documents \n relating to the oil-for-food program so that the Comptroller \n General may perform nationally mandated reviews of United \n Nations operations;\n (2) the United Nations Secretary General has formally \n confirmed that the United Nations will not assert the \n inviolability of United Nations papers and internal records \n that concern the oil-for-food program or a sanction imposed on \n Iraq related to the oil-for-food program;\n (3) the United Nations Secretary General has authorized the \n release to the law enforcement authorities of any member state \n of the United Nations authentic copies of any document in the \n possession of the United Nations, including any document in the \n possession of a person who was engaged on a contract basis to \n provide goods or services to the United Nations, that in the \n judgment of the requesting authority directly or indirectly \n concerns the oil-for-food program or a sanction imposed on Iraq \n related to the oil-for-food program upon request by such law \n enforcement authority;\n (4) the United Nations has waived any immunity enjoyed by \n any United Nations official from the judicial process in the \n United States for any civil or criminal acts or omissions under \n Federal or State law that may have transpired within the \n jurisdiction of the United States in connection with the oil-\n for-food program; and\n (5) any United Nations official who benefitted financially \n from the oil-for-food program has reimbursed the Government of \n Iraq and any other entity affected by the illicit activity of \n such official the full amount that such official improperly \n received from the oil-for-food program.","summary":"United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 US contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.","title":"To require the withholding of United States contributions to the United Nations until the President certifies that the United Nations is cooperating in the investigation of the United Nations Oil-for-Food Program.","text_len":6431,"sum_len":275} {"bill_id":"109_hr5007","text":"SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF \n VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH \n LIMITED ENGLISH PROFICIENCY.\n\n (a) In General.--\n (1) Requirement.--Chapter 17 of title 38, United States \n Code, is amended by inserting after section 1712B the following \n new section:\n``Sec. 1713. Mental health services; languages other than English\n ``(a) Availability of Counseling in Languages Other Than English.--\nIn providing counseling and other mental health services authorized by \nlaw to a veteran who has limited proficiency in English, the Secretary \nshall ensure that such counseling and services are available to that \nveteran in both English and a language other than English in which the \nveteran is proficient, if requested by the veteran.\n ``(b) Identification of Limited English Proficient Veterans.--For \npurposes of this section, the Secretary shall develop procedures for \nidentifying veterans who have limited proficiency in English and of \ninforming those veterans of the provisions of subsection (a).''.\n (2) Clerical amendment.--The table of sections at the \n beginning of such chapter is amended by inserting after the \n item relating to section 1712B the following new item:\n\n``1713. Mental health services; languages other than English''.\n (b) Family Members.--Section 1782 of such title is amended by \nadding at the end the following new subsections:\n ``(e) Additional Counseling.--In addition to services authorized by \nsubsections (a) and (b), the Secretary shall, in connection with the \nservice of a veteran in the active military, naval, or air service, \nprovide to an individual described in subsection (c) such counseling \nand mental health services as are requested by the individual, except \nto the extent that the Secretary determines that such counseling and \nmental health services are not needed.\n ``(f) Bilingual Counseling.--(1) In providing counseling and mental \nhealth services under this section and bereavement counseling under \nsection 1783 of this title, the Secretary shall ensure, in the case of \nan individual who has limited proficiency in English, that such \ncounseling and services are available to that individual in both \nEnglish and a language other than English in which the individual is \nproficient, if requested by the individual.\n ``(2) For purposes of this subsection, the Secretary shall develop \nprocedures for identifying individuals who have limited proficiency in \nEnglish and of informing those individuals of the provisions of \nparagraph (1).''.\n (c) Effective Date.--Section 1713 of title 38, United States Code, \nas added by subsection (a)(1), and subsections (e) and (f) of section \n1782 of such title, as added by subsection (b), shall take effect at \nthe end of the 120-day period beginning on the date of the enactment of \nthis Act.\n\nSEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS \n OF EXECUTIVE ORDER 13166.\n\n (a) System for Access to Services.--The Secretary of Veterans \nAffairs shall implement a system by which persons with limited English \nproficiency can meaningfully access the services provided by the \nDepartment of Veterans Affairs consistent with, and without unduly \nburdening, the fundamental mission of that Department. The Secretary \nshall work to ensure that recipients of financial assistance under \nprograms of the Department provide meaningful access to applicants and \nbeneficiaries with limited English proficiency.\n (b) Plan.--The Secretary shall implement a plan to improve access \nto programs and activities of the Department of Veterans Affairs by \neligible persons with limited English proficiency. The plan shall be \nconsistent with the standards set forth in the guidance issued by the \nAttorney General and shall include the steps the Secretary will take to \nensure that eligible persons with limited English proficiency can \nmeaningfully access the programs and activities of the Department.\n\nSEC. 3. IMPLEMENTATION.\n\n In developing and implementing the plan under section 2(b), the \nSecretary shall, at a minimum, carry out the following:\n (1) The Secretary shall conduct a thorough assessment of \n the language needs of the population served by the Department \n of Veterans Affairs, including identifying the non-English \n languages that are likely to be encountered.\n (2) The Secretary shall develop and implement a \n comprehensive language assistance program, which shall \n include--\n (A) hiring bilingual staff and interpreters for \n patient and client contact positions; and\n (B) translating written materials (such as consent \n forms, notice of free language assistance, and outreach \n materials) into languages other than English.\n (3) The Secretary shall train staff of the Department on \n the access policy of the Department with respect to persons \n with limited English proficiency and on carrying out that \n policy.\n (4) The Secretary shall establish vigilant monitoring and \n oversight to ensure that persons with limited English \n proficiency have meaningful access to health care and services.\n (5) The Secretary shall establish a task force to evaluate \n implementation and to prioritize needed actions to implement \n the access plan for persons with limited English proficiency.\n (6) The Secretary shall develop a specific plan to ensure \n seamless transition of veterans and their families from \n benefits and services provided by the Department of Defense to \n benefits and services provided by the Department of Veterans \n Affairs, including bilingual readjustment and bereavement \n counseling.\n (7) The Secretary shall establish a process to translate \n vital documents and other materials, including materials on the \n World Wide Web, brochures distributed as part of outreach \n efforts to servicemembers transitioning into civilian life, and \n the post-deployment health reassessment program.\n (8) The Secretary shall conduct outreach to veterans and \n their families in communities which may have higher proportions \n of populations with limited English proficiency to ensure they \n are aware of eligibility for benefits and services from the \n Department of Veterans Affairs.\n\nSEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF \n DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS \n WITH LIMITED ENGLISH PROFICIENCY.\n\n (a) Report Required.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto the Committees on Veterans' Affairs of the Senate and House of \nRepresentatives a report on the implementation by the Veterans Health \nAdministration of the Department of Veterans Affairs of the directive \nof the Veterans Health Administration designated ``VHA Directive 2002-\n006'' that was issued by the Under Secretary for Health of the \nDepartment of Veterans Affairs on January 31, 2002, and that issued \npolicy to implement prohibitions on discrimination on the basis of \nnational origin for persons with limited English proficiency in \nFederally-conducted programs and activities and in Federal financial \nassisted programs.\n (b) Capacity to Provide Services to LEP Servicemembers.--The \nSecretary shall include in the report an analysis of the capacity of \nthe Department of Veterans Affairs to provide services to members of \nthe Armed Forces with limited English proficiency.","summary":"Amends federal veterans' benefits provisions to direct the Secretary of Veterans Affairs, in providing counseling and other mental health services to a veteran who has limited proficiency in English, to ensure that such services are available in both English and a language in which that veteran is proficient, if requested by the veteran. Requires such availability also for the family members of such a veteran. Requires the Secretary to implement a system by which persons with limited English proficiency can access services provided by the Department of Veterans consistent with, and without unduly burdening, the Department's fundamental mission. Requires a report from the Secretary to the congressional veterans' committees on the implementation by the Department's Veterans Health Administration of a specified directive to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in federally-conducted programs and activities and in federal financial-assisted programs.","title":"To require the Department of Veterans Affairs to provide mental health services in languages other than English, as needed, for veterans and family members with limited English proficiency, to expand the scope of mental health services provided to family members of veterans, and for other purposes.","text_len":7856,"sum_len":1041} {"bill_id":"105_hr4737","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Treatment of Children's Deformities \nAct of 1998''.\n\nSEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY \n OR DISORDER.\n\n (a) Group Health Plans.--\n (1) Public health service act amendments.--(A) Subpart 2 of \n part A of title XXVII of the Public Health Service Act, as \n amended by section 703(a) of Public Law 104-204, is amended by \n adding at the end the following new section:\n\n``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S \n CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.\n\n ``(a) Requirements for Reconstructive Surgery.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for surgical benefits shall provide coverage \n for outpatient and inpatient diagnosis and treatment of a minor \n child's congenital or developmental deformity, disease, or \n injury. A minor child shall include any individual through 21 \n years of age.\n ``(2) Requirements.--Any coverage provided under paragraph \n (1) shall be subject to pre-authorization or pre-certification \n as required by the plan or issuer, and such coverage shall \n include any surgical treatment which, in the opinion of the \n treating physician, is medically necessary to approximate a \n normal appearance.\n ``(3) Treatment defined.--\n ``(A) In general.--In this section, the term \n `treatment' includes reconstructive surgical procedures \n (procedures that are generally performed to improve \n function, but may also be performed to approximate a \n normal appearance) that are performed on abnormal \n structures of the body caused by congenital defects, \n developmental abnormalities, trauma, infection, tumors, \n or disease, including--\n ``(i) procedures that do not materially \n affect the function of the body part being \n treated; and\n ``(ii) procedures for secondary conditions \n and follow-up treatment.\n ``(B) Exception.--Such term does not include \n cosmetic surgery performed to reshape normal structures \n of the body to improve appearance or self-esteem.\n ``(b) Notice.--A group health plan under this part shall comply \nwith the notice requirement under section 713(b) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nof this section as if such section applied to such plan.''.\n (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as \n amended by section 604(b)(2) of Public Law 104-204, is amended \n by striking ``section 2704'' and inserting ``sections 2704 and \n 2706''.\n (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle \n B of title I of the Employee Retirement Income Security Act of \n 1974, as amended by section 702(a) of Public Law 104-204, is \n amended by adding at the end the following new section:\n\n``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL \n OR DEVELOPMENTAL DEFORMITY OR DISORDER.\n\n ``(a) Requirements for Reconstructive Surgery.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for surgical benefits shall provide coverage \n for outpatient and inpatient diagnosis and treatment of a minor \n child's congenital or developmental deformity, disease, or \n injury. A minor child shall include any individual through 21 \n years of age.\n ``(2) Requirements.--Any coverage provided under paragraph \n (1) shall be subject to pre-authorization or pre-certification \n as required by the plan or issuer, and such coverage shall \n include any surgical treatment which, in the opinion of the \n treating physician, is medically necessary to approximate a \n normal appearance.\n ``(3) Treatment defined.--\n ``(A) In general.--In this section, the term \n `treatment' includes reconstructive surgical procedures \n (procedures that are generally performed to improve \n function, but may also be performed to approximate a \n normal appearance) that are performed on abnormal \n structures of the body caused by congenital defects, \n developmental abnormalities, trauma, infection, tumors, \n or disease, including--\n ``(i) procedures that do not materially \n affect the function of the body part being \n treated; and\n ``(ii) procedures for secondary conditions \n and follow-up treatment.\n ``(B) Exception.--Such term does not include \n cosmetic surgery performed to reshape normal structures \n of the body to improve appearance or self-esteem.\n ``(b) Notice Under Group Health Plan.--The imposition of the \nrequirements of this section shall be treated as a material \nmodification in the terms of the plan described in section 102(a)(1), \nfor purposes of assuring notice of such requirements under the plan; \nexcept that the summary description required to be provided under the \nlast sentence of section 104(b)(1) with respect to such modification \nshall be provided by not later than 60 days after the first day of the \nfirst plan year in which such requirements apply.''.\n (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as \n amended by section 603(b)(1) of Public Law 104-204, is amended \n by striking ``section 711'' and inserting ``sections 711 and \n 713''.\n (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as \n amended by section 603(b)(2) of Public Law 104-204, is amended \n by striking ``section 711'' and inserting ``sections 711 and \n 713''.\n (D) The table of contents in section 1 of such Act is \n amended by inserting after the item relating to section 712 the \n following new item:\n\n``Sec. 713. Standards relating to benefits for minor child's congenital \n or developmental deformity or disorder.''.\n (3) Internal revenue code amendments.--Subchapter B of \n chapter 100 of the Internal Revenue Code of 1986 (as amended by \n section 1531(a) of the Taxpayer Relief Act of 1997) is \n amended--\n (A) in the table of sections, by inserting after \n the item relating to section 9812 the following new \n item:\n\n ``Sec. 9813. Standards relating to \n benefits for minor child's \n congenital or developmental \n deformity or disorder.''; and\n (B) by inserting after section 9812 the following:\n\n``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S \n CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.\n\n ``(a) Requirements for Reconstructive Surgery.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for surgical benefits shall provide coverage \n for outpatient and inpatient diagnosis and treatment of a minor \n child's congenital or developmental deformity, disease, or \n injury. A minor child shall include any individual through 21 \n years of age.\n ``(2) Requirements.--Any coverage provided under paragraph \n (1) shall be subject to pre-authorization or pre-certification \n as required by the plan or issuer, and such coverage shall \n include any surgical treatment which, in the opinion of the \n treating physician, is medically necessary to approximate a \n normal appearance.\n ``(3) Treatment defined.--\n ``(A) In general.--In this section, the term \n `treatment' includes reconstructive surgical procedures \n (procedures that are generally performed to improve \n function, but may also be performed to approximate a \n normal appearance) that are performed on abnormal \n structures of the body caused by congenital defects, \n developmental abnormalities, trauma, infection, tumors, \n or disease, including--\n ``(i) procedures that do not materially \n affect the function of the body part being \n treated; and\n ``(ii) procedures for secondary conditions \n and follow-up treatment.\n ``(B) Exception.--Such term does not include \n cosmetic surgery performed to reshape normal structures \n of the body to improve appearance or self-esteem.''.\n (b) Individual Health Insurance.--(1) Part B of title XXVII of the \nPublic Health Service Act, as amended by section 605(a) of Public Law \n104-204, is amended by inserting after section 2751 the following new \nsection:\n\n``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S \n CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.\n\n ``(a) Requirements for Reconstructive Surgery.--\n ``(1) In general.--A group health plan, and a health \n insurance issuer offering group health insurance coverage, that \n provides coverage for surgical benefits shall provide coverage \n for outpatient and inpatient diagnosis and treatment of a minor \n child's congenital or developmental deformity, disease, or \n injury. A minor child shall include any individual through 21 \n years of age.\n ``(2) Requirements.--Any coverage provided under paragraph \n (1) shall be subject to pre-authorization or pre-certification \n as required by the plan or issuer, and such coverage shall \n include any surgical treatment which, in the opinion of the \n treating physician, is medically necessary to approximate a \n normal appearance.\n ``(3) Treatment defined.--\n ``(A) In general.--In this section, the term \n `treatment' includes reconstructive surgical procedures \n (procedures that are generally performed to improve \n function, but may also be performed to approximate a \n normal appearance) that are performed on abnormal \n structures of the body caused by congenital defects, \n developmental abnormalities, trauma, infection, tumors, \n or disease, including--\n ``(i) procedures that do not materially \n affect the function of the body part being \n treated; and\n ``(ii) procedures for secondary conditions \n and follow-up treatment.\n ``(B) Exception.--Such term does not include \n cosmetic surgery performed to reshape normal structures \n of the body to improve appearance or self-esteem.\n ``(b) Notice.--A health insurance issuer under this part shall \ncomply with the notice requirement under section 713(b) of the Employee \nRetirement Income Security Act of 1974 with respect to the requirements \nreferred to in subsection (a) as if such section applied to such issuer \nand such issuer were a group health plan.''.\n (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as \nadded by section 605(b)(3)(B) of Public Law 104-204, is amended by \nstriking ``section 2751'' and inserting ``sections 2751 and 2752''.\n (c) Effective Dates.--(1) The amendments made by subsection (a) \nshall apply with respect to group health plans for plan years beginning \non or after January 1, 1999.\n (2) The amendment made by subsection (b) shall apply with respect \nto health insurance coverage offered, sold, issued, renewed, in effect, \nor operated in the individual market on or after such date.\n (d) Coordinated Regulations.--Section 104(1) of Health Insurance \nPortability and Accountability Act of 1996 is amended by striking \n``this subtitle (and the amendments made by this subtitle and section \n401)'' and inserting ``the provisions of part 7 of subtitle B of title \nI of the Employee Retirement Income Security Act of 1974, the \nprovisions of parts A and C of title XXVII of the Public Health Service \nAct, and chapter 100 of the Internal Revenue Code of 1986''.","summary":"Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.","title":"Treatment of Children's Deformities Act of 1998","text_len":13219,"sum_len":425} {"bill_id":"106_s3020","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Radio Broadcasting Preservation Act \nof 2000''.\n\nSEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.\n\n (a) Third-Adjacent Channel Protections Required.--\n (1) Modifications required.--The Federal Communications \n Commission shall modify the rules authorizing the operation of \n low-power FM radio stations, as proposed in MM Docket No. 99-\n 25, to--\n (A) prescribe minimum distance separations for \n third-adjacent channels (as well as for co-channels and \n first- and second-adjacent channels); and\n (B) prohibit any applicant from obtaining a low-\n power FM license if the applicant has engaged in any \n manner in the unlicensed operation of any station in \n violation of section 301 of the Communications Act of \n 1934 (47 U.S.C. 301).\n (2) Congressional authority required for further changes.--\n The Federal Communications Commission may not--\n (A) eliminate or reduce the minimum distance \n separations for third-adjacent channels required by \n paragraph (1)(A); or\n (B) extend the eligibility for application for low-\n power FM stations beyond the organizations and entities \n as proposed in MM Docket No. 99-25 (47 CFR 73.853),\n except as expressly authorized by Act of Congress enacted after \n the date of the enactment of this Act.\n (3) Validity of prior actions.--Any license that was issued \n by the Commission to a low-power FM station prior to the date \n on which the Commission modify its rules as required by \n paragraph (1) and that does not comply with such modifications \n shall be invalid.\n (b) Further Evaluation of Need for Third-Adjacent Channel \nProtections.--\n (1) Pilot program required.--The Federal Communications \n Commission shall conduct an experimental program to test \n whether low-power FM radio stations will result in harmful \n interference to existing FM radio stations if such stations are \n not subject to the minimum distance separations for third-\n adjacent channels required by subsection (a). The Commission \n shall conduct such test in no more than nine FM radio markets, \n including urban, suburban, and rural markets, by waiving the \n minimum distance separations for third-adjacent channels for \n the stations that are the subject of the experimental program. \n At least one of the stations shall be selected for the purpose \n of evaluating whether minimum distance separations for third-\n adjacent channels are needed for FM translator stations. The \n Commission may, consistent with the public interest, continue \n after the conclusion of the experimental program to waive the \n minimum distance separations for third-adjacent channels for \n the stations that are the subject of the experimental program.\n (2) Conduct of testing.--The Commission shall select an \n independent testing entity to conduct field tests in the \n markets of the stations in the experimental program under \n paragraph (1). Such field tests shall include--\n (A) an opportunity for the public to comment on \n interference; and\n (B) independent audience listening tests to \n determine what is objectionable and harmful \n interference to the average radio listener.\n (3) Report to congress.--The Commission shall publish the \n results of the experimental program and field tests and afford \n an opportunity for the public to comment on such results. The \n Federal Communications Commission shall submit a report on the \n experimental program and field tests to the Committee on \n Commerce of the House of Representatives and the Committee on \n Commerce, Science, and Transportation of the Senate not later \n than February 1, 2001. Such report shall include--\n (A) an analysis of the experimental program and \n field tests and of the public comment received by the \n Commission;\n (B) an evaluation of the impact of the modification \n or elimination of minimum distance separations for \n third-adjacent channels on--\n (i) listening audiences;\n (ii) incumbent FM radio broadcasters in \n general, and on minority and small market \n broadcasters in particular, including an \n analysis of the economic impact on such \n broadcasters;\n (iii) the transition to digital radio for \n terrestrial radio broadcasters;\n (iv) stations that provide a reading \n service for the blind to the public; and\n (v) FM radio translator stations;\n (C) the Commission's recommendations to the \n Congress to reduce or eliminate the minimum distance \n separations for third-adjacent channels required by \n subsection (a); and\n (D) such other information and recommendations as \n the Commission considers appropriate.","summary":"Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels. Or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25. Invalidates any previously issued low-power FM station license that does not comply with such rule modifications. Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment. And (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees.","title":"Radio Broadcasting Preservation Act of 2000","text_len":5676,"sum_len":879} {"bill_id":"103_hr3192","text":"SECTION 1. DENIAL OF CERTAIN TAX BENEFITS.\n\n (a) General Rule.--Section 527 of the Internal Revenue Code of 1986 \n(relating to political organizations) is amended by adding at the end \nthereof the following new subsection:\n ``(i) Special Rules for Certain Campaign Committees.--\n ``(1) In general.--In the case of any political \n organization to which this subsection applies for any taxable \n year--\n ``(A) all excess campaign contributions received by \n such organization during such taxable year shall be \n included in gross income and the exemptions provided by \n subsection (c)(1) for exempt function income shall not \n apply to such contributions, and\n ``(B) the provisions of subsection (h) shall not \n apply to such organization for such taxable year.\n ``(2) Organizations to which subsection applies.--This \n subsection shall apply to any political organization for any \n taxable year if--\n ``(A) such organization is a campaign committee of \n a candidate for election as a Member of the House of \n Representatives or as a Delegate or Resident \n Commissioner to the House of Representatives, and\n ``(B) the contribution limitations of paragraph (3) \n are not satisfied by such candidate--\n ``(i) in the case of the first taxable year \n beginning in an election cycle, for the portion \n of such election cycle ending with the close of \n the taxable year, or\n ``(ii) in the case of the taxable year in \n which such election cycle ends, for the entire \n election cycle.\n ``(3) Contribution limitations.--The contribution \n limitations of this paragraph are satisfied by any candidate \n for any election cycle (or portion thereof) if--\n ``(A) the sum of the following amounts does not \n exceed $600,000:\n ``(i) the amount of cash and the fair \n market value of other property held by campaign \n committees of such candidate as of the \n beginning of such election cycle, plus\n ``(ii) the aggregate amount of political \n contributions accepted by such candidate or by \n such candidate's campaign committees during \n such election cycle (or portion thereof), and\n ``(B) the aggregate amount of political \n contributions from multicandidate political committees \n accepted by such candidate or by such candidate's \n campaign committees during such election cycle (or \n portion thereof) does not exceed $300,000.\n ``(4) Excess campaign contributions.--\n ``(A) In general.--For purposes of this subsection, \n the term `excess campaign contributions' means the \n amount of contributions received by the political \n organization during the taxable year to the extent such \n contributions exceed the amount permitted under the \n contribution limitations of paragraph (3).\n ``(B) Special rule.--For purposes of this subtitle, \n contributions received during the portion of any \n election cycle before the first taxable year beginning \n in such cycle shall be treated as received in such \n first taxable year.\n ``(5) Election cycle.--For purposes of this subsection, the \n term `election cycle' means the period beginning with the day \n after the date of a general election for the House of \n Representatives and ending with the date of the next general \n election for the House of Representatives.\n ``(6) Multicandidate political committee.--The term \n `multicandidate political committee' has the meaning given such \n term by section 315(a)(4) of the Federal Election Campaign Act \n of 1971 (2 U.S.C. 441a(a)(4)).''\n (b) Effective Date.--The amendment made by subsection (a) shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 2. DENIAL OF LOWEST UNIT CHARGE FOR CAMPAIGN ADS.\n\n Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) \nis amended by adding at the end the following new sentence:\n``The limitations on charges contained in this subsection shall not \napply in the case of a candidate for election as a Member of, or \nDelegate or Resident Commissioner to, the United States House of \nRepresentatives unless such candidate certifies, at the time of \nentering into a contract for the use of such broadcasting station, that \nsuch candidate has not obtained any excess campaign contributions for \nthe current election cycle, as determined under section 527(i)(4) of \nthe Internal Revenue Code of 1986.''.\n\nSEC. 3. REDUCED THIRD-CLASS MAILING RATES.\n\n (a) In General.--Section 3626(e) of title 39, United States Code, \nis amended--\n (1) in paragraph (2)(A)--\n (A) by striking ``and the National'' and inserting \n ``the National''; and\n (B) by striking ``Committee;'' and inserting \n ``Committee, and, subject to paragraph (3), a campaign \n committee of a candidate for the House of \n Representatives;'';\n (2) in paragraph (2)(B), by striking ``and'' after the \n semicolon;\n (3) in paragraph (2)(C), by striking the period and \n inserting ``; and'';\n (4) by adding after paragraph (2)(C) the following:\n ``(D) the term `candidate for the House of Representatives' \n means a candidate for election as a Member of, or Delegate or \n Resident Commissioner to, the House of Representatives.''; and\n (5) by adding after paragraph (2) the following:\n ``(3) The rates under this subsection shall not be available to a \ncampaign committee of a candidate for the House of Representatives \nunless such committee certifies, at such time and in such manner as the \nPostal Service by regulation requires, that such candidate has not \nobtained any excess campaign contributions for the current election \ncycle, as determined under section 527(i)(4) of the Internal Revenue \nCode of 1986.''.\n (b) Sense of the Congress.--It is the sense of the Congress that \nany additional costs incurred by the United Postal Service in \nconnection with providing reduced rates of postage pursuant to the \namendments made by subsection (a) should be funded out of any revenues \nattributable to the amendment made by section 1.","summary":"Amends the Internal Revenue Code with respect to political organizations to establish a campaign contribution limitation scheme applicable to the campaign committee of a candidate for election to the House of Representatives. Provides that excess campaign contributions received by such an organization shall be included in its gross income. Amends the Communications Act of 1934 and Federal postal service law to condition the lowest unit charge for campaign ads upon a candidate's certification of compliance with such contribution limitation. Expresses the sense of the Congress that additional costs incurred by the United Postal Service in providing reduced rates of postage pursuant to this Act should be funded out of revenues attributable to this Act.","title":"To deny certain benefits to candidates for election to the House of Representatives who accept contributions in excess of certain limitations, and for other purposes.","text_len":7077,"sum_len":759} {"bill_id":"112_hr2807","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business Lending to \nEntrepreneurs for Growth in Underserved Populations Act of 2011'' or \nthe ``Small Business Leg-Up Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Families and small businesses in under-served areas \n have for generations been unable to access affordable credit.\n (2) The financial crisis of 2008 only served to exacerbate \n efforts by entrepreneurs to access capital for the purpose of \n creating jobs and improving economic outcomes in the community.\n (3) Small business investments revitalize communities by \n creating jobs but also contributing to the local tax base, \n which helps finance investments in schools, hospitals, \n infrastructure, and public safety.\n (4) The Community Development Financial Institutions Fund \n is well placed to make careful, targeted investments in \n community development financial institutions for the purposes \n of improving economic outcomes for underserved families across \n America.\n (5) Providing the Community Development Financial \n Institutions Fund with a robust capital infusion will make \n efficient use of taxpayer dollars, by leveraging Federal \n investment for the purpose of small business lending.\n\nSEC. 3. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE CDFI \n FUND.\n\n (a) Unobligated Funds.--On the date of the expiration of the \ninvestment authority described under section 4109(a) of the Small \nBusiness Jobs Act of 2010, the Secretary shall transfer all unobligated \nfunds in the Small Business Lending Fund to the Community Development \nFinancial Institutions Fund.\n (b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of \n2010 is amended to read as follows:\n ``(3) Proceeds transferred to cdfi fund.--All funds \n received by the Secretary in connection with purchases made \n pursuant to paragraph (1), including principal, interest \n payments, dividend payments, and proceeds from the sale of any \n financial instrument, shall be transferred to the Community \n Development Financial Institutions Fund.''.\n\nSEC. 4. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM.\n\n (a) In General.--The Riegle Community Development and Regulatory \nImprovement Act of 1994 is amended by adding after section 108 the \nfollowing new section:\n\n``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE \n CREDIT AVAILABILITY FOR SMALL BUSINESSES.\n\n ``(a) Small Business Revolving Loan Program.--\n ``(1) In general.--Using amounts described under subsection \n (b), the Administrator shall carry out a Small Business Capital \n Investment Program (`Program') to make capital investments in \n eligible community development financial institutions in order \n to increase the availability of credit for small businesses.\n ``(2) Structure of the program.--To the extent practicable, \n the Administrator shall carry out the Program in the same \n manner as the Small Business Lending Fund Program authorized \n under section 4103(a)(2) of the Small Business Jobs Act of \n 2010, except that--\n ``(A) all funds received by the Administrator in \n connection with purchases made under the Program, \n including principal, interest payments, dividend \n payments, and proceeds from the sale of any financial \n instrument, shall be deposited into the Fund;\n ``(B) eligible community development financial \n institutions may apply to receive a capital investment \n from the Fund in an amount not exceeding 10 percent of \n total assets, or such other percentage as the \n Administrator determines to be appropriate; and\n ``(C) the authority to make capital investments in \n eligible community development financial institutions \n shall continue so long as amounts described under \n subsection (b) are available to make such investments.\n ``(b) Funding.--\n ``(1) In general.--Notwithstanding any other provision of \n this Act, amounts deposited into the Fund pursuant to section \n 4(a) of the Small Business Leg-Up Act of 2011, section \n 4103(b)(3) of the Small Business Jobs Act of 2010, or \n subsection (a)(2)(A) shall only be available to carry out the \n Program established under subsection (a).\n ``(2) Administration costs.--Interest payments received \n under subsection (a)(2)(A) may be used to pay for the \n administrative costs of carrying out the Program.\n ``(3) Authorization of appropriations.--There is authorized \n to be appropriated to the Administrator $4,000,000 to carry out \n the Program.\n ``(c) Rulemaking.--The Administrator may issue such regulations as \nthe Administrator determines to be appropriate to carry out this \nsection.\n ``(d) Eligible Community Development Financial Institution Defined \n.--For purposes of this section, the term `eligible community \ndevelopment financial institution' means a community development \nfinancial institution with assets of $10,000,000,000 or less, as \nreported in audited financial statements.''.\n (b) Technical Amendment.--The table of contents for the Riegle \nCommunity Development and Regulatory Improvement Act of 1994 is amended \nby inserting after the item relating to section 108 the following new \nitem:\n\n``108A. Small Business Capital Investment Program to increase credit \n availability for small businesses.''.","summary":"Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011 or the Small Business Leg-Up Act of 2011 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions to apply to receive a capital investment of up to 10 of total assets, or another appropriate percentage determined by the Administrator. Directs the Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program.","title":"To transfer unobligated and repaid funds from the Small Business Lending Fund Program to the Community Development Financial Institutions Fund to continue the program of making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses, and for other purposes.","text_len":5906,"sum_len":1578} {"bill_id":"107_hr5242","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Workplace Employee Stock Option Act \nof 2002''.\n\nSEC. 2. INCENTIVES TO GRANT EMPLOYEE STOCK OPTIONS.\n\n (a) In General.--Section 423 of the Internal Revenue Code of 1986 \n(relating to employee stock purchase plans) is amended by adding at the \nend the following new subsection:\n ``(d) Special Incentives With Respect to Employee Stock Purchase \nPlans Which Meet Certain Additional Requirements.--\n ``(1) In general.--If--\n ``(A) section 421(a) would (but for this \n subsection) apply with respect to the transfer of stock \n to an individual by reason of this section, and\n ``(B) the requirements of paragraph (2) are met \n with respect to such transfer,\n the rules of paragraph (3) shall apply in lieu of the rules of \n section 421(a) and section 56(b)(3) shall not apply.\n ``(2) Requirements.--A transfer of stock to an individual \n meets the requirements of this paragraph if--\n ``(A) the price paid by the individual for the \n stock under the option is paid only through payroll \n deductions in substantially equal amounts over a period \n of not less than 12 months and not more than 60 months,\n ``(B) such payroll deductions are held in a trust \n described in paragraph (5),\n ``(C) the price of the stock acquired under the \n option is not less than the fair market value of the \n stock at the time the option is granted,\n ``(D) ownership of the stock is transferred to the \n individual at the end of the payroll deduction period \n (or, if earlier, the date that the price of the stock \n under the option is fully paid),\n ``(E) the individual's election to commence \n withholding to purchase such stock pursuant to the \n option is made during the 30-day period beginning on \n the earliest date that the individual could have made \n the election to commence withholding to acquire stock \n pursuant to such option, and\n ``(F) the stock acquired by the individual pursuant \n to the option--\n ``(i) is held by the trust described in \n paragraph (5) until the individual elects to \n dispose of such stock, or\n ``(ii) at the election of the individual, \n is transferred to the individual.\n ``(3) Special tax treatment.--\n ``(A) Treatment of payroll deductions.--With \n respect to the payroll deductions referred to in \n paragraph (2)(A)--\n ``(i) the gross income of the individual \n shall not include an amount equal to such \n deductions,\n ``(ii) for purposes of subtitle C, the \n individual's remuneration for employment shall \n not include an amount equal to such deductions, \n and\n ``(iii) the deduction otherwise allowable \n under section 162 for remuneration paid to such \n individual shall be reduced by an amount equal \n to such deductions.\n The aggregate amount to which the preceding sentence \n applies for any taxable year of an individual shall not \n exceed the limitation under section 402(g)(1) for such \n taxable year.\n ``(B) Treatment when share transferred to \n individual.--\n ``(i) Employee.--No amount shall be \n includible in the gross income of an individual \n (or treated as remuneration for purposes of \n subtitle C) by reason of the transfer of \n ownership of stock acquired pursuant to an \n option to which this subsection applies.\n ``(ii) Employer.--There shall be allowed as \n a deduction under section 162 to the person \n whose deduction was reduced under subparagraph \n (A)(iii) (for the taxable year in which such \n transfer of ownership occurs) an amount equal \n to the fair market value of the stock at the \n time of such transfer.\n ``(C) Treatment when share disposed of.--At the \n time the stock is disposed of, so much of the gain as \n does not exceed the deduction allowed under \n subparagraph (B)(ii) shall be treated as ordinary \n income.\n ``(D) Failure to include proper amount of ordinary \n income.--If--\n ``(i) the gain on any disposition of stock \n acquired pursuant to an option to which this \n subsection applies exceeds the deduction \n allowed under subparagraph (B)(ii), and\n ``(ii) the individual fails to include in \n gross income as ordinary income at least the \n amount of such deduction,\n then the entire amount of gain shall be included in \n gross income as ordinary income.\n ``(4) Special rules.--\n ``(A) Determination of option price.--For purposes \n of paragraph (2), an option to acquire stock shall be \n treated as being granted on the earliest date that the \n individual could have made the election to acquire \n stock pursuant to such option.\n ``(B) Return of payroll deductions.--Nothing in \n this subsection shall prevent the return of an \n individual's payroll deductions to the individual if \n the individuals elects not to use the deducted amounts \n to acquire the stock. The amount so returned shall be \n included in the gross income of such individual for the \n taxable year in which paid to the individual and shall \n be treated for purposes of subtitle C as remuneration \n from employment.\n ``(C) Termination of employment.--If an individual \n terminates employment with the person who granted the \n option to acquire stock, paragraph (2)(A) shall not \n apply to amounts paid within 3 months after such \n termination to the extent such amounts do not exceed \n the amount payable under options granted before the \n date of such termination. In the case of an individual \n who is disabled or who dies before the close of such 3 \n months, the preceding sentence shall be applied by \n substituting `1 year' for `3 months'.\n ``(D) Treatment of nonresident aliens.--If an \n individual is a nonresident alien individual for any \n portion of the taxable year, this subsection shall \n apply only if--\n ``(i) such individual is treated as a \n resident alien of the United States for \n purposes of this chapter by reason of an \n election under subsection (g) or (h) of section \n 6013, or\n ``(ii) such individual has income from \n sources within the United States or which is \n effectively connected with the conduct of a \n trade or business in the United States.\n ``(E) Certain employees may be excluded.--In \n applying subsection (b)(4) for purposes of this \n subsection, there may be excluded employees included in \n a unit of employees covered by an agreement between \n employee representatives and one or more employers \n which the Secretary finds to be a collective bargaining \n agreement, if the benefits provided under this \n subsection were the subject of good faith bargaining \n between such employee representatives and such employer \n or employers.\n ``(5) Rate of cash compensation must be unaffected.--The \n grant of any options under the arrangement may not be directly \n linked with a systematic reduction in the annual rate at which \n basic or regular cash compensation is paid to employees under \n the arrangement, as determined under regulations prescribed by \n the Secretary of the Treasury.\n ``(6) Trust holding payroll deductions.--A trust is \n described in this paragraph if--\n ``(A) the trust is created or organized in the \n United States exclusively for the purposes of holding \n payroll deductions pursuant to this subsection and \n stock acquired with such payroll deductions,\n ``(B) a separate account is maintained for each \n individual, and\n ``(C) any earnings on payroll deductions of an \n individual are paid not less often than annually to \n such individual.\n The Employee Retirement Income Security Act of 1974 shall not \n apply to any trust described in this paragraph.\n ``(7) Regulations.--The Secretary shall prescribe such \n regulations as may be appropriate to carry out this \n subsection.''\n (b) Exemption From Tax for Trust Holding Payroll Deductions, Etc.--\nSubsection (a) of section 501 of such Code is amended by striking ``or \nsection 401(a)'' and inserting ``, section 401(a), or section \n423(d)(5)''.\n (c) Information Reporting.--\n (1) In general.--Subpart B of part III of subchapter A of \n chapter 61 of such Code is amended by adding at the end the \n following new section:\n\n``SEC. 6050T. RETURNS RELATING TO TRANSFER OF OWNERSHIP OF STOCK \n ACQUIRED PURSUANT TO CERTAIN STOCK OPTIONS.\n\n ``(a) In General.--Any person who is allowed a deduction for any \ntaxable year under section 423(d)(3)(B)(ii) with respect to the \ntransfer of ownership of stock to any individual shall make the return \ndescribed in subsection (b) with respect to such transfer at such time \nas the Secretary may by regulations prescribe.\n ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n ``(1) is in such form as the Secretary may prescribe,\n ``(2) contains--\n ``(A) the name, address, and TIN of the individual \n to whom the stock ownership was so transferred,\n ``(B) the amount of the deduction allowed under \n section 423(d)(3)(B)(ii) with respect to such transfer, \n and\n ``(C) such other information as the Secretary may \n prescribe.\n ``(c) Statements To Be Furnished To Persons With Respect To Whom \nInformation Is Required.--Every person required to make a return under \nsubsection (a) shall furnish to each individual whose name is required \nto be set forth in such return a written statement showing--\n ``(1) the name, address, and phone number of the \n information contact of the person required to make such return, \n and\n ``(2) the amount of the deduction described in subsection \n (a) with respect to stock ownership transferred to such \n individual.\nThe written statement required under the preceding sentence shall be \nfurnished to the person on or before January 31 of the year following \nthe calendar year for which the return under subsection (a) was \nrequired to be made.''\n (2) Assessable penalties.--\n (A) Subparagraph (B) of section 6724(d)(1) of such \n Code (relating to definitions) is amended by \n redesignating clauses (xi) through (xvii) as clauses \n (xii) through (xviii), respectively, and by inserting \n after clause (x) the following new clause:\n ``(xi) section 6050T (relating to returns \n relating to transfers of ownership of stock \n acquired pursuant to certain stock options),''.\n (B) Paragraph (2) of section 6724(d) of such Code \n is amended by striking ``or'' at the end of the next to \n last subparagraph, by striking the period at the end of \n the last subparagraph and inserting ``, or'', and by \n adding at the end the following new subparagraph:\n ``(BB) section 6050T(c) (relating to returns \n relating to transfers of ownership of stock acquired \n pursuant to certain stock options).''.\n (3) Clerical amendment.--The table of sections for subpart \n B of part III of subchapter A of chapter 61 of such Code is \n amended by inserting after the item relating to section 6050S \n the following new item:\n\n ``Sec. 6050T. Returns relating to \n transfers of ownership of stock \n acquired pursuant to certain \n stock options.''.\n (d) Effective Date.--The amendments made by this section shall \napply to options granted after the date of the enactment of this Act.","summary":"Workplace Employee Stock Option Act of 2002 - Amends the Internal Revenue Code to provide for the exclusion from gross income of certain stock purchased with payroll deductions through an employee stock purchase plan. Sets forth special rules with respect to the inclusion of nonresident aliens under the provisions of this Act. Allows certain employees to be excluded from purchasing stock options under this Act. Requires certain employers to submit information returns relating to the transfer of ownership of stock acquired by employees pursuant to certain stock options, and assesses penalties for failure to comply.","title":"To amend the Internal Revenue Code of 1986 to encourage the granting of employee stock options.","text_len":14290,"sum_len":621} {"bill_id":"103_hr2228","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Family Living Wage Act''.\n\nSEC. 2. INCREASE IN EARNED INCOME TAX CREDIT.\n\n (a) General Rule.--Subsections (a) and (b) of section 32 of the \nInternal Revenue Code of 1986 (relating to earned income tax credit) \nare amended to read as follows:\n ``(a) Allowance of Credit.--\n ``(1) In general.--In the case of an eligible individual, \n there shall be allowed as a credit against the tax imposed by \n this subtitle for the taxable year an amount equal to the \n credit percentage of so much of the earned income for the \n taxable year as does not exceed $8,000.\n ``(2) Limitation.--The amount of the credit allowable to a \n taxpayer under this subsection for any taxable year shall not \n exceed the excess (if any) of--\n ``(A) the credit percentage of $8,000, over\n ``(B) the phaseout percentage of so much of the \n adjusted gross income (or, if greater, the earned \n income) of the taxpayer for the taxable year as exceeds \n $10,000.\n ``(b) Percentages.--For purposes of subsection (a)--\n ``(1) Credit percentage.--\n ``(A) In general.--The credit percentage is the \n percentage equal to the sum of--\n ``(i) 20 percent,\n ``(ii) 5 percent for each school age \n qualifying child, plus\n ``(iii) 10 percent for each preschool age \n qualifying child.\n ``(B) Not more than 4 children taken into \n account.--Not more than 4 children shall be taken into \n account under subparagraph (A), and preschool age \n qualifying children shall be taken into account before \n any other children are taken into account.\n ``(2) Phaseout percentage.--\n ``(A) Phasedown to minimum benefit.--\n ``(i) In general.--The phaseout percentage \n is the percentage determined in accordance with \n the following table:\n\n ``If the combination of\n \n qualifying children taken\n \n into account under\n The phaseout\n paragraph (1) is--\n percentage is--\n 1 S................. 13 \n 2 S, or 1 P......... 14 \n 3 S, or 1 S and 1 P. 15 \n 4 S, or 2 S and 1 P, 16 \n or 2 P.\n 3 S and 1 P, or 1 S 17 \n and 2 P.\n 2 S and 2 P, or 3 P. 18 \n 1 S and 3 P......... 19 \n 4 P................. 20. \n ``(ii) Symbols used in table.--For purposes \n of clause (i)--\n ``(I) S means school age qualifying \n child, and\n ``(II) P means preschool age \n qualifying child.\n ``(B) Minimum benefit for taxpayers with incomes \n below $50,000.--Except as provided in subparagraph (C), \n subparagraph (A) shall not apply so as to reduce the \n credit allowed by this section to a taxpayer to less \n than the minimum benefit determined in accordance with \n the following table:\n\n ``If the phaseout percentage\n The minimum\n applicable to the taxpayer is--\n benefit is--\n 13..................... $200 \n 14..................... 400 \n 15..................... 600 \n 16..................... 800 \n 17..................... 1,000 \n 18..................... 1,200 \n 19..................... 1,400 \n 20..................... 1,600. \n ``(C) Phaseout of minimum benefit.--If the adjusted \n gross income (or, if greater, the earned income) of the \n taxpayer for the taxable year exceeds $50,000, the \n minimum benefit determined under subparagraph (B) shall \n be reduced by 15 percent of such excess.\n ``(3) Special rules for individual whose only children have \n attained age 16.--For purposes of this section, in the case of \n an individual who is an eligible individual solely by reason of \n children each of whom has attained age 16 as of the close of \n the taxable year--\n ``(A) the credit percentage shall be 20 percent,\n ``(B) the phaseout percentage shall be 12 percent, \n and\n ``(C) subparagraphs (B) and (C) of paragraph (2) \n shall not apply.''\n (b) Preschool Age and School Age Qualifying Children Defined.--\nSubsection (c) of section 32 of such Code is amended by adding at the \nend the following new paragraph:\n ``(4) Preschool age and school age qualifying children.--\n ``(A) Preschool age qualifying child.--The term \n `preschool age qualifying child' means any qualifying \n child who has not attained age 6 as of the close of the \n taxable year.\n ``(B) School age qualifying child.--The term \n `school age qualifying child' means any qualifying \n child who has attained age 6 but not age 16 as of the \n close of the taxable year.''\n (c) Advance Payment Provisions.--\n (1) Subsection (b) of section 3507 of such Code is amended \n by striking ``and'' at the end of paragraph (2), by striking \n the period at the end of paragraph (3) and inserting ``, and'', \n and by inserting after paragraph (3) the following new \n paragraph:\n ``(4) states the number and ages of qualifying children (as \n defined in section 32(c)) of the employee for the taxable \n year.''\n (2) Paragraph (2) of section 3507(c) of such Code is \n amended--\n (A) in subparagraph (B)(i), by striking ``(without \n regard to subparagraph (D)'' and by striking ``section \n 32(a)(1)'' and inserting ``section 32(a)'',\n (B) in subparagraph (B)(ii), by striking ``section \n 32(b)(1)(B)(ii)'' and inserting ``section 32(a)(2)'' \n and by striking ``section 32(a)(1)'' and inserting \n ``section 32(a)'', and\n (C) by adding at the end the following new \n sentence:\n ``For purposes of this paragraph, the credit percentage shall \n be determined under section 32(b) on the basis of the number \n and ages of qualifying children specified in the earned income \n eligibility certificate and the determination of the amounts \n referred to in subparagraph (B)(ii) shall be made on the basis \n of the number and ages of qualifying children so specified.''\n (3) Clause (i) of section 3507(e)(3)(A) of such Code is \n amended by inserting before ``, or'' the following: ``(or \n changing the percentages applicable to the employee under \n section 32(b) for the taxable year)''.\n (d) Conforming Amendments.--\n (1) Paragraph (2) of section 32(f) of such Code is \n amended--\n (A) by striking ``subsection (b)'' each place it \n appears in subparagraphs (A) and (B) and inserting \n ``subsection (a)(2)'', and\n (B) by adding at the end the following new \n sentence:\n ``Separate tables shall be prescribed for each of the phaseout \n percentages specified in the table contained in subsection \n (b)(2)(A)(i).''\n (2) Paragraphs (1) and (2) of section 32(i) of such Code \n are amended to read as follows:\n ``(1) In general.--In the case of any taxable year \n beginning after 1995, each amount referred to in paragraph (2) \n shall be increased by an amount equal to--\n ``(A) such amount, multiplied by\n ``(B) the cost-of-living adjustment determined \n under section 1(f)(3) for the calendar year in which \n the taxable year begins by substituting `1994' for \n `1989' in subparagraph (B) thereof.\n ``(2) Amounts.--The amounts referred to in this paragraph \n are--\n ``(A) the credit percentages used for purposes of \n subsection (a),\n ``(B) the $10,000 amount contained in subsection \n (a)(2)(B), and\n ``(C) the $50,000 amount contained in subsection \n (b)(2)(C).''\n (3) Section 213 of such Code (relating to medical, dental, \n etc., expenses) is amended by striking subsection (f).\n (4) Paragraph (3) of section 162(l) of such Code is amended \n to read as follows:\n ``(3) Coordination with medical deduction.--Any amount paid \n by a taxpayer for insurance to which paragraph (1) applies \n shall not be taken into account in computing the amount \n allowable to the taxpayer as a deduction under section \n 213(a).''\n (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1993; except that \nthe amendments made by subsection (c) shall take effect on January 1, \n1994.\n\nSEC. 3. DEPENDENT CARE CREDIT LIMITED TO HANDICAPPED DEPENDENTS AND \n SPOUSES.\n\n (a) In General.--Paragraph (1) of section 21(b) of the Internal \nRevenue Code of 1986 (defining qualifying individual and employment-\nrelated expenses) is amended by striking subparagraph (A), by \nredesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), \nrespectively, and by adding at the end the following new sentence:\n ``In the case of an individual described in subparagraph (A) \n who has not attained age 16 as of the close of the taxable \n year, such individual may be treated as a qualifying individual \n for purposes of this section only if the taxpayer elects not to \n treat such individual as a qualifying child under section 32 \n for such year.''\n (b) Conforming Amendments.--\n (1) Subparagraph (B) of section 21(b)(2) of such Code is \n amended by striking ``care of--'' and all that follows and \n inserting ``care of a qualifying individual who regularly \n spends at least 8 hours each day in the taxpayer's household.''\n (2) Paragraph (2) of section 21(d) of such Code is amended \n by striking ``subsection (b)(1)(C)'' and inserting ``subsection \n (b)(1)(B)''.\n (3) Paragraph (5) of section 21(e) of such Code is \n amended--\n (A) by striking ``is under the age of 13 or'' in \n subparagraph (B), and\n (B) by striking ``subparagraph (A) or (B) of \n subsection (b)(1) (whichever is appropriate)'' and \n inserting ``subsection (b)(1)(A)''.\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1993.\n\nSEC. 4. ELIMINATION OF PROPOSED CHANGES IN TREATMENT OF EARNED INCOME \n CREDIT IN DETERMINING CERTAIN WELFARE BENEFITS.\n\n Paragraphs (1) and (2)(A) of section 402(c) of the Family Support \nAct of 1988 are repealed.","summary":"Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $8,000 the amount of earned income subject to the credit, (2) establish the basic credit at 20 percent. And (3) permit an additional credit of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $50,000. Indexes amounts relating to the credit beginning in 1995. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 16 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act.","title":"Family Living Wage Act","text_len":12705,"sum_len":1190} {"bill_id":"104_s597","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare\/Medicaid Solvency Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--The Congress finds that--\n (1) illnesses and diseases that result from the use of \n tobacco products cost Federal Government health care programs \n billions of dollars, including $10,200,000,000 in the medicare \n program, $5,100,000,000 in the medicaid program, and \n $4,700,000,000 in other Federal health programs in fiscal year \n 1993;\n (2) in April 1994, the trustees of the medicare trust funds \n concluded that such funds may be insolvent in 2001;\n (3) such insolvency would severely affect the ability of \n the medicare trust funds to continue to protect the health of \n America's senior citizens; and\n (4) the medicare population has a significantly higher risk \n of contracting illnesses and diseases that result from the use \n of tobacco products than younger age groups.\n (b) Purpose.--The purpose of this Act is to insure the long-term \nviability of the medicare, medicaid, and other federal health programs \nby establishing a dedicated trust fund to reimburse the government for \nthe health care costs of individuals with diseases attributable to the \nuse of tobacco products.\n\nSEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST \n REIMBURSEMENT TRUST FUND.\n\n (a) In General.--The Internal Revenue Code of 1986 is amended by \nadding at the end the following new subtitle:\n\n``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care \n Cost Reimbursement Trust Fund.\n\n ``Chapter 100. Tobacco Product \n Manufacturers Contribution to \n Health Care Cost Reimbursement \n Trust Fund.\n\n ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH \n CARE COST REIMBURSEMENT TRUST FUND.\n\n ``Sec. 9801. Establishment of Tobacco \n Product Health Care Cost \n Reimbursement Trust Fund.\n ``Sec. 9802. Contributions to Trust Fund.\n\n``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST \n REIMBURSEMENT TRUST FUND.\n\n ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Tobacco Product \nHealth Care Cost Reimbursement Trust Fund' (hereafter referred to in \nthis chapter as the `Trust Fund'), consisting of such amounts as may be \nappropriated or transferred to the Trust Fund as provided in this \nsection or section 9602(b).\n ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the \nTrust Fund an amount equivalent to contributions received in the \nTreasury under section 9802.\n ``(c) Distribution of Amounts in Trust Fund.--\n ``(1) In general.--The amounts in the Trust Fund shall be \n available in each fiscal year (beginning with fiscal year \n 1997), as provided by appropriation Acts, to the Secretary--\n ``(A) to distribute to each particular Secretary \n responsible for the expenditure of Federal funds for \n that fiscal year under title XVIII or XIX of the Social \n Security Act or any other Federal program for the \n payment of health care costs of individuals with \n diseases attributable to the use of tobacco products, \n and\n ``(B) to pay all expenses of administration \n incurred by the Department of the Treasury in \n administering this chapter and the Trust Fund.\n ``(2) Determination of distribution.--Each particular \n Secretary described in paragraph (1)(A) shall submit to the \n Secretary of the Treasury such documentation as the Secretary \n requires to determine the appropriate distribution under \n paragraph (1)(A).\n ``(3) Use of distributions.--In any case in which an \n expenditure of Federal funds described in paragraph (1)(A) was \n made from a trust fund, the distribution under paragraph (1)(A) \n reimbursing such expenditure shall be made to such trust fund.\n ``(4) State medicaid expenditures.--For purposes of this \n section, the Secretary of Health and Human Services shall \n include in the Secretary's submission under paragraph (2) the \n expenditure of State funds under State plans under title XIX of \n the Social Security Act for the payment of health care costs of \n individuals with diseases attributable to the use of tobacco \n products, and to the extent the distribution to the Secretary \n under paragraph (1)(A) is attributable to such expenditure, \n shall reimburse the various States for such expenditures.\n ``(d) Administrative Rules.--For purposes of this section, the \nrules of subchapter B of chapter 98 shall apply.\n ``(e) Tobacco Products.--For purposes of this chapter, the term \n`tobacco products' has the meaning given such term by section 5702(c).\n\n``SEC. 9802. CONTRIBUTIONS TO TRUST FUND.\n\n ``(a) Annual Premiums.--Each manufacturer of tobacco products shall \npay to the Trust Fund, an annual contribution equal to the product of \nthe amount determined under subsection (b) for each fiscal year \n(beginning with fiscal year 1997) and the manufacturer's market share \npercentage determined under subsection (c) for the calendar year \npreceding such fiscal year.\n ``(b) Determination of Funding Levels.--\n ``(1) In general.--Not later than the date the President is \n required to submit the budget of the United States for a fiscal \n year to Congress, the Director of the Centers for Disease \n Control and Prevention, after consultation with the Directors \n of the National Institutes of Health, the National Cancer \n Institute, and the National Heart, Lung, and Blood Institute, \n shall make an estimate of--\n ``(A) the amount of Federal expenditures for that \n fiscal year under titles XVIII and XIX of the Social \n Security Act and other Federal programs, and\n ``(B) the amount of State expenditures for that \n fiscal year under State plans under title XIX of the \n Social Security Act,\n for payment of health care costs of individuals with diseases \n attributable to the use of tobacco products.\n ``(2) Disclosure of estimate methodology.--The Director of \n the Centers for Disease Control and Prevention shall publish in \n the Federal Register all relevant documentation considered and \n the methodology used in making the estimate described in \n paragraph (1).\n ``(3) Report in budget.--The President shall include the \n estimate described in paragraph (1) in the budget for the \n fiscal year.\n ``(c) Market Share Percentage.--\n ``(1) In general.--Not later than July 1, the Secretary \n shall determine and publish the market share percentage for the \n preceding calendar year for each manufacturer of tobacco \n products by determining such manufacturer's percentage share of \n the total amount of tobacco products sold in the United States \n during such calendar year.\n ``(2) Information.--Not later than April 1, each \n manufacturer of tobacco products shall furnish to the Secretary \n such information as the Secretary may require to determine any \n market share percentage under this subsection for the preceding \n calendar year.\n ``(d) Payment of Contributions.--The annual contribution under \nsubsection (a) for any fiscal year shall be payable in 12 monthly \ninstallments, due on the twenty-fifth day of each calendar month in the \nfiscal year.\n ``(e) Enforcement.--For penalties and other general and \nadministrative provisions applicable to this section, see subtitle F.\n ``(f) Manufacturer of Tobacco Products.--For purposes of this \nsection, the term `manufacturer of tobacco products' has the meaning \ngiven such term by section 5702(d).''\n (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","summary":"MedicareMedicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products. And (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.","title":"Medicare\/Medicaid Solvency Act","text_len":8639,"sum_len":814} {"bill_id":"115_s2965","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Clean Slate for Kids Online Act of \n2018''.\n\nSEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998.\n\n (a) Definitions.--Section 1302 of the Children's Online Privacy \nProtection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end \nthe following:\n ``(13) Delete.--The term `delete' means to remove personal \n information such that the information is not maintained in \n retrievable form and cannot be retrieved in the normal course \n of business.''.\n (b) Regulation of Unfair and Deceptive Acts and Practices in \nConnection With the Collection and Use of Personal Information From and \nAbout Children on the Internet.--Section 1303 of the Children's Online \nPrivacy Protection Act of 1998 (15 U.S.C. 6502) is amended--\n (1) in subsection (a), by adding at the end the following:\n ``(3) Failure to delete.--It is unlawful for an operator of \n a website or online service directed to children, or any \n operator that has actual knowledge that it is collecting \n personal information from a child, to fail to delete personal \n information collected from or about a child if a request for \n deletion is made pursuant to regulations prescribed under \n subsection (e).''; and\n (2) by adding at the end the following:\n ``(e) Right of an Individual To Delete Personal Information \nCollected When the Person Was a Child.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of this subsection, the Commission shall promulgate \n under section 553 of title 5, United States Code, regulations \n that require the operator of any website or online service \n directed to children, or any operator that has actual knowledge \n that it has collected personal information from a child or \n maintains such personal information--\n ``(A) to provide notice on the website of how an \n individual over the age of 13, or a legal guardian of \n an individual over the age of 13 acting with the \n knowledge and consent of the individual, can request \n that the operator delete all personal information in \n the possession of the operator that was collected from \n or about the individual when the individual was a child \n notwithstanding any parental consent that may have been \n provided when the individual was a child;\n ``(B) to promptly delete all personal information \n in the possession of the operator that was collected \n from or about an individual when the individual was a \n child when such deletion is requested by an individual \n over the age of 13 or by the legal guardian of such \n individual acting with the knowledge and consent of the \n individual, notwithstanding any parental consent that \n may have been provided when the individual was a child;\n ``(C) to provide written confirmation of deletion, \n after the deletion has occurred, to an individual or \n legal guardian of such individual who has requested \n such deletion pursuant to this subsection; and\n ``(D) to except from deletion personal information \n collected from or about a child--\n ``(i) only to the extent that the personal \n information is necessary--\n ``(I) to respond to judicial \n process; or\n ``(II) to the extent permitted \n under any other provision of law, to \n provide information to law enforcement \n agencies or for an investigation on a \n matter related to public safety; and\n ``(ii) if the operator retain such excepted \n personal information for only as long as \n reasonably necessary to fulfill the purpose for \n which the information has been excepted and \n that the excepted information not be used, \n disseminated or maintained in a form \n retrievable to anyone except for the purposes \n specified in this subparagraph.''.\n (c) Safe Harbors.--Section 1304 of the Children's Online Privacy \nProtection Act of 1998 (15 U.S.C. 6503) is amended--\n (1) in subsection (a), by striking ``section 1303(b)'' and \n inserting ``subsections (b) and (e) of section 1303''; and\n (2) in subsection (b)(1), by striking ``subsection (b)'' \n and inserting ``subsections (b) and (e)''.\n (d) Actions by States.--Section 1305(a)(1) of the Children's Online \nPrivacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by \nstriking ``1303(b)'' and inserting ``subsection (b) or (e) of section \n1303''.","summary":"Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child, to promptly delete, upon request, all personalnbsp, information in thenbsp. Operator's possession that was collected from or about the individual when the individual was a child, and tonbsp. Provide written confirmation of deletion. Delete means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies.","title":"Clean Slate for Kids Online Act of 2018","text_len":5299,"sum_len":1047} {"bill_id":"103_s2091","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Firefighters Pay Fairness Act of \n1994''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) improve pay equality between Federal firefighters and \n municipal and other public sector firefighters;\n (2) enhance recruitment and retention of firefighters in \n order to maintain the highest quality Federal fire service; and\n (3) encourage Federal firefighters to pursue career \n advancement and training opportunities.\n\nSEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY.\n\n Section 5504 of title 5, United States Code, is amended--\n (1) by amending subsection (a) to read as follows:\n ``(a) The pay period for an employee covers 2 administrative \nworkweeks. For the purpose of this section, the term--\n ``(1) `employee' means--\n ``(A) an employee in or under an executive agency;\n ``(B) an employee in or under the judicial branch;\n ``(C) an employee in or under the Office of the \n Architect of the Capitol, the Botanic Garden, and the \n Library of Congress, for whom a basic administrative \n workweek is established under section 6101(a)(5); and\n ``(D) an individual employed by the government of \n the District of Columbia;\n but does not include an employee or individual excluded from \n the definition of an employee in section 5541(2) other than an \n employee or individual excluded by section 5541(2)(xvi);\n ``(2) `firefighter' has the same meaning as such term is \n defined under sections 8331 and 8401; and\n ``(3) `firefighting duties' means those duties usually \n performed by a firefighter in responding to or engaging in the \n control and extinguishment of a fire.'';\n (2) in subsection (b) in the first sentence by inserting \n ``(except as provided under subsection (c))'' after ``in the \n case of an employee'';\n (3) by redesignating subsection (c) as subsection (d); and\n (4) by inserting after subsection (b) the following \n subsection:\n ``(c)(1) For pay computation purposes affecting a firefighter, the \nannual rate of basic pay established by or under statute is deemed the \nannual basic pay to be used in calculating payment for employment \nduring 26 administrative biweekly work periods of up to 106 hours each. \nWhen it is necessary for computation of pay under this subsection to \nconvert an annual rate of basic pay to a basic hourly, daily, or \nbiweekly rate, the following rules govern:\n ``(A) To derive an hourly rate, divide the annual rate by \n 2,087.\n ``(B) To derive a daily rate, multiply the hourly rate by \n the number of hours in the regularly scheduled daily tour of \n duty.\n ``(C) To derive a biweekly rate, multiply the hourly rate \n by the total number of hours not to exceed 106 hours, in the \n regularly scheduled tours of duty during the biweekly period.\nRates are computed to the nearest cent, counting one-half and over as a \nwhole cent.\n ``(2) Notwithstanding the provisions of paragraph (1), for pay \ncomputation purposes affecting an employee who is not a firefighter but \nwho performs firefighting duties during a biweekly pay period, the \nbiweekly pay for that period shall be the greater of pay calculated \nunder--\n ``(A) subsection (b) of this section and sections 5542(a), \n 5545, and 5546, using the employee's annual rate of basic pay; \n or\n ``(B) paragraph (1) and section 5542(d), using the \n employee's annual rate of basic pay.\nRates are computed to the nearest cent, counting one-half and over as a \nwhole cent.''.\n\nSEC. 4. OVERTIME.\n\n (a) Application of Fair Labor Standards Act of 1938.--Section \n5542(c) of title 5, United States Code, is amended to read as follows:\n ``(c) Subsection (a) shall not apply to an employee who is subject \nto the overtime provisions of section 7 of the Fair Labor Standards Act \nof 1938 (29 U.S.C. 207). In the case of a firefighter subject to the \nprovisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 \nU.S.C. 207(k)), overtime shall be determined in accordance with the \nprovisions of subsection (d). In the case of all other employees who \nwould, were it not for the preceding sentences, be subject to the \nprovisions of subsection (a), the Office of Personnel Management shall \nby regulation prescribe what hours shall be deemed to be hours of work \nand what hours of work shall be deemed to be overtime hours for the \npurpose of such section 7 so as to ensure than no employee receives \nless pay by reason of the preceding sentence.''.\n (b) Application to Firefighters.--Section 5542 of title 5, United \nStates Code, is amended by adding at the end thereof the following new \nsubsection:\n ``(d) Firefighters who are subject to the provisions of section \n7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), for \nfull-time, part-time, and intermittent tours of duty, hours ordered or \napproved which in the aggregate exceed 106 hours in a biweekly period, \nshall be compensated at one and one-half times the hourly rate of basic \npay of such employee as determined under subsection (b)(2). Payments \ncalculated under this subsection for hours in excess of 106 in the \nregularly scheduled biweekly tour of duty shall be considered to be \npart of basic pay for purposes of retirement under chapter 83 or 84, as \napplicable, life insurance under chapter 87, and for such other \npurposes as may be expressly provided for by law or as the Office of \nPersonnel Management may by regulation prescribe.''.\n (c) Limitation on Payment of Other Premium Pay.--Section 5545(c) of \ntitle 5, United States Code, is amended by adding a new sentence at the \nend thereof to read as follows:\n``Paragraphs (1) and (2) of this subsection shall not be applicable to \nemployees who are subject to the provisions of section 7(k) of the Fair \nLabor Standards Act of 1938 (29 U.S.C. 207(k)) and the overtime \ncalculations provided for under subsection (d).''.\n\nSEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED TO SUPERVISORY \n POSITION.\n\n (a) In General.--Chapter 53 of title 5, United States Code, is \namended--\n (1) by redesignating section 5385 as section 5386; and\n (2) by inserting after section 5384 the following new \n section:\n``Sec. 5385. Minimum pay rate for firefighter promoted to supervisory \n position\n ``(a) For purposes of this section, the term--\n ``(1) `agency' has the meaning as such term is defined \n under section 5102(1);\n ``(2) `employee' has the meaning as such term is defined \n under section 5102(2); and\n ``(3) `firefighter' has the meaning as such term is defined \n under sections 8331 and 8401.\n ``(b)(1) The position to which an employee described under \nparagraph (2) is promoted shall be paid at a basic rate of pay equal to \nor greater than the annual aggregate rate of pay based on basic pay and \nregularly scheduled overtime pay received by such employee in the \ncalendar year immediately preceding the promotion.\n ``(2) Paragraph (1) applies to an employee who--\n ``(A) is in a position as a firefighter;\n ``(B) is promoted to a supervisory position as a \n firefighter; and\n ``(C) after such promotion, is not subject to the \n provisions of section 7(k) of the Fair Labor Standards Act of \n 1938 (29 U.S.C. 207(k)).''.\n (b) Technical and Conforming Amendments.--The table of sections for \nchapter 53 of title 5, United States Code, is amended by striking out \nthe item relating to section 5385 and inserting in lieu thereof the \nfollowing:\n\n``5385. Minimum pay rate for firefighter promoted to supervisory \n position.\n``5386. Regulations.''.\n\nSEC. 6. TRAINING.\n\n Section 4109 of title 5, United States Code, is amended by adding \nat the end thereof the following new subsection:\n ``(d) Notwithstanding subsection (a)(1), a firefighter, as defined \nunder sections 8331 and 8401, who is selected and assigned for training \nunder this chapter, shall be paid during the period of training at the \nrate of basic pay of such employee and overtime which is normally paid \nfor the regularly scheduled tour of duty of such employee.''.\n\nSEC. 7. TECHNICIAN BONUSES.\n\n (a) In General.--Chapter 45 of title 5, United States Code, is \namended by adding at the end thereof the following new subchapter:\n\n ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND \n CERTIFICATIONS\n\n``Sec. 4531. Definitions\n ``For the purpose of this subchapter, the term--\n ``(1) `firefighter' has the same meaning as such term is \n defined under sections 8331 and 8401; and\n ``(2) `firefighting duties' means those duties usually \n performed by a firefighter in responding to or engaging in the \n control and extinguishment of a fire.\n``Sec. 4532. Award authority\n ``(a) An agency may pay a cash award of up to 5 percent of basic \npay, to a firefighter or other employee who performs firefighting \nduties, employed in or under such agency who possesses and makes \nsubstantial use of special skills or certifications, including handling \nhazardous materials or certification as an emergency medical \ntechnician.\n ``(b) Awards under this section shall be paid under regulations \nprescribed by the head of the agency involved or pursuant to \nnegotiations as the case may be. Such regulations or collective \nbargaining provisions shall include--\n ``(1) procedures under which such special skills or \n certifications shall be ascertained;\n ``(2) criteria for determining the amount paid to \n individuals for recognition under this section; and\n ``(3) any other provisions which may be necessary to carry \n out the purposes of this subchapter.''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 45 of title 5, United States Code, is amended by adding at the \nend thereof the following:\n\n ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND \n CERTIFICATIONS\n\n``4531. Definitions.\n``4532. Award authority.''.\n\nSEC. 8. EFFECTIVE DATES.\n\n The provisions of this Act shall become effective as follows:\n (1) Sections 3, 4, and 5 shall be effective beginning with \n the applicable first pay period which begins on or after 60 \n days after the date of the enactment of this Act.\n (2) Section 6 shall take effective 60 days after the date \n of the enactment of this Act.\n (3) Section 7 shall take effect on October 1, 1994.","summary":"Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch. Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position. And (2) selected and assigned for training. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician.","title":"Firefighters Pay Fairness Act of 1994","text_len":11036,"sum_len":1340} {"bill_id":"104_hr3308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States Armed Forces \nProtection Act of 1996''.\n\nSEC. 2. FINDINGS AND CONGRESSIONAL POLICY.\n\n (a) Findings.--Congress finds as follows:\n (1) The President has made United Nations peace operations \n a major component of the foreign and security policies of the \n United States.\n (2) The President has committed United States military \n personnel under United Nations operational control to missions \n in Haiti, Croatia, and Macedonia that could endanger those \n personnel.\n (3) The President has deployed over 22,000 United States \n military personnel to the former Yugoslavia as peacekeepers \n under NATO operational control to implement the Dayton Peace \n Accord of December 1995.\n (4) Although the President has insisted that he will retain \n command of United States forces at all times, in the past this \n has meant administrative control of United States forces only, \n while operational control has been ceded to United Nations \n commanders, some of whom were foreign nationals.\n (5) The experience of United States forces participating in \n combined United States-United Nations operations in Somalia, \n and in combined United Nations-NATO operations in the former \n Yugoslavia, demonstrate that prerequisites for effective \n military operations such as unity of command and clarity of \n mission have not been met by United Nations command and control \n arrangements.\n (6) Despite the many deficiencies in the conduct of United \n Nations peace operations, there may be unique occasions when it \n is in the national security interests of the United States to \n participate in such operations.\n (b) Policy.--It is the sense of Congress that--\n (1) the President should fully comply with all applicable \n provisions of law governing the deployment of the Armed Forces \n of the United States to United Nations peacekeeping operations;\n (2) the President should consult closely with Congress \n regarding any United Nations peace operation that could involve \n United States combat forces and that such consultations should \n continue throughout the duration of such activities;\n (3) the President should consult with Congress before a \n vote within the United Nations Security Council on any \n resolution which would authorize, extend, or revise the mandate \n for any such activity;\n (4) in view of the complexity of United Nations peace \n operations and the difficulty of achieving unity of command and \n expeditious decisionmaking, the United States should \n participate in such operations only when it is clearly in the \nnational security interest to do so;\n (5) United States combat forces should be under the \n operational control of qualified commanders and should have \n clear and effective command and control arrangements and rules \n of engagement (which do not restrict their self-defense in any \n way) and clear and unambiguous mission statements; and\n (6) none of the Armed Forces of the United States should be \n under the operational control of foreign nationals in United \n Nations peace enforcement operations except in the most \n extraordinary circumstances.\n (c) Definitions.--For purposes of subsections (a) and (b):\n (1) The term ``United Nations peace enforcement \n operations'' means any international peace enforcement or \n similar activity that is authorized by the United Nations \n Security Council under chapter VII of the Charter of the United \n Nations.\n (2) The term ``United Nations peace operations'' means any \n international peacekeeping, peacemaking, peace enforcement, or \n similar activity that is authorized by the United Nations \n Security Council under chapter VI or VII of the Charter of the \n United Nations.\n\nSEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS \n OPERATIONAL OR TACTICAL CONTROL.\n\n (a) In General.--(1) Chapter 20 of title 10, United States Code, is \namended by inserting after section 404 the following new section:\n``Sec. 405. Placement of United States forces under United Nations \n operational or tactical control: limitation\n ``(a) Limitation.--Except as provided in subsections (b) and (c), \nfunds appropriated or otherwise made available for the Department of \nDefense may not be obligated or expended for activities of any element \nof the armed forces that after the date of the enactment of this \nsection is placed under United Nations operational or tactical control, \nas defined in subsection (f).\n ``(b) Exception for Presidential Certification.--(1) Subsection (a) \nshall not apply in the case of a proposed placement of an element of \nthe armed forces under United Nations operational or tactical control \nif the President, not less than 15 days before the date on which such \nUnited Nations operational or tactical control is to become effective \n(or as provided in paragraph (2)), meets the requirements of subsection \n(d).\n ``(2) If the President certifies to Congress that an emergency \nexists that precludes the President from meeting the requirements of \nsubsection (d) 15 days before placing an element of the armed forces \nunder United Nations operational or tactical control, the President may \nplace such forces under such operational or tactical control and meet \nthe requirements of subsection (d) in a timely manner, but in no event \nlater than 48 hours after such operational or tactical control becomes \neffective.\n ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in \nthe case of a proposed placement of any element of the armed forces \nunder United Nations operational or tactical control if Congress \nspecifically authorizes by law that particular placement of United \nStates forces under United Nations operational or tactical control.\n ``(2) Subsection (a) shall not apply in the case of a proposed \nplacement of any element of the armed forces in an operation conducted \nby the North Atlantic Treaty Organization.\n ``(d) Presidential Certifications.--The requirements referred to in \nsubsection (b)(1) are that the President submit to Congress the \nfollowing:\n ``(1) Certification by the President that it is in the \n national security interests of the United States to place any \n element of the armed forces under United Nations operational or \n tactical control.\n ``(2) A report setting forth the following:\n ``(A) A description of the national security \n interests that would be advanced by the placement of \n United States forces under United Nations operation or \n tactical control.\n ``(B) The mission of the United States forces \n involved.\n ``(C) The expected size and composition of the \n United States forces involved.\n ``(D) The precise command and control relationship \n between the United States forces involved and the \n United Nations command structure.\n ``(E) The precise command and control relationship \n between the United States forces involved and the \n commander of the United States unified command for the \n region in which those United States forces are to \n operate.\n ``(F) The extent to which the United States forces \n involved will rely on forces of other countries for \n security and defense and an assessment of the \ncapability of those other forces to provide adequate security to the \nUnited States forces involved.\n ``(G) The exit strategy for complete withdrawal of \n the United States forces involved.\n ``(H) The extent to which the commander of any unit \n of the armed forces proposed for placement under United \n Nations operational or tactical control will at all \n times retain the right--\n ``(i) to report independently to superior \n United States military authorities; and\n ``(ii) to decline to comply with orders \n judged by the commander to be illegal or beyond \n the mandate of the mission to which the United \n States agreed with the United Nations, until \n such time as that commander receives direction \n from superior United States military \n authorities with respect to the orders that the \n commander has declined to comply with.\n ``(I) The extent to which the United States will \n retain the authority to withdraw any element of the \n armed forces from the proposed operation at any time \n and to take any action it considers necessary to \n protect those forces if they are engaged.\n ``(J) The anticipated monthly incremental cost to \n the United States of participation in the United \n Nations operation by the United States forces which are \n proposed to be placed under United Nations operational \n or tactical control and the percentage that such cost \n represents of the total anticipated monthly incremental \n costs of all nations expected to participate in such \n operation.\n ``(e) Classification of Report.--A report under subsection (d) \nshall be submitted in unclassified form and, if necessary, in \nclassified form.\n ``(f) United Nations Operational or Tactical Control.--For purposes \nof this section, an element of the Armed Forces shall be considered to \nbe placed under United Nations operational or tactical control if--\n ``(1) that element is under the operational or tactical \n control of an individual acting on behalf of the United Nations \n for the purpose of international peacekeeping, peacemaking, \n peace-enforcing, or similar activity that is authorized by the \n Security Council under chapter VI or VII of the Charter of the \n United Nations; and\n ``(2) the senior military commander of the United Nations \n force or operation is a foreign national or is a citizen of the \n United States who is not a United States military officer \n serving on active duty.\n ``(g) Interpretation.--Nothing in this section may be construed--\n ``(1) as authority for the President to use any element of \n the Armed Forces in any operation;\n ``(2) as authority for the President to place any element \n of the Armed Forces under the command or operational control of \n a foreign national; or\n ``(3) as superseding, negating, or otherwise affecting the \n requirements of section 6 of the United Nations Participation \n Act of 1945 (22 U.S.C. 287d).''.\n (2) The table of sections at the beginning of subchapter I of such \nchapter is amended by adding at the end the following new item:\n\n``405. Placement of United States forces under United Nations \n operational or tactical control: \n limitation.''.\n (b) Exception for Ongoing Operations in Macedonia and Croatia.--\nSection 405 of title 10, United States Code, as added by subsection \n(a), does not apply in the case of activities of the Armed Forces that \nare carried out--\n (1) in Macedonia as part of the United Nations force \n designated as the United Nations Preventive Deployment Force \n (UNPREDEP) pursuant to United Nations Security Council \n Resolution 795, adopted December 11, 1992, and Resolution 983, \n adopted March 31, 1995, and subsequent reauthorization \n Resolutions; or\n (2) in Croatia as part of the United Nations force \n designated as the United Nations Transitional Administration \n for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES) \n pursuant to United Nations Security Council Resolution 1037, \n adopted January 15, 1996, and subsequent reauthorization \n Resolutions.\n\nSEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN \n OF COMMAND.\n\n (a) In General.--Chapter 37 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 656. Members required to be informed of mission and chain of \n command\n ``The commander of any unit of the armed forces assigned to an \noperation shall ensure that each member of such unit is fully informed \nof that unit's mission as part of such operation and of that member's \nchain of command.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``656. Members required to be informed of mission and chain of \n command.''.\n\nSEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO \n WEAR UNIFORM ITEMS OF THE UNITED NATIONS.\n\n (a) In General.--Chapter 45 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 777. Insignia of United Nations: prohibition on requirement for \n wearing\n ``No member of the armed forces may be required to wear as part of \nthe uniform any badge, symbol, helmet, headgear, or other visible \nindicia or insignia which indicates (or tends to indicate) any \nallegiance or affiliation to or with the United Nations except in a \ncase in which the wearing of such badge, symbol, helmet, headgear, \nindicia, or insignia is specifically authorized by law with respect to \na particular United Nations operation.''.\n (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``777. Insignia of United Nations: prohibition on requirement for \n wearing.''.\n\n Passed the House of Representatives September 5, 1996.\n\n Attest:\n\n ROBIN H. CARLE,\n\n Clerk.","summary":"United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of US armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless: (1) the President, at least 15 days before UN control is to become effective , certifies to the Congress that such action is in the national security interests. Or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including: (1) information on the national security interests to be advanced. (2) the mission, size, and composition of the US forces involved. (3) the command and control relationship of the US forces with the UN command structure and with the US unified command for the region. (4) the exit strategy for, and withdrawal authority of, US forces. And (5) the anticipated monthly incremental cost of US participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits US military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation.","title":"United States Armed Forces Protection Act of 1996","text_len":14906,"sum_len":1918} {"bill_id":"104_hr2930","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Notch Fairness Act of 1996''.\n\nSEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE \n ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.\n\n (a) In General.--Section 215(a) of the Social Security Act is \namended--\n (1) in paragraph (4)(B), by inserting ``(with or without \n the application of paragraph (8))'' after ``would be made'', \n and by striking ``1984'' in clause (i) and inserting ``1989''; \n and\n (2) by adding at the end the following:\n ``(8)(A) In the case of an individual described in paragraph (4)(B) \n(subject to subparagraph (F) of this paragraph), the amount of the \nindividual's primary insurance amount as computed or recomputed under \nparagraph (1) shall be deemed equal to the sum of--\n ``(i) such amount, and\n ``(ii) the applicable transitional increase amount (if \n any).\n ``(B) For purposes of subparagraph (A)(ii), the term `applicable \ntransitional increase amount' means, in the case of any individual, the \nproduct derived by multiplying--\n ``(i) the excess under former law, by\n ``(ii) the applicable percentage in relation to the year in \n which the individual becomes eligible for old-age insurance \n benefits, as determined by the following table:\n\n ``If the individual\n \n becomes eligible for\n The applicable\n such benefits in:\n percentage is:\n 1979............................... 55 percent \n 1980............................... 45 percent \n 1981............................... 35 percent \n 1982............................... 32 percent \n 1983............................... 25 percent \n 1984............................... 20 percent \n 1985............................... 16 percent \n 1986............................... 10 percent \n 1987............................... 3 percent \n 1988............................... 5 percent.\n ``(C) For purposes of subparagraph (B), the term `excess under \nformer law' means, in the case of any individual, the excess of--\n ``(i) the applicable former law primary insurance amount, \n over\n ``(ii) the amount which would be such individual's primary \n insurance amount if computed or recomputed under this section \n without regard to this paragraph and paragraphs (4), (5), and \n (6).\n ``(D) For purposes of subparagraph (C)(i), the term `applicable \nformer law primary insurance amount' means, in the case of any \nindividual, the amount which would be such individual's primary \ninsurance amount if it were--\n ``(i) computed or recomputed (pursuant to paragraph \n (4)(B)(i)) under section 215(a) as in effect in December 1978, \n or\n ``(ii) computed or recomputed (pursuant to paragraph \n (4)(B)(ii)) as provided by subsection (d),\n(as applicable) and modified as provided by subparagraph (E).\n ``(E) In determining the amount which would be an individual's \nprimary insurance amount as provided in subparagraph (D)--\n ``(i) subsection (b)(4) shall not apply;\n ``(ii) section 215(b) as in effect in December 1978 shall \n apply, except that section 215(b)(2)(C) (as then in effect) \n shall be deemed to provide that an individual's `computation \n base years' may include only calendar years in the period after \n 1950 (or 1936 if applicable) and ending with the calendar year \n in which such individual attains age 61, plus the 3 calendar \n years after such period for which the total of such \n individual's wages and self-employment income is the largest; \n and\n ``(iii) subdivision (I) in the last sentence of paragraph \n (4) shall be applied as though the words `without regard to any \n increases in that table' in such subdivision read `including \n any increases in that table'.\n ``(F) This paragraph shall apply in the case of any individual only \nif such application results in a primary insurance amount for such \nindividual that is greater than it would be if computed or recomputed \nunder paragraph (4)(B) without regard to this paragraph.''.\n (b) Effective Date and Related Rules.--\n (1) Applicability of amendments.--\n (A) In general.--Except as provided in paragraph \n (2), the amendments made by this Act shall be effective \n as though they had been included or reflected in \n section 201 of the Social Security Amendments of 1977.\n (B) Prospective applicability.--No monthly benefit \n or primary insurance amount under title II of the \n Social Security Act shall be increased by reason of \n such amendments for any month before April 1996.\n (2) Recomputation to reflect benefit increases.--In any \n case in which an individual is entitled to monthly insurance \n benefits under title II of the Social Security Act for March \n 1995, if such benefits are based on a primary insurance amount \n computed--\n (A) under section 215 of such Act as in effect (by \n reason of the Social Security Amendments of 1977) after \n December 1978, or\n (B) under section 215 of such Act as in effect \n prior to January 1979 by reason of subsection (a)(4)(B) \n of such section (as amended by the Social Security \n Amendments of 1977),\n the Commissioner of Social Security (notwithstanding section \n 215(f)(1) of the Social Security Act) shall recompute such \n primary insurance amount so as to take into account the \n amendments made by this Act.\n\nSEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED \n ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.\n\n (a) Requirement of Actual Dependency for Future Entitlements.--\n (1) In general.--Section 202(d)(4) of the Social Security \n Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living \n with or''.\n (2) Effective date.--The amendment made by paragraph (1) \n shall apply with respect to benefits of individuals who become \n entitled to such benefits for months after the third month \n following the month in which this Act is enacted.\n (b) Termination of Child's Insurance Benefits Based on Work Record \nof Stepparent Upon Natural Parent's Divorce From Stepparent.--\n (1) In general.--Section 202(d)(1) of the Social Security \n Act (42 U.S.C. 402(d)(1)) is amended--\n (A) by striking ``or'' at the end of clause (F);\n (B) by striking the period at the end of clause (G) \n and inserting ``; or''; and\n (C) by inserting after clause (G) the following new \n clause:\n ``(H) if the benefits under this subsection are based on \n the wages and self-employment income of a stepparent who is \n subsequently divorced from such child's natural parent, the \n sixth month after the month in which the Commissioner of Social \n Security receives formal notification of such divorce.''.\n (2) Effective date.--The amendments made by this subsection \n shall apply with respect to notifications of divorces received \n by the Commissioner of Social Security on or after the date of \n the enactment of this Act.\n\nSEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.\n\n (a) Amendments Relating to Title II Disability Benefits.--\n (1) In general.--Section 223(d)(2) of the Social Security \n Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the \n following:\n ``(C) An individual shall not be considered to be disabled \n for purposes of this title if alcoholism or drug addiction \n would (but for this subparagraph) be a contributing factor \n material to the Commissioner's determination that the \n individual is disabled.''.\n (2) Representative payee requirements.--\n (A) Section 205(j)(1)(B) of such Act (42 U.S.C. \n 405(j)(1)(B)) is amended to read as follows:\n ``(B) In the case of an individual entitled to benefits based on \ndisability, the payment of such benefits shall be made to a \nrepresentative payee if the Commissioner of Social Security determines \nthat such payment would serve the interest of the individual because \nthe individual also has an alcoholism or drug addiction condition (as \ndetermined by the Commissioner) that prevents the individual from \nmanaging such benefits.''.\n (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. \n 405(j)(2)(C)(v)) is amended by striking ``entitled to \n benefits'' and all that follows through ``under a \n disability'' and inserting ``described in paragraph \n (1)(B)''.\n (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 \n U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all \n that follows ``15 years, or'' and inserting ``described \n in paragraph (1)(B).''.\n (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C. \n 405(j)(4)(A)(ii)(II)) is amended by striking ``entitled \n to benefits'' and all that follows through ``under a \n disability'' and inserting ``described in paragraph \n (1)(B)''.\n (3) Treatment referrals for individuals with an alcoholism \n or drug addiction condition.--Section 222 of such Act (42 \n U.S.C. 422) is amended by adding at the end the following new \n subsection:\n\n ``Treatment Referrals for Individuals with an Alcoholism or Drug \n Addiction Condition\n\n ``(e) In the case of any individual whose benefits under this title \nare paid to a representative payee pursuant to section 205(j)(1)(B), \nthe Commissioner of Social Security shall refer such individual to the \nappropriate State agency administering the State plan for substance \nabuse treatment services approved under subpart II of part B of title \nXIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.\n (4) Conforming amendment.--Subsection (c) of section 225 of \n such Act (42 U.S.C. 425(c)) is repealed.\n (5) Effective dates.--\n (A) The amendments made by paragraphs (1) and (4) \n shall apply with respect to monthly insurance benefits \n under title II of the Social Security Act based on \n disability for months beginning after the date of the \n enactment of this Act, except that, in the case of \n individuals who are entitled to such benefits for the \n month in which this Act is enacted, such amendments \n shall apply only with respect to such benefits for \n months beginning on or after January 1, 1997.\n (B) The amendments made by paragraphs (2) and (3) \n shall apply with respect to benefits for which \n applications are filed on or after the date of the \n enactment of this Act.\n (C) If an individual who is entitled to monthly \n insurance benefits under title II of the Social \n Security Act based on disability for the month in which \n this Act is enacted and whose entitlement to such \n benefits would terminate by reason of the amendments \n made by this subsection reapplies for benefits under \n title II of such Act (as amended by this Act) based on \n disability within 120 days after the date of the \n enactment of this Act, the Commissioner of Social \n Security shall, not later than January 1, 1997, \n complete the entitlement redetermination with respect \n to such individual pursuant to the procedures of such \n title.\n (b) Amendments Relating to SSI Benefits.--\n (1) In general.--Section 1614(a)(3) of the Social Security \n Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the \n following:\n ``(I) Notwithstanding subparagraph (A), an individual shall not be \nconsidered to be disabled for purposes of this title if alcoholism or \ndrug addiction would (but for this subparagraph) be a contributing \nfactor material to the Commissioner's determination that the individual \nis disabled.''.\n (2) Representative payee requirements.--\n (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 \n U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as \n follows:\n ``(II) In the case of an individual eligible for benefits under \nthis title by reason of disability, the payment of such benefits shall \nbe made to a representative payee if the Commissioner of Social \nSecurity determines that such payment would serve the interest of the \nindividual because the individual also has an alcoholism or drug \naddiction condition (as determined by the Commissioner) that prevents \nthe individual from managing such benefits.''.\n (B) Section 1631(a)(2)(B)(vii) of such Act (42 \n U.S.C. 1383(a)(2)(B)(vii)) is amended by striking \n ``eligible for benefits'' and all that follows through \n ``is disabled'' and inserting ``described in \n subparagraph (A)(ii)(II)''.\n (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 \n U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking \n all that follows ``15 years, or'' and inserting \n ``described in subparagraph (A)(ii)(II).''.\n (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 \n U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking \n ``eligible for benefits'' and all that follows through \n ``is disabled'' and inserting ``described in \n subparagraph (A)(ii)(II)''.\n (3) Treatment services for individuals with a substance \n abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et \n seq.) is amended by adding at the end the following new \n section:\n\n ``treatment services for individuals with a substance abuse condition\n\n ``Sec. 1636. In the case of any individual whose benefits under \nthis title are paid to a representative payee pursuant to section \n1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer \nsuch individual to the appropriate State agency administering the State \nplan for substance abuse treatment services approved under subpart II \nof part B of title XIX of the Public Health Service Act (42 U.S.C. \n300x-21 et seq.).''.\n (4) Conforming amendments.--\n (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) \n is amended by striking paragraph (3).\n (B) Section 1634 of such Act (42 U.S.C. 1383c) is \n amended by striking subsection (e).\n (5) Effective dates.--\n (A) The amendments made by paragraphs (1) and (4) \n shall apply with respect to supplemental security \n income benefits under title XVI of the Social Security \n Act based on disability for months beginning after the \n date of the enactment of this Act, except that, in the \n case of individuals who are eligible for such benefits \n for the month in which this Act is enacted, such \n amendments shall apply only with respect to such \n benefits for months beginning on or after January 1, \n 1997.\n (B) The amendments made by paragraphs (2) and (3) \n shall apply with respect to supplemental security \n income benefits under title XVI of the Social Security \n Act for which applications are filed on or after the \n date of the enactment of this Act.\n (C) If an individual who is eligible for \n supplemental security income benefits under title XVI \n of the Social Security Act for the month in which this \n Act is enacted and whose eligibility for such benefits \n would terminate by reason of the amendments made by \n this subsection reapplies for supplemental security \n income benefits under title XVI of such Act (as amended \n by this Act) within 120 days after the date of the \n enactment of this Act, the Commissioner of Social \n Security shall, not later than January 1, 1997, \n complete the eligibility redetermination with respect \n to such individual pursuant to the procedures of such \n title.\n (D) For purposes of this paragraph, the phrase \n ``supplemental security income benefits under title XVI \n of the Social Security Act'' includes supplementary \n payments pursuant to an agreement for Federal \n administration under section 1616(a) of the Social \n Security Act and payments pursuant to an agreement \n entered into under section 212(b) of Public Law 93-66.\n (c) Conforming Amendment.--Section 201(c) of the Social Security \nIndependence and Program Improvements Act of 1994 (42 U.S.C. 425 note) \nis repealed.\n (d) Supplemental Funding for Alcohol and Substance Abuse Treatment \nPrograms.--\n (1) In general.--Out of any money in the Treasury not \n otherwise appropriated, there are hereby appropriated to \n supplement State and Tribal programs funded under section 1933 \n of the Public Health Service Act (42 U.S.C. 300x-33), \n $100,000,000 for each of the fiscal years 1997 and 1998.\n (2) Additional funds.--Amounts appropriated under paragraph \n (1) shall be in addition to any funds otherwise appropriated \n for allotments under section 1933 of the Public Health Service \n Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such \n section 1933.\n (3) Use of funds.--A State or Tribal government receiving \n an allotment under this subsection shall consider as \n priorities, for purposes of expending funds allotted under this \n subsection, activities relating to the treatment of the abuse \n of alcohol and other drugs.\n \nHR 2930 IH----2","summary":"Notch Fairness Act of 1996 - Amends title II (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries , with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs.","title":"Notch Fairness Act of 1996","text_len":19496,"sum_len":2196} {"bill_id":"109_s1492","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Chesapeake Bay Environmental \nEducation Pilot Program Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) increasing public environmental awareness and \n understanding through formal environmental education and \n meaningful bay or stream field experiences are vital parts of \n the effort to protect and restore the Chesapeake Bay ecosystem;\n (2) using the Chesapeake Bay watershed as an integrating \n context for learning can help--\n (A) advance student learning skills;\n (B) improve academic achievement in core academic \n subjects; and\n (C)(i) encourage positive behavior of students in \n school; and\n (ii) encourage environmental stewardship in school \n and in the community; and\n (3) the Federal Government, acting through the Secretary of \n Education, should work with the Under Secretary for Oceans and \n Atmosphere, the Chesapeake Executive Council, State educational \n agencies, elementary schools and secondary schools, and \n nonprofit educational and environmental organizations to \n support development of curricula, teacher training, special \n projects, and other activities, to increase understanding of \n the Chesapeake Bay watershed and to improve awareness of \n environmental problems.\n\nSEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT PILOT \n PROGRAM.\n\n Title IV of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 7101 et seq.) is amended by adding at the end the following:\n\n ``PART D--CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT \n PILOT PROGRAM\n\n``SEC. 4401. DEFINITIONS.\n\n ``In this part:\n ``(1) Bay watershed state.--The term `Bay Watershed State' \n means each of the States of Delaware, Maryland, New York, \n Pennsylvania, Virginia, and West Virginia, and the District of \n Columbia.\n ``(2) Chesapeake executive council.--The term `Chesapeake \n Executive Council' has the meaning given the term in section \n 307(d) of the National Oceanic and Atmospheric Administration \n Authorization Act of 1992 (15 U.S.C. 1511d(d)).\n ``(3) Eligible institution.--The term `eligible \n institution' means--\n ``(A) a public elementary school or secondary \n school located in a Bay Watershed State; and\n ``(B) a nonprofit environmental or educational \n organization located in a Bay Watershed State.\n ``(4) Program.--The term `Program' means the Chesapeake Bay \n Environmental Education and Training Grant Pilot Program \n established under section 4402.\n\n``SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT \n PILOT PROGRAM.\n\n ``(a) In General.--The Secretary shall establish a grant program, \nto be known as the `Chesapeake Bay Environmental Education and Training \nGrant Pilot Program', to make grants to eligible institutions to pay \nthe Federal share of the cost of developing, demonstrating, or \ndisseminating information on practices, methods, or techniques relating \nto environmental education and training in the Chesapeake Bay \nwatershed.\n ``(b) Federal Share.--The Federal share referred to in subsection \n(a) shall be 50 percent.\n ``(c) Administration.--The Secretary may offer to enter into a \ncooperative agreement or contract with the National Fish and Wildlife \nFoundation established by the National Fish and Wildlife Foundation \nEstablishment Act (16 U.S.C. 3701 et seq.), the Under Secretary for \nOceans and Atmosphere, a State educational agency, or a nonprofit \norganization that carries out environmental education and training \nprograms, for administration of the Program.\n ``(d) Use of Funds.--An eligible institution that receives a grant \nunder the Program shall use the funds made available through the grant \nto carry out a project consisting of--\n ``(1) design, demonstration, or dissemination of \n environmental curricula, including development of educational \n tools or materials;\n ``(2) design or demonstration of field practices, methods, \n or techniques, including--\n ``(A) assessments of environmental or ecological \n conditions; and\n ``(B) analyses of environmental pollution or other \n natural resource problems;\n ``(3) understanding and assessment of a specific \n environmental issue or a specific environmental problem;\n ``(4) provision of training or related education for \n teachers or other educational personnel, including provision of \n programs or curricula to meet the needs of students in various \n age groups or at various grade levels;\n ``(5) provision of an environmental education seminar, \n teleconference, or workshop for environmental education \n professionals or environmental education students, or provision \n of a computer network for such professionals and students;\n ``(6) provision of on-the-ground activities involving \n students and teachers, such as--\n ``(A) riparian forest buffer restoration; and\n ``(B) volunteer water quality monitoring at \n schools;\n ``(7) provision of a Chesapeake Bay or stream outdoor \n educational experience; or\n ``(8) development of distance learning or other courses or \n workshops that are acceptable in all Bay Watershed States and \n apply throughout the Chesapeake Bay watershed.\n ``(e) Required Elements of Program.--In carrying out the Program, \nthe Secretary shall--\n ``(1) solicit applications for projects;\n ``(2) select suitable projects from among the projects \n proposed;\n ``(3) supervise projects;\n ``(4) evaluate the results of projects; and\n ``(5) disseminate information on the effectiveness and \n feasibility of the practices, methods, and techniques addressed \n by the projects.\n ``(f) Solicitation of Applications.--Not later than 90 days after \nthe date on which amounts are first made available to carry out this \npart, and each year thereafter, the Secretary shall publish a notice of \nsolicitation for applications for grants under the Program that \nspecifies the information to be included in each application.\n ``(g) Applications.--To be eligible to receive a grant under the \nProgram, an eligible institution shall submit an application to the \nSecretary at such time, in such form, and containing such information \nas the Secretary may require.\n ``(h) Priority in Selection of Projects.--In making grants under \nthe Program, the Secretary shall give priority to an applicant that \nproposes a project that will develop--\n ``(1) a new or significantly improved environmental \n education practice, method, or technique, in multiple \n disciplines, or a program that assists appropriate entities and \n individuals in meeting Federal or State academic standards \n relating to environmental education;\n ``(2) an environmental education practice, method, or \n technique that may have wide application; and\n ``(3) an environmental education practice, method, or \n technique that addresses a skill or scientific field identified \n as a priority by the Chesapeake Executive Council.\n ``(i) Maximum Amount of Grants.--Under the Program, the maximum \namount of a grant shall be $50,000.\n ``(j) Notification.--Not later than 3 days before making a grant \nunder this part, the Secretary shall provide notification of the grant \nto the appropriate committees of Congress.\n ``(k) Regulations.--Not later than 1 year after the date of \nenactment of the Chesapeake Bay Environmental Education Pilot Program \nAct, the Secretary shall promulgate regulations concerning \nimplementation of the Program.\n\n``SEC. 4403. EVALUATION AND REPORT.\n\n ``(a) Evaluation.--Not later than December 31, 2009, the Secretary \nshall enter into a contract with an entity that is not the recipient of \na grant under this part to conduct a detailed evaluation of the \nProgram. In conducting the evaluation, the Secretary shall determine \nwhether the quality of content, delivery, and outcome of the Program \nwarrant continued support of the Program.\n ``(b) Report.--Not later than December 31, 2010, the Secretary \nshall submit a report to the appropriate committees of Congress \ncontaining the results of the evaluation.\n\n``SEC. 4404. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There is authorized to be appropriated to carry \nout this part $6,000,000 for each of fiscal years 2006 through 2009.\n ``(b) Administrative Expenses.--Of the amounts made available under \nsubsection (a) for each fiscal year, not more than 10 percent may be \nused for administrative expenses.''.","summary":"Chesapeake Bay Environmental Education Pilot Program Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish a Chesapeake Bay Environmental Education Grant Pilot Program of matching grants for developing, demonstrating, or disseminating information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay watershed. Makes eligible for such grants public elementary or secondary schools and nonprofit environmental or educational organizations located in the District of Columbia, Delaware, Maryland, New York, Pennsylvania, Virginia, or West Virginia.","title":"A bill to amend the Elementary and Secondary Education Act of 1965 to establish a pilot program to make grants to eligible institutions to develop, demonstrate, or disseminate information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay Watershed.","text_len":9278,"sum_len":661} {"bill_id":"110_s1471","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Improved Medical Decision Incentive \nAct of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The United States spends more per capita on health care \n than any other nation, and yet it has mediocre health outcomes, \n including the second-highest infant mortality rate of all \n industrialized nations.\n (2) The efficacy of best practices guidelines in improving \n health care delivery and patient outcomes is well established.\n (3) Existing payment systems compensate physicians without \n adequate attention to the appropriateness or quality of care \n delivered and often without reference to established best \n practices.\n (4) Identification of and adherence to best practices can \n improve the quality of health care while reducing overall costs \n to the health care system.\n (5) Orderly administrative proceedings involving \n knowledgeable professionals will enhance best practices for \n health care.\n (6) Control of medical practices through denial of claims \n by insurance companies has proven wasteful and confusing, and \n has failed to motivate adequate development and use of best \n practices for health care.\n\nSEC. 3. VOLUNTARY STATE DEVELOPMENT AND APPROVAL OF QUALIFYING BEST \n PRACTICES; INCENTIVES FOR PRIVATE INSURERS.\n\n (a) State Approval of Best Practices.--\n (1) In general.--A State health department may approve best \n practices in a course of, or as a means of treatment for, a \n particular condition, illness, or procedure, as the qualifying \n standard of care for the State in order to take advantage of \n the differential rates of payment implemented under sections \n 1898 and 1902(dd) of the Social Security Act (as added by \n sections 4 and 5, respectively) and the private insurance \n incentive under subsection (b).\n (2) Qualifying process for state approval.--In order for \n best practices approved by a State under paragraph (1) to \n qualify as best practices for purposes of implementing such \n differential rates of payment and for purposes of such private \n insurance incentive, a State health department shall--\n (A) allow any duly constituted State medical \n society or medical specialty group to file with the \n State health department a course or means of treatment \n representing best practices for a particular condition, \n illness, or procedure to be applicable in the State, \n including cost-effective prevention and management \n measures;\n (B) provide for notice and hearing consistent with \n the administrative procedures of the State with respect \n to the approval of best practices for a particular \n condition, illness, or procedure;\n (C) permit any health insurer described in \n subsection (b)(1), including any individual authorized \n by the Secretary of Health and Human Services to act as \n a representative of the Medicare and Medicaid programs \n under titles XVIII and XIX, respectively, of the Social \n Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), to \n intervene in any administrative proceeding to approve \n such best practices;\n (D) provide appropriate notice of any such \n administrative proceeding to established advocacy \n groups concerned with the condition or illness involved \n in the proceeding; and\n (E) in the case where the State health department \n determines that a course of treatment filed in \n accordance with subparagraph (A) would lower system \n costs and improve quality of care, approve that best \n practices course of treatment within its jurisdiction \n as the qualifying standard of care under this \n subsection for that condition, illness, or procedure.\n (3) Priority of approvals.--State health departments are \n encouraged to prioritize approval of best practices that \n address conditions, illnesses, or procedures where those best \n practices are reasonably anticipated to result in the greatest \n overall cost savings and quality improvements.\n (4) Approval of qualifying best practices.--If, at the \n conclusion of a process that meets the requirements of \n paragraph (2), the State health department approves best \n practices (as described in paragraph (1)), those best practices \n shall be--\n (A) deemed qualifying best practices;\n (B) the basis for differential rates of payment \n under sections 1898 and 1902(dd) of the Social Security \n Act (as added by sections 4 and 5, respectively); and\n (C) eligible for the private insurance incentive \n under subsection (b).\n (5) Definition of state.--In this subsection the term \n ``State'' includes such regional or local areas as the State \n health department determines appropriate.\n (b) Incentive for Private Insurers To Provide Timely Payment for \nServices Provided in Accordance With Best Practices.--\n (1) In general.--Notwithstanding any other provision of \n law, in the case where qualifying best practices have been \n approved by a State health department in accordance with \n subsection (a), any health insurer doing business in interstate \n commerce and providing health care coverage within the State \n shall pay all provider charges for any service provided in \n accordance with such best practices not later than 30 days \n after the date on which such service is provided and, absent \n fraud, without regard for the insurer's internal utilization \n review or claims denial procedure.\n (2) Standing to enforce.--Any provider or specialty group \n that does business in a State where the State health department \n has approved qualifying best practices in accordance with \n subsection (a) may bring a civil action in an appropriate \n United States district court to enjoin efforts by any health \n insurer to challenge or delay payment for services provided by \n the provider or a member of the specialty group in accordance \n with such best practices approved in the State. The district \n court shall award a provider or specialty group costs and \n attorney's fees in such a civil action if the court finds that \n the challenge or delay was a willful violation of this Act.\n\nSEC. 4. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING \n BEST PRACTICES UNDER THE MEDICARE PROGRAM.\n\n (a) Differential Rates of Payment for Qualifying Best Practices.--\nTitle XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is \namended by adding at the end the following new section:\n\n ``differential rates of payment for qualifying best practices\n\n ``Sec. 1898. (a) In General.--\n ``(1) Differential rates of payment.--Notwithstanding any \n other provision of law, the Secretary shall establish \n procedures to provide differential rates of payment for items \n and services covered under the program under this title that \n favor treatment provided consistent with qualifying best \n practices approved by a State in accordance with section 3(a) \n of the Improved Medical Decision Incentive Act of 2007.\n ``(2) Regulations.--Not later than March 31, 2008, the \n Secretary shall promulgate regulations to carry out this \n subsection.\n ``(3) Budget neutrality.--The Secretary shall ensure that \n the procedures established under paragraph (1) do not result in \n overall expenditures for any year under this title that are \n more than the expenditures which would have been made if such \n procedures had not been established, taking into account--\n ``(A) any savings anticipated as a result of the \n application of best practices to items and services \n covered under the program under this title; and\n ``(B) the net effects of reimbursement increases \n and decreases as a result of the differential in rates \n of payment established under such program.\n ``(b) Adoption of National Best Practices.--\n ``(1) In general.--Such procedures shall specify that, in \n any case where the Secretary finds a national standard for best \n practices to be appropriate, the Secretary may adopt national \n best practices. Subject to paragraph (2), such national best \n practices shall be applicable within a State as a qualifying \n best practice in accordance with section 3(a) of the Improved \n Medical Decision Incentive Act of 2007 and the basis for the \n establishment of differential rates of payment under the \n program under this title.\n ``(2) Limitation.--In any case where the State health \n department has approved qualifying best practices in the State \n for a condition, illness, or procedure in accordance with such \n section 3(a), national best practices adopted under paragraph \n (1) shall only be applicable within such State as a qualifying \n best practice and the basis for the establishment of such \n differential rates of payment if the Secretary finds, after a \n hearing in the State that meets the procedural requirements \n under paragraph (2) of such section 3(a), that the national \n best practices will improve health care outcomes and lower \n health care costs in the State to a greater extent than the \n qualifying best practices approved by the State health \n department for that condition, illness, or procedure in \n accordance with such section 3(a).''.\n (b) Effective Date.--The amendment made by this section shall apply \nto items and services furnished on or after March 31, 2008.\n\nSEC. 5. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING \n BEST PRACTICES UNDER THE MEDICAID PROGRAM.\n\n (a) State Plan Amendment.--Section 1902(a) of the Social Security \nAct (42 U.S.C. 1396a(a)) is amended--\n (1) in paragraph (69), by striking ``and'' at the end;\n (2) in paragraph (70)(B)(iv), by striking the period at the \n end and inserting ``; and''; and\n (3) by inserting after paragraph (70)(B)(iv) the following \n new paragraph:\n ``(71) provide, in accordance with procedures established \n by the Secretary under subsection (dd) and after consultation \n with and upon the recommendation of the State health department \n (and the approval of the Secretary), for differential rates of \n payment for medical assistance under the plan that favor \n treatment provided consistent with qualifying best practices \n approved by the State health department in accordance with \n section 3(a) of the Improved Medical Decision Incentive Act of \n 2007, except that in establishing such payment rates, the State \n shall ensure that the amounts paid under such rates do not \n exceed the amount the State would have paid for such medical \n assistance under the plan if such differential rates of payment \n had not been made, taking into account any annual increases in \n population and inflation.''.\n (b) Establishment of Procedures.--Section 1902 of the Social \nSecurity Act (42 U.S.C. 1396a) is amended by adding at the end the \nfollowing new subsection:\n ``(dd) Differential Rates of Payment for Qualifying Best Practices \nand Adoption of National Best Practices.--\n ``(1) Differential rates of payment for qualifying best \n practices.--\n ``(A) In general.--Notwithstanding any other \n provision of law, the Secretary shall establish \n procedures to provide differential rates of payment for \n medical assistance provided consistent with qualifying \n best practices approved by a State in accordance with \n section 3(a) of the Improved Medical Decision Incentive \n Act of 2007.\n ``(B) Regulations.--Not later than March 31, 2008, \n the Secretary shall promulgate regulations to carry out \n this subsection.\n ``(C) Budget neutrality.--The Secretary shall \n ensure that the procedures established under \n subparagraph (A) do not result in overall expenditures \n for any year under a State plan that are more than the \n expenditures which would have been made if such \n procedures had not been established, taking into \n account--\n ``(i) any savings anticipated as a result \n of the application of best practices to medical \n assistance provided under the State plan; and\n ``(ii) the net effects of reimbursement \n increases and decreases as a result of the \n differential rates of payment established under \n such plan.\n ``(2) Adoption of national best practices.--Such procedures \n shall specify that, in any case where the Secretary adopts \n national best practices in accordance with section 1898(b), \n subject to the limitation under paragraph (2) of such section, \n such national best practices shall be--\n ``(A) applicable within a State as a qualifying \n best practice in accordance with section 3(a) of the \n Improved Medical Decision Incentive Act of 2007; and\n ``(B) the basis for the establishment of \n differential rates of payment under the State plan.''.\n (c) Effective Date.--\n (1) In general.--Except as provided in paragraph (2), the \n amendments made by this section shall apply to medical \n assistance furnished on or after March 31, 2008.\n (2) Extension of effective date for state law amendment.--\n In the case of a State plan under title XIX of the Social \n Security Act (42 U.S.C. 1396 et seq.) which the Secretary of \n Health and Human Services determines requires State legislation \n in order for the plan to meet the additional requirements \n imposed by the amendments made by this section, the State plan \n shall not be regarded as failing to comply with the \n requirements of such title solely on the basis of its failure \n to meet these additional requirements before the first day of \n the first calendar quarter beginning after the close of the \n first regular session of the State legislature that begins \n after the date of enactment of this Act. For purposes of the \n previous sentence, in the case of a State that has a 2-year \n legislative session, each year of the session is considered to \n be a separate regular session of the State legislature.\n\nSEC. 6. OVERSIGHT BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES.\n\n (a) Review and Report.--\n (1) Review.--\n (A) In general.--The Secretary shall conduct an \n annual review of the efficacy of all qualifying best \n practices approved pursuant to section 3(a) and, if \n applicable, any national best practices adopted \n pursuant to section 1898(b) of the Social Security Act, \n as added by section 4(a).\n (B) Considerations.--The review conducted under \n subparagraph (A) shall consider--\n (i) the effect of such best practices with \n respect to improving outcomes and lowering the \n cost of care; and\n (ii) the effect and efficacy of \n differential rates of payment under the \n Medicare and Medicaid programs under titles \n XVIII and XIX, respectively, of the Social \n Security Act (42 U.S.C. 1395 et seq.; 1396 et \n seq.) under procedures established pursuant to \n the amendments made by sections 4 and 5.\n (2) Report.--The Secretary shall submit an annual report to \n Congress containing the results of the review conducted under \n paragraph (1)(A), together with recommendations for such \n legislation and administrative actions as the Secretary \n determines appropriate.\n (b) Annual Conference.--The Secretary shall host an annual \nconference of all State health directors, and any State medical \nsocieties and medical specialty groups that have filed best practices \nfor approval with a State health department in accordance with \nsubparagraph (A) of section 3(a)(2) and any health insurers and \nadvocacy groups that have participated in any administrative proceeding \nto approve best practices in accordance with subparagraphs (C) and (D), \nrespectively, of such section, to provide--\n (1) for the exchange of information; and\n (2) an opportunity to summarize the effects on health care \n costs, quality, and outcomes of qualifying best practices \n approved in accordance with section 3(a) prior to the date on \n which the conference is held.\n (c) Authorization.--There are authorized to be appropriated such \nsums as may be necessary for the purpose of carrying out this section.\n (d) Definition of Secretary.--In this section, the term \n``Secretary'' means the Secretary of Health and Human Services, acting \nthrough the Administrator of the Centers for Medicare & Medicaid \nServices.","summary":"Improved Medical Decision Incentive Act of 2007 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act. Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure. Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices. Authorizes any such provider or specialty group to bring a civil action in an appropriate US district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services that favor treatment consistent with qualifying best practices under the Medicare and Medicaid programs. Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act. Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices.","title":"A bill to provide for the voluntary development by States of qualifying best practices for health care and to encourage such voluntary development by amending titles XVIII and XIX of the Social Security Act to provide differential rates of payment favoring treatment provided consistent with qualifying best practices under the Medicare and Medicaid programs, and for other purposes.","text_len":18697,"sum_len":2147} {"bill_id":"114_hr639","text":"SECTION 1. SHORT TITLE.\n This Act may be cited as the ``Improving Regulatory Transparency \nfor New Medical Therapies Act''.\nSEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS.\n (a) Effective Date of Approval.--\n (1) Effective date of drug approval.--Section 505 of the \n Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by \n adding at the end the following:\n ``(x) Date of Approval in the Case of Recommended Controls Under \nthe CSA.--\n ``(1) In general.--In the case of an application under \n subsection (b) with respect to a drug for which the Secretary \n provides notice to the sponsor that the Secretary intends to issue \n a scientific and medical evaluation and recommend controls under \n the Controlled Substances Act, approval of such application shall \n not take effect until the interim final rule controlling the drug \n is issued in accordance with section 201(j) of the Controlled \n Substances Act.\n ``(2) Date of approval.--For purposes of this section, with \n respect to an application described in paragraph (1), the term \n `date of approval' shall mean the later of--\n ``(A) the date an application under subsection (b) is \n approved under subsection (c); or\n ``(B) the date of issuance of the interim final rule \n controlling the drug.''.\n (2) Effective date of approval of biological products.--Section \n 351 of the Public Health Service Act (42 U.S.C. 262) is amended by \n adding at the end the following:\n ``(n) Date of Approval in the Case of Recommended Controls Under \nthe CSA.--\n ``(1) In general.--In the case of an application under \n subsection (a) with respect to a biological product for which the \n Secretary provides notice to the sponsor that the Secretary intends \n to issue a scientific and medical evaluation and recommend controls \n under the Controlled Substances Act, approval of such application \n shall not take effect until the interim final rule controlling the \n biological product is issued in accordance with section 201(j) of \n the Controlled Substances Act.\n ``(2) Date of approval.--For purposes of this section, with \n respect to an application described in paragraph (1), references to \n the date of approval of such application, or licensure of the \n product subject to such application, shall mean the later of--\n ``(A) the date an application is approved under subsection \n (a); or\n ``(B) the date of issuance of the interim final rule \n controlling the biological product.''.\n (3) Effective date of approval of animal drugs.--\n (A) In general.--Section 512 of the Federal Food, Drug, and \n Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end \n the following:\n ``(q) Date of Approval in the Case of Recommended Controls Under \nthe CSA.--\n ``(1) In general.--In the case of an application under \n subsection (b) with respect to a drug for which the Secretary \n provides notice to the sponsor that the Secretary intends to issue \n a scientific and medical evaluation and recommend controls under \n the Controlled Substances Act, approval of such application shall \n not take effect until the interim final rule controlling the drug \n is issued in accordance with section 201(j) of the Controlled \n Substances Act.\n ``(2) Date of approval.--For purposes of this section, with \n respect to an application described in paragraph (1), the term \n `date of approval' shall mean the later of--\n ``(A) the date an application under subsection (b) is \n approved under subsection (c); or\n ``(B) the date of issuance of the interim final rule \n controlling the drug.''.\n (B) Conditional approval.--Section 571(d) of the Federal \n Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended \n by adding at the end the following:\n ``(4)(A) In the case of an application under subsection (a) \n with respect to a drug for which the Secretary provides notice to \n the sponsor that the Secretary intends to issue a scientific and \n medical evaluation and recommend controls under the Controlled \n Substances Act, conditional approval of such application shall not \n take effect until the interim final rule controlling the drug is \n issued in accordance with section 201(j) of the Controlled \n Substances Act.\n ``(B) For purposes of this section, with respect to an \n application described in subparagraph (A), the term `date of \n approval' shall mean the later of--\n ``(i) the date an application under subsection (a) is \n conditionally approved under subsection (b); or\n ``(ii) the date of issuance of the interim final rule \n controlling the drug.''.\n (C) Indexing of legally marketed unapproved new animal \n drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act \n (21 U.S.C. 360ccc-1) is amended by adding at the end the \n following:\n ``(k) In the case of a request under subsection (d) to add a drug \nto the index under subsection (a) with respect to a drug for which the \nSecretary provides notice to the person filing the request that the \nSecretary intends to issue a scientific and medical evaluation and \nrecommend controls under the Controlled Substances Act, a determination \nto grant the request to add such drug to the index shall not take \neffect until the interim final rule controlling the drug is issued in \naccordance with section 201(j) of the Controlled Substances Act.''.\n (4) Date of approval for designated new animal drugs.--Section \n 573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n 360ccc-2(c)) is amended by adding at the end the following:\n ``(3) For purposes of determining the 7-year period of \n exclusivity under paragraph (1) for a drug for which the Secretary \n intends to issue a scientific and medical evaluation and recommend \n controls under the Controlled Substances Act, the drug shall not be \n considered approved or conditionally approved until the date that \n the interim final rule controlling the drug is issued in accordance \n with section 201(j) of the Controlled Substances Act.''.\n (b) Scheduling of Newly Approved Drugs.--Section 201 of the \nControlled Substances Act (21 U.S.C. 811) is amended by inserting after \nsubsection (i) the following:\n ``(j)(1) With respect to a drug referred to in subsection (f), if \nthe Secretary of Health and Human Services recommends that the Attorney \nGeneral control the drug in schedule II, III, IV, or V pursuant to \nsubsections (a) and (b), the Attorney General shall, not later than 90 \ndays after the date described in paragraph (2), issue an interim final \nrule controlling the drug in accordance with such subsections and \nsection 202(b) using the procedures described in paragraph (3).\n ``(2) The date described in this paragraph shall be the later of--\n ``(A) the date on which the Attorney General receives the \n scientific and medical evaluation and the scheduling recommendation \n from the Secretary of Health and Human Services in accordance with \n subsection (b); or\n ``(B) the date on which the Attorney General receives \n notification from the Secretary of Health and Human Services that \n the Secretary has approved an application under section 505(c), \n 512, or 571 of the Federal Food, Drug, and Cosmetic Act or section \n 351(a) of the Public Health Service Act, or indexed a drug under \n section 572 of the Federal Food, Drug, and Cosmetic Act, with \n respect to the drug described in paragraph (1).\n ``(3) A rule issued by the Attorney General under paragraph (1) \nshall become immediately effective as an interim final rule without \nrequiring the Attorney General to demonstrate good cause therefor. The \ninterim final rule shall give interested persons the opportunity to \ncomment and to request a hearing. After the conclusion of such \nproceedings, the Attorney General shall issue a final rule in \naccordance with the scheduling criteria of subsections (b), (c), and \n(d) of this section and section 202(b).''.\n (c) Extension of Patent Term.--Section 156 of title 35, United \nStates Code, is amended--\n (1) in subsection (d)(1), in the matter preceding subparagraph \n (A), by inserting ``, or in the case of a drug product described in \n subsection (i), within the sixty-day period beginning on the \n covered date (as defined in subsection (i))'' after ``marketing or \n use''; and\n (2) by adding at the end the following:\n ``(i)(1) For purposes of this section, if the Secretary of Health \nand Human Services provides notice to the sponsor of an application or \nrequest for approval, conditional approval, or indexing of a drug \nproduct for which the Secretary intends to recommend controls under the \nControlled Substances Act, beginning on the covered date, the drug \nproduct shall be considered to--\n ``(A) have been approved or indexed under the relevant \n provision of the Public Health Service Act or Federal Food, Drug, \n and Cosmetic Act; and\n ``(B) have permission for commercial marketing or use.\n ``(2) In this subsection, the term `covered date' means the later \nof--\n ``(A) the date an application is approved--\n ``(i) under section 351(a)(2)(C) of the Public Health \n Service Act; or\n ``(ii) under section 505(b) or 512(c) of the Federal Food, \n Drug, and Cosmetic Act;\n ``(B) the date an application is conditionally approved under \n section 571(b) of the Federal Food, Drug, and Cosmetic Act;\n ``(C) the date a request for indexing is granted under section \n 572(d) of the Federal Food, Drug, and Cosmetic Act; or\n ``(D) the date of issuance of the interim final rule \n controlling the drug under section 201(j) of the Controlled \n Substances Act.''.\nSEC. 3. ENHANCING NEW DRUG DEVELOPMENT.\n Section 303 of the Controlled Substances Act (21 U.S.C. 823) is \namended by adding at the end the following:\n ``(i)(1) For purposes of registration to manufacture a controlled \nsubstance under subsection (d) for use only in a clinical trial, the \nAttorney General shall register the applicant, or serve an order to \nshow cause upon the applicant in accordance with section 304(c), not \nlater than 180 days after the date on which the application is accepted \nfor filing.\n ``(2) For purposes of registration to manufacture a controlled \nsubstance under subsection (a) for use only in a clinical trial, the \nAttorney General shall, in accordance with the regulations issued by \nthe Attorney General, issue a notice of application not later than 90 \ndays after the application is accepted for filing. Not later than 90 \ndays after the date on which the period for comment pursuant to such \nnotice ends, the Attorney General shall register the applicant, or \nserve an order to show cause upon the applicant in accordance with \nsection 304(c), unless the Attorney General has granted a hearing on \nthe application under section 1008(i) of the Controlled Substances \nImport and Export Act.''.\nSEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA.\n Section 1003 of the Controlled Substances Import and Export Act (21 \nU.S.C. 953) is amended--\n (1) in subsection (f)--\n (A) in paragraph (5)--\n (i) by striking ``(5)'' and inserting ``(5)(A)'';\n (ii) by inserting ``, except that the controlled \n substance may be exported from a second country that is a \n member of the European Economic Area to another country \n that is a member of the European Economic Area, provided \n that the first country is also a member of the European \n Economic Area'' before the period at the end; and\n (iii) by adding at the end the following:\n ``(B) Subsequent to any re-exportation described in \n subparagraph (A), a controlled substance may continue to be \n exported from any country that is a member of the European Economic \n Area to any other such country, if--\n ``(i) the conditions applicable with respect to the first \n country under paragraphs (1), (2), (3), (4), (6), and (7) are \n met by each subsequent country from which the controlled \n substance is exported pursuant to this paragraph; and\n ``(ii) the conditions applicable with respect to the second \n country under paragraphs (1), (2), (3), (4), (6), and (7) are \n met by each subsequent country to which the controlled \n substance is exported pursuant to this paragraph.''; and\n (B) in paragraph (6)--\n (i) by striking ``(6)'' and inserting ``(6)(A)''; and\n (ii) by adding at the end the following:\n ``(B) In the case of re-exportation among members of the \n European Economic Area, within 30 days after each re-exportation, \n the person who exported the controlled substance from the United \n States delivers to the Attorney General--\n ``(i) documentation certifying that such re-exportation has \n occurred; and\n ``(ii) information concerning the consignee, country, and \n product.''; and\n (2) by adding at the end the following:\n ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection \n(f) in the case of any controlled substance in schedule I or II or any \nnarcotic drug in schedule III or IV, the Attorney General shall not \npromulgate nor enforce any regulation, subregulatory guidance, or \nenforcement policy which impedes re-exportation of any controlled \nsubstance among European Economic Area countries, including by \npromulgating or enforcing any requirement that--\n ``(1) re-exportation from the first country to the second \n country or re-exportation from the second country to another \n country occur within a specified period of time; or\n ``(2) information concerning the consignee, country, and \n product be provided prior to exportation of the controlled \n substance from the United States or prior to each re-exportation \n among members of the European Economic Area.''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area.","title":"Improving Regulatory Transparency for New Medical Therapies Act","text_len":14700,"sum_len":1507} {"bill_id":"111_hr6305","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preventing Affinity Scams for \nSeniors Act of 2010'' or the ``PASS Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) Financial exploitation of the elderly is becoming an \n increasingly familiar problem. Regular review of news headlines \n reveals that elders and vulnerable adults are victimized \n routinely by frauds and scams at the hands of strangers as well \n as loved ones.\n (2) Older individuals may be targeted merely because they \n possess more assets, such as savings, annuities, and retirement \n accounts, stocks and bonds, insurance policies, and property \n than younger people. People over 50 years of age control at \n least 70 percent of the net worth of the nation's households.\n (3) Those elders with cognitive impairments, mental health \n conditions, or physical disabilities may be dependent upon \n others (family members, friends, formal and informal \n caregivers, or court-appointed representatives) for assistance \n in making financial decisions or carrying out daily \n transactions, and therefore may be even more vulnerable to \n theft, exploitation, or undue influence.\n (4) Affinity scams on seniors involve transactions in which \n a person trusted by the senior uses the relationship to defraud \n the senior. Millions of elderly are scammed each year, losing \n at least 2,600,000,000 a year to thieves, many of whom are in \n their own families (conservative estimate given of the schemes \n left unreported).\n (5) Elder financial abuse is commonly linked with other \n forms of abuse and neglect and threatens the health, dignity, \n and economic security of millions of older Americans. Elder \n financial abuse has received limited attention because it is \n not regarded as visible, life-threatening, or newsworthy as is \n the physical or sexual abuse of elders.\n (6) Financial exploitation can be devastating to the victim \n and is often traced to family members, trusted friends, or \n caregivers. Financial abuse often occurs with the implied \n acknowledgment and consent of the elder person and can be more \n difficult to detect.\n (7) Elder financial abuse affects elders and their families \n in significant and long-lasting ways by putting enormous \n emotional duress on the elders, increasing their risk of \n depression, decreasing their quality of life, and increasing \n unnecessary institutionalization.\n (8) The financial services industry is often the first to \n detect a change in the pattern of customers with whom they have \n regular contact. This puts institutions in a unique position to \n assist in protecting customers and upholding the inherent trust \n relationship with clients.\n\nSEC. 3. DEFINITIONS.\n\n For purposes of this Act:\n (1) Affinity scam.--The term ``affinity scam'' means a \n transaction in which a person trusted by a senior, such as a \n caregiver, relative, guardian, ``new friend'', or service \n provider, claims to share similar interests or values with the \n senior, establishes a relationship with the senior (either on \n the person's own initiative or through some other method, such \n as a court-appointed guardianship), and then uses the \n relationship to defraud the senior.\n (2) Financial institution.--The term ``financial \n institution'' means--\n (A) an insured bank (as defined in section 3(h) of \n the Federal Deposit Insurance Act (12 U.S.C. 1813(h));\n (B) a credit union; and\n (C) a thrift institution.\n (3) Senior.--The term ``senior'' means an individual who is \n at least 65 years of age.\n\nSEC. 4. AFFINITY SCAM EDUCATION AND TRAINING.\n\n (a) Staff Education and Training.--Each financial institution \nshall--\n (1) educate the staff of the financial institution about \n affinity scams and how to identify transactions that may be \n part of an affinity scam; and\n (2) train staff members on educating seniors about affinity \n scams.\n (b) Senior Customer Education.--Each financial institution shall \nprovide educational materials and other information to seniors who \nmaintain a deposit account with the financial institution about \naffinity scams and how to identify transactions that may be part of an \naffinity scam.\n (c) Education and Training Oversight.--The Bureau of Consumer \nFinancial Protection shall--\n (1) issue such regulations as are necessary to carry out \n this section; and\n (2) periodically audit financial institutions to ensure \n compliance with such regulations.\n\nSEC. 5. SENIOR PROTECTION ACCOUNTS.\n\n (a) In General.--Each financial institution shall offers seniors a \ntype of checking account to be known as a ``senior protection \naccount''.\n (b) Senior Protection Account Requirements.--\n (1) In general.--With respect to a senior who maintains a \n senior protection account with a financial institution, if the \n financial institution receives a transaction request to debit \n such account and, before processing the transaction, the \n financial institution identifies the transaction as possibly \n being part of an affinity scam, the financial institution \n shall--\n (A) not process the transaction; and\n (B) initiate an investigation in order to determine \n if such transaction is part of an affinity scam or is \n legitimate.\n (2) Investigation.--With respect to a transaction that is \n the basis of an investigation described under paragraph (1)(B), \n a financial institution shall--\n (A) notify the senior whose account the transaction \n would debit, if processed, that the financial \n institution--\n (i) has identified the transaction as \n possibly being part of an affinity scam; and\n (ii) has not yet processed the transaction, \n pending the result of an investigation;\n (B) if the financial institution determines that \n the transaction is part of an affinity scam--\n (i) notify the senior of such \n determination;\n (ii) refer such transaction to the \n appropriate law enforcement agency; and\n (iii) report such transaction to the Bureau \n of Consumer Financial Protection; and\n (C) if the financial institution does not determine \n that the transaction is part of an affinity scam--\n (i) notify the senior of such \n determination; and\n (ii) process such transaction not later \n than 7 business days from the date on which the \n investigation was started, unless instructed \n otherwise by the senior.\n (3) Designation of staff person.--Each financial \n institution shall designate a single staff person who shall be \n notified whenever a staff person identifies a transaction that \n is possibly part of an affinity scam.\n (4) Liability.--A financial institution that fails to \n process a transaction or that refers a transaction to law \n enforcement pursuant to the requirements of this subsection \n shall not be liable to any person under any law or regulation \n of the United States, any constitution, law, or regulation of \n any State or political subdivision of any State, or under any \n contract or other legally enforceable agreement (including any \n arbitration agreement), for such failure or referral.\n (c) Rulemaking.--The Secretary of the Treasury shall issue such \nregulations as are necessary to carry out this section.\n (d) Tax Deduction.--\n (1) In general.--The Secretary of the Treasury shall by \n regulation establish a deduction to be allowed in computing the \n taxable income of financial institutions for purposes of the \n Internal Revenue Code of 1986.\n (2) Amount of deduction.--Such deduction with respect to \n any financial institution for a taxable year shall be an amount \n equal to 0.77 percent of the average of the amount of deposits \n held by such financial institution in senior protection \n accounts for each day during such taxable year.\n (e) Civil Liability.--Any financial institution that fails to \ncomply with any provision of this section with respect to a senior \nshall be liable to such senior in an amount equal to the sum of the \nfollowing:\n (1) Actual damages.--The amount of any actual damage \n sustained by the senior as a result of such failure.\n (2) Attorneys' fees.--In the case of any successful action \n to enforce any liability under paragraph (1), the costs of the \n action, together with reasonable attorneys' fees.\n (f) Nondiscrimination.--A financial institution may not \ndiscriminate against seniors in any fees or other charges required by \nthe financial institution in order to cover the cost to the financial \ninstitution of implementing the requirements of this Act.\n\nSEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS \n TRANSACTION REPORTING REQUIREMENT.\n\n Section 5318(g)(1) of title 31, United States Code, is amended--\n (1) by striking ``The Secretary'' and inserting the \n following:\n ``(A) Possible violation of law or regulation.--The \n Secretary''; and\n (2) by adding at the end the following new subparagraph:\n ``(B) Possible affinity scam targeting seniors.--\n ``(i) In general.--The Secretary shall \n require each financial institution, and each \n director, officer, employee, or agent of such \n financial institution, to report any suspicious \n transaction relevant to a possible affinity \n scam.\n ``(ii) Definitions.--For purposes of this \n subparagraph:\n ``(I) Affinity scam.--The term \n `affinity scam' means a transaction in \n which a person trusted by a senior, \n such as a caregiver, relative, \n guardian, `new friend', or service \n provider, claims to share similar \n interests or values with the senior, \n establishes a relationship with the \n senior (either on the person's own \n initiative or through some other \n method, such as a court-appointed \n guardianship), and then uses the \n relationship to defraud the senior.\n ``(II) Senior.--The term `senior' \n means an individual who is at least 65 \n years of age.''.\n\nSEC. 7. EFFECTIVE DATE.\n\n This Act, and the amendments made by this Act, shall take effect \nafter the end of the 6-month period beginning on the date of the \nenactment of this Act.","summary":"Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines affinity scam as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, new friend, or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam, (2) train staff members on educating seniors about affinity scams. (3) provide senior depositors with educational materials on how to identify affinity scams. And (4) offer seniors a senior protection (checking) account. Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations. And (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77 of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.","title":"To require financial institutions to offer services to protect seniors from affinity scams, to report suspected affinity scams, and for other purposes.","text_len":12162,"sum_len":1643} {"bill_id":"114_s893","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Energy Productivity Innovation \nChallenge Act of 2015'' or the ``EPIC Act of 2015''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to assist energy policy innovation in \nthe States to promote the goal of doubling electric and thermal energy \nproductivity by January 1, 2030.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Energy productivity.--The term ``energy productivity'' \n means, in the case of a State or Indian tribe, the gross State \n or tribal product per British thermal unit of energy consumed \n in the State or tribal land of the Indian tribe, respectively.\n (2) Indian tribe.--The term ``Indian tribe'' has the \n meaning given the term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (3) State.--The term ``State'' has the meaning given the \n term in section 3 of the Energy Policy and Conservation Act (42 \n U.S.C. 6202).\n\nSEC. 4. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary shall issue an invitation to States to \nsubmit plans to participate in an electric and thermal energy \nproductivity challenge in accordance with this section.\n (b) Grants.--\n (1) In general.--Subject to section 7, the Secretary shall \n use funds made available under section 8(b)(1) to provide an \n initial allocation of grants to not more than 25 States.\n (2) Amount.--The amount of a grant provided to a State \n under this section shall be not less than $500,000 nor more \n than $1,750,000.\n (c) Submission of Plans.--To receive a grant under this section, \nnot later than 90 days after the date of issuance of the invitation \nunder subsection (a), a State (in consultation with energy utilities, \nregulatory bodies, and others) shall submit to the Secretary an \napplication to receive the grant by submitting a revised State energy \nconservation plan under section 362 of the Energy Policy and \nConservation Act (42 U.S.C. 6322).\n (d) Decision by Secretary.--\n (1) Basis.--The Secretary shall base the decision of the \n Secretary on an application submitted under this section on--\n (A) plans for improvement in electric and thermal \n energy productivity consistent with this Act; and\n (B) other factors determined appropriate by the \n Secretary, including geographic diversity.\n (2) Ranking.--The Secretary shall--\n (A) rank revised plans submitted under this section \n in order of the greatest to least likely contribution \n to improving energy productivity in the State; and\n (B) provide grants under this section in accordance \n with the ranking and the scale and scope of a plan.\n (e) Plan Requirements.--A plan submitted under subsection (c) shall \nprovide--\n (1) a description of the manner in which--\n (A) energy savings will be monitored and verified \n and energy productivity improvements will be calculated \n using inflation-adjusted dollars;\n (B) a statewide baseline of energy use and \n potential resources for calendar year 2010 will be \n established to measure improvements;\n (C) the plan will promote achievement of energy \n savings and demand reduction goals;\n (D) public and private sector investments in energy \n efficiency will be leveraged with available Federal \n funding; and\n (E) the plan will not cause cost-shifting among \n utility customer classes or negatively impact low-\n income populations; and\n (2) an assurance that--\n (A) the State energy office required to submit the \n plan, the energy utilities in the State participating \n in the plan, and the State public service commission \n are cooperating and coordinating programs and \n activities under this Act;\n (B) the State is cooperating with local units of \n government, Indian tribes, and energy utilities to \n expand programs as appropriate; and\n (C) grants provided under this Act will be used to \n supplement and not supplant Federal, State, or \n ratepayer-funded programs or activities in existence on \n the date of enactment of this Act.\n (f) Uses.--A State may use grants provided under this section to \npromote--\n (1) the expansion of policies and programs that will \n advance industrial energy efficiency, waste heat recovery, \n combined heat and power, and waste heat-to-power utilization;\n (2) the expansion of policies and programs that will \n advance energy efficiency construction and retrofits for public \n and private commercial buildings (including schools, hospitals, \n and residential buildings, including multifamily buildings) \n such as through expanded energy service performance contracts, \n equivalent utility energy service contracts, zero net-energy \n buildings, and improved building energy efficiency codes;\n (3) the expansion of residential policies and programs \n designed to implement best practice policies and tools for \n residential retrofit programs that--\n (A) reduce administrative and delivery costs for \n energy efficiency projects;\n (B) encourage streamlining and automation to \n support contractor engagement; and\n (C) implement systems that encourage private \n investment and market innovation;\n (4) the establishment or expansion of incentives in the \n electric utility sector to enhance demand response and energy \n efficiency, including consideration of additional incentives to \n promote the purposes of section 111(d) of the Public Utility \n Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as \n appropriate, cost-effective policies regarding rate structures, \n grid improvements, behavior change, combined heat and power and \n waste heat-to-power incentives, financing of energy efficiency \n programs, data use incentives, district heating, and regular \n energy audits; and\n (5) leadership by example, in which State activities \n involving both facilities and vehicle fleets can be a model for \n other action to promote energy efficiency and can be expanded \n with Federal grants provided under this Act.\n\nSEC. 5. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.\n\n (a) Reports.--Not later than 18 months after the receipt of grants \nunder section 4, each State (in consultation with other parties \ndescribed in subsection (b)(3)(F)) that received grants under section 4 \nmay submit to the Secretary a report that describes--\n (1) the performance of the programs and activities carried \n out with the grants; and\n (2) in consultation with other parties described in \n subsection (b)(3)(F), the manner in which additional funds \n would be used to carry out programs and activities to promote \n the purposes of this Act.\n (b) Grants.--\n (1) In general.--Not later than 180 days after the date of \n the receipt of the reports required under subsection (a), \n subject to section 7, the Secretary shall use amounts made \n available under section 8(b)(2) to provide grants to not more \n than 6 States to carry out the programs and activities \n described in subsection (a)(2).\n (2) Amount.--The amount of a grant provided to a State \n under this section shall be not more than $15,000,000.\n (3) Basis.--The Secretary shall base the decision of the \n Secretary to provide grants under this section on--\n (A) the performance of the State in the programs \n and activities carried out with grants provided under \n section 4;\n (B) the potential of the programs and activities \n described in subsection (a)(2) to achieve the purposes \n of this Act;\n (C) the desirability of maintaining a total project \n portfolio that is geographically and functionally \n diverse;\n (D) the amount of non-Federal funds that are \n leveraged as a result of the grants to ensure that \n Federal dollars are leveraged effectively;\n (E) plans for continuation of the improvements \n after the receipt of grants under this Act; and\n (F) demonstrated effort by the State to involve \n diverse groups, including--\n (i) investor-owned, cooperative, and public \n power utilities;\n (ii) local governments; and\n (iii) nonprofit organizations.\n\nSEC. 6. ALLOCATION OF GRANTS TO INDIAN TRIBES.\n\n (a) In General.--Not later than 30 days after the date of enactment \nof this Act, the Secretary shall invite Indian tribes to submit plans \nto participate in an electric and thermal energy productivity challenge \nin accordance with this section.\n (b) Submission of Plans.--To receive a grant under this section, \nnot later than 90 days after the date of issuance of the invitation \nunder subsection (a), an Indian tribe shall submit to the Secretary a \nplan to increase electric and thermal energy productivity by the Indian \ntribe.\n (c) Decision by Secretary.--\n (1) In general.--Not later than 90 days after the \n submission of plans under subsection (b), the Secretary shall \n make a final decision on the allocation of grants under this \n section.\n (2) Basis.--The Secretary shall base the decision of the \n Secretary under paragraph (1) on--\n (A) plans for improvement in electric and thermal \n energy productivity consistent with this Act;\n (B) plans for continuation of the improvements \n after the receipt of grants under this Act; and\n (C) other factors determined appropriate by the \n Secretary, including--\n (i) geographic diversity; and\n (ii) size differences among Indian tribes.\n (3) Limitation.--An individual Indian tribe shall not \n receive more than 20 percent of the total amount available to \n carry out this section.\n\nSEC. 7. ADMINISTRATION.\n\n (a) Independent Evaluation.--To evaluate program performance and \neffectiveness under this Act, the Secretary shall consult with the \nNational Research Council regarding requirements for data and \nevaluation for recipients of grants under this Act.\n (b) Coordination With State Energy Conservation Programs.--\n (1) In general.--Grants to States under this Act shall be \n provided through additional funding to carry out State energy \n conservation programs under part D of title III of the Energy \n Policy and Conservation Act (42 U.S.C. 6321 et seq.).\n (2) Relationship to state energy conservation programs.--\n (A) In general.--A grant provided to a State under \n this Act shall be used to supplement (and not supplant) \n funds provided to the State under part D of title III \n of the Energy Policy and Conservation Act (42 U.S.C. \n 6321 et seq.).\n (B) Minimum funding.--A grant shall not be provided \n to a State for a fiscal year under this Act if the \n amount of funding provided to all State grantees under \n the base formula for the fiscal year under part D of \n title III of the Energy Policy and Conservation Act (42 \n U.S.C. 6321 et seq.) is less than $50,000,000.\n (c) Voluntary Participation.--The participation of a State in a \nchallenge established under this Act shall be voluntary.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There is authorized to be appropriated to carry \nout this Act $100,000,000 for the period of fiscal years 2016 and 2017.\n (b) Allocation.--Of the total amount of funds made available under \nsubsection (a)--\n (1) 30 percent shall be used to provide an initial \n allocation of grants to States under section 4;\n (2) 61 percent shall be used to provide a subsequent \n allocation of grants to States under section 5;\n (3) 4 percent shall be used to make grants to Indian tribes \n under section 6; and\n (4) 5 percent shall be available to the Secretary for the \n cost of administration and technical support to carry out this \n Act.\n\nSEC. 9. OFFSET.\n\n Section 422(f) of the Energy Independence and Security Act of 2007 \n(42 U.S.C. 17082(f)) is amended--\n (1) in paragraph (3), by striking ``and'' after the \n semicolon at the end; and\n (2) by striking paragraph (4) and inserting the following:\n ``(4) $200,000,000 for each of fiscal years 2013 through \n 2015;\n ``(5) $150,000,000 for each of fiscal years 2016 and 2017; \n and\n ``(6) $200,000,000 for fiscal year 2018.''.","summary":"Energy Productivity Innovation Challenge Act of 2015 or the EPIC Act of 2015 This bill requires the Department of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program for providing support to states for: advancing industrial energy efficiency, waste heat recovery, combined heat and power, and waste heat-to-power utilization. Advancing energy efficiency construction and retrofits for commercial buildings, schools, hospitals, and residential buildings. Expanding residential policies and programs designed to implement best practice policies and tools for residential retrofit programs that reduce administrative and delivery costs for energy efficiency projects, encourage streamlining and automation to support contractor engagement, and implement systems that encourage private investment and market innovation. Establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency. And promoting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. DOE must: (1) provide subsequent grants for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030, and (2) invite Indian tribes to participate in the productivity challenge grant program. As an offset to the cost of this bill, the bill amends the Energy Independence and Security Act of 2007 to reduce the authorized amount of appropriations for FY2016-FY2017 for the Zero Net Energy Commercial Buildings Initiative.","title":"EPIC Act of 2015","text_len":14007,"sum_len":1646} {"bill_id":"108_s1939","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Mercury Health Advisory Act of \n2003''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Mercury is a persistent, bioaccumulative heavy metal \n that poses a significant risk to human health, wildlife, and \n the environment.\n (2) Mercury discharges into the atmosphere and surface \n oceans have increased two-to-five fold since the beginning of \n the industrialized period due to human activities.\n (3) Substantial evidence is accumulating that exposure to \n methyl-mercury is widespread in the general public and \n occurring at higher than health-based levels of concern \n according to the Food and Drug Administration, the \n Environmental Protection Agency, and the World Health \n Organization. Fish and seafood caught or sold in the United \n States are contaminated with methyl-mercury, a toxic element \n that may cause neurological damage and other health-related \n problems as a result of fish or seafood consumption.\n (4) According to the 1997 Environmental Protection Agency \n Mercury Report to Congress, mercury levels in the following \n fish, at least occasionally, exceeded the Food and Drug \n Administration's ``action level'' limit of 1 part per million: \n tilefish, king mackerel, shark, swordfish, tuna, lobster, red \n snapper, saltwater and freshwater bass, bluefish, bluegills, \n catfish, crappie, groupers, hake, halibut, northern pike, \n walleye, largemouth bass, pompano, snook, sunfish, and other \n finfish.\n (5) The Food and Drug Administration advises pregnant women \n and women of childbearing age not to eat shark, king mackerel, \n tilefish, and swordfish and to limit consumption of all other \n fish to 12 ounces per week. The Food and Drug Administration \n advises other persons to limit their consumption of shark and \n swordfish to no more than 7 ounces per week.\n (6) The Environmental Protection Agency recommends that \n women who are pregnant or who may become pregnant, nursing \n mothers, and young children limit fish consumption to 6 meals \n per week of cooked fish or an 8-ounce meal per week for \n uncooked fish for adults and 2 meals per week of cooked fish or \n a 3-ounce meal per week of uncooked fish for young children.\n (7) In 2003, 44 States issued health advisories that warned \n the public about consuming mercury-tainted fish, as compared to \n 27 States that issued such advisories in 1993.\n (8) Eleven States warn pregnant women and young children to \n limit consumption of canned tuna, the most consumed fish in the \n United States, to 1 or 2 cans per week and some States warn \n that the ``white'' albacore canned tuna has significantly \n higher mercury levels than the ``light'' tuna, based upon Food \n and Drug Administration testing.\n (9) Data from the National Health and Nutrition Examination \n Survey Centers indicates that 7.8 percent of women of \n childbearing age have blood mercury levels in their bodies \n above what is considered safe for the developing fetus, \n translating into over 300,000 babies born each year in the \n United States at risk of mercury poisoning.\n (10) Between 30 percent and 50 percent of women of \n childbearing age are not aware of the methyl-mercury exposure \n risks from ingestion of mercury-contaminated fish, according to \n the Food and Drug Administration.\n (11) A January 2001 report by the United States General \n Accounting Office (GAO) criticized the Food and Drug \n Administration for not providing guidance to the fishing \n industry to identify and prevent fish contaminated with mercury \n from reaching consumers, even though the Agency's own \ntesting found that, for example, over half of the swordfish exceeded \nits action level of one part per million (ppm).\n (12) Evidence is continuing to emerge linking increased \n risk of coronary heart disease to mercury exposure, as \n presented in at least 2 peer reviewed studies.\n (13) Health advisory information on mercury-contaminated \n fish, which is necessary to protect public health, is not \n widely known by the State or Federal Government. This lack of \n awareness potentially threatens tens of millions of Americans \n who may unknowingly ingest harmful amounts of mercury because \n they are not aware of exposure risks from consumption of \n freshwater fish and seafood.\n (b) Purposes.--The purposes of this Act are to--\n (1) ensure that the public is adequately informed about the \n potential adverse effects of mercury exposure through the \n consumption of fish products;\n (2) require the Secretary of Health and Human Services to \n work cooperatively with other Federal and State agencies, as \n well as nonprofit organizations, to create appropriate \n advisories for the distribution to the public of explanations \n of the potential adverse effects of mercury exposure from fish \n consumption;\n (3) require the Administrator of the Environmental \n Protection Agency to work cooperatively with State fish and \n game officials to create an informative guide for distribution \n to the public about the dangers of the consumption of \n recreationally-caught fish;\n (4) require the Food and Drug Administration to resume its \n seafood methyl-mercury monitoring program to better document \n mercury levels in various fish species sold in commerce;\n (5) require the Secretary of Health and Human Services, in \n cooperation with private and public organizations, to design \n and implement a National Public Education Program regarding the \n presence of methyl-mercury in seafood and fish consumption \n advisories for methyl-mercury; and\n (6) require the Administrator of the Environmental \n Protection Agency to annually prepare a report on the impacts \n of mercury on human health and the environment.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Administrator.--The term ``Administrator'' means the \n Administrator of the Environmental Protection Agency.\n (2) Commissioner.--The term ``Commissioner'' means the \n Commissioner of Food and Drugs.\n (3) Health professional.--The term ``health professional'' \n means any licensed professional in the dental and medical \n profession.\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of Health and Human Services.\n\nSEC. 4. ADVISORY NOTICES.\n\n (a) Consumer Mercury Advisory Notice.--\n (1) In general.--The Administrator and the Commissioner \n shall jointly develop fish consumption advisories for methyl-\n mercury in fish. Such advisories shall be based on the \n Environmental Protection Agency's Reference Dose for--\n (A) the general population;\n (B) sensitive populations; and\n (C) populations consuming above average amounts of \n fish.\n (2) Consumer's notice.--The Secretary, in consultation with \n the Administrator and the heads of State environmental agencies \n and health departments, shall prepare a consumer's mercury \n advisory notice. Such notice shall be distributed widely by the \n Secretary, at no cost, to health professionals, particularly \n medical offices that provide gynecological, obstetrical, or \n pediatric care, and to the extent practicable shall be made \n available and posted in the patient or client areas of all \n maternal and child health and nutrition program offices, and \n shall be made available to health care providers, Federal, \n State, and local government agencies, and the general public \n upon request.\n (3) Criteria.--The advisories developed under this \n subsection shall--\n (A) explain, in an easily understandable manner, \n the dangers of mercury exposure through the consumption \n of mercury contaminated fish to women of childbearing \n age, women who expect to become pregnant, women who are \n pregnant or breast feeding their children, and young \n children and their parents;\n (B) describe, in an easily understandable manner, \n in detail the most current mercury health advisories \n prepared by the Federal Government concerning fish \n consumption, contain the toll free number established \n under paragraph (4), and contain such other information \n as the Secretary determines appropriate; and\n (C) be printed in large type in English, Spanish, \n and other languages determined by the Secretary to be \n culturally and linguistically appropriate.\n (4) Toll-free telephone number.--The Secretary shall \n establish a toll-free telephone number to enable individuals to \n obtain additional information about the health advisories \n developed under this subsection concerning exposure to mercury \n from consumption of fish and seafood, as well as exposure from \n other sources.\n (5) Updating of information.--The information provided \n under this subsection shall be updated periodically as \n determined necessary by the Secretary.\n (b) Mercury Warning Consumer's Guide.--\n (1) In general.--The Administrator, in consultation with \n the Secretary, shall prepare a consumer's guide to mercury and \n health advisory for the consumption of recreationally-caught \n fish. Such guide shall be distributed, at no cost, to--\n (A) State departments of fisheries, wildlife, and \n environmental law enforcement;\n (B) all applicants for a fishing license at the \n time the license is issued; and\n (C) to public upon request.\n (2) Criteria.--The guide developed under paragraph (1) \n shall--\n (A) be printed in large type in English, Spanish, \n and other languages determined by the Secretary to be \n culturally and linguistically appropriate;\n (B) contain the toll free telephone number \n established by the Environmental Protection Agency that \n residents may call for further information about the \n health advisories contained in the guide.\n (3) Updating of information.--The guide developed under \n paragraph (1) shall be updated periodically as determined \n necessary by the Secretary.\n (c) Consumption Advisory.--\n (1) In general.--The Secretary, in consultation with the \n Secretary of Agriculture and the Administrator, shall work with \n the States and other appropriate entities to--\n (A) develop and distribute regional and national \n advisories concerning the presence of methyl-mercury in \n seafood;\n (B) develop standardized formats for written and \n broadcast advisories regarding methyl-mercury in \n seafood;\n (C) develop and periodically upgrade information \n related to mercury fish tissue test results and fish \n consumption advisories for methyl-mercury;\n (D) coordinate State and local advisories in the \n formation of the National Public Education Program \n under subsection (d)(1); and\n (E) coordinate with that sector of the retail food \n industry that is engaged in the sale of any fresh, \n packaged, or frozen fish or seafood products intended \n for human consumption, concerning the posting of such \n advisories in their place of business where fish are \n sold to inform women of childbearing age, pregnant, and \n nursing women and the parents of young children on the \n potential dangers of mercury that is present in certain \n fish or seafood.\n (2) Criteria.--The advisories and notices developed under \n paragraph (1) shall include information both on limiting the \n consumption of certain high level fish and seafood to the \n general population and, for sensitive populations such as women \n of childbearing age and children, stress the importance of \n limiting consumption of frequently consumed fish that may \n exceed the Environmental Protection Agency's Reference Dose.\n (3) Consumption advisory.--\n (A) In general.--Based on information compiled by \n the Environmental Protection Agency, the National \n Marine Fisheries Services, and the Food and Drug \n Administration, shall work with State health, fish and \n wildlife, and environmental agencies to develop and \n periodically update a consumption advisory for any \n fresh, packaged, or frozen fish or seafood products \n intended for human consumption for posting by retail \n food establishments and restaurants pursuant to this \n Act. The advisory shall provide information about the \n potential dangers from the ingestion of mercury from \n the consumption of fish and seafood by women of \n childbearing age, pregnant women, and young children \n and other at-risk groups as determined by the \n Department, including populations consuming above-\n average quantities of fish and seafood.\n (B) Distribution.--The Secretary shall make copies \n of the advisory developed under subparagraph (A) \n available to State boards of health or other State and \n local governmental entities that have the same \n authority as a State board of health for distribution \n to the public and to local retail food establishments \n and restaurants.\n (4) Requirements.--The advisories and notices developed \n under this subsection shall be printed in large type in \n English, Spanish, and other languages determined by the \n Secretary to be culturally and linguistically appropriate.\n (d) Public Education and Advisory System.--\n (1) Public education.--The Secretary, in consultation with \n public and nonprofit private entities (including cooperative \n extension services and appropriate State entities), shall \n design and implement a national public education program \n regarding the presence of methyl-mercury in seafood.\n (2) Features.--The program developed under paragraph (1) \n shall provide--\n (A) information to the public regarding--\n (i) Federal standards and good practice \n requirements relating to methyl-mercury in \n seafood; and\n (ii) the promotion of public awareness, \n understanding, and acceptance of such standards \n and requirements;\n (B) information to health professionals so that \n health professionals may improve the diagnosis and \n treatment of mercury-related illness and advise \n individuals whose health conditions place those \n individuals at particular risk; and\n (C) such other information or advice to consumers \n and other individuals as the Secretary determines will \n promote the purposes of this section.\n (e) Sampling and Monitoring.--\n (1) In general.--The Commissioner shall resume the seafood \n methyl-mercury monitoring sampling program of the Food and Drug \n Administration to assist in documenting mercury levels in \n various fish species.\n (2) Monitoring.--The sampling program described in \n paragraph (1) shall be conducted so as to provide statistically \n valid monitoring data with respect to mercury levels in fish \n and seafood (including market-basket studies) including \n documenting the extent to which fish with mercury levels in \n excess of the action level are sold in commerce. Such \n information, along with information gathered by the \n Environmental Protection Agency, shall be compiled into an \n annual report by the Commissioner to track changes in dietary \n exposure to mercury from fish and seafood.\n (3) Avoidance of duplication of effort.--To the extent \n practicable, the sampling program described in paragraph (1) \n shall be consistent with, and shall be coordinated with, other \n seafood sampling programs that are in use, so as to avoid \n duplication of effort.\n\nSEC. 5. HAACP ASSESSMENT.\n\n Not later than 1 year after the date of enactment of this Act, the \nSecretary shall finalize the Hazard Analysis and Critical Control Point \nassessment to determine whether or not methyl-mercury exposure through \nfish consumption is a public health hazard.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) Public Education and Advisory System.--There is authorized to \nbe appropriated to develop and implement the public education and \nadvisory system under section 3(d), $500,000 for each fiscal year.\n (b) Sampling.--There is authorized to be appropriated to carry out \nsampling under section 3(e), $1,000,000 for each fiscal year.\n (c) State Support.--\n (1) In general.--There is authorized to be appropriated to \n support the efforts of States to sample noncommercial fish and \n inland waterways for mercury and to produce State-specific \n health advisories related to mercury, $2,000,000 for each \n fiscal year.\n (2) Equitable distribution.--The Administrator shall \n distribute amounts made available under paragraph (1) equitably \n among the States through programs in existence on the date of \n enactment of this Act.","summary":"Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish. Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals a consumer's mercury advisory notice regarding the health risks of fish consumption. And (2) establish a toll-free number for individuals who desire additional information. Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish. Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood. And (2) design and implement a related national public education program. Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program. Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard.","title":"A bill to require the Secretary of Health and Human Services to ensure that the public is provided adequate notice and education on the effects of exposure to mercury through the development of health advisories and by requiring that such appropriate advisories be posted, or made readily available, at all businesses that sell fresh, frozen, and canned fish and seafood where the potential for mercury exposure exists.","text_len":19113,"sum_len":1377} {"bill_id":"106_s2282","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Native American Agricultural \nResearch, Development and Export Enhancement Act of 2000''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress makes the following findings:\n (1) Clause 3 of section 8 of article I of the United States \n Constitution recognizes the special relationship between the \n United States and Indian tribes.\n (2) Beginning in 1970, with the inauguration by the Nixon \n Administration of the Indian self-determination era, each \n successive President has reaffirmed the special government-to-\n government relationship between Indian tribes and the United \n States.\n (3) In 1994, President Clinton issued an executive \n memorandum to the heads of all Federal departments and agencies \n that obligated all such departments and agencies, particularly \n those that have an impact on economic development, to evaluate \n the potential impacts of their actions on Indian tribes.\n (4) The United States has an obligation to guard and \n preserve the agricultural and related renewable resources of \n Indian tribes in order to foster strong tribal governments, \n Indian self-determination, and economic self-sufficiency among \n Indian tribes.\n (5) Despite the availability of abundant natural resources \n on Indian lands and a rich cultural legacy that accords great \n value to self-determination, self-reliance, and independence, \n Native Americans suffer higher rates of unemployment, poverty, \n poor health, substandard housing, and associated social ills \n than those of any other group in the United States.\n (6) Reservation-based Indians tend to be the most rural of \n any minority group. They tend to be geographically isolated, \n resource limited, and the least likely of any farm group to \n receive payment or loans from the United States.\n (7) Indian land represents close to 55,000,000 acres, or \n about 2 percent of the United States land base, with nearly \n 47,000,000 of these acres consisting of range and cropland.\n (8) Indian agriculture constitutes the second largest \n revenue generator and employer in Indian country and is not \n limited to farming and ranching, but often includes such \n products as forestry, bison, wild rice and fruits, cotton, \n tobacco and other Native-made or grown products.\n (9) Because of the lack of Federal intra-agency and inter-\n agency coordination in agriculture programs and policies, the \n development of Indian agriculture and related tribal business \n and economic development potential has been hindered.\n (10) It is estimated that about 20 percent of reservation \n grazing land and about 70 percent of cropland is leased to non-\n Indian producers.\n (11) American Indians today use their lands and natural \n resources for agriculture and agribusiness to provide food and \n other staples for consumption, improving their economic self-\n sufficiency, agriculture income and reservation employment.\n (12) Although there are many programs within Department of \n Agriculture for which tribal and individual Indian producers \n are eligible, Indian producers have not fully benefited from \n these programs because of insufficient coordination within the \n Department of Agriculture.\n (13) The United States has an obligation to assist Indian \n tribes with the creation of appropriate economic and political \n conditions with respect to Indian lands to--\n (A) encourage investment from outside sources that \n do not originate with the tribes; and\n (B) facilitate economic ventures with outside \n entities that are not tribal entities.\n (14) The economic success and material well-being of Native \n American communities depends on the combined efforts of the \nFederal Government, tribal governments, the private sector, and \nindividuals.\n (b) Purpose.--It is the purpose of this Act to--\n (1) promote the coordination of existing agricultural and \n related programs within the Department of Agriculture to \n provide the maximum benefit to Indian tribes and their members;\n (2) encourage intertribal, regional, and international \n trade and business development in order to assist in increasing \n productivity and the standard of living of members of Indian \n tribes and improving the economic self-sufficiency of the \n Indian tribes;\n (3) through improving the administration of Federal \n program, improve the access of Indian tribes to capital, \n specialty markets, export promotions, and marketing assistance \n that non-Indian agriculture producers currently have access to;\n (4) improve the development and coordination of Indian \n agriculture and related value-added industries to promote self-\n sustaining Native economies and communities; and\n (5) promote economic self-sufficiency and political self-\n determination for Indian tribes and members of Indian tribes.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Eligible entity.--The term ``eligible entity'' means an \n Indian tribe, a tribal organization, a tribal enterprise, a \n tribal marketing cooperative, or any other Indian-owned \n business.\n (2) Indian.--The term ``Indian'' has the meaning given that \n term in section 4(d) of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 450b(d)).\n (3) Indian goods and services.--The term ``Indian goods and \n services'' means--\n (A) goods produced or originated by an eligible \n entity; or\n (B) services provided by eligible entities.\n (4) Indian-owned business.--The term ``Indian-owned \n business'' means an entity organized for the conduct of trade \n or commerce with respect to which at least 50 percent of the \n property interest of the entity is owned by Indians or Indian \n tribes (or a combination thereof).\n (5) Indian tribe.--The term ``Indian tribe'' has the \n meaning given that term in section 4(e) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b(e)).\n (6) Secretary.--The term ``Secretary'' means the Secretary \n of Agriculture.\n (7) Tribal enterprise.--The term ``tribal enterprise'' \n means a commercial activity or business managed or controlled \n by an Indian tribe.\n (8) Tribal organization.--The term ``tribal organization'' \n has the meaning given that term in section 4(l) of the Indian \n Self-Determination and Education Assistance Act (25 U.S.C. \n 450b(l)).\n\nSEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT OFFICE\n\n (a) In General.--\n (1) Establishment.--There is established within the \n Department of Agriculture a Native American Agricultural \n Research, Development and Export Office (referred to this Act \n as the ``Office'').\n (2) Director.--The Office shall be headed by a Director of \n the Native American Agricultural Research, Development and \n Export Office (referred to in this Act as ``Director'') to be \n appointed by the Secretary. The Director shall be compensated \n at a rate not to exceed that for level V of the Executive \n Schedule under section 5316 of title 5, United States Code.\n (b) Duties of the Secretary.--\n (1) In general.--The Secretary, acting through the \n Director, shall ensure the coordination of all programs that \n provide assistance to Native American communities within the \n following 7 mission areas of the Department of Agriculture:\n (A) Farm and foreign agricultural services.\n (B) Food, nutrition, and consumer services.\n (C) Food safety.\n (D) Marketing and regulatory programs.\n (E) Natural resources and environment.\n (F) Research, education and economics.\n (G) Rural development.\n (2) Activities.--In carrying out paragraph (1), the \n Secretary, acting through the Director, shall ensure the \n coordination of, or, as appropriate, carry out--\n (A) activities to promote Indian agricultural \n programs, including the development of domestic and \n international trade programs;\n (B) activities to facilitate water and waste \n programs, housing, utility and other infrastructure \n development with respect to Native American \n communities;\n (C) activities to provide assistance to Indian \n tribal college programs;\n (D) activities to implement rural economic \n development programs for Native American communities; \n and\n (E) activities to promote food and nutrition \n services for Native American communities.\n (3) Interagency coordination.--In carrying out Department \n of Agriculture programs, the Secretary, acting through the \n Director, shall coordinate with other Federal agencies, \n including the Department of Energy, the Department of Housing \n and Urban Development, the Department of the Interior, the \n Department of Justice, the Department of Commerce, or any other \n Federal agency responsible for administering related Indian \n programs.\n (4) Assistance.--In conjunction with the activities \n described in paragraph (2), the Secretary, acting through the \n Director, shall provide--\n (A) financial assistance, technical assistance, and \n administrative services to eligible entities to assist \n those entities in--\n (i) identifying and taking advantage of \n business development opportunities; and\n (ii) complying with appropriate laws and \n regulatory practices; and\n (B) such other assistance as the Secretary, in \n consultation with the Director, determines to be \n necessary for the development of business opportunities \n for eligible entities to enhance the economies of \n Indian tribes.\n (5) Priorities.--In carrying out the duties and activities \n described in paragraphs (3) and (4), the Secretary, acting \n through the Director, shall give priority to activities that--\n (A) provide the greatest degree of economic \n benefits to Indians; and\n (B) foster long-term stable economies of Indian \n tribes.\n\nSEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION.\n\n (a) In General.--The Secretary, acting through the Director, shall \nestablish and implement a Native American export and trade promotion \nprogram (referred to in this section as the ``program'').\n (b) Coordination of Federal Programs and Services.--In carrying out \nthe program, the Secretary, acting through the Director and in \ncooperation with the heads of appropriate Federal agencies, shall \nensure the coordination of Federal programs and services that are \ndesigned to--\n (1) develop the economies of Indian tribes; and\n (2) stimulate the demand for Indian goods and services that \n are available from eligible entities.\n (c) Activities.--In carrying out subsection (b), the Secretary, \nacting through the Director, shall ensure the coordination of, or, as \nappropriate, carry out--\n (1) Federal programs that are designed to provide technical \n or financial assistance to eligible entities;\n (2) activities to develop promotional materials for \n eligible entities;\n (3) activities for the financing of appropriate trade \n missions;\n (4) activities for the marketing of related Indian goods \n and services;\n (5) activities for the participation of appropriate Federal \n agencies or eligible entities in international trade fairs; and\n (6) any other activity related to the development of \n markets for Indian goods and services.\n (d) Technical Assistance.--In conjunction with the activities \ndescribed in subsection (c), the Secretary, acting through the \nDirector, shall provide technical assistance and administrative \nservices to eligible entities to assist those entities in--\n (1) identifying appropriate markets for Indian goods and \n services;\n (2) entering the markets referred to in paragraph (1);\n (3) complying with foreign or domestic laws and practices \n with respect to financial institutions concerning the export \n and import of Indian goods and services; and\n (4) entering into financial arrangements to provide for the \n export and trade of Indian agricultural and related products.\n (e) Priorities.--In carrying out the duties and activities \ndescribed in subsections (b) and (c), the Secretary, acting through the \nDirector, shall give priority to activities that--\n (1) provide the greatest degree of economic benefits to \n Indians; and\n (2) foster long-term stable international markets for \n Indian goods and services.","summary":"Directs the Secretary of Agriculture, acting through the Director of such Office, to ensure the coordination of all programs that provide assistance to Native American communities within seven specified mission areas of the Department of Agriculture and to ensure the coordination of, or carry out, activities to: (1) promote Indian agricultural programs. (2) facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities, (3) provide assistance to Indian tribal college programs, (4) implement rural economic development programs for Native American communities. And (5) promote food and nutrition services for such communities. Requires the Director to provide: (1) financial and technical assistance and administrative services to assist eligible entities in identifying and taking advantage of business development opportunities and complying with laws and regulatory practices. And (2) such other assistance necessary for the development of business opportunities to enhance Indian tribes' economies. Requires the Director to establish and implement a Native American export and trade promotion program and, in carrying out such program, to ensure the coordination of: (1) Federal programs and services designed to develop Indian tribes' economies and stimulate the demand for Indian goods and services that are available from eligible entities. And (2) Federal programs that are designed to provide technical or financial assistance to eligible entities and any activities related to the development of markets for Indian goods and services. Requires the Director to provide technical assistance and administrative services to assist eligible entities in: (1) identifying and entering markets for Indian goods and services. (2) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of such goods and services. And (3) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products.","title":"Native American Agricultural Research, Development and Export Enhancement Act of 2000","text_len":14098,"sum_len":2086} {"bill_id":"111_hr6276","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Wildlife Disease Emergency Act of \n2010''.\n\nSEC. 2. PURPOSES.\n\n The purposes of this Act are to--\n (1) authorize the Secretary of the Interior to identify and \n declare wildlife disease emergencies;\n (2) establish a fund through which the Secretary may \n coordinate rapid response to these emergencies; and\n (3) prepare for, identify, and address diseases adversely \n affecting wildlife populations and biodiversity through \n strategic and coordinated actions between the Federal agencies \n and State and local agencies, Indian tribes, and \n nongovernmental organizations.\n\nSEC. 3. DECLARATION OF WILDLIFE DISEASE EMERGENCY.\n\n (a) In General.--The Secretary of the Interior, in consultation \nwith the Governor of a potentially affected State or States, may \ndeclare within such State or States a wildlife disease emergency for \ndisease that is--\n (1) occurring within the United States; or\n (2) occurring outside the United States with the potential \n to enter the United States.\n (b) Considerations.--In making a declaration under subsection (a), \nthe Secretary shall consider--\n (1) the level of threat the disease poses to affected \n wildlife populations, based on the--\n (A) relative threat to population levels;\n (B) relative strength of the contagion and spread \n of the disease;\n (C) observed rate of morbidity or mortality of the \n disease; and\n (D) priority of affected species or ecosystems, \n including--\n (i) species listed under the Endangered \n Species Act of 1973 (16 U.S.C. 1531 et seq.);\n (ii) species protected by the Migratory \n Bird Treaty Act (16 U.S.C. 703 et seq.), Marine \n Mammal Protection Act of 1972 (16 U.S.C. 1361 \n et seq.), or other Federal statutes;\n (iii) species and habitats identified as \n priorities through the National Fish and \n Wildlife Climate Adaptation Plan or other \n Federal, State or local laws, regulations, and \n conservation plans; and\n (iv) wildlife located on Federal lands;\n (2) the sufficiency of resources available in the Wildlife \n Disease Emergency Fund established under section 4;\n (3) the ability of the Department of the Interior and other \n Federal, State, and local agencies, tribal governments, and \n other stakeholders to address and coordinate response to the \n disease through other authorities; and\n (4) the request of any State Governor to make such a \n declaration.\n (c) Response Coordination.--\n (1) In general.--Upon a declaration of a wildlife disease \n emergency by the Secretary, the Secretary shall lead a \n coordinated response to the emergency that shall include \n appropriate Federal agencies, State and local governments, \n Indian tribes, nongovernmental organizations, or other \n stakeholders.\n (2) Grant program.--The Secretary shall develop and \n implement a grant program to provide funding to State wildlife \n agencies and Indian tribes to address wildlife disease \n emergencies.\n\nSEC. 4. WILDLIFE DISEASE EMERGENCY FUND.\n\n (a) Establishment.--There is established in the Treasury of the \nUnited States a separate account, which shall be known as the \n``Wildlife Disease Emergency Fund'' and shall consist of--\n (1) such amounts as are appropriated to the Secretary for \n activities to address wildlife disease emergencies authorized \n by this Act; and\n (2) any amounts received by the Secretary as donations, \n gifts, or contributions identified for use to address wildlife \n disease emergencies.\n (b) Expenditures From Fund.--Subject to the availability of \nappropriations, amounts in the fund shall be available to the Secretary \nfor use in carrying out activities authorized by this Act.\n\nSEC. 5. WILDLIFE DISEASE COMMITTEE.\n\n (a) Establishment.--The Secretary may establish a Wildlife Disease \nCommittee. The purpose of the Committee shall be to assist the \nSecretary in increasing the level of preparedness of the United States \nto address emerging wildlife diseases.\n (b) Purpose.--The Committee shall--\n (1) advise the Secretary on risk assessment, preparation, \n monitoring, research, and response to wildlife diseases that \n may significantly impact the health and sustainability of \n wildlife populations; and\n (2) draft reports, recommendations, plans, or other \n documents toward accomplishment of these purposes as \n appropriate.\n (c) Membership.--Members of the Committee--\n (1) shall be appointed by the Secretary from among \n individuals who are qualified by education, training, and \n experience; and\n (2) shall include--\n (A) individuals employed by Federal and State \n agencies and tribal entities who have expertise in \n wildlife health, biology, ecology, wildlife \n conservation, and natural resource management; and\n (B) representatives of public and private \n organizations who have such expertise.\n (d) Committee Chair.--The Committee shall be chaired by the \nSecretary or a designee of the Secretary.\n (e) Staffing and Assistance.--The Secretary shall make available to \nthe Committee any staff, information, administrative services, or \nassistance the Secretary determines is reasonably required to enable \nthe Committee to carry out its functions.\n (f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5 \nU.S.C. 5 et al.), the Secretary may renew the Committee beyond the date \nit would otherwise terminate under that Act.\n\nSEC. 6. RAPID RESPONSE TEAMS.\n\n The Secretary, in consultation with the Committee as appropriate, \nmay convene rapid response teams to address any particular wildlife \ndisease emergency.\n\nSEC. 7. SAVINGS CLAUSE.\n\n Nothing in this Act shall be construed to--\n (1) limit the Secretary's authority to respond to wildlife \n disease events that are not declared wildlife disease \n emergencies under this Act; or\n (2) limit, repeal, supersede, or modify any provision of \n Federal, State, local, or tribal laws and regulations.\n\nSEC. 8. DEFINITIONS.\n\n In this Act:\n (1) Disease.--The term ``disease'' means an infectious or \n noninfectious, pathological condition occurring in a \n susceptible population of wildlife, and that is not zoonotic.\n (2) Fund.--The term ``fund'' means the Wildlife Disease \n Emergency Fund as established by section 4.\n (3) Indian tribe.--The term ``Indian tribe'' has the \n meaning given that term in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 450b).\n (4) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (5) State.--The term ``State'' means any State, the \n District of Columbia, American Samoa, Guam, the Commonwealth of \n the Northern Mariana Islands, Puerto Rico, and the United \n States Virgin Islands.\n (6) United states.--The term ``United States'' includes the \n States and the territories and possessions of the United \n States.\n (7) Wildlife.--The term ``wildlife'' means any species \n native to the United States including nondomesticated mammals, \n fish, birds, amphibians, reptiles, mollusks, and arthropods.\n (8) Wildlife disease emergency.--The term ``wildlife \n disease emergency'' means a disease that is--\n (A) infectious and caused by a newly discovered \n pathogen or a known infectious disease that is \n expanding its geographic range, species impacted, or \n other recognized impacts;\n (B) posing significant threats to the \n sustainability of a wildlife species;\n (C) spreading rapidly; or\n (D) posing a significant threat to the health of a \n functioning ecosystem in a priority landscape \n identified as part of the National Fish and Wildlife \n Climate Change Adaptation Plan or another Federal, \n State, local, or tribal law, regulation, or \n conservation plan.","summary":"Wildlife Disease Emergency Act of 2010 - Directs the Secretary of the Interior to: (1) declare a wildlife disease emergency in one or more states for a disease that is occurring either within the United States or outside the United States with the potential to enter the United States, (2) lead a coordinated response to the emergency, and (3) implement a grant program to provide funding to state wildlife agencies and Indian tribes to address such emergencies. Directs the Secretary, in making such a declaration, to consider: (1) the level of threat the disease poses to affected wildlife populations. (2) the sufficiency of resources available in the Wildlife Disease Emergency Fund. (3) the ability of the Department of the Interior and other federal, state, and local agencies, tribal governments, and other stakeholders to address and coordinate a response to the disease through other authorities. And (4) any state governor's request for such a declaration. Establishes in the Treasury a Wildlife Disease Emergency Fund, which shall be available to the Secretary for activities authorized by this Act. Directs the Secretary to establish a Wildlife Disease Committee to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. Authorizes the Secretary to convene rapid response teams to address a wildlife disease emergency.","title":"To authorize the Secretary of the Interior to identify and declare wildlife disease emergencies and to coordinate rapid response to these emergencies, and for other purposes.","text_len":8994,"sum_len":1396} {"bill_id":"114_s385","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Biennial Appropriations Act''.\n\nSEC. 2. REVISION OF TIMETABLE.\n\n Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) \nis amended to read as follows:\n\n ``timetable\n\n ``Sec. 300. (a) Timetable.--\n ``(1) In general.--The timetable with respect to the \n congressional budget process for any fiscal year is as follows:\n\n\n``On or before: Action to be completed:\nFirst Monday in February................ President submits his or her budget.\nFebruary 15............................. Congressional Budget Office submits report to Budget Committees.\nNot later than 6 weeks after President Committees submit views and estimates to Budget Committees.\n submits budget.\nApril 1................................. Budget Committees report concurrent resolution on the budget.\nApril 15................................ Congress completes action on concurrent resolution on the budget.\nMay 15.................................. Biennial appropriation bills and the defense appropriation bill may be\n considered in the House as provided in subsection (b).\nJune 10................................. House Appropriations Committee reports last appropriation bill to be\n considered that year as provided in subsection (b).\nJune 15................................. Congress completes action on reconciliation legislation.\nJune 30................................. House completes action on biennial appropriation bills to be\n considered that year, as provided in subsection (b), and the defense\n appropriation bill.\nAugust 1................................ Congress completes action on biennial appropriation bills to be\n considered that year, as provided in subsection (b), and the defense\n appropriation bill.\nOctober 1............................... Fiscal year begins.\n \n\n ``(2) Special rule.--In the case of any first session of \n Congress that begins in any year immediately following a leap \n year and during which the term of a President (except a \n President who succeeds himself or herself) begins, the \n following dates shall supersede those set forth in paragraph \n (1):\n\n\n``On or before: Action to be completed:\nFirst Monday in April................... President submits his or her budget.\nApril 15................................ Congressional Budget Office submits report to Budget Committees.\nApril 20................................ Committees submit views and estimates to Budget Committees.\nMay 15.................................. Budget Committees report concurrent resolution on the budget.\nJune 1.................................. Congress completes action on concurrent resolution on the budget.\nJuly 1.................................. Biennial appropriation bills and the defense appropriation bill may be\n considered in the House as provided in subsection (b).\nJuly 20................................. House completes action on biennial appropriation bills to be\n considered that year, as provided in subsection (b), and the defense\n appropriation bill.\nAugust 1................................ Congress completes action on biennial appropriation bills to be\n considered that year, as provided in subsection (b), the defense\n appropriation bill, and reconciliation legislation.\nOctober 1............................... Fiscal year begins.\n \n\n ``(b) Biennial Appropriation Bills and Defense Appropriation \nBill.--Appropriation bills shall be enacted as follows:\n ``(1) Odd-numbered years.--In odd-numbered years Congress \n shall consider pursuant to the budget process under this title \n and enact--\n ``(A) an annual defense appropriation bill; and\n ``(B) biennial appropriation bills for--\n ``(i) Financial Services;\n ``(ii) Transportation, Housing and Urban \n Development;\n ``(iii) Interior, Environment;\n ``(iv) Labor, Health and Human Services, \n Education; and\n ``(v) Military Construction, Veterans \n Affairs.\n ``(2) Even-numbered years.--In even-numbered years Congress \n shall consider pursuant to the budget process in this title and \n enact--\n ``(A) an annual defense appropriation bill; and\n ``(B) biennial appropriation bills for--\n ``(i) Agriculture;\n ``(ii) Commerce, Justice, Science;\n ``(iii) Energy and Water;\n ``(iv) Homeland Security;\n ``(v) Legislative Branch; and\n ``(vi) State-Foreign Operations.''.\n\nSEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL \n ACT OF 1974.\n\n (a) Definitions.--Section 3 of the Congressional Budget Act of 1974 \n(2 U.S.C. 622) is amended by adding at the end the following:\n ``(12) The term `biennium' means the period of 2 \n consecutive fiscal years beginning on October 1.''.\n (b) Committee Allocations.--Section 302 of the Congressional Budget \nAct of 1974 (2 U.S.C. 633) is amended--\n (1) in subsection (a)(1), in the matter preceding \n subparagraph (A)--\n (A) by inserting ``and for appropriations for each \n fiscal year in the biennium and for the first fiscal \n year of the resolution for defense,'' after ``for the \n first fiscal year of the resolution,'';\n (B) by striking ``for that period of fiscal years'' \n and inserting ``for all fiscal years covered by the \n resolution''; and\n (C) by inserting ``for defense and for each fiscal \n year in the biennium'' after ``for the fiscal year of \n that resolution'';\n (2) in subsection (b), by inserting ``for defense and the \n biennium'' after ``budget year''; and\n (3) in subsection (f)(2)(A)--\n (A) by striking ``the first fiscal year'' and \n inserting ``each fiscal year of the biennium''; and\n (B) by striking ``the total of fiscal years'' and \n inserting ``the total of all fiscal years covered by \n the resolution''.\n\nSEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE.\n\n (a) Definition.--Section 1101 of title 31, United States Code, is \namended by adding at the end thereof the following:\n ``(3) `biennium' has the meaning given to such term in \n section 3(12) of the Congressional Budget and Impoundment \n Control Act of 1974 (2 U.S.C. 622(12)).''.\n (b) Budget Contents and Submission to the Congress.--\n (1) Expenditures.--Section 1105(a)(5) of title 31, United \n States Code, is amended by striking ``the fiscal year for which \n the budget is submitted and the 4 fiscal years after that \n year'' and inserting ``each fiscal year in the biennium for \n which the budget is submitted and in the succeeding 4 fiscal \n years''.\n (2) Receipts.--Section 1105(a)(6) of title 31, United \n States Code, is amended by striking ``the fiscal year for which \n the budget is submitted and the 4 fiscal years after that \n year'' and inserting ``each fiscal year in the biennium for \n which the budget is submitted and in the succeeding 4 years''.\n (3) Balance statements.--Section 1105(a)(9)(C) of title 31, \n United States Code, is amended by striking ``the fiscal year'' \n and inserting ``each fiscal year in the biennium''.\n (4) Functions and activities.--Section 1105(a)(12)(A) of \n title 31, United States Code, is amended by striking ``the \n fiscal year'' and inserting ``each fiscal year in the \n biennium''.\n (5) Allowances.--Section 1105(a)(13) of title 31, United \n States Code, is amended by striking ``the fiscal year'' and \n inserting ``each fiscal year in the biennium''.\n (6) Allowances for uncontrolled expenditures.--Section \n 1105(a)(14) of title 31, United States Code, is amended by \n striking ``that year'' and inserting ``each fiscal year in the \n biennium for which the budget is submitted''.\n (7) Tax expenditures.--Section 1105(a)(16) of title 31, \n United States Code, is amended by striking ``the fiscal year'' \n and inserting ``each fiscal year in the biennium''.\n (8) Future years.--Section 1105(a)(17) of title 31, United \n States Code, is amended--\n (A) by striking ``the fiscal year following the \n fiscal year'' and inserting ``each fiscal year in the \n biennium following the biennium'';\n (B) by striking ``that following fiscal year'' and \n inserting ``each such fiscal year''; and\n (C) by striking ``fiscal year before the fiscal \n year'' and inserting ``biennium before the biennium''.\n (9) Prior year outlays.--Section 1105(a)(18) of title 31, \n United States Code, is amended--\n (A) by striking ``the prior fiscal year'' and \n inserting ``each of the 2 most recently completed \n fiscal years,'';\n (B) by striking ``for that year'' and inserting \n ``with respect to those fiscal years''; and\n (C) by striking ``in that year'' and inserting ``in \n those fiscal years''.\n (10) Prior year receipts.--Section 1105(a)(19) of title 31, \n United States Code, is amended--\n (A) by striking ``the prior fiscal year'' and \n inserting ``each of the 2 most recently completed \n fiscal years'';\n (B) by striking ``for that year'' and inserting \n ``with respect to those fiscal years''; and\n (C) by striking ``in that year'' each place it \n appears and inserting ``in those fiscal years''.\n (c) Estimated Expenditures of Legislative and Judicial Branches.--\nSection 1105(b) of title 31, United States Code, is amended by striking \n``each year'' and inserting ``each even-numbered year''.\n (d) Recommendations To Meet Estimated Deficiencies.--Section \n1105(c) of title 31, United States Code, is amended--\n (1) by striking ``the fiscal year for'' the first place it \n appears and inserting ``each fiscal year in the biennium for'';\n (2) by striking ``the fiscal year for'' the second place it \n appears and inserting ``each fiscal year of the biennium, as \n the case may be, for''; and\n (3) by striking ``for that year'' and inserting ``for each \n fiscal year of the biennium''.\n (e) Capital Investment Analysis.--Section 1105(e)(1) of title 31, \nUnited States Code, is amended by striking ``ensuing fiscal year'' and \ninserting ``biennium to which such budget relates''.\n\nSEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS \n ACTS.\n\n (a) In General.--Section 105 of title 1, United States Code, is \namended to read as follows:\n``Sec. 105. Title and style of appropriations Acts\n ``(a) In General.--\n ``(1) Nondefense.--Except as provided in paragraph (2), the \n style and title of all Acts making appropriations for the \n support of the Government shall be as follows: `An Act making \n appropriations (here insert the object) for each fiscal year in \n the biennium of fiscal years (here insert the fiscal years of \n the biennium).'.\n ``(2) Defense.--The style and title of Acts making \n appropriations for the support of defense shall be as follows: \n `An Act making appropriations for defense for fiscal year (here \n insert the fiscal year).'.\n ``(3) Amounts.--All Acts making regular appropriations for \n the support of the Government shall specify the amount of \n appropriations provided for each fiscal year in such period.\n ``(b) Definitions.--In this section--\n ``(1) the term `biennium' has the same meaning as in \n section 3(12) of the Congressional Budget and Impoundment \n Control Act of 1974 (2 U.S.C. 622(12)); and\n ``(2) Acts described in subsection (a)(1) shall be \n considered as provided in section 300(b) of the Congressional \n Budget Act of 1974 (2 U.S.C. 631(b)).''.\n (b) Technical and Conforming Amendment.--The table of sections for \nchapter 2 of title 1, United States Code, is amended by striking the \nitem relating to section 105 and inserting the following:\n\n``105. Title and style of appropriations Acts.''.\n\nSEC. 6. MULTIYEAR AUTHORIZATIONS.\n\n (a) In General.--Title III of the Congressional Budget Act of 1974 \nis amended by adding at the end the following:\n\n ``authorizations of appropriations\n\n ``Sec. 316. (a) Point of Order.--It shall not be in order in the \nHouse of Representatives or the Senate to consider--\n ``(1) any bill, joint resolution, amendment, motion, or \n conference report that authorizes appropriations for a period \n of less than 2 fiscal years, unless the program, project, or \n activity for which the appropriations are authorized will \n require no further appropriations and will be completed or \n terminated after the appropriations have been expended; and\n ``(2) for any year, any authorization or revenue bill or \n joint resolution until Congress completes action on the budget \n resolution, all appropriations bills to be considered during \n the year under section 300(b), and all reconciliation bills.\n ``(b) Applicability.--In the Senate, subsection (a) shall not apply \nto--\n ``(1) defense;\n ``(2) any measure that is privileged for consideration \n pursuant to a rule or statute;\n ``(3) any matter considered in Executive Session; or\n ``(4) an appropriations measure or reconciliation bill.''.\n (b) Amendment to Table of Contents.--The table of contents set \nforth in section 1(b) of the Congressional Budget and Impoundment \nControl Act of 1974 is amended by adding after the item relating to \nsection 315 the following:\n\n``Sec. 316. Authorizations of appropriations.''.\n\nSEC. 7. CONGRESSIONAL OVERSIGHT.\n\n (a) In General.--In each year that the activities of an agency are \nnot required to be funded pursuant to section 300(b) of the \nCongressional Budget Act of 1974, the committee of the House and the \nSenate with legislative jurisdiction over that agency shall hold a \njoint oversight hearing with the corresponding subcommittee of the \nCommittee on Appropriations of their respective House with jurisdiction \nover the agency.\n (b) Hearing.--A hearing required by subsection (a) shall review--\n (1) the mission of the agency;\n (2) the impact of biennial budgeting on agency efficiency;\n (3) the cost savings associated with biennial budgeting;\n (4) new programs created in the off year of the agency \n budget; and\n (5) programs that were terminated in the off year of the \n agency budget.\n\nSEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD.\n\n Not later than 180 days after the date of enactment of this Act, \nthe Director of the Office of Management and Budget shall--\n (1) determine the impact and feasibility of changing the \n definition of a fiscal year and the budget process based on \n that definition to a 2-year fiscal period with a biennial \n budget process based on the 2-year period; and\n (2) submit to the Committee on the Budget of the Senate and \n the Committee on the Budget of the House of Representatives a \n report on the findings of the study.\n\nSEC. 9. EFFECTIVE DATE.\n\n Except as provided in section 8, this Act and the amendments made \nby this Act shall take effect on January 1, 2016, and shall apply to \nbudget resolutions and appropriations for the biennium beginning with \nfiscal year 2017.","summary":"Biennial Appropriations Act This bill amends the Congressional Budget Act of 1974 to change the annual appropriations process to a biennial process for nondefense spending. Congress must consider the defense appropriations bill annually and the remaining appropriations bills in either odd-numbered or even-numbered years. In each year that the appropriations bill for an agency is not considered, Congress must conduct oversight hearings. The bill requires the congressional budget resolution to be accompanied by committee allocations for biennial appropriations and the President's budget to include details that reflect the biennial process. It also creates a point of order against considering: (1) legislation authorizing appropriations for less than two years unless the program requires no further appropriations and will be completed after appropriations are expended, and (2) authorization or revenue legislation until Congress completes action on the budget resolution, appropriations bills, and reconciliation bills. The Office of Management and Budget must report to Congress on the impact and feasibility of a biennial budget process.","title":"Biennial Appropriations Act","text_len":17067,"sum_len":1148} {"bill_id":"110_hr1420","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Microbicide Development Act''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) Women and girls are the new face of HIV\/AIDS, and are \n increasingly affected by the disease in every region of the \n world. As of 2006, nearly half of the 37,200,000 adults living \n with HIV and AIDS worldwide were women. In sub-Saharan Africa, \n that proportion was 59 percent.\n (2) Because of their social and biological vulnerabilities, \n young women are particularly at risk of HIV infection. In sub-\n Saharan Africa, the prevalence of HIV\/AIDS is three times \n higher among women ages 15 to 24 than it is among men in that \n same age group.\n (3) Women infected with HIV can transmit the infection to \n their infants during pregnancy, labor, delivery, or breast-\n feeding. The most effective way to interrupt mother-to-child \n transmission is to ensure that mothers are not infected in the \n first place.\n (4) Many women who become infected with HIV have just one \n sexual partner--their husband. Marriage is not necessarily \n effective protection against HIV, because to protect themselves \n from HIV, women have to rely on their male partners to be \n faithful or to use condoms. Many women, especially in the \n developing world, are unable to insist on mutual monogamy or \n negotiate condom use, particularly in long-term relationships.\n (5) Scientists are working on a promising new prevention \n tool that could slow down the spread of the HIV\/AIDS epidemic--\n microbicides. Formulated as gels, creams, tablets or rings, \n microbicides are being designed to stop the transmission of the \n pathogens that cause AIDS and other sexually transmitted \n infections (referred to in this section as ``STIs''). \n Microbicides could allow a woman to protect herself from \n disease.\n (6) Couples need a method of HIV protection that will allow \n them to conceive a child and start a family. No existing HIV \n prevention method also allows conception. Some microbicides in \n development may allow women to become pregnant while at the \n same time protecting them from infection.\n (7) According to UNICEF, worldwide, the lack of HIV\/AIDS \n prevention and treatment has left over 15,000,000 children as \n orphans. Of these, more than 12,000,000 live in sub-Saharan \n Africa. The number of AIDS orphans in sub-Saharan Africa alone \n is expected to grow to nearly 16,000,000 by 2010.\n (8) HIV prevention tools like microbicides could also be \n valuable for women in the United States, who account for an \n increasing proportion of new HIV and AIDS cases among \n Americans. Minority women in the United States are particularly \n affected. Both African-American and Latina women account for a \n disproportionate number of new AIDS cases, and HIV\/AIDS was the \n leading cause of death in 2002 for African-American women ages \n 25 to 34.\n (9) With nearly 20,000,000 new cases of sexually \n transmitted infections occurring every year, the United States \n has the highest STI rates of any industrialized nation. Like \n HIV, STIs pose significant health threats and costs, with young \n people and women bearing a disproportionate burden. Nearly half \n of new STI cases each year occur in people under 25 years of \n age with women both more vulnerable to infection and more \n likely to experience serious and lasting health consequences \n when they do become infected. Some microbicides could help \n prevent STIs.\n (10) HIV\/AIDS threatens national and global security. \n Beyond its burdens on individuals, families, and communities, \n the pandemic reduces economic growth, decimates health budgets, \n undermines civil society, and burdens the armed forces of many \n nations, including the United States military.\n (11) The microbicide field has gained considerable \n scientific momentum. Several first-generation products are in \n large-scale human trials to measure effectiveness, and new \n products based on recent advances in HIV treatment are well \n into safety trials.\n (12) Microbicides are a public health good with potential \n for large social benefits but limited economic incentives for \n private investment, so that public funding is required to fill \n the gap. As is the case for vaccines and other public goods, \n microbicide development must depend heavily on government \n leadership and investment.\n (13) The Federal Government needs to make a strong \n commitment to microbicide research and development. Three \n agencies, the National Institutes of Health, Centers for \n Disease Control and Prevention, and United States Agency for \n International Development, have played important roles in the \n progress to date, and each makes a valuable and unique \n contribution. As the primary Federal agency for conducting and \n supporting medical research and the largest single Federal \n Government contributor to microbicide research, the National \n Institutes of Health supports the Microbicide Trials Network as \n well as other important research activities. The United States \n Agency for International Development sustains strong \n partnerships with public and private organizations working on \n microbicide research, including trials in developing countries \n where its experience is extensive, and is well positioned to \n facilitate introduction of microbicides once available. The \n Centers for Disease Control and Prevention has a long history \n of conducting field trials in developing countries, but the \n extent of its current engagement remains quite limited.\n (14) According to the National Institutes of Health's \n strategic plan, microbicides may provide ``one of the most \n promising primary preventative interventions that could be \n safe, effective, readily available, affordable, and widely \n acceptable''. In a recent report to Congress, the United States \n Agency for International Development states that ``the US \n government is firmly committed to accelerating the development \n of safe and effective microbicides to prevent HIV''. In \n addition, the President's Emergency Plan for AIDS Relief \n recognizes the urgency of developing safe and effective \n microbicides.\n (15) The National Institutes of Health, United States \n Agency for International Development, and the Centers for \n Disease Control and Prevention have expanded their microbicide \n portfolios, but overall Federal leadership and coordination is \n required to eliminate costly inefficiencies and unproductive \n duplication of effort.\n (16) HIV prevention options available as of 2006 are \n insufficient in general. Most critically, they fail to \n recognize women's particular needs and vulnerabilities. If \n women are to have a genuine opportunity to protect themselves, \n their best option is the rapid development of new HIV-\n prevention technologies like microbicides, which women can \n initiate.\n\n TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH\n\nSEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR \n PREVENTING TRANSMISSION OF HIV\/AIDS AND OTHER DISEASES.\n\n Subpart I of part D of title XXIII of the Public Health Service Act \n(42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351 \nthe following:\n\n``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV\/AIDS AND \n OTHER DISEASES.\n\n ``(a) Federal Strategic Plan.--\n ``(1) In general.--The Director of the Office of AIDS \n Research shall--\n ``(A) expedite the implementation of a Federal \n strategic plan for the conduct and support of \n microbicide research and development; and\n ``(B) annually review and, as appropriate, revise \n such plan, to prioritize funding and activities in \n terms of their scientific urgency.\n ``(2) Coordination.--In implementing, reviewing, and \n prioritizing elements of the plan described under paragraph \n (1), the Director of the Office of AIDS Research shall \n coordinate with--\n ``(A) other Federal agencies, including the \n Director of the Centers for Disease Control and \n Prevention and the Administrator of the United States \n Agency for International Development, involved in \n microbicide research;\n ``(B) the microbicide research and development \n community; and\n ``(C) health advocates.\n ``(b) Expansion and Coordination of Activities.--The Director of \nthe Office of AIDS Research, acting in coordination with relevant \ninstitutes and offices, shall expand, intensify, and coordinate the \nactivities of all appropriate institutes and components of the National \nInstitutes of Health with respect to research and development of \nmicrobicides to prevent the transmission of the human immunodeficiency \nvirus (`HIV') and other sexually transmitted infections.\n ``(c) Microbicide Development Branch.--In carrying out subsection \n(b), the Director of the National Institute of Allergy and Infectious \nDiseases shall establish within the Division of AIDS in the Institute, \na clearly defined organizational branch charged with carrying out \nmicrobicide research and development. In establishing such branch, the \nDirector shall ensure that there are a sufficient number of employees \ndedicated to carrying out its mission.\n ``(d) Microbicide Clinical Trials.--In carrying out subsection (c), \nthe Director of the National Institute of Allergy and Infectious \nDiseases shall assign priority to ensuring adequate funding and support \nfor the Microbicide Trials Network and other programs for supporting \nmicrobicides clinical trials, with particular emphasis on \nimplementation of trials leading to product licensure.\n ``(e) Reports to Congress.--\n ``(1) In general.--Not later than 6 months after the date \n of enactment of the Microbicide Development Act, and annually \n thereafter, the Director of the Office of AIDS Research shall \n submit to the appropriate committees of Congress a report that \n describes the strategies being implemented by the Federal \n Government regarding microbicide research and development.\n ``(2) Contents of reports.--Each report submitted under \n paragraph (1) shall include--\n ``(A) a description of activities with respect to \n microbicide research and development conducted and \n supported by the Federal Government;\n ``(B) a summary and analysis of the expenditures \n made by the Director of the Office of AIDS Research \n during the preceding year for activities with respect \n to microbicide-specific research and development, \n including basic research, preclinical product \n development, clinical trials, and behavioral science; \n and\n ``(C) a description and evaluation of the progress \n made, during the preceding year, toward the development \n of effective microbicides.\n ``(3) Appropriate committees of congress defined.--In this \n subsection, the term `appropriate committees of Congress' means \n the Committee on Health, Education, Labor, and Pensions and the \n Committee on Appropriations of the Senate and the Committee on \n Energy and Commerce and the Committee on Appropriations of the \n House of Representatives.\n ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for each fiscal year to \ncarry out this section.''.\n\n TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND \n PREVENTION\n\nSEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV\/AIDS AND \n OTHER DISEASES.\n\n Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317S the following:\n\n``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV\/AIDS AND \n OTHER DISEASES.\n\n ``(a) Development and Implementation of the Centers for Disease \nControl and Prevention's Microbicide Agenda.--The Director of the \nCenters for Disease Control and Prevention shall fully implement such \nCenters' microbicide agenda to support microbicide research and \ndevelopment. Such an agenda shall include--\n ``(1) conducting laboratory research in preparation for, \n and support of, clinical microbicide trials; and\n ``(2) conducting behavioral research in preparation for, \n and support of, clinical microbicide trials.\n ``(b) Personnel.--The Centers for Disease Control and Prevention \nshall ensure that there are sufficient numbers of dedicated employees \nfor carrying out the microbicide agenda under subsection (a).\n ``(c) Report to Congress.--\n ``(1) In general.--Not later than 1 year after the date of \n enactment of the Microbicide Development Act, and annually \n thereafter, the Director of the Centers for Disease Control and \n Prevention shall submit to the appropriate committees of \n Congress, a report on the strategies being implemented by the \n Centers for Disease Control and Prevention with respect to \n microbicide research and development. Such report shall be \n submitted alone or as part of the overall Federal strategic \n plan on microbicides compiled annually by the National \n Institutes of Health Office of AIDS Research as required under \n section 2351A.\n ``(2) Contents of report.--Such report shall include--\n ``(A) a description of activities with respect to \n microbicides conducted or supported by the Director of \n the Centers for Disease Control and Prevention;\n ``(B) a summary and analysis of the expenditures \n made by such Director during the preceding year, for \n activities with respect to microbicide-specific \n research and development, including the number of \n employees of such Centers involved in such activities; \n and\n ``(C) a description and evaluation of the progress \n made, during the preceding year, toward the development \n of effective microbicides.\n ``(3) Appropriate committees of congress defined.--For the \n purposes of this subsection, the term `appropriate committees \n of Congress' means the Committee on Health, Education, Labor, \n and Pensions and the Committee on Appropriations of the Senate \n and the Committee on Energy and Commerce and the Committee on \n Appropriations of the House of Representatives.\n ``(d) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for each fiscal year to \ncarry out this section.''.\n\n TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES \n AGENCY FOR INTERNATIONAL DEVELOPMENT\n\nSEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV\/AIDS AND \n OTHER DISEASES.\n\n Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C. \n2151b-2) is amended by adding at the end the following new subsection:\n ``(h) Microbicides for Preventing Transmission of HIV\/AIDS and \nOther Diseases.--\n ``(1) Development and implementation of the microbicide \n agenda.--The President shall direct the head of the Office of \n HIV\/AIDS of the United States Agency for International \n Development, in conjunction with other offices of such Agency, \n to develop and implement a program to support the development \n of microbicides for the prevention of the transmission of HIV\/\n AIDS and other diseases, and facilitate wide-scale availability \n of such products after such development.\n ``(2) Staffing.--The head of the Office of HIV\/AIDS shall \n ensure that the Agency has a sufficient number of dedicated \n employees to carry out the microbicide agenda.\n ``(3) Reports to congress.--\n ``(A) In general.--Not later than one year after \n the date of enactment of the Microbicide Development \n Act, and annually thereafter, the President shall \n submit to the appropriate congressional committees a \n report on the activities of the Agency to carry out the \n microbicide agenda and on any other activities carried \n out by the Agency related to microbicide research and \n development.\n ``(B) Contents of report.--Each report submitted \n under subparagraph (A) shall include--\n ``(i) a description of activities with \n respect to microbicides conducted or supported \n by the Agency;\n ``(ii) a summary and analysis of the \n expenditures made by the Agency during the \n preceding year for activities with respect to \n microbicide-specific research and development, \n including the number of employees of the Agency \n who are involved in such activities; and\n ``(iii) a description and evaluation of the \n progress made during the preceding year toward \n the development of effective microbicides, \n including activities in support of eventual \n product access.\n ``(C) Consultation.--The President shall consult \n with the Director of the Office of AIDS Research of the \n National Institutes of Health in preparing the report \n required under subparagraph (A).\n ``(D) Appropriate congressional committees \n defined.--In this paragraph, the term `appropriate \n congressional committees' means the Committee on \n Foreign Affairs and the Committee on Appropriations of \n the House of Representatives and the Committee on \n Foreign Relations and the Committee on Appropriations \n of the Senate.\n ``(4) Authorization of appropriations.--There are \n authorized to be appropriated to the Agency such sums as may be \n necessary for each fiscal year to carry out this subsection.''.","summary":"Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development. And (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases. Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development. And (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIVAIDS of the US Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIVAIDS and other diseases and facilitate wide-scale availability of such products.","title":"To amend the Public Health Service Act with respect to facilitating the development of microbicides for preventing transmission of HIV\/AIDS and other diseases, and for other purposes.","text_len":19732,"sum_len":1325} {"bill_id":"105_s1691","text":"SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.\n\n (a) Short Title.--This Act may be cited as the ``American Indian \nEqual Justice Act''.\n (b) Findings.--Congress finds that--\n (1) a universal principle of simple justice and accountable \n government requires that all persons be afforded legal remedies \n for violations of their legal rights;\n (2) the fifth amendment of the Constitution builds upon \n that principle by guaranteeing that ``. . . no person shall be \n deprived of life, liberty, or property without due process of \n law'';\n (3) sovereign immunity, a legal doctrine that has its \n origins in feudal England when it was policy that the ``King \n could do no wrong'', affronts that principle and is \n incompatible with the rule of law in democratic society;\n (4) for more than a century, the Government of the United \n States and the States have dramatically scaled back the \n doctrine of sovereign immunity without impairing their dignity, \n sovereignty, or ability to conduct valid government policies;\n (5) the only remaining governments in the United States \n that maintain and assert the full scope of immunity from \n lawsuits are Indian tribal governments;\n (6) according to the 1990 decennial census conducted by the \n Bureau of the Census, nearly half of the individuals residing \n on Indian reservations are non-Indian;\n (7) for the non-Indian individuals referred to in paragraph \n (6) and the thousands of people of the United States, Indian \n and non-Indian, who interact with tribal governments everyday, \n the rights to due process and legal remedy are constantly at \n risk because of tribal immunity;\n (8) by providing a complete shield from legal claims, the \n doctrine of sovereign immunity frustrates justice and provokes \n social tensions and turmoil inimical to social peace;\n (9) the Supreme Court has affirmed that Congress has clear \n and undoubted constitutional authority to define, limit, or \n waive the immunity of Indian tribes; and\n (10) it is necessary to address the issue referred to in \n paragraph (9) in order to--\n (A) secure the rights provided under the \n Constitution for all persons; and\n (B) uphold the principle that no government should \n be above the law.\n (c) Purpose.--The purpose of this Act is to assist in ensuring due \nprocess and legal rights throughout the United States and to strengthen \nthe rule of law by making Indian tribal governments subject to judicial \nreview with respect to certain civil matters.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Indian tribe.--The term ``Indian tribe'' means any \n Indian tribe or band with a governing body duly recognized by \n the Secretary of the Interior.\n (2) Tribal immunity.--The term ``tribal immunity'' means \n the immunity of an Indian tribe from jurisdiction of the \n courts, judicial review of an action of that Indian tribe, and \n other remedies.\n\nSEC. 3. COLLECTION OF STATE TAXES.\n\n Section 1362 of title 28, United States Code, is amended--\n (1) by inserting ``(a)'' before ``The district courts'';\n (2) by inserting ``(referred to in this section as an \n `Indian tribe')'' after ``Interior''; and\n (3) by adding at the end the following:\n ``(b)(1) An Indian tribe, tribal corporation, or member of an \nIndian tribe, shall collect, and remit to a State, any excise, use, or \nsales tax imposed by the State on nonmembers of the Indian tribe as a \nconsequence of the purchase of goods or services by the nonmember from \nthe Indian tribe, tribal corporation, or member.\n ``(2) A State may bring an action in a district court of the United \nStates to enforce the requirements under paragraph (1).\n ``(3) To the extent necessary to enforce this subsection with \nrespect to an Indian tribe, tribal corporation, or member of an Indian \ntribe, the tribal immunity of that Indian tribe, tribal corporation, or \nmember is waived.''.\n\nSEC. 4. INDIAN TRIBES AS DEFENDANTS.\n\n (a) Provisions To Parallel the Provisions That Are Popularly Known \nas the Tucker Act.--Section 1362 of title 28, United States Code, as \namended by section 3, is further amended by adding at the end the \nfollowing:\n ``(c)(1) The district courts of the United States shall have \noriginal jurisdiction in any civil action or claim against an Indian \ntribe, with respect to which the matter in controversy arises under the \nConstitution, laws, or treaties of the United States.\n ``(2) The district courts shall have jurisdiction of any civil \naction or claim against an Indian tribe for liquidated or unliquidated \ndamages for cases not sounding in tort that involve any contract made \nby the governing body of the Indian tribe or on behalf of an Indian \ntribe.\n ``(d) Subject to the provisions of chapter 171A, the district \ncourts shall have jurisdiction of civil actions in claims against an \nIndian tribe for money damages, accruing on or after the date of \nenactment of the American Indian Equal Justice Act for injury or loss \nof property, personal injury, or death caused by the negligent or \nwrongful act or omission of an Indian tribe under circumstances in \nwhich the Indian tribe, if a private individual or corporation would be \nliable to the claimant in accordance with the law of the State where \nthe act or omission occurred.\n ``(e) To the extent necessary to enforce this section, the tribal \nimmunity (as that term is defined in section 2 of the American Indian \nEqual Justice Act) of the Indian tribe (as that term is defined in such \nsection 2) involved is waived.''.\n\nSEC. 5. TORT CLAIMS PROCEDURE.\n\n (a) In General.--Part 6 of title 28, United States Code, is amended \nby inserting after chapter 171 the following:\n\n ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE\n\n``Sec.\n``2691. Definitions.\n``2692. Liability of Indian tribes.\n``2693. Compromise.\n``2694. Exceptions; waiver.\n``Sec. 2691. Definitions\n ``In this chapter:\n ``(1)(A) Subject to subparagraph (B), the term `employee of \n an Indian tribe' includes--\n ``(i) an officer or employee of an Indian tribe; \n and\n ``(ii) any person acting on behalf of an Indian \n tribe in an official capacity, temporarily or \n permanently, whether with or without compensation \n (other than an employee of the Federal Government or \n the government of a State or political subdivision \n thereof who is acting within the scope of the \n employment of that individual).\n ``(B) The term includes an individual who is employed by an \n Indian tribe to carry out a self-determination contract (as \n that term is defined in section 4(j) of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. \n 450b(j))).\n ``(2) The term `Indian tribe' means any Indian tribe or \n band with a governing body duly recognized by the Secretary of \n the Interior.\n``Sec. 2692. Liability of Indian tribes\n ``(a) An Indian tribe shall be liable, relating to tort claims, in \nthe same manner and to the same extent, as a private individual or \ncorporation under like circumstances, but shall not be liable for \ninterest before judgment or for punitive damages.\n ``(b) In any case described in subsection (a) in which a death was \ncaused and the law of the State where the act or omission complained of \noccurred provides for punitive damages, the Indian tribe shall, in lieu \nof being liable for punitive damages, be liable for actual or \ncompensatory damages resulting from that death to each person on behalf \nof whom action was brought.\n``Sec. 2693. Compromise\n ``The governing body of an Indian tribe or a designee of that \ngoverning body may arbitrate, compromise, or settle any claim \ncognizable under section 1362(d).\n``Sec. 2694. Exceptions; waiver\n ``(a) The provisions of this chapter and section 1362(d) shall not \napply to any case relating to a controversy relating to membership in \nan Indian tribe.\n ``(b) With respect to an Indian tribe, to the extent necessary to \ncarry out this chapter, the tribal immunity (as that term is defined in \nsection 2 of the American Indian Equal Justice Act) of that Indian \ntribe is waived.''.\n (b) Clerical Amendment.--The table of chapters for title 28, United \nStates Code, is amended by inserting after the item relating to chapter \n171 the following:\n\n``171A. Indian Tort Claims Procedure........................ 2691''.\n\nSEC. 6. INDIAN TRIBES AS DEFENDANTS IN STATE COURTS.\n\n (a) Consent to Suit in State Court.--Consent is hereby given to \ninstitute a civil cause of action against an Indian tribe in a court of \ngeneral jurisdiction of the State, on a claim arising within the State, \nincluding a claim arising on an Indian reservation or Indian country, \nin any case in which the cause of action--\n (1) arises under Federal law or the law of a State; and\n (2) relates to--\n (A) tort claims; or\n (B) claims for cases not sounding in tort that \n involve any contract made by the governing body of an \n Indian tribe or on behalf of an Indian tribe.\n (b) Tort Claims.--In any action brought in a State court for a tort \nclaim against an Indian tribe, that Indian tribe shall be liable to the \nsame extent as a private individual or corporation under like \ncircumstances, but shall not be liable for interest prior to judgment \nor for punitive damages.\n (c) Federal Consent.--Notwithstanding the provisions of the Act of \nAugust 15, 1953 (67 Stat. 588 et seq., chapter 505), section 1360 of \ntitle 28, United States Code, and sections 401 through 404 of the Civil \nRights Act of 1968 (25 U.S.C. 1321 through 1324) and section 406 of \nsuch Act (25 U.S.C. 1326) that require the consent of an Indian tribe \nfor a State to assume jurisdiction over matters of civil law, this \nsection constitutes full and complete consent by the United States for \na State court to exercise jurisdiction over any claim referred to in \nsubsection (a).\n (d) Removal.--An action brought under this section--\n (1) shall not be removable under section 1441 of title 28, \n United States Code; and\n (2) shall be considered to meet the requirements for an \n exception under section 1441(a) of title 28, United States \n Code.\n\nSEC. 7. INDIAN CIVIL RIGHTS.\n\n Title II of the Civil Rights Act of 1968 (commonly known as the \n``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by \nadding at the end the following:\n\n``SEC. 204. ENFORCEMENT.\n\n ``The district courts of the United States shall have jurisdiction \nin any civil rights action alleging a failure to comply with rights \nsecured by the requirements under this title. With respect to an Indian \ntribe, to the extent necessary to enforce this title, the tribal \nimmunity of that Indian tribe (as that term is defined in section 2 of \nthe American Indian Equal Justice Act) is waived.''.\n\nSEC. 8. APPLICABILITY.\n\n This Act and the amendments made under this Act shall apply to \ncases commenced against an Indian tribe on or after the date of \nenactment of this Act.","summary":"American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of US district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member. Permits a State to bring an action in a US district court to enforce the requirement. Grants US district courts: (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States. (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe. And (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Sets forth Indian tort claims procedure provisions. Excepts any case relating to a controversy about membership in an Indian tribe. Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action: (1) arises under Federal or State law. And (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe. Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. Amends title II of the Civil Rights Act of 1968 to grant US district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.","title":"American Indian Equal Justice Act","text_len":11676,"sum_len":2534} {"bill_id":"107_hr3001","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Displaced Older Worker Assistance \nAct of 2001''.\n\nSEC. 2. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS.\n\n (a) In General.--Part III of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to items specifically excluded \nfrom gross income) is amended by redesignating section 139 as section \n139A and by inserting after section 138 the following new section:\n\n``SEC. 139. SEVERANCE PAYMENTS.\n\n ``(a) In General.--In the case of an individual, gross income shall \nnot include any qualified severance payment.\n ``(b) Limitations.--\n ``(1) Amount.--The amount to which the exclusion under \n subsection (a) applies shall not exceed--\n ``(A) $15,000, with respect to any separation from \n employment, reduced by\n ``(B) the aggregate amount excluded from gross \n income under subsection (a) in prior taxable years.\n ``(2) Years to which exclusion applies.--No qualified \n severance payment shall be excluded from gross income under \n subsection (a) unless such payment is received in the taxable \n year in which separation from employment occurs or in one of \n the two succeeding taxable years.\n ``(c) Qualified Severance Payment.--For purposes of this section, \nthe term `qualified severance payment' means any payment received by an \nindividual if--\n ``(1) such payment was paid by such individual's employer \n on account of such individual's separation from employment, and\n ``(2) such individual received a written notice from such \n employer indicating that such payment is a severance payment.''\n (b) Clerical Amendment.--The table of sections for part III of \nsubchapter B of chapter 1 of such Code is amended by striking the item \nrelating to section 139 and inserting the following new items:\n\n ``Sec. 139. Severance payments.\n ``Sec. 139A. Cross references to other \n Acts.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\nSEC. 3. REFUNDABLE CREDIT FOR RETRAINING EXPENSES FOR CERTAIN OLDER \n LONG-TIME EMPLOYEES WHO ARE LAID OFF.\n\n (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES \n WHO ARE LAID OFF.\n\n ``(a) Allowance of Credit.--In the case of an eligible individual, \nthere shall be allowed as a credit against the tax imposed by this \nsubtitle an amount equal to the qualified job training expenses which \nare paid or incurred during the taxable year.\n ``(b) Maximum Credit.--The amount of qualified job training \nexpenses of an individual which may be taken into account under \nsubsection (a) with respect to a reduction in a work force for the \ntaxable year shall not exceed $2,000, reduced by the amount of such \nexpenses which were taken into account under subsection (a) (or would \nhave been so taken into account but for subsection (c)) with respect to \nsuch reduction for all prior taxable years.\n ``(c) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The dollar amount contained in \n subsection (b) shall be reduced (but not below zero) by an \n amount which bears the same ratio to such limitation as--\n ``(A) the excess of--\n ``(i) the taxpayer's adjusted gross income \n for such taxable year, over\n ``(ii) the applicable dollar amount, bears \n to\n ``(B) $20,000.\n ``(2) Rounding.--Any amount determined under paragraph (1) \n which is not a multiple of $10 shall be rounded to the next \n lowest $10.\n ``(3) Applicable dollar amount.--For purposes of this \n subsection, the term `applicable dollar amount' means--\n ``(A) in the case of a taxpayer filing a joint \n return, $100,000,\n ``(B) in the case of any other taxpayer (other than \n a married individual filing a separate return), \n $75,000, and\n ``(C) in the case of a married individual filing a \n separate return, $50,000.\n A rule similar to the rule of section 219(g)(4) shall apply for \n purposes of this paragraph.\n ``(d) Definitions.--For purposes of this section--\n ``(1) Eligible individual.--The term `eligible individual' \n means any individual if--\n ``(A) during the taxable year or the preceding \n taxable year, such individual separated from employment \n in connection with a reduction in the work force of \n such individual's employer (other than a seasonal \n reduction), and\n ``(B) as of the date of such separation, such \n individual had attained age 50.\n ``(2) Qualified job training expenses.--\n ``(A) In general.--The term `qualified job training \n expenses' means--\n ``(i) tuition and fees required for the \n enrollment or attendance of the eligible \n individual--\n ``(I) at an eligible educational \n institution, or\n ``(II) in an applicable training \n program,\n ``(ii) fees, books, supplies, and equipment \n required for an eligible individual for--\n ``(I) courses of instruction at an \n eligible educational institution, or\n ``(II) an applicable training \n program, and\n ``(iii) a reasonable allowance for meals \n and lodging while attending an eligible \n educational institution or an applicable \n training program.\n ``(B) Eligible educational institution.--The term \n `eligible educational institution' means--\n ``(i) an institution of higher education \n (as defined in section 101 or 102 of the Higher \n Education Act of 1965), or\n ``(ii) an area vocational technical \n education school (as defined in subparagraph \n (C) or (D) of section 3(3) of the Carl D. \n Perkins Vocational and Technical Education Act \n of 1998) to the extent such school is located \n within any State (as defined in section 3 of \n such Act).\n ``(C) Applicable training program.--The term \n `applicable training program' means--\n ``(i) any program under the Carl D. Perkins \n Vocational and Technical Education Act of 1998, \n chapter 5 of subtitle B of title I of the \n Workforce Investment Act of 1998, or the \n Wagner-Peyser Act, and\n ``(ii) any training program approved under \n section 236 of the Trade Act of 1974.''\n (b) Technical Amendments.--\n (1) Paragraph (2) of section 1324(b) of title 31, United \n States Code, is amended by inserting ``from section 35 of such \n Code, or'' after ``1978,''.\n (2) The table of sections for subpart C of part IV of \n subchapter A of chapter 1 of such Code is amended by striking \n the last item and inserting the following new items:\n\n ``Sec. 35. Retraining expenses for \n certain older long-time \n employees who are laid off.\n ``Sec. 36. Overpayments of tax.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 4. STUDY ON SPECIAL NEEDS OF DISPLACED OLDER WORKERS.\n\n (a) In General.--The Comptroller General of the United States, in \ncollaboration with the Secretary of Labor and the head of any other \nFederal agency offering a job training or retraining program, shall \nconduct a study on the special needs of displaced older workers. The \nstudy shall--\n (1) examine the unique differences in needs and challenges \n that older workers face when finding a new job after a layoff \n or work separation in comparison to younger workers facing such \n challenges;\n (2) include an assessment of whether existing Federal job \n training or retraining programs adequately serve and meet the \n special needs and challenges of older workers;\n (3) include an assessment of whether older workers are \n disproportionately impacted by job losses attributable to \n international trade; and\n (4) include an assessment of the financial incentives for \n typical private firms to invest in worker training for older \n workers in comparison to such incentives for younger workers.\n (b) Submission of Reports to Congress.--\n (1) Final report.--Not later than 2 years after the date of \n the enactment of this Act, the Comptroller General shall submit \n to the Congress a report on the study required by subsection \n (a). The report shall include such legislative and \n administrative recommendations as the Comptroller General \n determines are necessary or appropriate to improve the \n effectiveness of existing Federal programs in serving the needs \n of displaced older workers.\n (2) Interim report.--Not later than 6 months after the date \n of the enactment of this Act, the Comptroller General shall \n submit to the Congress an interim report with respect to the \n study required by this section.\n (c) Older Worker Defined.--For purposes of this section, the term \n``older worker'' means an individual who is in or desires to be in the \nworkforce and who has attained age 50.","summary":"Displaced Older Worker Assistance Act of 2001-Amends the Internal Revenue Code to: (1) exclude certain severance payments from income. And (2) allow as a credit qualified job retraining expenses for certain older long-time employees who are laid off. Directs the Comptroller General of the United States to study the special needs of displaced older workers.","title":"To amend the Internal Revenue Code of 1986 to exclude certain severance payments from gross income and to allow a refundable credit for job training expenses of older long-time employees who are laid off.","text_len":10913,"sum_len":358} {"bill_id":"115_hr2523","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Preserve Rights Of States and \nPolitical subdivisions to Encourage Retirement Savings Act'' or the \n``PROSPERS Act''.\n\nSEC. 2. DEFINITIONS.\n\n Section 3 of the Employee Retirement Income Security Act of 1974 \n(29 U.S.C. 1002) is amended--\n (1) in paragraph (2)--\n (A) in subparagraph (A), by striking ``subparagraph \n (B)'' and inserting ``subparagraphs (B) and (C)''; and\n (B) by adding at the end the following:\n ``(C)(i) The terms `employee pension benefit plan' and `pension \nplan' do not include an individual retirement plan (as defined in \nsection 7701(a)(37) of the Internal Revenue Code of 1986) established \nand maintained pursuant to a payroll deduction savings program of a \nState or qualified political subdivision of a State, provided that--\n ``(I) the program is specifically established pursuant to \n State or qualified political subdivision law;\n ``(II) the program is implemented and administered by the \n State or qualified political subdivision establishing the \n program (or by a governmental agency or instrumentality of \n either), which is responsible for investing the employee \n savings or for selecting investment alternatives for employees \n to choose;\n ``(III) the State or qualified political subdivision (or \n governmental agency or instrumentality of either) assumes \n responsibility for the security of payroll deductions and \n employee savings, including by requiring that amounts withheld \n from wages by the employer be transmitted to the program \n promptly and by providing an enforcement mechanism to assure \n compliance with this requirement;\n ``(IV) the State or qualified political subdivision (or \n governmental agency or instrumentality of either) adopts \n measures to ensure that employees are notified of their rights \n under the program, and creates a mechanism for enforcement of \n those rights;\n ``(V) participation in the program is voluntary for \n employees;\n ``(VI) all rights of the employee, former employee, or \n beneficiary under the program are enforceable only by the \n employee, former employee, or beneficiary, an authorized \n representative of such a person, or by the State or qualified \n political subdivision (or governmental agency or \n instrumentality of either);\n ``(VII) the involvement of the employer is limited to--\n ``(aa) collecting employee contributions through \n payroll deductions and remitting them to the program;\n ``(bb) providing notice to the employees and \n maintaining records regarding the employer's collection \n and remittance of payments under the program;\n ``(cc) providing information to the State or \n qualified political subdivision (or governmental agency \n or instrumentality of either) necessary to facilitate \n the operation of the program; and\n ``(dd) distributing program information to \n employees from the State or qualified political \n subdivision (or governmental agency or instrumentality \n of either) and permitting the State or qualified \n political subdivision (or governmental agency or \n instrumentality of either) to publicize the program to \n employees;\n ``(VIII) the employer contributes no funds to the program \n and provides no bonus or other monetary incentive to employees \n to participate in the program;\n ``(IX) the employer's participation in the program is \n required by the law of the State law or qualified political \n subdivision;\n ``(X) the employer has no discretionary authority, control, \n or responsibility under the program; and\n ``(XI) the employer receives no direct or indirect \n consideration in the form of cash or otherwise, other than \n consideration (including tax incentives and credits) received \n directly from the State or qualified political subdivision (or \n governmental agency or instrumentality of either) that does not \n exceed an amount that reasonably approximates the employer's \n (or a typical employer's) costs under the program.\n ``(ii) A State savings program will not fail to satisfy the \nrequirements of subclauses (I) through (XI) of clause (i) merely \nbecause the program--\n ``(I) is directed toward those employers that do not offer \n some other workplace savings arrangement;\n ``(II) utilizes one or more service or investment providers \n to operate and administer the program, provided that the State \n (or governmental agency or instrumentality of the State) \n retains full responsibility for the operation and \n administration of the program; or\n ``(III) treats employees as having automatically elected \n payroll deductions in an amount or percentage of compensation, \n including any automatic increases in such amount or percentage, \n unless the employee specifically elects not to have such \n deductions made (or specifically elects to have the deductions \n made in a different amount or percentage of compensation \n allowed by the program), provided that the employee is given \n adequate advance notice of the right to make such elections and \n provided, further, that a program may also satisfy the \n requirements of such subclauses (I) through (XI) without \n requiring or otherwise providing for automatic elections such \n as those described in this subclause.\n ``(iii) For purposes of this subparagraph, the term ``qualified \npolitical subdivision'' means any governmental unit of a State, \nincluding a city, county, or similar governmental body, that--\n ``(I) has the authority, implicit or explicit, under State \n law to require employers' participation in the program as \n described in clause (i); and\n ``(II) at the time of the establishment of the political \n subdivision's payroll deduction savings program--\n ``(aa) has a population equal to or greater than \n the population of the least populated State (excluding \n the District of Columbia and territories listed in \n paragraph (10));\n ``(bb) has no geographic overlap with any other \n political subdivision that has enacted a mandatory \n payroll deduction savings program for private-sector \n employees and is not located in a State that has \n enacted such a program statewide; and\n ``(cc) has implemented and administers a plan, \n fund, or program that provides retirement income to its \n employees, or results in a deferral of income by its \n employees for periods extending to the termination of \n covered employment or beyond.\n ``(iv) For purposes of clause (i)(III), amounts withheld from an \nemployee's wages by the employer are deemed to be transmitted promptly \nif such amounts are transmitted to the program as of the earliest date \non which such contributions can reasonably be segregated from the \nemployer's general assets, but in no event later than the last day of \nthe month following the month in which such amounts would otherwise \nhave been payable to the employee in cash.''.","summary":"Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees.","title":"Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act","text_len":7877,"sum_len":793} {"bill_id":"110_hr4231","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Veterans Health Care Access \nAct of 2007''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) One out of every six veterans who have returned from \n serving in Operation Enduring Freedom or Operation Iraqi \n Freedom have diagnosable post-traumatic stress disorder.\n (2) The Department of Veterans Affairs and the Department \n of Defense face a shortfall of trained mental health \n professionals.\n (3) The demands placed on the Department of Veterans \n Affairs health care system exceed the capacity of that system \n to serve veterans.\n (4) Veterans who live in rural areas serviced by distant \n Department of Veterans Affairs facilities have no option other \n than excessive travel for diagnosis and long-term treatment.\n (5) The variety of mental ailments acquired during or as a \n result of deployment in a war zone frequently require long-\n term, intensive, and highly-personalized care.\n (6) The system of the Veterans Health Administration of the \n Department of Veterans Affairs in effect as of the date of the \n enactment of this Act for providing long-term mental health \n care creates unnecessary and unacceptable stress for veterans \n and the Department of Veterans Affairs.\n (7) The long-term needs associated with mental health \n conditions require a positive change in the way the Department \n of Veterans Affairs provides mental health services.\n\nSEC. 3. PILOT PROGRAM TO PROVIDE MENTAL HEALTH SERVICES TO CERTAIN \n VETERANS OF CONTINGENCY OPERATIONS.\n\n (a) Establishment.--The Secretary of Veterans Affairs shall \nestablish and carry out a pilot program to provide mental health \ncounseling to eligible veterans at facilities other than medical \nfacilities of the Department of Veterans Affairs.\n (b) Eligible Veteran.--For purposes of this section, the term \n``eligible veteran'' means a veteran who--\n (1) served on active duty in support of a contingency \n operation, as that term is defined in section 101(13) of title \n 10, United States Code;\n (2) is eligible to receive hospital care and medical \n services under section 1710 of title 38, United States Code;\n (3) has been diagnosed with a mental health condition for \n which a certified mental health provider has recommended the \n veteran receive mental health counseling; and\n (4) resides at least 30 miles from a medical facility of \n the Department of Veterans Affairs that employs a full-time \n mental health professional.\n (c) Provision of Vouchers.--\n (1) Vouchers.--\n (A) Six month supply.--Under the pilot program \n established under subsection (a), upon the request of \n an eligible veteran, the Secretary of Veterans Affairs \n shall issue to the eligible veteran a six-month supply \n of vouchers that may be used to provide for full \n payment for counseling services provided by any mental \n health provider on the list established under paragraph \n (2).\n (B) Additional vouchers.--If a veteran receives a \n supply of vouchers under the preceding sentence and, \n not later than five months after receiving such \n vouchers requests an additional six-month supply of \n vouchers, the Secretary may issue to the veteran an \n additional six-month supplies of vouchers, as the \n Secretary determines is appropriate.\n (C) Deadline.--The Secretary of Veterans Affairs \n shall issue the vouchers under this paragraph not later \n than 30 days after the date of the date on which the \n veteran requests the vouchers.\n (2) List of service providers.--The Secretary shall compile \n and maintain a list of mental health care providers, including \n family counseling providers, who have entered into an agreement \n with the Secretary to accept the vouchers issued under \n paragraph (1) as payment in full for visits to the provider for \n mental health counseling.\n (3) Compliance with department protocols.--Each mental \n health care provider on the list maintained by the Secretary \n under paragraph (2) shall comply with applicable protocols of \n the Department of Veterans Affairs before incurring any \n liability on behalf of the Department for the provision of \n services as part of the pilot program.\n (d) Family Counseling.--If a certified mental health provider or \nthe Secretary of Veterans Affairs has recommended that an eligible \nveteran and the veteran's family receive family counseling, that \nveteran may use a voucher provided under subsection (c) as payment in \nfull for visits to a family counseling provider on the list maintained \nunder paragraph (2) of such subsection for such counseling.\n (e) Rate of Provider Reimbursement.--The Secretary of Veterans \nAffairs shall provide for payment under the voucher of a mental health \nprovider at the reimbursement rate (if any) in effect under the TRICARE \nprogram under chapter 55, of title 10, United States Code, for such \nservices (or similar services) of such a provider in the area or, in \nthe absence of such a reimbursement rate, at the payment rates for such \nservices (or similar services) in effect under part B of title XVIII of \nthe Social Security Act. In order to receive payment under a voucher, a \nmental health provider shall submit to the Secretary the voucher \nbearing the signature of the provider and the veteran who received \ncounseling from the provider in exchange for the voucher.\n (f) Veterans Integrated Service Networks.--The Secretary shall \ncarry out the pilot program under this section in Veterans Integrated \nService Networks 1, 4, 7, 12, 17, 20, and 23.\n (g) Termination; Extension.--\n (1) Termination.--The authority of the Secretary to carry out a \npilot program under this subsection shall terminate on the date that is \nfive years after the date of enactment of this section.\n (2) Study; Extension.--Not later than four years after the date of \nthe enactment of this Act, the Secretary of Veterans Affairs shall \nconduct a study on the effectiveness of the pilot program under this \nsection, in which the Secretary shall recommend whether the program \nshould be extended or expanded. Notwithstanding paragraph (1), if the \nSecretary determines the program should be extended or expanded, the \nSecretary may extend or expand the existing program.","summary":"Rural Veterans Health Care Access Act of 2007 - Directs the Secretary of Veterans Affairs (Secretary) to establish and implement a pilot program to provide mental health counseling services to eligible veterans at non-Department of Veterans Affairs (VA) medical facilities. Defines eligible veteran as one who: (1) served on active duty in support of a contingency operation, (2) is eligible to receive hospital care and medical services. (3) has been diagnosed with a mental health condition and recommended to receive mental health counseling. And (4) resides at least 30 miles from a VA medical facility that employs a full-time mental health professional. Requires the Secretary to issue to an eligible veteran a six-month supply of vouchers to be used to pay for counseling services provided by the mental health provider. Requires the Secretary to conduct a study on the effectiveness of the pilot program.","title":"To direct the Secretary of Veterans Affairs to carry out a pilot program to provide mental health services to certain veterans of Operation Enduring Freedom and Operation Iraqi Freedom.","text_len":6914,"sum_len":912} {"bill_id":"110_hr502","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prosperous and Secure Neighbor \nAlliance Act of 2007''.\n\nSEC. 2. FINDINGS; STATEMENT OF POLICY.\n\n (a) Findings.--Congress finds the following:\n (1) An alarming increase in illicit drugs and drug-related \n violence in Mexico and on the United States-Mexico border has \n made life gradually more difficult for Americans living in \n border communities.\n (2) The precarious security situation on the United States-\n Mexico border has also had a broader negative impact in the \n United States with illicit drugs continuing to get into the \n hands of our Nation's children.\n (3) United States Director of National Intelligence John \n Negroponte named Mexico in the Annual Threat Assessment of the \n Director of National Intelligence for the Senate Select \n Committee on Intelligence (February 2, 2006) as a country of \n concern regarding the capacity of drug trafficking \n organizations to undermine already weak state authority.\n (4) As a neighbor and as the second largest trading partner \n of the United States, Mexico deserves the support of the United \n States in taking steps to improve security and promote economic \n development in Mexico.\n (b) Statement of Policy.--It is, therefore, the policy of the \nUnited States to increase United States foreign assistance to improve \nsecurity and promote economic development in Mexico, both of which are \ncrucial to more effectively combat illicit drugs and drug-related \nviolence and other criminal activities in Mexico and the United States.\n\nSEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.\n\n Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et \nseq) is amended by adding at the end the following:\n\n ``CHAPTER 13--ASSISTANCE TO IMPROVE SECURITY AND PROMOTE ECONOMIC \n DEVELOPMENT IN MEXICO\n\n``SEC. 499H. AUTHORIZATION OF ASSISTANCE.\n\n ``(a) In General.--The President, acting through the Director of \nForeign Assistance, shall provide assistance to improve security and \npromote economic development in Mexico by--\n ``(1) professionalizing Mexican law enforcement personnel \n to prepare such law enforcement personnel to more effectively \n combat illicit drugs and drug-related violence and other \n criminal activities, including by providing funding to \n coordinate United States and Mexican efforts to find missing \n United States citizens and to carry out DNA testing and \n forensic examinations;\n ``(2) providing technology to assist Mexican law \n enforcement personnel to more effectively combat illicit drugs \n and drug-related violence;\n ``(3) strengthening the Mexican judicial branch through the \n training of judges and prosecutors;\n ``(4) supporting anti-corruption programs in Mexico, \n including the vetting of Mexican law enforcement personnel who \n are working with United States Government personnel; and\n ``(5) reducing poverty through targeted funding to enhance \n social development in Mexico, including micro-lending and trade \n capacity building.\n ``(b) Terms and Conditions.--Assistance under this chapter may be \nprovided on such terms and conditions as the President may determine.\n\n``SEC. 499I. EVALUATION.\n\n ``The President shall conduct an annual evaluation of the results \nof the specific programs, projects, and activities carried out under \nthis chapter during the preceding year in order to ensure transparency \nand accountability, including transparency and accountability of \nrecipients of assistance provided under this chapter.\n\n``SEC. 499J. REPORT.\n\n ``The President shall prepare and transmit to the Committee on \nInternational Relations of the House of Representatives, the Committee \non Foreign Relations of the Senate, and other appropriate congressional \ncommittees an annual report on the specific programs, projects, and \nactivities carried out under this chapter during the preceding year, \nincluding the evaluation conducted under section 499I.\n\n``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--There are authorized to be appropriated to the \nPresident to carry out this chapter $170,000,000 for each of the fiscal \nyears 2008 through 2012.\n ``(b) Additional Authorities.--Amounts appropriated pursuant to the \nauthorization of appropriations under subsection (a)--\n ``(1) are authorized to remain available until expended; \n and\n ``(2) are in addition to amounts otherwise available for \n such purposes.\n ``(c) Funding Limitation.--Not more than 5 percent of the amounts \nappropriated pursuant to the authorization of appropriations under \nsubsection (a) for a fiscal year may be used for administrative \nexpenses.\n ``(d) Sense of Congress.--It is the sense of Congress that, of the \namounts appropriated pursuant to the authorization of appropriations \nunder subsection (a) for a fiscal year--\n ``(1) $40,000,000 should be made available to carry out \n section 499H(a)(1);\n ``(2) $50,000,000 should be made available to carry out \n section 499H(a)(2);\n ``(3) $20,000,000 should be made available to carry out \n section 499H(a)(3);\n ``(4) $10,000,000 should be made available to carry out \n section 499H(a)(4); and\n ``(5) $50,000,000 should be made available to carry out \n section 499H(a)(5).''.\n\nSEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.\n\n Not later than 180 days after the date of the enactment of this \nAct, the Comptroller General of the United States shall submit to \nCongress a report that contains a description and analysis of the most \neffective strategies to reduce the demand for illicit drugs in the \nUnited States, specifically (but not limited to) strategies that reduce \nthe demand for illicit drugs produced in or transported through Mexico.","summary":"Prosperous and Secure Neighbor Alliance Act of 2007 - States that it is US policy to increase US foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance to improve security and promote economic development in Mexico by: (1) professionalizing Mexican law enforcement personnel, (2) providing technology to assist Mexican law enforcement personnel, (3) strengthening the Mexican judicial branch, (4) supporting anti-corruption programs in Mexico. And (5) reducing poverty through targeted funding to enhance social development in Mexico.","title":"To amend the Foreign Assistance Act of 1961 to authorize assistance to improve security and promote economic development in Mexico.","text_len":6135,"sum_len":789} {"bill_id":"106_hr2261","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Health Insurance Affordability and \nEquity Act of 1999''.\n\nSEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED \n INDIVIDUALS AND INDIVIDUALS WITH COBRA COVERAGE.\n\n (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to nonrefundable \npersonal credits) is amended by inserting after section 25A the \nfollowing new section:\n\n``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS \n AND INDIVIDUALS WITH COBRA COVERAGE.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this chapter for the \ntaxable year an amount equal to 60 percent of the amount paid during \nthe taxable year for coverage for the taxpayer, his spouse, and \ndependents under qualified health insurance.\n ``(b) Dollar Limitation.--\n ``(1) In general.--The amount allowed as a credit under \n subsection (a) to the taxpayer for the taxable year shall not \n exceed the sum of the monthly limitations for eligible months \n during such taxable year.\n ``(2) Monthly limitation.--The monthly limitation for any \n eligible month is the amount equal to \\1\/12\\ of--\n ``(A) $1,200 if, as of the first day of such month, \n the taxpayer has self-only coverage under qualified \n health insurance, and\n ``(B) $2,400 if, as of the first day of such month, \n the taxpayer has family coverage under qualified health \n insurance.\n ``(3) Eligible month.--For purposes of this subsection--\n ``(A) In general.--The term `eligible month' means \n any month which begins at least 1 year after the most \n recent month that the individual--\n ``(i) was eligible to participate in any \n group health plan of an employer which provided \n qualified health insurance (determined without \n regard to subsection (d)(2)), or\n ``(ii) participated in any group health \n plan of any other entity which provided such \n insurance.\n ``(B) Joint returns.--In the case of a joint \n return, a month shall be treated as an eligible month \n only if it is an eligible month of each spouse, \n determined by applying this paragraph separately to \n each spouse.\n ``(4) Certain other coverage.--Amounts paid for coverage of \n an individual for any month shall not be taken into account \n under subsection (a) if, as of the first day of such month, \n such individual is covered under any medical care program \n described in--\n ``(A) title XVIII, XIX, or XXI of the Social \n Security Act,\n ``(B) chapter 55 of title 10, United States Code,\n ``(C) chapter 17 of title 38, United States Code,\n ``(D) chapter 89 of title 5, United States Code, or\n ``(E) the Indian Health Care Improvement Act.\n ``(5) Special rule for married individuals.--In the case of \n an individual--\n ``(A) who is married (within the meaning of section \n 7703) as of the close of the taxable year but does not \n file a joint return for such year, and\n ``(B) who does not live apart from such \n individual's spouse at all times during the taxable \n year,\n the limitation under paragraph (2)(A) (and not the limitation \n under paragraph (2)(B)) shall apply to such individual.\n ``(c) Limitation Based on Adjusted Gross Income.--\n ``(1) In general.--The aggregate amount which would (but \n for this subsection) be allowed as a credit under this section \n shall be reduced (but not below zero) by the amount determined \n under paragraph (2).\n ``(2) Amount of reduction.--\n ``(A) In general.--The amount determined under this \n paragraph shall be the amount which bears the same \n ratio to such aggregate amount as--\n ``(i) the excess of--\n ``(I) the taxpayer's modified \n adjusted gross income for such taxable \n year, over\n ``(II) the applicable dollar \n amount, bears to\n ``(ii) $10,000.\n ``(B) Modified adjusted gross income.--For purposes \n of this paragraph, the term `modified adjusted gross \n income' means adjusted gross income increased by any \n amount excluded from gross income under section 911, \n 931, or 933.\n ``(C) Rounding.--Any amount determined under \n subparagraph (A) which is not a multiple of $10 shall \n be rounded to the next lowest $10.\n ``(3) Applicable dollar amount.--For purposes of paragraph \n (2), the term `applicable dollar amount' means--\n ``(A) $60,000 in the case of a taxpayer whose \n qualified health insurance coverage covers more than 1 \n individual referred to in subsection (a), and\n ``(B) $30,000--\n ``(i) in any case not described in \n subparagraph (A), and\n ``(ii) in the case of a married individual \n filing a separate return.\n For purposes of this paragraph, marital status shall be \n determined under section 7703.\n ``(d) Qualified Health Insurance.--For purposes of this section--\n ``(1) In general.--Except as otherwise provided in this \n paragraph, the term `qualified health insurance' means \n insurance which constitutes medical care, as defined in section \n 213(d) without regard to--\n ``(A) paragraph (1)(C) thereof, and\n ``(B) so much of paragraph (1)(D) thereof as \n relates to qualified long-term care insurance \n contracts.\n ``(2) Exclusion of coverage provided under group health \n plans, etc.--Such term shall not include insurance provided \n through any group health plan of an employer or any other \n entity.\n ``(3) Exclusion of certain other contracts.--Such term \n shall not include insurance if a substantial portion of its \n benefits are excepted benefits (as defined in section 9832(c)).\n ``(e) Individuals With COBRA Coverage.--In the case of continuation \ncoverage under a group health plan which is required to be provided by \nFederal law for an individual during the period specified in section \n4980B(f)(2)(B), notwithstanding subsection (d)--\n ``(1) such coverage shall be treated as qualified health \n insurance, and\n ``(2) the term `eligible month' includes months of such \n coverage.\n ``(f) Special Rules.--\n ``(1) Coordination with other deductions.--No credit shall \n be allowed under this section for the taxable year if any \n amount paid for qualified health insurance is taken into \n account in determining the deduction allowed for such year \n under section 213 or 222.\n ``(2) Denial of credit to dependents.--No credit shall be \n allowed under this section to any individual with respect to \n whom a deduction under section 151 is allowable to another \n taxpayer for a taxable year beginning in the calendar year in \n which such individual's taxable year begins.\n ``(3) Inflation adjustment.--\n ``(A) In general.--In the case of a taxable year \n beginning after 2000, each dollar amount in subsection \n (c)(3) shall be increased by an amount equal to--\n ``(i) such dollar amount, multiplied by\n ``(ii) the cost-of-living adjustment \n determined under section 1(f)(3) for the \n calendar year in which the taxable year begins, \n determined by substituting `calendar year 1999' \n for `calendar year 1992' in subparagraph (B) \n thereof.\n ``(B) Rounding.--If any amount as adjusted under \n subparagraph (A) is not a multiple of $100, such amount \n shall be rounded to the next lowest multiple of $100.''\n (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25A the following new \nitem:\n\n ``Sec. 25B. Health insurance costs of \n previously uninsured \n individuals and individuals \n with COBRA coverage.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1999.\n\nSEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND \n SELF-EMPLOYED INDIVIDUALS.\n\n (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions) is amended by redesignating section 222 as section 223 and \nby inserting after section 221 the following new section:\n\n``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE.\n\n ``(a) In General.--In the case of an individual, there shall be \nallowed as a deduction an amount equal to the applicable percentage of \nthe amount paid during the taxable year for coverage for the taxpayer, \nhis spouse, and dependents under qualified health insurance.\n ``(b) Applicable Percentage.--For purposes of subsection (a)--\n ``(1) In general.--Except as provided in paragraph (2), the \n applicable percentage shall be determined in accordance with \n the following table:\n\n ``For taxable years beginning\n The applicable\n in calendar year--\n percentage is--\n 2000................................... 60 \n 2001................................... 70 \n 2002................................... 80 \n 2003................................... 90 \n 2004 and thereafter.................... 100. \n ``(2) Special rule.--In the case of an individual who is an \n employee within the meaning of section 401(c)(1) and whose \n qualified health insurance is not provided through a group \n health plan of an employer, paragraph (1) shall be applied by \n substituting `100' for `90' but only with respect to the lesser \n of the taxpayer's earned income (within the meaning of section \n 401(c)) or the payments referred to in subsection (a).\n ``(c) Exclusion of Subsidized Coverage.--Subsection (a) shall not \napply to any taxpayer for any calendar month for which the taxpayer \nparticipates in any group health plan of an employer or any other \nentity if less than 50 percent of the cost of the taxpayer's coverage \nunder such plan is borne by the taxpayer. A rule similar to the rule of \nthe last sentence of section 162(l)(2)(B) shall apply for purposes of \nthis subsection.\n ``(d) Qualified Health Insurance.--For purposes of this section--\n ``(1) In general.--The term `qualified health insurance' \n has the meaning given such term by section 25B(d) determined \n without regard to paragraph (2) thereof.\n ``(2) Special rule.--\n ``(A) In general.--In the case of an individual who \n is an employee within the meaning of section 401(c)(1) \n and whose qualified health insurance (without regard to \n this paragraph) is not provided through a group health \n plan of an employer, paragraph (3) of section 25B(d) \n shall not apply for purposes of this section.\n ``(B) Limitation.--The amount taken into account \n under subsection (a) by reason of subparagraph (A) \n shall not exceed the excess of--\n ``(i) the taxpayer's earned income (within \n the meaning of section 401(c)), over\n ``(ii) the amount which would (without \n regard to this paragraph) be taken into account \n under subsection (a).\n ``(e) Special Rules.--\n ``(1) Coordination with medical deduction, etc.--Any amount \n paid by a taxpayer for insurance to which subsection (a) \n applies shall not be taken into account in computing the amount \n allowable to the taxpayer as a deduction under section 213(a).\n ``(2) Deduction not allowed for self-employment tax \n purposes.--The deduction allowable by reason of this section \n shall not be taken into account in determining an individual's \n net earnings from self-employment (within the meaning of \n section 1402(a)) for purposes of chapter 2.''\n (b) Conforming Amendments.--\n (1)(A) Paragraph (1) of section 162(l) of such Code is \n amended by striking ``the amount paid'' and all that follows \n and inserting ``the eligible long-term care premiums (as \n defined in section 213(d)(10)) paid during the taxable year for \n any qualified long-term care insurance contract (as defined in \n section 7702B(b)) covering the taxpayer, his spouse, and \n dependents.''\n (B) Paragraph (2) of section 162(l) of such Code is amended \n by striking subparagraph (C).\n (2) Subsection (a) of section 62 of such Code is amended by \n inserting after paragraph (17) the following new item:\n ``(18) Costs of qualified health insurance.--The deduction \n allowed by section 222.''\n (3) The table of sections for part VII of subchapter B of \n chapter 1 of such Code is amended by striking the last item and \n inserting the following new items:\n\n ``Sec. 222. Costs of qualified health \n insurance.\n ``Sec. 223. Cross reference.''\n (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 1999.","summary":"Allows as a deduction an amount equal to the applicable percentage of the amount paid for qualified health insurance coverage for a taxpayer, his spouse, and dependents. Increases, incrementally, the percentage from 60 percent in calendar year 2000 to 100 percent for calendar years 2004 and thereafter. Excludes coverage under which less than 50 percent of the cost of coverage is borne by the taxpayer.","title":"Health Insurance Affordability and Equity Act of 1999","text_len":15277,"sum_len":404} {"bill_id":"110_s1397","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Skilled Worker \nImmigration and Fairness Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. H-1B visas.\nSec. 3. Employment-based immigration.\nSec. 4. H-1B visa fraud and abuse protections.\n\nSEC. 2. H-1B VISAS.\n\n (a) Exemptions to Numerical Limitations.--\n (1) In general.--Section 214(g)(5) of the Immigration and \n Nationality Act (8 U.S.C. 1184(g)(5)) is amended--\n (A) in subparagraph (C), by striking ``until the \n number of aliens who are exempted from such numerical \n limitation during such year exceeds 20,000.'' and \n inserting ``or has been awarded a medical specialty \n certification based on post-doctoral training and \n experience in the United States; or''; and\n (B) by adding at the end the following:\n ``(D) has earned a masters or higher degree in \n science, technology, engineering, or mathematics from \n an institution of higher education outside of the \n United States.''.\n (2) Applicability.--The amendments made by paragraph (1) \n shall apply to--\n (A) any petition or visa application pending on the \n date of the enactment of this Act; and\n (B) any petition or visa application filed on or \n after such date.\n (b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C. \n1184(g)), as amended by subsection (a), is further amended--\n (1) in paragraph (1)--\n (A) in the matter preceding subparagraph (A), by \n striking ``(beginning with fiscal year 1992)''; and\n (B) in subparagraph (A), by striking clauses (i) \n through (vii) and inserting the following:\n ``(i) 115,000 in fiscal year 2007; and\n ``(ii) in fiscal year 2008, and in each subsequent \n fiscal year, the greater of--\n ``(I) 115,000; or\n ``(II) the number calculated under \n paragraph (9);'';\n (2) in paragraph (8)--\n (A) in subparagraph (B), by striking clause (iv); \n and\n (B) by striking subparagraph (D);\n (3) by redesignating paragraphs (9), (10), and (11) as \n paragraphs (10), (11), and (12), respectively; and\n (4) by inserting after paragraph (8) the following:\n ``(9) If the numerical limitation under paragraph (1)(A)--\n ``(A) is reached during a given fiscal year, the numerical \n limitation under paragraph (1)(A) for the subsequent fiscal \n year shall be equal to the lesser of--\n ``(i) 120 percent of the numerical limitation for \n the given fiscal year; or\n ``(ii) 180,000; and\n ``(B) is not reached during a given fiscal year, the \n numerical limitation under paragraph (1)(A) for the subsequent \n fiscal year shall be equal to the numerical limitation for the \n given fiscal year.''.\n\nSEC. 3. EMPLOYMENT-BASED IMMIGRATION.\n\n (a) In General.--Section 201(b)(1) of the Immigration and \nNationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end \nthe following:\n ``(F) Aliens who have earned a master's or higher degree \n from an accredited university in the United States.\n ``(G) Aliens who--\n ``(i) have earned an advanced degree in science, \n technology, engineering, or mathematics; and\n ``(ii) have been working in a related field in the \n United States under a nonimmigrant visa during the 3-\n year period preceding their application for an \n immigrant visa under section 203(b).\n ``(H) Aliens who--\n ``(i) are described in subparagraph (A) or (B) of \n section 203(b)(1); or\n ``(ii) have received a national interest waiver \n under section 203(b)(2)(B).\n ``(I) The immediate relatives of an alien who is admitted \n as an employment-based immigrant under section 203(b).''.\n (b) Adjustment of Status for Employment-Based Immigrants.--\n (1) In general.--Section 245 of the Immigration and \n Nationality Act (8 U.S.C. 1255) is amended by adding at the end \n the following:\n ``(n) Adjustment of Status to Employment-Based Immigrant.--\n ``(1) Eligibility.--An alien, and any eligible dependents \n of such alien, may file an application for adjustment of status \n with the Secretary of Homeland Security, whether or not an \n employment-based immigrant visa is immediately available at the \n time the application is filed, if--\n ``(A) a petition filed under subparagraph (E) or \n (F) of section 204(a)(1) on behalf of the alien has \n been approved; or\n ``(B) in the discretion of the Secretary, the \n adjudication of such petition is pending.\n ``(2) Visa availability.--An application filed under \n paragraph (1) may not be approved until the appropriate \n employment-based immigrant visa becomes available under section \n 203(b).\n ``(3) Fees.--If an employment-based immigrant visa is not \n available on the date on which an application is filed under \n paragraph (1), a supplemental fee of $500 shall be paid on \n behalf of the beneficiary of such application. Such fee may not \n be charged with respect to any dependent accompanying or \n following to join such beneficiary.\n ``(o) Extension of Employment Authorization and Advanced Parole \nDocument.--The Secretary of Homeland Security--\n ``(1) shall issue a 3-year employment authorization and 3-\n year advanced parole document to any beneficiary of an \n application for adjustment of status if a petition has been \n filed or is pending under subparagraph (E) or (F) of section \n 204(a)(1); and\n ``(2) may adjust fees assessed under this section in \n accordance to the 3-year period of validity assigned to the \n employment authorization or advanced parole documents issued \n under subparagraph (1).''.\n (2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356) \n is amended--\n (A) in subsection (m), by striking ``provisions of \n law, all adjudication fees'' and inserting ``provision \n of law, all adjudication fees and the fees collected \n under section 245(n)(3)''; and\n (B) in subsection (n)--\n (i) by striking ``All deposits'' and \n inserting the following: ``(1) Except as \n provided in paragraph (2), all deposits''; and\n (ii) by adding at the end the following:\n ``(2) All deposits in the Immigration Examinations Fee Account that \nwere originally collected under section 245(n)(3) shall be used to \nclear security background check delays.''.\n (c) Applicability.--The amendments made by subsections (a) and (b) \nshall apply to any visa application--\n (1) pending on the date of the enactment of this Act; or\n (2) filed on or after such date.\n\nSEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS.\n\n (a) Prohibition Against Advertising Exclusively to H-1B \nNonimmigrants.--Section 212(n)(1) of the Immigration and Nationality \nAct (8 U.S.C. 1182(n)(1)) is amended--\n (1) by redesignating subparagraph (G) as subparagraph (H);\n (2) by inserting after subparagraph (H), as redesignated, \n the following:\n ``(I) The employer has not advertised the available jobs \n specified in the application in an advertisement that states or \n indicates that--\n ``(i) the jobs are only available to persons who \n are, or may become, H-1B nonimmigrants; or\n ``(ii) persons will receive priority or preference \n in the hiring process because they are, or may become, \n H-1B nonimmigrants.''; and\n (3) in the undesignated paragraph at the end, by striking \n ``The employer'' and inserting the following:\n ``(K) The employer''.\n (b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of \nsuch Act, as amended by this section, is further amended by inserting \nafter subparagraph (I), as added by subsection (a)(1), the following:\n ``(J) If the employer employs 50 or more employees in the \n United States, not more than 50 percent of such employees are \n H-1B nonimmigrants.''.\n (c) Safeguards Against Fraud and Misrepresentation in Application \nReview Process.--Section 212(n)(1)(K) of such Act, as designated by \nsubsection (a)(2), is amended--\n (1) by inserting ``, clear indicators of fraud, \n misrepresentation of material fact,'' after ``completeness'';\n (2) by striking ``or obviously inaccurate'' and inserting \n ``, presents clear indicators of fraud or misrepresentation of \n material fact, or is obviously inaccurate''; and\n (3) by adding at the end the following: ``If the \n Secretary's review of an application identifies clear \n indicators of fraud or misrepresentation of material fact, the \n Secretary may conduct an investigation and hearing under \n paragraph (2).''.\n (d) Investigations by Department of Labor.--Section 212(n)(2) of \nsuch Act is amended--\n (1) in subparagraph (A), by striking ``12 months'' and all \n that follows and inserting ``24 months after the date of the \n failure or misrepresentation, respectively. Upon the receipt of \n such a complaint, the Secretary may initiate an investigation \n to determine if such a failure or misrepresentation has \n occurred.'';\n (2) in subparagraph (C)(i)--\n (A) by striking ``a condition of paragraph (1)(B), \n (1)(E), or (1)(F)'' and inserting ``a condition under \n subparagraph (B), (C), (E), (F), (H), (I), or (J) of \n paragraph (1)''; and\n (B) by striking ``paragraph (1)(C), (1)(D), or \n (1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or \n (G)(i)(I) of paragraph (1)'';\n (3) in subparagraph (G)--\n (A) in clause (i), by striking ``if the Secretary'' \n and all that follows and inserting ``with regard to the \n employer's compliance with the requirements under this \n subsection.'';\n (B) in clause (ii), by striking ``and whose \n identity'' and all that follows through ``failure or \n failures.'' and inserting ``the Secretary of Labor may \n conduct an investigation into the employer's compliance \n with the requirements under this subsection.'';\n (C) in clause (iii), by striking the last sentence;\n (D) by striking clauses (iv) and (v);\n (E) by redesignating clauses (vi), (vii), and \n (viii) as clauses (iv), (v), and (vi), respectively;\n (F) in clause (iv), as redesignated, by striking \n ``meet a condition'' and all that follows and inserting \n ``comply with the requirements under this subsection, \n unless the Secretary of Labor receives the information \n not later than 24 months after the date of the alleged \n failure.'';\n (G) by amending clause (v), as redesignated, to \n read as follows:\n ``(v) The Secretary of Labor shall provide notice to an employer of \nthe intent to conduct an investigation. The notice shall be provided in \nsuch a manner, and shall contain sufficient detail, to permit the \nemployer to respond to the allegations before an investigation is \ncommenced. The Secretary is not required to comply with this clause if \nthe Secretary determines that such compliance would interfere with an \neffort by the Secretary to investigate the employer or secure the \nemployer's compliance with this subsection. A determination by the \nSecretary under this clause is not subject to judicial review.'';\n (H) in clause (vi), as redesignated, by striking \n ``An investigation'' and all that follows through ``the \n determination.'' and inserting ``If the Secretary of \n Labor, after an investigation under clause (i) or (ii), \n determines that a reasonable basis exists to make a \n finding that the employer has failed to comply with the \n requirements under this subsection, the Secretary shall \n provide interested parties with notice of such \n determination and an opportunity for a hearing in \n accordance with section 556 of title 5, United States \n Code, not later than 120 days after the date of such \n determination.''; and\n (I) by adding at the end the following:\n ``(vii) If the Secretary of Labor, after a hearing, finds a \nreasonable basis to believe that the employer has violated a \nrequirement under this subsection, the Secretary may impose a penalty \nunder subparagraph (C).'';\n (4) by redesignating subparagraph (I) as subparagraph (J).\n (e) Additional Department of Labor Employees.--\n (1) In general.--The Secretary of Labor is authorized to \n hire 200 additional employees to administer, oversee, \n investigate, and enforce programs involving H-1B nonimmigrant \n workers.\n (2) Authorization of appropriations.--There are authorized \n to be appropriated such sums as may be necessary to carry out \n this subsection.\n (f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and \nNationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking \n``$500'' and inserting ``$1,000''.\n (g) Information Sharing Between Department of Labor and Department \nof Homeland Security.--Section 212(n)(2) of such Act, as amended by \nthis section, is further amended by inserting after subparagraph (H) \nthe following:\n ``(I) If any information contained in the materials submitted by \nemployers of H-1B nonimmigrants as part of the adjudication process \nindicates that the employer is not complying with the requirements \nunder this subsection, the Director of United States Citizenship and \nImmigration Services shall provide such information to the Secretary of \nLabor. The Secretary may initiate and conduct an investigation and \nhearing under this paragraph after receiving such information.''.\n (h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this \nsection, is further amended by adding at the end the following: ``The \nSecretary may conduct surveys regarding the degree to which employers \ncomply with the requirements under this subsection and may conduct \nannual compliance audits of employers of H-1B nonimmigrants. The \nSecretary shall conduct annual compliance audits of not less than 1 \npercent of the employers of H-1B nonimmigrants during the applicable \ncalendar year. The Secretary shall conduct annual compliance audits of \neach employer with more than 100 employees who work in the United \nStates if more than 15 percent of such employees are H-1B \nnonimmigrants.''.\n (i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by \nthis section, is further amended--\n (1) in clause (i)(I), by striking ``$1,000'' and inserting \n ``$2,000'';\n (2) in clause (ii)(I), by striking ``$5,000'' and inserting \n ``$10,000''; and\n (3) in clause (vi)(III), by striking ``$1,000'' and \n inserting ``$2,000''.\n (j) Information Provided to H-1B Nonimmigrants Upon Visa \nIssuance.--Section 212(n) of such Act, as amended by this section, is \nfurther amended by adding at the end the following:\n ``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the \nUnited States, the office processing the petition for such status shall \nprovide the applicant with--\n ``(i) a brochure outlining the employer's obligations and \n the employee's rights under Federal law, including labor and \n wage protections; and\n ``(ii) the contact information for Federal agencies that \n can offer more information or assistance in clarifying employer \n obligations and workers' rights.\n ``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside \nthe United States, the officer of the Department of State shall provide \nthe applicant with the items described in clauses (i) and (ii) of \nsubparagraph (A).''.","summary":"Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States. Or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States. Sets H-1B annual limits at: (1) 115,000 for FY2007. And (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation. Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment, (2) recipients of national interest waivers. And (3) immediate relatives of employment-based immigrants. Permits an alien to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved. Or (2) adjudication of such petition is pending. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation, (2) employer penalties, (3) Department of Labor investigations. (4) Department of Labor and Department of Homeland Security (DHS) information sharing, (5) information provided to an H-1B nonimmigrant upon visa issuance, (6) prohibiting H-1B-exclusive employment advertising. And (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50 H-1B nonimmigrant employees.","title":"A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.","text_len":17449,"sum_len":1704} {"bill_id":"106_hr2221","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Small Business, Family Farms, and \nConstitutional Protection Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n (a) Findings.--The Congress finds the following:\n (1) The provision of the Departments of Veterans Affairs \n and Housing and Urban Development, and Independent Agencies \n Appropriations Act, 1999, that prohibits the use of Federal \n funds to implement the Kyoto Protocol to the United Nations \n Framework Convention on Climate Change prior to its \n ratification should be extended and strengthened.\n (2) The Environmental Protection Agency claims that it has \n authority under the Clean Air Act to regulate carbon dioxide as \n a ``pollutant'', although the Administrator of the \n Environmental Protection Agency has not yet proposed to \n regulate carbon dioxide under the Act.\n (3) When the Congress enacted and amended the Clean Air \n Act, it did not delegate to the Environmental Protection Agency \n authority to regulate carbon dioxide. Such regulation would \n constitute a usurpation of legislative power.\n (4) Furthermore, regulation of carbon dioxide would \n necessarily have the effect of implementing the Kyoto Protocol.\n (5) Since a speech by the President on October 22, 1997, \n the Administration has called for enactment of a program \n commonly known as ``credit for early action'' or ``early action \n crediting'' as part of its global climate change policy.\n (6) Early action crediting is fundamentally a strategy to \n prematurely implement the nonratified Kyoto Protocol and to \n build a pro-Kyoto business constituency.\n (7) Early action crediting would reward some big businesses \n for taking steps to comply with the Kyoto Protocol prior to its \n ratification.\n (8) Early action crediting would also encourage \n participating big businesses to support ratification, because \n participants would acquire costly paper assets that could be \n used as emission credits under a future regulatory system and \n that could be monetized if the Kyoto Protocol were ratified.\n (9) Early action crediting is not a truly voluntary \n program, because it would penalize non-participants by reducing \n the supply of emission credits available to them in the first \n Kyoto Protocol compliance period.\n (10) Early action crediting would increase compliance costs \n under the Kyoto Protocol for small businesses and family farms, \n which generally lack the technical expertise and discretionary \n capital required for participation in emissions reduction \n projects and lack the legal sophistication necessary to \n negotiate early action agreements with Federal agencies.\n (11) Early action crediting would lose even the pretense of \n being voluntary if it were administered by the Environmental \n Protection Agency or any other agency wielding powers of \n regulatory coercion.\n (12) Companies already may voluntarily record and report \n their actions to reduce greenhouse gases under section 1605 of \n the Energy Policy Act of 1992 (42 U.S.C. 13385). That section \n is administered by the Energy Information Administration, an \n agency with no regulatory authority or agenda.\n (13) Early action crediting is not needed to protect early \n big business emissions reducers from any extra costs under the \n Kyoto Protocol, because, as a practical political matter, the \n Kyoto Protocol will not be ratified and implementing \n legislation will not be adopted without the active support of \n the policy makers and big businesses advocating early action \n crediting.\n (14) The most effective way for members of the Congress to \n protect United States competitiveness, small businesses, and \n family farms from the regulatory excesses of a possible future \n climate treaty is to declare their unequivocal and unqualified \n opposition to the Kyoto Protocol.\n (b) Purposes.--The purposes of this Act are the following:\n (1) To safeguard the Senate's constitutional role in treaty \n making.\n (2) To prevent implementation of the Kyoto Protocol prior \n to its ratification.\n (3) To protect small businesses and family farms from \n incurring additional costs under a future climate change treaty \n or domestic program to regulate greenhouse gas emissions.\n\nSEC. 3. PROHIBITION ON FEDERAL ACTIONS TO IMPLEMENT THE KYOTO PROTOCOL.\n\n (a) In General.--Federal funds may not be used to propose or issue \nrules, regulations, decrees, or orders or used to propose or issue \nrules, regulations, decrees, or orders or for programs designed to \nimplement, or in preparation for implementing, the Kyoto Protocol to \nthe United Nations Framework Convention on Climate Change before the \ndate on which the Senate gives its advice and consent to ratification \nof the Kyoto Protocol.\n (b) No Federal Authority To Regulate Carbon Dioxide Emissions.--\nNotwithstanding any other provision of law, no Federal Agency has \nauthority to promulgate regulations to limit emissions of carbon \ndioxide unless a law is enacted after the date of enactment of this Act \nthat specifically grants such authority.\n (c) Restriction on Use of Funds for Regulatory Credits.--\nNotwithstanding any other provision of law, Federal funds may not be \nused to advocate, develop, or implement a program providing regulatory \ncredits for early voluntary greenhouse gas emission reductions, before \nthe date on which the Senate gives its advice and consent to \nratification of the Kyoto Protocol.","summary":"Small Business, Family Farms, and Constitutional Protection Act - Prohibits the use of Federal funds to propose or issue rules, regulations, decrees, or orders or for programs to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change before the date on which the Senate gives its advice and consent to Protocol ratification. Provides that no Federal agency has authority to promulgate regulations to limit carbon dioxide emissions unless a law is enacted after this Act's enactment that specifically grants such authority. Prohibits the use of Federal funds to advocate, develop, or implement a program providing regulatory credits for early voluntary greenhouse gas emission reductions before the date on which the Senate gives its advice and consent to Protocol ratification.","title":"Small Business, Family Farms, and Constitutional Protection Act","text_len":5972,"sum_len":812} {"bill_id":"107_s2846","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Security and Liberty Preservation \nAct''.\n\nSEC. 2. FINDINGS.\n\n Congress makes the following findings:\n (1) The terrorist attacks of September 11, 2001, and the \n continuing threat of further attacks, are an assault on the \n safety and security of all Americans.\n (2) The threat of further acts of terrorism has \n necessitated an expansion of the authority of government to \n conduct surveillance and collect data.\n (3) While recognizing the need for additional security \n measures, Americans remain deeply committed to the individual \n dignity, liberty, and privacy rooted in United States history \n and protected by the Constitution of the United States.\n (4) Different investigative technologies and methods can \n achieve the same security goals in ways that have substantially \n different impacts on individual rights.\n (5) The government should conduct investigations and \n surveillance in a manner that fully addresses law enforcement \n and national security needs in the manner that best preserves \n the personal dignity, liberty, and privacy of individuals \n within the United States.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n (a) Establishment.--There is established the Commission on \nEnhancing Security and Preserving Freedom (in this Act referred to as \nthe ``Commission'').\n (b) Membership.--\n (1) Composition.--The Commission shall be composed of 17 \n members of whom--\n (A) five shall be representatives of the Federal \n Government, including--\n (i) the Attorney General, or the Attorney \n General's designee;\n (ii) the Secretary of the Treasury, or the \n Secretary's designee;\n (iii) the Secretary of Commerce, or the \n Secretary's designee;\n (iv) the Director of Central Intelligence, \n or the Director's designee; and\n (v) the Director of Homeland Security, or \n the Director's designee;\n (B) four shall be appointed by the Majority Leader \n of the Senate;\n (C) two shall be appointed by the Minority Leader \n of the Senate;\n (D) four shall be appointed by the Speaker of the \n House of Representatives; and\n (E) two shall be appointed by the Minority Leader \n of the House of Representatives.\n (2) Limitation on designees.--An individual may not be \n designated for membership on the Commission under paragraph \n (1)(A) unless the individual holds a position in the United \n States Government by appointment of the President, by and with \n the advice and consent of the Senate.\n (3) Appointments by congressional leadership.--\n (A) Requirements.--Of the individuals appointed \n under subparagraphs (B) through (E) of paragraph (1)--\n (i) at least one shall be an officer or \n employee of a State law enforcement agency; and\n (ii) at least one shall be an officer or \n employee of a local law enforcement agency.\n (B) Limitation.--No individual may be appointed \n under subparagraphs (B) through (E) of paragraph (1) if \n the individual is an officer or employee of the Federal \n Government or an active member of the uniformed \n services.\n (C) Sense of congress.--It is the sense of Congress \n that in making appointments to the Commission under \n subparagraphs (B) through (E) of paragraph (1) the \n Members of Congress referred to in such subparagraphs \n should seek to appoint individuals with varying \n viewpoints on and areas of expertise in the matters to \n be covered by the Commission, including individuals \n from the technology industry, non-profit entities, and \n academia.\n (c) Period of Appointment; Vacancies.--Members of the Commission \nshall be appointed for the life of the Commission. Any vacancy in the \nCommission shall not affect its powers, but shall be filled in the same \nmanner as the original appointment.\n (d) Security Clearances.--\n (1) In general.--Each individual appointed to the \n Commission under subparagraphs (B) through (E) of subsection \n (d)(1) shall possess a security clearance appropriate for the \n work of the Commission under this Act.\n (2) Failure to secure clearance.--\n (A) Initial appointments.--If an individual \n initially appointed under subparagraphs (B) through (E) \n of subsection (d)(1) without a security clearance does \n not secure a security clearance by the commencement of \n the work of the Commission, the appointment shall be \n deemed vacant.\n (B) Appointments to vacancies.--If an individual \n appointed to a vacancy in a position under \nsubparagraphs (B) through (E) of subsection (d)(1) without a security \nclearance does not secure a security clearance within a reasonable \nperiod (as determined by the Commission), the appointment shall be \ndeemed vacant.\n (3) Processing of clearances.--The Attorney General shall \n seek to ensure the timely processing of any applications for \n security clearances for purposes of this subsection.\n (e) Chairman.--The Commission shall select a Chairman from among \nits members.\n (f) Initial Meeting.--Not later than 30 days after the date on \nwhich nine members of the Commission have been appointed, the \nCommission shall hold its first meeting.\n (g) Meetings.--The Commission shall meet at the call of the \nChairman.\n (h) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n\nSEC. 4. DUTIES OF COMMISSION.\n\n (a) Investigation.--The Commission shall conduct a thorough \ninvestigation of the following:\n (1) Standards for using, selecting, and operating \n investigative and surveillance technologies to meet law \n enforcement and national security needs in the manner that best \n preserves the personal dignity, liberty, and privacy of \n individuals within the United States.\n (2) The advisability of establishing within the Government \n one or more entities or procedures to ensure that the \n Government uses investigative and surveillance technologies to \n meet law enforcement and national security needs in the manner \n that best preserves the personal dignity, liberty, and privacy \n of individuals within the United States.\n (b) Report.--\n (1) In general.--Not later than 18 months after the date of \n the initial meeting of the Commission, the Commission shall \n submit to the President and Congress a report which shall \n contain a detailed statement of the findings and conclusions of \n the Commission, together with its recommendations for such \n legislation and administrative actions as it considers \n appropriate.\n (2) Form of report.--The report under paragraph (1) shall \n be submitted in unclassified form, but may include a classified \n annex.\n (c) Investigative and Surveillance Technologies Defined.--In this \nsection, the term ``investigative and surveillance technologies'' means \ntechnologies that may be used by the Federal Government, and by State \nand local governments, to monitor and collect information about \nindividuals in the absence of reasonable, articulable suspicion of \ncriminal activity, including--\n (1) Internet surveillance technologies;\n (2) data mining technologies;\n (3) surveillance camera technologies;\n (4) x-ray body scan technologies;\n (5) biometric technologies; and\n (6) other technologies identified by the Commission for \n purposes of this Act.\n\nSEC. 5. POWERS OF COMMISSION.\n\n (a) Hearings.--\n (1) In general.--The Commission or, at its direction, any \n subcommittee or member of the Commission, may, for the purpose \n of carrying out this Act--\n (A) hold such hearings, sit and act at such times \n and places, take such testimony, receive such evidence, \n administer such oaths; and\n (B) require, by subpoena or otherwise, the \n attendance and testimony of such witnesses and the \n production of such books, records, correspondence, \n memoranda, papers, documents, tapes, and materials,\n as the Commission or such subcommittee or member considers \n advisable.\n (2) Public meetings.--To the maximum extent practicable, \n the meetings of the Commission shall be open to the public.\n (3) Closed meetings.--\n (A) In general.--Meetings of the Commission may be \n closed to the public under section 10(d) of the Federal \n Advisory Committee Act (5 U.S.C. App.) or other \n applicable law.\n (B) Additional authority.--In addition to the \n authority under subparagraph (A), paragraphs (1) and \n (3) of section 10(a) of the Federal Advisory Committee \n Act shall not apply to any portion of a Commission \n meeting if the President determines that such portion \n or portions of that meeting is likely to disclose \n matters that could endanger national security. If the \n President makes such determination, the requirements \n relating to a determination under section 10(d) of that \n Act shall apply.\n (4) Public summary of closed proceedings.--Whenever \n practicable, the Commission shall maintain and make available \n for public inspection an unclassified summary of any classified \n information considered by the Commission and of any classified \n meeting or proceeding conducted by the Commission.\n (b) Issuance and Enforcement of Subpoenas.--\n (1) Issuance.--Subpoenas issued under subsection (a) shall \n bear the signature of the Chairman of the Commission and shall \n be served by any person or class of persons designated by the \n Chairman for that purpose.\n (2) Enforcement.--In the case of contumacy or failure to \n obey a subpoena issued under subsection (a), the United States \n district court for the judicial district in which the \n subpoenaed person resides, is served, or may be found may issue \n an order requiring such person to appear at any designated \n place to testify or to produce documentary or other evidence. \n Any failure to obey the order of the court may be punished by \n the court as a contempt of court.\n (c) Witness Allowances and Fees.--Section 1821 of title 28, United \nStates Code, shall apply to witnesses requested or subpoenaed to appear \nat any hearing of the Commission. The per diem and mileage allowances \nfor witnesses shall be paid from funds available to pay the expenses of \nthe Commission.\n (d) Procedures.--The Commission may adopt procedures for the work \nof the Commission under this Act. Any portion of such procedures \nrelating to the treatment of confidential or classified information \nshall not go into effect until jointly approved by the Attorney General \nand the Director of Central Intelligence.\n (e) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out this Act. Upon request of \nthe Chairman of the Commission, the head of such department or agency \nshall furnish such information to the Commission.\n (f) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as other \ndepartments and agencies of the Federal Government.\n (g) Gifts.--The Commission may accept, use, and dispose of gifts or \ndonations of services or property.\n\nSEC. 6. COMMISSION PERSONNEL MATTERS.\n\n (a) Compensation of Members.--Members of the Commission shall serve \nwithout compensation for their service as members of the Commission. \nAll members of the Commission who are officers or employees of the \nUnited States shall serve without compensation in addition to that \nreceived for their services as officers or employees of the United \nStates.\n (b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter I of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n (c) Staff.--\n (1) In general.--The Chairman of the Commission may, \n without regard to the civil service laws and regulations, \n appoint and terminate an executive director and such other \n additional personnel as may be necessary to enable the \n Commission to perform its duties. The employment of an \n executive director shall be subject to confirmation by the \n Commission.\n (2) Compensation.--The Chairman of the Commission may fix \n the compensation of the executive director and other personnel \n without regard to chapter 51 and subchapter III of chapter 53 \n of title 5, United States Code, relating to classification of \n positions and General Schedule pay rates, except that the rate \n of pay for the executive director and other personnel may not \n exceed the rate payable for level V of the Executive Schedule \n under section 5316 of such title.\n (3) Security clearances.--The executive director and any \n other personnel of the Commission shall possess security \n clearances appropriate for the work of the Commission.\n (d) Detail of Government Employees.--Any Federal Government \nemployee may be detailed to the Commission without reimbursement, and \nsuch detail shall be without interruption or loss of civil service \nstatus or privilege.\n (e) Procurement of Temporary and Intermittent Services.--The \nChairman of the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code, at rates \nfor individuals which do not exceed the daily equivalent of the annual \nrate of basic pay prescribed for level V of the Executive Schedule \nunder section 5316 of such title.\n\nSEC. 7. TERMINATION OF COMMISSION.\n\n The Commission shall terminate 60 days after the date on which the \nCommission submits its report under section 4(b).\n\nSEC. 8. FUNDING.\n\n (a) Authorization of Appropriations.--There are authorized to be \nappropriated for each of fiscal years 2003, 2004, and 2005 such sums as \nmay be necessary for the Commission to carry out this Act in such \nfiscal year.\n (b) Transfer of Funds.--If no funds are appropriated to the \nCommission by the end of the session of Congress ending in a fiscal \nyear specified in subsection (a), the Secretary of Commerce shall, from \namounts appropriated or otherwise available to the Secretary for such \nfiscal year, transfer to the Commission an amount necessary to permit \nthe Commission to carry out this Act in such fiscal year.\n (c) Availability.--Any amounts appropriated to the Commission under \nsubsection (a), or transferred to the Commission under subsection (b), \nshall remain available, without fiscal year limitation, until expended.","summary":"Security and Liberty Preservation Act - Establishes the Commission on Enhancing Security and Preserving Freedom to conduct a thorough investigation of: (1) standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. And (2) the advisability of establishing Government entities or procedures to ensure that the Government complies with such standards.","title":"A bill to establish a commission to evaluate investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States.","text_len":16434,"sum_len":550} {"bill_id":"105_s1308","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Taxpayer Protection Act of 1997''.\n\nSEC. 2. ESTABLISHMENT OF MORE INDEPENDENT OFFICE OF THE TAXPAYER \n ADVOCATE.\n\n (a) In General.--Paragraph (1) of section 7802(d) of the Internal \nRevenue Code of 1986 (relating to Office of Taxpayer Advocate) is \namended to read as follows:\n ``(1) Establishment.--\n ``(A) In general.--There is established in the \n Internal Revenue Service an office to be known as the \n `Office of the Taxpayer Advocate'.\n ``(B) National taxpayer advocate.--\n ``(i) In general.--The Office of the \n Taxpayer Advocate shall be under the \n supervision and direction of an official to be \n known as the `National Taxpayer Advocate'. The \n National Taxpayer Advocate shall report \n directly to the Commissioner of Internal \n Revenue and shall be entitled to compensation \n at the same rate as the highest level official \n reporting directly to the Commissioner of the \n Internal Revenue Service.\n ``(ii) Appointment.--The National Taxpayer \n Advocate shall be appointed by the President, \n by and with the advice and consent of the \n Senate, from among individuals with a \n background in customer service, as well as tax \n law. No officer or employee of the Internal \n Revenue Service may be appointed to such \n position in order to ensure an independent \n position to represent taxpayers' interests.''.\n (b) Annual Reports and Additional Responsibilities.--Section \n7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions \nof office) is amended by striking subparagraph (B) and inserting the \nfollowing:\n ``(B) Annual reports.--\n ``(i) Objectives.--Not later than June 30 \n of each calendar year, the National Taxpayer \n Advocate shall report to the Committee on Ways \n and Means of the House of Representatives and \n the Committee on Finance of the Senate on the \n objectives of the Office of the Taxpayer \n Advocate for the fiscal year beginning in such \n calendar year. Any such report shall contain \n full and substantive analysis, in addition to \n statistical information.\n ``(ii) Activities.--Not later than December \n 31 of each calendar year, the National Taxpayer \n Advocate shall report to the Committee on Ways \n and Means of the House of Representatives and \n the Committee on Finance of the Senate on the \n activities of the Office of the Taxpayer \n Advocate during the fiscal year ending during \n such calendar year. Any such report shall \n contain full and substantive analysis, in \n addition to statistical information, and \n shall--\n ``(I) identify the initiatives the \n Office of the Taxpayer Advocate has \n taken on improving taxpayer services \n and Internal Revenue Service \n responsiveness,\n ``(II) contain recommendations \n received from individuals with the \n authority to issue Taxpayer Assistance \n Orders under section 7811,\n ``(III) contain a summary of at \n least 20 of the most serious problems \n encountered by taxpayers, including a \n description of the nature of such \n problems,\n ``(IV) contain an inventory of the \n items described in subclauses (I), \n (II), and (III) for which action has \n been taken and the result of such \n action,\n ``(V) contain an inventory of the \n items described in subclauses (I), \n (II), and (III) for which action \n remains to be completed and the period \n during which each item has remained on \n such inventory,\n ``(VI) contain an inventory of the \n items described in subclauses (I), \n (II), and (III) for which no action has \n been taken, the period during which \n each item has remained on such \n inventory, the reasons for the \n inaction, and identify any Internal \n Revenue Service official who is \n responsible for such inaction,\n ``(VII) identify any Taxpayer \n Assistance Order which was not honored \n by the Internal Revenue Service in a \n timely manner, as specified under \n section 7811(b),\n ``(VIII) contain recommendations \n for such administrative and legislative \n action as may be appropriate to resolve \n problems encountered by taxpayers,\n ``(IX) identify areas of the tax \n law that impose significant compliance \n burdens on taxpayers or the Internal \n Revenue Service, including specific \n recommendations for remedying these \n problems,\n ``(X) identify the 10 most \n litigated issues for each category of \n taxpayers, including recommendations \n for mitigating such disputes, and\n ``(XI) include such other \n information as the National Taxpayer \n Advocate may deem advisable.\n ``(iii) Report to be submitted directly.--\n Each report required under this subparagraph \n shall be provided directly to the Committees \n described in clauses (i) and (ii) without any \n prior review or comment from the Commissioner, \n the Secretary of the Treasury, any other \n officer or employee of the Department of the \n Treasury, or the Office of Management and \n Budget.\n ``(C) Other responsibilities.--The National \n Taxpayer Advocate shall--\n ``(i) monitor the coverage and geographic \n allocation of local taxpayer advocates,\n ``(ii) develop guidance to be distributed \n to all Internal Revenue Service officers and \n employees outlining the criteria for referral \n of taxpayer inquiries to local taxpayer \n advocates,\n ``(iii) ensure that the local telephone \n number for the local taxpayer advocate in each \n Internal Revenue Service district is published \n and available to taxpayers, and\n ``(iv) in conjunction with the \n Commissioner, develop career paths for local \n taxpayer advocates choosing to make a career in \n the Office of the Taxpayer Advocate.''.\n (c) National Oversight of Local Offices.--Section 7802(d)(2) of the \nInternal Revenue Code of 1986 (relating to functions of office), as \namended by subsection (b), is amended by adding at the end the \nfollowing:\n ``(D) Personnel actions.--\n ``(i) Heads of local offices.--The National \n Taxpayer Advocate shall have the responsibility \n to--\n ``(I) appoint and dismiss the local \n taxpayer advocate heading the office of \n the taxpayer advocate at each Internal \n Revenue Service district office and \n service center, and\n ``(II) evaluate and take personnel \n actions with respect to any employee of \n an office of the taxpayer advocate \n described in subclause (I).\n ``(ii) Consultation.--The National Taxpayer \n Advocate may consult with the head of any \n Internal Revenue Service district office or \n service center in carrying out the National \n Taxpayer Advocate's responsibilities under this \n subparagraph.''.\n (d) Operation of Local Offices.--Section 7802(d) of the Internal \nRevenue Code of 1986 is amended by adding at the end the following:\n ``(4) Operation of local offices.--\n ``(A) In general.--Each local taxpayer advocate--\n ``(i) shall report directly to the National \n Taxpayer Advocate,\n ``(ii) may consult with the head of the \n Internal Revenue Service district office \nor service center which the local taxpayer advocate serves regarding \nthe daily operation of the office of the taxpayer advocate,\n ``(iii) shall, at the initial meeting with \n any taxpayer seeking the assistance of the \n office of the taxpayer advocate, notify such \n taxpayer that the office operates independently \n of any Internal Revenue Service district office \n or service center and reports directly to \n Congress through the National Taxpayer \n Advocate, and\n ``(iv) shall, at the taxpayer advocate's \n discretion, not disclose to the Internal \n Revenue Service contact with, or information \n provided by, such taxpayer.\n ``(B) Maintenance of independent communications.--\n Each local office of the taxpayer advocate shall \n maintain separate phone, facsimile, and other \n electronic communication access, and a separate post \n office address from the Internal Revenue Service \n district office or service center which it serves.''.\n (e) Notice of Right To Contact Office Included in Notice of \nDeficiency.--Section 6212(a) of the Internal Revenue Code of 1986 \n(relating to notice of deficiency) is amended by adding at the end the \nfollowing: ``Such notice shall include a notice to the taxpayer of the \ntaxpayer's right to contact a local office of the taxpayer advocate and \nthe location and phone number of the nearest office.''.\n (f) Expansion of Authority To Issue Taxpayer Assistance Orders.--\nSection 7811(a) of the Internal Revenue Code of 1986 (relating to \ntaxpayer assistance orders) is amended--\n (1) by striking ``Upon application'' and inserting the \n following:\n ``(1) In general.--Upon application'',\n (2) by moving the text 2 ems to the right, and\n (3) by adding at the end the following new paragraph:\n ``(2) Determination of hardship.--For purposes of \n determining whether a taxpayer is suffering or about to suffer \n a significant hardship, the National Taxpayer Advocate should \n consider--\n ``(A) whether the Internal Revenue Service employee \n to which such order would issue is following applicable \n published administrative guidance, including the \n Internal Revenue Manual,\n ``(B) whether there is an immediate threat of \n adverse action,\n ``(C) whether there has been a delay of more than \n 30 days in resolving taxpayer account problems, and\n ``(D) the prospect that the taxpayer will have to \n pay significant professional fees for \n representation.''.\n (g) Conforming Amendments.--\n (1) The following provisions of the Internal Revenue Code \n of 1986 are each amended by striking ``Taxpayer Advocate'' each \n place it appears and inserting ``National Taxpayer Advocate'':\n (A) Section 6323(j)(1)(D) (relating to withdrawal \n of notice in certain circumstances).\n (B) Section 6343(d)(2)(D) (relating to return of \n property in certain cases).\n (C) Section 7802(d)(3) (relating to \n responsibilities of Commissioner).\n (D) Section 7811(a)(1) (relating to authority to \n issue), as amended by subsection (f).\n (E) Section 7811(b)(2)(D) (relating to terms of a \n Taxpayer Assistance Order).\n (F) Section 7811(c) (relating to authority to \n modify or rescind).\n (G) Section 7811(d)(2) (relating to suspension of \n running of period of limitation).\n (H) Section 7811(e) (relating to independent action \n of Taxpayer Advocate).\n (I) Section 7811(f) (relating to Taxpayer \n Advocate).\n (2) Section 7811(d)(1) of such Code (relating to suspension \n of running of period of limitation) is amended by striking \n ``Taxpayer Advocate's'' and inserting ``National Taxpayer \n Advocate's''.\n (3) The headings of subsections (e) and (f) of section 7802 \n of such Code are each amended by striking ``Taxpayer Advocate'' \n and inserting ``National Taxpayer Advocate''.\n (4) The heading of section 7802 of such Code is amended by \n striking ``taxpayer advocate'' and inserting ``national \n taxpayer advocate''.\n (h) Transition Rules Relating to Appointment of National Taxpayer \nAdvocate.--\n (1) Initial appointment.--The President shall nominate for \n appointment the initial National Taxpayer Advocate to serve as \n head of the Office of the Taxpayer Advocate established under \n section 7208(a) of the Internal Revenue Code of 1986 (as \n amended by this section) not later than 120 days after the date \n of the enactment of this Act.\n (2) Interim role of current taxpayer advocate.--Until an \n individual has taken office under section 7208(a) of such Code \n (as so amended), the Taxpayer Advocate shall assume the \n additional powers and duties of the National Taxpayer Advocate \n under the amendments made by this section.\n (i) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","summary":"Taxpayer Protection Act of 1997 - Amends the Internal Revenue Code to revise provisions concerning of the Office of the Taxpayer Advocate. Places such office under the direction of the National Taxpayer Advocate, who shall be appointed by the President. Revises provisions concerning reporting and responsibilities of the Office, including directing the National Taxpayer Advocate to appoint local taxpayer advocates who shall report directly to the National Taxpayer Advocate. Requires each local taxpayer advocate office to maintain separate phone, facsimile, and other communication access, and a separate post office address from its IRS district office or service center. Revises provisions concerning the authority to issue taxpayer assistance orders.","title":"Taxpayer Protection Act of 1997","text_len":16741,"sum_len":757} {"bill_id":"108_hr669","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Protect Children from Video Game Sex \nand Violence Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) The video game industry has grown into a $10 billion \n market for game software publishing, wholesaling, and \n retailing.\n (2) The use and observation of video games that contain \n sexual or violent content can be harmful to minors and \n reasonable restrictions will significantly decrease the number \n of minors using these games.\n (3) On July 26, 2000, six of the Nation's most respected \n public health groups, including the American Medical \n Association, the American Academy of Pediatrics, the American \n Academy of Family Physicians, and the American Academy of Child \n and Adolescent Psychiatry, found that viewing entertainment \n violence can lead to increases in aggressive attitudes, \n behaviors, and values, particularly in children.\n (4) The ratings and content descriptors of video and \n computer games issued by the entertainment industry reflect the \n notion that certain video and computer games are suitable only \n for adults due to graphic depictions of sex or violence.\n (5) In December 2001, a study by the Federal Trade \n Commission showed that retailers allowed 78 percent of \n unaccompanied minors, ages 13 to 16, to purchase games rated as \n ``Mature'' by the Entertainment Software Rating Board.\n (6) The sale of video games and computer games \n substantially affects interstate commerce because they are sold \n in interstate commerce on a nationwide basis.\n (7) The Nation has a compelling interest in preventing \n minors from purchasing video and computer games that are only \n suitable for adults due to graphic depictions of sex or \n violence.\n (8) There is a need to enact narrowly tailored legislation \n to restrict the sale and use of video games that contain sexual \n or violent content that is intended for adults only, and that \n such legislation not restrict adults' access to these games.\n\nSEC. 3. PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS.\n\n (a) In General.--Part 1 of title 18, United States Code, is amended \nby adding at the end the following new chapter:\n\n ``CHAPTER 124--PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO \n MINORS\n\n``Sec. 2731. Definitions\n ``As used in this chapter, the following definitions apply:\n ``(1) The term `graphic violence' means the visual \n depiction of serious injury to human beings, actual or virtual, \n including aggravated assault, decapitation, dismemberment, or \n death.\n ``(2) The term `content harmful to minors' means video game \n content that predominantly appeals to minors' morbid interest \n in violence or minors' prurient interest in sex, is patently \n offensive to prevailing standards in the adult community as a \n whole with respect to what is suitable material for minors, and \n lacks serious literary, artistic, political, or scientific \n value for minors, and contains--\n ``(A) graphic violence;\n ``(B) sexual violence; or\n ``(C) strong sexual content.\n ``(3) The term `minor' means a person age 17 and younger.\n ``(4) The term `nudity' means the visual depiction, actual \n or virtual, of the human male or female genitals, pubic area or \n buttocks with less than a fully opaque covering, of a female \n breast with less than a fully opaque covering of any part of \n the nipple or of any portion of the breast below the nipple, or \n the depiction of covered male genitals in a discernibly turgid \n state.\n ``(5) The term `sexual conduct' means acts, actual or \n virtual, of masturbation, sexual intercourse, or physical \n contact with a person's clothed or unclothed genitals, pubic \n area, buttocks or, if such person be a female, a breast.\n ``(6) The term `strong sexual content' means the visual \n depiction, actual or virtual, of human nudity or explicit human \n sexual behavior, including acts of masturbation, deviate sexual \n conduct, sexual intercourse, or fondling of genitals.\n ``(7) The term `sexual violence' means the visual \n depiction, actual or virtual, of rape or other sexual assault.\n ``(8) The term `video game' means any copy of an electronic \n game that may be played using a portable electronic device or \n with a hand-held gaming device using a television or computer.\n``Sec. 2732. Prohibition on sale or rental of adult video games to \n minors\n ``Whoever sells at retail or rents, or attempts to sell at retail \nor rent, to a minor any video game that depicts nudity, sexual conduct, \nor other content harmful to minors, shall be fined under this chapter.\n``Sec. 2733. Penalties\n ``(a) First Violation.--Whoever knowingly violates section 2732 \nshall be fined not more than $1,000.\n ``(b) Second Violation.--Whoever knowingly violates section 2732, \nhaving previously been fined under subsection (a), shall be fined not \nless than $1,000 and not more than $5,000.\n ``(c) Subsequent Violations.--Whoever knowingly violates section \n2732, having previously been fined under subsection (b), shall be fined \nnot less than $5,000.''.\n (b) Clerical Amendment.--The table of chapters at the beginning of \npart I of title 18, United States Code, is amended by adding at the end \nthe following new item:\n\n\n``124. Prohibition on sale or rental of adult video games to 2731''.\n minors.","summary":"Protect Children from Video Game Sex and Violence Act of 2003 - Amends the Federal criminal code to prohibit the sale or rental to a minor of a video game that depicts nudity, sexual conduct, or other content harmful to minors.","title":"To amend title 18, United States Code, to prohibit the sale or rental of adult video games to minors.","text_len":5973,"sum_len":227} {"bill_id":"112_hr2646","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n (a) Short Title.--This Act may be cited as the ``Veterans Health \nCare Facilities Capital Improvement Act of 2011''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Authorization of fiscal year 2012 major medical facility \n projects.\nSec. 3. Modification of authorization for certain major medical facility \n construction projects previously authorized.\nSec. 4. Authorization of fiscal year 2012 major medical facility leases.\nSec. 5. Authorization of appropriations.\nSec. 6. Modification of requirements relating to congressional approval \n of certain medical facility acquisitions.\nSec. 7. Limitation on authority of Secretary of Veterans Affairs to use \n bid savings on major construction projects to expand purpose \n of major medical facility projects.\nSec. 8. Name of Department of Veterans Affairs telehealth clinic, Craig, \n Colorado.\nSec. 9. George H. O'Brien, Jr., Department of Veterans Affairs Medical \n Center.\nSec. 10. Extension of certain expiring authorities.\nSec. 11. Authorization of appropriations for comprehensive service \n programs for homeless veterans.\nSec. 12. Reauthorization of appropriations for financial assistance for \n supportive services for very low-income veteran families in \n permanent housing.\nSec. 13. Extension of grant program for homeless veterans with special \n needs.\nSec. 14. Extension of specially adapted housing assistance for \n individuals residing temporarily in housing owned by a family \n member.\nSec. 15. Extension of funding fees.\nSec. 16. Notice and verification of the use of income information from \n other agencies.\nSec. 17. Termination or reduction of certain benefits and services based \n on income information obtained from other agencies.\nSEC. 2. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR MEDICAL FACILITY \nPROJECTS.\n The Secretary of Veterans Affairs may carry out the following major \nmedical facility projects in fiscal year 2012, with each project to be \ncarried out in the amount specified for each project:\n (1) Construction of seismic corrections for Building 100 at the \n Department of Veterans Affairs Medical Center in Seattle, \n Washington, in an amount not to exceed $51,800,000.\n (2) Construction of seismic corrections and renovation of \n various buildings to include Building 209 for housing facilities \n for homeless veterans at the Department of Veterans Affairs Medical \n Center in West Los Angeles, California, in an amount not to exceed \n $35,500,000.\nSEC. 3. MODIFICATION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL \nFACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.\n (a) Modification of Authorization of Fiscal Year 2007 Major Medical \nFacility Project at Department of Veterans Affairs Medical Center in \nFayetteville, Arkansas.--Section 803(3) of the Veterans Benefits, \nHealth Care, and Information Technology Act of 2006 (Public Law 109-\n461) is amended--\n (1) by inserting ``and a parking garage'' after ``clinical \n addition''; and\n (2) by striking ``$56,163,000'' and inserting ``$90,600,000''.\n (b) Modification of Extension of Authorization for Major Medical \nFacility Construction Project in Orlando, Florida, Previously \nAuthorized in Connection With Capital Asset Realignment Initiative.--\nSection 802(11) of the Veterans Benefits, Health Care, and Information \nTechnology Act of 2006 (Public Law 109-461), as amended by section \n702(b)(4) of the Veterans' Mental Health and Other Care Improvements \nAct of 2008 (Public Law 110-387; 122 Stat. 4137), is amended by \ninserting ``, including a Simulation, Learning, Education, and Research \nNetwork Center,'' after ``Florida, area''.\n (c) Increase in Amount of Authorization of Fiscal Year 2008 Major \nMedical Facility Project at Department of Veterans Affairs Medical \nCenter in Palo Alto, California.--The Secretary of Veterans Affairs may \ncarry out the major medical facility project at the Department of \nVeterans Affairs Medical Center in Palo Alto, California, for which \namounts were appropriated under chapter 3 of title I of the \nSupplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. \n2326) under the heading ``construction, major projects'' under the \nheading ``DEPARTMENT OF VETERANS AFFAIRS'' in an amount not to exceed \n$716,600,000.\n (d) Increase in Amount of Authorization of Fiscal Year 2009 Major \nMedical Facility Project at Department of Veterans Affairs Medical \nCenter, San Juan, Puerto Rico.--Section 701(3) of the Veterans' Mental \nHealth and Other Care Improvements Act of 2008 (Public Law 110-387; 122 \nStat. 4137) is amended by striking ``$225,900,000'' and inserting \n``$277,000,000''.\n (e) Increase in Amount of Authorization of Fiscal Year 2007 Major \nMedical Facility Project at Department of Veterans Affairs Medical \nCenter, St. Louis, Missouri.--Section 803(5) of the Veterans Benefits, \nHealth Care, and Information Technology Act of 2006 (Public Law 109-\n461) is amended by striking ``$69,053,000'' and inserting \n``$346,300,000''.\nSEC. 4. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR MEDICAL FACILITY \nLEASES.\n The Secretary of Veterans Affairs may carry out the following \nfiscal year 2012 major medical facility leases at the locations \nspecified, in an amount not to exceed the amount shown for that \nlocation:\n (1) Columbus, Georgia, Community-Based Outpatient Clinic, in an \n amount not to exceed $5,335,000.\n (2) Fort Wayne, Indiana, Outpatient Clinic, in an amount not to \n exceed $2,845,000.\n (3) Mobile, Alabama, Outpatient Clinic, in an amount not to \n exceed $6,565,000.\n (4) Rochester, New York, Outpatient Clinic, in an amount not to \n exceed $9,232,000.\n (5) Salem, Oregon, Community-Based Outpatient Clinic, in an \n amount not to exceed $2,549,000.\n (6) San Jose, California, Outpatient Clinic, in an amount not \n to exceed $9,546,000.\n (7) South Bend, Indiana, Outpatient Clinic, in an amount not to \n exceed $6,731,000.\n (8) Springfield, Missouri, Community-Based Outpatient Clinic, \n in an amount not to exceed $6,489,000.\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS.\n (a) Authorization of Appropriations for Construction.--There is \nauthorized to be appropriated to the Secretary of Veterans Affairs for \nfiscal year 2012 or the year in which funds are appropriated for the \nConstruction, Major Projects, account $87,300,000 for the projects \nauthorized in section 2.\n (b) Modification of Authorization for Certain Major Medical \nFacility Construction Projects Previously Authorized.--There is \nauthorized to be appropriated to the Secretary of Veterans Affairs for \nfiscal year 2012 or the year in which funds are appropriated for the \nConstruction, Major Projects, account $850,070,000 for the projects \nauthorized in section 3.\n (c) Authorization of Appropriations for Medical Facility Leases.--\nThere is authorized to be appropriated to the Secretary of Veterans \nAffairs for fiscal year 2012 or the year in which funds are \nappropriated for the Medical Facilities account $49,292,000 for the \nleases authorized in section 4.\n (d) Limitation.--The projects authorized in sections 2, 3, and 4 \nmay only be carried out using--\n (1) funds appropriated for fiscal year 2012 pursuant to the \n authorization of appropriations in subsection (a) of this section;\n (2) funds available for Construction, Major Projects, for a \n fiscal year before fiscal year 2012 that remain available for \n obligation;\n (3) funds available for Construction, Major Projects, for a \n fiscal year after fiscal year 2012 that remain available for \n obligation;\n (4) funds appropriated for Construction, Major Projects, for \n fiscal year 2012 for a category of activity not specific to a \n project;\n (5) funds appropriated for Construction, Major Projects, for a \n fiscal year before 2012 for a category of activity not specific to \n a project; and\n (6) funds appropriated for Construction, Major Projects, for a \n fiscal year after 2012 for a category of activity not specific to a \n project.\nSEC. 6. MODIFICATION OF REQUIREMENTS RELATING TO CONGRESSIONAL APPROVAL \nOF CERTAIN MEDICAL FACILITY ACQUISITIONS.\n Section 8104 of title 38, United States Code, is amended--\n (1) in subsection (b)--\n (A) in paragraph (1)--\n (i) by striking ``detailed description'' and inserting \n ``detailed estimate of the total costs'';\n (ii) by striking ``a description of the consideration'' \n and inserting ``a detailed report of the consideration''; \n and\n (iii) by adding at the end the following: ``Such \n detailed estimate shall include an identification of each \n of the following:\n ``(A) Total construction costs.\n ``(B) Activation costs.\n ``(C) Special purpose alterations (lump-sum payment) costs.\n ``(D) Number of personnel.\n ``(E) Total costs of ancillary services, equipment, and all \n other items.'';\n (B) by striking paragraphs (2) and (3) and redesignating \n paragraphs (4) through (8) as paragraphs (2) through (6), \n respectively;\n (C) in paragraph (2), as so redesignated, by striking ``a \n five-year period and a ten-year period'' and inserting ``a \n five-year period, a ten-year period, and a twenty-year \n period'';\n (D) in paragraph (3), as so redesignated, by inserting \n before the period at the end the following: ``, including \n information on projected changes in workload and utilization \n over a five-year period, a ten-year period, and a twenty-year \n period'';\n (E) in paragraph (4), as so redesignated--\n (i) by striking ``Current and projected'' and inserting \n ``Projected''; and\n (ii) by inserting before the period at the end the \n following: ``(including and identifying both recurring and \n non-recurring costs (including activation costs and total \n costs of ancillary services, equipment and all other \n items)) over a five-year period, a ten-year period, and a \n twenty-year period''; and\n (F) in paragraph (6), as so redesignated--\n (i) by striking ``a description of each alternative to \n construction of the facility that was considered.'' and \n inserting ``each of the following:''; and\n (ii) by adding at the end the following new \n subparagraphs:\n ``(A) A detailed estimate of the total costs (including \n total construction costs, activation costs, special purpose \n alterations (lump-sum payment) costs, number of personnel and \n total costs of ancillary services, equipment and all other \n items) for each alternative to construction of the facility \n that was considered.\n ``(B) A comparison of total costs to total benefits for \n each such alternative.\n ``(C) An explanation of why the preferred alternative is \n the most effective means to achieve the stated project goals \n and the most cost-effective alternative.''; and\n (2) in subsection (d)--\n (A) by striking ``major medical facility project'' each \n place it appears and inserting ``major construction project''; \n and\n (B) in paragraph (2)--\n (i) in subparagraph (A), by striking ``major medical \n facility projects'' and inserting ``major construction \n projects''; and\n (ii) in subparagraph (B), by striking ``major medical \n facility'' and inserting ``major construction project''.\nSEC. 7. LIMITATION ON AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO USE \nBID SAVINGS ON MAJOR CONSTRUCTION PROJECTS TO EXPAND PURPOSE OF MAJOR \nMEDICAL FACILITY PROJECTS.\n Section 8104(d)(2) of title 38, United States Code, as amended by \nsection 6, is further amended by adding at the end the following new \nsubparagraph:\n ``(C) The Secretary may not obligate an amount under subparagraph \n(A) to expand the purpose of a major construction project except \npursuant to a provision of law enacted after the date on which the \nSecretary submits to the committees described in subparagraph (B) \nnotice of the following:\n ``(i) The major construction project that is the source of the \n bid savings.\n ``(ii) The major construction project for which the Secretary \n intends to expand the purpose.\n ``(iii) A description of such expansion of purpose.\n ``(iv) The amounts the Secretary intends to obligate to expand \n the purpose.''.\nSEC. 8. NAME OF DEPARTMENT OF VETERANS AFFAIRS TELEHEALTH CLINIC, \nCRAIG, COLORADO.\n (a) Designation.--The Department of Veterans Affairs telehealth \nclinic in Craig, Colorado, shall after the date of the enactment of \nthis Act be known and designated as the ``Major William Edward Adams \nDepartment of Veterans Affairs Clinic''.\n (b) References.--Any reference in any law, regulation, map, \ndocument, record, or other paper of the United States to the clinic \nreferred to in subsection (a) shall be considered to be a reference to \nthe ``Major William Edward Adams Department of Veterans Affairs \nClinic''.\nSEC. 9. GEORGE H. O'BRIEN, JR., DEPARTMENT OF VETERANS AFFAIRS MEDICAL \nCENTER.\n (a) Designation.--The Department of Veterans Affairs medical center \nlocated in Big Spring, Texas, shall after the date of the enactment of \nthis Act be known and designated as the ``George H. O'Brien, Jr., \nDepartment of Veterans Affairs Medical Center''.\n (b) References.--Any reference in any law, regulation, map, \ndocument, record, or other paper of the United States to the Department \nof Veterans Affairs medical center referred to in subsection (a) shall \nbe considered to be a reference to the ``George H. O'Brien, Jr., \nDepartment of Veterans Affairs Medical Center''.\n SEC. 10. EXTENSION OF CERTAIN EXPIRING AUTHORITIES.\n (a) Recovery Audits for Certain Contracts.--Section 1703(d)(4) of \ntitle 38, United States Code, is amended by striking ``September 30, \n2013'' and inserting ``September 30, 2020''.\n (b) Homeless Veterans Reintegration Programs.--Section \n2021(e)(1)(F) of such title is amended by striking ``2011'' and \ninserting ``2012''.\n (c) Treatment and Rehabilitation for Seriously Mentally Ill and \nHomeless Veterans.--Section 2031(b) of such title is amended by \nstriking ``December 31, 2011'' and inserting ``December 31, 2012''.\n (d) Additional Services for Seriously Mentally Ill and Homeless \nVeterans.--Section 2033(d) of such title is amended by striking \n``December 31, 2011'' and inserting ``December 31, 2012''.\n (e) Housing Assistance for Homeless Veterans.--Section 2041(c) of \nsuch title is amended by striking ``December 31, 2011'' and inserting \n``December 31, 2012''.\n (f) Advisory Committee on Homeless Veterans.--Section 2066(d) of \nsuch title is amended by striking ``December 30, 2011'' and inserting \n``December 31, 2012''.\n (g) Authority To Transfer Real Property.--Section 8118(a)(5) of \nsuch title is amended by striking ``the date that is seven years after \nthe date of the enactment of this section'' and inserting ``December \n31, 2018''.\n SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE SERVICE \n PROGRAMS FOR HOMELESS VETERANS.\n Section 2013 of title 38, United States Code, is amended--\n (1) by striking ``subchapter'' and all that follows through the \n period at the end and inserting the following: ``subchapter amounts \n as follows:''; and\n (2) by adding at the end the following new paragraphs:\n ``(1) $150,000,000 for each of fiscal years 2007 through 2009.\n ``(2) $175,100,000 for fiscal year 2010.\n ``(3) $217,700,000 for fiscal year 2011.\n ``(4) $250,000,000 for fiscal year 2012.\n ``(5) $150,000,000 for fiscal year 2013 and each subsequent \n fiscal year.''.\n SEC. 12. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE \n FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN \n PERMANENT HOUSING.\n (a) In General.--Subsection (e) of section 2044 is amended--\n (1) in paragraph (1), by adding at the end the following new \n subparagraph:\n ``(D) $100,000,000 for fiscal year 2012.''; and\n (2) in paragraph (3), by striking ``2011'' and inserting \n ``2012''.\n (b) Technical Amendment.--Paragraph (1) of such subsection is \nfurther amended by striking ``carry out subsection (a), (b), and (c)'' \nand inserting ``carry out subsections (a), (b), and (c)''.\n SEC. 13. EXTENSION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH \n SPECIAL NEEDS.\n Section 2061(c)(1) of title 38, United States Code, is amended by \nstriking ``2011'' and inserting ``2012''.\n SEC. 14. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTANCE FOR \n INDIVIDUALS RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY \n MEMBER.\n Section 2102A(e) of title 38, United States Code, is amended by \nstriking ``2011'' and inserting ``2012''.\n SEC. 15. EXTENSION OF FUNDING FEES.\n Section 3729(b)(2) of title 38, United States Code, is amended by \nstriking ``October 1, 2011'' each place it occurs and inserting \n``November 18, 2011''.\n SEC. 16. NOTICE AND VERIFICATION OF THE USE OF INCOME INFORMATION \n FROM OTHER AGENCIES.\n Section 5317(g) of title 38, United States Code, is amended by \nstriking ``September 30, 2011'' and inserting ``November 18, 2011''.\n SEC. 17. TERMINATION OR REDUCTION OF CERTAIN BENEFITS AND SERVICES \n BASED ON INCOME INFORMATION OBTAINED FROM OTHER AGENCIES.\n (a) Title 38.--Section 5317A(d) of title 38, United States Code, is \namended by striking ``September 30, 2011'' and inserting ``November 18, \n2011''.\n (b) Social Security Act.--Section 453(j)(11)(G) of the Social \nSecurity Act (42 U.S.C. 653(j)(11)(G)) is amended by striking \n``September 30, 2011'' and inserting ``November 18, 2011''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Veterans Health Care Facilities Capital Improvement Act of 2011 - Authorizes, within specified amounts, the Secretary of Veterans Affairs to carry out certain FY2012 major medical facility construction projects (projects) at Department of Veterans Affairs (VA) medical centers in Seattle, Washington and West Los Angeles, California. Modifies authorizations for certain previously authorized projects in Fayetteville, Arkansas, the Orlando, Florida area, Palo Alto, California, San Juan, Puerto Rico, and St. Louis, Missouri. Authorizes the Secretary to carry out FY2012 major medical facility leases (leases) at specified outpatient and community-based outpatient clinics in Alabama, California, Georgia, Indiana, Missouri, New York, and Oregon. Authorizes appropriations for such projects and leases. Provides project and lease funding limitations. Directs the Secretary to include in the prospectus required to be submitted to Congress with a request for funding of a major medical facility project or lease: (1) a detailed estimate of the total costs of the medical facility including the number of personnel and itemized costs for construction, activation, special purpose alteration, ancillary services, and equipment. And (2) data concerning demographics, workload, utilization, and operating costs over a 5-, 10-, and 20-year period. Requires further, in the case of a proposed new or replacement facility, a detailed: (1) report of the consideration given to acquiring an existing facility by lease or purchase and to the sharing of health-care resources with the Department of Defense (DOD), and (2) total cost estimate and a cost-benefit comparison for each considered alternative to construction of the facility and an explanation of why the preferred alternative is the most effective means to achieve the stated project goals. Prohibits the Secretary from using bid savings on a major construction project to expand the purpose of such a project until after submitting specified information to the congressional veterans committees, including the major project that is the source of the bid savings and the major project for which the Secretary intends to expand the purpose. Designates the VA telehealth clinic in Craig, Colorado, as the Major William Edward Adams Department of Veterans Affairs Clinic. Designates the VA medical center in Big Spring, Texas, as the George H. O'Brien, Jr. Department of Veterans Affairs Medical Center. Extends through 2012 specified authority for: (1) treatment, rehabilitation, and additional services for seriously mentally ill and homeless veterans, (2) housing assistance for homeless veterans, and (3) the Advisory Committee on Homeless Veterans. Extends through FY2012 the authority of the Secretary of Labor to conduct homeless veterans reintegration programs. Extends through 2018 the authority for transfers of real property under the Secretary's jurisdiction or control. Extends to September 30, 2020, the recovery audit program for certain fee basis and other medical services contracts concerning non-VA care and services for veterans and beneficiaries. Increases authorized amounts for the VA comprehensive service programs for FY2012. Provides a reduced amount for FY2013 and thereafter. Increases and extends through FY2012 the authorization of appropriations for the VA program of financial assistance for supportive services for very low-income veteran families residing in permanent housing. Extends through: (1) FY2012 a VA grant program for homeless veterans with special needs, and (2) the end of 2012 specially adapted housing assistance for disabled veterans residing temporarily in housing owned by a family member. Extends through November 18, 2011, VA authority to: (1) charge a loan fee for certain subsequent housing loans made to veterans, and (2) verify veterans' income information from the Secretary of the Treasury or the Commissioner of Social Security. Extends through November 18, 2011, VA authority to verify veterans' income information through the Secretary of Health and Human Services (HHS) before terminating or reducing certain benefits and services. Makes a conforming amendment to part D of title IV of the Social Security Act authorizing the release of such information by the HHS Secretary.","title":"To authorize certain Department of Veterans Affairs major medical facility projects and leases, to extend certain expiring provisions of law, and to modify certain authorities of the Secretary of Veterans Affairs, and for other purposes.","text_len":18643,"sum_len":4286} {"bill_id":"114_hr2992","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Merchant Marine of World War II \nCongressional Gold Medal Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) 2015 marks the 70th anniversary of the Allied victory \n in World War II and the restoration of peacetime across the \n European and Pacific theaters.\n (2) The United States Merchant Marine was integral in \n providing the link between domestic production and the fighting \n forces overseas, providing combat equipment, fuel, food, \n commodities, and raw materials to troops stationed overseas.\n (3) Fleet Admiral Ernest J. King acknowledged the \n indispensability of the Merchant Marine to the victory in a \n 1945 letter stating that without their support, ``the Navy \n could not have accomplished its mission''.\n (4) President and former Supreme Commander of the Allied \n Forces, Dwight D. Eisenhower, acknowledged that ``through the \n prompt delivery of supplies and equipment to our armed forces \n overseas, and of cargoes representing economic and military aid \n to friendly nations, the American Merchant Marine has \n effectively helped to strengthen the forces of freedom \n throughout the world''.\n (5) Military missions and war planning were contingent upon \n the availability of resources and that the United States \n Merchant Marine played a vital role in this regard, ensuring \n the efficient and reliable transoceanic transport of military \n equipment as well as both military and civilian personnel.\n (6) The United States Merchant Marine provided for the \n successful transport of resources and personnel despite \n consistent and ongoing exposure to enemy combatants from both \n the air and the sea, such as enemy bomber squadrons, \n submarines, and mines.\n (7) The efforts of the United States Merchant Marine were \n not without sacrifices as they bore a higher per capita \n casualty rate than any other branch of the military during the \n war.\n (8) The United States Merchant Marine proved to be an \n instrumental asset on untold occasions, participating in every \n landing operation by the United States Marine Corps from \n Guadalcanal to Iwo Jima as well as providing, for instance, the \n bulk tonnage of material necessary for the invasion of Normandy \n which ``would not have been possible without the Merchant \n Marine'', as a 1944 New York Times article observed.\n (9) In also assessing their performance, General Dwight D. \n Eisenhower stated, ``every man in this Allied command is quick \n to express his admiration for the loyalty, courage, and \n fortitude of the officers and men of the Merchant Marine. We \n count upon their efficiency and their utter devotion to duty as \n we do our own; they have never failed us''.\n (10) During a September 1944 speech, President Franklin D. \n Roosevelt stated, the Merchant Marine has ``delivered the goods \n when and where needed in every theater of operations and across \n every ocean in the biggest, the most difficult, and dangerous \n transportation job ever undertaken. As time goes on, there will \n be greater public understanding of our merchant fleet's record \n during this war.''.\n (11) The feats and accomplishments of the Merchant Marine \n are deserving of broader public recognition.\n (12) The United States will be forever grateful and \n indebted to the U.S. Merchant Marine for their effective, \n reliable, and courageous transport of goods and resources in \n enemy territory throughout theaters of every variety in World \n War II; that these goods and resources saved thousands of lives \n and enabled the Allied Powers to claim victory in World War II.\n (13) The Congressional Gold Medal will be an appropriate \n way to shed further light on the service of the Merchant Marine \n in World War II and the instrumental role they played in \n winning World War II.\n\nSEC. 3. CONGRESSIONAL GOLD MEDAL.\n\n (a) Award Authorized.--The Speaker of the House of Representatives \nand the President pro tempore of the Senate shall make appropriate \narrangements for the award, on behalf of the Congress, of a single gold \nmedal of appropriate design to the U.S. Merchant Marine of World War \nII, in recognition of their dedicated and vital service during World \nWar II.\n (b) Design and Striking.--For the purposes of the award referred to \nin subsection (a), the Secretary of the Treasury (hereafter referred to \nas the ``Secretary'') shall strike the gold medal with suitable \nemblems, devices, and inscriptions, to be determined by the Secretary.\n (c) American Merchant Marine Museum.--\n (1) In general.--Following the award of the gold medal in \n honor of the U.S. Merchant Marine, the gold medal shall be \n given to the American Merchant Marine Museum, where it will be \n available for display as appropriate and available for \n research.\n\nSEC. 4. DUPLICATE MEDALS.\n\n Under such regulations as the Secretary may prescribe, the \nSecretary may strike and sell duplicates in bronze of the gold medal \nstruck under section 3, at a price sufficient to cover the costs of the \nmedals, including labor, materials, dies, use of machinery, and \noverhead expenses.\n\nSEC. 5. STATUS OF MEDALS.\n\n (a) National Medals.--Medals struck pursuant to this Act are \nnational medals for purposes of chapter 51 of title 31, United States \nCode.\n (b) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all medals struck under this Act shall be \nconsidered to be numismatic items.\n\n Passed the House of Representatives November 30, 2016.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"Merchant Marine of World War II Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award, on behalf of Congress, of a single gold medal to the US Merchant Marine of World War II, in recognition of their dedicated and vital service during World War II. Following its award the medal shall be given to the American Merchant Marine Museum where it will be available for display and research.","title":"Merchant Marine of World War II Congressional Gold Medal Act","text_len":6222,"sum_len":492} {"bill_id":"109_hr469","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``United States-Mexico Transboundary \nAquifer Assessment Act''.\n\nSEC. 2. PURPOSE.\n\n The purpose of this Act is to direct the Secretary of the Interior \nto establish a United States-Mexico transboundary aquifer assessment \nprogram to--\n (1) systematically assess priority transboundary aquifers; \n and\n (2) provide the scientific foundation necessary for State \n and local officials to address pressing water resource \n challenges in the United States-Mexico border region.\n\nSEC. 3. DEFINITIONS.\n\n In this Act:\n (1) Aquifer.--The term ``aquifer'' means a subsurface \n water-bearing geologic formation from which significant \n quantities of water may be extracted.\n (2) Border state.--The term ``Border State'' means each of \n the States of Arizona, California, New Mexico, and Texas.\n (3) Indian tribe.--The term ``Indian tribe'' means an \n Indian tribe, band, nation, or other organized group or \n community--\n (A) that is recognized as eligible for the special \n programs and services provided by the United States to \n Indians because of their status as Indians; and\n (B) the reservation of which includes a \n transboundary aquifer within the exterior boundaries of \n the reservation.\n (4) Priority transboundary aquifer.--The term ``priority \n transboundary aquifer'' means a transboundary aquifer that has \n been designated for study and analysis under the program.\n (5) Program.--The term ``program'' means the United States-\n Mexico transboundary aquifer assessment program established \n under section 4(a).\n (6) Reservation.--The term ``reservation'' means land that \n has been set aside or that has been acknowledged as having been \n set aside by the United States for the use of an Indian tribe, \n the exterior boundaries of which are more particularly defined \n in a final tribal treaty, agreement, executive order, Federal \n statute, secretarial order, or judicial determination.\n (7) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior, acting through the Director of the United \n States Geological Survey.\n (8) Transboundary aquifer.--The term ``transboundary \n aquifer'' means an aquifer that underlies the boundary between \n the United States and Mexico.\n (9) Tri-regional planning group.--The term ``Tri-Regional \n Planning Group'' means the binational planning group comprised \n of--\n (A) the Junta Municipal de Agua y Saneamiento de \n Ciudad Juarez;\n (B) the El Paso Water Utilities Public Service \n Board; and\n (C) the Lower Rio Grande Water Users Organization.\n (10) Water resources research institutes.--The term ``water \n resources research institutes'' means the institutes within the \n Border States established under section 104 of the Water \n Resources Research Act of 1984 (42 U.S.C. 10303).\n\nSEC. 4. ESTABLISHMENT OF PROGRAM.\n\n (a) In General.--The Secretary, in consultation and cooperation \nwith the Border States, the water resources research institutes, Sandia \nNational Laboratories, and other appropriate entities in the United \nStates and Mexico, shall carry out the United States-Mexico \ntransboundary aquifer assessment program to characterize, map, and \nmodel transboundary groundwater resources along the United States-\nMexico border at a level of detail determined to be appropriate for the \nparticular aquifer.\n (b) Objectives.--The objectives of the program are to--\n (1) develop and implement an integrated scientific approach \n to assess transboundary groundwater resources, including--\n (A)(i) identifying fresh and saline transboundary \n aquifers; and\n (ii) prioritizing the transboundary aquifers for \n further analysis by assessing--\n (I) the proximity of the transboundary \n aquifer to areas of high population density;\n (II) the extent to which the transboundary \n aquifer is used;\n (III) the susceptibility of the \n transboundary aquifer to contamination; and\n (IV) any other relevant criteria;\n (B) evaluating all available data and publications \n as part of the development of study plans for each \n priority transboundary aquifer;\n (C) creating a new, or enhancing an existing, \n geographic information system database to characterize \n the spatial and temporal aspects of each priority \n transboundary aquifer; and\n (D) using field studies, including support for and \n expansion of ongoing monitoring and metering efforts, \n to develop--\n (i) the additional data necessary to \n adequately define aquifer characteristics; and\n (ii) scientifically sound groundwater flow \n models to assist with State and local water \n management and administration, including \n modeling of relevant groundwater and surface \n water interactions;\n (2) expand existing agreements, as appropriate, between the \n United States Geological Survey, the Border States, the water \n resources research institutes, and appropriate authorities in \n the United States and Mexico, to--\n (A) conduct joint scientific investigations;\n (B) archive and share relevant data; and\n (C) carry out any other activities consistent with \n the program; and\n (3) produce scientific products for each priority \n transboundary aquifer that--\n (A) are capable of being broadly distributed; and\n (B) provide the scientific information needed by \n water managers and natural resource agencies on both \n sides of the United States-Mexico border to effectively \n accomplish the missions of the managers and agencies.\n (c) Designation of Priority Transboundary Aquifers.--\n (1) In general.--For purposes of the program, the Secretary \n shall designate as priority transboundary aquifers--\n (A) the Hueco Bolson and Mesilla aquifers \n underlying parts of Texas, New Mexico, and Mexico;\n (B) the Santa Cruz River Valley aquifers underlying \n Arizona and Sonora, Mexico; and\n (C) the San Pedro aquifers underlying Arizona and \n Sonora, Mexico\n (2) Additional aquifers.--The Secretary shall, using the \n criteria under subsection (b)(1)(A)(ii), evaluate and designate \n additional priority transboundary aquifers.\n (d) Cooperation With Mexico.--To ensure a comprehensive assessment \nof transboundary aquifers, the Secretary shall, to the maximum extent \npracticable, work with appropriate Federal agencies and other \norganizations to develop partnerships with, and receive input from, \nrelevant organizations in Mexico to carry out the program.\n (e) Grants and Cooperative Agreements.--The Secretary may provide \ngrants or enter into cooperative agreements and other agreements with \nthe water resources research institutes and other Border State entities \nto carry out the program.\n\nSEC. 5. IMPLEMENTATION OF PROGRAM.\n\n (a) Coordination With States, Tribes, and Other Entities.--The \nSecretary shall coordinate the activities carried out under the program \nwith--\n (1) the appropriate water resource agencies in the Border \n States;\n (2) any affected Indian tribes; and\n (3) any other appropriate entities that are conducting \n monitoring and metering activity with respect to a priority \n transboundary aquifer.\n (b) New Activity.--After the date of enactment of this Act, the \nSecretary shall not initiate any new field studies or analyses under \nthe program before consulting with, and coordinating the activity with, \nany Border State water resource agencies that have jurisdiction over \nthe aquifer.\n (c) Study Plans; Cost Estimates.--\n (1) In general.--The Secretary shall work closely with \n appropriate Border State water resource agencies, water \n resources research institutes, and other relevant entities to \n develop a study plan, timeline, and cost estimate for each \n priority transboundary aquifer to be studied under the program.\n (2) Requirements.--A study plan developed under paragraph \n (1) shall, to the maximum extent practicable--\n (A) integrate existing data collection and analyses \n conducted with respect to the priority transboundary \n aquifer;\n (B) if applicable, improve and strengthen existing \n groundwater flow models developed for the priority \n transboundary aquifer; and\n (C) be consistent with appropriate State guidelines \n and goals.\n\nSEC. 6. EFFECT.\n\n Nothing in this Act affects--\n (1) the jurisdiction or responsibility of a Border State \n with respect to managing surface or groundwater resources in \n the Border State; or\n (2) the water rights of any person or entity using water \n from a transboundary aquifer.\n\nSEC. 7. REPORTS.\n\n Not later than 5 years after the date of enactment of this Act, and \non completion of the program in fiscal year 2014, the Secretary shall \nsubmit to the appropriate water resource agency in the Border States, \nan interim and final report, respectively, that describes--\n (1) any activities carried out under the program;\n (2) any conclusions of the Secretary relating to the status \n of transboundary aquifers; and\n (3) the level of participation in the program of entities \n in Mexico.\n\nSEC. 8. AUTHORIZATION OF APPROPRIATIONS.\n\n (a) In General.--There are authorized to be appropriated to carry \nout this Act $50,000,000 for the period of fiscal years 2006 through \n2015.\n (b) Distribution of Funds.--Of the amounts made available under \nsubsection (a), 50 percent shall be made available to the water \nresources research institutes to provide funding to appropriate \nentities in the Border States (including Sandia National Laboratories, \nState agencies, universities, the Tri-Regional Planning Group, and \nother relevant organizations) and Mexico to conduct activities under \nthe program, including the binational collection and exchange of \nscientific data.","summary":"United States-Mexico Transboundary Aquifer Assessment Act - Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess transboundary groundwater resources, including identifying fresh and saline aquifers, prioritizing the aquifers for further analysis, and creating a geographic information system database for each priority aquifer. (2) expand existing agreements between the US Geological Survey, the Border States , the Water Resources Research Institutes, and appropriate US and Mexican authorities to conduct joint scientific investigations and archive and share relevant data. And (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information. Designates as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers, (2) Santa Cruz River Valley aquifers. And (3) San Pedro aquifers. Requires the Secretary of the Interior to: (1) develop partnerships with relevant organizations in Mexico. And (2) coordinate activities with water resource agencies in the Border States and affected Indian tribes. Prohibits the Secretary from initiating any field studies before consulting and coordinating with the Border State water resource agency with jurisdiction over the aquifer. Authorizes the Secretary to make grants and enter into cooperative agreements with water resource agencies and Border States to carry out the program.","title":"To authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes.","text_len":11334,"sum_len":1599} {"bill_id":"109_s4060","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Effective Terrorists Prosecution Act \nof 2006''.\n\nSEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT.\n\n Paragraph (1) of section 948a of title 10, United States Code (as \nenacted by the Military Commissions Act of 2006 (Public Law 109-366)), \nis amended to read as follows:\n ``(1) Unlawful enemy combatant.--The term `unlawful enemy \n combatant' means an individual who directly participates in \n hostilities as part of an armed conflict against the United \n States who is not a lawful enemy combatant. The term is used \n solely to designate individuals triable by military commission \n under this chapter.''.\n\nSEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY COMBATANT \n STATUS REVIEW TRIBUNAL NOT DISPOSITIVE FOR PURPOSES OF \n JURISDICTION OF MILITARY COMMISSIONS.\n\n Section 948d of title 10, United States Code (as enacted by the \nMilitary Commissions Act of 2006 (Public Law 109-366)), is amended--\n (1) by striking subsection (c); and\n (2) by redesignating subsection (d) as subsection (c).\n\nSEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS \n OBTAINED BY COERCION.\n\n Section 948r of title 10, United States Code (as enacted by the \nMilitary Commissions Act of 2006 (Public Law 109-366)), is amended by \nstriking subsections (c) and (d) and inserting the following new \nsubsection (c):\n ``(c) Exclusion of Statements Obtained by Coercion.--A statement \nobtained by use of coercion shall not be admissible in a military \ncommission under this chapter, except against a person accused of \ncoercion as evidence that the statement was made.''.\n\nSEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE \n DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE \n VALUE.\n\n Section 949a(b)(2)(E)(ii) of title 10, United States Code (as \nenacted by the Military Commissions Act of 2006 (Public Law 109-366)), \nis amended by striking ``if the party opposing the admission of the \nevidence demonstrates that the evidence is unreliable or lacking in \nprobative value'' and inserting ``if the military judge determines, \nupon motion by counsel, that the evidence is unreliable or lacking in \nprobative value''.\n\nSEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT \n THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS \n INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A \n FAIR TRIAL.\n\n Section 949j(d)(1) of title 10, United States Code (as enacted by \nthe Military Commissions Act of 2006 (Public Law 109-366)), is amended \nby adding at the end the following: ``If the military judge determines \nthat the substitute is not sufficient to protect the right of the \ndefendant to a fair trial, the military judge may--\n ``(A) dismiss the charges in their entirety;\n ``(B) dismiss the charges or specifications or both to \n which the information relates; or\n ``(C) take such other actions as may be required in the \n interest of justice.''.\n\nSEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT \n OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF \n MILITARY COMMISSION REVIEW.\n\n (a) Review.--\n (1) In general.--Section 950f of title 10, United States \n Code (as enacted by the Military Commissions Act of 2006 \n (Public Law 109-366)), is amended to read as follows:\n``Sec. 950f. Review by Court of Appeals for the Armed Forces\n ``(a) Cases To Be Reviewed.--The United States Court of Appeals for \nthe Armed Forces, in accordance with procedures prescribed under \nregulations of the Secretary, shall review the record in each case that \nis referred to the Court by the convening authority under section 950c \nof this title with respect to any matter of law raised by the accused.\n ``(b) Scope of Review.--In a case reviewed by the United States \nCourt of Appeals for the Armed Forces under this section, the Court may \nonly act with respect to matters of law.''.\n (2) Clerical amendment.--The table of sections at the \n beginning of subchapter VI of chapter 47A of such title (as so \n enacted) is amended by striking the item relating to section \n 950f and inserting the following new item:\n\n``950f. Review by Court of Appeals for the Armed Forces.''.\n (b) Conforming Amendments.--\n (1) In general.--Chapter 47A of title 10, United States \n Code (as so enacted), is further amended as follows:\n (A) In section 950c(a), by striking ``the Court of \n Military Commission Review'' and inserting ``the United \n States Court of Appeals for the Armed Forces''.\n (B) In section 950d, by striking ``the Court of \n Military Commission Review'' each place it appears and \n inserting ``the United States Court of Appeals for the \n Armed Forces''.\n (C) In section 950g(a)(2), by striking ``the Court \n of Military Commission Review'' each place it appears \n and inserting ``the United States Court of Appeals for \n the Armed Forces''.\n (D) In section 950h, by striking ``the Court of \n Military Commission Review'' each place it appears and \n inserting ``the United States Court of Appeals for the \n Armed Forces''.\n (2) Uniform code of military justice.--Section 867a(a) of \n title 10, United States Code (article 67a(a) of the Uniform \n Code of Military Justice), is amended by striking ``Decisions'' \n and inserting ``Except as provided in sections 950d and 950g of \n this title, decisions''.\n\nSEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.\n\n (a) In General.--Section 6(a) of the Military Commissions Act of \n2006 (Public Law 109-366) is amended--\n (1) in paragraph (2)--\n (A) in the first sentence, by inserting after \n ``international character'' the following: ``and \n preserve the capacity of the United States to prosecute \n nationals of enemy powers for engaging in acts against \n members of the United States Armed Forces and United \n States citizens that have been prosecuted by the United \n States as war crimes in the past''; and\n (B) by striking the second sentence; and\n (2) in paragraph (3)--\n (A) in subparagraph (A)--\n (i) by striking ``the President has the \n authority for the United States to interpret \n the meaning and application of the Geneva \n Conventions and to promulgate'' and inserting \n ``the President has the authority, subject to \n congressional oversight and judicial review, to \n promulgate''; and\n (ii) by striking ``higher standards and'';\n (B) in subparagraph (B), by striking \n ``interpretations'' and inserting ``rules''; and\n (C) by amending subparagraph (D) to read as \n follows:\n ``(D) The President shall notify other parties to \n the Geneva Conventions that the United States expects \n members of the United States Armed Forces and other \n United States citizens detained in a conflict not of an \n international character to be treated in a manner \n consistent with the standards described in subparagraph \n (A) and embodied in section 2441 of title 18, United \n States Code, as amended by subsection (b).''.\n (b) Modifications of War Crimes Offenses.--\n (1) Inclusion of denial of trial rights among offenses.--\n Paragraph (1) of section 2441(d) of title 18, United States \n Code (as enacted by the Military Commissions Act of 2006), is \n amended by adding at the end the following new subparagraph:\n ``(J) Denial of trial rights.--The act of a person \n who intentionally denies one or more persons the right \n to be tried before a regularly constituted court \n affording all the judicial guarantees which are \n recognized as indispensable by civilized peoples as \n prescribed by common Article 3 of the Geneva \n Conventions.''.\n (2) Definition of serious physical pain or suffering.--\n Clause (ii) of subparagraph ((D) of paragraph (2) of such \n section (as so enacted) is amended to read as follows:\n ``(ii) serious physical pain;''.\n\nSEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE \n UNITED STATES.\n\n (a) Restoration.--Subsection (e) of section 2241 of title 28, \nUnited States Code, as amended by section 7(a) of the Military \nCommissions Act of 2006 (Public Law 109-366), is repealed.\n (b) Conforming Amendment.--Subsection (b) of section 7 of the \nMilitary Commissions Act of 2006 (Public Law 109-366) is repealed.\n\nSEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006.\n\n Notwithstanding any other provision of law, the following rules \nshall apply to any civil action, including an action for declaratory \njudgment, that challenges any provision of the Military Commissions Act \nof 2006 (Public Law 109-366), or any amendment made by that Act, on the \nground that such provision or amendment violates the Constitution or \nthe laws of the United States:\n (1) The action shall be filed in the United States District \n Court for the District of Columbia and shall be heard in that \n Court by a court of three judges convened pursuant to section \n 2284 of title 28, United States Code.\n (2) An interlocutory or final judgment, decree, or order of \n the United States District Court for the District of Columbia \n in an action under paragraph (1) shall be reviewable as a \n matter of right by direct appeal to the Supreme Court of the \n United States. Any such appeal shall be taken by a notice of \n appeal filed within 10 days after the date on which such \n judgment, decree, or order is entered. The jurisdictional \n statement with respect to any such appeal shall be filed within \n 30 days after the date on which such judgment, decree, or order \n is entered.\n (3) It shall be the duty of the United States District \n Court for the District of Columbia and the Supreme Court of the \n United States to advance on the docket and to expedite to the \n greatest possible extent the disposition of any action or \n appeal, respectively, brought under this section.\n\nSEC. 11. EFFECTIVE DATE.\n\n The amendments made by this Act shall take effect on October 17, \n2006, the date of the enactment of the Military Commissions Act of 2006 \n(Public Law 109-366), immediately after the enactment of that Act and \nshall apply to all cases, without exception, that are pending on or \nafter such date.","summary":"Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion. (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value. (3) provide for review of commission decisions by the US Court of Appeals for the Armed Forces rather than the Court of Military Commission Review. (4) revise generally provisions concerning the implementation of treaty obligations with respect to the US prosecution of enemy combatants. (5) restore habeas corpus rights for individuals detained by the United States. And (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006.","title":"A bill to amend the Military Commissions Act of 2006 to improve and enhance due process and appellate procedures, and for other purposes.","text_len":11533,"sum_len":841} {"bill_id":"104_hr2253","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Endangered Species Community \nAdvisory Board Act of 1995''.\n\nSEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER \n ENDANGERED SPECIES ACT OF 1973.\n\n The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is \namended by adding at the end the following new section:\n\n ``community advisory boards\n\n ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an \nEndangered Species Community Advisory Board (in this section referred \nto as a `community advisory board') in connection with the designation \nof an area under this Act as critical habitat or as a National Wildlife \nRefuge.\n ``(2) Each community advisory board--\n ``(A) shall be comprised of 12 members appointed by the \n Secretary from among individuals recommended by the Governor of \n the State in which is located the area for which the advisory \n board is established; and\n ``(B) shall have as its chairperson a member of the \n advisory board who is an elected official of a local government \n in that area and who is designated as chairperson by the \n Secretary.\n ``(3) The term of a member of a community advisory board shall be 4 \nyears, except that of the members first appointed--\n ``(A) 3 shall be appointed for an initial term of 1 year;\n ``(B) 3 shall be appointed for an initial term of 2 years; \n and\n ``(C) 3 shall be appointed for an initial term of 3 years;\nas specified by the Secretary at the time of appointment.\n ``(4) Individuals who are Federal employees may not comprise a \nmajority of the total number of members of a community advisory board.\n ``(5) The Secretary shall prescribe regulations regarding the \nestablishment, characteristics, composition, and funding of community \nadvisory boards. However, the issuance of regulations shall not be a \nprecondition to the establishment of a community advisory board or \naffect the existence or operation of a community advisory board \nestablished before the effective date of this section.\n ``(6) The Secretary may provide for the payment of routine \nadministrative expenses of a community advisory board established for \nan area from funds available for activities relating to study of the \narea to determine whether to designate the area as critical habitat or \nas a National Wildlife Refuge.\n ``(b) Assistance for Citizen Participation.--(1) Subject to the \navailability of appropriations, the Secretary shall make available \nfunds to facilitate the participation of individuals from the private \nsector on community advisory boards for the purpose of ensuring public \ninput into the designation of areas as critical habitat or National \nWildlife Refuges.\n ``(2) The private individuals who are members of a community \nadvisory board are eligible for funding assistance under this \nsubsection only if they reside in the vicinity of the area for which \nthe community advisory board is established. For accounting and \nfinancial management purposes, such funds shall be paid to and \nadministered by the community advisory board on which the private \nindividuals are members, subject to paragraph (3).\n ``(3) Individuals who are local community members of a community \nadvisory board may use funds made available under this paragraph only--\n ``(A) to obtain technical assistance of experts in \n interpreting scientific data, material, and issues regarding \n protection of endangered species; and\n ``(B) to educate the local community in understanding such \n data, material, and issues.\n ``(c) Consultation by Secretary.--If a community advisory board is \nestablished for an area, the Secretary, before designating any of the \narea under this Act as critical habitat or as a National Wildlife \nRefuge, shall--\n ``(1) consult with and seek the advice and recommendations \n of the board regarding--\n ``(A) identifying the needs and concerns of the \n affected local community and individual landowners;\n ``(B) monitoring scientific studies and surveys \n used to determine the need for designation of the area \n as critical habitat or a National Wildlife Refuge, \n before that designation; and\n ``(C) addressing land use strategies and \n management; and\n ``(2) publish recommendations received from the board \n within 180 days after the date the Secretary initiates \n consultation under paragraph (1).\n ``(d) Monitoring and Reporting by Community Advisory Boards.--Each \ncommunity advisory board shall, with respect to critical habitat or a \nNational Wildlife Refuge for which it was established--\n ``(1) monitor and periodically report to the Secretary on \n progress made in the conservation and recovery of species for \n which that critical habitat or Refuge was designated; and\n ``(2) periodically review and report to the Secretary \n regarding the continued accuracy and sufficiency of the \n scientific findings that were the basis of that designation.\n ``(e) State Defined.--Notwithstanding section 3(17), in this \nsection the term `State' means any of the several States, the District \nof Columbia, the Commonwealth of Puerto Rico, American Samoa, the \nVirgin Islands, Guam, and the Commonwealth of the Northern Mariana \nIslands.''.","summary":"Endangered Species Community Advisory Board Act of 1995 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to establish an Endangered Species Community Advisory Board in connection with the designation of an area under the Act as critical habitat or as a National Wildlife Refuge. Allows the Secretary, subject to the availability of appropriations, to make funds available to facilitate the participation of individuals from the private sector on such Boards to ensure public input into the designation of such areas or Refuges. Requires the Board to: (1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which the critical habitat or Refuge was designated. And (2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of such designation.","title":"Endangered Species Community Advisory Board Act of 1995","text_len":5592,"sum_len":929} {"bill_id":"107_hr2495","text":"SECTION 1. FINDINGS AND PURPOSES.\n\n (a) Findings.--Congress finds that--\n (1) the Bay Mills Indian Community has a valid interest in \n certain lands in the Charlotte Beach area of Chippewa County, \n Michigan, that are located within the Community's traditional \n homelands;\n (2) the Sault Ste. Marie Tribe may have a valid interest in \n certain lands in the Charlotte Beach area of Chippewa County, \n Michigan, that are located within the Tribe's traditional \n homelands;\n (3) the Community filed a lawsuit against certain \n landowners to ascertain ownership of lands that were once owned \n and held in trust by the State of Michigan for the Community \n but which were sold by the State without the consent of the \n Tribes or the United States;\n (4) the landowners now hold clouded title to such lands and \n want to clear their title to the lands;\n (5) the Community has agreed to relinquish its interests in \n the Charlotte Beach Lands in return for its selection of \n Alternative Lands that will be taken into trust by the \n Secretary;\n (6) the Sault Ste. Marie Tribe has agreed not to assert its \n potential claim of interest in the Charlotte Beach Lands in \n return for its selection of Alternative Lands that will be \n taken into trust by the Secretary;\n (7) it is in the best interests of the Tribes and legally \n necessary for the landowners that the Congress provide for a \n land settlement agreement by passage of this Act; and\n (8) it is in the best interests of the Tribes that the \n described Alternative Lands be taken into trust as part of the \n settlement of the land claim.\n (b) Purposes.--The purposes of this Act are--\n (1) to settle the land claims of the Tribes against the \n landowners; and\n (2) to direct the Secretary to take into trust for the \n benefit of the Tribes the Alternative Lands in settlement of \n the Tribes' land claims.\n\nSEC. 2. DEFINITIONS.\n\n For purposes of this Act, the following definitions apply:\n (1) Alternative lands.--The term ``Alternative Lands'' \n means the following:\n (A) The lands chosen and acquired by the Community \n for transfer to the United States to be held in trust \n for the Community as part of the settlement of the \n claims of the Community to the Charlotte Beach Lands. \n These Alternative Lands, comprising 21.55 acres, more \n or less, are located in Vanderbilt, Michigan, and are \n more particularly described as a parcel of land on part \n of the NW \\1\/4\\ Section 22, T32N, R3W, Village of \n Vanderbilt, Otsego County, Michigan, described as \n beginning at the northwest corner of said Section 22; \n thence S88 deg. 15'18\"E, 1321.66' along the north line \n of said Section 22; thence S00 deg.06'15\"E, 271.37' \n along the westerly \\1\/8\\ line of said Section 22; \n thence 511.42' along a curve to the left, said curve \n having a radius of 5844.58', delta angle of \n 5 deg.00'48\", a long chord of 511.26', bearing \n S22 deg.58'20\"W, along the Westerly line of limited \n access highway I-75; thence N88 deg.15'18\"W, 1121.33'; \n thence N00 deg.05'27\"W, 748.19' to the point of \n beginning, containing 21.55 acres more or less and \n being subject to highway easements of varying widths as \n shown on attached Certificate of Survey, also subject \n to any other easements or restrictions of record, if \n any, Otsego County Records.\n (B) The lands chosen and acquired by the Sault \n Tribe for transfer to the United States in trust for \n the Sault Tribe as a part of the settlement of the \n potential claims of the Sault Tribe to the Charlotte \n Beach Lands. These Alternative Lands--\n (i) shall comprise a single parcel not to \n exceed 25 acres;\n (ii) shall be located within the exterior \n boundaries of the State of Michigan;\n (iii) shall be located north of the \n boundary formed by beginning on the shore of \n Lake Huron directly east of Michigan State \n Highway 46, then heading west to the eastern \n most point of Michigan State Highway 46, then \n heading westerly on Michigan State Highway 46, \n then heading southerly on Michigan State \n Highway 13, then heading westerly on Michigan \n State Highway 21 to the westernmost point of \n Michigan State Highway 21, then heading \n westerly to the easternmost point of Michigan \n State Highway 45, then heading westerly on \n Michigan State Highway 45 to the westernmost \n point of Michigan State Highway 45 to the shore \n of Lake Michigan;\n (iv) shall not be located closer than 25 \n miles from the Alternative Lands described in \n subparagraph (A) and lands that are held in \n trust for any tribe other than the Sault Tribe \n on the date of the enactment of this Act; and\n (v) shall be located within lands \n previously ceded to the United States \n Government by the Ottawa and Chippewa nations \n of Indians under the Treaty of March 28, 1836 \n (7 Stat. 491).\n (2) Charlotte beach lands.--The term ``Charlotte Beach \n Lands'' means those lands in the Charlotte Beach area of \n Michigan and described as follows: Government Lots 1, 2, 3, and \n 4 of section 7, T45N, R2E, and Lot 1 of section 18, T45N, R2E, \n Chippewa County, State of Michigan.\n (3) Community.--The term ``Community'' means the Bay Mills \n Indian Community, a federally recognized Indian tribe.\n (4) Sault tribe.--The term ``Sault Tribe'' means the Sault \n Ste. Marie Tribe of Chippewa Indians, a federally recognized \n Indian tribe.\n (5) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n (6) Tribes.--The term ``Tribes'' means the Community and \n the Sault Tribe.\n\nSEC. 3. ACCEPTANCE OF ALTERNATIVE LANDS.\n\n (a) By the Community.--Upon relinquishment by the Community of any \nand all claims to the Charlotte Beach Lands and dismissal with \nprejudice of Bay Mills Indian Community v. Western Life Assurance \nCompany et al., Case No. 2:96-CV-275, United States District Court for \nthe Western District of Michigan-Northern Division and Bay Mills Indian \nCommunity v. State of Michigan et al., Michigan Court of Claims, File \nNo. 96-16482-CM--\n (1) the Secretary shall take the Alternative Lands \n described in section 2(1)(A) into trust for the benefit of the \n Community as part of the settlement of the Community's claims \n to the Charlotte Beach Lands; and\n (2) the Alternative Lands described in section 2(1)(A) \n shall become part of the Community's reservation.\n (b) By the Sault Tribe.--The Secretary shall take the Alternative \nLands described in section 2(1)(B) into trust for the benefit of the \nSault Tribe as settlement of the Sault Tribe's claims to the Charlotte \nBeach Lands. Upon the taking of the Alternative Lands into trust, any \nand all potential claims of the Sault Tribe in and to the Charlotte \nBeach Lands shall be relinquished and extinguished thereby, and the \nlands taken into trust shall become part of the Sault Tribe's \nreservation.\n (c) Settlement of Land Claims.--The Alternative Lands are taken \ninto trust as provided in this section as part of the settlement of \nland claims of the Tribes within the meaning of section 20(b)(1)(B)(i) \nof Public Law 100-497.\n\nSEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS.\n\n (a) Approval and Ratification of Prior Transfers.--Any transfer, \nbefore the date of the enactment of this Act, of land or natural \nresources located within the boundaries of the Charlotte Beach Lands \nfrom, by, or on behalf of any Indian, Indian nation, or tribe or band \nof Indians (including the 2 bands of the Sault Ste. Marie Ottawa and \nChippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were \nchiefs) or any member thereof, shall be deemed to have been made in \naccordance with the Constitution and all laws of the United States, \nincluding without limitation, the Trade and Intercourse Act of 1790, \nAct of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby \ndoes approve and ratify such transfers effective as of the date of such \ntransfers.\n (b) Aboriginal Title Extinguished.--\n (1) In general.--Except as provided by paragraph (2), any \n aboriginal title held by any Indian, Indian nation, or tribe or \nband of Indians (including the 2 bands of the Sault Ste. Marie Ottawa \nand Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan \nwere chiefs and their members) to any land or natural resources, the \ntransfer of which was approved and ratified by subsection (a), shall be \nregarded as extinguished as of the date of such transfer.\n (2) The tribes.--To the extent that the Charlotte Beach \n Lands involve land or natural resources to which the Tribes had \n aboriginal title, relinquishment by the Tribes under section 3 \n shall be regarded as an extinguishment of such aboriginal \n title.\n (c) Extinguishment of Claims.--\n (1) In general.--Except as provided by paragraph (2), any \n claim (including any claim for damages for trespass, use, or \n occupancy) by, or on behalf of, any member of any Indian, \n Indian nation, or tribe or band of Indians (including the 2 \n bands of the Sault Ste. Marie Ottawa and Chippewa Indians of \n Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any \n member thereof against the United States, any State or \n subdivision thereof or any other person which is based on--\n (A) any interest in or right involving any land or \n natural resources of which was approved and ratified by \n subsection (a); or\n (B) any aboriginal title to land or natural \n resources the extinguishment of which was effected by \n subsection (b),\n shall be regarded as extinguished as of the date of any such \n transfer.\n (2) The tribes.--Any transfer of land within the State of \n Michigan to the Secretary to be taken in trust for the \n Community or the Sault Tribe under this Act shall be \n conditioned upon the Secretary's receipt of duly enacted \n resolutions of the elected tribal council of the Community and \n the Sault Tribe agreeing to the extinguishment of all claims \n against the United States, the State of Michigan or any \n subdivision thereof, or any person or entity by the Community \n or the Sault Tribe based on the claims to the Charlotte Beach \n Lands (including without limitation, claims for trespass \n damages, use, or occupancy) as provided in this Act, and \n agreeing to the extinguishment of any claims against the United \n States based on the enactment of this Act. The extinguishment \n of these claims is in consideration for the benefits to the \n Community and the Sault Tribe under this Act.","summary":"Requires that, upon relinquishment by the Bay Mills Indian Community of all claims to the Charlotte Beach Lands and dismissal of specified suits by the Community concerning title to such lands: (1) the Secretary of the Interior shall take certain Alternative Lands into trust for the benefit of such Community as part of the settlement of the Community's claim to the Charlotte Beach Lands. And (2) the Alternative Lands shall become part of the Community's reservation. Directs the Secretary to take certain other Michigan lands into trust for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians of Michigan as settlement of that Tribe's claims to the Charlotte Beach Lands.","title":"To provide for and approve the settlement of certain land claims of the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians.","text_len":12292,"sum_len":685} {"bill_id":"113_hr1908","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Federal Repeal of Expensive \nExchanges Act'' or the ``FREE Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress finds the following:\n (1) The Patient Protection and Affordable Care Act makes \n health care more expensive and less accessible, while also \n driving up the Federal deficit and debt.\n (2) This increase in cost is most noticeable in the health \n insurance exchanges established under such Act, which would \n increase the Federal deficit by $1.017 trillion over an eleven-\n year timeframe, as stated in a July, 2012 Congressional Budget \n Office report.\n (3) The Federal mandate to establish health insurance \n exchanges directly assaults the States' traditional authority \n to regulate health insurance.\n (4) Such Federal mandate imposes unknown insurance costs on \n consumers and administrative costs on States.\n (5) Such Federal mandate imposes a ``one-size-fits-all'' \n approach that ignores State differences.\n (6) Such Federal mandate undermines choice and competition \n and guarantees further consolidation of the health insurance \n markets.\n\nSEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT \n PREMIUM TAX CREDITS AND COST-SHARING SUBSIDIES.\n\n (a) Premium Tax Credits.--The Internal Revenue Code of 1986 is \namended by striking section 36B.\n (b) Advance Determination and Payment of Premium Tax Credits and \nCost-Sharing Reductions.--The Patient Protection and Affordable Care \nAct is amended by striking section 1412.\n (c) Cost-Sharing.--The Patient Protection and Affordable Care Act \nis amended by striking section 1402.\n (d) Conforming Amendments.--\n (1) Internal revenue code of 1986.--\n (A) Section 280C of the Internal Revenue Code of \n 1986 is amended by striking subsection (g).\n (B) Clause (iii) of section 6055(b)(1)(B) of such \n Code is amended to read as follows:\n ``(iii) in the case of minimum essential \n coverage which consists of health insurance \n coverage, information concerning whether or not \n the coverage is a qualified health plan offered \n through an Exchange established under section \n 1311 of the Patient Protection and Affordable \n Care Act, and''; and\n (C) Section 6103(l)(21) of such Code is amended--\n (i) by striking ``any premium tax credit \n under section 36B or any cost-sharing reduction \n under section 1402 of the Patient Protection \n and Affordable Care Act or'' in the matter \n preceding subparagraph (i),\n (ii) by striking ``(as defined in section \n 36B)'' in subparagraph (A)(iv), and\n (iii) by adding at the end the following:\n ``(D) Modified adjusted gross income.--For purposes \n of this paragraph, the term `modified adjusted gross \n income' means adjusted gross income increased by--\n ``(i) any amount excluded from gross income \n under section 911,\n ``(ii) any amount of interest received or \n accrued by the taxpayer during the taxable year \n which is exempt from tax, and\n ``(iii) an amount equal to the portion of \n the taxpayer's social security benefits (as \n defined in section 86(d)) which is not included \n in gross income under section 86 for the \n taxable year.''.\n (D) Section 6211(b)(4)(A) of such Code is amended \n by striking ``36B,''.\n (E) The table of sections for subpart C of part IV \n of subchapter A of chapter 1 of such Code is amended by \n striking the item relating to section 36B.\n (2) Fair labor standards act of 1938.--\n (A) Section 18B(a) of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 218b(a)) is amended--\n (i) by inserting ``and'' at the end of \n paragraph (1), and\n (ii) by striking paragraph (2) and \n redesignating paragraph (3) as paragraph (2).\n (B) Section 18C(a) of the Fair Labor Standards Act \n of 1938 (29 U.S.C. 218c(a)) is amended by striking \n paragraph (1) and by redesignating paragraphs (2) \n through (5) as paragraphs (1) through (4), \n respectively.\n (3) Public health service act.--Title XXVII of the Public \n Health Service Act (42 U.S.C. 300gg et seq.) is amended--\n (A) in section 2705(l)(3)(A) (42 U.S.C. 300gg-\n 4(l)(3)(A))--\n (i) by striking the em dash before clause \n (i) and inserting ``will not result in any \n decrease in coverage.''; and\n (ii) by striking clauses (i) and (ii); and\n (B) in section 2793(c) (300gg-93(c))--\n (i) by inserting ``and'' at the end of \n paragraph (3);\n (ii) by striking ``; and'' at the end of \n paragraph (4); and\n (iii) by striking paragraph (5).\n (4) Patient protection and affordable care act.--The \n Patient Protection and Affordable Care Act (Public Law 111-148, \n as amended) is amended--\n (A) in section 1303(b) by striking paragraph (2);\n (B) in section 1311(c)(5)(B) (42 U.S.C. \n 18031(c)(5)(B)), by striking ``or eligible for a \n premium tax credit or cost-sharing reduction'';\n (C) in section 1311(d)(4) (42 U.S.C. 18031(d)(4))--\n (i) in subparagraph (G), by striking \n ``after the application of any premium tax \n credit'' and all that follows through ``section \n 1402''; and\n (ii) in subparagraph (I), by striking \n clause (ii);\n (D) in section 1311(i)(3)(B) (42 U.S.C. \n 18031(i)(3)(B)), by striking ``, and the availability \n of premium tax credits'' and all that follows through \n ``section 1402'';\n (E) in section 1312(e) (42 U.S.C. 18032(e))--\n (i) in paragraph (1), by striking ``; and'' \n and inserting a period;\n (ii) by striking paragraph (2); and\n (iii) by striking ``brokers--'' and all \n that follows through ``to enroll'' and \n inserting ``brokers to enroll'';\n (F) in section 1313(a)(6)(A) (42 U.S.C. \n 18033(a)(6)(A)), by striking ``, including payments of \n premium tax credits and cost-sharing reductions through \n the Exchange'';\n (G) in section 1331(d)(3)(A)(i) (42 U.S.C. 18051) \n is amended by inserting ``and the Federal Repeal of \n Expensive Exchanges Act had not been enacted'' before \n the period at the end;\n (H) in section 1332(a) (42 U.S.C. 18052(a))--\n (i) in paragraph (2)--\n (I) by striking subparagraph (C); \n and\n (II) in subparagraph (D) by \n striking ``36B, 4980H,'' and inserting \n ``4980H''; and\n (ii) in paragraph (3), by striking \n ``premium tax credits, cost-sharing \n reductions'';\n (I) in section 1334(c) (42 U.S.C. 18054(c)) by \n striking paragraph (3);\n (J) in section 1401(c)(1)(A), by striking clause \n (i);\n (K) in section 1411 (42 U.S.C. 18081)--\n (i) in subsection (a)(1)--\n (I) by striking ``or who is \n claiming a premium tax credit or \n reduced cost-sharing,''; and\n (II) by striking ``sections \n 1312(f)(3), 1402(e), and 1412(d)'' and \n inserting ``section 1312(f)(3)'';\n (ii) in subsection (a), by striking \n paragraph (2);\n (iii) in subsection (b), by striking \n paragraphs (3) and (4);\n (iv) in subsection (e)--\n (I) in paragraph (2), by amending \n subparagraph (A) to read as follows:\n ``(A) Eligibility for enrollment.--If information \n provided by an applicant under paragraphs (1) and (2) \n of subsection (b) is verified under subsections (c) and \n (d) the individual's eligibility to enroll through the \n Exchange shall be satisfied.''; and\n (II) in paragraph (4)(B), by \n striking clauses (ii) and (iii) and \n redesignating clause (iv) as clause \n (ii);\n (v) by striking subsection (f)(2);\n (vi) in subsection (g)(1)--\n (I) by striking ``or for a premium \n tax credit or cost-sharing reduction'', \n and\n (II) by striking ``, determine \n eligibility, and determine the amount \n of the credit or reduction'' and \n inserting ``and determine \n eligibility''; and\n (vii) in subsection (g)(2) by striking ``or \n to claim a premium tax credit or cost-sharing \n reduction or the amount of the credit or \n reduction'';\n (L) in section 1413(e)(1) (42 U.S.C. 18083(e)(1)), \n by striking ``, including the premium tax credits under \n section 36B of the Internal Revenue Code of 1986 and \n cost-sharing reductions under section 1402'';\n (M) by striking section 1415 (42 U.S.C. 18084); and\n (N) in section 2901 (25 U.S.C. 1623), by striking \n subsection (a).\n (5) Social security act.--Section 1943(b) of the Social \n Security Act (42 U.S.C. 1396w-3(b)) is amended--\n (A) in paragraph (1)(C)--\n (i) by striking ``and, if applicable, \n premium assistance'' and all that follows \n through ``section 1412 of the Patient \n Protection and Affordable Care Act),''; and\n (ii) by striking ``reduced cost-sharing for \n eligible individuals under section 1402 of the \n Patient Protection and Affordable Care Act, and \n any other'' and inserting ``any'';\n (B) in paragraph (1)(D), by striking ``, child \n health assistance, or premium assistance,'' and \n inserting ``or child health assistance,'';\n (C) by striking paragraph (2); and\n (D) in paragraph (4), by striking ``and who is \n eligible to receive premium credit assistance for the \n purchase of a qualified health plan under section 36B \n of the Internal Revenue Code of 1986''.\n\nSEC. 4. REPEAL OF EMPLOYER AND INDIVIDUAL MANDATES.\n\n (a) Employer Mandate.--\n (1) In general.--Chapter 43 of the Internal Revenue Code of \n 1986 is amended by striking section 4980H, and the table of \n sections for such chapter is amended by striking the item \n relating to section 4980H.\n (2) Information return.--\n (A) Chapter 61 of such Code is amended by striking \n section 6056, and the table of sections for such \n chapter is amended by striking the item relating to \n section 6056.\n (B) Section 6724(d) of such Code is amended--\n (i) in paragraph (1)(B) by inserting ``or'' \n at the end of clause (xxiii), by striking \n ``or'' at the end of clause (xxiv) and \n inserting ``and'', and by striking clause \n (xxv), and\n (ii) in paragraph (2) by inserting ``or'' \n at the end of subparagraph (FF), by striking \n ``or'' at the end of subparagraph (GG) and \n inserting ``and'', and by striking subparagraph \n (HH).\n (3) Patient protection and affordable care act conforming \n amendments.--\n (A) Section 1332(a)(2)(D) of the Patient Protection \n and Affordable Care Act (as amended by section \n 3(d)(4)(H) of this Act) is amended by striking \n ``Sections 4980H'' and inserting ``Section''.\n (B) Section 1513 of the Patient Protection and \n Affordable Care Act is amended by striking subsection \n (c).\n (b) Repeal of Individual Health Insurance Mandate.--\n (1) In general.--Section 5000A of the Internal Revenue Code \n of 1986 is amended by adding at the end the following new \n subsection:\n ``(h) Termination.--This section shall not apply with respect to \nany month beginning after December 31, 2013.''.\n (2) Conforming amendment.--Section 1311(d)(4) of the \n Patient Protection and Affordable Care Act (42 U.S.C. \n 18031(d)(4)) is amended by striking subparagraph (H).\n (c) Effective Date.--The amendments made by this section shall \napply as if included in the respective sections the Patient Protection \nand Affordable Care Act to which such amendments relate.","summary":"Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate.","title":"FREE Act","text_len":15262,"sum_len":642} {"bill_id":"103_s1024","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Local Innovation and Coastal \nProtection Act of 1993''.\n\nSEC. 2. PROGRAM AUTHORITY.\n\n (a) In General.--Chapter III of the National Flood Insurance Act of \n1968 (42 U.S.C. 4101 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 1366. EROSION MITIGATION DEMONSTRATION PROGRAM.\n\n ``(a) In General.--The Director shall make grants, with amounts \nmade available from the Coastal Erosion Control Fund established under \nsection 1367, to demonstrate the feasibility of innovative mitigation \nactivities designed to minimize coastal erosion, preserve shorelines, \nand avoid environmental degradation.\n ``(b) Eligible Recipients.--The Director may make grants under this \nsection to--\n ``(1) any State; and\n ``(2) any community participating in the national flood \n insurance program under this title that--\n ``(A) has suffered recurring flood damages and \n claims, as determined by the Director; and\n ``(B) is in full compliance with the requirements \n under the national flood insurance program.\n ``(c) Eligible Activities.--\n ``(1) In general.--A grant under this section may be used \n to develop and test innovative techniques to minimize coastal \n erosion and preserve shorelines.\n ``(2) Priority.--In making grants under this section, the \n Director shall give a priority to eligible recipients that \n conduct projects to demonstrate the feasibility of techniques \n that--\n ``(A) have application to more than 1 location;\n ``(B) substantially broaden the applicability of \n proven erosion control techniques; or\n ``(C) avoid permanent structural alterations and \n rely instead on natural designs, including the use of \n vegetation, or temporary structures, to accomplish \n their goal.\n ``(d) Applications.--The Director shall make grants under this \nsection on the basis of a nationwide competition, in accordance with \nsuch application forms and procedures as the Director may establish.\n ``(e) Maximum Amount.--The total amount of any grant under this \nsection may not exceed $500,000 for any project assisted under this \nsection.\n ``(f) Program Requirements.--\n ``(1) Matching requirements.--\n ``(A) In general.--Except as provided in \n subparagraph (C), a grant under this section may not \n exceed 3 times the amount that the recipient certifies, \n as the Director shall require, that the recipient will \n contribute from non-Federal funds to carry out \n activities assisted with amounts provided under this \n section.\n ``(B) Non-federal funds.--For purposes of this \n subsection, the term `non-Federal funds' includes--\n ``(i) State or local agency funds,\n ``(ii) any salary paid to staff to carry \n out the activities of the recipient,\n ``(iii) the value of the time and services \n contributed by volunteers to carry out such \n activities (at a rate determined by the \n Director), and\n ``(iv) the value of any donated material or \n building and the value of any lease on a \n building.\n ``(C) No match required for evaluation.--No non-\n Federal contribution is required for the conduct of \n evaluations under paragraph (2).\n ``(2) Report.--Not later than 5 years after the receipt of \n a grant under this section, the recipient of the grant shall \n transmit to the Director a report that--\n ``(A) evaluates the long-term effectiveness of the \n techniques that were developed under this section; and\n ``(B) assesses any impact that such techniques have \n had on adjacent coastal areas.\n ``(g) Report to Congress.--The Director shall transmit to the \nCongress an annual report that--\n ``(1) summarizes the erosion mitigation techniques \n developed pursuant to this section;\n ``(2) describes the status of the Coastal Erosion Control \n Fund established under section 1367; and\n ``(3) recommends any legislative or administrative action \n necessary to further the purpose of this section.\n ``(h) Authorization.--There are authorized to be appropriated to \ncarry out this section, from the Coastal Erosion Control Fund under \nsection 1367, $12,500,000 for each of the fiscal years 1994 through \n1997.''.\n\nSEC. 3. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND.\n\n Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. \n4101 et seq.), as amended by section 2, is further amended by adding at \nthe end the following new section:\n\n``SEC. 1367. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND.\n\n ``(a) In General.--The Director shall establish in the Treasury of \nthe United States a fund to be known as the Coastal Erosion Control \nFund (hereafter in this section referred to as the `Fund'), which shall \nbe available, to the extent provided in appropriation Acts, for grants \nunder section 1366.\n ``(b) Credits.--The Fund shall be credited with any premium \nsurcharges assessed under section 1308(e).''.\n\nSEC. 4. INSURANCE PREMIUM MITIGATION SURCHARGE.\n\n (a) In General.--Section 1308 of the National Flood Insurance Act \nof 1968 (42 U.S.C. 4015) is amended by adding at the end the following \nnew subsections:\n ``(e) Notwithstanding any other provision of this title, the \nDirector shall assess, with respect to each contract for flood \ninsurance coverage under this title, an annual mitigation surcharge of \n$5. The surcharges shall be paid into the Coastal Erosion Control Fund \nunder section 1367, and shall not be subject to any agents' \ncommissions, company expenses allowances, or State or local premium \ntaxes.\n ``(f) The Director shall not assess any surcharge under subsection \n(e) if the balance of the Fund exceeds $15,000,000.\n ``(g) The Director shall transmit to those who paid a surcharge \nunder subsection (e)--\n ``(1) an annual report describing the expenditures of the \n Fund during the preceding fiscal year; and\n ``(2) any unobligated funds that remain in the Fund at the \n end of fiscal year 1997.''.\n (b) Applicability.--The amendment made by subsection (a) shall \napply to any contract for flood insurance under the National Flood \nInsurance Act of 1968 issued or renewed after the date of enactment of \nthis Act.\n\nSEC. 5. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS.\n\n Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. \n4101 et seq.), as amended by sections 2 and 3, is further amended by \nadding at the end the following new section:\n\n``SEC. 1368. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS.\n\n ``(a) Preferred Erosion Mitigation Measures.--The Director shall \nevaluate the effectiveness of the erosion mitigation measures funded \nunder section 1366 and shall publish a list of the most effective of \nsuch measures in the Federal Register.\n ``(b) Rate Incentives for Communities.--The Director shall provide \nincentives in the form of adjustments in the premium rates for flood \ninsurance coverage in areas that the Director determines have \nimplemented erosion mitigation measures contained in the list published \npursuant to subsection (a).''.","summary":"Local Innovation and Coastal Protection Act of 1993 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to make grants from the Coastal Erosion Control Fund to States and qualifying communities for an erosion mitigation demonstration program. Gives grant priority to projects that: (1) have multiple location applicability, (2) broaden existing erosion control techniques. Or (3) rely on natural designs rather than structural alterations. Authorizes appropriations. Establishes in the Treasury the Coastal Erosion Control Fund. Requires the Director to: (1) assess an annual five-dollar flood insurance premium mitigation surcharge to be paid into such Fund, unless the Fund's balance exceeds $15 million. (2) evaluate and publish a list of the most effective erosion mitigation measures. And (3) provide flood insurance rate incentives for erosion mitigation efforts.","title":"Local Innovation and Coastal Protection Act of 1993","text_len":7867,"sum_len":934} {"bill_id":"115_s1449","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Serving our Rural Veterans Act of \n2017''.\n\nSEC. 2. SENSE OF CONGRESS.\n\n It is the sense of Congress that--\n (1) the Department of Veterans Affairs relies on agreements \n with the Indian Health Service and tribal health organizations \n to serve native and non-native veteran populations in certain \n areas, especially rural areas of the United States, due to \n limited infrastructure or personnel of the Department in those \n areas;\n (2) the Department should support the practice of rural \n health care in the United States because such care is crucial \n to fulfilling the mission of the Department to provide the \n highest quality care for veterans; and\n (3) education regarding the unique health needs of veterans \n is necessary for all health care providers and is especially \n important for providers in rural health care delivery systems, \n including those affiliated with Indian tribes and tribal health \n organizations that care for a significant number of veterans.\n\nSEC. 3. AUTHORIZATION OF PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR \n TRAINING AND SUPERVISION OF RESIDENTS OR INTERNS AT \n FACILITIES THAT ARE NOT DEPARTMENT FACILITIES.\n\n (a) In General.--Subsection (c) of section 7406 of title 38, United \nStates Code, is amended by striking ``Department facility'' each place \nit appears and inserting ``covered facility''.\n (b) Covered Facility Defined.--Subsection (a)(2) of such section is \namended by adding at the end the following new subparagraph:\n ``(C) The term `covered facility' means any of the \n following:\n ``(i) A Department facility.\n ``(ii) A facility operated by an Indian tribe or a \n tribal organization, as those terms are defined in \n section 4 of the Indian Self-Determination and \n Education Assistance Act (25 U.S.C. 5304).\n ``(iii) A facility operated by the Indian Health \n Service.\n ``(iv) A Federally-qualified health center, as \n defined in section 1905(l)(2)(B) of the Social Security \n Act (42 U.S.C. 1396d(l)(2)(B)).\n ``(v) A community health center.''.\n\nSEC. 4. PILOT PROGRAM TO ESTABLISH OR AFFILIATE WITH GRADUATE MEDICAL \n RESIDENCY PROGRAMS AT FACILITIES OPERATED BY INDIAN \n TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN HEALTH \n SERVICE IN RURAL AREAS.\n\n (a) In General.--The Secretary of Veterans Affairs, in consultation \nwith the Director of the Indian Health Service, shall carry out a pilot \nprogram--\n (1) to establish graduate medical education residency \n training programs at covered facilities; or\n (2) to affiliate with established programs described in \n paragraph (1).\n (b) Locations.--\n (1) In general.--The Secretary shall carry out the pilot \n program at not more than four covered facilities that have been \n selected by the Secretary for purposes of the pilot program.\n (2) Criteria.--The Secretary shall establish criteria for \n selecting covered facilities under paragraph (1).\n (c) Duration.--The Secretary shall implement the pilot program \nduring the eight-year period beginning on the date that is 180 days \nafter the date of the enactment of this Act.\n (d) Reimbursement of Costs.--The Secretary shall reimburse each \ncovered facility participating in the pilot program for the following \ncosts associated with the pilot program:\n (1) Curriculum development.\n (2) Recruitment, training, supervision, and retention of \n residents and faculty.\n (3) Accreditation of programs of education under the pilot \n program by the Accreditation Council for Graduate Medical \n Education (ACGME) or the American Osteopathic Association \n (AOA).\n (4) The portion of faculty salaries attributable to \n activities relating to carrying out the pilot program.\n (5) Payment for expenses relating to providing medical \n education under the pilot program.\n (e) Period of Obligated Service.--\n (1) In general.--The Secretary shall enter into an \n agreement with each individual who participates in the pilot \n program under which such individual agrees to serve a period of \n one year of obligated service at a covered facility or a \n facility of the Department of Veterans Affairs for each year in \n which the individual participates in the pilot program under \n this section.\n (2) Breach.--An individual who participates in the pilot \n program and fails to satisfy the period of obligated service \n under paragraph (1) shall be liable to the United States, in \n lieu of such obligated service, for the amount that has been \n paid or is payable to or on behalf of the individual under the \n pilot program, reduced by the proportion that the number of \n days served for completion of the period of obligated service \n bears to the total number of days in the period of obligated \n service of such individual.\n (3) Loan repayment.--During the period of obligated service \n of an individual under paragraph (1), the individual--\n (A) shall be deemed to be an eligible individual \n under subsection (b) of section 108 of the Indian \n Health Care Improvement Act (25 U.S.C. 1616a) for \n purposes of participation in the Indian Health Service \n Loan Repayment Program under such section during the \n portion of such period that the individual serves at a \n covered facility; and\n (B) shall be deemed to be an eligible individual \n under section 7682(a) of title 38, United States Code, \n for purposes of participation in the Department of \n Veterans Affairs Education Debt Reduction Program under \n subchapter VII of chapter 76 of such title during the \n portion of such period that the individual serves at a \n facility of the Department.\n (4) Concurrent service.--Any period of obligated service \n required of an individual under paragraph (1) shall be served--\n (A) with respect to service at a covered facility, \n concurrently with any period of obligated service \n required of the individual by the Indian Health \n Service; and\n (B) with respect to service at a facility of the \n Department of Veterans Affairs, concurrently with any \n period of obligated service required of the individual \n by the Department.\n (f) Report.--Not later than three years before the termination of \nthe pilot program under subsection (c), the Secretary of Veterans \nAffairs shall submit to the Committee on Veterans' Affairs of the \nSenate and the Committee on Veterans' Affairs of the House of \nRepresentatives a report on the feasibility and advisability of--\n (1) expanding the pilot program to additional locations; \n and\n (2) making the pilot program or any aspect of the pilot \n program permanent.\n (g) Authorization of Appropriations.--\n (1) In general.--There is authorized to be appropriated to \n the Secretary of Veterans Affairs $20,000,000 for each year in \n which the pilot program is carried out.\n (2) Loan repayments.--\n (A) In general.--There is authorized to be \n appropriated--\n (i) to the Secretary of Health and Human \n Services, acting through the Director of the \n Indian Health Service, such sums as may be \n necessary to cover loan repayments paid under \n the Indian Health Service Loan Repayment \n Program to individuals participating in the \n pilot program; and\n (ii) to the Secretary of Veterans Affairs \n such sums as may be necessary to cover loan \n repayments paid under the Department of \n Veterans Affairs Education Debt Reduction \n Program to individuals participating in the \n pilot program.\n (B) Supplement not supplant.--Amounts appropriated \n or otherwise made available for the Indian Health \n Service Loan Repayment Program or the Department of \n Veterans Affairs Education Debt Reduction Program \n pursuant to the authorization of appropriations under \n subparagraph (A) shall supplement, not supplant, \n amounts made available to such programs under other \n provisions of law.\n (h) Covered Facility Defined.--In this section, the term ``covered \nfacility'' means a facility--\n (1) operated by an Indian tribe or a tribal organization \n (as those terms are defined in section 4 of the Indian Self-\n Determination and Education Assistance Act (25 U.S.C. 5304)), \n or the Indian Health Service, that has an existing \n reimbursement agreement with the Department of Veterans Affairs \n under section 405(c) of the Indian Health Care Improvement Act \n (25 U.S.C. 1645(c)); and\n (2) located in a rural or remote area, as determined by the \n Secretary.","summary":"Serving our Rural Veterans Act of 2017 This bill authorizes the Department of Veterans Affairs (VA) to pay for the training and employment of Veterans Health Administration medical residents and interns at a covered facility, which includes: (1) a VA facility. (2) a facility operated by an Indian tribe, a tribal organization, or the Indian Health Service, (3) a federally-qualified health center. Or (4) a community health center. The VA shall carry out an eight-year pilot program to establish or affiliate with graduate medical education residency training programs at not more than four facilities. The VA shall reimburse each participating facility for the costs of: curriculum development, recruitment, training, supervision, and retention of residents and faculty, accreditation of education programs, faculty salaries attributable to program activities. And other expenses relating to providing medical education under the program. A program participant: (1) shall agree to one year of obligated service at a covered or a VA facility for each year of partipation in the program, (2) who fails to satisfy the obligated service period shall be liable to the United States for a prorated portion of the amount paid for program participation, and (3) during the period of obligated service, shall be eligible for participation in the Indian Health Service Loan Repayment Program and the VA Education Debt Reduction Program. A covered facility for pilot program purposes means a facility: (1) operated by an Indian tribe, a tribal organization, or the Indian Health Service that has an existing reimbursement agreement with the VA, and (2) located in a rural or remote area.","title":"Serving our Rural Veterans Act of 2017","text_len":9987,"sum_len":1678} {"bill_id":"105_hr1361","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Turkish Human Rights Act''.\n\nSEC. 2. FINDINGS.\n\n The Congress makes the following findings:\n (1)(A) The Department of State, in its 1996 ``Country \n Reports on Human Rights Practices'', documented a systematic \n and widespread pattern of human rights abuses by the Government \n of Turkey.\n (B) According to the portion of the report relating to \n Turkey, ``torture, excessive use of force, and other serious \n human rights abuses by the security forces persisted throughout \n 1996.''.\n (2) Amnesty International, Human Rights Watch, the United \n Nations Committee Against Torture, the European Parliament, the \n International Human Rights Law Group, the Lawyers Committee for \n Human Rights, Physicians Without Frontiers, Freedom House, the \n Humanitarian Law Project, the Association of the Bar of the \n City of New York, the Turkish Human Rights Foundation, and \n other human rights monitoring organizations have documented \n extensive and continuing human rights abuses by the Government \n of Turkey, including the widespread use of torture and \n extrajudicial killings.\n (3) The actions of the Government of Turkey are in \n violation of several international human rights agreements to \n which Turkey is a party, including the United Nations Universal \n Declaration of Human Rights, the Final Act of the Conference on \n Security and Cooperation in Europe, the European Convention on \n Human Rights, and the United Nations and European Conventions \n Against Torture.\n (4) The Government of Turkey continues to deny the \n legitimate civil and human rights of its 15,000,000 citizens of \n Kurdish origin and has used military force to deny them an \n identity, destroying more than 2,000 Kurdish villages and \n uprooting more than 2,000,000 Kurds.\n (5) Turkey continues its illegal military occupation of \n Cyprus and has obstructed efforts to reach a just and lasting \n resolution to the division of Cyprus and the massive uprooting \n of Greek Cypriots caused by the 1974 invasion by Turkey.\n (6) The Government of Turkey continues to blockade Armenia, \n obstructing the delivery of United States and international \n humanitarian relief supplies.\n (7) Turkey continues to place prohibitive restrictions on \n the religious leadership of Christian communities within Turkey \n and has failed to protect these communities adequately from \n acts of violence and vandalism.\n (8)(A) The Congress, in the fiscal year 1997 appropriation \n for foreign assistance, reduced assistance under chapter 4 of \n part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 \n et seq.; relating to the economic support fund) to Turkey to \n $22,000,000 because of Turkey's human rights record and its \n hostile and antagonistic policies toward its neighbors.\n (B) The Government of Turkey has stated that it would \n reject any United States assistance tied to its human rights \n record.\n\nSEC. 3. RESTRICTIONS ON ASSISTANCE FOR THE GOVERNMENT OF TURKEY.\n\n (a) In General.--Assistance under chapter 4 of part II of the \nForeign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the \neconomic support fund) may not be provided for the Government of Turkey \nfor fiscal year 1998 unless the Secretary of State determines that \nthere has been significant progress in the following areas:\n (1) The Government of Turkey permits domestic and \n international human rights monitoring organizations, including, \n but not limited to, the Turkish Human Rights Foundation, the \n Organization on Security and Cooperation in Europe, Amnesty \n International, and Human Rights Watch, to monitor and report on \n the human rights situation within its territory without fear of \n reprisal or prosecution.\n (2) The Government of Turkey--\n (A) has ceased all efforts to deny the recognition \n of the civil, cultural, and human rights of its Kurdish \n citizens;\n (B) has ceased its military operations against \n Kurdish civilians; and\n (C) has taken demonstrable steps toward a peaceful \n resolution of the Kurdish issue.\n (3) The Government of Turkey--\n (A) has taken actions and instituted policies to \n demilitarize Cyprus and provide for the total \n withdrawal of Turkish military forces from Cyprus; and\n (B) provides support for a settlement for the \n Republic of Cyprus based on a constitutional democracy \n with key United States principles of majority rule, the \n rule of law, the protection of minority and human \n rights, and the provision for and implementation of the \n 3 basic freedoms, namely, freedom of movement, of \n property, and of settlement.\n (4) The Government of Turkey has ceased its blockade of \n United States and international assistance to Armenia.\n (5) The Government of Turkey--\n (A) has ceased its official restrictions on \n Christian churches and schools; and\n (B) provides sufficient protection against--\n (i) acts of violence and harassment \n directed at members of the clergy and religious \n minorities; and\n (ii) acts of vandalism directed at church \n and school property.\n (b) Report.--The Secretary of State shall prepare and submit to the \nCongress a report containing a documentation of the determinations made \nby the Secretary under subsection (a).","summary":"Turkish Human Rights Act - Prohibits economic support fund (ESF) assistance to the Government of Turkey unless the Secretary of State determines that there has been significant progress by such Government in: (1) permitting international human rights monitoring organizations to report on the human rights situation in Turkey, (2) ceasing to deny human rights to the Kurdish people. (3) taking action to demilitarize Cyprus and provide support for democracy there, (4) ceasing to blockade US and international assistance to Armenia, and (5) ceasing its restrictions on religious freedom.","title":"Turkish Human Rights Act","text_len":6171,"sum_len":587} {"bill_id":"112_hr5987","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Manhattan Project National \nHistorical Park Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) the Manhattan Project was an unprecedented top-secret \n program implemented during World War II to produce an atomic \n bomb before Nazi Germany;\n (2) a panel of experts convened by the President's Advisory \n Council on Historic Preservation in 2001--\n (A) stated that ``the development and use of the \n atomic bomb during World War II has been called `the \n single most significant event of the 20th century'''; \n and\n (B) recommended that nationally significant sites \n associated with the Manhattan Project be formally \n established as a collective unit and be administered \n for preservation, commemoration, and public \n interpretation in cooperation with the National Park \n Service;\n (3) the Manhattan Project National Historical Park Study \n Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary \n of the Interior, in consultation with the Secretary of Energy, \n to conduct a special resource study of the historically \n significant sites associated with the Manhattan Project to \n assess the national significance, suitability, and feasibility \n of designating one or more sites as a unit of the National Park \n System;\n (4) after significant public input, the National Park \n Service study found that ``including Manhattan Project-related \n sites in the national park system will expand and enhance the \n protection and preservation of such resources and provide for \n comprehensive interpretation and public understanding of this \n nationally significant story in the 20th century American \n history'';\n (5) the Department of the Interior, with the concurrence of \n the Department of Energy, recommended the establishment of a \n Manhattan Project National Historical Park comprised of \n resources at--\n (A) Oak Ridge, Tennessee;\n (B) Los Alamos, New Mexico; and\n (C) Hanford, in the Tri-Cities area, Washington; \n and\n (6) designation of a Manhattan Project National Historical \n Park as a unit of the National Park System would improve the \n preservation of, interpretation of, and access to the \n nationally significant historic resources associated with the \n Manhattan Project for present and future generations to gain a \n better understanding of the Manhattan Project, including the \n significant, far-reaching, and complex legacy of the Manhattan \n Project.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to preserve and protect for the benefit of present and \n future generations the nationally significant historic \n resources associated with the Manhattan Project;\n (2) to improve public understanding of the Manhattan \n Project and the legacy of the Manhattan Project through \n interpretation of the historic resources associated with the \n Manhattan Project;\n (3) to enhance public access to the Historical Park \n consistent with protection of public safety, national security, \n and other aspects of the mission of the Department of Energy; \n and\n (4) to assist the Department of Energy, Historical Park \n communities, historical societies, and other interested \n organizations and individuals in efforts to preserve and \n protect the historically significant resources associated with \n the Manhattan Project.\n\nSEC. 4. DEFINITIONS.\n\n In this Act:\n (1) Historical park.--The term ``Historical Park'' means \n the Manhattan Project National Historical Park established \n under section 5.\n (2) Manhattan project.--The term ``Manhattan Project'' \n means the Federal program to develop an atomic bomb ending on \n December 31, 1946.\n (3) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.\n\nSEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.\n\n (a) Establishment.--\n (1) Date.--Not later than 1 year after the date of \n enactment of this Act, there shall be established as a unit of \n the National Park System the Manhattan Project National \n Historical Park.\n (2) Areas included.--The Historical Park shall consist of \n facilities and areas listed under subsection (b) as determined \n by the Secretary, in consultation with the Secretary of Energy. \n The Secretary shall include the area referred to in subsection \n (b)(3)(A), the B Reactor National Historic Landmark, in the \n Historical Park.\n (b) Eligible Areas.--The Historical Park may only be comprised of \none or more of the following areas, or portions of the areas, and \ndepicted in the map titled ___ and numbered ____:\n (1) Oak ridge, tennessee.--Facilities, land, or interests \n in land that are--\n (A) at Buildings 9204-3 and 9731 at the Y-12 \n National Security Complex;\n (B) at the X-10 Graphite Reactor at the Oak Ridge \n National Laboratory;\n (C) at the K-25 Building site at the East Tennessee \n Technology Park; and\n (D) at the former Guest House located at 210 East \n Madison Road.\n (2) Los alamos, new mexico.--Facilities, land, or interests \n in land that are--\n (A) in the Los Alamos Scientific Laboratory \n National Historic Landmark District, or any addition to \n the Landmark District proposed in the National Historic \n Landmark Nomination--Los Alamos Scientific Laboratory \n (LASL) NHL District (Working Draft of NHL Revision), \n Los Alamos National Laboratory document LA-UR 12-00387 \n (January 26, 2012);\n (B) at the former East Cafeteria located at 1670 \n Nectar Street; and\n (C) at the former dormitory located at 1725 17th \n Street.\n (3) Hanford, washington.--Facilities, land, or interests in \n land that are--\n (A) the B Reactor National Historic Landmark;\n (B) the Hanford High School in the town of Hanford \n and Hanford Construction Camp Historic District;\n (C) the White Bluffs Bank building in the White \n Bluffs Historic District;\n (D) the warehouse at the Bruggemann's Agricultural \n Complex;\n (E) the Hanford Irrigation District Pump House; and\n (F) the T Plant (221-T Process Building).\n (c) Written Consent of Owner.--No non-Federal property may be \nincluded in the Historical Park without the written consent of the \nowner.\n\nSEC. 6. AGREEMENT.\n\n (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Secretary and the Secretary of Energy (acting through \nthe Oak Ridge, Los Alamos, and Richland site offices) shall enter into \nan agreement governing the respective roles of the Secretary and the \nSecretary of Energy in administering the facilities, land, or interests \nin land under the administrative jurisdiction of the Department of \nEnergy that is to be included in the Historical Park under section \n5(b), including provisions for enhanced public access, management, \ninterpretation, and historic preservation.\n (b) Responsibilities of the Secretary.--Any agreement under \nsubsection (a) shall provide that the Secretary shall--\n (1) have decisionmaking authority for the content of \n historic interpretation of the Manhattan Project for purposes \n of administering the Historical Park; and\n (2) ensure that the agreement provides an appropriate \n advisory role for the National Park Service in preserving the \n historic resources covered by the agreement.\n (c) Responsibilities of the Secretary of Energy.--Any agreement \nunder subsection (a) shall provide that the Secretary of Energy--\n (1) shall ensure that the agreement appropriately protects \n public safety, national security, and other aspects of the \n ongoing mission of the Department of Energy at the Oak Ridge \n Reservation, Los Alamos National Laboratory, and Hanford Site;\n (2) may consult with and provide historical information to \n the Secretary concerning the Manhattan Project;\n (3) shall retain responsibility, in accordance with \n applicable law, for any environmental remediation that may be \n necessary in or around the facilities, land, or interests in \n land governed by the agreement; and\n (4) shall retain authority and legal obligations for \n historic preservation and general maintenance, including to \n ensure safe access, in connection with the Department's \n Manhattan Project resources.\n (d) Amendments.--The agreement under subsection (a) may be amended, \nincluding to add to the Historical Park facilities, land, or interests \nin land within the eligible areas described in section 5(b) that are \nunder the jurisdiction of the Secretary of Energy.\n\nSEC. 7. PUBLIC PARTICIPATION.\n\n (a) In General.--The Secretary shall consult with interested State, \ncounty, and local officials, organizations, and interested members of \nthe public--\n (1) before executing any agreement under section 6; and\n (2) in the development of the general management plan under \n section 8(b).\n (b) Notice of Determination.--Not later than 30 days after the date \non which an agreement under section 6 is entered into, the Secretary \nshall publish in the Federal Register notice of the establishment of \nthe Historical Park, including an official boundary map.\n (c) Availability of Map.--The official boundary map published under \nsubsection (b) shall be on file and available for public inspection in \nthe appropriate offices of the National Park Service. The map shall be \nupdated to reflect any additions to the Historical Park from eligible \nareas described in section 5(b).\n (d) Additions.--Any land, interest in land, or facility within the \neligible areas described in section 5(b) that is acquired by the \nSecretary or included in an amendment to the agreement under section \n6(d) shall be added to the Historical Park.\n\nSEC. 8. ADMINISTRATION.\n\n (a) In General.--The Secretary shall administer the Historical Park \nin accordance with--\n (1) this Act; and\n (2) the laws generally applicable to units of the National \n Park System, including--\n (A) the National Park System Organic Act (16 U.S.C. \n 1 et seq.); and\n (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n seq.).\n (b) General Management Plan.--Not later than 3 years after the date \non which funds are made available to carry out this section, the \nSecretary, with the concurrence of the Secretary of Energy, and in \nconsultation and collaboration with the Oak Ridge, Los Alamos and \nRichland Department of Energy site offices, shall complete a general \nmanagement plan for the Historical Park in accordance with section \n12(b) of Public Law 91-383 (commonly known as the ``National Park \nService General Authorities Act'') (16 U.S.C. 1a-7(b)).\n (c) Interpretive Tours.--The Secretary may, subject to applicable \nlaw, provide interpretive tours of historically significant Manhattan \nProject sites and resources in the States of Tennessee, New Mexico, and \nWashington that are located outside the boundary of the Historical \nPark.\n (d) Land Acquisition.--\n (1) In general.--The Secretary may acquire land and \n interests in land within the eligible areas described in \n section 5(b) by--\n (A) transfer of administrative jurisdiction from \n the Department of Energy by agreement between the \n Secretary and the Secretary of Energy;\n (B) donation; or\n (C) exchange.\n (2) No use of condemnation.--The Secretary may not acquire \n by condemnation any land or interest in land under this Act or \n for the purposes of this Act.\n (e) Donations; Cooperative Agreements.--\n (1) Federal facilities.--\n (A) In general.--The Secretary may enter into one \n or more agreements with the head of a Federal agency to \n provide public access to, and management, \n interpretation, and historic preservation of, \n historically significant Manhattan Project resources \n under the jurisdiction or control of the Federal \n agency.\n (B) Donations; cooperative agreements.--The \n Secretary may accept donations from, and enter into \n cooperative agreements with, State governments, units \n of local government, tribal governments, organizations, \n or individuals to further the purpose of an interagency \n agreement entered into under subparagraph (A) or to \n provide visitor services and administrative facilities \n within reasonable proximity to the Historical Park.\n (2) Technical assistance.--The Secretary may provide \n technical assistance to State, local, or tribal governments, \n organizations, or individuals for the management, \n interpretation, and historic preservation of historically \n significant Manhattan Project resources not included within the \n Historical Park.\n (3) Donations to department of energy.--For the purposes of \n this Act, or for the purpose of preserving and providing access \n to historically significant Manhattan Project resources, the \n Secretary of Energy may accept, hold, administer, and use \n gifts, bequests, and devises (including labor and services).\n\nSEC. 9. CLARIFICATION.\n\n (a) No Buffer Zone Created.--Nothing in this Act, the establishment \nof the Historical Park, or the management plan for the Historical Park \nshall be construed to create buffer zones outside of the Historical \nPark. That an activity can be seen and heard from within the Historical \nPark shall not preclude the conduct of that activity or use outside the \nHistorical Park.\n (b) No Cause of Action.--Nothing in this Act shall constitute a \ncause of action with respect to activities outside or adjacent to the \nestablished boundary of the Historical Park.\n ","summary":"Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee, Los Alamos, New Mexico. And Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. Directs the Secretary of the Interior and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site, (2) retain responsibility for any necessary environmental remediation. And (3) retain authority and legal obligations for historic preservation and general maintenance. Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control. And (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.","title":"To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.","text_len":15293,"sum_len":3299} {"bill_id":"105_hr4657","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Spring Mountain Exchange Act of \n1998''.\n\nSEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS.\n\n (a) Conveyance by United States.--\n (1) In general.--Subject to subsections (b), (c), and (d) \n and notwithstanding any other provision of law, not later than \n 90 days after the final determination of lands and interests \n subject to exchange under this section, the Secretary of the \n Interior shall convey to Rhodes Design and Development \n Corporation, subject to any valid existing rights and in \n exchange for lands and interests conveyed by the Corporation in \n accordance with subsection (b), all right, title, and interest \n of the United States in and to approximately 1,463 acres of \n Federal lands in the State of Nevada depicted on the map \n entitled ``Spring Mountain Land Exchange, Map 1 dated August \n ____, 1998''. The Secretary shall make that map available for \n public inspection in the offices of the Director of the Las \n Vegas District of the Bureau of Land Management.\n (2) Determination of lands and interests.--The Secretary \n shall determine the lands and interests that are subject to \n exchange under this section not later than 90 days after the \n date of the enactment of this Act.\n (b) Offer and Acceptance.--The Secretary shall make the conveyance \nto the Corporation under subsection (a) only if the Corporation conveys \nto the United States all right, title, and interest of the Corporation \nin and to approximately 490 acres of lands in the State of Nevada \ndepicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated \nAugust ____, 1998''. The Secretary shall make that map available for \npublic inspection in the offices of the Director of the Las Vegas \nDistrict of the Bureau of Land Management.\n (c) Equalization Payments.--\n (1) In general.--If the fair market values of lands and \n interests exchanged under this section are not equal, the \n Secretary shall ensure that they are equalized by the payment \n of money to the Secretary or to the Corporation as appropriate \n in accordance with section 206(b) of the Federal Land Policy \n and Management Act of 1976 (43 U.S.C. 1716(b)).\n (2) Valuation.--The value of lands and interests shall be \n determined for purposes of this section--\n (A) utilizing nationally recognized appraisal \n standards;\n (B) in accordance with section 206 of the Federal \n Land Policy and Management Act of 1976 (43 U.S.C. \n 1716(b)); and\n (C) without regard to the presence of any species \n listed as threatened species or endangered species \n under the Endangered Species Act of 1973 (16 U.S.C. \n 1531 et seq.).\n (d) Payments to State and Local Government.--\n (1) In general.--The Secretary shall require, as a term of \n any conveyance under this section, that the Corporation shall \n make direct payments to the State of Nevada and the Southern \n Nevada Water Authority in accordance with paragraph (2). Such \n payments shall be considered to be a cost incurred by the \n Corporation and shall be compensated by the Secretary.\n (2) Amount of payment.--\n (A) Payment to state.--The amount paid by the \n Corporation to the State of Nevada shall be equal to 5 \n percent of the fair market value of the Federal lands \n conveyed by the United States under this section (as \n determined under subsection (b)), and shall be used by \n the State only in the general education program of the \n State.\n (B) Payment to authority.--The amount paid by the \n Corporation to the Southern Nevada Water Authority \n shall be equal to 10 percent of the fair market value \n of the Federal lands conveyed by the United States \n under this section (as determined under subsection \n (b)), and shall be used by the Authority only for water \n treatment and transmission facility infrastructure in \n Clark County, Nevada.\n (e) Adjustments to Maps.--The Secretary may make such minor \ncorrections in the maps referred to in this section as may be agreed \nupon by the Secretary and the Corporation, after the Secretary notifies \nthe Committee on Energy and Natural Resources of the Senate and the \nCommittee on Resources of the House of Representatives of any such \nminor corrections.\n (f) Administration of Lands.--\n (1) Cancellation.--If, before the exchange has been carried \n out pursuant to subsections (a) and (b), the Corporation \n provides written notification to the Secretary that the \n Corporation no longer intends to complete the exchange, the \n status of the lands and interests otherwise subject to the \n exchange shall revert to the status of such lands and interests \n as of the day before the date of enactment of this Act, and the \n lands and interests shall be managed in accordance with \n applicable law and management plans.\n (2) Administration of lands acquired by the united \n states.--On acceptance of title by the United States, all land \n and interests acquired by the United States under this section \n that are located within the boundaries of a unit of the \n National Forest System, National Park System, National Wildlife \n Refuge System, National Wild and Scenic Rivers System, National \n Trails System, National Wilderness Preservation System, or any \n other system established by an Act of Congress, or within the \n boundaries of any national conservation area or national \n recreation area established by an Act of Congress--\n (A) shall become part of the unit or area without \n further administrative or legislative action; and\n (B) shall be managed in accordance with all laws, \n regulations, and land use plans applicable to the unit \n or area.\n (g) Definitions.--As used in this section:\n (1) Corporation.--The term ``Corporation'' means the Rhodes \n Design and Development Corporation (a corporation established \n under the laws of the State of Nevada).\n (2) Secretary.--The term ``Secretary'' means the Secretary \n of the Interior.","summary":"Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada. And (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.","title":"Spring Mountain Exchange Act of 1998","text_len":6799,"sum_len":584} {"bill_id":"114_s3209","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Prescription Drug Monitoring Act of \n2016''.\n\nSEC. 2. DEFINITIONS.\n\n In this Act:\n (1) Controlled substance.--The term ``controlled \n substance'' has the meaning given the term in section 102 of \n the Controlled Substances Act (21 U.S.C. 802).\n (2) Covered state.--The term ``covered State'' means a \n State that receives funding under the Harold Rogers \n Prescription Drug Monitoring Program established under the \n Departments of Commerce, Justice, and State, the Judiciary, and \n Related Agencies Appropriations Act, 2002 (Public Law 107-77; \n 115 Stat. 748) or the controlled substance monitoring program \n under section 399O of the Public Health Service Act (42 U.S.C. \n 280g-3).\n (3) Dispenser.--The term ``dispenser''--\n (A) means person licensed or otherwise authorized \n by a State to deliver a prescription drug product to a \n patient or an agent of the patient; and\n (B) does not include a person involved in oversight \n or payment for prescription drugs.\n (4) PDMP.--The term ``PDMP'' means a prescription drug \n monitoring program.\n (5) Practitioner.--The term ``practitioner'' means a \n practitioner registered under section 303(f) of the Controlled \n Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or \n dispense controlled substances.\n (6) State.--The term ``State'' means each of the several \n States and the District of Columbia.\n\nSEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS.\n\n (a) In General.--Beginning 2 years after the date of enactment of \nthis Act, each covered State shall require--\n (1) each prescribing practitioner within the covered State \n or their designee, who shall be licensed or registered \n healthcare professionals or other employees who report directly \n to the practitioner, to consult the PDMP of the covered State \n before initiating treatment with a prescription for a \n controlled substance listed in schedule II, III, or IV of \n section 202(c) of the Controlled Substances Act (21 U.S.C. \n 812(c)), and every 3 months thereafter as long as the treatment \n continues;\n (2) the PDMP of the covered State to provide proactive \n notification to a practitioner when patterns indicative of \n controlled substance misuse, including opioid misuse, are \n detected;\n (3) each dispenser within the covered State to report each \n prescription for a controlled substance dispensed by the \n dispenser to the PDMP not later than 24 hours after the \n controlled substance is dispensed to the patient; and\n (4) that the PDMP make available a quarterly de-identified \n data set and an annual report for public and private use, which \n shall, at a minimum, meet requirements established by the \n Attorney General, in coordination with the Secretary of Health \n and Human Services.\n (b) Noncompliance.--If a covered State fails to comply with \nsubsection (a), the Attorney General or the Secretary of Health and \nHuman Services, as appropriate, may withhold grant funds from being \nawarded to the covered State under the Harold Rogers Prescription Drug \nMonitoring Program established under the Departments of Commerce, \nJustice, and State, the Judiciary, and Related Agencies Appropriations \nAct, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled \nsubstance monitoring program under section 399O of the Public Health \nService Act (42 U.S.C. 280g-3).\n\nSEC. 4. SHARING PDMP INFORMATION AMONG STATES.\n\n (a) Requirement.--Beginning 2 years after the date of enactment of \nthis Act, each covered State shall make the data contained in the PDMP \nof the covered State available to other States through the data-sharing \nsingle technology solution established under subsection (b).\n (b) Data-Sharing Single Technology Solution.--\n (1) In general.--The Attorney General, in coordination with \n the Secretary of Health and Human Services, shall award, on a \n competitive basis, a grant to an eligible entity to establish \n and maintain an inter-State data-sharing single hub to \n facilitate the sharing of PDMP data among States and the \n accessing of such data by practitioners.\n (2) Requirements.--The data-sharing single hub established \n under paragraph (1)--\n (A) shall--\n (i) allow States to retain ownership of the \n data submitted by the States;\n (ii) provide a source of de-identified data \n that can be used for statistical, research, or \n educational purposes;\n (iii) allow State authorized users to \n access data from a PDMP of a covered State \n without requiring a user fee; and\n (iv) conform with the standards of the \n Prescription Monitoring Information Exchange; \n and\n (B) may not--\n (i) distribute, in whole or in part, any \n PDMP data without the express written consent \n of the PDMP State authority; and\n (ii) limit, in whole or in part, \n distribution of PDMP data as approved by the \n PDMP State authority.\n (3) Authorization of appropriations.--There are authorized \n to be appropriated to the Attorney General $2,000,000 for \n fiscal years 2017 through 2020 to carry out this subsection.","summary":"Prescription Drug Monitoring Act of 2016 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. Additionally, the bill requires a state to share its PDMP data with other states through a data-sharing hub established by DOJ.","title":"Prescription Drug Monitoring Act of 2016","text_len":5996,"sum_len":496} {"bill_id":"104_hr2990","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Significant Regulation Oversight Act \nof 1996''.\n\nSEC. 2. FINDING AND PURPOSE.\n\n (a) Finding.--The Congress finds that oversight of significant \nrules will be enhanced if they are subject to congressional review and \napproval after being proposed by an agency.\n (b) Purpose.--The purpose of this Act is to ensure that before a \nsignificant rule takes affect--\n (1) Congress is given an adequate opportunity to review the \n rule and ensure that it is in accordance with the intent of \n Congress in enacting the law under which the rule is proposed; \n and\n (2) Congress approves the rule in accordance with the \n procedures established by this Act.\n\nSEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.\n\n (a) Congressional Approval of Significant Rules Required.--A \nsignificant rule shall not take effect before the date of the enactment \nof a joint resolution described in section 4(a) comprised solely of the \ntext of the significant rule.\n (b) Reporting and Review of Significant Rules.--(1) Before a \nproposed significant rule would take effect as a final rule, the agency \nproposing the rule shall submit to each House of Congress a report \ncontaining the following:\n (A) A copy of the proposed significant rule.\n (B) A concise summary of the proposed significant rule, its \n purpose, and anticipated effects.\n (C) A complete copy of any cost-benefit analysis report \n that has been prepared by the agency with respect to the \n proposed significant rule.\n (D) An explanation of the specific statutory interpretation \n under which a rule is proposed, including an explanation of--\n (i) whether the interpretation is expressly \n required by the text of the statute; or\n (ii) if the interpretation is not expressly \n required by the text of the statute, an explanation \n that the interpretation is within the range of \n permissible interpretations of the statute as \n identified by the agency, and an explanation why the \n interpretation selected by the agency is the agency's \n preferred interpretation.\n (E) Any other relevant information or requirements under \n any other Act and any relevant Executive order.\n (2) Upon receipt of a report under paragraph (1), each House of \nCongress shall provide a copy of the report to the Chairman and ranking \nminority party member of each committee with jurisdiction over the \nsubject matter of the report.\n (c) No Inference To Be Drawn Where Congress Fails To Approve.--If \nCongress fails to enact a joint resolution approving a proposed \nsignificant rule, no court or agency may infer any intent of Congress \nfrom any action or inaction of Congress with regard to such rule or \nrelated statute.\n\nSEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES.\n\n (a) Introduction.--Not later than 3 legislative days after the date \non which an agency submits a report under section 3(b) containing the \ntext of any proposed significant rule, the majority leader of each \nHouse of the Congress shall introduce (by request) a joint resolution \ncomprised solely of the text of that significant rule. If the joint \nresolution is not introduced in either House as provided in the \npreceding sentence, then any Member of that House may introduce the \njoint resolution.\n (b) Referral and Consideration.--(1) The joint resolution shall be \nreferred to the appropriate committee of the House in which it is \nintroduced. The committee may report the joint resolution without \nsubstantive revision and with or without recommendation or with an \nadverse recommendation, or the committee may vote not to report the \njoint resolution. If the committee votes to order the joint resolution \nreported, it shall be reported not later than the end of the period \n(not to exceed 45 legislative days) established for consideration of \nthe joint resolution by the Speaker of the House of Representatives or \nthe majority leader of the Senate, as the case may be. Except in the \ncase of a joint resolution which a committee votes not to report, a \ncommittee failing to report a joint resolution within such period shall \nbe automatically discharged from consideration of the joint resolution, \nand it shall be placed on the appropriate calendar.\n (2) A vote on final passage of the joint resolution shall be taken \nin that House on or before the close of the 90th legislative day after \nthe date of the introduction of the joint resolution in that House.\n (3)(A) A motion in the House of Representatives to proceed to the \nconsideration of a joint resolution under this section shall be highly \nprivileged and not debatable. An amendment to the motion shall not be \nin order, nor shall it be in order to move to reconsider the vote by \nwhich the motion is agreed to or disagreed to.\n (B) Debate in the House of Representatives on a joint resolution \nunder this section shall be limited to not more than 4 hours, which \nshall be divided equally between those favoring and those opposing the \njoint resolution. A motion further to limit debate shall not be \ndebatable. It shall not be in order to move to recommit a joint \nresolution under this section or to move to reconsider the vote by \nwhich the joint resolution is agreed to or disagreed to.\n (C) All appeals from the decisions of the chair relating to the \napplication of the Rules of the House of Representatives to the \nprocedure relating to a joint resolution under this section shall be \ndecided without debate.\n (D) Except to the extent specifically provided in the preceding \nprovisions of this subsection, consideration of a joint resolution \nunder this section shall be governed by the Rules of the House of \nRepresentatives applicable to other joint resolutions in similar \ncircumstances.\n (4)(A) A motion in the Senate to proceed to the consideration of a \njoint resolution under this section shall be privileged and not \ndebatable. An amendment to the motion shall not be in order, nor shall \nit be in order to move to reconsider the vote by which the motion is \nagreed to or disagreed to.\n (B) Debate in the Senate on a joint resolution under this section, \nand all debatable motions and appeals in connection therewith, shall be \nlimited to not more than 10 hours. The time shall be equally divided \nbetween, and controlled by, the majority leader and the minority leader \nor their designees.\n (C) Debate in the Senate on any debatable motion or appeal in \nconnection with a joint resolution under this section shall be limited \nto not more than 1 hour, to be equally divided between, and controlled \nby, the mover and the manager of the joint resolution, except that in \nthe event the manager of the joint resolution is in favor of any such \nmotion or appeal, the time in opposition thereto, shall be controlled \nby the minority leader or his designee. Such leaders, or either of \nthem, may, from time under their control on the passage of a joint \nresolution, allot additional time to any Senator during the \nconsideration of any debatable motion or appeal.\n (D) A motion in the Senate to further limit debate on a joint \nresolution under this section is not debatable. A motion to recommit a \njoint resolution under this section is not in order.\n (c) Amendments Prohibited.--No amendment to a joint resolution \nconsidered under this section shall be in order in either the House of \nRepresentatives or the Senate. No motion to suspend the application of \nthis subsection shall be in order in either House, nor shall it be in \norder in either House for the presiding officer to entertain a request \nto suspend the application of this subsection by unanimous consent.\n (d) Treatment if the Other House Has Acted.--If, before the passage \nby one House of a joint resolution of that House described in \nsubsection (a), that House receives from the other House a joint \nresolution described in subsection (a) comprised of the same text, \nthen:\n (1) The procedure in that House shall be the same as if no \n joint resolution had been received from the other House.\n (2) The vote on final passage shall be on the joint \n resolution of the other House.\n (e) Constitutional Authority.--This section is enacted by \nCongress--\n (1) as an exercise of the rulemaking power of the Senate \n and the House of Representatives, respectively, and as such it \n is deemed a part of the rules of each House, respectively, but \n applicable only with respect to the procedure to be followed in \n that House in the case of a joint resolution described in \n subsection (a), and it supersedes other rules only to the \n extent that it is inconsistent with such rules; and\n (2) with full recognition of the constitutional right of \n either House to change the rules (so far as relating to the \n procedure of that House) at any time, in the same manner, and \n to the same extent as in the case of any other rule of that \n House.\n\nSEC. 5. EXISTING RULES.\n\n (a) General.--Any existing rule may be revised or revoked in \naccordance with this section if a petition for review so requests.\n (b) Introduction.--If a petition for review is filed with the Clerk \nof the House of Representatives or the Secretary of the Senate, the \nClerk or the Secretary shall determine whether the petition meets the \nrequirements of subsection (d). If the Clerk or the Secretary \ndetermines that a petition meets those requirements, he or she shall \nnotify the majority leader of that House. The majority leader so \nnotified shall, within 3 legislative days, introduce a joint resolution \n(by request) that makes the revision or revocation of existing rules \nproposed by the petition upon the enactment of that joint resolution. \nIf the joint resolution is not introduced as provided in the preceding \nsentence, then any Member of that House may introduce the joint \nresolution.\n (c) Procedures for Consideration in the House of Representatives \nand the Senate.--Any joint resolution introduced under subsection (b) \nshall be considered in the House of Representatives and the Senate in \naccordance with the procedures respecting a joint resolution set forth \nin section 4.\n (d) Petitions for Review.--A petition for review under subsection \n(a) shall contain the following:\n (1) Any rule affected by the petition and the contents of \n that rule as it would exist if a joint resolution revising or \n revoking that rule pursuant to the petition were enacted.\n (2) For a petition in the Senate, the signatures of 30 \n Senators, or for a petition in the House of Representatives, \n the signatures of 120 Members.\n\nSEC. 6. DEFINITIONS.\n\n For purposes of this Act:\n (1) Agency.--The term ``agency'' has the meaning given that \n term in section 551 of title 5, United States Code (relating to \n administrative procedure).\n (2) Rule.--(A) The term ``rule'' has the meaning given such \n term by section 551 of title 5, United States Code, except that \n such term does not include--\n (i) any rule of particular applicability including \n a rule that approves or prescribes--\n (I) future rates, wages, prices, services, \n or allowances therefor,\n (II) corporate or financial structures, \n reorganizations, mergers, or acquisitions \n thereof, or\n (III) accounting practices or disclosures \n bearing on any of the foregoing, or\n (ii) any rule of agency organization, personnel, \n procedure, practice, or any routine matter.\n (B) The term ``final rule'' means any final rule or interim \n final rule.\n (3) Significant rule.--The term ``significant rule'' means \n any rule proposed by an agency that is specified or described \n as such in the Act that authorizes the rule.\n\nSEC. 7. EXEMPTION FOR MONETARY POLICY.\n\n Nothing in this Act applies to any rule concerning monetary policy \nproposed or implemented by the Board of Governors of the Federal \nReserve System or the Federal Open Market Committee.","summary":"Significant Regulation Oversight Act of 1996 - Prohibits a significant rule from taking effect before the enactment of a joint resolution comprised solely of the text of such rule. Provides that, before a proposed significant rule takes effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing a copy of the rule, a concise summary of its purpose and anticipated effects, any cost-benefit analysis prepared for the rule, the specific statutory interpretation under which the rule is proposed, and any other relevant information or executive order. Bars a court or agency from inferring any intent of the Congress with regard to such a rule or a related statute if it fails to enact a joint resolution approving a proposed significant rule. Provides for the revision or revocation of an existing rule upon enactment of a joint resolution introduced pursuant to a petition for review signed by 30 Members in the Senate or 120 Representatives in the House and containing the rule affected and the rule as it would exist if the joint resolution were enacted. Sets forth congressional procedures for the introduction, referral, and consideration of such joint resolutions for the approval of significant proposed rules or the review of existing rules. Exempts from this Act any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.","title":"Significant Regulation Oversight Act of 1996","text_len":12654,"sum_len":1478} {"bill_id":"115_s875","text":"SECTION 1. STUDY AND REPORT ON FILING REQUIREMENTS UNDER UNIVERSAL \n SERVICE FUND PROGRAMS.\n\n (a) Definitions.--In this section--\n (1) the term ``Administrative Procedure Act'' means \n subchapter II of chapter 5 of title 5, United States Code;\n (2) the term ``Commission'' means the Federal \n Communications Commission;\n (3) the term ``covered carrier'' means an eligible \n telecommunications carrier or service provider that receives \n universal service support under sections 214(e) and 254 of the \n Communications Act of 1934 (47 U.S.C. 214(e) and 254) for the \n provision of service under a Universal Service Fund program; \n and\n (4) the term ``Universal Service Fund program'' means each \n program of the Commission set forth under part 54 of title 47, \n Code of Federal Regulations, or any successor thereto, \n including--\n (A) the Connect America Fund set forth under \n subpart D of that part;\n (B) the Lifeline program set forth under subpart E \n of that part;\n (C) the E-Rate program set forth under subpart F of \n that part;\n (D) the Rural Health Care program set forth under \n subpart G of that part;\n (E) the Remote Areas Fund set forth under subpart J \n of that part;\n (F) the Connect America Fund Broadband Loop Support \n program set forth under subpart K of that part;\n (G) the Mobility Fund set forth under subpart L of \n that part; and\n (H) the High Cost Loop Support for Rate-of-Return \n Carriers program set forth under subpart M of that \n part.\n (b) Study and Report.--Not later than 18 months after the date of \nenactment of this Act, the Comptroller General of the United States \nshall conduct a study and submit to the Commission, the Committee on \nCommerce, Science, and Transportation of the Senate, and the Committee \non Energy and Commerce of the House of Representatives a report, which \nshall include--\n (1) an analysis of the filing requirements for covered \n carriers participating in a Universal Service Fund program, \n including any filings required by the Universal Service \n Administrative Company;\n (2) an analysis of the financial impact of those filing \n requirements on covered carriers participating in a Universal \n Service Fund program; and\n (3) recommendations, if any, on how to consolidate \n redundant filing requirements for covered carriers \n participating in a Universal Service Fund program.\n (c) Rulemaking.--\n (1) New or ongoing rulemaking.--Except as provided in \n paragraph (3), not later than 60 days after the date on which \n the report is submitted under subsection (b), the Commission \n shall--\n (A)(i) initiate a rulemaking to consolidate \n redundant filing requirements for covered carriers \n participating in a Universal Service Fund program; and\n (ii) incorporate into the rulemaking under clause \n (i), and as part of that rulemaking seek comment on, \n the recommendations described in subsection (b)(3), if \n any, except to the extent that doing so would violate \n the requirements of the Administrative Procedure Act; \n or\n (B) incorporate into an ongoing rulemaking relating \n to consolidating redundant filing requirements of the \n Commission, and as part of that rulemaking seek comment \n on, the recommendations described in subsection (b)(3), \n if any, except to the extent that doing so would \n violate the requirements of the Administrative \n Procedure Act.\n (2) Waste, fraud, and abuse.--In a rulemaking in which the \n Commission is required under paragraph (1) to seek comment on \n the recommendations described in subsection (b)(3), if any, the \n Commission shall also seek comment on and consider whether the \n benefit of each recommendation is outweighed by any potential \n increased risk of waste, fraud, and abuse in the Universal \n Service Fund program affected by the recommendation.\n (3) Previous rulemaking.--Paragraph (1) shall not apply if, \n on or before the date on which the report is submitted under \n subsection (b), the Commission completes a rulemaking to \n consolidate redundant filing requirements for covered carriers \n participating in a Universal Service Fund program.\n\n Passed the Senate January 10, 2018.\n\n Attest:\n\n JULIE E. ADAMS,\n\n Secretary.","summary":"This bill requires the Government Accountability Office (GAO) to report to the Federal Communications Commission (FCC) and Congress on the filing requirements for telecommunications carriers or service providers that receive Universal Service Fund support under the Communications Act of 1934 to provide service to qualifying low-income consumers, rural or high-cost areas, rural health care providers, schools, or libraries under the Connect America Fund, Lifeline, E-Rate, Rural Health Care, Remote Areas Fund, Connect America Fund Broadband Loop Support, Mobility Fund, and High Cost Loop Support for Rate-of-Return Carriersnbsp. Programs. The report must analyze the financial impact of those filing requirements and provide any recommendations on how to consolidate redundant filing requirements. After receiving the GAO's report, the FCC must initiate a rulemaking to consolidate redundant filing requirements and incorporate any GAO recommendations that would not violate the Administrative Procedure Act into such rulemaking or any ongoing rulemakings.","title":"A bill to require the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs.","text_len":5153,"sum_len":1060} {"bill_id":"107_s928","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Older Workers' Rights Restoration \nAct of 2001''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Since 1974, the Age Discrimination in Employment Act of \n 1967 (29 U.S.C. 621 et seq.) has prohibited States from \n discriminating in employment on the basis of age. In EEOC v. \n Wyoming, 460 U.S. 226 (1983), the Supreme Court upheld \n Congress' constitutional authority to prohibit States from \n discriminating in employment on the basis of age. The \n prohibitions of the Age Discrimination in Employment Act of \n 1967 remain in effect and continue to apply to the States, as \n the prohibitions have for more than 25 years.\n (2) Age discrimination in employment remains a serious \n problem both nationally and among State agencies, and has \n invidious effects on its victims, the labor force, and the \n economy as a whole. For example, age discrimination in \n employment--\n (A) increases the risk of unemployment among older \n workers, who will as a result be more likely to be \n dependent on government resources;\n (B) prevents the best use of available labor \n resources;\n (C) adversely effects the morale and productivity \n of older workers; and\n (D) perpetuates unwarranted stereotypes about the \n abilities of older workers.\n (3) Private civil suits by the victims of employment \n discrimination have been a crucial tool for enforcement of the \n Age Discrimination in Employment Act of 1967 since the \n enactment of that Act. In Kimel v. Florida Board of Regents, \n 120 S. Ct. 631 (2000), however, the Supreme Court held that \n Congress lacks the power under the 14th amendment to the \n Constitution to abrogate State sovereign immunity to suits by \n individuals under the Age Discrimination in Employment Act of \n 1967. The Federal Government has an important interest in \n ensuring that Federal financial assistance is not used to \n subsidize or facilitate violations of the Age Discrimination in \n Employment Act of 1967. Private civil suits are a critical tool \n for advancing that interest.\n (4) As a result of the Kimel decision, although age-based \n discrimination by State employers remains unlawful, the victims \n of such discrimination lack important remedies for vindication \n of their rights that are available to all other employees \n covered under that Act, including employees in the private \n sector, local government, and the Federal Government. Unless a \n State chooses to waive sovereign immunity, or the Equal \n Employment Opportunity Commission brings an action on their \n behalf, State employees victimized by violations of the Age \n Discrimination in Employment Act of 1967 have no adequate \n Federal remedy for violations of that Act. In the absence of \n the deterrent effect that such remedies provide, there is a \n greater likelihood that entities carrying out programs and \n activities receiving Federal financial assistance will use that \n assistance to violate that Act, or that the assistance will \n otherwise subsidize or facilitate violations of that Act.\n (5) Federal law has long treated nondiscrimination \n obligations as a core component of programs or activities that, \n in whole or part, receive Federal financial assistance. That \n assistance should not be used, directly or indirectly, to \n subsidize invidious discrimination. Assuring nondiscrimination \n in employment is a crucial aspect of assuring nondiscrimination \n in those programs and activities.\n (6) Discrimination on the basis of age in programs or \n activities receiving Federal financial assistance is, in \n contexts other than employment, forbidden by the Age \n Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). Congress \n determined that it was not necessary for the Age Discrimination \n Act of 1975 to apply to employment discrimination because the \nAge Discrimination in Employment Act of 1967 already forbade \ndiscrimination in employment by, and authorized suits against, State \nagencies and other entities that receive Federal financial assistance. \nIn section 1003 of the Rehabilitation Act Amendments of 1986 (42 U.S.C. \n2000d-7), Congress required all State recipients of Federal financial \nassistance to waive any immunity from suit for discrimination claims \narising under the Age Discrimination Act of 1975. The earlier \nlimitation in the Age Discrimination Act of 1975, originally intended \nonly to avoid duplicative coverage and remedies, has in the wake of the \nKimel decision become a serious loophole leaving millions of State \nemployees without an important Federal remedy for age discrimination, \nresulting in the use of Federal financial assistance to subsidize or \nfacilitate violations of the Age Discrimination in Employment Act of \n1967.\n (7) The Supreme Court has upheld Congress' authority to \n condition receipt of Federal financial assistance on acceptance \n by the States or other recipients of conditions regarding or \n related to the use of that assistance, as in Cannon v. \nUniversity of Chicago, 441 U.S. 677 (1979). The Court has further \nrecognized that Congress may require a State, as a condition of receipt \nof Federal financial assistance, to waive the State's sovereign \nimmunity to suits for a violation of Federal law, as in College Savings \nBank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. \n666 (1999). In the wake of the Kimel decision, in order to assure \ncompliance with, and to provide effective remedies for violations of, \nthe Age Discrimination in Employment Act of 1967 in State programs or \nactivities receiving or using Federal financial assistance, and in \norder to ensure that Federal financial assistance does not subsidize or \nfacilitate violations of the Age Discrimination in Employment Act of \n1967, it is necessary to require such a waiver as a condition of \nreceipt or use of that assistance.\n (8) A State's receipt or use of Federal financial \n assistance in any program or activity of a State will \n constitute a limited waiver of sovereign immunity under section \n 7(g) of the Age Discrimination in Employment Act of 1967 (as \n added by section 4 of this Act). The waiver will not eliminate \n a State's immunity with respect to programs or activities that \n do not receive or use Federal financial assistance. The State \n will waive sovereign immunity only with respect to suits under \n the Age Discrimination in Employment Act of 1967 brought by \n employees within the programs or activities that receive or use \n that assistance. With regard to those programs and activities \n that are covered by the waiver, the State employees will be \n accorded only the same remedies that are accorded to other \n covered employees under the Age Discrimination in Employment \n Act of 1967.\n (9) The Supreme Court has repeatedly held that State \n sovereign immunity does not bar suits for prospective \n injunctive relief brought against State officials, as in Ex \n parte Young, 209 U.S. 123 (1908). Clarification of the language \n of the Age Discrimination in Employment Act of 1967 will \n confirm that that Act authorizes such suits. The injunctive \n relief available in such suits will continue to be no broader \n than the injunctive relief that was available under that Act \n before the Kimel decision, and that is available to all other \n employees under that Act.\n\nSEC. 3. PURPOSES.\n\n The purposes of this Act are--\n (1) to provide to State employees in programs or activities \n that receive or use Federal financial assistance the same \n rights and remedies for practices violating the Age \n Discrimination in Employment Act of 1967 as are available to \n other employees under that Act, and that were available to \n State employees prior to the Supreme Court's decision in Kimel \n v. Florida Board of Regents, 120 S. Ct. 631 (2000);\n (2) to provide that the receipt or use of Federal financial \n assistance for a program or activity constitutes a State waiver \n of sovereign immunity from suits by employees within that \n program or activity for violations of the Age Discrimination in \n Employment Act of 1967; and\n (3) to affirm that suits for injunctive relief are \n available against State officials in their official capacities \n for violations of the Age Discrimination in Employment Act of \n 1967.\n\nSEC. 4. REMEDIES FOR STATE EMPLOYEES.\n\n Section 7 of the Age Discrimination in Employment Act of 1967 (29 \nU.S.C. 626) is amended by adding at the end the following:\n ``(g)(1)(A) A State's receipt or use of Federal financial \nassistance for any program or activity of a State shall constitute a \nwaiver of sovereign immunity, under the 11th amendment to the \nConstitution or otherwise, to a suit brought by an employee of that \nprogram or activity under this Act for equitable, legal, or other \nrelief authorized under this Act.\n ``(B) In this paragraph, the term `program or activity' has the \nmeaning given the term in section 309 of the Age Discrimination Act of \n1975 (42 U.S.C. 6107).\n ``(2) An official of a State may be sued in the official capacity \nof the official by any employee who has complied with the procedures of \nsubsections (d) and (e), for injunctive relief that is authorized under \nthis Act. In such a suit the court may award to the prevailing party \nthose costs authorized by section 722 of the Revised Statutes (42 \nU.S.C. 1988).''.\n\nSEC. 5. SEVERABILITY.\n\n If any provision of this Act, an amendment made by this Act, or the \napplication of such provision or amendment to any person or \ncircumstance is held to be invalid, the remainder of this Act, the \namendments made by this Act, and the application of such provision or \namendment to another person or circumstance shall not be affected.\n\nSEC. 6. EFFECTIVE DATE.\n\n (a) Waiver of Sovereign Immunity.--With respect to a particular \nprogram or activity, section 7(g)(1) of the Age Discrimination in \nEmployment Act of 1967 (29 U.S.C. 626(g)(1)) applies to conduct \noccurring on or after the day, after the date of enactment of this Act, \non which a State first receives or uses Federal financial assistance \nfor that program or activity.\n (b) Suits Against Officials.--Section 7(g)(2) of the Age \nDiscrimination in Employment Act of 1967 (29 U.S.C. 626(g)(2)) applies \nto any suit pending on or after the date of enactment of this Act.\n\n\n\n\n ","summary":"Older Workers' Rights Restoration Act of 2001 (sic) - Amends the Age Discrimination in Employment Act of 1967 to require States to waive their sovereign immunity to lawsuit for violations of such Act against State employees in programs or activities that receive Federal financial assistance. Allows such State employees to sue: (1) States for equitable, legal, or other authorized relief. And (2) State officials for injunctive relief, as authorized upon compliance with certain procedures, with the award of costs to the prevailing party. Applies such State waiver, following enactment of this Act, to conduct on or after the day the State first receives or uses Federal financial assistance for the program or activity. Applies this Act with respect to injunctive relief against a State official to any suit pending on or after enactment.","title":"A bill to amend the Age Discrimination in Employment Act of 1967 to require, as a condition of receipt or use of Federal financial assistance, that States waive immunity to suit for certain violations of that Act, and to affirm the availability of certain suits for injunctive relief to ensure compliance with that Act.","text_len":12032,"sum_len":841} {"bill_id":"112_s1592","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Agricultural Credit Expansion Act''.\n\nSEC. 2. ELIGIBILITY FOR FARM LOANS.\n\n (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm \nand Rural Development Act (7 U.S.C. 1922(a)) is amended--\n (1) by striking ``(a) In General.--The'' and inserting the \n following:\n ``(a) In General.--\n ``(1) Eligibility requirements.--The'';\n (2) in paragraph (1) (as designated by paragraph (1))--\n (A) in the first sentence, by striking ``and \n limited liability companies'' and inserting ``limited \n liability companies, and such other legal entities that \n the Secretary determines to be appropriate,''; and\n (B) in the second sentence--\n (i) by striking ``and limited liability \n companies'' each place it appears and inserting \n ``limited liability companies, and such other \n legal entities that the Secretary determines to \n be appropriate'';\n (ii) by striking ``(1)'' and inserting \n ``(A)'';\n (iii) by striking ``(2)'' and inserting \n ``(B)'';\n (iv) by striking ``(3)'' and inserting \n ``(C)''; and\n (v) by striking ``(4)'' and inserting \n ``(D)'';\n (3) in the third sentence--\n (A) by striking ``and limited liability companies'' \n each place it appears and inserting ``limited liability \n companies, and such other legal entities that the \n Secretary determines to be appropriate'';\n (B) by striking ``(3)'' and inserting ``(C)''; and\n (C) by striking ``(4)'' and inserting ``(D)''; and\n (4) by adding at the end the following:\n ``(2) Special rules regarding determinations.--\n ``(A) Eligibility of certain operating-only \n entities.--An entity that is, or will become, only the \n operator of a family farm shall be determined by the \n Secretary to meet each owner-operator requirement \n described in paragraph (1) if the 1 or more individuals \n who are the owners of the family farm own--\n ``(i) a percentage of the family farm that \n exceeds 50 percent; or\n ``(ii) such other percentage that the \n Secretary determines to be appropriate.\n ``(B) Eligibility of certain embedded entities.--An \n entity that is an owner-operator described in paragraph \n (1), or an operator described in subparagraph (A), that \n is owned, in whole or in part, by 1 or more other \n entities, shall be determined by the Secretary to meet \n the direct ownership requirement described in paragraph \n (1) if not less than 75 percent of the ownership \n interests of each embedded entity of the entity is \n owned directly or indirectly by the 1 or more \n individuals who own the family farm.''.\n (b) Conservation Loans.--Section 304(c)(1) of the Consolidated Farm \nand Rural Development Act (7 U.S.C. 1924(c)(1)) is amended by striking \n``or limited liability companies'' and inserting ``limited liability \ncompanies, or such other legal entities that the Secretary determines \nto be appropriate,''.\n (c) Farm Operating Loans.--Section 311(a) of the Consolidated Farm \nand Rural Development Act (7 U.S.C. 1941(a)) is amended--\n (1) by striking ``(a) In General.--The'' and inserting the \n following:\n ``(a) In General.--\n ``(1) Eligibility requirements.--The'';\n (2) in paragraph (1) (as designated by paragraph (1))--\n (A) in the first sentence, by striking ``and \n limited liability companies'' and inserting ``limited \n liability companies, and such other legal entities that \n the Secretary determines to be appropriate,''; and\n (B) in the second sentence--\n (i) by striking ``and limited liability \n companies'' each place it appears and inserting \n ``limited liability companies, and such other \n legal entities that the Secretary determines to \n be appropriate'';\n (ii) by striking ``(1)'' and inserting \n ``(A)'';\n (iii) by striking ``(2)'' and inserting \n ``(B)'';\n (iv) by striking ``(3)'' and inserting \n ``(C)''; and\n (v) by striking ``(4)'' and inserting \n ``(D)'';\n (3) in the third sentence--\n (A) by striking ``and limited liability companies'' \n each place it appears and inserting ``limited liability \n companies, and such other legal entities that the \n Secretary determines to be appropriate'';\n (B) by striking ``(3)'' and inserting ``(C)''; and\n (C) by striking ``(4)'' and inserting ``(D)''; and\n (4) by adding at the end the following:\n ``(2) Special rules regarding determinations.--An entity \n that is an operator described in paragraph (1) that is owned, \n in whole or in part, by 1 or more other entities, shall be \n determined by the Secretary to meet the direct ownership \n requirement described in paragraph (1) if not less than 75 \n percent of the ownership interests of each embedded entity of \n the entity is owned directly or indirectly by the 1 or more \n individuals who own the family farm.''.\n (d) Emergency Loans.--Section 321(a) of the Consolidated Farm and \nRural Development Act (7 U.S.C. 1961(a)) is amended--\n (1) in the first sentence, in the matter preceding the \n proviso--\n (A) by striking ``owner-operators (in the case of \n loans for a purpose under subtitle A) or operators (in \n the case of loans for a purpose under subtitle B)'' \n each place it appears and inserting ``(in the case of \n farm ownership loans in accordance with subtitle A) \n owner-operators or operators, or (in the case of loans \n for a purpose under subtitle B) operators'';\n (B) by striking ``or limited liability companies'' \n the first place it appears and inserting ``limited \n liability companies, or such other legal entities that \n the Secretary determines to be appropriate''; and\n (C) by striking ``or limited liability companies'' \n the second place it appears and inserting ``limited \n liability companies, or such other legal entities'';\n (2) in the second sentence of the proviso--\n (A) by striking ``and limited liability companies'' \n and inserting ``limited liability companies, and such \n other legal entities''; and\n (B) by striking ``ownership and operator'' and \n inserting ``ownership or operator''; and\n (3) by adding at the end the following: ``An entity that is \n an owner-operator or operator described in this subsection \n shall be determined by the Secretary to meet the direct \n ownership requirement described in this subsection if the \n entity is owned, in whole or in part, by 1 or more other \n entities and each individual who is an owner of the family farm \n involved has a direct or indirect ownership interest in each of \n the other entities.''.\n (e) Conforming Amendments.--\n (1) Section 304(c)(2) of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 1924(c)(2)) is amended by striking \n ``paragraphs (1) and (2) of section 302(a)'' and inserting \n ``clauses (A) and (B) of section 302(a)(1)''.\n (2) Section 310D(a) of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 1934(a)) is amended--\n (A) in the first sentence, by striking ``paragraphs \n (2) through (4) of section 302'' and inserting \n ``clauses (B) through (D) of section 302(a)(1)''; and\n (B) in the second sentence--\n (i) by striking ``farm cooperative or \n private domestic corporation or partnership'' \n and inserting ``farm cooperative, private \n domestic corporation, partnership, or such \n other legal entity that the Secretary \n determines to be appropriate,''; and\n (ii) by striking ``or partners'' and \n inserting ``partners, or owners''.\n (3) Section 343(a)(11) of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 1991(a)(11)) is amended--\n (A) in subparagraph (C)--\n (i) by striking ``or joint operation'' and \n inserting ``joint operation, or such other \n legal entity that the Secretary determines to \n be appropriate''; and\n (ii) by striking ``or joint operators'' and \n inserting ``joint operators, or owners''; and\n (B) in subparagraph (D)--\n (i) in clause (i)(II)(aa)--\n (I) by striking ``or joint \n operation'' and inserting ``joint \n operation, or such other legal \n entity''; and\n (II) by striking ``or joint \n operators'' and inserting ``joint \n operators, or owners''; and\n (ii) in clause (ii)(II)(aa)--\n (I) by striking ``or joint \n operation'' and inserting ``joint \n operation, or such other legal \n entity''; and\n (II) by striking ``or joint \n operators'' and inserting ``joint \n operators, or owners''.\n (4) Section 359(c)(2) of the Consolidated Farm and Rural \n Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking \n ``section 302(a)(2) or 311(a)(2)'' and inserting ``clause (B) \n of section 302(a)(1) or clause (B) of section 311(a)(1)''.\n\nSEC. 3. PURPOSES OF CERTAIN DIRECT LOANS.\n\n Section 303(a)(1) of the Consolidated Farm and Rural Development \nAct (7 U.S.C. 1923(a)(1)) is amended--\n (1) in subparagraph (D), by striking ``or'' at the end;\n (2) in subparagraph (E)(ii), by striking the period at the \n end and inserting ``; or''; and\n (3) by adding at the end the following:\n ``(F) refinancing 1 or more loans made or \n guaranteed under this subtitle.''.\n\nSEC. 4. REPEAL OF CERTAIN LOAN TERM LIMITS.\n\n (a) Direct Loans.--Section 311 of the Consolidated Farm and Rural \nDevelopment Act (7 U.S.C. 1941) is amended by striking subsection (c).\n (b) Limitation on Period Borrowers Are Eligible for Guaranteed \nAssistance.--Section 319 of the Consolidated Farm and Rural Development \nAct (7 U.S.C. 1949) is amended--\n (1) by striking ``(a) Graduation Plan.--The Secretary'' and \n inserting ``The Secretary''; and\n (2) by striking subsection (b).","summary":"Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Directs the Secretary of Agriculture (USDA) to determine that an entity that is an owner-operator or operator meets the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. Permits direct loans to be used to refinance Farm Service Agency loans or guaranteed loans. Eliminates the 15-year limitation on the period operating loan borrowers are eligible for guaranteed assistance.","title":"A bill to amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.","text_len":12401,"sum_len":908} {"bill_id":"107_s620","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Elementary and Secondary School \nCounseling Improvement Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n (a) Findings.--Congress finds that--\n (1) elementary and secondary school children are being \n subjected to unprecedented social stresses, including \n fragmentation of the family, drug and alcohol abuse, violence, \n child abuse, and poverty;\n (2) an increasing number of elementary and secondary school \n children are exhibiting symptoms of distress, such as substance \n abuse, emotional disorders, violent outbursts, disruptive \n behavior, juvenile delinquency, and suicide;\n (3) between 1984 and 1994, the homicide rate for \n adolescents doubled, while the rate of nonfatal violent crimes \n committed by adolescents increased by almost 20 percent;\n (4) according to the National Institute of Mental Health, \n up to one in five children and youth have psychological \n problems severe enough to require some form of professional \n help, yet only 20 percent of youth with mental disorders or \n their families receive help;\n (5) the Institute of Medicine has identified psychological \n counseling as the most serious school health need for the \n normal development of our Nation's children and youth;\n (6) school counselors, school psychologists, and school \n social workers can contribute to the personal growth, \n educational development, and emotional well-being of elementary \n and secondary school children by providing professional \n counseling, intervention, and referral services;\n (7) the implementation of well designed school counseling \n programs has been shown to increase students' academic success;\n (8) the national average student-to-counselor ratio in \n elementary and secondary schools is 531 to 1, and the average \n student-to-psychologist ratio is 2300 to 1;\n (9) it is recommended that to effectively address students' \n mental health and development needs, schools have 1 full-time \n counselor for every 250 students, 1 psychologist for every \n 1,000 students, and 1 school social worker for every 800 \n students;\n (10) the population of elementary and secondary school \n students in the United States is expected to increase \n dramatically during the 5 to 10 years beginning with 1999;\n (11) the Federal Government can help reduce the risk of \n academic, social, and emotional problems among elementary and \n secondary school children by stimulating the development of \n model school counseling programs; and\n (12) the Federal Government can help reduce the risk of \n future unemployment and assist the school-to-work transition by \n stimulating the development of model school counseling programs \n that include comprehensive career development.\n (b) Purpose.--It is the purpose of this Act to enhance the \navailability and quality of counseling services for elementary and \nsecondary school children by providing grants to local educational \nagencies to enable such agencies to establish or expand effective and \ninnovative counseling programs that can serve as national models.\n\nSEC. 3. SCHOOL COUNSELING.\n\n Title IV of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 7101 et seq.) is amended--\n (1) in section 4004 (20 U.S.C. 7104)--\n (A) in paragraph (1), by striking ``and'' at the \n end;\n (B) in paragraph (2), by striking the period and \n inserting ``; and''; and\n (C) by adding at the end the following:\n ``(3) $100,000,000 for fiscal year 2002, and such sums as \n may be necessary for each of the 4 succeeding fiscal years, for \n grants under section 4124.''; and\n (2) by adding at the end of subpart 2 of part A, the \n following:\n\n``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING \n DEMONSTRATION.\n\n ``(a) Counseling Demonstration.--\n ``(1) In general.--The Secretary may award grants under \n this section to local educational agencies to enable the local \n educational agencies to establish or expand elementary school \n and secondary school counseling programs.\n ``(2) Priority.--In awarding grants under this section, the \n Secretary shall give special consideration to applications \n describing programs that--\n ``(A) demonstrate the greatest need for new or \n additional counseling services among the children in \n the schools served by the applicant;\n ``(B) propose the most promising and innovative \n approaches for initiating or expanding school \n counseling; and\n ``(C) show the greatest potential for replication \n and dissemination.\n ``(3) Equitable distribution.--In awarding grants under \n this section, the Secretary shall ensure an equitable \n geographic distribution among the regions of the United States \n and among urban, suburban, and rural areas.\n ``(4) Duration.--A grant under this section shall be \n awarded for a period not to exceed three years.\n ``(5) Maximum grant.--A grant under this section shall not \n exceed $400,000 for any fiscal year.\n ``(b) Applications.--\n ``(1) In general.--Each local educational agency desiring a \n grant under this section shall submit an application to the \n Secretary at such time, in such manner, and accompanied by such \n information as the Secretary may reasonably require.\n ``(2) Contents.--Each application for a grant under this \n section shall--\n ``(A) describe the school population to be targeted \n by the program, the particular personal, social, \n emotional, educational, and career development needs of \n such population, and the current school counseling \n resources available for meeting such needs;\n ``(B) describe the activities, services, and \n training to be provided by the program and the specific \n approaches to be used to meet the needs described in \n subparagraph (A);\n ``(C) describe the methods to be used to evaluate \n the outcomes and effectiveness of the program;\n ``(D) describe the collaborative efforts to be \n undertaken with institutions of higher education, \n businesses, labor organizations, community groups, \n social service agencies, and other public or private \n entities to enhance the program and promote school-\n linked services integration;\n ``(E) describe collaborative efforts with \n institutions of higher education which specifically \n seek to enhance or improve graduate programs \n specializing in the preparation of school counselors, \n school psychologists, and school social workers;\n ``(F) document that the applicant has the personnel \n qualified to develop, implement, and administer the \n program;\n ``(G) describe how any diverse cultural \n populations, if applicable, would be served through the \n program;\n ``(H) assure that the funds made available under \n this part for any fiscal year will be used to \n supplement and, to the extent practicable, increase the \n level of funds that would otherwise be available from \n non-Federal sources for the program described in the \n application, and in no case supplant such funds from \n non-Federal sources; and\n ``(I) assure that the applicant will appoint an \n advisory board composed of parents, school counselors, \n school psychologists, school social workers, other \n pupil services personnel, teachers, school \n administrators, and community leaders to advise the \n local educational agency on the design and \n implementation of the program.\n ``(c) Use of Funds.--\n ``(1) In general.--From amounts made available under \n section 4004(3) to carry out this section, the Secretary shall \n award grants to local education agencies to be used to initiate \n or expand elementary or secondary school counseling programs \n that comply with the requirements of paragraph (2).\n ``(2) Program requirements.--Each program assisted under \n this section shall--\n ``(A) be comprehensive in addressing the personal, \n social, emotional, and educational needs of all \n students;\n ``(B) use a developmental, preventive approach to \n counseling;\n ``(C) increase the range, availability, quantity, \n and quality of counseling services in the schools of \n the local educational agency;\n ``(D) expand counseling services only through \n qualified school counselors, school psychologists, and \n school social workers;\n ``(E) use innovative approaches to increase \n children's understanding of peer and family \n relationships, work and self, decisionmaking, or \n academic and career planning, or to improve social \n functioning;\n ``(F) provide counseling services that are well-\n balanced among classroom group and small group \n counseling, individual counseling, and consultation \n with parents, teachers, administrators, and other pupil \n services personnel;\n ``(G) include inservice training for school \n counselors, school social workers, school \n psychologists, other pupil services personnel, \n teachers, and instructional staff;\n ``(H) involve parents of participating students in \n the design, implementation, and evaluation of a \n counseling program;\n ``(I) involve collaborative efforts with \n institutions of higher education, businesses, labor \n organizations, community groups, social service \n agencies, or other public or private entities to \n enhance the program and promote school-linked services \n integration; and\n ``(J) evaluate annually the effectiveness and \n outcomes of the counseling services and activities \n assisted under this section.\n ``(3) Report.--The Secretary shall issue a report \n evaluating the programs assisted pursuant to each grant under \n this subsection at the end of each grant period in accordance \n with section 14701.\n ``(4) Dissemination.--The Secretary shall make the programs \n assisted under this section available for dissemination, either \n through the National Diffusion Network or other appropriate \n means.\n ``(5) Limit on administration.--Not more than 5 percent of \n the amounts made available under this section in any fiscal \n year shall be used for administrative costs to carry out this \n section.\n ``(d) Definitions.--For purposes of this section:\n ``(1) School counselor.--The term `school counselor' means \n an individual who has documented competence in counseling \n children and adolescents in a school setting and who--\n ``(A) possesses State licensure or certification \n granted by an independent professional regulatory \n authority;\n ``(B) in the absence of such State licensure or \n certification, possesses national certification in \n school counseling or a specialty of counseling granted \n by an independent professional organization; or\n ``(C) holds a minimum of a master's degree in \n school counseling from a program accredited by the \n Council for Accreditation of Counseling and Related \n Educational Programs or the equivalent.\n ``(2) School psychologist.--The term `school psychologist' \n means an individual who--\n ``(A) possesses a minimum of 60 graduate semester \n hours in school psychology from an institution of \n higher education and has completed 1,200 clock hours in \n a supervised school psychology internship, of which 600 \n hours shall be in the school setting;\n ``(B) possesses State licensure or certification in \n the State in which the individual works; or\n ``(C) in the absence of such State licensure or \n certification, possesses national certification by the \n National School Psychology Certification Board.\n ``(3) School social worker.--The term `school social \n worker' means an individual who--\n ``(A)(i) holds a master's degree in social work \n from a program accredited by the Council on Social Work \n Education; and\n ``(ii) is licensed or certified by the State in \n which services are provided; or\n ``(B) in the absence of such licensure or \n certification, possess a national certification or \n credential as a school social work specialist that has \n been awarded by an independent professional \n organization.\n ``(4) Supervisor.--The term `supervisor' means an \n individual who has the equivalent number of years of \n professional experience in such individual's respective \n discipline as is required of teaching experience for the \n supervisor or administrative credential in the State of such \n individual.''.","summary":"Elementary and Secondary School Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs.","title":"A bill to amend the Elementary and Secondary Education Act of 1965 regarding elementary school and secondary school counseling.","text_len":14859,"sum_len":288} {"bill_id":"110_hr6305","text":"SECTION 1. GOLDEN GATE NATIONAL RECREATION AREA AND SAN FRANCISCO \n MARITIME NATIONAL HISTORICAL PARK TECHNICAL CORRECTIONS.\n\n (a) Golden Gate National Recreation Area.--Section 4(f) of the Act \ntitled ``An Act to establish the Golden Gate National Recreation Area \nin the State of California, and for other purposes'' (Public Law 92-\n589; 16 U.S.C. 460bb-3(f)) is amended to read as follows:\n ``(f) The Secretary may enter into a concession contract pursuant \nto title IV of the National Parks Omnibus Management Act of 1998 (16 \nU.S.C. 5951 et seq.) or a lease pursuant to section 802 of that Act (16 \nU.S.C. 1a-2) for the parcels of property known as Cliff House \nProperties and Louis' Restaurant. Notwithstanding any other provision \nof law, any proceeds from the use of such property shall be available \nuntil expended, without further appropriation, for the administration, \nmaintenance, repair, and related expenses of those properties and for \nmajor renovation and park rehabilitation of those buildings included in \nthe Fort Mason Foundation Agreement.''.\n (b) San Francisco Maritime National Historical Park.--\n (1) Leasing.--Section 3(c) of the San Francisco Maritime \n National Historical Park Act of 1988 (Public Law 100-348; 16 \n U.S.C. 410nn-1(c)) is amended--\n (A) in the first sentence, by striking ``any real \n or personal property, including'' and inserting ``any \n real or personal property, including the Haslett \n Warehouse and''; and\n (B) by striking the second sentence and inserting \n ``Notwithstanding any other provision of law, any \n proceeds from the lease of such property shall be \n available until expended, without further \n appropriation, for the administration, maintenance, \n repair, and related expenses of the leased property and \n the vessels, equipment, piers, and other assets within \n the park.''.\n (2) Fees.--Section 3(d) of the San Francisco Maritime \n National Historical Park Act of 1988 (Public Law 100-348; 16 \n U.S.C. 410nn-1(d)) is amended by striking the second sentence \n ``credited in accordance with'' and all that follows through \n the period and inserting ``available until expended, without \n further appropriation, for purposes at the park for which fee \n revenue is permitted to be used under section 808(a)(3) of the \n Consolidated Appropriations Act, 2005 (Public Law 108-447; 16 \n U.S.C. 6807).''.\n (c) Conforming Amendments.--\n (1) Map; boundary.--Section 2(b) of the San Francisco \n Maritime Historical Park Act of 1988 (Public Law 100-348; 16 \n U.S.C. 410nn(b)) is amended--\n (A) by striking ``numbered 641\/80,053 and dated \n April 7, 1987'' and inserting ``numbered 350\/80,012 and \n dated June 2004''; and\n (B) by striking the third and fourth sentences and \n inserting the following: ``The Secretary of the \n Interior (hereafter in this Act referred to as the \n `Secretary') may make minor revisions of the boundary \n of the park in accordance with section 7(c) of the Land \n and Water Conservation Act of 1965 (16 U.S.C. 460l-\n 9(c)).''.\n (2) Fees or admission charges.--Section 4(e) of the Act \n titled ``An Act to establish the Golden Gate National \n Recreation Area in the State of California, and for other \n purposes'' (Public Law 92-589; 16 U.S.C. 460bb-3(e)) is amended \n by striking ``and for admission to the sailing vessel Balclutha \n and other historical vessels of the National Maritime Museum''.\n\nSEC. 2. GOLDEN GATE NATIONAL PARKS.\n\n (a) Name Change.--\n (1) In general.--The Golden Gate National Recreation Area \n is hereby renamed the ``Golden Gate National Parks''.\n (2) References.--Any reference in a law, map, regulation, \n document, paper, or other record of the United States to the \n Golden Gate National Recreation Area is deemed to be a \n reference to the Golden Gate National Parks.\n (3) Conforming amendments.--The Act titled ``An Act to \n establish the Golden Gate National Recreation Area in the State \n of California, and for other purposes'' (Public Law 92-589, \n approved October 27, 1972) is amended--\n (A) in sections 1 and 2 by striking ``National \n Recreation Area'' each place it appears and inserting \n ``National Parks''; and\n (B) by striking ``recreation area'' each place it \n appears and inserting ``national parks''.\n (b) Change of Unit From Recreation Area to National Park.--\n (1) In general.--The Golden Gate National Parks, as so \n renamed by subsection (a), is hereby designated as a national \n park and shall be administered as such by the Secretary of the \n Interior.\n (2) Clarification.--This section designates the recreation \n area known as Golden Gate National Recreation Area as a \n national park and renames that unit Golden Gate National Parks. \n Nothing in this section shall be construed as creating a new \n ``national parks'' category of designation with the National \n Park System.\n\nSEC. 3. PRESIDIO TRUST TECHNICAL CORRECTIONS.\n\n (a) Public Information and Interpretation.--Section 102(b) of \ndivision I of the Omnibus Parks and Public Lands Management Act of 1996 \nis amended to read as follows:\n ``(b) Public Information and Interpretation.--The Secretary and the \nPresidio Trust shall provide public interpretive services, visitor \norientation and educational programs within the Presidio.''.\n (b) Transfer; Board of Directors.--Section 103 of division I of the \nOmnibus Parks and Public Lands Management Act of 1996 is amended as \nfollows:\n (1) In subsection (b)(1), by striking ``The Secretary shall \n retain jurisdiction over those portions of the building \n identified as number 102 as the Secretary deems essential for \n use as a visitor center. The building shall be named the \n `William Penn Mott Visitor Center''' and inserting ``The Trust \n shall designate a prominently placed building to be the site of \n a visitor center to be operated jointly by the Trust and the \n National Park Service. In selecting the site for the visitor \n center, the Trust shall obtain the concurrence of the \n Superintendent of the Golden Gate National Recreation Area. The \n visitor center shall be named the `William Penn Mott Visitor \n Center' and may be relocated by mutual consent of the Trust and \n the Superintendent of the Golden Gate National Recreation \n Area.''.\n (2) In subsection (c)(1)(B), by inserting ``education, \n program development,'' after ``real estate development,''.\n (c) Duties and Authorities of the Trust.--Section 104 of division I \nof the Omnibus Parks and Public Lands Management Act of 1996 is amended \nas follows:\n (1) In subsection (i)--\n (A) by striking ``conduct'' and inserting \n ``provision''; and\n (B) by adding at the end the following: \n ``Notwithstanding section 105(b), there are authorized \n to be appropriated such sums as may be necessary to \n carry out this paragraph.''.\n (2) In subsection (n)--\n (A) by striking ``general objectives of the General \n Management Plan for the Presidio'' and inserting \n ``Presidio Trust Management Plan''; and\n (B) by inserting ``, and tenants that provide high \n quality public programming'' before the final period.\n (3) By striking subsection (o).\n (d) Limitations on Funding.--Section 105(a)(2) of division I of the \nOmnibus Parks and Public Lands Management Act of 1996 is amended by \nstriking the following: ``Of such sums, funds shall be available \nthrough the Trust for law enforcement activities and services to be \nprovided by the United States Park Police at the Presidio in accordance \nwith section 104(i) of this title.''.\n (e) Government Accountability Office Study.--Division I of the \nOmnibus Parks and Public Lands Management Act of 1996 is amended--\n (1) in section 106--\n (A) by striking subsection (b);\n (B) by striking ``General Accounting'' each place \n it appears and inserting ``Government Accountability''; \n and\n (C) in subsection (c)--\n (i) by striking ``Seven'' and inserting \n ``Twelve'';\n (ii) by striking ``comprehensive study'' \n and inserting ``study'';\n (iii) by striking ``the implementation of \n plan and schedule required in subsection (b)''; \n and\n (iv) by striking ``on Resources'' and \n inserting ``on Natural Resources''; and\n (2) in the table of contents, in the item for section 106, \n by striking ``General Accounting'' and inserting ``Government \n Accountability''.\n (f) Fort Scott Advisory Task Force.--Title I of division I of the \nOmnibus Parks and Public Lands Management Act of 1996 is amended by \nadding at the end the following:\n\n``SEC. 108. FORT SCOTT ADVISORY TASK FORCE.\n\n ``(a) Establishment.--There is hereby established the Fort Scott, \nPresidio of San Francisco Advisory Task Force (referred to in this \nsection as the `Task Force').\n ``(b) Membership; Appointment.--The Task Force shall be composed of \nup to 12 members nominated by Chairman of the Board and appointed by a \nmajority vote of the Board of Directors of the Presidio Trust.\n ``(c) Vacancy.--A vacancy on the Task Force shall be filled in the \nsame manner in which the original appointment was made.\n ``(d) Purpose; Consultation With Presidio Trust Board of \nDirectors.--The Task Force shall provide expertise and advice to the \nBoard of Directors regarding the preservation and reuse of Fort Scott. \nThe Task Force shall meet with the Presidio Trust Board of Directors \nnot less than 3 times during its term to provide such expertise and \nadvice on matters related to the reuse of Fort Scott as a center for \neducation, research, policy development, and related activities, taking \ninto account the Presidio Trust's statutory mandates.\n ``(e) Compensation and Expenses.--Members of the Task Force shall \nserve without compensation, but may be reimbursed for actual and \nnecessary travel and subsistence expenses incurred by them in the \nperformance of the duties of the Task Force.\n ``(f) Voting.--The Task Force shall act and advise by affirmative \nvote of a majority of the members thereof.\n ``(g) Termination Date.--The Task Force shall cease to exist 24 \nmonths after the date of its first meeting.''.","summary":"Makes technical and conforming amendments to public lands provisions relating to the Golden Gate National Recreation Area and the San Francisco Maritime National Historical Park. Renames the Golden Gate National Recreation Area as the Golden Gate National Parks. Designates the Golden Gate National Parks as a national park to be administered by the Secretary of the Interior. Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions concerning the Presidio of San Francisco and to eliminate the requirement for reversion of lands held by the Presidio Trust to the General Services Administration (GSA). Establishes the Fort Scott, Presidio of San Francisco Advisory Task Force to advise the Presidio Board of Directors on the preservation and reuse of Fort Scott.","title":"To clarify the authorities for the use of certain National Park Service properties within Golden Gate National Parks and San Francisco Maritime National Historic Park, and for other purposes.","text_len":11433,"sum_len":815} {"bill_id":"110_hr5950","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Detainee Basic Medical Care Act of \n2008''.\n\nSEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE \n DEPARTMENT OF HOMELAND SECURITY.\n\n (a) In General.--The Secretary of Homeland Security shall establish \nprocedures for the timely and effective delivery of medical and mental \nhealth care to all immigration detainees in the custody of the \nDepartment of Homeland Security. Such procedures shall address all \nimmigration detainee health needs, including primary care, emergency \ncare, chronic care, prenatal care, dental care, eye care, mental health \ncare, medical dietary needs, and other medically necessary specialized \ncare.\n (b) Medical Screenings and Examinations.--The Secretary's \nprocedures shall be designed to ensure continuity of medical and mental \nhealth care services for each immigration detainee upon arrival at a \ndetention facility. At a minimum, such procedures shall be designed to \nensure that--\n (1) each immigration detainee receives a comprehensive \n medical and mental health intake screening by a qualified \n health care professional upon arrival at the facility;\n (2) each immigration detainee receives a comprehensive \n medical and mental health examination and assessment by a \n qualified health care professional not later than 14 days after \n arrival;\n (3) each immigration detainee taking prescribed medications \n prior to detention is allowed to continue taking such \n medications, on schedule and without interruption, until and \n unless a qualified health care professional examines the \n immigration detainee and decides upon an alternative course of \n treatment; and\n (4) subject to the immigration laws (as defined in section \n 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. \n 1101(a)(17))), each immigration detainee with a serious medical \n or mental health care condition is given priority consideration \n for release on parole, on bond, or into an alternative to \n detention program, with periodic reevaluations for such \n immigration detainees not initially released.\n (c) Continuity of Care.--The Secretary's procedures shall be \ndesigned to ensure continuity of medical and mental health care \nservices for each immigration detainee throughout detention. At a \nminimum, such procedures shall be designed to ensure that--\n (1) immigration detainees are informed of available medical \n and mental health care services and how to request such \n services;\n (2) a prompt response is provided to any request for \n medical or mental health care;\n (3) treatment decisions are based solely on professional \n clinical judgments;\n (4) prescribed medications and medically necessary \n treatment are provided to immigration detainees on schedule and \n without interruption; and\n (5) the medical and mental health of an immigration \n detainee is considered prior to any decision to transfer the \n immigration detainee to another detention facility, and such \n immigration detainee suffers no interruption in the provision \n of medical treatment, including the delivery of prescribed \n medications, during and after such transfer.\n (d) Medical Records.--The Secretary's procedures shall be designed \nto ensure the availability of medical records to appropriate personnel. \nAt a minimum, such procedures shall be designed to ensure that--\n (1) immediately upon an immigration detainee's transfer \n from one detention facility to another, the immigration \n detainee's complete medical records, including any transfer \n summary, are provided to the receiving facility;\n (2) within 72 hours of receiving a written request, an \n immigration detainee's complete medical records are provided to \n the immigration detainee or any person designated by the \n immigration detainee; and\n (3) an immigration detainee shall be provided the \n appropriate forms where necessary to comply with this \n subsection and relevant privacy laws.\n (e) Administrative Appeals Process.--The Secretary's procedures \nshall include an administrative appeals process for denials of medical \nor mental health care. At a minimum, such procedures shall be designed \nto ensure that--\n (1) the Secretary responds promptly to any request by an \n on-site medical provider for authorization to provide medical \n or mental health care to an immigration detainee;\n (2) in each case in which the Secretary denies or fails to \n grant such a request, a written explanation of the reasons for \n the decision shall be conveyed without delay to the on-site \n medical provider and the immigration detainee;\n (3) the on-site medical provider and immigration detainee \n (or legally appointed advocate) are provided an opportunity to \n appeal the denial of or failure to grant the requested health \n care service; and\n (4) such appeal is resolved in writing within 30 days by an \n impartial board, which shall include health care professionals \n in the fields relevant to the request for medical or mental \n health care, and the written decision is conveyed without delay \n to the on-site medical provider and the immigration detainee.\n (f) Discharge Planning.--The Secretary's procedures shall include \ndischarge planning to ensure continuity of care, for a reasonable \nperiod of time, upon removal or release for persons with serious \nmedical or mental health conditions.\n (g) Reporting Requirements.--The Secretary of Homeland Security \nshall report to the Offices of Inspector General for the Department of \nHomeland Security and the Department of Justice, within 48 hours, \ninformation regarding the death of any immigration detainee in the \nSecretary's custody. Not later than 60 days after the end of each \nfiscal year, the Secretary shall submit a report to the Committee on \nthe Judiciary of the Senate and the Committee on the Judiciary of the \nHouse of Representatives containing detailed information regarding the \ndeath of all immigration detainees in the Secretary's custody during \nthe preceding fiscal year.\n\nSEC. 3. DEFINITIONS.\n\n In this Act--\n (1) ``detention facility'' means any Federal, State, or \n local facility used by the Secretary of Homeland Security to \n hold immigration detainees for more than 72 hours, regardless \n of whether use of such facility is subject to a contract or \n other agreement.\n (2) ``immigration detainee'' means any person in the \n custody of the Secretary of Homeland Security under the \n immigration laws (as defined in section 101(a)(17) of the \n Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any \n detention facility.","summary":"Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody. And (2) that such procedures address all detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.","title":"To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.","text_len":7169,"sum_len":490} {"bill_id":"113_s2749","text":"SECTION 1. EXCHANGE OVERSIGHT.\n\n Subtitle D of title I of the Patient Protection and Affordable Care \nAct (42 U.S.C. 18021 et seq.) is amended by adding at the end the \nfollowing:\n\n ``PART 6--EXCHANGE OVERSIGHT\n\n``SEC. 1351. BOARD OF DIRECTORS AND CEO.\n\n ``(a) In General.--There is established the Marketplace Health \nInsurance Corporation headed by a Chief Executive Officer and directed \nby a Board of Directors, to oversee management of the Federal Exchange \nand State Exchanges, and to provide health insurance oversight.\n ``(b) CEO.--\n ``(1) In general.--The President shall appoint a Chief \n Executive Officer, by and with the consent of the Senate, who \n shall be responsible for administering the Federal Exchange, \n for overseeing State Exchanges, and for health insurance \n oversight.\n ``(2) Authorities and duties.--The Chief Executive Officer \n shall--\n ``(A) report directly to the President;\n ``(B) be accountable for implementation of the \n Federal Exchange and oversight of the State Exchanges;\n ``(C) be responsible for all Federal health \n insurance oversight; and\n ``(D) serve the public interest of individuals \n seeking health insurance, serve businesses seeking \n access to health coverage through the Exchanges, and \n ensure the efficient operation and function of the \n Exchanges.\n ``(3) Requirement.--To be eligible for appointment as Chief \n Executive Officer, an individual shall have a background in \n health care issues and private-sector management experience.\n ``(c) Board of Directors.--\n ``(1) Establishment.--There is established a Board of \n Directors of the Marketplace Health Insurance Corporation.\n ``(2) Duties.--The Board of Directors shall advise the \n Chief Executive Officer on the operation of the Federal \n Exchange, implementation of the State Exchanges, and health \n insurance oversight, including--\n ``(A) the functionality of healthcare.gov (or any \n subsequent Internet site), including SHOP exchanges;\n ``(B) ensuring that enrollment information is \n properly transferred from healthcare.gov (or any \n subsequent Internet site) to State Medicaid agencies;\n ``(C) accuracy of enrollee information submitted \n through the Exchanges;\n ``(D) ensuring the accuracy of advanced premium tax \n credits;\n ``(E) ensuring the accuracy of payment to insurers;\n ``(F) enhancement of the consumer experience when \n comparing plans, including out-of-pocket costs, and \n searching for a specific provider or drug formulary;\n ``(G) overseeing the selection of plans offered on \n the Federal Exchange, including sufficient network \n adequacy and transparency requirements;\n ``(H) providing recommendations to the Secretary of \n the Treasury with respect to the implementation of \n section 4980H of the Internal Revenue Code of 1986 and \n potential policy changes with respect to such section \n and associated reporting requirements;\n ``(I) creating an automated appeals system for \n healthcare.gov (or any subsequent Internet site);\n ``(J) overseeing the transition from a State \n Exchange to the Federal Exchange;\n ``(K) enabling online enrollment in health \n insurance plans through the Exchanges for small \n businesses and employee choice for employees of small \n businesses;\n ``(L) overseeing the Federal contracting related to \n healthcare.gov (or any subsequent Internet site);\n ``(M) providing recommendations to the Office of \n Personal Management on the oversight and administration \n of the multi-State plan program; and\n ``(N) additional matters, as determined by the \n Secretary of Health and Human Services, the Chief \n Executive Officer, or President.\n ``(3) Membership.--The Board of Directors shall be \n comprised of the following:\n ``(A) The Secretary of Health and Human Services.\n ``(B) The Administrator of the Centers for Medicare \n & Medicaid Services.\n ``(C) The Commissioner of the Internal Revenue \n Service.\n ``(D) The Administrator of the Small Business \n Administration.\n ``(E) Three representatives of the private sector \n who have demonstrated knowledge in individual health \n care coverage, small employer health care coverage, \n administering a public or private health care delivery \n system, operating complex information system \n technologies, or promoting health and wellness, \n appointed by the Comptroller General of the United \n States.\n ``(4) Terms.--\n ``(A) Officers of the federal government.--Each \n member of the Board of Directors described in \n subparagraphs (A) through (D) of paragraph (3) shall \n serve for a term that is concurrent with the member's \n term as an officer within the Federal department or \n agency.\n ``(B) Other members.--Each member of the board \n described in paragraph (3)(E) shall be appointed for a \n term of 3 years and may be reappointed for a term of an \n additional 2 years.\n ``(5) Chairperson.--The Secretary of Health and Human \n Services shall serve as Chair of the Board of Directors.\n ``(d) Technical Advisory Committee.--\n ``(1) In general.--To assist the Chief Executive Officer \n and Board of Directors in carrying out their duties, the Board \n of Directors shall establish a technical advisory committee.\n ``(2) Membership.--The technical advisory committee shall \n be comprised of the following:\n ``(A) One technical expert from the Centers for \n Medicare & Medicaid Administration.\n ``(B) One representative of the health insurance \n industry.\n ``(C) One representative of health care consumer \n groups.\n ``(D) One representative of the National \n Association of Insurance Commissioners.\n ``(E) One representative of the State Medicaid \n agencies.\n ``(F) One representative from the small business \n community.\n ``(G) One representative of Federal information \n technology contractors involved in the operation and \n development of healthcare.gov (or any subsequent \n Internet site).\n ``(H) At the discretion of the Chair of the Board \n of Directors, up to 2 additional members, selected by \n the Chair and approved by the Chief Executive Officer.\n ``(3) Chair.--The Chair of the Board of Directors shall \n appoint one member of the technical advisory committee to serve \n as Chair of such committee.\n ``(4) Terms.--Each member of the technical advisory \n committee shall be appointed for a term of 3 years and may be \n reappointed for a term of an additional 2 years.\n ``(e) Work Plan and Report.--\n ``(1) Work plan.--Not later than 3 months after the date of \n enactment of this section, the Chief Executive Officer, in \n cooperation with the Board of Directors, shall develop a work \n plan with respect to duties described in subsection (c)(2), \n indicating the priority and schedule the Board of Directors \n will take in addressing such duties. The work plan shall be \n displayed on healthcare.gov (or any subsequent Internet site).\n ``(2) Annual report.--Not later than February 1 of each \n year, the Chief Executive Officer, in consultation with the \n Board of Directors, shall submit an annual report to the \n President and Congress on the status of the Federal Exchange \n and related insurance oversight, including progress made on the \n duties of the Chief Executive Officer and Board of Directors \n under subsection (c)(2) and remaining issues to be addressed to \n enhance the functionality of healthcare.gov (or any subsequent \n Internet site).''.","summary":"Amends the Patient Protection and Affordable Care Act to establish the Marketplace Health Insurance Corporation, with a Chief Executive Officer (CEO) and Board of Directors, to oversee health care exchanges and health insurance. Directs the President, with the consent of the Senate, to appoint as CEO an individual with a background in health care issues and private-sector management experience. Requires the Board of Directors to advise the CEO on issues including: (1) the functionality of healthcare. gov, (2) the selection of federal exchange health plans, (3) ensuring the accuracy of premium subsidies, and (4) the transition from a state exchange to the federal exchange. Requires the Board of Directors to establish a technical advisory committee to assist the Board of Directors and CEO in carrying out their duties.","title":"A bill to establish a board of directors and CEO to oversee the Federal Exchange and State Exchanges, and to provide health insurance oversight.","text_len":9205,"sum_len":827} {"bill_id":"104_hr2696","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Agricultural \nEquity Act of 1995''.\n (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings, policy, and purpose.\nSec. 3. Sense of Congress on ending the Federal deficit.\nSec. 4. Nonrecourse loans and deficiency payments for the 1996 through \n 2002 crops of rice, upland cotton, feed \n grains, wheat, and oilseeds.\nSec. 5. Review of status and future of production agriculture.\n\nSEC. 2. FINDINGS, POLICY, AND PURPOSE.\n\n (a) Findings.--Congress finds the following:\n (1) A sound and prosperous economy in the United States is \n dependent on American agriculture and related industries, \n including producers, processors, handlers, manufacturers, \n marketers, transporters, and the banking and credit industry.\n (2) American agriculture and related industries account for \n over 21,000,000 jobs and approximately 16 percent, or over \n $41,000,000,000,000, of the gross domestic product.\n (3) Because of the combined effort of American agriculture \n and related industries, consumers in the United States enjoy a \n dependable supply of food and fiber at fair prices.\n (4) The future of American agriculture is dependent on the \n continued viability of the American agricultural producer, the \n underpinning of the national economy.\n (5) Agricultural producers must receive a fair return on \n their productivity and investment in an industry characterized \n by continued subsidized foreign competition and wide \n fluctuations in production and prices due to weather and \n related factors.\n (6) One of the essential elements of a sound agricultural \n economy is the ability of the United States to compete in the \n world market.\n (7) Exports of United States agricultural commodities are \n expected to reach nearly $50,000,000,000 in 1995 and contribute \n about $20,000,000,000 to the United States balance of trade.\n (8) Agricultural exports account for over 1,000,000 \n American jobs.\n (9) Commodity Credit Corporation outlays for farm programs \n have declined from a high of approximately $26,000,000,000 for \n fiscal year 1986 to less than $9,000,000,000 for fiscal year \n 1995, a reduction of over 65 percent that is unique among the \n many mandatory spending programs of the Federal Government.\n (10) According to the Congressional Budget Office, farm \n program outlays are projected to remain below the outlay level \n for fiscal year 1995 for the next 5 years and continue to \n decline by nearly 8 percent, even if no changes are made in \n current law for existing farm programs.\n (b) Policy.--It is the policy of the United States that--\n (1) continued Federal Government support is necessary to \n provide stability for American agricultural producers to--\n (A) enable the producers to continue to provide \n consumers with a steady and dependable supply of food \n and fiber at fair prices;\n (B) enhance farmer and rancher profitability;\n (C) encourage young farmers to stay on the farm;\n (D) maintain the competitiveness of the United \n States in the world market; and\n (E) otherwise preserve the underpinnings of a sound \n agricultural economy; and\n (2) reductions in farm program spending should be made in a \n fair and equitable manner in order to meet the objective of \n achieving a balanced budget for the Federal Government in a \n manner consistent with paragraph (1).\n (c) Purpose.--The purpose of this Act is to establish agricultural \nprice support and production adjustment programs for the 1996 through \n2002 crop years that provide a structure for a sound agricultural \neconomy in a manner consistent with subsection (b).\n\nSEC. 3. SENSE OF CONGRESS ON ENDING THE FEDERAL DEFICIT.\n\n It is the sense of Congress that--\n (1) the continuation of significant Federal budgetary \n deficits harms the economic well-being of the United States and \n is detrimental to the development of sound, long-term \n agricultural policy;\n (2) agricultural price support and production adjustment \n programs are necessary for the continued economic health of \n United States agriculture, which must compete in international \n markets against subsidized foreign competition; and\n (3) agricultural price support and production adjustment \n programs should be--\n (A) implemented, to the maximum extent practicable, \n in a manner that is consistent with the primary goal of \n the concurrent resolution on the budget for fiscal year \n 1996 (H. Con. Res. 67, agreed to June 29, 1995) to end \n Federal budget deficits; and\n (B) modified, as necessary, to ensure that the \n programs comply with applicable budget reconciliation \n instructions in the concurrent resolution that are \n designed to end Federal budget deficits, in a manner \n consistent with section 306 of the concurrent \n resolution.\n\nSEC. 4. NONRECOURSE LOANS AND DEFICIENCY PAYMENTS FOR THE 1996 THROUGH \n 2002 CROPS OF RICE, UPLAND COTTON, FEED GRAINS, WHEAT, \n AND OILSEEDS.\n\n (a) Definitions.--For purposes of this section:\n (1) Covered commodities.--The term ``covered commodities'' \n means rice, upland cotton, feed grains, wheat, and oilseeds.\n (2) Feed grains.--The term ``feed grains'' means corn, \n grain sorghum, barley, and oats.\n (3) Oilseeds.--The term ``oilseeds'' means soybeans, \n sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard \n seed, and such other oilseeds as the Secretary may determine \n appropriate for inclusion.\n (b) Nonrecourse Loans.--\n (1) Price support loans.--The Secretary shall make \n available to producers on a farm nonrecourse loans for each of \n the 1996 through 2002 crops of each covered commodity at the \n level specified in paragraph (2). Acreage covered shall include \n both mandatory and voluntary flex acres.\n (2) Loan levels.--The loan levels for each covered \n commodity shall be 100 percent of the simple average price \n received by producers of that covered commodity, as determined \n by the Secretary, during the marketing years for the preceding \n 5 crops of that covered commodity, excluding the year in which \n the average price was the highest and the year in which the \n average price was the lowest in the period. The Secretary may \n adjust the loan level for a particular covered commodity to \n reflect changes in the market price of that covered commodity.\n (3) Prohibitions.--The Secretary shall not make available a \n marketing loan or loan deficiency payment to any producer on a \n farm for any of the 1996 through 2002 crops of covered \n commodities.\n (c) Deficiency Payments.--\n (1) In general.--The Secretary shall make deficiency \n payments available to producers for each of the 1996 through \n 2002 crops of each covered commodity (other than oilseeds) in \n an amount computed by multiplying--\n (A) the payment rate for the covered commodity;\n (B) the payment acres for the crop of that covered \n commodity; and\n (C) the farm program yield for the crop of that \n covered commodity for the farm.\n (2) Payment rate.--\n (A) Minimum established price.--The minimum \n established price in effect for the 1991 through 1995 \n crops of each covered commodity shall continue in \n effect for the 1996 through 2002 crops of that covered \n commodity.\n (B) Establishment of rate.--The payment rate for \n each of the 1996 through 2002 crops of each covered \n commodity shall be the amount by which the target price \n exceeds the higher of--\n (i) the loan level established for that \n covered commodity under subsection (b);\n (ii) the average market price of that \n covered commodity.\n (3) Payment acres.--Payment acres for a crop of a covered \n commodity shall equal base acres less idled (set aside) and \n flex (mandatory and optional) acres.\n (4) Elimination of \\0\/85\\ and \\50\/85\\ programs.--The \n Secretary shall discontinue the partial payment programs, \n variously known as \\0\/85\\, \\50\/85\\, \\0\/92\\, and \\50\/92\\, \n effective with crop year 1996.\n (d) Flexibility (`Flex') Program.--The Secretary shall increase \nproducer planting flexibility--\n (1) by increasing the mandatory flex acreage percentage for \n each covered commodity from 15 percent to 20 percent; and\n (2) by offering producers an additional voluntary increase \n in flex acres of between 10 percent to 25 percent.\n (e) Crop Insurance Requirement.--As a condition for eligibility for \ncrop loans and deficiency payments under this section, the producers on \na farm shall obtain catastrophic risk protection insurance coverage in \naccordance with section 508(b) of the Federal Crop Insurance Act (7 \nU.S.C. 1508(b)).\n (f) Conforming Repeals.--Sections 101B (rice), 103B (cotton), 105B \n(feed grains), 107B (wheat), and 205 (oilseeds) of the Agricultural Act \nof 1949 are repealed. The repeal of such sections shall not affect the \nauthority of the Secretary to carry out a price support or production \nadjustment program for any of the 1991 through 1995 crops of a covered \ncommodity under a provision of law in effect immediately before the \ndate of the enactment of this Act.\n\nSEC. 5. REVIEW OF STATUS AND FUTURE OF PRODUCTION AGRICULTURE.\n\n (a) Scope of Review.--The Secretary of Agriculture shall conduct a \ncomprehensive review of the status and future of production agriculture \nand farming communities in the United States and the extent to which \nthe program changes made by this Act will impact production agriculture \nand farming communities in the United States. The review shall include \nthe following--\n (1) an assessment of the food security situation in the \n United States in the areas of trade, consumer prices, \n international competitiveness of United States production \n agriculture, food supplies, and humanitarian relief;\n (2) an assessment of current and future farm land values \n and agricultural producer incomes;\n (3) an assessment of the extent to which regulatory relief \n for agricultural producers has been enacted and implemented, \n including the application of cost-benefit principles in the \n issuance of agricultural regulations;\n (4) an assessment of the extent to which tax relief for \n agricultural producers has been enacted in the form of capital \n gains tax reductions, estate tax exemptions, and mechanisms to \n average tax loads over high- and low-income years;\n (5) an assessment of any Federal Government interference in \n agricultural export markets, such as the imposition of trade \n embargoes, and the degree of implementation and success of \n international trade agreements;\n (6) identification of the appropriate future relationship \n of the Federal Government with production agriculture after \n 2002;\n (7) identification of the long-term goals for production \n agriculture and farming communities in the United States and \n recommendations for actions needed to achieve those goals; and\n (8) an assessment of manpower and infrastructure \n requirements of the Department of Agriculture as the result of \n program changes made by this Act.\n (b) Legislative Proposals.--As part of the comprehensive review \nrequired under subsection (a), the Secretary shall develop specific \nlegislative proposals to implement any recommendations being made.\n (c) Reports.--The Secretary shall report the findings and \nrecommendations made under subsection (a) to the President, to the \nCommittee on Agriculture of the House of Representatives, and to the \nCommittee on Agriculture, Nutrition, and Forestry of the Senate, not \nlater than March 31, 1997.\n (d) Hearings.--The Secretary may, for the purpose of carrying out \nthis section, conduct such hearings and receive such evidence as the \nSecretary considers appropriate.\n (e) Assistance From Other Agencies.--The Secretary may secure from \nother departments and agencies of the Federal Government such \ninformation as may be necessary to carry out this section.","summary":"Agricultural Equity Act of 1995 - Directs the Secretary of Agriculture to make price support loans and deficiency payments through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Provides for increased flex acreage. Requires crop insurance as a condition of program eligibility. Directs the Secretary to review the status and future of production agriculture, including development of related legislative proposals.","title":"Agricultural Equity Act of 1995","text_len":13577,"sum_len":431} {"bill_id":"109_s3890","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Rural Energy for America Act of \n2006''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1) rising energy costs and uncertain long term energy \n supplies threaten to undermine the growth of the United States \n economy;\n (2) since 2003, fuel and fertilizer costs have nearly \n doubled for agricultural producers;\n (3) there are continuing and increasing risks to the energy \n security of the United States;\n (4) having an affordable, reliable, and plentiful energy \n supply will strengthen the United States economy and improve \n domestic energy security;\n (5) the agricultural sector can provide a significant \n source of clean, sustainable energy for the United States that \n can reduce the dependence of the United States on imported \n energy and lower energy costs for all people of the United \n States;\n (6) agriculture-based energy--\n (A) boosts rural economic development;\n (B) increases farm-based income;\n (C) creates manufacturing, construction, and \n service jobs;\n (D) expands economic opportunity for all people; \n and\n (E) improves environmental quality;\n (7) it is a goal of this Act to help the agricultural \n sector to provide at least 25 percent of the energy consumed in \n the United States by calendar year 2025;\n (8) expanding agriculture-based renewable energy resources \n (including wind, solar, and geothermal energy, ethanol, and \n biodiesel) and improving energy efficiency will help to achieve \n that goal;\n (9) section 9006 of the Farm Security and Rural Investment \n Act of 2002 (7 U.S.C. 8106) established the renewable energy \n systems and energy efficiency improvements program, which is \n the first agricultural program to catalyze broad renewable \n energy and energy efficiency measures for the agricultural and \n rural business sectors;\n (10) since establishment, the program has been a strong \n success, providing during the first 3 years of the program \n nearly $64,000,000 in grants and loan guarantees for 412 \n renewable energy and energy efficiency projects in 37 States, \n which leveraged approximately $699,000,000 in additional \n investments in farms and rural communities;\n (11) projects assisted by the grants and loan guarantees \n will--\n (A) produce or save more than 17,000,000,000,000 \n British thermal units of energy each year in the form \n of fuel, electricity, thermal energy, and energy \n efficiency;\n (B) produce 124,000,000 gallons of ethanol and \n biodiesel fuel annually; and\n (C) reduce carbon dioxide emissions by more than \n 4,000,000 tons annually; and\n (12) applications for assistance under the program--\n (A) in 2003, nearly matched the available funding \n for the program;\n (B) in 2004, were nearly twice the available \n funding for the program; and\n (C) in 2005 and 2006, were nearly triple the \n available funding for the program.\n\nSEC. 3. RURAL ENERGY FOR AMERICA PROGRAM.\n\n Section 9006 of the Farm Security and Rural Investment Act of 2002 \n(7 U.S.C. 8106) is amended--\n (1) by striking the section designation and heading and \n inserting the following:\n\n``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.'';\n\n (2) in subsection (a)--\n (A) by inserting ``, and issue rebates,'' after \n ``grants''; and\n (B) by inserting ``rural school districts,'' after \n ``ranchers,''.\n (3) by striking subsection (f);\n (4) by redesignating subsection (e) as subsection (h);\n (5) by inserting after subsection (d) the following:\n ``(e) Production-Based Incentive in Lieu of Grant.--\n ``(1) In general.--In addition to the authority under \n subsection (a), to encourage the production of electricity from \n renewable energy systems, the Secretary shall, on the request \n of an eligible applicant under this section, make production-\n based payments to the applicant in lieu of a grant.\n ``(2) Contingency.--Payments under paragraph (1) shall be \n contingent on documented energy production and sales from the \n renewable energy system to a third party.\n ``(3) Limitation.--The total net present value of a \n production-based incentive may not exceed the lower of--\n ``(A) 25 percent of the eligible project costs; and\n ``(B) any other limits that the Secretary \n establishes by rule or guidance.\n ``(f) Feasibility Studies.--\n ``(1) In general.--The Secretary may provide assistance to \n eligible applicants to conduct feasibility studies of projects \n for which assistance may be provided under this section.\n ``(2) Limitation.--The Secretary shall use not more than 10 \n percent of funds made available to carry out this section to \n provide assistance described in paragraph (1).\n ``(3) Criteria.--The Secretary shall, by regulation, \n establish criteria for the receipt of assistance under this \n subsection.\n ``(4) Avoidance of duplicative assistance.--An applicant \n that receives assistance to carry out a feasibility study for a \n project under this subsection shall not be eligible for \n assistance to carry out a feasibility study for the project \n under any other provision of Federal law.\n ``(5) Matching funds.--A recipient of funds under this \n subsection shall contribute an amount of non-Federal funds that \n is at least equal to 75 percent of the amount of Federal funds \n received.\n ``(g) Rebate Program.--\n ``(1) In general.--The Secretary shall make competitive \n grants to eligible entities to provide rebates for farmers, \n ranchers, rural school districts, and rural small businesses to \n purchase renewable energy systems and make energy efficiency \n improvements.\n ``(2) Eligible entities.--To be eligible to receive a grant \n under paragraph (1), an entity shall be--\n ``(A) a State energy or agriculture office;\n ``(B) a nonprofit State-based energy efficiency or \n renewable energy organization that uses public funds \n provided directly or under contract with a State \n agency;\n ``(C) any other nonprofit organization with a \n demonstrated ability to administer a State-wide energy \n efficiency or renewable energy rebate program; or\n ``(D) a consortium of entities described in \n subparagraphs (A) through (C).\n ``(3) Merit review.--\n ``(A) In general.--The Secretary shall establish a \n merit review process to review applications for grants \n under paragraph (1) that uses the expertise of the \n Department of Agriculture, other Federal and State \n agencies, and non-governmental organizations.\n ``(B) Requirements.--In reviewing the application \n of an eligible entity to receive a grant under \n paragraph (1), the Secretary shall consider--\n ``(i) the experience and expertise of the \n entity in establishing and administering a \n State-wide clean energy rebate program;\n ``(ii) the annual projected energy savings \n or production increases resulting from the \n proposed program;\n ``(iii) the environmental benefits \n resulting from the proposed program; and\n ``(iv) other appropriate factors, as \n determined by the Secretary.\n ``(4) Maintenance of effort.--An entity that receives a \n grant under paragraph (1) shall provide assurances to the \n Secretary that funds provided to the entity under this \n subsection will be used to supplement, not to supplant, the \n amount of Federal, State, and local funds otherwise expended \n for rebate programs.\n ``(5) Rebate amount.--The amount of a rebate provided from \n a grant under this subsection shall not exceed the lower of--\n ``(A) $10,000; or\n ``(B) 50 percent of the cost incurred to purchase a \n renewable energy system or an energy efficiency \n improvement.''; and\n (6) by adding at the end the following:\n ``(i) Funding.--Of the funds of the Commodity Credit Corporation, \nthe Secretary shall make available to carry out this section--\n ``(1) $60,000,000 for fiscal year 2008, to remain available \n until expended, of which not more than $12,000,000 shall be \n used to carry out subsection (g);\n ``(2) $90,000,000 for fiscal year 2009, to remain available \n until expended, of which not more than $18,000,000 shall be \n used to carry out subsection (g);\n ``(3) $130,000,000 for fiscal year 2010, to remain \n available until expended, of which not more than $26,000,000 \n shall be used to carry out subsection (g);\n ``(4) $180,000,000 for fiscal year 2011, to remain \n available until expended, of which not more than $36,000,000 \n shall be used to carry out subsection (g); and\n ``(5) $250,000,000 for fiscal year 2012, to remain \n available until expended, of which not more than $50,000,000 \n shall be used to carry out subsection (g).''.\n\nSEC. 4. SENSE OF THE SENATE ON A DIRECT LOAN PROGRAM IN SECTION 9006.\n\n It is the sense of the Senate that--\n (1) as authorized by section 9006 of the Farm Security and \n Rural Investment Act of 2002 (7 U.S.C. 8106), the Secretary of \n Agriculture should implement a direct loan program to \n complement the grants provided under that section; and\n (2) as appropriate, the Secretary should model the direct \n loan program on the loan program established under section 503 \n of the Small Business Investment Act of 1958 (15 U.S.C. 697).","summary":"Rural Energy for America Act of 2006 - Amends the Farm Security and Rural Investment Act of 2002 to rename the renewable energy systems and energy efficiency improvements program as the rural energy for America program (REAP). Makes rural school districts eligible for REAP. Authorizes: (1) production-based incentives in lieu of grants for electricity production from renewable energy systems contingent upon third-party sales. And (2) matching assistance for feasibility studies. Directs the Secretary of Agriculture to make grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. Defines eligible entities as: (1) a state energy or agriculture office. (2) a nonprofit state-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a state agency. (3) any other nonprofit organization with a demonstrated ability to administer a statewide energy efficiency or renewable energy rebate program. Or (4) a consortium of such entities. Limits rebates to the lower of $10,000 or 50 of the cost to purchase a renewable energy system or an energy efficiency improvement. Extends REAP funding through FY 2012 with set-asides for the rebate program. Expresses the sense of the Senate that the Secretary should implement a direct loan program to complement REAP grants.","title":"A bill to enhance and improve the energy security of the United States, expand economic development, increase agricultural income, and improve environmental quality by reauthorizing and improving the renewable energy systems and energy efficiency improvements program of the Department of Agriculture through fiscal year 2012, and for other purposes.","text_len":11010,"sum_len":1467} {"bill_id":"104_s570","text":"SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES \n OF DEFENSE NUCLEAR FACILITIES.\n\n (a) Contract Authority.--Notwithstanding any other law, the \nSecretary of Energy may enter into 1 or more long-term contracts for \nthe procurement, from a facility located within 25 miles of a current \nor former Department of Energy defense nuclear facility, of products \nand services that are determined by the Secretary to be necessary to \nsupport waste cleanup and modernization activities at such facilities, \nincluding the following services and related products:\n (1) Waste remediation and environmental restoration, \n including treatment, storage, and disposal.\n (2) Technical services.\n (3) Energy production.\n (4) Utility services.\n (5) Effluent treatment.\n (6) General storage.\n (7) Fabrication and maintenance.\n (8) Research and testing.\n (b) Contract Provisions.--A contract under subsection (a)--\n (1) shall be for a term of not more than 30 years;\n (2) shall include options for 2 10-year extensions of the \n contract;\n (3) when nuclear or hazardous material is involved, shall \n include an agreement to--\n (A) provide indemnification pursuant to section \n 170d. of the Atomic Energy Act of 1954 (42 U.S.C. \n 2210(d));\n (B) indemnify, protect, and hold harmless the \n contractor from and against all liability, including \n liability for legal costs, relating to any preexisting \n conditions at any part of the defense nuclear facility \n managed under the contract;\n (C) indemnify, protect, and hold harmless the \n contractor from and against all liability to third \n parties, including liability for legal costs, relating \n to claims for personal injury, illness, property \n damage, and consequential damages; and\n (D) provide for indemnification of subcontractors \n as described in subparagraphs (A), (B), and (C);\n (4) shall permit the contractor (in accordance with Federal \n law) to obtain a patent for and use for commercial purposes a \n technology developed by the contractor in the performance of \n the contract;\n (5) shall not provide for payment to the contractor of cost \n plus a percentage of cost or cost plus a fixed fee; and\n (6) shall include such other terms and conditions as the \n Secretary of Energy considers appropriate to protect the \n interests of the United States.\n (c) Preference for Local Residents.--In entering into contracts \nunder subsection (a), the Secretary of Energy shall give preference, \nconsistent with Federal, State, and local law, to entities that plan to \nhire, to the maximum extent practicable, residents of the vicinity of \nthe Department of Energy defense nuclear facility concerned and to \npersons who have previously been employed by the Department of Energy \nor its private contractor at the facility.\n (d) Subsequently Enacted Requirements.--\n (1) Definition.--In this subsection, the term ``applicable \n requirement'' means a requirement in an Act of Congress or \n regulation that applies specifically to activities described in \n subsection (a).\n (2) Increased costs.--\n (A) In general.--A contractor under a contract \n under subsection (a) shall be exempt from an applicable \n requirement that would increase the cost of performing \n the contract that is--\n (i) imposed by regulation by a Federal, \n State, or local governmental agency after the \n date on which the contract is entered into \n unless the regulation is issued under an Act of \n Congress described in the exception stated in \n clause (ii); or\n (ii) imposed by an Act of Congress enacted \n after the date of enactment of this Act, except \n an Act of Congress that refers to this \n paragraph and explicitly states that it is the \n intent of Congress to subject such a contractor \n to the requirement.\n (B) Amendment of contract.--In the case of \n enactment of an Act of Congress described in the \n exception stated in subparagraph (A)(ii), the Secretary \n of Energy and the contractor shall negotiate an \n amendment to a contract under subsection (a) providing \n full compensation to the contractor for the increased \n cost incurred in order to comply with any additional \n requirement of law.\n (3) Reduced costs.--\n (A) In general.--A contractor under a contract \n under subsection (a) may elect to be governed by a \n change in a requirement that would reduce the cost of \n performing the contract that is--\n (i) adopted by regulation by a Federal, \n State, or local governmental agency after the \n date on which the contract is entered into, \n unless the change is made pursuant to an Act of \n Congress that refers to this paragraph and \n explicitly states that it is the intent of \n Congress to continue to subject such a \n contractor to that requirement, as in effect \n prior to the date of enactment of that Act of \n Congress; or\n (ii) enacted by an Act of Congress enacted \n after the date of enactment of this Act, except \n an Act of Congress that refers to this \n paragraph and explicitly states that it is the \n intent of Congress to continue to subject such \n a contractor to that requirement, as in effect \n prior to the date of enactment of that Act of \n Congress.\n (B) Amendment of contract.--In the case of a change \n in a requirement that is to be applied to a contractor \n that will reduce the cost of performing the contract, \n the Secretary of Energy and the contractor shall \n negotiate an amendment to a contract under subsection \n (a) providing for a reduction in the amount of \n compensation to be paid to the contractor commensurate \n with the amount of any reduction in costs resulting \n from the change.\n (e) Payment of Balance of Unamortized Costs.--\n (1) Definition.--In this subsection, the term ``special \n facility'' means land, a depreciable building, structure, or \n utility, or depreciable machinery, equipment, or material that \n is not supplied to a contractor by the Department of Energy.\n (2) Contract term.--A contract under subsection (a) may \n provide that if the contract is terminated for the convenience \n of the Government, the Secretary of Energy shall pay the \n unamortized balance of the cost of any special facility \n acquired or constructed by the contractor for performance of \n the contract.\n (3) Source of funds.--The Secretary of Energy may make a \n payment under a contract term described in paragraph (2) and \n pay any other costs assumed by the Secretary as a result of the \n termination out of any appropriations that are available to the \n Department of Energy for operating expenses for the fiscal year \n in which the termination occurs or for any subsequent fiscal \n year.\n (f) Lease of Federally Owned Land.--\n (1) In general.--Notwithstanding any other provision of \n law, the Secretary of Energy may lease federally owned land at \n a current or former Department of Energy defense nuclear \n facility to a contractor in order to provide for or to \n facilitate the construction of a facility in connection with a \n contract under subsection (a).\n (2) Term.--The term of a lease under this paragraph shall \n be the lesser of--\n (A) the expected useful life of the facility to be \n constructed; or\n (B) the term of the contract.\n (3) Terms and conditions.--A lease under paragraph (1) \n shall--\n (A) require the contractor to pay rent in amounts \n that the Secretary of Energy considers to be \n appropriate; and\n (B) include such other terms and conditions as the \n Secretary of Energy considers to be appropriate.\n (g) Nuclear Standards.--The Secretary of Energy shall, whenever \npracticable, consider applying commercial nuclear standards to a \nfacility used in the performance of a contract under subsection (a).\n (h) Limitation on Liability.--\n (1) Definitions.--In this subsection, the terms ``hazardous \n substance'', ``pollutant or contaminant'', ``release'', and \n ``response'' have the meanings stated in section 101 of the \n Comprehensive Environmental Response, Compensation, and \n Liability Act of 1980 (42 U.S.C. 9601).\n (2) In general.--A contractor under a contract under \n subsection (a) or a subcontractor of the contractor shall not \n be liable under Federal, State, or local law for any injury, \n cost, damage, expense, or other relief on a claim by any person \n for death, personal injury, illness, loss of or damage to \n property, or economic loss caused by a release or threatened \n release of a hazardous substance or pollutant or contaminant \n during performance of the contract unless the release or \n threatened release is caused by conduct of the contractor or \n subcontractor that is negligent or that constitutes intentional \n misconduct.\n (3) Repose.--No action (including an action for \n contribution or indemnity) to recover for damage to real or \n personal property, economic loss, personal injury, illness, \n death, or other expense or cost arising out of the performance \n under this section of a response action under a contract under \n subsection (a) may be brought against the contractor (or \n subcontractor of the contractor) under Federal, State, or local \n law after the date that is 6 years after the date of \n substantial completion of the response action.\n\nSEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND \n LOCAL RESIDENTS.\n\n (a) Definition.--In this section, the term ``qualifying Department \nof Energy site'' means a site that contains at least 1 current or \nformer Department of Energy defense nuclear facility for which the \nSecretary of Energy is required by section 3161 of the National Defense \nAuthorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a \nplan for restructuring the work force.\n (b) Preference.--In entering into a contract with a private entity \nfor products to be acquired or services to be performed at a qualifying \nDepartment of Energy site, the Secretary of Energy and contractors \nunder the Secretary's supervision shall, to the maximum extent \npracticable, give preference to an entity that is otherwise qualified \nand within the competitive range (as determined under section 15.609 of \ntitle 48, Code of Federal Regulations, or a successor regulation, as in \neffect on the date of the determination) that plans to--\n (1) provide products and services originating from \n communities within 25 miles of the site;\n (2) hire residents living in the vicinity of the site, \n especially dislocated site workers, to perform the contract; \n and\n (3) invest in value-added activities in the vicinity of the \n site to mitigate adverse economic development impacts resulting \n from closure or restructuring of the site.\n (c) Applicability.--Preference shall be given under subsection (b) \nonly with respect to a contract for an environmental management and \nrestoration activity that is entered into after the date of enactment \nof this Act.\n (d) Termination.--This section shall expire on September 30, 1999.","summary":"Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity that plans to: (1) provide products and services originating from communities within 25 miles of the site. (2) hire residents living in the site's vicinity to perform the contract. And (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.","title":"A bill to authorize the Secretary of Energy to enter into privatization arrangements for activities carried out in connection with defense nuclear facilities, and for other purposes.","text_len":13076,"sum_len":1626} {"bill_id":"112_hr2535","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``College Literacy in Finance and \nEconomics Act of 2011'' or the ``College LIFE Act''.\n\nSEC. 2. FINDINGS.\n\n Congress finds the following:\n (1) Student borrowing is widespread in higher education, \n and more than $100,000,000,000 in Federal education loans are \n originated each year. In 2008, 62 percent of recipients of a \n baccalaureate degree graduated with student debt.\n (2) Forty-eight percent of students at 4-year public \n institutions of higher education borrow money to pay for \n college, as do 57 percent of students at 4-year private \n institutions of higher education, and 96 percent of students at \n for-profit institutions of higher education.\n (3) In 2008, 92 percent of Black students, 85 percent of \n Hispanic students, 85 percent of American Indian\/Alaska Native \n students, 82 percent of multi-racial students, 80 percent of \n Native Hawaiian\/Pacific Islander students, 77 percent of White \n students, and 68 percent of Asian students received financial \n aid.\n (4) Students depart from institutions of higher education \n with significant debt. In 2008, the average student loan debt \n among graduates of institutions of higher education was \n $23,186, and 1 in 10 recipients of a baccalaureate degree \n graduated with at least $40,000 in debt. In 2008, 57 percent of \n recipients of a baccalaureate degree from a for-profit \n institution of higher education owed more than $30,000, and the \n median amount of debt was $32,700. Since 2003, the average \n cumulative debt among students at institutions of higher \n education has increased by 5.6 percent each year.\n (5) Students enrolled in for-profit institutions of higher \n education account for 47 percent of all student loan defaults, \n despite representing approximately 10 percent of all students \n enrolled in institutions of higher education. Since 2003, the \n national cohort default rate has increased from 4.5 percent to \n 7 percent.\n (6) Students rely on access to credit. Fifty-six percent of \n dependent students at institutions of higher education had a \n credit card in their own name in 2004. The average credit card \n balance among such students who were carrying a balance on \n their cards was $2,000.\n (7) According to the National Foundation for Credit \n Counseling, the majority of adults (56 percent of adults in the \n United States, or 127,000,000 people) do not have a budget or \n keep close track of expenses or spending.\n (8) According to a 2009 National Bankruptcy Research Center \n study, consumers who received financial education through pre-\n bankruptcy counseling had 27.5 percent fewer delinquent \n accounts and remained current on their accounts for 29 percent \n longer than consumers who did not receive such counseling.\n (9) According to the Financial Industry Regulatory \n Authority Investor Education Foundation, less than \\1\/3\\ of \n young adults (ages 18 to 29) set aside emergency savings to \n weather unexpected financial challenges.\n (10) According to a Jump$tart Coalition for Personal \n Financial Literacy survey, 62 percent of high school students \n cannot pass a basic personal finance exam, and financial \n literacy scores among future higher education students are low.\n (11) According to research by the National Endowment for \n Financial Education and the University of Arizona, schools are \n the institutions that students trust most to help increase \n their knowledge of personal finance.\n\nSEC. 3. FINANCIAL LITERACY COUNSELING.\n\n Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is \namended by adding at the end the following:\n ``(n) Financial Literacy Counseling.--\n ``(1) In general.--Each eligible institution shall provide \n financial literacy counseling to borrowers in accordance with \n the requirements of this subsection, through--\n ``(A) financial aid offices;\n ``(B) an employee or group of employees designated \n under subsection (c); or\n ``(C) a contract or partnership with a nonprofit \n organization that has substantial experience developing \n or administering financial literacy and economic \n education curricula, which may include an organization \n that has received grant funding under the Excellence in \n Economic Education Act of 2001 (20 U.S.C. 7267 et \n seq.).\n ``(2) Entrance and exit counseling required.--\n ``(A) In general.--Financial literacy counseling, \n as required under this subsection, shall be provided to \n borrowers on the following 2 occasions:\n ``(i) Entrance counseling.--Such counseling \n shall be provided not later than 45 days after \n the first disbursement of a borrower's first \n loan that is made, insured, or guaranteed under \n part B, made under part D, or made under part \n E.\n ``(ii) Exit counseling.--Such counseling \n shall be provided, in addition to the \n counseling provided under clause (i), prior to \n the completion of the course of study for which \n the borrower enrolled at the institution or at \n the time of departure from such institution, to \n each borrower of a loan that is made, insured, \n or guaranteed under part B, made under part D, \n or made under part E.\n ``(B) Exceptions.--The requirements of subparagraph \n (A) shall not apply to borrowers of--\n ``(i) a loan made, insured, or guaranteed \n pursuant to section 428C;\n ``(ii) a loan made, insured, or guaranteed \n on behalf of a student pursuant to section \n 428B; or\n ``(iii) a loan made under part D that is a \n Federal Direct Consolidation Loan or a Federal \n Direct PLUS loan made on behalf of a student.\n ``(C) Minimum counseling requirements.--Such \n financial literacy counseling shall include a total of \n not less than 4 hours of counseling on the occasion \n described in subparagraph (A)(i), and an additional \n period of not less than 4 hours of counseling on the \n occasion described in subparagraph (A)(ii). A total of \n not more than 2 hours of counseling for each of the \n occasions described in subparagraph (A) shall be \n provided electronically.\n ``(D) Early departure.--Notwithstanding \n subparagraph (C), if a borrower leaves an eligible \n institution without the prior knowledge of such \n institution, the institution shall attempt to provide \n the information required under this subsection to the \n student in writing.\n ``(3) Information to be provided.--Financial literacy \n counseling, as required under this subsection, shall include \n information on the following:\n ``(A) Student financial aid, including--\n ``(i) general information about educational \n loans, grants, tax credits, and scholarships;\n ``(ii) the difference between grants, \n scholarships, and loans, the difference between \n Federal loans under this title and private \n educational loans, and the difference between \n loans under this title and other loan products; \n and\n ``(iii) information about educational loan \n management, including repayment, deferment, \n consolidation, cancellation, discharge, and \n defaults.\n ``(B) Banking basics, including--\n ``(i) the types of financial institutions;\n ``(ii) the roles, purposes, and uses of \n mainstream financial institutions; and\n ``(iii) the fundamentals of opening, using, \n and managing basic savings and checking \n accounts, including common rates, fees, and \n borrower pitfalls.\n ``(C) Budgeting and saving, including--\n ``(i) the main components of a budget;\n ``(ii) designating and prioritizing income, \n expenses, and personal expenditures; and\n ``(iii) developing and maintaining matching \n goals and savings plans.\n ``(D) Credit and debt management, including \n responsible use of credit and the pitfalls of credit \n card debt.\n ``(E) Credit cards and other common credit products \n (such as debit cards, student loan debit and refund \n cards, charge cards, pre-paid cards, and secured cards \n linked to checking accounts), including--\n ``(i) features, terms, and conditions of \n credit agreements;\n ``(ii) responsible use of such cards and \n products;\n ``(iii) repayment; and\n ``(iv) the consequences of making only \n required minimum payments.\n ``(F) Investing, including--\n ``(i) common investment products;\n ``(ii) establishing investment goals (such \n as education, homeownership, wealth building, \n and retirement);\n ``(iii) risks and benefits of investing; \n and\n ``(iv) assessing and establishing risk \n tolerance.\n ``(G) Credit scores, including--\n ``(i) functions and uses of credit scores;\n ``(ii) calculation of credit scores;\n ``(iii) factors that may improve or worsen \n credit scores; and\n ``(iv) how to build a strong credit \n history.\n ``(H) Housing, including information on--\n ``(i) renting;\n ``(ii) pre-homeownership education (such as \n assessing homeownership readiness and \n capability); and\n ``(iii) the basics of mortgage borrowing \n (such as common mortgage products and \n qualifying for and obtaining a mortgage).\n ``(I) Taxes, including--\n ``(i) tax filing and planning; and\n ``(ii) the tax consequences of financial \n decisions (such as placing an investment or \n purchasing a home).\n ``(J) Responsible financial decision making, \n including identifying and analyzing costs, benefits, \n economic incentives, and alternatives.\n ``(4) Use of interactive programs.--The Secretary may \n encourage institutions to carry out the requirements of this \n subsection through the use of interactive programs that test \n the borrower's understanding of the financial literacy \n information provided through counseling under this subsection, \n using simple and understandable language and clear formatting.\n ``(5) Model financial literacy counseling curriculum.--Not \n later than 1 year after the date of enactment of the College \n Literacy in Finance and Economics Act of 2011, the Secretary \n shall develop a curriculum in accordance with the requirements \n of paragraph (3), which eligible institutions may use to \n fulfill the requirements of this subsection. In developing such \n curriculum, the Secretary may consult with members of the \n Financial Literacy and Education Commission.''.","summary":"College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on student financial aid, banking, budgeting and saving, credit and debt management, credit cards and products, investing, credit scores, housing, taxes, and responsible financial decision making. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements.","title":"To require financial literacy and economic education counseling for student borrowers, and for other purposes.","text_len":13318,"sum_len":994} {"bill_id":"113_hr418","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Medicare Fraud Enforcement and \nPrevention Act of 2013''.\n\nSEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID \n FRAUD.\n\n (a) In General.--Section 1128B of the Social Security Act (42 \nU.S.C. 1320a-7b) is amended--\n (1) in subsection (a), by striking ``$10,000 or imprisoned \n for not more than one year'' and inserting ``$20,000 or \n imprisoned for not more than two years''; and\n (2) in each of subsections (a), (b)(1), (b)(2), (c), and \n (d), by striking ``$25,000 or imprisoned for not more than five \n years'' and inserting ``$50,000 or imprisoned for not more than \n 10 years''.\n (b) Illegal Distribution of Medicare or Medicaid Beneficiary \nIdentification or Billing Privileges.--Section 1128B of the Social \nSecurity Act (42 U.S.C. 1320a-7b) is amended by adding at the end the \nfollowing new subsection:\n ``(h) Whoever knowingly purchases, sells, or unlawfully \ndistributes, or arranges for the purchase, sale, or unlawful \ndistribution of two or more Medicare or Medicaid beneficiary \nidentification numbers or billing privileges under title XVIII or title \nXIX shall be imprisoned for not more than 10 years or fined under title \n18, United States Code (or, if greater, an amount equal to the monetary \nloss to the Federal and any State government as a result of such acts), \nor both.''.\n (c) Effective Date.--The amendments made by this section shall \napply to acts committed on or after the date of the enactment of this \nAct.\n\nSEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID \n FRAUD.\n\n (a) Civil Monetary Penalties Law Alignment and Other Changes.--\n (1) Section 1128A(a) of the Social Security Act (42 U.S.C. \n 1320a-7a(a)) is amended--\n (A) in paragraph (1), by striking ``to an officer, \n employee, or agent of the United States, or of any \n department or agency thereof, or of any State agency \n (as defined in subsection (i)(1)),'';\n (B) by inserting after paragraph (10), as added by \n section 6402(d)(2) of the Patient Protection and \n Affordable Care Act (Public Law 111-148) the following \n new paragraphs:\n ``(11) conspires to commit a violation of this section; or\n ``(12) knowingly makes, uses, or causes to be made or used, \n a false record or statement material to an obligation to pay or \n transmit money or property to a Federal health care program, or \n knowingly conceals or knowingly and improperly avoids or \n decreases an obligation to pay or transmit money or property to \n a Federal health care program;'';\n (C) in the first sentence--\n (i) by striking ``or in cases under \n paragraph (9)'' and inserting ``in cases under \n paragraph (9)''; and\n (ii) by striking ``fact)'' and inserting \n ``fact), in cases under paragraph (11), $50,000 \n for any violation described in this section \n committed in furtherance of the conspiracy \n involved, and in cases under paragraph (12), \n $50,000 for each false record or statement, or \n concealment, avoidance, or decrease''; and\n (D) in the second sentence, by striking ``material \n fact).'' and inserting ``material fact); or in cases \n under paragraph (11), an assessment of not more than 3 \n times the total amount that would otherwise apply for \n any violation described in this section committed in \n furtherance of the conspiracy involved; or in cases \n under paragraph (12), an assessment of not more than 3 \n times the total amount of the obligation to which the \n false record or statement was material or that was \n avoided or decreased.''.\n (2) Section 1128A(c)(1) of the Social Security Act (42 \n U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and \n inserting ``10 years''.\n (3) Section 1128A(i) of the Social Security Act (42 U.S.C. \n 1320a-7a(i)) is amended--\n (A) by amending paragraph (2) to read as follows:\n ``(2) The term `claim' means any application, request, or \n demand, whether under contract, or otherwise, for money or \n property for items and services under a Federal health care \n program (as defined in section 1128B(f)), whether or not the \n United States or a State agency has title to the money or \n property, that--\n ``(A) is presented or caused to be presented to an \n officer, employee, or agent of the United States, or of \n any department or agency thereof, or of any State \n agency (as defined in subsection (i)(1)); or\n ``(B) is made to a contractor, grantee, or other \n recipient if the money or property is to be spent or \n used on the Federal health care program's behalf or to \n advance a Federal health care program interest, and if \n the Federal health care program--\n ``(i) provides or has provided any portion \n of the money or property requested or demanded; \n or\n ``(ii) will reimburse such contractor, \n grantee, or other recipient for any portion of \n the money or property which is requested or \n demanded.'';\n (B) by amending paragraph (3) to read as follows:\n ``(3) The term `item or service' means, without limitation, \n any medical, social, management, administrative, or other item \n or service used in connection with or directly or indirectly \n related to a Federal health care program.'';\n (C) in paragraph (7)--\n (i) by striking ``term `should know' \n means'' and inserting ``terms `knowing', \n `knowingly', and `should know' mean'';\n (ii) by redesignating subparagraphs (A) and \n (B) as subparagraphs (B) and (C), respectively;\n (iii) by inserting before subparagraph (B), \n as redesignated by clause (ii), the following \n new subparagraph:\n ``(A) has actual knowledge of the information;''; \n and\n (iv) in the matter following subparagraph \n (C), as redesignated by clause (ii)--\n (I) by inserting ``require'' after \n ``and''; and\n (II) by striking ``is required''; \n and\n (D) by adding at the end the following new \n paragraphs:\n ``(8) The term `obligation' means an established duty, \n whether or not fixed, arising from an express or implied \n contractual, grantor-grantee, or licensor licensee \n relationship, from a fee-based or similar relationship, from \n statute or regulation, or from the retention of any \n overpayment.\n ``(9) The term `material' means having a natural tendency \n to influence, or be capable of influencing, the payment or \n receipt of money or property.''.\n (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) \nof the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by \nstriking clauses (i) and (ii) of paragraph (15)(A) and inserting the \nfollowing:\n ``(i) who has or had a direct or indirect \n ownership or control interest in a sanctioned \n entity at the time of and who knew or should \n have known (as defined in section 1128(i)(7)) \n of any of the conduct that formed a basis for \n the conviction or exclusion described in \n subparagraph (B); or\n ``(ii) who is or was an officer or managing \n employee (as defined in section 1126(b)) of \n such an entity at the time of any of the \n conduct that formed a basis for the conviction \n or exclusion so described.''.\n (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the \nSocial Security Act (42 U.S.C. 1395y) is amended by striking ``may'' \nand inserting ``shall''.\n (d) Civil Monetary Penalties for False Statements or Delaying \nInspections.--Paragraph (9) of section 1128A(a) of the Social Security \nAct (42 U.S.C. 1320a-7a(a)) is amended by inserting ``or to timely \nprovide information in response to a request authorized by section \n1128J(b),'' after ``regulations),''.\n\nSEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC \n TECHNOLOGY STUDY.\n\n (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social \nSecurity Act (42 U.S.C. 1395cc(j)(2)(B)(ii)) is amended by striking \n``may'' and inserting ``shall''.\n (b) Access to Real Time Claims and Payment Data.--Section \n1128J(a)(2) of the Social Security Act is amended--\n (1) by inserting ``including real time claims and payment \n data,'' after ``access to claims and payment data''; and\n (2) by adding at the end the following sentence: ``In \n carrying out this section, the Inspector General of the \n Department of Health and Human Services, in consultation with \n the Attorney General, shall implement mechanisms for the \n sharing of information about suspected fraud relating to the \n Federal health care programs under titles XVIII, XIX, and XXI \n with other appropriate law enforcement officials.''.\n (c) Study on Use of Biometric Technology.--\n (1) In general.--The Secretary of Health and Human Services \n shall provide for a study that analyzes the feasibility and \n benefits in reducing waste, fraud, and abuse of carrying out a \n program (in this subsection referred to as a ``biometric \n technology program'') that implements biometric technology to \n ensure that individuals entitled to benefits under part A of \n title XVIII of the Social Security Act or enrolled under part B \n of such title are physically present at the time and place of \n receipt of certain items and services (specified by the \n Secretary) for which payment may be made under such title. Such \n a program may provide for financial incentives to encourage \n voluntary participation of providers of services (as defined in \n section 1861(u) of such Act) and suppliers (as defined in \n section 1861(d) of such Act).\n (2) Report.--Not later than 6 months after the date of the \n enactment of this Act, the Secretary shall submit to the \n Congress a report on the study conducted under paragraph (1). \n Such report shall include an analysis of the likely \n effectiveness of a biometric technology program on reducing \n waste, fraud, and abuse under the Medicare program and may \n include recommendations with regard to whether such a program, \n on a pilot or other basis, should be implemented.","summary":"Medicare Fraud Enforcement and Prevention Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims. And (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made.","title":"Medicare Fraud Enforcement and Prevention Act of 2013","text_len":11978,"sum_len":1814} {"bill_id":"110_s92","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n (a) Short Title.--This Act may be cited as the ``Protecting \nConsumer Phone Records Act''.\n (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Unauthorized acquisition, use, or sale of confidential customer \n proprietary network telephone information.\nSec. 3. Enhanced confidentiality procedures.\nSec. 4. Penalties; extension of confidentiality requirements to other \n entities.\nSec. 5. Enforcement by Federal Trade Commission.\nSec. 6. Concurrent enforcement by Federal Communications Commission.\nSec. 7. Enforcement by States.\nSec. 8. Preemption of State law.\nSec. 9. Consumer outreach and education.\n\nSEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER \n PROPRIETARY NETWORK TELEPHONE INFORMATION.\n\n (a) In General.--It is unlawful for any person--\n (1) to acquire or use the customer proprietary network \n information of another person without that person's affirmative \n written consent, which shall include electronic consent that \n meets the requirements of the Electronic Signatures in Global \n and National Commerce Act (15 U.S.C. 7001 et seq.);\n (2) to misrepresent that another person has consented to \n the acquisition or use of such other person's customer \n proprietary network information in order to acquire such \n information;\n (3) to obtain unauthorized access to the data processing \n system or records of a telecommunications carrier or an IP-\n enabled voice service provider in order to acquire the customer \n proprietary network information of 1 or more other persons;\n (4) to sell, or offer for sale, customer proprietary \n network information; or\n (5) to request that another person obtain customer \n proprietary network information from a telecommunications \n carrier or IP-enabled voice service provider, knowing that the \n other person will obtain the information from such carrier or \n provider in any manner that is unlawful under this subsection.\n (b) Exceptions.--\n (1) Application with section 222 of communications act of \n 1934.--Subsection (a) does not prohibit a telecommunications \n carrier or an IP-enabled voice service provider or any third \n party that lawfully obtains customer proprietary network \n information from a carrier or provider from engaging in any act \n or practice that was not prohibited by section 222 of the \n Communications Act of 1934 (47 U.S.C. 222) or regulations that \n are consistent with the provisions of section 222, as that \n section and those regulations were in effect on the day before \n the date of enactment of this Act.\n (2) Application of other laws.--This Act does not prohibit \n any act or practice otherwise authorized by law, including any \n lawfully authorized investigative, protective, or intelligence \n activity of a law enforcement agency or the United States, a \n State, or a political subdivision of a State, or an \n intelligence agency of the United States.\n (3) Treatment of ip-enabled voice service providers.--\n Notwithstanding any other provision of this section, an IP-\n enabled voice service provider may engage in any act or \n practice with respect to customer proprietary network \n information in which a telecommunications carrier may engage \n under paragraph (1) of this subsection.\n (4) Caller id.--Nothing in this Act prohibits the use of \n caller identification services by any person to identify the \n originator of telephone calls received by that person.\n (c) Private Right of Action for Providers.--\n (1) In general.--A telecommunications carrier or IP-enabled \n voice service provider may bring a civil action in an \n appropriate State court, or in any United States district court \n that meets applicable requirements relating to venue under \n section 1391 of title 28, United States Code, or for any \n judicial district in which the carrier or service provider \n resides or conducts business--\n (A) based on a violation of this section or the \n regulations prescribed under this section to enjoin \n such violation;\n (B) to recover for actual monetary loss from such a \n violation, or to receive $11,000 in damages for each \n such violation, whichever is greater; or\n (C) both.\n (2) Treble damages.--If the court finds that the defendant \n willfully or knowingly violated this section or the regulations \n prescribed under this section, the court may, in its \n discretion, increase the amount of the award to an amount equal \n to not more than 3 times the amount available under paragraph \n (1) of this subsection.\n (3) Inflation adjustment.--The $11,000 amount in paragraph \n (1)(B) shall be adjusted for inflation as if it were a civil \n monetary penalty, as defined in section 3(2) of the Federal \n Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. \n 2461 note).\n (d) Private Right of Action for Consumers.--\n (1) In general.--An individual who has been injured as a \n direct result of his or her confidential proprietary network \n information being obtained, used, or sold in violation of this \n section may file a civil action in any court of competent \n jurisdiction against the person who caused the injury by \n violating this section.\n (2) Remedies.--A court in which such civil action has been \n brought may award damages of not more than $11,000 for each \n violation of this section with respect to the plaintiff's \n customer proprietary network information.\n (3) Treble damages.--If the court finds that the defendant \n willfully or knowingly violated this section or the regulations \n prescribed under this section, the court may, in its \n discretion, increase the amount of the award to not more than 3 \n times the damages determined by the court under paragraph (2).\n (4) Inflation adjustment.--The $11,000 amount in paragraph \n (2) shall be adjusted for inflation as if it were a civil \n monetary penalty, as defined in section 3(2) of the Federal \n Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. \n 2461 note).\n (e) Civil Penalty.--\n (1) In general.--Any person who violates this section shall \n be subject to a civil penalty of not more than $11,000 for each \n violation or each day of a continuing violation, except that \n the amount assessed for any continuing violation shall not \n exceed a total of $11,000,000 for any single act or failure to \n act.\n (2) Separate violations.--A violation of this section with \n respect to the customer proprietary network information of 1 \n person shall be treated as a separate violation from a \n violation with respect to the customer proprietary network \n information of any other person.\n (f) Limitation.--Nothing in this Act or section 222 of the \nCommunications Act of 1934 (47 U.S.C. 222) authorizes a customer to \nbring a civil action against a telecommunications carrier or an IP-\nenabled voice service provider.\n (g) Definitions.--In this section:\n (1) Customer proprietary network information.--The term \n ``customer proprietary network information'' has the meaning \n given that term by--\n (A) section 222(i)(1) of the Communications Act of \n 1934 (47 U.S.C. 222(i)(1)) with respect to \n telecommunications carriers; and\n (B) section 715(b)(1) of such Act with respect to \n IP-enabled voice service providers.\n (2) IP-enabled voice service.--The term ``IP-enabled voice \n service'' means the provision of real-time 2-way voice \n communications offered to the public, or such classes of users \n as to be effectively available to the public, transmitted \n through customer premises equipment using TCP\/IP protocol, or a \n successor protocol, for a fee (whether part of a bundle of \n services or separately) with interconnection capability such \n that the service can originate traffic to, or terminate traffic \n from, the public switched telephone network.\n (3) Telecommunications carrier.--The term \n ``telecommunications carrier'' has the meaning given it by \n section 3(44) of the Communications Act of 1934 (47 U.S.C. \n 3(44)).\n\nSEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.\n\n (a) In General.--Within 180 days after the date of enactment of \nthis Act, the Federal Communications Commission shall--\n (1) revise or supplement its regulations, to the extent the \n Commission determines it is necessary, to require a \n telecommunications carrier or IP-enabled voice service provider \n to protect--\n (A) the security and confidentiality of customer \n proprietary network information (as defined in section \n 222(i)(1) of the Communications Act of 1934 (47 U.S.C. \n 222(i)(1)) or as defined in section 715(b)(1) of such \n Act with respect to IP-enabled voice service \n providers);\n (B) customer proprietary network information \n against any anticipated threats or hazards to its \n security or confidentiality; and\n (C) customer proprietary network information from \n unauthorized access or use that could result in \n substantial harm or inconvenience to its customers; and\n (2) ensure that any revised or supplemental regulations are \n similar in scope and structure to the Federal Trade \n Commission's regulations in part 314 of title 16, Code of \n Federal Regulations, as such regulations are in effect on the \n date of enactment of this Act, taking into consideration the \n differences between financial information and customer \n proprietary network information.\n (b) Compliance Certification.--Each telecommunications carrier and \nIP-enabled voice service provider to which the regulations under \nsubsection (a) and section 222 or 715 of the Communications Act of 1934 \napply shall file with the Commission annually a certification that, for \nthe period covered by the filing, it has been in compliance with those \nrequirements.\n\nSEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER \n ENTITIES.\n\n (a) Penalties.--Title V of the Communications Act of 1934 (47 \nU.S.C. 501 et seq.) is amended by inserting after section 508 the \nfollowing:\n\n``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK \n INFORMATION VIOLATIONS.\n\n ``(a) Civil Forfeiture.--\n ``(1) In general.--Any person determined by the Commission, \n in accordance with paragraphs (3) and (4) of section 503(b), to \n have violated section 2 of the Protecting Consumer Phone \n Records Act shall be liable to the United States for a \n forfeiture penalty. A forfeiture penalty under this subsection \n shall be in addition to any other penalty provided for by this \n Act. The amount of the forfeiture penalty determined under this \n subsection shall not exceed $30,000 for each violation, or 3 \n times that amount for each day of a continuing violation, \n except that the amount assessed for any continuing violation \n shall not exceed a total of $3,000,000 for any single act or \n failure to act.\n ``(2) Recovery.--Any forfeiture penalty determined under \n paragraph (1) shall be recoverable pursuant to section 504(a) \n of this Act.\n ``(3) Procedure.--No forfeiture liability shall be \n determined under paragraph (1) against any person unless such \n person receives the notice required by section 503(b)(3) or \n section 503(b)(4) of this Act.\n ``(4) 2-year statute of limitations.--No forfeiture penalty \n shall be determined or imposed against any person under \n paragraph (1) if the violation charged occurred more than 2 \n years prior to the date of issuance of the required notice or \n notice or apparent liability.''.\n (b) Extension of Confidentiality Requirements to IP-Enabled Voice \nService Providers.--\n (1) In general.--Title VII of the Communications Act of \n 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end \n thereof the following:\n\n``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY \n IP-ENABLED VOICE SERVICE PROVIDERS.\n\n ``(a) In General.--\n ``(1) General duty of confidentiality.--An IP-enabled voice \n service provider has a duty to protect the confidentiality of \n proprietary information of, and relating to, other IP-enabled \n voice service providers, telecommunications carriers, equipment \n manufacturers, and customers, including telecommunications \n carriers reselling telecommunications services provided by \n another telecommunications carrier or an IP-enabled voice \n service provider.\n ``(2) Carrier information.--An IP-enabled voice service \n provider that receives or obtains proprietary information from \n a telecommunications carrier or another IP-enabled voice \n service provider for purposes of providing any \n telecommunications service shall use such information only for \n such purpose, and shall not use such information for its own \n marketing efforts.\n ``(3) Customer proprietary network information.--Within 90 \n days after the date of enactment of the Protecting Consumer \n Phone Records Act, the Commission shall initiate a rulemaking \n proceeding to apply the requirements of section 222, and \n regulations thereunder, to IP-enabled voice service providers \n to the same extent, in the same manner, and subject to the same \n penalties for failure to comply with those requirements as are \n applicable to telecommunications carriers.\n ``(b) Definitions.--In this section:\n ``(1) Customer proprietary network information.--The term \n `customer proprietary network information' has the meaning \n given that term by section 222(i) of this Act, except that--\n ``(A) the reference in section 222(i)(1)(B) of this \n Act to telephone exchange service or telephone toll \n service shall be considered to refer also to IP-enabled \n voice service; and\n ``(B) it does not include information that is \n related to non-voice service features bundled with IP-\n enabled voice service.\n ``(2) IP-enabled voice service.--The term ``IP-enabled \n voice service'' means the provision of real-time 2-way voice \n communications offered to the public, or such classes of users \n as to be effectively available to the public, transmitted \n through customer premises equipment using IP protocol, or a \n successor protocol, for a fee (whether part of a bundle of \n services or separately) with interconnection capability such \n that the service can originate traffic to, or terminate traffic \n from, the public switched telephone network.\n ``(3) Other terms.--Except as provided in paragraph (1), \n any term used in subsection (a) that is defined or used in \n section 222 of this Act has the same meaning as when used in \n that section.''.\n (2) Duty of telecommunications carriers with respect to \n cpni from ip-enabled voice service providers.--Section 222(a) \n of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended \n by inserting after ``carrier.'' the following: ``A \n telecommunications carrier has the same duties under this \n section with respect to the confidentiality of proprietary \n information of, or relating to, an IP-enabled voice service \n provider, and with respect to customer proprietary network \n information received or obtained from an IP-enabled voice \n service provider, as it has under this section with respect to \n another telecommunications carrier.''.\n (c) Telecommunications Carrier Notification Requirement.--Section \n222 of the Communications Act of 1934 (47 U.S.C. 222), is amended--\n (1) by redesignating subsection (h) as subsection (i);\n (2) by inserting after subsection (g) the following new \n subsection:\n ``(h) Notice of Violations.--\n ``(1) In general.--The Commission shall by regulation \n require each telecommunications carrier to notify a customer \n within 14 calendar days after the carrier or provider is \n notified of, or becomes aware of, an incident in which customer \n proprietary network information relating to such customer was \n disclosed to someone other than the customer in violation of \n this section or section 2 of the Protecting Consumer Phone \n Records Act.\n ``(2) Law enforcement and homeland security related \n delays.--Notwithstanding paragraph (1), a telecommunications \n carrier may delay the required notification for a reasonable \n period of time if--\n ``(A) a Federal or State law enforcement agency \n determines that giving notice within the 14-day period \n would materially impede a civil or criminal \n investigation; or\n ``(B) a Federal national security agency or the \n Department of Homeland Security determines that giv","summary":"Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent. (2) represent that another person has consented in order to acquire such information. (3) obtain unauthorized access to certain systems or records in order to acquire such information, (4) sell or offer for sale such information. Or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information.","title":"A bill to amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, and for other purposes.","text_len":18585,"sum_len":1644} {"bill_id":"114_hr1073","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Critical Infrastructure Protection \nAct'' or the ``CIPA''.\n\nSEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND \n PREPAREDNESS.\n\n (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) \nis amended--\n (1) in section 2 (6 U.S.C. 101), by inserting after \n paragraph (6) the following:\n ``(6a) EMP.--The term `EMP' means--\n ``(A) an electromagnetic pulse caused by \n intentional means, including acts of terrorism; and\n ``(B) a geomagnetic disturbance caused by solar \n storms or other naturally occurring phenomena.'';\n (2) in title V (6 U.S.C. 311 et seq.), by adding at the end \n the following:\n\n``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION.\n\n ``The Secretary, or the Secretary's designee, shall, to the extent \npracticable--\n ``(1) include in national planning frameworks the threat of \n EMP events; and\n ``(2) conduct outreach to educate owners and operators of \n critical infrastructure, emergency planners, and emergency \n response providers at all levels of government of the threat of \n EMP events.'';\n (3) in title III (6 U.S.C. 181 et seq.), by adding at the \n end of the following:\n\n``SEC. 318. EMP RESEARCH AND DEVELOPMENT.\n\n ``(a) In General.--In furtherance of domestic preparedness and \nresponse, the Secretary, acting through the Under Secretary for Science \nand Technology, and in consultation with other relevant agencies and \ndepartments of the Federal Government and relevant owners and operators \nof critical infrastructure, shall, to the extent practicable, conduct \nresearch and development to mitigate the consequences of EMP events.\n ``(b) Scope.--The scope of the research and development under \nsubsection (a) shall include the following:\n ``(1) An objective scientific analysis of the risks to \n critical infrastructures from a range of EMP events.\n ``(2) Determination of the critical national security \n assets and vital civic utilities and infrastructures that are \n at risk from EMP events.\n ``(3) An evaluation of emergency planning and response \n technologies that would address the findings and \n recommendations of experts, including those of the Commission \n to Assess the Threat to the United States from Electromagnetic \n Pulse Attack.\n ``(4) An analysis of technology options that are available \n to improve the resiliency of critical infrastructure to EMP.\n ``(5) The restoration and recovery capabilities of critical \n infrastructure under differing levels of damage and disruption \n from various EMP events.''; and\n (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the \n end the following:\n ``(26)(A) Prepare and submit to the Committee on Homeland \n Security of the House of Representatives and the Committee on \n Homeland Security and Governmental Affairs of the Senate--\n ``(i) a recommended strategy to protect and prepare \n the critical infrastructure of the American homeland \n against EMP events, including from acts of terrorism; \n and\n ``(ii) biennial updates on the status of the \n recommended strategy.\n ``(B) The recommended strategy shall--\n ``(i) be based on findings of the research and \n development conducted under section 318;\n ``(ii) be developed in consultation with the \n relevant Federal sector-specific agencies (as defined \n under Homeland Security Presidential Directive-7) for \n critical infrastructures;\n ``(iii) be developed in consultation with the \n relevant sector coordinating councils for critical \n infrastructures; and\n ``(iv) include a classified annex as needed.\n ``(C) The Secretary may, if appropriate, incorporate the \n recommended strategy into a broader recommendation developed by \n the Department to help protect and prepare critical \n infrastructure from terrorism and other threats if, as \n incorporated, the strategy complies with subparagraph (B).''.\n (b) Clerical Amendments.--The table of contents in section 1(b) of \nsuch Act is amended--\n (1) by adding at the end of the items relating to title V \n the following:\n\n``Sec. 526. National planning frameworks and education.'';\n and\n (2) by adding at the end of the items relating to title III \n the following:\n\n``Sec. 318. EMP research and development.''.\n (c) Deadline for Recommended Strategy.--The Secretary of Homeland \nSecurity shall submit the recommended strategy required under the \namendment made by subsection (a)(4) by not later than 1 year after the \ndate of the enactment of this Act.\n (d) Report.--The Secretary shall submit a report to Congress by not \nlater than 180 days after the date of the enactment of this Act \ndescribing the progress made in, and an estimated date by which the \nDepartment of Homeland Security will have completed--\n (1) including EMP (as defined in the amendment made by \n subsection (a)(1)) threats in national planning frameworks;\n (2) research and development described in the amendment \n made by subsection (a)(3);\n (3) development of the comprehensive plan required under \n the amendment made by subsection (a)(4); and\n (4) outreach to educate owners and operators of critical \n infrastructure, emergency planners, and emergency response \n providers at all levels of government regarding the threat of \n EMP events.\n\nSEC. 3. NO REGULATORY AUTHORITY.\n\n Nothing in this Act, including the amendments made by this Act, \nshall be construed to grant any regulatory authority.\n\nSEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.\n\n This Act, including the amendments made by this Act, may be carried \nout only by using funds appropriated under the authority of other laws.\n\n Passed the House of Representatives November 16, 2015.\n\n Attest:\n\n KAREN L. HAAS,\n\n Clerk.","summary":"This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA Amends the Homeland Security Act of 2002 to define quot, EMPquot. To mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism. And (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events. And (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP. And (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act.","title":"CIPA","text_len":6610,"sum_len":2031} {"bill_id":"103_hr3505","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Developmental Disabilities \nAssistance and Bill of Rights Act Amendments of 1993''.\n\nSEC. 2. TITLE AND PART HEADINGS.\n\n (a) Title.--The heading of title I of the Developmental \nDisabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) \nis amended to read as follows:\n\n ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.\n\n (b) Part.--The heading of part A of title I of the Developmental \nDisabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) \nis amended to read as follows:\n\n ``PART A--GENERAL PROVISIONS''.\n\nSEC. 3. FINDINGS AND PURPOSES.\n\n Section 101 of the Developmental Disabilities Assistance and Bill \nof Rights Act (42 U.S.C. 6000) is amended to read as follows:\n\n``SEC. 101. FINDINGS, PURPOSES, AND POLICY.\n\n ``(a) Findings.--The Congress finds that--\n ``(1) in 1993 there are more than 3,000,000 individuals \n with developmental disabilities in the United States;\n ``(2) disability is a natural part of the human experience \n that does not diminish the right of individuals with \n developmental disabilities to enjoy the opportunity to live \n independently, enjoy self-determination, make choices, \n contribute to society, and experience full integration and \n inclusion in the economic, political, social, cultural, and \n educational mainstream of American society;\n ``(3) individuals with developmental disabilities \n continually encounter various forms of discrimination in \n critical areas;\n ``(4) there is a lack of public awareness of the \n capabilities and competencies of individuals with developmental \n disabilities;\n ``(5) individuals whose disabilities occur during their \n developmental period frequently have severe disabilities that \n are likely to continue indefinitely;\n ``(6) individuals with developmental disabilities often \n require lifelong specialized services and assistance, provided \n in a coordinated and culturally competent manner by many \n agencies, professionals, advocates, community representatives, \n and others to eliminate barriers and to meet the needs of such \n individuals and their families;\n ``(7) a substantial portion of individuals with \n developmental disabilities and their families do not have \n access to appropriate support and services from generic and \n specialized service systems and remain unserved or underserved;\n ``(8) family members, friends, and members of the community \n can play an important role in enhancing the lives of \n individuals with developmental disabilities, especially when \n the family and community are provided with the necessary \n services and supports; and\n ``(9) the goals of the Nation properly include the goal of \n providing individuals with developmental disabilities with the \n opportunities and support to--\n ``(A) make informed choices and decisions;\n ``(B) live in homes and communities in which such \n individuals can exercise their full rights and \n responsibilities as citizens;\n ``(C) pursue meaningful and productive lives;\n ``(D) contribute to their family, community, State, \n and Nation;\n ``(E) have interdependent friendships and \n relationships with others; and\n ``(F) achieve full integration and inclusion in \n society;\n in an individualized manner, consistent with unique strengths, \n resources, priorities, concerns, abilities and capabilities of \n each individual.\n ``(b) Purpose.--The purpose of this Act is to assure that \nindividuals with developmental disabilities and their families have \naccess to culturally competent services, supports, and other assistance \nand opportunities that promote independence, productivity, and \nintegration and inclusion into the community, through--\n ``(1) support to State Developmental Disabilities Councils \n in each State to promote, through systemic change, capacity \n building, and advocacy (consistent with section 101(c)(2)), a \n consumer and family-centered, comprehensive system, and a \n coordinated array of services, supports, and other assistance \n for individuals with developmental disabilities and their \n families;\n ``(2) support to protection and advocacy systems in each \n State to protect the legal and human rights of individuals with \n developmental disabilities;\n ``(3) support to university affiliated programs to provide \n interdisciplinary preservice preparation of students and \n fellows, community service activities, and the dissemination of \n information and research findings; and\n ``(4) support to national initiatives to collect necessary \n data, provide technical assistance to State Developmental \n Disabilities Councils, protection, and advocacy systems and \n university affiliated programs, and support other nationally \n significant activities.\n ``(c) Policy.--It is the policy of the United States that all \nprograms, projects, and activities receiving assistance under this Act \nshall be carried out in a manner consistent with the principles that--\n ``(1) individuals with developmental disabilities, \n including those with the most severe developmental \n disabilities, are capable of achieving independence, \n productivity, and integration and inclusion into the community, \n and the provision of services, supports and other assistance \n can improve such individuals' ability to achieve independence, \n productivity, and integration and inclusion;\n ``(2) individuals with developmental disabilities and their \n families have competencies, capabilities and personal goals \n that should be recognized, supported, and encouraged and any \n assistance should be provided in an individualized manner, \n consistent with the unique strengths, resources, priorities, \n concerns, abilities, and capabilities of the individual;\n ``(3) individuals with developmental disabilities and their \n families are the primary decisionmakers regarding the services \n and supports such individuals and their families receive and \n play decisionmaking roles in policies and programs that affect \n the lives of such individuals and their families;\n ``(4) services, supports, and other assistance are provided \n in a manner that demonstrates respect for individual dignity, \n personal preferences, and cultural differences;\n ``(5) communities accept and support individuals with \n developmental disabilities and are enriched by the full and \n active participation and the contributions by individuals with \n developmental disabilities and their families; and\n ``(6) individuals with developmental disabilities have \n opportunities and the necessary support to be included in \n community life, have interdependent relationships, live in \n homes and communities, and make contributions to their \n families, community, State, and Nation.''.\n\nSEC. 4. TECHNICAL AMENDMENTS.\n\n (a) Protection and Advocacy of the Rights of Individuals With \nDevelopmental Disabilities.--The heading of part C of title I of the \nDevelopmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. \n6041 et seq.) is amended to read as follows:\n\n ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH \n DEVELOPMENTAL DISABILITIES''.\n\n (b) System Required.--Section 142 of the Developmental Disabilities \nAssistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding \nat the end the following subsection:\n ``(i) Public Notice of Federal Onsite Review.--The Secretary shall \nprovide advance public notice of any Federal programmatic and \nadministrative review and solicit public comment on the system funded \nunder this part through such notice. The findings of the public comment \nsolicitation notice shall be included in the onsite visit report. The \nresults of such reviews shall be distributed to the Governor of the \nState and to other interested public and private parties.''.\n (c) Definition Regarding University Affiliated Programs.--The \nDevelopmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. \n6000 et seq.) is amended--\n (1) in section 102(1)--\n (A) by inserting ``, except as provided in section \n 155,'' before ``includes''; and\n (B) by inserting ``the Commonwealth of'' before \n ``Puerto Rico''; and\n (2) by adding at the end of part D the following section:\n\n``SEC. 155. DEFINITION.\n\n ``For purposes of this part, the term `State' means each of the \nseveral States, the District of Columbia, the Commonwealth of Puerto \nRico, the Virgin Islands, and Guam.''.\n\nSEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.\n\n (a) Planning of Priority Area Activities.--Section 130 of the \nDevelopmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. \n6030) is amended by striking ``$77,400,000'' and all that follows and \ninserting the following: ``$70,000,000 for fiscal year 1994, and such \nsums as may be necessary for each of the fiscal years 1995 and 1996.''.\n (b) Protection and Advocacy of Individual Rights.--Section 143 of \nthe Developmental Disabilities Assistance and Bill of Rights Act (42 \nU.S.C. 6043) is amended by striking ``$24,200,000'' and all that \nfollows and inserting the following: ``$24,000,000 for fiscal year \n1994, and such sums as may be necessary for each of the fiscal years \n1995 and 1996.''.\n (c) University Affiliated Program.--Section 154 of the \nDevelopmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. \n6064) is amended to read as follows:\n\n``SEC. 154. AUTHORIZATION OF APPROPRIATIONS.\n\n ``For the purpose of making grants under subsections (a) through \n(e) of section 152, there are authorized to be appropriated $19,000,000 \nfor fiscal year 1994, and such sums as may be necessary for each of the \nfiscal years 1995 and 1996.''.\n (d) Projects of National Significance.--Section 163(a) of the \nDevelopmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. \n6083(a)) is amended by striking ``$3,650,000'' and all that follows and \ninserting the following: ``$4,000,000 for fiscal year 1994, and such \nsums as may be necessary for each of the fiscal years 1995 and 1996.''.","summary":"Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy. Requires: (1) advance public notice of any Federal programmatic and administrative review. (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities. (3) inclusion of the comment findings in the onsite visit report. And (4) distribution of the review results. Removes from the definition of State, as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance.","title":"Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993","text_len":10991,"sum_len":1007} {"bill_id":"105_s404","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Highway Trust Fund Integrity Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n Congress finds that--\n (1)(A) the Budget Enforcement Act of 1990 split the Federal \n budgeting process into two budget categories, one for receipts \n and mandatory spending and the other for discretionary \n spending; and\n (B) each budget category has its own rules, procedures, and \n incentives;\n (2) the taxes deposited into the Highway Trust Fund are in \n the mandatory category, but most spending from the Highway \n Trust Fund is in the discretionary category;\n (3) since the Highway Trust Fund is split between the two \n budget categories, the link between Highway Trust Fund taxes \n and transportation spending is severed; and\n (4) to reestablish the link between the taxes and spending \n of the Highway Trust Fund, all the components of the Highway \n Trust Fund should be part of the same budget category and \n subject to the same budget rules and procedures.\n\nSEC. 3. DEFINITION.\n\n (a) Balanced Budget and Emergency Deficit Control Act of 1985.--\nSection 250(c) of the Balanced Budget and Emergency Deficit Control Act \nof 1985 (2 U.S.C. 900(c)) is amended by adding at the end the \nfollowing:\n ``(22) Revenue constrained fund.--The term `revenue \n constrained fund'--\n ``(A) means the budget authority, outlays, and \n receipts of the--\n ``(i) the Highway Account of the Highway \n Trust Fund as established by section 9503 of \n the Internal Revenue Code of 1986;\n ``(B) shall not be--\n ``(i) considered to be part of any category \n (as defined in section 250(c)(4) of the \n Balanced Budget and Emergency Deficit Control \n Act of 1985 (2 U.S.C. 900(c)(4))) of \n discretionary appropriations; or\n ``(ii) subject to sequestration under \n section 251(a) of the Act (2 U.S.C. 901(a)); \n and\n ``(C) shall not be--\n ``(i) considered to be part of direct \n spending (as defined in section 250(c)(8) of \n the Balanced Budget and Emergency Deficit \n Control Act of 1985 (2 U.S.C. 900(c)(8))); or\n ``(ii) subject to sequestration under \n section 252(b) of the Act (2 U.S.C. 902(b)).''.\n (b) Congressional Budget Act of 1974.--Section 3 of the \nCongressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at \nthe end thereof the following:\n ``(11) Revenue constrained fund.--The term `revenue \n constrained fund' has the meaning given that term in section \n 250(c) of the Balanced Budget and Emergency Deficit Control Act \n of 1985 (2 U.S.C. 900(c)).''.\n\nSEC. 4. BUDGETARY TREATMENT.\n\n (a) In General.--Part A of title IV of the Congressional Budget Act \nof 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the \nfollowing:\n\n ``revenue constrained funds\n\n ``Sec. 408. It shall not be in order in either the House of \nRepresentatives or the Senate to consider any bill, joint resolution, \namendment, motion, conference report, or other measure if the effect of \nthe measure would have the effect of increasing any specific new budget \nauthority for a fiscal year for a revenue constrained fund above the \namount made available by section 251B(b)(2) of the Balanced Budget and \nEmergency Deficit Control Act of 1985.''.\n (b) Point of Order.--Subsections (c) and (d) of section 904 of the \nCongressional Budget Act of 1974 are each amended by inserting after \n``306,'' the following: ``408,''.\n (c) Amendment to Table of Contents.--The table of contents for the \nCongressional Budget Impoundment Control Act of 1974 is amended by \nadding at the end of title IV the following:\n\n``Sec. 408. Revenue constrained funds.''.\n\nSEC. 5. SEQUESTER.\n\n (a) In General.--Part C of the Balanced Budget and Emergency \nDeficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by \ninserting after section 251A the following:\n\n``SEC. 251B. SEQUESTRATION WITH RESPECT TO REVENUE CONSTRAINED FUNDS.\n\n ``(a) Budget Authority Limits.--Amounts available from a revenue \nconstrained fund shall be reduced by the amount necessary to eliminate \nany amount by which budget authority in the budget year from the \nrevenue constrained fund exceed the amount deposited in the revenue \nconstrained fund in the previous fiscal year.\n ``(b) Amount Available.--\n ``(1) Initial estimate.--\n ``(A) In general.--On October 1 of each year OMB \n shall estimate the total amount of revenues deposited \n into each revenue constrained fund during the previous \n fiscal year.\n ``(B) Initial amount available.--An amount equal to \n 40 percent of the total amount of revenues is estimated \n to be deposited in a revenue constrained fund under \n subparagraph (A) shall be available for obligation in \n the budget year on the date of the estimate under \n subparagraph (A).\n ``(2) Final estimate.--\n ``(A) In general.--On December 15 of each year OMB \n shall determine the total amount of revenues deposited \n into each revenue constrained fund during the previous \n fiscal year.\n ``(B) Amount available.--An amount equal to the \n total amount of revenues determined to be deposited in \n a revenue constrained fund under subparagraph (A)--\n ``(i) shall be the total amount available \n for obligation in the budget year on the date \n of the determination under subparagraph (A); \n and\n ``(ii) shall replace the amount made \n available under paragraph (1).\n ``(c) Look-Back.--If--\n ``(1) an appropriation for the fiscal year in progress is \n enacted that causes a budgetary excess in a revenue constrained \n fund as described in subsection (a) for that year; or\n ``(2) errors in the determination made pursuant to \n subsection (b)(2) cause a budgetary excess in a revenue \n constrained fund for the fiscal year in progress;\nthe level set forth in subsection (b)(2) for the next fiscal year shall \nbe reduced by the amount of that excess.''.\n (b) Amendment to Table of Contents.--The table of contents for the \nBalanced Budget and Emergency Deficit Control Act of 1985 is amended by \nadding after the item for section 251A the following:\n\n``Sec. 251B. Sequestration with respect to revenue constrained \n funds.''.\n\nSEC. 5. BUDGETARY IMPACT.\n\n (a) Findings and Purpose.--\n (1) Findings.--The Congress finds that--\n (A) the United States has substantial surface \n transportation and infrastructure needs; and\n (B) this Act will result in additional spending \n from the Highway Account of the Highway Trust Fund to \n help address these substantial needs.\n (2) Purpose.--The purpose of this section is to clarify \n that any budgetary offset necessary because of the additional \n spending provided by this Act should not come from surface \n transportation programs.\n (b) Sequestration.--The budgetary impact of the amendments made by \nthis Act shall not be considered for purposes of sequestration under \nsections 251 or 252 of the Balanced Budget and Emergency Deficit \nControl Act of 1985 (2 U.S.C. 901, 902).\n (c) Discretionary Spending Limitations.--OMB shall reduce \ndiscretionary spending limits for budget authority and outlays in \naccordance with the Balanced Budget and Emergency Deficit Control Act \nof 1985 for each applicable fiscal year set forth in section \n601(a)(2)--\n (1) for budget authority, by an amount equal to the total \n amount of discretionary budget authority provided from the \n Highway Account of the Highway Trust Fund in the Department of \n Transportation and Related Agencies Appropriations Act, 1997; \n and\n (2) for outlays, by an amount equal to an estimate of the \n amount of discretionary outlays that would be expended from the \n Highway Account of the Highway Trust Fund assuming that the \n total amount of new budget authority and obligation authority \n from the Highway Account of the Highway Trust Fund equaled the \n amounts of new budget authority and obligation authority \n provided from the Highway Account of the Highway Trust Fund in \n the Department of Transportation and Related Agencies \n Appropriations Act, 1997.\n\nSEC. 6. STUDY TO ENSURE THAT THE HIGHWAY TRUST FUND IS DEFICIT NEUTRAL.\n\n (a) Findings.--The Congress finds the following:\n (1) It is the policy of the United States Government that \n the Highway Trust Fund should not contribute to or reduce the \n Federal Government's annual budget deficit.\n (2) Under current budgetary scorekeeping conventions used \n by both the Congressional Budget Office and the Office of \n Management and Budget, increases in Highway Trust Fund revenue \n generated by tax increases are partially offset by a reduction \n in other Federal revenues that is equal to 25 percent of the \n increase in Highway Trust Fund revenue.\n (3) This 25 percent offset is a scorekeeping convention \n that applies to all excise taxes, and is not uniquely applied \n to Highway Trust Fund taxes.\n (4) An up-to-date examination of how this offset should be \n applied to Highway Trust Fund taxes is needed.\n (b) Report.--\n (1) In general.--Not later than 24 months after the date of \n enactment of this Act, the Secretary of Treasury, in \n consultation with the Director of the Office of Management and \n Budget, shall submit a report to Congress on ensuring the \n deficit neutrality of the Highway Trust Fund.\n (2) Contents.--In the report, the Secretary shall--\n (A) determine the extent to which each of the taxes \n deposited into the Highway Trust Fund is a deductible \n expense from other Federal taxes;\n (B) provide an estimate of the amount of Highway \n Trust Fund taxes that were deducted from Federal income \n taxes or other taxes;\n (C) provide an estimate of the annual revenue loss \n because Highway Trust Fund taxes are deductible from \n other Federal taxes;\n (D) determine the appropriate scorekeeping \n convention that should apply to Highway Trust Fund \n taxes, or if needed, separately to each of the taxes \n now deposited into the Highway Trust Fund; and\n (E) provide the Congress with policy options that \n would ensure that changes to the Highway Trust Fund \n taxes do not contribute to the deficit.","summary":"Highway Trust Fund Integrity Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to define revenue constrained fund (fund) as the budget authority, outlays, and receipts of the Highway Account of the Highway Trust Fund. States that such fund shall not be: (1) considered part of any discretionary funding category or part of direct spending. Or (2) subject to sequestration. Amends the Congressional Budget Act of 1974 to prohibit any House of Representatives or Senate measure that would increase fiscal year budget authority for a fund above an amount made available under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to reduce available fund amounts so as not to exceed the previous year's deposited fund amounts. States that any budgetary offset necessary because of additional spending provided by this Act should not come from surface transportation programs. Directs the Secretary of the Treasury to report on ensuring the deficit neutrality of the Highway Trust Fund.","title":"Highway Trust Fund Integrity Act of 1997","text_len":11776,"sum_len":1134} {"bill_id":"114_hr1951","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Offshore Fracking Transparency and \nReview Act of 2015''.\n\nSEC. 2. MORATORIUM ON OFFSHORE FRACTURING AND ACID WELL STIMULATION \n TREATMENT.\n\n Notwithstanding the terms of any lease or permit issued before the \ndate of the enactment of this Act, no person may engage in hydraulic \nfracturing or acid well stimulation treatment in the Pacific Outer \nContinental Shelf Region until the Secretary of the Interior has \npublished a report under section 3 and issued a final environmental \nimpact statement under section 4.\n\nSEC. 3. STUDY OF CONDUCT AND IMPACTS OF HYDRAULIC FRACTURING AND ACID \n WELL STIMULATION IN THE PACIFIC OCS REGION.\n\n (a) In General.--To ensure the relevant agencies' data incorporate \nthe latest science and practices of the oil and gas industry, the \nSecretary of the Interior shall conduct a study of the conduct and \nimpacts of hydraulic fracturing and acid well stimulation treatments in \nthe Pacific Outer Continental Shelf Region.\n (b) Included Topics.--The study shall include, but shall not be \nlimited to--\n (1) preparation of a descriptive inventory of all chemicals \n used in offshore oil and gas development and production \n activities in the Pacific Outer Continental Shelf Region, \n including chemicals used in hydraulic fracturing and acid well \n stimulation treatments;\n (2) the volumes of chemicals used and disposed of in such \n activities;\n (3) the risks of a spill of such chemicals;\n (4) an analysis of the methods by which such chemicals \n enter the environment during hydraulic fracturing and acid well \n stimulation treatments;\n (5) a quantification, to the extent possible, of the amount \n of such chemicals that enter the environment during hydraulic \n fracturing and acid well stimulation treatments; and\n (6) any other related matters the Secretary determines \n necessary.\n (c) Report.--Not later than 18 months after the date of the \nenactment of this Act, the Secretary shall submit to Congress and \npublish a report on the study conducted under this section.\n\nSEC. 4. ENVIRONMENTAL IMPACT STATEMENT.\n\n Not later than 18 months after the issuance of the report under \nsection 3, the Secretary of the Interior shall, in coordination with \nthe Environmental Protection Agency and in consultation with \nappropriate State agencies, issue an environmental impact statement \nunder section 102 of the National Environmental Policy Act of 1969 (42 \nU.S.C. 4332) regarding the impacts on the marine environment and public \nhealth of offshore hydraulic fracturing and acid well stimulation \ntreatments conducted in the Pacific Outer Continental Shelf Region.\n\nSEC. 5. PUBLIC NOTICE.\n\n The Secretary shall notify all relevant State and local regulatory \nagencies and publish a notice in the Federal Register--\n (1) within 30 days after receiving any application for a \n permit that would allow the conduct of offshore hydraulic \n fracturing or an acid well stimulation treatment in the Pacific \n Outer Continental Shelf Region; and\n (2) within 30 days after the conduct of offshore hydraulic \n fracturing or acid well stimulation treatment in such region \n under a permit or other authorization issued by the Secretary.\n\nSEC. 6. COMPILATION AND DISCLOSURE OF ACTIVITIES.\n\n (a) In General.--The Secretary of the Interior shall compile and \nmaintain a list of all offshore hydraulic fracturing and acid well \nstimulation treatments that have taken place, or that take place after \nthe enactment of this Act, in the Pacific Outer Continental Shelf \nRegion.\n (b) Included Information.--For each instance of offshore hydraulic \nfracturing or an acid well stimulation treatment, the Secretary shall \ninclude on the list--\n (1) the date the offshore hydraulic fracturing or acid well \n stimulation treatment was conducted;\n (2) the location where the offshore hydraulic fracturing or \n acid well stimulation treatment was conducted;\n (3) the chemicals used, including identification of the \n chemical constituents of mixtures, Chemical Abstracts Service \n numbers for each chemical and constituent, material safety data \n sheets if available, and the amount of each chemical used;\n (4) the total volume of fluid used in the hydraulic \n fracturing or acid well stimulation treatment;\n (5) the volume of wastewater generated during the hydraulic \n fracturing or acid well stimulation treatment and the manner in \n which it was disposed of; and\n (6) the intended purpose and results of the offshore \n hydraulic fracturing or acid well stimulation treatments.\n (c) Unavailable Information.--If any information listed in \nsubsection (b) is not available for a given instance of offshore \nhydraulic fracturing or acid well stimulation treatment, the Secretary \nshall note the absence of the information and provide an explanation of \nwhy the information is not available.\n (d) Public Availability.--The Secretary shall make the list created \nunder subsection (b) available to the public, including by publishing \nit on the Internet site of the Department of the Interior.\n\nSEC. 7. DEFINITIONS.\n\n In this Act:\n (1) Hydraulic fracturing.--The term ``hydraulic \n fracturing'' means an operation conducted in an individual \n wellbore designed to increase the flow of hydrocarbons from a \n rock formation to the wellbore through modifying the \n permeability of reservoir rock by fracturing it, except that \n such term does not include enhanced secondary recovery, \n including water flooding, tertiary recovery, and other types of \n well stimulation operations.\n (2) Acid well stimulation treatment.--The term ``acid well \n stimulation treatment''--\n (A) means a well stimulation treatment that uses, \n in whole or in part, the application of one or more \n acids to the well or underground geologic formation; \n and\n (B) includes--\n (i) such stimulation treatment at any \n applied pressure or in combination with \n hydraulic fracturing treatments or other well \n stimulation treatments;\n (ii) acid treatments conducted at pressures \n lower than the applied pressure necessary to \n fracture the underground geologic formation \n (commonly referred to as acid matrix \n stimulation treatments); and\n (iii) acid fracturing treatments.","summary":"Offshore Fracking Transparency and Review Act of 2015 This bill prohibits both hydraulic fracturing and acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has: (1) reported to Congress on the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Region. And (2) issued, in coordination with the Environmental Protection Agency, a final environmental impact statement regarding the impacts upon the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in such Region. The Secretary must notify all relevant state and local regulatory agencies and publish in the Federal Register within 30 days: (1) receipt of any application for a permit that would allow either offshore hydraulic fracturing or acid well stimulation treatment in the Region. And (2) the conduct of offshore hydraulic fracturing or acid well stimulation treatment in the Region pursuant to a permit or other authorization issued by the Secretary. The Secretary shall also maintain and publicize a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place in the Region or that take place after enactment of this Act.","title":"Offshore Fracking Transparency and Review Act of 2015","text_len":6992,"sum_len":1286} {"bill_id":"107_s1206","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Appalachian Regional Development Act \nAmendments of 2002''.\n\nSEC. 2. PURPOSES.\n\n (a) This Act.--The purposes of this Act are--\n (1) to reauthorize the Appalachian Regional Development Act of \n 1965 (40 U.S.C. App.); and\n (2) to ensure that the people and businesses of the Appalachian \n region have the knowledge, skills, and access to telecommunication \n and technology services necessary to compete in the knowledge-based \n economy of the United States.\n (b) Appalachian Regional Development Act of 1965.--Section 2 of the \nAppalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended--\n (1) in subsection (b), by inserting after the third sentence \n the following: ``Consistent with the goal described in the \n preceding sentence, the Appalachian region should be able to take \n advantage of eco-industrial development, which promotes both \n employment and economic growth and the preservation of natural \n resources.''; and\n (2) in subsection (c)(2)(B)(ii), by inserting ``, including \n eco-industrial development technologies'' before the semicolon.\n\nSEC. 3. FUNCTIONS OF THE COMMISSION.\n\n Section 102(a) of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n (1) in paragraph (5), by inserting ``, and support,'' after \n ``formation of'';\n (2) in paragraph (7), by striking ``and'' at the end;\n (3) in paragraph (8), by striking the period at the end and \n inserting a semicolon; and\n (4) by adding at the end the following:\n ``(9) encourage the use of eco-industrial development \n technologies and approaches; and\n ``(10) seek to coordinate the economic development activities \n of, and the use of economic development resources by, Federal \n agencies in the region.''.\n\nSEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.\n\n Section 104 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended--\n (1) by striking ``The President'' and inserting ``(a) In \n General.--The President''; and\n (2) by adding at the end the following:\n ``(b) Interagency Coordinating Council on Appalachia.--\n ``(1) Establishment.--In carrying out subsection (a), the \n President shall establish an interagency council to be known as the \n `Interagency Coordinating Council on Appalachia'.\n ``(2) Membership.--The Council shall be composed of--\n ``(A) the Federal Cochairman, who shall serve as \n Chairperson of the Council; and\n ``(B) representatives of Federal agencies that carry out \n economic development programs in the region.''.\n\nSEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.\n\n Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 202 the following:\n\n``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.\n\n ``(a) In General.--The Commission may provide technical assistance, \nmake grants, enter into contracts, or otherwise provide funds to \npersons or entities in the region for projects--\n ``(1) to increase affordable access to advanced \n telecommunications, entrepreneurship, and management technologies \n or applications in the region;\n ``(2) to provide education and training in the use of \n telecommunications and technology;\n ``(3) to develop programs to increase the readiness of industry \n groups and businesses in the region to engage in electronic \n commerce; or\n ``(4) to support entrepreneurial opportunities for businesses \n in the information technology sector.\n ``(b) Source of Funding.--\n ``(1) In general.--Assistance under this section may be \n provided--\n ``(A) exclusively from amounts made available to carry out \n this section; or\n ``(B) from amounts made available to carry out this section \n in combination with amounts made available under any other \n Federal program or from any other source.\n ``(2) Federal share requirements specified in other laws.--\n Notwithstanding any provision of law limiting the Federal share \n under any other Federal program, amounts made available to carry \n out this section may be used to increase that Federal share, as the \n Commission determines to be appropriate.\n ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 6. ENTREPRENEURSHIP INITIATIVE.\n\n Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 203 (as added by \nsection 5) the following:\n\n``SEC. 204. ENTREPRENEURSHIP INITIATIVE.\n\n ``(a) Definition of Business Incubator Service.--In this section, \nthe term `business incubator service' means a professional or technical \nservice necessary for the initiation and initial sustainment of the \noperations of a newly established business, including a service such \nas--\n ``(1) a legal service, including aid in preparing a corporate \n charter, partnership agreement, or basic contract;\n ``(2) a service in support of the protection of intellectual \n property through a patent, a trademark, or any other means;\n ``(3) a service in support of the acquisition and use of \n advanced technology, including the use of Internet services and \n Web-based services; and\n ``(4) consultation on strategic planning, marketing, or \n advertising.\n ``(b) Projects To Be Assisted.--The Commission may provide \ntechnical assistance, make grants, enter into contracts, or otherwise \nprovide funds to persons or entities in the region for projects--\n ``(1) to support the advancement of, and provide, \n entrepreneurial training and education for youths, students, and \n businesspersons;\n ``(2) to improve access to debt and equity capital by such \n means as facilitating the establishment of development venture \n capital funds;\n ``(3) to aid communities in identifying, developing, and \n implementing development strategies for various sectors of the \n economy; and\n ``(4)(A) to develop a working network of business incubators; \n and\n ``(B) to support entities that provide business incubator \n services.\n ``(c) Source of Funding.--\n ``(1) In general.--Assistance under this section may be \n provided--\n ``(A) exclusively from amounts made available to carry out \n this section; or\n ``(B) from amounts made available to carry out this section \n in combination with amounts made available under any other \n Federal program or from any other source.\n ``(2) Federal share requirements specified in other laws.--\n Notwithstanding any provision of law limiting the Federal share \n under any other Federal program, amounts made available to carry \n out this section may be used to increase that Federal share, as the \n Commission determines to be appropriate.\n ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 7. REGIONAL SKILLS PARTNERSHIPS.\n\n Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 204 (as added by \nsection 6) the following:\n\n``SEC. 205. REGIONAL SKILLS PARTNERSHIPS.\n\n ``(a) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a consortium that--\n ``(1) is established to serve 1 or more industries in a \n specified geographic area; and\n ``(2) consists of representatives of--\n ``(A) businesses (or a nonprofit organization that \n represents businesses);\n ``(B) labor organizations;\n ``(C) State and local governments; or\n ``(D) educational institutions.\n ``(b) Projects To Be Assisted.--The Commission may provide \ntechnical assistance, make grants, enter into contracts, or otherwise \nprovide funds to eligible entities in the region for projects to \nimprove the job skills of workers for a specified industry, including \nprojects for--\n ``(1) the assessment of training and job skill needs for the \n industry;\n ``(2) the development of curricula and training methods, \n including, in appropriate cases, electronic learning or technology-\n based training;\n ``(3)(A) the identification of training providers; and\n ``(B) the development of partnerships between the industry and \n educational institutions, including community colleges;\n ``(4) the development of apprenticeship programs;\n ``(5) the development of training programs for workers, \n including dislocated workers; and\n ``(6) the development of training plans for businesses.\n ``(c) Administrative Costs.--An eligible entity may use not more \nthan 10 percent of the funds made available to the eligible entity \nunder subsection (b) to pay administrative costs associated with the \nprojects described in subsection (b).\n ``(d) Source of Funding.--\n ``(1) In general.--Assistance under this section may be \n provided--\n ``(A) exclusively from amounts made available to carry out \n this section; or\n ``(B) from amounts made available to carry out this section \n in combination with amounts made available under any other \n Federal program or from any other source.\n ``(2) Federal share requirements specified in other laws.--\n Notwithstanding any provision of law limiting the Federal share \n under any other Federal program, amounts made available to carry \n out this section may be used to increase that Federal share, as the \n Commission determines to be appropriate.\n ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 8. PROGRAM DEVELOPMENT CRITERIA.\n\n (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of \nthe Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended by striking ``in an area determined by the State have a \nsignificant potential for growth or''.\n (b) Assistance to Distressed Counties and Areas.--Section 224 of \nthe Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended by adding at the end the following:\n ``(d) Assistance to Distressed Counties and Areas.--For fiscal year \n2003 and each fiscal year thereafter, not less than 50 percent of the \namount of grant expenditures approved by the Commission shall support \nactivities or projects that benefit severely and persistently \ndistressed counties and areas.''.\nSEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT \nDISTRICTS.\n Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act \nof 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the \ndiscretion of the Commission, 75 percent of such expenses in the case \nof a local development district that has a charter or authority that \nincludes the economic development of a county or part of a county for \nwhich a distressed county designation is in effect under section 226)'' \nafter ``such expenses''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n Section 401 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended to read as follows:\n\n``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.\n\n ``(a) In General.--In addition to amounts authorized by section 201 \nand other amounts made available for the Appalachian development \nhighway system program, there are authorized to be appropriated to the \nCommission to carry out this Act--\n ``(1) $88,000,000 for each of fiscal years 2002 through 2004;\n ``(2) $90,000,000 for fiscal year 2005; and\n ``(3) $92,000,000 for fiscal year 2006.\n ``(b) Telecommunications and Technology Initiative.--Of the amounts \nmade available under subsection (a), the following amounts may be made \navailable to carry out section 203:\n ``(1) $10,000,000 for fiscal year 2002.\n ``(2) $8,000,000 for fiscal year 2003.\n ``(3) $5,000,000 for each of fiscal years 2004 through 2006.\n ``(c) Availability.--Sums made available under subsection (a) shall \nremain available until expended.''.\n\nSEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION.\n\n Section 403 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended--\n (1) in the third undesignated paragraph (relating to \n Kentucky)--\n (A) by inserting ``Edmonson,'' after ``Cumberland,'';\n (B) by inserting ``Hart,'' after ``Harlan,''; and\n (C) by striking ``Montogomery,'' and inserting \n ``Montgomery,''; and\n (2) in the fifth undesignated paragraph (relating to \n Mississippi)--\n (A) by inserting ``Montgomery,'' after ``Monroe,''; and\n (B) by inserting ``Panola,'' after ``Oktibbeha,''.\n\nSEC. 12. TERMINATION.\n\n Section 405 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by striking ``2001'' and inserting ``2006''.\n\nSEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.\n\n (a) Section 101(b) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended in the third sentence by striking \n``implementing investment program'' and inserting ``strategy \nstatement''.\n (b) Section 106(7) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended by striking ``expiring no later than \nSeptember 30, 2001''.\n (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional \nDevelopment Act of 1965 (40 U.S.C. App.) are amended by striking \n``grant-in-aid programs'' each place it appears and inserting ``grant \nprograms''.\n (d) Section 202(a) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended in the second sentence by striking \n``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the \nMental Retardation Facilities and Community Mental Health Centers \nConstruction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of \nthe Public Health Service Act (42 U.S.C. 291 et seq.), the \nDevelopmental Disabilities Assistance and Bill of Rights Act of 2000 \n(42 U.S.C. 15001 et seq.),''.\n (e) Section 207(a) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended by striking ``section 221 of the \nNational Housing Act, section 8 of the United States Housing Act of \n1937, section 515 of the Housing Act of 1949,'' and inserting ``section \n221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the \nUnited States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the \nHousing Act of 1949 (42 U.S.C. 1485),''.\n (f) Section 214 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n (1) in the section heading, by striking ``grant-in-aid'' and \n inserting ``grant'';\n (2) in subsection (a)--\n (A) by striking ``grant-in-aid Act'' each place it appears \n and inserting ``Act'';\n (B) in the first sentence, by striking ``grant-in-aid \n Acts'' and inserting ``Acts'';\n (C) by striking ``grant-in-aid program'' each place it \n appears and inserting ``grant program''; and\n (D) by striking the third sentence;\n (3) by striking subsection (c) and inserting the following:\n ``(c) Definition of Federal Grant Program.--\n ``(1) In general.--In this section, the term `Federal grant \n program' means any Federal grant program authorized by this Act or \n any other Act that provides assistance for--\n ``(A) the acquisition or development of land;\n ``(B) the construction or equipment of facilities; or\n ``(C) any other community or economic development or \n economic adjustment activity.\n ``(2) Inclusions.--In this section, the term `Federal grant \n program' includes a Federal grant program such as a Federal grant \n program authorized by--\n ``(A) the Consolidated Farm and Rural Development Act (7 \n U.S.C. 1921 et seq.);\n ``(B) the Land and Water Conservation Fund Act of 1965 (16 \n U.S.C. 460l-4 et seq.);\n ``(C) the Watershed Protection and Flood Prevention Act (16 \n U.S.C. 1001 et seq.);\n ``(D) the Carl D. Perkins Vocational and Technical \n Education Act of 1998 (20 U.S.C. 2301 et seq.);\n ``(E) the Federal Water Pollution Control Act (33 U.S.C. \n 1251 et seq.);\n ``(F) title VI of the Public Health Service Act (42 U.S.C. \n 291 et seq.);\n ``(G) sections 201 and 209 of the Public Works and Economic \n Development Act of 1965 (42 U.S.C. 3141, 3149);\n ``(H) title I of the Housing and Community Development Act \n of 1974 (42 U.S.C. 5301 et seq.); or\n ``(I) part IV of title III of the Communications Act of \n 1934 (47 U.S.C. 390 et seq.).\n ``(3) Exclusions.--In this section, the term `Federal grant \n program' does not include--\n ``(A) the program for construction of the Appalachian \n development highway system authorized by section 201;\n ``(B) any program relating to highway or road construction \n authorized by title 23, United States Code; or\n ``(C) any other program under this Act or any other Act to \n the extent that a form of financial assistance other than a \n grant is authorized.''; and\n (4) by striking subsection (d).\n (g) Section 224(a)(2) of the Appalachian Regional Development Act \nof 1965 (40 U.S.C. App.) is amended by striking ``relative per capita \nincome'' and inserting ``per capita market income''.\n (h) Section 225 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.)--\n (1) in subsection (a)(3), by striking ``development program'' \n and inserting ``development strategies''; and\n (2) in subsection (c)(2), by striking ``development programs'' \n and inserting ``development strategies''.\n (i) Section 303 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n (1) in the section heading, by striking ``investment programs'' \n and inserting ``strategy statements'';\n (2) in the first sentence, by striking ``implementing \n investments programs'' and inserting ``strategy statements''; and\n (3) by striking ``implementing investment program'' each place \n it appears and inserting ``strategy statement''.\n (j) Section 403 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended in the next-to-last undesignated paragraph \nby striking ``Committee on Public Works and Transportation'' and \ninserting ``Committee on Transportation and Infrastructure''.\n\n Speaker of the House of Representatives.\n\n Vice President of the United States and \n President of the Senate.","summary":"Appalachian Regional Development Act Amendments of 2002 - Amends the Appalachian Regional Development Act of 1965 to include as functions of the Appalachian Regional Commission that it: (1) support local development districts, (2) encourage the use of eco-industrial development technologies and approaches. And (3) seek to coordinate economic development activities of, and the use of economic development resources by, Federal agencies in the Appalachian region. Directs the President to establish the Interagency Coordinating Council on Appalachia. Authorizes the Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to persons or entities in the region for projects to: (1) increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications. (2) provide education and training in the use of telecommunications and technology. (3) develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce. Or (4) support entrepreneurial opportunities for businesses in the information technology sector. Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects to: (1) support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons. (2) improve access to debt and equity capital, by such means as the establishment of development venture capital funds. (3) aid communities in identifying, developing, and implementing development strategies for various sectors of the economy. And (4) develop a working network of business incubators and to support entities that provide business incubator services. Defines business incubator service as a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business. Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers in a specified industry. Limits all grants under this Act to 50 percent of project costs or 80 percent for projects carried out in distress-designated counties. Eliminates from criteria for programs and projects to be given assistance under the Act that an area have significant growth potential. Requires that, for FY 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission support activities or projects that benefit severely and persistently distressed counties and areas. Allows, at the Commission's discretion, for coverage of up to 75 percent of the administrative expenses of local development districts that have a charter or authority that includes the economic development of a county for which a distressed county designation is in effect. Extends through FY 2006 the authorization of appropriations for: (1) carrying out the Act. And (2) the telecommunications and technology initiative. Adds Edmonson and Hart ( Kentucky), and Montgomery and Panola (Mississippi) to the counties included in the Appalachian region. Extends the deadline for the termination of certain provisions of the Act to October 1, 2006.","title":"A bill to reauthorize the Appalachian Regional Development Act of 1965, and for other purposes.","text_len":19910,"sum_len":3412} {"bill_id":"114_hr3952","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Congenital Heart Futures \nReauthorization Act of 2015''.\n\nSEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM.\n\n Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) \nis amended to read as follows:\n\n``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, \n SURVEILLANCE, AND AWARENESS.\n\n ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall--\n ``(1) enhance and expand research and surveillance \n infrastructure to study and track the epidemiology of \n congenital heart disease (in this section referred to as \n `CHD');\n ``(2) plan and implement a public outreach and education \n campaign regarding CHD across the lifespan; and\n ``(3) award grants to eligible entities to undertake the \n activities described in subsections (b) and (c).\n ``(b) National Congenital Heart Disease Cohort Study.--\n ``(1) In general.--The Director of the Centers for Disease \n Control and Prevention shall plan, develop, implement, and \n submit one or more reports to the Congress on a cohort study to \n improve understanding of the epidemiology of CHD across the \n lifespan, from birth to adulthood, with particular interest in \n the following:\n ``(A) Health care utilization and natural history \n of those affected by CHD.\n ``(B) Demographic factors associated with CHD, such \n as age, race, ethnicity, gender, and family history of \n individuals who are diagnosed with the disease.\n ``(C) Outcome measures, such that analysis of the \n outcome measures will allow derivation of evidence-\n based best practices and guidelines for CHD patients.\n ``(2) Permissible considerations.--The study under this \n subsection may--\n ``(A) gather data on the health outcomes of a \n diverse population of those affected by CHD;\n ``(B) consider health disparities among those \n affected by CHD which may include the consideration of \n prenatal exposures; and\n ``(C) incorporate behavioral, emotional, and \n educational outcomes of those affected by CHD.\n ``(3) Public access.--Subject to paragraph (4), the data \n generated from the study under this subsection shall be made \n available to the public, including CHD researchers.\n ``(4) Patient privacy.--The Secretary shall ensure that the \n study under this subsection is carried out in a manner that \n complies with the requirements applicable to a covered entity \n under the regulations promulgated pursuant to section 264(c) of \n the Health Insurance Portability and Accountability Act of \n 1996.\n ``(c) Congenital Heart Disease Awareness Campaign.--\n ``(1) In general.--The Director of the Centers for Disease \n Control and Prevention shall establish and implement an \n awareness, outreach, and education campaign regarding CHD \n across the lifespan. The information expressed through such \n campaign shall--\n ``(A) emphasize that CHD is the most prevalent \n birth defect;\n ``(B) identify CHD as a condition that affects \n those diagnosed throughout their lives; and\n ``(C) promote the need for pediatric, adolescent, \n and adult individuals with CHD to seek and maintain \n lifelong, specialized care.\n ``(2) Permissible activities.--The campaign under this \n subsection may--\n ``(A) utilize collaborations or partnerships with \n other agencies, health care professionals, and patient \n advocacy organizations that specialize in the needs of \n individuals with CHD; and\n ``(B) include the use of print, film, and \n electronic materials distributed via television, radio, \n Internet, and other commercial marketing venues.\n ``(d) Eligibility for Grants.--To be eligible to receive a grant \nunder subsection (a)(3), an entity shall--\n ``(1) be a public or private nonprofit entity with \n specialized experience in CHD; and\n ``(2) submit to the Secretary an application at such time, \n in such manner, and containing such information as the \n Secretary may require.\n ``(e) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated $4,000,000 for each of fiscal \nyears 2016 through 2020.''.\n\nSEC. 3. CONGENITAL HEART DISEASE RESEARCH.\n\n Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is \namended to read as follows:\n\n``SEC. 425. CONGENITAL HEART DISEASE.\n\n ``(a) In General.--The Director of the Institute may expand, \nintensify, and coordinate research and related activities of the \nInstitute with respect to congenital heart disease, which may include \ncongenital heart disease research with respect to--\n ``(1) causation of congenital heart disease, including \n genetic causes;\n ``(2) long-term outcomes in individuals with congenital \n heart disease, including infants, children, teenagers, adults, \n and elderly individuals;\n ``(3) diagnosis, treatment, and prevention;\n ``(4) studies using longitudinal data and retrospective \n analysis to identify effective treatments and outcomes for \n individuals with congenital heart disease; and\n ``(5) identifying barriers to lifelong care for individuals \n with congenital heart disease.\n ``(b) Coordination of Research Activities.--The Director of the \nInstitute may coordinate research efforts related to congenital heart \ndisease among multiple research institutions and may develop research \nnetworks.\n ``(c) Minority and Medically Underserved Communities.--In carrying \nout the activities described in this section, the Director of the \nInstitute shall consider the application of such research and other \nactivities to minority and medically underserved communities.\n ``(d) Report From NIH.--Not later than 1 year after the date of \nenactment of the Congenital Heart Futures Reauthorization Act of 2015, \nthe Director of NIH, acting through the Director of the Institute, \nshall provide a report to Congress--\n ``(1) outlining the ongoing research efforts of the \n National Institutes of Health regarding congenital heart \n disease; and\n ``(2) identifying--\n ``(A) future plans for research regarding \n congenital heart disease; and\n ``(B) the areas of greatest need for such \n research.''.","summary":"Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes. And (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.","title":"Congenital Heart Futures Reauthorization Act of 2015","text_len":7105,"sum_len":933} {"bill_id":"113_s2439","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``NSA Internal Watchdog Act''.\n\nSEC. 2. INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY.\n\n (a) Elevation of Inspector General Status.--The Inspector General \nAct of 1978 (5 U.S.C. App.) is amended--\n (1) in section 8G(a)(2), by striking ``the National \n Security Agency,''; and\n (2) in section 12--\n (A) in paragraph (1), by inserting ``the Director \n of the National Security Agency;'' after ``Export-\n Import Bank;''; and\n (B) in paragraph (2), by inserting ``the National \n Security Agency,'' after ``the National Aeronautics and \n Space Administration,''.\n (b) Date of Appointment.--Not later than 90 days after the date of \nthe enactment of this Act, the President shall nominate a person for \nappointment, by and with the advice and consent of the Senate, as \nInspector General of the National Security Agency under section 3(a) of \nthe Inspector General Act of 1978 (5 U.S.C. App.) consistent with the \namendments made by subsection (a).\n (c) Transition Rule.--An individual serving as Inspector General of \nthe National Security Agency on the date of the enactment of this Act \npursuant to an appointment made under section 8G of the Inspector \nGeneral Act of 1978 (5 U.S.C. App.)--\n (1) may continue so serving until the President makes an \n appointment under section 3(a) of such Act with respect to the \n National Security Agency consistent with the amendments made by \n subsection (a); and\n (2) shall, while serving under paragraph (1), remain \n subject to the provisions of section 8G of such Act that, \n immediately before the date of the enactment of this Act, \n applied with respect to the Inspector General of the National \n Security Agency and suffer no reduction in pay.\n\nSEC. 3. ANNUAL REVIEW OF MECHANISMS FOR REPORTING EMPLOYEE OR \n CONTRACTOR COMPLAINTS.\n\n Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. \nApp.) is amended by adding at the end the following new subparagraph:\n ``(E) In the case of the Inspector General of the \n National Security Agency, a review of the mechanisms \n for submitting complaints that are available to an \n employee of or contractor to the National Security \n Agency and any recommendations of the Inspector General \n for improving such mechanisms.''.\n\nSEC. 4. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.\n\n The Inspector General Act of 1978 (5 U.S.C. App.) is amended by \ninserting after section 8J the following new section:\n\n``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.\n\n ``(a) General Counsel to the Inspector General.--\n ``(1) In general.--There is a General Counsel to the \n Inspector General of the National Security Agency, who shall be \n appointed by the Inspector General of the National Security \n Agency.\n ``(2) Duties.--The General Counsel to the Inspector General \n of the National Security Agency shall--\n ``(A) serve as the chief legal officer of the \n Office of the Inspector General of the National \n Security Agency;\n ``(B) provide legal services only to the Inspector \n General of the National Security Agency;\n ``(C) perform such functions as the Inspector \n General may prescribe; and\n ``(D) serve at the discretion of the Inspector \n General.\n ``(3) Office of the general counsel.--There is an Office of \n the General Counsel to the Inspector General of the National \n Security Agency. The Inspector General may appoint to the \n Office to serve as staff of the General Counsel such legal \n counsel as the Inspector General considers appropriate.\n ``(b) Testimony.--\n ``(1) Authority to compel.--The Inspector General of the \n National Security Agency is authorized to require by subpoena \n the attendance and testimony of former employees of the \n National Security Agency or contractors, former contractors, or \n former detailees to the National Security Agency as necessary \n in the performance of functions assigned to the Inspector \n General by this Act.\n ``(2) Refusal to obey.--A subpoena issued under this \n subsection, in the case of contumacy or refusal to obey, shall \n be enforceable by order of any appropriate United States \n district court.\n ``(3) Notification.--The Inspector General shall notify the \n Attorney General 7 days before issuing any subpoena under this \n section.\n ``(c) Prohibitions on Investigations for National Security \nReasons.--\n ``(1) Evaluations of prohibitions.--Not later than 7 days \n after the date on which the Inspector General of the National \n Security Agency receives notice or a statement under section \n 8G(d)(2)(C) of the reasons the Secretary of Defense is \n prohibiting the Inspector General from initiating, carrying \n out, or completing any audit or investigation, the Inspector \n General shall submit to the Permanent Select Committee on \n Intelligence and the Committee on Armed Services of the House \n of Representatives and the Select Committee on Intelligence and \n the Committee on Armed Services of the Senate an evaluation of \n such notice or such statement.\n ``(2) Inclusion in semi-annual report.--The Inspector \n General shall include in the semiannual report prepared by the \n Inspector General in accordance with section 5(a) a description \n of the instances in which the Secretary of Defense prohibited \n the Inspector General from initiating, carrying out, or \n completing any audit or investigation during the period covered \n by such report.\n ``(d) Standard for Audits and Investigations.--In carrying out any \naudit or investigation of a surveillance or data collection program, \nthe Inspector General shall--\n ``(1) assess the impact of such program on civil rights and \n civil liberties;\n ``(2) assess the effectiveness and use, including any \n improper or illegal use, of such program; and\n ``(3) make any recommendations the Inspector General \n considers appropriate to improve the protection of civil rights \n and civil liberties in the operation of such program.\n ``(e) Availability of Reports.--\n ``(1) Availability.--Each report to Congress or a committee \n of Congress by the Inspector General shall be made available to \n all Members of Congress.\n ``(2) Member of congress defined.--In this subsection, the \n term `Member of Congress' means a Senator, a Member of the \n House of Representatives, or a Delegate or Resident \n Commissioner to the Congress.''.\n\nSEC. 5. AUDIT OF SURVEILLANCE PROGRAMS AND BACKGROUND INVESTIGATIONS.\n\n (a) Audit.--The Inspector General of the National Security Agency \nappointed under section 3(a) of the Inspector General Act of 1978 (5 \nU.S.C. App.) consistent with the amendments made by section 2(a) of \nthis Act shall perform a comprehensive audit of--\n (1) the effectiveness and use, including improper or \n illegal use, of surveillance and data collection programs of \n the National Security Agency, including programs conducted \n pursuant to sections 501 and 702 of the Foreign Intelligence \n Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a);\n (2) the interactions between the National Security Agency \n and the court established under section 103(a) of the Foreign \n Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), \n including the accuracy of the information provided to such \n court by the Agency and the compliance of the Agency with \n orders of such court; and\n (3) the process for conducting background investigations of \n persons for purposes of employment or potential employment by \n the National Security Agency or for receiving access to \n classified information.\n (b) Report.--Not later than 180 days after the date on which the \nInspector General of the National Security Agency is appointed under \nsection 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) \nconsistent with the amendments made by section 2(a) of this Act, the \nInspector General of the National Security Agency shall submit to the \nPermanent Select Committee on Intelligence of the House of \nRepresentatives and the Select Committee on Intelligence of the Senate \na report containing the results of the audit conducted under subsection \n(a).\n (c) Rule of Construction.--Nothing in this section shall be \nconstrued to alter the responsibility of the Inspector General of the \nNational Security Agency to conduct audits or investigations of the \nsurveillance programs of the National Security Agency and the \nbackground investigation process for employment or access to classified \ninformation on an ongoing basis in accordance with the Inspector \nGeneral Act of 1978 (5 U.S.C. App.).","summary":"NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General. Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress. Directs the Inspector General to audit and report to Congress regarding the effectiveness and use of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things. And (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.","title":"NSA Internal Watchdog Act","text_len":9556,"sum_len":2196} {"bill_id":"103_hr4788","text":"SECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Veterans' Health Care Eligibility \nReform Act of 1994''.\n\nSEC. 2. VETERANS HEALTH CARE ELIGIBILITY REFORM.\n\n Chapter 17 of title 38, United States Code, is amended as follows:\n (1) Section 1701 is amended by adding at the end the \n following new paragraphs:\n ``(10) The term `continuum of health care' includes \n specialized treatment and rehabilitative services of the \n Department, including comprehensive prevention and health \n screening programs and services to treat needs of disabled \n veterans with spinal cord dysfunction, blindness, prosthetics, \n and mental illness.\n ``(11) The term `noninstitutional long-term care' includes \n the following services:\n ``(A) Hospital-based home care.\n ``(B) Adult day health care.\n ``(C) Fee basis care.\n ``(D) Hospice care.\n ``(E) Homemaker services.\n ``(F) Home health aid.\n ``(G) Case management services.\n ``(H) Congregate meals.\n ``(I) Home delivered meals.\n ``(J) Senior center services.\n ``(K) Shopping and transportation services.\n ``(L) Phone check services.''.\n (2) Section 1710(a)(1) is amended by striking out ``shall \n furnish'' and all that follows through ``which the'' and \n inserting in lieu thereof ``shall furnish a continuum of health \n care (including hospital care, outpatient medical services \n provided on an outpatient or ambulatory basis, and \n noninstitutional long-term care) which the''.\n (3) Subchapter II is amended by inserting after section \n 1710 the following new section:\n``Sec. 1710A. Institutional long-term care for certain veterans\n ``(a) The Secretary shall provide institutional nursing home care \nto any veteran who is described in subparagraph (A) or (D) of section \n1710(a)(1), or in subparagraph (C) of section 1712(a)(1), of this title \nor who is in receipt of pension from the Secretary.\n ``(b) If a veteran who is provided nursing home care by reason of \nsubsection (a) is also eligible for payment for the costs of nursing \nhome care under a State plan title XIX of the Social Security Act, the \nSecretary shall be entitled to recover from that State plan the amount \nthat the State plan would pay for that care if provided by an \nauthorized provider. For purposes of this subsection, the veteran shall \nbe deemed to have paid any deductible or copayment otherwise required \nas a condition of payment by the State plan.''.\n (4) Section 1710(d) is amended by inserting ``1710A or'' \n after ``section''.\n (5) Subchapter III is amended by inserting after section \n 1729 the following new section:\n``Sec. 1729A. Medicare coverage and reimbursement\n ``(a) For purposes of any program administered by the Secretary of \nHealth and Human Services under title XVIII of the Social Security Act, \na Department facility shall be deemed to be a Medicare provider.\n ``(b)(1) A VA medical center (or group of medical centers) shall be \nconsidered to be a Medicare HMO.\n ``(2) For purposes of this section, the term `Medicare HMO' means \nan eligible organization under section 1876 of the Social Security Act.\n ``(c) In the case of care for a non-service-connected disability \nthat is provided to a veteran who is eligible for benefits under the \nMedicare program under title XVIII of the Social Security Act, the \nSecretary of Health and Human Services shall reimburse a Department \nhealth-care facility providing services as a Medicare provider or \nMedicare HMO in the same amounts and under the same terms and \nconditions as that Secretary reimburses other Medicare providers or \nMedicare HMOs, respectively. The Secretary of Health and Human Services \nshall include with each such reimbursement a Medicare explanation of \nbenefits.\n ``(d) In the case of a veteran whose eligibility for hospital care \nfrom the Department is by reason of section 1710(a)(2) of this title, \nthe Secretary shall, when providing care to the veteran for which the \nSecretary receives reimbursement under this section, require the \nveteran to pay to the Department any applicable deductible or copayment \nthat is not covered by Medicare.''.\n\nSEC. 3. PLAN FOR ENTITLEMENT TO INSTITUTIONAL NURSING HOME CARE FOR \n OTHER VETERANS.\n\n (a) Establishment of Plan.--The Secretary of Veterans Affairs shall \ndevelop a plan to implement (over a specified period of years) the \nprovision of institutional long-term care for any veteran described in \nsubsection (b). The plan may provide for the provision of institutional \nlong-term care through facilities of the Department of Veterans Affairs \nor through a long-term care insurance contract, or a combination \nthereof. In specifying benefits, or a proposed range of benefits, under \nthe plan, the Secretary shall consider a representative range of the \ndifferent types of health benefits provisions (which include cost-\nsharing) typically offered as long-term institutional care coverage in \nthe small employer health coverage market.\n (b) Covered Veterans.--The plan shall propose to cover any veteran \nnot covered by section 1710A of title 38, United States Code, as added \nby section 2, who--\n (1) has a service-connected disability rated at less than \n 50 percent;\n (2) has an annual income (as determined under section 1503 \n of such title) that does not exceed three times the maximum \n annual rate of pension that would be applicable to the veteran \n if the veteran were eligible for pension under section 1521(d) \n of such title;\n (3) has a catastrophic nonservice-connected disability (as \n defined by the Secretary); or\n (4) requires institutional long-term care as a follow up to \n inpatient care, as authorized under section 1720 of this title.\n (c) Premiums and Copayments.--The plan shall include the \nestablishment of a schedule of premiums and copayments for care \nprovided through Department of Veterans Affairs institutional care \nprograms in effect on the day before the date of the enactment of this \nAct. The plan shall specify a range of premiums and copayments that \nwould apply based upon different combinations of levels of payments by \nthe Government, copayments, and premiums, as specified in the plan.\n (d) Long-Term Care Insurance Contract.--For purposes of this \nsection, the term `long-term care insurance contract' means any \ninsurance contract issued if--\n (1) the only insurance protection provided under the \n contract is coverage of institutional long-term care services \n (as specified in the contract) and benefits incidental to such \n coverage,\n (2) the maximum benefit under the policy for expenses \n incurred for any day does not exceed $200,\n (3) the contract does not cover expenses incurred for \n services or items to the extent that such expenses are \n reimbursable under title XVIII of the Social Security Act or \n would be so reimbursable but for the application of a \n deductible or coinsurance amount,\n (4) the contract is guaranteed renewable,\n (5) the contract does not have any cash surrender value, \n and\n (6) all refunds of premiums, and all policyholder dividends \n or similar amounts, under the contract are to be applied as a \n reduction in future premiums or to increase future benefits.\n (e) Report to Congress.--Not later than September 30, 1996, the \nSecretary shall submit to Congress a report on the plan. The report \nshall include--\n (1) a cost analysis, including a range of premiums and \n copayments and Government cost-sharing;\n (2) a discussion of the cost of establishing a long-term \n care insurance program for veterans described in subsection (b) \n using contract authority (if such contract authority is \n provided by law); and\n (3) a draft of legislation to make any necessary changes in \n law to enable the Department to implement the plan.\n\nSEC. 4. ENROLLMENT SYSTEM FOR OTHER PERSONS.\n\n (a) In General.--(1) Title 38, United States Code, is amended by \ninserting after chapter 17 the following new chapter:\n\n ``CHAPTER 18--VA GROUP HEALTH PLAN\n\n``Sec.\n``1801. Definitions.\n``1802. VA Group Health Plan.\n``1803. Enrollment.\n``1804. Limitation on preexisting conditions.\n``1805. Plan to be self supporting.\n``1806. Annual report.\n``Sec. 1801. Definitions\n ``For purposes of this chapter:\n ``(1) The term `eligible veteran' means any veteran other \n than a veteran eligible for health care under section \n 1710(a)(1) of this title.\n ``(2) The term `VA enrollee' means an individual enrolled \n in the VA Group Health Plan.\n``Sec. 1802. VA Group Health Plan\n ``(a) The Secretary shall administer a program of health insurance \nunder this chapter to be known as the VA Group Health Plan. The \nSecretary may provide such insurance directly or may contract with an \ninsurance provider in the private sector for the provision of such \ninsurance. The plan may be established as a single, nation-wide plan or \nas a composite of regional health insurance plans.\n ``(b) The Secretary shall establish and carry out the VA Group \nHealth Plan as a managed-care plan and so that it meets the following \nrequirements:\n ``(1) The plan shall be designed to be self-sustaining \n through required premiums, copayments, deductibles, and other \n charges, and without appropriated funds.\n ``(2) The plan shall provide such benefits as the Secretary \n determines.\n ``(c) The Secretary may award contracts under this section for the \noperation of the VA Group plan.\n ``(d) The Secretary may provide treatment in Department facilities \nfor any enrollee, if cost effective.\n``Sec. 1803. Enrollment\n ``(a) The following individuals are eligible to enroll in the VA \nGroup Health Plan:\n ``(1) Any eligible veteran.\n ``(2) The spouse or child of any veteran.\n ``(b)(1) The Secretary of Veterans Affairs shall establish an \nenrollment (and disenrollment) process for the VA Group Health Plan in \naccordance with this subsection. Such process shall be established in \nconsultation with veterans and other individuals to be served by the \nplan.\n ``(2) For each eligible veteran, when the veteran first becomes \neligible to enroll in the VA Group Health Plan, there shall be an \ninitial enrollment period (of not less than 30 days) during which the \nveteran may enroll in the plan.\n ``(3) The Secretary shall establish an annual period, of not less \nthan 30 days, during which eligible veterans may enroll in the VA Group \nHealth Plan.\n ``(4) If a veteran enrolls in the VA Group Health Plan, the veteran \nmay at the same time enroll, as a family enrollment, the veteran's \nspouse and children in the plan.\n ``(5) In the case of individuals who through marriage, divorce, \nbirth or adoption of a child, or similar circumstances, experience a \nchange in family composition, the Secretary shall provide for a special \nenrollment period in which the individual is permitted to change the \nindividual or family basis of coverage. The circumstances under which \nsuch special enrollment periods are required and the duration of such \nperiods shall be specified by the Secretary.\n ``(6) The Secretary shall provide for a special transitional \nenrollment period during which eligible individuals may first enroll.\n ``(c) Enrollment of the spouse (including a child of the spouse) \nand any dependent child of an eligible veteran shall be considered to \nbe timely if a request for enrollment is made either--\n ``(1) within 30 days of the date of the marriage or of the \n date of the birth or adoption of a child, if family coverage is \n available as of such date, or\n ``(2) within 30 days of the date family coverage is first \n made available.\n ``(d) Family coverage shall become effective not later than the \nfirst day of the first month beginning after the date of the marriage \nor the date of birth or adoption of the child (as the case may be).\n ``(e) The Secretary may terminate coverage for nonpayment of \npremiums.\n ``(f) Coverage of a spouse under a policy under this chapter may \nnot be canceled by reason of the death of the veteran unless the \nsurviving spouse remarries.\n``Sec. 1804. Limitation on preexisting conditions\n ``(a) The VA Group Health Plan may not impose (and an insurer under \nthat plan may not require the Secretary impose through a waiting period \nfor coverage under the plan or similar requirement) a limitation or \nexclusion of benefits relating to treatment of a condition based on the \nfact that the condition preexisted the effective date of the plan with \nrespect to an individual if--\n ``(1) the condition relates to a condition that was not \n diagnosed or treated within three months before the date of \n coverage under the plan;\n ``(2) the limitation or exclusion extends over more than \n six months after the date of coverage under the plan;\n ``(3) the limitation or exclusion applies to an individual \n who, as of the date of birth, was covered under the plan; or\n ``(4) the limitation or exclusion relates to pregnancy.\nIn the case of an individual who is eligible for coverage under a plan \nbut for a waiting period imposed by the employer, in applying \nparagraphs (1) and (2), the individual shall be treated as having been \ncovered under the plan as of the earliest date of the beginning of the \nwaiting period.\n ``(b)(1) The Secretary, for purposes of the VA Group Health Plan, \nshall waive any period applicable to a preexisting condition for \nsimilar benefits with respect to an individual to the extent that the \nindividual, before the date of such individual's enrollment in such \nplan, was covered for the condition under any other health plan that \nwas in effect before such date.\n ``(2) Paragraph (1) shall no longer apply if there is a continuous \nperiod of more than 60 days (or, in the case of an individual who loses \ncoverage under a group health plan due to termination of employment, \nsix months) on which the individual was not covered under a group \nhealth plan.\n ``(3) In applying paragraph (2), any waiting period imposed by an \nemployer before an employee is eligible to be covered under a plan \nshall be treated as a period in which the employee was covered under a \ngroup health plan.\n``Sec. 1805. Plan to be self supporting\n ``The Secretary shall administer the VA Group Health Plan so as to \nensure that no appropriated funds are required for the operation of the \nplan (other than as necessary for startup and transition costs). The \nSecretary shall establish such premiums, copayments, and other charges \nfor the plan as necessary.\n``Sec. 1806. Annual report\n ``(a) The Secretary shall submit to Congress an annual report on \nthe VA Group Health Plan. The report shall provide information on \nprices, health outcomes, and enrollee satisfaction under the plan and \nany other information the Secretary considers appropriate concerning \nthe quality of the plan, including a breakdown of the portion of \npremiums under the plan that are attributable to the overhead \noperations of the plan.\n ``(b) The report shall be submitted each year before the annual \ngeneral enrollment period. The Secretary shall make such report \navailable to other interested persons.''.\n (2) The table of chapters at the beginning of part II of title 38, \nUnited States Code, is amended by inserting after the item relating to \nchapter 17 the following new item:\n\n``18. VA Group Health Plan.................................. 1801.''.\n (b) Initial Report.--The initial report of the Secretary of \nVeterans Affairs under section 1806 of title 38, United States Code, as \nadded by subsection (a), shall be submitted no later than September 30, \n1995. The report shall include a cost analysis for the plan and a range \nof premiums and copayments that may be implemented under the plan.\n\nSEC. 5. MANAGED CARE SYSTEM OF HEALTH DELIVERY.\n\n (a) Chapter 73 of title 38, United States Code, is amended by \ninserting after section 7306 the following new sections:\n``Sec. 7307. Managed care\n ``(a) The Secretary shall administer the health programs of the \nVeterans Health Administration through use of the model of medical \npractice known as `managed care'.\n ``(b) In implementing a managed care system, the Under Secretary \nshall, to the extent possible--\n ``(1) shift the focus of care provided by the Veterans \n Health Administration to primary care;\n ``(2) establish enhanced quality assurance mechanisms; and\n ``(3) establish utilization review procedures to prevent \n inefficient practices.\n``Sec. 7308. Veterans Service Areas\n ``The Secretary shall organize the health care delivery services \nand resources of the Veterans Health Administration into geographic \nregions to be known as Veterans Service Areas.''.\n (b) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 7306 the \nfollowing new items:\n\n``7307. Managed care.\n``7308. Veterans Service Areas.''.\n (c) If, as of the date of the enactment of this Act, the position \nof Under Secretary for Health of the Department of Veterans Affairs is \nvacant, the provisions of section 7308 of title 38, United States Code, \nas added by subsection (a), shall not take effect until an individual \nis appointed to that position.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n There are authorized to be appropriated to the Secretary of \nVeterans Affairs for each of fiscal years 1995 through 1999 (in \nconstant fiscal year 1995 dollars)--\n (1) $200,000,000 to acquire medical equipment to relieve \n the existing medical equipment backlog in Department of \n Veterans Affairs medical facilities; and\n (2) $500,000,000 for improvements of infrastructure, \n patient care amenities, primary care services, and personnel \n and for medical facility construction projects (subject to \n section 8104 of title 38, United States Code).","summary":"Veterans' Health Care Eligibility Reform Act of 1994 - Defines continuum of health care and noninstitutional long-term care under veterans' health care provisions. Directs the Secretary of Veterans Affairs to provide a continuum of health care to veterans eligible for veterans' benefits. Directs the Secretary to provide institutional nursing home care to certain disabled veterans or those in receipt of a veterans' pension. Allows for recovery of nursing home care costs by the Secretary if the veteran is also eligible for such care through a State plan under title XIX (Medicaid) of the Social Security Act. Designates a Department of Veterans Affairs facility as a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services (HHS) under title XVIII (Medicare) of the Social Security Act. Declares a Department medical center as a Medicare HMO. Directs the HHS Secretary to reimburse a Department facility or medical center for providing services as a Medicare provider in the case of care for a non-service-connected disability of a veteran eligible for Medicare benefits. Directs the Secretary to develop a plan to implement the provision of institutional long-term care for veterans who: (1) have a service-connected disability of less than 50 percent, (2) have an annual income below a formulated amount, (3) have a catastrophic nonservice-connected disability. Or (4) require such care as a follow-up to inpatient care. Outlines, with respect to such care, provisions concerning: (1) premiums and copayments for covered veterans, (2) the issuance of a long-term care insurance contract. And (3) a report from the Secretary to the Congress on the costs of the plan and the insurance contract and legislation required for plan implementation. Directs the Secretary to administer a program of health insurance known as the VA Group Health Plan as a managed-care plan meeting specified requirements. Allows any eligible veteran and his or her spouse or child to be enrolled in the Plan. Provides Plan enrollment requirements. Prohibits the Plan from imposing a limitation or exclusion of benefits relating to treatment for certain preexisting conditions. Directs the Secretary to administer the Plan so that no appropriated funds are required for Plan operation. Requires an annual report to the Congress by the Secretary on Plan operation, as well as an initial report. Directs the Secretary to administer the health programs of the Veterans Health Administration (VHA) through use of a managed care medical practice model, with limitations. Directs the Secretary to organize the VHA health care delivery and resources into geographic regions known as veterans service areas. Authorizes appropriations to the Secretary for FY 1995 through 1999 for: (1) acquiring medical equipment to relieve existing medical equipment backlogs in Department facilities. And (2) infrastructure improvement, patient care amenities, primary care services and personnel, and medical facility construction projects.","title":"Veterans' Health Care Eligibility Reform Act of 1994","text_len":18771,"sum_len":3046} {"bill_id":"106_hr3702","text":"SECTION 1. TEACHER RECRUITMENT.\n\n (a) Future Math and Science Teacher Recruitment.--Title X of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 1102 et seq.) \nis amended by adding at the end the following new part:\n\n ``PART L--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT\n\n``SEC. 10995A. SHORT TITLE; FINDINGS.\n\n ``(a) Short Title.--This part may be cited as the `Recruit and \nReward Future Math and Science Teachers of America Act of 2000'.\n ``(b) Findings.--Congress finds the following:\n ``(1) United States high school students rate 16th and \n 19th, respectively, in science and math out of 21 countries.\n ``(2) Of United States high school students who take \n physical science and math courses, 56 percent and 27 percent, \n respectively, are taught by teachers who did not prepare in \n that field.\n ``(3) Teachers' knowledge and skills powerfully influence \n student learning.\n ``(4) More than 2,000,000 teachers will need to be hired \n over the next decade.\n ``(5) The ability of the United States to place highly \n qualified math and science teachers specializing in their field \n of instruction will depend on proactive policies that increase \n funding for teacher training, recruitment, and induction.\n\n``SEC. 10995B. PURPOSE; APPROPRIATIONS AUTHORIZED.\n\n ``(a) Purpose.--It is the purpose of this part to make grants \navailable, through a pilot program, to eligible institutions described \nin section 10995C, to enable such institutions to provide 500 \nscholarship awards to outstanding students enrolled in an accredited \nteacher training graduate program who are committed to pursuing careers \nteaching math and science at an urban or rural secondary level \nclassroom.\n ``(b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this part $5,000,000 in each of the fiscal \nyears 2001, 2002, and 2003.\n\n``SEC. 10995C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.\n\n ``(a) Scholarship Designation.--Funds made available under this \npart shall be designated as the `National Math and Science Teacher \nScholarships'.\n ``(b) Selection Criteria.--The Secretary of Education may award \nfunds for National Math and Science Teacher Scholarships on a \ncompetitive basis to qualifying higher education institutions with \ngraduate programs in teacher training. The Secretary may not provide \nany individual higher education institution more than $100,000 per \nacademic year for the purpose of the National Math and Science Teacher \nScholarships. An institution applying for such scholarships may only be \neligible to receive funds if such institution is ranked by the \nSecretary in the top 25 percent of schools in the State in which the \ninstitution is located with the highest percentage of graduates passing \nthe State teacher qualification assessment for new teachers. \nNotwithstanding the preceding sentence, if there are fewer than 4 such \ninstitutions in a State, only the institution with the highest \npercentage of such graduates shall be eligible to receive funding.\n ``(c) Priorities.--The Secretary shall give priority to eligible \ninstitutions that meet 1 or more of the following criteria:\n ``(1) Provide a year long internship program in a \n professional development school.\n ``(2) Provide mentoring programs for novice teachers in \n their first 3 years.\n ``(3) Demonstrate a history of placing graduates in rural \n and urban schools.\n ``(4) Demonstrate that there is a high retention rate of \n teachers that the institution places in teaching positions.\n\n``SEC. 10995D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.\n\n ``An individual may be eligible for a National Math and Science \nTeacher Scholarship only if such individual--\n ``(1) is a citizen or national of the United States or an \n alien lawfully admitted to the United States for permanent \n residence;\n ``(2) is majoring in a physical or life science or \n mathematics graduate teacher training program;\n ``(3) is enrolled in a higher education institution that--\n ``(A) is ranked by the Secretary in the top 25 \n percent of schools in the State in which the \n institution is located with the highest percentage of \n graduates passing the State teacher qualification \n assessment for new teachers; or\n ``(B) if there are are fewer than 4 such \n institutions in a State, is the institution with the \n highest percentage of such graduates; and\n ``(4) is willing to teach math or science in a rural or \n urban public secondary school for no less than 3 full academic \n years.\n\n``SEC. 10995E. SCHOLARSHIP AMOUNT.\n\n ``(a) Amount of Award.--\n ``(1) In general.--The amount of a scholarship awarded by \n participating teacher training graduate programs under this \n part for any academic year shall be $10,000 per student, except \n that in no case shall the total amount of the scholarship \n exceed the total cost of attendance.\n ``(2) Insufficient funds.--In any fiscal year in which the \n amount appropriated to carry out this part is insufficient to \n award 500 scholarships, the Secretary shall reduce the number \n of awards to eligible institutions.\n ``(b) Assistance Not To Exceed Cost of Attendance.--No individual \nshall receive an award under this part in any academic year which \nexceeds the cost of attendance. A scholarship awarded under this part \nshall not be reduced on the basis of the student's receipt of other \nforms of Federal student financial assistance.\n\n``SEC. 10995F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS.\n\n ``(a) Agreement.--Recipients of the National Math and Science \nTeachers Scholarships shall agree to teach in an urban or rural public \nsecondary school for no less than 3 full academic years.\n ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients \nof a Scholarship found by the Secretary to be in noncompliance with the \nagreement entered into under subsection (a) of this section shall be \nrequired to repay a pro rata amount of the scholarship awards received, \nplus interest and, where applicable, reasonable collection fees, on a \nschedule and at a rate of interest prescribed by the Secretary by \nregulations.\n\n``SEC. 10995G. EXCEPTIONS TO REPAYMENT PROVISIONS.\n\n ``An individual recipient of a Scholarship under this part shall \nnot be considered in violation of the agreement entered into pursuant \nto section 10995F during any period in which the recipient--\n ``(1) is pursuing a full-time course of study in math and \n science at an accredited institution;\n ``(2) is serving, not in excess of 3 years, as a member of \n the armed services of the United States;\n ``(3) is temporarily disabled for a period of time not to \n exceed 3 years as established by sworn affidavit of a qualified \n physician;\n ``(4) is seeking and unable to find full-time employment \n for a single period not to exceed 12 months;\n ``(5) is seeking and unable to find full-time employment as \n a math and science teacher in a public or private nonprofit \n elementary or secondary school or education program for a \n single period not to exceed 27 months;\n ``(6) satisfies the provision of additional repayment \n exceptions that may be prescribed by the Secretary in \n regulations issued pursuant to this section; or\n ``(7) is permanently totally disabled, as established by \n sworn affidavit of a qualified physician.\n\n``SEC. 10995H. REPORT TO CONGRESS.\n\n ``Three years after the date on which funds are first made \navailable to carry out this part, the Secretary of Education shall \nsubmit a report to Congress evaluating the success of the National Math \nand Science Teacher Scholarships pilot program in recruiting math and \nscience teachers to teach in America's public secondary schools.''.","summary":"Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorizes appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Makes an institution eligible for such funds only if it is ranked by the Secretary in the top 25 percent of schools in its State with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Directs the Secretary to give priority to eligible institutions that have one or more of these: (1) a year-long internship program in a professional development school. (2) mentoring programs for novice teachers in their first three years. (3) a history of placing graduates in rural and urban schools. And (4) a high retention rate of teachers that the institution places in teaching positions. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.","title":"Recruit and Reward Future Math and Science Teachers of America Act of 2000","text_len":8311,"sum_len":1728} {"bill_id":"109_hr4007","text":"SECTION 1. TWO-YEAR ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS \n HEALTH CARE FOR MEMBERS OF THE ARMED FORCES SERVING IN \n AREAS AFFECTED BY HURRICANES KATRINA AND RITA.\n\n Section 1710(e) of title 38, United States Code, is amended--\n (1) by adding at the end of paragraph (1) the following new \n subparagraph:\n ``(F) Subject to paragraphs (2) and (3), a member of the Armed \nForces (including a member ordered to duty under section 502(f) of \ntitle 32) who is performing duty in response to a disaster or emergency \ndeclaration under the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act (42 U.S.C. 5121 et seq.) after August 28, 2005, in an \narea affected by Hurricane Katrina or Hurricane Rita is eligible for \nhospital care, medical services, and nursing home care under subsection \n(a)(2)(F) for any disability, notwithstanding that there is \ninsufficient medical evidence to conclude that such disability is \nattributable to such duty.'';\n (2) by adding at the end of paragraph (2) the following new \n subparagraph:\n ``(C) In the case of a member of the Armed Forces described in \nparagraph (1)(F), hospital care, medical services, and nursing home \ncare may not be provided under subsection (a)(2)(F) with respect to a \ndisability that is found, in accordance to guidelines issued by the \nUnder Secretary for Health, to have resulted from a cause other than \nduty described in that paragraph.'';\n (3) in paragraph (3)--\n (A) by striking ``and'' at the end of subparagraph \n (C);\n (B) by striking the period at the end of \n subparagraph (D) and inserting ``; and''; and\n (C) by adding at the end the following new \n subparagraph:\n ``(E) in the case of care for a veteran described in \n paragraph (1)(F), after a period of two years beginning on the \n date of the veteran's discharge or release from duty described \n in that paragraph.''; and\n (4) by adding at the end of paragraph (4) the following new \n subparagraph:\n ``(C) The term `area affected by Hurricane Katrina \n or Hurricane Rita' means an area designated for \n individual assistance or public assistance by Federal \n Disaster Declaration notice 1602, 1603, 1604, 1605, \n 1606, or 1607 issued by the Director of the Federal \n Emergency Management Agency in August and September \n 2005.''.\n\nSEC. 2. HEALTH ASSESSMENT OF SERVICEMEMBERS EXPOSED TO ENVIRONMENTAL \n HAZARDS ASSOCIATED WITH DUTY IN AREAS AFFECTED BY \n HURRICANES KATRINA AND RITA.\n\n (a) Purpose.--The purpose of this section is to provide for the \nNational Academy of Sciences, an independent nonprofit scientific \norganization with appropriate expertise which is not part of the \nFederal Government, to review and make recommendations for health \nsurveillance of members of the uniformed services who may be exposed to \nenvironmental hazards as the result of duty in areas affected by \nHurricanes Katrina and Rita in 2005.\n (b) Assessment by National Academy of Sciences.--The Secretary of \nVeterans Affairs and the Secretary of Defense shall seek to enter into \nan agreement with the National Academy of Sciences for the Academy to \nperform the activities specified in this section. The Secretaries shall \nseek to enter into the agreement not later than 60 days after the date \nof the enactment of this Act.\n (c) Duties Under Agreement.--Under the agreement under subsection \n(b), the National Academy of Sciences shall do the following:\n (1) Review and assess available data on environmental \n exposures and adverse health effects that could reasonably be \n expected to be incurred by members of the uniformed services \n assigned to duty (including duty under section 502(f) of title \n 32, United States Code) during the period beginning August 28, \n 2005, and ending on December 31, 2005, in any county designated \n by the Director of the Federal Emergency Management Agency as a \n Federal disaster county for individual or public assistance as \n the result of Hurricane Katrina or Hurricane Rita.\n (2) Describe the appropriate criteria for identification of \n members of the uniformed services covered by paragraph (1) and \n appropriate data to be collected and maintained for such \n members and make recommendations for the development of a \n registry which could be used to monitor morbidity and mortality \n data for such members.\n (3) Make recommendations concerning the establishment, \n location, and content of a data registry and policies and \n procedures for the ongoing periodic health surveillance of \n members covered by paragraph (1).\n (d) Report.--Not later than 180 days after the date of the entry \ninto effect of the agreement referred to in subsection (a), the \nNational Academy of Sciences shall submit to the Secretaries a report \non the activities of the National Academy of Sciences under the \nagreement, including the results of the activities specified in \nsubsection (c).\n (e) Recommendations for Additional Scientific Studies.--The Academy \nshall make any recommendations it has for additional scientific studies \nto resolve areas of continuing scientific uncertainty relating to \nenvironmental toxic exposure in hurricane affected areas referred to in \nsubsection (c)(1). In making recommendations for further study, the \nAcademy shall consider the scientific information that is currently \navailable, the value and relevance of the information that could result \nfrom additional studies, and the cost and feasibility of carrying out \nsuch additional studies.\n (f) Alternative Contract Scientific Organization.--If the \nSecretaries are unable within the time period prescribed in subsection \n(b) to enter into an agreement with the National Academy of Sciences \nfor the purposes of this section on terms acceptable to the \nSecretaries, the Secretaries shall seek to enter into an agreement for \nthe purposes of this section with another appropriate scientific \norganization that is not part of the Government and operates as a not-\nfor-profit entity and that has expertise and objectivity comparable to \nthat of the National Academy of Sciences. If the Secretaries enter into \nsuch an agreement with another organization, then any reference in this \nsection to the National Academy of Sciences shall be treated as a \nreference to the other organization.\n\nSEC. 3. ANNUAL REPORT ON HEALTH CARE FROM THE DEPARTMENT OF VETERANS \n AFFAIRS TO HURRICANE-AFFECTED MEMBERS OF THE NATIONAL \n GUARD.\n\n (a) Data Base.--The Secretary of Veterans Affairs shall develop and \nmaintain a data base of members of the Armed Forces who are provided \nhealth care by the Department of Veterans Affairs pursuant to section \n1710(e)(1)(F) of title 38, United States Code, as added by section 1.\n (b) Annual Report.--Not later than January 1 of each year from 2007 \nthrough 2009, the Secretary shall submit to the Committees on Veterans' \nAffairs of the Senate and House of Representatives a report on members \nof the Armed Forces who are provided health care by the Department of \nVeterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United \nStates Code, as added by section 1. Each such report shall include the \nfollowing:\n (1) The total number of veterans who sought treatment in \n Department of Veterans Affairs health care facilities pursuant \n to section 1710(e)(1)(F) of title 38, United States Code, as \n added by section 1, during the preceding fiscal year and \n cumulatively, set forth by the number of veterans per fiscal \n year and the health-care eligibility category under which such \n care was provided.\n (2) The cost of health care furnished to veterans pursuant \n to such section during the preceding fiscal year and \n cumulatively, including the costs for veterans who would not \n have been eligible for enrollment for such care under \n limitations imposed by the Secretary of Veterans Affairs for \n veterans eligible for health care from the Department only \n under section 1710(a)(3) of title 38, United States Code.","summary":"Makes a member of the Armed Forces who is performing duty in response to a disaster or emergency declaration after August 28, 2005, in an area affected by Hurricane Katrina or Rita eligible for hospital care, medical services, and nursing home care for any disability, notwithstanding insufficient medical evidence to conclude that the disability is attributable to such duty. Prohibits such care or services with respect to a disability found to have resulted from a cause other than such duty. Terminates eligibility two years after the member's discharge or release from such duty. Directs the Secretaries of Defense and Veterans Affairs to enter into an agreement with the National Academy of Sciences to review and make recommendations for the health surveillance of members who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005. Requires the Secretary of Veterans Affairs to maintain a database of members provided health care by the Department of Veterans Affairs pursuant to such duty.","title":"To amend title 38, United States Code, to provide additional authority for the Secretary of Veterans Affairs to provide health care for a period of two years to members of the Armed Forces (including members of the National Guard serving under State authority) who serve in areas affected by Hurricane Katrina and Hurricane Rita, to provide for the Secretary of Veterans Affairs and the Secretary of Defense to enter into an agreement with the National Academy of Sciences to survey and assess the potential health consequences of service by members in those areas, and for other purposes.","text_len":8569,"sum_len":1062}